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10-27-2009 (City Council) Agenda Packet Wylie City Council CITY OF WYLIE NOTICE OF MEETING Regular Meeting Agenda October 27, 2009 - 6:00 pm Wylie Municipal Complex - Council Chambers 2000 Highway 78 North Eric Hogue Mayor M. G. "Red" Byboth Mayor Pro Tern David Goss Place 1 Kathy Spillyards Place 3 Bennie Jones Place 4 Rick White Place 5 Carter Porter Place 6 Mindy Manson City Manager Richard Abernathy City Attorney Carole Ehrlich City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wvlietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: �ti��-u-.tillaicte�c{_r. ov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.442.8100 or TD 972.442.8170. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE PRESENTATION • Presentation to 1st Six Weeks Star Students — Character Trait of "Responsibility". (E. Hogue, Mayor/Council) • Presentation and Recognition of participants in National Community Planning Month. (E. Hogue, Mayor/R. 011ie, Planning Director) October 27,2009 Wylie City Council Regular Meeting Agenda Page 2 of 3 CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes of the October 13, 2009 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, Ordinance No. 2009-34 setting the dates and time of the City of Wylie City Council meetings for the calendar year 2010. (C. Ehrlich, City Secretary) C. Consider, and act upon, Resolution No. 2009-30(R) authorizing submittal of a project application to the State Energy Conservation Officer for funding made available through the Energy Efficiency and Conservation Block Grant. (J. Butters, Assistant City Manager) D. Consider, and act upon, Resolution No. 2009-31(R) authorizing the Mayor to enter into an Interlocal Agreement with Collin County and the Rita Smith Public Library for library services for FY 2009-2010. (R. Orozco, Library Director) E. Consider, and act upon, a Final Plat for Newport Harbor Ground Storage and Pump Station, Block A, Lot 1, establishing an industrial lot on 1.1962 acres and designating utility easements on the property. The property is generally located north of Anchor Drive and Spinnaker Way adjacent to the Newport Harbor Subdivision. (R. 011ie, Planning Director) F. Consider, and place on file, the City of Wylie Monthly Preliminary Revenue and Expenditure Reports as of September 30, 2009. (L. Vaughan, Finance Director) REGULAR AGENDA Public Hearing 1. Hold a second Public Hearing for the annexation of a 0.189 mile segment of County Line Road between the Collin County Line and the Rockwall County Line and a 0.284 mile segment between Elm Grove Road and Wells Road. (R. 011ie, Planning Director) Executive Summary This annexation is at the request of Dallas County and defined as orphan roads. Orphan Roads are all or part of a street or road-right-of-way which is outside the incorporated limits of a municipality (or municipalities) and the incorporated area of the municipality (or municipalities) abuts or extends into the right-of-way. These roadway segments have, in effect,been"orphaned"by the abutting city(or cities) that October 27,2009 Wylie City Council Regular Meeting Agenda Page 3 of 3 they serve in that they have been left unincorporated. The Dallas County Commissioner's office has since requested that the city consider omitting the 0.284 mile portion of Pleasant Valley Road from the requested annexation. General Business 2. Consider, and act upon, approval of a request from Mr. Fawad Nayeb for Abandonment of that northern portion of Right-of-Way described as a 70 ft. R.O.W. of Third Street consisting of 0.2162 acres. Generally located north of Oak Street and South of S.H. 78. (R. 011ie, Planning Director) Executive Summary The applicant, Mr. Fawad Nayeb is requesting that the City of Wylie abandon that portion of Third Street located north of Oak Street and south of S.H. 78 to allow expansion of his current facility located at 401 S. H. 78 N. The subject right-of-way is depicted in Exhibit No. 1 and currently being used as a public street. The street currently dead-ends into S.H. 78,but does not allow access to S.H. 78. The City of Wylie is the only other property owner adjacent to the subject public right-of-way. 3. Consider, and act upon, approval of a the location of two additional kiosk plazas in accordance with Ordinance No. 2008-33, Section 9.E. (R. 011ie, Planning Director) Executive Summary With the adoption of Sign Ordinance No. 2009-21, replacing and repealing Sign Ordinance No. 2003-14 and 2008-33, Council has moved forward in providing for homebuyers and citizens directions to the location of housing developments, homebuilders, public facilities and community events within the city while discouraging the placement of unsightly and hazardous off-site directional signs. In accordance with Section 9.E the contractor is providing a location map depicting two new proposed locations for Kiosk plazas for Council approval. WORK SESSION • Review and discuss the Interior Designs for the new City of Wylie Municipal Complex. (M. Manson, City Manager) RECONVENE INTO REGULAR SESSION Take any action as a result from Work Session. READING OF ORDINANCE Title and caption approved by Council as required by Wylie City Charter, Article III, Section 13-D. ADJOURNMENT CERTIFICATION I certify that this Notice of Meeting was posted on this 23rd day of October, 2009 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.l�vlietexas.'ov. Carole Ehrlich,City Secretary Date Notice Removed Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: October 27, 2009 Item Number: Presentation Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: October 21, 2009 Budgeted Amount: Exhibits: Subject Presentation and recognition of participants in the National Community Planning Month. Recommendation None Discussion In recognition of their involvement and willingness to participate in the City of Wylie's National Community Planning Month (NCPM) the Planning Department humbly acknowledges our sincere appreciation to all those that made this event special. For the third consecutive year the Planning Department has recognized the month of October as national Community Planning Month. With the support of the Council and the WISD Administration, again the 5th and 6th grade students have presented art work displaying their young artistic talents. This year's theme is "Wylie 20/20" and allows the students to present how they see Wylie in the year 2020. We are thankful to Mr. Mike Lipe, Director of Fine Arts who spearheaded the coordination with the teachers. A special thank you to the teachers who again allowed us to be a part of their curriculum: Ms. Tina Stanfield, Draper Intermediate; Ms. Charlotte Pickett, Harrison Intermediate and Ms. Atlanta Tigert of Davis Intermediate. We were excited and fortunate to display 86 pieces of artwork. Approved By Initial Date Department Director RO 10/21/09 City Manager s_/ /GO<4/0(1 Page 1 of 1 Wylie City Council CITY OF WYLIE i- Minutes Wylie City Council Tuesday, October 13, 2009 - 6:00 pm Wylie Municipal Complex- Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor Eric Hogue called the meeting to order at 6:00 p.m. with the following Wylie City Council members present: Mayor ProTem Red Byboth, Councilwoman Kathy Spillyards, Councilman Rick White, and Councilman Bennie Jones. Councilman Goss arrived at 6:08 p.m. and Councilman Carter Porter was absent. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Fire Chief, Randy Corbin; City Engineer, Chris Hoisted; Public Services Director, Mike Sferra; Planning Director, Renae' 011ie; Police Chief, John Duscio; Building Official, Mike McAnnally; Finance Director, Linda Vaughan; City Secretary, Carole Ehrlich; Public Information Officer, Craig Kelly, and various support staff. Prior to the invocation and Pledge of Allegiance, Mayor Hogue announced that Fire Chief Randy Corbin would be leading the invocation. He reported that this October is the 100th Birthday of the Wylie Fire Department. He noted that minutes from 1909 where it was noted that the Wylie City Council approved the purchase or two buckets and an ax to begin the Wylie Fire Department. Many services have changed since that time; last year the department answered 2,600 calls for service. He asked those present to congratulate the Wylie Fire Department on this milestone event. INVOCATION & PLEDGE OF ALLEGIANCE Fire Chief Randy Corbin gave the invocation and Girl Scout Troop 1838 led the Pledge of Allegiance. Girl Scouts present included: Annie Gunther, Elizabeth Krolczyk, Sophie DeMolay, Taylor Davis, Ashton Wagner, Shelby Dudley, Haylea Cloves, Haley Strong, Victoria Bell, and Summer Blair. Troop leader present was Sherrie Krolczyk. PRESENTATION • Presentation by State Representative Jodie Laubenberg to City of Wylie Mayor Eric Hogue. Minutes October 13, 2009 Wylie City Council Page 1 State Representative Jodie Laubenberg presented Mayor Eric Hogue with a gavel used by the Texas Legislature during their last session. She thanked him for his commitment to the City of Wylie, and advocating on behalf of the City during the previous legislative sessions. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. Gilbert Tamez, Sr., residing at 3104 Hinnart Court, Wylie, TX, addressed council thanking them for the implementation of the Nixie Alert System as part of the arsenal available to citizens of the city for emergency communications. He reported that he had signed up for the service through the webpage and was receiving alerts on his cell phone specifically for the areas in and around Wylie. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes of the September 22, 2009 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, Resolution No. 2009-26(R) authorizing submittal of a grant application to the National Central Texas Council of Governments for state solid waste implementation funds. (M. Sferra, Public Services Director) C. Consider, and act upon, Ordinance No. 2009-31 amending regulations to Zoning Ordinance No. 2001-48, Article 6, as it relates to the proposed addition of Section 6.4 and the creation of the South Ballard Overlay, including district boundaries and design standards and Article 5 as it relates to allowed uses. ZC 2009-06. (R. 011ie, Planning Director) D. Consider, and act upon, Resolution No. 2009-27(R)authorizing the City Manager to execute an Interlocal Agreement with Collin County concerning the construction of FM 1378 from Brown Street to Parker Road. (City Engineer, C. Holsted) E. Consider and act upon a request from Harrison Intermediate School PTA to hold a Fall Festival with a community garage sale/arts and crafts fair at Olde City Park on Saturday,November 14,2009. (R. Diaz, Recreation Superintendent) F. Consider, and act upon, awarding of a bid and authorizing the City Manager to execute an Annual Mowing Contract with Signature Contracting Services for mowing and litter control within the City of Wylie. (J. Holcomb, Purchasing Manager) Council Action A motion was made by Councilman White, seconded by Councilman Jones to approve the consent agenda as presented. A vote was taken and the motion passed 6-0 with Councilman Porter absent. Minutes October 13, 2009 Wylie City Council Page 2 REGULAR AGENDA Public Hearing 1. Hold a Public Hearing for the annexation of a 0.189 mile segment of County Line Road between the Collin County Line and the Rockwall County Line and a 0.284 mile segment between Elm Grove Road and Wells Road. (R. 011ie, Planning Director) Executive Summary City Manager Manson addressed council stating that this annexation is at the request of Dallas County and defined as orphan roads. She reported that Dallas County has requested the city to annex these portions of the roadways. Orphan Roads are all or part of a street or road-right-of-way which is outside the incorporated limits of a municipality (or municipalities) and the incorporated area of the municipality (or municipalities) abuts or extends into the right-of-way. These roadway segments have, in effect, been "orphaned" by the abutting city (or cities) that they serve in that they have been left unincorporated. If annexed, the City of Wylie will be responsible for maintenance, operation, enforcement, police and /or emergency services within these unincorporated rights-of-way. Ms. Manson explained that since the time of the request from Dallas County, additional communication has been received from the county, asking the city to remove the section of Pleasant Valley from the annexation. She reported that due to the public hearings posting and publications, the annexations, combined, would both move forward through the two public hearings, but the roads could be approved separately at the pleasure of the council during the action item. Public Hearing Mayor Hogue opened the public hearing at 6:17 p.m. asking anyone present wishing to address council on these annexations to come forward and limit their comments to three minutes. Cliff Martin and Pat Martin. residing at 4040 Avion (Dallas County), spoke against the proposed annexation of orphan road Pleasant Valley. Lee Rose, residing at 5400 Pleasant Valley (Dallas County), spoke against the proposed annexation of orphan road Pleasant Valley. Jeff Jones, residing at 9407 Wells (Dallas County), spoke against the proposed annexation of orphan road Pleasant Valley. Councilman Goss commented that this annexation of orphan roads was for portions of roadways only and did not affect properties other than the roadways. Mayor Hogue closed the public hearing at 6:35 p.m. No action was required on this item. The second public hearing is scheduled for October 27, 2009 and the annexations will be considered on November 10, 2009. General Business Tabled from September 22,2009 2. (MOTION TO REMOVE FROM TABLE) Consider, and act upon, approval of a Resolution appointing a representative to the Board of Directors of the Collin Central Appraisal District for a two year term beginning January 1, 2010. (M. Manson, City Manager) Minutes October 13, 2009 Wylie City Council Page 3 Staff Comments City Manager Manson addressed council stating that this item was tabled to allow time to receive candidate endorsements from other cities. No endorsements were received as of October 9, 2009. The deadline for submission of candidates is October 15, 2009. The City of Wylie has 64 votes that they may cast for the Board of Directors of the Central Appraisal District of Collin County for a two year term beginning January 1, 2010. It is noted that each voting unit may nominate one to five candidates. This is the first step of the process in which nominations are accepted. Council Discussion Mayor ProTem Byboth asked if it would behoove the city, next year, to solicit other small cities and school districts to provide one nominee to represent these smaller entities. City Manager Manson replied that the city certainly could do that. Mayor ProTem Byboth recommended that next year the city solicit other cities and school districts prior to the nomination process to pool votes for one nominee. City Manager Manson stated that this could be done three months prior to the nomination process. Councilman Goss asked if Steve Wright could be nominated this year if he was contacted prior to the October 15`h deadline, to see if he was willing to serve. Councilman Goss stated that he would contact Mr. Wright to make sure of his wiliness to serve on the board if nominated and appointed. City Manger Manson noted that he could make the motion conditionally upon his acceptance to serve. Councilman Goss said he would contact Mr. Wright. Council Action A motion was made by Councilman Goss, seconded by Councilman Jones to approve a resolution conditionally appointing Steve Wright as a nominee for representative to the Collin County Appraisal District Board of Directors for a two year term beginning January 1, 2010. A vote was taken and the motion passed 6-0 with Councilman Porter absent. 3. Consider, and act upon, Ordinance No. 2009-32 repealing the fee established in Section I of Ordinance No. 1992-14; amending the fee established by Chapter 54, Article IV Section 54-66 (Weeds, Rubbish, Insanitary matter) of the Wylie Code of Ordinances; amending Exhibit "A" of Ordinance No. 2009-12 (Consolidated Fee Ordinance) to establish a fee for the abatement of weeds, rubbish and insanitary matter and the abatement of graffiti; providing for a penalty for the violation of this ordinance; providing for a repealing, savings and severability clauses; providing for an effective date of this ordinance; and providing for the publication of the caption hereof. (J. Butters, Assistant City Manager) Staff Comments Assistant City Manager Butters addressed council stating that the consolidated fee ordinance amendment proposed would add two fees to our existing ordinance; (1) Graffiti abatement fee. Council recently amended the graffiti ordinance so that the City can abate graffiti and assess the cost of the abatement to a property owner only after first offering to abate the graffiti for free. According to State Law we must have a fee in our fee ordinance in order to charge for the graffiti abatement, and (2) Administrative fee for tall grass and weeds abatement. This fee would reimburse the city for some of the time spent when Code Enforcement has to hire a mowing contractor to have property mowed and place a lien on the property. The proposed fee would be $75.00 per lot or tract. Council Action A motion was made by Mayor ProTem Byboth, seconded by Councilman White to approve Ordinance No. 2009-32 repealing the fee established in Section I of Ordinance No. 1992-14; Minutes October 13, 2009 Wylie City Council Page 4 amending the fee established by Chapter 54, Article IV Section 54-66 (Weeds, Rubbish, Insanitary matter) of the Wylie code of Ordinances; amending Exhibit "A" of Ordinance No. 2009-12 (Consolidated Fee Ordinance) to establish a fee for the abatement of weeds, rubbish and insanitary matter and the abatement of graffiti; providing for a penalty for the violation of this ordinance; providing for a repealing, savings and severability clauses; providing for an effective date of this ordinance; and providing for the publication of the caption hereof. A vote was taken and the motion passed 6-0 with Councilman Porter absent. 4. Consider, and act upon, Resolution No. 2009-28(R) authorizing the City Manager to execute an Interlocal Agreement with Collin County concerning the completion of Antiquities Permit #5296 for the construction of FM 1378 from FM 544 to Brown Street. (C. Holsted, City Engineer) Staff Comments City Engineer Hoisted addressed council stating that in 1999 Collin County funded the design of FM 1378 from FM 544 to Brown Street. The roadway was owned by the Texas Department of Transportation (TxDOT) and included some funding through the Federal Highway Administration and during the design process, environmental studies were completed which identified a historically significant site. TxDOT did not have sufficient funding for the construction of the project and as a result the City and County secured funding through the Regional Toll Revenue Funding Initiative. In January 2009 TxDOT released ownership of the roadway to the City of Wylie which accelerates the construction process and results in a lower construction cost. Although the city has now taken ownership of the road from TXDOT, it did not own the roadway when a cultural resource survey was completed in 2005 by PBS&J Engineering where prehistoric artifacts were found at the site that archeologists believe date back to between A.D. 1000 and 1200. The site has been recommended for inclusion in the National Register of Historic Places. The city and Collin County will each pay $123,963 for the Antiquities Permit#5296 with Wylie retaining ownership of the property and artifacts by permanent loan if requested by the city. Council/GIM Representatives Discussion Representatives of Geo-Marine, the company that performed the testing were present for the meeting. Michelle Wurtz, RPA, and Arlo McKee, MA, reported that the shards' burnished, polished exterior and the type of uneven firing that was used in their creation have caused archeologists to believe they were of higher quality than artifacts usually found in the area. The pottery seems to have been influenced by Native Americans of the Caddo tribe. Remains of species including bison and white-tailed deer were also discovered in North Central Texas in the same era and were also used by the Caddo tribes. They reported that Geo-Marine staff will continue excavating to make sure they have all the artifacts. Once catalogued and studied, they will be provided as a display that could be housed in the new city hall or library. The team reported that completion is anticipated within a year. Council Action A motion was made by Councilman White, seconded by Councilwoman Spillyards to approve Resolution No. 2009-28(R) authorizing the City Manager to execute an Interlocal Agreement with Collin County concerning the completion of Antiquities Permit #5296 for construction of FM 1378 from FM 544 to Brown Street. A vote was taken and the motion passed 6-0 with Councilman Porter absent. 5. Consider, and act upon, Ordinance No. 2009-33 amending Exhibit "A" of Ordinance No. 2009-12 (Consolidated Fee Ordinance), Section I, Subsection B (Water Rates) and Section XI, Subsection A (Fire Department Development Fees). (C. Holsted, City Engineer) Minutes October 13, 2009 Wylie City Council Page 5 Staff Comments City Engineer Hoisted addressed council stating that in 2006 Council held a work session to discuss the water and sewer rate study prepared by McLain Decision Support Systems. The study incorporated the water and sewer capital improvements plan (CIP) as well as outstanding debt service. The CIP was updated as part of the water and sewer impact fee study; however, impact fees can only recoup fifty percent of the projected cost of the CIP. Therefore, the remaining cost must be funded through other means such as the water and sewer rates. The study also incorporated the proposed wholesale water rate increases from the North Texas Municipal Water District as well as the expansion of the Muddy Creek Regional Wastewater Treatment Plant. Council Action A motion was made by Mayor ProTem Byboth, seconded by Councilman White to approve Ordinance No. 2009-33 amending Exhibit "A" of Ordinance No. 2009-12 (consolidated Fee Ordinance), Section I, Subsection B (Water Rates) and Section XI, Subsection A (Fire Department Development Fees). A vote was taken and the motion passed 6-0 with Councilman Porter absent. Mayor Hogue convened into Work Session at 7:15 p.m. WORK SESSION • Update regarding the City of Wylie Web Page. (C. Kelley, Public Information Officer) Public Information Officer Kelly presented the new Wylie website and updated council on the new features. Council made a suggestion to add an additional Google search to the site. Council gave positive comments to the overall site. • Discussion regarding the solid waste rate changes proposed by Community Waste Disposal (CWD). (J. Butters, Assistant City Manager) Assistant City Manager Butters gave a short presentation on the proposed rate amendments that CWD was requesting. He reported that during the first year of this contract fuel prices have gone down, the CPI is fairly flat, and disposal costs have increased. CWD has proposed a rate decrease for residential and small commercial businesses but have proposed a rate increase for large open top and compactor users. Their rational is that the cost of service for residential and small commercial is impacted more by fuel and less by disposal costs while open top and compactor use are impacted less by fuel and more by disposal costs. The end result would be a $31,389 reduction in revenue for CWD, but the benefit to Wylie customers overall would be $0.20 cents per month for 12,700 residential users and $1.70 per month (on average) for 400 small commercial users. There would also be a fairly large increase for a very small number of customers using the open top and compactor type disposal units. This increase for 15 large commercial users would be $40.50 per month (on average). The 15 customers that are adversely affected include Wylie's largest employers and most are companies that have already been adversely impacted by the economic downturn. No direction was given by council to bring this item back on a future agenda for possible consideration and/or approval. RECONVENE INTO REGULAR SESSION Take any action as a result from Work Session. Minutes October 13, 2009 Wylie City Council Page 6 Mayor Hogue reconvened into Regular Session at 8:15 p.m. READING OF ORDINANCE Title and caption approved by Council as required by Wylie City Charter, Article III, Section 13-D. City Secretary Ehrlich read the captions to Ordinance No.'s 2009-31, 2009-32 and 2009-33 into the official record. ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Councilman White to adjourn the meeting at 8:16 p.m. Consensus of the Wylie City Council was to adjourn. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes October 13, 2009 Wylie City Council Page 7 Wylie City Council CITY of WYLIE AGENDA REPORT Meeting Date: October 27, 2009 Item Number: B Department: City Secretary (City Secretary's Use Only) Prepared By: Account Code: Date Prepared: October 19, 2009 Budgeted Amount: Exhibits: Ordinance Subject Consider, and act upon, Ordinance No. 2009-34 setting the time and place for all regular City Council Meetings in the 2010 calendar year. Recommendation A motion to approve Ordinance No. 2009-34 setting the time for 6:00 p.m. and place for all regular City Council Meetings in the 2010 calendar year. Discussion The City of Wylie Home Rule Charter in Article III, Section 9 states that the City Council shall hold at least one regular meeting each month and as many additional meetings as it deems necessary to transact the business of the City. The City Council shall fix, by ordinance, the date and time of the regular meetings. Special meetings of the City Council shall be held on the call of the mayor or a majority of the City Council members. By this Ordinance, the dates and times of all regular meetings in 2010 will be set. During the months of November and December one meeting per month has been scheduled due to the holidays. Upon request of the Council, special called meetings and work sessions can be scheduled at any times designated by the City Council and posted in accordance with the Texas Open Meetings Act. Approved By Initial Date Department Director CE 10-19-09 City Manager G� t f e d r Page 1 of 1 ORDINANCE NO. 2009-34 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY SETTING THE REGULAR CITY COUNCIL MEETING DATES FOR CALENDAR YEAR 2010 FOR THE CITY OF WYLIE, TEXAS; PROVIDING FOR SAVINGS, REPEALING AND SEVERANCE CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council normally meets on the 2nd and 4th Tuesday of each month; and WHEREAS, the City Charter requires the City Council to meet at least once each month; and WHEREAS, many citizens, City employees and elected officials take vacations or are unavailable during the holidays; and WHEREAS, the City Council finds it will be beneficial and in the best interests of the public to set forth its regular meeting dates for the calendar year 2010. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: SECTION 2: The City Council of the City of Wylie, Texas, hereby determines that regular meetings will be held on the 2nd and 4th Tuesdays for the first ten months of 2010 (January through October) and on the 2nd Tuesday in November and December, 2010, which shall be on the following dates: January 12 and 26, 2010 July 13 and 27, 2010 February 9 and 23, 2010 August 10 and 24, 2010 March 9 and 23, 2010 September 14 and 28, 2010 April 13 and 27, 2010 October 12 and 26, 2010 May 11 and 25, 2010 November 9, 2010 June 8 and 22, 2009 December 14, 2010 SECTION 3: Nothing herein shall prohibit the City Council from canceling or changing the regular meeting dates established herein or from holding special or other meetings as allowed by law. SECTION 4: The City Council's regular meetings shall generally begin at 6:00 p.m. and are usually held at 2000 Hwy. 78 N., Wylie, Texas in the City Council meeting chambers in City Hall, however the exact time and location for each meeting shall be posted in accordance with the Texas Open Meetings Act. Ordinance No.2009-34 Ordinance Establishing Meeting Dates Calendar Year 2010 Page 1 SECTION 5: Savings/ Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed; but such repeal shall not abate any pending prosecution for violation of the repealed Ordinance, nor shall the repeal prevent prosecution from being commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining portions of conflicting ordinances shall remain in full force and effect. SECTION 6: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional 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. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional or invalid. SECTION 7: Effective Date. This Ordinance shall become effective immediately upon its passage. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, on this the 27th day of October 2009. Eric Hogue, Mayor ATTEST TO: Carole Ehrlich, City Secretary Ordinance No. 2009-34 Ordinance Establishing Meeting Dates Calendar Year 2010 Page 2 Wylie City Council CITY OFF YLI . ._ .._._.......E AGENDA REPORT Meeting Date: October 27, 2009 Item Number: C Department: Public Services (City Secretary's Use Only) Prepared By: Mike Sferra Account Code: Date Prepared: October 13, 2009 Budgeted Amount: Exhibits: Resolution Subject Consider, and act upon, Resolution No. 2009-30(R) authorizing submittal of a project application to the State Energy Conservation Office for funding made available through the Energy Efficiency and Conservation Block Grant program. Recommendation Motion to approve Resolution No. 2009-30(R) authorizing the submittal of a project application to the State Energy Conservation Office for funding made available through the Energy Efficiency Conservation Block Grant program. Discussion The American Recovery and Reinvestment Act (ARRA) is providing more than $45 million to the State Energy Conservation Office (SECO), a part of the Comptroller's Office, for the Energy Efficiency and Conservation Block Grant (EECBG) program. The EECBB program, authorized in Title V, Subtitle E of the Energy Independence and Security Act of 2007 and signed into Public Law on December 19, 2007, will be funded for the first time under ARRA. The purpose of the program is to provide funds to units of local and state government, Indian tribes and territories to develop and implement projects to improve energy efficiency and reduce energy use and fossil fuel emissions in their communities. In an effort to insure that the 1,127 cities and 244 counties in Texas that are not receiving direct dollars from the U.S Department of Energy are able to benefit from this funding, the money will be redistributed based on 2007 population figures. As a result, it is anticipated that the City of Wylie may be eligible for $75,000. In the event that there are eligible communities that choose not to accept the funds, SECO will reallocate those dollars to participating cities and counties. The City's final potential grant will be outlined in a letter that will arrive after submittal of a Notification of Intent and a supporting Resolution. The timeline for the Block Grant program will be as follows, from date of announcement packet (September 22, 2009): • Notice of Intent Form due within 45 days; • Resolution due within 60 days; Page 1 of 2 Page 2 of 2 • SECO Stimulus will send out a final allocation letter and an application to accepting communities with 75 days; • Application due within 90 days; • Within 180 days, the Comptroller and the city will execute a grant agreement that contains all the requirements and obligations related to expending EECBG funds; • EECBG funds must be obligated within six months of the effective program award date; and • EECBG funds must be expended within 36 months of the effective program award date. If a grant is awarded, staff will prepare a budget amendment for Council approval to account for project revenues and expenses. In an effort to determine the best energy-efficient project for the available funding, staff is reviewing potential projects such as wind or solar power for the new civic center, HVAC replacements, relamping, and occupancy sensors. Approved By Initial Date Department Director MS 10-13-09 City Manager /6/ j/( RESOLUTION NO. 2009-30(R) A RESOLUTION OF THE CITY OF WYLIE, TEXAS AUTHORIZING THE FILING OF A PROJECT APPLICATION WITH THE STATE ENERGY CONSERVATION OFFICE FOR A ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT (EECBG) PROGRAM PROJECT; PLEDGING TO SUPPORT THE DEVELOPMENT OF ENERGY EFFICIENCY PROGRAMS THAT LEVERAGE FEDERAL FUNDS WITH OTHER PUBLIC AND PRIVATE RESOURCES; SUPPORTING A PROJECT WHICH IS SUSTAINABLE AND HAS MEASURABLE ENERGY SAVINGS, JOB CREATION AND ECONOMIC STIMULUS EFFECTS; AND ACCEPTING ITS ALLOCATION AND ACCEPTING ADDITIONAL FUNDS THAT MAY BECOME AVAILABLE AT A LATER DATE. WHEREAS, Congress passed the American Recovery and Reinvestment Act (ARRA) of 2009 and the President signed into law on February l7`", 2009, to stimulate the economy and create jobs; and WHEREAS, ARRA included $3.2 billion in funding for the Energy Efficiency and Conservation Block Grants (EECBG) Program authorized in Title V, Subtitle E of the Energy Independence ands Security Act (EISA) and signed into law on December 19, 2007; and, WHEREAS, the purpose of e EECBG program is to, 1) reduce fossil fuel emissions in a manner that is environmentally sustainable, and to the maximum extent practicable, maximixes benefits for local and regional communities; 2) to reduce the total energy use of eligible entities; and, 3) to improve the energy efficiency in the building sector, the transportation sector and other appropriate sectors; and, WHEREAS, the City of Wylie is a city with limited financial resources and desires to support the development of energy efficiency programs; and, WHEREAS, the City of Wylie accepts its allocation and may also accept additional funds that may become available at a later date; and, WHEREAS, the City of Wylie has developed or is interested in developing a EECBG project, which is sustainable and has measurable energy savings, job creation and economic stimulus effects into the city; and, Resolution No. 2009-30(R) Project Application for Energy Efficiency and Conservation Block Grant WHEREAS, the City of Wylie is determined to support energy efficiency projects that leverage federal funds with other public and private resources, including coordinated efforts involving other Federal programs targeting community development: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE: SECTION 1: That the City through the City Manager, pursue all EECBG funding made available through ARRA and being allocated by the State Energy Conservation Office to be used to assist in reaching the city's goals of energy efficiency. SECTION 2: That the City continue its commitment toward energy efficiency for the citizens of Wylie and all of Texas. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas this 27th day of October, 2009. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No.2009-30(R) Project Application for Energy Efficiency and Conservation Block Grant Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: October 27, 2009 Item Number: D Department: Library (City Secretary's Use Only) Prepared By: Rachel Orozco Account Code: Date Prepared: October 13, 2009 Budgeted Amount: $ 25,777.52 Exhibits: 2 Subject Consider, and act upon, Resolution No. 2009-31(R) authorizing the Mayor to enter into an Interlocal Agreement with Collin County and the Rita and Truett Smith Public Library for library services for FY2009-2010. Recommendation Motion to approve Resolution No. 2009-31(R) authorizing the Mayor to enter into an Interlocal Agreement with Collin County and the Rita and Truett Smith Public Library for library services for FY2009-2010. Discussion Collin County allocates funds for library services to cities in the County. For fiscal year 2010, Collin County will fund the Rita and Truett Smith Public Library $25,777.52 from October 2009 through September 2010. Payments are made to the City of Wylie on a quarterly basis. Approved By Initial Date Department Director RO 10-13-09 City Manager /o/io'/ Page 1 of 1 RESOLUTION NO. 2009-31(R) A RESOLUTION OF THE CITY OF WYLIE, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT WITH COLLIN COUNTY AND THE RITA AND TRUETT SMITH PUBLIC LIBRARY FOR LIBRARY SERVICES FOR FISCAL YEAR 2009-2010. WHEREAS, the County of Collin, Texas, is a duly organized political subdivision of the State of Texas engaged in the administration of County Government and related services for the benefit of the citizens and residents of Collin County; and WHEREAS, the City of Wylie Rita and Truett Smith Public Library administers and provides library services for the general public in Collin County, Texas; and WHEREAS, Collin County agrees to fund the Rita and Truett Smith Public Library for fiscal year 2009-2010 beginning October 2009 and ending September 2010 for services to the citizens of Collin County; and WHEREAS, the Rita and Truett Smith Public Library shall continue to provide full library services for the residents of Collin County, Texas, without distinction between those who reside within or without an incorporated area of the county. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS; Section 1. Collin County agrees to fund the Rita and Truett Smith Library in the amount of$ 25,777.52 for the 2009-2010 fiscal year for library services. Section 2. An official copy of this resolution shall be forwarded to the Collin County Commissioners' Court for their consideration. Section 3. The Mayor of the City of Wylie is hereby authorized to enter into an Interlocal Agreement with Collin County and the Rita and Truett Smith Public Library. DULY PASSED AND APPROVED by the City Council of the City of Wylie on the 27th day of October, 2009. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No. 2009-31(R) Interlocal Agreement with Collin County For Library Services -r Office of the County Purchasing Agent 2300 Bloomdale Rd., #3160 cot i i N C 0 L L I N C O U N T Y McKinney, Texas 75071 COUNTY (972) 548-4165 -,r�,, Metro (972) 424-1460 Ext. 4165 October 6, 2009 RITA & TRUETT SMITH PUBLIC LIBRARY Ms. Rachel Orozco, Director 800 Thomas Street Wylie, Texas 75098 Re: Interlocal Agreement Library Services Dear Ms. Orozco, Enclosed please find three (3) copies of the Interlocal Agreement between Collin County and the Charles J. Rike Memorial Library for your approval and signature regarding the referenced services. Please sign and return three (3) originals for final processing as soon as possible. One (1) fully executed copy will be returned for your files. Should you have any questions, please feel free to contact me at(972)548-4116 or Metro (972)424-1460, ext. 4116. S cerely, 2 , ,/ 1 / Ju y Manle Collin County Purchasing 2300 Bloomdale Rd., Ste. 3160 McKinney, Texas 75071 jmanley@co.collin.tx.us Phone: 972-548-4116 Fax: 972-548-4694 /jm Encl. c: file THE STATE OF TEXAS COUNTY OF COLLIN INTERLOCAL AGREEMENT BETWEEN THE COUNTY OF COLLIN AND THE RITA & TRUETT SMITH PUBLIC LIBRARY I. This agreement is made and entered by and between Collin County, a political subdivision of the State of Texas, hereinafter referred to as the "COUNTY" and the Rita & Truett Smith Public Library; hereinafter referred to as the "LIBRARY". II. The COUNTY and LIBRARY agree as follows: The COUNTY is a duly organized political subdivision of the State of Texas engaged in the administration of County Government and related services for the benefit of the citizens and residents of Collin County. The LIBRARY is a City Council created entity established for administering and providing library services for the general public in Collin County, Texas. The undersigned officers or agents of the COUNTY and the LIBRARY are properly authorized officials and agents and each has the necessary authority to execute this contract on behalf of said agent's principal and that any necessary resolutions or orders extending said authority have been duly passed and are now in full force and effect. The COUNTY agrees to fund the LIBRARY in the amount of $25,777.52 for the 2010 fiscal year (October 2009 through September 2010) of the COUNTY, under the conditions and terms set out herein. In exchange for said funds provided by the COUNTY, the LIBRARY will provide the following services to the citizens of Collin County for the year of 2010: The LIBRARY shall continue to provide full library services for residents of Collin County, Texas, without distinction between those who reside within or without an incorporated area of the county. The LIBRARY shall perform such other functions and duties as may be required of it by law or by lawful authority. All benefits and services provided by the LIBRARY and the administration of its program or programs shall be done in conformity with all State and Federal Laws and without regard to race, religion, gender or ethnic background of the persons being served, and without regard to the immigration status of the persons being served. All funds provided to the LIBRARY by the COUNTY shall be used solely for library services to the public. The LIBRARY shall diligently prepare and keep accurate and current records of its board meetings, official actions and expenditures and shall permit inspection and copying of said records by authorized agents of the Commissioners' Court, District Attorney and County Auditor of Collin County, Texas from 8:00 A.M. to 5:00 P.M. Monday through Friday of each week (except officially recognized holidays). Further, the LIBRARY agrees to submit to audits by the County Auditor in accordance with the directions of said official. The LIBRARY shall comply with the Texas Open Records Act and the Texas Open Meetings Act, provided that matters and records deemed confidential by law shall not be compromised. For the aforementioned services provided by the LIBRARY, the COUNTY agrees to pay to the LIBRARY for the full performance of this agreement: the sum of$6,444.38 on a quarterly basis. The LIBRARY understands and agrees that payment by the COUNTY to the LIBRARY shall be made in accordance with the normal and customary processes and business procedures of the COUNTY, and in conformance with applicable state law. Neither of the parties to this agreement waives or shall be deemed herby to waive any immunity or defense that would otherwise be available to it against claims arising from the exercise of governmental powers and functions. The LIBRARY is not given authority by this contract to place the COUNTY under any manner of legal obligation to any third party, person, entity or agency, and is not hereby made an agent of the COUNTY for the purpose of incurring liability. The LIBRARY does not have under this agreement authority or legal capacity to admit or confess error or liability on behalf of the COUNTY. The effective date of this agreement shall be the day that it is signed by both parties. This agreement and any of its terms and provisions, as well the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. In the event that any portion of this agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. EXECUTED in duplicate originals this, the day of , 2009. BY: The County Judge of Collin County, Texas BY: The Authorized Representative of Date The Rita & Truett Smith Public Library Wylie City Council CITY of WYLIE AGENDA REPORT Meeting Date: October 27, 2009 Item Number: E Department: Planning (City Secretary's Use Only) Prepared By: Charles H. Lee, AICP Account Code: Date Prepared: October 15, 2009 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, a Final Plat for Newport Harbor Ground Storage and Pump Station, Block A, Lot 1, establishing an industrial lot on 1.1962 acres and designating utility easements on the property. The property is generally located north of Anchor Drive and Spinnaker Way adjacent to the Newport Harbor Subdivision. Recommendation Motion to approve a Final Plat for Newport Harbor Ground Storage and Pump Station, Block A, Lot 1, establishing an industrial lot on 1.1962 acres and designating utility easements on the property. The property is generally located north of Anchor Drive and Spinnaker Way adjacent to the Newport Harbor Subdivision. Discussion This final plat represents final stages in the City's effort in upgrading of water infrastructure and utilities in providing a 2 million gallon ground storage tank and associated equipment providing water utilities within the northwest quadrant of the City. In January 2009, City Council amended the zoning on this property to allow for public utility uses. (ZC2008- 10) The final plat is consistent with technical requirements of Subdivision Ordinance and other City regulations. This Final Plat complies with all applicable technical requirements of the City of Wylie. The City Engineer stated that landscaping within the existing North Texas Water Municipal District easement will be moved and approved by NTWMD. Typically NTWMD recommends no large trees within their easements. A Site Plan was also approved by the Commission for the subject property. Planning Commission voted 5-0 to recommend approval of the Final Plat. Approved By Initial Date Department Director RO 10/15/09 City Manager c c Page 1 of 1 act ama a eoaA OM ALL MI EY Ta WORMS TT MO CM in Wo lDut AM e N•TM MR s OUT x « STOOLOS WPMMSRAT OM.ne MAI MAT WSW=POMMY M MOM NOME MOW SEMI MO asncr OR JR PAP RAW PLE TO RME ME ,MRCS FOR MOO R I R„,,POWM.M. m, W.r ;REW R m \ \ MET OESEWED LE METM WO MAOS IS FOLLOW x�ax.o.a. FORE.FOR a Maam YRS�ATaK 9�, ` j _ :ELM THE o,luNP°•rlorlroxour, PLAT.NO 'P 'g MMOMS UM./WOO m�"rou1°0 vn..0 1'°1°erc+,Z.ax°11n"c°K mm ui'6 ,sworwculo+ w ms MIENS BLOCK B ,\/ \ /// `\ �' \\ MT„. MR x w TIE l v RAT MAY MOM, W UMOSMS MOORS,P AWNSMEMO arc TIC O L USW R R CM OF \ / MYS,RED NEMO FOR ca PM r0 I Os ME rn RAT IMAM mun x ramna MS MEMOS W..uo E uala FOR xmxi us LOT 14 wlxn.Taws,AW Neo A aAam TY;WET' Twi awx IIE a Twi ctr ads A0.'axaoNNK aE Na n1etE uR1R.t Oaaec m as[aR AtEuc LOGTIO MO emP ET K r'Ris°W na Eie O `i,mu COMM,m x ME we SRAM ME SUMPLI rt m 1�c wxn:S MO�'a YAMS LOT \ ' ` 9~ \` n INC-M R NS D PROPERTY IK a w WE T; • 1 or w MOM/ O mcOMEMmxs Aawa \(��\' ;\ rs imp mom ALL ot MIT or wy A;n xw MO aT1.,m.,D�o.w WSW NM MEW WY WY OOR°"'"R.a ono`ITR RON, MAT / \ BLOCK D O• '�` ` MOPED ,c' aDw DE,NRnnLaT CORER v a,0 WE Twcn LOT 2] SPAM'a ALM ,RsvaW OlE If WO SOINBWRO[£ Au • P ' R InIE,RW:I A r-x./nv MO. I ',y sx.m%Ic"ax:�v'w Inc u'r'c a sn.Y°'p„x,wWx . xc.wlw.cr�TN'''''''OF nrR».c. nmimaRro ceSSO OR �`�"' THOI J €JMW'am i,,,wnm,,mi eo,,,o0ar a xna�n Inc 1R�r BLOCK B e.,. MU OF MST FELT TOO COMER v ROO MT' s SO RITE WI ♦ aWECI m xa wove awaw+.Is,auU.s, LOT 13 / \ ` \\ \ Ain'NW Rao MT VO ME VOW A IwWW w SWIM, ED MB C1 0 MT A O RWP W / IL, 5. 9!fY>'>•w, no¢a WOW-[Row,R AST PRAYERS ME a vo MT MM.A REMMOM WO 1ME A TEAM CAP MESS N.N9•MS O*. 15•ACCESS -��_\�� / RS ``\ D ]WD IDDO �r MSl OF�NO BOW ESOMT1U�E/ST C RCN COOWERr R YO'ME T xW �Rv ts�,.n..w� R' /\ \ BLOCK D aun,M®SOMME �\\(\ LOT 28 TEWAY,MOD RRrrRcawA M CARET R PM MS]oOF R[�.mlCOME l ETEAS r[u: / R / BLOCK D \ \CATION MAP DOMA OR a,OF OR MT 10FLOW A MUM ROO ME OF WO ME ES C,N. PRIMED W E w RT �� LOT 26 n'WWx Rro ar wxAwoWw rim OM MO BOW MMARRO OF A TWINY CMS m uE lm: // ''THE CASCADES PHASE 1 / LTasf ACRES...DE sAo axt m Tw,m xxlc A tonau xWc a A a mUN �� \ \ \\ \ \ � co TEFT�T glom.oocm*� µ _ \ CABINET N,PAGE 944 • 6 TWO Rw winnMxO"'�"R m!Na xW O OR TRv,STNm. m Nc DM w omalm (d P.R.C.C.i. ' a MOW°MART ROI a uw. FOR sAo TO W TO to I.R.S. .'.S. WORE NE No WOE MO MS OW PERSONALLY MOW° om x AMARIR me o WPiMO DE Nemo caw To TIE MOM / N 866385E \ COW uEM Kr RA1xox \ 82.57• \ BLOCK D /, _ `� • WO BLOCK D LOT 29 ��\ LOT 25 SOL a MICE D1S M x9efH11E WORF,OAR \ CAB• \ \ ' THE C cL`ADFS PHASE 1 DM Au,O,BY MS RWuxR: MOM PAW x NO Rx AT mR a Tout �6 \ CABINET N.PAGE 944 A,' T N.PAGE DM L WRY C., CO xa®r WPM MO RIMMED DM PAY w COMM.RRIEs ax: //\/ BLOCK D • ^A� \\ \ �__- ME CM a Imt x AcmenRc KnK TW ataW,ml WO oxaw,cc THT a 11Ro,ueom WW MOM. LOT 24 e2 1.1962 ACRES \ -'� BONWENTS SHOWN DEMON AS SET TOME mDa IIVIO REMISE/I/E son MO `' (50,930 SQUARE FEET) �f \ BLOCK 30 / RaTaR DATE \ \ \ _MOMS� PIMP a�NN .�RaR LOT 1 an ar mE Tws BLOCK A \1.R5 1.1962 AC. \\ \ \ / I..-,35 ea w - TOM a mwt AAM Nus1 2102:.1 -ARMS FOR IxlxnaElcr oRL • \ \ MRR20MN SGLLE N ET M Ave FOR wow x�iraROfW OF-TLE IFAvi BLOCK D 8 JAMES MCULMURRY SURVEY _ LOT 23 . ABSTRACT NO. 629 \ \ SCCIPT1o' `• \\ ITY OF WYLIE I calm calm��w �� BLOCK D BLOCK D VOL.v za71 Pc.01 \ \ / LOT 32 ■ D.R.C.C.T. LOT 31 L/ an a RITE.MO TINE SOT IP THE EMMY BLOCK D\ ' \ - aww n �� IIE WY xo MOMS TIM BE mTax MONISMPLAT aMOOR LOT 22 - a mJ MOON THE TIEuEM.TH[, PSEORIZOW ,uT a I[,OFW TEM HEREBY a AO 15•ELECTRICAL MAW TO THE OM a MLE POINT OF _-- EASEMENT \ \ WOW R.,a x Ave FOR T�WE 6 Tawa MIR WO W aM Na ME w M.MT FORTH IN 1 0 mJ \ AM�M I Cf S n mWwL RE AMMO THE MME BEGINNING NEWPORT HARBOR PHASE 3 a UM NS� PUPON SAO PAT ACTS, CABINET R,PAGE 3630MO SOD COME RIMER\ P.R.C.C.T. 153.11' 136.02' MO N 1'5\\ BLOCK 10 ��T�-� _�- Os - CR.i /ITS S 88'36'D1•W-289.1Y LOT 1 �� W 'pJ 5'WATER D¢Ax _ TPA1SM55ON EmENENT NORM TFJVS NUNCPAL CRY STAMM CM OF WC TWO 7 Y1• BLOCK 15 TER MSTRICf R=1723.97' OT 3t \ 124e, au FINAL PLAT SOOLE T-36.45' LOT M V BLOCK 15 11 BLOCK 15 I L=72.89• I 30'WATER K\\\ 1 a BLOCK A LOT 26 cs.-s 6r2S•zD•w ,RANSY165RW mama NEWPORT HARBOR GROUND STORAGE AND PUMP STATION LOT 25 I C.D.-72.89' NORM 00 DISTRICT MUNCPAL BLOCK Is BLOCK 15 AOL 508. \ AN ADDITION TO THE CITY OF WYLIE, BLOCK is BLOCK IS LOT 30 D.R.C.C.i. OT z] LOT ze LOT 29 \ \ COLLIN COUNTY. TEXAS. MI bearings and coordinates ore tweed on i i i \ ` \\ BEING A 1.1962 ACRE TRACT OF LAND LOCATED IN THE the Texas Slate Pions Coordinate System, I 1 i15• NAD-B3.Texas North Central Zone 4202 I .99-9, JAMES McULMURRY SURVEY ABSTRACT NO. 629 ,IENPORT HARBOR PHASE 1 ALLEY I CITY OF WYLIE, COLLIN COUNTY,TFILAS CABINET G.PAGE 224 IRS O - l/7"IRON R00 SE/ PRCCT __�__ LOT I - 1.1962 ACRES W/YELLOW CAP PHC" \ \ '� SEPIEMBER 2009 __�-- \/ OWL79Y/APuIi &RVEY01: ANCHOR COURT(50' R.O.W.) MO177AThWYLIE,WAY7 1IB1O P,�AVE. IT860000NWAY,LLP. - WYD B,I W 75098 At10179 119100S�7V 3 TINS 81RI1f6D _�-NOTICE:SELLING A PORTION OF THIS ADDITION BY METES AND BOUNDS G1100 Il�lA47900 SI{3 - - IS A VIOLATION OF CITY ORDINANCE AND STATE LAW MID IS SUBJECT \ CONTACI:I� RCRl/TACT. TO FINES MID WITHHOLDING OF UIIL/RES MID BUILDING PERMITS. SHEET 1 OF 1 REVISED:9/9/09-3839 N:\Pnoi,ab\WYRe\20061E3\EaatPKtA Plata\Nooport Fool POLM9 PLOT SCALE:11 PLOT ST11E:11R17.03 ROTTED BY.JTORK ON 9/28/2009 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: October 27, 2009 Item Number: F Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: October 15, 2009 Budgeted Amount: Revenue and Expenditure Exhibits: Monthly Report Subject Consider, and place on file, the City of Wylie Preliminary Monthly Revenue and Expenditure Report as of September 30, 2009. Recommendation Motion to accept and place on file, the City of Wylie Preliminary Monthly Revenue and Expenditure Report as of September 30, 2009. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Approved By Initial Date Department Director LV 10/16/09 City Manager /�'/J7 Page 1 of 1 CITY OF WYLIE MONTHLY FINANCIAL REPORT September 30, 2009 CURRENT YTD EXPECTED BUDGET YTD EXPECTED YTD ACTUAL OVER/(UNDER) ACCOUNT DESCRIPTION 2008-2009 2008-2009 2008-2009 YTD ACTUAL GENERAL FUND REVENUE SUMMARY TAXES 15,407,378 15,407,378 14,827,025 -580,353 A FRANCHISE FEES 1,955,000 1,955,000 2,017,332 62,332 LICENSES AND PERMITS 594,500 594,500 488,040 -106,460 INTERGOVERNMENTAL REV. 612,847 612,847 567,669 -45,178 SERVICE FEES 2,199,200 2,199,200 1,961,220 -237,980 FINES AND FORFEITURES 540,000 540,000 400,001 -139,999 INTEREST INCOME 351,310 351,310 108,144 -243,166 MISCELLANEOUS INCOME 195,142 195,142 237,905 42,763 OTHER FINANCING SOURCES 516,330 516,330 471,813 -44,517 TOTAL REVENUES 22,371,707 22,371,707 21,079,149 -1,292,558 GENERAL FUND EXPENDITURE SUMMARY CITY COUNCIL 132,390 132,390 107,997 -24,393 CITY MANAGER 767,530 767,530 706,052 -61,478 CITY SECRETARY 257,190 257,190 235,652 -21,538 CITY ATTORNEY 173,000 173,000 160,428 -12,572 FINANCE 671,640 671,640 601,757 -69,883 FACILITIES 210,800 210,800 189,144 -21,656 MUNICIPAL COURT 333,910 333,910 294,732 -39,178 HUMAN RESOURCES 207,160 207,160 175,295 -31,865 PURCHASING 111,520 111,520 105,145 -6,375 INFORMATION TECHNOLOGY 350,240 350,240 338,218 -12,022 POLICE 4,852,482 4,852,482 4,410,480 -442,002 FIRE 5,076,930 5,076,930 4,747,067 -329,863 ANIMAL CONTROL 268,000 268,000 229,007 -38,993 PLANNING 398,465 398,465 345,217 -53,248 BUILDING INSPECTION 718,800 718,800 588,596 -130,204 CODE ENFORCEMENT 181,430 181,430 141,380 -40,050 STREETS 1,742,360 1,742,360 1,613,900 -128,460 PARKS 1,548,110 1,548,110 1,370,124 -177,986 RECREATION 314,710 314,710 253,865 -60,845 LIBRARY 733,412 733,412 679,186 -54,226 COMBINED SERVICES 3,179,100 3,179,100 2,841,808 -337,292 TOTAL EXPENDITURES 22,229,179 22,229,179 20,135,050 -2,094,129 B REVENUES OVER/(UNDER) EXPENDITURES 142,528 142,528 944,099 612,234 A. Property Tax Collections for FY08-09 as of September 30 are 99.20%, in comparison to FY07-08 for the same time period 100.13%. Also, there are two Sales Tax payments that still have not been reflected. B. Recognized significant savings in personnel expenses, fuel, electricity, and trash disposal. CITY OF WYLIE MONTHLY FINANCIAL REPORT September 30, 2009 CURRENT YTD EXPECTED BUDGET YTD EXPECTED YTD ACTUAL OVER/(UNDER) ACCOUNT DESCRIPTION 2008-2009 2008-2009 2008-2009 YTD ACTUAL UTILITY FUND REVENUES SUMMARY SERVICE FEES 8,970,000 8,970,000 8,664,241 -305,759 INTEREST INCOME 200,000 200,000 67,823 -132,177 MISCELLANEOUS INCOME 30,000 30,000 580,298 550,298 OTHER FINANCING SOURCES 1,500,000 1,500,000 1,500,000 0 TOTAL REVENUES 10,700,000 10,700,000 10,812,362 112,362 UTILITY FUND EXPENDITURE SUMMARY UTILITY ADMINISTRATION 561,890 561,890 497,752 -64,138 UTILITIES-WATER 1,121,030 1,121,030 963,280 -157,750 CITY ENGINEER 485,660 485,660 410,109 -75,551 UTILITIES-SEWER 511,590 511,590 468,526 -43,064 UTILITY BILLING 548,594 548,594 462,182 -86,412 COMBINED SERVICES 7,382,180 7,382,180 7,264,222 -117,958 TOTAL EXPENDITURES 10,610,944 10,610,944 10,066,071 -544,873 REVENUES OVER/(UNDER) EXPENDITURES 89,056 89,056 746,291 657,235 *All data above represents preliminary September figures. A final report will be listed in the CAFR. Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: October 27, 2009 Item Number: 1 (City Secretary's Use Only) Department: Planning Prepared By: Renae' 011ie Account Code: Date Prepared: October 15, 2009 Budgeted Amount: Exhibits: Three Subject Hold a second Public Hearing for the annexation of a 0.189 mile segment of County Line Road between the Collin County line and the Rockwall County line and a 0.284 mile segment between Elm Grove Road and Wells Road. Recommendation Conduct Public Hearing only. No action required. Discussion This annexation is at the request of Dallas County and defined as orphan roads. Orphan Roads are all or part of a street or road-right-of-way which is outside the incorporated limits of a municipality(or municipalities) and the incorporated area of the municipality(or municipalities) abuts or extends into the right-of-way. These roadway segments have, in effect,been "orphaned"by the abutting city(or cities) that they serve in that they have been left unincorporated. The Dallas County Commissioner's office has since requested that the city consider omitting the 0.284 mile portion of Pleasant Valley Road from the requested annexation. If annexed, the City of Wylie will be responsible for maintenance, operation, enforcement, police and/or emergency services within these unincorporated rights-of-way. Before a municipality may begin annexation proceedings, the governing body of the municipality must conduct two (2) public hearings at which persons interested in the annexation are given the opportunity to be heard. The notice for each hearing must be published at least once on or after the 20th day but before the 10th day before the date of the hearing and must remain posted on the municipality's website until the date of the hearing. In compliance with state law, the following schedule has been adhered to: Notice published for Public Hearings September 30, 2009 & October 7, 2009 First Public Hearing October 13, 2009 Second Public Hearing October 27, 2009 Adoption of Ordinance November 10, 2009 Page 1 of 2 Page 2 of 2 Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. This annexation is being conducted in compliance with Sections 43.052 (h) (2) and 43.063 of the Local Government Code. Approved By Initial Date Department Director RO 10/15/09 City Manager L C,� /o_c);/� DALLAS COUNTY 0, ' ,`� PUBLIC WORKS '.' July 6, 2009 Mr. M.G. "Red" Byboth Mayor Pro Tern City of Wylie 2000 Highway i8 North Wylie, TX 75098 Subject: Annexation of Orphan Roads County Line Road Pleasant Valley Road Dear Mr. Byboth: Dallas County records indicate a segment of County Line Road (the 0.189 mile section between Collin County Line and the Rockwall County Line) and a segment of Pleasant Valley Road (the 0.284 mile segment between Elm Grove Road and the unincorporated area) as being roadways in the unincorporated area. Dallas County for many years has sought to eliminate from its inventory those unincorporated sections of roadway located between or adjacent to city limit boundaries. These roadway sections are known as "Orphan Roads". Please review the attached correspondence from Dallas County dated April 14, 2002 and Court Order 2002-637 with the attached Orphan Road Policy and provide to us Wylie's plan for incorporating the above sections into the Wylie City Limit. Please contact me at 214-405-0307 or HBaha©dallascounty.orq for assistance with resolving this issue. ITel/y 'Hamid E `aha, P.F. IL7 Project Manager Attachments: April 14, 2002 letter with Court Order 2002-637 and Policy Map of Wylie Orphan Road(s) Cc: Mike Cantrell, Commissioner Don Holzwarth, P.E., Director of Public Works Antoinette Bacchus, P.E., Assistant Director Hamid, Anthony, File _____ _ ____ _ ____, CITY OF WYLIE 1 A ,'- N o, 9C a aBf C a � 4a 1 satl�wvie. ', .2� , N. i COUNTY LINE RD a °av '" oanae a" 1 ty a° d°" '' c e \ y P/j r s '` \ Cottonwood r e- IS N s a �a\e 4• `y / WYLIE '°6, 4e ,4 I e 1so I ,y; I P(EASANT'VALLEYIRD .,,,, I \ I I i ��%° ROWLETT i 1 �o i Oaf aP9 i Ja ` 1 \aP yoc 1 1 Q Jac i c i 4 J/ Sc sfo, I P,� SACHSE Q�d,, ; s %G. \% 1 GARLAND ,..i 7 , Prepared Number Name Limits Mileage City Type District Mapsco Number Map : 12/18/08 DISCWMER:Tlvs neap Ia for relercnce ux an1y.Uata Vro�Itled are derWed 60 PLEASANT VALLEY RD ELM GROVE RD TO UNINCORPORATED AREA 284 Wylie AB 2 10A-T 199-06-59 spor auo o'fc:nrsm�a mlma�i a =“Ln io umeaae a r or _ 21 COUNTY LINE RD COLLIN COUNTY LINE TO ROCKWALL COUNTY LINE 0.189 Wylie AB 2 10B-N 490-01 60 omPm�ntianr meaatasnd,. Project Location:Y:\Public Works\Shared\GIS Data\IN\Tory\GIS Base Data\ProJeccs I \OrphanRnads\lx_OrphanRd_2.mnd CITY OF WYLIE,TEXAS SERVICE PLAN FOR ANNEXED AREA MCCREARY ROAD TRACT ANNEXATION ORDINANCE NO.: DATE OF ANNEXATION ORDINANCE: November 10, 2009 ACREAGE ANNEXED: .473 acres SURVEY, ABSTRACT & COUNTY: Public Street Right-of-Way for a 0.189 mile segment of County Line Road between the Collin County line and the Rockwall County line and a 0.284 mile segment between Elm Grove Road and Wells Road. Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas (the "City"), at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. FIRE SERVICES 1. Fire protection by the present personnel and the present equipment of the Fire Department, within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty (60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. 2. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty (60) days of the effective date of the annexation ordinance. 3. Inspection services, including the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with City codes and ordinances will be provided within sixty (60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 4, The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty (60) days of the effective date of the annexation ordinance. 5. All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 6. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty (60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall, upon dedication to and acceptance by the City, be maintained and operated by the City of Wylie, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies, beginning within sixty (60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases to the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications, that street will not be maintained by the City. 2. As development, improvement or construction of streets to City standards commences within this property, the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property, water mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed with four and one-half (4 1/2) years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within dedicated easements shall be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. I. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4 1/2)years after that date. J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty(60) days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administrative services of the City shall be available to the annexed area beginning within sixty (60) days of the effective date of the annexation ordinance. 3. Notwithstanding, anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 4. The Service Plan is valid for ten (10) years from the effective date of this Ordinance. TRACT EXHIBIT BENNETT J. DOEN SURVEY, ABSTRACT NO. 382, AND F.T GAINES, SURVEY, ABSTRACT NO. 497 DALLAS COUNTY, TEXAS BEING a 281 ,131 square feet (6.45 acre) tract of land situated in the Bennett J. Doen Survey, Abstract No. 382 and the F.T. Gaines Survey, Abstract No. 497, in Dallas County, Texas, and being more particularly described by metes and bounds as follows: Beginning at a point for corner, and being the intersection of the centerline of Elm Grove (a 60 foot right—of—way) and the Southeast line of Pleasant Valley (a variable width right—of—way); Thence North 44 degrees 02 minutes 02 seconds West, crossing said Pleasant Valley, a distance of 75.00 feet to a point for corner; Thence along the Northwest line of said Pleasant Valley as follows: North 45 degrees 51 minutes 10 seconds East, along the Northwest line of said Pleasant Valley, passing a 1/2 inch iron rod found for corner at a distance of 27.97 feet marking the South corner of a a tract of land conveyed to North Texas Municipal by deed recorded in Volume 97136, Page 3071, Deed Records, Dallas County, Texas, and continuing for a total distance of 404.16 feet to a point for corner; North 46 degrees 02 minutes 10 seconds East, a distance of 529.88 feet to a point for corner; North 45 degrees 32 minutes 33 seconds East, a distance of 926.56 feet to a point for corner; North 43 degrees 32 minutes 00 seconds East, a distance of 1,100.58 feet to a point for corner; North 45 degrees 49 minutes 00 seconds East, continuing along the Northwest line of said Pleasant Valley, passing a 1/2 inch iron rod found for corner at a distance of 780.10 feet marking the East corner of a tract of land conveyed to Southwestern Medical by deed recorded in Volume 93187, Page 4726, Deed Records, Dallas County, Texas, and continuing for a total distance of 781.13 feet to a point for corner; Thence South 45 degreess 50 minutes 00 seconds East, crossing said Pleasant Valley, a distance of 70.12 feet to a point for corner, and being in the Southeast line of said Pleasant Valley; Thence along the Southeast line of said Pleasant Valley as follows: South 45 degrees 17 minutes 41 seconds West, a distance of 780.26 feet to a point for corner; South 43 degrees 38 minutes 53 seconds West, a distance of 1,100.22 feet to a point for corner; South 45 degrees 31 minutes 46 seconds West, a distance of 929.39 feet to a point for corner; South 46 degrees 03 minutes 33 seconds West, a distance of 529.88 feet to a point for corner; South 45 degrees 51 minutes 10 seconds West, a distance of 404.71 feet to the Point of Beginning and containing 281,131 square feet or 6.45 acres of land. BRYAN CONNALLY R.P.L.S. NO. 5513 CBG Surveying, Inc. SHEET 1 OF 2 47 11545 Pagemill Road EYIN • Suite 200 v Dal as Texas 75243 JOB NO. 0901 01 70—1 A S P 214.349.9485 • F 21.4.349.2216 DRAWN BY: CG www.cbgdfw.com DATE - 10-20/09 TRACT EXHIBIT BENNETT J. DOEN SURVEY, ABSTRACT NO. 382, AND F.T GAINES, SURVEY, ABSTRACT NO. 497 DALLAS COUNTY, TEXAS .0 GRAPHIC SCALE e> �pqN► 400 0 200 400 800 1600 �° �� ( IN FEET ) p��'ti� �t� dil '' 1 inch = 400 ft. `r� �� G ddP d Dr �,P94, ��1��• 0I °�' 12''s 0 0\,. 1111 FF84I�P•Aillik' kv' �� 832�FpT JPQ\P �r"� No c ° c�2 tib _ CBG �� `SO, pQ� `� CV 1 1iii) 1'� C.,y o ZG A�`L 281,131 sq.ft. 01111 °ti °o�So 6.45 acres s�41 o "POvsi.ti Q\. d�� 1111 � �Fl �/j + �° �a�11� l°< aG •S's 6:5‘ 1011° .4,P,... `'�° �jtlalliir , 0 L9 LINE TABLE DP °< 94" / LINE BEARING LENGTH ilg�1111111111 d `,, 9�;�, Li N44'02'02"W 75.00' p'I'/- . 9'�A L2 N45'51'10"E 404.16' IIIIr �< d AG .. 0F! L3 N46°02'10"E 529.88' I'" N A✓9 sNstp Pir- 0 pc" L4 N45'32'33"E 926.56' QQ dl'" ° 8' OP,Fc�F`p s9 �/ '`s Is. j L6 N45'49'00"E 1 781.13'0 11 l dJJPPP c 9 T�✓ �� q p L7 S45'50'00"E 70.12' e I-4:', T `°��',c psTpq�•yF c� °c",I, L8 S45°17'41"W 780.26' �� v A F� 9�9P c� SSA° SG L9 543.38'S3"W 1,100.22' �A�41' �'�00`C,� (Po �0 G"PL�`t9 I-} L10 S45'31'46"W 929.39' .-"4!�a�8 G°` .5' 000). 0 Tr.9 L11 S46'03'33"W 529.88' (�/so..P 9�+9 �4) L12 S45'51'10"W 404.71' 8��} 920 c 0- o N • '4- BRYAN CONNALLY �` / CBG Surveying, Inc. R.P.L.S. N0. 5513 -� —"°`0 m- SHEET 2 OF 2 N P11545 Pagemill Road SURVEYINGNING •• Suite 200 Dallas, Texas 75243 JOB NO. 0901 01 70-1 A �S ay P 214.349.9485 • F 21.4.349.2216 DRAWN BY: CG www.cbgdfw.com DATE - 10-20/09 TRACT EXHIBIT ELISHA M. PRICE SURVEY, ABSTRACT NO. 1114 DALLAS COUNTY, TEXAS BEING a 66,884 square feet (1.54 acre) tract of land situated in the Elisha M. Price Survey, Abstract No. 1114 in Dallas County, Texas, and being more particularly described by metes and bounds as follows: Beginning at a point for corner, and being the Southwest corner of PLEASANT CREEK ADDITION, PHASE 1, an addition to the City of Wylie, Rockwall County, Texas according to the plat thereof recorded in Cabinet F, Slide 239, and being in the Southwest line of Vinson Road (a variable width right—of—way); Thence North 46 degrees 20 minutes 40 seconds West, along the Southwest line of said Vinson Road, a distance of 1,427.89 feet to a point for corner, and being an angle point in the Southwest line of said Vinson Road; Thence North 46 degrees 43 minutes 48 seconds West, continuing along the Southwest line of said Vinson Road, a distance of 511.99 feet to a point for corner; Thence North 89 degrees 42 minutes 11 seconds East, crossing said Vinson Road, passing a Wooden Monument found for witness at a distance of 43.43 feet, and continuing for a total distance of 45.89 feet to a point for corner, and being in the Northeast line of Vinson Road; Thence South 46 degrees 43 minutes 48 seconds East, along the Northeast line of said Vinson Road, passing a 1/2 inch iron rod found for witness at a distance of 1,589.36 feet, and continuing for a total distance of 1,867.90 feet to a point for corner, and being in the West line of said PLEASANT CREEK ADDITION, PHASE 1; Thence South 00 degrees 04 minutes 53 seconds West, along the West line of said PLEASANT CREEK ADDITION, PHASE 1. a distance of 56.55 feet to the Point of Beginning and containing 66,884 square feet or 1 .54 acres of land. N BRYAN CONNALLY R.P.L.S. NO. 5513 CBG Surveying, Inc. mSHEET 1 OF 2 11545 Pogemill Road • Suite 200 Dallas, Texas 75243 JOB NO. 0901 01 70-1 B P 214.349.9485 • F 21.4.349.2216 DRAWN BY: CG www.cbgdfw.com DATE - 10-20/09 TRACT EXHIBIT ELISHA M. PRICE SURVEY, ABSTRACT NO. 1114 DALLAS COUNTY, TEXAS p9. JOE S. GUZMAN Q''• VOL. 657, PG. 470 43.43' p 1... •0 COLLIN COUNTY L3 p ti' DALLAS COUNTY-1 \ `_ �� 70 bCti <P. `1' `l0 Ts*, \Y �� CrAC)\QG 99 pq 6G�OG�, —;''' O4G�OF \\p,,,��0 �P��,�g. Of &O to Q on L9 . 0,, ,0�. �A pG. P^o0 BLS 4. 0 p O O �o� o (F sib \ 09, IT G 40. OOO�y�'F y� \\ggyyy 0'p• p 0 6��0' N `C..A 4(, O� \ •¢$ �ic�OG OHO z a N �. 66,884 sq.ft. �6,�yoo o o a o Li �- 1.54 acres `i(`o<, Q Y J <I D N W V)u i �?•,` 0 maw <, 'P /42. GGGo• 2�8 < m 'ANC o�OeO� p0��0�� `Ssr in a G c ��i p o0 9T)o�, ,� POINT OF Li LINE TABLE •c,,42. BEGINNING LINE BEARING LENGTH T ✓p4., \ L1 N46'20'40"W 1,427.89' L2 N46'43'48"W 511.99' L3 N89'42'1 1"E 45.89'L4 546'43'48"E 1,867.90' , IFS J h Y L5 S00'04'53"W 56.55' c Q` o vo O? cc P' GRAPHIC SCALE 400 0 200 400 800 1600 ( IN FEET ) 1 inch = 400 ft. N BRYAN CONNALLY R.P.L.S. NO. 5513 '— m CBG Surveying, Inc. SHEET 1 OF 2 (\ PLANNING • SURVEYING JOB 1 09010170-1 B 11545 Pagemill Road • Suite 200 Dallas, Texas 75243 P 214.349.9485 • F 21.4.349.2216 DRAWN BY: CG s_ www.cbgdfw.com DATE — 10-20/09 Wylie City Council CITY OF V�YLIE AGENDA REPORT Meeting Date: October 27, 2009 Item Number: 2 Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: 10/19/09 Budgeted Amount: Exhibits: Eight Subject Consider, and act upon, approval of a request from Mr. Fawad Nayeb for Abandonment of that northern portion of Right-of-Way described as a 70 ft. R.O.W. of Third Street consisting of 0.2162 acres. Generally located north of Oak Street and South of S.H. 78. Recommendation Motion to approve the request from Mr. Fawad Nayeb for abandonment of 0.2162 acres of Right-of-Way described in Exhibit No. 1 (attachments A, B and C). Discussion The applicant, Mr. Fawad Nayeb is requesting that the City of Wylie abandon that portion of Third Street located north of Oak Street and south of S.H. 78 to allow expansion of his current facility located at 401 S. H. 78 N. The subject right-of-way is depicted in Exhibit No. 1 and currently being used as a public street. The street currently dead-ends into S.H. 78, but does not allow access to S.H. 78. The City of Wylie is the only other property owner adjacent to the subject public right-of-way. City Ordinance No. 07-21 as adopted by Council July 10, 2007 requires that an abutting property owner of the right-of-way initiate a request to the Planning Department by completing all required documents of the Abandonment of Public ROW/Easement Application. Included with the required documents, must be a certified appraisal of the value of the land to be abandoned and a certified check to the City for the amount of the Appraisal. The Applicant acquired the services of Fuller Appraisals to conduct an appraisal of the property and establish its fair market value. The cost of this appraisal was paid for by the applicant. The appraisal, which is attached, indicates that the fair market value of the property is established at one dollar and fifty cents ($1.50) per square foot. The subject right-of-way totals 0.2210 acres or 9,629 square feet. The total fair market value of the ROW of Third Street would be $14,443.50. This figure was rounded to a final overall value of$14,500. The appraisal contains comparable properties on which to base the appraised value. The subject property is valued as vacant land only, devoid of any improvements other than asphalt paving. Page 1 of 2 Page 2 of 2 CONSIDERATION: The land areas as described herein is approximately 70' wide with a 35 foot wide street of asphalt which does not extend to SH 78 and maintained by the City of Wylie. Staff has reviewed the request and determined that the ROW contains no utilities. (Exhibit No. 3). The City receives no tax revenue from right-of-way property. If the right-of-way is converted to a private ownership, the city would begin to receive taxes on this property. Right-of-way abandonment requires only Council action and no review by any Board or Commission. However, before the right-of-way may be used for private purposes it must be incorporated into a plat or a replat approved by the Planning and Zoning Commission and City Council. The applicant shall have six months from the date of City Council approval of abandonment to submit and file a plat or replat with Collin County to incorporate the abandoned right-of-way into the adjacent platted lot(s). The replat shall also establish utility and access easements. Approved By Initial Date Department Director RO 10/19/09 City Manager /% / 9 For Office Use Only 7/ CC Case Number: Date Submitted: CITY Of: WYLIE t ABANDONMENT OF PUBLIC ROW-OF-WAY/EASEMENT APPLICATION / MINIMUM SUBMITTAL REQUIREMENTS er A completed copy of the attached Abandonment of Public ROW/Easement application. ❑ All exhibits processed (except for Exhibit No. 4, which will be processed by staff). ❑ ttach responses from all abutting property owners. (sample letter enclosed). A certified appraisal of the value of the land to be abandoned. ❑ A certified check to the City for the amount of the Appraisal. 197An executed Release of Claims from each abutting property owner. ADDRESS/NAME OF ADDITION/SUBDIVISION Cia I I IQat! QC1d t k o C LEGAL DESCRIPTION N I PC APPLICANT(Primary Contact for the Project): Name Nclli CO FQ(Y\t L- E-Mailf� l��b L� 9t��t y� •nc-t- Street Address 4© 1 --1v.,"` II � gj City Uy t. e State 7,c Zip Code —IS-0q Phone Number 2, 0 4 s-Ba 8-7 Fax Number 214 52-- (Ca 0 Cr PROPERTY OWNER'S INFORMATION (if different from above): Name 1 QwQd Q\ b E-Mail Street Address 4--4JJ 1 MCI D1C City State T> Zip Code k Phone Number '2_I LA SL-IS (v 89 Fax Number 2 ILAS2A 9 O d(4, The applicant has prepared this ap lication and certifies that the facts stated herein and exhibits attached hereto are true and corr Sign e ner, Agent or Applicant Date Procedure for Abandonment of a Public ROW Page 4 488299.v I APPLICATION FOR THE ABANDONMENT OF A PUBLIC RIGHT-OF-WAY/EASEMENT TO THE MAYOR AND CITY COUNCIL OF THE CITY OF WYLIE: The undersigned hereby makes application for the abandonment of that portion of the above right-of-way particularly described in Exhibit No. 1, attached. In support of this application, the undersigned represents and warrants the following: 1. Attached, marked Exhibit No. 1, is a metes and bounds description (dividing the area in half) of the area sought to be abandoned. 2. Attached, marked Exhibit No. 2, is a copy of a plat or detailed sketch of that portion of the public right-of-way/easement sought to be abandoned, and the surrounding area to the nearest streets in all directions, showing the abutting lots and block, and the subdivision in which the above described right-of-way/easement is situated, together with the record owners of such lots. 3. Attached, marked Exhibit No. 3, is the written consent of all public utilities to the abandonment. 4. Attached, marked Exhibit No. 4, is the consent of the City of Wylie staff to the abandonment. 5. Attached, marked Exhibit No. 5, is the written consent of all the abutting property owners, except the following: (if none, so state) 6. Such public right-of-way/easement should be abandoned because: , TC) ecpa,ncl and Ic -' prYV e nci s-ti Q.9C 7Yo p -v-t- c -t {--\ 7. Such public right-of-way/easement has been and is being used as follows: Sr t c stiCc+ Et_ct nO aCcc SS A N.J./ Procedure for Abandonment of a Public ROW Page 5 488299.vI 8. Attached, marked Exhibit No. 6, is the certified appraisal of the value of the land to be abandoned. 9. Attached, marked Exhibit No. 7, is a Release of Claims executed by each abutting property owner. I swear that all of the information contained in this application is true and correct to the best of my knowledge and belief. Applicant's Signature: Applicant's Name: tC(JO,Ck Ock -i b Applicant's Address: (413\ MCI.p\C. /6\-\.'C, cI\CIS 1)<- Applicant's Phone Number: 2 04 5 -43 $'1 ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF rvwbv § S bscribed and sworn to before me, a Notary Public, this fay-A.)day of _12e- d ,l , 2009 , by VA /Vi9ye.6 ‘thi-k) Notary ubp in and for the State of Texas GAYLE WAL ON ,7' My Commission Expires July 16,2013 Procedure for Abandonment of a Public ROW Page 6 488299.v 1 09/17/2009 14: 37 SHOPNGO#7 (FAX) 2145217606 P. 0011001 NAYEB FAMILY LP 401 Hwy 78,Wylie,TX 75098 September 17,2009 To: City of Wylie Planning Dept We are requesting the abandonment of the street Y( 54 - adjacent to our property, due to the fact that such street has been closed and there is no public access anymore. Regards, Fawad Nayeb Phone 214 543 8687 Fax 214 521 7606 Email fawadnayeb@sbcglobal.net Application for Abandonment of a Public Right-of- Way/Easement Located: -10 -( t ROLA 1 Ctt-4-M {01 St, EXHIBIT NO. 1 Attached is a copy of the metes and bounds description (dividing the area in half) of the public right-of-way/easement situated in ("`G3+ (©Old Addition/Subdivision to the City of Wylie, (nth C S County, Texas, sought to be abandoned. Procedure for Abandonment of a Public ROW Page 7 488299 v1 EXHIBIT"A" THIRD STREET ABANDONMENT FIELD NOTES BEING a 0.1976 acre tract of land situated in the Francisco de la Pina Survey,Abstract No. 688, City of Wylie,Collin County,Texas and being part of Third Street,a 70 ft. right-of-way, as shown on the Railroad Addition,an addition to the City of Wylie, as recorded in Volume 77, Page 494,Deed Records, Collin County,Texas,said 0.1976 acre tract being more particularly described by metes and bounds as follows: BEGINNING at a 1/2-inch iron rod found for the northwest corner of Lot 2,Block A,Dollar General Addition,an addition to the City of Wylie, as recorded in Cabinet K,Page 900,Plat Records, Collin County, Texas, said corner being in the southeast right-of-way line of State Highway 78, a 110 ft. right-of-way at this point; THENCE South,with the east right-of-way line of said Third Street and the west boundary line of said Lot 2, a distance of 150.98 feet to a 1/2-inch iron rod found for the southwest corner of said Lot 2, said corner being the intersection east right-of-way line of said Third Street and the north right-of-way line of Oak Street, a 70 ft.right-of-way; THENCE West, with the north right-of-way line of said Oak Street, a distance of 70.00 feet to the southeast corner of Lot 37,Block 16 of said Railroad Addition, said corner being the intersection north right-of-way line of said Oak Street and the west right-of-way line of said Third Street; THENCE North,with the west right-of-way line of said Third Street and the east boundary line of said Lot 37, a distance of 94.91 feet to a point for corner in the southeast boundary Iine of said State Highway 78; THENCE North 51 degrees 18 minutes 17 seconds East, with the southeast right-of-way line of said State Highway 78, a distance of 89.69 feet to the POINT OF BEGINNING AND CONTAINING 8,606 square feet or 0.1976 acre of land. Z:IPROJECTS\Named Projects\Wylie-Dollar General Addition\docs\Field Notes\LD Third Street.doc a / /___ 1 / / / / / / 19' / / �P,{ / / 1 °�, / / SAP"��.° / / / / POINT OF / / BEGINNING / / 1/2" I.R.F. / " cb��„ v / (D\ ti" e• CO LOT 1 co LOT 2, BLOCK A BLOCK A DOLLAR GENERAL ADDITION / - CAB. K, PG. 900 rn P.R.C.C.T. / cm THIRD STREET F / 8,606 SQ, FT, a /LOT 37, BLOCK 16 = 0.1976 AC. N RAILROAD ADDITION x / VOL. 77, PG. 494 2 —D.R.C.C.T� ZO O1/2" I.R.F. WEST 70.00' OAK STREET (70' R.O.W.) I f —1 I-- I _1 r - - j LOT 1, BLOCK 21 W • LOT 15, BLOCK 22 Q I RAILROAD ADDITION o I RAILROAD ADDITION I Q U) I LOT 1 VOL. 77, PG. 494VOL. 77, PG. 494 o I D.R.C.C.T. I Ci vre I D.R.C.C.T. I N 4.14 EXHIBIT "B" EXHIBIT STREET ABANDONMENT A\ 7.*1.4. ! so 30 0 so FRANCISCO DE LA PINA SURVEY, A-688 of CITY OF WYLIE SCALE IN FEET COT,T,TN COUNTY, TEXAS 1" = 60' ENGINEERING CONCEPTS & DESIGN, L.P. ENGINEERING /PROJECT MANAGEMENT /CONSTRUCTION SERVICES Basis of bearing being North for the west boundary line of 2801 CAPITAL STREET, WYLIE, TEXAS 75098 plat recorded in Cabinet K, Page 900, P.R.C.C.T. PHONE: (972) 941-8400 (972) 941-8401 FAX DATE: OCTOBER 21, 2009 Named Protects\ Wylie — Dollar General Addition\Abandonment Exhibitdwg Application for Abandonment of a Public Right-of- Way/Easement Located: COubVtC ►OW Tht>rd St. EXHIBIT NO. 2 Attached is a copy of a plat or detailed sketch of the public right-of-way/easement sought to be abandoned in the above-mentioned application, showing the surrounding area to the nearest streets in all directions, abutting lots, the block or blocks in which the portion of the public right-of-way/easement sought to be vacated is situated, and the addition or subdivision in which the portion of the public right-of-way/easement sought to be abandoned is situated. Also, the names of record owners of the abutting lots are shown. (If the property has not been platted, applicant has six months from date of City Council approval to complete all steps required for purchase of the abandonment and filing a plat or replat with County in accordance with the final plat requirements of the Subdivision Ordinance.) Procedure for Abandonment of a Public ROW Page 8 488299.v I Application for Abandonment of a Public Right-of- Way/Easement • Located: PADt`l C ROW i 11tf 0 st. EXHIBIT NO. 3 The undersigned public utility companies, using or entitled to use, under the terms and provisions of our respective franchises with the City of Wylie, that portion of the public right-of-way/utility easement sought to be abandoned in the Application for Abandonment above referred to, do hereby consent to the abandonment of the described portion thereof. I Pr. GAS COMPANY BY: Title 1 TELEPHONE COMPANY BY: Title N / A` ELECTRIC COMPANY BY: Title Procedure for Abandonment of a Public ROW Page 9 488299.v I Application Abandonment of a Public Right-of-Way/Easement Located: C RC.)l 0 tin\vc 5- EXHIBIT NO. 4 The undersigned, City staff of the City of Wylie, certify that they have carefully considered the Application for Abandonment of the public right-of-way/easement referred to above pursuant to City ordinances and with respect to present and future needs of the City of Wylie and see no objection to the requested abandonment from the City's standpoint. City Engineer Build' gEi (L1v f 4}1/1/44,st, r \97PoStel.1.; Planning Director Fire Marshal e G // aw/ Dir ctor of Public S-rvices Procedure for Abandonment of a Public ROW Page 10 488299.v1 Application for Abandonment of a Public Right-of- Way/Easement - Located: tb\ t C LLB -thvel EXHIBIT NO. 5 The attached letters represents, owners of property abutting upon that portion of the public right-of-way/easement named and described in the Application for Abandonment of a Public Right-of-Way/Easement referred to above, do hereby consent to such abandonment. KVA Procedure for Abandonment of a Public ROW Page 11 488299.vI EXHIBIT NO. 5 7/ ( 1IYOFWYI.11= • [DATE] [Name& Address] RE: Abandonment of Right-of-Way Located at: To Whom It May Concern: An abutting property owner of the above referenced public right-of-way has requested that the City abandon said right-of-way/easement. The City Council will consider this request in the near future. If abandoned, the half of the width of the right-of-way/easement will be offered for sale to the owners of abutting properties at the appraised fair market value, in accordance with Ordinance No. 2007-XX, Section 2.12 of the Subdivision Regulations of the City of Wylie. County records indicate that you are an owner of property abutting the subject portion of right- of-way/easement. Please complete the questions below, and return this letter to the City of Wylie PIanning Department, 2000 Hwy 78N, Wylie, Texas 75098 at your earliest convenience. I do ( ), I do not ( ), agree to the abandonment of the subject right-of-way/easement. If abandoned by the City, I am ( ), I am not ( ), interested in purchase of, at fair market value, that portion of the right-of-way/easement abutting my property. If you do not wish to purchase the offered land, it will be offered to the other abutting property owners. All of the abandoned right-of-way must be purchased by the abutting property owner(s) within six (6) months of City Council approval. Unless the entire area is sold, the right-of- way/easement will not be abandoned. Signature of property owner or authorized agent Procedure for Abandonment of a Public ROW Page 12 488299.vI EXHIBIT 6 CERTIFIED APPRAISAL OF THE VALUE OF THE LAND Procedure for Abandonment of a Public ROW Page 13 488299.v1 EXHIBIT 7 RELEASE OF CLAIMS tN..„1 / Procedure for Abandonment of a Public ROW Page 14 488299.v I RELEASE OF CLAIMS In consideration of the abandonment of the northern seventy feet (70') of right-of-way which is a part of the Railroad Wylie Addition and adjacent to Lot 37 of Block 16, and Dollar General Addition, Lot 2 of Block A of the Original Town of Wylie, according to the Plat thereof recorded in Volume 5872, Page 1536, of the Deed Records of Collin County, Texas, as more particularly described in Exhibit "A" attached hereto and incorporated herein for all purposes (the "Right-of-Way") the receipt and sufficiency of which is hereby acknowledged, we, �rcikw Cock. M-(t l release any and all claims against the City of Wylie, Texas, and its Council Members, officers, agents, employees and representatives, which we may possess at the time of the execution of this document, or which come to exist as a result of conduct occurring prior to our execution of this document, relating in any way to the Right-of-Way. We are fully authorized and empowered to execute and enter into this Release upon the terms stated herein, and fully authorized and legally competent to execute this Release as the legal, valid and binding act and deed of the releasing party(ies). We represent and warrant that the claims released above are currently owned solely by us, c,w tkck , free and clear of all liens, encumbrances, pledges, assignments, claims and security interests of any kind or nature. We further represent and warrant that we have the right to compromise and settle the claims and any other claims that could have been asserted by us which relate in any way to the Right-of-Way. We agree to indemnify and hold harmless the City of Wylie, Texas, and its Council Members, officers, agents, employees and representatives from any and all costs and damages arising from claims or encumbrances contrary to the representations and warranties contained in the preceding paragraph of this Release. This Release shall be binding upon and inure to the benefit of the parties' respective legal heirs, successors and assigns. Should any portion (word, clause, phrase, sentence, paragraph or section) of this Release be declared void or unenforceable, such portion shall be considered independent and severable from the remainder, the validity of which shall remain unaffected. I0/6/d 7 In witness whereof, we have executed this Release on the 6 / day of o c 7 , 2009. iy44-dA4/7/1 Procedure for Abandonment of a Public ROW Page 15 488299.v1 ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF elv//J y1 § Before,f Vie, the undersigned authority, on this day personally appeared it//amp /ilAre / , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office on this the (D Vi6day of (/C%To��'iz , 200Y_. l;avLE watTON / �% }6111My Commission Expires /..•/' )'ZJ July 16.2013 Notary Public tate of Texas My Corissir Expires: STATE OF TEXAS § COUNTY OF § Before me, the undersigned authority, on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office on this the day of 200 . Notary Public, State of Texas My Commission Expires: Procedure for Abandonment of a Public ROW Page 16 488299.vI Nayeb Family LP 4331 Maple Ave Dallas, TX 75219 Ph. 214 521 7600 Fax. 214 521 7606 September 18, 2009 Attention: Fuller Appraisal We are requesting an appraisal for the street adjacent to our property at 401 N Hwy 78, street between third and Oak which has been abandoned. Please call me at your earliest convenience, so we can schedule an appraisal and inform me about the cost of it. Regards 44 ,4 Fawad Nayeb Cell. 214 543 8687 /1a//1)2. 67d7 Z/3 3 MaP4 /91/6 Dalas "/y 15-`?- 1 APPRAISAL REPORT PREPARED FOR: CLIENT Nayeb Family LP LENDER/CLIENT: LENDER Nayeb Family LP SUBJECT PROPERTY ADDRESS 3rd St.,Oak St.,and SH-78 R.O.W. CITY Wylie,TX 75150 COUNTY OF Collin APPRAISAL AS OF: DATE September 25,2009 PREPARED BY: APPRAISER David L.Fuller,GAA,CCRA COMPANY Fuller Appraisals F File No. Case No. 4388-DH Borrower Nayeb Family LP PropertyAddress 3rd St.,Oak St., and SH-78 R.O.W. City Wylie County Collin State TX Zip Code 75098 Lender/Client Nayeb Family LP Address 4331 Maple Ave. Dallas,TX 75219 ayeb Family LI' N1:11) ,,. Ave .I-x 7i,01".• r I S. ! Ilr 1-iv,": •' ":, •-•;:1:;:-.•,: "o.:1%:.:. 1%,'CH:* *rms:11 / inV;IC.NW. :7!-- A-7 •/ 24:'; 4'1,:/// 4 — V /2. ) / jilt?vie / t, I ir -7 c- ,( • ./ I ClickFORMS Appraisal Software 800-622-8727 Page 1 of 18 Ca VA Na. 4355" N� �5� Na et) amd l" State TX palias a5219 Colli0. g33Aw' le Pve. SN�BR� Co�nt es paK St. and pddce d ear Address 3cd St-W lie eb F°ill 19 Na fr `e der/Clent n ' n 1 i \\1 . . m `yW jf y N l as r tr \, is \ . : �j�� , ,,,,,,,c---*---n\Hr6-. ' . t,,, G� k 4\ T,g. \• •• \ . . .„, . .,,• 4 ‘ . J ,..."-A.., . T- a G 'y !t , `f V .Ct sy -1� 7i, tom`. 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LAND APPRAISAL REPORT Case No 4388-DH =.Borrower Nayeb Family LP Census Tract 181.22 Map Reference 10.S ' Property Address 3rd St.,Oak St.,and SH-78 R.O.W. City Wylie County Collin State TX Zip Code 75098 Legal Description 3rd St..Oak St.,and SH-7B R.O.W, rs.iss Sale Price S N/A Date of Sale Current Loan Term N/A yrs. Property Rights Appraised El-Fee ri Leasehold❑De Minimis PUD Actual Real Estate Taxes S N/A (yr) Loan Charges to be paid by seller S N/A Other Safes Concessions N/A Lender/Client Nayeb Family LP Address 4331 Maple Ave.Dallas,TX 75219 ":Occupant Vacant Land Appraiser David L.Fuller,GAA,CCRA Instructions to Appraiser Estimated market value rI [?! Location Urban X_Suburban Rural Good Avg.Fair Poor `'. Built Up Over 75% X 25%to 75°,o tinder 25% Employment Stability © � Growth Rate ❑Fully Dev. Rapid X Steady Slow Convenience to Employment ® Q Property Values Increasing X Stable Declining Convenience to Shopping Demand/Supply Shortage X In Balance Oversupply Convenience to Schools X i Marketing Time Under 3 Mos, X 3-6 Moe. Over 6 Moe. Adequacy of Public Transportation X _ e‘Present Land Use 60 %1 Family 3 %°2-4 Family 2 96 Apts 2 °o Condo 10 %Commercial Recreational Facilities — ©� — m. 3°filndustriai 20 %Vacant % Adequacy of Utilities .-.- Q e 1 I y(*) ITaking O Property Compatibility a Change In Present Land Use �ot UkelyLikely(*) � Place ' Pro rt or Com atit>iltt © _ _ •• (')From To Protection from Detrimental Conditions © — t. « Predominate Occupancy X❑Owner rTenant 5 9b Vacant Potce and Fire ProtectionLII T. Single Family Price Range S 70,000 to S 200,000 Predominant Value S 150,000 General Appearance of Properties © � ®_ Ti Single Family Age 15 yrs to 70+yrs. Predominant Age 40 yrs Appeal to Market ©___, )f'1,Comments including those factors,favorable or unfavorable,affecting marketability(e.g.public parks,schools,view,noise) This area has good access to major Itt roadways and public facilities. LL. Fs, Dimensions 9,629 sf per city plat included-calculated = 9,629 SqFt �X Corner Lot Zoning Classification Commercial Corridor District Present Improvements Lido [ Ido not conform to zoning regulations Highest and best use Present use�X Other(specify)Hold for future development Public Other(Describe) OFF SITE IMPROVEMENTS Topo Fairly level Elec. X Street Access 0 Public❑Private Size Average for the area y Gas X Surface Asphalt Shape Irregular Water X Maintenance U Public n Private View Average iI San.Sewer X ❑Storm Sewer (�Curb/Gutter Drainage Adequate I Underground Elect&Tel. �"'�Sidewalk I X I Street Lights Is the property located in a HUD Identified Special Flood Hazard Areal nNo nYes .,t 1Comments(favorable or unfavorable including any apparent adverse easements,encroachments or other adverse conditions):FEMA panel#48113CO230J,08/23/01 '_-"the subject does not lie within a flood plain. However,only a qualified survey can determine this factor. I' j 'i(The undersigned has recited three recent sales of properties most similar and proximate to subject and has considered these in the market analysis.The description includes a dollar adjustment reflecting market reaction to those items of significant variation between the subject and comparable properties.If a significant item in the comparable iL properly is superior to or more favorable than the subject property,a minus(-)adjustment is made thus reducing the indicated value of subject.,if a significant item in the 'comparable is inferior to or less favorable than the subject property,a plus]+)adjustment is made thus increasing the indicated value of the subject I SUBJECT PROPERTY COMPARABLE NO.1 COMPARABLE NO.2 COMPARABLE NO.3 Address 3rd Si.Oak Si..and SH-78 R.O.W. 1st,2nd,&Marble St.R.O.W. Corner 1st&Jefferson 0.7 Acre Ballard&2nd at SH-78 rs Wylie.TX 75150 Wylie Wylie Wylie IA Proximity to Subject 0.5-1 mile Northeast 6-7 blocks Northwest 2-3 blocks West (Ti)Sales Price S N/A IS 1.80 .S 6.67 'S 4.65 fg'Price 1 S N/A IS sox() S 100,000 .S 347,685 ze (' Data Source Tax/Owner/Inspect Verified by Grantee�1 MLS#10742699 Verified by Grantor r Date of Sale and DESCRIPTION DESCRIPTION Ad dsim m ent, DESCRIPTION Ad etH DESCRIPTION AdjiI�5 rnent IA TimeAdjustmeni Current 05/08 04/0706/D6 e LocationAverage Equal Superior -2.67 Equal 1 SiteMew 9,629 SqFt 62,221.10 Sqft 14,988 sqft 31.972 Sqft Zoning/Use CC-Commercial PD Commercial DTH-Commercial Utilities Available Available Available Available Sha•elUse Irre•utar Equal Rectan•ular Equal ri;3. Utility of Use Conc.Paved/Seperior -0.5. Conc.PavedrSuperior -2.33 Superior -3.02 3 Sales or Financing 1Concessions ,11 Net Adj.(Total) TPIusI X)Minus S 0.54 !Rust x I Minus 5 5.00 I_ JPIunj X I Minus S 3.02 Indicated Value Net=-30°'° Net 75% Net=65°!0 of Subject Gross=30°!o S 1.26 Gross=759° S 1 67 Gross=65% S 1.63 ' Comments on Market Data Each of the comparables ware considered to be similar to the sujbect in terms of location,use,and basic size and are in i,the subject's marketing area.Equal weight was placed on all the comparables in order to determine a final estimate of value for the subject i :JJr rproperty. Comments and Conditions of Appraisal: The subject is appraised"As Is".No special conditions are noted with regard to this property. The subject is 41 considered to be vacant land. L. Final Reconciliation: Only a Sales Comparable approach was applied as the subject as it is vacant land. The subject is a R.O.W.owned by the N City of Wylie.We are estimating a value of$1.50/sq ft for the subject. Thus,$1,50 x 9,629 sq ft = $14,443.50 or 514,500.00(rnd). a' ,^I ESTIMATE THE MARKET VALUE,AS DEFINED,OF SUBJECT PROPERTY AS OF September 25,2009, to be S . " -14,500.00 tD ,, ReviewApprauer(f applicable) "' f' Appraiser(3)�.-=�__- ..F..'- ..--,,...2_,:..._-__:::::: ,,. ❑did Did Not Physically*' �' . �� David L.Fuller,GAA,CCRA Inspect Property Duane Hogan-FIELD APPRAISER,CRRA i Date Report Signed October 1,2009 Date Report Signed September 25,2009 ;'?:Slate Certification# 1320771-G State TX State Certification# TX-1336094-R Slate TX I;:Or Stale License# State Or Stale License# State j'S'�Expiration Date of License or Certification 05/31/11 Expiration Date of License or Certification 04/30/10 ClickFORMS Appraisal Software 800-622-8727 Panr? 1 nr 1R Fuller Appraisals COMMENT ADDENDUM File No. Case No. 4388-DH Borrower Nayeb Family LP Property Address 3rd St., Oak St.,and SH-78 R.O.W. City Wylie County Collin State TX Zip Code Lender/Client Nayeb Family LP Address 4331 Maple Ave. Dallas,TX 75219 COMMENTS ON THE NEIGHBORHOOD: The subject site lies at the intersection of 3rd and Oak and extends to SH-78. It is an R.O.W.which was originally part of 3rd St.,but was barricaded off during the widening project of SH-78 a few years previously. This area is just a few blocks Southeast of the"downtown"area of Wylie.The downtown area has multiple commercial properties,many of which are "historic"type bldgs. Along the SH-78 corridor are generally fairly new commercial and retail properties.To the South of the subject are residential properties generally more than 60 years in age but less than 1 mile to the Southeast are some areas of residential properties which are generally less than 15 years in age and valued from the mid$100,000's to the mid$200,000's. COMMENTS ON THE SUBJECT: The subject site is vacant land,being fairly rectangular on 3 sides but"slanted"at the SH-78 corridor. The subject is a R.O.W. which was formerly a portion of 3rd St. but barricaded at Oak St.According to the plat map provided by the City of Wylie Planning Dept.,the subject is approx.70'wide. There is an approx. 35'wide street of asphalt on the site which does not extend to SH-78. COMMENTS ON THE COMPARABLES: These are the most similar sales we found in the past 48 months. Sales 1 &3 are deemed similar in location to the subject, while Sate 2 is deemed superior as it was an almost square site on a pure corner just off Ballard in downtown Wylie,and has almost 250'frontage total on the 2 streets. Sales 1 &2 are deemed superior in utility of use as they had superior amounts of concrete paving than the subjects asphalt paving. Sale 3 is also deemed superior in utility of use as its larger size allows for a greater variety of development uses than does the subject. ClickFORMS Appraisal Software 800-622-8727 Page 5 of 18 F • File No. Case No. 4388-DH Borrower Nayeb Family LP Property Address 3rd St., Oak St.,and SH-78 R.O.W. City Wylie County Collin State TX Zip Code 75048 Lender/Client Nayeb Family LP Address 4331 Maple Ave. Dallas,TX 75219 i - i P i i i!� i K. ,; ?, �CAP ;. 0 . t 7 ;,...., 4,.... t, 4 , (. T r 4, r,ayt+oraAk TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD BE IT KNOWN THAT F I 1 DAVID L FULLER ) HAVING PROVIDED S,4TISFACTORYEVIDENCE OF THE OUALIFIC4TIONS REQUIRED I 1 BY THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT, TEXAS OCCUPATIONS CODE,CHAPTER IIU3, IS AUTHORIZED TO USE THE TITLE s STATE CERTIFIED GENERAL REAL ESTATE APPRAISER , Number: T -1 2U771�G , i i Date of issue: April 8, 2009 A l* ' Date of Expiration: May 31, 2011 13 1. //.+. �.t s ,. In II'rtness Thereof i X4. ..Shr AJ ,tit r"Y .. Y�. .,.-' tr Z LC_.Iinton P.Sayers,Chair t ,yam41 it y,ti � r a4P t 1. bra,/,4./ t S ,.x�,;f=ins Loretta Deliy,AOing Commissioner 11 Clinton P.Sayers,Chair James(Jamie)B.Ratliff,Vice Chair Mark A.McAnally,Secretary Robert D.Davis,Jr. Luis F.De La Garza,Jr. Larry D.Kokel Danny R.Perkins Bill F.Schneider Donna L.Walz , ClickFORMS Appraisal Software 800-622-8727 Page 6 of 18 0 File No. Case No. 4388-OH Borrower Nayeb Family LP Property Address 3rd St,Oak St.,and SH-78 R.O.W. City Wylie County Collin State TX Zip Code 75098 LenderlClient Nayeb Family LP Address 4331 Maple Ave. Dallas,TX 75219 I 'f) ' xte i /).,k.,. ,y i ...,., , T n ,.. cl ,, �' „ . 4, ---.,...41, ,,„. I TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD B'EITKNOWN THAT SAMUEL DUANE HOGAN BAVINC PROVIDED SATISFACTORY EVIDENCE OF THE QUALIFICATIONS REQUIRED BY THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT, TEXAS OCCUPATIONS CODE,CHAPTER 1103, IS AUTHOI?IZED TO� USE THE TITLE STATE CERTIFIED RESIDENTIAL REAL ESTATE APPRAISER Number: TX-1336094-R Date of Issue: April 28, 2008 �`� 16 p p a Date of Expiration: April 30, 2010 ,,n,»oe„,# 0,. In Witness Thereof. `S J� '�y atf k•• Nti�� lif):a;,,,,.ti,.i.„A.,); ;(97:2",<‘:-.7- ---7------' "'•,' c Z.ya� ; y , ')4'0 ,tip:- ti� 7` /'� g.linton P.S*Vern,Chair ,,A, ,'itt d*,., limo thy K.Irvine,Coninii.ssioner aiitip U tl �_ , Clinton P.Sayers,Chair James B.Ratliff,Vice-Chair Mark A.T41cAnaliy,Secretory Malcolm S.Dcason William A.Faulk,Jr. Larry D.lColcel Dona S.Scurry Shirley J.Ward ClickFORMS Appraisal Software 800-622-8727 Page 7 of 18 I- Regional Map File No. Case No. 4388-DH Borrower Nayeb Family LP Property Address 3rd St.,Oak St.,and SH-78 R.O.W. City Wylie County Collin State TX Zip Code 75048 Lender/Client Nayeb Family LP Address 4331 Maple Ave. Dallas,TX 75219 - ,::.. Pto;per . .. I •I.Ic.c „,e, I I ril_.;-^ .. :. a Pi ncelon l Little Elm �annth F'i Co .r=� w•e e. jai Lake Della; n C anon Tile Colon, -6F;a1.e Hound0 SUBJECT Hebb .Shepton i _ rY Pianc ,tip �+,-. c. ;�,wcyy=. I.Itop ,ytl�' e ``.r-". O • -----0 P. yp o.. 3Cr • .SachSe Phi Adllt;o,i • Coppell CauoRton r." } . .R ,;'Ieaaonl Va to ttcnardan , i .Buclangham Farmet,Branch j Rode:all• ,- n e f+. `t a a rF.r,p Garland ,vi ,. Mt X, ,-y rw .�Rov,lett Llintere.Chanel• CD fi 1 0 .f 1 .r en a: t S I `'I-° °� ,Unfce[;I t Part f n. .Highlal a Pail:4 i D 411.mg • �� I t ; 1 .., - 5unn;,ale' 1 t=a:1 rDaijas Cl'' I .. 6 Gland Prattle. 0 1 } .. y! '-J = Fome, •." Ca*az'a s•-.r 5:,:,..Cociaell Hill • •�.e 1 5aigent .�r`.-A.-�•, Q •T•. .3alch Spring; ,Lakeland H9ighla �•'I .Lakeslelt ..aro;ra.:--- i.r r .Larson ta' • .Florence Hill A r - -�' �' �Duncanstlle "'" �'k 'v' Hutchins """T•i t t,t x Seegowie ~"S, Ctantlana. ShaneoCi, CedarRS De Sato 0 Lancaster l'aimel erIPLORME I - . . . Data use subject the l cens:• . ill III M . r11t Je_orme De_orme Street Atlas U3AE 20109 ] 1 2 _ J. 5 ti - 5 tt ..,.;delorme corn LSIJ.:-2'=. Data Zoom 9.3 i - I ClickFORMS Appraisal Software 800-622-8727 Page 8 of 18 F Location&Sales Map File No. Case No. 4388-DH Borrower Nayeb Family LP Property Address 3rd St.,Oak St.,and SH-78 R.O.W. City Wylie County Collin State TX Zip Code 75048 Lender/Client Nayeb Family LP Address 4331 Maple Ave. Dallas,TX 75219 r 1. j I I r 4- r n r r j X r 1- r X - — _ I. r t - n C'ORLER 1ST&JEFFERSON - c s.1 c- ..EfFE:.5-:I ST /a is 1ST.2ND.&MARBLE R.O.W. 7 - SI-BJECT E =T ST 0 r7! 0.7 ACRE.BALLARD& 2ND AT SH-78 1"6TE'•=1:E t Q ..ELTLE i E.±LP = r 1 �- i s_1_LEms-- 1DDeLt RME iii MEE i Data use Subject tv II':I1 se- . MM. i_ ft I De_orms Je=omla Street Atlas USA_.2I)O 0 140 280 420 560 700 ....:.delNnit Y_lm I,"j 14 il'El: Data'm m; .y ClickFORMS Appraisal Software 800-622-8727 Page 9 of 18 I' Fuller Appraisals FLOOD MAP ADDENDUM File No. Case No 4388-DH Borrower Nayeb Family LP Property Address 3rd St.,Oak St.,and SH-78 R.O.W. City Wylie County Collin State TX Zip Code 75048 Lender/Client Nayeb Family LP Address 4331 Maple Ave.Dallas,TX 75210 i I Prepared for: I nterFlood '';7 Fuller Appraisals -.":7-,- . , :1ww.IntauflootI.com• 1-B00-252-6633 .,}•lie TX 75098 Iz ul 11 l� 't tnI,.ty(•(It y t l - '' c;; ,f t N '1)Ftl`UIt,‘T1a) o-- ZONE A ,,`- 'i, —� F 1RI �ti U u ' ni:2- Lrj.(� /1l aY1N3p 1O ZONE.," I 0,� •= 7 ,j.. (I l LI �1 - I _I l- r117 1111 -,7.� i go xit.7 ��y, + i'F1 `ZONE `a`� f ri"; ZONE X _ !lush r,r �•fc� -`J .A _aPC:.tLC 3;.5[_itJz i rributefr - ZONE X 4•�. SA9--,,--) 1. 7 . ' l (Q,O :'t ' 'rii (O '?:,+rs7— ,ik ;1-' j i',11 L o ` +� t •� ; i I j r! t i4- of JAI 51/ L€ } r rtVrt (I ,!�" x I., I 11 4-B ; 1 - :I! .1 U. (L ll '1tw17 L r.,1 1 s h, L T u 7i__I r , /J / - ---�1 r'j r 7 zc u .r �E �i n r,' f/,•. 'al rt 1'4 t ZONE Ai �r �! L r �� : A • �ir ,Ir;'l:, r ,'. 11 t b t '- J�f l'y,� n'+..I ZONE X• � Irllrltly ''.'d/- J' 1 . ti7;.114.0 '.'� \ _.. _. I ,'1 P t Ut' J,, ~j u' / ' Ruth Creek 1 ribrattn•A 1 tg - "j - FLOOQ5CAPE r Il W �,� rt rrrtl 7 T— i 1 iFk1ud.1 Hazards Map r 1 11 clap!lumber 1 —" — FitFtEt 1, Effective Date 1 Y .�s -5G'. -J t r ,1 �,,.(:J J-__-Ir, col.,:...,f = !— 1 1 i r+ ,t //-.,_r,i:n i 7 -7,-,r.•! .rb,,r, i ^}- h:•.. ,:/ ( Cf (>1. NS 1!.II. t t . i. :-. 7,1 - CITY .,,1"bc,. -!4�CLa'l7GEi:.�r CRv I_ 4 iT COL 1 1 .i:i I I. Ng((t 1 :i02, I,2 �i -- :FCC 2�CT �t i I — .$P _ JOINS PANEL 0535 11 ` ' - .2-•__.__.. _ ._=.^ac a^-_'^_'_2- :P::.:".:,•,•=_ •,. -;- _ _as•.ro ram-VI._- .-.: ^-. —. _ Ot•. _.i- .-a;1-:.; ___s______ ClickFORMS Appraisal Software 800-622-8727 Page 10 of 18 I Fuller Appraisals SUBJECT PHOTO ADDENDUM Zip Code 75150 File No. Case No. 4388-DH Borrower Nayeb Family LP Property Address 3rd St.,Oak St.,and SH-78 R.O.W. CCOWylie County Collin Stale TX Lender/Client Nayeb Family LP Address 4331 Maple Ave.Dallas,TX 75219 r '7 Subject �, •. • .'i'h' d'7' r s Way Bpi g 1 a de. { fir; L - s rzr "- t +! , ra Ke• r `' i�� ,,�i tq x.fit; � J��f."jyhupj� r.$ �;j(��'„.'.S� ��+y�+J 4l;bds a r ix l+i�� r� i w,,-; ,Et -v4 , Cfi Lj..%. �'L� ' f�4t `r'' Y lac .. {.vM ,:�5 st." it . : " ,TIER rpm { y 4 ?„ ',r,. kl' K' ¢w# - .fa`µ' �`1 +Sa,^,,, .t.)3..�R y y "'r ' i i.i 3{'vim•f.. e .�4 "t. "1_ d ifs _ :!c G. Y r M z . .. , Subjecty rc I a �t r ':: ' ".�c rr q r s M t�^i pd',14 t 4i P� , .,,c..v ,, ' I ,***-.':;'',':-k4.,Trr.4'..k 1 yy,.y� r Y •1.G, 1 + Syr �i 'r* e,.'. ?wr s - t ! r r _ r t 44, ,$. ` r �" +,' x t r,h 3 S""Zs C"y .a•si � SH-78-West 1 11,n 'ram re•.., .> r r . ' - r I, tr I, ClickFORMS Appraisal Software 800-622-8727 Page 11 of 18 11 Fuller Appraisals SUBJECT PHOTO ADDENDUM File No. Case No. 4388-DH Borrower Nayeb Family LP Property Address 3rd St.,Oak Si,and SH-76 R.O.W. City Wylie County Collin State TX Zip Coda 75150 Lender/Client Nayeb Family LP Address 4331 Maple Ave.Dallas,TX 75219 SH-78-East ' fit.`"f' t ,',' } i. ' f `ta»�x �� I .::.. .''''' ''''-:,...‘t 17,545».1.'''":'' ' -'- /10.4., _, ,.0,,,,,,,..11,..,,r,,,,,,r,. . ,..„..,..„,..„,„""-A!„.".:^'-' ` �' ' r . _,- _. Area 2.4 ' Vs1� '+-�wt r +,'„ f. �' # i ` "' W a ' 744.0 ,t14°4 ,d-Rixi#- swxaw hf w„ . w3 . .:: "i*"""y«..r J+ar ...ra.. -'. ar"�+a+, `'aM ..:. :�`a 1 . •, a ' SG: 3rd St.-South 0.1 • .x } s ` ' a ...If ;' {i rgewgi4 Y «- i k. $,.ate— -•. —•.— --a.�. �}...`. .. ClickFORMS Appraisal Software 800-622-8727 Page 12 at 18 Fuller Appraisals • SUBJECT PHOTO ADDENDUM File No. Case No. 4388-DH Borrower Nayeb Family LP Properly Address 3rd St.,Oak St.,and SH-78 R.O.W. City Wylie County Collin State TX Zip Code 75098 Lender/Client Nayeb Family LP Address 4331 Maple Ave.Dallas,TX 75219 r Area r ' r�y�jig 'Yr 1.. •Y. ,,.� yt 911,.` S e�.Ai if jig ` }. M1 r' r I z r � saw �»4.5"w.'w... .... e......+,.... ». .....................--....rr+. ..ar-.:.m...+..uswr✓Y.—..x.,.9 I -East ". Oak t. • ' - . row.`....t- ,., � ClickFORMS Appraisal Software 800-622-8727 Page 13 of 18 I: Fuller Appraisals COMPARABLES 1-2-3 File No. Case No. 4388-DH Borrower Nayeb Family LP Property Address 3rd St.,Oak St.,and SH-78 R.O.W. City Wylie County Collin State TX Zip Code Lender/Client Nayeb Family LP Address 4331 Maple Ave.Dallas,TX 75219 w: COMPARABLE SALE# 1 °"I 1st,2nd,&Marble St.RO.W. I Wylie 1 1� 1 k y t._ 1 f . 3 +.,.�d#p- ,sae'' , " ' it f a Y r 5' • '; r v �z !"r, A'i , •a ,•`_. COMPARABLE SALE# 2 r + t . "— .t • ' Corner 1st&Jefferson i, r ,. � r:i r1 : 1n sa,frL, a Wylie '. ,. 1 t '+J M ky(�• r "ten},(, t 4 �' ` s :' ra tu • • COMPARABLE SALE# 3 0.7 Acre Ballard&2nd at SH-78 Wylie J _ i .rs....... ',, '' 4t_`rtl,` ri >..... .. fit:: L'p`�',„gs . s j- � a* ."`7 #i `r Y Pt� {•e x " r " + *-qy•}cr�q3r L t 'S tt T „i 4 3.;t ClickFORMS Appraisal Software 600-622-8727 Page 14 of 18 Fuller Appraisals File No. Case No. 4388-DH This appraisal report is subject to the scope of work,intended use,intended user,definition of market value,statement of assumptions and limiting conditions,and certifications.The appraiser may expand the scope of work to include any additional research or analysis necessary based on the complexity of this appraisal assignment. SCOPE OF WORK: The scope of work for this appraisal is defined by the complexity of this appraisal assignment and the reporting requirements of this appraisal,including the following definition of market value,statement of assumptions and limiting conditions,and certifications.The appraiser must,at a minimum:(1)perform a complete visual inspection of the subject property, (2)inspect the neighborhood,(3)inspect each of the comparable sales from at least the street,(4)research,verify,and analyze data from reliable public and/or private sources,and(5)report his or her analysis,opinions,and conclusions in this appraisal report. INTENDED USE: The intended use of this appraisal report is for the tender/client to evaluate the property that is the subject of this appraisal for a mortgage finance transaction. INTENDED USER:The intended user of this appraisal report is the lender/client. DEFINITION OF MARKET VALUE:The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale,the buyer and seller,each acting prudently,knowledgeably and assuming the price is not affected by undue stimulus.Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby:(1)buyer and seller are typically motivated;(2)both parties are well informed or well advised,and each acting in what he or she considers his or her own best interest;(3)a reasonable time is allowed far exposure in the open market;(4)payment is made in terms of cash in U.S.dollars or in terms of financial arrangements comparable thereto;and(5)the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions'granted by anyone associated with the sale. 'Adjustments to the comparables must be made for special or creative financing or sales concessions.No adjustments are necessary for those costs which are normally paid by sellers as a result of tradition or law in a market area;these costs are readily identifiable since the seller pays these costs in virtually all sales transactions.Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms offered by a third party institutional lender that is not already involved in the property or transaction.Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based on the appraiser's judgment. STATEMENT OF ASSUMPTIONS AND LIMITING CONDITIONS: The appraiser's certification in this report is subject to the following assumptions and limiting conditions. 1.The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the title to it,except for information that he or she became aware of during the research involved in performing this appraisal.The appraiser assumes that the title is good and marketable and wilt not render any opinions about the title. 2.The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or other data sources)and has noted in this appraisal report whether any portion of the subject site is located in an identified Special Flood Hazard Area.Because the appraiser is not a surveyor,he or she makes no guarantees,express or implied,regarding this determination. 3.The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question, unless specific arrangements to do so have been made beforehand,or as otherwise required by law. 4.The appraiser has noted in this appraisal report any adverse conditions(such as the presence of hazardous wastes,toxic substances,etc.)observed during the inspection of the subject property or that he or she became aware of during the research involved in performing this appraisal.Unless otherwise stated in this appraisal report,the appraiser has no knowledge of any hidden or unapparent deficiencies or adverse conditions of the property(such as,but not limited to,the presence of hazardous wastes, toxic substances,adverse environmental conditions,etc.)that would make the property less valuable,and has assumed that there are no such conditions and makes no guarantees or warranties,express or implied,The appraiser will not be responsible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist. Because the appraiser is not an expert in the field of environmental hazards,this appraisal report must not be considered as an environmental assessment of the property. 5.If the appraiser has based his or her appraisal report and valuation conclusion for an appraisal subject to certain conditions,it is assumed that the conditions will be met in a satisfactory manner. ClickFORMS Appraisal Software 800-622-8727 Page 16 of 18 I' Fuller Appraisals File No. Case No. 4388-DH APPRAISER'S CERTIFICATION:The Appraiser certifies and agrees that: 1.I have,at a minimum,developed and reported this appraisal in accordance with the scope of work requirements stated in this appraisal report. 2.I performed a complete visual inspection of the subject property.I reported the site characteristics in factual,specific terms. 3.I performed this appraisal in accordance with the requirements of the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place at the time this appraisal report was prepared. 4.I developed my opinion of the market value of the real property that is the subject of this report based on the sales comparison approach to value.I have adequate comparable market data to develop a reliable sales comparison approach for this appraisal assignment. 5.I researched,verified,analyzed,and reported on any current agreement for sale for the subject property,any offering for sale of the subject property in the twelve months prior to the effective date of this appraisal,and the prior sales of the subject property for a minimum of three years prior to the effective date of this appraisal,unless otherwise indicated in this report. 6.I researched,verified,analyzed,and reported on the prior sales of the comparable sales for a minimum of one year prior to the date of sale of the comparable sale,unless otherwise indicated In this report. 7.I selected and used comparable sales that are locatlonally,physically,and functionally the most similar to the subject property. 8.I have reported adjustments to the comparable sales that reflect the market's reaction to the differences between the subject property and the comparable sales. 9.I verified,from a disinterested source,all information in this report that was provided by parties who have a financial interest in the sale or financing of the subject property. 10.I have knowledge and experience In appraising this type of property in this market area. 11.I am aware of,and have access to,the necessary and appropriate public and private data sources,such as multiple listing services,tax assessment records,public land records and other such data sources for the area in which the property is located. 12.I obtained the information,estimates,and opinions furnished by other parties and expressed in this appraisal report from reliable sources that I believe to be true and correct. 13.I have taken into consideration the factors that have an Impact on value with respect to the subject neighborhood,subject property,and the proximity of the subject property to adverse influences in the development of my opinion of market value.I have noted in this appraisal report any adverse conditions(such as,but not limited to,the presence of hazardous wastes,toxic substances, adverse environmental conditions,etc.)observed during the inspection of the subject property or that I became aware of during the research involved in performing this appraisal.I have considered these adverse conditions in my analysis of the property value, and have reported on the effect of the conditions on the value and marketability of the subject property. 14.I have not knowingly withheld any significant information from this appraisal report and,to the best of my knowledge,all statements and information In this appraisal report are true and correct. 15.I stated in this appraisal report my own personal,unbiased,and professional analysis,opinions,and conclusions,which are subject only to the assumptions and limiting conditions in this appraisal report. 16.I have no present or prospective Interest in the property that is the subject of this report,and I have no present or prospective personal interest or bias with respect to the participants in the transaction.I did not base,either partially or completely,my analysis and/or opinion of market value in this appraisal report on the race,color,religion,sex,age,marital status,handicap,familial status,or national origin of either the prospective owners or occupants of the subject property or of the present owners or occupants of the properties in the vicinity of the subject property or on any other basis prohibited by law. 17.My employment and/or compensation for performing this appraisal or any future or anticipated appraisals was not conditioned on any agreement or understanding,written or otherwise,that I would report(or present analysis supporting)a predetermined specific value,a predetermined minimum value,a range or direction in value,a value that favors the cause of any party,or the attainment of a specific result or occurrence of a specific subsequent event(such as approval of a pending mortgage loan application). 18.I personally prepared all conclusions and opinions about the real estate that were set forth in this appraisal report.If I relied on significant real property appraisal assistance from any individual or individuals in the performance of this appraisal or the preparation of this appraisal report,I have named such individual(s)and disclosed the specific tasks performed in this appraisal report. I certify that any individual so named is qualified to perform the tasks.I have not authorized anyone to make a change to any item in this appraisal report;therefore,any change made to this appraisal is unauthorized and I will take no responsibility for it. 19.1 identified the lender/client in this appraisal report who is the individual,organization,or agent for the organization that ordered and will receive this appraisal report. 20.The lender/client may disclose or distribute this appraisal report to:the borrower;another lender at the request of the borrower; the mortgagee or its successors and assigns;mortgage insurers;government sponsored enterprises;other secondary market participants;data collection or reporting services;professional appraisal organizations;any department agency,or instrumentality of the United States;and any state,the District of Columbia,or other jurisdictions;without having to obtain the appraiser's or supervisory appraiser's(if applicable)consent.Such consent must be obtained before this appraisal report may be disclosed or distributed to any other party(including,but not limited to,the public through advertising,public relations,news,sales,or other media). ClickFORMS Appraisal Software 800-622-8727 Page 17 of 18 Ui Fuller Appraisals File No. Case No. 4388-DH 21.I am aware that any disclosure or distribution of this appraisal report by me or the lender/client may be subject to certain laws and regulations.Further,I am also subject to the provisions of the Uniform Standards of Professional Appraisal Practice that pertain to disclosure or distribution by me. 22.If this appraisal report was transmitted as an"electronic record"containing my"electronic signature,"as those terms are defined in applicable federal and/or state laws(excluding audio and video recordings),or a facsimile transmission of this appraisal report containing a copy or representation of my signature,the appraisal report shall be as effective,enforceable and valid as if a paper version of this appraisal report were delivered containing my original hand written signature. SUPERVISORY APPRAISER'S CERTIFICATION: The Supervisory Appraiser certifies and agrees that: 1.I directly supervised the appraiser for this appraisal assignment,have read the appraisal report,and agree with the appraiser's analysis,opinions,statements,conclusions,and the appraiser's certification. 2.I accept full responsibility for the contents of this appraisal report including,but not limited to,the appraiser's analysis,opinions, statements,conclusions,and the appraiser's certification. 3.The appraiser identified in this appraisal report is either a sub-contractor or an employee of the supervisory appraiser(or the appraisal firm),is qualified to perform this appraisal,and is acceptable to perform this appraisal under the applicable state law. 4.This appraisal report complies with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place at the time this appraisal report was prepared. 5.If this appraisal report was transmitted as an"electronic record"containing my"electronic signature,"as those terms are defined in applicable federal and/or state laws(excluding audio and video recordings),or a facsimile transmission of this appraisal report containing a copy or representation of my signature,the appraisal report shall be as effective,enforceable and valid as if a paper version of this appraisal report were delivered containing my original hand written signature. APPRAISER SUPERVISORY APPRAISER(ONLY IF REQUIRED) Signature:.... la., -_ .- " Signature-e7 ?.��=� a r Name David L.Fuller,GAA.CCRA Name Duane Hogan-FIELD APPRAISER,CRRA Company Name Fuller Appraisals Company Name Company Address 703 W.Ave.D Company Address Garland,TX 75040 Telephone Number 972/271-2507 Telephone Number Email Address fullapp@earthlink.net Email Address Date of Signature and Report October 1,2009 Date of Signature October 1,2009 Effective Date of Appraisal September 25,2009 State Certification# TX-1336094-R State Certification# 1320771-G or State License# or State License# State TX or Other(describe) State# Expiration Date of Certification or License 04/30/10 State TX Expiration Date of Certification or License 05/31/11 SUBJECT PROPERTY ADDRESS OF PROPERTY APPRAISED _ 3rd St.,Oak St.,and SH-78 R.O.W. Did not inspect subject property Wylie,TX 75150 Did inspect exterior of subject property from street Date of Inspection APPRAISED VALUE OF SUBJECT PROPERTY$ 14,500.00 Q Did inspect interior and exterior of subject property LENDER/CLIENT Date of Inspection September 25,2009 Name Company Name Nayeb Family LP COMPARABLE SALES Company Address 4331 Maple Ave.Dallas El Did not inspect exterior of comparable sales from street TX 75219 X Did inspect exterior of comparable sales from street Email Address Date of Inspection September 25,2009 ClickFORMS Appraisal Software 800-622-8727 Page 18 of 18 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: October 27, 2009 Item Number: 3 Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: 10/16/09 Budgeted Amount: Exhibits: Two Subject Consider, and act upon, approval of the location of two additional kiosk plazas in accordance with Ordinance 2009-21, Section 9.E. Recommendation Motion to approve the location of two additional kiosk plazas in accordance with Ordinance 2009-21, Section 9.E. Discussion With the adoption of Sign Ordinance No. 2009-21, replacing and repealing Sign Ordinance No. 2003-14 and 2008-33, Council has moved forward in providing for homebuyers and citizens directions to the location of housing developments, homebuilders, public facilities and community events within the city while discouraging the placement of unsightly and hazardous off-site directional signs. In accordance with Section 9.E the contractor is providing a location map depicting two new proposed locations for Kiosk plazas for Council approval. The attached Exhibits A & B depicts the proposed locations. Exhibit A- Plaza 2 represents the location at the SEC of McCreary and FM 544. In accordance with the Ordinance, a kiosk plaza shall not be located on private property or within a utility easement. The subject plaza shall be located within the sidewalk easement and oriented for traffic heading east on FM 544. The plaza will be installed 72 feet from the center line of FM 544 and 70 feet from the center line of McCreary Road. The sidewalk easement was dedicated by plat to the City of Wylie for public use. Exhibit B-Plaza 9 depicts the second kiosk site to be located at Cooper Drive and SH 78. The plaza will be located within the Cooper Drive right-of-way, approximately 18 feet from center line of Cooper Drive and 80 feet from the center line of SH 78. The Vendor has stated that with the high demand for these locations, it is being proposed that the plazas be 12 feet in height. Approved By Initial Date Department Director RO 10/19/09 City Manager /0/,;74 Page 1 of 1 EXHIBIT "A" PLAZA 2 e ze,,,,,e.., ...‘"Za.519_, ..... -10.,“ _._ , . . . . . , . . . 4 L . F A. 54 . .L. ' r . . - ... . -..- .. . t. • . . 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