Ordinance 2014-34After Recording Please Return To:
City of Wylie I I I I I III II I III II
300 Country Club Rd. #100 11:54:38 AM OR 1119
Wylie, TX 75098
ORDINANCE NO. 2014-34
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS,
ABANDONING 4,318 SQUARE FEET OF PUBLIC RIGHT -
OF -WAY LOCATED AT THE NORTHEAST CORNER OF
STATE HIGHWAY 78 AND OAK STREET, WITHIN THE
RAILROAD ADDITION; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the property described herein is platted as public right -of -way bounding the
northeast corner of S.H. Highway 78 and Oak Street in the Railroad Addition, said right -of -way
being a remnant of roadway realignment of Oak Street and 9,629 square feet of previously
abandoned 3rd Street to the east; and
WHEREAS, the Nayeb Family LP, principal owner of the property adjacent to said
right -of -way has requested that the right -of -way be abandoned and offered for sale according to
State law and Section 2.12 of the City of Wylie Subdivision Regulations; and
WHEREAS, the City of Wylie has determined that said right -of -way is no longer needed
for public access purposes, provided that existing utilities located within said right -of -way are
converted to easements through replatting or other legal instruments by the new owners
acquiring said right -of -way;
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1: That the above described right -of -way and as shown in Exhibits "A" &
"B" attached are no longer necessary for public access purposes, provided that existing utilities
shall be located within easements, and that said portion of right -of -way should be abandoned in
favor of adjacent property owners.
SECTION 2: That this abandonment shall extend only to the public right -of -way, title
and interest which the City of Wylie, Texas may have in and to said right -of -way, and shall be
construed to extend only to such interest that the governing body of the City of Wylie may
legally and lawfully abandon.
SECTION 3: That this ordinance shall be in full force and effect from and after its
adoption by the City Council, as the law in such cases provides.
Ordinance No. 2014 -34
Abandoning Right of Way
Hwy. 78 and Oak Street
DULY PASSED AND APPROVED by the City Council of the City of Wylie,
Texas, this 14`h day of October, 2014.
Eric Hogue, Mayor
ATTEST:
Carole Ehrlich, Ci y Secretary
DATE OF PUBLICATION: October 22, 2014, in the Wylie News
Ordinance No. 2014 -34
Abandoning Right of Way
Hwy. 78 and Oak Street
�t
N' re OF TL%p'
EXHIBIT "A"
LEGAL DESCRIPTION
For
City of Wylie Right -of -Way Abandonment
0.099 Acres
4,318 Square Feet
Being all that certain lot, tract or parcel of land situated in the S. B. Shelby Survey,
Abstract Number 820 and the Francisco de la Pina Survey, Abstract Number 688, City of
Wylie, Collin County, Texas, being part of Lot 37, Block 16, Railroad Addition according
to the plat thereof recorded in Volume 77, Page 494 of the Deed Records of Collin
County, Texas, part of the existing right-of-way of Oak Street according to said plat and
being more particularly described as follows:
BEGINNING at a' /i" capped rebar (G S A) set at the intersection of the north right-of-way
line of Oak Street and the west right-of-way line of 3'd Street, being the southeast comer
of said Lot 37, Block 16, Railroad Addition;
THENCE West, 32.07 feet, along the north right-of-way line of Oak Street, to a %" capped
rebar (G & A) set at the point of curvature of a curve to the right;
THENCE Northwesterly, across said Lot 37, Block 16, Railroad Addition, being the new
north right-of-way line of Oak Street, and with the arc of said curve having a radius of
125.00 feet, a central angle of 25 °53'28 ", whose chord bears N 53 058'50" W, 56.01 feet, an
arc length of 56.49 feet, to a %" capped rebar (G & A) set on the southerly right-of-way
line of State Highway 78 (variable width R.O.W.);
THENCE N 51 018'17" E, 99.13 feet, along the southerly right-of-way line of State Highway
78, to a %" capped rebar (G & A) set on the west right -of -way line of 3rd Street, being the
east line of said Lot 37, Block 16, Railroad Addition;
THENCE South, 94.91 feet, along the west right-of-way line of 3nd Street and the east line
of said Lot 37, Block 16, Railroad Addition, to the POINT OF BEGININNING, and
containing approximately 0.099 acres or 4,318 square feet of land. Subject to any
easements or other encumbrances that may apply.
Kent M. Mobley, RPLS No. 47960 Date
Grantham and Associates, Inc.
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RAILROAD ADD17ION
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NUMBER I RADIUS DELTA ANGLE ARC LENGTH CHORD DIRECTION ,CHORD LENGTH
C1 125.00. 25'53'28" 56.49' N 53'58'50" W
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TWENTY FOUR INCHES LONG WITH A PLASTIC CAP PLACED ON THE TOP
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D.R. C.C. T. = DEED RECORDS COLLIN COUNTY, TEXAS
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ARE TO BE SET AND ARE IRON RODS. ONE HALE INCH M DIAMETER.
TWENTY FOUR INCHES LONG WITH A PLASTIC CAP PLACED ON THE TOP
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EXHIBIT "B"
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D.R. C.C. T. = DEED RECORDS COLLIN COUNTY, TEXAS
SURV
CITY OF WYLIE
KENT M. MOBLEY
R.P796
EXHIBIT "B"
PROCEDURE FOR
ABANDONMENT OF A
PUBLIC RIGHT- OF- WAY/EASEMENT
A. Formal application for right -of -way abandonment shall be made by the applicant
submitting to the Planning Department an application and all required documentation
stating reason for abandonment and a description of the land. The City Council shall
have the final authority to approve or deny an abandonment request.
1. Application required: Attached to this information sheet is an application
form for the abandonment of public right -of- way /easement.
2. Submission deadline: The application must be completed and returned to the
Planning Department. The Planning Department will circulate the application
among the various City departments for review and approval. After all City
departments have executed the application, it will be placed on the next
available Council agenda. The City Council holds regular meetings on the
second and fourth Tuesdays of the month at 6:00 p.m. at the Wylie Municipal
Complex - Council Chambers, 300 Country Club, Building 100, Wylie,
Texas 75098
3. First page of application: On the first page of the application, the heading
information to be filled in includes the name of the addition or subdivision in
which the public right -of- way /easement is located. The exception to this case
would be the abandonment of a street, in which case the street name would
appear in the heading. The date the application is prepared should be entered
in the appropriate space. Item No. 6 on the first page should set out the names
and addresses of the abutting property owners who have not consented to the
vacation and abandonment which you seek. Abutting property owners are
owners of land that abut any portion of the land immediately next to the
public right -of- way /easement proposed to be abandoned. You should also
state why their consent was not obtained; that is, if you were unable to locate
the abutting property owners or if the abutting property owner refused to give
his or her consent, you should so state briefly setting out the points of
objection that such owner might have to this abandonment. Additional sheets
may be used if necessary to fully explain.
4. Item No. 7 provides space for a brief statement of the reason such right -of-
way /easement should be abandoned. Item No. 8 should relate briefly the
history of the use of the right -of -way /easement sought to be abandoned.
5. It is very important that the full name and address of the applicant be shown
in the space provided. This will insure proper notifications to the applicant.
The applicant's signature must appear immediately above the typed name and
the notary certification must be completed.
Procedure for Abandonment of a Public ROW Page 1
499299A
6. Exhibit No. 1: Please note that the abandonment of right -of -way /easement
may convey, by law, part of the property to the abutting property owner on
the other side. You must provide, attached to the application, a metes and
bounds description (dividing the area in half) of the area sought to be
abandoned. This item is most easily furnished by a licensed land surveyor.
7. Exhibit No. 2: You must provide, attached to the application, a copy of a plat
or detailed sketch of the right -of -way /easement sought to be abandoned.
Again, this item is most easily furnished by a licensed land surveyor. It must
clearly show the surrounding areas to the nearest streets in all directions,
abutting lots, and the block or blocks in which the area sought to be
abandoned is located. It shall also show the names of the record owners of the
lots abutting the area sought to be abandoned.
8. Exhibit No. 3: As applicant you are responsible for circulating the
application and securing the signatures of the authorized representatives or
requesting a letter from the authorized representatives. Upon receiving the
required signatures/letters, these documents must be made part of this
application.
9. Exhibit No. 4: The Planning Department will be responsible for circulating
the application amongst the City departments.
1 O. Exhibit No. 5: All property owners abutting such right -of -way shall be
notified by the applicant of such request by certified letter. A written
response from each abutting property owner must be received by the City or
attached to this application prior to staff review. Sample letter included for
your use.
11. Exhibit No. 6: All applicants shall obtain a certified appraisal of the land to
be abandoned, unless a waiver to this requirement has been obtained.
12. Exhibit No. 7: All property owners abutting the right -of -way to be
abandoned must execute the Release of Claims in favor of the City.
13. An applicant shall have six (6) months from the date of City Council
approval of the abandonment to complete all steps required for purchase of
the abandoned right -of -way, obtaining City approval of the plat or replat and
filing the plat or replat with the county. The approval shall expire on the last
day of the six -month period if all steps are not complete. Reapproval of an
abandonment by the City Council may be applied for at any time subsequent
to the date such abandonment becomes invalid by following the procedures
set forth herein. If the Director of Planning or City Council should deem
changes necessary in the reapproval of an abandonment in light of new or
significant information or requirements, it shall so inform the applicant.
Procedure for Abandonment of a Public ROW Page 2
488299A
B. Content:
1. The abandonment document shall be in accordance with the final plat
requirements of the Subdivision Ordinance, including but not limited to
Article II, Section 2.12.
C. Abandonment of Fire Lanes:
1. In instances where fire lanes are depicted on a plat of record, the owner of the
property may submit request for a certificate of abandonment to remove the
fire lane from the plat. The request shall be submitted to the Director of
Planning in the manner prescribed by the Director.
2. The request shall include an accurate diagram of the proposed abandonment
and reference the exact name of the plat, including volume and page number
where the plat was recorded. The request shall be forwarded to the City
Council for consideration.
3. Not withstanding any action regarding the certificate of abandonment of a
platted fire lane, fire lanes shall be provided in accordance with the City of
Wylie Fire Code.
4. The certificate of abandonment for a fire lane shall expire if it is not filed
with the appropriate county clerk within six (b) months from the date of
approval.
Procedure for Abandonment of a Public ROW Page 3
488299.v 1
For Office Use Only
CC Case Number:
Date Submitted:
CITY OF WYLIE
ABANDONMENT OF PUBLIC
ROW -OF- WAY /EASEMENT APPLICATION
MINIMUM SUBMITTAL REQUIREMENTS
❑ A completed copy of the attached Abandonment of Public ROW /Easement application.
• All exhibits processed (except for Exhibit No. 4, which will be processed by staff).
• Attach responses from all abutting property owners. (sample letter enclosed).
• A certified appraisal of the value of the land to be abandoned.
❑ A certified check to the City for the amount of the Appraisal.
❑ An executed Release of Claims from each abutting property owner.
ADDRESS/NAME OF ADDITION /SUBDIVISION Lot 37 Block 16 Railroad Addition
LEGAL DESCRIPTION Lot 37, Block 16, Railroad Addition S.B. Shelby Survey Abstract No.
820 & Francisco de la Pina Survey, Abstract No. 688
APPLICANT (Primary Contact for th Project): � � l
Name /QV e b F mil, L E -Mail � � aw 4 S6ca
Street Address 410 % /'W
City Gj/ A / & State %^ X Zip Code 7 To ! � f /
Phone Number 21q T L 1 3— 2 6 8 Fax Number Gn� of % 7 (j U l
PROPERTY OWNER'S INFORMATION (if different from above): L
Name F1�' A D AIAY E a E -Mail e� SbC jloka l,/le
Street
Address C � 1 o D w)e /V Z—
City R %C & 4 t U S D n State Z>K Zip Code 7 S-0 yo�
Phone Number / Fax Number _P41
The applicant has prepared this application and certifies that the facts stated herein and exhibits
attached he to are true and correct.
S tore of Owner, AgfKt or Applicant Date
Procedure for Abandonment of a Public ROW Page 4
488299.vI
APPLICATION FOR
THE ABANDONMENT OF A
PUBLIC RIGHT -OF- WAY /EASEMENT
TO THE MAYOR AND CITY COUNCIL OF THE CITY OF WYLIE:
The undersigned hereby makes application for the abandonment of that portion of the
above right -of -way particularly described in Exhibit No. 1, attached. In support of this
application, the undersigned represents and warrants the following:
1. Attached, marked Exhibit No. 1, is a metes and bounds description (dividing the area
in half) of the area sought to be abandoned.
2. Attached, marked Exhibit No. 2, is a copy of a plat or detailed sketch of that portion
of the public right -of- way /easement sought to be abandoned, and the surrounding
area to the nearest streets in all directions, showing the abutting lots and block, and
the subdivision in which the above described right -of -way /easement is situated,
together with the record owners of such lots.
3. Attached, marked Exhibit No. 3, is the written consent of all public utilities to the
abandonment.
4. Attached, marked Exhibit No. 4, is the consent of the City of Wylie staff to the
abandonment.
5. Attached, marked Exhibit No. 5, is the written consent of all the abutting property
owners, except the following: (if none, so state)
6. Such public right -of- way /easement should be abandoned because:
� /' L1 1/ 4
Tn /:- ',tnn.,i� njd irn &vA1/0_ O.tic'�ino 'A,./10 /A `-/0/ At -a
* 7. Such public right -of- way /easement has been and is being used as follows:
Procedure for Abandonment of a Public ROW Page 5
488299-0
8. Attached, marked Exhibit No. 6, is the certified appraisal of the value of the land to
be abandoned.
9. Attached, marked Exhibit No. 7, is a Release of Claims executed by each abutting
property owner.
I swear that all of the information contained in this application is true and correct to the
best of my knowledge and belief.
Applicant's Signature:
Applicant's Name: E/� WA D zV A E e
Applicant's Address: A a 9o� W?, En/
Ric,ba j -1s 5
-70 SL
Applicant's Phone Number: 2111 5 q3 - � 6 87
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF §
Subs r �ibed and sworn �tp befo a me, a Not Public, this �� day of
34 y ,
sv Po
M Y -2017
Procedure for Abandonment of a Public ROW
488299.v I
(�L - V. &,90.11 — —
Nota Pubp in and for the S I to of Texas
Page 6
Application for Abandonment of
a Public Right -of-
Way /Easement
Located: Lot 37, Block 16, Railroad Addition
EXHIBIT NO. 1
Attached is a copy of the metes and bounds description (dividing the area in half) of the
public right -of- way /easement situated in P, Q;/ R&-a-d
Addition /Subdivision to the City of Wylie, IBS County, Texas, sought to be
abandoned.
Procedure for Abandonment of a Public ROW Page 7
488299.v 1
Application for Abandonment of
a Public Right -of-
Way /Easement
Located: Lot 37, Block 16, Railroad Addition
EXHIBIT NO.2
Attached is a copy of a plat or detailed sketch of the public right -of- way /easement
sought to be abandoned in the above - mentioned application, showing the surrounding
area to the nearest streets in all directions, abutting lots, the block or blocks in which the
portion of the public right -of- way /easement sought to be vacated is situated, and the
addition or subdivision in which the portion of the public right -of -way /easement sought
to be abandoned is situated. Also, the names of record owners of the abutting lots are
shown.
(If the property has not been platted, applicant has six months from date of City Council
approval to complete all steps required for purchase of the abandonment and filing a
plat or replat with County in accordance with the final plat requirements of the
Subdivision Ordinance.)
Procedure for Abandonment of a Public ROW Page 8
488299.v I
Application for Abandonment of
a Public Right -of-
Way /Easement
Located: Lot 37, Block 16, Railroad Addition
EXHIBIT NO. 3
The undersigned public utility companies, using or entitled to use, under the terms and
provisions of our respective franchises with the City of Wylie, that portion of the public
right -of -way /utility easement sought to be abandoned in the Application for
Abandonment above referred to, do hereby consent to the abandonment of the
described portion thereof.
/U / A GAS COMPANY
M
Title All A
BY:
Title
TELEPHONE COMPANY
N/ J9 ELECTRIC COMPANY
BY:
Title
Procedure for Abandonment of a Public ROW Page 9
488299.v I
Application for Abandonment of a Public Right -of- Way /Easement
Located: Lot 37, Block 16, Railroad Addition
L*M 11:1 k A 2 IQX!
The undersigned, City staff of the City of Wylie, certify that they have carefully
considered the Application for Abandonment of the public right -of- way /easement
referred to above pursuant to City ordinances and with respect to present and future
needs of the City of Wylie and see no objection to the requested abandonment from the
City's standpoint.
Il... . ! 'Vol
Planning Director
4#IV1V -
Director of Public Se ices
Procedure for Abandonment of a Public ROW
488299A
F.-VM�P�
F
S r
Fire Marshal
Page 10
k�
Application for Abandonment of
a Public Right -of-
Way /Easement
Located: Lot 37, Block 16, Railroad Addition
EXHIBIT NO. 5
The attached letters represents, owners of property abutting upon that portion of the
public right -of- way /easement named and described in the Application for Abandonment
of a Public Right -of- Way /Easement referred to above, do hereby consent to such
abandonment.
'*') I A
Procedure for Abandonment of a Public ROW Page 11
488299.v I
EXHIBIT NO.5
CITY OF WYLIE
[DATE) ti I
[Name & Address]
RE: Abandonment of Right -of -Way
Located at: Lot 37, Block 16, Railroad Addition
To Whom It May Concern:
An abutting property owner of the above referenced public right -of -way has requested that the
City abandon said right -of- way /easement. The City Council will consider this request in the near
future. If abandoned, the half of the width of the right -of- way /easement will be offered for sale to
the owners of abutting properties at the appraised fair market value, in accordance with
Ordinance No. 2007 -21, Section 2.12 of the Subdivision Regulations of the City of Wylie.
County records indicate that you are an owner of property abutting the subject portion of right -
of -way /easement. Please complete the questions below, and return this letter to the City of Wylie
Planning Department, 300 Country Club Road, Building 100, Second Floor, Wylie, Texas 75098
at your earliest convenience.
I do ( ), I do not ( ), agree to the abandonment of the subject right -of- way /easement.
If abandoned by the City, I am ( ), I am not ( ), interested in purchase of, at fair market value,
that portion of the right- of-way /easement abutting my property.
If you do not wish to purchase the offered land, it will be offered to the other abutting property
owners. All of the abandoned right -of -way must be purchased by the abutting property owner(s)
within six (6) months of City Council approval. Unless the entire area is sold, the right -of-
way /easement will not be abandoned.
Signature of property owner or authorized agent
Procedure for Abandonment of a Public ROW Page 12
488299.v 1
EXHIBIT 6
CERTIFIED APPRAISAL OF THE VALUE OF THE LAND
Procedure for Abandonment of a Public ROW Page 13
488299.vl
EXHIBIT 7
RELEASE OF CLAIMS
In consideration of the abandonment of 4,318 square feet of public right -of -way which is
a part of the Railroad Addition, Lot 37, Block 16, and adjacent to Lot 1 of Block A of the Dollar
General Addition, and contiguous to the recently abandoned right -of -way of 3'd and Oak Streets
of the Original Town of Wylie, Texas, as recorded in Volume 5872, Page 1536, of the Deed
Records of Collin County, Texas, as more particularly described in Exhibit "A" attached hereto
and incorporated herein for all purposes (the "Right -of- Way "), the receipt and sufficiency of
which is hereby acknowledged, we, n 60/e e b release any and all
claims against the City of Wylie, Texas, and its Council Members, officers, agents, employees
and representatives, which we may possess at the time of the execution of this document, or
which come to exist as a result of conduct occurring prior to our execution of this document,
relating in any way to the Right -of -Way.
We are fully authorized and empowered to execute and enter into this Release upon the
terms stated herein, and fully authorized and legally competent to execute this Release as the
legal, valid and binding act and deed of the releasing party(ies). We represent and warrant that
the claims released above are currently owned solely by us,
Fa w a d n a ye h , free and clear of all liens, encumbrances, pledges,
assignments, claims and security interests of any kind or nature. We further represent and
warrant that we have the right to compromise and settle the claims and any other claims that
could have been asserted by us which relate in any way to the Right -of -Way.
We agree to indemnify and hold harmless the City of Wylie, Texas, and its Council
Members, officers, agents, employees and representatives from any and all costs and damages
arising from claims or encumbrances contrary to the representations and warranties contained in
the preceding paragraph of this Release.
This Release shall be binding upon and inure to the benefit of the parties' respective legal
heirs, successors and assigns.
Should any portion (word, clause, phrase, sentence, paragraph or section) of this Release
be declared void or unenforceable, such portion shall be considered independent and severable
from the remainder, the validity of which shall remain unaffected.
s In witness whereof, we have
W02 , 20#.
Procedure for Abandonment of a Public ROW
488299A
executed this Release on the LL day of
�WA D MY E -8
Page 14
..
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OFp�_ §
Before me, the undersigned authority, on this day personally appeared
_hay -X. NILVeb , known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed the same for the purposes and
consideration therein expressed.
Given under my hand and seal of office on this the day of ,
2011.
1v�Y'�s MARY V. BRADLEY
r° NOTARY PUBLIC
* * STATE OF TEXAS V A A.
µy Comm �m 01-31-2.017 Nota P lic, State of Texas
My Commission Expires:
D - 3l -aoo�
Filed and Recorded
official Public Records
Stacey Kemp County Clerk
Collin County, TEXAS
11124/2014 11:54:38 AM
$94.00 CJAMAL
20141124001281360
Procedure for Abandonment of a Public ROW Page 15
488299.vI