17-54 - RTOWN OF PROSPER, TEXAS
RESOLUTION NO. 17-54
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, ALLOCATING CERTAIN PROPERTY TO THE CITY OF AUBREY'S
EXTRATERRITORIAL JURISDICTION; RELEASING AND WAIVING ANY AND
ALL CLAIMS OF INTEREST OR ENTITLEMENT BY THE TOWN OF PROSPER
TO CERTAIN PROPERTY CONTIGUOUS TO THE EXISTING
EXTRATERRITORIAL JURISDICTION OF THE CITY OF AUBREY, AS MORE
FULLY DESCRIBED HEREIN; AUTHORIZING THE TOWN MANAGER TO
TAKE ANY AND ALL ACTIONS NECESSARY TO EFFECTUATE THE
FOREGOING BY EXECUTING THE DOCUMENTS REFERENCED HEREIN;
PROVIDING FOR THE TOWN COUNCIL'S CONSENT TO SAME; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, a private landowner owns approximately 18.256 acres in the extraterritorial
jurisdiction ("ETJ") of the Town of Prosper, Texas ("Prosper"), which property is part of an
approximate 2,422 -acre tract of land more particularly described in Ordinance No. 351-04 of the
City of Aubrey, Texas (Aubrey"), incorporated by reference; and
WHEREAS, Section 42.023 of the Texas Local Government Code authorizes Prosper to
reduce and release portions of its ETJ; and
WHEREAS, Prosper and the City of Aubrey, along with the owner and developer of the
property described in City of Aubrey Ordinance No. 351-04, have negotiated an Agreement
relative to the Town's release of its ETJ in favor of Aubrey, along with certain development
restrictions to be enforced on the approximately 18.256 -acre tract to be released by Prosper; and
WHEREAS, Prosper also has agreed to waive any claims to certain property that arguably
was located in Prosper's ETJ, but such contention was disputed by the City of Aubrey, the owner
and developer relative to such property.
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 (1)
the "Interlocal Agreement Between the Town of Prosper and the City of Aubrey for the Allocation
of Extraterritorial Jurisdiction (ETJ), Request for Inclusion in Aubrey's ETJ by Sandbrock
Investments, Inc., and Development Agreement Between the Town of Prosper and Horizon/Deer
Creek Development Corporation"; (2) the "Agreement Between the Town of Prosper,
Horizon/Deer Creek Development Corporation and Sandbrock Investments, Inc., for Waiver of
Claims to Extraterritorial Jurisdiction"; and (3) take any and all other actions necessary to
effectuate the same. This Resolution shall constitute consent by the Town Council to the terms
and conditions contained in said Agreements.
SECTION 3
This Resolution is effective immediately upon its passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXA'k,V�t# ,9 Y OF JULY, 2017.
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Ray Smit , Mayor
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ATTEST: ����, 6,rra'na•••••••r•• \~
Robyn Batt1b, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Resolution No. 17-54, Page 2
Recorded On: October 16, 2017 01:02 PM
Total Recording: $134.00
Denton County
Jul! Luke
County Clerk
Instrument Number: 127588
Real Property Recordings
AGREEMENT
Number of Pages: 28
" Examined and Charged as Follows: "
*********** 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:
Receipt Number:
Recorded Date/Time:
User:
Station:
127588
20171016000360
October 16, 2017 01:02 PM
Jane K
Station 9
Record and Return To:
TOWN OF PROSPER
TOWN SECRETARY
P.O. BOX 307
PROSPER TX 75078
.•�•
STATE OF TEXAS
'.
COUNTY OF DENTON
I hereby certify that this Instrument was FILED In the File Number sequence on the date/time
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printed hereon, and was duly RECORDED in the Official Records of Denton County, Texas.
Juli Luke
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County County Clerk
Denton County, TX
After Recording Return to:
Town Secretary
Town of Prosper, Texas
P.O. Box 307
Prosper, Texas 75078
INTERLOCAL AGREEMENT BETWEEN THE TOWN OF PROSPER AND THE CITY
OF AUBREY FOR THE ALLOCATION OF EXTRATERRITORIAL JURISDICTION
[ETJ], REQUEST FOR INCLUSION IN AUBREY'S ETJ BY SANDBROCK
INVESTMENTS, INC., AND DEVELOPMENT AGREEMENT BETWEEN THE TOWN
OF PROSPER AND HORIZON/DEER CREEK DEVELOPMENT CORPORATION
THIS INTERLOCAL AGREEMENT BETWEEN THE TOWN OF PROSPER AND
THE CITY OF AUBREY FOR THE ALLOCATION OF EXTRATERRITORIAL
JURISDICTION (ETJ), REQUEST FOR INCLUSION IN AUBREY'S ETJ BY
SANDBROCK INVESTMENTS, INC., AND DEVELOPMENT AGREEMENT BETWEEN
THE TOWN OF PROSPER AND HORIZON/DEER CREEK DEVELOPMENT
CORPORATION ("Agreement") is entered into to be effective on the date that the last
approving Party executes the Agreement (1) under and in accordance with the provisions
of the Interlocal Cooperation Act, Chapter 791, Texas Government Code, by and between
the TOWN OF PROSPER, TEXAS, a home -rule municipality ("Prosper"), and the CITY
OF AUBREY, TEXAS ("Aubrey"), a general law municipality, (2) a request for inclusion
by SANDBROCK INVESTMENTS, INC. ("Owner"), for property it owns, described herein,
to be included in the extraterritorial jurisdiction of Aubrey concurrent with the allocation of
ETJ between Prosper and Aubrey, pursuant to Section 42.022 of the Texas Local
Government Code, and (3) under and in accordance with the provisions of Section
212.172 of the Texas Local Government Code, by and between Prosper and
Horizon/Deer Creek Development Corporation, a Texas corporation (`Developer").
Prosper and Aubrey are sometimes collectively referred to as "the Municipalities" and
together with Developer, are sometimes referred to collectively as the "Parties" or
individually as a "Party."
ARTICLE ONE
RECITALS
1.1 WHEREAS, the Interlocal Cooperation Act authorizes any local government to
contract with one or more local governments to perform governmental functions
and services under the terms of the Act; and
1.2 WHEREAS, Section 42.023 of the Texas Local Government Code authorizes
Prosper to reduce its extraterritorial jurisdiction ("ETJ") by ordinance or resolution;
and Section 212.172 of the Texas Local Government Code authorizes Prosper to
make a written contract with an owner of land that is located in the Prosper ETJ to
authorize enforcement by Prosper of certain development and land use regulations
and address other lawful terms and considerations Prosper and Developer
consider appropriate; and
INTERLOCAL AGREEMENT FOR ETJ ALLOCATION, REQUEST FOR INCLUSION IN AUBREY's ETJ, AND
DEVELOPMENT AGREEMENT—Page 1 TM 88975
1.3 WHEREAS, Section 42.022(d), Texas Local Government Code, as amended,
authorizes a municipality to enter into an agreement to allocate property within that
municipality's ETJ to another municipality; and
1.4 WHEREAS, Section 42.022(b), Texas Local Government Code, as amended,
allows a property owner to request inclusion in a municipality's ETJ if the area is
contiguous to existing ETJ of that municipality; and
1.5 WHEREAS, all property in this Agreement is contiguous and adjacent to existing
municipal boundaries and ETJ areas; and
1.6 WHEREAS, it is anticipated that Developer shall develop property which is
currently in Prosper's ETJ, a description of which property is defined and/or
depicted herein; and
1.7 WHEREAS, Developer agrees to be subject to the terms and conditions of this
Agreement, and that such terms and conditions shall run with the land and be
binding on any future successors or assigns of Developer.
NOW, THEREFORE, this Agreement is made and entered into by Prosper,
Aubrey, Owner and Developer, upon and for the mutual consideration hereinafter stated,
which entities hereby agree and understand as follows:
ARTICLE TWO
REPRESENTATIONS/CONSIDERATIONS
2.1 Representations.
(A) The Parties believe that the Recitals set forth above are true and correct in
all material respects and are hereby incorporated into the body of this
Agreement as though fully set forth in their entirety herein.
(B) Each of the Parties acknowledges and agrees that it has the requisite power
and authority to enter into this Agreement; that this Agreement has been
duly authorized and approved by its respective governing body and/or
Owner and/or Developer; and that the person executing the Agreement on
each such entity's behalf has been duly authorized to do so.
2.2 Consideration. The Parties acknowledge and agree that the obligations, rights
and benefits provided herein are mutual and supported by adequate consideration.
INTERLOCAL AGREEMENT FOR ETJ ALLOCATION, REQUEST FOR INCLUSION IN AUBREY'S ETJ, AND
DEVELOPMENT AGREEMENT—Page 2 TM 88975
ARTICLE THREE
PROPERTY SUBJECT TO ALLOCATION
3.1 Property Subject to Allocation. The Parties agree and acknowledge that an
approximate 18.256 acre tract of land, depicted in Exhibit A, attached hereto and
incorporated by reference, is currently in the ETJ of Prosper ("Prosper ETJ Tract").
Owner is the owner of said approximate 18.256 acre tract of land.
3.2 Allocation of Prosper ETJ Tract to Aubrey. The Municipalities acknowledge
and agree that the approximate 18.256 acre Prosper ETJ Tract shall become part
of Aubrey's ETJ, and Aubrey agrees to take all such steps necessary to include
the approximate 18.256 acre tract in its ETJ. This Agreement is and shall be
deemed a request by Owner as the owner of the 18.256 acre tract for Aubrey's
extension of its ETJ, pursuant to Section 42.022(b) of the Texas Local Government
Code.
3.3 Prosper's Release of ETJ. Prosper agrees that, upon the Effective Date of this
Agreement, concurrent with the adoption of a Town Resolution authorizing the
execution of this Agreement, the Prosper ETJ Tract is released from Prosper's
ETJ, thereby reducing Prosper's ETJ. The Municipalities acknowledge that the
remainder of the adjacent land owned by Owner, consisting of approximately 2,422
acres and described in Exhibit "B," is within Aubrey's ETJ. The Municipalities
intend that the approximate 18.256 acre tract shall become part of Aubrey's ETJ.
Notwithstanding any matter in this Agreement, this Agreement shall not affect or
otherwise change any Prosper corporate limits or Prosper ETJ except as
specifically set forth herein. This Agreement shall not inure to the benefit of any
party not a signatory to this Agreement.
3.4 Mutual Release of Claims by Municipalities. By executing this Agreement, each
Municipality releases any and all claims it may have against the other Municipality
relative to the Prosper ETJ Tract.
ARTICLE FOUR
DEVELOPMENT BUILDING RESTRICTIONS
Developer agrees to restrict Developer's use and development of the approximate
18.256 acre tract in accordance with this Paragraph as follows:
(A) The average density within the Prosper ETJ Tract shall not exceed 4.25
single family dwelling units per gross acre.
(B) Multifamily residential dwelling units shall not be permitted within the
Prosper ETJ tract.
(C) Within the Prosper ETJ Tract, the exterior facades of a main building or
structure, excluding glass windows and doors, shall be constructed of ninety
INTERLOCAL AGREEMENT FOR ETJ ALLOCATION, REQUEST FOR INCLUSION IN AUBREY'S ETJ, AND
DEVELOPMENT AGREEMENT—Page 3 TM 88975
percent (90%) masonry, as defined herein. ,For purposes of this Paragraph,
"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 five percent (5%) of the total restricted acreage (0.91 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, Denton County and Mustang Water Supply Corporation as they
exist at the time of construction of any buildings on the Prosper ETJ Tract.
(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
Prosper ETJ Tract, in accordance with all State of Texas requirements.
Water service shall meet minimum State fire flow requirements for
residential and commercial development, as applicable.
(H) Developer shall maintain plans and drawings of utilities, streets and
drainage facilities for all utility operating systems. Developer agrees to
allow Prosper, or its designated engineer, reasonable access to the
drawings, as requested by Prosper.
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.
INTERLOCAL AGREEMENT FOR ETJ ALLOCATION, REQUEST FOR INCLUSION IN AUBREY'S ETJ, AND
DEVELOPMENT AGREEMENT—Page 4 TM 88975
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.
ARTICLE SIX
INDEMNIFICATION
6.1 TO THE EXTENT ALLOWED BY LAW, EACH PARTY AGREES TO DEFEND,
INDEMNIFY, AND HOLD HARMLESS THE OTHER (AND ITS OFFICERS,
AGENTS AND EMPLOYEES) FROM AND AGAINST ALL CLAIMS OR CAUSES
OF ACTION FOR INJURIES (INCLUDING DEATH), PROPERTY DAMAGES
(INCLUDING LOSS OF USE), AND ANY OTHER LOSSES, DEMANDS, SUITS,
JUDGMENTS, AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES
AND EXPENSES, IN ANY WAY ARISING OUT OF, OR RELATED TO, OR
RESULTING FROM ITS PERFORMANCE UNDER THIS AGREEMENT, OR
CAUSED BY ITS NEGLIGENT ACTS OR OMISSIONS (OR THOSE OF ITS
RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, OR ANY OTHER THIRD
PARTIES FOR WHOM IT IS LEGALLY RESPONSIBLE) IN CONNECTION WITH
PERFORMING THIS AGREEMENT.
6.2 THIS ARTICLE SIX SHALL SURVIVE THE TERMINATION OF THIS
AGREEMENT.
ARTICLE SEVEN
GENERAL PROVISIONS
7.1 Term of Agreement. This Agreement shall be deemed effective on and from the
date that this Agreement is approved by the Municipalities, Owner and Developer
("Effective Date"), whichever approval occurring last being deemed the Effective
Date.
7.2 Modification. 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.
7.3 Addresses and Notice. Unless otherwise provided herein, any notice,
communication, request, reply or advise (herein severally and collectively, for
convenience, called "Notice") herein provided or permitted to be given, made or
accepted by either Party to any other Party must be in writing and may be given or
INTERLOCAL AGREEMENT FOR ETJ ALLOCATION, REQUEST FOR INCLUSION IN AUBREY'S ETJ, AND
DEVELOPMENT AGREEMENT—Page 5 TM 88975
be served by depositing the same in the United States mail postpaid and registered
or certified and addressed to the Party to be notified, with return receipt requested,
or by delivering the same to an officer of such Party, or by prepaid telegram when
appropriate, addressed to the Party to be notified. Notice deposited in the mail in
the manner described above shall be conclusively deemed to be effective, unless
otherwise stated herein, from and after the expiration of three (3) days after it is so
deposited. Notice given in any other manner shall be effective only if and when
received by the Party to be notified. For any purposes of notice, the addresses of
the Parties shall, until changed as hereinafter provided, be as follows:
If to Prosper, to: Town of Prosper
P.O. Box 307
Prosper, Texas 75078
Attention: Town Manager
If to Aubrey, to: City of Aubrey
107 S. Main Street
Aubrey, Texas 76227
Attention: City Administrator
If to Developer, to: Horizon/Deer Creek Development Corp.
5760 Legacy Drive, Suite 133-338
Plano, TX 75024
Attention: Rod Sanders
and to: Jackson Walker LLP
2323 Ross Avenue, Suite 600
Dallas, TX 75201
Attention: Myron Dornic, Attorney at Law
If to Owner, to: Sandbrock Investments, Inc.
5760 Legacy Drive, Suite 133-412
Plano, TX 75024
Attention: Brad Gahm
The Parties hereto shall have the right from time to time and at any time to change
their respective addresses and each shall have the right to specify as its address
any other address by at least fifteen (15) days' written notice to the other Party
hereto.
7.4 Representations. 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.
7.5 No Third Party Beneficiaries. 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.
INTERLOCAL AGREEMENT FOR ETJ ALLOCATION, REQUEST FOR INCLUSION IN AUBREY'S ETJ, AND
DEVELOPMENT AGREEMENT—Page 6 TM 88975
7.6 State or Federal Laws, Rules, Orders or Regulations. 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.
7.7 Savings/Severability. 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.
7.8 Venue. 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 Prosper ETJ Tract 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.
7.9 Sovereign Immunity. By entering into and executing this Agreement, the Parties
agree the Municipalities do not waive, limit or surrender their respective sovereign
immunity, except as specifically provided for herein.
7.10 Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted
equally by the Parties hereto. The language of all parts of this Agreement shall be
construed as a whole according to its fair meaning, and the presumption or
principle that the language herein is to be construed against either Party shall not
apply. Headings in this Agreement are for the convenience of the Parties and are
not intended to be used in construing this Agreement.
7.11 Assignment. Except as provided in Paragraph 7.12 below, this Agreement may
not be assigned, in whole or in part, without the prior written approval of all Parties.
INTERLOCAL AGREEMENT FOR ETJ ALLOCATION, REQUEST FOR INCLUSION IN AUBREY'S ETJ, AND
DEVELOPMENT AGREEMENT—Page 7 TM 88975
7.12 Conveyance of Tract. In the event that Owner sells, conveys or otherwise
transfers ownership of any portion of the Prosper ETJ Tract (a "Sale Tract") to any
person or entity (a "New Owner") other than a homebuilder or an end-user
homeowner, prior to such conveyance Owner shall require New Owner to execute
a joinder to this Agreement pursuant to which it assumes all of Owner's obligations
hereunder with respect to the Sale Tract (whereupon New Owner shall be the
"Developer" under this Agreement with respect to the Sale Tract, and, provided it
is not in default hereunder, Developer shall be released from any further
obligations under this Agreement with respect to the Sale Tract).
7.13 Recordation. 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.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
duly executed in several counterparts, each of which shall constitute an original.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
INTERLOCAL AGREEMENT FOR ETJ ALLOCATION, REQUEST FOR INCLUSION IN AUBREY'S ETJ, AND
DEVELOPMENT AGREEMENT—Page 8 TM 88975
APPROVED BY THE TOWNUNCIL FOR THE TOWN OF PROSPER,
TEXAS, at its meeting held on the c:RS ay of Ttk , 2017, and executed
by its authorized representative.
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Name: RobyA Battle
Title: TovyIh Secretary
APPROVED AS TO FORM:
Name:Terrence S. Welch
Title: Town Attorney
STATE OF TEXAS )
7
COUNTY OF COLLIN )
TOWN OF PROSPE
By: AM
Harlan
Title: Town I
Town of Prosper
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 had f and seal o i e thi � day f �-1 , 2017
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blic in and for M Sfate f T
ission expires:
MARSA M. WAGES
Notary Public, State of Texas
•. �. My Commission Expires
Mach 26, 2018
INTERLOCAL AGREEMENT FOR ETJ ALLOCATION, REQUEST FOR INCLUSION IN AUBREY'S ETJ, AND
DEVELOPMENT AGREEMENT—Page 9
APPROVED BY THE CITY COUNCIL FOR THE CITY OF AUBREY, TEXAS, at
its meeting held on the�— day of 2017, and executed by its
authorized represe!$a**ij%
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` �' } CITY OF AUBREY TEXAS
• OFFICIAL';
SEAL T By:
Y,=Ic��`` Title: ayor, City of Ari rey
ATTEST: '`�iro r�3���°�° i
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Name:Jenny Huckabee
Title: City Secretary
APPROVED AS TO FORM:
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Name: David Berman
Title: Town Attorney
STATE OF TEXAS
COUNTY OF DENTON
Before me, the undersigned authority, a notary public in and for the State of Texas,
on this day personally appeared ,I*&W HL? S , 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 Iq day of 5� &"- , 2017.
E
NIFER D, HUCKASEE
y Public, State of Texas
m. Expires 07-05-2020Notary public in and for the State of Texas
lafy ID 129043943�1
My commission expires: 07 -os -a0zo
INTERLOCAL AGREEMENT FOR ETJ ALLOCATION, REQUEST FOR INCLUSION IN AUBREY's ETJ, AND
DEVELOPMENT AGREEMENT—Page 10 TM 88975
APPROVED BY DEVELOPER on the
and executed by its authorized representative.
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STATE OF TEXAS )
COUNTY OF 4 -)[In )
day of 2017,
HORIZON/DEER CREEK DEVELOPMENT
CORPORATION,
a Texas corp-oration
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By:
Name: FS
Title: L5i c+'
This instrument was acknowledged before me onC1641- , 2017, by
�f �e� free,') dery of Horizon/ ee Creek Development
Corpora Ion, a Texas corporation, on behalf of said corporation.
Notary p bllc in and fort a State of Texas
My co ission expires: d /
INTERLOCAL AGREEMENT FOR ETJ ALLOCATION, REQUEST FOR INCLUSION IN AUBREY'S ETJ, AND
DEVELOPMENT AGREEMENT—Page 11
APPROVED BY OWNER on the JAday of
executed by its authorized representative.
P&
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STATE OF TEXA
SLCOUNTY OF}
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2017, and
SANDBROCK INVESTMENTS, INC.,
a TE
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�hs instru ent was cknowle ged
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corporation, on behalf of said corporation..
before me on F 2017, by
— of Sandbrock vesgnents, Inc., a Texas
Notary p, b is in and for thk Sa of T xas
My comrb_is�sion expires:
INTERLOCAL AGREEMENT FOR ETJ ALLOCATION, REQUEST FOR INCLUSION IN AUBREY'S ETJ, AND
DEVELOPMENT AGREEMENT—Page 12
EXHIBIT A
Depiction of Prosper ETJ Tract
EXHIBIT A
18.256 ACRE BOUNDARY
SHEET 1 OF 2
LEGAL DESCRIPTION
BEING a tract of land located in Denton County, Texas, a part of the William Lumpkin
Survey, Abstract Number 730, and being a part of a called 2,439.8661 acre tract of land
described in a special warranty deed from David Nichols, et of to Sandbrock Investments,
Inc., as recorded in Document Number 2004-1916, Denton County Deed Records, and being
further described as follows:
BEGINNING at the most northerly southeast corner of said Sandbrock tract of land, said
point being the northeast corner of a called 5.00 acre tract of land described in a warranty
deed from Helen Duncan to C M. Jackson and wife, Oro Jackson, as recorded in Volume
546, Page 14, Denton County Deed Records, said point being in the west right—of—line of
Farm—to—Market Highway Number 1385 (a variable width right—of—way);
THENCE North 87 degrees 42 minutes 59 seconds West, 1734.28 feet along the south line
of said Sandbrock tract of land and along the north line of said Jackson tract of land and
along the north line of a called 162.638 acre tract of land described in a warranty deed
from Helen Duncan to C. M. Jackson and wife, Oro Jackson, as recorded in Volume 546,
Page 12, Denton County Deed Records, to a point for corner;
THENCE Northeasterly, 1901.34 feet along a curve to the right which has a central angle of
40 degrees 57 minutes 16 seconds, a radius of 2660.00 feet, and whose chord bears North
71 degrees 01 minutes 03 seconds East, 1861.12 feet to a point for corner in the east line
of said Sandbrock tract of land and in the west right—of—way line of said Form—to Market
Highway Number 1385;
THENCE South 02 degrees 17 minutes 34 seconds West, 675.03 feet along the east line of
said Sandbrock tract of land and along the west line of said Form—to--Market Highway
Number 1385 to the POINT OF BEGINNING and containing 795,245 square feet or 18.256
acres of land,
"This document was prepared under 22 TAC 663.23, does not reflect the results of an on
the ground survey, and is not to be used to convey or establish interests in real property
except those rights and interests implied or established by the creation or reconfiguration
of the boundary 7 the political subdivision for which it was prepared,"
Dan B Ramey I .P.L.S No 4172
October 7, 20 ;5
`(', I F I I ^ ;' A 4N1
...........................
DAN D RAMSLY
...4172
+L' -UI QUUIZUM [AIM., '.,IJI II. 20011
%IM1110H, IrxAS 1-10n,
Drawing: H: \Project s\ROS001 \dwg\ROS001 —MUD EXHIBIT dwg
INTERLOCAL AGREEMENT FOR ETJ ALLOCATION, REQUEST FOR INCLUSION IN AUBREY'S ETJ, AND
DEVELOPMENT AGREEMENT—Page 13 TM 88975
EXHIBIT A
18.256 ACRE BOUNDARY
SHEET 2 OF 2
HOUSE BILL NO. 3534
BOUNDARY LIMITS OF DCMU
DISTRICT N0, 6
CALLED: 2,421.6098 AC.
SANDEIROCK INVESTMENT
DOC NO 2004-191E
CALLED: 2,439.8661
LEGEND
POINT OF BEGINNING
LINE TABLE
LINE BEARING _I LENCTH
L1 NB7'42'S9"W 1734.28'
L2 S02'17'34"W 675.03'
F.M. NO. 1385
CURVE TABLE
EVE I LENGTH RADIUS I DELTA TANGENT 112HD- BEARINGI CHORD
Cl 1 1901.34' 2660.00' 1 40'57'16" 1 993.33' 1 N71'01'03"E 1 1861,12'
-_.MW .Z -400M
1 "= 300'
POB
C.M. JACKSON, ET UX
VOL. 546, PG. 14
CALLED: 5 00 AC.
C M. JACKSON, ET UX
VOL. 546, PG. 12
CALLED: 162.638 AC.
''SChl F DATr DRAWN PRo.jf c r 16301 oUQI1 m 1)mvt.. SUI I[.. 20ou ���
io ni 1; B�Ai �:u:-ann ADoiSorl IrXA,, /.'9101
TRPr I— r Ilk Ir— — Inc'l.— L.
Drawing: H: \Projects\ROS001\dwg\ROS001—MUD EXHIBIT,dwg
INTERLOCAL AGREEMENT FOR ETJ ALLOCATION, REQUEST FOR INCLUSION IN AUBREY'S ETJ, AND
DEVELOPMENT AGREEMENT—Page 14 TM 88975
EXHIBIT IT R
Property Description
BEING a tract of land situated in the W. Lurr pk in Survey. Abstract Na 730 and doe F. Pollard 3arveyt, Ahahact No.
9915 Denton County, Texas, the subject tract consisting of the following fourteen (14) tracts of land; 1hat called
444.096 acre tract conveyed to M.W. Carr. Trusted, according to the SpeciaQ Warranty Deed recorded in Volume
2961, Pings 751 of the Land Records of Dcrt*n County. Texas (LRDCT), thaw tracts conveyed to Mans= Harris,
Trustee as taliows: the sl*6) tracts i =tifwed as Traces One. Two, Sit, Nine, Tea and Eleven according to dwdeed
rwo,rded in Volume 410, Page 361 (LRDCTX dw twm(2) tracts identfhed as Tract No. One and Tract Na Two
accordsrrg to the deed mcog" in Vab=c 419. Page 357 (LRDCT), rhase two(2) tracts Aentifoed as Fxsttrart and
Second tract accooft so do 'Wwraaty Dad reed in Votume 409, Page 370 (LRDCT), a portion of at tract
conveyed by t11e wan nely dead recorded in Volimm 419. page 463 (LRDCT); that tract conveyed 10 ]ttatreg Allison
Cosby. Trusme, according, to the Ganaral Wawa" Dead retwrded in. Volume 6.65, Page 237 (LRDCT); that tract
conveyed to W. Plam Carr, Ci! zccwa diaRiuttra'9fattranelr Dead recorded in; Volume 53+04, Pap 0629; and that tract
convened to WiMarn MacR Carrr Jr. aoeorft to dee CAmeerel Warnntty Deed recorded in VoW me 971, Page 38E
(LRDCT 1, the total subject tract teir;g m* portkularlydesavibed as follovk%
BEGINNING at a point Haat the East line of}l`dtf 2931 send at &e rrm* en corm of a tract of land w reed by said
Mansom Hams, Yrustete nccardwS 116 era did necotdeiI i Volurme 419. Psjp 463 (LRDCT). said beginnnng point
further being f ocated on the 1M" line of Sri . Lumpkin Survey :Abstract No, 739 and ;aWoximare(y 476,4 Feet
Easterly from the northwest comer of said W. Lumob Survey,. a Irr icon pier with a cap stamped Tipton
Engineering, Inc. set at cDrrer, -`root whkh a :wood riigk.ofwzy monurtuent tears N 23' l2 19'" W, a distance of
163 Al f ser.
THENCE, along etre eastern [ane of sand FM 2931 ac:cordutg to the deed recarded in Voturne 573, Page 561 the
following.
Around a curve: to the lett havenga central angle of 14130' C 3*', a radius of 1,195 42 feet, and a chard ofN
09" 58'05" E . 301.92 fbet, an arc distance of 302.73 feet to a U2" iron pin wick a red cap stamped Trpton
Emg. Inc. set at coma:
N 02'a 42' 59" E, a distance of 1,456 00 feet to a 07" iron pin with a red cap stamped Tipton Eng Inc set
at ;
N 09° 25' 37E, a dbtowe of 100.50 feet to a wood Noway nsonurrtent found at corner.
N 02° 42" 59" E, a dkwce of 300.00 icer to a wood W#wzy monument found at comer-,
N 029 59' 39" W. a disiarice of 100.50 Bret to a la' koe ,pia wilt a red cap slaaWed Toon Eng, lac ut at
corner;
N 02° 42' 59" E. a distance of 69.85 feet to the northwest corner ordw tract "identified as Tract 2 of surd
Manson Harris, Trustee deed (Volurne 410, Page 361) a nail in a wood right•of-w"tty monument found at
comer,
THEM CE, S 860 30' 22" E, along the south 1r.ne of a tract of land conveyed to R. W. Noble, ET UX according to the
deed recorded in Volume 1726, Page 881 (LRLM Fj. and the north litre of said Manson Martis Trustee Tract 2
INTERLOCAL AGREEMENT FOR ETJ ALLOCATION, REQUEST FOR INCLUSION IN AUBREY'S ETJ, AND
DEVELOPMENT AGREEMENT—Page 15 TM 88975
(Volume 410, Page 361), distance of 3,068.71 feet to a 112" iron pin with a red Gap stamped Tipton Eng. Inc. set at
corner in the centerline of a creek identified as Hawling Branch;
THENCE, in a southerly direction along the centerline meanders of said Hawling Branch and a common line with a
tract of land conveyed to James Williams according to the deed recorded in Volume 577, Page 328 (LRDCT), the
following;
S 00° 54' 06" W, a distance of 24.28 feet;
S 28° 00' 45" W, a distance of 40.68 feet;
S 300 49' 09" E, a distance of 39,42 feet,,
S 18° 53'27" E, a distance of 58.73 feet;
S 751 33' 59" E, a distance of 33.71 feet;
S 21151' 14" E, a distance of 20.06 feet to a point in the approximate centerline of Pecan Creek;
THENCE, continuing along the centerline meanders of Pecan Creek and in an Easterly direction along a common
property line between the lames Williams tract and a tract of land identified as Tract 2 and conveyed to Manson
Harris, Trustee according to the deed recorded in Volume 409, Page 370 (LRDCT) the following;
S 671 19' 05" E, a distance of 26.06 feet;
N 43° 07' 31" E, a distance of 53.45 feet;
N 61' 07' 26" E, it distance of 45.20 feet;
N 690 27' 32" E, a distance of 44.65 feet;
N 790 13' 17" E, a distance of 47,64 feet;
N 80° 21'32" E, a distance of 119.04 rest;
S 81136'44" E, a distance of 50. 18 feet;
N 860 12' 28" E. a distance of 116,29 feet;
S 67° 59' 39" E. a distance of 72.39 feet;
N 78° 01' 35" E, a distance of 60.84 feet;
N 6V 59' 16" E, a distance of 79,88 feet;
N 43° 16' 20" E, a distance of 30.34 feet to a point on the previously mentioned W, Lumpkin Survey -.
Abstract No, 730 north cine;
THENCE, S 860 30' 02" E, along the north line of said W. Lampkin Survey – Abstract No. 730, the north line of
said Manson Harris, Trustee Tract 2 (Volume 409, Page 370) and the south line of a tract of land conveyed to Tom
L. Decker according to the deed recorded in Volume 959, Page 71 (LRDCT), a distance of 1,096.88 feet to the
northeast corner of said Manson Harris, Trustee Tract 2, a PK nail found in asphalt at comer near the centerlines
intersection of Coffey Road (a Public POW) and Bonar Road (a Public ROW);
INTERLOCAL AGREEMENT FOR ETJ ALLOCATION, REQUEST FOR INCLUSION IN AUBREY'S ETJ, AND
DEVELOPMENT AGREEMENT—Page 16 TM 88975
THENCE, S 86° 03' 33" E, along the approximate center€ine of said Boner Road and continuing along said W.
Lampkin Survey — Abstract No. 730 north We and the south line of the Torn L. Decker Tract and along the north
line of a tract of land conveyed to Manson HatT€s, Trustee and identified as Tact 6 in the deed recorded in Volume
410, Page 361, a distance of 2,243.77 feet to a point being the southeast corner of a said Tom L. Decker tract, the
southwest corner of a tract of land conveyed to Tom W. Mitchum according to the deed recorded in County Clerk
File Number 93-0032522 (LRDCT), a 60-d nail found In asphalt at eomlx;
THENCE, S 83° 02' 32" E, along the common line between said Manson Harris, Trustee Tract 6 and said Torn W.
Mitchum and proceeding along the centerline of said Bonar Road, a distance of 165,23 feet to a 60-d nail found at
corner;
THENCE, S 740 58' 57" E, continuing along the said Manson Harris Trustee Tract 6 north lune the centerline of
Bonar Road a distance of 60.76 fact to a 60d nail found in asphalt near the centerline of Pure Country Road al
corner;
THENCE, continuing along the n4rthea3terly line of said Manson Harris Trustee, Tract No. 6 and along an old
abandoned ROW of Bonar Road, the following;
S 50° 12' 20" E, a distance of 73,74 feet;
S 470 45' 47" E, a distance of 117.54 feet;
S 46100' 20" E, a distance of 148.71 feet;
S 341 45' 33" E, a distance of 117.90 feat;
S 010 21' 31" E a distance of 101.33 feet;
S 251 33' 40" W, a distance of 182.3 1, feat;
S 08° 22' 54" W, a distance of 96,08 feet;
S 249 54' 57" E, a distance o£73.35 feet;
S 311 53' 17" E, a distance of 151.31 feet;
S 12' 04' 56" E, a distance of 137.65 feet;
S 210 26' 35" E, a distance of245.92 feet to a point 'rn the centerline of Little Elm Creek and moat westerly
northwesterly earner of a tract of lend conveyed to M.W, Carr, Trustee according to the deed recorded in
Volume 2861, Page 751 (LRDCT);
THENCE, up the meanders of the centerline of Little Elm Creek, the following;
S 60" 49' 46" E, a distance of 141,43 feet;
N 68140' 14" E, a distance of20410 Feet;
N 240 36'461 W, a distance of 232,40 tet;
N 54Q 26' 14" E, a distance of 157,00 feet;
S 64° 02' 46" E, a distance of423.10 feet;
N 49'° 18' 15" E, a distance of 159,80 feat;
INTERLOCAL AGREEMENT FOR ETJ ALLOCATION, REQUEST FOR INCLUSION IN AUBREY'S ETJ, AND
DEVELOPMENT AGREEMENT—Page 17 TM 88975
N 15° 47' 14" E, a distance of 449,20 feet;
N 429 07' 46" W, a distance of 436.60 feet;
N 30° 06' 14" E, a distance of 437.00 feel;
N 579 01' 14" E, a distance of 180. ( 0 feet;
N 799 39, 14" E, a distance of 443,80 feet;
N 629 51' 44" E, a distance of 503,70 feet;
N 80' 33' 20" E, a distance of 494.03 fact;
N 210 34' 46" W, ad istance of 234,70 feet;
N 349 21' 46" W, a distance of 153.50 feet;
N 20° 53' 14" E, a distance of 171,30 feet;
S 82° 31' 46" E. a distance of 239,90 feet;
N 87" 11' 14" E, along of near an old fence, a distance of 8070 feet;
THENCE, N 800 06' 14" E, aWl or new a fence a distance of 36 LI 0 fact;
THENCE, S 879 30146" E, a distance of 1,094.70 feet;
THENCH, N 32° 07' 46" W, a distance of 240.90 feet;
THENCE, N 120 D6'46" W, a distance of 16115 feet;
THENCE, N 05° 32' 14" E, a distance of 308,30 feet;
THENCE, N 25° 37'4&' W, a distance of 306.70 feet;
THENCE, N 460 28' 14" 1"s, a distance of 49.30 feet;
THENCE, S 87° 15' 46" E, a distance of 420.83 feet;
THENCE, N 890 32' 14" E, continuing along the property line between said ],T, Fiekcns tract and the subject tract
and a dong or neer a fence, a distance of 546.80 feet to a corner near a creek;
THENCE. N 070 32' 14" E, a distance of 301. 10 feet to a point near a creek;
THENCE, 14 639 17' 14" E, a distance of 120.20 feet to a point in Little Elm Creek;
THENCE, continuing along the previously mentioned common property line and up the centerline meanders of said
Little Elm Crack, the following;
N 199 20' 14" E, a distance of295,40 feet~
N 37° 13' 14" E, a distance of 202.04 feet;
N 689 34' 14" E, a dLoance of 108.90 feet;
INTERLOCAL AGREEMENT FOR ETJ ALLOCATION, REQUEST FOR INCLUSION IN AUBREY'S ETJ, AND
DEVELOPMENT AGREEMENT—Page 18 TM 88975
N 58° 26' 14" E, a distance of 323,90 feet,
S 639 01'46" E, a distance of 161,60 feet;
N 68° 03' 14" E, a distance of 73.30 feet;
S 38' 19' 46" E, a distance of 137.20 feet;
S 09° 33' 46" E, a distance of 370.10 feet to a point on the west line of Farm -to -I w-kct Road No. 1385, a
102" iron pin with a red cap stamped 'Tipton Eng. Inc. set at comer,
THENCE, southerly along the said Farm -to -Market Road No. 1385 westerly lithe, the following;
S 00' 34' 59" E, a distance of 290.34 feet to a 1!2" iron pin with a red cap stamped Tipton Eng, Inc. set at
corner;
S 059 41' 17" E. a dlsaancc of 101.12 feet to a 112" Iron pin with a red cap stamped Tipton Eng, Inc, set at
corner;
3 02° 50' 34" W, a dlstanoe. of 928,40 feet to a 112" iron pin with a red cap stamped Tipton Eng. Inc. set at
Comer;
S 030 32' 34" W. a distance of 2,157.30 feet to a 112" iron pin with a red cap stamped Tipton Eng. Inc- set
at comer;
Around a tangent curve to the right having a central angle of 021 02' 00", a radius of 1 1,485',37 feet, and a
chord of S 029 31' 34" W — 407.58 feet, an arc distance of 407,60 fact to a 112" iron pin with a red cap
stamped Tipton Eng. Inc, set at corner;
S 01' 27' 30" W, a distance of I, 155.87 fact to a point near the canter4ne of Old Ba•nar Road (abandoned),
a UT' iron pin found at corner, from which a 1f2" iron pin found on the east side of Farm -to -Market Road
bears S 72° 30' 32" E, a distance of 93.08 feet;
THENCE, continuing along the said Farm -to -Market Road No. 1385 westerly line, the fallowing;
S 01 ° 47' 07" W, a distance of 212,68 feet to a I/2" iron pin with a red cap stamped Tipton Eng, Inc, set at
corner,
S 02° 39' 34" W, a distance of 608.40 feet to a 102" iron pint with a red cap stamped T6pton Eng. Inc. set at
comer;
S 87° 20' 26" E, a distance of 5.00 feet to a 102" iron pin with a red cap stamped Tipton Eng. Inc, set at
Corner, from which a $18" iron pin with a yellow clap stamped "Catton" Surveying bears S 51'2337" W, a
distance of 2.38 feet;
S 029 39' 34" W. a distance of 441,10 feet to a In" iron pin with a rad cap stamped Tipton Eng, Inc, set at
comer;
S 02° 17 34" W, passing 0,91 easterly of a In" iron pin f"nd at a distance of 1,293:22 feet and
continuing m make a total distance of 2,658.50 fret to a Ia' iron pin with a red cap stamped Tipton Eng,
Inc, set at corner;
T13ENCE, around at non -tangent curve to the left having a Central angle of 409 57' 16", a radius of 2660.00 feet and
a chord of S 71" 01' 03" W 1861.12 feet, an ars distance of 1901.34 feet to a point an the south line of that called
160.3 aue trans conveyed to W, Flack Carr, III according to the Warranty Deed recorded its Volume 5304, Page 629
INTERLOCAL AGREEMENT FOR ETJ ALLOCATION, REQUEST FOR INCLUSION IN AUBREY'S ETJ, AND
DEVELOPMENT AGREEMENT—Page 19 TM 88975
(LRDCT) and due north litre of a tract of land oonveyed to C.M. Jackson according to the Warranty Deed recorded In
Volume 546, Page 12 (LRDCT;
THENCE, N 171142' 59" W, along the said W. Plack Carr, 111 160.3 acre tract south line and the C,M. Jackson tract
north line, a distance of 1,551.80 feat to a If2" iron pin found at comer,
THENCE, N 87'° 46' 34" W, continuing aiaatg said W. Pink CuT, 111 160.3 acre tract part of the way and along the
south lino of a tract of land conveyed to Mwson Harris, Trustee and identified as Tract 9 by the deed recorded in
Volume 410, Page 361 (LRDCT), and the north line of the previously mentioned Denton County 250, L.P. tract, a
distance of 2,105.22 feat to a 1/2" iron pin with a red cap stamped Tipton Eng, lmc, set at comer;
THENCE, N 6711 13' 245" W, continuing along said Mwson Harris, Trustee Tract 9 mouth line and the north line of
the previctmly mentioned Denton County 250, L.P. tract, a distance o f 401-38 feet to a point ion the center line of Dry
Fork Branch;
THENCE, continuing along at common line between said Manson Harris, Trustee Tract 9 and Denton County 250,
L.P. tract and the meanders of the centerline of Dry Fork Branch this following;
S 01° 44' 08" W, a distance of 333 feet
S 661 52' 33" W, a diiwnce o(42.% fret;
S 33° 38' 42" W, a distance of 69.98 feat;
S 400 03' 42" E, a distance of 70.10 fear
S 55145' 01" W. a distance of 41.34 feet;
N 481 48' 35" W, a distance of 59.65 feet;
S 69149' 08" W, a distance of 39.39 foot;
S 180 46' 07" W, a distance of 39.69 feet;
N 850 13' 51" W, a distance of 39,09 feet;
N 29° 38' 2s" W, a distance of 49.02 feet;
S 67° 39' 14" W, a distance of 44.39 feet;
S 20° 36' 54" E, a distance of 3510 feet;
S 511 59' 02" W, adiscancc of 21.10 feet;
N 740 18' 00" W, a dimatnce of 5,6,94 feet;
S 87" 03'41" W, a distance of 67,50 feet;
S 84" 48' 21" W, a distance of 94.67 feet;
S 01 ° 41' 24" W, a distance of 45,90 fact;
S 07155' 44" W, a distance of 54,05 fret;
5 491 03' 20" E. a distance of 52.21 feet,
INTERLOCAL AGREEMENT FOR ETJ ALLOCATION, REQUEST FOR INCLUSION IN AUBREY'S ETJ, AND
DEVELOPMENT AGREEMENT—Page 20 TM 88975
S 240 32' 20' W, a distance of 43.50 feet;
N 341 54' 01' W. a distance of 72.10 feet;
S 530 27' 51" W, a distance of 49,96 feat;
N 440 49' 29" W, a distance of 32.24 feed
N 354 21' 27°' W, a distance of47.42 feel;
S 89" 19' 26" W, ad istance of 108.29 feet;
S 17* 00'38" Fr a distance of 68.50 feet;
S 490 56' 33" E, a distance of 43.10 feat;
S 300 15" 111" W, a distance of 28.51 feet;
S 170 50'2V E, a distance of 13-0.69 feet;
S 530 14'02" E, a distance of 113.00 feet;
S 491 46' 29" W, a distanot of 44.19 feet;
S 82130' 25" W, a distame of 46.29 feet;
S 550 01'26" W, a distance of 46.92 feet;
S 730 5942" W, a distance of 73.60 feet;
S 01 ° 58' 54" W, a distance of 82.39 feet;
9 440 32' S4" W, a distance of 75.88 feet;
S 600 59'33" W, a dlst4ncz of 125.92 feet;
N 590 16' 40" W, a distance of 8.73 fear,
N 02107' 41" L, a distance of 42.96 feet;
N 510 45' 49" W, a distance of 87.66 feet;
S 56° 57' 5 5" W, a distance of 92.01 feet;
S 000 11' 40" E, a distance of 44.48 feet;
N 860 35' 20" W, a distance of 40.32. feet;
N 230 04' 01" W, a distance of 132.38 feet;
S 670 47'22" W, a distance of 29.70 feet;
N 770 54' 32" W, a distance of91.22 feet;
N 890 09' 38" W, a distunce of 57.89 feet;
INTERLOCAL AGREEMENT FOR ETJ ALLOCATION, REQUEST FOR INCLUSION IN AUBREY'S ETJ, AND
DEVELOPMENT AGREEMENT—Page 21 TM 88975
S25045' 11" W, ad 6tame of47.02 feet;
S 48° 37' IS" W, a distance of 47.84 feet;
N 31° 57' 3Z" W. a diatanco of 38.45 feet;
S $80 36' 40" W, a distance of 80.57 feet;
S 77" 51'41" W. a distance of 92,67 stet;
S 250 04' 17" W, a distance of 53.46 feet;
S 79° 040 03" W. a distance 0(40.09 fleet;
S4 1 a 02' 33" W, a dlstanoe of 36.41 fent;
S 869 01' 01" W, a distance of 65.70 feet;
N 530 16' 17" W, a d 4stinoe o(44-26 feat;
S 71' 51' 47" W, a distance of 53.44 feat;
S 23' 19' 23" E. a distance of 102.21 fleet;
3 211 28' 55" W, a distance of 66.43 feet;
S 31 ° 05' 30" E. a dimance of 51.38 feet;
S 05153' 01" W, a distance of 10'1.43 feet;
S 830 52' 10" W, a distwice of 36.07 feet;
N 41m 33' 44" W, a distance of 150,73 feet;
S 170 59' 36" W. a distance of 95.82 *et;
N 820 04' 42" W, it distance of 31.64 fleet;
N 351 1048" W, a disco= of 53.03 pct;
N 870 29' 01" W. a distar" of 66.69 fact;
S 32° 01' 53'° W, a distance of 64.93 foes;
S 7511 23' 35" W, a distance of 136,16 fbet;
S Ir III Jim F a d istance of 81,64 feet;
S 19' 14103" W, a distance of 87,30 feet;
S 10" 47' 34" E, a dienance of 59.51 feet;
S 04° 45' 11" W, a distance of 21.33 feet;
N 870 49'23" W. adistamm of52_55 fejt.;
INTERLOCAL AGREEMENT FOR ETJ ALLOCATION, REQUEST FOR INCLUSION IN AUBREY'S ETJ, AND
DEVELOPMENT AGREEMENT—Page 22 TM 88975
N 62" 32'49" W, a distance of 103,03 feet;
S 721 39' OT' W, a distance of 37.14 feet;
S 070 43'4411 W. a distance of 163.03 feet;
S 10100'43" W, a distance of 13.38 feed
S 01 ° 19' 14" W, a distance of 11.09 feet;
S 220 33'28" W, a distance of 21.31 feet,
S 740 35' 23" W, a diatom of 54.36 feet;
N 32° 00' 02" W, a distance of 61.49 feet;
N 830 53' 28" W. a distance of 43,49 het;
N 29° 07' 539/ E, a distance of 155.66 Leet;
N 68° 28' 09" W, a distance of 473.34 feet to a USA G uverrim ant concrete monument (bund at comer;
N 21° 08' 29" W, passing, at a distance of 400.00 feet, a USA Goverment concrete marker found and
eontinufng to make a total distance of 830.00 feet to a 1/2" iron p in with a red cap stamped Tipton Eng. Inc.
set at corner;
N 071 57'42" E, a distance of 549.811 feet;
S 630 09' 42" W, a distance of 330.04 feet;
THENCE, along the westerly line of a tract of land identified as Tract L –1031-2 as acquired by the United States of
America according to the Judgement on Declaration recorded in Volu ne 427, Pttge 404 (LRDCT) the following;
S 03' 31' 42" W, a distance of 510.00 feet to a USA Government concrete marker found at corner;
S 210 24' 16" E, a distance of 1,365.00 feet;
S 04° 16' 16" E, passing, at a distance of 497,59 feet, a USA Government concrete monument found, and
continuing to make it total distance of 930,00 feet f orn which a USA Govemment concrete monument
faund bears N 069 22' 54" W, a d istance of 135.33 feet
S 310 43' 44" W. a distance of 1,115,00 feet;
THENCE, continuing, along a USA tract the following;
N 350 18' 33" W. it distance of 128.53 ftt;
N 01" 41' 20" F, a distance of 192.60 feet;
N 1 V 06'20" W, a distance of 154.71 feet;
8 3V 52' 06" W, a distance of 844.30 feet;
S 15 ° 32' 04" E, a distance of 43.00 feet;
INTERLOCAL AGREEMENT FOR ETJ ALLOCATION, REQUEST FOR INCLUSION IN AUBREY'S ETJ, AND
DEVELOPMENT AGREEMENT—Page 23 TM 88975
S 550 41' 41" W, a distance of 144.60 feet;
N 330 27' 55' W, passing a USA Government concrete marker at a distancc of 501.36 feet and continuing
to make a total distance of 1,003 feet;
N 650 52' 55" W, a distance of 531.78 feet;
N 600 30' 44" W, part pf the way along an easterly line of a tract identified as Tract L — 1031-1 and
acquired by the Unites States of America according to the Judgement on Declaration recaaded its Volume
427, Page 404 (LRDCT), a total distance of 481.1 1 feet;
THENCE, continuing aloatg said Tract L-1031-1 easterly line, the following;
N 100 19' 16" E, a distamo of t,200.00 feat;
N 211 17' 44" W, a distance of 575,40 feet;
THENCE, N UP 15' 44" W, along the north line of said Tract L-1031-1, a distance of 125.00 feet to the s+autheast
corner of tract of land owned by Robert C. Francis, according to the deed recorded In County Clerk File Number
93-80087997 ( ROCT);
THENCE, with the meanders of the centerline of Pecan Creek and westerly line of a tract of land conveyed to WP -
Carr, Jr. according to the deed recorded in Volume 8I7, Page 311 (LRDCT), the following;
N 14° 19' 37" W, a distance of 201.03 fact;
N 730 56' 27" E, a distance of 155.79 feet;
N 01° 56' 45" W, a distance of 358.67 feet
N 21° 27' 57" E, a distance of 194.01 feet,
N 01'43' 38" E, a distance of 87.33 feet;
N 2411341 57" W, a distance of 50,14 feet;
N 390 36' 40" W, a distance of 53.90 feet;
N 540 09' 58" W. a d istance of 193,14 feet;
N 36" 44' 04" W, a distance of 58.24 fe6k
N 130 31' 23" I:, a disnwwe of 144.11 feet;
N 280 55' 40" E, a distance of 97.06 feet;
N 131 23' 48" E, a distance of 121,34 feet;
N 200 49' 09" E, a distance of 114.74 feet,
N 0311 31' 57" W. a distance of 78.61 feet;
N 260 35' 51" W, a distance of 56,17 feet;
S 74021' 48" W, a distance of 323.40 feet;
INTERLOCAL AGREEMENT FOR ETJ ALLOCATION, REQUEST FOR INCLUSION IN AUBREY'S ETJ, AND
DEVELOPMENT AGREEMENT—Page 24 TM 88975
N 47° 43'36" W. a distance of 184.30 feet
N 0i° 16' 3T' W. a distance of 176.41 feet;
N 31° SO' 17' E. a distance of 144.41 feet;
N 73° 48' 26" E, a distance of 76..36 feet;
N 870 17' 5T' E, a d1stmec of 38823 fort;
N 1211 S3' 39" E, ad Lstance of 91.64 feet;
N 51'40'49" W. a distance of 110,88 feet;
N 65° 46' 04" W, a distance of 85.16 feet;
N 67° 35' 51 " W, a distance of 203,95 feat;
N 24° 43' 53" W, a distance of 386.38 Net;
N 09'34' 08" E, a distance of 121.10 feet;
N 84° 51' 30" E, a distance of 91.31 fleet;
S 58" 52' 33" E, a distance of 92.02 feed
N 651139' 30" E, a distance of 203.09 feat;
N 55° 22' 35" E, a distance of 143.03 feet;
N 27" 311' 53" W, a distance of 13121 hmw,
N 47° 40' 40" E, a distance of 230,19 feet;
N 560 27' 27" E, a distance of 155.71 feet;
N 35° 32' 32" E,, a distance of 89.15 feel;
N 051 04' 15" W, a d 6tance of 31.55 feet;
N 320 21' 15" W, a distance of 60,86 feet;
N 53° 25' 11" W, a distance of 37.55 feet;
N 720 33' S0" W. a distance of 224.81 feet;
N 54° 27' 52" W, a distance of 43.91 feet;
N 371 55' 52" W, a distance of 485.32 feet;
N 280 17' 53" F- a distartt;e of 67.53 feat;
N S I ° 05' 52" F, a distmice of 122.66 fent;
N 61° 5621" W, a distance of 208,44 feet;
INTERLOCAL AGREEMENT FOR ETJ ALLOCATION, REQUEST FOR INCLUSION IN AUBREY'S ETJ, AND
DEVELOPMENT AGREEMENT—Page 25 TM 88975
N 170 47' 41 " W, a distance of 130.57 feet;
N W21'84 -E, a dista ce of278.71 feet,
NOB° 17' l8- E, a distance of 113.59 feet;
N 374 24' 02" VI/, a distance of 17794 fleet;
N 01045'49"E, a distance o€103.77 fact;
N 63'02' IS' E, a distance of264.76feet;
N 124 55'41r E, a drss ance of 151,38 feet;
THENCE, N 87' 39' 37" W, along the sotaih line of a ara,crt of land conveyed to Manson Harris, Trustee
according to (she deed recorded in Volume 419, Page 463 (LRDCT), and the north lime of a tract of land
conveyed to James M. Dear accordirg co the deed filed in County Cleric File Nsimber 95-800262 11
(LRDCT), passing a 1!2" iron pin with a red cap stamped Tipton Eng Inc. set on line at a distance of
326 75 feet and continuing w make a total distance of 2.661 87 fee; to a paint an the east line of Farm -to -
Market Road No. 2931, a I.'2- iron pin fcund ac corner. from which a ►wooden right-of-way matter beats S
t 7. 32' 17' E 1.51 Feet and ano:het wooden right-of-way market bears S 09' 45' 26"' W - 32.83 Mees;
THENCE, along the said Farrar -to -Market Road No. 2931 easceaty line and �the westerly line of said Manson Farris,
Truscte tract, l; Volume 419, Page 463) the following;
Around a curve to the right hawing a central angle of 16' 58' 33", a radius of 1,{195.92 feet and a chotd of N
190 45'08' E - 323.52 Feet, an arc dissance of 324.71 feet b a lit" iron pit with a red cap stamped Tipton
Eng. Inc_ set at corner, from which a wooden right-of-way marker beats N 091 23' 22" E, adistance of 105
feet¢
N 28' 12' 39" E. a distance of 626 60 feet to a 1.12" iron pin with a red cap stamped Tipton Eng. Inc set at
carnet,
Around a tangent curve to The left hearing a cantaal angle of I0' 59' 47-, a radios o€1,195512 feet and a
chord of N 22'43'05" E - 229.17 fees, an arc distance of 229.53 feet to the PLACE (T i3EGINNCNC with
the subject tract containing 105,485.324 square feet a 2,421.6098 acres of land.
INTERLOCAL AGREEMENT FOR ETJ ALLOCATION, REQUEST FOR INCLUSION IN AUBREY'S ETJ, AND
DEVELOPMENT AGREEMENT—Page 26 TM 88975
I
I�f.. csowb Mau
S ANDBRUCK PROPERTY
INTERLOCAL AGREEMENT FOR ETJ ALLOCATION, REQUEST FOR INCLUSION IN AUBREY'S ETJ, AND
DEVELOPMENT AGREEMENT—Page 27 TM 88975
Recorded On: October 16, 2017 01:02 PM
Total Recording: $74.00
Denton County
Juli Luke
County Clerk
Instrument Number: 127589
Real Property Recordings
AGREEMENT
Number of Pages: 13
" Examined and Charged as Follows: "
*********** 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:
Receipt Number:
Recorded Date/Time
User:
Station:
127589
20171016000360
October 16, 2017 01:02 PM
Jane K
Station 9
Record and Return To:
TOWN OF PROSPER
TOWN SECRETARY
P.O. BOX 307
PROSPER TX 75078
STATE OF TEXAS
COUNTY OF DENTON
I hereby certify that this Instrument was FILED In the File Number sequence on the date/time
printed hereon, and was duly RECORDED in the Official Records of Denton County, Texas.
Juli Luke
County Clerk
Denton County, TX
After Recording Return to:
Town Secretary
Town of Prosper, Texas
P.O. Box 307
Prosper, Texas 75078
AGREEMENT BETWEEN THE TOWN OF PROSPER, HORIZON/DEER CREEK
DEVELOPMENT CORPORATION AND SANDBROCK INVESTMENTS, INC. FOR
WAIVER OF CLAIMS TO EXTRATERRITORIAL JURISDICTION
THIS AGREEMENT BETWEEN THE TOWN OF PROSPER ("PROSPER" or
"TOWN"), HORIZON/DEER CREEK DEVELOPMENT CORPORATION
("DEVELOPER"), AND SANDBROCK INVESTMENTS, INC. ("OWNER") FOR
WAIVER OF CLAIMS TO EXTRATERRITORIAL JURISDICTION ("Agreement") is
entered into to be effective on the date that the last approving Party executes the
Agreement. The Owner, Developer and Prosper are sometimes referred to collectively
as the "Parties."
ARTICLE ONE
RECITALS
1.1 WHEREAS, Section 42.023 of the Texas Local Government Code authorizes
Prosper to reduce its extraterritorial jurisdiction ("ETJ") by ordinance or
resolution; and
1.2 WHEREAS, the Parties acknowledge that there is disagreement between
Prosper and the City of Aubrey regarding the extraterritorial status of a portion of
certain property described in City of Aubrey Ordinance No. 351-04 (that portion
of the property in dispute is referred to as the "Property"), causing concern to
Owner and Developer, and that the purpose of this Agreement, in part, is to
clarify the limits of Prosper's ETJ, and to undertake the other actions referenced
herein, including the release of any and all claims by Prosper relative to the
Property; and
NOW, THEREFORE, this Agreement is made and entered into by Prosper,
Owner and Developer, upon and for the mutual consideration hereinafter stated, which
entities hereby agree and understand as follows:
ARTICLE TWO
REPRESENTATIONS/CONSIDERATIONS
2.1 Representations.
(A) The Parties believe that the Recitals set forth above are true and correct in
all material respects and are hereby incorporated into the body of this
Agreement as though fully set forth in their entirety herein.
WAIVER OF ETJ CLAIMS AGREEMENT—Page 1
(B) Each of the Parties acknowledges and agrees that it has the requisite
power and authority to enter into this Agreement; that this Agreement has
been duly authorized and approved by its respective governing body
and/or Owner and/or Developer; and that the person executing the
Agreement on its behalf has been duly authorized to do so.
2.2 Consideration. The Parties acknowledge and agree that the obligations, rights
and benefits provided herein are mutual and supported by adequate
consideration.
ARTICLE THREE
PROPERTY SUBJECT TO THIS AGREEMENT
3.1 Property Subject to Waiver. The Parties agree and acknowledge that Prosper
contends, and the City of Aubrey disputes, that the Property is and should be
considered as being located in Prosper's ETJ and Developer specifically disputes
the Property being in Prosper's ETJ; however, by this Agreement Prosper fully
waives and releases any and all claims to the Property as being located in its
ETJ, and any claims that would in any way challenge the validity or effectiveness
of Aubrey Ordinance 351-04, as more fully described below.
3.2 Prosper's Waiver and Release of ETJ Claim. Prosper agrees that, upon the
Effective Date of this Agreement, concurrent with the adoption of a Town
Resolution authorizing the execution of this Agreement and the payment of the
Transaction Fee referenced in Paragraph 4.1, Prosper fully waives and releases
any claim it may have in the Property being in Prosper's ETJ. Prosper further
agrees to hereafter amend its official maps to remove the Property from areas
shown as extraterritorial jurisdiction and to provide a certified copy of such
resolution and any attached map(s) to the Denton County Clerk. Notwithstanding
any matter in this Agreement, this Agreement shall not affect or otherwise
change any Prosper corporate limits or Prosper ETJ except as specifically set
forth herein and in the Town Resolution described in this Agreement.
ARTICLE FOUR
SPECIFIC TERMS
4.1 Prosper's Attorney's Fees. Developer and Owner agree 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 the Developer's attorney, Aubrey's attorneys and the provision
of advice to applicable Prosper Town Staff and the Prosper Town Council, in an
amount not to exceed $4,000.00, to be paid contemporaneously with or before
the execution of this Agreement.
WAIVER OF ETJ CLAIMS AGREEMENT—Page 2
4.2 Transaction Fee. Developer agrees to pay to Prosper a transaction fee of
$100,000.00, as consideration for Prosper's full waiver and release of any and all
extraterritorial claims to the Property, and the adoption of a Town Resolution fully
waiving and releasing any and all of its extraterritorial jurisdiction claims to the
Property. This fee shall be paid contemporaneously with or before Prosper's
waiver and release of any extraterritorial claim to the Property and shall be
returned to Developer if Prosper fails to adopt a Town Resolution releasing all
extraterritorial claim to the Property by August 1, 2017.
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.
ARTICLE SIX
GENERAL PROVISIONS
6.1 Term of Agreement. This Agreement shall be deemed effective on and from the
date that this Agreement is approved by the Town and executed by the Town,
Owner and Developer ("Effective Date"), whichever approval occurring last being
deemed the Effective Date.
6.2 Modification. 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.
6.3 Addresses and Notice. Unless otherwise provided herein, any notice,
communication, request, reply or advise (herein severally and collectively, for
convenience, called "Notice") herein provided or permitted to be given, made or
accepted by either Party to any other Party must be in writing and may be given
or be served by depositing the same in the United States mail postpaid and
registered or certified and addressed to the Party to be notified, with return
WAIVER OF ETJ CLAIMS AGREEMENT—Page 3
receipt requested, or by delivering the same to an officer of such Party, or by
prepaid telegram when appropriate, addressed to the Party to be notified. Notice
deposited in the mail in the manner described above shall be conclusively
deemed to be effective, unless otherwise stated herein, from and after the
expiration of three (3) days after it is so deposited. Notice given in any other
manner shall be effective only if and when received by the Party to be notified.
For any purposes of notice, the addresses of the Parties shall, until changed as
hereinafter provided, be as follows:
If to Prosper, to: Town of Prosper
P.O. Box 307
Prosper, Texas 75078
Attention: Town Manager
If to Owner, to: Sandbrock Investments, Inc.
5760 Legacy Drive, Suite 133-412
Plano, TX 75024
Attention: Brad Gahm
If to Developer, to: Horizon/Deer Creek Development Corp.
5760 Legacy Drive, Suite 133-338
Plano, TX 75024
Attention: Rod Sanders
and to: Jackson Walker LLP
2323 Ross Avenue, Suite 600
Dallas, TX 75201
Attention: Myron Dornic, Attorney at Law
The Parties hereto shall have the right from time to time and at any time to
change their respective addresses and each shall have the right to specify as its
address any other address by at least fifteen (15) days' written notice to the other
Party hereto.
6.4 Representations. 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.
6.5 Third Party Beneficiaries. Nothing in this Agreement shall be construed to
create any right in any third party not a signatory to this Agreement except for the
City of Aubrey, Texas, and the Parties do not intend to create any third party
beneficiaries by entering into this Agreement except for the City of Aubrey,
Texas. The Parties specifically intend the City of Aubrey, Texas to be a third
party beneficiary of this Agreement.
6.6 State or Federal Laws, Rules,_ Orders or _Regulations. This Agreement is
subject to all applicable Federal and State law, as they exist, may be amended or
WAIVER OF ETJ CLAIMS AGREEMENT—Page 4
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.
6.7 Savings/Severability. 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.
6.8 Venue. 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.
6.9 Sovereign Immunity. By entering into and executing this Agreement, the
Parties agree the Municipalities do not waive, limit or surrender their respective
sovereign immunity, except as to the enforcement of this Agreement.
6.10 Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted
equally by the Parties hereto. The language of all parts of this Agreement shall
be construed as a whole according to its fair meaning, and the presumption or
principle that the language herein is to be construed against either Party shall not
apply. Headings in this Agreement are for the convenience of the Parties and
are not intended to be used in construing this Agreement.
6.11 Assignment. Except as provided in Paragraph 7.12 below, this Agreement may
not be assigned, in whole or in part, without the prior written approval of all
Parties.
6.12 Conveyance of Tract. In the event that Owner or Developer sells, conveys or
otherwise transfers ownership of any portion of the Property (a "Sale Tract") to
WAIVER OF ETJ CLAIMS AGREEMENT—Page 5
any person or entity (a "New Owner") other than a homebuilder or an end-user
homeowner, prior to such conveyance Owner/Developer shall require New
Owner to execute a joinder to this Agreement pursuant to which it assumes all of
Owner/Developer's obligations hereunder with respect to the Sale Tract
(whereupon New Owner shall be the "Owner" or "Developer", as the case may
be, under this Agreement with respect to the Sale Tract, and, provided it is not in
default hereunder, Owner/Developer shall be released from any further
obligations under this Agreement with respect to the Sale Tract).
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
duly executed in several counterparts, each of which shall constitute an original.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
WAIVER OF ETJ CLAIMS AGREEMENT—Page 6
APPROVED BY THE TOWN CONCIL FOR THE TOWN OF PROSPER,
TEXAS, at its meeting held on theme day of July, 2017, and executed by its
authorized representative.
ATT
TOWN OF PROSPER, TEXAS
By.
arlaneff
Title: Town Ma e , Town of Prosper
APPROVED AS TO FORM:
Name:Terrence S. 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 hard and seal
My
WAIVER OF ETJ CLAIMS AGREEMENT—Page 7
day
blic in and for
fission expires:
State of T
MARSA M.WAGES
?� _ Notary Public, State of Texas
.., My Commission Expires
March 26, 2018
2017.
APPROVED BY DEVELOPER on the
and executed by its authorized representative.
STATE OF TEXAS
COUNTY OF
day of 2017,
HORIZON/DEER CREEK DEVELOPMENT
CORPORATION,
a Texas cc
By:
Nar
TitlE
P T 's instrument wa"cknowledged
Ra before me on 2017, by
e.a S 1 4' 1c, _ of Horizonl eer Creek Development
CorporaAion, a Texas corporation, on behalf of said corporation.
No
My
WAIVER OF ETJ CLAIMS AGREEMENT—Page 8
blic in and for the State of Texas
ission expires: , 0, 1 �
APPROVED BY OWNER on the ZC) ay of
executed by its authorized representative.
STATE OF TEXAS )
I )
COUNTY OF ky )
2017, and
SANDBROCK INVESTMENTS, INC.,
a Texas cc
Nar
TitlE
�Od',Aeq
This instr went Wa ackn Wled ed before me on 2017, by
rCl of Sandbrock ves ments, Inc., a Texas
corpora ' n, on behalf of said corporation.
Notary O blic in and for the St to of Texas
My comfnission expires:
WAIVER OF ETJ CLAIMS AGREEMENT—Page 9
EXHIBIT A
(Legal Description of the Property)
" STAB' IS PDR SCAB'
20SLS ONLY -
STS: is "OR S
PuRPCSBS ONI
-
WAIVER OF ETJ CLAIMS AGREEMENT—Page 10
EXHIBIT A
SHEET 1 OF 2
LEGAL DESCRIPTION
BEING a tract of land located in Denton County, Texas, a part of the William Lumpkin Survey,
Abstract Number 730, and being a part of a called 2439.8661 acre tract of land described in a
special warranty deed to Sandbrock Investments, Inc., as recorded in Document Number 2004-1916,
Denton County Deed Records, and being a part of a called 309.938 acre tract of land described in a
correction special warranty deed from Sandbrock Investments, Inc. to Horizon/Deer Creek Development
Corp., as recorded in Document Number 2017-55819, Denton County Deed Records, and -being furthers- -
described as follows:
BEGINNING at the southeast corner of said 309.938 acre tract of land, said point being the
northeast comer of a called 113.432 acre tract of land described in a special warranty deed to Pulte
Homes of Texas, L.P., as recorded in Document Number 2015-141656, Denton County Deed Records,
said point being in the west right—of—line of Farm—to—Market Highway Number 1385 (a -variable width--
right—of—way);
THENCE along the south line of said 309.938 acre tract of land and along the north line of said
113.432 acre tract of land as follows:
North 88 degrees 34 minutes 52 seconds West, 3690.60 feet to a point for corner;
North 88 degrees 39 minutes 30 seconds West, 1166.10 feet to a point for corner;
THENCE Northeasterly, 6224.63 feet along a curve to the right which has a central angle of 67
degrees 32 minutes 47 seconds, a radius of 5280.00 feet, and whose chord bears North 57 degrees
15 minutes 09 seconds East, 5870.38 feet to a point for corner in the west right—of—way line of
said Farm—to Market Highway Number 1385;
THENCE South 01 degrees 25 minutes 41 seconds West, 3295.21 feet along the west line of said
Farm—to—Market Highway Number 1385 to the POINT OF BEGINNING and containing 11,549,594 square
feet or 265.142 acres of land.
Basis of Bearing is derived from the Texas WDS RTK Cooperative Network—Texas State Plane--
Coordinate
lane__Coordinate System, North Central Zone (4202), NAD83.
"This document was prepared under 22 TAC 663.23, does not reflect the results of an on the
ground survey, and is not to be used to convey or establish interests in real property except those
rights and interests implied or established by the creation or reconfiguration of the boundary of the
political subdivision for which it was prepared."
Dan B. Ramsey,S. No. 4172
June 11, 2017
SC PROJECT
1"=800
g p' I 01 D13-17 I DRAWN PJI RO 0O2A -16301 DD SON, TE S 75001 2006
EXHIBIT A
SHEET 2 OF 2
I
SANDBROCK INVESTMENTS, INC.
COUNTY CLERK'S DOC. NO 2004-1916 ¢ 0 N
R P.R.D.C.T. 0
z 0
FREDERICK H POLLARD SURVEY .+ ABSTRACT NO. 995
NILLIAM LUMPKIN SURVEY ABSTRACT NO. 730
rIHIORIZONIDEER CREEK DEVELOPMENT CORP.
LERK'S DOC. NO. 2017-65819
R.P. i .O rCRUTgiFIELD ROAD
LLED 309.938 ACRES)LL
. _
SANDBROCK INVESTMENTS, INC
COUNTY CLERK'S DOC. NO. 2004-1916
R.P.R.D.C.T.
L2
LINE TABLE
NO.
BEARING
LENGTH
L1
N88'34'52"W
3690.60'
L2
N88'39'30"W
1166.10'
L3
S01'25'410W
3295.21'
C- de
V�
HORIZONIDEER CREEK DEVELOPMENT CORP.
COUNTY CLERK'S DOC. NO. 201755819
R.P R D.C.T.
(CALLED 309.938 ACRES)
L1
PULTE HOMES OF TEXAS, L.P. &�
DOC. NO. 2015-141656 '
R.P.R.D.C.T.'� 3
(CALLED: 113.432 ACRES)�S
CURVE TABLE
NO.
2�
I�
I TANGENT
I CHORD BEARING
�Op'
I•
6224.63'
067'32'47" 5280.00'
3531.08'
J
5870.38'
s
f�
r�
1
OUNDAR�Y LIMITS
F pCMD DISTRICT N0. 6
L
OUSE BILI. NO. 3534
POINT OF
BEGINNING
WA=
'IIV1df
PULTE HOMES OF TEXAS, L.P. &�
DOC. NO. 2015-141656 '
R.P.R.D.C.T.'� 3
(CALLED: 113.432 ACRES)�S
CURVE TABLE
NO.
LENGTH I
DELTA RADIUS
I TANGENT
I CHORD BEARING
CHORD
Cl
6224.63'
067'32'47" 5280.00'
3531.08'
1 N57 -15-09"E
5870.38'
SCALE: DATE
I 01 D13-17 I DRAWN P.1
PROJECT
1 I RO 002A
LINMAD
YAN ROAD
.
16301 QUORUM DRIVE, SUITE 2008
ADDISON, TEXAS 75001