Ordinance 1987-39
ORD I NANCE NO. ! '7-3 f
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 CLASSIFICA-
TION 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 ($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 Hugh C. Pendery, John F. Pendery, should
be granted and the co~~~I.Ji J~R~~rJiMgggrrfa~nance 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:
See attached
Said property being described as follows:
see attached
ZONING FOR PENDERY TRACTS
TRACT 1 Single Family 2 97.3 Acres
TRACT 2 Industrial 36.0 Acres
TRACT 3 Business 1 13.7 Acres
TRACT 4 Single Family 3 20.1 Acres
TRACT 5 Business 2 7.2 Acres
TRACT 6 Business 2 9.1 Acres
See attached map
-
EXHIBIT "A"
LEGAL DESCRIPTION
FOR
TRACTS 1 THROUGH 5
BEING a 146.87 acre tract out of the Francisco De La Pina Survey, Abstract 688,
City of Wylie, Collin County, Texas, and being all ot a 82.364 acre tract described in
Volume 585, Page 347, and all of a 49.228 acre tract described in Volume 609, Page
227, and part of an 18.1 acre tract described in Volume 348, Page 207, Deed Records,
Collin County, Texas, and being more particularly described as follows:
BEGINNING at a railroad spike set at the southwest corner of said 82.364 acre
tract, said point being, more or less, South 2P51' East, a distance of 4,295 feet from
the northwest corner of said Francisco De La Pina Survey, the Texas Plane Coordinates
of said beginning point being North 495,929.17, East 2,297,534.13;
THENCE, North 01028'42" East, with a fence and also with the east line of a tract
conveyed to City and Town Builders, Inc., by deed recorded in Volume 1912, Page 834,
and continuing with the east line of the tract conveyed to Don Massoud by deed recorded
in Volume 1387, Page 800, a distance of 2,112.46 feet to a concrete government
monument with a bronze disc;
THENCE, North 23003'14" East, with a common line with a tract conveyed to
the United States of America by deed recorded in Volume 701, Page 491, a distance
of 309.89 feet to a concrete monument with a bronze disc;
THENCE North 24058'43" East, a distance of 160.00 feet to the centerline of
County Road 384 to a point for corner;
THENCE, easterly along the centerline of said County Road 384
South 85008'58" East, more or less, a distance ot 449.25 teet to a point for corner;
THENCE, continuing eastward along the centerline of said County Road 384,
South 88001'00" East, more or less, a distance of 450.00 feet to a point for corner;
THENCE, sou~herly and leaving the centerline of said County Road 384,
South 05006'36" West, a distance ot 125.00 feet to a concrete monument with a bronze
disc;
THENCE, South 86046'02" East, with a common line with said United States of
America tract, a distance of 115.46 feet to a concrete monument with a bronze disc;
THENCE, South 01034'36" West, a distance of 885.24 feet to a concrete monument
with a bronze disc;
THENCE, South 87018'18" East, a distance of 504.37 feet to a concrete monument
with a bronze disc at the southwest comer of Glad Acres Subdivision, an addition in
Collin County as recorded in Volume 2, Page 36, Collin County Map Records;
THENCE, South 88036'26" East, with the south line of Glad Acres Subdivision
and generally with a fence, a distance of 1,415.65 feet to a railroad spike set;
THENCE, South 01048'42" West, with the west line of County Road 389, a distance
of 1,566.67 feet to a point for corner located on the northern right-of-way line of the
St. Louis and Southwestern Railroad;
THENCE, South 18001'41" West, along said northern R.O.W. line a distance of
1,998.00 feet to 1/2" iron rod;
THENCE, North 02009'42" East, a distance of 525.88 feet to a point on the
centerline of County Road 383;
THENCE, westerly along said County Road 383 centerline North 81059'41" West,
a distance of 1156.07 feet to the POINT OF BEGINNING and containing 146.87 acres
of land, more or less.
LEGAL DESCRIPTION
FOR
TRACTS 6 THROUGH 9
BEING a 36.498 acre tract of land out of the Francisco De La Pina Survey, Abstract
No. 688, Collin County, Texas, said tract being part of an 84.92 acre tract conveyed
to Mary Pendery by deed recorded in Volume 344, Page 216, Deed Records, Collin County,
Texas, all bearings being referred to the Texas Plane Coordinate System North Central
Zone, said tract being more particularly described as follows:
BEGINNING at a concrete government monument with bronze disc in the south
line of County Road 384 (variable width at this point) and in the west line of said 84.92
acre Pendery tract, said point being, more or less, South 72026' East, a distance of 5,020
feet from the northwest comer ot said Francisco De La Pina Survey, the Texas Plane
Coordinates ot said beginning point being North 498,395.42, East 2,300,123.97;
THENCE, North 61010'23" East, with the south line of County Road 384, a distance
of 841.60 feet to a concrete government monument with bronze disc;
THENCE, North 66051'47" East, with the south line of said County Road, a distance
of 293.98 feet to a concrete government monument with bronze disc;
THENCE, South 03014'11" East, with a westerly line of a tract conveyed to the
United States of America by deed recorded in Volume 101, Page 491, a distance of 904.12
feet to a concrete government monument with bronze disc;
THENCE, South 88032'36" East, with the south line of said tract conveyed to the
United States of America, a distance of 264.15 feet to a concrete government monument
with bronze disc; said point being in the west line of a tract of land in title to
R. E. Alexander;
THENCE, South 01008'38" West, with a fence and with said Alexander west line,
a distance of 628.9 teet to a fence comer post; said point being in the north line of
a tract of land conveyed to A. V. Boyd by deed recorded in Volume 384, Page 14;
THENCE, North 88021'19" West, with a fence and said Alexander north line, a
distance of 1,386.25 feet to a fence comer post;
THENCE, North 02000'32" East, with the east line of a tract conveyed to William
Earin and continuing with the east line at a tract conveyed to Clinton Davis and with
a fence, a distance of 1,057.61 feet to the POINT OF BEGINNING and containing 36.495
acres of land, more or less.
, ,
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 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, th i s the ?Rth day 0 f .TTn.Y
198-1-.
,
a
ATTEST: