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Ordinance 1987-58 ORDINANCE NO. ,'?1-0~ 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 Thirsk Corporation N.V. 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: SF-l 37! Acres; SF-2 67! Acres; SF-3 42! Acres Retail S.7! Acres; and Business 1 6.S! Acres Said property being described as follows: lS8! Acres out of the Allen Atterbury Survey Abstract 23 See attached 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 That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect.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 O~ THE CIT~OF WYLIE, TEXAS, this the /P+-1 day of '-17~J~ ' 1982-. ~/ ~/ '-:-7':;1 /1.---?~ - Chuck Trimble, Mayor ATTEST: Being a tract of land located in ColI in County, Texas, on Old Highway No. 78 South of Wyl ie, Texas, and being out of three tracts of land as conveyed to Marvin K. Collie by Nancy Morris Collie by deed as filed in Volume 53~ at page 223 of the Deed Records of Collin County, Texas, and being also described In conveying 25% undiVided interest to C. Truett ~mith, as record- ed in Volume 489 at page 297 of Deed Records of Collin County, Texas, and being more particularly described as follows: COMMENCING at the Southwest corner of said Allen Atterbury Sur- vey, Abstract No. 23, said commencing point being located in center 1 ine of Old Highway No. 78; thence North 89 deg. 55 min. East 30.00 feet to a point, said point being located in the East R.O.W. of said Old Highway No. 78 and being the Southwest corner of 3rd tract, a 39.013 acre tract as described in said deed to Marvin K. Collin; thence North 277.00 feet to the Place of Beginning; , THENCE Easterly with the North line of a 25.19 acre tract of land conveyed to J.J.R.&B. Co. by deed recorded in Vol. 1117 at page 352 of the Deed Records of Coli in County, Texas; 1. North 89 deg. 55 min. East, 427.00 feet; 2. North 89 deg. 56 min. East, 1101.50 feet; 3. South 89 deg. 55 min. East, 1187.02 feet; 4. North 89 deg. 51 min. East, 1246.84 feet to iron stake set in old fence line for corner; THENCE North 0 deg. 21 min. East with fence and with an East line of a 10 acre tract described as second tract in said deed to Harvin K. Collie, 1125.83 feet to a stake. set for corner at the Northeast corner of said 10 acre tract; THENCE North 89 deg. 48 min. West with fence and North line of 10 acre tract, 308.20 feet to stake set for corner at base of corner post and being located on the East line of said 130 acre tract and being the Northwest corner of said 10 acre tract; THENCE North 0 deg. 24 min. East with old fence 1 ine and on the East line of Old Wagon Road and on East line of said 130 acre tract, 794.02 feet to stake for corner set at base of corner post; THENCE North 89 deg. 44 min. West with old fence 1 ine and North line of Old Road, 1313 feet and continuing with the North line of Old Road for a total distance of 2673.46 feet to stake set for corner; THENCE South 0 deg. 52 min. West with fence line and West line of said 130 acre tract, 468.45 feet to stake set at base of corner post for corner; THENCE South 89 deg. 50 min. West with fence and North line of 39.013 acre tract called Third Tract in said deed to Marvin K. Collie, 689.08 feet to point for corner on the Northeast corner of a 1.50 acre tract; THENCE South 220.00 feet to a point for corner being the South- east corner of a 1.50 acre tract; THENCE South 89 deg. 50 min. West 297.00 feet to a point in the East R.O.W. of Old Highway 78 and the Southeast corner of a 1.50 acre tract; THENCE South with East R.O.W. of said Old Highway No. 78, 1245."7 feet to Place of Beginning and containing 158.06 acres of land with 1.45 acres required to release Blanket Lone Star Gas Ease- ment for high pressure gas line and 0.88 acre contained in North Texas Municipal Water ~istrict Easement and T.P.& L. 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