The URL can be used to link to this page

12-14-2021 (City Council) Agenda Packet Wylie City Council Regular Meeting December 14, 2021 —6:00 PM Council Chambers- 300 Country Club Road,Building#100,Wylie, Texas 75098 CITY CALL TO ORDER INVOCATION&PLEDGE OF ALLEGIANCE COMMENTS ON NON-AGENDA ITEMS Any member of the public may address Council regarding an item that is not listed on the Agenda.Members of the public must fill out a form prior to the meeting in order to speak. Council requests that comments be limited to three minutes for an individual, six minutes for a group. 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 November 15,2021 Regular City Council Meeting minutes. B. Consider, and act upon, a Final Plat,being a Replat of Lots 1 and 2, Block 1 of Country Club Addition and 2 acres of tract 22 of the Charles Atterbury Survey, establishing one lot on 13.022 acres, located at 570 Country Club Rd. C. Consider, and act upon, a Final Plat, being a Replat of Lots 1 and 2, Block 11 of Railroad Addition, establishing one lot on 0.2557 acres,located at 501C North Highway 78. D. Consider, and act upon, a Final Plat for Wylie Substation Addition, establishing one lot on 9.722 acres, located at 2655 Stone Road in the City of Wylie's Extraterritorial Jurisdiction. E. Consider, and act upon, a Final Plat, being a Replat of Lots I and 2, Block D of Regency Business Park Addition Phase 2, establishing one lot on 2.946 acres,located at 200 Regency Drive. F. Consider, and act upon, a Final Plat of Bariatric Care Center Addition, establishing one commercial lot on 20.01 acres,located at 801 South State Highway 78. G. Consider, and act upon,the City of Wylie Monthly Revenue and Expenditure Report for October 31, 2021. H. Consider, and place on file,the City of Wylie Monthly Investment Report for October 31,2021. Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of October 31,2021. J. Consider, and act upon, Ordinance No. 2021-56 amending Ordinance No. 2021-43, which established the budget for fiscal year 2021-2022;providing for repealing,savings and severability clauses;and providing for an effective date of this ordinance. Page 11 7 K. Consider, and act upon, the approval of the purchase of a parking lot lighting system for the Wylie Senior Center and Community Park from Musco Sports Lighting, LLC in the estimated amount of$124,333.00 through a cooperative purchasing contract with Buy Board Cooperative Purchasing (#592-19), and authorizing the Interim City Manager to execute any necessary documents. L. Consider, and act upon, the approval of the purchase of Pavement Resurfacing Services from Reynolds Asphalt and Construction Company in the estimated annual amount of$1,100,000.00 through an existing City of Grand Prairie, Texas contract and authorizing the Interim City Manager to execute any necessary documents. M. Consider, and act upon, the approval of the purchase of playground equipment for Valentine Park from WeBuildFun, Inc. in the estimated amount of$69,671.51 through a cooperative purchasing contract with Buy Board Cooperative Purchasing and authorizing the Interim City Manager to execute any necessary documents. N. Consider,and act upon,the approval of the purchase of Motorola Radio Equipment and Maintenance Services in the estimated annual amount of $150,000.00 from Motorola Solutions, Inc. through a cooperative purchasing contract with H-GAC Buy and authorizing the Interim City Manager to execute any necessary documents. O. Consider, and act upon, the approval of the purchase of Chevrolet Tahoe SSV vehicles in the estimated amount of$75,330.00 through a cooperative purchasing contract with the Sheriffs Association of Texas, and authorizing the Interim City Manager to execute any necessary documents. P. Consider, and act upon, the approval of the purchase of Chevrolet Tahoe PPV vehicles for the Police Department in the estimated amount of $207,000.00 through a BuyBoard cooperative purchasing, and authorizing the Interim City Manager to execute any necessary documents. Q. Consider, and act upon, Resolution No. 2021-45(R) of the City Council of the City of Wylie, Texas to ratify Wylie Contract#W2021-4-A for Human Resources Benefits Consulting from HUB International Texas in the estimated annual amount of$66,000.00, and authorizing the Interim City Manager to sign any and all necessary documents. EXECUTIVE SESSION 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. ES 1. Discuss Right-of-Way Acquisition for McMillen Drive. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. REGULAR AGENDA 1. Consider,and act upon,adoption of Ordinance No. 2021-57 determining a public use,need and necessity for the acquisition of property and permanent easements to expand a public right of way being a 7.307 acres tract of land situated in the J.W.Mitchell Survey,Abstract No. 589,City of Wylie,Collin County,Texas,as more particularly described and depicted in attached Exhibit "A," "A-1," "A-2," "A-3," and "A-4"; among other things, facilitate the construction, access, repair, maintenance and replacement of public roadway facilities and related public improvements in connection with the expansion of McMillen Road from McCreary Road Page 12 2 to Country Club Road in Wylie, Texas (collectively, the "Project") in the City of Wylie, Collin County, Texas; authorizing the Interim City Manager and City Attorney, or their respective designees,to acquire the property including making initial bona fide offers, and authorizing the City Attorney to file proceedings in eminent domain to condemn the needed real property for public use,if necessary; and providing an effective date. 2. Consider, and act upon, adoption of Ordinance No. 2021-58 determining a public use, need, and necessity for the acquisition of property and temporary construction easements to expand a public right of way being 6.885 acres tract of land situated in the J.W.Mitchell Survey,Abstract No.589,City of Wylie,Collin County, Texas,as more particularly described and depicted in attached Exhibits"A," "A-1," "A-2,"and"A-3";among other things, facilitate the construction, access, repair, maintenance and replacement of public roadway facilities and related public improvements in connection with the expansion of McMillen Road from McCreary Road to Country Club Road in Wylie, Texas (collectively, the "Project") in the City of Wylie, Collin County,Texas;authorizing the Interim City Manager and City Attorney,or their respective designees, to acquire the property including making initial bona fide offers, and authorizing the City Attorney to file proceedings in eminent domain to condemn the needed real property for public use, if necessary; and providing an effective date. WORK SESSION WS1. Discuss City Council Code of Conduct Ordinance. WS2e Discussion regarding parking on Cloudcroft ordinance. RECONVENE INTO REGULAR SESSION REGULAR AGENDA 3. Tabled from 11-15-2021 Remove from table and consider Consider, and act upon, Ordinance No. 2021-55 of the City of Wylie, Texas, amending Section 110-173 (a) (10) (Stopping, Standing, or Parking prohibited in certain places) of Article VI (Stopping, Standing, and Parking) of Chapter 110 (Traffic and Vehicles) of the Wylie Code of Ordinances; prohibiting parking, stopping or standing of a vehicle along the north side of Cloudcroft Dr. from S.Ballard Ave. east to the point of intersection with the private drive of 101 Cloudcroft (approximately 115 feet), and on the south side of Cloudcroft Dr.from S.Ballard Ave.east to the point of intersection with Aspen Ln.(approximately 245 feet); establishing an offense; 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. 4. Consider,and act upon,Ordinance No.2021-60 of the City of Wylie,Texas,amending Article VI(Stopping, Standing, and Parking) of Chapter 110 (Traffic and Vehicles) of the Wylie Code of Ordinances, creating Section 110-190 resident only parking permit areas;permitting parking in certain areas by permit only during those times set forth in this ordinance; establishing an offense; 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. 5. Hold a Public Hearing to consider, and act upon, a change of zoning from Commercial Corridor (CC) to Commercial Corridor Special Use Permit(CC-SUP),to allow for a restaurant with drive-through service on 1.03 acres, property generally located at the northwest corner of State Highway 78 and Birmingham Street. (ZC 2021-23) Page 13 3 6. Consider,and act upon,the approval of the modification to contract#W2018-118-A Solid Waste&Recycling Services with Community Waste Disposal L.P., adjusting the billing rates effective January 1, 2022, and authorizing the Interim City Manager to execute any necessary documents. 7. Consider, and act upon, Ordinance No. 2021-59, amending Wylie's Code of Ordinances, Ordinance No. 2021-17, as amended, Article VI (Stopping, Standing, and Parking), Chapter 110 (Traffic and Vehicles), Section 110-187 (Overnight Parking), to allow campers, RV (recreational vehicle), or travel trailers to be temporarily parked in front of the owner's residence for loading and unloading purposes only for a period not to exceed twenty-four hours. 8. Consider, and act upon, authorizing the execution of a Deed without Warranty to convey 0.0337+ acres of land situated in the Samuel B. Shelby Survey,Abstract No. 820T, City of Wylie, Collin County, Texas from the City of Wylie to KEP Brown Street Village, LP. 9. Consider, and act upon, acceptance of an easement conveying to the City of Wylie easement rights on 0.0337+ acres situated in the Samuel B. Shelby Survey, Abstract No. 820T, City of Wylie, Collin County, Texas from KEP Brown Street Village, LP. 10. Consider, and act upon, Resolution No. 2021-46(R) opposing the Texas Commission on Environmental Quality(TCEQ) application for a proposed wastewater treatment facility located 0.4 miles northwest of the intersection of North Murphy Road and Rolling Ridge Drive in Collin County, Texas near the cities of Murphy,Parker, and Wylie. TCEQ Permit No. WQ0016003001 WORK SESSION WS3. Planning Department Presentation. RECONVENE INTO REGULAR SESSION EXECUTIVE SESSION 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. ES2. Consider the sale or acquisition of properties located at FM 544/Cooper and State Hwy 78/Brown. ES3. Discuss property generally located in the area of Parker Rd. and Country Club Rd. Sec. 551.074.PERSONNEL MATTERS; CLOSED MEETING. (a)This chapter does not require a governmental body to conduct an open meeting: (1)to deliberate the appointment,employment, evaluation,reassignment,duties,discipline, or dismissal of a public officer or employee; or (2)to hear a complaint or charge against an officer or employee. (b)Subsection(a)does not apply if the officer or employee who is the subject of the deliberation or hearing requests a public hearing. ES4. Discuss staffing options for the City Engineer and Project Engineer. Sec. 551.087. DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS; CLOSED MEETING. Page 14 4 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). ESS. Deliberation regarding commercial or financial information that the WEDC has received from a business prospect and to discuss the offer of incentives for Projects: 2017-10a,2020-1 lb,2021-4a,2021-6a,2021-8a, 2021-9e, 2021-9g, 2021-11a, and 2021-11b. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. ADJOURNMENT CERTIFICATION I certify that this Notice of Meeting was posted on December 14,2021 at 5:00 p.m. on the outside bulletin board at Wylie City Hall, 300 Country Club Road,Building 100,Wylie,Texas, a place convenient and readily accessible to the public at all times. Stephanie Storm, City Secretary Date Notice Removed 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. 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. Page 15 5 12/14/2021 Item A. Wylie City Council CITY OF AGENDA REPORT Department: City Secretary Account Code: Prepared By: Stephanie Storm Subject Consider, and act upon, approval of November 15, 2021 Regular City Council Meeting minutes. Recommendation Motion to approve Item as presented. Discussion The minutes are attached for your consideration. Financial Summary/Strategic Goals Community Focused Government 6 12/14/2021 Item A. Wylie City Council Regular Meeting November 15, 2021 —6:00 PM Council Chambers-300 Country Club Road,Building#100,Wylie, Texas 75098 CITY OF CALL TO ORDER Mayor Matthew Porter called the regular meeting to order at 6:00 p.m. The following City Council members were present: Councilman David R. Duke, Councilman Dave Strang (6:02), Mayor pro tern Jeff Forrester, Councilman Scott Williams, Councilman Timothy T. Wallis(6:48), and Councilman Garrett Mize. Staff present included: Interim City Manager Brent Parker; Assistant City Manager Renae 011ie; Police Chief Anthony Henderson; Fire Chief Brandon Blythe; Finance Director Melissa Beard; Parks and Recreation Director Rob Diaz; Public Works Director Tim Porter; Human Resource Director Lety Yanez; Public Information Officer Craig Kelly; Building Official Bret McCullough; Economic Development Executive Director Jason Greiner; Library Director Ofilia Barrera; City Secretary Stephanie Storm, and various support staff. INVOCATION& PLEDGE OF ALLEGIANCE Mayor pro tern Forrester led the invocation and Councilman Williams led the Pledge of Allegiance. PRESENTATIONS &RECOGNITIONS Councilman Strang took his seat at the dais. PRl. Recognition of employees celebrating milestone years of service to the City of Wylie. Mayor Porter and Fire Chief Brandon Blythe awarded Ray Jackson for 20 years of service,Richard Hollien for 20 years of service, and Jared Buckmeier for 25 years of service. Mayor Porter and Police Chief Anthony Henderson awarded Peggy Powell for 30 years of service. PR2. Hunger and Homeless Week. Mayor Hogue presented a proclamation proclaiming November 13-21 as Hunger and Homelessness Week in Wylie, Texas. Representatives from First Baptist Wylie, St.Vincent de Paul Society, Team Up to Fight Hunger, Amazing Grace Food Pantry, 5 Loaves Food Pantry,New Hope Christian Church, and Metro Dallas Homeless Alliance were present to accept the proclamation. COMMENTS ON NON-AGENDA ITEMS Any member of the public may address Council regarding an item that is not listed on the Agenda.Members of the public must fill out a form prior to the meeting in order to speak. Council requests that comments be limited to three minutes for an individual, six minutes for a group. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. Scott Coleman addressed Council requesting Wylie oppose the proposed wastewater plant that will be built between Parker and Murphy. Page I1 7 12/14/2021 Item A. 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 October 26,2021 Regular City Council Meeting minutes. B. Consider, and act upon,Resolution No. 2021-39(R) authorizing participation with the State of Texas, through the Office of the Attorney General,in the Global Opioid Settlement and approving the Texas Term Sheet; authorizing the Interim City Manager to execute all necessary documents in connection with the above on behalf of the City of Wylie. C. Consider, and act upon, the approval of the purchase of Chevrolet trucks from Reliable Chevrolet in the estimated amount of $71,300.00 through a cooperative purchasing contract with GoodBuy Purchasing Cooperative and authorizing the Interim City Manager to execute any necessary documents. D. Consider, and act upon, the approval of the purchase of Public Safety and Firehouse Supplies from Metro Fire Apparatus Specialists, Inc. in the estimated amount of$50,000.00 through a cooperative purchasing contract with BuyBoard Purchasing Cooperative and authorizing the Interim City Manager to execute any necessary documents. E. Consider,and act upon,Resolution No.2021-40(R)authorizing the purchase of LifePak 15 V4 Cardiac Monitors and technical service agreement from Stryker Sales Corporation Medical Division,as a single source purchase exempt from the competitive bid law pursuant to Local Government Code, Section 252.022(a), in the amount of$243,124.85; and authorizing the Interim City Manager to execute any necessary documents. F. Consider, and act upon, the approval of the purchase of a Bauer SCBA Fill Station from August Industries, Inc. in the estimated amount of$48,876.55 through a BuyBoard Purchasing Cooperative contract and authorizing the Interim City Manager to execute any necessary documents. G. Consider, and act upon, the approval of the purchase of a Toro Spray Rig from Professional Turf Products, L.P. in the estimated amount of$74,519.83 through a BuyBoard Purchasing Cooperative contract and authorizing the Interim City Manager to execute any necessary documents. H. Consider, and act upon, the approval of the purchase and installation of MasterSeal products from MasterTurf Products&Services,Inc.for the reconditioning of softball fields located at Founders Park in the estimated amount of $53,826.00 through a Buy Board Purchasing Cooperative contract and authorizing the Interim City Manager to execute any necessary documents. I. Consider, and act upon, Resolution No. 2021-41(R) authorizing the purchase of a Fire Alert System for Fire Station No. 4, comprised of equipment and installation from US Digital Designs and Barry Turner Consulting, LLC (dba Eagle Eye Technology) in the estimated amount of $123,129.12, and authorizing the Interim City Manager to execute any necessary documents. J. Consider, and act upon, the authorization of an Interlocal Agreement between Collin County, Texas and the Rita and Truett Smith Public Library for library services in the amount of$6,868.00 for Fiscal Year 2021-2022, and authorizing the Interim City Manager to execute any and all necessary documents. K. Consider, and act upon, the approval of the purchase of Self Contain Breathing Apparatus (SCBA) from Hoyt Breathing Air Products in the estimated amount of $88,000.00 through an interlocal Page I 8 12/14/2021 Item A. purchasing agreement with the Collin County Governmental Purchasing Forum/City of Frisco, TX, and authorizing the interim City Manager to execute any necessary documents. L. Consider, and act upon, Ordinance No. 2021-52 amending Ordinance No. 2021-43,which established the budget for fiscal year 2021-2022; providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. Council Action A motion was made by Councilman Duke, seconded by Councilman Williams, to approve the Consent Agenda as presented. A vote was taken and motion passed 6-0 with Councilman Wallis absent. EXECUTIVE SESSION Mayor Porter convened the Council into Executive Session at 6:28 p.m. 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. ES1. Discuss Right-of-Way Acquisition for McMillen Drive and Eubanks Lane. Sec. 551.074.PERSONNEL MATTERS; CLOSED MEETING. (a)This chapter does not require a governmental body to conduct an open meeting: (1)to deliberate the appointment,employment, evaluation,reassignment,duties,discipline, or dismissal of a public officer or employee; or (2)to hear a complaint or charge against an officer or employee. (b)Subsection(a)does not apply if the officer or employee who is the subject of the deliberation or hearing requests a public hearing. ES2. Deliberate the employment evaluation and appointment duties of the Interim City Manager. Councilman Wallis joined Executive Session at 6:48 p.m. Sec. 551.071. CONSULTATION WITH ATTORNEY; CLOSED MEETING. If A governmental body may not conduct a private consultation with its attorney except: (1)when the governmental body seeks the advice of its attorney about: (A)pending or contemplated litigation; or (B) a settlement offer; or (2)on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter. ES3. Receive legal advice regarding selection of search firm and execution of a contract to hire a selection firm to assist in recruiting City Manager candidates. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. Mayor Porter convened the Council into Open Session at 7:23 p.m. Mayor Porter announced that Council did not conduct Executive Session 3 and stated after discussing with Interim City Manager Parker, Council would like to offer an extended evaluation period to Parker that would run no longer Page 13 9 12/14/2021 Item A. than the end of the fiscal year with regularly scheduled touchpoints to provide feedback. Mayor Porter confirmed with Parker that this was correct. REGULAR AGENDA 1. Consider, and act upon,selection of search firm to assist with search for City Manager. Mayor Porter stated there would be no action taken on this item. 2. Consider, and act upon, Ordinance No. 2021-53 of the City Council of the City of Wylie, Texas, canvassing the election returns of the November 2,2021 Bond Election. Council Action A motion was made by Councilman Williams, seconded by Councilman Strang,to approve Item 2 as presented. A vote was taken and the motion passed 7-0. 3. Consider, and act upon, Ordinance No. 2021-54 amending Ordinance No. 2016-15, Article VI (Stopping, Standing, and Parking) of Chapter 110 (Traffic and Vehicles) of the Wylie Code of Ordinances, creating Section 110-189 resident only parking permit areas; permitting parking in certain areas by permit only during those times set forth in this ordinance; establishing an offense; 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. Staff Comments Assistant City Manager 011ie addressed Council stating based on the Council discussion and direction at the October 12, 2021 meeting, staff is proposing amendments to prohibit parking, stopping, and standing during morning drop off and afternoon pickup times in the Cimarron Estates Subdivision. The summary of amendments includes: no vehicle shall park in a designated area between the hours of 7:OOa - 9:00a and 3:OOp-5:OOp Monday thru Friday, without a valid resident or guest permit; no student drop-off or pick-up for non-designated area resident; and no blocking of crosswalks or private driveways. Council Comments Mayor Porter asked what the implementation period would be.Public Works Porter replied signs should be up after Thanksgiving. Councilman Williams asked how the homeowners go about getting a permit. 011ie replied,per the Ordinance they would go through the City Engineer to obtain a permit. Council Action A motion was made by Councilman Strang, seconded by Mayor pro tern Forrester,to approve Item 3 as presented. A vote was taken and the motion passed 7-0. 4. Consider,and act upon,Ordinance No.2021-55 of the City of Wylie,Texas,amending Section 110-173 (a)(10)(Stopping,Standing,or Parking prohibited in certain places)of Article VI(Stopping,Standing, and Parking) of Chapter 110 (Traffic and Vehicles) of the Wylie Code of Ordinances; prohibiting parking,stopping or standing of a vehicle along the north side of Cloudcroft Dr. from S.Ballard Ave. east to the point of intersection with the private drive of 101 Cloudcroft(approximately 115 feet), and on the south side of Cloudcroft Dr. from S. Ballard Ave. east to the point of intersection with Aspen Ln. (approximately 245 feet); establishing an offense; 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. Staff Comments Assistant City Manager 011ie addressed Council stating based on the Council discussion and direction at the October 12, 2021 meeting, staff is proposing to prohibit parking, stopping, and standing during morning drop off and Page 14 10 12/14/2021 Item A. afternoon pick up times in the Southplace Estates Phase 1 Subdivision. The summary of proposed changes include: north side of Cloudcroft Drive from South Ballard Avenue east to the point of intersection with the private drive of 101 Cloudcroft (approximately 115 feet), in effect between the hours of 6:30a - 8:30a and 2:30p-4:30p Monday thru Friday, and south side of Cloudcroft Drive from South Ballard Avenue east to the point of intersection with Aspen Lane (approximately 245 feet), in effect between the hours of 6:30a - 8:30a and 2:30p-4:30p Monday thru Friday. Council Comments Mayor pro tern Forrester asked how the parents would be notified of this change. 011ie replied that the City can work with the school district and would post signage along the street. Forrester expressed concern with not having the parking,stopping,standing further down Cloudcroft in front of residence homes and driveways.Forrester stated with what is being proposed, the City is not achieving what the citizens were looking for by keeping people from parking in front of their homes while waiting for their kids. 011ie replied,if that is the goal,the only way to achieve that would be to do parking permits for residents like Cimarron Estates.Porter shared the same concern as Forrester. Strang stated he drove through this area around 3:00 and noticed parents also parking on the Atmos easement and was unsure if anything could be done about that. Strang, Wallis, and Mize shared their concerns for the safety of the kids walking in between the parked cars. 011ie asked how far Council would want to restrict parking, stopping, and standing. Porter proposed prohibiting it for the entire neighborhood and requiring a permitting process for the residents similar to Cimarron Estates. Councilmen Strang,Duke, and Wallis agreed. Councilman Williams asked if a blanket ordinance could be completed with no parking, stopping, and standing within a specified radius of every school. Henderson replied the problem with having an ordinance such as that would be that it would be hard to enforce without proper signage,and it would be difficult for parents to gauge the distance from the school.Williams stated he does not want to make things too complicated so if this Ordinance solves the issue he is okay with that. Wallis and Strang stated looking at a radius from schools might be beneficial in areas where there are known issues, as well as posting one sign at the entrance of the neighborhood. Councilman Mize stated he would prefer to address issues as they arise on a school by school basis instead of a blanket ordinance, and added that maybe restricting parking, stopping, and standing three blocks down to Taos would be a good starting point. Council Action A motion was made by Councilman Williams to approve Item 4 as presented.With no second received,the motion died for the lack of a second. A motion was made by Mayor pro tern Forrester, seconded by Wallis, to table Item 4 to the December Council meeting. A vote was taken and the motion passed 6-1 with Councilman Williams voting against. 5. Consider, and act upon, Resolution No. 2021-42(R) casting a vote for a candidate(s) to the Board of Directors of the Collin Central Appraisal District for a two-year term beginning January 1,2022. Council Comments Mayor Porter stated Council did make a nomination this year and he would put forth that Council support their nomination. Council Action A motion was made by Mayor Porter,seconded by Mayor pro tern Forrester,to approve Resolution No.2021-42(R) casting 53 votes for Zewge Kagnew as a candidate to the Board of Directors of the Collin Central Appraisal District for a two-year term beginning January 1, 2022. A vote was taken and the motion passed 7-0. 6. Consider, and act upon, Resolution No. 2021-43(R) casting a vote for a candidate(s) to the Board of Directors of the Rockwall Central Appraisal District for a two-year term beginning January 1,2022. Council Comments Mayor Porter confirmed that Council had 10 votes to cast. Councilman Williams stated he would like to nominate John Brandt as he is a Councilman for the City of Fate and would like to support a local candidate. Councilman Page 15 11 12/14/2021 Item A. Mize stated he would like to nominate John Hohenshelt,City of Rockwall councilmember,and Lorne Liechty,City of Heath former Mayor, for their service to their cities. Council Action A motion was made by Mayor pro tern Forrester,seconded by Councilman Strang,to approve Resolution No.2021- 43(R) casting four votes for John Brandt, three votes for John Hohenshelt, and three votes for Lorne Liechty as candidates to the Board of Directors of the Rockwall Central Appraisal District for a two-year term beginning January 1,2022. A vote was taken and the motion passed 7-0. 7. Consider, and act upon, Resolution No. 2021-44(R) casting a vote for a candidate to the Board of Directors of the Dallas Central Appraisal District for a two-year term beginning January 1,2022. Council Comments Mayor Porter confirmed that Council has one vote to cast. Mayor Porter put forth Brett Franks from Sachse. Council Action A motion was made by Councilman Williams, seconded by Councilman Duke, to approve Resolution No. 2021- 44(R) casting one vote for Brett Franks as candidates to the Board of Directors of the Dallas Central Appraisal District for a two-year term beginning January 1, 2022. A vote was taken and the motion passed 7-0. Mayor Porter convened the Council into a break at 8:02 p.m. WORK SESSION Mayor Porter convened the Council into Work Session at 8:10 p.m. WS1. Discuss Stone Road Improvements. Mayor Porter stated the City had a partnership with the County to do work on Stone Road due to the poor condition it was in. Since then, the County has done a chip and seal process on the road and citizens are not happy with the general condition of the roadway after the work has been completed. The County is not willing to do anything additional than the chip and seal unless the City wants to: 1)take ownership of the roadway and the County possibly pay a little to the City when it is turned over, or 2) wait until both entities gather the funding for a concrete road with installed curb and gutter which would require right of way acquisition from property owners. Public Works Director Porter addressed Council stating the County has reached out to a consulting engineer to put together a preliminary engineering report that outlines three options for future rehab on the road. Option 1 is replacing the asphalt with new asphalt from WA Allen to Bennett Road with a cost of about$3.5 mm; Option 2 is replacing the asphalt road with a wider asphalt road with shoulders and drainage work from WA Allen to Bennett Road with a cost of about$8.4 mm; and Option 3 is replacing the existing asphalt road with a three lane concrete road, including curb and gutter, drainage, and sidewalks with a cost of about $13.7 mm. Options 2 and 3 would require ROW acquisition of about 10 feet on each side of the road. Public Works Director Porter explained the backstory for the work completed on this roadway. Public Works Director stated he reached out to the City's contractor for a cost for them to do the work, and the combined total is $818,000,which is without doing a Geotechnical study. Porter stated he feels like a Geotechnical study needs to be done on intervals down the road before more work is completed. Mayor Porter asked how much a Geotechnical Study would cost, and how long would it take to be completed. Public Works Director replied about $50,000- $75,000 for a Geotechnical Study and he cannot report on how long it would take to do a study without talking to a firm. Council direction was to move forward with a firm to get a Geotechnical Study completed and to work with the County to try to seek some reimbursement of the cost of the study. Page 16 12 12/14/2021 Item A. WS2. City Secretary Department Presentation. City Secretary Stephanie Storm addressed Council giving a presentation of the City Secretary Department including:meet the team;the responsibilities of the Office;department accomplishments including the Achievement of Excellence Award; voter participation data from the last three elections; data on public information requests including the number of requests received since October 1, 2020, number of requests processed monthly, number of recurring requests since April 2021, and the number of requests sent to the Attorney General's office since October 1,2021;Boards and Commission data including applications received,interviews scheduled,appointments made, and new boards and committees established in 2021; implementation of Municode Meetings software; Laserfiche Forms and Workflows created and reworked;total number of documents in Laserfiche and total number of documents created by Laserfiche Forms for the last three fiscal years; additional accomplishments; and projects in progress. Mayor Porter, on behalf of Council, thanked the City Secretary's Office for the work they do for the City. RECONVENE INTO REGULAR SESSION Mayor Porter convened the Council into Regular Session at 8:53 p.m. EXECUTIVE SESSION Mayor Porter convened the Council into Executive Session at 8:53 p.m. 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. ES4. Consider the sale or acquisition of properties located at FM 544/Cooper, State Hwy 78/Ballard, and State Hwy 78/Brown. 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). ESS. Deliberation regarding commercial or financial information that the WEDC has received from a business prospect and to discuss the offer of incentives for Projects: 2017-10a,2020-11b,2021-4a,2021- 6a,2021-8a,2021-9c, and 2021-9e. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. Mayor Porter convened the Council into Open Session at 9:46 p.m. Council Action A motion was made by Mayor pro tern Forrester, seconded by Councilman Williams,to authorize Wylie Economic Development Corporation to enter into a Performance Agreement with Project 2021-4a in an amount not to exceed $500,000. A vote was taken and the motion passed 7-0. Page 17 1 12/14/2021 Item A. READING OF ORDINANCES City Secretary Storm read the captions to Ordinance Nos. 2021-52,2021-53, and 2021-54 into the official record. ADJOURNMENT A motion was made by Councilman Strang, seconded by Councilman Duke,to adjourn the meeting at 9:48 p.m. A vote was taken and motion passed 7-0. Matthew Porter,Mayor ATTEST: Stephanie Storm, City Secretary Page 18 14 12/14/2021 Item B. Wylie City Council CITY OF AGENDA REPORT Department: Planning Account Code: Prepared By: Jasen Haskins,AICP Subject Consider,and act upon,a Final Plat,being a Replat of Lots 1 and 2,Block 1 of Country Club Addition and 2 acres of tract 22 of the Charles Atterbury Survey, establishing one lot on 13.022 acres,located at 570 Country Club Rd. Recommendation Motion to approve Item as presented. Discussion OWNER: HT Country Club SS Owner LP APPLICANT: Morrison Shipley The applicant has submitted a Replat to combine Lots 1 and 2,Block I of Country Club Addition and add 2 acres of tract 22 of the Charles Atterbury Survey into Lot 3R,Block 1 of Country Club Addition. The property is located at 570 Country Club Rd. and is zoned within Planned Development 2021-41. The purpose of the Replat is to create one lot by adding the adjacent two-acre lot to the north to the existing CubeSmart self- storage use. The 2-acre tract was added onto the CubeSmart Self-Storage Planned Development in August 2021 with the approval of the aforementioned PD allowing the expansion of the self-storage use. A site plan for the expansion, complying with the approved PD, was approved by the P&Z Commission in November 2021. The Replat complies with street frontage and fire lane access requirements. The plat is technically correct and abides by all aspects of the City of Wylie Subdivision Regulations.Approval is subject to additions and alterations as required by the City Engineering Department. For conditional approval or disapproval City Council must provide a written statement of the reasons to the applicant in accordance with Article 212, Section 212.0091 of the Texas Local Gov't Code. P&Z Commission Discussion The Commissioners voted 7-0 to recommend approval. Financial Summary/Strategic Goals Planning Management 15 12/14/2021 Item B. NOW,THU.On,KNOW ALL MEN eV MESE NiESLNTS P aproval Block itr"ii that HT Country Club SS Owner,LP,act,nereln by and tnrough his(,2sI d uly cer,does nating the mm,.,.n Date 1 .I,�� 2 ;/ / 2fls%%% „a tnealM1t effn,t,ea a deatedn Pa,NnM1ndn Thxas 3 -f :� fl fence,trees,shrubs or other mprovernents or growths.shdl,be con,tructed APPROVL STRUEroN N89°59 52'W 403.09' or placed over or acro,the easement,.shown,excep,that I e h= 11 •ll i —r w r2 itithe uhe subordinate w e,e.ae oa� _ lino- s. SR9 59 52'E 34]]0' —_Cs O/ cp/ _30'AMESS DRIVE ea \ I.�f a csan ',M./he'suse[hereofq,ttv11D � ail EIRELANE EASEMENT �' ail ,/ 24The C,y of Wyke and public unItty entities have the rtgbt to remove WYLIE ACCESS DRIVE ABS5 "S ATTEROURY `" a.keep removed all or part,of any buildings,fences,trees,hhrubs or other 11TV , t ,99.ACRES the construtt on,rnamtenance,or ef fluency of them respecnve systems in Mayor,City oh Wyke,texas. Da, 8 oI\\ ' Wra ze3oCHAaDy589°5952°W t34788 rIREUI EnsRIVENT ccEss DR1 6 J IIz SEd easemerts I he(Ay of Wylie a.pubke utility entities shall at aIl .-, improvement,or growths which may in any way endanger or interfere wIth VICINITY ND MAP \ t� and there N89°58 28'W 352.67'— _, ▪ a ezregulations: ▪ ted the canon of streets arks easement ubbc sewe R NW 43'01,260.10' °dO rc r,x Sfl9°43'01"W Y28.02' ' f NtS3, and M Me day of the _ '0 e M1 nabo Mayor —I[ r NV x CURVE TABLE --FiZol w I Wrtnessm nand this day of ,ao,20 „„ nuthoreedsgnature of owner P w r —tI A 002 fly] \ City SecretarY �5„E Pr,nred Nameand tue Cry o[WVe,Tuax 9.tD ,. t. 1 ( ' COUNT'D § ,rcSTATE OF 1,AS NOTES . Texas,.ths clay personal,appeared Owner, ---2 ' 1 mehe ter(e NAD z E s day of 4 .e z� �ssaRs.3e p �e-____� . °=t f ''-- -f Plat Doc.20.08.25010003.450P _ fines f c I nance and Slate LB,and p suo,ect to _/ a 0 SfiID°43'01 W ' ��r <` ' HT fOUNTR S Oth+ I O Notary Public for the state of terns Noo K 3 I'h.approximate total land area as shown on thls.survey,is 1 022 acrt, \ / \ \ / WVEIE;rx]5 9B \ °' m I ) o � ( ) 1 it Revised s4 The DWN.' tC4, AN1.DA„_ de 2 1 \ Lot 3R /) Tract or ena an,no�aed ofmuand zfina Plat of Paton„Storage Country 0o P n0wn nere0n. CITY BENCHMARKS I PLATINUMST'ORAGE.._ r / ;.PLA MUM STORAGE' COUNTRY CLUB ADDITION •_— deed Elevation r I,D 0 L a2. a00034st1 - ,,,,,nentno, t zszoz�zazs ,,,,, trt c{o z.vBs WN1:..f.I.R / /� � Itrz r eb $ 4,%9 S?6 COUNTRY CA.UB ROAD — / I ( 17,,,, Storage Country Club Add,tIon overall tot DescrptIon and being the Northeast Corner of 3 I WYllE,rx750R8 1 VII� m gI hence along the Commoniir,tot 2,Country Club Additon,a.north line of tot a, Platinum Storage e,[.f� _ 3 P/ P Club Road Lot 3R,Block 1,Country Club Addition 1 I hence along said right of wav the folIowing metes a.bounds. ra nnment distance feet toafe sNePa„>nentof A Replat of Lots 1&2,Block 1 of Country Club 3 I I a d„tance of 14src feet to a found five e ghtbs inch f6/x°„enaf Addition I eeed,nm0oa,eaeatthehb0egm,n8i'n0gV o fCombining ,enat,and o�,a a,rve�nam..anre.n _ fee:n,found cross nenne e- Tract 22 Abstract A0022 A Tract Described in Warranty Deed ).. I hence deparung s.wd right of way,North 89,43`01"Laht a,stance of 260 10 feet to a Deed Document No 20080911001096630 and helnq on the north line of Lot 2,Country Document No.20080911001096630 r J ' i Thence depart,.tne north Ime.o`sad Lot ee naet e. n nor North 00'40'29"West a, ne0 ran Deed of 164ee 570 Country Club Rd. / \_ __/ A_ __/ / f/P ,stance WYLIE,TX 75098 c s s,= / _� norcornersal Thence Nortn 89,3'01'East a distance of 528 18 feet to a one half 1/z 1 rebar at BEING 13.022 ACRES SITUATED IN THE - =e — _J '"``� 20080.1001096630o A Part of CHARLES ATTERBURY SURVEY,Abstract No.22 "t / "�T�/— f./e.f rebarat CITY OF WYLIE,COLLIN COUNTY,TEXAS t0 „ Id e the common corner of said tract desmbed in Wan-Anty DP.Document No S89°38 09 w 255.60 589°38'09"W 519.69' 4 - f/ I OWNER SURVEYOR p , R { 583'SB'a9"W]T5.>9' ff zx suc, INC ,, I hence along the,outh Imp of Lot 2,Sodtn 8,38'09"West a dmtahre of S1969 feet to 2200 lio,Ave,Sulu,4200 W ny , the Pon.of z ac,eso o-a, ..r,a i / / e e,ona nfl .S .square fent mo+nor.s \ email s Castellano,hinesmm f.MA,CCR TS@Moaft So H U-COM Curven ` In a z4443 3.... b' actual and accurate s.urvey of:he land and that the comer monuments shown thereon as set were properly placed under my personal vso accordance.wall the o ¢ nob e NoWylie i 3 Noo C3 0 n C4 xx �. Si E �0 3s f 14 90.39'30 on 0 43,x 3gW� �ftestate NegxM1ae t, .e 16 12/14/2021 Item C. Wylie City Council CITY OF AGENDA REPORT Department: Planning Account Code: Prepared By: Jasen Haskins,AICP Subject Consider, and act upon, a Final Plat, being a Replat of Lots 1 and 2, Block 11 of Railroad Addition, establishing one lot on 0.2557 acres, located at 501C North Highway 78. Recommendation Motion to approve Item as presented. Discussion OWNER: Shelly Tsai APPLICANT: Xavier Chapa Engineering The applicant has submitted a Replat of a portion of Lots 1 and 2, Block 11 into Lot 2R, Block 11 of Railroad Addition. The property is located at 501C North Highway 78 and is zoned within the Commercial Corridor district. The purpose of the plat is to create one lot to allow for the remodeling of an existing car wash into a two-tenant commercial building. A site plan for that renovation was conditionally approved by the P&Z Commission in November 2021. The plat is technically correct and abides by all aspects of the City of Wylie Subdivision Regulations. Approval is subject to additions and alterations as required by the City Engineering Department. For conditional approval or disapproval City Council must provide a written statement of the reasons to the applicant in accordance with Article 212, Section 212.0091 of the Texas Local Gov't Code. P&Z Commission Discussion The Commissioners voted 7-0 to recommend approval. Financial Summary/Strategic Goals Planning Management 17 12/14/2021 Item C. � STATE OF TEXAS �=�� COUNTY OF COLLIN (INPET) I ma) It WHEREAS BIG BRUSH CAR WASH LLC A TEXAS LIMITED LIABILITY COMPANY,is the owner of a 02557 acre tract of land in theFRANCISCO DE LA PINA SURVEY ABSTRACT NO 688 in the City of WEHe,ColIin County,Texas,being portions f Lot 1 ond Lot 2 of Block 11,Railroad Addition, to the plot recorded'n Volume 77 Page 494 of the Map Records f Collin County,Texas,as conveyed by Instrument No 2 01 7 08 08 001 05 685 0 of the Official Public Records of Collin County,Texas and being more particularly described follows: re BEGINNING of a "XE found-n concrete of theintersection of the Eost line of N.4th Street and the north line of E.Marble Street for the southwest corner of Lot 2 of Block 11,of said Railroad Addition; x rauNo w mNcusrF THENCE North 00'23'48`West along sold east line,a distance of 16.83 feet to an iron rod found in the southeast lino of N.State Hwy.No.78(voribole width right of way); „LB Al) °O AO E THENCE North 50'31 OG East q d southeast right of way line,and passing the common west corner of said Lot 1 and Lot 2 at a distance of 76.11 feet, 1 P oyx andcontinuing c total dIstcnc f 161.15 feet t X found for corner�� .\OF ?N THENCE South 39'00 29 East passing through said Lot i a distance of 69.54 feet to an iron rod found for corner n the common lot line between said Lot 1 r.X. Gg '�SP and Lot 2: •``,` o L2 ,xr 34"West along said lot line a distance of 21.07 feet to an X found for corner, vO ...ON THENCE THENCE South 89 5u E ° iron rod found'n said north tine of E.Marble Street: PO wo, THENCE South GO SA 56"East,a distance of 65.00 feet to an P`P� IE Nu N wrvaitrE THENCE South 89'54 34`West along said north line,o distance of 148.00 feet to the point of beginning,and containing 0.2557 acres of land,more or less. NOW THEREFORE,KNOW ALL MEN BY THESE PRESENTS: NI' THAT BIG BRUSH CAR WASH,LLC,A TEXAS LIMITED LIABILITY COMPANY,does hereby adopt this Plat designating therein above described proprty as RAILROAD Eo° ADDITION,LOT 2A BLOCK it an addition to the City of Wylie.C it County.Texas,and do hereby dedicate fee simple to the public use forever easements and 00 right—of—ways shown hereon. The easements shown hereon are hereby re i reserved for the purposes indicated. No bindings c fen s,tre shrubs or other r`N improvements or growths shall be nstructed or placed upon o e s the easements ments and arght of ways as shown. Said utl'ty easements being hereby o.m reserved for the mutual a and shall hove the full right to re end keep removed all or parts of any building fences,trees,shrubs,or other improvements o rn growths h'-h my y y endanger r interfere with thet efficiency f trespective the theutility t d all public LOT 2R,BLOCK 11 parr a n full "re f g andf d upon thesaid t arm inspecting, �A( RAILROD ADDITION patrolling,maintaining.and adding to or removing all or part of Ms respective systems without the necessity at any time of procuring the permission ofanyone. L. WITNESS MY HAND this day of 2021. )22 POUND IN r;.oNrnr.0r. SH94'5.'Sa"w ,iw BY: t. porr cc ecciNNwc 8.0(i BIG BRUSH CARWASH,LLC,A TEXAS LIMITD LIABILITY COMPANY SfN NfE OEG' al E.MARBLE STREET F OAS N uN 3 (70'ItiGHT OF WAY) Before the undersgned authorty,a Notary Pubic in and for the State f Texas,personally appeared the person whose names re subscribed to the foregoing — — instrument and acknowledged same for the purposes and consideratIons therein expressed and in the capacity indicated hereon. ^ GIVEN UNDER MY(IAND AND SEAL OIL OFFICE this......... ......_ ._....._day of ,,2021_ 1'..o V Notary Public in and for the State of Texas I ss oo ( — """' My Commission Expires On. LEGEND: CITY OE WYLIE BENCH MARKS. (Recommended for Approval" DRCCT—DEED RECORDS,COLLIN COUNTY,TEXAS CMt— LINE TABLE IRE--/RON ROD FOUND STATE PLANE COORDINATE'LOCATION LINE LENGTH BEARING IRS—IRON ROD SET NORTHING: 7060922.94 Li 16.82 NOW2,28,2 Chairman,PIonning and Zoning Commission Hate R.O.W.—RIGHT—OF—WAY EASTING: 2576974.07 L2 ELEVATION. 530.5.5 so,,, aa•w City of Wylie,Texas NOTES: CM3— "Approved for Construction" STATE PLANE COORDINATE LOCATION t. None Area this property is within the Special Flood NORTHING: 2553976.0 Hazard Area According t. the Flood Insurance Pate Map, EASTING 510.772.00 Mayor,City of Wylie,Texas Date Map Number 48085C041 cJ dated June 2 2009 ELEVATION. 510.77 SURVEYON'S ctRllticAR. "ACCEPTED" g P d s PREUy we that the Oe5e 202 lat inn are WYLIE,TEXAS �� o-e ground w �t m tion and°he�ef Maya c y of we TexasDate <`Y PRELIMINARY:THIS PLAT IS NOT The unders gned The City Secretary d of theCity of Wylie,T hereby cerCfes that the foregoing final p/at of RAILROAD ADDITION 21 5rP "'-- """ LOT 2A BLOCK 11 t th Ct C of 2021 and the Councl ,,,IIIII� y ncl th daya • pp�Na_ sae TO BE RECORDED FOR ANY by formal t men d th a<c pt,d m d di<t elalley,p k public places.ana w<ter and sewer Ines PURPOSE.THIS PLAT IS RELEASED e shown and set forthn and span said plat and said Council farmer authorized me Mayor to gate me aceeptane thereof by signing his name s herein above subscribed. d Xavier STATE of oreak o a ro�N FOR REVIEW,OCTOBER,2021. as shown my hand this day of ao.ed t C .9 t .d b' d S f t be to tforegoingme,the undersigned authority,a Notary Public in and for the State of Texas,on this day personolly e'ctrumart City Secretary 7221. and odmor' g to e that e executed the same o t purpose and considerations therein City of Wylie,Texas IllNk Given under my hand and seal°f office,this day of 2021. PublicNotary FINAL PLAT Mmmission RAILROAD ADDITION yC° r OWNER LOT 2A BLOCK 11 MASTERS BIG BRUSH CAR WASH, LLC AMIN , 0.2557 ACRES SURVEYSOLUTIONSOF TEXAS A TEXAS LIMITED LIABILITY COMPANY BEING A REPEAT OF A PORTION OF LOT 1,AND LOT 2, PROJECT SITE FRAM 1001.175C/O SHELLEY TSAI 1518 CHEYENNE DRIVE BLOCK 11, °""" BUNIIMARY «aa"w".`na +m RICHARDSON, TEXAS 75080 RAILROAD ADDITION � ° TELEPHONE 972-904-7083 FRANCISCO DE LA PINA SURVEY, ABSTRACT 688 VICINITY MAP N r s CITY OF WYLIE,COLLIN COUNTY,TEXAS O\Users\Xavier\Dropbox\2021 projects\501 N.S.H. 78, WYLIE\dwg\CI PLAT.dwg 10/4/2021 9:59:07 AM CDT 18 12/14/2021 Item D. Wylie City Council CITY OF AGENDA REPORT Department: Planning Account Code: Prepared By: Jasen Haskins,AICP Subject Consider,and act upon, a Final Plat for Wylie Substation Addition, establishing one lot on 9.722 acres,located at 2655 Stone 'oad in the City of Wylie's Extraterritorial Jurisdiction. Recommendation Motion to approve Item as presented. Discussion OWNER: Farmers Electric Cooperative APPLICANT: R-Delta Engineers The applicant has submitted a Final Plat for Lot 1, Block 1 of Wylie Substation Addition. The property is located at 2655 Stone Road outside of the City limits within the extraterritorial jurisdiction of Wylie. The purpose of the plat is to create one lot to allow for the Collin County permitting of the expansion of Farmers Electric's infrastructure. The plat shall also dedicate easements and right-of-way for the future expansion of East Stone Road. The plat is technically correct and abides by all aspects of the City of Wylie Subdivision Regulations. Approval is subject to additions and alterations as required by the City Engineering Department. For conditional approval or disapproval. City Council must provide a written statement of the reasons to the applicant in accordance with Article 212, Section 212.0091 of the Texas Local Gov't Code. P&Z Commission Discussion The Commission voted 7-0 to recommend approval. Financial Summary/Strategic Goals Planning Management 19 12/14/2021 Item D. IN ED0603,00036 S0 \ FII-O.P.R.C.C.T D" 78 S.,. \`—__� NIKHAT HAWED FENCE POST IN cONCRFTE;N. 0 ze o (CM) FILED OPRC CT.t0 \LOT\BLOCKA G MEADOWS HEIGHTS ESTATES m CAB C,SLIDE 51e - ISITE. 8,eENNLTr INS"(FIL NO 5 00340 A N o.P.lzc.c.r. /�� NE Q¢ a-nv...Aao ssql. 0 X o __L SrONE 3 D S7S°08'11rE0ADDITION 5 Z c� FILED 2/r01s _�41 _ 0a MA i� „ R I` u� (NOT VICINITY �Az 1,373.1g;e: s I F a v ROD Fou✓`o Q (CM) W —'—,LOT 1, BLOCK 1 SSJ,. 0 1258 D 4 3,4�8 SF /�—- , FFILED 9 722 ACCR ,S_ BT_No� 0 ac c. ILI VOLUME 51s,na�s,Dace. 1912008 F 5 ccr_ It) CO e° P.O.B. N /�in vT, a61 O 1/a"STEEL "1 Z ROD FOUND _ 12 STEEL CO A' `\\ - N _ ROD FOUND N N 75 0 BEE m o f, -10 O' (.0 ° 7'Sprrw wrUE Er,T, a�"6 GRANITE INDUSTRIES \c `'8 NO 2221222522E A,E2 0 <50 Flip R c.arzoz, E crrr Lrnzrs o 0 8'',- 340rrw wrvEcz�. 90p.76 <'° . ‹" i 2 STEEL wr O ' ° 3",u ROD FOUND E CITY LIMJCO o @ , INS NO 20120904001096030 TS 418 10 CO 51.,, FILED 09/04/20,2 G F RC O T. • go`' 1/2 STEEL o ROD FOUND 1' B Tit -FT t,F INST NO20210203000234190 FOP LLIN ,Ire FILED 02,3/2021 013P /2 STEEL P1' ROD WATI L.w CAP f . 'F,, STAM.FD 'TXHS"FOUND (cm) 7 I` L.EG%ND. PSZ Jo>5, o PRc¢.-orr mull Pumm Records of Collin c°0Lr Te.oO FINAL PLAT �� P RCCT =P R oC - C Texas / P D S =D R °f C - C Texas _ / LOT 1, BLOCK 1 RDE =sa r° st amped Pad R Dt[ F RM Ju 55000 set w tF this survey DIM =E.1 T - c°.H 1iDa WYLIE SUBSTATION ADDITION R O.W- =Rght Right-of-Pk, P O.B. =Point 0'Beginning g P.O.R. =C 0 Reference rence CM =c L BEING A 9."7258 ACRE TRACT' OF LAND OUT OF Monument .r • =Unmarked Comer THE FRANCISCO DE LA F'ENA SURVEY,ABSTRACT N0. 688, rv070s COLLIN COUNTY, TEXAS ACCORDING TO FLOOD INSURANCE RATE MAP(FIRM)MA;NO 450e500a40.1 DATED ERn .eN ACErvc.(FEwA7 F"muw OWNER stiRVE:OR DN s wmN mrvE x FARMERS ELECTRIC COOP.INC.. 30 ME maDINAIES AND eEARrvcs SHOWN 2000 E.LH.(, 0' rvAn `m� sz=.,. . a., r, T,y + . .. - i� caeENwLLF texas Tsam zaapaa Fax�7,1,DP w C<9 ry E10 s Ary OL aAF05 Q. �.. t,vr[ EnoEE B _Ooov2 0cE to R° 6, U DP PHUN!003 5S 1,5 systE • 2 RDF Pr°j_No 2996 21 November,2021 SHEET 1 OF 20 12/14/2021 Item D. PROPERTY OWNER'S CERTIFICATION OWNER'S DEDICATION SURVEYOR'S CERTIFICATE STATE OF TEXAS § NOW,THEREFORE, KNOW ALL MEN BY THESE PRESENTS: STATE OF TEXAS § COUNTY OF COI...I..IN § That, We, Farmers Electric Coo tive, Inc-, do hereby adopt this t, de..i t pera y plat, s gna ing COUNTY OF COLLIN § WHEREAS Farmers Electric Cooperative 's the o ne of that certain the heren described property as LOT 1, BLOCK 1, WYLIE SUBSTATION ADDITION a 9.'/258--acre tract of land stunted r the [franc,.wde la Pera Survey,Abstract addton to Coltn County Texas and do hereby dedicate to the public use forever That I,Wayne C.Terry.c 12eg6tered Professonal Land Surveyor licensed by the State of No. 688, Collin County Texas, and also being n the extra terntoral Lursdicbon of the streets and alleys shown thereon. The easements shown thereon are hereby Texas,do hereby affirm toot I have prepared this plat Kam a actual survey of the land and the City of Wylie, Texas, as evidenced by the deed from Robert Kreymer and wife, reserved for the purposes as indicated and shall be open to fire, police and all that the c monuments shown thereon were and and/or on placed under th public and pnvate utilities for each particular use The maintenance of paving on supervision 6,accordance with the platting rules and regulations of the City of Wylie,COLLIN Phyllis Kreyy , to Farmers Electric Cooperative, Inc.dated the 10 day of cots is the r bilit of the t *- No buildin fences, County,Texa.se February, 1997 and recorded n Instrument No 97-001 1 472 of the Offcol Public m espons y property o gs Records of Colfn County Texas(OPRCC9) and being more partcufarly described easements or Improvements shall be constructed, reconstructed or placed upon, as follows: o o across the easements a shown_ Sad easements being reconstructed or WITNESS MY NAND AT COWN,TIXAS this the day of placed upon, over s thes easements a shown. Said easements being hereby reserved eforo the c mutual use and ac modation of all pubic utilities using, r desrng to use so All and e¢ny publcn utlty shallhave the full right o 02? BEGINNING a a pont n the pp mate center o Lost Stone Road for the and to some from and said easements for the d of n � northeast corner of the above mentioned Farmers t C peratwe tact and '- ,Egress egress p purposed a be mg In the westerly Idle of a called 31 031 are t f land dated December tructngreconstructing, p tg p t II'q t nq and dd t on to or 15 2008 f R. Rchard Parker to Parkarosa Ltd. recorded'n Instrument removing all or Darts of t p tvsystem w:h t thenecess ty of any time of No. 20081217001420970 OPRCCT and hovng coordinates of: procurng the permIsslon of anyone. Any pubic utIty shall have the rght of ogress and egressto pnvate property for the purpose of reading meters and any _ X= 2,582,662.33 feet, aintenance and service required or ordinarily performed by that utility. Wayne G.Terry Y 7.057125.61 feet; All utit s ty ea ments shall also Include an addtional area of working space for Reg stered Professpool Land Surveyor IHt NCI:S 00 for 39' 49"W. along said East Stone Rood and said west line, tructon and mantenance of the pubic water and sanitary sewer systems_ He5istrat on No.4t84 o Additional easement area is also conveyed nstailation and m ie f distance of 239.11 feet to the most easterly northeast corner of a tract of land fire manholes, cleanouts, re hydrants,waters s form the m natoand rincluding described in the deed to Granite Industries a recorded in Instrument No. meters and boxes sewer laterals form the man to the cub or pavement fine, and 20210203000234190, OPRCCT, same being on the west line of said tract of land the descriptions of such addition easements herein granted shall be determined by descnbed in the deed to Parkarosa, I.TD., their locations as Installed. THENCE with the common line of said Farmers Electric tract and said Granite The undersigned does covenant and agree that the c easements dedicated o Industres tract the`allowing three(3) courses and distances. this plat may be utilized by any per ncludinq the general aluubiic, for ingress a Hovat atom and egress to other real property, for both vehicular and pedestria and 1.N 75'07'50'W, passing at a distance of 30.75 feet a 1/2-1nch steel rod with access n al eras access casein a'°'° za q omm,ssion Dote yellow cap stamped"TANS"found, and continuing on the s along, upon and across the premises containing the a easements ay rot Wylie,Texas additional distance of 870.01 feet fora total distance of 900.76 feet to a 1/2—inch steel rocs; Mayor,C,ty of Wylie.,Teas Date 2.S 15°00'1N W, for a distance of 235-08 feet to a 1/2 Inch steel rod found, Mayor,aty of Wylie,Teas Dote STATE OF TEXAS § 3.N 75'03'40f W, for dis' of 419.10 feet to 1/2-inch steel rod found on § _,:ashereby lance ee a t me and ,a the east Ive of a tract of land descnbed In the deed to Alvn BIttner as COUNTY OF COI..I.IN § certifies<hot the foreao,ng final Oct or the ....... to Collin County,was submitted to the c corded n Instrument No. 20 0 501 31 000 1 25870 OPRCCT from which a 1/2-inch steel rod found for reference at the southeast corner of sold Butner BEFORE ME, the undersigned, a Notary Public in and for said County d wateranc knes a,shown and tract bears S 01'25'32f W, fora stance of 36.86 feet, and State n this day personally appeared Wayne C. Terry, known to e f further ourthonzed the to be the per whosesubscr e ibed to the foregoing mstru t e the acceptance thereof by signingw di in upon his name os heremabove THENCE N 01' 25'32"E,with the east line of said Butner tract and the east and acknowledged to me that he executed the some for the purposes smseroed. line of a tract of land descr s ibed In the deed to Roy Ramsey a corded in and considerations therein expressed and In the capacity there y and this y m a o in stated. witness f 3 Instrument No.98-0034887, OPRCCT, for a distance of 4797 feet to a steel post in concrete found at the northeast corner of said Roy Ramsey tract,same city of Wylie,Texas the southeast corner of a tract of land described in the deed to Rafael GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of Perez a corded In Instrument No 20060314000336850, OPRCCT, and the southwest ecorner of a tract of land described in deed to Nlkhat Hameed as recorded In Instrument No 2.0191004001248280, OPRCCT, , 2021. THENCE S 75' 08' 116 F, with the south line of sold Hameed tract, the south line of a tract of land described in the deed to Raymond Baez as recorded In Volume 3315, Page recorded Dd rn IT, and the south line of Lot 1, Bieck A,Stone Block recorded in Instrument Na- 11841, OPRCCT, at a distance of --------------d In the State o Texas ----Addition, et s P south Notary Public for and in the State of Texas 664.18 feet a 1/2-inch steel rod found for the c southeast corner of said Baez tract and the southwest corner of said Lot 7 and continuing on the same e fo-a ada'tonai dstance of 709.01 feet fortotal distance of i 373.19 IRE `Fltr;L RE L:Jc'D feet to the POIN I OF BEGINNING and containing 423,654 square feet or 9.7258 - FE77 6CLkv COUlZTK acres of land. My commisson express oF6OFT i E_ FINAL PI AT OF LOT 1, BLOCK 1 W YL IE SUBS TA T/ON ADDITION BEING A 9.725E ACRE TRACT OF LAND OUT OF THE FRANCISCO DE LA PENA SURVEY, ABSTRACT N0. 688, COLLIN COUNTY, TEXAS OWNER- SURVEYOR_ states WARMERS ELEGYRIO COOPING 2000E IH.30 vn^@-rl)neaeosl GREENVILLE.TEXAS 75401 rax,72 e9i.2no PHONE 903-455 171S xvn.raeltavom TBFISE No F10155000 PDE Proj.No.299E-21 November, 2021SHEET 20F 2 21...... 12/14/2021 Item E. Wylie City Council CITY OF AGENDA REPORT Department: Planning Account Code: Prepared By: Jasen Haskins,AICP Subject Consider, and act upon, a Final Plat, being a Replat of Lots 1 and 2, Block D of Regency Business Park Addition Phase 2, establishing one lot on 2.946 acres, located at 200 Regency Drive. Recommendation Motion to approve Item as presented. Discussion OWNER: Farmers Electric Cooperative APPLICANT: R-Delta Engineers The applicant has submitted a Replat to combine Lots 1 and 2, Block D into Lot 1R, Block 1 of Regency Business Park Addition,Phase 2.The property is located at 200 Regency Drive and is zoned within the Light Industrial district. The purpose of the plat is to create one lot to allow for the permitting of Farmers Electric's infrastructure. The applicant has submitted an application for a Special Use Permit for a telecommunications tower which will be on a later agenda. Approval of the plat has no bearing on consideration of the forthcoming SUP. The plat is technically correct and abides by all aspects of the City of Wylie Subdivision Regulations. Approval is subject to additions and alterations as required by the City Engineering Department. For conditional approval or disapproval City Council must provide a written statement of the reasons to the applicant in accordance with Article 212, Section 212.0091 of the Texas Local Gov't Code. P&Z Commission Discussion The Commission voted 7-0 to recommend approval. Financial Summary/Strategic Goals Planning Management 22 12/14/2021 Item E. 1 / / Rh Ch NCY BUST N4:SS PARK PHAS_ / 1, — CAB. P',PG.34Y i MRCC T. / --_ REGENCY BUSINESS PARK PHASE 1 L01 6A,BLK A LO I'6B,BLK A L01 6C,BLK A - / L01'7,BLK B -- i „','"� CAPITAL STREET v 6�'� P.O.B. D D (60' Rlgnt or Way) wn x si (BY THIS PLAT) S 4535'38" E ''- i 21.15' �e N E39°14 24 F 332.40 o z 40ao 1 ,R° FFLT MR, eEu I �1) r } { <sti; LOT 1, BLK C Int Cl. T REGENCY BUSINESS PARK PHASE 2 13 W ...In , LOT 1,BI...00K D 'a t e ' 0 0 CAB_G,SI..IDE 92 t W N MgE ,} 5T m o oR 0 'V CD N ot0 k a, r 2 m a tR m O m m- Lt z" L0 1 1 f2, BLOCK 1 r w Z REGENCY BUSINESS �, �� 12B,32A SF PARK PHASE 2 — m W O CAB. C, PC.92. O. 2.946 ACRES s (.9 MRCCT. mI W cc R. !) m 'n REGENCY BUSINESS PARK PHASE 2 sfr LOT 2,BI...00K D 4 CAB.G,SLIDE 92 wv o ..., �G { ��"— LOT AA.BLK G ti K _o t,',1,ZT,tettnr"` 0.1]' SRF w m } 1—.E0 cmP,oeeR,�Po casE,, 3,7 S 89'14'2A 2' W 3473' nor I FINAL PLAT OF WOODBRIDGE PHASE 22A, REGENCY BUSINESS I K D,PHASE z LOT LOT 1R BLOCK 1 LOTS 4 23,BLOCK I; CAB-G,SLIM 9 I 2 CG/)207105261010001960 REGENCY BUSINESS I PARK ADDITION, PHASE 2 IFGENO sRE sea BEING A REPEAT an COUNTY CLERKe INSTRUMENT NUMBER L. ACCORDING o FLOOD INSURANCE RATE MAP LraM>Mao No 4e095C041E5 OAKED OF LOTS 1 AND 2, BLO CK D caig,9w T27Ds EnETVZ zt",,fwr"EN"CEEM>w oarr DEED RECORDS of cow N COUNTY TEXAS e _ =\„A„Q.,„„i RECENCY BUSINESS PARK ADDITION , PHASE E 2 ROW NI,o way �� ,w THE COORDINATES AND BEARINGS SHOWN HEREON RE TIED TO THE TEXAS vo P�o e^s„g DDRNAEEYST DD,nRN suNRE,cRE EEsN, Es,w ,P-r cEsBEING A946 ACRE TRACTOF LAND OUT OF oPRDCT EIZAL PUBLIC RECORDS or mwN CODE, WILLIAM SA SEU ABSTRACT NO 835 mu.�v HDw EREOwcEr„DeHsPar '"'E I,` SPACE C r' f; C COUNT AS PURPOSE o s PLAT TO CREATE A"Or FROM TWO Pu„ro 10, �2 ,O° OWNER SUR E ORDs /¢;n n'Z 11,7-Zos, s,%De § EARNERS ELFC ERIC COOPINCFE h D OR , _ iELMar S1ree .5'. FOMME OF NEDMES TREE BUSHES OR SHRUBS'511.1 Br ERECTED 2000E H 50 p a J ORHE E 1EAAS 7,01 ■ • • P a VICINITY MAP oNE ABOVE,RE MAY SURFACE ar,RE EDGE Dr,D PAH NEN,. aR NO1 10 SCALE November,2021 F,c,.aow RfIE Prof No 299r21 SHEET 1 OF 2 23 12/14/2021 Item E. OWNER'S CERTIFICATE OWNER'S DEDICATION STATE OF TEXAS § NOW,THEREFORE,KNOW ALL MEN BY THESE PRESENTS: That,We,Farmers Electric Cooperative, Inc do hereby adopt this plat, COUNTY OF COLLIN § designating the herein—descrbed property as LOT 1R, BLOCK t BEING a 2-946 acre tract of land situated in the City of Wylie,in the RECENCY BUSINESS PARK ADDITION, PHASE 2,an addition to the City of William Sachse Survey,Abstract No.835,Collin County,Texas,and Wylie,Texas, and do hereby dedicate to the public use forever the being that certain tract of land described m the deed dated July 8, streets and alleys shown thereon. The easements shown thereon are 1999,from John P. Pennington to Farmers Electric Cooperative, Inc. hereby r ved for the purposes as indicated and small be open to e and recorded in Volume 4457,at Page 3135 of the Deed Records of fire,police r and all public and private utilities to, each pprt.cular use Collin County,Texas,and being all of I..ots 1 and 2,Block D of The maintenance of paving on all easements is the responsibility of the property owner No buildings,fences,trees,shrubs,o imprgvements Regency Business Part(also known as Regency Business Park) Addition—Phase Two, an addition to the City of Wylie,Collin County, shall be constructed.reconstructed or placed upon,over o roes the Texas,according to the plot thereof recorded in Cabinet G,at Slide 92 easements a shown- Said easements being reconstructed or placed of the Plat Records of Collin County,Texas, and being more, upon,o across the easements as shown.cScid easements being particularly described as follows: hereby reserved for the mutual u and occ modebon of all public utilities using,or desiring to a All and any public utility shall have BEGINNING at a 5/8—inch steel rod set with a pink plastic cap easementsthefull right on ingress and egress to or ofrom and upon said stamped"R—DELTA FIRM 10155000' hereafter noted as RDS marking for the purposed of to time reconstructing, inspecting, Pe ( )m g paolling, system and e...lion too vng all r pots f he the.section o corn south said Lot 1.Block D,and being at the respective system without the necessity of any time he procuring the intersection f me corner �gnt—ar—way(Row)line of capital street(a permission of anyone- Any pabliceanrty shall have the right of ingress PO foot ROW)as dedicated by the aforementioned plat,with the east and egress to emote property for the purpose of reading meters and ROW line of Springwell Parkway,(o sixty—foot ROW)as dedicated by any maintenance and service required or ordinarily performed by that the RIGHT—OF—WAY DEDICATION DEED dated February 14,2008,from utility. Woodbridge North Commercial I,Ltd to the City of Wylie,Texas, and recorded in Document Number 20080214000179650 of the Official All 0,14 eosements shall also include an additional a of working f Public Records of Collin County,Texas,and having coordinates o space for construction and maintenance of the public water and X 2,554,90.3 SO feet, sanitary sewel-systems- Additional e ent a also conveyed for Y 7,054,210.23 feet, installation and maintenance of manholes,cn ou s ts.fire hydrants. water services form them n to and including meters and boxes sewer THENCE N 89' 14'24"E with the south ROW line of Capital Street for laterals form the main to the cub or pavement line,end the a distance of 332.40 feet to an RDS at the northwest chamfer corner descriptions of such addition easements herein granted shall be at the intersection of sa.d Capital Street with Regency Drive(a determined by their locations as installed. 60—foot ROW)dedicated by the aforementioned plat; The undersigned does covenant and agree that the a eats oven access easements THENCE S 45'35'38"E with sold chamfer fora distance of 21.15 dedicated on this plat may be utilized by any person, including the feet to its terminus at the west ROW line of said Regency Drive from general public for ingress and egress to other real property,for both veh,cular and pedestrian use and access, in.along,upon and across access easements which a 1/2—inch steel rod found bears N 63-3/4' E a distance of the premises containing the a 0.76 feet; THENCE S 00' 25'40"E with the wet ROW line of said Regency Drive SrA'1'E'.OF TEXAS § fora distance of 354 71 feet to a 1/2—inch steel rod found for the southeast corner of Lot 2,Block D of the aforementioned plat; COUNTY OF COLON § THENCE S 89' 14'2.4"W w.th the south line of said Lot 2, Block D, at a distance of 347.23 feet pass a N—Inch steel rod found,and BEFORE ME,the undersigned,a Notary Public in and for said County AP ROVAL BLOCK continue a additional 0.17 feet fora total distance of 347 40 feet to and State on tYlis day personally appeared Wayne C.Terry,known to me the.southwest c ner of said Lot 2.Block D and being in the east w to be the person whose name is subscribed to the foregoing inewwo o zo q smm�:on Date ROW line of theoaforementioneG Spring well Parkway: and acknowledged to me that he executed the same for the purposes y y Te;:os and considerations therein expressed and in the capacity therein stated. THENCE N 00'25' 40'W with the east ROW line of said Springwell Moyer,Ply or Wyse,Teas Dote Parkway,fora distance of 369.71 feet to the POINT OF BEGINNING GNEN UNDER MY HAND AND SEAL OF OFFICE,this day of and containing 128.323 square feet or 2-946 acres of land. y y y r„„ Dote SURVEYOR'S CERTIFICATE The nnderstgned,the CI,secretory of the Gty of Wylie,'rexos hereby , 2021. thol the Zoue .and me r odai 7y of hNty e STATE OF TEXAS § Courta on e.. ,__..._ Council by forma,act,on tnen ond there accepted the dedication of COUNTY Of COLLIN § an shown and set form 0 and ppon sp.,P. au,thonzed the Mnyor to That I.Wayne C.Ten 61 y,a Registered Professional Land Surveyor,licensed by Notary Public for and in the State of Texasnot es narenoba,snl..v.nbau. "the occ.nt.re thereof by Ngs s name the State of Texas,do hereby offer,that 1 have prepared this plat from a found survey/o p me land and that MA super monuments shaven thereon were wltnedd n,y hand this daY of.__.....___......—_.AD_9.a.._..r found and/or properly placed under my supervision Wylie, O County, with the platting Hiles and regulations o,`the Gty of Wylie.COLLINefounty,Texas- My commission expires- y y ro.os WITNESS MY HAND AT COLON,TEXAS this the day of :Tn21 FINAL PLAT DE LOT 1R, BLOCK 1 y.N Teri ' REGENCY BUSINESS RA'gi SfRKd Professional NO l Land Surveyor .4184 PARK ADDITION, PHASE 2 BEING A REPLAI or'A REGENCY BUSINESS Logs AND 2, T o PARK ADDITION, PHASE 2 BEING A 2 946 ACRE TRACT OF LAND OUT OF WILLIAM SACHSE SURVEY, ABSTRACT NO. 835, a RE 5§ SPATOF 131536,,ILD COWN COUNTY, TEXAS -0C 1, NU.IN OWNER SURVEYOR RI ',.,G I1, L FARMERS ELECTRIC CoopINC " o 9 2000 F H 30 -,a. , i GREENVIILE,TEXAS75401 • t rax..rzlapano y PHONE-903 455-1715 E x c N F E NUL Piro,No.2991-21 November.2021 evtseua,�.otswm SHEET Z OF 24 12/14/2021 Item F. Wylie City Council CITY OF AGENDA REPORT Department: Planning Account Code: Prepared By: Jasen Haskins,AICP Subject Consider,and act upon,a Final Plat of Bariatric Care Center Addition,establishing one commercial lot on 20.01 acres,located at 801 South State Highway 78. Recommendation I otion to approve Item as presented. Discussion OWNER: Golden Ventures APPLICANT: Plat Concepts The applicant is proposing a final plat for one commercial lot on 20.01 acres. The property is located at 801 South State Highway 78. The property is zoned Community Retail. The purpose of the plat is to establish one commercial lot and plat the access and fire lane easements. The property was originally developed in 1983 but not platted. In 2002 additional development was proposed for the property and a final plat was approved in June 2002 but was not filed with Collin County. The current property owners,wishing to make improvements to and use the property,have submitted a final plat to bring the property into current legal standards. The plat generally conforms to the plat approved in 2002 with the addition of fire lanes and access easements. The plat is technically correct and abides by all aspects of the City of Wylie Subdivision Regulations. Approval is subject to additions and alterations as required by the City Engineering Department. For conditional approval or disapproval City Council must provide a written statement of the reasons to the applicant in accordance with Article 212, Section 212.0091 of the Texas Local Gov't Code. P&Z Commission Discussion The Commission voted 7-0 to recommend approval Financial Summary/Strategic Goals Planning Management 25 12/14/2021 Item F. kd 9WNFRc DEDICATIONii AOKN2WLFy16MFNT SURVEYOR gF¢nFlcnTE STATE OF TEXAS § KNOW n¢MEN BY THE PRESENTS. g / COUNTY of cou N 4 SE Ri WHEREAS.Golden H theowner of o tract of d t E. S THAT F.EBemenderfee Jr.do hereby certify that I prepare,.plat from an act,and . i o17recorded(N >, a of a 200.0 as Clerk Na. ty Lan Records,with said premises being more particularly accurate survey placed under my personal accordance with theSubdivuun Ora nonm I tpa@ described as follows of the City of Weu " BEGINNING at a point,r corner in the southeast ught-of-way 1,00 or State Highway 0, T f w y /a nwitnessSot y s E e (a variable h Anil' (W}i OS being g C ty ( V G V 5 2 f e Collin 1 ziortherly mogt corner of said 20 01 Rue;rod(3.the gorthgust corner of I ot I Bog,1 ,I,p"6"r MaRegister. na Lana i1 2,,2' 360' / ////1,�4�P..OINT of THENCE 'I t 'd 200 track d t t L I.. Soune for reference Rossini,'600 00 feet . Surveyor No aoSio 0 20" ///'BEGINNINGpassran - i 7.ga n i in southwest on as recorded Volume g g0ke Senior Care eto o Pochuo-Koch copped iron rod fog.for comer, 1 i t s a," THENCE f 200 2, w - ayr,ma i \ continuing for a total dulonce of 30g 00 feet to a poul meirkug the eastedy most southeast corner of Id SPATE OF TEXAS § ACKNOWLEDGEMENT 1� ' 0 COUNTY OF COLLN § �a� Volume C,Page 706 of the Calltn County Map Ruud, ;C 4 recordedENCE t f e 20.01 d thenorth f 49 t d Meadows o.2 Norm BEFORE ME t undersigned authority,a NotaryP to of Terns,o rm lU� W o 11r d A+,0A of a03' 730 5 z, the northwest comer this goyappeared F E. t6emmEafer, uLand Surveyor,known t t dacknowledgedov mbe the of Kk. e namn hose named° m eetoa se ��atea`° r r L \ saidCE with on east line of said 20 01 acre tract,and the west hne of sad Westwind Meadows No 2, g 3 T. e executed me came for me a es ` p R : makingnw 78 feet to a point .e '1 roa \ Meadows N 2. the southerly most southeast corner of said 20 01 acre tract and an ell corner of sad d cvEN UNDER My HAND AND SEAL o OFFICE.cos m _ r zMz. �� r .I. 4 w THENCE E and a north gge of said Reship.Meadows No a° r I c �,'h motnosrs 2z. r o n trod, iv pa ar J III I_Z f 'sY� rHENCE h r 200 t r 2 Sou03'59'03'West 2 74 feet to o 1,..('Ron rod found mogung an eg corner of so.20 01 ocre th st tabu and the 0 III�1'� f ' ,.,° , ee�rar.E 2010 s s c c v P T-14/ r s°"%. My0nnyso eP=ee, I ..� ' M1gT P95820" 9 5 t t l d? t d southeast e 1�I f I „,w, :. \, e .i corner,D - C 2 8 s ewtle under G G o. I I 2mBlootao 2 seso r Collin' c re nai r e t reeaaMFN�Fa mz.ae�e�re�vLt .�. 1 '' ub,°e°"`° east n o° � THENCE III \T toad to 5975Ef passing t h d to the of d 1 g for and th n line for / I I 1 \ thin distance - h northwest comer of e rChairman Planning Zoning& Comm ss an Bate \ o the east comer of said 12 481 acre tract,and being in utheast nght-of-way line of mentIoned Stole Highway 78, ill it, r,I t a!eTHEN right-of-way Highway eet to a to o point for corner, /' I41 111 _ ncM 17 Noos rth North S T f o bears South APPROVED FOR caySTRKCT ON ,rwevsu.om< /1/ h eo,o corm, TS3'60`East 0.6 feet, orb 51,713'East ROO 00 feet to a Pont o r.North 4509'06 East 2.]B U i/I G IaT0, `t� .m 0 T� Clerk A feet to a 0200osm0001122784 marking the a tzss a�tract n,ae,ded under r y y wyRe,Texas oat_ r I .N,wr THEN - - g hwa B,an with fine o� . /1/ v/��s $ uw oa a20.0i b.. 32156 b E S 27 eron rod r..for comer, common 566`ion o Mayor,¢[ I _mawi III nr 290e6ffe g e ALB m 11 g southeast fS Highway]8 a f 01 acre trod, THENCE hgth the i ntl a rwighwe t est line of sold 20 01 �I r I m g or and North ns0s a East 372.5 Beni°to line Duce�,E Highway iig and B71,6s6°�,10Te eet z0o1 0 Mayor atY o1 Wy-e,Tex. Date 1 �I I "� ' i;1 APPRowo AND nwuPTeo col I / ,In �,V g. I �i L__ / '� f OWNERS TPCnrE t Is hereby Don esa n accordance with section 2 tl B of the City of Wyk, nWne a I 11 r __ i- ¢ . o m'w STATE of TEXAS § wR z 1 f 1 aa6 . ° OUNTY OF L N § 5 6" Regulations(Ordinance No 2003 03J j 11 ., �. + Now THEREFORE KNOW ALL ME PRESENTS II I�. ��\\a- T Ir 4 IF � 3� rr � j--0 ghat Golden Harbor Ventures LP,acting herein by and through Ye n authorized officers,does hereby Dare it U NN 11 r III e l l a adopt this plat desunated therein above desortbed proper,as lot I.Block A Wulff,,core Center Addition, a III M 1 \ I I b sn m g$1 i e �\ uawow-xn 2 dedicated for Mreet purposes The easements ond public use areas,.shown,are deduated for the public fougoing fuel plat of Lot 1.n TheSecretoryRock 0 City of CM Wylie I d ouncil on the day of I _�11i / i'§ as or - t use forever fat the purpose,Rau,.on thu plot No buildinp,lonce,tr,E.,hrubs or othet Jrnprbvernent5 In the C accepted the dedication of `02. Council.submitted to the C C [ hs 4U 91aa — (landscapeutility ( r P easement,public places,and mate§a. t tleets,alley, suP d Y and said asCs further �1- alo Wii10M WAYe t thereofg `.no e_ o ae j h R / ( 1' by public utilities being subordinate to the public s ana City of WO.s use thereof subscribe, .. rla 9 9 Fa I ti l l ne " t0.Y e I f 1 / r a , �� , . - e , e Ihe City of Wylie and public utilities eritities shall have the right to remove ond keep TetnOved all Of parts f wines;my hond this day N0.,2021 , I 1 ony bull.,fences,trees,shrubs or other improvements or growths what-,may m any woy endanger or a 1 LI I F§N f t H 1 1 r' e,:1.... i n y q g c tr S ,y 2 Vn{ f tr or wN'e.ra..oe ' Litre Data Zab[e-DannAary T t--47V7K ''''' reading meters,and adding to or removing all or pelts oi thar iespective systems without the necessity at ,I a n unions o C o y ens approved 1 to a plattingordinances,rules. necc� / IWITNESS,my hond this the— day of 2021. 9.' 7/ ee d.,45,,osf 2.78 Golden Harbor Ventures L John Monte.(Manager) .Mon by metes'and tibounds ois no...bon ao n6KNOWI MUM§ or e veth ,tote w nod noes Line Data 7bbie-F'Vte Lane.@Areess F,'aaemen/ and.th g gas and building STATE of T P cons. Ir gEaw„s� p.1'11 AW PISEAtlOETEXAS § COUNTY of 6OUJN § Final Plat ��....... —.- eEOe E uha n and for me Stole of �O K BEN UNDER Mr HAND AND SEAL OF OFFICE,this the e came for purpose and w C herein BariatC ([idol Instrument ��B apeor. the Pew, o.names Texas,subscribed nt w he nr aceLot IockA is Care CenterA yTEh day of T e.E. Tga T 20.01 Cross Acres Kffe /Commercial Lot EC Pavldson Surr cp Abstrac t V o 267 Public in oncl nee sue OM,(7monument,(2)n The Notary of Teas a` City of Wylie,Collin County,leans . .,°' lies miter,o Speciol flood Hazard Area inundated Y co r Commission expires July 2021 Rate Maps tor Collin County.texas and Incorporated Areas dated Juno 2, - - ,d re a 2009(a) C .been Legend ,x Hn a x f 0 Sub,ect property is offected by any or e,1 oosuments of record Surveyor did e u` wnnww n, n d on the a, Roome sW - C Yeecontrol.,monumenrs CM 5 F.wlon rt,Sa Yl9 N2vp 84 _ S r I \OOI 1 Ili ilMli arum, b wow � 4,2 VICINITY MAP j e �p hand Su veying N.T.S. °m nun emen<e. 26 12/14/2021 Item G. Wylie City Council CITY OF AGENDA REPORT Department: Finance Account Code: Prepared By: Melissa Beard Subject Consider, and act upon,the City of Wylie Monthly Revenue and Expenditure Report for October 31,2021. Recommendation I otion to approve the Item as presented. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Financial Summary/Strategic Goals 27 12/14/2021 Item G. CITY OF WYLIE MONTHLY FINANCIAL REPORT October 31,2021 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 8.33% ACCOUNT DESCRIPTION 2021-2022 2021-2022 2021-2022 OF BUDGET GENERAL FUND REVENUE SUMMARY TAXES 35,752,468 496,793 496,793 1.39% A FRANCHISE FEES 2,896,800 0 0 0.00% B LICENSES AND PERMITS 1,079,430 153,331 153,331 14.20% C INTERGOVERNMENTAL REV. 2,128,034 4,616 4,616 0.22% D SERVICE FEES 4,008,588 33,197 33,197 0.83% E COURT FEES 248,950 30,447 30,447 12.23% F INTEREST INCOME 25,000 1,566 1,566 6.26% MISCELLANEOUS INCOME 177,500 505 505 0.28% OTHER FINANCING SOURCES 2,488,645 5,473,858 5,473,858 219.95% G REVENUES 48,805,415 6,194,313 6,194,312 12.69% USE OF FUND BALANCE 0 0 0 0.00% USE OF CARRY-FORWARD FUNDS 1,432,653 NA NA NA H TOTAL REVENUES 50,238,068 6,194,313 6,194,312 12.33% GENERAL FUND EXPENDITURE SUMMARY CITY COUNCIL 97,257 2,208 2,208 2.27% CITY MANAGER 1,514,527 352,892 352,892 23.30% CITY SECRETARY 386,976 26,176 26,176 6.76% CITY ATTORNEY 170,000 0 0 0.00% FINANCE 1,282,361 43,898 43,898 3.42% FACILITIES 981,013 15,176 15,176 1.55% MUNICIPAL COURT 553,517 21,387 21,387 3.86% HUMAN RESOURCES 677,753 32,225 32,225 4.75% PURCHASING 295,653 9,884 9,884 3.34% INFORMATION TECHNOLOGY 2,017,615 433,822 433,822 21.50% J POLICE 11,544,468 558,409 558,409 4.84% FIRE 11,314,796 630,685 630,685 5.57% EMERGENCY COMMUNICATIONS 1,986,310 67,447 67,447 3.40% ANIMAL CONTROL 603,944 24,812 24,812 4.11% PLANNING 323,024 15,099 15,099 4.67% BUILDING INSPECTION 591,600 27,975 27,975 4.73% CODE ENFORCEMENT 259,057 10,682 10,682 4.12% STREETS 5,116,182 249,198 249,198 4.87% PARKS 2,871,985 107,171 107,171 3.73% LIBRARY 2,157,626 102,484 102,484 4.75% COMBINED SERVICES 12,156,474 6,615,741 6,615,741 54.42% K TOTAL EXPENDITURES 56,902,138 9,347,370 9,347,370 16.43% REVENUES OVER/(UNDER)EXPENDITURES -6,664,070 -3,153,057 -3,153,058 -4.10% A.Property Tax Collections for FY21-22 as of October 31,2021 are 1.77%,in comparison to FY20-21 for the same time period of 1.56%. Sales tax is on a 2 month lag and has not been received yet. B.Franchise Fees:The majority of franchise fees are recognized in the third and fourth quarter with electric fees making up the majority. C.Licenses and Permits: New Dwelling Permits are up 300%from October 2021 due to the new fee structure. D.Intergovernmental Rev: The majority of intergovernmental revenues come from WISD reimbursements and Fire Services which are billed quarterly. E.Service Fees:Trash fees billed in October are applicable towards FY 2020-21 revenue with the remaining fees coming from other seasonal fees. F.Court Fees are up 98%from October 2021 which is a continuation of the increasing trend in fines. G.Yearly transfer from Utility Fund and$3 million from sale of 802 Kirby. H.Largest Carry Forward items:Department Software Solution$220,870,Rowlett Creek Dam Improvements$110,000.Stone Road Rehab Project$615,000 I.City Manager severance payment J.Annual maintenance agreements K.$6.2 million transfer to Community Investment Fund. 28 12/14/2021 Item G. CITY OF WYLIE MONTHLY FINANCIAL REPORT October 31,2021 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 8.33% ACCOUNT DESCRIPTION 2021-2022 2021-2022 2021-2022 OF BUDGET UTILITY FUND REVENUES SUMMARY SERVICE FEES 25,091,934 59,954 59,954 0.24% L INTEREST INCOME 8,500 853 853 10.04% MISCELLANEOUS INCOME 70,000 1,295 1,295 1.85% OTHER FINANCING SOURCES 0 0 0 0.00% REVENUES 25,170,434 62,102 62,102 0.25% USE OF FUND BALANCE 0 NA 0 0 USE OF CARRY-FORWARD FUNDS 2,758,010 NA NA NA M TOTAL REVENUES 27,928,444 NA 62,102 0.22% UTILITY FUND EXPENDITURE SUMMARY UTILITY ADMINISTRATION 1,257,149 61,088 61,088 4.86% UTILITIES-WATER 4,242,567 62,319 62,319 1.47% UTILITIES-SEWER 1,285,043 64,217 64,217 5.00% UTILITY BILLING 1,294,227 55,768 55,768 4.31% COMBINED SERVICES 15,945,637 4,136,772 4,136,772 25.94% N TOTAL EXPENDITURES 24,024,623 4,380,164 4,380,165 18.23% REVENUES OVER/(UNDER)EXPENDITURES 3,903,821 -4,318,061 -4,318,063 -18.01% L.Most Utility Fund Revenue billed in October was applicable to FY 2020-21. M.Largest Carry Forward items: Department Software Solutions$150,300,Pump Station Backup Generators$1.8M and FM 2514 Waterline Relocation Construction$625,000. N.Annual transfer to the General Fund of$2.4 million. Other expenses are payments to NTMWD for water minimum and sewer treatment. 29 12/14/2021 Item H. Wylie City Council CITY OF AGENDA REPORT Department: Finance Account Code: Prepared By: Melissa Beard Subject Consider, and place on file,the City of Wylie Monthly Investment Report for October 31,2021. Recommendation I otion to approve the Item as presented. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Financial Summary/Strategic Goals 30 12/14/2021 Item H. 2021-2022 Investment Report October 31,2021 Money Market Accounts: MMA Certificates of Deposit: CCD Treasury Bills: T Bills Treasury Notes: T-Notes Government Agency Notes: AN Invest. Principal Type Of Interest Purchase Maturity Number Amount Security Rate Issuer Date Date 1 $15,401,522.46 MMA 0.0354% Texpool 12/31/2006 NA 2 $15,948,385.72 MMA 0.0100% TexStar - 3/15/2011 NA $31,349,908.18 Total Weighted Average Coupon: 0.0225% Money Markets: $31,349,908.18 Weighted Average Maturity(Days): 1.00 Certificates of Deposits: $0.00 $31,349,908.18 Weighted Average Coupon 0.25% 0.20% 0.15% 0.10% 0.05% 0.00% Oct 2020 Nov 2020 Dec 2020 Jan 2021 Feb 2021 Mar 2021 April 2021 May 2021 June 2021 July 2021 Aug 2021 Sep 2021 Oct 2021 Fir%ance Director/Investment Officer 31 12/14/2021 Item I. Wylie City Council CITY OF AGENDA REPORT Department: WEDC Account Code: Prepared By: Jason Greiner Subject Consider,and place on file,the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of October 31, 2021. Recommendation Motion to approve the Item as presented. Discussion The Wylie Economic Development Corporation (WEDC)Board of Directors approved the attached financials on November 17, 2021. Financial Summary/Strategic Goals 32 12/14/2021 Item I. October Rev/Exp Report Account Summary For Fiscal: 2021-2022 Period Ending: 10/31/2021 Variance Original Current Period Fiscal Favorable Percent Total Budget Total Budget Activity Activity (Unfavorable) Remaining Fund:111-WYLIE ECONOMIC DEVEL CORP Revenue 111-4t 00-40210 SALES TAX 3,789,966.00 3,789,966.00 0.00 0.00 -3,789,966.00 100.00% 111-4000 46110 ALLOCATED INTEREST EARNINGS 6,000.00 6,000.00 219.69 219.69 -5,780.31 96.34% 111-4000-48 L10 RENTAL INCOME 132,240.00 132,240.00 7,235.00 7,235.00 -125,005.00 94.53% 111-4000-48410 MISCELLANEOUS INCOME 0.00 0.00 9.96 9.96 9.96 0.00% 111 4000-48430 GAIN/(LOSS)SALE OF CAP ASSETS 2,601,116.00 2,601,116.00 0.00 0.00 -2,601,116.00 100.00% 11.1-4000 49325 BANK NOTE PROCEEDS 0.00 0.00 8,108,000.00 8,108,000.00 8,108,000.00 0.00% Revenue Total: 6,529,322.00 6,529,322.00 8,115,464.65 8,115,464.65 1,586,142.65 24.29% Expense 111-5611-51110 SALARIES 286,558.00 286,558.00 11,318.76 11,318.76 275,239.24 96.05% 11:1-561.1-51.140 LONGEVITY PAY 729.00 729.00 0.00 0.00 729.00 100.00% 111-5611-51.31L1 TMRS 44,530.00 44,530.00 1,754.40 1,754.40 42,775.60 96.06% 11.1-561.1-514.10 HOSPITAL&LIFE INSURANCE 49,304.00 49,304.00 3,129.42 3,129.42 46,174.58 93.65% 11.1-.5611-5 L420 LONG-TERM DISABILITY 1,707.00 1,707.00 0.00 0.00 1,707.00 100.00% 11.1-5611-51440 FICA 18,623.00 18,623.00 626.10 626.10 17,996.90 96.64% 11.1-5611.,51.450 MEDICARE 4,355.00 4,355.00 146.42 146.42 4,208.58 96.64% 111-561.1-51470 WORKERS COMP PREMIUM 378.00 378.00 351.92 351.92 26.08 6.90% 111-5611-51480 UNEMPLOYMENT COMP(TWC) 1,080.00 1,080.00 0.00 0.00 1,080.00 100.00% 11.1-5611-52010 OFFICE SUPPLIES 5,000.00 5,000.00 50.00 50.00 4,950.00 99.00% 11.1-5611-52040 POSTAGE&FREIGHT 300.00 300.00 0.00 0.00 300.00 100.00% 11.1-5611-52810 FOOD SUPPLIES 6,100.00 6,100.00 724.31 724.31 5,375.69 88.13% 11.1-5611-54610 FURNITURE&FIXTURES 2,500.00 2,500.00 0.00 0.00 2,500.00 100.00% 11.1-5611-54810 COMPUTER HARD/SOFTWARE 5,500.00 5,500.00 0.00 0.00 5,500.00 100.00% 11.1-5611-56030 INCENTIVES 1,043,973.00 1,043,973.00 0.00 0.00 1,043,973.00 100.00% 11.1-5611-56040 SPECIAL SERVICES 118,156.00 118,156.00 113,602.74 113,602.74 4,553.26 3.85% 11.1-5611-56080 ADVERTISING 129,100.00 129,100.00 4,800.00 4,800.00 124,300.00 96.28% 11.1-5611-56090 COMMUNITY DEVELOPMENT 52,050.00 52,050.00 0.00 0.00 52,050.00 100.00% 11.1-5611-561.10 COMMUNICATIONS 6,400.00 6,400.00 0.00 0.00 6,400.00 100.00% 11.1-561.1-561.80 RENTAL 27,000.00 27,000.00 2,250.00 2,250.00 24,750.00 91.67% 11.1-5611-562.10 TRAVEL&TRAINING 74,600.00 74,600.00 752.55 752.55 73,847.45 98.99% 11.1-561.1-56250 DUES&SUBSCRIPTIONS 39,810.00 39,810.00 10,981.23 10,981.23 28,828.77 72.42% 11.1-5611-5631i INSURANCE 6,303.00 6,303.00 5,155.01 5,155.01 1,147.99 18.21% 11.1-5611-56510 AUDIT&LEGAL SERVICES 33,000.00 33,000.00 0.00 0.00 33,000.00 100.00% 11.1-5611-56570 ENGINEERING/ARCHITECTURAL 87,500.00 87,500.00 0.00 0.00 87,500.00 100.00% 11.1-5611-56610 UTILITIES-ELECTRIC 2,400.00 2,400.00 0.00 0.00 2,400.00 100.00% 11.1-5611-57410 PRINCIPAL PAYMENT 694,127.33 694,127.33 4,711,577.72 4,711,577.72 -4,017,450.39 -578.78% 11.1-5611-5741.`5 INTEREST EXPENSE 315,135.79 315,135.79 11,969.46 11,969.46 303,166.33 96.20% 11.1-5611-58 L10 LAND-PURCHASE PRICE 0.00 0.00 3,238,392.59 3,238,392.59 -3,238,392.59 0.00% 11.1-561.1-58210 STREETS&ALLEYS 2,175,000.00 2,175,000.00 0.00 0.00 2,175,000.00 100.00% 11.1-5611-58'_95 CONTRA CAPITAL OUTLAY 0.00 0.00 -3,238,392.59 -3,238,392.59 3,238,392.59 0.00% Expense Total: 5,231,219.12 5,231,219.12 4,879,190.04 4,879,190.04 352,029.08 6.73% Fund:111-WYLIE ECONOMIC DEVEL CORP Surplus(Deficit): 1,298,102.88 1,298,102.88 3,236,274.61 3,236,274.61 1,938,171.73 -149.31% Fund:922-GEN LONG TERM DEBT(WEDC) Revenue 22-4000- 932.5 BANK NOTE PROCEEDS 0.00 0.00 -8,108,000.00 -8,108,000.00 -8,108,000.00 0.00% Revenue Total: 0.00 0.00 -8,108,000.00 -8,108,000.00 -8,108,000.00 0.00% 11/13/2021 k 16:€J3 PM Page 1 of 4 33 12/14/2021 Item I. Budget Report For Fiscal:2021-2022 Period Ending:10/31/2021 Variance Original Current Period Fiscal Favorable Percent Total Budget Total Budget Activity Activity (Unfavorable) Remaining Expense 922-5611-57410 PRINCIPAL PAYMENT 0.00 0.00 -4,711,577.72 -4,711,577.72 4,711,577.72 0.00 Expense Total: 0.00 0.00 -4,711,577.72 -4,711,577.72 4,711,577.72 0.00% Fund:922-GEN LONG TERM DEBT(WEDC)Surplus(Deficit): 0.00 0.00 -3,396,422.28 -3,396,422.28 -3,396,422.28 0.00% Report Surplus(Deficit): 1,298,102.88 1,298,102.88 -160,147.67 -160,147.67 -1,458,250.55 112.34% 1.1/12/2021 3 3b:€3 PM Page?of a 34 12/14/2021 Item I. Budget Report For Fiscal:2021-2022 Period Ending:10/31/2021 Group Summary Variance Original Current Period Fiscal Favorable Percent Account Typ... Total Budget Total Budget Activity Activity (Unfavorable) Remaining Fund:111-WYLIE ECONOMIC DEVEL CORP Revenue 6,529,322.00 6,529,322.00 8,115,464.65 8,115,464.65 1,586,142.65 24.29% Expense 5,231,219.12 5,231,219.12 4,879,190.04 4,879,190.04 352,029.08 6.73% Fund:111-WYLIE ECONOMIC DEVEL CORP Surplus(Deficit): 1,298,102.88 1,298,102.88 3,236,274.61 3,236,274.61 1,938,171.73 -149.31% Fund:922-GEN LONG TERM DEBT(WEDC) Revenue 0.00 0.00 -8,108,000.00 -8,108,000.00 -8,108,000.00 0.00% Expense 0.00 0.00 -4,711,577.72 -4,711,577.72 4,711,577.72 0.00% Fund:922-GEN LONG TERM DEBT(WEDC)Surplus(Deficit): 0.00 0.00 -3,396,422.28 -3,396,422.28 -3,396,422.28 0.00% Report Surplus(Deficit): 1,298,102.88 1,298,102.88 -160,147.67 -160,147.67 -1,458,250.5E 112.34% 1.1/12/0021 , 3b:03 PM Page 3 of 4 35 12/14/2021 Item I. Budget Report For Fiscal:2021-2022 Period Ending:10/31/2021 Fund Summary Variance Original Current Period Fiscal Favorable Fund Total Budget Total Budget Activity Activity (Unfavorable) 111-WYLIE ECONOMIC DEVEL COR 1,298,102.88 1,298,102.88 3,236,274.61 3,236,274.61 1,938,171.73 922-GEN LONG TERM DEBT(WED( 0.00 0.00 -3,396,422.28 -3,396,422.28 -3,396,422.28 Report Surplus(Deficit): 1,298,102.88 1,298,102.88 -160,147.67 -160,147.67 -1,458,250.55 11/12/2021 3b 0 t PM Page 4014 36 12/14/2021 Item I. Wylie Economic Development Corporation Statement of Net Position As of October 31, 2021 Assets Cash and cash equivalents $ 3,220,074.42 Receivables $ 60,000.00 Note 1 Inventories $ 15,673,662.29 Prepaid Items $ - Total Assets $ 18,953,736.71 Deferred Outflows of Resources Pensions $ 95,608.55 Total deferred outflows of resources $ 95,608.55 Liabilities Accounts Payable and other current liabilities $ 5,330.91 Unearned Revenue $ 1,200.00 Note 2 Non current liabilities: Due within one year $ 289,338.66 Note 3 Due in more than one year $ 8,239,923.64 Total Liabilities $ 8,535,793.21 Deferred Inflows of Resources Pensions $ (47,711.41) Total deferred inflows of resources $ (47,711.41) Net Position Net investment in capital assets $ - Unrestricted $ 10,465,840.64 Total Net Position $ 10,465,840.64 Note 1: Includes incentives in the form of forgivable loans for$60,000(LUV-ROS) Note 2: Deposits from rental property Note 3: Liabilities due within one year includes compensated absences of$20,727 37 12/14/2021 Item I. VVYLI E ECONOMiC October Balance Sheet DEVELOPMEi Account Summary As Of 10/31/2021 Account Name Balance Fund:111-WYLIE ECONOMIC DEVEL CORP Assets 1,;1,,F,m,,;,q.00,;30-1t0 CLAIM ON CASH AND CASH EQUIV. 3,218,074.42 111-1000-1.0115 CASH-WEDC-INWOOD 0.00 11.1 1000-1013,5 ESCROW 0.00 111-100040.111 DEPOSITS 2,000.00 1114000-10198 OTHER-MISC CLEARING 0.00 111-100040341. TEXPOOL 0.00 111-1000-10343 LOGIC 0.00 111-1000-1.0481 INTEREST RECEIVABLE 0.00 111-1000-11.511 ACCTS REC-MISC 0,00 1.1-1000-1'1 517 ACCTS REC-SALES TAX 0.00 111400042810 LEASE PAYMENTS RECEIVABLE 0.00 111-1000-12950 LOAN PROCEEDS RECEIVABLE 0.00 1. 1 1000 1:2996 LOAN RECEIVABLE 0.00 1.11-1000-1.2997 ACCTS REC-JTM TECH 0.00 1114000-12998 ACCTS REC-FORGIVEABLE LOANS 60,000.00 111-101014112 INVENTORY-MATERIAL/SUPPLY 0.00 111-1000-14116 INVENTORY-LAND&BUILDINGS 15,673,662.29 111-1000-14118 INVENTORY-BAYCO/SANDEN BLVD 0.00 111-1p9044310 PREPAID EXPENSES-MISC 0.00 1111.00044410 DEFERRED OUTFLOWS 453,367.00 Total Assets: 19,407,103.71 19,407,103.71 Liability 111-2000-20110 FEDERAL INCOME TAX PAYABLE 0.00 111-2000-20111 MEDICARE PAYABLE 0.00 111-2000-20112 CHILD SUPPORT PAYABLE 0.00 111-2000-20113 CREDIT UNION PAYABLE 0.00 111-2 000-20 114 IRS LEVY PAYABLE 0.00 1.11-20(70-20115 NATIONWIDE DEFERRED COMP 0.00 1,11-2000-201.16 HEALTH INSUR PAY-EMPLOYEE 4,331.62 111-2 000-2011 7 TMRS PAYABLE 0.00 111-2000-20118 ROTH IRA PAYABLE 0.00 111-2000-20119 WORKERS COMP PAYABLE 0.00 111 2 000-2 01.20 FICA PAYABLE 0.00 111-2000-20121 TEC PAYABLE 0.00 1:11-•2000-20122 STUDENT LOAN LEVY PAYABLE 0.00 111-2000-20123 ALIMONY PAYABLE 0.00 111-2000-20124 BANKRUPTCY PAYABLE 0.00 111-2000-20125 VALIC DEFERRED COMP 0.00 111-2000-20126 ICMA PAYABLE 0.00 1112000-20127 EMP.LEGAL SERVICES PAYABLE 0.00 111-2000-20130 FLEXIBLE SPENDING ACCOUNT 812.48 111-2000-20131 EDWARD JONES DEFERRED COMP 0.00 1_11-2000-20132 EMP CARE FLITE 12.00 111-2000-20133 Unemployment Comp Payable 0.00 111.-2000-20151 ACCRUED WAGES PAYABLE 0.00 111-2000-20180 ADDIT EMPLOYEE INSUR PAY 88.56 111 2000-20:199 MISC PAYROLL PAYABLE 0.00 111-.2000-20201 AP PENDING 0.00 111-2Q_00-202:t0 ACCOUNTS PAYABLE 86.25 111-2000-2053C) PROPERTY TAXES PAYABLE 0.00 111-2000-20540 NOTES PAYABLE 453,367.00 111-2000-20810 DUE TO GENERAL FUND 0.00 1.1/15/2021 2:35:33 PN1 PGigc 1 uY 38 12/14/2021 Item I. Balance Sheet As Of 10/31/2021 Account Name Balance 111 2000-222711 DEFERRED INFLOW 0.00 2noo 22275 DEF INFLOW-LEASE PRINCIPAL 0.00 111 2000 22 Z80 DEFERRED INFLOW-LEASE INT 0.00 111 2000 22915 RENTAL DEPOSITS 1,200.00 Total Liability: 459,897.91 Equity 111 300C)34110 FUND BALANCE-RESERVED 0.00 111 3000 34000 FUND BALANCE-UNRESERV/UNDESIG 15,710,931 19 Total Beginning Equity: 15,710,931.19 Total Revenue 8,115,464.65 Total Expense 4,879,190.04 Revenues Over/Under Expenses 3,236,274.61 Total Equity and Current Surplus(Deficit): 18,947,205.80 Total Liabilities,Equity and Current Surplus(Deficit): 19,407,103.71 39 12/14/2021 Item I. Balance Sheet As Of 10/31/2021 Account Name Balance Fund:922-GEN LONG TERM DEBT(WEDC) Assets 922.1000-10312 GOVERNMENT NOTES 0.00 922-1000-1.8110 LOAN-WEDC 0.00 922-1000-18120 LOAN-BIRMINGHAM 0.00 9 2 2-1000-18 2 1 0 AMOUNT TO BE PROVIDED 0.00 922-1000-18220 BIRMINGHAM LOAN 0.00 922-1000-19050 DEF OUTFLOW TMRS CONTRIBUTIONS 37,997.29 922-1000-190.51 DEF OUTFLOW SDBF CONTRIBUTIONS 1,800,00 922-1000-19075 DEF OUTFLOW-INVESTMENT EXP 0.48 92231.000-19100 DEF OUTFLOW-ACT EXP/ASSUMP 55,810,78 922-1000-19125 (GAIN)/LOSS ON ASSUMPTION CHGS -46,839.41 922-1010-10126 DEF INFLOW SDBF CONTRIBUTIONS -872.00 Total Assets: 47,897.14 47,897.14 Liability 922-2.000-20310 COMPENSATED ABSENCES PAYABLE 11,572.98 922-2000-20311 COMP ABSENCES PAYABLE-CURRENT 20,727.84 922-2000-21410 ACCRUED INTEREST PAYABLE 9,604.44 922-2000-28205 WEDC LOANS/CURRENT -2,456.02 92.2-2000-28220 BIRMINGHAM LOAN 0.00 922-2000-2823C) INWOOD LOAN 0.00 922-2000-28232 ANB LOAN/EDGE 0.00 922-2000-28233 ANB LOAN/PEDDICORD WHITE 0.00 922-2000-28234 ANB LOAN/RANDACK HUGHES 0.00 922-2000-28235 ANB LOAN 0.00 922.2000-282 36 ANB CONSTRUCTION LOAN 0.00 92.2-2000-28237 ANB LOAN/WOODBRIDGE PARKWAY 0.00 922.2000-2E238 ANB LOAN/BUCHANAN 0.00 922-2000-28239 ANB LOAN/JONES:HOBART PAYOFF 0.00 922-2000-28240 HUGHES LOAN 0,00 92.2-2000-28242 ANB LOAN/HWY 78:5TH ST REDEV 0.00 000-28245 ANB LOAN/DALLAS WHIRLPOOL 0.00 922-2000-282.46 GOVCAP LOAN/KIRBY 8,108,000.00 922-2000--28247 JARRARD LOAN 174,168.89 922-2000-28250 CITY OF WYLIE LOAN 0.00 922-2000-28260 PRIME KUTS LOAN 0.00 922-2000-28270 BOWLAND/ANDERSON LOAN 0.00 9/2,-2000--282SQ CAPITAL ONE CAZAD LOAN 0.00 922-2000-282.90 HOBART/COMMERCE LOAN 0.00 922-2000-29150 NET PENSION LIABILITY 199,184,17 922-2000-29151 SDBF LIABILITY 8,460.00 Total Liability: 8,529,262.30 Equity 922-3000-:.34590 FUND BALANCE-UNRESERV/UNDESIG -4,964,678.88 92 2-3000-359 00 UNRESTRICTED NET POSITION -120,264.00 Total Beginning Equity: -5,084,942.88 Total Revenue -8,108,000.00 Total Expense -4,711,577.72 Revenues Over/Under Expenses -3,396,422.28 Total Equity and Current Surplus(Deficit): -8,481,365.16 Total Liabilities,Equity and Current Surplus(Deficit): 47,897.14 /15/2021. 2:35:33 PM f:+ q,3 vr' 40 12/14/2021 Item I. Wylie Economic Development Corporation SALES TAX REPORT October 31, 2021 BUDGETED YEAR DIFF % DIFF MONTH FY 2018 FY 2019 FY 2020 FY 2021 20 vs.21 20 vs.21 DECEMBER $ 184,848.59 $ 214,867.15 $ 226,663.94 $ 235,381.33 $ 8,717.39 3.85% JANUARY $ 191,895.71 $ 223,749.61 $ 218,520.22 $ 262,263.52 $ 43,743.30 20.02% FEBRUARY $ 275,667.83 $ 307,366.66 $ 362,129.18 $ 456,571.35 $ 94,442.17 26.08% MARCH $ 182,852.50 $ 208,222.32 $ 228,091.34 $ 257,187.91 $ 29,096.57 12.76% APRIL $ 163,484.89 $ 182,499.53 $ 203,895.57 $ 221,881.55 $ 17,985.98 8.82% MAY $ 203,707.17 $ 274,299.18 $ 289,224.35 $ 400,371.70 $ 111,147.35 38.43% JUNE $ 199,412.29 $ 234,173.88 $ 239,340.35 $ 290,586.92 $ 51,246.57 21.41% JULY $ 213,976.64 $ 215,107.94 $ 296,954.00 $ 314,559.10 $ 17,605.10 5.93% AUGUST $ 249,589.63 $ 283,602.93 $ 325,104.34 $ 390,790.76 $ 65,686.42 20.20% SEPTEMBER $ 213,425.79 $ 243,048.40 $ 259,257.89 $ 307,681.15 $ 48,423.26 18.68% OCTOBER $ 210,701.71 $ 224,875.38 $ 249,357.02 $ 326,382.38 $ 77,025.36 30.89% NOVEMBER $ 273,196.62 $ 308,324.41 $ 384,953.89 Sub-Total $ 2,562,759.35 $ 2,920,137.37 $ 3,283,492.09 $ 3,463,657.66 $ 565,119.45 17.62% Total $ 2,562,759.35 $ 2,920,137.37 $ 3,283,492.09 $ 3,463,657.66 $ 565,119.45 17.62% WEDC Sales Tax Analysis $500,000 $450,000 $400,000 $350,000 $300,000 $250,000 2020 $200,000 a 2021 $150,000 $100,000 $50,000 $0 ��G��{P ,a,a ��,o'c �'A� P� C'ssa �`� �40 �.Cr°C' G�a°p �Q��.`P` P """Sales Tax collections typically take 2 months to be reflected as Revenue. SlsTx receipts are then accrued back 2 months. Example:October SlsTx Revenue is actually August SlsTx and is therefore the 11 th allocation in FY21. 41 12/14/2021 Item J. Wylie City Council CITY OF AGENDA REPORT Department: WEDC Account Code: 111-5611 Prepared By: Jason Greiner Subject Consider, and act upon, Ordinance No. 2021-56 amending Ordinance No. 2021-43, which established the budget for fiscal ear 2021-2022; providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. Recommendation I otion to approve Item as presented. Discussion The WEDC amendments detailed below adjust the budget to account for items that were either anticipated to occur in FY 20- 21 but were delayed or need to be amended following receipt of loan proceeds and subsequent real estate transactions from the Series 2021 Note. These amendments were approved by the WEDC Board on November 17,2021 and are now presented for Council approval. Revenues 111-4000-49325 Bank Note Proceeds Receipt of Loan Proceeds: $8,108,000.00 (Of these proceeds, $3,217,638.94 are realized and$4,890,361.06 were used to pay off existing loans.) Expenses 111-5611-56040 Special Services Loan Initiation Costs: $ 108,000.00 Demolition Costs: $ 71,000.00 111-5611-57410 Principal Payment Payoff of 78/Brown loan: $4,110,003.45 Payoff of Whirlpool loan: $ 661,041.28 Reimbursement from ANB: ($ 61,923.03) 111-5611-57415 Interest Payment Payoff of 78/Brown Loan$ 10,390.78 Payoff of Whirlpool Loan $ 925.55 111-5611-58110 Land-Purchase Price 802 W. Kirby $ 3,000,441.20 401 N. Keefer $ 237,951.39 104 S. Ballard $ 480,000.00 42 12/14/2021 Item J. 111-5611-58210 Streets &Alleys Ca1Har-FM 544 Waterline $ 250,000.00 Financial Summary/Strategic Goals 43 12/14/2021 Item J. ORDINANCE NO. 2021-56 AN ORDINANCE OF THE CITY OF WYLIE,TEXAS,AMENDING ORDINANCE NO. 2021-43, WHICH ESTABLISHED THE BUDGET FOR FISCAL YEAR 2021- 2022; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the City Council heretofore adopted Ordinance No. 2021-43 setting forth the Budget for Fiscal Year 2021-2022 beginning October 1,2021,and ending September 30, 2022; and, WHEREAS, the City Departments and Divisions routinely review their budget appropriations to determine if any changes are necessary; and WHEREAS,based upon said review the City staff now recommends that certain amendments to the Budget be considered by the City Council; see Exhibit A; and, WHEREAS,the City Council has the authority to make amendments to the City Budget under Article VII, Section 4 of the City Charter, as well as State law; and, WHEREAS, the City Council has determined that the proposed amendments to the FY 2021-2022 Budget; see Exhibit A, with the revenues and expenditures therein contained, is in the best interest of the City; and therefore, desires to adopt the same by formal action. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WYLIE, TEXAS: SECTION I: The proposed amendments to the FY 2021-2022 Budget of the City of Wylie; Exhibit A, as heretofore adopted by Ordinance No. 2021-56, are completely adopted and approved as amendments to the said FY 2021-2022 Budget. SECTION II: All portions of the existing FY 2021-2022 Budget and Ordinance No. 2021-43, except as specifically herein amended, shall remain in full force and effect, and not be otherwise affected by the adoption of the amendatory ordinance. SECTION III: Should any paragraph, sentence, sub-division, 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 or parts as declared to be invalid,illegal, or unconstitutional. SECTION IV: 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 V: That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION VI: The repeal of any ordinance, or parts thereof, by the enactment of the 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, Ordinance No.2021-56—WEDC Budget Amendment FY 2021-2022 Page 1 of 2 44 12/14/2021 Item J. nor as affecting any rights of the municipality under any section or provision 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 14th day of December,2021. Matthew Porter, Mayor ATTEST: Stephanie Storm, City Secretary Ordinance No.2021-56—WEDC Budget Amendment FY 2021-2022 Page 2 of 2 45 12/14/2021 Item J. Budget Amendment Exhibit A WEDC Fund Department Account Number Account Description Debit Credit Project Name 111 4000 49325 Bank Note Proceeds 8,108,000.00 Recognize receipt of Bank Note proceeds 111 5611 56040 Special Services 108,000.00 Loan Initiation Costs 111 5611 56040 Special Services 71,000.00 Demolition Costs 111 5611 57410 Principal Payment 4,110,003.45 Payoff of 78/Brown loan 111 5611 57410 Principal Payment 661,041.28 Payoff of Whirlpool loan 111 5611 57410 Principal Payment 61,923.03 Reimbursement from ANB 111 5611 57415 Interest Payment 10,390.78 Payoff of 78/Brown loan 111 5611 57415 Interest Payment 925.55 Payoff of Whirlpool loan 111 5611 58110 Land Purchase Price 3,000,441.20 802 W.Kirby 111 5611 58110 Land Purchase Price 237,951.39 401 N.Keefer 111 5611 58110 Land Purchase Price 480,000.00 104 S.Ballard 111 5611 58210 Streets&Alleys 250,000.00 CalHar FM 544 Waterline Fund 111 8,929,753.65 8,169,923.03 46 12/14/2021 Item K. Wylie City Council CITY OF AGENDA REPORT Department: Purchasing Account Code: 121-5622-58150 Prepared By: Glenna Hayes Subject Consider, and act upon, the approval of the purchase of a parking lot lighting system for the Wylie Senior Center and Community Park from Musco Sports Lighting,LLC in the estimated amount of$124,333.00 through a cooperative purchasing contract with Buy Board Cooperative Purchasing (#592-19), and authorizing the Interim City Manager to execute any ecessary documents. Recommendation I otion to approve Item as presented. Discussion Community Park was updated in 2012 from bond funds approved in 2005. Those improvements did not include parking lot lighting for the improved concrete parking as part of the project. The additional parking for the Wylie Senior Recreation Center also did not include parking lot lighting as part of that project. Due to the high patron use of both Community Park and the Wylie Senior Recreation Center, staff proposed to add parking lot lighting as part of a Parks Acquisition and Improvement Fund budget request for FY2022 to improve safety and security for park and senior center patrons. Staff recommends the purchase of a parking lot lighting system for the Wylie Senior Center and Community Park from Musco Sport Lighting, LLC as providing the best overall value for the City. The City is authorized to purchase from a cooperative purchasing program with another local government or a local cooperative organization pursuant to Chapter 791 of the Texas Government Code and Section 271 Subchapter F of the Local Government Code; and by doing so satisfies any State Law requiring local governments to seek competitive bids for items. Wylie Agreement#W2022-34-I/Buy Board#592-19 Financial Summary/Strategic Goals This item meets the Strategic Infrastructure goal. 47 12/14/2021 Item L. Wylie City Council CITY OF AGENDA REPORT Department: Public Works Account Code: 100-5411-54210 Prepared By: Glenna Hayes Subject Consider, and act upon, the approval of the purchase of Pavement Resurfacing Services from Reynolds Asphalt and Construction Company in the estimated annual amount of$1,100,000.00 through an existing City of Grand Prairie, Texas contract and authorizing the Interim City Manager to execute any necessary documents. Recommendation Motion to approve Item as presented. Discussion Staff recommends the purchase of pavement resurfacing services from Reynolds Asphalt and Construction Company through the use of an interlocal purchasing agreement with the City of Grand Prairie, thereby establishing a City of Wylie annual contract with renewals (W2022-36-I Asphalt Paving Services). The City of Grand Prairie contract#21157 was awarded by the City of Grand Prairie City Council on August 3, 2021 for an initial term of one year(8/17/2021 — 8/16/2022) with four additional annual renewals in the estimated amount of$4.3 million. This contract provides turn-key services for hot mix asphalt paving,milling,hauling,recycling, and various other paving services; and is utilized by the City for street repairs and upgrades. The City is authorized to purchase from a cooperative purchasing program with another local government or a local cooperative organization pursuant to Chapter 791 of the Texas Government Code and Section 271 Subchapter F of the Local Government Code; and by doing so satisfies any State Law requiring local governments to seek competitive bids for items. City of Grand Prairie Contract#21157 (annual contract with renewals) City of Wylie Agreement W2022-36-I Financial Summary/Strategic Goals 48 12/14/2021 Item M. Wylie City Council CITY OF AGENDA REPORT Department: Parks Account Code: 112-5614-58150 Prepared By: Glenna Hayes Subject Consider, and act upon, the approval of the purchase of playground equipment for Valentine Park from WeBuildFun, Inc. in he estimated amount of$69,671.51 through a cooperative purchasing contract with Buy Board Cooperative Purchasing and authorizing the Interim City Manager to execute any necessary documents. Recommendation I otion to approve Item as presented. Discussion Valentine Park playground is one of the oldest in the parks system(equipment aged to the late 90s and early 2000s), and the equipment consists of a three-bay swing set and a few free-standing components. There are currently no modular structures, shades, or components broken down for age groups. Staff is proposing replacing the aging three bay swing set, with options to add toddler swings, an all-inclusive swing, and regular belt swings, as well as a larger structure, and ADA accessible components that would accommodate 2-12 year old's. Staff recommends the approval of the purchase of a new playground from WeBuildFun Inc. in the amount of$69,671.51 as providing the best overall value to the City through the use of an interlocal cooperative purchasing contract with Buy Board. The City is authorized to purchase from a cooperative purchasing program with another local government or a local cooperative organization pursuant to Chapter 791 of the Texas Government Code and Section 271 Subchapter F of the Local Government Code; and by doing so satisfies any State Law requiring local governments to seek competitive bids for items. Buy Board#529-19/City of Wylie#W2020-39-I. Financial Summary/Strategic Goals 49 12/14/2021 Item N. Wylie City Council CITY OF AGENDA REPORT Communications; Department: Public Works Account Code: 100-5421-54650 Prepared By: Glenna Hayes Subject Consider,and act upon,the approval of the purchase of Motorola Radio Equipment and Maintenance Services in the estimated annual amount of$150,000.00 from Motorola Solutions, Inc. through a cooperative purchasing contract with H-GAC Buy and authorizing the Interim City Manager to execute any necessary documents. Recommendation Motion to approve Item as presented. Discussion Wylie Fire Rescue and Police departments have standardized on Motorola radio equipment and maintenance throughout the City for emergency communications. These radios are on the public safety network, and can communicate with other department during network outages or emergencies. Purchases are to replace radios that have reached their end-of-life, and funding is within the Communications Department budget. The department anticipates purchasing approximately 15-20 units per year. Public Works has budgeted to purchase two-way radios for communications during network outages, which will allow the department to communicate internally and with Dispatch. Staff recommends the approval of the purchase of Motorola radio equipment and maintenance services in the estimated annual amount of$150,000.00 as providing the best overall value to the City through the use of an interlocal cooperative purchasing contract with H-GAC Buy. Approval of this item will establish an annual agreement with renewals. The City is authorized to purchase from a cooperative purchasing program with another local government or a local cooperative organization pursuant to Chapter 791 of the Texas Government Code and Section 271 Subchapter F of the Local Government Code; and by doing so satisfies any State Law requiring local governments to seek competitive bids for items. H-GAC Buy#RA05-21/City of Wylie#W2020-43-I. Financial Summary/Strategic Goals These purchases meet the City's strategic goals of Health, Safety and Well-Being. 50 12/14/2021 Item O. Wylie City Council CITY OF AGENDA REPORT Department: Police Account Code: 100-5211-58510 Prepared By: Glenna Hayes Subject Consider,and act upon,the approval of the purchase of Chevrolet Tahoe SSV vehicles in the estimated amount of$75,330.00 hrough a cooperative purchasing contract with the Sheriffs Association of Texas, and authorizing the Interim City Manager o execute any necessary documents. Recommendation otion to approve Item as presented. Discussion Under the approved budget for Fiscal Year 2021-2022,the Police Department has been authorized to purchase two Chevrolet Tahoe SSV vehicles. These vehicles are for the administrative staff, and are regularly scheduled replacement units. Staff recommends the purchase of these vehicles through the referenced cooperative purchase agreements, as providing the best value to the City. The City is authorized to purchase from a cooperative purchasing program with another local government or a local cooperative organization pursuant to Chapter 791 of the Texas Government Code and Section 271 and by doing so satisfies any State Law requiring local governments to seek competitive bids for items. Wylie Agreements#W2022-14-I/Sheriffs Association of Texas Contract#22-03-1008 Financial Summary/Strategic Goals This item meets the City's Infrastructure and Health, Safety and Well-Being Goals. 51 12/14/2021 Item P. Wylie City Council CITY OF AGENDA REPORT Department: Police Account Code: 100-5211-58510 Prepared By: Glenna Hayes Subject Consider, and act upon, the approval of the purchase of Chevrolet Tahoe PPV vehicles for the Police Department in the estimated amount of $207,000.00 through a BuyBoard cooperative purchasing contract, and authorizing the Interim City Manager to execute any necessary documents. Recommendation I otion to approve Item as presented. Discussion Under the approved budget for Fiscal Year 2021-2022, the Police Department has been authorized to purchase five Tahoe PPV units. Staff recommends the purchase of these vehicles through an inter-local purchasing agreement with BuyBoard Cooperative Group as providing the best value to the City. The City is authorized to purchase from a cooperative purchasing program with another local government or a local cooperative organization pursuant to Chapter 791 of the Texas Government Code and Section 271 Subchapter F of the Local Government Code; and by doing so satisfies any State Law requiring local governments to seek competitive bids for items. BuyBoard#601-19; Wylie Agreement#W2022-14-I Financial Summary/Strategic Goals This item meets the City's Infrastructure Goals. 52 12/14/2021 Item Q. Wylie City Council CITY OF AGENDA REPORT Department: Human Resources Account Code: 100-5153-56040 Prepared By: Glenna Hayes Subject Consider, and act upon, Resolution No. 2021-45(R) of the City Council of the City of Wylie, Texas to ratify Wylie Contract •W2021-4-A for Human Resources Benefits Consulting from HUB International Texas in the estimated annual amount of $66,000.00, and authorizing the Interim City Manager to sign any and all necessary documents. Recommendation I otion to approve Item as presented. Discussion In December 2020, staff completed a competitive sealed proposal process for Health Benefits Consulting Services. The City received six responses which were evaluated according to the RFP, and selected HUB International Texas. An annual agreement(effective March 1, 2021) with renewals was awarded to HUB International in the annual amount of$48,500.00 which did not reach the dollar threshold mandating City Council approval. During the course of the contract, staff determined it was in the best interest of the City to implement Benefit Connector Software offered by HUB International. This software interfaces between the City and the health care providers, and allowed staff to quickly and efficiently complete the employee enrollment period. The estimated annual expense for the software is based on the number of employees, and is estimated at $17,500/year. The addition of this expense will bring the estimated annual total to $66,000.00 for the contract. Staff recommends the approval of this resolution to ratify Wylie Contract#W2021-4-A(annual contract with renewals)in the estimated annual amount of$66,000.00. Financial Summary/Strategic Goals 53 12/14/2021 Item Q. RESOLUTION NO. 2021-45(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, TO RATIFY WYLIE AGREEMENT #W2021-4-A BETWEEN THE HUB INTERNATIONAL TEXAS, AND THE CITY OF WYLIE FOR HEALTH BENEFITS CONSULTING SERVICES AND AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE THE FIRST MODIFICATION TO THE AGREEMENT. WHEREAS, the City of Wylie completed a competitive sealed proposal process for Health Benefits Consulting Services; and WHEREAS, an annual contract with renewals was administratively award to HUB International Texas in the annual amount of$48,500.00 and contract documents were signed by both parties; and WHEREAS,the City of Wylie elected to implement benefit enrollment software provided by HUB International Texas on September 1, 2021; and WHEREAS, the estimated annual expense for this contract is now$66,000.00; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: SECTION 1: The Mayor of the City of Wylie, Texas, is hereby authorized to ratify the award of the original agreement and the first modification. SECTION 2: The Interim 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 first modification to agreement #W2021-4-A for the addition of benefit enrollment software. SECTION 3: This Resolution to ratify shall take effect immediately upon its passage. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas on this the 14th day of December 2021. Matthew Porter,Mayor ATTEST TO: Stephanie Storm, City Secretary Resolution No.2021-45(R)—Modification to Contract#W2021-4-A Page 1 of 1 54 12/14/2021 Item 1. Wylie City Council CITY OF AGENDA REPORT Department: Public Works Account Code: Prepared By: Tim Porter Subject Consider, and act upon, adoption of Ordinance No. 2021-57 determining a public use, need and necessity for the acquisition of property and permanent easements to expand a public right of way being a 7.307 acres tract of land situated in the J.W. Mitchell Survey, Abstract No. 589, City of Wylie, Collin County, Texas, as more particularly described and depicted in attached Exhibit "A," "A-1," "A-2," "A-3," and "A-4"; among other things, facilitate the construction, access, repair, maintenance and replacement of public roadway facilities and related public improvements in connection with the expansion of McMillen Road from McCreary Road to Country Club Road in Wylie, Texas (collectively, the "Project") in the City of Wylie,Collin County,Texas;authorizing the Interim City Manager and City Attorney,or their respective designees,to acquire the property including making initial bona fide offers,and authorizing the City Attorney to file proceedings in eminent domain to condemn the needed real property for public use,if necessary; and providing an effective date. Recommendation If the City Council desires to approve this item, the form of the motion is required by statute to be made as follows: "I move that the City Council of the City of Wylie,Texas authorize the use of the power of eminent domain to acquire property in fee simple located in the area described and depicted in Exhibit "A," "A-1," "A-2," "A-3," and "A-4" to the ordinance under consideration by the City Council,for the purpose of the construction, access, repair, maintenance and replacement of public roadway facilities and related public improvements in connection with the expansion of McMillen Road from McCreary Road to Country Club Road in Wylie, Texas and all appurtenances related thereto." Discussion The engineering design of this roadway is complete and City Bond Funding was approved at the November 2021 election. Approval of the Ordinance authorizes the Interim City Manager the use of the power of eminent domain to acquire property in fee simple located in the areas depicted in the attached exhibits. The project is financed through both City and County funds. Financial Summary/Strategic Goals 55 12/14/2021 Item 1. ORDINANCE NO. 2021-57 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, DETERMINING A PUBLIC USE, NEED AND NECESSITY FOR THE ACQUISITION OF PROPERTY AND PERMANENT EASEMENTS TO EXPAND A PUBLIC RIGHT OF WAY BEING A 7.307 ACRES TRACT OF LAND SITUATED IN THE J.W. MITCHELL SURVEY, ABSTRACT NO. 589, CITY OF WYLIE, COLLIN COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED AND DEPICTED IN ATTACHED EXHIBIT"A,""A-1,""A-2,""A-3,"AND"A-4";AMONG OTHER THINGS, FACILITATE THE CONSTRUCTION, ACCESS, REPAIR, MAINTENANCE AND REPLACEMENT OF PUBLIC ROADWAY FACILITIES AND RELATED PUBLIC IMPROVEMENTS IN CONNECTION WITH THE EXPANSION OF MCMILLEN ROAD FROM MCCREARY ROAD TO COUNTRY CLUB ROAD IN WYLIE,TEXAS(COLLECTIVELY,THE"PROJECT")IN THE CITY OF WYLIE, COLLIN COUNTY, TEXAS; AUTHORIZING THE INTERIM CITY MANAGER AND CITY ATTORNEY, OR THEIR RESPECTIVE DESIGNEES, TO ACQUIRE THE PROPERTY INCLUDING MAKING INITIAL BONA FIDE OFFERS, AND AUTHORIZING THE CITY ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN TO CONDEMN THE NEEDED REAL PROPERTY FOR PUBLIC USE, IF NECESSARY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City Council of the City of Wylie,Texas(the"City Council"),upon consideration of this matter,has determined that there is a public need and necessity for the health, safety, and welfare of the City of Wylie and the public at large to acquire the property and four(4)permanent easements attached hereto as Exhibit"A" "A-1," "A-2," "A-3," and"A-4",being a total of 7.307 acres of land situated in the J.W. Mitchell Survey, Abstract No. 589, City of Wylie, Collin County, Texas, for the public use, among other things, to facilitate the construction, access,repair,maintenance and replacement of public roadway facilities in connection with the expansion of McMillen Road from McCreary Road to Country Club Road in Wylie, Texas(collectively,the"Project"). WHEREAS,the City Council finds that the description of the Property, attached hereto as Exhibit "A", to be acquired by eminent domain for the Project complies with applicable law in that the same provides the property owners in and around the area reasonable notice that the owner's property may be subject to condemnation proceedings during the planning or construction of the Project; and WHEREAS, the City Council has further investigated and determined that the Project constitutes a public use for a public purpose; and WHEREAS, the City is required to make an initial offer as defined by and in compliance with Texas Property Code § 21.0111 ("Initial Offer") and a bona fide offer, as defined by and in compliance with Texas Property Code § 21.0113 ("Bona Fide Offer") to acquire the Easements on the Property for public use, voluntarily, from the subject landowners prior to moving forward with the acquisition by eminent domain; and WHEREAS, the City Council now deems it necessary to authorize the City Attorney to initiate condemnation proceedings in order to acquire the necessary Easements. NOW THEREFORE, BE IT ORDAINED BY THE QUALIFIED VOTERS OR CITY COUNCIL OF THE CITY OF WYLIE,TEXAS THAT: Ordinance No. 2021-57 McMillen Road Eminent Domain Page 1 3575457 56 12/14/2021 Item 1. Section I. The City Council hereby finds and determines that the recitals made in the preamble of this Ordinance are true and correct, and incorporates such recitals the body of this ordinance as if copied in their entirety. Section II. The City Council of the City Wylie hereby finds and determines that a public use and necessity exists for the Project and authorizes acquisition of the necessary property rights in and to the Property for such purposes, as allowed by law, together with all necessary appurtenances, additions and improvements on, over,under and through those certain lots,tracts or parcels of lands. Section III. The City Council authorizes the City Attorney or his designee to negotiate for and to acquire the required property rights for the City, and to acquire said rights in compliance with State and any other applicable law. Moreover, the City Attorney, or his designee, is specifically authorized and directed to do each and every act necessary to acquire the needed property rights including,but not limited to,the authority to negotiate, give notices,make written offers to purchase,prepare contracts,to retain and designate a qualified appraiser of the property interests to be acquired, as well as any other experts or consultants that she deems necessary for the acquisition process and, if necessary, to institute proceedings in eminent domain. Section IV. The Interim City Manager, or designee, is appointed as negotiator for the acquisition of the needed property interests and,as such,the Interim City Manager or designee is authorized and directed to do each and every act and deed hereinabove specified or authorized by reference, subject to the availability of funds appropriated by the City Council for such purpose. Further, the Interim City Manager or designee is specifically authorized to establish the just compensation for the acquisition of the Property. Additionally,if the Interim City Manager or designee determines that an agreement as to damages or compensation cannot be reached, then the City Attorney or designee is hereby authorized and directed to file or cause to be filed, against the owner(s) and interested parties of the needed property interests, proceedings in eminent domain to acquire the above-stated interests in the Property. Section V. This Ordinance shall become effective immediately upon its passage. DULY PASSED AND APPROVED this the 14th day of December, 2021. Matthew Porter,Mayor ATTEST: Stephanie Storm, City Secretary APPROVED AS TO FORM: Richard M. Abernathy, City Attorney Ordinance No. 2021-57 McMillen Road Eminent Domain Page 2 3575457 57 12/14/2021 Item 1• McMILLEN ROAD FROM McCREARY ROAD TO COUNTRY CLUB ROAD PARCEL No.6 McMII.LEN 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 mare 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 particulady 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 112 inch iron rod being the northeast comer 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 Creeluide 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 rightrof-way); THENCE South 89 degrees 57 minutes 11 seconds Bast,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 comer 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 Bast,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,a distance of 72.30 feet,said 1/2 inch iron rod found being the southwest corner of a 11218 acre tact of land(by deed)deeded to Pamela Joe Tbronburg 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 McM ll en 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 Bast,with the proposed northeasterly right- of-way line of said Mom Road,passing at a distance of 242.87 feet,a R.O.W. Marker set for rdfrence,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 58 12/14/2021 Item 1• THENCE South 43 degrees 57 minutes 36 seconds West,with a southeasterly line of said 39.58 acne 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 corner in the proposed southwestelyright-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 le t,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 comer, 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 comer of Lot 2X,flock CI,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 comer 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 59 12/14/2021 Item 1. Notes: (I) 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 OF Registered Professional Land Surveyor ,�4-Ak rF� re .;\ No.5494 c, * " 'n + �j11iSzni ,f 5494*wpm, Exhibit A Page 3 of 3 SUR 60 12/14/2021 Item 1. EXHIBIT "B" PARCEL No. 6 CURVE TABLE UNE TABLE CURVE RADIUS DELTA BEARING CHORD ARC UNE BEARING DISTANCE C-2 1.000.00 30'28'49" _N 7215'22"W' 525.73' 531.98' L 1 N 86'09'48"W 97.04' 1-2 N 89'57'11`W 64.34' REMAINDER OF L 3 S 89'53'06"W 10.95' 21.355 ACRES OEM L.-4 N 01'30119"W, 49.99' D CREEKS= ENT.ittC. 00C.No. 20121231001686880 RP.R.C.C.T. N 8 12.231 �3"E DQ B, �R 20'SANITARY SE E+► iT VOLUME 3255.PAGE 55,D.R.C.C.T. - ION S 89'57'11"E 728.84' McMILLEN ROADS 4. " " M McMILL :"'.'««4 '«.•_«�.. M -I , : ,. ':: EN ROAD=µ = = . (A YAIBABIE WIDTH[SENT-OF-W Y) '' ..: ! AN WIE01CATED RtOM-OF-row) ''"::�'=s atugssar:.�l+t s�.l::10,2+ww.,+.r "Y:a:;s T a ne n 7..1-v a r_. am� LU Ezsivic Rice-DF-wiry 1 i 1._2__ t-t-- _--:� ,...; " w: : MARKER SET r� SET R.O.W.? ''ET R.o.W.« _ '„ I MARKERS MARKER •2.:»: r1 LOt 2a; mow C 15' OOSERV EASEMENT IINGHT•Of-WAY «PROPOSED C.Z" 'j' 11 Swims CRBPA NORTH L-3�— VOLUItS O.PATS Se I I YOLUUE 44958.PTAOE tat « PRCC;T. 39.58 ACRES (BY DEED) t i ROBERT VANCE THURMOND, JR. ! f� C.C.F. No. 98-0004942 1 'Q . 0 D.R.C.C.T. This LOT 4 8 DESCRIBED IN D.R.CC.T1015. PAGE 46 ACQUISITION AREA BLOCK Ply 1 203,210 SQ. FT. OR { 1 0.4562 ACRES (BY DEED) 4.665 ACRES 1 1 ROBERT VANCE THURMOND. JR. j 00 1 � DOC. No. 20111020001125050 R.P.R.C.C.T. J.W. MITCHELL SURVEY SCALE IN FEET ABSTRACT No. 589 NOTES: 1. A LEGAL DESCRIPOWI OF EVEN DATE ACCCIPPNEES 114S PLAT. ACQUISITION 2. ROW MARKERS ALONG PROPOSED RI HTi -OF-WAY LBNE ARE A 5/8'IRON ROD SET WITH BLUE CAP STAMPED VORRONDOtle UNLESS OTHERWISE NOTED. 3. Al BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS STATE PLANE COOROPIATE SYSTEM.NAO•03.THE KORTH 5011RA1.ZONE 4202,ALL DISTANCES ARO AREAS SHOWN ARE SURFACE 4. SURVEYED ON THE GROUND NOVEMBER 2009. SUBJECT TRACT & LOCATION OF ACOUtSMON City of Wylie O , 1:. 300 COUNTRY CLUB ROAD • WTLIE,TEXAS 75098 RID1It—OF Y ACOUISITION f°••�E. or T_.; 39.58 ACRE TRACI OUT OF OF LAND do A ��4 Q,�i. .� 9N', 0.4512 ACRE'TRACT OF LAND J.W. EL SER Nl1� 589 AS RECORDED IN ' TEXAS 4A ' C.C.F. NO. 98-0004942 & 00C. NO. 20111020001125050 " REAL PROPETY RECORDS OF COLUN COUNTY. TEXAS ; ' , `;A:„1.A.il ! ,1 7t3 '.T. 1s!JAU ii tlai d. / `.liiilli�_N: .J•11 ,..,��...— Gi. ~10.,. :a...311:N!$14 l l!LI:??i1_4MILIIMI:IW. it CURTi5 SMITH - JOB No. 0803-3568 tRPAWl 6Yt,£LC i /1-4. >E;;• ,:i;;i� PAOFES&IONAt.LAND SURVEYOR )T T}i'-RT :.«, DO WIT 8 PAGE I OF 3 r r. hrlfi'"IiMINIMI ND. • 94 TEXAS FIRM No. 10108900 GORRONDONA& ' INC.• 7524 JACK ',7-3 BOULEVARD SOUTH FORT WORTH.IX. 8118 • 81 -490.142 - 1 •496.1 88 61 12/14/2021 Item 1. EXHIBIT "B" PARCEL No. 6 CURVE TABLE CURVE RADIUS DELTA BEARING CHORD ARC C-1 1,200.00' 1215128" ,r S 64°08'41"E 270.11' 270.69' C-2 1,000.00' -3018'49" N 7215122'W 525.73' 531.98' 21.355REMAINDER BY DEED) 100 50 0 100 CREEKS=OE WM.0PmENT.INC. DOG No. 20121231001658860 a P.R c cx. PROPOSED SCALE IN FEET • 'glair*OF-040X 41240 ACRES(( DEED) MARKER PAMELA METeter S 04'5Y11'E 00C.No.20100416(100373400 S 89'57'11"E 728.84' 2 �. ,n1R R.P.R.GGT. � � » _ - W .M•.::::f:« •:7:^--M.E."�;EM4:NSi1�V1At'NM v"Y�iC.4v::: C-——-47•-•- \ Z /":«55. C« »S7 siW:me 7:7:7748SE:44:34,141..x:!'^»—T".. : ^»:~?2.#7�, "••— ,�'�� \ \\ t,McM I LLEN ROAD : ".» .e,. • T µ'me» „:„ UII!tCAiEO EGGllf-or«YtAY};» » M• " ^:»sti. e1+� \ .L. ,tttl t sir..:.• �;.» 0 :a"�,r: pN»»:.....»..t« zW.+ ,,74: • 0 = »" -"39.58 ACRES tr• "DEED)µ _ _ Cam?»-» w� w ROBERT VANCE THURMOND. JR.» q. -'-. »"'"" »' C.C.F. No 98-0004942 » A�, G ."" ' --LT"' D R.0 C.T. -" .��/ so."�"q'»�»o„;_DESCRIBED IN VOLUME 1015. PAGE 46:- j,_ RIGHT-OF-WAY •1471:R .. .. Q+Rr•.c,c Tt. ��N✓ ACCUISmON AREA a« »• 7 203.210 SO. FT. OR N 8 w „«'p = "".. E.:w»»'�' ,/ 4.665 ACRES erp - »-�«x„».• ": „= " SURVEY 6> M iff is'r.g a t—• �3 J.W• higak� No• 589 - �' - x Tx Q' A8S-�RC o'At; "4. ROTES: I. A 1EOAt.DESCRIPTION OF EVEN DATE ACCOMPANIES NOS PLAT. rillilACOUISMON 2. RUN WAKENS ALCM PROPOSED RIGHT-OF-WAY UNE ARE A 5/8 IRON ROO SET • OlIN BUIE CAP STAMPED"OOP"UNLESS OTTt1R £NOTED. 3. ALL BEARINGS AND COMMITTER ARE REFERENCED TO THE TEXAS STATE PLANE COMM=SYSTEM, HAO-83 THE NORTH CENTRAL ZONE 4202.AU.DISTANCES AND AREAS SHOWN ME SURFACE 4. SURVEYED VE118 011 THE GROUND NOER 2009. SUBJECT TRACT & LOCATION OF ACOUISMON •., _ City of Wylie .1 ii►z AAA 300 COUNTRY CLUB ROAD . m tE.TEXAS 730s8 E OI1BIT ASHOWNO ,.__,_ RIGHT-OF-WAY ACCUESRON /, „<<c„ �, P... •' 39.58 ACRE TRACT OF LAND & A •;0.V.146G►STE�,i t4�`. 0.4552 ACRE TRACTt�OF��LAND . r 'I t J.W. MITCHELL SURYTEtt A CT No. 589 - CITY of W'IYLL COOSNTY, TEXAS , yr,AS HEMMED 5494 i! C.C.F. NO. 08-0004942 & ETOC. NO. 2011102000112505o '',,�(7i' 'ry REAL PROPETY RECORDS OF COLON COUNTY, _.l.._:i i J•1.i�i..'.ju� '�;��.•1.-' TEXAS �-�/,i ` S �ii y�� .I i♦� l �.a .j .=« i. .liij«_ � ` 7 , (GE►likai I t- ,•it:WilaAAF!LE AllItii UR1s slim Ri,ATL.• lizt. E : DRAWN OY:sLC -i, :1A- lii.11�atiMM •,a,::: '•..O LAND SRvEYOR RAM MARCH 31.2014 I.: !:s 5494 TEXAS FCW No. 10100000 .• ...: .t AC. B" a:,3 I uin AT,i' 62 12/14/2021 Item 1. EXHIBIT "B" . PARCEL No. 8 \ \ APPROXWATE„um \\ \\ 2vOLUMEN3255,PAGE . DT .NCO .. sY�'\ \ .a' r ILX �7ara• s\ \ iV as88.PACE i811 Js * = : u7\ ORCC.T. G? �[G "_c tff tiz • t piiiz_ic ii i I '. \\ ,`C; 0 s, 14 pN ar t::?• µE•PAONi A ..•"* 1�`1��I' ...•w.. -"J O•« »7k_.i:« SET 'rC'� _�is �:;t . t \ «'.ice»»«ter»:µ .46,„/ . ;r,g,,ar▪ i \ . kyam'm N »»'»� „ES: =.t3 .r .7• NN \\\ se "t. K r+ri• �.r'r 4» . 112.18 ACRES(BY GEED ••� RIGHT—OF—WAY ki.:»:_:» g"•.»" —roc.N, 201'1004t�0373400 ``.• ACQUISITION AREA •s:»:r0:1 R.PR,C.C.T. �' `203,210 SO. Ft: OR 12F 4.685 ACRES PASSING AT 50.00'A SET R.O.W.MARKER 39.58 ACRES (BY DEED) ROBERT VANCE THURMOND. JR. C.C.F. No. 98-0004942 D.R.C.C.T. Qp SO 0 140 DESCRIBED IN VOLUME 1015, PAGE 46 D.R.C.C.T. r SCALE IN FEET 1. A LEGAL,DESCRIPTION OF LVEN DAZE ACCOMPMEES TICS PLAT. 7 ACCy1SRION 2. ROW MARKERS ALONG PROPOSED RIONT OT-WAY UNE ARE A 5/8.IRON ROD SET LOCATION WITH EWE CAP STAMM ITORRONDDNA'UNLESS OTH RYASE NOTED. 3. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS STATE PLANE 0OCIRDTHILIE SWIM NAD&�E NORTH CENTRAL TONE 4202.AU.INSTANCES AND AREAS SHOMAI ARE 4. SURVLYYED ON WE GROUND NOVEMB R 2009. SUBJECT TRACT & LOCATION OF ACOUISMON :! City of Wylie 1! • .I. 30D COUNTRY CLOD ROAD • WYUE.WAS 75098 RIGHT-of-WAYAA ACOULSTION E OF pF 39.58 ACRE TRACT OF LAND & A ,f(4.,�5T• c4i\L p-' 'MOM ACRE TRACT OF LAND :4 4 STRAYED "; J TCHELL SURVEY. R L 1dN AGT No, SSD .Bali .allti CITY OF ME. COUNTY. TEXAS RECORDED IN livirlorgr fir` C.C.F. NO. 98-0004942 & DCC. NO. 20111020001128050 `' • REAL PROPETY RECORDS OF MUMCOUNTY. TEXAS i:;;i.Tx.'iNIC1:il 2.2 ,7T► iii!'laT' .i...itiii!1.i1.7111!j!.11' iit!L��11iigl!_ ii .. i°-- / DATE:WWI.71 2014 y,rr,;,t CAD �. .OS ROYI.OSYC !. Y_5. ! „a,,,,,itii:ti. . ,,..!' -Fr-:n...• s 1,, • ` 4 • ''i, ^iiiTrl. =RH •.• 78118 • 81 .488.44 AX 817-498- -': 63 12/14/2021 Item 1. McMILLEN ROAD FROM MCCREARY ROAD TO COUNTRY CLUB ROAD PARCEL No.6 PE PART 1 MCMJLLEN ROAD J.W.MITCSELL SURVEY,ABSTRACT No.589 EXIUBIT "A-1" Being a permanent drainage easement situated in the J.W. Mitchell Survey,Abstract No.589, City of Wylie, Collin County, Texas, said permanent drainage asement 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 permanent drainage 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 3958 acre tract of land, said 1t2 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 Coffin County,Texas,said 1/2 inch iron rod being in the south line of a 21355 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 21355 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 RO.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 corner of said 21355 acre tract of land bears South 89 degrees 57 minutes 11 seconds East, a dish of 7230 feet, said 1/2 inch iron rod found being the southwest corner of a 112.18 acre tract of lamed(by deed)deeded to Pamela Joe numbly);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 Bast,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;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 cower; 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 the POINT OF BEGINNING of the herein described permanent drainage easement,said point being in the proposed southwesterly right-of- way line of said McMillen Road; Exhibit A Page 1 of 2 64 12/14/2021 Item 1. 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 39.58 acre tract of land; THENCE North 45 degrees 29 minutes 45 seconds West, a distance of 63.44 feet to a point for corner, THENCE North 14 degrees 22 minutes 36 seconds East,a distance of 53.61 feet to a point for corer; 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; THENCE 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 OF BEGINNING and containing 8,439 square feet or 0.194 acres of land,more or Iess. 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: December 20,2018 4111:••••••••••••••"fire' Curtis Smith = .�E OF' Registered Professional Land Surveyor „'y�'4,o� No.5494 i4��1ci�i- 7•,1�1. , s,f 441 p 5494_45 " it,/ \,py f5St ,i S11R`I Exhibit A Page 2 of 2 65 12/14/2021 Item 1• EXHIBIT "B" to "A-1" . PARCEL No. 6 PR PART f J.W. MITCHELL SURVEY ABSTRACT No. 589 REMAINDER OF 21.355 ACRES j8Y DEED) macaw DEYE m&TENT.O(C. DOC.Ne.20121231001688850 R.P.R.C.C.T. PROPOSED •—APPROXIMATE LOCATION P.©.C. RIGHT-CT-WAY 20'SA OTARY SEWER EASE;WAT FIND tj2ZR VCWME 3255.PACE 55. D.R.C.C.T. a ... _ .-._S 1Sr1 f'E 728 64' .� .MO McMILLEN ROAD - • McMILLEN ROAD - - `,� (A VAR ABLE WIDTH RIDNT-CF-WAY) 1 (AN UNDEDICATED RIONT-OF-WAY) .- EMSTOtO MITIO-OF-WAY L_ - , LOT CA Mick a 11".1-1-1 SA08 CAW 4 ID —15' COSERY EASELEENi R 1T. 3 Y PQIMS O. PAOS SO VOLUME 4988. PACE 1811 P.R.C:C:T. O.R.C.C.T. /'-' .„ ( 39.58 ACRES (BY DEED) i". \ ROBERT VANCE THURMOND, JR. � C.C.F. No. 98-0004942 < b—om—" ---_ram D.R.C.C.T. 26or Ott 1 DESCRIBED IN VOLUME 1015, PAGE 48 MCA D 1 D.R.C.C.T. 1 a 1 0.4562 ACRES ter DEED) 1 T URXSO f • c No,201110X01150. 100 50 0 100 R.P.R.C.C.T. SCALE IN FEET NOTESI 1. A LEGA1.DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT. 2. ROW MARKERS ALONG PROPOSED RUT-OF-WAY UNE ARE A sir IRON ROD SET ,►•-i.004COA N WITH BUTE OAP STAMPED ONDONA"UNLESS OTHERWISE NOTED, 3. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS STATE MANE COORDINATE SYSTEM NAi-1THE NORTH CENTRAL ZONE 4202,ALL DISTANCES AND AREAS SHOWN ARE 4. SURVEYED ON THE GROUND MUM SUBJECT TRACT & LOCATION OF ACQUISITION . 'i y off' Wylie OP 7- 300 COUNTRY CLUB ROAD • YnuE.TEXAS moos ND PERMANENT DRAI aE EASEMENT OF F, 39.58 sXACRRE► T1O r/'Uj ��. fo,xf •� J.W. MITCHELL SURVEY.ABSTRACT No. 589 t CUM SMITH CITY OF WYUE. COW; COUNTY, TEXAS AS RECORDED W \ r;. '. 5994 C ,i REAL PROPETY RECORDS O. OF•W�U M ZCOUNTY. TEXAS fiiN..E2W• 41. i P.P . • a.I_Ai R. FROM MICR r TO COU 1 CLUB ROAD �0 b,Sc '; "" •U_ ION AR • B 439 SOU• •E 0; 0.19 AG' cum SMITH 1 .a ,. 0903-3556 , t I �, 1 REGISTERED PROFESSIONAL LADD mamaOATS;OECENER , 20019 >..:• , . , 5494 ,. ' • No. I' 1, ;1"''' . i''.41 ;>r a.: •tii::;7,fir i 3I • :1 r:- 4 817-466-1705 66 12/14/2021 Item 1. tmeteratemet,,,ne,AWele:4, ,.tetemotolas,..4*Ara....a.Att,o, new".It 0000000000000000 4,000,00.00000,,„00 00000.40,0040,0,04000a~004011010101 vu 1,2, $ vf EXHIBIT B to "A-1" it PARCEL No. 6 PE PART I 04 0 04 CURVE TABLE t i CURVE RADIUS DELTA BEARING CHORD . ARC ki C-1 200,00 121)5 28' S 6408 4 1'E 270.1 1' 270,69' J -$. o t, REV.1,2TDER or 100 50 0 100 0 , 77355 ACRES (or' orcD) 0 CHEEKDEE" OINTLoppEut, 100. 111011111100r000 000 Nx 2012120TOOTGPARIC3 ttt 1,0000001111111111111,0"0000,010000000 1 101011,C,E.T. t; 0 0,--PEEPOSE0 SCALE IN FEET 0 / ritsttr-OrAvot 0 t, / SE1 P.030 \ 0,0000 ir0tE AETTEs (St DEED) 0 ',: PALITTIA Mr ITEZONOUTTG * ''',,,; CDC, No. 20 I OTT 4 1 50203.734 ED‘ 5 D9'57+117F g ,, - S /1275271175 7 7ii EA' RPRCCT LJJ . 77„30' too. 000111 • • • — # — _ , A V 'a4 14 —7 if4 .4.— ,, .1, ',, , ;" t — ARPROFP4,41E La77,1701 — .„.„..15, cc21,10 EFA2,517FUT 57777'?.!', %, ‘7" 'IT'', —.I 2.0`. SATTIWTY SEWED EAsEpEta 4,777LUNE 459.3., Pi`AGE MA I se- 6, 4 4440: 3,,tAt 4 PT-CE 55* P.P.E,C.T. II TT C.C I, 5.**,i57:0, 2% * ;., 0 ; McMILLEN ROAD ,RoposE0-1 , / , , mcwr-WAY 4,T (47T LuTEEDICT,TED RICH T-01**07,70 4 <C, i '1i'! 2 , PF,OPOSTI)--/ malir-or-wxy 39,58 ACRES (BY DEED) ROBERT VANCE THURMOND. JR, ,, C.OF. No. 98-0084942 ." A, .k.4 la D.R.C,C.T. 1,4 DESCRIBED IN VOLUME) 1015, PACE 46 /' D,R.C.CT. 4..", ., ' e4 0. 0 0 04„ 44 A2, TRNC k- S 0 NDIES: t. A LEGAL DESEPEntEAT OF LVEN DATEO This PLAT.. 7 77:2T _A-7,CoL77,,I*TD 15 2. Ncw Et*T4R2RD ALATNTT PROPER:T) it7,40-TIF74545. *HE mit * 5/Er rR7:11 !MD S.,;„; a 49 .N414 ux CA P STANP50 E* ORRONDONA7 UNLESS DIATENFRAAE NOTED. AR, 3. ALL utAtonsS AH3 EGOREPNATES ARE REFERENCED TO THE TEXAS STATE PLANE ,....,J 0 40 ccon04000C. SYSIt4.4, N4D-113, THE NM in OR CENTRAL TONE 4202, ALL imirEs 04k AND AREAS 5140EN ME SUPEAEE • N SUBJECT A 4, SURVEYED ON THE GROUND TOTEP NSER 200). 41 — LOCATION TRACT &or Acoutsrnot4 00 0 r. f7 City - ‘, 2 ti II' i 1,1 of Wylie 0 )1 4. , LOX OF ,(i VIellii 300 COJ,;110' CUM PC,,t, ' 040440 N7775 75,75N 7A FT 7,1 41 1 ExiT,NI Slitl,,MG A 1 04v00,04ct.er orwl0NOE: EASEMENT 0 CUT OF T. .,, 39.E0 ACRE TRACT OF LAND SAINTED PI TRE J,W, MICR SURVEY. ABSTRACT No, 5E19 i: (..*.tik-IS 14, COY or WYLIE. COLLIN COUNTY, TEXAS IA RECORDED IN C.C.F.cNO. 9S-0004942 ,!'..,„i..-„,',9.-, '.,„"'„,-;' , 41, REAL PM:PUY RECORDS OF COLON COuNTY, TEXAS ri .,., / i.',4"" ' C'TATAP'71•15 A. plzo iFCT: McMILLEN ROAD FROM 1.1cCREARY ROAD TO COUNTRY CLUB ROAD p.„.,,- . -,,,,,, '- 4.' ACOUISITION AREA: 8,439 SOUARE FEET OR 0,194 ACRES „ _ ,,,, CURTIS SMITI I JOLT Ott, O5OD-35E8 CRAWN Ott JAC CAD PIE:95. DRAM-P73027,21 p.mtsTEnED PitorESSoTTAL LAND SURVEYOR ) DATE,. nEccoAntn zo, 7014, Ex41241 S PACE 7 OF 3 I Sc/IC: i" - WO" 03, 5494 TExAs Mt tt0. 10105505 coratommtm &Assoctets, mc, ., 7524 JTAETT TIEMILL MULE-WAD SOREN FORT 2,,ORN* IT, 7E4 UT . F7t 7-495-1424 FAX 817-496-170 T,,s Th47474475,7427,,,,,,7*-472-74747***32=47732"47,537474,72447.744,74******,777.72.***24745,4444*****4355***************4*,044 ******222542,i**********4404004040044040004440440400 67 12/14/2021 Item 1. 5574557755755527515445,55775750477745 ,& .- a • . . a t f lrp.5+as(7eF EXHIBIT "B T3' to ti A-1 ii Lot.,+410.d ti I, ", .� ._...�..r',f°e Iio):00,TE L0cM on ,0w .. I e ` w YELVI E 3255, PAGE 55, E46P.C.C.T, *". SU JECI 'TRACT t: j m im ,� LOCATION OF ACQUISITION4 \ N 4°i" COSTA.' [a E6tEraT " 5 .„" VUE UPI'. "4SS€I', PAGE Id41 t A C4,4T.C.C.T. „ '\.� .¢CYr iSE�G ate` G ';"''„a,,, "` o. `55," i2C4TT-C6u .�5 a . , 5r � ` . "A P,A rs i 14- `4, 4 A `32,117' A �Ei +, -- k �� IX rT.o AAsaP;C T s l*GIs Ac (5Y C ) 6., . e, ,s4ELr dE TH €dl�ll 0 - 1s „s pflonsED y " m a AT LINE BEARING IBIBLUM111114 Lt. Tt 1.I. dT *,Ed / F'? L-1 S 1 4'22.36V 124.00' 1-2 N "IS 2g'45"w 63.4 4' t 1 P"22'3Et"E I53.6 i° N 27"40'57"i 107„15` 1 L-5 S 57"40'57"E 133.12„ PERMANENT DRAINAGE f C "P 14 EASEMENT AREA ;- ;, : ` : ,431 SO. FT. OR ms 0,194 ACRES 14. kl iisc Om 39,58 ACRES (BY DEED) ROBERT VANCE THH'URMOND, JR. (t d \—, -1c.cs% NO, —0004942 r _ „ -,,, • k DESCRIBED IN VOLUME 1015, PAGE 46 `" .,3 - " D.1 .C,c.T„ 4. 100 50 0 100 1, A L eA% O C`CRa3 iOld Cm EVEN CST C"OYr w Tg,c n ." 2. ASS' M rtEEPE ADC°:G PROPOSED R-r1 CP— AY ENS A4? A 5/D 103e RODSET SCALE I FEET 'ACTH Slut CAP MTAUPZD "CT,7RRGPd'2214A" EIGIESS OPT='ERAI 1,0100. 3. ALL GEARt,ICS AGO COGRDA471ES ARE REtterte0CE0 re) THE TEAS GIME PLAGE di•!t`�FT0I A.TE 55OIET!, HAD-0, TPhE 000'IP C TTTaTA.L. -mu: 4202, Au. t1"SFAIdCES AGG AREAS EWAN 140.' SURFACE 4, SJW0YED ON THE CROU'8t} f:CIEIISER 2DOC4. 1 City of Wylze 75 II d Eili'V c'eller. 205 cOveGPAz Cora ROAD . TALK, TOSS d57,9x , ExHIR1T STI0ARIG r PERMANENT DRAT:F4CE EASEMENT FCUTITFA 39.58 ACRE TRACT OF LAD i , �,•I F �'t10r'TEG .T4 7110 J,5"r, I„I€TCHE L UR EY ASSTF CT t, SE3 CI„'','T15. 5"er 'IT A CITY Di 6ttYLIE, COLON COUNTY, TEXAS . " AS RECORDED R e 1:' 'I I 7/41 G.C.F. NO. SEI-03049. n , c ...,. REAL PROPETY RECORDS OF COLLIN CCUlTY, TEXAS ',• ', A _..FE f act PRQ4ECT. OcMiLLEN ROAD FROM MoCREARO ROAD TO COUNTRY CLUB ROAD ACQUISITION AREA: 8.43E SQUARE FEET OR 0.194 ACRES CURTIS SMITH 40F b0. At#O -33SR0 l TTioswo a3'':,4,C 1 CAR FILE,0dl 751AIo-rr4,owo REGISTERED PROFES'250N0t 'LAND Sure7r5ob 01E. 0E0E?10Et 22, 20101 led,',IWTRIT II PAGE .3 Or' 3 1scALEt i` = 90C!' NO. 55424 TEXAS RAM 00, 6ntEmig40 0OGGOI7007,53 & 4558CC'4TES, WC. • 7524 +A.AC.Y': NE'oEU. 000LEVNW SCUM ram 5'4CTAem, TX., 2CITk1 • o14-4so--l424---F 01'7-406-t7GT# 68 12/14/2021 Item 1. McMILLEN ROAD BROM McCREARY ROAD TO COUNTRY CLUB ROAD PARCEL No.6 PE PART 2 McMILLEN ROAD J.W.MITCHELL SURVEY,ABSTRACT No.589 EXHIBIT "A-2" 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 File 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 ll2 inch iron rod found in the north line of said 39.58 acre tract of land, said 112 inch Iron rod being the southeast comer of a 21.355 acre tract of land(by deed)deeded to C reekside Development,Inc. as recorded in Document No.20121231001656860 of the Real Property Records of Collin County,Texas,said 1/2 inch iron rod being the southwest corner of a 112.18 acre tract eland(by deed)deeded to Pamela Joe Thronbnrg as recorded in Document No.20100416000373400 of said Real Property Records of Coffin County,Texas,said 1/2 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 3958 ace 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 lice 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 1/2 inch iron rod found for the northwest comer of said 39.58 acre bract of land, said 1/2 inch iron rod being the northeast comer of a 0.4562 acre tract of land(by deed) deeded to Robert Vance Thurmond,Jr. as recorded in Doe art 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 ace 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-cif-way line of said McMillen Road,a distance of 6348 feet to a R.O.W.Marker set for corner;THENCE South 88 degrees 09 rnbuttes 46 seconds East,with the proposed south right-of-way line of said Mien 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 beam South 81 degrees 56 minutes 44 seconds East,a distance of 216.60 feet;MINCE with the proposed south right-of-way line of said McMillen Road and with said curve to the right, an arc 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 Bast,a distance of 313.66 feet; Exhibit A Page 1 of 2 69 12/14/2021 Item 1• 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 corner; THENCE North 87 degrees 40 minutes 57 seconds West,a distance of 345.24 feet to a point for corner; 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: (I) A plat of even survey date herewith accompanies this Iegal description. (2) R.O.W. markers along proposed right-of-way line are a 5/8 inch iron rod set with blue cap stamped"CORRONDONA"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 -,`yam�ot111 No.5494 5494 - Exhibit A Page 2 of 2 ,n: SUR`,‘ T 12/14/2021 Item 1• • EXHIBIT "B" to"A-2" PARCEL No. 6 PE PART 2 LINE TABLE CURVE TABLE 'LINE _ BEARING DISTANCE CURVE RADIUS DELTA BEARING CHORD ARC L-1 S 01'01'390E 50.00' C-1 1,000.00' 12'26'054 S 81'56'44"E 216.60' 217.02' L-2 S 89'57'11"E 63.48' C-2 1,000.00' 18'02145" 'S 66'42'19"E 313.66' 314.96' , L-3 S 88'09`46'E' 97.04' REtA81DER OF 21.355 �,DEn J.W. MITCHELL SURVEY Doc. No.2CREENSEDE 012,23100 588850 ABSTRACT No. 589 RRRCC.T. -PROPOSED APPROXIWAIE WCMON — mcIrT-OF-WAY 20'SANITARY SEER MEW D .a//r D I/FIR VOLUME 3255, PAGE StD.R.C,C.T. N57'$I W 728.84. McMILLEN ROAD --' McMILLEN ROAD- 1 - _[ (A VARIABLE WIDTH RIGHT-OF-WAY) I (AN UNDEDICATED REDT-OF WAY) _ ` EXISTING RIa+'T-OF-WAY —1''-i-r __ I W armor SET R.O.W. c...1 LOT YX.BLOCK II MARKER AuiRICER PROPOSED we CRUX mow L-2 IS maim EASEMENT 'NM1OF-i7AY • ;• �►,r •�•T'+ MUMS O. PACE 68 VOLUME 4988. PACE 1811 �•o•B• J+I. y si a« ••1•• P.R.C.c4� ! O.R.C.C.T. try k„ ^«•„„•. U .0.0^-' N ( 39.58 ACRES (BY DEED) m rer--.A ag- �.. ROBERT VANCE TI4URMOND. JR. _ 0 ._„«t Q _ I C.C.F. No. 98-0004942 r. „ „» /1 LOT 40 i DESCRIBED IN VOLUME 1015, PAGE 46 "" '"M7 f BLOCK 8 I DR.C.C.T. µ» » —i- I 0.4382 ACRES (BY DEED) N 87'40'a7't4f ! ; ROBERT VANCE TNURLCDNO. ,tR. t ; DOC.No. 2DI1102000T128080 PERMANENT DRAINAGE 345.24' 1 R,PIRC.C7. 00 50 0 100 EASEMENT AREA 611111111111111_1.11 28.050 SO. E. OR 0.6 ACRES SCALE IN FEET I. A LEGAL OESCRtPTION OF EVEN DATE ACCOMPANIES TEN PLAT. 2. ROW EARNERS ALONG PROPOSE}RtEE--OF-WAY LINE ARE A 5/8'IRON ROD SET ACOUISITION-'n WON BLUE CAP STAMPED VORRONDONir UNLESS OTHERWISE NOTED. LOCATION 3. AU.BEARINGS MD COORDINATES ARE REFERENCED TO THE TEXAS STATE PLANE COMEX/UGC SYSTEM. NAD-83.THE NORTH CENTRAL ZONE 4202,AU.DISTANCES AND AREAS SHOWN ARE SURFACE 4. SURVEYED ON THE GROUND NOVEDRUER 2009. SUBJECT TRACT & LOCATION OF ACOUISRON L City of Wylie hall. 300 COUNTRY CLUB ROAD • TRUE,TEXAS 75098 PERMANENTVOMIT ETCHING DRAINAGE EASEMENT t•N."'�'�e"'�` OUT A !' N. 1SF -,.yam{^z 39.58 ACRE TRACT OF LAND ;)F j;�'QF' FO°s:9U1`"; SITUATED i J.W. MITGHELL SURVEYMABBSSTRACT No. 589 "12 , t CITY WYL COLLIN COUNTY, TEXAS ��l+' _ NO. 98-OO As RECORDED D4942 �/ REAL PROPETY RECORDS OF COLLLN COUNTY. TEXAS �' ' --. •.t: Me . v.a '"'•! 2l :. ' :it -L it I"! 0 • II B ROAD � �. Ti'j%:.., t: i!ll� It A;v;,i .!: ?:�• .ui411.3lt.3:;�x=t sy_r x 9 0903-38887r 7 as z ,., Salk ~.., 31 2014 .. t.+` 3` E` . ...._.AMii,�l'i i,, i.j:-4ati' it ,.t:. 71 12/14/2021 Item 1• EXHIBIT "B" to "A-2" PARCEL No. 6 PR PART 2 CURVE TABLE CURVE RADIUS DELTA BEARING CHORD _ ARC C-2 1000.00/ 18'02'45" S 68'42'19"E 313.66' 314.98' REMAINDER OF 100 50 0 100 21.335 ACRES (BY DEED) CREEKSIDE DEVELOPIZENT.LC, 000. No. 20121231001666860 amiiiiiiiimiii R P.R.0 C.T. r POSED Pam. 1 21R SCALE IN FEET - ' Er R.O.W. MARKER 112.18 ACRES(BY DEEM) PAMELA JOE THRONBURG N 89"57IEW DOC. No.20100418000373400 N 8917'11'TY 728.84' 72.30' R.P.R.C.C.T. 1 W z McMILLEN ROAD ` ,,. (AN MEOWED RIGHT-•07-WAY) RXIHT ♦♦.`♦```. I . PROPOSED 39.58 ACRES (BY DEED) ``•♦♦ `' • U s• RX,1R-OF War ROBERT VANCE THURMOND, JR. • I „;, . r C.C.F. No. 98-0004942 ♦„♦ • -: wM.'" „a?;:» DR.C.0 T. ♦ `♦ ` . 1., 0:44., DESCRIBED IN VOLUME 1015, PAGE 46 'P'MATE `♦ ♦ IS ::'�" :s-w:.iv. S D.R.C.CT. VOLUME 3255.F EA `♦ :::) — ,�• VOLUME iBl ti_ :r» ~ 7«» -4.7? ?Z.r _N 8?40.5rVi 345.24' "21..PERMANENT 2e,88 MEN DRAINAGE ,�•Y�1• 1�fly"• 0' 8 9 0.658 ACRES AgSTR AC NOTES: 1. A LEGAI.DESCRIPTION OF EVEN DATE ACCOMPANIES TKta PLAT. 2. ROW MARKERS ALONG PROPOSED RtWNT-OF-WAY LDtE ARE A 5/8•IRON ROD ACOUISMON7 TM EWE CAP STAMPED 110RRON AA`UNLESSS OT ERWISE NOTED. UPCATION 3. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS STATE PTANE COORDINATE STDMEM rao-04 THE NORTH CEMRAI.ZONE 4202.ALL DISTANCES AND AREAS MOM ARE 'WAVE 4. SURVEYED ON TKE GROUND HEMMER 2009. SUBJECT TRACT & LOCATION OF ACOUISMON �, City of Wylie . a *1! O '[at 300 COUNTRY CLUB ROAD • ME.TEXAS 76o86 EXERT SHOWING ,-- _ PERMANENTT ORAINACE EASEMENT ,r 'cy' -F.-- PERMANENT .•, OUT OF A '„♦P C,►STf,1;k�- 39.86 IN VIEt OF LAND 'y° 'T' * 'I l\TIli SWAIM J.W. MITCHELL SURVEY. ABSTRACT No. 6I19 i CTiY OF WYUE,gCOOLLL COUNTY, TEXAS \ MIF � C.C.F.?ND. 9a-0004942 L24F 549.t . p REAL PROPETY RECORDS OF COLLIE COUNTY. TEXAS r4 Pu! ! • L •L ,•, ., REARM ROAD ; CO .i CLUB ROAD /ii .,f .r r.Ii1<Yr -�_A a. _:litilZ_ OR 0 • - •."-ES l I!:r.:1:.112,:EIZ.:I_!DRAWN an an L:•2/2-l!JiL i!WL! CUB RUTIaswITAL LAND SUMMIT Ej c E.!..t._�L:LA il:t::`S4R11P � 0. ?.. I. - r= is •1•'-�::!!� ,�� ,, • b •.�= ..., AL; .16 .•;1 ;i..u, , i;1 B • 8 8-4 T88 • 72 12/14/2021 Item 1. MCNIILLEN ROAD FROM MCCREARY ROAD TO COUNTRY CLUB ROAD PARCEL No.6 PE PART 3 McMJLLEN ROAD J.W.MITCHRLL SURVEY,ABSTRACT No.589 EXHoff "A-3" 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 Clerk Pile No.98-0004942 of the Deed Records of Coffin County,Texas and being more fully described in Volume 1015,Page 46 of the Deed Records of Coffin County,Texas, said permanent drainage and roadway easement being more particularly described by metes and bounds as follows: • • COMMENCING at 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 Thtunrond,Jr.as recorded in Document No.20111020001125050 of the Real Property Records of Collin County,Texas,said It2 inch iron rod being in the south line of Creekside Estates,Phase IX,an addition to the City of Wylie,Collin County,Texas as recorded in Document No.2017-299 of the Map Records of Collin County,Texas,said V2 inch iron rod being in McMillen Road(a variable width 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 Creekside Estates,Phase 1X, and with said McMillen Road,a distance of 728.84 to a R.O.W. Marker set for the POINT OF BEGINNING of the herein described permanent drainage • easement,said R.O.W.Marker being 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 acre tract of land,with the south line of said Creekside Estates,Phase IX and with said McMillen Road,a distance of 7230 feet to a 1/2 inch iron rod found for the southeast comer of said Creekside Estates, Phase 1X, said It2 inch iron rod being the most westerly southwest corner of a 112.18 acre beet of land(by deed)deeded to Pamela Joe Thronburg as recorded in Document No. 20100416000373400 of said Real Property Records of Coffin County,Texas; THIWNCE North 89 degrees 27 minutes 47 seconds East,with the north line of said 39.58 acre tract of land and with the westerly line of said 112.18 acre tract of land,a distance of 404.37 feet to a point for corner; 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 Exhibit A Page 1 of 2 73 12/14/2021 Item 1. 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 Creek,a distance of 140.81 feet to a point for the intersection of the easterly line of said 39.58 acre tract of land with the proposed northeasterly right-of-way line of said McMillen Road; THENCE North 57 degrees 40 minutes 57 seconds West,with the proposed northeasterly right- of-way line of said McMilIen Road, passing at a distance of 50.00 feet a R.O.W. marker set for reference,in all, a distance of 292.87 feet to a R.O.W. marker set for the beginning of a curve to the left having a radius of 1,200.00 feet,a central angle of I2 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 am length of 270.69 feet to the POINT OF BEGINNING and containing 74,626 square feet or 1.713 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 arc surface. (4) Surveyed on the ground November 2009. Date: December 19,2018 Curtis Smith r Or T Registered Professional Land Surveyory�srF+ ; • No.5494 4i1+ 5494 4r i SUR`l Exhibit A Page 2 of 2 74 12/14/2021 Item 1. EXHIBIT "B" to "A-3" • • T PARCEL No. 8 PR PART 3 , . LOT 27 lOT 28 LOT 24 �� ",,, ••- LOT 29 ` LOT 28 } BLOCK B LOT \-- I CRBB 0B B 'IM •- LOT 33R BOC11df$N!NO.2017--200 r BLOCK B . • MR.QCl: �..- CRBJIKSJBB BSTATBS, MSS ll • r OOCIIAf No 2017-434 . M:B.C.O.T. •• MPRoxotATE LOCAiWN — P.O.C. 20•RARITAN(SEWER EASEMENT MCM I LLEN ROAD II T VOUJNE 3299,PACE 95.D.R.C.C.T. (A MOLE WIDTN RR Fi iT -WAY) �, S 8357'11�E 729.94' .� ... .•. Q . t . w E I OF-WAY z LOT 2x I J BACA'BLOCK SK BORTH Lir CQSERV um= RIGif�-OF MOM 0,PACE SW VOLUME VIA PARE 1011 /" N. I 39.58 ACRES___(BY DEED) /-- ROBERT VANCE RMOND, JR. `-,- ( � C.C.F. No. 98-0004942 ,� c D.R.C.C.T. G --- IT- LOT 49 I VOLUME 1015, PAGE 48 1 D.R.C.C.T. '4"- 1 i 0.4582 ACRES (BY DEED) • 1 ; _ I ROBERT VANCE THURMOND, JR. . 1 C!0 50 4 100 DOC. No. 20111020001125050 R.P.R.C.0 T. J.W. MITCHELL SURVEY SCALE IN FEET' ABSTRACT No. 589 I. A LEGAL DESORPTION OF EVEN DATE ACCOMPANIES ThIS PLAT. "^+-ACOULSJRIN 2. ROW MARKERS ALONG PROPOSED RIGHT-OF Er LOIN ARE A 9/8'IRON ROD SET LOCATION WITH BLUE CAP STAMPED'DDRRONTIONA'CRIERS OTHERWISE NOTED. 3. AU.BEM=AND COORDINATES ARE REFERENCED TO THE TEXAS STATE PLANE CR SYSTEM. E NORTHCENTRAL420Z ALL DISTANCESAND AREAS SIDIWN ARE • 4. SURVEYED ON DiE GROUND MEMBER 20119. SUBJECT TRACT & LOCATION OF ACRUISTtON • r City of Wylie ' i ; 4... .. 300 COUNTRY DLUI ROAD • WVLtE,TEXAS now COW MINE OFPERMANENT DRA€NAGS��deF pRpOADWAY EASEMENT Q'� G,sr��rF- ,�39.88 7RA01Cf OF LANDl'i: rf Q4' * �► L j!t� ; J.W. MITCHELL SU . 1HE No. 889 E- ) 1 CITY OF WYU AS RECORDED DI ' TEXAS ' '.1t11� i+�Uli ' C.C.F. NO. 88-0004942 `\;t' Jr •lf.';' . DEED RECORDS OF COLUN COMM TEXAS ,. a I • �,ti. MCMIILEN ROAD it,' M f i '�, ' I! +�! i1 CLUB ROAD !,''�►-.;.�clf :R N. 0903-3908 ,iL,", [ iiL �'aLt.!!Yt�!� ..:= . pRo ' ' DAM DTO,IB 19 2018 I..'i illl:ioll.ALB .. r.;, pRO › ... LAND SURVEYOR .�•1F W,:i•i`:•' "'fs-1114^',ii B71111 , 71 1, 1 7: -1 Eta , 75 12/14/2021 Item 1. EXHIBIT "1 " to «+A_3„ PARCEL0 , . PART 3 1 ill 1 \ --- r i «',1C ACRE S (fly Cc=D ddGC' .G11 )'TP a $m"lt ie TlzD G 00 C i 2210341201 373I CT titSA§tim ant us, R,f'.R.C,c,T, 11 d'BW J 4 ..,.--'"a S 1r0t71,1?t/ND o. 17-43/ ,.- i I. t.rt.e.C,T.\----- ""` 11 '100 50 0 1 C! t F � t of .Y 1 t00 t t t �' I Im t SCALE IN FEET or M ILLE I ROAD «:, yL (g, W d'gT8 a.F`t ITI PtIT C"r 4''d'1 F-Vase. tr. d?7 l g 1 t 2 44 HARImg PROPOSED- -,N.: N N •a�RHI$!',: �tC«tt5, P9OL WI i - MT RO1 t�L'Ts IocraEDR'! n1C'p R-^GYf'-Y�a'Y .,� y „ 14 1"' 1 I) 1 C. "T a�'.Gx' smugly�StCS� _}SaLtd 1".l°P'"i'CktGkP"•, t,,,,'`th"1f.19'd 3,'."_e, r+Y,;1. �'rt.Ct.L^.`.F. wil Mat? �"»`; --�• "r - tztRDpDSED— ROBERT VA'NCE T"HURM+ ND, JR. 'RTCT' -Dr- Ar C,C.F, ND" 98-0004942 '"` :,z° Cr.R.C.C.T, LINE TABLE il Ti 1a ETF MaIAtCt« VOLUME 1015, PAGEG E 11 PERMANENT MF 4 GEL-1 S T5"57 11 'E72 30 D.€.C.C.T. ROADWAYEASEMENT R EA - L '27. 7.E- 4Q .17" J.W. I � 1 SURVEY 74«826 Q. FT, R I t 7'�- ABSTRACT o. 1.713 ACRES CURVE TABLE ___ CURVE R 4DIUS DEt kA ANGL GORED BEARI ICnCHOR.J LENGTH A G LEN i I It t, C-I 1200.00'1 12'55`2114' N 5 v'08Al 'W , 0 11' 270 G9 Pt=T ES L. A LEGAL DESG I Trot OF E'EN DATE ACC0UR/«".S TIES PLAT, 0. ROW MARKERS T I G PROPOSED OSED £tav«IT^Ce .2 t.tRIE ARE A Sir IRON ROD SET t orgarn WnT DLUC CMM SALIrED ' ORRO D3RA UNLESS DTPfERIOR HOTED. "10 L.T. ALL D ARI ISO AND COORDINATES ARE RTFCPC1 CEO TO THE IE0&S ST/K PLATTE 02e� 0THMC S"5IE'V.-, HAO DT, 1HE NM OR ZONE 4202, ALL DISTANCES AND AREAS 211000 ARE sugggg DI el I. SURVEYED Ott THE Ong* TdCF Et P is glomCCC1UJEt 1' 'TRACT a ak tT"v'. T«;`wui. CD C4OUTITmY guilt t et,Ml3 , wil.'L. TTC:,Y,ra�2mu:+Pt ft PERMANENT uR0N.1C`E.II. Min ROADWAY EASEMENT OUT CF A 4 ., t 1 C.0' " 39.58 ACRE TRACT OF LAND r= STRIATED t i IREd.._� .. �!,W. MITCHELL SURVEY, /TITSTRAC[ No. 589 URIC,I a re' ''IT- CITY OF MLIE, COLLIN COUNTY, TEXAS AS RECORDED iN i I gi C,CS, NO, 98-00049.12 « *� 0 „r � DEED RECORDS OF CCLLIU COUNTY, TTEXASg gt., 2,-ggs g ' N"g PROJECT: tUcLOLLEN ROAD FROM MrCREAFY ROAD TO CD/TI/tTRY" CLUB ROAClgi ACQUISITION AREA., 74.626 SQUARE FEET OR 1,713 ACRES CURTIS SMITH JCn 00 0903-3568 01101/2 II- TWO GAD FILE;DO PE PT:.C31t, RECISTC Y pnoress,DnAL 6010 5[ 1/2/03 0010 DECAl/TIER ID,7010 I ff DN' Et PAGE Di" 3 SCALE: t' 7GC!" NO. I1D D4 TEXAS11PM� 'To. 10 tiliac3 It CORF .'-iDOI A et ASSOSI TES. ND. 7524 AC, NEWELL Dt LILEVARD SOUTH SORT gfSam, Tx. 7o Hi gig^wggs-3 g Fr"+.' agg-g.ggl7E«LY 76 12/14/2021 Item 1. Kt?4,4% mAt.,,y*a :w 4xw+?.., ;e ,a,:{ ;,Ai, ,x ,.aa . ,,,,, i..,4 :,,i,,, °,. 2 „Tv o i _ .. .,. AVM li 1I "B " 10 a,A-3" PARCEL No. 6 PE ,tAR'I 110.1 a3 ACRES (04' OECD) ) .11 0003) JSC TlhtaOrl1JaTC tv roc Nu 301C041030 ti730103 J.W. MITCHELL SURVEY it ABSTRACT No. Do F L-2 04 tA 39.58 ACRES (1Y DEED) 44 CCEERT VANCE TTHURMOtND, JR, C.C,r L,o. 3-�Coo 4E1'2 ` D R.C.C.T, �V VOLUME 1013, PAGE. ==E 411iL', AxINIG 0IEI0N1C D,R.C.C.T, 7 47 E 404.37 7 361W 1 40.81 LI as a .00 itt` L..�-_5_ N 57`40'57i"W. 2011, 01 o 0 S A. ,fi-0:,0 1 A 4 OTSe.E t' 41:.2F rYa �:' Os 41='3.$HD `S ,, '14.4'..ti'll kNI �‘4 r Ai PERMANENT DRAINAGE GE � ROADWAY EASEMENT AREA R EA 74.662E Q. FT. OR 4. , � 1.713 ACRES " \ ig l'i.'3:1 1T\ T/ * `.�;-*. 100 5 010 kIa SCALE IN FEET 1,0 6. A LE30I. S 1 a 0. o EVEN 0010 10.000000ES `R S 011.1. r" n°"t a 000 fit 2, SO MIARN0a?S , CIIP,' €�.0 SET 0,^1U'-Cf W 4 Uuc ME.' VD' RON IIOD 'S "s � � .I;,0.'3ic t 1 iTH BELE CAP STAITOCO, "CC;T,R0p OONA' UI;LFS3 ***Sims: NOTED, .,g „3. ALL BELA ltts'i r k'L" 00:011Sk-VIES,'C *3**akG;G�C7$"0t TUC `�'E,9` S star, RAW,C0ORO'.'1A1E TCi+, RAO- ,ITVSCA2SH %i..FSaR,/ TT `�1E.L . 420'2, « °. G1.310,A C _.__, 1 C AOEAS 340000 ARE SGS1P VI 0 SLII JEm 1 MAC; wEks 4. SOW-Ciro 00- CF.M.D.0 TOLVEHA E,A1 OM. 1.?.C 11I 1ov OF a CC JE 1T(0i 11 'd . , City ofC � w mi.,,,:: k,i L01100 C"4ICAWNS . A PERMANENT ORAE tr'E A' ROADWAY EASEMENT 1 �., 0Ji CS,l R ..11r 3 titI rCFT TRAM OF' LAND >t <, , A SITil.v'TEC3 J1 INC IS. MITCHELL SURVEY, AUS-TMCT N . 5132 0 r I. 0 Ao CITY OF I fLIE, COLON COUNTY, TEXAS It Oa k13s ? A°; 1lCCO0DCD tta . w 00 I ., J a C,C,1, NO. D -0000 4�2 f, A,, r4 C I)�,.�_ JO F1 EEC1 RECORDS OF COLLII�I COUNTY, "a EYA 1, f PROJECT. McMILLENI ROAD FROM LICCRE ARMY ROAD TO COUNTRY CLUB ROAD Li ACQUISITION AREA:A: 74,626 SQUARE FEET OR 4.713 ACRES CURIIS SMITH 1..003 U. 6.0tm-3.50 3 DRAWN TSl"s NCs CAD FILE,. OS PE Ptm.DWG REGISTERED PROFcoctC3!3SS.LAND 1UItA0CCIfi if T.ATE: DECCIJ,+�, 1S. �20111 I CRH17[T 0PAGE 3 OF 3 SCALE. 3` +- TOW" a.0. .�104 TCKIS I7T1RS iN. I0100,;00 041 r.00HONDWIA & ASSOCIATES, NC. . 2524 JACK ,1*****,TIOUL ARO sour* FORT TOOTH,lx, owls '117—ADS-14424 FAX a13r-^40S-17CC1 77 12/14/2021 Item 1. McMILLEN ROAD PROM MCCREARY ROAD TO COUNTRY CLUB ROAD PARCEL No.6 PE PART 4 McMiLLEN ROAD J.W.IVIITflM T.SURVEY,ABSTRACT No.589 EXHIBIT "A-4" Being a permanent slope easement situated in the J.W.Mitchell Survey,Abstract No.589,City of Wylie,Collin County,Texas,said permanent slope 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 File 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 slope easement being more particularly described by metes and bounds as follows: COMMENCING at a 1/2 inch iron rod found in the north line of said 39.58 acre tract of land, said 1/2 inch iron rod being the southeast corner of Creekside Estates,Phase TX,an addition to the City of Wylie, Collin County, Texas, as recorded in Instrument No.2017-299 of the Plat Records of Collin County,Texas,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 the Real Property Records of Collin Co unty,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 West,with the north line of said 39.58 acre tract of land,with the south line of said Creekside Estates,Phase IX and with said McMillen Road, a distance of 72.30 feet to a R.O.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 North 89 degrees 57 minutes 11 seconds West,with the north line of said 39.58 acre tract of laud, with the south line of said Creek:fide Estates,Phase DC and with said McMillen Road, a distance of 728.84 to a 1/2 inch inn rod found for the northwest corner of said 39.58 acre tract of land,said 1/2 inch iron rod being the northeast comer 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 Gillen 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 BEGINNING of the herein described permanent slope easement; THENCE South 89 degrees 57 minutes 11 seconds East,with the proposed south right-of-way line of said McMullen Road, a distance of 13.47 feet to a R.O.W. Marker set for corner; { ExhibitA Page 1 of2 • 78 12/14/2021 Item 1. THENCE South 88 degrees 09 minutes 46 seconds East,with the proposed south right-of-way Iine 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 09 •• degrees 49 minutes 25 seconds and whose chord bears 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 line of said McMillen Road,an arc length of 171.45 feet to a point for corner; THENCE North 88 degrees 16 minutes 35 seconds West,a distance of 170.61 feet to a point for corner; THENCE 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 West,a distance of 12.96 feet to a point for comer; THENCE North 01 degrees 01 minutes 39 seconds West,a distance of 15.01 feet to the POINT OF BEGINNING and containing 3,35I square feet or 0.077 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 • am surface. (4) Surveyed on the ground November 2009. Date: December 19,2018 Curtis Smith • r"�o, OF TA:�• Registered Professional Land Surveyor ,re) o%s No.5494 �' 4,etwf-iiF'i I` lip `r as . ,l!y0 SUR`t.- } Exhibit A Page 2 of 2 79 12/14/2021 Item 1. L'I EX -TIIITAEI I T ".13 " to .A-4" _ P\A.RCEL No. CO PE P..4.1iT 4 iot \,------- ' ' 1."1 tor) i / ..' I - I\ /1 ,,:it r , , , , 1 71 k., il MICK 11 1 t 7 C11NSIVI: KIST/31W. N 1 N PHASE IX IWCii.if ENS" NO. Z017-434 t 1. 1 .-.---1 1 Li ) 1 1 1 00 50 0 100 ot-ii 1 1 1 P.0.C. % 1,4 ...DT 231 1 i .i,''a 1/2•P.., SCALE IN FEET 47, _ I 1 McMILLEN ROAD - 112.15 ACPEt1 [Dr LEE:)) '0 (An VASVJLE (71)Til 0142iir-01-7,Ar) 110 MEL:. JOE tilr*NEW115 ill • H %771 1"A' 00C\ 01. 201C041G000.373493 k 11 ti t1;'57'11-A' 7;1014' 72.30' 1? C..P.R. 0,1...-.' - .. IV V 1.4 *,S 0 \ 0 0 Z 4 5t. I 1 III .-1 I RIC.11T-CF-MY ‘ r „ s. , • 14 , -1- ..-,PACFOSE0 .39.5B ACRES (BY DEE()) % . N,• ki 51 ( '") /Br.111-o TH Ay ROBERT VANCE URM JR.OND, , , C,C.F. No. 23-0004942 ,....• , , /,' a / , • D.R.C.C.T. , \ \, 1' i V I DESCRIBED IN VOLUME 1015, PACE 46 APPF.°Y*1..6CE _L CC"" D.R.C.C.T. • .,Lf .,,,v;17,,,rer 517..v,a FisEr.lzfn ,;,, , 10.4 I / \ C3.SE111V VP.3E1[11 1 vc,.,i.RIE 4966, PACE' 1611 li 1 0\II.C,C.T. . tg . ;.7 I .., I q I i I 4 5 B9 mti 14 tyi tiI C:.6.L. hl $ .... m i. A LEGAL 01.5CriP7t0/1 0,' 1-3JEC 0\%17,. ALC0)\41,4," F.S TH.S FLAT. 2. RC:: LtAri4cris A.,...0,4 F;o7-OSE,O itlr.K-Or-WAY 1311E ARE. A 5/0' non 1(02 sm. ki Waii BLUE 0.-',P STAMPED -0CRROtICOHA' U111.E00 011-3:12171SE GOTED\ A:OctS',1:C1-1- ktt4';',1v • 3. LLL EEAT1IN0S /-"13 COOPLINATES PlE ,-v:rem:/::-.E.D TO Ili': TEvA5. S7A1E PI.ANE CCONOZNATE SYSTE1.4, W‘I)-63 THE nORTIt CEMRAL 20NE 4202, ALL. Er.STANCES ....,_.-) t :,:7 1 A1:A5. .,:i OW'i An. VJRFICE St MAT I IW,CT i'.: 0 4, .S1J3VEYED 0.1 THE Gr101.111.2 110YE1.12Elt 2CCO, k, _ UISM LOCATION Or ACOuN 0 I Ci. -. .. ty of Wylie i c bii- Cri'voyq VYLIE .1.7.0 coutortY 0,...t..Q [IOTA • v.'0,1E, TCXAS 72096 _ .,...„.__, ExoFir 5110`,..y:0 V\ . '-. ft PERVANENT SLOPE EASEMENT CUT 07 A 30.50 ACRE TRACT OF LAND ; ,-,,$„,"',' It VTUATED IN TrE J NI. MITCHELL SURVEY, ABSTRACT Na, L,110 , 04 CU F'I I's.; .. Fq CITY OF WYLIE, COLLIN COUNTY, TEXAS As RECORDED 111 Li ''.( ".(,) fkN't C,,O,F. NO, 08-0004042 I -,°\,',,-. ` DEED RECORDS OF COLLIN COUNTY, TEXAS , , 0f,7,-0 ill / i".,`,-; "--,,1 R'''' !'h PROJECT: FA...MkLLEIs; ROAD FROM ),IcCREI,EY ROAD TO COUNTRY CLUB ROAD L.,,:„,;-''- - -,,`\,,,..,.„„r,,,:,-;',. DI ACQUS1NON AREA: 3,351 SQUARE FED' OR 0.077 ACRES it CUP.11S SMITH tr, ,‘$ Jai N . 050 -3556 BRAVO (IT: RCS CAD nil" DC' PE-FTh'02V0 FIEGISTEI1E0 FR0F1.5310ML 1,1,N0 sulTiFYOR.14: .0, DATE: oFccmaza 19. 2016 E.:04367 II PACE 1 07 2 STALE 1- - 1C7' n0. 5494 TErt-aa F110.1 lb. 1E1%16333 GCli011OGN.4, Zt ASE.001ATES, 111C. • 2524 JAS.:11; 1;ii\WEIL LiGULEVARU '4011111 roar minri, ix. clio . 017-495-1424 FAY 131?-4,0-17C„ ,r,"".,,t,''N.%,'T"; ' A,s,,,t1,'',,".. k.*^'"•rk1'r0'N'oe'rteXrar'Cit..p4kroVA.ls#3,4r.itVW"..V"T.a rrtti4,:4410421141ftv.-Vt,.;14,01,,,.)....1,A 80 12/14/2021 Item 1. AIM, .,.'..-'./44 VAIIIkm`' ,?,,e;,,,,r,,„.,, ,,,,, ,,„„,,,,,,..,,,,,,,,natiohommtot„,,,..,;,,,,,Ihmicalar EXHIBIT "B " to "A-4" 13. 1 e' PARCEL No. 6 PE PART 4 ^ ...- 11 I/Lor.v..- n 111 \ 14 1.1 , LOT mist' 1,17. LOi ../ V.... ..--- Sk*.1 i.11-ri.1')1 IT 50.81 INSTRf Ill ENT NO. .;.'0 17-20.1 4 1.7:47'ti-Ii 67(71',,,trt. 97,04 h i--R r.I E11115 4, 1"0,h Lo 27 > 107 75 \\\ .-- L01 2E. .._..-=------ Il 1-R,LI flAISItt 400 ."...1,11 MX CK I) 1 IMIalri 9,11)1,29 q 15.01 ..---------- -- __. CREEKS 1 DE ESTATES, PHASE IX i II, -- --- PC/El/RENT' ,°,1). 2r17-4,“ For: 1/2-III 7 — A"i,'',1,ItiPMAIE LCC Allan - Vg‘ McMI LEN ROAD / S ip.0. . zi• S,NTARY MERmEm (A rAi VALIME tf, lajr.A9tE WIDTH 11131.1-Di-WAY) , lz 111,5./11-,v 721114' 44 L-3 ... - — — A IIIt 1 < R 01 f /,..-SCT ev -SO 4.0.,W, Li,,,Eti(E8 ki ...._ -----------—-1 w EXIST.11:; F1101,17-67-'1'1,7 --- LO kil ki ' L-7./ Itt.oce r; I .—I ti SAP: CREEK N0R:71 I i01.(1l!F.° 0, PAGE 66 FintrOSED- P,R.C.C.T, W.-Fa-OF-WAY PERMANENT SLOPE i (•-.-) f,1 I I EASEMENT AREA is' COSEFIV EASE. tlit 3,351 SO. FT. OR ..-uun.ir. 1..',.nn pAcr Nil 1— 4 .R.c.c,I. 1,1 i kt 30.58 ACRES (BY DEED)ROB ei— l-'/I- lot 4'.1 \ ERT VANCE THURMOND, JR. , C,C.F. No. 98-0004942 ki 1 tj - 1---,--- \\J 0,1552 Ac.a.r. (ny srcn) D.R.C.C.T. kl.! 4 1 , , \rf°11'.:RT vAtIc': 1"Pum). •,1i- DESCRIBED INVOLUME 1015, PAGE 46 DOE', No. 20111020001125950 11 41. 1 00 50 0 100 14.P.ILC.C.T. D.R.C.C.T. 1, I I 14I ) 17471.74-1_1.1NI"4,0 1/..,1,21_4/41, cli , /..34,ARN, It,t7/4 t.ciIi fo.11ri 1 ty liSCALE IN FEET (..:-.3 100040' 09'49 25 I; 83'15'04 E 17424 17 4.15 II+4 I. A LEGAL DE5CE1P713N CI EVEC: CATZ. CCO'4T'Aj3E5 TIT5 FLAT, 2, now 9,1A11X.€(15 AL0';',; PRCPC3SED r-„Fir-Or.-WAY LINE ARC A 5/0" I0E11 RED LEI ACQL/ISII".;II---3 1,4 NTH ULU:: CAP SPA'/4,0 'r,ORFZONDONA. 1/NLZES frit!L'ImiSE rairra, 03A1 tuu 3. ALL 1EARN(15 MD (.00F.47.4:ATES ARE 11F. E3EnCE0 70 IHF. TEXAS STATE PLANE -) I AK COORFINATE n'sizi.s, mv)-113, ThiE NORTH crraw.L. ZONE 4207, ALL 0.'STAINC7.1 MD ,UTCIIS SHOWN ARE Sligi-ACI7 SUDJEC I TRACT F.: SHENCTE9 ON DIE crwonn 115`./EMEER 2;103. - ., - LOCATION OF ACQUISIT!ON III ii tl ti ti City of Wylie c.,.it Y OF kq Vc'I,IIL ,infl CUJNiFiY L''..A.1il ,.0,,r. ^ "+":1-IA, I L.Y,Va '1I+C 0 17 f.1 rxworr SHCEA1NG • : r",..A.: : _ :',! il. A lq PERLtAITENT SLOPE EASEMENT OUT C7 h. 39.55 ACRE TRACT OF LAND ' %.!°' .. r, ' '"' '4, .. $1 It Srilik7E0 11 THE .,. 0 ,T.W. MITCHELL SURV3'1, ABSTRACT No, 550 *. C .":iS .7:MilI ,t.. li CITY OF Wel IF, COLON COUNTY, TEXAS " 4 °A. AS RECO2.3ED III C.F.C, NO. 90-oc0.19,12. 0.,..!1'' .;',,, ' --- ,-.'i'T, 411 4't ti OLEO RECORDS OF COLLIN COUICY, TEXAS ,PROJECT: MoMILLEH ROAD FROM McOREARY P.i.W.0 TO COUNTRY ('WOEGAD ..- ;.1- , , 0 I4 ACQUISITION AREA:fr 3,351 SQUARE FEET OR 0.077 ACRES CURTIS SMITH,1 0 JCS. Na. 0903-35E5 [CRON D:f: rcs Gan FILE: CA PF-F,111.0WG CA1E: OICEInEft vn, 2318 1 EXH911 9 FW;E. 2 CE 2 SCALE: 1' ., 100. 1400EC.I.S5T4E9EF FTIOTTEEILON(i;iolitt1 SIDLIT2I,S.Y.5,00cill "# CORRONDONA 1,... ASSOCIATES. NC. * 7524 J,'LCII ULAEU. aOliaVeVIIIS ROM FORT wanTii, TX. 75118 • 817-438-1424 FAX L117-450-1759 N'UET;41,104,I,31,11MENOMME Tattif:WAIRkikil.51MEMEMIC,.4=2400110 ItAZIE 011:103swilaitamtwo:45,-matixtarvzswatcovvm,. ,vexukv,t4,144,m,30-motip,,, 81 12/14/2021 Item 2. Wylie City Council CITY OF AGENDA REPORT Department: Public Works Account Code: Prepared By: Tim Porter Subject Consider, and act upon, adoption of Ordinance No. 2021-58 determining a public use,need, and necessity for the acquisition of property and temporary construction easements to expand a public right of way being 6.885 acres tract of land situated in the J.W.Mitchell Survey,Abstract No. 589,City of Wylie,Collin County,Texas,as more particularly described and depicted in attached Exhibits "A," "A-1," "A-2," and"A-3"; among other things,facilitate the construction,access,repair,maintenance and replacement of public roadway facilities and related public improvements in connection with the expansion of McMillen Road from McCreary Road to Country Club Road in Wylie, Texas (collectively, the "Project") in the City of Wylie, Collin County,Texas; authorizing the Interim City Manager and City Attorney,or their respective designees,to acquire the property including making initial bona fide offers,and authorizing the City Attorney to file proceedings in eminent domain to condemn the needed real property for public use,if necessary; and providing an effective date. Recommendation If the City Council desires to approve this item, the form of the motion is required by statute to be made as follows: "I move that the City Council of the City of Wylie,Texas authorize the use of the power of eminent domain to acquire property in fee simple located in the area described and depicted in Exhibits "A," "A-1," "A-2," and "A-3" to the ordinance under consideration by the City Council,for the purpose of the construction, access, repair, maintenance and replacement of public roadway facilities and related public improvements in connection with the expansion of McMillen Road from McCreary Road to Country Club Road in Wylie, Texas and all appurtenances related thereto." Discussion The engineering design of this roadway is complete and City Bond Funding was approved at the November 2021 election. Approval of the Ordinance authorizes the Interim City Manager the use of the power of eminent domain to acquire property in fee simple located in the areas depicted in the attached exhibits. The project is financed through both City and County funds. Financial Summary/Strategic Goals 82 12/14/2021 Item 2. ORDINANCE NO. 2021-58 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, DETERMINING A PUBLIC USE, NEED, AND NECESSITY FOR THE ACQUISITION OF PROPERTY AND TEMPORARY CONSTRUCTION EASEMENTS TO EXPAND A PUBLIC RIGHT OF WAY BEING 6.885 ACRES TRACT OF LAND SITUATED IN THE J.W. MITCHELL SURVEY, ABSTRACT NO. 589, CITY OF WYLIE, COLLIN COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED AND DEPICTED IN ATTACHED EXHIBITS "A," "A-1," "A-2," AND "A-3"; AMONG OTHER THINGS, FACILITATE THE CONSTRUCTION, ACCESS, REPAIR, MAINTENANCE AND REPLACEMENT OF PUBLIC ROADWAY FACILITIES AND RELATED PUBLIC IMPROVEMENTS IN CONNECTION WITH THE EXPANSION OF MCMILLEN ROAD FROM MCCREARY ROAD TO COUNTRY CLUB ROAD IN WYLIE,TEXAS(COLLECTIVELY,THE "PROJECT")IN THE CITY OF WYLIE, COLLIN COUNTY, TEXAS; AUTHORIZING THE INTERIM CITY MANAGER AND CITY ATTORNEY, OR THEIR RESPECTIVE DESIGNEES, TO ACQUIRE THE PROPERTY INCLUDING MAKING INITIAL BONA FIDE OFFERS, AND AUTHORIZING THE CITY ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN TO CONDEMN THE NEEDED REAL PROPERTY FOR PUBLIC USE, IF NECESSARY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City Council of the City of Wylie,Texas(the"City Council"),upon consideration of this matter,has determined that there is a public need and necessity for the health, safety, and welfare of the City of Wylie and the public at large to acquire the property and three (3) temporary construction easements attached hereto as Exhibits "A," "A-1," "A-2," and"A-3," being a total of 6.885 acres tract of land situated in the J.W. Mitchell Survey, Abstract No. 589, City of Wylie, Collin County, Texas, for the public use, among other things, to facilitate the construction, access,repair, maintenance and replacement of public roadway facilities in connection with the expansion of McMillen Road from McCreary Road to Country Club Road in Wylie, Texas(collectively,the "Project"). WHEREAS,the City Council finds that the description of the Property, attached hereto as Exhibit "A", to be acquired by eminent domain for the Project complies with applicable law in that the same provides the property owners in and around the area reasonable notice that the owner's property may be subject to condemnation proceedings during the planning or construction of the Project; and WHEREAS, the City Council has further investigated and determined that the Project constitutes a public use for a public purpose; and WHEREAS, the City is required to make an initial offer as defined by and in compliance with Texas Property Code § 21.0111 ("Initial Offer") and a bona fide offer, as defined by and in compliance with Texas Property Code§21.0113("Bona Fide Offer")to acquire the Temporary Construction Easements on the property described herein for public use, voluntarily, from the subject landowners prior to moving forward with the acquisition by eminent domain; and WHEREAS, the City Council now deems it necessary to authorize the City Attorney to initiate condemnation proceedings in order to acquire the necessary Easements. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS THAT: Ordinance No. 2021-58 Eminent Domain McMillen Road Page 1 3575030 83 12/14/2021 Item 2. Section 1. The City Council hereby finds and determines that the recitals made in the preamble of this Ordinance are true and correct, and incorporates such recitals the body of this ordinance as if copied in their entirety. Section 2. The City Council of the City Wylie hereby finds and determines that a public use and necessity exists for the Project and authorizes acquisition of the necessary property rights in and to the Property for such purposes, as allowed by law, together with all necessary appurtenances, additions and improvements on, over,under and through those certain lots,tracts or parcels of lands. Section 3. The City Council authorizes the City Attorney or his designee to negotiate for and to acquire the required property rights for the City, and to acquire said rights in compliance with State and any other applicable law. Moreover, the City Attorney, or his designee, is specifically authorized and directed to do each and every act necessary to acquire the needed property rights including,but not limited to,the authority to negotiate, give notices,make written offers to purchase,prepare contracts,to retain and designate a qualified appraiser of the property interests to be acquired, as well as any other experts or consultants that she deems necessary for the acquisition process and, if necessary, to institute proceedings in eminent domain. Section 4. The Interim City Manager, or designee, is appointed as negotiator for the acquisition of the needed property interests and,as such,the Interim City Manager or designee is authorized and directed to do each and every act and deed hereinabove specified or authorized by reference, subject to the availability of funds appropriated by the City Council for such purpose. Further, the Interim City Manager or designee is specifically authorized to establish the just compensation for the acquisition of the Property. Additionally,if the Interim City Manager or designee determines that an agreement as to damages or compensation cannot be reached, then the City Attorney or designee is hereby authorized and directed to file or cause to be filed, against the owner(s) and interested parties of the needed property interests, proceedings in eminent domain to acquire the above-stated interests in the Property. Section 5. This Ordinance shall become effective immediately upon its passage. DULY PASSED AND APPROVED this the 14th day of December, 2021. Matthew Porter,Mayor ATTEST: Stephanie Storm, City Secretary APPROVED AS TO FORM: Richard Abernathy, City Attorney Ordinance No. 2021-58 Eminent Domain McMillen Road Page 2 3575030 84 12/14/2021 Item 2. McM LLEN ROAD PROM MIRY ROAD TO COUNTRY CLUB ROAD PARCEL No.7 McMI LLEN ROAD J.W.NIITCHELL SURVEY,ABSTRACT No.589 EiIIBBIT"A" 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 comer of said Lot i 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 comer 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,km.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 ve 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 Mchfdlen Road, an arc length of 188.62 feet to a R.O.W. marker sat for corner; • Exhibit A Page 1 of 3 85 12/14/2021 Item 2. 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,Ir. 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 comer; 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 corner 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 fight-of-way line of said McMullen 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.fl+arkPt 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.O.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 RAW 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 11218 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 lane 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 86 12/14/2021 Item 2. Notes: (I) A plat of even survey date herewith accompanies this legal description. (2) R.Q.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 �E OF p Registered Professional Land Surveyor t;tr � � fR• -fs No.5494 tfl \,1" 11. 5494 f Q� Exhibit A Page 3 of 3 S UR`• 87 12/14/2021 Item 2UNE TABLE . UNE BEARING OIFANCE EXHIBIT !!B!! L-1 S 8853'0319 912.84' PARCEL No. 7 L-5 S 8,11'30'R 282.4r L-6 N 8818'48'E 80.58` ACOIRS ON L 7 S 00.1247'W 53.71' 0 0 X SUBJECT TRACT & LOCATION OF ACQUISITION g 2 /81R 0 M a S,jN S1R,�6� W/C MD i _, — WapU I W. ri► �P 1 �1�' 7 LOT 1 w W N B �BST� '� ofIt. a V v. 4 p a 199.22 ACRES OFEED} I q 14 Z 40.00 ACRES (BY DEED)1t D-DREAMS. INC. DOCUMENT No. 20070514000548930 {r rj 3 DOCUMENT No. 200701310001421150 R.P.R.C.C.T. I r R.P.R.C.C.T. VOIASTE 555. PAGE e8 4 a4' e1•is W a. 1 D.R.C.C7. N c as. o G t4 �0o4aa = 43 S 1 MCMILLEN ROAD44* N t (AN UNDEDICATED RIGHT—OF—WAY) P.O.C. �3 k V FRO 1/2'tR I..... L-5 L-6N. -L-7 W/CAP (EL CistE)1 _ _ er E ti's S 89'02'10 V 1979.38' "'' -S 00'2528•E — 56.81• L-1 _ __ P.D.B. ~ T _ i I _ _ . LOT 10 LOT 9 LOT 8 I ' 1 RIGHT-OF-WAY ACQUISSON AREA 1 C$ "jj p GBH 621 1 187,579 SQ. FT. OR VQ 1J$p.R.G.C•T' 3.847 ACRES I NOTE 1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PUTT. 2. RCN,STARKERS ALONG PROPOSED RIGHT-OF-WAY LONE ARE A 5/8'IRON ROD SET WITH BLUE CAP STAMPED •GORRONDONA• UNLESS OTHEITRISE NOTED. 3. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE 200 100 0 200 8TSTEM.NAD-83.THE NORTH CENTRAL ZONE 4202.ALL DISTANCES AND AREAS SHOWN ME SURFACE 4, SURVEYED ON THE GROUND NOVEMBER 2C08. SCALE IN FEET N ? City of Wylie OF t YLIE 300 COUNTRY CUia ROAD • WYUE, TEXAS 75098 EXHIBIT AST'SHOWING '- RIGHT-OF-WAY ACQUISITION ---., OF i OUT OF A ,�P•.•••i;tiSTFR•. -J_ '\ 112.18 ACRE TRACT OF LAND h e4, 8't l e..7 i,RIMMED , J.W. MITCHELL SURVEY,�ABSTRACT No. 589 CITY OF WYLIEE COLLIN COUNTY. TEXASRE \ r DOCUMENT No. 220100004 6000373400 \ A'l7 -.• 4;.•'0/ REAL PROPERTY RECORDS OF COLUN COUNTY TEXAS ' . "I, I1;ait.lxt3'}�?:L itlER�IiTi:{�r•1�12:{�l'TUFTISSil t'a:3!r.5191I � 1 /%` .a •.'f�- rwau i 1;1-91.14l472431 !'.J,i _3iff!1:#itiliN I CURTiS sun JOB No. 0903-3588 DRAWN BY:JPH CAD FILE: 07 ROW.DWG REGISTERED PROFESSIONAL LAND SURVIDOR DATE:MARCH 31 2014 I.-2._ !:s17 5494 L. u:. imam GORRONDONA&ASSOCIATES.INABMC. • 7524 JACK N BOULEVARD SOWN FORT WORTH,IX.76118 • 817-496-1424 FAX 817-498-1788 88 12/14/2021 Item 2. 4 EXHIBIT "B" PARCEL No. 7 ACOUISTTION a LOCATION errIAE..+0- SV 5;, SUBJECT TRACT & �:•`. OLUI COWRY PAGE ENT 181 IA11'. N0. 5 LOCATION OF ACQUISITION ```�`,% uME D.6R..C.BB.TALE 1911 1 41• SIRA,CI `: `.'`� cif PAMELA JOE THRONBURG APPROXIMATE LOCATION 4 PASSING AT DOCUMENT No. 20100418000373400 24'� SANITARY A 20.0' SANITARY R.P.R.C.C.T. SEWER EASEMENT .. SET VOLUME 325 \ R O.W.5. PACE 55 SEWER EASEMENT O.R.C.C.T. ' VOLUITE 3255, PAGE 66 D.R.C.C.T. RIGHT-OF-WAY 39.58 ACRES BY DEED `: . C ACQULSiTTON AREA 808E. VA C E (BRIiONo}JR •'o Q * ••:•• SET R.o w. 167,579 SQ. FT. OR C.C.F. N "" N k':r: MARKER o. 98-0004942 ;� -:: ::. 3.847 ACRES D.R.C.C.T. 7. T S G COSERV EASEMENT W VOLUME 1015. PACE 48 :.1.-4V :~ tix▪ 3 VOW NE 4845. PACE 1339 v:.tis rx.. DRC.C.T. Z. », txSA:.: O.R C C T. z -.�, , »: 5.0' VERSON EASEMENT �. w':: ' VOLUME 5419. PAGE 834 �1 t. ;y:: :i • DRC.C.T. PASSING AT p ,:?.5: _ Z MARKER 120.08'A U •X SET R.O.W. ,a;;` �$ v. MARKER �:ts SET +yam•MARKER _ :•� �. b�• SET SURVEY NAIL 0. • - • - "�.. - L-1 LINE 8EARLHNE G DISTANCE �'J BLE " "{ (pQNp-� L-1 S 88'S3'03'TUU 912.84' McMILLEN ROAD N ,35736•s T (AN UNDEDICATED RIGHT—OF—WAY) L--4 S 5740'57"E' 317.02' Lr 1 S 8811'30"E 282.47' LOT 10 CURVE RADIUS DELTA ANGLE CH�TBBEARING CHORD tENG AR ARC LENGTH L, $ Gg 62� C-2 iDO0.0IT' a30'3s" N 7722' 6't3E 52�1' 5S3�2448' YO C = g; FAO tl�p. C Cr.0 NCTES4 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.W8ESS OTHERWISE NOTED. 3 ALL BEARINGS Ate COORDINATES ME REFERENCED TD THE TEXAS COORDINATE ZL)L3 T 00 0 20O SYSTEM, NAD-83.THE NORTH CENTRAL ZONE 4202.ALL DISTANCES AND AREAS SHOWN ME SURFACE 4. SURVEMO ON THE GROUND NOVEMBER 2009. SCALE IN FEET City of Wylie ITy OF EI 300 COUNTRY CLUB ROAD • WYLIE.TEXAS 75098 EXHIBIT ASEt SEWING RIGHT—OF—WAY ACQUISITION OUT T OUT OF A i'4Q..EG15TCF ..�{` 112.18 ACRE TRACT OF LAND J.W. MITCHELL SURVEY. ASITUATED N BSTRACT No. 589 �� CU:' S SMI Air CITY OF WYLIE. COLLIN COUNTY, TEXAS x,,...< AS IN ' S49 ,.: DOCUMENT No. 20100416000373400 - '�.. SS°'•,..�0 REAL PROPERTY RECORDS OF COLLIN COUNTY. TEXAS , «...., r 1�;�1it►><i �T (II5:!♦i ► '► �LTL�I i y'1i1'�;�►7_1olio •�•1` Tull 40 :7:t►._... .1 s f ""r y;_•a• 111(•Ii'LW:;41 1".~1161�T 1 .�� .0, ..{:�i�S.,..'•t R!(.i SM.�,i iw' JOB No. 0903-3588 CAD TILE:iv ROW.DU"G ex,,, 5'.sr PROFESSIOWLI.LAND SURVEYOR DATM MARCH 31 2014 E10RRTT B -AGE OF 2 .r•. ' 04 FIRM No. • r.:}:.r,r GORRONDONA a ASSOCIATES,INC. • 7524 JACK NEWW.BOULEVARD �•~ FORT WORTH.TX.mu 817-498-1424 FAX 817-498-17 88 89 12/14/2021 Item 2. McMILLEN ROAD FROM McCREARY ROAD TO COUNTRY CLUB ROAD PARCEL No.7 TB McMILLEN ROAD J.W.MWC IELL SURVEY,ABSTRACT No.S89 EXHIBIT "A-1" 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 Coffin County,Texas,said temporary construction easement being more particulady described by metes and bounds as follows: • COMMENCING at a 1f2 inch iron rod with cap (illegible)fotmd 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 Bast, 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 Kath tyn 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 laud(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 Bast,with the east line of said 112.18 acre nut 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.madam 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 8058 feet to a R.O.W. madder 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; Rxhihit A Page 1 of 3 90 12/14/2021 Item 2. THENCE with said curve to the right and with the proposed north right-of-way line of said McMillen Road,an arc length of 532.48 feet to aR.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 comer in the east line of said 39.58 ace 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; T ENCE with said non-tangent curve to the left,an arc 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 am 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 arse tract of fend; 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 distances of 21.27 feet to the POINT 00'BEGINNING and containing 90,651 square feet or 2.081 acres of land,more or less. Exhibit A Page 2 of 3 91 12/14/2021 Item 2. 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 an: surface. (4) Surveyed on the ground November 2009. Date: March 31,2014 Curtis Smith OF t)F Registered Professional Land Surveyor -yy'N t E4 f,�N No.5494 \ V j,/rss% -*9if ce Exhibit A Page 3 of 3 �. Stag 92 12/14/2021 Item 2. EXHIBIT "B"to ::A-l" UKWC MU REARM INSTANCE. PARCEL No. 7 TE L-1 N Oa12'47 71* L 2 s&ale as oa L-3 N�11 30'N" 282. 7' 1-7' S 73'33'2'E 12.07' L-8 S 00'12'47W 21.27' o 11:3—it aCOUISMON itURVE WM 0 J ^ O MATX)N CF ORAL roglirA(INt' J au=among 1 ®� SUBJECT TRACT & Rva'ts�g,{• Tt•/cam{s am`'WIV _ z v I LOCATION OF ACQUISITION Su ��pa !W ��SRSak 7A6 LOT 1 A i J c ..... ABS�RPC�I R0 A1N t�tt of 0,1 O: 199.22 ACRES(BY DEED) k o c 40.00 ACRES (BY cm =BERM SKINNER I q a kt (0 Z a D- DOCUMENT No.20070514000648930 1Lf cS t~ v oocuuE1+T No. 20070131000142850 R.P.R.C.C.T. F! �� U . W R.P.R G.C.T. YDW1tE 553, PACE 68 C3•a7• C'+Q C1 0. ! O.R.C.C.T. C 03 Z 0 McMILLEN ROAD 1 ! J p I (AN UNDEDICATED RIGHT-OF-WAY) ( . z E rG3 N 1 .�t.y P.D.B. I P.O.C. 1.........r F. PARKER 1 ' ' 1- L-2 _L i s B9'aYtoV! 1s7838• ---, s oans'281 ..-� "' M SET Racy. saHr MARKER 1. .... — — — TEMPORARY coNsfRuenoN LOT 10 I LOT 9 LOT 8 EASEMENT AREA 90.651 SQ. FT. OR N "fall g21 2081 ACRES I �CMIi•1' , MAGR I YOLus p.R'C'C'T.1 I I NOTES: 1. A LEGAL.DESCRIPTION OF EVEN DAOE ACCOMPANIES T10S HAT. 2. ROW WAXERS ALONG PROPOSED RW*fT-OF-WAY IFNE ARE A 8/8'IRON ROD SET WITH OWE CAP STAMPED GORRONDONA'MESS OTHERWISE NOTED. 200 100 0 200 3. ALL BENW(GS NW COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE SSYYSSTTEM, SURFACEN NORTH CENTRAL ZONE 4202.AU.DISTANCES AIR!AREAS ARE4. SURVEYED ON THE GROUND NOVEMBER 2013. SCALE IN FEET City of Wylie ial, ,�_ 300 COUNTRY CLUB ROAD • WvUE.TEXAS 75098 EXHIBIT SHOWING •• -„. TEMPORARY CONSTRUCTION EASEMENT .E-.9...., 1 OUT O?A .•'�.�s ..-di�.:4,;314 112.18 ACREsTRACT OF LAND mot, Tor I. t J.W. MITCHELL SURVEY, ABSTRACT No. 589 �� CITY OF WYLIE COLLN i COUNTY, TEXAS :'t" ' ` AS RERDED:1 NI 1 4 DOCUMENT No. 20100416000373400 3 ;' REAL PROPERLY RECORDS OF COWN COUNTY, TEXAS rA. E ,,f t•!a1tfM 1 SI A FAhl.]tll:Sf_. fi:411.111111111111011111111111111111111111.1CURt1S SMITH MR .• 0803-3508 -,MMUZIMINIIIMINIMIIIIIIIII CAD 1 07 TEW.P.OWO sr�,7•�„ ••...x> . DARE:WARM 31 2014 ....4.2.11 B PACE 1 OF 2 ,.{ 4j 'fit i..L.tr. 'f::'-': CIA&ASSOCIATES.INC. • 752 JACK RENEW BOWZYARD SOUTH '.• TX. 78/10 • 817-488-1424 FAX 81 8-1 93 12/14/2021 Item 2. EXHIBIT "B" to "A-1 tt PARCEL No. 7 TE lt.CUSGiON ... _ v rill LOCATION - 'N VRyE't '1 15.0'COSERY FASkxLEHT „.N'% VOUt1ie 4986, PAGE lest C�E.4-%" 589 SUBJECT TRACT & c o.R.C.C.T. ,t l• Mt1 A�.� Na O. LOCATION OF ACQUISITION ' A�SZR 112.18 ACRES (BY DEED) %•*\�� PAMELA JOE THRONBURG s WN •,�\; `?... s SANITARY EMER r DOCUMENT R.P.o. R.C..C.T1600O373400 , SEWER EASEMENT .�', „ 1 VOLUTTE 3255. PACE 66 VOLUME 3255, PACE SS �.`; »» O.R.C.C.T. TEX�� D.R.C.C.T. •z FIY PASSING AT • =-•• ;;'+, au' NSTRUCZION 297.02'a `%.�' „:::A VOLUME PAGE9 EASEMENT AREA SET R.O.W. ~'': � .:. D.R.C.C.T. 1dARICFJi .. 90,051 SQ. Ft OR ,�'�. N : .c. so'VER1mON EASEMENT 4 2A81 ACRES W�* _ 2 VCU*IE 5419. PACE 39 58 ACRES(BY DEED) / %ay��`. ` D R C C T. ROSERr vANCE TKtTRAtONO.JR. _- C.C.F. No. 98-0004942 PROPOSED ;4,..` = -^...,� :I D.R.C.C.T Rc91ir-of-via •0. _ t L-8 � VOLUME 1015.PACE 46 g SET R aYL ...%% .» .~~. ',�',,,' :'! ,•••"'3 I D.R.C.C.T. „�. Rt6R T••OF••WAY Q UlNE 111$1.E WARM DISTANCE- -i3 1 set McM1LLEN ROAD E-4 57`{ ' 7'ti aixox (AN UNDEDICATED RIGHT—OF—WAY) i,-5 rr 4 Y38'E iRt.63' L-8 S 8811'30'E 53.74 CURVE paw LOT 10 CURVE CA R. i 3033.E CKa110 MGM t 1ni ARC N FABM 621 ifP CC••3 ' 8 7.oa' _ S 80'S2 228.51� 2229.13' YoLU[ C CAT• P• NIT= 1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT. 2. ROW MARKERS ALONO PROPOSED NIGHT-OF-WAY LINE ARE A BA"IRON ROD SET WITH BLUE CAP SEWED'GORRDHDOIIA UMW Gomm NOTED. 2Q0 1 Q� 0 2t30 3. ALL BEARINGS AND COORDINATES ARE RN�ENCED TO THE TEXAS COORDINATE SYSTEM. h HAD-a� NORM CENTRAL.ZONE 420?.AU.DISTANCES MD AREAS IIIIIIIIIIIIIIIIIIIIII SKIM AREACE 4. SURVEIED ON THE GROUND EMBER 2009. SCALE IN FEET City of Wylie OF Tf1lE 300 COUNI1W CLUB ROAD • WYUE.TEXAS 75098 V Doom mown TEMPORARY CONSTRUCTION EASEMENT ' F. OF,�Tr• ' 112.18 ACRE TRRA OF CT OF LAND ;Uj 44S. voi.sta..... J.W. MITCHELL SURVEY. NABSTRACf No. 589 ixt t CITY OF WYUEE. COLLIN COUNTY, TEXAS ,,, ' 43, DOCUMENT No. 20100 6000373400 11/" .;'' 7 REAL PROPERTY RECORDS OF COLLIN COUNTY. TEXAS O II- .i in11TL�'4I PI Qt;rgagli i+iut u !3it:I.4111.11►i. J.i IUii•Eil:ic�aa.� ��~ S j'' .-- 11:,t._Sy141[• t.: " x CURTIS SMITH .108 1Lo.0903-3568 E=IIAMIIIIIIIMMINIMINI CAD FUE 07 TEMP.DWG ROISTERED PROFESSIONAL LA/81 SURVEYOR DATE: .- 31.2014 + .Alili.D1.liziCle. '.AMMI SCAM -a 250" ND.5494 .3, it'' No. 10106900 GORRONDONA&ASSOCIATES.INC. • 752 .-'.= OBW.YARD SOUTH FORT WORDM,TX.76118 • 817-496-1424 FAX 817-486-1768 • 94 12/14/2021 Item 2. McMILLEN ROAD FROM McCREARY ROAD TO COUNTRY CLUB ROAD PARCEL No. 7 TE PART 2 McMILLEN ROAD J.W. MITCHELL SURVEY,ABSTRACT No. 589 EXHIBIT "A" 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 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 passing at 739.39 feet 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, 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 "GORRONDONA" set for the POINT OF BEGINNING of the herein described temporary construction easement, said survey nail with washer stamped "GORRONDONA" 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 "GORRONDONA" 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 of 3 95 12/14/2021 Item 2. THENCE South 88 degrees 53 minutes 03 seconds West, with the south line of said 112.18 acre tract of land and with the north line of said Lot 10, a distance of 218.67 to a point for corner; THENCE North 58 degrees 30 minutes 52 seconds West, a distance of 111.30 feet to a point for corner in the easterly 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 Muddy Creek; THENCE North 14 degrees 22 minutes 36 seconds East, with the easterly line of said 39.58 acre tract of land and with said Muddy Creek, a distance of 109.69 feet to a point for the intersection of the easterly line of said 39.58 acre tract of land with the proposed southwesterly right-of-way line of said McMillen Road; THENCE 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. marker set for reference, in all, a distance of 140.06 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 10 degrees 48 minutes 26 seconds, and whose chord bears South 63 degrees 05 minutes 10 seconds East, a distance of 188.34 feet; THENCE with said curve to the left and with the proposed southwesterly right-of-way line of said McMillen Road, an arc 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 96 12/14/2021 Item 2. 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: January 3,2019 Curtis Smith '\ Registered Professional Land. Surveyor cc., OF No. 5494 ' (4'L.) wtter 4 CURTIS SMITH f° 5ZV;Q r. spy S � UR ,. Exhibit A Page 3 of 3 97 12/14/2021 Item 2. EXHIBIT "B " PARCEL No. 7 TE PART 2 W. PATTERSON SURVEY LINE B8' I3"W 912.84' � L—'1 S 88'S3 03"W 912.84' O ABSTRACT No. 716 W Ce 0 ( ACQUISITION END 5/8"IR ©Z 0 LOCATION W/CAP (ILLEGIBLE) — — m oc©U P SUBJECT TRACT & in LOT 1 to °U LOCATION OF ACQUISITION M W W©NC' ° 0© REMAINDER OF °' V cv 199.22 ACRES (BY DEED) I 00`S Z 40.00 ACRES (BY DEED) KATHERYN SKINNER fq ft, 1 .Ww D—DREAMS, INC. DOCUMENT No. 200705 1 4000 64B930 I .. L E"4 cj I DOCUMENT No. 200701 31 000 1 42850 R.P.R.C.C,T. '' `C W R.P,R.C.C,T. VOLUME 555, PAGE 68 M V Q'V w 7---- g I D,R.C,C.T. 0 • --fir I. © �w�`�� L U ^ o cCNaw* EN McMILLEN ROAD FND 1/2"IR Ell'-•r , (A VARIABLE WIDTH RIGHT—OF—WAY) W/CAP (ILLEGIBLE) E V PROPOSED PASSING AT I--- RIGHT—OF—WAY 739.39' —"'— — S 00°25'28"E L-1 S 89'02'10'w 1979.3B' 56.81' LOT 10 LOT 9 LOT 8 FABMS CMTLLEN p,G 621 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. 200 1 flfl Q 200 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. SCALE IN FEET City of Wylie "CITY�F YLTB 300 COUNTRY CLUB ROAD • WYLIE, TEXAS 75098 — s EXHIBIT SHOWING �' � TEMPORARY CONSTRUCTION EASEMENT *%„QF T . OUT OF A G1Sr&�•. + 112.18 ACRE TRACT OF LAND c/) q a":pkn SITUATED IN THE J.W. MITCHELL SURVEY, ABSTRACT No. 589 RTIS SMIIF CITY' OF WYLIE, COLLIN COUNTY, TEXAS DOCUMENT No.R2©1©041600©373400 ECORDED IN r-7 .„9,t-5494 REAL PROPERTY RECORDS OF COLLIN COUNTY, TEXAS PROJECT: McMILLEN ROAD FROM McCREARY ROAD TO COUNTRY CLUB ROAD S A BRNo510803—568 22 148 S*DRAWN BY RC FEET OR 0.50$ ACRES JCAD FILE: 07 TEMP 2.DWG REGISTERED PROFESSIONAL LAND SURVEYOR DATE: JANUARY 3, 2019 EXHIBIT B PAGE 1 OF 2 SCALE: 1" = 200' NO. 5494 TEXAS FIRM No. 10106900 GORRONOONA & ASSOCIATES, INC. • 7524 JACK NEWELL BOULEVARD SOUTH FORT WORTH, TX. 76118 • 817-496-1424 FAX 817-496-1768 98 12/14/2021 Item 2. EXHIBIT "B " PARCEL No. 7 TE PART 2 ID ------— -C°A° 5S9 \\• • . • / ACQUISITION\ VA\ \:‘ I \ 15.0 COSERV EASEMENT "J NO• LOCATION 3 3\ , r- _/•,•\/—VOLUME 4988. PAGE 1811 APPROXIMATE •'.1/4"• D.R,C.C.T. LOCATION /•\•\• 20,0 SANITARY • • • 6- c., LOCATION OF ACQUISITION \ \ SEWER EASEMENT \\\ • VOLUME 3255, PAGE 55 \\\ \\ D.R.C.C.T. \\ \ 4‘ MO' SANITARY • \ SEWER EASEMENT • r, 112.18 ACRES (BY DEED) 39.58 ACRES (BY DEED) • VOLUME 3255, PAGE 66 ROBERT VANCE THURMOND, JR. \ • •• • • D,R.C.C.T. PAMELA JOE THRONBURG DOCUMENT No. 98-0004942 • DOCUMENT No, 20100416000373400 R.P.R.C.C.T. • • R.P.R.C.C.T. VOLUME 1015, PAGE 46 •-.. D.R.C.C.T. '?/ 13/P '''•, QPAO 5.0' COSERV EASEMENT 11J — -z.,---, -, -'4,,4.$'0 VOLUME 4845, PAGE 1339 TEMPORARY PASSING / ''''>•:,-..:-. .., 'IP -9)- D.R.C.C.T. Z CONSTRUCTION AT ?cLoo. ''':•-• '. 5.0' VERIZON EASEMENT --I EASEMENT AREA SET R.O.W. ..'i.', .... MARKER :''''','''..,,..:,', VOLUME 5419, PAGE 834 22,148 SQ. FT. OR MARKER,,,—SET R.O.W. D.R.C.C.T. I MARKER "•`-:.., `-, 0.508 ACRES v.i ,::%.,-.%. "as PROPOSED 't'''',:z.-• ',,, 0 ': ::::,:•,... RIGHT-OF-WAY •:.":, •-•,3•.- -.. -;•••"- N- ,.,.........=.=2.y.,.. ..... ... I— i-.....‹....z,"-.. L-3 , - L-2 - — P.O.B. .71 LINE WOE, SET SURVEY NAIL McMILLEN ROAD LINE' BEARING__,,VISTANCE W/WASHER STAMPED L-1 S 88'53 03-W 912.84' Ait/Do, "GORRONDONA" (A VARIABLE WIDTH RIGHT—OF—WAY) L-2 S 138'53'03W 218.67' ' CR4-4../c. L-3 N 58'30'52-W 111.30' L-4 N 14'22'36E 109.69' LOT 10 L-5_S 57'4057E 140.06' CURVE TABLE ra FARMS 01 g N pPGE . CURVE RADIUS DELTA ANGLE CHORD BEARING CHORD LENGTH ARC LENGTH MC jji C-1 1000.00' 10'4826" S 63'05'10"E 188.34' _ 188,62' vOL VMEJZ.C•Cr' 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 200 1 00 0 200 SYSTEM, NAD-83, THE NORTH CENTRAL ZONE 4202, ALL DISTANCES AND AREAS 1Iii1 SHOWN ARE SURFACE , 4. SURVEYED ON THE GROUND NOVEMBER 2009. SCALE IN FEET City of Wylie , C r I'Y 0 r YL TE MO COUNTRY CLUB ROAD • WYLIE, TEXAS 75098 EXHIBIT SHOWING 1 A OF ------ i TEMPORARY CONSTRUCTION EASEMENT i OUT OF A Nt./*6\'':.1'e,r,;'•• + 112.18 ACRE TRACT OF LAND ' , SITUATED IN THE J.W. MITCHELL SURVEY, ABSTRACT No. 589 11 1 1 CURTIS SMITH CITY OF WYLIE, COLLIN COUNTY, TEXAS AS DOCUMENT No.RECORDED IN r ' .13 5494 20100416000373400 .,..0 ar '0 REAL PROPERTY RECORDS OF COLLIN COUNTY, TEXAS \ S PROJECT: McMILLEN ROAD FROM MoCREARY ROAD TO COUNTRY CLUB ROAD ACPUISITION AREA: 22 148 SQUARE FEET OR 0.508 ACRES CURTIS SMITH ---,,,, JOB No. 0903-3568 DRAWN BY: RCS CAD FILE 07 TEMP 2.DWG REGISTERED PROFESSIONAL LAND SURVEYOR ' DATE: JANUARY 3, 2019 EXHIBIT B PAGE 2 OF 2 SCALE 1" = 200' NO. 5494 TEXAS FIRM No. 10106900 I 1 GORRONDONA & ASSOCIATES, INC. • 7524 JACK NEWELL BOULEVARD SOUTH FORT WORTH, TX. 76118 • 817-496-1424 FAX 817-496-1768 99 1 . 12/14/2021 Item 2• Me IILLEN ROAD FROM McCREARY ROAD TO COUNTRY CLUB ROAD PARCEL No.7 TE PART 3 McMILLEN ROAD J.W.MITCHELL SURVEY,ABSTRACT No.589 Exatur "A-3" Being a temporary construction easement situated in the J.W.Mitchell Survey,Abstract No.589, City of Wylie,Coffin 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 mom 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 112.18 acre tract of land, said 1/2 inch iron rod being the southeast corner of Creekside Estates,Phase IX,an addition to the City of Wylie,Coffin County,Texas,as recorded in Document No.2017- 299 of the Map Records of Collin County,Texas,said U2 inch iron rod being in the north line 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 said Deed Records of Collin County,Texas,said 1/2 inch iron rod also being the southeast corner of the existing right-of-way line of McMillen Road (a variable width right-of-way); THENCE North 00 degrees 32 minutes 13 seconds West,with the west line of said 112.18 acre tract of land and with the east line of said Creekside Estates,a distance of 30.00 feet to a point for corner, from which a 1/2 inch iron rod with cap stamped "Roome" found for the northwest corner of said 112.18 acre tract of land bears North 00 degrees 32 minutes 13 seconds West,a distance of 2,638.99 feet; THENCE North 89 degrees 27 minutes 47 seconds East,a distance of 652.34 feet to a point for corner; THENCE South 00 degrees 32 minutes 13 seconds East, a distance of 30.00 feet to a point for an interior ell corner in the west line of said 112.18 acre tract of land,said point being the northeast corner of said 39.58 acre tract of land; THENCE South 89 degrees 27 minutes 47 seconds West,with the west line of said 112.18 acre tract of land and with the north line of said 39.58 acre tract of land, a distance of 652.34 feet to the POINT OF BEGINNING and containing 19,570 square feet or 0.449 acres of land,more or less. Exhibit A Page 1 of 2 too 12/14/2021 Item 2. Notes: (1) A plat of even survey date herewith accompanies this legal description. (2) 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. (3) Surveyed on the ground November 2009. Date: October 12,2021 ' di Jo:- Curtis Smith Registered Professional Land Surveyor < ,c OF TF Az No.5494 0114 "°`;-yin , ,,anw I:4IF. MI* py ss c -ter .° sziR�ti Exhibit A Page 2 of 2 1 o1__ 12/14/2021 Item 2. • EXHIBIT "B " to "A-3" PARCEL No. 7 TB PART 3 ncoui c FRO 1/2'R tY/GW ••• '••••® -- — LOCATION STAMPED "MOW LANE' WRING 'DISTANCE SUBJECT TRACT & • 1 N 0O'32'131V 3D.aD' , r.( LOCATION OF ACOUISmON L-2 S 0032'13-E: 30.00' SUR\L tk!. Mtn��It 40. 589 gaS�R w 112.18 ACRES (BY DEED) cc E-18 PAMELA JOE THRONBURO W la DOC. No. 2010041 6000373400 __ — N R.P.R.C.C.T. W a Qi ' 12 X CONSTRUCTION'i TEMPORARYI S' . EASEMENT AREA gtja 1 0 19.570 SQ. FT. OR 6 014 1110 c. 0.449 ACRES N h OP 'I/ N 89`2r4TRE 115N • L-1 � •-................... L-2 v ._--..3..89.27'47"4V• .85234' P.O.B. FND 1/2'lR 39.58 ACRES WY DEED) ROBERT VANCE THURMOND. JR McMILLEN ROAD s44- C.C.F. o. 98.3411104942 (A VARIABLE WIDTH RIGHT-OF-WAY) 66' DESCRIBED IN VOLUME 1015. PAGE 46 i% D.R,C.0 T. NOTES: 1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT. 2. AU. BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE 300 150 0 300 SURFACESHOWN ME NORTH CENTRALEONS 4202.ALL INSTANCES AND AREAS --�� 3. SURVEYED ON THE GROUND NOVEMBER 2009. SCALE IN FEET -Id" City of Wylie CITY OF WYLIE 300 COUNTRY CLUB ROAD • WYUE. TEXAS 75098 v EXHIBIT SHOVING = �` TEMPORARY CONSTRUCTION EASEMENT i' '.c . 0L.? Z'', OUT OF A �'�Q`r tiGtSfiL,..4 , 11218 D ACT OF LAND /yI* * Fo''k's'�`‘ singrJ.W. MITCHELL SURVEY. ABSTRACT No. 589 it • CIi`t OF WYUE. COWN COUNTY. TEXAS Alonor, 5494 f,�, DOCUMENT No.201004CORDED 16000373400 " `�' ;' REAL PROPERTY RECORDS OF COLUN COUNTY, TEXAS .4 � �' -;AJEC : cM N -••i FRO., c I_:.;i Rt.." • COUNTRY _uB ROAD `%j. SUR r I:LK!L16i21Uilr y3 l l--. a a3t,I-Z•�[LSI•.•? cuRTIs SM JOB No. 0903-3566 DRAWN BY:JPH CAD FILE: 07 TOP WAG REGISTERED PROFESSIONAL LAND SURVEYOR OATS:OCTOBER 12. 2021 a.n: NO. 5494 ? FIRM 1010 GORRONDONA&ASSOCIATES. INC.• 7524 JACK WELL BOULEVARD SOUTH FORT WORTH.TX. 78118 • 817-496-1424 FAX 817-496-1768 102 12/14/2021 Item WS1. Wylie City Council CITY OF AGENDA REPORT Department: City Manager Office Account Code: Prepared By: Brent Parker Subject ID iscuss City Council Code of Conduct Ordinance. Recommendation I /A Discussion Discuss the two Code of Conduct Ordinances presented by the City Council Subcommittee. The two versions presented are identical with the exceptions of one having a board of review. Staff is requesting direction on which ordinance the Council would like to approve. Financial Summary/Strategic Goals N/A 103 12/14/2021 Item WS1. ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, REPEALING ORDINANCE NO. 2014-19, CREATING A CODE OF CONDUCT;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 ("City" or "Wylie") desires for all of its citizens to have confidence in integrity, independence, and impartiality of those who act on their behalf in government; WHEREAS, the City of Wylie previously adopted Ordinance No. 2014-19, establishing a Code of Ethics; and WHEREAS, the City of Wylie desires to create a Code of Conduct and repeal Ordinance No. 2014-19, as of the Effective Date of this Ordinance. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS that: Section 1. Creation of Code of Conduct The City of Wylie creates this Code of Conduct (the "Code") and repeals Ordinance No. 2014- 1.9, as of the Effective Date of this Ordinance. Section 2. Policy The proper operation of democratic local government requires that City Officials be independent, impartial and responsible to the people; that local government decisions and policy be made in the proper channels of the government structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its City Officials. It is the policy of the City of Wylie that its City Officials meet the standards of conduct established in this Ordinance. Section 3. Definitions 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,by City ordinance, or by appointment by the City Council or the Mayor; 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 or by an act of the Mayor and are charged with making recommendations to the City Council on matters within its jurisdiction. City Official or Official means the Mayor; a member of the City Council, members of Administrative Boards, and Advisory Boards, appointed by the Mayor or City Council. 104 12/14/2021 Item WS1. 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 property of the organization. Official Action means: (1) Any affiuiiiative 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. Section 4. Covered officials The rules of conduct contained below apply generally to City Officials unless otherwise specified. Section 5. City Officials required to comply with both state and local law When a City Official's conduct is regulated by a provision of this Ordinance 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 6. Education The City shall provide training and educational materials to City Officials on their obligations under state law and this Ordinance. Such training shall include at least one formal classroom session in each calendar year. All City Officials shall annually attend the formal training session offered by the City or equivalent training sessions conducted by the City Attorney, 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 7. Standards of Conduct for City Officials (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. (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 105 12/14/2021 Item WS1. (1) It is a violation of this Code for a City Official to violate Texas Penal Code § 39.06 (Misuse of Official Information). (2) A City Official shall not disclose to the public any information that is deemed confidential and/or privileged under any federal, state, local law, or Council rules, unless authorized by law. (C) Restrictions on political activity and political contributions (1) No City Official shall use state or local funds or other resources of the City to electioneer for or against any candidate, measure, or political party. (2) A City Official shall not directly or indirectly induce, or attempt to induce, any City employee: a. To participate in an election campaign(beyond merely encouraging another to vote), to participate in a political fundraising activity, or to contribute to a political candidate or political committee; b. To engage in any other activity relating to a particular candidate, party or issue that is not directly related to a legitimate function of City government; or c. To refrain from engaging in any lawful political activity after working hours. (D) Use of cell phones or electronic devices by appointed or elected officials during meetings of Administrative Boards and Advisory Boards, of which they are a member City Officials shall refrain from communicating on cell phones or electronic devices during a City meeting at which the City Official is attending as a member of that Administrative Board or Advisory Board, except as provided below. However, City Officials may access agendas and information relevant to a past, current, and/or future 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 down from the dais. Text messaging, emails, and other electronic or written communications shall not be sent during a meeting unless it is an emergency. (E) Conflicts of Interest A City Official must not use, or attempt to use,his or her official position or office, or take or fail to take any action, or influence, or attempt to influence, others to take or fail to take any action, in a manner which he or she knows, or has reason to believe, may result in a personal, financial benefit, or Economic Interest not shared with a substantial segment of the City's population, for any of the following persons or entities: (1) The Official; (2) The Official's relative, or the employer or business of the relative; (3) A person with which the Official has a financial or business relationship,including but not limited to: a. A business of the Official, or the Official's spouse or domestic partner, or someone who works for such outside employer or business; or b. A client or substantial customer. (4) A nongovernmental civic group, social, charitable, or religious organization of which the Official, or the Official's spouse or domestic partner, is an officer or director; or (5) A public or private business entity for which the Official, or his or her relative 106 12/14/2021 Item WS1. serves as a director, general partner, or officer, or in any other policy-making position except when so appointed to the position by the City. (F) Compliance with Texas Local Government Code Chapters 171 and 176 It is a violation of this Code for a City Official to violate Texas Local Government Code, §§ 171 and 176. (G) Prohibitions - Granting Special Privileges and Use of City Supplies and Equipment It is a violation of this Code for a City Official: (1) To use his official position to secure special privileges or exemptions for himself or others; (2) To grant any special consideration, treatment or advantage to any citizen, individual, business organization or group beyond that which is normally available to every other citizen, individual, business organization or group. This shall not prevent the granting of fringe benefits to City employees as a part of their contract of employment or as an added incentive to the securing or retaining of employees; or (3) To use City supplies, equipment or facilities for any purpose other than the conduct of official City business, unless otherwise provided for by law, ordinance or City policy. Section 8. City Council Review of Complaints (A) Purpose The City Council shall review Complaints regarding alleged violation(s) of the Code ("Complaints"), review applicable waivers regarding the alleged violation(s), and determine if a Complaint should be dismissed under the criteria, as outlined herein. (B) Qualifications City Council members may not participate in the Complaint review process and/or hearing if the member is the subject of the Complaint, or the individual filing the Complaint ("Complainant") or the individual who is the subject of the Complaint ("Respondent") is related to the City Council member within a prohibited level of affinity or consanguinity. (C) Consultation with City Attorney The City Attorney is authorized to issue to any City Official, upon reasonable request, formal written opinions regarding the applicability of the provisions of the conduct laws to an action the City Official is considering taking in the future. The City Council may consult with the City Attorney or a designee of the City Attorney regarding legal issues which may arise in connection with this section and may request advisory assistance from the City Attorney in conducting hearings during any stage of the process. (D) Reviewing Attorney (1) The City Council shall approve a list of three (3) independent private attorneys recommended by the City Attorney who may individually serve as a "Reviewing 107 12/14/2021 Item WS1. Attorney" for Complaints filed under this section. The Reviewing Attorney shall be chosen by the City Manager by lot. (2) To be qualified, the Reviewing Attorney must be an attorney in good standing with the State Bar of Texas, have been licensed to practice in the State of Texas for at least ten (10) consecutive years, and have at least five (5) years of experience working with municipalities in Texas. The Reviewing Attorney may not be: a. A City Council member or City of Wylie employee, or the spouse or domestic partner of a City Council member or City of Wylie employee; b. An elected public official; or c. A candidate for elected public office at the time of their service. (G) Complaint Process (1) Filing Complaints.Any citizen of Wylie who believes that there has been a violation of the Code may file a sworn Complaint with the City Secretary. The Complaint shall: a. Identify the person or persons who allegedly committed the violation; b. Provide a statement of the facts on which the Complaint is based; c. To the extent possible, identify the rule or rules allegedly violated; and d. Be sworn to in the form of an affidavit and be based on personal knowledge of the affiant and be subject to the laws of perjury. e. The Complainant may also recommend other sources of evidence that the Reviewing Attorney should consider and may request a hearing. (2) Notice/ Timelines /Representation a. Days, as used herein, is defined as City business days. b. All timelines provided herein must be followed, subject only to extensions approved in writing by the City Manager based on the individual circumstances surrounding the review of the Complaint. c. A Complaint must be filed with the City Secretary within one (1) year of the date the violation is alleged to have occurred. The City Secretary shall not accept or process any Complaint that is filed more than one (1) year after the date of the violation alleged in the Complaint. Complaints not filed within this timeframe are barred and will be dismissed as untimely. d. Within three (3) business days of receiving a Complaint, the City Secretary shall provide a copy of the full Complaint to the City Official who is the subject of the Complaint ("Respondent"), the City Attorney, the City Manager, and the Reviewing Attorney. e. If the City Manager is not available or is implicated, the City Secretary will provide copies, as outlined herein. f. The Reviewing Attorney and/or City Council shall allow any person who is the subject of a Complaint to designate a representative if he or she wishes to be represented by someone else and to present evidence, according to rules adopted by the City Council. (3) Frivolous Complaint a. For purposes of this section, a "frivolous complaint" is a sworn Complaint that is groundless and brought in bad faith or groundless and brought for the purpose of harassment. b. By a vote of at least two-thirds of those present, the City Council may order a Complainant to show cause why the Complaint filed by the Complainant is not frivolous. c. In deciding if a Complaint is frivolous, the City Council will be guided by Rule 13 of the Texas Rules Civil Procedure, and may also consider: i. The timing of the sworn Complaint with respect to when the facts supporting the alleged violation became known or should have 12/14/2021 Item WS1. become known to the Complainant, and with respect to the date of any pending election in which the Respondent is a candidate or is involved with a candidacy, if any; ii. The nature and type of any publicity surrounding the filing of the sworn Complaint, and the degree of participation by the Complainant in publicizing the fact that a sworn Complaint was filed; iii. The existence and nature of any relationship between the Respondent and the Complainant before the Complaint was filed; iv. If Respondent is a candidate for election to office, the existence and nature of any relationship between the Complainant and any candidate or group opposing the Respondent; v. Any evidence that the Complainant knew or reasonably should have known that the allegations in the Complaint were groundless; and vi. Any evidence of the Complainant's motives in filing the Complaint. d. Notice of an order to show cause shall be given to the Complainant, with a copy to the Respondent, and shall include: i. An explanation of why the Complaint against a Respondent appears to be frivolous; and ii. The date, time, and place of the hearing to be held under this section. e. Before making a determination that a sworn Complaint against a Respondent is frivolous, the City Council shall hold a hearing at which the Complainant may be heard and accompanied by his or her representative. f. By a record vote of at least a simple majority of those present after the hearing under this section, the City Council may determine that a Complainant filed a frivolous Complaint and may recommend sanctions against that Complainant. g. Before imposing a sanction for filing a frivolous Complaint, the City Council shall consider the following factors: i. The seriousness of the violation, including the nature, circumstances, consequences, extent, and gravity of the violation; ii. The sanction necessary to deter future violations; and iii. Any other matters that justice may require. h. The City Council may impose the following sanctions: i. A civil penalty of not more than $500; ii. Imposition of attorneys' fees incurred by Respondent; iii. Any other sanction permitted by law; and/or iv. The City Council may notify the appropriate regulatory or supervisory agency for their appropriate action. This may include a referral for criminal prosecution if the facts so warrant. (4) Review of Complaint a. Within seven (7) business days of receiving the Complaint from the City Secretary, the Reviewing Attorney shall issue a written advisory opinion, taking one of the following actions: i. Dismiss the Complaint if: 1. The deadline for filing a Complaint has passed; 2. The accused is not subject to the Code; 3. The conduct alleged is not regulated under the Code; 4. The Complaint is not completed as defined herein or signed and sworn to by the person filing the Complaint in the form 109 12/14/2021 Item WS1. of an affidavit; 5. The person who is the subject of the Complaint had obtained a waiver permitting the conduct; or 6. Determines the facts, if taken as true, do not constitute a violation of the Code. ii. Dismissal of a Complaint under this provision is final and non- appealable. b. If the Reviewing Attorney does not dismiss the Complaint, as provided herein, the Reviewing Attorney shall refer the Complaint and the advisory opinion to the City Council for review under this provision. The Reviewing Attorney's referral of the Complaint and advisory opinion to the City Council does not mean that any of the allegations of the Complaint are true or false or that any current City Official has or has not violated the Code. c. If the Complaint is referred to the City Council for review, the Reviewing Attorney shall also copy his or her advisory opinion to the Complainant,the City Manager, and the City Attorney within seven (7) business days of receipt of the Complaint. For Complaints not dismissed by the Reviewing Attorney, and subsequently referred to the City Council, the notice to the Respondent will include notice of the Respondent's option to file a written response to the advisory opinion with the City Secretary within seven (7) business days of receipt of the opinion from the Reviewing Attorney. The City Secretary will forward the Respondent's written response to the City Council with the Complaint and the Reviewing Attorney's advisory opinion. (5) City Council Review /Hearing a. The City Council may dismiss a Complaint if: i. The alleged violation is a minor or de minimis violation; ii. The Complaint is, on its face, frivolous, groundless, or brought for purposes of harassment; iii. The matter has become moot because the Respondent is no longer an elected official or Administrative Board or Advisory Board member; or iv. The Respondent came into voluntary compliance. b. The City Council will conduct its review of a Complaint not dismissed pursuant to paragraph 3.a.i. of this section at meetings which are open to the public. c. The rules shall require the dismissal and the reason for dismissal to be submitted by the City Council in writing and available to the public within [NUMBER] ([NUMBER]) days of considering the Complaint under paragraph 4.b. above. A dismissal under this provision by the City Council is final and non-appealable. d. If the City Council does not dismiss the Complaint, the City Council will consider the Complaint within [NUMBER] ([NUMBER])business days of receiving the Complaint. e. The City Secretary shall notify in writing the City Council, the Complainant and the Respondent of the date, time and location of a hearing on the Complaint. Such written notice shall be sent to the Complainant and the Respondent by email, mail, and/or certified mail, return receipt requested. If the hearing is not held within 45 business days after receipt of the Complaint, the City Secretary shall notify both the Complainant and the Respondent of the reasons for the delay. f. All hearings shall be conducted in accordance with the Texas Open Meetings Act, Tex. Government Code Chapter 551. The City Council shall have the right to hold the hearing in open or closed session as permitted by applicable 110 12/14/2021 Item WS1. laws and regulations. Additionally, the City Council shall establish time limits and other rules of procedure for a hearing and relating to the participation of any person in the hearing. Subject to the rules of procedure established by the City Council for the hearing: i. Both the Complainant and the Respondent shall have the right to a full and complete hearing with the opportunity to call witnesses and present evidence on his/her behalf ii. All proceedings of the hearing shall be recorded by audio recording if a court reporter is not used,or reduced to writing by a court reporter if present for the hearing. If a court reporter is not used, the audio recording shall be filed with the City Secretary within such time as specified by the City Council. If a court reporter is used, the court reporter's transcript of the hearing shall be filed with the City Secretary within such time as is specified by the City Council. iii. The procedures established by the City Council shall allow the Complainant and the Respondent sufficient time to examine and respond to any evidence not presented to them in advance of the hearing. iv. The rules shall require the City Council to schedule the hearing at a time that is reasonably convenient to both the person who submitted the Complaint and the subject of the Complaint. g. The City Council shall consider the Complaint, the Respondent's response (if any), and the advisory opinion of the Reviewing Attorney, and evidence submitted in the course of the hearing. The final action, decision, or vote of the council with regard to the Complaint shall be taken or made only in a meeting that is open to the public. The City Council shall use a preponderance of the evidence standard to determine whether a violation occurred. Only members of the City Council present for the hearing may participate in its decision. h. The City Council shall 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. The City Council shall dismiss a Complaint if the Complainant does not appear at the hearing and if, in the opinion of the City Council, it would be unfair to the Respondent to proceed without the Respondent having the opportunity to question and address the issues raised in the Complaint. j. The decision of the City Council is final and non-appealable. (H) Findings/ Consequences (1) City Officials deemed to be in violation of the Code are subject to consequences, including but not limited to the following: a. Censure - If the violation did not involve a matter of public concern and the City Council finds that a violation of this Code occurred, the City Council may issue a censure of the City Official, to the extent permitted by law. b. Letter of Notification—The City Council may issue a letter of notification if the City Council finds that a violation of this Code was unintentional.A letter of notification must advise the City Official of any steps to be taken to avoid future violations. c. Letter of Admonition—The City Council may issue a letter of admonition if the City Council finds that a violation of this Code was minor,but where the circumstances call for a more substantial response than a letter of 12/14/2021 Item WS1. notification. d. Reprimand — To the extent permitted by law, City Council may issue a reprimand if the City Council finds that a violation of this Code was not minor and was committed intentionally or through reckless disregard. e. Removal from Leadership Position — In addition to, or in place of, the consequences outlined above, the City Council may remove a City Official from any leadership position held by that City Official as a member of the body in which the City Official serves. f. Removal from Administrative Boards and Advisory Boards—In addition to, or in place of, the consequences outlined above, the City Council may remove an appointed City Official from Administrative Boards and Advisory Boards. Section 9. Other Obligations This Code 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 conduct, 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, action may be prohibited by duly promulgated personnel rules, which may be more stringent. Section 10. Effective Date This Code shall take effect on [DATE], following its adoption and publication as required by law (the "Effective Date"). Section 11. Distribution and Training (A) Every person shall be provided reasonable opportunity to review this Code as a condition of their candidacy and/or application to be a City Official. At the time of application for a position of City Official, every applicant shall be furnished with a copy of this Code. (B) 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. (C) 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, 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 conduct laws. Section 12. 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. 112 12/14/2021 Item WS1. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS, on this day of , 2021. Matthew Porter, Mayor ATTESTED AND CORRECTLY RECORDED: Stephanie Storm 113 12/14/2021 Item WS1. ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, REPEALING ORDINANCE NO. 2014-19, CREATING A CODE OF CONDUCT; 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 ("City" or "Wylie") desires for all of its citizens to have confidence in integrity, independence, and impartiality of those who act on their behalf in government; WHEREAS, the City of Wylie previously adopted Ordinance No. 2014-19, establishing a Code of Ethics; and WHEREAS, the City of Wylie desires to create a Code of Conduct and repeal Ordinance No. 2014-19, as of the Effective Date of this Ordinance. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS that: Section 1. Creation of Code of Conduct The City of Wylie creates this Code of Conduct (the "Code") and repeals Ordinance No. 2014- 1.9, as of the Effective Date of this Ordinance. Section 2. Policy The proper operation of democratic local government requires that City Officials be independent, impartial and responsible to the people; that local government decisions and policy be made in the proper channels of the government structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its City Officials. It is the policy of the City of Wylie that its City Officials meet the standards of conduct established in this Ordinance. Conduct not regulated herein is not subject to this Code. Section 3. Definitions 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,by City ordinance, or by appointment by the City Council or the Mayor; 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 or by an act of the Mayor and are charged with making recommendations to the City Council on matters within its jurisdiction. City Official or Official means the Mayor; a member of the City Council, members of Administrative Boards, and Advisory Boards, appointed by the Mayor or City Council. 114 12/14/2021 Item WS1. Code of Conduct means this Code of Conduct ("Code"). Only a City Official may be held responsible for violations of the Code. 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 property of the organization. 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. Board of Review means the body charged with reviewing and acting on Complaints under this Ordinance. Section 4. Covered officials The rules of conduct contained below apply generally to City Officials unless otherwise specified. Section 5. City Officials required to comply with both state and local law When a City Official's conduct is regulated by a provision of this Ordinance 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 6. Education The City shall provide training and educational materials to City Officials on their obligations under state law and this Ordinance. Such training shall include at least one formal classroom session in each calendar year. All City Officials shall annually attend the formal training session offered by the City or equivalent training sessions conducted by the City Attorney, 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 7. Standards of Conduct for City Officials (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. (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 115 12/14/2021 Item WS1. 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 Code for a City Official to violate Texas Penal Code § 39.06 (Misuse of Official Infoiination). (2) A City Official shall not disclose to the public any information that is deemed confidential and/or privileged under any federal, state, local law, or Council rules, unless authorized by law. (C) Restrictions on political activity and political contributions (1) No City Official shall use state or local funds or other resources of the City to electioneer for or against any candidate, measure, or political party. (2) A City Official shall not directly or indirectly induce, or attempt to induce, any City employee: a. To participate in an election campaign(beyond merely encouraging another to vote), to participate in a political fundraising activity, or to contribute to a political candidate or political committee; b. To engage in any other activity relating to a particular candidate, party or issue that is not directly related to a legitimate function of City government; or c. To refrain from engaging in any lawful political activity after working hours. (D) Use of cell phones or electronic devices by appointed or elected officials during meetings of Administrative Boards and Advisory Boards, of which they are a member City Officials shall refrain from communicating on cell phones or electronic devices during a City meeting at which the City Official is attending as a member of that Administrative Board or Advisory Board, except as provided below. However, City Officials may access agendas and information relevant to a past, current, and/or future 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 down from the dais. Text messaging, emails, and other electronic or written communications shall not be sent during a meeting unless it is an emergency. (E) Conflicts of Interest A City Official must not use, or attempt to use,his or her official position or office, or take or fail to take any action, or influence, or attempt to influence, others to take or fail to take any action, in a manner which he or she knows, or has reason to believe, may result in a personal, financial benefit, or Economic Interest not shared with a substantial segment of the City's population, for any of the following persons or entities: (1) The Official; (2) The Official's relative, or the employer or business of the relative; (3) A person with which the Official has a financial or business relationship,including but not limited to: a. A business of the Official, or the Official's spouse or domestic partner, or 116 12/14/2021 Item WS1. someone who works for such outside employer or business; or b. A client or substantial customer. (4) A nongovernmental civic group, social, charitable, or religious organization of which the Official, or the Official's spouse or domestic partner, is an officer or director; or (5) A public or private business entity for which the Official, or his or her relative serves as a director, general partner, or officer, or in any other policy-making position except when so appointed to the position by the City. (F) Compliance with Texas Local Government Code Chapters 171 and 176 It is a violation of this Code for a City Official to violate Texas Local Government Code, §§ 171 and 176 and Texas Penal Code § 36.08 (G) Prohibitions - Granting Special Privileges and Use of City Supplies and Equipment It is a violation of this Code for a City Official: (1) To use his official position to secure special privileges or exemptions for himself or others; (2) To grant any special consideration, treatment or advantage to any citizen, individual, business organization or group beyond that which is normally available to every other citizen, individual, business organization or group. This shall not prevent the granting of fringe benefits to City employees as a part of their contract of employment or as an added incentive to the securing or retaining of employees; or (3) To use City supplies, equipment or facilities for any purpose other than the conduct of official City business, unless otherwise provided for by law, ordinance or City policy. Section 8. Board of Review (A) Creation and appointment There is hereby created a Board of Review ("BOR") to consist of five (5) members and two (2) alternates. (1) The BOR shall review Complaints regarding alleged violation(s) of the Code ("Complaints"), review applicable waivers regarding the alleged violation(s), and determine if a Complaint should be dismissed under the criteria, as outlined herein. (2) Prospective BOR members shall be interviewed and appointed by a majority of the City Council present at a duly called meeting. (B) Qualifications (1) All members must live within the City of Wylie city limits and be at least 1.8 years of age; (2) BOR members may not be: a. The spouse or the domestic partner of the individual filing the Complaint ("Complainant") or the individual who is the subject of the Complaint ("Respondent") is the spouse or domestic partner. b. Serving on any other Council appointed Board or Commission during their term on the BOR; c. A City Council member or City of Wylie employee, or the spouse or domestic 12/14/2021 Item WS1. partner of a City Council member or City of Wylie employee; d. An elected public official; or e. A candidate for elected public office at the time of their term on the BOR. (C) Terms of appointment /Limitations (1) BOR members may serve only one (1) term of two (2) years. (2) BOR members shall serve until any Complaints pending during their appointed term have been fully adjudicated by the BOR. (3) If a person selected to serve on the BOR pursuant to this subsection cannot fulfill his or her duties as a member of the BOR due to illness, travel, disqualification under the terms outlined above, or another bona fide reason, or otherwise refuses to serve on the BOR, that person shall be requested to confirm that fact with the City Secretary in writing within 15 calendar days of receipt of the service notification. In this event, the City Secretary shall repeat the process outlined herein until a substitute has been selected. (D) Training/Removal (1) BOR members must attend training regarding the role and responsibilities of service on the BOR prior to handling a Complaint. The unexcused absence of any member of the BOR from three (3) consecutive meetings, unless the BOR has excused the absence for good and sufficient reasons, as determined by the BOR, shall constitute a resignation from the BOR. (2) A BOR member serves at the pleasure of the City Council and may be removed before the expiration of the member's term by the City Council in its sole discretion . Before removing a member, the BOR shall specify the cause for a recommendation of removal and shall give the BOR member the opportunity to present the member's defense to removal. The recommendation for the City Council to remove a BOR member shall be brought to the City Council for an official vote. (E) Consultation with City Attorney The City Attorney is authorized to issue to any City Official, upon reasonable request, foiival written opinions regarding the applicability of the provisions of the conduct laws to an action the City Official is considering taking in the future. The BOR and/or the City Council may consult with the City Attorney or a designee of the City Attorney regarding legal issues which may arise in connection with this section and may request advisory assistance from the City Attorney in conducting hearings during any stage of the process. The City Attorney serves as legal counsel for the City Council and not any individual City Council member. (F) Reviewing Attorney (1) The City Council shall approve a list of three (3) independent private attorneys recommended by the City Attorney who may individually serve as a "Reviewing Attorney" for Complaints filed under this section. The Reviewing Attorney shall be chosen by the City Manager by lot. (2) To be qualified, the Reviewing Attorney must be an attorney in good standing with the State Bar of Texas, have been licensed to practice in the State of Texas for at least ten (10) consecutive years, and have at least five (5) years of experience working with municipalities in Texas. The Reviewing Attorney may not be: a. A City Council member or City of Wylie employee, or the spouse or domestic partner of a City Council member, Board member or City of Wylie employee; 1s 12/14/2021 Item WS1. b. An elected public official; or c. A candidate for elected public office at the time of their service. (G) Complaint Process (1) Filing Complaints. Any citizen of Wylie who believes that there has been a violation of the Code may file a sworn Complaint with the City Secretary. The Complaint shall: a. Identify the person or persons who allegedly committed the violation; b. Provide a statement of the facts on which the Complaint is based; c. To the extent possible, identify the rule or rules allegedly violated; and d. Be sworn to in the form of an affidavit and be based on personal knowledge of the affiant and be subject to the laws of perjury. e. The Complainant may also recommend other sources of evidence that the Reviewing Attorney should consider and may request a hearing. f. Complaints arising out of an event or a series of related events shall be addressed in one complaint. Complainants shall not file separate or serial complaints arising from any event or series of events that have been or could have been addressed in a previous Complaint. When two or more Complaints are sufficiently similar in nature and remedy sought to permit their resolution through one proceeding, the City may consolidate the complaints. (2) Confidentiality. No City Official shall reveal infoiniation relating to the filing or processing of a Complaint, except as required for the perfoiimiance of Official duties. Documents relating to a Complaint will be maintained by the City Secretary in accordance with applicable records retention laws and are confidential, to the extent permitted by law. (3) Notice/Timelines /Representation a. Days, as used herein, is defined as City business days. b. All timelines provided herein must be followed, subject only to extensions approved in writing by the City Manager based on the individual circumstances surrounding the review of the Complaint. c. A Complaint must be filed with the City Secretary within six (6) months of the date the Complainant knew, or with reasonable diligence should have known, of the events or series of events giving rise to the Complaint. The City Secretary shall not accept or process any Complaint that is filed more than six (6) months after the date of the violation alleged in the Complaint. Complaints not filed within this timeframe are barred and will be dismissed as untimely. d. Within three (3) business days of receiving a Complaint, the City Secretary shall provide a copy of the full Complaint to the City Official who is the subject of the Complaint ("Respondent"), the City Attorney, the City Manager, and the Reviewing Attorney. e. If the City Manager is not available or is implicated, the City Secretary will provide copies, as outlined herein. f. The Reviewing Attorney, BOR, and/or City Council shall allow any person who is the subject of a Complaint to designate a representative if he or she wishes to be represented by someone else and to present evidence, according to rules adopted by the City Council. (4) Frivolous Complaint a. For purposes of this section, a "frivolous complaint" is a sworn Complaint that is groundless and brought in bad faith or groundless and brought for the purpose of harassment. b. By a vote of at least two-thirds of those present, the City Council may 119 12/14/2021 Item WS1. order a Complainant to show cause why the Complaint filed by the Complainant is not frivolous. c. In deciding if a Complaint is frivolous, the City Council will be guided by Rule 13 of the Texas Rules Civil Procedure, and may also consider: i. The timing of the sworn Complaint with respect to when the facts supporting the alleged violation became known or should have become known to the Complainant, and with respect to the date of any pending election in which the Respondent is a candidate or is involved with a candidacy, if any; ii. The nature and type of any publicity surrounding the filing of the sworn Complaint, and the degree of participation by the Complainant in publicizing the fact that a sworn Complaint was filed; iii. The existence and nature of any relationship between the Respondent and the Complainant before the Complaint was filed; iv. If Respondent is a candidate for election to office, the existence and nature of any relationship between the Complainant and any candidate or group opposing the Respondent; v. Any evidence that the Complainant knew or reasonably should have known that the allegations in the Complaint were groundless; and vi. Any evidence of the Complainant's motives in filing the Complaint. d. Notice of an order to show cause shall be given to the Complainant,with a copy to the Respondent, and shall include: i. An explanation of why the Complaint against a Respondent appears to be frivolous; and ii. The date, time, and place of the hearing to be held under this section. e. Before making a determination that a sworn Complaint against a Respondent is frivolous, the City Council shall hold a hearing at which the Complainant may be heard and accompanied by his or her retained counsel. f. By a record vote of at least a simple majority of those present after the hearing under this section, the City Council may determine that a Complainant filed a frivolous Complaint and may recommend sanctions against that Complainant. g. Before imposing a sanction for filing a frivolous Complaint, the City Council shall consider the following factors: i. The seriousness of the violation, including the nature, circumstances, consequences, extent, and gravity of the violation; ii. The sanction necessary to deter future violations; and iii. Any other matters that justice may require. h. The City Council may impose the following sanctions: i. A civil penalty of not more than $500; ii. Imposition of attorneys' fees incurred by Respondent; iii. Any other sanction permitted by law; and/or iv. The City Council may notify the appropriate regulatory or supervisory agency for their appropriate action. This may include a referral for criminal prosecution if the facts so warrant. (5) Review of Complaint a. Within seven (7) business days of receiving the Complaint from the City Secretary, the Reviewing Attorney shall issue a written advisory opinion, dismissing or referring the Complaint to the BOR: 120 12/14/2021 Item WS1. i. Dismiss the Complaint if: 1. The deadline for filing a Complaint has passed; 2. The accused is not subject to the Code; 3. The conduct alleged is not regulated under the Code; 4. The Complaint is not completed as defined herein or signed and sworn to by the person filing the Complaint in the form of an affidavit; or 5. The person who is the subject of the Complaint had obtained a waiver permitting the conduct. ii. Dismissal of a Complaint under this provision is final and non- appealable. iii. If the Reviewing Attorney dismisses the Complaint, the Reviewing Attorney shall forward a copy of the dismissal to the Complainant, Respondent, City Council, and the Board on which the Respondent is a member, if applicable. b. If the Reviewing Attorney does not dismiss the Complaint, as provided herein, the Reviewing Attorney shall refer the Complaint and the advisory opinion to the BOR for review under this provision. The Reviewing Attorney's referral of the Complaint and advisory opinion to the BOR does not mean that any of the allegations of the Complaint are true or false or that any current City Official has or has not violated the Code. c. If the Complaint is referred to the BOR for review, the Reviewing Attorney shall also copy his or her advisory opinion to the Complainant, the City Manager, and the City Attorney within seven(7)business days of receipt of the Complaint. For Complaints not dismissed by the Reviewing Attorney, and subsequently referred to the BOR, the notice to the Respondent will include notice of the Respondent's option to file a written response to the advisory opinion with the City Secretary within seven (7) business days of receipt of the opinion from the Reviewing Attorney. The City Secretary will forward the Respondent's written response to the BOR with the Complaint and the Reviewing Attorney's advisory opinion. (6) Board of Review Process. a. The BOR shall meet within forty-five (45) days of receiving a referral of a Complaint from the Reviewing Attorney, unless extended by the City Council. The BOR will review the Complaint, the Reviewing Attorney's advisory opinion, the Respondent's response (if any), and applicable City policies, ordinances, and/or other related information(the `BOR Record"). b. The BOR may dismiss a Complaint as provided below or, if not dismissed, refer the Complaint to the City Council for consideration as outlined herein. (7) The BOR Review and City Council Review/Hearing a. The BOR may dismiss a Complaint if: i. The alleged violation is a minor or de minimis violation; ii. The Complaint is, on its face, frivolous, groundless, or brought for purposes of harassment; iii. The matter has become moot because the Respondent is no longer an elected official or Administrative Board or Advisory Board member; or iv. The Respondent came into voluntary compliance. c. The determination regarding whether a complaint is frivolous and subject to sanctions will be addressed by the City Council as outlined in Section 8.(G)(3) herein. d. The BOR will conduct its review of a Complaint not dismissed pursuant to paragraph 3.a.i. of this section at meetings which are open to the public. e. The rules shall require the dismissal and the reason for dismissal to be 121 12/14/2021 Item WS1. submitted by the BOR in writing and available to the public within forty- five (45) days of considering the Complaint under paragraph 4.b. above, unless extended by the City Council. A dismissal under this provision by the BOR is final and non-appealable. f. If the BOR does not dismiss the Complaint, the BOR will refer the Complaint,BOR Record to the City Council within forty-five (45)business days of considering the Complaint, unless extended by the City Council. (7) City Council Review/Hearing a. Not later than 15 business days after the BOR forwards a Complaint to the City Council for consideration, or 15 business days after the BOR's deadline to issue a decision,the City Secretary shall notify in writing the City Council, the Complainant and the Respondent of the date, time and location of a hearing on the Complaint. Such written notice shall be sent to the Complainant and the Respondent by email,mail, and/or certified mail,return receipt requested. If the hearing is not held within 45 business days after receipt of the Complaint, the City Secretary shall notify both the Complainant and the Respondent of the reasons for the delay. b. All hearings shall be conducted in accordance with the Texas Open Meetings Act, Tex. Government Code Chapter 551. The City Council shall have the right to hold the hearing in open or closed session as permitted by applicable laws and regulations. Additionally, the City Council shall establish time limits and other rules of procedure for a hearing and relating to the participation of any person in the hearing. Subject to the rules of procedure established by the City Council for the hearing: i. Both the Complainant and the Respondent shall have the right to a full and complete hearing with the opportunity to call witnesses and present evidence on his/her behalf. ii. All proceedings of the hearing shall be recorded by audio recording if a court reporter is not used,or reduced to writing by a court reporter if present for the hearing. If a court reporter is not used, the audio recording shall be filed with the City Secretary within such time as specified by the City Council. If a court reporter is used, the court reporter's transcript of the hearing shall be filed with the City Secretary within such time as is specified by the City Council. iii. The procedures established by the City Council shall allow the Complainant and the Respondent sufficient time to examine and respond to any evidence not presented to them in advance of the hearing. iv. The rules shall require the City Council to schedule the hearing at a time that is reasonably convenient to both the person who submitted the Complaint and the subject of the Complaint. g. The City Council shall consider the BOR Record, the Complaint, the Respondent's response (if any), and the advisory opinion of the Reviewing Attorney, and evidence submitted in the course of the hearing. The final action, decision, or vote of the council with regard to the Complaint shall be taken or made only in a meeting that is open to the public. The City Council shall base its finding of whether a violation occurred on a preponderance of the evidence. Only members of the City Council present for the hearing may participate in its decision. h. The City Council shall 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. 12/14/2021 Item WS1. i. The City Council shall dismiss a Complaint if the Complainant does not appear at the hearing and if, in the opinion of the City Council, it would be unfair to the Respondent to proceed without the Respondent having the opportunity to question and address the issues raised in the Complaint. j. A City Council member may not participate in the Complaint review process and/or hearing if the member is the subject of the Complaint or is the Complainant, or if the Respondent or Complainant is related to the City Council member within a prohibited level of affinity or consanguinity. k. The decision of the City Council is final and non-appealable. (H) Findings/Consequences (1) City Officials deemed to be in violation of the Code are subject to consequences, including but not limited to the following: a. Censure - If the violation did not involve a matter of public concern and the City Council finds that a violation of this Code occurred, the City Council may issue a censure of the City Official, to the extent permitted by law. b. Letter of Notification—The City Council may issue a letter of notification if the City Council finds that a violation of this Code was clearly unintentional. A letter of notification must advise the City Official of any steps to be taken to avoid future violations. c. Letter of Admonition—The City Council may issue a letter of admonition if the City Council finds that a violation of this Code was minor,but where the circumstances call for a more substantial response than a letter of notification. d. Reprimand — To the extent permitted by law, City Council may issue a reprimand if the City Council finds that a violation of this Code was not minor and was committed intentionally or through reckless disregard. e. Removal from Leadership Position — In addition to, or in place of, the consequences outlined above, the City Council may remove a City Official from any leadership position held by that City Official as a member of the body in which the City Official serves. f. Removal from Administrative Boards and Advisory Boards—In addition to, or in place of, the consequences outlined above, the City Council may remove an appointed City Official from Administrative Boards and Advisory Boards. Section 9. Other Obligations This Code 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 conduct, 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, action may be prohibited by duly promulgated personnel rules, which may be more stringent. Section 10. Effective Date This Code shall take effect on [DATE], following its adoption and publication as required by law (the "Effective Date"). Section 11. Distribution and Training 123 12/14/2021 Item WS1. (A) Every person shall be provided reasonable opportunity to review this Code as a condition of their candidacy and/or application to be a City Official. At the time of application for a position of City Official, every applicant shall be furnished with a copy of this Code. (B) 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. (C) 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, 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 conduct laws. Section 12. 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 day of , 2021. Matthew Porter, Mayor ATTESTED AND CORRECTLY RECORDED: Stephanie Storm 124 ;JJ 12/14/2021 Item WS2. Wylie City Council CITY OF AGENDA REPORT Department: City Manager Account Code: Prepared By: Renae 011ie Subject ID iscussion regarding parking on Cloudcroft ordinance. Recommendation Discussion Discussion regarding parking on Cloudcroft ordinance. Financial Summary/Strategic Goals 125 12/14/2021 Item 3. Wylie City Council CITY OF AGENDA REPORT Department: City Manager Account Code: Prepared By: Renae' 011ie Subject Tabled from 11-15-2021 Remove from table and consider Consider, and act upon, Ordinance No. 2021-55 of the City of Wylie, Texas, amending Section 110-173 (a) (10) (Stopping, Standing,or Parking prohibited in certain places)of Article VI(Stopping, Standing,and Parking)of Chapter 110(Traffic and Vehicles) of the Wylie Code of Ordinances; prohibiting parking, stopping or standing of a vehicle along the north side of Cloudcroft Dr. from S. Ballard Ave. east to the point of intersection with the private drive of 101 Cloudcroft(approximately 115 feet), and on the south side of Cloudcroft Dr. from S. Ballard Ave. east to the point of intersection with Aspen Ln. (approximately 245 feet); establishing an offense; 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. Recommendation I otion to approve the Item as presented. Discussion At its October 12, 2021 meeting, Council held a work session to discuss the parking issues surrounding WISD Schools. At the direction of Council, staff proposes amendments to prohibit parking, stopping, and standing during morning drop off and afternoon pickup times in the Southplace Estates Phase 1 Subdivision. Summary of amendments: - North side of Cloudcroft Dr. from S. Ballard Ave. east to the point of intersection with the private drive of 101 Cloudcroft (approximately 115 feet), in effect between the hours of 6:30a - 8:30a and 2:30p-4:30p Monday thru Friday - South side of Cloudcroft Dr. from S. Ballard Ave. east to the point of intersection with Aspen Ln. (approximately 245 feet), in effect between the hours of 6:30a- 8:30a and 2:30p-4:30p Monday thru Friday Financial Summary/Strategic Goals Infrastructure 126 12/14/2021 Item 3. ORDINANCE NO. 2021-55 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING SECTION 110-173 (a) (10) (STOPPING, STANDING, OR PARKING PROHIBITED IN CERTAIN PLACES)OF ARTICLE VI(STOPPING,STANDING,AND PARKING) OF CHAPTER 110 (TRAFFIC AND VEHICLES) OF THE WYLIE CODE OF ORDINANCES; PROHIBITING PARKING, STOPPING OR STANDING OF A VEHICLE ALONG THE NORTH SIDE OF CLOUDCROFT DR. FROM S. BALLARD AVE. EAST TO THE POINT OF INTERSECTION WITH THE PRIVATE DRIVE OF 101 CLOUDCROFT (APPROXIMATELY 115 FEET), AND ON THE SOUTH SIDE OF CLOUDCROFT DR. FROM S.BALLARD AVE.EAST TO THE POINT OF INTERSECTION WITH ASPEN LN.(APPROXIMATELY 245 FEET); ESTABLISHING AN OFFENSE; 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 Council of the City of Wylie, Texas ("City Council") has investigated and deteiinined that it is in the best interest of the City of Wylie, Texas ("Wylie") to prohibit the stopping, standing, or parking of a vehicle along the north side of Cloudcroft Dr. from S. Ballard Ave. east to the point of intersection with the private drive of 101 Cloudcroft (approximately 115 feet), and on the south side of Cloudcroft Dr.from S. Ballard Ave. east to the point of intersection with Aspen Ln. (approximately 245 feet) (the"Zone"); and WHEREAS, the City Council further finds that it is a reasonable exercise of its police power to prohibit the stopping, standing, or parking of a vehicle in the Zone; and WHEREAS, the City Council further finds that the stopping, standing, or parking of a vehicle in the Zone is dangerous and creates a traffic hazard that threatens the health, safety, and welfare of motorists and pedestrians; and WHEREAS, the City Council has investigated and determined that it would be advantageous and beneficial to the citizens of Wylie and promote the public health, safety and welfare of the school children to prohibit the stopping, standing, or parking located in Wylie, as set forth below. NOW, THEREFORE, BE IT ORDAINED 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 Ordinance as if fully set forth herein. SECTION 2: Amendment to Section 110-173 (a)(10)(Stopping, Standing, or Parking Prohibited in Certain Places)of Article VI(Stopping, Standing,and Parking)of Chapter 110(Traffic and Vehicles)of the Wylie Code of Ordinances. Section 110-173 (a) (10) (Stopping, Standing, or Parking Prohibited in Certain Places) of Article VI(Stopping, Standing, and Parking) of Chapter 110 (Traffic and Vehicles) of the Wylie Code of Ordinances is amended to read as follows: Ordinance No. 2021-55 Southplace Estates Phase 1 Parking Page 1 of 3 596255.1 127 12/14/2021 Item 3. (k) North side of Cloudcroft Dr. from S.Ballard Ave. east to the point of intersection with the private drive of 101 Cloudcroft (approximately 115 feet), in effect between the hours of 6:30a - 8:30a and 2:30p-4:30p Monday thru Friday when school is in session. (1) South side of Cloudcroft Dr.from S.Ballard Ave.east to the point of intersection with Aspen Ln (approximately 245 feet), in effect between the hours of 6:30a- 8:30a and 2:30p-4:30p Monday thru Friday. SECTION 3: ENFORCEMENT: In no way shall those areas where stopping, standing,or parking is prohibited be obstructed and no parking shall occur therein. The Police Chief, or his/her authorized representatives, is authorized to issue citations and/or remove or cause to be removed any material or vehicle obstructing the area in which stopping,standing,or parking is prohibited at the expense of the owner of such material or vehicle. The City shall not be responsible or liable for any damage to any vehicle or personal property removed from the area where stopping, standing, or parking is prohibited and shall not be responsible for any damage resulting from the failure to exercise the authority granted under this Ordinance. SECTION 4: SAVINGS/REPEALING CLAUSE. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance,nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 5: SEVERABILITY. Should any section,subsection,sentence,clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 6: PENALTY PROVISION. Any person violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum of not more than Five Hundred Dollars ($500.00). Each continuing day's violation or separate act under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local,state and federallaw. SECTION 7: AMENDMENTS. For clarity in reading amendments to the Wylie Code of Ordinances,any language intended to be added to the code may be underscored in the amending ordinance, and any language intended to be deleted from the code may be placed in brackets and stricken through. These markings,when used,and the deleted portions shall be removed when amendments are printed in the code.The amended provisions as set forth in this Ordinance have also been renumbered for ease of reading. SECTION 8: EFFECTIVE DATE. This Ordinance shall be effective upon its passage and publication as required by law. Ordinance No. 2021-55 Southplace Estates Phase 1 Parking Page 2 of 3 596255.1 128 12/14/2021 Item 3. DULY PASSED AND APPROVED by the City Council of the City of Wylie,Texas,this 14'day of December, 2021. Matthew Porter,Mayor ATTESTED AND CORRECTLY RECORDED: Stephanie Storm, City Secretary Date of publication in The Wylie News—December 22,2021 Ordinance No. 2021-55 Southplace Estates Phase 1 Parking Page 3 of 3 596255.1 129 12/14/2021 Item 3. w 1103 1 5 01 ;; '';.. ..;, � �, � .a„� � •, ,4uw CI . 1,11.`,Ii A,p3" "lou nw'. . ,. ��"" ^w .lim "`°., "� a . � .'' U..�"C��G� i „� � wC 41' nw.I... ,.I d � tlN d � � C� �" �ld , ucr� yr 'C � cra , L � p , �,.. re mow' 'III C,' x sl ,yy��}}�� IIIIIIII\, Sy1 �m��'��. 'MYb A� �'Y�I co 130 12/14/2021 Item 4. Wylie City Council CITY OF AGENDA REPORT Department: City Manager Account Code: Prepared By: Renae' 011ie Subject Consider, and act upon, Ordinance No. 2021-60 of the City of Wylie, Texas, amending Article VI(Stopping, Standing, and Parking) of Chapter 110 (Traffic and Vehicles) of the Wylie Code of Ordinances, creating Section 110-190 resident only parking permit areas; permitting parking in certain areas by permit only during those times set forth in this ordinance; establishing an offense; 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. Recommendation Motion to approve the Item as presented. Discussion At its October 12, 2021 meeting, Council held a work session to discuss the parking issues surrounding WISD Schools. At the direction of Council, staff has drafted the attached ordinance to create a resident permit parking only for the purpose of prohibiting parking, stopping, and standing during morning drop off and afternoon pickup times in the Southplace Estates Subdivision. Summary of Ordinance: - There are thirteen(13)residential streets within the subdivision - There are 161 single-family residential lots within the subdivision - The subdivision is a mixture of front and rear entry garages,with Cloudcroft being entirely front entry. - The northeast lot of Ballard and Cloudcroft is a vacant lot owned by the city of Wylie. Financial Summary/Strategic Goals Infrastructure 131 12/14/2021 Item 4. ORDINANCE NO. 2021-60 AN ORDINANCE OF THE CITY OF WYLIE,TEXAS,AMENDING ARTICLE VI (STOPPING, STANDING, AND PARKING) OF CHAPTER 110 (TRAFFIC AND VEHICLES) OF THE WYLIE CODE OF ORDINANCES, CREATING SECTION 110-190 RESIDENT ONLY PARKING PERMIT AREAS; PERMITTING PARKING IN CERTAIN AREAS BY PERMIT ONLY DURING THOSE TIMES SET FORTH IN THIS ORDINANCE; ESTABLISHING AN OFFENSE; 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 Council of the City of Wylie, Texas ("City Council") has investigated and determined that it is in the best interest of the City of Wylie, Texas ("Wylie") to establish resident only parking permit areas (the"Permit Area"); and WHEREAS, The City Council wishes to alleviate chronic levels of non-resident parking along streets with adjacent residential properties by establishing the Pei Zut Area; and WHEREAS, the City Council further finds that it is a reasonable exercise of its police power to prohibit the stopping, standing, or parking of a vehicle in the Permit Area; and NOW, THEREFORE, BE IT ORDAINED 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 Ordinance as if fully set forth herein. SECTION 2: Article VI(Stopping, Standing, and Parking) of Chapter 110 (Traffic and Vehicles) of the Wylie Code of Ordinances is amended by adding Section 110-190 (Resident Only Parking Permit Areas)to read as follows: Section 110-190.—Resident only parking permit areas (a) Definitions. As used in this section, the following terms shall have the meanings ascribed in this subsection,unless the context of their usage clearly indicates another meaning: City Engineer means the City Engineer of the City of Wylie, or their designee. Designated Permit Area means a contiguous area of a single-family residential use containing not less than ten single-family residential lots, upon which the city council imposes a requirement for a parking permit under this section. Where there are less than ten single family residential lots on the entire length of the street,then the entire length of the street may be considered for a designated permit area. Guest Permit means a permit issued by the city pursuant to this section to a guest of a resident located within a designated permit area for display on a vehicle owned or used by a guest which is parked or left standing within the designated permit area. Ordinance No. 2021-60 Southplace Estates Parking Page 1 of 4 132 12/14/2021 Item 4. Resident means a person whose place of residence or property is located in the city as to render him or her eligible for procurement of a parking permit under this section. Resident Permit means a permit issued by the city pursuant to this section to a resident or property owner within a designated permit area for display on a vehicle owned or used by such resident or property owner which is parked or left standing within the designated permit area (b) Parking Regulations within a Designated Permit Area 1) Except as provided in subsection (b), no vehicle shall be parked in a Designated Permit Area between the hours of 6:30 a.m. - 8:30 a.m. and 2:30 p.m. - 4:30 p.m. on weekdays, Monday through Friday, without displaying a valid resident permit or guest permit. 2) To facilitate student safety and motorist safety,the following shall apply: i. Except for persons who reside in the designated permit area, there shall be no student drop off or pick up in the designated permit area between the hours stated above in subsection a. ii. Do not block a crosswalk(marked or unmarked) or a sidewalk. iii. Do not stop,park, or leave your vehicle within an intersection. iv. Do not stop,park or leave your vehicle in front of a private driveway. (c) Exemptions 1) A motor vehicle that is owned by or operated under contract to a utility when used in the construction, operation, removal or repair of utility property or facilities or engaged in authorized work in the designated permit area by the City. 2) A motor vehicle that is identified as owned by or operated under contract to a federal, state or local governmental agency and being used in the course of official government business. 3) Motor vehicles that are stopped temporarily for loading or unloading passengers or goods to a location within the designated permit area. 4) Motor vehicles that are used in transporting individuals,equipment,and goods necessary for making improvements and repairs, providing labor, and performing other services at a location within the designated permit area. 5) The designated permit area shall not be effective on weekdays that Harrison Intermediate School is not in session. (d) Resident permits 1) All residents of a designated permit area who register with the city engineer, or his/her designee,shall be issued,free of charge,one resident permit for each motor vehicle owned and kept by the resident at the premises located within the designated permit area. The residential parking permits must be placed in the lower left-hand corner of the rear window of the motor vehicle. 2) Each permit issued to a resident will be assigned to a specific vehicle,and will only be valid for the particular vehicle to which it is assigned. No permit may be transferred to any other individual or used for a different vehicle other than the one to which the permit is assigned. Ordinance No. 2021-60 Southplace Estates Parking Page 2 of 4 133 12/14/2021 Item 4. 3) Two temporary guest permits will automatically be issued, free of charge, for each residential lot situated within the designated permit area. 4) All -residents applying for a permit or permits must use the application developed by the city engineer. 5) The city engineer shall, upon receiving a completed application, issue a resident permit to any individual that is eligible for the permit. An individual is eligible to obtain a permit if the individual: i. Owns a motor vehicle; and ii. Resides within the designated permit area. (e) Designated Permit Area 1) Angel Fire Drive 2) Aspen Lane 3) Breckenridge Drive 4) Cloudcroft Drive 5) Enchanted Forest Drive 6) Pajarito Mountain Drive 7) Red River Drive 8) Sandia Peak Court 9) Sierra Blanca Drive 10) Silvercreek Drive 11) Sipapu Court 12) Taos Lane 13) Vail Lane SECTION 3: ENFORCEMENT: No person shall stop, stand or park a motor vehicle in a designated permit area between the hours of 6:30 a.m. - 8:30 a.m. and 2:30 p.m. - 4:30 p.m., Monday through Friday, without displaying a valid parking permit, in accordance with this ordinance. The Police Chief, or his/her authorized representatives, is authorized to issue citations and/or remove or cause to be removed any material or vehicle obstructing the area in which stopping, standing, or parking is prohibited at the expense of the owner of such material or vehicle. The City shall not be responsible or liable for any damage to any vehicle or personal property removed from the area where stopping, standing, or parking is prohibited and shall not be responsible for any damage resulting from the failure to exercise the authority granted under this Ordinance. SECTION 4: SAVINGS/REPEALING CLAUSE. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict;but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 5: SEVERABILITY. Should any section,subsection,sentence,clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. Ordinance No. 2021-60 Southplace Estates Parking Page 3 of 4 134 12/14/2021 Item 4. SECTION 6: PENALTY PROVISION. Any person violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum of not more than Five Hundred Dollars ($500.00). Each continuing day's violation or separate act under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 7: AMENDMENTS. For clarity in reading amendments to the Wylie Code of Ordinances, any language intended to be added to the code may be underscored in the amending ordinance, and any language intended to be deleted from the code may be placed in brackets and stricken through. These markings, when used, and the deleted portions shall be removed when amendments are printed in the code. The amended provisions as set forth in this Ordinance have also been renumbered for ease of reading. SECTION 8: EFFECTIVE DATE. This Ordinance shall be effective upon its passage and publication as required by law. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 14th day of December, 2021. Matthew Porter,Mayor ATTESTED AND CORRECTLY RECORDED: Stephanie Storm, City Secretary Date of publication in The Wylie News-December 22,2021 Ordinance No. 2021-60 Southplace Estates Parking Page 4 of 4 135 12/14/2021 Item 4. 11P VNA.Y: „" :'x`,'' '.,a _;,` m�:, ,y4i -•': ^` 4 'ss z, ., :�, P r 1 J 'rr dm..a ";a, tS4 >P mM Puw a � ^u"I �; M rG t ei I..,! } " ii,«,,2 u" 5f=q yo�I a'A �I �i��. ,,Pk a � w=+ww �I * r VkM "p:�• 'tfi Ma A J aallou too Ix^ P ,,,I ^'pro," t �� 'x,•�rnP YI P� m ;. �": �,, pffi ��I,. Cx9 � "„.yp"« ,ci I&, �t"^n. ��r :+. Y e.,, b'I ^M� �I'�� - 'I ^ � '`y F'll ,� .I 5': .� s;a',xm a.; may 4«� .A..' M„�a t m " 4,.. , row; d Iv S !e Pf� n , °ri5�, L7 �.:� q �r'�', �.�,,'4.aao-. ,,,,,...:gym •. � Gp "III„' IIR":;." " ~w��s`'',.; PEJ�IPIC�YM8kT 0Yk�,'�'�.,�t.'%;.�;,y,?,;, s�,'." ''Ya ,�� 'ik'P' t '�I!II^ "",, 'iam" ''m''`.va ", I p�tl.,� ^ "d. ".... t r•''';w41F:� 1 .�Y'^ �"'' s'4ii Ilf l l ;": il„ d z ' n ONIO :R:,. New 4 Ir^ �t E " u per, �E�" vtgt=• r� fir+"L... a.r Iqw, a.l A�ar � a$" f. wIX. I s>t r' k, d4, $F W I fir, aJ" o" d" n ;r^ W: t I�H; IA.. per= ',��„•• z,. l} "1K H a'Y a "a :ie Mlul ti to, t SAL FtE err 9 ;�°rya,-�x,,,.,. a'. 'ii.H' �5'i:; a ipwI f w ,,y iI a' 4: �u a let II i mk � ;�=a A. I' f, z 4', •d *w5w flllm A li 6 �„I �'n � Via. a "�HXlI�SCaM CYR � t roq= m, "'Air" �; '��Mlii9�PW ±' ul N" o"� fix'. I� a�' I • "n }' • W • : ,., 00 rik Tit" Vd�Cl�ti "`.,t.,^�.w""`,.,,r;, ^N 7. n P: 2 1 ��.7'k,�,one,„„ :">b ,f ,<}.t� lc"�' '„ Im.,, "'wm E T Vi9�:�r: < trn„ at,;e� Pl" p � �i Id d ��{ ' �m: µ jt �1 i v, �/It _ s it HRkAi'E® "+M: I.,a' m� �''' ° udm.r , '.`:z m "W I��4�� lI`",, :�x'. t.., .,,,�?„,d ;�nffi¢ � '..�..� � „,+«,«�:�, ��", d � 'I�,.r�.;R� Yf� I �" '� I��b .,","$' ,:; fib"rc'.,.�.Il�r,".� a, "Ip' �"s"tt�� n. is� q � "mi�� NNN P''�'":�1� '��.'� I° " a.I it 'I��. ?�Ida' 4,� a'" "w tM11A.F'� I«M.� N.' �' Iah. 14, , A a:..0 .y s� ONp �y4.s«" � �� '.� p 'm Rmi6 o 4 k u4c V P' r o, I " I' ^ o- y“,2 avl iuii m4� ,P;, ',44, .�� '-'.., 43,,....'„ •, w•.: µay.:^._.' 4AI£ES NVIIG * rilikt.1, ,PRII �° '.I H4r" �: 'q' ' a�� .�P11, �a "�� ., 'iK� �"'�� I"f14.. I . I I M^^ �p , 1 C.3 {e5 ��e iA r� ems,.off"n I t dv, .',j91m' q�nu .1� n� x: ' t �1 I wA"' @' �Y yii Y° R:: I�' V 1 :�,M o� x l Po i• ...�I �n—M la':'wry i' .I w ul, 1+*�� 'P r 'im�;a t. a� 136 12/14/2021 Item 5. Wylie City Council CITY OF AGENDA REPORT Department: Planning Account Code: Prepared By: Jasen Haskins,AICP Subject I old a Public Hearing to consider,and act upon,a change of zoning from Commercial Corridor(CC)to Commercial Corridor Special Use Permit(CC-SUP), to allow for a restaurant with drive-through service on 1.03 acres,property generally located at the northwest corner of State Highway 78 and Birmingham Street. (ZC 2021-23) Recommendation I otion to approve Item as presented. Discussion OWNER: Wylie EDC and Wylie Industrial Court LTD APPLICANT: Patrick Filson The applicant is requesting a Special Use Permit (SUP) for a drive-thru restaurant on 1.03 acres generally located at the northwest corner of State Highway 78 and Birmingham Street. The Zoning Ordinance requires all restaurants with drive- throughs to obtain a Special Use Permit. The proposal includes a new 11,100 square foot structure to include a maximum 1,800 square feet dedicated to the drive-thru restaurant on the southwest end of the structure.The SUP conditions allow for up to 6,000 of the remaining square feet to be a restaurant use (without drive-thru). The remaining square footage is proposed to include unspecified uses that would be allowed by right. The proposed SUP conditions and the zoning exhibit include several exceptions to typical Zoning Ordinance and Design Manual standards: • SUP conditions allow for parking at one space per 250 square feet of structure while allowing for potentially 7,800 square feet of restaurant space which the zoning ordinance requires to be parked at 1:125. • Required parking is a minimum of 80 spaces; the zoning exhibit provides 38 on-site parking spaces. Proposed off- site, on-street parking provides 19 spaces for a possible total of 57 parking spaces. • Off-site parking includes utilizing public ROW. • Off-site parking requires backing into the public ROW. • On-site parking spaces are 9'x18'; off-site 9'x20'. • One-way drive aisles are 14' instead of 20'. Elevations were not provided and are not included in the SUP conditions or Zoning Exhibit. The surrounding properties are zoned Commercial Corridor and have existing commercial uses such as general office, daycare,bank, general retail, and restaurants. There are currently 10 other drive-thru restaurants within 1/4 mile, all occupied. The site is located in the General Urban Sector of the land use map and the proposed use is consistent with the existing surrounding development and land use classification of the comprehensive plan. 137 12/14/2021 Item 5. Approval of this SUP shall require an amendment to the City Code of Ordinances, Chapter 110, Article VI, Section 110.173(a)(10)(i)that prohibits parking on the south side of Industrial. The property currently consists of multiple lots. Review and approval of a separate site plan, landscape plan, elevations, and plat shall be required should this Special Use Permit be approved. Notifications/Responses: 12 notifications were mailed; with no responses returned in favor or in opposition to the request. P&Z Commission Discussion After some discussion regarding the limited parking and the request for off-site parking using the public ROW, the Commission voted 5-2 to recommend approval,with the dissenting Commissioners siting the off-site parking,safety concerns backing into the ROW, and general size of the structure relative to the size of the property. Financial Summary/Strategic Goals Planning Management 138 _ Locator Map 12/14/2021 Item 5. ; '; % ;^<,.;,ti., W OAK';ST z " ,,. vr„ t,,„`' ,'tix,zk�„, ;,d,,i„ "'` ^r '"a .a x',x„ ,,„„' ,�y,,st,+,o,,,`,` 14 ,..,114 `��1, r ,yvc �� `�,„" ,s,„' • °r rv,4 ,,,,.-,.,„ • 1,� yp„ �„,�n� " �.<y,.,.`„a.1 „ 4 "`',, .��„ .a °' ''°"wm ;.i 77, wa , �r ■■' 113* 10;103)1'SC 101 �, " Ai ■%,100 is , �'+ 07° ' u '°' t & �w' 4 MD m 102',. tip '"4* t 91 t444 ' 4 „ ��1��,, &fin , r^.�; ",t '3,3",,, 44,,,":•',,:..34314t,„13;,,;;,', �' (,P, �. ' ,i4,� rt ', �,' o..' °�u. «a°rc;�,:,,"' p .`" i •° "' ..,x. vs+s' 105 ,U, ":. .4, p'; , tto L _EMI ',".,Q•: ., b •n.„1,344.,:� "to ,414 y : Lk ,n>,atr� *�� t r 4„ „ + i � }+ t4, y'i ' ,i»,00' ,1 , ,- 44.1 � a dwro • d i�� f ° ` ', 11m3 44 Up { �, , 4 i m, . `k '' `,, m P • " � m e • ' v4r r' w;„", �< �/ ;°' i„ ` ' 54y, r,MV� " i ,",, d.4 A„ , 204 i y �`y 4' - �' x� , N ,°�� Y'4i 402g00 �" '�' 'y" '' $ " �., g . ,4 •a '. 0„e ta;„,, �<Si <;~ ,� " ""2,. (� � . "/ 44/44 •4.4 /,,•«30a ,�k 1R ' e , t ' .rf,F`` " a,. 3, � ,:, sit � " Q „ i 14 a1, i ro„ ,, ' ' 4,.,,4 '4,A,, A v�4, & ,‘,4' V//^VST ' ` ,t��a '''t .i^,. . G. , S A „ � , S .fi aR� ,; t q ; =,gip `�° 5h,� +� - r, nu, • '',,, ,,.. ,. '. °� �" • ', 202," �," } s, a„„" rW�' '.. „N.x., 204 x" „15- �ii , '4 4 its „�` ' 3 3, t ';' ' .1 ,, 300 20s 3,, V( 201 d ,rN,,3^,3r4,° „t r;, '' t�.° 'Wnv y ��o� '� n� , pp'@�4.r. '.y.4 vn =, an°"»?J9��'�`,''` J 't b 1 �. A" Iuiu 1°i ��o9'� �"niy' ^i ^ xr• '�� ,, ^woii„x" ,,"i r4, ' �� 101t`,'s �� • 'w,'nx,},, ,' e�i': ;,•% '�,,tt,y,,.to;tttt, a205 °„ ,'"3, ,�`4,fits,{e,#,1,", ¢ 'It" '; :a. ' :, ".1 "�,. ,, ,°.ur /„�,� +. a 250 i0.,..' , "<',; ,9. ii: 3 4'5`+° W„ , (VJ' '(h ` ^,',emu 'M P.t '.' 9 W • 44"444 .d �,�a „ `ra„ �e�', � ` ";� .„ `�� ,4„','. . d`' ins �� „ a�? ''"` °; , ', " Q• °.,f,;.. 17;,'\ °"^rr,a ,� 'yt', . c,`'gip , . 4 0Arm ,. 4 err,•(�4 .; ,, 0 a, �,�,, �� .p' ';, 43� �a)4 ,13 3 ' CALL®WAY„S'T `:2 =a a 'fir .;e„id' ' 4.33Q( ,,'', i �v?" t,""d° ,3, '" ' # tr a s --wn" ��r 41�'. i^`.. rb';a„ 3„„^r,'xiS r M'r„ ,�" C� �n y, 4x t It•' ""1 t'330.3 ;��x,t 't "'', i 3,IA, ',c° 400 ,. 4 ^"f1336, s ' + .a " AA `, col—i •, ; 4. „ J' , 30 ,;'; *� A`` ' , v m. AAA r *' :,',,�� a ,,,,,,A. ,:0", ,'. , + "':, �� o; ,;,,'w, 406 ' 34,3334344) ,,,,3 „4, „I 0 ".i.:"3ti,j, ,,,1,; 1,,,: ,,,,,,,,3 N". ,L ,: ,, 1, 406 „, '0 3 )330,, 34N, „" 4' '„34)t,.40, *NO 41 ® P�° ,,"' . ,, ' .., 203' 4W 14 `:;,r,rx^ `,"c\ 4¢ ^,,:. ,. E!oil ^� ,°%" �, i w�„w..:y l,''tk dU`c,,,,lux 410 I�,a4"- 4 ' '', ,u , �F p 4`°a ,1 ,„7„ x n `fir 4.x''�'^ 4,'".i {;,rd 44;,,°d° ," 'f' a' � a ,P ¢ �%, � ��t" dl 420' • WILLIAMSo .0 " �5. , " � 3 :ST,,,,,,'et 4 „,, ,0". ,,„, , 4 "s'.r "4 ' ; 'NI 33 IN ',, i' xd '.,rssGn0.0 „tS,i' 'f,'"1 l�1° ZC 2021 -23; Victory at Wylie; 240 S STATE Iwo, � AY 7�8,�, }f ! r.-__ • �� Subject Propertyiii-14- 1' . flit .�� ' I�°°°°°Y 0 CI ' , 14 0 125 250 500 750 1,000 Feet WYLI E -.,u ; . .�,� 1 I I I I I I I i I I I � " _ 4. 139 12/14/2021 Item 5. Victory at Wylie EXHIBIT "B" Conditions For Special Use Permit I. PURPOSE: The purpose of this Special Use Permit (SUP) is to allow for the development of a commercial site to include one structure with a restaurant with drive-in or drive-through service use and provide for certain variances to regular zoning ordinance requirements. II. GENERAL CONDITIONS: 1. The site shall be developed and uses allowed shall be in accordance with Commercial Corridor (CC) design standards, as provided in Article 4, and 5 of the City of Wylie Zoning Ordinance as adopted April 2021, except as specifically provided herein. 2. This Special Use Permit shall not affect any other regulations within the City of Wylie Zoning Ordinance as adopted April 2021, except as specifically provided herein. 3. The design of the Victory Wylie development shall take place in general accordance with the Zoning Exhibit (Exhibit C). III. SPECIAL CONDITIONS: 1. A restaurant with drive-thru shall be allowed as a condition of the SUP and as generally depicted on the zoning exhibit. 2. The maximum size of the structure shall be 11,100 square feet. The restaurant with drive thru shall be a maximum of 1,800 square feet. All restaurant uses shall be a maximum of 7,800 square feet in total. 3. Parking shall be at a ratio of one space per 250 square feet of structure (1:250), including any restaurant exterior patio seating area. Parking shall be allowed along and into the Industrial Court right-of-way as depicted on the zoning 140 12/14/2021 Item 5. exhibit. Parking spaces shall be a minimum of 9'x18' onsite and 9'x20 along Industrial Court. Angled parking shall be allowed in two-way drive aisles. 4. The landscape buffer along State Highway 78 and Birmingham street frontages shall be a minimum of 10'. Neither a tree preservation survey nor tree mitigation shall be required for development of the site. 141 12/14/2021 Item 5. 0.1Na, Ta OF r IN 5**FOR OIL PURPOSES below. ° o CONSTRUCTION,BIDDING ARE �....., - Know what's bN OF � �. . �. I w °., T f .. - W all before you dig. 550-0 T N °M o555 55) 1O P°13Sm5NEa ANDREING INDUSTRIAL COURT Z 0 AP 0AN° V 1 THE . 1 0y ee `\,v 50 OW. Ns ,ti 1 a 5 .,d 4,. ET _ m 1 — PRESTON ROAD SUITE DSO ry - I LEGEND f 5,55 rv >` `� ° 48; \\ � �\'r �. i = "f� �nPaN�°E +H 44 1 Y'`} r � P�°Poo,H AR ,Hx w 25-52 a F' + / Q 'i ^° -- r ''1 a Pay �...__....� 0 0 z / `\\ °PERr S°°NO,. z / ,azo /`� re�e �l\ fi LOT=1.03 AC — •�� tI (4 • J q'\\,.,, RETAILIREST �0�� Q + k BLDG=11100SF �4 7 ♦..1 U?., l ,.i E KE SITE PLAN DATA " A"° v� 250 i 571PARKS ��0��.4.11 ` t\ 9 rT. �� j�/A r�S� +f , \ e\„A�� J V.O // KE PARMNO DATA TABLE \E i t. rvv / ` J RON>w n NazgNo 38 arts vary O 5. 2e o /// / Ns ''��'+ 1� GRAPHICALE ��JJI a zo no xeet ` \ / P��gV oo�� MAI Y'+ „� \ �� \N p� SITE PLAN w.�� yp ,. Rx, �0 1 F C,E R• 4 ff + CRY PROJE TNO SP%%%XXX N G .57 KE PROJECT NAME a KIHKNAN F INLt'IN I.LG ' 2Rt2 Yx.W 61E NI A .i p - N COL 1 034 c00E2N souNr. TEXAS ISDN NO-155/4 a - JON NIIMRta,VK2IX123 WYLE - NPR PATe, oS/30/21 APNAIXERESS a / L.,,,xltzss ° SITE PLAN ENGINEER SURVEYOR :rl 54440 co o.oR GARPN=R E IA T�A,cK„aR ry RP, SHEET C3.0 142 Notification Map12/14/2021Item5. dk,. 4 _1124 i 110 ma 1,. 10 / KE.LLERS 1 204 200 v / s, NORTH SIDE r .a. 11611 OF SH 78 ,/ KELLE SECONp KELLERS 2„, i i,,i, -:„, ,„...4.1 ,ili / AD DITIyy@#p°q 112141 2AFw F (BLK 1 T � Y°_212 , -- ..... ....., ! /‘ ,/.»*'° CORN RSTONEe iii ,"` NAATIONAL .+'`* PRIVATE 0�y 101 / 14 / 120 � `bt ` 6ai ` / / 202 ., 'C\� / t 204i f OOTT��N BELT"' iiI r� Iiii ��®��`iiiiii � / � .. 41��•�� , t i 'AV UE AND' .i s° 'II,: .��+�� r F EMiNG�" T ,� �i�i'�.i'��i'� ii i!�' / a \ \ N.�ii�i�i'i'i!/. c i //✓ • � 2 r 2 "�� •:!:� / PO SUM LODGE'/" RAILROAI'. , ° INDUSTRIAL. " '"" � 1 ..,..... PARK */, / I +fir _. �, w ,.yew P� .'mow L L C?._.. + ,.;;� WAY ST 330 + " 330 .` y► 330 ,/ ‘.` ,/ �.* KILLERS 1' 201 21 330 's,� ,,-'/ *,,0•' � SOUTH SIDE ' •'" OF SH 78 p' 403 10:C1\ "° 31° as / AMERICAN / NATIONAL pANK"ONa 78 N r e A / /,' ! : 41�R1. 303 400 2/ 1AMERICAN/N'ATIONA BANK O+�N 78 , ZC 2021 -23; Victory at Wylie; 240 S STATE -111 A " 9 ,„ 200 Foot Notifcation Buffer ►��♦ Subject PropertyIrIt ;,,,:,,,,,,,,,,, , , _, , „... , „I L-- r� N � 0 62.5 125 250 375 500 Feet WY L I E , µrA " I I i I I I I I i I i i i 143 12/14/2021 Item 6. Wylie City Council CITY OF AGENDA REPORT Department: City Manager Account Code: Prepared By: Brent Parker Subject Consider, and act upon,the approval of the modification to contract#W2018-118-A Solid Waste &Recycling Services with Community Waste Disposal L.P., adjusting the billing rates effective January 1, 2022, and authorizing the Interim City Manager to execute any necessary documents. Recommendation I otion to approve Item as presented. Discussion A solid waste and recycling contract renewal was approved with Community Waste Disposal(CWD) effective September 1, 2018. Section 14.02 of the contract outlines the process for rate adjustments. A rate adjustment can be requested based on the consumer price index (CPI), the price of diesel fuel as reported by the Department of Energy, and the disposal costs of the Garland,Texas landfill. If this rate increase is approved,the Fee Schedule will be update and placed on the January 11,2022 Council Meeting for approval. City Rate Add. Cart Wylie $14.21 $4.07 Allen $15.59 $8.89 Frisco $16.00 $13.00 McKinney $16.96 $6.60 Plano $17.10 $14.25 Murphy $17.65 $10.47 Sachse $18.33 $7.48 Rowlett $19.11 $9.56 Garland $20.58 $7.10 Richardson $21.00 Mesquite $22.25 144 12/14/2021 Item 6. Re 1 d e nt i al Rates szs,so ,VOinve, %WOO .5 Z0,00 4,4151p. Akomoo* roolOoll .„, . $ 5,00 1•194091 00,,,,,,,,ho, ONO iiiikilii liti.40M;11 0,64* pr,Y,"OA IfillpkvA, ogclaim 1041,0; -,4,0104#,,,, OiWompts 4k4s0A,',44, ,,',4040.04 tipt10,,RA ***MI $5,00 00 000. i0***' 1,100 0,14,,WR 1,04,„N ,,,Ve0100„, 0,,A4V a q,00/4,44, A.,0,t,,,,A.4vg. 44,04,40 ,,,kowa,,,e.„ 04110,PA ,,,,,gm,,ego 0440.40 ,00,f4,00,„f, 1 0 0 0 ,I 000,00 Ilikket titibilti elow,mr, WHAM W,71..ie AjLen Fr ls:co McEinn,a V F an 0 MAIrphy Szteas* .R.owLett: 'Garland Fichardlon Telazclu'in Financial Summary/Strategic Goals CWD has requested a rate adjustment as outlined in the attached letter. The proposed CWD residential trash rate of $11.41/month is a $1.05/month increase or about 10%. If the rate increase were passed on to the resident, the new monthly rate billed including administrative cost would be $14.21,which is a 7.98%increase. 145 Action Plan .._ _ ____ ,__ _ ___ . _ ___ , __ _...... ___ .. __ ________ ___ Jason Roemer Vice President rMedigovich Municipal Coordinator ., , , , Or I' C W D CITY F t .,�f 11 2 . .. <r'S m<t <iixexy�, tutiti' . ..S ..ti .4) .N`4 N... �c'"!{:y 4tf t li t'.t l ti 2� tV4tzyq tt c,! 't \ si U \ "4 SC wll YS`4.S '2 S Mz "S x '2 a `,'k t vYte is ;`z s 1. ,z ',�x`,t i,z ytis <,, u.,nS t r 1 S e > ,its 1 1 t �.n1. 1}1 t. :a s k {1. ,vv .s2 t List ?. i , 1 ' t 2., f`',t y C .i 4 . Sxit Y 21tN s `Sl .l `rS,.N2. )l4 #`2 ^.S b 2¢aS l\ 4't24 'i Sl, , t `f 1t. t7� i rt4 2� `•ti S Y ` F It rt I't Y 2 "t 4 ty S,4 4, 2 i 4 s� s 7T S l�y� . .ISF £ 1 `b } x4. V 4 k'S< \ S S tY t ,3}`1\ 111#s.; a#`, 5tt t a 2't SS v�t rl l t �; t ,?a4,b t Z 2 ?9 ,v. a i,. 3 `,?� t ?tt,27. ?1\,. }r,§7 t5 v Y l"*z• t> .t oy�}t t ,2��r.i2b1i'.2 4<l}SZ>�z��t c�i(t4r@r`��Yt�'�SS�14��5 Nl t#n�1{S42't4t\Rl (4`�1�>'Ni.�1 t1 5z�i2 l��l^"4i�"Y��},S't ��.:4 7�'si'itttl�(I�ji��}y i<��t%�J.�gN l' 1r 1�131Y}�.s. Ft� �r lSY'N S�1V>tl�� tiz:� t z�t,\v �>,la .�ohy..E.Trs�d�(4 jSSo;�U�1 � 1.)6 c\ 22,'S 1£i14i?'41 ��,S i�� 1„2JR't.ti\�t�gy�3l�r �^ w' :. ate,.. ,.,." �;� x� . » ~~ CWD Action Plan Collection Delays CWD will notify the City by 3:00pm of any known delays in trash/recycle collection Goal — provide the City the information needed to properly notify residents impacted Truck Spills/Leaks CWD will send a cleanup crew within 48-hours of any reported vehicle spill/leak Drivers are trained to stop work immediately if vehicle is leaking any fluid CWD S.:Ck`,.3x4Y;.;FR=$i"F1'S;w•4'i4°:`::5t:`tj„^.{$;^>dR.kr,Y+'i9 S.., S v} 4 rrY S' FC � S zS.l ^ vrix SYis" < 4S 7 ,<7 4 J S 1i : i} \4 3 Y C }V, F .'�e J .4 t � �; t:. ,i £h.2z, 1� �?a ��b,t �c{rat Jt't �`C�{rt'4�4 CWD Action Plan Adjusting Driver Workload CWD added 2 residential trash routes in November 2021 and will add an additional route February 2022 CWD has partnered with NewEdge Service (GIS firm) to begin process of adjusting driver route workload # CWD Routes # Houses Sep-21 Nov-21 Feb-22 Monday 3,879 5 6 6 Tuesday 3,786 5 5 6 Wednesday 3,908 5 6 6 Thursday 2,893 4 4 4 Friday 2,979 4 4 4 \`.q"s}S9Ta.as#Yi y?;1taY;;i4Y;. i;$Sf,'t u'SP.v�t�akS'; > 1 S }, S U�'.\. ,�3 �7 " 4f . ,.}0. ��5,, �}^x,x > >�,.tiJ�` rl t§§};}kJY CWD Action Plan Service on New Streets City Staff will provide CWD a weekly report of new homes that are the first on the street Proactive work orders will be issued to ensure drivers are aware to service the new street Cart Delivery CWD delivery drivers will contact City Staff the day of scheduled delivery (Thursday) if an address cannot be located Any reported missed deliveries will be completed on the following Tuesday DW D 2S.i':>;^;a .:l ztz=•yrY Q" l' , zF't'+eet rr"=t'••.,FrY z, } i :i�) z.t)Y 4> �C`, 4'. ', 4 4 r §�. xcfi� S YY S'.t' 7 Ut°.tiS. t\x ,('l/zfiS S Y �141/ }ti ,S. 7 z,tx, 4) t {�SY i �C 4�`SY� Y S Fi`. \c1 ;i'/ 1 } � /k k^, 4 : l �7 }t I/( .} 1 ,:1,.1/ 4 z, }I tr e,t � } tiP .,z:�i 't ti� / z,{ .ry .4 7i =,} ?.t,it t �2 L l ,ti � F� ,4 }t, 5 .}7l �41 4 ! \ t ,C, ta, tG S t.i.4�xt„/.n ;;I `t#,, 1, l, £ > PP ?,¢? ti z/e /� 7h ,:,�lr..as�4ta��,kt w1?i'St:�k�7s..�tt.Fs'atia`t;:4 t#„iti�,lsl<..�i<.tP.,c�aS4.�`t� v,�, o.e P��ivpo,t iF} ,#�3}\..Y`?5�,..v�,./��ji 9`c Z>.t{n>a1�S,`�h,�IS�S�,�,.?�,.`�Z CWD Action Plan Citywide Bulk Sweep & Scheduled Collections On November 13th, CWD began a systematic citywide sweep of all bulk/brush (no call-in required) Over 7 days, 13+ collection trucks collected over 48 tons of bulk brush 30,000+ scheduled bulk collections each year All reported missed scheduled bulk collections will be completed no later than the following Wednesday Meetings with City Staff & Community Involvement Bi-weekly meetings with City Staff to address any issues or opportunities for resident education Continued involvement in Wylie Chamber (CWD) .�. r.11, S.Sx,\tR { J 'iS. I 'civ. S' ..\SszJ t t \ t E "t \ :*a1 r'\ S ED.oti �xrir,:',••mti','..�<f t4 S S tJ , .S ', IJ 1+ q Y? xYa,t S 1`✓} E `, S l 1 3,r 'ti.4 l l. fi 6 t ) J't t.rtl D a1 ?r' It , .3 a t t�?e,lzl�fit: .,yls;>,at.i r r v �r�'s 5'hR 1'1 a 71 �Jz r77t zIv 171t �S,Z E � «w '^" :"•�"" "'^"""�'..,.: �. �: wM:mm um�'" "min w9rv.........: nwM �: ,�a, mw� CWD Action Plan Third Eye GPS and Service Verification System To be installed in all trash and recycling (side load) vehicles by end of February 2022 Live GPS tracking Instant service verification (with picture) and functionality for on-demand video recording of all vehicle cameras � Instant Service Live GPS " 1111111111111111111111111111111111k �� ' Verification tracking ` r t«��.. ti..s5 < s t<< si �, r tEi 1 as.'l 4� 1 s 't.�f� �5�4�ti� 1' i , \ \t � �� l'ti.� i�4 \ S �� 'sl \.i r{�; ._,^, }i'�1�"t ti c �i � S i .1. t\x �l( 1 '�z 4. �>0i YS 1 lY tit''� J 3 E,c \ `�'�� F t 4 tt�.. °'6) 4 i,t t h�v{ � l S 1 ti l R . ?.. � t tip lz l ."ti �. c} S ':i ��`xf S \m >i . 1 2�tit �fl� `� 4S `t'�i 11 7, i i '3� 11t Y� C t 2e S S '1 . i �3 lr' "� 1 Y } t :.�. � �S .10 l z 4r7, la 2 t 4 I, S � TM .�� }, �t Y {.I `�� 1. < 1� 15 ti� sti ,.3 1t �S��it.�t h �^ ", U. 1 } ..f 7a. t{� h� t� 4 .1� n. ..t=.. J� � r� l 1i fs ?�� C3.�u5. t� 17z2�:,J�.� ,,Y„i�,}iA.. ,`a't. ,7,iv?,. Zc� �.�4t..ia .�> �n7h S. ? itl� .l�`,?�r� ..� ,�tt k�, ,� %x�. ,27ti�.�t e,,:t\� tt, s 4P..t:l 2, �t�sr:lo.U.s ,o��,,.SJ „1 Atiat zS. .a .�5 ��C � > b��, n.��,�s�z.t,��a ,�}�aG>,�� ?�l%.?7 ,..,v.s� tsZ�2> „1 e.�,c ��'��2 7Lt� 71 t� � a .A,c #zi �.:� .,t :7�5� �,,, ��t4�z :��< „S �,,,,�5� ��i ,,Pi55��Z�1.ti„� ,�t z � Questions ? .,... ,. „.. ,.,_,....._ ...._..._ ........,_____., .... ..______..........,.._.,,„.,...„__ __....„, , __..,„,....._ „ ....,.... ........, ._... „......__.,„....,_._ _....... _...„ E2T R't� \t:£ iX.l.. •�.,�C 7. .t.,, Y lY' "t" til `.. • .Y Y..ii ..£s1.�,t Yu.tc. 61�i 1ti t� S ':i tiS Y'� 4 ',"t1 tiS, Y £,!k \ S'f Y C 2f �2i f, ;t ram. ? S 'i c'\ l'."�.�; ��vi „ `ti1S }to£ lu '. t �ti�h l`;9 Y } i 1e, `, ".m � C S\i^i5t Y}t t4�. '� {,£ � 2 ,� �S .l ��I } 1"i' Sc � 4�S' � i ��1 t l 2f l `\ 17 � t. 2zs� t 4� (t, �. \c£ Y Ott. 'ti � t4 i 4+> t> 1T 4 E 2 �.':. 3i '� 4 t,£ 1. s ?s`� 1 r7 �{ �ti.L �S „z�'s'ex C k. t 't �, , i \ t 4 ;,� e..t 'S �# t > 1 ,i ,2z ov , 4 U t 1 a 1 4.t i i .7 .2} t i o't £, titi tc ,2 f ,,, l£ � is 3 S 2� �i� 1'i , ti l a.. }�� 1 t 1,fit C,£ ySl,t.ir }7 ,i Y `,, i£ �,� £ ,}, 'ti4 £ `�.�t q} ?.t `,� .4;d £ �c �rF ii it �7 i hu.,`_::, �}££a f�`,�1�: all },..i l,ti..r3 t,,� �� n*ir itf,iti,„{t,J, �fn:y,1i.81 s ti. £s }�. ,£s>,3 .i,4,£ ?blSZ. ,. 3J 1 t.7§�i�L�:,t 2--- ..AA.,t, tl I2,.,. }.1 Ue i, 1,t~, h`...�, c`� ?l t3,, z,,Y 7 tt£.,,,� £�s tih .,*. .;�. £. Ca<> ,; < � .�i, t�.�,.,. i ?}�.�>� , 4{t} v 1£ £ �>...� �41�,..�,. .,. � S,,�,.: })1, �...� l ti,, z �,�>�� a,,�� 1 .� U�1 t t<4 7�1 s �„t s� � 1S z ti?,m ��, Z� ?,:�� ,- .. . , 12/14/2021 Item 7. Wylie City Council CITY OF AGENDA REPORT Department: Police Account Code: Prepared By: Anthony Henderson Subject Consider,and act upon,Ordinance No.2021-59,amending Wylie's Code of Ordinances,Ordinance No.2021-17,as amended, Article VI(Stopping, Standing, and Parking), Chapter 110 (Traffic and Vehicles), Section 110-187 (Overnight Parking), to allow campers, RV (recreational vehicle), or travel trailers to be temporarily parked in front of the owner's residence for loading and unloading purposes only for a period not to exceed twenty-four hours. Recommendation I otion to approve Item as presented. Discussion Staff recommends amending the Wylie Code of Ordinances to allow a camper, RV, or travel trailer to be temporarily parked in front of the owner's residence for loading and unloading purposes only for a period of time not to exceed twenty-four hours. Financial Summary/Strategic Goals 146 12/14/2021 Item 7. ORDINANCE NO. 2021-59 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING WYLIE'S CODE OF ORDINANCES,ORDINANCE NO. 2021-17,AS AMENDED,ARTICLE VI (STOPPING, STANDING, AND PARKING), CHAPTER 110 (TRAFFIC AND VEHICLES), SECTION 110-187 (OVERNIGHT PARKING); PERMITTING PARKING OF CAMPERS, RECREATIONAL VEHICLE (RV), OR TRAVEL TRAILERS IN RESIDENTIAL AREAS ONLY DURING THOSE TIMES SET FORTH IN THIS ORDINANCE; ESTABLISHING AN OFFENSE; 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 Council of the City of Wylie, Texas ("City Council") has investigated and determined that it is in the best interest of the City of Wylie, Texas ("Wylie") to establish guidelines for temporary overnight parking in residential areas); and WHEREAS,The City Council wishes to allow temporary parking of a camper,RV,or travel trailer in front of an owner's residence for loading or unloading purposes only; and WHEREAS, the City Council further finds that it is a reasonable exercise of its police power to prohibit the temporary parking for loading and unloading purposes from exceeding twenty-four hours; and NOW, THEREFORE, BE IT ORDAINED 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 Ordinance as if fully set forth herein. SECTION 2: Article VI(Stopping, Standing,and Parking)of Chapter 110(Traffic and Vehicles) of the Wylie Code of Ordinances is amended by amending Section 110-187 (Overnight Parking)to read as follows: Section 110-187.—Overnight Parking Overnight parking for storage on any paved street is hereby prohibited. The term "overnight parking for storage" means the habitual parking or storage of cars, trucks (through or local), tractors boats, trailer, campers, recreational vehicle (RV), travel trailer, or other vehicles on paved streets or right-of-way during hours from sundown to sunup, except temporarily disabled vehicles which are protected by flares or other approved signal devices. It is not the intention of this section to prohibit or interfere with passenger cars, and up to three-quarter-ton pickups to be parked overnight. An exception to this ordinance allows for a camper, RV, or travel trailer to be temporarily parked in front of the owner's residence for loading and unloading purposes only for a period of time not to exceed twenty-four hours. SECTION 3: ENFORCEMENT: The Police Chief, or his/her authorized representatives, is authorized to issue citations and/or remove or cause to be removed any material or vehicle obstructing the area in which stopping, standing, or parking is prohibited at the expense of the owner of such material or vehicle. The City shall not be responsible or liable for any damage to any vehicle or personal property Ordinance No. 2021-59 Overnight Parking Page 1 of 2 147 12/14/2021 Item 7. removed from the area where stopping, standing, or parking is prohibited and shall not be responsible for any damage resulting from the failure to exercise the authority granted under this Ordinance. SECTION 4: SAVINGS/REPEALING CLAUSE. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance,nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 5: SEVERABILITY. Should any section,subsection,sentence,clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 6: PENALTY PROVISION. Any person violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum of not more than Five Hundred Dollars ($500.00). Each continuing day's violation or separate act under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 7: AMENDMENTS. For clarity in reading amendments to the Wylie Code of Ordinances, any language intended to be added to the code may be underscored in the amending ordinance, and any language intended to be deleted from the code may be placed in brackets and stricken through. These markings, when used, and the deleted portions shall be removed when amendments are printed in the code. The amended provisions as set forth in this Ordinance have also been renumbered for ease of reading. SECTION 8: EFFECTIVE DATE. This Ordinance shall be effective upon its passage and publication as required by law. DULY PASSED AND APPROVED by the City Council of the City of Wylie,Texas,this 14th day of December, 2021. Matthew Porter,Mayor ATTESTED AND CORRECTLY RECORDED: Stephanie Storm, City Secretary Date of publication in The Wylie News-December 22,2021 Ordinance No. 2021-59 Overnight Parking Page 2 of 2 148 12/14/2021 Item 8. Wylie City Council CITY OF AGENDA REPORT Department: City Manager Account Code: Prepared By: Renae' 011ie Subject Consider,and act upon,authorizing the execution of a Deed without Warranty to convey 0.0337+acres of land situated in the Samuel B. Shelby Survey, Abstract No. 820T, City of Wylie, Collin County, Texas from the City of Wylie to KEP Brown Street Village, LP. Recommendation I otion to approve the Item as presented. Discussion Staff was contacted by a potential buyer of the subject property regarding a filed warranty deed of a drainage easement located on 511 W. Brown Street. While researching documents and ordinances, it was determined that the warranty deed gave ownership of the land, in fee simple, to the City. An easement typically does not involve transfer of ownership, but rather allows the use of land for a specified purpose. In this case, a drainage ditch. Staff has worked with the owner and City legal team to draft the attached document that will deed the land back to the owner, without warranty from the City. The deed without warranty is a document that transfers title without any warranties, express or implied. Also, on the current agenda is a document that will dedicate the drainage easement to the City. If approved,both documents would need to be filed with Collin County for recordation. Financial Summary/Strategic Goals Infrastructure 149 12/14/2021 Item 8. 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 Attention: City Manager 300 Country Club Wylie,Texas 75098 DEED WITHOUT WARRANTY STATE OF TEXAS § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF COLLIN § As used herein, the following terms shall have the following meanings: Effective Date: , 2021 Grantor: CITY OF WYLIE, TEXAS, a home-rule municipality Grantor's Mailing Address: 300 Country Club Wylie, Texas 75098 Grantee: KEP BROWN STREET VILLAGE, LP, a Texas limited partnership Grantee's Mailing Address: Consideration: TEN DOLLARS ($10.00) cash and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged Property (including any improvements): 0.0337±acres of land, situated in the Samuel B. Shelby Survey,Abstract No. 820T, City of Wylie, Collin County, Texas, as more particularly described and depicted in Exhibit 1, attached hereto and incorporated herein for all purposes ("Property"). This conveyance shall include all and singular the rights and appurtenances pertaining to the Property, including any right,title and interest in and to adjacent streets,roads, alleys or rights- of-way; and any improvements, fixtures, and personal property situated on or attached to the Property. This conveyance is expressly made subject to any and all easements, restrictions, covenants, conditions and reservations of record, if any, applicable to the Property or any part Deed without Warranty—0.0337±Acres Page 1 of 4 3568872 150 12/14/2021 Item 8. thereof. Grantor, for the Consideration, grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's successors and assigns forever, without express or implied warranty; and all warranties that might arise by common law and the warranties in Section 5.023 of the Texas Property Code(or its successor) are excluded. NOTWITHSTANDING ANYTHING HEREIN CONTAINED TO THE CONTRARY, THIS CONVEYANCE IS MADE WITHOUT WARRANTY OF TITLE (WHETHER STATUTORY, EXPRESS OR IMPLIED). Each individual executing this instrument on behalf of Grantor represents that all appropriate and necessary actions have been taken to authorize the individual who is executing this instrument to do so for and on behalf of Grantor, that there are no other parties or entities required to execute this instrument in order for the same to be an authorized and binding agreement on Grantor and that the individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof This instrument may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. When the context requires, singular nouns and pronouns include the plural. EXECUTED on the dates of the acknowledgments, but to be EFFECTIVE on the day of , 2021. GRANTOR: CITY OF WYLIE, TEXAS By: Brent Parker, Interim City Manager STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally appeared Brent Parker, 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 Interim City Manager and duly authorized representative for the City of Wylie,Texas, and that he executed said instrument for the purposes and consideration therein expressed. Deed without Warranty—0.0337±Acres Page 2 of 4 3568872 151 12/14/2021 Item 8. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2021. Notary Public, State of Texas My Commission Expires: AGREED AND ACCEPTED: KEP BROWN STREET VILLAGE, LP, a Texas limited partnership By: Printed Name: Its: STATE OF TEXAS 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/she acknowledged to me that he/she is the and duly authorized representative of the , and that he/she executed 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 , 2021. Notary Public, State of Texas My Commission Expires: Deed without Warranty—0.0337±Acres Page 3 of 4 3568872 152 12/14/2021 Item 8. Exhibit A Legal Description of Property BEING a variable width parcel of land for a Permanent Drainage Easement being over, under and across a 2.472 l acre parcel of laud in the Samuel B. Shelby Survey, Abstract No, 820T located in the City of Wylie,Collin County, Texas, and conveyed to KEP Brown Street Village L.P. by a deed now of record in the Collin County Clerk's File No,20060327000390640 of the Deed. Records of Collin County,Texas. said Permanent Drainage Easement being,described as follows; BECiINNING at a 1/2-inch iron rod set for coiner with a yellow cap marked "BHC" on the south right-of-way line of West Brown Street as described in Texas Transportation Commission Minute Order No. 111.608 conveying the right-of-way for FM 3412(aka West Brown Street) from FM. 1378 to Ballard Avenue to the City of Wylie, said point also being the northeast corner of a. 0.500-acre parcel of land in the Samuel B. Shelby Survey,Abstract No. 320, Collin County, Texas, as conveyed to Charles Stetler D.D.S. by a deed now of record in Collins Comity Clerk's File No.92-0009039 of the Deed Records of Collin County, and the northwest corner of said KEP Brown Street Village tract, said point bears N 89 05' 16" W a distance from an 11-inch iron rood. found near the northeast corner of said KEP Brawn Street Village*mot, said point also bears 77' 39' 44" W a distance of 343,64,feel from a 3/8-inch iron rod found for the southeast corner of a lot 58R-2,Block E of the Second Replat of the North Pointe Addition to the City of Wylie, and as convey to Digby IHF,Inc..by a deed now of record in Ilk County Clerk's File No, 2008091001130110 of the Deeds Records of Collin County, Texas; 1)THENCE S 88' 58'26" E, leaving the west property line of said KEP*Brown Street Village, tract and the east property line of said Charles Stetler tract,along the south right-of-way line of said West Brown Street a distance of 58.72 feet to a 1/2-ink iron rod set for corner with a yellow cap marked "BHC".being at the intersection of the south right-of-way line of said West Brown Street and the east line of said proposed Drainage Easement; 2) THENCE S 40° 19' 36" W. leaving the south right-of-way line of said West Brown Street and the north property line of said KEP Brooch Street Village tract, along the east line of said proposed Permanent Drainage Easement a distance of 44 `Ti5 feet to a 1/2-inch iron rod with a yellow cap marked "BHC"set for the southeast corner of said proposed Permanent Drainage Easement; • 3)THENCE N 69° 22' 39" W,along the south line of said proposed Permanent Drainage Easement a distance of 40.37 feet to a 1/2-inch iron rod with a yellow cap marked "BlIC" set for the southwest coiner of said proposed Permanent Drainage Easement, said point being on the east property line of said Charles Stetler tract and the west property line of said KEP Brown.Street Village,tract; 4)THENCE N 20° 59' 08 E, along the east line of said proposed.Permanent Drainage Easement also being the east property line of said Charles Stetler tract and the west property line of said KEP Brown Street Village tract a distance of 22.44 feet to a 1/2-inch iron rod with a yellow cap marked "BLIC" set for die northwest comer of said proposed)Permanent Drainage Easement and being on the south right-o14ay line of said West Brown Street and being the POINT OF BEGMNING,and containing 0.0337 acres, more or less. Deed without Warranty—0.0337±Acres Page 4 of 4 3568872 153 12/14/2021 Item 8 FM 34112 SS6°30'E — EEO"_ 1 East Texas Custom 14ornes,lac t . NC 4effi-les Devetaernent C? fE ,08,,, .,/,,,, ''S.ESEt T-eg e' \ ''' IS '4''''' ,• S''' s el, tt .4 c) t 1, -.---. , ,,, .,' " .---,3-.. A ' , .,' ' 7 ,' ' , '- Ng, ,`. , . c v . "',. 154 12/14/2021 Item 8. il-L .dtt3,1,;�n fit{'` 1,,,,„ ', '`s..'3 "„�x },"`i:, '�v". w<,�{{, , '...,.�.tt�r,.,,,, 4?'-. „,., ; 'at „„�" -*`•,` '`£};3.3e:;y`k=,;,4s`h�.3't':r`<^'tt(r;x „1„ , r;Pt.r. ,• \st,,44,.'<w,, Z, ..a e >4,,.fi{titt4• ,,,{�.,. ,,1� i�`;�r•,'\?. �Y�,"!'e:'.� 11 ' 2i„ ,t;Yugt,,;». �:5, , � ;�,i;'��`al",^�c+;ci+�.x,,, a t �$,,.�t,?ia•n 3 '(S�S�`,,i, x,1 4,r4�Rr4<'"'i,�=riw �Vie;, t�t�`�„. 31,,.n'�'�,� ' i s,S • r, ;1',� a a ,i �" 'o't, ,a ,, �, i m 1 i", yu,l b rr , i` ,f i •ti "Gtt' f t s u 5• {S„ t., ,'r , ; t.:`yn ti S a R' as t ' h Y, •t ata Y t.,i �s nu �.« �,.,,,r;Y' t, Lm', w,, t i� Ya' 1 1N d"' yew „ NQ t i tt !6iN e B, i ` s"� .�', ":.gym, ,n'r�� • 4,3 w m' „�� ' Etta- S o F, " WNW :";uusa'eie9T+' tititP° .��,a,,.uw, 1,•�' 'R 155 12/14/2021 Item 9. Wylie City Council CITY OF AGENDA REPORT Department: City Manager Account Code: Prepared By: Renae' 011ie Subject Consider,and act upon, acceptance of an easement conveying to the City of Wylie easement rights on 0.0337+acres situated in the Samuel B. Shelby Survey, Abstract No. 820T, City of Wylie, Collin County, Texas from KEP Brown Street Village, P. Recommendation I otion to approve the Item as presented. Discussion Staff was contacted by a potential buyer of the subject property regarding a filed warranty deed of a drainage easement located on 511 W. Brown Street. While researching documents and ordinances, it was determined that the warranty deed gave ownership of the land, in fee simple, to the City. An easement typically does not involve transfer of ownership, but rather allows the use of land for a specified purpose. In this case, a drainage ditch. The purpose of this item is to convey to the city of Wylie the easement and right to construct, reconstruct, operate, repair, enlarge, re-build, replace, relocate, alter, remove, and perpetually maintain drainage facilities, together with all incidental improvements and all necessary appurtenances. Also, on the current agenda is a document that will deed without warranty that 0.033 acre of land back to the owner. If approved,both documents would need to be filed with Collin County for recordation. Financial Summary/Strategic Goals Infrastructure 156 12/14/2021 Item 9. 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 Attention:City Manager 300 Country Club Road Wylie,Texas 75098 DRAINAGE EASEMENT STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN That KEP BROWN STREET VILLAGE,LP ("Grantor"), whether one or more, for and in consideration of the sum of TEN DOLLARS ($10.00)cash in hand to Grantor paid by the CITY OF WYLIE, TEXAS, a home-rule municipality ("Grantee"), the receipt of which are hereby acknowledged,and for which no lien is retained,either expressed or implied,does hereby GRANT, SELL AND CONVEY unto Grantee the easement and right to construct, reconstruct, operate, repair, enlarge, re-build, replace, relocate, alter, remove and perpetually maintain drainage facilities,together with all incidental improvements and all necessary appurtenances (collectively, "Facilities"), over, across, in, on, under and through certain real property owned by Grantor and located in the City of Wylie, Collin County, Texas, as more particularly described and depicted in Exhibit A, attached hereto and incorporated herein for all purposes ("Easement Property"). As part of the grant hereby made, it is agreed between the parties hereto that any stone, earth, gravel or caliche which may be excavated in the opening, construction or maintenance of said easement may be removed from said premises by Grantee. TO HAVE AND TO HOLD the Easement Property perpetually unto the Grantee, its successors and assigns, together with the right and privilege at all times to enter the Easement Property, or any part thereof, for the purpose of constructing,reconstructing, operating, repairing, enlarging, re-building, replacing, relocating, altering, removing and perpetually maintaining the Facilities, and all incidental improvements thereto and for making connections therewith. Grantor does hereby bind itself and its successors to WARRANT AND FOREVER DEFEND all and singular the Easement Property unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under Grantor, but not otherwise. Grantee, its successors and assigns, shall have the right to construct, reconstruct and perpetually maintain additional Facilities at all times in the future within the Easement Property. If Grantee is unable to access the Easement Property due to physical barriers or conditions, then Grantee shall have, and is hereby granted, the right of ingress and egress over that portion of the Drainage Easement Page 1 of 6 3568863 157 12/14/2021 Item 9. Grantor's adjacent property within fifteen feet (15') of the Easement Property as is reasonably necessary to and for the limited purpose of accessing the Easement Property. The Easement Property shall remain open at all times and will be maintained in a safe and sanitary condition by the owners of the lot or lots that are traversed by or adjacent to the Easement Property. Notwithstanding anything to the contrary herein, Grantee will not be responsible for the maintenance and operation of the Easement Property or for any damage to private property or person that results from conditions in the Easement Property, or for the control of erosion. No obstruction to the natural flow of storm water run-off shall be permitted by construction of any type of building, fence or any other structure within the Easement Property, unless approved by the City Engineer; provided, however, that it is understood that in the event it becomes necessary for Grantee to consider channelizing or erecting any type of drainage structure in order to improve storm drainage, then in such event, Grantee shall have the right, but not the obligation, to enter upon the Easement Property at any point, or points, with all rights of ingress and egress to investigate, survey, or to erect, construct and maintain any drainage or detention facility deemed necessary for drainage or detention purposes. Grantor shall keep the Easement Property clean and free of debris, silt and any substance which would result in unsanitary conditions or obstruct the flow of water, and Grantee shall have the right of ingress and egress for the purpose of inspection and supervision of maintenance work by the Grantor to alleviate any undesirable conditions which may occur. In the event that Grantor or other property owners do not properly maintain or repair the Easement Property in accordance with Grantee's laws or other applicable regulations, Grantee has the right, but not the obligation, to enter on the Easement Property at any point, or points, to investigate, survey, erect, construct, maintain and/or repair the Facilities or to conduct emergency repairs or supervise the work of others deemed necessary, as solely determined by Grantee, for drainage purposes, and the failure of Grantor or other property owners to undertake such required repairs or maintenance and diligent completion of such repairs or maintenance. The natural drainage through the Easement Property is subject to storm water overflow and natural bank erosion to an extent which cannot be definitely defined. Grantor and/or other property owners shall be liable to Grantee for any costs Grantee incurs as a result of any maintenance or repairs implemented by Grantee. Grantee shall not be held liable for any damages of any nature resulting from the failure of any structure or structures erected or installed by Grantor within the Easement Property, and Grantor hereby agrees to indemnify, defend and hold harmless Grantee from any such damages and injuries. Grantee will at all times after doing any work in connection with the construction,operation or repair of the Facilities, restore the surface of the Easement Property as close to the condition in which it was found before such work was undertaken as is reasonably practicable, except for trees, shrubs and structures within the Easement Property that were removed as a result of such work. Grantor represents and warrants to Grantee that Grantor is the sole owner of the fee simple title to the Easement Property. Grantor does hereby represent and warrant that there are no liens, attachments or other encumbrances which will affect the title or right of the Grantor to convey this Drainage Easement Page 2 of 6 3568863 158 12/14/2021 Item 9. easement to the Grantee for the purposes as described herein. If such condition does exist, a signature with acknowledgment shall be included and made a part of this document conveying the rights and privileges contained herein and subordinating any such lien to the easement granted herein. This instrument shall not be considered as a deed to the Easement Property or any part thereof, and the right is hereby reserved to Grantor, its successors and assigns,to use the Easement Property to landscape and build and construct fences, driveways,parking lots and other associated improvements over or across said easement; provided, however, that in no event shall a wall, structure or building of any type other than those previously described or any piling,pier or isolated footing of any wall, structure or building be placed directly on the Easement Property. The easement rights and privileges granted herein are non-exclusive,but Grantor covenants that Grantor will not convey any other easement or conflicting rights within the area covered by this grant which unreasonably interfere with Grantee's rights granted herein and provided all such other grants comply with all applicable local, state and federal laws, ordinances, rules, regulations and/or requirements, as they exist, may be amended or in the future arising. Further, notwithstanding anything to the contrary herein, Grantor shall not place any improvement or take any action,permanent or temporary, which may cause damage or jeopardize the integrity of the Facilities, the roadway facilities or other public facilities or which will affect or interfere with, in any way,the rights granted herein. Grantee,may,due to the necessity of repair and maintenance of the Facilities,the roadway facilities or other public facilities,remove and keep removed any and all improvements to the extent necessary to make repairs. Grantee will not be responsible for loss of improvements due to failure or maintenance of the Facilities, the roadway facilities or other public facilities. This instrument shall be binding on, and inure to the benefit of, Grantee and Grantor and their respective successors or assigns. The individual executing this instrument on behalf of Grantor represents that all appropriate and necessary actions have been taken to authorize the individual who is executing this instrument to do so for and on behalf of Grantor, that there are no other parties or entities required to execute this instrument in order for the same to be an authorized and binding agreement on Grantor and that the individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. It is understood and agreed that the consideration received by Grantor hereunder includes adequate compensation for the grant of the rights hereunder and for all damages arising out of the construction, reconstruction, repair, operation and maintenance of the Facilities and roadway and other public facilities as well as all damages, if any, to Grantor's property which may occur in the future resulting from Grantee's exercise of any rights granted herein. This instrument may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. Drainage Easement Page 3 of 6 3568863 159 12/14/2021 Item 9. EXECUTED on the dates appearing in the acknowledgements below, however, to be effective on this day of , 2021. GRANTOR: KEP BROWN STREET VILLAGE, LP By: Printed Name: Its: STATE OF TEXAS § § 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/she acknowledged to me that he/she is the and duly authorized representative of the , and that he/she executed 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 , 2021. Notary Public, State of Texas My Commission Expires: Drainage Easement Page 4 of 6 3568863 160 12/14/2021 Item 9. AGREED AND ACCEPTED: CITY OF WYLIE, TEXAS By: Brent Parker, Interim City Manager STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally appeared Brent Parker, 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 Interim City Manager and duly authorized representative for the City of Wylie,Texas, and that he executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2021. Notary Public, State of Texas My Commission Expires: Drainage Easement Page 5 of 6 3568863 161 12/14/2021 Item 9. Exhibit A TRACT 1: PERMANENT'DRAINAGE EASEMENT BEING a variable width parcel of land for a Permanent Drainage Easement being over, under and across a 2,4721 acre parcel of land in the Samuel B, Shelby Survey, Abstract No, 820T located in the City of Wylie,Collin County, Texas,and conveyed to KO Brown Street Village L.P. by a deed now of record in the Collin County Clerk's File No.200603270.00390640 of the Deed Records of Collin County, Texas. said Permanent Drainage Easement being described as follows: BEGINNING at a I/2-inch iron rod set for coiner with a yellow up marked "BHC" on the south right-of-way line of West Brown Street as described in Texas Transportation Commission Minute Order No. 11.1608 conveying the right-of-way for FM 3412(aka West Brown Street)from FM. 1378 to Ballard Avenue to the Cily of Wylie, said point also being the northeast corner of a 0.500-acre parcel of land in the Samuel B. Shelby Survey,Abstract No, 320,Collin County. Texas, as conveyed to Charles Stetler D.D.S. by a deed now of record in Collins Comity Clerk's File No.92-0009039 of the Deed Records of Collin County, and the northwest corner of said KEP Brown Street Village tract, said point bears N 89' 05' W W a distance from an 1/2-inch iron rod found near the northeast corner of said KEP'Brawn Street Village traet, said point also bears S 77°39' 44" W a distance of 343.64 feel from a 318-inch iron rod found for the southeast corner of a lot 58R-2,Block E of the Second Replat of the Noith Pointe Addition to the City of Wylie, and as convey to Digby IHF,Inc..by a deed now of record in Ilic County Clerk's File No, 20Om91.001130110 of the Deeds Records of Collin County, Texas; 1)THENCE S 88' 58'26" E, leaving the west property line of said KEPTIrown Street Village tract and the east pre petty line of said Charles Steller tract,along the south right-of-way line of said West Brown Street a distance of 58.72 feet to a 1t2-inch, iron rod set for corner with a yellow cap marked "BHC".being at the intersection of the south right-of-way line of said West Brown Street and the east line of said proposed Drainage Easement; 2) THENCE S 40° 191 36" W. leaving the south right-of-way line of said West Brown Street and the north property line of said KEP Brown Street Village tract, along the east line of said. proposed Permanent Drainage Easement a distance of 44.76 feet to a 1/2-inch iron rod with a yellow cap marked "BHC"set for the southeast corner of said proposed Permanent Drainage Easement; • 3)THENCE N 69' 22' 39" W,along the south line of said proposed Permanent Drainage Easement a distance of 40.37 feet to a 1.12-inch iron rod with a yellow cap marked "BHC" set for the southwest corner of said proposed Permanent Drainage Easement, said point being on the east property line of said Charles Stetler tract and the west property line of said K.EP Brown Street Village,tract; 4)THENCE N 20' 59" 08.E,along the east line of said proposed Permanent Drainage.Easement also being the east property line of said Charles Stetler tract and the west property line of said KEP Brown Street Village tract a distance of 22.44 feet to a 1/2-inch iron rod with a yellow cap marked"BIIC" set for the northwest coiner of said proposed)Permanent Drainage Easement and being on the south right-of-way line of said West Brown Street and being the POINT OF BEGINNING,.and containing 0.0337 acres, more or less. Drainage Easement Page 6 of 6 3568863 162 12/14/2021 Item 9. FM, ,34112 $38'30 r E -,,, ,„,' , 1 . Eeet Texas c.storn Homes,Inc NC 4e ff r es Devetopment AC?„5„.00,08.,,,,,....,,, z-402,,,, T,ag Ea' s,1,,,,,,' ''t k: "V ',"''''''''', "7,':-;' '''" ',;:' . c). ,. ...,=ki 4 '' -,4:,-"' ,0 7 ,0,,,,, ,,,i. ,,,,?".-''', ...7 ., ...„, , -.. , ,., ,.. ,,. . , . ,,' ,,,..:; ..,4'-' r-----.,_,...„....4...?.„•-•:07,3;:',..„,,,,,, $.,,- JEFFERsON •'''?4.''t-,„!!*,.4.# 1 .,,,,_____.' es,,s- .„. 163 12/14/2021 Item 9. ,1 :ti�;;:t;,;t L .dtt3, n ,.` . , v '„„+F. „ „+;;•P>` i.,,.s rf., ,+s • ,x.x , w ,R ,, 1, „ 'fi ," .',� t 4'- „ ';: at,•„�st�,w '�`s. �� } i: '' , �4r':,1)A`,\.=`eiSh}t'vt,t( ,-+:a"` :; S S, .\ s.��' �Y�, ' \4 ` ' ,',�}11 ' ;;' x , ,-,, -4,,,,,,,•xm>st,fitti,t4 -: ,, a' , '(-z "l ' ' � i,,SZ, a„e ' v a,"^ckcx, aVit�`�$,, 3n�n - �v. 't Ym`* 'w`*'4*,,I,wl , . , ,, " 'o•'t, t,ar, ,, y '. ", �if a �m ^", ;'tZx", 1, d u,li, ,f i •ti "Gtt' h� t s a` p 5• 1 x.iti. {S„ t„ 'r t, '`yn ,x; ti aS S tir'•,t � Y .,i �s. nu .« Lm, t Ya' yi. t10 1 „ NQ t i 6iNke I°I (I e ' r " { .ax wrw" s"� .�', ":.gym rr0.n'r��w " s77w m' „�1 S o 164 12/14/2021 Item 10. Wylie City Council CITY OF AGENDA REPORT Department: City Manager Account Code: Prepared By: Renae' 011ie Subject Consider, and act upon, Resolution No. 2021-46(R) opposing the Texas Commission on Environmental Quality (TCEQ) application for a proposed wastewater treatment facility located 0.4 miles northwest of the intersection of North Murphy Road and Rolling Ridge Drive in Collin County, Texas near the cities of Murphy, Parker, and Wylie. TCEQ Permit No. WQ0016003001 Recommendation I otion to approve the Item as presented. Discussion City Council members have been contacted by citizens of the Rolling Ridge Subdivision in Murphy, as well as surrounding areas to express their concern with the proposed wastewater treatment plant submitted by Restore the Grasslands LLC and Harrington/Turner Enterprises, LP. The cities of Murphy and Parker have adopted resolutions to oppose the plant. Permit No. WQ0016003001 has been submitted to TCEQ for a proposed Texas Pollutant Discharge Elimination System (TPDES)to authorize the discharge of treated wastewater at a volume not to exceed a daily average flow of 200,000 gpd. The domestic wastewater treatment facility will be located approximately 0.4 miles northwest of the intersection of North Murphy Road and Rolling Ridge Drive in Collin County. The specific location is located within Parker's ETJ, and sits approximately 1.06 miles from Wylie's nearest residential subdivision. Staff has obtained a copy of the documents presented to the Murphy City Council,including letters from Texas Senator Angela Paxton and Texas Representative Candy Noble to TCEQ requesting a public meeting be held in the community with TCEQ representatives in attendance. Based on this information, staff is requesting Council to consider a resolution opposing the subject permit for the proposed domestic wastewater treatment facility. Financial Summary/Strategic Goals Infrastructure 165 12/14/2021 Item 10. RESOLUTION NO.2021-46(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, IN OPPOSITION TO THE PROPOSED DOMESTIC WASTEWATER TREATMENT FACILITY PERMIT APPLIED FOR BY RESTORE THE GRASSLANDS LLC AND HARRINGTON/TURNER ENTERPRISES, LP IN COLLIN COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Wylie, Texas being located within Collin County and adjacent to the eastern border of Parker,Texas; and WHEREAS,the City of Wylie has become aware of an application by Restore the Grasslands LLC and Harrington/Turner Enterprises, LP to the Texas Commission on Environmental Quality("TCEQ") for a proposed Texas Pollutant Discharge Elimination System Permit No. WQ0016003001 (EPA I.D. No. TX 0141381)to discharge treated wastewater at a volume not to exceed a daily average flow of 200,000 gallons per day; and WHEREAS, this domestic wastewater treatment facility is proposed to be located 0.4-mile northwest of the intersection of North Murphy Road and Rolling Ridge Drive, in Collin County, which is located in the extraterritorial jurisdiction of Parker, Texas and approximately 1.06 miles from a residential subdivision within the City of Wylie; and WHEREAS,according to the August 25,2021,Notice of Receipt of Application,which is attached as Exhibit 1 and incorporated herein, "the discharge route will be from the plant site to Maxwell Creek, hence to ...."; said Maxwell Creek flows near the boundaries of and through portions of the City of Wylie and any inadequately treated wastewater within such creek will adversely affect the public health, safety and quiet enjoyment of the citizens and visitors of Wylie; and WHEREAS, the City of Wylie has concern regarding quality of water to be discharged from the proposed wastewater plant and adverse impacts on recreational activities of the residents of Wylie, and therefore Wylie stands opposed to this new wastewater treatment facility. 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: That the City Council of the City of Wylie is opposed to the discharge by this potential wastewater treatment facility into Maxwell Creek. SECTION 3: That the City Council of the City of Wylie stands in support of its sister cities, including Murphy and Parker, and adjacent homeowners and business owners who stand in opposition to this new wastewater treatment facility. SECTION 4: That the City Council of the City of Wylie requests the TCEQ to add the City to its mailing list regarding this matter and to accept this resolution as public comment on the proposed permit. SECTION 5: This Resolution shall take effect immediately from and after its passage. Resolution No. 2021-46(R)Resolution Opposing Wastewater Plant Page 1 of 2 166 12/14/2021 Item 10. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 14th day of December, 2021. Matthew Porter,Mayor ATTESTED AND CORRECTLY RECORDED: Stephanie Storm, City Secretary Resolution No. 2021-46(R)Resolution Opposing Wastewater Plant Page 2 of 2 167 12/14/2021 Item 10. Exhibit 1 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY NOTICE OF RECEIPT OF APPLICATION AND INTENT TO OBTAIN WATER QUALITY PERMIT PROPOSED PERMIT NO.WQoo1.6003ooi APPLICATION. Restore the Grasslands LLC and Harrington/Turner Enterprises, LP, 4801 West Lovers Lane, Dallas,Texas 75209,have applied to the Texas Commission on Environmental Quality(TCEQ)for proposed Texas Pollutant Discharge Elimination System (TPDFS) Permit No.WQoo16o03oo1 (EPA I.D.No.TXo141381)to au ' charge of treated wastewater at a volume not to exceed a daily average flow of 200,000 gallons per day. The domestic wastewater treatment facility will be located approximately o.4 mile northwest of the intersection of North Murphy Road and Rolling Ridge Drive, in Collin County, Texas 75002. The discharge route will be from the plant site to Maxwell Creek; thence to Muddy Creek;thence to Lake Ray Hubbard.TCEQ received this application on May 26, 2021. The permit application is available for viewing and copying at Rita&Truett Smith Public Library,30o Country Club Road, #300,Wylie,Texas.This link to an electronic map of the site or facility's general location is provided as a public courtesy and not part of the application or notice. For the exact location, refer to the application. https://tceq.maps.arcgis.com/apps/webappviewer/index.html?id=db,bac44afbc468bbddd:t6of 816825of&marker=-96.616388%2CxR.o41666&level=12 ADDITIONAL NOTICE.TCEQ's Executive Director has determined the application is administratively complete and will conduct a technical review of the application. After technical review of the application is complete, the Executive Director may prepare a draft permit and will issue a preliminary decision on the application. Notice of the Application and Prelimin,ary Decision will be published and mailed to those who are on the county-wide mailing list and to those who are on the mailing list for this application.That notice will contain the deadline for submitting public comments. PUBLIC COMMENT/ PUBLIC MEET iNG.You may submit public comments or request a public meeting on this application.The purpose of a public meeting is to provide the opportunity to submit comments or to ask questions about the application.TCEQ will hold a public meeting if the Executive Director determines that there is a significant degree of public interest in the application or if requested by a local legislator.A public meeting is not a contested case hearing. OPPORTUNITY FOR A CONTESTED CASE HEARING. After the deadline for submitting public comments,the Executive Director will consider all timely comments and prepare a response to all relevant and material,or significant public comments. Unless the application is directly referred for a contested case hearing,the response to comments, and the Executive Director's decision on the application,will be mailed to everyone who submitted public comments and to those persons who are on the mailing list Resolution Number 21-R-1007- Page 3 of 5 168 12/14/2021 Item 10. Exhibit 1 for this application. If comments are received,the mailing will also provide instructions for requesting reconsideration of the Executive Director's decision and for requesting a contested case hearing.A contested case hearing is a legal proceeding similar to a civil trial in state district court. TO REQUEST A CONTESTED CASE HEARING,YOU MUST INCLUDE THE FOLLOWING ITEMS IN YOUR REQUEST: your name, address,phone number; applicant's name and proposed permit number;the location and distance of your property/activities relative to the proposed facility; a specific description of how you would be adversely affected by the facility in a way not common to the general public; a list of all disputed issues of fact that you submit during the comment period and,the statement"[I/we]request a contested case hearing."If the request for contested case hearing is filed on behalf of a group or association,the request must designate the group's representative for receiving future correspondence; identify by name and physical address an individual member of the group who would be adversely affected by the proposed facility or activity;provide the information discussed above regarding the affected member's location and distance from the facility or activity;explain how and why the member would be affected; and explain how the interests the group seeks to protect are relevant to the group's purpose. Following the close of all applicable comment and request periods,the Executive Director will forward the application and any requests for reconsideration or for a contested case hearing to the TCEQ Commissioners for their consideration at a scheduled Commission meeting. The Commission may only grant a request for a contested case hearing on issues the requestor submitted in their timely comments that were not subsequently withdrawn.If a hearing is granted,the subject of a hearing will be limited to disputed issues of fact or mixed questions of fact and law relating to relevant and material water quality concerns submitted during the comment period. MAILING LIST. If you submit public comments, a request for a contested case hearing or a reconsideration of the Executive Director's decision,you will be added to the mailing list for this specific application to receive future public notices mailed by the Office of the Cbief Clerk. In addition, you may request to be placed on: (1) the permanent mailing list for a specific applicant name and permit number; and/or(2)the mailing list for a specific county.If you wish to be placed on the permanent and/or the county mailing list, clearly specify which list(s) and send your request to TCEQ Office of the Chief Clerk at the address below. INFORMATION AVAH ABIN..ONLINE. For details about the status of the application,visit the Commissioners'Integrated Database at www.tceq.texas.govjgoto/cid.Search the database using the permit number for this application,which is provided at the top of this notice. AGENCY CONTACTS AND INFORMATION. Public comments and requests must be submitted either electronically at https://www14.tceq.texas.gov/epic/eComment/, or in writing to the Texas Commission on Environmental Quality, Office of the Chief Clerk, MC-io5, P.O.Box i3o87, Austin, Texas 78711-3087. Please be aware that any contact information you provide, including your name, phone number, email address, and physical address will become part of the agency's public record. For more information about this permit application or the permitting process, please call the TCEQ Public Education Program, Toll Free, at 1-800-687-4040 or visit Resolution Number 21-R-1007- Page 4 of 5 169 12/14/2021 Item 10. Exhibit 1 their site at .t ...tex ov oto/ desea M o a1 adOrt en "ol,puede llamar al 1- - - . Further info r so obtained ` - torethe Grasslandsand . o.:.:/ Enterprises,LP, the address statedaboveor by ', s.Ashley Broil. I ton, ., Project Manager, LTA Engineering, Inc., at 713-380-44.31. Issuance Date:August 25, 2021 Resolution Number 21-R-1007-Page 5 of 5 170 12/14/2021 Item 10. COMMENTS FILED BY ATTORNEY FOR CITY OF PARKER The undersigned represents the City of Parker, Texas ("City" or"Parker")regarding the above-referenced TPDES permit application("Application").Please accept this letter as the City's notice of its opposition to the Application submitted by Harrington/Turner Enterprises, LP and Restore the Grasslands, LLC ("Applicants"). The City hereby requests a public meeting and a contested case hearing on the Application. In accordance with the Notice of Receipt of Application and Intent to Obtain Water Quality Peiuiit, the City provides the following information: 1. Your name, address,phone number: The City maybe notified of any developments in this case by providing notice to: Arturo D. Rodriguez,Jr. Russell Rodriguez Hyde Bullock,LLP 1633 Williams Drive, Suite 200 Georgetown, Texas 78628 2. Applicants' information: Harrington/Turner Enterprises, LP and Restore the Grasslands, LLC for Proposed Permit No. WQ0016003001. 3. The location and distance of your property/activities relative to the proposed facility: The property to be served by the proposed WWTP is approximately 1/2 mile to the City's collection system. The served property is within the City's extraterritorial jurisdiction and adjacent to the City's corporate limits. 4. Specific description of how you would be adversely affected by the facility in a way not common to the general public: The City has a contract with North Texas Municipal Water District("District")wherein the District accepts and treats wastewater collected by the City. The City's current contract with the District would allow flows from the Applicants'property to be collected by the City and the District without the necessity of another point source of pollution in the area. The City is concerned with the discharge parameters for the size and quality of inflow to the proposed WWTP. The City is concerned with the nutrient limitation parameters of the discharge. Without an appropriate nutrient limitation, the City is concerned that nuisance conditions will be created. The City is concerned that all pertinent stream conditions will not be considered in developing the effluent limitations. The City is particularly concerned that the effluent from the Applicants' plant will significantly degrade water quality in the receiving waters and negatively impact aquatic life and terrestrial wildlife species. Because of the groundwater resources in the area, there is heighten importance in ensuring that the effluent limitations in the final permit adequately protect local groundwater resources. The discharge from the WWTP will find its way to waters that are used for recreational use and are a major attraction for the area. The economic and recreational implications of a poorly run plant are huge. Further, the City is concerned that the public's ability to enjoy the receiving stream and all points downstream will be negatively affected by the peuiiit. The City is concerned that the permit will impact negatively the health and welfare of residents near the facility. 171 12/14/2021 Item 10. The City is concerned that inflow mixed with wastewater could contain dangerous constituents that may not be removed given permit parameters in the application. The City believes Applicants' proposed discharge is in direct violation of the Texas Water Code. Quite frankly,the City is concerned that the Application does not fully comply with all of TCEQ's applicable technical regulations. Further, the City is concerned that the Application violates the State's policy on regionalization. The City has expended a large sum of public money on facilities near the development which can easily,economically,and reasonably be connected to a centralized system already in existence. The compliance history and operating data of the operator raises concerns about its ability to operate the WWTP.Further,the City is concerned with the veracity of the statements made in the application. The discharge authorization being sought by Applicants will endanger public health and the environment.Thus,the City protests the entirety of the application and seeks further time to review it. The City has sufficiently demonstrated that it is adversely affected by the Application in a manner that is not common to the general public and must be granted party status in this case. 5. The City requests a public meeting and a contested case hearing on the Application. The City reserves the right to raise and pursue any and all issues that may be relevant to their interests in the event of a contested case hearing. 172 12/14/2021 Item 10. k'ttk-k> Lktk- , \c, / SENATOR ANGELA S. PAXTON DISTRICT 8 September 24,2021 Ms.Laurie Gharis Chief Clerk,MC-105 Texas Commission on Environmental Quality P.O.Box 13087 Austin,TX 78711 Re: Proposed Texas Pollutant Discharge Elimination System(TPDES)Permit No. W(20016003001 Dear Ms.Gharis, I have received the notice from the Texas Commission on Environmental Quality (TCEQ) regarding a proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No, WQ0016003001 as applied for by Restore the Grassland LLC and Harringtong/Tumer Enterprises LP. This proposed permit is for a wastewater treatment facility to be located near the northwest corner of the intersection of North Murphy Road and Rolling Ridge Drive in Collin County. I am requesting the TCEQ hold a public meeting regarding this permit in the community with TCEQ representatives in attendance. Thank you for your consideration of this request. You may contact Kelly Griggs-Bell or Randy Samuelson in my Capitol office if you have questions. Blessings, Angela Paxton Texas State Senator,District 8 cc: Intergovermnental Relations Division via e-mail commmus: HAGMAN No MINATRON B1331'5155 335113 CONI311613CF CACI'OE OFFICE: ETALCATION DISTRICT OFFICE: E 0 Box 120e, S133I 31; H14,11E1 1,Duc Amyl 60 Sou 45ATTFR5 ROAD 100 A1-53333,FE XAS 7E711 1,03 Gat FRI51133r, At EA 1 rx,s 75011 4312 463-0608•PAX Q914 461-7s79 [11,31.MC TING C972),H*-1424 1,33(972)9t18-1161 angela paxton@senate texas go\ 173 12/14/2021 Item 10. 7N,T A DY NOBLE STATE REPRESENTATIVE, DISTRICT 89 REVIEVED fir? 2„ q21 By .fe 0 September 15,2021 , - 2,2 550, Ms.Laurie Gharis Chief Clerk,MC-105 Texas Commission on Environmental Quality 6- — 01 r P.O.Box 13087 Austin,Texas 78711 Re: Proposed Texas Pollutant Discharge Elimination(TPDES)Permit No.WQ0016003001 Dear Ms.Gharis, I em in receipt of the Texas Commission on Environmental Quality(TCEQ)notice that Restore the Grassland LLC and Harrington/Turner Enterprises,LP,has applied for the above referenced permit for a waste water treatment facility to be located approximately 0.4 mile northwest of the intersection of North Murphy Road and Rolling Ridge Drive in Collin County, As the state representative for the affected area,I would like to request that a public meeting be held in the community,with representatives from TCEQ in attendance. Thank you for your consideration of this request Please let me know if I may answer any questions. Sincerely, e,a4,141,ff, Candy Noble State Representative,District 89 cApiToi TO Box 56,6.yosi x„,0/05 29 iO•5 1 46}-{7186•015 I NCI 200 N MURPI Pi ROAD,MURPHY.I X 75094•972-429-6542 LAN DY NOB L.1.001101.,M;I NA 5(,()V COMMIT BUIS WAY5&Mr INS HUMAN 61 RVICYS RrcoT ui TONS CALENDARS 174 12/14/2021 Item 10. tk Q„r, P.; „ ",, "4' NJttl, ."Y+ ,�'ga ap'� ,e 'd, ,q.;wr ,'n'' v M,,,p „'"i5"R "s, " ,.+ R', 'Q, ,''�",...`a'I QlY,wa'�" ftt 'v't„,",'Y t., Y'„ ,x .„ “1, ,4) .,_ �� , ,� *Oil, "iet1 p, ',nfi"' .wwM, »d..,, F.�..� d,w' > - l'"I,I"I ,I �� tl. .&• fit o n h "�„4' ,,"Q,VI"'' Q,r" • N ":, .,', .4,,,.4^`;, ,Il,v' • "„� p� v'y a' 'k �+4," .i�' .,a",'�R: ..,' ,,,,, I ° ,, r", ,,t°=' ,. Ma„q,',Qu ��,d, �� ,.' ;uk��,,,W "� Q��a, "k " „, I� �, ,fit u " ,7"fin' ' ^na;.xt,. ',a• ., ',, Ace' R� dMu" °k g, ,iN,,'" • „ �' „ '� a , „ w ' Iu ,4.,' tl � `��., a ', „Q 'u�' " ,WT g� { .q, ' I r�, 1, , I em„' I ' " . ,i . . � „ ,n 4,4 „,,,, , ",,4,,.e„. ty,.„ R � uP u ��.b„ii , ii N t , ` °u " ^ " ^ ,,�, ," r,.y': 'wsx°'r^"" �,. ' „ ,� 1 , ,,,, ,1,m' .1, ,,,„„ f °i ^, , ',!, `I '^m6„" � �v , „Ifi , p y .A,F;,.,'k,. „, ay' . 1 ' a� w ff � , ;d' » w ,, � d « ', „ ,m� a wt' t' tt, , feu tt"•" y . " 4.'^A:p' x* y" ,wN � $ y , tnt isa0 .Q ,- is "ba,, t tM-„,r "4 lii ,.'. "G,n „ " (. .V" "'o w,P,'.„, & " n�� M " 'V bl x„tet ,t'^a^,:a." C'. i''a,',u 'l�,+;',,a pr, ;"' n a. ��, ° •`'I, r ' ',n,., a • .^ t„, 1.1, .,rc�Y„ �,,,,,•,,M la'," w'N!', ' a, .vr,, „w R a," w.4„i xa • "eta r„ w„ A„ ,, G " " „eta : ct • �I, "' xF;„w.t' d '" + tto,e y' , `' • J pN N u`,yV •' "."`"""'X ' : NII " :'44. ,0 ^gym''4,„ ,,8'"„' 4„ `§b M1 4m..,M, t w�bai„`,‘f. 't=s�' �"u." .,R,,, A va4„�� 4 ��, � e, fi�o:��w.mlu °wt�1 ,�,, � �;I� ,Im," y�. d'a ,p., 'u 4"°"„ a"Q.'� °� " „"4 b ;,,,, ,',xu :i, a '" ,y„'�,.b"' 'a" ,d:.,A'^, m,,* ' ''� ''','�'"r'N '„, .,'44'1 It w ,., ,44 ;,:,,p a,r"1"r,4- ,a;, • N "44 ti.4,d'g.a ;„e'w', %, - , `, ;q, ,y ^N",�„ a,t4t' ."u"en„ �U.,„,,, „�>n !w'"}'1,,.;' 't*:"",,,� .,„„A d', Iri. ,rvr"*" yM'" V Pa;",r.� ;u,4„ mK-."1"Kv„r ''� {„°' ,yam,•�`,.,,,` .�� T1,,,,,,""p ��" ��''s Gw,.*q,s '�,%R , „,,,,,,,,,,..„*I„, rx'1a '��,Q 4 o r ,1,„,". , '' ,I „n' .,**y Wn '!0' 5 a 444' 't„n��,?„, "rx4,Fu ,t9��+ .,,„, rt'tstt t„,'5,i„a,,�t'�'' „�„,v t"ukttliiik „,'1 .nl �,^ ,,Y', i,,,, litt ;awn r""rd, 5, ' � t" " AV • v " . w ',MP*.', ,x * R wW+ ,,,firM, ",,,'e , ryR 'x „ ' " " , "'� uJ 'x� ", �r , l ; „ " ^ m'„4 ' r „"r ," '00 .I^ Vum f,cran'n ,,mp„, ''i,, ', ,* , "a i : a„ ; u : " a s 4 A1"r ' 3",. , . y ,:, . ' 4,,, wm " M °',, ,' "M ,;qY, , , m, Ak." , r ` "a , ,4, r",, m4 '' ,, " * ''",'"' I,� � 7 I.^. 175 12/14/2021 Item WS3 Wylie City Council CITY OF AGENDA REPORT Department: Planning Account Code: Prepared By: Jasen Haskins,AICP Subject Planning Department Presentation Recommendation Discussion The Planning Department will present an overview of their work and goals. Financial Summary/Strategic Goals 1 76 12/14/2021 Item WS3. Planning if 1r ,,, Departmentt,, , , , IE The Tea Mary Bradle,,,, 4._.. , , Administrative Assistant �' Kevin Molina , & -- ,, C �', Senior Planner r Jasen Haskins, AIP } Planning Manager v..,xvabunyam acrwe,Wsx6waa'k.G4xeQa 177 12/14/2021 Item WS3. 0), (7))1 ' Dovelo ent rejects .oards, o issions, and ouncil °lens, inances, and •e ulations appin ssistance and equests 178 12/14/2021 Item WS3. Planning Departmentri OF WYLIE Development Projects Annexations I Zoning Changes I Site Plans I Plats Pre-development Consideration Meet with owners,developers,EDC, Report preparation,Packet preparation, r' engineers,architects.Annex and Item presentation(ZBA,HRC,P&Z,CC), Development Agreements,Informal Reconciliation,Ordinance preparation reviews,Formal Pre-Development meeting • Application Development Staff distribution,Staff review,comment Coordinate with Engineering,Building,City and negotiation,formalizing Secretary,respective Counties, documentation,notification Development fees. 179 12/14/2021 Item WS3. Ls. al Hian. HI g ' ' . . . , . : t D p ' rt• e. a, ,, Hm VI, \ - enk. - an ,,. •,YY \ til ,,,„ c 1 C`t ti' �'s'\.S'\,„.„`l' '¢' ,,• ¢ ti•' �' \\\ s,, ,,, ' \ •s }\\\\\\\\\'W'N'N'.\\\\\\\\\\\\\\\\\\\\\\\\—\\., \\\,,,N\,,N• ..,\\\\\\\\\\\\\\\\ \\\\\\\\\\\\\\\\\\\\,:\\\\\\ \\\\\\ ��' �ti� \ \\ ,. �•, A\ ' , \A\\\\\\\\\\\ \\\\\\\ . • � 2 2 ,, 4 6 w .6 ¢ eat ' -0 'N t t °L � i y , rw w v a®R> 2z}t ii.':',':!:!:„, � to �r ea tiaiP -, ' xg �. 180 12/14/2021 Item WS3. Planning D '',Department WYLIE 2016 111 20Z1 50 \\ 4D Roughly three times as many cases and 3,0 , applications as five years ago , . , !. , la agiam, ! / Iwza lasgal ..................,,,........, „........................................... ...„............................„ ....„...........„‘„,..„,,,,.„. , / fliggRi Imo ! a its Sitt Plant Zing alitMtt ZBoA 181 12/14/2021 Item WS3. an 1 al n , n n g P wyL,E Department Boards, Commissions, Council City Council , ,‘,,k,\*, -,',,i., ' 1 ,• ,''' ' ' ,,,,is,,„,:t, "4'''''''''''''''''' ''' 1Xtrlh. Planning and Zoning Commission Zoning Board of Adjustment ,-- Historic Review Commission ,1,,, ' I, , '—' 'Vs•*" mu „i,',.%‘,kv4„h s',"", '''t; ' !,. k ti: .\ii, „ '',' I', ','''' , li r.: - ‘,:„,',"3,,,,,. '' '1 Impact Fee Advisory Commission Temp Boards (ex. CPAC) i 182 ,I ,I 12/14/2021 Item WS3. PlanningDepartment WYLIE Plans, Ordinances, and Regulations - Comprehensive Master Plan Rewrite approximately every 10 years - Zoning Ordinance Updated continuously / Rewrite as needed - Subdivision Regulations Update or rewrite as needed - Local Government Code Amendments every two years 183 12/14/2021 Item WS3 DepartmentPlanning frIr 01 WYLIE Mapping 20+ maps to assist developers, citizens, staff, and other stakeholders in decision making Address and Parcels Zoning HOAs Current Projects 14 1 5 184 12/14/2021 Item WS3 • 41,0 • itizens, evelosers, taff, other stakeholders an do this? an build this? here can do this? here can build this? lcohol ales ublic Infer ation e uests ertificate of loccu ancy Td verification e o•raphics ineerin• a plications an fees 185 12/14/2021 Item WS3. • AS\ do tion of 0 p Ian ( id 2022) olla•(Native evie o entin arly 2022) rose epart it ,eroject •e ent ( arly 2022) u•diven -e ulation update onine alrdinance re rite 186