Ordinance 2015-01 ORDINANCE NO.2015-01
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS,
ABANDONING 8,606 SQUARE FEET OF PUBLIC RIGHT-
OF-WAY LOCATED NORTH OF OAK STREET AND
SOUTH OF S.H. 78, WITHIN THE RAILROAD ADDITION;
AND PROVIDING FOR AN EFFECTIVE DATE.
�-
WHEREAS,the property described herein is platted as public right-of-way bounding the a
northwest corner of Oak Street and Lot 2, Block A of the Dollar General Addition, said right-of- S,
way being 70 feet wide and containing 8,606 square feet; and w
N
m
WHEREAS, the Nayeb Family LP, principal owner of the property adjacent to said 3
right-of-way has requested that the right-of-way be abandoned and offered for sale according to
State law and Section 2.12 of the City of Wylie Subdivision Regulations; and
w
C-0.
WHEREAS,the City of Wylie has determined that said right-of-way is no longer needed
for public access purposes, provided that any 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;
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1: That the above described right-of-way and as shown in Exhibits "A" &
"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 owners.
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 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.
DULY PASSED AND APPROVED by the City Council of the City of Wylie,
Texas,this 13th day of January, 2015.
oMay4r
AT 3T:
Carole Ehrlich, ity Secretary
Ordinance 2015-01 GULF,C060Rg00
�AptA FE Rg1LWgY
Abandoning that northern portion of Right=of--Way of e4887-
242',9 OF 78 5
EXHIBIT"A"
TBIRD STREET ABANDONMENT
FIELD NOTES
BEING a 0.1976 acre tract of land situated in the Francisco de la Pina Survey,Abstract No. 688,
City of Wylie,Collin County,Texas and being part of Third Street,a 70 ft.right-of-way, as
shown on the Railroad Addition,an addition to the City of Wylie,as recorded in Volume 77,
Page 494,Deed Records, Collin County,Texas,said 0.1976 acre tract being more particularly
described by metes and bounds as follows:
BEGINNING at a 1/2-inch iron rod found for the northwest corner of Lot 2,Block A,Dollar
General Addition,an addition to the City of Wylie, as recorded in Cabinet K,Page 900,Plat
Records, Collin County, Texas, said corner being in the southeast right-of-way line of State
Highway 78, a 110 ft.right-of--way at this point;
THENCE South,with the east right-of-way line of said Third Street and the west boundary line of
said Lot 2,.a distance of 150.98 feet to a 1/2-inch iron rod found for the southwest comer of said
Lot 2,said corner being the intersection east right-of-way line of said Third Street and the north
right-of-way line of Oak Street,it 70 ft.right-of-way;
THENCE West,with the north right-of-way line of said Oak Street, a distance of 70.00 feet to the
southeast corner of Lot 37,Block 16 of said Railroad Addition,said corner being the intersection
north right-of-way line of said Oak Street and the west right-of-way line of said Third Street;
THENCE North,with the west right-of-way line of said Third Street and the east boundary line of
said Lot 37,a distance of 94.91 feet to a point for corner in the southeast boundary line of said
State Highway 78;
THENCE North 51 degrees 18 minutes 17 seconds East,with the southeast right-of=way line of
said State Highway 78,a distance of 89.69 feet to the POINT OF BEGINNING AND
CONTAINING 8,606 square feet or 0.1976 acre of land.
ZAPROJECTSWamed ProjectslR'ylie-Dollar General Additionldocs\FieId NoteslLD Third Street.doc
/ POINT OF
/ BEGINNING /
/ ! 1/2' I.R.F.
q pI
00 f LOT 1
LOT 2, BLOCK A I BLOCK A
LO DOLLAR GENERAL ADDITION
CAB. K, PG. 900 1
rn P.R.C.C.T. 1
/ THIRD STREET
8,606 SQ, FT,
/LOT 37, BLOCK 16 0.1976 AC. 10
RAILROAD ADDITION w
VOL. 77, PG. 494 0
1/2' I.R.F.
WEST 70.00'•
OAK STREET
(70' R.O.W.)
— F- — —
LU
T 1, BLOCK 21 W
LOT 15, BLOCK 22
RAIL ROAD ADDITION I o RAILROAD ADDITION I ¢ I LOT 1
VOL. 77, PG. 494 U) 3� VOL. 77, PG. 494
N I D.R.C.C:T. � � v I D.R.C.C.T. J N
EXHIBIT "B"
EXFIIBIT
STREET ABANDONMENT
60 30 0 60 FRANCISCO DE LA PIMA SURVEY, A-688
CITY OF WYLIE
SCALE IN FEET COLLIN COUNTY, TEXAS
1 Is = 60'
ENGINEERING CONCEPTS & DESIGN, L.P.
ENGINEERING /PROJECT M"AGEMENP/CONSTRUCTION SERVICES
Basis of bearing being North for the west boundary line of 2801 CAPITAL STREET, WYLIE, TEXAS 76098
plat recorded in Cabinet K, Page 900, P.R.C.C.T. PHONE: (972) 941-8400 (972) 941-8401 FAX
DATE: OCTOBER 21, 2009 Named Projects\ Wylie — Dollar General Addition\Abandonment E::hbitdwg
EXHIBIT "B"
APPLICATION FOR
THE ABANDONMENT OF A
PUBLIC RIGHT-OF-WAY/EASEMENT
TO THE MAYOR AND CITY COUNCIL OF THE CITY OF WYLIE:
The undersigned hereby makes application for the abandonment of that portion of the
above right-of-way particularly described in Exhibit No. 1, attached. In support of this
application, the undersigned represents and warrants the following:
1. Attached, marked Exhibit No. 1, is a metes and bounds description (dividing the area
in half) of the area sought to be abandoned.
2. Attached, marked Exhibit No. 2, is a copy of a plat or detailed sketch of that portion
of the public right-of-wayleasement sought to be abandoned, and the surrounding
area to the nearest streets in all directions, showing the abutting lots and block, and
the subdivision in which the above described right-of-way/easement is situated,
together with the record owners of such lots.
3. Attached, marked Exhibit No. 3, is the written consent of all public utilities to the
abandonment.
4. Attached, marked Exhibit No. 4, is the consent of the City of Wylie staff to the
abandonment.
5. Attached, marked Exhibit No. 5, is the written consent of all the abutting property
owners, except the following: (if none, so state)
6. Such public right-of-way/easement should be abandoned because:
-Fn e<rXD W and tPnQADve <fKt<- h;bn cl
DM Ixl-I� cct �z� 1
7. Such public right-of-way/easement has been and is being used as follows:
P"o v%c s c� Lk-trt no aCce SS 'tom
Procedure for Abandonment of a Public ROW Page 5
488299.v I
B. Attached, marked"Exhibit No. 6, is the certified appraisal of the value of the,land to
be abandoned.
9. Attached, marked Exhibit No. 7, is a Release of Claims executed by each abutting
property owner.
I swear that all of the information contained in this application is true and'correct to the
best of my knowledge and belief.
Applicant's Signature:-
Applicants
ignature:Applicant's Name: It QWa<j
Applicant's Address: _ga (Ylc1�
�11�s rt qSz-2�.(q
Applicant's Phone Number:
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF ol&V §
S bscribed and sworn to before me, a Notary Public, this (av-A)day of
200 , by EA 10A D
1
Notary Publ` in and for the State of Texas
GAYLE WALTON
My Commisslon Expires
July 16,2013
Procedure for Abandonment of a Public ROW Page 6
488299.v l
09/17/2009 14:37 SHOPNG0#7 (Fnr)2145217606 P. 001/001
NAYEE FAMILY LP
401 Hwy 78,Wylie,TX 75098
September 17,2009
To: City of Wylie
Planning Dept
We are requesting the abandonment of the street Srd adjacent to
our property, due to the fact that such street has been closed and there is no public access
anymore.
Regards,
Fawad Nayeb
Phone 214 543 8687
Fax 214 521 7606
Email fawadnayeb@sbcglobal.net
Application for Abandonment of
a Public Right-of-
Way/Easement
Located: -10 460-t ROW 01"-x( f-01 Sl�
EXHIBIT NO. 1
Attached is a copy of the metes and bounds description (dividing the area in half) of the
public right-of-way/easement situated in rQ t 1 %r cold
Addition/Subdivision to the City of Wylie, I if)6 County, Texas, sought to be
abandoned.
Procedure for Abandonment of a Public ROW Page 7
488299.0
Application for Abandonment of
a Public Right-of-
Way/Easement
Located: p�Abvl C "Q0 W I—r'
`l 1 rd 5u
EXHIBIT NO. 2
Attached is a copy of a plat or detailed sketch of the public right-of-way/easement
sought to be abandoned in the above-mentioned application, showing the surrounding
area to the nearest streets in all directions, abutting lots, the block or blocks in which the
portion of the public right-of-way/easement sought to be vacated is situated, and the
addition or subdivision in which the portion of the public right:of-way/easement sought
to be abandoned is situated. Also, the names of record owners of the abutting lots are
shown.
(if the property has not been platted, applicant has six months from date of City Council
approval to complete all steps required for purchase of the abandonment and filing a
plat or replat with County in accordance with the final plat requirements of the
Subdivision Ordinance.)
Procedure for Abandonment of a Public ROW Page 8
488299M
Application for Abandonment of
a Public Right-of-
Way/Easement
Located: R b 1 i C RoW -rll Id S
EXHIBIT NO. 3
The undersigned public utility companies, using or entitled to use, under the terms and
provisions of our respective franchises with the City of Wylie, that portion of the public
right-of-way/utility easement sought to be abandoned in the Application for
Abandonment above referred to, do hereby consent to the abandonment of the
described portion thereof.
Q I GAS COMPANY
BY: .
Title
N I A TELEPHONE COMPANY
BY:
Title
N I + ELECTRIC COMPANY
BY:
Title
Procedure for Abandonment of a Public ROW Page 9
488299.v1
ApplicationJQr Abandonme t of a Public Right-of-Way/Easement
Located:_ I-Aj- 11) 5--t .
EXHIBIT NO.4
The undersigned, City staff of the City of Wylie, certify that they have carefully
considered the Application for Abandonment of the public right-of-way/easement
referred to above pursuant to 'City ordinances and with respect to present and future
needs of the City of Wylie and-see no objection to the requested abandonment from the
City's standpoint.
City Engineer QBuillggg fficial
4AX4-X
f
Planning Director Fire Mammal C.
4�6-
birdctor of Public S rvices
Procedure for Abandonment of a Public ROW Page 10
488299.x1
Application for Abandonment of
a Public Right-of-
Way/Easement
Located: P(-Abu C rPoW
EXHIBIT NO. 5
The attached letters represents, owners of property abutting upon that portion of the
public right-of-way/easement named and described in the. Application for Abandonment
of a Public Rig ht-ofi Way/Easement referred to above, do ;hereby consent to such
abandonment.
Procedure for Abandonment of a Public ROW Page 11,
488299.v 1
` EXHMrr NO. 5
CITY 0 WYLII:
[DATE)
[Name&Address]
RE: Abandonment of Right-of-Way
Located at:
To Whom It May Concern:
An abutting property owner of'the above referenced public right-of-way has requested that the
City abandon said right-of-way/easement.The City Council will consider this request in the near
future.If abandoned,the half of the width of the right-of-way/easement will be offered for sale to
the owners of abutting properties at the appraised fair market value, in accordance with
Ordinance No.2007-XX, Section 2.12 of the Subdivision Regulations of the City of Wylie.
County records indicate that you are an owner of property abutting the subject portion of right-
of-way/easement. Please complete the questions below, and return this letter to the City of Wylie
Planning Department,2000 Hwy 78N, Wylie,Texas 75098 at your earliest convenience.
I do( ),I do not( ),agree to the abandonment of the subject right-of-way/easement.
If abandoned by the City, I am ( ), I am not ( ), interested in purchase of, at fair market value,
that portion of the right-of-way/easement abutting my property.
If you do not wish to purchase the offered land, it will be offered to the other abutting property
owners. All of the abandoned right-of-way must be purchased by the abutting property owner(s)
within six (6) months of City Council approval. Unless the entire area is sold, the right-of-
way/easement will not be abandoned.
Signature of property owner or authorized agent
Procedure for Abandonment of a Public ROW Page 12
488299.v I
EXHIBIT 6
CERTIFIED APPRAISAL OF THE VALUE OF THE LAND
Procedure for Abandonment of a Public ROW Page 13
488299.vl
�1
a
APPRAISAL REPORT
PREPARED FOR:
CLIENT Nayeb Family LP
LENDERICLIENT:
LENDER Nayeb Family LP
SUBJECT PROPERTY
ADDRESS 3rd St,Oak St,and SH-78 R.O.W.
Wylie,TX 75150
COUNT-,OF'-,; Collin
APPRAISAL AS OF:
DATE. - September 25,2009
PREPARED BY:
APPRAISER :: David L.Fuller,GAA.CCRA
1GOMPANY" Fuller Appraisals
File No.
Case No. 4388-DH
Borrower Nayeb Family LP
Property Address 3rd St.,Oak St.,and SH-78 R.O.W.
City Wylie County Collin State TX Zip Code 75098
Lender/Client Nayeb Family LP Address 4331 Maple Ave.Dallas,TX 75219
IN".1yeb Family LP
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File No.
CaseNo. 4388-DH
Borrower Naveb Family LP
Property Address 3rd St.,Oak St.,and SH-78 R.O.W.
City Wylie County Collin State TX Zip Code 75098 _
Lender/Client Naveb Family LP Address 4331 Maple Ave Dallas TX 75219
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ClickFORMS Appraisal Software 800-622-8727 Page 2 of 18
{� Fuller Appraisals
LAND APPRAISAL REPORT File No.
Case No. 4388-DH
ar Borrower Naveb Family LP Census Tract 181.22 Map Reference 103
Property Address 3rd St.,Oak SL,and SH-78 R.O.W.
City Wylie County Collin State TX Zip Code 75098
Legal Description 3rd St. Oak SL and SH-78 R.O.W
Sale Price S NIA Date of Sale Current Loan Term NIA yrs. Property Rights Appraised [E Fee LJ Leasehold De Minlmis PUD
Actual Real Estate Taxes SN/A (yr) Loan Charges tD be paid by sellerS NIA Other Sales Concessions N/A
frr,LendedOient Nayeb Family LP Address 4331 Maple Ave.Dallas TX 75219
Occupant Vacant Land Appraise David L Fuller,GAA,CORA Instructions to Appraiser Estimated market value
it
Location UrbanSuburban Rural Good Avg,Fair Poor
Built Up Over 759; X 25%to 7596 Under 259; Employment Stability X
;F
Growth Rate ❑:FullyDay. Rapid X Steady Slow Conveniencelo,:Emp"oymenl X
PropertyValues. Increasing X Stable Declining Convent encelo Shopping X
Demandisupply Shortage X In Balance Oversupply Convenience to Schools X
Marketing Time Under 3.Mos, X 3-6 Mos. Over Mos. Adequacy of Public Transportation X
Present Land Use 60 961 Family 3 9624 Family 2 %Apts 2 96 Condo 10 %Commercial Recreational Facilities X
3 ';Industrial-20 96 Vacant 46 Adequacy of Utilities X
Change In Present land Use X Not Likely —�Likely(-) Taking Place(') Property o1 Compatibility X
(')From To Protection from Detrimental Conditions X
d;Predominate Occupancy QX Owner Tenant 5 9;Vacant Police and Fre Protection X
R.'Single Family Price Range: S 70,000 (OS 200',000 PredominantVatueS 150,000 General Appearance of Properties X
Single Family Age 15' yrs to 70+yrs, Predominant Age 40 yrs Appeal to Market X
sY
Comments including those factors,favorable or unfavorable,affecting marketability(e.g.public parks,schools,view,noise):This area has good access to major
roadways and public facilities.
Dimensions 9,629 sf par city plat included-calculated = 9,629 SFt X I Comer Lal
Zoning Classification Commercial"Corridor District Resentlmprovements L2LJdoi do not conform to zoning regulations
;_.Highest and Crest use LJ Present use LXJ Other(specify)Hold for future development
Public Other(Describe) OFF SITE IMPROVEMENTS TopD Fairly level
Elec. FX-1 Steel AccessXX Public Q Private Size Average for the area
n:GasX Surface Asphalt Shape Irregular
Z Water X Maintenance X Public Private View Average
San,SevierX Storm Sewer X GurblGufter Drainage Adequate
Underground Elect&Tel. Sidewalk X Street U hts Is the property located in a HUD Identified Special Flood Hazard A'rea7[MNo LJYes
t!!! Comments(favorable or unfavorable including any apparent adverse`easements,encroachments or other adverse condlltonsy FEMA panel#48113CO230J,08/23101
(Q{j(111 the suh ect does not lie within a flood plain. However,only.a qualified survey can determine this factor.
The undersigned has recited three recent sales of properties most simgar and proximate to subject and has considered these in the market analysis.The description includes
a dollar adjustment reflecting market reaction to those items of significant varialion.behveen the subject and comparable properties.If a significant item m the comparable
property is superior to or more favorable than the sub)ecl property,a minus(-)adjustment is made thus reducing the'indicated value of subject;if a significant item in the
comparable is infedarto or less favorable than the su'ect Property.a Plus+adjustment Is made thus Increasing the indicated value ofthe sub ecl
SUBJECT PROPERTY COMPARABLE NO.1 COMPARABLE NO.2 COMPARABLE NO.3
Address 3rd SL,Oak SL,and SH-78 PLOW. 1 sl,2nd,&Marble SL R.O.W. Corner 1st&Jefferson 0.7 Acre Ballard&2nd at SH-78
W lie TX 7515o Wylie Wylie Wylie
Proximity to Sub ecI 0.5-1 mile Northeast 6-7 blocks Northwest 2-3 blocks West
Sales Price 5 NIA S 1.80 IS 6.67 IS 4.55
Price! S NIA S 90,000 ..IS 100,000 S 34T685
Data Source Taxt0wner1lns ect Verified by Grantee MLS#10742699 1 Verified bv Grantor
a Date of Sale and DESCRIPTION DESCRIPTION DESCRIPTION DESCRIPTION
` ThneAd ustment Current 05!08 04!07 06106
Location Average Equal Superior -2.67 Equal
SlfeNew 9,629 S Ft 62 221.10 Soft 14,988 scift 31,972 S ft
Zonin !Use CC-Commercial PD Commercial DTH-Commercial
Utilities Available Available Available Available
Shave/Use Irregular Equal Rectangular IEqual
fs:
UtifitvOfUse _ Conc.Paved/Su actor -0.54 Conc.PavedlSu edor =2.32 Superior -3.0
,oy;l Sales or Financing
Concessions
ti Net Ad. ota __ Plus X Minus S -0.54 Plus X Minus S -5.00 Plus X Minus 5 -3.02
'. Indicated Value Net=30% Net=75% Net=65°io
cifSublect Gross-30% S 1.28 Gross=750/. S 1.67 Gross=65% S 1.63
Comments an Market Data Each of the comparables were consideredao be similar to the su'bect In terms of location use and basic size and are In
the sub'ecfs marketing area.Equal weight was placed on all the com arables in order to determine a final estimate of value for the suh ect
F"r ro e
CDmmeots and Conditions or Appraisal: The subject is appraised"As Is".No'soecial conditions are noted with regard to this Property. The subject is
-{ considered to be vacant land.
Final Reconciliation: Onl a Sales Comparable approach was applied as the subject as it Is vacant land. The subject is a R.O.W.owned by the
City of W lie.We are estimating a value of S1.50/sq ft for the subject. Thus 51.50 x 9,629 scl ft =. $14,443.50 or 314 500.00 and.
I ESTIMATE THE MARKET VALUE,AS DEFINED,OF SUBJECT PROPERTY AS OF September 25.2009, to be S .1-744'500 00
Review icer(if applicable) f�rr�^-
Appraiser(�.. . .� -� tsy__ V`��.rFi/ �X Uld Did Not Physlcali :+ , . cz —
David L.Fuller GAA,CERA Inspect Property Duane Hogan-FIELD APPRAISER CRRA
Date Report Signed October 1,2009 Dam Re
r, port Signed September 25 2009
4`Slate Certification# 1320771-G Stale TX State Certification# TX-1336094-R State TX
i ,1Or Stale License 9 Stare Or State Ucense# Stale.
}'- !
Expiration Dale of License or Certification 05/31/11 Expiration Dale of License or Certification 04/30H0
ClickFORMS Appraisal Software,800-622-8727 Page 3 of 1B
Fuller Appraisals
COMMENT ADDENDUM
File No.
Case No. 4388-DH
Borrower Nayeb Family LP
Property Address 3rd St.,Oak St,and SH-78 R.O.W.
City Wylie County Collin Stale TX Zip Code
LendedClimt Nayeb Family LP Address 4331 Maple Ave.Dallas TX 75219
COMMENTS ON THE NEIGHBORHOOD:
The subject site lies at the intersection of 3rd and Oak and extends to SH-78. it is an R.O.W.which was originally part of 3rd
St.,but was barricaded off during the widening project of SH-78 a few years previously. This area is just a few blocks
Southeast of the"downtown"area of Wylie.The downtown area has multiple commercial properties,many of which are
"historic"type bldgs. Along the SH-78 corridor are generally fairly new commercial and retail properties.To the South.of the
subject are residential properties generally more than 60 years in age but less than 1 mile to the Southeast are some areas of
residential properties which are generally less than 15 years in age and valued from the mid$100,000's to the mid$200,000's.
COMMENTS ON THE SUBJECT:
The subject site is vacant land,being fairly rectangular on 3 sides but"slanted"at the SH-78 corridor. The subject is a R.O.W.
which was formerly a portion of 3rd St.but barricaded at Oak St'According to the plat map provided by the City of Wylie
Planning Dept.,the subject is approx.70'wide. There is an approx.35'wide street of asphalt on the site which does not
extend to SH-78.
COMMENTS ON THE COMPARABLES:
These are the most similar sales we found in the past 48 months. Sales 1 &3 are deemed similar in location to the subject,
while Sale 2 is deemed superior as it was an almost square site on a pure comer just off Ballard in downtown Wylie,and has
almost 250'frontage total on the 2 streets. Sales 1 &2 are deemed superior in utility of use as they had superior amounts of
concrete paving than the subject's asphalt paving. Sale 3 is also deemed superior in utility of use as its larger size allows for a
greater variety of development uses than does the subject.
ClickFORMS Appraisal Software 800-622-8727 Page 5 of 18
File No.
Case No. 4388-DH
Borrower Nayeb Family LP
Property Address 3rd St:;Oak St.,and SH-78 kO.W.
City Wylie County Collin State TX Zip Code 75048
Lender/Client Naveb Family LP Address 4331 Maple Ave Dallas TX 75219
L
r' �f
TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD
BE IT KA10H'N THAT
DAVM L FULLER
IIA f'ING PROI,IDED setTISFACTORYEI'IDEtYCE OF THE O_i1.9LIFICATIONS REQUIRED
BY TFIE TEX<ISAPPXAISER LICENSING.,iND CERTIFICATIONACT,
TE.YAS OCCUPATIONS CODE,CHAPTER 1103,
IS (ITHORIZED TO USE THE TITLE
STATE CERTIFIED
GENERAL REAL ESTATE APPRAISER
Number: TX-1320771-G
Date of Issue: April 3,2009
Bate of Expiration: May 31, 201
r s,a, �i ' •. lit Witness Thereof
y ?
�•f i Mr
52 fit.ut�'tl. 1``!.•+..�� /••"
o-' a• �-Clintnn P.Savers,Chairg 7
-�++�;.��' �.✓R +fir �
DeHay,Aging Commissioner
fit
Clinton P.Sayers,Chair James(Jamie)B.Ratliff;Vice Chair Mark A.McAnally,Secretary
Robert D.Davis,Jr. Luis r.De La Garza;Jr. Larry D.F okei �
Danny R.Perkins [lilt F.Schneider Donna L.Walz
ClickFORMS Appraisal Software 800-622-8727 Page 6 of 18
File No.
Case No. 4388-DH
Borrower Nayeb Family LP
Property Address 3rd St.,Oak St,and SH-78 R.O.W.
City Wylie County Collin State TX Zip Code 75098
Lender/Client Nayeb Family LP Address 4331 Maple Ave. Dallas TX 75219
TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD
BE IT KjVD H'Al TA.4 T
SAMUEL DUANE HOGAN
B•i 1'ING PRO67DED SATISFACTOR F EVIDENCE OF THE QUALIFICATIONS REOUIRED
By THE TEXASAPPRAISER LICEVSINGA1bD CEitTIFICATIONACT,
TFVAS OCCUPATIONS CODE,CHAPTEIt 1103,
IS AUTHORIZ D TO USE THE TITLE
STATE CERTIFIED
RESEDENTIAL REAL ESTATE APPRAISER
Number: TX-1336094-R
Date of Issue: April 28,2008
1 ,, Date of Expiration: April 30,2010
In T1,71ness Thereof'
+ � \ ; '' ;• �� Linton P.Savers,Chair
.
'Timothy IC Irvine,Commissioner
Clinton Y.Suyers,Chair James B.Ratliff,Vice-Chair ,N"Inrk A.McAnally,Secretary
Malcolm J.Denson William A.Faulk,Jr. Larry D.Kolcel
Dona S.Senrry Shirley J.Nord
ClickFORMS Appraisal Software 80M22-8727 Page 7 of 18
I
Il
Regional Map File No.
Case No. 4388-DH
Borrower NaVeb Famity LP
Property Address 3rd St.,Oak St,and SH-78 R.O.W.
City Wylie County Collin State TX Zip Code 75048
Lender/Client Nayeb Family LP Address 4331 Maple Ave Dallas TX 75219
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ClickFORMS Appraisal Software 800-622-8727 Page 8 of 18
Location&Sales Map File No.
Case No. 4388-DH
Borrower Naveb Family LP
Property Address:3rd St.,Oak St.,and SH-78 R.O.W.
City Wylie County Collin State TX Zip Code 75048
Lender/Client Naveb Family LP Address 4331 Maple Ave Dallas TX 75219
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CIIckFORMS Appraisal Software 800-622-8727 Page 9 of 18
Fuller Appraisals
FLOOD MAP ADDENDUM File No.
Case No: 4388-DH
8mmyer Nayeb Family LP
ProP"Address 3rd St.,Oak SL,acid SH-78 R.O.W.
City Wylie County Collin State TX 2Ip Cade 75048
Lended0lenl Nayeb Family LP Address 4331 Me pie Ave'Dallas'TX 75219
Prepared for:
InterFlood '' Fuller Appraisals
w%minterftood.com•1.800-252-6633 vTlip_TX 75058
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ClickFORMS Appraisal Software 800-822-8727 Page 10 of 18
J
Fuller Appraisals
SUBJECT PHOTO ADDENDUM File No.
Case No. 4388-DH
eamwer Naveb Family LP
Property Address 3rd SL,Oak SL.and SH-78 R.O.W.
City Wylie County Collin State TX Zip Cade 75150
LenderlUent Naveb Family LP Address 4331 Maple Ave Dallas TX 75219
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ClickFORMS Appraisal Software 80D-622-8727 Page 11 of 18
• Puller Appraisals
SUBJECT PHOTO ADDENDUM File No.
Case No. 4308-DH
Borrower Nayeb FamlIV.LP-
Pm0brWAddress 3rd St.,Oak St.,and SH-78 R.O.W.
City Wylie; County Collin State Tx- Z11)Code 75150
Lendedalent Nayeb Family LP, Address 42131 Maple AveADallas;TX 75219
n, SH-78-East
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ClickFORIVIS Appraisal SoRw--ard 800-622-8727 Page 12 of 18
Futter Appraisals
SUBJECT PHOTO ADDENDUM File No.
Case No. 4388-DH
Borrower Nayeb Family LP
PmpertyAddress 3rd SL,Oak SL,and SH-78 R.O.W.
City Wylie County Catlin Stale TX Zip Code 75098
LenderiClient Naveb Family LP Address 4331 Maple Ave Dallas TX 75219
Area
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CIIckFORMS Appraisal Software 8110-622-8727 Page 13 of 18
fn
Fuller Appraisals
COMPARABLES 1-23 File No.
Case No. 4388-DH
Borrower Naveb"Family LP
Property Address 3rd St..Oak SL,and SH-78:11.0.W.
City Wvlie County Collin State TX Zip Code
Lended0lent. Nayeb Family.LP Address 4331 Maple Ave:Dallas TX 75219
L T r COMPARABLE SALE-# 1
1 let,2nd,.&Marble St.R.O.W.
r a > r s F Wylie
[. �,� rr �� ( �,.J 1x s 1� e f� r t •
trP r
4��� �' �� '� f�.,r-moi t LZ�U�'�•
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COMPARABLE SALE# 2
_ � ���•�� . Comer isl&Jefferson
Wylie
'
r.. I 1gly.Q`,rt "ylr y'�� §«i �'glyuch Ni
rf l�X�{� '4wf'M1 � f .
y 7 _
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COMPARABLE SALE# 3
0.7 Acre Ballard&2nd-at SH-78
Wylie
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�.a.i:'tlha`t•ar.wllfa.'.�^� } Sf7�„�.�„'r���.•s.` "'r•'� nh
ClickFORMS Appraisal Software 800-622-8727 Page 14 of 18
r�
Fuller Appraisals
File No.
Case No. 4388-DH
This appraisal report is subject to the scope of work,intended use,intended user,definition of market value,statement of
assumptions and limiting conditions,and certifi ations.The appraiser may expand the scope of work to include any additional
research or analysis necessary based on the complexity of this appraisal assignment.
SCOPE OF WORK: The scope of work for this appraisal is defined by the complexity of this.appraisal assignment and the
reporting requirements of this appraisal,including the following definition of market value,statement of assumptions and limiting
conditions,and certifications.The appraiser must,at a minimum:(1)perform a complete visual inspection of the subject property,
(2)inspect the neighborhood,(3)inspect each of the comparable sales from at least the street,(4)research,verify,and analyze
data from reliable public and/or private sources,and(5)report his or her analysis,opinions,and conclusions in this appraisal report.
INTENDED USE: The intended use of this appraisal report is for the lender/client to evaluate the property that is the
subject of this appraisal for a mortgage finance transaction.
INTENDED USER:The intended user of this appraisal report is the lender/client.
DEFINITION OF MARKET VALUE:The most probable price which a property should bring in a competitive and open
market under all conditions requisite to a fair sale,the buyer and sellar,each acting prudently,knowledgeably andassuming
the price is not affected by undue stimulus.Implicit in this definition Is the consummation of a sale as of a specified date and
the passing of title from seller to buyer under conditions whereby:(1)buyer and seller are typically motivated;(2)both
parties are well Informed or well advised,and each acting in what he or she considers his or her own best interest;(3)a
reasonable time Is allowed for exposure in the open market:(4)payment is made in terms of cash in U.S.dollars or in terms
of financial arrangements comparable thereto;and(5)the price represents the normal consideration for the property sold
unaffected by special or creative financing or sales concessions'granted by anyone associated with the sale.
'Adjustments to the comparables must be made for special or creative financing or sales concessions.No adjustments are
necessary for those costs which are normally paid by sellers as a result of tradition or law in a market area;these costs are
readily identifiable since the seller pays these costs it virtually all sales transactions.Special or creative financing
adjustments can be made to the comparable property by comparisons to financing terms offered by a third party institutional
lender that is not already involved in the property or transaction.Any adjustment should not be calculated on a mechanical
dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should approximate the market's
reaction to the financing or concessions based on the appralsers judgment.
STATEMENT OF ASSUMPTIONS AND LIMITING CONDITIONS: The appraisers certification in this report is
subject to the following assumptions and limiting conditions:
1.The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the title
to it,except for information that he or she became aware of during the research involved in performing this appraisal.The
appraiser assumes that the title is good and marketable and will not render any opinions about the title.
2.The appraiser has examined the available food maps that are provided by the Federal Emergency Management Agency
(or other data-sources)and has noted in this appraisal report whether any portion of the subject site is located in an
identified Special Flood Hazard Area.Because the appraiser is not a surveyor,he or she makes no guarantees,express or
implied,regarding this determination.
3.The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question,
unless specific arrangements to do so have been made beforehand,or as otherwise required by law.
4.The appraiser has noted In this appraisal report any adverse conditions(such as the presence of hazardous wastes,toxic
substances,etc.)observed during the inspection of the subject property or that he or she became aware of during the research
involved in performing this appraisal.Unless otherwise stated in this appraisal report,the appraiser has no knowledge of any hidden
or unapparent deficiencies or adverse conditions of the property(such as,but not limited to,the presence of hazardous wastes,
toxic substances,adverse environmental conditions,etc.)that would make the properly less valuable,and has assumed that there
are no such conditions and makes no,guarantees or warranties,express or implied.The appraiser will not be responsible for any
such conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist.
Because the appraiser is not an expert in the field of environmental hazards,this appraisal report must not be considered as
an environmental assessment of the property.
5.If the appraiser,has based his or her appraisal report and valuation conclusion for an appraisal subject to certain conditions,it
is assumed that the conditions will be met In a satisfactory manner.
ClickFORMS Appraisal Software 800-622-8727 Page 16 of 18
{ Fuller Appraisals
File No.
' Case No. 4388-DH
APPRAISER'S CERTIFICATION:.The Appraiser certifies and agrees that:
1.1 have,-ata minimum;developed and reported this appraisal In accordance with the scope ofwork requirements stated,in
this appraisal report.
2.1 performed a complete visual inspection of the subject property.I reported the site characteristics in factual,specific terms.
3.1 performed this appraisal in accordance with the requirements of the Uniform Standards of Professional Appraisal
Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal,Foundation and that were in
place at the time this appraisal report was prepared.
4.I developed my opinlon of the market value of the real property that Is the subject of this report based on the sales.comparison
approach to value.I have adequate comparable market data to develop a reliable sales comparlson approach for this appraisal
assignment.
5.1 researched,verified,analyzed;and reported on any current agreement for sale for the subject property,any offering for
sale of the subject property in the twelve months prior to the effective date of this appraisal,and the prior sales of the subject
property for a'minimum of three years prior to the effective data of this appraisal,unless otherwise indicated in this report.
6.1 researched,verified,analyzed,and reported on the prior sales of the comparable sales for a minimum of one year prior
to the date of sale of the comparable sale,unlessotherwise indicated in this report.
7.1 selected and used comparable sales that are lorationally,physically,and functionally the most similar to the subject property.
8.1 have reported adjustments to the comparable sales that reflect the market's reaction to the differences between the subject
property and the comparable sales.
9.1 verified,from a disinterested source,all information in this report thatwas'provided by parties who have a financial interest in
the sale or financing of the subject property.
10.1 have knowledge and experience in appraising this type of property in this market area.
11.1 am aware of,and have access to,the necessary and appropriate public and private data sources,such as multiple listing
services,tax assessment records,public land records and other such data sources for the area in which the property is located.
12,1 obtained the information,-estimates,and opinions furnished by other parties and expressed in this appraisal report from
reliable sources that I believe to be true and correct
13.I have taken into consideration the factors that have an impact an value with respect to the subject neighborhood,subject
property,and the proximity of the subject property to adverse influences in.the development of my opinion of market value.I have
noted Inithis appraisal report any adverse conditions(such as,but not limited to,'the presence of hazardous wastes,toxic substances,
adverse environmental conditions,etc.)observed during the Inspection of the suhjectproperty or that I became aware of'during
the research involved In petforming'this appraisal.i have considered these adverse conditions in my analysis of the property value,
and have reported on the effect of the conditfons.on the value and marketability of the subject property.
14.1 have_not knowingly withheld;any significant infornalian from this appraisal report'and,to the best of my knowledge,all
statements and information in this appraisal report are true andcarrect
15.1 stated in this appraisal report my own'personal,unbiased,and professional analysis,opinions,and conclusions,which
are subject only to the assumptions.and limiting conditions in this appraisal report.
16.1 have no present or prospective interest in the property that is the subject of this report,and l have no present or
prospective personal Interest or bias with respect to the participants in the transaction.I did not base;either partially or
completely,my analysisand/or opinion of market Value in this appraisal report on the race;color,religion,sex,age,mad tal
status,handicap,familiar status,or national origin of either the prospective owners or occupants of the subject properly or ofthe
present owners or occupants of the properties in the violnity of the subject property or on any other basis prohibited by law.
17.My employment and/or compensation for performing this appraisal at any future or anticipated appraisals was not conditioned
on any-agreement or understanding;written or otherwise,that I would report(or present analysis supporting)aIpred elermined specific
value,a'predetermined minimum value,a range or direction in value,a value that favors the cause of any party,or the attainment of a
specific result or occurrence of a specific subsequent event(such as approval of a pending mortgage loan application).
18.1 personally prepared all conclusions and opinions about the real estate thal.were set forth in this appraisal report.If 1 relied on
significant real property appraisal assistance from any individual or individuals in the performance of this appraisal or the
preparation of this appraisal report.I have.named such'Individual(s)anddisclosed the specific tasks performed in this appraisal report.
I certify that any individual so named is qualified to perform the tasks.I have not authorized anyone to make a change to any item
in this appraisal report;therefore,any change made to this appraisal is unauthorized and I will take no responsibility forit.
19.1 identified the lender/client in this appraisal report who is the individual,organization,or agent for the organization that
ordered and will receive this appraisal report.
20.The lender/client may disclose or distribute this appraisal report to:,the borrower another lender at the request of the borrower,
the mortgages,or its successors and assigns;mortgage insurers;government sponsored enterprises;other secondary market
participants;,data collection or reporting services;professional appraisal organizations;any department agency,or instrumentality of
the United States;and any state,the District of Columbia,or other jurisdictions;without having to obtain the appraiser's or supervisory
appraisers(if applicable)consent Such consent must be obtained before this appraisal report may be disclosed or distributed to any
other party(including;but not limited to,the public through advertising,public relations,news,sales,or other media).
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Li
Fuller Appraisals File No.
a Case No. 4388-DH
21.1 am aware that any disclosure or distribution of this appraisal report by me or the lender1client may be subject to certain laws and
regulations.Further,I em also subject to the provisions of the Uniform Standards of Professional Appraisal Practice that pertain to
disclosure or distribution by me.
22.If this appraisal report was transmitted as an"electronic record"containing my"electronic signature,"as those terms are
defined in applicable federal and/or state laws(excluding audio and video recordings),or a facsimile transmission of this
appraisal report containing a copy or representation of my signature,the appraisal report shall be as effective,enforceable and
valid as if a paper version of this appraisal report were delivered containing my original hand written signature.
SUPERVISORY APPRAISER'S CERTIFICATION: The Supervisory Appraiser certifies and agrees that:
1.1 directly supervised the appraiser for this appraisal assignment,have read the appraisal report,and agree with the appraisers
analysis,opinions,statements,conclusions,and the appraiser's certification.
2.1 accept full responsibility for the contents of this appraisal report including,but not limited to,the appraiser's analysis,opinions,
statements,conclusions,and the appraiser's certification.
3.The appraiser identified in this appraisal report is either a subcontractor or an employee of the supervisory appraiser(or the
appraisal firm),Is qualified to perform this appraisal,and is acceptable to perform this appraisal under the applicable state law.
4.This appraisal report complies with the Uniform Standards of Professional Appraisal Practice that were adopted and
promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place at the time this appraisal
report was prepared.
5.If this appraisal report was transmitted as an"electronic record"containing my"electronic signature,"as those terms are
defined in applicable federal and/or state laws(excluding audio and video recordings),or a facsimile transmission of this
appraisal report containing a copy or representation of my signature,the appraisal report shall be as effective,enforceable and
valid as if a paper version of this appraisal report were delivered containing my original hand written signature.
APPRAISER SUPERVISORY APPRAISER(ONLY IF REQUIRED)
Signaturri5��.- ���«rr� �vr t. v ��r /r�✓.�
Name David L.Fuller,GAA,CCRA Name Duane Hogan=FIELD APPRAISER CRRA
Company Name Fuller Appraisals Company Name
Company Address 703 W.Ave.D Company Address
Garland,TX 75040
Telephone Number 9721271-2507 Telephone Number
Email Address fullappmearthlinlLnet Email Address
Date of Signature and Report October 1,2009 Date of Signature October 1,2009
Effective Date of Appraisal September 25,2009 State Certification# TX-1336094-R
State Certification# 1320771-G or State License#
or state License# State TX
or Other(describe) State# Expiration Dale of Certification or License 041311/10
State TX
Expiration Date of Certification or License 05131111
SUBJECT PROPERTY
ADDRESS OF PROPERTY APPRAISED
3rd St.,Oak St.,and SH-78 R.O.W. Did not inspect subject property
Wylie,TX 75150 Did inspect exterior of subject property from street
Date of Inspection
APPRAISED VALUE OF SUBJECT PROPERTY S 14,500.00 pX Did inspect interior and exterior of subject property
LENDERICLIENT Date of Inspection September 25 2009
Name
Company Name Naveb Family LP COMPARABLE SALES
Company Address 4331 Maple Ave.Dallas ®Did not inspect exterior of comparable sales from street
TX 75219 X Did Inspect exterior of comparable sales from street
Email Address Date of Inspection September 25 2009
CIIckFORMS Appraisal Software 800-622-8727 Page 18 of 18
RELEASE OF CLAIMS
In consideration of the abandonment of the northern seventy feet (70') of right-of-way
which is a part of the Railroad Wylie Addition and-adjacent to Lot 37 of Block 16, and Dollar
General Addition, Lot 2 of Block A of the Original Town of Wylie, according to the Plat thereof
recorded in Volume 5872, Page 1536, of the Deed.Records of Collin County, Texas, as more
particularly described in Exhibit "A" attached hereto and incorporated herein for all purposes
(theght-of-Way") the receipt and sufficiency of which is hereby acknowledged, we,
release any and all claims against the City of Wylie, Texas,
and its.Council Members, officers, agents, employees and representatives, which we may possess
at the time of the execution of this document, or which come to exist as a result of conduct
occurring prior to our execution of this document, relating in any way to the Right-of-:Way.
We are fully authorized and empowered to execute and enter into this Release upon the
terms stated herein, and fully authorized and legally competent to execute this Release as the
legal, valid and binding act and deed of the releasing party(ies). We represent and warrant that
the claims released above are currently owned solely by us,
6AM cN CX N 0M ib , free and clear of all liens, encumbrances, pledges,
assignments, claims and security interests of any kind or nature. We further represent and
warrant that we have the right to compromise and settle the claims and any other claims that
could have been asserted by us which relate in any way to the Right-of-Way.
We agree to indemnify and hold harmless the City of Wylie, Texas, and its Council
Members, officers, agents, employees and representatives from any and all costs and damages
arising from claims or encumbrances contrary to the representations and warranties contained in
the preceding paragraph of this Release.
This Release shall be binding upon and inure to the benefit of the.parties'respective.legal
heirs, successors and assigns.
Should any portion(word, clause, phrase, sentence, paragraph or section) of this.Release
be declared void or unenforceable, such portion shall be considered independent and severable
from the remainder,the validity of which--shall remain unaffected.
In witness whereof, we have executed this Release on the �6 day of
o G 7 , 2009.
Procedure for Abandonment of a Public ROW Page 15
488299M
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF ('()////z/ §
Before e, /the undersigned authority, on this day personally appeared
cUA A � known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed the same for the purposes and
consideration therein expressed. //)),,,,J //
Given under my hand and seal of office on this the VA
of !/(%�oJt'iZ ,
200E.
1
=GAYLE Notary Public tate of Texas
?+�.;
My Co issl n Expires:
/� oQU/
STATE OF TEXAS §
COUNTY OF §
Before me, the undersigned authority, on this day personally appeared
, known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that she executed the same for the purposes and
consideration therein expressed.
Given under my hand and seal of office on this the day of ,
200 .
Notary Public, State of Texas
My Commission Expires:
Procedure for Abandonment of a Public ROW Page 16
488299.v1
After Recording Return To: I
City of Wylie
Attn: Stephanie Storm
300 Country Club Rd.#100
Wylie,TX 75098
�r rrecr-ana-rteoorae '
Official Public Records
Stacey Kemp, County Clerk
Collin County, TEXAS
09/16/2016 03:59:28 PM
$154.00 CJAMAL
20160916001241570