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Ordinance 1997-15 / CITY OF WYLIE, TEXAS ORDINANCE NO. ��;� AN ORDINANCE OF TI� CITY COUNCIL OF T'HE CITY OF WYLIE, TEXAS, DISANNEXING A 97.8314 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE L.M. MARSHALL SURVEY, ABSTRACT NO. 594, AND THE WM. PATTERSON SURVEY, ABSTRACT NO. 716, OF THE LAND RECORDS OF COLLIN COUNTY, TEXAS WITH SUCH LAND BEING A PORTION OF THE LAND ANNEXED UNDER THE CITY OF WYLIE' S ORDINANCE NO. 96-16; RELEASING ALL OF 'TF� CITY OF WYLIE, TEXAS' EXTRATERRITORIAL JURISDICTION RIGHTS, TITLE, INTEREST AND CLAIMS TO A 93.8814 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE L.M. MARSHALL SURVEY, ABSTRACT NO. 594, AND THE WM. PATTERSON SURVEY, ABSTRACT NO. 716, OF THE LAND RECORDS OF COLLIN COUNTY, TEXAS WITH SUCH LAND BEING A PORTION OF THE LAND ANNEXED UNDER THE CITY OF WYLIE'S ORDINANCE NO. 96-16; DESCRIBING 'TI� TRACT OF LAND TO BE DISANNEXED AND TI-� TRACT OF LAND TO BE RELEASED FROM THE EXTRATERRITORIAL JURISDICTION; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City of Wylie, Texas' ("Wylie") City Charter and the Texas Local Government Code, Chapters 42 and 43 authorize the disannexation of land which had previously been part of the incorporated limits of Wylie, and the release of Wylie's rights, title, interest and claims to its extraterritorial jurisdiction ("ETJ"); and WHEREAS, after investigation and review, the City Council of Wylie ("City Council") has determined and hereby finds that it is in the public interest and in the best interests of the citizens of Wylie to disannex a 97.8314 acre tract of land, more or less, that is a portion of a 195.6671 acre tract of land, situation in the L.M. Marshall Survey, Abstract No. 594 and the Wm Patterson Survey, Abstract No. 716 Collin County, Texas, and being a portion of the land annexed under Wylie's Ordinance No. 96-16. The land being disannexed is more particularly described in Exhibit "A", attached hereto and incorporated herein by reference for all purposes ("Property A"); and ORDINANCE DISANNEXING 97.8314 ACRES OF LAND AND RELEASING ITS ETJ TO 93.8814 ACRES OF LAND - Page 1 kw/9/11/97/5:41 pm/I,:�MBOX4\WYIIE�PARKER�DISANNEX.ORD/940272.202 WHEREAS, after investigation and review, the City Council has determined and hereby finds that it is in the public interest and in the best interests of the citizens of Wylie to release all of Wylie's ETJ rights, title, interest and claims to a 93.8814 acre tract of land, more or less, that is a portion of a 195.6671 acre tract of land, situation in the L.M. Marshall Survey, Abstract No. 594 and the Wm Patterson Survey, Abstract No. 716 Collin County, Texas to the City of Parker, Texas, and being a portion of the land annexed under Wylie's Ordinance No. 96-16. The land being released is more particularly described in E�ibit "B", attached hereto and incorporated herein by reference for all pu�poses ("Property B"); and WHEREAS, after investigation and review, the City Council has further deemed it appropriate to disannex Property A, and to release its ETJ rights, title, interest and claims to Property B to the City of Parker, Texas; and WHEREAS, the City Council finds that Wylie has met all statutory and City Charter prerequisites for disanne�ng Property A, and to releasing its ETJ rights, title, interest and claims to Praperty B; and WHEREAS, this Ordinance is being adopted by the City Council at a special meeting, with notice being duly posted in the time and manner required by the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. ORT►INANCE DISANNEXING 97.8314 ACRES OF LAND AND RELEASING ITS ETJ TO 93.8814 ACRES OF LAND - Page 2 kw/9/11/97/5:41 pm/L:\MBOX4\WYLIE�PARKER�DISANNEX.ORD/940272.202 SECTION 2: The City Council disannexes Property A being a 97.8314 acre tract of land, mare or less. SECTION 3: The City Council releases its ETJ rights, title, interest and claims to Property B being a 93.8814 acre tract of land, more or less. SECTION 4: It is not the intention of the City Council, by the approval and adoption of this Ordinance, that Wylie disannex the remaining portion of the property annexed and described in Wylie Ordinance No. 96-16 or release the ETJ of Property A except as described in Property B. The City Council finds the property annexed and described in Ordinance No. 96-16 and not disannexed in this Ordinance to still be within the incorporated limits of Wylie. The City Council finds Property A is retained in the ETJ of Wylie except as released by this Ordinance and described in Property B. SECTION 5: It is the intention of the City Council that this Ordinance, and every provision thereof, shall be considered severable and the invalidity of any section, clause or provision or part or portion of any section, clause, or provision of this Ordinance shall not affect the validity of any other portion of this Ordinance. SECTION 6: Should any part or portion of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and a11 remaining portions shall remain in full force and effect. SECTION 7: All ordinances in conflict herewith are repealed to the e}rtent they are in conflict. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 8: This Ordinance shall become effective from and after its adoption by the City Council. ORDINANCE DISANNEXING 97.8314 ACRES OF LAND AND RELEASING ITS ETJ TO 93.8814 ACRES OF LAND - Page 3 kw/9/11/97/5:41 pm/L:�IBOX4\WYLIE�PARKER�DISANNEX.ORD/940272.202 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS ON THIS 1�th DAY OF SEPTEMBE 997. �,; SWARTZ, Mayor ' ATTESTED TO AND CORRECTLY RECORDED BY: APPROVED AS TO FORM: � �. RICHARD M. ABERNATHY Cit:y Secretary �'� ABERNATHY, ROEDER, ROBERTSON BOYD & JOPLIN, P.C. City Attorneys ORTIINANCE DISANNEXING 97.8314 ACRES OF LAND AND RELEASING ITS ETJ TO 93.8814 ACRES OF LAPTD - Page 4 kw/9/11/97/5:41 pm/I.:�MBOX4\WYLIE�PARKER�DISANNEX.ORD/940272.202 G�= -_ �� _a =..� ��c:L1C� P^C:<G=+�i y ��c�ccC��'c NC.�S? G:2 EXHIBIT '•A �� DISANNEXATION AREA Br�ng a 97.8314 ncre tract of 2and ouc of a 195 .6617 acre craci uf land situated in Ca)!in Couniy Tcxas, aut of the L. M. Mas•styal1 Sun,e� Absiracr No. S94 snd the Wil�inm pan� S Absiract No.716, said 195.66I1 ac,re tract being ihe same trsct of Jand descr�f�ed irt Ciry of Wy1ie Qrdinanct Na.46- � 5, and lsein� a gutvey of a eal(ed I 53', 88 acre tract as conveycd ta f�n Brodhead frem Bank� Life Camp�any by Warra�ty Deed �arded in Volume 329, Pag�e 398, an Apryl 5, 1941, in the Dcrsf �tc�car�. CaJiin Cnunry. 'I'exas, anc� alse a calted 41.0 acrc traci canvry� in John Brodhea�t from Myt?ie Sansoa Pltiifips, a fcuie sole by Warranry De�d rccordcd in Vo�ume 340� Fag�c IpO, on A�rii Z6, 1948, Dced Re�ords� Caliin Counry, Texas, and being mare particalar�y desr.n� as fatlows; i Beg�nai�qg at thc Sautheasi coraer af Moss Ridgc Esrates, ax� Addition tn tl�e City of Parker, T��a North Q� deg�s 49 minutes 34 ser,ands West along ttie East Iiac ofsaid Moss Ri�fge Estates, being tl�e West line of rl�e afar I95.6617 acrc tract, a distancr af 1945.45 , fctt. to the Alarthwest conxr of said � 95.66I7 acre usct; � �'bp+ce hlonE� $9 de�ccs t79 minutes i0 st�ondt East alor�g the North l�ne of said 195.6617 acr� uaci a distance af 2306.01 fcer, to a point an ihe west bank of Muddy Cr�k; Theae�e Natth 88 de�xs 11 minutcs g4 ser�nd� E�st a distaacx of 334.00 fces, to the Nonheast carner of said t 95.6617 acr�e trac� Th��ce Sa�rth 40 degre:s 31 minutes 3? seconds F.ast along the E�st liee af said 195.6b 17 acre tra�t, a distancc of ��61_03 fert; "I'Lere� South 88 dtgces i0 rninutes 26 seCOnds Wesi a distaric� of 2I47.Q0 fce1; 'Theace Soueh 01 degre�s 4� mintitcs 34 sa�mis �ast a distanca of 304.83 fett; T'�e�e South 88 d+e�es 14 minuta 26 sc�nds West 4SO.Q0 fcet, tu the Point of Beginning„ bcing the Seutf�east cornez of Moss Ridgc Est$tes; Cont�it�ing 4,2b1,53?. I3 Squarr feei or 97,83 i4 sctes og�, mp�e ar Iess: Basis of Bearin� and Dimcnsioasl Control fo� this descrigtton, tskcn From description of thc 195.66I3 aene trac�, as attached co Ciry of Wyiie Annexatian Ordinaaca No,96-16, v �-� : _ '� � _ _ -., r-:� t L 1 L= ^:..t<Lra`1 � � � c�oc`��C:2 NO . �57 D 1 � J �' t EXF�IT , �B" Bdng an approximat� 97.8314 acre tract af faad aut of a t 95.66 i7 acre tract of Iand sit�tsd ;n Collirr Caunty, 1'exas, out of the LM. Marshall 5urvey AbstYacr No_59•e and she LVi11�am Patter.s4n Survey, A bsUact No. 7 Z 6, said J 95. 6617 acre cr.tet bCing the same tract of laad �escribed in City of Wyli� Or�ina�c� No.9b-16, and (xins a survcy oi a catkd I53.88 acre tr�ct as convcycd to loast Bresdhead fraru San3ctrs I.ife Company by Warranty j7�tri rec�r�d in volume 3?9, Pagc 39a, on Apri15, I441, ia the Dce� Rxa�+ds, Col2in County, Texas, and al� � calltd 41.0 acre tra,ct conveyeci to ]oE�n Hrndhead from Myrtle Siinson Plullips, a fcme sale by Warranry Deed recorde� in vafume 390, Pa�c 100, oa Apri12b, 1948, Deed R�,cords, ColIia C:ouaty, Texas, and being mo�c gatticuteriy dcsctYbed aGS fo�lows: � BegiQUing at the Soutlseasi corner af Moss Ridg�e Esmtes, a� Addition ta the City of Partcer, � . T1�enee NoRh O 1 degrees 49 miaubes 34 9ecands West aloag tt�e East iine of sa�d Mass Ridge Estat�, bcis�g thc West Iine af the aforcmeatior�ed 195.6617 acz� tracx, a distsnu of 1905.05 feot, to thc Northw�GSt canier of said 195.6b l7 a�re trac� � '��stce Narth 89 degr�es 09 �»iavtes I O secoads East alang the rlorth line of said I95.6617 acr� �ct a distaace of 230fi.0 t feet to a pof nL oa ihe w�est banic of Muddy Ct+�ek; THence Nerth 88 � 1! tr�incrtes 54 seconds East a di�a�tc� af �24.00 feei, w ttec Noriheast c.arncr af said 195.b61? acrc trsct; '�'bt�ce SQnth (}Q dcgrets 37 rninuLes 3? srr.auds East along t}te East unc Qf said 295.6617 acra tract, a distanc� of ! 56�.43 fai; Tl�eriee South 8$ degrces 10 mir�utcs 2b scr�ads West a�stanca of 2I47.00 f�ct; Ti�eata Souih O1 dcgsets 49 mincttes 3d seconds East a distattce of 344.83 te�i; I3eac� So�th 88 �s 10 mina�es 26 �atids West 45d.a0 �e� to the Paint oi Beginning. being t2� Southeast crorner of�fos5 Ridga Fstates; Codtsiaing 4,2b 1,537.13 Square feei or 97.8314 actes of land. more oc 1ess; S�ve and Except two {Z) arrss af lasd Roeated East af the bonrtdery line descnibed ia a cantract bctw�en the City af 1Yytie and Crty of PariErr datcd S-b-7�, 3s raarded in Volwrta 1614, Pag� 341 Callin Counr� [.aad Rxards, cafliag "thc meand� of t�e c�nfer�i� of MErddy Credc" as t!� bocmdary tine. Ans One ( f) being approadm�t#cly 0.88 acr� ioc�cd st ttu �lartfieast camtr af" the abc�ve deseribed 97.83 t 4 ac� tYSCt. astd Area Turo (Z) being a�ppcaxi::sately 3.a1 acres 3ocated at thc Saush� camer of tbe abovs des�nbed 97.83 t4 acrc tract Leaviag an approximata nct acreagc of g3.8814 acrr� ef jas�d, mon o� lc�s� � p���s Art�a. k3asis of B�aring and Dimensioaai Cotstroi for this description, taken from dtscri�tiun of tf�c 195.6617 acrc tract, as atsac�ed to Ciry of Wyl;e Ann,exatioa prdinancE No.96-16.