Ordinance 2022-36 ORDINANCE NO. 2022-36
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS,
APPROVING THE TERMS AND CONDITIONS OF A BOUNDARY
ADJUSTMENT AGREEMENT BETWEEN THE CITY OF WYLIE AND THE
CITY OF LAVON; AUTHORIZING THE MAYOR TO EXECUTE THE
BOUNDARY ADJUSTMENT AGREEMENT ON BEHALF OF THE CITY OF
WYLIE; CLARIFYING THAT THE PROPERTY AS DESCRIBED IN THE
BOUNDARY ADJUSTMENT AGREEMENT RELEASED FROM WYLIE'S
EXTRATERRITORIAL JURISDICTION AND INCORPORATED INTO
LAVON'S EXTRATERRITORIAL JURISDICTION; PROVIDING A
REPEALING/SAVINGS CLAUSE, SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE.
WHEREAS,the City Council of the City of Wylie,Texas("City Council")desires to enter into a
Boundary Adjustment Agreement between the City of Wylie,Texas("Wylie")and the City of Lavon,Texas
("Lavon"),as set forth in Exhibit 1, attached hereto and incorporated herein by reference; and
WHEREAS,the City Council finds that it would be advantageous and beneficial to Wylie and its
citizens to approve the Boundary Adjustment Agreement and to confirm that the property described in the
Boundary Adjustment Agreement is released from Wylie's extraterritorial jurisdiction and incorporated
into Lavon's extraterritorial jurisdiction in order to promote orderly development and delivery of municipal
services within such property; and
WHEREAS, the City Council finds that all legal notices, procedures and other requirements for
approving the Boundary Adjustment Agreement have been performed and completed in the manner and
form required by law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE,TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body
of this Ordinance as if fully set forth herein.
SECTION 2: Approval of Boundary Agreement. The City Council hereby approves the terms and
conditions of the Boundary Adjustment Agreement attached as Exhibit 1. The Mayor is authorized and
directed to execute,on behalf of Wylie,the Boundary Adjustment Agreement attached as Exhibit 1.
SECTION 3: Official Map and Boundaries Amended. Upon adoption of this Ordinance and the
mutual execution of the Boundary Agreement, the official map and boundaries of Wylie shall be amended,
if necessary, in accordance with the Boundary Agreement. A certified copy of this Ordinance with the
mutually executed Boundary Adjustment Agreement shall be filed in the County Clerk's Office of Collin
County, Texas.
SECTION 4: Savings/Repealing Clause. All provisions of any ordinance in conflict with this
Ordinance are hereby repealed to the extent they are in conflict,but such repeal shall not abate any pending
prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being
commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of
said ordinances shall remain in full force and effect.
Ordinance 2022-36-Approving Boundary Adjustment Agreement with Lavon Page 1 of 3
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SECTION 5: Severability. Should any section, subsection, sentence, clause or phrase of this
Ordinance be declared unconstitutional and/or invalid by a court of competent jurisdiction, it is expressly
provided that any and all remaining portions of this Ordinance shall remain in full force and effect. The
City Council hereby declares that it would have passed this Ordinance, and each section, subsection,
sentence, clause and phrase thereof regardless of the fact that any one or more sections, subsections,
sentences, clauses or phrases is declared unconstitutional and/or invalid.
SECTION 6: Effective Date. This Ordinance shall become effective from and after its adoption.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS on this 26th day of April,2022.
C/-
atthew Porter, Mayor
ATTESTED TO AND
CORRECTLY RECORDED BY: ^
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Stephanie Storm, City Secretary if
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Exhibit 1
Boundary Adjustment Agreement
[8 pages attached hereto]
Ordinance 2022-36-Approving Boundary Adjustment Agreement with Lavon Page 3 of 3
3686462
STATE OF TEXAS §
COUNTY OF COLLIN §
BOUNDARY ADJUSTMENT AGREEMENT BETWEEN
THE CITIES OF LAVON AND WYLIE
WHEREAS,the City of Lavon, Texas ("Lavon"), is a Type A, General Law municipality
created pursuant to state law, and located in Collin County, Texas; and
WHEREAS, the City of Wylie, Texas ("Wylie"), is a home-rule municipality created
pursuant to state law, and located in Collin County, Texas; and
WHEREAS, both Lavon and Wylie (collectively, "Parties") are empowered to enter into
agreements concerning their respective extraterritorial jurisdiction ("ETJ") boundaries and
corporate limit boundaries by, but necessarily limited to, the authority granted them pursuant to
Chapter 791 of the Texas Government Code,known as the Interlocal Cooperation Act to enter into
agreements with one another to perform governmental functions such as the determination of ETJ
boundaries and corporate limit boundaries; and
WHEREAS, Wylie is empowered pursuant to Section 42.023 of the Texas Local
Government Code to reduce its ETJ boundaries by ordinance or resolution; and
WHEREAS, Wylie is empowered pursuant to Section 43.003 of the Texas Local
Government Code to fix its ETJ boundaries and corporate limit boundaries and to exchange area
with other municipalities; and
WHEREAS, Lavon is empowered pursuant to Section 42.022(d) of the Texas Local
Government Code to expand its ETJ through annexation to include area that on the date of
annexation is located in the ETJ of another municipality if a written agreement between Lavon and
the other municipality is in effect on the date of annexation and allocates the area to the ETJ of
Lavon; and
WHEREAS, Lavon and Wylie share common boundaries; and
WHEREAS, Lavon and Wylie have identified an area that is within Wylie's ETJ,
consisting of one tract of land, the legal description and depiction of which are attached hereto
Exhibit A and incorporated herein for all purposes (collectively, the "Property"); and
WHEREAS, the Property is within one-half mile of the corporate limits of Lavon; and
1
WHEREAS,the Parties desire to identify a mutually agreeable ETJ boundary between the
two communities, and provide a mechanism designed to ensure, to the extent legally permissible,
that both cities have agreed upon boundaries upon which they can rely so that each city may have
certainty in its respective planning and development decisions for these areas; and
WHEREAS, the Parties agree that it is in the best interests of the residents of their
respective communities to establish mutually agreeable ETJ boundaries; and
WHEREAS, the Parties have determined that this Boundary Adjustment Agreement
Between the Cities of Lavon and Wylie ("Agreement") is in each party's best interests, as well as
in the best interests of their respective citizens,and that this Agreement concerns only the Property.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
herein made and the benefits to each party resulting here from, and the recitals set forth above
which are made contractual provisions of this Agreement, Lavon and Wylie do hereby contract,
covenant and agree as follows with respect to the Property:
SECTION 1. FINDINGS INCORPORATED.
The foregoing recitals are hereby incorporated into the body of this Agreement and shall
be considered part of the mutual covenants, consideration and promises that bind the Parties.
SECTION 2. TERM.
This Agreement shall become effective upon the date of the last party to execute this
Agreement(the "Effective Date") and shall remain in effect in perpetuity,to the extent authorized
by law, until and unless terminated by agreement of the Parties.
SECTION 3. AGREEMENT.
The Parties hereby agree to establish and recognize the new extraterritorial jurisdiction
boundary delineated in Exhibit A as attached hereto. Wylie, through this Agreement, hereby
releases, relinquishes, waives, and discontinues any claim, jurisdiction, or entitlement to the
Property as being within Wylie's ETJ as a result of the herein described boundary adjustment, to
the extent that any such claim,jurisdiction, or entitlement existed as of the Effective Date of this
Agreement, and allocates the Property to the ETJ of Lavon.
SECTION 4. MISCELLANEOUS PROVISIONS.
The following miscellaneous provisions are a part of this Agreement:
2
A. The persons signing this Agreement on behalf of the cities have been duly
authorized and empowered to do so by a vote of their respective governing bodies and the passage
of an appropriate ordinance. The adoption of any such ordinance or the performance of any other
action hereunder shall be contingent, and neither shall be deemed effective nor enforceable by one
of the parties against the other, unless and until such time as both parties have adopted such an
ordinance or taken such other necessary acts as mirror the other's acts. This Agreement may be
executed in one or more counterparts, each of which shall be deemed an original and all of which
shall constitute one and the same document.
B. This Agreement may not be assigned. It embodies the entire agreement between
the Parties and may not be amended except in writing.
C. In the event that one or more of the provisions contained in this Agreement for any
reason shall be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality
or unenforceability of this Agreement shall be construed as if such invalid, illegal or unenforceable
provision had never been contained herein, but shall not affect the remaining provisions of this
Agreement, which shall remain in full force and effect.
D. This Agreement shall be governed by and construed in accordance with the laws of
the State of Texas, and all obligations of the Parties created hereunder are performable in Collin
County, Texas. Venue for any action arising under this Agreement shall lie in the state district
courts of Collin County, Texas.
E. This Agreement shall supersede and replace any and all prior agreements between
the Parties regarding the matters addressed in this Agreement to the extent of any conflict
between this Agreement and any such prior agreements.
F. The Parties agree that Wylie shall have no obligations to provide municipal services
to or otherwise exert jurisdiction over the Property, it being the parties' intent that Lavon has the
right and obligation to provide municipal services to the Property, subject to ordinances and
regulations of Lavon and Texas law.
G. Wylie hereby waives all of its jurisdiction, if any, in or to the Property. It is
expressly agreed and understood that this waiver shall operate only in favor of the parties to this
Agreement and shall not constitute a waiver of any right, including ETJ rights, which either party
may be able to assert against any other municipality. The Parties agree that nothing in this
Agreement releases, relinquishes, diminishes, waives or lessens in any way the rights that either
party may have, at law or in equity, to challenge or contest any other annexations, attempted
annexations or jurisdictional claims made by the other party, not related to the Property.
3
H. This Agreement is for the benefit of the parties, and does not and shall not confer
or extend any benefit or privilege to any third party.
EXECUTED this the 26th day of April, 2022.
ATTEST: CITY OF LAVON, TEXAS
Rae Norton, City Secretary Vicki Sanson, Mayor
ATTEST: CITY OF WYLIE, TEXAS
Stephanie Storm, City Secretary Matthew Porter, Mayor
4
EXHIBIT A
Legal Description and Depiction of the Property
SITUATED in the State of Texas and the County of Collin, being part of the W. A. S. Bohannan Survey,
Abstract No. 121, being all of a called 40 acre tract of land conveyed to Betty Boyd Skelton by deed
recorded in Volume 4996, Page 5221 of the Deed Records of Collin County, Texas and being more
particularly described as follows:
BEGINNING at a 1/2 inch iron rod capped "Roome" set for corner in the west right-of-way line of State
Highway 205(100 foot right-of-way)and marking the northeast comer of a tract of land described in a deed
to Iola Albright and recorded in Volume 700, Page 110 of the Deed Records of Collin County, Texas and
the southeast comer of said 40 acre tract;
THENCE with the general line of a wire fence, the north line of said Albright tract and the south line of
said 40 acre tract, South 89°28'29" West, 1564.77 feet to 1/2 inch iron pipe found for comer in the east line
of a called 44.61 acre tract of land conveyed to the City of Dallas by deed recorded in Volume 698, Page
367 of the Deed Records of Collin County, Texas and marking the northwest corner of said Albright tract
and the southwest corner of said 40 acre tract;
THENCE with the east line of said 44.61 acre tract and the west line of said 40 acre tract as follows:
North 34°01'59" East,450.00 feet to a City of Dallas monument found for comer,
North 03°40'18" East,434.58 feet to a City of Dallas monument found for corner,
North 04°08,07" West,235.31 feet to a point for comer, and
North 25°00'30" West, 241.40 feet to a City of Dallas monument found for comer in the south line of a
called 19.501 acre tract of land conveyed to S R Equipment Company, Ltd. by deed recorded in Document
No. 201000610000588700 of the Deed Records of Collin County, Texas and marking the northeast corner
of said 44.61 acre tract and the northwest comer of said 40 acre tract;
THENCE with the south line of said 19.501 acre tract and the north line of said 40 acre tract, South
88°46'35" East,344.09 feet to a 1/2 inch capped iron rod found for comer in the west line of Grand Heritage
- West C, an addition to the City of Lavon, Collin County, Texas, according to the plat thereof recorded in
Volume 2008, Page 290 of the Plat Records of Collin County, Texas and marking the southeast comer of
said 19.501 acre tract and a northeast comer of said 40 acre tract;
THENCE with the west line of said Grand Heritage - West C and an east line of said 40 acre tract, South
00°28*03" West, 11.55 feet to a 1/2 inch iron rod capped "Roome" set for comer marking the southwest
comer of said Grand Heritage- West C and an ell corner of said 40 acre tract;
THENCE with the south line of said Grand Heritage - West C, the south line of a called 2.94 acre tract
conveyed to DPB Investments, LP by deed recorded in Document No. 20110606000576510 of the Deed
Records of Collin County, Texas, the south line of a called 2.04 acre tract conveyed to World Land
5
Developers, LP by deed recorded in Document No. 20071213001657580 of the Deed Records of Collin
County,Texas and the north line of said 40 acre tract,South 88°17'02" East, 1320.94 feet to a 1/2 inch iron
rod found for comer in the curving west right-of-way line of State Highway 205 and marking the southeast
corner of said 2.04 acre tract and the northeast comer of said 40 acre tract;
THENCE southwesterly with said west right-of-way line,the east line of said 40 acre tract and with a curve
to the right having a radius of 5679.58 feet,a central angle of 12°17'06", an arc length of 1217.79 feet and
a chord bearing and distance of South 12°21'45" West, 1215.46 feet to the Point of Beginning and
containing 42.058 acres of land, more or less.
LESS that certain property taken by condemnation conveyance to the State of Texas identified as that
certain 65,859 square feet of land, more or less in W.A.S. Bohannan Survey, Abstract No. 121, Collin
County, Texas, and being part of a called 42.058 acre tract of land conveyed by General Warranty Deed
from Idena, LLC to 3002 HOP, Ltd., executed May 9, 2016, as recorded in Instrument No.
20160511000577640, Official Public Records, Collin County, Texas (O.P.R.C.C.T.), said 65,859 square
feet(1.5119 Acres)of land being more particularly described by metes and bounds as follows:
COMMENCING at a found 1/2 inch iron pipe(controlling monument)for the southwest corner of
said 3002 HOP, Ltd. tract, being on the north line of a called 57 acre tract of land conveyed in a
deed to Iola K. Albright,executed December 15, 1964,as recorded in Volume 700, Page 110,said
Official Public Records(O.P.R.C.C.T.);
THENCE North 89 degrees 29 minutes 42 seconds East, along the south line of said 3002 HOP,
Ltd. tract and the north line of said Iola K. Albright tract, a distance of 1,503.68 feet to a 5/8 inch
iron rod with pink plastic cap stamped"TEXAS DEPARTMENT OF TRANSPORTATION ROW
MONUMENT"* (hereafter referred to as a set"TxDOT"monument)on the new west right of way
line of State Highway 205(a variable width right of way),and at the POINT OF BEGINNING,and
being 75.00 feet left of Station 1210+20.07,and have a N.A.D. 83 (2011 Adjustment),Texas State
Plane North Central Zone (4202) surface coordinate of Northing 7,058,577.42 and Easting
2,594,774.76, being the beginning of a curve to the left;
1) THENCE departing the south line of said 3002 HOP, Ltd.tract and the north line
of said Iola K. Albright tract, alone the new west right of way line of said State Highway 205,
1,222.51 feet along the arc of said curve to the left,through a central angle of 10 degrees 06 minutes
53 seconds, having a radius of 6,925.00 feet and long chord which bears North 13 degrees 16
minutes 52 seconds East, 1,220.92 feet to a set"TxDOT"monument*on the north line of said 3002
HOP, Ltd.tract and the south line of a called 3.401 acre tract of land conveyed as Tract No. 4 in a
deed to DPB Investments, LP executed January 1, 2010, as recorded in Instrument No.
201110606000576510, said Office Public Records(O.P.R.C.C.T.);
2) THENCE South 88 degrees 14 minutes 55 seconds East, departing the new west
right of way line of said State Highway 205, along the north line of said 3002 HOP, Ltd. tract and
the south line of said DPB Investments, LP Tract No.4,a distance of 41.31 feet to a found 3/8 inch
6
iron rod (controlling monument) for the northeast corner of said 3002 HOP, Ltd. tract and the
southeast corner of said DPB Investments, LP Tract No. 4, on the existing west right of way line
of State Highway 205 (a 100 feet wide right of way)described in a deed to the State of Texas, as
recorded in Volume 388, Page 365, Deed Records, Collin County, Texas (D.R.C.C.T.), being the
beginning of a curve to the right;
3) THENCE departing the north line of said 3002 HOP, Ltd. tract and the south line
of said DPB Investments, LP Tract No 4, along the existing west right of way line of said State
Highway 205 and the east line of said 3002 HOP, Ltd. tract, 1,216.88 feet along the arc of said
curve to the right,through a central angle of 12 degrees 16 minutes 33 seconds, having a radius of
5,679.58 feet and a long chord which bears South 12 degrees 20 minutes 55 seconds West, 1,214.56
feet to a found 3/8 inch iron rod with cap stamped"ROOKE"or"ROOME"for the southeast corner
of said 3002 HOP, Ltd. tract and the northeast corner of said Iola K. Albright tract.
7
April 5, 2022 Boundary
CITY OF WYLIE and CITY OF LAVON
CURRENT BOUNDARY
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2022 -2022000075498 05/12/2022 08:27 AM Page 1 of 12
ORDINANCE NO.2022-36
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS,
APPROVING THE TERMS AND CONDITIONS OF A BOUNDARY
ADJUSTMENT AGREEMENT BETWEEN THE CITY OF WYLIE AND THE
CITY OF LAVON; AUTHORIZING THE MAYOR TO EXECUTE THE
BOUNDARY ADJUSTMENT AGREEMENT ON BEHALF OF THE CITY OF
WYLIE; CLARIFYING THAT THE PROPERTY AS DESCRIBED IN THE
BOUNDARY ADJUSTMENT AGREEMENT RELEASED FROM WYLIE'S
EXTRATERRITORIAL JURISDICTION AND INCORPORATED INTO
LAVON'S EXTRATERRITORIAL JURISDICTION; PROVIDING A
REPEALING/SAVINGS CLAUSE, SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE.
WHEREAS,the City Council of the City of Wylie,Texas("City Council")desires to enter into a
Boundary Adjustment Agreement between the City of Wylie,Texas("Wylie")and the City of Lavon,Texas
("Lavon"),as set forth in Exhibit I,attached hereto and incorporated herein by reference;and
WHEREAS,the City Council finds that it would be advantageous and beneficial to Wylie and its
citizens to approve the Boundary Adjustment Agreement and to confirm that the property described in the
Boundary Adjustment Agreement is released from Wylie's extraterritorial jurisdiction and incorporated
into Lavon's extraterritorial jurisdiction in order to promote orderly development and delivery of municipal
services within such property;and
WHEREAS, the City Council finds that all legal notices, procedures and other requirements for
approving the Boundary Adjustment Agreement have been performed and completed in the manner and
form required by law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE,TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body
of this Ordinance as if fully set forth herein.
SECTION 2: Approval of Boundary Agreement. The City Council hereby approves the terms and
conditions of the Boundary Adjustment Agreement attached as Exhibit I. The Mayor is authorized and
directed to execute,on behalf of Wylie,the Boundary Adjustment Agreement attached as Exhibit I.
SECTION 3: Official Map and Bounda les Amended. Upon adoption of this Ordinance and the
mutual execution of the Boundary Agreement,the official map and boundaries of Wylie shall be amended,
if necessary, in accordance with the Boundary Agreement. A certified copy of this Ordinance with the
mutually executed Boundary Adjustment Agreement shall be filed in the County Clerk's Office of Collin
County,Texas.
SECTION 4: Savings/Repealing Clause. All provisions of any ordinance in conflict with this
Ordinance are hereby repealed to the extent they are in conflict,but such repeal shall not abate any pending
prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being
commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of
said ordinances shall remain in full force and effect.
Ordinance 2022-36-Approving Boundary Adjustment Agreement with Lavon Page I of 3
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SECTION 5: Severability. Should any section, subsection, sentence, clause or phrase of this
Ordinance be declared unconstitutional and/or invalid by a court of competent jurisdiction, it is expressly
provided that any and all remaining portions of this Ordinance shall remain in full force and effect. The
City Council hereby declares that it would have passed this Ordinance, and each section, subsection,
sentence, clause and phrase thereof regardless of the fact that any one or more sections, subsections,
sentences,clauses or phrases is declared unconstitutional and/or invalid.
SECTION 6: Effective Date. This Ordinance shall become effective from and after its adoption.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS on this 26th day of April,2022.
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atthew Porter, Mayor
ATTESTED TO AND fl
CORRECTLY RECORDED BY:oitt,pkamAl ditevaL $F11. ••,) \
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L Exhibit 1
Boundary Adjustment Agreement
[8 pages attached hereto]
1
L
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2022 -2022000075498 05/12/2022 08:27 AM Page 4 of 12
STATE OF TEXAS §
COUNTY OF COLLIN §
BOUNDARY ADJUSTMENT AGREEMENT BETWEEN
THE CITIES OF LAVON AND WYLIE
WHEREAS, the City of Lavon,Texas("Lavon"), is a Type A, General Law municipality
created pursuant to state law, and located in Collin County,Texas;and
WHEREAS, the City of Wylie, Texas ("Wylie"), is a home-rule municipality created
pursuant to state law, and located in Collin County, Texas;and
WHEREAS, both Lavon and Wylie(collectively, "Parties") are empowered to enter into
agreements concerning their respective extraterritorial jurisdiction ("ETJ") boundaries and
corporate limit boundaries by, but necessarily limited to, the authority granted them pursuant to
Chapter 791 of the Texas Government Code,known as the Interlocal Cooperation Act to enter into
agreements with one another to perform governmental functions such as the determination of ETJ
boundaries and corporate limit boundaries; and
WHEREAS, Wylie is empowered pursuant to Section 42.023 of the Texas Local
Government Code to reduce its ETJ boundaries by ordinance or resolution; and
WHEREAS, Wylie is empowered pursuant to Section 43.003 of the Texas Local
Government Code to fix its ETJ boundaries and corporate limit boundaries and to exchange area
with other municipalities; and
WHEREAS, Lavon is empowered pursuant to Section 42.022(d) of the Texas Local
Government Code to expand its ETJ through annexation to include area that on the date of
annexation is located in the ETJ of another municipality if a written agreement between Lavon and
the other municipality is in effect on the date of annexation and allocates the area to the ETJ of
Lavon; and
WHEREAS,Lavon and Wylie share common boundaries;and
WHEREAS, Lavon and Wylie have identified an area that is within Wylie's ETJ,
consisting of one tract of land, the legal description and depiction of which are attached hereto
Exhibit A and incorporated herein for all purposes (collectively, the"Property"); and
WHEREAS, the Property is within one-half mile of the corporate limits of Lavon; and
1
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WHEREAS,the Parties desire to identify a mutually agreeable ETJ boundary between the
two communities, and provide a mechanism designed to ensure, to the extent legally permissible,
that both cities have agreed upon boundaries upon which they can rely so that each city may have
certainty in its respective planning and development decisions for these areas; and
WHEREAS, the Parties agree that it is in the best interests of the residents of their
respective communities to establish mutually agreeable ETJ boundaries; and
WHEREAS, the Parties have determined that this Boundary Adjustment Agreement
Between the Cities of Lavon and Wylie("Agreement")is in each parry's best interests, as well as
in the best interests of their respective citizens,and that this Agreement concerns only the Property.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
herein made and the benefits to each party resulting here from, and the recitals set forth above
which are made contractual provisions of this Agreement, Lavon and Wylie do hereby contract,
covenant and agree as follows with respect to the Property:
SECTION 1. FINDINGS INCORPORATED.
The foregoing recitals are hereby incorporated into the body of this Agreement and shall
be considered part of the mutual covenants, consideration and promises that bind the Parties.
SECTION 2. TERM.
This Agreement shall become effective upon the date of the last party to execute this
Agreement(the"Effective Date")and shall remain in effect in perpetuity, to the extent authorized
by law,until and unless terminated by agreement of the Parties.
SECTION 3. AGREEMENT.
The Parties hereby agree to establish and recognize the new extraterritorial jurisdiction
boundary delineated in Exhibit A as attached hereto. Wylie, through this Agreement, hereby
releases, relinquishes, waives, and discontinues any claim, jurisdiction, or entitlement to the
Property as being within Wylie's ETJ as a result of the herein described boundary adjustment, to
the extent that any such claim,jurisdiction, or entitlement existed as of the Effective Date of this
Agreement,and allocates the Property to the ETJ of Lavon.
SECTION 4. MISCELLANEOUS PROVISIONS.
The following miscellaneous provisions are a part of this Agreement:
2
2022 -2022000075498 05'1212022 08:27 AM Page 6 of 12
A. The persons signing this Agreement on behalf of the cities have been duly
authorized and empowered to do so by a vote of their respective governing bodies and the passage
of an appropriate ordinance. The adoption of any such ordinance or the performance of any other
action hereunder shall be contingent,and neither shall be deemed effective nor enforceable by one
of the parties against the other, unless and until such time as both parties have adopted such an
ordinance or taken such other necessary acts as mirror the other's acts. This Agreement may be
executed in one or more counterparts, each of which shall be deemed an original and all of which
shall constitute one and the same document.
B. This Agreement may not be assigned. It embodies the entire agreement between
the Parties and may not be amended except in writing.
C. In the event that one or more of the provisions contained in this Agreement for any
reason shall be held to be invalid,illegal or unenforceable in any respect,such invalidity,illegality
or unenforceability of this Agreement shall be construed as if such invalid,illegal or unenforceable
provision had never been contained herein, but shall not affect the remaining provisions of this
Agreement,which shall remain in full force and effect.
D. This Agreement shall be governed by and construed in accordance with the laws of
the State of Texas, and all obligations of the Parties created hereunder are performable in Collin
County, Texas. Venue for any action arising under this Agreement shall lie in the state district
courts of Collin County,Texas.
E. This Agreement shall supersede and replace any and all prior agreements between
the Parties regarding the matters addressed in this Agreement to the extent of any conflict
between this Agreement and any such prior agreements.
F. The Parties agree that Wylie shall have no obligations to provide municipal services
to or otherwise exert jurisdiction over the Property, it being the parties' intent that Lavon has the
right and obligation to provide municipal services to the Property, subject to ordinances and
regulations of Lavon and Texas law.
G. Wylie hereby waives all of its jurisdiction, if any, in or to the Property. It is
expressly agreed and understood that this waiver shall operate only in favor of the parties to this
Agreement and shall not constitute a waiver of any right,including ETJ rights, which either party
may be able to assert against any other municipality. The Parties agree that nothing in this
Agreement releases, relinquishes, diminishes, waives or lessens in any way the rights that either
party may have, at law or in equity, to challenge or contest any other annexations, attempted
annexations or jurisdictional claims made by the other party, not related to the Property.
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H. This Agreement is for the benefit of the parties,and does not and shall not confer
or extend any benefit or privilege to any third party.
EXECUTED this the 26th day of April,2022.
ATTEST: CITY OF LAVON,TEXAS
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Rae Norton,City Secretary Vicki Sanson, ayor :a : •
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ATTEST: CITY OF WYLIE,TEXAS
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Stephanie Storm,City Secretary Matthew Porter,Mayor
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EXHIBIT A
Legal Description and Depiction of the Property
SITUATED in the State of Texas and the County of Collin,being part of the W. A. S. Bohannan Survey,
Abstract No. 121, being all of a called 40 acre tract of land conveyed to Betty Boyd Skelton by deed
recorded in Volume 4996, Page 5221 of the Deed Records of Collin County, Texas and being more
particularly described as follows:
BEGINNING at a 1/2 inch iron rod capped"Roome" set for corner in the west right-of-way line of State
Highway 205(100 foot right-of-way)and marking the northeast comer of a tract of land described in a deed
to Iola Albright and recorded in Volume 700,Page 110 of the Deed Records of Collin County,Texas and
the southeast corner of said 40 acre tract;
THENCE with the general line of a wire fence, the north line of said Albright tract and the south line of
said 40 acre tract,South 89°28'29"West,1564.77 feet to 1/2 inch iron pipe found for comer in the east line
of a called 44.61 acre tract of land conveyed to the City of Dallas by deed recorded in Volume 698, Page
367 of the Deed Records of Collin County,Texas and marking the northwest corner of said Albright tract
and the southwest comer of said 40 acre tract;
THENCE with the east line of said 44.61 acre tract and the west line of said 40 acre tract as follows:
North 34°01'59" East,450.00 feet to a City of Dallas monument found for corner,
North 03°40'18"East,434.58 feet to a City of Dallas monument found for comer,
North 04°08,07"West,235.31 feet to a point for corner,and
North 25°00'30" West, 241,40 feet to a City of Dallas monument found for corner in the south line of a
called 19.501 acre tract of land conveyed to S R Equipment Company,Ltd.by deed recorded in Document
No.201000610000588700 of the Deed Records of Collin County,Texas and marking the northeast corner
of said 44.61 acre tract and the northwest corner of said 40 acre tract;
THENCE with the south line of said 19.501 acre tract and the north line of said 40 acre tract, South
88°46'35"East,344.09 feet to a 1/2 inch capped iron rod found for corner in the west line of Grand Heritage
-West C,an addition to the City of Lavon,Collin County,Texas,according to the plat thereof recorded in
Volume 2008, Page 290 of the Plat Records of Collin County,Texas and marking the southeast corner of
said 19.501 acre tract and a northeast comer of said 40 acre tract;
THENCE with the west line of said Grand Heritage-West C and an east line of said 40 acre tract, South
00°28*03" West, 11.55 feet to a 1/2 inch iron rod capped "Roome" set for corner marking the southwest
corner of said Grand Heritage-West C and an ell corner of said 40 acre tract;
THENCE with the south line of said Grand Heritage - West C, the south line of a called 2.94 acre tract
conveyed to DPB Investments, LP by deed recorded in Document No. 20110606000576510 of the Deed
Records of Collin County, Texas, the south line of a called 2.04 acre tract conveyed to World Land
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Developers, LP by deed recorded in Document No. 20071213001657580 of the Deed Records of Collin
County,Texas and the north line of said 40 acre tract,South 88°17'02" East, 1320.94 feet to a 1/2 inch iron
rod found for corner in the curving west right-of-way line of State Highway 205 and marking the southeast
corner of said 2.04 acre tract and the northeast comer of said 40 acre tract;
THENCE southwesterly with said west right-of-way line,the east line of said 40 acre tract and with a curve
to the right having a radius of 5679.58 feet,a central angle of 12°17'06",an arc length of 1217.79 feet and
a chord bearing and distance of South 12°21'45" West, 1215.46 feet to the Point of Beginning and
containing 42.058 acres of land,more or less.
LESS that certain property taken by condemnation conveyance to the State of Texas identified as that
certain 65,859 square feet of land, more or less in W.A.S. Bohannan Survey, Abstract No. 121, Collin
County, Texas, and being part of a called 42.058 acre tract of land conveyed by General Warranty Deed
from Idena, LLC to 3002 HOP, Ltd., executed May 9, 2016, as recorded in Instrument No.
20160511000577640, Official Public Records, Collin County, Texas (O.P.R.C.C.T.), said 65,859 square
feet(1.5119 Acres)of land being more particularly described by metes and bounds as follows:
COMMENCING at a found 1/2 inch iron pipe(controlling monument)for the southwest corner of
said 3002 HOP, Ltd. tract,being on the north line of a called 57 acre tract of land conveyed in a
deed to Iola K.Albright,executed December 15, 1964,as recorded in Volume 700,Page 110, said
Official Public Records(O.P.R.C.C.T.);
THENCE North 89 degrees 29 minutes 42 seconds East, along the south line of said 3002 HOP,
Ltd.tract and the north line of said Iola K. Albright tract, a distance of 1,503.68 feet to a 5/8 inch
iron rod with pink plastic cap stamped"TEXAS DEPARTMENT OF TRANSPORTATION ROW
MONUMENT"*(hereafter referred to as a set"TxDOT"monument)on the new west right of way
line of State Highway 205(a variable width right of way),and at the POINT OF BEGINNING,and
being 75.00 feet left of Station 1210+20.07,and have a N.A.D. 83(2011 Adjustment),Texas State
Plane North Central Zone (4202) surface coordinate of Northing 7,058,577.42 and Fasting
2,594,774.76,being the beginning of a curve to the left;
1) THENCE departing the south line of said 3002 HOP,Ltd.tract and the north line
of said Iola K. Albright tract, alone the new west right of way line of said State Highway 205,
1,222.51 feet along the arc of said curve to the left,through a central angle of 10 degrees 06 minutes
53 seconds, having a radius of 6,925.00 feet and long chord which bears North 13 degrees 16
minutes 52 seconds East, 1,220.92 feet to a set"TxDOT"monument*on the north line of said 3002
HOP,Ltd.tract and the south line of a called 3.401 acre tract of land conveyed as Tract No.4 in a
deed to DPB Investments, LP executed January 1, 2010, as recorded in Instrument No.
201110606000576510,said Office Public Records(O.P.R.C.C.T.);
2) THENCE South 88 degrees 14 minutes 55 seconds East, departing the new west
right of way line of said State Highway 205, along the north line of said 3002 HOP,Ltd. tract and
the south line of said DPB Investments,LP Tract No.4,a distance of 41.31 feet to a found 3/8 inch
6
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iron rod (controlling monument) for the northeast corner of said 3002 HOP, Ltd. tract and the
southeast corner of said DPB Investments, LP Tract No. 4, on the existing west right of way line
of State Highway 205 (a 100 feet wide right of way)described in a deed to the State of Texas,as
recorded in Volume 388, Page 365, Deed Records, Collin County,Texas(D.R.C.C.T.),being the
beginning of a curve to the right;
3) THENCE departing the north line of said 3002 HOP,Ltd.tract and the south line
of said DPB Investments, LP Tract No 4, along the existing west right of way line of said State
Highway 205 and the east line of said 3002 HOP, Ltd. tract, 1,216,88 feet along the arc of said
curve to the right,through a central angle of 12 degrees 16 minutes 33 seconds,having a radius of
5,679.58 feet and a long chord which bears South 12 degrees 20 minutes 55 seconds West, 1,214.56
feet to a found 3/8 inch iron rod with cap stamped"ROOKE"or"ROOMS"for the southeast corner
of said 3002 HOP,Ltd.tract and the northeast corner of said Iola K.Albright tract.
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April 5,2022 Boundary
CITY OF WYLIE and CITY OF LAVON
CURRENT BOUNDARY
rio4r....... . 141
NEW BOUNDARY
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2022-2022000075498 05/12/2022 8:31 AM Page 12 of 12
Collin County
Honorable Stacey Kemp
Collin County Clerk
Instrument Number: 2022000075498
eRecording-Real Property
ORDINANCE
Recorded On: May 12, 2022 08:27 AM Number of Pages: 12
" Examined and Charged as Follows: "
Total Recording: $66.00
***********THIS PAGE IS PART OF THE INSTRUMENT***********
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information: Record and Return To:
Document Number: 2022000075498 Simplifile
Receipt Number: 20220512000025
Recorded Date/Time: May 12, 2022 08:27 AM
User: Shannon C
Station: Station 3
STATE OF TEXAS
Co COUNTY OF COLLIN
o
I hereby certify that this Instrument was FILED In the File Number sequence on the date/time
ioN •
< printed hereon,and was duly RECORDED in the Official Public Records of Collin County,Texas.
�$ Honorable Stacey Kemp
*** " Can County Clerk Collin County,TX Cis' a �`�