12-17-2001 (Zoning Board of Adjustment) Agenda Packet AGENDA
Zoning Board of Adjustment
City Council Chambers - Wylie Municipal Complex
2000 Highway 78 North, Wylie, Texas 75098
Monday, December 17, 2001
7:00 p.m.
CALL TO ORDER
CITIZEN PARTICIPATION
CONSENT AGENDA
1. Consider and act upon approval of the Minutes of the November 26, 2001 Meeting.
PUBLIC HEARINGS
1. ZBA No. 2001-07. Hold a public hearing to consider and act upon a request by
Hanif Akuly for the following variances of the City of Wylie Zoning Ordinance in
order to allow continuation of operation of a motor vehicle fueling center at 503 State
Highway 78 at West Kirby Street, and being Tract 5 of the E.C. Davidson Survey,
Abstract No. 267, City of Wylie, Collin County, Texas.
a. Section 18.3(1)(a) — variance of the front yard building setback from the
required 20 feet to 19 feet
b. Section 18.3(1)(b) — variance of the side yard building setback from the
required 10 feet to 3 feet
c. Section 18.3(1)(c) — variance of the rear yard building setback from the
required 20 feet and an alley to 5 feet and no alley
d. Section 25.2(7) — variance of the setback of gas pumps from the front
property line from the required 18 feet to 7 feet
e. Section 24.3(15) —variance of off-street parking from the required 10 required
for the retail store and 4 required for the gas pumps to 4 total
This item was tabled at the November 26, 2001 meeting of the Board in order to allow
the applicant time to provide additional information to the Building Official concerning
the maintenance of the legally nonconforming status on the property.
Posted Friday, December 14, 2001 at 5:00 p.m.
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 442-8100 OR TDD AT 442-8170.
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December 17, 2001
Regular Business Meeting
AGENDA
Zoning Board of Adjustment
City Council Chambers - Wylie Municipal Complex
2000 Highway 78 North, Wylie, Texas 75098
Monday, December 17, 2001
7:00 p.m.
CALL TO ORDER
CITIZEN PARTICIPATION
CONSENT AGENDA
1. Consider and act upon approval of the Minutes of the November 26, 2001 Meeting.
PUBLIC HEARINGS
1. ZBA No. 2001-07. Hold a public hearing to consider and act upon a request by
Hanif Akuly for the following variances of the City of Wylie Zoning Ordinance in
order to allow continuation of operation of a motor vehicle fueling center at 503 State
Highway 78 at West Kirby Street, and being Tract 5 of the E.C. Davidson Survey,
Abstract No. 267, City of Wylie, Collin County, Texas.
a. Section 18.3(1)(a) — variance of the front yard building setback from the
required 20 feet to 19 feet
b. Section 18.3(1)(b) — variance of the side yard building setback from the
required 10 feet to 3 feet
c. Section 18.3(1)(c) — variance of the rear yard building setback from the
required 20 feet and an alley to 5 feet and no alley
d. Section 25.2(7) — variance of the setback of gas pumps from the front
property line from the required 18 feet to 7 feet
e. Section 24.3(15) —variance of off-street parking from the required 10 required
for the retail store and 4 required for the gas pumps to 4 total
This item was tabled at the November 26, 2001 meeting of the Board in order to allow
the applicant time to provide additional information to the Building Official concerning
the maintenance of the legally nonconforming status on the property.
Posted Friday, December 14, 2001 at 5:00 p.m.
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 442-8100 OR TDD AT 442-8170.
r
Cy of Wylie
Public Hearing Item No. 1
ZBA No. 2001 -07
Zoning Board of Adjustment Public Hearing: December 17, 2001
Tabled November 26, 2001
Owner/Applicant: Hanif Akuly
Location: 121 North Ballard Street, being Lot 1A, Block 1, of
Keller's First Addition
Request: Variance of Section 18.3 of the Zoning Ordinance for
reduction in the required front, side and rear yard
building setbacks, variance of Section 25.2 of the
Zoning Ordinance for reduction in the required
setback of gas pumps, and variance of Section 24.3
of the Zoning Ordinance for reduction in the required
off-street parking
Background:
This item was tabled at the November 26, 2001 meeting of the Board in order to allow
the applicant time to provide additional information to the Building Official concerning
the maintenance of the legally nonconforming status on the property. At the time of this
posting, no additional information had been provided, and the following report is
identical to that provided and considered at the November 26 Board meeting.
1. In 1996, the State Department of Transportation purchased portions of the subject
property, occupied by the Conoco convenience retail store with gas fueling pumps,
for right-of-way for improvements to State Highway 78. This same action
compensated the owner for damages to the property and losses to the business
caused directly or indirectly by the S.H. 78 improvements. This calculation of
damages and compensation was based on the conclusion that "the fuel storage
area had been rendered unusable and that access to the gas pumps had been
ZBOA 2001-07
substantially impaired and all items associated with gasoline sales" were
compensated. It was further concluded that "the convenience store could not
survive without gasoline sales" so the owner was compensated "100% for the
building improvements and all site improvements". $232,880 was paid to the owner
as compensation for all site improvements and loss of operations. The owner
refused an increased financial offer to purchase the land as well.
2. The subject property has never been platted as an official lot of record, and the
building and gas pump islands apparently did not comply with current development
codes when purchased by the State for S.H. 78 improvements.
3. The applicant now wishes to reopen the abandoned facilities in order to continue
operations of the convenience store and gas pumps. The requested variances are
required in order to comply with development codes and obtain a certificate of
occupancy.
4. When the subject property was financially damaged out, it was zoned Business — 1
(B-1) District. On November 13, 2001, the City Council adopted a revised Zoning
Ordinance and Official Zoning Map, rezoning the property to the new Commercial
Corridor (CC) District from the previous B-1 District. The subject request for
variances was submitted and accepted for review while the B-1 zoning classification
and requirements were in force.
5. Section 18.3(1)(a) of the previous Zoning Ordinance requires a front yard of not
less than 20 feet in the B-1 District. The building is currently setback 19 feet from
the front (S.H. 78) property line.
6. Section 18.3(1)(b) of the previous Zoning Ordinance requires a side yard of not less
than 10 feet in the B-1 District. The building is currently setback 5 feet from the
south (Kirby Street) property line and 3 feet from the north (adjacent to Subway)
property line.
7. Section 18.3(1)(c) of the previous Zoning Ordinance requires that a dedicated alley
be provided to the rear of each lot as well as a rear yard setback of not less than 20
feet in the B-1 District. The building is currently setback 5 feet from the rear
property line and no alley is provided.
8. Section 25.2(7) of the Zoning Ordinance requires that gas pumps be set back 18
feet from the front property line within all districts. The gas pumps are currently 7
feet from the front (S.H. 78) property line.
ZBOA 2001-07
9. Section 24.3(28) of the Zoning Ordinance requires one off-street parking space for
each 200 square feet of gross floor area for retail uses (or 10 spaces for the 2,000
square feet convenience store) and 4 parking spaces for gasoline stations within all
districts. The site will support no more than 6 parking spaces, and these with
inadequate access and maneuvering lanes or customers as well as service and
supply trucks. On-site circulation and parking will be located over fule tank
openings.
10.Section 32.3(e) of the Zoning Ordinance provides that the Zoning Board of
Adjustment may permit a variance to the requirements of the development code
where there are unusual and practical difficulties or unnecessary hardships in the
carrying out of these provisions due to an irregular shape of the lot, topographical or
other conditions, provided such variance will not seriously affect any adjoining
property or the general welfare. However, said section does specifically state that
in order to grant a variance, the following conditions shall be documented:
a) That special conditions and circumstances exist which are peculiar to the land,
structure or building involved and which are not applicable to other lands,
structures, or buildings in the same district.
b) That literal interpretation of the provisions of this ordinance would deprive the
applicant of rights commonly enjoyed by other properties in the same district under
the terms of this ordinance.
c) That the special conditions and circumstances do not result from the actions of the
applicant.
d) That granting the variance will not confer on the applicant any special privilege that
is denied by this ordinance to other lands, structures, or buildings in the same
district.
e) No nonconforming use of neighboring lands, structures, or buildings in the same
district and no permitted use of lands, structures, or building ins other districts shall
be considered grounds for the issuance of a variance.
f) Financial hardship shall not be considered grounds for the issuance of a variance.
Considerations:
1. Public Comment Forms were mailed to thirteen (13) property owners within 200 feet
of this request. Two Comment Forms have been returned, one FAVORING the
proposal and one OPPOSSING the proposal.
ZBOA 2001-07
2. When negotiating for portions of the property for S.H. 78 improvements, the State
compensated the owner/applicant for all physical improvements on the property and
for the value of the operations which those improvements once supported. It was
the intent of this action that the physical improvements such as building and
gasoline tanks and islands be removed to allow the property to be redeveloped in a
manner which complied with current codes.
3. The subject property has apparently always been too small to accommodate the
convenience store and gas pumps of the size which once operated on the site, as
well as their required access and parking, and the loss of a portion of the property
for the improvements to S.H. 78 have exacerbated this limitation to the point which
no longer supports operations of such scale. Even if sufficient parking spaces can
be provided, limited access/egress and on-site circulation will hinder the success of
retail uses on the small independent site.
4. The requested variances are not consistent with the existing setbacks and parking
arrangements of neighboring properties along S.H. 78. The subject property can
best be developed in coordination with adjoining properties which allow a larger,
unified development concept.
Financial Considerations:
Application fee - Paid
Attachments:
Location Map
Variance Request Application
Applicant's Request for Tabling
Appraisal Of Value In Support Of Compensation for Acquisition of Property for S.H. 78
Site Plan Illustrating Previous and Current Limits of Site with On-site Dimensions
Applicant's Site Plan Illustrating proposed Parking
Notification List and Map with Response Forms
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ZONING BOARD CASE #2001 -07
NOTIFICATION REPORT
APPLICANT: Hanif Akuly APPLICATION FILE # ZBA 2001-07
13447 N.Central Expwy Dallas, Tx. 75243
# BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS
Applicant 13447 N.Central Expwy
Hanif Akuly Dallas,Texas 75243
1 114 W. 11 th Street
2 Abst.267 Tract 34 R-6267-000-0340-1 Kansas City Southern Railway Co. Kansas
S City, MO 64105-1829
1131 Drive 2
3 Abst. 267 Tract 5 R-6267-000-0050-1 Khalid &Hanlf Corp etal ArlingtSycamoreon,
Texas76006-7064
treet#1
4 Abst 820 Tract 24 R-6820-000-0240-1 McDaniel Enterprises, Ltd. Mineola,Texas
Sycamore 75773-2065
Street#
5 Abst 820 Tract 25 R-6820-000-0250-1 McDaniel Enterprises, Ltd. Mineola,Texas 75773-2065
Martinez #3 907 E.Stone Road
6 Blk A Lot 6 R-4620-00A-0060-1 Charles Harrison Wylie,Texas 75098
Martinez #2 ,1 2121 Quail Run Road
7 Blk A Lot 2 &3B R-2570-00A-0020-1 A ` Henry Martinez Wylie,Texas 75098
Martinez #2 V(U' Improvements P.O.Box 220
8 Bik A Lot 2 R-2570-00A-0021-1 1, McCraw OII Company Bonham,Texas 75418
Martinez #2 205 El Paso Sheet
9 Blk A Lot 3A R-2570-00A-0030-1 Mark Kerr Denton,Texas 76205
Holiday Terrace P.O. Box 54
10 Blk 1 Lot 1 R-1163-001-0010-1 Geneva Schultz Wylie,Texas 75098
Holiday Terrace
802 MardI Gras
11 Blk 1 Lot 2 R-1163-001-0020-1 Pete Hernandez Wylie,Texas 75098
Moussa Switzer 1601 N.Central Expwy.
12 --- Lot 1 R-2384-000-0010-1 Switzer Family Limited Partner Plano,Texas 75086
Texas Dept.of Transportation P.O. Box 90
13 --- S.H. 78 BIll Lovil, P.E. McKinney,Texas 75069
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PUBLIC COMMENT FORM
(Please type or use black ink)
Planning Department
2000 Highway 78 North
Wylie,Texas 75098
I am FOR the requested variance as explained on the attached public notice for ZBA Case
#2001-07.
I am AGAINST the requested variance as explained on the attached public notice for ZBA
7
Case#2001-07.
Date, Location&Time of
Zoning Board of Adjustment meeting: Monday,November 26,2001, 7:00 pm
Municipal Complex,2000 Highway 78 North, Wylie,Texas
Name: K£V;r) S cnni-II
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APPLICATION - REQUEST FOR VARIANCE OR APPEAL
ZONING BOARD OF ADJUSTMENT
CITY OF WYLIE
DATE: l C- I � 67'
I, the undersigned owner or authorized agent of the following described real property located in the City of Wylie,Texas,
hereby make application for a request for a variance from the terms of section of
the City of Wylie Zoning Ordinance.
LOCATION OF PROPERTY
Street Address: 1j'h 5 — • 11 C�-tE'�t� � •it �DcJar
Qds-t" Ti ubdivision/Abstract .6. ► a,v, ( ✓.'yv►•'
Legal Description: Lot/Tract � 5� ,Block ,of S
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REQUEST: (If there is additional information which you feel would be helpful to the Board in making a decision,be sure to
include this information in your request. If additional space is required to explain your request,please attach the explanation
to this application.) L
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A non-refundable application fee of$100 is required at the time of application.
For a variance to be granted by the Board of Adjustment,the Board must determine that all of the following conditions apply:
(a) That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not
applicable to other lands,structures,or buildings in the same district.
(b) That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other
properties in the same district under the terms of this ordinance.
(c) That the special conditions and circumstances do not result from the actions of the applicant.
(d) That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other
lands,structures,or buildings in the same district.
(e) No nonconforming use of neighboring lands,structures,or buildings in other districts shall be considered ground for the issuance of a
variance.
(f) Financial hardship shall not be considered grounds for the issuance of a variance.
I have read this application packet and understand that filing the application and paying the fee does not guarantee an
affirmative action by the Board of Adjustment. I further understand that at least four(4)affirmative votes must be cast
in order to receive a variance.
\Sr ature of 'cant Yrint Name wL.X fo_ r%5�
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Staff Member's Signature Date Receipt Number
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OHT Form D-15-10, Page 2 of 2
(Rev. 6-85) (DO NOT COMPLETE THIS SIDE ON C(TYLCOUNTy�S p1)
DISTRICT RECAPITULATION AND COMMENT SHEET
RECOMMENDED
APPRAISER'S NAME Wall VALUE
VALUE OF WHOLE PROPERTY $232,880 • $232,880
AREA OF PARCEL 2358
VALUE FOR PARCEL (3.75) (3.75)
Land: Per SF 8,843 8,843
Easement
•
Improvements 14,838 14,838
Net Damages or (Enhancements) 176,724 176,724
Sign Value(s)
TOTAL COMPENSATION $200,405 $200,405
COMMENTS AND CONCLUSIONS ON VALUES AND VARIATIONS WITHIN THE APPRAISAL REPORTS
The subject parcel is a convenience store/gas station located at the intersection of SH 78 and Kirby Street in Wylie. Mr. Wall was
provided the amount of proposed acquisition of this parcel located in Kirby Street right of way; however, he estimated the amount
of the remainder located in the public street right of way. There was a limited number of sales comparables located within the City
of Wylie, especially along SH 78. Mr.Wall located those that he thought comparable and made large adjustments. The subject size
is zoned for commercial/retail use although it is small for such development.
Due to one fuel tank being the acquisition area, Mr. Wall found the fuel tank storage area to be rendered unu le. Relocation was
not feasible due to lack of space. In addition, the interior site access to the gasoline pumps will e substantially impaired as a res.:lt
of the proposed ROW. Mr.Wall damaged out all items_associated with gasoline sales due to impaired usability after the take. Since
he was of the opinion that the convenience store could not survive without gasoline sales, he also depreciated_100% the building
improvements and all site improvements.
Mr. Wall's value of compensation is recommended.
1�1STIFICATION AND EXPLANATION FOR CREDIT IF RETAINED
The salvage value for all items is the retention value.
FOR O.16 USE ONLY
Reviewing App«see Approval
District Reviewing Appraiser's Statement VW.on Pape 1 of the form a my option of vdve tar the petal and woo re+Q'od rdepedre'
The recommended valve on this form ie my opinion of value for the parcel lord woo reached bwod on ppraisda and oche .teal dote irdhdvb the Oatriatreve-wd•inspection rrayfe
independently
ound based on lope«e ale and other made a data without in her•ciao or direction. An
.rd ioco n me d.tion rd on die Pond knowtodQe and without collaboration or dice- I M"
on the ground inspection of the prul ww made lord tempt ables in the area wet•inspected. I no drect or 4td+eet Pear[or eeser*hd.tad lute•pesorhd interest in halt or •..3+pr le be v.eG
h no direct indirect Pre rs ta r
t or contemplated tutors peon l interest in such property or in benefit from the soatian of tfe pod. It ia my vdest•r.rtg that the Par eye
any benefit from the.ceasition of the parcel. To the bat of my knowledge,the value does not correction with•Fodord•Aid Right of Way Mphw.y Project To the best of my kno+h••SOe•
{nclud• any harru which are compere able trader the Sote low but are not arpibk for Federal valve don not i+dh+de any items wlich are cornpee•ble tide`the State low but re not ectb.
reimbvrsarteeert. � for Foderd ren* n,.r, est.
"-Q2�i_�'—r at- !--_� � 0— S 6
Date
District Reviewing Appraiser Date 0•15 Re rag Appraiser
PUBLIC COMMENT FORM
(Please type or use black ink)
Planning Department
2000 Highway 78 North
Wylie,Texas 75098
X, I am FOR the requested variance as explained on the attached public notice for ZBA Case
#2001-07.
I am AGAINST the requested variance as explained on the attached public notice for ZBA
Case#2001-07.
Date, Location&Time of
Zoning Board of Adjustment meeting: Monday,November 26,2001, 7:00 pm
Municipal Complex,2000 Highway 78 North, Wylie,Texas
Name: M . HANIFAi<ULY C/0 kHCf SI T
(please print)
Address: 6j(j 3 J , vv 7 g
TX 75-0c? g
Signature: /
Date: t / 6 r (") '
COMMENTS: ((
__AS \Dia _ ( Q,VoL
M57 Ci col( .Vm,Y1 tkiL. Seio?sNia4 cqC_QI
btu 10_A
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hitil,KL.h
'� -���1Suc) - ,k a k Aaj-t6"L,ti
ROBERT J. ROCKETT
ATTORNEY AT LAW
1719 COMMERCE BUILDING
307 WEST SEVENTH STREET
FORT WORTH,TEXAS 76102
(817)332-2434
FAX(817)332-2437
December 17, 2001
Via Telefax (972) 442-8115
and Regular Mail
City of Wiley
Attn: Claud Thompson, Planning Department
2000 Highway 78 North
Wylie, Texas 75098
RE: ZBA No. 2001-07
Location- 121 North Ballard Street,being Lot 1 A,Block 1,of Kellers First Addition.
Dear Mr. Thompson:
As per our earlier conversation, I represent Khalid and Hanif Corp., with respect to the
Location. Attached to this letter is a copy of an electric service bill for the Location which indicates
that electric service was provided to the Location through June of 2001, and confirms that the
business conducted at the Location was open through that same date. This documentation
establishes that my client's reopening of the Location in August of 2001 was within the six month
period provided by City of Wiley ordinance.
Also, the agenda for the ZBA hearing originally scheduled on November 26, 2001, made
reference to the conclusions of an appraisal dated July 10, 1996. However, the compensation that
my client received was determined by an Award of Special Commissioners(the"Award")in the case
styled The State of Texas v. Kahlid and Hanif Corporation d/b/a KHC Food Mart Number One, et
al, Cause No. 2-548-96, in the County Court at Law Number Two of Collin County, Texas, dated
February 27, 1997. A copy of the Award is also enclosed. The Award provided that damages were
determined and assessed according to the rules of damages set forth in Section 21.042 of the Texas
Property Code. That law provides that special commissioners shall determine damage to the
property owner after estimating the extent of the injury and benefit to the property owner,including
the affect of the condemnation on the value of the property owner's remaining property. However,
the special commissioners made no specific finding that the fuel tank storage area at the Location
would be rendered unusable by the taking, or that the convenience store at the Location could not
survive without gasoline sales. The Award does not support the conclusion that those items were
included in the damages awarded by the special commissioners.
[ [jDEC 202001
By
City of Wiley
Attn: Claud Thompson,Planning Department
December 17,2001
Page 2
A copy of the electric bill has been provided to Dale Jackson, in the City of Wylie Permits
Department. Unfortunately, Mr. Jackson continues to maintain that my client must obtain a new
certificate of occupancy to reopen the Location. However,my client requests that the City of Wiley
provide confirmation that it is not requiring my client to obtain a new certificate of occupancy to
reopen its business.
Thank you for your attention to this matter. You may call me at the number shown above
if you have any question or comment about the foregoing.
Sincerely,
Robert J. Rockett
Encl.
cc: Dale Jackson(via telefax (972) 442-8154)
RJR/Akuly/1006.1tr
_
avYlt .Lv iICI
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1 1 1 1 1 1 a PPVIIIIIMOI F charge Factor for Metered kwh 0.0048 per kwh
>f� 11 • , yJFMAK4
2001
The weraga d.ily high temperature during 1
this billing •- •1• was e7";*storage dsfty
high temps during Ma Yams hlutng
period at ,wu er. F :letance: Business Support v :rater
row■votege ty MaotrIcai cost wee ss,bs. 1•817-21O-3?Z2 b '�I pport'(' xu.cOm
ter„i Not SE HABI.A E8PAN
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'77--—y/ / r
Paul E. Williams, P.E.
Area Engineer
PEW;pw
cc: A.E. (Williams)
F.O. (McCormick/Walker)
An Equal Opportunity Employer
Nov29 01 09: 58p ARLINGTON MASJAD 817 801 7000 p. 1
PROJECT: 8018-1-97
PARCEL: 35
NO. 2-548-96
THE STATE OF TExAS § CONDEMNATION PROCEEDING FILED
V. § IN THE COUNTY COURT AT LAW
§ NO. TWO
KHALID AND HANIF CORPORATION, §
D/B/A KHC FOODMART#1, ET AL. § OF COLLIN COUNTY, TEXAS
AWARD OF SPECIAL COMMISSIONERS
On this the 27th day of February, 1997, In the Collin County Courthouse, 210 S.
McDonald, McKinney, Texas 75609, , situated in McKinney, Texas, the above-styled cause
came on to be heard before the undersigned, three disinterested freeholders of Collin County,
Texas, heretofore appointed as Special Commissioners by the Judge of the County Court At
Law No. Two of Colilin County, Texas to assess the damages caused by this condemnation
proceeding, and came the Plaintiff, the State of Texas, represented by the Attorney General of
Texas, and came also the Defendant(s), represented by counsel, and both sides having
announced ready, the Special Commissioners proceeded to hear evidence and arguments of
the parties and made the following findings:
That on the 22nd day of October, 1996, the State of Texas, acting by and through the
Texas Transportation Commission as Plaintiff, filed a written Petition herein wherein upon the
facts and for the purposes therein stated, it seeks a decree of condemnation vesting in said
Plaintiff the fee simple title in and to the hereinafter-described property, but providing that
there is excluded from said estate to be condemned all the oil, gas and sulphur which can be
removed from beneath said real property without any right whatever remaining to the owner(s)
of such oil, gas and sulphur of ingress or egress to or from the surface of said real property for
the purpose of exploring, developing, drilling or mining of the same, all as provided by Title IV
Nov 29 01 09: 58p ARLINGTON MASJAD 817 801 7000 p. 2
of the TEX. TRANSP. CODE ANN. (VERNON 1995), which property is situated in Collin County,
Texas, and is described in Exhibit "A" attached hereto and incorporated herein for all
purposes.
II.
That upon consideration of said written Petition so filed by the said Plaintiff, the Judge
of the County Court At Law No. Two of Collin County, Texas, did, on the 5th day of
November, 1996, appoint Michael Strasser, Marvin Fuller and Don Light, three disinterested
freeholders of Collin County, Texas, as Special Commissioners to assess the damages
caused by the condemnation of said property and property rights.
III,
That thereafter said Special Commissioners duly qualified as such, each taking the oath
prescribed by law, which oaths are on file with the papers in this cause_
IV.
That after having so qualified, said Special Commissioners on the 21st day of January,
1997, by written order bearing said date, designated and appointed the 27th day of February,
1997, at 9 o'clock a.m., at the Collin County Courthouse, 210 S. McDonald, McKinney, Texas
75609, McKinney, Texas, as the date and place for hearing said Petition and parties, said date
being the earliest practicable time and such place being the county seat of the county in which
the property is situated.
V.
That on the 21st day of January, 1997, said Special Commissioners issued written
notice of such date and place of hearing, and the Defendants, Khalid and Hanif Corporation, a
Texas Corporation, d/b/a KHC Foodmart #1, Fee Owner; and Heller First Capital Corporation,
Lienholder, wore duly served with notice and notified in the manner provided by law of such
hearing and the time and place thereof.
Award of Commissioners-Page 2
Nov 29 01 09: 59p ARLINGTON MASJAD 817 801 7000 p. 3
VI.
That on the 27th day of February, 1997, said Special Commissioners did convene and
the following named parties appeared in person or by their attorneys: The State of Texas,
represented by the Attorney General of Texas, Khalid and Hanif Corporation, a Texas
Corporation, d/b/a KHC Foodmart #1, Fee Owner; and Heller First Capital Corporation,
Lienholder, announced ready for such hearing, and said Special Commissioners proceeded to
hear evidence as to the damages which will be sustained by the owners, by reason of the
condemnation of the property and, after hearing and considering such evidence, said Special
Commissioners did find and determine and accordingly assess damages to be paid by the
State of Texas for this Condemnation according to the rules of damages set forth in
SECTION 21.042 of the PROPERTY CODE OF TEXAS, in the total amount of:
Tw 0 14VNt R eD Fj FT y - 5 I X 7-Ho v.s - -DOLLARS
($ , 000 • 0 0 )jointly to:
Khalid and Hanif Corporation, a Texas Corporation, d/b/a KHC Foodmart#1, Fee Owner; and
Heller First Capital Corporation, Lienholder.
RENDERED this the r9 / day of �-e bRu /Z(( , 1997.
AdAti,7
Mich I Strasser
Marvi uller
Don Light
SPECIAL COMMISSIONERS
The costs of this proceeding are adjudged against the State of Texas. Such costs are
to be paid to the County Clerk of Collin County, Texas/ eic4 Pt -Fees d"r✓ C.►s,w,'
The costs which have accrued to date are as follows: �'e r�"`�
Award of Commissioners-Page 3
Nov 29 01 09: 59p ARLINGTON MASJAD 817 801 7000 p. 4
Fees due Special Commissioners as set by the Court.
$ to Michael Strasser
$ to Marvin Fuller
$ to Don Light
The Clerk of this Court is hereby ORDERED to notify all parties or their attorneys of
record, as listed in Exhibit"B" attached hereto, of the filing date of this Award by certified mail,
return receipt requested, at their addresses.of record pursuant to SECTION 21.049, TEXAS
PROPERTY CODE.
The foregoing decision and Award was filed with me this the 27th day of February,
1997.
JUDGE, County Court At Law No. Two
of Collin County, Texas
Award of Commissioners-Page 4
Nov 29 01 09: 59p RRLINGTON MRSJRD 817 801 7000 p. 5
EXHIBIT "A"
parcel 35 Page 1 of 2
Collin County ACC: 8018-1- 97
S.H. 78 CSJ: 0281-02-
From: Dallas County Line D-15-14
To : North of FN 544 May 29, 1992
BEING 3,288 square feet or 0.0755 acres of land, more or
less, situated in the City of Wylie and in the E.C. Davidson
Survey, Abstract Number 267, and in the S.B. Shelby Survey,
Abstract Number 820, Collin County, Texas, and being•_,a part
of the land conveyed to Roadside Station:, Inc_, by deed as
recorded in Volume 1927, Page 423, Deed Records of Collin
County, Texas; said 3,288 square feet or 0.0755 acres of
land being more particularly described by metes and bounds
as follows:
COMMENCING at an iron rod in the wectexn lot line of Lot 2A
of Hausa-Switzer Addition, an addition to the City of Wylie,
Texas, as recorded in Cabinet G, Page 414, Plat Records of
Collin County, Texas;
THENCE North 37 degrees 41 minutes 18 seconds West along
said western lot line for a distance of 234.81 feet to a
point being the northwest corner of Lot 2A of said
Mousse-Switzer addition in the existing southern right of
way line of State Highway 78;
THENCE South 52 degrees 18 minutes 42 seconds West along
said existing southern right of way line for at distance of
140.05 feet to the northwest corner of Lot 1 of said
Moussa-Switzer addition in the eastern property line of a
tract of land conveyed to McDaniel Enterprises, Inc., by
deed as recorded in Volume 965, Page 495, Deed Records of
Collin County, Texas, in the new southern right of way of
State Highway 78;
THENCE South 52 degrees 18 minutes 42 seconds West along
said new southern right of way line for a distance of
248.50 feet to an "X" cut in the common property line of
said Roadside Stations tract of land and said McDaniel
Enterprises tract or land, said "X" cut being the POINT OF
BEGINNING;
THENCE continuing along said new southern right or way line
of State Highway 78 as follows:
(1) South 52 degrees 18 minutes 42 seconds West for
a distance of 81.13 feet to an "X" cut at an angle
point;
Nov 29 01 09: 59p RRLINGTON MASJRD 817 801 7000 p. 6
• EXHIBIT "A"
Parcel 35 Page 2 of 2
Collin county ACC: 8018-1-97
S.H. 78
From: Dallas County Line 0281-02-
D
To North of Fs 544 -15-14
May 29, 1992
(2) South 07 degrees 18 minutes 25 seconds East for
a distance of 28.98 feet to an MX" cut at an angle
point;
(3) South S2 degrees 18 minutes 42 seconds West for a
distance of 69.76 feet to a point in the western
property line of said Roadside Stations tract of land
and in West Kirby Street, a public road;
(4) THENCE North 87 degrees 30 minutes 18 seconds West
along the eastern property line of said Roadside
Stations tract of land for a distance of 46.50 feet to
the northwest corner of said Roadside Stations tract
of land in the existing southern right of way line of
State Highway 78;
(5) THENCE North 52 degrees 18 minutes 42 seconds East
along said existing southern right of way line for a
a distance of 201.07 feet to a point being the
northeast corner of said Roadside Stations tract of
land and being the northwest corner of •said McDaniel
Enterprises tract of land;
(6) THENCE South 37 degrees 41 minutes 18 seconds East
along the common property line of said Roadside
Stations tract of land and said McDaniel Enterprises
tract of land for a distance of 5.00 feet to the POINT
OF BEGINNING, and containing an area of 3,288 square
feet or 0.0755 acres of land, of which 930 square feat
or 0.0214 acres of land are in a public road leaving
a net area of 2,358 square feet or 0.0541 acres o
land, more or less.
i
M •
HUGH WILSON KN(G$IT
4872
Acreage Summary <r -p'OAsS1oWoe'
su�v, • •
E.C. Davidson Survey Abstract No. 267 2,420 S.F.
S.B. Shelby Survey Abstract No. 820 868 S.F.
Nov 29 01 09: 59p RRLINGTON MASJAD 817 801 7000 p. 7
EXHI •. "
,-Parties to be Noti��ed of Filing R '"" ommisa•oners' A and with J is a of this Court•
1. KHALID AND HANIF CORPORATION, A TEXAS CORPORATION, D/B/A KHC FOODMART
#1, FEE OWNER
Agent for Service:
Mohammed H. Akuly
2328 Brookdale Drive
Arlington, Texas 76014
2. HELLER FIRST CAPITAL CORPORATION, LIENHOLDER
Agent for Service:
Corporation Service Company
100 Congress Avenue
Suite 1100
Austin, Texas 78701
Ausutreys to be Notified of Filing of Sgocial �'ommiscioners'Aw rd with Judg this Court:
1. Paul Schorn
Assistant Attorney General
Transportation Division
P.O. Box 12548
Austin, Texas 78711-2548
2 Kev, W r+i
5tole At• ) Ste . 1d s1 L
� c_
Pallas jr-, `15z S
C Covk.Set fey FcL4 4 S ay.4 <ov f.
3 . Ilf`. 3-6 1jloQ�• F �''' '� , PC.
1 I"1 6t
1 t
IN" ) f..PiY A,4 7 O I
( Corm c k r c)
I01(,(ta-41-- tf
v4 1) _
•
COMPANY: 001 MCBRIDE ELECTRIC OF DALLAS PROJECTS
LOCATION: 041
WORK ORDER
12/20/01 05:44 ENTERED BY: LANCEJ
SCHED. DATE: 12/21/01 TIME: 8:00 -
WO#: 118271 EST*: 21202 CUSTOMER*: 0028277 PO *: BILL NELSON
REQUESTED BY:
BILL TO: JOB SITE: Site#: 8
Store#:
C i TY OF WYLIE FOUNDERS PARK
2000 HWY 78 NORTH FM 544 a FM 1.378
ATTN: ACCOUNTS PAYABLE
WYLIE TX 75098 WYLIE TX 75098
CONTACT: PATSY ROBERTSON CONTACT: BILL NELSON
FINANCE
PHONE*: 978/442-8100 SW) PHONE*: 972/989-7290
ALT. PHONE#: FAX*: 972/442--8198
MAP> BOOK: DA PAGE: 662 GRID: Y
CROSS STREET:
WORK ORDER PRIMARY CONTACT: WORK ORDER SECONDARY CONTACT:
PHONE* PHONE*:
DESCRIPTION: PROVIDE WIRING FOR COMFORT STATION AND SCORE KEEPERS.
JERRY BOLDEN.
PROJECT: PERMIT REQUIRED:
SALES REPS: PREFERRED ELECT, :
ACCT. REP: ROBERT JOHNSON SALES REP1:
PROSPECTOR:
BILLING METHOD: FIXED PRICE TAXABLE: YES RATE; .000011
PAYMENT METHOD: UNKNOWN EXPIRES: REF#:
PRE-PAYMENT: TERMS: NET 10
MATERIAL DISCOUNT %: LABOR DISCOUNT %:
QUOTED AMOUNT: 8,621 .00 ESTIMATE;
Bill Nelson: 972-442-7588 Robert Diaz: 972-442-8197
Robert's pager: 972-710-4068 Bill. Nelson cell: 972-989-7290
ADDITIONAL INSTRiUCTIONS:
DATE STAFF# 10-8 10-7 10-8 STATUS