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Ordinance 1988-37 2973 851 ORDUIA.CE NO. 70024 cc:r.T~nCATE f "'''''''"~'~'I t'~~~ t,.. "'-:i\ 4. "" & . '" ""') ,,'\.1 u'- a ~ru3 2"hJl cc:ri'~C~ CD',')'}, .f . .. ~ t ~ Yt _]7"J~~,,/ AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ANNEXING THE HEREINAFTER DESCRIBED TERRITORY TO THE CITY OF WYLIE, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF SAID CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN SAID CITY LIMITS AND GRANTING TO ALL INHABITANTS AND OWNERS OF PROPERTY ALL OF THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING INHABITANTS BY ALL THE ACTS, ORDINANCES AND REGULATIONS OF SAID CITY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, after development and presentation of a service plan for said territory and after holding public hearings required under the provisions of Chapter 43 of the Local Government Code of the State of Texas; and, WHEREAS, the following described territory is land adjoining the present City limits of the City of Wylie, and the members of the City Council of the City of Wylie have concluded that said area should be annexed and made a part of the City of Wylie, Texas; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That the following described territory be, and the same is hereby, annexed to the City of Wylie, Texas, and the boundary limits of the City of Wylie be, and the same are hereby, extended to include the following described territory within the City limits, and the same hereafter shall be included within the territorial limits of said City, and the inhabitants thereof hereafter shall be entitled to all rights and privileges of other citizens of the City and shall be bound by all the acts, ordinances and regulations of said City. That the territory annexed hereby 2973 852 is more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That it is not the intention of the City of Wylie to annex any territory not legally subject to being annexed by said City, and should any portion of the territory not be subject to legal annexation of the City of wylie, such fact will not prevent the City from annexing said territory which is described in Exhibit "A" and is subject to legal annexation, it being the intention of the City of Wylie to annex only such territory as may be legally annexed by it within the limits of such area. SECTION 3. That the approved Service Plan is attached hereto as Exhibit "B" and is approved as a part hereof. SECTION 4. This ordinance shall take effect immediately from and after its passage as the law in such cases provides. DULY PASSED by the City C~ncil of the City of Wylie, t ) , J.sl/ ~L ,IV It Lt, Texas, on the /jf- j day of , 1988. MAYOR ATTEST: APPROVED AS TO FORM: CITY ATTORNEY 2973 853 E 'I II r Dr, "11. / !R8AH~8IS~O DE ~A PI~A SURVEY, ABSTRACT 688, rRACTS 53, 54, :) , J -7, 63 AND 67 (9.1t1' Acres - ~athy HUlDlllel, 15.64.. Acres ~olan Eubanks, 1nd 14.321t - ArchIe !ubanks) All that certain lot, Francisco De ~a ~ina follows: tract or parcel of :and out (~f the SUr"ley, Abstract 588 descrIbed as FIRST TRACT: Situated in the County of Collin and State of Texas, a part of the FrancIsco de La ~ina Survey, ~atent No. 465, volume 4, about 2 miles North 65 degrees East from the Town of Wylie and descr1bed as follows: Being lot number seven (7) of the First Numbers and being the land set out to G. W. Housewrlght out of the E. A. Housewrtght, deceased Estate and being the Indentical tract conveyed by W. M. Groves and WIfe, S. B. Groves to Ernest Housewrlght by deed dated November 1, 1937 and recorded in Volume 316, page 284, Deed Records, Collin County, Texas, to which reference is here now made; and Beginning at the northwest corner of said tract 1n middle of public road; Thence East with fence 1582 feet to large post for corner; Thence South 1143 1/2 feet to stake for corner; Thence West 1588 feet to corner in fence line on west side of road (this last corner is 1146 feet South and 6 feet West from the beginning corner); Thence South 1/2 degree West with fence and West side of road 509 feet to corner of fence; Thence South 87 1/4 degrees West with fence 287 1/2 feet to corner of fence in branch; Thence up said branch as follows: North 9 deg. East 198 feet; North 15 1/2 degrees East 103 feet; North 1 degree West 210 feet; North 27 1/4 degrees East 442 feet; North 9 degrees East 85 feet; North 37 3/4 degrees East 46 1/2 feet to corner in middle of public road; Thence North with middle of said road 651 feet to the fplace of beginning, and containing 45.75 acrs of land, of which 41.60 acres are on the east side of road and 4.15 acres are on the west side of said road. Being the same and identical tract of land surveyed and measured by John S. Mason, State ~icensed Surveyor of Rockwall County, Texas on the 30th day of September 1938 and conveyed by Ernest Housewright and wife to H R Winn by deed dated July 7, 1944 and recorded in Volume 346, page 268, Deed Records, Collin County Texas. SECOND TRACT: Situated in Collin County, Texas, in the Francisco de la Pina Survey, Abstract No. 688 and beig out of the Southwest corner of 41.88 Acres described in a deed from Sallie Walters and husband, G. C. Walters to H R Winn, dated July 7, 1944 and recorded in Volume 346, page 261, Deed Records, Collin County, Texas: Beginning at the Southwest corner of said 41.88 Acres in center of asphalt highway and in middle of concrete culvert under said highway; 2973 854 ') --- hA/b/f f1- Thence in a Northeasterly direction with center of branch as follows: North 15 1/2 degrees East 192.06 Feet; North 7 3/4 degrees East l09.56 feet a stake at fence corner in branch; rh~nce ~orth 87 degrees East 287.76 feet to stake in ~est edge of dIrt road, at most ~esterly northwest corner of said 41.88 acres; Thence South 623.04 feet to st3ke In south line of said 41.88 Acres; Thence West 393.36 feet to the place of beginning, containing 4.60 acres of land; being described in volume 353, page 315 in the Deed of Records, Collin County, Texas. FRANCISCO DE ~A PINA SURVEY, ABSTRACT 93, AND 93-9 (Ladylike Shop (st~rage land) ) NO. 688, TRACTS 92, binds and barn and A part of the Francisco de 1a Pina Survey of land, Pat. No. 465, Volume 4, Abstract No. 688, and described by metes and bounds as follows: Beginning at a stake in a branch in the North line of a 700 acre tract sold out of same survey to John Serbourn; Thence up said branch with a meanders to a stake in said branch in the East line of an 8e acre tract sold to Wm. Housewright, from which Bois d' Acr 24 inches in diameter ~arked X bears South 5 1/2 degrees West 283 feet; Thence North with said line 1.32.98 feet a stake the Southeast corner of Bill Bennett's land; Thence West with said Bill Bennett's South line 1324.62 feet, a stake; Thence South 1/2 degrees East 1988 feet North to a stake In the North line of said 70e acres; Thence East to the place of beginning and containg 28.39 acres of land less land sold to the G.e. , S. F. Railroad, as recorded in Volume 646, page 631 , 632 of Deed of R~~ords, Collin County, Texas. '2973 855 ff h,'h/+ It tRANCISCO De ~A Pt~A SURV!Y, ABSTRACT MO. 688, TRACTS 77 AND 81 <6'.4. Acres - A. O. Boyd and t.235 Texas ~ow@r and ~Ight) 3e l:1g a pa r t 0 f Abstract ~o. 6a8 the F. , and Oe C.a Pina Survey of 3454 acres, Beglnnlng at a stake in branch the same being the S.W.C. of ~ot ~o. 8 set apart to ~arvln HousewrIght 1n the part1t1on of the estate of E. A. Housew~ight, deceased, in Cause No. 6517, G. W. Housewright VS ~ydia Housewright, et al, 1n the DistrIct Court of Collin County, Texas, as shown by Report of Commissioners of partition, recorded 1n Vol. S, page 175, etc. DistrIct Court M1nutes of Collin County, fexas; Thence in a Northwesterly direction w1ht the meanderings of said branch 1430 feet to a stake in the S. Boundary line of the rIght of 'flay of t~e G. C. & S. F. RR; T~ence In a Nort~easterly directlon ~lth the right of way of the G. C. & S.F. RR 2408 feet to a stake in the East Boundary line of Ifot 5, set apart in said partition hereInabove referred to Sylvester Housewright; Thence South with the East Boundary ~ine of said Lot No. 5 to where the same intersects Crumes Branch as stake; Thence in a Southwesterly direction with said branch to the S.E. corner of Lot No.5; Thence West ~ith the South lines of said Lots 15 and 6; 981 feet to the place of beginning containing 76.03 acres of land, consIsting of all of Lot 15 in said partition set apart to Sylvester Housewright, less 14.15 acres out of said Lot No.5 conveyed by Sylvester Housewright and wife to marvin Housewright on the 1st day at AprIL, 1913, and that portion of Lot No.6, conveyed by Marvin Housewright to Sylvester Housewright on the 1st day of April, 1913, by deed recorded in Vol. 179, page 332, Deed Records of Collin County, Texas, and the land herein conveyed being all of said Lots 5 and 6 lying South ot the GC & SF RR Right-ot- way, and being 76.03 acres of land described in a Deed of Trust from S. Housewright, et ux, to ~and BankCommissioner dated June 11, 1934, and recorded in Vol. 91, page 407 of the Trust Oeed Records ot Collin County, Texas, Less 2.17 acres of land acquired by the USA as Tract 8-161 in Judgement on Amendment to Declaration otTaking dated January 17, 1952, a certified copy of which is recorded In Vol. 444, page 356 of the Collin County Deed Records. And Less and subject to Right of Way Deed to 7.335 acres of land to the State of Texas from Sylvester Housewright to the State of Texas dated June 9, 1958, and recorded in Vol. 418, page 433 of the Collin County Deed Records; and being 66.525 acres of land more or less. SAVE AND EXCEPT 1. Acre - Hometown Furniture, 1.93 Acres _ Wylie Glass and 1.193 Acres Alpha Omega Floors leaves a net of 62.402 Acres. Ex /;Ib/I f1- 2973 856 -----..-- -. .... '\ :"~ ,.. , ,/ \ -- - ::~ - . -- ... ~_.., I Wo 1- - ~ ~ V I -- - . . ."- ..- -. + J'I" - -- .. . '-- -- ~... -. \ "- - . ~- - _-:. _x- ,in LaIC'll: - ':..~, --...... ... , ~ '2973 857 IXBIST liB" URXATIOI SllaYICI PtAI Within sixty (60) days after the etfective date of the annexation ot the area described herein, the City of Wylie will provide the following services to the extent they are applicable in such area, to wit: t. Police protection; 2. Fire protection; 3. Solid waste collection; 4. \taintenance of water and wastewater facilities which become the responsibility of the City of Wylie; 5. \taintenance of public roa<E and streets, including public road and street lighting; 6. Maintenance of public parks, playgrounds, and swimming pools for which the City of Wylie becomes responsible by law; 7. '1aintenance of any other publicly owned facility, building or serVIce for which the City, as a matter of law, becomes responsible by virtue of such annexation; and 8. On the effective date of the annexation, all areas annexed by this ordinance shall become subject to all the codes and ordinances of the City of Wylie, including the Comprehensive Zoning Ordinance, the Uniform Building Code, and all other Codes relative to eonstruction, electrical appurtenances, plumbing and mechanical appurtenances, nuisance ordinances, and so forth. Upon the effective date of the annexation, any residents of the property annexed by this ordinance shall be entitled to the use of all City facilities on an equal basis with any other resident of the City of Wylie. The City of Wylie provides potable water serVIce to many residents within the City limits. In certain areas, the residents of the City may be served by previously existing water supply corporations or other retail suppliers of water. The City of Wylie operates its own sewage treatment facility and is eurrently in the process of expanding it. The City is divided into several large lift station districts to provide for the transport of sewage to the treatment plant. The property covered by this aMexation . ~ '797" '- j 858 -ill be in one ot, the lift station districts. Whether or not wwer service is available to the property annexed by this ordinanee may be determined by the residents eontaetinc the Public Works Department ot the City. To ~nnect to either .ater at sewer service, when it is available, will require the payment ot fees and eosts assoeiated with the ;rovision of the service as well as impact fees and lift station fees as may be required by applicable ordinances at the time such service is requested. The City of Wylie does not eurrently have any plan to acquire or construct any capital improvements to provide such services in the area being annexed by this ordinance. Acquisition or construction of ~pital facilities may be accomplished by purchase, lease, or other contract or by the City succeeding to the powers, duties, assets, and obligations of a private supplier as authorized or required by law. If. as and when funds become available through the sale of bona; or otherwise to provide such services to areas of the City which are similar to the area of annexation in terms of topography, land use, and population density, the area being annexed by this ordinance shall be considered for the extension of such services on an equal basis with current areas of the City. Upon completion of the public hearings. this Service Plan shall be attached to the annexation ordinance and approved as a part of that ordinance unless revised or amended during the public hearing process. Upon approval of the annexation and this Service Plan, it becomes a contractual obligation that is not subject to amendment or repeal unless the City Council determines at a public hearing that changed conditions or subsequent occurrences make the Service Plan unworkable or obsolete. This Service Plan shall be valid for ten (10) years from the effective date of this annexation, and its renewal shall be at the discretion of the City Council at the end of such term. t- C:,::'; ::,,::'