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Ordinance 2023-50 ORDINANCE NO. 2023-50 AN ORDINANCE OF THE CITY OF WYLIE,TEXAS,ABANDONING RIGHT-OF- WAYS BEING A 0.118 ACRE OF THE UNIMPROVED 5TH STREET WITHIN THE F. DE LA PINA SURVEY, ABSTRACT NO. 688, TRACT 202 AND 0.044 ACRES OF AN UNIMPROVED ALLEY WITHIN THE RAILROAD ADDITION, BLOCK 2, AND TO WAIVE THE REQUIREMENT FOR AN APPRAISAL FOR SAID RIGHT-OF-WAYS.;AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein as Exhibits "A" and "B", said right-of-way being approximately 0.162 acres; and WHEREAS, the Wylie Economic Development Corporation, principal owner of the properties adjacent to said right-of-ways has requested that the right-of-way be abandoned and offered for sale according to State law(LGC Sec 253.009) and the City of Wylie Subdivision Regulations(Section 2.12); and WHEREAS,the City of Wylie has determined that said right-of-way is no longer needed for public access purposes,provided that existing utilities located within said right-of-way are converted to easements through replatting or other legal instruments by the new owners acquiring said right-of-way; and WHEREAS, the City of Wylie finds that it is in the public interest to waive the expense of an appraisal and convey the properties for a fair amount to further economic development; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: SECTION l: That the described right-of-ways as shown in Exhibits"A" and"B"attached are no longer necessary for public access purposes, provided that existing utilities shall be located within easements, and that said portion of right-of-way should be abandoned in favor of adjacent property owner(s). SECTION 2: That this abandonment shall extend only to the public right-of-way,title and interest which the City of Wylie,Texas may have in and to said right-of-way,and shall be construed to extend only to such interest that the governing body of the City of Wylie may legally and lawfully abandon. SECTION 3: That the City of Wylie,Collin County, for and in consideration of$7,079.00 dollars, have granted, sold, and conveyed, and by these presents do grant, sell, and convey unto the said Wylie Economic Development Corporation, of the City of Wylie, in the state of Texas, all that certain properties as described in Exhibits"A"and"B". To have and to hold the above described premises,together with all and singular the rights and appurtenances thereto in any wise belonging, unto the said Wylie Economic Development Corporation or assigns forever. And do hereby bind The City of Wylie, executors, and administrators to warrant and forever defend all and singular the said premises unto the said Wylie Economic Development Corporation,and assigns, against every person whomsoever, lawfully claiming or to claim the same, or any part thereof. SECTION 4: That this ordinance shall be in full force and effect from and after its adoption by the City Council, as the law in such cases provides. Ordinance No.2023-50 Cooper Plaza Right-of-Way Abandonment Page 1 of 2 DULY PASSED AND APPROVED by the City Council of the City of Wylie,Texas, on this the 24th day of October,2023. Matthew Porter, Mayor ATTEST: Stephanie Storm,City Secretary DATE OF 13UBLIOTION.-November 1 2023,in the Wylie News Ordinance No.2023-50 Cooper Plaza Right-of-Way Abandonment Page 2 of 2 North Texas Municipal Water District Exhibit 'A' I North Texas Municipot Water District (called 12149 acres) N 5th Street Abandonment I (called 21.22 acres) Volume 1097, Page 587,, DRCCT 5,149 Sq. Ft. /0.118 Acres I Volume 600, Page 264-265, DRCCT Brown Street (V/orioble Width Right-of-Woy) S89"42'02"E 114.12' S89.42'02"E — - - - - VNe 34.41' S83_00'2=79.78' POINT OF- BEG/NN/NGtreet oved / `��1 / Width / E �k —Way /�Q �L Lots 1, Blocks 2 q. Ftl 06 / /.y�P�r 1 / Railroad Addition cres) ��h /Vol 77 Pg. 495, DRCCT .S1 Tractgh�'(CC,K20181206001487890) � Q�eO�'� GOCQ � I lob Monument Fnd. tn (CG O�\O( OHO O� me ND / Oe�eGo��e��,� bye / / / F egend Record Collin County Texas NSth StreetAhandonment od Found d Iron Rod Found 5,14RSq.Ft.10.11SAcres lling Monument OF Franciso De La Pina Survey,Abstract No. 6SS ••• s'r''•• City of Wylie, Collin County, Teas Notes: 1) Survey performed without Q` .• a title commitment. There may be October 02,202.3 ...............................:... easements, or other matters, not F.E. B EMEND ERFER JR. SHEET 1 OF 2 RAC 202304 AC915058.OWG shown. 2) Source bearing based on ••••••••••••••••••••••••••••••••••• Grid North, Texas State Plane •:� 40`51 r' Roome Coordinates System NAD83, Texas OF O?' North Central Zone 4202, as derived • .S s�..•�OQ` by survey grade Global Positioning •SUR� Land Surveying 2000 Avenue G,Suite 810 System. Piano,Texas 75074 Phone(972)423-4372/Fax(972)423-7523 www.roomesurve in .com/Firm No.10013100 Exhibit 'A' N 5th Street Abandonment 5,149 Sq. Ft. / 0.118 Acres SITUATED in the State of Texas, County of Collin and City of Wylie, being part of the Francisco De La Pina Survey, Abstract No. 688, being a variable width right—of—way of an unimproved roadway (N 5th Street) running from the south right—of—way line of Brown Street in a southerly direction to the northwest property line of a Wylie Economic Development Corporation tract as recorded under County Clerk No. 201 91 1 22001 493350 of the Deed Records, Collin County, Texas, and lying east of the east line of Lot 1 , Block 2 of the Railroad Addition as recorded in Volume 77, Page 495 of the Deed Records, Collin County, Texas; BEGINNING at a point in the south right—of—way line of Brown Street, marking the northeast corner of said Lot 1 , and the northwest corner of the herein described premises; THENCE with the south right—of—way of Brown Street, South 89°42'02" East, 114.12 feet to the northwest corner of said Wylie Economic Development Corporation tract, and marking the northeast corner of said premises; THENCE with the northwest line of said Wylie Economic Development Corporation tract, South 51`49'52" West, 145.06 feet to a point marking the southeast corner of said Lot 1 , and the southwest corner of said premises; THENCE with the east line of Lot 1 , North 00°02'52" West, 90.24 feet to the Place of Beginning and containing 5,149 square feet or 0.118 acres of land. NSth StreetAb$ndonment 5,149 Sq.Ft.10.11SAcres OF . Franciso De La Pins Survey,Abstract No. w City of Wylie, Collin County, Texas October 02,2023 ................................... F.E. BEMENDERFER JR. SHEET 2 of 2 PAC 2023Q4 AC915058.DWC ...0 4051 �r AN Roome �q.VofS'uR���lo� Land Surveying -';+r 2000 Avenue G,Suite 810 Plano,Texas 75074 Phone(972)423-4372/Fax(972)423-7523 www.roomesurvoying.com/Finn No.10013100 Exhibit 'B' North Texas Yunklple Water District I 1 O'Alley Abandonment (called 48.595 acres North T,'XGS Municipal Water District save & except 4.00 acres) I 1,930 Sq. Ft. /0.044 Acres (called 12.149 acres) CCJ199 4 1 00500090 78 70, DRCCT Volume 1097, Page 587, DRCCT — - - — - - — - - — - - Brown Street (60' Right-of-Way) _L2_ POINT OF B—EG-1N—N1NG- - - - - - - - T It Lots 1, 81ocks 2 Railroad Addition 2 . . . . . CL Vol //- Pq 495, DRCCT E Z (Tract 1) 8 C3 0) (CCJ2018120600148789 M - LINE BEARING DISTANCE Ll S5 1'49'52"W 12.7 1' b OR L2 S89*42'02E 10.00' oo Y3 "A �p Q� o Lots 2&J, Blocks 2 / \ �� �oo��1 U / Railroad Additlon VO/. 77, Pg. 495, DRCCT IOR. (Tract 2) (CC f20181206007481890) cp Cj at X t , 4 Z 0�o Legend Deed Record Collin County DTexos 10'AfieyAbandommeSt (2) Railroad Addition Lot Number 1,R30Sq.FZ 10.044Acres cm Controlling Monument OF Franciso Be Ls Fins Survey,Abstract No. ASS Notes: 1) Survey performed without City of Wylie, Coifim County, Texas a title commitment. There may be October 02,21923 ................................... easements, or other matters, not F.E. BEMENDERFR JR. SHE-1- I OF 2 P.IAC1202JO41AC915058 DWG shown. 2) Source bearing based on ................................... Grid North, Texas State Plane 4051 Coordinates System NAD83, Texas • Roome North Central Zone 4202, as derived C s S suRvtiy Land Surveying Plano,Texas 75074 —IqPr"hone(972)423-4372/Fax(972)423-7523 www.roomesu by survey grade Global Positioning 2000 Avenue G,Suite 810 System. rveying.com/Firm No.10013LI00 Exhibit 'A' 10' Alley Abandonment 1 ,930 Sq. Ft. / 0.044 Acres SITUATED in the State of Texas, County of Collin and City of Wylie, being part of the Francisco De La Pina Survey, Abstract No. 688, being a 10' wide unimproved alley running from the south right—of—way line of Brown Street in a southerly direction to the northwest property line of a Wylie Economic Development Corporation tract as recorded under County Clerk No. 20191122001493350 of the Deed Records, Collin County, Texas, and lying east of the east line of Lots 3, 4 & 5, Block 2, and west of the west line of Lot 1 , Block 2 of the Railroad Addition as recorded in Volume 77, Page 495 of the Deed Records, Collin County, Texas; BEGINNING at a point in the south right—of—way line of Brown Street, marking the northwest corner of said Lot 1 , the northeast corner of said Alley, and the northeast corner of the herein described premises; THENCE with the common line of said Alley and Lot 1 , South 00°02'52" West, 189.09 feet to a point in the northwest line of said Wylie Economic Development Corporation tract, marking the southwest corner of Lot 1 , the southeast of said Alley and said premises; THENCE with the northwest line of said Wylie Economic Development Corporation tract and the southeast line of said Alley, South 51°49'52" West, 12.71 feet to a point marking the northeast corner of said Lot 2, the southeast corner of Lot 3, the southwest corner of said Alley and said premises; THENCE with the common line between said Alley and Lots 3, 4 and 5 of said Railroad Addition, North 00°02'52" West, 196.99 feet to a point in the south right—of—way of Brown Street, marking the northeast corner of Lot 5, the northwest corner of said Alley and said premises; THENCE with the south right—of—way of Brown Street and the north line of said Alley, South 89°42'02" East, 10.00 feet to the Place of Beginning and containing 1 ,930 square feet or 0.044 acres of land. 10'AlleyAbaadooment 1,930 Sq.Ft./9.044Acres �E\OF,. Fran ciso De La Pina Survey,Abstract No. 6-SS City of Wylie, Collin County, Texas October 02,2023 F.E. BEMENDERFER JR. SHEET 2 of 2 P.I AC 20=4 AC915058.DWC .............. ...... . 4051 P� Roome .of o� `-1 I.J.R��y�� Land Surveying 2000 Avenue G,Suite 810 Plano,Texas 75074 Phone(972)423-4372/Fax(972)423-7523 www.roomesurveying.com/Firm No.10013100 Y S �,✓�� STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned authority, on this day personally appeared Chad Engbrock, publisher of C & S Media, dba The Wylie News, a newspaper regularly published in Collin County, Texas and having general circulation in Collin County, Texas, and being in compliance with Section 2051.044, Texas Government Code (a); (1), (2), (3) and (4). who being by me duly sworn, deposed and says that the foregoing attached: City of Wylie Legal Notice—Ordinance No. 2023-50 was published in said newspaper on the following date(s), to-wit: November 1, 2023 Chad Engbrock, Publisher Subscribed and sworn before me on this, the 2nd day of November, 2023, to certify which witness my hand and seal of office. C"� SONIA A DUGGAN"Otar ID 1266,E�a3 Al tary Public in and or P� My Commission Expires August 12, 2024 he State of Texas My commission expires 08/12/2024. 'i _ CITY OF W YLZE� Ordinance No.2023-50 An ordinance of the City of Wylie, Texas, abandoning right-of- ways 'being a 0.118 acre of the unimproved 5th street ,within the F.-De La Pine Survey, Abstract No.O*Tract 202 and *,'aecm of_an unimproved al- ley within,the Railroad Addition,block 2, and to waive the require- ment for an appraisal for said right-of-ways; providing for an effec- tive date. 27•h-It Collin County Honorable Stacey Kemp Collin County Clerk 'VG-69-2023-2023000130641' Instrument Number: 2023000130641 Real Property ORDINANCE Recorded On: November 13, 2023 03:57 PM Number of Pages: 8 " Examined and Charged as Follows: " Total Recording: $50.00 ***********THIS PAGE IS PART OF THE INSTRUMENT*********** Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. File Information: Record and Return To: Document Number: 2023000130641 CITY OF WYLIE Receipt Number: 20231108000265 Attn: Stephanie Storm Recorded Date/Time: November 13, 2023 03:57 PM 300 COUNTRY CLUB BLDG#100 User: Amanda J WYLIE TX 75098 Station: Station 6 STATE OF TEXAS 1 Collin County I hereby certify that this Instrument was filed in the File Number sequence on the date/time printed hereon,and was duly recorded in the Official Public Records of Collin County,Texas Honorable Stacey Kemp Collin County Clerk Collin County, TX