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Resolution 2022-02RESOLUTION NO. 2022-02(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE INTERIM CITY MANAGER OF THE CITY OF WYLIE, TEXAS, TO EXECUTE THE INTERLOCAL COOPE ' • TION AGREEMENT BETWEEN THE CITY OF WYLIE, TEXAS AND NORTH TEXAS MUNICIPAL WATER DISTRICT (NTMWD) CONCERNING THE RIGHT-OF- WAY FOR EUBANKS LANE FROM SH 78 TO THE NTMWD ENTRANCE AND EASEMENT FOR WATER TRANSMISSION PIPELINE FOR F.M. 2514 PIPELINE RELOCATIONS. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Interim City Manager of the City of Wylie, Texas, is hereby authorized to execute, on behalf of the City Council of the City of Wylie, Texas, the Interlocal Cooperation Agreement between the City of Wylie and North Texas Municipal Water District (NTMWD) concerning the right-of- way for Eubanks Lane from SH 78 to the NTMWD entrance and easement for water transmission pipeline for F.M. 2514 pipeline relocations. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 25th day ofJanuary, 2022. ATTEST TO: Stephanie Storm, City Secretary Resolution No. 2022-02(R) Interlocal Agreement for Eubanks Ln, Page 1 of 2 EXHIBIT "A" Interlocal Agreement Resolution No. 2022-02(R) Interlocal Agreement for Eubanks Ln. Page 2 of 2 STATE OF TEXAS COUNTY OF COLLIN INTERLOCAL COOPE ' TION AGREEMENT BETWEEN THE CITY OF WYLIE, TEXAS AND NORTH TEXAS MUNICIPAL WATER DISTRICT The Interlocal Cooperation Agreement (the "Agreement") is made by and between the City of Wylie, Texas, a home rule municipality ("City"), and North Texas Municipal Water District, a political subdivision of the State of Texas ("NTMWD"), acting by and through their duly authorized representatives. City and NTMWD at times are referred to herein as a "party" or collectively as the "parties." WHEREAS, the Interlocal Corporation Act, Chapter 791 of the Texas Government Code (the "Act") provides the authority for political subdivisions to contract with each other to purchase goods and services and facilitate governmental functions of said political subdivisions under the terms of the Act; and WHE ' AS, on or about February 29, 2016, City and NTMWD entered into an Interlocal Cooperation Agreement between the City of Wylie, Texas and the North Texas Municipal Water District regarding the design, repair, reconstruction, improvement, and maintenance of Eubanks Lane from SH 78 to the entrance of the NTMWD site on Eubanks Lane (the "Project"); and WHEREAS, in furtherance of the Project and in order to expand Eubanks Lane, City has requested that NTMWD dedicate certain right of way property to City at no cost; and WHEREAS, NTMWD has agreed to the right of way dedication requested by City in exchange for City granting NTMWD a pipeline easement NTMWD needs as a result of the Texas Department of Transportation ("TxDOT") widening F.M. 2514 in the City of Wylie from east of Lavon Parkway to Brown Street which puts NTMWD's existing pipelines in conflict with the new roadway; and WHEREAS, under the Act the Property may be sold, assigned, and transferred at market value, or for no consideration. NOW THEREFORE, for and in consideration of the above premises and the mutual covenants contained herein, City and NTMWD agree as follows: INTERLOCAL AGREEMENT PAGE 1 ARTICLE ONE Real Property Exchange 1.01 Conveyance of the Right of Way to City. In exchange for the conveyance in Section 1.02, NTMWD hereby agrees to sell, assign, and transfer all of its right, title, and interest in and to four right of way parcels to City (the "ROW Parcels") by executing and delivering to the Title Company a Special Warranty Deed in the form attached hereto as Exhibit C (the "Deed"). The ROW Parcels are depicted in Exhibit A, which is attached hereto and incorporated herein by reference. The conveyance in this Section 1.01 shall be closed through Reunion Title, 1700 Redbud Blvd, Suite 300 in McKinney, Texas (the "Title Company"). The costs associated with closing and obtaining a title policy covering the ROW Parcels shall be paid solely by City. 1.02 Conveyance of Easements to NTMWD. In exchange for the conveyance in Section 1.01, City hereby agrees to convey to NTMWD an easement (the "Easement") covering the area depicted in Exhibit B (the "Easement Area"), which is attached hereto and incorporated herein by reference. The form of the Easement is attached hereto as Exhibit D. The City will execute and deliver an Easement to the Title Company. Upon receipt of the Deed and the Easement, the Title Company will cause the Deed and the Easement to be recorded in the Official Public Records of Collin County, Texas. ARTICLE TWO Term 2.01 This Agreement shall commence on the Effective Date and remain in full force and effect until the conveyances referenced in Article One are effectuated. ARTICLE THREE Effective Date 3.01 This Agreement shall be effective upon approval by the Wylie City Council and the NTMWD Board of Directors and subsequent execution by the Parties respective duly authorized representatives. The effective date will be the latter of the dates this Agreement is executed by the Parties authorized representatives (the "Effective Date"). ARTICLE FOUR Responsibility 4.01 In the event of joint or concurrent negligence of the Parties, responsibility, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas without, however, waiving any governmental immunity or defense available to any party individually under Texas law. City shall be responsible for its sole negligence. NTMWD shall be responsible for its sole negligence. The provisions of this paragraph are solely for the benefit of the Parties and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. INTERLOCAL COOPERATION AGREEMENT PAGE 2 ARTICLE FIVE Immunity 5.01 It is expressly understood and agreed that, in the execution of this agreement, neither Party waives, nor shall be deemed hereby to have waived any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the Parties do not create any obligations, expressed or implied, other than those set forth herein, and this Agreement shall not create any rights in parties not signatories hereto. TICLE SIX Notices 6.01 All notices required under the provisions of this Agreement must be in writing, hand -delivered or sent by registered or certified mail, with a copy sent via email, to the addresses below: City: City of Wylie Attn: Brent Parker 300 County Club Road Wylie, Texas 75098 brent.parkerviietexas.or with a copy to: Abernathy, Roeder, Boyd & Hullett, P.C. Attn: Richard Abernathy 1700 Redbud Blvd., Suite 300 McKinne , Texas 75069 NTMWD: Jennafer P. Covington Executive Director and General Manager P.O. Box 2408 W ,lie, TX 75098 with a copy to: Saunders, Walsh & Beard Attention: Lewis Isaacks 6850 TPC Drive, Suite 210 McKinney, Texas 75070 Telephone: 214 919-3555 Em INTERLOCAL COOPERATION AGREEMENT PAGE 3 The name, address, and email address for notification may be changed by notice to the other parties. ARTICLE SEVEN Severability 7.01 The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause or phrase of this Agreement is for any reason held by a court of competent jurisdiction to be contrary to law or contrary to any rule or regulation having the force and effect of the law, the remaining portions of the Agreement shall be enforced as if the invalid provision had never been included. • 1, TICLE EIGHT Successors and Assigns 8.01 This Agreement shall be binding upon the Parties hereto, their successors and assigns. Neither Party will assign or transfer an interest in this Agreement without the written consent of the other Party. ARTICLE NINE Venue 9.01 The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this Agreement. The Parties agree that this Agreement is performable in Collin County, Texas, and that exclusive venue shall lie in a state court in Collin County, Texas. TICLE TEN Interpretation 10.01 This Agreement has been negotiated by and between the Parties, and any presumption that an ambiguity contained in this Agreement shall be construed against the party that caused this Agreement to be drafted shall not apply to the interpretation of this Agreement. • 0 TICLE ELEVEN Remedies, Non -Waiver 11.01 No right or remedy granted herein or reserved to the Parties is exclusive of any right or remedy granted by law or equity, but each shall be cumulative of every right or remedy given hereunder. No covenant or condition of this Agreement may be waived without the express written consent of the Parties. It is further agreed that one or more INTERLOCAL COOPERATION AGREEMENT PAGE 4 instances of forbearance by either Party in the exercise of its respective rights under this Agreement shall in no way constitute a waiver thereof. ARTICLE TWELVE Authority to Execute 12.01 The individuals executing this Agreement on behalf of the respective parties below represent to each and to others that all appropriate and necessary action has been taken to authorize the individual who is executive this Agreement to do so for an d on behalf of the part for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. TICLE THIRTEEN Entire Agreement 13.01 This Agreement embodies the entire agreement between the Parties and may only be modified in writing executed by both Parties. CITY OF WYLIE, TEXAS, a home -rule municipality By: Name: Brent Parker Title: Interim City Manager Date: NORTH TEXAS MUNICIPAL WATER DISTRICT, a political subdivision of the State of Texas By: Name: Jennafer P. Covington Title: Executive Director and General Manager Date: INTERLOCAL COOPERATION AGREEMENT PAGE 5 ACKNOWLEDGMENTS STATE OF TEXAS COUNTY OF COLLIN § This instrument was acknowledged before me on the day of 2021, by BRENT P R, Interim City Manager of the CITY OF WYLIE, TEXAS. Notary Public, State of Texas STATE OF TEXAS COUNTY OF COLLIN § This instrument was acknowledged before me on the day of 2021, by JENNAFER P. COVINGTON, Executive Director and General Manager of NORTH TEXAS MUNICIPAL WATER DISTRICT. Notary Public, State of Texas INTERLOCAL COOPERATION AGREEMENT PAGE 6 Exhibit "A" to the ILA The ROW Parcels INTERLOCAL COOPERATION AGREEMENT PAGE 7 Exhibit "A.1" The ROW Parcel — 0.1634 INTERLOCAL COOPERATION AGREEMENT PAGE 8 EXHIBIT A PARCEL NO. 8 RIGHT OF WAY DEDICATION 7,118 SQ. FT. (0.1634 ACRES) BEING a 7,118 square foot (0.1634 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 that 142.262 acre tract of land described in Warranty Deed to North Texas Municipal Water District, as recorded in Volume 3713, Page 417 of the Official Public Records of Collin County, Texas (O.P.R.C.C.T.), and being more particularly described as follows: BEGINNING at a set magnail with a washer stamped "HALFF" for the southeast corner of said 142.262 acre tract, being at the intersection of the west line of Eubanks Lane (County Road 389, a variable width right-of-way) with the called centerline of Country Road 383 (variable width right-of-way); THENCE North 88 degrees 07 minutes 30 seconds West, departing said west line of Eubanks Lane and along the common south line of said 142.262 acre tract and said center of County Road 383, a distance of 14.80 feet to a set 1/2-inch iron rod with a yellow plastic cap stamped "HALFF" (hereinafter referred to as with "HALFF" cap) for corner; THENCE North 00 degrees 30 minutes 31 seconds East, departing said common line and over and across said 142.262 acre tract, a distance of 184.13 feet to a set 1/2-inch iron rod with "HALFF" cap for corner; THENCE North 01 degree 00 minutes 31 seconds East, continuing across said 142.262 acre tract, a distance of 221.37 feet to a set 1/2-inch iron rod with "HALFF" cap for corner, said point being the beginning of a non -tangent circular curve to the right having a radius of 1,082.50 feet and whose chord bears North 01 degree 00 minutes 04 seconds East, a distance of 14.01 feet; THENCE Northerly, continuing across said 142.262 acre tract and along said curve, through a central angle of 00 degrees 44 minutes 30 seconds, for an arc distance of 14.01 feet to a set 1/2-inch iron rod with "HALFF" cap for corner, said point being on the westerly extension of the south line of a 0.1164 acre right-of-way dedication described in right-of-way deed to County of Collin, as recorded in Volume 3227, Page 437, O.P.R.C.C.T.; THENCE South 88 degrees 39 minutes 23 seconds East, passing at a calculated distance of 2.50 feet the southwest corner of said 0.1164 acre tract, and continuing along the south line of said 0.1164 acre tract, in all a total distance of 18.23 feet to a set 1/2-inch iron rod with "HALFF" cap for corner on the east line of said 142.262 acre tract; Page 1 of 4 Feb., 2021 LD ROW PARCEL-8-34066.docx.docx EXHIBIT A PARCEL NO. 8 RIGHT OF WAY DEDICATION 7,118 SQ. FT. (0.1634 ACRES) THENCE South 01 degree 15 minutes 23 seconds West, departing said south line and with the east line of said 142.262 acre tract and said called west line of Eubanks Lane, a distance of 419.62 feet to the POINT OF BEGINNING AND CONTAINING 7,118 square feet or 0.1634 acres of land, more or less. The Basis of Bearing is the Texas Coordinate System of 1983, North Central Zone (4202), based on ties to City of Wylie Monuments CM 1, CM 2, CM 3, CM 4 and CM 5. I, Andrew J. Shafer, a Registered Professional Land Surveyor, hereby certify that the legal description hereon and the accompanying plat of even date represent an actual survey made on the ground under my supervision. An rew J. Sh. er Registered Professional Land Surveyor Texas No. 5017 TBPELS Firm No. 10029600 ANDREVV J. SHAFER 5017 ;rr"-/...6/r/6-9.',5,49-,,,,,1*-/''' Page 2 of 4 Feb., 2021 LD_ROW PARCEL-8-34066.docx.docx SCALE, 1"=5O AT'IW 'LINE SHEE T 2• SIR /CAP DOG DROPROAD, A.K.A. C.R. 383 1/2• SIR (PRIVATE ROAD W/CAP NORTH 11'91 a I i'1i,"I°q;Sf 'P VOL, a i.T. PG, l l f NOTE: The Bests of Deortng is the Texas Coordinote System of 1933. Nor th Central Zone (42O21, based on tles to City of Wylie Monumerte CM I, CM 2. CM 3. CM 4 and CM 5, LLGENU. 1 /2'SIR W/CAP FIR U.T.S. C.M. R.O.W. DOC. NO. INSTR. NO. O.P.R.C.C.T. P.R.C.C.T. I/2' FIR. W✓•RPLS 5586' CAP (C,M.) .''9E CORNER OF McKEE 4D0N. LOT I. BLK 4 (V. 2009, P. 449) 1/2-INCH SET IRON ROD WITH YELLOW PLASTIC CAP STAMPED 'HALFF' FOUND IRON ROD UNABLE TO SET CONTROL MONUMENT RIGHT-OF-WAY DOCUMENT NUMBER INSTRUMENT NUMBER OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY,TEXAS PLAT RECORDS OF COLLIN COUNTY.TEXAS U-I _E POINT OF pEGINNIN9; S(A NAILaET W�AG WASWER IIN. Page 3 of PROJECT SITE 5 YIL IE -PARCEL NO. 8 RIGHT-OF-WAY DEDICATION�«"� 7.118 SO. FT. cv.1634 ACRES) LOCATION MAP NOT TO SCALE iI I F 0 I.iG 11;,°F;E TR;t("I`) KOND1 RI( I tt IANS P, NO, ?.1100=II10130:1;',,IfiR0 I7,.P.R.(r.l'."h, EXHIBIT A PARCEL NO. 8 RIGHT-OF-WAY DEDICATION 7,118 SQ. FT. OR (0.1634 ACRES) SITUATED IN THE FRANCISCO DE LA PENA SURVEY, ABSTRACT NO. 688 CITY OF WYLIE, COLLIN COUNTY, TEXAS FOR CITY OF WYLIE PREPARED BY Imo •HALFF HALFF ASSOCIATES, INC. ENGINEERS - SURVEYORS 1201 NORTH BOWSER ROAD - RICHARDSON, TEXAS - 75061-2275 TBPELS FIRM NO, 10029600 (214)346-6200 AVO. 34066 FEBRUARY, 2021 S88°39'23E 18.23' 1/2' SIR W/CAP A= 0'44'30" R= 1082.50' L= 14.01' CL= 14.01' CB= N 01°00'04" E 1/2' SIR W/CAP MATCH LINE SHEET 3 OF 4 NOTE: The Basis of Bearfria is the Texas Cooralnate System of 1983. North Central Zone (42021, based on ties to City of wylle Monuments CM I. CM 2, CM 3. CM 4 ono CM 3. LEGEND /2'S1R W/CAP FIR U.T.S. C.M. R.O.W. DOC. NO, INSTR. NO. P.R.C.C.T. 1/2-INCH SET IRON ROD WITH YELLOW PLASTIC CAP STAMPED 'HALFF* FOUND IRON ROD UNABLE TO SET CONTROL MONUMENT RIGHT-OF-WAY DOCUMENT NUMBER INSTRUMENT NUMBER OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY,TEXAS PLAT RECORDS OF COLLIN COUNTY,TEXAS 25' BUILDING L&NE INSTR. N0, 20010131010000260 0.P.R.C.C. T. 5' UTILITY EASEMENT II INSTR, NO. 20070131010000260 11 0.P.R.C.C.T, 11 ff 3' WATER METER EASEMENT ce II INSTR. NO. 20070131010000260 0.P.R.C.C.T. OPEN SPACE LOT 52, BLOCK LI DEDICATED TO THE OTY OF WYLIE PARCEL NO. 8 RIGHT-OF-WAY DEDICATION 0.1634 ACRES (T.118 SO. FT.) ANDREW J, SHAFER 5017 st Page 4 of 4 LOT 9, 1=3 LOCI( Li RoIEcT WYLIE LOCATION MAP NOT TO SCALE AMENDED PLAT OF WYLIE LAKES, PHASE IA INSTR, NO. 200 7 0 1 3 I 0 I 0 0 0.50 LOT I 0, HLOCK 13 !0` WATER LINE EASEMENT INSTR. 90. 20070131010000260 0.P.R.C.C.T. 1710.N('ASCO StItti (5ilt5 (CALLED 2013.ACRE TRA(T) GT CONSTRUCTION, INC. DOC. NO, 2005-0083.522 VOL. 5946, PG. 00999 0 25 50 75 100 SCALE: 1"=50' EXHIBIT A PARCEL NO. 8 RIGHT—OF—WAY DEDICATION 7,118 SQ. FT. OR (0.1634 ACRES) SITUATED IN THE FRANCISCO DE LA PENA SURVEY, ABSTRACT NO. 688 CITY OF WYLIE, COLLIN COUNTY, TEXAS FOR CITY OF WYLIE PREPARED BY IN II HALFF. HALFF ASSOCIATES, INC. ENGINEERS - SURVEYORS 1201 NORTH BOWSER ROAD - RICHARDSON, TEXAS - 75081-2275 TBPELS FIRM NO, 10029600 (214)346-6200 AVO. 34066 FEBRUARY, 2021 Exhibit "A.2" The ROW Parcel — 0.0106 INTERLOCAL COOPERATION AGREEMENT PAGE 9 EXHIBIT A PARCEL NO. 7 RIGHT OF WAY DEDICATION 463 SQ. FT. (0.0106 ACRES) BEING a 463 square foot (0.0106 acre) tract of land situated in the Francisco De La Pine Survey, Abstract No. 688, City of Wylie, Collin County, Texas, and being part of that 11.587 acre tract of land described in Warranty Deed to North Texas Municipal Water District, as recorded in Volume 3713, Page 417 of the Official Public Records of Collin County, Texas (O.P.R.C.C.T.), and being more particularly described as follows: BEGINNING at a point (unable to set) for the northeast corner of said 11.587 acre tract, said point being in the center of Eubanks Lane (County Road 389, a variable width right-of-way) and on the south line of County Road 383; THENCE South 01 degree 31 minutes 13 seconds West, with the east line of said 11.587 acre tract and the center of Eubanks Lane, a distance of 13.50 feet to a point (unable to set) for the southeast corner of said 11.587 acre tract, said point being on the north line of a tract of land described in deed to Dallas Area Rapid Transit Property Acquisition Corporation (DART), as recorded in Volume 3424, Page 126, 0.P.R.C.C.T.; THENCE South 77 degrees 27 minutes 21 seconds West, departing said center of Eubanks Lane and along the common south line of said 11.587 acre tract and north line of said DART tract, a distance of 27.90 feet to a set 1/2-inch iron rod with a yellow plastic cap stamped "HALFF" for corner; THENCE North 00 degrees 30 minutes 31 seconds East, departing said common line and over and across said 11.587 acre tract, a distance of 20.45 feet to a set 1/2-inch iron rod with a yellow plastic cap stamped "HALFF" on the common north line of said 11.587 acre tract and south line of said County Road 383; THENCE South 88 degrees 07 minutes 27 seconds East, along said common line, a distance of 27.42 feet to the POINT OF BEGINNING AND CONTAINING 463 square feet or 0.0106 acres of land, more or less. The Basis of Bearing is the Texas Coordinate System of 1983, North Central Zone (4202), based on ties to City of Wylie Monuments CM 1, CM 2, CM 3, CM 4 and CM 5. I, Andrew J. Shafer, a Registered Professional Land Surveyor, hereby certify that the legal description hereon and the accompanying plat of evep.date represent an actual survey made on the ground under my supervision. rto, • rthi4zei Andrew J. Sh. fer Registered Professional Land Surveyor Texas No. 5017 TBPELS Firm No. 10029600 Page 1 of 2 Feb., 2021 LD_ROW PARCEL-7-34066.docx.docx 25 50 75 SCALE: 1 "=50' ci 100 lit SIR- IN/CAP 60G DROP kitIAD (c..383) (PRIVATE IVAT ROAD) 3/1-a 1 (C,A[.LED 11.5H7 !ACRE TRACT) TRACT 2 1/2' SIR NORTH TEX1S 7F1141CIPAL W/CAP WATER DISTRICT VOL. 3713, PG. 117 - 1L17.C.C.T_ (WILLED 19.2B ACRE TRACT) NORTH TEXAS ;MUNICIPAL 1) \TER DISTRICT VOL. 613 I, PC, :304 D.R.C.C.T. 1/2' FIR W/'RPLS 568G' CAP (C.M.) NE CORNER OF McKEE ADDN. LOT 1, BLK A (V. 2009, P. 449) NOTE: The Basis of Bearing is the Texas Coordinate System of 1983, North Central Zone (42021, based on ties to City of Wylie Monuments CM I, CM 2, CM 3. CM 4 and CM 5. LEGEND 1 /2'SIR W/CAP FIR U.T.S. C.M. R.O.W. DOC. NO. INSTR. NO. 0.P,R.C.C,T. P.R.C.C.T. I/2-INCH SET IRON ROD WITH YELLOW PLASTIC CAP STAMPED 'HALFF' FOUND IRON ROD UNABLE TO SET CONTROL MONUMENT RIGHT-OF-WAY DOCUMENT NUMBER INSTRUMENT NUMBER OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY,TEXAS PLAT RECORDS OF COLLIN COUNTY.TEXAS IL BEARING '2i 209 N00'38*31•E 4 -S66'0 U,T� .... .. i.. PARCEL NO, 7 RIGHT-OF-WAY. - DIGAT'1ON . ,463'SO. FT. 0106_ ACRES) Page 2 of 2 7'3T'E (C.M.) DISTANCE 20.45" WYLIE (CALLED 1.67 \l371: "I'LL\CT) K07DURl LTC INSTR. N0. 20 101)4 130001353GG0 O.P.It.C.C.T. PROJCT' SITE/ LOCATION MAP NOT TO SCALE,' LOT 1. BLOCK .'D.. t100DLANE "VILLAGE TITO CAB. 1. P(:. 520 P.R.C.C.T. (CALLED 10.31f1 ACRE TRAIT) I'LX5 NAT1ON.'1 CI \RD ARMORY BOARD VOL. 3208, PG. 89 D.R.D.C.T. EXHIBIT A PARCEL NO. 7 RIGHT-OF-WAY DEDICATION 463 SQ. FT. OR (0.0106 ACRES) SITUATED IN THE FRANCISCO DE LA PENA SURVEY, ABSTRACT NO. 688 CITY OF WYLIE, COLLIN COUNTY, TEXAS FOR CITY OF WYLIE PREPARED BY HALFF' HALFF ASSOCIATES, INC. ENGINEERS - SURVEYORS 1201 NORTH BOWSER ROAD - RICHARDSON, TEXAS - 75081-2275 TBPELS FIRM NO. 10029600 (214)346-6200 AVO. 34066 FEBRUARY, 2021 Exhibit "A.3" The ROW Parcel - 0.0574 INTERLOCAL COOPERATION AGREEMENT PAGE 10 EXHIBIT A PARCEL NO. 6 RIGHT OF WAY DEDICATION 2,501 SQ. FT. (0.0574 ACRES) BEING a 2,501 square foot (0.0574 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 that 19.28 acre tract of land described in Warranty Deed to North Texas Municipal Water District, as recorded in Volume 684, Page 384 of the Official Public Records of Collin County, Texas (O.P.R.C.C.T.), and being more particularly described as follows: BEGINNING at a set 1/2-inch iron rod with a yellow plastic cap stamped "HALFF" (hereinafter referred to as with "HALFF" cap) for the northeast corner of said 19.28 acre tract, on the west line of Eubanks Lane (County Road 389, a variable width right-of- way), and being on the south line of a tract of land described in deed to Dallas Area Rapid Transit Property Acquisition Corporation (DART), as recorded in Volume 3424, Page 126, O.P.R.C.C.T.; THENCE South 00 degrees 30 minutes 31 seconds West, departing said south line and with the east line of said 19.28 acre tract and said west line of Eubanks Lane, a distance of 140.43 feet to a set 1/2-inch iron rod with "HALFF" cap at the southeast corner of said 19.28 acre tract, said point being on the northeast line of a 100-foot wide Kansas City Southern Railroad Company (KCS Railroad Company) right-of-way, described in Deed without Warranty, as recorded in Instrument Number 94-0096329, O.P.R.C.C.T., and being on a non -tangent circular curve to the left having a radius of 5,779.58 feet and whose chord bears South 63 degrees 14 minutes 07 seconds West, a distance of 19.69 feet; THENCE Southwesterly, departing said Eubanks Lane, and along the common south line of said 19.28 acre tract and north line of said KCS Railroad Company tract, and along said curve, through a central angle of 00 degrees 11 minutes 43 seconds, for an arc distance of 19.69 feet to a set 1/2-inch iron rod with "HALFF" cap for corner; THENCE North 00 degrees 30 minutes 31 seconds East, departing said common line and over and across said 19.28 acre tract, a distance of 145.39 feet to a set 1/2-inch iron rod with "HALFF" cap on the common north line of said 19.28 acre tract and south line of said DART tract; THENCE North 77 degrees 27 minutes 21 seconds East, along said common line, a distance of 17.97 feet to the POINT OF BEGINNING AND CONTAINING 2,501 square feet or 0.0574 acres of land, more or less. Page 1 of 3 Feb., 2021 LD ROW PARCEL-6-34066.docx.docx EXHIBIT A PARCEL NO. 6 RIGHT OF WAY DEDICATION 2,501 SQ. FT. (0.0574 ACRES) The Basis of Bearing is the Texas Coordinate System of 1983, North Central Zone (4202), based on ties to City of Wylie Monuments CM 1, CM 2, CM 3, CM 4 and CM 5. I, Andrew J. Shafer, a Registered Professional Land Surveyor, hereby certify that the legal description hereon and the accompanying plat of even date represent an actual survey made on the ground under my supervision. Andrew J. Sh fer Registered Professional Land Surveyor Texas No. 5017 TBPELS Firm No. 10029600 tc„,zoal ANDREW J. SHAFER Iv 617 Page 2 of 3 Feb., 2021 LD_ROW PARCEL-6-34066.docx.docx N77°27'21 "E 17.97' 1/2' SIR W/CAP (CALLED 19.28 _ACRE TRACT) V1 NORTFI TEXAS MUNICIPAL RATER DISTRICT VOL. 684, PG_ 38.1 D.R.C.C.T. PARCEL NO. 6 RIGHT OF -WAY DEDICATION 2.501 SO. F T. 1 0.0574 ACRES) 01 M CD. I 0 zI <i 1/2' SIR W/CAP 0= 02'12'52" R= 5,679.58' L= 219.51' CL= 219.50' CB= N61'30'25"E 1/2' FIR W/'RPLS 5034' CAP (C.M,1 00"44'22" = 5,679,58` L. 73.30' CL= 73,30' CB= N62'59'02'E 1 1 T UAGNAIL WI/WASHER STAIAPEA 1 ALE1' 5/8` FIR W/GORRONDONA ASSOC. CAP (C.M.1 NOTE: The Basis of Bearing is the Texas Coordinate System of 1983. North Central Zone (4202), based on ties to City of Wylie Monuments CM 1, CM 2, CM 3, CM 4 and CM 5. LEGEND 1/2'SIR W/CAP FIR U.T.S. C.M. R.O.W. DOC. NO. INSTR. NO. a.P.R.C.C.T. P.R.C.C.T. 1/2-INCH SET IRON ROD WITH YELLOW PLASTIC CAP STAMPED 'HALFF' FOUND IRON ROD UNABLE TO SET CONTROL MONUMENT RIGHT-OF-WAY DOCUMENT NUMBER INSTRUMENT NUMBER OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY,TEXAS PLAT RECORDS OF COLLIN COUNTY,TEXAS LOT I, RI.00E "13" VV'OODLAKE VILLAGE TWO C'AB. I, PG. 520 P.R.C.C.T. (CALLED 10,31U ACRE TRACT) TEXAS NATIONAL GUARD ARMORY BOARD VOL. 3268, PG. 895 D.R,D.C.T. 00'114'S" 5, 779.58' 19.69' = 19.69' = S63°14'Q7"W ANDREW J. ,......5017 5!' FIR 1 R: [NDONA ASSOC. CAP (C.M.) AFER Page PROJECT SITE WYLIE LOCATION MAP NOT TO SCALE LOT 1I, BLOCK U' WOODLAKE VILLAGE CALI. G, I'G. 386 P.R,C.C.T. NORTH TEXAS MUNICIPAL WATER DISTRICT INSTR. N(1. 20 12I 121001 d91090 25 50 75 100 SCALE: 1 "=50' EXHIBIT A PARCEL NO. 6 RIGHT-OF-WAY DEDICATION 2,501 SQ. FT. OR (0.0574 ACRES) SITUATED IN THE FRANCISCO DE LA PENA SURVEY, ABSTRACT NO. 688 CITY OF WYLIE, COLLIN COUNTY, TEXAS FOR CITY OF WYLIE PREPARED BY HALFF HALFF ASSOCIATES, INC. ENGINEERS — SURVEYORS 1201 NORTH BOWSER ROAD — RICHARDSON, TEXAS — 75081-2275 TBPELS FIRM NO. 10029600 (214)346-6200 AVO. 34066 FEBRUARY, 2021 Exhibit "A.4" The ROW Parcel — 0.0563 INTERLOCAL COOPERATION AGREEMENT PAGE 11 EXHIBIT A PARCEL NO. 4 RIGHT OF WAY DEDICATION 2,454 SQ. FT. (0.0563 ACRES) BEING a 2,454 square foot (0.0563 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 that tract of land described in Special Warranty Deed to North Texas Municipal Water District, as recorded in Instrument Number 20121121001491090 of the Official Public Records of Collin County, Texas (O.P.R.C.C.T.), and being a part of Lot 1, Block B of Woodlake Village, an Addition to the City of Wylie, Texas, as recorded in Cabinet G, Page 386, Map Records of Collin County, Texas, and being more particularly described as follows: BEGINNING at a found 5/8-inch iron rod with a plastic cap stamped "Gorrondona Assoc." for the northwest end of a corner clip located at the intersection of the north line of Centennial Drive (60-foot wide right-of-way) with the east line of Eubanks Lane (County Road 389, a 32.5 foot wide right-of-way dedicated by said Woodlake Village addition); THENCE North 00 degrees 30 minutes 31 seconds East, with said east line of Eubanks Lane, a distance of 41.16 feet to a set 1/2-inch iron rod with a yellow plastic cap stamped HALFF (hereinafter referred to as "with HALFF cap") for corner; THENCE South 44 degrees 32 minutes 20 seconds East, departing said east line and over and across said Lot 1, a distance of 21.20 feet to a set 1/2-inch iron rod with HALFF cap at the beginning of a non -tangent circular curve to the left having a radius of 410.00 feet and whose chord bears North 78 degrees 30 minutes 35 seconds East, a distance of 161.64 feet; THENCE Easterly, continuing across said Lot 1, through a central angle of 22 degrees 44 minutes 13 seconds, for an arc distance of 162.70 feet to a set 1/2-inch iron rod with HALFF cap on said north line of Centennial Drive; THENCE South 67 degrees 08 minutes 29 seconds West, along said north line, a distance of 173.58 feet to a found 5/8-inch iron rod with "Gorrondona" cap at the southeast end of the aforementioned corner clip; THENCE North 56 degrees 09 minutes 25 seconds West, along said corner clip, a distance of 16.48 feet to the POINT OF BEGINNING AND CONTAINING 2,454 square feet or 0.0563 acres of land, more or less. Page 1 of 3 Feb., 2021 LD ROW PARCEL-4-34066.docx.docx EXHIBIT A PARCEL NO. 4 RIGHT OF WAY DEDICATION 2,454 SQ. FT. (0.0563 ACRES) The Basis of Bearing is the Texas Coordinate System of 1983, North Central Zone (4202), based on ties to City of Wylie Monuments CM 1, CM 2, CM 3, CM 4 and CM 5. I, Andrew J. Shafer, a Registered Professional Land Surveyor, hereby certify that the legal description hereon and the accompanying plat of even date represent an actual survey made on the ground under my supervision. rc Andrew J. Sha Registered Professional Land Surveyor Texas No. 5017 TBPELS Firm No. 10029600 dir,e6.1 ,gozi 17 Page 2 of 3 Feb., 2021 LD_ROW PARCEL-4-34066.docx.docx 5/8' FIR WPCORRONDONA ASSOC.CA (C.M.) POINT OF BEGINNING i/ 2' SIR W/CAP 0 0" z f 4 5/8' FIR 'CORI:101.40NA SSOC.' CAP (C.M.) LOT 1, BLOCK P WOODLAKE VILLAGE CAN. G, PG. 386 P.R. C.C.T. NORTH TEXAS MUNICIPAL liITER 1-1TRICT INSTR, NO. 20121.12100E491.090 0.P.R.C.C.T. 15' UTILITY EASEMENT CAB. G, PG. 386 P.R.C.C.T. PARCEL NO. 4 RIGHT-OF-WAY DEDICATION 2.454 SO. FT. (0.0563 ACRES) ,,W/CAP 5/8' FIR WrGORRONDONA ASSOC.' CAP ICMI N56°09'257W 1,6.48" NOTE: The Basis of Bearing Is the Texas Coordinate System of 1983. North Central Zone (4202), based an ties to City of Wylie Monuments CM I, CM 2, CM 3, CM 4 and CM 5. LEGEND I/2"SIR 1/2-INCH SET IRON ROD WITH YELLOW W/CAP PLASTIC CAP STAMPED 'HALFF' FIR U.T.S. C.M. R.O.W. DOC. NO. INSTR. NO. 0.P.R.C.C.T, P.R.C.C.T. (ANDREWJ SHAFER 5017 FOUND IRON ROD UNABLE TO SET CONTROL MONUMENT RIGHT-OF-WAY DOCUMENT NUMBER INSTRUMENT NUMBER OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY,TEXAS PLAT RECORDS OF COLLIN COUNTY,TEXAS Page 3 of 3 A= 22°44'13" R= 410.00' L= 162.70' CL= 161.64' CB= N 78°3035" E LOCATION MAP NOT TO SCALE 20' BUILDING LINE CAB. G. PG. 386 P.R.C.C.T. /2' SIR W/CAP LOT 1, BLOCK A WOODLANE VILLAGE CAB. G, PG. 383 P.R.C.C.T. (CALLED 15.75 1 ACRE TRACT) C.T. BECKHAM DOC. NO. 2002-0141111 VOL. 05260, PG. 01434 0.1.R.C.C.T, 0 25 oft:: 50 - 5/8' FIR WPGORRONDONA ASSOC.' CAP (C.M.) 75 100 SCALE: 1"=50' EXHIBIT A PARCEL NO. 4 R1GHT-OF-WAY DEDICATION 2,454 SQ. FT. OR (0.0563 ACRES) SITUATED IN THE FRANCISCO DE LA PENA SURVEY, ABSTRACT NO. 688 CITY OF WYLIE, COLLIN COUNTY, TEXAS FOR CITY OF WYLIE PREPARED BY alla • is HALFF. u • HALFF ASSOCIATES, INC. ENGINEERS - SURVEYORS 1201 NORTH BOWSER ROAD - RICHARDSON, TEXAS - 75081-2275 TBPELS FIRM NO. 10029600 (214)346-6200 AVO. 34066 FEBRUARY, 2021 Exhibit "B" to the ILA The Easement Area INTERLOCAL COOPERATION AGREEMENT PAGE 12 EXHIBIT "A" NORTH TEXAS MUNICIPAL WATER DISTRICT FK82514PIPELINE RELOCATIONS PROJECT NO. 101-0585-21 OWNER: WYL|E, CITY OF VARIABLE -WIDTH PERMANENT UTILITY EASEMENT S.B.SMELBYSURVEY, ABSTRACT NO. 82O CITY OFWYL|E,COLUN COUNTY, TEXAS BEING a11600 acre, variable -width permanent utility easement situated inthe ��Shelby Survey, Abstract Number 820, City of Wylie, Collin County, Texas, and being a portion of the 1.3176 Acre, Lot ZZ' Block 4' of yNeadowviaw Estates, an addition to the City of Wylie, Collin County, Texas recorded in Instrument Number 2004'0093969 of the Official Public Records of Collin County, Texas, and also being dedicated to the City of Wylie by said Meadowview Estates Plat, said variable - width permanent utility easement being more particularly described by metes and bounds as COMMENCING ata1/2inch iron rod (controlling monument) found capped ^RPB4653^ at the intersection of the Northeast corner of the Keefer Street Right -of -Way (a Variable Width unimproved Public Right -of -Way) and the Southwesterly line of the Union Pacific Railroad Company Right-uf-VVay(AVariable Width Railroad Right -of -Way recorded in volume 5028, page 4107, of the Official Public Records of Collin County for the Southeast corner of Lot 26 of said Block 4, from which a found iron rod (controlling monument) capped "RPLS 4653" in the East line of Lot 7, Blk K, Pointe North Addition, an addition to the City of Wylie according to the Plat Recorded in Cabinet F, Slide 221, Plat Records, Collin County, Texas for the Southwest corner of Lot 32, of said Block 4, bears North 88 degrees 55 minutes 50 seconds West, a distance of 604.95 feet; THENCE North 08 degrees 36 minutes 51 seconds East, along the East line of said Block 4, and with the West line of said Union Pacific Railroad Right -of -Way, o distance of 19d.47feet to a set 5/8- inch iron rod with red plastic cap stamped "CRIADO", at the beginning of a non -tangential curve to the right having a radius ofz96O.U9 feet, a central angle ofO5 degrees 12 minutes 29 seconds' and a chord bearing and distance of North 11 degrees 13 minutes 06 seconds East, 178.11 feet; THENCE with said curve and with the common line ofsaid Block 4and said Union Pacific Railroad Right -of -Way, passing a 1/2 inch iron rod found for the Southeast corner of Lot 24,Block 4'same being the Northeast corner of Lot 25, Block 4, at an arc distance of 32.83 feet, continuing for a total arzdimanceof17O.17feettoofound1/I'inchirunrodvvithcapstampediPHSURVEY|NG^'for the Southeast corner of Lot 22, Block 4, same being the Northeast corner of Lot 23, Block 4 for the POINT OF BEGINNING of the herein described 1.1600 acre variable -width permanent utility easement, said point also having agrid coordinate ofN~7'O6O'33Z.41' E=2'569'356.13based on Texas State Plane Coordinate System, North American Datum uf1983' (NAD'O3) (Epoch 2011)' North Central Zone (4ZUZ); THENCE North 88 degrees 54 minutes 20 seconds West, with the common line of said Lot lland Lot Z3,adistance of139.0Ofeettoa 1/2inch iron rod found, for the Southwest corner ofsaid Lot 22 and the Northwest corner of said Lot 23, in the East right-of-way line of Carver Drive, having a 5Ofoot public hQht-of-waywidth; THENCE North Uldegree O5minutes 40seconds East, with the West line ofsaid Lot 22and said East right-of-way line, a distance of 51.57 feet to a set 5/8-inch iron rod with red plastic cap stamped "CRIADO", for the Northwest corner of said Lot 22, Block 4 and the Southwest corner of Lot Z1ofsaid Block 4; THENCE North 74 degrees 37 minutes 04 seconds East, departing said East right-of-way line, and with the common line of said Lot 21, and said Lot 22, a distance of 126.53 feet for the Southeast corner ofsaid Lot Z1,and anangle point ofsaid Lot Z2, from which afound 1/Z'inchiron rod bears South 10 degrees 49 minutes 20 seconds East, a distance of 0.35 feet, said angle point being the beginning of a non -tangential curve to the right, having a radius of 1998.59 feet, a central angle of 26 degrees24 minutes 12seconds' and a chord bearing and distance of North 29 degrees Z1 minutes 40 seconds East, 912.87 feet; THENCE with said curve, anarc length nf9Zl.0Ofeet tuapoint for aninterior ell corner ofsaid Lot 22and the Northeast corner nfLot 9\ said Block 4, from which a found 1/2-inch iron rod bears North Z5degrees l9minutes 4Oseconds West, odistance ufO.51feet; THENCE North 47degrees 32minmes 32 seconds West, with the common line of said Lot 22and LotS\adbtnceof1Zl.5Ofeettoaset5/8inchinonmdvvithredp|asbccapstamped^CRiAoO^' for the Northeast corner ofsaid Lot 9,inthe said East hght-of-wayline ufCarver Drive, being ina non -tangential curve to the right, having a radius of 2260.68 feet, a central angle of 00 degrees 39 minutes 03 seconds, and a chord bearing and distance of North 42 degrees 53 minutes 34 seconds East, 25.d8feet; THENCE with said curve, the Northwesterly line of said Lot 22 and said East right-of-way line, an arc length ofZ5.68feet toa set 5/8inchiron rod with red plastic cap stamped ^[R|Ao0^'for the Northmost Northeasterly corner of said Lot 22 and the West corner of Lot 8, said Block 4; THENCE South 48 degreesU0 minutes 28second, East, a distance oflJ1.S3feet toa found 1/2- inch iron rod for the Southeast corner of Lot 8,and aninterior ell corner ofsaid Lot ZZ'being ina non -tangential curve to the right, having a radius of 1998.59 feet, a central angle of 00 degrees 34 minutes 24 seconds, and a chord bearing and distance of North 43 degrees 36 minutes 49 seconds East, ZO.UOfeet, THENCE with said curve, and the common line nfsaid Lot 8\and said Lot Z2,anarc length ofZO.0O feet, from which o set 5/8-inch iron rod with red plastic cap stamped ^[RiADO^ bears South 88 degrees 55minutes 17seconds East, adistance uf1J1feet; THENCE South 46 degrees 05 minutes 54 seconds East, departing the Southeasterly line of said Lot 8, over and across said Lot ZZ a distance of3823 feet to a set5/B'inch iron rod with red plastic cap stamped "CRIADO" on the Northwesterly line of said Union Pacific Railroad Company Right-of- Way,andbeinginanon-tangentia|cumetothe|ef,havingaradiusnfl96O.O9feet,auent,a|ang|e 30 degrees 04 minutes 46 seconds' and a chord bearing and distance of South 28 degrees 51 minutes 43 seconds West, 1017.24 feet; THENCE with said curve, with the Southeasterly line ofsaid Lot Z2,and the Northwesterly line of said Union Pacific Railroad Company Right -of -Way, an arc length of 1,029.02 feet to the POINT OF BEGINNING and containing 50,5]0square feet orl.16OOacres ofland. NOTE: Bearings are based on Global Positioning Satellite (GPS) System observations utilizing a local virtual reference system. Horizontal data is on the North American Datum of 1983 (NAD '83) (2011 Adjustment), with all distances adjusted to surface using a project combined scale factor of 1.00015271. Note: Map of Survey of even date attached herewith. Note: Surveyed on the ground August, 2021. Note: Unless otherwise noted, all corners of the easement are monumented with a 5/8- inch iron rod with a red cap stamped 'Criado'. Note: This survey was performed without the benefit of a title report. There may be easements and/or covenants affecting this property not shown hereon. *SURVEYOR'S CERTIFICATE* TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FORM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. r isCOL 8826 SUR Robert I Coleman, RPLS #6826 Registered Professional Land Surveyor Texas Registration No. 6826 Criado and Associates, Inc TBPLS Firm Registration No. 10163300 4100 Spring Valley Road, Suite 1001 Dallas, Texas 75244 (972) 392-9092 rcoleman@criadoassociates.com December 08 , 2021 Date (Exhibit "A") PAGE 3 OF 4 ADDITION CABINET F SLIDE 2 z 200' EXHIBIT A" 100' 200' SCALE: 1" = 200' CURVE ID RADIUS (FT) DELTA C1 C2 C3 1960.09 1998.59 2260.68 0512'29" 2624'12" 0019'03" C4 1998.59 0034'24" C5 1960.09 3004'46" UNE ID L1 L2 L3 L4 L5 L6 L7 LINE TABLE DIRECTION NO816.51E N8854'20W NO1 '05'40"E N7437.04E N4732'32-14! 54800.213E 54605'54E LENGTH (FT) 196.47 139.08 51.57 126.53 121.50 121.53 38.23 FACFMFNT CURVE TABLE LENGTH (FT) CHORD BEARING CHORD LENGTH (FT) 178.17 921.00 25.68 N1113'06E 1.42921'40E N4253'34E 20.00 N4336.49E 1029.02 92851.43"W TO NTMWD VOL. 668, PG. 729 D.R. C.C.T. PPROXIMATE LOCATION OF 30' EASEMENT & R.O.W. TO NTMWD VOL. 512, PG. 511 D.R.C.C.T. R.O.W.TO NTMWD VOL. 668, PG. 729 D.R.C.C. SIKORSKY COURT LOT 32 LOT LOT LOT LOT LO /2" IR FND 31 30 29 28 27 RPLS 4653 N88' 55' 50"W 604.95' N 1/2" IR FND 6 178.11 91287 25.68 20.00 1017.24 N: 7060332.41 E: 2569356.13 P.O.B. 1/2" IR FND JPH SURVEYING L2 1/2" IR FND 32.83 5/8" IR SET BEARS S8855' 17"E DIST 1.51' 1/2" IR FND BEARS N25' 19' 40"W DIST 0.51' L7 ERMANENT UTILITY EASEMENT 50,530 SQ.FT. 1.16 ACRE NOTES: 1. ALL BEARINGS ARE BASED ON THE TEXAS COORDINATE SYSTEM, NORTH CENTRAL ZONE (4202), NORTH AMERICAN DATUM 1983 - NAD 83 (2011), EPOCH 2010. ALL DISTANCES C5 AND COORDINATES SHOWN ARE SURFACE VALUES AND MAY BE CONVERTED TO GRID BY DIVIDING BY A COMBINED SCALE FACTOR OF 1.00015271. 2. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A 11TLE REPORT. THE SURVEYOR DID NOT RESEARCH SUBJECT PROPERTY TITLE INFORMATION AND/OR ENCROACHMENTS. THERE MAY BE EASEMENTS AND/OR RESTRICTIVE COVENANTS OF RECORD AFFECTING THIS PROPERTY WHICH ARE NOT SHOWN HEREON. 3. THIS SURVEY PLAT IS ACCOMPANIED BY A SEPARATE PROPERTY DESCRIPTION OF EVEN DATE. 4. THIS MAP OR PLAT WAS PREPARED FROM AN ACCURATE SURVEY CONDUCTED ON THE GROUND UNDER MY DIRECT SUPERVISION IN AUGUST 2021. 1/2" IR FND BEARS S10' 49' 20"E - DIST 0.35' LEGEND SET 5/8" IRON ROD WITH RED 0 PLASTIC CAP STAMPED "CRIADO" OR AS NOTED • MONUMENT FOUND (AS NOTED) DEED RECORDS OF COLLIN COUNTY, TEXAS OFFICIAL PUBLIC RECORDS OF 0.P.R.C.C.T. COWN couNTy, TEXAS EEFER STREET (VARIABLE WIDTH PUBLIC R.O.W.) /2" IR FND RPLS 4653 (C.M.) P.O.C. OR EXAS VUN C PA_ WA ER D S 501 EAST BROWN ST • P.O. BOX 2408 • WYLIE, TEXAS 75098 NORTH TEXAS MUNICIPAL WATER DISTRICT FM 2514 PIPELINE RELOCATIONS PARCEL NAME: LOT 22, BLOCK 4, MEADOWVIEW ESTATES OWNER: CITY OF WYLIE SURVEY: S.B. SHELBY SURVEY, ABSTRACT NO. 820 LOCATION: CITY OF WYLIE, COLLIN COUNTY, TEXAS EASEMENT ACQUISITION AREA: 50,530 SQ. FT. OR 1.1600 ACRES WHOLE PROPERTY ACREAGE: 1.3176 ACRES JOB NO. RI 4465.03 DATE: DECEMBER 8, 2021 DRAWN BY: MF PAGE 4 OF 4 CAD FILE: R14465.03 SCALE: 1" = 200' R D.R.C.C.T. P.R.C.C.T. VOL/PG. INST. NO. P.O.C. P.O.B. (C.M.) R.O.W. PLAT RECORDS OF COWN COUNTY, TEXAS VOLUME/PAGE INSTRUMENT NUMBER POINT OF COMMENCING POINT OF BEGINNING CONTROLLING MONUMENT RIGHT-OF-WAY WHOLE PROPERTY AND LOCATION MAP OF EASEMENT ROBERT I. COLEMAN REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS NO. 6826 CRIADO & ASSOCIATES, INC. • 4100 SPRING VALLEY ROAD, SUITE 1001, DALLAS, TX 75244 • PH. 972-392-9092 • FAX 972-392-9192 Exhibit "C" to the ILA Form of the Deed INTERLOCAL COOPERATION AGREEMENT PAGE 13 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATU •;L PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFOATION FROM ANY INSTRUMENT THAT T' • NSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECO r IN THE PUBLIC RECO S: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. SPECIAL WA + ' NTY DEED STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN THAT THE UNDERSIGNED NORTH TEXAS MUNICIPAL WATER DISTRICT, a conservation and reclamation district created pursuant to Section 59, Article XVI of the Texas Constitution, acting by and through its duly authorized representative, having its principal offices at 505 E. Brown Street, Wylie, Texas 75098, hereinafter referred to as "Grantor," for and in consideration of the sum of TEN DOLLARS ($10.00) cash, the obligations and duties contained in that certain Interlocal Agreement with Grantee, and other good and valuable consideration in hand paid by the Grantee, herein named, the receipt and sufficiency of which is hereby fully acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does hereby GRANT, SELL and CONVEY unto CITY OF WYLIE, a home -rule municipality located in Collin County, Texas, herein referred to as "Grantee," those certain 0.1634, 0.0106, 0.0574, and 0.0563 acre tracts of land situated in the Francisco De La Pina Survey, Abstract 688, Collin County, Texas, and being more fully described by metes and bounds and depicted in the attached EXHIBIT A, Exhbit A.1 — Exhbit A.4 (the "Property"). This conveyance, however, is made and accepted subject to the matters described in the attached EXHIBIT B, to the extent the same are validly existing and applicable to the Property (collectively, the "Permitted Exceptions"). TO HAVE AND TO HOLD the above described Property, together with all the rights and appurtenances lawfully accompanying it, by the Grantee, Grantee's successors and/or assigns forever; and Grantor does hereby bind Grantor, Grantor's successors and/or assigns to WARRANT AND FOREVER DEFEND all the said Property unto the said Grantee, Grantee's successors and/or assigns, against every person whomsoever claiming or to claim the same or any part thereof by, through, or under Grantor, but not otherwise, subject, however, to the Permitted Exceptions. [SIGNATURE PAGE FOLLOWS] 3549576 EXECUTED this date: 2022. NORTH TEXAS MUNICIPAL WATER DISTRICT, a political subdivision of the State of Texas By: Jennafer P. Covington, Executive Director and General Manager ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF COLLIN This instrument was acknowledged before me on _ , 2022, by JENNAFER P. COVINGTON, Executive Director and General Manager of the NORTH TEXAS MUNICIPAL WATER DISTRICT, a political subdivision of the State of Texas, on behalf of said NORTH TEXAS MUNICIPAL WATER DISTRICT. Notary Public in and for the State of Texas After recording please return to: 3549576 2 EXHIBIT A to the Special Warranty Deed Legal Description and Depiction of the Property See EXHIBIT A.1 — EXHIBIT A.4 EXHIBIT B to the Special Warranty Deed The Permitted Exceptions 3549576 4 EXHIBIT B The Permitted Exceptions Parcel No. 4: 1. The following easements and/or building lines, as shown on plat recorded in Volume G, Page 385, Real Property Records, Collin County, Texas: 20' building line; 15' utility easement 2. Easement granted by C.R. Hillis and wife, Lula B. Hillis to Texas Power & Light Company, filed 10/20/1954, recorded in Volume 491, Page 153, Real Property Records, Collin County, Texas. 3. Easement granted by Centennial Arapaho Development Venture to the City of Wylie, filed 05/13/1987, recorded in Volume 2626, Page 879, Real Property Records, Collin County, Texas. Parcel No. 6: 4. Undivided royalty interest in coal, lignite, oil, gas and other minerals, and all rights incident thereto, described in instrument filed 01/03/1938, recorded in Volume 316, Page 516, Real Property Records, Collin County, Texas. 5. Easement granted by G. P. Maynard and Cora M. Maynard to Texas Power & Light Company, filed 10/20/1954, recorded in Volume 491, Page 151, Real Property Records, Collin County, Texas. 6. Easement granted by G. P. Maynard and Cora M. Maynard to North Texas Municipal Water District, filed 12/31/1954, recorded in Volume 493, Page 448, Real Property Records, Collin County, Texas. Parcel No. 7: 7. Mineral estate and interest in coal, lignite oil, gas and other minerals together with all rights, privileges and immunities thereto described in instrument filed 02/11/1966, recorded in Volume 668, Page 528, Real Property Records, Collin County, Texas. 8. Mineral estate and interest in coal, lignite oil, gas and other minerals together with all rights, privileges and immunities thereto described in instrument filed 05/16/1966, recorded in Volume 684, Page 266, Real Property Records, Collin County, Texas. 4 3549576 Parcel No. 8: 9. Easement granted by Mary Margaret Pendery and Clinton C. Pendery to Wyle Northeast Water Supply Corporation, filed 08/10/1965, recorded in Volume 658, Page 542, Real Property Records, Collin County, Texas. 10. Easement granted by Mary Margaret O'Reilly Pendery and Clinton C. Pendery to North Texas Municipal Water District, filed 01/23/1967, recorded in Volume 684, Page 554, Real Property Records, Collin County, Texas. 11. Easement granted by John F. Pendery, et al to County of Collin, filed 02/28/1990, recorded in Volume 3227, Page 437, Real Property Records, Collin County, Texas. 12. Easement granted by E. M. Barnes and wife, Mamie Barnes to the public, filed 01/17/1928, recorded in Volume 270, Page 397, Real Property Records, Collin County, Texas. 13. Easement granted by North Texas Municipal Water District to the City of Wylie, filed 02/08/2006, recorded in cc# 20060208000167470, Real Property Records, Collin County, Texas. 5 3549576 Exhibit "D" to the ILA Form of the Easement INTERLOCAL COOPERATION AGREEMENT PAGE 14 OWNER: CITY OF WYLIE PARCEL NO.: 1 EASEMENT FOR RIGHT-OF-WAY WATER TRANSMISSION PIPELINE F.M. 2514 PIPELINE RELOCATIONS PROJECT NO. 101-0585-21 STATE OF TEXAS KNOWN ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN THAT the undersigned, CITY OF WYLIE, (hereinafter called "Grantor") for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) cash in hand paid by the NORTH TEXAS MUNICIPAL WATER DISTRICT (hereinafter called "Grantee") the receipt of which is hereby acknowledged and confessed, has granted, sold and conveyed, and by these presents, does grant, sell and convey unto the Grantee a Permanent Easement and right-of-way, in, over, across and through those certain premises owned by Grantor to construct, operate, reconstruct, replace, perpetually maintain and remove a pipeline, for the transportation of water, with all incidental equipment including communications equipment, cathodic protection devices, valves and associated appurtenances under, over or through the following described lands situated in Collin County, Texas: SEE ATTACHED EXHIBIT "A" FOR DESCRIPTION The Grantee shall utilize the easement for an underground pipeline and appurtenances, including communication facilities, and above grade appurtenances consisting of air valves, blow off valves, pipeline markers and cathodic protection equipment (referred to herein collectively as "Grantees Pipeline" or the pipeline) as may be required for its operation of the pipeline. The blow off valves shall be located so as to discharge any water from the pipeline into natural drainage areas currently existing on the Property. Grantee, and Grantee's successors and assigns, shall have the continued and unobstructed right of ingress and egress over the permanent easement granted for the installation, operation, repair, inspection, maintenance and replacement of Grantee's facilities. Grantee, and Grantee's successors and assigns, agrees to bury said pipeline to a depth of at least 48" from the top of the pipeline to existing ground surface. Grantee will, insofar as practicable, restore the ground disturbed by the laying, constructing, repairing, maintaining, replacing or removing of said pipeline, and will take such steps as may be reasonably required to prevent damage to the property of Grantor from soil erosion resulting from operations of Grantee hereunder. Grantee will separate the topsoil during construction by double -ditching and will restore said topsoil within the easement. Grantee shall leave the surface as nearly as reasonably possible as it was prior to the construction of the pipeline and will restore all improvements, including fences, driveways, sidewalks, bridges, drainage channels, and other improvements damaged through the use of said easement to substantially the same condition as they were prior to the construction of the pipeline. Grantee agrees to re -seed the grass areas of the easement after construction of said pipeline. F.M. 2514 Pipeline Relocations, Project No. 101-0585-21 Page 1 of 4 OWNER: CITY OF WYLIE PARCEL NO.: 1 Grantee has the right to trim or cut down or eliminate trees or shrubbery to the extent, in the reasonable judgment of Grantee, its successors and assigns, as may be necessary to prevent possible interference with the installation and operation of said pipelines and to remove possible hazards thereto, and the right to remove or prevent the construction of any and all improvements, buildings, reservoirs or other obstructions on said permanent easement, except as are specifically allowed under the terms hereof. Grantor shall not construct or permit to be constructed, any house, building, reservoir, or other prohibited improvement on or within the permanent easement or remove soil which would impair the lateral support for Grantee's pipeline or leave it with insufficient cover for the safe operation of said pipeline. However, Grantor retains the right, to cross the permanent easement area with fences, streets, roads, and utilities ("facilities") as set forth below provided that said facilities do not endanger or interfere with Grantee's pipeline and provided that Grantee is provided with a copy of the construction plans and drawings not less than 30 days before the beginning of construction of said facilities. Grantor shall not grant any other easements within the permanent easement which would (1) endanger or interfere with the safe and efficient operation of Grantee's pipeline, or (2) cross Grantee's easement at less than a 45 degree angle. Grantee may not fence or enclose the easement but may install gates in any fence along or crossing the easement for access. Notwithstanding the foregoing, in addition to Grantor's current use of the easement area, the following uses by Grantor in the easement shall be allowed after the pipeline(s) are installed so long as the uses do not endanger or interfere with Grantee's pipelines: (1) paving including sidewalks, hike & bike trails, streets, alleys, parking areas, sport courts, and other uses that require paving shall be allowed with no limits on the amount of paving, the number of crossing, or the angle that the paving crosses the easement save and except streets and alleys which shall cross at not less than 45 degrees; (2) landscaping limited to bushes, shrubs, trees, grass/sod, ground cover and other landscape materials shall be allowed; (3) sprinkler systems shall be allowed to maintain the landscaping and prevent erosion; (4) playgrounds including playground equipment, picnic tables, exercise stations, park benches, picnic covers, small shade structures shall be allowed; signage including street signs, traffic signs, park signs, exercise station signage, directional signs, and other signs typical to park and recreation areas shall be allowed; (5) fencing, including iron, wrought iron, chain link, and other metal type fencing, shall be allowed to fence an area in and such fencing shall be allowed to cross the easement area; (6) crossing the easement at any angle that will not interfere with Grantee's repair, maintenance or replacement with utilities as often as necessary, including water, sanitary sewer, storm sewer, gas, electric, data, cable telephone, and other utility lines typical to a residential subdivision. Any large trees and all lighting for the aforementioned uses must be located within 10 feet of the outside boundaries of the easement area. Any and all signs, poles, or other similar structures shall not have footings that would endanger the pipelines. If Grantee should abandon the rights granted herein for said pipeline and appurtenances constructed upon said land and, if such abandonment should continue for a continuous period of as long as thirty-six (36) months, all rights of Grantee herein shall terminate and revert to Grantor, their heirs, legal representatives, successors and assigns. Grantee shall have the right for one year following any termination of this easement to remove its pipe, valves and all other property. Following the expiration of such period, any such property remaining on said land shall be and become the property of Grantor. F.M. 2514 Pipeline Relocations, Project No. 101-0585-21 Page 2 of 4 OWNER: CITY OF WYLIE PARCEL NO.: 1 The above described easements and rights shall inure unto the said Grantee, and Grantee's successors and assigns, and the covenants and agreements contained herein shall constitute covenants running with the land, binding upon Grantor, its legal representatives, successors and assigns, for the benefit of Grantee, and Grantee's successors and assigns. Grantee shall have the right to assign the easement in whole or in part to one or more assignees. This Agreement is intended to encompass the complete and entire Agreement of the parties. Neither party has made or relied on any representations, stipulations, or agreements other than those expressly contained in this Agreement. No agent, officer, employee, or other representative of either party has the right or the authority to alter any of the terms of this Agreement. By executing this Easement, the undersigned represents that they are duly authorized to execute this document; that Grantor is the owner of fee simple title to the property across which the easement is being granted; that the property is held by Grantor free and clear of any liens or encumbrances and that Grantor is the sole party entitled to receive the consideration being paid for the easement. TO HAVE AND TO HOLD unto the said NORTH TEXAS MUNICIPAL WATER DISTRICT, its successors and assigns, the above described easement and right-of-way, and I do hereby bind myself, any heirs, executors, and administrators to warrant and forever defend all and singular the said premises to the NORTH TEXAS MUNICIPAL WATER DISTRICT, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof herein. WITNESS OUR HANDS this day of , 20 . G NTOR: CITY OF WYLIE Signature Printed Name Title ACKNOWLEDGMENT F.M. 2514 Pipeline Relocations, Project No. 101-0585-21 Page 3 of 4 OWNER: CITY OF WYLIE PARCEL NO.: 1 THE STATE OF TEXAS COUNTY OF Before me, the undersigned authority, on this day personally appeared , in his/her capacity as for CITY OF WYLIE, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 20 My Commission Expires: Notary Public in and for The State of Texas F.M. 2514 Pipeline Relocations, Project No. 101-0585-21 Page 4 of 4