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Ordinance 2026-46ORDINANCE NO.2026-46 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, RELEASING A PORTION OF THE CITY OF WYLIE'S EXTRATERRITORIAL JURISDICTION, CONSISTING OF ONE TRACT OF LAND TOTALING 4.95 ACRES, LOCATED AT 1945 EAST FARM TO MARKET ROAD 544, LOT 1, BLOCK A OF THE RT ADDITION, COLLIN COUNTY, TEXAS, AND CONTRACTING THE BOUNDARY LIMITS OF THE CITY OF WYLIE'S EXTRATERRITORIAL JURISDICTION ACCORDINGLY; PROVIDING A SAVINGS/ REPEALING CLAUSE, SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. WHEREAS, Todd Wilson ("Landowner") is the sole owner of real property within that certain area of land consisting of one tract of land of 4.95t acres, being described in Exhibit "A" located in Collin County, Texas; and WHEREAS, the Landowner submitted a Petition to the City of Wylie, Texas ("Wylie"), requesting a release of the Property from Wylie's extraterritorial jurisdiction, a copy of which is attached hereto as Exhibit A; and WHEREAS, the Landowner's Petition satisfies the requirements set forth in Texas Local Government Code Section 42.103; and WHEREAS, the City Council has investigated and determined that it would be advantageous and beneficial to Wylie and its citizens and the Landowner to release the Property from Wylie's extraterritorial jurisdiction under the authority of Chapter 42 of the Texas Local Government Code, including Section 42.023 and Section 42.103 of the Texas Local Government Code, and the Wylie City Charter; and WHEREAS, the City Council finds that Wylie has complied with all requirements for the consideration and adoption of this Ordinance pursuant to Chapter 42 of the Texas Local Government Code and the Wylie City Charter; and WHEREAS, the City Council finds that all legal notices, hearings, procedures and other requirements for releasing the Property from Wylie's extraterritorial jurisdiction have been performed and completed in the manner and form required by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Property Released from Extraterritorial Jurisdiction. The Property is hereby released from Wylie's extraterritorial jurisdiction, and the boundary limits of Wylie's extraterritorial jurisdiction are contracted accordingly. The City Manager and/or his designee shall take all necessary steps to amend the official map of Wylie to show that the Property is released and removed from Wylie's extraterritorial jurisdiction. No other release of or reduction in Wylie's extraterritorial jurisdiction is intended except as expressly set forth in this Ordinance. A certified copy of this Ordinance shall be filed in the County Clerk's Office of Collin County, Texas. i Ordinance No. 2026-46 — ETJ Release for 1945 E. FM 544 Page 1 of 2 SECTION 3: Savings/Repealing. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict, but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 4: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional and/or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. The City Council hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause and phrase thereof regardless of the fact that any one or more sections, subsections, sentences, clauses or phrases is declared unconstitutional and/or invalid. SECTION 5: Effective Date. This Ordinance shall become effective from and after its adoption. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 27th day of October, 2026. Matfhew Porter, Mayor ATTESTED TO ANDyi r CORRECTLY RECORDED BY:q c.� Rm� Stephanie Storm, City Secretary El Ordinance No. 2026-46 — ETJ Release for 1945 E. FM 544 Page 2 of 2 0 ik 13341 West US-290, Building 2 Austin, Texas 78737 512-399-3150 October 6, 2026 Richard M. Abernathy City of Wylie, City Attorney 300 Country Club Road, Building 100 Wylie, Texas 75098 Re: Petition for Release from the Extraterritorial Jurisdiction of the City of Wylie Dear Mr. Abernathy, 1. Todd Wilson ("Owner") files this Petition pursuant to TEx. Loc. Gov'T CODE § 42.102. 2. Todd Wilson owns property within the extraterritorial jurisdiction of the City of Wylie (the "City") located at 1945 East FM 544, Wylie, Texas 75098, PiD 2824153 (the "Property"). See Exhibit A (Deed and Property Map). 3. Owner hereby petitions the City of Wylie to release the Property from the City's extraterritorial jurisdiction. 4. Pursuant to TEx. Loc. GoV'T CODE § 42.102, an owner or owners of majority in value of an area in a municipality's extraterritorial jurisdiction may file a petition with the municipality to be released from its extraterritorial jurisdiction if the owner's property in question meets the applicability requirements of TEx. Loc. GOV'T CODE § 42.101 and the petition requirements of TEx. Loc. GOV'T CODE § 42.104. 5. The Property meets the requirements of TEx. Loc. Gov' T CODE § 42.101. As set forth in Exhibit B, Affidavit of Owner, and as set forth in TEx. Loc. GOV'T CODE § 42.101, the undersigned swears that the Property is not: (1) in an area that was voluntarily annexed into the extraterritorial jurisdiction that is located in a county: (A) in which the population grew by more than 50 percent from the previous federal decennial census in the federal decennial census conducted in 2020, and (B) that has a population greater than 240,000; October 6, 2026 O Johns & Counsel PLLC Page 1 (2) within five miles of the boundary of a military base, as defined by TEx. Loc. GOV'T CODE § 43.0117, with "military installation" understood to have the same meaning as the term is defined by 10 U.S.0 § 2687(g)(1), at which an active training program is conducted; (3) within the portion of the extraterritorial jurisdiction of a municipality with a population of more than 1.4 million that is: (A) within 15 miles of the boundary of a military base, as defined by TEx. LOC. GOV'T CODE § 43.0117, with "military installation" understood to have the same meaning as the term is defined by 10 U.S.0 § 2687(g)(1), at which an active training program is conducted, and (B) in a county with a population of more than 2 million; (4) in an area designated as an industrial district under TEx. Loc. GOV'T CODE § 42.044; or (5) in an area subject to a strategic partnership agreement entered into under TEx. LOC. GOV'T CODE § 43.0751. 6. This Petition meets the requirements of TEx. Loc. GoV'T CODE § 42.104. 7. As required by TEx. Loc. GOV'T CODE § 42.104(a)(2), Owner's value in the Property constitutes more than 50% of the value of the Property, as indicated by the tax rolls of the Collin Central Appraisal District. 8. As required by TEx. Loc. Gov'T CODE § 42.104(a)(2), the signature page accompanying this Petition includes the signatures of 100% of the Property's owners in value, which is more than 50%. 9. As required by TEx. Loc. Gov'T CODE § 42.103, the signature is valid pursuant to TEX. ELEC. CODE § 277.002. 10. This Petition contains, in addition to the signature: (A) the signer's printed name; (B) the signer's: (i) date of birth; or (ii) voter registration number and (iii) county of registration; October 6, 2026 @ Johns & Counsel PLLC Page 2 (C) the signer's residence address; and (D) the date of signing. 11. In compliance with TEx. Loc. GoV'T CODE § 42.104(b), Owner filing this Petition satisfied the signature requirement within 180 days after the date the first signature for the Petition was obtained. 12. In compliance with TEx. Loc. Gov'T CODE § 42.104(c), the signature collected under this section is in writing. 13. In compliance with TEX. Loc. GOV'T CODE § 42.104(d), this Petition includes the deed for the land to be released in Exhibit A, which describes the boundaries of the land to be released by: (1) metes and bounds; or (2) lot and block number, if there is a recorded map or plat. Exhibit A also includes a map of the land to be released. 14. As required by TEx. Loc. Gov'T CODE § 42.105(a)-(b), the City must verify this Petition upon receipt, shall notify the residents and landowners of the area described by the petition of the results of the petition, or shall notify Owner, who filed this Petition under Section 42.102. 15. Pursuant to TEx. Loc. Gov'T CODE § 42.105(c), because Owner has obtained the number of signatures on the Petition required under Section 42.104 to release the area from the extraterritorial jurisdiction of the City of Wylie, the City must immediately release the area —the Property —from the City's extraterritorial jurisdiction. 16. Pursuant to INX. LOC. GOV'T CODE § 42.105(d), if the City fails to take action to release Owner's Property from the City's ETJ by the later of the 45th day after the date the municipality receives the petition or the next meeting of the City's governing body that occurs after the 30th day after the date the City receives this petition, the wrea— the Property —is released by operation of law. October 6, 2026 @ Johns & Counsel PLLC Page 3 OwNER NAtE: ToDD WII.soN Signature Date of birth IMMMMIK- Voter registration number Voter county of registration f Residence address (0/D-I / 0R,Cp Date of signing October 2, 2026 ©Johns & counsel PIJ C Page 4 j. PHASE V I I !1 I 01) 0 NEW 1311 1 2 3 4 Pamebc 2824153 MEE KS I DE SOUTH ESTATIES lk v4w V,-'- F.9 6 Click Hereto Downfoad Plat It to 9 7 Property Information Property ID.-2824153 Legal Acreage: R.T. ADDITION E i%wii'v CROSSROADS WYLIE RV ADDITION ka—uter Ln Pleetwood Cir LOT I BLOCK A PRICE ADDITION GEO 1D.- t Legal Description: i Thaa or Lot Abstract Subdivision Code: Block: ----7 Neighborhood Code: I ! School District a Johns & Counsel PLLC Prop" Location tivr i. 2703 2707 1501 f L71C N1901351900695 20200107000023240 01/07/2020 08:58:11 AM Di 1/4 WARRANTY DEED WITH VENDOR'S LIEN NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF TEE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERPTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS- YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER DaW. January (, 2020 Grantor. Delbert F. BeWey and wife, Ruby D. Beezicy Grantor's Mailing Address: 1945 E FM 544 Wylie, TX 75098 Grantee: Todd Wilson Grantee's Mailing Address: 4061 Troy Rd Wylie, TX 75099 Consideration: For and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration paid by Grantee, the receipt of which is hereby acknowledged and confessed, and the further consideration the execution and delivery by Grantee of Grantee's one certain promissory note (herein called the "Note") of even date in the principal sum of $316,000.00 payable to Guaranty Federal Mortgage, LLC being due and payable as therein provided, the note being secured by a Vendor's Lien retained in this Deed and being further secured by a Deed of Thm from Grantee to Chris A. Peirson, Trustee. Property (including any improvements): BEING a tract of land situated in the J.D. Shelby survey, Abstract No. 819, in Collin County, Texas, being a tract of land described in deed to Delbert Beesley and Ruby Bec dey, as recorded in Volume 1228, Page 527, of the Deed Records of Collin County, Texas, as shown on survey and being more particularly described by metes and bounds as follows: BEGINNING at a found 1/2 inch ion rod for corner on the East right of way line of E. F.M. 544, being the Northwest corner of a tract of land described in deed to Wylie South 544, LLC, as recorded in Instrument File No. 20160608000716460, of the Official Public Records of Collin County, Texas, being the Southwest corner of said Beezley tract; THENCE North 00 degrees 19 minutes 13 seconds East, along said E. F.M. 544, a distance of 182,50 feet to a set 112 inch yellow -capped ion rod for corner, being the LTIC #1901351900695 Southwest comer of Creekside South Estates, an Addition in the City of Wylie, Collin County, Texas, according to the map thereof recorded in Cabinet E, Slide 174, of the Map Records of Collin County, Texas; THENCE South 89 degrees 01 minutes 25 seconds East, along the South line of said Addition, a distance of 1157.06 feet to a found railroad cross tie for corner near the centerline of a creek; THENCE South.54 degrees 21 minutes 38 seconds East, a distance of 77.47 feet to a point for corner; THENCE South 00 degrees 57 minutes 02 seconds West, a distance of 129.O0 feet to a point for corner, being the Northeast corner of said Wylie South 544, LLC tract, THENCE North 89 degrees 28 minutes 00 seconds West, along said Wylie South 544, LLC tract, passing a set 112 inch yellow -capped iron rod for reference at a distance of 80.00 feet, continuing a total distance of 1218.78 feet to the PLACE OF BEGINNING and containing 4.95 acres of land. Reservations from and Exceptions to Conveyance and Warranty: See Attached Exhibit "A" Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty and subject to the restrictive covenants, grams, sells, and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantees heirs, executors, administrators, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and wartuty. Guaranty Federal Mortgage, LLC at Grantee's request., has paid in cash to Grantor that portion of the purchase price of the property that is evidenced by the note described. The vendor's lien and superior title to the property are retained for Guaranty Federal Mortgage, LLC transferred to that party without recourse on Grantor. When the context requires, singular nouns and pronouns include the plural. ID Delbert F. Beezley Ruby D. ey LT9C #19013S1900695 STATE OF TEXAS COUNTY OF .CaWn The foregoing instr> mnent was acknowledged before me on this g, day of January, 2020 by Delbert F. Beezley and Ruby D. Beezley: SrTHE"' NE GOOK GNNNOTP{JBi iCSTATEF TEXAS ID o12a3t3s3�Mycount,- oe a,-2021 Notary Public, State of Texas LM #1901351900695 Exhibit "A" Exceptions to Warranty of Title L. All restrictive covenants appearing of record. 2. Visible and apparent easements on or across the property. 3. All easements appearing of record. 4. Any rigb% interests, or claims which may exist or arise by reason of the following matters disclosed by survey, Job No.: 97766 Dated: - April 18, 2017 Prepared by: Rhodes Surveying, Briars S. Rhodes, Registered Professional Land Surveyor No. 5962 Matters shown: Encroachments and/or protrusions of a steel pipe fence along the west lot line, steel pipe fences over and along the north lot line, wire fences along the north lot line, a wire fence along the south lot line, and a steel pipe fence along the south lot line; protrusion of a gravel drive over the west lot line; encroachment of overhead power lines over and across subject property; encroachment of a creek running over and across subject property 5. Any adverse claim based upon the assertion that: a) Said Land or any part thereof is now or at any time has been below the highest of the high watermarks of a pond and a creek, in the event the boundary of said pond and creek has been artificially raised or is now or at any time has been below the high watermark, if said pond and creek is in its natural state. b) Some portion of said Land has been created by artificial means or has accreted to such portion so created. c) Some portion of said Land has been brought within the boundaries thereof by an avulsive movement of a pond and a creek, or has been formed by accretion to any such portion AFTER RECORDING RETURN TO: Todd Wilson 4061 Troy Rd Wylie, TX 75098 Flied and Recorded Mein; PrbUc Records Stacey Kemp, County Clerk Collin County, TEXAS 01/07/2020 09:58:11 AM S38.00 MaTZMILLER 20200107000023240 m Ex1It1T B AFFn)Av1T of TODD WA soN IN SuppoRT OF PETITION FOR RELEASE FROM THE EXTRATERRITORIAL JuRISDIGTIoN of THE CITY OF WYLTE Before me, the undersigned authority, on this day personally appeared, Todd Wilson, who under oath stated as follows: 1. My name is Todd Wilson. I am over 18 years of age and am legally competent to make this affidavit, which is true and correct, and is made voluntarily and not under duress. 2. I am a property owner in the extraterritorial jurisdiction of the City of Wylie. My property is located at the following address:1945 East FM 544, Wylie, Texas 75098, PID 2824153 (the "Property"). 3. There is 1 owner of the Property: Todd Wilson. I own 100% of the interest in the Property. 4. I swear that the property is not: (1) in an area that was voluntarily annexed into the extraterritorial jurisdiction that is located in a county: (a) in which the population grew by more than 50 percent from the previous federal decennial census in the federal decennial census conducted in 2020, and (b) that has a population greater than 240,000; (2) within five miles of the boundary of a military base, as defined by TEx. Loc. Gov T CODE § 43.0117, at which an active training program is conducted; (3) within the portion of the extraterritorial jurisdiction of a municipality with a population of more than 1.4 million that is: (a) within 15 miles of the boundary of a military base, as defined by TEx. Loc. Gov'T CODE § 43.0117, at which an active training program is conducted, and (b) in a county with a population of more than 2 million; (4) in an area designated as an industrial district under TEX. Loc. Gov'T CODE § 42.044; or (5) in an area subject to a strategic partnership agreement entered into under TEx. Loc. GOv'T CODE § 43.0751. I understand that the term "military base" refers to "military installations," as that term is defined by 10 U.S.C. § 2687(g)(1), and refers to military sites that are subject to the jurisdiction of the U.S. Department of Defense and may be closed or realigned by the U.S. Department of Defense. 5. I swear that the petition contains my valid and true (1) signature, (2) printed name, (3) date of birth, voter registration number, and county of voter registration, (4) residence address, and (5) date of which I signed such petition. 6. I swear that I satisfied the signature requirement of TEx. Loc. GOV'T CODE § 42.104(b) within 180 days following the date first signature for the petition was obtained. Todd Wilson Sworn and subscribed to before me on this the �7 day of October, 2026./� o&U Publi �d for the State of Texas ANNE MARIE YOUNG d Johns & Counsel PLLC .1 7�M Notary Pubtti`c, State of Texas ' 4'.• Comm. Ex Tres 05-29-2029 Notary iE? 425401135