Ordinance 2023-53 ORDINANCE NO. 2023-53
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ABANDONING RIGHT-
OF-WAY BEING A 0.093 ACRE DEAD END ALLEYWAY WITHIN THE
WOODED CREEK ESTATES ADDITION, AND TO. WAIVE THE
REQUIREMENT FOR AN APPRAISAL FOR SAID RIGHT-OF-WAY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property described herein as Exhibits "A" and "B", said right-of-way being
approximately 0.093 acres; and
WHEREAS, the principal owner of 2718 Spanish Oak Trail, adjacent to said right-of-way has
requested that the right-of-way be abandoned and offered for sale according to State law(LGC Sec 253.009)
and the City of Wylie Subdivision Regulations(Section 2.12); and
WHEREAS,the City of Wylie has determined that said right-of-way is no longer needed for public
access purposes,provided that existing utilities located within said right-of-way are converted to easements
through replatting or other legal instruments by the new owners acquiring said right-of-way; and
WHEREAS, the City of Wylie finds that it is in the public interest to waive the expense of an
appraisal and convey the properties for a fair amount;
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE,TEXAS:
SECTION 1: That the described right-of-ways as shown in Exhibits "A"and"B"attached are no
longer necessary for public access purposes, provided that existing utilities shall be located within
easements,and that said portion of right-of-way should be abandoned in favor of adjacent property owner.
SECTION 2: That this abandonment shall extend only to the public right-of-way,title and interest
which the City of Wylie,Texas may have in and to said right-of-way,and shall be construed to extend only
to such interest that the governing body of the City of Wylie may legally and lawfully abandon.
SECTION 3: That the City of Wylie, Collin County, for and in consideration of $5,000.00
dollars, have granted, sold, and conveyed, and by these presents do grant, sell, and convey unto the said
2718 Spanish Oak Trail, of the City of Wylie, in the state of Texas, all that certain properties as described
in Exhibits"A"and"B". To have and to hold the above described premises,together with all and singular
the rights and appurtenances thereto in any wise belonging, unto the said Brandon Newingham and Terra
McClain or assigns forever. And do hereby bind the City of Wylie,executors,and administrators to warrant
and forever defend all and singular the said premises unto the said Brandon Newingham and Terra McClain,
and assigns,against every person whomsoever, lawfully claiming or to claim the same,or any part thereof.
SECTION 4: That this ordinance shall be in full force and effect from and after its adoption by the
City Council,as the law in such cases provides.
Ordinance No.2023-53 Abandoning ROW within Wooded Creek Estates Page 1 of 2
DULY PASSED AND APPROVED by the City Council of the City of Wylie,Texas,this 14th
day of November,2023.
Matthew Porter, Mayor
ATTEST:
r
Stephanie Storm, City Secretary
GI
Ordinance No.2023-53 Abandoning ROW within Wooded Creek Estates Page 2 of 2
1529 E. I-30, STE. 106 GARLAND,
EXHIBIT A H D
GARLAND, TX 75043
FIRM REGISTRATION ALLEY SU
NO. 10194052 SITUATED IN
oft
MOSES SPARKS SURVEY,ABSTRACT NO.849 WWW.RIIODESSURVEYING.COM
WYLIE,COLLIN COUNTY, TEXAS
STATE OF TEXAS:
COUNTY OF COLLIN:
BEING a tract of land situated in the Moses Sparks Survey, Abstract No. 849, of Collin County,Texas, also being a
portion of Wooded Creek, Phase 2, as recorded in Volume 2014, Page 683, of the Map Records of Collin County,
Texas, as shown on this survey and being more particularly described by metes and bounds as follows;
BEGINNING at a 1/2 inch yellow-capped iron rod found for corner, said corner being the Southwest corner of Lot
2, Block A, being the North Right-Of-Way of Spanish Oak Trail, and being the Southeast corner of said tract;
THENCE North 89 degrees 59 minutes 29 seconds West, a distance of 20.00 feet,to a 1/2 inch yellow-capped iron
rod set for corner;
THENCE North 00 degrees 00 minutes 31 seconds East, a distance of 139.31 feet,to an 'X' set for corner;
THENCE South 89 degrees 45 minutes 18 seconds East, a distance of 60.09 feet,to a metal fence post found for
corner;
tow THENCE South 00 degrees 14 minutes 42 seconds West, a distance of 21.06 feet, to a metal fence post found for
corner, said corner being in a curve to the left having a radius of 38.00 feet;
THENCE continuing along said curve, a chord bearing of South 45 degrees 00 minutes 31 seconds West, a
distance of 53.74 feet, a central angle of 89 degrees 59 minutes 59 seconds, an arc length of 59.69,to a 1/2 inch
yellow-capped iron rod found for corner;
THENCE South 00 degrees 00 minutes 32 seconds West, a distance of 17.00 feet,to a 1/2 inch yellow-capped iron
rod set for corner;
THENCE South 05 degrees 43 minutes 09 seconds West, a distance of 20.10 feet,to a 1/2 inch iron rod found for
corner;
THENCE South 00 degrees 00 minutes 31 seconds West, a distance of 43.00 feet, to the PLACE OF BEGINNING
containing 4,072 square feet or 0.093 of an acre of land.
OF.Tel
0'1 T fRF�.9i1`
BRIAN S. RHODES 09/07/2023 ...............................S. RHODES
Re istered Professional Land Surveyor No. 5962 '• q� 5962
g BRIAN RHODES y lgNo suRv�'�oQ`
REGISTERED PROFESSIONAL LAND SURVEYOR
Job no.: 112632 1529 E. I-30, STE. 106-GARLAND,TX,75043
Drawn by: ABP PHONE 972-475-8940 1 of 2
1529 E. I-30, STE. 106 GARLAND, TX 75043 EXHIBIT Br(KptDFIRM REGISTRATION ALLEY
NO. 10194052 SITUATED IN
W W W.RHODESSURVEYING.COM
0 7.5 15 30 60 MOSES SPARKS SURVEY,ABSTRACT NO.849
SCALE: 1" = 30' WYLIE,COLLIN COUNTY,TEXAS
LEGEND Line Table
WOOD FENCE-h-TEXT
CHAIN UNK -o-IMPROVEMENTS
BOUNDARf LINE
IRON FENCE #f„-„�., L7&CK Line # Direction Length
WARE FENCE�(-j ` �_ BLOCK B
MAD-MONUMENTS OF RECORD DIGNITY L-1 S 00.00'32" W 17.00' SAGE CREEK PHASE IX A
01/2'RON ROD FOUR VOLUME 2008, PAGE 553
i_,1/2'YELLOW-CAPPED IRON ROD SET L-2 S 05.43'09" W 20.10'
U SET YX
❑METAL FENCE POST FOUND FOR COINER
01/2'YELLOW-'MPED IRON ROD FOLIO
CJPK MAIL FOUND
g=LEI;Derr o= S 89'45'18" E cv
®-GAS METER • -POWER POLE 0.8
kNLESS
FIE HYDRANT ®-TELEPHO E 131.00'n 6 qt c0
LIGHT POLE ®-WATER METER O�MANHOLE ®-WATER VALVE OTHERWISE NOTED NE CORNER OF
LOT 1, BLOCK B DRAIN O N
WOODED CREEK ESTATES, PHASE 1 4,072 SQ. Fr. O
VOLUME 0, PAGE 372 a p.0,0 OF AN ACRE
MRD 3 0.5• (n
11-4
0.6' �
0.5' OO �pj '\ �1
Cn 0.3' , O/ �
LOT 1, BLOCK A
WOODED CREEK ESTATES, PHASE 1
VOLUME 0, PAGE 372 /
J G� LOT 2, BLOCK A
LLJ 0.5' WOODED CREEK, PHASE 2
VOLUME 2014, PAGE 683
k2.7'
.5'
rh
O OO
O
Z �
0
r7 O z
O OZ
O P6Z
O LLLJ
O m
P 355.00'
'59'2CORNER OF
BLOCK 20.00' WOODED CREEK, PHASE 2
4, PAGE 683
MRD
'S SHOWN HEREON AS PAN I S H OAK TRAIL MRDFOR DIRECTIONAL CON ROBASIS
LL
�; of TE
.........
STE''+•V
RF�.••,r
BRIAN S. RHODES 09/07/2023
THIS CERTIFICATION DOES NOT BRIAR S. RHODES
TAKE INTO CONSIDERATION '""""""""""".""'
q 5962 �.
Registered Professional Land Surveyor No. 5962 ACCURATELTITLE FACT SEARCH THATAN
OR ��F �o?P
BRIAN RHODES EXAMINATION MIGHT DISCLOSE. $URv�yOQ
Scale: 1" = 30' REGISTERED PROFESSIONAL LAND SURVEYOR
Job no.: 112632 1529 E.I-30, STE. 106-GARLAND,TX,75043
Drawn by: ABP PHONE 972-475-8940 2 OF 2
Collin County
Honorable Stacey Kemp
Collin County Clerk
*VG-69-2023-2023000135114*
Instrument Number: 2023000135114
Real Property
ORDINANCE
Recorded On: November 27, 2023 10:10 AM Number of Pages: 6
" Examined and Charged as Follows: "
Total Recording: $42.00
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: 2023000135114 CITY OF WYLIE
Receipt Number: 20231127000548 300 COUNTRY CLUB BLDG#100
Recorded Date/Time: November 27, 2023 10:10 AM
User: Dwayne K WYLIE TX 75098
Station: Station 11
STATE OF TEXAS
Collin County
I hereby certify that this Instrument was filed in the File Number sequence on the date/time
printed hereon,and was duly recorded in the Official Public Records of Collin County,Texas
Honorable Stacey Kemp
* Collin County Clerk (:;2*ftVW
Collin County, TX