Ordinance 2015-18 162@16 03:59:28 Ph10R 1118
ORDINANCE NO. 2015-18
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS,
ABANDONING 2,580 SQUARE FEET OF PUBLIC RIGHT-
OF-WAY LOCATED WITHIN THE KELLER'S FIRST
ADDITION,LOT 8R,BLOCK 3; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the property described herein is platted as a twenty foot alley and utility
easement in the Keller's First Addition, Block 3, Lot 8R, said right-of-way being an unimproved
alley; and
WHEREAS, VIAP Properties, LLC, owner of the property that contains said right-of-
way has requested that the right-of-way be abandoned and the required appraisal be waived in
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 or utility purposes,provided that any existing utilities located within said right-
of-way are converted to platted easements 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 — H
attached are no longer necessary for public access or utility purposes, provided that any existing
utilities shall be located within easements, and that said portion of right-of-way should be
abandoned in favor of adjacent property owner(s).
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.2015-18
Abandoning 2,580 square feet of public right-of-way
located within the Keller's First Addition, lot 8r,block 3
F
I
DULY PASSED AND APPROVED by the City Council of the City of Wylie,
Texas,this 12'x'day of May,2015.
Eric Hogue,May r
ATTEST:
Caro Ehrlich, ecretary
e
GVLSA VE OR L. P
5PN AY
oflBS��.
STRTE OF
Ordinance No.2015-18
Abandoning 2,580 square feet of public right-of-way
located within the Keller's First Addition,lot 8r,block 3
"All EXHIBIT A
Wylie Village Dentistry
2014 Highway 78 North suite 150
Wylie, TX. 75098
(972) 575-8885
To members of the Council
As you may already know, l am close to start the development of my property located on 115 S.
Birmingham street. There is currently a 20 feet easement alley on the east side of the property.The
approximate square footage for this easement is 2580.With this letter, I would like to request a waiver
for appraisal and a release of easement on the alley.
The last appraisal done by CBRE for a property bought from the city in 2014 was appraised at$2.64/sqft.
This appraised property is in a prime location with the frontage on highway 78 and in front of First
Baptist Church of Wylie. For comparison purposes,my property is not on a nearly as favorable location
as the above mentioned.Additionally, I already own the land. I would like to request a release of
easement on the property for$1 per sqft.
If the city allows me to purchase this easement, I would increase the size of my building which would
increase the taxable value for the city.
I hope you consider my request and I am looking forward to your response.
Sincerely,
Vinay Kumar
7
EXHIBIT 1113"
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/SUBDIVISIONrs �• rV� J�'1 •
LEGAL DESCRIPTION 1-0 `C 4& 1 r
APPL[ A T(Primary,Contact for the Project : p n
Name .4 E-Mail .rr' V
Street Address 11,0 1 k 2 tK N . '-p k j e>
City State :I.X Zip Code Soq
Phone Number ��L-.5�75�� Uffi Fax Number
PROPERTY OWNER'S INFORMATION(if different from above):
Name E-Mail
Street
Address
City State Zip Code
Phone Number Fax Number
The applicant has prepared this application and certifies that the facts stated herein and exhibits
attached hereto are true and correct.
' natu of ner,Agent or Applicant ' Dto
Procedure for Abandonment of a Public ROW Page 4
488299.0
EXHIBIT "B"
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. N%
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 ri of-way/easement should be ab nned because-.
ja&j AX C'.7, .J-
cum a�n T A
7. Such ublic right-of-way/easement ha een an is being used as II�ws�
s
J
1
Procedure for Abandonment of a Public ROW Page S
488299.v1
EXHIBIT "B"
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.
Applicants Signature: " --� -`
Applicant's Name: ' i /C vary AA
Applicant's Address:
Wj j!g'._ . T4 ?T O 14?
Applicant's Phone Number: 'T 72
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OFA§
Subscribed and. sworn to before me, a Notary Public, this _ day of
20013,by Yid—/Sa�nn�r
A.
osRY Abe�� MARY V.BRADLEY NotaPublIn and for the Sta of Texas
z � NOTARY PUBLIC
STATE OF TEXAS
�9lfaF��+Py My Comm Expires 01.31.2017
Procedure for Abandonment of a Public ROW Page 6
488299.v I
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EXHIBIT "D"
Application for Abandonment of
a Public Right-of-
Way/Easement
Located:
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.
GAS COMPANY
BY:
Title
I TELEPHONE COMPANY
BY:
Title
1y —ELECTRIC COMPANY
Title he
Procedure for Abandonment of a Public ROW Page 9
498299A
L
EXHIBIT "E"
Application for Abandonment of Public Ri ht-ot Way,,Eas meant
Located: `�C, 25�. U Ys �
EXHIBIT NO. 4
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.
City Engineer Buil . g O cial
"lanninag Fire Marshal
Director of Public Services
Procedure for Abandonment of a Public ROW Page 14
488299M
EXHIBIT "F"
EXHIBIT NO.5
CITY 01:'VVYLII;
[DATE]If
[Name&Address] �lo 1yc
to I u tr 72 -?So 9fd
RE: Abandonment of igh-of-Way
Located at: A
24`
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.
1 do( :), 1 do not( ),agree to the abandonment of the subject right-of-way/easement. -
If abandoned by the City, I am( ), I am not(N�, 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-
w easnot a doped.
Signature of propertyne or rized agent
Procedure for Abandonment of a Public ROW page 12
488x99M
EXHIBIT 711
EXHIBIT NO.5
CITY OW,
[DATE] _
[Name&Address] In W00d NADA l $al1:"wood JV 460 41 /344
79 t ihwooRor. .For 'gooS• y ��
D 6tas�TJ( -7�y wy 1;e
RE: Abandonment of Right-of-Way
Located at: 1157' % '�-Am
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 ofthe 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(14 I do not( ),agree to the abandonment of the subject right-of-way/easement.
If abandoned by the City, I am( ), I am not(01 interested in purchase of, at fair market value,
that portion ofthe 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 (5) months of City Council approval: Unless the entire area is sold, the right-of-
way/easement will nolbeabandoned.
Signature of property owner or Authorized agent
Procedure for Abandonment of a Public ROW Page 12
488299.0
EXHIBIT "G"
RELEASE OF CLAIMS
In consideration;,of the abandonment of the Xf fO of right-of-way
which is apart of01/-' 1C. and adjacent to Lots of Block
of the Original Town of Wylie. Texas, according to the Plat thereof recorded in Volume Zy/f;
Page I? �, of the Deed Records of County,County, Texas, as more particularly
described in Exhibit "A"attached hereto and incorporated herein for all purposes(the"Right-of-
Way"), 4 t e receipt and sufficiency of -- which is hereby acknowledged, we,
a1PJW'�Jf-s t14ft-lease any and all claims against the City of Wylie,Texas,
and its Council Members,officers,agents, employe.:.s and representatives, which we may possess
at the time of the execution ofrthis docunnent, or which come to exist as a result of conduct
occurring prior to our execution of this document, relating in anyway to the Right-of-Way.
We are fully amhorized and empowered to execute and enter into this Release upon the
terms stated herein, and fully autho fled and Legally competent to execute this Release as the
legal, valid and binding act and dee;; Of the releasing party(ies). We represent and warrant that
the la' s released above are currently owned solely by us,
OXA /?o 6 LGr, tree and ciear of all liens encumbrances pledges,
assignments, claims unu 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 iruerwnify and ?sold harrrJess the City of Wylie, Texas, and its Council
Members, o fcers, agents, employces and representatives from any and all costs and damages
arising from claims of ancumbrances coinrar��to th.. rep:Esentations and warranties contained in
the preceding paragraph of this Release.
This Release shall be binding upon and inurr,to the benefit of the parties'respective legal
heirs, successors and assigns.
Should a,,y poriicn (Word, clause, p'rirase, sentence, paragraph or section) of this Release
be declared void or i,r.eriibrceable, tuc;1 portion shall be considered independent and severable
from the remainder, the vailluiity 6i wft-Jc i ;hall remairl wiaffected.
In witness whereof, we have executed this Release on the day of
r
Procedure for Abandonment of a Public ROW Page l5
A88299.v1
EXHIBIT "G"
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF §
Before me, the undersigned authority, on this day personally appeared
known to me to be the person whose name is subscribed to the
foregoitig instrument, and acknowledged to me that he executed the same for the purposes and
consideration therein expressed.
Given under my hand and sea] of office on this the day of C&I ,
20W.
E
MARY V.BRADLEYNOTARY PUBLICSTATE OF TEXAS
f Py My Comm.Expires 01-31-2017
No F �Iriic-, State of Tel
My Commission Expires:
/
VI/-z5(!Oi®j!
STATE OF TEXAS §
§
COUNTY OF §
Before me, the undersigned authority, on this day personally appeared
known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that she executed the same for the purposes and
consideration therein expressed.
Given under my hand and seal of office on this the day of
200 .
Notary Public, State of Texas
My Commission Expires:
Procedure for Abandonment of a Public ROW Page 16
499299M
VALUATION &ADVISORY SERVICES
EXHIBIT "H" w.BRE
2100 McKinney Avenue,Suite 700
Dallas,Texas 75201
T (214)979.5681
F (214)979.6395
www.cbre.com
September 18, 2014
Air. John Nayeb
The Nayeb Group
1264 West Spring Valley Road
Richardson,Texas 75080
RE: Appraisal of Vacant Land
NEC State Highway 78 and Oak Street
Wylie, Collin County,Texas 75098
CBRE, Inc. File No.: 14-361 HO-1584
To Mr. Nayeb:
At your request and authorization, CBRE, Inc. has prepared an appraisal of the market value of
the referenced property. Our analysis is presented in the following appraisal report.
The subject is a 0.099-acre (4,318 square foot)tract of vacant land (retail/commercial) located at
the northeast corner of State Highway 78 and Oak Street in Wylie, Texas. The subject's small size
and irregular shape limits the potential buyer pool for this property. The most likely end user is
an adjoining property owner. Based on the analysis contained in the following report,the market
value of the subject is concluded as follows:
MARKET VALUE CONCLUSION
Appraisal Prelr►se Interesi Appraised Date of Volvo Value Conclusion
As Is Fee Simple Estote April 8,2014 $11,400
Compiled by CBRE
The report, in its entirety, including all assumptions and limiting conditions, is an integral part of,
and inseparable from, this letter.
The following appraisoi sets forth the most pertinent data gathered, the techniques employed,
and the reasoning leading to the opinion of value. The analyses, opinions and conclusions were
developed based on, and this report has been prepared in conformance with,the guidelines and
recommendations set forth in the Uniform Standards of Professional Appraisal Practice (USPAP),
the requirements of the Code of Professional Ethics and Standards of Professional Appraisal
Practice of the Appraisal Institute. It also conforms to Title XI Regulations and the Financial
Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA) updated in 1994 and further
updated by the Interagency Appraisal and Evaluation Guidelines promulgated in 2010.
The intended use and user of our report are specifically identified in our report as agreed upon in
our contract for services and/or reliance language found in the report. No other use or user of
the report is permitted by any other party for any other purpose. Dissemination of this report by
EXHIBIT "H"
Mr. John Nayeb
September 18,2014
Page 2
any party to non-client, non-intended users does not extend reliance to any other party and
CBRE, Inc. will not be responsible for unauthorized use of the report, its conclusions or contents
used partially or in its entirety.
It has been a pleasure to assist you in this assignment. If you have any questions concerning the
analysis, or if CBRE, Inc. can be of further service, please contact us.
Respectfully submitted,
CBRE, Inc. -VALUATION &ADVISORY SERVICES
Hayden D. Littlefield Julius Blatt, MAI, MRICS
Vice President-VAS Managing Director
TX-1324546-G TX-1320703-G
Phone: 214-979-5681 Phone: 214-979-5672
Email: hayden.littlefield@cbre.com Email: julius.blatt@cbre.com
CBRE
® EXHIBIT ttH't
Executive Summary
Executive Summary
Property Name VocantLand
Location NEC State Highway 78 and Oak Street,Wylie,
Collin County,Texas 75098
Highest and Beat Use
As If Vacant Future Retail
Property Rights Appraised Fee Simple Estate
Land Area 0.099 AC 4,818 SF
Buyer Profits Owner-user
VALUATION Total for SF
Land Value 511,400 $2.64
CONCLUDED MARKET VALUE
Appraisal Premise Interest Appraised Date of Value Value
As is Fee Simple Estate April 8,2014 511,400
Comphd by CBRE
Strengths, Weaknesses: Opportunities and Threats (SWOT)
Strengths and weaknesses are internal to the subject;opportunities and threats are external to the
subject
Strengths/Opportunities
• The subject is situated along two well traveled traffic carriers for the neighborhood and
surrounding areas, thereby receiving an exposure level equal to most competing properties;
• Traffic counts are reported at 14,236 vehicles per day along State Highway 78 and 469
vehicles per day along Oak Street;
• The subject is located in an area with an upper-middle income demographic profile.
• The immediate area surrounding the subject is a favorable area for commercial development;
• Disposable income within a 3-mile radius of the subject is considered average for the MSA;
• The annual rate of change for All Retail Stores is indicated as 3.5%, 3.6% and 3.4% on 1.0-,
3.0- and 5.0-mile radii, respectively. V&en excluding the Auto Dealers category, the rate of
change for all retail is 4.0%, 4.2%and 4.0%at the 1.0-, 3.0- and 5.0-mile radii, respectively.
As noted, demand for most retail products is expected to increase over the next five years;
Weaknesses/Threats
• The subject's irregular shape and small site size limit the potential end uses for the site;
• The subject's irregular shape and small site size limit the potential buyer pool, with the mosi
likely end user being an adjoining property owner..
Extraordinary Assunnp:io.-is
An extraordinary assumption is defined as "an assumption directly related to a specific
assignment, which, if found to be false, could alter the appraiser's opinions or conclusions.
CIBIRE
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9. LANDSCAPE REOUIREO(20%GROSS AREA11 2.704 SF EQ[[ rM-o —
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After Recording Return To:
City of Wylie
Attn: Stephanie Storm
300 Country Club Rd.4100
Wylie,TX 75098
/—Filed and Recor e
Official Public Records
Stacey Kemp, County Clerk
Collin County, TEXAS
09/16/2016 03:59:28 PM
$94.00 CJAMAL
20160916001241550