Resolution 2016-09 RESOLUTION NO.2016-09(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, AUTHORIZING.THE CITY MANAGER TO EXECUTE THE
DECLARATION OF-DEED RESTRICTION RELATING TO PROPERTY
OWNED BY WKLIE AND' LOCATED AT 900 W. KIRBY, WYLIE,
TEXAS 75098; FURTHER AUTHORIZING THE CITY MANAGER TO
TAKE ANY AND ALL OTHER ACTIONS NECESSARY TO
EFFECTUATE THE SAME; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has
investigated and determined that it is in the best interest of the City of Wylie, Texas ("Wylie")
and its citizens to approve the Declaration of Deed Restriction ("Declaration"), concerning the
future use of real property owned by Wylie and located at 900 W. Kirby, Wylie, Texas 75098;
and
WHEREAS,the City Council has further investigated and determined that it is in the best
interest of Wylie and its citizens to authorize the City Manager to execute the Declaration and to
take any and all other actions necessary to effectuate the Declaration.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WYLIE,TEXAS:
SECTION 1: Findings Incorporated.rated. The findings set forth above are incorporated into
the body of this Resolution as if fully set forth herein.
SECTION 2: Authority of City Manager to Execute Consent. The City Manager is
hereby authorized to execute the Declaration and to take any and all other actions necessary to
effectuate the same. The form of the Declaration is attached hereto as Exhibit A and
incorporated herein for all purposes. Should the final executed version of the Declaration be
revised from the version attached as Exhibit A. such final executed version shall replace Exhibit
A of this Resolution for all purposes.
SECTION 3. Effective Date. This Resolution is effective immediately upon its passage.
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Resolution No.2016-09(R)
Declaration of Deed Restriction relating to property at
900 W.Kirby,Wylie Texas 75098
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE,TEXAS, on the 12th day of April, 2016.
Eric Hogue,4y kr)
ATTEST:
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C ole Ehrlich,UFSecretary �0
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Resolution No.2016-09(R)
Declaration of Deed Restriction relating to property at
900 W.Kirby,Wylie Texas 75098
Exhibit A
Declaration
[3 pages attached hereto]
AFTER RECORDING RETURN TO:
City of Wylie
Attention:City Manager
300 Country Club Road
Wylie,TX 75098
DECLARATION OF DEED RESTRICTION
This Declaration of Deed Restrictions("Declaration")is made this day of ,2016
(the"Effective Date")by the CITY OF WYLIE,TEXAS,a home-rule municipality("Declaran
RECITALS:
WHEREAS, the real property subject to this Declaration is located in Wylie, Collin
County, Texas, and is more particularly described in Exhibit A attached hereto and incorporated
herein by reference (the"Pro e "); and
WHEREAS,Declarant is the sole owner of the Property; and
WHEREAS, Declarant, as the owner of the Property, intends by the recording of this
Declaration to subject the Property to the restrictions hereinafter set forth for the mutual benefit
of the Declarant and for the present and future owners of any and all portions of the Property and
their respective heirs, executors, successors, assigns, grantees, mortgages and tenants of all or
part of the Property; and
WHEREAS, Declarant hereby declares that the Property shall be held, sold, conveyed,
encumbered, mortgaged, hypothecated, leased, used, occupied and improved subject to the
restrictions set forth in this Declaration.
NOW THEREFORE,Declarant hereby declares as follows:
1. Restriction on Use of Property. The Property shall be used for commercial or
industrial uses only. The Property may not be used or developed for any type of residential,park,
day care or school purposes, and no structure on the Property shall be used at any time as a
residence,park, day care or school (collectively, the"Restriction").
2. Enforcement and Amendment.
a. The Restriction set forth herein: (i) shall be considered a "covenant running with
the land"; and (ii)will bind Declarant, its successors and assigns, and all present
and future owners of any and all portions of the Property and their respective
heirs, executors, successors, assigns, grantees, mortgages and tenants of all or part
of the Property. In the event of a violation of the Restriction, Declarant will have
the right to seek injunctive or any other legal or equitable relief in connection with
Resolution No.2016-09(R)
Declaration of deed restriction relating to property at
900 W. Kirby, Wylie Texas 75098
such violation and to recover from the person or entity responsible for the
violation all of its expenses and costs incurred in connection therewith, including,
but not limited to, attorney's fees and court costs.
b. The Restriction hereunder encumbering the Property: (i) shall inure to the benefit
and may be enforced by Declarant or Declarant's successors or assigns; (ii)may
be modified only with the written consent of Declarant or Declarant's successors
or assigns, which said written consent must be acknowledged and recorded in the
Official Public Records of Collin County, Texas; and (iii) shall remain in effect
and bind the Property from the date of recording in the Official Public Records of
Collin County, Texas, for a term of ten (10) years and shall be automatically
extended for consecutive terms of ten (10) years unless a written instrument of
waiver, amendment, or termination has been recorded in such public records
expressly modifying or terminating this Declaration, in which case this
Declaration shall be modified or terminated as specified therein.
C. If any provision of this Declaration shall be unlawful, void or voidable for
violation of the rule against perpetuities, then such provisions shall continue only
until twenty-one (21) years after the death of the last survivor of the now living
descendants of George H.W. Bush, the 41st President of the United States of
America.
Declarant has executed this Declaration to be effective as of the Effective Date.
DECLARANT:
CITY OF WYLIE, TEXAS,
a home-rule municipality
By:
Mindy M",,.City Manager
THE STATE OF TEXAS §
COUNTY OF COLLIN §
This instrument was acknowledged before me this /11_1�yrday of ,e/ 2016 by Mindy Manson,City
Manager of the City of Wylie,Texas,a home-rule municipality,on behalf of said icipality.
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F TEXASPubli gnature
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Resolution No.2016-09(R)
Declaration of deed restriction relating to property at
900 W. Kirby, Wylie Texas 75098
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
Legal Description:
All that certain tract or parcel of land situated in Collin County, Texas, being a part of a 31 acre tract and
all of a 5.00 acre tract out of E.C. Davidson Survey Abstract 266 described in the deed to the Lease Back
Corp. by James H. Hale by deed recorded in Volume 817, Page 230 of the deed records of Collin County,
Texas, said five acres being more fully described as follows:
BEGINNING at the Southwest comer of the 31 and 5.00 acre tracts in the North line of the Old Plano-
Mills Road, a county road;
THENCE North along the East line of the 31 and 5.00 acre tracts and the West line of the City of Wylie
tract a distance of 915.80 feet to corner in the South line of the S.L. &S.W.R.R.;
THENCE South 84 degrees 52 minutes West along the South line of the said Railroad and the North line
of the 5.00 acre tract a distance of 240.16 feet to a corner;
THENCE South along the Wet line of the 5.00 acre tract a distance of 904.48 feet to corner in the South
line of the 31 acre tract in the Southwest corner of the 5.00 acre tract in the North line of the County
Road;
THENCE North 87 degrees 34 minutes East along the North line of the County Road and the South line
of the 31 acre and 5.00 acre tracts a distance of 239.42 feet to the PLACE OF BEGINNING and
containing 5.00 acres of land, more or less.
SAVE AND EXCEPT the following property:
described Perty:
Situated in Collin County, Texas, a part of the E.C. Davidson Survey, Abstract No. 266, and being 0.3284
acres, more or less, out of a 5.0 acre tract described in the deed from Lease Back Corporation to
Chemical Recycling Inc., dated April 18, 1975, recorded in Volume 982, page 910 of the Collin County
Records and being particularly described by metes and bounds as follows:
BEGINNING at a point in the north right of way line proposed F.M. 544 and West line of 5.00 acre tract,
said point bears South 04 degrees 00 minutes 30 seconds West a distance of 866.50 feet from the
northwest corner of 5.00 acre tract;
THENCE South 88 degrees 09 minutes 30 seconds East, a distance of 238.44 feet to a point in the East
line of 5.00 acre tract;
THENCE South 4 degrees 02 minutes 30 seconds West, a distance of 60.04 feet to a point in the
centerline of county road;
THENCE North 88 degrees 09 minutes 30 seconds West, a distance of 238.40 feet to the West line of
5.00 acre tract;
THENCE North 4 degrees 00 minutes 30 seconds East, a distance of 60.04 feet to the Place of
Beginning. Said tract of land containing 0.3284 acres, more or less, of which 0.1367 acres is contained in
an existing county road, thus leaving a net area of 0.1917 acres.
And Further known for ad valorem property tax purposes and Collin County Tax accounts 424598 and R-
6266-000-0030-1 and described by the Collin County Appraisal District as ; Abs A0266 E C Davidson
Survey, Tract 3, 4.67 acres.
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