Ordinance 2020-40ORDINANCE NO. 2020-40
AN ORDINANCE ANNEXING 15.880 ACRES BEING PART OF
TRACT 1 AND ALL OF TRACT 1.1 SITUATED IN THE
GUADALUPE DE LOS SANTOS SURVEY, ABSTRACT NO.
1384, RECORDED IN DEED RECORDS, DALLAS COUNTY,
TEXAS; PROVIDING FOR A PENALTY FOR THE
VIOLATION OF THIS ORDINANCE; PROVIDING FOR THE
REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Wylie, Texas ("City Council") under the
authority of Section 43.0671 Local Government Code and the City of Wylie, Texas' (Wylie) Home
Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie
and its inhabitants to annex the below -described property (the "Property") to Wylie; and;
WHEREAS, prior to conducting the public hearing required under Section 43.0673, Local
Government Code, the City Council also investigated and determined that the Property as
described (Exhibit A) - is within the extraterritorial jurisdiction of Wylie and is adjacent and
contiguous to the existing city limits of Wylie; and
WHEREAS, the City Council finds that the Services Agreement (Exhibit "B") has been
prepared in full compliance with Section 43.0672, Local Government Code, and has been made
available for public inspection and was available for explanation to the inhabitants of the Property
at the public hearings; and
WHEREAS, the City Council finds that the field notes close the boundaries of the Property
being annexed; and
WHEREAS, the City Council has conducted at least one (1) public hearing at which
persons interested in the annexation were given an opportunity to be heard regarding the proposed
annexation and the proposed service agreement; and
WHEREAS, the City Council finds that the public hearing was conducted on or before the
twentieth (20th) day but after the tenth (10th) day from the date of notification of the annexation
proceedings; and
WHEREAS, the City Council finds it has completed the annexation process within ninety
(90) days after the City instituted the annexation proceedings; and
WHEREAS, the City Council finds that all legal notices, hearings, procedures and
publishing requirements for annexation have been performed and completed in the manner and
form set forth by law.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS:
Ordinance 2020-40 - Annexing 15.880 Acres Being Part Of Tract 1 And All Of Tract 1.1 Situated In The
Guadalupe De Los Santos Survey, Abstract No. 1384, Recorded In Deed Records, Dallas County, Texas
SECTION 1: That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be,
and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the
hereinafter described property a new zoning classification of Agriculture/30 (A/30) District, said
property being described in Exhibit "A" (Legal Description) attached hereto and made a part hereof
for all purposes.
SECTION 2: That all ordinances of the City in conflict with the provisions of this
ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict
with the provisions of this ordinance shall remain in full force and effect.
SECTION 3: That the above described property shall be used only in the manner and for
the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein
by the granting of this zoning classification.
SECTION 4: Any person, firm or corporation violating any of the provisions of this
ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act
and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as
the same now exists or is hereafter amended.
SECTION 5: Should any paragraph, sentence, subdivision, clause, phrase or section of
this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not
affect the validity of this ordinance as a whole or any part or provision thereof, other than the part
so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the
Comprehensive Zoning Ordinance as a whole.
SECTION 6: This ordinance shall be in full force and effect from and after its adoption by
the City Council and publication of its caption as the law and the City Charter provide in such
cases.
SECTION 7: The repeal of any ordinance, or parts thereof, by the enactment of this
Ordinance, shall not be construed as abandoning any action now pending under or by virtue of
such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any
penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or
provisions of any ordinances at the time of passage of this ordinance.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas,
this 28th day of July, 2020.
ATTEST:
Stephanie Storm, City Secretary
DATE OF PUBL
In the Wylie News
Ordinance 2020-40 - Annexing 15.880 Acres Being Part Of Tract 1 And All Of Tract 1.1 Situated In The
Guadalupe De Los Santos Survey, Abstract No. 1384, Recorded In Deed Records, Dallas County, Texas
EXHIBIT "A"
LEGAL DESCRIPTION
ANNEX TRACT ONE
5.565 ACRES
BEING a tract of land situated in the GUADALUPE DE LOS SANTOS SURVEY,
ABSTRACT NO. 1384, City of Wylie, Dallas County, Texas and being part of that tract of
land described in Deed to Larry C. Martinez and wife Yvonne Cuellar Martinez, as
recorded in Volume 83203, Page 2560, Deed Records, Dallas County, Texas and being more
particularly described as follows:
BEGINNING at a 1/2 inch iron rod found for the common south corner of said Larry C.
Martinez and wife Yvonne Cuellar Martinez tract, and most easterly southeast corner of
that tract of land described in Deed to Johnny N. Martinez and wife, Josephine C.
Martinez, as recorded in Document No. 200302162386 (Volume 2003013, Page 1499), Deed
Records, Dallas County, Texas;
THENCE North 44 degrees 34 minutes 49 seconds West, with the common southwest line
of said Larry C. Martinez and wife Yvonne Cuellar Martinez tract and northeast line of
said Johnny N. Martinez and wife, Josephine C. Martinez tract, a distance of 643.03 feet to
a 1/2 inch iron rod with a yellow plastic cap stamped "JVC" set for corner from which a 1-
inch iron pipe found in the southeast line of Sachse Road, a variable width right-of-way, for
the most westerly northwest corner of said Larry C. Martinez and wife Yvonne Cuellar
Martinez tract bears North 44 degrees 34 minutes 49 seconds West, 623.58 feet;
THENCE North 36 degrees 55 minutes 02 seconds East, a distance of 362.93 feet to a 1/2
inch iron rod with a yellow plastic cap stamped "JVC" set in the northeast line of the above
mentioned Larry C. Martinez and wife Yvonne Cuellar Martinez tract for corner;
THENCE South 45 degrees 11 minutes 57 seconds East, with said northeast line, a distance
of 439.43 feet to a fence post found for corner;
THENCE South 45 degrees 03 minutes 10 seconds East, continuing with said northeast
line, a distance of 254.14 feet to a fence post found for the southeast corner of said Larry C.
Martinez and wife Yvonne Cuellar Martinez tract;
18020DESC-ANNEX-TRI-5.565AC Page 1 of 2
THENCE South 44 degrees 55 minutes 30 seconds West, a distance of 365.79 feet to the
POINT OF BEGINNING and containing 5.565 acres of land, more or less.
18020DESC-ANNEX-TR1-5.565AC Page 2 of 2
LEGAL DESCRIPTION
ANNEX TRACT TWO
10.315 ACRES
BEING a tract of land situated in the GUADALUPE DE LOS SANTOS SURVEY,
ABSTRACT NO. 1384, City of Wylie, Dallas County, Texas and being all of that tract of
land described in Deed to Johnny N. Martinez and wife, Josephine C. Martinez, as
recorded in Document No. 200302162386 (Volume 2003013, Page 1499), Deed Records,
Dallas County, Texas and being more particularly described as follows:
BEGINNING at a 1/2 inch iron rod with a yellow plastic cap stamped "JVC" set in the
southeast line of Sachse Road, a variable width right-of-way, for the most westerly
northwest corner of said Johnny N. Martinez and wife, Josephine C. Martinez tract;
THENCE North 45 degrees 26 minutes 14 seconds East, with said southeast line, a distance
of 342.41 feet to a 1-inch iron rod found for the most northerly northwest corner of said
Johnny N. Martinez and wife, Josephine C. Martinez tract;
THENCE South 44 degrees 34 minutes 49 seconds East, leaving said southeast line, a
distance of 1,266.62 feet to a 1/2 inch iron rod found for the most easterly, southeast corner
of said Johnny N. Martinez and Josephine C. Martinez tract;
THENCE South 44 degrees 55 minutes 30 seconds West, a distance of 366.20 feet to a 5/8
inch iron rod found for the most southerly southeast corner of said Johnny N. Martinez
and Josephine C. Martinez tract;
THENCE North 43 degrees 30 minutes 27 seconds West, a distance of 1,270.11 feet to the
POINT OF BEGINNING and containing 10.315 acres of land, more or less.
18020DESC-ANNEX-TR2-10.315AC Page 1 of 1
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ANNEXATION SERVICE PLAN AGREEMENT
This SERVICE PLAN AGREEMENT ("Agreement") is made and entered into by and
among the CITY OF WYLIE, TEXAS, a home -rule municipality ("Wylie"), and WYLIE DPV,
LP, a Texas limited partnership ("Landowner"). Wylie and Landowner are each referred to herein
as a "party" or collectively as the "parties."
WHEREAS, Landowner is the sole owner of that certain tract of land consisting of 15.880±
acres, situated in the Guadalupe De Los Santos Survey, Abstract No. 1384, Dallas County, Texas,
as more particularly described and depicted in Exhibit A, attached hereto and incorporated herein
for all purposes (the "Property" or "Annexed Area"); and
WHEREAS, pursuant to a Development Agreement (pending annexation) between
Landowner and City ("Development Agreement") approved by the City Council on June 23, 2020,
Landowner submitted to Wylie a voluntary request for annexation of the Property into the
corporate limits of Wylie pursuant to Subchapter C-3 of Chapter 43 of the Texas Local
Government Code; and
WHEREAS, Landowner acknowledges and agrees that in submitting the voluntary request
for annexation of the Property, Landowner has fully investigated and is aware of the rights, duties
and obligations that will apply to Landowner and its successors and assigns, as owner of the
Property, in the event that the Wylie City Council adopts an ordinance annexing the Property into
the corporate limits of Wylie (the "Annexation Ordinance"); and
WHEREAS, Landowner acknowledges and agrees that Wylie has complied or will comply
with all requirements for the consideration of Landowner' request for annexation of the Property
pursuant to Chapter 43 of the Texas Local Government Code, including holding public hearings
and providing the required public notices regarding the requested annexation; and
WHEREAS, Landowner acknowledges and agrees that the Property is eligible for
annexation in all respects under Texas law; and
WHEREAS, the parties desire to enter into this Agreement pursuant to Section 43.0672 of
the Texas Local Government Code to memorialize their agreement regarding the services Wylie
will provide to the Property provided that the Wylie City Council adopts the Annexation
Ordinance; and
WHEREAS, Landowner acknowledges and agrees that this Agreement fully complies with
Section 43.0672 of the Texas Local Government Code; and
WHEREAS, Wylie has investigated and determined that it would be advantageous and
beneficial to Wylie and its citizens to enter into this Agreement on the terms and conditions set
forth herein.
NOW, THEREFORE, in consideration of the covenants and conditions contained in this
Agreement, Wylie and Landowner agree as follows:
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1. Incorporation of Recitals. The representations, covenants and recitations set forth in the
foregoing recitals of this Agreement are true and correct, are incorporated into the body of
this Agreement and are adopted as findings of Wylie and Landowner.
2. Land Subject to Agreement. The land that is subject to this Agreement is the Property.
Landowner represents that he is the sole owner of the Property.
3. Agreement Conditioned on Annexation. This Agreement and the rights, duties and
obligations herein are subject to and conditioned on the Wylie City Council adopting the
Annexation Ordinance within ninety (90) days after the Effective Date (hereinafter
defined) of this Agreement. In the event that the Wylie City Council does not adopt the
Annexation Ordinance within ninety (90) days after the Effective Date of this Agreement,
this Agreement shall not be effective and neither party shall have any rights, duties or
obligations of any kind under this Agreement. In the event Landowner argues or claims
that a term, condition or provision of this Agreement or the Annexation Ordinance is
invalid, illegal, void, unenforceable or unlawful, then Wylie has the option to terminate
this Agreement, effective immediately.
4. Agreed Service Plan. Subject to the terms and conditions of this Agreement, the parties
agree that Wylie shall furnish or provide for the following municipal services to the
Property after annexation at the following levels and in accordance with the following
schedule:
(a) Police Services.
(i)
Patrolling, responses to calls and other routine police services, within the
limits of existing personnel and equipment and in a manner consistent with
the methods of Wylie, will be provided in the Annexed Area on the effective
date of the Annexation Ordinance.
Upon ultimate development of the Annexed Area, the same level of police
services will be provided to the Annexed Area as are furnished throughout
Wylie at that time.
(b) Fire Services.
(i)
Fire protection and emergency ambulance services and equipment, within
the limits of existing personnel and equipment and the limits of available
water and distances from existing fire stations and in a manner consistent
with the methods of Wylie, will be provided to the Annexed Area upon the
effective date of the Annexation Ordinance.
(ii) Upon ultimate development of the Annexed Area, the same level of fire and
emergency ambulance services will be provided to the Annexed Area as are
furnished throughout Wylie at that time.
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(c) Environmental Health and Code Enforcement Services.
(i)
Enforcement of Wylie's environmental health ordinances and regulations,
including but not limited to, weed and brush ordinances, junked and
abandoned vehicle ordinances and animal control ordinances, shall be
provided within the Annexed Area within sixty (60) days of the effective
date of the Annexation Ordinance. Wylie's environmental health
ordinances and regulations will be enforced through the use of existing
personnel.
(ii) Inspection services, including the review of building plans, the issuance of
permits and the inspection of all buildings, plumbing, mechanical and
electrical work to ensure compliance with Wylie's codes, regulations and
ordinances will be provided within sixty (60) days of the effective date of
the Annexation Ordinance. Existing personnel will be used to provide such
services.
(iii) Subject to the Development Agreement, Wylie's zoning, subdivision, sign
and other ordinances shall be enforced in the Annexed Area beginning on
the effective date of the Annexation Ordinance.
(iv) All inspection services furnished by Wylie but not mentioned above will be
provided to the Annexed Area beginning within sixty (60) days of the
effective date of the Annexation Ordinance.
(v) As development and construction commence in the Annexed Area,
sufficient personnel will be provided to furnish the Annexed Area with the
same level of environmental health and code enforcement services as are
furnished throughout Wylie at that time.
(d) Planning and Zoning Services. The planning and zoning jurisdiction of Wylie will
extend to the Annexed Area upon the effective date of the Annexation Ordinance.
Wylie city planning will thereafter encompass the Annexed Area, and it shall be
entitled to consideration for zoning in accordance with Wylie's Zoning Ordinance
and Comprehensive Plan.
(e) Park and Recreation Services.
(i)
Inhabitants of the Annexed Area may utilize all existing park and
recreational services, facilities and sites throughout Wylie beginning on the
effective date of the Annexation Ordinance.
(ii) Additional facilities and sites to serve the Annexed Area will be acquired,
developed and maintained at locations and times provided by applicable
plans, policies, programs and decisions of Wylie. The Annexed Area will
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be included in all future plans for providing parks and recreation services to
Wylie.
(iii) Existing parks, playgrounds, swimming pools and other recreational
facilities within the Annexed Area shall, upon dedication to and acceptance
by Wylie, be maintained and operated by Wylie, but not otherwise.
(f) Solid Waste Collection Services.
(i)
(g) Streets.
(i)
Solid waste collection services shall be provided to the Annexed Area in
accordance with Wylie's existing policies, beginning on the effective date
of the Annexation Ordinance.
As development and construction commence in the Annexed Area and
population density increases in the Annexed Area, solid waste collection
services shall be provided to the Annexed Area in accordance with Wylie's
policies regarding frequency, changes and the like as are existing at that
time.
Wylie's existing policies with regard to street maintenance, applicable
throughout Wylie, shall apply to the Annexed Area beginning on the
effective date of the Annexation Ordinance. Unless a street within the
Annexed Area has been constructed or is improved to Wylie's standards
and specifications, such street will not be maintained by Wylie.
Notwithstanding anything to the contrary herein, private streets within the
Annexed Area shall remain private streets after annexation and Wylie and
the Landowner agree that Wylie shall have no obligation to maintain, repair
or improve the private streets or to pay the costs thereof.
(ii) As development, improvement or construction of streets to Wylie's
standards commences within the Annexed Area, the policies of Wylie with
regard to participation in the costs thereof, acceptance upon completion
thereof and maintenance after completion thereof shall apply as such
policies exist at that time.
(iii) The same level of maintenance shall be provided to streets within the
Annexed Area that are accepted by Wylie as is provided to streets
throughout Wylie.
(iv) Street lighting installed on streets improved to Wylie's standards and
specifications shall be maintained by the appropriate franchise holder in
accordance with existing Wylie policies.
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(h) Water Services.
(i)
Connection to existing Wylie water mains for water service for domestic,
commercial and industrial use within the Annexed Area will be provided in
accordance with existing Wylie policies. Upon connection to existing
mains, water will be provided at rates established by Wylie ordinances for
such service throughout Wylie.
(ii) As development and construction commence on the Annexed Area, Wylie
water mains will be extended in accordance with provisions of the
Subdivision Ordinance and other applicable ordinances and regulations in
effect at that time. Wylie's participation in the costs of such extensions
shall be in accordance with the applicable Wylie ordinances and regulations
in effect at that time. Such extensions will be commenced within two and
one-half (2'/2) years from the effective date of the Annexation Ordinance
and substantially completed within four and one-half (4Y2) years after that
date.
(iii) Water mains installed or improved to Wylie's standards which are within
the Annexed Area and are within dedicated easements shall be maintained
by Wylie beginning on the effective date of the Annexation Ordinance.
(iv) Private water lines within the Annexed Area shall be maintained by their
respective owners in accordance with existing policies applicable
throughout Wylie.
(i) Sanitary Sewer Services.
(i)
Connections to existing Wylie sanitary sewer mains for sanitary sewer
service in the Annexed Area will be provided in accordance with existing
Wylie policies. Upon connection, sanitary sewer service will be provided at
rates established by Wylie ordinances for such service throughout Wylie.
(ii) Sanitary sewer mains and/or lift stations installed or improved to Wylie's
standards that are located in dedicated easements, are within the Annexed
Area and are connected to Wylie mains will be maintained by Wylie
beginning on the effective date of the Annexation Ordinance.
(iii) As development and construction commence in the Annexed Area, Wylie
sanitary sewer services will be extended in accordance with provisions of
the Subdivision Ordinance and other applicable Wylie ordinances and
regulations in effect at that time. Such extensions will be commenced
within two and one-half (2'/2) years from the effective date of the
Annexation Ordinance and substantially completed within four and one-half
(4%2) years after that date.
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(j) Miscellaneous.
(i)
Any facility or building located within the Annexed Area and utilized by
Wylie in providing services to the Annexed Area will be maintained by
Wylie commencing on the date of use or on the effective date of the
Annexation Ordinance, whichever occurs later.
(ii) General municipal administration and administrative services of Wylie shall
be available to the Annexed Area beginning on the effective date of the
Annexation Ordinance.
(iii) Notwithstanding anything set forth above, this Service Plan does not require
all municipal services be provided as set forth above if different
characteristics of topography, land use and population density are
considered a sufficient basis for providing different levels of service.
5. Default. If Wylie fails to comply with the terms and conditions of this Agreement and
such failure is not cured within a reasonable period of time after Wylie receives written
notice of such failure from Landowner, then Landowner may seek disannexation pursuant
to Section 43.141 of the Texas Local Government Code as its sole and exclusive remedy.
In no event shall Wylie be liable to Landowner or any other owner or inhabitant of the
Annexed Area for any direct, indirect, incidental, special or consequential damages arising
out of this Agreement or for the cost of procurement of substitute services.
6. Covenant Running with the Land. This Agreement shall be a covenant running with the
land and Property and shall be binding on Landowner and Landowner's successors and
assigns.
7. Limitations of Agreement. Wylie ordinances covering property taxes, utility rates, permit
fees, inspection fees, tree mitigation fees, impact fees, development 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 Landowner to Wylie under any ordinance, whether
now existing or in the future arising.
8. 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; by electronic mail, with documentation evidencing the addressee's receipt
thereof; or by delivering the same in person to such party a via hand -delivery service, 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 herewith shall be effective upon
receipt at the address of the addressee. For purposes of notification, the addresses of the
parties shall be as follows:
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If to Wylie, addressed to it at:
City of Wylie
Attn: Chris Holsted, City Manager
Wylie, Texas 75098
Telephone: (972) 516-6000
Email: chris.holsted !;wylietexas.gov
with a copy to:
Abernathy, Roeder, Boyd & Hullett, P.C.
Attention: Ryan D. Pittman
1700 Redbud Blvd., Suite 300
McKinney, Texas 75069
Telephone: (214) 544-4000
Facsimile: (214) 544-4044
Email: rpittman_,,abernathy-law.com
If to Landowner, addressed to him at:
Wylie DPV, LP
ATTN: Ron Haynes
6206 Lupton Drive
Dallas, TX 75225
Telephone: (214) 673-0575
Email: rhaynes(&,,haynesdevco.com
9. Release. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, LANDOWNER HEREBY
RELEASES, WAIVES AND HOLDS HARMLESS WYLIE AND ITS COUNCIL MEMBERS,
OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES FROM ALL DAMAGES, INJURIES,
CLAIMS, OBJECTIONS, LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS ARISING OUT OF
OR RELATED TO WYLIE'S ANNEXATION OF THE PROPERTY, WYLIE'S CONSIDERATION OF
ANNEXATION OF THE PROPERTY AND WYLIE'S ADOPTION OF THE ANNEXATION
ORDINANCE. THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
10. Vested Rights/Chapter 245 Waiver. This Agreement shall confer no vested rights on the
Property, or any portion thereof. In addition, nothing contained in this Agreement shall
constitute a "permit" as defined in Chapter 245 of the Texas Local Government Code, as
amended, and nothing in this Agreement provides Wylie with fair notice of any project of
Landowner. LANDOWNER WAIVES ANY STATUTORY CLAIM UNDER CHAPTER 245 OF THE
TEXAS LOCAL GOVERNMENT CODE, AS AMENDED, AS TO THIS AGREEMENT. THIS
SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
11. Warranties/Representations. All warranties, representations and covenants made by one
party to the other in this Agreement or in any certificate or other instrument delivered by
one party to the other under this Agreement shall be considered to have been relied upon
by the other party and will survive the satisfaction of any fees under this Agreement,
regardless of any investigation made by either party.
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12. Entire Agreement. This Agreement and the Development Agreement contain the entire
agreement of the parties with respect to the matters contained herein and may not be
modified or terminated except upon the provisions hereof or by the mutual written
agreement of the parties.
13. 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.
14. Consideration. This Agreement is executed by the parties without coercion or duress and
for substantial consideration, the sufficiency of which is forever confessed.
15. Multiple 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.
16. 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). Landowner acknowledges that each and every owner of the Property
must sign this Agreement in order for the Agreement to take full effect, and Landowner
covenants and agrees to indemnify, hold harmless, and defend Wylie and its Council
members, officers, agents, representatives and employees against any and all claims
asserted by any person claiming an ownership interest in the Property who has not
signed the Agreement that arise in any way from Wylie's reliance on this Agreement.
17. 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.
18. 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.
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19. 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.
20. 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
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.
21. 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.
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").
CITY OF WYLIE,TEXAS,
a home-rule municipality
C E 4 c ra
ItA• r / \'�'J,4 By:
it Chris Hoisted, City Manager
' 1.i Date: ZR -
ie
Attested t y; " � 4�//V)
djICW
Stephanie Storm, City Secretary Wylie DPV LIMITED PARTNERSHIP,
a Texas limited partnership
By: Webb Peak Development Partners LP,
its general partner
By: RN opment Company,
is general pa er
.1.1PAik. ./r
By: • AIL
Ro aid N. aynes,r
President
Date: /5(07 ) 1—J
Annexation Service Plan Agreement Page 9 of 11
2941380
STATE OF TEXAS §
§
COUNTY OF COLLIN §
BEFORE ME, the undersigned authority, on this day personally appeared Chris Hoisted, 3
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 City Manager and duly authorized representative of the CITY
OF WYLIE, TEXAS, a home-rule municipality, and that he executed the same for the purposes
and consideration therein stated and in the capacity therein stated as the act and deed of the City
of Wylie, Texas.
IN WITNESS WHEREOF, I have hereunto set my hand and seal of office this LQ day
of ,2020.
✓`� LI a/f
Notary Public, State of Texas J
My Commission Expires: 2/ E�it
TINA LINK
I-p NOTARY PUBLIC
STATE OF-�i § STAT OF TEXAS
/'�r/� �b 10 &pees 12-5
�`--�r `� t � *Cann Eqs 02-0$-2022
COUNTY OF COLLIN § -�—`�- ----
BEFORE ME, the undersigned authority, on this day personally appeared
(/I known to me to be one of the persons whose names are subscribed to the
foregoing inst ment; she acknowledged to me that she executed the same for the purposes and
consideration therein stated and in the capacity therein stated. 3
A IN WITNESS WHEREOF, I have hereunto set my hand and seal of office this j? ' day
of n . 2020.
CYNTHIA YVETTE AGUILAR Notary Pu lic, State of� �exaseJors�a
Notary Public
State of Colorado My Co ission Expires: 0/y7-/2.0
Notary ID#20184003528
l My Commission Expires 01-22-2022
Annexation Service Plan Agreement Page 10 of 11
2941380
Exhibit A
BEING a tract of land situated in the GUADALUPE DE LOS SANTOS SURVEY, ABSTRACT
NO. 1384, City of Wylie, Dallas County, Texas and being part of that tract of land described in
Deed to Larry C. Martinez and wife Yvonne Cuellar Martinez, as recorded in Volume 83203, Page
2560, Deed Records, Dallas County, Texas and being all of that tract of land described in Deed to
Johnny N. Martinez and wife, Josephine C. Martinez, as recorded in Document No. 2003 021623 86
(Volume 2003013, Page 1499), Deed Records, Dallas County, Texas and being more particularly
described as follows:
BEGINNING at a 1/2 inch iron rod with a yellow plastic cap stamped "JVC" set in the southeast
line of Sachse Road, a variable width right-of-way, for the most westerly northwest corner of said
Johnny N. Martinez and wife, Josephine C. Martinez tract;
THENCE North 45 degrees 26 minutes 14 seconds East, with said southeast line, a distance of
342.41 feet to a 1-inch iron rod found for the common north corner of said Johnny N. Martinez
and wife, Josephine C. Martinez tract and most westerly northwest corner of said Larry C. Martinez
and wife, Yvonne Cuellar Martinez tract;
THENCE South 44 degrees 34 minutes 49 seconds East, leaving said southeast line and with the
common northeast line of said Johnny N. Martinez and wife, Josephine C. Martinez tract and
southwest line of said Larry C. Martinez and wife Yvonne Cuellar Martinez tract, a distance of
623.58 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "JVC" set for corner;
THENCE North 36 degrees 55 minutes 02 seconds East, leaving said common line, a distance of
362.93 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "JVC" set in the northeast line
of the above mentioned Larry C. Martinez and wife Yvonne Cuellar Martinez tract for corner;
THENCE South 45 degrees 11 minutes 57 seconds East, with said northeast line, a distance of
439.43 feet to a fence post found for corner;
THENCE South 45 degrees 03 minutes 10 seconds East, continuing with said northeast line, a
distance of 254.14 feet to a fence post found for the southeast corner of said Larry C. Martinez and
wife Yvonne Cuellar Martinez tract;
THENCE South 44 degrees 55 minutes 30 seconds West, passing at a distance of 365.79 feet a 1/2
inch iron rod found for the common south corner of said Larry C. Martinez and wife Yvonne
Cuellar Martinez tract, and most easterly southeast comer of the above mentioned Johnny N.
Martinez and wife, Josephine C. Martinez tract, and continuing in all for a total distance of 732.00
feet to a 5/8 inch iron rod found for the south corner of said Johnny N. Martinez and wife, Josephine
C. Martinez tract;
THENCE North 43 degrees 30 minutes 27 seconds West, a distance of 1,270.11 feet to the POINT
OF BEGINNING and containing 15.880 acres of land, more or less.
Annexation Service Plan Agreement Page 11 of 11
2941380
After Recording Return To:
City of Wylie
Attn: Stephanie Storm
300 Country Club Rd. #100
Wylie, TX 75098
c&s
media
t�fte jaruter5Uille Zrim % • Murphy Monitor • The Princeton Herald • 7leSachse News • THE WYLIE NEWS
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, and being
in compliance with Section 2051.044, Texas Government Code (a); (1), (2), (3) and (4),
who being by me duly sworn, deposed and says that the foregoing attached:
City of Wylie
Legal Notice — Ordinance No. 2020-40; No. 2020-41; and No. 2020-42
was published in said newspaper on the following date(s), to -wit:
August 5, 2020
Chad Engbrock, Publisher
Subscribed and sworn before me on this, the 6th day of August, 2020 to certify which
witness my hand and seal of office.
Notary Public in
The State of Texas
My commission expires 08/18/2020
RECEIVED
AUG 1 0 2020
FINA�1 y!Sachse/Wylie Office • 1 10 N. Ballard • P.O. Box 369 •• Wvlie, "l X 75098.972-442-5515 • fax 972-442-4318
- ill Princeton Office • 101 S. Matin • PO. Box 512 • Farmersville,TX 75442.972-784-6397 • fax 972-782-7023
CITY OF WYLIE
Ordinance
No. 2020-40
An ordinance annex-
. ing 15.880 acres being
part of tract 1 and all 1
of tract 1.1 situated in
the Guadalupe De Los II
Santos Survey, abstract.
no. 1384, recorded in
Deed Records, Dallas
County, Texas; provid-
ing for a penalty for the
violation of this ordi-
nance; providing for
the repeal of all ordi-
nances in conflict; pro-
viding a severability.
clause; and providing
for an effective date.
ti --
Ordinance
No. 2020-41
An ordinance. of the
city council of the
City of Wylie, Texas,
' amending Ordinance
Nos. 2020-24, 2020-
25, 2020-26, 2020-29,
2020-31, 2020-35,
and 2020-38 continu-
ing and extending the
mayor's amended dec-
laration of local disas-
ter for public health
emergency due to the
novel coronavirus
(covid-19); providing
the consent of the city
council to the continu-
ation of the declara-
tion until 11:59 p.m.
on September 8, 2020.;
prescribing orders to
:help abate the public
health emergency; pro-
viding authority forthe
city council to termi-
nate the disaster dec-
laration; and providing
an enforcement clause,
severability clause and
an effective date.
Ordinance
No. 2020-42
ordinance of the
city council of the
city of Wylie,. Texas,
amending `Wyllie's
Code Of Ordinances,_
Ordinance No. 2005-
07, as amended, appen-
dix c (Wylie compre-
hensive fee schedule),
section i (water and
sewer fees), subsection
b (water rates), sub-
section c (sewage -col-
lection and treatment
rates); providing for a
penalty for the viola-
tion of this ordinance;
providing for repeal-
ing, savings and sev-
,erability clauses; pro-
, vi'ding for an effective
date of this ordinance; , and providing for the
publication' of the cap-
tion of this ordinance.
14-1t-931i
Dallas County
John F. Warren
Dallas County Clerk
*VG-364-2022-202200235034*
Instrument Number: 202200235034
Real Property Recordings
Recorded On: August 31, 2022 12:08 PM Number of Pages: 19
" Examined and Charged as Follows: "
Total Recording: $94.00
***********THIS PAGE IS PART OF THE INSTRUMENT***********
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information: Record and Return To: •
Document Number: 202200235034 CITY OF WYLIE
Receipt Number: 20220831000552 300 COUNTRY CLUB BUILDING 100
Recorded Date/Time: August 31, 2022 12:08 PM
User: Pamela G WYLIE TX 75098
Station: CC22
STATE OF TEXAS
�`�NTY, T --� Dallas County
�,,� --: I hereby certify that this Instrument was filed in the File Number sequence on the date/time
,r`,„ . ; printed hereon,and was duly recorded in the Official Records of Dallas County,Texas
•`-moo ate,' John F. Warren
' �9? �'' Dallas County Clerk
Dallas County, TX