Resolution 2016-28 RESOLUTION NO.2016-28(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A
RELEASE OF EASEMENT; AND PROVIDING FOR AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WYLIE,TEXAS:
SECTION 1. The City Manager of the City of Wylie, Texas is hereby authorized to
execute, on behalf of the City Council,the Release of Easement that is attached hereto as Exhibit
A and incorporated herein for all purposes. The City Council has investigated and determined
that the facts stated therein are true and correct.
SECTION 2. This Resolution is effective immediately upon its passage.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE,TEXAS on this 14th day of November, 2016.
f e� 7L
Enc Hogue, ay
ATTEST: �j
Carole Ehrlich, Ci Secretary
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Resolution No.2016-28(R)
Authorizing Execution of Release of Easement Page 1 of 2
2012542
EXHIBIT A
Release of Easement
[8 pages attached hereto]
Resolution No.2016-28(R)
Authorizing Execution of Release of Easement Page 2 of 2
2012542
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,YOU MAY REMOVE OR
STRII(E 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,PLEASE RETURN TO:
City of Wylie
Attn:Chris Holsted
300 Country Club Road
Wylie,Texas 75098
RELEASE OF EASEMENT
This Release of Easement ("Release") is effective as of the 14th day of November, 2016,
by the CITY OF WYLIE, TEXAS, a home-rule municipality("Wylie").
WHEREAS, Geoff M. Kilgore and Julie C. Kilgore conveyed to Wylie an easement and
right to install, among other things, sanitary sewer facilities in that certain Easement recorded
under Instrument No. 20160120000063030 in the Real Property Records of Collin County,
Texas, as more particularly described and depicted in Exhibit A, attached hereto and
incorporated herein for all purposes("Easement'); and
WHEREAS, Wylie has investigated and determined that there no longer exists a public
necessity for the Easement; and
WHEREAS, Geoff M. Kilgore and Julie C. Kilgore, the current owners of the tract of
land subject to the Easement,have asked Wylie, and Wylie has agreed,to release the Easement.
NOW, THEREFORE, for and in consideration of the premises,the above recitals and the
covenants herein contained, the receipt and sufficiency of which are hereby acknowledged,
Wylie agrees to release and does hereby release the Easement in its entirety.
IN WITNESS WHEREOF, Wylie has executed this Release as of, but not necessarily on,
the day and year first above written.
CITY OF WYLIE, TEXAS,
a home-rule municipality
By:
Mindy Manson, City Manager
Release of Easement Page 1 of S
2011452
STATE OF TEXAS §
COUNTY OF COLLIN §
This instrument was acknowledged before me this _ day of , 2016, by
Mindy Manson, City Manager of the CITY OF WYLIE, TEXAS, a home-rule municipality, for
and on behalf of said municipality.
Notary Public, State of Texas
Release of Easement Page.2 of 8
2011452
EXHIBIT A
Easement
111101110111111L 08:41:34 RM EPI 1/7
EASEMENT
STATE OF TEXAS §
COUNTY OF COLLIN §
Geoff M. Kilgore and Julie C. Kilgore (hereinafter called "Grantor"), for and in
consideration of the sum of Ten and No/100 Dollars($10.00)to it cash in hand paid and other good
and valuable considerations,paid by the City of Wylie,Texas,(hereinafter called"Grantee"),the
receipt and sufficiency of which is hereby acknowledged and confessed,have granted,sold and
conveyed and by these presents does grant,sell and convey unto Grantee,an exclusive easement
which shall be used,among other things,for the purpose of placing,constructing,operating,
repairing,maintaining,rebuilding,replacing,relocating,and removing sanitary sewer line(s),
i
facilities,systems and services,together with the customary uses attendant thereto,under,across
and along the following described property situated in Collin County,Texas,to-wit:
SITUATED in the Francisco De La Pena Survey,Abstract.No.688,Collin County,
Texas,and being approximately 15,150 square feet of land,more or less,more fully
described in Exhibit"A"attached hereto and incorporated herein for all purposes.
TO HAVE AND TO HOLD unto the said Grantee, its successors and assigns, the 1
above-described casement perpetually.
The conveyance includes a temporary construction easement as described on Exhibit"A"
for the purpose of excavation,construction and laying of said underground sewer line(s),facilities
and systems. The said temporary easement granted herein and described will terminate and cease
upon(i)the completion of the installation and testing of said underground sewer line(s)facilities
and systems,and(ii)the acceptance of such line(s),facilities and systems by the City of Wylie.
The Grantee herein,its successors and assigns,shall have and it is hereby granted the rights of
P2gel
DALlAS8597122_1 116551000009
Release of Easement Page 3 of 8
2011452
ingress and egress for all purposes incidental to said grant upon the conditions that-the Grantee will; j
at all Yimcs.aftcr doing work in connection with the.construction,altei-alion`ot repair,of said
underground easement;restore said,premises to:substantially the same conditions in which same
were found'before such work was undertaken.
E
This instrument shall not be considered as a deed`to said property or any part thereof and
i
the.right is hereby reserved.to Grantor,its successors and,assigns;to.use such property to
landscape and build'and construct fences, driveway s;:parking lots and::other associated:
intproventcnts over or.across said easement;provided,however,that in no event shall a.wall;
structure or building of anytype or;any piling;pier or isolated footing of any,wall,structure or
,wilding I*placcd directly;on said casement:
This instrument shall be binding upon the sucocssors and assigns of the parties hereto:
This agreement,together with die.other provisions'herein„,shall constitute-a covenant
runniirg with the land for the-benefit of Granteeand Grantor and their;successors>and assigns.
i
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Paget
pALWASM21-1116551000009:.
Release of Easement Page 4 of 8
2011452
IN WITNESS WHEREOF,Grantor has caused this Easement to be signed,and Grantee
has caused its acceptance of this Easement to be evidenced by the signatures of its duly authorized
officers Us of tggrr.16
y September,2015.
GRANTOR:
i
Geoff t gore
AUie .Kilgore
GRANTEE:
CITY OF WYLIE,TEXAS
ATTEST: By: ZM_"
Name: ERta UE
Title: MAli oR-
vge e,&Y.vc1'
Pone J
nALUMSA859M.2_1 116551000009
Release of Easement Page 5 of 8
2011452
ACKNOWLEbO1V EMS
STATE,OF TEXAS §
COUNTY OF Cid i a'} § flI Jv9Utd t�As
This instrument was acknowledged before me on the I -day of Soptetnber,2015;by
Geoff M.Kilgore,for the purposes thereinstated., j
.R"° CHELSFJ\MCKENZIE Trotary Public,State of Texas
Noraav auuuc Notary' Pintcd N tc:
* * STATE OF TEXAS ,;Jy 1!1 D ��I
E�,��, lAyeanm Ecjr'ma 0&262Q19-. - L�'d_K1
My commission expires:
STATE OF TEXAS
.COUNTY OFA §
Alou.,K�,,�,�
This instrument was acknowiedged'before me on ahe— -day ofSeptemlicr;21115,by.
Julie C Kilgore;Far the pu poses'therein stated
EueN arc----- Notary PO ic,State of Texas
Hnvr n"PuBuc Notary's Printed.Name:
®R'
ANyco EweEi 0,2F'T058. --'�.
My eonimisslonexpires:
i
STATE OF TEXAS §
COUNTY'OF1�'1 §
This instrument was acknowledged before me on ihe. day of 491=12015,by
of Iiie
City:of Wy te,Texas,on behalf of the:City 1'or the p s 1 in stated.
14 A An
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Release of Easement Page 6 of 8
2011452
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DIETZ ENGINEERING PROPOSED 15' a (�
205 S.Alma Drive SANITARY SEWER �---�
ALLEN,TEXAS 75013 EASEMENTTO
PH (972)889-9977 CITY OF WYLIE srvE!°=Ire
EXHIBIT
Release of Easement Page 7 of 8
2011452
{
FIELD NOTES:
15—Foot Sanitary Sewer Easement
To the City of.,Wylie,Texas,
.SITUATED in Collin County,Texas in the Francisco De La Pena Survey,Abstract No.688;and being out of
6.00 acre tract of land conveyed t6peoff M and wife,Julie C.Kilgcre,by-deed recorded in Instrument No.
20140522000507760,Official Public Records Collin County,Texas(O.P.R.C.T);and being more fully
descriGed as follows:
COMMENCING afa point in'thecenter of.E Stone Road at the southwest comer of said 6.00 acre tract,
said point also being the southeast corner of a 2.026 acre tract of land conveyed to Christopher D.and;
Laude L Pollard by:deed recorded in Volume 3296,Page'223,'of the Deed Records of Collin County,.Texas
THENCE North 00 degrees 60 minutes 216econds West,leaving said corner and along the west lineof said
Kilgore tractand the east line of said Pollard tract,a distance of 29:14 feetto a.314 inch iron rod found in the
southline of an existing 15-footw6ter line'easement recorded in Volume 4863,;Page 278 D.R.C.C,T.,;geing
the POINT OF.BEGINNING fora 15-f6ot sanitary sewereasement
THENCE North 89 degrees 20,ninutes 10 seconds East,leaving the west line of said.Kilgore tract
along the south line of said water easement,a distance of 28U2 feet Wan angle point•,
seconds west,,leaving said south line and.15-feet West THENCE North OO degrees 58'mtnutes 57 ,
parallel with the east line of said Kilgore tract,a distance of 484;05 feet to an angle poi
THENCE North 16 degrees 29.minutes 13;'seconds West,a'distance of 215.92feet to a point an angle polnt
THENCE North 00'degrees 45 minutes 33 seconds West;a distance of 9.19 feet to a point In the south line.
of a 2:00 acre tractof land conveyed to WA and wife;P,.l.Hubeny,as recorded in Volume 3849;Page 460;
D.R.0 C.T,:
THENCE North 89 degrees 16.minutes37 seconds East,along the,south lineof said Hubeny tract.a.
distance o,65 feet to an angle point
THENCE South 00 degrees 45 minutes 33,seconds East;leaving;said south line,a distance of 6.89 feet to
an angle point
THENCE South 18,degrees29-minutes 13'seconds East,a distance of 215:84:feet to a point an angle point
in le east line of said Kilgore trach,
THENCE South 06.degrees 58'minutes 57:seconds East,along said east line,a distance of 601.441eet to-a
518-inch"iron rod found in the east line of said Kilgoretract
THENCE South 8646grees20 minutes 10 seconds West,leaving the eastline of saidKilgore tract,a
distance of 300.97 feet to an angle point.in the west lineof said.Kilgore tract, "
THENCE North.00'degrees 00 ni nutes 27 seconds West,along said west line of said Kilgore tract and the
east line of said Pollard tract,a distance tif'.15.06 feet to the POINT OF BEGINNING and containing;15,150
square feet of land, rt
g��g*eqy,
r WEND L Ft.DAY;
EXHIBIT A_,
_
Release of Easement Page 8 of 8
2011452
S R I(I 1r
X16 03:31:34 PM Eft W
EASEMENT
STATE OF TEXAS §
COUNTY OF COLLIN §
John Englar and Yanyu Duan(hereinafter called"Grantor"),for and in consideration of the sum of Ten
and No/100 Dollars($10.00)to it cash in hand paid and other good and valuable considerations,paid by the City of
Wylie,Texas, having an address at 300 Country Club Rd.,Building 100,Wylie,Texas 75098 (hereinafter called
"Grantee"), the receipt and sufficiency of which is hereby acknowledged and confessed, have granted, sold and
conveyed and by these presents does grant,sell and convey unto the City of Wylie,Texas, an exclusive easement
which shall be used for the purpose of placing,constructing,operating,repaving,maintaining,rebuilding,replacing,
relocating,and removing utility sewer lines and services,together with the customary uses attendant thereto,under,
across and along the following described property situated in Collin County,Texas,to-wit:
SITUATED in the Francisco De La Pena Survey, Abstract. No. 688, Collin County, Texas, and
being 1,446 square feet of land,more or less,more fully described as the"20-Foot Sanitary Sewer
Easement"on Exhibit"A"attached hereto and incorporated herein for all purposes.
TO HAVE AND TO HOLD unto the said City of Wylie, Texas, its successors and assigns, the above-
described easement perpetually.
The conveyance includes temporary construction easements more fully described on the "20-Foot
Temporary Construction Easement - East" and as the "20' x 40' Temporary Construction Easement - West," as
described on Exhibit"A"for the purpose of excavation,construction and laying of said underground sewer line(s).
The said temporary easements granted herein and described will terminate and cease upon the completion of the
installation and testing of said underground sewer line(s). The Grantee herein,its successors and assigns,shall have
and it is hereby granted the rights of ingress and egress for all purposes incidental to said grant upon the conditions
that the Grantee will at all times after doing work in connection with the construction, alteration or repair of said
EASEMENT—WyHe/Englar Page 1
4853-2939-3717.31116551000009
underground easement,restore said premises to substantially the same condition in which same were found before
such work was undertaken.
This instrument shall not be considered as a deed to said property or any part thereof,and the right is hereby
reserved to Grantor, its successors and assigns, to use such property to landscape and build and construct fences,
driveways,parking lots and other associated improvements over or across said easement;provided,however,that in
no event shall a wall, structure or building of any type other than those previously described or any piling,pier or
isolated footing of any wall,structure or building be placed directly on said easement.
This instrument shall be binding upon the successors and assigns of the parties hereto.
This agreement,together,with the other provisions herein,shall constitute a covenant running with the land
for the benefit of Grantee and Grantor and their successors and assigns.
EASEMENT—WySe/Englar Page 2
4853-2939-3717.3111655\CbM
IN WITNESS WHEREOF, Grantor has caused this Easement to be signed, and Grantee has caused its
acceptance of this Ement to be evidenced by the signatures of its duly authorized officers this day of
YV
=1Iet0-
201 . GRANT®fft:
9?&14=
ATTEST: John Englar
-Vs' . 11111;w
Yanyn nun
STATE OF TEXAS §
COUNTY OF Ct-A §
This instrument was acknowledged before za:nt
byy John Englar.
_ --- ,_ 00
Notary Public,State of Texas
a�o
oltZ{4oterJ?ublicLr^StfN iYSTATE OF TEXAS Printed Name
y Comm.Exp.04-29-59 My commission expires: aw°'Lc!• L�
STATE OF TEXAS §
COUNTY OF(::: ,' -X§
This instrument was acknowledged before me on the/�da a teraber,2016,by Yanyu iDnan.
Notary Public,State of Texas
r�'-� votary Puo,;c ,� C�S s:v. r �l.L. L,...0 O%•l'�,l
ST ATE OF TEXAS Printed Name
My Comm. Exp.04-20-19 2
My commission expires:
EASENEW-WyHe&Var Page 3
4833-2939-3717.3111655\000009
,
..ya is
I a1
RANTEE: ', x�2
ATTEST- THE CITY OF WYLIE,TE
By: �,µt
Name 6G "015tlt 4F. Fla ¢ s"aa4.1>
toso t
Title: `1vvr, {rte ve AA
Title:
STATE OF TEXAS §
COUNTY O i
This instrument was acknowledged before me on the 13 day ofumlgepr,2016,by i
as ,of the City of Wylie,Texas,on behalf of said City.
— - 1. . V- AL
�e MARY V.BRADLEY Not Pu _V e,State of Texas
z° n NOTARY PUBLIC M.
* * STATE OF TEXAS
of * My Comm:Expires o1-3t-2017 Printed Na
My commission expires:
EASEMINT—Wylte/Enear Page 4
4853-2939-3717.3111655\000009
FIELD NOTES
20 —Foot Sanitary Sewer Easement
To the City of Wylie, Texas
SITUATED in Collin County, Texas in the Francisco De La Pena Survey, Abstract No.
688, and being in of a tract of land conveyed to John and Yanyu Duan Englar, by deed
recorded in Instrument No. 20131230001694250, Deed Records Collin County, Texas
(D.R.C.C.T.), and being more fully described as follows:
COMMENCING at a 1/2 iron found at the Southwest comer of a 45.57 acre tract conveyed
to Kreymer Park Partners, LP in Instrument No. 20151123001467340 D.R.C.C.T., from
N.L. Kreymer and Robed Kreymer, and also being in the east line of said Englar tract;
THENCE North 00 degrees 40 minutes 48 seconds East, leaving said comer and along
the east line of said Englar tract and the west line of said Kreymer Park Partners tract, a
distance of 229.41 feet to the POINT OF BEGINNING for a 20-foot permanent sanitary
sewer easement;
THENCE North 88 degrees 42 minutes 07 seconds West, leaving the east line of said
Englar tract, a distance of 72.96 feet to a point in the east line of an existing 30-foot wide
sanitary sewer easement to the City of Wylie;
THENCE North 05 degrees 14 minutes 10 seconds East, along the east line of said 30-
foot sanitary sewer easement, a distance of 14.63 feet to an angle point;
THENCE North 01 degrees 15 minutes 17 seconds East, continuing along the east line of
said 30-1oot sanitary sewer easement, a distance of 8.11 feet to a point in the north line of
said Englar tract;
THENCE South 88 degrees 42 minutes 07 seconds East, leaving the east line of said 30-
foot sanitary sewer easement, and along the said Englar north line, a distance of 71.96
feet to a point in the east line of said Englar tract;
THENCE South 00 degrees 40 minutes 48 seconds West, along said east line, a distance
of 20.00 feet to POINT OF BEGINNING and containing 1,446 square feet of land.
Together with a Temporary Construction easement lying 20-feet and parallel to the
east/west line of the above described easement along with another 20' x 40' Temporary
Construction easement lying on the west line of the existing 30 foot sanitary sewer
easement cited herein. This temporary easement shall expire and cease to exist upon
completion of construction (see Exhibit W)..
F
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e
NO ILL R.®qy
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FIELD NOTES
2®foot Temporary Construction Easement-East
To the City of Wylie, Texas
SITUATED in Collin County, Texas in the Francisco De La Pena Survey, Abstract No.
688, and being in of a tract of land conveyed to John and Yanyu Duan Englar, by deed
recorded in Instrument No. 20131230001694250, Deed Records Collin County, Texas
(D.R.C.C.T.), and being more fully described as follows:
COMMENCING at a 112 iron found at the Southwest corner of a 45.57 acre tract conveyed
to Kreymer Park Partners, LP in Instrument No. 20151123001467340 D.R.C.C.T., from
N.L. Kreymer and Robert Kreymer, and also being in the east line of said Englar tract;
THENCE North 00 degrees 40 minutes 48 seconds East, leaving said corner and along
the east line of said Englar tract and the west line of said Kreymer Park Partners tract, a
distance of 209.41 feet to the POINT OF BEGINNING for a 20 foot temporary construction
easement;
THENCE North 88 degrees 42 minutes 07 seconds West, leaving the east line of said
Englar tract, a distance of 74.33 feet to a point in the east line of an existing 30-foot wide
sanitary sewer easement to the City of Wylie;
THENCE North 05 degrees 14 minutes 10 seconds East, along the east line of said 30-
foot sanitary sewer easement, a distance of 20.05 feet to a point;
THENCE South 88 degrees 42 minutes 07 seconds East, leaving the east line of said 30-
foot sanitary sewer easement, a distance of 72.96 feet to a point in the east line of said
Englar tract;
THENCE South 00 degrees 40 minutes 48 seconds West, along said east line, a distance
of 20.00 feet to POINT OF BEGINNING and containing 1,473 square feet of land.
Together with a Permanent sanitary sewer easement lying 20 feet and parallel to the
east/west line of the above described easement along with another 20' x 40' Temporary
Construction easement lying on the west line of the existing 30-foot sanitary sewer
easement. This temporary easement shall expire and cease to exist upon completion of
construction (see Exhibit W).
i
N DELL R. DI�1P
;r® 4369 r:
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FIELD NOTES
20'x40' Temporary Construction Easement-West
To the City of Wylie, Texas
SITUATED in Collin County, Texas in the Francisco De La Pena Survey, Abstract No.
688, and being in of a tract of land conveyed to John and Yanyu Duan Englar, by deed
recorded in Instrument No. 20131230001694250, Deed Records Collin County, Texas
(D.R.C.C.T.), and being more fully described as follows:
COMMENCING at a 1/2 iron found at the Southwest comer of a 45.57 acre tract conveyed
to Kreymer Park Partners, LP in Instrument No. 20151123001467340 D.R.C.C.T., from
N.L. Kreymer and Robert Kreymer, and also being in the east line of said Englar tract;
THENCE North 00 degrees 40 minutes 48 seconds East, leaving said comer and along
the east line of said Englar tract and the west line of said Kreymer Park Partners tract, a
distance of 249.41 feet to a point;
THENCE North 88 degrees 42 minutes 07 seconds West, leaving the east line of said
Englar tract, and along the north line of said Englar tract, a distance of 101.96 to the east
line of an existing 30-foot wide sanitary sewer easement to the City of Wylie, and the
POINT OF BEGINNING;
THENCE South 01 degrees 15 minutes 17 seconds West, along the west line of said 30-
foot sanitary sewer easement, a distance of 4.71 feet to an angle point;
THENCE South 05 degrees 14 minutes 10 seconds West, continuing along the west line
of said 30-foot sanitary sewer easement, a distance of 36.91 feet to an angle point;
THENCE North 84 degrees 45 minutes 50 seconds West, leaving the west line of said 30-
foot wide sanitary sewer easement to the City of Wylie, a distance of 20.00 feet to an
angle point;
THENCE North 05 degrees 14 minutes 10 seconds East, a distance of 40.00 feet to a
point in the north line of said Englar tract;
THENCE South 88 degrees 42 minutes 07 seconds East, along said Englar north line, a
distance of 19.80 feet to the POINT OF BEGINNING and containing 813 square feet of
land.
(see Exhibit"A"). OF
My �.
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DOC No 20131230001694250 CHAD MEREDITH PACKARO and BETHANY I WILLIAM J.HUBENY and PHYLLIS J.HUBENY I !
O.P.R.C.C.T. LYNN PACKARD FILE NO. 91-0067883
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