Loading...
07-19-2011 (Planning & Zoning) Agenda Packet 13 • & • Ih, VI III , y „11 IE „ : ,„1 y Regular Business Meeting Wylie Planning & Zoning Co CITY : E NOTICE OF MEETING Regular MeetingAgenda Tuesday, July 19, 2011 — 6:30 pm Wylie Municipal Complex— Council Chambers 300 Country Club Rd., Bldg. 100 Phillip Johnston Chair Ruthie Wright Vice-Chair David Dahl Board Member Matthew Kirk Board Member Ramona Kopchenko Board Member Ron Smith Board Member Gilbert Tamez Board Member Renae 011ie Planning Director Charles Lee Senior Planner Jasen Haskins Assistant Planner Mary Bradley Administrative Assistant In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wvlietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wylietexas.gov. The Chair and Commissioners request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.516.6023 or TDD 972.442.8170. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE ELECTION OF CHAIR AND VICE CHAIR CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Commissioners regarding an item that is not listed on the Agenda. Residents must provide their name and address. The Commission requests that comments be limited to three (3) minutes. In addition, the Commissioners are not allowed to converse, deliberate or take action on any matter presented during citizen participation. July 19,2011 Wylie Planning and Zoning Regular Meeting Agenda Page 2 of 2 CONSENT AGENDA A. Consider and act upon approval of the Minutes from June 21, 2011 Regular Meeting. REGULAR AGENDA Action Agenda 1. Consider and act upon a Site Plan for Regency Business Park, Phase 2, Block C, Lot 44 located northeast of Regency Drive and Exchange Street. ADJOURNMENT CERTIFICATION I certify that this Notice of Meeting was posted on this 15th Day of July 15, 2011 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: wwwwylietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed This page is intentionally blank Wylie Planning Zoning and Commission CITY OF WYLIE Minutes Wylie Planning & Zoning Commission Tuesday,June 21, 2011 —6:30 pm Wylie Municipal Complex— Council Chambers 300 Country Club Road, Building 100 CALL TO ORDER Chairman Phillip Johnston called the meeting to order at 6:30PM. Present with Chairman Johnston were, Vice Chairman Ruthie Wright, Commissioner Ron Smith, Commissioner David Dahl, Commissioner Ramona Kopchenko, and Commissioner Gilbert Tamez. Commissioner Jeremy Jordan was absent Staff present was Renae' 011ie, Planning Director; Jasen Haskins, Assistant Planner and Mary Bradley, Administrative Assistant. INVOCATION & PLEDGE OF ALLEGIANCE Vice Chairman Wright gave the invocation and Commissioner Smith led the Pledge of Allegiance. CITIZENS COMMENTS Chairman Johnston opened the Citizens Participation. With no one approaching the Commissioners, Chairman Johnston closed the Citizens Participation. CONSENT ITEMS 1. Consider and act upon approval of the Minutes from the May 17, 2011, Regular Meeting. A motion was made by Commissioner Smith, and seconded by Vice-Chairman Wright, to approve the minutes from May 17, 2011 Regular Meeting, as submitted. Motion carried 6-0. REGULAR AGENDA Action Agenda Minutes June 21,2011 Wylie Planning and Zoning Board Page 1 of 3 1. Consider and act upon approval of a Site Plan for Greenway Addition, Block A, Lot 6 (Davita Dialysis) developing a single story, 6,800 square foot medical office facility on one lot consisting of 0.97 acre, generally located east of Westgate Way and approximately 662 feet south of F.M. 544. Ms. 011ie stated that the applicant proposes to construct a medical facility, which will be about 6,800 square feet, single-story on approximately one acre. The property is within the Greenway Shopping Center on Lot 6, with mutual fire lanes and access easements. Ms. 011ie stated that the Site Plan meets requirements for Standard within the Zoning Ordinance, except for one for the desirable Site Analysis. The applicant proposes to have two rows of parking instead of one, and does meet the direct connection from the building to the street, so they do meet the four Site Analysis Standard Requirements. Ms. 011ie stated that the intent of the Ordinance when the property was Platted, to put the buildings closer to the street, one Desirable to have the parking on the building line. The medical facility will be constructed with similar masonry products as the existing shopping center. Commissioner Kopchenko complimented the Staff and applicant on a job well done. Vice-Chairman Wright questioned the statement on the report about the Engineer plans. Ms. 011ie stated that the Commissioners were not approving the construction of the development, but rather the layout of the development. With no questions for the applicant, a motion was made by Commissioner Kopchenko, and seconded by Vice Chairman Wright, to approve a Site Plan for Greenway Addition, Block A, Lot 6 (Davita Dialysis) developing a single story, 6,800 square foot medical office facility on one lot consisting of 0.97 acre, generally located east of Westgate Way and approximately 662 feet south of FM 544. Motion carried 6—0. MISCELLANEOUS Ms. 011ie stated that the next meeting will be July 21, 2011. Commissioner Dahl questioned the status of the meeting for the Impact Advisory Committee. Ms 011ie stated that staff is still working on putting it together. Minutes June 21,2011 Wylie Planning and Zoning Board Page 2 of 3 ADJOURNMENT A motion was made by Vice Chairman Wright, and seconded by Commissioner Kopchenko, to adjourn the meeting at 6:43PM. All Commissioners were in consensus. Phillip Johnston,Chairman ATTEST: Mary Bradley,Administrative Assistant Minutes June 21,2011 Wylie Planning and Zoning Board Page 3 of 3 This page is intentionally blank Wylie Planning and Zoning _ - Co mm ission CITY OF - 'YLI iI AGENDA REPORT Meeting Date: July 19, 2011 Item Number: 1 Department: Planning Regency Business Park Phase Prepared By: Charles H. Lee,AICP, CBO Subdivision: 2, Block C, Lot 44 Date Prepared: June 30, 2011 Zoning District: Light Industrial (LI) Site Plan, Landscape Plan, Exhibits: Elevations, Utility Agreements Subject Consider and act upon a Site Plan for Regency Business Park, Phase 2, Block C, Lot 44 located northeast of Regency Drive and Exchange Street. Recommendation Motion to approve a Site Plan for Regency Business Park, Phase 2, Block C, Lot 44 located northeast of Regency Drive and Exchange Street. Discussion The applicant proposes to develop a single story, 6,357square foot Industrial, Inside facility on 0.68 acres of undeveloped property. The undeveloped lot is zoned Light Industrial (LI); Industrial, Inside uses are allowed by right, subject to provision that `Hazardous or high risk uses require a Specific Use Permit. Platted in 1987, the property is located at the northeast corner of Regency Drive and Exchange Street. Overhead and underground utilities cover more than 50% of the lot, and because of these constraints required parking is located towards the northern portion of the property. The applicant/owner has acquired permission from utilities to construct parking and access facilities within the above mentioned easements, however permanent structures are prohibited. Such agreements must be filed with Collin County and a copy submitted to the Planning department prior to construction or the issuance of permits. The site plan generally complies with landscaping & architectural design guidelines and the proposed facility conforms to recent developments within the Regency Industrial area. Recommended for approval subject to additions and/or alterations to the engineering plans as required by the Engineering Department. Approved By Initial Date Department Director RO 07/12/11 Page 1 of 1 cip Do t / r o O _ f4 W LOT 4,BLOCK D LOT 3,BLOCK D LOT 2,BLOCK D LOT I,BLOCK D REGENCY BUSINESS REGENCY BUSINESS REGENCY Bu91NE99 REGENCY Bu9N99 o ARK,PHASE 2 PARK,PHASE 2 PARK PHASE 2 PARG PHASE 7 - IR-' ZONED LI ZONED LI ZONED LI ZONED LI :s. ss SITE y_s � m H ss ss ss ss ss ss ss = s k. rip =, EEN '' DIVE P� v �- o:rz P -7 188-11 / 216' CORNER TO ACCESS ACCESS TO CORNER A 3P o. _ \ w O LS FRONTAGE / H = '. w w W w =--��w ____,--w W VICINITY MAP 1 H w ' ,�_ et FH NOT TO SCALE Q A ,,,, 3,634 SF ROW LS N00°02'31'A 212.90'\ 7 S- ¢ a �Yy 025SFLSAREA r p� 20' UILDI ,I TBACK - 4_ — —o_ � I P:04 EX � —�r ——— m FH STE 200 I^ i STE 100 1 `V q, ill De Iu 90'11" y 6' _ 20' De 4 nn -7 VERIFY -y TYP !', u7 I Z SITE DATA sumi---LAIR-r: O tLOT I p� _ +� SYNOPSIS: LOT I,BLOCK E @ -- �0 ��F, 1L_✓�®�K C LOT I,BLOCK C REGENCY Bu91NE99 SS 6�6 '�- IY Ui REGENCY BUSINESS GROUND UP CONSTRUCTION OF A 6,351 SF SINGLE-STORY PARY PHASE 2 STUB �,CJ If REG�NC•I BUSINESS �� _© W PARY�PHA9E 2 ZONED LI 3 ZONED a FACILITY ON A 29,614 SF(.681 AC)LOT LOCATED ON LOT 44 � �:� I PARK,1PHASE 2 �' �j Si SF 0.681 AC F 29,614 SF = N _ BLOCK C OF THE REGENCY BUSINESS PARK PHASE 2, r ZOND LI : ,, ^I LOCATED AT 211 REGENCY DRIVE,CITY OF WYLIE,COLLIN S .III 1 SINGLE STORY STRUCTURE o� COUNTY,STATE OF TEXAS 15098. THE BUILDING SHALL O a 10' o _ w CONSIST OF TWO EQUALLY SIZED SUITES;ONE OWNER 19 OCCUPIED AND ONE LEASE SPACE. , 0 ¢ X I m BUILDING/SITE DESIGN: N v - y _ . _, —_ -- ` - - 1 I BRYAN ROGERS,BETTER DESIGN RESOURCES LLC W P.O.BOX 1454,WYLIE,TX 15098 o H '-`.1. 12',DRIVE 1 1 1 PH: 214-113-6460 FAX:912-429-0224 x a H _F' N N00°22'21" 281.90' EXIST FENCE CIVIL ENGINEERING: 0 TODD WINTTERS,P.E.,ENGINEERING CONCEPTS 4 DESIGN LOT 2,BLOCK E ,-10''ENSEARCH CORP ESMT /-20' CITY OF WYLIE REGENGYBU91NE99 LOT 43,BLOCK C 201 WINDCO CIRCLE,WYLIE,TX 15098 a PAR�EDASE 2PAERK PHASE 2� DRAINAGE ESMT PH:912-941-8400 FAX:912-941-8401 ZONED LI NOTICE NOTIFY ATMOS AT 214-536-3278 AT LOT 2,BLOCK C SURVEY TECHNICIAN: C/1 LEAST 48 HOURS PRIOR TO REGENCY BUSINESS r� PAi PHASE: RANDY SMITH,LONESTAR FIELD COMPANY f�a BEGINNING ANY WORK ON THE ZONED LI 0 EASEMENT AREA. PH: 214-801-5966 ZONED:LI-LIGHT INDUSTRIAL 5 W EXPLORER ONCOR ESMT PROPOSED USE:INDUSTRIAL INSIDE U PIPELINE ESMT IT IS NOTED THAT ANY HAZARDOUS OR HIGH RISK USES WILL Z WARNING!!! REQUIRE A SEPARATE SPECIFIC USE PERMIT. U WARNING!!! L. r, IIIGII VOLTAGE RESTRICTIONS PARKING REQUIREMENTS: 0 I2-INCH HIGH-PRESSURE US,ON TIRAI,T INFS OR OTHFR ROOM-TV,FQUIPVIFNT TN C ONVFC',TON PETROLEUM PRODUCTS TIPELINE. N-,,,,>'�vo�,"LI'LIUOILV,LllON1lILASLVILN1AliCA"r 6,351 SF INDUSTRIAL INSIDE USE 1:500 SF �' a CONTACTGRFFNVT[T F ARF AMANACFR.(903)i2"/-I262 OWNIfRIISLML()YLLSA(�LNSIVVI)ILLSC()NIRA(.IURSUR PARKING REQUIRED= 13 1r��I AL LtASCIS HOURS tlt'ORN ANY lAV51RUCIlON NtAIt 9U13CON'f1tACO1R5 VlU51 COMPLY\Vllll GlU'lLR'1�2,1LhA9111AL1LL U P,PFFMF FPGTNS- \VDSAFETI L�De THEN TIOV,L ELEL'.TRI(S�FTV000C\NDANV PARKING PROVIDED= 19 SPACES INCLUDING 1 VAN r�/I U OTIICR APPLIL ULCS\CCTY UR LLCAR,\NLC RC(1UIRGVICVTti IN NO /�/� HC /�r\GN'1'SHALL AVY tQUIYMtNL13 W11H1N Nlk lttl.(1�1 Nrhl Uk LHY ACCESSIBLE SPACE '''tVON' N)SIIA (N"vRt I NOIIF RItF:r,-O U ^ TR\NSVITIIC""CC)IANIN(OR NYN(CIRR ON TIIC C\1CV14CNT ARCH ORT O FJ,� LANDSCAPING REQUIREMENTS: 1U? REQUIRED LANDSCAPING WITH SUBSURFACE IRRIGATION= ION C Q TOTAL LOT= 29,614 SF,REQUIRED LANDSCAPING= 2,961 SF 0 11,530 SF UNAVAILABLE FOR LANDSCAPING DUE TO EASEMENTS. t 24 12,544 SF TOTAL BUILDABLE AREA AVAILABLE FOR F'U LANDSCAPE INSTALLATION. 0 W LANDSCAPING PROVIDED=3,025 SF Q. S I TE FL AN REQUIRED TREES= 1 TREE/40LF FRONTAGE,1 FLOWERING W TREE/20LF FRONTAGE PC (� 115 LF FRONTAGE ON REGENCY+90 LF FRONTAGE ON ,--I SCALE 1:20 \P EXCHANGE= 205 TOTAL LF FRONTAGE. N TREES ARE NOT ALLOWED ON EASEMENTS. 1 TREES a 1/40=5,FLOWERING TREES a 1:20= 10 20 10 0 20 &I - _)111a 0/,_"{ 2 1 LOT COVREAGE: 29,614 SF(100%)PERCENTAGE OF TOTAL LOT 10,125 SF(34.1%)PARKING 4 ACCESS LANES 6,351 SF(21.4%)BUILDING 3,025 SF(10.I%)LANDSCAPE LANDSCAPING DESIGN PEQUIPENIENTS SITE DESIGN UI E1-TENTS NOTES: 183 SF(2.6%)SIDEWALKS PG ELEMENT BASE STANDARD DESIRABLE PG ELEMENT BASE STANDARD DESIRABLE DRAWING REV: 99 LANDSCAPING IN x A,A7 LEAST 20A OF 917E SHALL BE LANDSCAPED IN N9,GR,< x A. LANDSCAPING THAT EXCEEDS THE MINIMUM BY 10R, '8 BLOC x A. ENTRANGE9 AND/OR FACADES ORIENTED TO THE STREET. x q, BLDG AT FRONT YARD LINE. REQUIRED TARD9 GG D197RIG79:if OF 917E IN GR,GG D19TRIG79 FOR SINGLE X B. LANDSCAPING IN 91.E 1 REAR YARD NOT OTHERWISE PLACEMENT NA B BLDG FOOTPRIN79 NO GREATER THAN 20,000 9F:MLR a GR X B. INDIVIDUAL BUILDINGS W/FOOTPRIN79=.10,000 SF. FOR: BLDGS GF 100p0D SF OR MORE;10%OF SITE IN LI a NI D197RIG7a REQUIRED. D19TRIGT9. x C.FRONT FACADE ORIENTED TO THE STREET. \/ CONSTRUCTION X B.LANDSCAPING 19 REQUIRED IN THE FRONT YARD. NA c.nuLnPLE BLDG'PLACED 7o cREA7E PLAZAS,COURTYARDS. 1. REQUIRED LANDSCAPED AREA(SHOWN HATCHED)SHALL2 11 � � � y NA G.LANDSCAPING 19 REQUIRED IN THE SIDE AND REAR TARD9 LANDSCAPED AREAS W/CONNECTING WALKWAYS. ADJACENT TO,OR ACROSS THE STREET FROM RESIDENTIAL S�PAPoCING NA A. TO EXTENT POS916LE,PARKING TO SIDE a REAR OF BLDG IN ""A' A A. 917E PLAN WITH NO PAPoCING IN FRONT OF THE BLDG. HAVE AN AUTOMATED,SUBSURFACE IRRIGATION SYSTEM. LOT 44,BLOCK C,REGENCY BUSINESS PARK PHASE 2 60 LANDSCAPING OF X A.917E PLANS REQUIRING MORE THAN 12 9PACE9 REQUIRED 70 x A. LAND90APING 103 OR MORE IN EXCESS OF 90 SF/9PAE. PLACEMENT N9,CR.GG D197RIGT9. NA B. BLDG WITH NO MORE THAN ONE ROW PARKING IN FRONT. DRAWN BY: PARKING LOTS NAVE S0 9F OF LANDSCAPING PER 9PAGE. NA B. PARKING L0T9 WITH NO 9PAGE FURTHER THAN 40 FEET } NA B. PARKING.PAGES AT LEAST.T.FROM RESIDENTIAL LOT LINE. 2. LANDSCAPING SHALL BE INSTALLED PER CITY OF WYLIE NA B.NO PARCING 9PAGE FURTHER THAN 40'FROM LANDSCAPED FROM A LAND9CAPEDAREA. - "AGGE99 X A.MINIMUM WIDTH DRIVE OF 24',TURNING RADW9 OF 29'. NA A. COMBINED AGGE99 POINTS WITH ADJACENT TRACTS. ORDINANCE,ARTICLE 1,SECTION 1.1. Bryan D.Rogers AREAS ON SITE. NA G. LANDSCAPED PEDESTRIAN GONNEGTION TO MAIN DRIVES X B. AGGE99 DRIVE AT LEAST 150'FROM INTERSECTION. NA B.DIRECT GONNEGTION BETWEEN BLDG.a STREET. 4 X', PARKING ROWS I2 9PAGE.OR LCNGER SHALL NAVE ENTRANCE. 4 X G. AGGE99 DRIVES SERVING DEVELOPMENTS GREATER THAN OWNER/APPLICANT: LAND90APED 19LAND9 A7 END. 30,000 9F SHALL HAVE SEPARATED MEDIAN,OR BE SEPARATED AT 3. LARGE TREES,FLOWERING TREES,AND EVERGREENS X D.ALL PARKING ROWS SHALL HAVE LANDSCAPED AREAS AT LEAST BO'FRGM EACH OTHER. KUMARS POORKIYANI DATE: LEAST EVERY 12 9PAGE. NA D. LANDSCAPED TREATMENT OF ENTRANGE9. USED,SHALL BE SELECTED FROM CITY OF WYLIE SUGGESTED 61 VISUAL NA . REQUIRED SCREENING IN STRIP AT LEAST S'WIDE.PLANTS 3'IN S9 LOCATION OF 9VG X A. 9VC 1 LOADING AREAS SHALL NOT BE VISIBLE FROM A NA A. NOT VISIBLE FROM RIBLIG STREET BUT PROVIDE MASONRY AXXESS K PROPERTY,LLC 07-07-11 .GREENING HEIGHT WHEN PLANTED,INCLUDE ONE FLOWERING TREE FOR EVERY LOADING AREAS Rii.I'STREET OR ADJACENT RE9D LOT. SCREENING. SPECIE LIST. 20 LINEAR FEET OF AREA. x g. DEVELOPMENTS UNABLE TO MEET THE ABOVE ARE REQUIRED 4652 REUNION DR.,PLANO,TX 15024 61 LANDGAPING OF X q,A7 LEAST 50h OF REQUIRED FRONT YARD DEVELOPED A9 NA A, USE OF ROCK WALLS OR OTHER NATURAL LANDSCAPE TO HAVE MASONRY SCREENING WALLS W/GATES. 4 SUBSURFACE IRRIGATION S NOT ALLOWED N EASEMENT S7 FRON7AGE9 x LBANDE9 IQURED NTBUFFER,IN GROVE'OR BEL79 E A 90'- x B.A INCREASE IN MIN WIDTH OF LANDSCAPE BUFFER BT 20X.. AREA. PH:912-294-9440 FAX 912-184-42 26 SHEET 40'.PAGING. NA . PROVISION CF SPECIAL BENCHES,PEDESTRIAN LIGHTING, �+ ClA D.A�7 LEIA�STD 4'RMEAND l7A8CONCRETELF:a.AT ON OTHER 9TREET9GAPE ELEMENTS. DESIGNER: 11 PERIMETER WHEN ADJACENT TO THOROUGHFARE. BRYAN ROGERS,BETTER DESIGN RESOURCES LLC OF Z P.O.BOX 1454,WYLIE,TX 15098 PH: 214-113-6460 FAX:912-429-0224 APX 21 5F ROCK VT 00 APX 1,016 SF BRICK APX 1,214 SF TOTAL FACE SOLDIER ROW AT ALL OPENINGS ADDRESS- 6"TALL ADDRESS NUMERALS 4 3"SUITE W C) o APX 8�8 SF BRICK U O �, APX 250 SF ROCK KING SIZE COML BRICK NUMERALS ON CONTRASTING BACKGROUND a/ ,T., APX 130 5F DOORS 4 GLASS ROCK DETAIL AROUND BLDG INSET REQUIRED FIRE ACCESS VIA KNOX BOX O 12 2 EXTERIOR LIGHT PACK VT E. __----, rW- w $ -- 1 m 1, V1 +. S. R rei 2 ' �ei! �t o —1-a m E- - 'a ,....1 -14F--------------M .-1 1M---ft-- —5-: 11,1!6ta�-e::lYr�ti rs'-it�vilta'�41IT.jti rill's pL�'r11ir 9i i LIt�:-tips,r:- 1�1,B-•.•1,1 ftt'g elltrj ngett i .Pi�H'e.A gEEVA k1I 9e gtar -�-I Yl��� l�� 0� �l�'� `yID�� `yID��ldti, biifi i lMlii Mf i lQl� i'"�t�,'��..i'fie! `� a`ROCK IK � .tt =. lft r lfterUrt„+�..e.e.fisr' .- ,isfi tatif afar tifli'ee .1tr keti .eird e...eVat.e..eR ems.. W O z 10°IO° 4.4. ACCENT ,�1S"ROCK ACCENT,TYP 6m4m 3"T" 6m4m 6.4. 3"T"I (ROCK DETAIL,TIP INSUL OVHD LOW-E - 18" a 18"TYP LOW-E LOW-E LOW-E LOW 1 Im' I.. 1 I 111 11 1„ 1,. 1 �-"�� 20'-10" S'-8" 5- �✓"�� 16'-3-" 16'-3-" �- LOW-E STOREFRONT DOORS �- 16'-3- 16'-3- �✓-" 2 FROM OUT OF STL /FINISHED OPNG FROM OUT OF STL 2 4 4 2 2 4 4 2 TYP eRicK BRICK BRICK FROM OUT OF STL 1 FROM OUT OF STL FROM OUT OF STL 1 FROM OUT OF STL BRICK LEDGE LEDGE LEDGES 33'-52" 24'(4'DP INSET) 33'-S2" LEDGE P:04 69' TYP TIP FROM OUT OF FND FROM OUT OF FND OUT TO OUT OF STEEL / 90' 69'-11" / OUT TO OUT OF STEEL OUT TO OUT OF FOUNDATION / 90'-11" OUT TO OUT OF FOUNDATION NOR=N E=EV4= ON W-S- E=EV4= ON SCALE: 1/0"=1'-0" SCALE: I/S"=1'-0" 00 O in ck N 6"ADDDRESS NUMERAL 4 3"SUITE NUMERALS ON A CONTRASTING vW1 W EXTERIOR LIGHT PACK BACKGROUND,TYP AT ALL SIDE 4 REAR DOORS d H SCREW-DOWN COML MTL ROOF EXTERIOR LIGHT PACK H a H - _ - 122 -. G2.lo i, �W�iii: E ,-,T,.<, _0_, _. , 4m 4m 30-o STL DOOR BY BLDG MFG 14.12. 3m 7° 3m 7° 14°12. U W LOW E INSUL OVHD INSUL OVHD O 1 ROCK 5 23' 'ACCENT,TYP 14' '2'-3'—' '-3'--2', 14' 23' "/S I" I-�1-1 5�"�� 8'-S" 20'-4" 3' 3�' iis�1 BRICK FROM OUT OF STL TO OPNG FINISHED OPNG STL DOORS BY BLDG MFG FINISHED OPNG OUT OF STL TO OPNG BRICK BRICK FROM OUT OF STL FROM OUT OF STL /BRDGE EDGE LEDGE 90'-11" 71- LEDGE OUT TO OUT OF STEEL OUT TO OUT OF FOUNDATION O Z 69'-11" APX 096 SF BRICK W W APX 21 5F ROCK OUT TO OUT OF FOUNDATION Q. W APX 1,095 5F BRICK SOU=N VA-ON AS VA- 'ON _ N SCALE: 1/8"=1'-0" SCALE: 1/0"=1'-0" NOTES: 5. 1/2"EXPANSIONS JOINTS SHALL BE SET IN BRICK I. 20%STONE IS REQUIRED ON BLDG FACE. APPROXIMATELY 20'O.C. VERIFY SPECIFIC LOCATIONS WITH PROPOSED SLOG FACE= 1,214 SF(100%) ARCHITECT PRIOR TO INSTALLATION. PEEL' PP [_V: P 1°;/T I REQUIRED STONE= 254 5F 5. CONSTRUCTION MUST COMPLY WITH: DRAWING REV: STONE PROVIDED= 25S SF(20.2%) 2006 INTERNATIONAL BUILDING CODE(IBC) FOR: 2. 25%OF BLDG FRONTAGE IS REQUIRED TO BE OFFSET 2006 INTERNATIONAL MECHANICAL CODE(IMC) CONSTRUCTION 4'DEEP. 2006 INTERNATIONAL PLUMBING CODE(IPC) 4IROI=ITECTUIR4L DESIGN IREOUIIREMENTS BLDG FRONTAGE=91' 2006 INTERNATIONAL FIRE CODE(IFC) DRAWN BY: PG ELEMENT BASE STANDARD DESIRABLE REQUIRED ARTICULATION= 2 2'-9"X 4'DEEP 2005 NATIONAL ELECTRIC CODE(NEC) 63 BUILDING X A.BLDGS CONfTR GTE'OF BRICK WITH AT LEAST 2OL STONE X A. 19E OF TWO COMPLEMENTARY PRIMARY FACADE Bryan D.Rogers PROVIDED ARTICULATION= 24'X 4'DEEP 2006 INTERNATIONAL ENERGY CONSERVATION CODE(IECC) MATERIALS GON9TRucnoNAis PERMISSIBLE N LII:HII DISTRIIGTS.TILT WALL VARIETITLg OR ARCHITECTURAL DETAILING IGULATION•VISUAL 3. WALL TIES TO SE INSTALLED PER IBC 2104.1.3 4 TEXAS ACCESSIBILITY STANDARDS NA R.AOFIRNb�ATEITH RIAPLgGN GREATER THAN 2:12 USE SPECIFIED X B. DOPY SAME STYLE ENTIRE BLOCK DATE: 2109.6.3.1. THE MAXIMUM VERTICAL DISTANCE BETWEEN CITY OF WYLIE ORDINANCES 4 AMENDMENTS. X DE9IG C.BN TTHEME9�BLDG LS.,GOLORSADF THE 91 AND DETAILS. 06-20-II TIES SHALL NOT EXCEED 24"AND THE MAXIMUM 6. SEE SHEETS T 1 4 T2 FOR ADA/TAS NOTES 4 DETAILS. NEW DEVELOPMENT CONTEXT WITHIN 2O9'OF A CORNER. "BUILDING X A.WALLS NOT EXCEED HEIGHT WIDTH RATIO OF I TO 2 WITHOUT NA A. APPLICATION OF BASE STANDARDS TO FACADES NOT ARTICULATION, VARIATION IN MASSING OF FACADE.AT LEAST 25R OF FACADE PAGING A PUBLIC STREET. SHEET HORIZONTAL DISTANCE SHALL NOT EXCEED 36". 7. LOW-E DOUBLE PANE TEMPERED GLASS,1/4"CLEAR INNER,1/2" FORM MASSING OFFSET AT LEAST X B. USE OF ARCHITECTURAL DETAILING 40R MATERIALS TO ADDITIONAL TIES SHALL BE INSTALLED AT ALL OPENINGS, GAP,1/4"SOLAR-GRAY TINTED EXTERIOR,AL FRAME WITH FINISH X ELEMENTS.NGE9MUST BE EMPHASIZED WITH ARCHITECTURAL PROVIDE VARIETY IN VISUAL APPEARANCE. Al NA .GROUND FLOOR FACADES IN L CIZ 1 CC DISTRICTS SPACED NOT MORE THAN 36"APART AROUND THE DEFINED BY OWNER, REQUIRED SPECIFIED FEATURES ALON 6Ot OF LENGTH. 06'CM4TAEGTURAL NA A.BLDGS IN THE NB GR DISTRICTS SHALL BE ARCHITECTUALLT NA A. BLDGS WITH PITCH ROGF9 MEETING MINIMUM REQUIREMENT OF 2 PERIMETER AND WITHIN 12 INCHES OF THE OPENING. TYP ALL GLASS. ALL GLASS TO MEET OR EXCEED IBC 2006, COMPATIBILITY COMPATIBLE WITH9 RROUNDING NEIGNBGRNOOD9 OF RESIDENTIAL DEVELOPMENT. O 4. DIMENSIONS SHOWN ARE FINISH DIMENSIONS. SECTION 2406. NA RESI=21-IAREAS19HALL BE ARGHITEOGRTURALLT COMPATIBLE. NA MORE GABLE ITROOF SEECTON9EAT RKaNTD ANGLES TO EA OTN�ER. w Royse-Ben Davis 138kv D-2561 10-01619RR ENCROACHMENT ON EASEMENT WHEREAS, Oncor Electric Delivery Company LLC ("Oncor"), is the owner of an easement in Collin County, Texas, which is recorded in Volume 574, Page 435, of the Deed Records of Collin County, Texas ("Easement"); and WHEREAS, Kumars PoorkiyanirOwner"),desires permission to construct,operate and maintain access to Driveway and Parking Area ("Encroaching Facility")within the area or boundaries of the Easement ("Easement Area"). NOW, THEREFORE, in consideration of the mutual covenants contained herein, and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,Oncor and Owner do hereby agree as follows: 1. Location of Encroaching Facility. Owner may locate the Encroaching Facility in the Easement Area, but only as described and shown on the attached drawing marked Exhibit"A"and incorporated herein. Owner may not relocate the Encroaching Facility within the Easement Area without the consent and approval of Oncor, which consent and approval shall be at Oncor's sole discretion. Owner acknowledges and agrees that Oncor holds easement rights on the Easement Area; therefore, Owner shall obtain whatever rights and permission, other than Oncor's, that are necessary. 2. Restrictions on Use of Easement Area. Owner shall use only so much of the Easement Area as may be necessary to construct, maintain and repair the Encroaching Facility. Owner shall, at its own cost and expense, comply with all applicable laws, including but not limited to existing zoning ordinances, governmental rules and regulations enacted or promulgated by any governmental authority and shall promptly execute and fulfill all orders and requirements imposed by such governmental authorities for the correction, prevention and abatement of nuisances in or upon or connected with said Encroaching Facility. At the conclusion of any construction, Owner shall remove all debris and other materials from the Easement Area and restore the Easement Area to the same condition it was in prior to the commencement of Owner's construction thereon or in proximity thereto. Owner shall not place trash dumpsters, toxic substances or flammable material in the Easement Area. Further, if the Easement Area has transmission or distribution facilities located thereon,Owner shall not place upon the Easement Area any improvements, including but not limited to, buildings, light standards, fences (excluding barriers installed around transmission towers, if applicable), shrubs, trees or signs unless approved in advance in writing by Oncor. Additional general construction limitations on encroachments are described and listed in Exhibit"B", attached hereto and by reference made a part hereof. 3. Maintenance of Encroaching Facility. Owner, at Owner's sole expense, shall maintain and operate the Encroaching Facility. Oncor will not be responsible for any costs of construction, reconstruction, operation, maintenance or removal of Owner's Encroaching Facility. ENCROACHMENT ON EASEMENT Page 1 4. Risk and Liability. Owner assumes all risks and liability resulting or arising from or relating to Owner's use, the existing condition or location, or existing state of maintenance, repair or operation of the Easement Area. It is further agreed that Oncor shall not be liable for any damage to the Encroaching Facility as a result of Oncor's use or enjoyment of its Easement. Any Oncor property damaged or destroyed by Owner or its agents, employees, invitees, contractors or subcontractors shall be repaired or replaced by Oncor at Owner's expense and payment is due upon Owner's receipt of an invoice from Oncor. 5. Indemnification. Owner agrees to defend, indemnify and hold harmless Oncor,its officers, agents and employees from and against any and all claims, demands, causes of action, loss, damage, liabilities, costs and expenses(including attorney's fees and court costs)of any and every kind or character, known or unknown, fixed or contingent, for personal injury (including death), property damage or other harm for which recovery of damages is sought or suffered by any person or persons, including claims based on strict liability, arising out of or in connection with Owner's actions or omissions or the actions or omissions of its officers, agents, associates, employees, contractors or subcontractors or the actions or omissions of any other person entering onto the Easement Area or the Encroaching Facility, including the negligent actions or omissions of Oncor, when such actions or omissions relate to Owner's use of the Easement Area. 6. High Voltage Restrictions. Use of draglines or other boom-type equipment in connection with any work to be performed on the Easement Area by Owner, its employees, agents, invitees, contractors or subcontractors must comply with Chapter 752, Texas Health and Safety Code, the National Electric Safety Code and any other applicable safety or clearance requirements. Notwithstanding anything to the contrary herein, in no event shall any equipment be within fifteen (15)feet of the Oncor power lines situated on the aforesaid property.Owner must notify the Region Transmission Office at 972-564-7050 48 hours prior to the beginning of any work on the Easement Area. 7. Removal by Oncor. If at any time in the future, the Encroaching Facility, in the sole judgment of Oncor, interferes with Oncor's use or enjoyment of its easement rights, Oncor shall have the right to remove said Encroaching Facility. Oncor shall notify Owner in writing that within 90 days the Encroaching Facility must be removed at Owner's sole cost. If at the end of the 90 day period the Encroaching Facility has not been removed, Oncor may remove it, at Owner's expense. Oncor will not be responsible nor will compensation be paid for damages incurred by such removal, including, but not limited to, damages for loss of use of the Encroaching Facility or business interruption. However, in an emergency, Oncor shall have the right to immediately remove the Encroaching Facility. If the Encroaching Facility is removed, Oncor will not unreasonably withhold consent for Owner to relocate the Encroaching Facility within the Easement Area. 8. Default and Termination. It is understood and agreed that, in case of default by Owner or its agents in any of the terms and conditions herein stated and such default continues for a period of ten (10)days after Oncor notifies Owner of such default in writing,Oncor may at its election forthwith terminate this agreement and upon such termination all of Owner's rights hereunder shall cease and come to an end. This agreement shall also terminate upon the abandonment of the Encroaching Facility. ENCROACHMENT ON EASEMENT Page 2 This agreement shall extend to and be binding upon Owner and its successors and assigns, and is not to be interpreted as a waiver of any rights held by Oncor under its Easement. Executed this a day ofI \pJLi , 2010. Oncor Electric Delivery Company LLC By• » At, 1;ua1v Nod to � Thomas F. Newsom Attorney-In-Fact Kumars Poorkiyar,i By. Name: 41;Mil- tqw-jr\ y1/1- Title: y)6( ENCROACHMENT ON EASEMENT Page 3 STATE OF TEXAS § COUNTY OF P § BEFORE ME, the undersigned authority, on this day personally appeared Kumars Poorkiyani as the owner of the property, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed, in the capacity therein stated and he/she is authorized to do so. OIV N UNDER MY HAND AND SEAL OF OFFICE this 2<:---' _ day of 7,-4 c-LA, t. _, A. D. 2010. • m���r whir✓ - r w W -.ur �.n I� TTT■■■ y / r r°,1, iC� �,.,fn,�, iY II rE r ,►' r' �,o:�,w,m + �� °` ��' `'�.��`� ��r'��A. i Nota Public in and forth State of Texas fI I� � � y V �I�I ����v e��,,u� �� win I� IY� I l d '� �)U�,.�Y�Y�bf„i�1 I I tM I✓ � ro e. �"49 v/��n,„r win��,�i1r ".,1 ,+✓,�, fA! Il' n IIr I M..,d ur rY rrr rr-"b w,✓✓r a,, varwm�.� rBi I�r;i ,� ! d err reu.v r/ ✓✓m 0 r✓v alo�?Y�rU f��`�rrfori uuo✓ �,�r ,u r'r� STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Thomas F. Newsom, as the Attorney-In-Fact of oncor Electric Delivery Company LLC, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated and he is authorized to do so. i 9IX, E l.�N ER MY HAND AND SEAL OF OFFICE this day of , • , L , t��111Il1,��,, m it �r �' ru+ � r ��Yp� •., JENNIFER MEEKER a ��� ��, ��� � � ��Q�r' 'rj■ mo,,, II x r, ,N,. ; f I" fir _}. ��'= of Texas ✓,, ,, �� V �� � �r _ ..4.--... ; e Notary Public,State _ �� . , ,orr„ r) ) " 1 � My Commission�x�ires �, � \ ( ° �" '�,:ri.•t„�,`` r o� 2010Notary �� c ar the tate Texas FF . December w ��llt�1S��! Irk w - y. w.Y.. n 4 a_ 9,.•.. r. W_ _-..- .••y5F,r,m. lugrflr n un.areniiiMi„iW WW ENCROACHMENT ON EASEMENT Page 4 _� —I —t 1— 1 t I f r S 1� 1 r N89'3-1'33" 102.63' _� .. .....w. rr . � ass o, 20' DRAINACsE ESi`1T I°, 11. ! t I� II 1 f 4 III +.;----lit', ..4..i r... 'i �„ t li • • • _* d r G° t..1r. a 10 �, W a. r•., ■ x d •' y C`i .e r • a-F� a■a a+ r` H� . `r • a* �:: .. ,..� i ■ ea r € d .'it `, _ ! • fi<Ilf■ .I. a' d •. .! • l//' 4 -44 4- r.7te7W1 wr.M • r. 4 a, d Y . ` Y v� 7 ■ • d r • .4 • - ' .,. i 4,........ k • • • + r d * • r ' Id,.' .a � d . d ! �+� � L r 4• r a� I f .a .:1 • r 4„. r.. Ir.4 • • a ..• 4 i '�"„p; ,I---' ����{ �r mrDp • ra •A. • °` . •a a4 •4 .a .a41 f }+ S W a • r II N rill ! �f 4 4 r f a. i �. r + 4 n �I. r : Is 4 a T !.1I \0 'I . • 1 .1. Hith, .1/41 'el' ' --1 Z-- ,...,, •iil ol-4 01-4 . . 1[ l i,i, i i fiber rr i Iff 4 d r } ( ,/�^Iff 7 1, 9, W 1 i '''.(4'1111 17„:43441,,,21.'' :!.IL:, ,1.• 1 ,Il a ,d 4• 1 a '1 . . • !! r4 . r F ," 1 ;. tiw,h �� f r ` .'• ly l h� y C fIj .i da u 4, n I 10' ATMOS PIPELINE E5MT - �� ,iI- 'Ly tl . R _ If y ate,._ IIII�� r V-��m,,., � I d 20' EXPLORER PIPELINE E5MT d`•" .ed lI n'r.1 III ,, 11 1< 4 Z I III l CY .... —. ,^ U cal .. . ... W I "� 1' CIci) .e • _ ... • • NI. ......." ... D NI < • 'N• •• —••••••" • . . . ., . . . . .. ... ..... _ X:a i I... .- ... • • •• •——''''' — ' ••• -. I Li/I 1 a •. a •a dk r' '1\ i 41 • • ■ 4, •a It • 1\189'31'33" SS.30' d EXCHANGE STREET CONSTRUCTION LIMITATIONS ON ONCOR ELECTRIC DELIVERY COMPANY RIGHT OF WAY EXHIBIT "B" 1. You are notified, and should advise your employees, representatives, agents, and contractors, who enter the property that they will be working in the vicinity of high voltage electrical facilities and should take proper precautions, included but not limited to the following stipulations and in compliance, at all times, with Chapter 752, V.T.C.A., Health & Safety Code. 2. :lasting is not to be permitted on Oncor right-of-way or under Oncor lines. 3. Construction on electric transmission line easements acquired by Oncor after January 1,2003 shall comply with the requirements of Public Utility Commission Substantive Rules§25.101, as amended from time to time. 4. Grading will be done in order to leave the right-of-way as near as possible to present condition. Spoil dirt will be re oved from the right-of-way and no trash is to be left on right-of-way. Slopes shall be graded so that trucks can go down the right-of-way when required and such that the slopes can be mechanically maintained. 5. Equipment and materials will not be stored on the right-of-way during construction without written approval of the Supervisor of Regional Transmission. 6. Street or road crossings are to be based on drawings submitted. Any change in alignment or elevation will be resubmitted for approval. 7. No signs, lights or guard lights will be permitted on the right-of-way. 8. Equipment shall not be placed within fifteen (15)feet of the power lines. 9. Any pre-approved fencing will not exceed eight (8)feet in height, and if metal in nature, will be grounded, at ten (10)feet intervals,with an appropriate driven ground. ates should be at least sixteen (16) feet in width to allow Oncor access to the right-of-way. ENCROACHMENT ON EASEMENT Page 5 10. No dumpsters will be allowed on Oncor right-of-way or fee owned property. 11. Draglines will not be used under the line or on Oncor right-of-way. 12. The existing grade shall not be disturbed, excavated or filled within 25 feet of the nearest edge of any tower. 13. Right-of-way will be protected from washing and erosion by Oncor approved method before any permits are granted. No discharging of water will be allowed within any portion of the right of way. 14. No obstruction shall be installed on the right-of-way that would interfere with access to Oncor structures or prevent mechanical maintenance. 15. Before any work is done under Oncor lines or by Oncor structures notify the Region Transmission Department, 972-564-7050. 16. No hazardous materials will be stored on the right of way. 17. For purposes of this document, "Hazardous Materials" means and includes those substances, including, without limitation, asbestos-containing material containing more than one percent (1%) asbestos by weight, or the group of organic compounds known as polychlorinated biphenyls, flammable explosives, radioactive materials, chemicals known to cause cancer or reproductive toxicity and includes any items included in the definition of hazardous or toxic waste, materials or substances under any Hazardous Material Law. "Hazardous Material Laws" collectively means and includes any present and future local,state and federal law relating to the environment and environmental conditions including, without limitation, the Resource Conservation and Recovery Act of 1976("RCRA"),42 U.S.C.§6901 et seq.,the comprehensive nvironmental Response, compensation and Liability Act of 1980, ("C RCLA"), 42 U.S.C. §§9601-9657, as amended by the Superfund Amendments and Reauthorization Act of 1986 ("SARA"), the Hazardous Material Transportation Act, 49 U.S.C. §6901 et seq., the Federal Water Pollution control Act, 33 U.S.C. §1251, et se..,the Clean Air Act,42 U.S.C. §741 et see., the Clean Water Act, 33 U.S.C. §7401 et seq., the Toxic Substances control Act, 15 U.S.C. §§2601-2629, the Safe Drinking Water Act, 42 U.S.C. §§300f-330j, and all the regulations, orders, and decrees now or hereafter promulgated thereunder. ENCROACHMENT ON EASEMENT Page 6 18. Brush and cut timber will not be piled or stacked on Oncor right-of-way or will not be burned upon or in close proximity to the conductors or towers. 19. No structures or obstructions, such as buildings, garages, barns, sheds, guard houses, etc.,will be permitted on the right-of-way. 20. Landscaping on Oncor right-of-way is permitted when Oncor approves landscaping plans in writing. No lighting or sprinkler systems are allowed on the right-of-way. ENCROACHMENT ON EASEMENT Page 7 When Filed Return To: Patrick Nwakoby EXPLORER Pipeline Company P.O.Box 2650 Tulsa,Oklahoma 74101 ENCROACHMENT AGREEMENT STATE OF TEXAS } } COUNTY OF COLLIN } KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, by instrument dated October 17, 1970, recorded in the Deed Records of Collin County,Texas, GRANTOR, did grant to EXPLORER PIPELINE COMPANY, a Delaware Corporation (herein called "EXPLORER"), a right of way and easement across the land described therein;(herein called"The Property"); WHEREAS, KUMARS POOR YANI (herein called DEVELOPER) has requested permission to construct a driveway across EXPLORER'S 12-inch high-pressure petroleum products pipeline easement. NOW, THEREFORE, in consideration of the premises and the supplemental agreements hereinafter made, EXPLORER does hereby grant permission to construct said driveway on EXPLORER'S 12-inch high pressure petroleum products pipeline easement only insofar as EXPLORER has the right title and interest to grant such permission, subject to the following terms and conditions: 1. EXPLORER'S Area office shall receive written notice at least 48 hours in advance of any construction contemplated near pipeline in order that a field representative of EXPLORER can be present. Please contact EXPLORER'S representative at the office indicated below: Mr. Carlos Denton Greenville Area Manager 2856 County Road 2168 Caddo Mils,Texas 75035 (90A)5274262 2. DEVELOPER hereby agrees to assume the risk of, and shall protect, indemnify, and save harmless EXPLORER during the construction of subdivision from and against all liability for or on account of, injury to or death of persons or damage to property, resulting from DEVELOPER'S construction of the street, except to the degree such injury, death, or damage was caused by the negligence of EXPLORER, its agents, servants, or employees. 3. DEVELOPER shall not permit any machine excavation nor allow heavy equipment to work within 10 feet either side of EXPLORER'S 12-inch pipeline without prior approval of EXPLORER'S field representative. C:\Users\WORKIAppl lLocallTemp\NA 2815 Exchange-2.doc Page 1 of 4 4. DEVELOPER shall include the following warning on all construction prints involving EXPLORER'S Pipeline: "WARNING"!!! EXPLORER'S 12-Inch High-Pressure Petroleum Products Pipeline. Contact Greenville Area Manager, (903) 527- 1262, at least 48 Hours before Any Construction near Pipeline Begins." 5. Any driveways, protective slabs, pavements, sidewalks, landscaping, etc. located within Explorer Pipelines easement that have to be removed for access to pipeline for emergency or maintenance purposes,will be removed and replaced at DEVELOPER'S expense. 6. DEVELOPER will be responsible for any future erosion repairs due to its activities or lack of proper erosion control measures,which result in EXPLORER having to lower its pipeline or take corrective measures to prevent its pipeline from becoming exposed. 7. DEVELOPER shall comply with all applicable requirements listed in form EPL-331, Rev. V"Explorer Pipeline Company Encroachment Specifications",attached. 8. No above ground structures, including power pedestals,transformers, light poles, fire hydrants,valves, storm water catch basins,manholes,parking lots, storage sheds, swimming pools (above or below ground), fences, decking, or patios are to be located within EXPLORER'S pipeline easement. 9. The planting of trees or any other shrubbery within EXPLORER'S easement is strictly prohibited unless specifically stated in the right-of-way agreement/easement. 10. DEVELOPER shall not commence any work, associated with this project within EXPLORER'S easement until notified that EXPLORER has received a copy of this document certified by the County Recorder as having been duly filed for record in the County Records Office. Said copy shall be clearly marked with the record book and page number, and the date and time it was recorded. 11. DEVELOPER agrees to provide a full disclosure of this document with the sale of each lot as this document extends to and is binding upon any and all assigns. 12. DEVELOPER agrees that EXPLORER shall install pipeline markers along pipeline route to identify location of the pipeline. 13. This Agreement will not become valid until it is fully executed by both parties and is filed of record in the respective County records where the encroachment is to occur. Likewise the filed original will be returned to EXPLORER. The terms, conditions, and provisions of this Agreement shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto. C:1UserslWORK\AppDatalLocal Tenip\NA 2 15 Exchange-2.doc Page 2 of 4 IN WITNESS WHEREOF,the parties herein have hereunto set their hands and seals this L 3 day of ,4f/ ,2010. EXPLORER PIPELINE COMPANY DEVELOP 2815 Exchange Patrick A.Nwakoby Project Engineer/R.0. . - � �Yin Name: r c goo Title: DVbt0/7g& STATE OF OKLAHOMA } } ss, COUNTY OF TULSA } BEFORE me undersigned, a Notary Public in and for said County and State, on this I3$ day of , 2010, personally appeared Patrick A. Nwakoby, Project Englneer/R.O.W., known Be to be the identical person who subscribed the name of EXPLORER PIPELINE COMPANY to the within and foregoing instrument, as its Project EngineerlR.O.W., and acknowledged to me that he executed the same as his free and voluntary act and deed of such corporation for the uses and purposes therein set forth. GIVEN under my hand and seal the day and year last above written. till A [SFA ],, 0�; n J l -IM o My Co, ern i ss i , Expires:My Commission Number is: 0.57,0 A l MARY LEE 1HOMS�gpO, Apt�fy Notary , S! !'� M��^o Oklahoma l FBI ou..r,r Com isSLo l 050013939 My C 'i on Expires S ',rebel 2 ,2 0)3 C:1UserslWOR.K\AppData\Local\Temp\NA 2815 Exchange-2.doc Page 3 of.4 STATE of } ss. COUNTY OF .�� BEFORE me, the undersigned authority, a Notary Public in and for said County and State, d of fi r 201 personally appeared r.. rvt. Pc0(2-K:y on this �� ay � _ ..���� � l� � Pp known to me to be the identical person�s� mho executed the within and foregoing instrument, on behalf of as its and acknowledged to me that he executed the same as his free and voluntary act and deed for the uses and purposes therein set forth. GIVEN under my hand and seal the day and year last above written. / [SEAL] g M � iU 9i-y���h M d N�����/µ „z V u; ^Nu N W„ u �, I rci�i�r� rec � ,ra✓'�/m�� .dGe'��W�r mW^�rolw�i wi�m worAJ nus.IW G n m a n�r� ro » My ommission Expires: /(/i'3/20 My Commission Number is: //9 C:\Users\WORK\AppDatalLacal\Temp\NA 2815 Exchange-2.doc Page 4 of 4 Line:D17-4/36 aka VVyliefT36 Collin County 05-04-10-ljr ENCROACHMENT ON EASEMENT WHEREAS,Atmos Energy Corporation ("Atmos") is the owner of an easement in Collin County,Texas,which is recorded in Volume 1256, Page 745 of the Deed Records of Collin County, Texas ("Easement"); and WHEREAS, Kumars Poorkiyani ("Owner");desires permission to construct,operate and maintain an 18 foot driveway and a 4 foot sidewalk("Encroaching Facility"), both crossing at 90 degree angles, across and within the boundaries of the Easement("Easement Area"). NOW, THEREFORE, in consideration of the mutual covenants contained herein,and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,Atmos and Owner do hereby agree as follows: . Location of Encroaching Facility. Owner may locate the Encroaching Facility in the Easement Area as described and shown on the attached drawing, marked Exhibit "A" and incorporated herein. Owner may not relocate the Encroaching Facility within the Easement Area without the consent and approval of Atmos,which consent and approval shall not be unreasonably denied. 2. Restrictions on Use of Easement Area. Owner shall use only so much of the Easement Area as may be necessary to construct, maintain and repair the Encroaching Facility. Owner shall, at its own cost and expense, comply with all applicable laws, including but not limited to existing zoning ordinances,governmental rules and regulations enacted or promulgated by any governmental authority and shall promptly execute and fulfill all orders and requirements imposed by such governmental authorities for the correction,prevention and abatement of nuisances in or upon or connected with said Encroaching Facility. At the conclusion of any construction, Owner shall remove all debris and other materials from the Easement Area and restore the Easement Area to the same condition it was in prior to the commencement of Owner's construction thereon or in proximity thereto. Owner shall not place uoon the Easement Area any improvements, including but not limited to, buildings, parking, light standards, shrubs, trees or signs unless approved in advance in writing by Atmos and as referenced on the attached Exhibit"B". 3. Maintenance of Enro. ching Eacty. Owner,at Owner's sole expense,shall maintain and operate the Encroaching Facility. Atmos will not be responsible for any costs of construction, reconstruction, operation, maintenance or removal of Owner's Encroaching Facility. 4. Risk and Liability. Owner assumes all risks and liability resulting or arising from or relating to Owner's use, the existing condition or location, or existing state of maintenance, repair or operation of the Easement Area. It is further agreed that Atmos shall not be liable for any damage to the Encroaching Facility as a result of Atmos' use or enjoyment of its Easement. Any Atmos property damaged or destroyed by Owner or its agents, employees, invitees,contractors or subcontractors shall be repaired or replaced by Atmos at Owner's expense and payment is due upon Owner's receipt of an invoice from Atmos. 5. Indemnification. Owner agrees to defend, indemnify and hold harmless Atmos,its officers,agents and employees from and against any and all claims,demands,causes of action, loss,damage,liabilities,costs and expenses (including attorney's fees and court costs) of any and every kind or character, known or unknown, ENCROACHMENT ON EASEMENT Page 1 Line D17-4/36 aka Wylie/136 Collin County 05-04-10-1jr fixed or contingent, for personal injury(including death), property damage or other harm for which recovery of damages is sought or suffered by any person or persons, including claims based on strict liability,arising out of or in connection with Owner's actions or omissions or the actions or omissions of its officers, agents, associates, employees,contractors or subcontractors or the actions or omissions of any other person entering onto the Easement Area or the Encroaching Facility, including the negligent actions or omissions of Atmos, when such actions or omissions relate to Owner's use of the Easement Area. 6, Notice. Owner must notify Atmos at tel. 214.536.3278, at least 48 hours prior to beginning any work on the Easement Area. 7, Removal by Aims. If at any time in the future, the Encroaching Facility, in the sole judgment of Atmos, interferes with Atmos' use or enjoyment of its easement rights, Atmos shall have the right to remove said Encroaching Facility. Atmos shall notify Owner in writing that within 90 days the Encroaching Facility must be removed at Owner's sole cost. If at the end of the 90-day period the Encroaching Facility has not been removed,Atmos may remove it, at Owner's expense. Atmos will not be responsible nor will compensation be paid for damages incurred by such removal, including, but not limited to, damages for loss of use of the Encroaching Facility or business interruotion. However, in an emergency, Atmos shall have the right to immediately remove the Encroaching Facility, If the Encroaching Facility is removed, Atmos will not unreasonably withhold consent for Owner to relocate the Encroaching Facility within the Easement Area, 8. Default and Termination. It is understood and agreed that, in case of default by Owner or its agents in any of the terms and conditions herein stated and such default continues for a period of ten (I 0) days after Atmos notifies Owner of such default in writing, Atmos may at its election forthwith terminate this agreement and upon such termination all of Owner's rights hereunder shall cease and come to an end. This agreement shall also terminate upon the abandonment of the Encroaching Facility, This agreement shall extend to and be binding upon Owner and its[heirs,]successors and assigns,and is not to he interpreted as a waiver of any rights held by Atmos under its Easement. APPROVAL: Atmos Energy Corporation " By IØt/ Name: Jeffrey S. Knights Title: Vice President Operations, Mid-Tex Division ( ENCROACHMENT ON EASEMENT Pau 2 Lino:Di 7-4/36 aka Wylie/136 Collin County 05-04-10-Ijr STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Jeffrey S. Knights,Vice President of Operations, Mid-Tex Division,Atmos Energy Corporation, a Texas corporation, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purposes and consideration therein expressed, in the capacity therein stated, and as the act and deed of said corporation. GIVEN UNDER Y HAND AND SEAL OF OFFICE, this the :;3141, day of ot, A.D., 2010. 1"41, ekt4:t ..t.es CHARLENE DAVIS Notary Public State of Texa 0,,Pdo1/4„ My Cornmismort Expires Notary Public in and for ti e State of Texas Fohruary 15,, 2013 ;I My Commission Expires'''. - Print Name 0.\10,,r. e vA r 1.1v ACCEPTANCE: Kumars Poorki Signature STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned authority, a.Notary Public in and for the State of Texas, on this day personally appeared 1(sure%os,r5 Pborki yooro known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, on this the day of It-ON M°1 , A. D. 2010, y S RUBB \sv, ir. Notary Public in and for the State of Texas ""mms My Commission Exp,ites: 0 Print Name : (40,01 ENCROACHMENT ON EASEMENT Page 3 r !w *N ,r q'. ,may d+^' y ,�''" ,�+�° ,r^�+� S... .m..mm..m .m�mmm,roe».'w;J C Sel W1 C, 1.. 'C M, n.+.s r, R r M 'w Fhn....m L „ Q . ° M d m,. 41—, 1„d u ;;;. ^ ., ,° H,, ".,:, n I..,..,° .^ , , .. ^.. ,- ,, r . r M ■ am° � I i w ! .�' a , — I ' ;�.m °� „ . kJ k 0 7 . • ',7 I LL 1 (m) . , , Z . .,1 . , _ . 0 it II El„, r, w� 'I.: —1 ./ —1.1 rot 1 , ^ VY _ „. 1. ' �II12,11 . G , , ,µ �„ i mow'" �:mn.�m �...—. m�. _..,,,,,, �....,,,_, �. ' l 73 •w ^ m� W", a w I � •, j">'' i i 6 —d. , ,,„„! ,_; „_,— .,...; ,.,„ I i „.,.n ., ,0.,.„, , e ' ° N 19 '� m,m , r C — IP W A N ,w M �r d b'v."V� p ! i.mmmm. m 9 1' n r Ap _n"�r ^ °w g? M ..� . ,„�,. „.a n i w ,P- Y M. 'w 6,. , g • (R) ,1 II, w� ,m ti,� ,� 'h w �m^ ;ti r w - ' .' w �' r / m 0 ,w p Y r. w, w' rw �d K yy , i ilk � ww= � id ! i l w ru , w r "y a , d Y . ° q „ ° .. �°,1'I' �.�.g ` I C , , 9' r" O Y.,w u, LNC.C. l ' in -' y1 uuww �nll�,l i. if! W I " f CONCEPT SITE PLAN ...... 1". ,BETTERDESIGN..,RESOURCES' LOT 44BLOCKC REGENCY BUSINESS P'1It H I ' ' a c,, 211,E CE r.N F,CITY OF WYLIE, OL'L1 COLS",,U ,A75,09S BOX ,, .. 1 rd�EO''2-211-17.E-6i 'Y,5,,1 F:Ci ,.'°.0..1;. 14.7.,cEs ,M Line:D17-4/36 aka Wylie/TM Collin County 05-04-10-ljr EXHIBIT ha' CONSTRUCTION RESTRICTIONS ON ATMOS EASEMENT 1. Blasting shall not be permitted on the easement. 2. User's grading will be done in order to leave the Atmos right-of-way in as good or better condition as existing. Spoil dirt will be removed from the right-of-way and no trash is to be left on the right-of-way. Slopes shall be graded so that trucks can access the right-of-way when required and such that slopes can be mechanically maintained. 3. Grading alignments and elevations are based on drawings submitted to Atmos.Any change in alignment or elevation must be resubmitted for approval, which approval shall not he unreasonably withheld. 4. Atmos right-of-way will be protected from washing and erosion during User's construction and/or repairs. 5. Equipment and materials will not be stored on the right-of-way during User's construction without the prior written approval of Atmos, as noted in the Encroachment on Easement agreement. 6. Atmos will not be responsible for damage to any allowed encroachments. 7. Atmos reserves the right for future uses of this right-of-way, including but not limited to, ingress and egress, constructing, reconstructing, removing, relocating, maintaining, operating, etc., of any of its facilities at no cost to Atmos. 8. At no time may any cover be removed from the easement or right-of-way without the prior written approval of Atmos Energy and in no case shall cover over Atmos Energy's facilities be reduced to less than 36 inches.Atmos Energy may require that an Atmos Energy representative be on site during excavation and construction of the crossing. Any excavation performed by a third party within 36 inches horizontally of Atmos Energy's facilities must be performed using hand tools or other methods approved by on-site Atmos Energy personnel. Placement of additional cover over the easement or right-of-way is permitted as long as total cover over Atmos Energy's facilities does not exceed 72 inches. Any cover placed over Atmos Energy's facilities must be clean and free of foreign debris such as rocks larger than one-half inch (in any dimension),waste concrete chunks and metal scraps. Use of construction or heavy equipment over Atmos Energy facilities shall be evaluated by Atmos Energy prior to use to determine if additional cover or other protective measures over Atmos Energy's facilities is required. No excavation or other construction is permitted adjacent to the easement or right-of-way or near Atmos facilities that would threaten the integrity of the facilities, including producing or contributing to the loss of lateral support. 9. Mechanical excavation (and/or compaction) including potholing is not allowed within three (3) feet horizontally and two (2) feet vertically from Atmos' facilities. Excavation and/or compaction closer than three (3)feet horizontally or two (2) feet vertically from Atmos' facilities must be done by hand. 10. Contact Atmos' representative Joe Cabezuela at 214.536.3278 at least 48 hours before working in easement. ENCROACHMENT ON EASEMENT P.ge 4