15-25 R - ETJ Agreement with City of Aubrey, Development Agreement with CADG Comanche 248, LLCTOWN OF PROSPER, TEXAS
RESOLUTION NO. 15-25
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AUTHORIZING THE TOWN MANAGER OF THE TOWN OF
PROSPER, TEXAS, TO EXECUTE THE EXTRATERRITORIAL JURISDICTION
ALLOCATION AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS,
AND THE CITY OF AUBREY, TEXAS, AND DEVELOPMENT AGREEMENT
BETWEEN THE TOWN OF PROSPER AND CADG COMANCHE 248, LLC, AS
MORE FULLY DESCRIBED HEREIN, AND TAKE ANY AND ALL OTHER
ACTIONS NECESSARY TO EFFECTUATE THE SAME, INCLUDING THE
TOWN COUNCIL'S CONSENT TO SAME; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, CADG Comanche 248, LLC ("Comanche"), is a real estate development
company that is developing a portion of the property, consisting of 145 acres, more or less, in
the extraterritorial jurisdiction ("ETJ") of the Town of Prosper, Texas ("Prosper"), and adjacent to
the ETJ of the City of Aubrey, Texas ("Aubrey"), which property is more particularly described in
the Extraterritorial Jurisdiction Allocation Agreement Between the Town of Prosper, Texas, and
the City of Aubrey, Texas, and Development Agreement Between the Town of Prosper and
CADG Comanche 248, LLC, attached hereto as Exhibit A and incorporated by reference; and
WHEREAS, Section 42.023 of the Texas Local Government Code authorizes Prosper to
enter into an agreement to reduce its ETJ, pursuant to Section 42.022(d) of the Texas Local
Government Code; and
WHEREAS, Prosper, Aubrey and Comanche have negotiated the attached Agreement
and all pertinent matters related thereto have been fully addressed by each of them.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER,TEXAS,THAT:
SECTION 1
All of the above premises are found to be true and correct and are incorporated into the
body of this Resolution as if copied in their entirety.
SECTION 2
The Town Manager of the Town of Prosper, Texas, is hereby authorized to execute the
"Extraterritorial Jurisdiction Allocation Agreement Between the Town of Prosper, Texas, and the
City of Aubrey, Texas, and Development Agreement Between the Town of Prosper and CADG
Comanche 248, LLC," and take any and all other actions necessary to effectuate the same.
This Resolution shall constitute consent to the terms and conditions contained in said
Agreement.
SECTION 3
This Resolution is effective immediately upon its passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THIS 12TH DAY OF MAY, 2015.
Ray Smith,lMayor
ATTEST:
RobyW
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Resolution No. 15-25, Page 2
EXHIBIT A
(Extraterritorial Jurisdiction Allocation Agreement Between the Town of Prosper, Texas,
and the City of Aubrey, Texas, and Development Agreement Between the Town of
Prosper and CADG Comanche 248, LLC)
Resolution No. 15-25, Page 3
11111111111111111111111111111111111
Recorded On: July 02, 2015
Parties: TOWN OF PROSPER
To
Comment:
Agreement
126.00
Total Recording: 126.00
Denton County
Juli Luke
County Clerk
Denton, TX 76202
Instrument Number: 2015-74483
As
Agreement
( Parties listed above are for Clerks reference only )
** THIS IS NOT A BILL **
Billable Pages: 26
Number of Pages: 26
************ DO NOT REMOVE. THIS PAGE IS PART OF THE INSTRUMENT ************
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information:
Document Number: 2015-74483
Receipt Number: 1309019
Recorded Date/Time: July 02, 2015 02:25:01 P
User / Station: J Robinson - Cash Station 1
Record and Return To:
TOWN OF PROSPER
ATTN: TOWN SECRETARY
P O BOX 307
PROSPER TX 75078
M1
t t�trrwM
THE STATE OF TEXAS)
COUNTY OF DENTON }
I hereby certify that this Instrument was FILED In the File Number sequence on the dateltime
heron, and was duly RECORDED in the Official Records of Denton County, Texas.
! �a
printed
Jul! Luke
County Clerk
"�� `�
Denton County, Texas
EXTRATERRITORIAL JURISDICTION ALLOCATION AGREEMENT BETWEEN THE
TOWN OF PROSPER, TEXAS. AND THE CITY OF AUBREY, TEXAS; AND
DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF PROSPER AND CADG
COMANCHE 248,LLC
STATE OF TEXAS §
COUNTY OF DENTON §
THIS EXTRATERRITORIAL JURISDICTION ALLOCATION AGREEMENT
BETWEEN THE TOWN OF PROSPER, TEXAS, AND THE CITY OF AUBREY,
TEXAS, AND DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF PROSPER
AND CADG COMANCHE 248, LLC (this "Agreement") is entered into by and between
the Town of Prosper, Texas, a home -rule municipality ("Prosper"), the City of Aubrey,
Texas, a general -law municipality ("Aubrey"), and CADG Comanche 248, LLC, a Texas
limited liability corporation ("Comanche") (each individually a "Party" and collectively the
"Parties") to be effective on the date last signed by the Parties (the "Effective Date").
WHEREAS, Aubrey is a general -law municipality of the State of Texas, located in
Denton County; and
WHEREAS, Prosper is a home -rule municipality of the State of Texas, located in
Collin County and Denton County; and
WHEREAS, Comanche wishes to develop property currently located in Prosper's
Extraterritorial Jurisdiction ("ETJ"), as more fully described herein, with such
development to be consistent with the terms and conditions contained herein; and
WHEREAS, certain property that is currently in the ETJ of Prosper that Prosper
shall allocate to Aubrey to be in Aubrey's ETJ is approximately 145 acres of real
property (the "Property"), is described by metes and bounds on Exhibit A and depicted
on Exhibit B of this Agreement, both of which exhibits are incorporated by reference;
and
WHEREAS, Section 42.022(d), Texas Local Government Code, as amended
("Section 42.022(d)"), authorizes Prosper and Aubrey to enter into an agreement to
allocate the Property within Prosper's ETJ to Aubrey's ETJ upon Aubrey's annexation of
a certain area; and
WHEREAS, Section 42.023(2), Texas Local Government Code, as amended
("Section 42.023(2)"), authorizes Prosper to reduce its ETJ; and
WHEREAS, Aubrey may expand and extend its ETJ boundaries beyond distance
limitations imposed by Section 42.021 of the Texas Local Government Code, as
amended, if a written agreement between Aubrey and Prosper to allocate the Property
is in effect on the date of annexation, pursuant to the Section 42.022(d); and
WHEREAS, the Property is contiguous to the ETJ of Aubrey and will be included
in Aubrey's ETJ through annexation of a certain area on the date of the annexation of
said certain area, pursuant to Section 43.063 of the Texas Local Government Code, as
amended, if this Agreement has been executed by the Parties as evidenced by the
signatures of the Parties' duly authorized representatives;
WHEREAS, Comanche is the owner of the Property; and
WHEREAS, Comanche submitted a voluntary petition on or about October 27,
2014 ("Annexation Petition") to the City Council of Aubrey to annex the Property into the
corporate city limits of Aubrey, pursuant to the requirements of Section 43.028 of the
Texas Local Government Code, as amended and attached hereto as Exhibit C; and
WHEREAS, Section 212.172 of the Texas Local Government Code, as
amended, authorizes Prosper and Comanche to enter into a development agreement
relative to land uses and other authorized terms and considerations the Parties deem
appropriate for the Property, and the Prosper and Comanche hereby agree that the
terms and considerations referenced in this Agreement are lawful, necessary and in the
best interests of the Parties.
NOW, THEREFORE, this Agreement is made and entered into by Prosper,
Aubrey and Comanche upon and for the mutual promises and consideration hereinafter
stated.
ARTICLE I
REPRESENTATIONS
1.1 The Parties agree that the recitals set forth above are true and correct in
all material respects and are hereby incorporated into the body of this Agreement.
1.2 Section 42.023(2) and Section 42.022(d) authorize Prosper to reduce and
exclude the Property from its ETJ and to allocate the Property to the ETJ of Aubrey
upon annexation of a certain area by Aubrey.
1.3 The Town Council of Prosper has determined that it may lawfully reduce
and exclude the Property from its ETJ and allocate the Property to the ETJ of Aubrey
upon annexation of a certain area by Aubrey.
1.4 The City Council of Aubrey has determined that it may lawfully receive and
allocate the Property to the ETJ of Aubrey and annex the Property excluded from the
ETJ of Prosper and allocated to the ETJ of Aubrey upon the annexation of a certain
area by Aubrey.
2
1.5 Prosper and Aubrey desire to set forth the terms and conditions upon
which the Property will be excluded from the ETJ of Prosper and allocated to the ETJ of
Aubrey upon annexation of a certain area by Aubrey.
1.6 Prosper and Comanche desire to set forth the terms and conditions for the
development of the Property, and Comanche agrees to said terms and conditions, and
agrees and acknowledges that the terms and conditions of development, more fully set
out in Article III, herein, shall run with the land and be binding on Comanche and any
future successors or assigns of Comanche.
ARTICLE II
ALLOCATION, RELEASE, AND REDUCTION OF ETJ
2.1 Prosper acknowledges and agrees that pursuant to the authority of
Sections 42.022(d) and 42.023(2), the Property shall be released and excluded from
Prosper's ETJ and allocated to Aubrey's ETJ upon Aubrey's annexation of a certain
area, without further action of any kind by Prosper; which annexation shall become
effective immediately upon passage by the Aubrey City Council of an ordinance
annexing a certain area, thus providing an effective date for the release of the Property
from Prosper's ETJ and into Aubrey's ETJ.
2.2 Upon annexation of a certain area into the corporate city limits of Aubrey:
(1) the ETJ of Prosper shall automatically be reduced to exclude the Property; and
(2) Prosper and Aubrey shall each prepare or have prepared revised jurisdictional maps
that reflect the corresponding release and exclusion of the Property from the ETJ of
Prosper.
ARTICLE III
SPECIFIC TERMIIS, CONDITIONS AND CONSIDERATION
3.1 Comanche agrees to pay to Prosper any attorney's fees charged to
Prosper by Prosper's legal counsel for, among other things, legal review and revision of
this Agreement and all further agreements, ordinances or resolutions contemplated by
this Agreement, negotiations and discussions with Comanche's attorney, Aubrey's
attorney and the provision of advice to applicable Prosper Town Staff and the Prosper
Town Council, in an amount not to exceed $7,500.00 within ten (10) days upon receipt
of an invoice of same from Prosper.
3.2 Comanche agrees to pay to Prosper a transaction fee of $1,300.00 per
acre, as consideration for Prosper's release of the Property from its ETJ, for a total
amount of $188,500.00. This fee shall be paid contemporaneously with or before the
execution of this Agreement by Prosper. The Parties acknowledge and agree that the
obligations, rights and benefits provided herein are mutual and supported by adequate
consideration.
3
3.3 Comanche agrees to restrict Comanche's use and development of the
Property in accordance with the provisions of this Section 3.3. Aubrey acknowledges
and agrees that it shall require Comanche to restrict the Comanche's use and
development of the Property as follows:
(A) The average density within the Property shall not exceed 4.25 single
family dwelling units per gross acre.
(B) Multifamily residential dwelling units shall not be permitted within the
Property.
(C) Within the Property, the exterior fagades of a main building or structure,
excluding glass windows and doors, shall be constructed of ninety percent (90%)
masonry (as defined below). For purposes of this Subsection, "masonry" shall mean
clay fired brick, natural and manufactured stone, granite, marble, stucco and
architectural concrete block. Masonry shall also include cementatious fiber board;
however, cementatious fiber board used as the primary fagade cladding material will be
limited to a maximum of sixty percent (60%) of the homes constructed. Cementatious
fiber board may not be used as a fagade cladding material for portions of upper stories
that are in the same vertical plane as the first story, if other masonry material is used on
the first story (i.e., brick or stone on first story, and cementatious fiber board on upper
stories in same plane will not be allowed). Cementatious fiber board may also be used
for architectural features, including window box -outs, bay windows, room dormers,
garage door headers, columns, chimneys not part of an exterior wall, or other
architectural features. The remaining ten percent (10%) of the exterior facades of a
main building or structure, excluding glass windows and doors, shall not be wood, vinyl
or EIFS.
(D) At least ten percent (10%) of the total acreage of the Property (14.50
acres) shall be provided for Common Areas and Open Space.
(E) Utility and paving design specifications shall comply with the requirements
and guidelines of the North Central Texas Council of Governments, Texas Commission
on Environmental Quality, Texas Department of State Health Services, Upper Trinity
Regional Water District, Denton County and Mustang Water Supply Corporation as they
exist at the time of construction of any structure/building on the Property.
(F) All drainage facilities shall be designed and constructed with capacity
sufficient to carry storm water flows for a 100 -year storm, as required by Denton County
regulations, as they now exist or may be amended.
(G) Fire hydrants and fire lanes shall be installed in all developments on the
Property, in accordance with all State of Texas requirements. Water service shall meet
minimum State fire flow requirements for residential and commercial development, as
applicable.
4
(H) Aubrey shall maintain plans and drawings of utilities, streets and drainage
facilities for all operating systems on the Property. Aubrey agrees to allow Prosper, or
its designated engineer, reasonable access to the drawings, as requested by Prosper.
(1) To ensure compliance with the terms of this Agreement, Aubrey shall
provide Prosper with copies of any development plans, including but not limited to
zoning applications, plat applications, development applications and utility construction
permits, relative to the Property within thirty (30) days of receipt of same by Aubrey.
3.4 The (i) invalidation of the annexation of the Property by Aubrey by any
court of competent jurisdiction (no final non -appealable judgment shall be required); or
(ii) failure of Aubrey to annex the Property within one (1) year of Prosper's approval of
this Agreement, shall render this Agreement null and void, and the Property
automatically shall revert back to the ETJ of Prosper with no action required by Prosper
to effectuate such reversion; provided, however, that no such reversion under this
Section shall occur in the event Prosper challenges the validity of Aubrey's annexation
of the Property. In such event, Prosper shall have no obligation to refund the
transaction fee referenced in Section 3.2, above.
3.5 Aubrey, Comanche and Prosper specifically acknowledge and agree that
Prosper shall retain a one -foot (1') strip of its ETJ along, inside and adjacent to the
eastern perimeter of the Property ("ETJ Strip"), and that Prosper shall have no
obligation to maintain or provide any municipal services to or in said ETJ Strip. Said
ETJ Strip shall connect to the northeast corner of property owned by C.M. Jackson and
Wife Oro Jackson (as reflected in attached Exhibit B), proceed north along FM 1385
right-of-way, proceed around the south, west and north boundaries of property owned
by Oliver Hernandez Flores (as reflected in attached Exhibit B), and then north to the
northeast corner of said 145 -acre Property which is the subject of this Agreement.
Aubrey and Comanche agree that this ETJ Strip shall remain in Prosper's ETJ and shall
be immune from annexation by Aubrey for any reason, and shall never become part of
or otherwise included in the boundaries or territory of any special district authorized by
state law, including but not limited to a municipal utility district, fresh water supply
district, special utility district, utility and reclamation district or any other district that may
be created pursuant to state law. This provision is a material term of this Agreement,
and in the event of annexation by Aubrey of the ETJ Strip, this Agreement shall be null
and void. Further, in the event of annexation of the ETJ Strip by Prosper, both
Comanche and Aubrey consent to the inclusion of the ETJ Strip in such annexation.
Prosper hereby consents to the construction of utilities, roadways and other public
infrastructure across the ETJ Strip.
3.6 Prosper and Aubrey shall each prepare or have prepared revised
jurisdictional maps that reflect the corresponding release and exclusion of the Property
from the ETJ of Prosper and the acceptance and expansion of ETJ to Aubrey.
5
ARTICLE IV
ADDITIONAL PROVISIONS
4.1 The recitals contained in this Agreement: (a) are true and correct as of the
Effective Date; (b) form the basis upon which the Parties negotiated and entered into
this Agreement; (c) are legislative findings of the City Council of Aubrey and Town
Council of Prosper; and (d) reflect the final intent of the Parties with regard to the
subject matter of this Agreement. Further, Comanche agrees to the terms and
conditions contained in this Agreement, specifically those terms and conditions
contained in Section 3.3, above. In the event it becomes necessary to interpret any
provision of this Agreement, the intent of the Parties, as evidenced by the recitals, shall
be taken into consideration and, to the maximum extent possible, given full effect. The
Parties have relied upon the recitals as part of the consideration for entering into this
Agreement and, but for the intent of the Parties reflected by the recitals, would not have
entered into this Agreement.
4.2 All notices referenced in this Agreement shall be in writing, shall be signed
by or on behalf of the Party giving the notice, and shall be effective as follows: (a) on the
3rd business day after being deposited with the United States mail service, Certified
Mail, Return Receipt Requested; or (b) on the day delivered by a private delivery or
private messenger service (such as FedEx or UPS) as evidenced by a receipt signed by
any person at the delivery address (whether or not such person is the person to whom
the notice is addressed). All notices given pursuant to this section shall be addressed
as follows:
To Aubrey: Att'n: Mayor
City of Aubrey
107 S. Main Street
Aubrey, Texas 76227
With a copy to: Att'n: Clark McCoy
City Attorney
Wolfe, Tidwell & McCoy, LLP
2591 Dallas Parkway, Suite 205
Frisco, Texas 75034
To Prosper: Att'n: Mayor
Town of Prosper
P.O. Box 307
Prosper, Texas 75078
With a copy to: Att'n: Terrence S. Welch
Town Attorney
Brown & Hofmeister, LLP
740 E. Campbell Road, Suite 800
Richardson, Texas 75081
N.
To Comanche: CADG Comanche 248, LLC
1800 Valley View Lane, Suite 300
Farmers Branch, Texas 75234
Att'n: Mr. Mehrdad Moayedi, President
With a copy to: Att'n: Robert Miklos
1800 Valley View Lane, Suite 300
Farmers Branch, Texas 75234
Any party may change its address or addresses for delivery of notice by
delivering written notice of such change of address to the other party.
4.3 The Parties acknowledge that each has been actively involved in
negotiating this Agreement. Accordingly, the rule of construction that any ambiguities
are to be resolved against the drafting Party will not apply to interpreting this
Agreement. In the event of any dispute over the meaning or application of any provision
of this Agreement, the provision will be interpreted fairly and reasonably and neither
more strongly for nor against any Party, regardless of which party originally drafted the
provision.
4.4 The following Exhibits are attached to this Agreement and are
incorporated herein for all purposes:
Exhibit A: Metes and Bounds of the Property;
Exhibit B: Property Depiction; and
Exhibit C: Annexation Petition.
ARTICLE FIVE
REMEDIES UPON DEFAULT
It is not intended hereby to specify (and this Agreement shall not be considered
as specifying) an exclusive remedy for any default, but all such other remedies existing
at law or in equity may be availed of by either Party hereto and shall be cumulative.
However, recognizing that each Party's undertakings hereunder are obligations, failure
in the performance of which cannot be adequately compensated in money damages
alone, each Party agrees, in the event of any default on its part, that the other Party
shall have available to them the equitable remedy of mandamus and specific
performance in addition to any other legal and equitable remedies which may also be
available. No waiver or waivers of any breach or default (or any breaches or defaults)
by either Party hereto or of performance by the other Party of any duty or obligation
hereunder shall be deemed a waiver thereof in the future, nor shall any such waiver or
waivers be deemed or construed to be a waiver of subsequent breaches, defaults of
any kind, character or description, under any circumstances.
7
ARTICLE SIX
GENERAL PROVISIONS
6.1 No change, amendment or modification of this Agreement shall be made
or be effective except by means of written agreement executed by the Parties hereto.
6.2 Each signatory represents this Agreement has been read by the Party for
which this Agreement is executed and that each Party has had an opportunity to confer
with its counsel.
6.3 Nothing in this Agreement shall be construed to create any right in any
third party not a signatory to this Agreement, and the Parties do not intend to create any
third party beneficiaries by entering into this Agreement.
6.4 This Agreement is subject to all applicable Federal and State law, as they
exist, may be amended or in the future arising, and any applicable permits, ordinances,
rules, orders and regulations of any local, State or Federal governmental authority
having or asserting jurisdiction, but nothing contained herein shall be construed as a
waiver of any right to question or contest any such law, ordinance, order, rule or
regulation in any forum having jurisdiction.
6.5 The Parties hereto specifically agree that in case any one or more of the
sections, subsections, provisions, clauses or words of this Agreement or the application
of such sections, subsections, provisions, clauses or words to any situation or
circumstance shall be, or should be held to be, for any reason, invalid or
unconstitutional, under the laws or constitutions of the State of Texas or the United
States of America, or in contravention of any such laws or constitutions, such invalidity,
unconstitutionality or contravention shall not affect any other sections, subsections,
provisions, clauses or words of this Agreement or the application of such sections,
subsections, provisions, clauses or words to any other situation or circumstances, and it
is intended that this Agreement shall be severable and shall be construed and applied
as if any such invalid or unconstitutional sections, subsection, provision, clause or word
had not been included herein, and the rights and obligations of the Parties hereto shall
be construed and remain in force accordingly.
6.6 This Agreement shall be construed in accordance with the laws of the
State of Texas and shall be performable in Denton County, Texas, which is the County
in which the Property is located. It is specifically agreed between the Parties to this
Agreement that Denton County, Texas, is the place of performance of this Agreement;
and in the event that any legal proceeding is brought to enforce this Agreement or any
provision hereof, the same shall be brought and exclusive venue shall lie in Denton
County, Texas.
6.7 By entering into and executing this Agreement, the Parties agree neither
Prosper nor Aubrey waives, limits or surrenders its sovereign immunity, except as
specifically provided for herein.
E:3
6.8 Except as provided in Section 6.9 below, this Agreement may not be
assigned, in whole or in part, without the prior written approval of all Parties.
6.9 In the event that Comanche sells, conveys or otherwise transfers
ownership of any portion of the Property (a "Sale Tract") to any person or entity (a "New
Owner") other than a homebuilder or an end-user homeowner, prior to such conveyance
Comanche shall require New Owner to execute a joinder to this Agreement pursuant to
which it assumes all of Comanche's obligations hereunder with respect to the Sale Tract
(whereupon New Owner shall be "Comanche" under this Agreement with respect to the
Sale Tract, and, provided it is not in default hereunder, Comanche shall be released
from any further obligations under this Agreement with respect to the Sale Tract).
Neither Prosper nor Aubrey shall be bound to such joinder unless and until it receives
written notice and a fully executed copy thereof.
6.10 Pursuant to the requirements of Section 212.172(f) of the Texas Local
Government Code, this Agreement, all amendments and joinders thereto, and
assignments thereof, shall be recorded in the deed records of Denton County, Texas.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
duly executed in several counterparts, each of which shall constitute an original.
0
APPROVED BY THE TOWN �)UNCIL FOR THE TOWN OF PROSPER,
TEXAS, in its meeting held on theINV ay of2015, and executed
by its authorij—A—Y
entative.
01 P)*
+XA 04 ! elf TOWN OF PROSPER, TEXAS
000
go
z IAL
* = By:
Harlan J , rsc
• Title: Town Manages
ATT T:'�'II11,
Name: P
Title: T
Secretary
APPROVED AS TO FORM:
Name:Terrence 8. Welch
Title: Town Attorney
STATE OF TEXAS )
COUNTY OF COLLIN )
Before me, the undersigned authority, a notary public in and for the State of
Texas, on this day personally appeared Harlan Jefferson, known to me to be the person
whose name is subscribed to the foregoing instrument and acknowledged to me that he
executed the same for the purpose and consideration expressed, and in the capacity
therein stated.
Given under my ha and se)co
off' this day f 2015.
NI blic in and forth State of Tex
M sio expires:
a = hlatat "stR Rl ,state tit Texas
e+
my
ssnen E x tires
Moich 261.
APPROVED BY THE CITY COUNCIL FOR THE CITY OF AUBREY, TEXAS, in
its meeting held on the _ day of „4piri 2015, and executed by its
authorized representative.
O
0IAL
SEAL
a
czy
e
ATTEST: fillt ttt
By:
Name:Jenny Huckabee
Title: City Secretary
APPROVED AS TO FORM:
Name: Clark McCoy
Title: City Attorney
STATE OF TEXAS
COUNTY OF DENTON
CITY OF AUBREY, TEXAS
By.
Roy �agno
Title: Mayor, City of Au ey
Before me, the undersigned authority, a notary public in and for the State of
Texas, on this day personally appeared Roy Magno, known to me to be the person
whose name is subscribed to the foregoing instrument and acknowledged to me that he
executed the same for the purpose and consideration expressed, and in the capacity
therein stated.
Given under my hand and seal of office this day of 2015.
ea Notary public in and for
Notary Public, State oBETexas4iM
r the State of Texas
My Commission Expires My CQmmiSSlOn expires:
"* ; July 05, 2016
11
CADG COMANCHE 248, LLC,
a Texas limited liability company
By: CADG Holdings, LLC,
a Texas limited liability company,
Its Sole Member
By: MMM Ventures, LLC,
a Texas limited liability company,
Its Manager
By: 2M Ventures, LLC,
a Delaware limited liability company,
Its Manager
By:
Name: Mehrdad Moaye&i
Its: Manager
STATE OF TEXAS
COUNTY OF DALLAS
Before me, the undersigned authority, a notary public in and for the State of
Texas, on this day personally appeared Mehrdad Moayedi, known to me to be the
person whose name is subscribed to the foregoing instrument and acknowledged to me
that he executed the same for the purpose and consideration expressed, and in the
capacity therein stated.
Given under my hand and seal of office this day of 5
Notary pu lic ttn,nand the State o, �
f6 exas
goz v[ [,.inr My commission expires:
saiidx3 u0'Gs'WWQ3 AW
ONTIAM I VUnVI
12
EXHIBIT A
Metes and Bounds
13
Page 1 of 2
EXHIBIT A
144.956 ACRES
BEING a tract of land situated in the WILLIAM LUMPKIN SURVEY, ABSTRACT NO. 730, in
Denton County, Texas, and being a portion of a called 162.638 acre tract of land described in a
deed to C.M. Jackson and wife Oro Jackson, recorded in Volume 546, Page 12 of the Real
Property Records of Denton County, Texas and being more particularly described as follows:
BEGINNING at a 5/8 -inch iron rod found for the northeast corner of Lot 3X of Comanche Ridge
Elevated Storage Tank, an addition to Denton County Texas according to the plat thereof
recorded in Cabinet X, Page 264, of said Real Property Records, and the southeast corner of
said 162.638 acre tract of land described in a deed to C.M. Jackson and wife Oro Jackson
recorded in Volume 546, Page 12 of said Real Property Records;
THENCE North 88 degrees 29 minutes 23 seconds West, along the approximate center of
Bryan Road and the north line of said Lot 3X at 20.00 feet passing the common Northeast
corner of Lot 2X of said Comanche Ridge Elevated Storage Tank and northwest corner of said
Lot 3X, in all a distance of 1090.27 feet to a 5/8 -inch iron rod with cap marked "PETITT-RPLS
4087" found for corner;
THENCE North 88 degrees 29 minutes 23 seconds West, along the approximate center of
Bryan Road and the north line of said Lot 2X, a distance of 1169.73 feet to a point for the
northwest corner of said Lot 2X and the northeast corner of a called 13.400 acre tract of land
described in a deed to Denton County Fresh Water Supply District recorded as County Clerk
Document Number 2012-42405 of said Real Property Records;
THENCE North 88 degrees 25 minutes 41 seconds West, continuing along the approximate
center of Bryan Road, a distance of 1022.80 to a point for the southwest corner of said 162.638
acre tract and the most easterly southeast corner of a called 173.543 acre tract of land
described in a deed to Denton County 250, L.P., recorded in Volume 5347, Page 4702 of said
Real Property Records;
THENCE North 01 degree 25 minutes 39 seconds East, along the west line of said 162.638
acre tract and the east line of said 173.545 acre tract, a distance of 2221.35 feet to a 1/2 -inch
iron rod found for the northwest corner of said 162.638 acre tract;
THENCE South 88 degrees 34 minutes 59 seconds East, along the north line of said 162.638
acre tract, a distance of 3285.08 feet to a point for corner;
THENCE over and across said 162.638 acre tract of land, the following courses to points for
corner:
South 01 degree 29 minutes 13 seconds West, a distance of 438.48 feet;
North 88 degrees 34 minutes 59 seconds West, a distance of 261.52 feet;
South 01 degrees 25 minutes 02 seconds West, a distance of 252.00 feet;
South 88 degrees 34 minutes 59 seconds East, a distance of 261.52 feet;
South 01 degrees 32 minutes 05 seconds West, a distance of 687.31 feet;
South 88 degrees 29 minutes 23 seconds East, a distance of 1.00 foot to a point for
corner located on the westerly right-of-way line of Farm to Market Road 1385 (a variable
width right-of-way);
Page 2 of 2
THENCE South 01 degrees 32 minutes 05 seconds West, a distance of 850.00 feet to the
POINT OF BEGINNING and containing 166.231 acres of land, more or less, save and except
the following described 21.275 acre tract of land, leaving a net area of 144.956 acres of land,
more or less:
SAVE AND EXCEPT TRACT
BEING a tract of land situated in the WILLIAM LUMPKIN SURVEY, ABSTRACT NO. 730, in
Denton County, Texas, and being a portion of a called 162.638 acre tract of land described in a
deed to C.M. Jackson and wife Oro Jackson, recorded in Volume 546, Page 12 of the Real
Property Records of Denton County, Texas, and being more particularly described as follows:
BEGINNING at a 5/8 -inch iron rod found for the northeast corner of Lot 3X of Comanche Ridge
Elevated Storage Tank, an addition to Denton County Texas according to the plat thereof
recorded in Cabinet X, Page 264, of said Real Property Records, and the southeast corner of a
tract of land described in a deed to C.M. Jackson and wife Oro Jackson recorded in Volume
546, Page 12 of said Real Property Records;
THENCE North 88 degrees 29 minutes 23 seconds West, along the approximate center of
Bryan Road and the north line of said Lot 3X at 20.00 feet pass the common Northeast corner of
Lot 2X of said Comanche Ridge Elevated Storage Tank and northwest corner of said Lot 3X, in
all a distance of 1090.27 feet to a 5/8 -inch iron rod with cap marked "PETITT-RPLS 4087" set
for corner;
THENCE North 01 degrees 32 minutes 05 seconds East, a distance of 850.00 feet to a 5/8 -inch
iron rod with cap marked "PETITT-RPLS 4087" set for corner;
THENCE South 88 degrees 29 minutes 23 seconds East, a distance of 1090.27 feet to a 5/8 -
inch iron rod with cap marked "PETITT-RPLS 4087" set for corner, said iron rod lying in the west
line of F.M. 1385;
THENCE South 01 degrees 32 minutes 05 seconds West, along the said west line of F.M. 1385,
a distance of 850.00 feet to the POINT OF BEGINNING and containing 21.275 acres of land,
more or less.
EXHIBIT B
Property Depiction
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EXHIBIT C
Annexation Petition
15
VOLUNTARY PETITION FOR ANNEXATION
TO THE CITY OF AUBREY, TEXAS
STATE OF TEXAS
COUNTY OF DENTON
This Voluntary Petition for the Annexation of a Sparsely Occupied Area, is submitted by
CADG Comanche 248, LLC, a Texas limited liability company (the "L g pwner") to the City of
Aubrey, Texas (the "City").
SECTION 1. The undersigned Landowner owns approximately 145 acres of real property,
(the "Property"), which described by metes and bounds on Exhibit A and depicted on Exhibit B
attached hereto and made a part hereof for all purposes.
SECTION 2. The City is a general -law municipality of the State of Texas, located in Denton
County.
SECTION 3. The Landowners hereby petition the City Council to annex the Property into the
corporate limits of the City of Aubrey pursuant to the requirements of Chapter 43.028 of the Texas
Local Government Code, as amended.
SECTION 4. The City may into an Extraterritorial Jurisdiction ("ETJ") Allocation Agreement
with the Town of Prosper pursuant to Section 42.022(d) of the Texas Local Government Code as
amended.
SECTION 5. The Town of Prosper may allocate the Property to the ETJ of the City effective
upon annexation of a tract or parcel in conjunction with an ETJ Allocation Agreement pursuant to
Section 42.022(d) of the Texas Local Government Code, as amended, and reduce the Town of
Prosper's ETJ in accordance to Section 42.023 of the Texas Local Government Code, as amended.
SECTION 6. The City may annex area contiguous to the City, that is one-half mile or less in
width, and that is vacant and without residents or on which fewer than three qualified voters reside
pursuant to Chapter 43.028 of the Texas Local Government Code, as amended.
RESPECTFULLY SUBMITTED this ,21h day of October, 2014 4, )
LANDOWNER
CADG Comanche 248, LLC,
a Texas limited liability company
By: CADG Holdings, LLC,
a Texas limited liability company,
Its Sole Member
By: MMM Ventures, LLC,
a Texas limited liability company,
Its Manager
By: 2M Ventures, LLC,
a Delaware limited liability company,
Its Manager
By: �W---'
Name: Mehrdad Moa�edi
Its: Manager
STATE OF TEXAS §
COUNTY OF DENTON
This instrument was acknowledged before me on then�day okTh� 2014, by Mehrdad
Moayedi, the Manager of CADG Comanche 248, LLC, a Texas limited liability company on
behalf of such company.
CYNTHIA COLLETT
My Commission Expires otary Public, State of Texas
04 February 20, 2017
NCO
Metes and Bounds
Page I of 2
TRACT D
145.000 ACRES
BEING a tract of land situated in the WILLIAM LUMPKIN SURVEY, ABSTRACT NO. 730, in
Denton County, Texas, and being a portion of a called 162.638 acre tract of land described in a
deed to C.M. Jackson and wife Oro Jackson, recorded in Volume 546, Page 12 of the Real
Property Records of Denton County, Texas and being more particularly described as follows:
BEGINNING at a 5/8 -inch iron rod found for the northeast corner of Lot 3X of Comanche Ridge
Elevated Storage Tank, an addition to Denton County Texas according to the plat thereof
recorded in Cabinet X, Page 264, of said Real Property Records, and the southeast corner of
said 162.638 acre tract of land described in a deed to C.M. Jackson and wife Oro Jackson
recorded in Volume 546, Page 12 of said Real Property Records;
THENCE North 88 degrees 29 minutes 23 seconds West, along the approximate center of
Bryan Road and the north line of said Lot 3X at 20.00 feet passing the common Northeast
comer of Lot 2X of said Comanche Ridge Elevated Storage Tank and northwest comer of said
Lot 3X, in all a distance of 1090.27 feet to a 5/8 -inch iron rod with cap marked "PETITT-RPLS
4087' found for corner;
THENCE North 88 degrees 29 minutes 23 seconds West, along the approximate center of
Bryan Road and the north line of said Lot 2X, a distance of 1169.73 feet to a point for the
northwest corner of said Lot 2X and the northeast corner of a called 13.400 acre tract of land
described in a deed to Denton County Fresh Water Supply District recorded as County Clerk
Document Number 2012-42405 of said Real Property Records;
THENCE North 88 degrees 25 minutes 41 seconds West, continuing along the approximate
center of Bryan Road, a distance of 1022.80 to a point for the southwest corner of said 162.638
acre tract and the most easterly southeast corner of a called 173.543 acre tract of land
described in a deed to Denton County 250, L.P., recorded in Volume 5347, Page 4702 of said
Real Property Records;
THENCE North 01 degree 25 minutes 39 seconds East, along the west line of said 162.638
acre tract and the east line of said 173.545 acre tract, a distance of 2221.35 feet to a 1/2 -inch
iron rod found for the northwest comer of said 162.638 acre tract;
THENCE South 88 degrees 34 minutes 59 seconds East, along the north line of said 162.638
acre tract, a distance of 3286.08 feet to a 1/2 -inch iron rod found in the west line of said F.M.
1385, said point also being the northeast corner of a called 5.00 acre tract to C.M. Jackson and
wife Oro Jackson as recorded in Volume 546, Page 14, Deed Records Denton County, Texas;
THENCE South 01 degree 29 minutes 13 seconds West, along the east line of said called 5.00
acre tract, and the west line of F.M. 1385 a distance of 439.48 feet to a point for comer, said
comer being the northeast comer of a called 1.5 acre tract of land described in a deed to
William R. Snyder, recorded in Document No. 2004-28727 said Real Property Records;
THENCE North 88 degrees 34 minutes 59 seconds West, along the common north boundary
line of said 1.5 acre tract and the easterly boundary line of said 5.00 acre tract, a distance of
261.52 feet to a point for corner;
Page 2 of 2
THENCE South 01 degrees 25 minutes 02 seconds West, along the common west boundary
line of said 1.5 acre tract and the easterly boundary line of said 5.00 acre tract, a distance of
250.00 feet to a point for corner;
THENCE South 88 degrees 34 minutes 59 seconds East, along the common most easterly
north boundary line of said 162.638 acre tract, and the south boundary line of said 5.000 acre
tract a distance of 261.52 feet to a 112 -inch iron rod found in the west line of said F.M. 1385,
said point also being in the east line of said 5.00 acre tract;
THENCE South 01 degrees 32 minutes 05 seconds West, 1538.31 feet to the POINT OF
BEGINNING and containing 166.275 acres of land, more or less, save and except the following
described 21.275 acre tract of land, leaving a net area of 145.000 acres of land, more or less:
SAVE AND EXCEPT TRACT
BEING a tract of land situated in the WILLIAM LUMPKIN SURVEY, ABSTRACT NO. 730, in
Denton County, Texas, and being a portion of a called 162.638 acre tract of land described in a
deed to C.M. Jackson and wife Oro Jackson, recorded in Volume 546, Page 12 of the Real
Property Records of Denton County, Texas, and being more particularly described as follows:
BEGINNING at a 5/8 -inch iron rod found for the northeast corner of Lot 3X of Comanche Ridge
Elevated Storage Tank, an addition to Denton County Texas according to the plat thereof
recorded in Cabinet X, Page 264, of said Real Property Records, and the southeast corner of a
tract of land described in a deed to C.M. Jackson and wife Oro Jackson recorded in Volume
546, Page 12 of said Real Property Records;
THENCE North 88 degrees 29 minutes 23 seconds West, along the approximate center of
Bryan Road and the north line of said Lot 3X at 20.00 feet pass the common Northeast corner of
Lot 2X of said Comanche Ridge Elevated Storage Tank and northwest corner of said Lot 3X, in
all a distance of 1090.27 feet to a 5/8 -inch iron rod with cap marked "PETITT-RPLS 4087" set
for corner;
THENCE North 01 degrees 32 minutes 05 seconds East, a distance of 850.00 feet to a 518 -inch
iron rod with cap marked "PETITT-RPLS 4087" set for corner;
THENCE South 88 degrees 29 minutes 23 seconds East, a distance of 1090.27 feet to a 5/8 -
inch iron rod with cap marked "PETITT-RPLS 4087" set for corner, said iron rod lying in the west
line of F.M. 1385;
THENCE South 01 degrees 32 minutes 05 seconds West, along the said west line of F.M. 1385,
a distance of 850.00 feet to the POINT OF BEGINNING and containing 21.275 acres of land,
more or less.
EXHIBIT B
Property Depiction
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