Ordinance 2017-01
111 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS,
WAIVING THE REQUIREMENT FOR AN APPRAISAL,
AND SETTING A VALUE OF $10 TO ABANDON A
PORTION OF HOOPER ROAD, BEING A VARIABLE
WIDTH PUBLIC RIGHT-OF-WAY, WITHIN THE W.M.
SACHSE SURVEY, ABSTRACT NO. 835 AND LK PEGUES
SURVEY, ABSTRACT NO. 703, CONSISTING OF 0.529
ACRES OR APPROXIMATELY 23, 023 SQUARE FEET;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property described herein is public right-of-way being a part of Hooper
Road, said right-of-way being approximately 23, 023 square feet; and
WHEREAS, the Woodbridge North, Ltd., 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 the existing utilities located within said right-of-way
are converted to easements through platting 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 Exhibit 1 (Legal
Description), & Exhibit 2 (Detailed Sketch of right-of-way) attached are no longer necessary for
public access purposes, provided that a 10' easement be provided for Atmos Gas and City of
Wylie water line as described in Exhibits 3 and 4, 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.2017-01
Waiving the requirement for an appraisal,and setting a value of$10 to abandon a portion of Hooper Road,
DULY PASSED AND APPROVED by the City Council of the City of Wylie,
Texas,this 10th day of January, 2017.
:/ 1
Eric Hogue, ryor
ATTEST:
OF
StelaVA Crtettitt.
Carole Ehrlich, City Secretary •
S�� COlOflADp
SIj PE RAISWgy •♦
.118570
S2Pare OF Tfl;;C,s
Ordinance No.2017-01
Waiving the requirement for an appraisal,and setting a value of$10 to abandon a portion of Hooper Road,
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CITY OF WYLIE
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For Office Use Only
CC Case Number.
Date Submitted:
ABANDONMENT OF PUBLIC
ROW-OF-WAY/EASEMENT APPLICATION
MINIMUM SUBMITTAL REQUIREMENTS
❑ Acompleted 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 nen'
p. S Zai 4ci e<_ exA4 a tut 1n Sac/75e gMt,VC
LEGAL DESCRIPTION L, . 4124 nuc # fin, " s, ed
APPLICANT (Primary Contact for the Project:
Name 1> n 14eit r.,,;
Street Address 000 t I / nom' . .`r :` e 131
City 2; ovei.ao m Statej �° Zip Code • � cog
•
�� ,�
Phone Number 7 l 4--.� 40 1.300 Fax Number 2.14.-g4--0- ; 7)
PROPERTY OWNER'S INFORMATION (if different from above):
Name 1.,(161;c1 kti ole, 4, Aim.,? ri / . E -Mail -em
E -Mail
s-11,6,4Po. 5.36-
3.A) IL-,, e1f'it-�''cnforda?
x
Street
Address SF., ,2,-,e,
City
Phone Number
`,r_7treG
State ;ari(
Zip Code
Fax Number
The applicant has prepared this application and certifies that the facts stated herein and exhibits
attached hereto are true and correct.
ignature of Owner, t or Applicant Date
7
Procedure for Abandonment of a Public ROW
488299.v1
Page 4
APPLICATION FOR
THE ABANDONMENT OF A
PU13L1C 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 areasought to be abandoned. Otm pvopev-1-7 QP1 1.f70-1-4 5;c e: o / ee,pe.a
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 Tots 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 ;consentof all .public utilities to the
abandonment.
4. Attached, marked Exhibit No. 4, is theconsent Of the City of Wylie staff to: the
abandonment.
5. Attached, marked Exhibit No. 5, is thewritten consent of all the abuttingproperty
owners, except the following: (ifnone, so state)
6. Such public right-of-way/easement should -be abandoned. because:
fi )4 , t > - L , r7 , '�l t ."2 S flpee, 4'k,4' f!914, 12 '1'1 ,S %C4 f' 2a rx.. :
•
7. Such public right-of-way/easement has been and`i.s,/.being-used as follows:
A ..i'o g. !f". n.H'_.:1,--s?.� t' i i�"SG'` �:` "''. >. ri'r E"er f F , r 7;4,F c f'&' -r, , 04i F l 4°�l^ ' ...%..` 'qr -
r
‹.-<! :� '? �f;+ •'"�x^ S F'.`Er 1''f'i r°`y l.f t 'it` -
1
Procedure for Abandonment of a Public ROW
488299.v1
Page 5
1
8. Attached, marked Exhibit No. 6, is the certified appraisal of the value of the land to
be abandoned. Se€ =f 4vQ t -g-- /'; 441' Pia I/6V .0 = <Ya Pa''
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: 7)0;,7,i -f r r6
Applicant's Address: s; F. 06:061C4):9,'
P 06164) •-/ /` r
Applicant's Phone Number: ;:!,S4-- /;'10-,)
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF 7tf §
Subscribed and sworn to before me, a Notary Public, this day of
%loVein/ e/1. , 201,1%by /,00.2clo< J2 //eezv(-i
,,
o ",
4, sENNIR:RD11t1iCAH
1 MY COMMISSION EXPIRES
' a' Apti *2019
Procedure for Abandonment of a Public ROW
488299.v1
2 76
NotPubli iri and for the State of Texas
Page 6
Application for Abandonment, of
a Public Right-of-
Way/Easement
Located: %- , ?Er
EXHIBIT NO..1
Attached, is a copy of the metesand bounds description , avidin e ar- � i�ial rof the
public right -of: way%easement situated in or„ - / eo 721e S 14
Addition/Subdivision to the City of Wylie, ,21111.1 County, .Texas, sought to be.
abandoned.
Procedure for Abandonment of a Public ROW
488299.v1
Page 7
1
LEGAL DESCRIPTION
BEING a tract of land situated in the W. Sachse Survey, Abstract No. 835 and the L.K. Pegues Survey, Abstract No.
703, City of Wylie, Collin County, Texas and being part of a Hooper Road (a variable width right-of-way) described in
Right -of -Way Deed to Collin County recorded in Volume 1577, Page 389 of the Land Records of Collin County,
Texas; and being more particularly described as follows:
COMMENCING at a 5/8" iron rod with plastic cap stamped "KHA" found for corner at the intersection of the south
right-of-way line of Hensley Road (a 65 foot access and utility easement) and the west right-of-way Zine of
Woodbridge Parkway (a variable width right-of-way) at the beginning of a non -tangent curve to the left having a
central angle of 17°51'19", a radius of 447.50 feet, a chord bearing and distance of North 74°13'42" West, 138.89
feet;
THENCE with said south line of Hensley Road and with said curve to the left, an arc distance of 139.46 feet to a 5/8"
iron rod with "KHA" cap set at the intersection of the east right-of-way line of said Hooper Road and said south line
of Hensley Road for the POINT OF BEGINNING;
THENCE with said. east right-of-way line of Hooper Road, South 0°09'47" West, a distance of 289.71 feet to a 5/8"
iron rod with plastic cap stamped "KHA" found at the intersection of said west right-of-way line of Woodbridge
Parkway and said east right-of-way line of Hooper Road at the beginning of a non -tangent curve to the left having a
central angle of 6°13'32", a radius of 1198.82 feet, a chord bearing and distance of South 18°08'19" West, 130.19
feet;
THENCE the following courses and distances:
In a southwesterly direction, with said curve to the left, an arc distance of 130.26 feet to a 5/8" iron rod with
"KHA" cap set at the beginning of a compound curve to the left having a central angle of 5°53'10", a radius of
934.50 feet, a chord bearing and distance of South 12°04'59" West, 95.96 feet;
In a southwesterly direction, with said curve to the left, an arc distance of 96.00 feet to a 5/8" iron rod with
plastic cap stamped "KHA" found for corner at the intersection of the west right-of-way line of Hooper Road and
said west right-of-way line of Woodbridge Parkway;
THENCE with said west right-of-way line of Hooper Road, North 0°09'47" East, a distance of 507.44 feet to a 5/8"
iron rod with "KHA" cap set for comer,
THENCE departing said west right-of-way line of Hooper Road, South 89°50'13" East, a distance of 60.00 feet to the
POINT OF BEGINNING and containing 23,023 square feet or 0.529 acres of land.
Bearing system for this survey is based on a bearing of South 00°00'00" East, for the east line of Lot 30, Block L,
Woodbridge, Phase 8, according to the plat recorded in Cabinet 0, Page 455, Map Records of Collin County, Texas
DANA BROWN
REGISTERED PROFESSIONAL
LAND SURVEYOR NO. 5336
12750 MERIT DRIVE, SUITE 1000
DALLAS, TEXAS 75251
PH. 972-770-1300
dana_brown@kimley-hom.com e , N/A I MTC` DAB I JUNE I 063504127 l 10F2
PLOTTED BY CURE, MITCHELL 612012016 9:17M ADWG NAME K9DAL_SURVEYt063564127 W0ODBRIDGe PARKWAYIDWG1063564127-WOODBRIDGE HOOPER ABANDONMENT DWG LAST
RIGHT-OF-WAY ABANDONMENT
BEING A PORTION OF HOOPER ROAD
W.M. SACHSE SURVEY, ABSTRACT NO. 835
L.K. PEGUES SURVEY, ABSTRACT NO. 703 ;
CITY OF WYLIE, COLLIN COUNTY, TEXAS .
Kimley» H rn
12750 Merit Drive, Suite 1006 T°I. N. (972)770-1330
Dallas, Tues 75251 FIRM #10115500 Fax No. (972)2393820
Scale 1 Drawn by 1 Ched ed by I Date 1 Pitied No. 1 Sheet No.
HOOPER ROAD
(VARIABLEWIDTH R.O.W.)
N89°50'13'W
60.00'
1RSC
WOODBRIDGE NORTH I, LTD.
VOL. 5580, PG 311
YSLL.R.C.C.T.
65' ACCESS &.UTIL.
ESMT.
INST. NO.
20060714000878820
L.R.C.C.T.
�IRSC • •-
N7418s.
L3
/39;142;eof
/3':44i'6'
R.O.W. ABANDONMENT
0.529 ACRES
23,023 SQ. FT.
0.55 ACRES -`_ -
COLLIN COUNTY ~ 1 -
VOL 1577,
VOL.1577, PG. 389
L.R.C:C.T.
WOODBRIDGE NORTH I, LTD.
VOL 5579, PG. 1102
L.R.C.C.T.
00
WOODBRIDGE -
cr NORTH 1, LTD.
S) VOL, 5580, PG 311
-o
/
/ LEGEND
P.O.B. = POINT OF BEGINNING
IRF = IRON ROD FOUND
C.M. = CONTROLLING MONUMENT
'_ D.R.C.C.T. = DEED RECORDS OF COLLIN
COUNTY; TEXAS
L = DEED RECORDS OF COLLIN
COUNTY, TEXAS
= OFFICIAL PUBLIC RECORDS,
COLLIN
COUNTY, TEXAS
—A=6°13'32
R=1198.82'
L=130.26'
CB=518°08' 19'
C=130.19'
WOODBRIDGE NORTH :
COMMERCIAL I LTD ,
INST. NO. .20071004901372090.:
O.P.R.C:C.T.
.6.=5°53'10"
R=934.50'
L=96:00'
CB=S12°04'59"
C=95.96'
NOTES .
Bearing system for this survey is based on a
bearing of South 00700'00" East, for the east line
of Lot 30, Block -L, Woodbridge, Phase 8;
according to the plat recorded in. Cabinet 0,
Page 455, Map Records•of Collin County; Texas.
All property corners are 5/8" Iron rods with."KHA"
cap set unless otherwise noted:
CITY,OF WYLIE
INST. NO. 20070829010002970
L R.C.C.T.
VOL. 2007, PG. 444
M.R.C.C.T.
RIGHT -OF WAY:ABANDONMENT
BEING APORTION OF HOOPER ROAD.
W.M. SACHSE SURVEY, ABSTRACT NO. 835
L.K. PEGUES SURVEY, ABSTRACT NO. 703
CITY OF WYLIE, COLLIN COUNTY; TEXAS
InI'ey>»Horn12750 Meet Odve. Sulte 1000 . Tel. No. (972) 770-1300
Dallas, Texas 75261,.' • - FIRM # 101155C0 ' - Fax No, (972)2393820 ."
IRSC -� Sic g Drawn by tt Checked by1. a Pro ed No. Sheet Na.
.. ... .. 1"=60' . MTC ..:DAB JUN�E2018 1', 063554127: 20F2
'LOTTED BY CURE, MITCHELL 612012018,9:31 AM DWG, NAME KWAL _ SURVEY1063564127-WOODBRIDGE PARKWAYtD1 WG1063564127-W00DBRIDGE HOOPERABANDONMENTDWG LAST;'
Application for Abandonment of
a Public Right-of-
Way/Easement
Located: :
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.v1
HOOPER ROAD
(VARIABLE WIDTH R.O.W.)
N89°50'13"W
60.0.0'
0 80 60
GRAPHIC SCALE IN FEET
WOODBRIDGE NORTH I, LTD.
VOL. 5580; PG 311
--,,, L.R.C.C.T.
CL.
� �` hO�D 65' ACCESS & UTI.
'~ ESMT.
[NST. Na.
P.O.B. 20060714000878820
L.R.C.C.T.
R.O.W. ABANDONMENT
0.529 ACRES
23;023 SQ. FT:
0.55 ACRES
COLLIN COUNTY:.
VOL. 1577, PG. 38q
L.R.C.C.T.
WOODBRIDGE NORTH I; L
VOL 5579, PG. 1102
L.R.C.C.T.
WOODBRIDGE NORTH
COMMERCIAL I'LTD.
INST. NO.20071004001372090:
O.P.R.C.C.T;
IRS
PLOTTED BY CURE, Mn'CHELL 5120d2018 5:31'AM DWG NAME K:1DAL SURVEY1083564127--'
(RSC
(NI
CB=C 13g $ ,
T4 , 9
C-13913 42„
R_44� 46,
�1?°51,79
WOODBRIDGE
NORTH 1, LTD. /
cn VOL 5580, PG 311
D • L.R.C.C.T.
-46°13'32"
R=1198.82'
L=130.26'
CB=S18°08'1
C=130:19'
LEGEND
P.O.B. = POINT OF BEGINNING.
IRF = IRON ROD FOUND
C.M. = CONTROLLING MONUMENT
D.R.C.G.T. = DEED RECORDS OF COLLIN
COUNTY,TEXAS
L.R.C.C.T. DEED RECORDS OF COLLIN
COUNTY, TEXAS.'
O.P.R.C.C.T; = OFFICIAL PUBLIC RECORDS,
COLLIN
COUNTY, TEXAS'
NOTES
Bearing system for this survey is based on
bearing of South 00°00'00" East; for the east line
of Lot 30, Block L, Woodbridge; Phase 8,
according to the plat recorded in Cabinet O;
Page455;Map Records of Collin County, -Texas.
All propertycomers are 518" Iron.rods wlth "KHA"
cap set unless otherwise noted. .
CITY OF WYLIE
INST. N0: 20070829010002970
L.R.C.C.T.
VOL. 2007, PG. 444
M.R.C.C.T.
RIGHT-OF-WAY ABANDONMENT
BEING A PORTION OF HOOPER ROAD
W.M. SACHSE SURVEY, ABSTRACT NO. 835
L.K. PEGUES SURVEY, ABSTRACT NO. 703
CITY OF WYLIE, OLIN COUNTY, TEXAS
A=5°53'10"
R=934.50'
.L=98,63,
CB=312°04'5
C=95.96'
irmIey>>> Ho.rn
12750 Motif Drive, Sae 1000 . Tot. No. (912) 770-1300
Dallas, Teras 75251 FIRM # 10115500. • Fax No. (972) 2393820 '
cal • I Drawn by ' I Checked by
1'. GO' • " MTC •1 DAD
RIDGE PARKWAYIDWGI0635S4127•WDODBRI
Ponied yo. 1 Sheet No
053564127 ' 2 OF 2
ABANDONMENT DWG LAST
1
Application for Abandonment of
a Public Right-of-
Way/Easement
Located: Hooper Road at Woodbridge Parkway
EXHIBIT NO. 3
The undersigned public utility companies, using or entitled to use, under the terms and
provisions of our respectivefranchiseswith 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
TELEPHONE COMPANY
BY:
Title
Flrwver Wevl'liELECTRIC COMPANY
Cotio, c.
BY:
Title t�;r E.A. /ors
Procedure for Abandonment of a Public ROW Page 9
488299.v1
Application for Abandonment of
:a Public Right-of-
Way/Easement
Located: Hooper Road ,at Woodbridge. Parkway
EXHI MO. 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
(ioniLt-(L. TELEPHONE COMPANY
BYWOmOgr 8. *I, -(Trii(k /
The (),e/r1h Sae ikle-11)-1)01,1- J. con_m_
ELECTRIC COMPANY
BY:
Title
Procedure for Abandonment of a Public ROW
488299.v1
Page 9
1
1
1
1
1
Don Herzog
From: Loftis, Richard <Richard.Loftis@oncor.com>
Sent: Friday, October 14, 2016 12:08 PM
To: Don Herzog
Subject: Woodbridge Hooper Road Abandonment
Don,
Oncor has reviewed your request to abandon, a portion of Hooper Road, as shown in the information provided and as
generally shown below.
After review of the subject request, Oncor Electric Delivery Company LLC has no objections with said abandonment.
This email may be used as Oncor Electric Delivery Company LLC approval for such abandonment as required by the City
of Wylie.
Thanks and please email or call with questions or comment.
Richard "Rick" Loftis
Oncor Electric Delivery Company LLC
Real Estate & Right of Way Services
4600 State Highway 121
McKinney, Texas 75069
972-569-1232 Office
972-569-1299 Fax
Play ard, Live Life, WORK SAFE
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ATMOS
energy
November 7, 2016
Mr. Don Herzog
Herzog Development Corporation
800 E. Campbell Rd., Suite 130
Richardson, Texas 75081
RE: Woodbridge Hooper Road Abandonment
Dear Mr Herzog:
Upon your request, I have reviewed the location of gas facilities along the portion of
Hooper Road from Hensley Lane south to Woodbridge Parkway as shown on the
provided location map and proposed abandonment exhibit.
It has been determined that Atmos Energy Corporation does have facilities along the
described section but will have no objections to the proposed abandonment if the
developer agrees to provide a 10 foot utility easement along the entire length of the
affected gas line or agrees to fund all costs related to the relocation of the facilities.
If you have questions, please contact me at 972-485-6234.
Sincerely,
L.
V. Csabezue a
ect Manager
Atmos Energy
WOODBRIDGE NORTH I,: LTD..
800 E. Campbell Road, Suite 130.
Richardson, Texas 75081
November 8, 2016
Mayor and City Council
City of Wylie
300 Country Club Drive
City of Wylie, Texas 75098
Re: Abandonment of Hooper Road South, of Hensley Road
Mayor and City Council,
Atmos Energy has an existing gas line in Hooper Road as shown on the attached drawing. They have no
objection to the abandonment of the portion of Hooper Road "south of Hensley to Woodbridge Parkway
provided the developer. agrees to dedicate a 10' Utility easement or agrees to fund all costs related to
the relocation of the gas line:
We agree to either grant an easement or to fund the relocation as requested.
Sincerely,
Donald P. Herzog
Attachment
-------- -----
. ,
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11 ',
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1 AbcDet 1,):ciust.ri,a1 Wter.Annolatirm
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; 644 Del" MA11'1 And 440 rvce C)imerision,Unknowni Anno
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Application' for Abandonment of a Public Right-of-Way/Easement
Located: r=ah C / `. r
C�� t � 1�iz�iC7`f Ja,os 7!moi %�?` 1 ✓!'t).Sir.`i�:,+ !7cr-:.f--1
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 requestedabandonment from the
City's standpoint.
City Engineer -_ ',Building Official
Planning Director Fire Marshal.
Director of Public Services
Procedure for Abandonment of a Public ROW Page 10
488299.v1
1
EXHIBIT 4- CITY WATER LINE
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• Application for"Abandonment of
a ,Public Right-of-
Way/Easement
Located: a2 rib° v
r
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.
Procedure for Abandonment of a Public ROW Page 11.
488299.v1
1
EXHIBIT NO. 5
CITY OF WYLIE
[DATE1 lr4r/a/7.1 J f r ,, i sf a
[Name & Address] r,1r,.-.: `o 6 .A:;:,-,...
ft
RE: Abandonment of Right -of -Way
Located at: "Yoga .g, ' %(
"' zs ``� 1`
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 -XX, 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, Bldg. 100, 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.
S ig&ture of property owji6 or authorized agent
Procedure for Abandonment of a Public ROW Page 12
488299.v1
CITY OF WYLIE
[DATEI A Veil? Lei ,. f'ET(r
r i
[Name & Address] tf . % rst}tI � �`'t• r ,4+ Artier ,,1
E±� f `i f .efs 7 r✓r''_'.f�'+f !( f%c7�'�, fif!!+?r- / 7C
EXHIBIT NO. 5
RE: Abandonment of Right -of --Way /
Located at: j, l ra? 1.. s � _ /1_c
. 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 -XX,. Section 2.12 :of the Subdivision Regulations of the City of Wylie.
County recordsindicate 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,Bldg. 100, Wylie, Texas 75098 at your earliest
convenience.
I do (t..-)(1 do not ( ), agree to the abandonment ofthe subject right-ofway/easement.
If abandoned by the City, I am (• ), I aril notinterested 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 abando s ed.
ature of property ow q( r(r authorized agent
Procedure for Abandonment of a Public ROW .
488299.v]
Page 12
1
EXHIBIT 6
CERTIFIED APPRAISAL OF THE VALUE OF THE LAND
Procedure for Abandonment of a Public ROW Page 13
488299.v1
WOODBRIDGE NORTH I, LTD:
800 E. CampbelliRoad, Suite 130
Richardson, Texas 75081
November 8, 2016
Mayor and City Council
City of Wylie
300 Country Club Drive.
City of Wylie, Texas 75098
Re: Abandonment of Hooper Road South of Hensley Road
Mayor and City Council,
We are requesting a Waiver .for the requirement of an appraisal for the abandonment of 0.529 acres of
Hooper Road south of Hensley Road to Woodbridge Parkway: We ask the value be set at $10.00 and
other consideration. The additional consideration would be derived from the fees and tax revenue the
property will bring the city from the property being included as part of the townhouse development to
the west.
Presently this section of Hooper Road is.bar ricaded at Hensley Road on the north and does not connect
to Woodbridge Parkway on the south.
We appreciate your consideration to this request.
Sincerely,
Donald P. Herzog
1
1
1
EXHIBIT 7
RELEASE OF CLAIMS
Procedure for Abandonment of a Public ROW Page 14
488299.v1
RELEASE OF' CLAIMS
In consideration of the ab ndopnient of the 7.3 ;),!_, < �J feet of right-of-way which is a
part of the ;' rae� .2c c1 "�-Ad-' -o of the Original Torun of Wylie, according to the Plat
thereof recorded in Volume /4 , Page 04. 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, f ) 4E1 1`l .l, � •release any and all claims against the City of Wylie,
Texas,. -and its Council Meinbers, 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,
i e)06 hvidew AA1c t. /- F 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 whicli 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.
In witness whereof, we have executed this Release on the a -ll day of
Nvve,414 , 201.1..&
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Procedure for Abandonment of a Public ROW.. Page 15
488299.v1
1
1
1
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF /)6 LL&5 §
Before me, the undersigned authority, on this day personally appeared
j�); ma ie b! ' , known to me to be the person whose name is subscribed to f6fegoing instrument, end acknowledged to me that he executed the same for the purposes and
consideration therein expressed.
2011:E
Given under my hand and seal of office on this the
to1 •- 1 1
BINFERDINICAN
MY COMMIISSION EVIRES
My Commission Expires:
STATE OF TEXAS
COUNTY OF
C
day of ti,,e1.1 -,h
et_ "--;)1 Lc/ -2 Ca. "---)
Not aia`v PublicfState of Texas
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
2011.
Notary Public, State of Texas
My Commission Expires:
Procedure for Abandonment of a Public ROW Page 16
488299.v1
RELEASE OF CLAIMS
In consideration of thecabrdoinmnt of the feet of right-of-way which is a
part of the ,4/0,4-, (.1! 421Sitgrt Of7the Original Tgwn of Wylie, according to the Plat
thereof recorded in Volume v14 ; Page ,0/4 , 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,
Cau,spewt_k,1 a-/, release any and all claims against the City of Wylie,
Texas, and s 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 occun-ing prior toour 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,
rdiv/76tnier/ /: 44-2. , free and clear of all liens, encturibrances, pledges,
assignments, claims and sectirity 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.
In witness whereof, we have executed this Release on the r1 day of
201-1-:(p
I
1,4},or i AL,7 P.7 lin4V9k71 /,.11.c7,i,-'1 1 I -ID)
,
• /
erit 'F•1;`,' r
Procedure for Abandonment of a Public ROW
488299.v1
ielcza de /17 .!";
Page 15
1
1
1
1
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF /) Cz LCC S §
Before_ r, the undersigned authority, on this day personally appeared
1 )0(: ;( rte ! �; , known to me to be the person whose name is subscribed to the
oregoing instrument, and acknowledged to me that he executed the same for the purposes and
consideration therein expressed.
201
Given under my hand and seal of office on this the
:ENNnRDUNCAN
M • COMMISSION EXPIRES
4122.2019
My Commission Expires:
STATE OF TEXAS
COUNTY OF
��, ., •�� Gcr2e64-7
Publi4jtate of Texas
day of fvntr��F.4 tom
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
2011.
Notary Public, State of Texas
My Commission Expires:
Procedure for Abandonment of a Public ROW Page 16
488299.vI
After Recording Return To:
City of Wylie
Attn:Stephanie Storm
300 Country Club Rd.4100
Wylie,TX 75098
iF'led and Records
Official Public Records
Stacey Kemp, County Clerk
Collin County, TEXAS
01/20/2017 10:06:57 AM
$146.00 CJAMAL
20170120000088240