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04-15-2025 (Planning & Zoning) Agenda PacketWylie Planning and Zoning Commission Regular Meeting JAI April 15, 2025 — 6:00 PM f'N Council Chambers - 300 Country Club Road, Building #100, Wylie, Texas 75098 CITY OF WYLIE CALL TO ORDER INVOCATION & PLEDGE OF ALLEGIANCE COMMENTS ON NON -AGENDA ITEMS Any member of *the public may address Commission regarding an item that is not listed on the Agenda. Members of *the public must fill out a form prior to the meeting in order to speak. Commission requests that comments be limited to three minutes for an individual, six minutes for a group. In addition, Commission 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 Commission 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 the approval of the meeting minutes from the April 1, 2025 Planning and Zoning Commission Meeting. B. Consider, and act upon a recommendation to City Council regarding a Final Plat creating Lots 1 and 2, Block A of Wagon Wheel Estates on 1.488 acres in the City of Wylie Extra Territorial Jurisdiction, property located at 121 Wagon. Wheel Lane. C. Consider, and act upon a recommendation to City Council regarding a Final Plat creating Lots 1 and 2, Block A of Paul Wilson Addition on 3.46 acres in the City of Wylie Extra Territorial Jurisdiction, property located at 300 & 304 Paul Wilson Road. Q. Consider, and act upon, a recommendation to the City Council regarding a Preliminary Plat of Lot 1, Block A of Lake Trails of Bozman Farm Phase 2 creating one HOA open space lot on 29.609 acres, generally located at 1610 Troy Road. E. Consider, and act upon, a recommendation to the City Council regarding a Final Plat of Lot 1, Block A of Lake Trails of Bozman Farm Phase 2 creating one HOA open space lot on 29.609 acres, generally located at 1610 Troy Road. REGULAR AGENDA 1. Consider, and act upon, a Site Plan for a temporary batch plant use on Lot 4, Block A of Wylie Civic Center Addition. Property located at 2315 W FM 544. PAY111 Al' 114 `1=1[il l age 11 1 EXECUTIVE SESSION RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. ADJOURNMENT CERTIFICATION I certify that this Notice of Meeting was posted on April 11, 2025, at 5:00 p.m. on the outside bulletin board at Wylie City Hall, 300 Country Club Road, Building 100, Wylie, Texas, a place convenient and readily accessible to the public at all times. Stephanie Storm, City Secretary Date Notice Removed 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 972.516.6020. Hearing impaired devices are available from the City Secretary prior to each meeting. If during the course of the meeting covered by this notice, the Commission should determine that a closed or executive meeting or session of the Commission or a consultation with the attorney for the City should be held or is required, then such closed or executive meeting or session or consultation with attorney as authorized by the Texas Open Meetings Act, Texas Government Code § 551.001 et. seq., will be held by the Commission at the date, hour and place given in this notice as the Commission may conveniently meet in such closed or executive meeting or session or consult with the attorney for the City concerning any and all subjects and for any and all purposes permitted by the Act, including, but not limited to, the following sanctions and purposes: Texas Government Code Section: § 551.071 — Private consultation with an attorney for the City. 2 04115120251tem A. JAI fN CITY OF WYLIE Department: Prepared By: Planning Gabby Fernandez Planning & Zoning Item: A Consider, and act upon, approval of the meeting minutes from the April 1, 2025, Planning and Zoning Commission meeting. Motion to approve Item as presented. The minutes from the April 1, 2025, Planning and Zoning Commission meeting are attached for your consideration. 0 04115120251tem A. Wylie Planning and Zoning Commission Regular Meeting April 01, 2025 — 6:00 PM Council Chambers - 300 Country Club Road, Building #100, Wylie, Texas 75098 CALL TO ORDER CITY OF WYLIE Chair Joshua Butler called the meeting to order at 6:OOpm. In attendance were Chair Joshua Butler, Vice -Chair Rod Gouge, Commissioner Joe Chandler, Commissioner Keith Scruggs, Commissioner Franklin McMurrian and Commissioner Zeb Black. Staff present were: Community Services Director Jasen Haskins, Senior Planner Kevin Molina, Development Engineering Manager Than Nguyen and Administrative Assistant Gabby Fernandez. Absent was Commissioner Zewge Kagnew. INVOCATION & PLEDGE OF ALLEGIANCE Vice -Chair Gouge gave the Invocation and Commissioner Chandler led the Pledge of Allegiance. COMMENTS ON NON -AGENDA ITEMS Any member of the public may address Commission regarding an item that is not listed on the Agenda. Members of the public must fill out a form prior to the meeting in order to speak. Commission requests that comments be limited to three minutes for an individual, six minutes for a group. In addition, Commission is not allowed to converse, deliberate or take action on any matter presented during citizen participation. No persons were present wishing to address the Commission. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the Commission 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 meeting minutes from the March 18, 2025 Planning and Zoning Commission meeting. B. Consider, and act upon, a recommendation to City Council regarding an amended plat being a Final Plat of Lot 7R, Block A of the Greenway Addition, establishing one commercial lot on 1.215 acres. Property located at 961 S Westgate Way. C. Consider, and act upon, a recommendation to City Council regarding a Preliminary Plat of Lots 1, Block A of Dura Pier Foundation Addition, establishing one commercial lot on 2.394 acres. Property located at 339 Hooper Road. BOARD ACTION A motion was made by Vice -Chair Gouge, seconded by Commissioner McMurrian, to approve the Consent Agenda as presented. A vote was taken and the motion passed 6 — 0. Page I I 0 04115120251tem A. REGULAR AGENDA 1. Consider, and act upon, a recommendation to the City Council regarding a Preliminary Plat of Country Club Estates creating 173 residential lots and seven HOA lots on 59.755 acres, generally located at 1755 FM 1378 and 1.813 & 2241 McMillen Road. BOARD ACTION A motion was made by Vice -Chair Gouge and seconded by Commissioner McMurrian to approve Regular Agenda Item 1 as presented. A vote was taken and carried 6 — 0. 2. Consider, and act upon, a Site Plan for Lot 2, Block A of Senior Medical Addition for the development of a multi -tenant retail use on 5.434 acres. Property located at 2310 W FM 544. BOARD ACTION A motion was made by Commissioner McMurrian and seconded by Commissioner Chandler to approve Regular Agenda Item 2 as presented. A vote was taken and carried 6 — 0. ADJOURNMENT A motion was made by Commissioner Chandler, and seconded by Vice -Chair Gouge to adjourn the meeting at 6:13 PM. A vote was taken and carried 6 — 0. Joshua Butler Chair ATTEST Gabby Fernandez, Secretary Page 12 5] 04115120251tem B. 0 Department: Prepared By: Planning Kevin Molina Wylie Planning & Zoning Item Number: B Commission Consider, and act upon a recommendation to City Council regarding a Final Plat creating Lots 1 and 2, Block A of Wagon Wheel Estates on 1.488 acres in the City of Wylie Extra Territorial Jurisdiction, property located at 121 Wagon Wheel Lane. Motion to recommend approval as presented. OWNER: Penny Thompson APPLICANT: North Texas Surveying The applicant is proposing to create two residential lots measuring a total of 1.488 acres located outside of the city limits within the City of Wylie Extra Territorial Jurisdiction at 121 Wagon Wheel Lane in the county of Dallas. The purpose of the plat is to create two lots from an unplatted parcel of land to allow for the sale of the individual lots. The plat is technically correct and abides by all aspects of the City of Wylie Subdivision Regulations. Approval is subject to additions and alterations as required by the City Engineering Department. The Planning and Zoning Commission must provide a written statement of the reasons for conditional approval or disapproval to the applicant in accordance with Article 212, Section 212.0091 of the Texas Local. Gov't Code. 6] 1 04115120251tem B. mwo,l WAGON WHEEL LANE SW20ll-E — - -279.M' - LOT 2, BLOCK A X LOT 1, BLOCK A 32,431 SQ. FT. 0.746ACRES 32,399 SQ. FT 0.744 ACRES ... ..... W �20 fTV -2-7-91 — -- — -- I'd 7/114 I T" ..... ...... ... ... .... Imo Ana or Fsa 11- 1- 1 ABBREVIATIONS cou—§ nAM,IF T .. . ... ........... .. ......... . 1cro 1 h 7117 .... ........ ..... . T,- 2 11, L11 -h 11-1, 1-1noaa N'n—l—, KNOW PLL AB:NB—EPRESENTS: 1-1 '11��11,��,1_1111 Ih. 1-111111 - 111, 1 -1 STATE OF TEWS $$ t Ih ll�l h ..... .. ..... . 2- TI, ....... .. .... .. ..... -Fll 111 1111 IF -11 1111, lll� 1, -1 T-- .1 —E mv.>�,.,xs-.T,vsnocunmNrs,uu.NOT�xscoxnmroxr.,areuxvo�.vrosEw,. owns: IN —01TEAS i North Texas Surveying L.L.C. R.&t Pf—Laud 8-,.. MIV, FINAL PLAT LOT I AND 2, BLOCK A WAGON WHEEL ESTATES A Clements S-1, — Ab-alt N. 255 �n the City of Wylie EU, -1- County, T—, D— M—h 2025 0 04115120251tem C. 0 Department: Prepared By: Planning Kevin Molina Wylie Planning & Zoning Item Number: C Commission Consider, and act upon a recommendation to City Council regarding a Final Plat creating Lots 1 and 2, Block A of Paul Wilson Addition on 3.46 acres in the City of Wylie Extra Territorial Jurisdiction, property located at 300 & 304 Paul Wilson Road. Motion to recommend approval as presented. OWNER: Tommy Reed APPLICANT: CBG Surveying The applicant is proposing to create two lots measuring a total of 3.46 acres located outside of the city limits within the City of Wylie Extra Territorial Jurisdiction at 300 & 304 Paul Wilson Road in the county of Collin. The purpose of the plat is to create two lots out of two tracts of land for the sale of the individual lots. Paul Wilson Road is listed as a collector street on the Thoroughfare Plan requiring a right-of-way width of 65'. The plat is dedicating half of this distance being 32.5' as required by section 3.6 of the Subdivision Regulations. The plat is technically correct and abides by all aspects of the City of Wylie Subdivision Regulations. Approval is subject to additions and alterations as required by the City Engineering Department. The Planning and Zoning Commission must provide a written statement of the reasons for conditional approval or disapproval to the applicant in accordance with Article 212, Section 212.0091 of the Texas Local. Gov't Code. 04115120251tem C. VICINITY MAP NOT TO SCALE 40 20' 0 PIT 80' SCALE i' = 40' �.x,.,trx I FK,s.,xx uxs ----PAUL WILSON ROAD eon0 sA.) 88 21 09' E 530 67 „ R i W Y E CAT ON s. se trnvu.ne s P T) s Ace T POINT OF --- BEGINNING N nnxEra uc—C —11soor.zzna roT. xa.-'LIFT _ -- w, _ .. LOT ? BLOCK SQ.FT, , I F LOT I BLOCK " OB ACRES T 0 of 4o'" C F " o 0.99 ACRES w 1 � aunt �aw.rEs ossicr AY ELF P , ooeana ,1011— 1.11 /e ' _ -- EYE L _ S34arb 3 / �c7 �15f i rs i _ � I _ c zsio.a>:zs LEGEND .R D.c.r MAP REcoROs DAuns couNry icxnC L .IN,. .D.0 i. oFFCAL PUSLC RECORDS, DALLAS COUNTY TEXAS -- , . NO M HT R ENT NUMBER ... T. /PG. YO UMF PAGE ESMi = EASEMENT & = TEXAS POWER AND LIGHT OR,O Ni - ROD �O A,K.A = ALSO KNOWN AS GENERAL NOTES C) EAARINGS SHOWN ARE (Bo E) ON THE STATE PLANE OODRDINATE SYSTEM, NORTH TEXAS 2)NTHE PURPOSE OF THIS PLAT IS TO CREATE 1 RESIDENTIAL LOT AND i COMMERCIAL LOT WITS 11 LAID 3) LAT TO LOT DRAINAGE W NOT RE ALLOWED WITHOUT ENGINEERING SECTION APPROVAL, a) ANY STRUCTURE NEW OR EXISTING MAY NOT EXTEND ACROSS NEW PROPERTY LINES. 5) CENTRAL NATES SHOW HEREON ARE TEAS STATE PLANE GFOINNUATENAT SYSTEM R H CENTRAL ZONE NORTH NAMER CAN DATUM OF 1983 ON GR D COORD NATE VALUES GET AND CSON e) BENCHMARK NATION - O) SEANCE A PORT STATE OF ,H8 DOING 50 I BY METES AND BOUNDS S A VIOLATION HHOLDI OF CITY ORDNANCE AND STATE l 11 00 NG SO S SUBJECT TO FINES AID THE WITHHOLDING OF AND BUILDING 8) ACCORDING TO THE FPER .I IN MAP . 48085CO420J. THE SUBJECT PROPERTY LIES IN ZONE X AND DOES NOT LIE WITHIN THE 100 YEAR FLOOD CONE, , _ X ALAIIx L ' <o.xx xo.00 IPAGEi OF_Zj FINAL PLAT PAUL WILSON ADDITION '.. LOT i AND LOT 2, BLOCK A 150,785 S0. FT. OR 3.46 ACRES RESIDENTIAL LOT AND 1 COMMERCIAL LOT i JAMES TRUETT SURVEY, ABSTRACT NO. 920 CITY OF WYLIE-ETJ, COLLIN COUNTY, TEXAS LIKESRNY EOLC R rEYiNG A1LC 21A>4 REED O4:GNiTHOMAS P AAFARPj sAe M SF _ n6 0 00 SURVEt'iNG TFX 451IC.nww>, e688 b9L n _ = a' / pwrE Oa-oa-2a25 /JOB uo. I+ sas -O, / L'.N- U1_ w 04115120251tem C. OWNER'S CERTIFICATE STATE OF TEXAS COUNTY OF DALLAS WHEREAS Tommy Read LLC is the own.' of a 3.46 a e tract of land situated in the James Truett Survey, Abstract Number 920, Collin County, Texas, s e being tracts 1 and 2 of that land c,County, Texas, and being veyed to Tommy Reed, LLC, by Warranty Deed record ed In Instrument Number 20210827001738210, Official Public Records, Collin a portion of that tract of land c veyed to Tommy Reed, LLC by Warranty Deed recorded in Instrument Number 20210826001735810, Official Public Records, Collin County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING of a mag nail set for c said corner lying along the centerline of Paul Wilson Road (a public Right -of -Way, also known a County Road 384), some being the corner, c of a tract of land conveyed to Anneto Michelle Moerbe, by deed recorded in Instrument Number 20131028001466770, Official Public Records, Collin County, Texas; THENCE South 88 degrees 21 minutes 09 seconds East, along the centerline of said Paul Wll son Road, a distance of 530.69 feet to a 1/2 Inch iron rod set with a plastic yellow cap stamped "CBG Surveying" for corner, said corner being a Northwest corner of a tract of land conveyed to North Texas Municipal Water District, by deed recorded in Instrument Number 91-0055133, Official Public Records, Collin County, Texas; THENCE South 00 degrees 59 minutes 39 seconds West, along the West line of said North Texas Water Municipal Water District tract, passing a 1/2 inch iron rod found at a distance of 215.82 feet and continuing a total distance of 260.93 feet to a 1/2 Inch ironrod set with A plastic Yellow cap stamped "CBG Surveying" for c said c r being the Northeast c of a 15 foot alley, of Knsington Manor Estates, n Addition to the City of Mount Pleasant, Collin County, rTexaso according to the Plat thereof recorded in Volume C. Page 568, Map Records, Collin County, Texas; THENCE South 86 degrees 51 minutes 17 seconds West, along the North Right -of -Way line of said 15 foot alley, a distance of 535.52 feet to a 1/2 inch rod set with a plastic yellow ,c ap stamped "CBG Surveying" for c said c r lying along the Noriht Right -of -Way line of sold 15 footnallby, and being a Southeast corner the remainder of said Tommy Reed LLC tract ,(20210826001735810); THENCE North 01 degree 38 minutes 51 Seconds East, along as East line of said remainder OF BEGINNING and containing 150,785 square feet or 3.46 tract, passing a 1/2 inch i rod found at a distance of 45.15 feet, and continuing a total distance of 305.65 feet to the POINT acres of land. ■xeigiuir M. R.D.C.T. = MAP RECORDS, DALLAS COUNTY, TEXAS O.P.R.D.C.T. = OFFICIAL PUBLIC RECORDS, DALLAS COUNTY, TEXAS INST. N0. = INSTRUMENT NUMBER VOL.,/PG. = VOLUME, PAGE ESMT. = EASEMENT T.F. & L - TEXAS POWER AND LIGHT CM - CONTROLLING MONUMENT R.O.W. - RIGHT-OF-WAY IRE = IRON ROD FOUND IRS = IRON ROD SET WITH A PLASTIC YELLOW CAP STAMPED "CBG SURVEYING" AIDS = MAD NAIL SET A.K.A. = ALSO KNOWN AS GENERAL NOTES 1) BEARINGS SHOWN ARE BASED ON THE STATE PLANE COORDINATE SYSTEM, NORTH TEXAS CENTRAL ZONE, BAD 83 (2011). 2) THE PURPOSE OF THIS PLAT IS TO CREATE 1 RESIDENTIAL LOT AND i COMMERCIAL LOT FROM 2 TRACTS OF LAND. 3) LOT TO LOT DRAINAGE WILL NOT BE ALLOWED WITHOUT ENGINEERING SECTION APPROVAL. 4) ANY STRUCTURE NEW OR EXISTING MAY NOT EXTEND ACROSS NEW PROPERTY LINES, 5) COORDINATES SHOWN HEREON ARE TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE, NORTH AMERICAN DATUM OF 1983 ON GRID COORDINATE VALUES, NO SCALE AND NO PROJECTION. 6) BENCHMARK IS CITY OF WYLIE MONUMENT NAME "CM 2", ELEVATION = 550.61'. 7) SELLING A PORTION OF THIS ADDITION BY METES AND BOUNDS IS A VIOLATION OF CITY ORDINANCE AND STATE LAW, DOING SO IS SUBJECT TO FINES AND THE WITHHOLDING OF UTILITIES AND BUILDING PERMITS. 8) ACCORDING TO THE F.I.R.M. IN MAP NO. 48085C0420J, THE SUBJECT PROPERTY LIES IN ZONE X AND DOES NOT LIE WITHIN THE 100 YEAR FLOOD ZONE. "RECOMMENDED FOR APPROVAL" Comm ss oner's Court Date The undersigned, the City Secretary of the City of Wylie, Texas, hereby certifies that the foregoing final plat of the subdivision o addition to Collin County was subrrtted to the City Council on the .___.___ day of -.__.__._.._._ ---- ._.___._.___., 20 and the Council, by formal action, then and there accepted the dedication of streets, alley, parks, e ement, public places, and water and r lines as shown and set forth in and upon said plat and said Council further authorized the Mayor to note the SFee Pierce thereof by signing his name as hereinabove ubscribed. Witness my hand this __-_ day of -______-___, A.D.. 20 City Secretary City of Wylie, Texas OWNER'S DEDICATION NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That Tommy Reed, LLC, acting herein by and through their duly authorized officers, does hereby adopt this plat designating the herein above described property as LOT AND LOT 2, BLOCK A, PAUL WILSON ADDITION, an addition to Collin County, Texas, and does hereby dedicate, in fee simple to the public u e forever, the streets, rights -of -way, and other public improvements shown thereon. The streets and alleys, If any, are dedicated for street purposes. The easements and public shown, a e dedicated, for the public use forever, for the purposes indicated on this plate No buildings, fences,, trees5 shrubs o r other improvements or growths shall be c nstructed or placed upon, o s fhe a ants as shown, axes A that landscape Improvements may be placed In landscape e ants, If approved by then Clty of aWylie. In addition, utility e ants may also be used for the mutual Mae and a modation of all public utilities desiring to u or sing the s ,less ss the e ent limits the u s to particular unlit-, said u s by public utilities being subordinate to, the public's City of Wylie u e thereof. The public utility entities shall have the right to r and keep removed all or parts of any buildings, fences, trees, shrubs o other improvements or growths which may In any way enda nger ,or Interfere whh the nstruction, maintenance, o efficiency of their respective systems in said e ants. The public utility entities shall at all times hove the full right of ingress and egress to or a from their respective easements for the purpose of c nstructing, reconstructing, inspecting, patrolling, maintaining, reading meters, and adding to or removing all or parts of their respective systems without the necessity at any time procuring permission from anyone. This plat approved subject to all platting ordinances, rules, regulations and resolutions of the City of Wylie, Texas WITNESS, my hand, this the _-- day of ______________, 2025. BY: Tommy Reed, LLC, Owner Thomas Reed, Agent STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned, o Notary Public in and for said County and State on this day appears Thomas Reed known to e to be the person whose n subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and mconsiderations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the - _ - day of - - - _ - - - 2025 Notary Public In and for Dallas County, Texas. SURVEYOR'S STATEMENT: That I, Bryan Connally, do hereby certify that I prepared this plat from a actual and accurate survey of the land and that the c ants shown thereon a set were properly placed under my personal supervision In o.ccardonce with the Subdivision Ordinance of the City of Wylie. RELEASED FOR REVIEW 04/08/2025 PRELIMINARY, THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE AND SHALL NOT BE USED OR VIEWED OR RELIED UPON AS A FINAL SURVEY DOCUMENT. Bryan Connally Texas Registered Professional Land Surveyor No. 5513 STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned, a Notary Public in and for the said County and State, on this day personally appeared Bryan Connally known to me to be the person whose n subscribed to the foregoing instrument and acknowledged to m x that he executed the same for the purpose therernm expressed and under oath stated that the statements in the foregoing certificateare true. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of Notary Public in and for the State of Texas 2025, 'RECOMMENDED FOR APPROVAL" VALE z oF_z) Chair , Planning & Zoning Commissm, Date FINAL PLAT n City of aWylie, Texas POT I AND SON 2ADDLCKION I50,J85 SQ. FT. OR 3.46 ACRES "APPROVED FOR CONSTRUCTION" t RESIDENTIAL LOT AND 1 COMMERCIAL LOT DAMES TOILET T SURVEY, ABSTRACT NO. 920 CITY OF WYLIE-ETJ, COLLIN COUNTY, TEXAS Mayor, City of Wylie, Texas Date IL �I G E s RVEYiNG 0 OWNER: TOMMY REED, EED LLC E 30 ' Y 'ACCEPTED" AGENT THO AS REED 1 v T )S cover - 9 3 8 'Asti SURVEI'iNG TEX 451IC F aas aT b a�ww o1c8800 Mayor, City of Wylie, Texas Date e. f" :"=""� .mg lic vi FILED IN INSTRUMENT No. sc.is = a' /are w-os-zags / Joa rvo. +waaz-o+ / ae.wx er_ .1 10 04115120251tem D. 0 Department: Prepared By: Planning Kevin Molina Wylie Planning & Zoning Item Number: D Commission Consider, and act upon, a recommendation to the City Council regarding a Preliminary Plat of Lot 1, Block A of Lake Trails of Bozman Farm Phase 2 creating one HOA open space lot on 29.609 acres, generally located at 1610 Troy Road. Motion to recommend approval as presented. OWNER: Bozman Farm Estates Master Association APPLICANT: Global Land Surveying The applicant has submitted a Preliminary Plat for Lot 1, Block A of Lake Trails of Bozman Farm Phase 2 creating one open space lot to be owned and maintained by a Home Owners Associations. The property is zoned within the Bozman Farms Planned Development Ordinance 2002-52 approved in December of 2002. The open space lot is being proposed at this location largely due to the fact that most of the land within this subject property is located within the flood plain which prevents for the constructions of vertical development or the placement of structures that could affect drainage flow. Having the lot designated as an open space allows for the property to be taxed appropriately with the tax appraisal district. The final plat is also included on the consent agenda as Item E as allowed by Section 2.2 (F) of the Subdivision Regulations which states: In the event that an applicant submits preliminary plat and final plat applications simultaneously, as provided in Section 2.4 (C), the City Planner shall schedule both plat applications for action by the Commission. If the preliminary plat has not received approval prior to consideration of the final plat by the Commission, then the Commission shall deny the final plat if the final plat application is not withdrawn by the applicant. Failure to obtain approval of the preliminary plat shall be grounds for denial of the final plat. The City Council shall take action on either one or both plat applications, as applicable, in accordance with the procedures set forth in Section 2 of this Ordinance. The plat is technically correct and abides by all aspects of the City of Wylie Subdivision Regulations pending the submission of the Traffic Impact Analysis. Approval is subject to additions and alterations as required by the City Engineering Department. The Planning and Zoning Commission must provide a written statement of the reasons for conditional approval or disapproval to the applicant in accordance with Article 212, Section 212.0091 of the Texas Local Government Code. 1 04115120251tem D. I " � T O� SIT 4 ILA L BLOCK A OR N ""T 17 TO 11 12 BLOCK C,—_ 14 20 HILL VIEW TRAIL . ......... _�BLOCK 1—W 1, —1 111 21 24 23 22 21 �mmm �mml OF OCK r"TZIT11�11"18.T Y, . ...... . . .. . . . 4 4 R c 4 11 T I '1 71 111 11 12 7 71 l-T ----- 13 21 TA— N1 LIFT 1 011 LIT 11T.— 11111-1 IKI 1-- Z 1 7 27 Yl Yl 1111 11 11 26 1 ll� IAIL I CK A111 11 11 �� 'Ell 1. 1 l 14 \1 25 All' 11 POA 11 11 1 1111 1 Ll �K < 24rvexrx 1� \ \ y` v� 2 \ 9 23 2B\ 22 \ 2i ROPE 28 I L."", 'g, IS— T F. 20 KIN oar 2 6 15 19 1, 25 12 2 N 23 12\ F t4 Al— �A,N,TTI L 2 II.A,11- IF 11 15 I ITT A PIT IYLLI "I 11K. 50, I IT 1� OlICT 'Y 011- '.A' I'll C 1111 . —ply \ �q L YZl'AllTl`T'l %1� 'o E"FC, AN,/ C PK��I",� 2 A" �11RIR Ol IF�FYIA,5,�FII,",,I'T� IN AFC L 2X LOFirs T 10 BLOCK FOR R�ASID ALT 011051- BLOCK A 1-1—S CL11 �.l TO 1 K------- 7 HLOP A; TL1111 .11 7 \\ \ \ \ 1— NCIT 11I IT El me F-11 1w=ILIVIIILIN I IvF. A C1—O1 K..T1. I1- T1IAlTIl, � 4 F IF I'Ll I'- ZRI �Y SIll T .11T A LPEC —al .1 TFCI IFI lAl IF111= T.11 TIE 11 �l ------------ 2Y21 'F 011 TI2 1� A VY RLCE.—LE 101 1111K., MAX \'\ '2`� oa �12 IT— CFICT \A,- K T ll.T L 'CL N, "'Y �l lEl L1111 01 0 1111 11 F ew 4 IER 7 -BLOCK A I 114 10 11 L' I Ill YOL.N Y-1, "A' LT�EK11 —E-1 ,FF KCY, AP1111— 1110 EMERALD OWNER's DEDICATION FA BROOK fl E 'T Rrr I-- JET— COLJR� AIP%IY� 'l.VlTY`OFEl'.'l'JN 2 NOW, THEREFORE, KNOW ALL IEN BY THESE PRESENTS ICCEP BLIIK5 I //1— ------- ------- 7 / A Al A �U\�o 1 B - --- ------ 1� AANTA,�,Y 11 Ell 11IN F Ll"IQ l"IlF 15' """'F "T'I 1 0" N, —F _F L -------- C�Ll��'I'TL YEOPK� �) �j Ili 'ti� �' � \I�� OL NP LIT '3K o, SF"Lll,�"rorlAl ZE Y` 1 1— IK -- --------- 11 211111,11,11111 oll=,1%11�11_11 L� Y-L 01 111E�ll I ------- — ------------------ ----- — --------- a�o YNI.ITI PRELIMINARY PLAT ----------- 1111 CT76�7i LAKE TRAILS OF BOZMAN FARM VN` P`ZlT5 I I AC, A- 1"L-,�,1�1,PHASE 2 -------- --- ------------------------- LOT 1, BLOCK A IF TI OF I Oe c OJNFY OF C0/L'LTN ---------- BEM 29.609 ACRES OF LAND SffUATED IN THE 7 0 A. WEST SURVEY, ABSTRACT NO. 979 'AFTI�I%L TTS ----------- J. JONETT SURVEY, ABSTRACT NO. 475 �1`721 RAlHRE COTIR CITY OF WYLIE, COLLIN COUNTY, TEXAS Yl C OALTI IF " ..... .... I.. IS. 'N ... BE OWNETF III— IACI F-1 Cl APFUL 2025 -L —2-9 -OF IN BE, 100 FEET Fl 1111P L11-1 N1,1111 ill 'OIT. I?AC� 111TI 111 TO _LI . ..... ....... I "Y'll WL IF, I 1.111111411E, �1111'�l I— I L'I I". 71K. HIR . OLIAIIL lGlobal Land Surveyi lE IF LI 04115120251tem E. 0 Department: Prepared By: Planning Kevin Molina Wylie Planning & Zoning Item Number: E Commission Consider, and act upon, a recommendation to the City Council regarding a Final Plat of Lot 1, Block A of Lake Trails of Bozman Farm Phase 2 creating one HOA open space lot on 29.609 acres, generally located at 1610 Troy Road. Motion to recommend approval as presented. OWNER: Bozman Farm Estates Master Association APPLICANT: Global Land Surveying The applicant has submitted a Final Plat for Lot 1, Block A of Lake Trails of Bozman Farm Phase 2 creating one open space lot to be owned and maintained by a Home Owners Associations. The property is zoned within the Bozman Farms Planned Development Ordinance 2002-52 approved in December of 2002. The open space lot is being proposed at this location largely due to the fact that most of the land within this subject property is located within the flood plain which prevents for the constructions of vertical development or the placement of structures that could affect drainage flow. Having the lot designated as an open space allows for the property to be taxed appropriately with the tax appraisal district. The preliminary plat is included on the consent agenda as Item D and allows for this Final Plat vote consideration as allowed by Section 2.2 (F) of the Subdivision Regulations which states: In the event that an applicant submits preliminary plat and final plat applications simultaneously, as provided in Section 2.4 (C), the City Planner shall schedule both plat applications for action by the Commission. If the preliminary plat has not received approval prior to consideration of the final plat by the Commission, then the Commission shall deny the final plat if the final plat application is not withdrawn by the applicant. Failure to obtain approval of the preliminary plat shall be grounds for denial of the final plat. The City Council shall take action on either one or both plat applications, as applicable, in accordance with the procedures set forth in Section 2 of this Ordinance. The plat is technically correct and abides by all aspects of the City of Wylie Subdivision Regulations pending the submission of the Traffic Impact Analysis. Approval is subject to additions and alterations as required by the City Engineering Department. The Planning and Zoning Commission must provide a written statement of the reasons for conditional approval or disapproval to the applicant in accordance with Article 212, Section 21.2.0091 of the Texas Local Government Code. 13] 04115120251tem E. LOT TL._.12 1 y 0 BLOCX An LOT 4 BLOCK X 1 COMMM ON , 11 17 f 2 9? �\win ryp 32 / \ 16 E 56N 60 s I 10 11 12 <" f � TBLOCK CT 14 \ < 20 HILL VIEW TRAIL LeStocx A 26 25 s.s 24 23 uusrzc\r..E w "' 22 21 � \ PNOPbftTY OttNEE 9 CPRTIFIC4TE 4 waa �:or3.n � 4 10 � � 3x --. c 6 3 . „ .111 t000 ras o F cis is I 6 a ro r, 1o"1 .oa marrcu AT 1. soutx.wst 28 / \ 27 /\ \ 1x1oc ..� E SP��' A�� s26� �\ ° a 2 , la o y 2s / 11 alQ6K g� 15° 24 \ 9 / \ 23 29 To i / \ 12 Ii M i< 6Pso:+/ 26 / x 15� 12 25 _ 1 8 %� vo V n� R V A z4� .. 23 + 2 \ 2 - _-.. �... �5 ac Z HIT/ I --- _, J 14� \ \ 2� / " ITSURVEYOR'S CEETIEICATE 1 22i 15 6� 20 s 9 o POINT OF a \� R' 1K I f BEGINNING 'o��E cz.fi cy/ 16 18 \ 111 111 lK6 FlIll 11111C. lIqI 0.Cu+o uti Y it /lIO IN III, wTl .r. -c LOT 32X 10 .. J �vn r airs BLOCK 9 i BLO\ A 8 \ / 'T "C, _c iro IIII ClLIT 11I IT HIT IOINSR i �i 7 V c � � 6 .>> �\y G o iiry _ _cs.. cn / a _o u. LBLOCK 11 \ 4 - o. TIo III o xs rIE 11 or 2s s \2 u a z //� (/� 2 3 " u i is r mns iIN .. ..„,_ "a " - i�RLCOOTH71ILC KII0✓aL a u i ' 3ry BLO K O y 3 oF«, s OT 1 y i BLOCK A " oocc ci ae [ e ss r,zas>ca sa n'. 1 T 8 4 ' (Pas(t9 ace J yi\ as.J LtI K2 v\n BROOK - owEEE s EEOICATIory _ ECOURT 5 COUNTYITAII or Ecoury Me THEREFORE, KNOW ILL IEN BY THESE ERESENTS un 2 M} BLOCK D Fl CCE �C A ss ss. oCse / i ' x s A IT c.s s u S\ `d N I yPD �s ew c cecop cI u uo� cw_rn.� d 1 sas FINAL PLAT 12 e°�,m LAKE TRAILS OF BOZMAN FARM sus. < > PHASE 2 �� E ' LOT 1 BLOCK A —IN °AfB "a'0 its LOT1K `COUNTL OF BEING 29.609 ACRES OF LAND oacc. as cc.. 'a -------- SITUATED IN THE A. WEST SURVEY, ABSTRACT NO. 979 '°" J, JONEIT SURVEY, ABSTRACT NO. 475 GRAPHI°�° nrE �,.,,� CITY OF N too sCA�r M. Porv, 4 - ` " TEXAS r cn na°uucr nuo '�` "— �'r' „"" """'�0OB NO.: 24-i2-Oi9 WYLIE, COLLIN COUNTY, I' C.- IIIIIINE rvr APRIL 2025 ,r , 100 1 Global Land Surveying, Inc. c n of u o u s o c gut s t t 1 °uc^` o cwxu ocmrc 1 INCH = F4:E'C 1111 14 0411512025Item 1. 0 Department: Prepared By: Planning Kevin Molina Wylie Planning & Zoning Item Number: Commission Consider, and act upon, a Site Plan for a temporary batch plant use on Lot 4, Block A of Wylie Civic Center Addition. Property generally located at 2315 W FM 544. Motion to conditionally approve as presented. OWNER: City of Wylie APPLICANT: Tiseo Paving Company The City of Wylie and Tiseo Paving Company are entering into a License Agreement to allow for the temporary development and use of a concrete batch plant located on Lot 4, Block A of Wylie Civic Center Addition. The agreement sets a term of 365 days commencing on November 1 st 2025 to expire on November 1 st 2026 or when the licensee's work is completed. Staff is recommending a conditional approval of the site plan to expire on the aforementioned date. Section 5 of the Zoning Ordinance requires for Temporary Batch Plants to be approved by the Planning and Zoning Commission. The development shall be in compliance with the seven Listed provisions below: 1. Concrete and asphalt mixed on site shall only be furnished to the specific project for which the temporary use permit was issued. 2. The Commission shall review requests for renewal of the permit if the specific project requires an extension of time. 3. The temporary batch plant shall be located and operated in such a manner to eliminate unnecessary dust, noise and odor. 4. On -site fencing, screening, or buffering shall be provided so that adjacent properties are protected from hazards and negative impacts. 5. Any public improvement that is damaged during the operation of the temporary batch plant shall be repaired or replaced. 6. All equipment, materials, and debris shall be cleared off the site and the site shall be completely cleaned upon completion of the project. 7. Parking for this use may be satisfied by providing temporary off-street parking spaces that do not strictly comply with the City's off-street parking construction requirements. The operator of this use shall demonstrate to the satisfaction of the Building Official that temporary off-street parking space: a. Adequately accommodate the parking needs of the use; and b. Will not adversely affect surrounding uses. The provided site plan provides a general layout which demonstrates the placement of equipment, material, screening and parking and vehicular access areas. 0411512025Item 1. The developer shall actively work with the city and TXDOT on any future permitting that may be required to ensure that the entrances to the site do not affect the FM 544 Right of Way with mud or debris. As presented, this site plan is in compliance with the design requirements of the Zoning Ordinance. Approval of the site plan is subject to additions and alterations as required by the City Engineering Department. 16 0411512025Item 1. 1 0411512025 Item 1. This LICENSE AGREEMENT ("A regiment') is made and entered into by and between the CITY OF WYLIE, home -rule municipality and TISEO PAVING COMPANY, Texas corporation ("LiQtn_ag_e"), on the terms and conditions set forth herein. Licensor and Licensee are sometimes referred to collectively as the "Vg1jies" or individually as a WFIEREAS, Licensor hereby licenses to Licensee and Licensee hereby takes from Licensor a portion of the real property located within the WYLIE CIVIC CENTER ADDITION (CWY), BLK A, LOT 4, located off of FM 544, identified as Collin Central Appraisal District Property ID No. 2671801, in the City of Wylie, Texas, as more particularly depicted in blue in Exhibit A, attached hereto (the "Licensed Propeqf'); and WHEREAS, Licensee desires to enter onto and use the Licensed Property for those uses described in Exhibit B, attached hereto and incorporated herein for all purposes ("Permitted ilsso") in support of constructing the project identified as the FM 544 Project (the "Proiect')- and WHEREAS, Licensor agrees to grant Licensee a temporary, non-exclusive license for t g purpose of entering onto and using the Licensed Property for the Permitted Uses on the ter and conditions set forth below; and I WHEREAS, Licensor finds that it is the best interest of Licensor and its citizens to enter into this Agreement and provide the license as described herein. 11011, THEREFORE, in consideration of the covenants and conditions contained in thg* Agreement and other good and valuable consideration, the receipt and sufficiency of which ai hereby acknowledged, Licensor and Licensee agree as follows: 1.1 Grant of License. Licensor hereby grants Licensee a temporary, non-exclusive license for the Permitted Uses on the Licensed Property during the Term (hereinafter defined) of this Agreement. Licensee's right to enter onto and use the Licensed Property shall be limited solely to the Permitted Uses and none other. 1.2 No Cost to Licensor. The parties agree that all costs and expenses associated in any way with Licensee's use of the Licensed Property shall be home solely by Licensee and that Licensor shall have no monetary obligations under this Agreement. 1.3 Non -Exclusive License. This License is non-exclusive and is subject to (a) any existing utility, drainage, communication or other public facility located in, on or under the Licensed Property owned by Licensor or any utility or communication company, public or private; and (b) any existing lease, license or other interest in the Licensed Property granted by Licensor to any individual, corporation or other entity, public or private. License Agreement Between Wylie and Tiseo Paving Company Page I of 13 4595091 F181 1 0411512025 Item 1. 1.4 Mechanic's Liens Not Permitted. Licensee shall fully pay for all labor and materials used in, on or about the Licensed Property and will not permit or suffer any mechanic's or materialmen's liens of any nature to be affixed against the Licensed Property by reason of any work done or materials furnished to the Licensed Property at Licensee's instance or request. 1.5 Governmental Approvals. Licensee, at its sole cost and expense, shall be responsible for obtaining and shall obtain any and all licenses, permits, zoning approvals or other approvals from any and all governmental agencies, federal, state or local, required to carry on any activity permitted herein. 1.6 Securfty of Licensed Proper . Licensee, at its sole cost and expense, shall provide all necessary security ® the Licensed Property. Licensee, at its sole cost and expense, shall erect and maintain in good repair barricades to prohibit public access and use of the Licensed Property. NEW MIAMI III$ I 1.8 Deposit, In addition to the license fee, Licensee shall pay to Licensor a deposit in the amount of twenty-five thousand and no/100s dollars ($25,000.00) CDegosit') before the commencement of the Term. If Licensee defaults with respect to any provision of this Agreement, Licensor �may, but will not be required to, use apply or retain all or any art of the p Deposit for the payment of any license fee or any other sum in default, or for the payment of any other amount which Licensor may incur or may become obligated to incur by reason of Licensee's default, or to compensate Licensor for any other loss or damage which Licensor may suffer by reason of Licensee's default. If any portion of the Deposit is so used or applied, Licensee will, upon demand therefore, deposit cash with Licensor in an amount sufficient to restore the Deposit to the original amount. If Licensee fully performs every provision of this Agreement to be performed by Licensee, the Deposit will be returned to Licensee within thirty (30) days after the expiration of the Term, less any sums Licensor has deducted pursuant to this section. Licensee will not assign or encumber Licensor's interest in the Deposit and neither Licensor nor Licensor's successors or assigns will be bound by any such attempted assignment or encumbrance of the Deposit. 2.1 Maintenaugg. Licensee shall use reasonable care during the use of the Licensed Property to avoid damaging any existing improvements, and equipment on or about the Licensed Property and any adjacent property owned by or under the control of Licensor, except as expressly provided herein, Licensee shall keep the Licensed Property free of trash and debris. Licensee shall mow the Licensed Property as needed and when requested by Licensor. Licensee shall take all action necessary to control and remediate dust, including sweeping the Licensed Property. Licensee shall not erect any permanent improvements on the Licensed Property or remove any existing improvements. Licensee shall be wholly responsible for maintaining the License Agreement Between Wylie and Tisco Paving Company Page 2-of 13 4595091 1 0411512025 Item 1. Licensed Property during the Term (hereinafter defined) and shall repair any and all damages to the Licensed Property that are sustained during Licensee's use of the Licensed Property ("Licensee Damage "). All repairs shall be made at Licensee's sole cost and expense. Licensor shall have the option of making repairs necessitated by the Licensee Damages if. (a) the Licensee Damages interfere with Licensor's use of the Licensed Property, or the Licensee Damages in any way pose a health or safety risk to the public; and (b) Licensor notifies Licensee of the Licensee Damages and Licensee fails to make the appropriate repairs within five (5) days of receiving notice thereof from Licensor. If Licensor makes the repairs under the provisions of this Section 21, Licensor shall send a written invoice to Licensee and take any reasonable action to perform all necessary repairs and assess Licensee for the costs thereof plus interest from the date paid by Licensor to the date of reimbursement by Licensee at the Interest Rate (hereinafter defined). Licensor may elect to use the deposit paid by Licensee for such reimbursement. The term "Interest Rate" shall mean the higher of either (i) the interest rate announced as the "prime rate" In by The Wall Street Journal plus two (2) percent per annum; or (ii) the highest rate of interest allowed by applicable law. This Article 2 shall survive termination of this Agreement. 2.2 Clean -Up. Upon termination of this Agreement and in addition to Licensee's obligations set forth in Section 2.1 above, Licensee shall remove from the Licensed Property all trash, debris, equipment, vehicles, temporary structures, improvements, fencing and any other personal property placed on the Licensed Property by, on behalf of or with the consent of Licensee (collectively, "Licensee's Personal PropsM"), and shall respread topsoil cut from the Licensed Property and hydroseed the Licensed Property with a Bermuda seed mixture to the satisfaction of Licensor. Should Licensee fail to remove Licensee's Personal Property upon the termination of this Agreement in accordance with this 5ggJiQ_rL2.2, Licensor may, in its sole discretion, remove and dispose of the same without any liability, whatsoever, to Licensee. Any costs associated with Licensor's removal of Licensee's Personal Property pursuant to this Section 2.2 shall be borne by Licensee. 2.3 No Alterations. Licensee shall not make, nor allow to be made, any alterations of any kind to the Licensed Property, except as provided herein and except as otherwise approved in writing by Licensor. Licensee shall not injure or damage in any manner the Licensed Property and shall not cause or permit anything to be done whereby the Licensed Property shall be in any manner injured or damaged. 3.1 Term. Licensee's right to enter onto and use the Licensed Property under this Agreement shall be for a term of 365 days, commencing at 12:01 a.m. on November 1, 2025 and shall expire on the earlier of 12:01 a.m. on November 1, 2026, or 1201 a.m, on the date that Licensee's work on the Project is completed ("Term"), at which time this Agreement shall terminate, unless terminated earlier as provided herein or unless the parties mutually agree to a written extension the Term. 3.2 Termination on Default. Notwithstanding the foregoing, Licensor shall have the right to terminate this Agreement if Licensee fails to perform its obligations under this Agreement by providing five (5) business days' written notice and opportunity to cure such License Agreement Between Wylie and Tisco Paving Company Page 3 of 13 4595091 F20] 1 0411512025 Item 1. default. If Licensee fails to diligently proceed to cure the default within such time period, Licensor may then terminate this Agreement by sending an additional written notice to Licensee. 3.3 Termination for Necessity. Notwithstanding the foregoing, Licensor shall have the right to terminate this Agreement without notice to Licensee in an emergency circumstance that would preclude the safe use of the Licensed Property. On termination of this Agreement under the provisions of this Section 3.3, this Agreement shall be deemed null and void, with Licensor having no other obligations or liability under this Agreement. This provision shall survive termination of the Agreement. 3.4 Condition on Termination. On termination of this Agreement, Licensee shall surrender the Licensed Property to Licensor. 3.5 _Holding Over. If Licensee or any party claiming by, through or under Licensee fails to surrender the Licensed Property at the expiration of the Term or the earlier termination of this Agreement, the continued occupancy of the Licensed Property shall be that of a tenancy from week to week, terminable by Licensor in accordance with Texas law. Licensee shall pay an amount (on a per week basis without reduction for partial weeks during the holdover) equal to five thousand and no/100s dollars ($5,000.00), payable in advance, for the period of the holdover. 4.1 Compliance with Laws. Licensee shall, in connection with Licensee's activities on or about the Licensed Property, comply with all applicable laws, rules, codes, regulations, ordinances, government programs and orders by any court or governmental agency (including, without limitation, laws relating to hazardous materials, toxic waste or other substances or materials potentially injurious to health, safety or welfare), as they exist, may be amended or in the future arising, relating to Licensee's use of the Licensed Property. Licensee acknowledges that Licensor has adopted certain rules and regulations covering the use of the Licensed Property and the conduct of persons at or on such Licensed Property, which rules may be amended from time -to -time at Licensor's sole discretion. If Licensee observes that its use and/or occupancy of the Licensed Property is at variance with federal, state and local laws, ordinances and regulations, Licensee shall promptly notify Licensor in writing. 4.2 Hazardous Materials. In the event that any hazardous material, toxic waste or other substance or material potentially injurious to health, safety or welfare is spilled, deposited, placed or dumped on the Licensed Property during or in connection with Licensee's use of the Licensed Property, Licensee shall immediately notify Licensor of the nature and extent of such event and shall, at Licensee's sole cost and expense, promptly remedy the condition to Licensor's satisfaction. ARTICLE 5 — LIABILITY 5.1 Liabilfty. Licensor shall not be liable or responsible for maintaining or improving the Licensed Property and makes no representation about its safety, security, condition or suitability for intended use. Licensor shall not be liable or responsible for any damage or injury to persons or property during Licensee's use of the Licensed Property, whether the damage License Agreement Between Wylie and Tisco Paving Company Page 4 of 13 4595091 F21] 1 0411512025 Item 1. or injury is caused by or results from: (a) fire, electricity, water, wind or other weather conditions; (b) the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, lighting fixtures or any other cause; (c) conditions arising on or about the Licensed Property, or from other sources or places; or (d) any act or omission of Licensee. Licensee assumes full responsibility for the conduct of any and all persons on or about the Licensed Property during Licensee's use of the Licensed Property. (a) Licensee acknowledges and agrees that Licensor is not providing any guarantee, representation or warranty, and Licensor hereby disclaims any guarantee, representation or warranty: (i) of the condition or suitability of the Licensed Property, in whole or in part, for the Permitted Uses; or (ii) that Licensee's Personal Property will not be damaged, stolen or in any other way compromised while the same is located on the Licensed Property. 01, 1 11,21 a TRIVEFAMMITIT"S MN OCCUPANCY OF THE LICFNSED PLROPERTY AS SET FORTH HEREIN. (c) Licensee agrees that Licensor shall not, under any circumstance, be liable and/or responsible for any claim, demand and/or judgment for damages (personal or property), injury (including death), or otherwise, which may, directly or indirectly, in whole or in part, result from Licensee's use and/or occupancy of the Licensed Property whatsoever. 6.1 Licensee's Insurance Reauirements. Licensee shall not enter onto or use the Licensed Property until Licensee has obtained, at Licensee's expense, all of the insurance required hereunder and such insurance has been approved by Licensor. Licensee shall procure and maintain General Liability insurance for personal injury (including death) and property damage with a minimum of Two Million Dollars ($2,000,000) per occurrence and Four Million Dollars ($4,000,000) in the aggregate, including products coverage. Any contractor of Licensee shall be required to carry the same insurance as Licensee. Licensee shall deliver to Licensor the certificate of insurance and all endorsement(s) evidencing the requirements set forth herein simultaneously with its execution of this Agreement. (a) All insurance and certificate(s) of insurance shall contain the following provisions: (i) Name Licensor, its officers, agents, representatives and employees, as additional insureds as to all applicable coverage with the exception of workers' compensation insurance. License Agreement Between Wylie and Tisco Paving Company Page 5 of 13 4595091 F22] 0411512025Item 1. (ii) Provide for at least thirty (30) days prior written notice to Licensor for any cancellation, non -renewal or material change of the insurance on the face of the certificate(s). (iii) Provide for a waiver of subrogation against Licensor for injuries, including death, property damage, or any other loss to the extent the same is covered by the proceeds of insurance. (iv) Include all endorsements applicable to each policy and be endorsed to cover Licensee's agreement to indemnify Licensor as set out in this Agreement. (v) Include the following provisions: (1) severability of interests; and (2) an act or omission of one of the insureds or additional insureds that would void or otherwise reducecoverageshall not reduce or void the coverage as to the other insureds. (b) All insurance companies providing the required insurance shall be authorized to transact business in Texas and rated at least "A" by AM Best or ether equivalent rating service. 7.1 INDEMNIFICATION. e 1 e OF e" ENTERING INTO; ! GRANTING LICENSEE THE RIGHTS AND PRIVILEGES CONTAINEDDOES HEREBY DEFEND,AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS LICENSOR 1 THE CITY OF TEXAS FROM 1 AGAINST ALL DAMAGES,(INCLUDINGO DAMAGES (INCLUDINGe OF ! DEMANDS,!' t COSTS,iREASONABLE e ! ! e" t •, i e THIS i OUT OF OR OCCUPANCY OF t PROPERTY e AND/OR THE NEGLIGENT. GROSSLY WTEV711111(l) ill %-LAIRIN IN e t t, TO APPLY TO, BUT NOT1 TO,. 1 ALL CLAIMS, WHETHER CIVIL OR CRIMINAL, BROUGHT AGAINST LICENSORe e• OR RELATEDAGENCY TO ANY PERSONPROVIDING tAGREEMENT THAT ARE BASED ON FEDERALANY e, LAW AND ANY AND ALL CLAIMS, DEMANDS, DAMAGES,e AND CAUSES OF e OF P AND NATURE, KNOWNAND UNKNOWN,OR CLAIMED TO EMPLOYEES OR 1 e, iA RESULT OF 1 F e OR EMPLOYEE EMPLOYMENTAND/OR e FROM eYMENT WITH THE LICENSEE, INCLUDING9 BUT NOT LIMITED e DISCRIMINATION 1 ON a e eFIT RELIGION9 COLOR,i ORIGIN9 AGE OR DISABILITY UNDERFEDERAL,OR LOCAL LAW, RULE OR REGULATION, ANY CLAIM FOR WRONGFULTERMINATION,e; OVERTIME PAY, EMPLOYEETO RELIEF UNDERWORKERS' COMPENSATION OR WOULD BE SUBJECT TO RELIEF UNDER ANY POLICYFOR e COMPENSATIONt OTHER CLAIM, WHETHER TORT,IN e OR OTHERWISE. License Agreement Behveen Wylie and Tiseo Paving Company Page 6 of 13 4595091 F23] 0411512025Item 1. DISCRETION,IN ITS SOLE e TO APPROVE OR SELECT DEFENSE COUNSEL TO BE r By LICENSEE IN FULFILLING ITS OBLIGATION r r TO DEFE ND AND INDEMNIFYr, By LICENSOR IN WRITING. LICENSOR RESERVES THE RIGHT TO PROVIDEPORTION OR OF ITS OWN DEFENSE; LICENSOR IS UNDEROBLIGATION DO so. ANY SUCH OBLIGATION BY LICENSOR IS NOTTO BE CONSTRUED AS A WAIVER OF LICENSEE's OBLIGATION TO DEFEND LICENSOR OR AS A WAIVER OF OBLIGATION rEMNIFY LICENSOR PURSUANT TO THIS AGREEMENT. LICENSEE SHALL LICENSOR-APPROVEDRETAIN r DAYS OF LICENSOR's WRITTEN NOTICE THAT LICENSOR IS INVOKING ITS RIGHT TO INDEMNIFICATION UNDER AGREEMENT. IF LICENSEE FAILS TO RETAIN DEFENSE COUNSELPERIOD, LICENSOR SHALL HAVE THE RIGHT TO RETAIN DEFENSE COUNSELON OWN BEHALF, AND LICENSEE SHALL BE LIABLE FOR ALL COSTSr By LICENSOR. THIS AglicLE 7 SHALL SURVIVE THE TERMINATION OF 8.1 Notices. Any notice provided or permitted to be given under this Agreement must be in writing and may be served by depositing the same in the United States Mail, addressed to the party to be notified, postage pre -paid and registered or certified with return receipt requested; by electronic mail, with documentation evidencing the addressee's receipt thereof, or by delivering the same in person to such party a via hand -delivery service, or to any courier service that provides a return receipt showing the date of actual delivery of the same to the addressee thereof., Notice given in accordance herewith shall be effective on receipt at the address of the addressee. For purposes of notification, the addresses of the parties shall be as follows: If to Licensor, addressed to it at: City of Wylie Attn: Jasen Haskins 300 Country Club Rd. Wylie, Texas 75098 Telephone: (972) 516-6324 Email: ja gn 11-Lask ns wyl � tex�s.�ov With a •.y tr Abernathy, Roeder, Boyd & Hullett, P.C. ryan D. Pittman McKinney, Texas 0!a Email: roittinanaabernatliv-1aw.com =Cicensee, aaaressea to it at- Tiseo Paving Company License Agreement Between Wylie and Tiseo Paving Company Page 7 of 13 4595091 F24] 1 0411512025 Item 1. Attn- Grant Brown, Vice President P.O. Box 270040 Dallas, Texas 75227 Telephone: (214) 263-5440 Emailk gbrownatiseopaving.com 9.1 1F . - . 2- Incornoralcd. The representations, covenants and recitations set forth in the foregoing recitals of this Agreement are true and correct and are hereby incorporated into the body of this Agreement and adopted as findings of Licensor and Licensee. 9.2 Relationship of Parties. The parties do not intend that this Agreement be construed as creating a principal and agent relationship, partnership, joint venture or any association between the parties, it being understood and agreed that none of the provisions contained herein or any acts of the parties in the performance of their respective obligations hereunder shall be deemed to create any relationship between the parties other than the relationship of licensor and licensee. It is understood and agreed that this Agreement does not appoint either party as an agent of the other for any purpose whatsoever. Neither party shall in any way assume any of the liability of the other for acts of the other or obligations of the other. 9.3 Licensee's Warranties/ReDresentations. All warranties, representations and covenants made by Licensee to Licensor in this Agreement or in any certificate or other instrument delivered by Licensee to Licensor under this Agreement shall be considered to have been relied upon by Licensor and will survive the termination of this Agreement, regardless of any investigation made by Licensor. No warranty, representation or guaranty, either express or implied, is made by Licensor for a continuous and adequate water supply or sewage outlets for the benefit of Licensee, and Licensor shall have no responsibility or liability for supplying water or sewage to the Licensed Property. 9.4 Entire Aereement. This Agreement contains the entire agreement of the Parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the Parties hereto. 9.5 Czgverninff Law: Venue. The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this Agreement, without regard to conflict of law principles. This Agreement is performable in Collin County, Texas, and the exclusive venue for any action arising out of this Agreement shall be a court of appropriate jurisdiction in Collin County, Texas. 9.6 Consideration. This Agreement is executed by the parties without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. 9.7 !C9uuter11a1:t . This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. An electronic mail signature will also be deemed to constitute an original if properly executed. License Agreement Between Wylie and Tisco Paving Company Page 8 of 13 4595091 F25] 1 0411512025 Item 1. 9.8 Authority to Execute. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the Effective Date (hereinafter defined) of this Agreement. 9.9 Sayings/Severability. In the event that a term, condition or provision of this Agreement is determined to be invalid, illegal, void, unenforceable or unlawful by a court of competent jurisdiction, then that term, condition or provision shall be deleted and the remainder of the Agreement shall remain in full force and effect as if such invalid, illegal, void, zl.� unenforceable or unlawful provision had never been contained in this Agreement. 9.10 Rei3resentations. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. 9.11 No Third Party Beneficiaries. Nothing in this Agreement shall be construed to create any right in any third party not a signatory to this Agreement, and the parties do not intend to create any third party beneficiaries by entering into this Agreement. 9.12 Assignment. This Agreement is not assignable by Licensee without the express written consent of Licensor. 9.13 Indemnification. The parties agree that the Indemnity provisions set forth in AnddLl herein are conspicuous, and the parties have read and understood the same. 9.14 Waiver; Waiver by either party of any breach of this Agreement, or the failure of either party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or waive such Parry's right thereafter to enforce and compel strict compliance. 9.15 Immuuif):., The parties acknowledge and agree that, in executing and performing this Agreement, Licensor has not waived, nor shall be deemed to have waived, any defense or immunity, including governmental, sovereign and official immunity, that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligations, express or implied, other than those set forth herein. 9.16 Reference to Licensee. When referring to "Licensee" herein, this Agreement shall refer to and be binding upon Licensee, and its officers, directors, partners, employees, representatives, contractors, subcontractors, agents, successors, assignees (as authorized herein), vendors, grantees, trustees, contractors, subcontractors, invitees, volunteers and/or another other third parties for whom such Licensee is legally responsible. License Agreement Between Wylie and Tiseo Paving Company Page 9 of 13 4595091 F26] 1 0411512025 Item 1. 9.17 Reference to Licensor. When referring to "Licensor" herein, this Agreement shall refer to and be binding upon Licensor, and its City Council Members, officers, agents, representatives, employees and/or any other third parties for whom Licensor is legally responsible. I 9.18 Non -Dedication. The parties hereby agree that this Agreement (i) is a revocable license that shall not be recorded by either party, (ii) does not convey any interest in the Property, and (iii) shall not be construed in any event as an casement. 9.19 Miscellaneous DraftinEr Provisions. This Agreement shall be deemed drafted equally by the parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against either party shall not apply. Headings in this Agreement are for the convenience of the Parties and are not intended to be used in construing this document. [Signature page follows.] License Agreement Between Wylie and Tisco Paving Company Page 10 of 13 4595091 F27] 1 0411512025 Item 1. IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective when all the parties have signed it. The date this Agreement is signed by the last party to sign it (as indicated by the date associated with that party's signature below) will be deemed the effective date of this Agreement ("Effective a 51). CITT OF WYLIE, a • municipality By: Brent Parker, City Manager Date: z Texas corporation By: Grant Brown, Vfc-e*-President Date: L4 BEFORE ME, the undersigned authority, on this day personally appeared Grant Brown, known to me to be one of the persons whose names are subscribed to the foregoing instrument; he acknowledged to me that he is the Vice President and duty authorized representative of Tiseo Paving Company, a Texas corporation, and that he executed said instrument for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER W HAND AND SEAL OF OFFICE this day of &—b 2024. t-ANIE TAYLOR NOTARY 7j Notary PAlic, State of Texis PUBM 'i ATE OF TEXAS MN- '-��OMM. EXP. 10/19= My Commission Expires: 0 Fie)" NOTARY 0 104964-4 C$01 P a. License Agreement Between Wylie and Tisco Paving Company Page 11 of 13 4595091 F28] 1 0411512025 Item 1. EXHIBIT A License Agreement Between Wylie and Tisco Paving Company Page 12 of 13 4595091 F29] 1 0411512025 Item 1. 1. Licensee agrees • possess and occupy the Licensed Property continuously throughout the term of the Agreement solely for the purpose of locating Project office trailers and associated parking, storage of heavy equipment including a fuel tank, storage and stockpiling • materials, and locating and operating a temporary concrete •. plant, all associated with the Project and pursuant to the terms • provisions • this Agreement, and • no • use • purpose. License Agreement Between Wylie and Tisco Paving Company Page 13 of 13 4595091 F30] a 0411512025Item 1. CERTIFICATE LIABILITY INSURANCE 10r30/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,: certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER VTC Insurance Group Troy Office 1175 W. Long Lake Ste. 200 Troy MI 48098-4960 INSURED Tiseo Paving Co. F.O. Box 270040 NAMEy Lisa Gladstone HONP o Ext : _ (248) 828-3377 FAXNo. 1248) e28-374 EMAIL lgladstone@vtcins.com ADDRESS.. 5W Ins 488 INSURERE:United S2ecialty Insurance Company 12537 Dallas TX 75227-0040 lNsuRERF: COVERAGES CERTIFICATE NIIMRFR-24-25 Master NO at+arhman Pr_X1Ictr1R! KIIlnAca1=o- THIS IS TO CERTIFY THAT THE POLICIES Of INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF JMM2LPQ=(MM1DDfYYYYI POLICY ERP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $ 1,000,000 MED EXP(Any one person) $ 10,000 CPP20796331301. 11/01/2024 11/01/2025 PERSONAL &.ADV.INJURY $ 1,000,000 GEN`LAGGREGATE LIMITAPPLIESPER: POLICY FIR E° GENERAL AGGREGATE $ 2,000,000 PRODUCTS 2,000,000 $ OTHER: AUTOMOBILE. LIABILITY Ee BINEDSINGLE LIMIT $ 1,000,000 X BODILY INJURY (Per person) $ B ANY AUTO AOWNED SCHEDULED AUTOS AUTOS CA20796321405 11/01/2024. 11/01/2025 BODILY INJURY Per accident. ( ) S NON -OWNED HIREDAUTOS X. AUTOS X PROPERTY DAMAGE Per accident S $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE S 1,000,000 AGGREGATE S 1,000,000 C EXCESS LIAR CLAIMS -MADE DED I I RETENTION S 5: CU20901921102 11/01/2024 11/01/2025 WORKERS COMPENSATION Y/.N X PEft 'ER STATUTE ER E.L. EACH ACCIDENT S. 1,000, 000 A ANY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER:EXCLUDED? F (Mandatory in NH) If yes, describe under NIA WC20796341401 11/01/2024 11/01/2025 E.L. DISEASE -EAEMPLOYEE $" 1,000,000 E.L. DISEASE -POLICY LIMIT 5 1 000,000 DESCRIPTION OF OPERATIONS below D Excess Over $1,000,.000.* bffaM4EUE101465 11/01/.2024 11/01/2025 Limit: $2,000,000 part. of$4000.000 $4,000,000 E Excess Over $1,000,000* BTH2412376 11/01/2024 11/01/2025 Limit:$2,000,000 part af$4,000,000 DESCRIPTION: OF:OPERATIONS aLOCATIONS "/ VEHICLES (ACORD 101,.Additional Remarks Schedule, may be attached if more space Is required) Additional Insured: City of Wylie ease evn�.�... uvrvv�e IaHIV4CLt,t1.1IVIV City of Wylie 949 Hensley Ln. Building 300 Wylie, TX 7509E SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE" THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVEREDIN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Chandler/LMG )0 4 O 1-988-2014 ACORD CORPORATION. All rights resep�-1 ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD 31 INS025 (201401)