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Home My WebLink AboutOrd 564-2011 Oncor SUP-Electrical Sub Station.pdfCITY OF ANNA, TEXAS ORDINANCE NO. 564-2011 Oncor Electric Delivery Company AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE CITY'S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORINANCE AND CHANGING THE ZONING OF CERTAIN PROPERTIES AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE mGHEST PENALTY AMOUNT ALLOWED BY LAW, wmCHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHERE AS, the City of Anna, Texas ("City") has previously adopted ordinances, rules and regulations governing the zoning in the city; and WHEREAS, the owner of the property has requested a zoning change on properties described in Exhibit A as I, 2, 3 attached hereto for said properties; and WHEREAS, said property is generally located south of CR 421 and east of the CR 418 is being zoned to SF-E zoning with a Specific Use Pennit, and WHEREAS, the Planning and Zoning Commission of the City of Anna and the City Council of the City of Anna have given the requisite notices by publication and otherwise and have held the public hearings as required by law and afforded a full and fair hearing to all property owners generally and to all persons interested in and situated in the affected area and in the vicinity thereof, the City Council of the City of Anna has concluded that the Zoning Ordinance of the City of Anna should be amended as follows: NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1. Recital Incorporated The above recitals are incorporated herein by reference for all purposes. Section 2. Zoning Change The Comprehensive Plan of the City and City of Anna Ordinance No. 116-2003 as amended and codified as Part III-C of The Anna City Code of Ordinances are hereby amended by changing the zoning of the tract described in Exhibit A, attached hereto and incorporated herein as if set forth in full, by granting a Specific Use Permit in an SF-E zoning for the tract described in Exhibit A as 1, 2, 3, attached hereto and made an integral part of this Ordinance. The Specific Use Permit shall include the following components. 1. The operation of an Electrical Substation as an allowable use of the Property. Ord. 564-2011 Oncor SUP-Electrical Sub Station Page 1 of2 10-25-11 Section 3. Official Zoning Map The official Zoning Map of the City shall be corrected to reflect the change in zoning described herein. Section 4. Savings, Repealing and Severability Clauses It is hereby declared to be the intention of the City Council that the words, sentences, paragraphs, subdivisions, clauses, phrases, and provisions of this ordinance are severable and, if any phrase, sentence, paragraph, subdivision, clause, or provision of this ordinance shall be declared unconstitutional or otherwise invalid or inapplicable by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall not affect any of the remaining words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional, invalid or inapplicable words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Further, all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are consistent and do not conflict with the terms and provisions of this ordinance are hereby ratified to the extent of such consistency and lack of conflict, and all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are inconsistent or in conflict with the terms and provisions contained in this ordinance are hereby repealed only to the extent of any such conflict. Section 5. Penalty Any violation of any of the terms of this ordinance, whether denominated in this ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall be fmed in an amount not to exceed $2,000 for each incidence of violation. Each day a violation exists is considered a separate offense and will be punished separately. Section 6. Publication of the caption and Effective Date This ordinance shall be effective upon its passage by the City Council, approval by the Mayor, and posting and/or publication, if required by law, of its caption. The city Secretary is hereby authorized and directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas, this 25th day of October, 2011. ATTESTED: 10-25-11 Oaeor Eleetrie Delivery :l:dlibit A TnetOae Being 10.36 acres ofland in the David B.W. Babb Survey, Ab~t No. 33, situated in the extra-territorial jurisdiction ofthe City ofAnna, Collin County. Texas, and being a portion of all ofthat ca1led 10.376 acre tract ofland described in.Warranty Deed to Texas Power & Light Company (hereinafter referred·to as "TP&L tract") as recorded in Volume 1365, Page 810, of the Deed RecordS of Collin County, Texas, and being more particularly described by metes and bounds, as follows: BEGINNING at a 112-inch found iron rod for the northernmost comer of that called 10.376 acre tract ofland described in Warranty Deed to Texas Power & Light Company (hereinafterrefeaed to as"TP&L tract") as recorded in Volume 1365, Page 810, ofthe Deed Records ofCollin County, Texas. said point being on the west line ofLot 1 of Creekside Acres Phase 1, as recorded in Cabinet M, Page 314, of the Map Records of Collin County, Texas (M.RC.C.T.), and being' a comer ofthe city limit line ofthe City of ..A...nna, Collin County, Texas, as described in City ofA1'!!la Anney.ation Ordina..'lce No. 255-2006; THENCE South 00 degrees 01 minute 27 seconds East, along the conunon line between said TP&L tract and said Creekside Acres Phase I, at a distance of 187.09 feet pass the southwest comer ofsaid Lot 1 and the northernmost northwest comer ofthe Creekside Acres Phase II, as recorded in Cabinet N, Page 667, M.RC.C.T., and continuing along the common line between said TP&L tract and the west line ofsaid Creekside Acres Phase IT. in all a total distance of 860.49 feet to a point for the southeast comer of said TP&L tract and a re-entrant ell comer of said Creekside Acres Phase II; THENCE South 89 degrees 33 minutes 51 seconds West, continuing along said common line, at a distance of 640.29 pass the westernmost northwest comer of said Creekside Acres Phase II and the northeast comer of that tract of land described in deed to Billy M. Clay, as recorded in Docwnent No. 97-148140, ofthe Official Public Records ofCo1lin County, Texas, and continue along the common line between said TP&L and the north line ofsaid Clay tract, in all a total distance of 1,048.85 feet to a 112-inch found iron rod for comer, and being a comer ofsaid city limit line; THENCE North 50 degrees 23 minutes 01 second ~departing said common line•. and along the northwest line of said TP&L tract and said city limit line, a distance of 1,361.99 feet to the POINT OF BEGINNING AND CONTAINING 451,247 square feet or 10.36 acres ofland. more or less. Basis o{bearings is the Texas Coordinate System (NAD83). Texas North Central Zone (4202), 8nd found. monumentation along the southernmost west line ofsaid JNC Partners, LLC, as recorded in Docwnent No. 2004-0153643, O.P.RC.C.T., and being North 00 . degrees 01 minute 00 seconds West. Aplat accompanies this legal description. Page 1 of2 j ~ -0-0::---=:-:0"--_ ~--------------------------.------------. -------------------~--.-. ;:; ~ ~ ~ I ~ ~ ~ ~ I .ll !!< -" 112' FIR (C.MJ " " " " " ,," o 100 200 300 VICII\IITY MAP NTS " " " " " TXU Electric Co. Easement Right-of-Way Doc. No. 2001-0089616 O.P .R.C .C.T. " " " " " " " " " SCALE: 1"=200' i ~~: FIR D.R.C.C.T. M.R.C.C.T. O.P.R.C.C. T. ONE HALF INCH FOUND IRON ROD CONTROL MONUMENT DEED RECORDS COLLIN COUNTY TEXAS MAP RECORDS COLLIN COUNTY TEXAS OFFICIAL PUBLIC RECORD COLLIN COUNTY TEXAS Basis of bearings Is the Texas Coordinate System (NAD83), Texas North Central Zone (4202), and found monumentation along the southernmost west line of said JNC Partners. LLC. as recorded in DocumenT No •.2004-0153643,O.P.R.C.C.T.. and being North 00 degrees 01 minute 00 seconds West. A legal description accompanies this plaT. 400 2 o ~~ fTl 43 42 41 40 EXHIBIT"AH COUNTY ROAD 421 SUBSTATION ANNEXATION EXHIBIT OF 451,247 S.F. OR 10.36AC. FOR ONCOR ELECTRIC DELIVERY COMPANY SIT\lI\lED IN DAVID E.W. BABB SURVEY, ABSTRACT NO. 33 CITY OF ANNA ETJ, COLLIN COUNTY, TEXAS II: HALFF•••3801 PARiCWOOD BlVD. SUITE 5DO FRISCO. TEXAS 1SII34 (214) 818-0570 SCALE: 1--200' AVO'.Z1885 DATE:01/05(11 PAGE2OF2 II Oueor Eleetrie Delivery EIhibitA TraetTwo Being 21,117 square feet ofland in the David E.W. Babb Survey, Abstract No. 3~, situated in the City of Anna, Collin County, Texas, and being a" portion of the called 171.389 acres as described in Special Warranty Deed with Vendor's Lien to JNC Partners, LLC, as reconied in Docum~t No. 20()4..0 153643, of the Official Public Records ofCol1in County, Texas (O.P.RC.C.T.), and being more particularly described by metes and bounds as follows: BEGINNING at a 112-inch found iron rod for the northernmost comer of that called 10.376 acre tract ofland described in Warranty Deed to Texas Power & Light Company (hereinafter referred to as "TP&L"l:ract") as reconied in Volume 1365, Page 810, of the Deed Records of Collin County, Texas, said point being on the west line of Lot 1 of Creekside Acres Phase L as recorded in Cabinet M, Page 314, ofthe Map Recoids of Collin County, Texas, and being a comer of the city limit line of the City of Anna, Collin Comty, Texas, as described in City ofAnna Annexation Ordinance No. 255-2006; and being more particularly described by metes and bounds as follows: TIIBNCE South 50 degrees 23 minutes 01 second West, departing said west line and along the northeast line of said TP&L tract and said City of Anna city limit line, a distance of 129.41 feet to a 112-inch set iron rod with yellow plastic cap stamped ItHALFF ASSOC" for comer, THENCE North op degrees 12 minutes 51 seconds West, departing said northeast line and said city limit line, over and across said JNC tract, a distance of252.24 feet to a PK nail set for comer in the approximate centerline of County Road 421 (a prescriptive right- of-way); " THENCE North 89 degrees 46 minutes 47 seconds East, continuing across said JNC tract and along said approximate centerline, a distance of 100.00 feet to a PK Nail set for an interior ell comer of said JNC tract and the northwest comer of that 45-foot right-of-way dedicated by said Creeksjde Acres Phase L said PK nail also being an interior ell comer of said city limit line, from which a 1I2-inch found iron rod bears North 89 degrees 46 . minutes 47 seconds East, a distance of228.25 feet; " THENCE South 00 degrees 12 minutes 51 seconds East, along an eastern line of said JNC tract and said city limit line, at a distance of 45.00 feet pass the northwest comer of said Lot 1, and continue along the west line of said Lot 1, in all a distance of 170.10 feet . to the POINT OF BEGINNING AND CONTAININ"G 21,117 square feet or 0.4848 acres ofland, more or less. Basis·ofbearings is the Texas Coordinate System (NAD83), Texas North Central ZOne (4202), and found monumentation along the southernmost west line ofsaid JNC Partners, LLC, as recorded in Document No. 2004-0153643, O.P~R.C.C.T., and being North 00 degrees 01 minute 00 seconds West. . A plat accompanies this legal description. Page 1 of2 S89'46'47'W 228.25' N89°46'47"E NOoo12:51"W //,'112' /". ... "" 0)<0,//~,?r:o';/ 'IT',," <,,"" 0 o~ 'O,Q«:.<'~c.' 0'\' <;). -,..-,----,-4.:--___-=:--..:.. I ~-I ~di vo 1 ~8 0 til Bosis of(.beOf"'if'lQs ;s the Texas Coor"Cioate System (NA~83). ""exos Nort-h CentrotZone (4202). and round montJmentatlon o 250 along the soutnernmost 'Hest line of said JNC Partners, ac os recorded in DocumenT No. 2004·0153643. O.P.R.C.C. T•• ond~ beinQ North 00 degrees 01 mJnute 00 seconds West. A iegolOescription accompanies this plOT. N89'34'02'E 1580.15' N89'30'50'E 500 SCALE: 1"=500' _lJ) 0 gn ,.-~------,----, 11d'---~", VI-..!::!!.~w.::::.~ ----e--.: -'5bU:l<J'-=---<P ~ IN' , LEGEND '~:r; FIR FOUND iRON ROD (SIZE NOTED) til SIR SET IRON ROD WI YELLOW PLASTIC fCAP STAMPED 'HALFF ASSOC.' 1 D.R.C.C.T. DEED RECORDS OF 1 COLLIN COUNTY, TEXAS ~I M.R.C.C. T. MAP RECORDS OF IN COLL~ COUNTY, TEXAS , "1,nO.P.R.C.C.T. OFFICIAL PUBLIC RECORDS ~I OF COLLIN COUNTY. TEXAS <J:)' I ~ IN/ ,, II ~ InJNC Partners, LLC/ 'vDoc. No, 2004-0153643I 10D.P.R.C,C.T. I~ w, ,;D, , VICINITY MAP~I NTS10 01 City of Anno City Limit Line TXU Electric Co. Ordinance No. Easement Right-of-Way Z/ f 255-2006 Doc. No. 2001-0089616 / O,P.R.C.C.T. I, ,,1 I 100.00' ,I SOO'12'51"E I 170.10' , SET PK Y'2' FIR I 100' ONCOR ACCESS EASEMENT h-€:> 21,117 SoF.OR 0.485 AC. ! ~N89'5)47'E\ 00 i·. \4. 233.51/' '. 252.24 .....-1 ~f.!.:'<J TXU Elec.tnc Co. ..q-Gtw'·:,· Easement Right-of-Way ~'~::' / Doc. No. 2001-0089616 ....~I~ . O.P.R.C.C. T. X,,"~ 010'.:.'·'. 01-,~Jomes Houston & ....".~,,"" O zb'.'·"4>atricio Wortman ,,/.(.» 42 Creekside Acres Phose II~ 1:-' • Doc. No. 94-002.9986 ,,/ "ci~";" 0+0'\':"~~' <:..:-. Final Plot "'-.... I' O.P.R.C.C.T. / c.,~" '\ <':l«-.}.o' 41 Cob. N. Pg. 6671"""'.>-' I ., """ M.R.C.C.T.8~::,: -L S89'33'511L~_£ 7~~ I /IZ"'1z' FIR ---1073".56' ;'~0~ D ~"FIR :::J I Billy M. Cloy ,,~o <:..0'0;>° .... EXHIBIT "A" " o I Doc.No.97-148149"~'2>:.<'''' «~~> Tract 131 100'ONCORACCESSU =4.P.R.C.C·:;"'\0+(.~~c... L Block 3 EASEMENT1= ,I "--"'\' <v-. 21.117 S.F. OR 0.485 AC.--....,11-"~R Owen~--5ffiJATEOIIII S.G. II--~,/ --.J /Properties, LTD. 1'creek ,de Acres __ DAVID EW. BABB SURVEY Johndroe 1II~-7 --/" Doc. No. ~hase II ABSTRACT NO. 33$" / r Doc. No. , 2DOB051500059197<y F,nolPlot 2001-:003.1064' "/,~."" O.P.R.C.~.J__ Cab. N, Pg. 66 CITY OF ANNA. O.?R.C,.C. T.. L__ c ;· ..;"','.-.~.i'~--. ___ ... I___M.R.C.C._T_.I, COLLIN COUNTY. TEXAS . • ~ DATE: APRIL 2011 AVO: 27865 ~. :'Texos Power & . L COLLIN COUNTY .fI. . . ;~; tight Co" Doc. No. 20081205001392370 .. HI A.'·.L·F~_._!! .. -. Vol. 1396. Pg, 898' .. O.P .R.C.C.T. _ I""t r. ~;,. D~R.C.C.T. ..-=---'----------_--l§~~;!QJ!J!!..m.l!Y!!!~~;Q..JJ;~~ill!l~rr.qJ Oaeor Eledrie De6very ExlaibitA TraetTkree Being 21,715 square fe)et ofland in the David E.W. Babb Survey, AbstraGt No. 33, situated in the City of Anna, Collin County, Texas, and being a portion of that called 171.389 acres as described in Special Warranty Deed with Vendor's Lien to INC Partners, LLC, as recorded in Document No. 2004-0153643, ofthe Official Public Records of Collin County, Texas (O.P .R.C. C. T .), and being more particularly described by metes and bounds as follows: COMMENCING at a 112-inch found, iron rod for the northernmost comer of that called 10.376 acre tract ofland described in Warranty Deed to Texas Power & Light Company (hereinafter-referred to as "TP&L tract") as recorded in Volume 1365, Page 810, of the Deed Records ofCollin County, Texas, said point being on the west line of Lot 1 of . Creekside Acres Phase I, as recorded in Cabinet M, Page 314, ofthe Map Records of Collin County, Texas, and being a comer of the city limit line of the City of Anna, Collin County, Texas, as descnoed in City of Anna Ordinance No. 255-2006, and being more partieularly described by metes and bounds as follows: THENCE South 50 degrees 23 minutes 01 second West, depa,rting said west line and along the common line between the northeast line of said TP&L tract and said City of Anna city limit line, a distance of 1,330.30 feet to POINT OF BEGlNNING of the herein described tract of land; THENCE South 50 degrees 23 minutes 01 second West, continuing along said common line, a distance of31.66 feet to a 1!2-inch iron rod found for the southwest comer of said TP&L tract, same being a southeasterly comer of said INC Partners, LLC tract, said comer being in the north line of a tract ofland described in deed to Billy M. Clay, as recorded in Document No. 97-148140, O.P.R.C.C.T.; THENCE South 89 degrees 33 minutes 51 seconds West, departing said common line. and along the common line between said INC Partners, LLC tract, and said Billy M. Clay tract,'passing at a distance of 1,065.35 feet the northwest comer ofsaid Billy M. Clay tract, and continuing in all a total distance of 1,073.56 feet to a 112-inch iron rod found for the southwest comer of said JNC Partners, LLC tract; THENCE North 00 degrees 01 minute 00 seconds West, along the west line ofsaidJNC Partners, LLC tract, a distance of20.00 feet to a point for comer, TIffiNCE'NO$ 89 degrees 33 minutes 51 seconds East, departing said west line, and " " over 8.lJ.d across said JNC Partners, LLC tract, a distance of 1 ,097.95 feet to the POINT OF BEGINN1NG AND CONTAINING 21,715 square feet or 0.4985 acres of land, more or less. . Page 1 of3 Basis ofbearings is the Texas Coordinate System (NAD83), Texas North Central Zone (4202), and found monumentation along the southernmost west line of said mc P~ers, LLC, as recorded in Document No. 2004-0153643, O.:p.R.C.C.T., and being North 00 -degrees 01 minute 00 seconds West ' A plat accompanies this legal description. ,/ Page2of3 . / Billy M. Clay ~ Doc. No. 97-148140 ,..; O.P.R.C.C.T. ~ , , ,,, ,,,, ,, ,, , " ,,,,, ,,,,, ,,, ", " ,,, ,,,,, ,,, o. " LO '\, ~ ,tt").. (TI (Xl IJ) 1/2' FIR S50'23'Ol"W 31.66' Creekside Acres 36 Phase II Final PlaT Cab. N, Pg. 667 M.R.C.C.T. 37 Lot 38 CUUNTY KUAlJ 41~ JNC Partners,LLC Doc. No. 2004-0153643 O.P.R.C.C.T. 20' WIDE ONCOR ELECTRIC EASEMENT 21.715 S.F. OR 0.4985 AC. V;C;t~; T Y tv1AP NTS UJ.-LO City of Anna City Limit Line Ordinance No. -2006 1/2' FIR D.R.C.C. T. M.R.C.C. T. O.P.R.C.C.T. ONE HALF INCH FOUND IRON ROD DEED RECORDS OF COLL~ COUNTY, TEXAS MAP RECORDS OF COLL~ COUNTY, TEXAS OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY. TEXAS ~ tt"). (TI (Xl z ,,,,, ", POINT OF BEGINNING n o ~ :;d , 0 , ----~~-l(; " ~rilZ' FIR', I~ ---Lot -l'''---'POOO~; Creekside Acres Phase I COMMENCING Cab. M, Pg. 314 M.R.C.C.T. PARENT TRACT INSET NTS EXHIBIT "A" 20' WIDE ONCOR ELECTRIC EASEMENT 21.715 S.F. OR 0.4985 AC. SITUATED IN DAVID E.W. BABB SURVEY ABSTRACT NO. 33 CITY OF ANNA. COLLIN COUNTY, TEXAS Bosls of beor-lnos is the Texas Coordinote System (NAOa31. Texas No,th Cent,al Zone (4202', end found monumentotion OlonQ the southe,nmost west line of said ..INC Pa,tne,s. LLC. as ,eco,dad In Oocument No. 2004-0153643. O.P .R.C.C. T_. and t>elnQ NQ,th 00 deQr"ees 01 minute 00 seconds West. DATE: APRIL 2011 AVO: 27865 ••• W·AIL·FF*... '. ; • •• J i .. (I A. ieOOld&scr!ption accompanies rhis plot. 31101 PARKWOOl) BLVO.. sum; 500 FRISCO. TI!XI\S 7S034 (2'1.) 618-4Sl'O