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06-11-2019 (City Council) Agenda Packet Wylie City Council NOTICE OF MEETING Regular Meeting Agenda June 11, 2019 - 6:00 pm Wylie Municipal Complex Council Chambers/Council Conference Room 300 Country Club Road, Building #100 Eric Hogue Mayor David R. Duke Place 1 Matthew Porter Place 2 Jeff Forrester Mayor Pro Tern Candy Arrington Place 4 Timothy T.Wallis, DVM Place 5 David Dahl Place 6 Chris Hoisted City Manager Richard Abernathy City Attorney Stephanie Storm City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wylietexas.gov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.516.6020. Hearing impaired devices are available,from the City Secretary prior to each meeting. CALL TO ORDER Announce the presence of a Quorum INVOCATION & PLEDGE OF ALLEGIANCE PRESENTATIONS • Junior Mayor Monroe Keller • Oath of Office and Badge Pinning—City of Wylie Fire Chief,Brandon Blythe and Assistant Fire Chief,Brian Ritter June 11,2019 Wylie City Council Regular Meeting Agenda Page 2 of 5 CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must fill out a non- agenda form prior to the meeting in order to speak. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider,and act upon,approval of the Minutes of May 28,2019 Regular Meeting of the Wylie City Council. (S. Storm, City Secretary) B. Consider, and place on file, the Animal Shelter Advisory Board report to City Council regarding meeting held on May 22, 2019. (A. Henderson, Police Chief) C. Consider, and act upon, approval for substantial renovations in accordance with Ordinance No. 2013-17 for the remodel of an existing residential structure, located at 302 N. Ballard within the Downtown Historic District. (R. 011ie, Asst. City Manager) REGULAR AGENDA Interview of Board of Ethics Applicants • Justin Grayczyk (unable to be present) • Sammi Powers • Chad Tittle • Randall Zabojnik 1. Consider, and act upon, appointments to fill the Board of Ethics vacancies for a term to begin July 1, 2019 and end June 30, 2021. (S. Storm, City Secretary) Executive Summary Per Ordinance No. 2014-19, prospective Board of Ethics applicants shall be interviewed by the entire City Council. 2. Consider, and act upon, the recommendations of the 2019 Boards and Commission Council Interview Panel for appointments to the Animal Shelter Advisory Board, Construction Code Board, Historic Review Commission,Library Board,Parks and Recreation Board,Parks and Recreation Facilities Development Corporation Board (4B), Planning and Zoning Commission, Public Arts Advisory Board, Wylie Economic Development Corporation, and the Zoning Board of Adjustments to fill board vacancies for a term to begin July 1, 2019 and end June 30, 2021/22. (S. Storm, City Secretary) Executive Summary Article 8, Section 1 A of the City Charter authorizes the City Council to appoint members to serve on boards, commissions and committees to help carry out the functions and obligations of the City and to make recommendations to the City Council. The City Council has prescribed the purpose, composition, function, duties, accountability, and the tenure of each board,commission,and committee. June 11,2019 Wylie City Council Regular Meeting Agenda Page 3 of 5 Tabled from 02-26-2019 Remove from table and consider 3. Consider, and act upon,adoption of Resolution No.2019-06(R) determining a public necessity to acquire certain properties for public use by eminent domain for rights-of-way (in fee simple), temporary construction easements and related improvements for the construction, expansion, access, repair, maintenance and replacement of McMillen Road (from approximately McCreary Road to Country Club Road(FM 1378)); giving notice of an official determination to acquire certain properties for public use by eminent domain for rights-of- way (in fee simple), temporary construction easements and related improvements for the construction, expansion, access, repair, maintenance and replacement of McMillen Road (from approximately McCreary Road to Country Club Road(FM 1378)); authorizing the City Manager of the City of Wylie, Texas, to establish procedures for acquiring the rights-of-way (in fee simple), temporary construction easements and related improvements offering to acquire said property rights, voluntarily from the landowners through the making of bona fide offers; appropriating funds; providing for repealing,savings and severability clauses; and providing for an effective date. (T. Porter, Public Works Director) Executive Summary The design of McMillen Road from McCreary Road to Country Club Road is near completion. Twenty-eight (28) right-of-way and easement parcels are needed for the expansion of the roadway. Approval of the Resolution authorizes the City Manager to proceed with acquiring the parcels. The project is funded through the 2007 Collin County Bond Program and the City has received$750,000 for right of way acquisition. 4. Hold a Public Hearing to consider, and act upon, an amendment to Planned Development 2017-11, Section 5.5.f to set forth 20' front yard setbacks on lots 5-19,39 and 40 of Block K of Woodbridge Phases 21 and 22, generally located southeast of the intersection of McCreary Road and Hensley Lane. ZC 2019-07. (J. Haskins, Planning Manager) Executive Summary The applicant is requesting to amend an existing Planned Development Ordinance to allow for 20' front yard setbacks on lots 5-19,39 and 40 of Block K of Woodbridge Phases 21 and 22. 5. Hold a Public Hearing to consider, and act upon, a change of zoning from Agricultural (AG/30) to Commercial Corridor, property located at 2455 Country Club Road (Tract 2 William Patterson Survey). ZC 2019-08. (J. Haskins, Planning Manager) Executive Summary The applicant is requesting to rezone a 0.9 acre property located at 2455 Country Club Road from AG/30 to CC.The property is generally bordered by AG property to the south and west,CC to the north,and commercial properties to the east that reside outside of the city limits. 6. Consider, and act upon, approval of Resolution No.2019-16(R) authorizing the City Manager to execute an Impact Fee Agreement with Development Solutions BZ, LLC for the construction of Troy Road south of Collins Boulevard. (C. Hoisted, City Manager) Executive Summary Troy Road has been constructed from South of Stone Road to Beaver Creek Road as phases of the Bozman Farms development have been built. Troy Road is shown as a secondary thoroughfare(4-lane divided)on the City of Wylie Thoroughfare Plan and the project is included in the Capital Improvements Plan and impact fee calculation. June 11,2019 Wylie City Council Regular Meeting Agenda Page 4 of 5 7. Consider, and act upon,approval of Resolution No.2019-17(R) requiring the Wylie Economic Development Corporation to obtain City Council approval of projects with third parties before executing the agreement. (C. Hoisted, City Manager) Executive Summary Approval of the attached Resolution would require City Council approval of any Project (as defined by the Development Corporation Act)proposed or approved by the Wylie EDC before it executes the agreement with a third party. WORK SESSION • Fiscal Year 2019-20 Budget Work session. (M. Beard, Finance Director) RECONVENE INTO REGULAR SESSION EXECUTIVE SESSION If during the course of the meeting covered by this notice,the City Council should determine that a closed or executive meeting or session of the City Council or a consultation with the attorney for the City should be held or is required, then such closed or executive meeting or session or consultation with attorney as authorized by the Texas Open Meetings Act,Texas Government Code§ 551.001 et. seq.,will be held by the City Council at the date,hour and place given in this notice as the City Council may conveniently meet in such closed or executive meeting or session or consult with the attorney for the City concerning any and all subjects and for any and all purposes permitted by the Act,including,but not limited to,the following sanctions and purposes: Texas Government Code Section: §551.071—Private consultation with an attorney for the City. §551.072—Discussing purchase,exchange,lease or value of real property. §551.074—Discussing personnel or to hear complaints against personnel. §551.087 --Discussing certain economic development matters. §551.073—Discussing prospective gift or donation to the City. §551.076—Discussing deployment of security personnel or devices or security audit. Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: Sec. 551.072. DELIBERATION REGARDING REAL PROPERTY; CLOSED MEETING. A governmental body may conduct a closed meeting to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on its negotiating position. • Discuss the acquisition of property on South Ballard Avenue, south of Hwy 78. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. ADJOURNMENT June 11,2019 Wylie City Council Regular Meeting Agenda Page 5 of 5 CERTIFICATION I certify that this Notice of Meeting was posted on June 7, 2019 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wylietexas.gov. Stephanie Storm,City Secretary Date Notice Removed Wylie City Council CT'°" ' r Minutes Regular Meeting May 28, 2019—6:00 p.m. Wylie Municipal Complex—Council Chambers 300 Country Club Road, Bldg. 100 Wylie, TX 75098 CALL TO ORDER Announce the presence of a Quorum. Mayor Eric Hogue called the meeting to order at 6:05 p.m. The following City Council members were present: Councilman David R. Duke, Councilman Matthew Porter, Mayor pro tern Jeff Forrester, Councilman. Timothy T. Wallis, and Councilman David Dahl. Councilwoman Candy Arrington was absent. Staff present included: City Manager Chris Hoisted; Assistant City Manager Brent Parker; Assistant City Manager Renae 011ie; Police Lieutenant Matt Miller; Chief Building Official Bret McCullough; Public Information Officer Craig Kelly; Parks and Recreation Director Robert Diaz; Finance Director Melissa Beard; Fire Chief Brandon Blythe; Public Works Director Tim Porter; Planning Manager Jasen Haskins, Library Director Rachel Orozco; WEDC Executive Director Sam Satterwhite; Project Engineer Wes Lawson; City Secretary Stephanie Storm, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Councilman Dahl gave the invocation and Police Lieutenant Miller led the Pledge of Allegiance. PRESENTATIONS • Wylie Way Students Mayor Hogue and Mayor pro tern Forrester presented medallions to students demonstrating"Shining the Wylie Way." Each nine weeks one student from each WISD campus is chosen as the"Wylie Way Student." • Junior Mayor Carter Oswald Mayor Hogue introduced Junior Mayor Carter Oswald, administered the oath of office, and presented a proclamation for"Mayor of the Day." • Motorcycle Safety and Awareness Mayor Hogue presented a proclamation proclaiming the month of May as Motorcycle Safety and Awareness Month in Wylie, Texas. Members of Blacksheep MC were present to accept the proclamation. Minutes May 28, 2019. Wylie City Council Page 1 • National Boating Safety Week Mayor Hogue presented a proclamation proclaiming May 18-24, 2019 as National Boating Safety Week in Wylie, Texas. A member of US Coast Guard Auxiliary Flotilla was present to accept the proclamation. CITIZEN COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must fill out a non- agenda form prior to the meeting in order to speak. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. • Boys & Girls Clubs of Collin County—Collin Classic Bicycle Rally Jena Abernathy, representing the Boys & Girls Club of Collin County, spoke about the 28`h annual Collin Classic Bicycle Rally that will be taking place through Wylie on June 8, 2019. Ms. Abernathy expressed appreciation to the Public Works and Public Safety departments for their assistance with this Rally. Ms. Abernathy invited everyone to come out to the Rally. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes of May 14, 2019 Regular Meeting of the Wylie City Council. (S. Storm, City Secretary) B. Consider, and place on file, the City of Wylie Monthly Investment Report for April 30, 2019. (M. Beard, Finance Director) C. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for April 30, 2019. (M. Beard, Finance Director) D. Consider, and place on file, the Animal Shelter Advisory Board report to City Council regarding meeting held on February 13, 2019. (A. Henderson, Police Chief) E. Consider, and act upon, the First Modification of contract #W2014-65-A for Concrete Repair and Maintenance with GT Construction in the estimated amount of$90,000.00, and authorizing the City Manager to execute any and all necessary documents. (G. Hayes, Purchasing Manager) F. Consider, and act upon, authorizing the Mayor to enter into an Interlocal Agreement with Collin County and the Rita and Truett Smith Public Library for library services for fiscal year 2018-2019 in the amount of$6,868.00. (R. Orozco, Library Director) G. Consider, and act upon, Ordinance No. 2019-14 to change the zoning from Single Family (SF-10/24) to Commercial Corridor (CC), for commercial purposes on two lots of 0.38 and 0.19 acres, located at 110 College and 406 S Jackson, respectively. ZC 2019-03 (J. Haskins, Planning Manager) H. Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of April 30, 2019. (S. Satterwhite, WEDC Director) Minutes May 28, 2019 Wylie City Council Page 2 Mayor pro tern Forrester requested Consent Item E be removed from Consent and considered individually. Consensus of the Council was to remove Item E from Consent and consider individually. Council Action A motion was made by Councilman Wallis, seconded by Councilman Dahl, to approve the Consent Agenda Items A, B, C, D, F, G, and H as presented. A vote was taken and motion passed 6-0 with Councilwoman Arrington absent. REGULAR AGENDA E. Consider, and act upon, the First Modification of contract #W2014-65-A for Concrete Repair and Maintenance with GT Construction in the estimated amount of$90,000.00, and authorizing the City Manager to execute any and all necessary documents. (G. Hayes, Purchasing Manager) Council Comments Mayor pro tern Forrester asked if this is for repairs to existing construction or expansion of program in order to be a stopgap between contracts. Hoisted replied staff is in the process of rebidding the concrete repair and installation contract. This gives an additional 60 days so there is no gap between existing contracts and new contracts. Funds are budgeted in the current budget. Council Action A motion was made by Mayor pro tern Forrester, seconded by Councilman Porter, to approve Consent Agenda Item E. A vote was taken and motion passed 6-0 with Councilwoman Arrington absent. Interview of Board of Ethics Applicant Mayor Hogue reported that Justin Grayczyk was unable to make the meeting this evening. 1. Hold a Public Hearing and consider, and act upon, a change of zoning from Agricultural-30 (AG-30) to Planned Development-Single-family (PD-SF), to allow for single-family detached uses on 26.4 acres, located at 1751 McMillen Road. ZC 2019-04 (J. Haskins, Planning Manager) Council Comments Mayor Hogue stated the developer has submitted a request to withdraw this item at 5:36 pm. Public Hearing Mayor Hogue opened the public hearing on Item 1 at 6:49 p.m. asking anyone present wishing to address Council to come forward. Keith Huyck, Terri Thurmond, Catherine Butschek, James Suttles, and Daniel Collett addressed Council with concerns and spoke in opposition regarding the proposed development. Mayor Hogue closed the public hearing at 7:01 p.m. Minutes May 28, 2019 Wylie City Council Page 3 Council Action A motion was made by Councilman Dahl, seconded by Councilman Duke, to accept the request to withdraw the rezoning request. A vote was taken and motion passed 6-0 with Councilwoman Arrington absent. 2. Hold a Public Hearing and consider, and act upon, a change of zoning from Neighborhood Services (NS) to Commercial Corridor (CC), to allow for a Contractors Maintenance Yard use on 1.89 acres, located at 634 North Ballard. ZC 2019-06 (J. Haskins, Development Services Manager) Staff Comments Planning Manager Haskins addressed Council stating the applicant is requesting to rezone one lot of approximately 1.89 acres located at 634 North Ballard Street. The property is currently zoned Neighborhood Services (NS) with a Certificate of Occupancy for Office Use. The reason for the requested rezoning to Commercial Corridor (CC) is to accommodate a Contractors Maintenance Yard Use by the same firm, which is not allowed in NS. In July 2015,. at the request of same applicant, the property was rezoned to NS from Single Family to allow for an office use of an engineering firm. The firm, which works with telecommunications companies, continues to occupy the property; however, the use has expanded beyond the General Office use as identified on the Certificate of Occupancy. The Comprehensive Development Plan identifies the area as General Urban, which supports the requested zoning and use. Haskins reported the property fronts Ballard, which is scheduled to be widened to four lanes within the next few years, and could support a CC zoned property. Thirty notifications were mailed with one response received in favor of the request. The Commission voted 5-0 to recommend approval. Applicant Comments Steve Purcell, representing TDC2, LLC, addressed Council stating business is not going to change from what they have been doing the last four years. Purcell reported they are an engineering and project management company in the telecommunications industry and are not a material handling yard. They have incidental material that comes to and from the job sites at different times for their customers. Councilman Dahl expressed concerns with making a change in the zoning for potential future uses of the property. Mayor pro tem Forrester asked if all of the materials are kept inside the storage building, if there is still a requirement for a Material Maintenance Yard designator. Haskins replied yes, because their Certificate of Occupancy is General Office use and staff considers the current use as a wholesale version of the Material Maintenance Yard designator because the applicant does not have contractors going to their office. Councilman Porter asked if a Planned Development (PD) could be put in place with the general NS and add CC so potential future tenants cannot change it to another commercial use. Haskins replied yes a PD could be done and they could allow the applicant to continue business as this is being resolved. The applicant replied they would be fine with a PD. 011ie recommended the PD be tied to the user, not the land. Forrester confiuiied if the user vacates the property the zoning would revert back to NS. 011ie replied that would be correct. Forrester asked what would be the cleanest way to make the transition on the applicant and planning. 011ie stated that, if the applicant is willing to look at the PD and due to the fact that Council has received the recommendation from the Commission and is asking something more stringent, this would have to be withdrawn by the applicant, and the PD conditions would have to go to the Commission. Purcell requested, and submitted in writing, that Council withdraw this item with one condition, that an updated overview picture of the property be used for future considerations. Haskins reported the City can utilize a drone to get an updated overview picture. Minutes May 28, 2019 Wylie City Council Page 4 Public Hearing Mayor Hogue opened the public hearing on Item 2 at 7:29 p.m. asking anyone present wishing to address Council to come forward. No citizens were present wishing to address Council. Mayor Hogue closed the public hearing at 7:29 p.m. Council Action A motion was made by Mayor pro tern Forrester, seconded by Councilman Porter, to accept the applicant's withdrawal. A vote was taken and motion passed 6-0 with Councilwoman Arrington absent. 3. Consider, and act upon, Ordinance No. 2019-15 amending Ordinance No. 2018-24 (2018- 2019 Budget) for proposed budget amendments for fiscal year 2018-2019; providing for repealing, savings and severability clauses; and providing an effective date of this ordinance. (M. Beard, Finance Director) Staff Comments Finance Director Beard addressed Council stating staff is requesting to amend the FY 2018-2019 budget. The budget amendment is for contract modification number one with Architects Design Group for the Public Safety Building in the amount of$497,000. The expense will be funded by the sales tax revenue account, which is currently predicted to come in 17% over the budgeted amount. Council Comments Councilman Porter confirmed the amendment states the projection is expected to be covered by the sales tax. Porter stated he asked about changing the sales tax after seeing an increase over a couple months at the April 6 meeting and was told sales tax was too unpredictable and it would not be a wise move. Beard stated the revenue is not going to be amended because it is a projection and they are unpredictable. As of May they are over 17% and the next few months would only have to come in over 5% of last year to cover this expense; because the revenue is not being amended, any additional money that comes in from sales tax will be part of the General Fund unassigned balance, which would be what would cover this expense. Hoisted added staff has received an additional month of data and the trend is showing growth to continue on the sales tax. Porter asked if this expense was part of the February 12 presentation which listed $550,000 of additional expenses that were considered to be part of the project. Holsted replied in that project budget these expenses were shown to be covered in the original $15.1 million of available revenue. Porter asked whether the reason for the ordinance was to make a change, or to acknowledge the expenses. Holsted reported approval of the Ordinance would transfer the fund into the Public Safety Building Fund so the additional sales tax revenue would increase the fund from $15.1 million to about $15.5 million. Staff will be meeting in a work session with Council in July to discuss the 50% construction estimate from Pogue. Soon after that staff will get the guaranteed max price. If the money is not needed, then it will go back. into the General Fund Fund Balance. Porter asked why the money is being moved now, and whether it could it be moved later if additional funds are needed. Holsted reported it can be done later; however, staff would recommend to move the money now because the City is still carrying some contingency on the construction contract. Council can choose to wait and use existing funds to cover the additional costs. If the adjustment is not made now, staff would expect changes to the guaranteed max price in August/September in order to move some of the alternates such as public parking, sally port, and security fencing into the base budget. Minutes May 28, 2019 Wylie City Council Page 5 Council Action A motion was made by Mayor pro tern Forrester, seconded by Councilman Wallis, to table Ordinance No. 2019-15 amending Ordinance No. 2018-24 (2018-2019 Budget) for proposed budget amendments for fiscal year 2018-2019; providing for repealing, savings and severability clauses; and providing an effective date of this ordinance for consideration at the July 23 City Council meeting. A vote was taken and motion passed 6-0 with Councilwoman.Arrington absent. 4. Consider, and act upon, the First Modification of contract #W2017-40-E for Professional Design Services for the Renovation and Expansion of the City of Wylie Public Safety Building with Architects Design Group in the amount of $496,750.00, and authorizing the City Manager to execute any and all necessary documents. (G. Hayes, Purchasing Manager) Staff Comments Purchasing Manager Hayes addressed Council stating this contract modification incorporates the architect fee increases due to the projected construction costs and incorporates three additional services: add interior design services, landscape architectural services, and geoengineering soil reports. Council Comments Mayor pro tern Forrester commended staff on a percentage rate reduction on the contract. Council Action A motion was made by Councilman Porter, seconded by Councilman Dahl, to approve the First Modification of contract #W2017-40-E for Professional Design Services for the Renovation and Expansion of the City of Wylie Public Safety Building with Architects Design Group in the amount of $496,750.00, and authorizing the City Manager to execute any and all necessary documents. A vote was taken and motion passed 6-0 with Councilwoman Arrington absent. 5. Consider, and act upon, approval for EIFS as an appropriate primary exterior façade, in accordance with Article 4, Section 4.3.F of the Comprehensive Zoning Ordinance, for a retail strip center located at 330 S. State Highway 78. (B. McCullough, Building Official) Staff Comments Building Official McCullough addressed Council stating on June 19, 2018 a site plan was approved by the Planning and Zoning Commission for the development of a four-tenant 10,000-square-foot retail strip center located at 330 S. State Highway 78. The approved plans showed stucco and brick as the primary exterior materials. The applicant submitted building plans and obtained a building permit on. September 25, 2018. The building plans did not match the approved elevations; the stucco was replaced with EIFS as the primary exterior material. McCullough reported the applicant is seeking a variance from Council to allow the exterior facade to have more than 20% coverage of EIFS. McCullough reported the proposed material is an approved material by the 2015. Edition of the International Building Code and nationally listed, and recognized, as an approved construction material. This is strictly a zoning issue, not a building code issue. Council Comments Mayor pro tern Forrester asked what percentage of stucco is allowed on buildings. McCullough reported 80% is allowed to be stucco, or some other masonry product defined in the Zoning Ordinance. The remainder 20% can be EIFS. McCullough stated EIFS today is not like it used to be; it has come a long way. Councilman Dahl asked why this appeal would not go to the Zoning Board of Adjustment. McCullough replied there are certain items Zoning Board of Adjustment can handle per state law, but since this is a specific property appeal and not a variance, listed in the City's Zoning Ordinance, it comes Minutes May 28, 2019 Wylie City Council Page 6 to Council for approval. Dahl asked about this item going to the Construction Code Board. McCullough replied they would hear an appeal of a decision the Building Official would make. This material is approved by the Building Code so it would not be necessary to go to the Construction Code Board for an appeal because it is an approved construction material. 011ie reported this appeal is coming to Council for strictly aesthetic purposes. In 2010 the ordinance was changed to allow a masonry composite in lieu of brick. Forrester asked whether in the last 10 years technology has advanced such that this product could be revisited in the Ordinance and considered at a higher percentage as a construction material. Staff replied yes, this would be something beneficial to revisit. Applicant Comments Matthew King, Architect for the retail strip center, addressed Council stating he created the mistake and the permit plans were put out into the field with EIFS instead of stucco. The entire building has been wrapped and ready to apply the finish EIFS coatings. King reported the durability of the material has improved over the years and there would be no difference in appearance. Council Comments Mayor pro tern Forrester asked what the cost savings is on EIFS vs. stucco. Rick Williams, installer, responded they are about the same cost with the weather barrier, 1'/z insulation, and high impact mesh that comes with EIFS. Councilman Porter stated he had concerns regarding moisture and drainage in regards to EIFS. Williams responded unless the material is installed improperly, the materials are very efficient for drainage. Councilman Wallis asked if the applicant had durability studies related to the materials being discussed. King responded he did not, but he has received complaints on projects with stucco because it cracks. Councilman Duke asked how the product would rate against stucco in regards to hail storms. King responded aesthetically it can match the adobe stucco look. In regards to durability, and referencing the 2016 hail storm, King was unsure where EIFS would rank against other materials. Mayor Hogue asked the percentage of EIFS being proposed on the building. King responded greater than 50% and McCullough added about 70%. Citizen Comments Keith Huyck addressed Council with a comment in regards to EIFS and sustainability regarding hail. Council Action A motion was made by Councilman Dahl to approve EIFS as an appropriate primary exterior, in accordance with Article 4, Section 4.3.F of the Comprehensive Zoning Ordinance, for a retail strip center located at 330 S. State Highway 78 to exceed the 20% coverage of EIFS. The motion died for the lack of a second. A motion was made by Councilman Porter, seconded by Councilman Duke, to deny EIFS as an appropriate primary exterior, in accordance with Article 4, Section 4.3.F of the Comprehensive Zoning Ordinance, for a retail strip center located at 330 S. State Highway 78. A vote was taken and motion passed 5-1 with Councilman Dahl voting against and Councilwoman Arrington absent. Mayor Hogue convened the Council into Executive Session at 8:26 p.m. EXECUTIVE SESSION If during the course of the meeting covered by this notice,the City Council should determine that a closed or executive meeting or session of the City Council or a consultation with the attorney for the City should be held or is required, then such closed or executive meeting or session or consultation with attorney as authorized by the Texas Open Meetings Act,Texas Government Code§ 551.001 et. seq.,will be held by the City Council at the date,hour and place given in this notice as the City Council may conveniently meet in such closed or executive meeting or session or consult with the attorney for the City concerning any and all subjects and for any and all purposes permitted by the Act, including,but not limited to,the following sanctions and purposes: Texas Government Code Section: §551.071—Private consultation with an attorney for the City. §551.072—Discussing purchase,exchange,lease or value of real property. §551.074—Discussing personnel or to hear complaints against personnel. Minutes May 28, 2019 Wylie City Council Page 7 §551.087—Discussing certain economic development matters. §551.073—Discussing prospective gift or donation to the City. §551.076—Discussing deployment of security personnel or devices or security audit. Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: Sec. 551.087. DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS; CLOSED MEETING. This chapter does not require a governmental body to conduct an open meeting: (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). • Discuss property located on 544 west of SH 78 • Discussion regarding property generally located at Brown St. and SH 78 RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. Mayor Hogue reconvened into Regular Session at 9:32 p.m. READING OF ORDINANCE Title and caption approved by Council as required by Wylie City Charter,Article III,Section 13-D. City Secretary Storm read the caption to Ordinance No. 2019-14 into the official record. ADJOURNMENT A motion was made by Councilman Porter, seconded by Councilman Duke, to adjourn the meeting at 9:33 p.m. A vote was taken and the motion passed 6-0 with Councilwoman Arrington absent. Eric Hogue,Mayor ATTEST: Stephanie Storm, City Secretary Minutes May 28,2019 Wylie City Council Page 8 Wylie CityCouncil Y AGENDA REPORT Meeting Date: June 11, 2019 Item Number: B Department: Animal Control (City Secretary's Use Only) Prepared By: Shelia Patton Account Code: approved minutes/statistical Date Prepared: 05/23/2019 Exhibits: report/state inspection Subject Consider, and place on file,the Animal Shelter Advisory Board report to City Council regarding meeting held on.May 22, 2019. Recommendation Consider, and place on file,the Animal Shelter Advisory Board report to City Council regarding meeting held on.May 22, 2019. Discussion The ASAB met on May 22, 2019. The attached minutes, statistical report and state inspection were considered, approved and placed on file. This report is being submitted as required by city ordinance. Page 1 of 1 Animal Shelter Advisory Board CITY OF WYLIE Minutes Regular Meeting February 13,2019—6:00 p.m. Wylie Municipal Complex—Council Chambers 300 Country Club Road, Bldg. 100 Wylie,TX 75098 CALL TO ORDER .-Announce the presence of a Quorum. Brad Boozer called to order the Animal Shelter Advisory Board meeting at 6:02 pm. Board members present: Shelia Patton, David Dahl, Brad Boozer, Dr. Brad Abraham and Amber Porter, Quorum is present. INVOCATION The invocation was given by David Dahl, CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the,Agenda Residents must fill out a non- agenda form prior to the meeting in order to speak. Council requests that comments be limited to three(3)minutes. In addition, Council is not allowed to converse, deliberate, or take action on an matter presented during citizen participation. REGULAR AGENDA 1. Consider and act upon, approval of the Animal Shelter Advisory Board minutes of October 17,2018. (Brad Boozer, ASAB Chair) Board Action A motion was made by Dr. Brad Abraham to accept the Animal Shelter Advisory Board minutes of October 17, 2018 as presented, Amber Porter seconded to accept the Animal Shelter Advisory Board minutes of October 17, 2018 as presented. A vote was taken and the motion passed unanimously. t Minutes February 13,2019 Animal Shelter Advisory Board Page I 2. Consider and place on file fourth quarter and yearly statistical information for shelter operations. (Brad Boozer, ASAB Chair) Board Action A motion was made by Dr. Brad Abraham to accept and place on file fourth quarter and yearly statistical information for shelter operations. Amber Porter seconded the motion to accept and place on file fourth quarter and yearly statistical information for shelter operations. A vote was taken and the motion passed unanimously. 3. Consider and place on file facility yearly veterinarian inspection. (Brad Boozer, ASAB Chair) Board Action A motion was made by David Dahl to accept and place on file facility yearly veterinarian inspection. Dr. Brad Abraham seconded the motion to accept and place on file facility yearly veterinarian inspection. A vote was taken and the motion passed unanimously. 4 S< DISCUSSION ITEMS • Discussion regarding shelter events and status fourth quarter. (S. Patton, ASAB Board Member) Shelia Patton reports ten sterilization transports for public access from Wylie Animal Control for residents to low cost animal care provider, Two low cost vaccination clinics held at the City of Wylie Animal Control during evening hours to provide residents access to low cost vaccinations, heartworm testing and preventative medication. Residents can comply with registration of pets as two staff members as well as veterinarian and vet assistant are on site, Ten animals have been placed into foster care program. Volunteers and service workers have logged 188,5 hours, Pet of the week twice monthly with Wylie News is ongoing, Facebook for social media outreach is still maintained and has proved to be an effective mode of communication for lost pets, adoptable animals and information related to the cities pet needs and services. Fourty three animals received services through the pre-adoption sterilization program. Staff have completed six tours pre-established, The facility launched a Home for the Holidays &Thankful Fur Second Chances in effort to find homes for all the waiting animals at facility. The facility is still active with Wylie Raiders program, Davis Intermediate Future Problem Solvers brought 22 students to facility after a donation drive. Boo on Ballard Pet Costume& Library Costume contest was participated in by Animal Control, ir...f Minutes February 13,2019 Animal Shelter Advisory Board Page 2 We have o interns active inside the facility through the yli High ool law class. They r educated regarding in house care legal aspects of the animal control department ADJOURNMENT Motion was made by avid Dahl and seconded by Dra Brad Abraham to adjourn'meeting With no further business before the board, consensus of the board was to adjourn at 6 32 pm Boozer AS C it ATTEST: Si` elan Patton, ASAB member { a, t Minutes February 13,2019 Animal Shelter Advisory Board Page 3 Animal Shelter Advisory Committee Report January thru March 2019 Dogs Cats Others Total Impounds 111 26 75 212 Owner Surrender 3 2 0 5 Stray 94 6 4 104 Quarantine 3 0 0 3 Safe Keeping 2 0 0 2 DOA 9 11 20 40 Trapped by resident 0 *7 51 58 *trapped but evaluated as adoptable Born at Shelter 0 0 0 0 Dispositions Dogs Cats Others Total Return to Owner 69 1 0 70 Adopted 30 20 0 50 Rescued 2 0 1 3 Euthanized 4 0 9 13 Other *2 0 43 45 Relocated Animals *Transferred to another shelter Euthanasia Reason Behavioral 2 0 0 2 Medical 1 0 5 6 Policy- H.R.R.0 1 0 4 5 Wild Animal 0 0 0 0 Euthanasia for dogs 3.48% Euthanasia for cats 0.00% Euthanasia dogs&cats total 2.90% Dogs at facility at end of report: 7 Dogs at facility at beginning of report: 13 Cats at facility at end of report: 5 Cats at facility at beginning of report: 8 Euthanasia Rate for Facilty January 1,2019 thru March 31, 2019 2.90% 1 Inspection for Animal Shelter,r Impoundment, and Rabies Quarantine Facilities Date r -dip- 1 1 g Name of Manager f} Registration No._123 '©d iS Name of Establishment h4/i 2! /LI cca1 L�11eIfG,' Inspector ,►�e,r;cff 5ll411, Location of Establishment 9''1 / #6N61e / Mailing Address City Wit k,' - / State 7X Zip Code 7 S©98 Phone 9 7� "y 'c2 5426 © County (.p/fi�nJ ... f ? 9J (1 '17 Note to inspector: Put Yes, No, or NIA(Not Applicable) in the columns to the right of the t(uestion. A. General -[TAC Section 169.26(a)] Heating Structural Strength 14. Are animals protected from cold and inclement 1. Is the facility structurally sound and maintained in good weather and direct effects of wind, rain, and snow? f repair in order to protect the animals from injury, contain y 15. Is auxiliary heat or bedding provided if the them, and prevent transmission of diseases? temperature is below 50°F when animals are present? I Water and Electric Power _ Cooling and Ventilation '2. Does the facility have reliable and adequate electricity 16. Are animals protected from any form of overheating / to comply with other requirements? and from direct rays of the sun? 3. Does the facility have fresh, clean water available? 17. Are fresh air and adequate ventilation to minimize Storage drafts, odors, and moisture condensation provided? 4. Are food and bedding stored to protect them against V 18. Is extra ventilation, such as fans or air conditioning, ,infestation or contamination by vermin? I provided in indoor facilities if the temperature is 85°F or T 5. Is a refrigerator available for perishable foods? above when animals are present? Waste Disposal Lighting '6. Are there provisions for the removal and disposal of 19. Is lighting adequate to permit routine inspection and Y 'animal and food wastes, bedding, dead animals, and y cleaning? debris? 20. Are primary enclosures situated to protect the 17. Are disposal facilities operated in a manner that animals from excessive illumination (man-made or V minimizes vermin infestations, odors, and disease y natural)? hazards? Construction / 8. Is there a suitable method for rapidly and safely 21. Is the facility constructed to protect the animals and removing water and other liquid wastes? not create a health risk or public nuisance? 1 Washrooms and Sinks 22. Are building surfaces constructed and maintained so 9. Are there facilities {such as washrooms, basins, or that they are impervious to moisture and can be readily Y sinks)for employees to wash their hands? y sanitized? 23. Is the floor made of durable, nonabsorbent material? y Management Primary Enclosures 10. For facilities located in a county with a population of 24. Are primary enclosures structurally sound, 75,000 or over(only), in accordance with THSC Section maintained, and constructed with surfaces that are 823.003: impervious to moisture and can be readily sanitized? a. Are animals separated by species and by sex? 25. Do primary enclosures enable the animal to remain Y b. If not related to one another, are animals of relatively dry and clean and protect the animal's feet and legs the same size sharing cages/yens? T from injury? c. Are sick or injured animals segregated from healthy V 26. Do the cages and kennels provide enough space for animals? I each animal to make normal postural adjustments 11. For facilities located in a county with a population of without touching the top of the enclosure, including 75,000 or over(only), in accordance with THSC Section turning freely, standing easily, sitting, stretching, moving 823.005: its head, lying in a comfortable position with limbs Has the governing body of the city or county in which the extended, and moving and assuming a comfortable shelter is located established an advisory committee to Y «osture for feeding, drinking, urinating, and defecating? assist in compliance with THSC Chapter 823? B. Feeding-RAC Section 169.26(b)] Records 27. Are dogs and cats fed at least once a day or more 12. Does the facility keep records on each animal? Y often as appropriate for the age and condition of the 'l animal, except as directed by a veterinarian? Are other I ] 13. Do records document animal description, animals fed as described on packaging of a commercial, impoundment and disposition dates, and method of species-specific food or as directed by a veterinarian disposition? (see#32 for ferret requirements)? TAC=Texas Administrative Code, THSC=Texas Health and Safety Code Inspector Initials: V, 5 Date: 02 s (I '� , 1 I. Facility: V106 Registration No: a 3 Feeding (cant.)(cant.) Rabies Quarantine Facilities (Completed by DSHS 28. Is food wholesome, palatable,free from Only) -[TAC Section 169.27(a)] contamination, of sufficient nutritive value to meet daily a 38. Is there documentation of twice-daily observations of requirements, and accessible to animals? 7 quarantined animals? 29. Are food pans kept clean and sanitary, and if Rabies Quarantine Facilities (Completed by DSHS disposable food pans are used, are they discarded after t.e Only) -[TAC Section 169.2f3(a)and THSC Section each feeding? 826.042(g)] ... 39. Does the facility have a written Standard Operating C.Watering -[TAC Section 169.26(c)] ,--- Procedure (SOP)? Y 30. Do animals have convenient access to fresh water and 40. Is the SOP specific for the facility? Y. is it offered at least twice daily for at least an hour(except y '41. Is the SOP posted or otherwise readily available to ,, as directed by a veterinarian)? all employees? T 31. Are the water bowls clean and sanitary? y 42. Is the SOP designed to ensure effective and safe 32. Do domestic ferrets have 24-hour access to water in a quarantine procedures? 1 'drinking bottle and to food? '1 43. Do enclosures have solid walls to prevent physical D.Santtation -[TAC Section 169.26(d)] ------contact between animals? Y 33. Are excreta removed from primary enclosures often 44. Are the primary enclosures enclosed on all sides, enough to prevent contamination of the animals (at least y including the top, to prevent escape? once a day)? 45. Does each quarantine run, cage, and kennel 34. Are cages, rooms, and pens maintained in a sanitary containing a quarantined animal have a "Rabies NI/ condition? V Quarantine" placard/sign posted on it? 1 For Facilities Subject to THSC Chapter 829 (Located 35. Are the building and premises kept clean? y In Non-exempt County)—(Sections 829.002 and E. Pest Control -[TAC Section 169.26(e)] 829 007) 36. Is there a regular program in place for control of v 46. This standard is for purposes of meeting insects, ectoparasites, and other pests? , I requirements set forth in THSC Chapter 829 only. Are 37. Is the facility free of visible signs of rodents and are all employees whose primary job is to enforce animal control laws in compliance with training requirements other vermin infestations kept to a minimum at all times? (Sec. 829.002)? If so, this inspection form serves as a certificate of compliance per Section 829.007. This facility has approximately 3 6 cat cages and 39 dog cages/pens. When the facility was inspected today, it was housing approximately 5 cats and 0 dogs. Inspector Comments: 0 Check here if additional inspector comments are attached Facility Rating: Satisfactory i Unsatisfactory_ _ _ Probation............___ ....._. If applicable, timeline for probationary period As the inspector, I certify that I have personally inspected this facility and that it conforms to the statements above. ns-75--pectorditii nature Date —G240 '" /9 I Thy• . a ri below ailt ledg, complet"-n and receipt of the inspection form: ir 2 / 9 Manager (ret-, ./--1(copy a er,. •ir. ore) Date jo, _Ai .--ii—VIria4M-M.11111110k /JC// 7 Regional Zoonosi-Oontr.I (ZC)Veterinarian Datr White original and yellow copy to DSHS Regional Office after Inspector's and Manager's signatures. Regional Office retains yellow copy after ZC -711) i:-,-- TEXAS Veterinarian's signature and returns original with all signatures to facility. Texas Department of State ,.. Health and Human —. Services Health Services TAC Texas Administrative Code, THSC=Texas Health and Safety Code Zoonosis Control DSHS=Texas Department of State Health Services 08/18 Stock No Z-3 Wylie CityCouncil in [. Y i AGENDA REPORT Meeting Date: June 11, 2019 Item Number: C Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: May 28, 2019 Exhibits: 3 Subject Consider, and act upon, approval for substantial renovations in accordance with Ordinance No. 2013-17 for the remodel of an existing residential structure, located at 302 N. Ballard within the Downtown Historic District. Recommendation Motion to approve a request for substantial renovations in accordance with Ordinance No. 2013-17 for the remodel of an existing residential structure, and that bar windows will be period style to aesthetically match existing windows, located at 302 N. Ballard within the Downtown Historic District. Discussion Owner/Applicant: Evaristo Jimenez The property owner is proposing exterior renovations to an existing residential structure in order to enhance the aesthetic look of the building. The previous use was Taste of Home restaurant and the proposed use will be Frankie's Mexican Cuisine. Renovations include constructing a walk-in cooler to the rear, opening up the south side of the building to add a bar on the porch, as well as adding doors and windows. The attached elevations indicate the location of all new construction and notes that new materials and paint will match existing. The majority of the changes to the exterior will take place on the south side (bar & outside seating area) and west side (front entry). The applicant proposes to install 4 new sliding windows to provide service from the bar to the outside patio seating area. Currently the front is accessed from stairs facing west. The proposal shows the entry will be from a set of stairs that will face south and lead to a new landing, door and vestibule area. The owner desires to begin work June 12 and finish by July 31, 2019. HRC DISCUSSION: The Commission discussed the window style for the bar area and by consensus recommended to have period style windows along the south side bar opening. The bar windows should resemble the existing windows with horizontal mullions regardless of how they function. The Commission voted 4-0 to recommend approval to the City Council. 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LANDING, AND RAILING. STYLE AND COLORS. NEIN ADDITION FOR INALK-IN COOLER. SHEET: STYLE AND COLORS. NEIN COUNTER HEIGHT BAR. TO MATCH EXISTING TO MATCH EXISTING SIDING STYLE AND COLOR. ACCENT COLOR. A..,1 Page is too large to OCR. New Layout ap NkHAWMN FOR revious Layout l-1 tm C pppoo SppppWS S`p`pnS S4l4!.�..�� r�w�w �.rnvr _ B (i■� GOV• "9rc-vr a"F4OPTlp= KrAAVPI=m roRv 1XA1 Goan ������ TO MATCH S3�7..'TIIW AAPRC�(A7L4Y8:17.� dAS�@97Y4EANDG-034R m' - :.s. .-.. •:: i'�..:'y+;.� 'x. .y.{,^ _.,-":Y[.:k.. '�'=.."ham ... �,�x+.. '"�� � r�llll Y�I` rnrrran'r i�ui nrrerann nrrn JAI WYLIE Meeting Date: June 11, 2019 Department: City Secretary Prepared By: City Secretary Date Prepared: May 28, 2019 Wylie City Council Item Number: I (City Secretary's Use Only) Account Code: Exhibits: —Ordinance, Applications • . Consider, and act upon, appointments to fill the Board of Ethics vacancies for a term to begin July 1, 2019 and end June 30,2021. Motion to approve, and Alternates, and for the Board of Ethics vacancies for a term to begin July 1, 2019 and end June 30, 2022. Per Ordinance No. 2014-19, prospective Board of Ethics applicants shall be interviewed by the entire City Council. Page 1 of 1 ORDINANCE NO.2014-19 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ESTABLISHING A CODE OF ETHICS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Wylie desires for all of its citizens to have confidence in integrity, independence, and impartiality of those who act on their behalf in government; and WHEREAS, this proposed Code of Ethics to define the bounds of reasonable ethical behavior by the City Council and all appointed City Offices. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS that this Ordinance be adopted in order to promote confidence in the government of the City of Wylie, and thereby enhance the City's ability to function effectively. Section 1. Definitions. In this article: Administrative Board means any board, commission, or other organized body: (1) That has, by law, final decision -making authority on matters within its jurisdiction and that is either: (a) established under the City Charter or by city ordinance, or (b) whose members are all council members or are appointed or confirmed by the City Council; or, (2) Created as a non-profit economic development corporation by the City Council under the authority of the Development Corporation Act of 1979, as amended. Advisory Board means a board, commission, or other organized body other than an Administrative Board, that was created by an act of the City Council whose members are appointed or confirmed by the City Council and are charged with making recommendations to the City Council on matters within its jurisdiction. City Official means a member of the City Council, an Administrative Board, or an Advisory Board. Economic Interest means a legal or equitable property interest in land, chattels, and intangibles, and contractual rights having a value of more than fifty thousand dollars ($50,000.00). Service by a City Official as an Officer, director, advisor, or otherwise active participant in an educational, religious, charitable, fraternal, or civic organization does not create for that City Official an "Economic Interest" in the Ordinance No. 2014-19 — Code of Ethics Page 1 of 11 property of the organization. "Economic Interest" does not include the contract and/or business relationship that the City Manager, City Secretary, City Attorney and/or his law firm, and/or the Municipal Court Judges and Magistrates and/or their respective law firms have with the City." Official Action means: (1) any affirmative act (including the making of a recommendation) within the scope of, or in violation of, an Official's duties; or (2) any failure to act, if the Official is under a duty to act and knows that inaction is likely to affect substantially an Economic Interest of the Official. Review Panel means the body charged with reviewing and acting on complaints and requests for declaratory relief filed under this article. Section 2. Covered officials. The rules of ethical conduct contained below apply generally to City Officials unless otherwise specified. Section 3. Officials required to comply with both state and local law. Where a City Official's conduct is regulated by a provision of this article and a similar provision of state law, and it is possible to comply with the requirements of both, a City Official shall comply with both. Section 4. Education. The City shall provide training and educational materials to City Officials on their ethical obligations under state law and this article. Such training shall include at least one formal classroom session in each calendar year. All City Officials shall must annually attend the formal training session offered by the City or equivalent training sessions conducted by the Texas Municipal League or similar organizations. The City also shall prepare and distribute written materials on the subject to each City Official at the time of his or her election or appointment to office. Section 5. Ethical values. It is the official policy of the City that: (A) City Officials shall be independent, impartial, and responsible to the citizens of the City; (B) City Officials shall not have a financial interest, and shall not engage in any business, transaction, or professional activity, or incur any obligation that conflicts with the proper discharge of their duties for the City in the public interest. Ordinance No. 2014-19 — Code of Ethics Page 2 of 11 (C) The principles of personal conduct and ethical behavior that should guide the behavior of City Officials include: 1. A commitment to the public welfare; 2. Respect for the value and dignity of all individuals; 3. Accountability to the citizens of the City; 4. Truthfulness; and S. Fairness. (D) Under such principles of conduct and ethical behavior, City Officials should: 1. Conduct themselves with integrity and in a manner that merits the trust and support of the public; 2. Be responsible stewards of the taxpayers' resources; and 3. Take no official actions that would result in personal benefit in conflict with the best interests of the City. (E) To implement the principles of conduct and ethical behavior set out above, the City Council has determined that it is advisable to enact rules of ethical conduct to govern City Officials. It is the purpose and intent of City Council to assure a fair opportunity for all of the City's citizens to participate in government, to adopt standards of disclosure and transparency in government, and to promote public trust in government. Section 6. Rules of Ethical Conduct for City Officials. The rules of ethical conduct contained below, are intended not only to serve as a guide for official conduct, but also as a basis for discipline of City Officials who do not abide by them. (A) Appearance on behalf of private interests of others. (1) A member of the City Council shall not appear before the City Council, an Administrative Board or an Advisory Board for the purpose of representing the interests of another person or entity. However, a member of the City Council may, to the extent as otherwise permitted by law, appear before any such body to represent the member's own interests or the interests of the member's spouse or minor children. Ordinance No. 2014-19 — Code of Ethics Page 3 of 11 (2) A City Official who is not a member of the City Council shall not appear before the body on which he or she serves for the purpose of representing the interests of another person or entity, and shall not appear before any other body for the purpose of representing the interests of another person or entity in connection with an appeal from a decision of the body on which the City Official serves. However, the City Official may, to the extent as otherwise permitted by law, appear before any such body to represent the City Official's own interests or the interests of the City Official's spouse or minor children. (B) Misuse and disclosure of confidential information. (1) It is a violation of this ethics code for a City Official to violate V.T.C.A., Penal Code, § 39.06 (Misuse of Official Information), as amended. (2) A City Official shall not disclose to the public any information that is deemed confidential under any federal, state, local law, or council rules, unless required by law. (C) Restrictions on political activity and political contributions. (1) No City Official or candidate for City Council shall meet with any employee or group of employees of the City for political campaign purposes while such employees are on duty. (2) No City Official shall, directly or indirectly, coerce or attempt to coerce any City employee to: (a) Participate in an election campaign, contribute to a candidate or political committee, or engage in any other political activity relating to a particular party, candidate, or issue; or (b) Refrain from engaging in any lawful political activity. (3) The following actions by City Officials are not prohibited by this section: (a) The making of a general statement encouraging another person to vote in an election; (b) A solicitation of contributions or other support that is directed to the general public or to an association or organization; and (c) The acceptance of a campaign contribution from a City employee. Ordinance No. 2014-19 — Code of Ethics Page 4 of 11 (4) No City Official shall use, request, or permit the use of City facilities, personnel, equipment, or supplies for the creation or distribution of materials to be used in a political campaign or for any other purpose in support of a political campaign. However, meeting rooms and other City facilities that are made available for use by the public may be used for political purposes by City Officials under the same terms and conditions as they are made available for other public uses (D) Use of cell phones or electronic devices during meetings. City Officials shall refrain from using cell phones or electronic devices during a meeting unless it is for the purpose of accessing agendas and information relevant to the agenda. Cell phones shall be turned off or put on vibrate during meetings. Should it be necessary to use a cell phone, City Officials shall step out of the meeting. Text messaging, emails and other written communications shall not be sent during a meeting unless it is an emergency. (E) Use of City letterhead and logo. The City's name, letterhead and logo are not to be used for non -City business or purposes. City Officials shall not use the City letterhead or other materials for personal correspondence, in connection with non -City business such as personal fund raising for charitable causes, endorsements, or other types of personal business. Section 7. Board of Ethics. (A) Creation and appointment. There is hereby created a Board of Ethics to consist of five members and two alternates. The purpose of the Board shall be to issue advisory opinions and waivers on ethical issues arising under this article and to hear inquiries or complaints and issue findings and recommendations regarding alleged violations of this article. Prospective Board of Ethics members shall be interviewed by the entire City Council. (B) Qualifications. (1) All members must live within the city of Wylie city limits. (2) Members may not serve on any other Council appointed Board or Commission during their term on the Board of Ethics. (3) No City of Wylie employee can be on the Code of Ethics Board. Ordinance No. 2014-19 — Code of Ethics Page 5 of 11 (C) Terms of appointment. No Board of Ethics member may serve more than two (2) consecutive years (with the exception of the inception to achieve staggered terms.) (D) Removal. The unexcused absence of any member of the Board of Ethics from three (3) consecutive meetings, unless the Board has excused the absence for good and sufficient reasons as determined by the Board, shall constitute a resignation from the Board. A member may be removed for inappropriate conduct before the expiration of the member's term. Before removing a member, the Board of Ethics shall specify the cause for a recommendation of removal and shall give the member the opportunity to make a personal explanation. Then the recommendation shall be brought to the City Council for an official vote by Council. If the recommendation is regarding a City Council member that member shall be exempt from the vote. E. Consultation with city attorney. The Board of Ethics may consult with the city attorney or a designee of the city attorney regarding legal issues which may arise in connection with this article and may request advisory assistance from the city attorney in conducting hearings on inquiries during any stage of the process. F. Advisory opinions and waivers. (1) Any current elected officials or board/commissions member or anyone seeking to become an elected officials or board/commissions member may submit a written request to the Board of Ethics for advisory opinions on whether any conduct by that person would constitute a violation of the Code of Ethics. The Board of Ethics shall render an advisory opinion pursuant to written rules adopted by the Board, but in no case shall the Board take longer than six (6) weeks from the time it received the request to issue an advisory opinion or to give written notice explaining the reason for delay and stating an expected issuance date. (2) Any current elected officials or board/commissions member or anyone seeking to become an elected officials or board/commissions member may submit a written request for a waiver of any provision of the Code of Ethics. The Board of Ethics is empowered to grant a waiver if it finds that the waiver will serve the best interests of the City. The Board shall issue appropriate notice of its meeting on the waiver and its meeting shall be open to the public. The Board shall Ordinance No. 2014-19 — Code of Ethics Page 6 of 11 either issue or deny the waiver within six (6) weeks of receiving the request. G. Complaints or inquiries to the Board of Ethics. Any person may file an official written complaint or inquiry with the Board of Ethics asking whether a current elected officials or board/commissions member has failed to comply with this code of ethics. Prior to review by the Board of Ethics, the city attorney shall first determine the following: (1) If the Board of Ethics has jurisdiction over the alleged violation, and; (2) If the alleged violation, if true, would or would not constitute a violation of this article. Subject to the rules adopted by the Council pursuant to section 7.H., the Board of Ethics shall: (1) Conduct a hearing in a meeting, which shall be open to the public on all official written complaints or inquiries which have not been dismissed pursuant to paragraph G of section 7 or resolved under paragraph F of section 7. (2) Except as otherwise provided in this article, make public written findings and recommendations, if any, on complaints or inquiries. Board findings should characterize the seriousness of the violation, if any. (3) The City Manager or the City Attorney shall inform the person who is the subject of the complaint or inquiry and the person who submitted the complaint or inquiry of the Boards' findings, and recommendations; and (4) If the Board feels corrective action may be necessary, it must make its recommendations to the City Council in writing. The Board may propose actions appropriate to the finding, ranging from a recommendation that the person abstain from further action on the matter or seek a waiver, to adopting a resolution reprimanding the person. (H) Procedures for complaints or inquiries. The City Council shall adopt written rules to govern the Board of Ethics in order to create a process that is fair both to the person who submitted the complaint or Ordinance No. 2014-19 — Code of Ethics Page 7 of 11 inquiry and the person who is the subject of the complaint or inquiry. In addition to rules which the Board may in its discretion adopt, the rules shall: (1) Establish time lines for all aspects of its handling of complaints or inquiries. The time lines shall be sufficiently long to enable a person who is the subject of a complaint or inquiry to have adequate time to understand the complaint or inquiry and prepare a response. The rules shall allow the Board to alter the time lines upon a request of the subject of a complaint or inquiry for more time to prepare; (2) Require the complaint or inquiry to be in writing on a form approved by the Board, to be signed, and to show the home or business address and telephone number of the person who submitted it. The form shall contain a statement that must be signed and which states that, to the best of the person's knowledge, information, and belief formed after reasonable reflection, the information in the complaint or inquiry is true. The rules shall require the complaint or inquiry to describe the facts that constitute the violation of this Code of Ethics in sufficient detail so that the Board and the person who is the subject of the complaint or inquiry can reasonably be expected to understand the nature of any offense that is being alleged; (3) Prohibit the Board from accepting complaints or inquiries about actions that took place or became known to the complainant more than six (6) months prior to the date of filing; (4) Require the Board to notify the person who is the subject of the complaint or inquiry that a complaint or inquiry has been filed. The rules shall require the Board to provide the notification in a timely manner, but no more than five (5) days from the day the complaint or inquiry was filed. The rules shall require the notification to include a copy of the full complaint or inquiry; a copy of any portion of this article that is alleged to have been or that may be violated; and the Board's rules for dealing with complaints or inquiries; (5) Require the Board to provide the subject of the complaint or inquiry with a copy of the complaint or inquiry before it provides copies to any other parties. The rules shall recognize that distribution to the public of a complaint or inquiry prior to screening by the Board as required in below could harm the reputation of an innocent person and is contrary to the public interest; therefore, the rules shall prohibit the public release of the complaint or inquiry until the screening process in below has been completed; (6) Require the Board or a committee of the Board to meet within thirty- one (31) days of receiving a complaint or inquiry to screen the Ordinance No. 2014-19 — Code of Ethics Page 8 of 11 complaint or inquiry. The rules shall allow the Board to immediately dismiss a complaint or inquiry if: a. The alleged violation is a minor or de minimis violation; b. The complaint or inquiry is, on its face, frivolous, groundless, or brought for purposes of harassment; C. The matter has become moot because the person who is the subject of the complaint or inquiry is no longer an elected officials or board/commissions member; d. The person who is the subject of the complaint or inquiry had obtained a waiver or an advisory opinion under section 7.F. permitting the conduct. The rules shall require the dismissal and the reason for dismissal to be in writing and available to the public. (7) Require the Board to have hearings at meetings, which are open to the public on complaints or inquiries, which have not been dismissed pursuant to paragraph G of this section or resolved under paragraph F of this section. (8) Allow any person who is the subject of a complaint or inquiry to designate a representative if he or she wishes to be represented by someone else, to present evidence, and to cross-examine witnesses. The rules shall allow the person who submitted the complaint or inquiry and the subject of the complaint or inquiry sufficient time to examine and respond to any evidence not presented to them in advance of the hearing; (9) Require deliberations on complaints or inquiries to be conducted in open session; (10) Allow the Board to dismiss a complaint or inquiry without a finding for or against the subject of the complaint or inquiry if the person committed the violation due to oversight and comes into voluntary compliance; (11) Allow the Board to dismiss a complaint or inquiry if the person who submitted it does not appear at hearing and if, in the opinion of the Board, it would be unfair to the subject of the complaint or inquiry not to have the opportunity to examine the person. The rules shall, however, require the Board to schedule the hearing at a time that is reasonably convenient to both the person who submitted the complaint or inquiry and the subject of the complaint or inquiry; Ordinance No. 2014-19 — Code of Ethics Page 9 of 11 (12) Require the Board to base a finding of a violation upon [clear and convincing evidence]; (13) Require the Board to inform the person who submitted the complaint or inquiry and the subject of the complaint or inquiry in writing if it believes a complaint or inquiry is frivolous, groundless, or brought for purposes of harassment; (14) Prohibit members who have not been present for the hearing from participating in a recommendation; (15) Require that findings and recommendations be made only by a majority of the Board; (16) Allow the Board to consider, when it makes findings and recommendations, the severity of offense; the presence or absence of any intention to conceal, deceive, or mislead; whether the violation was deliberate, negligent, or inadvertent; and whether the incident was isolated or part of a pattern; (17) Allow the Board to issue an advisory opinion in response to a complaint or inquiry, in lieu of making findings and recommendations, where deemed appropriate by the Board. Section 8. Other Obligations. This Code of Ethics is cumulative of and supplemental to applicable state and federal laws and regulations. Compliance with the provisions of this Code shall not excuse or relieve any person from any obligation imposed by state or federal law regarding ethics, financial reporting, lobbying activities, or any other issue addressed herein. Even if a City Official is not prohibited from taking official action by this Code of Ethics, action may be prohibited by duly promulgated personnel rules, which may be more stringent. Section 9. Effective Date. This Code of Ethics shall take effect on May 28, 2014, following its adoption and publication as required by law. Every person shall be provided reasonable opportunity to review this Code of Ethics as a condition of their candidacy and/or application to be a City Official. Individuals seated as City Officials on the effective date of this Ordinance shall be bound by it and shall sign a written acknowledgement of receipt and understanding of this Code within 30 days of the effective date. All City Officials elected, appointed or retained following the effective date of this Code shall sign a written acknowledgement of receipt and understanding of this Code before performing any of the duties or functions of the City Official's position. Ordinance No. 2014-19 — Code of Ethics Page 10 of 11 Section 10. Distribution and Training. (A) At the time of application for a position of City Official, every applicant shall be furnished with a copy of this Code of Ethics. No application shall be considered complete without a signed acknowledgement of receipt and understanding of this Code by the applicant. (B) The City Attorney or City Manager as designated by the City Council shall develop educational materials and conduct educational programs for the City Officials on the provisions of this Code of Ethics, Article XI of the City Charter, and Chapters 171 and 176 of the Texas Local Government Code. Such materials and programs shall be designed to maximize understanding of the obligations imposed by these ethics laws. Section 11. Severability. If any provision of this Code is found by a court of competent jurisdiction to be invalid or unconstitutional, or if the application of this Code to any person or circumstances is found to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the other provisions or applications of this Code which can be given effect without the invalid or unconstitutional provision or application. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 2Wh day of May, 2014. 6,4C Eric Hogue, M y(v ATTESTED AND CORRE LY RECO E �� OFF Caro e Ehrlich, ecretary i� DATES OF PUBLICATION: May 28, 2014 in the Wylie News o�� cowrt�oo �Mt► re R�rtw�y 01887- re of TV-0i Ordinance No. 2014-19 — Code of Ethics Page 11 of 11 t! &s ( TI)0Sal uur bific crimes 1Surphy Monitor •The Princeton Herald ;/-Sachk NcIv s THE WYLIF NEWS n STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned authority, on this day personally appeared Chad Engbrock, publisher of C & S Media, dba The Wylie News, a newspaper regularly published in Collin County, Texas and having general circulation in Collin County, Texas, who being by me duly sworn, deposed and says that the foregoing attached: City of Wylie Ordinance No. 2014-19 was published in said newspaper on the following dates, to -wit: May 28, 2014 Chad Engbrock, Publisher Subscribed and sworn before me on this, the _day of to certify which witness my hand and seal of office. A. Sonia A. Duggan Commission Expires ot< 09-02-2016 AM 2014 / — Notary Public i for The State of Tex s My commission expires %1u11111 %lic Olfict • 111) N. Ballard • 1'.O. Roy 369 • Wphc.7X 7 098 • 972 44'_-i I • ioN 977 W2 }, 18 ktrnwr,yiIlc' PrinccK)n OAicc • II)1 S. IMAM • P.O. 13ur 512 • 1=nrmc' %iIIe,"FX 75442 • 972-784-6397 • 1ar 972-7);2-7U1_3 May 28 - May 29, 2014 T ORDINANCE NO.2014-19 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ESTABLISHING A CODE OF ETHICS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDI- NANCE; PROVID- ING FOR REPEAL- ING, SAVINGS AND SEVERABIL- ITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVID- ING FOR THE PUBLICATION OF THE CAP- TION HEREOF. 3-1t-26-339 Personal Information First Nerds Last t rn Justin Grayczyk Re giste rest Vote r ,art7 yua a re,;sfc'ned vcgor`` Yes fa Voter Registration Vvh"r+._nari Far&y'oukryj6Mred n County* Collin Contact Information Phone ,< Aft. Phone No. E-mail ' ex, 23 &3� 78rk Address 709 Kickelvllle L R'NV kcog @vab'e. ^usSu tuetI a a'>tllse. r, AM rv11" Since 201 r 1p ymerrtt Information Occupation Technology Code of Ethics Acknowledgement Acknowledgment & Signature I have revieved Ordinance No, 2014-19City of Wylie Code of Ethics, above as required in Section t Of A) of the If appointed, I agree to serve a two, year terra to the Board of Ethic; I area avva, ru of the meeting dates and flrries as the Board d of Ethics, I yarn aware that I may not serve on any other council appointed board or crarnnarssion during rny terra on the Board of Ethics. I understand that I Wl1 be required to attend training can the Open Meetings Act and Public Information Act Wthin 30 days of taking rnyr Oath of Office. 1 agree to contactthe CitySecretary's Office in the event there is :a change in my contact information: My signature indicates that I have read, understand, and agree to all conditions and that all of the above Information Is correct Signature Date ' fr'I 1 fr20tp rif W W l Personal Information First Name bast Name Sammi Powers itr. 4_ ru d o1 s,. vujr iuO &4,a�i,rsf cnil at ncr Registered Voter A,y',yc uP"Rp 1&E ,VcAor' Yes No Voter Registration taftH, C?�Loty are Ycku r(rst . r,rJ n", County* Col4n Contact .Information Phone o, Alt, Phone No. Address * 413 Kylie Ln Wylie, TX 75098 -mall "-ksi kcqj Nave ynLecl1 a yAA6y �K� puss=rat`° years Yr 9 I aUst k T yri€. $ s r, der&Y k',serve way this(hv:'rd mpioyme tt Information Occupation Case Manager Wth the American Arbitration Association Code of Ethics Acknowledgement Acknowledgment & Signature 1 have reviewed Ordinance 01 4-1 , City of Wylie Code of Ethics above as required in Section 1 O(A) of the 7rcilrraance; if -Appointed, l agree to serve a two year term to the Board of Ethics, d am aware of the meeting states and times of the Board of Ethics, t am aware that t rroy not serve on any other COUnc. i appointed board or commission during y tear on the Board of Ethics: t understand that 1 %vill he required to attend training on the users Meetings Act and Public information Acat Mthi-u 30 days of taking my Oath of Office, 1 agree ko contact the City Secretary's Office in the event' there is a change in my contact information.'' My signature indicates that l have read, understand, and agree to all conditions and that all of the above inforrhit.ion is correct, Signature Date t 3/07/201 7 T VV ® &-I&- Personal Information First Name Last Narne Chad Tittle R(rise powe, you�f I'd k4,ga�l first and ki--t nall-F, Registered Voter A( e yLia a reqrsfcned vcqof? r Yes r hic, Voter Registration VVhcl, Cbuniyweyou n"' County * Collin Contact Information Phone No.* Alt. Phone No. 9729784943 9729651917 Address 312 Dominion Dr E-rnail* kx�,'j lvf",e Y�,As 30 yf)u nust. be"a VNVW, res0en't r,(, nb orvecn thws In ad Employment Information Occupation B6VA Compass Code of Ethics Acknowledgement FlVa-S,' r%Xl NAh'Y Acknowledgment & Signature DOB I have revied Ordinance No, 2014-1City of Wylie Code of Ethics, above as required tn Section 1 O(A) of the Ordinwice. ff appointed, I agree to serve a two year term to the Board of Ethics, i am awire of [tie meeting dates and Umes of the Board of Ethics, I am amre that I may not serve on any other council appointed board or commission during my term on the Board of Ethics:, t understand that I Wit be required to attend training on the Open Meetings Act and Public Worrnation Act vAhin 30 days of taking my Oath of Office. I agree to contact the City Secretary's Office in the event there is a change in my contact information, My signature indicates that I have read, understand, and agree to all conditions and that all of the above information is con ect, Signature Date * 04(1612019 7 T VV ® &-I&- Personal Information First Name Last Name* Randall Zabojnik Pease rxcrvi:%rz ycx I � 7 i_01 k4ga�' fiFst and kisnaii-F, Registered Voter A( e yLia a repstc'ned vcq�,(? r Yes r q) Voter Registration "'%Ahie' Glaki'lly are yclu pygstef In? County Collin Contact Information Phone No, * Alt. Phone No. 469-767-4393 ex� e,X Address 1307 Starpoint Ln E-mail* iorg WY�"Iu bwe') a Wyk-, 12 yrs Yw mist v--c-a s,"vyra res'0vll" brFerve ,V' r ki,. It"xw"'I Employment Information Occupation Code of Ethics Acknowledgement Rwse rf-xad fir txr14Y'V-v%,-,e Acknowledgment & Signature I have f evied Ordinance No. 2014-19. City of Wylie Code of Ethics, above as required in Section I OA) of the Ordinance, if appointed, I agree to serve a tw.) year term to the Board of Ethics. I arn awafe of the treefing dates and t€rnes of the Board of Ethics, I am aware that I may not serve on any Nher courral appointed board or commission during my term on the Board of Ethics. t understand that I will be required to attend training on the Open Meetings Act and Public Informabon Act within 30 days of taking my Oath of Office. 1 agree to contact tjrja City Secretary's Office in the event there is a change in rny contact information, My signature indicates that t have read, understand, and agree to all conditions and that all of the above inforrriation is Con ect, Signature Date * 02/211/2019 Meeting Date: June 11, 2019 Department: City Secretary Wylie City Council Item Number: 2 Prepared By: City Secretary Account Code: Date Prepared: May 29, 2019 Exhibits: 2 (City Secretary's Use Only) Consider, and act upon, the recommendations of the 2019 Boards and Commission Council Interview Panel for appointments to the Animal Shelter Advisory Board, Construction Code Board, Historic Review Commission, Library Board, Parks and Recreation Board, Parks and Recreation Facilities Development Corporation Board (413), Planning and Zoning Commission, Public Arts Advisory Board, Wylie Economic Development Corporation, and the Zoning Board of Adjustments to fill board vacancies for a term to begin July 1, 2019 and end June 30, 2021 /22. Motion to approve, the recommendations of the 2019.Boards and Commission. Council Interview Panel for appointments to the Animal Shelter Advisory Board, Construction Code Board, Historic Review Commission, Library Board, Parks and Recreation Board, Parks and Recreation Facilities Development Corporation Board (413), Planning and Zoning Commission, Public Arts Advisory Board, Wylie Economic Development Corporation, and the Zoning Board of Adjustments to fill board vacancies for a term to begin July 1, 2019 and end June 30, 2021/22. Article 8, Section 1 A of the City Charter authorizes the City Council to appoint members to serve on boards, commissions and committees to help carry out the functions and obligations of the City and to make recommendations to the City Council. The City Council has prescribed the purpose, composition, function, duties, accountability, and the tenure of each board, commission, and committee. The Public Information Officer and City Secretary's Office began an active campaign to solicit for Board and Commission applications by utilizing the Wylie News, eWYLIE, Facebook, and contacting current board and commission members to determine if they wished to seek re -appointment. Staff also utilized the City's Website by offering application submittals on-line. An interview panel, consisting of three council members was used to conduct interviews of all applicants. All applicants were personally contacted to schedule an informal meeting, in open session with the Boards and Commission Council Interview Panel. Council members appointed by the Wylie City Council for 2019 are: Mayor pro tent Jeff Forrester, Chair; Councilman David Dahl, and Councilman Matthew Porter. The Panel met with applicants on Wednesday, May 29, 2019.and Thursday, May 30, 2019 to conduct interviews and deliberate their choices to recommend to the full council. Page 1 of 1 Page 2 of 2 The Council feels that the entire process is helpful to them in making appointments and offers an opportunity to understand some of the visions the applicants have for the community. The 2019 Boards and Commission Council Interview Panel have attached their recommendations for Council consideration and action. In addition to the applicant positions recommended, the panel has recommended replacements should a vacancy occur for some of the positions. Some boards with designated alternates were not issued replacements. Vacant positions during the year will be filled with current applicants as those vacancies occur. All replacement appointments will come before Council for final approval. The attached recommendations may be made in one motion, if all recommendations are approved by Council. RESOLUTION NO. 2006-17(R) A RESOLUTION OF THE CITY OF WYLIE, TEXAS ADOPTING PROCEDURES FOR THE WYLIE BOARDS AND COMMISSION INTERVIEW PROCESS AND THE APPOINTMENT OF THE 2006-07 BOARDS AND COMMISSION INTERVIEW PANEL. WHEREAS, the City of Wylie has nine boards and commissions comprised of a total of 54 members serving staggered two year terms; and WHEREAS, each year the City of Wylie receives applications from residents for consideration of appointment to City of Wylie Boards and Commissions; and WHEREAS, applicants for the board and commission members are interviewed by a Selection Panel consisting of three council members, and WHEREAS, it has been deemed that guidelines be set for the Selection Panel, the application process, the interview process, and the appointment process of the City of Wylie Boards and Commissions. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE: SECTION 1: That the City Council of the City of Wylie will appoint a three (3) member Selection Panel each year comprised of three (3) Council Members. SECTION 2: That applications and scheduling of applicants to be interviewed by the Selection Panel will be completed by the City Secretary and provided to the City Council. SECTION 3.: That the interview process will be held in the City of Wylie Council Chambers and notifications of the interview dates will be posted for the public to attend. SECTION 4: That City Council can provide a series of questions to the Selection Panel for the applicants to address during their interview. SECTION 5: Recommendations by the Selection Panel will be made in open session and the recommendations will be presented to Council for discussion and approval. Resolution No. 2006-17(R) Boards and Commission Interview Process DULY PASSED AND APPROVED by the Wylie City Council on this 23 rd day of May 2006, John Yondy, Ntayor ATTEST: AL Ehrlich, �Ycretary 41E ' TEXP M Resolution No. 2006-17(R) Boards and Commission Interview Process 2019 INTERVIEW PANEL FINAL RECOMMENDATIONS PLACE I NAME I APPLICANT AWARDED POSITION Replacement 1 1 1 Alysia Little Alt. Craig Allen Jacques Loraine III 4 Bryan Rogers Lowell Davis 5 Bobby Heath, Jr. Bobby Heath, Jr. 6 Shaun Chronister Philip Timmons 7 Billy McClendon Billy McClendon 1 Scott Cessna Debbie Loraine 2 John Pugh John Pugh 3 Gary Taylor Kirstin Dodd -Schubert 7 Joe Chandler Joe Chandler Replacement 1 Tim Gilchrist 1 Mindy Ayers Arthur Borgemenke 2 Janice Borland Janice Borland 3 Shirley Burnett Carla McCullough 4 Rosalynn Davis Rosalynn Davis 5 Juan Azcarate Juan Azcarate Replacement 1 Irene Chavira Replacement 2 Krishna Upadhyaya ll 1NO.OR ,4L44 1�,_ •1 1 Keith-• - Dan Chesnut � Dan Chesnut Emmett Jones Emmett Jones Phillip •- MENNEMENE-MEMENEEM Dan Chesnut�.Suarez Brett • . Brett Swendig Bobby Kinser Brian -. • Replacement• Allen Replacement '. .. NINNINNINMEEMENEEMEM .• Emerson Brad Emerson Mike McCrossin Mike McCrossin Bryan Rogers Bryan Rogers Replacement Ortiz Replacement Anita Jones Anita Jones Minerva Bediako Minerva Bediako Nancy Peirce John Treadwell Replacement.- • Replacement 2 Keith Ferra• 2019 INTERVIEW PANEL FINAL RECOMMENDATIONS Meeting Date: June 11, 2019 Department: Prepared By: Public Works Tim Porter Date Prepared: June 5, 2019 Tabled from 02-26-2019 Remove from table and consider Wylie City Council Item Number: Account Code: N/A Exhibits: (City Secretary's Use Only) Resolution Consider, and act upon, adoption of Resolution No. 2019-06(R) determining a public necessity to acquire certain properties for public use by eminent domain for rights -of -way (in fee simple), temporary construction easements and related improvements for the construction, expansion, access, repair, maintenance and replacement of McMillen Road (from approximately McCreary Road to Country Club Road (FM 1378)); giving notice of an official determination to acquire certain properties for public use by eminent domain for rights -of -way (in fee simple), temporary construction easements and related improvements for the construction, expansion, access, repair, maintenance and replacement of McMillen Road (from approximately McCreary Road to Country Club Road (FM 1378)); authorizing the City Manager of the City of Wylie, Texas, to establish procedures for acquiring the rights -of -way (in fee simple), temporary construction easements and related improvements offering to acquire said property rights, voluntarily from the landowners through the making of bona fide offers; appropriating funds; providing for repealing, savings and severability clauses; and providing for an effective date. Tabled from 02-26-2019 Remove from table and consider I move that the City Council of the City of Wylie, Texas table Resolution No. 2019-06(R), described in Agenda Item #3 to authorize the use of the power of eminent domain to acquire for public use the rights -of -way (in fee simple), temporary construction easements and related improvements on properties located in the areas described and depicted in Exhibit 1 to Resolution No. 2019-06(R) under consideration by the City Council, for the purpose of the construction, expansion, access, repair, maintenance and replacement of roadway facilities, drainage facilities and related improvements, utilizing temporary construction easements, which are necessary for the expansion and construction of McMillen Road from approximately McCreary Road to Country Club Drive (FM 1378). The design of McMillen Road from McCreary Road to Country Club Road is near completion. Twenty-eight (28) right- of-way and easement parcels are needed for the expansion of the roadway. The project is funded through the 2007 Collin County Bond Program and the City has received $750,000 for right of way acquisition. Since the February 26, 2019 City Council meeting the City and/or our consultant has reached out to each of the property owners to initiate acquisition discussions. However, staff is still in discussions or is waiting on responses from several of the owners. Therefore, we seek an extension by tabling this item to an unspecified date. Page 1 of 1 RESOLUTION NO.2019-06(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, DETERMINING A PUBLIC NECESSITY TO ACQUIRE CERTAIN PROPERTIES FOR PUBLIC USE BY EMINENT DOMAIN FOR RIGHTS -OF -WAY (IN FEE SIMPLE), TEMPORARY CONSTRUCTION EASEMENTS AND RELATED IMPROVEMENTS FOR THE CONSTRUCTION, EXPANSION, ACCESS, REPAIR, MAINTENANCE AND REPLACEMENT OF MCMILLEN ROAD (FROM APPROXIMATELY MCCREARY ROAD TO COUNTRY CLUB ROAD (FM 1378)); GIVING NOTICE OF AN OFFICIAL DETERMINATION TO ACQUIRE CERTAIN PROPERTIES FOR PUBLIC USE BY EMINENT DOMAIN FOR RIGHTS -OF -WAY (IN FEE SIMPLE), TEMPORARY CONSTRUCTION EASEMENTS AND RELATED IMPROVEMENTS FOR THE CONSTRUCTION, EXPANSION, ACCESS, REPAIR, MAINTENANCE AND REPLACEMENT OF MCMILLEN ROAD (FROM APPROXIMATELY MCCREARY ROAD TO COUNTRY CLUB ROAD (FM 1378)); AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS, TO ESTABLISH PROCEDURES FOR ACQUIRING THE RIGHTS -OF -WAY (IN FEE SIMPLE), TEMPORARY CONSTRUCTION EASEMENTS AND RELATED IMPROVEMENTS, OFFERING TO ACQUIRE SAID PROPERTY RIGHTS, VOLUNTARILY, FROM THE LANDOWNERS THROUGH THE MAKING OF BONA FIDE OFFERS; APPROPRIATING FUNDS; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that there is a public necessity for the acquisition, by eminent domain, of certain parcels of rights -of -way (in fee simple), temporary construction easements and related improvements (collectively, "ROWs and Easements") on the real property described and depicted in Exhibit 1, attached hereto and incorporated herein for all purposes (collectively, "Properties"); and WHEREAS, it is the intent of the City of Wylie, Texas ("Wylie") to acquire the necessary ROWs and Easements on the Properties for the purpose of, among other things, the construction, expansion, access, repair, maintenance and replacement of and/or improvements to public facilities; specifically, ROWs and Easements for the construction of and/or improvements to McMillen Road (between approximately McCreary Road and Country Club Road (FM 1378)) (collectively, the "Projects") for the purposes of, among other things, paving improvements; and WHEREAS, the City Council finds that the descriptions of the Properties to be acquired by eminent domain for the Projects, which are attached hereto in Exhibit 1, comply with Chapter 2206 of the TEX. Gov'T CODE, as amended ("Chapter 2206"), in that the same provides owners of the Properties reasonable notice that the owners' Properties may be subject to condemnation proceedings during the planning or construction of the Projects; and Resolution No. 2019-06(R) Authorizing the Acquisition of Property by Eminent Domain for the McMillen Road Page 1 of 5 Projects 2626497 WHEREAS, the City Council has further investigated and determined that the Projects are necessary for public use; and WHEREAS, it is necessary to establish procedures for determining the establishment and approval of just compensation for the ROWS and Easements to be acquired by eminent domain for the Projects; and WHEREAS, there may be improvements located on some of the Properties acquired for these Projects and such improvements may be required to be moved prior to the beginning of these Projects; and WHEREAS, the City Manager, or his designee ("City Manager"), is required to make a bona fide offer, as defined by and in compliance with Section 21.0113 of the Texas Property Code ("Bona Fide Offer") to acquire each of the ROWs and Easements on the Properties for public use, voluntarily, from the subject landowners prior to moving forward with acquisition by eminent domain; and WHEREAS, the City Council has investigated and determined that the passage of this Resolution complies with Chapter 2206 and other applicable laws. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Resolution as if fully set forth herein. SECTION 2: Acquisition of Properties. The City Council hereby determines that there is a public necessity for, and the public welfare and convenience will be served by, the acquisition, by eminent domain, of the ROWs and Easements on the Properties, and it is Wylie's intent to acquire the ROWs and Easements for public use as described and depicted in Exhibit 1, attached hereto, specifically for the purpose of, among other things, the construction, expansion, access, repair, maintenance and replacement of and/or improvements of the Projects. SECTION 3: Authority of City Manager/Bona Fide Offer. The City Manager is hereby authorized to contract, on behalf of the City Council, with professional appraisers for appraisal services and with attorneys for preparation of title opinions needed by Wylie from time to time in connection with the acquisition of the ROWs and Easements on the Properties for the purpose of, among other things, the construction, access, repair, maintenance and replacement of and/or improvements to the Projects. The City Council hereby ratifies any contracts entered into, prior to the effective date of this Resolution, by the City Manager with professional appraisers for appraisal services and with attorneys for preparation of title opinions needed for the acquisition of the ROWs and Easements on the Properties. To this end, the City Manager shall negotiate and make Bona Fide Offers to acquire the ROWs and Easements on the Properties from the subject landowners voluntarily. Should one or more of the landowners fail to provide the ROWs and Easements voluntarily in response to said Bona Fide Offers, the City Manager is authorized to move forward with acquiring the ROWs and Easements on the Properties by eminent domain. Resolution No. 2019-06(R) Authorizing the Acquisition of Property by Eminent Domain for the McMillen Road Projects Page 2 of 5 2626497 SECTION 4: Determination of Just Compensation. The City Manager is hereby authorized and directed to examine and rely on the independent appraisal reports and other information to make a determination as to the establishment and approval of a fair market value offer and the just compensation for the ROWs and Easements on the Properties for the purpose of negotiating for the acquisition of the ROWs and Easements as well as making the Bona Fide Offers. After such consideration, the City Manager shall establish and approve the amount determined to be just compensation for acquisition of said ROWS and Easements and shall have the authority to execute any and all documents necessary to complete the acquisition of same. SECTION 5: Authority to Make an Offer. Upon establishment and approval by the City Manager of the amount of just compensation for the acquisition of the ROWS and Easements on the Properties, the City Manager is authorized to negotiate the acquisition of the ROWs and Easements and to send a written Bona Fide Offer to the each of the landowners of said Properties for the acquisition of said ROWs and Easements at the full amount detennined and established to be just compensation therefore, and to negotiate with said landowners on behalf of Wylie to acquire the ROWs and Easements voluntarily. SECTION 6: Authority to Execute Documents. The City Manager is hereby authorized to execute all documents necessary to acquire the ROWs and Easements on the Properties needed for the Projects, on behalf of Wylie, whether by purchase or eminent domain. The City Council hereby ratifies any documents executed, prior to the effective date of this Resolution, by the City Manager which were necessary for the acquisition of the ROWS and Easements on the Properties for the Projects. SECTION 7: Disposal of Improvements. The City Manager is hereby authorized to sell such surplus improvements, if any, located on the ROWs and Easements acquired in connection with these Projects, should they interfere with the intended use and enjoyment of said ROWs and Easements. SECTION 8: Eminent Domain Authorized. Should the City Manager be unable to acquire the ROWs and Easements voluntarily from the landowners, through the making of the Bona Fide Offers, the City Manager is authorized to direct the law firm of Abernathy, Roeder, Boyd & Hullett, P.C., to commence eminent domain proceedings for the acquisition of the ROWs and Easements on the Properties for the Projects. SECTION 9: Source of Funds. The amount to be paid, if any, for acquiring the ROWs and Easements on the Properties for the Projects will be appropriated from any lawful source. SECTION 10: Savings/Repealing. All provisions of any resolution in conflict with this Resolution are hereby repealed to the extent they are in conflict. Any remaining portion of conflicting resolutions shall remain in full force and effect. SECTION 11: Severability. Should any section, subsection, sentence, clause or phrase of this Resolution be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Resolution shall remain in full force and effect. The City Council hereby declares that it would have passed this Resolution, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or Resolution No. 2019-06(R) Authorizing the Acquisition of Property by Eminent Domain for the McMillen Road Projects Page 3 of 5 2626497 more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. SECTION 12: Effective Date. This Resolution shall take effect immediately from and after its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 11th day of June, 2019. Eric Hogue, Mayor ATTEST: Stephanie Storm, City Secretary Date of Publication: June 19, 2019 in the Wylie News Resolution No. 2019-06(R) Authorizing the Acquisition of Property by Eminent Domain for the McMillen Road Page 4 of 5 Projects 2626497 [ 105 pages attached hereto] Resolution No. 2019-06(R) Authorizing the Acquisition of Property by Eminent Domain for the McMillen Road Projects Page 5 of 5 2626497 -� F / EST REMAINDER OF � OWNERS ASSO IATION, IN v A� I � �� I I 355 ACR�s (BY DEE) PARCEL #4 I VOLUME 5294, PAGE 316 1 CRE�KSIDE DEV LOPMENT, INC. D.R.U.C.T. I I I Doc. No. 20121 31001 PARCEL #5 PE i _ II �=1 i i it L � ROW PARCEL #4 DOCUMENTS COMPLETED/LAND ACQUIRED (NO MORE ACTION REQUIRED) NAME DESCRIPTION OWNER AREA STATUS ROW PARCEL#1 ROW DEDICATION CAMPELL/WYLIE PARTNERS 96,750SF DEDICATION THRU PLAT PARCEL#1 PE DRAINAGE ESMT CAMPELL/WYLIE PARTNERS 400SF DEDICATION THRU PLAT ROW PARCEL#2 ROW DEDICATION ROBERTV. THURMONDJR. 16,255SF DEDICATION THRU PLAT ROW PARCEL#5 ROW DEDICATION CAMPELL/WYLIE PARTNERS 67,130SF DEDICATION THRU PLAT DOCUMENTS COMPLETED BY SURVEYOR/READY TO BE ACQUIRED NAME DESCRIPTION OWNER AREA STATUS ROW PARCEL#3 ROW DEDICATION YES COMPANIES 85SF DOCUMENTS SIGNED BY SURVEYOR ROW PARCEL #4 ROW DEDICATION ESTATES AT CREEKSI DE 1,745 SF DOCUMENTS SIGNED BY SURVEYOR PARCEL #4PE SLOPE ESMT ESTATES AT CREEKSI DE 1,935SF DOCUMENTS SIGNED BY SURVEYOR PARCEL#5 PE SIDEWALK ESMT CAMPELL/WYLIE PARTNERS 10,041SF DOCUMENTS SIGNED BY SURVEYOR ROW PARCEL#6 ROW DEDICATION ROBERTV. THURMONDJR. 203,210SF DOCUMENTS SIGNED BY SURVEYOR PARCEL#6 PE1 DRAINAGE ESMT ROBERTV. THURMONDJR. 8,439 SF DOCUMENTS SIGNED BY SURVEYOR PARCEL #6PE2 DRAINAGE ESMT ROBERTV.THURMONDJR. 28,680SF DOCUMENTS SIGNED BY SURVEYOR PARCEL #6PE3 DRAINAGE & ROADWAY ESMT ROBERTV.THURMONDJR. 74,626SF DOCUMENTS SIGNED BY SURVEYOR PARCEL#6 PE4 SLOPE ESMT ROBERTV. THURMONDJR. 3,351 SF DOCUMENTS SIGNED BY SURVEYOR ROW PARCEL #7 ROW DEDICATION PAMELA JOE THRONBURG 167,579 SF DOCUMENTS SIGNED BY SURVEYOR PARCEL #7 TE1 TEMP CONST ESMT PAMELA JOE THRONBURG 90,651 SF DOCUMENTS SIGNED BY SURVEYOR PARCEL #7 TE2 TEMP CONST ESMT PAMELA JOE THRONBURG 24,699 SF DOCUMENTS SIGNED BY SURVEYOR PARCEL #7 TE3 TEMP CONST ESMT PAMELA JOE THRONBURG 1,092,000 SF DOCUMENTS SIGNED BY SURVEYOR ROW PARCEL #8 ROW DEDICATION LEONARD ODELL BREWER 25,479 SF DOCUMENTS SIGNED BY SURVEYOR z ROW PARCEL #7 Q W PARCEL #8 TE1 MCMILLEN FARMS VOLUME IT, PAGE 621 P.R,C.C.T. LEONARD ODELL BREWER C.C.F.N. 930042366 R.P.R.C.C.T. 0 0 zL ZL -77 Rev. Date Description App. PARCEL#13 TE TEMP CONST ESMT BULLOCK FAMILY LIVING TRUST 13,903SF I DOCUMENTS SIGNED BY SURVEYOR ROW PARCEL #9 77 j — / PARCEL #8 _PARCEL #11 PE1 TE2 PARCEL #12 TE _ PARCEL #13 TE I I PARCEL #11 PE -/ �- PARCEL #8 PE I ( STEVEN M. DEBRA BULLOCK AND ( K. BULLOCK BUL.LOCI�� LIVING 1AMILY TRUST I PARCEL #11 PE2 Designed By: AAA Job No.: 145700 Drawn By: JRS Date: JANUARY 2019 Checked By: BRA, Scale: T " 20'H (2,".'x34' 1" 100'(11"x17") Approved By: C.C.F.N. 930026198 R.P.R.C.C.T. V. 4412, PG. 1488 D.R.C.C.T. JOEL JORDAN & KAREN B. JORDAN COUNTY CLERK'S FILE NO. 93-0023518 R.P.R.C.C.T. KATHERYN SKINNER DOC. No. 20070514000648930 R.P.R.C.C.T. FURTHER DESCRIBED IN VOLUME 555, PAGE 68 D.R.C.C.T. ROW PARCEL # 10 LEONARD ODELL BREWER C.C.F.N. 93-0042366 R.P.R.C.C.T. II WYLIE UNITED METHODIST CHURCH VOLUME 4386, PAGE 2560 D.R_C.C.T. 1 1L _ C _ :1 ROW PARCEL r--%-7 -/71 SLOPE EASEMENT -- -- -- -- --- - r-77 1 - - -- - -- DRAINAGE EASEMENT -.-7 TEMPORARY CONSTRUCTION EASEMENT r1- `� � SIDEWALK EASEMENT �MATTHEW MURPHY & I GARY WILLIAMS & I (GLEN CHANCELLOR A 1 ( GARY WEBERG & PAT RICK JOJOLA L— -- AMANDA MURPHY SANDRA WILLIAMS CATHY CHANCELLOR BARBARA WEBERG & DIIIT BRA JOJOLA DRAINAGE & ROADWAY EASEMENT DOC. NO. ( V. 3914, PG. 308 1C.C.F.N. 96 0000067 C.C.F.N. 95-007261 1 V. 401 2, PG. 1 654 L--- J 20060802001092550 D.R.C.C.T. R.P.R.C.C.T. R.P.R.C.C.T. D.R.C.C.1. MARIO AGUILAR R.P.R.C.C.T. ( C.C.F.N. 95-0094762 R.P.R.C.C.T. W z i Q W ry m McMILLEN ROAD Sheet No: CITY OF WYLIE FROM McCREARY ROAD TO COUNTRY CLUB ROAD 949 HENSLEY LANE WYLIE, TEXAS 75098 RIGHT OF WAY & EASEMENT LOCATIONS of McMILLEN ROAD FROM McCREARY ROAD TO COUNTRY CLUB ROAD PARCEL No. 3 216 SOUTHFORK BOULEVARD J.W. MITCHELL SURVEY, ABSTRACT No. 589 EXHIBIT "A" Being a 0.002 acre tract of land situated in the J.W. Mitchell Survey, Abstract No. 589, City of Wylie, Collin County, Texas, said 0.002 acre tract of land being a portion of a 115.155 acre tract of land (by deed) deeded to Yes Companies, LLC as recorded in Document No. 20080205000141500 of the Deed Records of Collin County, Texas, said 0.002 acre tract of land being more particularly described by metes and bounds as follows: COMMENCING at a 518 inch iron rod with cap stamped "Bury Partners" found for the southwest corner of Lot 1, Block A of Garnet Hill Addition, an addition to the City of Wylie, Collin County, Texas as recorded in County Cleric's File No. 2070531010001880 of the Map Records of Collin County, Texas, said 5/8 inch iron rod with cap stamped "Bury Partners" being in the east line of a right-of-way dedication as recorded in Volume N, Page 893 of said Map Records of Collin County, Texas, said 5/8 inch iron rod with cap stamped "Bury Partners" also being in the existing east right-of-way line of McCreary Road (a variable width right-of-way), from which a 5/8 inch iron rod with cap stamped "Bury Partners" found for the southeast corner of said Lot 1 bears South 89 degrees 55 minutes 17 seconds East, a distance of 504.00 feet; THENCE South 00 degrees 05 minutes 16 seconds West, with the east line of said right-of-way dedication and with the existing east right-of-way line of said McCreary Road a distance of 512.41 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" found for the intersection of the existing east right-of-way line of said McCreary Road with the existing north right-of-way line of McMillen Road (a variable width right--of-way); THENCE a radial bearing of South 02 degrees 00 minutes 57 seconds East, a distance of 129.40 feet to the POINT OF BEGINNING of the herein described 0.002 acre tract of land, said point being the northwest corner of said 115.1.55 acre tract of land, said point also being the intersection of the existing south right-of-way line of said McMillen Road with the existing east right-of-way line of said McCreary Road, from which a 1-314 inch iron rod found for reference bears North 78 degrees 55 minutes 36 seconds West, a distance of 3.19 feet; THENCE North 89 degrees 53 minutes 08 seconds East, with the north line of said 115.155 acre tract of land and with the existing south right-of-way line of said McMillen Road, a distance of 13.07 feet to a R.O.W. marker set for the intersection of the proposed south right-of-way line of said McMillen Road with the existing south right-of-way line of said McMillen Road; THENCE South 45 degrees 04 minutes 08 seconds West, with the proposed south right-of-way line of said McMillen Road, a distance of 18.55 feet to a R.O.W. marker set for the intersection of the proposed south right-of-way line of said McMillen Road with the existing east right-of-way line of said McCreary Road, said R.O.W. marker being in the west line of said 115.155 acre tract of land; Exhibit A Page 1 of 2 THENCE North 00 degrees 15 minutes 08 seconds East, with the west line of said 115.155 acre tract of land and with the existing east right-of-way line of said McCreary Road, a distance of 13.07 feet to the POINT OF BEGINNING and containing 85 square feet or 0.002 acres of land, more or less. Notes: (1) A plat of even survey date herewith accompanies this legal description. (2) R.O.W. markers along proposed right-of-way line are a 5/8 inch iron rod set with blue cap stamped "GORRONDONA" unless otherwise noted. (3) All bearings and coordinates are referenced to the Texas Coordinate System, 1` AD-83, The North Central Zone 4202, all distances and areas shown are surface. (4) Surveyed on the ground November 2009. Date: March 31, 2014 Curtis Smith Registered Professional Land Surveyor No. 5494 Exhibit A Page 2 of 2 i� ARCS ARCS REMAINDER OF 66,2147 ACRES (BY DEED) THE SAAM TRUST VOLUME 4536, PAGE 2324 Lij :- I 00 0 Ln � S v S Qa n SET R.O.W.0 c a m MARKER J Q ,: )( — J1wr I Lij w m — Q 0 0' SET R.C.W. ti MARKER d "A" i DETAIL --- — _ NOT TO SCALE Ln ar LOT f, BLOCK A CARNET HILL ADDJTTION C.C.F. No. 2070531010001880 M.R.0 C.T. { S 89'55''17"aE 504,00' I END 5/8®IR W/CAP P. 0. C. STAMPED "BURY PARTNERS'" tSTAMPED D 5/B" IR W/CAP "`BURY PARTNERS" * d1 so j 0. * ` � 25.tCRREMAI NDER BOFDEED CREEKSIDE DEVELOPMENT„ INC. FNO 5/8,"IR W/CAP DOC. No. 20121731001666860 STAMPED "OORRONDONAiP.R.C.C.T. EXISTING RIGHT-OF-WAY BETSY LANE r rO 6c® McMILLEN ROAD (A 1 10.0' RIGHT —OF—WAY) > �8 ^ � (A VARIABLE WIDTH RIGHT CIF WAYS EXISTING it 50 i 100 SCALELn ox NOTES 1. A LEGAL DESCRIPTION OF EVENT DATE ACCOMPANIES THIS PLAT, 2. ROW MARKERS ALONG PROPOSED RIGHT-OF—WAY LINE ARE A 5/8" IRON ROD SET WITH BLUE CAP STAMPED "GORRONDONA" UNLESS OTHERWISE NOTED. 3. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM, NAD-83, THE NORTH CENTRAL ZONE 4202, ALL DISTANCES AND, AREAS SHOWN ARE SURFACE 4. SURVEYED ON THE GROUND-NOVEMBER 2009 ACQUISITION AREA � YES COMPANIES, LILIC Wt. No.;,0NrM20,,1#IF 1 0.002 ACRES YN.1 ACQUISITION LOCATION 11 SUBJECT TRACT & LOCATION OF ACQUISITION C-lulz of Wwie OF ��00 COUNTRY CLUB -! !_ EXHIBIT SHOWING q°qM RIGHT— * h • !UT . O F A OF D SITUATED IN THE CITY OF RECORDEDAS DEED RECORDS OF fCOUNTY, *RDjECT: McMILLEN ROAD FROM McCREARY ROAD TO COUNTRY CLUB ROAD 0 RE FEET OR O.OG2 ACRES ==0V==M=[�_DRAWN BY� JPH CAD nL�03 ROW.DWG SWIll .,. ..< . . .. ...,.. ...... . .. ..�. . r.,,..3 w�..,a .. ,. ,,... �..�i., .. .. .._ .>� •,.. Jug.,•, . t 4 r McMILLEN ROAD FROM McCREARY ROAD TO COUNTRY CLUB ROAD PARCEL No. 4 PE McMILLEN ROAD LOT 63, BLOCK E, CREEKSIDE ESTATES, PHASE I EXHIBIT "A" Being a permanent slope easement out of Lot 63 (Common Area), Block E of Creekside Estates, Phase I, an addition to the City of Wylie, Collin County, Texas as recorded in Volume N, Page 893 of the Map Records of Collin County, Texas, said Lot 63 being deeded to Estates at Creekside Owners Association, Inc. as recorded in Volume 5294, Page 316 of the Deed Records of Collin County, Texas, said pennanent slope easement being more particularly described by metes and bounds as follows: BEGINNING at a R.O.W. marker set for corner in the proposed north right-of-way line of McMillen Road (a variable width right-of-way), said R.D.W. marker being in the west line of said Lot 63, said R.O.W. marker being in existing north right-of-way line of said McMillen Road, from which a 5/8 inch iron rod found for the southeast corner of Fire Station No. 4 Addition, an addition to the City of Wylie, Collin County, Texas as recorded in Volume 2013, Page 439 of said Map Records of Collin County, Texas, bears South 00 degrees 09 minutes 22 seconds West, a distance of 61.30 feet; THENCE North 00 degrees 09 minutes 22 seconds East, with the west line of said Lot 63 and with the existing north right-of-way line of said McMillen Road, passing at a distance of 0,50 feet, a 5/8 inch iron rod with cap stamped "RPLS 5686" found for the southeast corner of Lot 1, Block 1 of said Fire Station No. 4 Addition, in all, a distance of 6.00 feet to a point for corner in the east line of said Lot 1; THENCE North 89 degrees 53 minutes 06 seconds East, a distance of 325.51 feet to a point for corner in the west line of an existing 20.0' x 20.0' Sight and Utility Easement as recorded in Volume N, Page 893 of said Map Records of Collin County, Texas; THENCE South 44 degrees 46 minutes 52 seconds West, with the west line of said existing 20.0' x 20.0' Sight and Utility Easement, a distance of 8.47 feet to a point for corner in the proposed north right-of-way line of said McMillen Road; THENCE South 89 degrees 53 minutes 06 seconds West, with the proposed north right-of-way line of said McMillen Road, a distance of 319.56 feet to the POINT OF BEGINNING and containing 1,935 square feet or 0.044 acres of land, more or less. Exhibit A Page 1 of 2 sm (r) f\plat of even survey date herewith accompanies this legal description. ~' R.O.W. markers along proposed right-of-way line are a 5/8 inch iron rod set with blue cap stamped "GORRONDONA" unless otherwise noted. /�}. `_' are referencedThe -�__ __° North-_--___ Central__-_ ,___, all distances__-_ and _areas _ shown are ~ ' ' /4\ `w Surveyed -- the ground November ---^� Date- March 3 Curtis Smith� Registered Professional Land Surveyor^ ' No. 5494 LINi as WL— BEAT PARCEL No. d I LOT 59 � L I G 30,0' PERMANENT , (A 0.0' RIGHT—OF-WAY) 4 I GRADING AND DRAINAGE EASEMENT ® � VOLUME 2013, PAGE 439 —___________ ____- I P.R.C.C.T, r j 4$ LOT r ° I LOT 62 QJd 1d LOT 61 I I 10,0' UTILITY EASEMENTCC E� 10.0' UTILITY EASEMENT / 1 I VOLUME N, PAGE 893 ' SC gzzI u C4 VOLUME N. PAGE 893 , d d M.R:C.C.T. i I M,R.C.C.T. dcn t7 dd� j 10.II' UTILITY EASEMENT !d Q C4 VEREZON ESMT. I d � r y �a 1 BLOCK VOLUME N, PAGE 893 m d.R.C.C.T. W� Gz1 VOLUME N, PAGE 893 Jf r I M.R.C.C.T. CREEKS"IDE ESTATES", PHASE I ' `7 - y�ry+q — PASSING AT 0.50 VOLUME G s 2O 0' X 20.0' d e ? 4 7 , €/2"IR W/CAP STAMPER I T. R. C. u� SIGHT AND UTIE9TY EASEMENT l I I RPLS 5586'" FND P d 1 •. 1 voLUME N, PAGE 893 I I d I I I NLR.C.C.T. ' w IN 89'53'06"E i 25.51 " - 1 END 5/8"IR' �jl.�k3(iT:1ILTa f' M CM LLE KUAU (A VARIABLE WIDTH RIGN7—OF—WAY), 17'A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT: 2. ROW MARKERS. ALONG PROPOSED RIGHT-OF—WAY LINE ARE A 5/8- IRON ROD SET WITH BLUE CAP STAMPED 'GORRONDONA" UNLESS OTHERWISE NOTED. 3. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM„ NAD-83,'THE NORTH CENTRAL ZONE 4202, ALL DISTANCES AND AREAS SHOWN ARE SURFACE 4. SURVEYED ON THE GROUND NOVEMBER 2009, LOT 63 COMMON AREA ESTATES AT r OWNERS ASSOCIATION, VOLUME 0 30 0 60 6661 SCALE IN FEET C-1--iry of - c7 5...,ITi F YLIE: 300 COUNTRY CLUB ROAD WYLIE, TEXAS 75098 EXHIBIT SHOWING a A `C _ PERMANENT SLOPE EASEMENT LOT OF Ei ,�T8LOCK E %9 A OF ✓ < CREEKSIDE ESTATES, PHASE I AN ADDITION TO THE l F T I S l I 'f )} CITYOF WYLIE, COLLIN COUNTY, TEXAS AS RECORDED IN "3 �„ g� VOLUME N, PACE 593 r MAP RECORDS, COLLIN COUNTY, TEXAS PROD CT: McMILLEN ROAD FROM McCREARY ROAD TO COUNTRY CLUB ROAD ACQUISITION AREA:. 1,935 SQUARE FEET OR 0,044 ACRES CURT JOB No. 0903-3568 DRAWN BY: JPH CAD FILE: t 4 SLOPEREGISTERED D G EGISTIS SMITH RERED PROFESSIONAL LAND SURVEYOR DATE: MARCH 31'" 2014 EXHIBIT 8 PAGE I OF '1 1 SCALE: 1 60' NO 5494 TEXAS FIRM No. 10106900 GORRONDONA & ASSOCIATES, INC. . 7524 JACK NEWELL BOULEVARD SOUTH FORT WORTH, TX, 76118 . 817-496-1424 FAX 817-496-1768 McMILLEN ROAD FROM McCREARY ROAD TO COUNTRY CLUB ROAD PARCEL No. 4 McMILLEN ROAD LOT 63, BLOCK E, CREEKSIDE ESTATES, PHASE I EXHIBIT "A" Being a 0.040 acre tract of land out of Lot 63 (Common Area), Block E of Creekside Estates, Phase I, an addition to the City of Wylie, Collin County, Texas as recorded in Volume N, Page 893 of the Map Records of Collin County, Texas, said Lot 63 being deeded to Estates at Creekside Owners Association, Inc. as recorded in Volume 5294, Page 316 of the Deed Records of Collin County, Texas, said 0.040 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at a point for the southwest corner of said Lot 63, said point being in existing north right-of-way line of McMillen Road (a variable width right-of-way), from which a 518 inch iron rod found for the southeast corner of Fire Station No. 4 Addition, an addition to the City of Wylie, Collin County, Texas as recorded in Volume 2013, Page 439 of said Map Records of Collin County, Texas bears South 00 degrees 09 minutes 22 seconds West, a distance of 59.26 feet and from which a 1/2 inch iron rod with cap stamped "RPLS 4560" found reference bears North 73 degrees 07 minutes 24 seconds East, a distance of 0.55 feet; THENCE North 00 degrees 09 minutes 22 seconds East, with the west line of said Lot 63 and with the existing north right-of-way line of said McMillen Road, a distance of 2.04 feet to a R.O.W. marker set for comer in the proposed north right-of-way line of said McMillen Road, from which a 1/2 inch iron rod with cap stamped "RPLS 5686" found for the southeast corner of Lot 1, Block 1 of said Fire Station No. 4 Additon bears North 00 degrees 09 minutes 22 seconds East, a distance of 0.50 feet, said 1/2 inch iron rod with cap stamped "RPLS 5686" being in the west line of said Lot 63; THENCE North 89 degrees 53 minutes 06 seconds East, with the proposed north right-of-way line of said McMillen Road, a distance of 333.09 feet to a R.O.W. marker set for the intersection of the proposed north right-of-way line of said McMillen Road with the existing west right-of-way line of Lewis Road (a variable width right-of-way), said R.O.W. marker being in the east line of said Lot 63; THENCE South 00 degrees 13 minutes 08 seconds East, with the east line of said Lot 63 and with the existing west right-of-way line of said Lewis Road, a distance of 6.44 feet to a point for the intersection of the existing west right-of-way line of said Lewis Road with the existing north right-of-way line of said McMillen Road; THENCE South 89 degrees 46 minutes 52 seconds West, with the south line of said Lot 63 and with the existing north right -of ---way line of said McMillen Road, a distance of 133.50 feet to a point for comer; Exhibit A Page 1 of 2 THENCE North 88 degrees 47 minutes 02 seconds West, with the south line of said Lot 63 and with the existing north right-of-way line of said McMillen Road, a distance of 199.67 feet to the POINT OF BEGINNIING and containing 1,745 square feet or 0.040 acres of land, more or less. Notes: (1) A plat of even survey date herewith accompanies this legal description. (2) R.O.W. markers along proposed right-of-way line are a 5/8 inch iron rod set with blue cap stamped "GORRONDONA" unless otherwise noted. (3) All bearings and coordinates are referenced to the Texas Coordinate System, NAD-83, The North Central Zone 4202, all distances and areas shown are surface. (4) Surveyed on the ground November 2009. Date: March 31, 2014 Curtis Smith Registered Professional Land Surveyor No. 5494 Exhibit A Page 2 of 2 EXHIBIT'a 77 PARCEL No. 4 CHARLES LOT 59 I 30.0 PERMANENT S (A 50.( RIGHT-OF-WAY) < I GRADING AND DRAINAGE — — 3: I EASEMENT ' ` r l VOLUME 2013, PAGE 439 I r------------ — — — — - i 0 I cl)f P,R.C.C.T. I I I I I f E, E Id 1 LET 61 I I 100 UTILITY EASEMENTI 10 0' UTILITY EASEMENT f d —*F! i VOLUME N, PACE 893 .n Q toM.R,C.C.T. VOLUME N, PAGE 893 — - ,,,,d' /d I I M:R.C.C.T. d i q dd d I 10.0' UTILITY EASEMENT60 dd q C4 �I VERIZON ESMT, d d y y�-t+ y a I d BLOCK VOLUME N, PAGE 893 i M.R.C.C.T. VOLUME N, PAGE 893 Gas I f�LLJ M.R.C.C.7. .Cr .rl 1 Lr S TES, , �j �p �v �H� a.G d *1 ( p��ry p � �v g� �r �r --- VOL r PAG893 EAND II d I I , FND 1/2"IR W/CAP l C. C. UTILITY EASEMENT I STAMPED "RPLS 568€a" BEARS P / M.R.lL..lr.T. i ! VOLUME N, PAGE 89 I N 00`0922"E 0 50' d d PROPOSED I 1 M.R.C.C.T. SET R.O.W. MARKER -- I I , w d f RIGHT—OF—WAY r I N 89�Ei3 � E I I 333.Q9" Isf SET R,O.W. MARKER EXISTING RIGHT —CIF —WAY L-1 F d ... ...... ..,...:::.. L— N 88"47'02'V 199,67, S 89*45'5 "W 133. 0, EXISTING FND 1 /2"IR W/CAP RIGHT—OF—WAY P. . c STAMPED "RPLS 4560'° BEARS N 73'07'24"E 0.55` RIGHT -OF-WAY LOT 63 ACQUISITION AREA Ln FND 5/8"Ifs + 1,745 SO. FT. OR "I'VIVI]VUIN AM`EA 0.040 ACRES ESTATES AT CREEKSIDE OWNERS ASSOCIATION, INC. VOLUME 5294, DACE 316 D.R.,C.T. McMILLEN ROAD (A VARIABLE WIDTH RIGHT ICF-WAY) ' NOTES. 1, A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT,. 2. ROW MARKERS ALONG PROPOSED RIGHT-OF—WAY LINE ARE A 5/8" IRON ROD SET WITH BLUE CAP STAMPED '"GORRONDONA" UNLESS OTHERWISE NOTED. 3. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE' SYSTEM, NAD-83, THE NORTH CENTRAL ZONE 4202, ALL DISTANCES AND AREAS SHOWN ARE SURFACE 4. SURVEYED ON THE GROUND NOVEMBER 2009 0 30 0 60 SCALE IN FEET it,vz --�f '. ��bo COUNTRY CLUB ROAD - WYLIE, TEXAS 75098 RIGHT-OF-�* ACQUISITION OUT OF OF CREEKSIDE ESTATES, PHASE I AN ADDITION TO THE OF WYLIE, COLLIN COUNTY, RECORDEDAS VOLUME N, PAGE 893 MAP R8t:bADS, COLLIN COUNTY,TEXAS ASSOCIATES, INC. • 3 ROAD � G CURTIS SMITH 4 ROW.OW REGISTERED PROFESSIONAL LAND SURVEYOR 60' NO, 5494 TEXAS FIRM No10106900 T WORTH, TX, 76118 • 817-496-1424 FAX 817-496-1768 McMILLLN ROAD FROM McCREARY ROAD TO COUNTRY CLUB ROAD PARCEL No. S PE 1420 LEWISRIV LOT 33R, BLOCK B, C + EI IDE ESTATES, PHASE I EXI-HBIT "A" Being a permanent sidewalk easement out of Lot 33R, Bloch B of Creekside Estates, Phase IX, an addition to the City of Wylie, Collin County, Texas asrecorded in Document No. 2017-434 of the Map Records of Collin County, Texas, said Lot 31R being deeded to Estates at reeleside Owners Association, Inc. as recorded in Document No. 2017071 0009 9070 of the Official Public Records of Collin County; Texas, said permanent sidewalk easement being more particularly described by metes and bounds as follows: BEGINNING at a point for the southwest corner of said Lot 33R, said point being the intersection of the north right-of-way line of McMillen Road. (a variable widthh right-of-way) with the east right-of-way lime of Lewis Road (avariable width right-of-way); THENCE North 00 degrees 13 minutes 01 seconds West, with the west line of said Lot 33R and with the east right-of-way line of said Lewis Road, a distance of 7.95 feet to a paint for coiner, from which a 112 inch iron: rod with carp stamped "RPLS 4415" found for the northwest corner of said Lot 33R bears North 00 degrees 13 minutes 01 seconds West, a distance of 137.05 feet, said 112 inch iron rod with cap stamped "RPLS, 4415" being the intersection of the cast right=of way line of said Lewis Road with the south right-of-way line of Charles Drive (a 50' right-of-way); THENCE South'45 degrees 10 minutes 01 seconds fast, a distance of 4.16 feet to a point for comer; THE NCE North 89 degrees 46 minutes 59 seconds Fast, a distance of 461.40 feet to a point for corner; THENCE South 89 degrees 57 minutes 1 I seconds East, a distance of 110.82 feet to a point for corner; THE NCE North 00 degrees 13 minutes 35 seconds Nest, a distance of 1. 0.00 feet to a point for corner; THENCE South 89 degrees 57 minutes 1 I seconds East, a distance of 371,04 feet to a point for comer THENCE South 00 degrees 02 minutes 49 seconds West, a distance of 10,00 feet to a point for corner; Exhibit A Page 1 of 2 THENCE South 89 degrees 57 minutes 1 1. seconds East, a distance of 319.80 feet to a point for comer in the cast line of said. Lot 33R, said point being in the west tine of a 112.18 acre tract of land (by deed) deeded to Pamela Joe Thron urg as recorded in Document No. 20100416000373400 of said Official Public Records of Collin County, Texas; HENCE South 00 degrees 32 minutes 13 seconds Last, with the cast line of said Lot 33R and with the west line of said 11118 acre tract of land, a distance of 5.00 feet to a print for the southeast corner of said Lot 33R, said point being the northeast comer oft e existing right-of-way of said Me.Millen Road, from which a 1f2 inch iron rod found for the most westerly southwest corner of said 112.18 acre tract of land bears South 00 degrees 32 minutes 13 seconds fast, a distance of 55.00 feet, said 1/2 inch iron road being the southeast corner of the existing right-of-way Dine of said McMillen Road, said 1,/2 inch iron rod also being in the north line of a 39.58 acre tract of land (by deed) deeded to Robert Vance Thurmond, Jr. as recorded in Document 1`"+lo. 98- 0004942 of the Deed Records of Collin County, Texas and being further- described in Volume 1015, Page 46 of said Deed Records of Collin County, Texas; T14ENC E North 89 degrees 57 minutes 1`1 seconds ''Nest, with the south line of said Lot 33R and with the north right-of-way line of said. McMillen road., a distance of 800.65 feet to a point for cornet; THENCE 'South 89 degrees 46 minutes 59 seconds West, with the south lime of said: Tot 33R and with the north right-of-way line of said McMillen Road, a. distance of 464.33 feet to the POINT OF BEGINNING and containing 10,041 square feet o • 0.231 acres of land, more or less. Notes: s; 1) A plat of even survey date herewith accompanies this legal description, 2) R.O.W. markers along proposed right-of-way line are a 5/8 inch iron, rod set with blue cap stamped "GORR. C1NA" unless otherwise noted. �3) All bearings and coordinates are referenced to the Texas Mate :plane Coordinate System, 11 -83, The North Central Zone 4202, all distances and areas shown are surface. (4) Surveyed on the ground November 2009. Date: December 20, 2018 F sr w URTIS SMITH Curtis Smith 5494#k� Registered Professional Land Surveyor r 1 o. 5494 Exhibit A Fags 2 of 2 EXHIBIT 99B 19 PARCEL No. 5 PE < 0 END 1/2"IR W/ CAP CHARLES DRIVE CHARLES CT. cc: STAMPED Ri 4415 Li (A 50.0' IRIGHT-OF-WAY) 3 LOT LT 3 LOT 29 LOT 28 LOT BLOCK B LOT uj 2 0-0 1 BLOCK E LOT 63 -j to CREEKSIDB ESTATES, IIM PERMANENT SIDEWALK PHASE IX CREEKSIDE ESTATES, PHASE I DOCUMENT NOI 2017-299 VOLUME N. PACE 893 I I EMENT AREA M.R.C.C.T. 10.041 SO. FT. OR T 51 LOT 62 i 0.231 ACRES - ---- -------------------- N 139-46r59E 461.40 EXISTING RIGHT-OF-WAY IS 89'46'59"W 41 P. 0. B. 'LEXISTING RIGHT-OF-WAY LOT 33R LIJ SEE DETAIL A ESTATES AT CREEKSIDE BOCKH McMILLEN ROAD OWNERS ASSOCIATION, INC. CREENSILDE RS7A7ES, z (A VARIABLE WIDTH RIGHT-OF-WAY) DOC. No. 20170712000909070 PHASE IX DOCUMENT NOI, 20111-434 O.P.R.C.C.T. EXISTING RIGHT-OF-WAY u EXISTING RIGJ-OF-WAY LOT 2X BLOCK C LOT IX SAGE CREEK NORTH BLOCK 0 SAGE CREEK NORTH VOLUME 0, PACE 56 M. R, C. C. T. GriLUME IT, PAGE 56 M.R.0C.T. 461 40"-. .......... ....... 46433' t 100 0 100 A SCALE IN FEET 0 5 (NOT TODETAIL SCALE) NOTES; 1, A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT. 2. ROW MARKERS ALONG PROPOSED RIGHT-OF-WAY LINE ARE A 5/8" IRON ROD SET WITH BLUE CAP STAMPED 'GORRONDOI UNLESS OTHERWISE NOTED. 1 ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, III THE NORTH CENTRAL ZONE 4202, ALL DISTANCES AND AREAS SHOWN ARE SURFACE 14, SURVEYED ON THE GROUND NOVEMBER 2009. 1 City of"wylie QTAO!WYEIE 300 COUNTRY CLUB ROAD - WYLIE, TEXAS 75095 EXHIBIT SHOWING OF' A PERMANENT SIDEWALK EASEMENT OUT OF �' S—T`e;'+ LOT 33R, BLOCK 8 OF CREEKSIDE ESTATES, PHASE IX c TI . S IS , V I TH CITY OF WYLIE, COLLIN COUNTY, TEXAS ....... AS IN 54,94 DOCUMENTRECORDED NO. 2017-434 MAP RECORDS OF COLLIN COUNTY, TEXAS s � w PROJECT: MrMILLCN ROAD FROM McC�OEARY ROAD TO t0UNTRY CLU8 F w w CURTIS SMIJ ND URTIS SMITH DWG REGISTERED PROFESSIONAL LAND SURVEYOR 30« NO. 5494 TEXAS FIRMA No. 101 6900 ORRONDONA & ASSOCIATES, INC, 7524 JACK NEWELL BOULEVARD SOUTH FORT y EXHIBIT "B LOT 19R PARCEL No. 5 PE EATEDE LOT 18R DRIVE 112A8 ACRES (BY DEED) PAMELA JOE THRONBURG ! ( DOC, No, 201OD416000373400 1 BLOCK B 1 LOT 33RI O.P.R.C.C.T. b9Cll1 C EENSI E ESTA ES,NPHA1 , �i11 atl.NIX fC C.0,T. i— 34�115 V CI I 2SANITARYER EASEMENT DOC, No, 2017-299 A:R C C J.W. .Y« T LL SURVEY 41 LOT 17R 1 I 10I WATER EASEMENT 1 ti 1 DOC. Nei. 2017-299 ABSTRACT No. 589 LOT 33R'- I I i _ ESTATES AT CREEKSIDE I I I I OWNERS ASSOCIATION INC. N °'IN 00,65' EXISTING OOC. No. 2C 170712O00909070 'o RIGHT—OF-WAY O.P,R.C.C.T. McMILLE ROAD J (A VARIABLE WIDTH RIGHT—OF—WAY) FND t f2'1R EXISTING RIGHT—OF—WAY .� --- PERMANENT SIDEWALK ----------------------- EASEMENT AREA _ --— 1Q,041 SO. FT. OR '----------�--- -- 0.231 ACRES �` 9,58 ACMES (BY (TEED} ROBERT VANCE THURMOND, M. DOCUMENT No. 98-0004942' i Ii.R,C,C.T, VOLUME 1015, PAGE 46'e D.R•O.G.T, a � * LINE TABLE LINE BEARING DISTANCE L-6 S ' 7'11"E 1 .BC1" L-7 S QJ` 2' 1 YE 5.00' L-B S C'Et' 2'13'E 55,00' NOTES: 1. A, LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT, 1 ROW MARKERS ALONG PROPOSED RIGHT—OF—WAY LINE ARE A 5(8" IRON ROD SET SMITH BLUE CAP STAMPED "GORRONDONA" UNLESS OTHERWISE NOTED, 100 50 0 100 3. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS STATE PLANE I COOROINATE SYSTEM, NAD-=83, THE NORTH CENTRAL ZONE 4202, ALL DISTANCES AND AREAS SHOWN ARE 'SURFACE P IN FEET 4. SURVEYED ON THE GROUND NOVEMBER 2009, City Of, wylime CfMOF "yj, 300 COUNTRY CLUB ROAD . rh LIE, TEXAS 75098 ` EXHIBIT 'SHOWING F PERMANENT SIDEWALK EASEMENT 4 OUT OF % 5 LOT 3 R, BLOCK B un OF aN.. CREEKSIDE ESTATES, PHASE 11t C LI 1°ISMff CITY OF WYLIE, COLLIN, COUNTY, TEXAS , AS RECORDED iN N- 5494 DOCUMENT NO. 2017-434 ' MAP RECORDS OF COLLIN COUNTY, TEXAS PROJECT: McMILLEN ROAD FROM MCCREARY ROAD TO COUNTRY CLUB ROAD ACQUISITION AREA: 10,041 SQUARE FEET OR 0.231 ACRES CURTIS SMITH I JOB No. 0903-3568 DRAWN BY: RCS AlCFILE: i5 PE.DWG REGISTERED PROFESSIONAL LAND SURVEYOR DATE: DECEMBRE 20, 2018 EXHIBIT B PAGE 3 OF 3 SCALE, 1" = 100`- NO. 5494 . TEXAS FIRM No. 10106900 iGORRONDONA & ASSOCIATES, INC. + -7524 ,LACK NEWELL BOULEVARD SOUTH FORT WORTH. TX. 76118 17-496-1424 FAX 817— 96-1768 c i MeMILLEN ROAD P'ItOM McCREARY ROAD TO COUNTRY CLUB ROAD PARCEL No. 6 PE PART I McMILLE N ROAD EXHIBIT "A" Being a permanent drainage easement situated in the J. W. Mitchell Survey, Abstract' o, 589, City of 'Wylie, Collin County, Texas, said permanent drainage easementbeing a portion of a 39.58 acre tract of land by deed) deeded to Robert Vance Thurmond, Jr., as recorded in County Clerk Bile No. 9 -0004 42 of the Deed Records of Collin County, 'Texas and being more fully described in Volume 1015, Page 46 of the Deed. Records of Collin County, Texas, said perrrranent drainage easement being more particularly described by metes and bounds as follows. COMMENCING ING at a 1/2 inch iron rod found for the northwest corner of said 39.58 acre tract of land, said 1/2 inch iron rod being the northeast corner of a 0.4562 acre tract of land by deed) deeded to Robert Vance Thurmond, Jr. as recorded in Document No. 20111020001125050 of the Real Property Records of Collin County, Texas, said 1/2 inch iron rod being in the south line of a 21,355 acre tract of land (by deed) deeded to Creel side Development Inc.- as recorded in Document No. 20121231001666860 of said Deal Property Records of Collin County, Texas, said 1/2 inch iron rod being in McMillen Road (an undedicated right-of-way); THENCE South'89 degrees 57 minutes 11 seconds East, with the north line of said 39.58 acre tract of land, with the south line of said 21.355 acre tract of land, and with. said McMillen Road, a distance of728.84 to a R.O.W. marker set for corner in the proposed northeasterly right-of-way line of said McMillen Road, said R.O.W. marker being the beginning of a non -tangent curve to the right having a radius of 1,200,00 feet, a central angle of 12 degrees 55 minutes 28 seconds and whose chard bears South 64 degrees`08 minutes 41 seconds East, a distance of 270.11`feet, from which a 1/2 iron rod found for the southeast corner of said 21.355 acre tract of land: bears South 89 degrees '57 minutes 11 seconds East, a distance of 72.30 feet, said 1/2 inch iron- rod fecund being the southwest corner of a 112.18' acre tract of land (by deed) deeded to Pamela Joe Thronburg` as recorded in Document No. 20100416000373400 of said Real Property Records of Collin County, Texas; THENCE with the proposed northeasterly right-of-way line of said McMillen Load and with said non -tangent curve to the right, an arc length of 270.69 feet to a R,C1. . marker set for corner; THENCE South 57 degrees 40 minutes 57 seconds East, with the proposed northeasterly right-of-way line of said McMillen load, passing at a. distance of 242.87 feet, a R,OW, Marker set for reference, in all, a distance of 292.87 feet to a point for corner in a southeasterly line of said. 39.58 acre tract of land; THENCE South 43 degrees 57 minutes 36-seconds West, with a southeasterly line of said 39.58 acre tract of land, a distance of 6.09 feet to a point, for corner, THENCE South 1.4 degrees 22 minutes 36 seconds West, with a southeasterly line of said. 39.58 acre tract of land, a distance of 246.00 feet to the POINT OF BEGINNING of the Herein described permanent drainage easement, said point being in the proposed southwesterly right-of- way lure of said McMillen Road; Exhibit A Page 1 of THENCE South 14 degrees 22 minutes 36 seconds West, with a southeasterly line of said 39.58 acre tract of land, a distance of 124.00 feet to a point for an angle point in the southeasterly line of said 3.58 acre tract of land, THE NCE North 45 degrees 29 minutes 45 seconds West, a distance of 63 A4 feet to a point for coiner; THENCE North 14 degrees 22 minutes 36 seconds East, a distance of 53,61 feet to a point for corner; THENCE North 27 degrees 40 minutes 57 seconds West, a distance of 107.15 feet to a point for corner in the proposed southwesterly right-of-way line of said McMillen Road; THE N E South 57 degrees 40 minutes 57 seconds East, with the proposed southwesterly right- of-way line of said McMillen Road, passing at a, distance of `83.12 feet, a R.O.W. Marker set for reference, in all, a distance of 133,12 feet to the POINT O BEGINNINGand containing 8,439 square feet or t1.1 4 acres of land, more of less. Notes; (1) A plat of event survey date herewith accompanies this legal description. (2) R,O.W, markers along proposed right-of-way line are a 5/8 inch iron rod set with blue cap stamped "GCS i31"1T: ONO" unless otherwise noted. () All bearings and coordinates are referenced to the Teas Mate Plane Coordinate System, AD-83, The North Central Zone 4202, all distances and areas shown are surface. (4) Surveyed on the ground November 2009. Date: December 20, 2018 Curtis Smith Registered Professional Eared Surveyor ',, sr°, No.5494 CURTIS SMITH d sso° ° C SURD Exhibit A rage 2 of EXB7BIT sar N ♦ i' ds i i s. Cuts !ABLE !M �• m is 1 ® ia# .� L iCATION PARCEL No. 6 PE PART APPROXIMATE LOCATION N 20 SANITARY SEWER EASEMENT VOLUME 255, PACE 55, D.R,C.C,T, '. SUBJECT TRACT & � LOCATION OF ACQUISITION '1 � ' «� � 15' CGSERv EASEMENT o VOLUME 4988, PAGE 181 PROPOSED�aaa e 4, ' 0 RIGHT—OF—WAY 3 i PASSING AT 242,$7' A SET ♦ ` A R,O^ MARKER ' 112.18 ACRES (BY GEED) b q PAMELA JOE THRONBURG 7 DOC, Nos 2010G4C60003734G01 'i c s 46' srlp PROPOSED%1y 1 ` RIGHT-4F—WAY 4 4 PASSING AT ik 83,12' A SET R.O,Ytl, MARKER �r C+3 eI I r I M '"•' I�f,a, i i i ii .i ,. i ..i.i _ i ,_ a i •ir -41 i "i r i ii•. , I'I i II i N i * i N � N N 'N 4NN�•� PROJECT: McMILLEN ROAD FROM McCREARY �ROAg TO COUNTRY' CLUB ROAD McMILLEN ROAD FROM McCREARY ROAD TO COUNTRY CLUB ROAD PARCEL No. 6 PE PART 2 McMILLEN ROAD J.W. MITCHELL SURVEY, ABSTRACT No. 589 Being a permanent drainage easement situated in the J. W. Mitchell Survey, Abstract No. 589, City of Wylie, Collin County, Texas, said permanent drainage easement being a portion of a 39.58 acre tract of land (by deed) deeded to Robert Vance Thurmond, Jr., as recorded in County Clerk rile No. 98-0004942 of the Deed Records of Collin County, Texas and being more fully described in Volume 1015, Page 46 of said Deed Records of Collin County, Texas, said permanent drainage easement being more particularly described by metes and bounds as follows: COMMENCING at a 112 inch iron rod found in the north line of said 39.58 acre tract of land, said 112 inch iron rod being the southeast corner of a 21.355 acre tract of land (by deed) deeded to Creekside Development, Inc. as recorded in Document No. 20121231001666860 of the Real Property Records of Collin County, Texas, said 112 inch iron rod being the southwest corner of a 112.18 acre tract of land (by deed) deeded to Pamela Joe Thronburg as recorded in Document No. 20100416000373400 of said Real Property Records of Collin County, Texas, said 112 inch iron rod found also being in McMillen Road (an undedicated right-of-way); THENCE North 89 degrees 57 minutes 11 seconds West, with the north line of said 39.58 acre tract of land, with the south line of said 21.355 acre tract of land and with said McMillen Road, a distance of 72.30 feet to a R.O.W. marker set for corner in the proposed north right-of-way line of McMillen Road; THENCE North 89 degrees 57 minutes 11 seconds West, with the north line of said 39.58 acre tract of land, with the south line of said 21.355 acre tract of land and with said McMillen Road, a distance of 728.84 to a 112 inch iron rod found for the northwest corner of said 39.58 acre tract of land, said 112 inch iron rod being the northeast corner of a 0.4562 acre tract of land (by deed) deeded to Robert Vance Thurmond, Jr. as recorded in Document No. 20111020001125050 of said Real Property Records of Collin County, Texas; THENCE South 01 degree 01 minute 39 seconds East, with the west line of said 39.58 acre tract of land and with the east line of said 0.4562 acre tract of land, a distance of 50.00 feet to a point for corner in the proposed south right-of-way line of said McMillen Road; THENCE South 89 degrees 57 minutes 11 seconds East, with the proposed south right -of --way line of said McMillen Road, a distance of 63.48 feet to a R.O.W. Marker set for corner; THENCE South 88 degrees 09 minutes 46 seconds East, with the proposed south right-of-way line of said McMillen Road, a distance of 97.04 feet to a R.O.W. Marker set for the beginning of a curve to the right having a radius of 1,000.00 feet, a central angle of 12 degrees 26 minutes 05 seconds and whose chord bears South 81 degrees 56 minutes 44 seconds East, a distance of 216.60 feet; THENCE with the proposed south right-of-way line of said McMillen Road and with said curve to the right, an are length of 217.02 feet to the POINT OF BEGINNING of the herein described permanent drainage easement, said point being the beginning of a curve to right having a radius of 1,000.00 feet, a central angle of 18 degrees 02 minutes 45 seconds and whose chord bears South 66 degrees 42 minutes 19 seconds East, a distance of 313.66 feet; Exhibit A Page 1 of 2 THENCE with the proposed south right-of-way line of said McMillen Road and with said curve to the right, an arc length of 314.96 feet to a R.O.W. Marker set for corner; THENCE South 57 degrees 40 minutes 57 seconds East, with the proposed south right-of-way line of said McMillen Road, a distance of 60.47 feet to a point for comer; THENCE North 87 degrees 40 minutes 57 seconds West, a distance of 345.24 feet to a point for comer; THENCE North 02 degrees 19 minutes 03 seconds East, a distance of 142.52 feet to the POINT OF BEGINNING and containing 28,680 square feet or 0.658 acres of land, more or less. Notes: (1) A plat of even survey date herewith accompanies this legal description. (2) R.O.W. markers along proposed right-of-way line are a 5/8 inch iron rod set with blue cap stamped "GORRONDONA" unless otherwise noted. (3) All bearings and coordinates are referenced to the Texas State Plane Coordinate System, NAD-83, The North Central Zone 4202, all distances and areas shown are surface. (4) Surveyed on the ground November 2009- Date: March 31, 2014 Curtis Smith Registered Professional Land Surveyor No. 5494 Exhibit A Page 2 of 2 FURMIT III, PARM No. 6 PE .. rrr rr . r r . a ..r r rr rr r ., .� .� REMAINDER ACRES CRElEXSIDt DEVELOPMENT, O 20121231001666860 .r ABSTRACT ;* PROPOSED APPROXIMATE LOCATION RIGHT-OF-WAY 20' SANITARY SEWER EASEMENT END 1 j2"IR VOLUME 3255, PAGE 55, D7 R.C.G.T, N 89'57' 1 1 "W 728.84" McMILLEN---------- (A VARIABLE WIDTH RIGHT—OF—WAY) --------- Mc ILLEN ROAD -- RIGHT— {AN UNDEDICATED RIGHT—OF—WAY) �_— — �__—_-----__—__e _ _E _—__ _----,—_may Lij EXISTING RIGHT—OF—WAY �__115' ------'SET (,',wLOT 2X, BLOCK 0 S M NGR R,0,W. MARKER POSED SAGE` C ;E'E L 2 I 1 COSERV EASEMENT RIGHTO--OF—my !! � F 2 VOLC/hfE tt„ PACE 6 i I VOLUME 4988, PAGE 181 1 P. 0. B. �Ir i P.R.C.C.T., I I D.R.G.C.T. yaT = n k L I 9.58 ACMES (BY DEED) c CID� I ROBERT 'DANCE THURMOND, JR: � r_ __--F C.C.F. No. 9—000494 � �� O.R.C.C.T. I r. ..... ..... ... ..:: BLOCKr 0.4562 ACRESDEED) O DOC No 20111020001125050 PERMANENTDRAINAGE [Ii i ! =r 28i,680 SO. FT. OR IV —i 0.658 ACRES SCALE IN FEET NOTES. L A LEGAL DESCRIPTION OF EVEN [SATE ACCOMPANIES THIS PLAT, 2, ROW MARKERS ALONG PROPOSED RIGHT—OF—WAY LINE ARE A 5/8" IRON ROD SET' WITH SLUE CAP STAMPED "GORRONDONA°" UNLESS OTHERWISE NOTED, 3. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD-83, THE NORTH CENTRAL ZONE 4202, ALL DISTANCES AND AREAS SHOWN ARE SURFACE 4. SURVEYED ON THE GROUND NOVEMBER 2009: mi ACQUISITION L}CATfON :7 SUBJECT TRACT LOCATION OF ACQUISITION v ?F IVY LCE 300 COUNTRY CLUB ROAD ® WYLIE, TEXAS 750981 EXHIBIT SHOWING A PERMANENT DRAINAGE EASEMENT OUT OF A 39.55 ACRE TRACT OF LAND SITUATED IN THE J.W. MITCHELL SURVEY, ABSTRACT No. 589 CITY OF WYLIE, COLLIN COUNTY, TEXAS AS RECORDED IN C.C.F. NO. 98-0004942 REAL PR ]PETY RECORDS OF COLLIN COUNTY, TEXAS U ( URTIS ` M1 b4 CURTIS SMITH �DWG9.e v sm 7UU NO, 5494 TEXAS FIRM WORTH, TX. 76118 = 817-496-1424 FAX 817— I I REMAINDER OF 21.355 ACRES (BY DEED) CREEKSIDE DEVELOPMENT, INC ROC. No. 20121231001666860 R,P,R.C,CT, EXHIBIT "B PARCEL No. 6 .PE PART . XT 100 50 0 100 FND. 1 J2''IR 'SCALE IN FEET SET R.O.uY 112.]8 ACRES (BY DEED) MARKER PAMELA JOE THRONSURG N 89*57' 1 1-W ✓ DOC, Nor, 201 DO416000373400 N 89-57'11°'W 728.84' 72,30' R.P.R.C.C.T. -- — ---- -------- —__-- --- - - -- McMILLEIN' ROAD PROPOSED (AN UNDEDICATED RIGHT—OF—WAY) RIGHT—OF—WAY PROPOSED 39.58 ACRES (BY DEED) RIGHT-OF-WAY ROBERT VANCE THURMOND, JIB, C.C.F.NO. 98-1:004942 ` D.R.C.C.T. APPROXIMATE LOCATION DESCRIBED IN VOLUME 1015, PALE 460' SANITARY SEWER EASEMENT + D.R.C.C.T. VOLUME 3255, PAGE 55, D.R.C,C.T_ 15' COSERV EASEMENT � h ii VOLUME D.R.8,C.PAGE 1811 ..... .... ..._... P d /-40'57' W 45.24' ; PERMANENT DRAINAGE�� EASEMENT AREA B, 28,68E SO. FT. OR 0.658 ACRES 1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT 2. ROW MARKERS �ALONG PROPOSED RIGHT--OF—WAY LINE ARE A 5/;8' !RON Rob s 'ET MITH BLUE CAP r s*•• D„O . OTHERWISE NOTED. 1 ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD-83, THE NORTH CENTRAL ZONE 4202, ALL DISTANCES AND AREAS SHOWN ARE SURFACE 4. SURVEYED ON THE GROUND NOVEMBER 2009. ACQUISITION LOCATION :71 SUBJECT TRACT & LOCATION OF ACQUISITION 11411 y C'j""o r a Irlie Wz IiTT OF L1E 300 COUNTRY CLUB ROAD • WYLIE, TEXAS 75098 EXHIBIT SHOWING A T - PERMANENT DRAINAGE EASEMENT OUT OF A 59.58 ACRE TRACT OF LAND SITUATED IN THE J.W. MITCHELL 'SURVEY, ABSTRACT No. 58 CITY OF WYLIE, COLLIN COUNTY, TEXAS AS RECORDED IN C.C.F. NO, 98-0004942 REAL PROPETY RECORDS OF COLLIN COUNTY, TEXAS ffl SI 7 6 Q ®. 817-496-1424 FAX 817- c IL LEN ROAD FROM IcC + ARY ROAD TO COUNTRY CLUB ROAD PARCEL No. 6 PE PART McMILLEN ROAM J.W.MIT HELL SURVE Y, ABSTRACT No. 589 EX141BIT soar Being a permanent drainage and roadway easement , situated in the J. W. Mitchell Survey, ,Abstract No, 589, City of Wylie, Collin County Texas, said permanent drainage and roadway easement being a portion of a 39.58 acre tract of land (by deed) deeded to Robert Vance Thurmond Jr., as recorded in County Cleric File No. 98-0004942 of the Feed. Records of Collin County, Texas and being more fully described in Volume 1015, Page 46 of the teed records of Collin County, Texas, said permanent drainage and roadway easement being more particularly described by metes and bounds as follows; COMMENCING at a 1/2 inch iron rod found for the northwest corner of said. 39.5 9 acre tract of land, said 1/2 inch iron rod being the northeast corner of a 0.4562 acre tract of land by deed) deeded to Robert Vance Thurmond, Jr. as recorded in Document No. 20111020001125050 of the Real` Property Records of Collin County, Texas, said 1/2 inch iron rod being in the south line of Creekside Estates, Phase IX, are addition to the City of Wylie, Collin County, Texas as recorded in Document No 017- .99 of the Map Records of Collin County, Texas, said 1/2 inch iron rod being in McMillen Road (a variable width right-of-way); THENCE South 89 degrees 57 minutes I I seconds East, with the north line of said. 39.5 8 acre tract of land, with the south litre of said Creekside Estates, Phase IX, and with said McMillen Road, a distance of 728.84 to a R,0 W. Marker set for the POINT OF BEGINNING of the herein described permanent drainage easement, said R;CI.W. Markerbeing the intersection of the proposed northeasterly right-of-way line of said. McMillen road with the existing south right-of-way line of said McMillen Road; ; THENCE South 89 degrees 57 minutes I 1 seconds East, with the north line of said 39.58 mere tract of land, with the south lire of said Creekside Estates, Phase IX and with said McMillen road., a distance of 72,30 feet to d 1/2 inch iron rod hoard for the southeast cornea of said Creekside Estates, Phase IX, said 1/2 inch iron rod being the most westerly southwest corner of a 112.18 acre tract of land (by deed) deeded to Pamela Joe Thronburg as recorded in Document No. 20100416000373400 of said Real Property records of Collin County, Texas; THENCE North' 9 degrees 27 minutes 4$7 seconds East, with the north line of said 39.58 acre tract of land and with the westerly line of said 11118 acre tract of land, a distance of 404.37 feet to apoint for comer THENCE South 32 degrees 17 minutes 14 seconds East, a distance of 209.06 feet to a point for corner in the easterly line of said 39.58 acre tract of land, said point being in Muddy Creek; Exhibit A Page I of i THENCE South 43 degrees 57 minutes 36 seconds West, with the easterly line of said 39.58 acre tract of land and with said Muddy Creel<,, a distance of 140.81 feet to a point for the intersection oft e easterly line of said 39.58 are tract of land with the proposed northeasterly right-of-way line of said McMillen Road; THENCE North 57 degrees Oil minutes 57 seconds ,West, with the proposed northeasterly right-, of -way line of said McMillen load, passing at a distance of 50,00 feet a R.Co a marker set for reference, in all, a distance of 292.87 feet to a l .0 . naarl�er set for the beginning of a carve to the left having a radius of 1,200.00 feet, a central angle of 12 degrees 55 minutes 28 seconds and whose chord <bears North 64 degrees 08 minutes 41 seconds West, a distance of 270.11 feet; THENCE with the proposed northeasterly right-of-way line of said McMillen Road and with said curve to the left, an are length of 270. feet to the POINT OF BEGINNING and containing 74,626 square feet or 1,713 acres of land, more or less. Notes: (l) i plat of even survey date herewith accompanies this legal description. (2) .O.W o markers along proposed right-of-way Brae are a 5i8 inch iron rod set with blue cap stamped " 1 ail " unless otherwise noted. (3) All bearings and coordinates are referenced to the Texas Mate Plane Coordinate System, NAD-83, The North Central Zone 4202, all distances and areas shown are surface. (4) Surveyed on the ground November 20a Date: December 19, 2018 s Curtis Smith Registered Professional Land Surveyor F No. 5494 URTI a SMITH .ams,a. SUVR Exhibit A Page 2 of 2 s s .r r Y � u r . r r„ M r r r r r •r r •• r r r -r r i r� i NOW • r r.. .r..: r • rr:.. N <. 1. > r r a • R S ffi r.a r AM1:107.11 CAN •. ifliffmul Mmp PAGE 2 OF rr r a r r.�rr' NEYM McMILLEN ROAD FROM c i ARY ROAD TO COUNTRY CLUB ROAD PARCEL No. 6 ICE PART Mc ILL N ROAD J.W. MIT FI LL, SURVEY, ABSTRACT No. 589 EXHIBIT "A" - Being a permanent slope easernent situated in the J. W. Mitchell Survey, Abstract No.'589, City of Wylie, Collin County, Texas, said permanent; slope casement being a portion of a 39.58 acre tract of land (by deed) deeded to Robert Vance Thurmond, Jr., as recorded in County Cleric File No, 98-0004942 of the reed Records of Collin County, Texas and being more fully described in Volume 1015, Page 46 of said Teed Records of Collin County, Texas, said permanent shape casement being more particularly described by metes and bouafds as follows: CO Il, NCING at a 1/2 inch iron rod found hi the north line of said 39.58 acre tract of land, said 1/2 inch iron rod being the southeast comer of Caeekside Estates, phase IX, an addition to the City of Wylie, Collin County, Texas,", as recorded in Instrument No. 2017-299 of the Mat Records of Collin Counter, Texas, said 1 /2 inch iron rod being the most westerly southwest cornea' of a 112.1,8 acre tract ' of laird (by deed) deeded. to Pamela Joe Thronburg as recorded` in Document No, 2010041 000373400 of the Real Property Records of Collin County, Texas, ,said 1/2 inch iron rod also being in McMillen Road (a variable width right-of-way); THENCE North 89 degrees 57 minutes 11 seconds rest, with the north line of said 39.58 acre tract of land, with the south line of said Creelcside Estates, Phase TX and with said McMillen Road, a distance of 72.30 feet to a R.09 W. marker set for the intersection of the proposed northeasterly right-of-way line of said McMillen Road with the south line of said, Creekside Estates, Phase IX; THENCE Noa*th 89 degrees 57 minutes 11 seconds- West, with the north line of said 39.58 acre tract of land, with the south line of said Caeekside Estates, Phase IX and with said. McMillen Road, a distance of`728.84 to a 1/2 inch iron rod found for the northwest corner of said 39,58 acre tract o land, said. 1/2 inch iron rod being the northeast cornea of a 0.4562 acre bract of land by deed) deeded to Robert "fiance Thu mond Jr. as recorded it Document No. 20111020001125050 of said Real Property Records of Collin County, Texas; THENCE South 01 degree 01 minute 39 seconds East, with the west line of said 39.58 acre tract of land and with the cast lime of said 0.4562 acre tract of land, a distance of 50,00 feet to a point for corner in the proposed south right-of-way line of said McMillen'Road; 'THENCE South 89 degrees 57 minutes 11 seconds East;: with the proposed south right-of-way line of said McMillen Road, a distance of 50.01 to the POINT OF BEGINNINGof the herein described permanent slope casement; T114ENCE South 89 degrees 57 minutes 11 seconds East, with the proposed south right-of-way line of said McMillen Road, a distance of 13.47 feet to aR.O.W. Marker set :for cornea Exhibit A Page 1 of 2 THENCE South, degrees 09 minutes 46 seconds East, with the proposed south right-of-way line of said McMillen Road, a distance of 97,04 feet to a ,O . Marker set for the beginning of a curve to the right having a radius of 1,000.00 feet, a central angle of 0 degrees 49 minutes 25 seconds and whose chord hears South 83 degrees 15 minutes 04 seconds East, a distance of 171.24 feet; THENCE with said curve to the right and with the proposed south right-of-way Brie of said McMillen Road, an, are length of 171.45 feet to a point for corner, THE, CE North degrees 16 minutes 35 seconds West, a distance of 170.61 feet to a point for cornea:; THE, NCE North 88 degrees 09 minutes 46 seconds West, a distance of 96.80 feet to a point for corner; THENCE North 89 degrees 58 minutes 36 seconds Nest, a distance of 12.96 feet to a point'for corner; THENCE North 01 degrees 01 minutes 39 seconds West, a distance of 15.01 feet to the POINT OF 13EGINNING and containing 3,351 square feet or 0,077 acres of hand, more or `less. Notes: l) A plat of even survey date herewith accompanies this legal description: () R.O.W. nrarkers along proposed tight -of -way line are a 5/8 inch iron rod set with blue cap stamped "GORRONDO NA" unless otherwise noted, (3) All bearings and coordinates are referenced r6 the 'Texas Mate Pl e Coordinate ystern, 1NA- 3, The North Central Zone 4202, all distances and areas shmAtu are surface. (4) Surveyed on the ground November 2009. Date: December 19, 2018 Curtis Smith C..F Registered professional Land Surveyor sTA � �. co No. 5494 CURTIS SMITH r 5494 %t 6 pp o Exhibit .A Page 2 of d / . U. mmse # EXHIBIT 91B 91 PARCEL No. 6 PE PART 4 W2 IN511M McMILLEN ROAD FROM McCREARY ROAD TO COUNTRY CLUB ROAD PARCEL No. 6 McMILLEN ROAD J.W. MITCHELL SURVEY, ABSTRACT No. 589 EXHIBIT "A" Being a 4.665 acre tract of land situated in the J. W. Mitchell Survey, Abstract No. 589, City of Wylie, Collin County, Texas, said 4.665 acre tract of land being a portion of a 39.58 acre tract of land (by deed) deeded to Robert Vance Thurmond, Jr., as recorded in County Clerk File No. 98- 0004942 of the Deed Records of Collin County, Texas and being more fully described in Volume 1015, Page 46 of the Deed Records of Collin County, Texas, said 4.665 acre tract of land also being a portion of a 0.4562 acre tract of land (by deed) deeded to Robert Vance Thurmond, Jr. as recorded in Document No. 20111020001125050 of the Real Property Records of Collin County, Texas, said 4.665 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at a 1/2 inch iron rod found for the northwest corner of said 39.58 acre tract of land, said 1/2 inch iron rod being the northeast corner of said 0.4562 acre tract of land, said 1/2 inch iron rod being in the south line of a 21.355 acre tract of land (by deed) deeded to Creekside Development, Inc. as recorded in Document No. 20121231001666860 of said Real Property Records of Collin County, Texas, said 1/2 inch iron rod being in McMillen Road (an undedicated right-of-way); THENCE South 89 degrees 57 minutes 11 seconds East, with the north line of said 39.58 acre tract of land, with the south line of said 21.355 acre tract of land, and with said McMillen Road, a distance of 728.84 to a R.O.W. marker set for corner in the proposed northeasterly right-of-way line of said McMillen Road, said R.O.W. marker being the beginning of a non -tangent curve to the right having a radius of 1,200.00 feet, a central angle of 12 degrees 55 minutes 28 seconds and whose chord bears South 64 degrees 08 minutes 41 seconds East, a distance of 270.11 feet, from which a 1/2 iron rod found for the southeast corder of said 21.355 acre tract of laud bears South 89 degrees 57 minutes 11 seconds, a distance of 72.30 feet, said 1/2 inch iron rod found being the southwest corner of a 112.18 acre tract of land (by deed) deeded to Pamela Joe Thronburg as recorded in Document No. 20100416000373400 of said Real Property Records of Collin County, Texas; THENCE with the proposed northeasterly right-of-way line of said McMillen Road and with said non -tangent curve to the right, an arc length of 270.69 feet to a R.O.W. marker set for corner; THENCE South 57 degrees 40 minutes 57 seconds East, with the proposed northeasterly right- of-way line of said McMillen Road, passing at a distance of 242.87 feet, a R.O.W. Marker set for reference, in all, a distance of 292.87 feet to a point for corner in a southeasterly line of said 39.58 acre tract of land; Exhibit A Page 1 of 3 THENCE South 43 degrees 57 minutes 36 seconds West, with a southeasterly line of said 39.58 acre tract of land, a distance of 6.09 feet to a point for corner; THENCE South 14 degrees 22 minutes 36 seconds West, with a southeasterly line of said 39.58 acre tract of land, a distance of 246.00 feet to a point for coiner in the proposed southwesterly right-of-way line of said McMillen Road; THENCE North 57 degrees 40 minutes 57 seconds West, with the proposed southwesterly right - of --way line of said McMillen Road, passing at a distance of 50.00 feet a R.O.W. marker set for reference, in all, a distance of 580.04 feet to a R.O.W. marker set for the beginning of a curve to the left having a radius of 1,000.00 feet, a central angle of 30 degrees 28 minutes 49 seconds and whose chord bears North 72 degrees 55 minutes 22 seconds West, a distance of 525.73 feet; THENCE with the proposed southwesterly right-of-way line of said McMillen Road and with said curve to the left, an arc length of 531.98 feet to a R.O.W. marker set for corner; THENCE North 88 degrees 09 minutes 46 seconds West, with the proposed south right-of-way line of said McMillen Road, a distance of 97.04 feet to a R.O.W. marker set for corner; THENCE North 89 degrees 57 minutes 11 seconds West, with the proposed south right-of-way line of said McMillen Road, a distance of 64.34 feet to a R.O.W. marker set for corner; THENCE South 89 degrees 53 minutes 06 seconds West, with the proposed south right-of-way line of said McMillen Road, a distance of 10.95 feet to a R.O.W. marker set for corner in the west line of said 0.4562 acre tract of land, said R.O.W. marker also being the northeast corner of Lot 2X, Block G, Sage Creek North, an addition to the City of Wylie, Collin County, Texas as recorded in Volume 0, Page 56 of the Plat Records of Collin County, Texas; THENCE North 01 degree 30 minutes 19 seconds West, with the west line of said 0.4562 acre tract of land, a distance of 49.99 feet to a point for the northwest corner of said 0.4562 acre tract of land, said point being in said McMillen Road; THENCE North 89 degrees 48 minutes 03 seconds East, with the north line of said 0.4562 acre tract of land and with said McMillen Road a distance of 12.23 feet to the POINT OF BEGINNING and containing 203,210 square feet or 4.665 acres of land, more or less. Exhibit A Page 2 of 3 M (1) A plat of even survey date herewith accompanies this legal description. (2) R.O.W. markers along proposed right-of-way line are a 518 inch iron rod set with blue cap stamped "GORRONDONA" unless otherwise noted. (3) All bearings and coordinates are referenced to the Texas State Plane Coordinate System, NAD-83, The North Central Zone 4202, all distances and areas shown are surface. (4) Surveyed on the ground November 2009. Curtis Smith Registered Professional Land Surveyor No. 5494 Exhibit A Page 3 of 3 EXHIBIT 9"' 99 PARCEL No. 6 DEED) REMAINDER OF 21Z,95 ACRES (BY CREEKSIDE DEVELOPMENT, DO01212310DIr,66860 " " a> r Am MCMILLEN ROAD 11 VARIABLE 13WIT; We W =me i mr.m yjm , a:" !. � • PROPOSED APPROXIMATE LOCATION RIGHT—OF-WAY 220' SANITARY SEWER EASEMENT VOLUME 3255, PAGE 55, p.R.C,C.T S BT57` 11 "E 7 8.8 " L� 1 - i SET R.O.W. �- - SET R.0 ,W. MARKER yy SET R.O.W. MARKER LOT 2X BLOCK � MARKERS PROPOSED SAGE CREEK NORTH L-3 � 15' COSERV EASEMENT RIGHT -OF --WAY VOLUME C, PACE 56, VOLUME 4988, PAGE 1811 D R.C.C.T. j` 39.58 ACRES (BY DEED) r •. iii,•W s r x !ACOUISITION AIRj 203,210 SO. ." r ON OF DOE ACCOMPANIES ROW MARKERS ALONGPROPOSED •F-OY LINE ARE A 5/8" IRON ROD STAMPEDWITH BLUE CAP r..r !r OTHERWISE NOTED. 3. ALL BEARINGS ANIJ COORDINATES ARE REFERENCED To THE TEXAS STATE PLANE OR r-83, THE NORTH CENTRAL ZONE# r AREAS SHOWN ARE: SURF�E SURVEYED ON ! ! NOVEMBER li' M'® ACOWSMON LOCATION SUBJECT TRACT & LOCATION OF ACQUISITION tty f IL W EXHIBITull� II ii R I l M OUT OF 39.58 ACRE TRACT OF !.4562 ACRE TRACT OF ! SITUATED IN THE CITY OF •COUNTY, AS RECORDED IN REAL PROPETY RECORDS OF MLIN COUNM TEXAS PROJECT. McMILLEN ROA76 FROM McCREARY ROAD TO COUNTV CLUB ROAD _ s CURVE TABLE REMAINDER OF 100 50 0 10 21.355 ACRES (SY DEED) CREEKSIDE DEVELOPMENT, > INC. DOC. No20121231001666860 R.P.R.C.C.T. PROPt7sE0 SCALE IN FEET RIGHT-OF-WAY SET R.0.W'. MARKERI12.IS ACRES (By DEED) PAMELA ,60E THRONBURG REMAINDER OF 100 50 0 10 21.355 ACRES (SY DEED) CREEKSIDE DEVELOPMENT, > INC. DOC. No20121231001666860 R.P.R.C.C.T. PROPt7sE0 SCALE IN FEET RIGHT-OF-WAY SET R.0.W'. MARKERI12.IS ACRES (By DEED) PAMELA ,60E THRONBURG " ii 600 !i ", !� ". .r PROPOSED- RIGHT-® NOTES: I. A LEGAL DESCRIPTION OF 'EVEN DATE ACCOMPANIES THIS PLAT,. 2: ROW MARKERS ALONG PROPOSED RIGHT-OF-WAY LINE ARE A 5/8" IRON ROD SET WITH BLUE CAP STAMPED "GORRONDONA" UNLESS OTHERWISE NOTED. 3. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD-83, THE NORTH CENTRAL ZONE 4202, ALL DISTANCES AND AREAS SHOWN ARE SURFACE 4. SURVEYED ON THE GROUND NOVEM,IBER 2009. ACQUISITION LOCATION TRACTSUBJECT LOCATIONOF ACQr I Wylie EXHIBIT SHOWING UISITION ACQUISITION OUT OF 39.58 ACRE TRACT OF LAND + r .r SITUATED IN J.W .,No. 589 CiTY OF rCOUNTY, AS�PECORDED IN rry•.2 & DOC. No. 2olllubbo1425050 REAL PROPETY RECORDS• Allows m,111111,01 MIT �11 PARCEL No. t, 'M r* .:.r.r r Iu� • r . ! . a III I II II Illlljll I I �IIIIII III dil i I! II I r r I II II r i ! r • s r rr •: low.. i x DESCRIPTION DOE ACCOMPANIES r `tKERS ALONG-r.® r r •.r -rr SET r STAMPEDWITH B UE CAP r--r rr rNOTED. 1 ALL BEARINGS r COORDINATES ARE REFERENCED TO T14E TEXAS rr-r r NORTH • t DISTANCES. r AREAS SHOWN *r ON .r r NOVEMBER 26og. AOI Cjty "f Wv e y�. r COUNTRY a ROAD WYLIE, TtXAS 75098 EXHIBIT IlMI y SHOWINGRIGHT—OF—WAY ACCUISITION OUT OF 39.58 ACRE TRACT • r r r SITUATED IN THE ; J.W. MITCHELL SURVEY, ABSTRACT CITY OF WYLIE, COLLINCOUNTY, AS RECORDED IN ACQUISITIONREAL PkOPETY RECORDS OF COLLIN COUNTY, TEXAS PROI McMILLEN ROAD FROM McCREARY ROAD TO COUNTRY CLUB ROAD AREA:203,210 SGUAREOR-4.665 ACRES MCMILLEN ROAD FROM McCREARY ROAD TO COUNTRY CLUB ROAD PARCEL No. 7 TE MCMILLEN ROAD J.W. MITCHELL SURVEY, ABSTRACT No. 589 I-Wa. I1: Being a temporary construction easement situated in the J.W. Mitchell Survey, Abstract No, 589, City of Wylie, Collin County, Texas, said temporary construction easement being a portion of a 112.18 acre tract of land (by deed) deeded to Pamela Joe Thronburg as recorded in Document No. 20100416000373400 of the Real Property Records of Collin County, Texas, said temporary construction easement being more particularly described by metes and bounds as follows; COMMENCING at a 1/2 inch iron rod with cap (illegible) found for the southwest corner of Lot 1, Block A of Wylie United Methodist Church, an addition to the City of Wylie, Collin County, Texas, as recorded in Volume R, Page 213 of the Map Records of Collin County, Texas, from which a 518 inch iron rod with cap (illegible) found for the northwest corner of said Lot 1 bears North 00 degrees 25 minutes 28 seconds West, a distance of 966.45 feet; THENCE South 00 degrees 25 minutes 28 seconds East, with the west line of said Wylie United Methodist Church, a distance of 56.81 feet to a point for corner in the south line of a 199.22 acre tract of land (by deed) deeded to Katheryn Skinner as recorded in Document No. 20070514000648930 of said Real Property Records of Collin County, Texas and being further described in Volume 555, Page 68 of the Deed Records of Collin County, Texas, said point also being in McMillen Road (an undedicated right-of-way); THENCE South 89 degrees 02 minutes 10 seconds West, with the south line of said 199.22 acre tract of land and with said McMillen Road, a distance of 1979.38 feet to a point for the southeast corner of said 112.18 acre tract of land, said point also being the southwest corner of a 40.00 acre tract of land (by deed) deeded to D-Dreams, Inc. as recorded in Document No. 20070131000142850 of said Real Property Records of Collin County, Texas; THENCE North 00 degrees 12 minutes 47 seconds East, with the east line of said L12.18 acre tract of land and with the west line of said 40.00 acre tract of land, a distance of 53.71 feet to a R.O.W. marker set for the POINT OF BEGINNING of the herein described temporary construction easement, said R.O.W. marker being in the proposed north right-of-way line of said McMillen Road; THENCE South 88 degrees 56 minutes 46 seconds West, with the proposed north right-of-way line of said McMillen Road, a distance of 80.58 feet to a R.O.W. marker set for corner; THENCE North 88 degrees 11 minutes 30 seconds West, with the proposed north right-of-way line of said McMillen Road, a distance of 282.47 feet to a R.O.W. marker set for the beginning of a curve to the right having a radius of 1000.00 feet, a central angle of 30 degrees 30 minutes 33 seconds, and whose chord bears North 72 degrees 56 minutes 13 seconds West, a distance of 526.21 feet; Exhibit A Page 1 of 3 THENCE with said curve to the right and with the proposed north right-of-way line of said McMillen Road, an are length of 532.48 feet to a R.O.W. marker set for corner; THENCE North 57 degrees 40 minutes 57 seconds West, with the proposed north right-of-way line of said McMillen Road, passing at a distance of 297.02 feet, a R.O.W, marker set for reference in the east bank of Muddy Creek, in all, a distance of 317.02 feet to a point for corner in the east line of said 39.58 acre tract of land (by deed) deeded to Robert Vance Thurmond, Jr. as recorded in Document No. 98-0004942 of said Real Property Records of Collin County, Texas and being further described in Volume 1015, Page 46 of the Deed Records of Collin County, Texas, said point also being in Muddy Creek; THENCE North 43 degrees 57 minutes 36 seconds East, with the east line of said 39.58 acre tract of land and with said Muddy Creek, a distance of 121.63 feet to a point for the beginning of a non -tangent curve to the left having a radius of 863.00 feet, a central angle of 49 degrees 30 minutes 14 seconds, and whose chord bears South 63 degrees 26 minutes 23 seconds East, a distance of 722.66 feet; THENCE with said non -tangent curve to the left, an are length of 745.64 feet to a point for corner; THENCE South 88 degrees 11 minutes 30 seconds East, a distance of 53.74 feet to a point for the beginning of a curve to the right having a radius of 897.00 feet, a central angle of 14 degrees 38 minutes 09 seconds, and whose chord bears South 80 degrees 52 minutes 25 seconds East, a distance of 228.51 feet; THENCE with said curve to the right, an are length of 229.13 feet to a point for corner; THENCE South 73 degrees 33 minutes 21 seconds East, a distance of 129.07 feet to a point for corner in the east line of said 112.18 acre tract of land, said point being in the west line of said 40.00 acre tract of land; THENCE South 00 degrees 12 minutes 47 seconds West, with the east line of said 112.18 acre tract of land and with the west line of said 40.00 acre tract of land, a distance of 21.27 feet to the POINT OF BEGINNING and containing 90,651 square feet or 2.081 acres of land, more or less. Exhibit A Page 2 of 3 (1) A plat of even survey date herewith accompanies this legal description. (2) R.O.W. markers along proposed right-of-way line are a 5/8 inch iron rod set with blue cap stamped "GORRONDONA" unless otherwise noted, (3) All beatings and coordinates are referenced to the Texas Coordinate System, NAD-83, The North Central Zone 4202, all distances and areas shown are surface. (4) Surveyed on the ground November 2009. Date: March 31, 2014 Curtis Smith Registered Professional Land Surveyor No. 5494 EXHIBIT a3 39 PARCEL No. 7 T 0 ACQUISITION LOCATION Coto Ej rr 0 �f END 5f8"IR � ACT & I � � 9 4"�ICAP (ILLEGIBLE) Z ' LOCATION OF ACGU&TION ca LOT I Q in Lo 0 iV REMAINDER OF l A0.00 ACRES (BY DEED) 199.22 ACRES (BY DEED) Y � D-DREAMS„ INC. 4T No. 20 STUNNER W � -UJ Ld DOCUMENT Na. 20070131000142850 DOCUMENT NR.P.R.C.C.T�4t}ii0648530 'q' Cy W R.R.R.C.C.T. VOLUME 555, PAGE 68 �- D D.R.C.C,T. Ln a. M MLLEN ROADa. C3 (AN UND[ ICATED RIGHT—OF—WAY) N ® P. 0. C. «`J ti P. O.B. FND 1/2 °"IR -� �-"`� SET R.q.W" WJCAR (ILLEGIOLE)' MAR 4ER- ! —3 L— L 1 S 89'02°10'1W 1979.38"� S 00"25'28"E SE R.L1.W. 56.81' MARKER TEMPORARY CONSTRUC11ON LOT 10 LOT 9 � LOT 8 EASEMENT AREA 90,651 SO. FT. O ( 6 .081 ACRES gfg3Cg g��y35 pAGF o 4i 1 , A LEGAL mscoipmm OF EVEN DATE ACCOMPANIES THIS f�� 2. ROW MARKERS ALONG PROPOSED RIGHT-OF-WAY LINE ARE A 5/8' IRON Rob SET WITH BLUE CAP STAMPED "GORROkDONA" UNLESS OTHERWISE NOTED. 1 ALL BEARINGS AND COORDINATES ARE REFERENCEID To THE TEW COORDINATE �SYSTM NAD-83. THE NORTH CENTRAL ZONE 42OZ ALL DISTANCES E AREAS SHOWN ARE SURFACE rON 'THE GROUND2009. * ■ F R SCALE itry— j 300 COUNTRY CLUB ROAD . WYLIE, TEXAS 75098 EXHIBIT SHOWING TEMPORARY CONSTRUCTION tASEMENT OUT 4 s ACRE TRACT OF LAND SIITUATEID IN THE • rr CITY OF WYLIE, COLLIN COUNTY, TEXAS RECORDEDAS ii • 2010041600037.3400 NEAL PROPERTY RECORDS OF !COUNTY o u I GRS TI 49 SMi 8M CAD FILE: 07 TEMP.D CUI TIS�SMIiH ry i !`! 77 EXHIBIT PARCEL No. 7 TE ACOuISITiON _,.— _ LOCATION _ - — 15.0' COSERV EASEMENT �J�____- �.�- BSUBJECT TRACT —�®VOLUME 4988, PAGE 1811 � [s `+' D°R�CZ,T. � + LOCATIONOF ACQUISITION �N C 4`NIB 112.18 ACRES (BY DEED) PAMELA JCE THRONBURC APPROXIMATE LOCATION DOCUMENT No. 20100416000373400 20 y r .0' SANITARY 20.0' SANITARY q ° SEWER EASEMENT R.1'.R..C.T. SEWER EASEMENTy VOLUME 3255, PAGE 66 VOLUME 3255, PAGE 55 ` D,R.C.C.T. D.R:O.C,T. � - TEMPORARY PASSING AT 5.0' COSERV EASEMENT Cfi9VSTUGT1�31�' 297.02' A `y ` VOLUME 4845, PAGE 1333 EASEMENT AREA SET R.O.W. k O.R C_C.T. MARKER 5.0' VERIZUN EASEMENT 90,61 .C81 ACRES VOLUME 5419, PAGE 834 39.58 ACRES (BY DEED) ``, D.R.C.C.T. ROBERT VANCE THURMOND, °JR. r +. O.C.F. No. 98-0004942 PROPOSED � D.R.C.C.T, ri4 RIGHT—Off'—WA`��`. "'-6 VOLUME 1015, PAGE 48 s ` ° -� a.R.O.C.T: SET R.O.W: MARKER KM i IWII PROP ILLEN r OAD # (r LOT WWY� #.. ml #, 67-1 pp- i, DESCRIMON OF EVEN DATE i 2, ROW MARKERS ALONG PROPOSED RIGHT-OF-W& LINE ARE A 5/8" ]RON ROD SET WITH BLUE GAP STAMPED "GORRONDONA" UNLESS OTHERWSIE NOTED. ALL BEARINGS i COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE SHOWNSYSTEM. NAD-831 THE NORTH CENTRAL ZONE 4202, ALL DISTANCES AND AREAS ty cl F YLIE 300 COUNTRY CLUB ROAD WYLIE, TEXAS 15098 S" SHOWINGEXHIBIT TEMPORARY CONSTRUCTIION EASEMENT OUT OF 112.18 ACRE TRAMOF LAND SITUATED IN THE J.W. MITCHELL SURVEY, ABSTRACT No. 589 CITY OF #COUNTY, AS RECORDED IN DOCUMENT No. 20100416000373400 REAL PROPERTY RECORDS OF COLUN COUNTY,JEXAS b" •#. # .. #.� MeMILLEN ROAD FROM C E A Y ROAD TO COUNTRY CLUB ROAD PARCEL No. 7 TE FART McMILLEN ROAD J.W. MITCHELL SURVEY, ABSTRACT No. 589 EXHIBIT "Al Being a temporary construction casement situated in the J.W. Mitchell Survey, Abstract No. 58, City of Wylie, Collin County, Texas, said temporary construction easement being a portion of a 112,18 acre tract of land (by deed) deeded to Pamela Joe Thronburg as recorded in Document No. 2010041 6000373400 of the Real Property Records of Collin County, 'Texas, said temporary construction easement being more particularly described by metes and bounds as follows: COMMENCING CIN at a 1/2 inch iron rod with cap (illegible) found for the southwest comer of Lot 1, Block A of Wylie United Methodist Church, an addition to the City of Wylie, Collin County, Texas, as recorded in Volume I ., Page 213 of the Map Records of Collin County, Texas, from; which a 5/8 inch iron rod with cap (illegible) found for the northwest confer of said Lot 1 beam North 00 degrees 25 minutes 28 seconds West, a distance of 966.45 feet; THENCE South 00 degrees 25 minutes 28 seconds East, with the west line of said Wylie United Methodist Church, a distance of 56.81 feet to a point for corner in the south line of a 199,22 acre tract of land (by deed) deeded. to I atheryn Skinner as recorded in DocumentNo. 20070514000648 30 of said Real Property Records of Collin County, Texas and being further described in Volume 555, Page 68 of the Deed Records of Collin County, Texas, said point also being in McMillen Road (an widedicated right-of-way); THENCE South 89 degrees 02 minutes 10 seconds West, with the south line of said 199.22 acre tract of land and with said McMillen Road passing at 739.39 feet a point for the southeast corner of a 40.00 acre tract of land (by deed) deeded to D-Drearns, Inc, as recorded in Document No. 20070131000142850 of said Real Property Records of Collin County, Texas, in all, a distance of 1,979.38 feet to a point for the southeast corner of said 112.18 acre tract' of land, said point also being the southwest corner of said 40.00 acre tract of land; THENCE South 88 degrees 53 minutes 03 seconds West, :with the south line of said 112.18 acre tract of land and with said McMillen. Road, a distance of 912.84 feet to a survey nail with washer stamped "CO OND NA" set for the POINT OF BEGINNING of the herein described temporary construction casement, said survey mail with washer stamped "Ct RRONDONA" being the intersection of the south: line of said 112.18 acre tract of land with the ;proposed southwesterly right-of-way line of said McMillen Road, said survey nail with washer stamped " GO CNDONA" also being in the north line of Lot 10 of McMillen farms, an addition to the City of Wylie, Collin County, Texas, as recorded. in Volume H, page 621 of said Map Records of Collin County, Texas Exhibit A Page 1:of3 THENCE South '88 degrees 53 minutes 03 seconds West, with the south line of said 112,19 acre tract of land and with the north line of said Lot 10 a distance of218. 7 to a point for corner; THENCE North 58 degrees 50 minutes 52 seconds Nest, a distance of 111,30 feet to a point for corner in the easterly livid of a 39,58 acre tract of land '(icy deed) deeded to Robert Vance Thurmond, Jr, as recorded in Document No 98-0004942 of said Real Property Records of Collin County, Texas and lacing fin-ther described in Volume 1015, Page 46 of ;said feed records of Collin County, Texas, said point also being in Muddy 'reek; THENCE loAh 14 degrees 22 minutes 36 seconds East, with the easterly line of said 39.59 ;acre tract of land and with said Muddy Creel, a distance of 109. 9'feet to a point for the intersection of the easterly line of said 39.58 acme tract of land with the proposed southwesterly right-of-way line of said McMillen load; THEN E 'South 57 degrees 40 minutes 57 seconds East, with the proposed southwesterly right- of-way line of said McMillen Road, passing at a distance of 20.00 feet, a R.O.W. tnark r set for reference, in all, a distance of 140.06 feel to a ..O. . inarl er° set for the beginning of a curve to the left having a radius of 1000,00 Feet, a central angle of 111 degrees 48 minutes 26 seconds, and whose chord bears 'South 63 degrees 05 minutes 10 seconds East, a distance of 18 8.34 feet ; THENCE with said curve to the left and with the proposed ``southwesterly right-of-way line of said McMillen load, an are length of 188.62 feet to the POINT OF BEGINNING and containing 22,148 square feet or 0.508 acres of land., more or less: Exhibit A Page 2 of 3 Notes: (l) A plat of even survey date Herewith accompanies this legal description. (2) l ,O.W. markers along proposed right-of-way line are a 5/8 inch iron rod set with blue cap stamped "GO Rt CAN " unless otherwise noted. () All bearings and coordinates are referenced to this Texas Coordinate System, NAD-83, The North Central Zone 4202, all distances and areas shown are surface. (4) Surveyed on the ground November 2009. Date: January 3, 2011 Curtis Smith Registered Professional Land Surveyor No. 5494 U TI a SMITH 5; 494 % SUR Exhibit A Page 3', of 3 PARCEL No. 7 TB PART E 8 T E W. PATTER ON SURVEYL 1 s BS53O3 ,. ABSTRACT No. 716 I� ACQUISITION FND 5!8'"IR LOCATION 1 W%CAP (ILLEGIBLE) 0mo° 1 SUBJECT TRACT & 1 LOT 1 t5 LOCATION OF ACQUISITION wLLJ 0 Ol w � i l REMAINDER OF ' q c199,22 ACRES (BY DEED) 1 40= ;ACRES (BY DEED) KATHERYN SKINNER D-DREAMS, "INC. DOCUMENT No, 2C1D7O514OOOF+18'83O � � i— R P R,C,C,T. C�1 DOCUMENT No. 20070131 DDO1 2850 r- to Lil 1 R.P�R.C.C.T. VOLUME a55> PAGE Lib sw � 6 CL. 2! Ira McMILLEN ROAD Ia (A VARIABLE WIDTH RIGHT-OF-WAY) TL W/CAPD (ice E I®LE) PROPOSED PASSING AT RIGHT—OF—WAY 73S.3D' 7 9°oS OO"25"28°E L-1 S 8nw b 79.38` 56,81,, �4 LOT 10 I LOT 9 � LOT 8 1 lj"L'g f I *w, c°` NOTES: Vom 1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT. 2. ROW MARKERS ALONG PROPOSED RIGHT—OF—WAY LINE ARE A 5,✓8" IRON ROD SET WITH BLUE CAP STAMPED "GORRONDOW UNLESS OTHERWISE NOTED, 200 100 0 200 3, ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM„ NAD-83r:THE NORTH CENTRAL ZONE 4202, ALL DISTANCES AND AREAS; SHOWN ARE SURFACE 4. SURVEYED ON THE GROUND NOVEMBER 2009: SCALE IN FEET 300 COUNTRY CLUB D ,w. 1 i i i a M! �rw yy iiii^ yliilM ,li 1 I PROJECT' ROAD FROM McCREARY•i F 7M i "ibi e ' LLEN ROAD FROM McCREARY ROAD TO COUNTRY CLUB ROAD PA-RCEL No. 7 'I'll PART McMILLEN ROAD J.W. M TC F L SURVEY, ABSTRACT No.. 589 EXHIBIT "A" Being a temporary construction easement situated in the J, . Mitchell ui ey, Abstract No. 589, City of Wylie, Collin County Texas, said temporary construction easement being a portion of a 112.18 acre tract of land (by deed) deeded to E nela Joe Tkonburg as recorded in Document xent No. 20100416000373400 of the Real Property Records of Collin County, Texas said temporary construction easement being more particularly described by metes and bounds as follows; BEGINNING at'a 1/2 inch iron rod found for the most westerly southwest corner of said 11 .18 acre tract of land, said 1/2 inch iron rod being the southeast comer of Creekside Estates, Phase TX, an addition to the City ofWylie, Collin County, Texas, as recorded in: Instrument No. 2017- 299 of the Map Records of Collin County, Texas, said 1/2 inch iron rod being in the north line of a 3 9 58 acre tract of land by deed) deeded to Rober-t "fiance Thurmond, Jr.; as recorded in County Clerk File No. 9-0004942 of the Deed Records of Collin County, Texas and being more fully described in Volume 1115, Page 46 of said Deed Records of Collin Counter, Texas, said 1/2 inch iron rod also being the southeast corner of the existing right-of-way lire of McMillen Road a variable width right-of-way); T14 NCF North''00 degrees 32 minutes 13 seconds Nest, with the west line of said 112.18 acre tract of land" and with the east tine of said Creekside Estates, a distance of 30,00 feet to a point for comer, ftom which a 1/2 inch iron rod with cap stamped Roome" found for the northwest corner of said 11118 acre tract of land beam North 00 degrees 32 minutes 13 seconds West, a distance of 2,638.99 feet, THE NCB North 89 degrees 27 minutes 47 seconds ;East, a distance of 400,00 feet to a point for coiner THENCE North:'00 degrees 32 minutes 13 seconds Wrest, a distance of 1 170.00 feet to a paint for comer; THE NCI+ North 89 degrees 27 minutes 47 seconds East, a distance of 900.00 feet to a point for comer THE NCL South 00 degrees 32 minutes 13 seconds East, a distance of 1 2 0.00 feet to a point for coiner, THE NCE South 89 degrees 27 minutes 47 seconds West, passing at 647.65 feet, a point for an interior ell corner in the west line of said 112.18 acre tract of lard, said point being the northwest corner of said 39.58 acre tract of land, in all, a distance of 1,300.00 feet to the POINT CAE BEGINNING and containing 1,092,000 square feet or 25.069 acres of land, more or lessor Exhibit A Page 1 of 2 Notes: 1) A plat of eves survey date herewith acconn aries this legal description. (2) All bearings and coordinates are referenced to the. 'Texas Coordinate System, NAD- 3, The North Central Zone 4202, all distances and areas shown are surface, (3) S- u•veyed on the ground November 2009. I i i i i i i i j Date: Jane 28, 201 i Curtis Smith Registered Professional Land Surveyor i CURTIS SMITH ":,5494 17 `°ems "a4C; Exhibit A Page 2 of 2 McMILLEN ROAD FROM McCREARY ROAD TO COUNTRY CLUB ROAD PARCEL No. 7 McMILLEN ROAD J.W. MITCHELL SURVEY, ABSTRACT No. 589 MXi:l N" 1W.M Being a 3.847 acre tract of land situated in the J.W. Mitchell Survey, Abstract No. 589, City of Wylie, Collin County, Texas, said 3.847 acre tract of land being a portion of a 112.18 acre tract of land (by deed) deeded to Pamela Joe Thronburg as recorded in Document No. 20100416000373400 of the Real Property Records of Collin County, Texas, said 3.847 acre tract of land being more particularly described by metes and bounds as follows: COMMENCING at a 1/2 inch iron rod with cap (illegible) found for the southwest corner of Lot 1, Block A of Wylie United Methodist Church, an addition to the City of Wylie, Collin County, Texas, as recorded in Volume R, Page 213 of the Map Records of Collin County, Texas, from which a 5/8 inch iron rod with cap (illegible) found for the northwest corner of said Lot 1 bears North 00 degrees 25 minutes 28 seconds West, a distance of 966.45 feet; THENCE South 00 degrees 25 minutes 28 seconds East, with the west line of said Wylie United Methodist Church, a distance of 56.81 feet to a point for corner in the south line of a 199.22 acre tract of land (by deed) deeded to Katheryn Skinner as recorded in Document No. 20070514000648930 of said Real Property Records of Collin County, Texas and being further described in Volume 555, Page 68 of the Deed Records of Collin County, Texas, said point also being in McMillen Road (an undedicated right-of-way); THENCE South 89 degrees 02 minutes 10 seconds West, with the south line of said 199.22 acre tract of land and with said McMillen Road, a distance of 1979.38 feet to the POINT OF BEGINNING of the herein described 3.847 acre tract of land, said point being the southeast corner of said 112.18 acre tract of land, said point also being the southwest corner of a 40.00 acre tract of land (by deed) deeded to D-Dreams, Inc. as recorded in Document No. 20070131000142850 of said Real Property Records of Collin County, Texas; THENCE South 88 degrees 53 minutes 03 seconds West, with the south line of said 112.18 acre tract of land and with said McMillen Road, a distance of 912.84 feet to a survey nail w/washer stamped "GORRONDONA" set for the beginning of a non -tangent curve to the right having a radius of 1000.00 feet, a central angle of 10 degrees 48 minutes 26 seconds, and whose chord bears North 63 degrees 05 minutes 10 seconds West, a distance of 188.34 feet, said survey nail w/washer stamped "GORRONDONA" being in the proposed south right-of-way line of said McMillen Road; THENCE with said non -tangent curve to the right and with the proposed south right-of-way line of said McMillen Road, an are length of 188.62 feet to a R.O.W. marker set for coiner; Exhibit A Page 1 of 3 THENCE North 57 degrees 40 minutes 57 seconds West, with the proposed south right-of-way line of said McMillen Road, passing at a distance of 120.06 feet, a R.O.W. marker set for reference in the east top bank of Muddy Creek, in all, a distance of 140.06 feet to a point for corner in the east line of a 39.58 acre tract of land (by deed) deeded to Robert Vance Thurmond, Jr. as recorded in Document No. 98-0004942 of said Real Property Records of Collin County, Texas and being further described in Volume 1015, Page 46 of said Deed Records of Collin County, Texas, said point also being in said Muddy Creek; THENCE North 14 degrees 22 minutes 36 seconds East, with the east line of said 39.58 acre tract of land and with said Muddy Creek, a distance of 246.00 feet to a point for corner; THENCE North 43 degrees 57 minutes 36 seconds East, with the east line of said 39.58 acre tract of land and with said Muddy Creek, a distance of 6.09 feet to a point for confer in the proposed north right-of-way line of said McMillen Road; THENCE South 57 degrees 40 minutes 57 seconds East, with the proposed north right-of-way line of said McMillen Road, passing at a distance of 20.00 feet, a R.O.W. marker set for reference in the east top bank of said Muddy Creek, in all, a distance of 317.02 feet to a R.O.W. marker set for the beginning of a curve to the left having a radius of 1000.00 feet, a central angle of 30 degrees 30 minutes 33 seconds, and whose chord bears South 72 degrees 56 minutes 13 seconds East, a distance of 526.21 feet; THENCE with said curve to the left and with the proposed north right-of-way line of said McMillen Road, an arc length of 532,48 feet to a R.Q.W. marker set for corner; THENCE South 88 degrees 11 minutes 30 seconds East, with the proposed north right-of-way line of said McMillen Road, a distance of 282.47 feet to a R.O.W. marker set for corner; THENCE North 88 degrees 56 minutes 46 seconds East, with the proposed north right-of-way line of said McMillen Road, a distance of 80.58 feet to a R.O.W. marker set for corner in the east line of said 112.18 acre tract of land, said R.O.W. marker being in the west line of said 40.00 acre tract of land; THENCE South 00 degrees 12 minutes 47 seconds West, with the east line of said 112.18 acre tract of land and with the west line of said 40.00 acre tract of land, a distance of 53.71 feet to the POINT OF BEGINNING and containing 167,579 square feet or 3.847 acres of land, more or less. Exhibit A Page 2 of 3 9M (1) A plat of even survey date herewith accompanies this legal description, (2) R.O.W. markers along proposed rigbt-of-way line are a 5/8 inch iron rod set with blue cap stamped "tom ORRONDON A" unless otherwise noted. (3) All bearings and coordinates are referenced to the Texas Coordinate System, NAD-83, The North Central Zone 4202, all distances and areas shown are surface. (4) Surveyed on the ground November 2009. Date- March 31, 2014 'Z141 Curtis Smith Registered Professional Land Surveyor No. 5494 Exhibit .. 3 of 3 EXHIBIT 79 !l PARCEL No. 7 ACQUISITION LOCATION c 0 r� SUBJECT TRACT LOCATION! OF ACQUG11ON LLJ CL y t 3 r FND 5/8"IR 0 v�cAP (ILLEGIBLE) 00 (6 REMAINDER OF m � `�2 < 6 199.22 ACRES (BY DEED) � � W, � pLp Z 40.00 ACRES (BY DEED) KATHERYN SKINNER r W m D DREAMS,INC, DOCUMENT c. 2d07d5140DOfi4893d E,� 9 DOCUMENT No. 2007013100014285[7 R.R.R.C.C.T. Ca W co R.R.R.C.C.T. VOLUME 555, PAGE 68 cNN D.R.C.C.T. Lr'' C� _ SET R.0 M MILLEN ROAD � (Aid UNDEDICATED RIGHT -IMF —WAY) P. 0. c. FND t/2"IR �— L— AL-6 W/CAR (ILLEGIBLE) . L 7 S 89'd2`IO",W 1979.38' S C)0`25'28'E . % -- — �. 56.81, In .d•�. LOT 10 LOT 9 IS I LOT 8 ' RIGHT—OF—WAY �� ACQUI SON AREA Q , LLVN 167,579 5Q. FT. CAR Lju � 1,.0 C°T' 3.847 ACRES 1. A LIEdAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PL4 WITH BLUE CAP STAMPED "GORRONDONA' UNLESS OTHERWISE NOTED. 3. ALL BEARINGS AND COORDINATES ARE REFERENCED� TO THE TEXAS COORDINATE r-83, THE NORTH CENTRAL ZONEDISTANCES SHOWN SURVEYED ON 'rHE GROUND NOVEMBER 2009. 0 i i !0, ! *. SCALE CITYQW V—LlE 300 COUNTRY CLUB ROAD - 44YLIE, TEXAS 75098 EXHIBIT SHOWING ACQUISITION ABSTRACTOUT OF A 112.18 ACRE TRACT Of LAND SITUATED IN THE J.W. MITCHELL SURVEY, :• CITY OF WLIE, • • RECORDED REAL PROPERTY RECORDS•COUNTY, M2. JRTIS SM :GISTERIED P 4 -A EXHIBIT 99 15 PARCEL No. 7 - ---- - 4 -- ----- 15.01 CQSERV EASEMENT VOLUME 4988, PAGE 181 D.R.C.C.T. APPROXIMATE LOCATION ' L ti � ��A PASSING` AT 20,0' SANITARY 20,00' A SEWER EASEMENT SET R.C.W. VOLUME 3255, PAGE 55; MARKER D.R.C.C.T. 39,56 ACRES (BY DEED) ROBERT VANCE THURMOND, JR. C.C.F. No. 98-0004942 � VOLUME 1015, PAGE 4E * c/ PASSING AT 12M06' A - SET R.O,W, MARKER i ACQUISITION LOCATON 5B SUBJECT TRACT & 'OLOCATION OF ACQUISITION 112.18 ACRES (BY DEED) PAMELA JQE THRQNQUR DOCUMENT No. 20100416000373400 20.0' SANITARY R.P.R.C.C.T. SEWER EASEMENT VOLUME 3255, PAGE 66 D.R.C,C.T. RIGHT-OF-WAY ACQUISMON AREA SET R:C.W, 167,579 Sty. FT. OR MARKER 3.847 ACRES 5.0' CSERV EASEMENT uj VOLUME 4845, PAGE 1339: D.R.C.C.T.. 5.0' VERIZQN EASEMENT" t VOLUME 5419, PAGE 834 D;R.C.C.T. C'- SEI` R.C.W. MARKER SET SURVEY MAIL - L�1 C,R W/'WASHER STAMPED p� /�ire �k tI g�' ply "GCRRCNDQNA°" IY1cMILLEN ROAD (AN UNDEDICATED RIGHT -OF ---WAY} LOT 1' Q — ... j . of Wkl- e J= i. COUNTRY CLUB ROAD i . EXHIBF17 SHOWING �I ! l ACQUISITION OUT OF 112A8 ACRE TRACT OF LAND sn-UATED IN THE j.W. MITCHELL SURVEY, ABSTRACT *, CITY OF iCOUNTY, AS RECD IN DOCUMENT i •s - rm 0416000373400 REAL PROPERTY RECORDS OF COLLIN COUNTY, TEXAS Lin i' •. 1•m .: m.� "r m 'i i _ r y me mm m •: • m m a ::.. M NOTES: DEscRiP-noN OF DATE Accomomits 2. ROW MARKERS ALONG PROPOSED RIGHT-Or--�WAY UNE ARE A 5/5" IRON ROD SET WFM BLUE ... STAMPED ORR It OTHERWISE NOTED. BEARINGS1 ALL NAD-83, THE NORTH CENTRAL ZONE 4202, ALL DISTANCES AND AREAS SHOWNSYSTEM, SURVEYED4. ON THE GROUND NOVEMBER 2009i y. McMILLEN ROAD FROM McCREARY ROAD TO COUNTRY CLUB ROAD PARCEL No. 8 PE McMILLEN ROAD LOT 10, McMILLEN FARMS 0_11103 -99."i Being a permanent drainage easement out of Lot 10 of McMillen Farms, an addition to the City of Wylie, Collin County, Texas as recorded in Volume H, Page 621 of the Map Records of Collin County, Texas, said Lot 10 being deeded to Leonard Odell Brewer as recorded in Document No. 93-0042366 of the Real Property Records of Collin County, Texas, said permanent drainage easement being more particularly described by metes and bounds as follows: COMMENCING at a 1/2 inch iron rod found for the northeast corner of said Lot 10, said 1/2 inch iron rod being the northwest corner of Lot 9 of said McMillen Farms, said 1/2 inch iron rod also being in the existing south right-of-way line of McMillen Road (a variable width right-of- way), from which a 3/8 inch iron rod found for the northeast corner of Lot 8 of said McMillen Farms beaus North 88 degrees 56 minutes 46 seconds East, a distance of 520.32 feet, said 3/8 inch iron rod being the northwest corner of Lot 7 of said McMillen Farms, said 3/8 inch iron rod also being in the existing south right -of --way line of said McMillen Road; THENCE South 88 degrees 56 minutes 46 seconds West, with the north line of said Lot 10 and with the existing south right-of-way line of said McMillen Road, a distance of 277.37 feet to the POINT OF BEGINNING of the herein described permanent drainage easement; THENCE South 01 degrees 03 minutes 14 seconds East, a distance of 110.00 feet to a point for corner; THENCE South 88 degrees 56 minutes 46 seconds West, a distance of 30.00 feet to a point for corner; THENCE North 01 degrees 03 minutes 14 seconds West, a distance of 110.00 feet to a point for corner in the north line of said Lot 10, said point being in the existing south right-of- way line of said McMillen Road; THENCE North 88 degrees 56 minutes 46 seconds East, with the north line of said Lot 10 and with the existing south right-of-way line of said McMillen Road, a distance of 30.00 feet to the POINT OF BEGINNING and containing 3,300 square feet or 0.076 acres of land, more or less. Exhibit A Page 1 of 2 lim (2) R.O.W. markers along proposed right-of-way line are a 5/8 inch iron rod set with blue cap stamped "GCS RRONDail A" unless otherwise noted. (3) All bearings and coordinates are referenced to the Texas Coordinate System, NAD-83, The North Central Zone 4202, all distances and areas shown are surface. (4) Surveyed on the ground November 2009. Date: March 31, 2014 "A/ 1: Z Curtis Smith Registered Professional Land Surveyor No. 5494 Exhibit A Page 2 of 2 ACQUISITION LOCATION SUBJECT TRACT & LOCATION OF ACQUISITION- 112.18 ACRES (BY 'DEED) PAMELA JOE THRONBURG DOCUMENT No. 20100415000373400 R,P.R,C,C.T, EXISTING RIGHT —OF --WAY r s y APPROXIMATE LOCATION r 20.0' SANITARY r ' SEWER EASEMENT CABINET H, SLIDE 621' ✓ r P.R.C.C.T. r' PERMANENT DRAINAGE EASEMENT AREA 3,300 SO. FT. 4R 0.076 ACRES LOT 10 LEONARD ODELL BREWER DOCUMENT No. 93-004 3S R.P.R.C,C.T'. PARCEL No. 8 PE 1111011111 40.00 ACRES (BY DEED) D--DREAMS, INC. DOCUMENT NO. 20070131000142850' R.P.R.G.C.T. DEEDLINE (APPROXIMATE CENTER OF ROAD) • i iA LQT 9 LOT 0 J 6 I NOTES: DESCRIPTION OF DATE ACCOMPANIES- STAMPEDWITH BLUE CAP f"f Nii OTHERWISE NOTED. 3. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINMt SYSTEM' NAD-83 THE NORTH CENTRAL ZONE 4202, ALL DISTANCES AND AREAS SHOWN ARE SUR�kE SURVEYED ON 'i :i NOVEMBER goog. SCALE IN FEET KOF—LIE CITY 300 COUNTRY CLUB ROAD * WYLIE, TEXAS 75098 EXHIBIT SHOWING A PERMANENT [DRAINAGE EASEMENT OUT OF LOT 10 OF McMILLEN FARMS AN ADDITION TO THE CITY OF WYLIE, COLLIN COUNTY, TEXAS AS RECORDED IN VOLUME I -I, PAGE 621 MAP RECORDS, CCLLIN COUNTY, TEXAS 0L.. i--i li. CURTIS SMITH J' REGISTERED PROFESSIONAL LAND SURVEYOR NO, 5494 TEXAS FIRM No. 10106900 76118 - 817-496-1424 FAX 817-496-1768 MeMILLEN ROAD FROM McCRE ARY ROAD TO COUNTRY CLUB ROAD PARCEL No. 8 TE PART I McMILLEN ROAD LOT 10, McMILLEN FARMS EXHIBIT "A" Being a temporary construction easement out of Lot 10 of McMillen Farms, an addition to the City of Wylie, Collin County, Texas as recorded in Volume 1-1, Page 621 of the Map Records of Collin County, Texas, said Lot 10 being deeded to Leonard Odell Brewer as recorded in Document No. 93-0042366 of the Real Property Records of Collin County, Texas, said temporary construction easement being more particularly described by metes' and bounds as follows: COMMENCING at a 1/2 inch iron rod found for the northeast comer of said Lot 10, said 1/2 inch iron rod being the northwest corner of Lot 9 of said McMillen Farms, said 1/2 inch iron rod also being in the existing south right-of-way line of McMillen Road (a variable width right-of- way), ftorn which a 3/8 inch iron rod found for the northeast comer of Lot 8 of said McMillen Farms bears North 88 degrees 56 minutes 46 seconds East, a distance of 520.32 feet, said 3/8 inch iron rod being the northwest comer of Lot 7 of said McMillen Farms, said 3/8 inch iron rod also being in the existing south right-of-way line of said McMillen Road; THENCE South 88 degrees 56 minutes 46 seconds West, with the north line of said Lot 10 and with the existing south right-of-way line of said McMillen Road, a distance of 338.25 feet to the POINT OF BEGINNING of the herein described temporary construction easement,* THE, NCE South 01 degrees 03 minutes 14 seconds East, a distance of 50.00 feet to a point for comer; THENCE South 88 degrees 56 minutes 46 seconds West, a distance of 425.15 feet to a point for the begirming of a non -tangent curve to the right, having a radius of 1,239.67 feet a central angle of 16 degrees 20 minutes 47 seconds and whose chord bears North 79 degrees 19 minutes 40 seconds West, a distance of 352.48 feat; THENCE with said non -tangent curve to the right, an are length of 353,68 feet to a point for comer in the proposed southwesterly right-of-way line of said McMillen Road, said point being the beginning of a non -tangent curve to the left, having a radius of 1,0K00 feet a central angle of 19 degrees 42 minutes 02 seconds and whose chord bears South 84 degrees 03 minutes 58 seconds East, a distance of 342.15 feet, from which a survey nail with washer stamped "GORRONDONA" set for the intersection of the proposed southwesterly right-of-way line of said McMillen Road with the north line of said Lot 10 bears a chord bearing of North 71 degrees 21 minutes 10 seconds West, a distance of 99.90 feet, said survey nail with washer stamped "GORRONDONA" being in the south line of a 112,18 acre tract of land (by deed) deeded to Parnela Joe Thronburg as recorded in Document No. 20100416000373400 of said Real Property Records of Collin County, Texas; Exhibit A Page 1 of 2 THENCE with said non -tangent curve to the left and with the proposed southwesterly right-of- way line of said McMillen Road, an are length of 343.84 feet to a RAW. Marker set for comer THENCE North 86 degrees 05 minutes 01 seconds East, with the proposed southerly right-of- way line of said McMillen Road, a distance of 400.28 feet to a R.0, '. Marker set for the intersection of;, the proposed southerly right-of-way ,line of said McMillen Road with the existing south right-of-way line of said McMillen Load, said R.0, . Marker being in the north line of said foot 10, THENCE North 88 degrees 56 minutes 46 seconds East, with the north line of said Lot 10 and with the existing south right-of-way line of said McMillen Road, a distance of 3U8 feet to the POINT OF BEGINNING and containing 22,030 square feet or 0.506 acres of land, more or less. Notes: 1) A plat of even survey date herewith accompanies this legal description. (2) RO,W, markers along proposed eight -of -way line are a 5/8 loch iron rod set with blue cap stamped "Cry ON ONA" unless otherwise noted. (3) ,All bearings and coordinates are referenced to the Texas Coordinate System, lAD-3, The North Central .done 4202, all distances and areas shown are surface. 4) Surveyed on the ground November 20# Date; ,lung 28, 2018 Curtis mitl Registered Professional band Surveyor w No. 5494 CURTIS SMITH V- 5494 '�: ` 41 i Exhibit A Page 2of ZACQUisoriON LOCA OM WillR,ry om ry� i 112.18 ACRES (BY DEED) 01, `'' PAMELA JOE T1IRONBURG R.PR.O.C,T, w ` 20.0' SANITARY SEWER EASEMENT S' CollEASEMENT `�� r VGLUMEB.R�C 55OC T1AGE 56 VOLUME 4845, PAGE 1339 D,R.C,C.T, * 5.0' VERIZON EASEMENT VOLUME 5419, PAGE 834 e D,R.C.C.L ujA, 'k 44, 4 SET SURVEY NAIL WfWASHER PROPOSED STAMPED "GORRONDONA" 2 RIGHT=OF—WAY SEf R,O.W f LOT 3 MARKER LEONARD ODELL BREWER DOCUMENT No. 9 --0042 5C R P,R.C.C,T. TEMPORARY ACQUISITION CONSTRUCTION LOCATION EASEMENT AREA 22,030 S w Fr. SIR 0.506 ACRES 150 ld °"" J 1 SUBJECT TRACT & 81 Alf.r , LOCATION OF ACQUISITION APPROXIMATE LOCATION 20' SANITARY SEWER EASEMENT TE ACCOMPANIES THIS 1I CABINET H, SLIDE 621 TIGHT —OP -WAY LINE ARE A 5f8" IRON ROD SET P,R.C.C.T. 1Doll UNLESS OTHERWISENOTED, " IRE REFERENCED TOO THE TEXAS COORDINATE TRAIL ZONE 4202, ALL DISTANCES AND AREAS' IBER 2009. city0r, Wylie 300 COUNTRY' CLUB ROAD WYLIE, TEXAS 75098 EXHIBIT SNOWING IRY CONSTRUCTION EASEMENT c .. � r OUT OF x q. a d 4, LOTOF 10 rp"' McMLLEN FARMS ' >< . ... n.,. AN ADDITION TO THE C TIS SlElIff YLIE, COLLIN COUNTY, TEXAS AS RECORDED IN 44 VOLUME H, PACE 621 � �� ORDS, COLL.IN COUNTY, TEXAS •."� .. McCREARY" ROAD TO COUNTRY CLUB ROAD S IRE FEET OR 0.505 ACRES CURTIS SMITH AWN BYI RCS I CAD FILE: OB TE PART 1.11I REGISTERED PROFESSIONAL LAND SURVEYOR HIBIT B PAGE 2 OF 2 SCALE: 1" = 150' - NO. 5494 TEXAS FIRM No. 10106900 7524 JACK NEWELL BOULEVARD SOUTH FORT WORTH, TX. 76118 817-496-1424 FAX 817--496 -1768 i 112.18 ACRES (BY DEED) 01, `'' PAMELA JOE T1IRONBURG R.PR.O.C,T, w ` 20.0' SANITARY SEWER EASEMENT S' CollEASEMENT `�� r VGLUMEB.R�C 55OC T1AGE 56 VOLUME 4845, PAGE 1339 D,R.C,C.T, * 5.0' VERIZON EASEMENT VOLUME 5419, PAGE 834 e D,R.C.C.L ujA, 'k 44, 4 SET SURVEY NAIL WfWASHER PROPOSED STAMPED "GORRONDONA" 2 RIGHT=OF—WAY SEf R,O.W f LOT 3 MARKER LEONARD ODELL BREWER DOCUMENT No. 9 --0042 5C R P,R.C.C,T. TEMPORARY ACQUISITION CONSTRUCTION LOCATION EASEMENT AREA 22,030 S w Fr. SIR 0.506 ACRES 150 ld °"" J 1 SUBJECT TRACT & 81 Alf.r , LOCATION OF ACQUISITION APPROXIMATE LOCATION 20' SANITARY SEWER EASEMENT TE ACCOMPANIES THIS 1I CABINET H, SLIDE 621 TIGHT —OP -WAY LINE ARE A 5f8" IRON ROD SET P,R.C.C.T. 1Doll UNLESS OTHERWISENOTED, " IRE REFERENCED TOO THE TEXAS COORDINATE TRAIL ZONE 4202, ALL DISTANCES AND AREAS' IBER 2009. city0r, Wylie 300 COUNTRY' CLUB ROAD WYLIE, TEXAS 75098 EXHIBIT SNOWING IRY CONSTRUCTION EASEMENT c .. � r OUT OF x q. a d 4, LOTOF 10 rp"' McMLLEN FARMS ' >< . ... n.,. AN ADDITION TO THE C TIS SlElIff YLIE, COLLIN COUNTY, TEXAS AS RECORDED IN 44 VOLUME H, PACE 621 � �� ORDS, COLL.IN COUNTY, TEXAS •."� .. McCREARY" ROAD TO COUNTRY CLUB ROAD S IRE FEET OR 0.505 ACRES CURTIS SMITH AWN BYI RCS I CAD FILE: OB TE PART 1.11I REGISTERED PROFESSIONAL LAND SURVEYOR HIBIT B PAGE 2 OF 2 SCALE: 1" = 150' - NO. 5494 TEXAS FIRM No. 10106900 7524 JACK NEWELL BOULEVARD SOUTH FORT WORTH, TX. 76118 817-496-1424 FAX 817--496 -1768 McNHLLFJN ROAD FROM McCRE ARY ROAD T01 COUNTRY CLUB ROAM PARCEL No. 8 TL PART McMILL N ROAD LOT 10, McMILLEN FARMS EXHIBIT "Are Being a temporary construction casement out of Lot 10 of McMillen Farms, an addition to the City of Wylie, Collin County, Texas as recorded in Voltmae I4, Page 621 of the Map records of Collin County, Texas, said Lot 10 being deeded to Leonard Odell Brewer as recorded in Document: No. 93-0042366 of the Real property Records of CollinCounty, Texas, said temporary construction easement being more particularly scr°i ed by metes and bounds as follows: BEGINNING at a 1/2 inch ion rod found for the northeast corner of said Lot 10, said 1/2 inch iron rod being the northwest corner of Lot''9 of said McMillen Farms, said 1/2 inch iron rod also being in the existing south right-of-way litre of McMillen Road (a variable width right-of-way), li°orn which a 3/8 inch iron read found for the northeast corner of Lot 8 of said. McMillen Fauns gears North 88 degrees 56 minutes 46 seconds Last, a distance of 520.32 feet, said 3/8 inch iron rod being the northwest comer of Lot 7 of said McMillen Farms, said. 3/8 inch iron rod also being in the existing south right-of-way line of said McMillen Road; THE NCE South 00 degrees 34 minutes 07 seconds East, with the east line of said loot 10 and with the west line of said Lot 9, a distance of 5 0. 0feet to a point for cornea; THENCE NCESouthdegrees 5 6 minutes 46 seconds West, a distance of 276.95 feet to a point for corner; TIFIENCI+ North 01 degrees 03 rnin tes 14 seconds West, a distance of 5 0.00 feet to a point for corner in the north line of said Lot 10, said point being in the existing south tight -of - way litre of said McMillen Road; TIIENCE North 88 degrees 56 minutes 46 seconds East, with the north line of said :Lot 10 and with the existing south right-of-way litre of said McMillen load, a distance of 277.37 feet to the POINT OF BEGINNING and containing 13,858 square feet' or 0.318 acres of land; more or less, Exhibit A Page e 1 of Notes: (1) A plat of even survey date herewith accompanies this legal description. 2) ,O.W> markers along proposed right-of-way line are a 5/8 inch iron rod set with blue cap stamped ` GO 3%TDC: NA" unless otherwise noted. (3) All bearings and coordinates are referenced to the Texas Coordinate System, AD- 3, The North Central Zone 4202, all distances and 'areas shown are surface. (4) Surveyed can the ground November 2009, ]date: .tune 2, 2018 Curtis Smith F Registered Professional Land Surveyor .a sx tE SMITH 494 � ss SUS Exhibit A Page 2 of 2 ACQUISITION i9 9 LOCATION EXHIBIT PARCEL ' TE PART T— UBJECT TRACT LOCATION OF ACQUISITION z 40,00 ACRES (BY DEED) O-DREAMS, INC. 112,18 ACRES (BY DEED) DOCUMENT NO, 20070131600142850 PAMELA JOE THRONBURG R,P.R.C.CWTe DOCUMENT No. 2010041000373400 w R.P.R.C.C.T. SO `140 0 ?1 . pk J Mc MILLEN ROACH P. 0.B (A VARIABLE WIDTH RIGHT—OF—WAY) FND 1/2°'IR DEED LINE (APPROXIMATE CENTER OF ROADS EXISTING r RIGHT-OF-WAY N 7 3 ' b FND 3/8°hR J....r ..... .:... 88'86 6" W 76� 95' TEMPORARY` CONSTRUCTION LOT 9 � LOT 8 EASEMENT AREA ,858 SO. F r. OR 'I � O 18 ACRES Ap LOT 10 1vrcNfjjjLPAGE 641 LEONARD ODELL BREWER DOCUMENT No. 9 --004 366 NTO R.,R.C.C,T NOTES; 1. :A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT. i 2. ROMP MARKERS ALONG PROPOSED RIGHT—OF—WAY LINE ARE A 5/8" IRON ROD SET � I Wrl BLUE CAP SWAMPED "GORRONDOW UNLESS OTHERWISE NOTED. 150 75 0 1 3, ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM, Ni THE NORTH CENTRAL ZONE 4202, ALL DISTANCES AND AREAS SHOWN ARE SURFACE Mori 4. SURVEYED ON THE GROUND NOVEMBER 2009. SCALE IN FEET • i �rr �•�p M .F R 1W-.. •�. .., a ;..._"n: McMILLEN ROAD FROM McCREARY ROAD TO COUNTRY CLUB ROAD PARCEL No. 8 McMILLEN ROAD LOT 10, McMILLEN FARMS EXHIBIT"All Exhibit A Page I of 2 THENCE North 88 degrees 56 minutes 46 seconds East, with the north line of said Lot 10 and with the existing south right-of-way line of said McMillen Road, a distance of 211.81 feet to the, POINT OF BEGINNING and containing 25,479 square feet or 0.585 acres of land, more or less. Notes: (1) A plat of even survey date herewith accompanies this legal description. (2) R.O.W. markers along proposed right-of-way line are a 5/8 inch iron rod set with blue cap stamped "GORRONDONA" unless otherwise noted. (3) All bearings and coordinates are referenced to the Texas Coordinate System, 1 AD-83, The North Central Zone 4202, all distances and areas shown are surface. (4) Surveyed on the ground November 2009. Date: March 31, 2014 Curtis Smith Registered Professional Land Surveyor No. 5494 Exhibit A Page 2 of 2 EXHIBIT 99 91 PARICEL No. 8 SUBJECT TRACTc LOCATION OF ACQUISITION!' 40.00 ACRES (BY DEED) 112.18 ACRES (BY DEED) D-DREAMS, INC, PAMELA JOE THRbNI3t1RG �� DOCUMENT NO- 20070131000142850 DOCUMENT No. 20100416000373400 R.P.R.C.C.T, R.P.R.C.C:T. w'SO4`1 1�' 0. IL DEED LINE. '(APPROXIMATE CENTER OF ROAD) EXISTING EXISTING IY1c ILLEN F OAD — RIGHT-OF-WAY _3 RIGHT-OF-WAY " A VARIABLE WIDTH RIGHT—OF—WAY) '46"52032° 1S 8856N 88'5646"E 338.25° f�f FIND 3f8"IR r R.O.W. P. 0.R1. END 1 j2-IR LOT 9LOT 8 APPROXIMATE LOCATION 0 r 20.0` SANPTARY SEWER EASEMENT+ CABINET H, SLIDE "621 �7 P.R.C.C.T. pjkGf RIGHT—OF—WAY LOT 10 c p I' 2 ,ACQUISITION S .F-I R LEONARD ODELL BREWER �' � •"� 0.585 ACRES DOCUMENT No. 93-0042366 I .P.R. .C.T A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES STAMPED2, ROW MARKERS ALONG PROPOSED RIGHT-OF-WAY LINE ARE A 5/8- IRON ROD SET WITH BLUE CAP O • // OOTED. 1 ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE •-83, THE NORTH CENTRAL ZONE• DISTANCES AND AREAS SHOWN 4, SURVEYED ON THE GROUND NOVEMBER 2009. SCALE IN FEET '4 SHOWINGEXHIBIT ACQUISttlON • • i OF McMILLEN FARMS AN ADD ITION TO THE AS •-• • IN VOLUMEPAGE 621 RECORDS,MAP A f "T CURf ;;^^p r k s r 1111=1-YZ W09111411111MANTO Ia EXHIBIT 19B 91 PARCEL No. 8 - t� 4 112,18 PA ELA ACRES THRY�kDEED .aaa DOCUMENT No. 20100416000373400 R.P.R.U;C.T. 20.0' SANITARY SEWER EASEMENT 5' COSERV EASEMENT `4 % VOLUME PAGE Q6 .R.C. VOLUME 4845, PAGE 1339� Q.R.CC,T. D.RC.C,T. ti 5,0' VERIZON EASEMENT 39,58 ACRES (BY DEED) ROBERT JR. VOLUME 5419, PAGE 834 ti D,R.C.C.T. RIGHT—OF—WAY VANCE THURMOND, DOCUMENT N®. 98-000494 R P R.C.CT. AQQUISI•i'IQN AREA VOLUME 1015, PAGE 46 25,479 FT. 0R D.R.C.C.T. 0.585 ACRES 1 a e'6 SET SURVEY NAIL W/WASHER STAMPED "GORRONDONA"�*- k PROPOSED fW'— RIGHT—OF—WAY LOT Q SET R.O.W. I FONAR® ODELL BREWER' MARKER .� DOCUMENT No. 93-0042366E-1 R.P.R,C.C.T, 6 MCMILL'{` f SCALE I N FEET j— ACQUISITION < ' if LOCATION NOTES: 1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT. * JRON ROD SET WITH BLUE CAP STAMPED .--. « OTHERWISE3, ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE 4� SURVEYED ON THE GROUND NOVEMBER 2009. LOCATION OF ACQUISITION syk EXHI'. RIGHT—Cf- t AN CITY OF WY'LIE, VQLU N MAP. RECORDS, ar r 300 COUNTRY CLUB ROAD - WYLIE, TEXAS 75098 ACQUISITION IF FARMS TO THE N COUNTY, TEXAS )ED IN DACE 621 N COUNTY, TEXAS` uvv"Vr v �vvin ryes "uni...n, 54 } rg CU`RTIS SMITH REGISTERED PROFESSIONAL LAND SURVV NO. 5494 TEXAS FIRM No, 10106I 817-496--1424 FAX 817-49'6--1768 c ILLEN ROAD FROM McCREARY ROAD TO COUNTRY CLUB ROAD PARCEL No. 9 ICE Me ILLEN ROAD W. PATTE SON SURVEY, ABSTRACT No. 716 EXHIBIT "Are Being a permanent drainage easement situated in the W. Patterson Survey, Abstract No. 716, City of Wylie, Collier County, Texas, said permanent drainage easement being a portion of a 40.00 acre tractof land (by' deed) deeded to D-Dreams, Inc. as; recorded in Document No. 200701 1000142`850 of the Real Property Records of Collin County, Texas, said permanent drainage easement being more particularly described by metes and bounds as follows; COMMENCING at a 1/2 inch iron rod with cap (illegible)' found for the southwest cornet of Lot 1, Block A of Wylie United Methodist Church, an addition to the 'City of Wylie, Collin County, Texas, as recorded in Volume R., Wage 213 of the Map Records of Collin County, Texas, from which a 5/ , inch iron rod with cap (illegible) found for the northwest corner of said Lot 1 bears North 00 degrees 25 minutes 28 seconds West, a distance of 966.77 feet, THENCE South 00 degrees 25 minutes 28 seconds East, with the west lute of said Wylie United Methodist Church, a distance of 56.49 feet to a point for corner in McMillen Road (an undedicated right-of- way), said point being the southwest corner of said Wylie United Methodist Church, said ,point also being; in the south line of'a 199.22 acre tract of land (by deed) deeded to latheryn Skinner as recorded in Document No. 200705140006 8930 of said. Real. Property Records of Collin County, Texas and being ftwther described in Volume 555, Page 68 of the Deed Records of Collin County, Texas; THENCE South 89 degrees 02 minutes 10 seconds West, with the south line of said,199.22 acre tract of land and with said. McMillen Road, a. distance of 739.39 feet to a point for the southeast corner of said 40,00 acre tract of land.; THENCE North 00 degrees 00 minutes 25 seconds East, with the east line of said 40.00 acre tract of land, a distance of 55.66 feet to a R.C.W. marker set for comer in the proposed north right-of-way line of said McMillen load, THENCE South 88 degrees 56 minutes 46 seconds West, with the proposed north right-of-way line of said.. McMillen Road, a distance of 192.88 feet to the POINT OF BEGINNING of the herein described permanent drainage easement; THENCE South 88 degrees 56 minutes 46 seconds West, with the proposed north right-of-way line of said McMillen Road, a distance of 82.82 feet to a point for corner; THENCE North 13 degrees 56 minutes 46 seconds East, a distance of 119.06 feet to a. point for corner; THENCE North 88 degrees 56 minutes 46 seconds East, a distance of 8.82 feet to a point for corner; THENCE South 13 degrees 56 minutes 46 seconds West, a distance of 119.06 feet to the POINT OF BEGINNING and containing 9,525'square feet or 0.219 acres of lend, more or less. Exhibit A Page l of 2 Notes: (1) A plat of every survey date herewith accompanies this legal description, () ..O. . markers along proposed right-of-way line are a 5/8 inch iron rod set with blue cap stamped "ter ONDON "u less otherwise noted. (3) All bearings and coordinates are referenced to the Texas Coordinate System, AD- 3, The North Central Zane 4202, all distancesand areas shown are surface. (4Surveyed on the ground November 2009. E S S S I Date: June 20, 2018 Curtis Sinith OF Registered Professional Land Surveyor , a. a r TI I c s Exhibit A Page 2 of 2 C McMILLEN ROAD FROM McC ; E ARY ROAD TO COUNTRY CLUB ROAD PARCEL No. 9 TE PART 1, McMILLEN ROAD W. PATTER +C N URVEY, ABSTRACT No. 71+ EXHIBIT "A" Being a temporary construction easement situate in the W, Patterson Survey, Abstract No. 716, City of Wylie, Collin County, Texas, said temporary construction easement being a portion of a 40.00 acre tract of land (by deed) deeded to D--Dreams, Inc. as recorded in Document No. 20070131000142850 of the Real Property Records of Collin County, Texas, said temporary construction easement being more particularly described by metes and bounds as follows: COMMENCING at a 1/2 inch iron- rod with cap (illegible) found for the southwest cornet? of Lot 1, Block A of Wylie United Methodist Clntnrch, an addition to the City of Wylie, Collin County, Texas, as recorded in Volume R, Page 21.3 of the Map records of Collin County, Texas, from which a 5/8 inch iron rod with cap (illegible) found for the northwest comer of said Lot I bears North 00 degrees 25 minutes 28 seconds West, a distance of 966.77 feet, THENCE South tltl degrees 25 minutes 28 seconds East, with the west line of said Wylie United Methodist Church, a distance of 56.49 feet to a point for corner in McMillen Road (an undedicated right-of- way), said point being the southwest comer of said Wylie United Methodist Church, said paint also being in the south line of a remainder of a 199.22 acre tract of land (by deed) deeded to Kathevyn Spinner as recorded in Document No. 20 70514 00648930 of said Real Property Records of Collin County, Texas and being further described in Volume 555, Page 68 of the Deed Records of Collin County, Texas; THENCE South 89 degrees 02 minutes 10 seconds West, with the south line of said 199,22 acre tract of land and with said. McMillen Road, a distance of 739,39 feet to a point for the southeast comer of said 40.09 acme tract of land; THENCE North tl degrees 00 minutes 25 seconds East, with the east line of said 40.00 acne tract of land, a distance of 55.66 feet to a R.O.W. marker set for corner in the proposed -north right-of-way litre of said. McMillen load; THENCE South 88 degrees 56 minutes 46 seconds West, with the propose -north right-of-way line of said McMillen Road, a distance of 275.70 feet to the POINT OF BEGINNING of the herein described temporary construction easemen-t, THENCE South 88 degrees 56 minutes 46 seconds West, with the proposed -north right-of-way line of said McMillen Road, a distance of 270,50 feet to a pointfor the beginning of a non -tangent curve to the right having a radians of 902.64 feet, a central angle of 18 degrees 12 minutes 40 seconds and whose chord bears North 80 degrees 05 minutes 20 seconds East, a distance of 285.69 feet T14ENCE with said non -tangent curve to the right, an are length of 286.90 feet to a point for corner, THENCE South`13 degrees 56 minutes 46 seconds West, a distance of 45.54 feet: to the POINT OF BEGINNING and containing 8,118 square feet or 0.186 acres of land, more or less. Exhibit A Page I of 2 Notes; (1) A plat of even survey date herewith accompanies this legal description. (2) R. , : markers along proposed right-of-way line are a 5/8 inch iron rod set with blue cap stamped " ORROND NA" unless otherwise naffed. (3) All bearings and coordinates are referenced to the Texas Coordinate System, NAD-83, The North Central dune 4202, all distances and areas shown are surface, (4) Surveyed can the ground November 2009. Date: June 20, 201 Curtis Smith 0 = Registered Professional Land Surveyor x� No. 5494 CURTIS ,44 Sj C Exhibit A Page 2 of 2 MeMILLEN ROAD T"Rt3rM McC ' ARY ROAD TO COUNTRY CLUB ROAD PARCEL No. 9 TE PART Mc ILLEN ROAD 'i . P"ATTE RSON S"UC `V`E Y, ABSTRACT No.`'71 EXHIBIT "A" Being a temporary construction easement situated in the W. Patterson Surrey, Abstract No. 716, City of Wylie, Collin County, Texas, said temporary construction easement being a portion of a 40.00 acre tract of land (by deed) deeded to ly-Dreams, Inc. as recorded in Document No. 2007 131000142850 of the Deal Properly Records of Collin County, Texas, said temporary construction easement being more particularly described by metes and bounds as follows: COMMENCING at a 1 /2 inch iron rod with cap (illegible) found for the southwest corner of Lot. 1, Bloch A of Wylie United Methodist Church, an addition to the City of Wylie, Collin County, Texas, as recorded in V olunge R, Page 213 of the Map .records of Collin County, Texas, fi-om which a 5/8 inch iron rod with cap (illegible) found for the northwest corner of said Lot 1,' bears North 00 degrees25minutes 28 seconds West, a: distance of 966.77 feet; THENCE South 00 degrees 25 minutes 28 seconds East, with the west line of said Wylie United Methodist Church, a distance of 56.49 feet to apoint for comer in McMillen Road are undedicated right-of- way), said Point being the southwest corner of said Wylie United Methodist Church, said point also being in the south line of a remainder of a 199.22 acre: tract of land (by deed) deeded to l atheryn Skinner as recorded in Document No. 20070514000648930 of said. Real property Records of Collin County, Texas and being further described in Volume 555, Page 68 of the Deed Records ofCollin County, Texas; THENCE South 89 degrees 02 minutes 10 seconds West, with: the south lute of said 199.22 acre tract of land and with said McMillen load, a distance of 73 9.3 9 feet to a point for the southeast corner of said 40.00 acre tract of land, THE NCE North 0 degrees 00 minutes utes 25 seconds East, with the east line of said 40.0 acre tract of land, a distance of 55.66 feet to a R.O.W. marker set for the POINT OF BEGINNING of the herein described teinporary construction easement, said r. ,W. marker being in the proposed north right-of-way line of said McMillen Road THENCE South 88 degrees 56 minutes 46 seconds West, with the proposed north right-of-way litre of said McMillen Road, a distance of 192.88 feet to a point for corner; TI4ENCE North 13 degrees 56 minutes 46 seconds East, a distance of 11 9.06 feet to a point for corner; THENCE North 88 degrees 56 minutes 46 seconds East, a distance of 164.19 feet to a point for corner in the east Hire of said 40.00 acre tract of land, THENCE South 00 degrees 00 minutes 25 seconds West, with the east line of said 40.00 acre tract of land, a distance of 115.02 feet to the POINT OF BEGINNING and containing 20,532 square`feet or 0.471 acres of land, more or less, Exhibit A Page 1 of 2 Notes: s; (1) A plat of even survey date herewith accompanies this legal description. R.O.W. markers along proposed right-of-way lire are a 5l8 inch iron rod set with blare cap stamped " C NDONA" unless otherwise noted, (3) All bearingsand coordinates are referenced to the Texas Coordinate System, NAIL- 3, The North Ventral ,done 4202, all distances and areas shown are surface. (4Surveyed on the ground November 2009. Date: dune 20, 2018 Curtis Smith OF Registered Professional Land Surveyor � ? No. 5494 a % CURTIS SMITH eµ U Exhibit A Page 2-of 2 j McMILLEN ROAD FROM McCREARY ROAD TO COUNTRY CLUB ROAD PARCEL No, 9 McMILLEN ROAD W. PATTERSON SURVEY, ABSTRACT No. 716 EXHIBIT "A" Being a 1.556 acre tract of land situated in the W. Patterson Survey, Abstract No. 716, City of Wylie, Collin County, Texas, said 1.556 acre tract of land being a portion of a 40.00 acre tract of land (by deed) deeded to D-Dreams, Inc. as recorded in Document No. 20070131000142850 of the Real Property Records of Collin County, Texas, said 1.556 acre tract of land being more particularly described by metes and bounds as follows: COMMENCING at a 1/2 inch iron rod with cap (illegible) found for the southwest corner of Lot 1, Block A of Wylie United Methodist Church as recorded in Volume R, Page 213 of the Map Records of Collin County, Texas, from which a 518 inch iron rod with cap (illegible) found for the northwest corner of said Lot 1 bears North 00 degrees 25 minutes 28 seconds West, a distance of 966.77 feet; THENCE South 00 degrees 25 minutes 28 seconds East, with the west line of said Wylie United Methodist Church, a distance of 56.49 feet to a point for corner in McMillen Road (an undedicated right-of-way), said point being the southwest corner of said Wylie United Methodist Church, said point also being in the south line of a 199.22 acre tract of land (by deed) deeded to Ifatheryn Skinner as recorded in Document No. 20070514000648930 of said Real Property Records of Collin County, Texas and being further described in Volume 555, Page 68 of the Deed Records of Collin County, Texas; THENCE South 89 degrees 02 minutes 10 seconds West, with the south line of said 199.22 acre tract of land and with said McMillen Road, a distance of 739.39 feet to the POINT OF BEGINNING of the herein described 1.556 acre tract of land, said point being the southeast corner of said 40.00 acre tract of land; THENCE South 89 degrees 02 minutes 10 seconds West, with the south line of said 40.00 acre tract of land and with said McMillen Road, a distance of 1239.99 feet to a point for the southwest corner of said 40.00 acre tract of land, said point being the southeast corner of a 112.18 acre tract of land (by deed) deeded to Pamela Joe Thronburg as recorded in Document No. 20100416000373400 of said Real Property Records of Collin County, Texas; THENCE North 00 degrees 12 minutes 47 seconds East, with the west line of said 40.00 acre tract of land and with the east line of said 112.18 acre tract of land, a distance of 53.71 feet to a R.O.W. marker set for coiner in the proposed north right-of-way line of said McMillen Road; THENCE North 88 degrees 56 minutes 46 seconds East, with the proposed north right-of-way line of said McMillen Road, a distance of 1239.83 feet to a R.O.W. marker set for corner in the east line of said 40.00 acre tract of land; Exhibit A Page 1 of 2 THENCE South 00 degrees 00 minutes 25 seconds West, with the cast line of said 40.00 acre tract of land, a distance of 55.66 feet to the POINT OF BEGINNING and containing 67,791 square feet or 1.556 acres of land, more or less. Notes- (1) A plat of even survey date herewith accompanies this legal description, (2) R.O.W. markers along proposed right-of-way line are a 5/8 inch iron rod set with blue cap stamped "GORRONDONA" unless otherwise noted. (3) All beatings and coordinates are referenced to the Texas Coordinate System, NAD-83, The North Central Zone 4202, all distances and areas shown are surface. (4) Surveyed on the ground November 2009. Date- March 14, 2014 Curtis Smith Registered Professional Land Surveyor No. 5494 Exhibit A Page 2 of 2 !• f iM ! ih®� � . ' r I dM w � p r . a r. r }y City of Wylie EXH!Brr SHOWING ACQUISITION OUT OF A III 40-00 ACREOF D W. PATTERSON SURVEY, ABSTRACT NO. 716 CITY SrrUATED IN THEWYLIEi COLLIN COUNTY, TEXAS AS RECORDED DOCUMENT NO20070131000142850 —ACQUISITION LOCATION SUBJECT TRACT & LOCATION OF ACQUISITION 112AS ACRES (BY DEED) PAMELA jOE THRONBURG DOCUMENT Na. 20100416000373400 R,PR.C.C.T. 53 71 EXHIBIT 9, 97 PARCEL No. 9 40.00 ACRES (BY DEED) D—DREAMS, INC. DOCUMENT NO. 2007013100014 850 R..R.C.C.T. RIGHT-OF-WAY ACQUISIT ON AREA 67,791 SO. FT. ;O 1.556 ACRES SET R.OX PROPOSED MARKER RIGHT—OF—WAY N 6� 5646"E 1 9,83' .......... — 69`I7 ° 1 d�"!N I LROAD 1239.99" _ (AN UNDEDICATED RIGHT-OF-WAY) i EXISTING RIGHT—OF—WAY LOT.. 9 LOT 8 LOT 1 C1 FARMS 61 c � P� NOTESI t A LEGAL DESCRIPTION OF DATE ACCOMPANIES THIS PLAT� ROW MMkERS! PROPOSED - !F-WAY LINE ME A 5/8" !RON -!! SET WITH BLUE CAP SIAMPED i i.! NOTED. I ALL BEARINGS AND COORDINATES .. REFERENCED Ti THE TEXAS COORDINATt SYSTEM, NAD-83, THE NORTH CENTRAL ZONE 4202, ALL DISTANCE$ AND AREAS SHOWN ARE SURFACE 11 ,0 SCALE IN FEET SHOWING City Of Wj�/ie ExHjBrr ACQUISITION OUT 40.00 COUNTY,SITUATED IN THE CITY OF WYLIE, COLLIN RECORDEDAS rli 0070131000142850 REAL PROPERTY RECORDS COLLIN COUNTY, ", Wr`.:; / )...... ir-1" 4';,. AYE.. JRTIS SMITH 11 & ASSOCIATES, INC. Me . ILLE I ROAD F ROM McCREARY ROAD TO COUNTRY CLUB ROAD PARCEL No. IQ ` E McMILLEN ROAD W. PA.TT RSON SURVEY,ABSTRACT No. 716 EXHIBIT "A" Being a temporary construction easement situated in the W. Patterson Survey, Abstract No. 716, City of Wylie, Collin County, Teas, said temporary construction easement being a portion of the remainder of a 199.22 acre tract of land deeded to 1 atheryr Skinner as recorded in Document No. ,20070514000648930 of the Real Property Records of Collin County, Texas and being further described in Volume e 555, Page 68 of the feed Records of Collin County, Texas, said temporary construction easement being more particularly described by metes and bounds as follows: COMMENCING at a point for corner in the proposed north fight -of -way luxe of McMillen Road tan undedicated ,right-o way}, said point beingin the west` line of Lot 1, Bloch A of Wylie United Methodist Church, an addition to the City of Wylie, Collin County, Texas, as recorded in Volume R Page 213 of the Map Records of Collin County, Texas, fg°orn which a l i2' inch iron rod With cap (illegible) found for the southwest comer of said. Lot 1 bears ,South 00 degrees 25 minutes 28 seconds :bast, a distance of 0, 3 feet and from which a 5/8 inch iron rod with cap (illegible) found for the northwest comer of said. Lot l bears North 00 degrees 25 minutes 28 seconds West, a` distance of 966,45 feet, THENCE South 88 degrees 56 minutes 46 seconds West, with the proposed north: right -of` way line of said McMillen Road, a distance of 408. 3 feet to the POINT OF BEGINNING of the herein described temporary construction easement; TIIENCE'South 88 degrees 56 minutes 46 seconds West, with the proposed north right-of-way line of said McMillen Road, a distance of 330.06 feet to a 1 . .W, marker set` for coiner in the cast line of a 40.00 acre tract of land (by deed) deeded to fi-breams, Inc. as regarded in Document No. 200701.31000142850 of said Real Property Records of Collin County, Texas; THENCE North: 00 degrees 00 minutes 25 seconds East, with the east line of said 40.00 acre tract of land, a distance of 19 5,03 feet to a point for corner; THE, N E North 88 degrees 56 minutes 46 seconds East, a distance of 330.06 feet to a point for come; THE NCE South 00 degrees 00 minutes ; 25 seconds' West; a distance of 195.03 feet to the POINT OF BEGINNING and containing 64,361' square feet or 1.478 acres of land, more or less, Exhibit A Page l of 2 Notes- (1) A plat; f even sunray date herewith accompanies this legal description; () R, . « markers along proposed right-of-way line are a 5/8 inch iron rod set with blue cap stamped "GORRONDONA" unless otherwise noted, () All bearings and coordinates are referenced to the Texas Coordinate System, NAD- 3, The North Central Zone 4202, all distances and areas shown are surface. (4) Surveyed on the ground November 2009. Date; Junc 20, 2t11 Curtis Smith OF No4d'Professional l Land Surveyor o4sr a4 Exhibit A Page 2 of 2 ` MCMILLEN ROAD FROM McCREARY ROAD TO COUNTRY CLUB ROAD PARCEL No.10 McMILLEN ROAD W. PATTERSON SURVEY, ABSTRACT No. 716 EXHIBIT "A" Being a 0.954 acre tract of land situated in the W. Patterson Survey, Abstract No. 716, City of Wylie, Collin County, Texas, said 0.954 acre tract of land being a portion of the remainder of a 199.22 acre tract of land deeded to Katheryn Skinner as recorded in Document No. 20070514000648930 of the Real Property Records of Collin County, Texas and being further described in Volume 555, Page 68 of the Deed Records of Collin County, Texas, said 0.954 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at a point for coiner in the proposed north right-of-way line of McMillen Road (an undedicated right-of-way), said point being in the west line of Lot 1, Block A of Wylie United Methodist Church as recorded in Volume R, Page 213 of the Map Records of Collin County, Texas, from which a 5/8 inch iron rod with cap (illegible) found for the northwest comer of said Lot 1 bears North 00 degrees 25 minutes 28 seconds West, a distance of 966.45 feet; THENCE South 00 degrees 25 minutes 28 seconds East, with the west line of said Lot 1, passing at a distance of 0.33 feet, a 1/2 inch iron rod with cap (illegible) found for the southwest corner of said Lot 1, in all, a distance of 56.81 feet to a point for corner in the south line of said 199.22 acre tract of land, said point being the southwest corner of said Wylie United Methodist Church as recorded in Volume R, Page 213 of said Map Records of Collin County, Texas, said point also being in said McMillen Road; THENCE South 89 degrees 02 minutes 10 seconds West, with the south line of said 199.22 acre tract of land and with said McMillen Road, a distance of 739.39 feet to a point for the southeast corner of a 40.00 acre tract of land (by deed) deeded to D-Dreams, Inc. as recorded in Document No. 20070131000142850 of said Real Property Records of Collin County, Texas; THENCE North 00 degrees 00 minutes 25 seconds East, with the east line of said 40.00 acre tract of land, a distance of 55.66 feet to a R.O.W. marker set for corner in the proposed north right-of-way line of said McMillen Road; THENCE North 88 degrees 56 minutes 46 seconds East, with the proposed north right-of-way line of said McMillen Road, a distance of 738.98 feet to the POINT OF BEGINNING and containing 41,565 square feet or 0.954 acres of land, more or less. Exhibit A Page 1 of 2 (1) A plat of even survey date herewith accompanies this legal description. (2)'R.O.W. markers along proposed right-of-way line are a 518 inch iron rod set with blue cap stamped "GORRONDONA" unless otherwise noted, (3Y' ' _All bearings and coordinates are referenced to the Texas Coordinate System,' The all ' ' *' North Central-�Zone4202, ^�distancesareas shown -�e ' �4�'- �n ~.' Surveyed__ * -_ground _November _-_~, , ^ T)&1e: March 31,20V4 ' - Curtis Smith Registered Professional Land Surveyor No. 5494 EXHIBI 19 !1a PARCEL No. 10 AN LOCATION SUBJECT TRACT+ C7' LOCATION OF ACQUISITION . K� a uo 0 Z� O 4y Q w Lo u cq to r 0 SET I'ER IN MARKER z REMAINDER OF 199.22 ACRES (BY DEED) KATHERYN SKINNER DOCUMENT No. 20070514000648930 R.P.R.C.C.T. VOLUME 555, PAGE 68 C.R.C.T. FND 5/8„IP W/CAP{ILLEGPBLE) I LOT 1 �I z t i EA OR i i• --i- i ii a i as a, r i 0 yiie ib 60ONTRY tLOB ROAD 09 SHOWINGEXHIBIT ACQUISITION OUT OF 199.22 ACRE TRACTOF SITUATED IN THE PATTERSON SURVEY, ABSTRACT No. 716 CITY OF # AS RECORDED IN DOCUMENT -No. i! ! 0i0s ;• ! REAL PROPERTY RECORDS OF iCOUNTY, �.,W-' IV211 130111192 McMILLEN ROAD FROM MeCREARY ROAD TO COU'N,rRY CLUB ROAD PARCEL No. 11 PE PART eMI LLEN ROAD EXHIBIT "A" Being a permanent slope easement out of Lot 7 of McMillen Faraus, an addition to the City of Wylie, ',ollin County, `Texas as recorded in Volume H page 621 of theMap Records'ofCollin, County, Texas, said Lot 7 lading deeded to Joel Jordan and Karen B. Jordan as recorded in Document ' No. 93-0023518 of the Real Property Records of Collin County, Texas, said permanent slope casement being more particularly described by metes and bounds as follows: BEGINNING at'a 3/8 inch iron read found for the northwest comer of said Lot 7, said 3/ inch iron i od being the northeast comer of Lot 8 of said McMillen Farn s, said 3/8 inch iron read also being in the south right-of-way line of McMillen Road (a variablewidth riglt;t-of-w y), f'roaaa which a 1/2 inch iron rod found for the northwest corner of Lot 9 o.1 said MeMillen f°arinis hears Beauty 88 degrees 56 minutes 46 seconds West, a distance of ` i1.;3` lcet, :said 1/2 inch iron mead lacing the notthe st corner of Brat 10 ref" said McMillen Farms, said 1/2 inch iron rind also being in the south ri lit -of- a line of said McMillen Road; THENCE North 88 degrees 56 minutes 46 seconds East, with the noi'-1h line of said Lot 7 and with the south right-of-way line o said McMillen Road, distance of t43.74 feet to a point for corner; T]IIENCE South tll degrees 03 minutes 14 seconds fast, a distance of 15,,00 feet to a point1lor comer; TIIi� NCE South 88 degrees 56 minutes 46' seconds West, a distance of 143.87 feet to a point for corner in the Nest line of said Lot 7, said point being in the cast live of: said Lot ; THENCE, forth 00 degrees 34 minutes 07 seconds West, with the west line of said Lot .7 and with the cast lino of said Brat 8, a distance of 15,00 feet to the, POINT OIL BEGINNING and containing 2,157 square tract or 0.050 acres of land, more or less. Exhibit A Page l of Notes: (1) A plat of even survey date herewith accompanies this legal description. () 1 , .W. markers along proposed ri hCffi l=r ay line are a 5/8 inch iron tod set with blue cap stamped "GORRONDON " unless otherwise noted. {) All beatings and coordinates are referenced to the Texas Coordinate System, NAD-8 , The North Central Zone 4202, all distances and areas shown are url = 4) Surveyed on the ,grc ujid November 2009, Date: December 11, 20J Curtis Smith OF Re.gistered Land Surveyor No. 5494 ke CURTIS SWTH � 5494°a U gNj Exhibit A Fags 2 of ACCUISITION LOCATION PARCEL No. I I PE PART f I PEARI TAN SUBJECT TRACT L-1 � E � 41 i - LOCATION OF ACQUISITION L� blt3 14 E 15JJO 6 L-3 8• 4 43.7 L-4 N 00°4 O v .0� 40,00 ACRES (BY DEED) D-DREAMS, INC. 0 1 t)OCUM NT Nth, 200701 1000142860 .w� .._ � R.F`.R.C.CJ. 6m SCALE IN FEET P. 0. . END f1'IR ¢�E�;O uNE (APPROXIMATE CENTeR;NF ROAD RIGHT-OF-WAY `�Af i LL WIC w� F I T —WAY L i PERMANENT SLOPLOT 10 I LOT O LOT EASEMENTEAREA 0 ; I 2,157 M FT. OR 0.050 ACRES 60 l mill ' LOT 7� 0 At' • JOEL JO OAN AND DOCUMENT NO, 3 00 3 1 .....T, I CST 1 —A city 0 ri wylie ._,._. 300 COUNTRY CLUB ROAD - WYLIE, TEXAS 75098 EXHIBIT SHOWING PERMANENT SLOPE EAEMENTT. CUT of LOT 7`"'' Fmk' OF . MCMILLEN FARMSAN ADDITION TO THE CITY OF WYLIE, COLLIN COUNTY, TEXAS° ` � 1 � , AS RECORDED 1N ? VOLUME FI, PAGE 621 MAP RECORDS, COL.LIN COUNTY, TEXAS n JARE FEET OR O�050 ACRES .. • a.. AFAMIl FAA McMILLEN ROAD FROM McCREARY ROAD TO COUNTRY I` RY CLUB ROAD PARCEL No. It PE PART 2 McMILLEN ROAD LOT 7, MeMILLUN FARMS EXHIBIT 66A " Being a permaaaaerat slope casement out of Lot 7 of McMillen F rins, an addition to the City o Wylie, Collin County, Texas as recorded its Volume H, Paa 1 of the Haab Records of Collin County, Texas, said Lot 7 being deeded to Joel Jordan and Karen 8. Jordan as recorded in Document No. 93-0023519 of the DealProperty Records of Collin (.'.'o ataty, Texas, said permanent slope casement being niore particularly described by metes and bounds asfollows: COMMENCING alME C'IN at as 3/8 inch iron rod found for the northwest comer of said Lot 7, said inch iron raid being, the northeast corner ofL of 8'(if said McMillen Faaraais, said inch iron rod also being in the south right-of-way Luse of McMillen Road aa: variable width ri ltt-caf-wtay , friars which as 1/ inch iron rod found for the northwest comer of Lot 9 of said McMillen Farm,s bears South, 88 degrees 56 minutes 46 seconds West, of distance of 520.32 feet, said 1 inch iron rod being the northeast comer ofLot 10 of'said McMillen Farms, said 1/2 inch iron rod aalsd being in the south right-of-way line of said McMillen, Road; 'ri4,lSNCE North 88 degrees 56 minutes dh seconds East, with the north line of said Lot 7 and with the south right-of-way lime of said 1 fel illeaa Road,; as distance of 21834 feet to the POINT OF 13EGINNING of the herein described Permanent slope easement; THENCE North 88 degrees 56 minutes 46 seconds East, with the north line of said Brat 7 and with the south, right-of-way line of said cMillen Read, as distance of41 A8 feet to pint for the, northeast corner of said Lot 7, said point being the a oi-thwe; t corner of Lot l-I of McMillen Estates, an, addition to the. City of'i ylic, C4crllaaa C catara y, Texas, s recorded in Volume 1, Page 71 9 of said Map Records of Collin aunty, Texas, s, THENCE South 00 degrees 34 ruin tes 07 seconds East, with the cast lime of said Lot 'fly and with the west line of said bast 1-1, as distance of0.15.00 {e t to aa, point for corner; TII 1 C E South 88 degrees 56 minutes 46 seconds Waist, as distance of 41.35 feint to aa, point for corner" THENCE North 01 degrees 03 minutes 1 ' seconds West, as distance of 15.00 feet to the POINT OF BEGINNING and containing 621 square feet or 0.014 acres ofland, more or less. L.il)iL)it A Page 1 df° Notes t) t &plat of even survey date herewith accompanies this legal description. ) R.O.W. markers along proposed right-of-way list are a 5/8 inch iron rock set with blue cap stamped "GORRO DONA" unless otherwise noted. All hearings and coordinates are ref rneed to the 'rexas Coordinate Systern, NAD-83, The North Central Zone 4202, all distances and areas shown are surface. ) Surveyed on the ground November 2009. t Date: December 1 t, 2018 4 9�� .04.. '° Curtis Smith OF Registered professional l ad.,_ Surveyor Pa�r;� No. 5494 CU `TIS WTH �44 <,< Exhibit A Page 2 of 2 ACQUISITION EXHIBIT "B'" LOCATION PARCEL ". . It ' PE PART 2 rI0034 � N 8 LOCATION II ITN x 1. 3 L-4 ICI 01•03 14 �r 1 �Q( 40.00 ACRES (BY OI`FO) 150 1,50 DOCUMENT NO. 2007011310001 2850 R.P.R.CXX. SCALE IN FEET . O. B. OFED LINE (APPROXIMATE C EENTER OF ROADS EXIS"iNG � MEWLENAffL 1 N ss°°s"E RIGHT-OF-WAY V, IABL WIDTH RIGHT -OF FIND 3 &"IR ' PERMANENTSLOP�a LOT I� I LOB" E LOT 8 EASEMENT E AREA, � � 1 Sty. FT. OR I 0.014 ACRES LOT 7 OLVO11'c JOEL JORDAN AND KAREN EL JORDAN DOCUMENT NO. 93-0023518 R... , ,T. LOT 1- NQTES. 1. A LEGAL DESCRI ON OF EVEN DATE ACCOMPANIES THIS PLAT`. 2. ROW MARKERS AL NO PROPOSED RIGHT-OF-WAY LINE ARE A 518r IRON ROD SET WITH BLUE CAP STAMPED ''GORRONDOW UNLESS OTHERWISE NOTED, .. ALL BEARS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM.' NAO-83,, THE NORTH CENTRAL ZONE 4202, ALL DISTANCES AND AREAS SHOWN ARE SURFACE F. ' SUM] ON THE GROUND NOVEM BER 2009. City oF Wylie 300 COUNTRY CLUB ROAD W WYLIL, TEXAS 75098 ExHIBN7 SHOWING A , I PERMANENT SLOPE EASEMENT ;yy� „.„'` r. OU I LOT 7 or I e McMILLEN FARMS AN ADDITION TO THE CUIR MIII � CITY OF WYLIE, COLLIN COUNTY, TEXAS a AS RECORDED IN 5494 VOLUME H, PAGE 621 MAP RECORDS, COLLIN 'COUNTY, TEXAS PROJECT:, McMILLEN ROAD F1 FROM Mc REARS ROAD TO OUNTRY CLUB ROA� A SQUARE UI ITION AREA: 1 FEET OR 0,014 ACRES CURTIS SMITH JOB No. 03-3568 T1RAV N BY. RCS CAD FILE: 11 PE PT2,DWG REG1S ED PRC1> ESSI�INAL LAND SURVEYOR DATE: DECEMBER 1i, 2Q1B CHI B PACE 1 OF 1 S ALE: 1- 1-50' NO. 5494 TEXAS FIRM No. it71i7SBBp GQRRONDONA ASSOCIATES, INC. 752 .TACK NEWELL BOULEVARD SOUtH FORT NORTH, TIC. 761113 817�-496-142 FAX 817- BB-17SS McMILLEN ROAD FROM McCREARY ROAD TO COUNTRY CLUB ROAD PARCEL No. XX PE McMILLEN ROAD LOT 7, McMILLEN FARMS EXHIBIT "A" Being a permanent drainage easement out of Lot 7 of McMillen Farms, an addition to the City of Wylie, Collin County, Texas as recorded in Volume H, Page 621 of the Map Records of Collin County, Texas, said Lot 7 being deeded to Joel Jordan and Karen B. Jordan as recorded in Document No. 93-0023518 of the Real Property Records of Collin County, Texas, said permanent drainage easement being more particularly described by metes and bounds as follows: COMMENCING at a 3/8 inch iron rod found for the northwest corner of said Lot 7, said 3/8 inch iron rod being the northeast corner of Lot 8 of said McMillen Farms, said 3/8 inch iron rod also being in the south right-of-way line of McMillen Road (a variable width right-of-way), from which a 112 inch iron rod found for the northwest corner of Lot 9 of said McMillen Farms bears South 88 degrees 56 minutes 46 seconds West, a distance of 520.32 feet, said 112 inch iron rod being the northeast corner of Lot 10 of said McMillen Farms, said 1/2 inch iron rod also being in the south right-of-way line of said McMillen Road; THENCE North 88 degrees 56 minutes 46 seconds East, with the north line of said Lot 7 and with the south right-of-way line of said McMillen Road, a distance of 143.74 feet to the POINT OF BEGINNING of the herein described permanent drainage easement; THENCE North 88 degrees 56 minutes 46 seconds East, with the north line of said Lot 7 and with the south right-of-way line of said McMillen Road, a distance of 75.00 feet to a point for corner; THENCE South 01 degrees 03 minutes 14 seconds East, a distance of 55.00 feet to a point for corner; THENCE South 88 degrees 56 minutes 46 seconds West, a distance of 75.00 feet to a point for corner; THENCE North 01 degrees 03 minutes 14 seconds West, a distance of 55.00 feet to the POINT OF BEGINNING and containing 4,125 square feet or 0.095 acres of land, more or less. Exhibit A Page 1 of 2 (1) A plat of even survey date herewith accompanies this legal description. (2) R.O.W. markers along proposed right-of-way line are a 5/8 inch iron rod set with blue cap stamped "GORRONDONA" unless otherwise noted. (3) All bearings and coordinates are referenced to the Texas Coordinate System, NAD-83, The North Central Zone 4202, all distances and areas shown are surface. (4) Surveyed on the ground November 2009. Al, Curtis Smith Registered Professional Land Surveyor No. 5494 Exhibit A Page 2 of 2 EXHIBIT 1,9 91 LINE TABLE ACQUISITION LINE BEARING I DISTANCE LOCATION PARCEL No. I I PE L-1 N 88'56'46"E 1 75.00' L-2,;. S i11'Q3 1 ~q E 55.OD L-3 S 88'56"46" W 75.00' L 4 N 01' i3'14'`W 1 55,00' SUBJECT TRACT & LOCATION OF ACQUISITION '°° 40.00 ACRES (BY DEED) D—DREAMS; INC, DOCUMENT NO. 20070131000142850 15 7 0 150 R.P.R.C.G.7. iii SCALE IN FEET DEED LINE (APPROXIMATE CENTER OF ROAD) I�'I EXISTING cMILL.EN ROAD P. 0. B. RIGHT-OF-WAY (A VARIABLE WIDTH RIGHT-OF-WAY) L � FND 1/2°°IR S E8'56'46"W 520.32 N 88`56`46"E „t, cV 143,74' I I FND 3/8"iR tn PERMANENT DRAINAGE i Ea [ LOT 9' LOT 8 ( EASEMENT AR LOT 1 C 4,125 SC?, FT. CR � W I 0.095 ACRES PAS LOT 7 'Vottf.14,C C.T. JOEL JORDAN AND KAREN B. JORDAN DOCUMENT NO. 9 -002 518 L' R.P.R.C.C.T. I C)T w —)A NOTES: DESCRIPRON OF EVEN DATE ACCOMPANIES WITH 13WE .. i•`i i i.. D. 1 ALL BEARIINGS AND cooRbiNATEs ARE REFERENCED TO THE TEXAS INAM . i... !' • ! i i. AREAS SHOWN 4. SURVEYED ON THE GROUND NOVEMBER 2009, ';ty of Wylie III` OF YI IE 300 COUNTRY CLUB ROAD + WYLIE„ TEXAS 75098 EXHIBIT ASHOWING + PERMANENT DRAINAGE EASEMENT "h LOT 7 OF r ? e l McMIL..LEN FARMS AN ADDITION TO THE C TI S S I~!I Y g k� CITY OF WYUE, COLLIN COUNTY,TESTA AS RECORDED IN VOWME H, PACE 521 ss MAP RECORDS, COLL.IN COUNTY", TEXAS PROJECT: McMILLEN ROAD FROM McCRE ARY ROAD TO COUNTRY CLUB ROAD s ACQUISITION AREA: 4,125 SQUARE FEET OR 0,095 ACRES w CUBITS JOB No. 0903-3568 DRAWN BY: JPH CAD FILE: 11 DRAIN.DWG MITI) REGISTERED PROFESSIONAL LAND SURVEYOR' DATE: MARCH 31, 2014 EXHIBIT 8 PAGE 1 OF 1 SCALE: 1 = 15O' NO. 5494_ TEXAS FIRM N5. 10106900 GORRONDONA & ASSOCIATES, INC.. 7524 JACK NEWEL I BOULEVARD SOUTH FORT WORTH, TX. 76118 • 817-496-1424 FAX 817-496-1768 c :ILLI N ROAD FROM McCREARY ROAD TO COUNTRY CLUB ROAD PARCEL No. 1 cMILL N ROAD LOT 9, McMILLEN FARMS EXHIBIT " Being a temporary construction easement out of Lot 9 of McMillen Farms, an addition to the City of Wylie, Collin County, Texas as recorded in Volume hl,Page 621 of the Map Records of Collin County, Texas, said Lot 9 being deeded to Steven M. Bullock and Debra 1 . Bullock as recorded is Document No. 93-0026198 of the Deal Property Records of Collin County, Texas, said temporary construction easement bein.g more particularly described by metes and bounds as fullers: BEGINNING at;a 1/2 inch iron rod found .for the northwest corner of said. Lot 9, said 1/2 inch iron rod being the northeast corner of Lot 10 of said McMillen Farms, said 1/2 inch iron rod also being its the south right-of-way line of McMillen Road a variable width right-of-way); "THENCE North 88 degrees 56 minutes 46 seconds East, with the north line of said.. Lot 9 and with south right-of-way line of said McMillen Road, a distance of 260.11 feet to a point for the; northeast canner of said Lot 9, said point being the northwest' comer of Lot 8 of said McMillen Farms, fi°om which a 3/8 inch iron rod found for the northeast corner of said. Lot 8 bears North 88 degrees 56 minutes 46 seconds Bast, a distance of 0.21 feet, said. 3/8 inch iron rod being the northwest coiner of Lot 7 of said. McMillen Farms, said 3/8 inch iron rod also being in the south right-of-way lime of said McMillen Road, "THENCE South 00 degrees 34 minutes 07 seconds West, with the east line of said. Lot 9 and with the west line of said 'Lot 8,'a distance of IS ,tltl`feet to a paint for corner, THENCE :South 88 degrees 56 urinutes 46 seconds Nest, a distance of 260.1 l feet to a point for corner in the west line of said Lot 9, said point being in the east line of said Lot 10; THENCE North'00 degrees 34 minutes 07 seconds East, with the west line of said Lot 9 and with the: east line of said Lot 10, ;a distance of 15.00 feet to the POINT OF BEGINNING and containing 3,902 square feet or 0.090 acres of land, more or less. Exhibit A adage 1 of Notes: (l) A plat of even survey date herewith accompanies this legal description. (2) R.O.W. markers along proposed right-of-way line are a 5/8inch iron rod set with blue call stamped "CT 9 C: NA" -u less otherwise noted. All bearings and coordinates are referenced to the Teas Coordinate System, NAD-83, The North Central Zane 4202, all distances and areas shown are surface, (4) Surveyed on the ground November 2009, Date. June 2, 21 r Curtis Smith F Registered Professional Land SurveyorNo. 5494 CURTIS WTH 494SU � 1 Exh 'bit A page 2 of 2 eMILL,EN ROAD FROM eC: { ARY ROAD TO COUNTRY CLUB ROAD PARCEL No. 13 TE McMILLE ROAD LOT 8, McMILLEN FARMS EXH1131T "All Being a temporary construction casement out of Lot 8 of McMillen Farms, an addition to the City of Wylie, Collis County, Texas as recorded in Volume f1,; Page 621 ofthe leap Records of Collin County, Texas, s, said. Lot 8 being deeded to Bullock Family Living Trost as recorded in Volume 4412, Page 1488 of the; laced Records of Collin County, Texas, said temporary construction easement being more particrularly described by notes and bounds as follows: BEGINNING at a 3/8 hick iron rod found for the northeast corner of said Lot; , said 3/8 inch iron rod being the northwest corner of Lot 7 of said McMillen Fa Zs, said 3/8 hick iron rod also being in the south right-of-way line of McMillen Toad a variable width right-of-way); THENCE South tad degrees 34 minutes 07 seconds East, with the east line of said. Lot 8 and with west line of said Lot 7, a distance of 15.00 feet to a point for corner THENCE South 88 degrees 56 minutes 46 seconds West, a distance of 260.21 feet to a pointfor corner in the west line of said. Lot 8, said point being in the east line of Lot 9 of said McMillen Farms; THENCE North 00 degrees 34 minutes 07 seconds West, with the west line of said Trot 8 and with the east line of said. Lot 9, a distance of 15.00 feet to a point for the northwest corner of said Lot 8, said point being the northeast corner of said Lot 9, said point also being in the south right-of-way line of said McMillen Road, from which a 1/2 itch iron rod found for the northwest coiner of said Lot 9' bears South 88 degrees 56 minutes 46 seconds West, a distance of 260.11 feet, said. 1/2 inch iron rod being the northeast coiner of Lot 10 of said McMillen Farms, said 1/2 inch iron road also being in the south tight -of -way line of said McMillen Road, THENCE North 88 degrees 56 minutes 46 seconds East, with the north line of said. Lot 8 and with the south right-of-way line of said McMillen. load, a distance of 260.21 feet to the POINT OF 13EGI 1W 1" G and containing 3,903 square feet or 0.090 acres of land, more or less. Exhibit A rage 1 of 2 Notes: (1) A plat of even survey date herewith accompanies this legal description ) R.O.W. markers along proposed right-of-way lire are a 5/8 inch hors rod set with blue cap stamped "GO R %IDONA" unless otherwise noted. ) All bearings and coordinates are referenced to the Texas Coordinate System, NAD-83, The North Central Zone 4202, all distances and areas shown aTe surface. (4) Surveyed on the ground November 2009, Date; June 26, 2018 Curtis Smith Registered Professional Laid Surveyor F No. 5494 CURTIS SMITH 5494 tss..„ U Exhibit A Page 2 of Meeting Date: June 11, 2019 Department: Prepared By: Planning Jasen Haskins Date Prepared: June 1, 2019 Wylie City Council Item Number: 4 Account Code: Exhibits: 6 (City Secretary's Use Only) Hold a Public Hearing and consider, and act upon, an amendment to Planned Development 2017-11, Section 5.5.f to set forth 20' front yard setbacks on lots 5-19, 39 and 40 of Block K of Woodbridge Phases 21 and 22, generally located southeast of the intersection of McCreary Road and Hensley Lane. ZC 2019-07 Motion to approve an amendment to Planned Development 2017-11, Section 5.5.f to set forth 20' front yard setbacks on lots 5-19, 39 and 40 of Block K of Woodbridge Phases 21 and 22, generally located southeast of the intersection of McCreary Road and Hensley Lane. ZC 2019-07 Owner: Woodbridge North Commercial I LTD Applicant: Herzog Development, LLC The applicant is requesting to amend an existing Planned Development Ordinance to allow for 20' front yard setbacks on lots 5-19, 39 and 40 of Block K of Woodbridge Phases 21 and 22. The proposed amendment, Section 5.5.f to the development standards of the PD, will adjust the setbacks from 25' to 20' on 17 lots in Phases 21 and 22 of the development. All of the subject lots are on the southern end of the phases and back up to open space inside Sachse city limits. The applicant has requested for this amendment as homebuilders have asked for a reduced front setback to these lots due to the lot depth not being as deep as initially expected. The Preliminary Plat set the average depth of the above mentioned lots at around 120'. On the final plat, an adjustment to an exterior lot line on the west side of the property reduced the depth of the lots to about 114'. The current Planned Development Ordinance allows for 15' front yard setbacks for homes that are constructed with side entry garages but would limit the elevation variations. Notification/Responses: Twenty -Nine (29) notifications were mailed; with one response returned in favor and no responses returned in opposition at the time of posting. P&Z Commission Discussion The Commission recommended approval 6-0. Page 1 of 1 LEGAL DESCRIPTION ZONING TRACT 2 53.716 ACRES BEING a tract of land situated in the W.M. SACHSE SURVEY, ABSTRACT NO. 835, City of Wylie, Collin County, Texas and being part of that tract of land described in Deed to Woodbridge North Commercial I, Ltd., as recorded in Volume 5971, Page 1125, Deed Records, Collin County, Texas and being more particularly described as follows: BEGINNING at a point for the common northwest corner of that tract of land described in Deed to Woodbridge North I, Ltd., as recorded in Volume 5579, Page 1102, Deed Records, Collin County, Texas and an exterior ell corner of said Woodbridge North Commercial I, Ltd. tract; THENCE South 00 degrees 22 minutes 07 seconds East, a distance of 653.27 feet to a point for corner; THENCE South 88 degrees 05 minutes 57 seconds West, a distance of 2,196.55 feet to a point for corner; THENCE North 43 degrees 24 minutes 46 seconds West, a distance of 341.96 feet to a point for corner; THENCE North 01 degrees 56 minutes 58 seconds West, a distance of 369.04 feet to a point for corner at the beginning of a curve to the left having a central angle of 25 degrees 12 minutes 14 seconds, a radius of 910.00 feet and a chord bearing and distance of North 12 degrees 33 minutes 07 seconds West, 397.08 feet; THENCE Northerly, with said curve to the left, an arc distance of 400.30 feet to a point for corner; THENCE North 89 degrees 50 minutes 27 seconds East, a distance of 2,463.14 feet to a point for corner; THENCE South 00 degrees 22 minutes 13 seconds East, a distance of 286.28 feet to a point for corner; THENCE North 89 degrees 17 minutes 59 seconds East, a distance of 60.02 feet to the POINT OF BEGINNING and containing 53.716 acres of land, more or less. 15037DESC-ZONING-TR2-53.716AC.doc Page 1 of 1 \ \ 1 5 BL.- 4 3 2 22507 22506 22504 BLOCK BLOCKA -- r' 1 23 24 25 26 27 28 29 30 36 37 38 39 40 41 42 43 44 45 21 � I 22 31 32 33 35 20 �� — - - -- - -- — - _ -- ---- -- ---- -- ---- ` 19 —' AMBER WAVES LANE 1 \ 18 / n E ~+ ~ ~ l \ \ 34 BLOCK A 16 17 39 v / BLOCK 5 Till, 152 3 4 5 6 7 8 9\/ 1 2 3 4 - BLOCK of // 22 ' i1 i' � I 10 11 \�\ � � \ 38 6 i 14 1 I ( 12 \ cK E 37 r I 21 30 29 28 27 26 ) 25 24 23 22 13 � 27 ( �' 1 13 i j { 21 � \ 26 �-- 36 i 2 -- --- - - - -- - ---- 4 I �"_- _" 1 l� 8 ( -- ------ l' I etoc�ie TRAILING VINES BEND 20 12 I i i i 3 - ` 19 25 35 \ �r -� --- �` 15 � g � � I --- - --- - 11 I 4 19 1 2 3 4 5 6 7 8 18 \ ( 34 ; BLOCK 9 16 24 10 1 o 18 1 10 \ \ -- ' L ---------- j 33 �I i 10 I z 5 - -- r` 17 11 - - - r- wI BLOCK 9 'ID 17 I 11 _ 1 6 19 18 17L16J15 14 13 12231222I 816 - - --- -- -... �- BL K 21 ( 31 -- -- - 20 r -WEDG>•w��WAY- - - - 19 13 - I� J f 14 ( 8 _._ \ \ I 30 I� { 12 \ -f f- f r- --- ---- w -' -- i � BLocKF 11 � f 16 - ------ 16 j 1 2 3 4 5 6 7 8 9 10 \ \\ 17 14 l 9 I = \ \ 18 Jr 29 o�aE 28CAPITAL STREET 60 1 I i 10 13 ( 13 \ ` �.-- '' --RPM-pE�G '` 27 - - BLOCK F 14 V 'EMS r r - - - - - - 25 24 23 22 21 20 19 18 17 16 15 \ - ` 26 q I BLO KB — '—' 25 24 12 23 - - --— r ---- --- _ - - - ---- --- _---- ---------------- — I— — — — --— — — — — — I , 1 \t2 18 BLOCK 1 aL.016 17 I 1 l l 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1 1 i I r s -- ------ --- ---- ----- ---- ----- --------------------------- - i 25x BLOCK \ 1 g 9 10 11 12 13 14 15 16 17 18 19 20 21 I� 7 ` - BLocK, 6ED - - -- --- - - - - - - - _. 2 EXCHANGE STREET 60 -- � -' J- ROLLING HILLS LANE 17 /13 14 1 ,f - 12 \ 10 1 8 9 4 �� NEW HENSLEY LANE 7 i BLOCK K i i i 2 i I i i 3 a i� iN i i I 40 20 0 40 80 SCALE 1 " = 40' 22 Z , a I , i a i — NEW HENSLEY LANE NEW HENSLEY LANE ----- 45 1 B K� 2 g 10 11 12 13 14 15 16 17 18 19 20 i� 1 1 2 3 4 5 6 7 8 g 44 _ 4 7 8 10 11 12 13 14 15 3 5 6 7 8 43 _ - __ ------ - -- - - BLOCK I � -------------- — I GRANDVIEW DRIVE � 5 6 7 8 i i - � ti 10 4 1 2 3 4 4 --- 11 - I I 4 — GRANDVIEW DRIVE 1 4 1 28 1 28 ( 12 -- - - -- - --- --- - -- BLOCK] - DVIEW DRIVE —__ — — — — — ,...2 --� 1 I I i i 13 -- -- 27 - - -- 1_ I - __ BLOLK� i ------------- -- ---- ---- w 20 i ,'�I 2 i I 3 26 I I 3 26 14 ( 3 — 23 `4 3 4 BLOCK 5 6 7 8 9 10 11 3 22 19 i I 4 25 i` i 4 - 25 15 3 - BL K 1 18 I i KO i 3 8 9 i I I 5 24 I g I l 16 7 10 I BLOCK 2 i w l o- .__ a I I 5 24 z 3 BLo� B 3 4 5 6 � i I � 4 � _ a ..17..:..��23..:� i i 6 23 3 BLOCK K z i 22 25 z I 16 i I I I _ :® - - - -1_ o 18 - 1 Q i 15 i 7 22 7 22 z i 19 3 16 15 14 13 12 15 6 7 8 9 I I 8 21 - w 18 17 i 10 I. 8 21 I w I d 22 21 20 19 I -- --- 13 12 11 i i 21 26 C 14 i, I 9 16 15 14 _ _ — I 20 _. s I i 18 17 9 20 1— 21 - -- - ----_ 13 i i 10 _.._ --- 11 19 i i 10 19 ' CONCORD DRIVE PROPOSED 20 FT — 12 I i 11 18 i 22 { FRONT SETBACK I I I 11 18 23 ` 27 ` I I — _ 12 _ 17 1 20 — - 13 PROPOSED 20—FT STILLWATER DRIVE f — 1 16 _ - - -- - - --- - __ � � 16 i i 12 17 ( i ; 24 ` FRONT SETBACK — — -- — — — — i 3 - i I _ I I s I" I _ _ __"__ 29 30 31 32 33 SETBACK (PEROPDj 3 � BLcK �� _ ---- - - 5 � l� 26 34 35 36 37 \ '� 14 I I — 7 BLOCK 10 11 12 13 14 15 16 17 18 19 28 � 5 6 8 9 - 5 25—FT FRONT 4 CONCORD DRIVE SETBACK (PER PD) ` _-- 6 � 5 �\— � (�-27 ( LOB 7 {- 6 ?^226- -- _ - i �29 30 31 32 33 34 35 36 37 38 39 40 41 42 43,44 45 46 47 48 4c 1- 8 7 __-. � j \ I 25 - �-- I L........ _ - 24 z 9 _ ---- - 10 ( (' 8 ( 23 w 28 2 4 7 0 9 10 11 12 y F'6 3 5 6 OVERALL LAYOUT SETBACK REVI J. V 0 L K ;onsu I t i n g Central Parkway East, Suite 300 1Q1io, Texas 75074 972.201.3100 Texas Registration No. F-11962 Amendment To Exhibit "B" PLANNED DEVELOPMENT DISTRICT DEVELOPMENT STANDARDS (Zoning Case 2019-07) 1_1 Purpose: The purpose defined in Planned Development (PD) 2006-01 is amended to include the development of single family residential as further defined below. 1.2 Zoning Classifications: Tract 2 may be developed in accordance with the standards defined in Retirement Housing District (RH), Corridor Commercial District (CC), Business Center (BC), R-8.4 Single Family and R-7.0 Single Family. 4.4 Street Requirements: The street shown on Exhibit C Concept Plan attached hereto as an East/West Collector (Hensley Lane) between McCreary Road and Springwell shall be developed with a sixty-five (65) foot right-of-way and a pavement width of 39 feet back to back of curb. 4_5 Secondary Collector and Collector Landscaping Requirements: Parkway tree plantings along the East /West Collector between McCreary :Road and Springwell will be informal in appearance. Landscape plans for parkway tree plantings will be submitted to the Parks Department for approval. 4.6 Secondary Collector and Collector Sidewalk Requirements: In order to provide for a meandering trail on one side of the East/West Collector Street having a minimum width of eight (8) feet, the pavement will be allowed to be offset to one side a minimum of five (5) feet. This is in lieu of sidewalks being required on both sides of the East/West Collector Street, however four (4) foot wide sidewalks will be constructed on both sides of the divided entry at McCreary Road from McCreary Road to the first intersection east of McCreary :Road. 6Xil W W.11011011011M 7 9►I/ 011[ll guy 1810111Q.y 101" N a V.11105 111►`i ti Oki 17 010 Y /\ 5.1 General Description: The residential development within this Planned Development District is intended to accommodate two single family residential uses. The residential units will be comprised of R-8.4 Single Family and R-7.0 Single Family. Development standards for each of the aforementioned housing types are outlined within these planned development standards. 5.2 Permitted Uses: a. Residential units as described herein. b. Private or public recreation facilities outdoor only. Utility distribution lines and facilities. d. Parks, linear greenbelt areas, trails and walkways, playgrounds and neighborhood recreation facilities including swimming pools. e. Real estate sales offices and model homes during the development and marketing of the residential areas to remain open until the last home is sold and a certificate of occupancy is issued. f. Electronic security facilities including control counter. g. Directional signs pertaining to the development. h. Temporary buildings, advertising signs, and uses incidental to construction work on the premises, which shall be removed upon completion of the last home in the subdivision. Concrete batch plant, temporary during construction when approved by the TCEQ and permitted by code enforcement for the paving of streets, park trails and sidewalks within each phase of this subdivision. 5_3 Garage, Parking and Driveway Requirements: Garage, parking and driveway requirements for single family development areas shall be as follows: a. Homes constructed on R-8.4 Lots may have a two (2) car swing entry garage. A third single car garage door may face the street as long as there is a thirty (30) foot setback from the front of the garage door to the front property line. b. No parking space, garage or other automobile storage space or structure shall be used for storage of any commercial vehicle with the exception that a recreation vehicle, travel trailer, boat or similar personal vehicle may be stored off-street and behind the front building line by the owner or occupant of the residential premises behind a screening fence. The screening fence shall be constructed of wood or masonry and shall be a minimum of six (6) foot in height and be in accordance with applicable city ordinances. No driveway entrances shall be allowed to be constructed on the side or rear lot line adjacent to any secondary collector or collector. 5_4 Building Materials: All single family residential units shall have a minimum of one - hundred (100) percent of the exterior fagade composed of kiln -fired clay brick or stone laid masonry units or masonry stucco, with twenty (20) percent stone or decorative brick accent, excluding windows, doors and other openings. Glazing shall not exceed twenty-five (25) percent of the front elevation of the residence. Dormers, second story walls or other elements supported by the roof structure may be composite masonry materials if approved by the Building Official as having the same durability as masonry or stone and when offset at least two (2) feet from the first floor exterior wall. Wood, vinyl siding and EIFS materials shall not be used for exterior walls. 2 The Building Official may grant exceptions to the above minimum standards for new construction when the material and installation are approved by the Building Official as having the same demonstrated durability as masonry and when one or more of the following conditions are met: (1) When other materials are required to blend with historic architecture of the house. (2) When the construction is new infill construction and more than sixty percent (60%) of the existing residential structures along both sides of the street and between the two nearest intersection streets of the proposed location do not meet the above minimum standards, new construction may be permitted which is demonstrated to be equal in durability to that used in the majority of existing structures. (3) When a special architectural style for a specific location of individual residence or subdivision of residences is approved by the Planning and Zoning Commission and the Building Official determines that the material will have the same durability as masonry. 5_5 R-8.4 Single Family: R-8.4 Single Family units are a form of single family, detached housing units, having access and frontage on a public or private road. Building and area requirements are as follows: a. Minimum Dwelling Size: The minimum area of the main building exclusive of garages, breezeways and porticos is as follows: At least 25% of the dwellings 3,000 square feet At least 50% of the dwellings 2,600 square feet Remaining 25% of the dwellings 2,200 square feet b. Lot Area: The minimum area of any lot shall be eight thousand four hundred (8,400) square feet. c. Lot Coverage: In no case shall more than fifty-five (55) percent of the total lot area be covered by the combined area of the main buildings and accessory buildings. Swimming pools, spas, decks, patios, driveways, walks and other paved areas shall not be included in determining maximum lot coverage. d. Lot Width: The minimum width of any lot shall be seventy (70) feet at the front building line, except that lots at the terminus of a cul-de-sac or along street elbows/eyebrows may have a minimum width of sixty (60) feet at the building line; provided all other requirements of this section are fulfilled. e. Lot Depth: The minimum depth of any lot shall be one hundred ten (110) feet, except that a lot at the terminus of a cul-de-sac or along street elbows/eyebrows may have a minimum lot depth, measured at mid -points on front and rear lot lines, of one hundred (100) feet; provided all other requirements of this section are fulfilled. f. Front Yard: The minimum depth of the front yard shall be twenty-five (25) feet, except for side entry garages which shall have a minimum depth of the front yard of fifteen (15) feet. Lots 5-19, 39 and 40 of Block K (17 lots maximum) shall have a minimum front g. Side Yard: The minimum side yard on each side of the lot shall be five (5) feet. A side yard adjacent to a street shall be a minimum of ten (10) feet. h. Rear Yard: The minimum depth of the rear yard shall be ten (10) feet. i. Maximum Building Height: Buildings shall be a maximum of two and one-half (2 1/z) stories, or thirty-five (35) feet. j. The R-8.4 Single Family lots are to be developed in a minimum of two (2) phases. k. The maximum number of R-8.4 units shall not exceed 147. 5.6 R-7.0 Single Family: R-7.0 Single Family units are another form of single family, detached housing units, having access and frontage on a public or private road. Building and area requirements are as follows: a. .Minimum Dwelling Size: The minimum area of the main building exclusive of garages, breezeways and porticos is as follows: At least 25% of the dwellings 2,800 square feet At least 50% of the dwellings 2,400 square feet Remaining 25% of the dwellings 2,000 square feet b. Lot Area: The minimum area of any lot shall be seven thousand (7,000) square feet. c. Lot Coverage: In no case shall more than fifty-five (55) percent of the total lot area be covered by the combined area of the main buildings and accessory buildings. Swimming pools, spas, decks, patios, driveways, walks and other paved areas shall not be included in determining maximum lot coverage. d. Lot Width: The minimum width of any lot shall be sixty (60) feet at the front building line, except that lots at the terminus of a cul-de-sac or along street elbows/eyebrows may have a minimum width of fifty (50) feet at the building line; provided all other requirements of this section are fulfilled. Lot Depth: The minimum depth of any lot shall be one hundred ten (I 10) feet, except that a lot at the terminus of a cul-de-sac or along street elbows/eyebrows may have a minimum lot depth, measured at mid -points on front and rear lot lines, of one hundred (100) feet; provided all other requirements of this section are fulfilled. f. Front Yard: The minimum depth of the front yard shall be twenty-five (25) feet. M g. Side Yard: The minimum side yard on each side of the lot shall be five (5) feet. A side yard adjacent to a street shall be a minimum of ten (10) feet. h. Rear Yard: The minimum depth of the rear yard shall be ten (10) feet. i. Maximum Building Height: Buildings shall be a maximum of two and one-half (2 '/2) stories, or thirty-five (35) feet. j. The 7.0 Single Family lots are to be developed in a minimum of two (2) phases. k. The maximum number of R-7.0 units shall not exceed 221. 5.7 Special Conditions: a. Maximum number of residential units not to exceed 368 lots. b. Key lots are defined as a corner lot which is backing up to an abutting side yard. c. Three -tab roofing shall not be permitted. d. No alleys shall be required within the Planned Development. Lots which back or side onto the North Texas Municipal Water District easement, the Oncor Electric Delivery Company and the Amenity Center property shall provide a wrought iron fence as shown on the attached Woodbridge Wrought Iron Fence Design to be installed by the homebuilder. The :R-8.4 lots adjacent to the south property line which back onto the North Texas Municipal Water District property will have wood fences f. Drainage & floodway easement and public hike & bike trails shall be dedicated to the City of Wylie in accordance with City's Subdivision Regulations. g. The Amenity Center will be constructed prior to the issuance of a CO for any single family home in Phase I. Further park improvements will be completed in phases and prior to the issuance of any CO as shown on the Exhibit C Concept Plan, the Woodbridge North Park Fee Calculation and the Woodbridge North :Park & Trail Cost Projection and Development Schedule. Any remaining parkland fees due in lieu of improvements will be paid to the City prior to the issuance of any CO in Phase IV. h. Lots that back up to Hensley and Springwell will have a six (6) foot masonry screening wall constructed with the same design and materials as the masonry screening walls in Woodbridge. 5 (Please t,1pe or itse bald i nTrl , Department cal`Planning 300 C'c un(ry Club Road Btailclita` 100 Wylie, ` -cma, 7 098 I atat FOR the rte aaeacd zoning as o1 alaineal can the atttaclteal aatla ac ncaticc fOr Zonia- Case #2019-07. I I au) AGAINST thew requested zoning aa, e.XPLIiaaecl cat) the aattaaelae [ JILI lic notice for Zoning Case #2019-07. Plca),e feet Crcc to contact Planning Dcp art icnt tat 972,5 W6320 with eluea.6on." or concern: Date. Location & Tinw eel Tel inning &- Zoning C~eaaaaraaksicm ttlectita': "TLI,�Sela%. May 21, 70le,); 0:00 T'tat M mli6p al C"a lnplev 100 C`taantry Club Roaad. Building IM WIie. Texas, Date. Location tS Time of CiLN' L°e)ttt)cil nteetiut-I: TUeSel,aV, JUIle 11, 019, 6:001'ki'ta Nhinicip al Complex, 300 C'011nlI C.`ILIh Road, BUildiflU IOR WN'lic. Te a S "+lantac: t��fa tic �'€ir Ep a �ib�tt atatt�e FRONT SETBACK MODIFICATION W%fa"" %fj""D B R I D G E ,,. 1� A/,2 2'A CITY F W LI E W d r WOODBRIDGE 21A/22A Master Plan WOODBRIDGE 21 A/22A SETBACK REVISION o Minimum lot depth per approved PD is 110" o All lots still comply with original PD standards for width, depth and area o Request is to change front setback from 25" to 20" for front entry garages 0 15" setback for side/swing entry remains unchanged o Builders will offer multiple swing entry floor plans, so we do not expect all 17 lots to be front entry WOODBRIDGE 21 A/22A SETBACK REVISION BENEFITS: o Larger backyard o Builder flexibility o Space for pools, patios & outdoor living o Less risk to existing trees SETBACK IAf REVISION RMPIA'A'XI 0 Thank you! Meeting Date: June 11, 2019 Department: Prepared By: Planning Jasen Haskins Date Prepared: May 31, 2019 Wylie City Council Item Number: 5 Account Code: Exhibits: 3 (City Secretary's Use Only) • Hold a Public Hearing to consider, and act upon, a change of zoning from Agricultural (AG/30) to Commercial Corridor, property located at 2455 Country Club Road (Tract 2 William Patterson Survey). ZC 2019-08 Motion to approve a change of zoning from Agricultural-30 (AG-30) to Commercial Corridor (CC), property located at 2455 Country Club Road (Tract 2 William Patterson Survey). ZC 2019-08 Owner: Bata Family Limited Partnership Applicant: Amin Bata The applicant is requesting to rezone a 0.9-acre property located at 2455 Country Club Road from AG/30 to CC. The property is generally bordered by AG property to the south and west, CC to the north, and commercial properties to the east that reside outside of the city limits. The applicant is proposing the property be rezoned to allow for a single commercial development of approximately 7,000 square feet. The applicant has provided a concept plan. The applicant has indicated that a medical office use is likely, but the requested Commercial Corridor zoning does not limit the property to only that use. Should the zoning be approved, the applicant will submit a final site plan and a preliminary plat for consideration before any development can begin. The zoning requested is compatible with the Comprehensive Land Use Plan. The area is designated as General Urban, which generally supports the retail, service, office, light production, and research. Notification/Responses: Three notifications were mailed; with no responses returned at the time of posting. P&Z Commission Discussion The Commission recommended approval 6-0. Page 1 of 1 Ie-y 10 PARKING STALLS 09 PARKING STALLS �r ws tea. LEGAL DESCRIPTION' SING SITUATED IN THE WILLIAM PATTERSON SURVEY, ABSTRACT NO. 716 OLLIN COUNTY, TEXAS AND BEING THE SAME PROPERTY CONVEYED TO ATA FAMILY LIMITED PARTNERSHIP BY DEED RECORDED IN INSTRUMENT O. 20130820001181280, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, EXAS AND BEING MORE FULLY DESCRIBED AS FOLLOWS: EGINNING AT A 3/8" IRON ROD SET ON THE WEST LINE OF F.M. 1378 AND AT HE SOUTHEAST CORNER OF A TRACT OF LAND CONVERED TO BOBBY W. IITCHELL BY DEED RECORDED IN VOLUME 585 PAGE 503 DEED RECORDS, OLLIN COUNTY. TEXAS: HENCE S01028'24"E WITH THE WEST LINE OF SAID F.M. 1378, 209.95' TO A ILVER CAP MONUMENT FOUND FOR CORNER; ENCE S89013'45"W GENERALLY WITH A FENCE, 190.46' TO A 5/8" IRON PIPE UND ON THE EAST LINE OF A TRACT OF RECORDS, COLLIN COUNTY, HENCE N01 008'18"W WITH SAID WEBB TRACT, 208.34' TO A 3/8" IRON ROD ET AT THE SOUTHWEST CORNER OF SAID MITCHELL TRACT; -IENCE N88044'48"E, 189.23' TO THE PLACE OF BEGINNING AND CONTAINING 9 ACRES OF LAND, MORE OR LESS. ZONING PARKING 5. Medical Clini 9. Dry Cleanina or Laundrv, D 13. General Merchandise S or Self Service NORTH 1 per 350 sq ft 1 per 350 sq ft 1 per 400 sq ft 0 40 80 ITOW911-o"a-Welz M =1 R 7A I I g a 05-15.2019 O S . 1 S . Z O "1 9 619 N. Grand Ave. Waxahachie, TX 75165 1.469.658.9097 i�i�i�i�i�i Meeting Date: June 11, 2019 Department: Prepared By: Wylie City Council Item Number: City Manager (City Secretary's Use Only) Chris Holsted Account Code: 414-5413-58210 Date Prepared: May 28, 2019 Exhibits: Attached Consider, and act upon, approval of Resolution No. 2019-16(R) authorizing the City Manager to execute an Impact Fee Agreement with Development Solutions BZ, LLC for the construction of Troy Road south of Collins Boulevard. Motion to approve Resolution. No. 2019-16(R) authorizing the City .Manager to execute an Impact Fee Agreement with Development Solutions BZ, LLC for the construction of Troy Road south of Collins Boulevard. Troy Road has been constructed from South of Stone Road to Beaver Creek Road as phases of the Bozman Farms development have been built. Troy Road is shown as a secondary thoroughfare (4-lane divided) on the City of Wylie Thoroughfare Plan and the project is included in the Capital Improvements Plan and impact fee calculation. The final plat for Bozman Farms Phase 513, and Phase 6 dedicated the additional right of way for the widening, and the developer has constructed approximately 900 linear feet of the roadway from the south side of Collins Boulevard to north of Beaver Creek Road. The project cost and proposed credit are shown below: Troy Road Construction Cost Thoroughfare Impact Fee credit Payment due to developer $1,093,631 $ 448,800 ($1,200 x 374 lots) $ 644,831 The current East Zone Impact Fee balance is approximately $2,500,000. Page 1 of 1 RESOLUTION NO.2019-16(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS, TO EXECUTE THE IMPACT FEE AGREEMENT BETWEEN DEVELOPMENT SOLUTIONS BZ, LLC AND THE CITY OF WYLIE CONCERNING THE CONSTRUCTION OF TROY ROAD. 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 of the City of WYLIE, Texas, the Impact Fee Agreement between Development Solutions BZ, LLC and the City of Wylie concerning the construction of Troy Road. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 1lth day of June, 2019. ERIC HOGUE, Mayor ATTEST TO: STEPHANIE STORM, City Secretary Resolution No 2019-16(R) Impact Fee Agreement Between Development Solutions BZ, LLC and the City of Wylie Concerning The Construction of Troy Road. EXHIBIT "A" Development Agreement Resolution No 2019-16(R) Impact Fee Agreement Between Development Solutions BZ, LLC and the City of Wylie Concerning The Construction of Troy Road. NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE 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_ Return to: City of Wylie Attn: City Manager 300 Country Club Road Wylie, Texas 75098 IMPACT FEE AGREEMENT BETWEEN DEVELOPMENT SOLUTIONS BZ, LLC AND THE CITY OF WYLIE, TEXAS (Troy Road Paving Project) THIS IMPACT FEE AGREEMENT ("Agreement"), is made and entered into by and between the City of Wylie, Texas, a home -rule municipality ("Wylie"), and Development Solutions BZ, LLC, a Delaware limited liability company ("Developer"). Wylie and Developer are each referred to herein as a "party" or collectively as the "parties." WHEREAS, Developer is the sole owner of that certain tract of land situated in the City of Wylie, Collin County, Texas, containing approximately 300.46 acres located in the J.G. Jouett Survey, Abstract No. 475, the Allen Atterberry Survey, Abstract No. 23, and the Aaron West Survey, Abstract No. 979, as more particularly depicted and described in Exhibit A, attached hereto and incorporated herein for all purposes, save and except those certain single family lots and related parcels heretofore conveyed by Developer to third parties ("Property_"); and WHEREAS, Developer has designed and constructed, at its sole cost and expense, the following: (a) approximately 881 linear feet of Troy Road, including a 48-foot-wide (back-to- back) concrete pavement section with five -foot -wide sidewalks on the east and west sides of the pavement section, and all necessary appurtenances thereto, and (b) seven 10-foot-by-10-foot box culverts, and all necessary appurtenances thereto, all within a 100-foot-wide right-of-way, as generally depicted in Exhibit B (collectively, "Street Improvements"), portions of which are necessary to serve the Property; and WHEREAS, Developer and Wylie acknowledge and agree that impact fees are currently assessed and owed or to be assessed and owed on the Property as prescribed in Ordinance Nos. 93-4, 97-4, 2001-19, 2001-42, 2001-56, 2006-25, 2006-47, 2007-34, 2012-18 and 2014-35, as they exist or may be amended (collectively, "Impact Fee Ordinance"); and WHEREAS, the Impact Fee Ordinance further provides for, among other things, credits against impact fees for the construction of, contribution to or dedication of any facility appearing on Wylie's Thoroughfare Plan and/or Capital Improvement Plan; and WHEREAS, the Street Improvements appear on Wylie's Thoroughfare Plan and/or Capital Improvement Plan; and WHEREAS, Wylie and Developer agree that Developer may fulfill all or a portion of its obligation to pay roadway impact fees under the Impact Fee Ordinance in the manner set forth herein. Roadway Impact Fee Agreement Page 1 of 33 4825-6466-9065, v. 2 NOW, THEREFORE, in consideration of the covenants and conditions contained in this Agreement, Wylie and Developer agree as follows: l . Findings Incorporated. The findings set forth are made a part of this Agreement as if set forth herein verbatim. 2. Land Subject to Agreement. The land that is subject to this Agreement is the Property. Developer represents and warrants that it is the sole owner of the Property. 3. Construction of the Street Improvements. (a) Developer has constructed, at its sole cost and expense except as provided in Section 5 herein, the Street Improvements in accordance with Wylie's Thoroughfare Design Standards and the Construction Requirements (hereinafter defined). The Street Improvements have been completed, finally accepted by Wylie and conveyed to Wylie in accordance with any and all applicable ordinances, rules, regulations and requirements, as they exist, may be amended or in the future arising (collectively, "Wylie's Final Acceptance"). Developer represents and warrants that the construction costs for the Street Improvements are ONE MILLION NINETY-THREE THOUSAND SIX HUNDRED THIRTY-ONE AND 36/1.00 DOLLARS ($1,093,631.36) ("Construction Costs"), as more particularly described in the Cost Analysis set forth in Exhibit C, attached hereto and incorporated herein for all purposes ("Cost Anal"). Developer acknowledges and agrees that Wylie is relying on Developer's representation and warranty that the Construction Costs are as described in the Cost Analysis. Developer has tendered to Wylie evidence, in a form reasonably acceptable to Wylie, all of the design and construction costs of the Street Improvements have been paid by Developer, including but not limited to, Affidavits of Payment/Affidavit as to Debts and Liens and any other evidence reasonably required by Wylie ("Evidence of Payments"). (b) Developer has submitted to Wylie the designs, plans and specifications for each of the Street Improvements in compliance with this Agreement and applicable requirements of the Americans with Disabilities Act, the Texas Accessibility Standards and all Construction Requirements, as each exists at the time Developer submits such design, plans and specifications (collectively, "Plans"), which Plans have been approved by Wylie. The general depiction of each of the Street Improvements attached as Exhibit B is for general informational purposes only, and the Approved Plans (hereinafter defined) are not required to be strictly bound by the same. Upon Developer's submission of the Plans, the Plans must be approved, in writing, by Wylie (collectively, "Approved Plans"). (c) Developer has completed each of the Street Improvements and obtained Wylie's Final Acceptance of the same. Roadway Impact Fee Agreement Page 2 of 33 4825-6466-9065, v. 2 (d) Bonds. (i) Evidence of any bonds required by Section 212.073 of the Texas Local Government Code, as amended, other applicable law identified by Wylie in writing to Developer prior to Commencement of Construction, or this Agreement (collectively, the "Bonds") has been provided by Developer to Wylie and approved by Wylie. (ii) Developer has caused to be delivered a payment bond and a performance bond, each of which shall be in an amount equal to one hundred percent (100%) of the amount of the actual cost of the Street Improvements to ensure Wylie is indemnified: (A) against any claims for nonpayment of any part of the construction or work performed in connection with the Street Improvements; and (B) for the completion of the Street Improvements in accordance with this Agreement. Developer has caused to be delivered to Wylie a two (2) year maintenance bond in an amount equal to one hundred percent (100%) of the amount of the actual cost of the Street Improvements to ensure the repair or remedy of any maintenance issues Wylie may have regarding the Street Improvements after Wylie's issuance of Wylie's Final Acceptance of the same. (iii) Wylie agrees that the Bonds are: (A) good and sufficient bonds; (B) in the amounts prescribed herein; (C) with a reputable and solvent corporate surety and in favor of Wylie; and (D) in compliance with any other Wylie requirements relating to such bonds. (e) Developer has included the following provisions in any contract with any person or entity hired by Developer to construct all or any portion of the Street Improvements (collectively, "Developer Contractor"): (i) "All warranties provided to Developer shall inure to the benefit of the City of Wylie, Texas for all purposes." (ii) "CONTRACTOR SHALL, FOR A PERIOD OF TWO (2) YEARS FOLLOWING THE CITY OF WYLIE'S FINAL ACCEPTANCE OF THE STREET IMPROVEMENTS, RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS CITY OF WYLIE FROM AND AGAINST ALL CLAIMS OR CAUSES OF ACTION FOR INJURIES (INCLUDING DEATH), PROPERTY DAMAGES (INCLUDING LOSS OF USE) AND OTHER LOSSES, DEMANDS, SUITS, JUDGMENTS, EXPENSES AND COSTS, INCLUDING BUT NOT LIMITED TO, REASONABLE ATTORNEYS' FEES AND EXPENSES (INCLUDING ATTORNEYS' FEES AND EXPENSES INCURRED IN ENFORCING THE INDEMNITY), ARISING OUT OF, RELATED TO OR RESULTING FROM, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ANY WORK PERFORMED BY CONTRACTOR ON THE STREET IMPROVEMENTS, WHETHER SUCH ACTIONS OR OMISSIONS WERE INTENTIONAL OR UNINTENTIONAL, AND THAT THE Roadway Impact Fee Agreement Page 3 of 33 4825-6466-9065, v. 2 INDEMNITY PROVIDED HEREIN IS NOT INTENDED TO AND SHALL NOT, IN ANY WAY, CREATE ANY CAUSE OF ACTION FOR THE BENEFIT OF THIRD PARTIES. THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT." (f) As an additional condition of Wylie issuing Wylie's Final Acceptance of the Street Improvements, Developer shall transfer and deliver to Wylie all manufacturers' warranties, if any, with Wylie being the beneficiary thereof, for all products, materials and elements of each of the Street Improvements. This Section 3(f) shall survive the termination of this Agreement. (g) The parties agree that the Street Improvements have been constructed and completed in two phases. The Street Improvements have become the sole property of Wylie. (h) As an additional condition of Wylie's Final Acceptance of the Street Improvements, Developer has, at no cost to Wylie, conveyed by plat or separate easement the necessary right -of. -way for the operation, maintenance and use of the Street Improvements which plat includes all or a portion of the Property that includes the Street Improvements (the "Dedication"). Developer has completed all tasks necessary to make the Dedication promptly after completion of construction of the Street Improvements. Developer has submitted to Wylie for approval, and Wylie has approved, the legal description and land survey depicting the boundaries of the right-of-way made the subject of this Section 3(h), and the Dedication shall not be made until said legal descriptions and land surveys are approved, in writing, by Wylie. Developer has: (i) made the Dedication free and clear of any liens, attachments and encumbrances; and (ii) secured the authorized signatures of any person or entity deemed necessary by Wylie to consent to the Dedication. Nothing in this Agreement may be construed or interpreted to waive, minimize, replace, negate, void, invalidate or otherwise modify in any way any requirement or obligation under any Wylie ordinance, regulation or standard, including but not limited to the Wylie's Subdivision Regulations, as they exist or may be amended, for the dedication, grant or conveyance of any type of easement rights and/or fee simple right-of-way required as part of any development or redevelopment of the Property or any portion thereof. Moreover, nothing in this Agreement may be construed or interpreted to waive, minimize, replace, negate, void, invalidate or otherwise modify in any way Wylie's authority and right to require Developer to convey easement rights, fee simple right-of-way or other property interests pursuant to Wylie's condemnation authority. 4. Roadway Impact Fees. This Agreement shall only apply to roadway impact fees due on the Property under the Impact Fee Ordinance. The Property shall be subject to the roadway impact fee schedule in effect under the Impact Fee Ordinance at the time of development; provided, however, that if Developer complies with the terms and conditions of this Agreement, Wylie agrees to apply a roadway impact fee credit ("Impact Fee Credit"), at the time roadway impact fees are due to be paid, toward the total roadway impact fees due on the Property under the Impact Fee Ordinance in the amount of the lesser of. Roadway Impact Fee Agreement Page 4 of 33 4825-6466-9065, v. 2 (a) The total amount of roadway impact fees assessed and due on the Property under the Impact Fee Ordinance; or (b) FOUR HUNDRED FORTY-EIGHT THOUSAND EIGHT HUNDRED AND NO/100 DOLLARS ($448,800.00). Notwithstanding anything to the contrary herein, Developer acknowledges and agrees that the Impact Fee Credit: (a) shall be determined as described above; and (b) is not transferrable to any other property, regardless of ownership of same. The Impact Fee Credit shall not be due to Developer until the impact fees for the Property are collected by Wylie, and the Impact Fee Credit shall offset the total amount of roadway impact fees owed and assessed on the Property. 5. Street Improvements Reimbursement. Upon execution of this Agreement, Wylie shall tender to Developer a reimbursement ("Street Improvements Reimbursement") in the amount of SIX HUNDRED FORTY-FOUR THOUSAND EIGHT HUNDRED THIRTY- ONE AND 36/1.00 DOLLARS ($644,831.36), representing the Construction Costs less the Impact Fee Credit. Wylie and Developer agree that the sum of the amounts of the Street Improvements Reimbursement and the Impact Fee Credit shall not exceed one hundred percent (100%) of the Developer's total, actual costs for the Street Improvements, as evidenced by the Evidence of Payments, and in no event shall such sum exceed the amount of the estimated Construction Costs. Wylie hereby agrees to tender, and Developer hereby accepts, the Street Improvements Reimbursement and the Impact Fee Credit to be made pursuant to this Agreement as Wylie's sole financial participation in the total amount of actual construction costs incurred by Developer in its design, construction and completion of the Street Improvements in accordance with this Agreement, regardless of whether the actual construction costs exceed the estimated Construction Costs. 6. Default. If Developer fails to comply with the provisions of this Agreement, Wylie shall have all of the following remedies, in addition to Wylie's other rights and remedies: (a) to refuse to issue building permits for the Property; and/or (b) to refuse to issue a certificate of occupancy for any building on the Property; and/or (c) to file this instrument in the Land Records of Collin County as a lien and/or encumbrance on the Property, save and except any residential lot(s) for which a certificate of occupancy has been issued to a third party owner of any residential lot contained within the Property; and/or (d) to refuse to accept any portion of any public improvements on the Property and/or associated with the development of the Property; and/or (e) to nullify Section 4 and/or Section 5 of this Agreement and immediately enforce the Impact Fee Ordinance through imposition of the full roadway impact fees in effect at the time of default and making such immediately due and payable; and/or (f) to seek specific enforcement of this Agreement. Roadway Impact Fee Agreement Page 5 of 33 4825-6466-9065, v. 2 If Wylie fails to comply with the terms and conditions of this Agreement and such failure is not cured within thirty (30) days after Wylie receives written notice of such failure from Developer, then Developer may seek specific enforcement of this Agreement as its sole and exclusive remedy. 7. Covenant Running with the Land. This Agreement shall be a covenant running with the land and the Property and shall be binding upon the Developer, its officers, directors, partners, employees, representatives, agents, successors, assignees, vendors, grantees and/or trustees, and specifically excluding third party owners of any residential lots contained within the Property for which a certificate of occupancy has been issued. In addition, the parties shall cause this Agreement to be filed in the Land Records of Collin County, Texas. Developer represents and warrants that the filing of this Agreement as provided herein shall provide Wylie with a superior and priority encumbrance, lien or interest in, on and to the Property as to any and all other persons or entities. [need leader approval] 8. Limitations of Agreement. The parties acknowledge that this Agreement is limited to the construction of the Street Improvements and the roadway impact fees due under the Impact Fee Ordinance. Wylie ordinances covering property taxes, utility rates, permit fees, inspection fees, development fees, sewer and water impact fees, tap fees, pro-rata fees and the like are not affected by this Agreement. Further, this Agreement does not waive or limit any of the obligations of Developer to Wylie under any ordinance, whether now existing or in the future arising. Notwithstanding anything to the contrary herein, the parties agree and acknowledge that Wylie shall not, under any circumstance, be required to tender, or be liable to Developer for, any credit or reimbursement of, or payment of any monies, with regard to the matters set forth herein, except as expressly provided in Section 4 and Section 5 of this Agreement. 9. Notices. Any notice provided or permitted to be given under this Agreement must be in writing and may be served by depositing same in the United States mail, addressed to the party to be notified, postage pre -paid and registered or certified with return receipt requested, or by delivering the same in person to such party via facsimile or a hand -delivery service, Federal Express or any courier service that provides a return receipt showing the date of actual delivery of same to the addressee thereof.. Notice given in accordance therewith shall be effective upon receipt at the address of the addressee. For purposes of notice, the addressee of the parties shall be as follows: If to Wylie: City of Wylie Attn: Chris Holsted, City Manager 300 Country Club Road Wylie, Texas 75098 Telephone: (972) 516-6010 Facsimile: (972) 516-6026 Roadway Impact Fee Agreement Page 6 of 33 4825-6466-9065, v. 2 With a copy to: Abernathy, Roeder, Boyd and Hullett, P.C. Attn: Ryan :Pittman 1700 Redbud Boulevard, Suite 300 McKinney, Texas 75069 Telephone: (214) 544-4000 Facsimile: (214) 544-4040 If to Developer: and: Development Solutions BZ, LLC 15441 Knoll Trail, Suite 150 Dallas, Texas 75248 Telephone: 972-325-1405 Facsimile: 972-404-9394 Development Solutions BZ, LLC 4600 Wells Fargo Center 90 S. Seventh Street Minneapolis, MN 55402 Telephone: Facsimile: With a copy to: Gray Reed & McGraw LLP Attn.:.Michael Gillman 1601 Elm Street, Suite 4600 Dallas, Texas 75201 Telephone: 469-320-6048 Facsimile: 469-320-6846 10. ACKNOWLEDGEMENT OF WYLIE'S COMPLIANCE WITH FEDERAL AND STATE CONSTITUTIONS STATUES AND CASE LAW AND FEDERAL STATE AND LOCAL ORDINANCES RULES AND REGULATIONS; DEVELOPER'S WAIVER AND RELEASE OF CLAIMS FOR OBLIGATIONS IMPOSED BY THIS AGREEMENT. (a) DEVELOPER ACKNOWLEDGES AND AGREES THAT: (i) THE CONVEYANCES, DEDICATIONS, EASEMENTS AND/OR PAYMENT OF MONEY REQUIRED BY THIS AGREEMENT TO BE PERFORMED BY DEVELOPER, IN WHOLE OR IN PART, DO NOT CONSTITUTE A: (A) TAKING UNDER THE TEXAS OR UNITED STATES CONSTITUTION; (B) VIOLATION OF THE TEXAS WATER CODE, AS IT EXISTS OR MAY BE AMENDED; Roadway Impact Fee Agreement Page 7 of 33 4825-6466-9065, v. 2 (C) NUISANCE; OR (D) CLAIM FOR DAMAGES OR REIMBURSEMENT AGAINST WYLIE FOR A VIOLATION OF ANY FEDERAL OR STATE CONSTITUTION, STATUTE OR CASE LAW OR ANY FEDERAL, STATE OR LOCAL ORDINANCE, RULE OR REGULATION. (11) THE AMOUNT OF DEVELOPER'S FINANCIAL OR INFRASTRUCTURE CONTRIBUTION OR CONVEYANCE OF REAL PROPERTY OR INTERESTS THEREIN (AFTER RECEIVING ALL CONTRACTUAL OFFSETS, CREDITS AND REIMBURSEMENTS, IF ANY) AGREED TO IN THIS AGREEMENT IS ROUGHLY PROPORTIONAL TO THE DEMAND THAT SUCH DEVELOPER'S DEVELOPMENT PLACES ON WYLIE'S INFRASTRUCTURE. (iii) DEVELOPER HEREBY RELEASES WYLIE FROM ANY OBLIGATION TO PERFORM OR COMMISSION A TAKINGS IMPACT ASSESSMENT UNDER CHAPTER 2007 OF THE TEXAS GOVERNMENT CODE, AS IT EXISTS OR MAY BE AMENDED. (1V) DEVELOPER HEREBY AGREES THAT ANY PROPERTY WHICH IT CONVEYS TO WYLIE PURSUANT TO THIS AGREEMENT IS ROUGHLY PROPORTIONAL TO THE BENEFIT RECEIVED BY DEVELOPER FOR SUCH LAND, AND DEVELOPER HEREBY WAIVES ANY CLAIM THEREFORE THAT IT MAY HAVE. DEVELOPER FURTHER ACKNOWLEDGES AND AGREES THAT ALL PREREQUISITES TO SUCH A DETERMINATION OF ROUGH PROPORTIONALITY HAVE BEEN MET, AND THAT ANY VALUE RECEIVED BY WYLIE RELATIVE TO SAID CONVEYANCE ARE RELATED BOTH IN NATURE AND EXTEND TO THE IMPACT OF THE DEVELOPMENT OF DEVELOPER'S ADJACENT PROPERTY ON WYLIE'S INFRASTRUCTURE. DEVELOPER AND WYLIE FURTHER AGREE TO WAIVE AND RELEASE ALL CLAIMS ONE MAY HAVE AGAINST THE OTHER RELATED TO ANY AND ALL ROUGH PROPORTIONALITY AND INDIVIDUAL DETERMINATION REQUIREMENTS MANDATED BY THE UNITED STATES SUPREME COURT IN DOLAN V. CITY OF TIGARD, 512 U.S. 374 (1994), AND ITS PROGENY, AS WELL AS ANY OTHER REQUIREMENTS OF A NEXUS BETWEEN DEVELOPMENT CONDITIONS AND THE PROJECTED IMPACT OF THE PUBLIC INFRASTRUCTURE. (V) DEVELOPER SHALL INDEMNIFY AND HOLD HARMLESS WYLIE FROM AND AGAINST ANY CLAIMS AND SUITS OF DEVELOPER'S PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNEES, VENDORS, GRANTEES OR TRUSTEES, BROUGHT PURSUANT TO THIS SECTION 1.0. (b) DEVELOPER RELEASES WYLIE FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION BASED ON EXCESSIVE OR ILLEGAL EXACTIONS. (C) DEVELOPER WAIVES ANY CLAIM FOR DAMAGES OR REIMBURSEMENT AGAINST WYLIE FOR A VIOLATION OF ANY FEDERAL OR STATE CONSTITUTION, STATUTE Roadway Impact Fee Agreement Page 8 of 33 4825-6466-9065, v. 2 OR CASE LAW OR ANY FEDERAL, STATE OR LOCAL ORDINANCE, RULE OR REGULATION. (d) THIS SECTION 1.0 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. (a) DEVELOPER SHALL RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS WYLIE FROM AND AGAINST ALL DAMAGES, INJURIES (INCLUDING DEATH, CLAIMS, PROPERTY DAMAGES (INCLUDING LOSS OF USE, LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES (INCLUDING ATTORNEY'S FEES AND EXPENSES INCURRED IN ENFORCING THIS INDEMNITY), TO THE EXTENT CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENT, GROSSLY NEGLIGENT OR INTENTIONAL WRONGFUL ACT OR OMISSION OF DEVELOPER IN ITS PERFORMANCE OF THIS AGREEMENT AND ARISING OUT OF GOODS OR SERVICES PROVIDED PURSUANT TO THIS AGREEMENT (HEREINAFTER "CLAIMS"). THIS INDEMNIFICATION PROVISION AND THE USE OF THE TERM "CLAIMS" IS ALSO SPECIFICALLY INTENDED TO APPLY TO, BUT NOT LIMITED TO, ANY AND ALL CLAIMS, WHETHER CIVIL OR CRIMINAL, BROUGHT AGAINST WYLIE BY ANY GOVERNMENT AUTHORITY OR AGENCY RELATED TO ANY PERSON PROVIDING SERVICES UNDER THIS AGREEMENT THAT ARE BASED ON ANY FEDERAL IMMIGRATION LAW AND ANY AND ALL CLAIMS, DEMANDS, DAMAGES, ACTIONS AND CAUSES OF ACTION OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, EXISTING OR CLAIMED TO EXIST, RELATING TO OR ARISING OUT OF ANY EMPLOYMENT RELATIONSHIP BETWEEN DEVELOPER AND ITS EMPLOYEES OR SUBCONTRACTORS AS A RESULT OF THAT SUBCONTRACTOR'S OR EMPLOYEE'S EMPLOYMENT OR SEPARATION FROM EMPLOYMENT WITH THE DEVELOPER, INCLUDING BUT NOT LIMITED TO ANY DISCRIMINATION CLAIM BASED ON SEX, SEXUAL ORIENTATION OR PREFERENCE, RACE, RELIGION, COLOR, NATIONAL ORIGIN, AGE OR DISABILITY UNDER FEDERAL, STATE OR LOCAL LAW, RULE OR REGULATION, OR ANY CLAIM FOR WRONGFUL TERMINATION, BACK PAY, FUTURE WAGE LOSS, OVERTIME PAY, EMPLOYEE BENEFITS, INJURY SUBJECT TO RELIEF UNDER THE WORKERS' COMPENSATION ACT OR WOULD BE SUBJECT TO RELIEF UNDER ANY POLICY FOR WORKERS' COMPENSATION INSURANCE AND ANY OTHER CLAIM, WHETHER IN TORT, CONTRACT OR OTHERWISE. DEVELOPER IS EXPRESSLY REQUIRED TO DEFEND WYLIE AGAINST ALL SUCH CLAIMS. (b) IN ITS SOLE DISCRETION, WYLIE SHALL HAVE THE RIGHT TO APPROVE OR SELECT DEFENSE COUNSEL TO BE RETAINED BY DEVELOPER IN FULFILLING ITS OBLIGATION HEREUNDER TO DEFEND AND INDEMNIFY WYLIE, UNLESS SUCH RIGHT IS EXPRESSLY WAIVED BY WYLIE IN WRITING. WYLIE RESERVES THE RIGHT TO PROVIDE A PORTION OR ALL OF ITS OWN DEFENSE; HOWEVER, WYLIE IS UNDER NO OBLIGATION TO DO SO. ANY SUCH ACTION BY WYLIE IS NOT TO BE CONSTRUED AS A WAIVER OF DEVELOPER'S OBLIGATION TO DEFEND WYLIE OR AS A WAIVER OF DEVELOPER'S OBLIGATION TO INDEMNIFY WYLIE PURSUANT TO THIS AGREEMENT. DEVELOPER SHALL RETAIN WYLIE-APPROVED DEFENSE COUNSEL WITHIN SEVEN (7) BUSINESS DAYS OF WYLIE'S WRITTEN NOTICE THAT WYLIE IS INVOKING ITS RIGHT TO INDEMNIFICATION UNDER THIS AGREEMENT. IF DEVELOPER FAILS TO RETAIN COUNSEL WITHIN SUCH TIME PERIOD, WYLIE Roadway Impact Fee Agreement Page 9 of 33 4825-6466-9065, v. 2 SHALL HAVE THE RIGHT TO RETAIN DEFENSE COUNSEL ON ITS OWN BEHALF, AND DEVELOPER SHALL BE LIABLE FOR ALL COSTS INCURRED BY WYLIE. (C) THE RIGHTS AND OBLIGATIONS CREATED BY THIS SECTION II SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 12. Vested Rights/Chapter 245 Waiver. The parties shall be subject to all ordinances of Wylie, whether now existing or in the future arising. This Agreement shall confer no vested rights on the Property, or any portion thereof, unless specifically enumerated herein. In addition, nothing contained in this Agreement shall constitute a "permit" as defined in Chapter 245 of the TEX. Loc'L Gov'T CODE, as amended, and nothing in this Agreement provides Wylie with fair notice of any project of Developer. DEVELOPER WAIVES ANY STATUTORY CLAIM UNDER CHAPTER 245 OF THE TEXAS LOCAL GOVERNMENT CODE AS AMENDED UNDER THIS AGREEMENT. THIS SECTION 1.2 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 13. CONDEMNATION PROCEDURES/RIGHTS WAIVER. AS ADDITIONAL CONSIDERATION FOR THE BENEFITS DEVELOPER IS RECEIVING UNDER THIS AGREEMENT DEVELOPER HEREBY RELEASES CITY FROM AND AGAINST, AND WAIVES, ANY ALL RIGHTS TO OR CLAIM FOR ANY RELIEF UNDER CHAPTER 2206 OF THE TEXAS GOVERNMENT CODE AS AMENDED, AND/OR CHAPTER 21 OF THE TEXAS PROPERTY CODE, AS AMENDED, ARISING OUT OF ANY ACTS OR OMISSIONS UNDER THIS AGREEMENT. 14. Attorney's Fees. If either party files any action or brings any proceeding against the other arising from this Agreement, then as between Developer and Wylie, the prevailing party shall be entitled to recover as an element of its costs of suit, and not as damages, reasonable and necessary attorneys' fees and litigation expenses both at trial and on appeal, subject to the limitations set forth in TEX. Loc. Gov'T CODE § 271.153, as it exists or may be amended, if applicable. 15. Incorporation of Recitals. The representations, covenants and recitations set forth in the foregoing recitals of this Agreement are true and correct and are hereby incorporated into the body of this Agreement and adopted as findings of Wylie and the authorized representative of the Developer. 16. Warranties/Representations. All warranties, representations and covenants made by Developer in this Agreement or in any certificate or other instrument delivered by Developer to Wylie under this Agreement and shall be considered to have been relied upon by Wylie and will survive the satisfaction of any fees under this Agreement, regardless of any investigation made by Wylie or on Wylie's behalf. 17. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties. 18. Governing Law; Venue. The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this Agreement, without regard to conflict of law principles. This Agreement is performable in Collin County, Texas, and the exclusive venue for any action arising out of this Agreement shall be a court of appropriate jurisdiction in Collin County, Texas. Roadway Impact Fee Agreement Page 10 of 33 4825-6466-9065, v. 2 19. Consideration. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. 20. Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. An electronic mail or facsimile signature will also be deemed to constitute an original if properly executed and delivered to the other party. 21. Authority to Execute. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the Effective Date (hereinafter defined). The parties agree that the performance of the parties under this Agreement is authorized by Section 212.072 of the Texas Local Government Code. 22. Savings/Severability. In the event that a term, condition or provision of this Agreement is determined to be invalid, illegal, void, unenforceable or unlawful by a court of competent jurisdiction, then that term, condition or provision shall be deleted and the remainder of the Agreement shall remain in full force and effect as if such invalid, illegal, void, unenforceable or unlawful provision had never been contained in this Agreement. 23. Representations. Each party represents that it has carefully read this Agreement, knows the contents hereof, has consulted with an attorney of its choice regarding the meaning and effect hereof and is signing the same solely of its own judgment. 24. No Third Party Beneficiaries. Nothing in this Agreement shall be construed to create any right in any third party not a signatory to this Agreement, and the parties do not intend to create any third party beneficiaries by entering into this Agreement. 25. Assignment/Binding Effect. (a) This Agreement is assignable, in whole or in part, upon the following conditions, all of which must be satisfied before any such assignment shall be valid and enforceable: (i) the assignment of the Agreement must be evidenced by a recordable document ("Assi ng ment"), the form of which must be approved in writing by Wylie; (ii) the Assignment must expressly contain, among any other reasonable requirements and conditions of Wylie, an acknowledgment and agreement that all obligations, covenants and conditions contained in this Agreement will be assumed solely and completely by the assignee, and the contact Roadway Impact Fee Agreement Page 11 of 33 4825-6466-9065, v. 2 name, address, phone number, fax number and electronic mail address of the assignee; (iii) Developer will file any approved, executed Assignment in the Real Property Records of Collin County, Texas; and (iv) Developer shall provide Wylie with a file -marked copy of the Assignment within ten (10) days of filing the same, and until Wylie receives said file - marked copy of the Assignment as provided herein, Wylie shall not, under any circumstance, recognize said Assignment. (b) This Agreement shall be binding on and inure to the benefit of the parties hereto and their respective officers, directors, partners, employees, representatives, agents, vendors, grantees, and/or trustees, heirs, executors, administrators, legal representatives, successors and assigns, as authorized herein. 26. Indemnification. The parties agree that the Indemnity provisions set forth in Section 10 and Section 11 herein are conspicuous, and the parties have read and understood the same. 27. Construction and Bond Requirements. All construction described herein shall be subject to and in compliance with all ordinances, rules, regulations and requirements of Wylie, as they exist, may be amended or in the future arising (collectively, "Regulations"), including, but not limited to, all Regulations applicable to Wylie's Final Acceptance, and evidence of any bonds required by Section 212.073 of the Texas Local Government Code, as amended, other applicable law or this Agreement shall be provided by Developer to Wylie (collectively, "Construction Requirements"). 28. Conveyances. All conveyances required herein shall be made in a form acceptable to Wylie and free and clear of any and all liens and encumbrances. 29. Waivers. Waiver by either party of any breach of this Agreement, or the failure of either party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or waive such party's right thereafter to enforce and compel strict compliance. 30. Reference to Developer. When referring to "Developer" herein, this Agreement shall refer to and be binding upon all parties within the herein defined term Developer, and their officers, directors, partners, employees, representatives, contractors, agents, successors, assignees, vendors, grantees and/or trustees. 31. Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. 32. Immunity. It is expressly understood and agreed that, in the execution and performance of this Agreement, Wylie has not waived, nor shall be deemed hereby to have waived, any defense or immunity, including governmental, sovereign and official immunity, that would Roadway Impact Fee Agreement Page 12 of 33 4825-6466-9065, v. 2 otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligations, express or implied, other than those set forth herein. IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective when all the parties have signed it. The date this Agreement is signed by the last party to sign it (as indicated by the date associated with that party's signature below) will be deemed the effective date of this Agreement ("Effective Date"). ATTEST: Stephanie Storm, City Secretary CITY OF WYLIE, TEXAS a home -rule municipality Chris Holsted, City Manager Date: APPROVED AS TO FORM: Abernathy, Roeder, Boyd & Hullett, P.C. Ryan D. Pittman, City Attorneys DEVELOPMENT SOLUTIONS BZ, LLC, a Delaware limited liability company By: Name: Title: Date: Roadway Impact Fee Agreement 4825-6466-9065, v. 2 Page 13 of 33 STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED CHRIS HOLSTED, KNOWN TO ME TO BE ONE OF THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE FOREGOING INSTRUMENT; SHE ACKNOWLEDGED TO ME THAT SHE IS THE DULY AUTHORIZED REPRESENTATIVE FOR THE CITY OF WYLIE, TEXAS, A TEXAS HOME RULE CORPORATION, AND SHE EXECUTED THE SAID INSTRUMENT FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF , 2019. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS My commission expires: STATE OF MINNESOTA § COUNTY OF § BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED , KNOWN TO ME TO BE ONE OF THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE FOREGOING INSTRUMENT; HE ACKNOWLEDGED TO ME THAT HE IS THE AND DULY AUTHORIZED REPRESENTATIVE OF DEVELOPMENT SOLUTIONS BZ, LLC, AND HE EXECUTED THE SAID INSTRUMENT FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF .2019. NOTARY PUBLIC IN AND FOR THE STATE OF MINNESOTA My commission expires: Roadway Impact Fee Agreement Page 14 of 33 4825-6466-9065, v. 2 Exhibit A (Property) LEGAL DESCRIPTION �BM1,DN t°I TTP.T �'�� ul WHEREAS VENT 4,01' $1 A M QNS Bill h.I,af; dM&O 05 59=4 I.,i Ws die rrsaaakr (al 43 Il f iai14111 6ial. 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'a P11441,1.2. P is RMIS09511 HIT mill W+1 1 1 Nil xC i li �Y £S. Y M ARTHUR LAN Lf " E `l M G Wpm Fvl-iya"wHiYdrys§n`�"8�i'4 �a J>#Al ah�fou .rifu'+� .: Roadway Impact Fee Agreement Page 15 of 33 4825-6466-9065, v. 2 DESCRIPTION a"I 1A cal^ WY1 IF re OLLIN ('0i, W Y, f'.A S 1 'I ° l' F is, dircriEu° v yllonr M4 Mvwc Mnx rluc HOC 0 yam k"O 0 M1 rl� ��'O R" 4111:iodl flaij wil'Is VCI1"W i %iaivl w. l..rk Sr'I ww1 Pv wr mel'; s. fRIE er# 44ialm 9i q`x�bW"tac�Mdr. 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N �'x Roadway Impact Fee Agreement Page 16 of 33 4825-6466-9065, v. 2 L E C A L DI' BOKNI AN FJkRM ESTATIiS P11 AS E 6 J A' 114SUlk, VEY �A JjS','MkC1'NO, 475 OIN jX)N -ITY Of, WYLIV k,`-E`,`)LUN: C(X:NTY.T1 \811', T I I L NUC Nuriki Kit &;vts rliu[nAD L'L�nb,kvt4"villa a gkvd; tare k4 4%'1Owl Iron, crud Wofir (Im 111"'Es'llk.0t Ce'-flit-Armn 4 TO 1,1x*11 Ivteiv"Aw, Jegeos +5 Eminulo, NixLqub, Vv"t CL,0111IF1,1011v �'jth Ilk: 1111filt 411e, 0, WAI OOwji wict &ud r6q I ht ii nvqv.'%Etuax unvall"o of "10 Tievier Ovck 16rmf, q 1irta.TECV of W,hh fur tk A vMllch fiw rt.)d *011 nAp 'Alb"kwol tASt") let kir ewrwr, T 0 THFNCF t arrla PO ckvvilk 45 minlivo, 54 %vxn(k Aot rh4, rimb 14V ae Rpnol Inrianj Wile the "OwliEw cal stij rqctmdr Ovek, 00A R d1811-10C M tr4-slj hT4 In a Fravl rc-d w*') �wAiw cq -AamInd i')st, -j%a 4-lf, lfif, Li afa itzwt 0 hm&wril�of mi " Twr I" w rare Oil 14, DO I;t%, by deed r4eat4wd lot Valuou 11jige 911, OMCW POWL, Kainth-, C, khhl Vowity.. MOvd do, tWkIjx Loma of sr kraci of laid Lk-,,VrWed L- I'llevel di LWO, to DK-Cky o F �Ij Ids, Lry At, L, d rwWWd In Voloviz 701A`lp- 1V4 OlKOW V01111c9 c. arclx, Who 4'o1W() Fevm.� T1117SCL Noah 17 ckvrm, -11 niiiwit-, 52, -,,von& Ust, [lac wtmhcxsl lime -A ,�,lkl "Oevajoll Iwo. a dkujick, ch 271AI I Iz *101 yOlmv cpqa vilalfied (-ANCI,el ri,r OW imslvrlRvfvl Coriler 10vtoo., TUENCL �rAi 4J ckgra* 40 mihLj..Xs ski si�,xlmds Writ, i, iig Ole nortfii�wt title of sitid 'Llvviankh Imv, it dbuma [4 7-o.2 4 [;v�r Jkl v 1 4,10 irmi 11*1 �AII) velliv,* iAp stmvipral 4 Okctl riiw Ole N4 W11po aWkf �,lwevr 1110, Nit 62 dqra— 17 tiql1nams 31 '4-,vnvdg W^1,N&imNj Osc rwrihomi"'ui tkiEqn,N,1Akk&"v ,.,4id TruLt", L, driaw it 491) " [--xl ja a qati i,kxf iAiEb yc&,m ops: jl%,ilvd 4ANCTsei IM diC *CSWnMI&Si LuItUM 111givol, III I LN( IK �,PuEh 4,'r dvprvis 20 nlil7utC5 01 wcop& F fm. asap the we'14erflinx-sl tarit45ti Ct.,rneo 1) 1 C.amo 11ewrllh I, rwl', as 1AISMet M 2s I .19 fett, to M I.ifull nisi 41 kh y'. I low �awr sA EIMlV_' fVE dil I EJEC"n '"IENCE &lolm 21 dvy;wim07 rmr,Ertes 19 wComos Wvst, 4ol�g 4 %vo fine -If sw4d "Elnimik Tnao1 Oilmvenf 152 Q pm hi at I Z-A46, 11NNli RA'Ailhavkmv Cop iturtinni, (Ah(is 10F 411 il[Writlr WTOVF, 4hVEkX1fi WM44 U`ViL AAMQ 4 lUVA CoEver (it' �,,W 1-1vok eill IE 1-tvier, a & 431hee of %61*6 OMf 14) at I ��-Vjvl Errs MKI wilha,dlloo, np kingOPM ( CS"I") al lair -Lwrwvifl Elio, fuAlleEw lirt to"I ir"Jet, of h1ho kk'Cnb.On rvl,',N Ram o Lt (, by Jeonj In-videki 't, rlmcnt NumW 20,14012700007NOW. Offiwial 1"Alk Regxor& COU'l Coliall" Jvruq:. I I MAU V Ntwh "'? deg"wei Wl luglllll� a 1 wovkutoe t. 1011 the qwW411'ac I im-ot �-aw I ekW Mud 1A f Ajoawtof � 1� 0 ful in P I "w iftch Wan FM VNbi 047m mp ummjped JASC) 9a Ur llr0 mimb L�ornv thtmil, uvd IyOg on thkt CAA li" 4A l.is i a Cif laft'l jowribeJl to f, %!mudoval rwhd Iv Tim* In dccul icy nkd 6 V,Auujv *T41., N;Ev 1, Off -trial llubjieCullitI tAnxny, lvz%45,� I 11JUNC1.2" N'WOR (IN dqrrx% M r'ROMOWN 13 seei^"t, Lilsq, a(Nfh Urit 6"'W Ism W i41ndtival hmmFly I mvsA InKL MA thl", Cam 1IW ul a Lzmd of lay so U4% so.-wi, Ivy 4L'Ell M-cvnUd fit Vol jivc .5974 , Fy T unr of A P'J':7 fee, ionIN 112,101 iron vid vvilll yello"N cap �.uarlNa 0 NSO',4 orfmxl ill lh,*CIVALwwr tlwi vf,4; Roadway Impact Fee Agreement Page 17 of 33 4825-6466-9065, v. 2 INHERKAS'tlllVla1C OAMIfi "C , tl'l ltlla l3 ,T,1 r tla eykvilar ofaal~l alaaat c laafta laat. tr rt or pureel ofltrr ll Sallmled" in 4.1to JiMirt ll 3aM01,11 SMNWa 1, Alisirict Ntlrratmr 4;5, City of E" ii . (70thn C,'raarmy, Taa.. , aid bee;g, as l of Ihaat :r, iaa lfacr of`faraatl desenbed by deed ray Dev la�atarrlarn: tf�al'Ja;`ma� 1� . �.�.�", rvVor&ul aakirI,Dcowteat a ndver 161:?rMS,900906750 a'afft, 01,155 mI MAlak aat.:cn of Collin Counly, Toga& and more Di lioal"arly desvribed aka fbllL8A%: r ONWI lalf"NO ale ;:` inch am r`yd l6aasaal forth r0,1 aarc9°far lsta 'ie ), an aclal4ifua route Call" C%,"Arai t°wnviiY Texas. alacor rya OW plial therolfm ° nded in 01W ?011 pyon 1 it and 10 of Ow ptat l` ona,ial~a or Col".i.ta caaa5 aY, `I`a xvm aml, being ala Chat mithwesi ffly line cel'Collihs Bi'vUlavrl T HENClt 8tata h 3 dep,, ets lQ axa nlit a s 03 s :4arid* lw°:a , within sal"e3 Dee larprna ul Solullralai Ux , ra rl gmce o'C` l'l57d fief, w «a Ix t I ta'h Irrtt& rod ultb a, Yellow Call, 4 11,lped ,4A1"lfl. Ufivr° 1,TV " C'0Al ? i 2" l °a se lis"rs amIter, being at I Ile bo "ling ail ar cancanT I a l tl wit I anaditip iyW50 fact, limait da a Wlg a Of To dopw av 51 wc&aem, 5 a Loom , md1cft, chorl"t1,0=rh Sing 13 l " 'V's 58 mimlos 17mhonds Ron. ra_tlattatrawo of M4".W, h lala rw(h,"(.tn't rep 0* hill wilt, ea r dws 41 �1,,50 ri at I ming a tla;llaa MtAI l ela aza�a I l laaalnlmsa 03 col'i s, tialaa- alrl)rdl been ount `°' &PCa m tTrirraal 36 co Eta., a diswico, of 177 fr: atie 71 VNCV a"aattt%rarmi aaaaath Pa ,d cwvT w arc letmlli of l 8,82 fw tv a tl r" illull lroa Tgxl with la yelk1w, caap Aa mgaar 'A SC— v a bw r°m us A rl pA t it twir, g", W tlW tv, Win i'qg of as Ivvej-'sa a 1, thh ihta lal:�lat %kmb a rudrus of 847 a'r f`j2et., hA aart a ellz,llA lvk 10; al,1 l d' 02 ajaOno as 2(,T ,eon , asbovul ahad beam * M � 4(4 ct ta;a rrlilliataq 58 sc�ont li t. a tla , c 0 f�aC, "3"lPli.l" �� m.aa�aailaciaita,aa�arla �anir� a:a� art'a sere laaatla whl' le5"C.?o"1 l�a�a tar a s': i�ta:lt ita�a �acl awatlm as �-talleara C NO 0 atargmd . l t—, set fol, con Iar. said,'pottit wi,i,i llac bt,g rraartlat oJ'aa c or, Eq "aark c unv the dw r%ahl Pit Itw,4llta4 of 107".5t« rcer, beam a (lie 11a,O,e of o' i dquava 4 7 tuilltac" I �vcot k Wf1fti elre f betas Wa M T dogmaa. 09 rrarlaaalr;g, 1:1 sr=cort M, as dis taace of 0, l l vt: 'l KNC E c trtlranng writh said x;atrve au we lenph aal'48271 f *t, to a aw inch ernes rod will a Yellow THKNCE "mini 16 depeag V nimmeq 29 mmonds Ea , hat a (6,44114C or 1,2.2,9 foetlo a �t at°t"A rod smile a T° ltoaat ",4Sx's P 1 . I" a Pl"h..K,lh.•v^aiaraaa.l lAn Caa'"an a" rs ,NVI _. YxCt Okla wt:. t�%ha`�ar4'r5•. �:>be "n�:rta� _ tt"•r"t..�a" a. �aar�r��.+ ,.HUG S.,NPF+?fisdf zM;1 y'h4�M'l$tp,�.0 �dn. Roadway Impact Fee Agreement Page 18 of 33 4825-6466-9065, v. 2 THENCE a"+1S $9 dagm A a uu= 00 ncv*tlms Lwq,, � art aaiat� arit:gdGat ail. i t� lv�rtlteaat,< -�%lttOoly t 1, A tm rco OT 115 A fact too -it k,-,hlrv4l nXI W01 I 4Y01okv cat) stkill 1[)01 ..J°547sat I' ca.kCAat'.1'. THENCE South 54 e � � �� aalallut a� l � '��altl� T tart.. aru�rtl¢s11.1iat� art"irhalrt itl l.p�v lvrlrtaga all &Attaio, 3, At r1iM&bcr.111. "' .ttti feet, to as r,. inch iddtta rcdl rw ith a yello%v a°pia maadapeaT .h, "C" let radr ra+mj", T R, iNC8 Notlh -6 tlggnugplat tnrttttte,'-t�; : orals}::, LVr sdddtitIg Milritr rast;l View-1Oprist'Ta sq.ThitiR'7r#'a la a :l.a a tTi"arinrrr, of 11 _53 feet It, n 3°. ivich i niq rrtf�l with ar Yellow a afr O ararpbd ".aSC""Awt lbT a: arw-u'tarc; 'T`HFNCY Noolt 28 depees 20 rl°wi hate, 4 IstwidsEwst comming Nvi I in s-aid De°a lopfl nt 'Soluti lm la •t. a wamwe of 8,4 `"u to a .ea. tndtrd iroTt 111b d"1 a. selltaw cap willae i' ',O " 1 l'irr cocner, beiijg Ev tlae begifulipg of a tld la G arM elat r t 'o la', I1Y:e° 11Op Walt ad rtarlilla of 9 1 4,00t,69L ba J11. A d ltla on lc of 15 t a t s Its ttt1ar11Tt 1sc ynds, ar°ltt chtdattl be . , South 47, tic r� w Ft8116rtFit es 109 eaaat"1 s "t-s1, a a jsfianr ar of 212 °130 feec THENct taarttltilai#"t;� kitb 111 �'avo An arr IngjIt -if 143,22 ivi lid at 's imb iron roki, 1vill4 k# Y ll1ty tla�trtt,llr l: ,T..S ,�° i`= "v`d iactt tetar! gar t o1r1.' mnalilly ofre"O - ctt [,? lbe 101 ho"vira sa radiv.w of `t 1 th.tdat rea4, %,vadhr a debar an#& V02 duyv R 30 yr ns e; alai wv'hraa � cTra-rartl Ix South 48 r'lery s 32 atitlddles 1 I d:s nik We . ra dRistaanct,, of35.t�2 f r: "T TTTiNCE North 42 et. s =1 wI adtiaadat S Iii 03FiajS, Nrv'd wtt nn, said DeveJoilitta tat olutjow tttattt, ra eta nn off t1°l`tt1 led to aindi it tTdxl walltayellow i t t °'ASC" Stl f0t, Cotner, THF,NCF otTPt63 degtcus 57 �� attrea.� ��acta. �d�taratrrii aa�ll�irl��irT lkgal lt��rtt�r&l' dlFatrclalrr t ° a. da aTittd e of lt1 ,81 1l'tdr 11G "I" iiaala iadrru arT aait.Ta eT1 Iry dealt tlarra tea r Ar comdr, ,T..ltTlt��: t~�s�t111tb" ta<3laaittrtrd:� t.11 a��ra'+ri� °roan �a�aallltrlla as^tll,ttf �rtstl'1`r��l��Grtrld�rr. wa'xMtarar�r kas�'im � dui rat uT9" 1`t' "°�t hest' A n �'= itraaar inr�a rr�i �w�i1d eellab�v° a xar�evT `�l�r",.�.1 Ilwt a: ��raatrr�. THENCE TOWa ,= 54 aatr atae€ 38 cvftds'aat"a+ i eomillu,'"IF withift4d lminApTtrtr ll BdaGtativlra� rt�#l:l, Fa a�itarlve td9 ;..'� 1�t�1 Na a : _ trt�h[ 11�4 rd ta7i�11t Pa �°allretat° 4;tt�i atSaat"ti , T,�t.;°.° aet 1a'ar �r' a T H KNC 1 r4mtlar 10 dgpNvsa 23 rnirttttu�"a 5 a4&-,Coradls w1mt, cum'd nairq, vitilltan 4'did fltvPdoprntru S11111 o t `I- dia' , a of 1ri5.25 tit 1d dv PUN T` Olt, Et�T 1 t�, tdl entl tidirt, 1, 01 items4"}flrdlo atltmvvq'1"s, 3 rdiur SurveYS.C1,Inc T"'lt�,r.��atar�,rt T�,itrrrT .ttr�emd a;�r°:� P,4''ar"oirk,�dGa•. r.� rm �at�:,' , S`t°°.d"e*`�"�` °r�. M1Et�:"��d`d�a is db x«+M a't�d�"drmxdz'R`m"g 9PP�"� zau�r ' Roadway Impact Fee Agreement Page 19 of 33 4825-6466-9065, v. 2 TRACI 2- 10,634 ACRE, 5 AVIBEREAS D M. LLCt4 the owner of all that ealtali lox. , ij-J4 Cyr parcel k'4 fatal, situated tvilhe Mia Co, Jotter : SuxNvy, Atvtmei;,Ktuulm47�, C,'ily Of Wylie.. (,Ljjj&jP (7rPirdy, Tvxzs�, m&l biting is PM'1' of 01W, Certain I liwl by deed iltiliiau Liz, uc_ TecoriciiijyLilcrDLxkiiiietit cif the Offichil Poblic IR ceor(ls 0 f 1 tr�%4„ VVIO utorc l iiaa rillrrle dowlitv, 0 as rbklm"": al a k", ir"Wh iroll unt, foloW, filr PIKkalif We"st rox7lurol"Aiviumly"'Unn V1111we �. all "dilitiol t I'k, t tic (11V of WfIiv (AM u ICOUV�i T&VW 14, COFIRr(9 W OW 11lat ill Cal-anet 20K Pages 124 4uul 12s oftfic Plot, Deist till cdljjltic qffal'' Texas, wid, k1eing in, the villf hiie-tslerly blic of CIA''blis TUEN("r N�(qjjt 57 dV_gtt-Vq 411111lutag- M w-etindg FIRL WU Ill e SollbeMYteflyfirm ofgmid Colkng Bouievard adistaff ce i:"fOM feet, Wa "ARVILT SLIRPTITW" (,',QM,") sd fen t'vfoll ri:9-lier of L(A' mck j or,",iki Piivw. i -,mrilkid ticitig fliv KANT 01411)(C",INNIN1111 TFtPN,1Cjt Naidlt 57 &Igme."q 45 na-liules; 06,t�ewr,,44 Liasf, %ith (he swTlhoa,�-a 11"lle cif quid f,, �Q'X, a clLstaixe ofl 051,58 feet to a t indlifun axf NNI'di 1,1 Yefiexv oalt sul"Iped "'iet, fi4 the Axtli ecnAitr of Lct '_1111K, 13jock, 13 ktfsaid pluvw� � Iviag it! [tic ewlcdy lute or"broy Ri"Xid, .4,japoiat twli'rq�' ai the tv'gilludiag 'If a lioll-4mig!'ea"t via-ve to die ng 10 ('10 ftet, havitta a delta Migle ,le wdill, a ra(Uw of"St ol".3 depexi Oil initmues (H sC'(k'qtds, whk*t c1tont Wars SOlith 00 dvgjcv31 ruinates 59 �;Ocklff& East- a oil, Iajvv of'39194, reel; THENCE wittituting ivilhsw'Auime ljj sire lei ow i:,sp &tAinped �gei fetr cemer, Tur Nic, V SO, 111111 00'veov- �� Im til"11'es c"I qpeoi�ltk wesl, Wi0ii it said Ut %'v"l'0p"W!uj iq'*0j"Qj Pr' IrAij , 0, diOutlea, k, r '21.,15l'i'l ficef lei a is in rml with a vletlow L:,.tp 4suilvd "ASY"",sul roT rk,'lmur, be ,at svacM tft 9 & ta ark t� '7 Bioleeg he ben aunniofaurvv to dw r( p- ingim n4h us of `fr] 0.00 feet. bav I H d s ).'1 rrCcrpk ar, 10 gecojitli;, $okldl 2ittler-nTs l siiialiil 10 s"itc(Mu"It'. WQ*'A_' aoi,01411"'C of`272,46i feet-, oltjs -,q4ti Piled 'ASC" sw Fa cmpu, 01 ;t'LqNatl4 WeA, %A11tiqui Developplent lttch iroa, too, M01 ki Y010tv cup st'll"IWO, '"'OX-4to fivCt"'Ittr nliur Surv, e, vm� Co.. Inc, F'n­ Sow, NP Rm' '14 x1vW'*k'A" '"5051 - ff-RA, py"t, h"A'ah"We' Roadway Impact Fee Agreement Page 20 of 33 4825-6466-9065, v. 2 THENCE Nmall 60 dap"s 46 rmuuos-211 AxcwarC4, voiltilluisk-- wit,1141,58W 1.k"vtt10p—tTtmi SIstaill Wr olulion; trut, a 4-4mco� mil, Net qo �i k--' jwlt irvo uxf Wilb a yCell 1%, al - pod ccMUM 1-11FNCE Noiih 71 ale 36 jiblaReg 46 suconds, %Vetl, certlinarg %ialiTtsmid Deve'lopiniatt Solu"Liolus Lmxa dislance of 13 75 fees to a Vick jR741 A-4 With a )VULAW, Oljjl�Mlped "eLSC" 13V RYT cqlvvcr�, T", UNCE %I 111 If 71 ikspures, 0 11,611 Ut 1 w� 0`� 4tC4Nrvt4 Wow corKha4ug avl(fiioz sakil Developale11t sollifirliv, (1,00"n r�itaianca of 15M0 feet it" a inch inxn nximit"I'l a VulloW uqi,,VaTffp&d ktv THENCE rasa ltirojuig Nvirli smd i1knee auldric leas offS9.94, k*L, to a ("' Inch uxona'Awlih a yello1v ellp qqJ111le'd "Isc," 4;v Guzmer, lVilk,411t 11101AM0111jUP 017A COMIXITOWCONT to IN? 101 %J1114, fmh-us 40912,50 feet, luvisg a delta u;L or I I degrevs 02 juinuiess 20 secon&, svitiwitcIvord bew's dLgeell (A ulil" I P�s S14� �czxMX14 Wtt"O, a di it ance of 1,7534 feet; THYNCV! cOvtivlliflg; 8-411said If nL-an-n,1011,U01 of 6i 1" o 1t,IMII ktatt, rM Mull ki ycllmv top stPurqvd, "A.S(` ` sd fin Lomer twilit" To the brAn rmdi _Tkg of u rewurQ cvvu ko the ogbt M*h a imdi I Is okf,07 -50 tect, bar al g A m altar 1"Ie mil" 5 I degrees U juinutes. 38 ickxirt6s. rv] it) Ke dlkaM be arp No vilt 6 1 dkqqmves 4's ill ir (I, ves 41) wtonais wo, AtIa tt rwa a.ai-5"I35 Cr THENCIF aintinuing o4th uid von't at arc lenz of 3,66,511, r"A ka a inrill JvAj NO'di fl , 0 01 yUH V capslainped ASC"sej fvr%:xkrner THENCE Nlod[06 30sekci3nkl;� We%, a &Oance of 141-43 teet hltheVVI' OF acretckf hittirt Molm of [QNR, Tkkff 3: 9 X 9 ikc K, P11 S AV TIE"INS ury M-OPNITENT "'AFFION s OZI Uc i* 01V k"WkviWir oho 0184 0,11M,11 lot, rract kit parcel of Jawl similed, in 1he Man G, kilev Sunvy, ALbstmast Nuuitu- 47 5. Citty of Wy4e, C'�ollbi coufsyTexas:1 atia heivig a pan, oflbRl cogaiii ima ot"Imul clewribeO by 40 to Develall"Noto &-tJohows W— 1-1 .(' ra-,corded urk�ier Dt�,%-Lmou[ Nciiptxi� 20139M,28000966750 melt 0ML-kal Public ,R eeor& of Callhi 611,1111111y, I P'xu114 Moray po krilirly da��,eritW as 6)#olm COWNWNC INC ad -a u,la irm RXI ka]Ud klf lbws ikWFWMT-4 ucnuer of 14<kzu11un varni Est aies'. r, thur pryno, Co Inc t - Land S"orve�ve'v's ..Mx Ki,,,, Spa -*, S.40,_VVw fRfjt Rqj, 4 Pnq, �:4647! - ff-PUN, 'No h"On"30, Roadway Impact Fee Agreement Page 21 of 33 4825-6466-9065, v. 2 Plim-we 3, alt addifivit tv tk Ciq (if Wylic, Ct4hil,061umity, Tav&i, Wevoyding lip 11W [qm in (�n bin et 2014 I? Fwi 12,4 tuui lzi omit ia m kit Reco to g or(%11 I u I, (70110t5'. ul)xvlg. cat ,Li beil I# ill Ile i;X,41ff1wV,*1MY filli: ot,'COI Ibis BOlIeNW—A 1-RENCE Nolih 57 degq 45 lillilotes ft woud-4 hag,, With Ott. SouthemAelly litOfigni(l Mlase 3 aildcomutwig wdftut Suid -SC&O'kin's tract, a, di"%alive of 19,57 16 16o, Foa hich imn rcwd widra vellow cap slanalwd, -',4R77t1-),R SMI-7717NG betW,ffie POINT OF BEGINNUNC, Tlf L; Nivtih 57 wt*;, 45 11-liTnAeA, 06 4&cxYrr1d4 %�itjljTi Raid, Of,tiar*] qmu# %4-4 utir ffvk Lima, a ifistmiju,, 0f:M,63 fed to a t,:indl irm m16kilh aYello* cal Awliped 'Affil— �wt, fbi coo-riur_ THENC E Soudi 61 de=.as 55 juirtizar 02 -%vonds EaM, untiftlibi witlkfi said Develolutielit iollitions ulta, a (lisiance f6cl to 81 1t, 411c11inin u'd Mth a yell", ,- cep mamlvd "'V - vp fovevmtr THENCE South T I de wale 31, ininiles, 21 sweIftis Ejsi�, continual widda inid DrC%,Uk)PjjCfA SATI111411M bW3, I Chh"Injuce ofu,;,66 I'M to ij10vin'M rcm1vvilh :l vel'b"m Call St M."Pe d "A.W" Aut 14T CCVT%,�r, leilig M 0,14 beptlinii1g, orki,41mv w ft. 104 kkUll A mhlzo� 111,00 j!W, havill"n it (JOIttl of I S 4kprus .,;4 fill aku, O's $r) P,Lvknt(k, wfiose dkvd fie-4tv", Soutij 1Kl ilqzeu,�44 6 nkillul oi 49 ;,C4cquts f-jud, a disumcc of,43 s44 feet" THIKUNICT, CCq1tiolijul t1h 1� Yf g "ith Saki Can'rall atic lellglh or"0-61 feet W, 0, 4101 bVIRI rek, - 44W"� cap,staitiped "ASC" i;v* fix cm, ier, THENCE Notilt 89 degws 57 utirtutes 4 � 5econds, Ev, uithdn DavvJopnkeut StAilions tit cl, ,I ffig&miee ofn-r feet Tk) jm w, itich trottrod MOT a yellow Cap st"14111)01, -,4,.%,` f6f coxtflet-, 1*11g, At Ills bev�' Jubi.* of a cruve, to, the ]ell vki'lh a Laditz af,'61 0,00 fm, hu)trm il deli allgle kxf 01 degme; 29 lmblutw, 59 qeCA-,M,4q, kvflr)'qe Cliard, hwn $LNuilt 02, eIkgmes 12 n0lilite4 .l2 ,;)er-otuls We-0- il akt�wo orssq,s-1 141, 'ruivve1v axarj;LwTtg uith 41ri.c1 tiff-ve M Uri: le"Oh of 5S 55 fetl to M 112 inch inIT) Rid A-6 a YlAlonv eap,onulped - 'AM", " -,m fA.W conjer, THEN( ' T S ot W It 0 (l &,--prt es C)Z 111tillifiDs 17 w,,alld s Eu,%, tk* Ittri iAwid Dnvl opm ej d SAAiii i ow mm, a, di,mittice Nf 1, 04.83 foo ro a bich iTtAl rod N001 a yell'ou, vallfafluiped I'ASC "sel fixt, CoTVICT, bullp" - at , the begiimbig k,)fjl I m4gent 01,11NV (o the'dgh %vidl A Fadius� of I 161,50 fvt.]., Wu1jig a d0ta We of 21 d egmpas 2 1 it i ittij tt 3 3 ic-,4-vtl I 41s, wit(m, 0 llid lie, al 1S ot Ot lib Ile v jevi Aw i4r ,,38 111titutep �9 ueorl ,�L khOulce ofI-11t1 rem THFAV'r, CoTtriarlift tk 0] Mtij, ctmv Ali 41mv jojigill, 4435,,%5 fi, I(,, it k,-, i.ijcjj ixott roil klitlk ttyellow ahur Surve i*. F'�fla CO In, ) t , x,Rl,vss ioxvo f Land - So rvt"'r " ', is 2-M SA—'J" Sir p":,Vy- P(A Om .y4 f'ovim0fe, TF-PUS, ?Nqj, hmm"I'lAo Roadway Impact Fee Agreement Page 22 of 33 4825-6466-9065, v. 2 Exhibit B (Street Improvements) Roadway Impact Fee Agreement Page 23 of 33 4825-6466-9065, v. 2 i11 r L L _ ME— m i��(3 .._..T.,. ^^mom ... ........... `.. fi �xwm, aaa,A.aa 4r:.w.q..F Al kSw LT&a almmry.�x TmA %; a'n Obi -tire �' a. N3: €a¢>m Uk at do �$MM Y1"A2"�s 'V.F1. nf�L° n Y � a, ,z, ..e a wm s p��q�. A fl gym. Roadway Impact Fee Agreement Page 24 of 33 4825-6466-9065, v. 2 I CIVIL CONSTRUC7701V PLANS EXTENSIONBOZMAN FARM, ESTATES TROY ROAD Rpm Crly Of ,._ M 4 aws'sMM rx tw, Roadway Impact Fee Agreement Page 25 of 33 4825-6466-9065, v. 2 u® Roadway Impact Fee Agreement Page 26 of 33 4825-6466-9065, v. 2 rye, I' 6 w° :ae 7 4 7. «..� o� m maw 4 ;..,,. . ,� .:�,m m. ...gym ��rw�. .. _. #•e w^kmeww ram... .. .... � .u, es�w" � °� m � ee a e°*s +cam °s^ Abe e.i P• a cu°+av�e lea m r..r,`.v:�.� >» �:��„ aw.« .,a, , s � �+� � :3.e. , w ,vas m. .m tn^ e ro v a M `S +uF rtY > ,4b"W58 !A: ak5.'•<i'S" fC '°� ^" ° 6 "§N. bt.4#4 $% tl 4m^N t�"a�•'s 'ck ht4 'aM.0 E P"bY• 4Y. §� "4 t '� Lx"+^S ek4� w't m+. �C §06 �a+'a ?"+ K<,yrv. iW0. 3k. Ch b° P "+4�.v" s$.e'Mi'h•}. Abpka'W �Y " .$ Rom, w Pml9` � �S+Vi i#,+' fi §tuY. 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XX Roadway Impact Fee Agreement Page 27 of 33 4825-6466-9065, v. 2 4 � x y E { 8 w � t (w ° try 4 RM Roadway Impact Fee Agreement Page 28 of 33 4825-6466-9065, v. 2 'AQ� 0 ■ Roadway Impact Fee Agreement Page 29 of 33 4825-6466-9065, v. 2 EMMEM M Roadway Impact Fee Agreement Page 30 of 33 4825-6466-9065, v. 2 F I rr TERSE, r a MY° 4 F s TOOKIF RD CViMW,RD9,B AAEWCRECKR OWRAU RAN ITZ zr s 2 It 45 ,.5T w. w TPOY TS 6R 7CRR*. ,j7r,TA.?N AT Roadway Impact Fee Agreement Page 31 of 33 4825-6466-9065, v. 2 Exhibit C (Cost Analysis) Ridinger Associates, Inc. 650 S. Edmonds Lane, Suite 101 Lewisville, Texas 75067 TEL: (972) 353-8000 FAX: (972) 35"011 PROJECT: Bozman Farms Phase 5 ACREAGE: UNITS: JOB NUMBER: 118-009 DATE: Page 1 of 1 Roadway Impact Fee Agreement Page 32 of 33 4825-6466-9065, v. 2 Rid Ing r Associates, Inc. S50 a. e w 1111 : 4 3$3mw PAX: pee x as 7 a Fum FlOm 0 AGNUOR, uNrrg j n- 119. al-Immil�g'-�,,�-,�"",�I'm�qmp mos.;IW1 Roadway Impact Fee Agreement Page 33 of 33 4825-6466-9065, v. 2 Ti;�����•.. 7{. }tip' ,,,p ;, J" ',c'. W f �e I +CM -tu E y ' AL. � r 1.. Meeting Date: June 11, 2019 Department: Prepared By: Wylie City Council Item Number: City Manager (City Secretary's Use Only) Chris Holsted Account Code: N/A Date Prepared: June 6, 2019 Exhibits: Resolution Consider, and act upon, approval of Resolution No. 2019-17(R) requiring the Wylie Economic Development Corporation to obtain City Council approval of projects with third parties before executing the agreement. Motion to Resolution No. 2019-17(R) requiring the Wylie Economic Development Corporation to obtain City Council approval of projects with third parties before executing the agreement. Approval of the attached Resolution would require City Council approval of any Project (as defined by the Development Corporation Act) proposed or approved by the Wylie EDC before it executes the agreement with a third party. Page 1 of 1 RESOLUTION NO. 2019-17(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, REQUIRING THE WYLIE ECONOMIC DEVELOPMENT CORPORATION TO OBTAIN CITY COUNCIL APPROVAL OF PROJECTS WITH THIRD PARTIES BEFORE EXECUTING THE AGREEMENT AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. WHEREAS, the Wylie Economic Development Corporation ("Wylie EDC") has the authority to expend the proceeds of the economic development sales tax for the purposes authorized by the Development Corporation Act; and WHEREAS, the City of Wylie retains the authority to approve all programs and expenditures, including promotional expenditures, of the Wylie EDC as authorized by the Development Corporation Act and the Bylaws of the Wylie EDC; and WHEREAS, the City of Wylie desires to approve any Project (as defined by the Development Corporation Act) proposed or approved by the Wylie EDC before it executes the agreement with a third party. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. The findings set forth above are incorporated into the body of this Resolution as if fully set forth herein. SECTION 2. Any Project proposed or approved by the Wylie EDC must be approved by the City Council of Wylie before the Wylie EDC executes the agreement with a third party. SECTION 3. A copy of this Resolution shall be forwarded to the Wylie EDC. SECTION 4. This Resolution shall be effective immediately upon its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 1 lth day of June, 2019. Eric Hogue, Mayor ATTEST TO: Stephanie Storm, City Secretary Resolution No. 2019-17(R) Requiring the Wylie EDC to Obtain City Council Approval of Projects with Third Parties Before Executing the Agreement Page I of 1 2776317 Work Session B Lu get Fooscal 'ftar 2019(w2020 Work Budget Agend-, Presentation of FY 2019-2020 Budget Workshop General Discussions Assumptions Affecting FY 2019-2020 Budget New construction value is estimated at $171 million. The ad valorem revenue is based on FY 2019 budget plus the new construction revenue ($945k). e FY 2019 Sales Tax is projected to come in 8% above budget (General Fund $416k); FY 2020 Sales Tax assumption is 5% over FY 2019 projected amount (General Fund $281k). ,* Home starts are projected to decrease from 600 to 500. Estimated 6% increase in medical insurance costs and 15% increase in dental insurance - $238k; General Fund - $196K included. 9 Public Safety FY 2019-2020 step increase estimated at $68k included. Merit Increases projected at an average 3% for non -sworn personnel (effective Jan '20) estimated total cost $340k; General Fund - $245k included. Assessed Valuations N City of Wylie - Average Single Family Home Value for FY 2019-2020: $276,382 Collin County - Average Single Family Home Value for FY 2019-2020: $376,164 * Certified preliminary assessed property valuation. fbtal Annual Sales Tax Receipts' $12,000,000 $11,000,000 $10,000,000 $9,000,000 Nf 1— M $8,000,000 O $7,000,000 � $6,000,000 '1 $5,000,000 $4,000,000 $3,000,000 $2,000,000 $1,000,000 $0 2013-14 2014-15 2015-16 2016-17 2017-18 2018-19 2019-20 * Projected to be 8% over FY 2018-19 Budget ** Based on 5% increase over FY 2018-2019 projected amount 5 Sales Tax — 2 Years Coaster) (Roller 1, 200,000 1,000, 000 $800,000 6 Revenues General Fund Projected $2,768,000 6% $3,613,704 8% FY 2019-2020 - $4315131903 020,990 $1,677,459 $1,$397, $2,345,787�4% -20 —\ 11% 6% $5,926,800 14% 500/-$38 2,500 / 1/ $25,381,163 58% • Ad Valorem Taxes - $25,381,163 • Sales Taxes - $5,926,800 Service Fees - $3,613,704 Franchise Fees - $2,768,000 Transfers from Other Funds - $2,345,787 Intergovernmental Revenues - $1,677,459 Licenses & Permits - $1,020,990 F Court Fees - $397,500 Interest & Misc. Income - $382,500 FY 2019-2020 - $40.1907.160-1 $3,530,803 $1,295,544 9% poi $4,600,! 11% $10,851,353 27 ,629,086 50% • Public Safety - $20,629,086 • General Government - $10,851,353 • Community Services - $4,600,820 • Streets - $3,530,803 Development Services - $1,295,544 M �lllll"rojelcted Revenues over Expenditures Revenue $43,513,903 Less Expenditures $40,907,606 Projected Available Funds $2,606,297 Factors Contributing to Available Funds: 1) Property Tax Revenue increase based on estimated new construction only - $945k. 2) Sales Tax Revenue based on 5% increase over FY 2019 revised projection-$281k. 3) Fulfillment of Woodbridge Crossing Sales Tax Reimbursement - $550k 4) Removal of all carry forwards and one time expenses . 5) Minimal increase from FY 2019 base budget expenditures (inflationary costs absorbed). N General Fund Estimated Balance FY 2019-2020 GF Fund Balance Estimate: 25% 30% Amount required based on estimated exp. in 2020 $10,878,276 (a) $13,053,931` Est.09/30/2019 $16,039,787 (b) $16,039,787 Est.09/30/2020 $16,039,787 (c) $16,039,787 Excess Fund Balance $5,161,511 $2,985,856 (a) It is the goal of the City to achieve and maintain an unassigned fund balance in the general fund equal to 25% of expenditures. The City considers a balance of less than 20% to be cause for concern, barring unusual or deliberate circumstances. If unassigned fund balance falls below the goal or has'a deficiency, the City will appropriate funds in future budgets to replenish the fund balance based on'a time deemed adequate by the City Council. Bond rating agencies prefer 30%. (b) Based on FY 2018-19 projected revenues and expenditures. (c) Based on balanced budget (Revenues = Expenditures). This Fund Balance is 37% of expenditures. 10 0.920000 0.910000 0.900000 0.890000 0.880000 0.870000 0.860000 0.850000 0.840000 0.830000 0.820000 0.810000 0.800000 0.790000 0.780000 0.770000 0.760000 0.750000 0.740000 0.730000 0.720000 0.710000 0.700000 2012-13 2013-14 2014-15 2015-16 2016-17 2017-18 2018-19 m Population 70,000 500 , 2,38511 50,000 2000 1,5 ,00 150 30,000 x 1,035 100 ,00 1�,�� 5 500 5 4 1./1 1/1 121. 1/2 1 1 1/ 12 1 1 . ; 0 Axis Title " Population -5F Permit -Avail. Lots 13 FY 2019-2020.,:o General Fund Budget Points 9 No new requests included at this time. Funding is included for Public Safety step increases ($68k). Estimated health insurance increase of 6% for medical and 15%for dental is included in base budget ($196k). Funding is included for average 3%merit-based increase for non -sworn personnel ($245k). 14 City Manager Chris Holsted 972-516-6000 Chxis.Holsted Finance Director Melissa Beard 972-516-6120 m, e 11 s s a. b ii, -� . -c um