Loading...
01-09-2007 (City Council) Agenda Packet Wylie City Council CITY:F WYLIE MEETING NOTICE OF Regular Meeting Agenda Tuesday, January 9, 2007 — 6:00 pm Wylie Municipal Complex— Council Chambers 2000 Highway 78 North John Mondy Mayor Carter Porter Mayor Pro Tern Earl Newsom Place 1 M. G. "Red" Byboth Place 2 Eric Hogue Place 3 Merrill Young Place 4 Rick White Place 5 Mindy Manson City Manager Richard Abernathy City Attorney Carole Ehrlich City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.iiylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wvlietexas.gov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.442.8100 or TD 972.442.81 70. 972.442.8170. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE PRESENTATION • Recognition of 3rd Six Weeks Star Students—Character Trait"Caring" January 9,2007 Wylie City Council Regular Meeting Agenda Page 2 of 4 CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes from the December 12, 2006 Regular Council Meeting. (C. Ehrlich, City Secretary) B. Consider, and act upon, approval of Resolution No. 2007-01(R) establishing a public newspaper of general circulation to be the official newspaper for the City of Wylie. (C. Ehrlich, City Secretary) C. Consider, and act upon, approval of a Preliminary Plat creating a single lot for Multi-Family development on 20.500 acres, generally located south of FM 544 between Hooper Road and Wylie High School within the Woodbridge North Subdivision. (R. 011ie, Planning Director) D. Consider, and act upon, approval of a Final Plat creating four (4) commercial/retail lots for Victoria Place Addition, generally located at the northeast corner of SH 78 and Spring Creek Parkway. (R. 011ie, Planning Director) E. Consider, and act upon, Resolution No. 2007-02(R) authorizing the City Manager to enter into an agreement, in the amount of $74,650.00, with Stewart Schwensen Productions for entertainment/staging for the 2007 summer concerts, Wylie Independence Day Celebration and Fall Concert-Wylie Chamber of Commerce Rodeo. (R. Diaz, Assistant Parks Superintendent) F. Consider, and act upon, Resolution No. 2007-03(R) authorizing the City Manager to execute a contract, in the amount of$7,500.00,between BBC Research & Consulting and the City of Wylie for consulting services to provide an economic study for "Fire Development Fees". (S. Seddig, Fire Marshal) G. Consider, and act upon, authorizing the Mayor to execute a Warranty Deed, in the amount of$171,810.00, from Alanis Crossing, Ltd. for purchase of the right of way for Alanis Drive from Twin Lakes Drive to FM 544. (C. Holsted, City Engineer) H. Consider, and act upon, reimbursement to Braddock Place Estates, Ltd., in an amount not to exceed $153,777.00, for easements related to the Twin Lakes Outfall Sewer line. (C. Holsted, City Engineer) I. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of October 31, 2006. (S. Satterwhite, WEDC Executive Director) January 9,2007 Wylie City Council Regular Meeting Agenda Page 3 of 4 J. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of November 30, 2006. (S. Satterwhite, WEDC Executive Director) REGULAR AGENDA Public Hearings 1. Hold a Public Hearing and consider, and act upon, amending the zoning from Agriculture (A) to Single Family — 20/26 (SF-20/26) District for proposed single family residential uses, generally located south of Alanis Drive and west of Ballard Avenue. ZC 2006-18 (R. 011ie, Planning Director) Executive Summary The subject property is located south of Alanis Drive and west of Ballard Avenue. The applicant is requesting to rezone 1.746 acres to allow for single family residential uses. The subject property has been within the corporate city limits of Wylie since 1988 and was final platted in April 2006. The plat created two single-family residential lots each being 38,028 square feet (0.873 acres) in size. At the time of platting no plans for development were submitted. The applicant now desires to construct a residential dwelling on one lot. Because the property was in a holding zone of Agricultural, it must now convert to permanent zoning prior to construction and prior to the issuance of building permits. The Comprehensive Plan recommends low density residential for the subject property. Tabled from December 12, 2006 2. (MOTION TO REMOVE FROM TABLE) Consider, and act upon, approval of Resolution No. 2006-26(R) supporting an alignment for Parker Rd. (FM 2514) at the intersection of FM 1378. (C. Holsted, City Engineer) Executive Summary On September 14, 2006, a public meeting was held to discuss alignment alternatives for FM 2514 at the intersection with FM 1378. The Collin County engineering consultant—Birkhoff,Hendricks, and Conway presented five alignment alternatives. The City of Wylie Thoroughfare Plan currently reflects alignment option 2. After the alignment is finalized, right of way documents will be prepared for the project. No construction funds are currently available to construct the realignment. This item was tabled on December 12,2006 to allow time for the Engineering Department to contact residents/businesses in the area to obtain more information regarding the proposed options. A meeting was held on December 13, 2006 with representatives from the Town of St.Paul to discuss the alignment alternatives. 3. Consider, and act upon, the appointment of a Board of Directors member of the North Texas Municipal Water District (NTMWD) to complete an unexpired term beginning January 2007 and ending May 31, 2007. (C. Ehrlich, City Secretary) Executive Summary The Board of Directors of North Texas Municipal Water District is a policy making body similar in nature to the City Council. The Board is responsible to both the State of Texas and to the member cities for assuring that NTMWD operations occur in accordance with state and federal law, in alignment with NTMWD policy, and in the best interests of the cities receiving services. The City of Wylie has two board member positions on the NTMWD Board: Mr. Marvin Fuller whose term expires May 31, 2008 and a position that is now vacant.This position term will expire May 31,2007. January 9,2007 Wylie City Council Regular Meeting Agenda Page 4 of 4 READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq, Texas Government Code, to wit: Section 551.071 Meeting with City Attorney regarding a matter(s) in which the duty of the City Attorney under the Texas Disciplinary rules of Professional Conduct of the State Bar of Texas conflicts with the Open Meetings Act regarding: • issues related to property near the intersection of F.M. 544 and S.H. 78 Section 551.072 To deliberate the purchase, exchange, lease or value of real property generally located at: • near the intersection of F.M. 544 and S.H. 78 ADJOURNMENT CERTIFICATION I certify that this Notice of Meeting was posted on this 5rn day of January, 2007 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website.• www.wylietexas.gov. • )641 S vt) arole Ehrl' , 'ty Secretary S Date Notice Removed '����'/E EXO%`` Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, December 12, 2006 — 6:00 pm Wylie Municipal Complex— Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor John Mondy called the meeting to order at 6:00 p.m. Council Members present were: Mayor Pro Tem Carter Porter, Councilman Earl Newsom, Councilman Merrill Young, Councilman Eric Hogue, and Councilman Red Byboth. Councilman Rick White was absent. Staff present were: City Manager, Mindy Manson; Finance Director, Larry Williamson; Public Services Director, Mike Sferra; Planning Director, Renae' 011ie; City Engineer, Chris Hoisted; Acting Fire Chief, Noe Flores; WEDC Director, Sam Satterwhite; Public Information Officer, Mark Witter, City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Youth Minister Derrick Blackmon representing the Wylie United Methodist Church gave the Invocation and Mayor Pro Tern Porter led the pledge of allegiance. PRESENTATION • Presentation to the Reach for a Star Program. (Presentation by various organizations) Representatives from Dodd Elementary School PTA, Wal-Mart Store #5210, and Sam's Club Store #4783 were present to give donations to the "Reach for a Star" Program for 2006. Not present but also submitting a donation was Woodbridge Country Club for the RFS Annual Golf Tournament. RFS Chair, Tommy Nicholson and committee member Kevin England were present to accept the donations. • Presentation to Wylie Fire-Rescue Clowns (Paula Stover, Manager of Wal-Mart Store #5210 and Denise Aparicio, Wal-Mart Representative) Captain Brent Parker and other members of the Wylie Fire-Rescue Clowns were present to accept a donation from Paula Stover, Manager of Wal-Mart Store #5210. Captain Parker gave a short explanation of what the Wylie Fire-Rescue Clowns provide to children in the community regarding fire safety. Minutes—December 12, 2006 Wylie City Council Page 1 CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. Jessica Kaltenbach residing at 3004 Claybrook Drive, Wylie, Texas addressed Council regarding issues with roadway traffic in the Sage Creek Developments. She explained that during an earlier Council meeting regarding Phase 8 and Phase 9 of the Creekside Estates, Ashton Woods had recommended traffic access from Claybrook Road to go South thru Wooded Creek. She explained to Council that this proposed flow of traffic was not working. She noted that residents were not told that the connecting roads through Wooded Creek, Phase 8 would not be completed for a few years. She explained that at the time of the platting, and zoning, two property owners came before Council complaining of the proposed access roadway coming so close to their property and consequently Council decided to move the access road north, thru Wooded Creek to Riverway. The proposed direction was going to cause the road to intersect along two parks and a dangerous water drainage embankment. Ashton Wood had promised a "bridge" to enhance the look of the crossing to be similar to the bridge at the entrance of the development. However what the development ended up with was a culvert. She requested Council to consider constructing a sound barrier wall running the length of the roadway between Wooded Creek and Riverway. She reported to Council that City Engineer Hoisted was aware of the issue but wanted Council to be aware as well. Mayor Mondy directed Mr. Hoisted to review the request made by Ms. Kaltenbach and report back to Council with possible options. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes from the November 14, 2006 Regular Council Meeting and the November 28, 2006 Special Called Council Meeting. (C. Ehrlich, City Secretary B. Consider, and act upon, an amendment to the Professional Services Agreement between the City of Wylie and ARCHITEXAS. (M. Manson, City Manager) C. Consider, and act upon, awarding a contract, in the amount of $35,921.00, to Canyon Creek Irrigation for the installation of an irrigation system at Joel Scott Park. (M. Sferra, Public Services Director) D. Consider, and act upon, awarding a contract, in the amount of$21,211.95, to Classic Gardens for the installation of trees at Joel Scott Park and the Community Center Parking Lot. (M. Sferra, Public Services Director) E. Consider, and act upon, approval of a Custodial Contract between the City of Wylie and Envision for housekeeping services. (M. Sferra, Public Services Director) Minutes—December 12, 2006 Wylie City Council Page 2 F. Consider, and act upon, Ordinance No. 2006-71 establishing a School Zone on Hooper Road in front of Raymond Cooper Jr. High School. (J. Butters, Assistant City Manager) G. Consider, and act upon, authorizing the Mayor to execute a Warranty Deed for the right of way for Lakefield Drive from Chasepark Drive to FM 1378. (C. Holsted, City Engineer) H. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of September 30, 2006. (S. Satterwhite, WEDC Executive Director) I. Consider, and act upon, approval of a Preliminary Plat for TXU Lavon Switching Station creating four 4 tracts totaling 71.26 acres, generally located south of S.H. 78 and west of Eubanks Road. (R. 011ie, Planning Director) Mayor Mondv announced that Item #G had been pulled at the request of staff. Council Action A motion was made by Councilman Young, seconded by Councilman Hogue to approve the Consent Agenda, as presented, striking Item #G. A vote was taken and passed 6-0 with Councilman White absent. No action was taken on Item #G. Mayor Mondy recessed City Council at 6:20 p.m. RECESS CITY COUNCIL CALL TO ORDER PARKS & RECREATION FACILITIES DEVELOPMENT CORPORATION Mayor Mondy convened the Wylie Parks & Recreation Facilities Development Corporation to order at 6:21 p.m. with the following members present: Board Member Shirley Burnett, Councilman Eric Hogue, Councilman Merrill Young, Mayor and Board Chairman John Mondy, and Board Member Anne Hiney. Board Member Dan Chestnut and Councilman White were absent. 1. Consider, and act upon, approval of the Minutes of the January 17, 2005 Special Called Meeting and the September 12, 2006 Wylie Parks and Recreation Facilities Development Corporation (4B). (C. Ehrlich, City Secretary). Board Action A motion was made by Board member Anne Hiney, seconded by Board member Shirley Burnett to approve the Minutes from the January 17, 2005 Special Called Meeting and the September 12, 2006 Special Called Meeting of the Wylie Parks and Recreation Facilities Development Corporation Board as presented. A vote was taken and passed 5-0 with Councilman White and Board member Chestnut absent. Minutes—December 12, 2006 Wylie City Council Page 3 2. Consider, and act upon, the appointment and/or reappointment of the Wylie Parks and Recreation Facilities Development Corporation (4B) Officers and to appoint a Chair and Vice Chairman from its board members for a term beginning January 1, 2007 and ending December 31, 2008. (C. Ehrlich, City Secretary). Board Action Appointment of 4B Vice Chair A motion was made by Mayor Mondy, seconded by Councilman Young to appoint Anne Hiney as the Vice Chair of the Wylie Parks and Recreation Facilities Development Corporation Board (4B)for a two year term beginning January 1, 2007 and ending December 31, 2008. A vote was taken and passed 5-0 with Councilman White and Board member Chestnut absent. Board Action Appointment of 4B Chair A motion was made by Anne Hiney, seconded by Councilman Hogue to re-appoint Mayor John Mondy as Chair of the Wylie Parks and Recreation Facilities Development Corporation Board (4B) for a two year term beginning January 1, 2007 and ending December 31, 2008. A vote was taken and passed 5-0 with Councilman White and Board member Chestnut absent. Board Action Appointment of 4B Officers A motion was made by Mayor Mondy, seconded by Councilman Young to appoint City Manager Mindy Manson as President, Assistant City Manager Jeff Butters as Vice President, Finance Director Larry Williamson as Treasurer, and City Secretary, Carole Ehrlich as Secretary of the Wylie Parks and Recreation Facilities Development Corporation Board (4B) for a term beginning January 1, 2007 and ending December 31, 2008. A vote was taken and passed 5-0 with Councilman White and Board member Chestnut absent. ADJOURN With no further business before the Wylie Parks and Recreation Facilities Development Corporation (4B), the meeting was adjourned at 6:24 p.m. Consensus of the board members present was to adjourn. RECONVENE INTO OPEN SESSION OF THE WYLIE CITY COUNCIL Mayor Mondy reconvened the Regular Session of City Council at 6:24 p.m. REGULAR AGENDA Public Hearings 1. Hold a Public Hearing and consider, and act upon, Ordinance No. 2006-72 amending the zoning from Agricultural (AG) District to Townhouse (TH) District, Minutes—December 12, 2006 Wylie City Council Page 4 generally located on the northeast corner of Lynda Lane (CR 389) and Forrest Ross Road. Zoning Case 2006-15. (R. 011ie, Planning and Zoning Director). Mayor Mondv announced that Zoning Case 2006-15 had been withdrawn in writing by the applicant, (Gary DeFrain). Public Hearing Mayor Mondv opened the public hearing at 6:25 p.m. No one was present to address Council on this item. Mayor Mondv closed the public hearing at 6:25 p.m. Council Action A motion was made by Councilman Hogue, seconded by Mayor Pro Tern Porter to accept the withdrawal of Zoning Case No. 2006-15 at the request of the applicant (Gary DeFrain). A vote was taken and passed 6-0 with Councilman White absent. (Letter of withdrawal on file) 2. Hold a Public Hearing and consider, and act upon, Ordinance No. 2006-73 regarding an amendment to Article 2, Section 2.2.B of the Zoning Ordinance that requires complete annexation prior to a zoning application being accepted. (R. 011ie, Planning and Zoning Director). Staff Comments Planning Director 011ie addressed Council stating that the Ordinance being presented will restrict accepting a zoning application prior to property being annexed into the city limits of Wylie. The current ordinance in place does not clearly prohibit zoning running concurrent with annexation. Ms. 011ie explained that this ordinance would be more cost effective regarding notice advertising to the City. Council Discussion Mayor Mondy asked what this new procedure would include. City Manager Manson explained that in the past, there was no procedure in place that required complete annexation before a zoning case could come before Council. She explained that with the new proposed Ordinance would change that process and the property would be required to be annexed before applying for zoning; instead of concurrent annexation and zoning Public Hearing Mayor Mondv opened the public hearing at 6:27 p.m. No one was present to address Council on this item. Mayor Mondv closed the public hearing at 6:27 p.m. Council Action A motion was made by Councilman Newsom, seconded by Councilman Byboth to approve Ordinance No. 2006-73 regarding an amendment to Article 2, Section 2.2B of the Zoning Ordinance that requires complete annexation prior to a zoning application being accepted. A vote was taken and passed 6-0 with Councilman White absent. Minutes—December 12, 2006 Wylie City Council Page 5 3. Hold a Public Hearing and consider, and act upon, Ordinance No. 2006-74 regarding an amendment to Article 3, Section 3.4 lighting requirements of the Zoning Ordinance specifying spacing distance between poles. (R. 011ie, Planning and Zoning Director). Staff Comments Planning Director 011ie addressed Council stating that the current ordinance has separate requirements for lighting along open space and lighting along sidewalks. Article 3, Section 3.4 states that open space easements, public walkways and trails must provide solar-controlled lighting on 10-12 feet decorative poles every 100 feet, while all sidewalk lighting in residential districts must be on decorative poles spaced every 150 feet at intersections and mid-block. Discussions with builders led staff to research space requirements for lighting in residential subdivisions. After researching several city codes, staff found that there is no set distance requirement, but rather a matter of preference. Ms. 011ie noted that this ordinance would also give the City Engineer authority to alter the locations of lights to allow more efficiency between light locations. Council Discussion Councilman Young asked Ms. 011ie if the ordinance could be specific to type of lighting used. He explained that he had spoken to Public Services Director Sferra about the usage of"green" lighting. Ms. 011ie replied that the Ordinance stated that the state lighting code would be used which addressed types of lighting that could be installed that met those requirements. Councilman Young then asked who paid for the electrical expenses of street lighting. Ms. 011ie replied that the City did. She noted that the City Engineer had completed a study and found that lighting costs were around $20.00 per month, per light which included maintenance and installation. Councilman Young commented that the "green lighting" would be much more cost effective. He stated that he would forward the information to Ms. 011ie. Ms. 011ie replied that staff would take a look at the cost. Public Hearing Mayor Mondv opened the public hearing at 6:30 p.m. No one was present to address Council on this item. Mayor Mondv closed the public hearing at 6:30 p.m. Council Action A motion was made by Councilman Hogue, seconded by Councilman Newsom to approve Ordinance No. 2006-74 regarding an amendment to Article 3, Section 3.4 lighting requirements of the Zoning Ordinance specifying spacing distance between poles. A vote was taken and passed 6-0 with Councilman White absent. General Business Tabled Item from November 14, 2006 Council Action A motion was made by Councilman Hogue to remove Resolution No. 2006-26 from the table and consider. Consensus was to remove Resolution No. 2006-26 from the table and consider. Minutes—December 12, 2006 Wylie City Council Page 6 4. Consider, and act upon, approval of Resolution No. 2006-26(R) supporting an alignment for Parker Rd. (FM 2514) at the intersection of FM 1378. (C. Holsted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that with the holidays, he was not able to schedule a meeting between City staff and officials of the City of St. Paul. He explained that there was a meeting scheduled for Wednesday, December 13, 2006 at 9:00 a.m. He requested Council re-table this item to the January 9, 2006 Council meeting to allow that discussion to take place. Council Action A motion was made by Councilman Byboth, seconded by Councilman Newsom to re-table Resolution No. 2006-26(R) regarding the alignment for Parker Rd. (FM 2514) at the intersection of FM 1378 to the January 9th, 2007 Council meeting to allow time for discussion between Wylie staff and the City of St. Paul. A vote was taken and passed 6-0 with Councilman White absent. Tabled Item from November 14, 2006 Council Action A motion was made by Councilman Hogue to remove consideration of the City's Bank Depository contract from the table and consider. Consensus of Council was to remove and consider. 5 Consider, and act upon, awarding the City's Bank Depository Contract for FY 2006 2010. (L. Williamson, Finance Director) Staff Comments Finance Director Williamson addressed Council stating that last year; the City Council requested that the finance department solicit bids for the City's depository services through an RFP process. The solicitation included Basis Banking Services, Merchant Banking Services, and Lockbox Services. The contract period was for four years. Four banks responded: American National Bank, Inwood National Bank, Capital One Bank, and JP Morgan/Chase Bank. He noted that each service had been bid separately by all four banking institutions. Council Discussion Mayor Mondy stated that he preferred the funds did not leave the City of Wylie. He asked Mr. Williamson what the options would be to assure this would happen. Mr. Williamson explained that the bid could be split between the low bidders. He noted that the low bidders for basic banking services were either American National Bank or Inwood Bank. He explained that the low bidder for the lock-box service and the merchant services was J.P. Morgan Chase Bank. Councilman Hogue asked Mr. Williamson if we currently used American National Bank for the City Depository (basic banking services). Mr. Williamson replied that the City did use American National Bank for the Bank Depository and lock box services. Mayor Mondy asked if there was any reason to take the depository away from American National. Mr. Williamson reported that from an operational standpoint there was not a reason to move the depository. Councilman Byboth asked, with all things equal, how long the depository had been with American National. Mr. Williamson replied that the depository had been with American National for just under 6 Minutes—December 12, 2006 Wylie City Council Page 7 years. Mayor Mondy stated that if American National was performing a good job, why move the depository. Council Action A motion was made by Councilman Hogue, seconded by Councilman Newsom to accept the bid for"Basic Banking Services" from American National Bank (Wylie, Texas) and accept the bid for "Lockbox" and "Merchant Banking" from J. P Morgan Chase Bank. A vote was taken and passed 5-1 with Mayor Mondy, Mayor Pro Tern Porter, Councilman Young, Councilman Hogue, and Councilman Newsom voting for and Councilman Byboth voting against. Councilman White was absent. 6. Consider, and act upon, amending and approving the City of Wylie's Investment Policy for FY 2006-2007. (L. Williamson, Finance Director) Staff Comments Finance Director Williamson addressed Council stating that the state "Public Funds Investment Act" requires the review and acceptance of the City's Investment Policy annually by the City Council. There are a number of changes that have been made to the Policy. Mr. Williamson explained to Council two additional policy changes: 1) Section X, Diversification and Maturity Limits: The maximum amount of Certificates of Deposits allowable, as a percent of the total portfolio, is proposed to increase from 15% to 25% in order to increase the amount of funds the city can place with local banks. This will not increase our portfolio risk. Certificates of Deposit are fully collateralized with other marketable securities safe kept at the Fed Reserve Bank in Boston. Recently, Certificates of Deposit have provided better yields then other allowable investments. 2) Section VIII, Investments Authorized by the City of Wylie; sub-section (3): The maximum maturity for Collateralized Repurchase Agreements is recommended to be extended from 180 days to 2 years to allow for the investment of bond proceeds in Repurchase Agreement. Council Discussion Mayor Mondy asked which banking institution the current Certificates of Deposit were with. Mr. Williamson stated that they were with Capitol One Bank which was the best bid for the approximate $4 million dollars. He stated that the interest rate was 5.29% - 5.39%. He explained that he asked the local banks to match the interest rate from Capitol One Bank; explaining that the City would place additional funds with their banks. He noted that they did not accept the offer. Mayor Mondy then asked Mr. Williamson if the City had to go with the highest bid rate. City Manager Manson stated that the City took the best bid based on interest rate return. Mayor Mondy stated that he did not believe the highest bid should always be used. He stated that American National and Inwood Banks had been in the community for a long time and were involved with the community. Mr. Williamson explained that another bid for Certificates of Deposit would be coming in the next couple of months. Due to the $4 million dollars deposited with Capitol One, they would not be able to bid during the next phase. He explained that American National and Inwood would be the bidding banks. City Manager Manson stated that she would like further direction from Council, if they chose to place the deposits with bidding banks; regardless of rates of return. Council Action A motion was made by Councilman Hogue, seconded by Councilman Young to approve amendments to the City of Wylie's Investment Policy for FY 2006-2007. A vote was taken and passed 6-0 with Councilman White absent. Minutes—December 12, 2006 Wylie City Council Page 8 7. Consider, and act upon, Ordinance No. 2006-75 amending Ordinance No. 2005-41 (2005-2006 Budget) and approving an appropriation of funds in the amount of $45,767.42 to pay professional services to ARCHITEXAS for pre-design work on the Library, City Hall and Recreation Center; providing for the repealing, savings and severability clauses; and providing for an effective date of this ordinance. (L. Williamson, Finance Director) Staff Comments Finance Director Williamson addressed Council stating that the Finance Department recently received an invoice from ARCHITEXAS for pre-design work it performed in the 2005-2006 Budget Year. There were no appropriations made for any expenditure from the 2006 GO bond proceeds in 2005-2006. This request does not have an effect on the General Fund; as the funds reside in the 2006 GO Bond Fund (the construction fund). Council Action A motion was made by Councilman Young, seconded by Mayor Pro Tem Porter to approve Ordinance No. 2006-75 amending Ordinance No 2005-41 (2005-2006 Budget) and approving an appropriation of funds in the amount of $45,767.42 to pay professional services to ARCHITEXAS for pre-design work on the Library, City Hall an Recreation Center; providing for the Repealing, Savings and Severability Clauses; and providing for an Effective Date of this Ordinance. A vote was taken and passed 6-0 with Councilman White absent. 8. Consider, and act upon, award of a contract, in the amount of $1,021,000.00, to Crescent Constructors, Inc. for the improvements of the Nortex Pump Station. (C. Hoisted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that on November 30, 2006 the City opened three bids for improvements to the Nortex Pump Station which include a new pump building with three 1,600 gpm vertical turbine pumps, and related piping, valves and electrical equipment. The improvements are included in the Water System Capital Improvements Plan, the Water Impact Fees, and the Water and Sewer Rate Study. On October 24, 2006, Council awarded contracts for the purchase of the pumps, valves, and electrical equipment to expedite the delivery time. Council Action A motion was made by Councilman Hogue, seconded by Mayor Pro Tern Porter to approve award of contract in the amount of $1,021,000.00 to Crescent Constructors, Inc. for the improvements of the Nortex Pump Station. A vote was taken and passed 6-0 with Councilman White absent. 9. Consider, and act upon, award of a contract between the City of Wylie and Halff and Associates for architectural services for Founders Park. (M. Manson, City Manager) Minutes—December 12, 2006 Wylie City Council Page 9 Staff Comments Public Services Director Sferra addressed Council stating that currently, Founders Park is a 65 acre site containing two lighted baseball fields, five lighted soccer fields, and Pirates Cove Playground. In November 2005, voters approved a 5.47 million dollar bond package to add 14 more soccer fields, two more baseball fields, concession stand/restroom facilities, additional parking, hike and bike trails, and other amenities to the existing park. Staff is currently working to acquire an additional 17 acres of open space adjacent to the existing park. If successfully acquired, this parcel will be used to enhance the approved bond improvements. The project Scope of Services includes the design of improvements in the additional 17 acre parcel. Council Action A motion was made by Councilman Hogue, seconded by Councilman Young to award a contract between the City of Wylie and Half and Associates for architectural services for Founders Park. A vote was taken and passed 6-0 with Councilman White absent. 10. Consider, and act upon, Ordinance No. 2006-76 establishing an Active and Continuing Records Management Program/Plan for the City of Wylie Repealing Ordinance No. 91-20 and Amending Article VI of the Wylie Code of Ordinances. Providing for Repealing, Savings and Severability Clauses; and Providing for an Effective Date of this Ordinance. (C. Ehrlich, City Secretary) Staff Comments City Secretary Ehrlich addressed Council stating that the City Secretary's Office, staff and the City Attorney's Office have reviewed Ordinance No. 91-20 establishing a Records Management Policy. It is the finding of staff and the City Attorney's Office that the existing Records Management Plan (Ordinance No. 91-20) needed to be reviewed and updated in order to more clearly and comprehensively establish a Records Management Program. The proposed Ordinance is more aligned with state law regarding new procedures for off-site retention of non-active documents, and the implementation of laserfiche. The proposed Ordinance also addresses "state schedules" which were adopted by the City Council in 1997. City staff has prepared a recommended Records Management Plan which prescribes policies and procedures consistent with the Local Government Records Act and in the interests of cost-effective and efficient recordkeeping. Council Discussion Mayor Mondy asked if the records series were being retained for the length of time prescribed. City Secretary Ehrlich reported that departments were complying with state retention schedules and inventories had been submitted for documents held within departments and off-site. She explained that Records Management was an ongoing program. City Manager Manson stated that ideally and generally what happens is when staff is going through the files and finds inactive files, the records liaison for that department places those items on an inventory list to be taken to an off-site facility for the state retention period. Mayor Mondy asked if all the older records were inventoried and squared away. Ms. Manson replied that yes the old records were inventoried and were being reviewed on an annual basis. She noted that some documents may not be accounted for from previous staff but for the most part, all documents were scheduled and recorded as required by the state. She explained that would continue as an ongoing program. Council Action A motion was made by Councilman Hogue, seconded by Councilman Byboth to approve Ordinance No. 2006-76 establishing an Active and Continuing Records Management Program/Plan for the City of Wylie Repealing Ordinance No. 91-20 and Amending Article VI of Minutes—December 12, 2006 Wylie City Council Page 10 the Wylie Code of Ordinances. Providing for Repealing, Savings and Severability Clauses; and Providing for an Effective Date of this Ordinance. A vote was taken and passed 6-0 with Councilman White absent. 11. Consider, and act upon, issues surrounding a request from the Wylie Economic Development Corporation to the City of Wylie, in the amount of$10,000.00, to assist in funding a Strategic Plan and Target Market Study. (S. Satterwhite, WEDC Executive Director) Staff Comments WEDC Executive Director Satterwhite addressed Council stating that the WEDC Board believed it was important to go beyond the industrial development responsibilities of the WEDC and develop a community wide strategy to address retail development. Within the FY 2006 — 2007 Budget, the WEDC Board committed $65,000 to strategic planning purposes. While the WEDC has obligated itself to the contracted amount of $75,000, the WEDC Board of Directors respectfully requests financial assistance from the City of Wylie in the amount of $10,000.00. Mayor Mondy asked if this plan would include all of S.H. 78, S.H. 205 and S.H. 544. Mr. Satterwhite concurred that it would and may extend further. Council Action A motion was made by Councilman Hogue, seconded by Councilman Young to approve the appropriation of $10,000 to assist in funding a Strategic Plan and Target Market Study by the Wylie Economic Development Corporation to include the study of retail and commercial property. A vote was taken and passed 6-0 with Councilman White absent. Tabled Item from November 14, 2006 Council Action A motion was made by Mayor Pro Tern Porter to remove consideration and/or action upon the appointment of a new member of the Planning and Zoning Commission for the unexpired term of December 2006 to July 2007. Consensus of Council was to remove from the table and consider. 12. Consider, and act upon, appointment of a new member to the Planning and Zoning Commission for the unexpired term of November 2006 to July 2007. (R. 011ie, Planning and Zoning Director) Staff Comments Planning Director 011ie addressed Council stating that this item was tabled from the November 14, 2006 Council meeting to provide Council ample time to consider the appointment of a new member to this board. The City Secretary's Office has contacted all board applicants from May 2006 that indicated a desire to serve on the Planning and Zoning Commission. Council Discussion Mayor Pro Tern Porter, Chair of the Boards and Commission Interview Panel recommended Mr. Kevin Finnell to fill the unexpired term of Joel Hemphill starting December 2006 and ending July 2007. Minutes—December 12, 2006 Wylie City Council Page 11 Council Action A motion was made by Councilman Byboth, seconded by Councilman Newsom to appoint Kevin Finnell to fill the unexpired term of Joel Hemphill starting December 2006 and ending July 2007. A vote was taken and passed 6-0 with Councilman White absent. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. City Secretary Ehrlich read the captions to Ordinance No's. 2006-71, 2006-73, 2006-74, 2006- 75, and 2006-76 into the official records. ADJOURNMENT With no further business before Council, Councilman Red Byboth made a motion to adjourn at 7:55 p.m. Councilman Newsom made the second. Consensus of Council was to adjourn. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes—December 12, 2006 Wylie City Council Page 12 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: January 9, 2007 Item Number: B Department: City Secretary (City Secretary's Use Only) Prepared By: Carole Ehrlich Account Code: N/A Budgeted in individual Date Prepared: December 9, 2006 Budgeted Amount: departments Exhibits: Resolution No. 2007-01(R) Subject Consider, and act upon, approval of Resolution No. 2007-01(R) establishing a public newspaper of general circulation to be the official newspaper for the City of Wylie. Recommendation A motion to approve Resolution No. 2007-01(R) establishing a public newspaper of general circulation to be the official newspaper for the City of Wylie. Discussion There are two requirements that must be met for a newspaper to meet the statutory requirements as a newspaper of general circulation. First, the publication must be a newspaper as defined by Section 2051.044, Texas Government Code. The section defines the term newspaper as: ...any newspaper devoting not less than 25%of its total column lineage to the carrying of items of general interest published not less frequently than once each week, entered as second class postal matter in the county where published and having been published regularly and continuously not less than twelve (12) months prior to the making of any publication... The second issue to consider is whether a particular publication is a newspaper of general circulation. The following area newspapers have been surveyed as to their circulation,times of publication,and advertising costs for public notifications. Newspaper Frequency Cost FY 2005-2006 Ad Expense Wylie News Every Wednesday $ 2.29 per line $45,673.50 McKinney Courier Sun-Friday $ .20 cents per word $ 1,265.07 Dallas Morning News Daily $2.35 per line $5,917.10 Thurs.-Sun. Page 1 of 2 Page 2 of 2 The City of Wylie Home Rule Charter states in Article 11, Section 2; The City Council shall declare an official newspaper of general circulation in the city. All captions of ordinances, notices and other matters required to be published by this charter, by city ordinances, or by the constitution and laws of the State of Texas, shall be published in this official newspaper. The Wylie News meets the criteria for an official publication as provided by the statute. The Wylie News has been the official publication for the City for several years. Approved By Initial Date Department Director CE 12-9-06 City Manager W. /-/3-O RESOLUTION NO. 2007-01 (R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, ESTABLISHING A PUBLIC NEWSPAPER OF GENERAL CIRCULATION TO BE THE OFFICIAL NEWSPAPER FOR THE CITY OF WYLIE WHEREAS,Section 52.004,Local Government Code,requires the City Council of the City of Wylie,Texas("City Council")to determine,by ordinance or resolution,a public newspaper to be the official newspaper for the City of Wylie, Texas ("Wylie"); and WHEREAS, the City Council finds that the Wylie News is a public newspaper of general circulation. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: SECTION 1: That the City Council of the City of Wylie, Texas hereby determines and establishes the Wylie News as the official newspaper for Wylie until the time that another selection is made by the City Council. SECTION 2: That this resolution shall take effective immediately upon its passage. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, and this the 9th day of January 2007. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution 2007-01(R) Establishing Public Newspaper 1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: January 9, 2007 Item Number: C Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: 12/27/06 Budgeted Amount: Exhibits: One Subject Consider, and act upon, approval of a Preliminary Plat creating a single lot for Multi-Family development on 20.500 acres, generally located south of FM 544 between Hooper Road and Wylie High School within the Woodbridge North Subdivision. Recommendation Motion to approve a Preliminary Plat creating a single lot for Multi-Family development on 20.500 acres, generally located south of FM 544 between Hooper Road and Wylie High School within the Woodbridge North Subdivision. Discussion The property totals 20.500 acres and creates a single lot for Multi-Family development. The subject property is part of the larger Woodbridge North Addition which was the subject of a zoning change request in 2003. The subject property was successfully rezoned PD2003-01 for mixed use development including Multi-Family uses. The subject property is triangular in shape with several utility easements traversing the property. The property is bordered by a flood zone on two sides. However, no portions of any building lie within the designated flood areas. The southwest portion of the site is heavily wooded and to a great degree will not be disturbed. The Plat will dedicate 30 feet of right-of-way for the construction of Woodbridge Parkway as it runs along the northwest property line of the subject property. A Final Plat for the construction of the remaining portion of Woodbridge Parkway has been submitted by Woodbridge North 1, Ltd and will be considered by Council at the January 23, 2007 meeting. The Preliminary Plat complies with all applicable technical requirements of the City of Wylie. Planning and Zoning Commission voted 6-0 to recommend approval. Approved By Initial Date Department Director RO 12/27/06 City Manager dIrrk I1,3 ir) Page 1 of 1 F11111MIVIIIDM1.104Y10 0 0 61 3101101011/ ilifl 1 - II— % ,. fli ; L-' ti ! // •-1.1 I mal:Ifi— 11 _____- illi VI iii 411 1 .:. ..v. ), ,,,' d „ 4. ip. _ ili / ...-- / mi ok:'i,CF ii ›. 1 101 lik 1111 ,IL-,''o • / 'j ! I. PI ,..g. A.7,, - ,, • ,, , I 1. . itl .,_-,1 ),1/4 , • g 1 Gt1) di ! 1 ,i) I 45 , r'' / mig g 1 ro lit i 1 4,*......,.., 6. ., , g Ill I g 11 III I/ .tr / • I I I J 1 \ J ,i . // • liii i ,ijii' + I \ , // , 1.. „ 11' siill\\• ' 0 .\ +'i A 1' r "r 1 , ,1l " II1 N a I I� 1 : , .. -1 ' it 1 >, aF a NI pi ii'i�� i ' ''J } 1 ,''� 1 i i 1 i uulllihuiiihhltiiii I• ..ft.,„,. .' , " ' x 1 I 1 iii , i : 1 �' i li Ih -t 11111I It I ii I 1 t 1 1 I + 1 .4 ",:t.7.1':1„ a j r})e• k 4 iti:. :,.4 tr: 1 I 1 $ r; i ! .„..4. t., . ,1-. oi I Iiii.Thii.o. ii 1 I ,-1-, , ,., hii . r.".1,41.Th--, . i.r., , 1 ph P I 1 ill I ,4 d ,I I i4 rii,..,14 :t, • i �i' . Oa, l —' 11 • , i Pi itlipli iii 0 _+I 1 I '''-g-rj.., •.-;i-tF4 NI Allt• 14 gol ;,u, w. I ' Il I 1.11 ita ealiblibl �w 1 _ o W 0p� 00180Y0Y6 111 j 1fNA1PYMYM� 11 . ilii i :" { 1111uli , \ II% \ 11 $ sitl r,.. 1 i ,,, , i , 1 ! to t.% s Y----- ,-;-—1 it ii ,,,,,„, t r. gertill iiu� � '',', .. •••,,, ::.:, 1 04\1 i \----- ,, i _.,„:„.....„.,7.,.. ....,'1" -- :I' -- --I.. 11'::',11:1,11'it' . ',,,,i1- ,',1111 : 11\ I 1 !' 1 ' t f `\\ �+ i ;\ \ it 1 v 1 . t, •\ss,"1 t • 1 v `v vvv a '' I- ' 1 b 1 % et ♦\v sit I tit • . 02 \ \` =.+r}�i'141/4„ . $..cam., ,\\ iI!t ! I, !\`\ i 1 iiff fiji. . i - - 'i -il ' 1 or 1 ram►'°°°".e," a ``'� 1 1 j 11 _ .-... 1 1 ith, *444:.:---:::t4"..... 1 i fit 1 I tti i 1 i { 1 1 1 1 Al 1 Y •..\••a..•n�! I 1 t \ 1 tit • III 110 ,., Ili w I 1 1 { r ; t1 „ I ' t{ t, { „lilt .II II , , * � , 't 1 o ! � �_ $� i{ ��linilliiiiiiiiilliti! iill {, III IIIIIIIIPiipq . , ;1. IIIII-IIIIII . � .,IIIIL I I ... • L ---- •IM •," ,'".''':‘',t1/. 6.........*1 Wylie City Council CITY OF WYLIE AGENDA REPORT g Meeting Date: January 9, 2007 Item Number: D Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: 12/27/06 Budgeted Amount: Exhibits: One Subject Consider, and act upon, approval of a Final Plat creating four (4) commercial/retail lots for Victoria Place Addition, generally located at the northeast corner of SH 78 and Spring Creek Parkway. Recommendation Motion to approve a Final Plat creating 4 commercial/retail lots, generally located at the northeast corner of SH 78 and Spring Creek Parkway. Discussion The property totals 12.9096 acres and will create 4 commercial/retail lots and is zoned Commercial Corridor(CC) District. The plat dedicates a thirty (30) foot wide drainage easement. The easement will extend from S.H. 78 and continue north along the western property line to the existing drainage channel. A Conceptual Site plan for the four lots was approved by the Commission on October 17, 2006. A Final Site Plan approved by the Commission will be required prior to development of any lot. The Final Plat complies with all applicable technical requirements of the City of Wylie. Planning and Zoning Commission voted 6-0 to recommend approval. Approved By Initial Date Department Director RO 12/27/06 City Manager V' 1 / V 1 l3 f o 1 Page 1 of 1 DEDICATION SURVEYOR'S CERTIFICATE STATE OF TEXAS. WILLIAMS.A E BEST PROFESSIONAL LHND SURVEYOR OF THE STATE OF TEXAS.it COUNTY Of CODUN. \u `J�..tI._ HEREBY ST ON ATE.TO E GROUND Of M KNOWLEDGE LAND $B LIEF.DESCRIBED, THAT PREPARED T THIS CORNEq vE re trio ode o Dan of a cn tact al ND FSURVEY O♦HE p D.AND PAR WHEREAS,wrLIE IN TMENiz.UP t2.9096 0 �l 1 MONUMENIS SHOWN THEREON WERE PROPERLY PUCED UNDER MY PERSONAL SUPERVISION . Igntl Kqt in the Francisco°aL:Pi���Sorw^AlnVacip fi68.1 Cry d Wyge.ACo14nMCqur,ty, ex.V or o l Olurn• portiono some of Records a o conveyed y,Texas;Eswu I�^ '� SOS6.Pa :act m escrih.as Idlews,°� EGI of the north 1 Bqh txo line of o inch„IonPo rod set.distance bO0.0o feet to TIC 1M Boat point SITE g o y ne f State H ZB(ad q toy)o st REGISTEREDPROFtlEU5510NA1 DATE I.a II of Spring Cr«knPori..(a 100 foot being t-of-way), SURVEYOR JB 1 ENCE,N OR I S 42"E.deporting w, net Highway ZB M SCALE:1'-top' / II.re ' the beginning pnn9 a o X1 in set + _/ oot f 1550eginn g o left.nose center Peon NEST,o31.. 3'n ® / II orvonsri., -1u,I,E [Ln`utr'it '� RECOMMENDED FOR APPROVAL THENCE,in a m feet om void vwnt,continuing aeon�tM 0 p line of Spring Creek o Ploakway -1 + GayPN� and - tangent curve top alert, rouge a angle of 23-36'JO•,on aft distance VICINITY MAP 0.1,-, -- o1 ,Yon,1a o cM bearing cur sax N said point 9 19.sou"hW.w 34.16 e t No Scok ' COS SOLIEE TIRE,,,8 "� HURIwR,P ZONING COMu6SION DATE outof h'rneR oy so panynrleecoord.from Vve.olume 4121,P Partners. E.G.t Dee parch of CITY OF WYLIE.TEXAS le County.lyTe om p Fogs 1xn ne peed Kmer ansas tract '�Nac cT ar sa THENCE,N Ba'J 02'E.deporting a nnq Creek P wY na along '. 497.84 APPROVED FOR coxsTRucnoN a.car Southern Rml.oy tract.as distance I B.1«1 to a X '"`;� 4'32'02' s' —I Railway 1 ad. et for comer at the southeast comer o1 the said Konsos City Southern ,yr LR s ,a r. Trim iron a ys \ � � MAYOR,CI,K WYLIE TEXAS DATE THENCE.S Oi'i 9'W'W. 1492.91 feet o A 1n ced north line of State Highway i8;so T� E\ m x apaRe referenced ea et far apmer -23'36'30" \ \' t i l \ 1' 1 c ,ran s \ 1 I THENCE,N BB 29.55'W.along the above»,d north Tine of State Highway Ze,a distance R=1550.00' 1\" '\ 1 ACCEPTED of 2e2.O3 r«t to a X in n and«1 for A638.67' cos 0..& 5, \ `5,, I_1 `°rner 1-323.93' °RC.' THENCE.N 01'30'OS"E,can n,r;rq along na gdow ortn Iix of Slots Hg y 20,o Chord Bearing=N1019'28'W 1\\'t' '-,'\ 11;. 1 ' MAYOR,cltt K WYLIE.TEXAS DATE THENCE.u OW S 1pt.34 S.C.continuingnc irm,M»t NE comer, Chord Oistanee=634.16' ,/�, 1`1 '] z VIAL E a stone .ee of f eel e. thNT lOF°BEGINNIINNG and Cid ONTAINING 562.340 squony feel , `P k THE UNDERSIGNED,THE CITY SECRETARY K THE CT'K WFUE,TEXAS HEREBY CERTIFIES THAT rdt 2.9096 oc B2 �'1 HE FOREGOING P i K LOTS 2.J k.BLOCK A VICTORIA PUCE,AN AOGTIW �" -1 ' iTOODTTHE CITY OF WYLIE WAS SUBMITTED TOO THE THEN COUNCIL ON ME DAY OF NO ME COUNCIL,BY EF FRS On, EN AND THERE ACCEPSEOi11F aDEWGnSHOWN N O NNIAL DRIVE \ IeRors 6r 1 `' \ I STREETS.ALLEYS,PARKS,EASEMENTS,PUB P Es AND WATER AND EWER ES AS H wN NOW,THEREFORE.KNOW ALL MEN BY THESE PRESENTS: CENTE—_a-._—I„a,. ,,, ', \ o, TO NOTE FORTH w ANo UPON su0 PUTAND SAIDcoNCI�FURTHER ABOVE MAYOR �T 1'I ' E ACCEPTANCE THEREOF En SIGNING SUBSCRIBED. T E INVESTMENTS,L.P. ONG BY AN THROUGHUNDERSIGNED.II -_-- LY Au HORIZED AGEN`DOES HAREM ADOPTP THI ui DESIGNATI G MEHEREIN DESCREIR IBED AS IMCSS ur HWp THIS _DAY OF 2006. LOTS 2.J ,BLOCK VICTORIA PLACE,AN ADDITION 0 ME GIP'OF E,COLLIN COUNTY,TEXAS,AND W HEREBY DEDICATE TO THE PUBLICS USE ME EASEMENTS SHOVI THEREON. � I I /'„ I \ AUTHORIZED DATE I HORIZED AGENT FOR Itt S`C ARY DA F WYLIE INVESTMENTS, .ens BLOCK A i' 1 I Cm o E TEXAS aoHN C. ns '5I I} �I 11 NI to j �W STATE OF TETAS COUNTY of Datus I+ I, a SEELLING L STATE A COTTON OS THIS IN ADDITION BY MEBESAAND SOUNDS IS NOUTION OFtt ORDNANCE BEFORE ME THE UNDERSIGNED AUTHORITY,A NOTARY PUBLIC,IN AND FOR SAID COUNTY Al TV,T ICI II, 2 Tor[ C Uw AN TH OLD.°OF UnunES AND BUILDING PERMITS. D JOHN C.PAPPAS OP WYLIE mvFSTMENTS LP. D STATE. .,., KNOWN TO ME To BE °'�H'ae -I R,FAr.w, THE PERSONDAY EARNAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT I NE THAT TEY EACH EXECUTED ME SAME FOR ME PURPOSE AND CONSIDERATION THEREIN E%PE°GERESSEO. R t R s 1 Q eE.I .i, , i = vac n5o.w swu,o.n....c r. WIS OF SWINGS..MONUMENTS FOUND AND THE RECORDED PUT A OF WOODLAKE KLUGE AS UNDER MY wxp AH THIS 2W6 II- RECORDED CABINET Es 926 k GIVEN U D SEAL OF OFFICE,i easy OF Y r d -2; !. IN NOTARY PUBLIC IN AND FOR THE SATE K TEXAS yi QI �,:r w ITT + L cca;, I ,I: 11t9 0 • 3I N I II ��Im —\ RI •� I gl IJ V fa_ .,y I 1444444��� 1 II --- „\ ' - ---- I FINAL PLAT :i - - I , I � �i, � i VICTORIA PLACE _ LOTS 1.2,3&4 • 5 S h 'I I BLOCKS A POINT OF 'CII i�i eu2 Ia13 AN ADDITION TO THE BEGINNING I.I'n. 'll P`n, CITY OF WYLIE,TEXAS FRANCISCO De La PIMA SURVEY,ABSTRACT N0.688 . ea-ele KII -� �rR .e R T I I _ _—_ I COIGN COUNTY,TEXAS r 6P /S,„ Ia aJLR.E<6ncR�=r ZONED C-C - OWNER '°"" N8 29'S5"W 282.03' Wylie Investments,L.P. Soy WEST PARK BLVD. STATE HIGHWAY 78 SUITE 306-244 N88'31'13"W PIANO,TEXAS 75093 82.36' PREPARED SEPTEMBER 2006 BY N1' Dromrner&Associates,Inc. 136'01.BS'5"E 9202 Mark..Or. LLAS,TEXAS 75243 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: January 9, 2007 Item Number: E Department: Parks and Recreation (City Secretary's Use Only) Prepared By: Robert Diaz Account Code: Date Prepared: December 19, 2006 Budgeted Amount: Exhibits: 2 Subject Consider, and act upon, Resolution No. 2007-02(R) authorizing the City Manager to enter into an agreement, in the amount of$74,650.00, with Stewart Schwensen Productions for entertainment/staging for the 2007 summer concerts, Wylie Independence Day Celebration and Fall Concert-Wylie Chamber of Commerce Rodeo. Recommendation Motion to approve Resolution No. 2007-02(R) authorizing the City Manager to enter into an agreement with Stewart Schwensen Productions for $74,650.00 for entertainment/staging for the 2007 summer concerts, Wylie Independence Day Celebration and Fall Concert-Wylie Chamber of Commerce Rodeo. Discussion The approved FY 2006-07 Recreation budget contains funds for continuation of the summer concerts, Wylie Independence Day Celebration, and Fall Concert-Wylie Chamber of Commerce Rodeo. Staff has worked with Stewart Schwensen Productions on the concert series schedule and locations as shown below. Improvements to the series will be adding the Public Safety Expo with the Wylie Independence Day event and a new event such as a local Wylie talent program has been added. Pepperhead Pyrotechnics will again be the vendor for the fireworks display at the Wylie Independence Day event. The City Attorney has reviewed the agreement and their opinion is included in the agreement. The schedule below is a final schedule, but the times and events are subject to change. Summer 2007 Concert Schedule Thursday,June 7 Professor D 70's and pop Community Park Thursday,June 14 Wylie Talent Night Mix Community Park Thursday,June 21 Joey Love and Blues Express Blues Community Park Saturday,June 30 Erica Jo and Eric Church County Founders Park(Wylie Independence Day) Friday,July 13 Chris Rivers Band Country Downtown—Wylie Street Dance Friday,July 20 Friday night movie Community Park Friday,July 27 Beatlegras Oldies/Folk Community Park Friday, September 14 or 15 Keith Mitchell Band Country Wylie ISD Rodeo Arena Approved By Initial Date Department Director MS 12/19/06 City Manager 1 /3 /c77 Page 1 of 1 RESOLUTION NO. 2007-02(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS, TO EXECUTE AN AGREEMENT IN AN AMOUNT NOT TO EXCEED $74,650.00 BETWEEN THE CITY OF WYLIE, TEXAS AND STEWART SCHWENSEN PRODUCTIONS TO PROVIDE ENTERTAINMENT AND STAGING SERVICES FOR THE 2007 SUMMER CONCERTS, WYLIE INDEPENDENCE DAY CELEBRATION AND FALL CONCERT-WYLIE CHAMBER OF COMMERCE RODEO. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Manager of the City of Wylie, Texas, is hereby authorized to execute, on behalf of the City Council of the City of Wylie, Texas, an agreement in an amount not to exceed $74,650.00 between the City of Wylie, Texas, and Stewart Schwensen Productions to provide entertainment and staging (i.e. stage/lights/sound technician) for the 2007 summer concert series, Wylie Independence Day celebration and fall concert-Wylie Chamber of Commerce Rodeo. SECTION 2: This Resolution shall take effect immediately upon its passage. DULY PASSED AND APPROVED this the 9th day of January, 2007. JOHN MONDY, Mayor ATTEST TO: CAROLE EHRLICH, City Secretary Resolution No. 2007-02(R) 2007 Summer Concert Series, Independence Day Fall Concert-Wylie Chamber of Commerce Rodeo 504 RIVIERA DRIVE (972)529-1336 MCKINNEY,TX 75070 STEWARTAGENT@YAHOO.COM Stewart Schwensen Productions, LLC ENTERTAINMENT AGREEMENT Agreement made this 15TH day of DECEMBER 2006 between STEWART SCHWENSEN PRODUCTIONS,LLC(hereinafter called Artist)and CITY OF WYLIE, TEXAS (hereinafter called Purchaser). IT IS MUTUALLY AGREED BETWEEN THE PARTIES THAT I. NAME AND ADDRESS OF ENGAGEMENT: COMMUNITY PARK 6/7/07,6/14/07,6/21/07,7/20/07&7/27/07,TBA 9/7 OR 9/8/07 FOUNDERS PARK 6/30/07,DOWTOWN BUSINESS DISTRICT 7/13/07 WYLIE,TEXAS 2.DATE OF ENGAGEMENT: JUNE 7,2007 (THURSDAY) PROFESSOR D JUNE 14,2007 (THURSDAY) PRODUCTION ONLY JUNE 21,2007 (THURSDAY JOEY LOVE BAND INDEPENDENCE DAY CELEBRATION JUNE 30,2007 (SATURDAY) ERIKA JO&ERIC CHURCH PEPPERHEAD PYROTECHNICS(15-MINUTE DISPLAY) JULY 13,2007 (FRIDAY) CHRIS RIVERS BAND JULY 20,2007 (FRIDAY) MOVIE NIGHT JULY 27,2007 (FRIDAY) BEATLEGRAS SEPTEMBER 7 OR 8,2007 KEITH MITCHELL BAND 3.TYPE OF ENGAGEMENT SPRING/SUMMER CONCERT SERIES 4. HOURS: 7:30PM-9:30PM ON EACH DATE ABOVE UNLESS NOTED OTHERWISE. 5. PRICE AGREED UPON: $74,650.00 6.PURCHASER TO MAKE PAYMENTS AS FOLLOWS: $60,650.00 DEPOSIT PAYABLE TO STEWART SCHWENSEN PRODUCTIONS,LLC TO BE RETURNED ALONG WITH SIGNED CONTRACT ON OR BEFORE JANUARY 16,2007. (EIN 20-1333768). $1,500.00 PAYABLE TO SCOTT WHITE JUNE 7,2007(SS#499-84-2919). $750.00 PAYABLE TO JOE LEVINE JUNE 21,2007(SS#192-50-6075). $6,750.00 PAYABLE TO PEPPERHEAD PYROTECHNICS JUNE 30,2007. $1,500.00 PAYABLE TO CHRIS RIVERS JULY 13,2007(SS#436-49-2271). $2,000.00 PAYABLE TO BEATLEGRAS(FED TAX ID#33-1142705). $1,500.00 B.KEITH MITCHELL SEPTEMBER 7 OR 8,2007(SS#457-94- 9352). 7. Artist shall at all times have complete supervision,direction and control over the services of its personnel on this engagement and expressly reserves the right to control the manner,means and details of the performance of services,as well as the ends to be accomplished. 8. It is understood that the Artist executes this agreement as an independent contractor and is not an employee of Purchaser. It shall be the responsibility of Artist to withhold and pay over to government authorities any and all income taxes and social security contributions which may be required to be withheld from the musician's fees. 9. It is understood and agreed that Purchaser will not be liable for any loss or damage to any equipment belonging to Artist while such equipment is on the premises of the Purchaser. 10.SPECIAL PROVISIONS PURCHASER TO PROVIDE ADEQUATE POWER SUPPLY ALL ARTISTS TO BE PAID IN FULL ON EACH CONTRACTED DATE REGARDLESS OF WEATHER CONDITIONS"RAIN OR SHINE" ARTIST TO PROVIDE COVERED STAGING,SOUND&LIGHTS FOR EACH ABOVE PERFORMANCE. ARTIST TO PROVIDE EQUIPMENT FOR MOVIE NIGHT ALSO SEE MISCELLANEOUS PROVISIONS 11. AGENT PROVISIONS: B. The percentage of commission included in the gross price of this engagement is N/A.Commission shall be held in trust by leader as fiduciary and forwarded to agent within 5 days of receipt,or 1)the agent has the authority to cancel the following engagement,or 2)at the request of agent,present purchaser is authorized to withhold from leader any commissions due STEWART SCHWENSEN PRODUCTIONS. Delinquent commission shall accrue interest at 1%per month,and if litigation is necessary for collection,attorneys fees shall be paid by debtor,unless prohibited by applicable local law. C.If leader or key personnel of this musical group,is re-booked into this or any establishment represented by the purchaser(including chain buyers of music)within 2 yrs from the termination of this agreement,Purchaser and Leader shall be jointly and severally liable for payment to STEWART SCHWENSEN PRODUCTIONS for commission in the rate set forth in this engagement. 12. UNION PROVISIONS: Artists agreed to insure that members of unions or guilds,which may include the leader and members of this unit,agree to accept sole responsibility for complying with the rules and regulations of said unions or guilds of which they may be members,Agent does not represent that artist is affiliated with any musician's union. ARBITRATION OF CONTROVERSIES Any controversies over the terms or conditions of this agreement will be submitted to a civil court or the office of the American Arbitration Association or Canadian equivalent in Collin County,Texas,and decision accepted as non-binding on all parties concerned. If decision involves a monetary payment which is not paid in 30 days, collection or attorney fees shall be paid by debtor. This agreement shall be construed under and in accordance with the laws of the State of Texas and is specifically performable in Collin County,Texas. The parties agree that Purchaser has not waived its sovereign immunity by enterting into and performing its obligations under this agreement. 14. The recording,reproduction,or transmission of Artist's performance is prohibited absent written cons t o Artist d his t io 15. We acknowledge and confirm that we have read and approve the terms and conditions set forth Signature Signature Purchaser CITY OF WYLIE,TEXAS Leader STE ART SCHWENSEN PRODUCTIONS,LLC Address 2000 HIGHWAY 78 NORTH Address 504 RIVIERA DRIVE City/State WYLIE,TX 75098 City/State MCKINNEY,TX 75070 COMMENCEMENT OF ENGAGEMENT TOGETHER WITH PHYSICAL DELIVERY OF THIS CONTRACT IS DEEMED TO BE AN ACCEPTANCE OF ALL TERMS BY THE PURCHASER PLEASE SIGN CONTRACT-KEEP(1)COPY FOR YOUR FILES AND RETURN(I)COPY TO STEWART SCHWENSEN PRODUCTIONS Miscellaneous Provisions. a) Notice. Any notice required to be sent under this Agreement must be in writing and may be served by depositing same in the United States Mail, addressed to the party to be notified, postage pre-paid and registered or certified with return receipt requested, or by delivering the same in person to such party via a hand-delivery service, Federal Express or any courier service that provides a return receipt showing the date of actual delivery of same to the addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notice, the addresses of the parties shall be as follows: If to ` I �" , to: a�v; (� t� -vPc ili`K-,r►,ec , — 7507 crti (Niue If to a r'c/1.4.s to: 141,n d Man 56,t, Cf �h ✓�ana5er ,2boo1.4w cl - Is. Al r41,. .�5©57 b) Entire Agreement. This A Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties hereto. c) Venue. This Agreement shall be construed in accordance with the laws of the State of Texas and shall be performable in Collin County,Texas. d) Consideration. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. e) Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. f) Authority to Execute. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. 462276-I g) Savings/Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid., illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. h) Representations. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. i) Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. j) Sovereign Immunity. The parties agree that no party has waived its sovereign immunity by entering into and performing their respective obligations under this Agreement. k) Assignment. This Agreement or any part thereof shall not be assigned or transferred by any party without the prior written consent of the other party. 462276-1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: January 9, 2007 Item Number: F Department: Fire-Rescue (City Secretary's Use Only) Prepared By: Capt. Steve Seddig Account Code: 56040 Date Prepared: 12/21/06 Budgeted Amount: $7,500.00 Exhibits: 2 Subject Consider, and act upon, Resolution No. 2007-03(R) authorizing the City Manager to execute a contract, in the amount of$7,500.00, between BBC Research & Consulting and the City of Wylie for consulting services to provide an economic study for "Fire Development Fees". Recommendation A motion to approve Resolution No. 2007-03(R) authorizing the City Manager to execute a contract, in the amount of$7,500.00, between BBC Research & Consulting and the City of Wylie for consulting services to provide an economic study for"Fire Development Fees". Discussion The City of Wylie's ability to provide fire protection at a minimum standard is directly affected by rapid growth and development. By conducting an economic study of current fire department service levels and associated capital, a cost can accurately be associated with maintaining these service levels. This cost can then be addressed by a "Fire Development Fee" which would then provide a portion of the capital for these service expenditures. • The City of Wylie's economic growth places responsibility on the municipality to maintain fire protection service levels. • Fire development fees would benefit the City of Wylie by obtaining a portion of fire capital expenditure money needed to maintain service levels when experiencing large increases in growth and population. Based on Texas Municipal League (TML) Resolution Committee comments in reference to a City of Wylie Resolution to include Fire Impact Fees on October 25, 2005, TML advised that legislation currently allows Home Rule Cities like Wylie the ability to enact such fees to address development and capital expenditures to maintain services. Specific case law: See City of College Station v. Turtle Rock Corp.,(Tex.1984) Approved By Initial Date Department Director SS 12/26/06 City Manager 4 (q Ivj Page 1 of 1 RESOLUTION NO. 2007-03(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS, TO EXECUTE A CONTRACT IN THE AMOUNT OF $7,500.00 BETWEEN THE CITY OF WYLIE, TEXAS AND BBC RESEARCH & CONSULTING FOR CONSULTING SERVICES TO PROVIDE AN ECONOMIC STUDY FOR FIRE DEVELOPMENT FEES. WHEREAS, the City of Wylie has deemed the necessity of an Economic Study for Fire Development Fees; and WHEREAS, an Economic Study will provide estimations per unit fire capital costs associated with new residential and commercial/industrial growth; and WHEREAS, the study will address the feasibility of Fire Development Fees which may be beneficial to the City of Wylie by obtaining a portion of fire capital expenditure money needed to maintain service levels when experiencing large increased in growth and population; and WHEREAS, such a study will also provide data for the City of Wylie to explore other non-development fee options for recovering growth-related capital costs from new development; and WHEREAS, BBC Research & Consulting (BBC) has completed over 30 development fee studies for cities, towns, counties and districts including 14 fire departments and fire districts. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Manager of the City of Wylie, Texas, is hereby authorized to execute, on behalf of the City Council of the City of Wylie, Texas, a contract for consulting services between the City of Wylie, Texas, and BBC Research and Consulting. SECTION 2: This Resolution shall take effect immediately upon its passage. Resolution 2007-03(R) Economic Study for Fire Development Fees DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas this 9th day of January, 2007. JOHN MONDY, Mayor ATTEST TO: CAROLE EHRLICH, City Secretary Resolution 2007-03(R) Economic Study for Fire Development Fees Page 1 January 2,2007 Attention: Captain Steve Seddig Fire Marshal Wylie Fire Department 801A South Highway 78,Suite 204 Wylie,Texas Re: Fire Capital Cost Recovery Proposal Dear Captain Seddig: Pursuant to our telephone conversations,this letter contains a proposal by BBC Research& Consulting(BBC)to perform a Fire Capital Cost Recovery Study for the Wylie Fire Department. As we have discussed, Section 395 of the Texas Local Government code does not appear to specifically authorize municipalities to collect fire development fees. However,it is still possible for Wylie to conduct a development fee-type analysis(this proposal)for the purposes of estimating per unit fire capital costs associated with new residential and commercial/industrial growth. With this data in hand,Wylie could then explore other non-development fee options for recovering growth-related capital costs from new development. Desirable Qualifications We believe that BBC offers several desirable qualifications for Wylie: • Previous experience in preparing capital cost recovery studies.As demonstrated later in this proposal,we have completed over 30 development fee studies for cities,towns, counties and districts in several states including 14 fire departments and fire districts. • Previous experience working in North Central Texas. We are currently conducting HUD housing and community development studies for the City of Arlington and the City of Plano. For the Schwan Food Company,we are assisting in economic development negotiations with the City of Denton, City of Fort Worth, City of Waxahachie and City of Rockwall. Last year,we completed a HUD housing and community development study for the City of McKinney,and a strategic plan for the re-use of Fair Park for the City of Dallas. Earlier,we analyzed and streamlined government procurement practices for the Forth Worth Transit Administration, Tarrant County and the Dallas/Fort Worth Airport. • Ability to meet critical timelines. Every development fee study we have completed has been on-time and within budget. We encourage you to closely check the references included herein. Page 2 • References.We have included eight development fee references along with a fire development fee study we have completed for the Bennett,Colorado Fire Protection District.You have already reviewed our fire development fee study for the City of Evans.We would be happy to provide additional contacts and work samples. • Experience defending our firm's development fee analysis against legal challenge. Our development fees have never been legally challenged. Proposal Organization The balance of this proposal includes: • A description of our project team and each team members role in the study; • A discussion of Texas development fee law; • A proposed scope of work for Wylie; • A reference list of past development fee clients; • Our qualifications to perform this study; • Our administrative plan including schedule and budget for this study; and • Resumes for key personnel. We would be pleased to give a"Capital Cost Recovery 101"presentation to your City Council if you think it would be appropriate. Texas Development fee Law We believe that the development fee study methodology we have successfully employed in four other states(Arizona,Colorado,Idaho and Utah)is fully consistent with the relevant Texas State Statutes as it applies to the specifically identified fee categories in Section 395. It includes: • Analysis of current infrastructure service standards and identification of the growth- related portion of City infrastructure plans; • Preparation of a Capital Improvements Plan(CIP; • Forecast of residential and commercial growth; • Analysis of cash flow stemming from development fees and other infrastructure financing sources(i.e.,bonded indebtedness, special districts,General Fund contributions); and • Implementation recommendations including development fee credits,how fee revenues should be accounted for,and how the fees should be updated over time. Page 3 Scope of Work We will calculate capital cost recovery fees to support the cost of growth-related fire infrastructure in Wylie. We propose the following five tasks that we have used successfully to calculate development fees for other fire department and fire protection districts. Task I. Project initiation • Task I-1.Contract execution. • Task 1-2.Formalize schedule,development community and public input process. Task II. Analysis of current conditions,current financing systems,infrastructure requirements and new system options • Task II-1.Collect and review available data on current service levels for use in providing an introduction to service delivery issues and for developing infrastructure expansion cost estimates and service delivery standards. • Task 11-2.Review and evaluate current long-term capital financing systems. • Task 11-3.Analyze Wylie's current debt financing systems and document extent of current indebtedness;identify infrastructure that has been acquired with borrowed funds. • Task 11-4.Review and evaluate Wylie's long-term infrastructure requirements as defined in the most recent Fire CIP recognizing the three sources of infrastructure demand: repair/replacement of existing facilities,betterment of City service standards,institution of new services, and expansion of facilities for new development. If a Master Plan-based CIP does not exist or is not current,we will work with staff to develop one based on infrastructure cost estimates,and our service standard"rules of thumb"gleaned from past studies. Task Ill. Analysis of current and future land use • Task III-I.Collect data on current land use patterns in Wylie,including the acreage and square footage of different types of uses and the numbers and types of housing units. • Task III-2.Evaluate any existing projections or development trends,including population projections that indicate current direction of development in terms of physical locale and types of land use development. • Task III-3.Based on the above information,generate calculations documenting current development in Wylie and forecast of future development over the next 20 years. Page 4 Task IV. Calculation of preliminary capital cost recovery fees • Task IV-1.Calculate preliminary fees. This will include the following steps: > Quantify capital costs(data from Task III) > Quantify unit costs(data from Task III to derive$/unit or$/sq.ft.) > Determine land to development conversion ratios > Calculate revenue credits(bonded indebtedness)if appropriate > Prepare fee schedules and spreadsheets > Define benefit areas if appropriate > Develop a preliminary fee schedule • Task IV-2. Develop a plan for implementation and administration of proposed capital cost recovery fees including"credit"procedures. Task V.Fee system final design and documentation • Task V-1.Final fee development. > Review and finalize fees > Review and finalize the fee implementation and administration recommendations including"credit"procedures > Submit a draft report > Review with Fire Department staff > Final report(10 hard copies plus an electronic version) > Provide examples of municipal enabling ordinances to City legal staff • Task V-2.Prepare cash flow analysis based on final fee schedule and Wylie growth projections. • Task V-3. Development of"Update Procedures Memo"including how"credits" applied against capital costs should be handled over time. • Task V4.Presentation to City Council. During the course of this scope of work,we will make two trips to Wylie to conduct:project initiation and data collection(Tasks 1-3)and City Council presentation of final fee system and review of update procedures with City staff(Task 5). Key Personnel I will manage this project and serve as your day-to-day contact. I am a 15-year veteran and Page 5 Managing Director of BBC,and oversee the firm's housing and public finance practices. I have managed all of BBC's recent capital cost recovery and development fee work. The latter includes 14 fire development fee studies in Draper,Utah; Salt Lake City,Utah; Chandler,Arizona; Gilbert,Arizona; Fountain Hills,Arizona;Black Hawk,Colorado;Edgewater, Colorado;Evans,Colorado; Loveland,Colorado;and the Bennett,Elbert,Kiowa, Rattlesnake and Strasburg Fire Protection Districts. In addition to my work designing capital cost recovery fee systems,I have experience in a wide range of public finance areas,including fiscal impact analysis,tax increment financing,financial strategy and others. My resume is appended to this proposal. References BBC has used similar methodologies to the one described above in a number of past development fee projects across the Western United States. I encourage you to contact our references regarding the quality,thoroughness and timeliness of our work. BBC Clientele Ms.Cindy Gust-Jenson BBC worked closely with Ms. Gust-Jenson and her staff Executive Council Director during all of our assignments for Salt Lake City Office of the City Council including a development fee study. 451 S. State Street,#304 Salt Lake City,UT 84111 (801)535-6209 Mr. Eric Keck Mr. Keck was BBC's primary contact during Deputy City Manager development fee design for the City of Draper. 12441 South, 900 East Draper,UT 84020 (801)576-6510 Mr. Steve Hasson BBC recently prepared a development fee study for the City of Caldwell City. 621 Cleveland Boulevard Caldwell,ID 83605 (201)455-3021 Mr.Joe Racine BBC prepared General Fund development fees for the Town of Timnath Town of Timnath. 4100 Main Street Timnath,CO 80547 (303)903-2644 Page 6 BBC Clientele(continued) Mr. Mike Hart We have worked with Loveland on developing and Finance Director updating General Fund development fees five times City of Loveland since 1983. 500 East Third,Civic Center Loveland, CO 80537 (970)962-2301 Mr. Brad Hill BBC recently updated the original fire development fees General Counsel we prepared for the district. Mr. Hill also serves as Strasburg Fire Protection District#8 Town Attorney for Bennett,Colorado in which BBC 950 South Cherry St., Suite 620 completed a development fee study for parks and Denver,CO 80240 recreation,streets,and police. (303)369-5510 Ms. Beth Huning BBC recently updated the city's General Fund fees for City Engineer the third time since 1990. City of Chandler 215 East Buffalo Street Chandler,AZ 85225 (480)782-3336 Ms.Kathleen Morse BBC has prepared development fees,multiple fiscal Finance Director impact analyses and a variety of other financial analyses. Town of Parker 20120 E.Main St. Parker,CO 80134 (303)841-0353 Comparable Projects BBC has a wide range of experience conducting capital cost recovery fee design and other public finance projects. Since being awarded an American Planning Association award for a comprehensive fee system developed for Loveland, Colorado in 1983,BBC has designed development fee systems throughout the West. In addition,our work with municipalities and local governments has given us broad experience with methods of addressing the service demands imposed by new growth. Our research and consulting experience encompasses fiscal impact studies,water rate studies,tax increment financing,special district creation and other public finance tools. Selected project descriptions are listed below, and additional descriptions and references can be provided upon request. Page 7 Capital cost recovery. BBC's fee design methodology provides local governments with legally sound fees that produce sufficient revenues to recover the infrastructure costs imposed by new growth. Recent work has taken place in Arizona,Colorado,Idaho and Utah,and our staff is intimately familiar with the development fee statutes in each of those states. • City of Salt Lake City,Utah. Consistent with the requirements of Utah legislation,BBC was a key part of the team that developed a development fee system for the City that covered the costs of needed park and recreation, fire,police and street infrastructure. The project team worked closely with the City in identifying appropriate infrastructure costs to be recovered by the fees and in designing an equitable fee structure. In addition to designing the fee structure,BBC worked closely with City staff to create a development fee ordinance. • City of Draper,Utah. BBC designed a fee system for the City that encompassed law enforcement,transportation and parks and recreation fees. This fee system assessed growth related service demands from a number of perspectives and accounted for the impacts of a major new development taking place in the southern part of the City. • City of Chandler,Arizona. BBC conducted a comprehensive review of the City of Chandler's building fee structure to determine if growth paid its own way. Subsequently,we designed a development fee system for long-term infrastructure expansion in the following categories: streets,recreation,parks,libraries,and general government facilities. • Town of Gilbert,Arizona. BBC designed development fees for police,fire,parks and recreation,general government and traffic signals. • Town of Fountain Hills,Arizona. BBC developed a comprehensive development fee system for the Town of Fountain Hills that included fees for streets,parks,open space,general government and the Town Marshall. In addition,BBC reviewed the Town's library infrastructure and concluded that a library development fee was not warranted at the time of the study. • City of Loveland,Colorado. BBC's development fee work for the City of Loveland was recognized nationwide. BBC's cost recovery system developed for the City of Loveland was awarded first place by the American Planning Association as the year's most innovative new planning tool in the United States. BBC recently revised Loveland's cost recovery system and designed a development fee credit based on new retail sales attracted to the City by new development. • Town of Parker,Colorado. BBC developed a comprehensive development fee system for the Town of Parker that included streets,parks,police and general government facilities. Page 8 • City of Boulder,Colorado. BBC completed a service cost recovery study for the City of Boulder. This research effort was designed to assess the costs and benefits of municipal growth and develop an equitable fee system for cost recovery. The system received national recognition as one of the most effective and well- documented systems of its type in the nation. The above list represents selected recent clients only. However,BBC has developed fees for numerous other local governments,including the City of Evans,Elbert County and the Towns of Bennett,Black Hawk,Carbondale,Edgewater,Kiowa, Strasburg,Timnath,and Mount Crested Butte,Colorado. Fiscal impact and other public finance research. In addition to development fee design,BBC has conducted a wide range of public finance research and has experience with numerous growth related financing tools. A selected list of recent projects is provided below. • City of Casa Grande,Arizona water fee study. For the City of Casa Grande,BBC performed a number of studies related to the financial condition of its water system,including a valuation study of a small system the City wished to purchase and an assessment of the current water rates imposed by the City's water provider. • Town of Parker,Colorado fiscal studies. BBC has conducted multiple public finance studies for the Town of Parker,including development of a fiscal impact model assessing the operating costs and revenues related to new growth,design of deficit reduction fees that recover any operating deficits imposed by new growth and evaluation of an estimated sales tax incentive agreement negotiated by the Town and a potential developer. • Canyon Forest Village,Arizona fiscal and economic impact study. For the City of Flagstaff, Town of Williams and Coconino County,BBC estimated the potential economic and fiscal damage due to a shift in Grand Canyon visitors to the proposed south rim Canyon Forest Village master plan development. • Town of Jackson,Wyoming business license fee. For the Town of Jackson,BBC developed a revised business license fee system. This system was designed to simplify the fee structure and to more closely relate fee revenues to the services supported by those revenues. The new system was developed in close coordination with Town staff and was approved and implemented by the Town Council. • Greenwood Village,Colorado water and sewer. For a neighborhood in the City of Greenwood Village,BBC developed special improvement district(SID) fees to pay for the installation of water and sewer infrastructure. The fees designed by BBC allocate the costs of various portions of the necessary infrastructure to the parcels that will be benefited by that infrastructure. Page 9 • Greenwood Village,Colorado telecommunications. BBC was retained by the City of Greenwood Village to design a fee for the use of the City's right of way by telecommunications providers. In accordance with state and federal law,the fee calculates the impacts of such usage on City services and allocates the cost of that usage to telecommunications providers. For approximately 30 clients annually,BBC prepares fiscal impact studies evaluating the likely public costs and revenues imposed by proposed new developments. BBC develops both flexible models that can be used by municipal planning departments and one-time studies for private developers,allowing for a thorough understanding of public and private perspectives on new growth. Proposed Schedule Our extensive capital cost recovery experience in the Western United States will allow us to complete this study for Wylie rather quickly. As a national firm,BBC Research&Consulting(BBC)has the capacity to devote significant research,analysis and production resources to the proposed project.We can begin immediately upon your notice to proceed. All tasks outlined in this proposal can be completed within approximately five business weeks of project initiation. Proposed Budget Our extensive capital cost recovery experience will allow us to complete this study for a fixed fee of$7,500 including all professional time and travel expenses. It is important to remember that our contract cost can be included in the fee calculations so that the City can recover the expense quickly. While large amounts of staff time will not be needed,timely staff involvement will be necessary to adhere to the schedule provided above. Specifically staff input is needed in three areas: • Attendance at meetings with the study team to facilitate project management; • Participation in data collection,particularly in tasks two and three;and ■ Review of draft and final fees to ensure accurate interpretations of local government data. Page 10 Captain Seddig,thank you for the opportunity to propose this Fire Capital Cost Recovery Study for the Wylie Fire Department. Please feel free to call me toll-free at 800-748-3222,extension 236 with any questions or comments regarding this proposal. Sincerely, Thomas A. Pippin Managing Director Approved Signature Representing Date Page 11 Thomas A. Pippin Mr. Pippin,a Managing Director of BBC Research and Consulting,has been with the firm since 1990. He conducts public policy and socioeconomic research with an emphasis on public finance,housing,and community and economic development issues. He also advises municipalities on the fiscal impacts of development. He has spoken to a variety of industry groups including the National Association of Housing and Redevelopment Officials,National Council of State Housing Agencies,Rocky Mountain Land Use Institute,American Planning Association and Colorado Government Finance Officers Association. Pippin served as a"Public Private Initiatives Judge"on Colorado Governor Roy Romer's Smart Growth Awards Panel. He is currently on the Board of the Colorado Foundation for Families and Children. Relevant Project Experience • For the Bennett, Elbert,Kiowa,Rattlesnake and Strasburg(Colorado)Fire Protection Districts,calculated development fees for fire and emergency services. Suggested a way for all three districts to structure fee collections with either Adams,Arapahoe or Elbert County through an intergovernmental agreement. • For the City of Draper,Utah,designed a fee system that encompassed law enforcement, transportation and parks and recreation fees. This fee system assessed growth related service demands from a number of perspectives and accounted for the impacts of a major new development taking place in the southern part of the City. • For the City of Salt Lake City,Utah,assisted in the preparation of development fees for streets,public safety and parks and recreation. Presented research findings to City Council. • For Elbert County,Colorado—one of the nation's five fastest growing counties—prepared General Fund development fees including parks and recreation,sheriff and general government. • For the Town of Timnath,Colorado completed a comprehensive General Fund Development fee Study and Fiscal Impact Analysis. • For the resort Town of Carbondale,Colorado prepared police, street,parks and public buildings development fees. • For the City of Gilbert,Arizona,calculated development fees for public safety and parks and recreation. Facilitated meetings with citizens and developers to discuss proposed fees. Page 12 Thomas A. Pippin, Continued • For the City of Chandler,Arizona,designed development fees for streets,public facilities, libraries,police, fire and parks and recreation. Updated fees two years later to reflect changes in infrastructure value and debt service. • For the Town of Parker,Colorado,determined development fees for streets,parks and recreation,police and government buildings. Periodically conducts special,project-specific development fee analyses for distinctive land uses such as driving ranges,nurseries and churches. • For the City of Loveland,designed comprehensive development fees in support of the city's new Adequate Community Facilities ordinance. Represented findings at multiple public hearings and development community workshops. • For the City of Black Hawk,Colorado,designed police and fire development fees. Fees were designed to mesh with surplus gaming device revenue that was escrowed for growth- related capital improvements. • For the Town of Kiowa,prepared General Fund development fees including parks and recreation,police and general government. • For the Town of Larkspur,Colorado developed both development fees and customer rates for water and sewer service. • For the City of Thornton,Colorado,reviewed building community's opinions of off-site exactions mandated in the subdivision regulations. • For a coalition of contiguous local governments,critiqued the Orange County,California Regional Airport Authority's plans to finance airport expansion-related infrastructure with development fees. • For Mission Viejo Corporation,the master developer of Highlands Ranch,Colorado, assessed the feasibility of Douglas County imposing development fees to pay for Highlands Ranch-related infrastructure. • For the Denver Urban Drainage and Flood Control District,evaluated the feasibility of using multi jurisdictional development fees to pay for$70 million of infrastructure designed to contain contaminated groundwater on the Rocky Mountain Arsenal. • For the Bennett(Colorado)Rural School District,assisted in the calculation of school development fees designed to pay for the construction of new school facilities to serve growth stemming from Bennett's proximity to Denver International Airport. Page 13 Thomas A. Pippin, Continued • For the Edgewater Urban Renewal Authority,calculated development fees for police and fire facilities supporting development within the urban renewal area. Suggested a reimbursement mechanism whereby the Authority could hold the city harmless from new growth. Education M.P.Aff.,Lyndon B. Johnson School of Public Affairs,The University of Texas at Austin, 1990, Highest Honors. B.A.,Political Science/Economics,Trinity University, 1988, Summa Cum Laude. Wylie City Council CIT_Mt Y OF WYLIE AGENDA REPORT Meeting Date: December 12, 2006 Item Number: G Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: Date Prepared: 12/04/06 Budgeted Amount: Exhibits: Five Subject Consider, and act upon, authorizing the Mayor to executive a Warranty Deed, in the amount of$171,810.00, from Alanis Crossing, Ltd. for purchase of the right of way for Alanis Drive from Twin Lakes Drive to FM 544. Recommendation Motion to authorize the Mayor to executive a Warranty Deed from Alanis Crossing, Ltd. for purchase of the right of way for Alanis Drive in the amount of$171,810.00. Discussion On September 26, 2006 Council approved a development agreement with Skorburg Company for the development of the Alanis Crossing property. The agreement outlines the reimbursement by the City for the right of way and construction of Alanis Drive from the existing Twin Lakes subdivision to FM 544. The agreement specifies a purchase price of the lesser of$30,000 per acre or an amount based on an appraisal of the property (appraisal summary attached). The agreement also requires the developer to pay a Thoroughfare Impact Fee. The Alanis project was funded in the 2005 Bond Program and included $2,600,000 for the engineering,right of way purchase and construction. The funds committed to date are as follows: Task Fee Engineering $105,000 Right of Way Purchase $171,810 Estimated Construction Cost $1,045,000 TOTAL $1,321,810 Approved By Initial Date Department Director CH 12/04/06 City Manager I► f�` / I?, I D Page 1 of 1 1, ,. ,' �1I ' S0 �00.iOCJ^ 'I aso , s: III ,_wE « � z ffi, Y8 Y "y�R \-‘,'" '" y 6v. it "E.$ Y .g w»«s yy S3 I �` a^. ow8 .3 ' °�'g 1? S J�` 1, . .,.� s, � o .W H ccK ��e�a � I Yi \ a. \ ,V o W m I as oq4 s 4 5.'0 1 0�o ;% ,a.--""' , 1j \\ ' .: a tl,•n a" ,., as ,ea rs I, ' a!°j r �,._i �rte cirE f e�'05, `9 pOa15 M m v l V 'ti �' --N90°oa0a"E IC:it:t �11 } y- A � °"° 1q 67 46 85 313 0,' {1`—.' -f-""• 5693 � n\ 1 1 __ �0000 _ \V1›.1 i '" '�' s "—pP4l EVEV » 6„w�,"c ,n°.c- ____ pE CNVs. ,N -^✓ a00..w '`-jy,\ ea„�. waa,, 13 ,,,,w. ,9,.: ' I 3929'0 �% \ s'`' ey 1 11 a'"''" ' '''' •w �.. e . TT {i} �1 -j R.5�5 803 07rwrI ,r 9 js`a. 51 ,«,«a SM„ co, �, III - ' - `hI CB .56i 75 f a,sec aw ,p,..� :':''' II �.➢ CD s?p ��m ieoe'°"" wu « l ����_ �� ro¢9. .�%, 11 irvcc souVa a c'oaviwi°'as �s'tr,.� � l ° �11 s7a .ao•48'05" a cn.c�ir° I II -1t, 0 g10.00 1 O CEa��G SC Hags Cruae✓'Q mY su9�t���o ��o�.n I / R_30�82' a "°` svav[voas aaee on in.s'°a°", �eam's ° i L.57 fi9.40'i7"E 639?' 1 So�, n. NO ° . f 0:56T.;C N89 55'4t E - t xe v' 2aos „a�n l i 1 E ��w`�-�.` c0 1 _o e"`,m. j 7 6-4e. ,7° r -,4 l i — {-� . 1 esw.c.me 1 � oa \ AL ANIS 40'48'� t %G ,�b�I .910.W' I ti 1 131 F � aa��aO s R.338.45 atiy 1 e 1 -'!I ro a `, e`'`�, E 6N69'40'17WI ,„0,,, ros 1 � csE CB .634 42' °.9°,ee 1 'y` µaa%S 00 `^� � I} i. � n j 1 , Gq \ . - l'' \ 5Y 1 ae �__ -- �� wes�-0 5.�2� AGR F AesTRA�� "' gUR Y. 1 e ��� - _-�_----��-- o � gSTER9ERRY VE - ---'�� pLLEN '" IE ,1"—��T.'._- CISY OF NTY�SEx p`' I LLIN GDU a°a"'c >�co CG 46P�jNEERING.ING. I ,1I ,mics. n w"cuss oiawsE crow pRWM ENG su i�E ` ♦0� �W:*"''' 1`�5 SEi OPS KL�OQ5. �ayE LLy E% K'xiWx p°""s i p GONE j "µ P�tbG MFM OB£a 20C� a�.0�° F ppwfR�a .p aOwEA e�a15 PfSEnvE9 0 afM"s i°i eA a00K°��� I aMa k 1 g0wac5'7�PWfa' itc Mna afG0aDs51Y0 R� iM kCviSEf, .,�vSMtlEa �1r` 5 1�gEa���5��E��Ni�MEy Mq�95��E I epg5co "Notice of Confidentiality rights: If you are a Natural Person,you may remove or strike any of the following information from this instrument before it is filed for record in the Public Records: Your Social Security Number or your Drivers' License Number." AFTER RECORDING,RETURN TO: City Manager City of Wylie,Texas 2000 Highway 78N Wylie,Texas 75098 RIGHT OF WAY WARRANTY DEED STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN § That Alanis Crossing,Ltd.,a Texas Limited Partnership("Grantor"),whether one or more, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) cash in hand to Grantor paid by the CITY OF WYLIE, TEXAS, a Texas municipal corporation ("Grantee") the receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or implied,has this day GRANTED and by these presents does GRANT,GIVE,and CONVEY unto the said Grantee all the following described real estate, to-wit: Being 5.727 acres of land, more or less, in the Allen Atterberry Survey, Abstract No.23, in the City of Wylie, Collin County, Texas, more particularly depicted and described in Exhibits "A" and "B", respectively,attached hereto and incorporated herein for all purposes (the"Property"). The warranty contained herein is subject to: (i)any and all mineral reservations,restrictions, covenants,conditions and easements,if any,relating to the above-described property,but only to the extent that they are still in effect and shown of record in Collin County,Texas;and(ii)all zoning law regulations and ordinances of municipal and/or other governmental authorities,if any,but only to the extent that they are still in effect and relate to the Property. RIGHT OF WAY WARRANTY DEED—Page 1 TO HAVE AND TO HOLD the above-described premises,together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantee,Grantee's successors, and assigns forever. And Grantor does hereby bind Grantor, Grantor's heirs, executors, administrators and assigns, to warrant and forever defend all and singular the said premises unto the said Grantee, Grantee's successors and assigns,against every person whomsoever lawfully claiming or attempting to claim the same or any part thereof. This instrument may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. EXECUTED on the dates appearing in the acknowledgements below, however, to be effective on this day of , 2007. Alanis Crossing, Ltd., a Texas Limited Partnership By: Alanis Crossing GP Corporation,a Texas corporation,its general Partner By: Richard M. Skorburg, President RIGHT OF WAY WARRANTY DEED—Page 2 STATE OF TEXAS § § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally appeared , known to me to be one of the persons whose names are subscribed to the foregoing instrument; he acknowledged to me that he is the and duly authorized representative of , a 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 , 2006. Notary Public in and for the State of Texas My Commission Expires: RIGHT OF WAY WARRANTY DEED—Page 3 LIENHOLDER'S CONSENT TO PARTIAL RELEASE OF LIEN: The undersigned, being the holder(s) of the lien against a portion of the Property and Temporary Construction Easement evidenced by: Deed of Trust dated , recorded under Clerk's File No. , from , to , Trustee, securing payment of one certain promissory note of even date therewith in the principal amount of$ payable to the order of ; said Note being additionally secured by a Vendor's Lien of even date retained in Deed, executed by to , recorded under , and subject to all of the terms and conditions and stipulations contained therein, including but not limited to, any future indebtedness also secured by this lien, hereby consents to the execution of the foregoing Right of Way Warranty Deed and agrees that in the event of a foreclosure of the Property or any portion thereof and/or the underlying property or any portion thereof(or deed in lieu thereof),the conveyance made by this deed will remain in full force and effect and shall not be extinguished by such foreclosure (or deed in lieu thereof). Bank, a By: Printed Name: Its: Address: STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on the day of ,200_,by , the and duly authorized representative of Bank, a , on behalf of said corporation. Notary Public, State of Texas PREPARED IN THE OFFICES OF: ABERNATHY,ROEDER,BOYD&JOPLIN,P.C. 1700 Redbud Blvd.,Suite 300 McKinney,TX 75070 RIGHT OF WAY WARRANTY DEED—Page 4 EXHIBIT 'A' LEGAL DESCRIPTION Being a tract of land situated in the Allen Atterberry Survey, Abstract No. 23, in the City of Wylie, Collin County,Texas,and being part of an 86.6-acre tract,as described in Volume 291,Page 197,in the Deed Records of Collin County, Texas(D.R.C.C.T.), and being more particularly described as follows: COMMENCING at a 3/8-inch iron rod found at the southeast corner of a 5.180 acre tract, as described in Volume 4590, Page 1895, D.R.C.C.T., said point being on the west line of Farm to Market 544 (90'right-of-way), as recorded in Volume 568, Page 21, D.R.C.C.T.; THENCE,North 04 degrees 33 minutes 58 seconds West,along said west line,a distance of 375.89 feet to a 1/2-inch iron rod set for the POINT OF BEGINNING; THENCE, South 89 degrees 55 minutes 41 seconds West, departing said west line, a distance of 646.99 feet to a 1/2-inch iron rod set at the point of curvature of a curve to the right,having a radius of 910.00 feet, a central angle of 40 degrees 48 minutes 05 seconds, and a tangent of 338.44 feet; THENCE, along said curve to the right for an arc distance of 648.03 feet(Chord Bearing North 69 degrees 40 minutes 17 seconds West - 634.42 feet), to a 1/2-inch iron rod set at the point of tangency; THENCE North 49 degrees 16 minutes 14 seconds West,a distance of 624.71 feet to a 1/2-inch iron rod set at the point of curvature of a curve to the left,having a radius of 810.00 feet, a central angle of 40 degrees 43 minutes 46 seconds, and a tangent of 300.67 feet; THENCE, along said curve to the left for an arc distance of 575.80 feet (Chord Bearing North 69 degrees 38 minutes 07 seconds West - 563.75 feet), to a 1/2-inch iron rod set at the point of tangency; THENCE, South 90 degrees 00 minutes 00 seconds West, a distance of 3.29 feet to a 1/2-inch iron rod found in the east line of Twin Lakes Phase V Addition, an addition to the City of Wylie, as recorded in Volume P, Page 435, in the Map Records of Collin County, Texas (M.R.C.C.T.), also being the southeast corner of Alanis Drive (50'right-of-way); THENCE North 00 degrees 21 minutes 15 seconds East, along said east line,passing at 50.00 feet the northeast corner of said Twin Lakes Phase V tract, and continuing for a total distance of 100.00 feet to a 1/2-inch iron rod set for corner; THENCE North 90 degrees 00 minutes 00 seconds East,departing said east line, a distance of 2.67 feet to a 1/2-inch iron rod set at the point of curvature of a curve to the right, having a radius of 910.00 feet, a central angle of 40 degrees 43 minutes 46 seconds, and a tangent of 337.79 feet; RIGHT OF WAY WARRANTY DEED—Page 5 THENCE, along said curve to the left for an arc distance of 646.88 feet (Chord Bearing South 69 degrees 38 minutes 07 seconds East-633.35 feet),to a 1/2-inch iron rod set at the point of tangency; THENCE,South 49 degrees 16 minutes 14 seconds East,a distance of 624.71 feet to a 1/2-inch iron rod set at the point of curvature of a curve to the left,having a radius of 810.00 feet,a central angle of 40 degrees 48 minutes 05 seconds, and a tangent of 301.25 feet; THENCE, along said curve to the left for an arc distance of 576.82 feet (Chord Bearing South 69 degrees 40 minutes 17 seconds East-564.70 feet),to a 1/2-inch iron rod set at the point of tangency; THENCE North 89 degrees 55 minutes 41 seconds East,a distance of 639.13 feet to a 1/2-inch iron rod set in the west line of said Farm to Market 544; THENCE, South 04 degrees 33 minutes 58 seconds East, with said west line, a distance of 100.31 feet to the POINT OF BEGINNING and CONTAINING 5.727 acres of land, more or less. RIGHT OF WAY WARRANTY DEED—Page 6 DEVELOPMENT AGREEMENT BETWEEN THE CITY OF WYLIE AND ALANIS CROSSING,LTD. THIS DEVELOPMENT AGREEMENT (the "Agreement") is made and entered into by and between Alanis Crossing , Ltd., a Texas Limited Partnership and Alanis Crossing Holdings, Ltd., a Texas Limited Partnership (collectively the "Developer"), and the City of Wylie, Texas (the "City"). The Developer and the City are hereinafter collectively called the"Parties". WHEREAS, Developer desires to and shall develop the Property as a Planned Development in accordance with the City's Ordinance No. 2006-11, the Comprehensive Zoning Ordinance No. 2001-48 (the "Zoning Ordinance"), the Subdivision Regulation Ordinance No. 2003-03 (the "Subdivision Regulations") and any other applicable City ordinance, as they all currently exist, including amendments, or may be amended; and WHEREAS, the Developer desires to sell City right-of-way as described herein; and WHEREAS, City is entitled to collect impact fees for sewer utilities, as described in City Ordinance No. 90-10, as amended or supplemented by City Ordinance Nos. 93-4 and 97-4, 2001- 19, 2001-42, and 2001-56 and any other Ordinances amending or supplementing impact fees, whether now existing or in the future arising, including but not limited to any ordinance adopted to establish roadway impact fees after execution of this Agreement (collectively,the "Impact Fee Ordinances"); and NOW, THEREFORE, in consideration of the covenants and conditions contained in this Agreement, the Parties agree as follows: 1. Land Subject to Agreement. The land that is the subject of this Agreement is a 61.26 acre tract of land in the Ailin Atterbery Survey, more particularly described in Exhibit "A", attached hereto and incorporated as if fully set forth herein (the "Property"). Developer represents it will be the sole owner of the Property If the Developer does not acquire Title to said property by October 31, 2006, this Agreement is null and void. 2. Alanis Drive. The City acknowledges that the construction of Alanis Drive from the eastern boundary of Twin Lakes subdivision to FM 544 is scheduled to be constructed and it is anticipated that Alanis Drive will be completed by December 31, 2007 ("Alanis Drive"). The City will make a diligent effort to meet that goal. 3. Dedication of Right-of-Way for Alanis Drive. The City agrees to purchase from Developer a 100' right-of-way (approximately 5.74 acres) through the east/west length of the Property. The parties agree the purchase price shall be the lesser of S30,000 per acre, or the fair market value of the property pursuant to an appraisal performed by an appraiser approved by, both parties. The cost of the appraisal will be shared equally by City and Developer. The taking date for the right-of-way is September 30, 2006. The purchase price of the right-of-way referred to above shall be paid thirty (30) days after the appraiser has determined the fair market value of the 100' right-of-way. Development Agreement Between the City of Wylie and Alanis Crossing,Ltd. Page 1 ,,�,,((�� Doc#459852 9/&'2006 3:48:52 PM [��`�" G e O vq" The City intends to construct Alanis Drive within the 100' wide right-of-way to be purchased from Developer; provided, however, in the event that the City needs additional property not to exceed one half(1/2) of an acre for right-of-way or easements that are reasonably necessary to construct Alanis Drive, Developer shall dedicate, at its sole cost, the additional right-of-way and/or easements to the City within fifteen (15) days of written notice from the City. This additional dedication provision expires on the earlier of acceptance of Alanis Drive by the City or March 31, 2008. 4. Sewer Impact Fees. Developer acknowledges that the Property is subject to the Impact Fee Ordinances. Developer is not receiving any credit towards sewer impact fees under this Agreement and this Agreement does not alter the City's right to assess and collect sewer impact fees against the Property pursuant to the applicable ordinances of the City. All phases of the Project shall be assessed and shall pay sewer impact fees in accordance with the applicable ordinances of the City. 5. Thoroughfare Impact Fees. The Property shall be subject to thoroughfare impact fees and paid in accordance with the applicable ordinances of the City. 6. Park Fees. The Property shall be subject to park fees and paid in accordance with the applicable ordinances of the City. 7. Open Ditch Road Section: In blocks where the lot size is a minimum of 18,000 square feet the road section shall be open ditch with a 26 foot wide pavement section within a 60 foot Right-of-Way as shown on Exhibit"B".No sidewalks shall be required. 8. Formation of Homeowner's Association and Landscaping along Alanis Drive and FM 544. Developer shall provide for the formation of a homeowners' association. The homeowners' association shall own and be responsible for the maintenance of the common areas and greenbelts located within the boundaries of the Property (to be described on the subject plats), including any and all respective appurtenances (such as, without limitation, landscaping, screening berm irrigation, equipment, related structures, other homeowners' association infrastructure, etc.) (the "HOA Property"). Every owner of a lot within the Property shall be a member of the homeowners' association. The homeowners' association shall provide for the . • payment of dues and assessments required to maintain the HOA Property. The homeowners' association documents must be filed for record with the county concurrently with the filing of each final plat for the Property. 9. Continuity. This Agreement shall be a covenant running with the land and shall be binding upon the Developer, its officers, directors, partners, employees, representatives, agents, successors, assignees, vendors, grantees and/or trustees. In addition, the parties shall cause this Agreement to be filed in the Land Records of Collin County. 10. Sovereign Immunity. Except for the obligations set forth in this Agreement, Developer and City agree that City has not waived its sovereign immunity by entering into and performing its obligations under this Agreement. This Agreement is only for the benefit of the Development Agreement Between the City of Wylie and Alanis Crossing,Ltd. Page 2 V " Doc#459852 9/8/2006 3:48:52 PM �,6lb b EXECUTIVE SUMMARY PROPERTY DESCRIPTION: Unimproved tract of land LOCATION: West side of F.M. 544 at the proposed extension of Alanis Drive, City of Wylie, Collin County,Texas ZIP CODE: 75098 MAPSCO: 10A-H ASSESSMENT DATA: A. COLLIN CAD TAX ACCOUNT Part of R-6023-000-0470-1 B. CUMULATIVE 2005 MARKET ASSESSED VALUE $1,196,400 C. CUMULATIVE 2005 AGRICULTURE VALUE $9,810 D. DELINQUENT TAXES None PURPOSE OF THE APPRAISAL: Estimate the"as is"market value of the property on the inspection date INTEREST VALUED: Fee simple interest DATE OF INSPECTION &VALUATION: August 24, 2006 SCHOOL DISTRICT: Wylie Independent School District LAND AREA: 13.33 acres ZONING: Rezoned from A(Agriculture)to PD(Single Family Residential)on August 21, 2006 TOPOGRAPHY: Generally level SHAPE: Irregular UTILITIES AVAILABLE: All utilities including water, sanitary sewer, natural gas, electricity and telephone are available in the F.M. 544 right-of-way; the extension of utilities to the main body of the site is imminent with the impending extension of Alanis Drive and the development of the Alanis Crossing residential addition FRONTAGE: 20.06 feet on F.M. 544 and 1,803.92 feet on the future extension of Alanis Drive EASEMENTS AND ENCROACHMENTS: None adverse observed FLOOD PLAIN DESIGNATION: Zone X(unshaded), an area of minimal flooding outside the 500-year flood plain; Community Panel Number 48085C 0585 G,dated January 19, 1996 SITE IMPROVEMENTS: None HIGHEST AND BEST USE: Hold as a speculative investment over an interim period until market demand warrants construction of a residen- tial subdivision to be improved with single family homes FINAL ESTIMATE OF "AS IS" MARKET VALUE: $420,000 =13311501.SS JAc . REASONABLE EXPOSURE TIME: 6 to 12 months ESTIMATED MARKETING PERIOD: 6 to 12 months ra TICOR TITLE INSURANCE THE FOLLOWING COMMITMENT FOR TITLE INSURANCE IS NOT VALID UNLESS YOUR NAME AND THE POLICY AMOUNT ARE SHOWN IN SCHEDULE A, AND OUR AUTHORIZED REPRESENTATIVE HAS COUNTERSIGNED BELOW. Commitment for Title Insurance T-7 Commitment We, Ticor Title Insurance Com- applicable endorsements is shown on for Title Insurance pany,will issue our title insurance policy Schedule D. There may be additional or policies (the Policy) to You (the pro- charges such as recording fees, and posed insured) upon payment of the expedited delivery expenses. premium and other charges due, and compliance with the requirements in This Commitment ends ninety (90) Schedule B and Schedule C. Our Policy days from the effective date, unless the will be in the form approved by the Texas Policy is issued sooner, or failure to Department of Insurance at the date of issue the Policy is our fault. Our liability issuance, and will insure your interest in and obligations to you are under the the land described in Schedule A. The express terms of this Commitment and estimated premium for our Policy and end when this Commitment expires. 98 BENCHMARK TITLE SERVICES, LLC 5700 Legacy Drive,Suite 10 Plano,Texas 75024 972/673-4050 telephone TICOR TITLE INSURANCE COMPANY 972/673-4060 telecopy (1?iu)By President Attestjak(if Secretary kr Authorized Signatory Warder Form No.887(Reprinted 04/02) Commitment For Tide Insurance(T-7) COMMITMENT FOR TITLE INSURANCE SCHEDULE A Effective Date: January 30,2006, 8:00 am G.F.No.or File No. PL06-04897 Commitment No. issued: February 15,2006, 8:00 am (if applicable) 1. The policy or policies to be issued are: (a) OWNER POLICY OF TITLE INSURANCE(Form T-1) (Not applicable for improved one-to-four family residential real estate) Policy Amount: PROPOSED INSURED: Alan's Crossing,Ltd.,a Texas limited partnership (b) TEXAS RESIDENTIAL OWNER POLICY OF TITLE INSURANCE- ONE-TO-FOUR FAMILY RESIDENCES(Form T-1R) Policy Amount: PROPOSED INSURED: (c) MORTGAGEE POLICY OF TITLE INSURANCE(Form T-2) Policy Amount: PROPOSED INSURED: Michael Hood Proposed Borrower: Alanis Crossing,Ltd.,a Texas limited partnership (d) TEXAS SHORT FORM RESIDENTIAL MORTGAGEE POLICY OF TITLE INSURANCE(Form T-2R) Policy Amount: PROPOSED INSURED: Proposed Borrower: (e) MORTGAGEE TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN(Form T-13) Binder Amount: PROPOSED INSURED: Proposed Borrower: (l) OTHER Policy Amount: PROPOSED INSURED: 2. The interest in the land covered by this Commitment is: Fee Simple 3. Record title to the land on the Effective Date appears to be vested in: MICHAEL H.HOOD 4. Legal description of the land: Being a tract of land situated in the Allen Atterberry Survey, Abstract No.23,in the City of Wylie, Collin County, Texas,being part of an 86.6 acre tract described in a Deed to Michael H.Hood,in Clerks File Number 95-0056731, in the Deed Records of Collin County,Texas,being more particularly described as follows: Beginning at a 1/2 inch iron rod found at the southeast corner of Twin Lakes Phase V, an addition to the City of Wylie,as described in Cabinet P,Page 435,in the Map Records of Collin County,Texas; Thence,North 00 deg. 21'15"East, with the east line of Twin Lakes Phase V, at 1250.88 feet passing the northeast corner of said Phase V, and continuing for a total distance of 1405.55 feet to a 1/2 inch iron rod found at the northeast corner of a 22.253 acre tract,as described in Clerks File No.2001.0136948,in said Deed Records; Thence,South 89 deg.49'42"East,for a distance of 1492.44 feet to a 1/2 inch iron rod found at the northwest corner of 5.180 acre tract; Thence,South 03 deg.09'42"East,with the west line of the 5.180 acre tract for a distance of 331.26 feet to a 5/8 inch iron rod found at the southwest corner of the 5.180 acre tract; Thence,South 89 deg.53'49"East,for a distance of 684.37 feet to a 5/8 inch iron rod found in the west line of F.M. Ticor Title Insurance Company Page 1 Continuation of Schedule A G,F.No.PL06-04897 544(90'R.O.W.); Thence,South 03 deg. 08'19"East, with the west line of F.M. 544 for a distance of 179.08 feet to a 5/8 inch iron rod found; Thence, South 04 deg. 33'SS" East, continuing along the west line of F.M. 544 for a distance of 534.48 feet to the north line of a 5.180 acre tract(5/8 inch iron rod found 0.7 feet east),as described in Volume 4590,Page 1895,in said Deed Records; Thence South 89 deg.55'41"West,departing the west line of F.M.544 and the north line of said 5.180 acre tract for a distance of 621.02 feet to a 5/8"inch iron rod found at the northwest corner of the 5.180 acre tract; Thence South 00 deg.04'S5"East, with the west line of the 5.180 acre tract for a distance of 354.71 feet to a 5/8 inch iron rod found at the southwest corner of the 5.180 acre tract, being in the north line of a 185.1449 acre tract, as described in Clerks File No.2005.0151550,in said Deed Records; Thence South 89 deg.55'S0"West,with the north line of the 185.1449 acre tract,at a distance of 571.35 feet passing a 1/2 inch iron rod found at the northwest corner bf the 185.1449 acre tract,and continuing with the north lines of a 14.0009 acre tract, as described in Clerks File No. 2005-0023219 in said Deed Records, a 5.000 acre tract and a 4.3368 acre tract,as described in Clerks File No.2002-0089681,in said Deed Records,for a total distance of 1635.60 feet to the Point of Beginning and containing 61.246 acres of land. SAVE AND EXCEPT Being a tract of land situated in the Allen Atterberry Survey,Abstract No.23,in the City of Wylie,Collin County, Texas,being a part of an 86.6 acre tract,as described in Volume 291,Page 197,in the Deed Records of Collin County,Texas,being more particularly described as follows: Beginning at a 5/8 inch iron rod found at the northeast corner of a 5.180 acre tract,as described in Volume 4590, Page 1895,in said Deed Records; Thence,North 89 deg.32'S1"West,with the north line of the 5.180 acre tract for a distance of 621.02 feet to a 5/8 inch iron rod found at the northwest corner of the 5.180 acre tract; Thence,South 00 deg.26'32"West,with the west line of the 5.180 acre tract for a distance of 354.71 feet to a 1/2 inch rod set at the southwest corner of the 5.180 acre tract,being in the south line of said 86.6 acre tract; Thence,North 89 deg.32'S0"West,with said south line for a distance of 1007.47 feet to a 1/2 inch iron rod set; Thence,North 00 deg.27'10"East,departing said south line for a distance of 928.44 feet to a 1/2 inch iron rod set; Thence,South 48 deg.45'11"East,for a distance of 509.17 feet to a 1/2 inch iron rod set at the point of curvature of a curve to the left,having a radius of 910.00 feet,a central angle of 40 deg.47'40",and a tangent of 338.38 feet; Thence,along said curve to the left for an arc distance of 647.92 feet(chord bearing South 69 deg.09'01"East- 634.32 feet),to a 1/2 inch iron rod set at the point of tangency; Thence,South 89 deg.32'51"East,for a distance of 646.83 feet to a 1/2 inch iron rod set; Thence,South 04 deg.02'47"East,for a distance of 20.06 feet to the Point of Beginning and containing 13.330 acres of land. Ticor Title Insurance Company Page 2 Continuation of Schedule A G.F.No.PL06-04897 The Company is prohibited from insuring the area or quantity of the land described herein. Therefore,the Company does not represent that the acreage or square footage calculations are correct. References to quantity are for informational purposes only. Co igned B lark Title Sery LLC By Ticor Title Insurance Company Page 3 j I COMMITMENT FOR TITLE INSURANCE SCHEDULE B EXCEPTIONS FROM COVERAGE In addition to the Exclusions and Conditions and Stipulations,your Policy will not cover loss,costs,attorneys'fees,and expenses resulting from: 1. The following restrictive covenants of record itemized below(We must either insert specific recording data or delete this exception): (Intentionally deleted) 2, Any discrepancies,conflicts,or shortages in area or boundary lines,or any encroachments or protrusions,or any overlapping of improvements. 3. Homestead or community property or survivorship rights,if any,of any spouse of any insured. (Applies to the Owner Policy only). 4. Any titles or rights asserted by anyone,including,but not limited to,persons,the public,corporations,governments or other entities, a. to tidelands,or lands comprising the shores or beds of navigable or perennial rivers and streams,lakes,bays,gulfs or oceans,or b, to lands beyond the line of harbor or bulkhead lines as established or changed by any government,or c. to filled-in lands,or artificial islands,or d. to statutory water rights,including riparian rights,or e. to the area extending from the line of mean low tide to the line of vegetation,or the rights of access to that area or easement along and across that area. (Applies to the Owner Policy only.) 5. Standby fees,taxes and assessments by any taxing authority for the year 2006,and subsequent years;and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership,but not those taxes or assessments for prior years because of an exemption granted to a previous owner of the property under Section 11.13, Texas Tax Code,or because of improvements not assessed for a previous tax year. (If Texas Short Form Residential Mortgagee Policy(T-2R)is issued,that policy will substitute"which become due and payable subsequent to Date of Policy" in lieu of"for the year and subsequent years.") 6. The terms and conditions of the documents creating your interest in the land. 7. Materials furnished or labor performed in connection with planned construction before signing and delivering the lien document described in Schedule A,if the land is part of the homestead of the owner. (Applies to the Mortgagee Title Policy Binder on Interim Construction Loan only,and may be deleted if satisfactory evidence is furnished to us before a binder is issued.) 8. Liens and leases that affect the title to the land,but that are subordinate to the lien of the insured mortgage. (Applies to Mortgagee Policy(T-2)only.) Ticor Title Insurance Company Page 1 Continuation of Schedule B G.F.No,PL06-04897 9. The Exceptions from Coverage and Express Insurance in Schedule B of the Texas Short Form Residential Mortgagee Policy(T-2R). (Applies to Texas Short Form Residential Mortgagee Policy(T-2R)only. Separate exceptions 1 through 8 of this Schedule B do not apply to the Texas Short Form Residential Mortgagee Policy(T-2R). 10. The following matters and all terms of the documents creating or offering evidence of the matters(We must insert matters or delete this exception.): a, (Moved to Schedule C) b. (Intentionally deleted) c. (Intentionally deleted) d. Easement for water pipe line from Doctor Marianna Hood,heir of Mrs.S.H.Hood to East Fork Water Supply Corporation,dated July 12, 1988,filed November 14,1988,recorded in Volume 2950,Page 256,Deed Records,Collin County,Texas as shown on survey September 12,2006,prepared by Patrick J.Baldasaro, RPLS No.5504 e. Utility Easement from Michael H.Hood to City of Wylie,dated August 29,2002,filed December 23,2002, recorded under Clerk's File Number 2002-0190826,Deed Records,Collin County,Texas as shown on survey September 12,2006,prepared by Patrick J.Baldasaro,RPLS No.5504 f. The following items as shown on survey September 12,2006,prepared by Patrick J.Baldasaro,RPLS No. 5504: {f) (Intentionally deleted); (ii) (Intentionally deleted); (iil) (Intentionally deleted); (iv) (Intentionally deleted); (v) (Intentionally deleted); (vi) (Intentionally deleted); (vii) (Intentionally deleted);and (viii) WYE inlet located along the western property line. g. Terms,conditions and provisions of the unrecorded Farm Lease by and between Alanis Crossing,Ltd.,a Texas limited partnership and Brent and Beverly Bates,dated September 14,2006. h. Any and all liens arising by reason of unpaid bills or claims for work performed or materials furnished in connection with improvements placed,or to be placed,upon the subject land.However,the Company does insure the Insured against loss,if any,sustained by the Insured under this Policy if such liens have been filed with the County Clerk of Collin County,Texas,prior to the date hereof." Pending disbursement of the full proceeds of the loan secured by the lien instrument set forth under Schedule A hereof,this policy insures only to the extent of the amount actually disbursed,but increases as each disbursement is made in good faith and without knowledge of any defects in,or objections to,the title up to the face amount of the policy.Nothing contained in this paragraph shall be construed as limiting any exception under Schedule B,or any printed provision of this policy(Mortgagee Policy Only) Ticor Title Insurance Company Page 2 (• COMMITMENT FOR TITLE INSURANCE SCHEDULE C Your Policy will not cover loss,costs,attorneys'fees,and expenses resulting from the following requirements that will appear as Exceptions in Schedule B of the Policy,unless you dispose of these matters to our satisfaction,before the date the Policy is issued: 1. Documents creating your title or interest must be approved by us and must be signed,notarized and filed for record. 2. Satisfactory evidence must be provided that: a. no person occupying the land claims any interest in that land against the persons named in paragraph 3 of Schedule A, b. all standby fees,taxes,assessments and charges against the property have been paid, c. all improvements or repairs to the property are completed and accepted by the owner,and that all contractors, subcontractors,laborers and suppliers have been fully paid,and that no mechanic's,laborer's or materialmen's liens have attached to the property, d. there is legal right of access to and from the land, e. (on a Mortgagee Policy only)restrictions have not been and will not be violated that affect the validity and priority of the insured mortgage. 3. You must pay the seller or borrower the agreed amount for your property or interest. 4. Any defect,lien or other matter that may affect title to the land or interest insured,that arises or is filed after the effective date of this Commitment. 5. (Intentionally deleted) 6. Company must obtain verification from Record Title Owner that no liens or encumbrances exist against subject property prior to closing. 7. Company requires marital affidavit of Record Owner. 8. The title insurance policy being issued to you contains an arbitration provision. It allows you or the Company to require arbitration if the amount of insurance is$1,000,000.00 or less. If you want to retain your rights to sue the Company in case of a dispute over a claim,you must request deletion of the arbitration provisions before the policy is issued. If you are the purchaser of lender in the transaction and request deletion of the arbitration provision,please advise us so prior to closing by executing the Addendum to this Commitment and returning it to us,or inform us in your closing instructions. 9. Notice to all Buyers,Sellers,Borrowers,Lenders and all parties having a vested interest in the transaction covered by this Commitment. The following constitutes a major change in the procedures and requirements for disbursement of funds by the Title Agent pursuant to this transaction. Effective August 1,1988,The State Board of Insurance has adopted Procedural Rule P-27,which will require that"Good Funds"be received and deposited before a Title Agent may disburse from this Trust Fund Account. "Good Funds"is defined as: (1)Cash or wire transfers;(2)Certified funds,including certified checks and cashier's checks;(3)Uncertified funds in amounts less than$1,500.00,including checks,traveler's checks,money orders and negotiable orders of withdrawal;provided multiple items shall not be used to avoid the$1,500.00 limitation;and(4)Uncertified funds in amounts of$1,500.00 or more,drafts and any other item when collected by the Financial Institution. 10. Rights of parties in possession Ticor Title Insurance Company Page 1 Continuation of Schedule C G.P.No.PL06.04897 Our office may require an Affidavit as to Debts and Liens,Survey Affidavit and Waiver of Inspection to be executed at closing. Ticor Title Insurance Company Page 2 • COMMITMENT FOR TITLE INSURANCE SCHEDULE D G.F.No.or File No. PL06-04897 Effective Date:January 30,2006, 8:00 am Pursuant to the requirements of Rule P-21,Basic Manual of Rules,Rates and Forms for the writing of Title Insurance in the State of Texas,the following disclosures are made: 1. The following individuals are directors and/or officers,as indicated,of the Title Insurance Company issuing this Commitment TICOR TITLE INSURANCE COMPANY,a California Corporation The shareholders owning or controlling,directly or indirectly,ten(10%),or more of the shares of Ticor Title Insurance Company:CHICAGO TITLE AND TRUST COMPANY,an Illinois Corporation The names of the Directors of Ticor Title Insuance Company: Christopher Abbinante Allen M.Gentry William T.Halvorsen Peter G.lemputte William J.Massey Burton J.Rain John E.Rau Paul T.Sands,Jr. The names of the president,the executive or senior vice-president,the secretary and the treasurer of Ticor Title Insurance Company: President and Chief Executive Officer: John E.Rau Executive Vice President: Christopher Abbinante&William T.Halvorsen Jr. Vice President and Secretary: Paul T.Sands,Jr. Chief Financial Officer: Peter G.Leemputte 2. The following disclosures are made by the Title Insurance Agent issuing this commitment: The owner(s)of 10%or more of Benchmark Title Services,LLC is Benchmark Bank,a Texas Banking Association and Paul Taylor Homes,Limited,a Texas limited partnership The officers and managers of Benchmark Title Services,LLC are: Bill G.Brewer- President Ben Gibbins-Senior Vice President Carlene Baxter-Assistant Vice President 3 You are entitled to receive advance disclosure of settlement charges in connection with the proposed transaction to which this commitment relates. Upon your request,such disclosure will be made to you.Additionally,the name of any person,firm or corporation receiving any sum from the settlement of this transaction will be disclosed on the closing or settlement statement. You are further advised that the estimated title premium*is: Owners Policy Mortgagee Policy Total Of this total amount: 15%will be paid to the policy issuing Title Insurance Company:85%will be retained by the issuing Title Insurance Agent;and the remainder of the estimated premium will be paid to other parties as follows: Amount To Whom For Services Ticor Title Insurance Company Page 1 • Continuation of Schedule C G.F.No.PL06-04897 'The estimated premium is based upon information furnished to us as of the date of this Commitment for Title Insurance. Final determination of the amount of the premium will be made at closing in accordance with the Rules and Regulations adopted by the State Board of Insurance. This commitment is invalid unless the insuring provisions and Schedules A,B,and C are attached Ticor Title Insurance Company Page 2 TEXAS TITLE INSURANCE INFORMATION Title insurance insures you against loss resulting from certain El seguro de titulo le asegura en relacion a perdidas resultantes risks to your title. de ciertos riesgos que pueden afectar el titulo de su propiedad. The Commitment for Title Insurance is the title insurance El Compromiso para Seguro de Titulo es la promesa de la company's promise to issue the title insurance policy. The compania aseguradora de titulos de emitir la poliza de seguro de Commitment is a legal document. You should review it titulo. El Compromiso es un documento legal. Listed debe carefully to completely understand it before your closing date. leerio cuidadosamente y entendario completamente antes de la fecha para finalizar su transaction. Your Commitment for Title insurance is a legal contract between you and us. The Commitment is not an opinion or report of your litle. It is a contract to issue you a policy subject to the Commitment's terms and requirements. Before issuing a Commitment for Title Insurance(the Commitment)or a Title Insurance Policy(the Policy),the Title Insurance Company(the Company)determines whether the title is insurable. This determination has already been made. Part of that determination involves the Company's decision to insure the title except for certain risks that will not be covered by the Policy. Some of these risks arc listed in Schedule B of the attached Commitment as Exceptions. Other risks are stated in the Policy as Exclusions. These risks will not be covered by the Policy. Another part of the determination involves whether the promise to insure is conditioned upon certain requirements being met. Schedule C of the Commitment lists these requirements that must be satisfied or the Company will refuse to cover them. You may want to discuss any matters shown on Schedules B and C of the Commitment with an attorney. These matters will affect your title and your use of the land. When your Policy is issued,the coverage will be limited by the Policy's Exceptions,Exclusions and Conditions,defined below. -EXCEPTIONS are title risks that a Policy generally covers but does not cover in a particular instance. Exceptions are shown on Schedule B or discussed in Schedule C of the Commitment. They can also be added if you do not comply with the Conditions section of the Commitment. When the Policy is issued,all Exceptions will be on Schedule B of the Policy. -EXCLUSIONS are title risks that a Policy generally does not cover. Exclusions are contained in the Policy but not shown or discussed in the Commitment. -CONDITIONS are additional provisions that qualify or limit your coverage. Conditions include your responsibilities and those of the Company. They are contained in the Policy but not shown or discussed in the Commitment. The Policy Conditions are not the same as the Commitment Conditions. You can get a copy of the policy form approved by the State Board of Insurance by calling the Title insurance Company at or by calling the title insurance agent that issued the Commitment. The State Board of Insurance may revise the policy form from time to time. You can also get a brochure that explains the Policy from the Texas Department of Insurance by calling 1.800-252-3439. Before the Policy is issued,you may request changes in the Policy. Some of the changes to consider are: -Request amendment of the"area and boundary"exception(Schedule B,paragraph 2). To get this amendment,you must furnish a survey or comply with other requirements of the Company. On the Owner Policy,you must pay an additional premium for the amendment. If the survey is acceptable to the Company or if the Company's other requirements are met,your Policy will insure you against loss because of discrepancies or conflicts in boundary lines, encroachments or protrusions,or overlapping of improvements. The Company may then decide not to insure against specific boundary or survey problems by making special exceptions in the Policy. Whether or not you request amendment of the"area and boundary"exception,you should determine whether you want to purchase and review a survey if a survey is not being provided to you. -Allow the Company to add an exception to"rights of parties in possession." If you refuse this exception,the Company or the title insurance agent may inspect the property. The Company may except to and not insure you against the rights of specific persons,such as renters,adverse owners or easement holders who occupy the land. The Company may charge you for the inspection. If you want to make your own inspection,you must sign a Waiver of Inspection form and allow the Company to add this exception to your Policy. The entire premium for a Policy must be paid when the Policy is issued. You will not owe any additional premiums unless you want to increase your coverage at a later date and the Company agrees to add an Increased Value Endorsement. Ticor Title Insurance Company Page 1 i r Continuation of Schedule C G.F.No.PLO6-04897 IMPORTANT NOTICE AVISO IMPORTANTE FOR INFORMATION,OR TO MAKE A COMPLAINT,CALL OUR TOLL- PARA INFORMACION,0 PARA SOMETER UNA QUEJA LLAME AL FREE TELEPHONE NUMBER NUMERO GRATIS (800)275-8842 (800)275.8842 ALSO,YOU MAY CONTACT THE TEXAS DEPARTMENT OF TAMBIEN PUEDE COMUNICARSE CON EL DEPARTAMENTO DE INSURANCE AT 1-800-252-3439 SEGUROS DE TEXAS AL 1.800.252-3439 to obtain information on: para obtoner infoimaciOn sobre: 1. filing a complaint against an insurance company or agent, 1. como someter una queja en contra de una compania de seguros o agente de scguros, 2, whether an insurance company or agent is licensed, 2. si una compania de seguros o agente de seguros tiene licencia, 3. complaints received against an insurance company or agent, 3. quejas recibidas en contra de una compania de seguros o agente tie 4. policyholder rights,and seguros, 5. a list of consumer publications and services available through the 4. los derechos del asegurado,y Department. 5. una lista de publicaciones y servicios para consumidores disponibles YOU MAY ALSO WRITE TO: a haves del Departamento. The Texas Department of Insurance P.O.Box 149104 TAMBIEN PUEDE ESCRIBIR AL: Austin,Texas 78714-9104 Departamento de Seguros de Texas FAX No(512)475-1771 P.O.Box 149104 Austin,Texas 78714-9104 FAX No.(512)475-1771 THE FOLLOWING COMMITMENT FOR TITLE INSURANCE IS NOT VALID UNLESS YOUR NAME AND THE POLICY AMOUNT ARE SHOWN IN SCHEDULE A,AND OUR AUTHORIZED REPRESENTATIVE HAS COUNTERSIGNED BELOW. Ticor Title Insurance Company Page 2 • DELETION OF ARBITRATION PROVISION (Not Applicable to the Texas Residential Owner Policy) ARBITRATION is a common form of alternative dispute resolution.It can be a quicker and cheaper means to settle a dispute with your Title Insurance Company. However,if you agree to arbitrate,you give up your right to take the Title Company to court and your rights to discovery of evidence may be limited in the arbitration process. In addition,you cannot usually appeal an arbitrator's award. Your policy contains an arbitration provision(shown below). It allows you or the Company to require arbitration if the amount of insurance is$1,000,000 or less. If you want to retain your right to sue the Company in case of a dispute over a claim,you must request deletion of the arbitration provision before the policy is issued. You can do this by signing this form and returning it to the Company at or before the Closing of your real estate transaction or by writing to the Company. The Arbitration provision in the Policy is as follows: "Unless prohibited by applicable law or unless this arbitration section is deleted by specific provision in Schedule B of this policy,either the Company or the Insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include,but are not limited to,any controversy or claim between the Company and the Insured arising out of or relating to this Policy,and service of the Company in connection with its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 or less SHALL BE arbitrated at the request of either the Company or the Insured,unless the Insured is an individual person(as distinguished from a corporation,trust,partnership,association or other legal entity). All arbitrable matters when the Amount of Insurance is in excess of$1,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this Policy and under the Rules in effect on the date the demand for arbitration is made or,at the option of the Insured,the Rules in effect at the Date of Policy shall be binding upon the parties. The award may include attorneys'fees only if the laws of the state in which the land is located permit a court to award attorneys'fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s)may be entered in any court having jurisdiction thereof. The Law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A Copy of the Rules may be obtained from the Company upon request." I request deletion of the Arbitration provision. Signature Date Ticor Title Insurance Company Ticor Title Insurance Company Premium Amount Rate Rules Property County Liability at Type Code Reissue Rate 1 2 3 4 5 6 7 8 85 S ( -Request amendment of the area and boundary"exception(Schedule B,paragraph 4.11)get this amendment, you must furnish a survey and comply with other requirements of the Company.On the Owner Policy,you must pay an additional premium for the amendment.If the survey is acceptable to the Company and if the Company's other requirements are met,your Policy will insure you against loss because of discrepancies or conflicts in boundary lines, encroachments or protrusions,or overlapping of improvements.The Company may then de- cide not to Insure against specific boundary or survey problems by making special exceptions in the Policy. "• Whether'or not you request amendment of the"area and boundary'exception,you should determine whether you want to purchase and reviewia survey if a survey is not being provided to you. -Allow the Company to add an exception to"rights of parties in possession." If you refuse this exception,the Company or the title insurance agent may inspect the property. The Company may except to and not insure you against the rights of specific persons,such as renters,adverse owners or easement holders who occupy the land. The Company may charge you for the inspection. If you want to make your own inspection,you must sign a Waiver of Inspection form and allow the Company to add this exception to your Policy. The entire premium for a Policy must be paid when the Policy is issued. You will not owe any additional premiums unless you want to increase your coverage at a later dale and the Company agrees to add an Increased Value Endorsement. CONDITIONS AND STIPULATIONS 1. 3 you have actual knowledge of any matter which may affect the title or mortgage covered by this Commitment,that is not shown in Schedule B,you must notify us in writing. If you do not notify us in writing,our liability to you is ended or reduced to the extent that your failure to notify us affects our liability. If you do notify us,or we learn of such matter,we may amend Schedule B,but we will not be relieved of liability already incurred. 2. Our liability is only to you,and others who are included in the definition of Insured in the Policy to be issued. Our liability is only for actual loss incurred in your reliance on this Commitment to comply with its requirements or to acquire the interest in the land. Our liability is limited to the amount shown in Schedule A of this Commitment and will be subject to the following terms of the Policy: Insuring Provisions,Conditions and Stipulations, and Exclusions. .... . . .., .... „si , � i:e�rry e?i[ttcr:itcf flit fair fi!6)3 t�?r esf try !l 'lief rr" 1`• i r r tax •fItvsf fit4 f1t !Ai At;:'ht c21 W Z xz Z d o_ IA W U 0 a M o W Q1/41.0 {--( ,..) g ,� et z o a N cc H O w u r z 4.1 r U O Cr wo 6181i IMPORTANT NOTICE FOR INFORMATION, OR TO MAKE A COMPLAINT CALL OUR TOLL-FREE TELEPHONE NUMBER 1-800-442-4303 ALSO YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE AT 1-800-252-3439 obtain information on: filing a complaint against an insurance company or agent, whether an insurance company or agent is licensed, complaints received against an insurance company or agent, policyholder rights, and a list of consumer publications and services available through the Department. YOU MAY ALSO WRITE TO THE TEXAS DEPARTMENT OF INSURANCE P.O. BOX 149104 AUSTIN, TEXAS 78714-9104 FAX NO. (512)475-1771 AVISO IMPORTANTE PARA INFORMACION,0 PARA SOMETER UNA QUEJA LLAME AL NUMERO GRATIS 1-800-442-4303 TAMBIEN PUEDE COMUNICARSE CON EL DEPARTAMENTO DE SEGUROS DE TEXAS AL 1-800-252-3439 ra obtener information sabre: como someter una queja en contra de una compania de seguros o agente de seguros, si una comppania de seguros o agente de seguros tiene licencia, quejas recibidas en contra de una compania de seguros o agente de seguros, los derechos del asegurado,y una lista de publicaciones y servicios pars consumidores disponibtes a Craves del Departamento. TAMBIEN PUEDE ESCRIBIR AL DEPARTAMENTO DE SEGUROS DE TEXAS P.O. BOX 149104 . .AUSTIN, TEXAS 78714-9104 FAX NO. (512)475-1771 LandAmerica DFW Production Center 220 Westway Place#100,Bldg 8 Arlington,Texas 76018 817-784-4700 Ownership and Lien Report File Number 5423000517 Date: December 21,2006 Address: Not Available Effective Date: December 13,2006 STATE OF TEXAS,COUNTY OF COLLIN LEGAL DESCRIPTION: See Exhibit"A"Attached Please be advised that this Company has made a diligent search of its Abstract Plant for Ownership and Liens as to the above-described property and we find the following: I. Title appears to be vested in: Alanis Crossing,Ltd.,a Texas limited partnership 2. SUBJECT TO the following outstanding liens: General Warranty Deed with Vendor's Lien executed by Michael H. Hood,to Alanis Crossing,Ltd.,a Texas limited partnership,dated September 14,2006, filed September 19,2006,recorded in County Clerk's File Number 20060919001346110 of the Real Property Records of Collin County,Texas. Deed of Trust executed by Alanis Crossing,Ltd.,a Texas limited partnership,to Randy Dishongh,as Trustee for the benefit of Michael H.Hood, in the amount of$916,962.85, dated September 14,2006, filed September 19,2006,recorded in County Clerk's File Number 20060919001346130 of the Real Property Records of Collin County,Texas. 3. For Abstracts of Judgment,Federal and State Tax Liens of record and Bankruptcies of record, and the like,the only names searched were as follows: Alanis Crossing,Ltd.,a Texas limited partnership;Alanis Crossing GP Corporation,a Texas Corporation and the following was found: *None Found of Record NO EXAMINATION HAS BEEN MADE FOR ANY OTHER PURPOSE. This report is issued for the use of and shall inure to the benefit of LandAmerica,above Addressee. Please be advised that any liability of LANDAMERICA DFW PRODUCTION CENTER for mistakes or errors in this report is hereby limited to the cost of said report. This report is issued with the express understanding,evidenced by the acceptance thereof,that this Company does not undertake to give or express any opinion as to the validity of the title described nor the validity or effect of the instruments listed,and this report is neither a warranty of title nor policy of title insurance. Prepared by:Angie Tallant/law LANDAMERICA DFW PRODUCTION CENTER• ` By: (?ñjl i'l.C! )1:('5 Aie Tallant/law GF#5423000517 2 EXHIBIT"A" LEGAL DESCRIPTION Being a 61.26 acre tract of land located in the Allis Atterbery Survey,Abstract No.23,and a portion part of a called 86.6 acre tract described to S.H.Hood,as recorded in Volume 291,Page 167,Collin County Deed Records(C.C.D.R.),and being described by metes and bounds as follows; COMMENCING at a found 3/8 inch diameter iron rod located on the South line of said Arlin Atterbury Survey,the North line of the D.W.Williams Survey,Abstract No.980,the Northeast corner of a tract of land described to Thelma Rice,as recorded in Volunne 561,Page 266, C.C.D.R.,the Southeast corner of a tract of land recorded to Tommy&Toni Pulliam,as recorded in Volume 4590,Page 1895,C.C.D.R.,and the West right-of-way line of F.M.544(90' ROW),as recorded in Volume 568,Page 21,C.C.D.R.; THENCE North 89 degrees 32 minutes 50 seconds West,along the South line of said Atterbury Survey and the North line of said Williams Survey,a distance of 648.87 feet to a 5/8 inch diameter iron rod marking the POINT OF BEGINNING and being the Southwest corner of said Pullium tract; THENCE North 89 degrees 32 minutes 50 seconds West,continuing along the South line of said Atterbury Survey and the North line of said Williams Survey,the North line of said Rice tract, the North line of a tract of land described to Darlene R.Ceilley,as recorded in Volume 4977, Page 504,C.C.D.R.,North line of a tract of land described to Edwin W.Klingbeil,as recorded in Volume 4977,Page 504,C.C.D.R.,and the North line of a tract of land described to Robert L. Klingbeil,as recorded in Volume 5250,Page 3809,C.C.D.R.,a distance of 1635.45 feet to a found 1/2 inch iron rod in concrete being the Southeast corner of the Twin Lakes Phase V subdivision,as recorded in Volume 5588,Page 3164,Collin County Plat Records,and marking the Southwest corner of the herein described tract; THENCE North 00 degrees 51 minutes 52 seconds East,leaving said common Survey line and along the East line of said Twin Lakes Phase V subdivision a distance of 1405.70 feet to a 5/8 inch diameter iron rod being the Northeast corner of said Twin Lakes Phase V Subdivision,and the South line of a tact of land described to Steven Combest,as recorded in Volume 3743,Page 219,C.C.D.R.,marking the Northeast corner of herein described tract; THENCE South 89 degrees 18 minutes 39 seconds East,along the south lines of said Combest tact,a tract of land described to Jesse Candenas,as recorded in Volume 4871,Page 1327, C.C.D.R,a tract of land described to Martha Sheppard,as recorded in Plat Book 84,Page 338, C.C.D.R.,a tract of land described to Terry and Casaundra Calisle,as recorded in Volume 3011, Page 202,C.C.D.R.,a tract of land described to Tames Heintz,as recorded in Volume 5400,Page 2520,C.C.D.R.,a tract of laud described to Billy D.Duncan,a tract of land described to James &Donna Trevino,as recorded in Volume 4501,Page 1617,C.C.D.R.,a tract of land described to Sandra Benton,as recorded in Volume 4761,Page 1510,C.C.D.R.,a tract of land described to Close Family Living Trust,as recorded in Volume 5249,Page 5919,C.C.D.R., a tract of land described to Sam Terry,a tract of land described to David&Julie Black,as recorded in 94- 0063489,C.C.D.R.,and a tract of land described to Marie&Sheri Little,as recorded in 93- 0080940,C.C.D.R.,a distance of 1492.50 feet to a found 1/2 inch diameter iron rod in a pecan tree,being the Northwest corner of a tract of land described to Brent&Beverly Bates,as recorded in 96-0018275,C.C.D.R.,for the North Northeast corner of the herein described tract; THENCE South 02 degrees 39 minutes 12 seconds East,along the west line of said Bates tract,a distance of 331.53 feet to a set la inch diameter iron rod with cap stamped"TRI TECH"being the Southwest corner of said Bates tract and an interior corner of the herein described tract; THENCE South 89 degrees 27 minutes 31 seconds East,along the south line of Said Bates tract, a distance 684.24 feet to a set 1/2 inch diameter iron rod with cap stamped"TRI-TECH"being the Southeast corner of said Bates tract and on the West right-of-way line of said F.M.544, marking the East Northeast corner of the herein described tract; THENCE South 02 degrees 37 minutes 38 seconds East,along the West right-of-way line of said F.M.544,a distance of 179.98 feet to a found 5/8 inch diameter iron rod; THENCE South 04 degrees 02 minutes 47 seconds East,continuing along the West right-of-way line of said FM.544,a distance 534.62 feet to a found 5/8 inch diameter iron rod being the Northeast corner of said Pullium tract and marking the East Southeast corner of herein described tract; THENCE North 89 degrees 32 minutes 51 seconds West,leaving said right-of-way and along the North line of said Pnllium tract,a distance of 621.02 feet to a found 5/8 inch dianietir iron rod being the Northwest corner of said Pullium tract and an interior corner of herein described tract; THENCE South 00 degrees 26 minutes 32 seconds West,along the West line of said Pullium tract,a distance of 354.7I feet to the POINT OF BEGINNING and containing 61.26 acres or 2,668,568 square feet. SAVE&EXCEPT: BEING,a tract of land situated in the AlIen Atterberry Survey,Abstract No.23,in the City of Wylie,Collin County Texas,being part of a 86.6 acre tract,as described in Volume 291, Page197,in the Deed Records of Collin County,Texas,being more particularly described as follows: BEGINNING,at a 5/8 inch iron rod found at the northeast corner of a 5.180 acre tract,as described in Volume 4590,Page 1895,in said Deed Records; • THENCE,North 89°32'51"West,with the north line of the 5.180 acre tract for a distance of 621.02 feet to a 5/8 inch iron rod found at the northwest corner of the 5.180 acre tract; THENCE,South 00°26'32"West,with the west line of the 5.180 acre tract for a distance of 354.71 feet to .4 inch iron rod set at the southwest corner of the 5.180 acre tract,being in the south line of said 86.6 acre tract; THENCE,North 89°32'50"West,with said south line for a distance of 1007.47 feet to a lA inch iron rod set; THENCE,North 00°27'10"East,departing said south line for a distance of 928.44 feet to a Y2 inch iron rod set; THENCE,South 48°45'11"East,for a distance of 509.17 feet to a%a inch iron rod set at the point of carvant=of a curve to the left,having a radius of 910.00 feet,a central angle of 40'47'40",and a tangent of 338.38 feet; THENCE,along said curve to the left for an arc distance of 647.92 feet(Chord Bearing South 69°09'01"East—634.32 feet),to a Va inch iron rod set at the point of tangency; THENCE,South 89°32'51"East,for a distance of 646.83 feet to a 1/2 inch iron rod set; THENCE.South 04°02'47"East,for a distance of 20.06 feet to the POINT OF BEGINNING and containing 13.330 acres eland. 09/14/2006 16:08 7139326951 RANDY DISHONGH PAGE 08/12 1 + I II'' ttII mm���II''�� II�IIII 3ENC4'JARii 1 _ ERV_E;,.LLC IlliI1111I�U�1�fI�1111f1�II111�11Ufl11111 s�o:I'LANC IX oLrr:�.i;v����•,�. 2005091980134611e 09/19/2006 09.52:58 AM DI UR 7 — 0 ICJ'1-1 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. GENERAL WARRANTY DEED WITH VENDOR'S LIEN Date: September 14,2006 Grantor: Michael H.Hood Grantor's Mailing Address: PMB 417 4212 San Felipe St. Houston,TX 77027-2902 Grantee: Alanis Crossing,Ltd.,a Texas limited partnership Grantee's Mailing Address: Two Turtle Creek Village 3838 Oak Lawn,Suite 1212 Dallas,Dallas County,Texas 75219 Consideration: Ten Dollars (S10.00) and other good and valuable consideration,and the execution and delivery by Grantee of a Promissory Note ('Note") of even date in the principal amount of Two Hundred Sixty Two Thousand and No/t00 dollars(S262,000.00),payable to the order of Capital One, N.A.,a national banking corporation("Lender"). The Note is secured by a vendor's lien retained in this deed and by a deed of trust of even date from Grantee to G. Scott Lewis, trustee(the"Deed of Trust"). Property: That certain real property situated in Collin County,Texas, and being more particularly described on Exhibit "A" attached hereto and incorporated herein by reference for all purposes, together with all benefits, privileges, easements, tenements,hereditaments,rights and appurtenances thereon or pertaining to such real property(the"Property"). Reservations from Conveyance: For Grantor and Grantor's heirs, successors, and assigns forever, Grantor reserves all oil,gas, and other minerals in and under and that may be produced from this Property; provided that Grantor waives and releases the right to enter on to the surface of the Property and/or above a depth of GENERAL WARRANTY DEED WITH VENDOR'S LIEN-Page 1 SEP 14,2006 14:57 7139326951 page 8 CO Q00601 900/346 ii 0 09/14/2886 16:08 7139326951 RANDY DISHONC#i PAGE 09/12 500 feet beneath the surface of the Property. If the mineral estate is subject to existing production or an existing lease, this reservation includes production, the lease, and all benefits from it. Nothing herein,however, restricts or prohibits the pooling or unitization of the portion of the mineral estate owned by Grantor with land other than Property;or the exploration or production of the oil, gas, and other minerals by means of wells that are drilled or mines that open on land other than the Property but enter or bottom under the Property. Exceptions to Conveyance and Warranty: The matters affecting title to the Property which are described on Exhibit "B" attached hereto, to the extent same are valid,in existence,and affect title to the Property, without reimposing same; and taxes for 2006, which Grantee assumes and agrees to pay, and subsequent assessments for that and prior years due to change in land usage, ownership, or both, the payment of which Grantee assumes. Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, 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 heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof. It is expressly agreed and stipulated that the vendor's lien and superior title are retained against the Property by Grantor,to the extent of the purchase price paid to Grantor for the Property,until the Note and all interest thereon are fully paid according to the face, tenor, effect and reading thereof,when this General Warranty Deed shall become absolute. The said Vendor's Lien and Superior Title herein retained arc hereby transferred,assigned,sold and conveyed to Lender, its successors and assigns, the Payee named in the Note, without recourse to Grantor. When the context requires,singular nouns and pronouns include the plural. t3/ j,2/ ) / ) 4' Michael H.Hood THE STATE OF TEXAS ) GENERAL WARRANTY DEED WITH VENDOR'S LIEN-Page 2 SEP 14,2006 14:57 7139326951 page 9 89/14/2006 16:08 7139326951 RANDY DISHONGH PAGE 10/12 3 COUNTY OF`4LAVIS ) Before me, the undersigned authority, on this day personally appeared MICHAEL H. HOOD,known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration herein expressed. Given under my hand and seal of office the \S ^day of S l'� 1 ber,2006. • 1th NOTAR i ., + IN AND FOR THE STATE OF TEXAS 46( et?!,� HARISH C. PATEL Notary Public.State Olives My Commission Expires %,,;;`+ March 28,2009 • J GENERAL WARRANTY DEED WITH VENDOR'S LIEN-Page 3 SEP 14,2006 14:57 7139326951 page 10 09/14/2006 16:08 7139326951 RANDY D1SHONGFi PAGE 04/12 4 • EXHIBIT"A" LEGAL DESCRIPTION HOOD(ALANIS CROSSING,LTD.) SELLER FINANCED 47.93 ACRE LEGAL DESCRIPTION Being a 61.26 acre tract of land located in the Allin Atterbery Survey,Abstract No.23,and a portion part of a called 86.6 acre tract described to S.H.Hood,as recorded in Volume 291,Page 167,Collin County Deed Records(C.C.D.R.),and being described by metes and bounds as follows; COMMENCING at a found 3/8 inch diameter iron rod located on the South line of said Allin Atterbery Survey,the North line of the D.W.Williams Survey,Abstract No.980,the Northeast corner of a tract of land described to Thelma Rice,as recorded in Volume 561,Page 266, C.C.D.R.,the Southeast corner of a tract of land recorded to Tommy&Toni Pulliam,as recorded in Volume 4590,Page 1895,C.C.D.R.,and the West right-of-way line of P.M.544(90' ROW),as recorded in Volume 568,Page 21,C.C.D.R.; THENCE North 89 degrees 32 minutes 50 seconds West,along the South line of said Atterbury Survey and the North line of said Williams Survey,a distance of 648.87 feet to a 5/8 inch diameter iron rod marking the POINT OF BEGINNING and being the Southwest corner of said Pullium tract; THENCE North 89 degrees 32 minutes 50 seconds West,continuing along the South line of said Atterbury Survey and the North line of said Williams Survey,the North line of said Rice tract, the North line of a tract of land described to Darlene R.Ceilley,as recorded in Volume 4977, Page 504,C.C.D.R.,North line of a tract of land described to Edwin W.Klingbeil,as recorded in Volume 4977,Page 504,C.C.D.R.,and the North line of a tract of land described to Robert L. Klingbeil,as recorded in Volume 5250,Page 3809,C.C.D.R.,a distance of 1635.45 feet to a found 1/2 inch iron rod in concrete being the Southeast corner of the Twin Lakes Phase V subdivision,as recorded in Volume 5588,Page 3164,Collin County Plat Records,and marking the Southwest corner of the herein described tract; THENCE North 00 degrees 51 minutes 52 seconds East,leaving said common Survey line and along the East line of said Twin Lakes Phase V subdivision a distance of 1405.70 feet to a 5/8 inch diameter iron rod being the Northeast corner of said Twin Lakes Phase V Subdivision,and the South line of a tract of land described to Steven Combest,as recorded in Volume 3743,Page 219,C.C.D.R.,marking the Northeast corner of herein described tract; THENCE South 89 degrees 18 minutes 39 seconds East,along the south lines of said Combest tract,a tract of land described to Jesse Candenas,as recorded in Volume 4871,Page 1327, C.C.D.R,a tract of land described to Martha Sheppard,as recorded in Plat Book 84,Page 338, C.C.D.R.,a tract of land described to Terry and Casaundra Calisle,as recorded in Volume 3011, GENERAL WARRANTY DEED WITH VENDOR'S LIEN-Page 4 SEP 14,2006 14:55 7139326951 page 4 09/14/2006 16:00 7139326951 RANDY DISHQNGN PAGE 85/12 5 Page 202,C.C.D.R.,a tract of land described to James Heintz,as recorded in Volume 5400,Page 2520,C.C.D.R.,a tract of land described to Billy D.Duncan,a tract of land described to James &Donna Trevino,as recorded in Volume 4501,Page 1617,C.C.D.R.,a tract of land described to Sandra Benton,as recorded in Volume 4761,Page 1510,C.C.D.R.,a tract of land described to Close Family Living Trust,as recorded in Volume 5249,Page 5919,C.C.D.R., a tract of land described to Sam Terry,a tract of land described to David&Julie Black,as recorded in 94- 0063489,C.C.D.R.,and a tract of land described to Merle&Sheri Tittle,as recorded in 93- 0080940,C.C.D.R.,a distance of 1492.50 feet to a found 1/2 inch diameter iron rod in a pecan tree,being the Northwest corner of a tract of land described to Brent&Beverly Bates,as recorded in 96-0018275,C.C.D.R.,for the North Northeast corner of the herein described tract; THENCE South 02 degrees 39 minutes 12 seconds East,along the west line of said Bates tract,a distance of 331.53 feet to a set 1/2 inch diameter iron rod with cap stamped"TRI-TECH"being the Southwest corner of said Bates tract and an interior corner of the herein described tract; THENCE South 89 degrees 27 minutes 31 seconds East,along the south line of Said Bates tract, a distance 684.24 feet to a set 1/2 inch diameter iron rod with cap stamped"TRI-TECH"being the Southeast corner of said Bates tract and on the West right-of-way line of said F.M.544, marking the East Northeast comer of the herein described tract; THENCE South 02 degrees 37 minutes 38 seconds East,along the West right-of-way line of said F.M.544,a distance of 179.98 feet to a found 5/8 inch diameter iron rod; THENCE South 04 degrees 02 minutes 47 seconds East,continuing along the West right-of-way line of said FM.544,a distance 534.62 feet to a found 5/8 inch diameter iron rod being the Northeast corner of said Pullium tract and marking the East Southeast corner of herein described tract; THENCE North 89 degrees 32 minutes 51 seconds West,leaving said right-of-way and along the North line of said Pullium tract,a distance of 621.02 feet to a found 5/8 inch diameter iron rod being the Northwest corner of said Pullium tract and an interior corner of herein described tract; THENCE South 00 degrees 26 minutes 32 seconds West,along the West line of said Pullium tract,a distance of 354.71 feet to the POINT OF BEGINNING and containing 61.26 acres or 2,668,568 square feet. SAVE&EXCEPT: BEING,a tract of land situated in the Alien Atterberry Survey,Abstract No.23,in the City of Wylie,Collin County Texas,being part of a 86.6 acre tract,as described in Volume 291, Page197,in the Deed Records of Collin County,Texas,being more particularly described as follows: BEGINNING,at a 5/8 inch iron rod found at the northeast corner of a 5.180 acre tract,as described in Volume 4590,Page 1895,in said Deed Records; GENERAL WARRANTY DEED WITH VENDOR'S LIEN-Page S SEP 14,2006 14:56 7139326951 page 5 89/14/2806 16:88 7139326951 RANDY DISHONGH PAGE 06/12 6 THENCE,North 89°32'51"West,with the north line of the 5.180 acre tract for a distance of 621.02 feet to a 5/8 inch iron rod found at the northwest corner of the 5.180 acre tract; THENCE,South 00°26'32"West,with the west line of the 5.180 acre tract for a distance of 354.71 feet to lh inch iron rod set at the southwest corner of the 5.180 acre tract,being in the south line of said 86.6 acre tract; THENCE,North 89°32'50"West,with said south line for a distance of 1007.47 feet to a'/s inch iron rod set; THENCE,North 00°27'10"East,departing said south lime for a distance of 928.44 feet to a Vs inch iron rod set; THENCE,South 48°45'11"East.for a distance of 509.17 feet to aVs inch iron rod set at the point of curvature of a curve to the left,having a radius of 910.00 feet,a central angle of 40°47'40",and a tangent of 338.38 feet; THENCE,along said curve to the left for an arc distance of 647.92 feet(Chord Bearing South 69°09'01"East—634.32 feet),to a VI inch iron rod set at the point of tangency; THENCE.South 89°32'51"East,for a distance of 646.83 feet to a V inch iron rod set; THENCE,South 04°02'47"East,for a distance of 20.06 feet to the POINT OF BEGINNING and containing 13.330 acres of land. GENERAL WARRANTY DEED WITH VENDOR'S LIEN-Page 6 SEP 14,2006 14:56 7139326951 page 6 .................... 89 14/2886 16:88 7139326951 _ --- .. RANDY DI5i 10NGH PAGE 07/12 7 EXII!BIT"B» EXCEPTIONS TO CONVEYANCE AND WARRANTY (a) Easement for water pipe line from Doctor Marianna Hood, heir of Mrs. S.H. Hood to East Fork Water Supply Corporation, dated July 12, 1988, filed November 14, 1988,recorded in Volume 2950,Page 256,Deed Records,Collin County, Texas, as shown on survey prepared by Corwin Engineering, dated September,2006("Survey"). (b) Utility casement from Michael H. Hood to City of Wylie,dated August 29,2002, filed December 23, 2002, recorded in Volume 5322,Page 2456, Deed Records, Collin County,Texas,as shown on the Survey. (c) WYE inlet located along the western property line,as shown on the Survey. GENERAL WARRANTY DEED WIT$VENDOR'S LIEN-Page 1 SEP 14,2006 24:56 7139326951 page 7 � �------------'--- -------'--------�-------------- --------------------------------n ! | | | � | � � � / � ' � � | � i Filed and Recorded m/^*al Public Records Brenda Taylor, County Clark Collin County, TEXAS 09119/2006 09.S2.58 "x owxmSNOPP 2006091e001346110 � " SERviCES.LIG :.: OC LEGACY DRIVE. ti 0 ii `` �, Pt.ANO IX 75024 ���I�UI�A�I�IM��,, 11Uf I11i��1 09:52:59 an DT tl1R you OeV2 -�T us) 200609190 09/19/2006 DEED OF TRUST Terms Date: September 14,2006 Grantor: ALANIS CROSSING,LTD.,a Texas limited partnership Grantor's Mailing Address: Two Turtle Creek Village 3838 Oak Lawn,Suite 1212 Dallas,Dallas County,Texas 75219 Trustee: Randy Dishongh Trustee's Mailing Address: 800 Gessner Rd Suite 1200 Houston,Texas 77024 Lender: Michael H. Hood Lender's Mailing Address: PMB 417 4212 San Felipe St. Houston,TX 77027-2902 Note Date: September 14,2006 Original principal amount: $916,962.85 Borrower: Alanis Crossing,Ltd.,a Texas limited partnership Lender. Michael H.Hood Maturity date: September 14,2011 Property(including any improvements): That certain real property situated in Collin County, Texas, and being more particularly described on Exhibit "A" attached hereto and incorporated herein by reference. Prior Lien: None. Other Exceptions to Conveyance and Warranty: The matters set forth on Exhibit"B"attached DEED OF TRUST—Page 1 . 1)006 . (,`HOC; O //90 0/317/( /30 2 hereto and made a part hereof. For value received and to secure payment of the Note, Grantor conveys the Property to Trustee in trust. Grantor warrants and agrees to defend the title to the Property, subject to the Other Exceptions to Conveyance and Warranty.On payment of the Note and all other amounts secured by this Deed of Trust,this Deed of Trust will have no further effect,and Lender will release it at Grantor's expense. Clauses and Covenants A. Grantor's Obligations Grantor agrees to— 1. keep the Property in good repair and condition; 2. pay all taxes and assessments on the Property before delinquency; 3. defend title to the Property subject to the Other Exceptions to Conveyance and Warranty and preserve the lien's priority as it is established in this Deed of Trust; 4. obey all laws,ordinances,and restrictive covenants applicable to the Property; 5. notify Lender of any change of address. B. Lender's Rights 1. Lender may appoint in writing a substitute trustee, succeeding to all rights and responsibilities of Trustee. 2. If the proceeds of the Note are used to pay any debt secured by prior liens, Lender is subrogated to all the rights and liens of the holders of any debt so paid. 3. Notwithstanding note terms to the contrary, and unless applicable law prohibits, all payments received by Lender from Grantor under the Note or this Deed of Trust may,at Lender's discretion,be applied first to amounts payable under this Deed of Trust and then to amounts due and payable to Lender under the Note, to be applied to late charges, principal,or interest in the order Lender in its discretion determines. 4. Subject to the terms of this Deed of Trust and the Note,if Grantor fails to perform any of Grantor's obligations, and such failure continues for more than fifteen (15) days following written notice thereof from Lender to Grantor, Lender may perform those obligations and be reimbursed by Grantor on demand for any amounts so paid,including attorney's fees,plus interest on those amounts from the dates of payment at the rate stated in the Note for matured, unpaid amounts.The amount to be reimbursed will be secured by this Deed of Trust. DEED OF TRUST—Page 2 3 5. If there is a default on the Note or if Grantor fails to perform any of Grantor's obligations under this Deed of Trust, and any such default or failure continues for more than fifteen (15) days after written notice thereof from Lender to Grantor, Lender may, at any time before such default or failure is cured— a. declare the unpaid principal balance and earned interest on the Note immediately due; b. direct Trustee to foreclose this lien, in which case Lender or Lender's agent will cause notice of the foreclosure sale to be given as provided by the Texas Property Code as then in effect;and c. purchase the Property at any foreclosure sale by offering the highest bid and then have the bid credited on the Note. 6. Lender may remedy any default without waiving it and may waive any default without waiving any prior or subsequent default. C. Trustee's Rights and Duties If directed by Lender to foreclose this lien,Trustee will- 1. either personally or by agent give notice of the foreclosure sale as required by the Texas Property Code as then in effect; 2. sell and convey all or part of the Property"AS IS"to the highest bidder for cash with a special warranty binding Grantor,subject to the Prior Lien and to the Other Exceptions to Conveyance and Warranty and without representation or warranty,express or implied,by Trustee; 3. from the proceeds of the sale,pay,in this order— a. expenses of foreclosure,including a reasonable commission to Trustee; b. to Lender,the full amount of principal,interest, attorney's fees,and other charges due and unpaid; c. any amounts required by law to be paid before payment to Grantor,and d. to Grantor,any balance;and 4. be indemnified by Lender against all costs, expenses, and liabilities incurred by Trustee for acting in the execution or enforcement of the trust created by this Deed of Trust, which includes all court and other costs,including attomey's fees,incurred by Trustee in defense of any action or proceeding taken against Trustee in that capacity. DEED OF TRUST—Page 3 4 D. General Provisions 1. If any of the Property is sold under this Deed of Trust, Grantor must immediately surrender possession to the purchaser. If Grantor fails to do so, Grantor will become a tenant at sufferance of the purchaser,subject to an action for forcible detainer. 2. Recitals in any trustee's deed conveying the Property will be presumed to be true. 3. Proceeding under this Deed of Trust, filing suit for foreclosure, or pursuing any other remedy will not constitute an election of remedies. 4. This lien will remain superior to liens later created even if the time of payment of all or part of the Note is extended or part of the Property is released. 5. If any portion of the Note cannot be lawfully secured by this Deed of Trust, payments will be applied first to discharge that portion. 6. Grantor assigns to Lender all amounts payable to or received by Grantor from condemnation of all or part of the Property, from private sale in lieu of condemnation, and from damages caused by public works or construction on or near the Property.After deducting any expenses incurred, including attorney's fees and court and other costs, Lender will either release any remaining amounts to Grantor or apply such amounts to reduce the Note. Lender will not be liable for failure to collect or to exercise diligence in collecting any such amounts. Grantor will immediately give Lender notice of any actual or threatened proceedings for condemnation of all or part of the Property. 7. Grantor assigns to Lender absolutely, not only as collateral, all present and future rent and other income and receipts from the Property. Grantor warrants the validity and enforceability of the assignment. Grantor may as Lender's licensee collect rent and other income and receipts as long as Grantor is not in default under the Note or this Deed of Trust. Grantor will apply all rent and other income and receipts to payment of the Note and performance of this Deed of Trust, but if the rent and other income and receipts exceed the amount due under the Note and Deed of Trust,Grantor may retain the excess. If Grantor defaults in payment of the Note or performance of this Deed of Trust,Lender may terminate Grantor's license to collect rent and other income and then as Grantor's agent may rent the Property and collect all rent and other income and receipts. Lender neither has nor assumes any obligations as lessor or landlord with respect to any occupant of the Property. Lender may exercise Lender's rights and remedies under this paragraph without taking possession of the Property. Lender will apply all rent and other income and receipts collected under this paragraph first to expenses incurred in exercising Lender's rights and remedies and then to Grantor's obligations under the Note and this Deed of Trust in the order determined by Lender. Lender is not required to act under this paragraph,and acting under this paragraph does not waive any of Lender's other rights or remedies. If Grantor becomes a voluntary or involuntary debtor in bankruptcy, Lender's DEED OF TRUST—Page 4 5 filing a proof of claim in bankruptcy will be deemed equivalent to the appointment of a receiver under Texas law. 8. Interest on the debt secured by this Deed of Trust will not exceed the maximum amount of nonusurious interest that may be contracted for, taken,reserved, charged, or received under law. Any interest in excess of that maximum amount will be credited on the principal of the debt or, if that has been paid,refunded. On any acceleration or required or permitted prepayment, any such excess will be canceled automatically as of the acceleration or prepayment or,if already paid, credited on the principal of the debt or, if the principal of the debt has been paid,refunded.This provision overrides any conflicting provisions in this and all other instruments concerning the debt. 9. In no event may this Deed of Trust secure payment of any debt subject to chapters 342, 343,345,or 346 of the Texas Finance Code or create a lien otherwise prohibited by law. 10. When the context requires,singular nouns and pronouns include the plural. 11. The term Note includes all extensions and renewals of the Note and all amounts secured by this Deed of Trust. 12. Grantor represents to Lender that no part of the Property is exempt as homestead from forced sale under the Texas Constitution or other laws. 13. Grantor agrees to furnish on Lender's request evidence satisfactory to Lender that all taxes and assessments on the Property have been paid when due. 14. This Deed of Trust binds, benefits, and may be enforced by the successors in interest of all parties. 15. If Grantor and Borrower are not the same person,the term Grantor includes Borrower. 16. Grantor and each surety, endorser, and guarantor of the Note waive all demand for payment, presentation for payment, notice of intention to accelerate maturity, notice of acceleration of maturity,protest,and notice of protest,to the extent permitted by law. 17. Grantor agrees to pay reasonable attorneys fees, trustee's fees,and court and other costs of enforcing Lender's rights under this Deed of Trust if this Deed of Trust is placed in the hands of an attorney for enforcement and Lender is the prevailing party. 18. If any provision of this Deed of Trust is determined to be invalid or unenforceable, the validity or enforceability of any other provision will not be affected. 19. The debt evidenced by the Note is in part payment of the purchase price of the Property; the debt is secured both by this Deed of Trust and by a vendor's lien on the Property, which is expressly retained in a deed to Grantor of even date.This Deed of Trust does not waive the vendor's lien,and the two liens and the rights created by this Deed of Trust are DEED OF TRUST—Page 5 6 • cumulative. Lender may elect to foreclose under either of the Iiens without waiving the other or may foreclose under both. 20. Neither Grantor nor its successors or assigns, shall be or ever become personally or individually liable for the payment or performance of any covenant,condition,or term of the Note or this Deed of Trust. In the event of default,the sole recourse of the holder of the Note and Deed of Trust shall be to foreclose the liens arising under this Deed of Trust and/or the Vendor's Lien described above, and Grantor and its successor and assigns shall not be liable for any deficiency that may arise in connection therewith. 2l. Lender or the then holder of the Note agrees, at any time and from time to time, upon request by Grantor,or any subsequent owner of the Property,to deliver to Grantor or any subsequent owner of the Property an estoppel certificate certifying, representing and warranting: [a] that the holder of the Note is the legal and equitable owner and holder of the Deed of Trust and the Note, [b] the unpaid principal balance of the Note, [a] the date to which interest has been paid on the Note, [d] that no defaults have occurred which have not been cured or waived under the Note, the Deed of Trust or any agreement securing the payment of the Note or executed in connection therewith, or if any such defaults have occurred and have not been cured or waived,specifying each suOh default and certifying that there are no other defaults,[e]that no event or condition exits which, with notice or lapse of time or both could constitute a default under the Note or any instrument securing said Note, and [f] that the Note and Deed of Trust have not been modified,altered or amended except as specifically set out in such certificate. 22. The Lender, on request of the Grantor,or the then owner of the Property, shall execute, acknowledge and deliver such subordination,releases,documents,instruments,consents and assurances, as may be reasonably required to enable the owner of the Property to cause the Property to be zoned,platted,subdivided,or dedicated for public use as streets, easements,and other grants or sales to the public. 23. Lender shall release the portions of the Property described on Exhibit "C" attached hereto from this Deed of Trust and from the vendor's lien retained in the Special Warranty Deed for the Property executed by Lender in favor of Grantor, subject to the terms of and upon payment by Grantor to Lender of principal payments in the amounts set forth on Exhibit"C"attached hereto. At the time a partial release is requested, the Grantor requesting the release must furnish to the Lender a calculation of area by field notes and a plat of survey,indicating the area requested to be released and its relationship to the portion of the Property previously released. All expenses incident to the granting of partial releases will be borne by the Grantor,including but not limited to the cost of the survey,Lender's attorney's fees,and recording costs. [SIGNATURES BEGIN ON NEXT PAGE] DEED OF TRUST—Page 6 7 GRANTOR: ALANIS CROSSING, LTD., a Texas limited partnership By: ALANIS CROSSING GP CORPORATION, a Texas corporation, General Partner //, By:, i� = Richard 41 THE STATE OF TEXAS ) COUNTY OF Altai ) Before me, the undersigned authority, on this day personally appeared Richard M. Skorburg, President of ALANIS CROSSING GP CORPORATION, a Texas corporation, General Partner of ALANIS CROSSING,LTD.,a Texas limited partnership,known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office the I r day of September,2006. LElikate- 4 r ; '` S NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS DEED OF TRUST—Page 7 8 EXHIBIT"A" LEGAL DESCRIPTION Being a 61.26 acre tract of land located in the Allin Atterbery Survey,Abstract No.23,and a portion part of a called 86.6 acre tract described to S.H.Hood,as recorded in Volume 291,Page 167,Collin County Deed Records(C.C.D.R.),and being described by metes and bounds as follows; COMMENCING at a found 3/8 inch diameter iron rod located on the South line of said Allin Atterbery Survey,the North line of the D.W.Williams Survey,Abstract No.980,the Northeast corner of a tract of land described to Thelma Rice,as recorded in Volume 561,Page 266, C.C.D.R.,the Southeast corner of a tract of land recorded to Tommy&Toni Pulliam,as recorded in Volume 4590,Page 1895,C.C.D.R.,and the West right-of-way line of F.M.544(90' ROW),as recorded in Volume 568,Page 21,C.C.D.R.; THENCE North 89 degrees 32 minutes 50 seconds West,along the South line of said Atterbury Survey and the North line of said Williams Survey,a distance of 648.87 feet to a 5/8 inch diameter iron rod marking the POINT OF BEGINNING and being the Southwest corner of said Pullium tract; THENCE North 89 degrees 32 minutes 50 seconds West,continuing along the South line of said Atterbury Survey and the North line of said Williams Survey,the North line of said Rice tract, the North line of a tract of land described to Darlene R.Ceilley,as recorded in Volume 4977, Page 504,C.C.D.R.,North line of a tract of land described to Edwin W.Klingbeil,as recorded in Volume 4977,Page 504,C.C.D.R.,and the North line of a tract of land described to Robert L. Klingbeil,as recorded in Volume 5250,Page 3809,C.C.D.R.,a distance of 1635.45 feet to a found 1/2 inch iron rod in concrete being the Southeast corner of the Twin Lakes Phase V subdivision,as recorded in Volume 5588,Page 3164,Collin County Plat Records,and marking the Southwest corner of the herein described tract; THENCE North 00 degrees 51 minutes 52 seconds East,leaving said common Survey line and along the East line of said Twin Lakes Phase V subdivision a distance of 1405.70 feet to a 5/8 inch diameter iron rod being the Northeast corner of said Twin Lakes Phase V Subdivision,and the South line of a tract of land described to Steven Combest,as recorded in Volume 3743,Page 219,C.C.D.R.,marking the Northeast corner of herein described tract; THENCE South 89 degrees 18 minutes 39 seconds East,along the south lines of said Combest tract,a tract of land described to Jesse Candenas,as recorded in Volume 4871,Page 1327, C.C.D.R,a tract of land described to Martha Sheppard,as recorded in Plat Book 84,Page 338, C.C.D.R.,a tract of land described to Terry and Casaundra Calisle,as recorded in Volume 3011, Page 202,C.C.D.R.,a tract of land described to James Heintz,as recorded in Volume 5400,Page 2520,C.C.D.R.,a tract of land described to Billy D.Duncan,a tract of land described to James &Donna Trevino,as recorded in Volume 4501,Page 1617,C.C.D.R.,a tract of land described to Sandra Benton,as recorded in Volume 4761,Page 1510,C.C.D.R.,a tract of land described to DEED OF TRUST-Page 8 9 Close Family Living Trust,as recorded in Volume 5249,Page 5919,C.C.D.R., a tract of land described to Sam Terry,a tract of land described to David&Julie Black,as recorded in 94- 0063489,C.C.D.R.,and a tract of land described to Merie&Sheri Little,as recorded in 93- 0080940,C.C.D.R.,a distance of 1492.50 feet to a found 1/2 inch diameter iron rod in a pecan tree,being the Northwest corner of a tract of land described to Brent&Beverly Bates,as recorded in 96-0018275,C.C.D.R.,for the North Northeast corner of the herein described tract; THENCE South 02 degrees 39 minutes 12 seconds East,along the west line of said Bates tract,a distance of 331.53 feet to a set 1/2 inch diameter iron rod with cap stamped"TRI-TECH"being the Southwest corner of said Bates tract and an interior corner of the herein described tract; THENCE South 89 degrees 27 minutes 31 seconds East,along the south line of Said Bates tract, a distance 684.24 feet to a set 1/2 inch diameter iron rod with cap stamped "TRI-TECH"being the Southeast corner of said Bates tract and on the West right-of-way line of said F.M.544, marking the East Northeast corner of the herein described tract; THENCE South 02 degrees 37 minutes 38 seconds East,along the West right-of-way line of said F.M.544,a distance of 179.98 feet to a found 5/8 inch diameter iron rod; THENCE South 04 degrees 02 minutes 47 seconds East,continuing along the West right-of-way line of said FM. 544,a distance 534.62 feet to a found 5/8 inch diameter iron rod being the Northeast corner of said Pullium tract and marking the East Southeast corner of herein described tract; THENCE North 89 degrees 32 minutes 51 seconds West,leaving said right-of-way and along the North line of said Pullium tract,a distance of 621.02 feet to a found 5/8 inch diameter iron rod being the Northwest corner of said Pullium tract and an interior corner of herein described tract; THENCE South 00 degrees 26 minutes 32 seconds West,along the West line of said Pullium tract,a distance of 354.71 feet to the POINT OF BEGINNING and containing 61.26 acres or 2,668,568 square feet. SAVE&EXCEPT: BEING,a tract of land situated in the Allen Atterberry Survey,Abstract No.23,in the City of Wylie,Collin County Texas,being part of a 86.6 acre tract,as described in Volume 291, Pagel 97,in the Deed Records of Collin County,Texas,being more particularly described as follows: BEGINNING,at a 5/8 inch iron rod found at the northeast corner of a 5.180 acre tract,as described in Volume 4590,Page 1895,in said Deed Records; THENCE,North 89°32'5I"West,with the north line of the 5.180 acre tract for a distance of 621.02 feet to a 5/8 inch iron rod found at the northwest corner of the 5.180 acre tract; DEED OF TRUST—Page 9 10 THENCE,South 00°26'32"West,with the west line of the 5.180 acre tract for a distance of 354.71 feet to'A inch iron rod set at the southwest corner of the 5.180 acre tract,being in the south line of said 86.6 acre tract; THENCE,North 89°32'50"West,with said south line for a distance of 1007.47 feet to a'A inch iron rod set; THENCE,North 00°27'10"East,departing said south line for a distance of 928.44 feet to a'A inch iron rod set; THENCE,South 48°45'11"East,for a distance of 509.17 feet to a''A inch iron rod set at the point of curvature of a curve to the left,having a radius of 910.00 feet,a central angle of 40°47'40",and a tangent of 338.38 feet; THENCE,along said curve to the left for an arc distance of 647.92 feet(Chord Bearing South 69°09'01"East—634.32 feet),to a'A inch iron rod set at the point of tangency; THENCE,South 89°32'51"East,for a distance of 646.83 feet to a'A inch iron rod set; THENCE,South 04°02'47"East,for a distance of 20.06 feet to the POINT OF BEGINNING and containing 13.330 acres of land. DEED OF TRUST—Page 10 11 • EXHIBIT"B" OTHER EXCEPTIONS TO CONVEYANCE AND WARRANTY (a) Easement for water pipe line from Doctor Marianna Hood, heir of Mrs. S.H. Hood to East Fork Water Supply Corporation, dated July 12, 1988, filed November 14, 1988, recorded in Volume 2950,Page 256, Deed Records, Collin County, Texas, as shown on survey prepared by Corwin Engineering, dated September,2006("Survey"). (b) Utility easement from Michael H.Hood to City of Wylie,dated August 29,2002, filed December 23, 2002, recorded in Volume 5322, Page 2456, Deed Records, Collin County,Texas,as shown on the Survey. DEED OF TRUST—Page 11 12 EXHIBIT"C" RELEASE PROVISIONS Grantor will be entitled to partial releases of the lien of this Deed of Trust and the vendor's lien securing the Note on the following terms and conditions: (a) In addition to the release of the Alanis Drive ROW (hereinafter defined) as is described below,the Grantee shall be entitled to receive one(1)partial release prior to payment in full of the Note. (b) The release tract will contain a minimum fifteen (15) acres by either of the following configurations: (i) All of Tract II as shown on Exhibit C-1;or (ii) A configuration mutually agreed to by Grantor and Lender. (c) Except with respect to the release of the Alanis Drive ROW as described belo ,releases will be granted upon Grantor's payment of principal against the outstanding valance of the Note, whether regularly scheduled or otherwise. The number of acres to be released with respect to each such principal payment will be calculated by multiplying$28,734.97 times the number of acres of land contained within the applicable release tract (the product thus obtained will be the `Release Price"). Credit for partial releases will be granted for all prior payments of principal made under the Note. Release payments will be credited to the regularly scheduled payments due under the Note in the direct order of maturity. (d) The release instrument shall be executed,acknowledged and delivered by the Beneficiary contemporaneously with the payment of the Release Price. (e) Grantor agrees to release from the lien of the Deed of Trust and the vendor's lien securing the Note the portion of the Property required for the Alanis Drive Right-of-Way (the "Alanis Drive ROW")(approximately 5.704 acres)as shown on Exhibit C-1 within seven (7)days of the request of Purchaser. This release shall be at no cost to Purchaser. With the exception of this release all releases shall be exclusive of(i.e., will not include) the Alanis Drive ROW. DEED OF TRUST—Page 12 13 . 1 I r.r4+.� ; Walt c-1 i F.V.544 t90'a.0.W.) 1 . w j ' I . i i 1 __..__ ' '� _a •• i . i ;1 I i .4 i ij --------------- i k �r -----. = / toy I .i_ z -:/// o--, / ____ li 1 i 1 it I .a_w_�. I ; ---1---r-i__i___-- , 1E1 - I r� L JL 1 1 _ __t. J_____L - - _ 1-_L_-l..J_✓1 i Ilk t, " r_--i i It • • I DEED OF TRUST—Page 13 14 Filed and Recorded Official Public Records Sranda Taylor, County Clerk Collin County, TEXAS OS11912054 0952,58 AM SO.00 WM* 204080Si9M34030 tx$74iR AwAtiv2iikd Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: January 9, 2007 Item Number: H Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: Date Prepared: 12/22/06 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, reimbursement to Braddock Place Estates, Ltd., in an amount not to exceed $153,777.00, for easements related to the Twin Lakes Outfall Sewer line. Recommendation Motion to approve the reimbursement to Braddock Place Estates, Ltd. in an amount not to exceed$153,777.00. Discussion On February 14, 2006 Council approved a development agreement with Braddock Place Estates, Ltd. The agreement specifies that the City shall reimburse the developer for the cost of the offsite sewer line. The project is identified in the Capital Program, Sewer Impact Fees, and the Water and Sewer Rate Study. Easements are needed from nine property owners and approximately half of the easements have been acquired based on the attached compensation letter. In general, the compensation for an easement is based on 50% of the appraised value for a permanent easement and 10% of the appraised value for a temporary construction easement. The sewer impact fee report included $15 per linear foot for easement acquisition or a total of$186,000 for this project. The total project cost identified in the report is $4,254,300. The current sewer impact fee fund balance is approximately$4,800,000. Approved By Initial Date Department Director CH 12/22/06 City Manager 13107 Page 1 of 1 Braddock Place Estates, Ltd. By Braddock Place Estates,GP Corporation 3838 Oak Lawn Ave.,Suite 1212'Dallas,TX 75219 Phone:214-522-0945•Fax: 214-522-7244 September 13,2006 Chris Hoisted,P.E. City Engineer City of Wylie 2000 HWY 78 Wylie,TX 75098 Re:Right-of-Way Acquisition Dear Chris: Below is a table that details out the approximate monetary compensation which will be required for obtaining right-of-way for the Twin Lakes Outfall Sanitary Sewer Line. Land Right-of- Value $for $for Property Owner Way Temporary per acre ROW Temp Total Robbins Property No.2 Ltd. 2.598 2.165 $30,000 $38,970 $6,495 $45,465 Dan Edward Staring 0.691 0.505 $30,000 $10,365 $1,515 $11,880 Michael R.Campbell 0.280 0.400 $30,000 $4,200 $1,200 $5,400 Steve Conkle** 0.729 1.110 $30,000 $10,935 $3,330 $14,265 Larry D. Morgan** 0.264 0.426 $30,000 $3,960 $1,278 $5,238 Cecil Hale** 0.357 0.598 $30,000 $5,355 $1,794 $7,149 Wilma Jean Turner 0.760 1.267 $30,000 $11,400 $3,801 $15,201 Total (contacted) $85,185 $19,413 $104,598 Southwestern Medical Foundation 2.206 2.159 $30,000 $33,090 $6,477 $39,567 Ronny Lynn Klingbeil 0.475 0.829 $30,001 $7,125 $2,487 $9,612 Total(not contacted) $40,215 $8,964 $49,179 Grand Total $125,400 $28,377 $153,777 **Indicates a request for sewer line redesign. These numbers are approximate and will change upon redesign of the sewer line. Tree mitigation is not included in these numbers. The approximate cost for tree mitigation is$250 per 3"caliper tree. Mitigation shall be determined on an individual property owner basis. Please contact me if you have any questions regarding this matter or these calculations. Cordially, onathan ouness Project Manager DEVELOPMENT AGREEMENT BETWEEN THE CITY OF WYLIE AND BRADDOCK PLACE ESTATES,LTD. THIS DEVELOPMENT AGREEMENT (the "Agreement") is made and entered into by and between Braddock Place Estates, Ltd., a Texas Limited Partnership and Braddock Place Holdings, Ltd., a Texas Limited Partnership (collectively the "Developer"), and the City of Wylie, Texas (the "City"). The Developer and the City are hereinafter collectively called the "Parties". WHEREAS, Developer desires to and shall develop the Property as a Planned Development in accordance with the City's Ordinance No. 2005-24, the Comprehensive Zoning Ordinance No. 2001-48 (the "Zoning Ordinance"), the Subdivision Regulation Ordinance No. 2003-03 (the "Subdivision Regulations") and any other applicable City ordinance, as they all currently exist, including amendments, or may be amended; To the extent there is any conflict between Planned Development Ordinance No. 2005-24 and the Zoning Ordinance, the terms of Planned Development Ordinance No. 2005-24 shall prevail; and WHEREAS, Subchapter C, Chapter 212, Local Government Code, provides, in pertinent part, that City and Developer may, among other things, contract to allow the Developer to construct public improvements; and WHEREAS, the Developer desires to defer a portion of the dedication of approximately 28 acres of park to the City required by Chapter 78, Article IV of the City's Code of Ordinances (the"Parkland Dedication Ordinance"); and WHEREAS, a lift station and a sanitary sewer main line within Twin Lakes Outfall are needed to serve all or some of the residential lots reflected on Exhibit "B" to be developed by Developer(said residential lots hereinafter referred to as the"Project"); and WHEREAS,the Developer and Wylie have agreed that this Agreement is the best way to proportionately share in costs of the necessary infrastructure to serve the Project in accordance with the terms set forth below; and WHEREAS, City is entitled to collect impact fees for sewer utilities, as described in City Ordinance No. 90-10, as amended or supplemented by City Ordinance Nos. 93-4 and 97-4,2001- 19, 2001-42, and 2001-56 and any other Ordinances amending or supplementing impact fees, whether now existing or in the future arising, including but not limited to any ordinance adopted to establish roadway impact fees after execution of this Agreement(collectively,the"Impact Fee Ordinances");and NOW, THEREFORE, in consideration of the covenants and conditions contained in this Agreement,the Parties agree as follows: 1. Land Subject to Agreement. The land that is the subject of this Agreement is more particularly described in Exhibit "A", attached hereto and incorporated as if fully set forth herein (the Development Agreement Between the City of Wylie and Braddock Place Estates,Ltd. Page 1 442854.v3 final gs)07 fin/ "Property"). Developer represents it will be the sole owner of the Property. 2. Off-site Sanitary Sewer Line. Developer acknowledges that the construction of a sanitary sewer main from the Twin Lakes Lift Station to the Muddy Creek Regional Wastewater Treatment Plant is necessary to serve all or a portion of the Project(the"Sewer Line"). A. Easements for Sewer Line.The City shall secure all easements or other right of access determined by City to be necessary for the Sewer Line(the "Easements"). B. Construction of Sewer Line. To facilitate the development of the Sewer Line, Developer shall obtain a detailed quote or offer of costs for Developer to construct the Sewer Line ("Developer's Quote"). Developer's Quote shall be obtained by Developer and submitted to the City upon receipt,but not later than sixty (60)days after Developer receives from the City the information and documents necessary to obtain the quote or offer. City shall review Developer's Quote and may compare it with bids received by the City. If City does not award a contract to one of its bidders, then Developer shall construct the Sewer Line in accordance with Developer's Quote and dedicate it to the City. City shall notify Developer that it has awarded a contract or that it has rejected all bids within three(3)business days of making such decision. If City notifies Developer that it has rejected all bids, Developer shall submit its final contract for construction to City for approval, which shall not be unreasonably withheld. Developer shall cause construction of the Sewer Line to begin within forty-five (45) days of receipt of notice from the City that it approves of the contract and will actively continue construction until the Sewer Line is complete and accepted by the City. In the event that the Developer fails to comply with its obligations in this paragraph, City may continue with its own plans and timeline for construction of the Sewer Line that it had prior to this Agreement. C. Reimbursement of Sewer Line Costs. If Developer constructs the Sewer Line in accordance with paragraph 2.B. above, Developer will be entitled to reimbursement by the City of One Hundred Percent (100%) of the amount of Developer's Quote or Developer's actual costs, whichever is less. The City agrees to reimburse Developer on a monthly basis for costs incurred within twenty (20) days of receipt of invoice for the portion of the Sewer Line that is constructed. Developer shall not cause work to be performed, or approve any contract amendments(or series or group of amendments), which will result in an aggregate increase in the contract price in an amount greater than twenty percent (20%) of Developer's Quote, or which will result in an extension of the time for completion of the Sewer Line or change in types of materials or methods of construction being used under the contract, unless the Developer shall have received City's prior written approval of such amendment. In the event that the Developer fails to secure such approval, the contract shall be deemed not to have been modified by such amendment and Developer shall not be entitled to reimbursement for any amounts contained in the amendment. The City represents to Developer that sufficient funds are available to fully reimburse Developer for the cost of the Project. 3. Capital Improvement Plan. City acknowledges and represents to Developer that the Sewer Line is included in the City's Capital Improvements Plan. Development Agreement Between the City of Wylie and Braddock Place Estates,Ltd. Page 2 442854.v3 final /j�i�(Q Joe `3v11",—i T 4. Water and Sewer Impact Fees. Developer acknowledges that the Property is subject to the Impact Fee Ordinances. Developer is not receiving any credit towards water or sewer impact fees under this Agreement and this Agreement does not alter the City's right to assess and collect water and sewer impact fees against the Property pursuant to the Impact Fee Ordinances. 5. Road Improvements and Impact Fees. A. Developer shall not be required to widen FM 544 or Vinson Road. The home builders within the portion of the Property platted as Phase 1, containing eighty-five (85) lots shown on the approved Preliminary Plat attached hereto as Exhibit`B",will pay a fee to the City for every lot at the time of building permit issuance in an amount of one thousand dollars ($1,000.00) per lot ("Lot Fee"), for a total of eighty-five thousand dollars ($85,000.00). The City shall not issue a building permit for a lot until the Lot Fee is paid. All future phases shall be subject to the Impact Fee Ordinances, including but not limited to any ordinances adopting roadway impact fees. Developer acknowledges the City was in the process of adopting a roadway impact fee ordinance at the time of execution of this Agreement. B. In the event the Lot Fee is less than the roadway impact fees adopted by the City, the Developer shall pay City the difference between the amount of roadway impact fees adopted multiplied by eighty-five lots and eighty-five thousand dollars ($85,000.00). For demonstration purposes only, if roadway impact fees are subsequently adopted in the amount of$1,250.00 per single-family residential lot then Developer would owe City $21,250.00, which is $250.00 multiplied by 85. In the event the Lot Fee is greater than the roadway impact fees adopted by the City, the City shall pay Developer the difference between eighty-five thousand dollars ($85,000.00) and the amount of the Lot Fee subtracted from the roadway impact fees adopted. For demonstration purposes only, if roadway impact fees are subsequently adopted in the amount of$800.00 per single-family residential lot then City would owe Developer$17,000.00, which is $200.00 multiplied by 85. Any amount owed by either party pursuant to this paragraph 5.B. shall be paid to the other party upon release by the City of the final plat for filing of the second phase. If Developer owes money to the City pursuant to this paragraph 5.B., the City shall not release the final plat for the second phase for filing until full payment is received. C. All phases of the Project, except for Phase 1, shall be assessed and shall pay roadway impact fees in accordance with the Impact Fee Ordinances. 6. Parkland Dedication. To satisfy its obligations under the Parkland Dedication Ordinance, the Developer shall dedicate approximately twenty-eight (28) acres to satisfy the park dedication requirements for the Project as more particularly depicted as Tract 1 and Tract 2 being approximately fourteen (14) acres each on Exhibit "C", attached hereto and incorporated as if fully set forth herein (the "Park"). The Park land shall be dedicated to the City in three (3) phases as follows: A. The final plat for Phase 1 of the Project shall dedicate the western half of Tract 1, being approximately five (5) acres, as parkland to the City, free and clear of any liens and encumbrances,other than existing utility easements; and 6/06 Development Agreement Between the City of Wylie and Braddock Place Estates,Ltd. Page 3 442854.v3 final �, pp, 1 B. The final plat for Phase 2 of the Project shall dedicate the eastern half of Tract 1, being approximately nine (9) acres, as parkland to the City, free and clear of any liens and encumbrances,other than existing utility easements; and C. The final plat for Phase 3 of the Project shall dedicate all of Tract 2, being approximately fourteen (14) acres, as parkland to the City, free and clear of any liens and encumbrances, other than existing utility easements. 7. Construction of North-South Road Connection between Elm Drive and Phase I. The street labeled "Street AF" on Exhibit "B" shall be constructed by Developer, at Developer's sole cost and expense, as a concrete residential street with the same street section as Phase 1 (the "AF Street Improvements"). The City shall not issue any building permits for the second phase of the Property until the AF Street Improvements are completed by Developer and accepted by the City. The right of way for Street AF shall be dedicated to City by Developer on the Phase 1 final plat. Developer, at Developer's sole cost and expense, shall construct(and remove if temporary) any other improvements, whether temporary or permanent, necessary to allow safe and continuous vehicle access across the Property from Elm Road to FM 544. For purposes of this paragraph 7., "continuous" shall mean that Developer shall use its best efforts to maintain continuous access and in no case shall access be unavailable for more than twenty-four (24) hours in a seven (7) day period. After removing temporary improvements, Developer shall restore the surface of the Property to substantially the same condition in which it existed prior to the temporary improvements being constructed. 8. Formation of Homeowner's Association and Landscaping along FM 544. Developer shall provide for the formation of a homeowners' association. The homeowners' association shall own and be responsible for the maintenance of the common areas and greenbelts located within the boundaries of the Property (to be described on the subject plats), including any and all respective appurtenances (such as, without limitation, landscaping, screening walls irrigation, equipment, related structures, other homeowners' association infrastructure, etc.) (the "HOA Property"). Every owner of a lot within the Property shall be a member of the homeowners' association. The homeowners' association shall provide for the payment of dues and assessments required to maintain the HOA Property. The homeowners' association documents must be filed for record with the county concurrently with the filing of each final plat for the Property. City hereby grants the homeowners' association a revocable and non-assignable license for right-of-entry to install and maintain landscaping and irrigation equipment in the City's right-of-way along FM 544, with such right-of-way being depicted on Exhibit"D", which is attached hereto and incorporated as is fully set forth herein. This license may be revoked by the City providing thirty (30) days notice to the homeowner's association, if determined necessary by the City's Engineer for the City to fully enjoy or protect its right-of-way. 9. Continuity. This Agreement shall be a covenant running with the land and shall be binding upon the Developer, its officers, directors, partners, employees, representatives, agents, successors, assignees, vendors, grantees and/or trustees. In addition, the parties shall cause this Agreement to be filed in the Land Records of Dallas County and Collin County. Development Agreement Between the City of Wylie and Braddock Place Estates,Ltd. Page 4 3/(s'G' 442854.v3 final 10. Sovereign Immunity. Except for the obligations set forth in this Agreement, Developer and City agree that City has not waived its sovereign immunity by entering into and performing its obligations under this Agreement. This Agreement is only for the benefit of the parties and the City has not waived its sovereign immunity as to any third parties. The parties do not intend to create any third party beneficiaries by entering into this Agreement. 11. Notices. Any notice provided or permitted to be given under this Agreement must be in writing and may be served by depositing same in the United State Mail, addressed to the party to be notified, postage pre-paid and registered or verified with return receipt requested, or by delivering the same in person to such party via a hand-delivery service, Federal Express or any courier service that provides a return receipt showing the date factual delivery of same to the addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notice,the addresses of the parties shall be as follows: If to Developer to: Braddock Place Estates, Ltd. 3838 Oak Lawn, Suite 1212 Dallas,Texas 75219 Attention: Richard M. Skorburg With a copy to: Art Anderson. Winstead Sechriest&Minick 5400 Rennaisance Tower Dallas,Texas 75201 If to City, to: Mark B. Roath City Manager 2000 Highway 78 North Wylie,Texas 75098 With a copy to: Julie Y. Fort Abernathy,Roeder,Boyd&Joplin,P.C. 1700 Redbud Blvd., Suite 300 McKinney,TX 75069 12. PARTIES' ACKNOWLEDGMENT OF CITY'S COMPLIANCE WITH FEDERAL AND STATE CONSTITUTIONS, STATUTES AND CASE LAW AND FEDERAL, STATE AND LOCAL ORDINANCES, RULES AND REGULATIONS/DEVELOPER'S WAIVER AND RELEASE OF CLAIMS FOR OBLIGATIONS IMPOSED BY THIS AGREEMENT. Development Agreement Between the City of Wylie and Braddock Place Estates,Ltd. Page 5 442854.v3 final 0814 (,b5A y// A. THE PARTIES ACKNOWLEDGE AND AGREE THAT: 1. THE PUBLIC IMPROVEMENTS TO BE CONSTRUCTED AND/OR PAID FOR BY THE DEVELOPER AND/OR THE FEES TO BE IMPOSED BY THE CITY REGARDING THE PROPERTY DO NOT CONSTITUTE A: (a) TAKING UNDER THE TEXAS OR UNITED STATES CONSTITUTION; (b) VIOLATION OF THE TEXAS WATER CODE, AS IT EXISTS OR MAY BE AMENDED; (c) NUISANCE;AND/OR (d) CLAIM FOR DAMAGES AND/OR REIMBURSEMENT AGAINST THE CITY FOR A VIOLATION OF ANY FEDERAL AND/OR STATE CONSTITUTION, STATUTE AND/OR CASE LAW AND/OR FEDERAL, STATE AND/OR LOCAL ORDINANCE,RULE AND/OR REGULATION. 2. THE AMOUNT OF DEVELOPER'S FINANCIAL OR INFRASTRUCTURE CONTRIBUTION (AFTER RECEIVING ALL CONTRACTUAL OFFSETS, CREDITS AND REIMBURSEMENTS, IF ANY) AGREED TO IN THIS AGREEMENT IS ROUGHLY PROPORTIONAL TO THE DEMAND THAT DEVELOPER'S DEVELOPMENT PLACES ON THE ROADWAY, WATER AND/OR SANITARY SEWER SYSTEM OF THE CITY. 3. DEVELOPER SHALL INDEMNIFY AND HOLD HARMLESS THE CITY FROM ANY CLAIMS AND SUITS OF THIRD PARTIES,INCLUDING BUT NOT LIMITED TO DEVELOPER'S PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNEES, VENDORS, GRANTEES, AND/OR TRUSTEES, BROUGHT PURSUANT TO THIS PARAGRAPH. B. DEVELOPER RELEASES THE CITY FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION BASED ON EXCESSIVE OR ILLEGAL EXACTIONS. C. DEVELOPER WAIVES ANY CLAIM FOR DAMAGES AND/OR REIMBURSEMENT AGAINST THE CITY FOR A VIOLATION OF ANY FEDERAL AND/OR STATE CONSTITUTION,STATUTE AND/OR CASE LAW AND/OR FEDERAL,STATE AND/OR LOCAL ORDINANCE,RULE AND/OR REGULATION. THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 13. Vested Rights/Chapter 245 Waiver. Nothing in this Agreement shall be implied to vest any rights in the parties. In addition, nothing contained in this Agreement shall constitute a "permit" as defined in Chapter 245, Texas Local Government Code. DEVELOPER WAIVES ANY STATUTORY CLAIM UNDER CHAPTER 245 OF THE TEXAS LOCAL GOVERNMENT CODE UNDER THIS AGREEMENT,EXCEPT FOR CLAIMS UNDER CHAPTER 245 BASED UPON THE PRELIMINARY PLAT FOR PHASE 1 OF THE PROPERTY THAT WAS APPROVED PRIOR TO THE EXECUTION OF THIS AGREEMENT. THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. Development Agreement Between the City of Wylie and Braddock Place Estates,Ltd. Page 6 /01 442854.v3 final 3/ (0 r 14. Attorney's Fees. In any legal proceeding brought to enforce the terms of this Agreement, including but not limited to a proceeding brought pursuant to ¶ 12 or 13 above, the prevailing party may recover its reasonable and necessary attorneys' fees from the non-prevailing party as permitted by Section 271.159 of the Texas Local Government Code, effective on September 1, 2005 or as it may subsequently be amended. 15. Construction. All construction will be in accordance with applicable Ordinances and Codes of City. Evidence of any bonds required by Section 212.073 of the Texas Local Government Code,or other applicable law, shall be provided by Developer to the City. 16. Compliance with Ordinances. The parties hereto acknowledge this Agreement is limited to setting forth the obligations created by the Parkland Dedication Ordinance and that the Property shall be subject to the Impact Fee Ordinances. City ordinances covering on-site improvements, property taxes, tap fees, utility rates, subdivision regulations and the like are not affected by this Agreement. Unless expressly stated herein, this Agreement does not waive or limit the obligations of Developer to City under any other ordinance, whether now existing or in the future arising. 17. Miscellaneous. a. Assignment. This Agreement is assignable upon the following conditions: i. the assignment of the Agreement must be evidenced by a recordable document. The recordable document referred to in this paragraph is subject to the approval of City; ii. at the time of any assignment, Developer must give the assignee written notice that any and all obligations, covenants and/or conditions contained in the Agreement will be assumed solely and completely by the assignee; iii. Developer will file any approved, executed assignment in the Land Records of Collin County,Texas;and iv. Developer shall provide City with the name, address, phone number, fax number and the name of a contact person for the assignee. b. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the mutual written agreement of the parties hereto. c. Venue. This Agreement shall be construed in accordance with the laws of the State of Texas and shall be performable in Collin County,Texas. Development Agreement Between the City of Wylie and Braddock Place Estates,Ltd. Page 7 442854.v3 final 3;.k,6 1�,�e6 d. Consideration. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. e. Counterparts. This Agreement may be executed in a number of identical counterparts,each of which shall be deemed an original for all purposes. f. Authority to Execute. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. g. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns. h. Savings/Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect nay other provision thereof, and this Agreement shall be construed as if such invalid illegal or unenforceable provision had never been contained herein. i. Representations. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. j. Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. k. Waiver. Waiver by either party of any breach of this Agreement, or the failure of either party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or waive such party's right thereafter to enforce and compel strict compliance. 1. Force Majeure. If performance by either party of any term, condition or covenant in this Agreement is delayed or prevented by an act of God, strike, lockout, shortage of material or labor, any federal or state law or any order, rule or regulation or governmental authority, civil riot, flood, or any other cause not within the control of the party, the period for Development Agreement Between the City of Wylie and Braddock Place Estates,Ltd. Page 8 442854.v3 final MAR 'Z)/(y/O 6 �f y(t'6 performance of the term, condition or covenant shall be extended for a period equal to the period said party is so delayed or prevented. m. Reference to Developer. When referring to "Developer" herein, this Agreement shall refer to and be binding upon the Developer, and its respective, officers, directors, partners, employees, representatives, contractors, agents, successors, assignees, vendors,grantees and/or trustees. n. Recitals Incorporated. The recitals set forth above are incorporated as if set forth herein and the parties relied upon the accuracy of the recitals when entering into this Agreement. o. Exhibits Incorporated. Each exhibit attached to this Agreement and referenced above is incorporated into this Agreement for all purposes as if fully set forth herein. IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective on the last date written below. CITY OF WYLIE,TEXAS, BRADDOCK PLACE ESTATES,LTD., a municipal corporation a Texas limited partnership By: Braddock Place Estates GP Corporation, its general partner By: 0/eaG.. "f I By: Mark B. }oth, City Manager Richard M. kor ur reside t Date: 3//f/06 Date: S BRADDOCK PLACE HOLDINGS,LTD. a Texas limited partnership By: Braddock Place Holdings GP Corporation, its general partner By: Z Richard M. o s. nt. ' Date: Development Agreement Between the City of Wylie and Braddock Place Estates,Ltd. Page 9 442854.v3 final M kb STATE OF TEXAS § § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally appeared Mark B. Roath, the City Manager of the CITY OF WYLIE, TEXAS, a municipal corporation, known to me to be one of the persons whose names are subscribed to the foregoing instrument; he acknowledged to me he is the duly authorized representative for the CITY OF WYLIE, TEXAS and he executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS f 7ift) day of �i/RCN , 2006. /' ) e% o II Notary Publi!n and for the State of Texas '0'n'' GAYLE WALTON Myi `, My Commission Expires ► Commission Expires:�J u�y A,/aoo 9 t ,von July 16.2009 STATE OF TEXAS § § COUNTY OF 1) uQS § BEFORE ME, the undersigned authority, on this day personally appeared Richard M. Skorburg, the President of BRADDOCK PLACE ESTATES GP CORPORATION, general partner of BRADDOCK PLACE ESTATES LTD., a Texas limited partnership, known to me to be one of the persons whose names are subscribed to the foregoing instrument;he acknowledged to me he is the duly authorized representative for BRADDOCK PLACE ESTATES, LTD., and he executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS &It day of 1YJRi gii ,2006. • ,,.aw, of li in and r e tate of Texas �.'"!"Y.,'� KACIE E. HEINZE MyCommission Expires: D'.' Notary Public.State of Texas p � �lg, � My Commission Expires 'a;,;; ;v� October 19,2008 N Development Agreement Between the City of Wylie and Braddock Place Estates,Ltd. Page 10 442854.v3 final 3/r7�0�0 STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned authority, on this day personally appeared Richard M. Skorburg, the President of BRADDOCK PLACE HOLDINGS GP Corporation, general partner of BRADDOCK PLACE HOLDINGS, LTD, a Texas limited partnership,known to me to be one of the persons whose names are subscribed to the foregoing instrument; he acknowledged to me he is the duly authorized representative for BRADDOCK PLACE HOLDINGS, LTD., and he executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS /5* day of in//00 ,2006. _0 ;a KACIE E. HEINZE �I Notary Public,State of Texas N a P c ' and f9 t tate of Texas I3.• My Commission Expires °;Zat<;e October 19,zoos My Commission Expires: j,�(,+bp�►Ct, {'j �N111,1\ Development Agreement Between the City of Wylie and Braddock Place Estates,Ltd. Page 11 442854.v3 final $� EXHIBIT A LEGAL DESCRIPTION BEING a 184.8951 acre tract of land situated in the E. M. PRICE SURVEY, ABSTRACT NO. 725, the D. W. WILLIAMS SURVEY, ABSTRACT NO. 980, the NATHANIEL ATTERBERRY SURVEY, ABSTRACT NO. 1099, and the WILLIAM SUTTON SURVEY, ABSTRACT NO. 860,Collin County,Texas, and the E. M. PRICE SURVEY,ABSTRACT NO. 1114, Dallas County, Texas, said tract being all of a 53.42 acre tract of land and a 134.33 acre tract of land conveyed by deed to Mrs. Thelma Rice by Lone Star Boat Co., recorded in Volume 561, Page 266 Deed Records, Collin County, Texas, (D.R.C.C.T.) save and except parcels take for road rights of way and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod found for corner and being the intersection of the westerly line of said 134.33 acre tract of land with the northerly line of Vinson Road (a 60' ROW) said intersection point being at the most easterly corner of Twin Creek Estates, an addition to the City of Wylie,recorded in Volume 72,Page 808, Map Records,Dallas County,Texas; THENCE North 47 degrees 41 minutes 51 seconds West, along an old fence line, and on the easterly line of said Twin Creek Estates, a distance of 1276.47 feet to a 1/2 inch iron rod found for corner; THENCE North 47 degrees 43 minutes 58 seconds West, continuing along said old fence line and on said Twin Creek Estates easterly line, a distance of 360.95 feet to a 1/2 inch iron rod found for corner; THENCE northwesterly, along an old fence line, the following three(3)calls: (1) THENCE North 47 degrees 01 minutes 33 seconds West, a distance of 218.23 feet to a 1/2 inch iron rod found for corner; (2) THENCE North 47 degrees 31 minutes 52 seconds West, a distance of 404.96 feet to a 1/2 inch iron rod found for corner; (3) THENCE North 47 degrees 18 minutes 48 seconds West, a distance of 327.40 feet to a 1/2 inch iron rod found for corner and being the most northerly corner of a tract of land conveyed by deed to Larry Morgan, recorded in Volume 1449,Page 264 D.R.C.C.T.; THENCE South 48 degrees 28 minutes 56 seconds West, along a new fence and remains of old fence, and the northwesterly line of said Larry Morgan tract of land, a distance of 262.83 feet to a 3/8 inch iron rod found for corner; THENCE South 34 degrees 24 minutes 05 seconds West, continuing on a new fence line and the northwesterly line of said Larry Morgan tract of land to a point in an old fence line, a distance of 115.79 feet a 1/2 inch iron rod set for corner; Development Agreement Between the City of Wylie and Braddock Place Estates,Ltd. Page 12 442854.v3 final 04 THENCE northerly, along an old fence line and along the meanderings of a creek bluff the following nine(9)calls: (1) THENCE North 16 degrees 10 minutes 57 seconds West, a distance of 184.51 feet to a 3/8 inch iron rod found for corner; (2)THENCE North 10 degrees 56 minutes 33 seconds East, a distance of 60.71 feet to a 3/8 inch iron rod found for corner; (3) THENCE North 14 degrees 46 minutes 10 seconds West, a distance of 37.08 feet to a 3/8 inch iron rod found for corner; (4) THENCE North 26 degrees 15 minutes 15 seconds West, a distance of 200.07 feet to a 3/8 inch iron rod found for corner; (5) THENCE North 23 degrees 31 minutes 48 seconds West, a distance of 56.70 feet to a 3/8 inch iron rod found for corner; (6) THENCE South 79 degrees 02 minutes 43 seconds West, a distance of 98.71 feet to a 1/2 inch iron rod set for corner; (7) THENCE North 14 degrees 51 minutes 31 seconds West, a distance of 228.87 feet to a 1/2 inch iron rod set for corner; (8) THENCE North 03 degrees 51 minutes 19 seconds West, a distance of 77.26 feet to a 1/2 inch iron rod set for corner; (9) THENCE North 01 degrees 22 minutes 06 seconds East, a distance of 120.14 feet to an 18 inch Elm tree found for corner also serving as fence corner and being a point on the southerly line of said D. W. Williams Survey; THENCE easterly, along an old fence line, along the south line of said D. W. Williams Survey, the following four(4): (1) THENCE South 89 degrees 46 minutes 03 seconds East, a distance of 659.55 feet to a 1/2 inch iron rod set for corner; (2) THENCE South 89 degrees 51 minutes 16 seconds East, a distance of 212.12 feet to a 1/2 inch iron rod found for corner; (3) THENCE South 89 degrees 38 minutes 47 seconds East, a distance of 1135.88 feet to a 3/8 inch iron rod found for corner; (4) THENCE South 89 degrees 56 minutes 14 seconds East, a distance of 168.67 feet to a 1/2 inch iron rod found for corner; THENCE North, a distance of 532.51 feet to a 1/2 inch iron rod found for corner; THENCE South 88 degrees 01 minutes 19 seconds East, a distance of 19.78 feet to a 3/8 inch iron rod found for corner and being a point in a public road; THENCE North, along the east line of the Wolfe Tract recorded under C.C.F.N. 92-0002420 D.R.C.C.T.,32.50 feet to a 1/2 inch iron rod set for corner; THENCE South 89 degrees 19 Minutes 12 Seconds East, with the south line of the East Fork Special Utility Tract recorded under C.C.F.N. 93-0045690 D.R.C.C.T., 16.76 feet to a 3/4 inch iron pipe found for corner; Development Agreement Between the City of Wylie and Braddock Place Estates,Ltd. Page 13 442854.v3 final WQ 3,,a,� THENCE North 00 degrees 44 minutes 34 seconds West, along the east line of the Ceilly tract recorded in Volume 2898,Page 783 D.R.C.C.T.,passing a 3/4 inch iron rod found at 147.58 feet and continuing for a total distance of 662.06 feet to a 1/2 inch iron rod set for corner; THENCE North 00 degrees 43 minutes 47 seconds West, with the east line of said Ceilley Tract, 641.34 feet to a 1/2 inch iron rod set for corner and being the northeast corner of a tract of land conveyed by Darlene Ceilley recorded in Volume 5020, page 2287, D.R.C.C.T., and being a point on the south line of the A. ATTERBERRY SURVEY,ABSTRACT NO. 23, said point also being the northeast corner of said Ceilley Tract and also being in a tract of land conveyed by deed to Michael Hood,recorded in County Clerk's File No. 95-0056731, D.R.C.C.T.; THENCE East, along the south line of said A. ATTERBERRY SURVEY, and along the of the south line of said Hood tract of land, a distance of 1220.11 feet to a 1/2 inch iron rod found for corner,and being a point on the westerly line of Farm to Market Road 544(a 90'R.O.W.); THENCE along the westerly line of said Farm to Market Road 544 the following eight(8)calls: (1) THENCE South 04 degrees 31 minutes 19 seconds East, passing a wooden right of way marker at a distance of 208.24 feet and continuing for a total distance of 211.90 feet to a 1/2 inch iron rod set for corner and being the beginning of a non-tangent curve to the right having a central angle of 04 degrees 57 minutes 44 seconds, a radius of 2819.79 feet and a chord which bears South 02 degrees 02 minutes 28 seconds East, a distance of 244.14 feet for corner; (2) THENCE southeasterly, along the said curve to the right, a distance of 244.21 feet to a 1/2 inch iron rod found for corner and being the end of said curve; (3) THENCE South 00 degrees 28 minutes 42 seconds West, a distance of 1217.75 feet to a 1/2 inch iron rod set for corner; (4) THENCE South 00 degrees 52 minutes 55 seconds East, a distance of 108.89 feet to a 3/8 inch iron rod found for corner and being the beginning of a cutback line in said Farm to Market 544 westerly line; (5) THENCE South 44 degrees 16 minutes 48 minutes West, a distance of 37.41 feet to a 1/2 inch iron rod set for corner; (6)THENCE South 00 degrees 52 minutes 55 seconds East,passing the common property line of said 134.33 acre and 53.42 acre at a distance of 20.00 feet and continuing for a total distance of 40.00 feet to a 1/2 inch iron rod set for corner; (7)THENCE South 44 degrees 27 minutes 55 seconds East, a distance of 38.48 feet to a 1/2 inch iron rod set for corner; (8) THENCE South 00 degrees 52 minutes 55 seconds East, a distance of 1926.55 feet to a 1/2 inch iron rod set for corner; THENCE South 48 degrees 20 minutes 46 seconds West, a distance of 65.70 feet to a 1/2 inch iron rod set for corner; THENCE North 88 degrees 30 minutes 46 seconds East, a distance of 133.60 feet to a 1/2 inch iron rod set for corner and being a point on a County Public Access Road; Development Agreement Between the City of Wylie and Braddock Place Estates,Ltd. Page 14 442854.v3 final 1, !`.3/i THENCE South 47 degrees 02 minutes 55 seconds East, along said County Public Road, a distance of 136.82 feet to a 1/2 inch iron rod set for corner; THENCE South 89 degrees 59 minutes 18 seconds West, along the North line of a tract of land conveyed by deed to Bill Kreymer in Volume 222, Page 423 of the Deed Records, Dallas County,Texas,a distance of 372.73 feet to a 1/2 inch iron rod set for corner; THENCE South 36 degrees 59 minutes 18 seconds West, along the northwesterly line of a dedicated portion of Vinson Road and the northwesterly line of said Kreymer tract of land, a distance of 1094.11 feet to a 1/2 inch iron rod set for corner and being the northwesterly corner of said Bill Kreymer tract of land and the southwesterly corner of said 134.33 acre tract of land; THENCE North 46 degrees 12 minutes 49 seconds West, crossing Vinson Road, a distance of 175.74 feet to the POINT OF BEGINNING and containing 8,054,028.6735 sq. ft. or 184.8951 acres of land. SAVE AND EXCEPT: BEING A 13.2455 ACRE TRACT OF LAND SITUATED IN THE D.W. WILLIAMS SURVEY, ABSTRACT NO. 980, COLLIN COUNTY, TEXAS, SAID TRACT BEING A PART OF A 53.42 ACRE TRACT OF LAND CONVEYED BY DEED TO MRS. THELMA RICE BY LONE STAR BOAT CO., RECORDED IN VOLUME 561 PAGE 266 DEED RECORDS, COLLIN COUNTY, TEXAS, ( D.R.C.C.T.), SAVE AND EXCEPT PARCELS TAKEN FOR ROAD RIGHT OF WAY AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 1/2 INCH IRON ROD FOUND IN THE WESTERLY RIGHT-OF- WAY LINE OF FARM TO MARKET ROAD 544 ( A 90' R.O.W.) AND BEING THE SOUTHEAST CORNER OF A TRACT OF LAND CONVEYED BY DEED TO MICHAEL HOOD,RECORDED IN COUNTY CLERK'S FILE NO. 95-0056731,D.R.C.C.T.; THENCE ALONG THE WESTERLY LINE OF SAID FARM TO MARKET ROAD 544 THE FOLLOWING; THENCE SOUTH 04 DEGREES 31 MINUTES 19 SECONDS EAST, PASSING AT A DISTANCE OF 208.24 FEET, A WOODEN RIGHT-OF-WAY MARKER AND CONTINUING FOR A TOTAL DISTANCE OF 211.90 FEET TO A 1/2 INCH IRON ROD FOUND AT THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 04 DEGREES 57 MINUTES 44 SECONDS, A RADIUS OF 2,819.79 FEET AND A CHORD WHICH BEARS SOUTH 02 DEGREES 02 MINUTES 28 SECONDS EAST,244.14 FEET; THENCE SOUTHEASTERLY, ALONG THE SAID CURVE TO THE RIGHT AN ARC LENGTH OF 244.21 FEET TO A 1/2 INCH IRON ROD FOUND AT THE END OF SAID CURVE; Development Agreement Between the City of Wylie and Braddock Place Estates,Ltd. Page 15 442854.v3 final �3 THENCE SOUTH 00 DEGREES 28 MINUTES 42 SECONDS WEST, PASSING A 1/2 INCH IRON ROD FOUND AT 158.58 FEET, IN THE NORTHWESTERLY LINE OF A 170 FOOT WIDE TEXAS MUNICIPAL POWER AGENCY EASEMENT, RECORDED IN VOLUME 1320, PAGE 464,D.R.C.C.T. AND CONTINUING FOR A TOTAL OF 193.48 FEET TO A 1/2 INCH IRON ROD SET FOR CORNER MARKING THE POINT OF BEGINNING; THENCE CONTINUING WITH THE WESTERLY RIGHT-OF-WAY LINE OF FARM TO MARKET ROAD 544, SOUTH 00 DEGREES 28 MINUTES 41 SECONDS WEST, 110.30 FEET TO A 1/2 INCH IRON ROD SET FOR CORNER; THENCE DEPARTING THE WESTERLY LINE OF FARM TO MARKET ROAD, NORTH 89 DEGREES 31 MINUTES 19 SECONDS WEST, 50.00 FEET TO A 1/2 INCH IRON ROD SET FOR CORNER AND BEING THE BEGINNING OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 66 DEGREES 50 MINUTES 53 SECONDS, A RADIUS OF 467.50 FEET AND A CHORD WHICH BEARS SOUTH 57 DEGREES 03 MINUTES 15 SECONDS WEST, 515.03 FEET; THENCE SOUTHWESTERLY, ALONG THE SAID CURVE TO THE LEFT, AN ARC LENGTH OF 545.44 FEET TO A 1/2" IRON ROD SET FOR CORNER, BEING THE END OF SAID CURVE AND THE BEGINNING OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 76 DEGREES 51 MINUTES 09 SECONDS, A RADIUS OF 532.50 FEET AND A CHORD WHICH BEARS SOUTH 62 DEGREES 03 MINUTES 22 SECONDS WEST, 661.90 FEET; THENCE NORTHWESTERLY, ALONG SAID CURVE TO THE RIGHT, AN ARC LENGTH OF 714.26 FEET TO A 1/2 INCH IRON ROD SET FOR CORNER, BEING THE END OF SAID CURVE AND THE BEGINNING OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 10 DEGREES 28 MINUTES 57 SECONDS,A RADIUS OF 967.50 FEET AND A CHORD WHICH BEARS NORTH 84 DEGREES 45 MINUTES 32 SECONDS WEST, 176.76 FEET TO A 1/2 INCH IRON ROD SET FOR CORNER AND BEING THE SOUTHWEST CORNER OF SAID TRACT BEING DESCRIBED; THENCE NORTH, ALONG THE EAST LINE OF THE WOLFE TRACT RECORDED UNDER C.C.F.N. 92-0002420 D.R.C.C.T., 32.50 FEET TO A 1/2 INCH IRON ROD SET FOR CORNER; THENCE SOUTH 89 DEGREES 19 MINUTES 12 SECONDS EAST, WITH THE SOUTH LINE OF THE EAST FORK SPECIAL UTILITY DISTRICT PROPERTY RECORDED UNDER C.C.F.N. 93-0045690 D.R.C.C.T., 16.76 FEET TO A 3/4 INCH PIPE FOUND FOR CORNER; THENCE NORTH 00 DEGREES 44 MINUTES 34 SECONDS WEST, ALONG THE EAST LINE OF SAID EAST FORK SPECIAL UTILITY DISTRICT TRACT AND THE EAST LINE OF THE CEILLY TRACT RECORDED IN VOLUME 2898, PAGE 783 D.R.C.C.T.,PASSING A 3/4 INCH IRON ROD FOUND AT 147.58 FEET, CONTINUING A TOTAL DISTANCE OF 662.06 FEET TO A 1/2 INCH IRON ROD SET FOR CORNER; Development Agreement Between the City of Wylie and Braddock Place Estates,Ltd. Page 16 442854.v3 final PiA tr THENCE SOUTH 89 DEGREES 31 MINUTES 19 SECONDS EAST, 1235.74 FEET TO THE POINT OF BEGINNING AND CONTAINING 576,972 GROSS SQUARE FEET OR 13.2455 GROSS ACRES OF LAND. Development Agreement Between the City of Wylie and Braddock Place Estates,Ltd. Page 17 442854.v3 final pia 31, " Exhibit"B" Preliminary Plat ..........:ii-,,... -1 ." a s i t 2 ! s))) /� 1 S5 f3. CT Si / / 11 g '� XI (. `/ !t]itlt 7 2 l l : s.14' f, +'s .t<. ,...3i k. —= :t ryes 400/01 -a--' `.i - rr;9 _ c ,c 4 , ' _.r....,„ ssa.f.aaEt E ( — . e i ,..,::-'. „.- ,..ik: S t _ 1 f ,".'.�" 1 is irih iC ,i ! \N,4,.it Iticr,,,,.."1`"�I ( yw- rem i fr. _ e 1 . ce.'' �.1r4...F..t Si.P" e� 1 1TA:r." . —, .1 0 i c / "" ,t ,ffitil.iikr"--rr.4i-et lik, I !assri !!: •••••,:f. la lidgei 41111111.1tIA ' -,IN WI, 1,„Ika*A .Witik..,T;(-4-ip , • i ries%11. S.iii".213.intaartillY it ‘,,t,-.1.1210,,,, ....,...4 ,,, - , II ` ` IVO:at:SW.4k 01014 i i if .r."R,. .r .1— • z2VA'sZ,1�' ?73'�"-a 3+ 3--'sst-ir rs=._•.•�..._ ,,xs z..sc•• 9/114'' '• ,��,V*1''' • :.iL7Ji3 .:rSBLLT.SiS Y2 #Qt........�..........+. ki'"S t i.- F "TY .r M el Development Agreement Between the City of Wylie and Braddock Place Estates,Ltd. Page 18 'Qt 442854.v3 final i• /� 3/r? Exhibit "C" Parka , 1 3.•aEH 3RAEE OUR ,, TARO r!O.0.E. 'i fOR OINEr EYEMGM[EM51 1 P 1i�11�111 i p iz Ffa*aiir o POTENTIAL •✓'. ELEAENr ' 1 .,.. \ 4/ / /,,/,%4Ittrpan I 11 -,i-uttn--12-,::,.';, \ipevp ..., i. /./.. ,/ N. 0.4...„- _..... . „„,,, ..,:s. , ....40., ..... ../A41 ,4,,,..,.....„ ....„, ia! ii Development Agreement Between the City of Wylie and Braddock Place Estates,Ltd. Page 19 442854.v3 final •� � 1 Exhibit "D" Landscape in ROW Waitttemitasi .r11 Ll it art, is: l IIIII ; am. , . sows sort , / i iP_rail,15"" # ! ; 3 ,e,e- r' .M ♦ ,, : 1 * lik lk *11 '1111:' t ' k ItININI41,141 _Ail ilcw ; vkl L':.:-: 4 * 11 1,41:,:k 0, Iklik% 4411‘ al ill: / * 1 lry', 414,11011 i all' i id "%Nit Ails, . t 1--# 1 Sk vmw"I is: t I'''11Prer 10 ....., * i Ali # * 4.*111 ii11111111' 1 '►'1► '* ►' 4 1•1 a0:A 111 l lies roin' iiIt, 447 ' ;41i it 11 I I: : ±'%:, , n # ' AO' - ' 410:4 I I I I 104 I re 1 el e F#‘1,4 1 boll I 1 OS Development Agreement Between the City of Wylie and Braddock Place Estates,Ltd. Page 20 mot r1' 442854.v3 final !r . W" 01 8irkhofJ Hendrick'and Conway'L'L.P- 1 1S arY pT p wrL ri E, TE T` E gTUpY WATE SYSTEM PAC W AS CE pLLECTIUN PINES —`__ —� D CV-W ASTEW'ATER C ,, Cut or Ease�nu'ts 'Puling �. PROPOSED entiesandSI5/LT _ ej utilizedC3' i F?triad ZS%or en tneenrt�o �nti�...._� purist 1AS5 a�indad�.-- t 1, e ind' Total 1AYca Fee Yertud� 5 dollars unless o!he� t� Cost�)_ 2014 ear are yased in 2 D �Y �6 e C ojt( I e Unit c"Is_ v .Unit Seirk S8a1.89a Avera�....u I A Total CaPitai sae. lnt��t 5s41a94 S2 5st3►5I Cost Cyst�) SQ 52,561546 531 ttJ Roa Le1�th (iM es)__Date Ot meterCod' Y , ,...Caikdien iod wain*tonY aank VaUeY �• gpy SO Tape (Et') ._. • gttict Sewer Kes Litt Spflon St 052 367 ' iyvIDyet Tww t s acittt't t�f wtn ti 743 53,E .. 42"'Trite �� 51,237,557 1933 _—� _ —_ --- �403 y101 } S�� 1 .Sewer $645,620. i, -� ;__ ---40 _ r 30 Treatment Mot 5153.72 S1 0,00 S1 b14 � Yroyect ioch�12,E l Wastewater TC� 2007 5239.56 Sy„6t0A� _ J��—�`� o die M°� C 4'2� ;2 ��— -- * g200 ' �-- 12,E 5100� SaM°ta1: �— 10, �' a_—_ 11,E y1412006 3:40 PM .42- 74( Wylie City Council CITY OF WYLIE AGENDA REPORT g Meeting Date: 01-09-07 Item Number: I Department: WEDC (City Secretary's Use Only) Prepared By: Sam Satterwhite Account Code: Date Prepared: 12-27-06 Budgeted Amount: Exhibits: 1 Subject Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of October 31, 2006. Recommendation Accept, and place on file, the monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of October 31, 2006. Discussion The Wylie Economic Development Corporation (WEDC) Board of Directors approved the attached financials on December 21, 2006. Approved By Initial Date Department Director °' 12/27/06 City Manager 1-3 -0 7 Page 1 of 1 12-18-2006 02:05 PM CITY OF WYLIE PAGE: 1 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: OCTOBER 31ST, 2006 111-WYLIE ECONOMIC DEVEL CORP FINANCIAL SUMMARY CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET REVENUE SUMMARY TAXES 1,136,130.00 0.00 0.00 0.00 0.00 1,136,130.00 0.00 INTEREST INCOME 22,500.00 0.00 0.00 0.00 0.00 22,500.00 0.00 MISCELLANEOUS INCOME 63,840.00 3,332.15 0.00 3,332.15 0.00 60,507.85 5.22 TOTAL REVENUES 1,222,470.00 3,332.15 0.00 3,332.15 0.00 1,219,137.85 0.27 EXPENDITURE SUMMARY DEVELOPMENT CORP-WEDC 1,777,700.00 98,645.46 0.00 98,645.46 1,633.00 1,677,421.54 5.64 TOTAL EXPENDITURES 1,777,700.00 98,645.46 0.00 98,645.46 1,633.00 1,677,421.54 5.64 REVENUE OVER/(UNDER) EXPENDITURES ( 555,230.00) ( 95,313.31) 0.00 ( 95,313.31) ( 1,633.00) ( 458,283.69) 17.46 12-18-2006 02:05 PM CITY OF WYLIE PAGE: 2 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: OCTOBER 31ST, 2006 111-WYLIE ECONOMIC DEVEL CORP REVENUES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET TAXES 4000-40210 SALES TAX 1,136,130.00 0.00 0.00 0.00 0.00 1,136,130.00 0.00 TOTAL TAXES 1,136,130.00 0.00 0.00 0.00 0.00 1,136,130.00 0.00 INTEREST INCOME 4000-46050 CERTIFICATE OF DEPOSIT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46110 ALLOCATED INTEREST EARNINGS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46140 TEXPOOL INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46143 LOGIC INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46210 BANK MONEY MARKET INTEREST 22,500.00 0.00 0.00 0.00 0.00 22,500.00 0.00 TOTAL INTEREST INCOME 22,500.00 0.00 0.00 0.00 0.00 22,500.00 0.00 MISCELLANEOUS INCOME 4000-48110 RENTAL INCOME 63,840.00 3,332.15 0.00 3,332.15 0.00 60,507.85 5.22 4000-48310 RECOVERY - PRIOR YEAR EXPEN 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-48410 MISC INCOME 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-48430 GAIN ON SALE OF PROPERTY 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL MISCELLANEOUS INCOME 63,840.00 3,332.15 0.00 3,332.15 0.00 60,507.85 5.22 TOTAL REVENUES 1,222,470.00 3,332.15 0.00 3,332.15 0.00 1,219,137.85 0.27 12-18-2006 02:05 PM CITY OF WYLIE PAGE: 3 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: OCTOBER 31ST, 2006 111-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET PERSONNEL SERVICES 5611-51110 SALARIES 157,050.00 8,491.83 0.00 8,491.83 0.00 148,558.17 5.41 5611-51130 OVERTIME 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51140 LONGEVITY PAY 570.00 0.00 0.00 0.00 0.00 570.00 0.00 5611-51145 SICK LEAVE BUYBACK 1,710.00 0.00 0.00 0.00 0.00 1,710.00 0.00 5611-51160 CERTIFICATION INCENTIVE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51170 PARAMEDIC INCENTIVE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51210 CAR ALLOWANCE 8,400.00 484.62 0.00 484.62 0.00 7,915.38 5.77 5611-51230 CLOTHING ALLOWANCE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51310 TMRS 14,930.00 784.53 0.00 784.53 0.00 14,145.47 5.25 5611-51410 HOSPITAL & LIFE INSURANCE 14,340.00 0.00 0.00 0.00 0.00 14,340.00 0.00 5611-51420 LONG-TERM DISABILITY 880.00 69.40 0.00 69.40 0.00 810.60 7.89 5611-51440 FICA 10,400.00 305.96 0.00 305.96 0.00 10,094.04 2.94 5611-51450 MEDICARE 2,430.00 125.78 0.00 125.78 0.00 2,304.22 5.18 5611-51470 WORKERS COMP PREMIUM 850.00 0.00 0.00 0.00 0.00 850.00 0.00 5611-51480 UNEMPLOYMENT COMP (TWC) 540.00 0.00 0.00 0.00 0.00 540.00 0.00 TOTAL PERSONNEL SERVICES 212,100.00 10,262.12 0.00 10,262.12 0.00 201,837.88 4.84 SUPPLIES 5611-52010 OFFICE SUPPLIES 7,000.00 215.19 0.00 215.19 694.25 6,090.56 12.99 5611-52040 POSTAGE 1,720.00 0.00 0.00 0.00 0.00 1,720.00 0.00 5611-52130 TOOLS & EQUIPMENT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-52810 FOOD SUPPLIES 3,200.00 119.00 0.00 119.00 27.62 3,053.38 4.58 5611-52990 OTHER 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL SUPPLIES 11,920.00 334.19 0.00 334.19 721.87 10,863.94 8.86 MATERIALS FOR MAINTENANC 5611-54630 TOOLS & EQUIPMENT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-54810 COMPUTER HARD/SOFTWARE 3,000.00 545.00 0.00 545.00 0.00 2,455.00 16.17 5611-54990 OTHER 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL MATERIALS FOR MAINTENANC 3,000.00 545.00 0.00 545.00 0.00 2,455.00 18.17 CONTRACTUAL SERVICES 5611-56030 INCENTIVES 485,110.00 10,125.00 0.00 10,125.00 0.00 474,985.00 2.09 5611-56040 SPECIAL SERVICES 124,950.00 24,820.58 0.00 24,820.58 0.00 100,129.42 19.86 5611-56080 ADVERTISING 50,500.00 5,495.00 0.00 5,495.00 0.00 45,005.00 10.88 5611-56090 COMMUNITY DEVELOPMENT 51,500.00 13,140.00 0.00 13,140.00 197.00 38,163.00 25.90 5611-56110 COMMUNICATIONS 6,020.00 95.00 0.00 95.00 420.97 5,504.03 8.57 5611-56180 RENTAL 17,100.00 2,087.63 0.00 2,087.63 0.00 15,012.37 12.21 5611-56210 TRAVEL AND TRAINING 31,350.00 0.00 0.00 0.00 24.00 31,326.00 0.08 5611-56250 DUES & SUBSCRIPTIONS 6,380.00 1,500.00 0.00 1,500.00 0.00 4,880.00 23.51 5611-56310 INSURANCE 2,500.00 0.00 0.00 0.00 0.00 2,500.00 0.00 5611-56510 AUDIT AND LEGAL SERVICES 12,500.00 0.00 0.00 0.00 0.00 12,500.00 0.00 5611-56570 ENGINEERING - ARCHITECT SVC 67,950.00 0.00 0.00 0.00 0.00 67,950.00 0.00 5611-56610 UTILITIES - ELECTRIC 3,000.00 0.00 0.00 0.00 269.16 2,730.84 8.97 TOTAL CONTRACTUAL SERVICES 858,860.00 57,263.21 0.00 57,263.21 911.13 800,685.66 6.77 12-18-2006 02:05 PM CITY OF WYLIE PAGE: 4 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: OCTOBER 31ST, 2006 111-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET DEBT SERVICE & CAP. REPL 5611-57110 DEBT SERVICE 294,250.00 26,400.48 0.00 26,400.48 0.00 267,849.52 8.97 TOTAL DEBT SERVICE & CAP. REPL 294,250.00 26,400.48 0.00 26,400.48 0.00 267,849.52 8.97 CAPITAL OUTLAY 5611-58110 LAND 205,000.00 0.00 0.00 0.00 0.00 205,000.00 0.00 5611-58120 DEVELOPMENT FEES 25,000.00 0.00 0.00 0.00 0.00 25,000.00 0.00 5611-58210 STREETS & ALLEYS 150,070.00 0.00 0.00 0.00 0.00 150,070.00 0.00 5611-58810 COMPUTER HARD/SOFTWARE 1,500.00 0.00 0.00 0.00 0.00 1,500.00 0.00 5611-58830 FURNITURE & FIXTURES 10,000.00 3,840.46 0.00 3,840.46 0.00 6,159.54 38.40 5611-58995 CONTRA CAPITAL OUTLAY 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL CAPITAL OUTLAY 391,570.00 3,840.46 0.00 3,840.46 0.00 387,729.54 0.98 OTHER FINANCING (USES) 5611-59111 TRANSFER TO GENERAL FUND 6,000.00 0.00 0.00 0.00 0.00 6,000.00 0.00 TOTAL OTHER FINANCING (USES) 6,000.00 0.00 0.00 0.00 0.00 6,000.00 0.00 TOTAL DEVELOPMENT CORP-WEDC 1,777,700.00 98,645.46 0.00 98,645.46 1,633.00 1,677,421.54 5.64 TOTAL EXPENDITURES 1,777,700.00 98,645.46 0.00 98,645.46 1,633.00 1,677,421.54 5.64 REVENUE OVER (UNDER) EXPENDITURES ( 555,230.00) ( 95,313.31) 0.00 ( 95,313.31) ( 1,633.00) ( 458,283.69) 17.46 *** END OF REPORT *** 12/18/2006 2:15 PM REGULAR DEPARTMENT PAYMENT REPORT PAGE: 1 VENDOR SET: 01 CITY OF WYLIE BANK: ALL FUND : 111 WYLIE ECONOMIC DEVEL CORP DEPARTMENT: 611 DEVELOPMENT CORP-WEDC INVOICE DATE RANGE: 1/01/1998 THRU 99/99/9999 PAY DATE RANGE: 10/01/2006 THRU 10/31/2006 BUDGET TO USE: CB-CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK # AMOUNT - -- - ---01-000005 UNITED HEALTHCARE I-7794668 OCT06 111 5611-51410 HOSPITAL & LI: 7794668 OCT06 018910 1,336.96 01-000006 TEXAS MUNICIPAL I-TMR200608290378 111 5611-51310 TMRS : RETIREMENT 018868 497.99 01-000006 TEXAS MUNICIPAL I-TMR200609120380 111 5611-51310 TMRS : RETIREMENT 018868 497.99 01-000006 TEXAS MUNICIPAL I-TMR200609270382 111 5611-51310 TMRS : RETIREMENT 018868 497.99 01-000015 UNITED STATES TREASURY I-T3 200610110384 111 5611-51440 FICA : FICA TAXES 000000 351.45 01-000015 UNITED STATES TREASURY I-T3 200610240386 111 5611-51440 FICA : FICA TAXES 000000 130.25 01-000015 UNITED STATES TREASURY I-T4 200610110384 111 5611-51450 MEDICARE : MEDICARE TAXES 000000 82.20 01-000015 UNITED STATES TREASURY I-T4 200610240386 111 5611-51450 MEDICARE : MEDICARE TAXES 000000 84.68 01-000023 ABERNATHY, ROEDER, P.0 I-33 2793-0001M 111 5611-56510 AUDIT AND LEG: 33 2793-0001M FEES 019093 170.50 01-000035 AMERICAN EXPRESS I-681698-87002 SEPT 111 5611-52810 FOOD SUPPLIES: 3783-681698-87002 SE 019124 17.41 01-000035 AMERICAN EXPRESS I-681698-87002 SEPT 111 5611-56090 COMMUNITY DEV: 3783-681698-87002 SE 019124 73.59 01-000035 AMERICAN EXPRESS I-681698-87002 SEPT 111 5611-56210 TRAVEL AND TR: 3783-681698-87002 SE 019124 899.99 01-000035 AMERICAN EXPRESS I-681698-87002 SEPT 111 5611-58810 COMPUTER HARD: 3783-681698-87002 SE 019124 119.64 01-000154 EXTRUDERS DIVISION OF I-100206 111 5611-56030 INCENTIVES : 100206 WEDC/CITY/EXT 018880 10,125.00 01-000298 HAWK ELECTRONICS I-199891 SEPT 111 5611-56110 COMMUNICATION: 199891 SEPT 019185 224.29 01-000391 THE WYLIE NEWS I-1030 SEPT06 111 5611-56090 COMMUNITY DEV: 1030 SEPT06 018966 197.00 01-000392 WYLIE PRINTING & OFFIC I-14263 111 5611-52010 OFFICE SUPPLI: 14263 LABELS,ENVELOP 019207 53.04 01-000468 WYLIE CHAMBER I-10166 105669 111 5611-56610 UTILITIES - E: 10166 105669 PHONE S 019194 196.68 01-000468 WYLIE CHAMBER I-105342 111 5611-56250 DUES & SUBSCR: 105342 MEMBERSHIP IN 019141 1,500.00 01-000468 WYLIE CHAMBER I-105667 10166 111 5611-56080 ADVERTISING : NOV/DEC ISSUE 019174 495.00 01-000468 WYLIE CHAMBER I-105670 10166 111 5611-56090 COMMUNITY DEV: CHAMBER EVENT 019174 455.00 01-000468 WYLIE CHAMBER I-105688 10166 111 5611-56090 COMMUNITY DEV: CHAMBER EVENT 019174 90.00 01-000623 TEXAS WORKFORCE I-99-880522-8 3QTR 111 5611-51480 UNEMPLOYMENT : 99-880522-8 3QTR 018866 45.54 01-000891 BIRMINGHAM LAND TRUST I-110106 NOV 111 5611-57110 DEBT SERVICE : 110106 NOV PAYMENT 019229 5,741.48 01-001071 2 L'S, INC. I-5150 092706 111 5611-52810 FOOD SUPPLIES: LUNCH-BOARD TIP PRES 018947 52.50 01-001071 2 L'S, INC. I-5151 111 5611-52810 FOOD SUPPLIES: FOOD BOARD MEETING 9 018947 66.50 01-001173 RJ LAWN & LANDSCAPE I-100206 MOWING 111 5611-56040 SPECIAL SERVI: MOWING ON COOPER 018950 150.00 01-001420 ROTARY CLUB OF WYLIE I-10406 111 5611-56090 COMMUNITY DEV: 10406 ANNUAL DUES OC 019042 720.00 01-001792 INWOOD NATIONAL BANK I-104015301 OCT06 111 5611-57110 DEBT SERVICE : 104015301 OCT06 LOAN 019160 11,142.82 01-001841 MARCOA PUBLISHING, INC I-18170W 111 5611-56080 ADVERTISING : 18170W DALLAS OFFICE 018969 250.00 12/18/2006 2:15 PM REGULAR DEPARTMENT PAYMENT REPORT PAGE: 2 VENDOR SET: 01 CITY OF WYLIE BANK: ALL FUND : 111 WYLIE ECONOMIC DEVEL CORP DEPARTMENT: 611 DEVELOPMENT CORP-WEDC INVOICE DATE RANGE: 1/01/1998 THRU 99/99/9999 PAY DATE RANGE: 10/01/2006 THRU 10/31/2006 BUDGET TO USE: CB-CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK # AMOUNT 01-001884 STELLAR SIGNS I-1139 111 5611-56090 COMMUNITY DEV: DECALS ON SHOVELS 019091 25.00 01-001884 STELLAR SIGNS I-1139 111 5611-58830 FURNITURE & F: SIGN WIRING 019091 450.00 01-001899 GERRY HARRIS I-100706 REIMBURSE 111 5611-58830 FURNITURE & F: REIMBURSE CLOCK,VASE 019146 147.18 01-001899 GERRY HARRIS I-100706 REIMBURSE 111 5611-58830 FURNITURE & F: REIMBURSE SCRAPBOOK 019146 43.28 01-002044 NETWORK ESSSENTIAL 1-53053 111 5611-54810 COMPUTER HARD: 53053 SETUP AUTO B-U 019072 585.00 01-002048 JAMES L. HUGHES I-100106 111 5611-57110 DEBT SERVICE : 100106 OCT06 DEBT SE 019069 3,774.70 01-002049 LEAVE 'EM SQUEAKY CLEA I-37 111 5611-56040 SPECIAL SERVI: 37 WINDOWS CLEANED 9 018970 40.00 01-002050 BARON COOK I-103006 111 5611-56180 RENTAL : 103006 RENT OCT06 018907 900.00 01-002051 BEST IMAGE SYSTEMS, IN I-092754 111 5611-52010 OFFICE SUPPLI: BLACK/WHITE COPIES 019167 40.15 01-002051 BEST IMAGE SYSTEMS, IN I-092755 111 5611-52010 OFFICE SUPPLI: COLOR COPIES 019167 175.04 01-002052 TIME WARNER CABLE I-0190169 OCT06 111 5611-56110 COMMUNICATION: INTERNET SERVICE 019172 95.00 01-002075 WELLS FARGO FINANCIAL I-6745913505 111 5611-56180 RENTAL : 6745913505 COPIER 9/ 018909 287.63 01-002091 REPUBLIC CLOSING I-124-0020-00 SEPT 111 5611-56610 UTILITIES - E: 124-0020-00 SEPT 019189 9.25 01-002091 REPUBLIC CLOSING I-301-1901-98-4 SEPT 111 5611-56610 UTILITIES - E: 301-1901-98-4 SEPT E 019189 259.91 01-002093 WYLIE HOME & OFFICE, CL I-8548 OCT06 111 5611-56040 SPECIAL SERVICES 019159 200.00 01-002098 ANNE HINEY I-001 071006 111 5611-56080 ADVERTISING : 001 071006 DESIGN AD 018972 225.00 01-002106 MITCH POINDEXTER I-100706 111 5611-58830 FURNITURE & F: INSTALL POWER TO SIG 019052 350.00 01-002109 TIP STRATEGIES, INC. I-06-472 111 5611-56040 SPECIAL SERVI: 06-472 INITIAL CONSU 019043 15,000.00 DEPARTMENT 611 DEVELOPMENT CORP-WEDC TOTAL: 58,872.63 VENDOR SET 111 WYLIE ECONOMIC DEVEL CORPTOTAL: 58,872.63 REPORT GRAND TOTAL: 58,672.63 12/18/2006 2:15 PM REGULAR DEPARTMENT PAYMENT REPORT PAGE: 3 ** G/L ACCOUNT TOTALS ** ____=====LINE ITEM==== GROUP BUDGET=====__ ANNUAL BUDGET OVER ANNUAL BUDGET OVER YEAR ACCOUNT NAME AMOUNT BUDGET AVAILABLE BUDG BUDGET AVAILABLE BUDG PRIOR 111-5611-51310 TMRS 1,493.97 111-5611-51410 HOSPITAL & LIFE INSURANCE 1,336.96 111-5611-51480 UNEMPLOYMENT COMP (TWC) 45.54 111-5611-52010 OFFICE SUPPLIES 53.04 111-5611-52810 FOOD SUPPLIES 17.41 111-5611-56040 SPECIAL SERVICES 40.00 111-5611-56080 ADVERTISING 475.00 111-5611-56090 COMMUNITY DEVELOPMENT 270.59 111-5611-56110 COMMUNICATIONS 224.29 111-5611-56210 TRAVEL AND TRAINING 899.99 111-5611-56510 AUDIT AND LEGAL SERVICES 170.50 111-5611-56610 UTILITIES - ELECTRIC 465.84 111-5611-58610 COMPUTER HARD/SOFTWARE 119.64 ** PRIOR YEAR TOTALS ** 5,612.77 111-5611-51440 FICA 481.70 10,400 9,859.63 111-5611-51450 MEDICARE 166.88 2,430 2,024.65 111-5611-52010 OFFICE SUPPLIES 215.19 7,000 5,560.02 111-5611-52810 FOOD SUPPLIES 119.00 3,200 2,981.59 111-5611-54810 COMPUTER HARD/SOFTWARE 585.00 3,000 1,690.00 111-5611-56030 INCENTIVES 10,125.00 485,110 424,985.00 111-5611-56040 SPECIAL SERVICES 15,350.00 124,950 76,138.60 111-5611-56080 ADVERTISING 495.00 50,500 42,525.00 111-5611-56090 COMMUNITY DEVELOPMENT 1,290.00 51,500 31,254.85 111-5611-56110 COMMUNICATIONS 95.00 6,020 5,092.88 111-5611-56180 RENTAL 1,187.63 17,100 13,150.85 111-5611-56250 DUES & SUBSCRIPTIONS 1,500.00 6,380 4,880.00 111-5611-57110 DEBT SERVICE 20,659.00 294,250 243,450.89 111-5611-58830 FURNITURE & FIXTURES 990.46 10,000 5,837.54 TOTAL: 53,259.86 ** DEPARTMENT TOTALS `* ACCT NAME AMOUNT 111-611 DEVELOPMENT CORP-WEDC 58,872.63 111 TOTAL WYLIE ECONOMIC DEVEL CORP 58,872.63 ** TOTAL ** 58,872.63 NO ERRORS 12-18-2006 01:42 PM CITY OF WYLIE PAGE: 1 BALANCE SHEET AS OF: OCTOBER 31ST, 2006 111-WYLIE ECONOMIC DEVEL CORP ACCOUNT# TITLE ASSETS CASH & CASH EQUIVALENTS 1000-10110 CLAIM ON CASH AND CASH EQUIV. 399,362.81 1000-10115 CASH-WEDC-INWOOD 0.00 1000-10135 INWOOD BANK-ESCROW 0.00 TOTAL CASH & CASH EQUIVALENTS 399,362.81 INVESTMENTS 1000-10341 TEXPOOL 0.00 1000-10343 LOGIC 0.00 TOTAL INVESTMENTS 0.00 ACCOUNTS RECEIVABLE 1000-11517 ACCTS REC - SALES TAX 122,382.83 TOTAL ACCOUNTS RECEIVABLE 122,382.83 INTERGOVERNMENTAL RECEIV 1000-12996 LOAN REC - JACOBY 147,648.48 TOTAL INTERGOVERNMENTAL RECEIV 147,648.48 INVENTORIES 1000-14112 INVENTORIES - MATERIAL/SUPPLY 0.00 1000-14116 INVENTORY - LAND 1,934,160.48 1000-14118 INVENTORY - BAYCO - SANDEN BLV 0.00 TOTAL INVENTORIES 1,934,160.48 PREPAID ITEMS 1000-14310 PREPAID EXPENSES 59,956.56 1000-14410 DEFERRED CHARGE 50,000.00 TOTAL PREPAID ITEMS 109,956.56 2,713,511.16 TOTAL ASSETS 2,713,511.16 LIABILITIES PAYROLL DEDUCT. PAYABLE 2000-20110 FEDERAL INCOME TAX PAYABLE 0.00 2000-20111 MEDICARE PAYABLE 0.00 2000-20112 CHILD SUPPORT PAYABLE 0.00 2000-20113 CREDIT UNION PAYABLE 0.00 2000-20114 IRS LEVY PAYABLE 0.00 2000-20115 NATIONWIDE DEFERRED COMP 0.00 2000-20116 HEALTH INSUR PAY-EMPLOYEE 58.06 2000-20117 TMRS PAYABLE ( 280.93) 2000-20118 ROTH IRA PAYABLE 0.00 2000-20119 WORKERS COMP PAYABLE 0.00 2000-20120 FICA PAYABLE 0.00 2000-20121 TEC PAYABLE 0.00 2000-20122 STUDENT LOAN LEVY PAYABLE 0.00 2000-20123 ALIMONY PAYABLE 0.00 2000-20124 BANKRUPTCY PAYABLE 0.00 12-18-2006 01:42 PM CITY OF WYLIE PAGE: 2 BALANCE SHEET AS OF: OCTOBER 31ST, 2006 111-WYLIE ECONOMIC DEVEL CORP ACCOUNT# TITLE 2000-20125 VALIC DEFERRED COMP 0.00 2000-20126 ICMA PAYABLE 0.00 2000-20151 ACCRUED WAGES PAYABLE 0.00 2000-20180 ADDIT EMPLOYEE INSUR PAY ( 219.07) 2000-20199 MISC PAYROLL PAYABLE 0.00 TOTAL PAYROLL DEDUCT. PAYABLE ( 441.94) ACCOUNTS PAYABLE 2000-20201 AP PENDING 17,280.12 2000-20210 ACCOUNTS PAYABLE 0.00 TOTAL ACCOUNTS PAYABLE 17,280.12 CONTRACTS PAYABLE 2000-20540 NOTES PAYABLE 1,322,201.60 TOTAL CONTRACTS PAYABLE 1,322,201.60 DEFERRED REVENUE 2000-22270 DEFERRED REVENUE 147,648.48 TOTAL DEFERRED REVENUE 147,648.48 TOTAL LIABILITIES 1,486,688.26 FUND BALANCE/EQUITY FUND BALANCE 3000-34590 FUND BALANCE-UNRESERV/UNDESIG 1,322,136.21 TOTAL FUND BALANCE 1,322,136.21 TOTAL BEGINNING EQUITY 1,322,136.21 TOTAL REVENUE 3,332.15 TOTAL EXPENDITURES 98,645.46 TOTAL SURPLUS/(DEFICIT) ) 95,313.31) TOTAL EQUITY & SURPLUS/(DEFICIT) 1,226,822.90 TOTAL LIABILITIES, EQUITY & SURPLUS/DEFICIT 2,713,511.16 Wylie Economic Development Corporation a1 Balance --"" Sub ledger Princ► Balance Sheet Interest 89 36 13,2006 $1,291,2 November Princi a1 Pa ent Payable $790,534.76 Notes Pay 147,922.10 $3,823.05 ber 30,2006 319. ��' 434 $eptem $7� 7? 1,67g.20 $11,142.82 4,850.31 891.17 5,741 48 2,095.50 October Inwood 3,774.70 Birmingham Hughes October 31,2006 $1,272,201.60 WByliealance EconomicSheet DeVetopmSubledgefent Corporation Cost Basis November 13,2006 Im rovements s .ft. Acera e $202,045 Land Address n/a inventory- 0.48 639,000 709 Cooper n/a M erase rs 25.00 466,585 Martinez Lane 10,000 Martinez 0.92 239585 211 -212 industrial 6,500 Hughes 1.09 186,934 2806 F.M. 544 3,625 FerrellHeath 0.46 24 ,372 706 Cooper 4,800 $1,934,160 707 Cooper Perry 28.44 Total Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: 01-09-07 Item Number: J Department: WEDC (City Secretary's Use Only) Prepared By: Sam Satterwhite Account Code: Date Prepared: 12-27-06 Budgeted Amount: Exhibits: 1 Subject Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of November 30, 2006. Recommendation Accept, and place on file, the monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of November 30, 2006. Discussion The Wylie Economic Development Corporation (WEDC) Board of Directors approved the attached financials on December 21, 2006. Approved By Initial Date Department Director 12/27/06 City Manager 1 V i /3(01 Page 1 of 1 12-15-2006 12:38 PM CITY OF WYLIE PAGE: 1 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: NOVEMBER 30TH, 2006 111-WYLIE ECONOMIC DEVEL CORP FINANCIAL SUMMARY CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET REVENUE SUMMARY TAXES 1,136,130.00 0.00 0.00 0.00 0.00 1,136,130.00 0.00 INTEREST INCOME 22,500.00 0.00 0.00 0.00 0.00 22,500.00 0.00 MISCELLANEOUS INCOME 63,840.00 5,332.15 0.00 8,664.30 0.00 55,175.70 13.57 TOTAL REVENUES 1,222,470.00 5,332.15 0.00 8,664.30 0.00 1,213,805.70 0.71 EXPENDITURE SUMMARY DEVELOPMENT CORP-WEDC 1,777,700.00 111,425.35 0.00 210,070.81 380.00 1,567,249.19 11.84 TOTAL EXPENDITURES 1,777,700.00 111,425.35 0.00 210,070.81 380.00 1,567,249.19 11.84 REVENUE OVER/(UNDER) EXPENDITURES ( 555,230.00) ( 106,093.20) 0.00 ( 201,406.51) ( 380.00) ( 353,443.49) 36.34 12-15-2006 12:38 PM CITY OF WYLIE PAGE: 2 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: NOVEMBER 30TH, 2006 111-WYLIE ECONOMIC DEVEL CORP REVENUES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET TAXES 4000-40210 SALES TAX 1,136,130.00 0.00 0.00 0.00 0.00 1,136,130.00 0.00 TOTAL TAXES 1,136,130.00 0.00 0.00 0.00 0.00 1,136,130.00 0.00 INTEREST INCOME 4000-46050 CERTIFICATE OF DEPOSIT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46110 ALLOCATED INTEREST EARNINGS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46140 TEXPOOL INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46143 LOGIC INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46210 BANK MONEY MARKET INTEREST 22,500.00 0.00 0.00 0.00 0.00 22,500.00 0.00 TOTAL INTEREST INCOME 22,500.00 0.00 0.00 0.00 0.00 22,500.00 0.00 MISCELLANEOUS INCOME 4000-48110 RENTAL INCOME 63,840.00 5,332.15 0.00 8,664.30 0.00 55,175.70 13.57 4000-48310 RECOVERY - PRIOR YEAR EXPEN 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-48410 MISC INCOME 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-48430 GAIN ON SALE OF PROPERTY 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL MISCELLANEOUS INCOME 63,840.00 5,332.15 0.00 8,664.30 0.00 55,175.70 13.57 TOTAL REVENUES 1,222,470.00 5,332.15 0.00 8,664.30 0.00 1,213,805.70 0.71 12-15-2006 12:38 PM CITY OF WYLIE PAGE: 3 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: NOVEMBER 30TH, 2006 111-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET PERSONNEL SERVICES 5611-51110 SALARIES 157,050.00 11,437.06 0.00 19,928.89 0.00 137,121.11 12.69 5611-51130 OVERTIME 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51140 LONGEVITY PAY 570.00 580.00 0.00 580.00 0.00 ( 10.00) 101.75 5611-51145 SICK LEAVE BUYBACK 1,710.00 1,180.52 0.00 1,160.52 0.00 529.48 69.04 5611-51160 CERTIFICATION INCENTIVE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51170 PARAMEDIC INCENTIVE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51210 CAR ALLOWANCE 8,400.00 646.16 0.00 1,130.78 0.00 7,269.22 13.46 5611-51230 CLOTHING ALLOWANCE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51310 TMRS 14,930.00 1,209.95 0.00 1,994.48 0.00 12,935.52 13.36 5611-51410 HOSPITAL & LIFE INSURANCE 14,340.00 1,423.47 0.00 1,423.47 0.00 12,916.53 9.93 5611-51420 LONG-TERM DISABILITY 880.00 34.70 0.00 104.10 0.00 775.90 11.83 5611-51440 FICA 10,400.00 157.43 0.00 463.39 0.00 9,936.61 4.46 5611-51450 MEDICARE 2,430.00 194.89 0.00 320.67 0.00 2,109.33 13.20 5611-51470 WORKERS COMP PREMIUM 850.00 0.00 0.00 0.00 0.00 850.00 0.00 5611-51480 UNEMPLOYMENT COMP (TWC) 540.00 0.00 0.00 0.00 0.00 540.00 0.00 TOTAL PERSONNEL SERVICES 212,100.00 16,864.18 0.00 27,126.30 0.00 184,973.70 12.79 SUPPLIES 5611-52010 OFFICE SUPPLIES 7,000.00 755.61 0.00 970.80 0.00 6,029.20 13.87 5611-52040 POSTAGE 1,720.00 0.00 0.00 0.00 0.00 1,720.00 0.00 5611-52130 TOOLS & EQUIPMENT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-52810 FOOD SUPPLIES 3,200.00 67.62 0.00 186.62 0.00 3,013.38 5.83 5611-52990 OTHER 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL SUPPLIES 11,920.00 823.23 0.00 1,157.42 0.00 10,762.58 9.71 MATERIALS FOR MAINTENANC 5611-54630 TOOLS & EQUIPMENT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-54810 COMPUTER HARD/SOFTWARE 3,000.00 765.00 0.00 1,310.00 0.00 1,690.00 43.67 5611-54990 OTHER 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL MATERIALS FOR MAINTENANC 3,000.00 765.00 0.00 1,310.00 0.00 1,690.00 43.67 CONTRACTUAL SERVICES 5611-56030 INCENTIVES 485,110.00 50,000.00 0.00 60,125.00 0.00 424,985.00 12.39 5611-56040 SPECIAL SERVICES 124,950.00 6,120.06 0.00 30,940.64 40.00 93,969.36 24.79 5611-56080 ADVERTISING 50,500.00 630.00 0.00 6,125.00 340.00 44,035.00 12.80 5611-56090 COMMUNITY DEVELOPMENT 51,500.00 6,221.84 0.00 19,361.84 0.00 32,138.16 37.60 5611-56110 COMMUNICATIONS 6,020.00 496.50 0.00 591.50 0.00 5,428.50 9.83 5611-56180 RENTAL 17,100.00 1,542.18 0.00 3,629.81 0.00 13,470.19 21.23 5611-56210 TRAVEL AND TRAINING 31,350.00 1,767.81 0.00 1,767.81 0.00 29,582.19 5.64 5611-56250 DUES & SUBSCRIPTIONS 6,380.00 0.00 0.00 1,500.00 0.00 4,880.00 23.51 5611-56310 INSURANCE 2,500.00 0.00 0.00 0.00 0.00 2,500.00 0.00 5611-56510 AUDIT AND LEGAL SERVICES 12,500.00 28.00 0.00 28.00 0.00 12,472.00 0.22 5611-56570 ENGINEERING - ARCHITECT SVC 67,950.00 0.00 0.00 0.00 0.00 67,950.00 0.00 5611-56610 UTILITIES - ELECTRIC 3,000.00 497.62 0.00 497.62 0.00 2,502.38 16.59 TOTAL CONTRACTUAL SERVICES 858,860.00 67,304.01 0.00 124,567.22 380.00 733,912.78 14.55 12-15-2006 12:38 PM CITY OF WYLIE PAGE: 4 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: NOVEMBER 30TH, 2006 111-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET DEBT SERVICE & CAP. REPL 5611-57110 DEBT SERVICE 294,250.00 20,623.93 0.00 47,024.41 0.00 247,225.59 15.98 TOTAL DEBT SERVICE & CAP. REPL 294,250.00 20,623.93 0.00 47,024.41 0.00 247,225.59 15.98 CAPITAL OUTLAY 5611-58110 LAND 205,000.00 0.00 0.00 0.00 0.00 205,000.00 0.00 5611-58120 DEVELOPMENT FEES 25,000.00 0.00 0.00 0.00 0.00 25,000.00 0.00 5611-58210 STREETS & ALLEYS 150,070.00 0.00 0.00 0.00 0.00 150,070.00 0.00 5611-58810 COMPUTER HARD/SOFTWARE 1,500.00 0.00 0.00 0.00 0.00 1,500.00 0.00 5611-58830 FURNITURE & FIXTURES 10,000.00 45.00 0.00 3,885.46 0.00 6,114.54 38.85 5611-58995 CONTRA CAPITAL OUTLAY 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL CAPITAL OUTLAY 391,570.00 45.00 0.00 3,885.46 0.00 387,684.54 0.99 OTHER FINANCING (USES) 5611-59111 TRANSFER TO GENERAL FUND 6,000.00 5,000.00 0.00 5,000.00 0.00 1,000.00 83.33 TOTAL OTHER FINANCING (USES) 6,000.00 5,000.00 0.00 5,000.00 0.00 1,000.00 83.33 TOTAL DEVELOPMENT CORP-WEDC 1,777,700.00 111,425.35 0.00 210,070.81 380.00 1,567,249.19 11.84 TOTAL EXPENDITURES 1,777,700.00 111,425.35 0.00 210,070.81 380.00 1,567,249.19 11.84 REVENUE OVER (UNDER) EXPENDITURES ( 555,230.00) ( 106,093.20) 0.00 ( 201,406.51) ( 380.00) ( 353,443.49) 36.34 *** END OF REPORT *** 12/15/2006 12:42 PM REGULAR DEPARTMENT PAYMENT REPORT PAGE: 1 VENDOR SET: 01 CITY OF WYLIE BANK: ALL FUND : 111 WYLIE ECONOMIC DEVEL CORP DEPARTMENT: 611 DEVELOPMENT CORP-WEDC INVOICE DATE RANGE: 1/01/1998 THRU 99/99/9999 PAY DATE RANGE: 11/01/2006 THRU 11/30/2006 BUDGET TO USE: 07-Final Budget VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK # AMOUNT 01-000005 UNITED HEALTHCARE 1-7925126 NOV06 111 5611-51410 HOSPITAL & LI: 7925126 NOV06 019356 1,336.33 01-000006 TEXAS MUNICIPAL I-TMR200610110384 111 5611-51310 TMRS : RETIREMENT 019278 513.01 01-000006 TEXAS MUNICIPAL I-TMR200610240386 111 5611-51310 TMRS : RETIREMENT 019278 528.04 01-000015 UNITED STATES TREASURY I-T3 200611070389 111 5611-51440 FICA : FICA TAXES 000000 76.98 01-000015 UNITED STATES TREASURY I-T3 200611140390 111 5611-51440 FICA : FICA TAXES 000000 3.47 01-000015 UNITED STATES TREASURY I-T3 200611200392 111 5611-51440 FICA : FICA TAXES 000000 76.9E 01-000015 UNITED STATES TREASURY I-T4 200611070389 111 5611-51450 MEDICARE : MEDICARE TAXES 000000 84.68 01-000015 UNITED STATES TREASURY I-T4 200611140390 111 5611-51450 MEDICARE : MEDICARE TAXES 000000 8.41 01-000015 UNITED STATES TREASURY I-T4 200611150391 111 5611-51450 MEDICARE : MEDICARE TAXES 000000 17.12 01-000015 UNITED STATES TREASURY I-T4 200611200392 111 5611-51450 MEDICARE : MEDICARE TAXES 000000 84.68 01-000023 ABERNATHY, ROEDER, P.0 I-34 2793-0001M 111 5611-56510 AUDIT AND LEG: 34 2793-0001M PROF S 019595 28.00 01-000035 AMERICAN EXPRESS I-87002 OCT06 111 5611-56040 SPECIAL SERVICES 019557 239.00 01-000035 AMERICAN EXPRESS 1-87002 OCT06 111 5611-56210 TRAVEL AND TRAINING 019557 1,728.40 01-000101 CITY OF WYLIE I-126-0290-02 OCT 111 5611-56040 SPECIAL SERVI: 126-0290-02 OCT 019794 8.82 01-000154 EXTRUDERS DIVISION OF I-11906 111 5611-56030 INCENTIVES : 11906 EXTRUDERS EXPA 019539 50,000.00 01-000298 HAWK ELECTRONICS 1-199891 OCT 111 5611-56110 COMMUNICATION: 199891 OCT 019797 207.33 01-000317 SAM SATTERWHITE 1-101206 111 5611-56210 TRAVEL AND TR: 101206 REIMBURS MEAL 019660 15.41 01-000317 SAM SATTERWHITE I-101906 111 5611-52810 FOOD SUPPLIES: REIMBURSE MEAL OCT 1 019301 27.62 01-000392 WYLIE PRINTING & OFFIC I-14378 111 5611-52010 OFFICE SUPPLI: OFFICE SUPPLIES 019440 138.45 01-000392 WYLIE PRINTING & OFFIC I-14379 111 5611-52010 OFFICE SUPPLI: OFFICE SUPPLIES 019440 67.44 01-000392 WYLIE PRINTING & OFFIC I-14380 111 5611-52010 OFFICE SUPPLI: OFFICE SUPPLIES 019440 123.70 01-000468 WYLIE CHAMBER I-105696 10166 111 5611-56210 TRAVEL AND TR: LUNCHEON OCT 24 019277 24.00 01-000468 WYLIE CHAMBER I-105746 10166 111 5611-56110 COMMUNICATIONS 019681 194.17 01-000821 KENNETH L. MAUN 1-1010 2006 111 5611-56040 SPECIAL SERVI: 1010 2006 R-1180-001 019263 3,222.24 01-000821 KENNETH L. MAUN I-101006 111 5611-56040 SPECIAL SERVI: 101006 2006 R-1482-0 019243 9,470.58 01-000832 WOODBRIDGE GOLF CLUB 1-110706 111 5611-56090 COMMUNITY DEV: 110706 EDC INVIT GOL 019662 6,182.04 01-000855 RIBBONS, AWARDS I-110606 111 5611-56090 COMMUNITY DEV: 4 GOLF AWARDS 019628 39.80 01-000891 BIRMINGHAM LAND TRUST I-120106 DEC06 111 5611-57110 DEBT SERVICE : 120106 DEC06 PAY #33 019596 5,741.48 01-000928 SCOTT-MERRIMAN, INC. I-033230 111 5611-52010 OFFICE SUPPLI: MINUTE BK, PAPER, SH 019425 241.21 01-001173 RJ LAWN & LANDSCAPE I-102606 111 5611-56040 SPECIAL SERVI: MOWING 019415 250.00 12/15/2006 12:42 PM REGULAR DEPARTMENT PAYMENT REPORT PAGE: 2 VENDOR SET: 01 CITY OF WYLIE BANK: ALL FUND : 111 WYLIE ECONOMIC DEVEL CORP DEPARTMENT: 611 DEVELOPMENT CORP-WEDC INVOICE DATE RANGE: 1/01/1998 THRU 99/99/9999 PAY DATE RANGE: 11/01/2006 THRU 11/30/2006 BUDGET TO USE: 07-Final Budget VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK # AMOUNT 01-001173 RJ LAWN & LANDSCAPE I-110106 111 5611-56040 SPECIAL SERVI: MOWING LOT - $50. 019451 50.00 01-001173 RJ LAWN & LANDSCAPE I-110106a 111 5611-56040 SPECIAL SERVI: MOWING LOT - $60. 019451 60.00 01-001217 PROFESSIONAL APPROACH I-INV 090606 111 5611-56080 ADVERTISING : INV090606 1/2 PAY FO 019248 630.00 01-001274 JEFFERSON PILOT FINANC I-BL-312371 DEC06 111 5611-51420 LONG-TERM DIS: BL-312371 DEC06 019766 34.70 01-001274 JEFFERSON PILOT FINANC I-BL-312371 NOV06 111 5611-51420 LONG-TERM DIS: BL-312371 NOV06 019240 34.70 01-001336 AERIAL FOCUS 1-611413 111 5611-52010 OFFICE SUPPLI: AERIAL MAPS 019396 400.00 01-001786 GAME WINNING PRODUCTIO I-454 111 5611-56080 ADVERTISING : 454 HI-SCH F'BALL TI 019239 5,000.00 01-001788 DIGITAKES WEB DESIGN I-91406 ANNUAL 111 5611-54810 COMPUTER HARD: 91406 ANNUAL MAINT 9 019470 765.00 01-001792 INWOOD NATIONAL BANK I-104015301 NOV06 111 5611-57110 DEBT SERVICE : 104015301 NOV06 #13 019656 11,107.75 01-001936 UNIMERICA LIFE INSURAN I-102006 OCT06 111 5611-51410 HOSPITAL & LI: 102006 OCT06 019353 43.57 01-001936 UNIMERICA LIFE INSURAN I-01023 DEC 111 5611-51410 HOSPITAL & LI: 01023 DEC06 019607 43.57 01-002048 JAMES L. HUGHES I-112506 NOV 111 5611-57110 DEBT SERVICE : 112506 NOV DEBT SERV 019541 3,774.70 01-002049 LEAVE 'EM SQUEAKY CLEA 1-60 OCT06 111 5611-56040 SPECIAL SERVI: WINDOW CLEAN 10/03-1 019566 60.00 01-002050 BARON COOK I-102406 111 5611-56180 RENTAL : 102406 NOV 06 RENT 019236 900.00 01-002050 BARON COOK I-112006 111 5611-56180 RENTAL : 112006 DEC06 RENT 019655 900.00 01-002051 BEST IMAGE SYSTEMS, IN I-094126 111 5611-52010 OFFICE SUPPLI: 091426 COPIES B&W 019601 27.73 01-002051 BEST IMAGE SYSTEMS, IN I-094129 111 5611-52010 OFFICE SUPPLI: 094129 COPIES - COLO 019601 79.92 01-002052 TIME WARNER CABLE I-0190169 NOV 111 5611-56110 COMMUNICATION: 0190169 NOV 019661 95.00 01-002075 WELLS FARGO FINANCIAL I-6745947424 OCT 111 5611-56180 RENTAL : COPIER RENTAL 019426 319.34 01-002091 REPUBLIC CLOSING I-110306 111 5611-56610 UTILITIES - E: 110306 REIMBURS ELEC 019659 228.46 01-002091 REPUBLIC CLOSING I-11106 NOV 111 5611-52810 FOOD SUPPLIES: 11106 NOV COFFEE/DRI 019249 20.00 01-002091 REPUBLIC CLOSING I-111406 111 5611-56610 UTILITIES - ELECTRIC 019693 269.16 01-002091 REPUBLIC CLOSING I-120106 111 5611-52810 FOOD SUPPLIES: 120106 DEC COFFEE/DR 019771 20.00 01-002093 WYLIE HOME & OFFICE CL I-112706 111 5611-56040 SPECIAL SERVI: 112706 CLEAN 11/06 - 019772 400.00 01-002128 APEX VALUATION, INC. I-06-10-0400 111 5611-56040 SPECIAL SERVI: 06-10-0400 APPRAISAL 019261 1,800.00 01-1 CITY OF WYLIE I-111306 FY06-07 111 5611-59111 TRANSFER TO G: CITY OF WYLIE:2000HW 019603 5,000.00 01-1 GSC CONSTRUCTION I-112706 111 5611-58830 FURNITURE & F: GSC CONSTRUCTION:314 019765 45.00 DEPARTMENT 611 DEVELOPMENT CORP-WEDC TOTAL: 112,787.99 VENDOR SET 111 WYLIE ECONOMIC DEVEL CORPTOTAL: 112,787.99 REPORT GRAND TOTAL: 112,787.99 12/15/2006 12:42 PM REGULAR DEPARTMENT PAYMENT REPORT PAGE: 3 ** G/L ACCOUNT TOTALS ** LINE ITEM =_=====GROUP BUDGET - ANNUAL BUDGET OVER ANNUAL BUDGET OVER YEAR ACCOUNT NAME AMOUNT BUDGET AVAILABLE BUDG BUDGET AVAILABLE BUDG 2006-2007 111-5611-51310 TMRS 1,041.05 14,930 12,935.52 111-5611-51410 HOSPITAL & LIFE INSURANCE 1,423.47 14,340 11,580.20 111-5611-51420 LONG-TERM DISABILITY 69.40 880 775.90 111-5611-51440 FICA 157.43 10,400 9,859.63 111-5611-51450 MEDICARE 194.89 2,430 2,024.65 111-5611-52010 OFFICE SUPPLIES 1,078.45 7,000 5,560.02 111-5611-52810 FOOD SUPPLIES 67.62 3,200 2,981.59 111-5611-54810 COMPUTER HARD/SOFTWARE 765.00 3,000 1,690.00 111-5611-56030 INCENTIVES 50,000.00 485,110 424,985.00 111-5611-56040 SPECIAL SERVICES 15,560.64 124,950 76,138.60 111-5611-56080 ADVERTISING 5,630.00 50,500 42,525.00 111-5611-56090 COMMUNITY DEVELOPMENT 6,221.84 51,500 31,254.85 111-5611-56110 COMMUNICATIONS 496.50 6,020 5,333.50 111-5611-56180 RENTAL 2,119.34 17,100 13,150.85 111-5611-56210 TRAVEL AND TRAINING 1,767.81 31,350 28,483.60 111-5611-56510 AUDIT AND LEGAL SERVICES 28.00 12,500 12,472.00 111-5611-56610 UTILITIES - ELECTRIC 497.62 3,000 2,201.53 111-5611-57110 DEBT SERVICE 20,623.93 294,250 243,450.89 111-5611-58830 FURNITURE & FIXTURES 45.00 10,000 5,837.54 111-5611-59111 TRANSFER TO GENERAL FUND 5,000.00 6,000 1,000.00 TOTAL: 112,787.99 ** DEPARTMENT TOTALS ** ACCT NAME AMOUNT 111-611 DEVELOPMENT CORP-WEDC 112,787.99 111 TOTAL WYLIE ECONOMIC DEVEL CORP 112,787.99 ** TOTAL ** 112,787.99 NO ERRORS 12-15-2006 12:41 PM CITY OF WYLIE PAGE: 1 BALANCE SHEET AS OF: NOVEMBER 30TH, 2006 111-WYLIE ECONOMIC DEVEL CORP ACCOUNT# TITLE ASSETS CASH & CASH EQUIVALENTS 1000-10110 CLAIM ON CASH AND CASH EQUIV. 400,522.25 1000-10115 CASH-WEDC-INWOOD 0.00 1000-10135 INWOOD BANK-ESCROW 0.00 TOTAL CASH & CASH EQUIVALENTS 400,522.25 INVESTMENTS 1000-10341 TEXPOOL 0.00 1000-10343 LOGIC 0.00 TOTAL INVESTMENTS 0.00 ACCOUNTS RECEIVABLE 1000-11517 ACCTS REC - SALES TAX 0.00 TOTAL ACCOUNTS RECEIVABLE 0.00 INTERGOVERNMENTAL RECEIV 1000-12996 LOAN REC - JACOBY 147,648.48 TOTAL INTERGOVERNMENTAL RECEIV 147,648.48 INVENTORIES 1000-14112 INVENTORIES - MATERIAL/SUPPLY 0.00 1000-14116 INVENTORY - LAND 1,934,160.48 1000-14118 INVENTORY - BAYCO - SANDEN BLV 0.00 TOTAL INVENTORIES 1,934,160.48 PREPAID ITEMS 1000-14310 PREPAID EXPENSES 59,956.56 1000-14410 DEFERRED CHARGE 50,000.00 TOTAL PREPAID ITEMS 109,956.56 2,592,287.77 TOTAL ASSETS 2,592,287.77 LIABILITIES PAYROLL DEDUCT. PAYABLE 2000-20110 FEDERAL INCOME TAX PAYABLE 0.00 2000-20111 MEDICARE PAYABLE 0.00 2000-20112 CHILD SUPPORT PAYABLE 0.00 2000-20113 CREDIT UNION PAYABLE 0.00 2000-20114 IRS LEVY PAYABLE 0.00 2000-20115 NATIONWIDE DEFERRED COMP 0.00 2000-20116 HEALTH INSUR PAY-EMPLOYEE 94.90 2000-20117 TMRS PAYABLE ( 280.93) 2000-20118 ROTH IRA PAYABLE 0.00 2000-20119 WORKERS COMP PAYABLE 0.00 2000-20120 FICA PAYABLE 0.00 2000-20121 TEC PAYABLE 0.00 2000-20122 STUDENT LOAN LEVY PAYABLE 0.00 2000-20123 ALIMONY PAYABLE 0.00 2000-20124 BANKRUPTCY PAYABLE 0.00 12-15-2006 12:41 PM CITY OF WYLIE PAGE: 2 BALANCE SHEET AS OF: NOVEMBER 30TH, 2006 111-WYLIE ECONOMIC DEVEL CORP ACCOUNT# TITLE 2000-20125 VALIC DEFERRED COMP 0.00 2000-20126 ICMA PAYABLE 0.00 2000-20151 ACCRUED WAGES PAYABLE 0.00 2000-20180 ADDIT EMPLOYEE INSUR PAY ( 284.99) 2000-20199 MISC PAYROLL PAYABLE 0.00 TOTAL PAYROLL DEDUCT. PAYABLE ( 471.02) ACCOUNTS PAYABLE 2000-20201 AP PENDING 2,179.01 2000-20210 ACCOUNTS PAYABLE 0.00 TOTAL ACCOUNTS PAYABLE 2,179.01 CONTRACTS PAYABLE 2000-20540 NOTES PAYABLE 1,307,897.26 TOTAL CONTRACTS PAYABLE 1,307,897.26 DEFERRED REVENUE 2000-22270 DEFERRED REVENUE 147,648.48 TOTAL DEFERRED REVENUE 147,648.48 TOTAL LIABILITIES 1,457,253.73 FUND BALANCE/EQUITY FUND BALANCE 3000-34590 FUND BALANCE-UNRESERV/UNDESIG 1,336,440.55 TOTAL FUND BALANCE 1,336,440.55 TOTAL BEGINNING EQUITY 1,336,440.55 TOTAL REVENUE 8,664.30 TOTAL EXPENDITURES 210,070.81 TOTAL SURPLUS/(DEFICIT) ( 201,406.51) TOTAL EQUITY & SURPLUS/(DEFICIT) 1,135,034.04 TOTAL LIABILITIES, EQUITY & SURPLUS/DEFICIT 2,592,287.77 ment Corporation Development princi al Balance Wylie Balance Sheet Sub ledger Bala2006 Interest $1272,201.60 December 7, princi al Pa meat $783,214•99 Notes Payable 43.51 $3,787.98 143,0 2006 $7,319. 77 862.88 331,638.76 October 31, 107.75 4,878.60 1,668.72 $1,257,897.26 Inwood t#13 of 12Q) $15,,774.7 2,105.97 November ham t#33 of 60) 3,774.70 girmin9 of 120) Hughes November 30,2006 Wylie Economic Development Corporation Balance Sheet Subledger Cost Basis ents s ft. November 13,2006 Im rovem $2Q2tp45 I.lovem Acrea e of a Land Address 0.48 539,000 Inventory- nla 709 Cooper 466,585 McMasters 25.00 10,400 Martinez Lane 0.92 239,372 Martinez 211 -212 Industrial186,934 Hughes 1.09 6,500 2806 F.M.544 3,625 0 46 200,224 Ferrell 4,$04 706 Cooper Heath 707 Cooper perry 28.44 $1,934,160 Total Wylie City Council CIT_1te Y OF WYLIE AGENDA REPORT Meeting Date: January 9, 2007 Item Number: 1 Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: 01/03/07 Budgeted Amount: Exhibits: Eight Subject Hold a Public Hearing and consider, and act upon, Ordinance No. 2007-01 amending the zoning from Agriculture (A) to Single Family— 20/26 (SF-20/26) District for proposed single family residential uses, generally located south of Alanis Drive and west of Ballard Avenue. ZC 2006-18 Recommendation Motion to approve Ordinance No. 2007-01 amending the zoning from Agricultural (A) to Single Family—20/26 (SF-20/26) District for two tracts generally located south of Alanis Drive and west of Ballard Avenue. ZC 2006-18 Discussion Owner/Applicant: Clay Blakey The subject property is located south of Alanis Drive and west of Ballard Avenue. The applicant is requesting to rezone 1.746 acres to allow for single family residential uses. The subject property has been within the corporate city limits of Wylie since 1988 and was final platted in April 2006. The plat created two single-family residential lots each being 38,028 square feet(0.873 acres)in size. At the time of platting no plans for development were submitted. The applicant now desires to construct a residential dwelling on one lot. Because the property was in a holding zone of Agricultural, it must now convert to permanent zoning prior to construction and prior to the issuance of building permits. The Comprehensive Plan recommends low density residential for the subject property. The approved plat has a lot width of 106.78 feet and lot depth of 353.62 feet. The SF-20/26 requires a lot width of 100 feet and lot depth of 150 feet. The proposed dwelling size is a single story dwelling unit totaling 3,131 square feet inclusive of attached garage, porch and a detached garage. Air conditioned space is 2,164 square feet plus 464 square feet designated as a future room (2,628 s.f total a/c). The future room will be built and provided with air conditioning at the time the dwelling is constructed. The minimum dwelling size required by the SF-20/26 District is 2,600 square feet, exclusive of garages. The property to the east is .949 acres in size with a total living space of 3,539 square feet. The property to the west is 2.876 acres in size with a two story dwelling unit totaling 1,500 square feet of living space and several accessory buildings on the property. A single family dwelling unit with a total livable space of 1,588 square feet occupies .717 acres southeast of the subject property and fronts Ballard Avenue. Page 1 of 1 Page 2 of 2 Although the Comprehensive plan indicates low density residential, staff feels that given the surrounding properties along with the platted lot size of the subject property, the SF 20/26 meets the general intent of the Comp Plan for larger lots, and allows the property owner to maintain conformity with the Zoning Ordinance. Lot sizes are platted as .873 acres as opposed to one(1) acre as recommended by the Comprehensive Plan. CONSIDERATIONS: 1. How other areas designated for similar development will be, or will unlikely be affected by approving the proposed amendment to the zoning map. 2. A zoning classification of SF-20/26 is not in conformance with the Comprehensive Plan, but will allow the property to be legally conforming. 3. Due to the limited width of the platted property, the lot width can not be met to satisfy the requirements of the Comprehensive Plan. 4. All territory annexed into the city shall be temporarily classified as A/30 (Agricultural District), until permanent zoning is established by the Council. Consider permanent zoning for adjacent properties with existing development. The Planning and Zoning Commission approved the request 7-0. Notification/Responses: Six (6)notifications were mailed, with no written responses favoring the request returned at the time of posting. Approved By Initial Date Department Director RO 01/03/07 City Manager MA 1 [3(0 r/ rrri.. .. ..--- ___ ___, ____ ....m.....■ :i.� .... .__, D h gs[[one wo' J E i i i �• ! 'a I I I I -- i i i ;, — i ; i -1 Gj b(eoaow Cone — I I` i Estofes Lone H I 1 I g + i _.. t j j �� j r..t.. i n way es wine 1 N II ii 1 1 I 1 1 j — 1 Z ft. g i 1E O F 1 D R g. 1---in-70157 Cii i Z \N\/',..s.s.s.......,_..__.._...__. ._. Q ! ii.. ..i ,. 1_--1i1.!.L1"-_.-_—_-__._--_i,L._ i!i D i m 1 ._ :•1r 1 :• ardd Avenue S u allord A i - 1 venue ,...............\.., I \ D SaWaleaO j T _ J 1 CoN 11 9 - '! mi. 01` ( r 1 ___, . II 11� JAM - Ccurl L _..l_ . �m W ice__.. _...}._._ 1_ Go�Crre _ t ��� 1 .10 MI IIII _._.._.._.._.._. �. ■� I I I , _ j _ - Dnve - -tool coal . y 1IjI o L'H° .ebrrves� ! Mil MIN ',11111 IIII MI ,��' -- -i *simll III' Sena manta Ms -—r--;i11a. . . * I ! $ Red RIver L _ 1 ORDINANCE NO. 2007-01 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 2006-18, FROM AGRICULTURAL (A) DISTRICT TO A PERMANENT ZONING CLASSIFICATION OF SINGLE FAMILY — 1A/30 (SF-20/26) FOR PROPOSED SINGLE FAMILY RESIDENTIAL USES; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: SECTION 1: That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a permanent zoning classification of Single Family — 20/26 (SF-20/26), said property being described in Exhibit "A", and Exhibit "B" Zoning Exhibit attached hereto and made a part hereof for all purposes. SECTION 2: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3: That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4: Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. Ordinance No.2007-01 Zoning Case 2006-18 SECTION 5: Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6: This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7: The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 9th day of January, 2007. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Date of publication in The Wylie News—January 17, 2007 Ordinance No.2007-01 Zoning Case 2006-18 Exhibit"A" Legal Description ZC2006-18 OWNER'S CERTIFICATE COUNTY OF COLLIN )( STATE OF TEXAS )( WHEREAS Clay Blakey is the owner of a tract or parcel of land situated in the City of Wylie, Collin County, Texas, being part of the Henry L. Douglas Survey Abstract Number 292 and being part of that tract of land described in deed to said Clay Blakey recorded in Volume 5648, Page 1159 of the Deed Records of Collin County, Texas and being more particularly described as follows: BEGINNING at a 2 inch iron rod with yellow cap found for corner in the southerly right—of—way line of Alanis Drive (a 60 foot wide right—of—way), said iron rod being the present northeasterly corner of said Cloy Blakey tract and the present northwesterly corner of that tract of land described in deed to James L. Blakey and Alice L. Blakey recorded in Volume 2390, Page 66 of the Deed Records of Collin County, Texas; THENCE South 01'00'00" West along the common line of said Clay Blakey and James L. Blakey and Alice L. Blakey tracts, passing at 201.12 feet a 5/8 inch iron rod found at the southwesterly corner of said James L. Blakey and Alice L. Blakey tract and the northwesterly corner of that tract of land described in deed to Jeremiah Justus recorded in Volume 4800, Page 1408 of the Deed Records of Collin County, Texas and along the common line of said Clay Blakey and Jeremiah Justus tracts, in all, a total distance of 358.84 feet to a lh inch iron rod with cap stamped "LONE STAR" set for corner in the northerly line of that tract of land described in deed to Peter L. Nicklas and Sue Nicklas recorded under County Clerk's File Number 94-0024430, Deed Records of Collin County, Texas, said iron rod being the southeasterly corner of said Clay Blakey tract and the southwesterly corner of said Jeremiah Justus tract; THENCE North 88'34'00" West along the common line of said Clay Blakey and Nicklas tracts a distance of 213.56 feet to a lh inch iron rod found for corner, being the southeasterly corner of said Clay Blakey tract and the southeasterly corner of that tract of land described in deed to Timothy Tye and Karen Tye recorded in Volume 1230, Page 749 of the Deed Records of Collin County, Texas; THENCE North 01'00'00" East along the common line of said Clay Blakey and Tye tracts a distance of 353.62 feet to a IA inch iron rod with cap stamped "LONE STAR" set for corner in said southerly right—of—way line of Alanis Drive, being the present northwesterly corner of said Clay Blakey tract and the present northeasterly corner of said Tye tract; THENCE South 89'58'00" East along said southerly right—of—way line of Alanis Drive and the present northerly line of said Clay Blakey tract a distance of 213.58 feet to the POINT OF BEGINNING and containing 76,072 square feet or 1.746 acres. '' \ XHIBIT „B,o C 2006-18 1 ' II''''.,., .�-'tea. •-. P y :..tp..• - ..wu .a . , r.. i� d 44.1 , ___•.,____ _ •„•••,_• •••• ••.• • ..., _ . .... ,aye ar. ��`� .1�,.4 � + � 4 h , t Y, Wwry•* �, - - y m .. , . '' ...1....'1'7.::: ' '-' . M N i s� 26,21 ► 11,2. aro ► P y 1r0 ,z{ 104. 11•{ 1VCr YP SP tlP a.♦ O 4�....... O ..�.g..1.�..�...,.�.�....�...a., pli O n : YS i. I' V 1 O 1 R N r 4 v E g © � g 1 ©�• " . . �Iog15� Otl Y — 1 .4-I Y b !, r _ �4 © 4 1 mo 4411, 3u., ! /1.1 z ,t,. e tre kiiiiN 5,ff EV•c d ...—.1—'. CI 11.J1 g g 2 1-icL, Ct rt- t}z, N 4 mix! 1 'I j `J I•Y1P,:,_:._._-_ _- t. IqY V, It .o a Yo TI y IIP T 1 -—_--- 7 ..11 H _.... RI a' A I c-1• ► fro ¢ 6 6 $ 4 1 aC� " Z / I 4 oOp R 6 C ;e ie • ` n a 'V l ..”'^e-G ii 1 A N '33 II '3i o I I " 4 R PI !1i NAV MI MA V_ z: or;oeo 1'";• 110 , 1•40 13.4. I fro i Yo r{e M e 712-2. le 71 1r ` O q N v �xxx k�aa+ � R ~1 ..Custom A..1d.oa.tort I. I... TOLL P1esE �qq ®1M,� A s 30C18tGL; i_866-oo-P1-A S (467-.3267) t 2 OLADSTONS V W i• He m P g oy y4- J H sWw.r: ,�1;n/ n - trr.woR'cH Q A OUTBACK i:��:/ DCS1gns _CI�I'IZ u>-vav"!>to6 P i O21.1221•432e42a4121122lwm.o112211.012421241100213124 nwranea MOMS nwanowe Mr Ili Pmra.rIMMIN8 RIMAOInlao.eso.wm.aarawllurrrarwra a/05.41weaw13.1M1MD1.1eo«lwswueortsme. /i CUSTOM sti0. I Od4 ‘,Orvcw1 no°O, 1 n01 y N 1 tar 1� 1111utig1�.�1 IIt 1 ,, w c."'Cz '�fimu11[n iali mmmininle 1m1. e�-�.nmml unn�nlummn 1 aIS1zIJ I�II1111Mhr.., 1 p� ' p g =i I - I —i Iminl i i N & f _ —= ...,� /% ---ii1111 11119111111 li_r=__ Aleaf 1 IIq�V.%11. eV If o _=�a 1i.11r01111u111{I - 111n11i111111N1111 R':lr 111gIlim 4 e TilL -��!/4 -___ - I1111111111111111'"" .1��� e mow. ` _ __-__ Lis © 6..i■//wcwu ,,a 1 4/7D WfW1f65. 0plat I :, 111111 111 .. _ �• 6� �0.tiP. �J� 1 aLI�I 1 nelwalnw. -- I 1°III'g._. ........ 7 � _ `k[ __ - _- �I !'1 ,wme.o al y V) REAR ELEVATION N Y DI 1 . 1, a ra 10 ' illll' -'1 r AffatiNifiIlrf11�I n�1 112 wife,.© w °1..'O<IP z r d11161111.11.:1�1111 111111f1D1. 1:r 12 nas \ 1 ld.....� alitraffi githlln11�11111r!i1W `„ -112 �, AI nminmlmlmVn'711111i 1711111111► ........... "a1�i►nnn.n11 un.nu.11'1111 i1111111/ ,,,,,m b� a�Ia�ulnuunnm0°°n n IH11nT AC71r Imnu1.unnnmulcnll•7O 11111111111 2 - - - d�111% 711r `` l,47.4"°'0 IiIi / •l1111111i11 mnnn... .. 11 1 IF - ` _ '1111011E11. a�r Ili a. A\C M1 �Ia1III -I� .l. erg n.... f, e °.z- dill I ■Fr ■►a 11 t®1:�•1E1 �� 4 b 1,m.,�. I,.. �-:=_- (pest •e1ar . mo,...:. ., a 0 4_..—.— -_!.py119PlLW�-._ _.� _il , -...„,� .=1,-„,___ uul l _________i=_,_,_ _ l nom._._._. , O !y� 1( _ �r/ Yf �O'�m -=__==,�.. _ - to '1: mu..... �..mt..nn..... I, _ ��'�1� i III � 1 � '! =_=_= uaiu - 17I ._.. b Fl .+.. '=:._ IIIIII.s -1111111111111111 ®O 11111111 ��• a 0 3 rt SCAM20C• IIIIIIIIIIIIIIIII IIIIIIIIIIII _- - -____ Kt na1 lent Q e. N i FRONT ELEVATION 199-2164-12O4 `� 2 OF 7 C corxwol.r anon NQ 1IFICA p,PPL1GA�N Blakey 75098 ADDRESS anckw. GI Box 434 We,Tex Box 434 � ER N�E � 7 5098 pRppERN pYVN We,Texas 1 D, # ApPltcant 30b plants pave Ct T cm BIaKeY Wy11e,Texaa d p 98 e venu BLICI�S� �pTR�` Tama T - i 530 as 7 5098 © Po Box 449 p00-0070-i 17 554 WilliR-b292- des Blake un�► gox 434 292 Tract 7 Vlrginta Foote 7 5096 111 b292-000-0190-i Gomattne PteY le,Tex Ttacfi 19 PD Box 435Q98 IS pest.292 R 62b7-000-0080 i WO COI �1e,Texas 7 Ttact 8 ap10-i © pbsfi,267 BtaK Addn R gp87-oo! CO gtakeY tot 1 0020-1 111 BIK A Blakey p�d'n R.9087-p0A lofi2 11 Bik p ILO priAliii wis iiilli lrara10iIwoi rais.iii 11411111111111111 illai r� Tr Ai94 i- 2612. 4. 2'12. A • 21'2 \ 0 T"r7 Tr8 rr 1‘1 1 kke.y AMrr S Oyu,-��ide C-y � J O I = 1o0 OWNER NOTIFICATION MAP ZONING CASE #2006- 18 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: January 9, 2007 Item Number: 2 Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: Date Prepared: Budgeted Amount: Exhibits: Resolution, Display Subject Tabled Item from December 12,2006 (MOTION TO REMOVE FROM TABLE): Consider, and act upon, approval of Resolution No. 2006-26(R) supporting an alignment for Parker Rd. (FM 2514) at the intersection of FM 1378. Recommendation Motion to approve Resolution No. 2006-26(R) supporting alignment option for Parker Rd. Discussion On September 14, 2006, a public meeting was held to discuss alignment alternatives for FM 2514 at the intersection with FM 1378. The Collin County engineering consultant — Birkhoff, Hendricks, and Conway — presented five alignment alternatives as shown on the attached display. The City of Wylie Thoroughfare Plan currently reflects alignment option 2. After the alignment is finalized, right of way documents will be prepared for the project. No construction funds are currently available to construct the realignment. This item was tabled to allow time for the Engineering Department to contact residents/businesses in the area to obtain more information regarding the proposed options. A meeting was held on December 13th with representatives from the Town of St. Paul to discuss the alignment alternatives. They have passed a resolution in support of option 2 and modified their thoroughfare plan accordingly. They also indicated that their engineer is completing a schematic design of the intersection of Parker Rd. with alignment option 2. Approved By Initial Date Department Director CH 11/2/06 City Manager !!` l Y nn, �l3/b-7 Page 1 of 1 • • „/""_ • -ems ,r Ill E t i 1. I 1 1f 11,• >< � ! 11 (`• i lief P i + i s I 1111411 i,il 1 1! it/ t% t'r il11j:� • j I 1 ! �' ! I i i 1t t 1 t;�l '•+ °o —11,ff Isi .i ;', a;�pd I sit i : 1 !� H 1 1 1 �1 ,1t1:�11 L` 4' ` it 111 li `I:i�l,j, ; ' 1 III 1 rl + 1 iti 1 1 1 t• 1 ••t' t 14 fig � +e f+,:, :•1 11 lu 1, , , s s LIit!,I , ' , t Ii 1LJ1IId �: �� �1tltltl�l i t it ! iIi `� , i.i1C,..tf�11 ,: ;,• •. It1!i � � ■ t l 11 i i 7 1 1 1af t� 3 s , t t 1 44riitiiil,.il■,�! , I iI .1 1; 'ifa3iit ,<i Ii •Ili hill■. tit!Iu. ■ . . .' 11 .,}i „1 •,• Ili,i `1. I IIIIII! 4`i 1• I .I.;r ,%`C I 1 Ij li 1 1.1111;1 11 1111111111'11:1 lit 1�1111 :1! 1311: :I 1 PO WO 1 1% 1 ! C• i 1 i �ij{i�l1�;�11[iit1i.11:i11 i ffj st�t f t s l PI i i i l l f t s t[fly( Y!I �1 tI! lill fil111il �s. 11tt1,iliIti1 1,11111!ii11111111all 111i I •0 1 ]t t t �;••• 'lCtY 13 ns NOsY7L1Y4 ' WM ",,.,,_ tt •••."-•••".'t. ..„, ---....C-• 't ;•lp Ems I.- ",, • ..1-::.."--..... ' 7 _...t,ltri. ,..., ... ..1-- _ _ ..-_-_...... .4, „..;, , .._ ......„:..... ......: .„. .7..---: , 1.,41,,::,:::. /it& ..,,.,,.... "-... _ . ..::.-7:--- ''. '''' " % I 1 V ,,,..q. ? 1 •. 11-----!.;1..i9--..'.- :... .....----4-7, 1".-- ------t.I: .....'• .:,- , f ..,' ,• , ... • \...............Thi 1 • _171 • I _ I I .1 0 ii.• r. n ' ..... Dv 1.. 1,.-: ..--- •• ....-- • ; ,. ' • • La . ..-.__.'' ' ��i. i ate, . v'♦ J ' 4...1 { 2 1 , .•,0 ;',.`:,.• .I •' f I 0 • 1• 1, 1 d i �. .' ' '4-.% �. , •4,.� i I• Al Ii..`i. :ri7a P+t7i' _ — % — - -• a . {t r ,. ;�-,dit ltiilcrtll — r' L �..� —•-. 1 P . • o r n.._ h .. :- ..`It yb'•1 # t. i `x,, • ,,ii•1• •_ •+!r.."'t• �.• ' /.. ii p -. i • gl � ElI1l1[ ki , , t : , ld .•• • � •- ., 1 �Gillil s ;` . i t `• � .:... .. , -. . g .• 1 I li . i Ulll!1111111 i ' II 3,1 it- i 11)1! 11111., ......11 I11I . ... LPI CE,,t, I€11,�`"tr,' 'a . . it Iiii..�.. , Ifillff:f� fif ..., t sma.u,±ass 1 lin 1 F a a s I • • RESOLUTION NO. 2006-26(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, TO RECOMMEND THE ALIGNMENT FOR FM 2514 (PARKER RD.) AT THE INTERSECTION WITH FM 1378. WHEREAS, FM 2514 serves as a major east-west thoroughfare for the City of Wylie; and WHEREAS, the intersection of FM 2514 and FM 1378 provides retail and commercial development for the City of Wylie and surrounding areas; and WHEREAS, the City of Wylie Thoroughfare Plan currently shows a realignment of FM 2514 at FM 1378; and WHEREAS, five alignment alternatives have been presented for FM 2514 as shown on Exhibit "A"; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Council recommends Option for the alignment of FM 2514 at the intersection with FM 1378. SECTION 3: This Resolution shall take effect immediately upon its passage. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas this the 9th day of January, 2007. JOHN MONDY, Mayor ATTEST TO: CAROLE EHRLICH, City Secretary Resolution No.2006-26(R) Parker Road Alignment EXHIBIT "A" Alignment Display Resolution No.2006-26(R) Parker Road Alignment .'� , Few s;; .. , • _ s y . .. 1 ,11 L '. a , _ 1 r 1. 4 .,„, .. P , Isio 4 • :„ 7 r a { n i 144 . . •.. 1 { art 1 . } e�� 4 . ... ., , , 44, t ,r' ♦ 1} 1 , , y ;,fib i t .., 4 r i i Xis r' r ,� a, ,;". i r d i '° -w I i! 1. r. • k'. d d r tiij -', 44 4 . ♦• ' , 1 r . ..,,.e•p.n,,.�y « .. rya, ^°'".""' s 1, ? 4 1'' a* J w.y, +' P a f ri ti I 1 11 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: January 9, 2007 Item Number: 3 Department: City Secretary (City Secretary's Use Only) Prepared By: Gayle Walton Account Code: Date Prepared: December 28, 2006 Budgeted Amount: Exhibits: One Subject Consider, and act upon, the appointment of a Board of Directors member of the North Texas Municipal Water District(NTMWD) to complete an unexpired term beginning January 2007 and ending May 31, 2007. Recommendation A motion to appoint to the North Texas Municipal Water District (NTMWD) for the unexpired term of January 2007 to May 31, 2007. Discussion The Board of Directors of North Texas Municipal Water District is a policy making body similar in nature to the City Council. The Board is responsible to both the State of Texas and to the member cities for assuring that NTMWD operations occur in accordance with state and federal law, in alignment with NTMWD policy, and in the best interests of the cities receiving services. NTMWD's existing Board (18 member cities) is comprised of individuals who have worked to represent their communities in other capacities and who have a solid understanding of municipal concerns to share with other Directors. Historically, Directors have dedicated from 10 to 30 years of service to the Board, thereby gaining experience and contributing the necessary leadership. This provides for maximum benefit in order to assure the City's needs are met in the most effective manner. All NTMWD programs provide service based on cost to serve, with all cities provided equal treatment. Therefore, NTMWD policy established by the Board of Directors affects cost, performance and quality of service. The City of Wylie has two board member positions on the NTMWD Board: Mr. Marvin Fuller whose term expires May 31, 2008 and a position that became vacant upon the death of Mr. Harry Tibbals. This position term will expire May 31, 2007. The City Council will need to make an appointment for the unexpired term of December 2006 to May 31, 2007. Approved By Initial Date Department Director CE 12/28/06 City Manager itIn 1 3 )0-7 Page 1 of 1 Ira • NORTH TEXAS MUNICIPAL WATER DISTRICT Regional Service Through Unity November 21, 2006 Ms. Mindy Manson, City Manager City of Wylie 2000 Highway 78 North Wylie, Texas 75098 RE: NTMWD BOARD MEMBER APPOINTMENT Dear Ms. Manson: It is with regret that we send this letter to official request that the City of Wylie consider an appointment to the NTMWD Board of Directors to complete Mr. Harry Tibbals's term of office that expires May 31, 2007. The City Council, by a majority vote, should appoint another Director to complete this term. In accordance with the statute creating the District (Article 8280-141), the qualifications of a Director include the following: "No person shall be appointed a Director unless he resides in the city from which he is appointed. No member of a governing body of a city and no employee of a city shall be appointed as a Director." Under other state law, no other government official that receives compensation could be appointed. It is my practice to visit with new Directors in an orientation session prior to their first meeting; therefore, please notify my office in writing when the City Council has appointed a Director to complete the term. Should you have any questions or need additional information, please do not hesitate to contact my office. Sincerely, 11'1% --9?-z____„ MES M. PARKS ecutive Director JMP/mcf cc: Ms. Carol Ehrlich, City Secretary 505 E.Brown St.,P.O.Box 2408,Wylie,Texas 75098-2408 Telephone:972/442-5405 Fax:972/442-5405