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07-22-2014 (City Council) Agenda Packet Wylie City Council CITYF WYLIE NOTICE OF MEETING Regular Meeting Agenda July 22, 2014 - 6:00 pm Wylie Municipal Complex Council Chambers/Council Conference Room 300 Country Club Road, Building #100 Eric Hogue Mayor Keith Stephens Mayor pro tem Nathan Scott Place 2 Todd Wintters Place 3 Bennie Jones Place 4 William Whitney HI Place 5 David Dahl Place 6 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.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: WVw.wylietcxasgov. 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 972.516.6020. Hearing impaired devices are available from the City Secretary prior to each meeting. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE PRESENTATIONS 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. July 22,2014 Wylie City Council Regular Meeting Agenda Page 2 of 3 A. Consider, and act upon, approval of the Minutes of the July 8, 2014 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for June 30, 2014. (L. Bantz, Finance Director) C. Consider, and place on file, the City of Wylie Monthly Investment Report for June 30, 2014. (L. Bantz, Finance Director) D. Consider, and act upon, approval of a Final Plat for Dominion of Pleasant Valley, Phase 1. The Plat will create 201 single family residential lots and multiple open space areas on 59.988 acres and dedicate the necessary rights-of way and parkland dedication. Subject property generally located south of Sachse Road and southeast of Creek Crossing Lane. (R. 011ie, Planning & Zoning Director) E. Consider, and act upon, Resolution No. 2014-17(R) authorizing the City Manager of the City of Wylie, Texas, to execute an Interlocal Agreement by and between the Town of St. Paul and the City of Wylie for Fire Protection Services. (R. Corbin, Fire Chief) F. Accept and place on file the WEDC purchase of 1.245 acres located 400 South Highway 78. (S. Satterwhite, WEDC Executive Director) G. Consider, and act upon, approval of a Preliminary Plat for Hunter's Cove, Phase 1. The Plat will create 58 single family residential lots and six open space areas on 31.414 acres and dedicate the necessary rights-of way and parkland dedication. Subject property generally located southwest of E. Brown Street and Country Place Lane. (R. 011ie, Planning & Zoning Director) H. Consider, and act upon, granting an extension of time for the FY 2014/2015 proposed budget filing with the City Secretary from August 5, 2014 to August 8, 2014 per the Home Rule Charter; Article V, Section 2. (M. Manson, City Manager) REGULAR AGENDA 1. Consider, and act upon, the appointment of to serve on the Planning and Zoning Commission for a two year term, and accept the resignation of Jeremy White. (C. Ehrlich, City Secretary) Executive Summary Staff is requesting the appointment of a new Planning and Zoning Commission member to replace Jeremy White,who is resigning due to relocation. 2. Consider, and act upon, the appointment of to serve on the Construction Code Board, as an Alternate, for a two year term, and accept the resignation of Ned Peterson. (C. Ehrlich, City Secretary) Executive Summary Staff is requesting the appointment of a new Alternate Construction Code Board member to replace Ned Peterson who resigned. July 22,2014 Wylie City Council Regular Meeting Agenda Page 3 of 3 ADJOURNMENT In addition to any specifically identified Executive Sessions, Council may convene into Executive Session at any point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be open. Should Council elect to convene into Executive Session, those exceptions will be specifically identified and announced. Any subsequent action, as a result of this Executive Session, will be taken and recorded in open session. CERTIFICATION I certify that this Notice of Meeting was posted on this 18`h day of July, 2014 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. Carole Ehrlich,City Secretary Date Notice Removed Wylie City Council ',ITV Cl WYLIE Minutes Wylie City Council Meeting Tuesday, July 8, 2014 — 6:00 p.m. Wylie Municipal Complex— Council Chambers 300 Country Club Road, Bldg. 100 Wylie, TX 75098 CALL TO ORDER Announce the presence of a Quorum. Mayor Eric Hogue called the meeting to order at 6:00 p.m. City Secretary Carole Ehrlich took roll call with the following City Council members present: Mayor pro tem Keith Stephens, Councilman Nathan Scott, Councilman Todd Wintters, Councilman Bennie Jones, and Councilman David Dahl. Councilman William Whitney III was absent. Staff present were: City Manager, Mindy Manson; Police Chief, John Duscio; Planning Director, Renae' 011ie; City Secretary, Carole Ehrlich; PIO, Craig Kelly, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE PRESENTATIONS • Wylie Acting Group for Children (Tiffany Harrod) Tiffany Harrod addressed council asking for funding for the Wylie Acting Group for Children. She noted that many items for their facility including costumes, makeup, and lighting were needed. She asked for a donation of$10,000 from the City to fund some of the needed items. 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. Bobby Heath Jr., representing the Wylie Downtown Merchants Association, addressed Council thanking Council for their financial support and staff member Craig Kelly for his assistance with the event. He also thanked the Public Arts Advisory Board and liaison Ehrlich and staff for facilitating the vendors in the park. Minutes July 8, 2014 Wylie City Council Page 1 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 of the June 24, 2014 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of May 31, 2014. (S. Satterwhite, WEDC Director) C. Consider, and act upon, approval of a Final Plat creating 77 single family residential lots and 2 open space lots on 25.608 acres for the Braddock Place Phase 4 Subdivision, generally located west of FM 544 and south of Elm Drive. (R. 011ie, Planning& Zoning Director) Council Action A motion was made by Councilman Scott, seconded by Councilman Wintters to approve the Consent Agenda as presented. A vote was taken and the motion passed 6-0 with Councilman Whitney absent. REGULAR AGENDA PUBLIC HEARING 1. Hold a Public Hearing, and consider, and act upon, a change in zoning from Agricultural-30 (AG/30) to Planned Development-Mixed Use (PD-MU), to allow for residential uses of varied densities, and medical facilities on approximately 62 acres, generally located west of E. Stone Road and approximately 1,600 feet south of Brown Street. ZC 2014-02 (R. 011ie, Planning& Zoning Director) Staff Comments Mayor Hogue announced that the City had received a letter of withdrawal from the applicant. The public hearing had been published; therefore, would be conducted. Public Hearing Mayor Hogue opened the public hearing at 6:18 p.m. asking anyone present wishing to address council on Item #1 (ZC 2014-02) to come forward. No one was present wishing to address council. Mayor Hogue closed the public hearing at 6:19 p.m. Minutes July 8, 2014 Wylie City Council Page 2 Council Action A motion was made by Councilman Dahl, seconded by Councilman Jones to accept the withdrawal of Zoning Case 2014-02 by the applicant. A vote was taken and the motion passed 6-0 with Councilman Whitney absent. 2. Consider, and act upon, the approval of a contract between Sid Henderson and the City of Wylie, not to exceed $41,320, to commission the final art design for the Public Safety Building art project. (C. Ehrlich, PAAB Liaison) Staff Comments Public Art Advisory Board liaison Ehrlich addressed council stating that the board met last year to begin discussion for an art project for the newly remodeled Public Safety Building. A committee consisting of Fire Chief Corbin, Police Chief Duscio, and board members Lisa Green, Gaynell Reed and Anne Hiney met to discuss the theme for the art and where the art might be located. The board wished to honor those that serve our community and proposals were sent to several artists, asking for submissions honoring public safety officers. Ehrlich explained, Artist Sid Henderson was chosen for the project and is proposing two life size sculptures; one of a police office and one of a fire fighter. The statues will be 6 feet tall and will be specific to the Wylie Public Safety in detail. Sid Henderson was previously commissioned for work in Navasoto, Texas where he created a bronze honoring a long time musician, Mance Lipscomb. Recommendations from his work are included in the packet and he comes highly recommended. Dr. Birnbaum, facilitator for the project, stated that Sid is meticulous to each detail and comes highly recommended. Ehrlich displayed a 2 foot maquette, not complete in detail, giving the general stance and design of the officers. She explained that once the piece had been commissioned, and all detail was approved, it will go to the foundry for bronze fabrication. The completion date is scheduled for late February 2015. Funds received from past events such as the Wylie Arts Festival and JazzArts Fest have been used for this project. Council Action A motion was made by Councilman Scott, seconded by Councilman Jones approving a contract between Sid Henderson and the City of Wylie, not to exceed $41,320 to commission the final art design for the Public Safety Building Public Art Project. A vote was taken and the motion passed 6-0 with Councilman Whitney absent. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. There were no ordinance captions to read into the official record. Minutes July 8, 2014 Wylie City Council Page 3 WORK SESSION • Discuss and provide direction regarding a proposed city-initiated rezoning of land generally located in the 1300 block of Country Club, based on the request submitted during Citizen Participation on June 24, 2014. (M. Manson, City Manager) Mayor Hogue announced the work session had been called at his request based on citizen comments at the last council meeting regarding a change in zoning. He asked Planning Director 011ie to come forward and report her findings regarding the properties located in the area in question. Planning Director 011ie addressed council stating that the subject properties are the few remaining tracts that promotes the agricultural character of Wylie, and should remain as such. These are large lots, where livestock is maintained indoors and outdoors, as well as the cultivation of land for bona fide agricultural purposes. At the direction of council, staff will move forward with a City initiated rezoning of properties from SF-10/24 to AG/30. Staff will reach out to those property owners affected and get their input prior to submitting an official request. ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Councilman Wintters, seconded by Councilman Scott to adjourn the meeting at 6:40 p.m. A vote was taken and the motion passed 6-0 with Councilman Whitney absent. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes July 8, 2014 Wylie City Council Page 4 4 OF Nit, 4,8 tirtsifire Wylie City Council AGENDA REPORT Meeting Date: July 22, 2014 Item Number: B. Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: July 14, 2014 Budgeted Amount: Revenue and Expenditure Exhibits: Monthly Report Subject Consider and place on file, the City of Wylie Monthly Revenue and Expenditure Report for June 30, 2014.. Recommendation Motion to approve, the City of Wylie Monthly Revenue and Expenditure Report for June 30, 2014.. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. (Rev 01/2014) Page 1 of I ��-�^ �� U�� CITY' ��n vv v ^-n�- MowTnLYp|mAwomLmspmnT Jvnwm0,201* xmmuAL CURRENT YToAoTuAL o"""^m",^ BUDGET MONTH ACTUAL YTo4oTuAL AmAPERCENT 75.00Y6 ACCOUNT DESCRIPTION 2013-2014 2013-2014 2013-2014 OF BUDGET GENERAL FUND REVENUE SUMMARY TAXES 18.824.538 331.946 17.111.285 80.80% A FRANCHISE FEES 2.383.500 1.034.099 2.108.331 88.13% LICENSES AND PERMITS 506.000 40.348 514.787 80.85% INTERGOVERNMENTAL REV. 772.580 83.459 650.856 84.20% SERVICE FEES 2.880.180 293.817 2.085.232 68.83% B FINES AND FORFEITURES 297.000 27.387 188.158 63.35% INTEREST INCOME 15.000 230 2.225 14.84% C MISCELLANEOUS INCOME 345.500 10.178 148.807 43.10% OTHER FINANCING SOURCES 1.789.098 O 1.888.842 105.58% D REVENUES 27.e8e.406 1.828.065 24.69e.72* 88.25Y6 USE OF FUND BALANCE 1.407.800 NA NA NA E USE OF ROLLOVER FUNDS FOR PSe 55.100 NA NA NA TOTAL REvEmusa 2e.512.306 NA NA, NA GENERAL FUND EXPENDITURE SUMMARY CITY COUNCIL 90.811 7.481 59.047 05.02"& CITY MANAGER 814.173 00.231 539.495 0020"& CITY SECRETARY 207.010 23.073 189.387 78.93"& CITY ATTORNEY 148.000 32.971 93.232 02.88"& FINANCE 870.749 47.188 704.272 72.18"& FACILITIES 598.340 33.354 387.929 0473"& MUNICIPAL COURT 290.420 20.020 200.506 08.80"& HUMAN RESOURCES 210.873 18.438 158.124 72.91.& PURCHASING 83.772 0.102 05.269 09.60.& INFORMATION TECHNOLOGY 1.105.186 34.575 702.126 03.53.& POLICE 6.710.822 422.323 5.817.230 74.76.& FIRE 6.087.550 *10.807 4.390.987 72.13.& EMERGENCY COMMUNICATIONS 1.218.943 84.768 838.486 08.79.& ANIMAL CONTROL 380.101 22.465 205.029 09.73.& PLANNING 505.831 33.745 301.828 71.53.& BUILDING INSPECTION 488.884 31.880 339.024 0935.& CODE ENFORCEMENT 230.284 13.858 142.237 01.77.& STREETS 1.885.932 82.207 803.747 45.51.& PARKS 1.898.314 148.081 1.108.073 01.53.& LIBRARY 1.550.789 151.451 1.101.245 74.88.& COMBINED SERVICES 4.148.392 501.580 2.745.795 0017& TOTAL EXPENDITURES 2e.809.136 2.303.183 20,433.128 68.55% REVENUES ovEpx(umoEn)EXPENDITURES -29e.830 -475.118 4.266.5e6 1e.70Y6 A. Property Tax Collections for FY13'14anof June 30 are 9n.00"&.in comparison tuFY12'13 for the same time period 98.33Y6. B.Service Fees:Trash fees billed in October are applicable towards FY 2012-13 revenue with the remaining fees coming from other seasonal fees. C. Interest Income: In relation to the last 12 months the current interest is in line with projections. D.Other Financing Sources includes the annual transfer from the Utility Fund and sale of Capital Assests at auction. CITY OF WYLIE MONTHLY FINANCIAL REPORT June 30,2014 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 75.00% ACCOUNT DESCRIPTION 2013-2014 2013-2014 2013-2014 OF BUDGET UTILITY FUND REVENUES SUMMARY SERVICE FEES 13,783,000 1,131,268 8,011,074 58.12% F INTEREST INCOME 7,000 108 1,127 16.10% MISCELLANEOUS INCOME 42,000 4,519 35,868 85.40% OTHER FINANCING SOURCES 5,219 0 18,127 347.33% G REVENUES 13,837,219 1,135,896 8,066,197 58.29% USE OF FUND BALANCE 425,500 NA NA NA H TOTAL REVENUES 14,262,719 NA NA NA UTILITY FUND EXPENDITURE SUMMARY UTILITY ADMINISTRATION 296,241 17,028 206,678 69.77% UTILITIES-WATER 2,281,065 113,950 1,331,707 58.38% CITY ENGINEER 539,511 28,190 295,723 54.81% UTILITIES-SEWER 802,086 31,453 566,646 70.65% UTILITY BILLING 350,944 20,950 204,400 58.24% COMBINED SERVICES 10,447,336 566,378 8,153,851 78.05% TOTAL EXPENDITURES 14,717,183 777,949 10,759,005 73.11% REVENUES OVER/(UNDER)EXPENDITURES -454,464 357,947 -2,692,808 -14.81% F.Most Utility Fund Revenue billed in October is applicable to FY 2012-13. G. Includes sales of Capital Assets at auction. H.Use of Fund Balance:For Replacement/New Fleet&Equipment. I. Due to annual transfer to the General Fund&debt service payment recorded in February. This will level out throughout the fiscal year. Wylie City Council AGENDA REPORT Meeting Date: July 22, 2014 Item Number: C. Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: July 14, 2014 Budgeted Amount: Exhibits: Monthly Investment Report Subject Consider, and place on file, the City of Wylie Monthly Investment Report for June 30, 2014.. Recommendation Motion to accept and place on file, the City of Wylie Monthly Investment Report for June 30, 2014. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. (Rev 01/2014) Page 1 of 1 1 2013-2014 Investment Report June 30, 2014 Money Market Accounts: MMA Certificates of Deposit: CCD Treasury Bills: T-Bills Treasury Notes: T-Notes Government Agency Notes: AN Invest. Principal Type Of Interest Purchase Maturity Number Amount Security Rate Issuer Date Date 1 $14,526,818.61 MMA 0.0284% Texpool 12/31/2006 NA 2 $15,044,033.65 MMA 0.0322% TexStar 3/15/2011 NA $29,570,852.26 Total Weighted Average Coupon: 0.03% Money Markets: $29,570,852.26 Weighted Average Maturity(Days): 1.00 Certificates of Deposits: $0.00 $29,570,852.26 Wylie City Council AGENDA REPORT Meeting Date: July 22, 2014 Item Number: D Department: Planning (City Secretary's Use Only) Prepared By: Charles H. Lee, AICP Account Code: Date Prepared: July 2, 2014 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, approval of a Final Plat for Dominion of Pleasant Valley,Phase 1. The Plat will create 201 single family residential lots and multiple open space areas on 59.988 acres and dedicate the necessary rights-of way and parkland dedication. Subject property generally located south of Sachse Road and southeast of Creek Crossing Lane. Recommendation Motion to approve a Final Plat for Dominion of Pleasant Valley, Phase 1. The Plat will create 201 single family residential lots and multiple open space areas on 59.988 acres and dedicate the necessary rights-of way and parkland dedication. Subject property generally located south of Sachse Road and southeast of Creek Crossing Lane. Discussion OWNER: WYLIE DPV LP APPLICANT: JBI PARTNERS,INC. The property totals 59.988 acres and will create two hundred one (201) single-family residential lots and multiple open space lots. The plat shall also dedicate the necessary rights-of-way and utility easements. In accordance with the adopted Planned Development ordinance, the Landscape Plan is submitted for consideration to comprehensively address edge treatments throughout the community. The subdivision was the subject of an amended zoning case adopted in September 2013 on approximately 287-plus acres to allow for varying densities of single family residential houses and public open spaces. The Final Plat complies with all applicable technical requirements of the City of Wylie as well as the adopted Planned Development provisions including landscaping features, screening elements and amenities. P&Z Commission Discussion Due to a lack of quorum at its July 1, 2014 meeting, the Planning &Zoning Commission was unable to act upon the Final Plat. In accordance with Texas Local Government Code Chapter 212, Section 212.009 a plat is considered approved if no action has taken place within 30 days after the plat was filed. Therefore, the Final Plat is recommended for approval by City Council under Chapter 212 TLGC subject to any additions and/or alterations as required by the Engineering Department. s16u30e12rBrum Drive . „ PARTNE Addison Texas 75001 T,972,248.7676 F.972,248,1414 June 20, 2014 Charles Lee City of Wylie—Planning Department 300 Country Club Road Wylie,TX 75098 I .P. Comment responses to Initial Staff Comments Final Plat for Dominion of Pleasant Valley „IBI Project No.HDC009 Dear Mr. Lee, Pursuant to the City of Wylie's staff review comments pertaining to the referenced project, we offer the following explanations and responses. 1. Continue street name Creek Crossing Lane across Sachse Road. Response: In order to establish a neighborhood identity and provide for marketing needs, it is requested that the spine road and major roadway within the Dominion of Pleasant Valley be named Dominion Drive between Sachse Road and Pleasant Valley.As such, it is respectfully requested that a variance be allowed for the street name on this project. Except for the revisions required by the above comments,no additional changes were made to the Final Plat for Dominion at Pleasant Valley. if you have any questions regarding these responses,please do not hesitate to give me aeall. Sincerely, / Ly. Esik $.1-„lansen,PE Project Manager ERL1/1-11)C009 ipartners,corn , FLOOD STATEMENT; LEGEND L_ 1 According to Community Panel No.Management 48113CO235J, dated August 23, - 1POC POINT OF // /`1 hazard area.ro9Th spropertyMap, thise tlopeangareasho identified as specialone flood POB POINT OF BEGINNING 1 al;; ... , � ,k/J /- \'`-, 2001 of the Federal Emergency Mana ement Agency, National Flood P w aIRF IRON ROD FOUND z a IRS IRON ROD SET � P/ x 6„ , CC o_ this site is not within an identified special flood hazard area, this flood 1 T j ROW RIGHT-OF-WAY \ � s' v, o = a N statement does not imply that the property and/or the structures ` d �' -1 z ,_ z _ BL BUILDING LINE T WOODBRIDGE XVII, LTD. 0 g EL 5 WOODBRIDGE XVII, LTD. thereon will be free from flooding or flood damage. On rare occasions, HOA HOMEOWNERS ASSOCIATION 4 .'�. f TRACT 2 - CALLED 20.7879 ACRES o Eyc7 TRACT 2 - CALLED 20.7879 ACRES greater floods can and will occur and flood heights may be increased � ,3 V --- O.P R.C.C.T. OFFICIAL PUBLIC RECORDS COLLIN COUNTY TEXAS r/ DOC. NO. 20121221001630240 cc J g a DOC. NO. 20121221001630240 by man-made or natural causes. This statement shall not create O.P.R.D.C.T. OFFICIAL PUBLIC RECORDS DALLAS COUNTY TEXAS 1`' g-'/' '" // 0.r'.R-C.GT, 2mci OP.R.C.C.T. liability on the port of the Surveyor. _ ,� AA, 5 _ / COMMON AREA TO BE DEDICATED TO THE CITY OF "� f r r / 10 <o CO Q �!� WYLIE AND MAINTAINED BY HOA (PER ORD 2013-37) A �'` E� S P.O.B. 80 < -- SACHSE ROAD D_ -- " " EASEMENT 30' EASEMENT i0 LONE STAR GAS COMPANY p44'Q3 O5"E_ 1QB2 OJ TO 1\2 IRF J ' L T�.� 'RP i0 LONE STAR GAS COMPANY VOL 5569, PG 369 O.P.R.D.C.i. CONCRETEM vaL. ss6e, Pc. ass o.P.R.D.a T. , „ voL. saa. Pc 3aD ogre.c.c.r. IN SOUTHWEST ROW L.ME OF 17 � P.O.C. ONUMEN N44'23'OS"Eaa, PG 376 DPSGGT N44'23 05 E 1832.12' PLEASANT VALLEY ROAD C FOUND '/�' (VARIABLE WIDTH R.O.W.) ro 5 vnRlaaLE R.o.w. oeolcanoN 'may '""^„ KE CONCRETE N41'35'16"W 15.69' 154.76' IRs MONUMENT r n r �q - , 1 VARIABLE R.O.W. ATcQCAT(:N T. N (BY THIS PLAT) _ rOUND j N44'2531 E 364,61 b-s\ (BY THIS oLAT) „ - - - _ _. - - ,.._ r ..r -._..,.. -.�_._ �. �...-_. / J.r•- RAY -_ __. --- _-.�. _ _._ _ _ - _ _ - _ - _ _ _ _ _. - -.~?._ __ - - _- /- .- _- „ N '15 3 , o a/ -Y UBBARD M r\� ^ ,44° 6" 'T ' 0 :'.P CE /"F_ n • 30 EASEMENT / r0 ..... _ J CONcaErE _ _.. _ 4 S OW �4..: 17/7. •4 5 2 V 4 452' ' 4 1,b3V/J3. /%/9J7 �/ i o � /4 LOCK �' 6 TO LONE STAR GAS COMPANY / \ /^ / GE MONUMENT .. ' $ $ / / % /', /; / NR OCI• A10j� as' ROw vi ^ VOL. .,569. PG. 364 aP4.D.C.T. / �, . / (1$ 0 ° ! VOL. 584, PG- 350 0 P R CGt / O T FOUND 2.5 2.5; ' ' OCO 30 EASEMENT \ /' so.co so.00' so.00' Sa.00' So.00' So.00' so.00' 60.00' 11 -- TT �60.00' so oo' So.00 so.co' so.00' d, ✓-.---'6 / � A TO LONE STAR GAS COMPANY • Q o F-: VOL. 5560, PG. 366 o a R.o c.T / p - w w w w OA w p.I }a o w w © w w N VOL. 04 564, PG 376 °P RC.C.T. N , o 0 4 LOCATION MAP N ` o o S o o 7 0 0 6 0 0 S o o 4. o �' 3 0 0 9 0 0 1 m o 0 0 0 o N NOT 10 SCALE d o 0 0 0 o a o qq 00 pp o 0 0 0 0 a o ?y w ri 31 0 m o m o m m m o m o : d a m b °i oo °' o °t d O1. o 0 c2 o G' S `N° 'n /:'' go 3 1 0 °' °t a a 0 `r 0 �n 1n °n `� 1n% cv w m Inn m to / ,8 .9 2 P� F a a a a aw a � =' a a z � T z z z 20eL H, z cn I LiL z 7 2oa -- GRAPHIC SCALE CCZO /' 50_00 50.00' 50.00 50.00_ 50.00 50.0W 50.00' 60.00J 60.Od 5000' S0.�0-,50 _00� / L1 C R ° 5 N44'11'00"E66 O re) s' �e`evw �,wv / w"� y` �/ Too 0 so Sao zoo 51 (41 �, a2s a23 51 lsue DAYLILY DRIVE �sCE 4'1 '0° -- -- L2 120.50' o WYLIE DPV LIMITED PARTNERSHIP / % „o N44`n oo"E ._ _ - - -- --- CALLED 80.178 ACRES a.Do, a" / / ' - -- - - - - oPEN SPACE LOT 40, -z9ioo' OPEN sPncE Lor a7, oSFN SPACE LOT CO,ze N4291�,oQ' 2 s'ue- z5' s'uE Z / /' /' /' 29Q50 0 K G (SE NOTE 2 LOCK F (SEE NOTE 2 BLOCK F (SEE NOTE 2) . _�_ _ DOC. N0. 201310�9 001 4 7 306 0 ,A r2 1T 12o_6i 25.04'� /p - - -� 7 � �„� o / .. L1 ;- 4 2, _ .2 303.29'�LOC E 25.00E .29.00' / 241.00' 29.00�, in i2osa' ��_ Se�LQ �I'o 0 7f T58L o v ( IN FEET OP.R.C.C.T. .es .Rs 1 - .- 5441 roo"w sa4'n'oo"w Samlroo•w sa4'1ro0"w "'o oI Io 0 ts'aL saarr9o'w o 1 ti t 0 'r4 1 Inch = 100 ft. DOC. NO. 20130033+382 L12 L14 , I`41 - P, 1494o' ,� 1ss.z2 � ' 0 12o-so' o0 laoso' o, 120-50 00 01 l0 0 A° O.P.R.D.C-T. L11 / `5 14 O i° 15 1 Im m' d, 1 o� 36 00 1 0 0 o N44'11 00 L 54411 00"W • iv ° T / /" /' 10 J� m `° � a 41 0 �,° to oN .nl 27 00 120.50 _,of i l0 120.50' o, WYLIE DPV LIMITED PARTNERSHIP ro Row g/ I Nss•a °' s3'ssa7., 1 1� " N44°n'oo"e Ln w S44°n'50' s4120.50"w ( n S44°11'oa w o 2 o P `? 2 CALLED 80.1 78 ACRES -' o S0 s 12p S7 E 0 120.50' S S52°52' cc 155.22' o o 120.5O' 0 12_D.50' -0 120.50' -0 o va'i a20131029001473060 " f 4. T sO,,o h�o CD IN� ts7.5s' o ° 2„ o � 544°t t$oo'w 00 S44°r�00"w C 5412050" F no 54 °11 o0'w - 544°1 t'oo'w O DOC. N0. GENERAL NOTES: aO' sD' 00 ( 4o .00' U' 5'4y o 0 0 o to mw 4 &18'18 01 13 16 " " a. 120.50' 01 O a 120.50' a cp O P.R C.C.T. -�'� '" "' 0 'v 1 IW 4o W N4411 oe [ o q o 3 0 0 0 3 0 DOC. NO. 201300334382 1. SELLING OFF A PORTION OF THIS ADDITION BY R=950.00' 9, g4� N6o�5, o 57 0 0 0 �0 12000'� 00 0350' o� o l0 12050 o0 01 Q o cc M O.P.R,D.C.T. METES AND BOUNDS DESCRIPTION, WITHOUT A Jg e A0 1 Oq1„w m 1 503E 1 36, n o - o 0 E o 5 0 25 o n 544°11'00"W `1 341421014150007 L=303.43' d - T o - o 6 0 120.50' 0 a REPEAT BEING APPROVED BY THE CITY OF WYLIE, IS o xsF /�^, ° h /� 1 17;.sr w o w I'° s44°n'oo'w ww s44°n'oo'w 6n s44°11'oo"w �0 01 0 T=153.02' o ,.g / 12 n ! "L a /m1 N4a°11'oo'E - I 4 - o W A VIOLATION OFORDINANCE ANDSTATE s ro Ns h 39 t55.2,^ 12o.s0' o0 12o.so' of w 4 i2(i 50' 00 SI o N s AND IS SUBJECT CITYTO FINES AND WITHHOLDING OF C6=N36'26'55"W AMENITY CENTER \ ;' �o ��3s, a a 6: se \ g 0I Q y 4 al p A s44°n'oo"w o 44°11'oow o LOT 10, BLOCK A o / 20 s n �. 7050, "' / � / Sg co o 4 0 0 to w w °i 0 0- 12o.so' '8 tt1 m o 12oS0' c O ° UTILITIES AND BUILDING PERMITS. CH=302.14' oo, .,w w O ° s44°n'oo'w 44 n'oo"w G a I s4411'00"W R 0 o Z " 0 D - `Oe,;C / U, (SEE NOTE 4) .34 h 18 /�� )g2328"w N4,55.22'E 15. a o lzoso' 00 120.s0 a 120.so' Qo s of Q ,n o s L, U,S�V" 2, BLOCK E, LOT 28; BLOCK F, LOT 37; & BLOCK O / N 2 J • 6/, o N44°11'00"E .2 Q cc 1 S 4°n'o0"W 0 6 344°11'oo"W `O m o0 o s442101'o00,'w 'oI S44°17 00"W Q 73,917 S.P. f 2 30 O. 4, c0 22. a "> 38 0 o w (o 00 0 io u� J 6pv U" Z 1.697 AC <ti G 4/ /`O > `36' 'Y J 2g, o S Q" a o 32 00 5 o m 23 120.500' c e?�c, N `2 N2T17'S4"W F /V4- \ PO o'o'< ,69166Y °s ,°F / F T°s' 3 �`r 4 s4a•11'QO"W 0 0 g a to O a G, LOTS 29 & 42 ARE COMMON AREAS THAT SHALL 4 0 , T or a 6 Q' s r ,, BE DEDICATED TO AND MAINTAINED BY THE HOME vz N e 4 / / 0 o- - 3 Yy / ' w N591Q°12 0 6 o 0 3 1 zc6so o Q 18 22 81 S44°1:00 W '0� W 1 C 34a°11'oo'w F°o+b es`O / OWNER'S ASSOCIATION. THESE LOTS ARE NOT � 4' /j cc-° , tiB 10 tic 79 4T o_� 15522.' 0 1_0.50' 0o 120.50' -a on 96.93' /A A. e• s7 0 N6242'06 E IRS s 9s' ,2/e Ao '3s 4- 7Q °i , �o / s /' sa4v oo w s44n oo w 0 „ ql Z o imso' € �4314107" "°°N`v°° // INCLUDED IN THE OPEN SPACE TABULATION. `ti q 00f 'Y m 4 S 0 w ss IN N44°1i'00°E 0 Y .544°11'00"W v'0 7 0 6 7 O' / rI o �0 155.20' rob 6°206.,E 8.43' ILO io, s, °" 0° s6R=134.5BLOCK "( 5� ,° e 20 ti o .s,3. P✓ <0,, G O.T , 144.25' aI lb 120.50' 00 12o7 * 0 1zO.so o san°1100'w . w 344°11'00"W / / 3. BLOCK A, LOT 9 AND 8, LOT 22 ARE / a. p,N � ' / 0 Rd, FC22 n a. /R n ss ti O °, 1 o Id 30 0 7 0 21 O m Q 120.50' / / OPEN SPACE LOTS THAT SHALL BE DEDICATED TO zN IRS- _ �-� °o s o T , xR, v - 0 12u.50L=102.28 U r' /� _ _ �� 5T 8 co/' `be O 20 °G'. ®o% r, ro %E a � N44'11'00"E o� `O S44°11'OQ"W 'D S44°1Y00"WJ �n S44°11'00 W `n �o J to op / / s 3T 0. n s z1 0 4 �° 4 2�1 a s' / p`1' / / THE CITY OF WYLIE AND MAINTAINED BY THE HOME o in -co 6a- 60 m1 0 ?4' �i o.se' o' o so " „ 8 T=53.75' y '0 sb •- o /- 15' -, 4 s. e- r zo, m N . U� v p °' :Lit '� ,/`L/ OWNER'S ASSOCIATION PER ORDINANCE 2013-37 0 0 4,g, 17 60 o h / O, ems, k \ e 2 0 0 "' m 0147539'3118'W " 1w VONc / /�' N s�.i7 o O �A 8 96 h 29 8 f '. o 0 p :332'1a2 CB=S6T36'03"E \ 5/ tO 2 ti N G w v,, _.-T„ "o`N. F Ntie 4n °s"'a'. °V/ ,� > 3s>7 �" SOY�oe'- 6 '- N4r16'z9"E � 540.4728"W +.- s3e'5952"w W 120.50' „,1 1�. 50' `s„ // / (SEE EXHIBIT B, GENERAL STANDARDS N0. 4). CV eo•q �- N Tz 6 o w r o f 40/ c o ° �.3T'2Too" o CH=99.83' y 4's "I / m COoo �m N-o o �n- .�• 5 �`'s 22 �/ / m^ a� 12oso' �I t2o.se' A 1zo.5o' - 50' °"" e .A �. / ,9) 14QSg) Wn\ t .v`vi^i 2 v? 3 n 4 - o0 5 00 <" p2a d4 20 % S �� BrBV6, m m 1m28 ^' m 9 120. ow. a653W �� 9r "h ,4 o °, l ob / / 34 ° ) R y �1 1 1 46„W �- 1� 19 0- 5 0 S. BLOCK A, LOT 10 MIS NIT BE AN INTERNAL HALL N,0 M• _ ms / ie As 5 sao° 3-, ' S89'23'07 E /� SPACE LOT WITH AN AMENITY CENTER THAT SHALL t cc 3 m) 7 & A0 „ , � n 42a N6' CID 'A6. 23 4� / ,X sej. 5 a' o o coS aglye 3, - N3120.5 "E ` 1 -�s3s•5s p'N- 53s'zoss V ��- ASOT'w 1j0. �A ` \� \ 'S`'YSo V"�, 40.O' ' //// ,^<�. BE DEDICATED TO AND MAINTAINED BY THE HOME CO ry vil m m 2 91' o , 0 / (IF, 2 �, „� V - 120.50 12050' •w 120,50' �1 g3o' C 0 10 Nc 5s0 °5 / s`v its c a. ORDINANCE tp ro N5�29S 08"E "'� / II III N47 JOL 74.39' % 64.50 %°.46, y"L4� m '-QC. 04 0`'�" 4,y/ /0� 20s Nti^� TN s's v 33 0 0' t0 ._�`w°�1 \LA 27 4,W m.`� 10 4W\to 1 12Qts 52C5Y`1'So Qrn\ o .oU' A s. rS 1o"a" / �ri1 / // e- AE°o s4C�9P OWNER'S EXHIBIT B�GGENERALPSTANDARDS N0. 4). 13-37 6 �„ 57. s o 2, S 0' M 4 A co 1 0 ro 1 m 0 W 5 \ 0/ :4 j so a 399 h 1Q - _> H2.44' 6Q51' 60.51' SL20' 60.13' n �. 's �s / /'S dj 6 °. *O.V `1� „Ill- L4'57321°1'. ,g33'o4 yN5y041 p\ �. OO'W O 12 - �A .�r�so. / / ti yrr . °P �,om N 1 w ' N 25 0.�• /g"' 'n ,�L \ 29 N' 50w 50 cP )� S9 0 /C181 1 .� e " < P"°' <so°Y o p w 4 0 w w o �, F, /r,2i / 'As q 12 120.50120 1'Lo, �� m� 23 a� \� / SOO WT° yea <a° 5. GPS COORDINATES ARE RECTIFIED TO NAD 83 o oT oo-e} col 20 m mo� `w- ro An 20v 'v. °04 \ V - 5213 19 `s �A, ., N� V - 5 Q 5 o s 0 sA �e / n o<NS m cP "" o0 0 % 26 0- /2; s s ,,, C2 - m 1rn 26 11 r2 o.c,, 03 0 \O A°D./ T°at`'o-'pa°'rwoze° STATE PLANE COORDINATE SYSTEM NORTH CENTRAL Z 9P45°E1 cn ro � w / T 8. 0' P 2° m 1 a 22W �W 17 `s Y� �, 6 1 o ry �p D o w 0 27 v+ c^/h� n'S 6 , :p 'j a� 3 1� 12 a 1P > e VT �'. S O' °do. S 20 P o 5'7z3.S9' P : D 0, �- 2e P 10. 5 °° s ,� n 4o aC N o 32 �'o \29 mN Do L 9 ti TO Y2 ST,, o / A „;a , TEXAS ZONE 4202 (FEET). 3 _ ro n - IwI - 0 '0 28 rn i2 �. ?WSY 2g. �,�.� ' 0 - 2 g0 N- 52 ° D m\ n \ 10 0 12 e\ �� /, nKu P ^c°0.+ KT 0 30 0 m` i 2 i h o 0 iRs 50 0 9 NV „' °' SY 5 0. CE� 00 �o.0 / o� 0, 9�13 07 E c°?mw o ww 1 0 2 �m �- 1 12 - rn- 'I 0 0 > hN . iIRS c's5J�� 1 1� 132031 - rn _ s7 m - 2aA h/ 'ems m . 7o_a2:, - e-5.zs o�' r N47°55' 7"E 1 64- 3 1 1 0.8 O- ,' 31°58 s25 72 0. Y O' 60, Y O -O�u� _ 6000 a 2 2Vnw1 �� 36o w ° ° , a 50.00Of - 121.31' - 00 _ 9 'S �, 1 r/2" mS W m 3 -5 all N2 g 7 1\Q 0 5 N N- 5 12 \ 2 2 °O2002N 0°2 /L5 0.or` 0 60 UTUMN SAGE � o. �Ra 777z o �04 \ T zo �� o ° � � 0 5 ^o / rso.o a_ o e°CO s Cnl �_ + n's H..i� t2 �N- 8'3a4 A ` 2a $ Q �s 2 w11- 9 0.to ro ro 10 i° 5 'W .1' 13 ,VJ \ o A ° i5 1. / "JR/11"/ O _ pRIVE N o. - O , C2 0 z e �n s A ;2a ro o m o ya/iRs N3T60 v "r � cA" ' l4 m \� 2 0 Fi 0 5 n So /_� , F 'w rt CP S 5 -N N Y g V AZ1-0.0. 'o '" a7z.27 1/2' �0 2` yti , z' r'-p_ N2 Ts o 520- m-N. S ./O _ v\ ON 00 u\___-� , IRs '' V 1 0 V m 1 w\in 23 Y S1 °' / //N �N 0cO 14 c� 50 ° 1A / °120.00 ¢4.01 ¢ W wo ro\ '�- s vy' a ` o . / /=01'11'20" 1/ . r�i/2. L "W 3 _ , y:. �/2,. L G AN� Q0,C, .c m� Vgi o oX o h`v' 't/ 5/av2 5375057 6=21'45'07" xs1 g ti 5 � / / -16290$ � � o o IBCR=904.50' S43 3858W Ra a G 60 v 15 - '// R=705.00 R=825.50' C1 ss . 0- 22 ,2N d, Yo .9 °'' �° 69 --7- .- L=18 7T- _._ -- --- .--- _. __ _ ---- --- --- A5� -A3 W5 \°o O N5 d s \ Vti 50 OE>. d5Es. 5.,, . /mrvcRETE . C3 L=202.85' L-313.40 , 0A 6omU N of \ L:\,6 Y 2% O s° °. y0 s V� n� / /MONUMENT CB=N45'45'22W p4 T=158.61' \ ° N 0 >o �`9V ` 21 >8`'. 16 it �� \ s o�.. let EouNu T=9.38 60' 1reaT=102.13 t/r \N \ ae ,r. <.yo- "P\ A Va>v �, s 'c. .191(1 g°`b, q./ 30' C8=S10'29'16"W IR 0, ,W 16 .,W 95 5" 9, sA °,Ta /,',3a"�i CH=18.77' 50 CB=S29'36'23"W 5 0 ° o o- %120. $ \.� o `w CON OA �..s / / \ CH=202.15' CH=311.51' ° � 4 �° ALAN AND 22, PC. s�)EET rn 21 m ,/a- 5 '�!V-0 \�, s°a 2o5 (5- 5`' o. ° �A L0ti° z,O / VOL, 5822, PG. 988 � 1AoE IRs' %�2% Q\ 27 0- CV n �,�"'s /s4, H°6° °5° 1:::::: / / O.P.RC.C.T, �W\2550 .a N8 2 � \ %\ "IScs�isb, 51 ° NWQ \z G� 19°Q0 ' /�� / \CE, A\ 20 224 6° A cA E4T 5 N rn s o18 N„ wY Yo� o a° �, gacP 15 ,N 8 D o0 2-S L4 Q < rj, 5 O / /1 \2 ` C_ 726 ,C6. N3 °'� �' °q" 1 a /: „�k/ :L V\N2°y50V s N5E \s ,5 5d �°'�s, s°�,ti°A x�� x�,K E y`x�'/ IRS I/2.�-- 71::°\\9\ 9 A=65'05'05" 2°V° �oA 5Q .°� �s1 ti° zs .Wz. 9 ' c ° ,79 2w\oo / " / �51'S9'40" s9, a s� oY• A s 5°5 ti° �o ptiO C1C205d �� R=604.00 m C ggo5o o- 4 s o,, / / S 4. R=784.50' �J A 1a L=604.00' d `E vV- s° `V 0 Vb av e g / ,E00- P'`�`L°C co� �� 24 'L �� SN 46, `'°2 T° 21 y ' / / / / njDt^� T=3812.58' vs\ \Oo 's T=385.42' s ti E sw \ s 050 -" os, e O,ti° CB=S89'45'45"E 9 5 23 o^ CB=N72'20'52"W C. /4 s, CH=649.81' �� 3:0�° ° �o°� � / �� / / / FINAL PLAT CH=687.74 09 Ao s. 0 0 /.QA oQ'rLo' s�5` d'1 cs.6 2n'O d'. "i° \ 29 ,/ ,�pi Q / / 50 / " 16 �C 6: ke13'25'26" 0�. V6' c <N / VR ,8080e cc ° 8 " DOMINION OF PLEASANT VALLEY 6 `ss o°o R=480.50' 6=22'1474 or. 9 43>- (_`t• WYLIE Dav LIMITED PARTNERSHIP WYLIE NV LIMITED PARTNERSHIP „\ o ^° S) r 0o g`D 66 \oo. / S \Oo, / /y- / / CALLED 139,871 ACRES PHASE 1 CALLED 139.871 ACRES V `� 15 „" -6„ L=112.58' R=1298.50 0 o"�y° 8s. V Gj / / DOC. NO. 20131029001473050 / \ off° Ad s, N5T41'43"E 2 ss� o �O a / / Doc. No. 20131029001473050 o P R C-C.T. �90 5° , 14 e- T=56.55' " L=503.96 oA0 9 o�, �, / N.y / / 0 P R.C.C.T. 0° 0 35.87' CB=N6424'26"E T=255.20' oti o. "fin 4 /bo/ DOC. NO 201300334381 BEING 59.988 ACRES OUT OF THE DOC. NO P.R )201300334381 o `? A. ?5 . •r " ., ,-\-. „`L ti /p,/ ° aCB=N78'16 00 W1 • / 52 �/ o P.R.D.c.T. GUADALUPE DE LOS SANTOS SURVEY, CH=112.32' ABSTRACT NO. 1100 (COLLIN COUNTY); 9 13 'c 57 B ziRs • , �� '� " 0�y00o ro 96 Sp7 IRs i/re5z' CH-50O.81' e' '/z'/ / A 6, 12 °2<3°84 °• / N8A‘2 '07"W St ABSTRACT NO. 1384 (DALLAS COUNTY) CURVE TABLE y> �0� zog3 'ON 11 0 o Zzsr' /5 , NO. DELTA RADIUS LENGTH TANGENT CHORD BEARING CHORD t IRS 4A �`v ^ mo -23' 1/2 " / ' Ct 6'29'05 1178.00' 133.33' 66.74' S63'54'20"E 133.26' O<�• 6/ �''�G' n w 10 m "' ,.'o IRS , " IRS2 e L'p CITY OF WYLIE c2 ao6'za i24.50' 93.10' 46s7 ssa36'33"E 93.08' �o ' o �0e0'o,: �6RQ�� Q N 9 0 .<v N89'2307 W ��9'36r� W °9 COLLIN COUNTY AND DALLAS COUNTY, TEXAS C3 819'53 724.50' 105.35' 52.77' S53'03'17"E 105.26' o oT ;W 58 63 28' 2 7. /vw� 4 Co ��O �� 40.03� / �,� //9S O00 C4 181a'o1" 9e0.00' 313.01' 157.85' N36'26'55"W 311.68' ,�0 �ti 2 0`40 �'" -C'vF ,To-cot: ' N CS / /"h°`,9 Co' ti%1_ 201 RESIDENTIAL LOTS PER ORDINANCE N0. 2013-37 C5 95'00'23" 754.50' 1251.09' 823.48' S74'48'06"E 1112.61' . A,, o 58By- SS> 1N. � � / / Co �\ C6 122'55'10" 330.00' 707.97' 606.77' N60'50'42"W 579.80' IRS ,o0 3 ,h o A /�5 \�"47'43' /z" C7 69'26'44" 440.00' 533.30' 304.93' S34'06'29"E 501.25' LINE TABLE S , a o /�861. _ 3� W IRS 07 �� / / \° WYLIE DPV LIMITED PARTNERSHIP C8 2332'33" 500.00' 205.45' 104.19' N57'03'35"W 204.00' LINE BEARING DISTANCE '��° 4 ,'o' o ,o, Sg 6r� _ b 87`� / / "�aO rooT wATERUNe ESMT To OWNER DEVELOPER NORTH TEXAS MUNIMPAI. WATER C9 108'31'05" 389.50' 737.71' 541.23' N08'26.33"E 632.29' L1 N4411.00"E 13.50' 0TS . ° •`°o ^ 2>00` 4711F / / / veil- 4456, PG. 461 O1ER.2C.T. DO C10 177'05'29" 50.00' 154.54' 1969.51' s0112'38"W 99.97' L2 S45.49'00"E ) 50.00• � /: s � ��s3- ,�'a3o4 ♦ / o+W c/o Team Phillips, Inc. (972) 385-0909 C11 7'57'17" 680.00' 992.9E 608.69' NO3'59'02"W 907.0E L3 S22'51'07"W 120.50' 6T5 vnw 6 �o /, ze / A� '� ti/r 1914 Skillman Street, Suite 110-310 6=23'ST35" o ° /o / G EGD, WA RDNE Esmr To / C12 T5793" 250.00' 34.70' 17.38' N75'49'12"E 34.68' L4 S29'20'13"W 120.50' 6> "' w 7 roR - / 4) /SIN/ NORTHTEYAac UNUsoPaoc T. </4VLq Dallas, Texas 75206 C13 51'36'06" 250.00' 225.15' 120.86' N82'21.22"W 217.62' L5 N77'40.36"W 75.31' R=904.50' ,57, 6, 8 tie !G � / / VOL, 9aaD, Pc. 2211 oPk.ccT `' 73 C14 32'49'48" 1153.00' 660.66' 339.67' S72'S8'13"E 651.66' L6 N68'38'11"W 120.50' L=378.24' 62.52 27.o0w. Ct) a •�V / / / C15 43'34'07" 862.00' 655.48' 344.50' S67'36.04"E 639.80' L7 N32'46.47"E 120.50' ,� CO • JBI PARTNERS, INC. ENGINEER C16 4334'07" 571.00' 434.20' 228.20' S6736'04"E 423.81' L8 S44'40'56"W 4z.z5 T=191.93 :, 6Qoo' � � // \ 16301 Quorum Drive, Suite 200 B (972)248-7676 C17 4334'OY 280.00' 212.92' 111.90' S6736'04"E 207.82' L9 N45'51'04"W 25.22' CB=S69'40'30"W IRS /z, Addison, Texas 75DD1 C18 43'34'07" 425.50' 323.56' 170.05' S6736'04"E 315.82' L10 S45'46'51"W 42.51' CH=375.49' , " Tres r' G± \ No. F-438 TBPLS 01No 10076000 C19 4334'07" 716.50' 544.84' 286.35' S67'36'04"E 531.81' L12 845'35'55"W 5.04' S57'41 43 W C20 43'34'07" 1007.50' 766.12' 402.65' S67'36.04"E 747.79' L17 S44'50'18"W 12.50' 87.00' • C21 30'08'00" 825.50' 434.15' 222.22' N0617'49"E 429.17' L13 S44'50'18"W 12.50' C22 8825'36" 534.50' 824.91' 520.02' NO1'04'39"E 745.45' L14 N45'35'55"W 4.58' +� \ MAY 6, 2014 Sheet 1 of 3 .—i amuu SITE _ m4L�..i „ .I -- ( p ° 1 I 5 4 i R v \ L ( 4 / / ,IMP 3 L ... r.. LN A is, / / L., Y i N. \,/ // c / , i 1 `�- �1 / / //N 30 FOOT WATERLINE FONT. TO LEGEND �,� Y/ �`� , k • 8�<q GNORTH TEXAS MUNICIPAL WATER C)� �\i . / / VOL. 4456, PO 461 O.PRD.CT. �`—' J . L� / POC POINT OF COMMENCING �D Tj ,0/ �� • �109.29'43" /Np"j /"�=� POB POINT OF BEGINNING A -i / /A `� / Dc% ,NORTH TEXOOT AS MUNICIPAL WATER IRF RS IRON ROD FOUND �P R=360.00' / �� VOL. 99148, PC. 2115 °PR.0.c.t OD SET '� '� / \ 4 / �� L=687.98' // / VOL. 4450, PG. 2423 oP R.cc.t ROW RIGHT-OF-WAY RON �� , � � ' � 7 T=509.34 / / / BL BUILDING LINE 7 i� d • CB=S54•07'59"E/ / / HOA HOMEOWNER'S ASSOCIATION f 7 �-� • / / / O.P.R.C.C.T. OFFICIAL PUBLIC RECORDS COLON COUNTY TEXAS )� �" �; � ..• \ CH=587.97' / //// 0.P.R.D.C.T. OFFICIAL PUBLIC RECORDS DALLAS COUNTY TEXAS .�,� -'/ • o� / / COMMON AREA TO BE DEDICATED TO THE CITY OF �� , ( � RAY • -o 50 / ��,/��h/ 77/ WYLIE AND MAINTAINED BY HOA (PER ORD 2013-37) --' L ; . ., . �t0703'38" g� "/ y • R=300.00' — Air �� L=560.57' ►— t • °D'1P5W /�• //// — T=405.88' 30 )° /�a/ LOCAIiON MAP • Or o°cE. e T T CB=N52'54'S6"W I / "?.., NOT To SCALE - orrR!E ,.. Pg1c`zg O CH=482.50y . ( // `�.�1 eo 09 GRAPHIC SCALE — / �� 100 0 so 100 200 400 / / / / ( 7N FEET ) Q � _ '--1 _ / 55 / / 'qd 1 inch = 100 ft. 20 3 _�2'- _ GENERAL NOTES: _ O / _ Pry NPO NORTH 0 �07 s-TNERLINE E-RIT, `` ` 1``P' ovE�CL,I 1. SELLING OFF A PORTION OF THIS ADDITION BY VOL NtGPq, i0 wa C - VOC JRE RVT Jd ` - ` PSI°I, pp,4ATER — _ _ ao io h / _ 0 . _ __ _ - L o,p,44, PAGE e METES AND BOUNDS DESCRIPTION, WITHOUT A °-pRP-c;y o.D' '�i / / 1 2 � 0\ — _ - REPLAT BEING APPROVED BY THE CITY OF WYLIE, IS DO/�'�' / / o°P EN _ (� s A VIOLATION OF CITY ORDINANCE AND STATE LAW / / o N`�F AND IS SUBJECT TO FINES AND WITHHOLDING OF _ _ _ UTILITIES AND BUILDING PERMITS. ^EM ti� p ��°00. oogW�9Ls� _ 2. BLOCK E, LOT 28; BLOCK F, LOT 37; & BLOCK L ,��• og51iV,A�RY,V, � � a / ,. _ 'Ro A'�AFsa N` — — G, LOTS 29 & 42 ARE COMMON AREAS THAT SHALL BY THE /4,)4D / /// SC) ft) OME� R Pg — _ OWNER SCATED ASSOCIAT ON.TO ANDMATHESIE E LOTS ARE HNOT ��`o�� /SD ' BM PPINCLUDED IN THE OPEN SPACE TABULATION. /'�, ,ES ---- --- 3. BLOCK A, LOT 9 AND BLOCK B, LOT 22 ARE / SHALL BE WYLIE DPV LIMITED PARTNERSHIP / t� L THENCITYAOF WYLIE ANDTMAINTAINED BYDITHEEHHOME CALLED 68,080 ACRES / - OWNER'S ASSOCIATION PER ORDINANCE 2013-37 DOC. NO. 201300334379 / REQUIRED RESIDENTIAL UNITS (SEE EXHIBIT B, GENERAL STANDARDS NO. 4). 0.P.R.D.C.T. / / PROPOSED UNITS ON SUBJECT PLAT REQUIRED UNITS UPON FULL DEVELOPMENT / / / - __ 4. BLOCK A, LOT 10 IS TO BE AN INTERNAL OPEN / ' SINGLE FAMILY-TYPE "A" LOTS - SINGLE FAMILY-TYPE "A" LOTS MIN 10% UNITS SPACE LOT WITH AN AMENITY CENTER THAT SHALL // // / L69.26' 4" BE DEDICATED TO AND MAINTAINED BY THE HOME / / SINGLE FAMILY-TYPE "B" LOTS 94 SINGLE FAMILY-TYRE "B" LOTS REMAINDER UNITS OWNER'S ASSOCIATION PER ORDINANCE 2013-37 / / /0 R=410.00 (SEE EXHIBIT B, GENERAL STANDARDS NO. 4). / / U 'n L=496.9 SINGLE FAMILY-TYPE "C" LOTS 107 SINGLE FAMILY-TYPE "C" LOTS 450 MAX UNITS / / '� 5. GPS COORDINATES ARE RECTIFIED TO NAD 83 T=284.14 TOTAL PROPOSED UNITS PER 201 TOTAL UNITS PER 975 MAX UNITS /A=69'26'44" CB=S34' '29"E SUBJECT PLAT APPLICATION APPROVED PD2013-37SF STATE PLANE COORDINATE SYSTEM NORTH CENTRAL R=470.00' I CH=467. 8' TEXAS ZONE 4202 (FEET). / /// L=569.67' .►• / / T=325.72' 30 FOOT WATERLINE ESMT. TO / / OPEN SPACE ACREAGE NORTH TEXAS MUN,NPAI.. WATER / / CB=N34•06 29 W VOL. 4456, PG. 457 o.V R.D.0 T. / // CH=535.43' PROPOSED ACREAGE PER SUBJECT PLAT REQUIRED UNITS UPON FULL DEVELOPMENT / PHASE , DOMINION OF PLEASANT VALLEY / /� TOTAL ACREAGE 59 9 TOTAL ACREAGE 361 4 PHASE 1 DOMINION OF PLEASANT VALLEY OPEN SPACE ACREAGE 8.5 OPEN SPACE ACREAGE 811 / / / PHASE , DOMINION OF PLEASANT VALLEY / IRS WYLIE DPV LIMITED PARTNERSHIPINTERNAL OPEN SPACE ACREAGE INTERNAL OPEN SPACE ACREAGE / CALLED 62.744 ACRES (PER ORDINANCE 2013-37, EXHIBIT D & B.;Y (PER ORDINANCE 2013-37, EXHIBIT D & 27,2 / �(2, EXHIBIT B, GENERAL STANDARD 4; EXHIBIT B, GENERAL STANDARD 4; // // IRS O tn� DOC. NO. 20131029001473040 INCLUSIVE OF AMENITY CENTER AREA) INCLUSIVE O AMENITY CENTER AREA) / / �� CA O.P.R.C.CS. PHASE 1 DOMINION OF PLEASANT VALLEY / / o Za DOC. NO. 201300334380 PERIMETER OPEN SPACE BUFFER ACREAGE PERIMETER OPEN SPACE BUFFER ACREAGE 6-7 // // QT % . 0.P.R.D.C.T. (PER ORDINANCE 2013-37. EXHIBIT D) 0.3 (PER ORDINANCE 2013-37, EXHIBIT D) / / \N PHASE 1 DOMINION OF PLEASANT VALLEY / / �. 2 .e'3 MAJOR EASEMENT OPEN SPACE ACREAGE 0-0 MAJOR EASEMENT OPEN SPACE ACREAGE 47.2 // // V (PER ORDINANCE 2013-37, EXHIBIT D) (PER ORDINANCE 2013-37, EXHIBIT D) / �s 'f\Q., . PHASE 1 DOMINION OF PLEASANT VALLEY / 41. � Vf PERCENTAGE OF OPEN SPACE ACREAGE 14% PERCENTAGE OF OPEN SPACE ACREAGE 22% / 6p �� 0 �� 1Jk Q 6p O IRS S IR A=23'32'33" NS &23.32'33" FINAL PLAT R=410.00' R=470.00' L=168.47' L=193.12' T=85.44' T=97.94' DOMINION OF PLEASANT VALLEY, CB=N5703'35'W CB=S57.03'35"E PHASE 1 CH=167.28' S2 CH=191.76' BEING 59.988 ACRES OUT OF THE IGUADALUPE DE LOS SANTOS SURVEY, R51P2W v2. ABSTRACT NO. 1100 (COLLIN COUNTY); 42.5' 4 2.5' IRS & ABSTRACT NO. 1384 (DALLAS COUNTY) 3 w CITY OF WYLIE co 0- M N m d. COLLIN COUNTY AND DALLAS COUNTY, TEXAS • 3- ^ 3 : 201 RESIDENTIAL LOTS PER ORDINANCE NO. 2013-37 dam' CV -.. N z Fn WYLIE DPV LIMITED PARTNERSHIP OWNER/DEVELOPER CITY OF WYLE CITY OF WYLIE SANITARY SEVER ESMT. �oSURVEY (SURVEY NOTI RE DATED: W0IT coo Team Phillips, Inc. (972) 385-0909 UNRECORDED (SURVEY EXHIBIT DATED: 06-19-06) NOTE CUMENT (SURVEY EXH RT AE W6.- E-CEMENT 1914 Skillman Street, Suite 110-310 SANITARY SEWER ESMT. DOC. No 20070070745 thEE IF IRS L10 -M� - - - - - --- -_ Dallas, Texas 75206 IRF IRS ---...... _......._. L9 L8 I'S2" PLEASANT VALLEY ROAD JBI PARTNERS, INC. ENGINEER (VARIABLE WIDTH R.O.W.) 16301 Quorum Drive, Suite 200 B (972)248-7676 Addison, Texas 75001 TBPE No. F-438 TBPLS No. 10076000 MAY 6, 2014 Sheet 2 of 3 Surveyor's Certificate OWNER'S CERTIFICATION § THENCE South 45 degrees 17 minutes 18 seconds East, 244.94 feet to a one-half inch iron rod set for corner being in the northwest right-of-way line of Pleasant Valley Road (a variable width right-of-way); Know All Men By These Presents: STATE OF TEXAS § THENCE along the northwest right-of-way of Pleasant Valley Road as follows: That I, Dan B. Ramsey, do hereby certify that I prepared this plat and the field notes made a part thereof from COUNTY OF COLLIN § South 44 degrees 40 minutes 56 seconds West, 42.25 feet to a one-half inch iron rod found at the south corner of said an actual and accurate survey of the land and that the corner monuments shown thereon were properly placed 62.744 acre tract of land; under my personal supervision, in accordance with the Subdivision regulations of the City of Frisco, Texas. WHEREAS, Wylie DPV Limited Partnership is the owner of a tract of land located in the City of Wylie, Collin and Dallas County, North 45 degrees 51 minutes 04 seconds West, 25.22 feet to a one-half inch iron rod found at the east corner of said Dated this, the __day of Texas, a part of the Guadalupe De Los Santos Survey, Abstract Number 1100 in Collin County and Abstract Number 1384 in 68.080 acre tract of land; Y 2014. Dallas County, Texas, and being a part of a called 80.178 acre tract of land described in a special warranty deed to Wylie DPV South 45 degrees 46 minutes 51 seconds West, 42.51 feet to a one-half inch iron set for corner; Limited Partnership as recorded in Document No. 20131029001473060, Official Public Records of Collin County, Texas and in ___ _ . . Document No. 201300334382, Official Public Records of Dallas County, Texas, and being a part of a called 139.871 acre tract THENCE North 45 degrees 17 minutes 18 seconds West, 276.33 feet to a one-half inch iron rod set for corner; Dan B. Ramsey, R.P.L.S. # 4172 �",'po .................... of land described in a special warranty deed to Wylie DPV Limited Partnership as recorded in Document No. 20131029001473050, '• Official Public Records of Collin County, Texas and in Document No. 201300334381, Official Public Records of Dallas County, THENCE Northwesterly, 168.47 feet along a curve to the left having a central angle of 23 degrees 32 minutes 33 seconds, a Texas, and being a part of a called 62.744 acre tract of land described in a special warranty deed to Wylie DPV Limited radius of 410.00 feet, a tangent of 85.44 feet and whose chord bears North 57 degrees 03 minutes 35 seconds West, 167.28 . DAN B. RAMSEY �• feet to a one-half inch iron rod set for corner; Partnership as recorded in Document No. 20131029001473040, Official Public Records of Collin County, Texas and in Document 4172 Qy,:` No. 201300334380, Official Public Records of Dallas County, Texas, and being a part of a called 68.080 acre tract of land (1'• ESSO `0 i THENCE North 68 degrees 49 minutes 51 seconds West, 283.64 feet to a one-half inch iron rod set for corner; STATE OF TEXAS § �4. Np ••••••R•••' a 4 described in a special warranty deed to Wylie DPV Limited Partnership as recorded in Document No. 201300334379, Official Sult`l.. - Public Records of Dallas County, Texas, and being further described as follows: THENCE Northwesterly, 569.67 feet along a curve to the right having a central angle of 69 degrees 26 minutes 44 seconds, a COUNTY OF DENTON § radius of 470.00 feet, a tangent of 325.72 feet and whose chord bears North 34 degrees 06 minutes 29 seconds West, 535.43 COMMENCING at a concrete monument found at the west corner of said 80.178 acre tract of land, said corner being the north feet to a one-half inch iron rod set for corner; BEFORE ME, the undersigned, a Notary Public in and for The State of Texas, on this day personally appeared corner of a parcel of land described in deed to Jorge Granados as recorded in Document No. 201200159093, Official Public Dan B. Ramsey, known to me to be the person and officer whose name is subscribed to the foregoing Records of Dallas County, Texas, said corner being in the southeast right-of-way line of Sachse Road (a variable width THENCE North 00 degrees 36 minutes 53 seconds East, 257.25 feet to a one half-inch iron rod set for corner; instrument, and acknowledged to me that he executed the same for the purposes and considerations therein right-of-way); expressed and in the capacity therein stated. THENCE Northwesterly, 560.57 feet along a curve to the left having a central angle of 107 degrees 03 minutes 38 seconds, a THENCE along the southeast right-of-way line of Sachse Road as follows: radius of 300.00 feet, a tangent of 405.88 feet and whose chord bears North 52 degrees 54 minutes 56 seconds West, 482.50 GIVEN UNDER MY HAND AND SEAL OF OFFICE this the ____day of , 2014. feet to a one-half inch iron rod set for corner; North 44 degrees 25 minutes 31 seconds East, 364.61 feet to a concrete monument found for corner; North 41 degrees 35 minutes 16 seconds West, 15.69 feet to a concrete monument found for corner; THENCE South 16 degrees 26 minutes 45 seconds East, 112.88 feet to a one half-inch iron rod set for corner; ____ North 44 degrees 23 minutes 05 seconds East, 154.76 feet to a one-half inch iron rod set for corner at the POINT OF Notary Public in and for the State of Texas BEGINNING of this tract of land; THENCE South 57 degrees 41 minutes 43 seconds West, 87.00 feet to a one-half inch iron set for corner; ff=-°AAA ��\ STEVEN E HINES tl # NoleryPubllq State alTeras THENCE North 44 degrees 23 minutes 05 seconds East, 1,832.12 feet along the southeast right-of-way line of Sachse Road to THENCE Southwesterly, 378.24 feet along a curve to the right having a central angle of 23 degrees 57 minutes 35 seconds, a VA,._ J .) MVComm_Expiresosm4n5 a one half-inch iron rod set for corner; radius of 904.50 feet, a tangent of 191.93 feet and whose chord bears South 69 degrees 40 minutes 30 seconds West, 375.49 ``"--5 ' feet to a one-half inch iron rod set for corner; THENCE South 45 degrees 49 minutes 00 seconds East, 202.74 feet to a one half-inch iron rod set for corner; THENCE North 08 degrees 20 minutes 42 seconds West, 120.00 feet to a one-half inch iron rod set for corner; THENCE North 44 degrees 11 minutes 00 seconds East, 13.50 feet to a one half-inch iron rod set for corner; Selling a portion of this addition by metes and bounds is a violation of City Ordinance and State Law and is THENCE Northwesterly, 711.91 feet along a curve to the right having a central angle of 51 degrees 59 minutes 40 seconds, a subject to fines and withholding of utilities and building permits. THENCE South 45 degrees 49 minutes 00 seconds East, 50.00 feet to a one half-inch iron rod set for corner; radius of 784.50 feet, a tangent of 382.58 feet and whose chord bears North 72 degrees 20 minutes 52 seconds West, 687.74 feet to a one-half inch iron rod set for corner; "RECOMMENDED FOR APPROVAL" THENCE North 44 degrees 11 minutes 00 seconds East, 120.50 feet to a one half-inch iron rod set for corner; THENCE South 43 degrees 38 minutes 58 seconds West, 120.00 feet to a one-half inch iron set for corner; THENCE South 45 degrees 49 minutes 00 seconds East, 385.08 feet to a one half-inch iron rod set for corner•, THENCE Northwesterly, 18.77 feet along a curve to the right having a central angle of 01 degrees 11 minutes 20 seconds, a radius of 904.50 feet, a tangent of 9.38 feet and whose chord bears North 45 degrees 45 minutes 22 seconds West, 18.77 Chairman, Planning & ZoningCommission Date THENCE Southeasterly, 102.28 feet along a curve to the left having a central angle of 43 degrees 34 minutes 07 seconds, a feet to a one-half inch iron rod set for corner; radius of 134.50 feet, a tangent of 53.75 feet and whose chord bears South 67 degrees 36 minutes 03 seconds East, 99.83 City of Wylie, Texas feet to a one-half inch iron rod set for corner; THENCE North 45 degrees 09 minutes 42 seconds West, 67.51 feet to a one-half inch iron rod set for corner; THENCE South 89 degrees 23 minutes 07 seconds East, 40.03 feet to a one half-inch iron rod set for corner; THENCE North 40 degrees 36 minutes 08 seconds West, 252.45 feet to a one-half inch iron rod set for corner; "APPROVED FOR CONSTRUCTION" THENCE South 00 degrees 36 minutes 53 seconds West, 120.50 feet to a one half-inch iron rod set for corner; THENCE North 62 degrees 42 minutes 06 seconds East, 155.20 feet to a one-half inch iron rod set for corner; THENCE South 89 degrees 23 minutes 07 seconds East, 50.00 feet to a one half-inch iron rod set for corner; THENCE North 27 degrees 17 minutes 54 seconds West, 96.93 feet to a one-half inch iron rod set for corner; -- Mayor, City of Wylie, Texas Date THENCE South 00 degrees 36 minutes 53 seconds West, 923.00 feet to a one half-inch iron rod set for corner; THENCE Northwesterly, 303.43 feet along a curve to the left having a central angle of 18 degrees 18 minutes 01 seconds, a radius of 950.00 feet, a tangent of 153.02 feet and whose chord bears North 36 degrees 26 minutes 55 seconds West, 302.14 "ACCEPTED" THENCE North 89 degrees 23 minutes 07 seconds West, 50.00 feet to a one half-inch iron rod set for corner; feet to a one-half inch iron rod set for corner; THENCE South 00 degrees 36 minutes 53 seconds West, 120.50 feet to a one-half inch iron rod set for corner; THENCE North 45 degrees 35 minutes 55 seconds West, 5.04 feet to a one-half inch iron rod set for corner; THENCE North 89 degrees 23 minutes 07 seconds West, 40.03 feet to a one-half inch iron rod set for corner; THENCE South 44 degrees 50 minutes 18 seconds West, 12.50 feet to a one-half inch iron set for corner; Mayor, City of Wylie, Texas Date THENCE Northwesterly, 503.96 feet along a curve to the right having a central angle of 22 degrees 14 minutes 14 seconds, a THENCE North 45 degrees 35 minutes 55 seconds West, 258.82 feet to the POINT OF BEGINNING and containing 2,613,083 radius of 1,298.50 feet, a tangent of 255.20 feet and whose chord bears North 78 degrees 16 minutes 00 seconds West, square feet or 59.988 acres of land. 500.81 feet to a one-half inch iron rod set for corner; The undersigned, the City Secretary of the City of Wylie, Texas, hereby certifies that the foregoing final plat of BASIS OF BEARING: the DOMINION OF PLEASANT VALLEY, PHASE 1 subdivision or addition to the City of Wylie was submitted, by THENCE North 21 degrees 51 minutes 07 seconds East, 120.50 feet to a one-half inch iron rod set for corner; formal action, then and there accepted the dedication of streets, alley, parks, easement, public places, and The basis of bearing is derived from GPS observations using the City of Wylie geodetic monuments. (Coordinate System: North water and sewer lines as shown and set forth in and upon said plat and said Council further authorized the THENCE Northwesterly, 133.33 feet along a curve to the right having a central angle of 06 degrees 29 minutes 33 seconds, a Central Zone 4202 State Plane Coordinates, NAD83). Mayor to note the acceptance thereof by signing his name as hereinabove subscribed. radius of 1,178.00 feet, a tangent of 66.74 feet and whose chord bears North 63 degrees 54 minutes 20 seconds West, 133.26 feet to a one-half inch iron rod set for corner; Witnesss my hand this __ day of _______, 2014. THENCE South 29 degrees 20 minutes 13 seconds West, 120.50 feet to a one-half inch iron rod set for corner; THENCE Northwesterly, 93.10 feet along a curve to the right having a central angle of 04 degrees 06 minutes 28 seconds, a NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: radius of 1,298.50 feet, a tangent of 46.57 feet and whose chord bears North 58 degrees 36 minutes 33 seconds West, 93.08 CitySecretary, Cityof Wylie, Texas feet to a one-half inch iron rod set for corner; THAT WYLIE DPV LIMITED PARTNERSHIP, acting herein by and through its duly authorized officers, does hereby adopt this Yl plat designating the herein above described property as DOMINION OF PLEASANT VALLEY, PHASE 1 an addition to the City of THENCE North 77 degrees 40 minutes 36 seconds West, 75.31 feet to a one-half inch iron rod set for corner; Wylie, Texas, and does hereby dedicate, in fee simple, to the public use forever, the streets, rights-of-way, and other public improvements shown thereon. The streets and alleys, if any, are dedicated for street purposes. The easements and THENCE Southwesterly, 313.40 feet along a curve to the right having a central angle of 21 degrees 45 minutes 07 seconds, a public use areas, as shown, are dedicated, for the public use forever, for the purposes indicated on this plat. No buildings, radius of 825.50 feet, a tangent of 158.61 feet and whose chord bears South 10 degrees 29 minutes 16 seconds West, 311.51 fences, trees, shrubs or other improvements or growths shall be constructed or placed upon, over or across the easements feet to a one-half inch iron rod set for corner; as shown, except that landscape improvements may be placed in landscape easements, if approved by the City Council of the City of Wylie. In addition, utility easements may also be used for the mutual use and accommodation of all public THENCE North 68 degrees 38 minutes 11 seconds West, 120.50 feet to a one-half inch iron rod set for corner; utilities desiring to use or using the same unless the easement limits the use to particular utilities, said use by public utilities being subordinate to the public's and City of Wylie's use thereof. THENCE Southwesterly, 202.85 feet along a curve to the right having a central angle of 16 degrees 29 minutes 08 seconds, a radius of 705.00 feet, a tangent of 102.13 feet and whose chord bears South 29 degrees 36 minutes 23 seconds West, 202.15 The City of Wylie and public utility entities shall have the right to remove and keep removed all or parts of any buildings, feet to a one-half inch iron rod set for corner; fences, trees, shrubs or other improvements or growths which may in any way endanger or interfere with the construction, maintenance, or efficiency of their respective systems in said easements. The City of Wylie and public utility entities shall at THENCE South 37 degrees 50 minutes 57 seconds West, 344.01 feet to a one-half inch iron rod set for corner; all times have the full right of ingress and egress to or from their respective easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, rending meters, and adding to or removing all or parts of their respective systems without the necessity at any time procuring permission from anyone. FINAL PLAT THENCE Southeasterly, 105.35 feet along a curve to the left having a central angle of 08 degrees 19 minutes 53 seconds, a radius of 724.50 feet, a tangent of 52.77 feet and whose chord bears South 53 degrees 03 minutes 17 seconds East, 105.26 This plat approved subject to all platting ordinances, rules, regulations and resolutions of the City of Wylie, Texas. feet to a one-half inch iron rod set for corner; DOMINION OF PLEASANT VALLEY, THENCE North 32 degrees 46 minutes 47 seconds East, 120.50 feet to a one-half inch iron rod set for corner; WITNESS, my hand, this the ____ day of __ 2014. PHASE 1 THENCE Southeasterly, 686.11 feet along a curve to the left having a central angle of 65 degrees 05 minutes 05 seconds, a WYLIE DPV LIMITED PARTNERSHIP, a Texas Limited Partnership BEING 59.988 ACRES OUT OF THE radius of 604.00 feet, a tangent of 385.42 feet and whose chord bears South 89 degrees 45 minutes 45 seconds East, 649.81 By. Webb Peak Development Partners LP, feet to a one-half inch iron rod set for corner; its general partner GUADALUPE DE LOS SANTOS SURVEY, THENCE North 57 degrees 41 minutes 43 seconds East, 35.87 feet to a one half-inch iron rod set for corner; By. RNH Development Company, ABSTRACT NO. 1100 (COLLIN COUNTY); its general partner & ABSTRACT NO. 1384 (DALLAS COUNTY) THENCE Northeasterly, 112.58 feet along a curve to the right having a central angle of 13 degrees 25 minutes 26 seconds, a B radius of 480.50 feet, a tangent of 56.55 feet and whose chord bears North 64 degrees 24 minutes 26 seconds East, 112.32 y Ronald N. Haynes, Jr. CITY OF WYLIE feet to a one-half inch iron rod set for corner; President COLLIN COUNTY AND DALLAS COUNTY, TEXAS THENCE South 18 degrees 52 minutes 50 seconds East, 120.50 feet to a one half-inch iron rod set for corner; 201 RESIDENTIAL LOTS PER ORDINANCE NO. 2013-37 STATE OF TEXAS § THENCE Southeasterly, 687.98 feet along a curve to the right having a central angle of 109 degrees 29 minutes 43 seconds, a radius of 360.00 feet, a tangent of 509.34 feet and whose chord bears South 54 degrees 07 minutes 59 seconds East, 587.97 COUNTY OF _ - § WYLIE DPV LIMITED PARTNERSHIP OWNER/DEVELOPER feet to a one-half inch iron rod set for corner; --- BEFORE ME, the undersigned authority in and for the State of Texas, on this day personally appeared c/o Team Phillips, Inc. (972) 385-0909 THENCE South 00 degrees 36 minutes 53 seconds West, 257.25 feet to a one half-inch iron rod set for corner; , known to me to be the person whose name is subscribed to the foregoing instrument and 1914 Skillman Street, Suite 110-310 acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity Dallas, Texas 75206 THENCE Southeasterly, 496.94 feet along a curve to the left having a central angle of 69 degrees 26 minutes 44 seconds, a therein stated. radius of 410.00 feet, a tangent of 284.14 feet and whose chord bears South 34 degrees 06 minutes 29 seconds East, 467.08 feet to a one-half inch iron rod set for corner; GIVEN UNDER MY HAND AND SEAL OF OFFICE this ____ day of s__, 2014. JBI PARTNERS, INC. ENGINEER THENCE South 68 degrees 49 minutes 51 seconds East, 346.23 feet to a one half-inch iron rod set for corner; 16301 Quorum Drive, Suite 200 8 (972)248-7676 Addison, Texas 75001 THENCE Southeasterly, 193.12 feet along a curve to the right having a central angle of 23 degrees 32 minutes 33 seconds, a TBPE No. F-438 TBPLS No. 10076000 radius of 470.00 feet, a tangent of 97.94 feet and whose chord bears South 57 degrees 03 minutes 35 seconds East, 191.76 Notary Public, State of Texas feet to a one-half inch iron rod set for corner; MAY 6, 2014 Sheet 3 of 3 uF Wit,8 , , il Wylie City Council � .� R�Ms; AGENDA REPORT ;4 8$ Meeting Date: July 22, 2014 Item Number: E Department: Fire (City Secretary's Use Only) Prepared By: Randy Corbin Account Code: Revenue/ 100-4000-43530 Date Prepared: June 5, 2014 Budgeted Amount: $107,032.92 Exhibits: 3 Subject Consider, and act upon, Resolution No. 2014-17(R) authorizing the City Manager of the City of Wylie, Texas, to execute an Interlocal Agreement by and between the Town of St. Paul and the City of Wylie for Fire Protection Services. Recommendation Motion to approve, Resolution No. 2014-17(R) authorizing the City Manager of the City of Wylie, Texas, to execute an Interlocal Agreement by and between the Town of St. Paul and the City of Wylie for Fire Protection Services. Discussion The City of Wylie and the Town of St. Paul have had an Interlocal Agreement for Fire Protection Services since January 26, 1993. The current Interlocal Agreement between the City of Wylie and the Town of St. Paul for Fire Protection Services was entered into on October 1, 2013,. and had a one year initial term and did not have an automatic renewal. This agreement expires September 30, 2014. The attached Interlocal Agreement for Fire Protection Services between the City of Wylie and the Town of St. Paul is a one year contract, which may automatically renew for a term of five years, and expires on September 30, 2019. Compensation payable to the City of Wylie, in Exhibit A, changes annually by determining the City of Wylie's current cost for fire service, and are defined in a mutually agreed upon calculation. Page 1 of 1 RESOLUTION NO. 2014-17(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 INTERLOCAL AGREEMENT BY AND BETWEEN THE TOWN OF ST. PAUL AND THE CITY OF WYLIE FOR FIRE PROTECTION SERVICES. 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 Interlocal Agreement by and between the Town of ST. PAUL and the City of WYLIE, Texas for Fire Protection Services, SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 22 day of July, 2014. ERIC HOGUE,Mayor ATTEST TO: CAROLE EHRLICH, City Secretary Resolution No.2014-17(R)—Interlocal Agreement for Fire Protection Services between the City of Wylie and the Town of St.Paul Page 1 of 1 INTERLOCAL AGREEMENT BETWEEN THE CITY OF WYLIE AND THE TOWN OF ST. PAUL FOR FIRE PROTECTION SERVICES This Interlocal Agreement for Fire Protection Services, effective as of the 1st day of October 2014 ( the "Effective Date"), by and between the City of Wylie, Collin County, Texas ("Wylie"), a Texas municipal corporation, acting herein by and through its Mayor as authorized by resolution of the Wylie City Council, and the Town of St. Paul, Collin County, Texas ("St. Paul"), a Type A General law city, acting herein by and through its Mayor as authorized by resolution of the St. Paul Town Council. WHEREAS, the City of Wylie Fire-Rescue ("W.F.R.") currently provides fire protection service within the corporate limits of St. Paul pursuant to a previous Interlocal Agreement Between City of Wylie and Town of St. Paul for Fire Protection Services entered into on October 1, 2013; and WHEREAS, St. Paul has expressed its desire for Wylie to continue providing such fire protection service to St. Paul and its citizens; and WHEREAS, Wylie and St. Paul mutually desire to be subject to and contract pursuant to the provisions of the Government Code, Chapter 791, the Interlocal Cooperation Act. NOW THEREFORE, in consideration of the following mutual promises and covenants, Wylie and St. Paul do hereby agree to the following: I. TERM The term of this Agreement begins October 1, 2014 and ends September 30, 2015 (the "Initial. Term"). Upon the completion of the Initial Term this Agreement will automatically renew for a term of five years; however, it may be terminated by either party in accordance with Section V., Termination below. II. SCOPE OF SERVICES Wylie agrees to be the primary provider of twenty-four (24) hour fire protection service to the corporate limits of St. Paul including, but not limited to, grass fires, structure fires, motor vehicle accidents, false alarms, and first response emergency medical and rescue services. Wylie agrees that the fire protection service provided to St. Paul by the Wylie Fire Rescue ("W.F.R.") will meet or exceed all equipment and service standards established by the Texas Commission on Fire Protection pursuant to its authority under Chapter 419, Texas Government Code. ILA Wylie and St.Paul(Fire Protection Services) 523269-1 4/23/13 I[I. PERFORMANCE OF SERVICES Fire protection service by Wylie shall not be arbitrarily withheld, but it is understood by the parties hereto that unforeseen irregular circumstances may arise which prevent Wylie from providing service at a particular time. Wylie shall restore such service with all reasonable speed to the same level which existed prior to such unforeseen irregular circumstances arising, if such should arise. Wylie agrees that it will not unreasonably withhold fire protection service, personnel, or equipment for the exclusive use of any person, group or city, and further agrees that if it is unable to provide fire protection service to St. Paul at any particular time, Wylie will use its best efforts to contact and secure fire protection service for St. Paul from an alternate or auxiliary fire protection service provider. Pursuant to this Agreement, Wylie may charge fees to any citizen of St. Paul using such fire protection services as may be provided for by ordinance of Wylie. Wylie agrees that the W.F.R. will provide St. Paul with copies of Texas Fire Incident Report system ("TXFIR") reports on all fires within St. Paul quarterly or as requested within reason by St. Paul. St. Paul shall be solely responsible for providing the W.F.R. with a current town map ("Town Map"), and updating the Town Map as necessary to reflect new residents or the addition of new territory into St. Paul. IV. COMPENSATION Until such time as this Agreement is terminated or modified by the parties in accordance with Paragraphs 12 or 13 below, St. Paul agrees to pay Wylie annually for providing fire protection service to St. Paul (the "Annual Fee"), which Wylie agrees is a reasonable fee for such fire protection service, according to Exhibit "A". St. Paul will be billed for the previous calendar year's call volume, and the Annual. Fee will be based on the previous year's personnel responses. Personnel response costs will adjust annually as Wylie's operating budget increases or decreases. Therefore, these personnel response fees will be adjusted annually and distributed as a new Exhibit to this contract each year. Exhibit "A" is attached and reflects 2013 call volume and costs. a) During the Initial Term of this Agreement, the Annual Fee will be paid in four equal installments on or about the first (1st) day of October, January, April, and July. ILA Wylie and St.Paul(Fire Protection Services) 523269-1 4/23/13 V. TERMINATION Either party may terminate this Agreement for any reason, with or without cause, by providing sixty (60) days written notice to the other party. In the event of such termination by either party, Wylie shall be compensated pro rata for all services performed to termination date, together with reimbursable expenses due and as authorized by this Agreement. In the event of such termination, should Wylie be overcompensated on a pro rata basis for all services performed to termination date, and/or be overcompensated reimbursable expenses as authorized by this Agreement, St. Paul shall be reimbursed for all such overcompensation. Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this Agreement. VI. IMMUNITY/INDEMNITY It is expressly understood and agreed that, in the execution of this Agreement, neither Wylie nor St. Paul waives, nor shall be deemed to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of their respective governmental powers and functions. It is understood and agreed by the parties hereto that if, for reasons stated in Section III above, Wylie does not furnish personnel and/or equipment for fire protection service outside of its corporate limits, although notified of the need for such service, that Wylie shall not be liable in damages or otherwise for the failure to furnish same provided Wylie used its best efforts to contact and secure fire protection service for St. Paul from an alternate or auxiliary fire protection service provider, and St. Paul enters into this Agreement with this understanding. St. Paul agrees that the acts of any person or persons dispatched by Wylie in response to a fire protection call, traveling to or from said calls, or in any manner furnishing fire protection service to St. Paul, outside the city limits of Wylie, shall be considered as the acts of agents of St. Paul in all respects, notwithstanding such person or persons may be regular employees, firemen or independent contractors of Wylie. St. Paul, to the extent allowed by law, shall defend, exempt, indemnify and hold harmless Wylie, its officers, agents, servants, representatives and/or employees of and from any and all claims, suits, actions, legal proceedings, demands, damages or judgments, including all expenses, attorney fees, witness fees, costs, and costs and expenses of appeals therefrom, arising out of the performance of this Agreement, including, but not limited to, the intentional or negligent acts and/or omissions of St. Paul, its officers, agents, servants, representatives and/or employees. This paragraph shall survive termination of this Agreement. ILA Wylie and St.Paul(Fire Protection Services) 523269-1 4/23/13 VI. ENTIRE AGREEMENT This Agreement represents the entire and integrated Agreement between Wylie and St. Paul and supersedes all prior negotiations, representations and/or Agreements, either written or oral. The Agreement may be amended only by written instrument signed by both Wylie and St. Paul. VII. GOVERNING LAW This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. The venue of any dispute or matter arising under this Agreement shall be in Collin County, Texas. XL SEVERABILITY In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. X. ADDITIONAL AGREEMENTS Wylie is not prohibited by this Agreement from entering into similar agreements with other governmental entities or political subdivisions. XI. AMENDMENTS/MODIFICATIONS This Agreement may be amended or modified by the mutual agreement of both parties in writing, to be attached to and incorporated herein as a part of this Agreement. XII. EXECUTION This Agreement may be executed in multiple originals. City of Wylie, Texas Mindy Manson, City Manager Date ILA Wylie and St.Paul(Fire Protection Services) 523269-1 4/23/13 Town of St. Paul, Texas Opie Walter, Mayor Date 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/she acknowledged to me he/she is the duly authorized representative for the CITY OF WYLIE, TEXAS, and he/she executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 2014. Notary Public in and for the State of Texas My Commission Expires: 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/she acknowledged to me he/she is the duly authorized representative for the ST. PAUL, TEXAS, and he/she executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 2014. Notary Public in and for the State of Texas My Commission Expires: ILA Wylie and St.Paul(Fire Protection Services) 523269-1 4/23/13 / Patit Town of St. Paul . Provided by the - lie Ex Fire Protection ServiceshibitA City of Wylie CITY OF WY1,IE 2014-201 5 Town of St. Paul First Responder Fees 2014-2015 2013 Grass Fires 5 Person Response 7oR 3 $ 2,220.60 Structure Firei 1$4 Pe6r,s2oin7R.6e8sponse Pe $ 6,217.68 First Responders 53 4 irs, 7n6Ae Response Sub-totals: Responses $ 6,661.80 $ 94,153.44 Total 2014-15 $ 107,032.92 Difference $ 3,089.29 4 Person Response Town of St. Paul First Responder Fees 2013-2014 First Responders 55 $ 98,144.20 2 Person Response Grass Fires $ 98,144.20 2012 Structure Firei 152 Pe5r,s7o9n9R.4e3sponse $ 5,799.43 Responses Total 2013-14 $ 103,943.63 Sub-totals: 1 „ . „ 17-•,\,'.,,,',,(-,1'',,',SYtViti'wcitit,„0„&c,,,,1,41,41.ivvr',0.k'. 4,, ,‘,/k„, .t.., 0 i.,,., „,, , J.*,.f......,,,..,..,„., ,„,„- s. ,.. , .‘, ,„,)),,,\).e'tettLeetriLLILLAte LL/1)&14 e 4) 4 L L 4) L 4 e,L, LLL,Leek,t t „LL L,„r 141 e tieff4ILL LI Vt4eekit'LL Lit) 4.),4),Lt' ' , -.0-,,;4',g,,,tc A,1,64',?st itiffilltrit'?"It: , {,.,1,'b..,•ti 4),0,,4y ik, 6 ,v,,,,1\, Al 444 i,4*0,i,,,,f,,,:,4,,k,,,,,,,h,..,,,,w4,,,0,1)'.6,-'0,,, , , 9 9 1199 11'9 9 f,'(,a1h1,,,,,o'w,,'40 t'ihroxi, 40,1 ',,,,,,om,,,,yvvi ,,•,,,treed tteL‘ILLet.)44'.Le), L4L, e L 4))401)1OLL Lt 4M4 tit L k 4' , 4 ett ' t 1 ' ' l''t At)'LLItt tn tL4(ts,4444,'fifkittirtleg ,',4,4.,,fyl,?,,,661S/16410,'1,,111,q'' f.N,Ikir IN,",1,19 9itii,viv ,',4 4 919 9;199)%)',99',.91 9'#,9;91 ' 9 9 , L—4 L i 747'1 Lta)ILL4){!Kele Vt4t4/L14,4411)'LI L' LL'LLLtkOkLe:11;L'Ltegt'31).LteLle'Lk))let,L,isi 41t,V))1)Ltit„,4V1744444')Iti?iitL,L))L,t)t,),,i))4LLt', 'L, et,,'4 1 I 11 L , , ',' LLL Le Lk L L,a,,,,i0,AqA,44/4,iottif,,,,r , ,j,,,,,,eteeLL'ILL 40 LL). e de 4 t te,'tkliLL)44,414,41014)44"Lf41)1 La'4 t Lk L 444'e't LL'k le t k ' .' 1 ' 44,'',.)4),4t"))4-'kte,',L 4 IL tle,'LLLtilt LatLLAILLSIL L t 1 LLLL,LeiLteet,L)Lye,'LeLL„Lt4Le 4 Le)e,e) t„'141 4 °IV)'LL—t4444144)44)Ay,4 nrg,gg ggn g g n, ,,'', , , , , ,,,, ,,1 g, ggng logi4gligs,ROgg*gl''g. g lel nnig*.gg,Ting ginggolgggn ns gi44,,g,kiie,44,4320,4,1, At,;(,44:,,`,./4 i,l,L',',:,, , i, , 1 '''"',''4,', f%'''','Jk"'''t'*''''','IliCtiOetkftct,O,' "c•i'V 014,16rAIN ft4,%,401100 3 t, i4,1441,4,14fit0401ktA,,,,it',40,j,,','''*'01,1' :''', 1 ,, ,,, ,%g.,n,,,,,s n fop,,,'''A, Osei,0,:im.‘, t,A 91., 9 rk k9,919;,,,;11, Ng a 41...,31,a , g II ig•mg,Atig 00 op.rgyge g g}I"gig ni',g,ag n, `g,A J,',, , 1 ,( Wylie City Council t �g .�.w fi AGENDA REPORT Meeting Date: July 22, 2014 Item Number: F Department: WEDC (City Secretary's Use Only) Prepared By: Gerry Harris Account Code: Date Prepared: June 26, 2014 Budgeted Amount: Exhibits: 4 Subject Accept and place on file the WEDC purchase of 1.245 acres located 400 South Highway 78. Recommendation The WEDC Board of Directors recommends the Wylie City Council accept and place on file the purchase of 1.245 acres located at 400 S. Highway 78 in the amount of$500,000, and further acknowledge that the WEDC will enter into debt in the amount of$400,000 as per the terms of the Real Estate Sales Contract. Discussion Attached for your review is a Real Estate Sales Contract between the WEDC and Jerry D. Buchanan and Carolyn R. Buchanan. The contract calls for the WEDC to purchase the 1.245 acres along with two structures of 10,350 square feet and 2,400 square feet. Exco Extrusion Dies (Texas) currently leases the property through January 31, 2015. with an option to extend the lease for an additional 12 months ending January 31, 2016. The Real Estate Sales Contract and Survey are provided as Attachments I & II respectively. Attachment III is an aerial depicting the Buchanan tract. Attachment IV is an aerial depicting the Buchanan tract along with other WEDC holdings in the area. The WEDC first began purchasing properties along Highway 78 as part of this redevelopment effort in 2006 (Wylie Printing to Starbucks). (Rev 01/2014) Page 1 of 1 REAL ESTATE SALES CONTRACT STATE OF TEXAS COUNTY OF COLLIN THIS REAL ESTATE SALES CONTRACT (this "Contract") is made by and between JE 'Y D. BUCHANAN AND CAROLYN R. BUCHANAN, 7210 Country Club Drive, Sachse, Texas 75048 ("Seller"), and WYLIE ECONOMIC DEVELOPMENT CORPO• • TION, 250 Highway 78 South, Wylie, Texas 75098 ("Purchaser"), upon the terms and conditions set forth herein. ARTICLE I 1.01. Seller hereby sells and agrees to convey by Special Warranty Deed (the "Deed"), and Purchaser hereby purchases and agrees to pay for, a tract of real estate, and any improvements located thereon, known as Abstract A0820, Samuel B. Shelby Survey, Tract 1, being a 1.246 acre tract located in the City of Wylie, Collin County, Texas, more fully described in the attached Exhibit A. Seller also sells and agrees to convey, and Purchaser hereby agrees to pay for, all and singular, the rights and appurtenances pertaining to the property, including any right, title and interest of Seller in and to adjacent streets,roads, alleys or rights-of-way, and including all rights to all oil, gas and other minerals, together with any improvements, fixtures, and personal property situated on and attached to the property (all of such real property, rights, and appurtenances being hereinafter collectively referred to as the "Property"), for the consideration and upon the terms and conditions hereinafter set forth(collectively,the "Transaction"). REAL ESTATE SALES CONTRACT-PAGE 1 #646483-V3 ARTICLE II PURCHASE PRICE Amount of Purchase Price 2.01. The purchase price for the Property shall be the sum of FIVE HUNDRED THOUSAND AND NO/100Ths DOLLARS ($500,000.00) (the "Purchase Price"), subject to prorations, closing costs, and any other adjustments provided for in this Contract. Payment of Purchase Price 2.02. The Purchase Price shall be payable in all cash at Closing (as defined in Section 4.01 below). As additional consideration for the sale and purchase of the Property, Purchaser further agrees to pay Seller at Closing the remaining rent that will be due under the terms of the Lease Agreement dated , 2013, by and between Seller as landlord and Exco Extrusion Dies (Texas), Inc., as tenant (the "Lease"),the terms of which are attached hereto as Exhibit B. The Lease shall be assigned by Seller to Purchaser at Closing. The Seller shall provide an estoppel certificate to Purchaser at Closing verifying, in part, that the Lease is current, there are no defaults, and none of the rent has been pre-paid. ARTICLE III CONDITIONS TO CLOSING Conditions to Purchaser's Obligations 3.01. The obligation of Purchaser hereunder to consummate the Transaction contemplated hereby is subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior to the Closing). REAL ESTATE SALES CONTRACT-PAGE 2 #646483-v3 Preliminary Title Commitment 3.02. Within fifteen (15) business days after the Effective Date of this Contract, Purchaser, at Purchaser's sole cost and expense, shall have caused Lawyers Title (D. Baron Cook), 250 Highway 78 South, Wylie, Texas 75098 (the "Title Company")to issue a preliminary title commitment (the "Title Commitment"), accompanied by true, correct and legible copies of all recorded documents relating to easements, rights-of-way, and any instruments referred to in the Title Commitment as constituting exceptions or restrictions upon the title of Seller (the "Title Documents"). Survey 3.03. Within fifteen (15) business days after the execution of this Contract, Seller shall, at Purchaser's sole cost and expense, obtain a current plat of survey ("Survey") of the Property, prepared by a duly licensed Texas land surveyor. The Survey shall be in a form acceptable to the Title Company in order to allow the Title Company to delete the survey exception (except as to "shortages in area") from the Owner's Title Policy to be issued by the Title Company. The Survey shall be staked on the ground, and the plat shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, flood plain as defined by the Federal Insurance Administration, easements, and rights-of-way on or adjacent to the Property and shall set forth the number of total gross square feet comprising the Property. Review Period 3.04. Purchaser shall have ten (10) days(the "Review Period") after Purchaser's receipt of the Survey (which shall be deemed to have been received by Purchaser on the fifteenth (15th) business day after the execution of this Contract if not actually received by Purchaser prior to said date), the Title Commitment and the Title Documents to review the same and deliver in REAL ESTAtE SALES CONTRACT-PAGE 3 #646483-v3 writing to Seller such objections as Purchaser may have to anything contained in them (the "Objection Notice"). In the event Purchaser states that any of the Survey, Title Commitment, Title Documents or any item therein contained, is not satisfactory, Purchaser may either: (a) terminate this Contract and have the Escrow Deposit (as defined in Section 6.01 below) forthwith returned to Purchaser(subject to the deductions provided in Section 3.05 below); or(b) conditionally accept title subject to Seller's removal of any matters contained in such Objection Notice within ten (10) days from receipt of such Objection Notice (the "Title Cure Period"), in which case Seller may elect, at its sole option, to use commercially reasonable efforts to remove or insure over such objectionable matters, but shall have no duty or obligation to remove or insure over any of such objectionable matters. If Seller cannot remove or insure over such matters before the expiration of the Title Cure Period, or if Seller elects not to remove or insure over any of Purchaser's objections, then at Purchaser's election within five (5) days following the expiration of the Title Cure Period, Purchaser may terminate this Contract and have the Escrow Deposit forthwith returned to Purchaser. Failure by Purchaser to terminate this Contract on or before five (5) days after the expiration of the Title Cure Period shall be deemed to be a waiver of all then uncured title objections which shall become Permitted Exceptions (as hereinafter defined). Purchaser hereby agrees that the lien for current taxes, and any items not objected to timely by Purchaser and the Lease shall hereinafter be deemed to be permitted exceptions (the "Permitted Exceptions") and Purchaser shall not be entitled to object to the status of title,the Survey or avoid the Closing on account of such Permitted Exceptions. Feasibility Period 3.05. Purchaser shall have sixty (60) days following the Effective Date of this Contract, within which to inspect the Property and determine if the same is suitable for Purchaser's REAL ESTATE SALES CONTRACT-PAGE 4 #646483-v3 intended use (the "Feasibility Period"). In the event Purchaser notifies Seller in writing on or before 5:00 p.m. on the last day of the Feasibility Period that Purchaser disapproves or is dissatisfied in any way with the Property, such determination to be made in Purchaser's sole and absolute discretion, then this Contract shall terminate and the Escrow Deposit heretofore delivered by Purchaser to Title Company shall be returned to Purchaser; provided however, that $100.00 of the Escrow Deposit paid to Seller as Independent Consideration (as defined in Section 6.01 below), together with the cost of the Survey, shall not be returned to Purchaser. In the event Purchaser fails to so notify Seller in writing prior to the expiration of the Feasibility Period of Purchaser's election to terminate this Contract, this Contract shall continue in full force and effect. Seller hereby grants to Purchaser during the Feasibility Period the right to enter upon the Property and conduct such tests as Purchaser deems necessary; provided that Purchaser shall indemnify, defend, and hold harmless Seller from all claims, actions or causes of action which might occur by virtue of Purchaser's entry upon or testing of the Property and provided further that Purchaser shall be responsible for all damages occasioned to the Property arising out of Purchaser's entry upon or testing of the Property. These obligations will survive the Closing or the cancellation or termination of this Contract. Notwithstanding the delivery of the above described studies and test, if any, Purchaser acknowledges that any information of any type which Purchaser has received or may receive from Seller, or its agents, is furnished to Purchaser as a courtesy only and on the express condition that Purchaser shall make an independent verification of the accuracy of such information, all such information is being furnished without any representation or warranty by Seller as to the truth, accuracy, or completeness of such information. REAL ESTATE SALES CONTRACT-PAGE 5 #646483-v3 Environmental Study 3.06. This Contract is contingent upon the Purchaser obtaining an environmental report, at the expense of Purchaser, that indicates no environmental problems with the Property, and is otherwise acceptable to the Purchaser. In the event an acceptable environmental report is not obtained by the Purchaser as provided herein, the Purchaser shall have the right to terminate this Contract prior to expiration of the Feasibility Period by written notice to the Seller and the Escrow Deposit (subject to the deductions provided in Section 3.05 above) shall be returned by the Title Company to the Purchaser. • 'TICLE IV CLOSING 4.01. The closing of the purchase and sale of the Property ("Closing") shall be at the offices of the Title Company, on or before thirty (30) days following the expiration of the Feasibility Period of this Contract (the date of Closing being herein referred to as the "Closing Date''). 4.02. At the Closing, Seller shall: (a) Deliver to Purchaser a duly executed and acknowledged Deed conveying good and indefeasible title in fee simple to all of the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following: (1) General real estate taxes for the year of Closing and subsequent years not yet due and payable; (2) The Permitted Exceptions; REAL ESTATE SALES CONTRACT-PAGE 6 #646483-v3 (3) Any other exceptions approved by Purchaser pursuant to this Contract or in writing; and / (4) Easements and restrictions of record. (b) Deliver to Purchaser, at Seller's sole with Seller bearing 50% and Purchaser bearing 50% of the cost and expense, a Texas Owner's Title Policy issued by the Title Company, in Purchaser's favor in the full amount of the Purchase Price, insuring Purchaser's fee simple title to the Property, subject only to those title exceptions listed in this Contract (including the Permitted Exceptions), such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy, and containing a survey exception deletion,if requested by Purchaser and at the expense of the Purchaser, except as to shortages in area; (c) Deliver to Purchaser an Assignment of the Lease; (d) Deliver to Purchaser possession of the Property subject to the Permitted Exceptions. 4.03. At the Closing,Purchaser shall: (a) Deliver to Seller and/or the Title Company the cash portion of the Purchase Price by cashier's check, wire transfer or otherwise in immediately available funds; (b) Deliver to Seller a certified resolution of the board of directors of Purchaser, which resolution will be in full force and effect, approving this Transaction and designating the person or persons authorized to sign documents on behalf of Purchaser; REAL ESTATE SALES CONTRACT-PAGE 7 #646483-v3 (c) Deliver to Seller and/or the Title Company such other documents as may be reasonably necessary or appropriate to consummate this Transaction in accordance with the terms of this Contract. 4.04. All state, county, and municipal taxes for the then current year relating to the Property shall be calculated as of the Closing Date and Seller's share shall be collected by Title Company at the Closing and remitted to the appropriate taxing jurisdictions in accordance with Section 26.11 of the Texas Property Tax Code. If there is any rollback tax liability for the real property portion of the Property, the Purchaser will assume the responsibility for those taxes. Purchaser does not waive any exemption or other exception it, or the Property, may have from rollback taxes pursuant to Texas Property Tax Code §23.55(f)or other applicable law. NOTICE REGA' I ING POSSIBLE LIABILITY FOR ADDITIONAL TAXES If for the current ad valorem tax year the taxable value of the Property that is the subject of this Contract is determined by a special appraisal method that allows for appraisal of the Property at less than its market value, Purchaser may not be allowed to qualify the Property for that special appraisal in a subsequent tax year and the Property may then be appraised at its full market value. In addition, the transfer of the Property or a subsequent change in the use of the Property may result in the imposition of an additional tax plus interest as a penalty for the transfer or the change in the use of the Property. The taxable value of the Property and the applicable method of appraisal for the current tax year is public information and may be obtained from the tax appraisal district established for the county in which the Property is located. 4.05. Each party shall pay any attorney's fees incurred by such party. Except as otherwise specifically provided in this Contract, all other costs and expenses of closing the sale and purchase of the Property shall be borne and paid by the Purchaser. REAL ESTATE SALES CONTRACT—PAGE 8 #646483-v3 ARTICLE V REAL ESTATE COMMISSIONS 5.01. In the event a broker commission is occasioned by the consummation of this Contract,the party retaining such broker shall be responsible for all real estate commissions with respect to that broker. • TICLE VI ESCROW DEPOSIT 6.01. Within three (3) business days following the full execution of this Contract and for the purpose of securing the performance of Purchaser under the terms and provisions of this Contract, Purchaser shall deliver to the Title Company, a check in the amount of$1,000.00 as an escrow deposit(the "Escrow Deposit") which shall apply toward the Purchase Price at Closing or as otherwise provided in Section 3.05. Purchaser agrees that $100.00 of the Escrow Deposit is given as consideration for the Contract ("Independent Consideration"), which Independent Consideration shall be applied to the Purchase Price at Closing, but shall not be returned to Purchaser in the event the Escrow Deposit is otherwise returned to Purchaser pursuant to the terms of this Contract. In the event Purchaser fails to timely deliver the Escrow Deposit to the Title Company, this Contract shall automatically terminate and be of no further force or effect and Seller shall be relieved from all liabilities or obligations hereunder. ARTICLE VII CASUALTY 7.01. All risks of loss to the Property shall remain upon Seller prior to the Closing. If a casualty occurs, Seller may, but shall not be obligated to, restore the Property to its condition immediately prior to the casualty, and if it does not so restore the Property, then Purchaser may REAL ESTATE SALES CONTRACT-PAGE 9 4646483-v3 accept the Property in its damaged condition without reduction in the Purchase Price or terminate this Contract and receive a refund of the Escrow Deposit less the Independent Consideration. ARTICLE VIII REP ' SENTATIONS 8.01. As a material inducement to the Purchaser to execute and perform its obligations under this Contract, the Seller hereby represents and warrants to the Purchaser as of the date of execution of this Contract and through the date of the Closing as follows: (a) Seller is the owner in fee simple of the Property subject to the Permitted Exceptions. The Property is not subject to any lease or other agreement that creates a right of ownership or possession to a third party except the Lease; (b) To Seller's current actual knowledge, there are no actions, suits, or proceedings (including condemnation) pending or threatened against the Property, at law or in equity or before any federal, state, municipal, or other government agency or instrumentality, domestic or foreign; (c) To the current actual knowledge of Seller, no part of the Property has been used for or as a landfill or toxic waste site or is in a wetlands protected area or FEMA flood plain as currently defined by federal law; (d) No consent or approval of any other person or entity is required in order for this Contract to be legal, valid and binding upon Seller except for any lender consent that will be obtained by Seller at or prior to Closing; (e) The execution and delivery of this Contract and the consummation of this Transaction shall not constitute a violation, breach or default by Seller of any term or provision of any other instrument of which Seller is a party or to which Seller or the Property may be REAL ESTATE SALES CONTRACT-PAGE 10 4646483-v3 subject except that this Transaction will require the consent of Seller's lender and a release of liens of record with respect to the Property which Seller will obtain at or prior to Closing; (f) Seller is not the subject of any bankruptcy, reorganization or insolvency proceeding. EXCEPT AS EXPRESSLY PROVIDED HEREIN, IT IS UNDERSTOOD AND AGREED THAT SELLER IS NOT MAKING ANY WA' ' TIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR REPRESENTATIONS AS TO MATTERS OF TITLE (OTHER THAN SELLER'S W ' ' TY OF TITLE SET FORTH IN THE SPECIAL WARRANTY DEED TO BE DELIVERED AT CLOSING), ZONING, TAX CONSEQUENCES, PHYSICAL OR ENVIRONMENTAL CONDITION, OPERATING HISTORY OR PROJECTIONS, VALUATION, GOVERNMENTAL APPROVALS, GOVERNMENTAL REGULATIONS OR ANY OTHER MATTER OR THING RELATING TO OR AFFECTING THE PROPERTY. PURCHASER AGREES THAT WITH RESPECT TO THE PROPERTY, PURCHASER HAS NOT RELIED UPON AND WILL NOT RELY UPON, EITHER DIRECTLY OR INDIRECTLY, ANY REPRESENTATION OR WARRANTY OF SELLER OR SELLER'S REPRESENTATIVES. PURCHASER WILL CONDUCT SUCH INSPECTIONS AND INVESTIGATIONS OF THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AND RELY UPON SAME, AND, UPON CLOSING, SHALL ASSUME THE RISK THAT ADVERSE MATTERS, INCLUDING, BUT NOT LIMITED TO, ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY PURCHASER'S INSPECTIONS AND INVESTIGATIONS. PURCHASER AGREES TO TAKE WHATEVER ACTION AND PERFORM WHATEVER INVESTIGATIONS AND STUDIES PURCHASER DEEMS NECESSARY TO SATISFY ITSELF AS TO THE CONDITION OF THE PROPERTY AND THE EXISTENCE OR NONEXISTENCE OF, OR CURATIVE ACTION TO BE TAKEN WITH RESPECT TO, ANY HAZARDOUS AND/OR TOXIC SUBSTANCES ON OR DISCHARGED FROM THE PROPERTY. PURCHASER ACKNOWLEDGES AND AGREES THAT UPON CLOSING SELLER SHALL SELL AND CONVEY TO PURCHASER AND PURCHASER SHALL ACCEPT THE PROPERTY "AS IS, WHERE IS", WITH ALL FAULTS AND THERE ARE NO ORAL OR WRITTEN AGREEMENTS, W " TIES OR REPRESENTATIONS, COLLATERAL TO OR AFFECTING THE PROPERTY BY SELLER OR ANY THIRD PARTY. FURTHER, PURCHASER HEREBY ACKNOWLEDGES TO SELLER THAT PURCHASER AND SELLER ARE NOT IN A SIGNIFICANTLY DISPARATE BARGAINING POSITION. THE TERMS AND CONDITIONS OF THIS PARAGRAPH SHALL EXPRESSLY SURVIVE THE CLOSING AND SHALL NOT BE MERGED THEREIN. REAL ESTATE SALES CONTRACT—PAGE 11 #646483-v3 8.02 As a material inducement to the Seller to execute and perform its obligations under this Contract, the Purchaser hereby represents and warrants to the Seller as of the date of execution of this Contract and through the date of the Closing as follows: (a) Purchaser is a development corporation duly organized, validly existing and in good standing under the laws of the State of Texas and has all the requisite power and authority to enter into, deliver and perform this Contract; (b) No consent or approval of any other person or entity is required in order for this Contract to be legal, valid and binding upon Purchaser; and the execution and delivery of this Contract and the consummation of this Transaction shall not constitute a violation, breach or default by Purchaser of any term or provision of any other instrument of which Purchaser is a party or to which Purchaser may be subject; (c) To Purchaser's current actual knowledge, there are no actions, suits, or proceedings pending or threatened against the Purchaser, at law or in equity or before any federal, state, municipal, or other government agency or instrumentality, domestic or foreign, and Purchaser has received no written notice of same. The Purchaser is not involved in any bankruptcy,reorganization or insolvency proceeding. ARTICLE IX BREACH BY SELLER 9.01. In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser's default, or pursuant to a right of termination expressly granted hereunder, Purchaser may terminate this Contract and obtain the return of the Escrow Deposit (subject to the deductions REAL ESTATE SALES CONTRACT-PAGE 12 #646483-v3 provided in Section 3.05) as liquidated damages or pursue specific performance, as its sole and exclusive remedies. • 'TICLE X BREACH BY PURC SER 10.01. In the event Purchaser should fail to consummate the purchase of the Property,the conditions to Purchaser's obligations set forth in this Contract having been satisfied, and Purchaser being in default and Seller not being in default hereunder, Seller may either (i) terminate this Contract and receive the Escrow Deposit as liquidated damages, or (ii) obtain specific performance, as its sole and exclusive remedies. ARTICLE XI MISCELL OUS Survival of Covenants (a) Any of the representations, warranties, covenants and agreements of the parties, as well as any rights and benefits of the parties, shall survive the Closing for a period of one (1) year (or such longer period of time as may be expressly contemplated by this Contract in the specific instance) and shall not be merged therein. Notice (b) Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to the Seller or the Purchaser, as the case may be, at the address set forth herein above. REAL ESTATE SALES CONTRACT-PAGE 13 #646483-v3 Texas Law to Apply (c) This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Collin County,Texas. Parties Bound (d) This Contract shall be binding upon and inure to he benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns. This Contract is not assi yo able by the Purchaser without the prior written consent of the Seller. 41 Nondisclosure •° (e) " Legal Construction (f) In case any one or more of the provisions contained in this Contract 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 hereof, and this Contract shall be construed as if such invalid,illegal, or unenforceable provision had never been contained herein. Integration (g) This Contract constitutes the sole and only agreement of the parties hereto and supersedes any prior understanding or written or oral agreements between the parties respecting REAL ESTATE SALES CONTRACT-PAGE 14 #646483-v3 the within subject matter. This Contract cannot be modified or changed except by the written consent of all of the parties. Time of Essence (h) Time is of the essence of this Contract. Attorney's Fees (i) Any party to this Contract which is the prevailing party in any legal proceeding against any other party to this Contract brought under or with relation to this Contract or Transaction shall be additionally entitled to recover court costs and reasonable attorneys' fees from the non-prevailing party. Gender and Number (j) Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. Compliance (k) In accordance with the requirements of Section 28 of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtains a policy of title insurance. Effective Date of Contract (1) The term "effective date of this Contract" as used herein shall mean the later of the two (2) dates on which this Contract is fully signed by Seller or Purchaser, as indicated by their signatures below, which later date shall be the date of final execution and agreement by the parties. [SIGNATU' PAGE FOLLOWS] REAL ESTATE SALES CONTRACT-PAGE 15 4646483-v3 Executed on the dates set fo t th signs . ies hereto, RRY .,*.,. BUC NAN ° C 'OLYN R. :HCHANAN Date of Execution: L ESTATE SALES CONTRACT-PAGEE 3- IC DEVELOP IrNT (:0111)()RA'11()N B : Name: .z ' I7af ec utIon 4 ' REAL ESTATE SALES ONT A -PAGE 17 q 6 The Title Company acknowledges receipt of the executed Contract and EscrowDeposit on l , at : (a. ./ accepted a Escrow Deposit subject to t e te s and conditionsforth in this . ; t TITLE COMPANY: LAWYERS ITL BY: PRINTED NAME: ( ADDRESS: cle l ortc. - EAL ESTATE SALES CONTRACT-PAGE I a 83-v3 E IBIT A Legal Description Being a tract of land situated in the S.B. Shelby Survey,Abstract No. 820,Collin County,Texas and being a portion of the land described in a deed to Mary Genene Hughes,recorded in Volume 3997, Page 0865, Deed Records of Collin County, Texas (DRCCT) and being a portion of the land described in a deed to James L. Hughes as recorded in cc# 2006-0201000135790, Land Records of Collin County, Texas and being more particularly described as follows: Commencing from a 1/2 inch iron rod set with a red plastic cap stamped W.A.I. in the southerly right of way of the St. Louis Southwestern Railroad (100 foot right of way) and the most northwestern corner a tract of land described in a deed as Lot 7,Railroad Industrial Park,Cabinet C, Page 748, DRCCT, said 1/2 iron rod being the beginning of a curve to the right,with a radius of 1906.58 feet, a chord bearing of South 58 degrees 47 minutes 20 seconds East, and a chord length of 180.47 feet. THENCE, along said curve to the right, through a central angle of 05 degrees 25 degrees 24 minutes, with an arc length of 180.47 feet to 1/2 inch iron rod set with a plastic red cap stamped with W.A.I. for BEGINNING; THENCE, departing said St. Louis Railroad, South 37 degrees 07 minutes 11 seconds East, a distance of 311.36 feet to a 1 /2-inch iron rod set for corner; THENCE, South 52 degrees 51 minutes 16 seconds West,a distance of 188.87 feet to a point for corner; THENCE North 36 degrees 33 minutes 52 seconds West a distance of 60.55 feet to the beginning of a curve to the left with a radius of 175.00 feet a chord bearing of North 44 degrees 50 minutes 28 seconds West and a chord length of 50.38 feet; CONTINUING along said curve to the left through a central angle of 16 degrees 33 minutes 13 seconds with an arc length of 50.56; THENCE, along the westerly line of a tract of land described in a deed as Wylie Economic Development Corp,recorded in Volume 4572,Page 3563,DRCCT,North 17 degrees 41 minutes 46 seconds West, a distance of 235.81 feet to a 1/2 inch iron rod set with a plastic red cap stamped with W.A.I. for the beginning of a curve to the left with a radius 1906.58 feet, with a chord bearing of North 63 degrees 16 minutes 58 seconds East, and a chord length of 118.59 feet; THENCE, along the southerly line of said St. Louis Railroad, continuing said curve to the left, through a central angle of 03 degrees 33 minutes 52 seconds and an arc length 118.61 feet to POINT OF BEGINNING. REAL ESTATE SALES CONTRACT-PAGE 19 #646483-v3 E IBIT B Lease LEASE AGREEMENT This Lease Agreement (the "Lease"), is entered into and effective as of ___,between Jerry Buchanan(the"Landlord"or"Lessor"),and Exco Extrusion Dies(Texas),Inc.(the"Tenant"or"Lessee")upon the terms and conditions listed below. 1.Description of the Property. The Landlord owns a building located at the address set forth in Section 2. Landlord leases to Tenant and Tenant rents from Landlord a leasehold in the building located at the address set forth in Section 2 and also known as ABS A0820 Samuel B. Shelby Survey, Tract 71, 1.246 Acres, Collin County, Texas, Account Number R682000007101 with Collin County Tax Assessor comprised of approximately 10,800 square feet of production/office space and 2,000 square feet of storage/warehouse space(the"Property"). In conjunction with its use of the Property,the Tenant shall have the right to use parking spaces at the Property. 2.Basic Lease Provisions. The basic Lease provisions are stated below and further explained in the Lease: LESSOR: Mr.Jerry Buchanan 7210 Country Club Drive Sachse,TX 75048 LESSEE: Exco Extrusion Dies(Texas),Inc. South 400 Highway 78 Wylie,Texas 75908 PROPERTY: South 400 Highway 78 Wylie,Texas 75908 TERM: Twenty-four(24)months beginning February 1,2013 and ending January 31,2015. RENTAL RATE; Monthly Rate:$5,000.00(USD)per month,plus all utilities and water, separately metered for the Property,and Property taxes as set forth in Section 5 below. The rent is payable on the 1"of each month,which shall be for that month. Lessee may extend the Lease For an additional twelve(12)months at $5,000.00(USD)per month,plus all utilities and water,separately metered for the Property,and Property taxes as set forth in Section 5 below. 3.Term. This Lease shall be for a term of twenty-four(24)months commencing on February 1, 2013 (the "Commencement Date") and ending on January 31, 2015 (the "Initial Term"). Lessor's Initials 1; Lessees Initials 8746125v.2 REAL ESTATE SALES CONTRACT—PAGE 20 #646483-v3 Tenant shall have the right to possession and occupy the Property as of January I I, 2013,with rent to commence on February 1,2013, Provided that Tenant is not in Default under this Lease at the end of the Initial Term, Tenant shall have the right to renew the term of this Lease for an additional twelve(12)months commencing on February 1,2015 and ending on January 31,2016 (the "Optional Term"). The word "Term" as used in this Lease shall include the Initial Term and Optional Term, 4. Rent. Tenant shall pay to Landlord as rent the sum of$5,000.00 per month payable on the first day of each month during the term of this Lease. All rent shall be paid to Landlord at the address set forth above or at such other address as Landlord may designate in writing. It is understood that the rental is payable on or before the first day of each calendar month during the Term hereof, without offset or deduction of any nature. In the event that Tenant shall fail to pay any amount due from it to Landlord under this Lease when that amount shall be due, a one-time late charge of 1.0% of the rent due shall be assessed if the rent due is not paid by the 10th day after the monthly due date. The Optional Term shall be on the same terms and conditions as contained in this Lease; except that the Rent during the Optional Term shall be at a negotiated rate not to exceed$5,000.00 (USD)per month. 5.Taxes. Tenant shall pay or cause to be paid the real property ad valorem taxes levied against the Property.Tenant shall pay all personal property taxes assessed against any personal property owned by Tenant on the Property. The taxes payable by Tenant under this paragraph shall be limited to the taxes assessed against solely the Property and payable for periods during the Term of this Lease and nothing hereunder shall require Tenant to pay any taxes for periods beyond the expiration or termination of this Lease. In addition, federal or state income, franchise, or estate taxes shall remain the sole responsibility of Landlord 6.Maintenance and Repair. Tenant,at its expense,shall be responsible for the maintenance of the Property and agrees to, in a timely manner, maintain, repair and keep the Property in good condition and repair,including without limitation,to preclude inclement weather from the interior of the Property leased and keep the electrical system in good working order. Landlord, at its expense, shall be responsible for maintaining the outside landscaping and lawn cutting. Tenant shall be responsible for any maintenance on any of Tenant's personal property located at the Property. Tenant agrees to keep and maintain the Property in good order and in a neat and clean condition, including general cleaning, routine maintenance and upkeep, and, at its expense, to provide for customary janitorial services. If any damage to the Property or the building located on the Property results from any act or negligence of Tenant or Tenant's agent's,employees or invitees, Tenant shall be required,at Tenant's expense,to repair same. Landlord, after receiving written notice from the Tenant and having reasonable opportunity Lessor's Initials 2 Lessee's Initials 8746I25v.2 RF.AI ESTATE SALES CON 1'IZACI—PAGE 21 #646483-v3 thereafter to obtain the necessary workmen therefor,shall keep in good order and repair the roof, and the four outer walls of the Property but not the doors,door frames,the window glass,window casings, window frames, windows or any of the appliances or appurtenances of said doors or window casings, window frames and windows,or any attachment thereto or attachments to said building or Property used in connection therewith,provided such repairs are not occasioned by the act or neglect of Tenant,its agents,employees or invitees. Upon termination of this Lease. Tenant will .surrender the Property to Landlord in as good condition as the date of Tenant's initial possession hereunder,excepting however,reasonable wear and tear,depreciation,acts of God, the elements and all other matters beyond Tenant's control or for which Tenant is not responsible under this Lease. 7.Utilities. Tenant, at its expense, shall be responsible for the payment of the electricity,gas, sewage and water usage at the Property,if separately metered for the Property,during the term of the Lease. The Tenant, at its expense, shall be responsible for the payment of any phone or internet usage costs at the Property. 8.Indemnification and Insurance. (a) Tenant shall: (i) Indemnify Landlord and its agents and save them harmless from and against any and all claims, actions,damages, liability, and expense, including attorney's fees and costs in all proceedings, in connection with loss of life,_personal injury, or damage to property occurring in or about the Property, if caused by the negligence or intentional or wrongful misconduct of Tenant, its agents or employees. The foregoing indemnity shall survive the expiration of any earlier termination of this Lease. (ii) At all times during the Term hereof, keep in force, at its own expense, comprehensive public liability insurance in companies rated "A" or"A-"or better by AM Best and naming as additional insureds Landlord and any Mortgagee and Management Company,with minimum single limits of$1,000,000.00 on account of bodily injuries to or death of any person and$500,000.00 on account of damage to Property. (iii) At all times during the Term hereof, keep in force, at its own expense, comprehensive fire insurance with extended coverage, vandalism,and malicious mischief with companies acceptable to Landlord, in an amount not less than one hundred per cent (100%)of the "replacement costs"thereof as such term is defined in the State of Texas Insurance code or laws of Tenant's betterments and improvements to the Property, and naming Landlord and any Mortgagee and Management Company of which Tenant has actual notice as an additional insured. (iv) At its expense during the Term hereof,be responsible for any payment of any insurance on any of Tenant's personal property located at the Property. Tenant shall insure all merchandise and equipment belonging to Tenant located at the Property. To the Lessor's Initials 3 3 Lessee's Initials 8746125 v.2 REAL,ESTATE SALES CONTRACT—PAGE 22 #646483-v3 extent Tenant has employees at the Property,Tenant shall provide Landlord with proof of Workers Compensation Insurance for such employees. (v) Furnish to Landlord,within ten(10)days prior to the Commencement Date or, if earlier,the date that Tenant takes possession of the Property),and thereafter within ten (10)days after written request by Landlord at any lime and from time to time,copies of certificate(s)of insurance evidencing coverage required by this Lease. All policies required hereunder shall contain an endorsement providing that the insurer will not cancel or materially change the coverage of such policies without first giving thirty(30)days prior written notice thereof to Landlord and each named Mortgagee and Management Company. (b) Landlord will purchase fire and extended coverage insurance on the Property in amounts and types of coverage Landlord reasonably deems commercially appropriate. Tenant shall reimburse Landlord for such insurance for the Property. (c) Except to the extent that waiver of subrogation may invalidate or limit a party's insurance coverage,each party hereby waives its rights of subrogation against the other party,its employees, agents,officers,and directors,with respect to all liability,whether for negligence or otherwise,in connection with any loss covered by any insurance policies which such party carries with respect to the Property or any interest or property therein or thereon(whether or not such insurance is required to be carried under this Lease). The parties agree that their fire and extended insurance coverage policies shall not be prejudiced if the insured has waived its right of recovery from any person or persons prior to the date and time of loss or damage,if any provided that same is available at commercially reasonable costs. 9. Permitted Use. Tenant shall use and occupy the Property consistent with its business of manufacturing of extrusion dies and other machine shop uses("Permitted Use"). Tenant shall not intentionally and knowingly use the Property for any purpose or in any manner in violation of any law,ordinance,rule or regulation adopted or imposed by any governmental agency. 10. Limitation of Liability. No owner,principal, or officer of Tenant shall not be personally liable for any judgment or deficiency._Except as otherwise provided herein,before filing suit for an alleged default by Tenant,Landlord shall give Tenant notice and reasonable time to cure the alleged default. Both parties hereby waive all claims against the other party for consequential, special, indirect or punitive damages allegedly suffered by such party, including lost profits and business interruption. Tenant may not commit or softer to be committed, any waste on the Property;or use of the Property for any unlawful purpose. Tenant shall occupy and maintain the Property free of environmental contamination,toxic waste or pollution that are in violation of EPA, OSHA and/or other applicable federal and state environmental laws. Tenant shall occupy the Property and conduct its business in compliance with all federal and state statutes, ordinances and regulations which have as their object the protection of human health or the environment. Lessor's Initials 4 Lessee's Initials 8746125v.2 ... REAL ESTATE SALES CONTRACT—PAGE 23 #646483-v3 Tenant shall not generate,treat,store,dispose, spill, release, deposit or transport any Hazardous Materials to or from the Property other than in the ordinary course of business. Tenant shall not use, store or bring any Hazardous Materials onto the Property during the term of the Lease, including any renewals,other than in the ordinary course of business.Notwithstanding anything to the contrary expressed or implied,Tenant shall be responsible only for any damages for,and costs of clean up or remediation of, Hazardous Materials generated,treated,stored, disposed, spilled, released,deposited or transported to or from the Property after the date of this Lease by Tenant. Except as otherwise provided in this Lease, Tenant has not received any warranties or representations From Landlord as to the soil,the groundwater or the potable water that may exist on the Property. Tenant shall not, without Landlord's prior written consent, which shall not be unreasonably withheld, perform any act or fail to perform any act,keep anything with the Property or use the Property for any purpose that increases the insurance premium costs or invalidates any insurance policy canied on the Property or on other parts of the building comprising a portion of the Property: If Landlord does give written consent to the Tenant pursuant to the above,then Tenant shall be liable, as its sole cost and expense, for the amount of any increase in the insurance premium cost resulting from such act of omission to which Landlord has consented. "Hazardous Materials" means (i)any "hazardous waste" as defined by RCRA, and regulations promulgated thereunder;(ii)any "hazardous substance"as defined byCERCLA, and regulations promulgated thereunder; (iii) any toxic substance as defined under or regulated by the Toxic Substances Control Act, (iv) asbestos, polychlorinated biphenyls, radon, or explosive or radioactive materials; (v) underground and above ground storage tanks, whether empty, filled or partially filled with any substance, including without limitation any petroleum product or any other "hazardous_substance''; (vi) any substance the presence of which on the Property is prohibited,by an Governmental Requirements; and (vii) any other substance which by any Governmental Requirements requires special handling or notification of any federal,state,or local governmental entity in its collection,storage,treatment,or disposal. "Governmental Requirements" means any and all laws, statutes, ordiances, rules, regulations, orders, or determination of any governmental authority, whether federal, state, county, city, or otherwise,pertaining to health, safety,or the environment in effect in any and all jurisdictions in which Landlord conducts business or where the Property is located, including without limitation; (i)the Resource Conservation_and Recovery Act of 1976 (42 U.S:C: §6901 et seq.).,as amended from time to time including without limitation as amended by the Used Oil Recycling Act of 1980,the Solid Waste Disposal Act Amendments`of 1989, and the Hazardous and Solid Waste Amendments of 1984("RCRA"),and regulations promulgated thereunder;(ii)the Comprehensive Environmental Response,Compensation and Liability Act of 1980 (42 U.S.C.§9601 et seq.),as amended from time to time, including without limitation as amended by the Supertiind Amendments and Reauthorization Act of 1986 ("CFRCLA"), and regulations promulgated thereunder;(iii)the Toxic Substance Control Act(15 U.S.C. §2601 et seq.).as amended from time to time; (iv)the Americans with Disabilities Act of 1990(42 U.S.C.§12101 et.seq.),as amended Lessor's Initials _ 5 Lessee's Initials R746125v,2 REAL ESTATE SALES CONTRACT—PAGE 24 #646483-v3 from time to time("ADA");and all regulations and guidelines promulgated pursuant to the ADA, and all other similar laws, including without limitation the Architectural Barriers Act of 1968,the Texas Architectural Barriers Statute of 1978,and the Fair I-lousing Amendments Act of 1988,and all as amended from time to time and including regulations promulgated pursuant to any one or more of them;(v)the Endangered Species Act(15 U;S:C.§1531 et seq.),as amended from time to time; (vi) laws, statutes, ordinances, rules, regulations, orders or determinations relating to "wetlands",including without limitation those set forth in the Clean Water Act(33 U.S.C. §125I' et seq.); as amended from time to time; (vii)the Texas Water Code, as amended from time to time; (viii) the Texas Solid Waste Disposal Act ('1'EX, HEALTH & SAFETY CODE ANN, §§ 361.001-361.345),as amended from time to time. 11. Landlord's non-liability. Except as provided in Section 16, Landlord shall not be responsible or liable for any loss or damage to any property or person on the Property'occasioned by theft, fire, acts of God, public enemy, injunction, riot, strike, insurrection, court order, requisition or order of governmental authority or any other matter beyond Landlord's control. 12. Subletting or Assignments: Tenant shall not assign this Lease, in whole or in part or sublet the Property or any part thereof,without the prior written consent of Landlord,except that Tenant may assign or sublet to any of Tenant's parent company(ies),or sister companies. In the event of any subletting or assignment,the Tenant shall remain primarily liable to Landlord, 13. Assignment of Landlord's Interest. Landlord shall have the right to assign,or transfer in whole or in part, every feature of Landlord's right and obligation hereunder and in the Property, subject to this Lease. Such assignments or transfers may be made to a corporation, state or national banking association trust, company, individual or group of individuals, and however made, shall be in all things respected and recognized by Tenant. Tenant shall not,however, be charged with notice,actual or constructive,of or with inquiry and respect to,any such assignment or transfer until,Tenant is furnished with a written notice of such transfer or assignment by Landlord. In the event of any sale or other transfer of Landlord's right to,title and interest in the Property or the building located on the Property, or in the Lease, Landlord shall be,except as provided in Section 16,-entirely"freed and relieved of all liability under any and all of its covenants and obligations contained in or derived from this Lease arising out of any act,occurrence or omission occurring after the consummation of such sale or transfer; conditioned upon such purchaser, transferee or successor in interest agreeing in writing,to assume and carry out any and all of the covenants and obligations of the Landlord under this Lease. In the event of any sale or other transfer of Landlord's right to, title and interest in the Property or the building located on the Property, or in the Lease, such purchaser, transferee or successor in interest shall be deemed without further agreement between the parties or their successors in interest to have assumed and agreed to carry out any and all of the covenants and obligations of the Landlord under this Lease. In the event of any such transfer,assignment or sale pursuant to this paragraph,the Tenant agrees to be bound to and attorn to such transferee or purchaser as if such transferee or purchaser were the original landlord hereunder. Lessor's Initials _ 6 Lessee's Initials ,uMa,n 8746t25v.2 REAL ESTATE SALES CONTRACT—PAGE 25 #646483-v3 14. Landlord's Mortgages. To the extent hereinafter provided,this Lease is and shall always be subject to any mortgages which are now validly existing, or which may at anytime hereafter be placed,on the Property or on the real property and any improvements thereon, and Tenant agrees to execute and deliver any instrument within reason deemed reasonably necessary to effect the subordination of this Lease to any such mortgage to such extent,being any instrument reasonably required by the mortgagee or the proposed mortgagee including (i) a Non-Disturbance, Attomment and Subordination Agreement;and(ii)a Tenant Estoppel Letter. Notwithstanding the foregoing, however, so long as Tenant is not in default in any material term of this Lease,no action under or pursuant to any mortgage or mortgages or liens,including any foreclosure,shall adversely aftect this Lease or the rights of Tenant to continue in possession of the Property, subject to the terms of this Lease, which shall be binding on Tenant and any successor owner pursuant to this Section 12 during the Term.Any mortgagee,lender or lien holder that may affect the Tenant's right of possession under this Lease shall agree in writing that the mortgagee,lender or lien holder wilt not disturb Tenant's peaceable possession and quite enjoyment upon any foreclosure.To the extent that the documentation of the lender providing permanent financing for the building so provides,this Lease is subject to and conditioned upon the approval of this Lease by such lender. 15. Acceptance of Premises. Landlord represents and warrants to Tenant that as of the Commencement Date,(i) the Property shall be in good and clean operating condition and repair, (ii) the electrical, mechanical, HVAC, plumbing, sewer, elevator and other systems serving the Property will be in good operating condition and repair, (iii) the roof of the budding on the Property will be in good condition and water tight, (iv) to Landlord's current actual knowledge, the Property and the building are in compliance with municipal, state and federal statutes, rules, regulations,ordinances, requirements and orders now in effect pertaining to conditions existing prior to Tenant's Lease commencement,including without limitation,all applicable statutes,rules, regulations, ordinances, requirements or orders requiring installation of fire sprinkler systems, seismic reinforcement and related alterations,removal of asbestos,and compliance with ADA and fire/safety, and (v) the Property and building are zoned appropriately for Tenant's proposed use. There are no deed restrictions, covenants or other matters affecting title to the Property that prohibit or restrict the right of Tenant to use the Property for the Permitted Use or that would otherwise materially increase Tenant's obligations or materially decrease Tenant's rights under this Lease. The occupancy by Tenant of the Property constitutes an acknowledgment by Tenant that the Property is then in the condition called for by this Lease. l6. Pre-Term Environmental Matters. (a) With respect to the Property, Landlord,represents, warrants and acknowledges that a machine shop operated of Forty (40) years on the Property prior to Tenant's possession of the Property. Landlord further represents and warrants that the Property is not contaminated with and does not contain any Hazardous Materials. Landlord further represents and warrants that the Property contains no underground storage tanks or underground storage tank systems. Landlord further Lessor's Initials 7 Lessee's Initials 8746t25v,2 REAL ESTATE SALES CONTRACT-PAGE 26 #646483-v3 represents and warrants that the Property has never been and is not currently used for the treatment,storage,or disposal of Hazardous Materials: Landlord further represents and warrants that the Property has never been and is not currently used for the generation of Hazardous Materials in violation of any Governmental Requirements. Landlord will indemnify and hold harmless Tenant, its directors,officers,employees,and agents; and any assignees,subtenants,or successors to Tenant's interest in the Property from and against any losses,_claims, damages, penalties; fines, injuries, environmental remedial, cleanup and closure obligations,and liability, including reasonable out-of-pocket litigation costs (including attorney's fees) and other proceedings and costs and expenses, arising out of or in any way connected with (I) the use,'generation, storage, release, threatened release,'or disposal of Hazardous Materials by any person on, under,above,or in the Property prior to possession of the Property by Tenant. This shall include, but is not limited to any investigation, inquiry, order, hearing,action or other proceedings by or before any governmental bodies in connection with the presence of Hazardous,Materials on, under, or in the Property; and (2) the failure of any representation or warranty by Landlord related to environmental conditions at the Property contained in this Lease to be true and correct in all respects. Tenant assumes no liability for any Environmental Activity occurring on the Property before February 1, 2013. For the purposes of this section"Environmental Activity"means use, storage, holding,existence, release, emission, discharge, generation, production, processing, abatement, removal, disposition, handling or transportation of any Hazardous Material from, to, upon, in, under or above the Property or otherwise relating to the Property. (b) Prior to execution of this Lease, Landlord represents and warrants that it has furnished to Tenant all environmental reports ever obtained by or on behalf of Landlord,and if no such reports are produced that none-exist: At Landlord's expense, Tenant will perform a Phase I Environmental Report on the Property. Should the Tenant's investigation or review of the environmental reports reveal Recognized Environmental Conditions (RECs) or Suspect Environmental Conditions(SECs),Tenant shall have the right to perform any other necessary due diligence activities to determine the materiality of said RECs or SECs and prepare any necessary documents to protect itself from liability under State of Texas and/or Federal statutes. (c) The provisions of this Lease relating to environmental matters shall survive the expiration or termination of this Lease. 17. Damage or Destruction. If,during the Term of this Lease,the Property shall be partially or totally destroyed by fire or other casualty covered by insurance so as to become partially or totally untenantahle, the same shall be repaired as promptly as possible with the insurance proceeds unless this Lease is terminated. In the event of damage or destruction, if this Lease is not terminated,the rent shall be abated proportionately to the loss of use suffered by the Tenant. If, during the 'Fenn of this Lease, the Properly shall be partially or totally destroyed by"fire or other casualty, and the cost of restoring the Property to its condition prior to the damage shall equal or exceed 40 percent of its fair replacement value immediately prior to the damage,or it'the Lessor's Initials 8 Lessee's Initials __ _,__ 8746125v;2 � REAL ESTATE SALES CONTRACT—PAGE 27 #646483-v3 Property;is damaged by any casualty not insured against by the landlord,either party shall have the right to terminate this Lease by giving the other party written notice of its election to do so within 30 days after the date on which the damage occurs.Upon the giving of notice,the I case shall terminate as of the date on which damage occurred and the rent shall be adjusted to that date. If no written notice by either party,this Lease shall continue and the Landlord shall cause the Property to be repaired or restored with due diligence. Tenant assumes no obligation to replace any part of the Property that may reach the end of its useful life during the term of the Lease specifically including, without limitation, any HVAC equipment,the root; any wells,cisterns, any septic system or related equipment,the driveway or parking lot,or any part of the Property to which Tenant does not have exclusive use. It is understood that the obligation of Landlord to repair the damage and restore the Property to substantially the same condition in which they were immediately prior to the occurrence of the casualty is limited to the repair and restoration of the building comprising the Property,including its structural elements. and Landlord shall have no obligation to restore or repair or replace the contents of the building comprising the property belonging to,possessed or held by Tenant„or any of Tenant's trade fixtures or other property or contents of the building comprising the Property,,, 18. Condemnation. If the whole or any part of the Property shall be taken by any public authority under the power of eminent domain, then the Term of this Lease shall cease on that part to be taken from the day the possession is acquired by the public authority,and the rent shall be paid up to that date. If the portion of the Property taken substantially impairs the usefulness of the Property for the purpose for which the Property was leased,Tenant shall have the right either to terminate this Lease or to continue in the possession of the remainder of the Property under the terms and conditions of this Lease except that the rentals shall be reduced in proportion to the amount of the Property taken, and in the latter event, Landlord shall promptly restore the remainder to a reasonably tenantable condition. Any and all proceeds resulting from a taking in whole or in part of the Property under the power of eminent domain or condemnation shall be paid directly to Landlord and shall be Landlord's property, 19. Alterations. No improvements, alterations, additions, or physical changes (collectively "Alterations") shall be made to the Property by Tenant without the prior written consent of Landlord. All Alterations,but not moveable equipment and trade fixtures,put in at the expense of Tenant shall be the property of Landlord and shall remain upon and be surrendered with the Property at the termination of the Lease: Notwithstanding the foregoing, Tenant may make Alterations without obtaining Landlord's prior written consent and without payment of any additional fees,provided that Tenant gives Landlord reasonable prior written notice of same and further provided that such Alterations (1) are purely cosmetic in nature (including painting, carpeting and the installation of floor covering or wall covering), (2) will not constitute or give rise to a design or structure problem, (3) cost less than Ten Thousand Dollars ($10,000) in the aggregate in any one instance, (4)do not require a governmental permit of any kind, and (5) reasonably appropriate mechanic and materialmen lien waivers are obtained naming both the Tenant and Landlord as beneficiaries from the contractor and all applicable subcontractors to Lessor's Initials 9 Lessee's Initials v, N,.. 13746125v2 REAL ESTATE SALES CONTRACT—PAGE 28 /1646483-v3 whom payment is to be made with respect to all work, material, supplies and equipment to the Property prior to such payment being made for such work,material supplies and equipment. 20. Remedies and Default. The following events shall he deemed to be events of default by Tenant under this Lease: (1) Tenant shall fail to pay any installment of rent hereby reserved and such failure shall continue for a period of ten(10)days. (2) Tenant shall fail to comply with any material term,provision or covenant of this Lease,other than the payment of rent,and shall not cure such failure within thirty(30) days after written notice thereof to Tenant. (3) Tenant shall become insolvent,as defined in the National Bankruptcy Act, or shall make a transfer in fraud of creditors,or shall make an assignment for the benefit of creditors. (4) Tenant shall tile a petition under any section or chapter of the National Bankruptcy Act, as amended, or under any similar law or statute of the United States or any State thereof; or Tenant shall be adjudged bankrupt or insolvent in proceedings filed against Tenant thereunder. (5) A receiver or trustee shall be appointed for all or substantially all of the assets of Tenant. Upon the occurrence of any of the events of default, Landlord shall have the option to pursue any one or more of the following remedies: A. Terminate this Lease, in which event Tenant shall immediately surrender the Property to Landlord, and if Tenant fails to do so,Landlord may,without prejudice to any other remedy which Landlord may have for possession or arrearage in rent,enter upon and take possession of the Property and expel or remove Tenant and any other person who may be occupying said Property or any part thereof,and relet the Property and receive the rent therefor; and Tenant agrees to pay to Landlord on demand any deficiency that may arise by reason of such reletting. B. Enter upon the Property and do whatever Tenant is obligated to do under the terms of this Lease; and Tenant agrees to reimburse Landlord on demand for any reasonable expenses which Landlord may incur in thus effecting compliance with Tenant's material obligations under this Lease,and Tenant further agrees that Landlord shall not be liable for any damages, resulting to the Tenant from such action, unless caused by the gross negligence or intentional acts of'Landlord. Pursuit of any of the foregoing remedies shall not preclude pursuit of any of the other remedies I.essor's Initials 10 Lessee's Initials 8746125 v 2 REAL ESTATE SALES CONTRACT—PAGE 29 #646483-v3 herein provided or any other remedies provided by law,except as limited in this Lease, including without limitation, Section 10, nor shall pursuit of any of the other remedies herein provided constitute a forfeiture or waiver of any rent due to Landlord hereunder or of any damages accruing to Landlord by reason of the violation of any of the-terms, provisions and covenants herein contained.Forbearance by Landlord to enforce one or more of the remedies herein provided upon an event of default shall not be deemed or construed to constitute a waiver of such event of default. 21.Access to Premises.Landlord shall have the right to enter upon the Property at all reasonable hours upon reasonable advance written notice to Tenant to inspect and for access to the Property to install, maintain, use, repair and replace, pipes, ducts, lights, conduits, plants, wires, floor coverings,and all other mechanical equipment serving the Property,including without limitation, fire inspection and overhead sprinkling system inspection. 22. Quiet Enjoyment. Landlord covenants and agrees with Tenant, its successors and assigns, that upon Tenant's paying the rent and observing and performing all the material terms,covenants and conditions on Tenant's part to be performed and observed,Tenant may peaceably and quietly hold,have,occupy,possess and enjoy the Property for the full term of this Lease. 23.Notices. All notices required under this Lease shall be in writing,and shall be deemed to have been given if either delivered personally or mailed by certified or registered mail to the Landlord or to Tenant at their respective addresses set forth above,or to such other address as either party may furnish in writing during the Term of this Lease. Any notice to be provided to Tenant must also be sent to Exco Technologies Limited,c/o Paul Riganelli, 130 Spy Crt,tad Floor,Markham, Ontario,Canada L3R 5H6. 24. Holding Over. In the event that Tenant remains in possession of the Property after the expiration of the Initial Term and without electing to extend the Initial Term hereof as provided herein, or remains in possession of the Property after the expiration of the Initial Term of the Lease and the renewal term thereof(if Tenant elects to renew)such holding over on the part of the Tenant will not renew or extend this Lease,and Tenant shall be deemed to be occupying and using the premises as a tenant , at will of Landlord, subject to all the conditions, provisions and obligations of this Lease insofar as the same are applicable to a tenancy at will; provided, however,'that in such event Tenant covenants and agrees to pay to Landlord monthly as rent for the Property and as liquidated damages for such holding over a sum equal to 200% of the total rental due or paid by Tenant for the last month of the Initial Term(or prior renewal term). 25. Recording. The Tenant shall not record this Lease without the prior written consent of the Landlord;however,upon the request of either party the other party shall join in the execution of a memorandum or so-called "short form" of this Lease for the purpose of recordation. The memorandum or short form of this Lease shall describe the parties,the Property and the term of this Lease and shall incorporate this Lease by reference. 26. Captions. The captions and headings used in this Lease are intended only for convenience Lessor's Initials a..,._. . _. a 11 Lessee's Initials 8746125v.2' REAL ESTATE SALES CONTRACT PAGE 30 #646483-v3 and are not to be used in construing this Lease. 27. Dispute Resolution. Other than as a result of an event of default under Section 20, neither party shall institute (and it shall be a condition precedent to the right to institute) a lawsuit for monetary damages against a party to this Lease by reason of a breach of any warranty,covenant or agreement hereunder unless such party first gives written notice(a"Dispute Notice")to the other party setting forth the nature of the dispute and requesting non-binding mediation. Within ten(10) days after delivery of the Dispute Notice,the parties shall attempt to agree upon a mediator. If no mediator is agreed upon within said ten-day period, each party shall select a mediator and notify the other party of such selection within fifteen(15) days after delivery of the Dispute Notice. If either party fails to notify the other as to its selection within said fifteen-day period,the mediator selected by the other party shall conduct the mediation. If each party timely selects a mediator, the two mediators selected shall select a third mediator within twenty-five(25)days after delivery of the Dispute Notice. If the dispute has not been resolved by mediation as provided above within fifty (50) days after delivery of the Dispute Notice, then either party may institute a lawsuit to settle the dispute. Any agreement signed pursuant to the mediation conference is binding on the parties. Mediation is not a condition precedent to obtaining injunctive relief. Any mediation pursuant to this Section shall be conducted in accordance with the Texas Civil Practice and Remedies Code, Chapter 154. The parties hereto desire and intend that any disputes arising between them with respect to or in connection with this Lease be subject to expeditious resolution in a court trial without a jury. Therefore,the parties hereto each hereby waive the right to trial by jury of any cause of action, claim, counterclaim or cross-complaint in any action, proceeding or other hearing brought by any of the parties hereto against any other of the parties hereto on any matter whatsoever arising out of or in any way connected with this Lease or the matters contemplated thereby or any claim of injury or damage or the enforcement of any remedy under any law,statute or regulation,emergency or otherwise,now or hereafter in effect. 28. Construction, Partial Invalidity, Reformation. Each party acknowledges that it has reviewed this Lease,and each party hereby agrees that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Lease or any amendments or exhibits hereto. Should any provision or portion of this Lease be held to be unenforceable or invalid for any reason,only that provision or portion shall he effected and shall be changed or corrected by the parties hereto in the manner which most closely conforms to the lawful meaning of the original provision or portion thereof. The remaining provisions or portions of this Lease shall remain in force and effect and shall not be affected by such holding. The application of this section shall not be deemed to be a modification or amendment to this Lease or the terms and conditions hereof. Subject to this section,each party may apply to a court or tribunal of competent jurisdiction to obtain a judgment or order evidencing such reformation When the context in which words are used in this Lease indicates that such is the intent, words in the singular number shall include the plural and vice versa,and words in the masculine gender shall include the feminine and neuter genders and vice versa, 29, Applicable Law. This Lease shall be construed under the laws of the State of Texas. If any Lessor's Initials 12 Lessee's Initials 8746125v.2 REAL ESTATE SALES CONTRACT—PAGE 31 #646483-v3 provision of this Lease or the application to any person or circumstances shall,to any extent,be invalid or unenforceable,the remainder of this Lease shall not be affected and each provision of this Lease shall be valid and enforceable to the fullest extent permitted by law. 30. Limitation on Actions. No action may be brought later than one year after termination of this Lease,including any extension of the Term,or 90 days after discovery of the facts giving rise to the action if such facts were not previously discoverable,whichever is later. 31.Successors. This Lease and the covenants and conditions shall inure to the benefit of and be binding upon the parties,and their respective successors and assigns. 32. No Third Party Beneficiaries. This Lease is for the sole benefit of the parties hereto and shall not be construed as creating any intended third party beneficiaries. 33.No Partnership. Any intention to create a joint venture or partnership between the parties is expressly disclaimed. 34.Exhibits. The following exhibits are attached to and form a part of tins Lease: NONE. 35.Time is of the Essence. Time shall be of the essence of this Lease. 36. Entire Agreement. This Lease constitutes the entire understanding of the parties with respect to the subject matter contained herein and supersedes any prior understandings and agreements between them respecting such subject matter. Modifications of the Lease shall be made only in writing executed by the parties. 37. Counterparts and Signatures. This Lease may be signed in counterparts, each of which shall be deemed an original,but all of which,taken together shall constitute the same instrument. A signature made on a faxed or electronically mailed copy of the Lease or a signature transmitted by facsimile or electronic mail will have the same effect as the original signature. LESSOR AND LESSEE HAVE CAREFULLY READ AND REVIEWED THIS LEASE AND EACH TERM AND PROVISION CONTAINED HEREIN, AND BY THE EXECUTION OF THIS LEASE SHOW THEIR INFORMED AND VOLUNTARY CONSENT THERETO. THE PARTIES HEREBY AGREE THAT, AT THE TIME THIS LEASE IS EXECUTED, THE TERMS OF THIS LEASE ARE COMMERCIALLY REASONABLE AND EFFECTUATE THE INTENT AND PURPOSE OF LESSOR AND LESSEE WITH RESPECT TO THE PROPERTY. [SIGNATURES ON NEXT PAGE] Lessor's Initials _ 13 Lessee's Initials 87461251,2 REAL ESTATE SALES CONTRACT—PAGE 32 #646483-v3 firs;T to be -r�� . :.i+- +�vo as of the day%ins year ' r r.ve a rci➢�, L L0 I =SOK ANT t. . Bice° est ) , By:/ai By:is/ BlU; an r ,t dti� Its: 's Ini< s 14 L 's ais ._ 8740.115v.5 • `,..,, TATE SALES So= ;'{':.ACT—PAGE 33 S646483-E3 r N 00 a K.R, , I 1- th 5 I PI, WR! vg ft X !1:flii )21 1`7 " rs m. '!Lgb.gR '11141iii!!li -2 Cl2i"4 t. '...t" -43v .-. 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';'" i' ,,,,,, '010.4,giz., , �`''" , k"kk {,r ,x',y'� ,, �,a"f'4�3`.,'itr4,#=3`'14t 04,4 r� 4 �,,, ,'"` w', x , 440` " 'w,` ., '.", et g� atr,»y , ' £t4#z" tx �� " ter_. »*„„ ,t3i§T,.w t, x ,.f', .. „ 00':1, ,„ ,n 0 , ,0 s{ „ am:'N,.u'..""um.a r'0" -,"~a'i`,„''„_ ° I, ,. , 4 .. r of tr Wylie City Council � .� R�Ms; AGENDA REPORT ;4 8$ Meeting Date: July 22, 2014 Item Number: G Department: Planning (City Secretary's Use Only) Prepared By: Charles H. Lee,AICP Account Code: Date Prepared: July 2, 2014 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, approval of a Preliminary Plat for Hunter's Cove, Phase 1. The Plat will create 58 single family residential lots and six open space areas on 31.414 acres and dedicate the necessary rights-of way and parkland dedication. Subject property generally located southwest of E. Brown Street and Country Place Lane. Recommendation Motion to approve, a Preliminary Plat for Hunter's Cove, Phase 1. The Plat will create 58 single family residential lots and six open space areas on 31.414 acres and dedicate the necessary rights-of way and parkland dedication. Subject property generally located southwest of E. Brown Street and Country Place Lane. Discussion APPLICANT: JBI Partners, Inc. OWNER: DR Horton, Texas, LTD Phase 1 property totals 31.414 acres and will create fifty-eight (58) single-family residential lots and six (6) open space lots. The plat shall also dedicate the necessary rights-of-way and utility easements. The development will be constructed in accordance with the regulations of Single-Family 10/24 (SF-10/24) District as adopted by Ordinance No. 2014-08, and will include comprehensive landscaping and street edge treatments throughout the community. The subdivision was the subject of a recent zoning case adopted in March 2014 on approximately 31.414- acres from Agricultural (A/30) to Single Family-10/24 (SF-10/24). The Preliminary Plat complies with all applicable technical requirements of the City of Wylie. Staff recommends approval subject to any additions and/or alterations as required by the Engineering Department. Planning & Zoning Commission Discussion Due to a lack of quorum at its July 1, 2014 meeting, the Planning & Zoning Commission was unable to act upon Page 1 of 2 Page 2 of 2 the Preliminary Plat. In accordance with Texas Local Government Code Chapter 212, Section 212.009 a plat is considered approved if no action has taken place within 30 days after the plat was filed. Therefore, the Preliminary Plat is recommended for approval by City Council under Chapter 212 TLGC. I...OT 1 ST L2 ACRE , E R _ VOL. 2007, Pc. 156 _____ / / / 1 w / g _—.—.— / l9 Y M 1 1 / �� SAMUEL RAMSEY MERIO A. _ TODD HRAMMER z / (14 RAMSEY I ERAS GARNER KOCH SO' PRIVATE ROAD I d Ln 1 OWNER. JESS W/CROWL6Y ( VOL 4/142, PG OOq. DOC_ NO_ 2007- ALVIN DITTNER 1�90C_ NO I VOL. 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". , 4` , pjw °5, 1 WOO A J co ---- d- --- , � —.—' '�` r " /, - 1 Y1 z n T — i --r-- =� iBLOCK K N I sd IL 4837 PG�1`67 / ' R=`soo p0 � — "- 11w.11 oj_— 0--"' 011112roeze4 i0000 vA 6 ssn _BLOCK 'W-- ------ RFO o GO' North BLOCK . mI I I ��6Njizpmfiet ,nN� i 1 �a 1 I.L �`01°4633 W 25 I -�� N� �tn3 -�oW�/ �_ 18�.00' 95 U0 8' co 8 E v\o —� i 3 i' LLBI -- z6e>r .� '� R� �c. ' / 1 m e2 ,� , zQ 130.0 f!1I520 96 1 / w4 ( / S� a 8000' I — 46RFORD A NUE 12 v -- so 9 EAVEN 80.00 690rRU1HE cs, D1041.46' 1DUI,.: U I � I <5o Fool Ro1u) 7 � t _ ii I a — s II, _ e ( aJ,` w 1 eo.00' 25BL o O GRAPHIC SCALE 20' N.TM ID as M4) I ° 0- , o I 19 m iv LOCATION OF PROPOSED 10 SANITARY wisiiiie L , 44 �- 16 17 �i6 N o I SEWER ASEMF.NT DESCRIBED o / I ":05 '"34 o 13 14 c„, )' Pa - iao o eo ,00 zoo ( / 4 8 Nr9RLOCK .-.—.— I--_ 1 ---- L___ --- z DOC� o N2005-01I78909,, ,>,� 0 22xo n43 i.1.4 al iI 1--.—.m AINCI N „ __"—'—_. BLOCK 0 .o ! - - / ,_ r. / t R ----------- - I AII =I NO2'21'S9°W i 1- -- 1433.83' 1 inch h -- i00 ft. I " � BUILDINt. LINE +:8 5 7147e 54 y 1 ��r - 1 k ,'CAB, M G- 45z 1i2'11 51 W / 05 r, /2 CO I56 z1x, 3 ocK A ; L, � I I Z yz I so' LANDSOARE AREA &, � , �� J �� J `� l a I 2 I; I OPEN SPACE //"-21 ' / i / °11 1 .1 H 2I l EXISTING 100 YEAR CITY / / / w1 a z WYLIE RANCH EAST, PHASE ONE O O lJ.l TIMMV RAY KREYMER FLOODPLAIN PER ( / CAB. B. PG. 277 VOL. 4042, PG. 65_ 1 0 ci w ---_—_— —� W W o , JBI PARTNERS, INC / / , / WYLIE70 ;SC 5 PRELIMINARY ANALyss I / solo. PG. 4102 w x 1 0 so I \� / 1 / I I C En M w o w Q mK II' i, 3 w, 00 25A 0 ¢ W / / / ,' / 1 I ti a I I TYPICAL PAD=60'X75' "' 1n 0 FLOOD STATEMENT. cp I m According to Community Panel No. 48085C0420J, dated June 02, 2009 of of the Federal Emergency Management Agency, National Flood Insurance * = IRREGULAR PAD Program Map, this property is shown in a special flood hazard area. I 1 CO property is within an area identified as Zone AE. If this site is not within an identified special flood hazard area, this flood statement -o does not imply that the property and/or the structures thereon will be > free from flooding or flood damage. On rare occasions, greater floods I to can and will occur and flood heights may be increased by man—made or natural causes. This statement shall not create liability on the part of of the Surveyor. I 3 -o I I JOE TOLLESON, 1-- VOLI 4298, JOHN A YATES, PRELIMINARY PLAT 1 ux tux DOG 08. PG 1653 96-0070802 LEGEND I HUNTER'S COVE I I ril S BW FNC BARBED WIRE FENCE I CO FENCNOUT- SANITARVSEWER FENCE I I BEING 31.414 ACRES OUT OF THE FNC GUY GUY WIRE I FRANCISCO DE LA PINA SURVEY, o HW HEADWALL I ABSTRACT NO. 688 IPF IRON PIPE FOUND d IRF IRON ROD FOUND LP LIGHT POST MHSS SANITARY SEWER MANHOLE I -33 MW MONITOR WELL I CITY OF WYLIE M PP POWER POLE I COLLIN COUNTY COUNTY, TEXAS R.O.W. RIGHT-OF-WAY S.S.E. SANITARY SEWER EASEMENT I I 58 RESIDENTIAL LOTS PER ORDINANCE NO. ____ O T.P. &L. TEXAS POWER& LIGHT ' I TEL RIS TELEPHONE RISER I 6 OPEN SPACE LOTS UGL MRK UNDERGROUND LINE MARKER D.R. HORTON-TEXAS, LTD. OWNER/DEVELOPER in VLT VAULT WM WATER METER I 4306 Miller Road, Suite A (214) 607-4244 a) WTR SPG WATER SPIGOT I I Rowlett, Texas 75088 2 W V WATER VALVE CL FH FIRE HYDRANT MB MAILBOX I = BM BENCHMARK ? JBI PARTNERS, INC. ENGINEER _,,,, 16301 Quorum Drive, Suite 200 B (972)248-7676 aA--c. ----r - — Addison, Texas 75001 .3 — - - TBPE No. F-438 TBPLS No. 10076000 0 (PabSQRP1IVttOSE POW) 1 SUBMITTED: JUNE 4, 2014 Sheet 1 of 2 PRELIMINARY-FINAL PLAT FOR REVIEW PURPOSES ONLY M a 00 0 Surveyor's Certificate of OWNER'S CERTIFICATION r- Know All Men By These Presents: d' 0 STATE OF TEXAS " NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That I, Mark W. Harp, do hereby certify that I prepared this plat and the field notes made a part thereof from N COUNTY OF COLLIN an actual and accurate survey of the land and that the corner monuments shown thereon were properly placed M THAT D.R. HORTON - TEXAS. LTD., acting herein by and through its duly authorized officers, does hereby under my personal supervision, in accordance with the Subdivision regulations of the City of WYLIE, Texas. adopt this plat designating the herein above described property as HUNTER'S COVE an addition to the ce WHEREAS, D.R. Horton - Texas, Ltd. is the owner of a parcel of land in the City of Wylie, Collin County, Texas, a part City of Wylie, Texas, and does hereby dedicate, in fee simple, to the public use forever, the streets, Dated this, the day of 2014. of the FRANCISCO DE LA PINA SURVEY, ABSTRACT NO. 688, a part of that 14.755 acre tract of land conveyed to D.R. rights-of-way, and other public improvements shown thereon. The streets and alleys, if any, are - .� OF F Horton - Texas, Ltd. as recorded in Volume 5697, Page 6349, Collin County Deed Records, a part of that 34.872 dedicated for street purposes. The easements and public use areas, as shown, are dedicated, for the FOR REVIEW PURPOSES ONLY �r�P•p4S+�T p•;rJcs a acre tract of land conveyed to D.R. Horton - Texas, Ltd. as recorded in Volume 5697, Page 6354, Collin County Deed public use forever, for the purposes indicated on this plat. No buildings, fences, trees, shrubs or other --- * 0 Records, o of that 10.005 acre tract of land conveyed to D.R. Horton - Texas, Ltd. as recorded in Volume improvements or growths shall be constructed or placed upon, over or across the easements as shown, Mark W. H, R.P.L.S. # 6425 . partye . MARK W. HARP I +. 5697, Page 6363, Collin County Deed Records, a part of that 14.760 acre tract of land conveyed to D.R. Horton - except that landscape improvements may be placed in landscape easements, if approved by the City p Texas, Ltd. as recorded in Volume 5700, Page 3087, Collin County Deed Records, and being further described as Council of the City of Wylie. In addition, utility easements may also be used for the mutual use and ��4S,, 6425 p,,; , — follows: accommodation of all public utilities desiring to use or using the same unless the easement limits the (� '.2..10r 0 y'o�: N use to particular utilities, said use by public utilities being subordinate to the public's and City of Wylie's atilt"' - 0 BEGINNING at a one-half inch iron rod found for corner in the east line of said 10.005 acre tract of land, said point use thereof. 0' being in the south right-of-way line of Brown Street (a variable width right-of-way as described in two right-of-way STATE OF TEXAS § a) deeds from D.R. Horton-Texas, Ltd. to the City of Wylie, Texas as recorded in Document Numbers The City of Wylie and public utility entities shall have the right to remove and keep removed all or parts •> 20120822001046570 and 20120822001046580, Collin County Deed Records); of any buildings, fences, trees, shrubs or other improvements or growths which may in any way endanger COUNTY OF DALLAS § 0 or interfere with the construction, maintenance, or efficiency of their respective systems in said THENCE South 02 degrees 11 minutes 31 seconds East, 681.72 feet to a one-half inch iron rod found at the easements. The City of Wylie and public utility entities shall at all times have the full right of ingress BEFORE ME, the undersigned, a Notary Public in and for The State of Texas, on this day personally appeared a southeast corner of said 10.005 acre tract of land, said point being the northeast corner of said 34.872 acre tract and egress to or from their respective easements for the purpose of constructing, reconstructing, Mark W. Harp, known to me to be the person and officer whose name is subscribed to the foregoing instrument, of land; inspecting, patrolling, maintaining, reading meters, and adding to or removing all or parts of their and acknowledged to me that he executed the same for the purposes and considerations therein expressed and o THENCE along the east line of said 34.872 acre tract of land as follows: respective systems without the necessity at any time procuring permission from anyone. in the capacity therein stated. o South 02 degrees 35 minutes 39 seconds East, 478.76 feet to a one-half inch iron rod found for corner; This plat approved subject to all platting ordinances, rules, regulations and resolutions of the City of GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of , 2014. H1 South 02 degrees 20 minutes 38 seconds East, 305.94 feet to a one inch iron pipe found at the southeast Wylie, Texas. corner of said 34.872 acre tract of land, said point being the northeast corner of said 14.760 acre tract of land; THENCE South 02 degrees 13 minutes 15 seconds East, 328.99 feet to a one-half inch iron rod found at the WITNESS, my hand, this the ____ day of __ , 2014. ________________________________ southeast corner of said 14.760 acre tract of land, said point being the northeast corner of said 14.755 acre tract Notary Public in and for the State of Texas of land; THENCE South 02 degrees 11 minutes 46 seconds East, 323.12 feet to a 60 penny nail found at the southeast corner BY: __ of said 14.755 acre tract of land; David L. Booth, an Authorized Agent for D.R. Horton-Texas, Ltd. THENCE South 88 degrees 02 minutes 41 seconds West, 650.00 feet along the south line of said 14.755 acre tract of land to a one-half inch iron rod found for corner; THENCE North 02 degrees 21 minutes 59 seconds West, 1433.83 feet to a one-half inch iron rod found for corner in STATE OF TEXAS § Selling a portion of this addition by metes and bounds is a violation of City Ordinance and State Law and is the north line of said 34.872 acre tract of land; subject to fines and withholding of utilities and building permits. THENCE North 87 degrees 46 minutes 54 seconds East, 17.05 feet along the north line of said 34.872 acre tract of COUNTY OF DALLAS § "RECOMMENDED FOR APPROVAL" land to a one-half inch iron rod found at the southwest corner of said 10.005 acre tract of land; BEFORE ME, the undersigned authority in and for the State of Texas, on this day personally appeared THENCE North 02 degrees 11 minutes 51 seconds West, 688.55 feet to a five-eighths inch iron rod found at the David L. Booth, known to me to be the person whose name is subscribed to the foregoing instrument northwest corner of said 10.005 acre tract of land, said point being in the south right-of-way line of Brown Street; and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. -------- ___ —__ _—__—_—__—_—__— — __— THENCE along the north right-of-way line of Brown Street as follows: Chairman, Planning & Zoning Commission Date North 87 degrees 47 minutes 13 seconds East, 39.05 feet to a one-half inch iron rod found for corner; City of Wylie, Texas North 88 degrees 26 minutes 27 seconds East, 594.00 feet to the POINT OF BEGINNING and containing GIVEN UNDER MY HAND AND SEAL OF OFFICE this ____ day of , 2014. 1,368,381 square feet or 31.414 acres of land. "APPROVED FOR CONSTRUCTION" Notary Public, State of Texas Mayor, City of Wylie, Texas Dote "ACCEPTED" M Q Mayor, City of Wylie, Texas Date to 0 0) The undersigned, the City Secretary of the City of Wylie, Texas, hereby certifies that the foregoing final plat of the HUNTER'S COVE subdivision or addition to the City of Wylie was submitted, by formal action, then and there 0 N accepted the dedication of streets, alley, parks, easement, public places, and water and sewer lines as shown and set forth in and upon said plat and said Council further authorized the Mayor to note the acceptance rM thereof by signing his name as hereinabove subscribed. zci CO Witnesss my hand this day of , 2014. iii E H a, -- > City Secretary, City of Wylie, Texas 0 /n (I) 01 0 5 0 T 0D TS a) > PRELIMINARY PLAT w ai HUNTER'S COVE -0 a. a_ to BEING 31.414 ACRES OUT OF THE FRANCISCO DE LA PINA SURVEY, o ABSTRACT NO. 688 X i cp CITY OF WYLIE 0 COLLIN COUNTY COUNTY, TEXAS M tli 58 RESIDENTIAL LOTS PER ORDINANCE NO. ___ 0 6 OPEN SPACE LOTS j D.R. HORTON—TEXAS, LTD. OWNER/DEVELOPER in 0 4306 Miller Road, Suite A (214) 607-4244 a) Rowlett, Texas 75088 0 c I JBI PARTNERS, INC. ENGINEER 16301 Quorum Drive, Suite 200 B (972)248-7676 c Addison, Texas 75001 . TBPE No. F-438 1BPLS No. 10076000 0 L GJ SUBMITTED: JUNE 4, 2014 Sheet 2 of 2 PRELIMINARY-FINAL PLAT FOR REVIEW PURPOSES ONLY ${ Wylie City Council AGENDA REPORT lss Meeting Date: July 22,2014 Item Number: H (City Secretary's Use Only) Department: City Manager/Finance Prepared By: Account Code: Date Prepared: July 18,2014 Budgeted Amount: Exhibits: Subject Consider, and act upon, granting an extension of time for the FY 2014/2015 proposed budget filing with the City Secretary from August 5, 2014. to August 8, 2014 per the Home Rule Charter; Article V, Section 2. Recommendation Motion granting an extension of time for the FY 2014/2015 proposed budget filing with the City Secretary from August 5, 2014 to August 8, 2014 per the Home Rule Charter; Article V, Section 2. Discussion The City Charter specifies that as part of the normal budget process, a proposed budget be filed with the City Secretary each year by August 5th unless the City Council has granted an extension. This budget is to allow the general public access to the proposed budget for the ensuing year, thereby allowing public viewing prior to the actual adoption of the budget at a later date. Under normal circumstances, this will allow at least 30 days for the public to view the proposed budget before official adoption. Due to the timing of council work sessions this year, we will need extra time to prepare the proposed budget to be filed with the City Secretary. Staff requests an extension until August 8, 2014 to allow for adequate preparation time. This will still allow almost three weeks for viewing until the public hearing on the budget and a month for viewing prior to the official adoption of the budget. Page 1 of 1 t \ Wylie City Council s AGENDA REPORT Meeting Date: July 22, 2014. Item Number: 1. Department: City Secretary (City Secretary's Use Only) Prepared By: Carole Ehrlich Account Code: Date Prepared: July 14, 2014 Budgeted Amount: Exhibits: Applicants Subject Consider, and act upon, the acceptance of the resignation of Jeremy White, Board Member for the Planning and Zoning Commission and the appointment of a new member to the Planning and Zoning Commission for the unexpired term of July 2014 to June 2016. Recommendation A motion to accept the resignation of Jeremy White and the appointment of to the Planning and Zoning Commission to fill an unexpired term of July 2014 to June 2016. Discussion Staff is requesting the appointment of a new Planning and Zoning Commission member to replace Jeremy White, who is resigning due to relocation. Vacancies. When vacancies occur on the board, the City Council shall appoint,by majority vote, a replacement to serve the remainder of the term no later than 30 days from the date of the vacancy. Board Member's Qualifications-Article IX, Section 2 Home Rule Charter. Each board member shall be a qualified voter of the City for at least 12 months preceding the date of appointment; be knowledgeable in the functions and activities provided for in this article. Each board member shall have any other qualification as the City Council deems necessary and appropriate. Applicants attached have indicated they are willing to serve if appointed. Page 1 of 1 Page 2 of 2 Boards & Commissions Application CIT_tip Y OF WYLIE Spring 2014 Please return your completed application to the City Secretary's Office at 300 Country Club Road,Bldg. 100, Wylie,Texas 75098.Please print clearly. Immo ,Arame: �. , 5 Ck:/Aks 5 ) *Please 'd cate your first, second and third preference below: n Yes,I would be interested in serving on subcommittees that may be formed. construction Code Board 'Planning&Zoning Board Library Board Wylie Economic Development Corporation Board Parks&Recreation Board Zoning Board of Adjustments Animal Shelter Advisory Board Public Arts Advisory Board Personal Info ataon ,�( / Occupational Information Home Address: S.Or �¢,f Fttrdelei'" e Business Owner? I "7es C 'Phone-t }.07 Ali Phone: ?irne:J 9Are you a registeer'ed�vott�e/r`?I o,what County or City? Occupatio 1 (Ve C-U / tr+`, Business Address: D.O.B: (( /i/ ./ 11 o _ Telephone:/9 Q^- Fax: I have been a Wylie Resident for (ij years 5,PJ Have you ever or do you currently serve on any city boards? 1 E No If so, what board/city and dates? Le 4f r4,44,:c" Coon- oG r 0/ ATin of d in any community activities? (Civic or Hobbies) ❑ Na av,pio *Please indicate briefly why you would like to beappointed to a Board or Commission: � .. Ir-e SZi� 4'JSa f r' roe r kA^e C etmill/I4e- S. cr yet`e" — I am aware of the meeting dates and times of the board/commission I have applied and if appointed,I agree to serve on the Board/Commission which I have applied, or would consider an alternate appointment to a second or third service preference, 9 gnature ----4 I;1'''-i i 1 I r D e / FOR OFFICE USE ONLY Date Application Received New Applicant or Current Board Via:❑Website❑Mail an person❑Referral❑Newspaper Attended Applicant's Reception?❑Yes ONo (dates) Applicant Interview Scheduled: Appointment made to Term Expires ❑Statement&Oath Completed ❑No appointment made at this time,retain application for one year. Add/Edit Request Print AttOit Trail Cancel Assigned to:Lisa Pruett Request:4752 Entered on:05/17/2014 4:51 PM Lonk.g t01.1 Customer Information Create another request for customer t, (2 other reouests for customer) name.'Bem First Thomas (469)865-7090. Rhone}(972)429-9968 Email: Phone: name: CityWylie State: TX Zip 7 09 -Address :702 Labe` Circle cede.? Topic:, Board and Commission Application Request type.( Question Entered vial Web » First Choice: Animal Shelter Advisory Board (Your first choice) Second Choice,( Parks and Recreation Board (Your second eft i Third Choice:[ Construction Code Board F(Your third choice) Sub Committee?:(Yes (Are you interested in serving on a sub commie?) ..Resident Length?:( 12 (How long have you lived in Wylie?) Registered Voter?:l Yes (Are you a registered voter?) County of Voter Registration:* Co1Gn Occupation:1Transfer Sergeant, Date of Birth: 7/28/1964f Business Owner?:(No (Do you own a business?) Business Name: f„�'fff (if business owner,please answer the following) Business Address:h Business Phone:t „,. Business Email: Attachments:Add Attachments Please indicate briefly why you would like to be appointed to a Board or Commission. Description: My love of animals and to give back to the community 1 Reason closed: This must be filled in to close the request. Contents of field,and attachments that are marked as Send to Customer when Closed,are e- mailed for customer notification, wi a vY€ Due Date 0 6/0 212 0 1 4 Leave blank for automatic calculation Insert Reason Closed: mess agefra. from (Selectmiist) Cancel Collaboration Area(internal notes, email correspondence) To add notes or send emaits about this Request,enter message below or insert message :fin<t t5saga from list) ,then press the appropriate button. t � Wylie City Council 34, AGENDA REPORT Meeting Date: July 22, 2014. Item Number: 2. Department: City Secretary (City Secretary's Use Only) Prepared By: Carole Ehrlich Account Code: Date Prepared: July 14, 2014 Budgeted Amount: Exhibits: Applicants Subject Consider, and act upon, the acceptance of the resignation of Ned Peterson, Alternate Board Member for the Construction Code Board and the appointment of a new alternate member to the Construction Code Board for the unexpired term of July 2014 to June 2016. Recommendation A motion to accept the resignation of Ned Peterson and the appointment of as an alternate to the Construction Code Board to fill an unexpired term of July 2014 to June 2016. Discussion Staff is requesting the appointment of a new Alternate Construction Code Board member to replace Ned Peterson who resigned. Vacancies. When vacancies occur on the board, the City Council shall appoint,by majority vote, a replacement to serve the remainder of the teriii. Board Member's Qualifications-Article IX, Section 2 Home Rule Charter. Each alternate board member shall be a taxpaying resident of the City. In the absence of one or more members of the Board, alternate members shall attend the meeting when requested to do so by the Board's Chairman or Building Official. The alternate members are subject to the same attendance and general rules as the Board members. Each board member shall have any other qualification as the City Council deems necessary and appropriate. Applicants attached have indicated they are willing to serve if appointed. Page 1 of 1 Page 2 of 2 Boards & Commissions Application CIT_tip Y OF WYLIE Spring 2014 Please return your completed application to the City Secretary's Office at 300 Country Club Road,Bldg. 100, Wylie,Texas 75098.Please print clearly. Immo ,Arame: �. , 5 Ck:/Aks 5 ) *Please 'd cate your first, second and third preference below: n Yes,I would be interested in serving on subcommittees that may be formed. construction Code Board 'Planning&Zoning Board Library Board Wylie Economic Development Corporation Board Parks&Recreation Board Zoning Board of Adjustments Animal Shelter Advisory Board Public Arts Advisory Board Personal Info ataon ,�( / Occupational Information Home Address: S.Or �¢,f Fttrdelei'" e Business Owner? I "7es C 'Phone-t }.07 Ali Phone: ?irne:J 9Are you a registeer'ed�vott�e/r`?I o,what County or City? Occupatio 1 (Ve C-U / tr+`, Business Address: D.O.B: (( /i/ ./ 11 o _ Telephone:/9 Q^- Fax: I have been a Wylie Resident for (ij years 5,PJ Have you ever or do you currently serve on any city boards? 1 E No If so, what board/city and dates? Le 4f r4,44,:c" Coon- oG r 0/ ATin of d in any community activities? (Civic or Hobbies) ❑ Na av,pio *Please indicate briefly why you would like to beappointed to a Board or Commission: � .. Ir-e SZi� 4'JSa f r' roe r kA^e C etmill/I4e- S. cr yet`e" — I am aware of the meeting dates and times of the board/commission I have applied and if appointed,I agree to serve on the Board/Commission which I have applied, or would consider an alternate appointment to a second or third service preference, 9 gnature ----4 I;1'''-i i 1 I r D e / FOR OFFICE USE ONLY Date Application Received New Applicant or Current Board Via:❑Website❑Mail an person❑Referral❑Newspaper Attended Applicant's Reception?❑Yes ONo (dates) Applicant Interview Scheduled: Appointment made to Term Expires ❑Statement&Oath Completed ❑No appointment made at this time,retain application for one year. Add/Edit Request Print AttOit Trail Cancel Assigned to:Lisa Pruett Request:4752 Entered on:05/17/2014 4:51 PM Lonk.g t01.1 Customer Information Create another request for customer t, (2 other reouests for customer) name.'Bem First Thomas (469)865-7090. Rhone}(972)429-9968 Email: Phone: name: CityWylie State: TX Zip 7 09 -Address :702 Labe` Circle cede.? Topic:, Board and Commission Application Request type.( Question Entered vial Web » First Choice: Animal Shelter Advisory Board (Your first choice) Second Choice,( Parks and Recreation Board (Your second eft i Third Choice:[ Construction Code Board F(Your third choice) Sub Committee?:(Yes (Are you interested in serving on a sub commie?) ..Resident Length?:( 12 (How long have you lived in Wylie?) Registered Voter?:l Yes (Are you a registered voter?) County of Voter Registration:* Co1Gn Occupation:1Transfer Sergeant, Date of Birth: 7/28/1964f Business Owner?:(No (Do you own a business?) Business Name: f„�'fff (if business owner,please answer the following) Business Address:h Business Phone:t „,. Business Email: Attachments:Add Attachments Please indicate briefly why you would like to be appointed to a Board or Commission. Description: My love of animals and to give back to the community 1 Reason closed: This must be filled in to close the request. Contents of field,and attachments that are marked as Send to Customer when Closed,are e- mailed for customer notification, wi a vY€ Due Date 0 6/0 212 0 1 4 Leave blank for automatic calculation Insert Reason Closed: mess agefra. from (Selectmiist) Cancel Collaboration Area(internal notes, email correspondence) To add notes or send emaits about this Request,enter message below or insert message :fin<t t5saga from list) ,then press the appropriate button.