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Ordinance 1986-91 mm I Nl~NCE r'~u. .._....~6...~..f!. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE UF THE CITY OF WYLIE, TEXAS, AS HERETOFORE AMENDED (ORDINANCE NO 81-5), TO CHANGE THE ZUNING ON THE HEREINAFTER DESCRIBED PROPERTY TO THE NEW ZONINb CLASSIFICA- TION HEREIN STATED; PROVIDING A REPEALING CLAUSE; PI::;;[)'-...! I DING ?~ SEVEHl4B I L.. I TY CU~USE ; Pt":O\i I DING PENALTIES FOR VIUL.ATION OF THIS OHDINANCE NOT TO EXCEED THE SUM OF TWO HUNDRED (5200.00) FOR EPICI.-1 OF'I:::'EN~:;E ; t~ND DECL.f~IF;: I NG AN EFFECTIVE DATE. WHEREAS, the City Zoning Commission and the City Council of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the granting of zoning changes under the zoning ordinance and zoning map, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, the said Governing Body is of the opinion that the said change of zoning which i ~:. 0 n <:~ p p ], :i. c: ;=, t ion 0 f ..,.. ....' ~ 9...u.:,~..;?.._ Q ,~.., _B..~..~ .~, ~..L. ..In. ~ ,~.. ....'..... ......._ ...., ..... _.. ..,....... ..... ,.... ...., s h 0 u ], d be granted and the Comprehensive Zoning Ordinance of the City of Wylie should be amended in the exercise of its legislative discretion: NOW, THEREFORE, BE IT URDAINED BY THE CITY COUNCIL. OF THE CITY OF WYL.IE, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be and the same is hereby amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning district classification to-wit: ,_ _._ J~ y s..i.n.,~.Q .s. _.1.. ...&..._.2 3,.. _Re..t.9, i1,3,,_. .M.u.ltj.J..gmily,3...., ,5, ing.l.e..... F ami 1 y 2 & 3 Said property being described as follows: see attached TRACT A Be ing three tracts 0 f land out of R. D. NEWMAN SURVEY, ABSTMCT NO. 660 and being a part of' 31.82 acre tract of land conveyed to Marguerite Bostic by 1\. O. Byrd and filed in Volume 502 at Page 172, dated July 16, 19~5, Deed Records of Collin County, Texas, a part of a 33.3 acre tract of land and a 32.5 acre tract of land conveyed to Gene T. Ruhl and Gertrude Ruhl Raily by Charles L. Ruhl by deed as filed in Volume 602, Page 265 of the Deed Records of Collin County, Texas, and being a part of ~ 0.164 acre tract conveyed to Gene T. Ruhl and Gertrude Ruhl Raily by Charles L. Rulli by deed as filed in Volume 459, Page 476 of the Deed Records of Collin County, Texas and a 5.58 acre tract out of a 20.0 acr~ tract conveyed to Big-Tex Development Corporation by George J. h'allace and wife, Vivian Wallace, as filed in Volume 578, Page 561, Deed Records, Collin County, Texas, and being more particu- larly described as followss . BEGINNING at a' stake located in the Southeast line of State Highway No. 78, said point being North 51 deg. 46 min. 23 sec. East 1329.93 feet from the West line of the R. D. Newman Su~vey, THENCE North 51 deg. 46 min. 23 sec. East with the Southeast line of State Highway No. 78 (120 foot R.O.W.) 441.07 feet to iron stake located for cornerj THENCE North 63 deg. 04 min. 23 sec. East with R.O.W. of State Highway No. 78,' 204.00 feet to iron stake located for corner, THENCE North 51 deg. 46 min. 23 Sr:!C. East \<lith R.O.H. of State lIighway No. 78, 101.79 feet to iron stake located for corner, TIIENCE North 51 deg. 46 min. 23 sec. East with the R.O.H. of State Highway No. 78 and the North line of a 29.506 acre tract 874.87 feet to iron stake located for corner; THENCE North 51 deg. 49 min. 41 sec. East with R.O.W. of Highway No. 78, 103.76 feet to post located for corner; I' THENCE South 62 deg. 03 min. 28 sec. East with fence line and with the Southwest line of a 4.95 acre tract as conveyed in deed as filed in Volume 639 at Page 643 of the Deed Records of Collin County, Texas, 155.84 feet to point for corner at, base of large tree used for corner post, THENCE South 88 deg. 04 min., 41 sec. East with the South line of said 4.95 acre tract with fence line, with the North line of said 33.3 acre tract, 748.53 feet to a stake for corner, said point being the Northwest corner of a 55.0 acre tract of land conveyed to J. D. Egnew.. filed in Volume 312, Page 262 of the Deed Records of Collin County, Texas, and said point being set in the South line of a tract of land conveyed to II. E. tHnyard and filed, in Volume 719, Page 533 of the Deed Records of Collin ,County, Texas, THENCE South 02 deg. 13 min. 24 sec. West with the West line of said Egnew 55.0 acre tract and with tree line, and with East lines of said 33.3 acre' and 32.5 acre tracts, 2289.62 feet to a stake fo~ corner, said point being the Northeast corner of a tract conv~yed to PAGE -1- I>' ~!G~V 'I7rs~ .. ~-~I r 8~ I:: ~'ii I" iL- Harris II. Patterson, filed in Volume 670, Page 212 of the Deed Records of Collin County, Texas, THENCE North 89 deg. 37 min. 44 sec. West with fence line and with North line of said Patterson tract, 129.77 feet to a post for corner, THENCE South 02 deg. 40 min. 38 sec. West with the West line of said Patterson tract, 373.66 feet to a stake for corner, said point being the Southeast corner of said 32.5 acre tract, and said point being in the North line of a 117.0 acre tract of land conveyed to C. J. Thomson and filed in Volume 724, Page 64 of the Deed Records of Collin County, Texas, and said point being set in the centerline of a dirt road, THENCE North'88 deg. 18'min. 36.sec. West with the centerline of the dirt road and with the South line of said 32.5 acre tract, 1496.28 feet to stake set in dirt road for corner, THE N C E No r tho 2 de g . 13m in. 3 0 sec. E a s t wit h t r e e line, and with West line of said 32.5 acre tract, and with East line of said Bill Hackett, 34.3 acre tract, 879.96 feet to a stake for corner, said point being the Southwest corner of a 31.82 acre tract of land conveyed to Marguerite Bostic by A. D. Boyd in Volume 502, Page 172 of the Deed Records of Collin County, Texas, dated. July 16, 1955, . THENCE,North 02 deg. 19 min. 09 sec. East with the East line of said Hackett tract and with tree line and with 8.0 foot passageway along West side of said 31.82 acre tract as filed in Volume 73 at Page 84, 738.89 feet to iron stake located in old fence lirie being the South- e~st corner of said 5.58 acre tract of land, TIIENCE South 51 deg. 46 min. 23 sec. West with said 5.58 acre tract 428.85 feet to iron stake located for corner, THENCE North 38 deg. 13 min. 37 sec. West with the Hesterly line of said 5.58 acre tract 417.74 feet to Place of Beginning 0' PAGE -2- TRACT 8 Being all that certain tract or parcel of land situated Southwest of the Town of Wylie, County of Collin and State of Texas, a part of the R. D. Newman Survey, Abstract No. 660 and including 32.3 acres and 5 acres conveyed to Glenn Day in Release recorded in Volume 1091, Page 874 of the Collin County Deed Records and being further described as follows: Commencing at a nail for corner in the West Line of said Newman Survey and the centerline of Bailey Road, the Northwest corner of a 2.00 acre tract of land c~nveyed to Jerry L. Smith and wife by deed recorded in Volume 724, Page 776, Collin County Deed Records; Thence North 0 Degrees 20 Minutes 45 Seconds West with the centerline of said Bailey Road the the West Line of Said Newman Survey a distance of 1102.58 feet to a nail at Point of Beginning, said Point of Beginning at the intersection of an East West County Road; Thence North 3 degrees 35 Minutes West a distance of 20.27 feet to an iron pin for corner, the Southwest corner of a 2.00 acre tract of land, sold out of said 32.3 acre tract; Thence South 89 Degrees 19 Minutes 30 Seconds East with the South Line of said 2 acres, a distance of 251.28 feet to an iron pin for corner; Thence North 0 Degrees 11 Minutes West with the East Line of said 2 acres a distance of 451.92 feet to an iron pin for corner; Thence North 50 Degrees 22 Minutes 15 Seconds East a distance of 473.17 feet to an iron pin for corner; Thence North 50 degrees 13 Minutes East a distance of 150.83 feet to a fence post for corner; Thence North 39 Degrees 41 Minutes West a distance of 417.28 feet to fence post for corner; Thence North 50 Degrees 25 Minutes East with the Southeast line of State Highway No. 78 a distance of 728.65 feet to an iron pin for corner; Thence South 39 Degrees 43 Minutes 30 Seconds East a distance of 417.42 feet to an iron pin for corner, the Southeast corner of said 5 acres; Thence North 50 Degrees 24 Minutes East a distance of 425.27 feet to an iron pin for corner, the Northeast corner of said 32.3 acre tract; Thence Southerly with an established fence for the East Line of said 32.3 acres the following: South 1 Degree 23 Minutes West a distance of 55.6 feet to a.fence post; South 0 Degrees 51 Minutes East a distance of 569.88 feet to a fence post; South 1 Degrees 40 Minutes East a distance of 115.15 feet to a fence post; South 0 Degrees 35 Minutes 40 Seconds West at 860.39 feet passing a fence post continuing in aU a distance of 881.39 feet to a nail for corner in the center of a dirt road; Thence South 89 Degrees 57 Minutes 15 Seconds West with the center of said road a distance of 371.56 feet to a point for corner; Thence North 89 Degrees 31 Minutes 06 Seconds West with the center of said road a distance of 772.84 feet to a point for corner; Thence North 89 Degrees 30 Minutes 19 Seconds West with the center of said road a distance of 476.38 feet to the point of beginning and containing 37.415 acres of land. TRACT C m::mJ till that certain tract or parcel of land situated about: 2.5 miles Soutlr.-test 'of the City of Wylie, County of Collin and State of Texas, a part of ' the R. D. tle~nan Survey, f\bstract No. 660, and being the 5.983 acre tract of land conveya:J to George Lander by deed recorded in Volume 1438, Page 426, Collin County Deed Records and being further described as follows: BE;GHlNING at an iron pin set for corner, the Northwest corner of said 5.983 ades and the Northeast corner of 7.67 acres conveyed to B. B. Nelson by deed recorded in Volume 547, Page 20, Collin County Deed Records, at tile intersection of the West Line of said Ne\oman Survey with the Southeast Line of . . St3 t~ IIigluay 78; , '. TIIElet: North 50 degrees 20 minutes East: .wlt:h said .Southeast: Line a distance of ~S2.1l feet to an iron pin for corrier, l1IEl^=E South 39 degrees 36 minutes East: a dist:ance of 417.78 feet to an iron pir. for corner;. TIlEleE South 50 degrees 22 minutes 15 secords West: a distance of 797.65 feet ' to an iron pin for ~orner in the West Line of said R. D. '~wman Survey; TIIOl:E North wi th said West Line a distance of 542.08 feet: to the place of beginning and containing 5.990 acres of land. TRACT D Being all that certain tract or parcel of land situated about 2.7 miles Southwest fran the City of t'/ylie, County of Collin and State of Te~as, a pa-:': of the Il.J. Ilardin Survey, f\bstract No. 438 and being the 7.67 acre tract 01 land conveyed to B.B. Nelson by deed recorded in Voll.l1le 547, Page 201, Co 11 ill County. ~. Records and being further described as follows; Beg,inning at an iron pin for corner, the ~~rtheast: corner of said 7.67 acre tract of land and the Northwest corner of a 5.983 acre tract of land conveyed t6' GeOrge Lander by deed recorded in Voll.l1le 1438, Page 426, Collin County Deed Records, at the intersection of the East line of said Hardin Survey with the . Southeast Line of State lfighway No. 78; . Thence South with the East Line of said H.J. Hardin Survey and a chain link fence with the East Line a distance of 542.08 feet to an iron pin for corner: TIlence South 0 degrees 01 minute East with said East Line a distance of 242.00 feet to an iron pin for corner; Thence South 3 degrees 35 minutes East a distance of 20.27 feet to a nail for corner in the center of a County Road; Thence Westerly with the cen~er of ~aid County Road th~ following; Noeth 85 Degrees 30 Minutes West a distance of 317.37 feet to a nail; North 82 Degrees 26 Minutes \'lest a distance of 116..13 feet to a nail; .North 73 degrees 09 r-Iinutes 30 Sccords West a dist.:mce of 375.14 feet to a nail at the intersection with the Southeast Line of State Highv/ay No. 78: TIlence Uorth 50 Degrees 17 Minutes East with the said Southeast Line at 22.0 feet passing an iron pin in all a distance of 1025.94 feet t~ the place of beginning and containing 7.680 acres of land of which 0.383 acres are inclL~ed in said County Road leaving a net acreage of 7.297 acres of land. EXHIBIT "A" Newman Survey, Abst. ~660, BEING a tract of land situated in the R.Dd nveyed to L.H.Taylor and being all of the 55 acre trac~ ~~c;:~erc~7, 1951, and recorded by A.D.Hatton, etux, by Dfeetdh d~~~lin County Deed Records) and be~ng 1 442 Page 247 0 e 11 f the 0 61 acre in Vo., 'FIRST TRACT of land, a 0 f.l d all OF all of the 196.5 acre h 14 acre THIRD TRACT 0 an, ~ ~ SECOND TRACT of land, all of tell of the 10 acre FIFTH TRACT of the 10 acre FOURTH TRACT of ~~~~H ;RACT of land conveyed to ~~l: d and all of the 10 acre Ta lor by E.T.Standl~e~ ~a~aY10r (wife of L.M.Taylor) anddB~~~~~~ed In Vol. 436, Page ii, bY. Deed dated August 23, 19~1,can ty Texas and being more fully d R ds of Coll~n oun, '. ~~s~~~b~~e l:>Y :~~~s and p_~und~ as follows, t9,:~~ ~: SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTlm..t 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City as amended herein by the granting of this zoning classification. SECTION 4. That should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invlaid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 5. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City, as heretofore amended, and upon conviction shall be punished by fine not to exceed the sum of two hundred dollars ($200.00) for each offense, and that each day such violation shall continue to exist shall constitute a separate offense. SECTION 6. It is necessary to give the property described herein the above mentioned zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare fo the City. Therefore, this ordinance shall take effect immediately from and after its passage, as the law in such cases provides. DULLY PASSED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS!. thi s the ___llt.lL____ day of __.NQ'iEMB.ER____________,' 198.._6__ , .\\\\\\lIl\llU""'"'lZZ ",~~~\ 0 F 'A; I'/~ ,~", :"'1 ry I';~A ~-:O'A , r(.'~ ,~, ..; " ,,~ ~( .\ ~~ ~. ", \ ES' .~,.I; ..: ~ ~ ~ i ~ e :;;; i5 ~ ,iJi ;:::; ~ ~ tt;:-o C, ~ '~';YL/E, "~'f:~~ 1'//1/'''"11I111\1\\\\\\\'1 ~/ i' ;/ /, ,.'~"" / / ~=-, _, ,," /:-__ -!..t.~J2 {(fjLL_______ ,/ oe Ful gham,/ ayor Pro Tem / , ATTEST: ~) ~n /./ ,/, .'\ , i / (.(/1 7 / ->1 . ---~~~~1~~-- Carolyn JOrv' Ci i . ~ '"'- .. ' . .' W N T24 T2~ ~ l~! .1 ~H loW L OE! 262 tl\f A3NlnS S\f,!lOOO , H t=:;7~== Tl7 ==-;T------7"""'~,~-O------------- ---1 SEvS\fni\llnSN\fi'lM3N all ~I: J :7 , ' ' ti-'" , , , '~ :~ ! r -I' 17 ii, ~~, I I; i"'r i~ :; :; 1.,-, ~CM f ~_:_- '---.--, 'T .. I:!l~.' - ~I, ~ - ~' ~ I ~, ;::, I , , . '.., "I , , '''-. '/ '-" ..f ..,' ..j ,- , , .-/ .- N, ;::, i.. , I , -' ;::1 J t ~\ , , \ , <9, <\ 'Pl,... tn.... 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