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Ordinance 2016-05 ORDINANCE NO. 2016-05 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ABANDONING 12,718 SQUARE FEET OF PUBLIC RIGHT- OF-WAY LOCATED WITHIN THE RAILROAD �— INDUSTRIAL PARK ADDITION, SURROUNDED BY LOTS 4-8; AND PROVIDING FOR AN EFFECTIVE DATE. a� WHEREAS, the property described herein is platted as public right-of-way surrounded by Lots 4-8 in the Railroad Industrial Park Addition, said right-of-way being approximately 12,718 square feet; and N OD -10 3 WHEREAS, the Wylie Economic Development Corporation, principal owner of the property adjacent to said 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 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; 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 "1" & "2" 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 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 22nd day of March, 2016. ATTEST: ` a r taroTe- Ehrlich' Secretary ��43Y(a Fc RA!!pr^Y s ?41T OFT For Office Use Only CC Case Number. __ Date Submitted: CITY OF WYLIE ABANDONMENT OF PUBLIC ROW-OF-WAY/EASEMENT APPLICATION MINIMUM SUBMITTAL REQUIREMENTS ❑ A completed copy of the attached Abandonment of Public ROWIEasement application. ❑ All exhibits processed (except for Exhibit No.4,which will be processed by staff). ❑ Attach responses from all abutting property owners. (sample letter enclosed). ❑ A certified appraisal of the value of the land to be abandoned. ❑ A certified check to the City for the amount of the Appraisal. ❑ An executed Release of Claims from each abutting property owner. ADDRESS/NAME OF Cul-deSac surrounded by 207,209,210,211,212 Industrial Court,Wylie,Texas S.B. ADDITION/SUBDIVISION Shelby Abstract No.,820 LEGAL DESCRIPTION Railroad Industrial Park R.O.W.surrounded by Lots 4-8 APPLICANT(Primary Contact for the Project): Name Wylie Economic Development Corporation E-Mail angel@wylieedc.com Street Address 250 S.Hwy 78 City Wylie State Texas Zip Code 75098 Phone Number 972-442-7901 Fax Number n/a PROPERTY OWNER'S INFORMATION(if different from above): Name Same as above E-Mail Street Address City State Zip Code Phone Number Fax Number The applicant has prepared this application and certifies that the facts stated herein and exhibits attached hereto are true and co ct. 6 3-;1- 16 Signature of Owner,Agent or Applicant Date Procedure for Abandonment of a Public ROW Page 4 498299 vi 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-way/easement 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) None 6. Such public right of-wayleasement should be abandoned because: RedevelQpment is planned for the area 7. Such public right of-way/easement has been and is being used as follows: Access to surrounding properties which will also be redeveloped. Procedure for Abandonment of a Public ROW Page 5 488299M 8. 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: Applicant's Name: _ Sam Satterwhite,Executive Director,Wylie EDC Applicant's Address: 250 S. Hwy 78 Wylie,Texas 75098 Applicants Phone Number: 972-442-7901 ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF l 1 ,' § Subscribed and sworn to before me a Notary Public, this day of ANGEL WYGANT Notary. ublic in and a State of Texas Notary Public.Stote of Texas -may. My Commission Expires November 04,2016 Procedure for Abandonment of a Public ROW Page 6 488299.vi Application for Abandonment of a Public Right-of- Way/Easement ight-offWay/Easement Located; Cul-deSac surrounded by 207,209,210,211,212 Industrial Court,Wylie,Texas 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 S.B.Shelby Abstract No.,820 Addition/Subdivision to the City of Wylie, Collin County, Texas, sought to be abandoned. Procedure for Abandomnent of a Public ROW Page 7 488299M F.XWN A BEING situated in the S.B. Shelby Survey, Abstract No. 820 City of Wylie, Collin county, Texas and being part of Industrial Court as created by at a the Railroad Industrial Park Addition, on Addition to the City of Wylie, Collin County, Texas, according to the plot thereof recorded in Cabinet C, Page 748 of the Plat Records of Collin County, Texas and being more particularly described by metes and bounds as follows, BEGINNING a "X" cut set for corner at the intersection of the east Right Of Way line of Industrial Court (50' ROW) with the east ROW line of the cul—de—sac at the south end of Industrial Court, said "X" cut being in a non—tangent curve to the right THENCE along sold curve to the right through o central angle of 299'59'38"t a radius of 50.00. and an arc length of 261.79. with o chord bearing of N 49'40'00" W, and a chord length of 50.00' to a '9(" cut set for corner at the intersection of the cul—de—sac and the west ROW line of Industrial Court, said "X" cut being at the beginning of a non—tangent curve to the left, THENCE with o reverse curve to the left following the west ROW line of Industrial Court through a central angle of 03'43'11. a radius of 157J.68', and an arc length of 102.17, with a chord bearing of N 37'41'07" E, and a chord length of 102.15' to a capped 1/2" iron rod set for comer at the southeast corner of Lot 8; THENCE S 48'51'09" E a distance of 50.00' to a "X" cut set for corner in the east ROW line of Industrial Court, said "X" cut being at the northeast corner of Lot 4, said "l" cut being in a non—tangent curve to the right; THENCE along said curve to the right following the east ROW line of Industrial Court through a central angle of 03'34'47: a radius of 1623.68, and an arc length of 104.44. with a chord bearing of S 3746'46" W, and a chord length of 101.43' to the POINT OF BEGINNING and containing 12.718 square feet or 0.292 acres of land. The Bases of bearings is the west line of Lot 6 (N 41'06'33" E) as shown on the Railroad Industrial Park Addition Plot recorded in Cabinet C, Page 748 of the Plat Records of Collin county, Texas. OF A, AM :f r� DAM KAN SUR STFJW ABA DASA DDopaflW DMUSTiff" CDUBT BUIDEMW BVRVBYM fim Rtjl JMW REW822M PART P.O. BOX 126 CFff OF 11!= ANNA, TEXAS 75409 Cox= COUMMr. (972) 924-8200 FIRM NO. 10069500 SCALE 1' = 40' WE. NOVEMBER 30, 2015 JOB No. 2015-147 CURVE DWA ANG[E RADPUS ARC LENOTFI CHORD BEARING CHORD LENOW CT 33.447 1623.68 101.44 S 3T4648 W fO1.4J LINE IBEARM C2 299'58 J8 30.00 261.79 N 49.4000 W 50.00 L1 IS41MVCE 11 30.21 C3 3'1 1 T 1573.63 02.1 N 3r4T 07 f I 102.15 $!W&W IND sovrilm m -- -- -T -- --�---- ...... t 1 1 15' UTILITY EASEMENT 1 15' DRAINAGE EASEMENT 1 GAB. 2, PG. 748 t CAB. 2, PG. 748 LOT 9 poi LOT 8 LOT 7 PAMUM xcs a - BASES OF BWZING LINE STRaal'i jpQ CO N 41'08 33" E J_ - tom 5p':ROW 110.24' S tV Am `� + coNCRerE RA XCS 1 XCl 1 v oNcttETE + r''—20 BUILDING UNE i r 1 f � LOT 6 y! ;' r LOT 4 Lor 5 1 i o 15' DRAINAGE EASEMENT ►^PG. 748 748 W. 2. r i 15 UTILITY EASEMENT 1 CAB. 2. PG. 748 i 1 i 1 85.00, i 1 f � 1 1/27RF moi"-- 85.00' 1/2""IRF -- -- ..�-------- LBUs'ND XGS o X CUT SET ------ ------ CMS- CAPPED(4613) 1/VVS ON. - CONTROUM AION IA EPC 15' UMJTY EASEMENT s3. -POMEA POLE CAB. P. PG. 652 ' �!► o — FENCE POST • _ SANAARY SEMER YINHOIE 0 40 80 _ FIRE HTORANT ---�� ® - MM METER ® - MMTER VALVE mNmr� �m Nps r C, Ale*(M 60X �7JRM !!alllMO UM_ fir ® WA.ITOX i PARK P.O. BOX 126 ONE-CAMEO ELECTRIC QPY OF WYLM ANNA, TDC49 75409 ss-SAMIARY SEM COLUM COs. 7m$ (972) 924-8200 FIRM NO. 10069500 MATER- HATER UNE SCALE I" = 40' DATM NOVEMBER 30, 2015 JOB No. 2015-147 Application for Abandonment of a Public Right-of- Way/Easement Located: Cul-deSac surrounded by 207,209,210,211,212 Industrial Court,Wylie,Texas 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 fling 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 4882"" EMBIT B CURVE DELTA ANGLE IR40W IAW LENGTH ICHM BEARING ICHM [ENGIN Cf r344r 1623.68 IOt.44 S 3T48'41 W 101.43 LME BEARING DtsT C2 299^5938 50.00 261.79 N 49'4000 W 50.00 Lf S 48'51 09 E 50.21 C3 3'43'11 1573.681102.17'1mp N 3r44/f-07-EEp 111002115p AM -r I 15' UnLITY EASEMENT I 1 15' DRAWAGE EASEMENT I I M. Z PG. 748 1 CAB. 2, PG. 748 LOT 9 LOT 8 j"1 LOT 7 I I PA 1 1 PA i - Co i 1 PCQASE r I .� r / ., y '` r XW y� ..a .^. .✓ 'rte;,+' �, �' �:. "� . r ,f >IrTDU� L.,f BASES OF BFARJNG LINE to 9�9�T N 41'0833" E 110.24. *' r fs. ooNEIE� x CI f \� + "` Qc}s*� `—20' BUILDING UNE s ,. / I I ! ! I LOT 6 co I 1 a'fi 1 o; LOT 4 i �4 ihl! LOT 5 15 DRAINAGE EASE)WENT ! ! 15' U7JLf1Y EASEMENT I 1 CAB. Z PG. 748 !! i! CAB. Z PG. 748 i I -141.86' _ 85.00' 1 1 27RF - 85.00 1 j / 1/PIRF ---��__ -L------------ LBGmm XCS -X CUT SEI ---- ------- CRtS= CAPPED (4613) 112IRS CAL - COWROLLRro AtaWMENr 15' URLRY EASEMENT C1 - POWER POLE C48 P, PG. 652 ' 8 �► c - FENCE POST 0 40 80 b _ FM HVDRW ----- ® - WA7ER HEM? ® - WATER VALVE ' r 10 = 7ELEPHHDNE Box S'TRBI�'4AN WONJM J URT DOEW 80 6r mm ® " '�"� B00f RMUSTRUL Rk1IIB= BMVSBMVSTRl�LC� PAW P.O. BOX 126 ow- oVE1Pmw ELEICMIC 1Y OF W= ANNA, IDMS 75409 SS- y COI1JlIT (,ovh , rAm (972) 924-8200 FIRM N0. 10069500 WATER- WARN turf SCALE t" = 40' WE: NOVEMBER 30, 2015 JOB No. 2015-147 Application for Abandonment of a Public Right-of- Way/Easement Located: 247,209,210,211&212 Industrial Court,Wylie,Texas 75098 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. GAS COMPANY BY: NIA Tide TELEPHONE COMPANY BY: (See Attached) Title ELECTRIC COMPANY BY: (See Attached) True Procedure for Abandomnwt of a Public ROW Pale 9 4U299.vt Ap0bftn f*r AbarfsbrlRM of e Pubao Rk".0f. lAhylEe�errrent - LoCObd:�_207.209,210.211 dt 212 ln&MM C,M.o�W Toga 7sM lflttll@fl_I�as The undersignW PW" l oompwbs,ualtS oren2bd to tumh undkr tiro 1rmr4 end praftm atatr WGPw*ve frrandim wills the Cly o/VMK thea pa ft of"publb -dLwayAdW anoment wght co be;Wmndorrod In In Apron lar Abandonment abom mbrmd lb,do hereby==ad tib to sh w dommd of to dewWW portion t NOW. GAS COl1PANY BY: Tab ZO , ELEPH COWANY ELECT=COMPANY ter. Title >t .t.fr+��ow► o Application for Abandonment of a Public Right-of- Way/Easement Located: 207,209,210,211 &212 Industrial Cowl,]YXJi Texas 75098 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-wayfullity easement sought to be abandoned in the Application for Abandonment above referred to,do hereby consent to the abandonment of the described portion thereof. GAS COMPANY BY: Tale TELEPHONE COMPANY BY: Title ELECTRIC COMPANY Title(, 19e.r., dPU4Ar Procedure for Abegdwom,4 a PAUe Row Page 9 4SM.Vi Application for Abandonment of a Public Right-of-Way/Easement Located:_ Cul-deSac surrounded by 207,209,210,211,212 Industrial Court,Wylie,Texas 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 Building Official Planning Director Fire Marshal Director of Public Services Procedure for Abandonment of a Public ROW Page 10 488299.v 1 Application for Abandonment of a Public Right-of- Way/Easement Located: Cul-deSac sun'ounded by 207,209,210,211,212 Industrial Court,Wylie,Texas EXHIBIT NO.S 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 Right-of-Way/Easement referred to above, do hereby consent to such abandonment All of these properties are currently owned by the applicant,Wylie Economic Development Corporation. Procedure for Abandonment of a Public ROW Page t r 488299M EXHIBIT NO.5 CITY OF WEE [DATE] [Name&Address] Wylie Economic Development Corporation Attn: Sam Satterwhite 250_S. Hwy 78,Wylie,Texas 75098 RE: Abandonment of Right-of-Way Located at: Cul-deSac surrounded by 207,209,210,211,212 Industrial Court,Wylie,Texas 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, 300 Country Club Road, Bldg. 100, Wylie, Texas 75098 at your earliest convenience. I do(x),I do not( ),agree to the abandonment of the subject right-of-way/easement. If abandoned by the City, I am(x), 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 a doped. —�--�—'<z D d��— Signature of property owner or authorized agent Procedure for Abandonment of a Public ROW Page 12 A8U99.v1 EXHIBIT b CERTIFIED APPRAISAL OF THE VALUE OF THE LAND Request to waive Appraisal Procedure for Abandonment of a Public ROW Page 13 488299M EXHIBIT 7 RELEASE OF CLAIMS Procedure for Abandonment of a Public ROW Page 14 aaai99.vi RELEASE OF CLAIMS In consideration of the abandonment of the 12,718 square feet of right-of-way which is a part of the Railroad Industrial Park Addition of the Original Town of Wylie• according to the Plat thereof recorded in Volume ,Page 748 ,of the Deed Records of Collin County,Texas,as more particularly described in Exhibit "A" attached hereto and incorporated herein for all purposes (the "Right-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, , 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 ofwhich shall remain unaffected. In witness whereof; we have executed this Release on the day of 2016 Procedure for Abandonment of a Public ROW Page 15 468299.v1 ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF Collin § § 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 he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office on this the day of , 2011. Notary Public, State of Texas My Commission Expires: 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 , 2011. Notary Public,State of Texas My Commission Expires: Procedure for Abandonment of a Public FLOW Page 16 488299M 4 / t, +F I t� e" f h Y t .•" 4�+7- t FCpBFp r ti, .g 5 5 A� 3�p �•�,�.-1�' - .4� �J ��� `_,��� " ; r! 4� `1 �,,�� �.;Y �v t• *�' x,14 �.�,,,• y4 �j�� "� ,t`G7' 1, U' r � � . 1 i 1 � t }y f� EL •, � :, f ,A � :� '4 .. :,>, �' �. ,:': ;��' ' : "� .�.. � .. .- "� � WYLIE ECONOMIC D..".;EV OPMENT CORPORATION HWY 78 IMPROVEMENTS FOR PROPOSED RETAIL DEVELOPMENT WYLIE,TEXAS J. V 0 L K 30 B .0 m BW East Campbell Mad,Salte 130 972.20.31 Texas]5081 9]3.301.3100 Teras fleglstta0an No.F-11962 SCKE 1 �a0' After Recording Return To: City of Wylie Attn: Stephanie Storm 300 Country Club Rd.#100 Wylie,TX 75098 wedandr-iecora Official Public Records Stacey Kemp, County Clerk Collin County, TEXAS 09/16/2016 03:59:28 PM $106.00 CJAMAL 20160916001241540 I / ' � I