Ordinance 1985-76
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AN URDINANCE UF THE CITY UF WYLIE, TEXAS AMENDING
THE CUMPREHENSIVE ZUNING ORDINANCE UF THE CITY UF
WYLIE, TEXAS, AS HERETOFURE AMENDED (ORDINANCE NO
81-5), TU CHANGE THE ZONING ON THE HEREINAFTER
DESCRIBED PROPERTY TU THE NEW ZONING CLASSIFICA-
TION HEREIN STATED; PRUVIDING A REPEALING CLAUSE;
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F'F~U') I D I t\IEi
PENALTIES FUR VIULATIUN OF THIS ORDINANCE NOT TO
EXCEED THE SUM OF TWU HUNDRED ($200.00)
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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 Eioverning
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be granted and the r~mprehensive Zoning Urdinance 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
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Said property being described d~ follows:
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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hereby, repealed and all other ordinances of the City not in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 o~ this ordinance shall remain
i!-~ .full 'for'ce and s.ffectu
SECTION 0. That the above described property shall De used
only in the manner and tor the pruposes provided for in the
(:ompr"e~)ensive ZC:Jnj.flg Or"dj.!"lar"lCe (3f 'tt"le City as anler'ldec! tlGI'-e:i.l"}
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 lonIng
Ordinance as a whole.
SECTION 5. That any person, tIrm 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.
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c:an,i~~.Ci ty Secl-eta,.y
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EXHIBIT "A"
Description of Ereckson Tracts
Being those certain lots, tracts or parcels of land,sit-
uated in Collin County, Texas, and being parts of 13.957 acs.
of land conveyed by Arthur Davila et ux to Jick Housewright
and Earl Parsons by deed recorded in Vol. 500, page 389 of
the Deed Records of Collin County, Texas, described as fol-
lows:
FIRST TRACT: Beginning at a stake in the North Line of
said 13.957 acre tract, from which stake the Northwest corner
of said tract bears West 57.3 feet;
THENCE S. 00 deg. 19 min. W. parallel to
and 57.3 feet East of the West line of said 13.957 acre tract
760 feet to a stake in the South line thereof;
THENCE East with the South line of said
13.957 acre tract 114.6 feet to a stake therein;
THENCE N. 00 deg. 19 min. E. 760 feet to a
stake in the North line of said 13.957 acre tract;
THENCE West 114.6 feet to the place of
beginning, and containing 2.00 acres of land, and being the
same Tract as conveyed by and described in that certain War-
ranty Deed dated March 21, 1961, wherein Jick Housewright and
Earl Parsons are Grantors and John H. Ereckson and Alline
Ereckson are Grantees, of record at Vol. 580, Pg. 589, Deed
Records of Collin County, Texas, subject to the reservations,
easements and restrictions therein set out;
SECOND TRACT:Beginning at the Northwest corner of said
13.957 acre tract;
THENCE West 57.3 feet;
THENCE S. 00 deg. 19 min. West parallel to
and 57.3 feet from the West line of said 13.957 acre tract
760 feet to a stake in the South line thereof;
THENCE East with the South line of said
13.957 acre tract 57.3 feet to the Southwest corner thereof;
THENCE N. 00 deg. 19 min. East with the
West line of said 13.957 acre tract 760 feet to the place of
beginning and containing one acre of land more or less, being
the same Tract as conveyed by and described in that certain
Warranty Deed dated June 21, 1958, wherein Jick Housewright
and Earl Parsons are Grantors and John H. Ereckson is
Grantee, of record at Vol. 541, Pg. 61, Deed Records of Col-
lin County, Texas, subject to the reservations, easements and
restrictions therein set out.
EXHIBIT "B"
Agreements Attached to Ereckson
Annexation
The City
the agreement
the 3 acre
agrees to the
of Wylie, Texas, for and in consideration of
by John H. Ereckson to request annexation of
tract situated on FM 3412 herein described,
following:
1. To classify for zoning
Ereckson tract as "Agricultural" under
ing regulations of the City of Wylie;
purposes the entire
Section 8 of the Zon-
2. To tie the new 8" water line into the Ereckson
water meter on or before the effective date of annexation, it
being understood that time is of the essence in this
instance (it is understood by Ereckson that an additional 45
days (approximate) will be necessary to clear and test the
line after the line connection has been made);
3. That even though Ereckson claims ownership of
the water meter situated in front of his residence, City will
accept the transfer of the meter to it with the understanding
that any and all service and replacement costs shall be assum-
ed by the City as long as Ereckson owns the property;
4. That the City shall not assess any fees relating
to the water connection other than the amount of $1,074.00 as
set out in the City's letter of November 30, 1984, SAVE and
EXCEPT that Ereckson shall be responsible for only those fees
resulting from water usage payable on a monthly basis as are
the citizens of Wylie;
5. That Ereckson be permitted to pay the connect-
ion amount set out under No. 4 above on a monthly basis with-
out interest at a rate of $20.00 added to his regular monthly
water statement;
6. That Ereckson shall be entitled to utilize the
presently installed septic tanks and for a reasonable time
thereafter until the sewer lines of the City are installed
and become reasonably available to Ereckson to make connect-
ion to his residence;
7. That Ereckson be permitted and authorized to com-
plete a 24 ft. by 34 ft. addition (extension) to his
barn, with concrete floor and conforming metal siding without
the necessity of a permit and without the "cease and desist"
order for lack of such permit, it being understood, further,
by the City, that such extension, upon completion, shall be
approximately ten (10) feet from the east property line of
Ereckson; PROVIDED, HOWEVER, that the building herein
described shall be completed within
date of annexation of the Ereckson
Wylie; and
one (1) year
tract to the
from the
City of
8. That the City of Wylie shall hold Ereckson harm-
less of and agrees to pay any and all reasonable attorneys
fees, court costs, and other expenses in connection thereto
as may be incurred by Ereckson to enforce the terms and con-
ditions of this Agreement.
The foregoing is attached to and made a part of the request
of John H Ereckson for annexation of his 3 acre tract located
on FM 3412, Collin County, Texas, which, when accepted by the
City of Wylie resulting in the annexation of the Ereckson
property shall constitute a valid and binding agreement
and contract between the parties hereto.