Ordinance 1984-30
ORDINANCE NO. (jr~-~Z?
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AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING
THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
WYLIE, TEXAS, AS HERETOFORE AMENDED (ORDINANCE NO.
81-5), TO CHANGE THE ZONING ON THE HEREINAFTER
DESCRIBED PROPERTY TO THE NEW ZONING CLASSIFICATION
HEREIN STATED; PROVIDING A REPEALING CLAUSE; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION
OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO HUNDRED
DOLLARS ($200.00) FOR EACH OFFENSE; AND DECLARING 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 is on
application of David R. Williams should 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 ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
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: Tract 1: 74.36 Acres - SF 1
19.56 Acres - SF 2
Tract 2: 19.71 Acres - Retail
20.70 Acres - SF 2
12.37 Acres - MF
24.22 Acres - 2F - Duplex
Said property being described as follows:
See attached
EXHIBIT IIAII
TRACT I
Description of a 93.813 acre tract of land out of the Francisco de la Pina
Survey. Abstract No. 688, Collin County, Texas, said tract being that tract of
land conveyed to the Hassie Hunt Trust by deed recorded in Volume 907, Page 126,
and subsequently conveyed to the Hassie Hunt Exploration Company by deed
recorded in Volume 1151, Page 419, Deed Records, Collin County, Texas, said
93.813 acre tract being more particularily described as follows:
BEGINNING at a t inch iron rod set in the south line of the de la Pina Survey
and in the center of Stone Street;
THENCE N 8802810011 W, with the center line of said Stone Street a distance of
493.38 feet to an iron rod set for corner, said point being in an offset in the
north right-of-way line of FM Highway No. 544;
THENCE N 01032'0011 E, with said offset line, a distance of 45.00 feet to a t
inch iron rod set for corner in the north right-of-way line of said highway;
THENCE N 88028'0011 W, with the north line of said FM Highway No. 544, a distance
of 1494.00 feet to a t inch iron rod set at an angle point;
THENCE N 88000'0011 W, with said north right-of-way line, a distance of 181.85
feet to a t inch iron rod set for corner, said point being the southeast corner
of a tract of land conveyed to the First Christian Church of Wylie, Texas by
deed recorded in Volume 634, Page 255 Deed Records, Collin County, Texas;
THENCE N 01054'0011 E, with the east line of said Church Tract, a distance of
348.04 feet to a t inch iron rod set for corner;
THENCE N 88000'0011 W, with the northline of said Church Tract, a distance of
435.00 feet to a t inch iron rod set for corner in the centerline of the
original 40 foot wide right-of-way of Akins Road (now 50 feet wide at that
point);
THENCE N 01054'0011 E, with the center line of said road, a distance of 1257.82
feet to a t inch iron rod set for corner;
THENCE S 8802210011 E, at 16.94 feet pass a fence corner, said point being the
southwest corner of Rush Creek Estates, an addition to the City of Wylie
recorded in Volume 565, Page 107 Map Records of Collin County, Texas,
Continuing generally with an old fence line, at 374.78 pass the southeast corner
of said Rush Creek Estates.
Continuing with the south line of a tract of land conveyed to Harry Tibbals by
deed recorded in Volume 565, Page 107, Deed Records, Collin County, Texas, in
all, a distance of 2631.42 feet to a fence corner found, said point being the
northwest corner of a tract of land conveyed to R.V. Groves by deed recorded in
Volume 644, Page 73, Deed Records, Collin County, Texas;
THENCE S 0201410011 W, with a west line of said Groves Tract, a distance of
626.06 feet to a t inch iron rod set at an angle point;
THENCE S 03012'0011 W, continuing with the west line of said Groves Tract, a
distance of 1025.68 feet to the PLACE OF BEGINNING;
CONTAINING, 4,086,496.75 square feet or 93.813 acres of land, of which 38,059.7
square feet lie within public roadways.
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EXHIBIT IIBII
TRACT II
Description of a 77.106 acre tract of land out of the Allen Atterberry Survey,
Abstract No. 23, Collin County, Texas, said tract being comprised of a 77.106
(described as being 77.106 acres) acre tract conveyed to the Hassie Hunt Trust
by deed recorded in Volume 907, Page 117, less a 4.138 acre tract out of said
77.106 acre tract conveyed to the City 'of Wylie, Texas, by deed filed for record
on November 14, 1983, with the County Clerk, Collin County, Texas, and including
a 4.138 acre tract of land conveyed to the Hassie Hunt Exploration Company by
deed filed for record on November 14, 1983 with the County Clerk, said 77.106
acre tract being more particularly described as follows:
BEGINNING at an iron rod set for the northwest corner of said 77.106 acre tract,
said point being in the south right-of-way line of FM Highway No. 544 (90 feet
wide at this point), and being the northeast corner of Eldridge Addition, an
addition to the City of Wylie recorded in Volume 3, Page 97 Map Records, Collin
County, Texas;
THENCE S 88000100" E, with the south line of said FM Highway 544, a distance of
822.32 feet to a t inch iron rod set at an angle point;
THENCE S 8802810011 E, continuing with said south right-of-way line, a distance
of 1110.53 feet to a t inch iron rod set at the beginning of a curve to the
right with a radius of 773.51 feet;
THENCE continuing in an easterly direction with said south right-of-way line and
with said curve to the right through a central angle of 19032'3911, chord bearing
S 7804114111 E, an arc distance of 263.85 feet to a t inch iron rod set for
corner, said point being in the middle of a small branch;
THENCE southwesterly with the meanders of said small branch, the following
courses and distances: S 10017'00" W, a distance of 310.64 feet to an iron pipe
found at angle point:
THENCE S 12043'00" W, a distance of 166.92 to an iron pipe found at angle point;
THENCE S 0304610011 W, a distance of 124.02 feet to an axle found;
THENCE S 8501310011 E, a distance of 410.14 feet to an iron rod found for corner;
THENCE S 0105810011 E, with a westerly line of a certain 2.52 acre tract of land
which has been partitioned into six (6) lots, a distance of 770.50 feet to a t
inch iron rod set for corner, said point being in the north line of a one acre
tract conveyed by Alfred Collins to Kenneth W. Clemmons by deed recorded in
Volume 689, Page 750, Deed Records, Collin County, Texas;
THENCE N 88007100" W, with the north line of said Clemmons Tract and with north
line of the 45.07 acre tract remaining out of the property conveyed to Alfred
Collins by deed recorded in Volume 309, Page 285 Deed Records, Collin County,
Texas, a distance of 1783.25 feet to a t inch iron rod set for corner, said
point being the northeast corner of said 4.138 acre tract conveyed to said
Hassie Hunt Exploration Company, said point being the northwest corner of said
Collins Tract;
EXHIBIT IIBII continued
THENCE S 00025'1211 E, with the west line of said Collins Tract, a distance of
767.35 feet to a t inch iron rod set for corner, said point being the southeast
corner of said 4.138 acre tract;
THENCE N 89049'1011 W, with the south line of said tract, a distance of 166.05 to
a t inch iron rod set for the southwest corner of said tract;
THENCE N 06025'4711 W, with the easterly line of that tract remaining to the City
of Wylie, a distance of 355.16 feet to a t inch iron rod set at an angle point;
THENCE N 1900412211 W, continuing with said easterly line, a distance of 450.00
feet to a t inch iron rod set an angle point, said point being the southeast
corner of said 4.138 acre tract conveyed by said Hassie Hunt Exploration Company
to the City of Wylie;
THENCE N 18011'5111 W, with the east line of said 4.138 acre tract, a distance of
401.08 feet to a t inch iron rod set at angle point;
THENCE N 3703012311 W, continuing with said line, a distance of 207.64 feet to a
t inch iron rod set for angle point;
THENCE N 65036'3111 W, continuing with said line, a distance of 180.51 feet to a
t inch iron rod set for corner in an east line of a tract of land conveyed by
Trimble to the City of Wylie, by deed recorded in Volume 1320, Page 511, Deed
Records, Collin County, Texas, said point being in the west line of said 77.106
acre tract;
THENCE N 01030100" E, with the east line of said City of Wylie Tract and with
the east line of a tract conveyed to Dr. Trimble by deed recorded in Volume 641,
Page 604 and with the east line of said Eldridge Addition a distance of 816.33
feet to the PLACE OF BEGINNING;
CONTAINING 3,358,757.73 square feet or 77.106 acres of land.
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ORDINANCE NO.
CONT'd.
Page 2
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.
SECTION 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 invalid, 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 hereto-
fore 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 develop-
ment and in order to protect the public interest, comfort and general welfare
of the City. Therefore, this ordinance shall take effect immediately from
and after its passage and publication of its caption, as the law in such
cases provides.
DULY PASSED by the City Council of the City of Wylie, Texas, this 12th
day of June , 1984.
APPROVED:
f/
ATTEST: