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Resolution 97-11 CITY OF WYLIE, TEXAS RESOLUTION NO. ~1- /1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS APPROVING A SETTLEMENT AGREEMENT BETWEEN THE CITY OF PARKER, TEXAS AND THE CITY OF WYLIE, TEXAS PERTAINING TO PENDING LAWSUITS ENTITLED CITY OF PARKER, TEXAS V. CITY OF MURPHY, TEXAS, ET AL., CAUSE NO. 219-00405-96, AND THE STATE OF TEXAS ON THE RELATION OF THE CITY OF PARKER, TEXAS V. THE CITY OF WYLIE, TEXAS, CAUSE NO. 199-121-97; AUTHORIZING THE MAYOR OR HIS DESIGNEE TO EXECUTE THE SETTLEMENT AGREEMENT AND ANY AND ALL DOCUMENTS IN CONNECTION THEREWITH; AUTHORIZING THE CITY'S ATTORNEYS TO EXECUTE ANY AND ALL PLEADINGS NECESSARY TO EFFECTUATE THE SETTLEMENT; PROVIDING AN EFFECTIVE DATE. WHEREAS, there is pending in the 219th Judicial District Court of Collin County, Texas a lawsuit styled City of Parker, Texas v. City of Murphy, Texas, City of Wylie, Texas and City of Allen, Texas (the "Lawsuit"); and WHEREAS, there is pending in the 199th Judicial District Court of Collin County, Texas a Quo Warranto action styled The State of Texas on the Relation of the City of Parker, Texas v. The City of Wylie, Texas (the "Quo Warranto Action"); and WHEREAS, the City of Parker, Texas ("Parker") and the City of Wylie, Texas ("Wylie") desire to settle all disputes between them arising out of the Lawsuit and the Quo Warranto Action in accordance with the terms and conditions of the Compromise Settlement Agreement and Release of All Claims, a copy of which is attached hereto as Exhibit "A", which is made a part hereof by reference (the "Settlement Agreement"); and WHEREAS, upon full review and consideration of the Settlement Agreement, the City Council of Wylie hereby finds that it is in the public interest and the best interest of the citizens of Wylie to approve the Settlement Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: RESOLUTION APPROVING THE SETTLEMENT AGREEMENT BETWEEN PARKER AND WYLIE - Page 1 hjll:\mbox4\wy6e\parkerlsar.resl091197 Section 1: The recitations and findings contained hereinabove are substantive and are incorporated into the body of this Resolution as if fully set forth herein. Section 2: The City Council of Wylie hereby approves the Settlement Agreement. Section 3: The Mayor or his designee is hereby authorized to execute the Settlement Agreement and all other documents in connection therewith on behalf of Wylie. Wylie's attorneys in the Lawsuit and the Quo Warranto Action or their designees are hereby authorized to execute any and all pleadings or documents on behalf of Wylie necessary to effectuate the settlement contemplated by the Settlement Agreement. Section 4: This Resolution shall become effective immediately from and after its adoption. RESOLVED this II ~ day of September 1997. ATTEST: m ~ QR~ rAfltCv..aOe.e SUSAN SIRJLE~~ ~eer8t~' - RESOLUTION APPROVING THE SETTLEMENT AGREEMENT BETWEEN PARKER Al"lD WYLIE - Page 2 hjll:\mbox4\wy6e\parkerlsar.resl091197 j' (/ COMPROMISE SETrLEMENT AGREEMENT &--m R1i'.I,F..ASE OF ALL CLAIMS TIUS COMPROMISE SE'ITLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS (hereinafter referred to as the "Agreement") is by and between the CITY OF PARKER. TEXAS (hereinafter refened to as "Parkerl') and the CITY OF WYLIE, TEXAS (hereinafter refetted to as "Wylie"), all collectively refened to as the "Parties". RECITALS A. There is pending in the 219111 Judicial Court of Collin Coumy, Texas a lawsuit styled City of Parker, Tems v. City oflJurphy. Texas. City of Wylie. Tems and City of AlUm. Texas, under Cause No. 219-405-96 (called the "Lawsuit") wherein Parker, among other thin~ challenges the validity of Wylie Annexation Ordinance 96-16. B. There is also pending in the 199111 Judicial District Court of Collin County, Texas a lawsuit styled the State of Texas on the relation of the ell}! of Parker, Texas. Plaintiffv. the City a/Wylie, Texas, Defendant. under Cause No. 199-121-97 (called the "Quo Wmamo Action"), wherein the Plaintiff through a quo warranto action challenges the validity of Wylie Annexation Or<:HfmnL'.e5 96-15 and 96-16. C. Wylie Annexation Ordinance No. 96-16 pertainS to the annexation by Wylie of a tract of land consisting of approximately 195.6611 ac~ owned by William E. Campbell, Jr.- Wylie Ltd. Partnership, situated in the 1.M. Marshall Survey, Abstract No. 594. and the William Pa~n Survey, Abstract No. 716, in Collin County, Texas which is more fully described in COMPROMJS2 ftTTLEMENT AGREEMENT... AND R'ELEASE OF AI.L CLA 1MS Page 1 EXHIBIT "A" "..J=/ ...' ~, ..;..0--0 r:-",I::.. ~.. '._.- 1.-:-.1..;.;r-'1 '1 ' _" I ,;;..~~:....,;;..:....~ Wylie Annexation Ordinance No. 96-16 (called "Campbell Property rl). D. Wylie Annexation Ordinance No. 96-15 pertains to the annexation by Wylie ofa tract of land consisting of approximately 114.178 acres, owned by William E. Campbell, lr.- McCreary Rd. Ltd. Partnership, situated in the John W. Mitchell Survey, Abstract No. 589, in Collin County, Texas which is more fully described in Wylie Annexation Ordinance No. 96-15 (called "Campbell Property m. E. The parties understand and agree that the claims asserted by each against the other are in dispute and that they desire to settle such dispute by compromise 10 avoid the uncertainties, inconvenience and expense of further litigation and to buy peace. F. Subject to the terms and conditions contained herein, the parties have agreed and do agree to a full and final settlement and release of all claims which each may have against the other arising out of the Lawsuit and the Quo Wammto Action. NOW, THEREFORE, for and in consideration of the recitals set forth above and the covenants and undert1lkings hereinafter set forth, the Parties agree that the Lawsuit and Quo Warranto Action shall be settled and compromised upon the following teImS and conditions: 1. SimultaneOUS with the execution of this Agreement Wylie shall pass and adopt an ordinance disannexing a portion of Campbell Property I as more fully described in Exhibit II A " attached hereto and incorporated herein by reference (called "Disannexation Area"). Said ordinance shall also release to Parker all of Wylie's extraterritorial jurisdiction rights, title, interest and claims in and to a portion of Campbell Property I as more fully described in Exhibit "B" attached hereto and incorporated. herein by reference (c:a.l1ed "Parker's Area"). Wylie shall COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Page 1 retain all extra~toria1 jurisdiction rights, title, interest and claims in that portion of the Disannexation Area not included in Parker's.A.rea. 2. Simultaneous with the execution of this Agreement Parker shall pass and adopt an. ordinana:: releasing to Wylie all of Parker's rights, title, interest and claims in and to a portion of Campbell Property I as more fully described in Exhibit "C" attached heretO and incorporated herein by reference (called "Wylie's Area"). In said ordiDsnce Parker shall also consent to the reduction of its extraterritorial jurisdiction in and to, and the mmexation by Wylie of: Wylie's Area, whether past, present or future. 3. Parker's Area and Wylie's Atea are depicted on Exhibit liD" attached hereto and incorporate herem by reference. 4. Within 7 days after the execution of this Agreement the parties shall enter into an Agreed Judgment in the Lawsuit wherein Wylie's Atea will be held to be within the corporate limits of Wylie, Parker's Area will be held to be outside the corporate limits of Wylie and within the extraterritorial jurisdiction ofParkcr, and that portion of the Disannexation Area not included in Parker's Area is within the extraterritorial jurisdiction of Wylie. The Agreed Judgment will hold that Campbell Property II is within the coq>orate limits of Wylie and Wylie Ordinance No. 96-1 S is valid. The Agreed Judgment will dismiss with prejudice all other claims and causes of action in the Lawsuit the Parties have against each otbe and will. provide that each party will be responsible for their own c0st3 and attorney fees. The Agreed Judgment will not affect Parker' g claims against the ather defendants in the Lawsuit. 5. The entry of the Agreed Judgment is conditioned on the dismissal with prejudice of COMPROMISE SE1'TLEMENr AGREEMENT AND RELEASE OF ALL CLAIMS Page 3 ~:;/ .;...../ ..) I _0--0 '...............-. . --,'._~" the Quo Warranto Action. The Parties shall immediately request that the Sta:te dismiss with prejudice the Quo Warranto Action. 6. Upon the entry of the Agreed Judgment, the Parties shall file a joint motion to sever or deconsolidate all claims between the Parties from the Lawsuit. 7. Wylie releases and waives any and all claims, rights, and interests it may have now or in the future in and to Parker's Area. Parker releases and waives any and all claims, rights and interests it may have now or in the future in and to Wylie's Area snd in that portion of the DisaDnexation Area not included in Parker's Area. Wylie agrees that it will never annex all or part of Parker' s Area or exercise any extraterritorial jurisdiction rights or powers there~ without first obmining Parker's express consent by ordinance or resolution, notwitllshlnn1ng any statutory or other legal authority to the contraly. Parker agrees that it will never annex all or part of Wylie's Area or exercise any extraterritorial jurisdiction rights or powers therein, without first obtaining Wylie's express consent by ordinance or resolutioll; notwithstanding any statutory or other legal authority to the contrary. . 8. The parties reaffirm and agree that all property located east of the most easterly line of Parker's Area (said most easterly line having a bearing oiS ooa J 37', 37" E) and west of Muddy Creek (said Muddy Creek being the line established in the Contract between Parker and Wylie dated August 6, 1974, and recorded in Volume 1610, Page 341 ofthc Collin County Land Records [called the "ContraCt"] ) rem~in!1 in Parker's eXtraterritorial jurisdiction (called "Parker Creek Bend Area"). Parlcer agrees that within 30 days after the execution of this Agreement it shall by ordinance or resolution. release and waive to Wylie any and all of Parker's extraterritorial COMPROMISE srM"LRMllNT AG'R'RV.~NT AND R~L~E OF ALL CLAIMS hge 4 jurisdiction claims, rights and interests in and to all the property located east of the east line of Wylie's Area and west of Muddy Creek (said Muddy Creek being the line established in the Contract) (called "Wylie Creek Bend Area"). Parker Creek Bend Area and Wylie Creek Bend Area are depicted an Exhibit "D". 9. The Parties release any and all claims and causes of action each may have against the other arising out of the Lawsuit and/or the Quo Wamnto Action, except for an action to enforce this Agreement or the Agreed Judgment. Each party is responsible for their own. costs and attorney fees. 10. Iftbis Agreement or the Agreed Judgment should be held invalid or unenforceable in whole or in part. the Parties agree to employ every legal method, means or procedure available in order to effectuate the underlying purpose of Agreement. that Wylie's Area will remain within the corporate limit3 of Wylie, that portion of the Disannexation Area not included in Parker's Area will remain within the extratenitorialjurisdiction and/or corporate limits of Wylie and Parker's Area will remain within the cxtraterritorialjurisdiction and/or corporate limits of Parker. Further, the parties agree that the ContraCt is hereby superceded and dissolved by this Agreement. 11. This Agreement completely and forever compromises and settles all matters in dispute betWeen the Parties which have becnt arc, or could have been alleged in this and all other causes, described herein, both known and unknown, including, but not limited to, all matterS in any way related to the La'WSUit and Quo Warranto Action. 12. Each party to this agreement represent3 that it is acting on its own free will and COMPROMlg ~MENT AGREEMENT AND REUtASE 0' ALL CLAIMS Pap 5 voluntarily; and that it is in no way :relying upon any promise, warranty, representation or agreement of any kind whatsoever, made directly or indirectly, by any agent, employee, or attorney of the parties being released or any person or firm in privity with the Parties being released; and each party understands that this is a full, final and complete settlement of aU claims of any kind or character whatsoever, both known or unknown, arising out of those matters described herein. 13. This Agreement is made solely for the purpose of avoiding further litigation and making peace between the Parties, and that in entering into this Agreement, the Parties are not admitting liability, but are expressly denying liability. 14. It is the express intent of the Parties to this Agreement that each of the Parties shall not be exposed to any further liabilities, including claims and suits for damages, relating to any matter presented by any Party in the Lawsuit. 15. The Parties warrant that no claims, demands, damage~ actions, causes of action or suits in equity hereby released have been assigned to any third-party and that this Agreement is executed without reliance on any statement or representation made by any third-party which is not contained herein. 16. The undersigned each wammt that no inducements have been made to any of them on behalf of the Parties released hereby, aDd that in deciding to release their claims and to execute this Agreement, cac:h has relied solely and only upon their own judgment and the advice given to them by their attorney, whom they have selected. 17. This Agreement shall be deemed to have been jointly prepared by all Parties COMPROMISE SE'lTLEMENT AGRED{lN~ AND RELEASE OF ALL CLAIMS Paee Ii hereto, and no ambiguity of this Agreement shall be construed against any party based upon the identity of the author of this Agreement or any portion thereof. 18. This Agreement shall be governed by, constrUed and interpreted. and the rights of the Parties detem1ined in accordance with the laws of the State of Texas. and venue of any dispute concerning this Agreement shall be tried in a court of competent jurisdiction sitting in Collin Countys Texas. 19. Statements and representations contained herein ate to be considered contractual in nature and not merely recitations of fact. 21. In the event anyone or more of the provisions of this Agreement shall. for any reason. be held invalid, illegal or unenforceable in any respect, such invalidity shall DOt affect any other provision herein. 22. All references herein in the singular shall be construed to include the plural where applicable, the masculine to include the feminine and neuter genders and all covenants, agreements and obligations herein asswned by the Parties shall be deemed to be joint and several covenants, agreements and obligations of the several persons named herein. 23. This Agreement shall be binding on and inure to the benefit of each and every party to this Agreement, and their 3UCee5sorss officers. employees, assi~ agents, and legal representatives with respect to any and all of the claims brought against any and all Parties herein released. 24. Each of the sigoatories signing this Agreement represents and warrants that he is authorized to execute this Agreement and bind their principals to the terms and provisions COMPRPMlSE SETI1..Jr.MR..Vf AGlUE1\RNT ~ BY 1l'.4SE 01/' ALL CLJ.TMS p.ge 7 hereof. Each party warrants thaI any action required to be taken in order for this Agreement to be binding on it has been duly and properly taken prior to the execution of this Agreement Specifically Parker represents and warrants that this Agreement was duly approved by resolution of the City Council of the City of Parker, Texas adopted at an open meeting of the City Council of Parker in accordance with the Texas Open Meetings Act, being Chapter 551 of the Local Government Code. Likewise, Wylie represents and warrants that this Agreement was duly approved by resolution oftb.e City Council of1he City of Wylie, Texas adopted at an open meeting of the City Council of Wylie in accordance with the T eX8S Open Meetings Act, being Chapter 551 of the Local Govennnent Code. 25. The repr=scntations, warranties, covenants, and agyeements set forth herein shall survive the execution hereof. 26. This Agreement and the representations, warranties, and agreement set forth herein shall survive the discovery of different facts and shall continue in full force and affect and be unaffected by the discovery of different or additional facts. 27. This Agreement may be executed in multiple counterparts, each which taken together shall constitute one and the same insU\uI1eIlt. 28. The Parties hereto mutually and simultaneously by these presents authorize and direct their respective attorneys to execute and deliver for entry such instruments as may be necessary to obtain the results contemphrted by this Agreement including the entry of the Agreed Judgment and the dismissal with prejudice of the Quo Warramo Action, each party bearing i1s own anomey's fees and costs. COMPROMISE SltTl'LKMENT AGRE~MENT AND llELEASE OF' ALL CLAIMS Pale 8 29. Each Party to this Agreement warrants and represents that it has read the above and foregoing Agreement, ar.d e:very word of it, and each party to this Agreement understands that it is a full, final and complete settlement and release of all claims, hel~ owned or possessed in any capacity whatsoever by each releasing party as against each released party. IN WITNESS WHEREOF, the Parties have executed this Agreement effective ~s the _ day of September, 1997. CITY OF PARKER. TEXAS By: Bill Wade, Mayor Pro Tern ATrEST: Betty McMenamy City Secretary CITY OF WYLIE, TEXAS By: lim Swartz, Mayor ArrEST: APPROVAL BY COUNSEL: COMPROMISE SETl'LBMENT AGREDmNT AND RELEASE OF ALL CLAIMS Pap 9 APPROVAL BY COUNSEL: Terry D. Morgan State Bar No. 14454075 Freilich. Morgan. Leitner & Carlisle Attorneys for the City of Parker Richard M. Abernathy State Bar No. 00809500 Abernathy, Roeder, Robertson, Boyd &: Joplin, p.e. Attorneys for the City of Wylie ACKNOWLEDGMJ'.~ SWORN AND SUBSCRIBED TO BEFORE ME, by said Bill Wade, Mayor Pro Tem of the City of Parker, Texas this _ day of September, 1997, to certify witness my hand and seal of office. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS SWORN AND SUBSCRIBED TO BEFORE ME, by said Jim Swartz . the of the City of Wylie, Texas this _ day of September, 1997 t to certify witness my band and seal of office. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS COMPROMISE SETrLEMENT AGREEMENT AND RELEASE 9P.' ALL CLAIMS Page 10 EXHIBIT" A It DISANNEXATION AREA Being a 97.8314 acre tract ofland out of 4 195.6617 acre tract uf land situated in Collin County. Texas. out oime L.M. MarmaU Survey Abstract No.S94 and the William Patterson Survey, Abstract No.116. said 19S.6617 acre tract being the same tract ofland described in City of Wylie Ordinance No.96-16, and being a ~urvey of a called [53'.88 acre tract as conveyed to Joan Brodhead from BanJcet'S Life Company by Warranty Deed n:corded in Volume 329. Page .390, on AprilS, 1941. in the Deed Rca:Jnis. Collin County, Texas, and also a caJ1ed41.0 acre tract conveyed to lohn Brodhead from Myrtle Stinson Phillips, a feme sole by WarT3rtty Deed recorded in Volume 390. Page tOO, on April 26. 1948. Deed Records, Collin County, Texas. and being mote particularly described as follows: BegiullUag at the Southea9t comer of M(JSS R.idp Eswes. an Addiuon to the City ofPa.r1cer, Theaee North () 1 dearees 49 minutes 34 seconds West along the .East line of said Moss Ridge Estates. beins the Wr3t. line of the aforettlCDtioaed 195.6617 acre tract, I distance of I90S.0S reet, co the Nonhwest comer or said 195.6617 acre tract; Thetlce North 89 degrees 09 minutes 10 seconds East along the North line of said 19S.6617 acre lrKt 4 diSWlQe of2306.0 I feet. to a point Oft the west bank of Muddy Creek; nenee Nonb 88 degn:es 11 minutes 54 seconds East a distance of324.00 feet, to the Northeast comer of said 195.6617 acre tnlct; Thence South 00 degrees 37 minutes 37 $eCOO.ds East along (be East line of said 195.6611 acre tract, a distance of 1561.03 fed; Thence South 88 degrees 10 minutes 26 seconds Wess a distance of2147.00 feet; Thence SOUth 01 degrees 49 minutes 34 ~ East a distaftce of 304. 83 feet; Thence South 88 ~ 10 mimJces 26 seconds West 450.00 feet. to the Point ofBeginniag. being the Southeast comer of Moss Ridge p.~tcs; ContaiDiag 4.261~37.13 Square feet or 97.8314 acres of land. more or less; Basis of Bearing and Dimensional Control for fhi! description. taken from description of the 195.6617 acre tract. as attached to Ciry of Wylie Annexation Ordinance No.~16. " .... EXHIBIT "B" p~ RICER'S ARF.A BeiDg an approximate 97.8314 acre tract oflaod outara 195.6617 acre tract ofland situated in CoUin County, Texas, out oftbc LM. Marshall Survey Absttact No.594 and the William Patterson Survey, Abstract 1'10.716, said J95.6617 acre tract beiog lhe same (fact oflaod described in City ofWyJie Ordinance No.96-16. and being a survey of a caned lS3.88.acre tract as conveyed to Joan Brodhead from Bankers Life Company by Wamuny Deed ~rded in VoJume 329. Page 3907 on AprilS, J941, in the Deed Rcconis7 Co.l1in~. Texas. and also a. called 41.0 acre tract conveyed to John Brodbead from Myrtle SunsonPhiJJips. a feme sole by W8l1"3l1ty Deed recorded in Volume 390. Page 100, QJJ April 26, 1948, Deed.Records. Collin County. Texas. aDd being mOte particularly described as follows; &ai_i.. at the SoudJcast comer of Moss Ridge Estates. an Addition to the City ofParker'; ThellCe NorCb 01 dcgnMss 49 miDuta 34 seconds We&( aloug tbe East line of said .Moss Ridge EmIes, being t!= West line of the af\.ll~oaed 19',66 17 acre tr.act. a distaDec of'1905.05 feet. rothc Northwcstcamerafsaid 19S.6617acre1nlCti TbeDrJ! North 89 degreC:s 09 minutes 10 secmds East aloag the North line of said 195.6617 ~ tract a discaDcc of2306.01 feet, to a poiut 011 the west bank of Muddy ~ Den<< North Sa degrees 1. t millurcs S4 seconds East a diSCInQ: 01324.00 feet. to the Northeast comer of said 195.6617 a~ tract; Thence South 00 degrees 37 minutes 31 secomieJ East aJongthe East line of said 195.6611 acre tract, a distance of 1561.03 feet; Thence South 88 degrees ]0 minutes 26 sccood.s West a diswJcc of2147.00 feet; Theace South 01 degrees 49 minutes 34 scconcb East a d~ of 304. 83 feet; Thmce South 88 degR:es 10 miDUtes 26 seconds West 4S0.oo f~ to the Point ofBeginaing. being the Southeast (lOI'JIer of Moss Ridge Emtes; COIlUiniu: 4~61~37.13 ~ feet or 97.8314 acres oftaud, more or Jess; Save aad EKc.ept two (2) areas of Iaad located &st of1be bouadary line described iD a contract between the City ofWyUc amd City of Parker dated 8+74.. as ~ in Volume 1610, Page 34 I Collin County {.aM Reaxds. calliag ~be mcancfea of the centerline of Muddy (,~ as the boundaty line. Area Cae (I) being apprmimatdy 0.83 acres located at the Northeast comer of the above described 97.8314 ~ CJact. and Area Two (2) bciug approximately 3.07 acres . located at the Southeast comer oftbc above described 97.8314 ~ U3cl Leavins an approxin1a~ net acreage of93.8814 aCll:S oflaDd. mpre or less, as PaIter's Area.. Basis of SarinS and Oimcnsioaal Coatrol for thes description, taken fiom description 'of the 195.6617 acre tract,. as aUachcd to City of Wylie Annexaticm 0rdiJwtee No. 96-16.. EXHIBIT "e" WVLWSARRA Being a 97.83 J3 4cre tract ot'land 01K ofa 195.6617 acre UZICI of land situated in Coffin C4unty. Teas, out o(tbe L.M. Marshall Survey ~ No.594 and the WilJiam Pauetson Sunrey. AbstnlCt No.7 J 6. said 195.6611 area trao( being the ~ ttact ofJand described in City of Wylie Ordinance No. 96- T 6 ad being a survey of a <::aIled 153:8& acre traa as conveyed to Joan Brodhead from Bankcas Life Company by Wannty Deed =<<ded in VOlUMe 329. p. 390, on April 5. 194 19 in the Deed Reconfs" Collin County. Texas, and also a called 4 to acre 1nIc:t conveyed t9 John Brodhead fmm MyrtJc S&iason Phillips. . fc:mc sole by ~anaaty Deed JeCCRded in Volume 390. Page 100.011 April 26, 1943. Deed Records. Collin Q)uaty. Texas. and being more particularly described II follows: Begiaaiag at 11M Soudast comer oeMoss Rfdp Estat~ an Addition 10 the City ot1'arfcer; Tlaeaee Nct1h 18 dcgreos 10 mimIfI:s 26 ~ Bast, . distance of ..,0.00 feet . T1race North 01 ~~ 49'mluutcs 34 seeoads W.. d~ ~f304~~ feel; TlleueeNonh 88 degtccs 10 ~ 26 ~ East. a~ 0(2147.00 feet. fo a point fa Ole East fiae oCtile aC44cwe>tUioucd 195.6617 acre tnIcr; TlleIIee South 00 degrees 37 minu1es 37 !eCOI1ds East, aIoag the East line of said 195.6617 am tract~ distance of 1751.30 feet, to the SouUleast comer of said tr.act: 'Ilaeftee South 89 degrees 49 minutes 24 ste:oDds West along the: South line of said 195.66! 7 acre tract a distaDce of 1500.23 feet. w a 12" Elm tree marlccd ~; TlIence comimDng Narth 87 degr=r 56 mimJres 4$ ~ W= aloag tbc Soath line oCSBid 195.6617 acre cract. a ~ or 1063.13 feet ~ tbc Southwesc comer ofsid Crad; , Tlleuce Notth 01 ~ 49 mi=tcs 34 zcacds West aJqdJc Wes! line of said 195.66]7 acr~ tract a disfanee of 1330.96 feet to tho Point Qf~ beiDa the ~ comet olMoss ~ F.sfates; COllu&lJae 4.261.s37. 12 Sqar~ feet or 97.8313 3Qa ot'1ancl, more or less: Basis otBearing and Di~ C4nUoI (<<this description. taba {R)Ift description oldlc 195.66 11 acn:: tract. as aaachcd to City of Wylie ~tiOll ~ No.96-16. EXHInIT "J)" - % ..J ~ \' I () I V"l " . 1-' - - .- ....., f -.. ..... ....... I ---\-'c,1l ,~, "\ 1) '\ '\ <9-9 ...... -... -... -. o en I I I I J I I r I NBg.09' lO"E 50~ ~~\~~g \. to. .'.,) 5- ,. - -~- f I I I I I I I I I ( I f I I I I I PARKER'S AREA 97.8314 ACRES -a.SS.ACRES -3.07' ACRES 93.8814 ACRES ... ~ {IS 0 . U1 It) .< 0 <n .... ..- IlIJ W ~ C lI: CI ..,. a: ,.., 588-10126.W 450.00' . 501.49134"E 304.83' SSS.1 oj 26.W NSS.10'264tE OINT OF a~G N01.~9/34"W 30.4.83' N8S. 10' 26"E 4SC.OO' WYLIE'S AREA 97.8313 ACRES ~'" I;; \ I~ ~ I ~ --- I --_---:...-----=--- --=-~_--:... \. \ , I J ( ~</.. 7\;5 ~y ~t.1-s:~i~1c ~. ~. " " Parba' Ci-cek , Baia A.fta . I ....~---~ SAVE AND ' EXCEPT AREA.#2 : , 3. 07~ ACRES; 2147.001 2147.00' I I 1 ~.- . .,,-. .... WtDc c=t BCcd Area' UI ~ .....0 ~~ ... to- . n In. · I"- 0_ o ~ / -.-.-'--- I I I I I U"'~. !o. .1'" .