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10-22-2013 (City Council) Agenda Packet Wylie City Council CITY.F WYLIE NOTICE OF MEETING Regular Meeting Agenda October 22, 2013 — 6:00 pm Wylie Municipal Complex Council Chambers/Council Conference Room 300 Country Club Road, Building #100 Eric Hogue Mayor Rick White Mayor pro tern Keith Stephens Place 1 Nathan Scott Place 2 Todd Wintters Place 3 Bennie Jones Place 4 Diane Culver Place 6 Mindy Manson City Manager Richard Abernathy City Attorney Carole Ehrlich City Secretary 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.wylietexas.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 Mayor and City Council 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 972.516.6020. Hearing impaired devices are available from the City Secretary prior to each meeting. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE • Waterbrook Bible Fellowship —Jeff Denton PRESENTATIONS • Presentation for Municipal Court Week November 4-8 CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. October 22,2013 Wylie City Council Regular Meeting Agenda Page 2 of 5 CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider and act upon, approval of the Minutes of the October 8, 2013 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider and place on file, the City of Wylie Preliminary Monthly Revenue and Expenditure Report for September 30, 2013. (L. Bantz, Finance Director) C. Consider and place on file, the City of Wylie Monthly Investment Report for September 30, 2013. (L. Bantz, Finance Director) D. Consider and place on file, the WEDC Financial Report for September 30, 2013. (S. Satterwhite, WEDC Executive Director) E. Consider and act upon, authorizing the Mayor to enter into an Interlocal Agreement with Collin County and the Rita and Truett Smith Public Library for library services for fiscal year 2013-2014 in the amount of$29,652.42. (R. Orozco, Library Director) F. Consider, and act upon, approval of a Final Plat for Caliber Collision Addition Lot 1, Block A, establishing one commercial lot on 2.00 acres, generally located on Westgate Way just north of FM544. (R. 011ie, Planning Director) G. Consider, and act upon, approval of a Preliminary Plat for Creekside South Apartments, Lot 1, Block A, creating a single lot, for the development of a 252 unit multi-family complex, generally located north of McMillen Road and west of Lewis Drive within the Creekside Subdivision. Property zoned PD 99-32-MF. (R. 011ie, Planning Director) H. Consider, and act upon, approval of a Preliminary Plat for Kreymer Estates Phase II consisting of 23.171 acres for 60 single family residential lots and 2 open space lots dedicated to the City of Wylie, generally located west of W.A. Allen Boulevard, south of E. Brown Street. (R. 011ie, Planning Director) I. Consider, and act upon, Ordinance No. 2013-40, amending the Comprehensive Zoning Ordinance of the City of Wylie, as heretofore amended, so as to change the zoning on the hereinafter describe property, zoning case number 2013-06; repealing Ordinance No. 2007- 35-neighborhood services (PD-NS), containing 4.86± acres of land situated in the City of Wylie, Collin County, Texas at the northeast corner of Collins Boulevard and FM 544, and being 1151 and 1155 Collins Boulevard, and also being described as Lot 1 and Lot 2 of Block E in the Lake Trails of Bozman Farm Addition as recorded as document #2004-0041078 in the plat records of Collin County, Texas and placing the same in the zoning classification of Planned Development Single Family Detached District (PD2013-40-SF) to accommodate the continuation of Single Family Residential Subdivision (PD 2002-52); providing for repealing, savings and severability clauses; providing for a penalty for the violation of this ordinance; providing for an effective date of this ordinance; and providing for the publication of the caption hereof. (R. 011ie, Planning Director) October 22,2013 Wylie City Council Regular Meeting Agenda Page 3 of 5 J. Consider and act upon, the approval of the purchase of three (3) vehicles from Reliable Chevrolet in an estimated amount of $105,000 through a cooperative purchasing contract with the State of Texas Smart Buy Program No. 071-Al, and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing Agent) K. Consider and act upon, the rescindment of agenda Item H of the October 8, 2013 Council Meeting for the purchase of six (6) vehicles from Reliable Chevrolet in an estimated amount of $139,402 through a cooperative purchasing contract with the State of Texas Smart Buy Program No. 071-Al. (G. Hayes, Purchasing Agent) L. Consider and act upon, the approval of the purchase of five (5) Police Impala vehicles from Reliable Chevrolet in an estimated amount of $110,000 through a cooperative purchasing contract with the State of Texas Smart Buy Program No. 071-Al, and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing Agent) M. Consider, and act upon, the approval of the purchase of Liability, Auto, Errors & Omissions, Law Enforcement Liability, Real & Personal Property, and Workers Compensation insurance in the amount of$370,289 from Texas Municipal League Intergovernmental Risk Pool for fiscal year 2013-14, and authorize the City Manager to execute any necessary documents. (G. Hayes, Purchasing Agent) N. Consider and act upon, Resolution 2013-24(R) determining a public necessity to acquire certain properties for public use by eminent domain for rights-of-way (in fee simple), drainage easements and related improvements for the construction, access, repair, maintenance and replacement of and/or improvements to the Ballard Avenue Project (from Alanis Drive to the Collin County line); giving notice of an official determination to acquire properties for rights-of-way (in fee simple), drainage easements and related improvements for the Ballard Avenue Project (from Alanis drive to the Collin county line); authorizing the City Manager of the City of Wylie, Texas to establish procedures for acquiring the rights-of- way (in fee simple), drainage easements and related improvements, offering to acquire the rights-of-way (in fee simple), drainage easements and related improvements voluntarily from the landowners through the making of bona fide offers; authorizing the use of eminent domain to condemn; appropriating funds. (C. Holsted, City Engineer) O. Consider and act upon, Resolution 2013-25(R) determining a public necessity to acquire certain properties for public use by eminent domain for rights-of-way (in fee simple), drainage easements, temporary construction easements and related improvements for the construction, access, repair, maintenance and replacement of and/or improvements to the country Club Road (FM 1378) project (from N. Parker Road to S. Parker Road); giving notice of an official determination to acquire properties for rights-of-way (in fee simple), drainage easements, temporary construction easements and related improvements for the Country Club Road (FM 1378) Project (from N. Parker Road to S. Parker Road); authorizing the City Manager of the City of Wylie, Texas to establish procedures for acquiring the rights-of-way (in fee simple), drainage easements, temporary construction easements and related improvements , offering to acquire the rights-of-way (in fee simple), drainage easements, temporary construction easements and related improvements voluntarily from the landowners through the making of bona fide offers; authorizing the use of eminent domain to condemn; appropriating funds; providing for repealing, savings and severability clauses and providing for an effective date. (C. Holsted, City Engineer) October 22,2013 Wylie City Council Regular Meeting Agenda Page 4 of 5 P. Consider and act upon, approval of Ordinance No. 2013-41 creating a construction work zone for traffic and temporarily reducing the rate of speed therein, on Stone Road from Akin Lane to W.A. Allen Boulevard and on FM 544 from Stone Road to Collins Boulevard, in the city limits of the City of Wylie; defining the speed limit, requiring the placement of signs; declaring what may be a sufficient complaint in prosecutions hereunder; providing for a penalty for the violation of this ordinance; providing for severability, savings and repealing clauses; and providing for an effective date of this ordinance. (C. Holsted, City Engineer) Q. Consider and act upon, authorizing the City Manager to sign a Development Agreement between the City of Wylie and Laer Trams — Wooded Creek Wylie, LLC, for the development of Wooded Creek Phase 2. Located east of Wooded Creek Avenue and north of Lakeside Drive. (R. 011ie, Planning Director) REGULAR AGENDA PUBLIC HEARING 1. Hold a Public Hearing and consider, and act upon, amending the Zoning Ordinance regarding amendments to: Article 4 (Nonresidential Standards),Article 5 (Use Regulations), Article 6 (Special Purpose and Overlay Districts) and Article 7 (General Development Regulations) of the City of Wylie Zoning Ordinance No. 2001-48, as amended, related to parking requirements; and Article 3 (Residential Development Regulations) and Article 6 (Special Purpose and Overlay District) of the City of Wylie Zoning Ordinance No. 2001-48, as amended, related to fences. (R. 011ie, Planning Director) Executive Summary The Zoning Ordinance has rules and requirements for vehicle parking within the City of Wylie. Staff regularly reviews various sections of the Ordinance and updates are recommended to reflect current conditions within the City, recognize real world changes that may affect the application of the Ordinances, adjust for technological advances, and clarify wording that may have been,or has become,unclear. This section deals with recommended updates to the parking Ordinance.Exhibits A through E illustrate the recommended changes. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. WORK SESSION • Comprehensive Annual Financial Report Training. (L. Bantz, Finance Director) • Presentation for the proposed JazzArts Festival to be held May 3, 2014. (C. Ehrlich, City Secretary) RECONVENE INTO REGULAR SESSION ADJOURNMENT If during the course of the meeting covered by this notice,the City Council should determine that a closed or executive meeting or session of the City Council or a consultation with the attorney for the City should be held or is required,then such closed or executive meeting or session or consultation with attorney as authorized by the Texas Open Meetings Act,Texas Government Code§551.001 et. seq.,will be held by the City Council at the date,hour and place given in this notice as the City Council may conveniently meet in such closed or executive meeting or session or consult with the attorney for the City concerning any and all subjects and for any and all purposes permitted by the Act,including,but not limited to,the following sanctions and purposes: October 22,2013 Wylie City Council Regular Meeting Agenda Page 5 of 5 CERTIFICATION I certib? that this Notice of Meeting was posted on thisl8`h day of October, 2013 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: www.wylietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed Wylie City Council CITY OF WYLIE q Minutes Wylie City Council Meeting Tuesday, October 8, 2013 — 6:00 p.m. Wylie Municipal Complex — Council Chambers 300 Country Club Road, Bldg. 100 Wylie, TX 75098 CALL TO ORDER Announce the presence of a Quorum. Mayor Eric Hogue called the meeting to order at 6:00 p.m. City Secretary Carole Ehrlich took roll call with the following City Council members present: Councilwoman Diane Culver, Councilman Bennie Jones, Councilman Todd Wintters, and Councilman Keith Stephens. Mayor pro tem White and Councilman Nathan Scott were absent. Staff present were: City Manager, Mindy Manson; Fire Chief, Randy Corbin; City Engineer, Chris Hoisted; Planning Director, Renae 011ie; Finance Director, Linda Bantz; Police Chief, John Duscio; City Secretary, Carole Ehrlich; PIO, Craig Kelly, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Pastor Jeff Denton representing the Waterbrook Bible Fellowship gave the invocation and Recreation Supervisor Robert Diaz led the Pledge of Allegiance. PRESENTATIONS • Proclamation declaring October 6-12, 2013 as Fire Prevention Week in the City of Wylie Mayor Hogue presented a proclamation to Fire Chief Randy Corbin and Fire Marshal Steve Seddig designating October 6-12, 2013 as Fire Prevention Week in the City of Wylie. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. No citizens were present wishing to address Council during Citizens Comments. Minutes October 8, 2013 Wylie City Council Page 1 CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes of the September 24, 2013 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, approval of Resolution No. 2013-22(R) authorizing the City Manager of the City of Wylie, Texas, to execute the Interlocal Agreement between the North Texas Municipal Water District and the City of Wylie concerning the relocation of a portion of 36-inch pipeline along East Brown Street. (C. Holsted, City Engineer) C. Consider, and act upon, the approval of the purchase of 3 Police Tahoe vehicles from Reliable Chevrolet in an estimated amount of $82,770.00 through a cooperative purchasing contract with the State of Texas Smart Buy Program No. 071-Al, and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing Agent) D. Consider, and act upon, a vendor application from the Wylie East Colorguard for a fundraiser at the Bart Peddicord Community Center on December 14, 2013. (Robert Diaz, Parks &Rec Superintendent) E. Consider, and act upon, a vendor application from the Wylie Animal Advocates Group for a fundraiser at Olde City Park on November 16, 2013. (Robert Diaz, Parks & Rec Superintendent) F. Consider, and act upon, the purchase of computers from Dell Marketing LP in the estimated amount of $51,500.00 through a cooperative purchasing contract with the State of Texas Department of Information Resources agreement DIR-SDD-1951, and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing Agent) G. Consider, and act upon, the First Amendment to the Dedication and Impact Fee Agreement between Creekside Development, Inc. and the City of Wylie for 2.221 acres of right-of-way for the McMillen Road paving project. (M. Manson, City Manager) H. Consider, and act upon, the purchase of six (6) vehicles from Reliable Chevrolet in an estimated amount of $139,402 through a cooperative purchasing contract with the State of Texas Smart Buy Program No. 071-Al, and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing Agent) Council Action A motion was made by Councilman Wintters, seconded by Councilwoman Culver to approve the consent agenda as presented. A vote was taken and the motion passed 5-0 with Mayor pro tern White and Councilman Nathan Scott absent. Minutes October 8, 2013 Wylie City Council Page 2 REGULAR AGENDA PUBLIC HEARING 1. Hold a Public Hearing and consider, and act upon, amending the zoning from Planned Development (PD2007-35) - Neighborhood Services (NS) to Planned Development-Single Family District (PD-SF) for single family dwellings on 4.86 acres. Located on the northeast corner of FM 544 and Collins Blvd. ZC 2013-06. (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed council stating that the applicant is requesting to establish permanent zoning on approximately five acres. There are two separate tracts of land included in this request. Both tracts are currently zoned PD 2007-35, which was originally intended for a daycare use when zoned in 2007. This zoning request is to initially develop a set of model homes to serve home builders in the Bozman Farms subdivision (PD 2002-52). Eventually these model homes and the street frontage will be reconfigured to serve as single family residences. Included in the agenda packet are Exhibit "C" (Model Exhibit Phase 1) and Exhibit "D" (Phase 2) which illustrates the proposed layouts and shall be made a part of the adopted Ordinance. The minimum lots size allowed is 7,500 square with the lot size average set at a minimum 9,500 square feet. The minimum dwelling size is 2,200 square feet with half being over 2,400 square feet. Council/Applicant Comments Applicant Chris Seely representing Ridlinger Associates, 550 S. Edmonds Ste. 101, Lewisville addressed council stating that the zoning request is to initially develop a set of model homes to serve home builders in the Bozman Farms subdivision (PD 2002-52). Eventually these model homes and the street frontage will be reconfigured to serve as single family residences. Mayor Hogue asked Mr. Seely how soon the building would begin on the model homes. Mr. Seely replied that after approval of the zoning case and preliminary plat, they would be ready to start the beginning of 2014. Councilman Wintters asked Mr. Seely if there were plans for landscaping the area. Mr. Seely explained that the entry to Bozman Farms, at one time, looked very nice but over time has deteriorated. The proposed landscape plan will include improvements to the entry as well as landscaping around the proposed parking lot as these are both a significant portion of the entry to the development. The landscape plans are still under consideration but will be brought to council once completed. Mayor Hogue asked about sidewalks in and around the new model homes. Mr. Seely reported the sidewalks would be constructed to tie in the model homes but could extend further or be integrated into the trail system close by. Mayor Hogue asked how many lots would be in the first phase. Mr. Seely reported that approximately 193 lots would be proposed. Public Hearing Mayor Hogue opened the public hearing on Zoning Case 2013-06 at 6:23 p.m. asking anyone present wishing to address council to come forward. Minutes October 8, 2013 Wylie City Council Page 3 No one was present to address council. Mayor Hogue closed the public hearing at 6:23 p.m. Council Action A motion was made by Councilwoman Culver, seconded by Councilman Wintters to amend the zoning from Planned Development (PD2007-35) — Neighborhood Services (NS) to Planned Development-Single Family District (PD-SF) for single family dwelling on 4.86 acres. Located on the northeast corner of FM 544 and Collins Blvd. ZC 2013-06. A vote was taken and the motion passed 5-0 with Mayor pro tern White and Councilman Nathan Scott absent. 2. Consider, and act upon, Ordinance No. 2013-39 of the City Council of the City of Wylie, Texas, approving a Negotiated Resolution between the Atmos Cities Steering Committee and Atmos Energy Corp., Mid-Tex Division regarding the company's 2013 Annual Rate Review Mechanism Filing in all Cities exercising Original Jurisdiction; Declaring Existing Rates to be unreasonable; Adopting Tariffs that reflect rate adjustments consistent with the Negotiated Settlement and finding the rates to be set by the attached Tariffs to be just and reasonable; Requiring The Company to reimburse Cities' reasonable ratemaking expenses; Repealing conflicting Resolutions or Ordinances; Determining that this Ordinance was passed in accordance with the requirements of the Texas Open Meetings Act; Adopting a Savings Clause; Declaring an Effective Date; Providing a Most Favored Nations Clause; and requiring delivery of this Ordinance to the Company and the Steering Committee's Legal Counsel. (M. Manson, City Manager) Staff Comments City Manager Manson addressed council stating that the City of Wylie, along with approximately 164 other cities served by Atmos Energy Mid-Tex Division ("Atmos Mid-Tex" or "Company"), is a member of the Atmos Cities Steering Committee ("ACSC"). On or about July 15, 2013, Atmos Mid-Tex filed with the City an application to increase natural gas rates pursuant to the Rate Review Mechanism ("RRM")tariff renewed by the City in 2013 as a continuation and refinement of the previous RRM rate review process. This is the first annual RRM filing under the renewed RRM tariff. City Manager Manson reported that Atmos Mid-Tex RRM filing sought a $22.7 million rate increase system- wide based on an alleged test-year cost of service revenue deficiency of $25.7 million. The Ordinance resolves the Company's RRM filing by authorizing additional revenues to the Company of $16.6 million system-wide. For purposes of comparison, this negotiated result is about $11 million less than what ACSC's consultants calculated that Atmos would have been entitled to if Atmos had filed a case under the Gas Reliability Infrastructure Program ("GRIP") rather than an RRM case. The settlement is expected to increase the average residential customer's bill by approximately $0.74 per month. An Average Bill Comparison of base rates has been prepared for residential, commercial, industrial, and transportation customers. Atmos currently has the option to go directly to the Texas Railroad Commission (RRM) for approval of rate changes but chooses to continue to negotiate settlements through GRIP and the ACSC. Council Action A motion was made by Councilwoman Culver, seconded by Councilman Stephens to adopt Ordinance No. 2013-39 of the City Council of the City of Wylie, Texas, approving a Negotiated Minutes October 8, 2013 Wylie City Council Page 4 Resolution between the Atmos Cities Steering Committee and Atmos Energy Corporation, Mid- Tex Division regarding the company's 2013 Annual Rate Review Mechanism Filing in all cities exercising Original Jurisdiction, and as provided for in Ordinance No. 2013-39 (Agenda Item #2). A vote was taken and the motion passed 5-0 with Mayor pro tern White and Councilman Nathan Scott absent. 3. Consider, and act upon, Resolution No. 2013-23(R) authorizing the City Manager to execute a Master Agreement Governing the Major Capital Improvement Program for the purpose of transportation improvements on roads inside Dallas County. (C. Hoisted, City Engineer) Staff Comments City Engineer Hoisted addressed council stating that in 2012; Dallas County issued the 6th call for projects for capital improvements. A portion of Ballard Avenue is located in Dallas County and is shown on the thoroughfare plan to be expanded to a 4-lane roadway; however, no funding is currently available for the project. In September 2012, staff submitted an application to Dallas County for funding of this portion of roadway. Council Action A motion was made by Councilwoman Culver, seconded by Councilman Wintters to adopt Resolution No. 2013-23(R) authorizing the City Manager to execute a Master Agreement Governing the Major Capital Improvement Program for the purpose of transportation improvements on roads inside Dallas County. A vote was taken and the motion passed 5-0 with Mayor pro tem White and Councilman Nathan Scott absent. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. City Secretary Ehrlich read the caption to Ordinance No. 2013-39 into the official record. Mayor Hogue convened into Work Session at 6:35 p.m. WORK SESSION • Hold a work session to discuss the alley located east of Birmingham Elementary and north of West Brown Street. (C. Hoisted, City Engineer) City Engineer Hoisted addressed council stating that the reconstruction of West Brown Street is nearing completion. The intersection of the alley located between Birmingham Elementary School and Premiere Learning Center is at a lower elevation than the newly reconstructed roadway. As a result, the storm water from the alley cannot enter the street and the storm sewer system. Hoisted stated there are three options available to correct the drainage issue: 1. Rebuild the alley to a higher elevation which would include removing and replacing the Minutes October 8, 2013 Wylie City Council Page 5 existing alley (Assume 16' wide) Estimated cost would be $32,717.07. 2. Install a storm sewer system to intercept the storm water at an estimated cost of $17,025.06. 3. Remove the alley paving and re-grade the area with turf or some other type of material at no cost if the contractor would be willing to perform that service while in the construction phase of Brown Street. Direction from council was to research further the possibility of removing the alley paving and re- grade. RECONVENE INTO REGULAR SESSION Mayor Hogue reconvened into Regular Session at 7:26 p.m. ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Councilman Jones, seconded by Councilwoman Culver to adjourn the meeting at 7:28 p.m. A vote was taken and the motion passed 5-0 with Mayor pro tern White and Councilman Scott absent. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes October 8, 2013 Wylie City Council Page 6 4 of [irk \'�y Wylie City Council I� to7 AGENDA REPORT •1S87- Meeting Date: October 22, 2013 Item Number: B Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: October 11, 2013 Budgeted Amount: Revenue and Expenditure Exhibits: Monthly Report Subject Consider and place on file, the City of Wylie Preliminary Monthly Revenue and Expenditure Report for September 30, 2013. Recommendation Motion to accept and place on file, the City of Wylie Preliminary Monthly Revenue and Expenditure Report for September 30, 2013. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Page 1 of 1 CITY OF WYLIE PRELIMINARY MONTHLY FINANCIAL REPORT September 30,2013 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 100.00% ACCOUNT DESCRIPTION 2012-2013 2012-2013 2012-2013 OF BUDGET GENERAL FUND REVENUE SUMMARY TAXES 17,606,880 310,388 17,136,143 97.33% A FRANCHISE FEES 2,421,700 4,476 2,137,166 88.25% LICENSES AND PERMITS 442,000 32,887 549,856 124.40% INTERGOVERNMENTAL REV. 697,453 10,650 639,906 91.75% SERVICE FEES 2,805,000 239,088 2,815,552 100.38% FINES AND FORFEITURES 307,000 19,683 269,937 87.93% INTEREST INCOME 14,000 1,162 13,348 95.34% MISCELLANEOUS INCOME 340,556 25,140 222,787 65.42% OTHER FINANCING SOURCES 1,772,297 0 1,857,614 104.81% REVENUES 26,406,886 643,473 25,642,310 97.10% USE OF FUND BALANCE 896,040 NA NA NA B USE OF ROLLOVER STREET FUNDS 150,000 NA 150,000 100.00% TOTAL REVENUES 27,452,926 NA 25,792,310 97.12% GENERAL FUND EXPENDITURE SUMMARY CITY COUNCIL 89,411 3,355 68,179 76.25% CITY MANAGER 719,429 45,013 685,830 95.33% CITY SECRETARY 257,249 15,267 229,194 89.09% CITY ATTORNEY 128,000 25,431 91,987 71.87% FINANCE 929,738 84,983 889,648 95.69% FACILITIES 539,984 37,038 457,617 84.75% MUNICIPAL COURT 273,791 18,468 242,495 88.57% HUMAN RESOURCES 207,214 13,642 200,434 96.73% PURCHASING 92,242 7,107 87,700 95.08% INFORMATION TECHNOLOGY 938,242 82,665 713,698 76.07% POLICE 6,151,860 420,289 5,916,070 96.17% FIRE 5,959,172 495,651 5,701,559 95.68% EMERGENCY COMMUNICATIONS 1,096,647 59,889 957,759 87.34% ANIMAL CONTROL 350,393 21,170 332,885 95.00% PLANNING 483,794 30,803 450,136 93.04% BUILDING INSPECTION 527,107 39,842 452,428 85.83% CODE ENFORCEMENT 258,624 11,437 201,022 77.73% STREETS 1,717,110 199,022 1,662,575 96.82% PARKS 1,755,197 172,025 1,653,566 94.21% LIBRARY 1,508,640 154,244 1,418,925 94.05% COMBINED SERVICES 3,672,498 255,333 2,962,576 80.67% TOTAL EXPENDITURES 27,656,342 2,192,674 25,376,283 C 91.76% REVENUES OVER/(UNDER)EXPENDITURES -203,416 -1,549,201 416,027 5.37% A.Property Tax Collections for FY12-13 as of September 30 are 99.80%,in comparison to FY11-12 for the same time period 101.35%. B.Use of Fund Balance:For Replacement/New Fleet and Equipment. C.FY12-13 expenditures are still in the process of being finalized. CITY OF WYLIE PRELIMINARY MONTHLY FINANCIAL REPORT September 30,2013 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 100.00% ACCOUNT DESCRIPTION 2012-2013 2012-2013 2012-2013 OF BUDGET UTILITY FUND REVENUES SUMMARY SERVICE FEES 13,365,000 1,396,459 11,479,613 85.89% D INTEREST INCOME 10,000 207 7,528 75.28% MISCELLANEOUS INCOME 40,000 3,634 107,358 268.39% OTHER FINANCING SOURCES 0 0 3,126 0.00% TOTAL REVENUES 13,415,000 1,400,299 11,597,625 86.45% UTILITY FUND EXPENDITURE SUMMARY UTILITY ADMINISTRATION 293,038 35,082 265,746 90.69% UTILITIES-WATER 1,599,399 190,822 1,428,059 89.29% CITY ENGINEER 444,882 26,511 420,270 94.47% UTILITIES-SEWER 908,049 52,526 708,241 78.00% UTILITY BILLING 356,736 24,603 258,750 72.53% COMBINED SERVICES 9,880,927 194,957 9,149,680 92.60% TOTAL EXPENDITURES 13,483,031 524,501 12,230,745 E 90.71% REVENUES OVER/(UNDER)EXPENDITURES -68,031 875,798 -633,120 -4.26% D.This total represents 11 months of billings. Most Utility Fund Revenue billed in October will be accrued back to FY 2012-13. E. FY12-13 expenditures are still in the process of being finalized. kti`�`� °trlr `A Wylie City Council ao, AGENDA REPORT fib$.4,,U,,t4. Meeting Date: October 22, 2013 Item Number: C Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: October 11, 2013 Budgeted Amount: Exhibits: Investment Report Subject Consider and place on file, the City of Wylie Monthly Investment Report for September 30, 2013. Recommendation Motion to accept and place on file, the City of Wylie Monthly Investment Report for September 30, 2013. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Page 1 of 1 City Of Wylie 2012-2013 Investment Report September 30, 2013 Money Market Accounts: _ MMA Certificates of Deposit: CCD Treasury Bills: T-Bills Treasury Notes: T-Notes Government Agency Notes: AN Invest. Principal Type Of Interest Purchase Maturity Number Amount Security Rate Issuer Date Date 1 $14,523,149.77 MMA 0.0394% Texpool 12/31/2006 NA 2 $15,040,044.06 MMA 0.0390% TexStar 3/15/2011 NA $29,563,193.83 Total Weighted Average Coupon: 0.04% Money Markets: $29,563,193.83 Weighted Average Maturity(Days): 1.00 Certificates of Deposits: $0.00 $29,563,193.83 C.4 'rt. ,n 1 : Wylie City Council r.fi o .� I " Z. AGENDA REPORT 411 •iss7• I ,7F ak riTM.s Meeting Date: October 22, 2013 Item Number: D (City Secretary's Use Only) Department: WEDC Prepared By: Gerry Harris Account Code: Date Prepared: Budgeted Amount: Exhibits: 1 Subject Consider and act upon, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of September 30, 2013. Recommendation Motion to approve, the monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of September 30, 2013. Discussion The Wylie Economic Development Corporation (WEDC) Board of Directors approved the attached financials on October 18, 2013. Page 1 of 1 10 -14 -2013 08:14 AM III - WYLIE ECONOMIC DEVEL CORP ACCOUNTS# TITLE ASSETS CITY OF WYLIE PAGE: I BALANCE SHEET AS OF: SEPTEMBER 30TH, 2013 1000 -10110 CLAIM ON CASH AND CASH EQUIV. 1,854,301.00 1000 -10115 CASH - WEDC - INWOOD 0.00 1000 -10135 INWOOD BANK - ESCROW 0.00 1000 -10180 DEPOSITS 21000.00 1000-10198 OTHER - MISC CLEARING 0.00 1000- 10341 TEXPOOL 0.00 1000 -10343 LOGIC 0.00 1000 -10481 INTEREST RECEIVABLE 0.00 1000 -11511 ACCTS REC - MISC 0.00 1000 -11517 ACCTS REC - SALES TAX 0.00 1000 -12810 LEASE PAYMENTS RECEIVABLE 5,634,789.71 1000 -12996 LOAN RECEIVABLE 86,704.26 1000 - 12997 ACCTS REC - JTM TECH 0.00 1000 -12998 ACCTS REC - SAVAGE 180,618.44 1000 -14112 INVENTORY - MATERIAL/ SUPPLY 0.00 1000 -14116 INVENTORY - LAND & BUILDINGS 2,824,298.40 1000 -14118 INVENTORY - BAYCOI SANDEN BLVD 0.00 1000 -14310 PREPAID EXPENSES - MISC 7,208.50 1000 -14410 DEFERRED CHARGES 519,554.00 1.1,119,554.31 TOTAL ASSETS LIABILITIES 2000 - 20110 FEDERAL INCOME TAX PAYABLE 0.00 2000 -20111 MEDICARE PAYABLE 0.00 2000 -20112 CHILD SUPPORT PAYABLE, 0.00 2000 -20113 CREDIT UNION PAYABLE 0.00 2D00-20114 IRS LEVY PAYA13LE 0.00 2000 -20115 NATIONWIDE DEFERRED COMP 0.00 20.0{1 -20116 HEALTH INSUR PAY- EMPLOYEE 463.01 2000- -20117 TMRS PAYABLE 0.00 2000 -20118 ROTH IRA PAYABLE 0.00 2000 -20119 WORKERS COMP PAYABLE 0_00 2000 -20120 FICA PAYABLE 0.00 2000 -20121 TEC PAYABLE 0.00 2000 -20122 STUDENT LOAN LEVY PAYABLE 0.00 2000 - 20123 ALIMONY PAYABLE 0.00 2000 - 20124 BANKRUPTCY PAYABLE 0.00 2000 -20125 VALIC DEFERRED COMP 0.00 2000 -20126 ICMA, PAYABLE 0.00 2000 -20127 EMP. LEGAL SERVICES PAYABLE 0.00 2000 - 20130 FLEXIBLE SPENDING ACCOUNT 4,949.94 2000 -20132 EMP CARE FLITE 0.00 2000 -20151 ACCRUED WAGES PAYABLE 0.00 2000 -20160 ADDIT EMPLOYEE INSUR PAY 0.00 2000 -20199 MISC PAYROLL PAYABLE 0.00 2000 -20201 AP PENDING 152,715.59 2000 -20210 ACCOUNTS PAYABLE 0.00 11,119,554.31 10-14-2013 08:I4 AM CITY OF WYLIE PAGE: 2 BALANCE SHEET AS OF: SEPTEMBER 30TH, 2013 111-WYLIE ECONOMIC DEVEL CORP ACCOUNT] TITLE 2000-20530 PROPERTY TAXES PAYABLE 0.00 2000-20540 NOTES PAYABLE 519,554.00 2000-20810 DUE TO GENERAL FUND 0.00 2000-22270 DEFERRED REVENUE 169,666.92 2000-22275 DEFERRED REV - LEASE PRINCIPAL 5,421,623.00 2000-22280 DEFERRED REVENUE - LEASE INT 213,163.51 2000-22915 RENTAL DEPOSITS 2,850.00 TOTAL LIABILITIES 6,484,985.97 EQUITY 3000-34110 FUND BALANCE - RESERVED 441,444.04 3000-3459❑ FUND BALANCE-UNRESERV/UNDESIG 3,634,651.42 TOTAL BEGINNING EQUITY 4,076,595.46 TOTAL REVENUE 2,628,087.34 TOTAL EXPENSES 2,070,114.46 REVENUE OVER/(UNDER) EXPENSES 557,912.88 TOTAL EQUITY 4 OVER/(UNDER) 4,634,568.34 TOTAL LIABILITIES, EQUITY S OVER/(UNDER) 11,119,,554.31. 10-14-2013 08:14 AM CITY OF WYLIE PAGE: 1 BALANCE SHEET AS OF: SEPTEMBER 30TH, 2013 922-GEN LONG TERM DEBT (WEDC) ACCOUNTTI TITLE ASSETS 1000-10312 GOVERNMENT NOTES 0.00 1000-18110 LOAN - WEOC 0.00 1000-18120 LOAN - BIRMINGHAM 0.00 1000-18210 AMOUNT TO BE PROVIDED 0.00 1000-18220 BIRMINGHAM LOAN 0.00 0.00 TOTAL ASSETS 0.00 LIABILITIES 2000-20310 COMPENSATED ABSENCES PAYABLE 9,756.61 2000-20311 COMP ABSENCES PAYABLE-CURRENT 38,727.00 2000-21410 ACCRUED INTEREST PAYABLE 0.00 2000-28205 WEDC LOANS - CURRENT 5,491.32 2000-28220 BIRMINGHAM LOAN 0.00 2000-28230 INWOOD LOAN 0.00 2000-28234 ANS LOAN RANDACK/HUGHES 465,090.32 2000-28235 ANB LOAN 200,798.23 2000-28236 ANB CONSTRUCTION LOAN 4,414,358.68 2000-28240 IHUGHES LOAN 0.00 2000-28250 CITY OF WYLIE LOAN 0.00 2000-28260 PRIME NUTS LOAN 0.00 2000-28270 BOWLAND/ANDERSON LOAN 0.00 2000-28280 CAPITAL ONE CA2AD LOAN 0.00 TOTAL LIABILITIES 5,134,222.16 EQUITY 3000-34590 FUND BALANCE-UNRESERV/UNDESIfi( 5,138,700.89) TOTAL BEGINNING EQUITY ( 5,138,700.89) TOTAL REVENUE ( 549,241..14) TOTAL EXPENSES ( 553,719.87) REVENUE OVER/(UNDER) EXPENSES 4,478.73 TOTAL EQUITY 5 OVER/(UNDER) ( 5,134,222.16) TOTAL LIABILITIES, EQUITY & OVER/(UNDER) 0.00 10-14-2013 08:15 AM CITY OF WYLIE PAGE: 1 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: SEPTEMBER 30TH, 2013 I11-NYLIE ECONOMIC DEVEL CORP FINANCIAL SUMMARY CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET 9 OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET REVENUE SUMMARY TAXES 1,743,989.00 144,571.66 0.00 1,522,980.71 0.00 221,008.29 81.33 INTEREST INCOME 120,462.00 3,524.44 0.00 49,730.23 0.00 70,731,77 41.28 MISCELLANEOUS INCOME I00,800.00 8,181.85 0.00 99,472.04 0.00 1,327.16 98.68 OTHER FINANCING SOURCES 918,657.00 34,078.03 0.00 _ 955,.903.56 0.00 ( 37,246.56) 104.05 TOTAL REVENUES 2,883,908.00 190,355.98 0.00 2,628,087.34 0.00 255,820.66 91.13 EXPENDITURE SUMMARY DEVELOPMENT CORP-WEDC 3,469,942.00 44,861.35 1,194.19 2,070,114.46 2',241.54 1,397,586,00 59.72 TOTAL TOTAL EXPENDITURES 3,469,942.00 44,861.35 ( 1,194.19) 2,070,114.46 2,241.54 1,397,586.00 59.72 REVENUE OVER/(UNDER) EXPENDITURES ( 586,034.00) 145,444.63 ( 1,194.19) 557,972.88 ( 2,241.54) ( 1,141,765.34) 94.83- 10-14-2013 08:15 AM CITY OF WYLIE PAGE: 2 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: SEPTEMBER 30TN, 2013 ill-WYLIE ECONOMIC DEVEL CORP REVENUES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T'-D BUDGET 9 OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET TAXES 4000-40150 REV IN LEIU OF TAXES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-40210 SALES TAX 1,743,989.00 144,571.66 0.00 1,522,980.71 0.00 221,008.29 87.33 TOTAL TAXES 1,743,989.00 144,571.66 0.00 1.,522,980.71 0.00 221,000.29 87.33 INTEREST INCOME 4000-46050 CERTIFICATE OF DEPOSIT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46110 ALLOCATED INTEREST EARNINGS 2,000.00 42.24 0.00 1,201.45 0.00 798.55 60.07 4000-46140 TEXPOOL INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46143 LOGIC INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46150 INTEREST EARNINGS 118,462.00 3,484.81 0.00 42,994.46 0.00 75,467.54 36.29 4000-46160 LOAN REPAYMENT (PRINCIPAL) 0.00 ( 2.61) 0.00 5,534.32 0.00 ( 5,534.321 0.00 4000-46210 BANK MONEY MARKET INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL INTEREST INCOME 120,462.00 3,524.44 0.00 49,730.23 0.00 70,731.77 41.28 MISCELLANEOUS INCOME 4000-48110 RENTAL INCOME 98,4.00..00 8,150.00 0.00 97,700.00 0.00 700.00 99.29 4000-48310 RECOVERY PRIOR YEAR EXPEN 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46410 MISCELLANEOUS INCOME 2,400.00 31.85 0.00 1,772.84 0.00 627.16 73.87 4000-48430 GAIN/LOSS SALE OF CAP ASSET 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL MISCELLANEOUS INCOME 100,800.00 8,181.85 0.00 99,472.84 0.00 1,327.16 98.68 OTHER FINANCING SOURCES 4000-49160 TRANSFER. FROM GENERAL FUND 0.00 0_00 0.00 0.00 0.00 0.00 0.00 4000-49325 BANK NOTE PROCEEDS 548,935.00 0.00 0.00 548,935.00 0.00 0.00 100.00 4000-49550 LEASE PRINCIPAL PAYMENTS (0 369,722.00 34,078.03 0.00 406,968.56 0.00 ( 37,246.56) 110.07 TOTAL OTHER FINANCING SOURCES 918,657.00 34,078.03 0.00 955,903.56 0.00 ( 37,246.56) 104.05 TOTAL REVENUES 2,883,908.00 190,355.98 0.00 2,628,087.34 0.00 255,820.66 91.13 1 10-14-2013 08:15 AM CITY OF WYLIE PAGE: 3 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: SEPTEMBER 30TH, 2013 111-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET PERSONNEL SERVICES 5611-51110 SALARIES 174,809.00 13,446.86 0.00 168,085.75 0.00 6,723.25 96.15 5611-51130 OVERTIME 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51140 LONGEVITY PAY 1,253.00 0.00 0.00 1,156.00 0.00 97.00 92.26 5611-51145 SICK LEAVE BUYBACK 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51160 CERTIFICATION INCENTIVE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51170 PARAMEDIC INCENTIVE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51210 CAR ALLOWANCE 11,320.00 870.78 0.00 10,884.75 0.00 435.25 96.16 5611-51220 PHONE ALLOWANCE 3,924.00 0.00 0.00 4,227.09 0.00 ( 303.09) 107.72 5611-51230 CLOTHING ALLOWANCE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51310 TMRS 22,649.00 1,881.34 0.00 24,172.57 0.00 { 1,523.57) 106.73 5611-51410 HOSPITAL & LIFE INSURANCE 31,349.00 45.28 0.00 23,240.76 0.00 8,108.24 74.14 5611-51415 EXECUTIVE HEALTH PLAN 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51420 LONG-TERM DISABILITY 603.00 0.00 0.00 458.64 0.00 144.36 76.06 5611-51440 FICA 10,991.00 841.38 0.00 8,890.55 0.00 2,100.45 80.89 5611-51450 MEDICARE 2,571.00 196.77 0.00 2,607.61 0.00 ( 36.61) 101.42 5611-51470 WORKERS COMP PREMIUM 566.00 0.00 0.00 416.36 0.00 149.64 73.56 5611-51480 UNEMPLOYMENT COMP (TWC) 540.00 0.00 0.00 18.00 0.00 522.00 3.33 TOTAL PERSONNEL SERVICES 260,575.00 17,282.41 0.00 244,158.08 0.00 16,416.92 93.70 SUPPLIES 5611-52010 OFFICE SUPPLIES 13,750.00 14.10 0.00 10,883.06 0.00 2,866.94 79.15 5611-52040 POSTAGE & FREIGHT 980.00 0.00 0.00 117.11 0.00 862.89 11.95 5611-52130 TOOLS/ EQUIP (NON-CAPITAL) 0.00 0.00 0.00 0.00 0,00 0.00 0.00 5611-52810 FOOD SUPPLIES 5,000.00 653.41 0.00 3,939.10 0.00 1,060.90 78.78 5611-52990 OTHER 5,000.00 600.47 0.00 4,990.45 0.00 9.55 99.81 TOTAL SUPPLIES 24,730.00 1,267.98 0.00 19,929.72 0.00 4,800.28 80.59 MATERIALS FOR MAINTENANC 5611-54630 TOOLS & EQUIPMENT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-54810 COMPUTER HARD/SOFTWARE 3,000.00 174.95 0.00 1,809.07 0.00 1,190.93 60.30 5611-54990 OTHER 0.00 _ 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL MATERIALS FOR MAINTENANC 3,000.00 174.95 0.00 1,809.07 0.00 1,190.93 60.30 CONTRACTUAL SERVICES 5611-56030 INCENTIVES 1,289,347.00 0.00 0.00 817,776.76 0.00 471,570.24 63.43 5611-56040 SPECIAL SERVICES 59,320.00 817.50 0.00 26,977.41 0.00 32,342.59 45.48 5611-56080 ADVERTISING 43,474.00 1,120.00 0.00 35,687.00 1,000.00 6,787.00 84.39 5611-56090 COMMUNITY DEVELOPMENT 41,750.00 1,375.68 0.00 40,271.15 0.00 1,478.85 96.46 5611-56110 COMMUNICATIONS 4,260.00 252.65 0.00 3,950.56 125.08 184.36 95.67 5611-56180 RENTAL 23,000.00 194.00 0.00 21,811.82 0.00 1,108.18 94.83 5611-56210 TRAVEL & TRAINING 31,895.00 1,558,86 0.00 14,668.27 1,069.11 16,157.62 49.34 5611-56250 DUES & SUBSCRIPTIONS 9,088.00 101.00 0.00 8,109.00 0.00 979.00 89.23 5611-56310 INSURANCE 1,803.00 233.00 0.00 536.00 0.00 1,267.00 29.73 5611-56510 AUDIT & LEGAL SERVICES 22,750.00 142.00 0.00 14,624.21 0.00 8,125.79 64.28 5611-56570 ENGINEERING/ARCHITECTURAL 20,000.00 1,800.00 0.00 4,950.00 0.00 15,050.00 24.75 5611-56610 UTILITIES-ELECTRIC 3,500.00 233.66 0.00 2,034.02 47.35 1,418.63 59.47 TOTAL CONTRACTUAL SERVICES 1,550,187.00 7,828.35 0.00 991,396.20 2,241.54 556,549.26 64.10 10-14-2013 08:15 AM CITY OF WYLIE PAGE: 4 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: SEPTEMBER 30TH, 2013 111-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET DEBT SERVICE 6 CAP. REPL 5611-57110 DEBT SERVICE 884,950.00 18,307.66 0.00 799,769.99 0.00 85,180.01 90.37 5611-57710 BAD DEBT EXPENSE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL DEBT SERVICE I. CAP. REPL 884,950.00 18,307.66 0.00 799,769,99 0.00 85,180.01 90.37 CAPITAL OUTLAY 5611-58110 LAND-PURCHASE PRICE 695,000.00 0.00 0.00 405,334.00 0.00 289,666.00 58.32 5611-58120 DEVELOPMENT FEES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-58150 LAND-BETTERMENTS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-58210 STREETS s ALLEYS 40,000.00 0.00 0.00 0.00 0.00 40,000.00 0.00 561.1-58410 SANITARY SEWER 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-58810 COMPUTER HARD/SOFTWARE 3,000.00 0.00 0.00 0.00 0.00 3,000.00 0.00 5611-58830 FURNITURE 6 FIXTURES 3,500.00 0.00 0.00 3,051.40 0.00 448.60 87.18 5611-58910 BUILDINGS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-58995 CONTRA CAPITAL OUTLAY 0.00 0.00 0.00 ( 400,334.00) 0.00 400,334.00 0.00 TOTAL CAPITAL OUTLAY 741,500.00 0.00 0.00 8,051.40 0.00 733,448.60 1.09 OTHER FINANCING (USES) 5611-59111 TRANSFER TO GENERAL FUND 5,000.00 0.00 0.00 5,000.00 0.00 0.00 100.00 5611-59190 TRANSFER TO THORUGHFARE IMP 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-59990 PROJECT ACCOUNTING 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL OTHER FINANCING (USES) 5,000.00 0.00 0.00 5,000.00 0.00 0.00 100.00 TOTAL DEVELOPMENT CORP-WEDO 3,469,942.00 44,861.35 0.00 2,670,114.46 2,241.54 1,397,586.00 59.72 TOTAL EXPENDITURES 3,469,942.00 44,861.35 0.00 2,070,114.46 2,241.54 1,397,586.00 59.72 REVENUE OVER (UNDER) EXPENDITURES ( 586,034.00) 145,494.63 0.00 557,972.88 ( 2,241.54) ( 1,141,765.34) 94.83- ` , END OF REPORT •" Wylie Economic Development Corporation Balance Sheet Sub ledger September 30, 2013 Notes Payable Date of Rate of Purchase Payment _ BeginningBal. Principal Interest Interest Principal Balance September 1, 2013 $5,094,382.39 ANBTX MARTINEZ(#35of60) 10/28/10 $8,200,66 $206,575.64 $7,679.01 $521.65 2.95 198,896.63 ANBTX ACE(#26 of 180) 8/1/11 36,828.67 4,414,265.65 20,101.07 16,727,60 4.55 4,394,164.58 ANBTX HUGHESJRANDACK(#10OF6C 10/23/12 10,107.00 473,541.10 8,484.67 1,622.33 3.99 465,056.43 September 30, 2013 $36,264.75 $18,871.58 $5,058,117.64 Note: Principal and Interest payments vary by date of payment. The WEDC entered into a$1.4 M note with American National Bank to fund improvements associated with the extension of Woodbridge Parkway. Upon the first draw by the WEDC, the Balance Sheet and the Balance Sheet Sub ledger will be adjusted accordingly. Wylie Economic Development Corporation Inventory Subledger September 30, 2013 Inventory-Land Date of Pur. Address Acreage Improvements Cost Basis Value Sq. Ft. McMasters 7/12/05 709 Cooper 0.48 n/a 202,045.00 Heath 12/28/05 706 Cooper 0.46 32,005 3,625 186,934.22 Perry 9/13/06 707 Cooper 0.491 n/a 200,224.00 Bowland/Anderson 10/9/07 Cooper Dr. 0.372 n/a 106,418.50 KCS 8/1/08 Cooper Dr. 0.406 n/a 60,207.87 Duel Products 9/7/12 704 Cooper Dr. 0.5 n/a 127,452.03 Randack 10/23/12 711-713 Cooper Dr. 1.089 400,000 8,880 400,334.00 Hughes 7/25/06 211 -212 Industrial 0.74 209,801 10,000 420,361.21 R.O.W. 0.18 41,585.26 Prime Kuts 10/8/07 207 Industrial 0.20 182,223 4,550 229,284.00 R.O.W. 0.11 n/a 77,380.45 Cazad 3/17/08 210 Industrial 0.27 128,083 3,900 200,781.55 Ferrell 9/29/05 2806 F.M. 544 1.09 n/a 239,372.00 Sale of R.O.W. 2/14/07 -0.09 -20,094.48 Crossroads 6/12/09 2804 F.M. 544 0.44 24,696 2,800 171,842.02 Regency Pk. 6/4/10 25 Steel Road 0.65 n/a 25,170.77 Premier Plaza-ACE 8/26/05 Martinez Lane 22.44 96,000 -639,000.00 Sale to Savage 5/28/08 -3.87 -98,917.20 SAF-Holland 12/14/10 Martinez Lane 1.33 n/a -225,514.65 Premier Industrial Park 7/12/07 Hensley 3.2 n/a 155.000.00 Total 30.48 976,808 129,755 2,824,298.40 *A Journal entry was made by auditors to adjust the cost of the Hughes land by$4,638.79. This amount was for taxes owed and therefore not part of the land value. *Prime Kuts total purchase price was$306,664.45. The distribution between 207 Industrial and R.O.W. purchased was developed by Seller for tax purposes. *Should ACE lease to term and not execute purchase option, WEDC is liable to reimburse ACE for Holland property purchase ($112,500). WYLIE ECONOMIC DEVELOPMENT CORPORATION SALES TAX REVENUE FOR THE MONTH OF OCTOBER 2013 MONTH WEDC WEDC WEDC DIFF % DIFF 2011 2012 2013 12 VS 13 12 VS 13 DECEMBER $103,687 $112,676 $148,500 $35,824 31.79% JANUARY 100,999 118,175 117,904 -271 -0.23% FEBRUARY 158,204 171,759 187,682 15,923 9.27% MARCH 104,670 113,571 139,745 26,175 23.05% APRIL 98,463 115,114 121,594 6,480 5.63% MAY 158,379 154,424 192,612 38,188 24.73% JUNE 116,832 119,326 141,328 22,002 18.44% JULY 119,527 125,555 148,763 23,208 18.48% AUGUST 157,310 155,875 180,280 24,406 15.66% SEPTEMBER 123,153 123,863 144,572 20,708 16.72% OCTOBER 118,827 122,650 137,407 14,757 12.03% NOVEMBER 163,346 172,141 Sub-Total $1,523,400 $1,605,130 $1,660,388 $227,400 15.87% AUDIT ADJ TOTAL $1,523,400 $1,605,130 $1,660,388 $227,400 15.87% WEDC SALES TAX ANALYSIS $250,000 $200,000 • ::::: ozoiz LIII..1T[I"Tl ii 1 L = T N O 0 a)❑ LL a O I Z °) Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: October 22, 2013 Item Number: E Department: Library (City Secretary's Use Only) Prepared By: Rachel Orozco Account Code: Date Prepared: October 8, 2013 Budgeted Amount: $ 29,652.42 Exhibits: 1 Subject Consider and act upon, authorizing the Mayor to enter into an Interlocal Agreement with Collin County and the Rita and Truett Smith Public Library for library services for fiscal year 2013-2014 in the amount of$29,652.42. Recommendation Motion to approve, authorizing the Mayor to enter into an Interlocal Agreement with Collin County and the Rita and Truett Smith Public Library for library services for fiscal year 2013-2014 in the amount of$29,652.42. Discussion Collin County allocates funds for library services to cities in the county. For fiscal year 2014, Collin County will fund the Rita and Truett Smith Public Library $29,652.42 from October 2013 through September 2014. Payments are made to the City of Wylie on a quarterly basis. Page 1 of 1 Office of the Purchasing Agent 2300 Bloomdale Road 1Th, COLLIN 4 COUNTY L L I N COUNTY Suite 3160 McKinney, Texas 75071 www.collincountytx.gov October 2, 2013 RITA& TRUETT SMITH PUBLIC LIBRARY Ms. Rachel Orozco, Director 800 Thomas Street Wylie, TX 75098 Re: Interlocal Agreement Library Services Dear Ms. Orozco, Enclosed please find three (3) copies of the Interlocal Agreement between Collin County and the Rita& Truett Smith Public Library for your approval and signature regarding the referenced services. Please sign and return three (3) originals for final processing as soon as possible. Upon completion, one (1) fully executed copy will be returned for your files. Should you have any questions, please feel free to contact me at (972) 548-4122 or by e-mail at judydavis@co.collin.tx.us. Sincere i Judy Dav'ss Buyer II Collin County Purchasing McKinney, Texas 75071 jd Encl. cc: Contract file THE STATE OF TEXAS COUNTY OF COLLIN INTERLOCAL AGREEMENT BETWEEN THE COUNTY OF COLLIN AND THE RITA & TRUETT SMITH PUBLIC LIBRARY I. This agreement is made and entered by and between Collin County, a political subdivision of the State of Texas, hereinafter referred to as the "COUNTY" and the Rita & Truett Smith Public Library; hereinafter referred to as the "LIBRARY". II. The COUNTY and LIBRARY agree as follows: The COUNTY is a duly organized political subdivision of the State of Texas engaged in the administration of County Government and related services for the benefit of the citizens and residents of Collin County. The LIBRARY is a City Council created entity established for administering and providing library services for the general public in Collin County, Texas. The undersigned officers or agents of the COUNTY and the LIBRARY are properly authorized officials and agents and each has the necessary authority to execute this contract on behalf of said agent's principal and that any necessary resolutions or orders extending said authority have been duly passed and are now in full force and effect. The COUNTY agrees to fund the LIBRARY in the amount of $29,652.42 for the 2014 fiscal year (October 2013 through September 2014) of the COUNTY, under the conditions and terms set out herein. In exchange for said funds provided by the COUNTY, the LIBRARY will provide the following services to the citizens of Collin County for the year of 2014: The LIBRARY shall continue to provide full library services for residents of Collin County, Texas, without distinction between those who reside within or without an incorporated area of the county. The LIBRARY shall perform such other functions and duties as may be required of it by law or by lawful authority. All benefits and services provided by the LIBRARY and the administration of its program or programs shall be done in conformity with all State and Federal Laws and without regard to race, religion, gender or ethnic background of the persons being served, and without regard to the immigration status of the persons being served. All funds provided to the LIBRARY by the COUNTY shall be used solely for library services to the public. The LIBRARY shall diligently prepare and keep accurate and current records of its board meetings, official actions and expenditures and shall permit inspection and copying of said records by authorized agents of the Commissioners' Court, District Attorney and County Auditor of Collin County, Texas from 8:00 A.M. to 5:00 P.M. Monday through Friday of each week (except officially recognized holidays). Further, the LIBRARY agrees to submit to audits by the County Auditor in accordance with the directions of said official. The LIBRARY shall comply with the Texas Open Records Act and the Texas Open Meetings Act, provided that matters and records deemed confidential by Iaw shall not be compromised. For the aforementioned services provided by the LIBRARY, the COUNTY agrees to pay to the LIBRARY for the full performance of this agreement the annual amount of$29,652.42; to be paid on a quarterly basis. The LIBRARY understands and agrees that payment by the COUNTY to the LIBRARY shall be made in accordance with the normal and customary processes and business procedures of the COUNTY, and in conformance with applicable state law. Neither of the parties to this agreement waives or shall be deemed herby to waive any immunity or defense that would otherwise be available to it against claims arising from the exercise of governmental powers and functions. The LIBRARY is not given authority by this contract to place the COUNTY under any manner of legal obligation to any third party, person, entity or agency, and is not hereby made an agent of the COUNTY for the purpose of incurring liability. The LIBRARY does not have under this agreement authority or legal capacity to admit or confess error or liability on behalf of the COUNTY. The effective date of this agreement shall be the day that it is signed by both parties. This agreement and any of its terms and provisions, as well the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. In the event that any portion of this agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. EXECUTED in duplicate originals this, the day of , 2013. BY: The County Judge of Collin County, Texas BY: The Authorized Representative of Date The Rita & Truett Smith Public Library ':_g Wylie City Council fir. ., •iss7• ' AGENDA REPORT -aTF a'riTM.s Meeting Date: October 22,2013 Item Number: F (City Secretary's Use Only) Department: Planning Prepared By: Renae' 011ie Account Code: Date Prepared: October 10,2013 Budgeted Amount: Exhibits: 1 Subject Consider and act upon, approval of a Final Plat for Caliber Collision Addition Lot 1, Block A, establishing one commercial lot on 2.00 acres, generally located on Westgate Way just north of FM544. Recommendation Motion to approve, a Final Plat for Caliber Collision Addition Lot 1, Block A, establishing one commercial lot on 2.00 acres, generally located on Westgate Way just north of FM544. Discussion Owner: Cross Development, LLC Applicant: Cross Development, LLC The applicant established SUP zoning for a Major Automotive Repair Use on the subject tract on the east side of Westgate Way in August of this year. The applicant is building a Caliber Collision branded automotive repair and body center on the lot. The property is bordered on the west by Westgate Way, a four-lane non-divided road. To the south is a restaurant use. To the north is undeveloped land zoned A/30 with the DART rail line just north of that. To the east is a concrete batch plant use. The nearest residential use is approximately 500 feet to the north across the DART rail line. The Final Plat provided by the applicant meets all the standards as set forth by the City of Wylie. The Planning and Zoning Commission voted 7-0 to recommend approval subject to additions and alterations to engineering plans as required by the City Engineer. Page 1 of 1 i VICINITY MAP OWNERS CERTIFICATE —'-' (Owner:Sal Del Propenes Tno HP DM 9 ) De Per Properties,�"c sane owner of a Damemn survey,Abstract :',ITrton aanhab wtleenmsace f8tl c/o:NellyM CrawfOre E. 5339 Alpha Rood / rewreee nwume lm3 Paged eef xewrtle,w emuenN Taws antl berg more Schaaf&Stone,LLP 300 / ut pamaarY easgmried by metes era bounds asfollows:r 59565herry Lane Dallas,Texas 75290 v Suite 1900 9>2TI1963fi / q J r+ / >g Plat - xwnd dthe rmMeastwmer of La t,e Da as,Terss>3225 � - wy" [hepar MermfrttomeenGbnerP Page ceg �eD� n�h. . A “ w" aora« eod eorp°aa,e hL`_f�. , } hadswa m,.me.. a, 9 et U 90 feapnetew.ent.anle of Westgate s 37minutes and 56 Mmld wrvemme e¢bbears ' r. , �' de9�a„gm`t`„° M,War,„�Memoaeu2'ncn rods d^atthee�nningofae°rveeto ng a Me �` � nan9aong�dmd�WpT ne7wrs� wWanew f As ^.., afrM,L>, rr1744�manerof Ueg�23mname2aaew7�ewrvemMn9m, de.h�p�phate S _m ... bee Ls dex�aaJMnp�o�wnea West,age oxr r n me vath cep stamped"DAS. 97 feet,continuing along tl Apt m I - /" .>^ / ds � Westgate TnEICE No.gaOBinchsMnrodwla.'M°m PRO"REAL..." I sal De, 6PmpeweMI `' �55mn"me2l=mdsEast ..ofasaV re of vol 3,Page 95l I / Lis R re of me MOO trace D accT Floes Statement Westgate /- mmmpsamoed aFn (Remainder)PMf W r ape mttmt - ._I a ro^grn ry �9 nemre Fbpe 2lnsurznrn 1nT o�ecc� e7zzrs,ua rearm z. oreec. 1 mzr9ei ana9ssnent 0IrMin 02 0', r Hazard tnrsSite NS ms�iwt wain ene5petlam Flood Hazard Area, now,mEa rlxfss PRESENTS. sad i 11 zt.e does nnph that Ole prOpeM and/or thesvuRures mere.wN The,Sal Del per[ acting pneye.trough Me duty orb orccers bD hereby adopt this '1J IS 8Ea'21E 6.1'— be free fromfl OFng or nwOdemage Cm rare otmaona greatx OIT00EO atl,+9nah E more CALIBER COLLISION ADDITION,annoey to M1CNof and Alf D.uD a.flo32 heirs map be Imreased by men made m WWI mrre,Tema b, o m a ocher os (0 II4o llt Harr., Toss statement shall not create hematr on dle part a me armor. sera hereby N�Pumoses �S62P21 t 5861 7'777 77%mutual use an7:commodeDon or a. - °" De " " rp M blls rilities desinng to use or usIng.me MI and any REoMMNDEDwRnPRwA. a2easement a.all public Wines shall at all tn.Mve reMdne nor roo,tw,Nanpytesb 1 ID is —r-d { an nSrM&zmT�epmmlR�n oao procuring permission removing p e. aw et Me"er� 1 : l Hof Wyq Tteas of unng raw —.II ao w N _ DFonconsmu T002' Witness my�I I '•AVPRovE 9 -�}- �, F Mara utv orrMk,Teas dare SalDe Ray Properties,ro anve sre y °AecEPTEd' STATE OF TEXAS rs r COUVas NTY s9R.54' / BEFORE ME,the undersigned,a Notary Pubic n antl for the state of Tesa',on Shp bay pe�na r ap zanot rCEELTEIEJT.fig.S.'HAT--._I � IV -.__ be,Texas Da. eb to meM he Eto me t 7e samefat p p antlFOsdtibeb M Merm s5 um¢ \ 30 g 5 e"t- _.—.. ^'-J t60.a 9&vfiY ' 'IRS Thm U EOE a RY 52 ttV tyre 30 Cwrc T 00 loom[o me b be the Persz hose name s sOn50emdOnu'N¢mn¢npnes5¢b anb In s i _ g 8.!din :�T The ndersgired,Ne Cry Sed'eMtl d RY Ion me 0mM dl GrvEn LPOPR E�eln smt 1 —4 ., Lernfies dwt ang fmal d me CAIBEN WtLIS1DY VWmON p W A9 �{' NF W� n. vHPxo Arv05ERLOFOF C, the aY 1013, la'-1;d3 Fig:- 30�� l �+ l `_---- _ sac I ?013 On s aEe E 6 3 " ______ _21 L:t6.2 i I I tyr tares,eM�water antl Sara Imes as shown arA set fal7l m then a� DER M c a M wad formal as a�a Oe Coun H,M _______ thae d t¢tl Ne tle0itatts0 of s � ,PAR � '� ryoq PuNi]ohawo L l rv) 0 (46^ T _-. LS. IC Edit,'Easement dfd $dl� ry upQl Coun ads . ._ cdt and sea mpne WMer apthorl:ee me Maya m Irxe Are areep'ans �mr mmmimon emres lEk4Lf •'•. 'ry _ Mneof rry s9' eahedn aboxe wd%nbai. _Y _ {-.y wamss n,yhand Ms day AD• 3. Surveyo-a nr's Certification 9 i a:: ATEDET - c m COUNTY OF JOH N NY CIhy of WI1le Tees a found mac Deal,a Registered Professional Lane surveyor in Me State 0Texas,FE hereby certify trat I #'. se out i!.P P,...•Nc have plat hom an actualon Me ground curry U Me lane,and the monumerim shown hereon �)-- { oche 3,Pa9e 951 \ prepared ntl/orpanetl antler my Persona supra^fie red of our WN2Dl3. { "D.RC<T h l LC.De Lot 1,Block an2�ooare Feet Executed the Me day of ,.� 87,121 Square Feet 2 Aped _ V6 - �1 2.Of1D Acres Registered Professional =orison sand surveyor t ."ro Commercial Use n �1 im -. s FF TO. .IA �" "• sa COUNTYTexas,on msday personallyE002IEtl ` l BEFORE ME Meunmdsgnm002RRO Public in and for the State ofr � s m £ ``, s Jeremy Lake our known M ma m e Pe...nose name....Kn.to the fore fig nstr '': 1 C ,. e. acknowledged m me that he executed the.same forme purposes and considerations Meren o-Pm9^het=nor te �e in n Me caRecgtheren stated r _ (ITT s , 'samara L^ _ �4e ___.__ Rp 4` GIVEN UNDER MT HAND AND SEAL OF OFFICE,Mis the day of 3f'al . T * Np rybtnm anh,T a w P"maaanJpM1a a r. , `;D",, Notes r s= m l I i - 1 s ! 2 rvrvorcn ment��3 Eounorings is�Totmt�netrrmblnee urtua^Refde'e sMupn xe wmorxwn Datum of JgeJ, s qs7mL o s+ ,t L -. ` r •_ Lora bl 9oa.ceT Deed Records, RrALSEnRcn see � u, -._ of eonnn/Texaa L ,D aa562 w e�61 �-.DSOM� 5 PRCET PlatR�baVR nVounh,Texas rm fF, Br T City naMe and State law and ac w — _f , , ./ ; 65e ln9apoNon oFmsadd[ by not re i - SCALE:1"=30' a subject m fines and withholding p utilities andbuilding perm. 6I 'iF_- s I o 3o D OCT 01200 SEP 25 3013 ' 1 rzr Texas,l FINAL PLAT 1 CALIBER COLLISION ADDITION ��/��/ LOT >, BLOCK A YrG3ect Number.13o009Sheet 1 of 1 Dare:AUgust19,2013 situated in the E.C. Davidson Survey, Abstract C REALSEARCH OF TEXASx LLC� \Revise°Dare Number 266, City of Wylie, Collin County. Texas. Raxi9ioa NOON: �i� l Te JmInnaAn.�.��w./.a w'.mo,er,a>< : Wylie City Council 1. l AGENDA REPORT •iss7• ' -aTF"k riTM.s Meeting Date: October 22,2013 Item Number: G (City Secretary's Use Only) Department: Planning Prepared By: Renae' 011ie Account Code: Date Prepared: October 9,2013 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, approval of a Preliminary Plat for Creekside South Apartments, Lot 1, Block A, creating a single lot, for the development of a 252 unit multi-family complex, generally located north of McMillen Road and west of Lewis Drive within the Creekside Subdivision. Property zoned PD 99-32-MF. Recommendation Motion to approve, a Preliminary Plat for Creekside South Apartments, Lot 1, Block A, creating a single lot, for the development of a 252 unit multi-family complex, generally located north of McMillen Road and west of Lewis Drive within the Creekside Subdivision. Property zoned PD 99-32-MF. Discussion APPLICANT: Winkelmann & Associates, Inc. OWNER: Creekside South Apartments Addition The property totals 18.474 acres and will create a single lot for a multi-family residential community. The subject property is part of the overall 296.441 acres of the Creekside Estates development approved in October 1999. The applicant is proposing a 252 unit multi-family complex, which is allowed by right under Planned Development Ordinance No. 99-32. The plat shall also dedicate the necessary rights-of-way, fire lanes, and utility easements. This Preliminary Plat complies with the applicable technical requirements of the City of Wylie. Planning and Zoning Commission Discussion The Commission expressed concerns with the timing of the project and the widening of McMillen Road. The applicant stated that the projected start date is the latter part of 2014 with a12 to 18 month construction duration. The Planning and Zoning Commission voted 7-0 to recommend approval subject to additions and alterations to engineering plans as required by the City Engineering. Page 1 of 1 ABBREVIATION LEGEND e ABBR DEFINITION a C u g86 A i I m4r—bi ,, , CIRS IRON ROD SET w/CAP wuNuo ww CIRF IRON ROD FOUND w/CAP £ 3ueleTI PY OsM HAS PROWL St1 a o ®m PI, PK NAIL FOUND .XE 0 La7 IP AK(.,_ISH MANHOLE Os TP TELEPHONE PEDESTAL o° CONDITIONER WM WAIN,MEIN, 551 51,HVISHANI \net 40-1,, �� AC AIR SB SIGNAL BOX SP SIGNAL POLE sale 1100 SS SANITARY SEWER VICINITY MAP SW SIN).SKAILIT NOT TO SCALE GAR GAS MARKER Z( TISK TELEPHONE MARKER TSN TRAFFIC SIGN UGC UNDERGROUND CABLE MARKER a,ew.e EIS ELECTRIC METER GM GAM I HAILLINIK L, °NUMLNI INo. EM. I A=027115'23" ORIVE N 89115'33"E IN INSTI MEOVIN R=750 —t. "'ev] 264.00' R L=356.78' _ "._'u`'_ — Ch L=353.43'� w He HANDICAPPED 'p" EIS ELECTRICMETE '! MP METAL POST a MB MAIL Box :. Lor �z BLLB BILLBOARD Ch B=N75°3749 E� _ h r \ o N 22 casEHs of ESTATES aHnsE j rv. _ CABINET Al PAGE 8e4 p woo VOLUME Glee PACE uac ` ah� aE `� LEGEND e _ Lo.,,.a«.E LENn COURT oz 1/2 GIH5 ,.. urGUNu -. I rn / — z x NJUNu i Rs 1rz D SET �rs1vP o*EWER,. _cM c LLNG MONUMENT mE 0,0,1 av1 � � CM 5 _ oh- xE -' aEaEm,E.o - mrehre.M,E E k ry z CMEEEEE � TIZNAUMAN „,,,,,r,L 5..rc 5 "re"` she 3 00 9< N °3751 S 89 55 33 E 0 00 ZONED 26 86 M _ 80 Lr iLu c LEESA COURT ff 4 68e 21,111E LANE ACCESS ♦ ,xF 68 E 2 Q s - �� +u<u.YEn r ChB=N °4905 �`"' irYr Mm utOi O Q% POINTNG _ h n E L ° ? BEGINNING 4014°2627 VOLUME 5188 E2505 Ff 9E ^ 15475 ACRES 61 ~7 O a EUEM s / `� . R-1,10000 (B04]]2 SO FT) _ -OCI«� L 277.24 1 , - z ars en 46,2E B E, INC Ch L=276 51 463.97 S 89 52 20 W p W O u �su< ChB-N82°5114E De3z FIRE STATION NO9 iOFmc EMwNDEROFrRACT4 re,m - E SIDE a ADDITION RLOT 1 BLOCK ..u.E fq Z m E� „e" aEVELOEP VOLUME PAGE ADDITION O "� w _ w t �H WATER )55 CC uBmB atoma6eeao � m,aVe lam�o �pv PORTION OF TRACT "s CHARLES COURT vxO w E _ m 0 to 0 0 ANKLE e a o \ EPSEMEM \� Va COLUMN. I•fb 1068.19- S89°5220 W\ EE v°,PE T � a BaEE m 'le a �A sure a MAMILLEN ROAD ` EllIEGE i Ls, VEX vv�a sNpsr ,,E HE ® G R 298 Lim w.�f v q `\ ,11111.511..wa P ax a c a L :vnbfz -s w vhs1'1. (vnnabewtltho -No) MaMMm1.1.1 w� Prefmnary Plat forRVew Purposes Only Pi: PRELIMINARY PLAT Preliminary Plat for Review Purposes Only^ . VOLUME_,PAGE CREEKSIDE SOUTH BENCH MARKS: APARTMENTS ADDITION LOT1,BLOCK " 2 r,00u no it BM#1-RR Spike In power pole located on the south sitle of M cM!Hen Roatl,108.B±south of the south JOHN W.MITCHELL SURVEY,ABSTRACT NO.580 N InsuranceAccording to the Federal Emergency Management Agency Flood Rate p Community Panel No. east comerofTact 2. CITY OF WYLIE,COLLIN COUNTY,TEXAS i 4555w41sJ,dated June L,2559 this ProPerA itnin Hood tonex Elev.!.54375 feet ENIKINETH SUHVENSIT ITANTH SHEET determined to be outside the 0 2/annual chance,00d plain.(Areas determined to be outside the Winkelmann&Assoc Winkelmann&Assoc SC BODNER COMPANY500 year it pain) BMt12-RR Spike In power pole located at the northeast corner of the Intersect!.of McMillen Road and 6750 Hillcrest Plaza Drive 6750 Hillcrest Plaza Drive McCreary Roatl,9.1'±east of the east curb line of McCreary Roatl. INDIANAPOLIS,IN 4621E I his tlood statement does not implythat the property and/or the structure thereon will be tree trom flooding or tloodnatualeases Thwsilootlstatement shallnot create lie y p ofNes y Teas yman matle Mr Elevatorv50B 00 feet fax 972 490 7099 09,49/595 3 OWNERS CERTIFICATE NOW,THEREFORE,KNOWN ALL MEN BY THESE PRESENTS: SURVEYORS CERTIFICATE 5 a„gas STATE OF TEXAS § THAT SC BODNER COMPANY,does hereby bind themselves and their heirs,assignees and successors of title this plat I,Leonard J Lueker,a Registered Professional Land Surveyor,licensed by the State of Texas,affirm that this plat was a ag COUNTY OF COLLN § during field an addition to the City of Wylie,and do hereby dedicate to the public use forever the streets,alleys,and right-of-way operations and other reliable documentation,a.that this plat substantially complies with the Rules and g ons or WHEREAS SC BODNER COMPANY is the owner a tract of land situated in the John W Mitchell Sury ey,Abstract easements shown thereon,and do hereby reserve the easement strips shown on this plat for the mutual use and me Texas Board of Professional Land yg,a.Texas Local Government Code, p 212. Ey E'mf, Number 589,City of Wylie,Collin County,Texas,and being a portion of Tract 4 as described in deed to Creeks. accommodation ot garbage collection agencies and all public utilities desiring to use or using same.y public utility Development,Inc,recorded in County Clerk's File No 20121231001666860,Deed Records of Collin County,Texas shall have the right to remove and keep removed all or part ot any buildings,tenses,trees,shrubs,or other improvements Dated this Y y �`a _ (D H C C I),a portion ot a tract ot land as described in deed to City ot Wylie,recorded in County Clerk's File No or growths that in any way endanger or interfere with the construction,maintenance or etticiency ot its respective systems M e 281.h1.88,J,J8,D H C C I,and being all ot Lot J,Block 1,Fire Station No 4 Addition,an addition to the City ot on Wylie,Collin County,Texas according to the plat thereof recorded in Volume ,Page ,Plat Records,Coll of these easement and ublic shall at all times have the ht of ress and in =y aress to and from .7€r I®� ),and being more particularly described as follows permission of anyone This oWylie,Taos. glat approved tect to all platting ordinances, regulations an resolutions of the Y PRELIMINARY Ths NoNt moot SM1all Not No Remrdetl For Any Purpose. ba do:ge BEGINNING at a 1,inch iron rod with red plastic cap stamped"WAI"set for the northwest corner of this tract,and the Leonard J Lueker . q Flagi southwest corner of Lot 8,Block E of e Estates,Phase One according to the Plat recorded in Cabinet N,Slide Registered Professional Land Surveyor 2' 94,Plat f Collin ounty,Texas, THENCE along the osouthe y e of said Creeks.Estates the follo g rses,antl distances. SCTBOONERVCOMPANY THIS T DAY 2013. U e,Suite 325 NI �eWinkelmann,Associates,Inc 5cF South 89 deg hh min.sec Last,a distance ot th.teet to a hi.8 inch iron rod tound tor corner,and the beginning ot a (9]Ilas,Texas 2)490 7090 c curve to the lett having a radius ot 1,188 88 tee,a central angle ot 14 g th min,sec,a chord g min la sec East and a chord g f27651 feet, bearing Patricia T Ash Vice Pres § B tAol=er curve to the left,an arc distance of2T1.24 feet,to a 1,inch iron rod with red plastic cap stamped"WAI"set COUNTY OF OALLAS § g STATE OF Before me,the undersigned authority,a Notary Public in and for the State of Texas,on this day personally North 75 deg 38 min 00 sec East,a distance of 189 26 feet to a 1,inch iron rod wrth red plastic cap stamped"WAI"set CVurvtY OF Leonard J known to me to be the considerations there, g sed erson whose name is subscribed to the foregoing instrument and angle.r corner and the beginning of a curve to the left having a radius of 2000 00,a central f13 g min 51 sec,a acknowledged me that he executed the same for purpose and ea : chord bearing of North 68 deg 49 min 05 sec East and a chord length of 474 68 feet, Patricia I Ash,Vice President ot KHUP Inc,an Uhio corporation and the general partner ot Kroger I exas L P,an Uhio limited partnership,appeared before me this day and acknowledge that she Uiven under mY ha.a.seal ot ottice.this daY ot ,281J Along said curve to the left,an arc distance 0,475 80 feet,to a 1,inch iron rod with red plastic cap stamped"WAI"set executed this instrument on behalf of the corporation,which acted for the partnership tor corner and the beginning ot a curve to the right having a radius ot,8 88 tee,a central angle ot,deg,min, ,D, sec,a chord bearing ot North,deg J.,min.sec Last a.a chord length ot...J.teet, GI,N UNDER MY HAND AND SEAL OF OFFICE Notary Public in a.for the State of Texas co North 89 deg 15 min 33 sec East,along the north line of said Lot 3,Block 1,a distance of 264 00 feet to a 1,inch iron rod with red plastic cap stamped"WAI"set for corner,from which a 5,8 inch iron rod found bears North 82 deg 12 min 43 Notary Public in a.for State of Ohio sec East,0 54 feet, "Selling a portion of this addition by metes a. My Commission Expires withholding ot utilrlies a. THENCE South 00 deg 08 min 33 sec West,departing said south line,a.along a west line of said Creeks.Estates, LI '170'Ff southeast f said Lot 1/2nch l antl rod with red heaplastic VNTN MY HANO,THIST DAY 2➢13. mme buildingP is bounds savoatono y tlnancoantl State Lawantls t mtnesantl W,F 0 Phase I Addition and the east line ot said Lot J,Block 1,a cap stamped"W.set tor corner,said iron rod being the the st of Lot 1,Block 1 of said Fire Station No.4 AtltlAion, SC SOONER COMPANYPlanning g Commission Date -Oz OHO THENCE South 89 deg 52 min 20 sec West,departing said west line of Creeks.Estates,Phase I Addition a.along City ot Wylie said common lot line,passing at a distance of 263 97 feet the southwest corner of said Lot 3,Block 1 a.the northwest 5 ,1'jiSg corner of said Lot 1,Block 1,in all a total distance of 463 97 feet to a 1,inch iron rod wrth red plastic cap stamped"WAI" BY set for comer,said iron rod being the northwest comer of Lot 2,Block 1 of said Fire Station No Addition, Title 'Approved tor Construction" THENCE South 00 deg 08 min 33 sec West,departing the north line a.along the west line of said Lot:,Block 1,a plastic cap stamped"W/Al"set tor corner in the north right-ot-wa line of McMillen Hoatl(variable widthg sway)antl g southwest comer of said Lot G,Block 1, Y Y Y lexas Date THENCE South 89 deg 52 min 20 sec West,departing the west line of said Lot:,Block 1 a.along the north line of said McMillen Road,a distance of 1068 19 feet to a 1,inch iron rod with red plastic cap stamped"WAI"set for corner,said iron rod being the southwest corner of this tract, Mayor,City of Wylie,Texas pate THENCE North 00 deg 04 min 27 sec East,departing said north line,a distance 0,435 02 feet to the POINT OF BEGINNING CUN IAININU within these metes a.bounds,884,2 square teet,or 18 4,acres ot land more or less I he undersigned,the Crty Secretary ot the City ot Wylie,I exas,hereby certifies that the toregoing tinalplt ot the CHELKSIDE Council on the day of utilizing oshack VHS Network,N.rJJ,State wainBearings shown hereon are based upon an u(Vntivalund ¢P)enormetl in the fiem on the tit y June,Gut.i, S ,281J,and the Council,by tormal action,then and there accepted the dedication ot streets,said Council further N tl easements, public places,a.water a.sewer lines as shown a.set forth in a.upon said plat a. vMayor Cmesenmemeacceptance mere vsigning his Aon�iasM1eremabeve subscribed �i euno a erau ens a SIC 23D I 5.00an '.-enQ Yi- 52 § U y 0 i fm» � I- a w C C = a "Preliminary Plat for Review Purposes Only" PRELIMINARY PLAT CREEKSIDE SOUTH $ APARTMENTS ADDITION LOTI,BLOCKA ' - - - JOHN W.MITCHELL SURVEY,ABSTRACT NO.589 °1 CITY OF WYLIE,COLLIN COUNTY,TEXAS SHy�T 6 _2. 6750 t Plaza DrivePlaza Drive [5 INDIANAPOLIS,IN 46278Dallas,Texas 75230 Dallas,Texas 75230 ®M ph 9/2-4984898 ph 9/2-4984898 tax5724907099 fax5724907099 1 : Wylie City Council •is • I s7 AGENDA REPORT ,7F ak riTM.s Meeting Date: October 22,2013 Item Number: H (City Secretary's Use Only) Department: Planning Prepared By: Charles H. Lee,AICP, CBO Account Code: Date Prepared: October 9,2013 Budgeted Amount: Exhibits: 1 Subject Consider and act upon, approval of a Preliminary Plat for Kreymer Estates Phase II consisting of 23.171 acres for 60 single family residential lots and 2 open space lots dedicated to the City of Wylie, generally located west of W.A. Allen Boulevard, south of E. Brown Street. Recommendation Motion to approve, a Preliminary Plat for Kreymer Estates Phase II consisting of 23.171 acres for 60 single family residential lots and 2 open space lots dedicated to the City of Wylie, generally located west of W.A. Allen Boulevard, south of E. Brown Street. Discussion APPLICANT: Tipton Engineering Inc. OWNER: Bloomfield Homes, L.P. The property totals 23.171 acres and will create sixty(60) single-family residential lots and two (2) open space lots for park and recreational purposes. The subject property is part of the overall 35.67 acres of the Kreymer Estates development approved in January 2012 as a Planned Development District. The overall PD was broadened and expanded in August 2013; therefore the designated and adopted zoning is PD 2013-33. The plat shall also dedicate necessary rights-of-way, utility easements and floodway and drainage easements. The Preliminary Plat complies with the approved Development Plan. Planning & Zoning Commission Discussion At their October 1, 2013 P&Z Commission meeting; the Commission recommended approval by vote of 7-0 after discussion & clarification regarding minimum lot size for this phase of neighborhood. The minimum lot size in this phase is 8,500 sq. ft. The plat is subject to additions and/or alterations to the engineering plans as required by the Engineering Department inclusive of pending Flood Study. Page 1 of 1 ®2DIT We=t.aab B,ate==a�al ee,��e= h� HNo7B 0 Co RED°`0°w"4AasIT v /11 R0'NST,20o9/0�0017„s00�0N BROWN STREET T U ___ _ (a vvreuetc vnoT.+akin-or-vurJ POINT OF \ /e'elRs �BEGNNT.OL I- --� S 88152145'E_ i�.59 s/ebwr B 88'S9'03"E 404.81' /e nar E.Brown F 1aa' so' a lac 200' L / r,_, �s„ 4.7 s �zs.3 T,tao3 T,. „ --I —L— — � SUBJECT 3 V TRACT 3/2 "— N1 oo I //5 1 6 11 one JEC u ) m " °.W � 2 e SHELDON DRIVE -I �� — ��V/ 0, C .R.C... a 2e R 5 BB'S0'11"E , - _� s ,4r �.• 1 _ 0 i na'0 as 171.461 o3 25/00010- - �4 l�l d 1 ,am t.t. iF4�PA662, I a§ d II z 8i _ yP�Q. VICINITY MAP , 2 is I 9E�c N.T.S. F a T sC°Sig a I gA 1 0 wss a •' S'i it ,� J A I I 0 10 6 / Public Utlllty sl t .,1 i�,I A o V I —— s'uE E—,e0t t� "DE u ad m ro,, —sDE a VOLa.R.7aT. '° T gr / „s o I11 4 9. BLOCK �° `'° v z i �� aBENa u 112 ( ','',",,'"'1, ,w c,\ �,MBO , o LE-7 eL x 10 Public Ut'I't /I `// zorlE a \ � �z 'Y 2� -\0.\q'\ u Esin�Es I STREET Easement Y a �� ^� 1 -� Typical Public Utility Easements z , eVD 50 1 d .e.c 0T0 T 4 (where shown) -- g�� L z esos -�\ S'�-„„-qq,, '.p P ®°qs y ry� I!/ P�4 \oo•.4. e �,OQ'�s°'WWCF°°Po."Aeoews f.'.4 ,,g4g0 "soa,.,,,.1 ,�, L 222, . , 0. °'O 12' 40" o e o 9�t ,6°' I-0_)„—__o 5�_ / 1 -- N 0� -0.,I 4 . 4,a, /4 az )— � 2 p 1 Street J �,.,s. ," �. �^ � --L 10`',00'Street & \ °'N' w� an ,'� ) 1 ' 1 z sidewalk Esrot. Clip _ _ 2� TANBRIDGE DRIVE 1 ZONE'0 '„A0�° : .:R :v ..;NG DISTANCE 120 0 B'W s/ammo l —— —_ EwE pc Ps4 aErrt L1 025049 7638 L2 22'20 49 W 5058 —� M 5 I � 1(/120.p0' 1 2, v s 1 L3 22 20 49 W --'-- p L4 43,5055 W 102.86 T 9 e '1`N I I` h——t——Al r——-� L6 38'�0'02"E 22.50' I LI A Le 51'zaao"w ss.az' �,\ .T �,�— 27 as 6 PRELIMINARY PLAT L9 72'24'289 E 70.11' OF L10 15'29'59'W 37.20' L. 28'29'109 E 45.3 KREYMER ESTATES o L12 02.566429 W 6z 00 CURVE CENTRAL ANGLE RADIUS CHORD BEARING CHORD LENGTH ARC LENGTH PHASE C2 31'20'279 250.00' S 67'33'1119 E 135.47' 137.1R OUT OF THE FRANCISCO DE LA PINA SURVEY,ABSTRACT NO. 688 LEGEND IN THE SURVEYOR'S NOTES CITY OF WYLIE,COLLIN COUNTY,TEXAS 538''CIRS 538"IRON ROD WITH YELLOW PLASTIC CAP 23.171 ACRES STAMPED "WESTWOOD PS"SET 1) BASIS OF BEARING IS THE FINAL PLAT OF KREYMER ESTATES PHASE 1,AS 2 OPEN SPACE LOTS 5/8"CIRF 538"IRON ROD FOUND WITH PLASTIC CAP RECORDED IN VOLUME 2013, PAGE 177-178, AND IN DOC// 60 RESIDENTIAL LOTS STAMPED"WESTWOOD PS"FOUND 20130502010001260, D.R.C.C?. BLOOMFELD HONE L.P. NOTICE, OWNER: O.P.R.C.C.T. OFFICIAL PUBLIC RECORDS, COLLIN COUNTY,TEXAS 2) ALL CORNERS SET ARE MONUMENTED WITH A 5/8"DIAMETER IRON ROD WITH SELLING A PORTION OF THIS ADDITION BY METES AND BOUNDS IS A VIOLATION SU E.HIGHWAY 114 OITE 210 P.R.C.CT. PLAT RECORDS, COLLIN COUNTY,TEXAS YELLOW PLASTIC CAP STAMPED "WESTWOOD PS UNLESS OTHERWISE NOTED. OF CITY SUBDIVISION ORDINANCE AND STATE PLATTING STATUTES AND IS SUBJECT SOUTHL4KE,TEXAS 76092 TO FINES AND WITHHOLDING OF UTILITIES AND BUILDING CERTIFICATES. 817-416-1572 D.R.C.CT. DEED RECORDS, COLLIN COUNTY,TEXAS 3) ALL COORDINATES SHOWN ARE TEXAS STATE PLANE, NA083 (CORS96),TEXAS BL BUILDING LINE NORTH CENTRAL ZONE 4202, NAVD88, U.S. SURVEY FEET WITH A COMBINED ENGINEER/SURVEYOR: Nonn nnO�P<1n�r UE UTILITY EASEMENT SCALE FACTOR OF 1.000151575. ��TIPTON,ENGINEERING Nd sty clang.Tr:,',. ae 0 STREET NAME CHANGE z 1e 509729793-0300 50 Flro Na.F-11756 THIS PLAT FILED IN CABINET ,SLIDE P.R.C.C.T. SEPTEMBER 19, 2013 SHEET 1 OF 2 u LEGAL DESCRIPTION NOW, THEREFORE KNOW ALL MEN BY THESE PRESENTS: ti 23.171 ACRES a That, BLOOMFIELD HOMES L.P., acting herein by and through its duly authorized officer, does hereby 3 adopt this plat designated therein above described property as KREYMER ESTATES PHASE 2, an addition 0 Whereas Bloomfield Homes is the sole own a of a 23.171 acre tract of land situated in the to the City of Wylie, Texas and does hereby dedicate to the public use forever the easements and CO' s e Francisco de Io Pina Survey, Abstract Noe 688, City of Wylie, Collin County, Texos and rights-of-way a shown thereon. The easements shown hereon are hereby reserved for the purposes V being part of a of a tract of land conveyed to Bloomfield homes. LP by deed recorded in indicated. No buildings, fences, trees, shrubs other improvements or growths shall be F County Clerk's File No. 2011 228001 399 91 0, Deed Records, Collin County, Texas and o port constructed or placed upon, over or across the easements and right-of-ways as shown. Said utility a of a 40.549 acre tract of land conveyed to Archie A. Kreymer and Nora M. Kreymer b easements being hereby reserved for the mutual use e and accommodation of all public utilities desiring veye ymer ymer y to useusing s unless otherwise specified. All and any public utility shall have the full right to deed recorded cn Volume 522, Page n 618, Deed Records, Collin County, Texas, said 23.171 remove and keep removed all or ports of any buildings, fences,trees, shrubs a other improvements V acre tract being more particularly described by metes and bound os follows: r growth which may inany way endanger o o interfere with the c nstruction, maintenance o efficiency V of its respective system on the utili easement ty. e ent and all public u-hh ies shall all times have the full Q BEGINNING of o 5/8 inch iron rod with yellow plastic cap stomped "WESTWOOD PS"found right of ingress and egress to or from and upon the said utility easement for the purposes of LI for the northwest corner of Kreymer Estates Phase 1, a addition to the City of Wylie, removing port of its respective systems without the necessity at any time procuring the Collin County, Texas as corded in Volume 2013, Page 177-178 and in Document No. permission mission of anyone. 20130502010001260,Officol Public Records,Collin County,Texas; V THENCE along the west line of said Kreymer Estates Phase 1, and the common east line 0 of the remainder of said Bloomfield Homes, LP tract the following courses and distances; WITNESS MY HAND this day of .2013. South 01 Degrees 09 Minutes 52 Seconds West, a distance of 170.00 feet to a 5/8 f mch iron rod with yellow plastic cap stamped "WESTWOOD PS'found for corner; a South 88 Degrees 50 Minutes 11 Seconds East, a distance of 171.46 feet to a 5/8 BLOOMFIELD HOMES. L.P. 0 inch iron rod with yellow plastic cap stamped "WESTWOOD PS'found for corner, By: BLOOMFIELD PROPERTIES. INC. GENERAL PARTNER 1 South 02 De 51 Minutes 10 Seconds West,a distance of 633.66 feet; 0 Degrees By a South 46 Degrees 04 Minuses 56 Seconds West,a distance of 229.23 feet; DONALD J. DYKSf RA. President "Recommended for Approval" C_ South 06 Degrees 43 Minutes 15 Seconds West, a distance of 159.77 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS"set for corner; Chairman,Planning&Zoning Commission Dote South 02 Degrees 50 Minutes 49 Seconds West, a distance of 76.38 feet to a 5/8 THE STATE OF TEXAS )( City of Wylie.Texas V inch iron rod with yellow plastic cap stamped "WESTWOOD PS"found for corner; COUNTY OF TARRANT )( Q North 87 Degrees 09 Minutes 18 Seconds West, a distance of 120.00 feet to 0 5/8 "Approved far Construction' inch iron rod with yellow plastic cap stamped "WESTWOOD PS"found for corner, BEFORE ME the undersigned authority,on this day personally appeared whose name is subscribed to South 54 Degrees 27 Minutes 43 Seconds West,a distance of 172.32 feet: the foregoing instrument and ockoowledged to me that the same os the act of said BLOOMFIELD HOMES,L.P.and Mayor,City of Wylie,Texos Dote that he executed the same as the act of such partnership lathe purposes and consideration therein expressed THENCE, North 22 Degrees 20 Minutes 49 Seconds West, departing the west line of said and in the capacity therein slated Kreymer Estates Phase 1 and continuing along the west line of said Bloomfield Homes LP tract,a distance of 50.58 feet;to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS"set for corner, "Accepted" Thence over and across said Bloomfield Homes LP tract, the following courses and GIVEN UNDER MY HAND SEAL OF OFFICE, this day of ,2023. distances: Mayor,City of Wylie,Texas Date North 22 Degrees 20 Minutes 49 Seconds West, a distance of 52.23 feet: North 43 Degrees 50 Minutes 55 Seconds West, a distance of 102.86 feet: Notary Public in and for the State of Texas North 61 Degrees 16 Minutes 04 Seconds West, passing at a distance of 42.29 feet The undersigned,the City Secretary of the City of Wylie,Texas,hereby certifies the west line of said Bloomfield Homes LP tract and the common east line of said that the foregoing final plat of the subdivision or addition to the City of Wylie was Archie A KreymerTract, for a total distance of 40247 feet: any 8 inch iron rod submitted to the City Council on the day of 2013, / SURVEYORS CERTIFICATE and the Council, by formal actin,then and there accepted the dedicoiin of with yellow plastic cap stamped "WESTWOOD PS"set for corner, streets,alley, parks,easement,,public places,and water and sewer lines as shown THENCE OVER AND ACROSS SAID Archie A. Kreymertract, the following courses and ry,L. Dickens,Registered Professional Lond Surveyor for Westwood,do hereby certify that and set forth In and upon said plot and sold swung further oeoeuaas rued g Har gis yor y r y the Mayor to nose the acceptance thereof by signing his n s hereinabove distances: the plat shown hereon accuratelydirection represents the results of an on-the-ground survey corners made in February,2013,under my direction and supervision,and further certify the all c subscribed. North 20 Degrees 59 Minutes 37 Seconds West, a distance of 240.36 feet; shown thereon,and that said plat has been prepared in accordance with the platting;rules and Witness my hand this day of A.D.,2013. reguioiions of the City of Wylie,Texas; North 14 Degrees 29 Minutes 58 Seconds East,a distance of 344.23 feet; North 01 Degrees 40 Minutes 32 Seconds West, o distance of 398.82 feet to 0 5/8 Date:This the Day of 2013. inch it rod with yellow plastic cap stamped "WESTWOOD PS"set for c n the City Secretary north lone of said Archie A Kreymer tract and the common south right-of-way line of Released for review only.8-1-2013 City of Wylie,Texas said Brown Street a recorded In Instrument No.0200 911 03001 341 9 00,deed Records, accordance with Texas Board of Professional Land Surveying Rule 663.18(c), Collin County,Texas; 29 T.A.C. 663.18(c)this is a preliminary document, and shall not be signed or sealed. "Preliminary,this document shall not be recorded for any purpose:' THENCE South 88 Degrees 52 Minutes 45 Seconds East, gong the north line of said Archie A Kreymer tract and the c south right-of-way line of said Brown Street,a distance Harry L.Dickens of 382.59 feet to a 5/8 inch off nal iron rod with yellow plastic cop stamped 'WESTWOOD PS" Registered Professio Land Surveyor A found for the northeast corner of said Archie A Kreymer tract and the common northwest No.5939 PRELIMINARY PLAT corner of said Bloomfield Homes LP tract; OF THENCE South 88 Degrees 59 Minutes 03 Seconds East, gong the north line of said KREYMER ESTATES Bloomfield Homes, LP trod, a distance of 404.81 feet to the POINT OF BEGINNING and THE STATE OF TEXAS )( PHASE 2 containing 23.171 acres 1009318 square feet of land more or less. COUNTY OF DALLAS )( OUT OF THE FRANCISCO DE LA PINA SURVEY,ABSTRACT NO. 688 IN THE BEFORE ME,the undersigned authority,on this day personally appeared Harry L. Dickens,whose CITY OF WYLIE,COLLIN COUNTY,TEXAS name s subscribed to the foregoing instrument and acknowledged to me that the s 23.171 ACRES the act xe of the sold WESTWOOD,and that he ecuted the some a s the act of such aarpa corporation for the purposes and consideration therein expressed,and in the capacity therein stated. 2 OPEN SPACE LOTS 60 RESIDENTIAL LOTS GIVEN UNDER MY HAND SEAL OF OFFICE, this day of ,2013. OWNER: BLOOMFIELD HOMES L.P. 1050 E.HIGHWAY 114 NOTICE: SUITE 210 SELLING A PORTION OF THIS ADDITION BY METES AND BOUNDS IS A ION SOUTHLAKE,TEXAS 76092 ORDINANCEOF CITY SUBDIVISION STATE AND IS BIT-416-15]2 SUBJECT TO FINES AND WITHHOLDING OF UTILITIES AND BUILDING CERTIFICATES. ER/SU Notary Public m and for the state of Texas ENGINEER/SURVEYOR: TIPTON ENGINEERING s, SNoor1h�g�rdhn,a503B a dloision of Westwood 05(952)55,006 O.No.F-11756 THIS PLAT FILED IN CABINET ,SLIDE P.R.GGT. SEPTEMBER 19, 2013 SHEET 2 OF 2 : Wylie City Council fir. ., AGENDA REPORT •18S7. ,7F a'riTM.s Meeting Date: October 22,2013 Item Number: I (City Secretary's Use Only) Department: Planning Prepared By: Renae' 011ie Account Code: Date Prepared: October 9,2013 Budgeted Amount: Exhibits: 5 Subject Consider, and act upon, Ordinance No. 2013-40, amending the Comprehensive Zoning Ordinance of the City of Wylie, as heretofore amended, so as to change the zoning on the hereinafter describe property, zoning case number 2013-06; repealing Ordinance No. 2007-35-neighborhood services (PD-NS), containing 4.86± acres of land situated in the City of Wylie, Collin County, Texas at the northeast corner of Collins Boulevard and FM 544, and being 1151 and 1155 Collins Boulevard, and also being described as Lot 1 and Lot 2 of Block E in the Lake Trails of Bozman Farm Addition as recorded as document #2004-0041078 in the plat records of Collin County, Texas and placing the same in the zoning classification of Planned Development Single Family Detached District (PD2013-40-SF) to accommodate the continuation of Single Family Residential Subdivision (PD 2002-52); providing for repealing, savings and severability clauses; providing for a penalty for the violation of this ordinance; providing for an effective date of this ordinance; and providing for the publication of the caption hereof Recommendation Motion to approve, Ordinance No. 2013-40, amending the Comprehensive Zoning Ordinance of the City of Wylie, as heretofore amended, so as to change the zoning on the hereinafter describe property, zoning case number 2013-06; repealing Ordinance No. 2007-35-neighborhood services (PD-NS), containing 4.86+ acres of land situated in the City of Wylie, Collin County, Texas at the northeast corner of Collins Boulevard and FM 544, and being 1151 and 1155 Collins Boulevard, and also being described as Lot 1 and Lot 2 of Block E in the Lake Trails of Bozman Farm Addition as recorded as document #2004-0041078 in the plat records of Collin County, Texas and placing the same in the zoning classification of Planned Development Single Family Detached District (PD2013-40-SF) to accommodate the continuation of Single Family Residential Subdivision (PD 2002-52); providing for repealing, savings and severability clauses;providing for a penalty for the violation of this ordinance; providing for an effective date of this ordinance; and providing for the publication of the caption hereof Discussion Owner: Development Solutions BZ, LLC Applicant: Ridinger Associates, Inc. Zoning Case 2013-06 requires an Ordinance to amend the zoning accordingly in the Official Zoning map of the Page 1 of 1 Page 2 of 2 City; and providing a penalty clause, a repeal clause, a savings clause, a severability clause, and an effective date. Exhibits A, B, C, & D are included and made a part of this Ordinance. Exhibit B states the purpose of the amendment and establishes the design guidelines including,but not limited to density and lot mix: - A maximum of 25% of the single family residential lots will be greater than 7,500 sq. ft. but less than 8,500 sq. ft. all others greater than 8,500 sq. ft. - Lot categories shall be consistent with the zoning of the Bozman Farms development(PD No. 2002-52). - No parking allowed on Collins Boulevard,but accessible via a slip street. The above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. ORDINANCE NO. 2013-40 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBE PROPERTY,ZONING CASE NUMBER 2013-06; REPEALING ORDINANCE NO. 2007-35-NEIGHBORHOOD SERVICES (PD-NS), CONTAINING 4.86± ACRES OF LAND SITUATED IN THE CITY OF WYLIE, COLLIN COUNTY, TEXAS AT THE NORTHEAST CORNER OF COLLINS BOULEVARD AND FM 544, AND BEING 1151 AND 1155 COLLINS BOULEVARD, AND ALSO BEING DESCRIBED AS LOT 1 AND LOT 2 OF BLOCK E IN THE LAKE TRAILS OF BOZMAN FARM ADDITION AS RECORDED AS DOCUMENT #2004-0041078 IN THE PLAT RECORDS OF COLLIN COUNTY, TEXAS AND PLACING THE SAME IN THE ZONING CLASSIFICATION OF PLANNED DEVELOPMENT SINGLE FAMILY DETACHED DISTRICT (PD2013-40-SF) TO ACCOMMODATE THE CONTINUATION OF SINGLE FAMILY RESIDENTIAL SUBDIVISION (PD 2002-52); PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; and WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that Ordinance No. 2007-35 should be repealed in its entirety (Zoning Case No. 2013-06) as set forth herein; and WHEREAS, a request was made by Development Solutions BZ, LLC ("Owner"), and Ridinger Associates, Inc.. ("Applicant") to rezone the following Property (hereinafter defined) containing 4.86± acres of land situated in the Lake Trails of Bozman Farm Addition, Lot 1 and Lot 2 of Block E, currently zoned Planned Development Neighborhood Services District (PD2007-35-NS), and being more particularly described in Exhibit "A ", attached hereto and incorporated herein for all purposes; and WHEREAS, the City Council has investigated and determined that the facts contained in the request are true and correct; and Ordinance No.2013-40 -Amending Comprehensive Zoning Ordinance-Repealing Ordinance No.2007-35 4.86±Acres-Lot 1 And Lot 2 Of Block E-Lake Trails of Bozman Farm Addition PAGE 1 OF 3 NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of Planned Development Single Family (PD2013-XX-SF), said property being described in Exhibit "A" (Legal Description), Exhibit "B" (PD Conditions), and Exhibit "C" (Development Plan/Model Exhibit Phase 1 ), and Exhibit "D" (Development Plan/Model Exhibit Phase 2) attached hereto and made a part hereof for all purposes. SECTION 2: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3: That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4: Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5: Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6: This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7: The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 22nd day of October, 2013. ERIC HOGUE, Mayor Ordinance No.2013-40 -Amending Comprehensive Zoning Ordinance-Repealing Ordinance No.2007-35 4.86±Acres-Lot 1 And Lot 2 Of Block E-Lake Trails of Bozman Farm Addition PAGE 2 OF 3 ATTESTED TO AND CORRECTLY RECORDED BY: Carole Ehrlich, City Secretary DATE(S) OF PUBLICATION: , in the Ordinance No.2013-40 -Amending Comprehensive Zoning Ordinance-Repealing Ordinance No.2007-35 4.86±Acres-Lot 1 And Lot 2 Of Block E-Lake Trails of Bozman Farm Addition PAGE 3 OF 3 Exhibit"A" Legal Description Zoning Case # .201,3•O BEING situated in the City of Wylie, Collin County, Texas at the northeast corner of Collins Boulevard and FM 544, and being 1151 and 1155 Collins Boulevard, and also being described as Lot 1 and Lot 2 of Block E in the Lake Trails of Bozman Farm Addition as recorded as Document#2004-0041078 in the Plat Records of Collin County, Texas. Bozman Farms Model Center Zoning Page 1 of 6 Revised 7/30/2013 Exhibit"B" Conditions of the Planned Development District Zoning Case# g0(3'a c The following conditions shall apply to said property included in the Legal Description in Exhibit "A" of this zoning ordinance. Lot 1 and Lot 2 of Block E comprise a total of 2.03 acres of land within the Lake Trails of Bozman Farm Addition as recorded as Document#2004-0041078 in the Plat Records of Collin County, Texas. Planned Development Requirements: I. Statement of Purpose: The purpose of this Planned Development District is to develop single-family residential lots matching the sizes and types of lots in the Bozman Farms development. This development shall serve as the model lots for the Bozman Farms development; therefore, these homes and the development around them will need to closely match what is built throughout the development and what is available to home buyers. Once the model lots are no longer needed, this development will be converted from model homes to residential homes and sold individually to home buyers. II. Statement of Affect: This Planned Development shall not affect any regulation found in the Zoning Ordinance as adopted and amended, except as specifically provided herein; Ill. General Regulations: All regulations providing for a Residential District as set forth in Article 3 of the Zoning Ordinance are included as reference and shall apply, except as otherwise specified under the Specific Regulations within this document. The conditions contained within this document and the conditions of the Zoning Ordinance shall constitute all the zoning requirements applicable to this Planned Development. IV. Development Plan: Development shall be in conformance with the Development Plan attached to this Exhibit; however, in the event of conflict between the Development Plan and the written conditions of this ordinance, the written conditions shall apply. The Development Plan shall serve as a Preliminary Plat for this development. All lots are currently laid out for both Phase I and Phase I I development. V. Development Phasing: This development shall be developed in Two (2) Phases. The improvements made in each phase are listed below. A. Phase I: Initially, Lots 1 and 2 of Block E will be subdivided as shown on the attached Development Plans. Homes will be constructed and shall serve as model homes for the Bozman Farms development. This location does not prohibit additional model homes from being constructed within the development as needed. A parking lot will be constructed on the east end of the residential lots to access the model homes. No parking will be allowed along Collins Boulevard and will be enforced by street signs. B. Phase Il: When the model homes are no longer needed by the homebuilders, the model homes will be converted to residential homes and sold. Driveways to each home will be constructed. The concrete parking lot will be removed, and a one way concrete slip road will be constructed along Collins Boulevard to access the residential lots as shown on the Phase II Development Plan. No parking will be allowed along Collins Boulevard and will be enforced by street signs. Bozman Farms Model Center Zoning Page 2 of 6 Revised 7/30/2013 VI. Specific Regulations: A. Residential Regulations 1. Density: The maximum number of single family residential dwelling units permitted within this Planned Development shall not exceed four (4) units. The remainder area shall include three (3) lots owned by the Homeowner's Association of Bozman Farms. 2. Residential Lot Mix: A maximum of 25% of the single family residential lots will be greater than 7,500 square feet but less than 8,500 square feet in size. All other lots will be greater than 8,500 square feet. Lot categories shall be consistent with the zoning of the Bozman Farms development (PD#2002-52). 3. Average Lot Area: The average residential lot size shall not be less than 9,500 square feet. 4. All houses shall be front entry. Driveway construction may be deferred to Phase 11 of the development. 5. No double front or corner lots shall be included in this development. 6. Lot Area: the minimum permitted lot areas are: a. Lot Type "A" —8,500 square feet b. Lot Type "B" —7,500 square feet 7. Lot Width: The minimum permitted lot widths are: a. Lot Type "A" —70 feet b. Lot Type "B" —65 feet 8. Lot Depth: The minimum permitted lot depth for all lots is 120 feet. 9. Minimum Dwelling Unit Square Footage: The minimum permitted dwelling unit square footage is 1,700 square feet. 10. Main Structure Front Yard: Due to the location of existing trees, the front yard setbacks may vary. The minimum front yard setback shall be 20 feet. 11. Main Structure Side Yard: The minimum permitted side yards are: a. Lot Type "A" —7.0 feet b. Lot Type "B" —6.5 feet 12. Main Structure Rear Yard: The minimum permitted rear yard for all lots is 20 feet. Bozman Farms Model Center Zoning Page 3 of 6 Revised 7/30/2013 13. Accessory Structure Front Yard: Accessory structures shall be located behind the building line of the main structure for all lot types. 14. Accessory Structure Side Yard: The minimum permitted side yard for accessory structures shall be 5 feet for all lot types. 15. Accessory Structure Rear yard: The minimum permitted rear yard for accessory structures shall be 5 feet for all lot types. 16. Accessory Structure Minimum Distance from Main Building: The minimum separation between the main building and an accessory building shall be 5 feet for all lot types. 17. Accessory Structures Building Area: The maximum cumulative building size for accessory structures on any lot shall not exceed 15% of the lot area or 600 square feet maximum. 18. Main Structures Height: The maximum building height of any residential main structure shall not exceed 36 feet on all lot types. 19. Accessory Structures Height: The maximum building height of any accessory structure shall not exceed the maximum height of the residential main structure. B. Residential Architectural Regulations 1. The following architectural regulations shall match the regulations of the Bozman Farms development established within the Planned Development Ordinance 2002-52 since this area is to be used for model residential units for the Bozman Farms Development. 2. Exterior material façade material: All single family residential units shall have a minimum of 75% of the exterior façade on all sides as brick or stone laid masonry units. Cementitious siding can be used on 25% of the exterior façade. These percentages exclude windows, doors and other openings, and glazing shall not exceed 35% of the front elevation of the residence. Dormers or other elements supported by the roof structure are not required to be masonry. This standard does apply to coordinated block elevations, which are intended to convey a historic style or"village" character (e.g., Traditional Neighborhood Design). 3. All units within this development shall have different floor plans and elevations. 4. Residential front entry cover: As a minimum, the front entry of any single family residential unit, which is the entry facing the street on which the unit is located, shall have a covered front porch with a minimum area of forty (40) square feet and a minimum depth of four (4) feet. Bozman Farms Model Center Zoning Page 4 of 6 Revised 7/30/2013 5. Roof: All single family residential units within the Planned Development shall have a minimum roof pitch of 6:12 with asphalt shingles. All painted plumbing vents, attic vents and other roof top accessories shall match the roof shingle color. No wood shingles are permitted. 6. Garages: A two-car garage shall be required for all single family residential units. Attached or detached garages shall be allowed to face the street with no offset from the front façade of the house required for the garage on houses of 2,000 square feet or greater. This provision applies to 100% of the Type "A" lots. C. Single Family Desirable Features: This development is for the construction of model lots for the Bozman Farms development and should be considered a part of Bozman Farms when addressing City requirements such as Desirable Features. Below is a listing of requirements that will be met either within the model lot phase or the Bozman Farms development as a whole. 1. Land Design Requirements a. Single-loaded street along open space: This development fronts an extra-wide median and the entry open space area of Bozman Farms. b. Increased buffer width with no residential lots backing or siding on the thoroughfare: The landscape buffer along FM 544 has been increased and will be enhanced for the entry into the development. A Landscape Plan will be required to be submitted to the City for approval prior to construction. No houses will back to FM 544. c. Provide benches at nodes when adjacent to open space: As a part of the overall Bozman Farms development, benches will be placed when adjacent to open space. 2. Street and Sidewalk Requirements a. Curvilinear Streets: Lots are constructed on a curved portion of Collins Boulevard. The slip road constructed in Phase II will also be on the curve. b. Water feature at entry: As a part of the overall Bozman Farms development, the water feature is a part of the development and adjacent to the model lots. c. Signage at Entry: The Bozman Farms development includes signage at the entry. No additional signage will be provided with this phase of development. d. No streets or crosswalks shall be a part of this development. Bozman Farms Model Center Zoning Page 5 of 6 Revised 7/30/2013 e. All sidewalks parallel to Collins Boulevard shall be five (5) feet in width. The sidewalk shall tie into the existing sidewalk at North Collins Circle. f. Sidewalk Lighting: All street and/or sidewalk lighting within this development will match the pattern and style of the Bozman Farms development. g. No alleys are provided in this development. 3. Architectural Requirements a. All architectural elements of this development shall match those of the Bozman Farms development since this area shall serve as the model homes for Bozman Farms. D. HOA Lot Regulations 1. All lots not designated as residential lots shall be the responsibility of the Homeowner's Association (HOA). 2. The HOA lot at the northeast corner of Collins Boulevard and FM 544 shall be landscaped and maintained by the HOA. Landscape and Irrigation Plans for this area shall be submitted to the City for approval prior to installation of landscaping. 3. HOA lots east of the residential lots shall be landscaped with Common Bermuda grass and any existing trees and maintained by the HOA. These lots are used to convey drainage from the Bozman Farms development. 4. At the conclusion of Phase I, the parking lot shall be removed. This area shall be graded to provide positive drainage, and vegetation shall be established. Bozman Farms Model Center Zoning Page 6 of 6 Revised 7/30/2013 N.(6 m C�Ow:::°° , 1 a y U If 1°4:: 1 CrQ B Ea GRAPHIC SCALE cosERv Esnn.. `"" ae�nl;H it,rkL III I __ on«n e"ao1 FOR REN.ONLY o'ENSEVOL CORP.57.PG PIPELINE ESMi. / /� `' z,z,m_Po„ EXPLORER 964 �I "�`f�0,�,�� PIPELINE PGM661 SAUTE I '0 WLEC6 iI �` ,zrv, L IF LOT 2 LOCK E o� CA 2 zon . _ Fy " ACRES III /, \ Q 5m°i CFARL4ANEOCLLNSO II �� / MP,�iiiiii,l� i.�w Aa�spes,P=e3. --- --_ C'LC21s3-°'B;.4?3 o.P.a. '-r. o-;.,. / 4 k i�i�,ja, Zo.a _ -_' oo_,—,—.—ssna'—. _ Asa ,_ H / / �,,", 8 ,,I-- , \, - - -T~, INc,sPb,,,cs, `'.., �'"', I i i I o �a L �``� t , // q N� ��,',,,,��;� oar o A, , , , - /� ,,,CD ,/- in I I,,E f I , ,6L E_--i u �_ I % �,aI°7, a�a� ! 1 -- 7�� a COLLI.I BLS Ha Cx /' w g"''2:4e" ,,.,� �� SUMMARY TABLE r,� sYn >nzw MISTING ZONING PD 2007-95 2 Fr-Frii ilICCI PROPOSED U36: µ{ m.�e�,,2 / PO RESIDENTIAL PI' ' NUMBER OF LOTS 2 TOTAL 0 " — a...NMI. �I "110e fors �y Lot 2,OBlock Bozm Farm CabinetP.Rr.Page a565 EXHIBIT"C" DEVELOPMENT PLAN Lots 1&2,Block E of Lake Trails of Bozman Farm 2.03 acres Sduated in the Aaron West Survey,Abstract No.979& o u o a Allen Atterberry Survey,Abstract No.23 SHEET in the City of Wylie 1 Collin County,Texas OF 1 (3 c a) h 66 N.'6 m ;. C)2,o a Q U 2e / / — GRAPHIC SCALE COSERH ESIda "T, ,,,,E,, - m�n-,a IE xa /I / - A PIPELINE k 0 30'ENSERCH CORP.PPI EEPNE ESI,. /% X C' r - VOL'I253 / \ I, Rao, \��e�� PIP LINEEXPLORERSS _ I // - N .1A VOLE767. eel "V / n o22Uss•E ¢ 1w VZD i! c5T 5 ACRES I BLOCK E ` \ W 1 111`1 s "" vo,spsftcv +2a __ ccCO RL4ANE COLONS DEW It 6 A/ / Cy �W 11 11111 \li \ / 9CT' - ...xeE.00.:5 L.R°cr'. / / w II,IIH'H_ _ -,f,P-_=i000-.-,-.-eS-PG-.,+-, - , -s, —max �� , W II11 - -==----I:PHs I H --2R % / / W Q W= I% �;;, gri �z - J ' 1 1, , I I f - Lr L1 -� , i11 a-- _ _'oN ,, ,�,, �,(iltLPX 0 asz00 se,040_�° SLIP ROAD } 14 a"•�.Y'" , rs SUMMARY TABLE a >"zw. EXISTING ZONING - ,, PROPOSED GSM PD RESIDENTIAL II—II _, a�sye� '1 TOTAL CD2.' NUMBER OF LOTS L reesmwmlel. � -- 5 20A LOTS i Lot 2 Block X \ Lake Trails oFalco Co P,F(,C Pageo565 -- -- -- -- -- -- -- -- E,111B11"D" DEVELOPMENT PLAN Lots 1&2,Block E of Lake Trails of Bozman Farm 2.03 acres SOcated in the Ul Aaron West Survey,Abstract No.979& o o o a Allen Atterber,y Survey,Abstract No.23 SHEET in the Cdy of Wylie 1 Collin County,Texas OF 1 : Wylie City Council •is ' s7• AGENDA REPORT ,7F ak riTM.s Meeting Date: October 22,2013 Item Number: J Department: Finance (City Secretary's Use Only) Prepared By: Purchasing Account Code: 100-54111-58510 Date Prepared: October 10,2013 Budgeted Amount: $126,000 Exhibits: n/a Subject Consider and act upon, the approval of the purchase of three (3) vehicles from Reliable Chevrolet in an estimated amount of $105,000 through a cooperative purchasing contract with the State of Texas Smart Buy Program No. 071-Al, and authorizing the City Manager to execute any necessary documents. Recommendation Motion to approve, the purchase of three (3) vehicles from Reliable Chevrolet in an estimated amount of $105,000 through a cooperative purchasing contract with the State of Texas Smart Buy Program No. 071-Al, and authorizing the City Manager to execute any necessary documents. Discussion Staff recommends the purchase of the following three (3), 2014 model year vehicles from Reliable Chevrolet in the estimated amount of$105,000 from a cooperative purchasing contract with the State of Texas Smart Buy Program No. 071-A 1. • Streets Department- 3 replacements; 1 Ton Pick-Up Trucks - $105,000 The City is authorized to purchase from the State Contract list pursuant to Section 271 Subchapter D of the Local Government Code and by doing so satisfies any State Law requiring local governments to seek competitive bids for items. Page 1 of 1 ..t,/ OF t : Wylie City Council AGENDA REPORT 411 •1887! '147x ak 7iTM'4 Meeting Date: October 22,2013 Item Number: K Department: Finance (City Secretary's Use Only) 100-5211-58510; Prepared By: Purchasing Account Code: 611-5712-58510 Date Prepared: October 3,2013 Budgeted Amount: Exhibits: n/a Subject Consider and act upon, the rescindment of agenda Item H of the October 8, 2013 Council Meeting for the purchase of six (6) vehicles from Reliable Chevrolet in an estimated amount of$139,402 through a cooperative purchasing contract with the State of Texas Smart Buy Program No. 071-Al. Recommendation Motion to approve, the rescindment of agenda Item H of the October 8, 2013 Council Meeting for the purchase of six (6) vehicles from Reliable Chevrolet in an estimated amount of $139,402 through a cooperative purchasing contract with the State of Texas Smart Buy Program No. 071-Al. Discussion City Council previously awarded the purchase of six (6), 2013 vehicles from Reliable Chevrolet in the estimated amount of$139,402 (10/8/13 Agenda Item H) through the use of a cooperative purchasing contract with the State of Texas Smart Buy Program No. 071-Al for the purchase of the following items: Water Department: Qty 3 Chevrolet Silverado 1500 Pick-Up ($67,740) Water Department: Qty 1 Chevrolet Silverado 3500 Pick-Up ($26,503) Police Department(CID/CAC): Qty 2 Chevrolet Silverado 1500 Pick-Up ($45,160) Due to a conflict in the terms of the contract, the State will not accept orders for 2013 vehicles from dealer stock. This agenda item is to request the rescindment of the previous award, and the purchase of the vehicles will be completed through alternative methods in accordance with state and local procurement laws. Page 1 of 1 : Wylie City Council AGENDA REPORT 411 •1887! Meeting Date: October 22,2013 Item Number: L Department: Finance (City Secretary's Use Only) Prepared By: Purchasing Account Code: 100-5211-58510 Date Prepared: October 8,2013 Budgeted Amount: 100-5211-58510-$120,730 Exhibits: n/a Subject Consider and act upon, the approval of the purchase of five (5) Police Impala vehicles from Reliable Chevrolet in an estimated amount of$110,000 through a cooperative purchasing contract with the State of Texas Smart Buy Program No. 071-Al, and authorizing the City Manager to execute any necessary documents. Recommendation Motion to approve, the purchase of five (5) Police Impala vehicles from Reliable Chevrolet in an estimated amount of$110,000 through a cooperative purchasing contract with the State of Texas Smart Buy Program No. 071-Al, and authorizing the City Manager to execute any necessary documents. Discussion Staff recommends the purchase of five (5), 2014 model year PPV Impala vehicles from Reliable Chevrolet in the estimated amount of$110,000 from a cooperative purchasing contract with the State of Texas Smart Buy Program No. 071-Al. These vehicles are replacement units for existing SRO vehicles that have reached their end of life. The City is authorized to purchase from the State Contract list pursuant to Section 271 Subchapter D of the Local Government Code and by doing so satisfies any State Law requiring local governments to seek competitive bids for items. Page 1 of 1 Cti ;f.,n 1 :NiP Wylie City Council AGENDA REPORT 411 •1887! ,7F or 7iTM'4 Meeting Date: October 22,2013 Item Number: M Department: Finance (City Secretary's Use Only) 100-5XXX-51470 100-5181-56310 Prepared By: Purchasing Account Code: 611-5719-56310 Date Prepared: October 8,2013 Budgeted Amount: $410,195 Exhibits: n/a Subject Consider and act upon, the approval of the purchase of Liability, Auto, Errors & Omissions, Law Enforcement Liability, Real & Personal Property, and Workers Compensation insurance in the amount of $370,289 from Texas Municipal League Intergovernmental Risk Pool for fiscal year 2013-14, and authorize the City Manager to execute any necessary documents. Recommendation Motion to approve, the purchase of Liability, Auto, Errors & Omissions, Law Enforcement Liability, Real & Personal Property, and Workers Compensation insurance in the amount of $370,289 from Texas Municipal League Intergovernmental Risk Pool for fiscal year 2013-14, and authorize the City Manager to execute any necessary documents. Discussion Staff recommends the purchase of Liability, Auto, Errors & Omissions, Law Enforcement Liability, Real & Personal Property, and Workers Compensation insurance in the amount of$370,289 for fiscal year 2013-2014. This is an annual renewal of the City's insurance policy and allows for additional coverage as may be needed during the fiscal year. The City is authorized to purchase from a cooperative purchasing program with another local government or a local cooperative organization pursuant to Section 271 Subchapter F of the Local Government Code; and by doing so satisfies any State Law requiring local governments to seek competitive bids for items. Page 1 of 1 ..t,/ OF t :: Wylie City Council .� . AGENDA REPORT •iss7• I ,7F ak riTM.s Meeting Date: October 22,2013 Item Number: N Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: N/A Date Prepared: October 15,2013 Budgeted Amount: N/A Exhibits: Resolution Subject Consider and act upon, Resolution 2013-24(R) determining a public necessity to acquire certain properties for public use by eminent domain for rights-of-way (in fee simple), drainage easements and related improvements for the construction, access, repair, maintenance and replacement of and/or improvements to the Ballard Avenue Project (from Alanis Drive to the Collin County line); giving notice of an official determination to acquire properties for rights-of-way (in fee simple), drainage easements and related improvements for the Ballard Avenue Project (from Alanis drive to the Collin county line); authorizing the City Manager of the City of Wylie, Texas to establish procedures for acquiring the rights-of-way (in fee simple), drainage easements and related improvements, offering to acquire the rights-of-way (in fee simple), drainage easements and related improvements voluntarily from the landowners through the making of bona fide offers; authorizing the use of eminent domain to condemn; appropriating funds. Recommendation Motion that the City of Wylie, Texas, City Council adopt Resolution No. 2013-24(R) described in Agenda Item # N and authorize the use of the power of eminent domain to acquire for public use the rights-of-way (in fee simple) and drainage easements and related improvements on the property described by metes and bounds and attached as Exhibits "1"—"18" to said Resolution, said descriptions being incorporated into this motion for all purposes, for the construction, access, repair, maintenance and replacement of the Ballard Avenue Project (from Alanis Drive to the Collin County Line). Discussion The design of Ballard Avenue from Alanis Drive to the Collin county line is nearing completion. Eighteen right of way and easement parcels are needed for the expansion of the roadway. Approval of the Resolution authorizes the city manager to proceed with acquiring the parcels. The project is funded through the 2007 Collin County Bond Program and the city has received $350,000 for right of way acquisition. Page 1 of 1 RESOLUTION NO. 2013-24(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, DETERMINING A PUBLIC NECESSITY TO ACQUIRE CERTAIN PROPERTIES FOR PUBLIC USE BY EMINENT DOMAIN FOR RIGHTS-OF-WAY (IN FEE SIMPLE), DRAINAGE EASEMENTS AND RELATED IMPROVEMENTS FOR THE CONSTRUCTION, ACCESS, REPAIR, MAINTENANCE AND REPLACEMENT OF AND/OR IMPROVEMENTS TO THE BALLARD AVENUE PROJECT (FROM ALANIS DRIVE TO THE COLLIN COUNTY LINE); GIVING NOTICE OF AN OFFICIAL DETERMINATION TO ACQUIRE PROPERTIES FOR RIGHTS-OF-WAY (IN FEE SIMPLE), DRAINAGE EASEMENTS AND RELATED IMPROVEMENTS FOR THE BALLARD AVENUE PROJECT (FROM ALANIS DRIVE TO THE COLLIN COUNTY LINE); AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS TO ESTABLISH PROCEDURES FOR ACQUIRING THE RIGHTS-OF-WAY (IN FEE SIMPLE), DRAINAGE EASEMENTS AND RELATED IMPROVEMENTS, OFFERING TO ACQUIRE THE RIGHTS-OF-WAY (IN FEE SIMPLE), DRAINAGE EASEMENTS AND RELATED IMPROVEMENTS VOLUNTARILY FROM THE LANDOWNERS THROUGH THE MAKING OF BONA FIDE OFFERS; AUTHORIZING THE USE OF EMINENT DOMAIN TO CONDEMN; APPROPRIATING FUNDS; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council"), investigated and determined that there is a public necessity for the acquisition, by eminent domain, of parcels of rights-of-way (in fee simple), drainage easements and related improvements (collectively, "ROWs and Easements") on the properties described in Exhibits "1" — "18", attached hereto and incorporated herein for all purposes ("Properties"), and it is the City of Wylie, Texas' ("Wylie") intent to acquire the necessary ROWs and Easements on the Properties for the purpose of, among other things, the construction, access, repair, maintenance and replacement of and/or improvements to public facilities, specifically, the ROWs and Easements for the construction of and/or improvements for the Ballard Avenue Project (from Alanis Drive to the Collin County Line) (hereinafter referred to as the "Project") for the purposes of, among other things, paving and drainage improvements; and WHEREAS, the City Council has investigated and determined that the Project is necessary for public use; and Resolution 2013-24(R)-Ballard Avenue Project Determining Public Necessity to Acquire By Purchase Certain Properties Page 1 of 68 WHEREAS, it is necessary to establish procedures for determining the establishment and approval of just compensation for the ROWs and Easements to be acquired by eminent domain for the Project; and WHEREAS, there may be improvements located on some of the Properties acquired for this Project and such improvements may be required to be moved prior to the beginning of this Project; and WHEREAS, the City Manager, or her designee, ("City Manager") is required to make a bona fide offer, as defined by and in compliance with §21.0113, Texas Property Code, (individually and collectively, "Bona Fide Offer(s)") to acquire the ROWs and Easements on the Properties for public use voluntarily from the subject landowners prior to moving forward with acquisition by eminent domain; and WHEREAS, the City Council has investigated and determined that the passage of this Resolution complies with S.B. 18, enacted by the 82nd Legislature, which became effective on September 1, 2011. NOW, THEREFORE, BE IT RESOLVED 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 Resolution as if fully set forth herein. SECTION 2: Acquisition of Properties. The City Council hereby officially determines that there is a public necessity for, and the public welfare and convenience will be served by, the acquisition, by eminent domain, of the ROWs and Easements on the Properties, and it is Wylie's intent to acquire the ROWs and Easements for public use as more specifically described in and depicted on Exhibits "1" — "18", attached hereto, specifically for the purpose of, among other things, the construction, access, repair, maintenance and replacement of and/or improvements to the Project. SECTION 3: Authority of the City Manager/Bona Fide Offer. The City Manager is hereby authorized to contract, on behalf of the City Council, with professional appraisers for appraisal services and with attorneys for preparation of title opinions needed by Wylie from time to time in connection with the acquisition of the ROWs and Easements on the Properties for the purpose of, among other things, the construction of, access to, repair of, maintenance of, replacements of and/or improvements to roadway or drainage facilities necessary for the Project. The City Council hereby ratifies any contracts entered into, prior to the effective date of this Resolution 2013-24(R)-Ballard Avenue Project Determining Public Necessity to Acquire By Purchase Certain Properties Page 2 of 68 Resolution, by the City Manager with professional appraisers for appraisal services and with attorneys for preparation of title opinions needed for the acquisition of the ROWs and Easements on the Properties. To this end, the City Manager shall first make a Bona Fide Offer to acquire the ROWs and Easements on the Properties from the subject landowners voluntarily. Should the landowners fail to provide the ROWs and Easements voluntarily through said Bona Fide Offer, the City Manager is authorized to move forward with acquiring the ROWs and Easements on the Properties by eminent domain to condemn. SECTION 4: Determination of Just Compensation. The City Manager is hereby authorized and directed to examine and rely on the independent appraisal reports, and other information, to make a determination as to the establishment and approval of a fair market value offer and the just compensation for the ROWs and Easements on the Properties for the purpose of making Bona Fide Offers. After consideration of said information, the City Manager shall establish and approve the amount determined to be just compensation for acquisition of the ROWs and Easements, and shall have the authority to execute any and all documents necessary to complete the acquisition of same. SECTION 5: Authority to Make an Offer. Upon establishment and approval by the City Manager of the amount of just compensation for the acquisition of the ROWs and Easements on the Properties, the City Manager, or her designee, is authorized to send written Bona Fide Offers to the landowner(s) of said Properties for acquisition of said ROWs and Easements at the full amount determined and established to be just compensation for each parcel, and to negotiate with said landowner(s) on behalf of Wylie to acquire the ROWs and Easements voluntarily from said landowner(s). SECTION 6: Authority to Execute Documents. The City Manager is hereby authorized, on behalf of Wylie, to execute all documents necessary to acquire each of the ROWs and Easements on the Properties needed for the Project, on behalf of Wylie, whether by purchase or eminent domain. The City Council hereby ratifies any documents executed, prior to the effective date of this Resolution, by the City Manager which were necessary for the acquisition of any ROWs and Easements on the Properties for the Project. SECTION 7: Disposal of Improvements. The City Manager is hereby authorized to sell such surplus improvements, if any, located on the ROWs and Easements acquired in connection with this Project, should they interfere with use and enjoyment of said ROWs and Easements. SECTION 8: Eminent Domain Authorized. Should the City Manager be unable to Resolution 2013-24(R)-Ballard Avenue Project Determining Public Necessity to Acquire By Purchase Certain Properties Page 3 of 68 acquire the ROWs and Easements voluntarily from the landowners through the making of Bona Fide Offers, the City Manager is authorized to instruct the law firm of Abernathy, Roeder, Boyd, & Joplin, P.C. to commence eminent domain proceedings for the acquisition of the ROWs and Easements on the Properties for the Project. SECTION 9: Source of Funds. The amount to be paid, if any, for acquiring the ROWs and Easements on the Properties for the Project will be appropriated from any lawful source. SECTION 10: Savings/Repealing Clause. All provisions of any resolution in conflict with this Resolution are hereby repealed; but such repeal shall not abate any pending matters of the repealed resolution. Any remaining portions of conflicting resolutions shall remain in full force an effect. SECTION 11: Severability. Should any section, subsection, sentence, clause or phrase of this Resolution be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Resolution shall remain in full force and effect. Wylie hereby declares that it would have passed this Resolution, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. SECTION 12: Effective Date. This Resolution shall take effect immediately from and after its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 22°d day of October, 2013. Eric Hogue, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: APPROVED AS TO FORM: Carole Ehrlich, City Secretary Abernathy, Roeder, Boyd & Joplin, P.C. Courtney A. Kuykendall, City Attorneys DATE(S)OF PUBLICATION: Resolution 2013-24(R)-Ballard Avenue Project Determining Public Necessity to Acquire By Purchase Certain Properties Page 4 of 68 Exhibit"1" (following 4 pages) Resolution 2013-24(R)-Ballard Avenue Project Determining Public Necessity to Acquire By Purchase Certain Properties Page 5 of 68 EXHIBIT"A" Right-of-Way Acquisition North Texas Municipal Water District (Parcel BA-1) Tract I BEING a 0.126 acre tract of land situated in the A.ATTERBURY SURVEY,ABSTRACT No.23 in Collin County, Texas,and being part of a parcel of land described in a deed to the North Texas Municipal Water District, as recorded in Volume 4407,Page 0825 of the Deed Records of Collin County,Texas(D.R.C.C.T),also being part of Lot 1,Block A of Twin Lakes Subdivision,Phase I as recorded in Cabinet G,Page 561 of the Plat Records of Collin County,Texas(P.R.C.C.T.)and being more particularly described as follows: BEGINNING at the intersection of the existing east right-of-way line of Ballard Avenue and existing north right-of-way line of Martin Drive, the same being the southwest comer of said North Texas Municipal Water District(NTMWD)tract; THENCE North 00°30'17"East,following the existing east right-of-way line of Ballard Avenue,the same being the west line of said NTMWD tract,a distance of 135.00 feet to a point for corner,passing at a distance of 125.00 feet the south line of a 10 foot wide Texas Electric Utility easement as recorded on Cabinet G,Page 561 of the Plat Records of Collin County,Texas(P.R.C.C.T.); THENCE South 89°29'43" East, departing said existing east right-of-way line of Ballard Avenue and following the north line of said NTMWD tract,the same being the south line of a Right-of-Way dedication described in a deed to the City of Wylie and recorded in Volume 6008,Page 2571 of the Deed Records of Collin County,Texas(D.R.C.C.T), passing at 30.00 feet the east line of a 30 foot wide utility easement described to the North Texas Municipal Water District and recorded in Volume 508,Page 138 of the Deed Records of Collin County,Texas(D_R_CC_T),and continuing for a total distance of 40.72 feet to a point for corner; THENCE South 00°32'49"West,departing the north line of said NTMWD tract,and following along the proposed east right-of-way line of Ballard Avenue,passing at a distance of 10 feet the south line of said Texas Electric utility easement,and continuing a total distance of 135.00 feet to a point for corner,said point being on the south line of said NTMWD tract,the same being in the existing north right-of-way line of said Martin Drive; THENCE North 89°29'43"West,following the contiguous south line of said NTMWD tract and existing north right-of-way line of Martin Drive,passing at a distance of 10.62 feet the east line of said NTMWD utility easement, and continuing a total distance of 40.62 feet to the POINT OF BEGINNING and containing 0.1260 acres of land. The Basis of Bearing is Stale Plane NAD'83,North Central Texas Zone. �� ir'R'r s "HACKIE KUNGBEIL 1.44 #3957 rr;-r $ii Fri OQ• 1 ' xhibit"A" Sheet I of 2 Resolution 2013-24(R)-Ballard Avenue Project Determining Public Necessity to Acquire By Purchase Certain Properties Page 6 of 68 r EXHIBIT "B" I I I 1 RIGHT-OF-WAY ACQUISITION I I I North Texas Municipal Water District I I 1 City of Wylie,Texas I I r Tract 1 1 Izi I I I I SJ�� ..t 1 I ¢ J� 0,. p I 11'e:,l it,' fie( ti� I I oo �I I I` t �0G —"t cl I p. 9K } I a; I I P� aIn I I I I Go `� I ��I 1 ve ct I I I xs 12.5 0 25 so ar S1 89'29'43l' EI �I I 40,72` I 1/EIRE _i¢ ///- �-----W. r11 Efeclor Casement The Basis of Bearing is State Plane I x I— - — — I — CAteot i G.PAGE 561 NAD 83: North Central Texas Zone. I 7 S 00.32'49" W I 135.GO' N 00 30'1 7" E / i35.00' r/ I :% • - o 1 U r NrMY �/ '� C01 2 J0'le ter Lint,Coselceni �. ! CS BdOCk A VOL 508,FACE r'8 - I/... to Q U I NEN LANES SOBp1V700N D R.LCr X a'`i©� I PNASE f / -/1 t�G Ca GA♦5NE7 C.PAGE 561 TRACT I AREA I �r Q' PRcc r 0.1260 acres I -Jr/ t o (5,490.08 SgFL) 1// I Wit, POB N 8929'43" W ties 40.62' MARTIN DRIVE I WI { el, Ry�7 �� Q \)4 Lu 1l2'gRF -- -- 11/2'tRP �,n: Tiu� Qo \o ` rr I a - -1 I 0 `Cv� r2 I tpr 45 L07 47 ; I r Nott 7e,os Municipal BLJCh A {{Water p�str;cl riEN tAhrs SUA'pfoson, I I td IAQ7 PACE 08:5 I PHASE 7 I ! 1 1 f3R.CCT CABI PT RC PAGE 507 I I I ININIb j Ml RLK ENGINEERING.INC f.� I 1 I West Main Street . 4. •F T Allen,Texas 75013 . •�' +� (972)359-1733 Offer (972)359-1833 Fax T VF, -.t'c:1, PROJECT: DATE: DRAWN BY: �'JT�� 0900I F Ballard Street October 2012 RLK /� OF O CAD ID: SCALE: CI+£CKED BY: y��,,� /j� t7jrD _..i ",,, NTMWDROW_Tractl.dwg 1"=50' RLK NF!!y�/jL�C�/'\ Al r - y.1t.116't 1 Resolution 2013-24(R)-Ballard Avenue Project Determining Public Necessity to Acquire By Purchase Certain Properties Page 7 of 68 Tract 2 BEING a 0.126 acre tract of land situated in the A.ATTERBURY SURVEY,ABSTRACT No.23 in Collin County, Texas, and being part of a parcel of land described in a deed to the North Texas Municipal Water District. as recorded in Volume 4407,Page 0825 of the Deed Records of Collin County,Texas(D.R.C.C.T),also being part of Lot 48, Block A of Twin Lakes Subdivision,Phase I as recorded in Cabinet G, Page 561 of the Plat Records of Collin County,Texas(P.R.C.C.T.)and being more particularly described as follows: BEGINNING at IA inch iron rod found at the intersection of the existing east right-of-way line of Ballard Avenue and existing south right-of-way line of Martin Drive,the same being the northwest corner of said North Texas Municipal Water District(NTMWD)tract; THENCE South 89'29'43"East,departing the said existing east right-of-way line of Ballard Avenue and following the south right-of-way line of Martin Drive,passing at a distance of 30.00 feet the east line of a 30 foot wide utility easement described to the North Texas Municipal Water District and recorded in Volume 508, Page 138 of the Deed Records of Collin County,Texas(D.R.C.C.T),and continuing for a total distance of 40.58 feet to a point for corner; THENCE South 00°32'49"West,departing the south right-of-way line of Martin Drive,and following the proposed east right-of-way line of Ballard Avenue,passing at a distance of 125.00 feet the north line of a 10 foot wide Texas Electric Utility easement as recorded on Cabinet G,Page 561 of the Plat Records of Collin County,Texas(P.R.C.C.T.),and continuing a total distance of 135.00 feet to a point for corner,said point being on the south line of said NTMWD tract,the same being on the north line of a tract of land described in a deed to the East Fork Special Utility District as recorded in Volume 4654,Page 2624 of the Deed Records of Collin County,Texas(D.R.C.C.T); THENCE North 89°29'43"West,following the contiguous south line of said NTMWD tract and north line of said East Fork Special Utility District tract, passing at a distance of 10.48 feet the east line of said NTMWD utility easement,and continuing a total distance of 40.48 feet to a point for corner,said point being the southwest corner of said NTMWD tract,the same being the northwest corner of said East Fork Special Utility District tract; THENCE North 00°30'17"East,following the existing east right-of-way line of Ballard Avenue,the same being the west line of said NTMWD tract,passing at a distance of 10,00 feet the north line of said Texas Electric utility easement,and continuing a total distance of 135.00 feet to the POINT OF BEGINNING and containing 0.1256 acres of land. The Basis of Bearing is Stale Plane NAt)'83,North Central Texas Zone. Exhibit"A" Sheet 2 of 2 Resolution 2013-24(R)-Ballard Avenue Project Determining Public Necessity to Acquire By Purchase Certain Properties Page 8 of 68 EXHIBIT "B" RIGHT-OF-WAY ACQUISITION North Texas Municipal Water District n' City of Wylie.Texas Qe:mr Tract 2 } I I - � Coro-, its.tfur.•;�pa1 NOIEr Dislri�l i IVA +-JD/.PACE 0.5_,, fy D.RCI7fl I 3 II. I l= ... _i p _ 25 125 0 25 so 1RF T/ •• -to C4 MARTIN DRIVE The Maaia of Bearing is State Plane 1 50 i r_d;- NAD '83, North Central Texas Zone. POB S 89'29r43.' E _ 40.58' 1 1/2'1R —IIL1/2•iRF a„S."v"Tv _ N 00'30°17"I E --��_\ ��, I i35.00' cy .g O IF I wY ��.CD F" I !Dr a7 1 NrMWO e 4 u if) ww�fler toe EaScj'ner _r ti O q L i &OCA A vacl 5de.pAGc 1'8 Q ac `-f` I TAN tAhES SUBLYIVI9ON DRccr -..1 ay ql PHASEr d' CAEGNf r 0,PAGE 567 P R.0 C.7 1 o ° I 1 I S 00'32'49" W TRACT 2 AREA 135.00' = 0.1256 acres -r _ i (5,471.72 SgFt) I _ _ ._ i �er3 _t:LI —_,r� — , —. �s��,) .. N 89'79'431" W l0'to Electric Eascrnrni / 40.48"I caelNEr G.PAGE shr ��"-} \-\ ye 1 I .c=n I I Jt 1 u7I I I G P o ry �� I ¢ = i p. y+tt ll �o� Q pp'L _ a IF I East Fork Special GOP y Disrricl - VOL 4654,PACE 2624 ,�P�g� 81 il4 I'- I DRCC.7 al AliCAPV RLK ENGINEERING,INC +F 7 I I I1 West Ms1 Street �� litirt474,,p iik(972)359-1733 Off . Ililff "acme l AGEE& ' (972)359-1833 Fax • • 4 7.. , PROIECT: DATE: DRAWN BY. Oyr 961,0 • 09001F Ballard Street October 2012 RLK �"`7/ ' ,44N rillr j CAD 1D: SCALE:-. CHECKED BY 1 ' • Y1.1 . / \NTMWDROW_Tract2.dwg 1"=50' RLK /� V/r, a ' ' t J Resolution 2013-24(R)-Ballard Avenue Project Determining Public Necessity to Acquire By Purchase Certain Properties Page 9 of 68 Exhibit"2" (following 2 pages) Resolution 2013-24(R)-Ballard Avenue Project Determining Public Necessity to Acquire By Purchase Certain Properties Page 10 of 68 EXHIBIT"A" Right-of-Way Acquisition East Fork Special Utility District (Tract BA-2) BEING a 0.2311 acre tract of land situated in the A. ATTERBURY SURVEY, ABSTRACT No. 23 in Collin County,Texas,and being part of a parcel of land as described in a deed to East Fork Special Utility District as recorded in Volume 4654,Page 2624 of the Deed Records of Collin County,Texas(D.R.C.C.T.)and being more particularly described as follows: COMMENCING at a 112 inch iron rod found at the intersection of the existing east right-of-way line of Ballard Avenue and the existing south right-of-way line of Martin Drive; THENCE South 00°30'17"West,following along the existing east right-of-way line of Ballard Avenue,a distance of 135.00 feet to the POINT OF BEGINNING,said point being the northwest corner of said East Fork Special Utility District tract,the same being the southwest corner of a tract of land described in a deed to the North Texas Municipal Water District(NTMWD)as recorded in Volume 4407,Page 0825 of the Deed Records of Collin County,Texas(D.R.C.C.T.); THENCE South 89°29'43" East, departing the existing east right-of-way line of Ballard Avenue, and following the contiguous north line of said East Fork tract and the south line of said NTMWD tract,passing at a distance of 30.00 feet the east line of a 30 foot wide utility easement described in a deed to the North Texas Municipal Water District(NTMWD)as recorded in Volume 508,Page I38 of the Deed Records of Collin County,Texas(D.R.C.C.T.),thence passing at a distance of 40.00 feet the east line of a 10 foot wide utility easement described in a deed to the North Texas Municipal Water District(NTMWD)as recorded in Volume 4422,Page 2444 of the Deed Records of Collin County,Texas(D.R.C.C.T.),thence continuing for a total distance of 40.48 feet to a point for corner; THENCE South 00°32'49" West, departing the north line of said East Fork tract and following the proposed right-of-way line of Ballard Avenue,passing at a distance of 189.58 feet the north line of a 10 foot wide utility easement described in a deed to Oncor Electric Delivery Co.as recorded in Volume 5566, Page 2673 of the Deed Records of Collin County,Texas(D.R.C.C.T.),and continuing for a total distance of 249.18 feet to a point for corner,said point being on the south line of said East Fork tract,the same being on the north line of a tract of land described in a deed to James & Stacy Gee as recorded in CCFN# 20080311000291280 of the Deed Records of Collin County,Texas(D.R.C.C.T.); THENCE North 89°31'55"West,following the contiguous south line of said East Fork tract and the north line of said Gee tract,passing at a distance of 0.30 feet the east line of said NTMWD 10 foot wide utility easement, thence passing at a distance of 10.30 feet the east line of said NTMWD 30 foot wide utility easement, and continuing for a total distance of 40.30 feet to a point for corner, said point being the southwest corner of said East Fork tract and the northwest corner of said Gee tract,said point also being in the existing east right-of-way line of Ballard Avenue; THENCE North 00°30'17"East,departing the south line of said East Fork tract and following the existing east right-of-way line of Ballard Avenue,passing at a distance of 50.00 feet the south line of said Oncor Electric utility easement,and continuing for a total distance of 249.21 feet to the POINT OF BEGINNING and containing 0.2311 acres. The Basis of Bearing is State Plane NAD'113,North Central Texas Zone. «MACKIE KLINGBEIL t'q #39sT r,,.. .o +: (a`P eato CQ .:! Exhibit"A" '4' U"'lE��. "� ` Sheet 1 of I ...wi , ', L,..j.c.rt Resolution 2013-24(R)-Ballard Avenue Project Determining Public Necessity to Acquire By Purchase Certain Properties Page 11 of 68 '- EXHIBIT"B" Poc MARTIN DRIVE RIGHT-OF-WAY ACQUISITION `1/2'rf 1 — — — T rsTO East Fork Special Utility District i City Of Wylie,Texas I LOT 48 f01 4- (EA-2) 3 I I KW(Afg o 1 North 1e,os Municipal TWIN LAKES SUB0191S1014 q aj Water Drslricl I PHASE 1 i ;"T nO 1 VOL. i407.PALL`0925, CAME,C.PACE%l O I ORCCr I FAGG1 gl V) I El I S 89'29'W3`' E 2,5 Ias o u sa 7.1 40.48' r The basis of Bearing is State Plane �� ///•/ NAO '83, North Central Texas Zone. �J ry�nv I I /i ''i' I // I flh fl' I' IQ'Wafer NLine f oremenl �®r= I i I,:' v0t 442?PACE 2444 O ti I FRCCT 'f4 I NIM ° I 1 L° RI Wlle+I:re Eosemer..I V y vat 5U p PAGF,36 _ //I TRACT AREA / I/ op = 0_2311 acres w 4. J/ a (10,065.06 SgF1) 4 yr LRt r �, I , East Fork Special Utility District 05 VOL 4654, PAGE 2624 r. cie z I (V D.R.C.C.T. oi py qi 4 . r a z I CD S�rI� •cc co I �� r. 1 no P.R• j - L _ 7 ONC2R Electric Delivery Co EIeLIrik Easement I/ vOC 556F PACE 2673 IJ —I- R— — — — — — —— — N 89'31'S5 I' WI I James IF Slag,Gee 1 40.30' i I CCFNp 200E0311000291280 I Q.R C C.1 �1_ ,_ .— _ A. ATTERBURY SURVEY 1/E'!rP NYMWO_ v — D.W. WILLIAMS SURVEY -I 1 `I,�-I-10'Wafer line Easanervt I Nam) I r � - --I 1 1 442 22. PA A CE 2456 per Line Easkmenl r. I t.._.�._.J I( SOB,PACE I12 ` Mary$lone Nawroy tiring Trust /RCCt I.: 1 1 _�_Cosi E.A/N Speck?!Utility DislriCl ?0'Mel tine Easement f)RCC r CCFN 201I0'28000783674 co-N. 2OfIQ2+7000176570 OP C C I. Itill ifilAV RLK ENGINEERING,INC • Z'OF r" 111 West Main Stre5013 R1' �s 8 firillial•SimAlen,Texas 75013 be404;4. 4' • " (972)359-1733 Off (972)359-1833 Fax MACKIEIOJIVGBEII PROIECC DATE: PRAWN EY: • ' #395?F! 09OCAD o I F Ballard Street C.lF:October 2012 RLK CHECKED BY- �//// y`�' 11MO 8�! t°f�f/ �EastForkROW.dwg 1'=50' RLK , 1_�� / • n n "I Resolution 2013-24(R)-Ballard Avenue Project Determining Public Necessity to Acquire By Purchase Certain Properties Page 12 of 68 Exhibit"3" (following 2 pages) Resolution 2013-24(R)-Ballard Avenue Project Determining Public Necessity to Acquire By Purchase Certain Properties Page 13 of 68 EXHIBIT"A" Right-of-Way Acquisition fames and Stacy Gee (Tract BA-3) BEING a 0.0277 acre tract of land situated in the A. ATTERBURY SURVEY, ABSTRACT No. 23 in Collin County,Texas,and being part of a parcel of land as described in a deed to James and Stacy Gee as recorded in County Clerk No.200803 1 1 00029 1280 of the Deed Records of Collin County,Texas(D.R.C.C.T.)and being more particularly described as follows: BEGINNING at a Va inch iron rod found at the southwest corner of said Gee tract,said point being the northwest corner of a tract of land described in a deed to the Mary Stone Howrey Living Trust as recorded in County Clerk No.20110217000178570 of the Deed Records of Collin County,Texas(D.R.C.C.T.); THENCE North 00°32'08"East,following the west line of said Gee tract,the same being the existing east right-of-way line of Ballard Avenue,a distance of 2.13 feet to a point; THENCE North 00°30'17" East, continuing along the contiguous west line of said Gee tract and the existing east right-of-way line of Ballard Avenue,a distance of 27.79 feet to a point for corner,said point being the northwest corner of said Gee tract, the same being the southwest corner of a tract of land described in a deed to the East Fork Special Utility District as recorded in Volume 4654,Page 2624 of the Deed Records of Collin County,Texas(D.R.C.C.T.); THENCE South 89°31'55" East, departing the existing east right-of-way line of Ballard Avenue and following the contiguous north line of said Gee tract and south line of said East Fork tract,passing at a distance of 30.00 feet the east line of a 30 foot wide utility easement described in a deed to the North Texas Municipal Water District(NTMWD)as recorded in Volume 508,Page l38 of the Deed Records of Collin County,Texas(D.R.C.C.T.),thence passing at a distance of 40.00 feet the east line of a 10 foot wide utility easement described in a deed to the North Texas Municipal Water District (NTMWD) as recorded in Volume 4422,Page 2436 of the Deed Records of Collin County,Texas(D.R.C.C.T,),thence continuing for a total distance of 40.30 feet to a point for corner; THENCE South 00°32'49"West,departing the north line of said Gee tract and following the proposed east right-of-way line of Ballard Avenue,a distance of 29.97 feet to a point for corner,said point being on the south line of said Gee tract; THENCE North 89°27'52"West,following along the south line of said Gee tract,the same being the north line of said Howrey Trust tract,passing at a distance of 0.28 feet the east line of said NTMWD 10 foot wide utility easement,thence passing at a distance of 10.28 feet the east line of said NTMWD 30 foot wide utility easement, and continuing for a total distance of 40.28 feet to the POINT OF BEGINNING,and containing 0.0277 acres. The Basis of Bearing is Stale Plane NAD'83,North Central Texas Zone. if ?sol�+�`�o • —MACKIE_^KLINGBEIL „1.4..#3957 ...+, •_4 4'0 ,•7 Mt''t • r Exhibit"A„ F "4• ■ iA Sheet I of I CT' Resolution 2013-24(R)-Ballard Avenue Project Determining Public Necessity to Acquire By Purchase Certain Properties Page 14 of 68 7.- EXHIBIT "B" I I RIGHT-OF-WAY ACQUISITION I 1 i lames and Stacy Gee .1€'\ City of Wylie,Texas I A N rM'n� �t (BA-3) ��f_ 30'Water tine Ewement d . i 1 1 Iti0 Gti I DRECI � lG I `--'~I~il f r0'(VoferM2 afasemenf " P`,�Q I VOL 4422,Pete zaa4 IIS } I I ERECT IIiii } I I I East fork Special 0tddy Ors(icl I,z 1 I VOL 455+.PALE 1624 ..!IEnI { OPEC T 50 t15 0SO 100 0 I I I -J I't I I 4 The Basis of Bearing is State Plane HAD`83, North Central Texas Zenol I I i --1 ONCOR Elealrc 0efivery Ca I I I Electric Easement VOI 5566.R 1 2623 DC C I � 1 I I I S 89'31'55" E N 00'30'17°1 E I I I 40.30' 27.79' l I I S 00'32'49" W TRACT AREA I I 29.97' = 0,0277 acres-�— — — — (1,206.39 SiiFore) I � James & Stacy Gee I 1 CCFN# 20080311000298280 D.R.C.C.7, A. ATTEROURY SURVEY N OC"32'08" E — —`1/2'Irf — —it_ — — — D.W. WILLIAMS SURtEY 2.13' I 1 I I W POB 1 6 I 1 N 89 27'52" W , v[ I 1 I 40.28' Q I 1 I Mary Slone heerey bong Trust I I I CCTN. 20n02,7000;76520 I I I I I I 00c`r as �' l 1 I -�l,03 m I I N 100 ye'� j'J_/-I-3O'wale,Line Casement �(�O Cr02 •O` ' I I I vot 4422 PAGE 2436 ORC.0 T Oj • J I 1� I 1 I V �0 (7: `^0 I r' `1 Eo°!Lori Special Ofitity Oislricf \� \ C. rn I I �`"� ?0 WOter line EaSemenl GC. v y -J I I I LLrry 2OaAcc67O78S6r0 �. CEO I alb o Q ' 1 I" I I N to+vrO p ,-3 I� �+ 50'hole,Line Easement li q Cj I I i I VOL 5@5,Pact r38 I 1 1 ERECT. l RLK ENGINEERING,INC - t 1 I West Main Street '.... .ks!$e.�. Allen,Texas 75013 SW�Q*9�os (972)359 l733 Off (972)359-1833 Fax • 1!4'1( 51NG IL " PROIECO DATE: DRAWN EY09 .- �'D T'aJ� *f .. CAD ID f F Ballard Street October 2012 RLK CHECKED av: t 'lpa E�, OQ [amesGeeROW.dwg l" 50' RLK �`�'�/�/) - Pi, Resolution 2013-24(R)-Ballard Avenue Project Determining Public Necessity to Acquire By Purchase Certain Properties Page 15 of 68 Exhibit"4" (following 5 pages) Resolution 2013-24(R)-Ballard Avenue Project Determining Public Necessity to Acquire By Purchase Certain Properties Page 16 of 68 EXHIBIT"A" Right-of-Way Acquisition Mary Stone Howrey Living Trust (Tract BA-4) Tract l BEING a 1.0513 acre tract of land situated in the D.W.Williams Survey,Abstract No.980 in Collin County,Texas, and being part of a parcel of land as described in a deed to the Mary Stone Howrey Living Trust as recorded in County Clerk File No.201 10217000178570 of the Deed Records of Collin County,Texas(D.R.C.C.T.)and being more particularly described as follows: BEGINNING at a point at the intersection of the existing east right-of-way line of Ballard Avenue and the existing north right-of-way line of Elm Road(C.R.381); THENCE Following along the existing east right-of-way line of Ballard Avenue,the same being the west line of said Howrey Trust tract,in a northerly direction,the following distances and courses to whit: North 05°52'47"East,a distance of 34.35 feet to a point,said point being the beginning of a curve to the left having a central angle of 05°13'47",a radius of 4490.51 feet,and a chord that bears North 03°11'03"East a distance of 409.73; THENCE along said curve to the left an arc distance of 409.88 feet to a point for the end of said curve; THENCE North 00°32'08"East,a distance of 754.39 feet to a K/2 inch iron rod found for corner,said point being the northwest corner of said Howrey Trust tract,the same being the southwest corner of a tract of land described in a deed to James and Stacy Gee as recorded in County Clerk No. 20080311000291280 of the Deed Records of Collin County,Texas(D.R.C.C.T.); THENCE South 89°27'52" East, departing the existing east right-of-way line of Ballard Avenue and following the contiguous north line of said Howrey Trust tract and south line of said Gee tract,passing at a distance of 30.00 feet the east line of a 30 foot wide utility easement described in a deed to the North Texas Municipal Water District(NTMWD)as recorded in Volume 508,Page 138 of the Deed Records of Collin County,Texas(D.R.C.C.T.),thence passing at a distance of 40.00 feet the east line of a 10 foot wide utility easement described in a deed to the North Texas Municipal Water District (NTMWD) as recorded in Volume 4422,Page 2436 of the Deed Records of Collin County,Texas(D.R.C.C.T.),the same being the west line of a 20 foot wide utility easement described in a deed to the East Fork Special Utility District (EFSUD) as recorded in County Clerk File No. 20110728000788610 of the Deed Records of Collin County,Texas(D.R.C.C.T.),and thence continuing for a total distance of 40.28 feet to a point for corner; THENCE Departing the north line of said Howrey tract and following the proposed east right-of-way line of Ballard Avenue in a southerly direction,the following courses and distances to whit: South 00°32'49" West, a distance of 351.14 feet to a point, said point being the beginning of a curve to the right having a central angle of 03°47'38",a radius of 1170.00 feet and a chord that bears South 02°26'38"West a distance of 77.46 feet; *—MACKIE KLINGBEIL fKi957 r� • 4R.aettt,VQ, ° Exhibiheet t"A,64:40 of" P 1)Ir Resolution 2013-24(R)-Ballard Avenue Project Determining Public Necessity to Acquire By Purchase Certain Properties Page 17 of 68 THENCE along said curve to the right,passing at a distance of 21.86 feet the contiguous east line of said 10 foot wide NTMWD easement and the west line of said 20 foot wide EFSUD easement,and continuing for a total arc distance of 77.48 feet to a point for the beginning of a reverse curve to the left,having a central angle of 03°50'10",a radius of 1070.00 feet and a chord that bears South 02'25'22"West a distance of 71.63 feet; THENCE along said curve to the left an arc distance of 71.64 feet to a point for the end of said curve to the left; THENCE South 00°30'17"West,a distance of 363.87 feet to a point,said point being the beginning of a curve to the right having a central angle of 03°58'45",a radius of 2929.79 feet and a chord that bears South 02°29'413"West a distance of 203.43 feet; THENCE along said curve to the right an arc distance of 203.47 feet to a point for the end of said curve to the right; THENCE South 04'29'02"West,passing first at a distance of 62.55 feet and then at a distance of 120.39 feet,the contiguous east line of said 10 foot wide NTMWD easement and the west line of said 20 foot wide EFSUD easement, and continuing for a total distance of 130.43 feet to a point for corner,said point being in the existing north right- of-way line of Elm Road; THENCE North 89°59'39"West,following the existing north right-of-way line of Elm Road,passing at a distance of 11.50 feet the east line of said NTMWD 30 foot wide utility easement,and continuing for a total distance of 41.66 feet to the POINT OF BEGINNING,and containing 1.0513 acres. The Basis of Bearing is State Plane BAD'ES,Noah Central Texas Zone. Tract 2 BEING a 0.5151 acre tract of land situated in the D.W.Williams Survey,Abstract No.980 in Collin County,Texas, and being part of a parcel of land as described in a deed to the Mary Stone llowrey living Trust as recorded in County Clerk File No.20110217000178570 of the Deed Records of Collin County,Texas(D.R.C.C.T.)and being more particularly described as follows: BEGINNING at a point at the intersection of the existing east right-of-way line of Ballard Avenue and the existing south right-of-way line of Elm Road(C.R.381); THENCE South 89'59'39"East, following the existing south right-of-way line of Elm Road(C.R.381), passing at a distance of 30.15 feet the east line of a 30 foot wide utility easement described in a deed to the North Texas Municipal Water District (NTMWD) as recorded in Volume 508, Page 138 of the Deed Records of Collin County,Texas(D.R.C.C.T.),thence passing at a distance of 40.20 feet the east line of a 10 foot wide utility easement described in a deed to the North Texas Municipal Water District(NTMWD) as recorded in Volume 4422,Page 2436 of the Deed Records of Collin County,Texas(D.R.C.C.T.),the same being the west line of a 20 foot wide utility easement described in a deed to the East Fork Special Utility District(EFSUD)as recorded in County Clerk File No.20110728000788610 of the Deed Records of Collin County,Texas(D.R.C.C.T.),and thence continuing for a total distance of 42.64 feet to a point for corner; Exhibit"A" Sheet 2 of 3 Resolution 2013-24(R)-Ballard Avenue Project Determining Public Necessity to Acquire By Purchase Certain Properties Page 18 of 68 THENCE Departing the existing south right-of-way line of Elm Road (C.R, 381) and following the proposed east right-of-way line of Ballard Avenue in a southerly direction, the following courses and distances to whit: THENCE South 04'29'02"West,a distance of 158.59 feet to a point,said point being the beginning of a curve to the right having a central angle of 19°04'31",a radius of 910.00 feet and a chord that bears South 14°01'18"West a distance of 301.57 feet; THENCE Along said curve to the right, passing at a distance of 255.66 feet, the contiguous east line of said 10 foot wide NTMWD easement and the west line of said 20 foot wide EFSUD easement,and continuing for a total arc length of 302.96 feet to a point for the end of said curve; THENCE South I0°27'51" East,passing at a distance of 8.12 feet,the contiguous east line of said 10 foot wide NTMWD easement and the west line of said 20 foot wide EFSUD easement,and continuing for a total distance of 41.05 feet to a point for corner; THENCE South 45°16'24"East,passing at a distance of 3.27 feet,the east line of said 20 foot wide EFSUD easement,and continuing for a total distance of 115.19 feet to a point for corner; THENCE South 44°43'36"West,a distance of 3.01 feet to a point for corner,said point being in the existing north right-of-way line of Pleasant Valley Road,the same being the south line of said Howrey Trust tract, THENCE North 45'16'24" West, following the contiguous existing north right-of-way line of Pleasant Valley Road and south line of said Howrey Taut tract,passing at a distance of 110.66 feet the east line of said 20 foot wide EFSUD easement,thence passing at a distance of 132.38 feet the east line of said 10 foot wide NTMWD easement,thence passing at a distance of 143.28 feet the east line of said 30 foot wide NTM WD easement,and continuing for a total distance of 176.18 feet to a point for corner,said point being the intersection of the existing north right-of-way line of Pleasant Valley Road and the existing east right-of-way line of Ballard Avenue,said point also being the beginning of a curve to the left having a central angle of 05°50'52",a radius of 635.75 feet,and a chord that bears North 16°57'27"East a distance of 64.86 feet; THENCE Departing the existing north right-of-way line of Pleasant Valley Road,the same being the south line of said Howrey Trust tract, and following the existing east right-of-way line of Ballard Avenue along said curve to the left an arc distance of 64.89 feel to a point for the end of said curve; THENCE North 12°27'10"East,continuing along the existing east right-of-way line of Ballard Avenue,a distance of 17.98 feet to a point,said point being the beginning of a curve to the left having a central angle of 06°43'19", a radius of 3009.92 feet, and a chord that bears North 09°05'3I"East a distance of 352.92 feet; THENCE Along said curve to the left for an arc distance of 353.12 feet to a point for the end of said curve; THENCE North 05°48'44"East,continuing along the existing east right-of-way line of Ballard Avenue,a distance of 22.31 feet to the POINT OF BEGINNING and containing 0.5151 acres. The Basis of Bearing is State Plane NAD'83,North Central Texas Zone. Exhibit"A" Sheet 3 of 3 Resolution 2013-24(R)-Ballard Avenue Project Determining Public Necessity to Acquire By Purchase Certain Properties Page 19 of 68 EXHIBIT ,.B.1 1 RIGHT-OF-WAY ACQUISITION Mary Eleanor Stone Howrey City of Wylie,Texas I � ,, Tract I S 69 27'S2" E _ (BA-4) —1 40.28' i — .—— 7 7 7 7 7 7, 7 7 4— - — i — — —II -- f� — —_ -- N I /---S 0032'49" W I I 351.14' CURVE TABLE I L CURVE LENGTH RADIUS DELTA CHORD Cl 409.88' 4490_51' 513'47" 404.73_ _C2 l 77,48' 1170.00. 3 47'38"�7z46' Mr _ C3 I 71,64'_ 1070.00' 3 50-10"171.63' l C4 203.47' 2929.79' 3 58'45"1203.43' 100 30 0 100 200 I 11.1 A 1 ^-2oa The Basis of Bearing is State Plane — Tt— I - HAO '83,.North Central Texas Zone. , CURVE C2 I CT 1 AREA I .....------CURVE C3 I -.0513 acres I -,794.67 Sort) Mary Stone Howrey tiring) Trust l CCFN: 20110217000178570 — _j 0-R.C.C-T I COLONIAL DRIVE I ——4 15 00'30'17" W I l L� 363.87' 1 EosI ForA �yr[n11 UlJfry flfslr frl LV _�_ap'Wale'find fas�r•lrnl I 1 CCCN. 70nQi'Bft5Q1989i0 4, 98CC' '—CURVE C4 I —I I m04'29'0," W I ___,__\ r____-- 130.43' I N11410 ','lute. 161r 135e111—.. r Val 11..'.PAGE: N 05 5 4-" r- __- _ POB— f ——ELM ROAD (CR.381) I ~ MEADOWLARK LANE I f I —__ r- N 89 59'39" W 1 —1 I I 41 66' I I RLK ENGINEERING,INC trigiiirk I I 1 West Main Street ,��*�tST Allen,Texas 75013 t (972)359-1733 Off 1Q' ' °s ``` {972)359-1833 Fax 1, • w MACKIE KLINGBEIL PttOWELT: DATE: DRAWN BY ` p•••••••395 Y 1•••••�. q 1t3957 t f 09001F Ballard Street October 2012 ELK ' O ' CADID: SCALE: CHECKED BY 1 ' C4"'ti-w—1.• \HoweryrrustR©W.dwg 1"=200' ELK '� .' ' R",.. `'�rf .: l Resolution 2013-24(R)-Ballard Avenue Project Determining Public Necessity to Acquire By Purchase Certain Properties Page 20 of 68 r EXHIBIT "B" RIGHT-OF-WAY ACQUISITION icons Hoerer bong rrusr �CEN 70i+0:17001 7837-0 Mary Eleanor Stone Howrey - S 89'59'39" E O R C C I City of Wylie,Texas 42.64' Tract 2 pOg __ __ [„sr00 __ (aA 4) -\ ELM ROAD(C.R.381) ———— N 05'4$'44'IE -----c.rs+my—aow-----.— _— - 22.31 il \_.,-S 0429'02' W MEADOWLARK LANE 158.59' IS i,;+�„q q�ri~——7 / TRACT 2 AREA NrMWP = 0.5151 Dues 1'Wale Line Easement (22,438.55 5gEt) i of sore 5000 us r bRrtr L=302-96' r•_1a7 L=353.12' R=910.00' The Basle of Bearing le State Plane R=3009.92' I �. A=19'04.31" NAD'83.North Central Texas zone. A=06.43'19" 1 CH=S14'01'18"W CH=N09105'31 E--� CH=301.57' CH=352.92' J wd1;>_ N IMVN q 10'WOzr Etne Easemeof ,• ��_--v0t a4_"2 PALE_436 1 Ql DRCrr 1r 1 Mary Stone Howrey Living Trust } 'I CCFN: 20110217000178570 !! D.R.C.C.T. I 7: N 12'27'10" E I7.98' Fos(Farr, C,per4 L+10,1y D+stnct 20 Sole, i6+e Casem,nf L=64.89' CCrN 20a+02a000zsaeu, R=635.75' F ue cr A=05.50'52' r CH=N1fi57'27'E ,� ��5 10.27.5r E CH=64.86' a- 41.05' �" .0' Q. 2, foS 45'16'24" E / // -74 9-'� 115.19' / S 44'43'36' W // ‘,.4(' / , \ ,, \------ 3.01' • / / Val 5849.PC \ \ / --•V •\ Lam!! f RLK ENGINEERING,INC • i I l West Main Street �4,�s E Allen,Texas 75013 � t.A '4> tr iMiffif (972)359-1733 Off (972)359-1833 Fax TrT.yl '4'a PROIECr• DATE. DRAWN BY: • 4 #3957 : 09001 F Ballard Street October 2012 RLK . `�Pe a f,>tfa�� CAD ID: SCALECHECKED BY , A A4 r BU g �HoweryTrustROWTract2-dwg 1"=100' RLK v f� l Resolution 2013-24(R)-Ballard Avenue Project Determining Public Necessity to Acquire By Purchase Certain Properties Page 21 of 68 Exhibit"5" (following 3 pages) Resolution 2013-24(R)-Ballard Avenue Project Determining Public Necessity to Acquire By Purchase Certain Properties Page 22 of 68 EXHIBIT''A" Right-of-Way Acquisition Wylie-FB,Ltd. (Tract BA-5) BEING a 1.1390 acre tract of land situated in the Guadalupe De Los Santos Survey,Abstract No. 1 100 in Collin County,Texas,and being part of a 38.13 acre parcel of land as described in a deed to Wyle--FB,LW as recorded in Volume 5849,Page 1778 of the Deed Records of Collin County,Texas(D.R.C.C.T.)and being more particularly described as follows: BEGINNING at a point at the intersection of the existing east right-of-way line of Ballard Avenue and the existing south right-of-way line of Pleasant Valley Road,the same point being the northwest corner of said 38.13 acre Wylie-FB tract; THENCE South 45°16'24" East, following along the contiguous existing south right-of-way line of Pleasant Valley Road and north line of said 38.13 acre Wylie-FB tract,passing at a distance of 13.26 feet the east line of a 30 foot wide utility easement described in a deed to the North Texas Municipal Water District(NTMWD)as recorded in Volume 4456,Page 465 of the Deed Records of Collin County,Texas (D.R.C.C.T.),thence passing at a distance of 41.16 feet the east line of a 20 foot wide utility easement described in a deed to the North Texas Municipal Water District(NTMWD)as recorded in Volume 4493, Page 3799 of the Deed Records of Collin County,Texas(D.R.C.C.T.),and thence continuing for a total distance of 118.62 feet to a point for corner; THENCE South 44°43'36"West,departing the existing south right-of-way line of Pleasant Valley Road and following the proposed east right-of-way line of Ballard Avenue,a distance of 5.06 feet to a point for corner,said point also being the beginning of a curve to the left having a central angle of 13°01'34",a radius of410.00 feet,and a chord that bears North 51'47'11"West a distance of 93.01 feet; THENCE Continuing along the proposed east right-of-way line of Ballard Avenue along said curve to the left,passing at a distance of 67.46 feet the east line of said 20 foot wide NTMWD utility easement,thence passing at a distance of 91.34 feet the east line of said 30 foot wide NTMWD utility easement, thence continuing for a total arc distance of 93.21 feet to a point for the end of said curve to the left; THENCE South 75'28'03"West,continuing along the proposed east right-of-way line of Ballard Avenue, passing at a distance of 29.41 feet the west line of said 30 foot wide NTMWD utility easement, and continuing for a total distance of 35.67 feet to a point for corner,said point also being the beginning of a curve to the right having a central angle of 12°30'38",a radius of 910.00 feet,and a chord that bears South 38°01'50"West a distance of 198.30 feet; THENCE Continuing along the proposed east right-of-way line of Ballard Avenue,along said curve to the right an arc distance of 198.70 feet to a point for the end of said curve; THENCE South 44°17'09"West,continuing along the proposed east right-of-way line of Ballard Avenue, passing at a distance of 112.22 feet the east line of an existing gas easement described in a deed to the Lone Star Gas Company as recorded in Volume 273, Page 179 of the Deed Records of Collin County,Texas (D.R.C.C.T.),and continuing for a total distance of 1391.10 feet to a point for corner,said point being on the south line of said 38.13 acre Wylie-FB tract; i�4P©i1©T iiN.Is7i WA, i'A RO HACKIE KLINGBEIL ' ("w5P;a� Q. .. Exhibit"A" 7,),,, I. 1 8UIrl_t' 1 Sheet 1 of 2 612.4_ ee ! t Resolution 2013-24(R)-Ballard Avenue Project Determining Public Necessity to Acquire By Purchase Certain Properties Page 23 of 68 THENCE North 45°l6`24" West, following along the south line of said 38.13 acre Wylie-FB tract, the same being the north line of an 18.13 acre tract of land described in a deed to Wylie-FB,Ltd.as recorded in Volume 5849,Page 1776 of the Deed Records of Collin County,Texas(D.R.C.C.T.),passing at a distance of 2.77 feet the east line of said Lone Star Gas utility easement,and continuing for a total distance of 32.77 feet to a point for corner,said point being the southwest corner of said 38.13 acre Wylie-PH tract,the same being the northwest corner of said 18.13 acre Wylie-FB tract; THENCE North 44°24'36"East,departing the south line of said 38.13 acre Wylie-FB tract and following the existing east right-of-way line of Ballard Avenue, a distance of 1634.31 feet to the POINT OF BEGINNING and containing 1.1390 acres. The Basis or Bearing is State Plane NAD`83,North Central Texas Zone Exhibit"A" Sheet 2 of 2 Resolution 2013-24(R)-Ballard Avenue Project Determining Public Necessity to Acquire By Purchase Certain Properties Page 24 of 68 EXHIBL''vLTTbTrt•nbn \ `. Mary Stone Homey Living Trust ✓ IT I7 S 9576'29"E au-201102I7006178570 RIGHT-OF-WAY ACQUISITION 118.62. O f2GC T Wylie-FB,Ltd. 5 44'43'36"W / City of Wylie,Texas POB \ ci_ _ 5-06' I�+5i J - PLEASANT VALLEY 1 t- 9 t.Vi 1 \ I L-93.2d' R-410 00' t CH 11157'47'f 1'W r( e 11 CH�93.01' "{ I MV \'' TRACT AREA 1 S 7528O3"w r = i.1340 acres 1 356T :r a 49,616.36 5 fi 1 R=f98J0' 1 a12'3036' 200 100 a 200 4a0 I CH-S380150"W ; 1 1 I CH-198 30' The Basis of Bearing is State Plant 21 HAD'83, North Gentrol Texas Zone. Al 4424'36-E I634-37'�---, 38.13 Acres Wylie-FB, Ltd VOL. 5849, PC. 1778 N';,- O.R.C.C.T. f0 � -5 441397 a Id7Q9"W q f, F YIA!45'16'24"W 3277' 18.13 Acres Wyf6e-F9, Lid. `'.I VOL 5849.PG. 1776 O.R,CC.T. 14- - oIKK 1 Jj 1 3 - 4!I � Wjdle-F9. Lid I v0t 5549 PG. r780 O.RS£.r 91 / ..,: i / / BALLARD AVENUE / / i arAIIVffiwaRt. RLK ENGINEERING.INC t 11 I West Main Street •'ct �sr s OF F:�4 Allen,Texas 75013 cros°*Reo, =rmi�ll.•I�'�Irlalsi (972)359-1733 Off • (972)359-1833 Fax s DATE- DRAWN BY. 9 #3957 F P ' 0900 . October 2012 RLK ' .QfF 8,O CAD ID: SCALE cfi£CICEOBY- �//, li 1' ��I,O AV I°N r • . I"=400' RLK L! / .A. A, , :i7.' � -ti f Resolution 2013-24(R)-Ballard Avenue Project Determining Public Necessity to Acquire By Purchase Certain Properties Page 25 of 68 Exhibit"6" (following 2 pages) Resolution 2013-24(R)-Ballard Avenue Project Determining Public Necessity to Acquire By Purchase Certain Properties Page 26 of 68 EXHIBIT"A" Right-of-Way Acquisition Wylie-FB, Ltd. (Tract BA-6) BEING a 0.6048 acre tract of land situated in the Guadalupe De Los Santos Survey,Abstract No. 1 100 in Collin County,Texas,and being part of a 18.13 acre parcel of land described in a deed to Wylie-FB,Ltd,as recorded in Volume 5849,Page 1776 of the Deed Records of Collin County,Texas(D.R.C.C.T.)and being more particularly described as follows: BEGINNING at a point for the southwest corner of said 18.13 acre Wylie-FB tract,the same being the northwest corner of a 3.89 acre tract of land described in a deed to Wylie-FB,Ltd_as recorded in Volume 5849,Page 1780 of the Deed Records of Collin County,Texas(D.R.C.C.T.),said point also being in the existing east right-of-way of Ballard Avenue; THENCE North 44°24'29"East,departing the south line of said 18.13 acre Wylie-FB tract and following the existing east right-of-way line of Ballard Avenue,a distance of 764.20 feet to a point for corner,said point being the northwest corner of said 18.13 acre Wylie-FB tract, the same also being the southwest corner of a 38.13 acre tract of land described in a deed to Wylie-FB,Ltd.as recorded in Volume 5849, Page 1778 of the Deed Records of Collin County,Texas(D.R.C.C.T.); THENCE South 45°16'24" East, departing the existing east right-of-way line of Ballard Avenue and following the contiguous north line of said 18.13 acre Wylie-FB tract and south line of said 38.13 acre Wylie-FB tract,passing at a distance of 30.00 feet the east line of an existing gas easement described in a deed to the Lone Star Gas Company as recorded in Volume 273,Page 179 of the Deed Records of Collin County,Texas(D.R.C.C.T.),and continuing for a total distance of 32.77 feet to a point for corner; THENCE South 44°17'09"West,departing the north line of said 38.13 acre Wylie-FB tract and following the proposed east right-of-way line of Ballard Avenue,a distance of 299.72 feet to a point for corner; THENCE South 43°55'56"West,continuing along the proposed east right-of-way line of Ballard Avenue, a distance of 464.52 feet to a point for corner,said point being on the south line of said 18.13 acre Wylie- FB tract,the same being on the north line of said 3.89 acre Wylie-FB tract; THENCE North 45°16'21"West,following along the contiguous south line of said 18.13 acre Wylie-FB tract and the north line of said 3.89 acre Wylie-FB tract,passing at a distance of 7.30 feet the east line of said Lone Star Gas utility easement,and continuing for a total distance of 37.30 feet to the POINT OF BEGINNING,and containing 0.6048 acres. The Basis of Bearing is State Plane NAQ'83,North Central Texas lone. '<P'E,QTF k14,q . • • ORFti.s MACKIE KLINGBEIL q #3957�•r.• r•w 1r • ��0 swelli� Exhibit"A" tS tlofl Resolution 2013-24(R)-Ballard Avenue Project Determining Public Necessity to Acquire By Purchase Certain Properties Page 27 of 68 EXHIBIT"B" I 1 1 LDnesla, Gas RIGHT-OF-WAY ACQUISITION 1 1--------___30'Gas Line Easement i. 38.13 Acres Wylie-FB,Ltd. I I 1 Vat 273, Pege 179 Wylie-FB, Ltd. City of Wylie.Texas I D.R.0 C i VOL. 5849, PG. 1778 (BA-6) _.-I DRCC.i. 8 I I S 45'16'24" E \''' d I )1(---- 32.77' ___ — k \ f OO N 94'29'39"' E f�' S 4417'09" W ��ty�� too ra o leo �o0 764.20'T� 299.72' O�,JQ r�.7�,O' r.sae TRACT AREA C��O(`��t The Basis of Bearing is Stote Plane / W 0.6048 acres .4- SAD '83, North Central Texas Zone. JG� (26,345.44 SgFt) a W 18.13 Acres 0JA ¢ Wylie—F8, Ltd, 0c\ O VOL. 5849, PG. 1776 �4'4.`4. �r yet D.R.C.C.T. fi, 4e rxt Q `� - -A - S 4355'56" W {`4a' 454.52' w I I �t4 `' s if, 1 ��y2i W�.oe 4 - - - --Ft— — Toy {, co --- 1 Aa 0 POB 11 I N 4516'21" W o 1 1 1 37.30' I ,. 6'y \ oc>` 1 I t� p'i 4" � C�' t I I 3.89 Acres S r 1,,. c)-• 'o`' 1 I 1 Wylie-FS, Lid. � cf. i ��1 V.. 10 I VOL. 5849, PG 1780 p, - 1 I i D.R.C.C.i f 0\,�Q�`�t�1a• y' 1 - IIv. -�LoneStar Gas c:`> c'"C Lt0 43' 1 30'Gos Line Easemen!/ S ,Oci e w1 I vat 273, Page 179/ 1?` 0', 1 1 DPCC-T �• Q I ,' I�nq r.7wi ---- 1 I MI allIdd RLK ENGINEERING,INC - 111 West Main Street . SE 9F TF-t- . iirwirw Allen,Texas 75013 yF a*9R1 ' (972)359-1733 Off it °sa.....`• ilingliilMWM (972)359-1833 Fax MACKIE LINGBE' �� I(LINGBEIL PItOIECT: DATE: DRAWN 6Y: ••�•�••a•••«••••••••q•r,,. 09001 F Ballard Street August 10,2012 RLK 9ot g$ p�r'� r� 1 CAD ID: SCALE. CHECKED BY: /%/ �' I'�'�..", .V r Wyl{eFBLtdROW2.dwg 1"=200' RLK ate- . r i' , i. 1 Resolution 2013-24(R)-Ballard Avenue Project Determining Public Necessity to Acquire By Purchase Certain Properties Page 28 of 68 Exhibit"7" (following 2 pages) Resolution 2013-24(R)-Ballard Avenue Project Determining Public Necessity to Acquire By Purchase Certain Properties Page 29 of 68 EXHIBIT"A" Right-of-Way Acquisition Wylie-FB,Ltd. (Tract BA-7) BEING a 0.5944 acre tract of land situated in the Guadalupe De Los Santos Survey,Abstract No. 1109 in Collin County,Texas,and being part of a 3.89 acre parcel of land as described in a deed to Wylie-FB,Ltd.as recorded in Volume 5849,Page 1780 of the Deed Records of Collin County,Texas(D.R.C.C.T.)and being more particularly described as follows: BEGINNING at a concrete monument found in the existing east right-of-way line of Ballard Avenue,the same being the northwest corner of said 3.89 acre Wylie-FB tract; THENCE South 45°16'21" East, departing the existing east right-of-way line of Ballard Avenue and following the north line of said 3.89 acre Wylie-FB tract,the same being the south line of a 18.13 acre tract of land described in a deed to Wylie-FB,Ltd.as recorded in Volume 5849,Page 1776 of the Deed Records of Collin County,Texas(D.R.C.C.T.),passing at a distance of 30.00 feet the east line of an existing gas easement described in a deed to the Lone Star Gas Company as recorded in Volume 273,Page 179 of the Deed Records of Collin County,Texas(D.R.C.C.T.),and thence continuing for a total distance of 37.30 feet to a point for corner; THENCE South 43°55'56"West,departing the north line of said 3.89 acre Wylie-FB tract and following the proposed east right-of-way line of Ballard Avenue,a distance of 177.34 feet to a point; THENCE South 44°20'24"West,continuing along the proposed east right-of-way line of Ballard Avenue, a distance of 303.84 to a point; THENCE South 44'51'5I"West,continuing along the proposed east right-of-way line of Ballard Avenue, a distance of 170.99 to a point for corner,said point being in the south line of said 3.89 acre Wylie-FB tract,the same being in the north line of a tract of land described in a deed to Wylie-FB,Ltd.as recorded in Book 2005024,Page 6359 of the Deed Records of Dallas County,Texas(D.R.D.C.T.); THENCE South 84'15'39"West,following the contiguous south line of said 3.89 acre Wylie-FB tract and the north line of said Dallas County Wylie-FB tract,passing at a distance of 12.18 feet the east line of said Lone Star Gas utility easement,and continuing for a total distance of 35.58 feet to a concrete monument found for corner,said point being in the existing east right-of-way line of Ballard Avenue; THENCE North 45'16'21"West,continuing along the contiguous south line of said 3.89 acre Wylie-FB tract and existing east right-of-way line of Ballard Avenue,a distance of 15.01 feet to a concrete monument found for corner; THENCE North 44'24'39"East,departing the south line of said 3.89 acre Wylie-FB tract and continuing along the existing east right-of-way line of Ballard Avenue,a distance of 679.59 feet to the POINT OF BEGINNING and containing 0.5944 acres. The Basis of Bearing is State Plane NAD'83,North Central Texas Zone. MACKIE KLINGBEIL .. �kq #39574?e}r r�tipt.,8*�oQ, ,,.' Exhibit"A" e t r p 'E` RI �� , J eet i of l (ode Resolution 2013-24(R)-Ballard Avenue Project Determining Public Necessity to Acquire By Purchase Certain Properties Page 30 of 68 / / , EXHIBIT "B" �";,,2�2 RIGHT-OF-WAY ACQUISITION Wylie-FB.Ltd- x` pvpc� O ti;•r' r / e r..., City of Wylie.Texas o,� tk, �5 �/� ,`'t' IBA-7I 2 5�to ' `,�. i , -.,,` n. r / tit ' ,o POB �y I ' r 18.13 Acres /r /•/j /r Wyie—F8. Ltd. z. \ vOL 5849, PC. 1776 S / r, ,.' D.A.C.C.7 aancRETE , _- /HaNUMENT r 5 45.16'2," E 37 30' 50 25 0 50 100 ',e 0a The Basis of Hearing is Stote Plane ' \ 5 NAD•83, North Central Texas Zone- ' / C, Pic ,q S `C5 'flos '& C.,' -1" GI / N-�� 3-89 Acres ; A�..V Wylie—FB, Ltd. 1 VOL. 5849, PC. 1780 /D.R.C.C.T.. / 2BRACT AREA / - 0.5944 acres (25,892.31 SgFt) / ra „nA!uvE of ios SANrap _Attsr ,sN4.Pc 565 row-crnu_ £ — —— — Q,AoI.urL OF.Las SANros 5�1 n +; g ) �°� 5 84•P5'39" W 0e A. / m 35.58' Wylie—re, Ltd C�y(l��f IE1 \ � NI 45'15'21" W BOOK 20DOP D C T.PC. 6359 GJ00 c 0o' 15-01' e�0 r,“, f)5 P PEE. RLK West INCtiMilfIA ," 1 11 West Main Street ;� S�OF tF Allen,Texas 75013 :,c-...: o,sTFA`''4ilt• Mli (972)359-1733 Off 7@� 4' <.d': {972)359-1&33 Fax "MACKIE KLINGBELL .. '4 s9Q......................t.....8 PROJECT: DATE: DRAWN BY. #3957 09001 F Ballard Street October 2012 RLK CAD ID:. SCALE: CHECKED BY ir... 's S 4 jj.; t WyiieFBLtdROW3.dwg l'=100' RLK `I� 4 he I0_%I' ".+: t. if .. . J Resolution 2013-24(R)-Ballard Avenue Project Determining Public Necessity to Acquire By Purchase Certain Properties Page 31 of 68 Exhibit"8" (following 2 pages) Resolution 2013-24(R)-Ballard Avenue Project Determining Public Necessity to Acquire By Purchase Certain Properties Page 32 of 68 EXHIBIT"A" Right-of-Way Acquisition Wylie-FB, Ltd. (Tract BA-8) BEING a 0.1844 acre tract of land situated in the Guadalupe De Los Santos Survey,Abstract No.1384,Page 565 in Dallas County,Texas,and being part of a parcel of land as described in a deed to Wylie-FE,Lid. as recorded in Volume 2005024, Page 6359 of the Deed Records of Dallas County, Texas (D.R.C.C.T.) and being more particularly described as follows: BEGINNING at a concrete monument found in the existing east right-of-way line of Ballard Avenue,same being the northwest corner of said Wylie-FB tract; THENCE North 84°15'39"East,departing the existing east right-of-way of Ballard Avenue and following the north line of said Wylie-FB tract,the same being the south line of a 3.89 acre tract of land described in a deed to Wylie-FB, Ltd.as recorded in Volume 5849,Page 1780 of the Deed Records of Collin County, Texas(D.R.C.C.T.),a distance of 35.58 feet to a point for corner; THENCE South 44°51'51"West,departing the north line of said Wylie-FB tract and following along the proposed east right-of-way line of Ballard Avenue,a distance of 392.84 feet to a point for corner,said point being in the south line of said Wylie-FB tract; THENCE North 45°16'21"West,following the south line of said Wylie-FB tract,the same being the north line of a tract of land described in a deed to Jorge Granados as recorded in Dallas Clerk File No. 20 1200 1 59093 of the Deed Records of Dallas County,Texas(D.R.D.C.T.),a distance of 19.69 feet to a point for corner,said point being the southwest corner of said Wylie-FB tract,same being the northwest corner of said Granados tract,same also being in the existing east right-of-way line of Ballard Avenue; THENCE North 44°24'39'East,following along the existing east right-of-way line of Ballard Avenue,a distance of 365.40 feet to the POINT OF BEGINNING,and containing 0.1844 acres. The Basis of Bearing is State Plane NAD'53,North Central Texas Zone OF ;h.kte RF-S' fQ o. MACKIE KL1NGBEIL #3957 t r! sQF toy: b AMEN Exhibit"A" / Sheet I of I Resolution 2013-24(R)-Ballard Avenue Project Determining Public Necessity to Acquire By Purchase Certain Properties Page 33 of 68 r EXHIBIT „B., 0;4. ,' RIGHT-OF-WAY ACQUISITION fie ,' ,' Wylie-FB,Ltd. 1"' , N / / City of Wylie,Texas • Q,Q , t ��j L eStor Cou 8A 131 '*s.. Qs , C�50'Goo tine Easement / ,' , vol 273, Pape 179 yet fl 2G, ,' 0 R G C r�° / �p6 • / V 1 aC) �r / 4, / /' 3,89 Acres 2 ^ �� p. , Wylie-Fe, Ltd. a 1Q ® \°G�• /' PJ� ,' VOL. 5849, PG 1780 ' ,C O. �' �S6 /O ' D.R.C-C.T O h� .. i �� , `G' /' / bhp CaG CO no � POB PZ N 8 35.539- E rr) r-MY /- .! 4./ ,` 55.58' a.a�upr p€� swyos s `esr Teal t (ou cuunTM The Boma of Bearing is State Pieria. / (yy�_ C �µ�px ae ia5 StiN70s wRwE'�- HAD 83,North Central Texas Zone. ,/ IR1 t / N q¢1 o` �. a ' / 4 *` �'P .,ati$ TRACT AREA / nt, IN. = 0.1844 acres e (8,033.16 SOTO) /i/ C, -- //, / Wylie—Fa Ltd. / BOOK 2005024, PG. 6359 • D.R.D.C.T. / r \ N 4516'21' W 19.69' \ / \ \ ve i Ft, \�` \O�e�1Jey 135 Jorge Cranados GO (gyp G O.c.F N. 201200159093 \ 5O,pyvta y � 0 R.D.C,T. / age / \ / \ / \ / \ lAinf t RLK ENGINEERING,INC ; 4s.QF rp,-.. ill West Main Street •,'•�: ,s rr:::1 Alien,Texas 75013 `y�° AF©" (972)359-1733 Off �s.. (972)359-1833 Fax • MACKIE KLINGBEIL PRopecr. DATE: DRAWN BY: �•p 1 w 957�~ .p 09001 F Ballard Street October 2012 RLK ///)))�� ' Ce s s tCi CAD ID: SCALE. CHECKED BY. r ''�9 Simi /i.. `WylieFBLtdROW4.dwg l"=100' RLK 0 e r` ..`'� n �}i/ C / C t� Resolution 2013-24(R)-Ballard Avenue Project Determining Public Necessity to Acquire By Purchase Certain Properties Page 34 of 68 Exhibit"9" (following 3 pages) Resolution 2013-24(R)-Ballard Avenue Project Determining Public Necessity to Acquire By Purchase Certain Properties Page 35 of 68 EXHIBIT"A" Permanent Drainage Easement Acquisition North Texas Municipal Water District (Parcel BA-1-DE) Tract 1 BEING a 0.0465 acre Drainage Easement situated in the A.ATTERBURY SURVEY,ABSTRACT No.23 in Collin County,Texas,and being part of a parcel of land described in a deed to the North Texas Municipal Water District. as recorded in Volume 4407, Page 0825 of the Deed Records of Collin County,Texas(D.R.C.C.T),also being in Lot I,Block A of Twin Lakes Subdivision,Phase 1 as recorded in Cabinet G,Page 561 of the Plat Records of Collin County,Texas(P.R.C.C.T.)and being more particularly described as follows: COMMENCING at V. inch iron rod found at the intersection of the existing east right-of-way line of Ballard Avenue and existing south right-of-way line of Martin Drive,the same being the northwest corner of a tract of land described as Lot 48, Block A of the Twin Lakes Subdivision, Phase 1 as recorded in Cabinet G,Page 561 of the Plat Records of Collin County,Texas(P.R.C.C.T.); THENCE North 00'30'17"East,following the existing east right-of-way line of Ballard Avenue,a distance of 50.00 feet to a point,said point being the intersection of the existing east right-of-way line of Ballard Avenue and the existing north right-of-way line of Martin Drive,same also being on the south line of said NTMWD tract; THENCE South 89'29'43" East, departing the existing east right-of-way line of Ballard Avenue and following the existing north right-of-way line of Martin Drive,a distance of 40.62 feet to the POINT OF BEGINNING; THENCE North 00'32'49" East, departing said north right-of-way line of Martin Drive, a distance of 135.00 feet to a point,said point being on the north line of said NTM WD tract; THENCE South 89°29'43"East,following the north line of said NTMWD tract,a distance of 15.01 feet to a point; THENCE South 00°32'49"West,departing the north line of said NTMWD tract,a distance of 135.00 feet to a point in the aforementioned north right-of-way line of Martin Drive; THENCE North 89°29'43"West,following the contiguous north right-of way line of Martin Drive and the south line of said NTMWD tract,a distance of 15.01 feet to the POINT OF BEGINNING and containing 2,026.98 square feet,or 0.0465 acres of land. The Basis of Bearing is State Plane NAB'83,North Central Texas Zone. Exhibit"A" Sheet I of 2 Resolution 2013-24(R)-Ballard Avenue Project Determining Public Necessity to Acquire By Purchase Certain Properties Page 36 of 68 Tract 2 BEING a 0.0465 acre Drainage Easement situated in the A.ATTERBURY SURVEY,ABSTRACT No.23 in Collin County,Texas,and being part of a parcel of land described in a deed to the North Texas Municipal Water District. as recorded in Volume 4407,Page 0825 of the Deed Records of Collin County,Texas(D.R.C.C.T),also being in Lot 48,Block A of Twin Lakes Subdivision,Phase 1 as recorded in Cabinet G,Page 561 of the Plat Records of Collin County,Texas(P.R_C.C_T.)and being more particularly described as follows: COMMENCING at '/A inch iron rod found at the intersection of the existing east right-of-way line of Ballard Avenue and the existing south right-of-way line of Martin Drive,the same being the northwest corner of said North Texas Municipal Water District(NTM WD)tract; THENCE South 89°29'43"East,departing the said existing east right-of-way line of Ballard Avenue and following the south right-of-way line of Martin Drive, a distance of 40.58 feet to the POINT OF BEGINNING; THENCE South 89°29'43"East,continuing along the south right-of-way line of Martin Drive,the same being the north line of said NTMWD tract,a distance of 15.01 feet to a point; THENCE South 00°32'49" West, departing the south right-of-way line of Martin Drive, a distance of 135.00 feet to a point,said point being on the south line of said NTMWD tract,the same being on the north line of a tract of land described in a deed to the East Fork Special Utility District as recorded in Volume 4654,Page 2624 of the Deed Records of Collin County,Texas(D.R.C.C.T); THENCE North 89°29'43"West,following the contiguous south line of said NTMWD tract and north line of said East Fork Special Utility District tract,a distance of 15.01 feet to a point; THENCE North 00°32'49"East,departing the south line of said NTMWD tract,a distance of 135.00 feet to the POINT OF BEGINNING and containing 2,026.98 square feet,or 0.0465 acres of land. The Basis of Bearing a State Plane NAD'83,North Central Texas"Lone. OFr. kt k. M+M1 o�ereA ' MACKIE KLINGBEIL 4 #i3957 2 , / Exhibit"A" Sheet 2 of 2 Resolution 2013-24(R)-Ballard Avenue Project Determining Public Necessity to Acquire By Purchase Certain Properties Page 37 of 68 i EXH I BIT r'B" r--� I • I PERMANENT DRAINAGE sorgeI EASEMENT ACQUISITION .' pttetbuNo 23 North Texas Municipal Water District , V a - City of Wylie.Texas na r I0gCrOG {BA-t-DE) —/ �I _s _ . S.'Y. I �I< - S 89'29'43" E I t5.01' I ® _ I IO'! (tech*Easement T,�� -' CABINET G.PAGE 5C1 i tifainD 3 'Vick(Loge Eosemr'Il I LOT 1 v0i. 508, AU158 DR c r North Texas Municipal tr._ _ Water District so is o 30 as t1! _I \i VOL- 4407, PAGE 0825 swim I O.R.C.C.7. The Basra of Hewing is State Plane N N 00'32'49' E TRACT 1 AREA NAD 583, North Central Texas zone. *C, 135.00' • — = 0.0465 acres LQ1 2 i(2,026.98 SgFt) BLOC'',A TWIN tAkES 5USDINS9ON I PHASE + Wriness Call CnB+NEr G.PA.CE. 56/ 5 89'29'43"E I P.F.0 C I 40s2'� S.00'32'49" W _1- 135.00' I Ls,,"a Kory Athens Call / N 89 N 00'30'17'E '29'43" W sO.Oo' PbB 15.01' MARTIN DRIVE • POC POB S 8929'43" £ 15.01' W'Iness Cat 2 f�{'��\-- t 8? �.48 S 80,58' "E 4 North Texas Municipal ff,.58' Water District I VOL 4407, PAGE 0825 D.R.C.C.7. I N 0E132'49" E - S.00 32'49' W 135.00' 135.00' L0147 NT1AV/ &LOG A JO.Wafer Line EasFmenl-- F 7IRACT 2 AREA 1"LAOES SUSD!149ON vO 150.3,PAGE 36 c PAGE 501 •-1 PHASE r DRC C T D.D465 acres 0 C'ABIorr . I {�2,D26,98 WOPFtcT G>)L7 1 �<1 c. NIA — y_ -- —.� �c � , _ ,G, r.U. Peco,c Easement \ ri' a �"x - I CARNET G.PAGE 56+ ?,`t0 w l " N 8929'43" W '; 15.01' La,l rort Special tI hlily Oisnrcl C VCI 1h5-I.PAGE?62,I DR LC1 RLK ENGINEERING,INC GF T;. l l] West Main Street 4�� sTi.F.74 IIMAINSIlik Allen,Texas 75013 • •�4*94, S' irlS�Isl�--�JI,�I (972)359-1733 Off '....�..„,,,�„,ralli4 (972)359-1833 Fax ' MACKIEKLING13EIL PROJECT; DATE.- DRAWN BY: ' 9 #3957 09001F Ballard Street November2012 RLK �'�PE@gam+. rl CAD ID: SCALE: CHECKED BY: `.,_,,r_S�,V +; , � `NTMWD_DE.dwg 1"=50' RLK iJ .r? P ��, 414t//J I �C / Resolution 2013-24(R)-Ballard Avenue Project Determining Public Necessity to Acquire By Purchase Certain Properties Page 38 of 68 Exhibit"10" (following 2 pages) Resolution 2013-24(R)-Ballard Avenue Project Determining Public Necessity to Acquire By Purchase Certain Properties Page 39 of 68 EXHIBIT"A" Permanent Drainage Easement Acquisition East Fork Special Utility District (Tract BA-2-DE) BEING a 0.0572 acre Drainage Easement situated in the A.ATTERBURY SURVEY,ABSTRACT No.23 in Collin County,Texas,and being part of a parcel of land as described in a deed to East Fork Special Utility District as recorded in Volume 4654,Page 2624 of the Deed Records of Collin County,Texas(D.R.C.C.T.)and being more particularly described as follows: COMMENCING at a 1/2 inch iron rod found at the intersection of the existing east right-of-way line of Ballard Avenue and the existing south right-of-way line of Martin Drive; THENCE South 89a29'43"East,following along the existing south right-of-way line of Martin Drive,a distance of 40.48 feet to a point for corner,said point being the intersection of the existing south right-of- way line of Martin Drive and the proposed east right-of-way line of Ballard Avenue; THENCE South 00'32'49" West, following the proposed east right-of-way line of Ballard Avenue, a distance of 135.00 feet to the POINT OF BEGINNING,said point being the intersection of the proposed east right-of-way line of Ballard Avenue and the north line of said East Fork Special Utility District tract; THENCE South 89'30'59" East, departing the proposed east right-of-way line of Ballard Avenue and following the north line of said East Fork Special Utility District tract,the same being the south line of a tract of land described in a deed to the North Texas Municipal Water District(NTMWD)as recorded in Volume 4407,Page 0825 of the Deed Records of Collin County,Texas(D.R.C.C.T.),a distance of 10.00 feet to a point for corner; THENCE South 00'32'49"West,departing the existing north line of said East Fork Special Utility District tract and following the proposed drainage easement line,passing at a distance of 189.18 feet the north line of a 10 foot wide utility easement described in a deed to Oncor Electric Delivery Co. as recorded in Volume 5566,Page 2673 of the Deed Records of Collin County,Texas(D.R.C.C.T.),and continuing for a total distance of 249.15 feet to a point for corner, said point being on the south line of said East Fork Special Utility District tract,the same being on the north line of a tract of land described in a deed to James & Stacy Gee as recorded in CCFNII 20080311000291280 of the Deed Records of Collin County,Texas (D.R.C.C.T.); THENCE North 89'43'46"West,following the contiguous south line of said East Fork tract and the north line of said Gee tract,for a total distance of 10.00 feet to a point for comer,said point being the intersection of the proposed east right-of-way line of Ballard Avenue and the south line of said East Fork tract; THENCE North 00'32'49"East,departing the south line of said East Fork tract and following the proposed east right-of-way line of Ballard Avenue,passing at a distance of 50.00 feet the south line of said Oncor Electric utility easement,and continuing for a total distance of 249.18 feet to the POINT OF BEGINNING and containing 0.0572 acres of land. The Basis of Bearing is State Plane NAD'83.North Central Texas Zone - S OF r� - , � ottiTBq MACKIE KLINGBEIL 7. o #3957 t 1 �!�we9g\�� r a,ul1�E P'/ rztr Exhib'j'A" Sheet of I Resolution 2013-24(R)-Ballard Avenue Project Determining Public Necessity to Acquire By Purchase Certain Properties Page 40 of 68 r EXHIBIT "B" 1-. 4, POG MARTIN DRIVE PERMANENT DRAINAGE • - Tow w -- EASEMENT ACQUISITION Witless Cali I East Fork Special Utility District S 8029'4.$'€ Lai 47 City Of Wylie.Texas i O.4&' b - ;, BLOCK A lBA-2--DEI '.I,' rive LAKES SU&Di rsoN _.,/ Witness Call 3 o c, PHASE 1 S 0032>49'W a 4 175.00' I ,.3 I z o. POB I as ,ae o as so wlk — I — — it- I._50 34, The Basis of @Baring is Slate Plane NTM S 8930'59" E NAD"83, North Control Teoos Zone JO'Water Lire Eose,meat f�, 1 10.00' vOL' SOS.P+OL r-9 / 1 O.R G.0 r II AMMO IS'(Water tine Easement �- DRAINAGE EASEMENT AREA vice 1'2. ,4a, ., \- = 0.0572 acres VRCCF (2,49l.65 SqFt) I I CID } ('] Oi �f11�� I a I N H �o O' I J w East Fork Special Utility District �O =. I v Q VOL. 4654, PAGE 2624 ° I o I l N ®.R.C.C.r. 2.; t,. a I I c) r n t, V 4j —i' 0 Q CPrt'j o I z/ cn 0 tav yJG v l G\ /� P\ta W I II. P'�,oy . I - - - " 0 ' _ ONCC)€Eteclric Celery Co. Q I (Hectic Easement Cl I I f_._ �I N 89'43'46" W 10.00' _I .. - 1 - - - - - — - - — - - - . I I. I James&Stacy Gee w CSNf=�t�, nGciO°•;�O0 If; I lE7I I O-- A. ATTERBURY SURVEY MAW U.W. WILI.IAMS SURVEY I I 10 1 'Water Line Easement i NTA4140 I /,, — 1 'eli �r__ r,nF[24,b JO Water Line Ea meni nerve r J I I Mary Slone Nowrey L v;rg Gull I, p n ! I \ r Eas!Fn Spectaf Willy District '�.� 2D'ILer Line Easemen! hiall INICAV RLK ENGINEERING,INC F.> i 1OF r� l]1 West Main Street n;�'��`�is T................. ,��'p�,�,, Allen,Texas 75013 r'� A v illiMiNgNi (972)359-1733 Off ,/' , tvf CKIE KLINGBEIL ,) (972)359-1833 Fax , ............. ..a.. PROJECT. 1 DATE DRAWN BY. ! vs. 43957_si, r 0900 IF Ballard Street November2012 RLK 1y PF;g1'0 a rr CAD ID. sr AI CHECKED BY. ` ` R'��0- ' -el, EastForILDE.dwg I"�50' RLK , �' •lir e Resolution 2013-24(R)-Ballard Avenue Project Determining Public Necessity to Acquire By Purchase Certain Properties Page 41 of 68 Exhibit"11" (following 2 pages) Resolution 2013-24(R)-Ballard Avenue Project Determining Public Necessity to Acquire By Purchase Certain Properties Page 42 of 68 EXHIBIT"A" Permanent Drainage Easement Acquisition lames and Stacy Gee (Tract BA-3-DE) BEING a 0.0242 acre Drainage Easement situated in the A.ATTERBURY SURVEY,ABSTRACT No.23 in Collin County,Texas,and being part of a parcel of land as described in a deed to James and Stacy Gee as recorded in County Clerk No.200803 1 1 00029 1280 of the Deed Records of Collin County,Texas(D.R.C.C.T_)and being more particularly described as follows: COMMENCING at a'!z inch iron rod found at the southwest corner of said Gee tract,said point also being the northwest corner of a tract of land described in a deed to the Mary Stone Howrey Living Trust as recorded in County Clerk No. 20110217000178570 of the Deed Records of Collin County, Texas (D.R.C.C.T.),the same point being in the existing east right-of-way line of Ballard Avenue; THENCE South 89°27'52"East,following along the contiguous south line of said Gee tract,and the north line of said Howrey Trust tract,a distance of 40.28 feet to the POINT OF BEGINNING,said point being in the proposed east right-of-way line of Ballard Avenue; THENCE North 00°32'49"East,departing the south line of said Gee tract,and following the proposed east right-of-way line of Ballard Avenue,a distance of 29.97 feet to a point in the north line of said Gee tract, the same being the south line of a tract of land described in a deed to the East Fork Special Utility District as recorded in Volume 4654,Page 2624 of the Deed Records of Collin County,Texas(D.R.C.C.T.); THENCE South 89'31'55" East, departing the proposed east right-of-way line of Ballard Avenue and following the contiguous north line of said Gee tract and south line of said East Fork tract,a distance of 35.09 feet to a point; THENCE South 00°32'49"West,departing the north line of said Gee tract,a distance of 30.01 feet to a point on the south line of said Gee tract; THENCE North 89'27'52"West,following along the south line of said Gee tract,the same being the north line of said Howrey Trust tract,a distance of 35.09 feet to the POINT OF BEGINNING,and containing 1,052.34 square feet,or 0.0242 acres of land. The Basis of Bearing is State Plane NAt)'83,North Central Texas Zone ( KIENGIL * AS1 8 T ' p"-q � �O C KU9 #3957 r 'Na&URY oC)I'' Fe /ki xhibit"A" Q t beet l of l Resolution 2013-24(R)-Ballard Avenue Project Determining Public Necessity to Acquire By Purchase Certain Properties Page 43 of 68 EXHIBIT"B" 1 PERMANENT DRAINAGE EASEMENT ACQUISITION I se' lames and Stacy Gee N1MeD ;-0-,.. City of Wylie,Texas �1 -- 50T Water Lee Easement ('I (BA-3-QE �) f ct sos.Ala r 3 ,0 ....c: 1 oRCC I 2C - y1 � , k rC NNAWE1 ID-Water Line Easement `,. 101 s42;.Pact »aa ® p RCCr L I(u = I i , ,. I Losl l al, Spec10l Gi l ly thslnct 1 s S VtI,. a65+.PACE 262., ORCCr IS 25 115 0 25 50Il I II 1'..Sa' I The Basis of Bearing is State Plane NAD'83, North Central Teras Zone. I_ _ _ _ s ONCOR£leclrli Delivery Co — Electeic Eaneencnl va.SORB.R PAC[2673 I S 89'31'55" E N 00'32'49" E 35.09' 29.97' -----7 S 00'32.49" W DRAINAGE EASEMENT AREA — _ — —30.01_ — = 0.0242 acres James & Stacy Gee (1.052.34 SgEt) CCFN// 20080311000291280 1/2•Irf D.R.C.C.T. ___R- - - - - LU / POO POB Q Witness Coll I N 835 09 2 W S 8977'52" E CC 40.28' ZMoey Stone ftowrey LI6,19 1-., CCrN. 20110211000119570 czi I 0 R C C1 NflfAC -ID'Woler Line Eosemenl 161 . i NJE. a.155.PACE 2476 OREEl I i G. -,.� C�L1 }I - s �� East Toil, Special CWihlyasement eislricl _I I CC Yloler 072 Ea.emrnl 2 CCM 20r 107280007E6610 r6 s la DRCC7. g ,. Iw I 1 I I/7 1 NNW .__ 50'Dole,Lice Casement VOL 509,PAGE ISE COCCI • MI MAAV R 1K1 EWNGesINMEEaiRI NSGe, oipT 94 .', Allen,Texas 013 ` ..IIIIINNIESEN .,` (972)359-l 733 Oaf MACKIE IU"JNGBEIL {972)359-1833 Fax , 9 #3957 ' ,. PROJECT. DATE. DRAWN BY: Op•BStiQ�. , 0400I F Ballard Street October 2012 RLK ''4f ,.` ..-«�,I CAD ID, SCALE --- CHECKED BY. _ -- 1 , ..I. UReVErI' ":.I lamesGee_bE.dwg I"=50' RLK i.49I I 'fir i Resolution 2013-24(R)-Ballard Avenue Project Determining Public Necessity to Acquire By Purchase Certain Properties Page 44 of 68 Exhibit"12" (following 5 pages) Resolution 2013-24(R)-Ballard Avenue Project Determining Public Necessity to Acquire By Purchase Certain Properties Page 45 of 68 EXHIBIT"A" Permanent Drainage Easement Acquisition Mary Stone Howrey Living Trust (Tract BA-4-DE) Tract I BEING a 0.4506 acre Drainage Easement situated in the D.W.Williams Survey,Abstract No.980 in Collin County, Texas,and being in a parcel of land as described in a deed to the Mary Stone Howrey Living Trust as recorded in County Clerk File No.20110217000178570 of the Deed Records of Collin County,Texas(D.R.C.C.T.)and being more particularly described as follows: COMMENCING at a point at the intersection of the existing east right-of-way line of Ballard Avenue and the existing north right-of-way line of Elm Road(C.R.381); THENCE North 89°59'14" East, departing the existing east right-of-way line of Ballard Avenue and following the existing north right-of-way line of Elm Road, a distance of 60.32 feet to the POINT OF BEGINNING; THENCE departing the existing north line of Elm Road and following the proposed drainage easement line in a northerly direction,the following courses and distances to whit: North 05'52'47" East,a distance of 28.20 feet to the beginning of a curve to the left having a central angle of 00°05'24",a radius of 4550.70 feet,and a chord that bears North 05°45'15"East a distance of 7.14 feet; Along said curve to the left,an arc distance of 7.14 feet to a point for the end of said curve to the left; North 85°30'58"West,a distance of 19.44 feet to a point; North 04°29'02"East,a distance of 15.00 feet to a point; South 85°30'58"East,a distance of 19.74 feet to the beginning of a non-tangent curve to the left having a central angle of 04°57'04", a radius of 4550.70 feet, and a chord that bears North 03°02'41"East a distance of 393.12 feet; Along said curve to the left,an arc distance of 393.24 feet to a point for the end of said curve to the left; North 00°32'O8"East,a distance of 21.75 feet to a point; North 89°29'43"West,a distance of 24.60 feet to a point; North 00°30'17"East,a distance of 15.00 feet to a point; South 89°29'43"East,a distance of 24.61 feet to a point; North 00°32'08"East,a distance of 571.09 feet to a point; North 89°27'11"West,a distance of 19.75 feet to a point; THENCE North 00°32'49"East,a distance of 15.00 feet to a point; THENCE South 89°27'11"East,a distance of 19.75 feet to a point; THENCE North 00°32'08" East, a distance of 131.54 feet to a point in the north line of said Howrey Trust tract,the same being the south line of a tract of land described in a deed to James and Stacy Gee as recorded in County Clerk No. 20080311000291280 of the Deed Records of Collin County,Texas(D.R.C.C.T.); Exhibit"A" Sheet 1 of 3 Resolution 2013-24(R)-Ballard Avenue Project Determining Public Necessity to Acquire By Purchase Certain Properties Page 46 of 68 THENCE South 89°27'52"East,following the contiguous north line of said Howrey Trust tract and south line of said Gee tract,a distance of 15.37 feet to a point; THENCE Departing the north line of said Howrey Trust tract, and following the proposed drainage easement line in a southerly direction,the following courses and distances to whit: South 00'32'49"West,a distance of 500.13 feet to a point; South 00'30'17"West,a distance of 363.98 feet to the beginning of a curve to the right having a central angle of 05°10'17",a radius of 2457.03 feet,and a chord that bears South 03°55'40"West a distance of 221.69 feet; Along said curve to the right,an arc distance of 221.77 feet to a point for the end of said curve to the right; South 04°29'02"West,a distance of 111.97 feet to a point in the existing north right-of-way line of Elm Road; THENCE North 89°55'55"West,following the existing north right-of-way line of Elm Road,a distance of 16.45 feet to the POINT OF BEGINNING and containing 19,628.58 square feet,or 0.4506 acres of land. Tract 2 BEING a 0.2631 acre Drainage Easement situated in the D.W.Williams Survey,Abstract No.980 in Collin County, Texas,and being part of a parcel of land as described in a deed to the Mary Slane Howrey Living Trust as recorded in County Clerk File No.20110217000178570 of the Deed Records of Collin County,Texas(D.R.C.C.T.)and being more particularly described as follows: COMMENCING at a point at the intersection of the existing east right-of-way line of Ballard Avenue and the existing south right-of-way line of Elm Road(C.R.381); THENCE South 89°59'39"East,following the existing south right-of-way line of Elm Road(C.R.381),a distance of 60.31 feet to the POINT OF BEGINNING; THENCE South 89°59'39"East,continuing along the existing south right-of-way line of Elm Road(C.R. 381),a distance of 17.44 feet to a point; THENCE Departing the existing south right-of-way line of Elm Road (C.R. 381) and following the proposed drainage easement line in a southerly direction the following courses and distances to whit: South 04°29'02"West,a distance of 42.72 feet to a point for the beginning of a curve to the right having a central angle of 05°23'54", a radius of 1007.50 feet and a chord that bears South 07'10'59"West a distance of 94.89 feet; Along said curve to the right,an arc length of 94.93 feet to a point for the end of said curve to the right; South 09°52'57"West,a distance of 240.92 feet to a point,said point being the beginning of a curve to the right having a central angle of 09°31'39",a radius of 307.50 feet and a chord that bears South I4''38'46"West a distance of 51.07 feet; Along said curve to the right,an arc length of 51.13 feet to a point for the end of said curve to the right; Exhibit"A" Sheet 2 of 3 Resolution 2013-24(R)-Ballard Avenue Project Determining Public Necessity to Acquire By Purchase Certain Properties Page 47 of 68 South 19°24'36"West,a distance of 58.81 feet to a point; South 15°25'55"East,a distance of 21.21 feet to a point; South 45°16'24"East,a distance of 108.17 feet to a point; THENCE South 44°43'36"West,a distance of 18.01 feet to a point in the existing north right-of-way line of Pleasant Valley Road,the same being on the south line of said Howery Trust tract; THENCE North 45°16'24" West, following the contiguous existing north right-of-way line of Pleasant Valley Road and the south line of said Howrey Trust tract,a distance of 20.00 feet to a point; THENCE North 44'43'36"East,departing the existing north right-of-way line of Pleasant Valley Road,a distance of 3.01 feet to a point in the proposed north right-of-way line of Pleasant Valley Road; THENCE North 45'16'24"West,following the proposed north right-of-way line of Pleasant Valley Road, a distance of 115.19 feet to a point; THENCE North 10°27'51"West,following the proposed north right-of-way line of Pleasant Valley Road, a distance of 41.05 feet to a point in the proposed east right-of-way line of Ballard Avenue,said point also being the beginning of a non-tangent curve to the left having a central angle of 01'10'15",a radius of 910.00 feet,and a chord that bears North 22°58'26"East a distance of 18.60 feet; THENCE along said curve to the left,following the proposed east right-of-way line of Ballard Avenue,an arc length of 18.60 feet to a point for the end of said curve to the left; THENCE South 71'20'46" East, departing the proposed east right-of-way line of Ballard Avenue, a distance of 22.41 feet to a point for the beginning of a non-tangent curve to the left having a central angle of03°I8'36",a radius of695.75 feet,and a chord that bears North 15'37'29"East a distance of 40.19 feet; THENCE along said curve to the left an arc length of 40.20 feet to a point for the end of said curve to the left; THENCE North l2°27'30"East,a distance of 18.86 feet to a point for the beginning of a curve to the left having a central angle of 06°43'16",a radius of 3069.94 feet,and a chord that bears North 09°05'32"East a distance of 359.91 feet; THENCE along said curve to the left an arc length of 360.12 feet to a point for the end of said curve to the left; THENCE North 05°4S'44"East,a distance of 28.36 feet to the POINT OF BEGINNING and containing 11,460.77 square feet,or 0.2631 acres of land. The Basis of Bearing is State Plane NAD"83,North Central Texas Zone. i4 * O MACKIE KI.INGBER Vs #t3957 } ugvo oQ '"D s ibis"A" heat 3 of 3 Resolution 2013-24(R)-Ballard Avenue Project Determining Public Necessity to Acquire By Purchase Certain Properties Page 48 of 68 r EXHIBIT "B" J w �, ,� y East Fork Special Wilily District PERMANENT DRAINAGE a EASEMENT ACQUISITION „. LaR"' James&Stacy Coe Mary Stone Flowrey Living Trust ct,2 "rNF:�Jst'j1Q00=9''°r City of Wylie.Texas 5 89 27'S2" E 0 a c r r (14rctI I 15.3• — — Tradi , — --•-- �— — t — .i-aRURt 5,�r — .r— _— —— — ..5115 SURVEY N Q032'08" E — CURVE TABLE 13T.54' CURVE I LENGTH RADIUS ' DELTA CHORD CDDIRECTION IS 0 Cl 7.15' 4550.70' 0'05'24"` 7.14' 1.1 05'45'15" E C2 393.24' 4550.70' 4'57'04" 393.12' N 03'02'41" E + [J 1AlWD 030 C3 221.77' 2457.03' 5'10'17",221.69'IS 03'55'40- W Wale,Line Easement 1 �U, -,�,.L „1 row 1C'Wate Line Easement �:R-. r - I I 1o0 50 0 ion lea sio S 00'32'49" W I ` —— -i — — 1 — 500.13' I The Basis of Bearing is State Plane I NAD'83, North Central Texas Zone. /` i N 0032'08" F / J Mary Stine Howrey Living Trust 571.09' J CCM: 20110217000178570 D.R.C.C.T. DRAINAGE EASEMENT AREA = 0.4506 ocres I _ €a3Lma.ROw l (19,628.58 SqF#) LINE TABLE LINE LENGTH DIRECTION _ COLONIAL DRIVE 0 -1 L1 I 60.32' N 89'59'14" E Lrising sow • t8 - S S 003Q'1 7" W L2 28.20' N 05'52'47" E- I L3 . 19.44' N 85'30'58" W: 363.98' L4 15.00' N 04'29'02" E � LS 19.74' S 85'30'58' E_ l J La21.75' __14.Oo'3zor E Eas!Fark Special Ul�!'[y District I L7 24.60" N 89'29'43" W_ 0 .--20 Water Line Easement ),. 'a.=.e,c L8 15.00' N 00'3017- E , I -. I L9 24.61` S 89'29'43" E a LIO 19.75' N 69'27 11" W_ o I L11 15.00' N 00'32'49" E_ LI2 19.75' $ 89'27'11" E _ eti W 'I ''L_—CURVE C3 CURVE 2 -:---f- I S 04 29'02" W ® ell 111.97' CURVE 1® , r I Ex,sirng RON ELM ROAD(C.R.381) �nnpEfinsllnnysrgoW. E sl'p ROW MWD ME4DOWIA SIR rN Line �E r POC 10'Water Line Easement Fvisfing ROw'. _ l L1 [ I v01. ,.-` r _ -4.i 1 POB I N 89'55'55" W f 16.45' RLK ENGINEERING,INC ` Ill West Main Street A.. OF.T�, Allen,Texas 75013 .,'ca4e $;eA a 71 ', (972)359-1733 Off if (972)359-1833 Fax '..x"MACKIE KLINGBEIL �•' PROIECT' DATE. DRAWN BY: r 4 • 957 ! r,r. 09001F Ballard Street November 2012 RLK fr. .o 81o�j Qx x CAD a SCALE CHECKED BY: 1 i�.1 "'�� 1 x �Howery Tru st_DE_Tract l.dwg 1"=200' RLK /' �4 1..40 i.1 t - J i Resolution 2013-24(R)-Ballard Avenue Project Determining Public Necessity to Acquire By Purchase Certain Properties Page 49 of 68 ' EXHIBIT ..B.. PERMANENT DRAINAGE /3 Mary Starve Itaw ey Living Trust Ig u tt EASEMENT ACQUISITION _ in POB Mary Stone Howrey Living Trust Witness Calf^ it City of Wylie,Texas + 1 �ii1"9 ROW S 89'59'39"F (ITract 22 l } 60.31' 16 ELM ROAD(C.R.381) �-- €rintiq ROW - - 11\ _Lr qrs.Km _ _ I P°C MEADOWLARK LANE ti I 3' 1 L=94.9 R=1007.50' rxuaq Raw — -Nrkr I A=05'23'54" CH=S 07'l0'59" W m 1 1 a f CH=94.89' 30'W2ker Line Easement y w 25 a as ea ° � DRAINAGE EASEMENT AREA = 0.2631 acres I._m — (11,460.77 SqFt) The Basle of Bearing fa State Plane I NAD '83, Narth Central Texas Zone. L=360.12 wax) R=306994' ID'Water Erne Easement A=06 443'16" j CH=N 09 05'32, F I CH=359.91' r S 09'52'57" W rI --'z�- 240.92' Mary Stone Howrey Living Trust L-40.20' I CCFN: 201 1021 7000 1 785 70 R=695.75` f ' D.R.C.C.T. A=03"18'36" Fool O'W Forkater SpecmooEr LI Uaserray D,srrxlat Z te CH=N 15'37'29" E ' 10 r CH=40.19' r 1f L=18.60' L=51.i3' R=0110'1 �~ � R=09.31' ' A=01'10'15"' \• A=09'31'39" CH=N 2258'26' E is CH=S 1438'46" W CH=18.60' Q CH=51.07' P _— LINE TABLE .f34y L9 LINE LENGTH DIRECTION LI 17.44' S.89759'39" E 9�t L2 42.72' 5 04'29'02" W — 6. L3 221' _ S 15'25'5 "W j L4 21,1.21' S 75'25'5 5" E \ L5 108.17- S 4516'24" E ,r4o4 L6 18.01' 5 44.43'36" W 4 e fl3 L `\, 47 20.00' N 45'16'24" W L8 3.01' _ N 44'43'36" E,_' L9 115.19' N 45'16'24" W -''_t�� / (ff L10 41.05' N 10'27'51" W PV /� y L11 22-41' S 71`20'46" E ��© r / riyl e r b..-�a _ _ L12 18.36' N 05-12' 8 44 E n / L73 28.36' N b$'48°44" E r% I •,f/J/ Lk .... IhiBr MICA"' RLK ENGINEERING.INC iirlFtifirlk lAlleneTexasl 75013 Street '340*$t. �7,09 �111111 (972)359-1733Off (972)359-1833 Fax MACKIEKLINGBEIL PROIECT DATE DRAWN BY \.9 #3957 t 09001 F Ballard Street November 2012 RLK • Ft tot' CAD 10 Sf",-1 cNEcicEDaY 4y0 S ..1 �1lpweryTrust_DE Tract2_dwg l'=100' RLK � �p r Resolution 2013-24(R)-Ballard Avenue Project Determining Public Necessity to Acquire By Purchase Certain Properties Page 50 of 68 Exhibit"13" (following 2 pages) Resolution 2013-24(R)-Ballard Avenue Project Determining Public Necessity to Acquire By Purchase Certain Properties Page 51 of 68 EXHIBIT"A" Permanent Drainage Easement Acquisition Wylie-FB, Ltd. (Tract BA-5-DE) BEING a 0.516E acre Drainage Easement situated in the Guadalupe De Los Santos Survey, Abstract No. 1100 in Collin County,Texas,and being part of a 38.13 acre parcel of land as described in a deed to Wylie-FB,Ltd. and recorded in Volume 5849,Page 1778 of the Deed Records of Collin County,Texas(D,R.C.C.T.)and being more particularly described as follows: COMMENCING at the southwest corner of said 38.13 acre Wylie-FB, Ltd. tract, the same being the northwest corner of an 18.13 acre tract of land described in a deed to Wylie-FB, Ltd. as recorded in Volume 5849,Page 1776 of the Deed Records of Collin County,Texas(D.R.C.C.T.),said point also being in the existing southeast right-of-way line of Ballard Avenue; THENCE South 45°16'24"East,departing the existing southeast right-of-way line of Ballard Avenue,and following along the contiguous south line of said 38.13 acre Wylie-FB,Ltd.tract,and the north line of said 18.13 acre Wylie-FB,Ltd.tract,a distance of 32.77 feet the POINT OF BEGINNING; THENCE North 44°17'09" East, departing the south line of said 38.13 acre Wylie-FB, Ltd. tract, and following along the proposed southeast right-of-way line of Ballard Avenue,a distance of 1391.10 feet to a point; THENCE North 44°29'44" East, continuing along the proposed southeast right-of-way line of Ballard Avenue,a distance of 162.61 feet to a point,said point being the beginning of a non-tangent curve to the right having a central angle of 10°07'29",a radius of 925.00 feet,and a chord that bears South 39"13'24" West a distance of 163.24 feet; THENCE along said curve to the right,an arc distance of 163.46 feet to a point for the end of said curve to the right; THENCE South 44'17'09"West,a distance of 1391.22 feet to a point on the south line of said 38.13 acre Wylie-FB,Ltd.tract; THENCE North 45°I6'24"West,following along the contiguous south line of said 38.13 acre Wylie-FB, Ltd.tract,and north line of said 18.13 acre Wylie-FB,Ltd.tract,a distance of 15.00 feet to the POINT OF BEGINNING and containing 22,479.78 square feet,or 0.5161 acres of land. •j oF'r,c�`t. %B T '<LI R zs The Basis of Bearing is State Plane NAD'83,North Central Texas Zone. J,•.f FQ �\ +' MACKIEKLLIINGBEIL ;p #3957 Air „izeiv I 111 xhibit"A„ Sheet I of I Resolution 2013-24(R)-Ballard Avenue Project Determining Public Necessity to Acquire By Purchase Certain Properties Page 52 of 68 ( EXHIBIT "B" / PERMANENT DRAINAGE `r;D ��p L o- Mary Slone Hawray L wng trust / ''a s !4� CCLN: 701i0.217000178570 I� EASEMENT ACQUISITION D.R.C.CT. / Wylie-FB,Ltd. £ / City of Wylie,Texas [BA-7-DE) 7 N _ Evicting Row . __ aSANT uv��r z= Y L LoneSter 1IGos Company 1. L=163.46" Gas Link Easemen! N 49'29'a4"E A=92000' val.. Dy273 PALL 177 162.6i' A=fO'0T29" D Ip.CC.1 64=S394'24�W CN=i53.24' NTMWD 20'Water bee Eosemenf Ea 4493 PACE 3799 *SO 75 0 156 300 D.R.0 C.T. 5 4417'09"W The Basis of Bearing is Stale Piano Z 1391.22 NAP'83,North Centro! Texas Zone. CC nNNW30'Wafer Line Eusemen! YCL 9456 PAGE 465 CO D.RC C T TRACT AREA =0.5161 acres N 4477'O9"E"~ (22.479.78 Sgtl) 1391.10' 38.13 Acres Wylie—FB, Ltd. VOL. 5849, PG. 1778 D.R.C.C.T. • FOB POC �. astness Call S 4515.2e E N 4576'24"W 32.77° KT 15-00. 0 i f8.13 Acres .Im W}4ie-VB,Lid VOL 5849,PG. 1775 ir W .=1 D.R.C.CT RLK ENGINEERING.INC OFp' Str Ie. AlleneTexasl 75013 t e4��t lei Fa. ° (972)359-1733 Off ii ir MACKIE KLINGBEIL "+ (972)359-1833 Fax � :' PROJECT DATE:. DRAWN BY. ', ...p #3957 . 0900IF Ballard Street November2012 RLK 1. (" psst.•. ' •' CAD1D. SCALE CHECKED BY i. ir' .-...,...„1)sUa4�WylieFBLtd_DE_l_dwg 1"=d00' RLK V . --// Resolution 2013-24(R)-Ballard Avenue Project Determining Public Necessity to Acquire By Purchase Certain Properties Page 53 of 68 Exhibit"14" (following 2 pages) Resolution 2013-24(R)-Ballard Avenue Project Determining Public Necessity to Acquire By Purchase Certain Properties Page 54 of 68 EXHIBIT"A" Permanent Drainage Easement Acquisition Wylie-FB, Ltd. (Tract BA-6-DE) BEING a 0.2632 acre Drainage Easement situated in the Guadalupe De Los Santos Survey,Abstract No. 1100 in Collin County, Texas,and being part of an 18.13 acre parcel of land described in a deed to Wylie-FE, Ltd. as recorded in Volume 5849,Page 1776 of the Deed Records of Collin County,Texas(D.R.C.C.T.)and being more particularly described as follows: COMMENCING at a concrete monument found at the southwest corner of said 18.13 acre Wylie-FB,Ltd. tract,the same being the northwest corner of a 3.89 acre tract of land described in a deed to Wylie-FB,Ltd. as recorded in Volume 5849,Page 1780 of the Deed Records of Collin County,Texas(D.R.C.C.T.),said point also being in the existing southeast right-of-way of Ballard Avenue; THENCE South 45'16'21"East,departing the existing southeast right-of-way line of Ballard Avenue,and following along the contiguous south line of said 18.13 acre Wylie-FB,Ltd.tract and the north line of said 3.89 acre Wylie-FB,Ltd.tract,a distance of 37.30 feet to the POINT OF BEGINNING; THENCE North 43'55'56" East, departing the south line of said 18.13 acre Wylie-FB, Ltd. tract, and following the proposed southeast right-of-way line of Ballard Avenue,a distance of 464.52 feet to a point; THENCE North 44'17'09"East,following the proposed southeast right-of-way line of Ballard Avenue,a distance of 299.72 feet to a point in the north line of said 18.13 acre Wylie-FB, Ltd.tract,the same also being in the south line of a 38.13 acre tract of land described in a deed to Wylie-FB,Ltd.as recorded in Volume 5849,Page 1778 of the Deed Records of Collin County,Texas(D.R.C.C.T.); THENCE South 45'16'24"East,departing the proposed southeast right-of-way line of Ballard Avenue and following the contiguous north line of said 18.13 acre Wylie-FB,Ltd.tract and south line of said 38.13 acre Wylie-FB,Ltd.tract,a distance of 15.00 feet to a point; THENCE South 44°17'09" West, departing the north line of said 18.13 acre Wylie-FB, Ltd. tract, a distance of 299.56 feet to a point; THENCE South 43'55'56"West,a distance of 464.68 feet to a point in the contiguous south line of said 18.13 acre Wylie-FB,Ltd.tract and the north line of said 3.89 acre Wylie-FB,Ltd.tract; THENCE North 45°16'21"West,following along the contiguous south line of said 18.13 acre Wylie-FB, Ltd.tract and the north line of said 3.89 acre Wylie-FB, Ltd.tract,a distance of 15.00 feet to the POINT OF BEGINNING and containing 11,463.64 square feet,or 0.2632 acres of land. The Basis of Bearing is State Plane NAD'83,North Central Texas Zone ',01;Q ,3"1, T 444%- 41' r• MACKIE KIINGBEIL #3957 i r. '°Rees ��1No-_ te vow� J• I ai Exhibit"A" Sheet 1 of I Resolution 2013-24(R)-Ballard Avenue Project Determining Public Necessity to Acquire By Purchase Certain Properties Page 55 of 68 'r EXHIBIT "B" �' PERMANENT DRAINAGE 38.13 Acres EASEMENT ACQUISITION wya;49, PG..8. 1 } VOL 58 49, P 177$ Wylie-FB,Ltd. 12 - D.R_C.C.T City of Wylie.Texas (BA-6-DE) Ia 5 4 510�4" E N 4417'09" E — I S 44'1 7'09" W 299.72'��"- 299.56' t00 50 0 100 MG r-xorc TRACT AREA The Basis of Bearing is Stote Plana - 0.2632 acres •NAB'83. North Centro 1exes Zone. (11,463.64 SgFt} 18.13 Acres Wylie-FS, Ltd. VOL. 5849, PG. 1776 . N 43'55'56"E D.R.CC.T. 464.52' 5 43'55'56" W - /.�___1 464.613' Witness Coll / S 4576'21"E 37 30' .— iow.. -- - --IN 415.00'd" W - 15-00' Roc POB I1y 3 3.89 Acres Wylie-FR Ltd. VOL_ 5849, PG. 1780 D.R,C.C.T CC -1 I / al / / / CREEK CROSSING / / / irihafi MAW- RLK ENGINEERING,INC j;''(Et OF):474,`-;,, IllBrViiifSA West Main Street r,.y14,170 TE �`"fr� ', Allen,Texas 75013 '� a' `' (972)359-1733 Off '.....' CKIE....r.GBEIL"`.j` aN,/M/_//�/ 41 //M/m MAGKIE KLINGBEI! (472►359-1833 Fax .. 9 #3957 f PROIECT DATE PRAWN BY. '1 eN.-,- ..sv.:", 0900I F Ballard Street November 2012 RLK �'4 r "°q0 1.; CAD ID. SCALE CHECKED Br. 1,41 r �.{ RME�WylieFBLtd_DE_2,dwg I"=200' RLK 1��%�,'l v Resolution 2013-24(R)-Ballard Avenue Project Determining Public Necessity to Acquire By Purchase Certain Properties Page 56 of 68 Exhibit"15" (following 2 pages) Resolution 2013-24(R)-Ballard Avenue Project Deteuuining Public Necessity to Acquire By Purchase Certain Properties Page 57 of 68 EXHIBIT"A" Permanent Drainage Easement Acquisition Wylie-FB, Ltd. (Tract BA-7-DE) BEING a 0.2214 acre Drainage Easement situated in the Guadalupe De Los Santos Survey, Abstract No. 1100 in Collin County, Texas, and being part of a 3.89 acre parcel of land as described in a deed to Wylie-FE, Lid. as recorded in Volume 5849,Page 1780 of the Deed Records of Collin County,Texas(D.R.C.C.T.)and being more particularly described as follows: COMMENCING at a concrete monument found in the existing southeast right-of-way line of Ballard Avenue,the same being the northwest corner of said 3.89 acre Wylie-FB,Ltd.tract; THENCE South 45'16'21"East,departing the existing southeast right-of-way line of Ballard Avenue and following the north line of said 3.89 acre Wylie-FB,Ltd.tract,the same being the south line of a 18.13 acre tract of land described in a deed to Wylie-FB, Ltd.as recorded in Volume 5849,Page 1776 of the Deed Records of Collin County,Texas(D.R.C.C.T.),a distance of 37.30 feet to the POINT OF BEGINNING: THENCE South 45`16.21"E,continuing along the contiguous north line of said 3.89 acre Wylie-FB,Ltd. tract,and south line of said 18.13 acre Wylie-FB,Ltd.tract,a distance of 15.00 feet to a point; THENCE South 43'55'56" West,departing the north line of said 3.89 acre Wylie-FB tract,a distance of 177.18 feet to a point; THENCE South 4420'24"West,a distance of 303.96 feet to a point; THENCE South 4451'51"West,a distance of 152.79 feet to a point in the south line of said 3.89 acre Wylie-FB, Ltd.tract,the same being in the north line of a tract of land described in a deed to Wylie-FB, Ltd.as recorded in Book 2005024,Page 6359 of the Deed Records of Dallas County,Texas(D.R.D.C.T.), THENCE South 84 t 5'39"West,following the contiguous south line of said 3.89 acre Wylie-FB,Ltd.tract and north line of said Dallas County Wylie-FB,Ltd.tract,a distance of 23.63 feet to point in the proposed southeast right-of-way line of Ballard Avenue; THENCE North 44°51.51" East, departing the south line of said 3.89 acre Wylie-FB, Ltd. tract and following the proposed southeast right-of-way line of Ballard Avenue,a distance of 170.99 feet to a point; THENCE North 4420'24" East, continuing along the proposed southeast right-of-way line of Ballard Avenue,a distance of 303.84 feet to a point; THENCE North 43'55'56" East, continuing along the proposed southeast right-of-way line of Ballard Avenue,a distance of 177.34 feet to the POINT OF BEGINNING and containing 9,645.77 square feet,or 0.2214 acres of land. The Basis of Bearing is State Plane NA!)'83,North Central Texas Zone it0 .94, +Si MACKIE KLINGBEIL. • .41 #3957.;tf.p a SuR40 dor h ib" 'A" Sheet of 1 Resolution 2013-24(R)-Ballard Avenue Project Detettnining Public Necessity to Acquire By Purchase Certain Properties Page 58 of 68 EXHIBIT "B,r PERMANENT DRAINAGE , �,t�, r EASEMENT ACQUISITION �� i'' e/ Wylie-FEli Ltd. v ' , City of Wylie,Texas §a . ' (BA-7-DE) a*` I ;^ POC W1tness Call 4,5"16'21' F !�� 3730' / POB 18.13 Acres +' NovuwENr / VOL, 5849„ PG. 1776 i * "S 45'I6'21'" F 15.00" The Basis of Bearing is State Plane t,,') ry+'A' HAD'63.North Central Texas 2ona.. } N T.,) C)Pi " 'qrc , ,�{� g" Cart=Slrlr Cb. . C't"� '9» qy� , # ire lime,ha Krrr;raf S d 273, Page, r79 ,, 1b 9, lrlah,l."r / kI IIN 3.89 Acres / �1," Wylie—F , Ltd. / c", VOL. 5849, PG. 7 780 / D.R.C.C.7: r' v0 1 TRACT AREA / _„..- '= 0.2214 ogres /C', N,� (9,6145.77 SqFt) / , r,..;,'m N 4P a.. a", *. / (/ S 234I5',39' W WyPe—FB, 4td 2 3.6.3' BOOK 20�p0[5f024 F a 6,359 Y 4 Cd.IM1.IE G.1 T. /0 N ,.. - ..,,. RLK ENGINEERING,IN �,. 111 West Main Street 1 0.>° sv `•i'otts , . a_ , _. _ Allen,Texas 75013 2 -err ' " (972)359-1733 Off iiia««.«. / �� '! . "� . (972)359-1833 Fax il MACKIEKLINGBEIL .a -PROIECT DATE., DRAWN BY lA ts 35 09001F Ballard Street November 2012 RLK P 0 St „.CAD . Wl lieFBLtd_65E,_3.dw Ds1". M100' RLKx rBx" ,,,,...,X4/ i. 4 , � A, Y. i Resolution 2013-24(R)-Ballard Avenue Project Deteunining Public Necessity to Acquire By Purchase Certain Properties Page 59 of 68 Exhibit"16" (following 2 pages) Resolution 2013-24(R)-Ballard Avenue Project Deteuuining Public Necessity to Acquire By Purchase Certain Properties Page 60 of 68 EXHIBIT"A" Permanent Drainage Easement Acquisition Wylie-FB, Ltd. (Tract BA-8-DE) BEING a 0,1384 acre Drainage Easement situated in the Guadalupe De Los Santos Survey,Abstract No. 1384,Page 565 in Dallas County,Texas,and being part of a parcel of land as described in a deed to Wylie-FB,Ltd.as recorded in Volume 2005024, Page 6359 of the Deed Records of Dallas County, Texas (D,R,C.C.T.) and being more particularly described as follows: COMMENCING at a concrete monument found in the existing southeast right-of-way line of Ballard Avenue,the same being the northwest corner of said Wylie-FB tract; THENCE North 84'15'39" East, departing the existing southeast right-of-way of Ballard. Avenue and. following the north line of said Wylie-FB,Ltd.tract,the same being the south line of a 3.89 acre tract of land described in a deed to Wylie-FB,Ltd.as recorded in Volume 5849,Page 1780 of the Deed Records of Collin County,Texas(D.R.C.C.T.),a distance of 35.58 feet to the POINT OF BEGINNING; THENCE North 84 15'39"East,following the contiguous north line of said Wylie-FB,Ltd.Tract,and the south line of said 3.89 acre Wylie-FB,Ltd.tract,a distance of 23.63 feet to a point; THENCE South 44"'51'51"West,departing the north line of said Wylie-FB,Ltd.tract,a distance of 411.07 feet to a point in the south line of said Wylie-FB tract; THENCE North 45°16'21"West,following the south line of said Wylie-FB tract,the same being the north line of a tract of land described in a deed to Jorge. Granados as recorded in. Dallas Clerk File No, 201200159093 of the Deed Records of Dallas County,Texas(D.R.D.C.T.), a distance of 1.5,00 feet to a point in the proposed southeast right-of-way line of Ballard Avenue; THENCE North 44'S1'SI"East,departing the south line of said Wylie-FB tract and following along the proposed southeast right-of-way line of Ballard Avenue, a distance of 392,84 feet to the POINT OF BEGINNING,and containing 6,029.27 square feet,or 0.1384 acres of land. The Basis of Bearing is Slate Ptane NAD'83,North Centrat Texas Zone,. y'C'414Teq��gS s _ MACKIE KLINGBEIL ti. T #3957� ap 3957,.r y TyA UR4c ppi�t A„ S aloft Resolution 2013-24(R)-Ballard Avenue Project Deter wining Public Necessity to Acquire By Purchase Certain Properties Page 61 of 68 EXHIBIT "B°, / PERMANENT DRAINAGE cccc EASEMENT ACQUISITION Wylie ,Ltd. 'lb `��✓ ,/ City of Wyllie Texas °S°cnr' (BP 8--DEl ' ,n. 4/ f V,'r r.'81 " p. t i ✓ r PUB POC�� Mn'1i ....-- 'SO 25 a 5e NM ti".1aCY w T '4 v�'1 4 el�f_ ,PIO,fir I,P h'f I:it,I The Basis of Bearing is State Plane �NP NAP'8,1,North Control Texas Zone. N� ri 5 7 era) 1 ,a"I P /✓.74"p b" 9 E—.. .'7.is 32.;5ft' k' X,1'11'1.' .,';'',1' : ------L, Gr ,�_4 1 Fir I AkE.� T" , j iHtc, lry Wylie—Fe, Ltd. BOOK 2005024, PG. 6359 D.R.D.C.T. / N 15555,id) W \ �uci R,0C / V a, > / \ AIIIIIMIM EIC RLK u IENGINEERING, +a GINEME nINt INC et �r, `` '.,F r, '.\ Allen,Texas 75013 rt �0 `' (972)359-1'733 Off +'.. ..«.,. ......�.....�........6. afar '/ /ate/ /ifM/� ' 1 4CK'IE KLINGB'EIL o5 .. (972)'359-1833 Fax ,.. , : _ p #3957 r tt PROTECT DATE, DRAWNEv n 9B`'�.'+4'l: '' 09001 F Ballard Street October 2012 RLK / a..,,... , ' CAD 1®... SCALE CHECKED ER ___.. I W If•'O), e, WyIleFW,td DE_4.dwg 1°"-- 00 RLK r/,Iac 4,e1 , 1`- '✓, -' / Resolution 2013-24(R)-Ballard Avenue Project Deteunining Public Necessity to Acquire By Purchase Certain Properties Page 62 of 68 Exhibit"17" (following 2 pages) Resolution 2013-24(R)-Ballard Avenue Project Deteuuining Public Necessity to Acquire By Purchase Certain Properties Page 63 of 68 EXHIBIT"A" Permanent Drainage Easement Acquisition Woodbridge XVI, Ltd. (Tract BA-9-DE) BEING a 0.0403 acre Drainage Easement situated in the R. D. NEWMAN SURVEY, ABSTRACT No. 660 in Collin County,Texas,and being part of a parcel of land as described as Tract 2 in a deed to Woodbridge XVI,Lid. as recorded in County Clerk No.2011072.1000760120 of the Deed Records of Collin County,Texas(D.R.C.C.T.) and being more particularly described as follows: BEGINNING at the intersection of the existing southwest right-of-way line of Creek Crossing Road and the existing northwest right-of-way line of Ballard Avenue, the same point being,the northeast corner of said Woodbridge Tract 2; THENCE South 44r'51'51"West,following the existing northwest right-of-way line of Ballard Avenue,the same being the southeast line of said.Woodbridge Tract 2,a distance of 35.00 feet to a point; THENCE North 45'27'42"West,departing the existing northwest right-of-way line of Ballard Avenue,a distance of 50.00 feet to a point; THENCE North 44'32'1 8"East,a distance of 35.00 feet to a point in the said existing southwest right-of- way line of Creek Crossing Road,the same being the northeast line of said Woodbridge Tract 2; THENCE South 45'27'42"East,following along the contiguous existing southwest right-of-way line of Creek.Crossing Road and the northeast line of said. Woodbridge Tract 2, a distance of 50.20 feet to the POINT OF BEGINNING,and containing 1,753.46 square feet,or 0.0403 acres of land. The Basis of Bearing a Stale Plane NAD'83,North Central Texas Zone. '.,.-.,sOTF-4 HACKIE KLIINGBEIL t:20 #3957 :^' ' FFBs).��4, 444(4SUAgEld i 1 , /j4 ,C / xhtbit"A" Sheet I of 1 Resolution 2013-24(R)-Ballard Avenue Project Detet tttining Public Necessity to Acquire By Purchase Certain Properties Page 64 of 68 r EXHIBIT "B" it PERMANENT DRAINAGE / EASEMENT ACQUISITION Woodbridge XVI,Ltd 9r , City of Wylie,Texas .„-- iiiiik-9-DE) , 1 Woodt67,dge X/7, L fd CC f 61 „'0//01:,',10007e.rn12.0 I)k(7 6 7 Qp 1 i 4 TO' 50 25 e SO 10.5 1 r.WO' The Basis of Bearing is Stole none MAD 83, North Control Toone Zone. 45'2,,,77i6,7 C MLA /,4010# 7RALL i °V.„)20' Y ' 0.040 ./b 46 Sqn) `,, i POB 7,89 AL66,,, Tract 2 N 411'4„' 6' Y. I Pd Woodbridge )0/1, Ltd. .5.. oo' '"- `."„ 44";11 ''',/" W," VO, .580, PC 760 C.C.F,N. 20110721000760120 35{10 y DR.C.C.T.. / / / z - / / / / WAH Cli, 1 f,f / HOOK 2r.04, Pr, 6359 u R / / I RLK ENGINEERING,INC 1 --.7 I. V , 111 West Main Street C040" eitit,731 .1.,„. ,,i.„.„ / ,....„ /, \ Allen,Texas 75013._ ._ ,,.. ......_ (972)359-1733 Off mACKIE KLINGBEIL (972)359-1833 Fax ,, t:p #3951+te PROIECT DATE. DRAWN BY .0 09001 F Ballard Street October 2012 RLK s%?0,1" :x81D. SCALE CHECKED BY , , SUFA I Woodbridge_DE.dwg 1 te100' RLK / — . Resolution 2013-24(R)-Ballard Avenue Project Deteunining Public Necessity to Acquire By Purchase Certain Properties Page 65 of 68 Exhibit"18" (following 2 pages) Resolution 2013-24(R)-Ballard Avenue Project Deteuuining Public Necessity to Acquire By Purchase Certain Properties Page 66 of 68 EXHIBIT"A" Permanent Drainage Easement Acquisition Geri Roberta Kelly (Tract BA-lO-DE) BEING a 0.2384 acre Drainage Easement situated in the H. L. DOUGLAS SURVEY, ABSTRACT No. 292 in Collin County,Texas,and being part of a parcel of land as described in a deed to Geri Roberta Kelly as recorded in County Clerk No.20071003001366720 of the Deed Records of Collin County,Texas(D.R.C.C.T.)and being more particularly described as follows: COMMENCING at a concrete monument found in the existing southeast right-of-way line of Ballard Avenue,the same being the northwest corner a 3.89 acre parcel of land as described in a deed to Wylie-FB,. Ltd.as recorded in Volume 5849,Page 1780 of the Deed Records of Collin County,Texas(D.R.C.C.T.); THENCE North 44''24'39"East, following,the existing southeast right-of-way line of Ballard Avenue,a distance of 105.03 feet to a point; THENCE North 45'35'21"West,a distance of 63.58 feet to a point in the existing northwest right-of-way line of Ballard Avenue,said point being the POINT OF BEGINNING; THENCE South 88^'55'56" West,departing the existing northwest right-of-way line of Ballard Avenue,a distance of 92,54 feet to a point; THENCE North 44`u'31'58"West,a distance of 34.58 feet to a point; THENCE North 43"55'56"East,a distance of 124.51 feet to a point; THENCE South 46"'04'04"East,a distance of 100.00 feet to a point in the said existing northwest right-of- way line of Ballard Avenue. THENCE South 43s'55'56" West, following along the existing northwest right-of-way line of Ballard Avenue,a distance of 60.00 feet to the POINT OF BEGINNING,and containing 10,386.70 square feet,or 0.2384 acres of land, The Basis or Bearing is State Plano NAD°53,North Central Texas Zone. k RtE.�F MACK1E KLINGB'EIL tiya #3957‘i �r \f.esst4e-, 1/4 4fP14, 0 # Exh.it"A" Sheet 1 of l Resolution 2013-24(R)-Ballard Avenue Project Detet ittining Public Necessity to Acquire By Purchase Certain Properties Page 67 of 68 '7 EXHIBIT "B" PERMANENT DRAINAGE I P\ ,, EASEMENT ACQUISITION i(nes/ L(}Ulr,0 Laslfau VW Roberta Kell y 'r1' (`'y 1/4, City of Wylie,Texas t . (SA-10-125) ,. 0 \ ,'l h} \ rt 11 > Tract 1 Geri Roberta Kelly C.C.F.I. 200710 03001366720 V I.R.C,C.TT 56 25 CI50 160 ',' 1'.IOC' The Basis of Dearing is State' Plane 6, ,, �` 1RA( C AREA N..AD"63, North.Cen[rol Texas Zone.. 2 ,, Tract 2 \ �. C ,f' r34 CKr,', �\ ()0,1 Jb /1. aryl C) I rrs'J 4 04. tii4V f5tt „�,A U ,t 1 r.,FR'" 1 ;/Y" 4Y^ O/ ', r Lul 8 l'i81 'W J , .,_,_I witness Cant --VI 45"55'21"' W 1 , „ , Nd � �' . 63 58' r8.13 Acres "' `1, '/ Wylre...I-8, Ltd. VOL. 9749, PG 1//r5 W'Er:e:ss Carr C R.C,CT_ ..,y „ r MEPIW i N 44 24.39_6 I �CWETE (;,5 0,j• Y 1.7 ka poc J ��•Otis N ( 1 , • e 389 A,/'s N rr, a k' Wyl .F� 11' V'� 5849, ( '$0 \ , ,9)` // N , lrAir' RLK ENGINEERING,INC . 1 1 I West Main Street !' :v. '%ST OF '.1 Allen,Texas 75013 •„'?c,� �" „ (972)359-1733 Off le (972)359-1833 Fax fCKIENI IN BEIC vl00IEET DATE DRAWN BY .,".., III t \„� #3957' "/ iko 7 09001F Bollard Street Novemler2tli2 RLK kt !'®�: sel9100 CAD ID: SCALE; CHECKED BY _... ''•y.44 ...*",•: ' Kelly...DE,dwre 1"=100" RLK ' N '\ftiaNix,A. Resolution 2013-24(R)-Ballard Avenue Project Deteunining Public Necessity to Acquire By Purchase Certain Properties Page 68 of 68 ‘116 If Wylie City Council r, , AGENDA REPORT v. r 1$S7 n+�y are zvo Meeting Date: October 22, 2013 Item Number: 0 Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: N/A Date Prepared: October 15, 2013 Budgeted Amount: N/A Exhibits: Resolution Subject Consider and act upon, Resolution 2013-25(R) determining a public necessity to acquire certain properties for public use by eminent domain for rights-of-way (in fee simple), drainage easements, temporary construction easements and related improvements for the construction, access, repair, maintenance and replacement of and/or improvements to the country Club Road (FM 1378) project (from N. Parker Road to S. Parker Road); giving notice of an official determination to acquire properties for rights-of-way (in fee simple), drainage easements, temporary construction easements and related improvements for the Country Club Road (FM 1378) Project (from N. Parker Road to S. Parker Road); authorizing the City Manager of the City of Wylie, Texas to establish procedures for acquiring the rights-of-way (in fee simple), drainage easements, temporary construction easements and related improvements , offering to acquire the rights-of-way (in fee simple), drainage easements, temporary construction easements and related improvements voluntarily from the landowners through the making of bona fide offers; authorizing the use of eminent domain to condemn; appropriating funds; providing for repealing, savings and severability clauses and providing for an effective date. Recommendation Motion that the City of Wylie, Texas, City Council adopt the Resolution No. 2013-25(R) described in Agenda Item # 0 and authorize the use of the power of eminent domain to acquire for public use the rights-of-way (in fee simple), drainage easements, temporary construction easements and related improvements on the property described by metes and bounds and attached as Exhibits "1"—"13" to said Resolution, said descriptions being incorporated into this motion for all purposes, for the construction, access, repair, maintenance and replacement of the Country Club Road (FM 1378)Project(from N. Parker Road to S. Parker Road). Discussion The design of Country Club from N. Parker Road to S. Parker Road is nearing completion. Thirteen right of way and easement parcels are needed for the expansion of the roadway. Approval of the Resolution authorizes the city manager to proceed with acquiring the parcels. The city secured funding for the project through regional toll revenues and TxDOT has forwarded $1.6 million to the city for utility relocations and right of way acquisition. Page 1 of 1 RESOLUTION NO. 2013-25(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, DETERMINING A PUBLIC NECESSITY TO ACQUIRE CERTAIN PROPERTIES FOR PUBLIC USE BY EMINENT DOMAIN FOR RIGHTS-OF-WAY (IN FEE SIMPLE), DRAINAGE EASEMENTS, TEMPORARY CONSTRUCTION EASEMENTS AND RELATED IMPROVEMENTS FOR THE CONSTRUCTION, ACCESS, REPAIR, MAINTENANCE AND REPLACEMENT OF AND/OR IMPROVEMENTS TO THE COUNTRY CLUB ROAD (FM 1378) PROJECT (FROM N. PARKER ROAD TO S. PARKER ROAD); GIVING NOTICE OF AN OFFICIAL DETERMINATION TO ACQUIRE PROPERTIES FOR RIGHTS-OF-WAY (IN FEE SIMPLE), DRAINAGE EASEMENTS, TEMPORARY CONSTRUCTION EASEMENTS AND RELATED IMPROVEMENTS FOR THE COUNTRY CLUB ROAD (FM 1378) PROJECT (FROM N. PARKER ROAD TO S. PARKER ROAD); AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS TO ESTABLISH PROCEDURES FOR ACQUIRING THE RIGHTS-OF-WAY (IN FEE SIMPLE), DRAINAGE EASEMENTS, TEMPORARY CONSTRUCTION EASEMENTS AND RELATED IMPROVEMENTS , OFFERING TO ACQUIRE THE RIGHTS-OF-WAY (IN FEE SIMPLE), DRAINAGE EASEMENTS, TEMPORARY CONSTRUCTION EASEMENTS AND RELATED IMPROVEMENTS VOLUNTARILY FROM THE LANDOWNERS THROUGH THE MAKING OF BONA FIDE OFFERS; AUTHORIZING THE USE OF EMINENT DOMAIN TO CONDEMN; APPROPRIATING FUNDS; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council"), investigated and determined that there is a public necessity for the acquisition, by eminent domain, of parcels of rights-of-way (in fee simple), drainage easements, temporary construction easements and related improvements (collectively, "ROWs and Easements") on the properties described in Exhibits "1" — "13", attached hereto and incorporated herein for all purposes ("Properties"), and it is the City of Wylie, Texas' ("Wylie") intent to acquire the necessary ROW and Easements on the Properties for the purpose of, among other things, the construction, access, repair, maintenance and replacement of and/or improvements to public facilities, specifically, the ROW and Easements for the construction of and/or improvements to Country Club Road (FM 1378) Resolution 2013-25(R)—Country Club Road Project Page 1 of 65 Determining Public Necessity to Acquire By Purchase Certain Properties (from N. Parker Road to S. Parker Road) (hereinafter referred to as the "Project")for the purposes of, among other things, paving and drainage improvements; and WHEREAS, the City Council has investigated and determined that the Project is necessary for public use; and WHEREAS, it is necessary to establish procedures for determining the establishment and approval of just compensation for the ROWs and Easements to be acquired by eminent domain for the Project; and WHEREAS, there may be improvements located on some of the Properties acquired for this Project and such improvements may be required to be moved prior to the beginning of this Project; and WHEREAS, the City Manager, or her designee, ("City Manager") is required to make a bona fide offer, as defined by and in compliance with §21.0113, Texas Property Code, (individually and collectively, "Bona Fide Offer(s)") to acquire the ROWs and Easements on the Properties for public use voluntarily from the subject landowners prior to moving forward with acquisition by eminent domain; and WHEREAS, the City Council has investigated and determined that the passage of this Resolution complies with S.B. 18, enacted by the 82nd Legislature, which became effective on September 1, 2011. NOW, THEREFORE, BE IT RESOLVED 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 Resolution as if fully set forth herein. SECTION 2: Acquisition of Properties. The City Council hereby officially determines that there is a public necessity for, and the public welfare and convenience will be served by, the acquisition, by eminent domain, of the ROW and Easements on the Properties, and it is Wylie's intent to acquire the ROWs and Easements for public use as more specifically described in and depicted on Exhibits "1" — "11", attached hereto, specifically for the purpose of, among other things, the construction, access, repair, maintenance and replacement of and/or improvements to the Project. SECTION 3: Authority of the City Manager/Bona Fide Offer. The City Manager is hereby authorized to contract, on behalf of the City Council, with professional appraisers for Resolution 2013-25(R)—Country Club Road Project Page 2 of 65 Determining Public Necessity to Acquire By Purchase Certain Properties appraisal services and with attorneys for preparation of title opinions needed by Wylie from time to time in connection with the acquisition of the ROWs and Easements on the Properties for the purpose of, among other things, the construction of, access to, repair of, maintenance of, replacements of and/or improvements to roadway or drainage facilities necessary for the Project. The City Council hereby ratifies any contracts entered into, prior to the effective date of this Resolution, by the City Manager with professional appraisers for appraisal services and with attorneys for preparation of title opinions needed for the acquisition of the ROWs and Easements on the Properties. To this end, the City Manager shall first make a Bona Fide Offer to acquire the ROWs and Easements on the Properties from the subject landowners voluntarily. Should the landowners fail to provide the ROWs and Easements voluntarily through said Bona Fide Offer, the City Manager is authorized to move forward with acquiring the ROWs and Easements on the Properties by eminent domain to condemn. SECTION 4: Determination of Just Compensation. The City Manager is hereby authorized and directed to examine and rely on the independent appraisal reports, and other information, to make a determination as to the establishment and approval of a fair market value offer and the just compensation for the ROWs and Easements on the Properties for the purpose of making Bona Fide Offers. After consideration of said information, the City Manager shall establish and approve the amount determined to be just compensation for acquisition of the ROWs and Easements, and shall have the authority to execute any and all documents necessary to complete the acquisition of same. SECTION 5: Authority to Make an Offer. Upon establishment and approval by the City Manager of the amount of just compensation for the acquisition of the ROWs and Easements on the Properties, the City Manager, or her designee, is authorized to send written Bona Fide Offers to the landowner(s) of said Properties for acquisition of said ROWs and Easements at the full amount determined and established to be just compensation for each parcel, and to negotiate with said landowner(s) on behalf of Wylie to acquire the ROWs and Easements voluntarily from said landowners. SECTION 6: Authority to Execute Documents. The City Manager is hereby authorized, on behalf of Wylie, to execute all documents necessary to acquire each of the ROWs and Easements on the Properties needed for the Project, on behalf of Wylie, whether by purchase or eminent domain. The City Council hereby ratifies any documents executed, prior to the Resolution 2013-25(R)—Country Club Road Project Page 3 of 65 Determining Public Necessity to Acquire By Purchase Certain Properties effective date of this Resolution, by the City Manager which were necessary for the acquisition of any ROWs and Easements on the Properties for the Project. SECTION 7: Disposal of Improvements. The City Manager is hereby authorized to sell such surplus improvements, if any, located on the ROWs and Easements acquired in connection with this Project, should they interfere with use and enjoyment of said ROWs and Easements. SECTION 8: Eminent Domain Authorized. Should the City Manager be unable to acquire the ROWs and Easements voluntarily from the landowners through the making of Bona Fide Offers, the City Manager is authorized to instruct the law firm of Abernathy, Roeder, Boyd, & Joplin, P.C. to commence eminent domain proceedings for the acquisition of the ROWs and Easements on the Properties for the Project. SECTION 9: Source of Funds. The amount to be paid, if any, for acquiring the ROWs and Easements on the Properties for the Project will be appropriated from any lawful source. SECTION 10: Savings/Repealing Clause. All provisions of any resolution in conflict with this Resolution are hereby repealed; but such repeal shall not abate any pending matters of the repealed resolution. Any remaining portions of conflicting resolutions shall remain in full force an effect. SECTION 11: Severability. Should any section, subsection, sentence, clause or phrase of this Resolution be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Resolution shall remain in full force and effect. Wylie hereby declares that it would have passed this Resolution, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. SECTION 12: Effective Date. This Resolution shall take effect immediately from and after its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 22nd day of October, 2013. Eric Hogue, Mayor Resolution 2013-25(R)—Country Club Road Project Page 4 of 65 Determining Public Necessity to Acquire By Purchase Certain Properties ATTESTED TO AND CORRECTLY RECORDED BY: APPROVED AS TO FORM: Carole Ehrlich, City Secretary Abernathy, Roeder, Boyd & Joplin, P.C. Courtney A. Kuykendall, City Attorneys DATE(S)OF PUBLICATION: Resolution 2013-25(R)—Country Club Road Project Page 5 of 65 Determining Public Necessity to Acquire By Purchase Certain Properties Exhibit "1" (following 4 pages) Resolution 2013-25(R)—Country Club Road Project Page 6 of 65 Determining Public Necessity to Acquire By Purchase Certain Properties CITY OF WYLIE, TEXAS COUNTRY CLUB ROAD RIGHT-OF-WAY FIELD NOTE DESCRIPTION ACROSS THE PROPERTY OF JOHN E. MARTIN AND JOHN D. MARTIN BEING a strip of land for right-of-way of variable width and being over, under and across a called 1.000 acre tract of land located in the William Patterson Survey, Abstract No. 716, Collin County, Texas, conveyed to John E. Martin and John D. Martin by a deed now of record in Volume 5453, Page 2797, of the Deed Records of Collin County, Texas, said strip of land for right-of-way being more particularly described as follows: BEGINNING at a point being the northeast corner of said John E. and John D. Martin tract (N 7072141.031, E 2560627.895), said point also being in the existing west right-of-way line of Country Club Road (formerly FM 1378)(90-foot wide right-of-way conveyed to the City of Wylie by a deed now of record in Clerk's File No. 20090130000093060), said point also being at the southeast corner of a called 1.001 acre tract of land conveyed to Parker Country Club L.P.by a deed now of record in Clerk's File No. 20060314000334580, of the Deed Records of Collin County, Texas,said point bears N 85'59'06"W,a distance of 143.06 feet from a 1/2-inch iron rod found at N 7072131.015,E 2560770.601,being the most easterly corner of a right-of-way corner clip east of Country Club Road(formerly FM 1378)and north of FM 2514(Parker Road)(100 feet wide),said reference I/2-inch iron rod also being at the most easterly southwest corner of a called 1.500 acre tract of land located in the M,L.Morris Survey,Abstract No. 561,conveyed to Denton/North Texas S.D.I. Portfolio L.L.C. by a now of deed record in Clerk's File No. 20070314000345350, of the Deed Records of Collin County, Texas, platted as Block A, Lot I of the Parker Road Sonic Addition, an addition to the Town of St. Paul recorded in Cabinet P, Slide 182 of the Plat Records of Collin County,Texas,said beginning point also bears S 69°56' 39"W,a distance of 113.85 feet from a 5/8-inch iron rod found at N 7072180.073, E 2560734.837, on the new right-of-way corner clip dedicated by the Final Plat of said Parker Road Sonic Addition; 1. THENCE S 01° 02' 48"E, along the cast property line of said John E. and John D, Martin tract and said west right-of-way line of Country Club Road, a distance of 208.72 feet to a point for a corner, said point for corner bears S 89°43' 37"W a distance of 1.95 feet from a 3/4-inch iron rod found at N 7071932.353, E 2560633.653; 2. THENCE S 89°43'37"W,along the south property line of said John E. and John D.Martin tract and the north right-of-way line of Country Club Road, a distance of 16.99 feet to a TxDOT disk found at N 7071932,263, E 2560614.725, being a point for a corner and being the intersection of the west right-of-way line of Country Club Road (I 20 feet wide) and the south property line of said John E. and John D. Martin tract, said TxDOT disk also being at the northeast corner of a called 0.912 acre remaining tract of land conveyed to Bobby W. Mitchell and wife,Barbara Mitchell by a deed recorded in Volume 585,Page 503,of the Deed Records of Collin County,Texas; ilckricesnyl,20 11,106 coungry club road pUttlelld notcalrowl,pourela_uurun docc Page 1 of 3 Resolution 2013-25(R)—Country Club Road Project Page 7 of 65 Determining Public Necessity to Acquire By Purchase Certain Properties City of Wylie,Texas Country Club Road Right-of-Way Field Note Description John E.Martin and John D.Martin 3. THENCE N 01° 16' 39" W, departing the south property line of said John E. and John D. Martin tract, along the new west right-of-way line of Country Club Road,a distance of 24.18 feet to a 1/2-inch iron rod with yellow cap stamped ":HC" set at a point for corner at N 7071956.438,E 2560614,181; 4. THENCE N 00° 46' 39" W, continuing along the new west right-of-way line of Country Club Road, a distance of 184.42 feet to a 1/2-inch iron rod with yellow cap stamped "HI-IC" set at a point for corner at N 7072140.845, E 2560611.678,being in the north property line of said John E. and John D. Martin tract and being in the south property line of said 1,001 acre Parker Country Club L.P.tract; 5. THENCE N 89°20'38"E,along the north property line of said John E.and John D.Martin tract and the south property line of said 1.001 acre Parker Country Club LP. tract,a distance of 16.22 feet to the POINT OF BEGINNING, containing 0.0800 acres (3,484 square feet), more or less. Bearings and distances cited in this field note description are based on the Texas State Plane Coordinate System,NAD-83,Texas North Central Zone 4202,surface coordinates. The most recent field survey was conducted April 19,2013, To convert these coordinates to grid coordinates divide by the TxDOT Collin County conversion factor of 1.00015271. A Right-of-Way Plat of even date herewith accompanies this Field Note Description. Prepared By: Gary C.Hendricks,P.E.,R.P.L.S. Texas Registration No.5073 Birkhoff,Hendricks&Carter,L.L.P. TBPLS Fimi No. 10031800 OP 1P" 11910 Greenville Avenue,Suite 600 Dallas,Texas 75243 ". GARY CIAliON" " Phone 214-361-7900 —7 " 7 7' IfPPcts$00!..'9" SeIFIN1 Signed: Date: /2.7 /7 01 3 ,cloricalovvle.2011.1 On country club road?Ed ficid nor,row prerl roaronokro Page 2 of 3 Resolution 2013-25(R)—Country Club Road Project Page 8 of 65 Determining Public Necessity to Acquire By Purchase Certain Properties WIWAM PATTERSON SURVEY (TYP.) ABSTRACT NO. 716 CRY OF WYLIE f BOBBY W. MITCHELL AND I JOHN E. MARTIN i WIFE, BARBARA MITCHELL AND JOHN D. IAARTIN I PARKER COUNTRY CLUB LP. VOL 585, PG. 503 114ST 20060314000334580 VOL. 5453, PG. 2797 = SYMBOL FOR 1/2" IRON EXIST 15' EXIST. 15' PECAN ORCHARD PROP. RIGHT—OF—WAY 0 ROD SET (WITH YEUDIN WATER SUPPLY 00800 ACRES PECAN ORCHARD WATER SUPPLY Eusric CAP) MARKED "BHC." CORP. ESMT. 0,484 SO. FT CORP. ESMT. I DaST. 30° EXIST. VARIABLE- EXIST. 30' I N.T.M3Y.D. I EXIST- VARIABLE- WATER ES147:-‘ WIDTH N.T.M.W.D. N,T.M.W.D. WIDTH N.T.M.W.D. 0--- t WATER EBNI I WATER ESMT.-I WATER ESIAT.----r- ) ' tal FT (Raw uNE —_ _N01'1639 W - 24.18 - Tx00T DISK-,,k-A .0 N 00'4679"W — 184.42' N 8920:3'8.E ft(R.o.w„ uNE) A S 89'037'W — 1699 _ - _ — .8.9 ,,- ,----161/427 IN S 4,3'37-W — 1 EI ).95' (REF RG. L3/4" I.R.F. i N ,--'—.5 6956'39 HI 4(Orr UMITS) a a=CITY OF WYUE POINT OP 1 Y 11385' *' ar5 i 1,, p ABST. NO. 716 c. F.M. 1378 a BEGINNINO I \ (REF BRG.) CITY OF WYLE 0. -a, - - - , „ ABST. NO. 716 - ABST. NO. 56 (COUNTRY CLUB RD.) '2'..-- , 90 R.O.W. ONVEFEDT- i t. f ' ABST. NO. 561 a' TOWN OF ST, PAUL t TO CITY OF WfUE rdi e'\----N 85'5906'HI TOWN OF ST. PAUL t' 14306' 6%(CITY LIMITS ONST. 20080310000093060) I .) t 1 (REF SRO) 15' \ R.O.W. DEDICATION-, I t t., G 1 1 , -- \ ' _ _ ___ _ (PARKER RD.) '')J4' i , % M. L MORRIS SURVEY ..w2 2 g f ABSTRACT NO. 561 It 1 -5/8' I.R.F.ARTOWN ST OF . PAUL (ROW. . LINE) WIWAM D. BURNETT SURVEY -X' F1'ID i .°4 1 PKER ROAD SONIC ADDN. ABSTRACT NO. 56 /8" I.R.F. CABINET P, SLIDE 182 BEARINGS AND DISTANCES CITED IN THIS TOWN Of St PAUL 1/2 10° R.D.W. BLOCK A, LOT 1 FIELD NOTE DESCRIPTION ARE BASED ON SAIMA twEsheirs INC. Dist. 1CO' R.O.W. 10 DEDICATION DERIN/NORTH TEXAS SDI POR1f01}0 LLC. THE TEXAS STATE PLANE COORDINATE INST. 20081002001177580 (BY PLAT) INST. 20070314000345350 SYSTEM, NAD-83, TEXAS NORTH CENTRAL ZONE 4202 AND FIELD SURVEYS LAST ...,.,, - ,... A FIELD NOTE DESCRIPTION OF EVEN DATE HEREWITH ACCOMPANIES THIS RIGHT-OF-WAY PLAT. CONDUCTED ON APRIL 19, 201.3. -, *..OF 7-',..- ,- .. „..........$4., CITY OF WrLIE TEXAS * 0"...OA, P A : . . .,. % v 0 120 6iltitoi,i;titiiiiii4s . COUNTRY CLUB ROAD (FORMERLY RM. 1378) 60 / . ' jt....v._......L.1.1...•...)...., RIGHT—OF—WAY PLAT — PARCEL A (PAGE 3 OF 3) NB .• I. c„-.1 ,7- - -.74.:-.f.-ps,,, ....:to , •• Ns imi iiiiil ,„,--- . , ...no su-R-.,. ..,.. , s, „ - aP BIRKHOFF, HENDRICKS & CAR1ER. LLP. Professional ertglneers, Texas Firm F526 APRIL 2013 t iiirM arillEMIO AA..1.11*NO Ode%Tomo 762431 (214)331-7400 .., Resolution 2013-25(R)—Country Club Road Project Page 9 of 65 Determining Public Necessity to Acquire By Purchase Certain Properties WIWAM PATTERSON SURVEY BOBBY W. lanai.MD FL(rre,)—N AB$TRACT NO. 716 WIFE, BARBARA MITCHELL ary OF WYLIE VOL 585, PG. 503 I PROP. TEMP I JOHN E. MARTIN I CONST EMT S . = SYMBOL FOR 1/2' IRON PARKER COUNTRY CLUB L.P. 0 ROD SET (WITH YEU-OW AND JOHN D. MARTIN I 0.1894 ACRES (8,252 SO. PT,„) INST. 20060314000334580 PLASTIC CAP) MARKED `BHC.T VOL 54-53, PG. 2797 S 892251"E EXIST. 15* N 00•46:39-W PECAN ORCHARD N 0005'06"E - 24.01 (-1886' 0.68 WATER SUPPLY , IV:1,..,--) N ar.T724'W , a, ORP. ESMT. ill N 67'2833 W N 68"0643"E- 1669 '- Exist 3o' ii 16.,j8° Dan 30' N.T.M.W.D. i irK (----.71.03' N.T.M.W.D. N 89'5454'W- 66.22L--........,_ WATELESMI: ---.. ._.__./ 7-44e_7-it'11' N 8920:38'E . WATER ESA1T urs-r. N 01763g'w- 24.18' z ---- -''.--7''.-- •-------2-- -.;L7.---77:77-.'-':::''17f-17 Ft(R.O.W. UNE) tt'''-i 7--;--'.-- 7----- 7.:::;',. 164-42 :-''' N 20 8938'E — , it.(R.o.w. , . . ,.., .. S 89'4337'W - 16.99: i S F1702'48"E - 208.72' ; (-3/4' I.R.F. . o i(CITY LIMITS . S 89'4337'W - 1.95'(REF. NG.CITY OF WYUE Roff.... POINT OF q d cc - ABST. Na 716 ' i Crff ai f.,. 12) c. OF-WAY BEGINNING i__, ABST.Or OW. 716 ,. t F.M. 1378 F,.— ANSI. NO. 56 ---" ANSI"*. .-Na 5 - TOWN OFST PAUL TOWN OFSTA RIY i F.M. 2514 .kt 15' R.O.W. n 90" R.O.W. CONVEYED 4.. i(CITY LIMITS (PARKER RD.) . I DEDICATION u:)I (By pLA TO CITY OF WYLIE ONSt 20090310000093060) S FR ""c7,4,1(\t *X* FN . M. L LIORcTRIV.ItRVEY1 gig (i'-'11 5/8' I.R.F. I . ...._. I TOWN OF ST. PAUL (BAK uNE) WILLIAM D. BURNER' SURVEY Y FNE1 1 1 PARKER MAD SONIC ADDN. ABSTRACT NO. 56 r 5/13' I.R.F. CABINET P, SUDE 182 BEARINGS AND DISTANCES CITED IN THIS NUPAUL 1j2* I.R.F. 10' R.O.IN. BLOCK A, LOT 1 FIELD NOTE DESCRIPTION ARE BASED ON SAIMA INVESTMENTS INC. EXIST. 100' R.O.W, m' DEDIaTioN LIMON/NORTH mks s.D.L poRwouo LLC. THE TEXAS STATE PLANE COORDINATE INST. 20081002001177580 , (BY PLAT) INST. 20070314000345350 SYSTEM. NAD-83, TEXAS NORTH CENTRAL ZONE 4202 AND FIELD SURVEYS LAST PAGE 1 OF 1 CONING I Lil ON APRIL 19, 2013. .... .. CITY OF WYLIE, TEXAS . ..... .. 0 60 COUNTRY CLUB ROAD (FORMERLY F.M. 1378) 120 TEMPORARY CONSTRUCTION EASEMENT — PARCEL A BIRKHOFF. HENDRICKS & CARWR. LLP. SCALE IN FEET Professional Engineers, Texas Firm P526 APRIL 2013 ime arenas 4.4..,SAW KO Deka Tem MO (214 all—71PEO.....t•..,... g tag,'ago ....e.g.mgt.... .......a. g. ... Resolution 2013-25(R)-Country Club Road Project Page 10 of 65 Determining Public Necessity to Acquire By Purchase Certain Properties Exhibit "2" (following 4 pages) Resolution 2013-25(R)—Country Club Road Project Page 11 of 65 Determining Public Necessity to Acquire By Purchase Certain Properties CITY OF WYLIE, TEXAS COUNTRY CLUB ROAD RIGHT-OF-WAY FIELD NOTE DESCRIPTION PARKER COUNTRY CLUB L.P. (INSTRUMENT 20060314000334580) BEING a strip of land for right-of-way and being over,under and across a called 1.001 acre tract of land located in the William Patterson Survey,Abstract No. 716, Collin County,Texas,conveyed to Parker Country Club L.P. by a deed recorded in Instrument 20060314000334580, of the Deed Records of Collin County,Texas,said strip of land being more particularly described as follows: BEGINNING at a I/2-inch iron rod found at N 7072351.580, E 2560624.048, being the northeast corner of said Parker Country Club L.P. instrument 20060314000334580 tract, said iron rod found also being in the existing west right-of-way line of Country Club Road formerly known as FM 1378 (a 90-foot wide right-of-way conveyed to the City of Wylie by a deed now of record in Clerk's File No. 20090130000093060), said iron rod found also being at the southeast corner of a called 1.002 acre tract of land conveyed to Parker Country Club L.P. by a deed recorded in Instrument 20060314000334600,of the Deed Records of Collin County,Texas,said point also being in the east line of an existing water hue 30-foot wide water line easement dedicated to the North Texas Municipal Water District (aka. NTM-WD) filed for record in Volume 508, Page 60 of the Deed Records of Collin County,Texas,said found 1/2-inch iron rod bears S 64°37' 36"W, a distance of 116.64 feet from a 5/8-inch iron rod found at N 7072401.562, E 2560729.438,being in the north property line of a called 1.500 acres tract of land located in the M. L. Morris Survey,Abstract No. 561, Collin County,Texas conveyed to Denton/North Texas S.D.I. Portfolio L.L.C. by a deed now of record in Instrument 20070314000345350,of the Deed Records of Collin County,Texas and said Denton/North Texas S.D.I. Portfolio L.L.C. tract also being platted as Block A, Lot I of the Parker Road Sonic Addition, an addition to the Town of St. Paul recorded in Cabinet P, Slide 182 of the Plat Records of Collin County,Texas; I. THENCE S Or 02' 48" E, along the east property line of said Parker Country Club L.P. Instrument 20060314000334580 tract and said west right-of-way line of Country Club Road and the east line of said NTMWD 30-foot water line easement,a distance of 210.58 feet to a point for corner, said point being at the southeast corner of said Parker Country Club L.P. Instrument 20060314000334580 tract and being at being the northeast corner of a called 1.000 acre tract of land conveyed to John E. Martin and John D. Martin by a deed recorded in Volume 5453,Page 2797,of the Deed Records of Collin County,Texas; 2. THENCE S 89° 20' 38"W, along the south property line of said Parker Country Club L.P. Instrument 20060314000334580 tract and the north property line of said John E. Martin and John D. Martin tract, a distance of 16.22 feet to a 1/2-inch iron rod with yellow cap marked "BEIC"set at N 7072140.845,E 2560611.678,being a point for a corner; 3. THENCE N 00°46' 39"W, departing the south property line of said Parker Country Club L.P.Instrument 20060314000334580 tract, a distance of 210.59 feet along the new west right- of-way line of Country Club Road to a I/2-inch iron rod with yellow cap marked"BHC"set at N 7072351.421, E 2560608.820,being a point for a corner, in the north property line of said Page 1 of 3 Resolution 2013-25(R)—Country Club Road Project Page 12 of 65 Determining Public Necessity to Acquire By Purchase Certain Properties City of Wylie,Texas Country Club Road Right-of-Way Field Note 1)escription Parker Country Club L.P.(tint.20060314000334580) Parker Country Club LP. Instrument 20060314000334580 tract and in the south properly line of said Parker Country Club L.P. Instrument 20060314000334600 tract; 4. THENCE N 89° 24' 06" F, along the north property line of said Parker Country Club LP. Instrument 20060314000334580 tract and the south property line of said Parker Country Club LP. Instrument 20060314000334600 tract, a distance of 15.23 feet to the POINT OF BEGINNING, said strip of land for a right-of-way containing 0,0760 acres(3,311 square feet), more or less. Notes: Bearings and distances cited in this field note description are based on the Texas State Plane Coordinate System,NAD-83,Texas North Central Zone 4202,surface coordinates. The most recent field survey was conducted April 19,2013. To convert these coordinates to grid coordinates divide by the TxDOT Collin County conversion factor of 1.00015271. A Right-of-Way Plat of even date herewith accompanies this Field Note Description. Prepared By: Gary C. Hendricks,P.E., Texas Registration No. 5073 Birkhoff,Hendricks&Carter,L.L.P. TBPLS Firm No. 10031800 I,. 11910 Greenville Avene u ,Suite 600 Q"adictriniiittNAR's Dallas.,Texas 75243 5103 r Phone 214-361-7900 r • .SUP01 - Signed: / 77 Date: (--;,/;.7 r'clemalt.tyltet20 t1-1015 cotaxirtt clvb mod p.94 fiald nocenMixtrcel jorltumItA 46. Page 2 of 3 Resolution 2013-25(R)—Country Club Road Project Page 13 of 65 Determining Public Necessity to Acquire By Purchase Certain Properties WIWAM PATTERSON SURVEY PARKER COUNTRY CLUB LP. ABSTRACT NO. 716 1 INST. 20060314000334600 JOHN E. MARTIN JOHN . MARTIN PARKERCITY OF WYUE AND O COUNTRY CLUB L.P. = SYMBOL FOR 1/2' IRON 0 ROD SET (WITH YELLOW VOL 5453, PG. 2797 INST. 20060314000334580 PLASTIC CAP) MARKED *BBC EXIST. 15' PECAN ORCHARD ATER SUPPLY CORP. EMT. EXIST. 15' EXIST. VARIABLE- PROP RIOffr-Or-WAY PECAN ORCHARD EXIST. 30' WIDTH N.T.M.W.D. EXIST. VAEIIABLE® 1 0,0750 ACRES r--1,1 WATER SUPPLY WATER ESMT. WIDTH N.T.M.W.D. N.T.M.W.D. I 0 -e,T (R.O.W UNE) WATER ESMTI _ (331 i CORP. ESMT. WATER ESMT. . N 00146'jg:w - 210,59' S 8920'58 W - 16,22----, .- EXIST. 30 S 01.'0748'E- 21058' ., i (CITY UNITS . k ft Raw LINE) WATER ESMT. CITY OF WYLIE %(CITY LIMITS) ,,,'-'-' \ POINT OF CITY OF WYLIE AM. Na 716 MST, NO. 716 ' SEC/NM/NC i F.M. 1378 — - ABST. NO. 5-6 c ABST.-NO. 561 -Si - '1. P TOWN OF ST. PAUL /. TOWN OF ST. PAUL , 4 \ 1 (COUNTRY CLUB RD.) i c. KM. 2514 90' R.O.W. CONVEYED iv RAW. S 64°3736 W % 1 116.64----\ 11,—. i(CITY LIMITS '). n'll (PARKER RD.) to rf TO CRY OF WYUE DEDICATION ONSt 20090310000093060) (BY PLAT) (REF BRO.) \ 1 1 -LJTY UNITS LINE 4r. — ,n ‘ BURNETT SVY. c'''X' FNI1 i g m. L MORRIS SURMt -t(cm umn-s)ABSTRACT NO. 56 T /5T I.R.F. ABSTRACT NO. 561 e 41T011—\\SWNIZISTett.r.D*PAUL., 1/2. I.R.F. TOWN OF ST. PAUL g P UNINCORPORATED onieun PIITGOI MGR 1,3 lins. EXIST 100' R.O.W. IV 10' R.O.W. PARKER ROAD SONIC ADDN. 1 JAMES L PRICE II INST. 20081002001177580 4 DEDICATION CABINET P, SUDE 162 MD WIFE, 1 LOT A.A LAT)P BLOCK 6 I BEARINGS AND DISTANCES CUL IN TH 1 (BY IS BETTY J. PRICE FIELD NOTE DESCRIPTION ARE BASED ON I 1 DENTON/NORTH 'TEXAS S.DJ. PORTFOLIO LLC. g g . = VOL 4255, Pa 1967 THE TEXAS STATE PLANE COORDINATE 4 INST. 20070314000345350 SYSTEM, NAD-83, TEXAS NORTH CENTRAL ZONE 4202 AND FIELD SURVEYS LAST A FIELD NOTE DESCRIPTION OF EVEN DATE HEREWITH ACCOMPANIES THIS RIGHT-OF-WAY PLAT, CONDUCTED ON APRIL 19, 2013. OF -5,...--........ A.;;XcsT6'14 -V/ CITY OF WYLIE, TEXAS - co,./A- * .....0, , , GARY CL NTON HENDRICKS COUNTRY CLUB ROAD (FORMERLY KM. 1378) 0 60 120 i j/ -_-, ...e 5073 ,i RIGHT-OF-WAY PLAT - PARCEL B (PAGE 3 OF 3) um mi tj.„„- m m m ffiii.....ffm , 1 8 / 0 st5Wis. BIRKHOFF. HENDRICKS Ile CAR1ER. LLP. SCALE IN HET 7 e4--/-z_ce i 4 a 1 Professional Encensers, Texas Firm F526 APRIL 2013 Mgt Owed%Att%&Ale MX Wks,Tam 71143 (OW 241-76.00 Resolution 2013-25(R)-Country Club Road Project Page 14 of 65 Determining Public Necessity to Acquire By Purchase Certain Properties PROP 7E10. , CONST atc: 1 WILLIAM PATTERSON suRvei, 4 PARKER COUNTRY CLUB LP. 0.1997 ACRES I ABSTRACT NO. 716 r--,.4 INST. 20060314000334600 JOHN E. MARTIN (8698 so. ff.) CITY OF WYUE = SYMBOL FOR 1/2'' IRON AND JOHN D. MARTIN N 00 50 14 PARKER COUNTRY CLUB L.P. 0 ROD SET (WITH YELLOW • ' 'E- 2148' VOL 5453. PG. 2797 INST. 20060314000334580 I PLASTIC CAP) MARKED 'BBC.' N 71'2606*4,- 18.83' FL(Ti?.) EXIST. VARIABLE- f,',-. N 81•0047.E - 1726' WIDTH H.T.m.w.D. EXIST. 15' PECAN ORCHARD - c _:...,z -- i7V 66'17'18-E - 31.34' PECANUIST15'ORCHARD WATER EMI WATER SUPPLY CORP. ESMT. N 710250*W - 376fr-\\/ EXIST. 30' WATER SUPPLY EXIST. VARIABLE-WIDTH I-' ----- CORP. EMT, N.T.M.W.D. WATER ESMT. . I 1--':.;-'- /11 00791.3 W- 4204' 1 N TA4.W.D. — WATER ESMT. INV__ um 313. , S 01'02`48"'E- 21058' , N.T.M.W.D. t(CITY LIMITS- ROP. RIONT-Of-WAY N k.(ROW UNE) WATER ESNIT. k POINT OF ' caY OF WYUE CnY OF WYUE ci. 3. ABST. NO. 716 ABST, NO. 716 c%(an UNITS) \ BEGINNING i F.M. 13m ,.-- - ABST. NO. 56 ABST.-NO. 561 ' - ',g, - _ - TOWN OF ST. PAUL t TOWN OF ST. PAUL ‘ I (COUNTRY CLUB RD.) g S 64'37'36'W ` c. F.M. 2514 90' RAW. CONVEYED 15' R.O.W. c,3 116.64"---- \ k...,,ary i(cosi umnrs)-- % , LIMITS UNE 'X' FWD- (PARKER RD.) w GTO CITY OF WYUE DEDICATION (INST. 20090310000093060) (BY PLAT) (REF BRO.,) \ $ • -_ WIWNA D. 0 44 'M' 15' R.O.W. Ft.(ADDITION UNE DEDICATOR BURNETT SVY. 'X' F14°' (BY PLAT) M. L MORRIS SURVEY (crY UNITS) ABSTRACT NO. 56 /8* I.R.F. ABSTRACT NO. 561 TOWN OF ST. PAUL lir 1.R.F.-- WAN OF ST. PAUL g UNINCORPORATED SAWA MS-RENTS INC EXIST 100' R.O.W. 10° 10' R.O.W. PARER ROAD SONIC ADDN. ,, * JAMES L PRICE II INST. 20061002001177580 * DEDICATION CABINET P, SUDE 182 MD WIFE. 1 (BY PLAT) BLOCK A. LOT 1 o BEARINGS AND DISTANCES CITED IN THISBETTY J. PRICE FIELD NOTE DESCRIPTION ARE BASED ON i 1 DENTON/NOFM1 TM SAIL PORTFOLIO LLC. E 0 0 VOL. 4285, PG, 1967 THE TEXAS STATE PLANE COORDINATE I INST. 20070314000345350 1- SYSTEM, NAD-83, TEXAS NORTH CENTRAL ZONE 4202 AND FIELD SURVEYS LAST t PAGE 1 OF 1 CONDUCTED ON APRIL 19, 2013. .... _ CITY OF WYLIE, TEXAS .-.. .... .. 0 60 120 COUNTRY CWB ROAD (FORMERLY F.M. 1378) iliOVIIiiiiill11.1.1111 TEMPORARY CONSTRUCTION EASEMENT — PARCEL B BIRKHOFF. HENDRICKS & CARTER, LLP. SCALE IN FEET Professional Enerners, Texas Firm F526 0010 000,00I M.MI 000 Dike.Tam MCI (214)311-111C0 APRIL 2013 ____ .—— ..._.___. ....... . .... .".... • 4.4..,...a......•...... . -... z- - I- - Resolution 2013-25(R)-Country Club Road Project Page 15 of 65 Determining Public Necessity to Acquire By Purchase Certain Properties Exhibit "3" (following 3 pages) Resolution 2013-25(R)—Country Club Road Project Page 16 of 65 Determining Public Necessity to Acquire By Purchase Certain Properties CITY OF WYLIE, TEXAS COUNTRY CLUB ROAD RIGHT-OF-WAY FIELD NOTE DESCRIPTION PARKER COUNTRY CLUB LP. (INSTRUMENT 20060314000334600) BEING a strip of land for a right-of-way and being over,under and across a called 1.002 acre tract of land located in the William Patterson Survey,Abstract No, 716,Collin County,Texas,conveyed to Parker Country Club L.P. by a deed recorded in Instrument 20060314000334600, of the Deed Records of Collin County,Texas,said strip of land being more particularly described as follows: BEGINNING at a point being the northeast corner of said Parker Country Club L.P. Instrument 20060314000334600 tract at N 7072560.296, E 2560622.198, said point bears N 89°24' 06"E a distance of 0.51 feet from a 5/8-inch iron rod found at N 7072560,291, E 2560621.686, said point also being in the existing west right-of-way line of County Club Road(formerly FM 1378,a 90-foot wide right-of-way conveyed to the City of Wylie by a deed now of record in Clerk's File No. 20090130000093060), said point also being at the southeast corner of a called 1.002 acre tract of land conveyed to Parker Country Club L.P.by a deed recorded in Instrument 20060314000334610, of the Deed Records of Collin County,Texas,said point also being in the east line of a 30-foot wide water line easement dedicated to the North Texas Municipal Water District(aka,NTMWD)filed for record in Volume 508,Page 60 of the Deed Records of Collin County,Texas; 1. THENCE S 00° 30' 29" E, along the east property line of said Parker Country Club L.P. Instrument 20060314000334600 tract and the west right-of-way line of said Country Club Road and the east line of said 30-foot NTMWD permanent water line easement,a distance of 208.72 feet to a 1/2 -inch iron rod found at N 7072351.580,E 2560624.048,being a point for a corner, being at the southeast corner of said Parker Country Club L.P. Instrument 20060314000334600 tract and at the northeast corner of a called 1.001 acre tract of land conveyed to Parker Country Club L.P.by a deed recorded in Instrument 20060314000334580, of the Deed Records of Collin County,Texas; 2. THENCE N 89°24' 06" W, along the south property line of said Parker Country Club L.P. Instrument 20060314000334600 tract and the north property line of said Parker Country Club L.P. Instrument 20060314000334580 tract,a distance of 15.23 feet to a 1/2-inch iron rod with yellow cap marked"BHC"set at N 7072351.421,E 2560608.820,being a point for a corner; 3. THENCE N 00° 46' 39" W, a distance of 176.24 feet along the new west right-of-way line of Country Club Road to a 1/2-inch iron rod with yellow cap marked "BHC" set at N 7072527.648,E 2560606.429,being a point for a corner; 4. THENCE N 00° 23' 46"W,a distance of 32.48 feet along the new west right-of-way line of Country Club Road to a 1/2-inch iron rod with yellow cap marked "BHC" set at N 7072560,129, E 2560606.204, being a point for a corner, in the north line of said Parker Country Club L,P. Instrument 20060314000334600 tract, and being in the south line of said Parker Country Club L.P.Instrument 20060314000334610 tract; jcktlk'2OI 106 cowl,club rocl pr../Vridd noleemnApamtic_ssarkercc 6C*dan Page I of 3 Resolution 2013-25(R)—Country Club Road Project Page 17 of 65 Determining Public Necessity to Acquire By Purchase Certain Properties City of Wylie,Texas Country Club Road Right-of Way Field Note Description Parker Country Club (lust 20060314000334600) 5. THENCE N 89° 24' 06" E, along the north property line of said Parker Country Club L.P. Instrument 20060314000334600 tract and the south property line of said Parker Country Club L.P. Instrument 20060314000334610 tract, a distance of 15.99 feet to the POINT OF BEGINNING, said strip of land for right-of-way containing 0,0752 acres (3,278 square feet), more or less. Notes: Bearings and distances cited in this field note description are based on the Texas State Plane Coordinate System,NAD-83,Texas North Central Zone 4202,surface coordinates. The most recent field survey was conducted April 19,2013. To convert these coordinates to grid coordinates divide by the TxDOT Collin County conversion factor of I.0001527L A Right-of-Way Plat of even date herewith accompanies this Field Note Description. Prepared By: Gary C.Hendricks,P.E.,R.P.L.S, Texas Registration No.5073 OF Birkhoff,Hendricks&Carter, 1,,LP, A"..4.isrf TBPLS Firm No. 10031800 r4ir 4^ 0 11,0 11910 Greenville Avenue,Suite 600 GARY Dallas,Texas 75243 5073 Phone 214-361-7900 , Signed: z 4, Date: 07,4 -4- dermal c)tic,201 I%comiiry club road pried corcu,ro,,?owe cirartrrs,r5DD Joon Page 2 of 3 Resolution 2013-25(R)—Country Club Road Project Page 18 of 65 Determining Public Necessity to Acquire By Purchase Certain Properties I WLLIAM PATTERSON SURE( 1 R(rrp.)- I --„J ABSTRACT NO. 716 I - CITY OF WYLIE PARKER COUNTRY CLUB LP. PARKER COUNTRY CWB LP. PARKER COUNIRY CLUB LP. INST. 20060314000334580 INST. 20060314000334600 frig. 20060314000334610 EXIST, 15' tORST. 30' PECAN ORCHARD PROP RIGHT-OF-WAY N 002f46 H' EXIST. 15' N.T.M.W.D. WATER SUPPLY r-i-i 0.0752 ACRES 32.48m rssi.r.. PECAN ORCHARD EXIST. 30' WATER ESMT. CORP. ESMT. 1 (4.278 so. fr.) WATER SUPPLY v, I CORP. ESMT. N.TMWD. .--• WATER ESMT.7 le, -- . Le —_ .-- N 00'46'39'if' - 17624' t 1 WOOD Pi (R,O.W. UNE) S 892406 W - S 00:50'29.E- 20872' 0 \ 9 ' R.O.W. CONVEYE TO CITY OF D ME \-N 8924'06.E - 0.51' rt(R.aw, UNE)-1 CITY OF WYUE ci (INST. 20090310000093060) CRY OF WYLIE7 (REF. E1RO.) ABST. NO, 716 '.' ABST. NO, 716 i F.M. 1378 ABST. NO. 561 8 - - I ABST. NO, 561 _ - -— TOWN OF ST. PAUL t i(CITY LIMITS)-F coy I UNINCORPORATED POINT OF -TCOUNTRY CLUB RD.) mum--; BEGINNING' i(at?UNITS 5/8" I.R.F. - UNE 1 1/2" I.R.F.- __ 1 in \--LP (R.O.W. UNE) ° (ADDITION UN \-5/8' I.R.F, t(TYP. 2 DEDICATION TOWN OF ST. PAUL (BY PLAT) PARKER ROAD SONIC AODN. R(CITY UNITS) 1 9 CABINET P, SLIDE 182 i = SYMBOL FOR 1/2' IRON 2§ ,=,- BLOCK A, LOT 1 Y. 0 M. L IAORRIS SURVEY 0 ROO SET (WM-1 lalow §. DENTON/NORTH TEXAS S.D.I. PORTFOU0 LLC. g ABSTRACT NO. 561 1 PLASTIC CAP) MARKED 'ENC.' INST. 20070314000345350 R UNINCORPORATED i 1 §-- It g JAMES L PRICE 11 BEARINGS AND DISTANCES CRED IN THIS CHECKERED RAG INC. iii FIELD NOTE DESCRIPTION ARE BASED ON 1 g AND WIFE, BETTY J. PRICE INST. 20070601000742230 THE TEXAS STATE PLANE COORDINATE ... VOL 4285, PG. 1967 TRACT 2 SYSTEM, NAD-83, TEXAS NORTH CENTRAL ZONE 4202 AND FELD SURVEYS LAST ... - . A FIELD NOTE DESCRIPTION OF EVEN DATE HEREWITH ACCOMPANIES THIS RIGHT-OF-WAY PLAT. CONDUCTED ON APRIL 19, 2013. • ..c. -.9.F......r. ' A kl::..,•,..r,ISTC,ri,,....,-,f;9 4, CITY OF WYLIEt TEXAS ,....01,......._____ A 67f i'. * S‘C-'••..o,. • G;Fii C5,N,1bii HENDRICKS. COUNTRY CLUB ROAD (FORMERLY F.M. 1378) 0 60 120 ,/y ...":„..0 ,,,,...05, 5073 „i,,,,..•;.,..., -mini IY‘-'7%'•ef6s sle.'../.(:)-‘f RIGHT-OF-WAY PLAT - PARCEL C (PAGE 3 OF 3) - t ' -`110.:.....•:i ''.. ../ /-.7 - iz 6 BIRKHOFF. HENDRICKS & CARTER, LLP. ---(- SCALE IN FEET ' re-77. ", - --"' Frofooslonol Enghleers, Texas Firm F528 APRIL 2013 111110 Cnorra•Ans.Sas OM Mc%Tvran 7V343 (214)1111-7100 •••• A....ea •,..•I.... ..“.........“A... .... a ..• •i t.• • • "...•I........“. .. A . •_ Resolution 2013-25(R)-Country Club Road Project Page 19 of 65 Determining Public Necessity to Acquire By Purchase Certain Properties Exhibit "4" (following 5 pages) Resolution 2013-25(R)—Country Club Road Project Page 20 of 65 Determining Public Necessity to Acquire By Purchase Certain Properties CITY OF WYLIE, TEXAS COUNTRY CLUB ROAD PERMANENT DRAINAGE EASEMENT FIELD NOTE DESCRIPTION PARKER COUNTRY CLUB L.P. (INSTRUMENT 20060314000334600) BEING a strip of land for a permanent drainage easement and being over,under and across a called 1.002 acre tract of land located in the William Patterson Survey, Abstract No. 716, Collin County, Texas, conveyed to Parker Country Club LP. by a deed recorded in Instrument 20060314000334600, of the Deed Records of Collin County, Texas, said strip of land being more particularly described as follows: BEGINNING at a point being the northeast corner of said permanent drainage easement and being in the new west right-of-way line of Country Club Road (formerly FM 1378) at N 7072540.053, E 2560606.343, said point bears S 00°23'46"E a distance of 20.08 feet from a 1/2-inch iron rod with yellow cap marked"BHC" set at N 7072560.129, E 2560606.204 being at the intersection of said new west right-of-way line of Country Club Road and the north property line of said Parker Country Club L.P. Instrument 20060314000334600 tract,and said point bearing S 37° 10' 04"W,a distance of 25.40 feet from a 5/8-inch iron rod found at N 7072560.291,E 2560621.686; I. THENCE S 00°23' 46"E,along the new west right-of-way line of said Country Club Road, a distance of 12.41 feet, to a 1/2-inch iron rod with yellow cap marked "BHC" set at N 7072527.648,E 2560606.429; 2. THENCE S 00°46' 39"E, continuing along the new west right-of-way line of said Country Club Road,a distance of 67.59 feet to a point for corner; 3. THENCE S 89° 13' 21" W,departing the new west right-of-way line of said Country Club Road,a distance of 15.00 feet to a point for corner; 4. THENCE N 57°34' 29"W,a distance of 62.29 feet to a point for corner; 5. THENCE N 65° 21' 03" W, a distance of 19.14 feet to the point of curvature of a non- tangent curve to the left having a radius of 40.00 feet,a central angle of 68°28' 47",a tangent bearing S 65°16' 00"W,and a chord length of 45.01 feet; 6. TIIENCE along said curve to the left,an arc distance of 47.81 feet to the point of tangency; 7. THENCE S 31°01' 37"W,a distance of 126.60 feet to a point for a corner being in the west property line of said Parker Country Club L.P.Instrument 20060314000334600 tract; 8. THENCE N 00° 52' 18"W, along the west property line of said Parker Country Club L.P. Instrument 20060314000334600 tract,a distance of 37.85 feet to a point for a corner; j,.<1..r..yEe.2011-106 country dub Kad ckfickP soioAckainngo manslAral_c_parkesce 640-dreln docx Page 1 of 3 Resolution 2013-25(R)—Country Club Road Project Page 21 of 65 Determining Public Necessity to Acquire By Purchase Certain Properties City of Wylie,Texas Country Club Road Permanent Drainage Easement Field Note Description Parker Country Club (Inst.20060314000334600) 9. THENCE N 31° 01' 37" E, departing the west property line of said Parker Country Club L.P.Instrument 20060314000334600 tract,a distance of 94.47 feet to the point of curvature of a tangent curve to the right having a radius of 60.00 feet, a central angle of 68° 28' 47", a tangent bearing N 65°16'00"E,and a chord length of 67.52 feet; 10. THENCE along said curve to the right, an arc distance of 71.71 feet to a point for corner at the end of the curve; 11. THENCE N 84°21' 50"E,a distance of 19.14 feet to a point for corner; 12. THENCE N 69°55'50"E,a distance of 49.55 feet to a point for corner; 13. THENCE N 89° 13' 21" E, a distance of 15.08 feet to the POINT OF BEGINNING, said strip of land for permanent drainage easement containing 0.1791 acres (7,800 square feet), more or less. Notes: Bearings and distances cited in this field note description are based on the Texas State Plane Coordinate System,NAD-83,Texas North Central Zone 4202,surface coordinates. The most recent field survey was conducted April 19,2013. To convert these coordinates to grid coordinates divide by the TxDOT Collin County conversion factor of 1.00015271. A Permanent Drainage Easement Plat of even date herewith accompanies this Field Note Description.. Prepared By: Gary C.Hendricks,P.E.,R.P.L.S. Texas Registration No.5073 Birkhoff Hendricks&Carter,L.L.P. TBPLS Finn No. 10031800 ViSi 11910 Greenville Avenue Suite 600 ARYctn Dallas,Texas 75243 %0.1 5073 ,,:$1-4.1. Phone 214-361-7900 ("Art ' • Signed: Date; 7 Pciencal wykA201 I 406 oautiryaint,mad igs4 PIM notes,drainapc ami parcel jarkerec.540,1valoo&cp. Page 2 of 3 Resolution 2013-25(R)—Country Club Road Project Page 22 of 65 Determining Public Necessity to Acquire By Purchase Certain Properties N 00'5278.W - 37851 ,,,,-S 00'.5218.E - 114.72 (REF BRO.) , -- _- - CLIME 1 1 WR/E 2 WIWAM PATTERSON SURVEY 1/12* I.R.F,/ k. A 6812847"R7 6878'47.L7. R 60.00' 40.00' ABSTRACT NO. 716 ,'.-,, N310137 E CITY OF TIME 5 JIVIfri.71 r 40.84' .27.22' -,i) 94.47' I 7E71' 47.81' PARKER COUt4TRY CLUB LP. 126.60' - ae, N 65'16'00'E S etristv•w INST. 20060314000334580 It MAP) _ CA 6752' 4,10/' PARKER-- . -,... I .. ' COUNTRY CLUB LP. SYMBOL FOR 1/2" IRON I INST. 20060314000334600 20 PARKER COUNTRY CLUB LP. RVE 1 0 ROD SET (WITH YELLOW . - iNsor 20060314000334610 EXIST. 15' CURPE 2 PECAN ORCHARD PLASTIC CAP) MARKED "81-1C, , DIST, 15' WATER SUPPLY N 657103.IV- 19.14'---..„..., -, - PECAN ORCHARD CORP. ESFAT, EXIST, 30' N.T.M.W.D. ...,„ WATER EMT. _ N 57",,Tif 29'iir - 622 ' , ,,.. _:_z--„ N 8421'50'e _ 19,74' PROP, P ERM4NENT DRNNAGE Es4fr ,-_-_ --,_. 1 . , ai7j1 ACRES (7,800 SO. 047) _ ..'„„„'-,, 1 695550 E- 49.55' WATER SUPPLY CORP, Esia. COST. 30' N.T.M.W.D. WATER ESMT. r--$0073"46.E— 20.08'(REF 8R0) .-. -- — .., ----,_ 15.08' WOOD - S 89732i.if rt (RAW. UNE) I—S J710'04*W =„, 1500' PROP. RIGhT-OP-WAY E 00.4639"E _ 6759' (REF BRO.) IL(R.D.W. uNE) CITY OF WYLIE 2, i(CITY umrs)_, crY OF WYUE S 002546.E - 1241' ABST. NO, 716 i RM. 13M " ‘ — — . — —... _____ ABST.-NO, 561 '' - 1 CITY TOWN OF T. PAUL 901 IRON, CONVEYED UNINCOPMOR5A16114 \ (COUNTRY CLUB RD.) 6 TO CITY OF WYUE VUMITS POINT or . UNE ''-i(CITY UNITS) (INST. 20090310000093060) , 8EGINNING 5/8* I.R.F."/„.,, , — 1(CITY limas) _ 1/2" I.R.F. _ In 15' 13,0,W, DEDICATION (BY RAT) - TOWNF-ST. PAUL 5/8* t.P.F.----- UNINCORPORATED ° .(ADM. UNE) IA. L. MORRIS SURVEY -- ABSTRACT NO 561 (VT?) CHEINERED G BEARINGS AND DISTANCES CITED IN THIS JAMES L PRICE II RA INC.FIELD NOTE DESCRIPTION ARE BASED ON i AND WIFE, BETTY J. PRICE INST, 20070601000742230 THE TEXAS STATE PLANE COORDINATE F- .T., VOL 4285, PG. 1967 TRACT 2 SYSTEM, NAD-83, TEXAS NORTH CENTRAL ZONE 4202 AND FIELD SURVEYS LAST - ,... I PAGE 3 OF 3 CONDUCTED ON APRIL 19, 2013. """r()F ''C' "' 1„ Ay;,..r.,.. t4, CICITYOF WYLIE, TEXAS ..... ..... .._._ CLINTON WiiVolit.64. COUNTRY CLUB ROAD (FORMERLY F.M. 1378) 0 6 0 120 / /I z ''' %,. 5073 i o,v I ,r'l /7 ''(..:?!.°P 5t'''''' PERMANENT DRAINAGE EASEMENT — PARCEL C , i .,-7 ass% .,0 f 111 .WilitiMMMIIII 1' 1 +6' .. i N.,SUR*4 .f. BIRKHOFF. HENDRICKS & CARTER, LLP. APRIL 2013 SCALE IN FEEr // l',1-110.:.CY7---01---5 . - . P ar feast al En ince__.es Taxan Firm F526 11119 aniwitrilimp.,a94C1000 1.01.Tow 11243 (214)361-71104 --___ Resolution 2013-25(R)-Country Club Road Project Page 23 of 65 Determining Public Necessity to Acquire By Purchase Certain Properties Al 0052'18'W - 942` _ S O052'18'E-10530'(REF BRO.) — 1---- wi PATTERSON S[� 'LR F a "t ABSTRACT NO. 716 `. Rrxr' COY WYLIE PROP. PERMANENT , r 4rz71' PARKER OFRY CLUB LP. !noNASE EST S 31191;37' %Q ,N`r as s J'J "w INST. 2nD60314D133458t1 [`t,�l 94.47' ". J ctz as2' 'N. I PROP TEMP PARKER CURIE 1 CONS: EWT. PMKER COUNTRY LP. EXIST. 15' R(TYT,) COUNTRY CLUB LP. 0.06T7 ACRES INST. 20060314000334610 PECAN ORCHARD INST. 2006(}314 3346t]L) (2,925 SO. ET) WATER SUPPLY EXIST. 15' CORP. ESMT. = SYMBOL FOR 1 j2" IRON PECAN ORCHARD .. S 84213O'W — 1914 F N 89`1321'E- 94.42' WATER SUPPLY 0 ROO SET OmrH YELLOW CORP.ESIg EXIST. 30' PLASTIC CAP) MARKED "DHC." 3D. N.T.M.W.D; I S 8955.50'W - 4955' WATER ESMT. I I { M N I619f1 — 18t3 WATER ESMT. = S 89 7321'W 1518' f In WOOD 1/2' LR.F, i} .. . - R * N t75i $ E 0AL MK . A tAP/E5 S 00'23 46 E 20 08... ... {� 2211 ►i._ (L)ISTIJRBED) In IL(R.O.W UNE ' ' S 8924 46'W- 1548 PROP RIGHT-OF-WAY (RE£. BM.) POINT OF t.(R.o.w.LINE) arTY OF WYLIE i(ow ut ITs)- cmy WYLIE /8w L IN R.F. BE NII A9ST. NO. 7]6 A ABM , NO. 716 FM. 1378 TOWN OF ST.SPAUL 8 90'TOR I OF TWEWYTJED f UIdl 6tl 1RAT1 p � CLUB RD.) (INST. 2UO9O31tk34DD93D60) I LINE M. L. Y (CITY LIMITS) 5/5" I.R.F. (CITY UNITS 1 ABSTRACT NO. (Raw LINE) - 15' R.O.W. DEDICATION (BY PLAT) c --- TOWN 4F ST. PAL Sir L.R.F. UNINCORPORATED -1/2" L.R.F. (gip BEARINGS AND DISTANCES MED IN THIS i JAMES L. PRICE II CFECKERED FLAD INC. FIELD NOTE DESCRIPTION ARE BASED ON 8 . AND VIDE, may J. PRICE INST. 2OO70601000742230 THE TEXAS STATE PLANE COORDINATE a� m VOL 4285, PG. 1967 TRACT 2 SYSTEM, NAD-83,TEXAS NORTH CENTRAL ZONE 4202 AND FIELD SURVEYS LAST I PAGE 1 OF 1 CONDUCIWU ON APRIL 19, 2013. CITY OF WYLIE, TEXAS COUNTRY CLUB ROAD 01AMERLY F M. 1378) 0 60 120 TEMPORARY t COUSTRIXTMN EASEMENT - PARCEL C BIRKHOF€. HENDRICKS & CARTER. LLP. SCALE IN FEET R g : ° M :� APRIL 2013 ; .Sa. ; O )3 Resolution 2013-25(R)-Country Club Road Project Page 24 of 65 Determining Public Necessity to Acquire By Purchase Certain Properties N tea'/8'W- A34' 718'E 3 1 fi °1'REP ,) t WHIM PA . ,- 1/2�JAI. A �B"47 R£. ABSTRACT I163. 716 '"+• 31171;T E R 7,22' 1 Y `" T .27.., ' PM ER CIKNIFri ale LP. Moto t CA Ar st ` 1NST, 21�14s 334- 1 537 77 7 i`• ail o ` T� 11443 - 1 FOR 1 j2` � * 1 PARKER LP. PLASTIC CAP) ( 1 PECANXI 5' (WITH YELLOW + LP. a 147 SST. 200603140,0334610 SUPPLY 4151< 2�31 . 15` tJ - ` > PECM CROWD S 89`13;21' 1 .S 65' 1 1 1 ' WATER > ` (>YP. ti 101.1r � CORP. �. N..T tL4 ° � ELM 30' c—car ` 1 �` 1�� S 3 � - .T. .W.D. :62184( - i ~ t7t! WATERfit; ti _. f O. ' (RAW.UNE)J 1/2` 411.f-7 1 i:39.*E 8913211 1 65 ,` 7 X' T.( a E) (art� ' .. 71& wiy ter. L,8. IRE ARSE . 1 '' Al ST. I . 561 0 f. F:1 . 1 t 8 (PEST. 1 )8 TO 01Y Of WILE 8`1NM1 M. L ( /6'LR.F. Cr(utMITS _ No.561 (RDA Lam,) 15` O.M.CEDICAT1ON (81 (CITY IS) — �.a OF sr. PAS, 5/"Ulf. s 3.,. 51 / ERE. ( ,) MAINNGS AM DISTANCES arm IN DNS /3 V FIELD NOTE DESCRIPTXX4 ARE BASED C44 J. 01 221 THE TEAS STATE NATTE g 4265, . 19.1� . TRACT 2 SYSTEM, t -83,TEXAS MC 4202 A18) MED MAIMS usr I PAGE I cW 1 mown 19,2013, CITY OF WYUE, TEXAS � } .t� -.-..:-Y F.M. 1378) am us at 2 .0-. • , ENT - P EifiticHoFFSCALE ! #roform1on Engine a, r aCKS & s FirmF52 APRIL2013 moo1 Resolution 2013-25(R)-Country Club Road Project Page 25 of 65 Determining Public Necessity to Acquire By Purchase Certain Properties Exhibit "5" (following 4 pages) Resolution 2013-25(R)—Country Club Road Project Page 26 of 65 Determining Public Necessity to Acquire By Purchase Certain Properties CITY OF WYLIE, TEXAS COUNTRY CLUB ROAD RIGHT-OF-WAY FIELD NOTE DESCRIPTION PARKER COUNTRY CLUB L.P. (INSTRUMENT 20060314000334610) BEING a strip of land for a right-of-way being over, under and across a called 1.002 acre tract of land located in the William Patterson Survey,Abstract No. 716,Collin County,Texas, conveyed to Parker Country Club L.P. by a deed recorded in Instrument 20060314000334610, of the Deed Records of Collin County,Texas,said strip of land being more particularly described as follows: BEGINNING at a point being the northeast corner of said Parker Country Club L.P. Instrument 20060314000334610 tract at N 7072769.093, E 2560620.346,also being in the existing west right- of-way line of Country Club Road(formerly FM 1378,a 90-foot right-of-way),said point also being at the southeast corner of a called 1.117 acre tract of land conveyed to Parker Country Club L.P.by a deed recorded in Instrument 20060314000334590, of the Deed Records of Collin County,Texas, said point also being in the east line of a 30-foot permanent water line easement dedicated to the North Texas Municipal Water District (aka. NTMWD), said point bearing N 88°51' 30"E, a distance of 1.59 feet from a 1-inch iron pipe found at N 7072769.061 E 2560618.755, said point also bearing S 38° 22' 46" W, a distance of 144.15 feet from a 5/8-inch iron rod found at the southwest corner of a parcel of land conveyed to Billy R. and Rita C. Williams by a deed now of record in Volume 2176, Page 986 of the Deed Records of Collin County,Texas at N 7072882.096, E 2560709.846, said 5/8-inch iron rod found also being in the east right-of-way line of Country Club Road(formerly FM 1378); 1. THENCE S 00° 30' 29" E, along the east property line of said Parker Country Club L.P. Instrument 20060314000334610 tract and said west right-of-way line of Country Club Road, and the east line of said 30-foot NTMWD water line easement,a distance of 208.81 feet to a point for corner, said point bearing N 89°24' 06"E,a distance of 0.51 feet from a 5/8-inch iron rod found at N 7072560.291,E 2560621.686,said point being at the northeast corner of a called 1.002 acre tract of land conveyed to Parker Country Club L.P.by a deed recorded in Instrument 20060314000334600,of the Deed Records of Cain County,Texas,; 2. THENCE S 89° 24' 06" W, along the south property line of said Parker Country Club L.P. Instrument 20060314000334610 tract and the north property line of said Parker Country Club L.P. Instrument 20060314000334600 tract, a distance of 15.99 feet to a to a I/2-inch iron rod with yellow cap marked"BHC"set at a point for a corner at N 7072560.129,E 2560606.204; 3. THENCE N 00°23' 46"W, departing the south property line of said Parker Country Club L.P. Instrument 20060314000334610 tract and the north property line of said Parker Country Club L.P. Instrument 20060314000334600 tract, along the new west right-of-way line of Country Club Road a distance of 208.66 feet to a to a 1/2-inch iron rod with yellow cap marked"BHC" set at a point for a corner at N 7072768.782, E 2560604.762 being in the north property line of said Parker Country Club L.P. Instrument 20060314000334610 tract and being in the south property line of said Parker Country Club L.P. Instrument 20060314000334590 tract; klericaDylom2.01 I 106 coml.,.club roivd pkRrAckl no tdvomparcrld_puketcc-6 10 dOsx Page 1 of 3 Resolution 2013-25(R)—Country Club Road Project Page 27 of 65 Determining Public Necessity to Acquire By Purchase Certain Properties City of Wylie,Texas Country Club Road Right-of-Way Field Note Description Parker Country Club (inst.20060314000334610) 4. THENCE N 88° Si' 30" E, along the north property line of said Parker Country Club LP. Instrument 20060314000334610 tract and the south property line of said Parker Country Club L.P. Instrument 20060314000334590 tract, a distance of 15.59 feet to the POINT OF BEGINNING,said strip of land for a right-of-way containing 0.0757 acres (3,296 square feet), more or less. Notes: Bearings and distances cited in this field note description are based on the Texas State Plane Coordinate System,NA D-83,Texas North Central Zone 4202,surface coordinates. The most recent field survey was conducted April 19,2013. To convert these coordinates to grid coordinates divide by the TxDOT Collin County conversion factor of 1.00015271, A Right-of-Way Plat of even date herewith accompanies this Field Note Description. Prepared By: Gary C.Hendricks,P.E,,R,P,L.S. Texas Registration No.5073 OF r Birkhoff,Hendricks&Carter,L.L.P. A:1;`..•,. s TBPLS Finn No. 10031800 11910 Greenville Avenue,Suite 600 GikRY CLINTON HENDRICKS Dallas,Texas 75243 5073 Phone 214-361-7900 S(IRV Sired: /— Date: "7-3- ,clericall.mybe.21.)I I.I a counrry dub r5b1 ficidooi.Vow pecel diuvlarc.610 decx Page 2 of 3 Resolution 2013-25(R)—Country Club Road Project Page 28 of 65 Determining Public Necessity to Acquire By Purchase Certain Properties t- 1 WIWAM PATTERSON SURVEY I I? (TYP.)--„,,.....1 ABSTRACT NO, 716 I CITY OF WYLJE I PARKER COUNTRY CLUB LP, PARKER COUNTRY CLUB LP. I PARKER COUNTY CLUB LP, INST. 20060314000334600 INST,, 20060314000334610 INST. 20060314000334590 EXIST. 15' PECAN ORCHARD Exist. ja, PROP. RIGHT-OF-WAY EXIST, 15' WATER SUPPLY NT.NW.D. r-sr-J 0.0757 ACRES I PECAN ORCHARD CORP. ESMT, (... 9 .c- WATER ESMT. ! (4296 sa FT) WATER SUPPLY EXIST, 30' F.21-, I Ai Rpm 1 qn.r CORP. ESMT, N.T.M.W.D. §. " '',--,‘--,•42,7%-,67.---27,- ATER EWE .,_ .. 0.....--) . , • ----a ....--___„...._.. ID S 892406 W--....,,,,,:r.-. N 007346'Hi - 20866' , N 88'51'30 E- 1 59' ,., ' ' zl.PPE FND Rg: 8Ra * 0' (R.O.W. UNE -)-11 N 89'2406* S 00'3029 Et- 208.81 E- 0.51'-/ ,,,., _ , WOOD7 (REF SRO) LWOOD .,*-6,„. P.O.W. c. FM 1378 cny OF WYLIE P.O.W. MKR. ABST. NO. 716 (DISTURBED) c2 MKR. -- , I CTTY [ (COUNTRY CLUB RD UNINCORPORATED.) ABS71. NO. 561 - -- um„,.1 90' IR.O.W. CONVEYED '"',. TO cry OF WYUE BEGINNING ,,, - 1 (INST. 20090310000093060) 1/2" I.R.F.- /.(CITY LIMITS , -, ZS -. ' rit(ROW. UNE) — ..-- 5/8' I.R.F.-- rt ow LIMITS) c, _ --/— = ci It (R.O.W. LINE) t OW) Sitir I.R.P. 0 il w g = SYMBOL FOR lir IRON 8 JAMES L PRICE II m. L moRRs suRvEy 0 ROD SET (WITH YELLOW 1 f AND WIFE, BETTY J. PRICE E .. 1 ABSTRACT NO. 561 I PLASTIC CAP) MARKED '8HC.* 1- VOL 4265, P0. 1967 I UNINCORPORATED 1,,,,N4I BEARINGSam IN AND DISTANCESTHIS CHECKERED FLAG INC. I I CHECKERED FLAG INC. BILLY R. & FIELD NOTE DESCRIPTION ARE BASED ON INST. 20070601000742230 INST. 20070601000742230 RITA C. WILLIAMS THE TEXAS STATE PLANE COORDINATE TRACT 2 TRACT 1 VOL 2176, PC 986 SYSTEM, HAD-83, TEXAS NORTH CENTRAL ZONE 4202 AND FIELD SURVEYS LAST ,,, . ,,,.. A FIELD NOTE DESCRIPTION OF EVEN DATE HEREWITH ACCOMPANIES THIS RIGHT-OF-WAY PLAT, CONDUCTED ON APRIL 19, 2013. - OF - A,„‘t.vo,STexe•4?.....7 04 . ,- CITY OF WYLIE, TEXAS :== -... ., A.09.:C"" * <D'-..o a z 4 GARY CLINTON RENDRICKS ' COUNTRY CLUB ROM (FORMERLY F.M. 1378) 0 60 120 ,, , , N ',... '...,57i ,.1 , r - ./...Q..., 11 ",,,,` SCALE IN FEET --- / ,, ir,,,,,, ,,,‘,_,_.5 ,.- RIGHT-OF-WAY PLAT - PARCEL D (PAGE 3 OF 3) BIRKHOFF, HENDRICKS St CARTER, LLP. Professional Engineers, Texas Firm F526 IMO iksumik At*.SOW$OO 041140.T. 15141 (114)361-7940 APRIL 2013 _ Resolution 2013-25(R)-Country Club Road Project Page 29 of 65 Determining Public Necessity to Acquire By Purchase Certain Properties . i 1 WILMA PATTEFSON SURVEY I Ft( )—........„Ji ABSTRACT NO. 716 I CRY OF WYUE I 1-----.4 PARKER COUNTRY CLUB LP. PROP, 7ENP. PARKER COUNTRY CLUB LP. T PARKER COUNTRY CLUB LP. INST, 20060314000334600 COAIST E3)Ig: INST. 20060314000334610 INST. 20090314000334590 EXIST. 15' 00723 ACRES EXIST. 15' PECAN ORCHARD (4.149 SO. FT) PECAN ORCHARD WATER SUPPLY N 01723'46 W - 21 WATER SUPPLY CORP. ESMT. RP, ESMT. Tx) I N 0447'14'E - 13459' N 83'46'45"W 11.87 N 871443"E- 1246' DOST. 30' N.T.M.W.D. WATER ESMT. ..... — _________, EXIST. 3C1' S 89.24'06"W - 22.10--••••- CT-7.'- ''-.. '•'-- ''--.."------- NIM.W.137----.R 0 _-N 0023 46 W - 208.66".t'.. '-•-•,-• -••,. ..-7---------‘-*--N ar5rso'E - 1005' . t(Raw. UNE) WATER ESMTs 8974,06w 5/8IA!. _ 1599, . S. • : i'' PIPE Filo , 0 I * / 004,70:29 E _ 20881' (R.O.W. UNE)- N 89:2406'E - a5r1 i ,,30 PROP N 88:5140'E - 1.59' W000-/ ROM. (REP aRa) CITY OF WYUE R.O.W. MKR. Rohr_ (REF 8R6) 05 MKR„ Aen No. 716 (DISTURBED) ar-mfAr F.M. 1378 _ _-- ABST. NO. 561 _ 1 (COUNTRY CLUB RD.) 7. CITY I 90' R.O.W. CONVEYED UNINCORPORATED Ln TO CITY OF WYUE POINT OF umn-s---1 -- 25 UNE i (INST. 20090310000093060) 1 lyr I.R.F. 1.(CM(UMITS 1 BEGINNING — ----7_- 5/8*I.R.F. FL(orr UNITS) el P 8 § JAMES L PRICE II ° g f AND WM BEM J. PRICE 1 1,_ VOL 4285, PG. 1967 I M. L MORRIS SURVEYFL(TIP.) ABSTRACT NO. 561 UNINCORPORATED I I I = SYMBOL FOR 1/2' IRON 8' 0 ROD SET (WITH YELLOW I.R.F. 0 PLASTIC CAP) MARKED '8HC." —7I 0 \--1?..(R.O.W. UNE) BEARINGS AND DISTANCES CITED IN THIS CHECKERED FLAG INC. r-ra CHECKERED FLAG INC. BILLY R. & FIELD NOTE DESCRIPTION ARE BASED ON INST, 20070601000742230 INST, 20070601000742230 RITA C. WIWAMS THE TEM STATE PLANE COORDINATE TRACT 2 TRACT 1 VOL 2176, PG. 986 SYSTEM, NAO-83, TEXAS NORTH CENTRAL ZONE 4202 AND FIELD SURVEYS LAST PAGE 1 OF 1 , CONDUCTED ON APRIL 19, 2013, .. CITY OF WYLIE, TEXAS -..= ..... .. ...__ COUNTRY CLUB ROAD (FORMERLY F.M. 1378) 0 60 120 TEMPORARY CONSTRUCTION EASEMENT — PARCEL D 141mm , BIRKHOFF„ HENDRICKS & CARTER, LLP. SCALE IN FEET Professional Enginers, Texas Firm F528 APRIL 2013 new seeese me,we KO DOW.iftla 72243 (214)321-7203 Resolution 2013-25(R)-Country Club Road Project Page 30 of 65 Determining Public Necessity to Acquire By Purchase Certain Properties Exhibit "6" (following 4 pages) Resolution 2013-25(R)—Country Club Road Project Page 31 of 65 Determining Public Necessity to Acquire By Purchase Certain Properties CITY OF WYLIE, TEXAS COUNTRY CLUB ROAD RIGHT-OF-WAY FIELD NOTE DESCRIPTION PARKER COUNTRY CLUB L.P. (INSTRUMENT 20060314000334590) BEING a strip of land for a right-of-way being over, under and across a called 1.137 acre tract of land located in the William Patterson Survey,Abstract No. 716,Collin County,Texas,conveyed to Parker Country Club L.P. by a deed recorded in Instrument 20060314000334590, of the Deed Records of Collin County,Texas,said strip of land being more particularly described as follows: BEGINNING at a wood right-of-way marker at the most easterly northeast corner of said Parker Country Club L.P. Instrument 20060314000334590 tract at N 7072958.675, E 2560618.665, said wood right-of-way marker also being at the southeast corner of a right-of-way corner clip between the west right-of-way line of Country Club Road(formerly FM 1378 a 90-foot right-of-way)and the south right-of-way line of Parker Road (also known as FM 2514, a 100-foot right-of-way), said wood right-of-way marker also being at the northeast corner of a 30-foot permanent water line easement dedicated to the North Texas Municipal Water District(aka.NTMWD),said wood right- of-way marker bearing N 49°58' 28"W,a distance of 119.07 feet from a 5/8-inch iron rod found at the southwest corner of a parcel of land conveyed to Billy R.and Rita C. Williams by a deed now of record in Volume 2176,Page 986 of the Deed Records of Collin County,Texas at N 7072882.096, E 2560709.846, said 5/8-inch iron rod found also being in the east right-of-way line of Country Club Road(formerly FM 1378)at N 7072882.096,E 2560709.846; 1. THENCE S 00° 30' 29" E, along the east property line of said Parker Country Club L.P. Instrument 20060314000334590 tract and the west right-of-way line of said Country Club Road and the east line of said 30-foot NTMWD easement, a distance of 189.59 feet to a point for a corner, said point being at the southeast corner of said Parker Country Club L.P. Instrument 20060314000334590 tract,also being at the northeast corner of a called 1.002 acre tract of land conveyed to Parker Country Club L.P. by a deed recorded in Instrument 20060314000334610, of the Deed Records of Collin County,Texas, said point bearing N 88°51' 30"E, a distance of 1.59 feet from a 1-inch iron pipe found at N 7072769.061,E 2560618.755; 2. THENCE S 88° 51' 30" W, along the south property line of said Parker Country Club L.P. Instrument 20060314000334590 tract and the north property line of said Parker Country Club L.P. Instrument 20060314000334610 tract, a distance of 15.59 feet to a 1/2-inch iron rod with yellow cap marked"BHC"set at a point for a corner at N 7072768.782,E 2560604.762; 3. THENCE N 00° 23' 46" W, a distance of 189.79 feet to a 1/2-inch iron rod with yellow cap marked "BHC" set at a point for a corner at N 7072958.570, E 2560603.451, said point being the northwest corner of the new right-of-way for Country Club Road; 4. THENCE N 89°36' 14"E,a distance of 15.21 feet to the POINT OF BEGINNING,said strip of land for right-of-way containing 0,0671 acres(2,921 square feet),more or less. p .,i4o11-146 Quotry dub road p&duSeld ummlrtivAparcel_e_parkera-590 dem Page I of 3 Resolution 2013-25(R)—Country Club Road Project Page 32 of 65 Determining Public Necessity to Acquire By Purchase Certain Properties City of Wylie,Texas Country Club Road Right-of-Way Field Note Description Parker Country Club (lust,2006031 4000334590) Notes: Bearings and distances cited in this field note description are based on the Texas State Plane Coordinate System,NAD-83,Texas North Central Zone 4202,surface coordinates. The most recent field survey was conducted April 19,2013. To convert these coordinates to grid coordinates divide by the TxDOT Collin County conversion factor of 1,00015271. A Right-of-Way Plat of even date herewith accompanies this Field Note Description. Prepared By: Gary C.Hendricks,P.E.,R.P.L.S. Texas Registration No,5073 Birkhoff,Hendricks&Carter,L.L.P. OP r TBPLS Firm No. 10031800 E'VS-17 11910 Greenville Avenue,Suite 600 Dallas,Texas 75243 GAO CLINTON iiftifflpS Phone 2 14-361-7900 5073 ° Signed: (-7 Date: clenc41.9rta-20 I-104 antrolry olob raid padlicid nolevrow^par“1 c_parkffcc.590 drocx Page 2 of 3 Resolution 2013-25(R)—Country Club Road Project Page 33 of 65 Determining Public Necessity to Acquire By Purchase Certain Properties UST, 15' lg. I VIIWAM PAI!EASON SURVEY PECAN ORCHARD A : FYIST. 108 R.O.W. JAMES ANDERSON SURVEY ABSTRACT NO, 716 WATER SUPPLY III ABSTRACT NO. 17 CITY OF WYLIE CORP, ESMT, § 48' 60 CITY OF LUCAS PARKER COUNTRY CLUB LP. PARKER COUNTRY CLUB LP. woe_ /....D J.C.B.R. HOLDINGS LLC. INST. 2011022200019 1070 INST. 20060314400334610 INST. 20060314000334590 DE23DicAR,onomN. I 2)3. g-d 7g 0-J . (RAW. UNE) TO TxDOT (PLAT PENDING) UST. 15' g 0 1 g EXIST. 30' r-,.....i PECAN ORCHARD PROP. RIGHT-OF-WAY (CITY UNITS) N.T M.W.D. I WATER SUPPLY 0.0671 ACRES TxDOT ATER ENT, ET 1 CORP. ESMT, (2,921 Si). IT.) DIS-JJjI R(R.O.W. UNE) ___ >, In i 1 i/-15/8 I.R.F. 8 DEDICATION s atrsi'3o.w- r- 8 a°23461 W - 189.79' TO T —xDOT " o cs rh (FIAT PENDING) .59' r-1 PIPE FNO -' ‘,.. ---.-- -,--\ -E-,-'-', ..--- ---: ','-..---- , _-_„.,----• . -. ,...."- \ ,.._ '''''.'k-.-N -• -=\---- In ce t IcE3 S 00:3029 E - /89.59' E 4 / CNI , \,..0089"..1514 1 ft Iwoop • (crrY uhas) 15.21' p4 5/8" I.R.F. R.O.W. MKR. di r °CITY F WYUE N 86-51...TO'E - 1.59' \c}•,/ OD R.O.W. MKR. 1• • N I(ciTY umirs (oisiuRsED) c, (REF eRG.) 1 , / /, -4-1 a: d _ ABST. NO. 716 CITY OF LUCAS —-. ... g .. ABST. NO. 17 i-riiirl- F. 1378. ABST. NO. 561 — f / - UNINCORPORATED 90' R.O.W. POIIVT.W. CONVEYED 1/<, $ (COUNTR'Y CLUB RD.) ' MST. NO. 561 B TO CITY OF WYLIE CO$' ,Y' OF ' UNINCORPORATED t6 (INST, 20090310000093060) N,' I ‘ BEGINNING —-- -- . Z(R.O.W. UNE) 5/8" I.R.F. 0 (R.O.W. UNE) = SYMBOL FOR 1/2" IRON i-(Tw.) 0 ROD SET (WITH YELLOW PLASTIC CAP) MARKED "13HC." CHECKERED FLAG INC. CHECKERED FLAG INC. I INST. 20070601000742230 1 INST. 20070601000742230 I M. L MORRIS SURVEY I TRACT 2 TRACT 1 ABSTRACT NO< 561 I BEARINGS AND DISTANCES CITED IN THIS UNINCORPORATED 1 DANIEL J. HOFER JR. AND FIELD NOTE DESCRIPTION ARE BASED ON BILLY R. & RITA C. WIWAMS WIFE, CAROL A. HOFER THE TEXAS STATE PLANE COORDINATE VOL 2176, PG, 966 VOL 1278, PG. 827 SYSTAI, NAD-83, TIDOS NORTH CENTRAL ZONE 4202 AND FIELD SURVEYS LAST °CONDUCTED ON APRIL 19, 2013. ,-----....... ...,_ 60 ..„., - „. --c -9. r.`k--- //colqs * 0.70 4 oici, :i...............- 120 / ','s' ..--"-E,M---.P"'' , / ,, N,-- ..."31„., 07Y.:ct. 1W11111 'r -(---- N 1''':-"PEss+0%;.'0 f SCALE IN FEET )E--- ,, -46 sUFt".\)..t-.. / i /.1 - / /74,7G6.7,/,/,69,3 ' A FIELD NOTE DESCRIPTION OF EVEN DATE HEREWITH ACCOMPANIES THIS RIGHT-OF-WAY PLAT. CITY OF WYLIE, TEXAS COUNTRY CLUB ROAD (FORMERLY F.M. 1378) RIGHT—OF—WAY PLAT — PARCEL E (PAGE 3 OF 3) BIRKHOFF, HD4ORICKS & CARTER. LLP. Professional Engineers, Taxes Firm F526 11110 inwIlke Ava.Ma ICO Dar.Dal.nolo MO MI-7903 APRIL 2013 .... • • 1 e.,•e•I...••••44de.,... • e .....4...• . .. . 1. . .Resolution 2013-25(R)-Country Club Road Project Page 34 of 65 Determining Public Necessity to Acquire By Purchase Certain Properties 15' 15, I WILLIAM PATTERSON SURVEY PEcostCAN ORCHARD EXIST. 108' R.O.W. JAMES ANDERSON SURVEY ABSTRACT NO. 716 WATER SUPPLY ABSTRACT NO 17 PARKER COUNTRY CLUB LP. 1 CITY OF WYLIE CORP. ESMT. P 48 60 CITY OF LUCAS INST. 20060314000334610 PARKER COUNT ' CLUB LP. 23' R.O.W. ,..„.,to r,En J.C.B.R. HOLDINGS LLC. INST. 20060314000334590 DEDICATION INST. 20110222000191070 i3. EXIST, 15' TO TxDOT '::5 ' (P.O.W. UNE) Ai PECAN ORCHARD 00.2x46.iv (PLAT 1 m z. WATER SUPPLY " CORP. ESIIT. J2.79' PROP. TgdP. g ig N 76-50'05'E COW ESMT. PENDING) (art LIMITS) c- DIST• 30' N 75'5157"WI 11.93' 0.0620 ACRES TxDOT '-WATER ESMT. ' (2,700 so. FT) DISK I it(R.O.W. UNE) w,5 /-5/8' I.R.F. Ab.v" 18' R.O.W. • 721-......., 4=___ b S 88'5130"W - 10.05"---a-,2\'--- ' 1'7 -- ' -IZ-- _-,,---,,,-- -,-77--- 7. TO TxDOT ,_ , ?-• ---' ." —'"'"--- - - -- *- 6•!...:---'. (PLAT PENDING) -"' • S 88'5130"W 14.2f--- Al 00'23'46'W- 189.79 -- ' • 1 PIPE FND. - 89.59 1 PROP.-) \\._ ..T584' ' 011 5/8' LIU. WOOD * R.O.W. MKR. 6 RIGHT- N 8.9".16'14"E--) WOOD R.O.W. MKR. Li: /(crry wash (DisTuRssto cd OF-WAY 1521' CRY OF WYLIE Ca-I C1- 6 c, F L ----- - _ - _ ABST. NO. 716 ......... c. F.M. 1378 \ CITY O UCA.S .. mg. NO, 17 _ 1/4*--W 88'51'30'E - 1.59' )_1 UNINCORPORATEDABSTN1 (COUNTii'Y CLUB RD.) cl. ABS17. NO. 561 a 90' R.O.W. CONVEYED (REF BRC) UNINCORPORATED TO ca-y OF WYLIE 3 (INST. 20090310000093060) i(a-r(miffs __ — . FE(R.O.W. UNE)-i 0 5/8" I.R.F.-7,0 ° POINT OF 1--ft(R.O.W. UNE) (ryp.), BEGINNING . SYNBOL FOR 1/2' IRON CHECKERED FLAG INC. CHECKERED FLAG INC. I 0 ROD SET (WfTH YELLOW INST. 20070601000742230 1 INST. 20070601000742230 I H. L MORRIS SURVEY I PLASTIC CAP) MARKED "BHC." TRACT 2 TRACT 1 ABSTRACT NO. 561 1 BEARINGS AND DISTANCES CITED IN THIS UNINCORPORATED 1 DANIEL J. HOFER JR. AND FIELD NOTE DESCRIPTION ARE BASED ON BILLY R. & RITA C. WILLIAMS WIFE, CAROL A. HOFER THE TEXAS STATE PLANE COORDINATE VOL 2176, PG. 986 VOL 1278, PG. 827 SYSTEM, NAD-83, TEXAS NORTH CENTRAL ZONE 4202 AND FIELD SURVEYS LAST I PAGE 1 OF 1 CONDUCTED ON APRIL 19, 2013. .. _ CITY OF WYLIE, TEXAS - . ...... . COUNTRY CLUB ROAD (FORMERLY F.M. 1378) 0 60 120 TEMPORARY CONSTRUCTION EASEMENT — PARCEL E Im ;mc;mc;••••iim°1 BIRKHOFF. HENDRICKS dc CARTER. LLP. APRIL 2013 SCALE IN FEET Professional Engineer., Texas Firm F528 nos tremolo Am,Soft SOO DA.? 78243 (2t4)381.-7SCO —...-- --•,— ...,......... —..... . .. Resolution 2013-25(R)-Country Club Road Project Page 35 of 65 Determining Public Necessity to Acquire By Purchase Certain Properties Exhibit "7" (following 4 pages) Resolution 2013-25(R)—Country Club Road Project Page 36 of 65 Determining Public Necessity to Acquire By Purchase Certain Properties CITY OF WYLIE, TEXAS COUNTRY CLUB ROAD RIGHT-OF-WAY FIELD NOTE DESCRIPTION ACROSS THE PROPERTY OF SAIMA INVESTMENTS INC. BEING a strip of land for a right-of-way generally 15-feet in width and being over,under and across a called 0.9561 acre tract of land located in the William D.Burnett Survey,Abstract No. 56,Collin County, Texas, conveyed to Saima Investments Inc. by a deed now of record in Clerk's File No. 20081002001177580, of the Deed Records of Collin County,Texas,said strip of land for right-of- way being more particularly described as follows: BEGINNING at a chiseled "X" found at N 7071958.988, E 2560734.181 being the most southeasterly northwest corner of said Saima Investments Inc.tract,said chiseled"X"also being at a corner of the existing west right-of-way line of Country Club Road (formerly FM 1378), being a 120-foot wide right-of-way south of said chiseled "X"and being a 90-foot wide right-of-way north of said chiseled "X", said chiseled"X"also being in an existing 45-foot wide water line easement dedicated to the North Texas Municipal Water District (aka NTMWD), said chiseled "X" bears S 26°30' 54" W, a distance of 79.93 feet from another chiseled "X" found at N 7072030.507, E 2560769.863 being the most easterly northeast corner of a right-of-way corner clip between the east right-of-way line of Country Club Road (90-feet wide)and the south right-of-way line of FM 2514(Parker Road)(100 feet wide); 1. THENCE S 88°43' 18"W,along the west property line of said Saima Investments Inc.tract and the east right-of-way line of Country Club Road, a distance of 12.92 feet to a point for a corner; 2. THENCE N 01' 02' 48" W, continuing along the west property line of said Saima Investments Inc. tract, and the east right-of-way line of Country Club Road, a distance of 22.69 feet to a point for a corner at the most westerly northwest corner of said Saima Investments Inc.tract,said point also being a northwest corner of said 45-foot NTMWD water line easement, said point also being at the most westerly corner of the existing right-of-way corner clip between Country Club Road(90 feet wide)and the south right-of-way line of FM 2514(Parker Road)(100 feet wide); 3. THENCE N 44°44' 56"E,along the northwest property line of said Saima Investments Inc. tract and said corner clip line between the east right-of-way line of Country Club Road and the south right-of-way line of FM 2514 (Parker Road), a distance of 18.25 feet to a new X chiseled in concrete at N 7071994.344,E 2560733.677,being a point for a corner; 4. THENCE S 00°46' 39"E, departing the northwest property line of said Saima Investments Inc. tract, and said right-of-way corner clip line, a distance of 35.36 feet to the POINT OF BEGINNING,containing 0.0087 acres(377 square feet)of land,more or less. 'tlerIcal,veyire2011.166 cowry club road pladditIO wet\rd.a.1p.al_tsaanro doc Page 1 of 3 Resolution 2013-25(R)—Country Club Road Project Page 37 of 65 Determining Public Necessity to Acquire By Purchase Certain Properties City of Wylie Country Club Road Right-of-Way Field Note Description Saima Investments,Inc. Notes: Bearings and distances cited in this field note description are based on the Texas State Plane Coordinate System,NAD-83,Texas North Central Zone 4202,surface coordinates, The most,recent field survey was conducted April 19, 2013. To convert these coordinates to grid coordinates divide by the TxDOT Collin County conversion factor of 1,00015271, A Right-of-Way Plat of even date herewith accompanies this Field Note Description. Prepared By: Gary C.Hendricks,PE.,R.P.L.S. Texas Registration No.5073 - OF Birkhoff Hendricks&Carter,L.L.P, ti,.?•••.:1- TBPLS Firm No. 10031800 11910 Greenville Avenue,Suite 600 Dallas,Texas 75243 5073 Phone 214-361-7900 ..„(> Signed: " Date: /.77 counury clqb row p.id fic13 wica'row rp.ip.du< Page 2 of 3 Resolution 2013-25(R)—Country Club Road Project Page 38 of 65 Determining Public Necessity to Acquire By Purchase Certain Properties rt.(rip) MINA PATTERSON SURVEY I BOBBY W. MITCHELL AND ABSTRACT NO. 716 WIFE, BARBARA MITOHELL CITY OF WYLIE VOL 565. PG 503 JOHN E. MARTIN AND JOHN D. MARTIN __ TxDOT DISK VOL. 5453, PG. 2797 . (R.O.W. UNE) I r, (R.O.W. UNE) 3/4 I.R.F. = SYMBOL FOR 1/2' IRON 0 ROD SET (W1-1 YELLOW 90' R.O.W. CONVEYED PLASTIC CAP) MARKED "BHC.' TO CITY OF WYIJE - (CITY mos 6 cz CITY OF WYUE (INST. 20090310000093060) o F.M. 1378 ABST. NO. 716 ci CITY OF WYLIE -_ ____ _ ABST. NO, 716 - AiST. NO. 56 )_. 8 (COURtRY CLUB RD.Y AliST. NO. 561 TOWN OF ST. PAUL TOWN OF ST. PAUL i pre umirs F.M. 2514 N 01'02'48'W - 2269' (PARKER RD.) N 44'44'56'E - 18.25' $88'43'18*W - 12.92L---...„:ffiz-, ---* -- ,-x• FN,. p 7:1',-.A ._,k, $267054.0, - 79.9,7, ..._ M. L MORRIS SURVEY ABSTRACT NO. 561(REF: 8R0. ROM T, TOWN OF ST. PAUL ...,, LI (R.O.W. UNE) ....,... it POINT OF - 76 39'E --, s 00'4 ,.. - i (Rat uNE> BEGINNING' II WILLIAM D. BURNETT SURVEY V -X5.36' ABSTRACT NO. 56 PROPOSED \,_ q,. 1/2 .' I.R.F--- TOWN OF ST. PAUL RICHT-OF-WAY T FND. .5/8' I.R.F. SAWA INVESTMENTS INC;77,,, .4. .77 00087 ACRRS 0 077 SQ. fr) 5 ' 50' INST. 20081002001177580 0 -TV‘-f •, BEARINGS AND DISTANCES CITED IN THIS V ' R.O.W. DI ' FIELD NOTE DESCRIPTION ARE BASED ON ST, 100 THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD-83, TEXAS NORTH CENTRAL ZONE 4202 AND FIELD SURVEYS LAST ..., - . A FIELD NOTE DESCRIPTION OF EVEN DATE HEREWITH ACCOMPANIES THIS RIGHT-OF-WAY PLAT. CONDUCTED ON APRIL 19, 2013. •-•."'..OF •C CITY OF WYLIE, TEXAS / a GA CLINTON HENDRICKS . COUNTRY CLUB ROAD (FORMERLY F.M. 1378) 0 40 BO IT i - . RIGHT—OF--WAY PLAT — PARCEL F (PAGE 3 OF 3)TTi , ' t- ., • _, ,et....4-f L.---/ —aft ...,osi:5:v.i ...• BIRKHOFF, HENDRICKS & CARTER. LLP. ,- SCALE IN I-ttl -z_ - ....--- ,,,-z- ---,-.-_-_, Za, -- Professional Engineers. Texas Flrrn F526 APRIL 2013 Rare Oninglk Ms.Me NA Dam TWO 91124.1 WO 211-7g00 Resolution 2013-25(R)-Country Club Road Project Page 39 of 65 Determining Public Necessity to Acquire By Purchase Certain Properties it (rip.) WIWAJA PATTERSON SURVEY I BOBBY W. MITCHELL AND ABSTRACT NO. 716 WIFE, BARBARA MITCHELL CITY OF WYLIE VOL 585, PG. 503 JOHN E. MARTIN AND JOHN D. MARTIN -- TxDOT DISK VOL_ 5453, PG. 2797 (P.O.W. LINE) I (Raw. UNE) . -— 3/4- I.R.F.-/ = SYMBOL FOR 1/2 IRON I 0 ROD SET (WITH YELLOW 90' R.O.W. CONVEYED PLASTIC CAP) MARKED IIBHC.- * TO CITY OF WY1JE 1(an'UNITS CITY OF WYLIE (INST. 20090310000093060) eS CITY OF WYLIE c. F.M. 1378 ABST. Na 716 TOWN OF PAUL - _ t ABM-. NO. 56 (COURTRY CLUB RD.Y AB-ST. NO. 561 ST. TOWN OF ST. PAUL 1 E5 i (ary umrrs RIGHT- - 1 FM 2514 N 01'02'48"W - 22.69' OF-WAY (PARKER RD.) S 8,4.5'18"W - 12.92' -N 44'44'56"E' - 18.25' i N 01'1624"W - 46.56=1 .1 . N 444'56'E - 6.51' ' M. L MORRIS SURVEY P S 45'03'28"W - 44.64 ABSTRACT NO. 561 _......„ sawseamtasio7-7....-..r roam- * (REF. BRO. PROM "A"") 5' 88'021"W - 5.00' Di'=- • TOWN OF ST. PAUL • (R.o.w. UNE)it POINT OF , -x• FN . R.(R.O.W. UNE) BEGINNING .."-S 00'4679'E ,0 ,n I WILLIAM D. BURNETT SURVEY 3536' / I ABSTRACT NO. 56 TOWN OF ST. PAUL SOY76'39"E 86.44' "-PROP. raip. FND. 1/2' 1.12,F--- .5/8' I.R.F. SAJIAA INVESTMENTS INV - - 5° 77 CONST. ESMT. 50' 0.0095 ACRES INST. 20081002001177580 1W" . .4:- TP- 4/5 f7:) BEARINGS AND DISTANCES CITED IN THIS ( SQ. V EXIST ' R. FIELD NOTE DESCRIPTION ARE BASED ON _ 10 0W. THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD-83, TEXAS NORTH CENTRAL ZONE 4202 AND FELD SURVEYS LAST PAGE 1 OF 1 CONDUCTED ON APRIL 19, 2013. ,. „ CITY OF WYLIE, TEXAS .......... ..._ 80 COUNTRY CLUB ROAD (FORMERLY F.M. 1378) 0 40 15!!6!! ! TEMPORARY CONSTRUCTION EASEMENT - PARCEL F BIRKHOFF, HENDRICKS Ile CARTER. LLP. SCALE IN FEET Professional Enginers, Texas Firm F526 APRIL 2013 11110 Orsivallho Ave.,SA*400 04144.TOM 76143 (114)/11-19 .. 00 ...... . ... Resolution 2013-25(R)-Country Club Road Project Page 40 of 65 Determining Public Necessity to Acquire By Purchase Certain Properties Exhibit "8" (following 4 pages) Resolution 2013-25(R)—Country Club Road Project Page 41 of 65 Determining Public Necessity to Acquire By Purchase Certain Properties CITY OF WYLIE, TEXAS COUNTRY CLUB ROAD RIGHT-OF-WAY FIELD NOTE DESCRIPTION ACROSS THE PROPERTY OF JAMES L. PRICE II AND WIFE, BETTY J. PRICE BEING a strip of land for a right-of-way being over, under and across a called 1.408 acre tract of land located in the M. L. Morris Survey, Abstract No. 561, Collin County, Texas, conveyed to James L. Price II and Wife, Betty J. Price by a deed recorded in Volume 4285, Page 1967, of the Deed Records of Collin County, Texas, said strip of land for right-of-way being more particularly described as follows: BEGINNING at a point being the northwest corner of said James L.Price II and Wife,Betty J.Price tract at N 7072562,1150, E 2560711.5810, said point also being in the east right-of-way line of Country Club Road (formerly FM 1378), (90 feet wide), said point also being at the southwest corner of a called 2.000 acre tract of land conveyed to Checkered Flag Inc. by a deed recorded in Clerk's File No. 20070601000742230(Tract 2),of the Deed Records of Collin County,Texas, said point also being in the west line of an existing 30-foot wide water line easement dedicated to the North Texas Municipal Water District (aka. NTMWD), said point bearing N 89° 16' 29" W, a distance of 0.30 feet from a 1/2-inch iron rod found at N 7072562.104, E.2560712.483 in the north property line of said James L. Price II and Wife, Betty J. Price tract,said iron rod also being in the south line of said Checkered Flag Inc. (Tract 2) tract, said point also bearing N 88° 51' 00" E, a distance of 90.52 feet from a 5/8-inch iron rod found near the west right-of-way line of Country Club Road(formerly FM 1378),(90 feet wide),being near the northeast corner of a 1.002 acre tract of land located in the William Patterson Survey, Abstract No. 716,Collin County,Texas,conveyed to Parker Country Club L.P. by a deed recorded in Instnunent 20060314000334600, of the Deed Records of Collin County,Texas; 1. THENCE S 89° 16'29"E,along the north property line of said James L. Price II and Wife, Betty J. Price tract and the south property line of said Checkered Flag Inc. (Tract 2) tract, a distance of 11.01 feet to a 1/2-inch iron rod with yellow cap marked "BHC" set at N 707561.968,E 2560723.194,being a point for a corner; 2. THENCE S 00° 23' 46" E, departing the north property line of said James L. Price II and Wife, Betty J. Price tract and the south property line of said Checkered Flag Inc. (Tract 2)tract, along the new east right-of-way line of Country Club Road,a distance of 33.12 feet to a 1/2-inch iron rod with yellow cap marked "BBC" set at N 7072528.846, E 2560723.423, being a point for a corner; 3. THENCE S 00°46' 39"E,continuing along the new east right-of-way line of Country Club Road, a distance of 127.24 feet to a 1/2-inch iron rod with yellow cap marked "WIC" set at N 7072401.617, E 2560725.150, being a point for corner, in the south property line of said James L. Price 11 and Wife,Betty J. Price tract,said point also being in existing city limit line of the Town of St. Paul, said point also being in the north property line of a called 1.500 acre tract of land conveyed to Denton/North Texas S.D.I. Portfolio LL.C, by a deed recorded in Clerk's kicncat..14262041-106.uniry TIO road pkdield nooes.4.0papc,1_,pnrc clac Page I of 3 Resolution 2013-25(R)—Country Club Road Project Page 42 of 65 Determining Public Necessity to Acquire By Purchase Certain Properties City of Wylie,Texas Country Club Road Right-of-Way Field Note Description James L.Price II,and Wife Betty J.Price File No.20070314000345350,of the Deed Records of Collin County,Texas,said Denton/North Texas S.D.I. Portfolio L.L.C.tract also being platted as Block A, Lot 1 of the Parker Road Sonic Addition, an addition to the Town of St. Paul recorded in Cabinet P, Slide 182 of the Plat Records off Collin County, Texas, said point also being in the north line of a 15-foot wide strip of right-of-way for FM 1378 dedicated by said plat,said point also bearing N 86° 16' 29"W, a distance of 4.29 feet from a 1/2-inch iron rod found at N 7072401.562, E 2560729.438 in the south property line of said James L.Price II and Wife,Betty J. Price tract and in the north line of said Parker Road Sonic Addition,Block A,Lot 1 tract; 4. THENCE N 89° 16' 29"W,along the south property line of said James L.Price Il and Wife, Betty J. Price tract and the north property line of said Parker Road Sonic Addition,Block A,Lot I tract,a distance of 11.54 feet to a point for a corner at the southwest corner of said James L. Price 11 and Wife, Betty J. Price tract and the northwest corner of said 15-foot strip of land dedicated for right-of-way to FM 1378 by said Parker Road Sonic Addition Plat, ':lock A,Lot 1 tract,said point also being in the east right-of-way line of Country Club Road; 5. THENCE N 00°43'00"W,along the west property line of said James L.Price Il and Wife, Betty J.Price tract and the east right-of-way line of Country Club Road(FM 1378)and the west line of said 30-foot NTMWD water line easement, a distance of 160.35 feet to the POINT OF BEGINNING, said strip of land for a right-of-way containing 0.0412 acres(1,794 square feet), more or less. Notes: Bearings and distances cited in this field note description are based on the Texas State Plane Coordinate System,NAD-83,Texas North Central Zone 4202,surface coordinates. The most recent field survey wasP conducted April 19,2013. To convert these coordinates to grid coordinates divide by the TxDOT Collin County conversion factor of 1.00015271. A Right-of-Way Plat of even date herewith accompanies this Field Note Description. Prepared By: Gary C.Hendricks,P.E.,R.P.L.S. Texas Registration No.5073 OF 7 Birkhoff,Hendricks&Carter,L.L.P. TBPLS Firm No. 10031800 • rctliti*i)ii.ciFii is icKs. 11910 Greenville Avenue,Suite 600 -...,............--;•••• Dallas,Texas 75243 Phone 214-361-7900 St7PN -' Signed: ,',•-- Date: ,,K.1,wylue‘201 I IO,mrivry club rogi pad field noteOronkparcel_g_prca do, Page 2 of 3 Resolution 2013-25(R)-Country Club Road Project Page 43 of 65 Determining Public Necessity to Acquire By Purchase Certain Properties s WILLIAM PATTERSON SURVEY = SYMBOL FOR 1/2' IRON T.(Th?.) ABSTRACT NO. 716 0 ROD SET (WITH YELLOW CITY OF WYUE PLASTIC CAP) MARKED "BHC." PARKER COUNTRY CLUB LA PARKER COUNTRY CLUB LP. INST. 20060314000334600 PARKER COUNTRY CLUB L.P. INST. 20060314000334580 INST. 20060314000334610 EXIST. 15' PECAN ORCHARD r-i-i r-r..1 WATER SUPPLY CORP. ESMT, I I EXIST. 15' PECAN ORCHARD WATER SUPPLY CORP. ESMT. EXIST. 30' WOOD -P.-, .T.M.W.D. -EXIST. 30-' 0 R.Q.W. 141KFir-) -c, WATER ESMT. N 88151'00"E - 2052'(REF. BRG.)o ,5/13'' I.R.F. (01SIIIRIBED) i n .T.M.W.D. WATER ESAIT PONT OF /.(CITY UNITS (R.O.W. UNE) • )-1 c4c3 - - \----1/2. I.R.F. B'EGINNING ,1 i(an,UNITS (R.o.w, UNE) i 1 CITY OF WYUE CITY OF WYUE MST F — NO. 716 AEST. Na 716 .M. 1378 7Bir. No. 561 - -----8 - , 1, ABST. NO. 561 _ TOWN OF ST. PAUL I 90' Raw. CONVEYED I UNINCORPORATED (COUNTRY CLUB-R(7)) IIN' n TO CITY OF WYLIE ' (INST. 20090310000093060) -CITY UNITS UNE N 89'1529 0' - 0...YO' 5/8 I.R.F. - N 00:5029-PI - 16a35' (REF BRG.) rl.(R 0.W. UNE) '' . 1 7;2 N 89'1629"W - 11.54 -1 7:------'-----V. 1-S------7,:- ----:.--- ---;<'Yj'----=', „:.---, _---: i..-:-,:" 1 2 I.R.F. ///.. — 5/8. I.R.F7------- "-- S 0046:79.E "'''''-1/4--1 ----S 8216'29'E"R t(TYP.) _1272f' 11.01' N 8916'29"W - 4.29 7--- PROP. 0023 46 I RIGhTF-OES-WAY L —S ' ' DEDICATION (REF: NG) EXIST. 30' (BY PLAT) 0.0412 ACR N.T.M.W,D. g 5 TOWN OF ST. PAUL (1,794 so. PT.) M.12' WATER ESMT. PARKER ROAD SONIC ADDN. It(CITY UNITS I I CABINET P, SLIDE 182 N. L MOR .R.. RIS SURVEY I I a 5- BLOCK A LOT 1 L... I ABSTRACT NO. 561 DENTON/NORTH TEXAS S.D.I. PORTFDUO LLC. 0 „, UNINCORPORATED T e iR 5' & f5 INST. 20070314000345350 9- 8 JAMES L PRICE II BEARINGS AND DISTANCES CITED IN THIS a CHECKERED FLAG INC. C.) 1.61 FIELD NOTE DESCRIPTION ARE BASED ON It.(ADDIDON LIN E AND WIFE, BETTY J. PRICE INST. 20070601000742230 (.5 NE TEXAS STATE PLANE COORDINATE I VOL 4285, PC, 1967 TRACT 2 SYSTEM, NAD-83, TEXAS NORTH CENTRAL ZONE 4202 AND FIELD SURVEYS LAST A FIELD NOTE DESCRIPTION OF EVEN DATE HEREWITh ACCOMPANIES THIS RIGHT-OF-WAY PLAT. CONDUCTED ON APRIL 19, 2013. -. OF T'T,- \ CITY OF WYLIE, TEXAS _.„......,,_ ''..:15)4. / . 6ARY E:... -i'iiiiCW$. COUNTRY CLUB ROAD (FORMERLY F.M. 1378) 0 60 120 ).'' I,' '''' 2 ' „,,...4 .,,-\'% ,:¢-v RIGHT—OF—WAY PLAT — PARCEL G (PAGE 3 OF 3) 11111 11111 ME ..,--../— 1 ....0:siTR .., BIRKHOFT„ HENDRICKS St CARTER, LLP. SCALE IN FEET -- elq7/76 / -/Ze,_5 ' ' ' Professional Engineers. Texas Finn F526 iiino seems.Am.1itts 103 Dam,TOM 74243 (214)361-1100 APRIL 2013 Resolution 2013-25(R)-Country Club Road Project Page 44 of 65 Determining Public Necessity to Acquire By Purchase Certain Properties WIUJAM PATTERSON SURVEY = SYMBOL FOR 1/2' IRON , t(rr?.) ABSTRACT NO. 716 0 ROD SET (WITH YELLOW CITY OF WYIJE PLASTIC CAP) MARKED 'BHC." PARKER COUNTRY CLUB LP. PARKER COUNTRY CLUB LP.INST. 2006031400,0334600 PARKER COUNTRY CLUB LP. INST. 20060314000334580 INST. 2006031 4000334610 EXIST. 15' PECAN ORCHARD WATER SUPPLY CORP. Big. I EXIST. 15' PECAN ORCHARD WATER SUPPLY CORP, ESKT. ,r) . - I — . 0----`t EXIST. 30' WOOD I Exist 30,(R.O.W. UNE)-- ,F, LN.T.M.W.D. 0 ° WATER ESMT. /2' LR.F. 7-5/8' I.R.F, .0.W. MKR. "R ..ilosiz_ (DISTURBED) WATER ESMT. POINT OF 90' R.O.W. CONVEYED TO CflY OF WYUE BEGINNING i(CITY UMITS It(R.O.W. UNE) CITY OF WYUE 2: oNst 20020310000093000) CITY OF WYLJE ABST NO 716 MST. NC. 716 CITY LIMITS UNE-) b - ASST. NO. 561 k---i ASST.. NO'. 561 F.M. 1378 _ °' TOWN OF ST, PAUL i(CITY UMITS)-i UNINCORPORATED (COUNTRY CLUB RD.) tS 5/8 I.R.F N 8976'2F 9*BR IV -.) 4.29' % S 007.346"E - 33.12' v 1/2 I.R.F. it(R.O.W. LINE) " . (REG " -- -/- ,-) 15' R.O.W. -2C<IST• 3°' ...— ., N 004639 W - 127.24 -.-7--.5, 897629•E _ 10,71. • ------ 4.,.,411-k, .-2.,-;1,te.,:5 ii,A,..n,,-4.:!57,-..,:.=j,,,,,,4%,,...„..,..,.,:,,,, 5/8 1.7. .-.-- t ,..,---',,,,, - -.....;... -,,... ..- "--,i0.1)....14.y• -S 00.46139"E '' ' (REF: 8RG.) ——= (TYP.) DEDICATION N.T.M.W.D. N 0,16'29"W 12279' S 89 1529 E - 33,79' , . (BY PLAT) WATER ESMT. /3.00' TOWN OF ST. PAUL PROP S 89'13'21'If' - 21.00'-` I g,9 PARKER ROAD SONIC ADDN. RIGHT- I \--1--S 00.46391 E- 3703' CABINET P, SLIDE 152 OF-WAY 2 PROF. TEMP. CONST. ESM1:-/ I 9 BLOCK A, LOT 1 ,..L.- 0.0658 ACRES gems SQ. Pr.) M. L MORRIS SURVEY DENTON/NOM TEAS S.D.I. PORTFOUO LLC. -0."'c ABSTRACT NO. 561 INST. 20070314000345350 F 8 JAMES L PRICE II UNINCORPORATED 8 e..1 2 BEARINGS AND DISTANCES CITED IN THIS CHECKERED FLAG INC. w FIELD NOTE DESCRIPTION ARE BASED ON t(env umirs)—.........S AND WIFE, BETTY J. PRICE INST. 20070601000742230 5 m THE TEXAS STATE PLANE COORDINATE VOL 4285, PG. 1967 TRACT 2 SYSTEM, NAD-53, TEXAS NORTH CENTRAL ZONE 4202 AND FIELD SURVEYS LAST I PAGE 1 OF 1 CONDUCTED ON APRIL 19, 2013. CITY OF WYLIE, TEXAS 0 60 120 COUNTRY CLUB ROAD (FORMERLY F.M. 1378) IWIlmillmil, TEMPORARY CONSTRUCTION EASEMENT - PARCEL G BIRKHOFF, HENDRICKS at CARTER. LLP. SCALE TN FEET Professionol Engineers. Texas Finn F526 nom oxmes A .se.10:i Dam tom 7som MO MI-7900 APRIL 2013 Resolution 2013-25(R)-Country Club Road Project Page 45 of 65 Determining Public Necessity to Acquire By Purchase Certain Properties Exhibit "9" (following 3 pages) Resolution 2013-25(R)—Country Club Road Project Page 46 of 65 Determining Public Necessity to Acquire By Purchase Certain Properties CITY OF WYLIE, TEXAS COUNTRY CLUB ROAD RIGHT-OF-WAY FIELD NOTE DESCRIPTION ACROSS THE PROPERTY OF CHECKERED FLAG INC. BEING a strip of land for a right-of-way and being over,wider and across a called 2.000 acre tract of land(Tract 2)and a called 2.000 acre tract of land(Tract 1), located in the 1v1.L.Morris Survey, Abstract No. 561,Collin County, Texas,conveyed to Checkered Flag Inc. by a deed now of record in Clerk's File No.20070601000742230,of the Deed Records of Collin County,Texas,said strip of land for right-of-way being more particularly described as follows: BEGINNING at a point being the southwest corner of said Checkered Flag Inc. Tract 2 at N 7072562.107, E 2560712,185, said point also being in the east right-of-way line of Country Club Road(formerly FM 1378) (90 feet wide), said point also being at the northwest corner of a called 1.408 acre tract of land conveyed to James L. Price II and Wife, Betty J. Price by a deed now of record in Volume 4285, Page 1967, of the Deed Records of Collin County,Texas, said point also being in the west line of a 30-foot wide water line easement dedicated to the North Texas Municipal Water District(NTMWD),said point also bearing N 86° 16' 29" W,a distance of 0.30 feet from a 1/2-inch iron rod found at N 7072562.1036,E 2560712.4832 being in the south property line of said Checkered Flag Inc. Tract 2 and in the north property line of said James L. Price II and Wife, Betty J.Price tract; I. THENCE N 00°30' 29"W,along the west property lines of said Checkered Flag Inc. Tract 2 and Tract 1 and the east right-of-way line of Country Club Road(FM 1378),and the west line of said 30-foot NTMWD water line easement, a distance of 320.01 feet to a point for a corner; said point being the northwest corner of said Checkered Flag Inc. Tract 1 tract, said point also being the southwest corner of a called 1.000 acre tract of land conveyed to Billy R. and Rita C. Williams by a deed now of record in Volume 2176, Page 986, of the Deed Records of Collin County, Texas, said point also bearing N 86° 16' 29"W,a distance of 0.50 feet from a 5/8-inch iron rod found at N 7072882.0964,E 2560709.8456 in the north property line of said Checkered Flag Inc.Tract 1 and in the south property line of said Billy R.and Rita C.Williams tract; 2. THENCE S 89° 16' 29"E,along the north property line of said Checkered Flag Inc.Tract 1, and the south property line od said Billy R. and Rita C. Williams tract,a distance of 11.64 feet to a point for a corner; 3. THENCE S 00° 23' 46" E, a distance of 320.00 feet to a point for a corner in the south property line of said Checkered Flag Inc.Tract 2,said point also being in the north property line of said James L.Price II and Wife,Betty J.Price tract; ;klencallwilic2OT 1./06 country club rund p&chfield not&err.ApaKet,ILA.kared_Ilag docx Page I of 3 Resolution 2013-25(R)—Country Club Road Project Page 47 of 65 Determining Public Necessity to Acquire By Purchase Certain Properties City of Wylie,Texas Country Club Road Right-of-Way Field Note Description Checkered Flag,Inc, 4. THENCE N 89° 16' 29" W,along the south property line of said Checkered Flag Inc. Tract 2 and the north property line of said James L.Price II and Wife,Betty J.Price tract,a distance of 11,01 feet to the POINT OF BEGINNING,said strip of land for right-of-way containing 0.0832 acres(3,623 square feet),more or less in the M.L.Morris Survey,Abstract No.561. Bearings and distances cited in this field note description are based on, the Texas State Plane Coordinate System,NAD-83,Texas North Central Zone 4202,surface coordinates. The most recent field survey was conducted April 19,2013. To convert these coordinates to grid coordinates divide by the TxDOT Coffin County conversion factor of 1.00015271. A Right-of-Way Plat of even date herewith accompanies this Field Note Description. Prepared By: Gary C,Hendricks,P.E.,R.P.L.S, Signed: Texas Registration No.5073 Birkhoff,Hendricks&Carter,L.L.P. TBPI,S Funi No. 10031800 D te: /t 11910 Greenville Avenue,Suite 600 . • " • OF " Dallas,Texas 75243 /0s Phone 214-361-7900 GUT O73 11,< O& OO ' kienceburyb2201 I-lab counlry club road p&thfield uolcslaoaApbrecl_b,check cuul_fbis duo< Page 2 of 3 Resolution 2013-25(R)—Country Club Road Project Page 48 of 65 Determining Public Necessity to Acquire By Purchase Certain Properties t(Ti?) I WILLIAM PATTERSON SURVEY .. SYMBOL FOR 1/2 IRON ABSTRACT NO. 716 0 ROD SET (WITH YELLOW CITY OF WYIJE PLASTIC CAP) MARKED 131-1C,' PARKER COUNTRY CLUB LP. It PARKER COUNTRY CLUB L.P. INST. 20060314000334610 PAO COUNTRY CLUB LP. INST. 20060314000334600 INST. 20060314000334590 EXIST. 15' PECAN ORCHARD Ef 1-WATER SUPPLY CORP. ESKIT. I EXIST. 15' PECAN ORCHARD I WATIDR SUPPLY CORP. NT. ___ ES 7;-1.----- t- -in .-- _____________---______ -- '--Ej( _.... 1ST. 30' _ WOOD (RAK UNE) 0 0 WATER ESMT. /-5/8- I.R.F. i(DISTURBED) I PIPE FND- N.T.M.W.D. R o ' --._. WATER asyr. _, N 88'51'22'E - 9a82'(REF: 8R0 ) i — / 90' R.O.W. CONVEYED it (RAW. UNE)-' , no,1;-/ , POIIVT Or , , i ow umn ( TO CRY OF WYUE 20090310 BEGINNING i CITY OF WfLIE (INST 000093060) d NKR. i ABST. NO. 716 (IN q F.M. 1378 c2 -- i _ _ , i ABST. NO. 561 COUNTRY CLUB RD.) N 891629*W - 050 I UNINCORPORATED CITY i LIMRS---1 N 89'16'29"W - 0.JON rt (R.O.W. UNE) (8Er. 8Ra) 6 LINE 1 (REF. SR0) N 00'..T0'29-;V - 320.01' if-it(R.O.W. LINE) 5/8' IA17- Ft (CITY UNITS) 0inc `-.,_-- _-: !„7.-,-,-.).4.,...'"--,...15,,,A..--,--?I ? .. , --'--17., '- _ , ,., -5/8' 1RF------ - • in. 1/2- I.R.F. R,,,,m, S 00'2346 E - J20.00' J o g P N 891629"ifi [ 11.01' a ST. 30' N.T.M.W.D. S 89'1629'E — • g WATER ESMT. RI9Pb08JR/C287A-CoRPEN-WAr 1 11.64' .)MP 8 0 I M. L MORRIS SURVEY I g ; JAIAES L PRICE II ABSTRACT NO. 561 AND WIFE, BETTY J. PRICE UNINCORPORATED VOL 4285, PG. 1967 BEARINGS CHECKERED FLAG INC. CHECKERED FLAG INC. BILLY R. & AND DISTANCES CITED IN THIS FIELD NOTE DESCRIPTION ARE BASED ON INST. 20070601000742230 INST. 20070601000742230 RITA C. WIWAMS THE TEXAS STATE PLANE COORDINATE TRACT 2 TRACT 1 . VOL 2176, PG. 986 SYSTEM, NA0-83, TES NORTH CENTRAL ZONE 4202 AND FIELD SURVEYS LAST ..", - ,..,.... A FIELD NOTE OBORIP110N OF E1D4 DATE HEREWITH ACCOMPANIES THIS RICHT-OF-WAY PLAT. CONDUCTED ON APRIL 19, 2013. •-• O F r -, ,.c.......,...,...... CITY OF WYLIE, TEXAS 1 i .GARY 0 CLINTCN liENDRICKS,, COUNTRY CLUB ROAD (FORMERLY F.M. 1378)60 = , . ...........................,.....ir 120 1// / ,....--• ......0 5073 ,.../ Z!,14 r (1':.9P- 6%,31:'.0.i'.r RIGHT-OF-WAY PLAT - PARCEL H (PAGE 3 OF 3) Illi4111.11 r/ 1 - , `.4/.0..., ,... ..'k . ' . . .... SuRNJ ..,.. BIRKHOFF, HENDRICKS de CARTER LLP. -... , ._..- APRIL 2013 SCALE IN FEET -4 ../friz: .. - Professional Engineers, Texas Firm F52ti 11$10 Orunles O.%fill•003 Ms.T .I.70343 (214)301-7103 /..._ . . .. .....__ ..__._ . Resolution 2013-25(R)-Country Club Road Project Page 49 of 65 Determining Public Necessity to Acquire By Purchase Certain Properties Exhibit "10" (following 3 pages) Resolution 2013-25(R)—Country Club Road Project Page 50 of 65 Determining Public Necessity to Acquire By Purchase Certain Properties CITY OF WYLIE, LEXAS COUNTRY CLUB ROAD PERMANENT DRAINAGE EASEMENT FIELD NOTE DESCRIPTION CHECKERED FLAG INC. (JNSTRUiVEENT 20070601000742230) BEING a strip of land for a permanent drainage easement 23-feet in width and being over, under and across a called 2.000 acre tract of land(Tract 2)and a called 2.000 acre tract of land(Tract 1), located in the M,L.Morris Survey,Abstract No.561,Collin County,Texas,conveyed to Checkered Flag inc. by a deed now of record in Clerk's File No.20070601000742230,of the Deed Records of Collin County,Texas,said strip of land being more particularly described as follows: BEGINNING at a point being the northwest corner of said permanent drainage easement and being in the new east right-of-way line of Country Club Road (formerly FM 1378) at N 7072871.878, E 2560721.053, said point bears S 47°38'30"E a distance of 15.17 feet from a 5/8-inch iron rod found at N 7072882.096, E 2560709.846 being on the existing east right-of-way line of Country Club Road; 1. THENCE S 00°23' 46"E,along the new east right-of-way line of said Country Club Road, a distance of 97.00 feet to a point for corner, said point also bearing N 02° 29' 11" E, a distance of 212.98 feet from a 1/2-inch iron rod found at N 7072562.104, E 2560712.483 being on the existing east right-of-way line of Country Club Road; 2. THENCE N 89°36' 14"E,a distance of 23.00 feet to a point for corner; 3. THENCE N 00°23'46"W,a distance of 97.00 feet to a point for corner; 4. THENCE S 89° 36' 14" W, a distance of 23.00 feet to the POINT OF BEGINNING, said snip of land for permanent drainage easement containing 0.0512 acres (2,231 square feet), more or less. Bearings and distances cited in this field note description are based on the Texas State Plane Coordinate System,NAD-83,Texas North Central Zone 4202,surface coordinates. The most recent field survey was conducted April 19,2013. To convert these coordinates to grid coordinates divide by the TxDOT Collin County conversion factor of 1.00015271. A Permanent Drainage Easement Plat of even date herewith accompanies this Field Note Description. / OF Prepared By: , Gary C.Hendricks,P.E.,R.P.L.S. Signed: 41\0 Texas Registration No. 5073 ?Po,WIMP/HEllii14.i Birkhoff,Hendricks&Carter,L.L.P. k. 5073 TBPLS Firm No. 10031800 Date: -#1- 11910 Greenville Avenue, Suite 600 7UR, or-- Dallas,Texas 75243 Phone 214-361-7900 klancallwykr,291 I Mb caputiry club road pa ef•Eeld meal-maw cmpOpucelAcheakeml.11ag-dmoi apoo Page I of 2 Resolution 2013-25(R)—Country Club Road Project Page 51 of 65 Determining Public Necessity to Acquire By Purchase Certain Properties (TYP.) WILLIAM PATTERSON SURVEY ... SYMBOL FOR 1/2" IRON ft. ABSTRACT NO. 716 0 ROD SET (WITH YELLOW CIIY OF WYUE PLASTIC CAP) MARKED '911C.," PARKER COUNTRY CLUB LP. PARKER COUNTRY CLUB LP. I fist. 20060314000334610 PARKER COUNTRY CLUB LP. INST. 20060314000334600 INST. 20080314000334580 COST. 15 PECAN ORCHARD r .-1 i j- WATO SUPPLY CORP. ESI,IT. I EXIST. 15' PECAN ORCHARD — — W. I WATER SUPPLY CORP, ES1.4T. le) ---____--_____-------_-- EXIST. 3Ee ' WOOD — --- g 0 R.O.W. NKR, i (DISTURBED) 1• pipE END-7-, EXIST. 30:„." i ---7 WATER ESMT. '' je-5/8" I.R.F. .. . .D. i.9,, 0 1',... — t i Z(RAW. UN %MT?UMI TS)—N. 90' R.O.W.RAW. CONVEYED WOODj EXIST. 30' TO CITY OF WYLIE Ryiv-r of arr OF WYLE N.T.M.W,D. (INST. 20080310000093060) NKR. ABST. NO, 716 ' WATER ESMT:-.‘ F.M. 1378 BEGINNING\ _ .,, ASST. NO. 561 . . . (CN 'YCIR . _____ CITY uNiNcowoRATED in 1R OUTR RB D) --- S 47'38'30'E - 15.17' UNITS---1 ES. PROP RIGHT-OF-WAY(7312.)- (REF 8R0) i .1 5/8"I.R.F..„, ,_..... ..._.,..._. 5/8' I.R.F. .(CITY UNITS) -P)111, '-. . jAmEs L PRICE II °—__ . Ft.(RAW. LINE) eV __ T. AND WIFE, BEnyN 02:29p:IcEl'E- 21298' I VOL 4285, PG, 1967(''REF: BRC)1 S 002346'E - 9.7.00 . - .-, - -,--'" Itirliski - - - - - - o - , ("**LINE)_ ck. N 897674'E - 2300' .'t .„, M. L MORRIS SURVEY ABSTRACT NO. 561 UNINCORPORATED N 0073'46" 89'36'14' 9.7.00' 1 I PROP 23'ORAINAGE EMIT- -4 I 1 00512 ACRES (2231 sa FT) 23.00' [-Ft CRP.) BEARINGS AND DISTANCES CITED IN THIS CHECKERED FUW INC. 44 CHECKERED FLAG INC. BILLY R. & FIELD NOTE DESCRIPTION ARE BASED ON INST. 20070601000742230 INST. 20070601000742230 RITA C. WILLIAMS THE TEAS STATE PLANE COORDINATE TRACT 2 TRACT 1 . VOL 2176, PG. 986 SYSTEM, NAD—83. TEXAS NORTH CENTRAL ZONE 4202 AND FIELD SURVEYS LAST ..," . v. PAGE 2 OF 2 CONDUCTED ON APRIL 19, 2013. -,-"'s,0 P A 'e.4:i:::1:9;*A CITY OF WYLIE* TEXAS _ ......._ co/1' ..41!-- 0"...0 4. A z .-4. ...,..k . c1:17i66 ilEN3iii'6Ks. COUNTRY CLUB ROAD (FORMERLY F.M. 1378) 0 60 120 .... 5073 -.....i 1'''...`,N) 0‘.. ..'4""''' PERMANENT DRAINAGE EASEMENT - PARCEL H liriwiluilmomil __ - •-• .?,,...,..A0 , > .. BIRKHOFF. HENDRICKS & CARTER. LLP. APRIL 2013 SCALE IN FEU 042--/ -6./Z-LI/: ' ' - protessionci Engineer*, Texas Firm Fsze tuna Gnome.Am,.Oft SOO DaVeL Toms 7620 (214)Sti..7110b aa,ea • t 1,..o.I.....“.....1.. s . ...... a—. — 1.0.4.m. . .. Resolution 2013-25(R)-Country Club Road Project Page 52 of 65 Determining Public Necessity to Acquire By Purchase Certain Properties FE(MI W1LUAJA PATTERSON SURVEY ABSTRACT NO. 716 CITY OF WYUE PARKER COUNTRY CLUB LP. - SYMBOL FOR 1/2" IRON 0 ROD SET (WITH YELLOW PLASTIC CAP) MARKED *EIHC." PARKER COUNTRY CLUB LP. PARKER COUNTRY CLUB LP. I INST. 20060314000334610 INST. 20060314000334600 INST. 20060314000334590 COST. 15 PECAN ORCHARD rr'-'1 I WATER SUPPLY CORP. ESMT. I EXIST. 15* PECAN ORCHARD 9 _____ M > 1 WATER SUPPLY CORP. ESMT, . - tn CR.O.W. UNE) . DIST. 30 WOOD N.T.MAD7-----Wi 0 0 WATER ESMT. _/-5/8' LR.F. zr(DISTU,......................RBED) i• PIPE FND wANTE-TiiMMEst-: R i Z(RAW, UNE / (CITY LIMITS)-, EXIST. 30 90' R.O.W. CONVEYED WOOD R.O.W. AIKR -/ ' TO CRY OF WYUE cnY OF WYLIE N.T.M.W.D. eZ (INST, 20090310000093060) S 8916'29' ABST. Na 716_ WATER ESMT. _ c. F.U. 1378 PROP. 23' (REF. BRO.) -----R---- I ABST. NO. 561 UNINCORPORATED 1/2 Cm' (COUNTRY CLUB RD.) DRIINAGTE isAlz--, N 00'2346. I " I.R. . unirrs--1 6 HOP RIGHT-OF-WAY(1YP) 70,08" POINT OF UNE 1 S 897629.E - ta7.1' . i (RiT, Bli)O.,) L .....„ N 8913674.E- 23.00' S ;93614.W 5/8. I.R.F7 BEGINNINO 2100' prysumr:9:62,9,w _ /3:0, .;17.1 N 00'2546 IV - 212.92 yr - it:Igo/2. rap. caw: ,esie ,.,-- :289t:-:,46:: *:;:::7::ff--I,siz-.-n-t.,4L- ,;t-ive N 00.25,46, — =,.. (R.O.W. UNE) 0 .g. 0.1170 ACRES (5098 SO. FT.) i i g-- JAMES L PRICE II t AND 'AWE, BETTY J. PRICE VOL 4285, PG. 1967 131.W '— M. L. MORRIS SURVEY ABSTRACT NO. 561 UNINCORPORATED --t" (R.O.W. UNE) ------- c ''I '-'-**---T'''"•'''''I' • (.5:93;1.6:219:E I S 00'23'46.E I 129.89' S 897674.if - 550' 002346.E - 5865' CHECKERED FLAG INC. CHECKERED FLAG INC. I [-it BILLY R. & BEARINGS AND DISTANCES CITED IN THIS FIELD NOTE DESCRIPTION ARE BASED ON INST. 20070601000742230 INST. 20070601000742230 RITA C. WILLIAMS THE TEXAS STATE PLANE COORDINATE TRACT 2 TRACT 1 , VOL 2176, PG. 986 SYSTEM, NAD-83, TEXAS NORTH CENTRAL ZONE 4202 AND FIELD SURVEYS LAST PAGE I OF 1 CONDUCTED ON APRIL 19, 2013. _ 2 CITY OF WYLIE TEXAS 0 60 120 COUNTRY CLUB ROAD (FORMERLY F.M. 1378) Ell MEMI TEMPORARY CONSTRUCTION EASEMENT - PARCEL H MI =I I= IIINI BIRKHOFF„ HENDRICKS fle CARTER, LLP. SCALE IN FEET Professional Engineers. Texas Firm FS28 APRIL 2013 Title 2/144414124 444.244 002 oaks tom 10243 (214)312-7202 Resolution 2013-25(R)-Country Club Road Project Page 53 of 65 Determining Public Necessity to Acquire By Purchase Certain Properties Exhibit "11" (following 4 pages) Resolution 2013-25(R)—Country Club Road Project Page 54 of 65 Determining Public Necessity to Acquire By Purchase Certain Properties CITY OF WYLIE, TEXAS COUNTRY CLUB ROAD RIGHT-OF-WAY FIELD NOTE DESCRIPTION ACROSS THE PROPERTY OF BILLY R. AND RITA C. WILLIAMS BEING a strip of land for a right-of-way and being over, under and across a called 1.000 acre tract of land located in the M. L. Morris Survey, Abstract No. 561, Collin County, Texas, conveyed to Billy R. and Rita C. Williams by a deed recorded in Volume 2176,Page 986,of the Deed Records of Collin County, Texas, said strip of land for right-of-way being more particularly described as follows: BEGINNING at a point being the southwest corner of said Billy R.and Rita C. Williams tract at N 7072882.103, E 2560709.348, said point also being in the east right-of-way line of Country Club Road (formerly FM 1378)(90 feet wide), said point also being at the northwest corner of a called 2.000 acre tract of land (Tract 1) conveyed to Checkered Flag Inc. by a deed now of record in Clerk's File No. 20070601000742230(Tract I),of the Deed Records of Collin County, Texas,said point also being in the west line of a 30-foot water line easement dedicated to the North Texas Municipal Water District (NTMWD), said point bearing N 86° 16' 29" W,a distance of 0.50 feet from a 5/8-inch iron rod found at N 7072882.0964, E 2560709.8456 in the south property line of said Billy R. and Rita C. Williams tract and being north property line of said Checkered Flag Inc.. Tract 1,said point also bearing S 49°49' 20"E,a distance of 118.69 feet from a wood right-of-way marker in the William Patterson Survey, Abstract No. 716,Collin County, Texas, said wood right- of-way marker being at N 7072958.6754,E 2560618.6651 and being in the west right-of-way line of Country Club Road (FM 1378), said wood right-of-way marker also being at the most easterly northeast corner of a called 1.137 acre tract of land conveyed to Parker Country Club L.P.by a deed now of record in Clerk's File No. 20060314000334590 of the Deed Records of Collin County, Texas; 1. THENCE N 00° 30' 29" W, along the west property line of said Billy R. and Rita C. Williams tract and the east right-of-way line of said Country Club Road(FM 1378)and the west line of said 30-foot NTMWD water line easement, a distance of 77.20 feet to a point for a corner, said point being at the end of the right-of-way dedicated to the City of Wylie by Texas Transportation commission Minute Order 111608; 2. THENCE N 89°36' 14"E,distance of 11.78 feet to a point for a corner; 3. THENCE S 00°23'46"E,a distance of 77.43 feet to a point for a corner,said point being in the south property line of said Billy R.and Rita C. Williams tract and being in the north property line of said Checkered Flag Inc.Tract I; J . .UDI 1-106 country slab road p&daiald noicaUmApsiad12.111unts Page 1 of 3 Resolution 2013-25(R)—Country Club Road Project Page 55 of 65 Determining Public Necessity to Acquire By Purchase Certain Properties City of Wylie,Texas Country Club Road Right-of-Way Field Note Description Billy R.and Rita C.Williams 4. THENCE N 89° 16' 29" W, along the south property line of said Billy R. and Rita C. Williams tract and the north property line of said Checkered Flag Inc. Tract I, a distance of 11.64 feet to the POINT OF BEGINNING,said strip of land for right-of-way containing 0.0208 acres(905 square feet),more or less in the M.L.Morris Survey,Abstract No.561. Bearings and distances cited in this field note description are based on the Texas State Plane Coordinate System,NAD-83,Texas North Central Zone 4202,surface coordinates. The most recent field survey was conducted April 19,2013. To convert these coordinates to grid coordinates divide by the TxDOT Collin County conversion factor of 1.00015271. A Right-of-Way Plat of even date herewith accompanies this Field Note Description. Prepared By: Gary C.Ilendricks P.E.,R.P.L.S. Signed. Texas Registration No.5073 Birkhoff,Hendricks&Carter,L.L.P. / TBPLS Firm No. 10031800 Date: C /%74:1 11910 Greenville Avenue,Suite 600 Dallas,Texas 75243 / OF Phone 214-361-7900 cap' * tiircp res r StOR P.I.th,a14.41e5201 I-106 epuntry;41,rood p&llitld MetrodytaKel wdlemsdant Page 2 of 3 Resolution 2013-25(R)—Country Club Road Project Page 56 of 65 Determining Public Necessity to Acquire By Purchase Certain Properties WIWAM PATTERSON SURVEY i post los' RAW. JAMES ANDERSON SURVEY It (TYP.) ABSTRACT NO. 716 ABSTRACT NO. 17 CITY OF WYLIE 48' 60' CITY OF LUCAS PARKER COUNTRY CLUB LP. J.C.B.R. HOLDINGS LLC. PARKER COUNTRY CLUB LP.NST 20060314000334610 INST. 20060314000334590 L.,..1,JD r,Go INST. 20110222000191070 I . r7 7 3 EMT, 30' li(ROW. UNE (R.O.W, UNE) NTMWD I EXIST. 15 PECAN ORCHARD ATER ESIg.,..rSV I WATER SUPPLY CORP. ESMT. TxDOT DISK I —_________ •---._._____ -----. . i g011g •.- 1:e m, " I.R.F. 1,/- 5/8 .., (CITY UMITS) 3'2 -A 0 WOOD NI. 6 . R.O.W. ,- 6 `45..„.--1. PIPE FNO. Li/ • et 1 ice , L4 5/8' I.R.F. °ow D . 90' RAW. CONVEYED POINT OF , RAW. MKR. d TO CITY OF WYUE •C,,,/,r,') : * i(city Limn) BEGINNING (DISTURBED) i: (INST. 20090310900093060) opr,"tr CITY OF WYLIE C-44 CI- 4,,.e, .we: cry OF LUCAS —-----c• ...- Q., *Ai • MST. No. 716 i F.M.rm 110 or 0 ABST. NO. 17 COIJNITRY CLUB RD. b - - O.': ABST. iio. 561 6 AIST. NO. 561 t .(CITY U1'.— -'--S cD,' (5 UNINCORPORATED n $ .....4, t UNINCORPORATED N 8.976'29'Jr — 0.50"--N ,/c1tr 00,Y029"Jr — 7120' 6 (REF 8R0) \ /' It(RAW UNE) 0 c•ci N89 N 891T614'E — 1 1.78' ; 0 " (R.O.W. UNE) 1629'W — 11.64' gM S 007346-E PROP. RIGHT—OF—WAY r-----.1 . SYMBOL FOR 1/2. IRON 0 ROD SUT (wrn-i YELLow I 77.43' 0.0208 ACRES PLASTIC CAP) MARKED "13HC.. I (905 SO. fr.) I I CHECKERED FLAG INC. CHECKERED FLAG INC. (rrp.) AL L MORRIS SURVEY INST. 20970601000742230 INST. 20070601000742230 ABSTRACT NO. 561 TRACT 2 TRACT 1 UNINCORPORATED BEARINGS AND DISTANCES CITED IN THIS BILLY R. ec RITA C. WIWANS DANIEL J. HOFER JR. MID FIELD NOTE DESCRIPTION ARE BASED ON WIFE, CAROL. A. HOFER THE TEXAS STATE PLANE COORDINATE . VOL- 2176, PG. 986 VOL. 1278, PG. 827 SYSTEM, NAD-63, TEXAS NORTH CENTRAL ZONE 4202 AND FIELD SURVEYS LAST - - ... A FIELD NOTE DESCRIPTION OF EVEN DATE HEREWTTH ACCOMPANIES THIS RIGHT-OF-WAY PLAT. CONDUCTED ON APRIL 19, 2013. -- OF 7:-.- -c•..•--..••••..e 1_• .4 Asp..-...;c7Is TEN.,71,4 CITY OF WYUE TEXAS . -.... .____ t • &kV;EitidiiiiENTRIGISS• / COUNTRY CLUB ROAD (FORMERLY F.M. 1378) 0 60 120 / ,// 1.....t.7 5073 i ,"90 '''q-f RIGHT—OF—WAY PLAT — PARCEL 1 (PAGE 3 OF 3),:,74.,......, ,,9....,0 , _ - r , ,o, i. I:1 -..- KHOFF. HENDRICKS & CARTER, LLP. SCALE IN FEET / ,-cZci---1',.'61 1/e,:-.5 - .; 131RProfe ssional Engineers, Texas Firm F526 APRIL 2013 IMO CiffWnie Ma.Sou ICO Das%TPII 7524.3 010 351-711E0 Resolution 2013-25(R)-Country Club Road Project Page 57 of 65 Determining Public Necessity to Acquire By Purchase Certain Properties = SYMBOL FOR 1/2" IRON WILLIAM PATTERSON SURVEY EXIST. TOW R.O.W. JAMES ANDERSON SURVEY 0 ROD SET (WITH YELLOW ,,....-it (TT.) ABSTRACT NO. 716 ABSTRACT NO. 17 PLASTIC CAP) MARKED "BHC." CITY OF WYU . R OW UNE' ER so' CM' OF LUCAS Ft PARKER COUNTRY ewe L.P. ( ' • ' ) - J.C.B.R. HOLDINGS L.L.C. PARKER COUNTRY CLUB LP. INST. 20060314000334590 ";-.2 ':-.. INST. 20110222000191070 INST. 20060314000334-610 COST. 30' r----....I 6- d B " (R.O.W. UNE) 2 N.T.M.W.D. _ I EXIST. 15' PECAN ORCHARD TxDOT DISK z .\\). WATER ESMT. 1 WATER SUPPLY CORP. Eska. i car(umar g,. g m 0 1" PIPE FND.-\\O WOOD R.O.W. 0 tl• ci o 6 I — WOOD 90 R.O.W. COMEYED POINT OF NKR, 1 L.(I 43 (X CNI R.O.W. MKR. 6 TO an-OF VIA ,,..- ‘ I •IK i-- pry UMITS *. cc,'-: CITYsTOF LUCAS (DISDJRBM) CV OF WYUE .1: ABST NO. 716 (INST. 20090310000093060) DZWY/YAWL, N.r. C-4-1 Ci- a, ABST. NOT 561 - --il•Z,1 - ., AB NO. 17 UNINCORPORATED S 89176'14*W- 11,.78' c3., ?COUNTRY CLUB RD. ' Aesf. NO. 551 El UNINCORPORATED i(CITY ars)- N 002346'W - 77.43' N 0030'29:W- 65.59' n PROP. RIGHT-OF-WAY , 5/8" I.R.F.------ _. • t(R.O.W. UNE)- ---- ,..,:1- ---: --- '.-- -C.--'''-';20'2807:E7176°794557' :' E \--t (R.O.W. UNE) S 897629 E - 11.14 -_- „ , , (REF BRO.) I 4, s °°°548 f - 61.00' ..__ N 89:36'14"E - 21.58' N 89'1629:W- 31.51' I 1 s 0023'46'E - 22.00' CHECKERED FLAG INC. CHECKERED FLAG INC. ROP. P.TEX1 M. L. MORRIS SURVEY INST. 20070601000742230 1 INST. 20070601000742230 CONST E5111: ABSTRACT NO. 561 TRACT 2 TRACT 1 j UNINCORPORATED 0.0465 ACRES BEARINGS AND DISTANCES WED IN THIS DANIEL J. HOFER JR. AND FIELD NOTE DESCRIPTION ARE BASED ON 0,025 sa F7.) BILLY R. de RITA C. WIWAMS WIFE, CAROL A.A. HOFER Ft ow. THE TEXAS STATE PLANE COORDINATE ' VOL 2176, PG. 986 VOL 1278, PG. 827 SYSTEM, NAD-83, TEXAS NORTH CENTRAL ZONE 4202 AND FIELD SURVEYS LAST PAGE 1 OF 1 CONDUCTED ON APRIL 19, 2013. ...-----__,.....-..„._ I CITY OF ilANLIE TEXAS _, 0 60 120 COUNTRY CLUB ROAD (FORMERLY F.M. 1378) mn TEMPORARY CONSTRUCTION EASEMENT — PARCEL I in im i BIRKHOFF, HENDRICKS & CARTER. LL P. ... _ SCALE IN FEET Profeamfon al Engrneere, Texas Firm F525 11110 Orownl%las.IOU 000 Delft No=/9242 (214)N1-7902 APRIL 2013 ...... . , .. ...__ _.._.__ ........„. .................. _.... . .... Resolution 2013-25(R)-Country Club Road Project Page 58 of 65 Determining Public Necessity to Acquire By Purchase Certain Properties Exhibit "12" (following 4 pages) Resolution 2013-25(R)—Country Club Road Project Page 59 of 65 Determining Public Necessity to Acquire By Purchase Certain Properties CITY OF WYLIE, TEXAS COUNTRY CLUB ROAD PERMANENT DRAINAGE EASEMENT FIELD NOTE DESCRIPTION DENTON/NORTII TEXAS S.D.L PORTFOLIO L.L.C. (INSTRUMENT 20070314000345350) BEING a strip of land for a permanent drainage easement 15-feet in width and being over, under and across a called 1.500 acre tract of land conveyed to Denton/North Texas S.D.I.Portfolio L.L.C. by a deed recorded in Clerk's File No.20070314000345350,of the Deed Records of Collin County, Texas,said Denton/North Texas S.D.I. Portfolio L.L.C. tract also being platted as Block A,Lot 1 of the Parker Road Sonic Addition, an addition to the Town of St. Paul recorded in Cabinet P, Slide 182 of the Plat Records of Collin County,Texas,said strip of land being more particularly described as follows: BEGINNING at a point being the northwest corner of said permanent drainage easement and being in the east right-of-way line of Country Club Road (formerly FM 1378) at N 7072372.069, E 2560728.692, said point bears S 01°26' 59"W a distance of 29.50 feet from a 5/8-inch iron rod found at N 7072401.562,E 2560729.438 being on the south property line of a called 1.408 acre tract of land conveyed to James L. Price II and Wife,Betty J. Price by a deed recorded in Volume 4285, Page 1967, of the Deed Records of Collin County,Texas, said iron rod also being on the north line of said Denton/North Texas tract and on the existing city limit line of the Town of St.Paul; 1. THENCE S 01° 02' 48" E, along the west right-of-way line of said Country Club Road, a distance of 177.75 feet to a point for corner, said point also bearing N 11° 28' 26" W, a distance of 14.57 feet from a 5/8-inch iron rod found at N 7072180.073,E 2560734.837 being on the east right-of-way line of Country Club Road; 2. THENCE N 88° 57' 12"E,a distance of 15.00 feet to a point for corner,said point being in the east line of a 30-foot wide water line easement dedicated to the North Texas Municipal Water District(NTMWD), said point also being in the west line of a 10-foot wide water line easement dedicated to the Wylie Northwest Water Supply Corporation; 3. THENCE N 01°02' 48"W,along the east line of said NTMWD easement and the west line of said Wylie Northwest Water Supply Corporation easement, a distance of 177.28 feet to a point for corner; j klericaPwyli 620 11.106 country drib road pkateld ransalaireanago coolOpareel_k_sordo-dralnalora Page 1 of 3 Resolution 2013-25(R)—Country Club Road Project Page 60 of 65 Determining Public Necessity to Acquire By Purchase Certain Properties City of Wylie,Texas Country Club Road Permanent Drainage Easement Field Note Description Denton/North Texas S.D.I.Portfolio LL.C. (Inst.20070314000345350) 4, THENCE N 89° 16' 29" W, a distance of 15.01 feet to the POINT OF BEGINNING, said strip of land for permanent drainage easement containing 0.0611 acres (2,663 square feet), more or less. Bearings and distances cited in this field note description are based on the Texas State Plane Coordinate System,NAD-83,Texas North Central Zone 4202,surface coordinates. The most recent field survey was conducted April 19,2013. To convert these coordinates to grid coordinates divide by the TxDOT Collin County conversion factor of 1.00015271. A Permanent Drainage Easement Plat of even date herewith accompanies this Field Note Description. ,, ""/ Prepared By: / /1/4 Gary C.Hendricks,P.E„R.P.L.S. Signed: Texas Registration No.5073 Birkhoff,Hendricks&Carter,L.L.P. TBPLS Firm No. 10031800 11910 Greenville Avenue,Suite 600 Dallas,Texas 75243 4.11.46ASTE4ity Phone 214-361-7900 •or „.0,, %cr, v.20 T..Su Ftv ,• Wonsal1wAel7011 106 country club reat pkafield oatesIdnumge nnrisliarted NOILIC-dff11111 Page 2 of 3 Resolution 2013-25(R)—Country Club Road Project Page 61 of 65 Determining Public Necessity to Acquire By Purchase Certain Properties JOHN E. wenN WILLiAM PATTERSON SURVEY ABSTRACT NO. 716 CITY OF WYUE 0 . SYMBOL FOR 1/2. IRON ROD SET (WITH YELLOW AND JOHN D. MARTIN I PARKER COUNTRY CLUB LP. r-r....1 PLASTIC CAP) MARKED '''BHC,* VOL 5453, pc. 2797 INST, 20060314000334560 Ft (Typ.) I PARKER COUNTRY CLUB LP. INST. 20060314000334600 0---‘ IST. 3cY 0 Q(R.O.K uNo— ;?•) . 47T.m.W.,D, 0 0 WATER ESMT. 1/2---"I.R.F. ---- - - - ,-- i(on'umiTs)-\ 90' R.o.W, COMM POINT OF 5/8' 1.R.F.---/ TO crry or wyuE ci cry OF WYUE (INsT• 200S0310000093060) a BEGINNING c.. FAL 1378 ASST. NO. 716-.. cay OF yiyi.JE - - rTy LIMITS UNE ABST. NO, 716 (COUNTRY CLUB RD.) MST. NO. 56i - — N 88:5712 E I AM, NO. 561 M TOWN oF sT. PAUL _ 5 I. /500° is R.Q.W. E I UNINCORPORATED ., N 112826'U' - 14.57-- rEDickflori S orm'sr W - 29.5o' c. F.M. 2514 (REF: 8R0) (BY PLAT) . I 1 .1- (REF aRai) 1/2' LR.F. (PARKER RD.) X END. —\\>,,,,i ,r,:1st 30, NI.ktswil. I.R.F. _,:z- ,.., wATER Eska. " .w!m.._.--t,-----------,-- -,'.----T-.,--7---- --,--I.-.---- -...•,,,., -....--; EAST LINE - .ST---''''-- ,-1-• '\ ''' '''.--n---• ------'--Az!,- _ 1/2" -UNE) 0 A 010248__W - 17728 2' II -7-1-5N 89/18;t21.11g(*F.W39' 1501 vr A ---- 1,° ° PROda, 1,5'DRAINAGE Esmr . • -WyLIE NORTHWEST • ST, 30* I.T.M.w.D. I I wATER SUPPLy CoRp. 1 ai g BM' I.R.F. wYLIE NORTHWEST 0,0611 ACRES (Z66.3 SQ. IT) WATER ESMT.it 13* EsMT. By PLAT) l• I WATER SUPPLY CORP. I rg. 1 (Iv ES),{T. 8T PLAT)M. L. MOMS SURVEY I 1 WAM D. 50* 50, 1 ABSTRACT NO. 561 ExIST. 25' 25* _„WI ---t(CITY umiTs) ACCESS '''''---!- BURNETT SURVEY TOWN OF ST. PAUL nun Esvi. I R ABSTRACT NO. 56 in* R.O.W. PARKER ROAD SCMIC ADDITION g @ TOWN OF ExIsT, /00' RAW, Si. PAUL a' a(eyEDICAFIATIOT)N CABINET P, SLIDE 182 BLOCK A, LOT 1 gr-: „8' ,---.-.a UNINCORPORATED JAMES L PRICE II BEARINGS AND DISTANCES crrED IN THIS I FIELD NoTE DESCRIPITON ARE BASED ON DENTON/NORTH TEXAS S.D.!. PORTFOLIO L.LC.11 AND WIFE, BEIT(' J. PRICE 1 THE TEXAS STATE PLANE COORDINATE INST. 20070314000345350 11 VOL 4265, PG. 1957 I SYSTEM, NA0-63, TEXAS NORTH CENTRAL ZONE 4202 AND FIELD SURVEYS LAST ..,,. • ,,„. PAGE 3 OF 3 CONDUCTED ON APRIL 19, 2013. -- OF - ,,,:c ........... ..}.. CITY OF WYLIE, TEXAS .........___,...., ,,..•,,•-•z- * ow., , - • 4 GARy CLINTON gENDGICKS . COUNTRY CLUB ROAD (FORMERLY F.M. 1378) 0 60 120 / / . 1 '- .... 5073 ,:: *.f NI Ns ow / -,1-1 i'''''--- - 1 \tPA'Essve/00( PERMANENT DRAINAGE EASEMENT — PARCEL K = m k.„---; - soft BIRKHOFF, HENDRICKS & CARTER, LLP. SCALE IN FEET ..... ... ,.------- zoi... z.C,,,4- 1 - ..e, /. ' / - - - Profassional Ermlnoars. Ti4X438 Firm F526 Imo 6......a.A.,.34104 140 Oda;Tom 7520 414)3$1.49011 APRIL 2013 Resolution 2013-25(R)-Country Club Road Project Page 62 of 65 Determining Public Necessity to Acquire By Purchase Certain Properties r WIWAM PATTERSON SURVEY ABSTRACT NO. 716 = SYMBOL FOR 1/2' IRON JOHN E. MARTIN CITY OF WYLIE 0 ROD SET (WITH YELLOW r--r....i PLASTIC CAP) MARKED 131-1C.” AND JOIN D. MARTIN PARKER COUNTRY CLUB LP. VOL 5453, PG. 2797 INST. 20060314000334580 It (TYP.) I PARKER COUNTRY CLUB LP. INST. 20060314000334600 0 ° It(R.avk uNE)--\ 2°---- -N.-rliAsi8: . o o, WATER ESMT. /2 I.R.F. _ 1 (cry Limas 90' R.O.W. CONVEYED POINT OF 5/8 1.R,F TO case OF WYLIE 2 12 - . F.M. 1378 CITY OF WYUE (INST. 20090310000093080) `', ABST. NO. 716 BEGINNING TY umn3 UNE cny OF WYUE "c. ASST. NO. 716 ,...7 (COUNTRY CLUB RD TOWN OF ST PAUL - .) ASST. NO. 561 N 88'5712"E ,,er' 1 - MST. Na 561 . e6 i 1500' 15' R.O.W. E5tn i N 89'1829'W - 129. ' UNINCORPORATED 1 (REF. eRG.) i F.M. 2514 .11 ICAT1ON N 010248'W - 11.58' (BY PLAT) N 010248'W - 29.51' 1 1/2' I.R.F7N (PARKER RD.) , .. .2 N 891629 W - 15.01' `,... • At 4579,15,w _ 31.42, dr- .,,,low, , , , I It.(R.O.W. LINE . 0 R o ---_,L N 01 02 45 W - 17728 ,,...c., .-- --- ---7 /a IRE. s.X" FND. :..-.. :,') 1/2' I.R.F er,, S 010248'E - 240.59' -ROP. 15'DRAINAGE EMIT 1 1 S 8976'29.E 22.01' 1ST. 30' N.T.M.W.D. WATER ESMT. I g g 5/8' LR.F. , N 44-483,1'W - ..3.81'(REF. BRO) `---L--PROP. lEVP. CONS? Esie. I I •1 I 4.523'4.5'W M. L MORRIS SURVEY I 0.0549 ACRES' (2.7.91 SO. FT) 1 KLAN D. 50' 50' I 28.08' ABSTRACT NO. 561 MST' 25L-, _ 25' l .....----It(CITY UMITS) BURNETT SURVEY (REF. BRO.) , „„, PAUL ACCESS k mug OF ST. Win'ESMT. IR ABSTRACT NO. 56 PARKER ROAD SONIC ADDMON TOWN OF EXIST. 100' ROW 0 DEDICATION (BY PLAT) CABINET P, SUDE 182 2 R ST. PAUL BLOCK A, LOT 1 f I UNINCORPORATED L PRICE II 1 BEARINGS AND DISTANCES CITED IN THIS DENTON/NORTH TEXAS S.D.I. PORTFOLIO LLC.113 AND'WIFE, BETTY J. PRICE FIELD NOTE DESCRIPTION ARE BASED ON THE TEXAS STATE PLANE COORDINATE INST. 20070314000345350 I I I VOL 4285, PG. 1967 I SYSTEM, NAD-83, TEXAS NORTH CENTRAL ZONE 4202 AND FIELD SURVEYS LAST r PAGE 1 OF 1 CONDUCTED ON APRIL 19, 2013. CITY OF WYLIE, TEXAS COUNTRY CLUB ROAD (FORMERLY F.M. 1378) 0 60 120 TEMPORARY CONSTRUCTION EASEMENT - PARCEL K la:R %jil BIRKHOFF, HENDRICKS & CARTER. LLP. SCALE IN FEET Professional Engineers. Texas Firm F520 APRIL 2013 nem CrottAla M. 11.012 2:0 112122,7.221 72243 (214)311-7207 Resolution 2013-25(R)-Country Club Road Project Page 63 of 65 Determining Public Necessity to Acquire By Purchase Certain Properties Exhibit "13" (following 1 pages) Resolution 2013-25(R)—Country Club Road Project Page 64 of 65 Determining Public Necessity to Acquire By Purchase Certain Properties WIWAIJ PATTERSON SURVEY PROP. 7E4fP.ES I ABSTRCT NO. 716 k (TYP.) CONS?: MT. CITY OF WYLIE aom I4CR CITY OF WYIJE ES BOBBY W. MITCHELL AND (74.1 so. fr)----..\\), JOHN E. IANTIIN AND JOHN O. MARTIN VOL. 5453, PO. 2797 WIFE, BARBARA MITCHELL N 811523'W I EXIST. VARLABLE- EXISt 15' PECAN ORCHARD VOL 585, PG. 503 r----s 8,984'84"f- 6612' WIDTH N.T.M.W.D. WATER SUPPLY .11 wATER Esmr. ORP. ESEAT. N 0177M W - 21,,OOL 14, 1 I.1.,ok _ __. _ S 884321.W - II 21.2,3=-" 7--`ZSM.,(Z EXIST.VARIABLE- 2 IR B _ _— 0 WIDTH N.T.M.W.D. _ . . . I 5 x g ITY OFfra.1 I c. (ROW UENE) s ormar E - 2 BEGINNING ABM-. NO. 716 BP/o/NTNNONF6, 18.93' (REP 8RG) 3/S 4'81.9;I.R.F. : <7; a WATER ESIii. —— 90' R.O.W. CONVEYED TO CITY OF ME (INST. 20090310000093060) '1° F.M. 1378 % ir-it(R.O.W. UNE) %(CITY 77E----=,:rrs CITY 0 WYU ASST. -N - - c, :-: TOWN OF NSPi. PAUL (COUNTRY CLUB RD.r Ain K. 561 ts TOWN OF ST. PAUL I(CITY LIMITS)-1 = SYMBOL FOR 1/2' IRON 0 ROD SET On YELLOW c. F.M. 2514 PLASTIC CAP) MARKED "ENC.' (PARKER RD.) i (R.o.w. LINE) I M. L MORRIS SURVEY • 7:1,, ABSTRACT NO. 561 WILLIAM D. BURNETT SURVEY ,,. ,,, TOWN OF ST. PAUL ABSTRACT NO. 56 g g BEARINGS AND DISTANCES CITED IN THIS TOWN OF ST. PAUL • It(R.O,W. LNE) FIE10 NOTE DESCRIPTION ARE BASED ON SAIKA INVESTMENTS INC. lig THE TEXAS STATE PLANE COORDINATE t SYSTEM, NAD-83, TEXAS NOR INST. 20081002001177580 TH CENTRAL ZONE 4202 AND HELD SURVEYS LAST 1 PAGE 1 OF 1 CONDUCTED ON APRIL 19, 2013. _.. .. . .. CITY OF WYLIE, TEXAS . ..... ........_ 0 40 80 COUNTRY CLUB ROAD (FORMERLY F.M. 1378) inw TEMPORARY' CONSTRUCTION EASEMENT - PARCEL L ivigimummi BIRIO-10FF, HOCIRICKS & CARTER. LLP. SCALE IN FEET Professional Engineers. Texas Firm P526 APRIL 2013 tiVIO*mole AK,f/APA KO MAMA Tom 13143 410 3111-7000 Resolution 2013-25(R)-Country Club Road Project Page 65 of 65 Determining Public Necessity to Acquire By Purchase Certain Properties 44, Wylie City Council AGENDA REPORT n+�y are zVSN Meeting Date: October 22, 2013 Item Number: P Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: N/A Date Prepared: October 15, 2013 Budgeted Amount: N/A Exhibits: Ordinance Subject Consider and act upon, Ordinance No. 2013-41 creating a construction work zone for traffic and temporarily reducing the rate of speed therein, on Stone Road from Akin Lane to W.A. Allen Boulevard and on FM 544 from Stone Road to Collins Boulevard, in the city limits of the City of Wylie; defining the speed limit, requiring the placement of signs; declaring what may be a sufficient complaint in prosecutions hereunder; providing for a penalty for the violation of this ordinance; providing for severability, savings and repealing clauses; and providing for an effective date of this ordinance. Recommendation Motion to approve, Ordinance No. 2013-41 creating a construction work zone for traffic and temporarily reducing the rate of speed therein, on Stone Road from Akin Lane to W.A. Allen Boulevard and on FM 544 from Stone Road to Collins Boulevard, in the city limits of the City of Wylie; defining the speed limit, requiring the placement of signs; declaring what may be a sufficient complaint in prosecutions hereunder; providing for a penalty for the violation of this ordinance; providing for severability, savings and repealing clauses; and providing for an effective date of this ordinance. Discussion On August 27, 2013, City Council awarded a construction contract to Tiseo Paving Company for the reconstruction of Stone Road from Akin to W.A. Allen Boulevard and south along FM 544 to just north of Alfred Drive. Tiseo has indicated that they will start construction on November 4, 2013. Due to the proximity of the workers and equipment to the existing travel lanes, it is necessary to reduce the speed on the roadway to 30 miles per hour. Once the project is complete, the speed limit will be posted back to 45 miles per hour. Page 1 of 1 ORDINANCE NO. 2013-41 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, CREATING A CONSTRUCTION WORK ZONE FOR TRAFFIC AND TEMPORARILY REDUCING THE RATE OF SPEED THEREIN, ON STONE ROAD FROM AKIN LANE TO W.A. ALLEN BOULEVARD AND ON FM 544 FROM STONE ROAD TO COLLINS BOULEVARD, IN THE CITY LIMITS OF THE CITY OF WYLIE; DEFINING THE SPEED LIMIT, REQUIRING THE PLACEMENT OF SIGNS; DECLARING WHAT MAY BE A SUFFICIENT COMPLAINT IN PROSECUTIONS HEREUNDER; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR SEVERABILITY, SAVINGS AND REPEALING CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE;. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has determined that construction is being undertaken on or near Stone Road from the intersections of Akin Lane to W.A. Allen Boulevard and on FM 544 from the intersections of Stone Road to Collins Boulevard, herein defined, and that in order to protect the traveling public and the workers during the construction of Stone Road and FM 544, it is necessary to reduce the maximum permitted speed limit during such construction period, and that the increased penalties provided by State Law for the violation of such limits should be imposed to more effectively enforce such limits; and WHEREAS, the City Council has further investigated into and determined that the speed limit to be effective in such construction zone is that determined and requested by the Texas Department of Transportation. 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. Creation of Zone. A construction work zone is hereby established in accordance with Section 472.022 of the Transportation Code of the State of Texas for all lanes of traffic along each of the following locations: (A)On Stone Road from its intersection with Akin Lane to its intersection with W.A. Allen Boulevard, and (B)On FM 544 from its intersection with Stone Road to its intersection with Collins Boulevard. SECTION 3. Establishment of Speed Limit. For the above-described zones the prima facie maximum speed limit of 30 miles per hour is hereby established. Ordinance 2013-41 -Construction Work Zone - Stone Rd from Akin Ln to W.A. Allen Blvd &FM 544 from Stone Rd to Collins Blvd Page 1 of 2 SECTION 4. Duration of Construction Zone. Such speed limits will be effective for a period of two (2) years or until the signs which are to be erected pursuant to Section 5 below are removed by the City of Wylie, whichever is sooner. Thereafter, the speed limit in the said construction zones will revert to a speed limit of 45 miles per hour. SECTION 5. Requirement of Signs. The City of Wylie or its designee is hereby directed to erect signs marking the above-described construction zones to indicate that the area is a construction work zone, to indicate where the zone begins and ends, and which state "fines double when workers present." SECTION 6. Penalty Provision. Any person violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum of not less than One Dollar ($1.00) nor more than Five Hundred Dollars ($500.00). The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin a violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 7: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional 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. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 8: Savings/Repealing Clause. 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 9: Effective Date. This Ordinance shall become effective immediately upon its adoption and publication as required by law and the Charter of Wylie. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 22"d day of October 2013. Eric Hogue, Mayor ATTESTED TO AND AS TO FORM: Carole Ehrlich, City Secretary Ordinance 2013-41 -Construction Work Zone - Stone Rd from Akin Ln to W.A. Allen Blvd &FM 544 from Stone Rd to Collins Blvd Page 2 of 2 r.\\ Wylie City Council AGENDA REPORT n+�y are z.yrs.� Meeting Date: October 22, 2013 Item Number: Q (City Secretary's Use Only) Department: Planning Prepared By: Renae' 011ie Account Code: Date Prepared: October 15, 2013 Budgeted Amount: Exhibits: 1 Subject Consider and act upon, authorizing the City Manager to sign a Development Agreement between the City of Wylie and Laer Trams —Wooded Creek Wylie, LLC, for the development of Wooded Creek Phase 2. Located east of Wooded Creek Avenue and north of Lakeside Drive. Recommendation Motion to approve, authorizing the City Manager to sign a Development Agreement between the City of Wylie and Laer Trams —Wooded Creek Wylie, LLC, for the development of Wooded Creek Phase 2. Located east of Wooded Creek Avenue and north of Lakeside Drive. Discussion Owner: Laer Trams —Wooded Creek Wylie, LLC Applicant: JBI Partners Representatives with JBI Partners met with City Staff to discuss the development of Wooded Creek Phase 2. A Final Plat was approved by Council in 2004, but never filed. The subject tract consists of 21.882 acres, and is part of the overall planned development for Wooded Creek approved as Planned Development 2002-02. Skorburg was the original developers when the property was zoned and platted, and now has been purchased by Laer Trams. The primary purpose of the agreement is to set parameters for the construction of the Amenity Center, which shall be constructed prior to the issuance of a certificate of occupancy for any residential dwelling. The City will also waive the required building permit fees for the construction and inspection of the amenity center and swimming pool. Upon execution of the Development Agreement, the applicant/owner(s)will submit a Final Plat to reflect minor changes in the layout and to create open space lots including the location of the Amenity Center. The Final Plat will be consistent with the Development Plan as depicted in Exhibit"C" attached and shall also conform to the requirements of PD 2002-02. Staff recommends approval of the Development Agreement. Page 1 of 1 "NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVERS' LICENSE NUMBER." After Recording Return To: City Manager City of Wylie 300 Country Club Road Wylie,Texas 75098 DEVELOPMENT AGREEMENT (Wooded Creek Estates,Phase 2) This DEVELOPMENT AGREEMENT ("Agreement") is made and entered into as of the day of October, 2013 ("Effective Date") by and among the CITY OF WYLIE, TEXAS, a Texas home-rule municipality ("City"), and LAER TRAMS — WOODED CREEK WYLIE, LLC, a Texas limited liability company ("Developer"). City and Developer are individually and collectively referred to herein, respectively, as "Party" or"Parties". WHEREAS, Developer is the owner of 21.882± acres of land situated in the Moses Sparks Survey, Abstract No 849, and located in the City, Collin County, Texas, as more particularly described in Exhibit "A", attached hereto and incorporated herein for all purposes ("Property"); and WHEREAS, the Property was originally platted as "Wooded Creek Estates, Phase 2", pursuant to that certain Final Plat of Wooded Creek Estates, Phase 2 ("Existing Phase 2 Plat"), approved on June 22, 2004, by the City Council (herein defined), but never filed of record in the Public Records of Collin County, Texas, and Developer intends to develop the Property as a planned development known as the "Wooded Creek Estates, Phase 2" ("Development"); and WHEREAS, on January 8, 2002, the City Council of the City ("City Council") adopted Ordinance No. 2002-02 ("Zoning Ordinance"), zoning the Property and placing the same in the zoning classification of Planned Development (PD) District Classification, with the form of the approved Zoning Ordinance being attached hereto as Exhibit "B" and incorporated herein for all purposes; the original, executed Zoning Ordinance is on file with the City Secretary's Office and reference to the Zoning Ordinance as used herein shall mean as it currently exists or may be amended; and WHEREAS, the Developer desires to submit an application to amend the City approved Existing Phase 2 Plat ("Plat Amendment Application"), in accordance with the City Subdivision Ordinance No. 2-25-03, as amended, and City Zoning Ordinance No. 2006-04, as amended, to request the City Council to amend the Existing Phase 2 Plat in a manner consistent with that depicted on Exhibit "C", attached hereto and incorporated herein for all purposes, said Plat Amendment Application shall include any and all DEVELOPMENT AGREEMENT-WOODED CREEK ESTATES,PHASE 2 PAGE 1 OF 20 635702.1 documents, signatures and/or other information required by City's ordinances, rules and regulations, as they exist, may be amended, or in the future arising; and WHEREAS, in consideration of the City Council's agreement to waive certain fees in association with the Plat Amendment Application and Improvements (hereinafter defined), Developer hereby agrees to construct on the Property in the location depicted on Exhibit "C", an amenity center, that includes an in-ground pool, a playground, and all required parking for the amenity center (collectively, "Improvements"), prior to the first certificate of occupancy being issued for the first house located within the Development; and WHEREAS, the City Council has investigated and determined that the Improvements will provide recreation facilities to the future residents of the Development, which the City can take into consideration when amending the Master Park/Open Space Plan for the City, as the Improvements will alleviate some of the need for additional recreation facilities in the area; and WHEREAS, the City Council has investigated into and determined that it is in the best interest of City and its citizens to enter into this Agreement; and WHEREAS, the Parties desire to enter into this Agreement according to the terms and conditions set forth below. NOW, THEREFORE, in consideration of the mutual benefits and premises contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Incorporation of Recitals. The representations, covenants and recitations set forth in the foregoing recitals of this Agreement are true and correct and are hereby incorporated into the body of this Agreement and adopted as findings of City and the Developer. 2. City Council Approval. The Parties acknowledge and agree that Developer must submit a fully executed original copy of this Agreement to Ms. Renae' 011ie, City's Planning Director, ("Planning Director"). Developer, individually, acknowledges and agrees that this Agreement is strictly contingent upon the consideration and approval of the City Council and the attendant authorization of the City Manager to execute the same ("City Council Approval"). 3. Land Subject to Agreement. The land that is subject to this Agreement is the Property. Developer represents that it is the sole owner of the Property. 4. Construction of Amenity Center. In consideration of the City's waiver of the Fees associated with the construction of the amenity center and in-ground pool, , Developer hereby agrees to construct on the Property in the location depicted on Exhibit "C", the Improvements, all constructed in accordance with City rules, regulations and/or DEVELOPMENT AGREEMENT-WOODED CREEK ESTATES,PHASE 2 PAGE 2 OF 20 635702.1 ordinances, as amended, prior to the first certificate of occupancy being issued for the first house located within the Development. 5. Certificates of Occupancy. Developer further acknowledges and agrees that before a certificate of occupancy will be issued by City for any residential dwelling constructed on the Property, Developer must have completed the construction of the Improvements, unless City expressly waives such requirement in writing. 6. Default/Waiver and Release. (a) If Developer fail(s) to comply with any of the provisions of this Agreement, City shall have the following remedies, in addition to City's other rights and remedies, to: (i) refuse to issue a certificate of occupancy for any residential dwelling constructed on the Property; and/or (ii) seek specific enforcement of this Agreement. (b) In the event City fails to comply with the terms and conditions of this Agreement, Developer may seek specific enforcement of this Agreement as its sole and exclusive remedy. 7. Covenant Running with the Land; Expiration. This Agreement shall be a covenant running with the land and Property and shall be binding upon Developer. In addition, the Parties shall cause this Agreement to be filed in the Real Property Records of Collin County, Texas. Notwithstanding the foregoing, the obligations herein that burden of the Property shall be released automatically upon Developer's construction and completion of the Improvements. 8. Representations of Developer. Developer represents and warrants to City that as of the date of this Agreement, Developer: (i) is fully authorized to enter into this Agreement, without the joinder of any other person or entity; and (ii) has good and indefeasible fee simple title to the Property, free of any liens, security interests, exceptions, conditions, mineral reservations or leases or encumbrances, that could in any way extinguish City's priority lien on the Property, other than Developer's acquisition lien encumbering the Property. 9. Limitations of Agreement. The Parties hereto acknowledge that this Agreement is limited to the matters expressly set forth herein. The City's regulations covering property taxes, utility rates, permit fees, inspection fees, development fees, impact fees, tap fees, pro-rata fees and the like are not affected by this Agreement. Further this Agreement does not waive or limit any of the obligations of Developer to City under any of the regulations. 10. Vested Rights/Chapter 245 Waiver. This Agreement shall confer no vested rights in, upon and/or to the Property, or any portion thereof, unless specifically DEVELOPMENT AGREEMENT-WOODED CREEK ESTATES,PHASE 2 PAGE 3 OF 20 635702.1 enumerated herein. In addition, nothing contained in this Agreement shall constitute a "permit" as defined in Chapter 245, TEx. Loc. GOV'T CODE, as amended, and nothing in this Agreement provides City with fair notice of any project of any Developer. DEVELOPER WAIVES, RELINQUISHES, RELEASES, DISCHARGES AND HOLDS HARMLESS CITY WITH REGARD TO ANY STATUTORY CLAIM UNDER CHAPTER 245, TEX, LOC. GOV'T CODE, AS AMENDED, UNDER THIS AGREEMENT. THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 11. SENATE BILL 18 WAIVER. AS ADDITIONAL CONSIDERATION FOR THE BENEFITS DEVELOPER IS RECEIVING UNDER THIS AGREEMENT, DEVELOPER HEREBY WAIVES, RELINQUISHES, RELEASES, DISCHARGES AND HOLDS HARMLESS CITY FROM AND AGAINST, AND WAIVES ANY ALL RIGHTS TO, CLAIM ANY RELIEF UNDER SENATE BILL 18,AS ADOPTED BY THE 82ND TEXAS LEGISLATIVE SESSION THIS PARAGRAPH 12 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 12. Miscellaneous Provisions. a. Incorporation of Recitals. The representations, covenants and recitations set forth in the foregoing recitals of this Agreement are true and correct and are hereby incorporated into the body of this Agreement as if set forth verbatim and adopted as findings of City and the authorized representative of Developer. b. Binding Agreement; Assignment. The terms and conditions of this Agreement are binding upon the Parties hereto. This Agreement may not be assigned by Developer, in whole or in part, unless the following conditions are satisfied, without which such assignment shall be null and void and of no force and effect: (i) the assignment of the Agreement must be evidenced by a recordable document ("Assignment"), the form of which must be approved in writing by City; such approval not to be unreasonably withheld; (ii) the Assignment must expressly contain, among any other reasonable requirements and/or conditions of City, an acknowledgment and agreement that all obligations, covenants and/or conditions contained in the Agreement will be assumed solely and completely by the assignee, or any portion thereof, contemplated herein, and the contact name, address, phone number, fax number and electronic mail address of the assignee; (iii) the Developer will file any approved, executed Assignment in the Real Property Records of Collin County, Texas; and DEVELOPMENT AGREEMENT-WOODED CREEK ESTATES,PHASE 2 PAGE 4 OF 20 635702.1 (iv) the Developer shall provide City with a file-marked copy of the Assignment within ten (10) calendar days of filing the same. Upon any such assignment as provided above, the assignor shall be released from any further liability hereunder provided the Assignment includes a provision expressly stating that the assignee is accepting and obligating itself for any and all prior duties, obligations, covenants and/or defaults of the assignor. c. Notices. Any notice provided or permitted to be given under this Agreement must be in writing and may be served by depositing same in the United States mail, addressed to the Party to be notified, postage pre-paid and registered or certified with return receipt requested, or by delivering the same in person to such Party via electronic mail, with documentation evidencing the addressee's receipt thereof, or a hand—delivery service, Federal Express or any courier service that provides a return receipt showing the date of actual delivery of same to the addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notice, the addresses of the Parties shall be as follows: If to City, addressed to it at: City of Wylie ATTN: City Manager 300 Country Club Road Wylie, Texas 75098 Telephone: (972) 516-6000 Electronic Mail: mindy.manson@wylietexas.gov With a copy to: Abernathy, Roeder, Boyd & Joplin, P.C. ATTN: Courtney A. Kuykendall 1700 Redbud Blvd., Suite 300 McKinney, Texas 75069 Telephone: (214) 544-4000 Electronic Mail: ckuykendall ,abernathy-law.corn If to Developer, addressed to it at: Laer Trams—Wooded Creek Wylie, LLC ATTN: Talmadge Tinsley 17168 Club Hill Drive DEVELOPMENT AGREEMENT-WOODED CREEK ESTATES,PHASE 2 PAGE 5 OF 20 635702.1 Dallas, Texas 75248 Telephone: ( ) Electronic Mail: talmadgetinsley@yahoo.com With a Copy To: Laer Trams—Wooded Creek Wylie, LLC ATTN: David Dellinger Electronic Mail: daviddellinger@live.com And a Copy To: Hesse & Hesse, LLP ATTN: Michael D. Hesse 1518 Legacy Drive, Suite 250 Frisco, Texas 75034 Telephone: (972) 503-9800 Electronic Mail: mdh@hesselaw.com d. Attorney's Fees. In any legal proceeding brought to enforce any term of this Agreement, the prevailing Party may recover its reasonable and necessary attorneys' fees and expenses from the non-prevailing Party(ies) as permitted by §271.153, TEx. Loc. GOV'T CODE, as amended. e. Warranties/Representations. All warranties, representations and covenants made by a Party to any other Party in this Agreement, or in any certificate or other instrument delivered by a Party to any other Party under this Agreement, shall be considered to have been relied upon by the receiving Party. f. Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the Parties hereto. g. Venue. This Agreement shall be construed in accordance with the laws of the State of Texas and shall be performable in Collin County, Texas. h. Consideration. This Agreement is executed by the Parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original DEVELOPMENT AGREEMENT-WOODED CREEK ESTATES,PHASE 2 PAGE 6 OF 20 635702.1 for all purposes. An electronic mail signature will also be deemed to constitute an original if properly executed and delivered to the other Parties. j. Authority to Execute. The individuals executing this Agreement on behalf of the respective Parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the Party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the Party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the Effective Date. k. Savings/Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable, in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 1. Representations. Each signatory represents this Agreement has been read by the Party for which this Agreement is executed and that such Party has had an opportunity to confer with its counsel. m. No Third Party Beneficiaries. Nothing in this Agreement shall be construed to create any right in any third party not a signatory to this Agreement, and the Parties do not intend to create any third party beneficiaries by entering into this Agreement. n. Waiver. Waiver by any Party of any breach of this Agreement, or the failure of any Party to enforce any of the provisions of this Agreement, at any time, shall not, in any way affect, limit or waive such Party's right thereafter to enforce and compel strict compliance. o. Immunity. It is expressly understood and agreed that, in the execution of this Agreement, City has not waived, nor shall be deemed hereby to have waived, any immunity, governmental, sovereign and/or official, or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the Parties do not create any obligations, express or implied, other than those set forth herein. DEVELOPMENT AGREEMENT-WOODED CREEK ESTATES,PHASE 2 PAGE 7 OF 20 635702.1 P. Reference to Developer. When referring to "Developer" herein, this Agreement shall refer to and be binding upon Developer, and its respective officers, directors, partners, employees, representatives, agents, mortgagees, successors, assignees (as authorized herein), vendors, grantees, trustees, heirs, legatees, legal representatives and/or any other third parties for whom Developer is legally responsible and/or who may acquire an interest in the Property, provided Paragraph 13(b) is satisfied, if applicable. q. Reference to City. When referring to "City" herein, this Agreement shall refer to and be binding upon City, its Council Members, officers, agents, representatives, employees and/or any other authorized third parties for whom City is legally responsible. r. Survival of Covenants. Any of the representations, warranties, covenants and obligations of the Parties, as well as any rights and benefits of the Parties, pertaining to a period of time following the termination of this Agreement shall survive termination. s. Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by the Parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any Party shall not apply. Headings in this Agreement are for the convenience of the Parties and are not intended to be used in construing this document. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] DEVELOPMENT AGREEMENT-WOODED CREEK ESTATES,PHASE 2 PAGE 8 OF 20 635702.1 IN WITNESS WHEREOF, the Parties have executed this Agreement and caused this Agreement to be effective on the Effective Date. CITY: CITY OF WYLIE, TEXAS, ATTEST: a home-rule municipality By: By: Mindy Manson, City Manager Carole Ehrlich, City Secretary THE STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally appeared Mindy Manson, known to me to be the person whose name is subscribed to the foregoing instrument; she acknowledged to me that she is the City Manager and duly authorized representative of the CITY OF WYLIE, TEXAS, a Texas home-rule municipality, and that she executed the same for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of the CITY OF WYLIE, TEXAS. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2013. Notary Public in and for the State of Texas My Commission Expires: DEVELOPER: LAER TRAMS—WOODED CREEK WYLIE, LLC, a Texas limited liability company By: David Dellinger, Manager DEVELOPMENT AGREEMENT-WOODED CREEK ESTATES,PHASE 2 PAGE 9 OF 20 635702.1 STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally appeared David Dellinger, known to me to be the person whose name is subscribed to the foregoing instrument; he acknowledged to me that he is the Manager and duly authorized representative of LAER TRAMS —WOODED CREEK WYLIE, LLC, a Texas limited liability company, and that he executed said instrument for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of said limited liability company. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2013. Notary Public in and for the State of Texas My Commission Expires: DEVELOPMENT AGREEMENT-WOODED CREEK ESTATES,PHASE 2 PAGE 10 OF 20 635702.1 EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY BEING a parcel of land located in the City of Wylie, Collin County, Texas, a part of the Moses Sparks Survey, Abstract No 849, and being a part of a called 41.7417 acre tract of land described in a deed from Thomas A. Mannewitz and Barbara L. Mannewitz to Wooded Creek Estates, Ltd. as recorded in Volume 5090, Page 1590, Collin County Deed Records, and being more particularly described as follows: Beginning at a "X" in concrete found at the southeast corner of Wooded Creek Estates Phase 1, an Addition to the City of Wylie as recorded in Cabinet 0, Page 372, Collin County Plat Records, said point being in the centerline of Lakefield Drive (a 65 foot wide right-of-way) said point being in the north line of Lakeside Estates Phase II, an Addition to the City of Wylie, Texas as recorded in Cabinet N, Page 41, Collin County Plat Records; Thence along the East line of said Wooded Creek Estates Phase 1 as follows: North 00 degrees 00 minutes 31 seconds East, 181.86 feet, to a 1/2 inch iron rod found for corner; North 89 degrees 59 minutes 29 seconds West, 3.00 feet to a 1/2 inch iron rod found for corner; North 00 degrees 00 minutes 31 seconds East, 170.00 feet to a 1/2 inch iron rod found for corner; North 89 degrees 59 minutes 29 seconds West, 6.82 feet to a 1/2 inch iron rod found for corner; North 00 degrees 00 minutes 31 seconds East, 140.00 feet to a 1/2 inch iron rod found for corner; North 89 degrees 59 minutes 29 seconds East, 9.19 feet to a 1/2 inch iron rod found for corner; North 00 degrees 00 minutes 31 seconds East, 171.68 feet to a 1/2 inch iron rod found for corner; Northwesterly, 21.96 feet along a curve to the right having a central angle of 1 degree 05 minutes 22 seconds, a radius of 1155.00 feet, a tangent of 10.98 feet, and whose chord bears North 86 degrees 21 minutes 29 seconds West, 21.96 feet to a 1/2 inch iron rod found for corner; DEVELOPMENT AGREEMENT-WOODED CREEK ESTATES,PHASE 2 PAGE 11 OF 20 635702.1 North 04 degrees 11 minutes 12 seconds East; 140.00 feet to a 1/2 inch iron rod found for corner; Northwesterly, 177.26 feet along a curve to the right having a central angle of 10 degrees 00 minutes 23 seconds, a radius of 1015.00 feet, a tangent of 88.86 feet, and whose chord bears North 80 degrees 48 minutes 37 seconds West, 177.04 feet to a 1/2 inch iron rod found for corner; Northwesterly, 115.19 feet along a curve to the left having a central angle of 09 degrees 06 minutes 11 seconds, a radius of 725.00 feet, a tangent of 57.71 feet, and whose chord bears North 80 degrees 21 minutes 31 seconds West, 115.06 feet to a 1/2 inch iron rod found for corner; North 80 degrees 01 minutes 03 seconds West, 20.19 feet to a 1/2 inch iron rod found for corner; Northwesterly, 17.00 feet along a curve to the left having a central angle of 01 degree 20 minutes 24 seconds, a radius of 727.00 feet, a tangent of 8.50 feet, and whose chord bears North 87 degrees 09 minutes 55 seconds West, 17.00 feet to a 1/2 inch iron rod found for corner; Northwesterly, 62.80 feet along a curve to the right having a central angle of 94 degrees 41 minutes 35 seconds, a radius of 38.00 feet, a tangent of 41.25, and whose chord bears North 40 degrees 29 minutes 20 seconds West, 55.90 feet to a 1/2 inch iron rod found for corner; Northeasterly, 17.00 feet along a curve to the right having a central angle of 01 degree 10 minutes 10 seconds, a radius of 833.00 feet, a tangent of 8.50 feet, and whose chord bears North 07 degrees 26 minutes 32 seconds East, 17.00 feet to a 1/2 inch iron rod found for corner; North 02 degrees 58 minutes 18 seconds East, 20.00 feet to a 1/2 inch iron rod found for corner; Northeasterly, 123.11 feet along a curve to the right having a central angle of 08 degrees 26 minutes 50 seconds, a radius of 835.00 feet, a tangent of 61.67 feet, and whose chord bears North 13 degrees 37 minutes 04 seconds East, 123.00 feet to a 1/2 inch iron rod found for corner; Northeasterly, 362.60 feet along a curve to the left having a central angle of 17 degrees 49 minutes 58 seconds, a radius of 1165.00 feet, a tangent of 182.78 feet, and whose chord bears North 08 degrees 55 minutes 30 seconds East, 361.13 feet to a 1/2 inch rod found for corner; North 00 degrees 00 minutes 31 seconds East, 158.12 feet to a 1/2 inch iron rod found for corner; DEVELOPMENT AGREEMENT-WOODED CREEK ESTATES,PHASE 2 PAGE 12 OF 20 635702.1 North 89 degrees 59 minutes 29 seconds West, 39.00 feet to a 1/2 inch iron rod found for corner; North 00 degrees 00 minutes 31 seconds East, 43.00 feet to a 1/2 inch iron rod found for corner; North 05 degrees 43 minutes 09 seconds East, 20.10 feet to a 1/2 inch iron rod found for corner; North 00 degrees 00 minutes 31 seconds East, 17.00 feet to a 1/2 inch iron rod found for corner; Northeasterly, 59.69 feet along a curve to the right having a central angle of 90 degrees 00 minutes 00 seconds, a radius of 38.00 feet a tangent of 38.00 feet, and whose chord bears North 45 degrees 00 minutes 31 seconds East, 53.74 feet to a 1/2 inch rod found for corner; North 00 degrees 14 minutes 42 seconds East, 21.06 feet to a 1/2 inch iron rod found at the Northeast corner of said Wooded Creek Estates, Phase 1, said point also being in the south line of Sage Creek Phase IX A, an addition to the City of Wylie as recorded in Volume 2008, Page 553, Collin County Plat Records; Thence South 89 degrees 45 minutes 18 seconds East, 795.13 feet along the north line of said 41,7417 acre tract of land and along the south line of said Sage Creek Phase IX A to a 1/2 inch iron rod found at the northeast corner of said 41.7417 acre tract of land, said point being in the south line of Sage Creek Phase IX, an addition to the City of Wylie as recorded in Volume 2007, Page 87, Collin County Plat Records, said point being in the west line of the remainder of a called 28.5675 acre tract of land described as Tract II in a deed from J. M. Mannewitz and Doris Mannewitz to Thomas A. Mannewitz and Barbara L. Mannewitz recorded in Document Number 92-0064130, Collin County Deed Records; Thence along the East line of said 41.7417 acre tract of land as follows: South 08 degrees 14 minutes 45 seconds West, 146.64 feet to a 1/2 inch iron rod found for corner; South 35 degrees 52 minutes 23 seconds West, 175.32 feet to a 1/2 inch iron rod found for corner; South 00 degrees 26 minutes 35 seconds West, 191.42 feet to a 1/2 inch iron rod found for corner; South 00 degrees 01 minutes 23 seconds West, 112.77 feet to a 1/2 inch iron rod found at the northwest corner of a called 22.4582 acre tract of land described in a deed from Paul DEVELOPMENT AGREEMENT-WOODED CREEK ESTATES,PHASE 2 PAGE 13 OF 20 635702.1 P. Taylor and Laverne C. Taylor to Parsons-Warner, LLC recorded in Volume 5753, Page 3192, Collin County Deed Records; Thence South 00 degrees 23 minutes 33 seconds West, 481.48 feet to a 1/2 inch iron rod found at the southwest corner of said 22.4582 acre tract of land, said point being the northwest corner of a called 2.500 acre tract of land described in a deed from Patrice M. Lemmon to Terry D. Farmer and Diane Farmer as recorded in Document Number 2010033000298510, Collin County Deed Records; Thence South 00 degrees 04 minutes 34 seconds West along the west line of said 2.500 acre tract of land, at 600.35 feet passing a 1/2 inch iron rod for witness, in all a total distance of 632.85 feet to a "X" set at the southwest corner of said 2.500 acre tract of land, said point being in the north line of said Lakeside Estates Phase II and in the centerline of Lakefield Drive; Thence South 89 degrees 58 minutes 23 seconds West, 363.08 feet along the south line of said 41.7417 acre tract of land and along the north lien of said Lakeside Estates Phase II and along the centerline of said Lakefield Drive to the Point of Beginning and containing 953.167 square feet or 21.882 acres of land. DEVELOPMENT AGREEMENT-WOODED CREEK ESTATES,PHASE 2 PAGE 14 OF 20 635702.1 EXHIBIT "B" ZONING ORDINANCE ORDINANCE NOjTLrO22 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING'IDE COMPREITENswE ZONING ORDINANCE OF TIM CITY OF WYLIE,AS HERETOFORE AMENDED,. SO AS'IO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY,ZONING CASE NIUMI3ER 201111-19, TO PLANNED DEVELOPMENT (PD) DISTRICT CLASSIFICATION;PROVIDING FOR THE REPEAL,OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the Planning and Zoning Commission and the governing body of the City of Wylie,Texas,in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance,have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property,the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW,THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of Wylie,Texas,be,and the same is hereby,amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new -zoning classification of Planned Development (PD) District Classification, said property being described in Exhibit"A"and Exhibit"B"attached hereto and made a part hereof for all purposes. SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby,repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City,as amended herein by the granting of this zoning classification. DEVELOPMENT AGREEMENT-WOODED CREEK ESTATES,PHASE 2 PAGE 15 OF 20 635702.1 SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or the • Comprehensive Zoning Ordinance.as amended hereby,commits an unlawful act and shall be subject to the general penalty provisions of Section 38 of the Zoning Ordinance,as the same now exists or is hereafter amended. SECTION 5. Should any paragraph,sentence,subdivision,clause,phrase or section of this circruntince be adjudged or held to be ancoustitutional„illegal or invalid,the same shall not affect the validity of this ordinance as a whole or any part or provision thereof,other than the part so declared to he invalid, illegal or unconstitutional,and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole, SECTION 6, This order ince shall be in hill force and stied from and attei its adoption by thin City Council and publication of its caption as the law and the City Charter provide in such cases SECTION 7. The repeal of any ordinaries,or parts thereof,by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance,nor shall it have the effect of discontinuing,abating,modifying or altering any penalty accruing or to ricer-ire, nor as effecting any rights of the municipality under any section or provisions of airy ordinances at the time of passage of this ordinance DULY PASSED A1lJL APPROVED by the City Council of the City of Wylie, Trexas,this day of • .0/ By John wildly,Mayor Ilarha/r City, c2-4re ry/2 r VV)74 ti SEAL isy (Pr 1E, 40/111111$1110". DEVELOPMENT AGREEMENT-WOODED CREEK ESTATES,PHASE 2 635702.1 PAGE 16 OF 20 Exhibit"A" Properly Description ZC,#2001-19 Being a tract of land situated in the Moses Sparks Survey, Abstract No, 849,Collin County, Texas and being part of a 28 5675 acre tract of land and ail ofa 27.4522 tract of land conveyed to Thomas Mannewitz by deed recorded under County Clerk's File Number 92-0064130,Deed Records,Collin County,Texas, and being more particularly described as follows: Beginning at a capped 5/8"iron rod set on the east line of Lakeside Estates Phase I, an Addition to the City of Wylie,Collin County,,Texas,according to the plat thereof recorded in Cabinet 1,, Slide 523,Map Records, Collin County,Texas for the southwest corner of aforesaid 27 4522 acre tract and the northwest corner of Lakeside Estates Phase II, an Addition to the City of Wylie, Collin County,Texas, according to the plat thereof recorded in Cabinet N, Slide 41, Map Records,Cain County,Texas; Thence,North 00'24'00"West,along the west line of said 27,4522 acre tract, the cast line of said Lakeside Estates Phase 1, the east line of Sage Creek Phase V, an Addition to the City of Wylie, Collin County, Texas,according to the plat thereof recorded in Cabinet M, Slide 135,Map Records,Collin County,Texas and the east line of a tract of land conveyed to Ashton Custer I,,LC.by deed recorded under County Clerk's File Number 98-0008878,, Deed Records, Collin County,Texas, a distance of 111:3,43 feet to a capped iron rod found'liar the northwest corner of said 27,4522 acre tract and the southwest corner of said 28.56'75 acre tract; Thence,North 01'2310" West,along the west line of said 28.567.5 acre tract and the east line of said Sage Creek Phase V,a distance of 196„50 feet to a 5/8"iron rod found for a re-entrant corner of said Custer tract and a northwest corner of said 28.5675 acre tract, Thence, South 88'00'00"East, along a south line of said Custer tract and a north line of said 28 56'7'5 acre tract, a distance of'99,00 feet to a capped 5/8"iron rod set for a southeast corner of said Custer tract and a re-entrant corner of said 28.5675 acre tract; Thence,North 00°15'00"West,along an east line of said Custer tract and a west line of said 28,5675 acre tract, a distance of 395,18 feet to a capped 5/8" iron rod set for the southwest corner ofa 29 acre tract of land conveyed to Ronnie Joe'tiousewright by deed recorded in Volume 2967,Page 281, Deed Records,Collin County,Texas and the northwest corner of said 28.5675 acre tract; Thence North 89°45'00"East,along the north line of said 28,5675 acre tract and the south line of said 29 acre tract,a distance of 11.05.95 feet to a capped 5/8"iron rod set for corner; Thence,South 07°47'16"West, a distance of 146.59 feet to a capped 5/8"iron rod set for corner; Thence, South 35'24'34"West, a distance of 175,22 feet to a capped 5/8"iron rod set for corner; Thence, South 00°04'26"East,a distance of 191,56 feet to a capped 5/8"iron rod set for corner; DEVELOPMENT AGREEMENT-WOODED CREEK ESTATES,PHASE 2 PAGE 17 OF 20 635702.1 Thence, South 0002822."East,a distance of 112.81 feet to a metal fence post on the south line of said 28,5675 acre tract for the northeast corner of said 27,4522 acre tract and the northwest corner of a 27.44 acre tract of land conveyed to Paul Taytor by deed recorded in Volume 645, Page 470, Deed Records, Collin County,Texas; Thence, South 0013'42"East,along the east line of said 27.4522 acre tract, the west line of said 2,7,44 acre tract and the west line of a 5.00 acre tract of land conveyed to Calvin E,Lennon by deed recorded in Volume 864,Page 279,Deed Records,Collin County,Texas, a distance of 1108.22 feet to a capped 518"iron rod set for the southeast corner of said 27.4522 acre tract and the southwest corner of said 5.00 acre tract and being on the north hue of said Lakeside Estates Phaselt, Thence, South 89"41'35"West, along the south line of said 27.4522 acre tract and the north line of said Lakeside Estates Phase IT,a distance of 1074.85 feet to the Point of Beginning and containing 1,818,329 square feet or 41,743 acres of land. DEVELOPMENT AGREEMENT-WOODED CREEK ESTATES,PHASE 2 PAGE 18 OF 20 635702.1 Exhibit"B" CONDITIONS FOR PLANNED DEVELOPMENT DISTRICT • ZONING CASE NO.2001-19 MANNEWITZ TRACT Wylie,Texas General Conditions: , This Planned Development District shall not affect any regulation within the Code of Ordinances,except as specifically provided herein. 2. All regulations of SP-8,5 District set forth in Article 2,Section 3.3 A3 of the Comprehensive Zoning Ordinance are included by reference and shall apply except as provided herein. Special Conditions: 1. The side yard setback shall be not less than six(6)feet or ten percent(10%)of the lot width at the building line,whichever is greater,not to exceed ten(10)feet,on each side. 2. A side yard adjacent to a street shall be not less than fifteen(15)feet. A side yard on key lots adjacent to a street shall be not less than twenty-live(25)feet, 3. Mandatory Homeowners Association 4. All open space and landscape to be maintained by the Homeowners Association. Landscaped entry feature with landscaped median. 5. The Village Residential District point standards for SE-8.5 District Zoning will be met for Village Land Design Requirements and Street and Sidewalk Requirements.The Architectural points requirement will be met,except that the Base Standard for units with same floor plan and same street elevation shall require four(4)lots to be skipped on the same side of the street and two(2)lots to be skipped on the opposite side of the street before repeating an identical floor plan with an identical elevation,and the Base Standard shall require a covered front porch to have a minimum of eighteen(18)square feet with a five(5)foot minimum width. 6. Minimum lot width of 60'at the building line. 7. Minimum lot depth of 100' for lots. 8. Avenge lot size for the overall tract will be approximately 8,500 square feet, 9. There will be no more than forty-seven(47)lots with a lot size less than 8,500 square feet, There will be no fewer than ninety-seven(97)lots with a minimum lot size greater than 8,500 square feet. No lot will be less than 7,200 square feel 10,An Amenity Center with pool and playground shall be required,and shall provide:trail access to the flood plain. All required parking for the Amenity Center shall be on-site, DEVELOPMENT AGREEMENT-WOODED CREEK ESTATES,PHASE 2 PAGE 19 OF 20 635702.1 EXHIBIT "C" PROPOSED DEVELOPMENT PLAN EXHIVI IT (3,, IL u 1 0000 00000000000000000 F 1; ��' Tim g u._m 4iu u'41 K,r dm— Li Ind fl,,, �'II"' �. ;,;A J � o-0 er , II 4E -TE E.T I E RE — EH LT" - I I - lu DEVELOPMENT AGREEMENT-WOODED CREEK ESTATES,PHASE 2 PAGE 20 OF 20 635702.1 Irk Wylie City Council AGENDA REPORT n+�y are z.yrs.� Meeting Date: October 22, 2013 Item Number: 1 (City Secretary's Use Only) Department: Planning Prepared By: Jasen Haskins Account Code: Date Prepared: October 7, 2013 Budgeted Amount: Exhibits: 7 Subject Hold a Public Hearing and consider, and act upon, amending the Zoning Ordinance regarding amendments to: Article 4 (Nonresidential Standards), Article 5 (Use Regulations), Article 6 (Special Purpose and Overlay Districts) and Article 7 (General Development Regulations) of the City of Wylie Zoning Ordinance No. 2001- 48, as amended, related to parking requirements; and Article 3 (Residential Development Regulations) and Article 6 (Special Purpose and Overlay District) of the City of Wylie Zoning Ordinance No. 2001-48, as amended, related to fences. Recommendation Motion to approve, amending the Zoning Ordinance regarding amendments to: Article 4 (Nonresidential Standards), Article 5 (Use Regulations), Article 6 (Special Purpose and Overlay Districts) and Article 7 (General Development Regulations) of the City of Wylie Zoning Ordinance No. 2001-48, as amended, related to parking requirements; and Article 3 (Residential Development Regulations) and Article 6 (Special Purpose and Overlay District) of the City of Wylie Zoning Ordinance No. 2001-48, as amended, related to fences. Discussion PARKING The Zoning Ordinance has rules and requirements for vehicle parking within the City of Wylie. Staff regularly reviews various sections of the Ordinance and updates are recommended to reflect current conditions within the City, recognize real world changes that may affect the application of the Ordinances, adjust for technological advances, and clarify wording that may have been, or has become, unclear. This section deals with recommended updates to the parking Ordinance. Exhibits A through E illustrate the recommended changes. The objectives of the update is to: a)Simplify and unify parking regulations and calculations; b)Reduce, where practical, the amount of required parking; c)Increase the amount of developable land within the city, d)Implement sound alternative parking standards. Staff's first objective was to simplify the calculations required to determine minimum parking for a given use. Currently there are eight different ways that are used to calculate required parking depending on the use. 1. Square footage of the building(s) 2. Square footage of the entire site 3. Number of Employees Page 1 of 4 Page 2 of 4 4. Number of seats 5. Fixed number based on Specific Use 6. Variable number based on Specific Use 7. Site Plan review 8. Various combinations of the above The proposed amendments reduces these eight to two: 1. Square footage of the building(s) 2. Site Plan review Each of the former eight can easily be redefined and reduced into one of the two latter categories. In most, but not all cases, number of employees and number of seats are a direct function of square footage and necessary parking can be accurately determined using that metric. Parking for all other uses could best be established by review on a case by case basis and finalized by the P&Z Commission's consideration of each site plan. In working to achieve the second of our stated objectives, reducing the number of parking spaces in the City, planning staff conducted two types of research. The first type examined other cities' parking requirements. The second examined how the current required parking spaces are being used in real world scenarios. Examining neighboring cities parking requirements resulted in a confirmation that our current parking requirements were overstating the number of spaces needed for a majority of the various uses. While some cities had similar parking requirements for a similar use as Wylie has, in almost all cases one or more cities required less parking for that use and/or had a simpler formula for determining that use. To determine parking capacity versus usage, a parking survey was conducted of several different local businesses at various days and times. The study proved that existing parking is never fully utilized, even at retail locations on peak shopping days. Based on the research staff recommends that the required parking for most uses listed in the Zoning Ordinance be reduced. As for our third objective, reducing the required parking could increase the value of the developable land within the city and that densities can increase, where appropriate. Undeveloped commercial or industrial land can develop at higher densities because less room will be required for parking. In addition, certain existing developments within the city could redevelop land currently used as parking. The greatest immediate advantage to the city is an increase in the tax base. Buildings and the uses they undertake are worth more financially than empty parking spaces. Other benefits could include aesthetic improvements, storm water runoff improvements, and improvements to the `heat-island' effect. Lastly, staff looked at various alternatives to the traditional minimum parking requirements. During the examination, staff looked to not only our neighboring cities, but cities such as Portland, OR and Austin, TX as they are widely regarded as the most progressive cities in terms of planning in the nation and in our state, respectively; taking into consideration the obvious differences (population, densities, differing vehicle types, driving habits, and access to public transportation). FENCING Both the Zoning Ordinance and the City Code of Ordinances have rules and requirements for fences within the City of Wylie. Every few years these Ordinances are reviewed and updates are recommended to reflect current conditions within the City, recognize technological changes that may affect the application of the Ordinances, and clarify wording that may have been, or has become, debatable. This section deals with recommended updates to the fencing Ordinance. Page 3 of 4 Exhibits F and G, illustrate the recommended changes. The purpose of the update is to: Separate, as much as possible, the functions of the Zoning Ordinance and the City Ordinance in regulating fences; Update the Ordinances to reflect Zoning Board of Adjustment decisions; Add or subtract sections to accommodate changes to other decisions and codes; And change wording to reflect the desire for a more general and living document style. Currently, the Zoning Ordinance contains part of the regulations for how a fence is constructed. For example, fence height is a function of construction as it can vary greatly depending on the type, location, and use of the fence. As much as possible, these rules have been moved to the City Ordinance. An exception to this general rule regarding the Zoning Ordinance is fencing within Special Overlay Districts. In such areas and where different, the Zoning Ordinance alters and supersedes the rules contained in the City Ordinance. In recent years, the Zoning Board of Adjustments has approved variance requests for fencing with the support of some citizens. Those requests, namely rail and post placement and the use of wooden posts are reflected in the changes to the Ordinances. Staff feels that the placement of rails and posts on the outside of the fence is reasonable if such placement is not visible from a public street. The use of wooden post as an acceptable material is debatable, as these are proven to require more maintenance, but are by some considered more aesthetically pleasing. The City Ordinance does address the maintenance issue by requiring fences to be properly maintained. Planning Commission Discussion PARKING The P&Z Commissioners were generally in favor of reducing the number of required parking spaces. One noted exception was the required parking for the Restaurant w/o Drive-Thru use. As shown in Exhibit A, the reduction in required parking would change the percentage utilized from 42% to 69%, with concern that this later percentage of utilization may be too high. Staff did change this requirement slightly to bring the percentage closer to 60%. The majority of the discussion centered on some of the more subjective ideas presented by staff. These included the introduction of a maximum parking requirement, allowing or mandating alternative surfaces, and allowing a certain percentage of alternate parking space sizes for smaller vehicles, and increasing the number of required handicap spaces. The Commission recommended the elimination of the maximum parking requirement which was presented at 25% over the minimum requirement. A majority of the Commissioners expressed concern that the requirement put too much of a burden on a developer with the options of exceeding the maximum requiring alternative parking or appealing to ZBoA. Staff has removed that requirement. The Commission also recommended limiting alternative parking surfaces to residential uses. Staff originally presented wording that would have allowed alternative surfaces to be used in commercial uses, but only on parking spaces that were not part of the required minimum. There were concerns regarding the durability and maintenance of the alternative surfaces. Staff presented an option to allow for 10% of the required parking spaces be smaller size spaces for compact cars and motorcycles. The compact car option was ultimately rejected due to there being no viable enforcement method. The motorcycle recommendation, however, was accepted. Page 4 of 4 Lastly, one Commissioner asked staff to look at increasing the number of required handicap spaces, currently set at one per 25 spaces. Staff researched State and Federal requirements along with the requirements of surrounding cities. Wylie's Zoning Ordinance is in line with those other entities. Therefore, the number of required handicap spaces remains as indicated in the current ordinance. FENCING The Commission was, in general, in favor of the recommended changes. Some discussion centered on the placement of rail and posts to the outside of the pickets and the use of wooden posts, with a majority of the concern focused on the post material. The Commissioners recommended approval of the Zoning Ordinance as recommended (because the placement and materials would be part of the City Ordinance, but urged Council to allow only metal as an acceptable post material. Recommendation Summary The following recommended amendments are beneficial for both the city and developers by increasing commercial densities and allowing for flexibility and clarity in the parking requirements. 1. Allowing up to 5% of parking spaces to be smaller for motorcycle parking. 2. Allow alternative surfaces to concrete in residential areas. 3. Splitting Grocery Store from the General Retail use, because our research into actual parking uses (outlined in exhibit A)has shown the uses to be substantially different in terms of parking requirements. 4. Changes in Sections 4 and 6 regarding placement of parking in front of buildings and within the overlay districts, respectively. 5. Changes to the layout in Section 5 to avoid repetitive and unnecessary verbiage. 6. Allow the placement of rails and posts to the outside of pickets if not visible from a public street. The Commission voted 7-0 to recommend approval. If approved, an amendment to the City Code of Ordinances to reflect the necessary changes will be on the next agenda for consideration and adoption. Planningn Zoning a Parking Reduction Planning and Zoning There are several objectives of this proposed amendment to parking requirements: • Simplify and unify required parking calculations • Reduce, where practical, the amount of required parking • Implement sound alternative parking standards • Increase the amount of developable land within the city Planning and Zoning Simplify and unify required parking calculations Currently there are eight different ways that are used to calculate required parking: • Square footage of the building(s) • Square footage of the entire site � • • Number of Employees � N . • Number of seats 0/40 • Fixed number based on Specific Use • • Variable number based on Specific Use • Site Plan review • Various combinations of the above Planningn Zoning a The proposed amendments reduces these to = (with a few exceptions): • Square footage of the building(s) • Site Plan review Planningn Zoning a Reducing the number of required parking spaces. Research into real world conditions : - Compared to other cities required parking `J = - How is existing parking in Wylie being utilized n Zoning Planning a How does Wylie compare to other cities? Parking for Commercial Uses 600 500 ::: kw- 200 —7*- ,"00/1111011.11111111161.-- 100 0 wylie alien piano garland richardson austin portland proposed Financial,General, Medical Officer ® Dry Cleaning/Laundry Grocery store<5000 sqft Grocery store>5000 sqft Personal Service Use •• • Average Planningn Zoning a How does Wylie compare to other cities? Parking for Industrial Uses 2500 2000 \ 1500 ' ••\\ . .• I. .N. .\ •••- ••.••• 1000 � �........................................ .....................................................y ................................................... � • • 500 0 wylie alien piano garland richardson austin portland proposed light assembly and fabrication office showroom - , , -warehouse/distribution center •• • Average PlanningZoning an How is existing parking being utilized ? Retail Grocery Used _— - - -- - Not Used Restaurant Industrial Planningn Zoning a Solutions : • Reduce the number of required parking spaces • Divide some uses into more focused categories • Allow parking spaces for non-cars • Al low a lternative parking surfaces i n some cases z \\ Planningn Zoning a How would proposed parking be utilized ? Restaurant Before Restaurant After Used Not Used Industrial Before Industrial After n Zoning Planning a How would proposed parking be utilized ? Retail Before Retail After Used Not Used Grocery Before Grocery After e a Planningn Zoning a Parking alternatives • Allow up to 5% of required parking to be smaller than 10'x20' standard Planningn Zoning a Allow residential parking to be on alternative surfaces. ,,, !_;_mr--iiiitif_- - --- -----74, -;-i-t F;1 ill--:,, 54,1-- _ _-1 -44 ,==-_=--- _ ______-_ _-__- or _ - _ -s _- - >_--____ --_ - --__- -__-_ _ ___- - _- _ - - �> s- - - - b 4-71 y r-A�A.- Ede re tra:nt-may oD1 metal - oast..3r-04-etE --__ \ .: �� _ - \ _-4 Sa€I mix we de seed_isdliis,,,,e 7 ---- _ =:A�AFV - -. _` A --_ _ Tt C=,41t<ile=taltcretgnu .. __ dtlr-rg send-gra�-.�€ - —,: - -�� ..A _- ��\- y-_ - _ - __ Ate__ y\y\V - __- -_ nS''' 'C�3�I�ismpacEA the9�cccret Santl • � - -_ - --_- _---` -- �� c>yVAv�� --= - ---_ - - - - = Pisa ayer-gra� racs:e,assn�r - - = ` VA s �?n minas mix compacted _- _` = -\,�. A - G�tent�€-seer tznnc as s eaed _ `_ - - -746 \ �_ \� --_- per sass dedde,ede -_--- Compacted native sods Planning and Zoning Benefits of reduced and alternative parking: • Less storm water runoff • Lower heat island effect • More usable land for development • Slightly higher densities Planningn Zoning a Storm Water runoff and Heat Island Effect: Due to infiltration of rainfall reduce runoff and the need for storm water retention Alternative materials and natural ground cover promote evaporation.... ....and cooling and evaporation. Concrete retains heat longer than soil or grass covered areas As a rule of thumb, energy use in medium cities, due to the increased demand for cooling from air conditioning, increases by approximately 2% for each 1 degree (F) === ___ ,J_____________ Planningn Zoning a ____ _ __ Home Depot — __________________ __ ,___„_._._=___..,.„ z_„_,_____,„ _ __ _ __ ,,____„,.,,..„. „=„ _ _- ____ _,=____ ________= __ ________,_ _ _ _ ..., _ _________ ,. ___ _______ _ „._ _________ _ . .._ _ _ _ ___ , __„______., __ _ ___„__________ ____„____,_ = -_ -- \� �` Has: 570 = - - s .. 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Entrances and/or facades oriented to the 1. Building at the front yard line. Placement street. 2. Individual buildings w/footprints = or< 10,000 2. Building footprints no greater than 20,000 square feet. square feet in NS and CR Districts. 3. Front facade oriented to the street. 3. Multiple buildings placed to create plazas, courtyards, landscaped areas w/connecting walkways. Parking o 1. Site plan with no more than 50% of parking a - c _. in front of the building. -- -� - � �� 2. Parking spaces at least 10' from residential 2. Building with no more than one row parking in lot line. front. Access Drives 1. Minimum width drive of 24', turning radius 1. Combined access points with adjacent tracts. of 25'. 2. Direct connection between buildings and street. 2. Access drive at least 150' from intersection. 3. Access drives serving developments greater than 30,000 sq.ft. shall have separated median, or be separated at least 150' from each other. 4. Landscaped treatment of entrances Location of 1. Service and loading areas shall not be visible 1. Not visible from public street but provide Service and from a public street or adjacent residential masonry screening. Loading Areas lot. 2. Developments unable to meet the above are required to have masonry screening walls w/gates. 9~ ( PTYOFVOp➢1 Zoning Ordinance FIGURE 4-11-BUILDING PLACEMENT Multiple buildings each no greater than 20,000 square feet Plazas, courtyards and landscaped areas 14• AIL4! 0 -:;..‘ 6 YA- ilL4,:12, f s''''' PI 'i iii jot '''6 A ihvh' 1 ilik 1 .-4111111111Mil * N.. 411111 :;: . -1- „.. \,., 0,;(1). ,,i,- - '....'n. • -•-.‘ .% I/ fk -411111) j'il, NJ 1.)il.......___.-.1.--- ,it/101 i ill '4)'Ar. , ' k if 'IP )11 ' . ,,,,,,k...... ___--.--- u• " �� No parking in front yard Entrances oriented to street b. Desirable Design Attributes (1) Locate buildings at the front yard line with no parking in the front. (2) Individual buildings with footprints no greater than 10,000 square. (3) Provide a direct connection between a building's main entrance and the public street, not using a portion of a parking lot. 2. Parking Placement a. Base Standard f1) Parking spaces shall be located at least 10 feet from the nearest residential lot line. b. Desirable Design Attributes (1) Provide site plans with no more than 50% of parking in front of the main building. (2) Provide site plans with no more than one row of parking in front of the main building. J1ij), ,y 0 v ciE Wy,n Zoning Ordinance FIGURE 5-3 LAND USE TABLES PERMITTED USES Residential Districts Non-Residential Districts Parking Low- Medium- High-Density Commercial Industrial Mixed-Use Density Density Residential Residential Residential A. Agricultural&Animal AG SF- SF- SF- TH M M NS CR CC BG L I H I DT SBO Related /30 1A/ 20/ 10/ F H H 30 26 24 1. Animal Boarding Kennel S S P 1 per 325 sqft of main with Outside Pens structure 2. Animal Boarding/Kennel S S S P* P* P* 1 per 325 sqft without Outside Pens 3. Animal Production P* Per approved Site Plan 4. Commercial Greenhouse P* P* P* S P 1 per 300 sqft of main or Nursery structure 5. Crop Production P* P* none 6. Stable(Commercial) S P* 1 per 3 stalls* P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit (L)=Loading spaces are required i ARTICLE 5: USE REGULATIONS ARTICLE 5: USE REGULATIONS C r1 caE yy:;,3 _ Zoning Ordinance vi PERMITTED USES Residential Districts Non-Residential Districts Parking Low-Density Medium- High-Density Commercial Industrial Mixed-Use Residential Density Residential Residential B.Residential&Lodging AG/3 SF- SF- SF- TH MF MH NS CR CC BG L I H I DTH SBO 0 1A/ 20/ 10/ 30 26 24 1. Assisted Living Apartment P* S P* S 1 per room(L) 2. Bed&Breakfast Inn S S S P* S P* P* P* 1 per room 3. Boarding or Rooming House P* P* P* P* P* 1 per room(L) 4. Hotel or Motel S P P P P* P 1.25 per room(L) 5. Manufactured Home P* P* P* P* P* P* P* 2 per dwelling 6. Manufactured Home Park P 2 per dwelling 7. Multifamily Dwelling P P* P* P 2 per dwelling 8. Single Family Dwelling, P P P* P* P 2 per dwelling Attached 9. Single Family Dwelling, P P P P P 2 per dwelling Detached P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit (L)=Loading spaces are required 2 1_,_ ARTICLE 5: USE REGULATIONS G r 1 (')1-WO I( Zoning Ordinance vi PERMITTED USES Residential Districts Non-Residential Districts Parking Low- Medium- High-Density Commercial Industrial Mixed Uses Density Density Residential Residential Residential C.Institutional&Community AG/ SF- SF- SF- TH MF MH NS CR CC BG L I H I DTH SBO Service 30 1A/ 20/ 10/ 30 26 24 1. Cemetery or Mausoleum S S S S S S P Per approved site plan 2. Church/House of Worship P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* 1 per 250 sqft* 3. Civic Center PPPPPP P P 1 per 300 sqft 4. College or University S S S S SPPPP 9 per classroom* (L) 5. Cultural Arts Facility P* P* P P P P P P 1 per 325 sqft(L) 6. Day Care Facility S S S S S P* S P* P* P* P* P* P* P* 4 per classroom* 7. Group Home P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* 1 per 2 beds 8. Hospital or Sanitarium P P 1 per 2 beds(L) 9. Library PPPPPP P P 1 per 325 sqft 10. Mortuary or Funeral Home S P P 1 per 250 sqft 11.Nursing,Convalescent P* P P 1 per 4 beds(L) Home or Hospice P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit (L)=Loading spaces are required 3~. ARTICLE 5: USE REGULATIONS C r 1 C'W WYLIE Zoning Ordinance PERMITTED USES Residential Districts Non-Residential Districts Parking Low- Medium- High-Density Commercial Industrial Mixed Uses Density Density Residential Residential Residential C. INSTITUTIONAL& AG/ SF- SF- SF- TH MF MH NS CR CC BG L I H I DTH SBO COMMUNITY SERVICE, 30 IA/ 20/ 10/ CONT. 30 26 24 12. School(Public or Private) P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* 1.5 per classroom(L) Elementary 13. School(Public or Private) P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* 7 per classroom Secondary 14. School,Business P P P P P 9 per classroom 15. School,Technical or Trade P P P P 9 per classroom(L) P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit (L)=Loading spaces are required 4 -_ ARTICLE 5: USE REGULATIONS G v cir' ,, Zoning Ordinance PERMITTED USES Residential Districts Non-Residential Districts Parking Low-Density Medium- High-Density Commercial Industrial Mixed Uses Residential Density Residential Residential D. Office AG/ SF- SF- SF- TH MF MH NS CR CC BG L I H I DTH SBO 30 1A/ 20/ 10/ 30 26 24 1. Financial Institution (with S S P P 1 per 400 sqft(L) drive-thru) 2. Financial Institution(without P P P P P P P 1 per 300 sqft(L) drive-thru) 3. Financial Institution, S S S S S S S 1 per 250 sqft(L) Alternative 4. General Office P P P P P P P 1 per 400 sqft(L) 5. Medical Clinic P* P P P* P* P P 1 per 350 sqft(L) P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit (L)=Loading spaces are required P, 5 iN ARTICLE 5: USE REGULATIONS G r 1 (')1-WO I( Zoning Ordinance vi PERMITTED USES Residential Districts Non-Residential Districts Parking Low- Medium- High-Density Commercial Industrial Mixed Uses Density Density Residential Residential Residential E.Recreational,Entertainment AG/ SF- SF- SF- TH MF MH NS CR CC BG L I H I DTH SBO &Amusement 30 1A/ 20/ 10/ 30 26 24 1. Commercial Amusement or S P S S 1 per 300 sqft Recreation(Low-Density Inside) 2. Commercial Amusement or S P S S 1 per 100 sqft Recreation(High-Density Inside) 3. Commercial Amusement or S S S Per approved SUP Recreation(Outside) 4. Community Park,Recreation P P P P PPPPPP P P P P Per approved site plan Center,or Golf Course (Public) 5. Country Club or Golf Course P P P P P P P S S P P P 4 per green (Private) 6. Golf Driving Range S S S S S S S S S S 1.25 per tee(L) 7. Health Club P* P* P* P P P P 1 per 200 sqft 8. Neighborhood Park or P P P P PPPPPP PPP P P Per approved site plan(L) Playground 9. Sexually-Oriented Business P* 1 per 150 sqft(L) 10. Shooting Range,Indoor S P 1 per 400 sqft(L) 11.Theater P P S P P 1 per 200 sqft P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit (L)=Loading spaces are required 6 ARTICLE 5: USE REGULATIONS G r 1 (')1-WO I( Zoning Ordinance vi PERMITTED USES Residential Districts Non-Residential Districts Parking Low- Medium- High-Density Commercial Industrial Mixed Uses Density Density Residential Residential Residential F.Retail,Personal Service& AG/ SF- SF- SF- TH MF MH NS CR CC BG L I H I DTH SBO Commercial 30 IA/ 20/ 10/ 30 26 24 1. Animal Clinic or Hospital S S P P 1 per 400 sqft*(L) 2. Automobile Rental S P* P P* P 1 per 400 sqft*(L) 3. Automobile Repair,Major S S P 1 per 400 sqft(L) 4. Automobile Repair,Minor S P P P S 1 per 300 sqft(L) 5. Body Art Studio P* P* 1 per 150 sqft(L) 6. Car Wash S S S Per approved SUP(L) 7. Club or Lodge(Non-profit) P P P P P 1 per 200 sqft(L) 8. Contractor's Maintenance S P 1 per 500 sqft main structure Yard (L) 9. Dry Cleaning or Laundry, P P P P P P* 1 per 350 sqft(L) Drop-Off or Self Service 10. Cleaners(Commercial) S P* P* 1 per 1000 sqft(L) 11. Equipment Rental S S S P P 1 per 500 sqft main structure (L) 12.Food Processing S P* P P 1 per 1000 sqft(L) 13.General Merchandise Store P P P P* P P P 1 per 400 sqft(L) P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit (L)=Loading spaces are required ARTICLE 5: USE REGULATIONS 7 G v ciE yy: ,; Zoning Ordinance PERMITTED USES Residential Districts Non-Residential Districts Parking Low- Medium- High-Density Commercial Industrial Mixed Uses Density Density Residential Residential Residential F.RETAIL,PERSONAL Svc& AG/ SF- SF- SF- TH MF MH NS CR CC BG L I H I DTH SBO COM.,CONT. 30 1A/ 20/ 10/ 30 26 24 14.Grocery Store S P P P P 1 per 300 sqft(L) 15.Home Improvement Center, P P P 1 per 400 sqft(L) Lumber,Brick,or Building Materials 16.Household Equipment& P P P P P 1 per 500 sqft(L) Appliance Repair 17.Motor Vehicle Fueling S P P P P Per site plan(L) Station 18.Pawn Shop P 1 per 250 sqft(L) 19.Personal Service Use P P P P P P 1 per 250 sqft(L) 20.Restaurant with Drive-in or P* P* P* 1 per 150 sqft*(L) Drive-through Service 21.Restaurant without Drive-in P* P* P* P* P* P* P* P* 1 per 75 sqft*(L) or Drive-through Service 22.Truck,Machinery&Heavy S P 1 per 600 sqft of main Equipment Sales,Service or structure(L) Repair 23.Vehicle Display,Sales or P P 1 per 500 sqft*(L) Service 8 -_ G v ciE WN,; Zoning Ordinance PERMITTED USES Residential Districts Non-Residential Districts Parking Low- Medium- High-Density Commercial Industrial Mixed Uses Density Density Residential Residential Residential F.RETAIL,PERSONAL Svc& AG/ SF- SF- SF- TH MF MH NS CR CC BG L I H I DTH SBO COM.,CONT. 30 1A/ 20/ 10/ 30 26 24 24. Beer&Wine Package Sales P* P* P* P* P* P* P* 1 per 250 sqft(L) 25.Antique Shop(Inside Sales) S P* P* P* P* 1 per 250 sqft(L) 26. Secondhand Goods S P* 1 per 250 sqft(L) 27.Used Merchandise S P* P* P* 1 per 250 sqft(L) Resale/Consignment or Thrift Shop P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit (L)=Loading spaces are required 9 -_ ARTICLE 5: USE REGULATIONS G r 1 (')1-WO I( Zoning Ordinance vi PERMITTED USES Residential Districts Non-Residential Districts Parking Low- Medium- High-Density Commercial Industrial Mixed Uses Density Density Residential Residential Residential G.Utility,Transportation& AG/ SF- SF- SF- TH MF MH NS CR CC BG L I H I DTH SBO Public Service 30 IA/ 20/ 10/ 30 26 24 1. Airport,Heliport or Landing S P P Per approved site plan(L) Field 2. Animal Shelter P P 1 per 750 sgft of main structure 3. Commercial Bus Station, S P P Per approved site plan(L) Terminal or Service Facility 4. Commercial Radio or TV S S P P Per approved site plan(L) Transmitting Station 5. Electric Substation or Gas S P Per approved site plan Regulator Station 6. Helipad S S P P Per approved site plan 7. Local Utilities P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* Per approved site plan 8. Mounted Antenna S S S S S P* P* P* P* P* P* P* P* P* none 9. Police or Fire Station P P P P P P P P P P P P P P Per approved site plan 10.Post Office S S S S P P P P P P P P P Per approved site plan(L) 11.Radio,Television or S S S S S Per approved SUP Microwave Tower 12.Railroad Yard P Per approved site plan P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit (L)=Loading spaces are required to ARTICLE 5: USE REGULATIONS G r 1 C'W WYLIE Zoning Ordinance PERMITTED USES Residential Districts Non-Residential Districts Parking Low- Medium- High-Density Commercial Industrial Mixed Uses Density Density Residential Residential Residential G.UTILITY,TRANS.&PUBLIC AG/ SF- SF- SF- TH MF MH NS CR CC BG L I H I DTH SBO SERVICE,CONT. 30 IA/ 20/ 10/ 30 26 24 13. Sewage Treatment Plant S Per approved SUP 14.Telecommunications Tower S S S S S S S S S S S P" P" Per approved site plan 15.Telephone Exchange without S P S P P Per approved site plan Shops or Offices 16.Transit Passenger Shelter P P P P P P P P P P P P P P P Per approved site plan 17.Utility or Government S P P S S S P P S S Per approved site plan Installation other than listed 18.Water Treatment Plant, P P Per approved site plan Reservoir or Water Storage P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit (L)=Loading spaces are required 1 ARTICLE 5: USE REGULATIONS v ciE yy: ,; Zoning Ordinance PERMITTED USES Residential Districts Non-Residential Districts Parking Low- Medium- High-Density Commercial Industrial Mixed Uses Density Density Residential Residential Residential IL Industrial&Manufacturing AG/ SF- SF- SF- TH MF MH NS CR CC BG L I H I DTH SBO 30 1A/ 20/ 10/ 30 26 24 1. Asphalt or Concrete Batch S Per approved SUP(L) Plant 2. Industrial(Inside) P* P* 1 per 1000 sqft(L) 3. Industrial(Outside) S S Per approved site plan(L) 4. Light Assembly& P P P 1 per 1000 sqft(L) Fabrication 5. Mining S S Per approved SUP 6. Printing&Publishing P P P P* P* 1 per 750 sqft 7. Salvage or Reclamation of S 1 per 1000 sqft(L) Products(Inside) 8. Salvage or Reclamation of S Per approved SUP(L) Products(Outside) P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit (L)=Loading spaces are required 12 ARTICLE 5: USE REGULATIONS C IN ciE WO I( Zoning Ordinance w PERMITTED USES Residential Districts Non-Residential Districts Parking Low- Medium- High-Density Commercial Industrial Mixed Uses Density Density Residential Residential Residential L Wholesale,Distribution& AG/ SF- SF- SF- TH MF MH NS CR CC BG L I H I DTH SBO Storage 30 1A/ 20/ 10/ 30 26 24 1. Auto Auction S Per approved site plan*(L) 2. Contractor's Maintenance P* P P Per approved site plan(L) Yard 3. Freight Terminal P Per approved site plan(L) 4. Landfill S Per approved SUP 5. Livestock Auction Pens or S Per approved SUP(L) Sheds 6. Mini-warehouse(Self- S S 1 per 20 units* storage) 7. Office S P P P* P 1 per 750 sgft(L) Showroom/Warehouse 8. Outside Storage P P Per approved site plan(L) 9. Recycling Collection Center S S S P Per approved site plan(L) 10. Warehouse/Distribution S P 1 per 1500 sqft(L) Center P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit (L)=Loading spaces are required ARTICLE 5: USE REGULATIONS G r 1 (')1-WO I( Zoning Ordinance w PERMITTED USES Residential Districts Non-Residential Districts Parking Low- Medium- High-Density Commercial Industrial Mixed Uses Density Density Residential Residential Residential J.Accessory Uses AG/ SF- SF- SF- TH MF MH NS CR CC BG L I H I DTH SBO 30 1A/ 20/ 10/ 30 26 24 1. Accessory Agricultural P* S None Buildings 2. Accessory Community P* P* P* P* P* P* P* P* P* P* P* P* 1 per 300 sqft Center(Private) 3. Accessory Game Court P* P* P* P* P* P* P* P* P* S P* P* None/Per approved site plan (Private) 4. Accessory Outside Display P* P* P* P* P* P* None of Merchandise 5. Accessory Outside Sales P* P* 1 per 500 sqft 6. Accessory Outside Storage S P* P* None 7. Amateur Communication P* P* S S S P* P* P* P* P* P* P* None Tower 8. Caretakers S P P PP P P P P P 1 per 1000 sqft Quarters/Domestic or Security Unit 9. Home Occupation P* P* P* P* P* P* P* None 10.Private Stable P* P* None 11. Swimming Pool(Private) P* P* P* P* P* P* P* P* P* P* P* P* S S None P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit (L)=Loading spaces are required 4 G IN caE WO I(_ Zoning Ordinance w PERMITTED USES Residential Districts Non-Residential Districts Parking Low- Medium- High-Density Commercial Industrial Mixed Uses Density Density Residential Residential Residential K.Temporary Uses AG/ SF- SF- SF- TH MF MH NS CR CC BG L I H I DTH SBO 30 1A/ 20/ 10/ 30 26 24 1. Christmas Tree Sales T T T T T T T T 1 per 1000 sqft* 2. Occasional Sale/Garage Sale P P P P P P P T T None 3. Seasonal Sales Stand T T T T T 1 per 1000 sgft* 4. Temporary Concrete or T T T T T T T T T T T T Per approved site plan Asphalt Batch Plant 5. Temporary Construction T T T T T T 1 per 300 sgft* Yard,or Construction or Sales Office 6. Temporary Crop Production p T T T T T T T T T T T T T none 7. Temporary Grazing T T T T T T T T T T T T None 8. Temporary Living Quarters T T 2 per dwelling 9. Traveling Show,Carnival or T T Per approved site plan Circus P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit. (L)=Loading spaces are required 5 ARTICLE 5: USE REGULATIONS ARTICLE 5: USE REGULATIONS C v 5 \y , _ Zoning Ordinance THIS PAGE INTENTIONALLY LEFT BLANK 6 ARTICLE 5: USE REGULATIONS C'i v Hsu wti is Zoning Ordinance SECTION 5.2 LISTED USES All permitted districts, required parking, and loading are outlined in Section 5.1 Land Use Charts. A. A, Agricultural&Animal-Related Uses 1. Animal Boarding/Kennel with Outside Pens A. Definition: A facility or area for keeping 4 or more dogs, cats, or other household pets outside, or where grooming, breeding, boarding, training or selling of animals is conducted as a business. This use does not include Animal Clinics or Hospitals. .... TMIII I1111111i ed IIIS III S p IItl 1111'S i p'p', 0 .... ° TM oRt i11"ti ,W. p,01C'. p pq p",'10",p'y ,km lJr(), ."p01xln' 1p"101 p Pn .c1 r 1p .. V,_r 2. Animal Boarding/Kennel without Outside Pens a. Definition: A facility or area for keeping 4 or more dogs, cats, or other household pets, or where grooming, breeding, boarding, training in conjunction with selling of animals is conducted as a business, and where all activities are conducted indoors. This use does not include Animal Clinics or Hospitals. e. Additional Provisions: All permitted districts when adjacent to a residential use: (1) Rooms containing cages or pens are not permitted to have windows, doors, or other penetrations on exterior walls. (2) Areas designated for holding, boarding, or grooming of pets are limited to no more than 10 percent of the gross floor area. r aad Wviii Zoning Ordinance 6. Stable, Commercial a. Definition: Commercial stable means a facility for the business of boarding or renting horses to the public. e. Additional Provisions: All permitted districts: (1) Commercial stables shall require at least a five acre area. Animal/land ratio shall comply with requirements of the City of Wylie Health Code. (2) A commercial stable shall have sufficient drainage and other facilities so as not to create offensive odors, insect or rodent breeding, or other nuisances. (3) A pen, corral, or similar enclosure shall have a minimum front setback of 50 feet and a minimum side setback of 30 feet from the property line. In addition, they may not be located any closer than 100 feet to the dwelling on the premises or 100 feet to any property line. This provision does not apply to perimeter fences which may be located along the property line. c4) Additional parking may be required for the parking of trailers if any events are planned or conducted on the property which will draw horses from other stables or other conditions are specifically identified that require parking of horse trailers on the property. 'yis 'i v Hsu wti is Zoning Ordinance 1. Financial Institution, with drive-through a. Definition: Bank headquarters or branch of a financial institution with drive-through window means a facility granted a charter under the Texas Department of Banking as a state-chartered bank, savings and loan, or credit union for the custody, loan or exchange of money, and the extension of credit that provides drive-in window service for customers in motor vehicles. This term excludes a check cashing or payday loan establishment, loan or mortgage broker, stockbroker or other financial institution without a state bank charter. An automatic teller machine is not considered a bank. e. Additional Provisions: (1). The minimum stacking space for the first vehicle stop for a commercial drive- through shall be 100-feet, and 40-feet thereafter, for any other stops. J191i`f Zoning Ordinance 7. Neighborhood Park or Playground a. Definition: Neighborhood park or playground means a recreation facility or park owned or operated by a public agency and available to the general public, typically under 10 acres in size and equipped with passive recreation facilities and limited equipment which draws patrons from the immediate neighborhood. b. :,!...4,;]slalittol:st istrie -See Sitse iiitiarts -S Reiff Hetes" st!ikt ,;g; (4)----Nefie.whei+-448)..4+Sk',"4:. iiMiS(4448,44232i)Ofeti(ifi(tiiii?„)) (.43))2(((ifi((:)&fflf)tetRAy(44!)4444?„i.(42N0)444tift(62fetii4ofitifti(4443)ittft401(11E)434) tE)(fi4)Fb,lti!)(44FE)i4i)Oititieti(4,343)Y'4,4.1Ft)::12f)tttyf,))+)E)t)t*)::1)e,qtltif)+Ftefi42(E),FKi (24))2iS'fi))q)f)dji),e))(Rt(tE)))R''Q()44Q)))A#)1((f!)i((tttfftef"StfiM)t2 (2)- Vild)(2:111 f)(12221112 i221(2)11)22:2(1) flkiifillibef) Shall 1))) i)(22e21121ifiked diftift Site 121(1)::111:.( ) The 220120Sed-19)))) et)Fe02221(1)(22 tiSeS (121)12 1211212 epeflitifig 4„))121)))„52221(2211))2„) (12) -2212e,FiEM91)))) N))))21-Sifleihif he'reatiOli 21121:3: ((e) The 2))21())))))12 2)Ehichhai Staiii)(221) (24))))22M22232112i2)- .:1),- 1„222)212) 1))+122222) 2afilhe 4)(2212) („))2112- 22)):: &Very- (1)3(12)))02:11(21 15-0' -SEltiafe 4))et ((i( ch)(22 -area 2)(:)212(1))'22 eVe22 )2122222211(211:„): )2212)„): 1)),2 ielagtich e. Additional Provisions: P.,,,k3fle;(ii;........:;) oine parking is required wli(m.the itiitLs 1)0(11451191trlicallf)4114ctica jtagy,Q1„,„„fligLYSD?1,1)11cLczcuji„jp,m,calt,:;„„„ajad, c .siti:ir or 1 arger street Otherwise parking is determined by the site plan. <iff"M"1 CI]y(ii Wyl Zoning Ordinance 9. Dry Cleaning or Laundry, Drop-Off or Self Service a. Definition: Dry cleaning, laundry store means a facility for the cleaning of garments, principally for individuals. This use may be either: (1) a facility where patrons do their own cleaning; or (2) a facility where the cleaning is done by employees of the establishment. e. Additional Provisions: (1). The minimum stacking space for the first vehicle stop for a commercial drive- through shall be 100-feet, and 40-feet thereafter, for any other stops. 2 . DTH:No drive through window service. 21 j I ARTICLE 5: USE REGULATIONS Zoning Ordinance 22 , 111.."2zequife(1 -Si3Etees le.10'.11elOr.'''1111111 1:hit 1:10: 111: '11111.:!111.4.,`,'1711911: ARTICLE 5: USE REGULATIONS ('IlYirr WY! ii Zoning Ordinance S uare iii"eei of #4 ko Required 1,uading Spaces i"'n iron T44,) F„ l0 h al '10 a 0 13. General Merchandise Store a. Definition: General merchandise means a retail store for the sale or trade of general merchandise Typical general merchandise includes clothing and other apparel, equipment for hobbies and sports, including bicycles, gifts, flowers and household plants, dry goods, toys, furniture, antiques, books and stationary, pets, drugs, auto parts and accessories, and similar consumer goods. The term "food store" includes a grocery, delicatessen, and convenience and specialty foods stores. This use does not include other uses in this article that are specifically listed. b. Additional Provisions: None 14. Food Store a. Definition: Food store means a retail store for the sale of food. This definition includes general merchandise stores, such as convenience stores, supercenters, and pharmacies that have 20% or more of the floor space, including aisle space, dedicated to food stuffs. This use does not include other uses in this article that are specifically listed. b. Additional Provisions: None 'i v Hsu wti is Zoning Ordinance 20. Restaurant with Drive-in or Drive-through Service a. Definition: Restaurant with drive-in or drive through service means (1) A restaurant with drive-in service is an establishment principally for the sale and consumption of food where food service is provided to customers in motor vehicles for consumption on the premises. (2) A restaurant with drive-through service is an establishment principally for the sale and consumption of food which has direct window service allowing customers in motor vehicles to pick up food for off-premises consumption. e. Additional Provisions: �1). The minimum stacking space for the first vehicle stop for a commercial drive- through shall be 100-feet, and 40-feet thereafter, for any other stops. (2) CR District: Drive through and stacking area shall not be located adjacent to residential uses. (3) The "Additional Provisions" listed in paragraph 21, subpart e., below, for "Restaurants without Drive-in or Drive-through Service" shall apply to Restaurants with Drive-in or Drive-through Service that sell alcohol. 1J24JI Zoning Ordinance 11. IL Industrial & Manufacturing Uses 1. Asphalt or Concrete Batch Plant a. Definition: Asphalt or Concrete Batch Plant means a permanent facility or area for the mixing of concrete or asphalt. Or'0111 I Or' S 0111, 1 S '") 4,s Rag e ' ro Iola,: p 'i) 1J1(), ri s , Su pare lilo()r Psee aired ISosiding Spaces rett F4h,11 addil iCTEVfl 0,1 Onli b:16 n ‘H!:')1 a. Additional Provisions: None 25 'JO Zoning Ordinance 1. Christmas Tree Sales a. Definition: A Christmas tree sale means a temporary facility for the sale of Christmas trees and related seasonal decorations. 1113,-,yugf,Nrfhirti:,;m,t-tvisrriersf-See4..ohEi-Use-chart,s-ih-Se3:ti,eh-:':5T1,-,:- Required Prkrkifigih-Ofle-spaeeHr6f:-ev:erv-:5-rg,0-sfptareHkaet-er-theils,h:Aa3-exeh.tsive-ef' parkipg. Ofi;-strexX--parkihg--rixptirefhehts--tiw---thi,,s--osep-rroy--be--setisfirExi-by--osi,hg exi,,s4i,og-porlki,,hg-spoees-fof-ethix,-oses-4,434:Atewithi,o-6,00-4::im4--ef-thep-C;Wisthta,s-trim4,. tot,--of-hy--previdihg-teht.pefory--parlkihg-4poees--tb.at--44e--rx-*-44.fie4:1y-4::x4hp1v-whb-tb.e.p G;i,ty2-s-nti44tftxAtnpaftEing--4::.,,)offs,t4;tteti,,oft-fetittifenRentsn-L,14i.entoftetet*o-nofntiti,s-n:,:tsent4tat7t 4et*H4Fis,tfatennt&nthennsotistitoti,,onnnot:-thenogitn.tt4i,,ftg7,04fkin4.o4tEtttnt4;mvofttfyn-ofP-stftoA pflflk fi:+ADE4ig4y*Ribli-!AGG4E).'":',H":'pl-fNM;Ni4F14E-PoVil,':4NG-7'NikifiDS-40f14F14E-44SEpt-,.ANI) • e. Additional Provisions: (1) A temporary permit may be issued for a period of 60 days for this use. The Building Official may grant one 30 day extension of the temporary use permit if the use has fully complied with all applicable City ordinances and conditions of the temporary use permit. (2) Upon completion of the temporary use, the site shall be cleaned, all evidence of its use removed. c3) .1,1§jng„„„„„c2s1§11011 patkj,n,g„„„„„wacg„§„„„„,fig„„„,g,thczE„„„,31,5gA„„„J,,m,atgcLydthjB5S)f) tkcac?f:lhcz (,,:hd,,afn,m„„„,tcgg,„„„J„c,A,,, ,(„,:jty„:,§„„„„„„c,?tfztitnzgt,„„„„f2gttlsjn&sgntatttts,lign„„„„„tImtjf,cttnsznt§,,„„„„„„„:,,„Ltnz„„„„„„ogDtoK,„„„„„„c,It,,„„„tnj,,5„„„„„,og ,b,qlj,„„„,,,dgtns,?nAttAtcz„„„n,?jfkcz *WJcaic?Bgt:tb,gJ...bluthEuksttbKao,...aLsgw.2„cggy„„„„Qtt:„:„ Attga„„,124-dsing,„„„,maglz,;„: ad.(..:,,cuJatoyc,;;cggtg...!pdptcLthpRidsh,gD: zcb J-AittgA.pg;,,,Attcl a(ivortiqty„„„AtIotttotnyippptlitqL„„,..11§ott,... tntTgnil cirry OF wti is a. Zoning Ordinance 3. Seasonal Sales Stand a. Definition: Seasonal sales stand means a facility for the sale of agricultural products that are seasonal in nature. .... re,;rievittilei l gist 111 iet Se I a nWrd Use (.311eies -Sek:,ie ri 5 :L... iiii.""gel a ilein gi _arse !sgtassi" ete e y .tt iteirt e feet Olt laNP°tttetitee &Feet -044:tettet0A Sta.t It irtlt--fsttlt.tit=ttsftttfitte-list -ehtf ete t-t"tatty letseefitieiitt l..lertttstrtg ettteftfittf ftEtAtiftetteftEteett litt--t tat ee+etas leett fed1 wi a"tir -5 --ii .- i`-ft e ,i"i ettf r Seasonal Sales Standen-1€ :; att-ley,:ytt ovnlin-tenth inn --pefli in--s5 .ee --that-do- t tit to l ,eens tl ..wii.it,th - ii s,, atiiP®st:ft ti:..-po ltifn eonolstet;isistt"t---Ftttlttifennon s....A ittt....ofketnto .. ot:-isl"i t...,,ttett....s4ntll- dfnntst"tstfat t to---R.h eoti tittt,iion—o `..tl tt. 134etitli l i" i l-eiol—that.--R nnpot"t ft:-si:fin Sta.t It irtx t-syteee f 4+-"I4,i i�"x i n4v;F 4, t:?i.i - d:QID54 EAFil ii -FkAR-i ING- €4E+i - ",,., i i i44S4 t i e. Additional Provisions: (1) No product may be placed for sale or display and no structures used for a temporary seasonal sales stand closer than 50 feet to the public right-of-way. (2) No temporary seasonal sales stand may have more than 3,500 square feet of floor area. (3) Upon completion of the temporary use, the site shall be cleaned, all evidence of its use removed. c4) this a �st t"uuay �d �sati,tuslta tl icy a "stlll t�� t"s�,tllul, l�ttml<in spa t�;a��s litm other utsstis within OO laud, ol` the Seasonal Sales Stand,. or by Sprovidiwi i.a;ttnporatly Saari<iusuli �spaa,aii i.iuttt alit ynt. isiria,i,y a;att"tt5aly. with ih ("tl,y' "s tall° �si,ma aai,, as rkin a,ttu�u�sl,mtta,i,ion a s aluti,ma;t"u"ua nl�,"s. ba��atp ra l�,o ol`this tt"sa "shaall ala;t"u"uatu"u"s�,talk i,o l�,lua "sa U sl�ta,l�,ion of l�,lua; Bu ilalin l"illta,tatl l�,l"uaai l�,a t"u"ul'o att y,. till.dsi.ma a 1,patrl<t uli �.Sa�ta,a :. ala;alutl i.a ly ata;t;ttt"tut"ttatala 4.a .ilea pattl<iuuli tua,a,al�s ol`the ut�saa a u al. 2 Will r wit aalw;'m"sa ly atllax,i, "vuaaata IR,1:tll"u a e"s.. 4. Temporary Concrete or Asphalt Batch Plant a. Definition: Temporary concrete or Asphalt Batch Plant means a temporary facility or area for the mixing of concrete or asphalt. t ..-. leceernitted I0llls 111 eta st):::ENA teettetet tele t tllt"M +Het Set'gdtelet d';q"Nf tq ler' teeth...'Hitt teitetee effete fee gtataetteVt, Ste fettle tleuu l e II1eeuttq flee te,ue eeaeu„ a'i v Hsu wti iaa. Zoning Ordinance iLFrNO�G'AI*V}li xi i ix..i' ii JN ) JrF e. Additional Provisions: All permitted districts: (1) Concrete and asphalt mixed on site shall only be furnished to the specific project for which the temporary use permit was issued. (2) The Commission shall review requests for renewal of the permit if the specific project requires an extension of time. (3) The temporary batch plant shall be located and operated in such a manner to eliminate unnecessary dust, noise and odor. (4) On-site fencing, screening, or buffering shall be provided so that adjacent properties are protected from hazards and negative impacts. (5) Any public improvement that is damaged during the operation of the temporary batch plant shall be repaired or replaced. (6) All equipment, materials, and debris shall be cleared off the site and the site shall be completely cleaned upon completion of the project. 7) 1)aari< f :ha"v a"aka y l�a� sad by pra Vad Pan pa„raary o par�ll� space's "1,1-)aat do not C.i / corapply with ity 1"a o ll 'ba rkini„i, con si,ruicti on ra alurara„,aaueras. has aopaaraai:aar Of thi"v arSa, Shaaii de in 1,0 the Safi on of "1.1:a" iiuriiaiirug; i"iliiCi al if at Pan paaa awry aaa�i,yaaari<prul space': 11 i aiaia aquraila,iy ac corn aas oaiate iiva 'ba ri<arug roved a of i.iva.. Imes,., and (2 will rad adversely aa'lla,a,i, surrounding uses.. 5. Temporary Construction Yard, or Construction or Sales Office a. Definition: Temporary construction yard, or construction or sales office means an area for the temporary storage of building materials and equipment necessary for the construction of a permanent use, and/or, a facility temporarily used as a construction or sales office. a ..-. aTMlll III 111 ell flllSi aaa r 0°004:St:III IIv01 siaaaaf 00 VuvI0SI3 'a(Iv tl0 3 0 µ lamarlaan ..lirr-ih ii-uherrnityabti a: t iedsb -providing lastriporturorra as.ra,iiitspuking aaal°aaae a--that-- -1"101: si.rictiliyhoorrapl ...with City'-a-arll a.ra a,i, paaria in a,arraaaraa,isiara...aaaaairaraaaria.....�'iaa... 1ara.ai.arr:,: ari"..i.laaa aaaaa alaaii ia-raarraaa.ra:a.a .ar:,i.laa r ati aiiiaaai.ionsofithe i aaiiaiira -i-ilia,iaal th aiidera~apa-raar ariiasrtrtad aar ingiowa aaaaar DEQU, =I EPA.-AAND)MMOD D i liar I i a i ai-ai Of01 i i A a, i t- ^-'\o i NO} 4DVE -AI+E T : l N�.0U DING- ARD e. Additional Provisions: All required districts: 8 J% ARTICLE 5: USE REGULATIONS 'i v Hsu wti iaa. Zoning Ordinance (1) Limited to on-premise construction purposes associated with the properties within the same platted subdivision. (2) This use shall be discontinued after subdivision construction is 90 percent complete. c3) Parking liff t i 5. 0 a"naay bo data"dh d by provuaqungg„to inporaary oil "vi,adb:i, parking v ba 6aod that do noot glib fly 6,oinply with tbd ("alry'"v oil "vtad"ot parking 6,ondifi.6aturn r"(Al u of and raid q ho oyaa ratter of ihid udo "vbaagq agd"anondifal G 10 iho daiidlacflon of i.ba gluagqaqquug; i iq m al that ictn orary o1111 gift u�i.parking "vpa bra ( J adaaaquat ly oininodat.a tho parking noodd of i.ba" uauae, and. (2J will not adv rdely r"(minding a w;"v.. 1J29jI1 v4.)F Wy LAE ZONING ORDINANCE EXHIBIT D c. Parking Phiceimml for Residential and Nonresidential Uses (1) Parking for si High( Vital( residential use shall be on site and conform to standards for residential uses in other single family districts. (2) Parking r64" HJOHJI"e4,411eW4d 'Nes in oNalimen:eill sOludures allTgil be pr(vveieqi off- set?) [nom II-hc„?; main use or behind 0 kle; use we h fioin II-hc„?; applembh3 RAN d CI,q a II LI, S n g ha S »nits 0 have si e pa rkin 1g 11,c 11 (3) Parking 11e14 nonneselekliall uses in nese h,m0 swachares skald be ILmehincll andlor Ohe sele Ohe main sOruclure, providoi no parkirhg sq.mto: i ClOSer Ohe fio))0 Ole main bui Wing han Ole mid poiM Ole side lacmle, Required parking VOr s fionling Birminghiain reeiV emu,0 have cmu-sihe parkiilg and )(2) Existing nonresidential uses may be renovated, reconstructed, and expanded up to 10 percent of their original floor area without having to comply with these parking standards. (3)(3) ins° (ill' «Commercial Uses!)0 et ire) less than 4,000 square feet («hie]) is pllisisisi in a block face with existing historic commercial buildings shall not be required to provide off-street parking. ((i)(4) (si ins° i(Commercial Uses!)0 et tree over 4,000 square feet will be required to provide off-street parking under the following standards: (a) (1) A minimum of 50% of all required parking, in accordance with Article 5 Use Charts of this Ordinance, shall be located on site as required by specified use. All on-site parking shall be placed a minimum of 10ft behind the front facade of the building with a landscape buffer provided. Not more than 140' of contiguous frontage of parking shall be visible from a street. On-site parking shall also provide spaces for bicycles at a rate of one for every full 25 spaces of required parking. (b) Alternative materials, such as pavestones and grasspavers can be used for driveways and parking spaces, subject to approval of the City Engineer. (c) Up to 25 percent of the required parking can be provided by on-street parking in front or to the side of the building. (b) The remainder of the required parking can be provided by off-site parking facilities within 1,000 feet of the site. No off-street parking can be developed with frontage on Ballard Street or the block face on the east side of Jackson Street. (c) Upon a finding that a parking reduction is necessary to preserve historic buildings and maintain the design integrity of the Downtown Historic District, the Commission may grant parking variances up to a maximum of 75 percent of the required parking. tf"1 ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS ' OI W Lu!: ZONING ORDINANCE (3)(5) Off-street parking lots with over 20 spaces are required to have landscaping and lighting that meets the standards for other nonresidential developments. (Article 4, Section 4.3) ,,6 J 2 j`! C41 v` )r WI1.0;N!: ZONING ORDINANCE a. Parking (1) Within the SBO the first 1,000 square feet of space for each individual use shall be exempt from providing any required parking. Additionally, a minimum of 50% of all required parking, in accordance with Article 5 Use Charts of this Ordinance, shall be located on site as required by specified use. All on _site parking shall be placed a minimum of 10ft behind the front facade of the building with a landscape buffer provided. Not more than 140' of contiguous frontage of parking shall be visible from a street. On_site parking shall also provide spaces for bicycles at a rate of one for every full 25 spaces of required parking. (2) Alternative materials, such as pavestones and, grasspavers, 0v101003 :1000 ..can be used for driveways and parking spaces, subject to approval of the City Engineer. b. Location of Service Areas and Loading (1) Service areas and loading areas shall be located in the parking area nearest the rear of the building. (2) Service areas shall have a screening wall with gates which prevent visibility from a public street and use a material, style and colorization that matches the main structure. jl 3�l,f ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS r\ or Wvi � ZONING ORDINANCE EXHIBIT E SECTION 7.3 OFF-STREET PARKING REQUIREMENTS A. Purpose The purpose of this section is: 1. To require off-street parking facilities in proportion to the parking demand for each use; 2. To provide accessible, attractive, secure, properly lighted and well-maintained off-street parking facilities; 3. To reduce traffic congestion and hazards; and 4. To assure that maneuverability for emergency vehicles exists. B. Applicability Every building or land use established, every existing building enlarged and every existing use expanded shall provide off-street parking and loading areas in accordance with the requirements and standards of this Section and Article 5 Use Regulations. Existing parking and loading spaces shall not be reduced below the minimum required by this chapter or Article 5. C. General Regulations 1. The parking requirements in Article 5 Use Regulations represent general parking standards under which all proposed development shall be evaluated. No certificate of occupancy shall be issued for any use which does not comply with these parking requirements. 2. All on-site parking shall be provided on the same parcel as the principal use, except as permitted by the off-site parking provisions of this section. Parking on the public right-of- way may not be counted towards satisfying the requirement for on-site parking, except within the Downtown Historic Pis s m and South Ballard Overlay Districts. 3. All parking and vehicle storage areas, including recreational vehicle parking in residential land use districts, shall occur on concrete pavement. Exceptions can be made for alternative materials that are shown to be impervious yet as durable as concrete pavement. These exceptions shall only occur: A. For parking in the South Ballard Overlay, Downtown Historic, or Business Government zoned districts, subject to P&Z approval. B. For parking in residential uses in residential zoned districts, subject to staff approval. 4. Except as otherwise provided in this chapter, when a combination of uses are developed on a site, parking shall be calculated and provided for each of the uses. D. Computing On-Site Parking Requirements 1. Calculations. When measurements of the number of required spaces result in fractions, the space requirements shall be rounded upward to the next whole space. 2. Alternative vehicles. When computing parking space requirements, up to 5% of the required parking can be reserved for motorcycles. Such spaces must be marked with both i, 1' ARTICLE 7: GENERAL DEVELOPMENT REGULATIONS Critiy4yyj A. ZONING ORDINANCE a sign post and pavement markings that meet the standard for the marking of handicap parking spaces. 32. Different Use Areas. Parking shall be calculated separately for each different use area and ancillary uses in a building. The cumulative total of all uses shall be provided. w W.a kaVlage W samd.aaVla ' 'atdi ed;Vhef the pqarknEt.. eOvdfef ed sae bdsec,,i ed !eaII q- Jt afkf,ir dle sea dq g eroWn!ai."l,"} a tdmik4",e.. spa gpe4 each r44dem' m lw." WW b dda..co qua !ahad be eared"dit"fec,i ealc..s aa+. 4. Parking Based on Floor Area. Unless specifically stated otherwise, when computing parking requirements based on the amount of square footage in buildings, all calculations shall be on a gross floor area basis. 1.44 1,1 ....Based nu ldldd a:ayill"pNs .:INEH e pnagaeHs e: e,Fapdedkuay dyaakaint dc, die meadti!a. tuaa,'!ie eHi the gr'tifniNiaa aP aNa gtteeaaa aah"afl4l:btpgt!a iaa4 be fe ..'Ilg e gaa!a'ty� +aI auivabim ( peFsequ.a pi4t,atd4agq r vve wa not ..iwau aant a!''iw 5. Unimpeded Parking. No parking space shall be located so as to require the moving of any other vehicle to enter or leave any other space. E. Handicapped Parking Requirements 1. Conformance with State and Federal Requirements. In addition to conforming with the handicapped parking requirements in this ordinance, all development shall also meet Federal and State handicapped parking requirements. 2. Residential Uses. Handicapped parking for residential uses shall be provided at the rate of one space for each dwelling unit that is designed for occupancy by the handicapped. Driveways may be used to satisfy handicapped parking requirements, provided sufficient space is available to satisfy the minimal design requirements. 3. Non-residential Uses. Handicapped parking spaces shall be provided for all uses other than residential at the following rate: jJ 2 1'i ARTICLE 7: GENERAL DEVELOPMENT REGULATIONS 'I 4)1 Wy II ZONING ORDINANCE FIGURE 7-2 HANDICAP PARKING REQUIREMENTS Total Number of Number of Required Parking Handicapped Parking Spaces Re I uired 1to25 1 26 to 50 2 51to75 3 76 to 100 4 101 to 150 5 151 to 200 6 201 to 300 7 301 to 400 8 401 to 500 9 501 to 1,000 Two percent of total required spaces 1,001 and above Twenty spaces, plus one space for each 100 over 1,000 spaces or fraction thereof. 4. Design Standards a. Parking Space Dimensions. Handicapped parking spaces shall be at least ten feet wide and shall have an adjacent access aisle on each side, a minimum of five feet in width. Two handicapped parking spaces may share a common access aisle. b. Van Accessible. One in every eight handicapped spaces shall be served by an access aisle at least eight feet wide and shall be designated "van accessible". The access route to these spaces shall have a minimum vertical clearance of 9.5 feet and the parking spaces shall have a minimum clearance of 8.17 feet. Spaces shall have an additional "van accessible" sign mounted below the symbol of accessibility. c. Location of Spaces. Handicapped spaces shall be located with the most direct and practical access, at least three feet wide to a primary accessible building entrance unobstructed by bumpers, curbs, or other obstacles to wheelchairs. The site design shall not permit parked vehicle overhangs or any other obstacle to reduce the clear width of adjacent walkways. Parking spaces and access aisles shall be level with surface slopes not exceeding a ratio of 1:48 in all directions. d. Signage. Handicapped spaces shall be designated as reserved for the disabled by a sign showing the symbol of accessibility in accordance with the CABO/ANSI A 117.1 - Current Edition. The required signage shall not be obscured by a vehicle parked in the space. e. Counting of Parking Requirements. Handicapped parking required by this section shall count toward fulfilling the off-street parking requirement. jl 3�7 ARTICLE 7: GENERAL DEVELOPMENT REGULATIONS 'I 4)1 Wy II ZONING ORDINANCE F. Parking Alternatives The Council may allow parking requirements to be met by either one or a combination of the methods described in this section in lieu of the required on-site parking. 1. Off-Site Parking. The parking requirement may be met by locating the required parking spaces on a separate parcel from the lot on which the principal use is located, subject to the following conditions: a. The parcels containing the use and off-site parking must be under common ownership; b. The parcel must be located not more than 300 feet from the building or use it is intended to serve; c. The parcels shall not be separated or divided from the building or use it is intended to serve by a freeway, expressway, highway, or major street; and d. An agreement, subject to approval by the City Attorney, shall be prepared to outline the terms and conditions of the off-site parking use. The agreement, containing the legal description of both the off-site parcel and the parcel where the principal use is located, shall be recorded in the office of the County Deed Records to permanently register the existence of the off-site parking arrangement with each parcel. 2. Shared Parking a. Requirements. The parking requirements may also be met by securing the consent to share parking facilities on the same or another parcel and under another ownership. Shared parking may only be approved if: (1) The parking facilities are located on a parcel zoned for the same use as the primary use; (2) The owners cooperatively establish and operate the facilities; (3) The uses separately generate parking demands primarily during hours when the remaining uses are not in operation; (4) A minimum number of spaces are provided to meet the requirements of the use with the single greatest parking demand; (5) Satisfactory evidence, as deemed by the Director, has been submitted describing the nature of the uses and the times when the uses operate so as to demonstrate the lack of potential conflict; (6) The consent agreement, subject to the approval by the City Attorney, must be in the form of a binding contract, of sufficient length of time, between the property owners operating the shared parking facility to ensure the continued use of the facility. The contract shall be filed with the City with the Certificate of Occupancy for each use; (7) The parking facility shall not be more than 300 feet from the building or use it is intended to serve; and (8) The shared parking facility shall not be separated or divided from the building or use it is intended to serve by a freeway, expressway, highway, or major street. J 4 f ARTICLE 7: GENERAL DEVELOPMENT REGULATIONS 'I IN4)1,Wyi ZONING ORDINANCE b. Termination of Agreement. If the parking agreement is terminated, the owner shall be required to provide adequate parking or the certificate of occupancy shall be revoked. G. Downtown Historic District and South BallardOverlay Districts Exemptions Buildings located in the Downtown Historic and South Ballard District Overlay District shall comply with the parking standards as set forth in Sections 6.3 and 6.4, respectively So l k,1 440 H. Design of Parking Areas 1. Access. Off-street parking areas shall be provided in the following manner: a. Maneuvering. All parking areas shall provide suitable maneuvering room so that all vehicles may enter an abutting street in a forward direction. The backing of a motor vehicle onto a public street from a parking area shall be prohibited, except for the following: (1) Residential parking facilities not exceeding two spaces per property. (2) Existing commercial and industrial facilities parking areas not exceeding two spaces per property. (3) Existing public and quasi-public use facilities not exceeding two spaces per property. b. Location of Parking. Parking spaces for any use shall be placed in a location to facilitate use of the parking facility. 2. Dimensional Requirements a. Size. Minimum size for parking spaces shall conform with the Thoroughfare Standards and is shown 01%4 I04 004Bwsbelow with the addition of motorcycle spaces: FIGURE 7-3 MINIMUM PARKING SPACE SIZE T e o S ace Width Len th Motorcycle 4 feet 8.5 feet Standard Car 10 feet 20 feet Handicapped 15 feet 20 feet 13' x 24' w/3' walk when parallel Recreational Vehicle 10 feet 30 feet b. Construction Standards. All parking facilities shall be designed and constructed in accordance with the standards of the Engineering Department. c. Angle Parking. Minimum dimensional standards for angle parking are indicated in the Thoroughfare Standards. 3. Drainage. All parking lots shall be suitably graded (no less than 1 percent or no more than an 8 percent slope) and drained in accordance with the standards of the Engineering Department. 'I 1,, Wyi ZONING ORDINANCE 4. Driveways. Driveways (curb cuts) shall be constructed in accordance with the commercial and multi-family geometric standards of the Thoroughfare Standards. 5. Lighting. Parking areas used during the hours of darkness shall be illuminated for security and safety. The minimum requirement is one-foot candle, maintained across the surface of the parking area at a uniformity ratio of 3:1. Illumination, including security lighting, shall be directed away from adjoining properties and shall be arranged and controlled so as not to cause a nuisance either to highway traffic or to surrounding uses. 6. Surfacing and Striping. Except as otherwise provided in this chapter, all parking and loading facilities shall be surfaced (paved), striped and marked to clearly define access lanes, handicapped parking spaces, and internal circulation movements. 7. Tandem and Valet Parking. The Commission is authorized to approve an off-street parking program utilizing limited tandem parking for commercial and industrial uses provided that the development requires 150 or more parking spaces. No more than 30 percent of the total number of spaces shall be designated as tandem, and a valet parking attendant must be on duty during business hours. 8. Wheel Stops/Curbing. Concrete wheel stops or curbing at least six inches high and six inches wide shall be provided to prevent vehicles overhanging abutting properties or public rights-of-way, to protect landscaped areas and to protect adjacent properties. Curbing shall be located at least three feet from any adjacent wall, fence, property line, walkway, or structure where parking and or drive aisles are located. 9. Landscaping. Landscaping shall be provided in accordance with Section 7.7 Landscape Requirements. 10. Maintenance. All required parking lot facilities shall be continually maintained, free of litter and pot holes and all striping shall be maintained in a legible condition. SECTION 7.4 ON-SITE LOADING REQUIREMENTS A. Purpose The purpose of these provisions is to establish standards to regulate the number, design, and location of on-site loading areas in a manner which ensures the following: 1. Accessible, secure, and well-maintained loading and delivery facilities; 2. Reduced potential for traffic congestion and hazards; 3. Protection for adjacent parcels and surrounding neighborhoods from the effects of vehicular noise and traffic generated from the commercial/industrial development; and 4. Loading and delivery services in proportion to the needs generated by the proposed land use which are clearly compatible with adjacent parcels and the surrounding neighborhood. B. Applicability Except for uses within the Downtown Historic Overlay District, every use that receives or distributes materials or merchandise by truck shall provide and maintain on-site loading spaces in accordance with the standards of this subchapter. C. On-Site Loading Space Requirements 6,.. ry1 v OI Wm' ZONING ORDINANCE 1. The number of loading spaces shall be based upon the total gross floor area in the building or use. 2. On-site loading spaces shall be provided as Follows: u 1,41 4 r( wu d h ) ;; ), a V A t�d q Pik /;�N r, i� "�"' dtt d Square Feet of Floor Required Loading Spaces Area 0 — 10,000 None 10,001 — 50,000 1 Each additional 1 additional 100,000 or fraction thereof D. Design Standards Off-street loading spaces shall be provided in the following manner: 1. Dimensions. The minimum size of a loading space shall not be less than 15 feet in width, 25 feet in length, with a 15 foot vertical clearance. 2. Location. Loading spaces shall be located and designed as follows: a. Adjacent to, or as close as possible to, the main structure. b. Situated to ensure that all loading and unloading takes place on-site and in no case within adjacent public rights-of-way or on-site traffic areas. c. Situated to ensure that all vehicular maneuvers associated with loading and unloading shall occur on-site. '7 f�- ARTICLE 7: GENERAL DEVELOPMENT REGULATIONS Article 3: Figure 3-9 C.Architectural Requirements Con't (For all Residential Districts) Garage entry No doors facing primary street front. On a Garage shall be a minimum of 600 2 & 1 configuration, single door may face square feet in size. street. Garage shall be a minimum of 500 square feet. Dwelling Size Minimum dwelling size exclusive of garages and breezeways Fencing Front: ' 50% Board on Board transparent, wood or wrought iron. Or Wrought Iron Side/Rear: $- . wood or wrought iron z £ -Landscaping Established front lawn and minimum 2 Automated, subsurface irrigation system trees and 5 shrubs in front yard Outdoor Lighting Front entry and drive/garage illuminated Front facade and drive/garage by standard porch light illuminated by down-light (tree-or house- mounted) or up-light(house-mounted), and front- and side-yard activity area illuminated, wired to interior. Conservation/Sustainability Complies with Energy component of Certified by USGBC or LEEDS for Building Code energy and water. Article 3.F.12 12. Fencing (If provided) a. Base Standard (1) Front yard fences shall be permitted 7, with 50 percent transparency constructed of wood or wrought iron. (2) Side and rear yard fences shall be permitted to a height of 8 feet maximum and constructed of wood or wrought iron. b. Desirable Design Attributes Fences constructed of board on board or wrought iron Article 6.3.E.5.h h. Fencing—Residential Structures (1) Fencing placed in the front of the residential structure shall be limited as follows: (a) Height not to exceed 3 feet; (b) At least 50 percent of the surface area of the fence shall be open and transparent; (c) Made from wood or wrought iron. Masonry or brick may be used for columns with wood or wrought iron fence panels; (d) Have the posts and rails facing the inside of the fence. (2) All fences placed in front of the residential building shall be decorative in design. (3) Fences placed behind the residential building shall conform to fencing requirements for single family development elsewhere in the city. Article 6.4.E.3.j j. Fencing (If Provided) (1) Fencing placed in the front of the residential structure shall be limited as follows: (a) Height not to exceed 3 feet; (b) At least 50 percent of the surface area of the fence shall be open and transparent (c) Made from wood or wrought iron. Masonry or brick may be used for columns with wood or wrought iron fence panels; (d) Have the posts and rails facing the inside of the fence. (2) All fences placed in front of the residential building shall be decorative in design. (3) Fences placed behind the residential building shall conform to fencing requirements for single family development elsewhere in the city. gate: - lllllllllllllllh'mi liii Illliiit °w'w Sec. 22-231. Purpose of airticlle The purpose of this article is to regulate the construction, erection, enlargement, alteration and maintenance of all fences within the boundaries of the city in order to provide a practical safeguarding of life, health and property from hazards that may arise from improper construction of such installations. However, this article and the provisions of this article shall not apply to fences erected or maintained in districts within the city which are zoned but are still under agricultural use as undeveloped property. Sec. 22-232„ Permit to install or alter required. (a) It shall be unlawful for any person to install or cause to be installed, or to permit any person to install a fence or to make any alterations, additions or changes to a fence, without first having procured a permit to do so from the building official. However, a property owner may replace, or caused to be replaced, up to one pole or 16' linear feet of pickets or rails in any given 30 day period to repair a damaged fence without a permit. (b) The fee for a permit required by this article shall be as provided for in the fee schedule located in appendix C to this Code and shall be paid prior to the issuance of the permit. (c) The building official shall require a plot plan showing the lot size, all improvements on the lot, and the proposed location of the fence to be constructed before a permit will be issued under this article. (d) The building official may refuse to issue a permit under this article to any person who has been convicted of a violation of any provision of this article. (Ord No 78 d 5, d4 4...°'d 8 ,87d" , Co do '1'99/, oh 44 /707, o do 1'99° 7,7 ,'i 87) Sec. 22-233„ Regulation of electric fences. (a) No fence constructed in such a manner that it may continuously conduct electrical current may be allowed in any zoning district wherein farm animals are not allowed. (b) Single-strand wires designed to conduct electricity through an approved low-voltage regulator shall be allowed only along the interior base line of an otherwise permitted fence. No permit shall be required for the erection and maintenance of such single- strand electric wires. ( t Code 9 � d . 8; Code 999d §,7,7 888)a � Sec. 22-234. Compliance with the zoning oirdilnance All fences and fence locations shall conform to the requirements of the zoning ordinance of the city, and nothing in this article shall be construed as permitting construction of a fence which would violate the provisions of the zoning ordinance, as such ordinance presently exists or as it may be hereafter amended. (Code 994d 9, oh 8, 97.04 Code d d d . , , IINT0 Sec. 22-2 „ Location on oir protrusion over city property. No privately owned fence or guy wires, braces or any other part of a privately owned fence shall be constructed upon or caused to protrude over property owned by the city. (Code 994d d, oh 8, 97.0 n, de d d d , 7 4/0) 4,7 Sec. 22-236. Visibility obstruction. No fence shall be erected or maintained in a manner so as to be a visibility obstruction as indicated in figure 1 of this section and made a part of this section. I ~ a 1 [70([T "lilt ObTOY[T1011 Wet 1 • 1: I " � "( f1f0►[MITT ,T(( 10[t -t Oh'l'1y\Y\ OI"1CV 00CTIIu CRYOw } ►1[MV•T TO 0(/4[( fM"lilt 001T114�Gs100 AREA OF Vi51V31uTY i y • 1 O � L Y S (ORJ.. No 8 °'d 5 § VI, 4...°'d 8 18/7 ; Code °N/4//, oh 8, d:7. 8I; :;ode 18d447 §,7, ...04//) Sec. 22-2 '7. Height limit and pole placerrnent along rear yard oir alley line in residential district W No fence shall be constructed at a height exceeding eight feet along the rear yard or alley line in residential districts. Fencing poles, metal or wood, may be placed on either side of the fence provided they are not visible from a public street. Exception swimming pool enclosure (see Sec. 22-247) (orci. No. .78-.15, ,§ 4--.18--.1978; ode V9,9.1, ch. ,§ 1.2.07;rode V.)97,. §.22439.2) Sec. 22-238.. Height limit and pole placement on slide yaird line in residential districts. No fence shall be constructed at a height exceeding eight feet on any side yard line in residential districts up to the building line of the house proper. All such fences constructed on side yard lines in residential districts must be vertical. Fencing poles, metal or wood, may be placed on either side of the fence provided they are not visible from a public street. Exception swimming pool enclosure (see Sec. 22-247) (orci. No. 78-.15, § 4--.18--.1978; Code V99.1, ch. 3, 1.2.08; Code V99.7,. §.224393) Sec.. 22-239. Height lilt and pole placement on Pfront yaird fences in residential cts.....-prohidlaitedt....-ex,ceptions..'e' No fence shall be constructed at a height exceeding 4 feet between the building line and front property line and/or street side building line for corner lots for residential buildings facing the side street, except for ornamental type fencing on lots exceeding % acre. On lots exceeding % acre the maximum height is 8 feet provided masonry columns are used. All ornamental type fences shall be at least 50 percent transparentside........s,qapd.....-Rpopects,LIII.Res.....-11a.u.i.it (ord No. .78-.15, 4--.18--.1978; Code .199.1, § .1.2.0,9;Code V97,. §.22-4394) Sec.. 22-240.. Height limit in industrial districts,. No fence shall be constructed at a height exceeding ten feet in industrial districts. (orci. No. 78-.15, 4--.18--.1978; ode 1991, ch. § (.'.';ode §.224395) Sec.. 22-241.. Height limit around tennis courts; fence arms..V., Fences around tennis courts, regardless of the district in which they are located, shall be constructed at a height not exceeding ten feet, and fence arms shall not be allowed thereon. (Code .199.1, ch. § 1.2..1.1; Code .'N.?g §.224396) Sec.. 22-242.. Fence airims in residential dlistrlict; limited in industrial diistiriicts Fence arms shall not be permitted in residential districts or districts other than industrial. Fence arms may be permitted on fences located in industrial districts so long as they do not extend beyond the property line. (Ord No. 7845, bdi ..d 997 ; Code 9991, c . `d, . .2; Code 1997, .397 Sec. 22-23„ Barbed wilire V In no event shall barbed wire be permitted, except on arms in industrial zoning districts. (Code `999 9, ct. (")44de 1997, 22-,u;' Y Sec. 22-244. inspection of new fences„&e When any fence for which a permit has been issued under this article is completed, it must be inspected. The building official's office shall be notified upon completion of the fence. The building official will issue a card of acceptance if the fence complies with the provisions of this article, or reject the fence if it does not so comply. (Ord No. 7845, §) )bdd,/ d 9 '97 Code 999`9, r:d ) 92. 94; ode 1997, 2.2 e9,) Sec. 22-2 „ Iailntenance ,w, p All fences constructed under the provisions of this article shall be maintained so as to comply with the requirements of this article at all times, see Section 22®232: (Ord No. 7845, pd,, d.. 9 978; Code 9,999, ch .1.2.d n; Code 9997, , 22.. OO',Y Sec. 22-246. Appealsfrom decisions under this airtilclle ; Any appeal from an interpretation of the building official of the provisions of this article shall be made to the Construction Code Board II i%m9 uu) ....114)(464)9d 11w44...14I 901 I8 I9romw ir4. (Ord No. 7845,n, b'V! d 9 99d,di; Code 99; `9, r:d 92. d6; Code 1997, 2.2 40 ) Sec. 22-2 „ Ellnc uire fair swimming p ll , W ,. '7 (a) Required. Every swimming pool, or excavation designed or intended to ultimately become a swimming pool, while under construction as well as after completion, shall be continuously protected by an enclosure surrounding the pool or excavated area in such a manner as to make such pool or excavated area reasonably inaccessible to small children or animals. The fence (barrier) for a pool or spa shall be installed per the most currently adopted edition of International Swimming Fool and Spa Code. Electrical, solar or battery utility, access and or service gates shall not be considered as part of the pool barrier (b) Exceptions bn subsection (a) of this section. Exceptions bz subsection (a) cfthis section are oafollows: (1) Subsection (a) cf this section shall not apply bz bodies cf water other than avvinnnning pools which one owned or controlled by the h*dena|, state or county government, or any agency, subdivision or department thereof; or bodies of water located in natural dnainogevvoya. (2) In single-family occupancies, the enclosure may surround the entire single- family premises. (3) In multifamily occupancies, the enclosure may include the courtyard which surrounds the pool. 0j)(e) Maintenance mf swimming pool without enclosure. |t shall be unlawful to maintain any avvinnnning pool in the corporate limits which is not protected by on enclosure in accordance with the requirements of this section. /O Plans for swimming pools,-requirements. All plans submitted to the city for swimming pools to be constructed aho|| show compliance with the requirements of this aeotion, and the final inspection and approval of all pools constructed shall be withheld until all requirements of this section have been complied with by the owner, purchaser under contract, lessee, tenant orlicensee. (Ord. No. 78 15, § XWY4-18 1975; Code 199tchv �� § 1Z 1�; Cude199 §22 40,�) State&mmx reference—&Yunicipa/authority cuncem rgamn nmirg pool enclosures, t4T CA, Lucal Government Cude§214�101 Sec. 22~248. Fences fin drainage ease inne ints.�� No fence shall be constructed within any drainage easement in the corporate limits of the city unless the city engineer shall have first determined and advised the building official, in writing, that he believes such fence shall, in all probability, not interfere with or impair the natural flow of water across the drainage easement. (Ord No. 7845, , MAAU, 4 98 `9978; Code 9991, ch 3' 92.1 ;; Code .19� , .2.240C) ii Secs. 22-2 -22-2 „ eirrrea �°6 weaver CITY OF WYLIE, TX CITY COUNCIL COMPREHENSIVE ANNUAL FINANCIAL REPORT: CAFR 101 John J. DeBurro, CPA October 22, 2013 weaver -_ GFOA's Certificate of Achievement for Excellence in Financial Reporting Program CAFR = Comprehensive Annual Financial Report 3 Sections : 1) Introductory Section 2) Financial Section 3) Statistical Section weaver ➢ Letter of Transmittal • Transmits CAFR (responsibilities, ref to MD&A, etc) • Profile of the City (basic info, budget, etc) • Information useful in assessing government's economic status (local economy, long-range planning, etc) • Awards and acknowledgements ➢ Certificate of Achievement for Excellence in Financial Reporting Program (Prior year) ➢ Organizational Chart ➢ List of Principal Officials weaver ,, ===. - Et > Independent Auditor's Report > MD & A , kd __-_,_:_------; > Basic Financial Statements . , ...g?-..- ~part > Reguired Supplementary Information ( RSI ) > Combining and individual fund presentations and supplementary information weaver _ = > First item in Financial Section > Expresses an opinion on fair presentation of basic financial statements in accordance with GAAP a ti A U weaver Like an Executive Summary: > Discussion of financial statements > Condensed comparative data > Overall analysis1 I I 1-_% sE u, uX C al ve � � `a > Fund a __---- - nalysis y > Budge t variances in General Fund > Capital asset and Long-term Debt activity weaver Government-wide Financial Statements 1. Statement of Net Position 2. Statement of Activities ■ Separate columns for governmental activities and business-type activities ■ Discretely-presented component unit (WEDC) ..- - w _ _ __ __ _ weaver \ __ _ _ _ _ -= . _ .w , . - _-_ - - _ . _ _ Fund Level Financial Statements I . Governmental Funds II . Proprietary Funds weaver _ _ Governmental Funds financial statements • Includes General Fund, Debt Service Fund, Capital Projects Fund, Non-Major Funds a . Balance Sheet b. Statement of Revenues, Expenditures, and Changes in Fund Balance c. Reconciliations between fund-level and government-wide financial statements weaver , Balance Sheet : • Assets — cash, receivables, . . . • Liabilities — accounts payable, . . . • Fund Balance — what is fund balance ? — Is it enough ? weaver • Reconciliation of Ba lance She et to the Statement of Net Position Primary differences : • Capital assets • Long-term debt weaver 110* • • nce ec& Reconciliation of Governmental Funds Statement of Revenue, Expenditures and Changes in Fund Balance to the Statement of Activities : Primary differences : • Capital expenditures / depreciation • Bond proceeds / debt service payments ta- weaver „2„, _ _ Proprietary Funds financial statements Utility Fund a . Statement of Net Position b. Statement of Revenues, Expenses, and Changes in Fund Net Position c. Statement of Cash Flows _--s A weaver Notes to the Financial Statements ■ Summary of Significant Accounting Policies ( Note 1) ■ Various other required disclosures : • Cash and investments ( Note 2) • Receivables ( Note 4) • Capital Assets ( Note 5) • Long-term debt ( Note 8) • Other: WEDC ( Note 14) weaver Budgetary Comparison — General Fund o Original Budget — both revenues and expenditures o Amended ( Final ) Budget — reflects amendments o Actual Revenues/ Expenditures o Variance — between budget and actual weaver \ , ➢ Budgetary Comparison — Debt Service Fund o Original Budget — both revenues and expenditures o Amended (Final) Budget — reflects amendments o Actual Revenues/ Expenditures o Variance — between budget and actual ➢ Combining schedules - contain all of the special revenue funds weaver Budgetary Comparison Schedules — for each special revenue fund that is annually appropriated (i .e . — 46 Sales Tax Revenue Fund, etc) weaver -wAm0,-0. Organized around Five Specific Objectives : I . Financial trends I I . Revenue Capacity III . Debt Capacity IV. Demographic and Economic Information V. Operating Information *Good source of historical trend information „, ,‘, ,:\ loll ' _ • A__iU ! S - S - __- - , ' 7 ' , - - \Oer , 0000 0000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000 weaver John DeBurro, CPA Senior Audit Manager Weaver, LLP 12221 Merit Drive, Suite 1400 Dallas, TX 75251 (972 ) 448-6970 John . deburro@weaverllp . com