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12-21-1998 (City Council) Agenda Packet WYLIE CITY COUNCIL rt/eft Special Called Meeting Agenda Monday, December 21, 1998 6:00 p.m. Wylie Municipal Complex-Council Chambers 2000 State Highway 78 North Wylie,Texas 75098 Item No. Agenda Item Action Taken Call to Order Invocation Pledge of Allegiance Proclamations&Presentations Declaring Tuesday,December 22 as Christopher Michael Ryan Day in Wylie, Texas in recognition of his achievement of Eagle Scout. Citizens Participation ITEMS FOR INDIVIDUAL CONSIDERATION Public Hearing-6:00 p.m. 1. Consider and Act Upon a request from The Kansas City Southern Railway Company and Tolmak,Inc.,for approval of a zone change from A(Agricultural); B-1 (Business); SF-A (Single Family Attached);SF-2&SF-3 (Single Family Residential)to B-1 (Business) and I (Industrial) for the property generally located at the northeast corner of Spring Creek Parkway and SH 78 and being all of a certain 202.392 acre tract out of the Francisco De La Pina Survey,Abstract No. 688, City of Wylie,Collin County,Texas. Executive Session In accordance with Chapter 551, Government Code, Vernon's Texas Codes Annotated (Open Meeting Law). Section 551.071, Discussion with City Attorney on a matter concerning Kansas City Southern Railroad in which the duty of the attorney to the governmental body under the Texas Disciplinary Rule of Professional Conduct of the State of Texas clearly conflicts with this Chapter; and Section 551.075 Conference with City Employees to review information from employees concerning Kansas City Southern Railroad;and Sections 551.071 Consultation with City Attorney; and 551.075 Conference with Employees to Discuss Issues Regarding the Future Development of Spring Creek Parkway. Reconvene into Open Meeting Take any action as a result of Executive Session. Agreements and Appointments,', 2. Consider and Act Upon the approval of a formal agreement between Collin County,the City of Wylie and the Kansas City Southern Railway Company. ITEMS FOR INDIVIDUAL CONSIDERATION- continued Agreements&Appointments 2. Consider and act upon a formal agreement between Collin County,the City of Wylie and the Kansas City Southern Railway Company. 3. Consider and act upon the approval of a formal agreement between Collin County and the City of Wylie regarding State Highway 78 Right of Way. 4. Authorizing the City Manager to enter into a two-year Contract with Foerster Engineering for an amount not to exceed$96,000. Staff Reports Adjournment. I certify that this Notice of Meeting was posted on this the 18th day of December, 1998 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code. City Secretary Date Notice Removed The Wylie Municipal Complex is Wheelchair accessible. Sign interpretation or other special assistance for disabled attendees. Must be requested 48 hours in advance by contacting the City Secretary's Office at 972/442-8100 or TDD 972/442-8170. WYLIE CITY COUNCIL INDIVIDUAL CONSIDERATION December 21, 1998 Item No. 1 Issues: Consider and Act Upon a request from The Kansas City Southern Railway Company and Tolmak, Inc., for approval of a zone change from A(Agricultural);B-1 (Business); SF-A(Single Family Attached); SF-2&SF-3 (Single Family Residential)to B-1 (Business) and I(Industrial)for the property generally located at the northeast corner of Spring Creek Parkway and SH 78 and being all of a certain 202.392 acre tract out of the Francisco De La Pina Survey, Abstract No. 688, City of Wylie, Collin County, Texas. Background: This item was presented Council at the December 15 regular meeting. The public hearing was opened and recessed until 6:00 p.m. on Monday, December 21, 1998. The applicant is requesting rezoning on 202.392 acres in order to develop the property with a high quality, rail-oriented industrial business park. Currently the property is vacant and zoned for A (Agricultural), B-1 (Business), SF-A (Single Family Attached), and SF-2 & SF-3 (Single Family Residential) uses. The properties to the north are vacant and zoned for I (Industrial) and A (Agricultural)uses The properties to the east and northeast are not within the City of Wylie proper. The properties to the south are zoned for A(Agricultural) and B-1 &B-2 (Business)uses and partially developed with a variety of uses, both conforming and non-conforming. The property to the west is vacant and zoned for MF(Multi-Family)uses. The property to the northwest is zoned I(Industrial)and developed with military uses(Armory). Public Comment Forms were mailed to twenty-nine(29)property owners within 200 feet of this request. One(1)Public Comment Form in support of the request has been returned. Other Considerations: • The Comprehensive Plan recommends industrial, retail, commercial, and business uses for the property. The proposed zoning is consistent with the Comprehensive Plan and compatible with the surrounding development. • At the November 17, 1998, Planning and Zoning Commission meeting, the applicant amended his application to include a request for a B-1 (Business)district zoning buffer along the SH 78 frontage. Specifically, the applicant stated that they would like to rezone the area fronting SH 78 at a depth of 300 feet to B-1 (Business). The request to rezone the remainder of the property I(Industrial)has not changed. Individual Consideration Public Hearing-KCS Paae I • The applicant is aware that the property must be platted prior to the issuance of any building permits. Financial Considerations: Application fee in the amount of$425.00- Paid Commission Recommendation: At the November 17, 1998, Planning and Zoning Commission meeting, the Commission voted unanimously to favorably recommend this case per the applicant's request to incorporate a 300 foot deep buffer of B-1 (Business)district zoning. Staff Recommendation: Approval The Departments of Public Works, Fire, and Community Development concur with this recommendation. Attachments: Public Comment Forms Location Map Area Zoning Map Property Owner Notification Map Property Owner Notification Report Public Hearing Notice Zoning Change Application Ordinance Prepared by Reviewed by Finance City Manager Approval Individual Consideration Public Hearing-KCS Paae 2 PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 VI am FOR the requested zoning as explained on the attached public notice for Zoning Case#98-16. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#98-16. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,November 17, 1998,7:00 pm Municipal Complex,2000 Highway 78 North, Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,December 15, 1998, 7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: (please/ ge-ly int)Yv Address: �JJ� U14/%ram Wylie Tax Account Number 7 (if shown on enclosed map): �- 'Jr-) 0-D G 0' 2G-/ to Signature: Date: �/// —1/ COMMENTS:/ IN 4.1 ,a/ 52--x_ -------/ _____.) ij > , r 1111- -- ,..,------- rad 151 \ ,,‘..v .,%711,. SUBJECT / PROPERTY 11. -,--___=) / : ___ / / , _ , / 0.1°D . .0;, ------- , / 0-' . c U 11 c The 'i wa 'o. i 1 I \rlllillf Hi! I /, • =1 111111111111 _:1- ..W Iillll illll 1 _ 11 11111111 �.• f i tll III — 1111111 II 1_ oij -- — wEg— HI Hill 1111111I1111I I' — i ' ----- 111111111 IIIIIIiIII I II 1 _ , '' \ WIWI IIIIII11111 IiIIIL 1 1 ' I 1 = = /1111111 I ! _ lliilliIIIIIII Red !z ----Thh_ ___________H_1 1 I--- I{I1 , 1 1 , nil ( �) I 1 I 1 I I I ---ram I I I I r III I PROJECT LOCATION MAP ZONING CASE #98- 16 ,. i i A i i' N % �'Th _ �;� A 1 - 700' :' -_ ' - % I I I 1 ' ood _..__ ,A._.. .�an�o �e a R-6688-002-2020-1 I '_ptchison ek° on- i R-6688-002-1960-1 =.:- vii irk ii I R-6688-003-0370-1 R-6688-003-0360-1 SUBJET PROPERTY R-6688-003-2080-1 le 3 � KCS SOUTHRN RAILWAY CO. , , , &ITOLMAK C i I 1 : � B-1 -1A �. - � 2 i i I i - iA / . _ .011ie Court SF-2 IM III I ' ' ' a- ' 1 ZONING AREA MAP k. .________.__._.._. .._ ___._.____. ZONING CASE #98- 16 I j i tl t j .:. //://. i! f ;� 26 C�-----. !' ; %i i --- 24 !.% ! 12 25 og. 1 __ i ` 15 °n ° ___ R-6688-002-2020-1 23 _._.._..ova 20 _ /_.._.._.._..,_.._.._.._.,�.a��ekO R-G688-002-1960-1 Atch�sOn R-6688-003-0370-1 ..___ -."..'_..-- 13 R-6688-003-0360-1 ---'- 9 17 SUBJE T PROPERTY R-6688-003-2080-1 ,e 10 KCS SOUTH RN RAILWAY CO. a) ... / & TOLMAK t • , 19 27 o. HWY 78 .._.., it 1 213 ' 4 5 6 7 8 22 211 1S �'— iI �.._.._.._._.._.._ i I \ j i i i ; i i I j 1111 1111111 ,�,T,. �. 111111111111 s - 1 11111111111� �-- I Court i i i 1 I I I 1 I I 1 I 1 i —=,� —i PROPERTY OWNER NOTIFICATION MAP . ZONING CASE #98- 16 NOTIFICATION REPORT APPLICANT: Kansas City Railway &Tolmak, Inc. APPLICATION FILE # 98-16 1601 Bryan, 30th Floor Dallas, Texas 75201 # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Wylie Ranch East Comm. 3831 Turtle Creek Blvd #10G 1 Lot 1 R-1182-000-0010-1 IRM Investments Dallas, Texas 75219-4413 Wylie Ranch East Comm. 3831 Turtle Creek Blvd #10G 2 Lot 2 R-1182-000-0020-1 IRM Investments Dallas, Texas 75219-4413 Wylie Ranch East Comm. 3831 Turtle Creek Blvd #10G 3 Lot 3 R-1182-000-0030-1 IRM Investments Dallas, Texas 75219-4413 Wylie Ranch East Comm. 3831 Turtle Creek Blvd #10G 4 Lot 4 R-1182-000-0040-1 IRM Investments Dallas, Texas 75219-4413 Wylie Ranch East Comm. 3831 Turtle Creek Blvd #10G 5 Lot 5 R-1182-000-0050-1 IRM Investments Dallas, Texas 75219-4413 Wylie Ranch East Comm. 315 Callie Court 6 Lot 6 R-1182-000-0060-1 Roy Neely Wylie, Texas 75098 Wylie Ranch East Comm. 315 Callie Court 7 Lot 7 R-1182-000-0070-1 Roy Neely Wylie, Texas 75098 Wylie Ranch East Comm. 315 Callie Court 8 Lot 8 R-1182-000-0080-1 Roy Neely Wylie, Texas 75098 Woodlake Village 7557 Rambler Road #1023 9 B Lot 1 R-2381-OOB-0010-1 Wylie Woodlake Partners L.C. Dallas, Texas 75231-2304 Woodlake Village 7557 Rambler Road #1023 10 C Lot 1 R-2381-00C-0010-1 Wylie Woodlake Partners L.C. Dallas, Texas 75231-2304 5949 Sherry Lane #1225 11 Abst. 688-2 Tract 2 R-6688-002-0020-1 Myran Corporation Dallas, Texas 75225-8008 7557 Rambler Road #1023 12 Abst. 688-2 Tract 50 R-6688-002-0500-1 Wylie Woodlake Partners L.C. Dallas, Texas 75231-2304 114 W. Eleventh 13 Abst. 688-2 Tract 196 R-6688-002-1960-1 Tolmak Inc. Kansas City, MO 64105-1804 7557 Rambler Road #1023 14 Abst. 688-2 Tract 198 R-6688-002-1980-1 Wylie Woodlake Partners L.C. Dallas, Texas 75231-2304 2000 Hwy. 78 North 15 Abst. 688-2 Tract 199 R-6688-002-1990-1 City of Wylie Wylie, Texas 75098 2000 Hwy. 78 North 16 Abst. 688-2 Tract 200 R-6688-002-2000-1 City of Wylie Wylie, Texas 75098 7557 Rambler Road #1023 17 Abst. 688-2 Tract 202 R-6688-002-2020-1 Wylie Woodlake Partners L.C. - Dallas, Texas 75231-2304 Wylie Highway 78 JV 5949 Sherry Lane #1225 18 Abst. 688-3 Tract 35 R-6688-003-0350-1 do Bobby Beilue Dallas, Texas 75225-8008 _ 114 W. Eleventh 19 Abst. 688-3 Tract 36 R-6688-003-0360-1 Tolmak Inc. Kansas City, MO 64105-1804 114 W. Eleventh 20 Abst. 688-3 Tract 37 R-6688-003-0370-1 Tolmak Inc. Kansas City, MO 64105-1804 1103 Dodd Drive 21 Abst. 688-3 Tract 41 R-6688-003-0410-1 Amy Parker Wylie, Texas 75098 1103 Dodd Drive 22 Abst. 688-3 Tract 44 R-6688-003-0440-1 Amy Parker Wylie, Texas 75098 23 Abst. 688-3 Tract 187 R-6688-003-1870-1 Arapaho East Inc. 114 W. Eleventh 24 Abst. 688-3 Tract 203 R-6688-003-2030-1 Tolmak Inc. Kansas City, MO 64105-1804 2000 Hwy. 78 North 25 Abst. 688-3 Tract 205 R-6688-003-2050-1 City of Wylie Wylie, Texas 75098 2000 Hwy. 78 North 26 Abst. 688-3 Tract 206 R-6688-003-2060-1 City of Wylie Wylie, Texas 75098 Wylie Enterprise Inc. 6206 Royal Lane 27 Abst. 688-3 Tract 208 R-6688-003-2080-1 c/o Robert Alexander Dallas, Texas 75230 Texas Department of Transportation P.O. Box 90 28 SH 78 Bill Lovil McKinney, Texas 75069 Applicant-Attn:Wm. Boyd 1601 Bryan, 4th Floor 29 KCS Railway Co &Tolmak, Inc. Dallas, Texas 75201 NOTICE OF PUBLIC HEARING PLANNING AND ZONING COMMISSION AND CITY COUNCIL An application has been received by the City of Wylie for a: PROPOSED ZONING CHANGE Zoning Case Number: 98-16 Applicant: The Kansas City Southern Railway Company and Tolmak,Inc. Location: Generally located at the northeast corner of Spring Creek Parkway and SH 78 Property Description: (See the attached Exhibit"A" for full legal description) Present Zoning: A(Agricultural),B-1 (Business), SF-A(Single Family Attached),and SF-2&SF-3 (Single Family Residential) Requested Zoning: I (Industrial) Proposed rail-oriented industrial business park. This public hearing is held to consider the application as an amendment to the Comprehensive Zoning Ordinance of the City of Wylie,Texas and the Official Zoning Map. The request will be considered as follows: Planning and Zoning Commission: Tuesday,November 17, 1998,7:00 PM City Council: Tuesday,December 15, 1998,7:00 PM Each public hearing will be held at the following location: City Council Chambers of the Municipal Complex 2000 Highway 78 North,Wylie,Texas This notice has been sent to all owners of real property within 200 feet of the request, as such ownership appears on the last approved city tax roll. Action by the Planning and Zoning Commission serves as a recommendation to the City Council and is not a final action on the request. If the Commission recommends denial,a three-fourths majority vote by the City Council shall be required for approval. Zoning districts, amendments and conditions recommended by the Commission for approval by the City Council may be more restrictive than those described in this notice. All interested persons are encouraged to attend the public hearing and express their opinions on the zoning change request. If you are unable to attend,but wish to have your opinions made a part of the public record,please complete the enclosed form and return it prior to the public hearing. Please print your name, address of the property you own and the tax account number(if applicable) on the enclosed form and return it to the following address: City of Wylie Department of Planning 2000 Highway 78 North Wylie,TX 75098 If the property owners of 20%or more of the land within the 200 foot notification area file a written protest prior to the public hearing, state law provides that approval of the zoning change request shall require an affirmative vote of 3/4 of the members of the City Council. The application is on file for public examination in the Planning Department at 2000 Highway 78 North, Wylie,Texas. For additional information, please contact the Planning Department at 972/442-8150. Please reference the zoning case number when requesting information. This facility is wheelchair accessible and handicapped parking spaces are available. Requests for interpretation services or assistive hearing devices must be made 48 hours prior to the meeting. Contact the Office of the City Secretary at(972)442-8103, or(TDD)(972)442-8170 for assistance. CITY OF WYLIE P.O. BOX 428 RED OCT 141998 WYLIE, TEXAS 75098 APPLICATION FOR ZONING CHANGE 98 - 16 Case No. Filing Fee $425.000 Date: October , 1998 Applicants: The Kansas City Southern Railway Company Phone No.(214) 979-3000 and Tolmak, Inc. Work No. (214) 979-3000 Mailing Address: do Worsham, Forsythe & Wooldridge, L.L.P. 1601 Bryan, 30th Floor Dallas, Texas 75201 Attn: Wm. Stephen Boyd LEGAL DESCRIPTION OF PROPERTY SOUGHT TO BE REZONED: (If additional space is needed for description, the description may be put on a separate sheet and attached hereto). 1 See attached separate sheet Applicant hereby requests that the above described Property be changed from its present zoning, which, according to the City of Wylie zoning map, is variously A. Agricultural: B-1, Business-1i SF-A, Single-Family Attached; SF-2, Single-Family-2: and SF-3, Single-Family-3 District Classifications to an I. Industrial District Classification for the following reasons: (attach separate sheet if necessary) See attached separate sheet There is a deed restriction recorded at Volume 620, Page 545 of the Real Property Records of Collin County, Texas which affects a portion of the Property and involves fencing along The Kansas City Southern Railway Company right-of-way but which does not, however, pertain to the intended use of the Property. 2 Status of Applicant: Owner V Tenant Prospective Purchaser Applicants have attached hereto as Exhibit"A" a plat showing the Property which is the subject of this requested zoning change and have read the following concerning the importance of submitting to the City a sufficient legal description. Signed: The Kansas City Southern Railway Company Date #of pages � Post-� G Z By: -Sy6,61.4, Fax Note R7 73Wm. Stephoyd, its atto ney To CA- /de- Fax# 7 -z2 Tolmak, Inc. From Phone# By: lit71111. Wm. Steph n Boyd, its att ney ORDINANCE NO. 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 TO B-1, BUSINESS AND I, INDUSTRIAL DISTRICT CLASSIFICATION; 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 new zoning classification of B-1, Business and I, Industrial District Classification, said property being described in Exhibit "A" 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 38 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7. The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this day of , 1998. By John Mondy, Mayor ATTEST: Barbara Salinas, City Secretary tl The Property to be variously rezoned consists of four(4)contiguous parcels of land situated in the Francisco De La Pine Survey,Abstract No.688,Collin County,Texas,9eneralty lying aoith of The Kansas City Southern Railway Company mainline and north of State Highway 78 and generally between Spring Creek Parkway on the west and Skyview Drive on the east,to the extent that such Property lies within the boundaries of the City of Wylie, Texas, more particularly described as follows: Parcel 1 The portion of The Kansas.City Southern Railway Company mainline right of way lying south of the railroad's mainline tracks,which right of way is described in that certain deed from The Atchison,Topeka and Santa Fe Railway to The-Kenna City Southern Railway Company dated May 5, 1992 recorded in the Real Property Records of Collin County,Texas on November 23, 1993 as Document Number 93-0102440. Parcel 2 The parcel of land abutting Parcel 1,The Kansas City Southern Railway Company mainline right of way,on the north,Parcel 3(and other property)on the south, and Skyview Drive on the east, being more particularly described in the deed of said parcel from Bobbie Harris and his wife, Nellie Harris, to The Kansas City Southern Railway Company recorded in the Real Property Records of Collin County,Texas and on Attachment 1-2 hereto,containing 8.052 acres of land. Parcels 3 and 4 The parcels of land variously abutting Parcels 1, 2(and other property)on the north and State Highway 78 on the south and being more particularly described in that certain deed of said parcel from Alumet Corporation to Tolmak, Inc,recorded in Volume 3285,Page 956 of the Real Property Records of Collin County,Texas and on Attachment 1-3 and B-1 hereto,containing in the aggregate 202.392 acres of land,the northernmost portion of which constitutes Parcel 3 and the southernmost portion of which constitutes Parcel 4. ATTACHMENT I-2 • Parcel 2(Industrial District) SEZYG a tract of Laud sievated is chi Francisco Di La Pisa Survey, abet-rood No. Sib, Collin CO(4117. Tomas and bolas all of a salted 7...2.00re tract of land as Conveyed to sobbia Narrta ant die. Collie L. tiar:is, as evidenced La a :ar.anry Deed reeardad La volume 1.013 at fags S1l of ch. OffLctal #score of Real ?roporty at Catlin Corey. Tares (0.1.1,P.C.C.t.) and being more pocrtcula;I,p dessrtbed by seas and bounds is 'Alcoa (Imaging, based on :he hood to elegise; Corporation. recorded is 7oLtuas 32$5 at Page 0956 0.X.X.P.C.C.r.): MOWING at a 3/1•taclt /ton rod sec for the northveas eeenaY et said 7.12-ae-. ;race. said Lrea red also being at the incarseottoo of the southerly tins of ch. Atchison. Topeka b Santa re Railroad right-of-vsy (100-foot vide right-of-vay at this polar) with the vest right-of-vay line of County Road No. NM (Skyviev Drive) (a called 60-foot yids ►isht-of-vas); rams South 01 dagr•e 00 minutia if 190011118 &LIG, 7.11-nose Crass and the *ost right-oe.va + �� an 6zaaan liege 3f said discanas of 337.00 foot to a S t- y tin* of Add Coueary "ad lfo. 3d4, a said 7.12a Cef. t to abs / Laub iron rod sot for the southeast corsair of said . ea.;. or` the north lies of a called 12.365-acre convoyed coeo A.D. lord as evidenced is a Deed recorded La Volume 490 ac ?age 417 O.A.A.P.C.C.T.; 13tztiCE North 81 degrees 03 *lances 22 seeanda rime, oleo; the south lire of said 7.12-nose =sat and chs actin Liao of said ft.36S•aers masc. passing ac a distance of 140.00 foot the moat northerly oarthaaae teems of a erase of land as oonv.yed to 1.. soott $Coiabaoh, Trusts* as evidosaed Ina Deed r■cerd.d La velum 3034 ae rap OM Q,14.2.g.C.t., continuing doss et nerds Lima of said R. Soot; Seeiaasob. Trustee tract, a coral diaeanes at S40.80 fuse co the aorthv.et corn.= of said R. Soo; Steinbach ?runes* mast and the eorehaase corner of a trace of Laud as aoawy d co aluaet Corporation as ovidascad is a Deed recorded is V.Lnaa 321$ *C hp 0,14 0.R.3i.P.C.C.T., less said point a foucd 1-inch it pipe bears forth 07 degrees l6 sinuses past. 4.6 fast THENCE Nor $s dosses* 42 *bus 23 secoode Visa, slap the north Line of said Aluasc ties Coo;, passing a 1276.17 fast, the nest aerrhorly aorthvsse corner of odd £Lisa; corporation *:ate sad she northeast earner of a cram; of /and as eoetvsyed CO Asapoho pose, Lae. as s'tdeiesd its a Deed racerdad to Clocks Pita sl■aMss 93.0017 q Q,&.&.r.c.c.T., 8011111111.81i a1 ess lino of said Asapshs last. Sms. aroma. a total diatoms* of 21.30 lfoot to • 1/1-inch ism rod sea foe a earner ea the aforsaepei0ast sowtbosly Liao of said Atchison. Topeka b Santa Pe Railroad right-of-vay (1.2S-roe; vide at this point): to a noTthaesterly dirosetoo, along the north lima of the attotosso.e1ontscl 7.12-aoro crass and oho segehssly Liao of said Acahts's, Topeka £ San a r• Railroad rtg6e-at•vsf, *see tsllovte : forth it dogma* SZ Wawa& OS sooeads team, a dttriancs of 839.S4 toe to a (Conci hued) found fence comer post; North 03 degrees IS minutes 05 seconds Qast, along a barbed-wire fence, a distance of 25 .09 fesc co a found fence corner post, said railroad right-of-way' being 100-feec vide at this poinc; North 81 degrees 31 minutes 05 seconds Luc, continuing along said barbed-wire fence, a distance of 116.5.00 feet to the POINT OF SEGINNING and CONT ING 8.032 acres of land, more or leas. • • ATTACHMENT I-3 and B-1 Parcel 3(Industrial District) BEING situated in the Francisco De La Pina Survey,Abstract No.688,Collin County,Texas and being a portion of the property described in a deed to Alumet Corporation recorded in Volume 3285,Page 956 of the Official Records of Real Ptopuity of Collin County,Texas (ORRPCCT)and being more particularly described by metes and bounds as follows(bearings idcLcIlLd to said Deeds C^.M•.ENCLNC at ineerseceion of e~e east. tiffs of Spring Creek Parkway (100' r_3nc-of-way) with the north line of Scare Highway 78 (a variable width right-of-way) , THENCE South 88 degrees 31 minutes 13 seconds East., along said north line of Stars Ffighway 78, a distance of 82.34 feet co a point for corner; ImrmeE South 09 degrees 14 minces 10 seconds Ease. along an offset is said north line, a distance of 11.96 feet co a point for corner; THENCE South 88 degrees 29 ainucas 55 seconds East, continuing along said nor ih line, a distance of 283.64 feet co the PLACE OF AEGIBRTINC losing on the common tine be cween said Alumec Corporation crate and Tract 2 described in a deed co Wylia 'Joodlake partners L.C., recorded in County Clerk's File No. 93-0052880, ORRPCCT; THENCE North 01 degree 29 minutes 00 seconds East, along said common line, a distance of 1587,32 feet to a 5/8-inch iron rod sac in a fence line on the southerly line of Atchison, Topeka & Santa Fe Railroad (100' right-of-way); THENCE North 76 degrees 23 minutes 11 seconds East, along the southerly line of said Railroad and along said fence, a distance of 23.72 feet to a 5/8-inch Leon rod sec at the beginning of a curse co the right; THENCE in a northeasterly direction, along said curve, passing through an angle of 05 degrees 27 minutes 54 seconds, a radius of 8544,37 feet, an are distance of 814,98 feet co a found 1/2-inch iron rod found ae the end of said curse; THENCE North 61 degrees 51 minutes OS ssccn+s East, along the southerly line of said Railroad, a distance of 741.22 feat to a point for corner bsia ;he co®aon eortar of said Alunex Corporation tract and a tract described in a deed co Arapaho East Inc. recorded is Collin County Clerk's File No. 93-0017643, ORR.PCCT, from said point, a found L/Z-inch iron rod beats South 48 degrees 14 minutes East, 0.6 feet; THENCE South. 01 degree 29 minutes 00 seconds Vest, along a common line between said Alumec Corporation tract and Arapaho East Inc, tract, a distance of S0.72 feet to a found. 1/2-hack iron red for corner; THENCE North 81 degrees 51 minutes 05 seconds East, continuing along the last mentioned common line, a distant* of 2047.13 feet to a point for corner in a (Continued) wire fence; THENCE South 88 degrees 42 minutes 25 seconds East, generally along said wire fence, a distance of 1276.87 feet co a point on the common line between said Alumec Corporation and a tract described in a deed conveyed to it, SCOGL Steinbach, trustee and recorded in Volume 3054, page 437 of the ORRPCCT, from said point a found L-inch iron pipe bears North 07 degrees 16 minutes West, 4.5 feet; THENCE South 03 degrees 26 minutes 30 seconds East, along the last mentioned common Line, a distance of 1373.00 feet to a found 1/4-inch iron rod at a fence post on the northerly right-of-way line of Levan Dam Road; THENCE South 48 degrees 24 minutes 48 seconds Vest (called South 49 degrees 21 minutes 30 seconds West), along said northerly right-of-way line and along a wire fence, a distance of 58.00 (called 64.37 feat) hoc co d found 5/8•inch iron rod at a bois d'art fence post an the common line between said Alumec Corporation tract and a tract described is a dead to Royce Banks; THENCE North 88 degrees 16 minutes 08 seconds Vest (called North 86 degrees 45 minutes 49 seconds West), along the Last mentioned common line and along a wire fence, a distance of 147.25 (called 141.96 feet) feet co an angle point in said common line; THENCE North 89 degrees 09 minutes 49 seconds Rest, along the last mentioned common line and along said fence, a distance of 206.00 feet QO a 5/8-inch tron rod found for an angle point; ltletvt North 88 degrees 34 minutes 49 seconds Vest, along the common line between said Alumec Corporation tract and a tract described in a deed to Alton W. Hensley recorded in Volume 2099, Page 977 and a tract described in a deed to Jerry L. Hensley recorded in Volume 2099, Page 980 of the ORRPCCT and along said wire fence, is all a total distance of 577.80 feet co a 5/S-inch iron rod found for corner; THENCE South 01 degree 10 minutes 39 seconds West continuing along said wire fence and, along the common line between said ',lumen CarparaWad ;UGC aiid Said Jerry L. FtensLey trace, a distance of 487.21 feet to a point on the curving northerly line of State Highway 78 (a variable width right-of-way), whose center bears North 16 degrees 51 minutes 13 seconds West, a diane _eref 5729.58 feet from said point, a found 1/2-inch iron rod bears North 15 degrees 30 minutes East, 1.4 feat; THENCE in a westerly along the last mentioned curving northerly line of State Highway 7$ and along the are of said cure to the right having a central angle of 18 degrees 17 minutes 36 seconds, a radius of 5729.58 feet and an arc distance of 1829.33 feet to a 5/8-inch iron rod set at the end of said curve; THENCE North 88 degrees 33 minutes 37 seconds Vest, continuing along said (ConCinuad) norcharLy Line. a discanca of 645.25 feat co an angle poiac in said nor,.h•rly ling; THENCE North 88 degrees 29 minutes 55 seconds West,along said northerly line,a distance of 1548.21 feet to the PLACE OF BEGINNING SAVE AND EXCEPT Parcel 4,hereinafter described. Parcel 4(B-i Business District Classification) BEING situated in the Francisco De La Pins Survey,Abstract No.688,Collin County,Texas and being a portion of the-property described in a deed to Alumet Corporation recorded in Volume 3285,Page 956 of the Official Records of Real Property of Collin County,Texas(ORRPCCT) and being more particularly described by metes and bounds as follows(bearings referenced to said Deed): COMMENCING at the intersection of the east.line of Spring Creek Parkway(100'right-of-way) with the north line of State Highway 78(a variable width right-of-way); THENCE South 88 degrees 31 minutes 13 seconds East,along said north line of State Highway 78,a diewroPP of 8234 feet to a point for corner; THENCE South 09 degrees 14 minutes 10 seconds East,along an offset in said north line,a distance of 11.96 feet to a point for comer, THENCE South 88 degrees 29 minutes 55 seconds East,continuing along said north line,a distance of 283.64 feet to the PLACE OF BEGINNING being on the common line between said Alumet Corporation tract and Tract 2 described in a deed to Wylie Woodlake Partners L.C., recorded in County Clerk's File No.93-0052880,ORRPCCT; THENCE North 01 degrees 29 minutes 00 seconds East.along said common line,to a point lying 300 feet from the northerly line of State Highway 78(a variable width right-of-way) measured perpendicularly from said northerly line; THENCE in a generally easterly direction parallel to and at all times 300 feet from the curving northerly line of State Highway 78(a variable width right-of-way)measured perpendicularly from said northerly line to a point in the common line between said Alumet Corporation tract and a tract described in a deed to Jerry L.Hensley recorded in Volume 2099,Page 980 of the ORRPCCT at a wire fence for a corner; THENCE South 01 degrees 10 minutes 39 seconds West along said wire fence and along the common line between said Alumni Corporation-tract an said Jerry L.Howley tract to a point on the curving northerly line of State Highway 78(a variable width right-of-way),whose center bears North 16 degrees 51 luuiutes 13 seconds West,a distance of 5729:58 feet from said point,a found 1/2-inch iron rod bears North 15 degrees 30 minutes East, 1.4 feet; THENCE in a generally westerly direction along the last mentioned curving northerly line of State Highway 78 and along the arc of said curve to the right having a coal angle of 18 degrees 17 minutes 36 seconds,a radius of 5729.58 feet and an arc distance of 1829.33 feet to a 5/8-inch iron rod set at the end of said curve; THENCE North 88 degrees 33 minutes 37 seconds West,continuing along said northerly line,a distanc!of 645.25 feet to an angle point in said northerly line; THENCE North 88 degrees 29 minutes 55 seconds West,along said northerly line,a distance of 15411.21 feet to the PLACE OF BEGINNING. „........„:„......... -) / .._... ......_ . „. , _, ...... - _,--- 1i .„ _ / //1/4,„. , „ „. ‘..____...----) .....„ / ----/,/,/ ..,/-----/ // / / / / / / ,/,4,, ,, , 1 ,..,- ..N.,... ..,,..„ j / / I .._, _ i �'� {fern •T10 rood I I j t .1._ ..___ , i I I j i /11111 �l ' '` j \ ..._...� I j ; / • • N. i ; `�•'` Ns • iti:-/ AIMCpurtMI I mu i '� • i - . It% CC Api i .---! �oeio Drive III I E t I ! r, 111111 .MI ..L.1:179 ZONINGEXHIBIT - �� ZONING CASEEX #98- 16 `'�\ 1 � ► WYLIE CITY COUNCIL INDIVIDUAL CONSIDERATIONryt. . December 21, 1998 Item No. 2 Consider and Act Upon the Approval of a Formal Agreement between Collin County,the City of Wylie and the Kansas City Southern Railway Company. There is no back up material for this item. Item for Individual Consideration Agreement-Collin County/City of Wylie/KCS Paae 1 WYLIE CITY COUNCIL rtell INDIVIDUAL CONSIDERATION December 21, 1998 Item No. 3 Consider and Act Upon the Approval of a Formal Agreement between Collin County and the City of Wylie regarding State Highway 78 Right of Way. Item for Individual Consideration Agreement-Collin County&t City of Wylie Paae 1 NVYLIE CITY COUNCIL INDIVIDUAL CONSIDERATION December 21, 1998 Item No. 4 Issue Authorizing the City Manager to enter into a two-year Contract with Foerster Engineering for an amount not to exceed$96,000. Background This item was presented to Council at the December 15 meeting. A motion was made to table the item until the Special Called Meeting of Monday, December 21, 1998. If the agreement between the City of Wylie, Collin County, and the Kansas City Southern Railway Company is approved by the Wylie City Council on December 15, the community will have the opportunity to begin planning the expenditures of approximately$10.5 million in capital funds. These funds are a combination of federal, state,and county fiords which total$9.4 million. The receipt of these fiends will require a local match of$1.1 million. The possibility of a County Bond Election in February 1999 would mean an additional$2.75 million in County fiords,which would be matched by a local match of$1.45 million. These funds will finance capital projects along S.H. 78,F.M. 544 and the Cottonbelt Rail Corridor which will impact every major thoroughfare in the City. Because of the multiple jurisdictions providing funding, a strong and consistent level of coordination will be required. This effective coordination will result in an engineering and design process that appropriately and cost effectively integrates the capital projects with one another and the development of a construction sequencing among contractors that minimizes adverse impacts on the public and affected property owners. The firm of Stanton Foerster Engineering, Inc. is recommended to provide the professional services of capital project coordination. The principle of the firm, Stanton Foerster, is a registered professional engineer with over eight years experience with the Texas Department of Transportation(TxDOT)and three years of private consultant experience. While employed with TxDOT,Mr. Foerster worked in the North Central Expressway Project Office in which he developed and implemented the Traffic Control Plans for the expressway reconstruction project. Mr. Foerster will bring to the Wylie projects a level of experience and knowledge to cost effectively and successfully coordinate the planning and construction of the capital projects expected to be completed during the next five to seven years. Individual Consideration Contract-Foerster Engineering Paae 1 Financial Considerations The terms of a contract are for a fixed amount for each of the first two years,with a two year extension option. Changes or modifications may be made at any time during this agreement if mutually agreed upon by the client and consultant. The contract amount will be paid equally between the General and Utility Funds. Services provided to the Client by the Consultant will be billed on a flat monthly fee of $4,000. Attachments Letter from Foerster Engineering, LLC Prepared by Reviewed by Finance City Manager Approval Individual Consideration Contract-Foerster Engineering Paae 2 To.Mike Collins Page 2 of 3 Friday,November 20,1998 3:13:04 PM FOERSTER ENGINEERING, LLC PC)Box 2492,ROWLETT, TEXAS 75030-2492 FOERSTER_ENGRING(C7�,HOTMAIL.COM (214) 704-4374 November 20, 1998 Mr. Mike Collins City Manager City of Wylie 2000 Highway 78 North Wylie, Texas 75098 RE: Engagement of Foerster Engineering, LLC to Provide Engineering Services and Project Assistance to the City of Wylie Dear Mr. Collins: This letter sets forth the terms and will constitute our agreement(the "Agreement"). This Agreement will outline the nature and limitations of the engineering services and project assistance Foerster Engineering, LLC (the "Consultant") will provide to the City of Wylie (the "Client" or"City") in connection with transportation issues, and other related matters, impacting the Client. The objective of this Agreement is for the Consultant to provide two items: (i) provide timely transportation related information to the Client on general matters determined by the Client or Consultant and(ii) assist the Client's management of design and construction projects, as identified by the Client. Consultant responsibilities will include: (i) coordination and communication with City staff, City's consulting engineer, City Attorney, consultants, and contractors and (ii) maintain communication with other governmental agencies regarding funding, scheduling, etc. The Client is authorizing the Consultant to pursue the needs of the Client and communicate with other public and private entities on the Client's behalf. Sub-consultants may be employed by the Consultant to assist in this Agreement. Services provided to the Client by the Consultant will be billed on a flat monthly fee of $4,000.00. The Consultant will determine the appropriate expenses depending on the type of services requested, or needed, by the Client. Time and expense fees will be billed as they occur. The Consultant's billing statements will reflect the nature of the services provided and any necessary expense incurred, or advanced, on behalf of the Client. Expenses include, but are not limited to: telephone charges (cellular, long-distance, etc.); travel; photocopies; faxes; To:Mike Collins Page 3 of 3 Friday,November 20,1998 3:14:05 PM Engineering Services and Project Assistance Agreement City of Wylie November 20, 1995 Page 2 schematics; CADD; traffic counts; postage and deliver services; secretarial overtime and word processing; and sub-consultants and contractors. The term of this Agreement is two years with two-year extensions. Changes or modifications may be made at any time during this agreement if mutually agreed upon by the Client and Consultant. Confidential information obtained by, and/or supplied to, the Consultant regarding the Client will not be disclosed to any one other than the Client. This Agreement shall be governed by and shall be construed and enforced in accordance with the laws of the State of Texas. Sincerely, Stanton Foerster, PE ACCEPTED AND AGREED TO, effective as of the day of _ __ , 199 : CITY OF WYLIE and FOERSTER ENGINEERING, LLC By Mike Collins, By Stanton Foerster, PE City Manager