Ordinance 2020-321
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ORDINANCE NO. 2020-32
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3020 64:19:35 PM OR 117
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS,
ABANDONING A PORTION OF PUBLIC RIGHT-OF-WAY
BEING 1,215 SQ. FT. OF UNIMPROVED ALLEY WITHIN
THE J. TRUITT SURVEY, ABSTRACT NO. 920, AND TO
WAIVE THE REQUIREMENT FOR AN APPRAISAL FOR
SAID RIGHT-OF-WAY ADJACENT TO 202 N. 2ND STREET;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property described herein is platted as public right-of-way surrounded by
Lots 5 & 6 in the Railroad Addition, said right-of-way being approximately 1,215 square feet; and
WHEREAS, the Wylie Economic Development Corporation, principal owner of the
property adjacent to said right-of-way has requested that the right-of-way be abandoned and
offered for sale according to State law and Section 2.12 of the City of Wylie Subdivision
Regulations; and
WHEREAS, the City of Wylie has determined that said right-of-way is no longer needed
for public access purposes, provided that existing utilities located within said right-of-way are
converted to easements through replatting or other legal instruments by the new owners acquiring
said right-of-way;
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS:
SECTION 1: That the above described right-of-way and as shown in Exhibit D (Legal and
Survey) attached are no longer necessary for public access purposes, provided that existing utilities
shall be located within easements, and that said portion of right-of-way should be abandoned in
favor of adjacent property owner(s).
SECTION 2: That this abandonment shall extend only to the public right-of-way, title and
interest which the City of Wylie, Texas may have in and to said right-of-way, and shall be
construed to extend only to such interest that the governing body of the City of Wylie may legally
and lawfully abandon.
SECTION 3: That this ordinance shall be in full force and effect from and after its adoption
by the City Council, as the law in such cases provides.
DULY PASSED AND APPROVED by the City Council of the City of Wylie,
Texas, this 26th day of May 2020.
Ordinance No. 2020-32 Abandoning a portion of public right-of-way being 1,215 sq. ft. of unimproved alley within
the J. Truitt Survey, Abstract No. 92
Eric Hogue, M or
ATTEST:
Stephanie Storm, City Secretary
Ordinance No. 2020-32 Abandoning a portion of public right-of-way being 1,215 sq. ft. of unimproved alley within
the J. Truitt Survey, Abstract No. 92
Exhibit 'D'
Alley Abandonment
5,958 Sg.Ft,/0.137 Ac.
SITUATED in the State of Texas, County of Collin and City of Wylie, being
part of the J. Truitt Survey, Abstract No. 920, being a 20' unimproved alley
running from the south right—of—way line of Jefferson Street (a 70'
unimproved roadway) in a southerly direction to the north right—of—way line of
E. Marble Street (60' ROW), lying west of the west property line of a Wylie
Economic Development Corporation tract as recorded under County Clerk No.
20190213000150300 of the Collin County Land Records, with said premises
being more particularly described as follows:
BEGINNING at a Roome copped iron rod found in the south right—of—way
line of Jefferson Street (o 70' unimproved roadway) and marking the
intersection of the northwest corner of said Wylie Economic Development
Corporation tract with the south right—of—way line of Jefferson Street, and
being in the east line of said 20' unimproved alley;
THENCE departing said right—of—way line, with the east line of soid alley
and the west line of said Wylie Economic Development Corporation tract, South
00'00'19" East, 297.92 feet to o Roome copped iron rod set marking the
southeast corner of said alley, the southwest corner of said Wylie Economic
Development Corporation tract, and being in the north right—of—way line of E.
Marble Street;
THENCE with the north right—of—way line of E. Marble Street, and
crossing through said 20' unimproved alley, South 89'43'51" East, 20.00 feet
to a Roome copped iron rod set marking the southeast corner of a Wylie
Economic Development Corporation tract as recorded under County Clerk No.
20111026001149560 of the Collin County Land Records, from which o CIRF
bears North 12'35'46' East, 1.63 feet;
THENCE with the west line of soid 20' unimproved alley, the eost line of
said Wylie Economic Development Corporation tract (County Clerk No.
20111026001149560), and the east line of a Wylie Economic Development
Corporation tract as recorded under County Clerk No. 20190510000523730 of
the Collin County Land Records, North 00'00'19' West, 297.92 feet to a Roome
capped iron rod set in the south right—of—way of the aforementioned Jefferson
Street (a 70' unimproved roadway, and marking the northwest corner of said
20' unimproved alley;
THENCE with the south right—of—way line of Jefferson Street (a 70' unimproved
roadway), and crossing through said 20' unimproved alley, North 89'59'41" East,
20.00 feet to the place of beginning and containing 5,958 square feet or
0.137 acres of land.
Exhibit 'D'
Alley Abandonment
5,958 Sq.Ft. / 0.137Acres
J. Truitt Survey, Abstract No. 920
City of Wylie, Collin County, Texas
July 19, 2019
Page 2 a! 2
P./AC/201902/4C852270.0wG
Roome
Land Surveying
2000 Avenue G. Suite 810
Plano. Texas 75074
Phone (972) 423.4372 / Fax (072) 423-7523
www.roamesurveying.com / Firm No 10013100
wpm
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EXHIBIT NO 12 - First Baptist Church
OH — OH — CH --- OH
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0
•
ss ss
Jefferson Street
\ (70' Right -of -Way)
PPT guywne
s I 8" S%anitory Sewer
0
rock road
8' Waterline o
— OH — OH PP wd Inc
' —="1 off — PP (11
TRCIRS?L1 'CIRF (CM)
Lot 9 & N 1/2 Lot 8, Block 9
Railroad Addition
Wylie Economic Development Corp
CC/ 20190422000427560, DRCCT
[208 N. 2ndJ
Lot 7 & 5 1/2 Lot 8, Block 9
Railroad Addition
Wylie E onamk Development Corp
CC/ 20190510000523730, DRCCT
[204 N. 20J
Lot 5&6, Black 9
Railroad Addition
First Baptist
Church at *lie
CC/ 20111026001149560, DRCCT
[202 N. 2ndJ
CIRF bears
...-N15105'53'E 0.98'
Fli ___
14Waterline
OH —
CIRF bears
N1735'46'E 1.6
RCIRS
9
trailer
• 0
PP
onc.
LINE
BEARING
DISTANCE
L1
S89'43'51 "E
20.00'
Legend
CIRF Capped Iron Rad Found
RCIRS Roome Capped Iron Rod Set
DRCCT Deed Record Collin County Texas
IRF Iron Rad Found
CM Controlling Monument
SSCO Sanitary Sewer Cleanout
FH Fire Hydrant
S WV Water Valve
AGM Gas Meter
PP Power Pole
— OH — Overhead Lines
— Chain Link Fence
®Wood Fence
Atmos Pin Flag
S 89'43'51" E
10.00'
0
N00'00'19"W
W
v
In
u-
N
N 89'43'51" W
10.00'
�%Z
' L3,47 2 IRF //�
- CM
OH — OH OH OH •p SOH OH " ( )
PP Kele. WM
Inner
Marble Street
(60' Right-or-Woy)
asphalt road
6
Notes.. 1) This survey has been performed without the benefit of
a Title Commitment 2) Subject property is affected by any and
all notes, details, easements and other matters that are shown
on or as part of the recorded plot and/or as part of a title
commitment/survey request. 3) Source bearing is based on 2.395
acre tract as recorded in Volume 2486, Page 703 of the Collin
County Land Records. 4.) Railroad Addition recorded in Volume 77,
Page 495 of the Collin County Plat Records.
41,lie Economic Development Corp
CC/ 20190213000150300, DRCCT
[303 E NareleJ
Formerly Lots 1-4, Block 9
Railroad Addition
Exhibit D' - First Baptist Church
1/2 Alley Abandonment
1,215Sq.Ft.
J. Truitt Survey, Abstract No. 920
City of Wylie, Collin County, Texas
July27, 2019
P/AC/201902/AC852270.0W6
Roome
Land Surveying
2000Avenue G, Suite MOPlano, Texas 75074
Phone (972) 423-4372 / Fax (972) 423-7523
www.raomesurveying.com / Firm No. 40013100 04/
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RELEASE OF CLAIMS
In consideration of the abandon? nt of the We sf '/z Uni&uer0Y4 20 iailly of right-of-way
which is a part ofJrrui# Salley Ab'ir6tiVadjacent to Lots (.. of Block 9
of the Original Town of Wylie, Texas, according to the Plat thereof recorded in Volume 71
Page i q4 of the Deed Records of COJMjn County, Texas, as more particularly
described in Exhibit "A" attached hereto and incorporated herein for all purposes (the "Right -of -
Way"), the receipt and sufficiency of which is hereby acknowledged, we,
FIQSf baptist Chuteb dP Wyk G �J release any and all claims against the City of Wylie, Texas,
and its Council Members, offic�rs, agents, employees and representatives, which we may possess
at the time of the execution of this document, or which come to exist as a result of conduct
occurring prior to our execution of this document, relating in any way to the Right -of -Way.
We are fully authorized and empowered to execute and enter into this Release upon the
terms stated herein, and fully authorized and legally competent to execute this Release as the
legal, valid and binding act and deed of the releasing party(ies). We represent and warrant that
the claims released above are currently owned solely by us,
F11.54 &. isf Chard, Clrr1yyI T , free and clear of all liens, encumbrances, pledges,
assignments, claims and secdrity interests of any kind or nature. We further represent and
warrant that we have the right to compromise and settle the claims and any other claims that
could have been asserted by us which relate in any way to the Right -of -Way.
We agree to indemnify and hold harmless the City of Wylie, Texas, and its Council
Members, officers, agents, employees and representatives from any and all costs and damages
arising from claims or encumbrances contrary to the representations and warranties contained in
the preceding paragraph of this Release.
This Release shall be binding upon and inure to the benefit of the parties' respective legal
heirs, successors and assigns.
Should any portion (word, clause, phrase, sentence, paragraph or section) of this Release
be declared void or unenforceable, such portion shall be considered independent and severable
from the remainder, the validity of which shall remain unaffected.
In witness whereof, we have executed this Release on the 2 e day of
rebrtau
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Procedure for Abandonment of a Public ROW Page 15
488299.vI
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF
Before me, the undersigned authority, on this day personally appeared
(y1 t�� SCE LW6 . `' , known to me to be the person whose name is subscribed to the
foregoing instruinent, and acknowledged to me that he executed the same for the purposes and
consideration therein expressed.
Given under my hand and seal of office on this the a day of •F: yr(,/Cl a'r' ,
20 20
My Commission Expires:
. /(z), 3, z ?>
STATE OF TEXAS
COUNTY OF
§
Notary TSubllc, State of Teixas
11 41e. m-
7 ESTHER MOULDER
Notary ID a 130318716
My Commission Expires
August 3, 20Z3
d�
Before me, the undersigned authority, on this day personally appeared
, known to me to be the person whose name is subscribed. to the
foregoing instrument, and acknowledged to me that she executed the same for the purposes and
consideration therein expressed.
Given under my hand and seal of office on this the day of
20
My Commission Expires:
Notary Public, State.ofTexas
After Recording Return To:
City of Wylie
Attn: Stephanie Storm
300 Country Club Rd. #100
Wylie, TX 75098
Procedure for Abandotunent of a Public ROW Page.16
488299,v1
Filed and Recorded
Official Public Records
Stacey Kemp, County Clerk
Collin County, TEXAS
06/09/2020 04:19:35 PM
$50.00 TBARNETT
20200609000858670
';426,-