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06.12.2007 Town Council PacketAGENDA Regular Meeting of the Prosper Town Council 800 Somerville Drive, Prosper, Texas Folsom Elementary School (Cafeteria) Tuesday, June 12, 2007 6:00 p.m. 1. Call to Order I Roll Call. 2. Invocation and Pledge of Allegiance. 3. Announcements of dates and times of upcoming community events. CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non -controversial. The Consent Agenda can be acted upon in one motion. A majority vote of the Council is required to remove any item for discussion and separate action. Council members may vote nay on any single item without comment and may submit written comments as part of the official record.) 4. Consent Agenda MINUTES a. Consider and act upon minutes from the following Council meetings. (MD) • May 22, 2007 — Regular Meeting ORDINANCES, RESOLUTIONS AND AGREEMENTS b. Consider and act upon adoption of an ordinance amending the Zoning Ordinance regarding the creation of the Downtown Retail District and the amending of the Downtown Residential District, the Downtown Office District, and the Downtown Commercial District, including, but not limited to, the permitted uses and development standards. (Z07-8). (CC) C. Consider and act upon adoption of an ordinance rezoning 32.9± acres from Single Family-15 (SF-15) to Downtown Commercial (DTC) along McKinley Street; 11.6± acres from Single Family-15 (SF-15), Office (0), and Downtown Office (DTO) to Downtown Retail (DTR) along Broadway Street, west of Coleman Street; 2.9=L acres from Single Family-15 (SF-15) to Downtown Office (DTO) west of Coleman Street at Fifth Street; and 9.3=L acres from Single Family-15 (SF-15) to Downtown Office (DTO) east of Coleman Street, along Church Street. (Z07-9). (CC) d. Consider and act upon adoption of an ordinance rezoning 40.0E acres located 2,500:L feet north of Prosper Trail, on the east side of Dallas Parkway from Single Family-15 (SF-15) to Commercial Corridor (CC). (Z07-6). (CC) e. Consider and act upon adoption of an ordinance rezoning 226.5t acres on the north side of Prosper Trail, 1,200 feet east of Dallas Parkway to amend Planned Development-8 (Lakes of Prosper) to include an additional 39.5=1: acres. (Z07-5). (CC) f. Consider and act upon adoption of an ordinance amending the Zoning Ordinance regarding Chapter 1, Section 8.4(B) — Changes and Amendments to all Zoning Ordinances and Districts and Administrative Procedures. (Z07-10). (CC) g. Consider and act upon adoption of an ordinance amending Ordinance No. 02-33, establishing a fee for the use of Town fields. (CC) Page 1 of 3 h. Consider and act on authorizing the purchase of a skid steer loader for Public Works and authorizing the Interim Town Manager to negotiate and execute all necessary documents. (FJ) CITIZENS' COMMENTS (The public is invited to address the Council on any topic. However, the Council is unable to discuss or take action on any topic not listed on this agenda. Please complete a "Public Comments Form" and present it to the Town Secretary prior to the meeting.) 5. Comments by the Public REGULAR AGENDA (If you wish to address the Council during the regular agenda portion of the meeting, please fill out a "Speaker Request Form" and present it to the Town Secretary prior to the meeting. Citizens wishing to address the Council for items listed as public hearings will be recognized by the Mayor. Those wishing to speak on a non-public hearing related item will be recognized on a case -by -case basis, at the discretion of the Mayor and Town Council.) PUBLIC HEARINGS 6. A public hearing to consider and act upon a request to rezone 40.4�1= acres located on the south side of Prosper Trail, 1,500± feet east of Coleman Street to amend Planned Development-30 (Prosper Creek Estates). (Z07-11). (CC) DEPARTMENT ITEMS 7. Consider and act upon 1) a developer's agreement between MF V Chesney 65, LP, and the Town of Prosper and 2) a resolution authorizing the Interim Town Manager to negotiate and execute all necessary documents. (HW) 8. Consider and act upon 1) an award of bid to Landmark Structures I, L.P., 2) enter into a contract agreement with Landmark Structures I, L.P., regarding the construction services for the Preston Road Elevated Storage Tank and 3) approve a resolution authorizing the Interim Town Manager to negotiate and execute all necessary documents. (HW) 9. Consider and act upon 1) ratification of an Engineering Design Services Agreement with RLK Engineering, Inc., regarding the Highland Meadows Drainage Improvements and 2) approve a resolution authorizing the Interim Town Manager to negotiate and execute all necessary documents. (HW) 10. Consider and act upon the appointment of a Town Council liaison to the Prosper Parks and Recreation Board. (CC) 11. Discuss and act on extending the terms of the Board of Adjustment members until September 2007. (CC) 12. Discuss water use restrictions. (FJ) 13. Consider and act upon a resolution accepting a Texas Forrest Service grant for purchase of a brush truck, authorizing matching funds, and authorizing the Interim Town Manager to negotiate and execute all necessary documents. (RT) 14. Hear and discuss update on 2007 County Bond Transportation Sub -Committee actions. Page 2 of 3 EXECUTIVE SESSION 15. Recess into closed session in compliance with Section 551.001 et. Seq. Texas Government Code, to wit: Section 551.087 to discuss economic development negotiations for the Custer Retail Project. (HW) 16. Reconvene into regular session and take any action necessary as a result of the closed session. 17. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. 18. Adjourn.. Interim T Note: The order in which items are heard on the agenda is subject to change. CERTIFICATION 1, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the inside window at the Town Hall of the Town of Prosper, Texas, a place convenient and readily accessible to the general public at all times, and said Notice was posted by the following date and time: Friday, June 8, 2007 at 5:00 p.m. and remained so posted at least 72 hours before said meeting was convened. atthew D. Denton, TRMC Date Noticed Removed Town Secretary In addition to any specifically identified Executive Sessions, Council may convene into Executive Session under Section 551 of the Texas Government Code at any point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be open. Should Council elect to convene into Executive Session, those exceptions will be specifically identified and announced. Any subsequent action, as a result of this Executive Session, will be taken and recorded in open session. NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council Meetings are wheelchair accessible. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services such as Interpreters for persons who are deaf or hearing impaired, readers, or large print, are requested to contact the Town Secretary's Office at (972) 346-2640 or by FAX (972) 347-2111. BRAILLE IS NOT AVAILABLE. 111111 ,'0F' PRO��i�i �r � ~! • rr • w OW 0 j' •°% fj�✓T1111t1 Page 3 of 3 IF 0' W. (.4 P S P 1. Call to Order / Roll Call. The meeting was called to order at 6:04 p.m. Roll call was taken by the Town Secretary. MINUTES Regular Meeting of the Prosper Town Council 800 Somerville Drive, Prosper, Texas Folsom Elementary School (Cafeteria) Tuesday, May 22, 2007 at 6:00 p.m. Council present included: Mayor Charles Niswangcr, Mayor Pro -Tern Dritschler, Dave Turley, Kevin Drown, Mike Wadsworth, and Ray Sm. Staff present included: Rod Hogan, Interim Town Manager�,filon Webb, Director of Chris Co le Development and Parks Planner; Kirk McF ;;1, Police {chief Am Li l pp p ..., Y g A''S. ., Butler, Business Manager; Frank Jaromin, Director of Pulrl�i )"; and NF thew Denton, 2. Invocation and Pledge of Allegiance. The invocation was given by Pastor Phil Hamb Mayor Niswanger led the Pledge of Allegiance. 3. Announcements of dates and times of Deputy Mayor Pro-Tem 2007 in Mesquite. Matt Denton, Town Council Place 2. 14. ConNdi�hd ;(on an rc$' Its for the I Elec h pby declare the..ifv �s of ;.,..,, ynh 6pted. (MID) the council 's Mill Baptist Mayor Pro-Tem Lisa Services; erk; Ron is a TNT' Region 13 meeting planned for June 1, a runoff election held on June 16, 2007 for to receive and accept as true and correct the Canvassed voting 1 on May 12, 2007 as presented by the Town Secretary and ioA be set forth in an ordinance and that said ordinance should Mayor Niswad :quested items' :and 15 be moved up on the agenda. Matt Denton, Town'S,i ,tary, gay "Council background information on this item. Motioned by Councilmeiii::>Vadsworth, seconded by Deputy Mayor Pro -Tom Dritschler to accept as true and correct the Canvassed vong results for the General Election held May 12, 2007 as presented by the Town Secretary and hereby declare the results of the election to be as set forth in ordinance and that said ordinance should be adopted. Motion approved 7-0. 15. Administer Oath and Issuance of Certificate of Election to Elected Councilmembers. (MD) Matt Denton, Town Secretary, administered the Oath of Office to Councilmember Dave Turley and Mayor Charles Niswanger. Page 1 of 7 Mayor Niswanger signed the Certificates of Elections. Mayor Niswanger called for a short recess at 6:10 p.m. Mayor Niswanger called the meeting back to order at 6:24 p.m. CONSENT AGENDA 4. Consent Agenda MINUTES a. Consider and act upon minutes from the following Council • May 8, 2007 — Regular Town Council Meeting ORDINANCES, RESOLUTIONS, AND AGREEMENTS b. Consider and act upon a Resolution ordering ....4i j 1 County Elections Administration on June 16, 2`0�07,' Prosper Town Council to fill an expired term. (MD) C. Consider and act upon an Election 11Wcement and i County Elections Administration for t?ne 16, 2007 ANNEXATION PETITIONS to be administer`>. the Collin of electing Place:'to the Town of Election Services with the Collin Lion. (MD) C. Consider and act to accept a petition prested > Lata1Vlaterials, L.P. to set dates for two t:.., public hearings and`,'`;"ervice plan fob:>e voluntary #hnexation of approximately 6.419 acres of land Iocated in .fie"Collin'> ��ty School La4 Survey, Abstract No.147, and being more generally located on the vest cornf j ' Prosper Trait::;end N. Coleman. (MD) f. Consider and act to 't aiga,, presented;y Brenda Browning to set dates for two public hearings all for aiee p1'nu,t v�a�ntary annexation of approximately 20.193 acres of land �ghte sColhn 0pty School brand Survey, Abstract No.147, and being more generally loouth ed so;;�Streef' 3) and 230+ feet east of the Dallas North Tollway. (MD) ,,... . g. Consid pd act upon tix financial statements ending April 30, 2007. (RB) Mayor Pro -Tern BrIA uested m 4f be pulled from the consent agenda. Motioned by Councilmerr W$- rith, seconded by Deputy Mayor Pro -Tom Dritschler to approved the balance of the consent agenda subject to staff recommendations. Motion approved 7-0. d. Consider and act upon a resolution concerning proposed restoration of the Town's membership in the Upper Trinity Regional Water District. (HW) Hulon Webb, Director of Development Services, gave council background information on this item. Motioned by Bristol, seconded by Deputy Mayor Pro-Tem Dritschler to approve item 4d. Motion approved 7-0. Page 2 of 7 PRESENTATIONS 5. A presentation recognizing David Lightfoot's promotion to Sergeant. (KM) Kirk McFarlin, Police Chief, presented David Lightfoot a plaque and sergeant bars for his promotion to Police Sergeant. CITIZEN'S COMMENTS 6. Comments by the Public There were no comments by the public. lsi.'>. REGULAR AGENDA ! PUBLIC HEARINGS 7. A public hearing to consider and act upon an ann creation of the Downtown Retail District and th%s,'' Downtown Office District, and the Downtown on permitted uses and development standards. (Z07-8). Chris Copple, Development and Parks Planner,;ave council Motioned by Councilmember Wadsworth, seconds; ;al Motion approved 7-0. Mayor Niswanger opened the public hearing at 6:37 pAl" There were no comments bv: t`'nuk)''<.:., Motioned by Mayor PrdM xistol, seeded by Motion approved 7-0. :'? ... Mayor Niswar public (k ang at 6: to the Zoning Ori1Jgce regarding the f the Downtown Res;ka,District, the list#, including, but ri''-lirnited to, the on this item. the public hearing. Drown to close the public hearing. Motioned?:ley Councilmemb``: dsworth:=doonded by Mayor Pro-Tem Bristol to approved the amendment to the (.'l... 5..ry Zonis : ance as presente ayyith mod ',A ion language regarding corner lots in Downtown Retail and Downtowavownercial districts `46-.,:.such la age is to be reviewed by council at the next meeting. Motion appro,-0. !lhYll. F!!.1 8. A public h to cons d er and act upon a request to rezone 32.9t acres from Single Family-15 (SF- 15) to Downia�j omrrcial (DTC) along McKinley Street; 11.6t acres from Single Family-15 (SF- 15), Office (0) ``*-- wntown Office (DTO) to Downtown Retail (DTR) along Broadway Street, west of Coleman fei et; 2.91 acres from Single Family-15 (SF-15) to Downtown Office (DTO) west of Coleman Street & Fifth Street; and 9.31 acres from Single Family-15 (SF-15) to Downtown Office (DTO) east of Coleman Street, along Church Street. (Z07-9). (CC) Chris Copple, Development and Parks Planner, gave council background information on this item. Motioned by Councilmember Smith, seconded by Councilmember Wadsworth to open the public hearing. Motion approved 7-0. Mayor Niswanger opened the public hearing at 7:00 p.m. Page 3 of 7 There were no comments by the public. Motioned by Councilmember Smith, seconded by Councilmember Turley to close the public hearing. Motion approved 7-0. Mayor Niswanger closed the public hearing at 7:01 p.m. Motioned by Councilmember Drown, seconded by Councilmember Smith to approve item 8 as shown on Exhibit "A." Motion approved 7-0. 9. A public hearing to consider and act upon a request to rezone 40.0,:Vmcres located 2,500f feet north of Prosper Trail, on the east side of Dallas Parkway from Sin g,p X; (1y-15 (SF-15) to Commercial Corridor (CC). (Z07-6). (CC) Chris Copple, Development and Parks Planner, gave council backg(., information o'.. J., item. Motioned by Deputy Mayor Pro-Tem Dritschler, seconded byouncilmember Smith to open' l :.ublic hearing. Motion approved 7-0. Mayor Niswanger opened the public hearing at 7:03 p.m. Marty Brown, owner representative, answered quq%ions for council. Motioned by Councilmember Smith, seconded by`lfrtixnber Drown to'public hearing. Motion approved 7-0- .... .............. . '::;:;;. , Mayor Niswanger closed the public -hearing at 7:04 p Motioned by Deputy Corridor. Motion ain 10. A public hearing to Prosper r.Ir.,l, 1,200 1 Prosp4tt' to;;n Chris C,"'''':le, Development"�;1 ., Motioned buty Mayor Pro - Motion apuro G r ,,,O. Mayor Niswanger o0o, the Marty Brown, owner by to approve the request to rezone to Commercial d;;,--A upon a rei' ' est to rezone 226.51 acres on the north side of `�;ilxrlvay to amend Planned Development-8 (Lakes of 39 5± acres+-I(Z07-5). (CC) q.,se council background information on this item. ,y'er, seconded by Councilmember Turley to open the public hearing. at 7:07 p.m. answered questions for council. Motioned by Deputy Mayor Pro-Tem Dritschler, seconded by Councilmember Smith to close the public hearing. Motion approved 7-0. Mayor Niswanger closed the public hearing at 7:08 p.m. Motioned by Councilmember Wadsworth, seconded by Councilmember Drown to approve the amendment to the PD. Motion approved 6-1 with Turley voting "no." Page 4 of 7 11. A public hearing to consider and act upon an amendment to the Zoning Ordinance regarding Chapter 1, Section 8.4(B) — Changes and Amendments to all Zoning Ordinances and Districts and Administrative Procedures. (Z07-10). (CC) Chris Copple, Development and Parks Planner, gave council background information on this item. Motioned by Councilmember Wadsworth, seconded by Councilmember Turley to open the public hearing. Motion approved 7-0. Mayor Niswanger opened the public hearing at 7:26 p.m. There were no comments by the public. Mayor Niswanger left the council chambers. Motioned by Deputy Mayor Pro-Tem Dritschler, seconded by Motion approved 6-0. Mayor Pro-Tem Bristol closed the public hearing at 7:27 Motioned by Mayor Pro-Tem Bristol, seconded by Ordinance as recommended. Motion approved 6-0. 12. A public hearing to consider and act'?# N request to rez6 N' S 15 L.L....... northeast corner of Church Street and::; c(t;;reet (209 Ch (SF-15) to Downtown Office (DTO). (ZO 0),;,:,;,, Chris Copple, Development and Parks Planner, Council Meeting. Motioned by Deputy the June 26, 2007 ToN Motion approved 6-0. 13. A Chris Copp1 '•ibpvelopment and Council Meetiif'=':,;; Mayor Niswanger refd to the Smith to?' the public hearing. the amendment to the Zoning acres of land located on the ttet), from Single Family-15 led until the June 26, 2007 Town Tem Tchler, seconded .bv Councilmember Wadsworth to table the item until act up6h`' "request to rezone 15.3t acres of land located on the 1 the BNSF Railroad, from Single Family-15 (SF-15) to Industrial recommended this item be tabled until the June 26, 2007 Town chambers. Motioned by Deputy MayiTem Dritschler, seconded by Councilmember Smith to table the item until the June 26, 2007 Town Council M.A ng. Motion approved 7-0. DEPARTMENT ITEMS 16. Consider and act upon a change order to Red River Construction Company, Inc., for the Pump Station and 3 MG Ground Storage Tank Project. (HW) Hulon Webb, Director of Development Services, requested this item be tabled until the staff is ready to bring it forward for consideration. Page 5 of 7 Motioned by Councilmember Turley, seconded by Mayor Pro-Tem Bristol to table the item until such time as staff is ready to bring it back to council. Motion approved 7-0. 17, Consider and act upon the appointment of a Town Council liaison to the Prosper Parks and Recreation Board. (CC) Chris Copple, Development and Parks Planner, gave council background information on this item. Motioned by Councilmember Wadsworth, seconded by Councilmember Smith tthte>ihe item until the June 12, 2007 Town Council Meeting. 18. Discuss the scheduling and maintenance of the Town's sport4•..#`4ds. ? .; Frank Jaromin, Director of Public Works, gave council background•,i na on on this"' ,— ...tit �.. r:ti'�: Lloyd Mills, Prosper Area Soccer Organization, addressed the,;•: , cil on various issues witl ° ioorts fields. Brian Griffin, Prosper Sports Association, addressed the counc ';various,'.4.5su,ps with the sports # ds. Council discussed the issues and decided the issues should be addre'%: E'r etween the Parks and Recreation Board, Staff, and the sports organizations. �;:{<;;;:,;• 14. Discuss the appointment of a liaison to 'ri'jC.ate between the?:yp:�Council and the Planning & Zoning Commission. (CC) Chris Copple, Development and Parks Planner, gave ct c ckgro rmat, on this item. Council did not appoint a lien to thning and Zoni Commission. 20. Update to Tovn'`uncil re'';ding the 2007 County County Transportation Bond Committee Meetings and discuss< h ro i ntd,dition of a ibject to the submittal of proposed transportation projectsl Via;�ollin Coun r ca�insic 'the November 2007 Collin County Bond Election :.:. ry}h'ry as�i:; i?•i?'T:y�}ii?iz{Si";,-_ 4;`•?5�ii:r, i5 Hulon r.b, Director of `I pment ' red gave council an update on the transportation projects being consid::0r the Collin Couni#:nd Elect Chris Blair, 841yl, addressed touncil on this item. :'S. :. EXECUTIVE SESS1 21. Recess into close::9sion in compliance with Section 551.001 et. Seq. Texas Government Code, to wit: Section 551.0:74` to discuss the appointment and employment of a Town Manager. ,r,. Council recessed into closed session at 8:47 p.m. 22. Reconvene into regular session and take any action necessary as a result of the closed session. Council reconvened into regular session at 9:15 p.m. No action taken as a result of closed session. Page 6 of 7 23. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. Deputy Mayor Pro-Tem Dritschler asked that the following items be placed on a future agenda: • Formation of a neighborhood council • Formation of a committee for an annual Town celebration • A resolution or ordinance addressing cable or DSL franchise agreements for the older parts of town. Councilmember Smith requested a smoking ordinance be placed on a future agenda. Councilmember Wadsworth requested a discussion item on how the Town :''u's''&•:;.the 57 acres it recently purchased for practice facilities by the spring of 2008. 24. Adjourn. Motioned by Councilmember Smith, seconded by Councilmember taadjourn. Motion approved 7-0. Meeting adjourned at 9:18 p.m. Matthew D. Denton, TRMC Town Secretary CharIeiswanger, Mayor Page 7 of 7 PLANNING " 0 1", P R� P R,, S' E To: Mayor and Town Council From: Chris Copple, Development and Parks Planner Cc: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Re: Town Council Meeting — June 12, 2007 Date: June 8, 2007 Agenda Item: Consider and act upon an ordinance amending the Zoning Ordinance regarding the creation of the Downtown Retail District and the amending of the Downtown Residential District, the Downtown Office District, and the Downtown Commercial District, including, but not limited to, the permitted uses and development standards. (Z07-8) Description of Agenda Item: At their May 22, 2007 meeting, the Town Council approved zoning case Z07-8 by a vote of 7-0 subject to Town staff adding language that mandates buildings on a street intersection to be located on towards the corner of the intersection in the Downtown Retail (DTR) and Downtown Commercial (DTC) Districts. The following language has been added to the ordinance in the development standards for Downtown Retail (DTR) and Downtown Commercial (DTC) Districts: Front Yard Setback: c. If adjacent to an intersection, all property lines adjacent to a street shall be deemed a front yard. The building fagade adjacent to the streets must be located on the front yard setback lines towards the corner of the intersection. The setback is determined by the right-of-way width. Budget Impact: There are no significant budget implications associated with the approval of this amendment to the Zoning Ordinance. Legal Obligations and Review: Zoning Ordinance 05-20 requires that the Town Council hold a public hearing before amending the Zoning Ordinance. A public hearing has been held and the Town Council approved the amendment to the Zoning Ordinance. The ordinance has been prepared. Review of the ordinance by the Town Attorney is not required. Attached Documents: The Ordinance amending the Zoning Ordinance is attached. Town Staff Recommendation: Staff recommends the Town Council adopt the attached ordinance. Agenda Item No. 4b — Page 1 of 1 TOWN OF PROSPER, TEXAS ORDINANCE NO. 07- AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING CHAPTER 2 (ZONING DISTRICTS) AND CHAPTER 4, SECTIONS 2, 4, 5, 8, AND 9 OF ZONING ORDINANCE NO. 05- 20; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council") has determined that Chapter 2 (Zoning Districts) and Chapter 4, Sections 2, 4, 5, 8, and 9 of the Town of Prosper, Texas ("Prosper") Zoning Ordinance No.05-20 should be amended; and WHEREAS, Prosper has complied with all notices and public hearings as required by law; and WHEREAS, the Town Council finds that it will be advantageous, beneficial and in the best interest of the citizens of Prosper to amend Prosper's Zoning Ordinance No. 05-20 as set forth below. TEXAS: NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to ProspersZoning Ordinance No. 05-20. Chapter 2 (Zoning Districts) and Chapter 4, Sections 2, 4, 5, 8, and 9, of the Town of Prosper's. Zoning Ordinance No. 05-20 are hereby amended to read as follows: CHAPTER 2, SECTION 1 ZONING DISTRICTS ESTABLISHED AND DEFINITIONS 1.1 The Town of Prosper, Texas is hereby divided into the following zoning districts. Development occurring in the following Districts shall comply with the regulations and standards as established herein. The Districts established herein shall be known as: Abbreviated Designation Zoning District Name A Agricultural SF-E Sin le Family -Estate SF-22 Single Famil -22 SF-17.5 Single Famii -17.5 SF-15 Single Famii -15 SF-12.5 Single Fami! -12.5 SF-10 Sin le Famil -10 DTSF Downtown Single Family TH Townhome 2F Two Family Residential MF Multifamily MH Mobile Home 0 Office DTO Downtown Office NS Neighborhood Service DTR Downtown Retail R Retail DTC Downtown Commercial C Commercial CC Commercial Corridor ! Industrial PD Punned Development SUP Specific Use Permit 1.2 DEFINITIONS AND PURPOSE OF ZONING DISTRICTS (BASE ZONING DISTRICTS) DTSF • DOWNTOWN SINGLE FAMILY DISTRICT: This District is designed specifically for the residential portions of the original or downtown area of the Town. This area is generally bounded by the Railroad tracks on the west, Eighth Street on the north, Craig Road on the east, and First Street on the south. The standards set forth in this district strive to accommodate the original platting, as well as the preferable standard for a minimum fifty -foot lot width. These standards will provide for a suitable residential environment for family life on smaller parcels of land. Other uses, such as religious and educational facilities, parks, and open spaces will be provided for to maintain a balanced, orderly, convenient, and attractive residential area. This zoning district is appropriate in residential areas designated as Old Town Core District on the Future Land Use Plan. DTO - DOWNTOWN OFFICE DISTRICT: This District is established to maintain existing and encourage additional office development in the original downtown portion of the Town. Standards for vehicle parking, building set -backs, and building height are similar to those existing on developed properties in this section of the Town. Therefore, these standards are only applicable to this section of the Town. This district will accommodate a variety of office developments providing for professional, financial, medical, and similar services for local residents and service uses necessary to support such office uses. This zoning district may be appropriate in areas designated as Old Town Core district on the Future Land Use Plan. DTR —. DOWNTOWN RETAIL DISTRICT: This District is established to maintain existing and encourage additional retail development in the original downtown portion of the Town, west of Coleman Street. Standards for vehicle parking, building set -backs, and building height are similar to those existing on developed properties in this section of the Town. Therefore, these standards are only applicable to this section of the Town. This zoning district may be appropriate in areas designated as Old Town Core District on the Future Land Use Plan. DTC - DOWNTOWN COMMERCIAL DISTRICT: This District is established to maintain existing and encourage additional retail and commercial development in the original downtown portion of the Town. Standards for vehicle parking, building set -backs, and building height are similar to those existing on developed properties in this section of the Town. Therefore, these standards are only applicable to this section of the Town. This zoning district may be appropriate in areas designated as Old Town Core District on the Future Land Use Plan. CHAPTER 2, SECTION 10 DOWNTOWN SINGLE FAMILY DISTRICT 10.1 GENERAL PURPOSE AND DESCRIPTION: The Downtown Single Family District is designed specifically for the residential portions of the original or downtown area of the Town. This area is generally bounded by the Railroad tracks on the west, Eighth Street on the north, Craig Road on the east, and First .Street on the south. The standards set forth in this district strive to accommodate the original platting, as well as the preferable standard for a minimum fifty - foot lot width. These standards will provide for a suitable residential environment for family life on smaller parcels of land. Other uses, such as religious and educational facilities, parks, and open spaces will be provided for to maintain a balanced, orderly, convenient, and attractive residential area. This zoning district is appropriate in residential areas designated as Old Town Core District on the Future Land Use Plan. 10.2 REGULATIONS: A. Size of Yards: 1. Minimum Front Yard —Twenty five (25) feet. 2. Minimum Side Yard —Five (5) feet; fifteen (15) feet on corner adjacent to side street. 3. Minimum Rear Yard —Ten (10) feet. B. Size of Lots: 1. Minimum Lot Area —Six thousand (6,000) square feet. 2. Minimum Lot Width — Fifty (50) feet. 3. Minimum Lot Depth —One hundred and twenty (120) feet. C. Minimum Dwelling Area: One thousand five hundred (1,500) square feet. D. Maximum Height: Two and a half (21/2) stories, no greater than forty (40) feet.. E. Lot Coverage: fifty five (55) percent. F. Building Materials: Exterior Construction of Main Buildings, Chapter 4, Section 9.8 10.3 PERMITTED USES: List of Permitted Uses: Uses followed by an S are permitted by Specific Use Permit. Uses followed by a C are permitted subject to conditional development standards. See Chapter 3, Section 1 for the conditional development standards. • Accessory Building • Antenna and/or Antenna Support Structure, Non -Commercial C • Athletic Stadium or Field, Private C • Athletic Stadium or Field, Public • Bed and Breakfast Inn S • Day Care Center, Adult S • Day Care Center, Child C • Day Care Center, In -Home C • Garage Apartment • Guest House • Home Occupation C • Homebuilder Marketing Center C • House of Worship • Household Care Facility • Model Home • Municipal Uses Operated by the Town of Prosper • Park or Playground • Private Recreation Center • Private Street Development C • Private Utility, Other Than Listed • Rehabilitation Care Facility C • School District Bus Yard C • School, Private or Parochial S • School, Public • Single Family Dwelling, Detached • Stealth Antenna, Commercial C • Studio Dwelling • Telephone Exchange S • Temporary Building C • Two Family Dwelling (Duplex) S • Utility Distribution/Transmission Facility S • Water Treatment Plant S 10.4 ARCHITECTURAL STANDARDS: A. All construction must have an approved facade plan before issuance of a building permit. The Town Planner or his/her designee will review all facade plans according to the following standards and will either approve or deny the request. The applicant shall submit the appeal request in writing, within 14 days of the decision, to the Planning Department. The written request shall include specific reasons for the appeal and will be heard by the Town Council. Appeals will require notification of property owners within 200 feet and shall be mailed 10 days prior to the hearing. B. Structures must incorporate covered porches into the front facade, a multiplicity of roof forms, and high pitch roof lines. The recommended architectural styles are Folk traditional, Craftsman, and Victorian. The following examples are provided as guides for all new construction in the Downtown Single Family District; Multiplrci$v of roi inrl{3 �,- '31i`/r2 ukip le, lights arld railings I Covered porches CHAPTER 2, SECTION 16 DOWNTOWN OFFICE DISTRICT 16.1 GENERAL PURPOSE AND DESCRIPTION: The Downtown Office District is established to maintain existing and encourage additional office development in the original downtown portion of the Town. Standards for vehicle parking, building set- backs, and building height are similar to those existing on developed properties in this section of the Town. Therefore, these standards are only applicable to this section of the Town. This district will accommodate a variety of office developments providing for professional, financial, medical, and similar services for local residents and service uses necessary to support such office uses. This zoning district may be appropriate in areas designated as Old Town Core District on the Future Land Use Plan. 16.2 REGULATIONS: A. Size of Yards: 1. Minimum Front Yard —Twenty five (25) feet. 2. Minimum Side Yard —Five (5) feet; fifteen (15) feet on comer adjacent to side street. 3. Minimum Rear Yard —Ten (10) feet. B. Size of Lots: 1. Minimum Lot Area —Six thousand (6,000) square feet. 2. Minimum Lot Width — Fifty (50) feet. 3. Minimum Lot Depth —One hundred and twenty (120) feet. C. Minimum Dwelling Area: One thousand five hundred (1,500) square feet. D. Maximum Height: Two and a half (2'/2) stones, no greater than forty (40) feet, E. Lot Coverage: fifty five (55) percent. F. Building Materials: Exterior Construction of Main Buildings, Chapter 4, Section 9.8 16.3 PERMITTED USES: A. Studio dwellings are permitted in this District only when located in conjunction with an Office use. B. List of Permitted Uses: Uses followed by an S are permitted by Specific Use Permit. Uses followed by a C are permitted subject to conditional development standards. See Chapter 3, Section 1 for the conditional development standards. • Accessory Building • Administrative, Medical, or Professional Office • Antenna and/or Antenna Support Structure, Non -Commercial C • Athletic Stadium or Field, Public • Automobile Parking Lot/Garage • Bank, Savings and Loan, or Credit Union • Beauty Salon/Barber Shop • Bed and Breakfast Inn S • Business Service • Caretaker's/Guard's Residence • Civic/Convention Center • College, University, Trade, or Private Boarding School • Commercial Amusement, Indoor • Community Center • Day Care Center, Adult S • Day Care Center, Child C • Day Care Center, Incidental S • Dry Cleaning, Minor • Fraternal Organization, Lodge, Civic Club, Fraternity, or Sorority • Governmental Office • Gymnastics/Dance Studio • Health/Fitness Center • Homebuilder Marketing Center • Hospital • House of Worship • Insurance Office • Municipal Uses Operated by the Town of Prosper • Museum/Art Gallery • Park or Playground • Print Shop, Minor • Private Club S • Private Recreation Center • Private Utility, Other Than Listed • Restaurant or Cafeteria C • Retail/Service Incidental Use • School, Private or Parochial • School, Public • Stealth Antenna, Commercial C • Studio Dwelling • Telephone Exchange • Temporary Building C • Utility Distribution/Transmission Facility S • Water Treatment Plant S 16.4 ARCHITECTURAL STANDARDS: B. All construction must have an approved fagade plan before issuance of a building permit. The Town Planner or his/her designee will review all facade plans according to the following standards and will either approve or deny the request. The applicant shall submit the appeal request in writing, within 14 days of the decision, to the Planning Department. The written request shall include specific reasons for the appeal and will be heard by the Town Council. Appeals will require notification of property owners within 200 feet and shall be mailed 10 days prior to the hearing. B. Structures must incorporate covered porches into the front facade, a multiplicity of roof forms, and high pitch roof lines. The recommended architectural styles are Folk traditional, Craftsman, and Victorian. The following examples are provided as guides for all new construction in the Downtown Single Family District: CHAPTER 2, SECTION 18 DOWNTOWN RETAIL DISTRICT 18.1 GENERAL PURPOSE AND DESCRIPTION: The Downtown Retail District is established to maintain existing and encourage additional retail development in the original downtown portion of the Town. Standards for vehicle parking, building set- backs, and building height are similar to those existing on developed properties in this section of the Town. Therefore, these standards are only applicable to this section of the Town. This zoning district may be appropriate in areas designated as Old Town Core District on the Future Land Use Plan. 18.2 REGULATIONS: A. Size of Yards: 1. Minimum Front Yard: a. None if adjacent to a street with a right-of-way of eighty (80) feet or greater, a minimum of eighty (80) percent of any building facade adjacent to a street must be constructed on the property line. b. Five (5) feet if adjacent to a street with less than eighty (80) if right-of-way, a minimum of eighty (80) percent of any building facade adjacent to a street must be constructed on the front yard setback line. c. If adjacent to an intersection, all property lines adjacent to a street shall be deemed a front yard. The building facade adjacent to the streets must be located on the front yard setback lines towards the comer of the intersection. The setback is determined by the right-of-way width. The area between the back of curb and the building facade shall be provided as a minimum of twelve (12) foot wide concrete sidewalk measured from the back of curb. Any area beyond the twelve (12) feet and adjacent to the building facade may be provided as sidewalk or landscaping. The following projections shall be permitted in the required setback or beyond the property line: a. Ordinary building projections, including but not limited to: water tables, sills, belt courses, and pilasters, may project up to twelve (12) inches into the required front yard or beyond the property line, or beyond the face of an architectural projection. b. Balconies above the first floor may project up to forty-eight (48) inches into the required front yard or beyond the property line and have a minimum of nine (9) feet of clearance over the sidewalk. c. Canopies, awnings, cinema or theater marquees, and/or kiosks may project up to forty-eight (48) inches into the required front yard or beyond the property line and have a minimum of nine (9) feet of clearance over the sidewalk. d. Roof eaves, soffits, cornices, and parapet treatments may project up to thirty-six (36) inches into the required front yard or beyond the property line, or beyond the face of an architectural projection, provided that no portion extending below nine (9) feet above the sidewalk may project more than twelve (12) inches. e. Architectural projections, including bays, first floor show windows, towers, and oriels; below grade vaults and areaways; and elements of a nature similar to the preceding; may project up to thirty-six (36) inches into the required front yard or beyond the property line. 2. Minimum Side Yard: a. None, subject to provision of fire retardant wall as required by current adopted edition of the Uniform Building Code. b. Ten (10) feet without fire retardant wall. 3, Minimum Rear Yard: a. None, if abutting an alley and constructed with fire retardant wall. b. None, if attached to an adjacent building and constructed with fire retardant wall. c. Ten (10) feet without alley separation or fire retardant wall. B. Size of Lots: 1. Minimum Size of Lot Area: Five thousand (5,000) square feet unless platted as a lot of record prior to the adoption of this district. 2. Minimum Lot Width: Forty five (45) feet unless platted as a lot of record prior to the adoption of this district. 3. Minimum Lot Depth: One hundred (100) feet unless platted as a lot of record prior to the adoption of this district. C. Maximum Height: Two (2) stories, no greater than forty (40) feet. 18.3 PERMITTED USES: A. Studio dwellings are permitted in this District only when located in conjunction with a retail use B. List of Permitted Uses: Uses followed by an S are permitted by Specific Use Permit. Uses followed by a C are permitted subject to conditional development standards. See Chapter 3, Section 1 for the conditional development standards. • Accessory Building • Administrative, Medical, or Professional Office • Antenna and/or Antenna Support Structure, Non -Commercial C • Antique Shop and Used Furniture • Artisan's Workshop • Athletic Stadium or Field, Public • Automobile Parking Lot/Garage • Bank, Savings and Loan, or Credit Union • Beauty Salon/Barber Shop • Bed and Breakfast Inn • Beer & Wine Package Sales C • Business Service • Caretaker's/Guard's Residence • Civic/Convention Center • College, University, Trade, or Private Boarding School • Commercial Amusement, Indoor • Community Center • Convenience Store without Gas Pumps • Day Care Center, Adult S • Day Care Center, Child C • Day Care Center, Incidental S • Dry Cleaning, Minor • Farmer's Market • Feed Store • Fraternal Organization, Lodge, Civic Club, Fraternity, or Sorority • Furniture, Home Furnishings and Appliance Store • Governmental Office • Gymnastics/Dance Studio • Health/Fitness Center • Homebuilder Marketing Center • Hospital • House of Worship • Household Appliance Service and Repair • Insurance Office • Locksmith/Security System Company • Massage Therapy, Licensed • Mobile Food Vendor C • Municipal Uses Operated by the Town of Prosper • Museum/Art Gallery • Office/Showroom • Park or Playground • Pet Day Care C • Print Shop, Minor • Private Club S • Private Recreation Center • Private Utility, Other Than Listed • Restaurant or Cafeteria C • Retail Stores and Shops • Retail/Service Incidental Use • School, Private or Parochial • School, Public • Stealth Antenna, Commercial C • Studio Dwelling • Telephone Exchange • Temporary Building C • Theater, Neighborhood • Utility Distribution/Transmission Facility S • Veterinarian Clinic and/or Kennel, Indoor • Water Treatment Plant S • Winery 18.4 ARCHITECTURAL STANDARDS: A. All construction must have an approved fagade plan before issuance of a building permit. The Town Planner or his/her designee will review all fagade plans according to the following standards and will either approve or deny the request. The applicant shall submit the appeal request in writing, within 14 days of the decision, to the Planning Department. The written request shall include specific reasons for the appeal and will be heard by the Town Council, Appeals will require notification of property owners within 200 feet and shall be mailed 10 days prior to the hearing. B. The primary building material shall be clay fired brick. Natural stones and other masonry materials are encouraged for architectural details and accents. C. Awning and canopies should be architectural materials that compliment the building such as metal flashing, wood trim, or fabric. Vinyl is not permitted. D. Choice of color for the primary fagade, various architectural elements, or details shall be compatible with the overall visual qualities existing within the original downtown portion of the Town. E. The following examples are provided as guides for all new construction in the Downtown Retail District: ParaW Wall Medallion &30ket Pedimem Cornice 'Nlndow LintW Window Sash kNindow S l FOSCID'Silp scan Tranwip kv#ndows Dispiev Windo'.4L ! rw er Window Paneiz Punter )M!ce TQC ire we'lmni Brick INLA J �l1HY3CN' 014acYv33fcg4l 4fr3lt i[YS'?R. _ w A i meal r"InLpy jv "S a• . c StOrP tfOrT i (AIIJ realarre');Ixk naves CHAPTER 2, SECTION 20 DOWNTOWN COMMERCIAL DISTRICT 20.1 GENERAL PURPOSE AND DESCRIPTION: The Downtown Commercial District is established to maintain existing and encourage additional retail and commercial development in the original downtown portion of the Town. Standards for vehicle parking, building set -backs, and building height are similar to those existing on developed properties in this section of the Town. Therefore, these standards are only applicable to this section of the Town. This zoning district may be appropriate in areas designated as Old Town -Core District on the Future Land Use Plan. 20.2 REGULATIONS: A. Size of Yards: 1. Minimum Front Yard: a. None if adjacent to a street with a right-of-way of eighty (80) feet or greater, a minimum of eighty (80) percent of any building fagade adjacent to a street must be constructed on the property line. b. Five (5) feet if adjacent to a street with less than eighty (80) if right-of-way, a minimum of eighty (80) percent of any building facade adjacent to a street must be constructed on the front yard setback line. c. If adjacent to an intersection, all property lines adjacent to a street shall be deemed a front yard. The building facade adjacent to the streets must be located on the front yard setback lines towards the corner of the intersection. The setback is determined by the right-of-way width. The area between the back of curb and the building facade shall be provided as a concrete sidewalk a minimum of twelve (12) feet wide measured from the back of curb. Any area beyond the twelve (12) feet and adjacent to the building facade may be provided as sidewalk or landscaping. The following projections shall be permitted in the required front yard: a. Ordinary building projections, including but not limited to: water tables, sills, belt courses, and pilasters, may project up to twelve (12) inches into the required front yard or beyond the property line, or beyond the face of an architectural projection. b. Balconies above the first floor may project up to forty-eight (48) inches into the required front yard or beyond the property line and have a minimum of nine (9) feet of clearance over the sidewalk. c. Canopies, awnings, cinema or theater marquees, and/or kiosks may project up to forty-eight (48) inches into the required front yard or beyond the property line and have a minimum of nine (9) feet of clearance over the sidewalk. d. Roof eaves, soffits, cornices, and parapet treatments may project up to thirty-six (36) inches into the required front yard or beyond the property line, or beyond the face of an architectural projection, provided that no portion extending below nine (9) feet above the sidewalk may project more than twelve (12) inches. e. Architectural projections, including bays, first floor show windows, towers, and oriels; below grade vaults and areaways; and elements of a nature similar to the preceding; may project up to thirty-six (36) inches into the required front yard or beyond the property line. 2. Minimum Side Yard: a. None if adjacent to a non-residential district, subject to provision of fire retardant wall as required by current adopted edition of the Uniform Building Code. b. Thirty (30) feet for a one (1) story building adjacent to a residential district and sixty (60) feet for a two (2) or more story building adjacent to a residential district. 3. Minimum Rear Yard: a. None, if adjacent to a non-residential district and abutting an alley and constructed with fire retardant wall. b. None, if attached to an adjacent building and constructed with fire retardant wall. c. Ten (10) feet, if adjacent to a non-residential district without alley separation or fire retardant wall. d. Thirty (30) feet for a one (1) story building adjacent to a residential district and sixty (60) feet for a two (2) or more story building adjacent to a residential district. B. Size of Lots: 1. Minimum Size of Lot Area: Five thousand (5,000) square feet unless platted as a lot of record prior to the adoption of this district. 2. Minimum Lot Width: Forty five (45) feet unless platted as a lot of record prior to the adoption of this district. 3. Minimum Lot Depth: One hundred (100) feet unless platted as a lot of record prior to the adoption of this district. C. Maximum Height: Two (2) stories, no greater than forty (40) feet. 20.3 PERMITTED USES: A. Studio dwellings are permitted in this District only when located in conjunction with a Commercial use. B. List of Permitted Uses: Uses followed by an S are permitted by Specific Use Permit. Uses followed by a C are permitted subject to conditional development standards. See Chapter 3, Section 1 for the conditional development standards. • Accessory Building • Administrative, Medical, or Professional Office • Antenna andlor Antenna Support Structure, Non -Commercial C • Antique Shop and Used Furniture • Artisan's Workshop • Athletic Stadium or Field, Public • Auto Parts Sales, Inside • Automobile Paid Parking Lot/Garage • Automobile Parking Lot/Garage • Automobile Repair, Major S • Automobile Repair, Minor • Bank, Savings and Loan, or Credit Union • Beauty Salon/Barber Shop • Bed and Breakfast Inn • Beer & Wine Package Sales C • Bottling Works • Building Material and Hardware Sales, Major S • Building Material and Hardware Sales, Minor Business Service Cabinet/Upholstery Shop Caretaker's/Guard's Residence Civic/Convention Center College, University, Trade, or Private Boarding School Commercial Amusement, Indoor Commercial Amusement, Outdoor S Community Center Convenience Store without Gas Pumps Dance Hall S Day Care Center, Adult S Day Care Center, Child C Day Care Center, Incidental S Dry Cleaning, Minor Equipment and Machinery Sales and Rental, Minor Farmer's Market Feed Store Fraternal Organization, Lodge, Civic Club, Fraternity, or Sorority Furniture Restoration S Furniture, Home Furnishings and Appliance Store Governmental Office Gunsmith Gymnastics/Dance Studio Health/Fitness Center Homebuilder Marketing Center Hospital Hotel C House of Worship Household Appliance Service and Repair Insurance Office Laundromat Limited Assembly and Manufacturing Use Complying with Performance Standards S Locksmith/Security System Company Massage Therapy, Licensed Mobile Food Vendor C Mortuary/Funeral Parlor Motel C Municipal Uses Operated by the Town of Prosper Museum/Art Gallery Nursery, Minor Office/Showroom Office/Warehouse/Distribution Center Open Storage Park or Playground Pet Day Care C Print Shop, Major Print Shop, Minor Private Club S • Private Recreation Center • Private Utility, Other Than Listed • Recycling Collection Point • Rehabilitation Care Institution S • Research and Development Center C • Restaurant or Cafeteria C • Retail Stores and Shops • Retail/Service Incidental Use • School, Private or Parochial • School, Public • Small Engine Repair Shop • Stealth Antenna, Commercial C • Storage or Wholesale Warehouse • Studio Dwelling • Telephone Exchange • Temporary Building C • Theater, Neighborhood • Utility Distribution/Transmission Facility S • Veterinarian Clinic and/or Kennel, Indoor • Water Treatment Plant S • Winery 20.4 ARCHITECTURAL STANDARDS: A. All construction must have an approved facade plan before issuance of a building permit. The Town Planner or his/her designee will review all facade plans according to the following standards and will either approve or deny the request. The applicant shall submit the appeal request in writing, within 14 days of the decision, to the Planning Department. The written request shall include specific reasons for the appeal and will be heard by the Town Council. Appeals will require notification of property owners within 200 feet and shall be mailed 10 days prior to the hearing. B. The primary building material shall be clay fired brick. Natural stones and other masonry materials are encouraged for architectural details and accents. C. Awning and canopies should be architectural materials that compliment the building such as metal flashing, wood trim, or fabric. Vinyl is not permitted. D. Choice of color for the primary facade, various architectural elements, or details shall be compatible with the overall visual qualities existing within the original downtown portion of the Town. E. The following examples are provided as guides for all new construction in the Downtown Commercial District: Parapet !Kull 'ledall1cm Bracket prdin',eni Corniva W Wndow Llnt�!l Window Sash . Window Si# Fasaa Sgn aoani .. l rans.om Windaws 'Nsplsy Wndow& Lweer'Nodow panets Pticsfetr � ' sml�e )pe ipse oredrant cworatE+r ®tick Wo lx Fvrr? krlr.� — taci«: armirg^c metal canopy stCrC trom CHAPTER 4, SECTION 2 (C. 3. b.) LANDSCAPING b. In the DTR and DTC Districts, large trees shall be planted every thirty (30) feet on center in tree grates within the sidewalk a minimum of four (4) feet behind the back of curb. The trees shall be a minimum three (3) inch caliper at the time of planting. CHAPTER 4, SECTION 4 PARKING AND LOADING 4.2 RESIDENTIAL PARKING PROVISIONS E. In the SF, DTSF, TH and 2F Zoning Districts, there shall be a minimum of two (2) parking spaces located behind the front building line and enclosed in the main or an accessory building. In addition, there shall be two (2) paved parking spaces provided behind the front property line only for the purpose of allowing on -site stacking or maneuvering to the enclosed spaces. F. In the SF, DTSF, TH and 2F Zoning Districts, required enclosed parking and stacking spaces shall be a minimum of ten (10) feet wide and twenty-two (22) feet long. The required maneuvering spaces shall be a minimum of nine (9) feet wide and twenty (20) feet long. Required enclosed parking and stacking spaces shall remain clear of any encroachments. 4.7 LOCATION OF PARKING SPACES All parking spaces required herein shall be located on the same lot with the building or use served, except as follows: C, Required parking in the DTO, DTR, and DTC Districts may be reduced by fifty (50) percent of the current parking requirements as they exist or may be amended. If it is determined that due to existing site constraints, the requirements of this Ordinance cannot be met, the Director of Planning may approve the use of parallel or head -in parking located within the street right-of-way, if sufficient right-of- way exists, to satisfy parking requirements. CHAPTER 4, SECTION 5 SCREENING FENCES AND WALLS 5.2 LOCATION OF REQUIRED SCREENING K. A six (6) foot irrigated living screen shall be required when parking is located adjacent to residential in the Downtown Commercial District (DTC), Downtown Retail District (DTR), or the Downtown Office District (DTO). CHAPTER 4, SECTION 8 NON-RESIDENTIAL DESIGN AND DEVELOPMENT 8.2 EXTERIOR APPEARANCE OF BUILDINGS AND STRUCTURES C. All buildings with a footprint of less than ten thousand (10,000) square feet shall incorporate a pitched, gabled, mansard, hipped, or otherwise sloped roof. All sloped roofs shall have a three (3) in twelve (12) inch minimum slope. Wood shingles are prohibited. D. All buildings with a footprint of ten thousand (10,000) square feet and greater shall incorporate sloped roof elements including, but not limited to pitched roofs on towers or arcades, sloped awnings, or sloped parapets. The sloped elements shall be provided along a minimum of sixty (60) percent of each wall's length. All sloped roof elements shall have a three (3) in twelve (12) inch minimum slope. Wood shingles are prohibited. E. In the DTR and DTC Districts, an articulated parapet wall or cornice may be used in place of the sloped roof as required in Section 8.2(C) and (D) above. G. In the DTR and DTC Districts, all windows shall include a minimum sill height of eighteen (18) inches CHAPTER 4, SECTION 9 ADDITIONAL AND SUPPLEMENTAL 9.4 SIDE AND REAR YARDS: C. Side yard setbacks in the R, C, and CC Districts may be waived for a building when attached to an adjacent building and is shown on a site plan approved by the Planning & Zoning Commission, 9.5 MODULAR HOMES: A Modular Home may be permitted in the A, SF, DTSF, 2F, TH, MH, or MF Districts providing that the following requirements are met: A. The dwelling shall meet or exceed all building code requirements that apply to other dwelling units concerning on -site construction. B. Conforms to all applicable zoning standards for the respective Zoning District. C. Is affixed to an approved permanent foundation system. D. The building official is so notified in writing for the purpose of establishing procedures for the inspection, issuing of building permits, and compliance with the Texas Manufactured Housing Standards Act (Article 1221f V.T.C.S.). E. The Modular Home is placed on an approved platted lot of the Town. 9.8 EXTERIOR CONSTRUCTION OF MAIN BUILDINGS A. The exterior facades of a main building or structure, excluding glass windows and doors, in the A, SF, DTSF, 2F, and TH Districts shall be constructed of one hundred (100) percent masonry, unless otherwise specified in this Ordinance. Cementatious fiber board is considered masonry, but may only constitute fifty (50) percent of stories other than the first story. In the DTSF and the DTO District, cementatious fiber board may be used on up to ninety (90) percent of a structure. Cementatious fiber board may also be used for architectural features, including window box -outs, bay windows, roof dormers, garage door headers, columns, chimneys not part of an exterior wall, or other architectural features approved by the Building Official. Wood roof shingles are prohibited. B. All exterior facades for a main building or structure, excluding glass windows and doors, in the MF, 0, DTR, NS, R, DTC, C, CC, and I Districts shall be constructed of one hundred (100) percent masonry as defined in Chapter 3, Section 2. The use of stucco and EIFS are only permitted as secondary or accent materials. SECTION 4: Saving_slRepealing Clause: Prosper's Zoning Ordinance No. 05-20 shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall remain in full force and effect. SECTION 5: Severabili : Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 6: Penalty Provision. Any person, firm, corporation or business entity violating this Ordinance or any provision of Prosper's Zoning Ordinance No. 05-20, or as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Two Thousand Dollars ($2,000,00). Each continuing days violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 7: Effective Date: This Ordinance shall become effective from and after its adoption and publication as required by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS ON THIS 12th DAY OF JUNE, 2007. APPROVED AS TO FORM: Charles Niswanger, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: Matthew Denton, Town Secretary DATE OF PUBLICATION: . Dallas Moming News — Collin County Addition PLANNING To: Mayor and Town Council From: Chris Copple, Development and Parks Planner Cc: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Re: Town Council Meeting — June 12, 2007 Date: June 8, 2007 Agenda Item: Consider and act upon an ordinance rezoning 32.9t acres from Single Family-15 (SF-15) to Downtown Commercial (DTC) along McKinley Street; 11.6t acres from Single Family-15 (SF- 15), Office (0), and Downtown Office (DTO) to Downtown Retail (DTR) along Broadway Street, west of Coleman Street; 2.9t acres from Single Family-15 (SF-15) to Downtown Office (DTO) west of Coleman Street at Fifth Street; and 9.3t acres from Single Family-15 (SF-15) to Downtown Office (DTO) east of Coleman Street, along Church Street. (Z07-9). Description of Agenda Item: At their May 22, 2007 meeting, the Town Council approved zoning case Z07-9 by a vote of 7-0. Budoet Impact: There are no significant budget implications associated with the approval of this zoning request. Legal Obligations and Review: Zoning Ordinance 05-20 requires that the Town Council hold a public hearing before approving a zoning request and adopting an ordinance rezoning property. A public hearing has been held and the Town Council approved the zoning case. The ordinance has been prepared. Review of the ordinance by the Town Attorney is not required. Attached Documents: The Ordinance rezoning the property is attached. Town Staff Recommendation: Staff recommends the Town Council adopt the attached ordinance. Agenda Item No. 4c W Page 1 of 1 TOWN OF PROSPER, TEXAS ORDINANCE NO. 07- AN ORDINANCE AMENDING PROSPERS ZONING ORDINANCE NO. 05-20; REZONING TRACTS OF LAND CONSISTING OF 56.69 ACRES, MORE OR LESS, SITUATED IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS, HERETOFORE ZONED SINGLE FAMILY-15 (SF-15), OFFICE (0), AND DOWNTOWN OFFICE (DTO) IS HEREBY REZONED AND PLACED IN THE ZONING CLASSIFICATION OF DOWNTOWN COMMERCIAL (DTC), DOWNTOWN RETAIL (DTR), AND DOWNTOWN OFFICE (DTO); DESCRIBING THE TRACT TO BE REZONED; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas (the "Town Council") has investigated and determined that Zoning Ordinance No. 05-20 should be amended; and WHEREAS, the Town of Prosper, Texas ("Prosper") has initiated the rezoning of 56.69 acres of land, more or less, situated in the Town of Prosper, Collin County, Texas; and WHEREAS, the Town Council has investigated into and determined that the facts contained in the request are true and correct; and WHEREAS, all legal notices required for rezoning have been given in the manner and form set forth by law, and public hearings have been held on the proposed rezoning and all other requirements of notice and completion of such zoning procedures have been fulfilled; and WHEREAS, the Town Council has further investigated into and determined that it will be advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth below. TEXAS: NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendments to Zoning Ordinance No. 05-20. Zoning Ordinance No. 05-20 is amended as follows: The zoning designation of the property containing 56.69 acres of land, more or less, situated in the Town of Prosper, Collin County, Texas, (the "Property") and all streets, roads and alleyways contiguous and/or adjacent thereto is hereby rezoned as Downtown Commercial (DTC), 32.92 acres, Downtown Retail (DTR), 11.60 acres, and Downtown Office (DTO), 12.17 acres. The Property as a whole and for this zoning classification is more particularly described in Exhibit "A" attached hereto and incorporated herein for all purposes as if set forth verbatim. All development plans, standards, and uses for the Property shall comply fully with the requirements of all ordinances, rules, and regulations of the Town of Prosper, as they currently exist or may be amended. Three original, official and identical copies of the zoning exhibit map are hereby adopted and shall be filed and maintained as follows: a. Two (2) copies shall be filed with the Town Secretary and retained as original records and shall not be changed in any matter. b. One (1) copy shall be filed with the Building Inspector and shall be maintained up-to-date by posting thereon all changes and subsequent amendments for observation, issuing building permits, certificates of compliance and occupancy and enforcing the zoning ordinance. Reproduction for information purposes may from time -to -time be made of the official zoning district map. Written notice of any amendment to this District shall be sent to all owners of properties within the District as well as all properties within two hundred feet (200') of the District to be amended. SECTION 3: No Vested Interest/Repeal. No developer or property owner shall acquire any vested interest in this Ordinance or in any other specific regulations contained herein. Any portion of this Ordinance may be repealed by the Town Council in the manner provided for by law. SECTION 4: Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to make use of said premises in some manner other than as authorized by this Ordinance, and shall be unlawful for any person, firm or corporation to construct on said premises any building that is not in conformity with the permissible uses under this Zoning Ordinance. SECTION 5: Penal . Any person, firm, corporation or business entity violating this Ordinance or any provision of Prosper's Zoning Ordinance No. 05-20, or as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from fling suit to enjoin the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 7: Savin s1Re ea ling Clause. Prosper's Zoning Ordinance No. 05-20 shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict, but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the appeal prevent a prosecution from being commenced for any violation if occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 8: Effective Date. This Ordinance shall become effective from and after its adoption and publications as required by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS ON THIS 12th DAY OF JUNE, 2007. APPROVED AS TO FORM: Charles Niswanger, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: Matthew Denton, Town Secretary DATE OF PUBLICATION., Dallas Morning News— Collin County Addition SF-15 Exhibit A SF-15 EIGHTH ST R SF-15 U) Z 0 SEVENTH ST Ex.i,zting Zoning SF 15, Proposed Zoning DTO. I Z SIXTH ST �' a Existing;Zoning SF-15 � Proposed Zoning'DTC FIFTH ST Existing Zoning SF-15/0/DTO Proposed Zoning DTR SF-15 Existing Zoning SF-15 I Proposed Zoning DTO P,r-D.,NF)W,Y ST I ,. THIRD.ST DTR C m, ` � Z SECOND 5T ' LP FIRST-ST ' -C Z [C] PD-3 ! rP 3 h F-1 aE SF-15- `ISF-15 TOWN OF PROSPER Proposed Downtown Rezoning Source: Town of Prosper Planning Date: April 11, 2007 1 inch equals 500 feet N 0 250 500 750 n Feet N Legend ...... City Limits ETJ Parcels 0 Existing Zoning Boundaries ® Proposed Zoning Boundaries PLANNING i To: Mayor and Town Council From: Chris Copple, Development and Parks Planner Cc: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Re: Town Council Meeting -- June 12, 2007 Date: June 8, 2007 Agenda Item: Consider and act upon an ordinance rezoning 40.0t acres located 2,500f feet north of Prosper Trail, on the east side of Dallas Parkway from Single Family-15 (SF-15) to Commercial Corridor (CC). (Z07-6). Description of Agenda Item: At their May 22, 2007 meeting, the Town Council approved zoning case Z07-6 by a vote of 7-0. Budnet Impact: There are no significant budget implications associated with the approval of this zoning request Lenal Obligations and Review: Zoning Ordinance 05-20 requires that the Town Council hold a public hearing before approving a zoning request and adopting an ordinance rezoning property. A public hearing has been held and the Town Council approved the zoning case. The ordinance has been prepared. Review of the ordinance by the Town Attorney is not required. Attached Documents: The Ordinance rezoning the property is attached. Town Staff Recommendation: Staff recommends the Town Council adopt the attached ordinance. Agenda Item No. 4d - Page 1 of 1 TOWN OF PROSPER, TEXAS ORDINANCE NO. 07- AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20; REZONING A TRACT OF LAND CONSISTING OF 40.04 ACRES, MORE OR LESS, SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY NO. 12, ABSTRACT NO. 147, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS, HERETOFORE ZONED SINGLE FAMILY-15 (SF-15) IS HEREBY REZONED AND PLACED IN THE ZONING CLASSIFICATION OF COMMERCIAL CORRIDOR (CC); DESCRIBING THE TRACT TO BE REZONED, PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas (the "Town Council") has investigated and determined that Zoning Ordinance No. 05-20 should be amended; and WHEREAS, the Town of Prosper, Texas ("Prosper") has received a request from Bon Terre-B, Ltd. ("Applicant") to rezone 40.04 acres of land, more or less, situated in the Collin County School Land Survey No. 12, Abstract No. 147, in the Town of Prosper, Collin County, Texas; and WHEREAS, the Town Council has investigated into and determined that the facts contained in the request are true and correct; and WHEREAS, all legal notices required for rezoning have been given in the manner and form set forth by law, and public hearings have been held on the proposed rezoning and all other requirements of notice and completion of such zoning procedures have been fulfilled; and WHEREAS, the Town Council has further investigated into and determined that it will be advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth below. TEXAS: NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendments to Zoning Ordinance No. 05-20. Zoning Ordinance No. 05-20 is amended as follows: The zoning designation of the property containing 40.04 acres of land, more or less, situated in the Collin County School Land Survey No. 12, Abstract No. 147, in the Town of Prosper, Collin County, Texas, (the "Properly") and all streets, roads and alleyways contiguous and/or adjacent thereto is hereby rezoned as Commercial Corridor (CC). The Property as a whole and for this zoning classification is more particularly described in Exhibit "A" attached hereto and incorporated herein for all purposes as if set forth verbatim. All development plans, standards, and uses for the Property shall comply fully with the requirements of all ordinances, rules, and regulations of the Town of Prosper, as they currently exist or may be amended. Three original, official and identical copies of the zoning exhibit map are hereby adopted and shall be filed and maintained as follows: a. Two (2) copies shall be filed with the Town Secretary and retained as original records and shall not be changed in any matter. b. One (1) copy shall be filed with the Building Inspector and shall be maintained up-to-date by posting thereon all changes and subsequent amendments for observation, issuing building permits, certificates of compliance and occupancy and enforcing the zoning ordinance. Reproduction for information purposes may from time -to -time be made of the official zoning district map. Written notice of any amendment to this District shall be sent to all owners of properties within the District as well as all properties within two hundred feet (200') of the District to be amended. SECTION 3: No Vested Interest/Repeal. No developer or property owner shall acquire any vested interest in this Ordinance or in any other specific regulations contained herein. Any portion of this Ordinance may be repealed by the Town Council in the manner provided for by law. SECTION 4: Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to make use of said premises in some manner other than as authorized by this Ordinance, and shall be unlawful for any person, firm or corporation to construct on said premises any building that is not in conformity with the permissible uses under this Zoning Ordinance. SECTION 5: Penalty. Any person, firm, corporation or business entity violating this Ordinance or any provision of Prosper's Zoning Ordinance No. 05-20, or as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 7: SavingslRegealing Clause. Prosper's Zoning Ordinance No. 05-20 shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict, but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the appeal prevent a prosecution from being commenced for any violation if occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 8: Effective Date. This Ordinance shall become effective from and after its adoption and publications as required by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS ON THIS 12th DAY OF JUNE, 2007. APPROVED AS TO FORM: Charles Niswanger, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: Matthew Denton, Town Secretary DATE OF PUBLICATION: Dallas Morning News — Collin County Addition Z07-6 LEGAL DESCRIPTION 40.036 ACRES BEING a tract of land located in the COLLIN COUNTY ,SCHOOL LAND SURVEY, ABSTRACT NO. 147, Collin County, Texas and being a part of a tract of land described in Deed to Prosper 80, Ltd., recorded in Volume 5103, Page 3723 (Document No. 2002-0021571, Deed Records, Collin County, Texas and being more particularly described as follows: BEGINNING at a 112 inch iron rod found in the South line of said Prosper 80 tract, at the most Westerly Northwest corner of a tract of land described in Deed to Lakes of Prosper, Ltd., recorded in Volume 5372, Page 6921 (Document No. 2003-0044256), Deed Records, Collin County, Texas, said point also being the Northeast corner of a tract of land described in Deed to Prosper-Tollroad Joint Venture, Ltd., recorded in Document No. 96-0090247, Deed Records, Collin County, Texas; THENCE Westerly, along the South line of said Prosper 80 tract, the following three (3) courses and distances: South 87 degrees 57 minutes 19 seconds West, a distance of 638.59 feet to a 1/2 inch iron rod with a yellow plastic cap found for corner; South 87 degrees 49 minutes 51 seconds West, a distance of 539.89 feet to a 1/2 inch iron rod with a yellow plastic cap found for corner; South 87 degrees 56 minutes 09 seconds West, a distance of 133.63 feet to a 5/8 inch iron rod found at the Southwest corner of said Prosper 80 tract; THENCE North 01 degrees 41 minutes 53 seconds West, along the West line of said Prosper 80 tract, a distance of 1325.03 feet to a 1/2 inch iron rod with a yellow plastic cap found for corner; THENCE North 88 degrees 22 minutes 32 seconds West, along the North line of said Prosper 80 tract, a distance of 1331.63 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" set for corner; THENCE South 00 degrees 50 minutes 43 seconds East, leaving the North line of said Prosper 80 tract, a distance of 1,314.30 feet to the POINT OF BEGINNING and containing 40.036 acres of land, more or less. Sean Shropshire April 26, 1007 s'Texas Registration No. 5674�*:...Dowdey, qN Anderson & Assoc., Inc.5225 Village Creek Drive, Suite 200 Plano, Texas 75093 Ph. 972-931-0694 R:1Data12001101050101050A ZONING101050DESC-ZONING-TR2-40.036AC.doc Page 1 of 1 M'F r �O AO a > O Z xZ -A FA i I _ D I Z m c� c I I ' 1 � it I m i O n O 4 I 0,03- I r Dz 4 :f y o -z N 3 3 � £D'�ESZ£ t £S, i,.IL�O „' _ _ a3 ppM 7�N D picARTTHEdPL TOLttwUTg41RE - - O ( VOL.'7a6 PC 46 O i �- -+, C C [ YZ a6U 3i U II ZO Iy p, W-4O c, (n z 10 . OO -4% � u 1mr Ln mA E3 5 50 vo --- LS'Lb9Z M„£-V,09.00M r a Zom o I O ''j z m 9 x O I' 111\\o\~d��I� �oaacnseyA ,uawra N ND N��� NDOtI Z �F �^aaa w L11pG<�� WpEFI � n l,DliNXrOZZ oXr OfSi'V e� Il w�nr=eiD o,a n.. I{L�r n A o n z o a x r1 z n �� S qHs i z a a n� ao- o 0 m.go a b zay. o r1 w rainP ➢ fA*1 N _ ea � Qn m o m = 3 In eiC� m a13 n T b e i nr my h m Cf A gg g 2'0 a E�m r I -or. V 18 NA in a £:LOS J,LS' L lS 3„tiS,ZD.IOS +fn Ls O 3 z C mnO Tl �Z� O Orn n m PLANNING T �N 0 T R'. R, P E To: Mayor and Town Council From: Chris Copple, Development and Parks Planner Cc: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Re: Town Council Meeting — June 12, 2007 Date: June 8, 2007 Agenda Item: Consider and act upon an ordinance rezoning 226.5t acres on the north side of Prosper Trail, 1,200 feet east of Dallas Parkway to amend Planned Development-8 (Lakes of Prosper) to include an additional 39.5t acres. (Z07-5). Description -of Agenda Item: At their May 22, 2007 meeting, the Town Council approved zoning case Z07-5 by a vote of 6-1. Budaet Impact: There are no significant budget implications associated with the approval of this zoning request Legal Obligations and Review: Zoning Ordinance 05-20 requires that the Town Council hold a public hearing before approving a zoning request and adopting an ordinance rezoning property. A public hearing has been held and the Town Council approved the zoning case. The ordinance has been prepared. Review of the ordinance by the Town Attorney is not required. Attached Documents: The Ordinance rezoning the property is attached. Town Staff Recommendation: Staff recommends the Town Council adopt the attached ordinance. Agenda Item No. 4e - Page 1 of 1 TOWN OF PROSPER, TEXAS ORDINANCE NO. 07- AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO.05-20 AND ORDINANCE NO. 02.48; REZONING A TRACT OF LAND CONSISTING OF 226.506 ACRES, MORE OR LESS, SITUATED IN THE COLLIN COUNTY SCHOOL SURVEY, ABSTRACT NO. 147, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS, HERETOFORE ZONED SINGLE FAMILY-15 (SF-15) AND PLANNED DEVELOPMENT-8-SINGLE FAMILY-10 (PD-8-SF-10) IS HEREBY REZONED AND PLACED IN THE ZONING CLASSIFICATION OF PLANNED DEVELOPMENT- 8-SINGLE FAMILY-10 (PD-8-SF-10); DESCRIBING THE TRACT TO BE REZONED; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas (the "Town Council") has investigated and determined that Zoning Ordinance No. 05-20 and No. 02-48 should be amended; and WHEREAS, the Town of Prosper, Texas ("Prosper") has received a request from Bon-Terre-B, Ltd. ("Applicant") to rezone 226.506 acres of land, more or less, situated in the Collin County School Survey, Abstract No. 147, in the Town of Prosper, Collin County, Texas; and WHEREAS, the Town Council has investigated into and determined that the facts contained in the request are true and correct; and WHEREAS, all legal notices required for rezoning have been given in the manner and form set forth by law, and public hearings have been held on the proposed rezoning and all other requirements of notice and completion of such zoning procedures have been fulfilled; and WHEREAS, the Town Council has further investigated into and determined that it will be advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth below. TEXAS: NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendments to Zoning Ordinance No. 05-20 and Ordinance No. 02-48. Zoning Ordinance No. 05-20 and Ordinance No. 0248 is amended as follows: The zoning designation of the below -described property containing 226.506 acres of land, more or less, situated in the Collin County School Survey, Abstract No. 147, in the Town of Prosper, Collin County, Texas, (the "Property") and all streets, roads and alleyways contiguous and/or adjacent thereto is hereby rezoned as Planned Development-8-Single Family-10 (PD-8-SF-10). The property as a whole and the boundaries for each zoning classification are more particularly described in Exhibit "A" and Exhibit "A -- Tract 2" attached hereto and incorporated herein for all purposes as if set forth verbatim. The development plans, standards, and uses for the Property in this Planned Development District shall conform to, and comply with 1) Ordinance No. 02-48 rezoning 187.03 acres of land; 2) the planned development standards, attached hereto as "B — Tract 2"; 3) and the conceptual development plan, attached hereto as Exhibit"Y and Exhibit "D — Tract 2"; which are incorporated herein for all purposes as if set forth verbatim. Except as amended by this Ordinance, the development of the Property within this Planned Development District must comply with the requirements of all ordinances, rules, and regulations of Prosper, as they currently exist or may be amended. Three original, official and identical copies of the zoning exhibit map are hereby adopted and shall be filed and maintained as follows: a. Two (2) copies shall be filed with the Town Secretary and retained as original records and shall not be changed in any matter. b. One (1) copy shall be filed with the Building Official and shall be maintained up-to-date by posting thereon all changes and subsequent amendments for observation, issuing building permits, certificates of compliance and occupancy and enforcing the zoning ordinance. Reproduction for information purposes may from time -to -time be made of the official zoning district map. Written notice of any amendment to this Planned Development District shall be sent to all property owners within two hundred feet (200) of the specific area to be amended. SECTION 3: No Vested Interest/Repeal. No developer or property owner shall acquire any vested interest in this Ordinance or in any other specific regulations contained herein. Any portion of this Ordinance may be repealed by the Town Council in the manner provided for by law. SECTION 4: Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to make use of said premises in some manner other than as authorized by this Ordinance, and shall be unlawful for any person, firm or corporation to construct on said premises any building that is not in conformity with the permissible uses under this Zoning Ordinance. SECTION 5: Penalty, Any person, firm, corporation or business entity violating this Ordinance or any provision of Prosper's Zoning Ordinance No. 05-20, or as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect, Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 7: Savings/Repealing Clause. Prosper's Zoning Ordinance No. 05-20 shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the appeal prevent a prosecution from being commenced for any violation if occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 8: Effective Date. This Ordinance shall become effective from and after its adoption and publications as required by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS ON THIS 12th DAY OF JUNE, 2007. APPROVED AS TO FORM: Charles Niswanger, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: Matthew Denton, Town Secretary DATE OF PUBLlCA TION.- _ _ Dallas Morning News — Collin County Addition EXHIBIT A: for Z# BOUNDARY DESCRIPTION FOR ANNEXATION AND ZONING BEING a tract of land located in the Collin. County School Land Survey No. 12, Abstract No. 147, Collin County, Texas and being all of a called 3.775 acre tract described as "Tract U, in Deed to Massad and Massad Investments, Ltd., recorded in Volume 4579, Page 2768, Deed Records, Collin County, Texas and being more particularly described as follows: BEGINNING at ' a point on the occupied West line of Business Highway No. 289 for the Southeast comer of the premises herein described, said comer being the Northeast corner of a one acre tract described in a deed to Kent W. Elliott recorded in Volume 4034, Page 102 of the Land Records of Collin County; THENCE along the recognized South line of Lot 4 of the subdivision of the Collin County School Land Survey No. 12, Abstract No. 147, South 89 degrees 51 minutes 27 seconds West 264.70 feet to a point found on the East right-of-way line of the Burlington Northern and Santa Fe Railroad at the Northwest corner of said Elliott tract for the Southwest comer hereof; THENCE North 89 degrees 58 minutes 22 seconds West, PM.68 feet to a point in the West right-of-way line of said Railroad, THENCE North 89 degrees 38 minutes 27 seconds West 2233.00 feet to a point for the Southwest corner Lot 4 of the subdivision of Collin County School Land Survey No. 12, Abstract No. 147, said corner also being the Northwest corner of a record 64.62 acre tract described in a deed to Thomas D. Bull, et ux, recorded in Volume 726, Page 106 of the Deed Records of Collin County; THENCE, South 00 degrees 16 minutes 17 seconds West 1326.60 feet to a point found in the corporate city limits line of the Town of Prosper, said point being in County Road No. 4, said Point being the Southwest corner of a record 64.62. acre tract described in a deed to Thomas D. Bull, et ux, recorded in Volume 726, Page 106 of the Collin County Deed Records; THENCE along said County Road No. 4 and partially along said corporate city limits line, North 89 degrees 32 minutes 58 secont to a point found in County ds West, a distance of 1352.09 fee Road No. 4 for the Southwest comer of the premises herein described, said comer being the Southeast comer of a tract conveyed to Prosper Toll Road, Ltd., as evidenced by deed recorded under Collin County Clerk's File No. 97- 0088560; THENCE, North 01 degrees 00 minute 37 seconds East passing the Southeast comer or a record 29.27 acre tract described in a deed to Prosper Toll Road Joint Venture, LYcL, recorded under Collin County Clerk's File No. 96-0090274, and in all a total distance of 2647.82 feet to a point found on the South line of a record 80 acre tract (described in a deed to Ruth Settle recorded in Volume 3655, Page 178, of the Land Records of Collin County) for the Northwest corner hereof and the Northeast comer of said called 29.27 acre tract; THENCE, North 89 degrees 55 minutes 45 seconds East, 1317.96 feet to a point found on the West line of Lot 4 of the subdivision of said Collin County School Land Survey No. 12, Abstract No. 147; s_ID&W20011101-050\101050DESC.Z0N NG.doc PW 1 of 2 THENCE along the West Iine of said Lot 4, North 00 de feet to a point found for the Northwest comer of a 106.80greeacre tract designated Share "Cg and described in Case No. 16764 recorded in Book 1, Page 503 of the District Court Minutes; THENCE along the North line of said Share "C", South 89 degrees 39 minutes 19 seconds East 2622.25 feet to a point on the West of said Railroad; THENCE South 12 degrees 17 minutes 32 seconds West along the West right -of --way line of said Railroad, a distance of 579.94 feet to a point; THENCE South 77 degrees 42 minutes 28 seconds East, a distance of 100.33 feet to a point on the occupied West line of Business No. 289; THENCE ,South 00 degrees 14 minutes 40 seconds West along the occupied West line of said Highway a distance of 1238.40 feet to the Place of BEGETgI 'G and containing 187.033 acres of land. SAVE AND EXCEPT a 2.95 acre tract of land contained within the Burlington Northern and Santa Fe Railroad right-of-way and being more particularly described as follows: BEGINNING at a point on the East right-of-way line of the ,Burlington Northern and Santa Fe Railroad at the Northwest comer of a one acre tract described in a deed to Kent Elliott recorded in Volume 4034, Page 102 of the Land Records of Collin County; THENCE North 89 degrees 58 minutes 22 seconds West, 120.68 feet to a point in the West right-of-way line of said Railroad; THENCE along the West right-of-way of said Railroad, North 12 degrees 17 minutes 32 seconds East 1289.93 feet to a point; THENCE South 77 degrees 42 minutes 28 seconds East, a distance of 100.33 feet to a point on the occupied West line of Business No, 289; THENCE along the East right-of-way of said Railroad, South 12 degrees 17 minutes 32 seconds West 1268.12 feet to the point of beginning and containing 2.95 acres of land. This description is not based upon an actual on the annexation and zoning purposes only and derived from h dexistin boundary survey by the undersigned, it is for by James E. Smith, R.P.L.S. No. 3700, Dated July 16, 2001 and revised July 7s 02 01 performed An S. Turner � egistered .Professional Land Surveyor 6.5310 HN.$: TURNER. S:V)val2OOl l lol-05o11 o l OSODESC.ZONING.doc Pap 2 of 2 nORDE� ANDERSDN ASSM I 1 .I N00'17'36 "E 495.70' 11 1317.96' N89"3�'g$�yli 13►S2.D9' Do Eyo ANaMsoN � hssac� �Nc S77'42'2@°E 100.18, N 8 9 :38427"W 233.00' S89'58'22 o Tco r .L ujZ �z 1t?2,8$ lQ1�'27-W V/ 2f .70' � fir I COUNTY ROAD NO.4 CauUN COUNTY scMoaL LAND SIJRYEY NO. 12 PRO TRACT No. 147 - SPER.OLUN COUNTY, TEXAS t EXHIBIT A Z07-5 TRACT 2 LEGAL DESCRIPTION 39.476 ACRES BEING a tract of land located in the COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147, Collin County, Texas and being a part of a tract of land described in Deed to Prosper 80, Ltd., recorded in Volume 5103, Page 3723 (Document No. 2002-0021571, Deed Records, Collin County, Texas and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod found in the ,South line of said Prosper 80 tract, at the most Westerly Northwest corner of a tract of land described in Deed to Lakes of Prosper, Ltd., recorded in Volume 5372, Page 6921 (Document No. 2003-0044256), Deed Records, Collin County, Texas, said point also being the Northeast corner of a tract of land described in Deed to Prosper-Tollroad Joint Venture, Ltd., recorded in Document No. 96-0090247, Deed Records, Collin County, Texas; THENCE North 00 degrees 50 minutes 43 seconds West, a distance of 1,314.30 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" set for corner in the North line of said Prosper 80 tract; THENCE North 88 degrees 22 minutes 32 seconds East, along the North line of said Prosper 80 tract, a distance of 1,308.77 feet to a 1/2 inch iron rod found for the Northeast corner of said Prosper 80 tract; THENCE South 01 degrees 02 minutes 54 seconds East, along the East line of said Prosper 80 tract, a distance of 811.57 feet to a 1/2 inch iron rod found at the most Northerly Northwest corner of said Lakes of Prosper tract; THENCE South 01 degrees 33 minutes 44 seconds East, along the common line of said Prosper 80 tract and said Lakes of Prosper tract, a distance of 495.70 feet to a 1/2 inch iron rod found at the Southeast corner of said Prosper 80 tract, from which a 100D nail found bears South 03 degrees 45 minutes 54 seconds East, 3.14 feet; THENCE South 88 degrees 04 minutes 25 seconds West, along the South line of said Prosper 80 tract, a distance of 1,317.96 feet to the POINT OF BEGINNING and containing 39.476 acres of land, more or less. Sean Shropshire April 26, 2007 �� tiv�. Texas Registration No. 5674 ASEAN SHROPS.... Dowdey, Anderson & Assoc., Inc. 5674 NRE �e�' Q 5225 Village Creek Drive, Suite 200gj� �yo Piano, Texas 75093 Ph. 972-931-0694 R:IData12001101050101050A ZONING101050DESC-ZONING-TRI-39.476AC.doe Page 1 of 1 4 d W�y 1 ,N HE �� f 'f{ 501102'S4'E 871.577_ N01'41'53'W 1325.05 4 I �S 4 c a o %g< w r°li m a z �oW w O � w £ a •-• O Z J > SI yF a vl cWn � a as w y N 0 Z ~ H w p�� r w Z �a a Fdw Z N¢ia i a a N rc A a 9 z - _ F S �ZpIto � � Cif=iNp P Ma W N H F �+ o y � � a acne-� i zazJ� i °� aW^ion wW�r�ov^rm Z ZRO QN dJ0.'N QOIN 0-0n� woXnJvm O P3WIf]RT KFl Ylll �i VQ� ....�! ,xnb o� dbM d�-lf9lLl QbOif7lb� Exhibit "B" Tract 2 d , At d i Planned Development District Development Standards An amendment to Ordinance No. 02-48 to include an additional 39.476 acres in the Lakes of Prosper Planned Development (PD-10) Owner/Developer: Bon-Terre-B, LTD. 5700 West Plano Parkway Suite 3000 Plano, Texas 75093 (972)735-0060 (972) 380-4303 Fax Engineer: Dowdey, Anderson and Associates, Inc. PIanning and Engineering 5225 Village Creek Drive Suite 200 Plano, Texas 75093 (972) 931-0694 (972) 931-9538 Fax April 12, 2007 C.1Documeats and sedingskcopplelLocal SettingATemporary Internet Fi1es10LKP 211akesofprospemorth rev 2007 4 17.doc Last printed 4/27/2007 11;37:00 AM 1 PFAC -'0 [ [ [ [ r 714a 2 PLANNED DEVELOPMENT DISTRICT STANDARDS — TRACT 2 1.0 Planned Development District - Single -Family Residence 1.01 General Description: This District will provide the ability to encourage and accommodate the development of single-family residential uses on a tract of land that has unusual physical properties. Development standards for the aforementioned housing types are outlined within this text or as setforth in the SF- 40 Zoning Classification of Ordinance 05-20 if not specifically address, herein. 1.02 Permitted Uses: Land uses permitted within the PD are as follows: a. Residential units as described herein. b. Private or public recreation facilities. C. Churches / rectories. d. Schools - public, private, or state accredited. e. Parks, playgrounds and neighborhood recreation facilities including, but not limited to, swimming pools, clubhouse facilities and tennis courts. f Fire stations, police stations, and public safety facilities. g. Real estate sales offices during the development and marketing of the Planned Development. h. Public streets. i. Accessory buildings and uses customarily incidental to the permitted uses. j. Temporary buildings and uses incidental to construction work on the premises, which shall be removed upon completion. 1.03 Required Parking: Parking shall meet the minimum parking requirements as adtlined in the Town of Prosper Zoning Ordinance. 1.04 Building Materials: exterior wall construction shall meet the minimum masonry requirements as outlined in the Town of Prosper Zoning Ordinance. 1.05 Single -Family: A single-family unit is a form of detached housing. This residential type will consist of larger units and lots, having access and frontage on a public street. Building and area requirements are as follows: a. Lot Cap: The maximum lot count shall be 120 single family lots. C:1Docttmettts and Sdfings5ccoppleTacal SettingsUetnporary €ntemet Fi1esl0LKA211akesofprospemorth rev 2007 4 ] Tdoc Last printed 4127/2007 it [370 AM 2 1 b. Lot Area: The minimum area of 70% of the lots shall be ten thousand (10,000) square feet (84 lots) and 30% of the lots shall be nine thousand (9,000) square feet (36 lots). C. Lot Coverage: In -no case shall more than forty (40) percent of the total lot area be covered by the combined area of the main buildings and accessory buildings. Swimming pools, spas, deck, patios, porches, driveways, walks, and other paved areas shall not be included in determining maximum lot coverage. d. Lot Width: The minimum width of any lot shall not be less than sixty- four (64) feet at the front building line of the lot, except that lots at the terminus of a cul-de-sac or along street elbows/eyebrows may have a minimum width of fifty (50) feet along the are at the front building line; provided all other requirements of this section are fulfilled. Seventy percent (70%) of the total lots shall be a minimum width of 70 feet. e. Lot Depth: The minimum depth of any lot shall be one hundred ten (110) feet, except that a lot at the terminus of a cul-de-sac or along street elbows/eyebrows may have a minimum lot depth, measured at mid -point on front and rear lot lines, of one hundred (100) feet; provided all other requirements of this section are fulfilled. £ Front Yard: The minimum depth of the front yard shall be thirty-five (25) feet. Front porches, roof eaves, chimneys and other similar architectural elements may extend. into the front yard up to a maximum distance of ten feet (10'). Front yards shall be staggered per the Town of Prosper Zoning Ordinance g. Side Yard: The minimum side yard on each side of a lot shall be five (5) feet with a minimum building separation of fourteen (14) feet. A side yard for all corner lots shall not be less than fifteen (15) feet. Roof eaves, chimneys and other similar architectural elements may extend into the side yard. h. Rear Yard: The minimum depth of the rear yard shall be twenty (20) feet for main buildings. i. Building Height: Buildings shall be a maximum of two and one-half (2 I/2) stories. Minimum Dwelling Area: The minimum enclosed heated living area shall be one thousand eight hundred (1,800) square feet for a 10, 000 square foot lot and one thousand six hundred (1,600) square feet for a 9, 000 square foot lot. C:1Documents and Settingkeopp]eSLocaI Settings\Temporary Internet Fi1es10LKA2t1akesofprospernorth rev 2007 4 I7.doc Last printed 4/27/2007 I L37:00 AM 2.0 Residential Planned Development District - General Conditions 2.01 Conformance td All Applicable Articles of the Town of Pros er Zonin Ordinance: Except as amended herein, this Planned Development District shall conform to any and all applicable articles and sections of the Town of Prosper Zoning Ordinance, No. 05-20, as it presently exists. 2.02 Trails: The developer will build six foot (b') walking trails, adjacent to the detention/retention facilities to facilitate pedestrian traffic within the neighborhood. Parkways will contain trees, bed plantings and turf grass that will be irrigated. Trees will be planted at a rate of one tree per 50 linear feet of right- of-way or the equivalent number of trees in clusters. 2.03 Screenina and Buffering: The area of the development along the drainage areas may be landscaped with a combination of. planted earthen berms, turf grass, shrubs and trees planted at a rate of one tree per 50 linear feet or the egpivalent number of trees in clusters. All turf and landscaping areas will be irrigated. The hardscape features in the northern entry way shall be similar to those at the entry of for Lakes of Prosper on Prosper Trail. 2.04 Zoning Exhibit: Zoning Exhibits A and D are hereby attached and made a part of the ordinance. It establishes the most general guidelines for the district by identifying the land use types, approximate thoroughfare locations and project boundaries and illustrates the integration of these elements into a master plan for the whole district. 2.05 Streets: Residential streets shall consist of a fifty (50) foot right-of-way with a thirty-one (31) foot paving section (b-b). 2.06 Maintenance of Facilities: The Developers shall establish, , a homeowner"t association that will be responsible for operation and maintenance of all common areas and/or common facilities contained within the area of the Planned Development District. The homeowner's association will be created with'Phase 1.' and each subsequent phase shall be annexed into the association. 2.07 Sidewalks: A four (4) foot sidewalk within the street right-of-way shall be provided at the front of all single-family residential lots. Corner lots shall also provide the aforementioned requirement. 2.08 Mailboxes: The Developer will deed restrict a standard mailbox design that will be required and maintained for a consistent look throughout the development. C:\Duwments and Settings\ccoppleTocal SettingslTentporary Internet Files\OLKA2\lakesofprospernorth rev 2007 4 17.doc Last printed 4/27/2007 11:37:00 AM 2.09 Landscaping: a. A minimum of two (2) 3" trees shall be planted in each front yard in the single family development being a minimum total of 240 trees.planted by the builders in addition to those installed as a part of the amenities by the developer. The list of approved trees, per the Town of Prosper Zoning Ordinance, will be included in the deed restrictions. b. Fencing adjacent to lots and Hike and Bike Trails or Open Space shall be decorative iron. C mocument$ and SettingelccOpple\LOcal SettingaNTemporary Internet Files50LKA2\Iakes0fprospemorth rev 2007 4 17.doc Last printed 4/27/2007 11:0M AM oQ N N arr- v aNN Cu � F Z O A f m N o n J J m�sYON �NN wi�F� a Q�ca�� HWd a "ooa a zzJL�Q x zJ-'¢ �J wLyNu i�'� wL, ¢ ovi Mz vQr NNoo M- In? O, vv m z f13 1NY]Yh IR LU $ .a ooN1,219 lilt Iil W W N� q CZ d °°a,f., •lbly do_ HOW I - • ry.p y I I I • `� • gam° n � , � �-� ' ' ,Y" ,� � I• I' I I• "I I •J -J a t • t 'gib AVMjjOI -rVO Hi)lON 2'dnirW 031tla1035 �• lMl:IYR '1 E L9 w ! I 3 I I I I i •i a�� a � cyN M M CA N co 00 z •d n, T'e-da a OL'46ti 3„917 PA AVOVA r��aa a�avavnv.wa �vmeon �adsoaa ao Nmoa ,LS' 6 69 3,44,ZO. LOS mmol OM-0 am--; w ©M.i moo AN3115 Z � w �CS3, c �ww 00 I� W � � 5� w ♦ „ • y N K ¢ ¢ C] W d �.� mini �wu vwiy°a> nc� w zao¢�u a3�cv¢mti a ci o I •� `I a n� 3oa�Jn omwin am w©¢ni�.on �iasv�a am o = ! o I a + - } „ NQO'50'43"W 131.4.30' \7} r m ~lz cb o zW Q Q QN V ti a �r ado ll��c Ig r� o .• ow J _ _ pwz ww pAl r uw p .izQ dbz' mC)'�� `II o.�.0 �wZ 0.0u �43 ro�� rY J� Wm 9 -- r�wa zaa DO on > 3 �� I�I aan W z � ; a z ma-o o o 4 x ;I 0000 N z4� I oHf U as � wig AVMil01 sv-n la H1k30N 32lrun3 a31VOIG3a O M„£9,M1,014 O p 1NVOVA 1SIlM.['JFON'[ M3'IMD3 W W 4 VWi H£0.W' :n M W�� O '. Na�A zm� z PLANNING To: Mayor and Town Council From: Chris Copple, Development and Parks Planner Cc: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Re: Town Council Meeting — June 12, 2007 Date: June 8, 2007 Agenda Item: Consider and act upon an ordinance amending the Zoning Ordinance regarding Chapter 1, Section 8.4(B) — Changes and Amendments to all Zoning Ordinances and Districts and Administrative Procedures. (Z07-10) Description of Agenda Item: At their May 22, 2007 meeting, the Town Council approved zoning case Z07-10 by a vote of 6- 0. Budget Impact: There are no significant budget implications associated with the approval of this amendment to the Zoning Ordinance. Legal Obligations and Review: Zoning Ordinance 05-20 requires that the Town Council hold a public hearing before amending the Zoning Ordinance. A public hearing has been held and the Town Council approved the amendment to the Zoning Ordinance. The ordinance has been prepared. Review of the ordinance by the Town Attorney is not required. Attached Documents: The Ordinance amending the Zoning Ordinance is attached. Town Staff Recommendation: Staff recommends the Town Council adopt the attached ordinance. Agenda Item No. 4f - Page 1 of 1 TOWN OF PROSPER, TEXAS ORDINANCE NO.07-- AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING CHAPTER 1, SECTION 8.4(B) OF ZONING ORDINANCE NO. 05-20; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council") has determined that Chapter 1, Section 8.4(8) of the Town of Prosper, Texas ("Prosper') Zoning Ordinance No.05-20 should be amended; and WHEREAS, Prosper has complied with all notices and public hearings as required by law; and WHEREAS, the Town Council finds that it will be advantageous, beneficial and in the best interest of the citizens of Prosper to amend Prosper's Zoning Ordinance No. 05-20 as set forth below. TEXAS: NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Prospers Zoning Ordinance No. 05-20. Chapter 1, Section 8.4(B) of the Town of Prosper's Zoning Ordinance No. 05-20 are hereby amended to read as follows: Proposal Recommended for Denial by the Commission: When the Planning & Zoning Commission determines that a proposal should be denied, it shall so report and recommend to the Town Council and Planning staff shall notify the applicant. If the proposal is denied by the Commission, the request shall not be forwarded to the Town Council unless the applicant requests an appeal to the Town Council or the request is sent for review by the Commission by simple majority vote. Upon denial of a request by the Planning & Zoning Commission, the applicant may, upon his own motion within fourteen (14) calendar days of the date the Planning & Zoning Commission denied the request, file with the Planning Department a written request that a public hearing be scheduled and geld before the Town Council regarding the application. The applicant shall be responsible for the costs of re -notification, including postage. When a proposed zoning request is heard by the Town Council that has been denied by the Planning & Zoning Commission, four votes of the Town Council is required to overrule a recommendation of the Commission that a proposed zoning amendment, supplement, or change be denied. SECTION 4: Savings/Repealing Clause: Prosper's Zoning Ordinance No. 05-20 shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall remain in full force and effect. SECTION 5: Severabili : Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 6: Penalty Provision. Any person, firm, corporation or business entity violating this Ordinance or any provision of Prosper's Zoning Ordinance No. 05-20, or as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from fling suit to enjoin the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 7: Effective Date: This Ordinance shall become effective from and after its adoption and publication as required by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS on this 12th day of June, 2007. APPROVED AS TO FORM: Charles Niswanger, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: Matthew Denton, Town Secretary DATE OF PUBLICATION. Dallas Morning News — Collin County Addition K y sp To: Mayor and Town Council PARKS AND RECREATION From: Chris Copple, Development and Parks Planner Cc: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Re: Town Council Meeting — June 12, 2007 Date: June 8, 2007 Agenda Item: Consider and act upon an ordinance amending Ordinance No. 02-33 establishing a fee for the usage of Town fields, facilities, and/or equipment. Description of Agenda Item: The Comprehensive Parks Ordinance states that the Town Council shall adopt fees for the rental and/or usage of Town fields, facilities, and/or equipment. These fees are established in Prosper Fee Ordinance No. 02-33, as it exists or may be amended. The Parks and Recreation Board discussed user fees for Town fields at their March and April meetings. At their April 26, 2007 meeting, the Parks and Recreation Board recommended the Town Council adopt a fee for the usage of Town fields by a vote of 5-0. The proposed Parks Usage Fee states: All organizations using Town fields, facilities, and/or equipment for football, baseball, softball, or soccer, shall pay a fee of ten ($10) dollars per person per season. All fees must be paid to the Town before the first practice or game of the season. The Parks and Recreation Board has recommended Prosper Sports Association, Prosper Soccer, and other organizations start to collect these fees when they hold registration for their Spring 2008 season. At that time all organizations using Town fields, facilities, and/or equipment for football, baseball, softball, or soccer shall submit the fees to the Town before they hold their first practice or game of the season. Budget Impact: The collection of fees will assist in funding maintenance of the Town's fields, facilities, and/or equipment. Legal Obligations and Review: The ordinance has been prepared. Review of the ordinance by the Town Attorney is not required. Attached Documents: The Ordinance amending Ordinance No. 02-33 is attached. Agenda Item No. 4g — Page 1 of 1 Parks and Recreation Board Recommendation: At their April 26, 2007 meeting, the Parks and Recreation Board recommended Town Council adopt the attached ordinance by a vote of 5-0. Town Staff Recommendation: Staff recommends the Town Council adopt the attached ordinance. Agenda Item No. 4g — Page 1 of 1 TOWN OF PROSPER, TEXAS ORDINANCE NO. 07- AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS; AMENDING ORDINANCE NO. 02-33 ESTABLISHING A FEE FOR THE USAGE OF TOWN FIELDS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council') has investigated and determined that Ordinance No. 02-33 the Town of Prosper, Texas ("Prosper") should be amended; and WHEREAS, the Prosper Parks & Recreation Board has reviewed the proposed ordinance and recommends adoption of the same by the Town Council; and WHEREAS, the Town Council found and determined that it will be advantageous, beneficial and in the best interest of the citizens of Prosper to amend Ordinance No. 02-33 as set forth below. TEXAS: NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, SECTION 1: Findings. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. follows: SECTION 2: Amendment to Ordinance No. 02-33. Ordinance No. 02-33 is hereby amended to read as Parks Usage Fee. All organizations using Town fields, facilities, and/or equipment for football, baseball, softball, or soccer, shall pay a fee of ten ($10) dollars per person per season. All fees must be paid to the Town before the first practice or game of the season. SECTION 3: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portion of conflicting ordinances shall remain in full force and effect. SECTION 4: Severability, If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason, held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional. SECTION 5; Penalty Provision. Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the sum of FIVE HUNDRED DOLLARS ($500.00), unless the violation relates to fire safety, zoning or public health and sanitation, including dumping and refuse, in which the fine shall not exceed the sum of TWO THOUSAND DOLLARS ($2,000.00). Each continuing days violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6: Effective Date. This Ordinance shall become effective upon its passage and publication as required by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS ON THIS 12th DAY OF JUNE, 2007, Charles Niswanger, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: Matthew Denton, Town Secretary DATE OF PUBLICATION. Dallas Morning News — Collin County Edition u T 0 OV To: Mayor and Town Council Public Works From: Frank E. Jaromin, P.E., Director of Public Works CC: Kevin Carruth, Interim Town Manger Re: Town Council Meeting —June 12, 2007 Date: June 8, 2007 Agenda Item: Consider and act upon purchase of Caterpillar 252B Skid Steer from Holt Cat for the price of $24,064 including trading in the existing Bob Cat and approve authorizing the Interim Town Manager to execute the same. Description of Agenda Item: Public Works has $66,207.00 remaining in the present budget for vehicles after purchasing an F-250 pickup truck. In the existing budget $50,000 was approved to purchase a dump truck and $19,000 for a roller, the Public Works 2007 - 2008 budget requests to purchase a dump truck next year and making do with the exiting dump truck and purchase another pickup later this budget year. In assessing the needs and existing condition of current Public Works equipment it's requested to purchase a 252B Cat skid steer loader. This equipment will be used for final clean up of water / sewer leaks, cleaning and excavating small channels. Holt Cat is willing to purchase the existing Bob Cat for $7,500. Staff has received one other trade in offer from John Deere for $3,500. Staff feels for the best option is to purchase the Cat from Holt Cat. Budaet Imoact: The $24,064 for purchase of the Caterpillar 252B will be funded by the Water/Sewer Fund Account (20-6160-50). Legal Obligations and Review: Not required Attached Documents: The following documentation is being provided for review: • Holt Cat Quotation • Public Works Purchase order Board, Committee and/or Staff Recommendation: Town staff recommends that the Town Council: approve the purchase of Caterpillar 252B Skid Steer from Holt Cat for the price of $24,064 including trading in the existing Bob Cat. Approve authorizing the Interim Town Manager to execute the same. Agenda Item No. 4h - Page 1 of 1 f{ h"ri1� wyar. P, - ;J"., S Y.3111 F.O. Box 307 4, 601 W. Fifth Street o Prosper, TX. 75078 * 972-347-9969 s, Fax 972-347-3579 Holt Cat P.O. Box 540788, Dallas, TX 75354-0788 Dear Cliff June 8, 2007 Please see attached Quote from Holt Cat, The Town of Prosper would like to order one (1) Caterpillar Inc 252B Skid Steer Loader. This quote is utilizing Buy Board for a total cost of $24,064 including trade in of existing Bob Cat. If you have any questions please feel free to contact me at Cell — 214-585-6136 or Office — 972-347- 9969. Thank you for your help in this matter. Cliff I would like to thank you for all the assistance you have provided making this decision to choose a Cat much easer. Please use P.O. # 20-6160-50 2007 Bill to: Town of Prosper P.O. Box 307 Prosper, Texas 75078 Ship To: Town of Prosper 601 West Fifth Street Prosper, Texas 75078 Thank you, Kevin Carruth Interim Town Manager PLANNING P R 1E ER, To: Mayor and Town Council From: Chris Copple, Development and Parks Planner Cc: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Re: Town Council Meeting — June 12, 2007 Date: June 8, 2007 Agenda Item: A public hearing to consider and act upon a request to rezone 40.4± acres located on the south side of Prosper Trail, 1,500± feet east of Coleman Street to amend Planned Development-30 (Prosper Creek Estates). (Z07-11). Description of Agenda Item: The applicant has contacted Town staff and requested the public hearing be tabled to the June 26, 2007 Town Council meeting. Attached Documents: 1. A letter from the applicant requesting the public hearing be tabled until the June 26, 2007 Town Council meeting. Town Staff Recommendation: Town staff recommends that the Town Council table the public hearing until their June 26, 2007 meeting. Agenda Item No. 6 - Page 1 of 1 06/07/2007 14:37 9726442817 C$P ENGINEERING PAGE 02/02 K,PA cdnsulti.ng LLC June 7, 2007 Mr. Chris Copple PAT ATKINS 'Town of Prosper 407 B. First Street F esfdei t P.O. Box 307 Prosper, TX 75079 RE: Prosper Creek Estates KPA.consultnig LLC Prosper, TX 1 801- Gateway Blvd.' Suite 101: As authorized representative of the owner, we are formally requesting tableing our Richardson, TX 75080 zoning request from the City Council Meeting of June 12, 2007 to June 26, 2007. If you have any questions, please feel free to contact. Tel.. 972-644-2800 Fax 912-644-2817 Cell 214-212-5013 . Sincerely KPA consulting LLC Pat Atkins President 1� T 0 W i' c l ENGINEERING S P To: Mayor and Town Council From: Hulon T. Webb, Jr., P.E., Director of Development Services/Town EngineL4V CC: Kevin Carruth, Interim Town Manger Re: Town Council Meeting — June 12, 2007 Date: June 8, 2007 Agenda Item: Consider and act upon 1) a developer's agreement between MF V Chesney 65, LP, and the Town of Prosper and 2) a resolution authorizing the Interim Town Manager to execute the same. Description of Agenda Item: On February 6, 2007, the Planning & Zoning Commission approved the final plat for Christie Farms, Phase 1 and 2. As a requirement of the engineering review of the subdivision, necessary offsite water lines are required to be constructed to provide adequate water service to the development. As depicted on the Town's Water CIP Plan (Project 3), the developer is proposing to extend a 12" water line along Custer Road from the northern entrance of Rhea Mills subdivision to Frontier Parkway (FM 1461) and along Frontier Parkway (FM 1461) to the western drive of the Collin Green subdivision. As you may recall on March 27, 2007, Town Council approved a development agreement between the Town of Prosper and the developer of Whitley Place to extend the 20" water line along the north side of Prosper Trail from Wilson Creek to Custer Road (FM 2478) and a 12" water line along the west side of Custer Road (FM 2478) from Prosper Trail to the northern entrance of Rhea Mills subdivision (Project 4). In addition to providing water service to these developments, these water lines will transfer service to the residents in this area from the Danville Water Supply Corporation to the Town of Prosper. Budget Impact: The estimated cost of designing and constructing the 12" water line along Frontier Parkway and Custer Road is $376,194 and will be fronted by MF V Chesney 65, LP. In accordance with this agreement, the water impact fees generated by the Christie Farms Development in the amount of $124,560 will be credited towards the estimated cost and the remaining balance reimbursed by the Town within thirty (30) days of Town's acceptance of the improvements. In comparison, the future cost of these lines anticipated by the Town's CIP Plan is approximately $613,670. The developer is acquiring all easements for the construction of the water line and the agreement obligates the developer to contribute any funds necessary to purchase the easement. If the developer is unsuccessful in obtaining the easements through conventional means, the agreement does contain a provision for condemnation since the water line is a project depicted on the Town's CIP. Agenda Item No. 7 - Page 1 of 2 Legal Obligations and Review: The agreement was drafted by the Town's attorney. Attached Documents: The following documentation is being provided for review: • Development Agreement • Resolution authorizing the Interim Town Manager to execute the agreement • Town of Prosper Water Capital Improvement Plan Board, Committee and/or Staff Recommendation: Town staff recommends that the Town Council approve 1) a developer's agreement between MF V Chesney 65, LP, and the Town of Prosper and 2) a resolution authorizing the Interim Town Manager to execute the same. Agenda Item No. 7 - Page 2 of 2 After Recordine Return to: Town Manager Town of Prosper P. O. Box 307 Prosper, Texas 75078 DEVELOPMENT AGREEMENT (Christie Farms) THIS DEVELOPMENT AGREEMENT (the "Agreement") is made and entered into as of this day of , 2007, by and among, MF V CHESNEY 65, LP, a Texas limited partnership ("Developer"), and the TOWN OF PROSPER, TEXAS, a Texas home -rule municipality ("Town"), on the terms and conditions hereinafter set forth. WITNESSETH: WHEREAS, Developer owns approximately 64.44t acres of land situated in the George Horn Survey, Abstract No. 412, Town of Prosper, Collin County, Texas, as more particularly described and depicted on Exhibit A, attached hereto and incorporated herein by reference (the "Property"); WHEREAS, pursuant to the Water and Wastewater Improvement Plan, Ordinance No. 06-91 (the "Master Water Plan"), Developer desires to, subject to the terms and conditions set forth herein, construct certain Water Improvements (as defined in Paragraph 3 below) to serve the Property; WHEREAS, Developer desires to fulfill its obligation to pay Water Impact Fees (as defined in Paragraph 4 below) as prescribed in Town Ordinance No. 95-01, amended by Ordinance Nos. 96-17, 01-24, 02-19, 02-57 and 06-91, as they exist or may be hereafter amended (individually and collectively the "Impact Fee Ordinance"); and WHEREAS, subject to the terms and provisions hereof, the parties agree that Developer may fulfill its obligation to pay Water Impact Fees in the manner set forth below. NOW, THEREFORE, in consideration of the covenants and conditions contained in this Agreement, Town and Developer agree as follows: 1. Land Subiect to Agreement. The land that is subject to this Agreement is the Property. Developer represents that it is the sole owner of the Property. 2. Easements. (a) The parties shall cooperate with each other in obtaining from third parties any and all easements, including, but not limited to, the easements depicted and described on Exhibit B (the "Third Party Water Improvement Easements") necessary or appropriate, as solely determined by Town, for timely construction, completion and dedication of the Water Improvements required herein. The Third Party Water Improvement Easements will be obtained as follows: (i) Developer's Responsibilities. Developer shall be responsible for any and all costs DEVELOPMENT AGREEMENT (Christie Farms) — Page 1 of 19 C:1Documents and SettingslHulon WebbWy Documents\Development AgreementslARBJ-4471453-v 1- Christie_Farms_ Development_ Agreement (3).DOC and expenses associated with acquiring, by purchase or condemnation, all Third Party Water Improvement Easements, including, but not limited to, title work, appraisals, expert fees, attorneys' fees and expenses, engineering fees and expenses, surveying fees and expenses, court costs, commissioner's fees and costs of appeal, if any ("Easement Acquisition fees"). If requested by Town, Developer shall, at its sole cost and expense, lead all easement acquisition efforts for the Third Parry Water Improvement Easements, including, but not limited to, providing all necessary engineering and surveying support required to obtain the Third Party Water Improvement Easements as required herein. Developer shall pay any and all Easement Acquisition Fees within seven (7) calendar days of receiving a written request from Town for the same. (ii) Town's Rights and Responsibilities. Town will, at Developer's sole cost and expense, provide, among any other assistance deemed necessary by Town, technical, engineering, legal and administrative assistance, as selected by Town, to acquire, by purchase or condemnation, the Third Party Water Improvement Easements. Town shall review and approve any and all documents associated with the Third Parry Water Improvement Easements required herein. If Town determines, in its sole discretion, that condemnation proceedings are necessary to secure the Third Party Water Improvement Easements, Town shall have the right to, at Developer's sole cost and expense, take any and all steps Town deems necessary to initiate said proceedings. (b) The Third Party Water Improvement Easements shall be filed and recorded prior to the commencement of construction of the Water Improvements or any portion thereof, unless a Right of Entry is secured, a condemnation award is tendered with the Registry of the Court and/or a right of possession by any other means is obtained on an earlier date. (c) If the Third Party Water Improvement Easements are not obtained, or the Town has not secured the right to possess, in a form acceptable to the Town, the land made the subject of the Third Party Water Improvement Easements, within ninety (90) days after the execution hereof on terms acceptable to Town, then Town shall commence, and thereafter diligently pursue to completion, condemnation proceedings to obtain such Third Party Water Improvement Easements as soon as reasonably possible. Notwithstanding anything to the contrary herein, Town may, in its sole discretion, initiate condemnation proceedings prior to the expiration of the ninety (90) days referred to in this Paragraph 2(c). 3. Water Improvements. (a) Developer shall, at its sole cost and expense except as provided in Paragraph 4 below, construct and install a twelve inch (12") PVC water line: (i) from approximately 3,000 feet west of Collin Green Boulevard along Frontier Parkway to Custer Road continuing southerly along Custer Road to Rhea Mills Circle, as depicted on the Master Water Plan and in the locations generally depicted on Exhibit C, attached hereto and incorporated herein for all purposes, and (ii) in accordance with engineering plans, specifications and designs approved in writing by Town's engineer, which approval shall not be unreasonably withheld or delayed (the "Water Improvements"). (b) Developer shall bid the construction of the Water Improvements with three (3) qualified contractors and shall provide copies of the bids received for such items to Town within five (5) business days of Developer's receipt of same. Developer shall: (i) execute a contract for DEVELOPMENT AGREEMENT (Christie Farms) — Page 2 of 19 CADocuments and SettingslHulon WeWMy Documents0evelopment AgreementslARBJ-4471453-vl- Christie_Farms_Development_Agreement (3).DOC the construction of the Water Improvements with the lowest responsible bidder, as mutually and reasonably determined by Town and Developer; (ii) commence, or cause to be commenced, construction of the Water Improvements within seven (7) business days following: (A) the execution of this Agreement and all of the Third Party Water Improvement Easements; and (B) approval of the Water Improvements' engineering plans, specifications and designs by Town's Engineer, which approval shall not be unreasonably withheld or delayed; (iii) construct the Water Improvements in accordance with the Town -approved engineering plans, specifications and designs; and (iv) complete the Water Improvements and obtain Town's acceptance of same prior to Town's final acceptance of the first phase of the Property. (c) Developer represents that the estimated Water Improvements construction costs are Three Hundred Seventy -Six Thousand, One Hundred Ninety -Four and 28/100 Dollars ($376,194.28), as more particularly described in Exhibit D, attached hereto and incorporated herein for all purposes (the "Estimated Construction Costs"). Developer acknowledges and agrees that Town is relying on Developer's engineer's representation and warranty that the Estimated Construction Costs are as described in Exhibit D. Prior to receiving any credit and/or reimbursement described in Paragraph 4 below, Developer shall tender to Town evidence, in a form(s) reasonably acceptable to Town, that all of the Water Improvements construction costs have been paid by Developer, including but not limited to, Affidavits of Payment/Affidavits as to Debts and Liens and any other evidence reasonably required by Town ("Evidence of Payment(s) "). 4. Water Impact Fees/Credit for Water Impact Fees/Reimbursement. (a) Pursuant to the Impact Fee Ordinance, the water impact fees owed on the Property are One Hundred Twenty - Four Thousand, Five Hundred Sixty and No1100 Dollars ($124,560.00) (the "Water Impact Fees"). (b) Subject to Developer fulfilling all of its obligations in this Agreement, Town will credit the Property in the amount of the Water Impact Fees (the "Credit"). (c) Because the Estimated Construction Costs exceed the Credit, Town will provide Developer with a reimbursement in the amount of Two Hundred Fifty -One Thousand, Six Hundred Thirty -Four and 28/100 Dollars ($251,634.28) (the "Reimbursement"). Within thirty (30) days of Town's acceptance of the Water Improvements and Developer complying with this Agreement (the "Due Date"), including but not limited to, providing the required Evidence of Payment(s), Town will tender the Reimbursement to Developer. If Town fails to tender the Reimbursement by the Due Date, Developer shall provide Town written notice of same (the "Reimbursement Notice"). If Town fails to tender the Reimbursement within fifteen (15) days of its receipt of the Reimbursement Notice, interest will accrue on the Reimbursement at the rate of twelve percent (12%) per annum. 5. Default. If Developer fails to comply with any provision of this Agreement after receiving fifteen (15) days written notice to comply from Town, Town shall have the following remedies, in addition to Town's other rights and remedies: (a) to refuse to issue building permits for the Property; and/or DEVELOPMENT AGREEMENT (Christie Farms) —Page 3 of 19 C:1Documents and Settings\Hulon WebbWy Documents0evelopment Agreements\AM-9471453-v1- Christie Farms —Development Agreement (3),DOC (b) to file this instrument in the Land Records of Collin County as a lien and/or encumbrance on the Property; and/or (c) to refuse to accept any portion of any public improvements on the Property and/or associated with the development of the Property; and/or (d) to refuse, without notice and/or any other action, to issue and/or apply the Credit; and/or (e) to construct and/or complete the Water Improvements and to recover any and all costs and expenses associated with the construction and/or completion of same, including, but not Iimited to, any and all attorneys' fees and costs associated therewith; and/or (f) to seek specific enforcement of this Agreement. In the event Town fails to comply with the terms and conditions of this Agreement, Developer may seek specific enforcement of this Agreement as its sole and exclusive remedy. 6. Acknowledizements/Release/Waiver. (a) Developer agrees and acknowledges that: (i) Town is entering into this Agreement based on Developer's representations and warranties with regard to the water needed to serve the Property; (ii) Town makes no representations whatsoever with regard to the completion of the Water Improvements; (iii) all necessary water improvements, and associated Third Party Water Improvement Easements, have not been completed and/or secured so as to serve the Property; and (iv) that Town is not required to and will not release any building permits and/or any Certificates of Occupancy whatsoever until, among any other requirements, all improvements, off and/or onsite, are completed in accordance with Town's ordinances, rules, requirements and regulations. (b) Notwithstanding the foregoing, Developer has requested that Town release for construction the onsite utility construction on Phase 1 of the Property, which engineering plans, specifications and designs must be reviewed and approved by Town's Engineer before commencement of construction ("Onsite Early Release to Construct"). In consideration for Town's Onsite Early Release to Construct described in this Paragraph 6, Developer agrees to provide the release and waiver set forth in this Paragraph 6, as well as the indemnifications set forth in Paragraphs 11 and 12 below. (C) DEVELOPER, ALONG WITH ITS OFFICERS, DIRECTORS, SERVANTS, AGENTS, REPRESENTATIVES, EMPLOYEES, SUBCONTRACTORS, LICENSEES, INVITEES AND/OR ANY OTHER THIRD PARTIES FOR WHOM DEVELOPER IS LEGALLY RESPONSIBLE, DOES/DO HEREBY FULLY, COMPLETELY AND UNCONDITIONALLY RELEASE, RELINQUISH AND DISCHARGE TOWN AND ITS TOWN COUNCIL MEMBERS, OFFICERS, SERVANTS, AGENTS, REPRESENTATIVES AND EMPLOYEES, FROM ANY AND ALL CLAIMS, DEMANDS, DEBTS, DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR OTHERWISE, OBLIGATIONS, LIABILITIES, COSTS, EXPENSES, CONTROVERSIES, LIENS, ENCUMBRANCES, ACTIONS AND CAUSES OF ACTION AND DEFICIENCIES OF ANY KIND OR CHARACTER WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHETHER IN TORT OR CONTRACT, WHETHER FIXED, CONTINGENT OF OTHERWISE WHICH ARISE DEVELOPMENT AGREEMENT (Christie Farms) — Page 4 of 19 C:IDocuments and SettingslHulon WebbWy DocumentslDevelopment Agreements\ARB7-#471453-v1- Christie_Farms_Development _ Agreement (3).DOC FROM OR RELATE IN ANY MANNER WHATSOEVER TO THE FACTS ALLEGED OR THAT COULD HAVE BEEN ALLEGED AND CLAIMS ASSERTED OR THAT COULD HAVE BEEN ASSERTED BY DEVELOPER RELATING TO THE ONSITE EARLY RELEASE TO CONSTRUCT. (d) NOTWITHSTANDING THE FACT THAT ALL NECESSARY WATER IMPROVEMENTS, AND ASSOCIATED THIRD PARTY WATER IMPROVEMENT EASEMENTS, HAVE NOT BEEN COMPLETED AND/OR SECURED SO AS TO SERVE THE PROPERTY, DEVELOPER HEREBY AGREES THAT IT HAS REQUESTED THE ONSITE EARLY RELEASE TO CONSTRUCT AND ASSUMES ANY AND ALL LIABILITY, CONSEQUENCES, DAMAGES OR OTHERWISE WHICH MAY RESULT, DIRECTLY OR INDIRECTLY, FROM IT CONTINUING WITH THE DEVELOPMENT OF THE PROPERTY. (e) This paragraph shall survive the termination of this Agreement. 7. Limitation of L.„.-_-- to , iability. Notwithstanding anything to the contrary herein, the parties agree and acknowledge that Town shall not, under any circumstance, be required to tender, and/or be liable to Developer for, any reimbursement of and/or payment of any monies with regard to the matters set forth herein, save and except as provided in Paragraph 4 above. 8. Covenant Running with Land. This Agreement shall be a covenant running with the land and the Property and shall be binding upon Developer, its officers, directors, partners, employees, representatives, agents, successors, assignees, vendors, grantees and/or trustees. In addition, the parties shall cause this Agreement to be filed in the Land Records of Collin County. Notwithstanding the foregoing, the obligations herein that burden the Property shall be released automatically as to each lot therein which is conveyed subsequent to the: (i) engineering inspection fees, park fees, escrow fees and any other fees related to the Property and/or the development thereof being tendered to Town; (ii) completed as -built plans related to the Property being tendered to Town; (iii) Property being finally accepted by Town; and (iv) final plat for the Property being reviewed, approved and executed by Town and filed in the Collin County Land Records. Any third party, including any title company, grantee or lien holder, shall be entitled to rely on the immediately preceding sentence to establish whether such termination has occurred with respect to any lot. 9. Limitations of Agreement. The parties hereto acknowledge that this Agreement is limited to the Water Impact Fees as described in the Impact Fee Ordinance. Town ordinances covering property taxes, utility rates, permit fees, inspection fees, development fees, thoroughfare and sewer impact fees, park fees, tap fees, pro-rata fees and the like are not affected by this Agreement. Further, this Agreement does not waive or Iimit any of the obligations of Developer to Town under any other ordinance, whether now existing or in the future arising. 10. Notices. Any notice provided or permitted to be given under this Agreement must be in writing and may be served by depositing same in the United States mail, addressed to the party to be notified, postage pre -paid and registered or certified with return receipt requested, or by delivering the same in person to such party via facsimile or a hand —delivery service, Federal Express or any courier service that provides a return receipt showing the date of actual delivery of same to the addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notice, the addresses of the parties shall be as follows: DEVELOPMENT AGREEMENT (Christie Farms) — Page 5 of 19 C1Documents and SettingMulon Webb\My Documents\Development Agreements\ARBJ-#471453-v1- Christie_Farms_Development_Agreement (3).DOC If to Town, addressed to it at: Town of Prosper ATTN: Town Manager P. O. Box 307 121 West Broadway Street Prosper, Texas 75078 Telephone: (972) 346-2640 Facsimile: (972) 347-2111 With a copy to: Abernathy, Roeder, Boyd & Joplin P.C. ATTN: Rebecca Brewer 1700 Redbud Blvd., Suite 300 McKinney, Texas 75069 Telephone: (214) 544-4000 Facsimile: (214) 544-4040 If to Developer, addressed to it at: MF V CHESNEY 65, LP ATTN: Michael Beaty 4516 Lover's Lane 4350 Dallas, Texas 75225 Telephone: (214) 599-0852 Facsimile: (214) 599-0856 11. INDEMNIFICATION. (A) DEVELOPER, INDIVIDUALLY AND ON BEHALF OF ITS OFFICERS, DIRECTORS, PARTNERS, CONTRACTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNEES, VENDORS, GRANTEES AND/OR TRUSTEES, DOES HEREBY AGREE TO RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS TOWN AND ITS TOWN COUNCIL MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES FROM AND AGAINST ALL DAMAGES, INJURIES (INCLUDING DEATH), CLAIMS, PROPERTY DAMAGES (INCLUDING LOSS OF USE), LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES (INCLUDING ATTORNEYS' FEES AND EXPENSES INCURRED IN ENFORCING THIS INDEMNITY), CAUSED BY THE NEGLIGENT, GROSSLY NEGLIGENT, AND/OR INTENTIONAL ACT AND/OR OMISSION OF THE APPLICABLE DEVELOPER, ITS OFFICERS, DIRECTORS, PARTNERS CONTRACTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNEES, VENDORS, GRANTEES, TRUSTEES, SUBCONTRACTORS, LICENSEES, INVITEES OR ANY OTHER THIRD PARTIES FOR WHOM SUCH DEVELOPER IS LEGALLY RESPONSIBLE, IN ITS/THEIR PERFORMANCE OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, DEVELOPMENT AGREEMENT (Christie Farms) — Page 6 of 19 CADocuments and SettingslHulon Webb\My Documents0evelopment Agreements%ARBJ-#471453-v1- Christie Farms_Development Agreement (3).DOC THE CONSTRUCTION OF THE WATER IMPROVEMENTS AND/OR THE ONSITE EARLY RELEASE TO CONSTRUCT, IN WHOLE OR IN PART, REGARDLESS OF THE JOINT OR CONCURRENT NEGLIGENCE OR STRICT LIABILITY OF TOWN (HEREINAFTER "CLAIMS"). THIS INDEMNIFICATION PROVISION AND THE USE OF THE TERM "CLAIMS" IS ALSO SPECIFICALLY INTENDED TO APPLY TO, BUT NOT LIMITED TO, ANY AND ALL CLAIMS, WHETHER CIVIL OR CRIMINAL, BROUGHT AGAINST TOWN BY ANY GOVERNMENT AUTHORITY OR AGENCY RELATED TO ANY PERSON PROVIDING SERVICES UNDER THIS AGREEMENT THAT ARE BASED ON ANY FEDERAL IMMIGRATION LAW AND ANY AND ALL CLAIMS, DEMANDS, DAMAGES, ACTIONS AND CAUSES OF ACTION OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, EXISTING OR CLAIMED TO EXIST, RELATING TO OR ARISING OUT OF ANY EMPLOYMENT RELATIONSHIP BETWEEN DEVELOPER, AND ITS EMPLOYEES OR SUBCONTRACTORS AS A RESULT OF THAT SUBCONTRACTOR'S OR EMPLOYEE'S EMPLOYMENT AND/OR SEPARATION FROM EMPLOYMENT WITH THE DEVELOPER, INCLUDING BUT NOT LIMITED TO, ANY DISCRIMINATION CLAIM BASED ON SEX, SEXUAL ORIENTATION OR PREFERENCE, RACE, RELIGION, COLOR, NATIONAL ORIGIN, AGE OR DISABILITY UNDER FEDERAL, STATE OR LOCAL LAW, RULE OR REGULATION, AND/OR ANY CLAIM FOR WRONGFUL TERMINATION, BACK PAY, FUTURE WAGE LOSS, OVERTIME PAY, EMPLOYEE BENEFITS, INJURY SUBJECT TO RELIEF UNDER THE WORKERS' COMPENSATION ACT OR WOULD BE SUBJECT TO RELIEF UNDER ANY POLICY FOR WORKERS COMPENSATION INSURANCE, AND ANY OTHER CLAIM, WHETHER IN TORT, CONTRACT OR OTHERWISE. IN THIS CONNECTION, DEVELOPER, INDIVIDUALLY AND ON BEHALF OF ITS OFFICERS, DIRECTORS, PARTNERS, CONTRACTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNEES, VENDORS, GRANTEES AND/OR TRUSTEES, AGREES TO RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS TOWN, ITS TOWN COUNCIL MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES, FOR TOWN' S, ITS TOWN COUNCIL MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES AND/OR EMPLOYEES, OWN NEGLIGENCE, IN WHATEVER FORM, ARISING OUT OF ANY ACT OR OMISSION, TAKEN OR FAILED TO BE TAKEN BY THE TOWN, RELATING IN ANY MANNER TO THIS AGREEMENT, IN WHOLE OR IN PART, REGARDLESS OF CAUSE OR ANY CONCURRENT OR CONTRUBUTING FAULT OR NEGLIGENCE OF TOWN. DEVELOPER IS EXPRESSLY REQUIRED TO DEFEND TOWN AGAINST ALL SUCH CLAIMS, AND TOWN IS REQUIRED TO REASONABLY COOPERATE AND ASSIST DEVELOPER IN PROVIDING SUCH DEFENSE; PROVIDED, HOWEVER, IF A COURT OF COMPETENT JURISDICTION SIGNS A JUDGMENT THAT BECOMES FINAL AND NON - DEVELOPMENT AGREEMENT (Christie Farms) — Page 7 of 19 C:1Documents and Settings\Hulon Webb\My Documents\Development AgreernentslARB]-4471453-v 1- Christie_Farms_Development_ Agreement (3).DOC APPEALABLE, DETERMINING THAT TOWN (WITHOUT WAIVING ANY GOVERNMENTAL IMMUNITY) HAS JOINT, CONCURRENT OR SOLE NEGLIGENCE FOR THE CLAIMS, IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS (THE "JUDGMENT'), THEN DEVELOPER IS NOT REQUIRED TO INDEMNIFY OR DEFEND TOWN TO THE EXTENT OF THE NEGLIGENCE APPORTIONED TO TOWN FOR EACH CAUSE(S) OF ACTION IDENTIFIED IN THE JUDGMENT. IN THE EVENT THE JUDGMENT PROVIDES THAT TOWN IS JOINTLY, CONCURRENTLY, OR SOLELY NEGLIGENT FOR THE CLAIMS REFERRED TO THEREIN, TOWN AGREES TO REIMBURSE DEVELOPER FOR ALL REASONABLE AND NECESSARY COSTS INCURRED AND PAID BY DEVELOPER THAT ARE ATTRIBUTABLE TO TOWNS PERCENTAGE OF JOINT, CONCURRENT, OR SOLE NEGLIGENCE, AS SET FORTH IN THE JUDGMENT, INCLUDING REASONABLE AND NECESSARY ATTORNEYS FEES AND EXPENSES, TO DEVELOPER WITHIN ONE HUNDRED TWENTY (120) DAYS OF THE DATE OF THE JUDGMENT. (B) IN ITS SOLE DISCRETION, TOWN SHALL HAVE THE RIGHT TO APPROVE OR SELECT DEFENSE COUNSEL TO BE RETAINED BY DEVELOPER IN FULFILLING ITS OBLIGATION HEREUNDER TO DEFEND AND INDEMNIFY TOWN, UNLESS SUCH RIGHT IS EXPRESSLY WAIVED BY TOWN IN WRITING. TOWN RESERVES THE RIGHT TO PROVIDE A PORTION OR ALL OF ITS OWN DEFENSE; HOWEVER, TOWN IS UNDER NO OBLIGATION TO DO SO. ANY SUCH ACTION BY TOWN IS NOT TO BE CONSTRUED AS A WAIVER OF DEVELOPER'S OBLIGATION TO DEFEND TOWN OR AS A WAIVER OF DEVELOPER'S OBLIGATION TO INDEMNIFY TOWN PURSUANT TO THIS AGREEMENT. DEVELOPER SHALL RETAIN TOWN -APPROVED DEFENSE COUNSEL WITHIN SEVEN (7) BUSINESS DAYS OF TOWN'S WRITTEN NOTICE THAT TOWN IS INVOKING ITS RIGHT TO INDEMNIFICATION UNDER THIS AGREEMENT. IF DEVELOPER FAILS TO RETAIN COUNSEL WITHIN SUCH TIME PERIOD, TOWN SHALL HAVE THE RIGHT TO RETAIN DEFENSE COUNSEL ON ITS OWN BEHALF, AND DEVELOPER SHALL BE LIABLE FOR ALL REASONABLE COSTS INCURRED BY TOWN. (C) THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 12. PARTIES' ACKNOWLEDGEMENT OF TOWNS COMPLIANCE WITH FEDERAL AND STATE CONSTITUTIONS, STATUTES AND ,CASE LAW AND FEDERAL, STATE AND LOCAL ORDINANCES RULES AND REGULATIONS/DEVELOPER'S WAIVER AND RELEASE OF CLAIMS FOR OBLIGATIONS IMPOSED BY THIS AGREEMENT. (A) DEVELOPER ACKNOWLEDGES AND AGREES THAT: DEVELOPMENT AGREEMENT (Christie Farms) — Page & of 19 C:1Documents and SettingsTulon WebblMy DocumentslDevelopment AgreementslARBJ-9471453-v1- Christie_Farms_Development_Agreement (3).DOC (I) THE WATER IMPROVEMENTS AND/OR THE FEES TO BE IMPOSED BY TOWN REGARDING THE PROPERTY, IN WHOLE OR IN PART, DO NOT CONSTITUTE A: (A) TAKING UNDER THE TEXAS OR UNITED STATES CONSTITUTION, (B) VIOLATION OF THE TEXAS WATER CODE, AS IT EXISTS OR MAY BE AMENDED; (C) NUISANCE; AND/OR (D) CLAIM FOR DAMAGES AND/OR REIMBURSEMENT AGAINST TOWN FOR A VIOLATION OF ANY FEDERAL AND/OR STATE CONSTITUTION, STATUTE AND/OR CASE LAW AND/OR FEDERAL, STATE AND/OR LOCAL ORDINANCE, RULE AND/OR REGULATION. (II) THE AMOUNT OF DEVELOPER'S FINANCIAL OR INFRASTRUCTURE CONTRIBUTION (AFTER RECEIVING ALL CONTRACTUAL OFFSETS, CREDITS AND REIMBURSEMENTS, IF ANY) AGREED TO IN THIS AGREEMENT IS ROUGHLY PROPORTIONAL TO THE DEMAND THAT SUCH DEVELOPER'S DEVELOPMENT PLACES ON THE TOWN'S INFRASTRUCTURE. (III) DEVELOPER HEREBY AGREES THAT ANY PROPERTY WHICH IT CONVEYS TO TOWN PURSUANT TO THIS AGREEMENT IS ROUGHLY PROPORTIONAL TO THE BENEFIT RECEIVED BY DEVELOPER FOR SUCH LAND, AND DEVELOPER HEREBY WAIVES ANY CLAIM THEREFOR THAT IT MAY HAVE. DEVELOPER FURTHER ACKNOWLEDGES AND AGREES THAT ALL PREREQUISITES TO SUCH A DETERMINATION OF ROUGH PROPORTIONALITY HAVE BEEN MET, AND THAT ANY VALUE RECEIVED BY TOWN RELATIVE TO SAID CONVEYANCE ARE RELATED BOTH IN NATURE AND EXTENT TO THE IMPACT OF THE DEVELOPMENT OF DEVELOPER'S ADJACENT PROPERTY ON TOWN'S INFRASTRUCTURE. DEVELOPER AND TOWN FURTHER AGREE TO WAIVE AND RELEASE ALL CLAIMS ONE MAY HAVE AGAINST THE OTHER RELATED TO ANY AND ALL ROUGH PROPORTIONALITY AND INDIVIDUAL DETERMINATION REQUIREMENTS MANDATED BY THE UNITED STATES SUPREME COURT IN DOLAN V. CITY OF TIGARD, 512 U.S. 374 (1994)9 AND DEVELOPMENT AGREEMENT (Christie Farms) — Page 9 of 19 C:1Documents and SettingslHulon Webb\My DocumentslDevelopment Agreements\ARBJ-4471453-v1- Christie_Farms_Development_ Agreement (3).DOC ITS PROGENY, AS WELL AS ANY OTHER REQUIREMENTS OF A NEXUS BETWEEN DEVELOPMENT CONDITIONS AND THE PROJECTED IMPACT OF THE PUBLIC INFRASTRUCTURE. (IV) DEVELOPER SHALL INDEMNIFY AND HOLD HARMLESS TOWN FROM ANY CLAIMS AND SUITS OF THIRD PARTIES, INCLUDING BUT NOT LIMITED TO DEVELOPERS} RESPECTIVE PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNEES, VENDORS, GRANTEES, AND/OR TRUSTEES, BROUGHT PURSUANT TO THIS PARAGRAPH. (B) DEVELOPER RELEASES TOWN FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION BASED ON EXCESSIVE OR ILLEGAL EXACTIONS. (C) DEVELOPER WAIVES ANY CLAIM FOR DAMAGES AND/OR REIMBURSEMENT AGAINST TOWN FOR A VIOLATION OF ANY FEDERAL AND/OR STATE CONSTITUTION, STATUTE AND/OR CASE LAW AND/OR FEDERAL, STATE AND/OR LOCAL ORDINANCE, RULE AND/OR REGULATION. (D) THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 13. Vested Rights/Chapter 245 Waiver. The signatories hereto shall be subject to all ordinances of Town, whether now existing or in the future arising. This Agreement shall confer no vested rights on the Property, or any portion thereof, unless specifically enumerated herein. In addition, nothing contained in this Agreement shall constitute a "permit" as defined in Chapter 245, Texas Local Government Code, and nothing in this Agreement provides Town with fair notice of any Developer's project. DEVELOPER WAIVES ANY STATUTORY CLAIM UNDER CHAPTER 245 OF THE TEXAS LOCAL GOVERNMENT CODE UNDER THIS AGREEMENT. THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 14. Attorney's Fees. In any legal proceeding brought to enforce the terms of this Agreement, including but not limited to, a proceeding brought pursuant to Paragraphsphs 5,�6, 1111 and 12 above, the prevailing party may recover its reasonable and necessary attorney's fees from the non -prevailing party as permitted by Section 271.159 of the Texas Local Government Code, as it exists or may be amended. 15. Incorporation of Recitals. The representations, covenants and recitations set forth in the foregoing recitals of this Agreement are true and correct and are hereby incorporated into the body of this Agreement and adopted as findings of Town and the authorized representative of Developer. DEVELOPMENT AGREEMENT (Christie Farms) —Page 10 of 19 C:1Documents and Settings\Hulon WebMMy DocumentslDevelopment Agreements\ARBJ-4471453-v1- Christie_Farms_Development_ Agreement (3).DOC 16. Developer's Warranties/Representations. All warranties, representations and covenants made by Developer in this Agreement or in any certificate or other instrument delivered by Developer to Town under this Agreement shall be considered to have been relied upon by Town and will survive the satisfaction of any fees under this Agreement, regardless of any investigation made by Town or on Town's behalf. 17. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties hereto. 18. Venue. This Agreement shall be construed in accordance with the laws of the State of Texas and shall be performable in Collin County, Texas. 19. Consideration. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. 20. Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. A facsimile signature will also be deemed to constitute an original if properly executed. 21. Authority to Execute. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the parry for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. 22. Savings/Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 23. Representations. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. 24. Sovereign Immunity. The parties agree that Town has not waived its sovereign immunity by entering into and performing its obligations under this Agreement. 25. 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. DEVELOPMENT AGREEMENT (Christie Farms) — Page 11 of 19 CADocuments and 5ettings\Hulon Webb\My Documents%Development AgreementslARBJ-4471453-v1- Christie Farms_Development_Agreement (3).DOC 26. Assi2nmentBinding Effect. This Agreement is assignable upon the following conditions: (a) the assignment of the Agreement must be evidenced by a recordable document. The recordable document referred to in this paragraph is subject to the reasonable approval of Town; (b) at the time of any assignment, Developer must give the assignee written notice that any and all obligations, covenants and/or conditions contained in the Agreement will be assumed solely and completely by the assignee. The notice provided pursuant to this paragraph is subject to the reasonable approval of Town; (c) Developer will file any approved, executed assignment in the Land Records of Collin County, Texas; and (d) Developer shall provide Town with the name, address, phone number, fax number and the name of a contact person for the assignee. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective officers, directors, partners, employees, representatives, agents, vendors, grantees and/or trustees, heirs, executors, administrators, legal representatives, successors and assigns, as authorized herein. 27. Indemnification. The parties agree that the Indemnity provisions set forth in Paragraphs 11 and 12 herein are conspicuous, and the parties have read and understood the same. 28. Construction. All construction described herein shall be subject to and in compliance with all ordinances of Town, whether now existing, hereafter amended or in the future arising. Evidence of any bonds required by Section 212.073 of the Texas Local Government Code, or other applicable law, shall be provided by Developer to Town. 29. Conveyances. All conveyances required herein shall be made in a form acceptable to Town and free and clear of any and all encumbrances. 30. Waiver. Waiver by either party of any breach of this Agreement, or the failure of either party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or waive such party's right thereafter to enforce and compel strict compliance. 31. Reference to Developer. When referring to "Developer" herein, this Agreement shall refer to and be binding upon Developer, and its officers, directors, partners, employees, representatives, contractors, agents, successors, assignees, vendors, grantees and/or trustees. 32. Miscellaneous Draftins Provisions. This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. DEVELOPMENT AGREEMENT (Christie Farms) — Page 12 of 19 CADocuments and SettingslHulon Webb\My Documents\Development AgreementslARBJ-#471453-v1- Christie_Farms_Development _ Agreement (3).DOC [SIGNATURE PAGE TO FOLLOW.] DEVELOPMENT AGREEMENT (Christie Farms) — Page 13 of 14 C:1Documents and SettingslHulon WebbWy Documents\Development Agreements\ARBJ-#471453-v1- Christie _Farms Deveiopment_Agreement (3).DOC IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective on the latest date as reflected by the signatures below. TOWN: TOWN OF PROSPER, TEXAS go Kevin Carruth, Interim Town Manager Date: DEVELOPER: MF V CHESNEY 65, LP, a Texas limited partnership By: MF V Chesney 65 GP, Inc., a Texas corporation Its: General Partner am Date: Michael Beaty, President DEVELOPMENT AGREEMENT (Christie Farms) — Page 14 of 19 CADocuments and SettingslHulon Webb\My Documents\Development AgreementslARB7-#471453-v1- Christie_Farms_Development_Agreement (3).DOC STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally appeared Kevin Carruth known to me to be one of the persons whose names are subscribed to the foregoing instrument; he acknowledged to me he is the duly authorized representative for the TOWN OF PROSPER, TEXAS, and he executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 2007. Notary Public in and for the State of Texas My Commission Expires: STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned authority, a Notary Public, on this day personally appeared Michael Beaty, President of MF V Chesney 65 GP, Inc., a Texas corporation and the General Partner of MF V CHESNEY 65, GP, a Texas general partnership, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and who acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated on behalf of said partnership. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of .2007. Notary Public in and for the State of Texas My Commission Expires: DEVELOPMENT AGREEMENT (Christie Farms) — Page 15 of 19 CADocuments and SettingslHulon Webb\My Documents\Development AgreementslARB7-9471453-v1- Christie_Farms_Development_ Agreement (3).DOC EXHIBIT A LEGAL DESCRIPTION AND DEPICTION OF THE PROPERTY [see attached] DEVELOPMENT AGREEMENT (Christie Farms) LEGAL DESCRIPTION BEING all of that tract of land located in the Collin County, Texas, a part of the GEORGE HORN SURVEY, ABSTRACT NO.412, and being a part of that 65.000 acre tract of land conveyed to MF V Chesney 65, LP, as recorded in Document Number 20060522000695470, Collin County Deed Records, and being further described as follows: BEGINNING at a one-half inch iron rod found at the most easterly southeast corner of said 65.000 acre tract of land, said point being the northeast corner of a 1.287 acre tract of land conveyed to Welding Service and Supply Inc. as recorded in Document No. 20060524000706960, Collin County Deed Records, said point being the west right-of- way line of Farm -to -Market Highway Number 2478 (a variable width right-of-way); THENCE along the north line of said 1.287 acre tract of land as follows: South 89 degrees 05 minutes 44 seconds West, 59.15 feet to a one-half inch iron rod found for corner; South 01 degrees 14 minutes 53 seconds East, 3.01 feet to a one-half inch iron rod found for corner; South 88 degrees 57 minutes 21 seconds West, 197.10 feet to a five -eighths inch iron rod found at the northwest corner of said 1.287 acre tract of land; THENCE South 01 degrees 39 minutes 01 seconds East, 196.94 feet to a one-half inch iron rod found at the most southerly southeast corner of said 65.000 acre tract of land and at the southwest corner of said 1.287 acre tract of land, said point being in the north line of Rea Mills Estates, an addition to the Town of Prosper as recorded in Cabinet F, Page 753, Collin County Plat Records; THENCE along the south line of said 65.000 acre tract of land and along the north line of Rea Mills Estates as follows: South 88 degrees 59 minutes 13 seconds West, 289.25 feet to a nail found for corner; South 88 degrees 48 minutes 32 seconds West, 228.79 feet to a one-half inch iron rod found for corner; South 88 degrees 55 minutes 40 seconds West, 546.97 feet to a nail found for corner; South 88 degrees 38 minutes 40 seconds West, 442.94 feet to a three -eighths inch iron rod found for corner; South 88 degrees 26 minutes 14 seconds West, 413.14 feet to a one-half inch iron rod set for corner; THENCE North 01 degrees 51 minutes 15 seconds West, 1481.02 feet to a five -eighths inch iron rod found at the northwest corner of said 65.000 acre tract of land, said point being in the south line of Collin Green, an addition to the Town of Prosper as recorded in Cabinet G, Page 245, Collin County Plat Records; THENCE along the north line of said 65.000 acre tract of land as follows: North 89 degrees 31 minutes 36 seconds East, 492.76 feet to a one-half inch iron rod found for corner; North 89 degrees 29 minutes 56 seconds East, 872.89 feet to a five -eighths inch iron rod found for corner; South 01 degrees 41 minutes 20 seconds East, 338.99 feet to a five -eighths inch iron rod found for corner; North 89 degrees 19 minutes 37 seconds East, 736.94 feet to a five -eighths inch iron rod found at the most easterly northeast corner of said 65.000 acre tract of land, said point being in the west right-of-way line of Farm -to -Market Highway Number 2478; THENCE along the east line of said 65.000 acre tract of land and along the west line of said Farm -to -Market Highway Number 2478 as follows: South 01 degrees 41 minutes 20 seconds East, 429.24 feet to a one-half inch iron rod found for corner; Southeasterly, 404.50 feet along a curve to the left which has a central angle of 15 degrees 33 minutes 41 seconds, a radius of 1489.34 feet, a tangent of 203.50 feet, and whose chord bears South 09 degrees 28 minutes 11 seconds East, 403.26 feet to a five - eighths inch iron rod found for corner; South 17 degrees 15 minutes 02 seconds East, 92.87 feet to the POINT OF BEGINNING and containing 2,806,992 square feet or 64.440 acres of land. I EXHIBIT B THIRD PARTY WATER IMPROVEMENT EASEMENTS [see attached] DEVELOPMENT AGREEMENT (Christie Farms) "Notice of Confidentiality rights: If you are a Natural Person, you may remove or strike any of the following information from this instrument before it is filed for record in the Public Records: Your Social Security Number or your Drivers' License Number." AFTER RECORDING, PLEASE RETURN TO: Town of Prosper. Attn: Matt Denton, Town Secretary " Z 121 W. Broadway Street P.O. Box 307 Prosper, TX 75078 WATER LINE EASEMENT AND TEMPORARY CONSTRUCTICIN EASE: ENT" THE STATE OF TEXAS § -� § KNOW ALL MEN BY TSE PRES . COUNTY OF COLLIN § THAT, Paul and Dana Litchford, whether, wh er cane &rno Ee I;e -no �tte, called "Grantor," for and in consideration of the sum of ONE DO consideration to Grantor in hand paid by the TOWN OF P ($1.00T and other good and valuable PER, TEXAS, a Texas Home Rule Municipal Corporation, hereinafter called "Gr5wee:', -Llhe receipt and sufficiency of which are hereby acknowledged, does GRANT, DEDI T LL .arse CONVEY to the Grantee, the easement and right to construct, reconstruct, cry, alter, locate and perpetually maintain water line facilities, (the "Facilities"), together with:alE i den�t�l °r: po.—me.,ts, and all necessary laterals in, upon and across certain real pr erty lo(At.ed , in the Town of Prosper, Collin County, Texas, as more particularly describ xhibit "A", which is attached hereto and made a part hereof by reference as if fully set fo h he.rein (tly asement Property"). This conveyance also includes a temporary construction easement as described on Exhibit "A" attached hereto for the purpose of excavation, constructs and laying of the Facilities within the Easement Property described herein (the Easement"). The Temporary Construction Easement granted herein will term inat d cease upon completion of the construction of the Facilities and acceptance of the Facilities by the Town of Prosper. As part of the grant hereby made, it is agreed between the parties hereto that any stone, earth, gravel or caliche which may be excavated in the opening, construction or maintenance of said easement may be removed from said premises by Grantee. Page 1 TO HAVE AND TO HOLD the same perpetually unto the Grantee, its successors and assigns, together with the right and privilege at all times to enter the Easement Property and/or Temporary Construction Easement, or any part thereof, and with the right of access across Gr adjacent property for ingress and egress to the Easement Property for the purposepi ting, reconstructing, altering, operating, relocating and maintaining the Facilities, ntal improvements and for making connections therewith. Grantee, its su ;e %scrs nnd assigns, shall have the right to construct, reconstruct and perpetually maintain additional i---idfilrc:s at all times in the future within the Easement Property. Grantee will at all times after doing any work in coilnection wit construction, operation or repair of the Facilities, restore the surface of the Easement )rope ty akdADF Temporary Construction Easement as close to the condition in which it was found ,before such work was undertaken as is reasonably practicable, except for trees, shrubs and structures within the Easement Property and/or Temporary Construction Easement that were removed as a result of such work. Grantor does hereby bind it�eif ad its yccessors to WARRANT AND FOREVER DEFEND all and singular the Easement erty and Temporary Construction Easement unto Grantee, its successors and assSthroor st ev person whomsoever lawfully claiming or to claim the same or any part thereo under Grantor, butnot otherwise. Grant e, its and assigns, shall have the right to construct, reconstruct, alter, operate, r c perpetually maintain additional Facilities at all times in the future within the If Grantee is unable to access the Easement Property and/or Temporary Constructs Easement due to physical barriers or conditions, then the Grantee, its successors and assigns, shall have, and are hereby granted, the right of ingress and egress over that portion of the Grantor's adjacent property within fifteen feet (15) of the Easement Property and/or Temporary Page 2 Construction Easement as is reasonably necessary to and for the limited purpose of accessing the Easement Property and/or Temporary Construction Easement herein granted. There are no liens, attachments, or other encumbrances which will affect the title or right of the Grantor to convey this easement to the Grantee for the purposes as described (erein. If such condition does exist, a signature with acknowledgment shall be included and�naa part this document conveying the rights and privileges contained herein. The easement rights and privileges granted herein are exclusive, d Gntor covenants that Grantor will not convey any other easement or conflicting rights in the are ered by this grant. Y This instrument shall not be considered as a de?d Lax +"p� a nt Property or any part thereof, and the right is hereby reserved to Grantor, ifs succ ssors--and assigns, to use such property to landscape and build and construct fences, driveways ai,d•other associated improvements over or across said easement; provided, however, that iri no event shall a wall, structure or building of any type other than those previously des "` icu,or ahy' pilino, pier or isolated footing of any wall, structure or building be placed directly on 'd asefrlent Property. This instrument shall ti a co-vanaiii running with the land and shall benefit and burden the applicable real pr 'es desc herein and shall inure to the benefit of, and be binding upon, Grantee and Gran , a eir respective successors or assigns. This iil trumerit nie executed in a number of identical counterparts, each of which shall be a I :-or air purposes. ual executing this instrument on behalf of the Grantor represents that all :cessary actions have been taken to authorize the individual who is executing this instrument to do so for and on behalf of the Grantor, that there are no other parties or entities required to execute this instrument in order for the same to be an authorized and binding agreement Page 3 on the Grantor and that the individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. SIGNED my hand this day of By: Name: Title: Address: By: Name: Title: Address: THE STATE OF TEXAS § COUNTY OF § This instrumen Paul Litchford. -40 THE Dana Li , 200_ f l0VVL€DG"MENT before me on the day of , 200_ by Notary Public in and for the State of Texas strument was acknowledged before me on the rd. Notary Public in and for the State of Texas day of , 200_ by Page 4 JOINDER OF LIENHOLDER The undersigned, being the holder(s) of the liens against a portion of the Easement Property and Temporary Construction Easement evidenced by: Deed of Trust dated from recorded under Clerk's File No. a Texas , to Truste , securing payment of one certain promissory note of even date therewith i2tha. -principal amount of $ payable to the order of _ ; said Note being additionally secured by a Vendor's Lien of even datejetaine in aed executed by all of the limited to, to recorded under Clerk's File No. terms and conditions and stipulations contained any future indebtedness also secured by this liery OWA&Texas nd su ject to iria but not hereby consents to the execution of the foregoing Water Easement and ages that in the event of a foreclosure of the Easement Property and/or Tempor Ce " struct on Easement or any portion thereof and/or the underlying property or any I o her of (c; l ...., din lieu thereof}, the Water Easement will remain in full force and effect and sha extiuished by such foreclosure (or deed in lieu thereof). [insert name of lienholder(s)] STATE OF TEXAS COUNTY OF BEFORE ME, purposes and cfns 2n0_. GIVECNY and - ed authority, on this day personally appeared _; hels a acknowledged to me he/she executed said instrument for the n therein expressed and in the capacity therein stated. el ND AND SEAL OF OFFICE this day of , Notary Public in and for the State of Texas My Commission Expires: Page 5 EXHIBIT A SHEET 1 4F 2 WATER LINE EASEMENT 2,263 S.F./0.052 ACRES LEGAL, DESCRIPTION BEING a tract of land in the Town of Prosper, Collin County, Texas, teeing a part of the GEORGE HORN SURVEY, ABSTRACT No. 412, and being a part of a tract of land conveyed to Paul and Dana Litchford as recorded in Volume 674, Page 855, Collin County Deed Records, and being further described as follows: COMMENCING at a monument found at the northwest corner of said Litchford tract, said point being in the south line of Form —to —Market (FM) Road 1461 (a variable width right--of—way); THENCE South 00 degrees 22 minutes 06 seconds West, 15.00 feet to a cane —half Inch iron rod found In the west life of said Litchford tract, said point being the northeast corner of Lot 22, Block A, Replat of Collin Green, an addition to the Town of Prosper as recorded in Cabinet G, Page 245, Collin County Plat Records and the POINT OF BEGINNING of this tract of land; THENCE North 89 degrees 17 minutes 58 seconds East, 226.10 feet to a point for corner in the east line of said Litchford tract, said point being in the west line of a tract of land conveyed to Glenn Duane and Nancy :Ann Cashon a:3 recorded in Volume 666, Page 570, Collin County feed Records-, THENCE South 01 degrees 27 minutes 19 seconds East, 10.00 feet along the ea,:t line of said Litchford tract and the west line of said Cashon tract to a point for corn erg THENCE South 89 degrees 17 minutes 58 seconds West, 226.4.2 feet to a paint for corner in the west line of said Litchford tract, sold point being in the east line of said Lot 22; THENCE North 00 degrees 22 minutes 06 seconds East, 10.00 feet along the west line of said Litchford tract and the east line of said Lot 22 to the POINT OF BEGINNING and containing 2,263 square feet or 0.052 acres of land. F B ■ Engineering Jones & Boyd, Inc. a surveying ■ Planning ing 17090 Dallas Parkway, Suite 200 Dallas, Texas 75248 a tatid Architecture 972.248.767'6 office 972.248,1414 fax ■ COnstruefiun IVlailac�erllE'llt wwwjones-i oyd.coin $00'22'06"W 15.00'B P.O,� �N � I L I�Ni w�l LOT 22, BLOCK A Ir REPLAT OF I COLLIN GREEN i CRAB. G, PG. 245 I I� EXHIBIT A SHEET 2 OF 2 WATER LINE EASEMENT 2,263 S.F./O.052 ACRES N BEARINGS BASED ON DEED TO MF V CHESNEY 65, LP, AS RECORDED IN DOCUMENT NO. 20060522000695470, COLON COUNTY DEED RECORDS. ONE LEG ALONG 1„-100' NORTH UNE HELD AS NORTH 89 DEGREES 19 MINUTES 37 SECONDS EAST. FM NWY 1461 P.O.C. (A !VARIABLE WIDTH R.O.W.) MONUMENT F IfJ QUND L2 L3 WATER ESMT. (2,263 S.F./ 0.052 ACRES) GIENN DUANE AND I OWNER: GENE.VA CASHON PAUL 0. LITCHFORD NAN(;Y ANN CA'SHON' VOL. 601, P(;. 400 AND DANA LITCHFORD � VOL. 666. PG— 570 VOL- 674, PG. 855 LIFE TABLE LINE BEARING DISTANCE L1 N89'17'58"E 226.10' L2 S01'27'19"E 10.00' S89"17'58"W 226.42' .0 L4 I N00'22'06"E 10.00' i 10' 1)TIL11Y F iM f CAB. 24S RLPL-A..1 OF I.OT IN It•E 1Fi i f f ,f L(if 14 -HL.Cp;."K. A F.B a Engineering Jones & Boyd. Inc. ■ Surveying ■ Planning lannrail)€ 17090 Dallas Parkway, Suite 200 Dallas, Texas 75248 ■ 972.248.7676 office Architecture 972,248.1414 fax ■ Construction Managementwww.lon es-boyd.com "Notice of Confidentiality rights: If you are a Natural Person, you may remove or strike any of the following information from this instrument before it is filed for record in the Public Records: Your Social Security Number or your Drivers' License Number." AFTER RECORDING, PLEASE RETURN TO: Town of Prosper Attn: Matt Denton, Town Secretary 121 W. Broadway Street P.O. Box 307 Prosper, TX 75078 WATER LINE EASEMENT AND TEMPORARY THE STATE OF TEXAS § § KNOW ALL MEN COUNTY OF COLLIN § THAT, Glenn and Nancy Cashon, "Grantor," for and in consideration of the sum of ONE consideration to Grantor in hand paid by the TOMT OF MW Ire more, hereinafter called (WOO) and other good and valuable PER, TEXAS, a Texas Home Rule Municipal Corporation, hereinafter called ':Gi_�ntee the receipt and sufficiency of which are hereby acknowledged, does GRANT, DEDIGrATE,+ ELF_ 'and CONVEY to the Grantee, the easement and right to construct, reconstruct, orate, alter, locale and perpetually maintain water line facilities, (the "Facilities"), together MIn all i ciderh`o! hprovernents, and all necessary laterals in, upon and across certain real pLp1gerty lodsited ., in the Town of Prosper, Collin County, Texas, as more AK particularly describ xhibit "A", (which is attached hereto and made a part hereof by reference as if fully set forth herein (t asement Property"). This conveyance also includes a temporary construction easement' as described on Exhibit "A" attached hereto for the purpose of excavation, constructs Nnd lag of the Facilities within the Easement Property described herein (the on Easement"). The Temporary Construction Easement granted herein will terminat6lp d cease upon completion of the construction of the Facilities and acceptance of the Facilities by the Town of Prosper. As part of the grant hereby made, it is agreed between the parties hereto that any stone, earth, gravel or caliche which may be excavated in the opening, construction or maintenance of said easement may be removed from said premises by Grantee. Page 1 TO HAVE AND TO HOLD the same perpetually unto the Grantee, its successors and assigns, together with the right and privilege at all times to enter the Easement Property and/or Temporary Construction Easement, or any part thereof, and with the right of access across Gra oks adjacent property for ingress and egress to the Easement Property for the purpose f co cting, reconstructing, altering, operating, relocating and maintaining the Facilities, and all in ' ental improvements and for making connections therewith. Grantee, its successors and -assiaris, shall have the right to construct, reconstruct and perpetually maintain addition Sac�ilia�i�:� at all times in the future within the Easement Property. Grantee will at all times after doing any work in crIrlec.66n wit construction, operation or repair of the Facilities, restore the surface of the Ea--c iien-t *roped w and/or Temporary Construction Easement as close to the condition in which it was found before such work was undertaken as is reasonably practicable, except for trees, shrubs and structur&s within the Easement Property and/or P Temporary Construction Easement that were removed a-S a result of such work. Grantor does hereby bi W aseii and its ccessfors to WARRANT AND FOREVER DEFEND all AIL X and singular the Easementemporary Construction Easement unto Grantee, its successors and as6'thr(o gainst Nev person whomsoever lawfully claiming or to claim the same or any part thereoor under Grantor, but not otherwise. Grantor, its s cessors and assigns, shall have the right to construct, reconstruct, alter, operate, relocate an. perpetually maintain additional Facilities at all times in the future within the Ease nt P-Opert,. If Grantee is unable to access the Easement Property and/or Temporary Constructs Easement due to physical barriers or conditions, then the Grantee, its successors and assigns, shall have, and are hereby granted, the right of ingress and egress over that portion of the Grantor's adjacent property within fifteen feet (15') of the Easement Property and/or Temporary Page 2 Construction Easement as is reasonably necessary to and for the limited purpose of accessing the Easement Property and/or Temporary Construction Easement herein granted. There are no liens, attachments, or other encumbrances which will affect the title or right of the Grantor to convey this easement to the Grantee for the purposes as described ferein,41f such condition does exist, a signature with acknowledgment shall be included an a part Ir this document conveying the rights and privileges contained herein. The easement rights and privileges granted herein are exclusive, W#&d GAqDtor covenants that Grantor will not convey any other easement or conflicting rights in the are Bred by this grant. This instrument shall not be considered as a thereof, and the right is hereby reserved to Grantor, to landscape and build and construct fences, driveways a nt Property or any part assigns, to use such property r associated improvements over or across said easement; provided, however4hat in no event shall a wall, structure or building of any .4 type other than those previously des riled 01 arly p.ilig, pier or isolated footing of any wall, structure or building be placed directly on 'd'Easement Property. This instrument shall ti a covenant running with the land and shall benefit and burden the applicable rea&aeir esc herein and shall inure to the benefit of, and be binding upon, Grantee and Granrespective successors or assigns. This i trumexecuted in a number of identical counterparts, each of which shall be deeme o al for II purposes. approp ual executing this instrument on behalf of the Grantor represents that all d necessary actions have been taken to authorize the individual who is executing this instrument to do so for and on behalf of the Grantor, that there are no other parties or entities required to execute this instrument in order for the same to be an authorized and binding agreement Page 3 on the Grantor and that the individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. SIGNED my hand this day of , 200_. IAL Glenn Cashon By: Name: _ Title: - Address: Nancy Cashon Name:) -- Title: Address: A C K N 0 WLEDG`,P,E In d -r"t-- L6TATr /11" TrVAL% N ` before me on the day of 200_ by �tary Public in and for the ate of Texas before me on the Notary Public in and for the State of Texas day of , 200^ by Page 4 JOINDER OF LIENHOLDER The undersigned, being the holder(s) of the liens against a portion of the Easement Property and Temporary Construction Easement evidenced by: Deed of Trust dated recorded under Clerk's File No. from —,a Texas , to Trustee, securing payment of one certain promissory note of even date therewith irg the' piincip�!f amount of $ payable to the order of said. Note being additionally secured by a Vendor's Lien of even date_retainei, n Deers; executed by to recorded under Clerk's File No. all of the terms and conditions and stipulations contained th limited to, any future indebtedness also secured by this lie! Texas nd su ject to Wirjq but not hereby consents to the execution of the foregoing Water Easement sr d a es that in the event of a foreclosure of the Easement Property and/or Tempor CU'7sfrt�ctir; Easement or any portion thereof and/or the underlying property or any portio he of (cr d .ed in lieu thereof), the Water Easement will remain in full force and effect and sh^C extWg'uished by such foreclosure (or deed in lieu thereof). [insert name of lienholder(s)] STATE OF TEXAS COUNTY OF BEFORE ME, purposes and 2oa_. GIVE CNDEIVY and ed authority, on this day personally appeared _; hels acknowledged to me he/she executed said instrument for the on therein expressed and in the capacity therein stated. AND SEAL OF OFFICE this day of , Notary Public in and for the State of Texas My Commission Expires: Page 5 EXHIBIT A SHEET 1 OF 2 WATER LINE EASEMENT 1,320 S.F./O.030 ACRES LEGAL DESCRIPTION BEING a tract of land in the Town of Prosper, Collin County, Texas, boing a part of the GEORGE HORN SURVEY, ABSTRACT No. 412, and being part of a tract of land conveyed to Glenn Duane and Nancy Cashon as recorded in Volume 666, Wage 570, Collin County Deed Records; COMMENCING at a five --eighths inch iron rod with cap found at the northeast corner of a 2.60 acre tract of land conveyed to Forrest Glenn Cashon as recorded in Volume 607, Page 400, Collin County Deed Records, said point being in the south line of Form —to —Market (FM) Rood 1461 (a variable width right—of—way); THENCE South 89 degrees 17 minutes 58 seconds West, 334.61 feet along the north line of said 2.60 acre tract and the south line of FM Road 1461 to Ea paint for corner at the northeast corner of said Cashon tract; THENCE South 01 degrees 27 minutes 19 seconds East, 15.00 feet along the east ling: of said Cashon tract and to the POINT OF BEGINNING of this tract of land; 'THENCE South 01 degrees 27 minutes 19 seconds East, 10.00 feet along the east Pne of said Cashon tract to a point for corner; THENCE South 89 degrees 17 minutes 58 seconds West, 132.01 feet to a point for corner in the west line of said Cashon tract, said point being in the east line of a tract of land conveyed to Paul and Duna Litchford as recorded in Volume 674, Page 855, Collin County Deed Records; 'THENCE North 01 degrees 27 minutes 19 seconds West, 10.00 feet along the west line of said Cashon tract and the east line of said Litchford tract to a point for corner; THENCE North 89 degrees 17 minutes 58 seconds East, 132.01 feet to the POINT OF BEGINNING and containing 1,320 square feet or 0.030 acres of land. as Engireeriag Jones & Boyd, Inc. ■ Surveying ■ Planning 17090 Dallas Parkway, Suite 200 Dallas. Texas 75248 a ape 972.243.7676 office Architertdaae 972.243,1414 fax ■ Consiructnn hilanaga nient wwwr.loanes-boydl.com LOT 22, BLOCK A REPLAT OF COLLIN GREEN CAR. G, PG. 245 EXHIBIT A SHEET 2 OF 2 WATER LONE EASEMENT 1,320 S.F./0.030 ACRES HEARINGS BASED ON nI"EA TO MF V C:HE_SNFY 65, LP, AS RECORDED IN DOCUMENT NO. 20060522000695470. C:OLUN COUNTY DEED RECORDS. ONE LEG ALONG 1 " =100' NORTH UNE HELD AS NORTH 89 DEGREES 19 MINUTES 37 SECONDS EAST. FM HWY 1461 (A VARIABLE WIDTH R.O.W.) _ N89'17'58"E 357.6a' _ Ai i M-0--L:Nljm — L34tWATER "� L4 --" L2 � L1 ESMT. (1,320 S.F./ i 0.030 ACRES) r-tnl i PAUL C. LITCHFORD GLENN DUANE AND ` Ub NI C'1 AND DANA L.ITCHFORD INANICY ANN CASHCiNi � VOL. 674, F"C;. 855 VOL. 666. PG. 510 !D obi � S89'1 `i'58"W 301'27' 19"E 15m, P.O.C. 5/s'IRF VA-M CAP\ 334,61' E I OWJNf-R. GEXti ..VA CA,"410N V01— 60 11. PG. 400 10* UTILITY E;SMT.� I i CAB. G, PG. 245 l �KF°l_�1T OFI ! MXL HAYES COLLIN GREEN f' VOL. 5485, 3 } ;3 CAB, G, PCB. 24`5 r_ 41, LOT 14 21 LOT 16 1 BI-OCK A I LOT 15 I i � I ! LINE TABLE LINE BEARING DISTANCE L1 S01.27'19"E 10.00' L2 S8917'58"W 132.01' L3 N01 °27'19"W 1 10.00' L4 N89-17'58"E 132.01' F B ■ Engineering Jones & Boyd, Inc. m surveying ■ Planning 17090 Dallas Parkway, SUote 200 Dallas, Texas 75248 ■ Landscape Landscape 972.248.7676 office Architecture 972.248.1414 fax ■ Construction Management vuww.jones-boyd.com U "Notice of Confidentiality rights: If you are a Natural Person, you may remove or strike any of the following information from this instrument before it is filed for record in the Public Records: Your Social Security Number or your Drivers' License Number." AFTER RECORDING, PLEASE RETURN TO: Town of Prosper Attn: Matt Denton, Town Secretary 121 W. Broadway Street r:, Iq P.O. Box 307 Prosper, TX 75078 WATER LINE EASEMENT AND TEMPORARY CONSTRUCTI0-1k) E4SE i]tEIV r _ -- , THE STATE OF TEXAS § § KNOW ALL MEN BY T- SE PRES COUNTY OF COLLIN § z THAT, Geneva Cashon, whether, whether one r re, i-eremafter called "Grantor," for and in consideration of the sum of ONE DOLLAR ($1.00) a their good and valuable consideration to Grantor in hand paid by the TOWN OF PROSPER, T S, a Texas Home Rule Municipal Corporation, hereinafter called "Grantee", the recefpt and sufficiency of which are hereby acknowledged, does GRANT, DEDI T LL.and CONVEY to the Grantee, the easement and F right to construct, reconstruct, crate, alter, locate and perpetually maintain water line facilities, (the "Facilities"), together w:Lh, all i cide' gal ;m-1--� 1 e-t-, and all necessary laterals in, upon and across certain real p9oerty looted ,in the Town of Prosper, Collin County, Texas, as more particularly describ xhibit "A", Which is attached hereto and made a part hereof by reference as if fully set forth -here: n (t asement Property"). This conveyance also includes a temporary construction easement as described on Exhibit "A" attached hereto for the purpose of excavation, construct[k and laying of the Facilities within the Easement Property described herein (the on Easement"). The Temporary Construction Easement granted herein will terminat d cease upon completion of the construction of the Facilities and acceptance of the Facilities by the Town of Prosper. As part of the grant hereby made, it is agreed between the parties hereto that any stone, earth, gravel or caliche which may be excavated in the opening, construction or maintenance of said easement may be removed from said premises by Grantee. Page 1 TO HAVE AND TO HOLD the same perpetually unto the Grantee, its successors and assigns, together with the right and privilege at all times to enter the Easement Property and/or Temporary Construction Easement, or any part thereof, and with the right of access across Gr adjacent property for ingress and egress to the Easement Property for the purpose f co cting, reconstructing, altering, operating, relocating and maintaining the Facilities, n in . ental improvements and for making connections therewith. Grantee, its sur^.vsrs__n assigns. shall have the right to construct, reconstruct and perpetually maintain additi6na4 Facilities at all times in the future within the Easement Property. s� Grantee will at all times after doing any work in coilnection wit construction, operation or repair of the Facilities, restore the surface of the Ease?le.rit �; oce► 7.rrcilcr Temporary Construction Easement as close to the condition in which it was founu befni{-, such work was undertaken as is reasonably practicable, except for trees, shrubs and structurbs within the Easement Property and/or Temporary Construction Easement tha removed as a result of such work. Grantor does hereby bi 1 el d its s ccessors to WARRANT AND FOREVER DEFEND all and singular the Easement erty and Temporary Construction Easement unto Grantee, its successors and ass' , against ev person whomsoever lawfully claiming or to claim the same or any part thereof, by, thro or under Grantor, but not otherwise. Grantee. its s.'�cessors and assigns, shall have the right to construct, reconstruct, alter, operate, r.. oc;ate and perpetually maintain additional Facilities at all times in the future within the Ease nt ProNert, . If Grantee is unable to access the Easement Property and/or Temporary NY Constructi Easement due to physical barriers or conditions, then the Grantee, its successors and assigns, shall have, and are hereby granted, the right of ingress and egress over that portion of the Grantor's adjacent property within fifteen feet (15') of the Easement Property and/or Temporary Page 2 Construction Easement as is reasonably necessary to and for the limited purpose of accessing the Easement Property and/or Temporary Construction Easement herein granted. There are no liens, attachments, or other encumbrances which will affect the title or right of the Grantor to convey this easement to the Grantee for the purposes as described (erein. If such condition does exist, a signature with acknowledgment shall be included and aa part this document conveying the rights and privileges contained herein. The easement rights and privileges granted herein are exclusive, d GG"antgr covenants that Grantor will not convey any other easement or conflicting rights in the are ered by this grant. This instrument shall not be considered as a thereof, and the right is hereby reserved to Grantor, to landscape and build and construct fences, driveways a nt Property or any part assigns, to use such property r associated improvements over or across said easement; provided, however. that ih- no event shall a wall, structure or building of any type other than those previously des b u'or pny pilina, pier or isolated footing of any wall, structure or building be placed directly on Aasernen�'-Pro'npdv. AV v � This instrument shall ti a covenant running with the land and shall benefit and burden the applicable reaS,a es desc herein and shall inure to the benefit of, and be binding upon, Grantee and Granheir respective successors or assigns. This i���firu rronl may executed in a number of identical counterparts, each of which shall be deem approp originai for 0 purposes. ual executing this instrument on behalf of the Grantor represents that all necessary actions have been taken to authorize the individual who is executing this instrument to do so for and on behalf of the Grantor, that there are no other parties or entities required to execute this instrument in order for the same to be an authorized and binding agreement Page 3 on the Grantor and that the individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. SIGNED my hand this day of Geneva Cashon By: - Name: Title: Address: ACKNOWLE THE STATE OF TEXAS § COUNTY OF § , 200_ This instrument was acknowledged s for;; mF? on the day of 200_ by Geneva Cashon. Page 4 JOINDER OF LIENHOLDER The undersigned, being the holder(s) of the liens against a portion of the Easement Property and Temporary Construction Easement evidenced by: Deed of Trust dated recorded under Clerk's File No. from , a Texas , to Trust. , securing payment of one certain promissory note of even date therewith i t0principal amount of $ payable to the order of A said Note being additionally secured by a Vendor's Lien of even date_.. retained in eed, executed by all of the - Texas recorded under Clerk's File No. nd subject to terms and conditions and stipulations contained ther inclhanq but not limited to, any future indebtedness also secured by this lien hereby consents to the execution of the foregoing Water Easement and agrees that in the event of a foreclosure of the Easement Property and/or Tempo Cc nstruct�on Easement or any portion thereof and/or the underlying property or any portio her of (or dee-d in lieu thereof), the Water Easement will remain in full force and effect and sha exti0"guis' ned by such foreclosure (or deed in lieu thereof). [insert name of lienholder(s)] STATE OF TEXAS COUNTY OF BEFORE ME, purposes and 200_. to jft and ' ed authority, on this day personally appeared hels a acknowledged to me he/she executed said instrument for the siNtLation therein expressed and in the capacity therein stated. GIVECNY D AND SEAL OF OFFICE this day of , Notary Public in and for the State of Texas My Commission Expires: Page 5 EXHIBIT A SHEET 1 OF 2 WATER UNE EASEMENT 3,346 S.F./O.077 ACRES LEGAL DESCRIPTION BEING a tract of land in the Town of Prosper, Collin County, Texas, being a part of the GEORGE HORN SURVEY, ABSTRACT No. 412, and being part of a 2.60 acre tract of land conveyed to Forrest Glenn Cashon as recorded in Volume 607, Page 400, Collin County Deed Records, and being further described as follows: COMMENCING at a five --eighths inch iron rod with cap found at the northeast corner of sold 2.60 acre tract, said point being the most northerly northwest corner of a tract of land conveyed to Mike Hayes as recorded in Volume 5485, Page 4133, Collin County Deed Records, said point also being in the south line of Farm--to--Market (Fiat) Road 1461 (a variable width right--of—way); THENCE South 01 degrees 27 minutes 19 seconds East, 15.00 feet alone the east line of said 2.60 acre tract and the west line of said Hayes tract to the POINT OF BEGINNING of this tract of land; THENCE South 01 degrees 27 minutes 19 seconds East, 10.00 feet to a point for corner in the east line of said 2.60 acre tract and the west line of said Hayes tract; THENCE South 89 degrees 17 minutes 58 seconds West., 334.61 feet to a point for corner in the east line of a tract of land conveyed to Glenn Duane and Nancy Ann Cashon as recorded in Volume 666, Page 570, Collin County Deed Records; THENCE North 01 degrees 27 minutes 19 seconds West, 10.00 feet along the east line of said Cashon tract to a point for corner; THENCE North 89 degrees 17 minutes 58 seconds Fast, 334.61 feet to the POINT OF BEGINNING and containing 3,346 square feet or 0.077 acres of lanai. FB e Engineering Jones & Boyd, Inc. ■ Surveying s Planning17090 Dallas Parkway, Suite 200 Dallas. Texas 75248 N La ndscape 972.243.7676 office ArchitOCtUre 972_248.1414 fax ■ Construction # I�II43 nnageiTreni r�vvww.jones-boyd.coro CM EXHIBIT A SHEET 2 OF 2 WATER LINE EASEMENT 3,346 S.F./O.077 ACRES N BEARINGS BASED ON DEED TO MF V CHESNEY 65. LP, AS RECORDED IN DOCUMENT NO. 20060522000695470, COLLIN COUNTY DEED RECORDS. ONE LEG ALONG 1 "=100' NORTH LINE HELD AS NORTH 89 DEGREES 19 MINUTES 37 SECONDS LEAST. P.O.C. FM HWY 1461 W1T 'CAP (A VARIABLE WIDTH R.O.W.) S01°27'19"F L3 PAUL G. L11'GHFORD I GLENN DUANE AND AND DANA LlwiIIFORD INANCY ANN CASHOI VOL. 674, K. 855 VOL. 666, PG. 510 15.00 rf it i��::ri����w�i�=��e®.®• L2 't WATER ESMT. (3,346 S.E./ 0.077 ACRES) 30' UPPITY EsMT.:-j CAD. G, PG- 245 REPLAT OF COLLIN GREEN CAB. G, PG,- 24 LOT 16 L01 15 LINE TABLE LINE BEARING DISTANCE L1 S01127'19"E 10.00' L2 S89'17'58"W 334.61' L3 N01'27'19"W 10,00' L4 N 89'17.58"E 334.61' OWNER: GENEVA CA` I -ION VOL. 607, FAG. 400 VOL. 548";, PG. 41 a3 F.B ■ Engineering Jones & Boyd, Inc. ■ Surveying ■ Planning PlanPlanLan 17090 Dallas Parkway, Suite200 Dallas. Texas 75248 ■ sr ape 972.24€3.7678 office Architecture 972.248.1414 fax ■ Construction Managementwww.jones-boyd.com "Notice of Confidentiality rights: If you are a Natural Person, you may remove or strike any of the following information from this instrument before it is filed for record in the Public Records: Your Social Security Number or your Drivers' License Number." AFTER RECORDING, PLEASE RETURN TO: Town of Prosper Attn: Matt Denton, Town Secretary 121 W. Broadway Street P.O. Box 307 Prosper, TX 75078 WATER LINE EASEMENT AND TEMPORARY CONSTRUCTI THE STATE OF TEXAS § § KNOW ALL MEN BY Tli! �'?F7 PRES COUNTY OF COLLIN § z" MEN THAT, Mike Hayes, whether, whether one or ore heeeinafter called "Grantor," for and in consideration of the sum of ONE DOLLAR ($1.00) an her good and valuable consideration to Grantor in hand paid by the TOWN OF PROSPER, T S, a Texas Home Rule Municipal Corporation, hereinafter called "Grante6"; the receipt and sufficiency of which are hereby acknowledged, does GRANT, DEDI T LL -aria CONVEY to the Grantee, the easement and right to construct, reconstruct, operate, alter, locate and perpetually maintain water line facilities, (the "Facilities"), together wRh ali i cidental improvements, and all necessary laterals in, upon and AF across certain real pr erty located l in the Town of Prosper, Collin County, Texas, as more particularly describ xhibit "A", �thich is attached hereto and made a part hereof by reference as if fully set fo ein (t asement Property"). This conveyance also includes a temporary construction aseme as described on Exhibit "A" attached hereto for the purpose of excavation, constructs a ' g of the Facilities within the Easement Property described herein (the ction Easement"). The Temporary Construction Easement granted herein will terminatNand cease upon completion of the construction of the Facilities and acceptance of the Facilities by the Town of Prosper. As part of the grant hereby made, it is agreed between the parties hereto that any stone, earth, gravel or caliche which may be excavated in the opening, construction or maintenance of said easement may be removed from said premises by Grantee. Page 1 TO HAVE AND TO HOLD the same perpetually unto the Grantee, its successors and assigns, together with the right and privilege at all times to enter the Easement Property and/or Temporary Construction Easement, or any part thereof, and with the right of access across GraptbKs adjacent property for ingress and egress to the Easement Property for the purpose f co cting, reconstructing, altering, operating, relocating and maintaining the Facilities, n in ' ental improvements and for making connections therewith. Grantee, its su ssigns, shall have the right to construct, reconstruct and perpetually maintain addition acili s at all times in the future within the Easement Property. Grantee will at all times after doing any work in c ec wit construction, operation or repair of the Facilities, restore the surface of the Ea n# ope nd/or Temporary Construction Easement as close to the condition in which it was foun f re such work was undertaken as is reasonably practicable, except for trees, s s structur s within the Easement Property and/or Temporary Construction Easement th r ve a result of such work. f Grantor does hereby bind1� elf na its s ccessors to WARRANT AND FOREVER DEFEND all and singular the Easement Pr er#v and Temporary Construction Easement unto Grantee its p ry , 0 successors and as , against evy person whomsoever lawfully claiming or to claim the same or any part thereo thro or under Grantor, but not otherwise. Grant e, its s cessors and assigns, shall have the right to construct, reconstruct, alter, operate, rebcate are perpetually maintain additional Facilities at all times in the future within the Ease nt -F ie,V,.s. If Grantee is unable to access the Easement Property and/or Temporary Construct* Easement due to physical barriers or conditions, then the Grantee, its successors and assigns, shall have, and are hereby granted, the right of ingress and egress over that portion of the Grantor's adjacent property within fifteen feet (15) of the Easement Property and/or Temporary Page 2 Construction Easement as is reasonably necessary to and for the limited purpose of accessing the Easement Property and/or Temporary Construction Easement herein granted. There are no liens, attachments, or other encumbrances which will affect the title or right of the Grantor to convey this easement to the Grantee for the purposes as described (erein. If such condition does exist, a signature with acknowledgment shall be included and- naa part this document conveying the rights and privileges contained herein. The easement rights and privileges granted herein are exclusive, d G for covenants that Grantor will not convey any other easement or conflicting rights in the are ered by this grant. This instrument shall not be considered as thereof, and the right is hereby reserved to Grantor, to landscape and build and construct fences, drive% Property or any part assigns, to use such property ociated improvements over or across said easement; provided, however that in no event shall a wall, structure or building of any .0 type other than those previously describe or a) IV pilina: pier or isolated footing of any wall, structure or building be placed directly on 'd Easemeni -Proper# T_ This instrument shall ti a ccv narit running with the land and shall benefit and burden the applicable real pr es desc herein and shall inure to the benefit of, and be binding upon, Grantee and Gran , a eir respective successors or assigns. This i trum ay executed in a number of identical counterparts, each of which shall be deeme o al for II purposes. ual executing this instrument on behalf of the Grantor represents that all appropri nd necessary actions have been taken to authorize the individual who is executing this instrument to do so for and on behalf of the Grantor, that there are no other parties or entities required to execute this instrument in order for the same to be an authorized and binding agreement Page 3 on the Grantor and that the individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. SIGNED my hand this day of , 200_. Mike Hayes By: Name: Title: Address: ACKNOWLEDG THE STATE OF TEXAS COUNTY OF This instrument was acknowledged bc,tcre me on the day of 200_ by Mike Hayes. � s Notary ,Public in and for the .fate ,of Texas F Page 4 JOINDER OF LIENHOLDER The undersigned, being the holder(s) of the liens against a portion of the Easement Property and Temporary Construction Easement evidenced by: Deed of Trust dated recorded under Clerk's File No. from , a Texas , to Truste4, securing payment of one certain promissory note of even date therewith i2the:princip3l amount of $ ,payable to the order of said Note being additionally secured by a Vendor's Lien of even date retaine in -Deed executed by to fit' Ili Texas recorded under Clerk's File No. Nand su pect to all of the terms and conditions and stipulations contained then inc i g but not limited to, any future indebtedness also secured by this lien Ys 7 hereby consents to the execution of the foregoing Water Eas lrient{9nd a es that in the event of a foreclosure of the Easement Property and/or Tempor Ccnstrcct on~- asement or any portion thereof and/or the underlying property or any I tit her of (ur �; .d in lieu thereof), the Water Easement will remain in full force and effect and sha extiF n,W-_her+ by such foreclosure (or deed in lieu thereof). [insert name of lienholder(s)] STATE OF TEXAS COUNTY OF 200 and ed authority, on this day personally appeared _' hel a acknowledged to me he/she executed said instrument for the n therein expressed and in the capacity therein stated. D AND SEAL OF OFFICE this day of Notary Public in and for the State of Texas My Commission Expires: Page 6 EXHIBIT A SHEET 1 OF 2 WATER LINE EASEMENT 8*963 S.F./0.205 ACRES LEGAL DESCRIPTION BEING a tract of land in the Town of Prosper, Collin County, Texas, being a part of the GEORGE HORN SURVEY, ABSTRACT No. 412, and being part of a tract of land conveyed to Mike Hayes as recorded in Volume 5485, Page 4133, Collin County Deed Records, and being further described as follows - COMMENCING at a five —eighths inch iron rod with cap found at the most northerly northwest corner of said Hayes tract, sold point being the northeast corner of a tract of land conveyed to Geneva Cashon as recorded in Volume 607, Page 400, Collin County Deed Records, said point also being in the south fine of Farm---to—Market (FM) Road 1461 (a variable width right—of—way); THENCE South 01 degrees 27 minutes 19 seconds East, 15.00 feet along the west line of said Hayes tract and the east line of said Cashon tract to the POINT OF BEGINNING of this tract of land; THENCE North 89 degrees 26 minutes 50 seconds East, 269.88 feet to a point for corner in east line of said Hayes tract, said point being in the west line of Custer Road (FM 2478) (a 90 foot right—of—way); THENCE along the east line of said Hayes tract and the west line of Custer Road as follows: South 45 degrees 35 minutes 06 seconds Lost, 161.27 feet to a point for corner; South 01 degrees 44 minutes 45 seconds East, 316.23 feet to a one—half inch iron rod with cap found at the southeast corner of said Hayes tract, said point being northeast corner of a tract of land conveyed to Jerry Standerfer as recorded in Volume 2100, Page 59, Collin County Deed Records; THENCE South 89 degrees 26 minutes 50 seconds West, 15.00 feet along the south line of said Hayes tract and the north line of said Standerfer tract to a point for corner; THENCE North 01 degrees 44 minutes 45 seconds West, 317.10 feet to a point for corner; THENCE North 45 degrees 35 minutes 06 seconds West, 145.89 feet to a point for corner; THENCE South 89 degrees 26 minutes 50 seconds West, 265.58 feet to a point for corner in the west line of said Hayes tract, said point being in the east line of said Cashon tract; THENCE North 01 degrees 27 minutes 19 seconds West, 10.00 feet along the west line of said Hayes tract and the east line of said Cashon tract to the POINT OF BEGINNING and containing 8,963 square feet or 0.206 acres of land. ■ Engineering Jones & Boyd, Inc. ' Surveying ■ Planning 17090 Dallas Parkway, Suite 200 Deltas, Texas 7524E 0 Landscape 972.248.7676 office Architecture 972,248.1414 fax ■ Consiructinn Manageniant www.lones-boyd.com M EXHIBIT A SHEET 2 OF 2 WATER UNE EASEMENT 8.963 S.F.%.206 ACRES BEARINGS BASED ON DEED TO MF V CHESNEY 65. LP, AS RECORDED IN DOCUMENT NO. 20060522000695470, COLLIN COUNTY DEED RECORDS. ONE LEG ALONG NORTH LINE HELD AS NORTH 89 DEGREES 19 MINUTES 37 SECONDS EAST. P.O.C. WITH CAP 501'27' 19"E P.O.B. L.8' GENEVA CASHON VOL. 607. PC. 400 i I LOT 14 CLOCK A I REPLAT OF COLLIN GREEN i CAB. G, PG. 245 I I LINE TABLE LINE BEARING DISTANCE L1 N89 26'50"E 269.88' L2 S45'35'060E 161.27' L3 S01' '45" 316. 3' 14 S89-26.50-W 15.00' L5 NOi'44'45"W 317.10' L6 N4635'06"W 145.89' L7 S8926'50"W 1 265.58' L8 NO1'27'19"W 1 10.00' FM HWY 1461 (A VARIABLE WIDTH R.O,W.) L7 WATER ESMT. (8,963 S.F./ \, 0.206 ACRES) i i I I MIKE HAYES VOL. 5485, PG. 413:3 rI C" i 1 JERRY STANDERFER L VOL. 2100, P(-. 59 t /nrif' BATH CAP FB ■ Engineering Jolnes & Boyd, Inc. a surveying ■ Planning 17090 Dallas Parkway, Suite 200 Dallas, Texas 75248 a Landscape 972.248.7676 office Architecture 972.248.1414 fax i Construction Management www Janes-boyd.corn "Notice of Confidentiality rights: If you are a Natural Person, you may remove or strike any of the following information from this instrument before it is filed for record in the Public Records: Your Social Security Number or your Drivers' License Number." AFTER RECORDING, PLEASE RETURN TO: Town of Prosper Attn: Matt Denton, Town Secretary 121 W. Broadway Street P.O. Box 307 Prosper, TX 75078 WATER LINE EASEMENT AND TEMPORARY CONSTRU THE STATE OF TEXAS § § KNOW ALL MEN BY TI SE COUNTY OF COLLIN § THAT, Jerry Standerfer, whether, whether oneA more, her-einafte i called "Grantor," for and in consideration of the sum of ONE DOLLAR ($1.00) a ther good and valuable consideration to Grantor in hand paid by the TOWN OF PROSPER, T S, a Texas Home Rule Municipal Corporation, hereinafter called "Grante6", the receipt and sufficiency of which are hereby acknowledged, does GRANT, DEDnalter, L:and CONVEY to the Grantee, the easement and right to construct, reconstruct, rlocateand perpetually maintain water line facilities, (the "Facilities"), together wKftll iVid e-MMM prove ments, and all necessary laterals in, upon and across certain real pr erty to d in the Town of Prosper, Collin County, Texas, as more AL particularly describ xhibit "A", Which is attached hereto and made a part hereof by reference as if fully set for A -herein (t " asement Property"). This conveyance also includes a temporary construction easement as described on Exhibit "A" attached hereto for the purpose of excavation, constructs w!3d lqy4ng of the Facilities within the Easement Property described herein (the struction Easement"). The Temporary Construction Easement granted herein will terminat d cease upon completion of the construction of the Facilities and acceptance of the Facilities by the Town of Prosper. As part of the grant hereby made, it is agreed between the parties hereto that any stone, earth, gravel or caliche which may be excavated in the opening, construction or maintenance of said easement may be removed from said premises by Grantee. Page 1 TO HAVE AND TO HOLD the same perpetually unto the Grantee, its successors and assigns, together with the right and privilege at all times to enter the Easement Property and/or Temporary Construction Easement, or any part thereof, and with the right of access across Gr adjacent property for ingress and egress to the Easement Property for the purpose ._ f co cting, reconstructing, altering, operating, relocating and maintaining the Facilities, and all in ' ental improvements and for making connections therewith. Grantee, its successors .anti ,assigns; shall have the right to construct, reconstruct and perpetually maintain additional Facilifies at all times in the future within the Easement Property.'0" ®" Grantee will at all times after doing any work in c ec wit construction, operation or repair of the Facilities, restore the surface of the Ea nt ope nd/or Temporary Construction Easement as close to the condition in which it was foun fore such work was undertaken as is reasonably practicable, except for trees, shrubs and structur6s within the Easement Property and/or Temporary Construction Easement that were removed as a result of such work. 9 F Grantor does hereby bi itself [nd its successors to WARRANT AND FOREVER DEFEND all and singular the Easement erty and Temporary Construction Easement unto Grantee, its successors and ass' , against ev person whomsoever lawfully claiming or to claim the same or any part thereof, _.by. thro or under Grantor, but not otherwise. Grantee; its successons and assigns, shall have the right to construct, reconstruct, alter, operate, r cuts anal -"perpetually maintain additional Facilities at all times in the future within the Ease n rty. If Grantee is unable to access the Easement Property and/or Temporary ConstructiV Easement due to physical barriers or conditions, then the Grantee, its successors and assigns, shall have, and are hereby granted, the right of ingress and egress over that portion of the Grantor's adjacent property within fifteen feet (15) of the Easement Property and/or Temporary Page 2 Construction Easement as is reasonably necessary to and for the limited purpose of accessing the Easement Property and/or Temporary Construction Easement herein granted. There are no liens, attachments, or other encumbrances which will affect the title or right of the Grantor to convey this easement to the Grantee for the purposes as described erein. If such condition does exist, a signature with acknowledgment shall be included an a part this document conveying the rights and privileges contained herein. The easement rights and privileges granted herein are i Grantor will not convey any other easement or conflicting rights This instrument shall not be considered as a degd Im jenants that this grant. or any part thereof, and the right is hereby reserved to Grantor, ids siicc, .ssors and'assigns, to use such property to landscape and build and construct fences, driveways apd. 9ther associated improvements over or across said easement; provided, however�{at in no event shall a wall, structure or building of any type other than those previously des eu . r 2ITl pilir�c�, pier or isolated footing of any wall, structure or building be placed directly on d Easenienf Pro"perty. This instrument shall ti a cuvanant running with the land and shall benefit and burden the applicable real pr 0 'es desc herein and shall inure to the benefit of, and be binding upon, Grantee and GranC,4 eir respective successors or assigns. This i trumay executed in a number of identical counterparts, each of which shall be deeme o al for II purposes. vidual executing this instrument on behalf of the Grantor represents that all appropriNUnd necessary actions have been taken to authorize the individual who is executing this instrument to do so for and on behalf of the Grantor, that there are no other parties or entities required to execute this instrument in order for the same to be an authorized and binding agreement Page 3 on the Grantor and that the individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. SIGNED my hand this day of , 200_ Jerry Standerfer By: Name: Title: Address: ACKNOWLE THE STATE OF TEXAS § COUNTY OF § This instrument was acknowledged- :etn�; mp on the day of 200� by Jerry Standerfer. Nota ublic in and for the ate Texas Page 4 JOINDER OF LIENHOLDER The undersigned, being the holder(s) of the liens against a portion of the Easement Property and Temporary Construction Easement evidenced by: Deed of Trust dated recorded under Clerk's File No. from a Texas , to 'Trustek securing payment of one certain promissory note of even date therewith i th^ princip6 amount of $ , payable to the order of __. - _• said Note being additionally secured by a Vendor's Lien of even date retaine-{ in r1eed executed by to Texas recorded under Clerk's File No. AL nd suYject to all of the terms and conditions and stipulations contained then inc i g but not limited to, any future indebtedness also secured by this lierg hereby consents to the execution of the foregoing Water Ea; n�enCMO ag es that in the event of a foreclosure of the Easement Property and/or Tempor Coo;struci,on``'Lasesnent or any portion thereof and/or the underlying property or any portio her of {o!dal in lieu thereof), the Water Easement will remain in full force and effect and sha extik uished by such foreclosure (or deed in lieu thereof). [insert name of lienholder(s)] STATE OF TEXAS COUNTY OF BEFORE ME, purposes and 200_. jft and ed authority, on this day personally appeared hels acknowledged to me he/she executed said instrument for the si tion therein expressed and in the capacity therein stated. GIVEV NDE Y ND AND SEAL OF OFFICE this day of Notary Public in and for the State of Texas My Commission Expires: Page 5 EXHIBIT A SHEET 1 OF 3 WATER LINE EASEMENT 6,867 S.F./4.158 ACRES LEGAL DESCRIPTION BEING a tract of land in the Town of Prosper, Collin County. Texas, being a part of the GEORGE HORN SURVEY, ABSTRACT No. 412, and being part of a tract of land conveyed to Jerry Standerfer as recorded in .Volume 2100, Page, 59, Collin County Deed Records, and being further described as follows: BEGINNING at a one—half inch iron rod with cap found at the, northeast corner of said Standerfer tract, said point being the southeast corner of a tract of and conveyed to Mike Hayes as recorded in Volume 5485, Page 4133, Collin County Deed Records, said point also being in the west line of Custer Road (FNI 2478) (o 90 foot right—of—way); THENCE South 01 degrees 44 minutes 45 seconds East, 1.35.60 feet along the east line of said Standerfer tract and the west line of Custer Road to a point for corner; THENCE South 43 degrees 15 minutes 15 seconds West, 21.21 feet to a point for corner; THENCE South 01 degrees 44 minutes 45 seconds East, 129.92 feet to a point for corner; THENCE South 46 degrees 44 minutes 45 seconds East, 21.21 feet to a point Eer corner in the east line of said Standerfer tract, said point beinq in the west line of Custer Road; THENCE South 01 degrees 44 minutes 45 seconds East, 190.98 feet along the east line of said Standerfer tract and the west line of Custer Road to a paint tier corner; THENCE South 43 degrees 15 minutes 15 seconds West. 21.21 feet to a point for corner; THENCE South 01 degrees 44 minutes 45 seconds East, 5.61 fret to a point for corner in the south line of said Standerfer tract, said point being in the north line of a tract of land conveyed to Rhea's Mill Baptist Church as recorded in Volulne 2100, Page 51, Collin County Deed Records, said point bears South 38 degrees 52 minutes 57 seconds West, 15.00 feet from a one—half inch iron rod found at the southeast corner of said Standerfer tract, said point being the northeast corner of said Rhea's Mill Baptist Church tract; ■ Engineering Jones & Boyd, Inc. ■ sulveyirg ■ P1a111i1tio 17090 Dallas Parkway, yuke� 200 Dallas, Texas 75248 ■ Landscape 972.248.7676 office Architecture 072.248.1414 fax ■ Construction Management www.jones-boyd.com L EXHIBIT A SHEET 2 OF 3 WATER LINE EASEMENT 6,867 S.F./O.158 ACRES LEGAL DESCRIPTION (CONTINUED) THENCE South 88 degrees 52 minutes 57 seconds West, 10.00 feet along the south lire of said Standerfer tract and the north line of Rhea's Mill Baptist Church tract to a point for corner; THENCE North 01 degrees 44 minutes 45 seconds West, 0.64 feet to a print fc-)r corner; THENCE North 43 degrees 15 minutes 15 seconds East, 14.14 feet to o point for .earner; THENCE North 01 degrees 44 minutes 45 seconds West, 102.69 feet to a point for corner; THENCE: North 46 degrees 44 minutes 45 seconds West, 14.14 feet to 0 point for corner, THENCE North 01 degrees 44 minutes 45 seconds West, 138.20 feet to c point for corner; THENCE North 43 degrees 15 minutes 15 seconds East, 14.14 feet to a point for corner. THENCE North 01 degrees 44 minutes 45 seconds West, 136.77 feet to o point for corner in the north line of said Standerfer tract and the south line of said Hayes tract; THENCE North 83 degrees 26 minutes 50 seconds East., 15.00 feet to along the north line of said Standerfer tract and the south line of said Hayes tract to the POINT OF BEGINNING and containing 6,867 square feet or 0.158 acres of land. a Engineering Jones & Boyd, Inc. 0 Surveying ■ Planning Plann Plann 17090 Dallas Parkway, Suite 2.00 Dallas, Texas 75248 a LAndscape 972..248,7676 office Architecture 972.248.1414 fax a Construction wvvvu. Jones-bGyd.corn IVlanagetnent L EXHIBIT A SHEET 3 OF 3 WATER UNE EASEMENT 6,867 S.F./O.158 ACRES BEARINGS BASED ON DEED T4 MF V CHESNEY 65, LP, AS RECORDED IN DOCUMENT NO. 20060522000695470, COLLIN COUNTY DEED RECORDS. ONE LEG ALONG NORTH LINE HELD AS NORTH 89 DEGREES 19 MINUTES 1.._100` 37 SECOND$ EAST, MIKE aAY ES VO', 48�, PG. 4137 LOT 14 LOT 1.3 �I BLOCK A REPLA-r OF � COL LIN GREEN � � JERRY STANDERFER CAB. G, PC. 245 , VOL. 2100, PG, 59 F=W)3 (n LOT 12 I { I LINE TABLE LINE _ BEARING DISTANCE L1 SO1'44'45"E 135.60' L2 S43'15'15"W 21.21' L3 S01'44'45"E 129.92' L4 S4644'45"E 21.21' L5 S01'4445"E 190.98' L6 S43'15'15"W 21.21' L7 S014445"E 5.61, L8 S8852'57"W 10.00, L9 N01'4445W 9.64' L10 N43'15'15" 14.14' L11 N0144'4 " 19 .69' 1-12 N46'4 '45")q 14.14' L13 N0144'45"W 13 .20' L14 N43'15'15'E 14-14' L15 L16 N89'26'50" 15.�, L16 P.O.B. 102'1RF L WTH CAP of ++� 1 L14� 0 �L2 11 ; �0 m WATER ESll4T, L4 � C (6,867 S.F./ I " 0.158 ACRES) � 9 V L 12` f 1 � Cn j� L1 Q ! I oz^IRF La I Y4 1H CAP RHEA'S MILL BAPiiST Ci-lLlRCH L7- i -- VOL. 2100, PG. 51 S88'5"'57"W j • Engineering Jones & Boyd, Inc. ■ Surveying ■ Planning 17090 Dallas Parkway, Suite 200 Dallas, Texas 75248 a Landscape 972.248.7676 office Architcs:ture 977.248.1414 fax ■ Cunstrudon Managemem. wwrw.iones-boyd.com IN "Notice of Confidentiality rights: If you are a Natural Person, you may remove or strike any of the following information from this instrument before it is filed for record in the Public Records: Your Social Security Number or your Drivers' License Number." AFTER RECORDING, PLEASE RETURN TO: Town of Prosper Attn: Matt Denton, Town Secretary 121 W. Broadway Street P.O. Box 307 Prosper, TX 75078 P WATER LINE EASEMENT AND TEMPORARY CONSTRUCTION! EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY TISE PRES COUNTY OF COLLIN §o THAT, Rhea's Mill Baptist Church a Texas cor` oratioNwheter one or more hereinafter called "Grantor," for and in consideration of the sum of ONE bOL AR ($1.00) and other good and valuable consideration to Grantor in hand pail bVthe TOWN OF PROSPER, TEXAS, a Texas Home Rule Municipal Corporation, hereinafter calle:d "Granlec'', the receipt and sufficiency of which are hereby acknowledged, does GRANT EDi!;ATE, SE1.1, and CONVEY to the Grantee, the easement and right to construct, reconstpqt, operate,' alter, relocate and perpetually maintain water line facilities, (the "Facilities"), t e ith " f iiiyi41411�G1 improvements, and all necessary laterals in, upon and across certai al prop located in the Town of Prosper, Collin County, Texas, as more particularly describ xhibit "A"', hich is attached hereto and made a part hereof by reference as if fully set forth -herein (t asement Property"). This conveyance also includes a temporary construction easement -as described on Exhibit "A" attached hereto for the purpose of excavation, constructs anti laying of the Facilities within the Easement Property described herein (the porary construction Easement"). The Temporary Construction Easement granted herein will tef,cnlriat� and cease upon completion of the construction of the Facilities and acceptance of the Facilities by the Town of Prosper. As part of the grant hereby made, it is agreed between the parties hereto that any stone, earth, gravel or caliche which may be excavated in the opening, construction or maintenance of said easement may be removed from said premises by Grantee. Page 1 TO HAVE AND TO HOLD the same perpetually unto the Grantee, its successors and assigns, together with the right and privilege at all times to enter the Easement Property and/or Temporary Construction Easement, or any part thereof, and with the right of access across Gr adjacent property for ingress and egress to the Easement Property for the purpose f co cting, reconstructing, altering, operating, relocating and maintaining the Facilities, n in ' ental improvements and for making connections therewith. Grantee, its su ssigns, shall have the right to construct, reconstruct and perpetually maintain addition acili s at all times in the future within the Easement Property. Grantee will at all times after doing any work in ccilnecticurr wit construction, operation or repair of the Facilities, restore the surface of the Easement *rolae, a`rtd/or Temporary Construction Easement as close to the condition in which it was found' before such work was undertaken as is reasonably practicable, except for trees, shrubs and structur6s within the Easement Property and/or Temporary Construction Easement that were rein d as a result of such work. Grantor does hereby bind itself and its icce: sors to WARRANT AND FOREVER DEFEND all and singular the Easement erty and Temporary Construction Easement unto Grantee, its successors and asNthroor st ev person whomsoever lawfully claiming or to claim the same or any part thereof,bunder Grantor, but not otherwise. Grantee. its s;xc ssnrs and assigns, shall have the right to construct, reconstruct, alter, operate, re-1--efte arr perpetually maintain additional Facilities at all times in the future within the Easement PMJrerty. If Grantee is unable to access the Easement Property and/or Temporary Construc4wf Easement due to physical barriers or conditions, then the Grantee, its successors and assigns, shall have, and are hereby granted, the right of ingress and egress over that portion of the Grantor's adjacent property within fifteen feet (15') of the Easement Property and/or Temporary Page 2 Construction Easement as is reasonably necessary to and for the limited purpose of accessing the Easement Property and/or Temporary Construction Easement herein granted. There are no liens, attachments, or other encumbrances which will affect the title or right of the Grantor to convey this easement to the Grantee for the purposes as described (eore�j_ d.lf such condition does exist, a signature with acknowledgment shall be included andllm' ade-- a part of this document conveying the rights and privileges contained herein. The easement rights and privileges granted herein are exclusive, d Gi`Onfoi covenants that Grantor will not convey any other easement or conflicting rights in the are ered by this grant. This instrument shall not be considered as a degd t0 #"e a nt Property or any part thereof, and the right is hereby reserved to Grantor, its:'succ s.sor and assigns, to use such property to landscape and build and construct fences, driveways an;d other associated improvements over or across said easement; provided, however, that in no event shall a wall, structure or building of any type other than those previously des bed or a',y pHing, pier or isolated footing of any wall, structure or building be placed directly onKid -Easement PropeAv. This instrument shall ti a coveniani running with the land and shall benefit and burden the applicable real pr es desc herein and shall inure to the benefit of, and be binding upon, Grantee and Gran , a eir respective successors or assigns. This i --irurri�DI � � � � executed in a number of identical counterparts, each of which shall be nJ app I for-ai' purposes. ual executing this instrument on behalf of the Grantor represents that all nd necessary actions have been taken to authorize the individual who is executing this instrument to do so for and on behalf of the Grantor, that there are no other parties or entities required to execute this instrument in order for the same to be an authorized and binding agreement Page 3 on the Grantor and that the individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. SIGNED my hand this day of , 200 Rhea's Mill Baptist Church By: Name: Title: Address: �s - .......... NOW ACK!'RO LEDGMENT .1 THE STATE OF TEXAS § COUNTY OF § V This instrument was -aeknow edapd before me on the day of 200_ by its of the a corporation, on behalf of said corporation. d Notary Public in and for the State of Texas Page 4 JOINDER OF LIENHOLDER The Undersigned, being the holder(s) of the liens against a portion of the Easement Property and Temporary Construction Easement evidenced by: Deed of Trust dated recorded under Clerk's File No. from , a Texas , to Trus securing payment of one certain promissory note of even date therewith i th rincip amount of $ payable to the order of said Note being additionally secured by a Vendor's Lien of even date retaine in We executed by to Texas recorded under Clerk's File No. AL Nna—subject to all of the terms and conditions and stipulations contained ther g but not limited to, any future indebtedness also secured by this lien �' hereby consents to the execution of the foregoing Water Eament :anal ag es that in the event of a foreclosure of the Easement Property and/or Tempor CoWni tion 'Easement or any portion thereof and/or the underlying property or any portio her of (cr need in lieu thereof), the Water Easement will remain in full force and effect and sha exti0quished by such foreclosure (or deed in lieu thereof). [insert name of lienholder(s)] STATE OF TEXAS COUNTY OF BEFORE ME, purposes and zao_. GIVE CUNDNEY ma and ed authority, on this day personally appeared _; hel a acknowledged to me he/she executed said instrument for the n therein expressed and in the capacity therein stated. D AND SEAL OF OFFICE this day of Notary Public in and for the State of Texas My Commission Expires: Page 5 EXHIBIT A SHEET 1 OF 3 WATER LINE EASEMENT 3,730 S.F./0,086 ACRES LEGAL DESCRIPTION BEING a tract of land in the Town of Prosper, Collin County, 1'exas, being a part of the GEORGE HORN SURVEY, ABSTRACT No. 412, and being part of a tract of land conveyed to Rhea's Mill Baptist Church as recorded in Volume 2100, page 51, Collin County Deed Records, and being further described as follows: COMMENCING at a one—half inch iron rod with cap found at the northeast corner of said Rhea's Mill Baptist tract, said point being the southeast corner of a tract of land conveyed to Jerry Standerfer as recorded in Volume 2100, Rage 59, Collin County Deed Records, sold point also being in the west line of Custer Road (FIM 2478) (a 90 foot right—of—way); THENCE South 88 degrees 52 minutes 57 seconds West, 15.00 feet along the north line of said Rhea's Mill Baptist tract and the south line of said Standerfer tract to the POINT OF BEGINNING of this tract of land; THENCE South 01 degrees 44 minutes 45 seconds East, 26.96 feet to a point for corner; THENCE South 46 degrees 44 minutes 45 seconds East. 21.21 feet to ca point for corner in the east line of said Rhea's Mill Baptist tract, said point Peeing in the west line of Custer Road; THENCE South 01 degrees 44 minutes 45 seconds Emit, 74.96 feet along the east line of said Rhea's Mill Baptist tract and the west line of Custer Road to a point fur corner; THENCE South 43 degrees 15 minutes 15 seconds West, 14.14 feet to a point for corner; THENCE South 01 degrees 44 minutes 45 seconds East, 32.22 feet to a point for corner; THENCE South 46 degrees 44 minutes 45 seconds East, 14.14 feet to a point for corner In the east line of said Rhea's Mill l3aptist tract and the crest line of Custer Road; s Engineering F.8 Jones & Boyd, Inc. Surveying ■ Planning 17090 Dallas Parkway, Suite 200 Dallas, Texas 75248 ■ Landscape 972.248,7(R6 office Architecture 972.248.1414 fax ■ I:cnstrrrrtion M=rnoagr:nnent www.jones-boyd.corn EXHIBIT A SHEET 2 OF 3 WATER LINE EASEMENT 3,730 S.F, f 0.088 ACRES LEGAL DESCRIPTION (CONTINUED) THENCE South 01 degrees 44 minutes 45 seconds East, 103.04 feet along the west line of Custer Road to a five —eighths inch iron rod found at the southeast corner of said Rhea's Mill Baptist Church tract, said point being the northeast corner of a tract of land conveyed to Joe Wayne Chesney as recorded in Volume 6082, Page 887, Collin County Deed Records; THENCE South 89 degrees 29 minutes 56 seconds West, 15.00 feet along the south line of said Rhea's Mill Baptist Church tract and the north line of said Chesney tract to a point for corner; THENCE North 01 degrees 44 minutes 45 seconds West, 103.57 feet to a point for corner; THENCE North 46 degrees 44 minutes 45 seconds 'Nest, 7.07 feet to a point for corner; THENCE North 01 degrees 44 minutes 45 seconds West, 40.50 feet to a pclint for corner; THENCE North 43 degrees 15 minutes 15 seconds East, 7.07 feet to a point for corner; THENCE North 01 degrees 44 minutes 45 seconds West, 76.67 feet to a point for corner; THENCE North 46 degrees 44 minutes 45 seconds West, 14.14 feet to a paint for carrier; THENCE North 01 degrees 44 minutes 45 seconds West. 31.21 feet to a point for corner in the north line of said Rhea's Mill Baptist Church tract, said point being in the south line of said Standerfer tract; THENCE North 88 degrees 52 minutes 57 seconds East, 10.00 feet along the north line of said Rhea's Mill Baptist Church tract and the south line of said Standerfer tract to the POINT OF BEGINNING and containing 3,730 square feet or 0.086 acres of land. Janes & Boyd, Inc. ■ surveving Planning ■ PIiiCE@9iiiJ 17090 Dallas Parkway, Suite 200 Dallas, Texas 75246 i ape 972.248,7676 office Architecture 972.248.1414 fax a Constnjetion Management www.iones-boyd.com no EXHIBIT A SHEET 3 OF 3 WATER LINE EASEM EN T 3.730 S.F.00.086 ACRES BEARINGS BASED ON DEED TO MF V CHESNEY 65, LP. AS RECORDED IN DOCUMENT NO. 20060522000695470, COLLIN COUNTY DEED RECORDS. ONE LEG ALONG NORTH LINE HELD AS NORTH 89 DEGREES 19 MINUTES 1 = 10�' 37 SECONDS EAST. �t 10' UTILITY ESMT._._..i I CAR. G. PG. 24S � } LOT 12, F3L.0CK A S REPLAT OF COLLIN GR EN CAB, G , PG. 245 ; LOT 11, BLOCK A LINE TABLE LINE BEARING DISTANCE Lt S0144"45"E 6. 6' L'2 S4644'45"E 21.21' L3 S01'44'45"E 74.96' L4 S43`I5'15"W 14.14' L5 SO1 44' 5"E 32.22' L6 S46"44'45"E 14.14' 17 S01'44'45"E 103.04' L8 S89'2 '56"W 15.00' L9 N01'44'45" 103.57'. L10 N4644'45" 7.07' L11 N0144'45°W 40.50' L12 N ' L13 NOV44450W _ _ 7G_ L14 N4644'45"W 14.147 L15 _ N01 `44'45"W 31. 1' L16 N88'52'57"E 10.00' z Li1=F;F?Y STANDERFLER S83'52'57"W # 5.00` VOL. 2100, PG. 59 P.O.®. L16\\ ' P.O.C. WH CAP �L.1 5 .-L 'L2bn L-14 o� RHEA'S MILL BAPTIST CHURCH �,I jUi -npi Va., 2100, lei}. `51 U ;a L1 2, �-L a L11—I -L5 v O WATER ESMT. `Lei ' C (3,730 S.F./ L10`' � 0.086 ACRES) r-V I co w, ill CAP JOE WAYN(;' CHF SNEY VOL. 6082, PG. 887 p B Jones & Boyd, Inc. 17090 Dallas Parkway, Suite 200 Dallas, Texas 75248 9'12.248.7676 office 972.24R.1414 fax www.jones-boyd.com ■ Engineering ■ Surveong • planning ■ Landscape {fir#; h iteeture iVlar�a�jee,e�at "Notice of Confidentiality rights: If you are a Natural Person, you may remove or strike any of the following information from this instrument before it is filed for record in the Public Records: Your Social Security Number or your Drivers' License Number." AFTER RECORDING, PLEASE RETURN TO: Town of Prosper Attn: Matt Denton, Town Secretary 121 W. Broadway Street P.O. Box 307 Prosper, TX 75078 WATER LINE EASEMENT AND TEMPORARY CONSTRUCTI THE STATE OF TEXAS § COUNTY OF COLLIN § KNOW ALL MEN BY T{?E In MEN 5 THAT, Joe Chesney, whether, whether one or or hei inafter called "Grantor," for and in consideration of the sum of ONE DOLLAR ($1.00) an her go6d and valuable consideration to Grantor in hand paid by the TOWN OF 'PROSPER, T S, a Texas Home Rule Municipal Corporation, hereinafter called "Granteei", the receipt and sufficiency of which are hereby acknowledged, does GRANT, DEDI T LL and CONVEY to the Grantee, the easement and right to construct, reconstruct, operate, alter, locate and perpetually maintain water line facilities, (the "Facilities"), together wkh ait i identu; ;; I�I V�Y I I IVI Iw, and all necessary laterals in, upon and across certain real pr erty loc;ME d in the Town of Prosper, Collin County, Texas, as more particularly des( ib xhibit "A", hich is attached hereto and made a part hereof by reference as if fully set fo ein (t asement Property"). This conveyance also includes a temporary construction aseme as described on Exhibit "A" attached hereto for the purpose of excavation, constructs la ' g of the Facilities within the Easement Property described herein (the struction Easement"). The Temporary Construction Easement granted herein will terminat d cease upon completion of the construction of the Facilities and acceptance of the Facilities by the Town of Prosper. As part of the grant hereby made, it is agreed between the parties hereto that any stone, earth, gravel or caliche which may be excavated in the opening, construction or maintenance of said easement may be removed from said premises by Grantee. Page 1 TO HAVE AND TO HOLD the same perpetually unto the Grantee, its successors and assigns, together with the right and privilege at all times to enter the Easement Property and/or Temporary Construction Easement, or any part thereof, and with the right of access across Gr adjacent property for ingress and egress to the Easement Property for the purpose f co cting, reconstructing, altering, operating, relocating and maintaining the Facilities, n in ' ental improvements and for making connections therewith. Grantee, its suvc essors,_ and ass;,ins, shall have the right to construct, reconstruct and perpetually maintain additional- acitrt_ies at all times in the future within the Easement Property. 3 Grantee will at all times after doing any work in ca�w-iec.aion wit construction, operation or repair of the Facilities, restore the surface of the Ease bent' ropes � and/cr Temporary Construction Easement as close to the condition in which it was found before such work was undertaken as is reasonably practicable, except for trees, shrubs and structur6s within the Easement Property and/or Temporary Construction Easement that were removed as a result of such work. Grantor does hereby bind itself aria` its ccessors to WARRANT AND FOREVER DEFEND all and singular the Easement rroperty and Temporary Construction Easement unto Grantee, its successors and as , against eve.;- person whomsoever lawfully claiming or to claim the same or any part thereo thro or under Grantor, but not otherwise. Grant e, its s cessors and assigns, shall have the right to construct, reconstruct, alter, operate, relocate perpetually maintain additional Facilities at all times in the future within the Easeawnt ff op N. If Grantee is unable to access the Easement Property and/or Temporary Constructs Easement due to physical barriers or conditions, then the Grantee, its successors and assigns, shall have, and are hereby granted, the right of ingress and egress over that portion of the Grantor's adjacent property within fifteen feet (15) of the Easement Property and/or Temporary Page 2 Construction Easement as is reasonably necessary to and for the limited purpose of accessing the Easement Property andlor Temporary Construction Easement herein granted. There are no liens, attachments, or other encumbrances which will affect the title or right of the Grantor to convey this easement to the Grantee for the purposes as described erein. If such condition does exist, a signature with acknowledgment shall be included an a part JI this document conveying the rights and privileges contained herein. The easement rights and privileges granted herein are exclusive, d Gitor covenants that Grantor will not convey any other easement or conflicting rights in the are ered by this grant. This instrument shall not be considered as a de he a nt Property or any part thereof, and the right is hereby reserved to Grantor, i cc sors assigns, to use such property to landscape and build and construct fences, driveways er associated improvements over or across said easement; provided, however, that in no event shall a wall, structure or building of any type other than those previously described 'or a: iy" piling., pier or isolated footing of any wall, structure or building be placed directly on 'd aseme' nt Property. This instrument shall ti a coveiiant running with the land and shall benefit and burden the applicable real pr es desc herein and shall inure to the benefit of, and be binding upon, Grantee and Gran , a eir respective successors or assigns. This i trum ay executed in a number of identical counterparts, each of which shall be deemed -n o ' al for II purposes. x .l.he- individual executing this instrument on behalf of the Grantor represents that all appropriate and necessary actions have been taken to authorize the individual who is executing this instrument to do so for and on behalf of the Grantor, that there are no other parties or entities required to execute this instrument in order for the same to be an authorized and binding agreement Page 3 on the Grantor and that the individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. SIGNED my hand this day of , 200. Joe Chesney By: Name: Title: Address: ACKNOWLEDGM THE STATE OF TEXAS COUNTY OF FA This instrument was acknowledged '-fore rate on the day of , 200_ by Joe Chesney. Nota ublic in and for the ate Texas Page 4 JOINDER OF LIENHOLDER The undersigned, being the holder(s) of the liens against a portion of the Easement Property and Temporary Construction Easement evidenced by: Deed of Trust dated from , a Texas recorded under Clerk's File No. securing payment of one certain promissory note amount of $ , payable to the c Note being additionally secured by a Vendor's to Trustee, of even date therewith it th- principal rder of ; said Lien of even date retained in Deed executed by to ,. .a Texas recorded under Clerk's File No. , and subject to all of the terms and conditions and stipulations contained therel%Linclu in, but not limited to, any future indebtedness also secured by this lien ir hereby consents to the execution of the foregoing Water Easement and a es that in the event of a foreclosure of the Easement Property and/or TempConstruction Easement or any portion thereof and/or the underlying property or any porno her of (or deed in lieu thereof), the Water Easement will remain in full force and effect and sha extipguished by such foreclosure (or deed in lieu thereof). [insert name of lienholder(s)] STATE OF TEXAS COUNTY OF BEFORE ME, purposes and 200_. GIVE UNDE Y and ' ed authority, on this day personally appeared _; hel a acknowledged to me he/she executed said instrument for the n therein expressed and in the capacity therein stated. D AND SEAL OF OFFICE this day of Notary Public in and for the State of Texas My Commission Expires: Page 5 EXHIBIT A SHEET 1 OF 2 WATER LINE EASEMENT 5,052 S.F./0.116 ACRES LEGAL DESCRIPTION BEING a tract of land in the Town of Prosper, Collin County, Texas, being a part of the GEORGE HORN SURVEY, ABSTRACT No. 412. and being part of a tract of land conveyed to Joe Wayne Chesney as recorded in Volume 6082, Page 887, Collin County Deed Records, and being further described as follows: BEGINNING at a five --eighths inch iron with cap found at the northeast corner of said Chesney tract, said point being the southeast corner of a tract of land conveyed to Rhea's Mill Baptist Church as recorded in Volume 2100, Page 51, Collin County Deed Records, said point also being in the west line of Custer Road (FM 2478) (a 90 foot right—of—way); THENCE South 01 degrees 44 minutes 45 seconds East, 336.79 feet along the west line of Custer Road to a five --eighths inch iron rod found at the southeast corner of said Chesney tract, said point being the northeast corner of part of a 65 acre tract of land conveyed to MF V Chesney 65, LP, as recorded in Document Number 20060522000695470, Collin County Deed Records; THENCE South 89 degrees 19 minutes 37 seconds West, 15.00 feet along the south line of said Chesney tract and the north line of said 65 acre tract to a point for corner; THENCE North 01 degrees 44 minutes 45 seconds West, 336.83 feet to a point for corner in the north line of said Chesney tract, said point being in the south line of said Rhea's Mill Baptist Church tract; THENCE. North 89 degrees 29 minutes 56 seconds East, 15.00 feet along the north line of said Chesney tract and the south line of said Rhea's Mill Soptist Church tract to the POINT OF BEGINNING and containing 5,052 square feet or 0.116 acres of land. ■ Engineering Jones & Boyd, Inc. Surveying � Planning PlanPlannn ng 17090 Dellas Parkway, Suite: 2000 Land cape Dallas, Texas 75248 e 972.246.7676 office 972.243.1414 fax • Cons ructi in MarlaQBiTI[:nt www.jones-boyd.com EXHIBIT A SHEET 2 OF 2 WATER LINE EASEMENT 5,052 S.F./O.116 ACRES BEARINGS BASED ON DEED TO GAF V CHESNEY 65. LP. AS RECORDED IN DOCUMENT NO. 20060522000695470. COLLIN COUNTY DEED RECORDS. ONE LEG ALONG 1 100' NORTH UNE HELD AS NORTH 89 DEGREES 19 MINUTES 37 SECONDS EAST. RHEA'S MILL BAP-IFISr CHORCH VOL, 2100, PG. 51 1-4 P.O.B. ............. wDi CAP > 0 JOE WAYINE CHESNEY -q M VOL, 6082. PG, 887 LINE TABLE LINE BEARING DISTANCE WATER ESIMT. :g 5 *4445"E- Ll S01 336.79' / (5,052 S.F.1A0. L2 S89'1 9'37"W 15.00' 116 ACRES)-----* L.3 N01'44'45"W 336.83' 1 N89*29*56"E 1 15,001-1 q 0 < L2 FUTURE CHRISTIE SLOCK A FARMS, PHASE 1 MF V CHESNEtY 65, LIP, DOC. # 20060522OOO695470 37 :BAN JUAN AVENUE, r.A,0Jj, - F - F3LOCK G, LOT I F B Jones& Boyd, Inc. 17090 Dallas Parkway, Suite 200 Dallas, Texas 75248 972.248.7676 office 972,248,1414 fax www.iones-boyd.com 5/6-IRF • Engineering • Surveying • Planning • Landscape Architecture • Construction Management iff "Notice of Confidentiality rights: If you are a Natural Person, you may remove or strike any of the following information from this instrument before it is fled for record in the Public Records: Your Social Security Number or your Drivers' License Number." AFTER RECORDING, PLEASE RETURN TO: Town of Prosper Attn: Matt Denton, Town Secretary 121 W. Broadway Street P.O. Box 307 Prosper, TX 75078 WATER LINE EASEMENT AND TEMPORARY CONSTRUCTIQNEMASE N THE STATE OF TEXAS § § KNOW ALL MEN BY T:SE PRES COUNTY OF COLLIN § P THAT, Welding Supply and Supply Inc., a ex s corporation, whether one or more, hereinafter called "Grantor," for and in consideration of sum of "6NE DOLLAR ($1.00) and other good and valuable consideration to Grantor ;n hand, paid b e TOWN OF PROSPER, TEXAS, a Texas Home Rule Municipal Corporation, herein fte, called "Grantee", the receipt and sufficiency of which are hereby acknowledged, do G , DEDICATE, SELL and CONVEY to the Grantee, the easement and right to construct,�ec stf=t, erate, alter, relocate and perpetually maintain water line facilities, (the "Facilities';, together with ul! incidental improvements, and all necessary laterals in, upon and across certai al property located in the Town of Prosper, Collin County, Texas, as more particularly describ xhibit "A", ich is attached hereto and made a part hereof by reference as if fully set forth eF;-:�ln (t asement Property"). This conveyance also includes a temporary construction easemeria fis described on Exhibit "A" attached hereto for the purpose of excavation, constructs "fid laying of the Facilities within the Easement Property described herein (the struction Easement"). The Temporary Construction Easement granted herein will terminatNwand cease upon completion of the construction of the Facilities and acceptance of the Facilities by the Town of Prosper. As part of the grant hereby made, it is agreed between the parties hereto that any stone, earth, gravel or caliche which may be excavated in the opening, construction or maintenance of said easement may be removed from said premises by Grantee. Page 1 TO HAVE AND TO HOLD the same perpetually unto the Grantee, its successors and assigns, together with the right and privilege at all times to enter the Easement Property and/or Temporary Construction Easement, or any part thereof, and with the right of access across GraWKs adjacent property for ingress and egress to the Easement Property for the purpose f co cting, A( reconstructing, altering, operating, relocating and maintaining the Facilities, @nd all in � ental improvements and for making connections therewith. Grantee, its su cessor and -assigns, shall have the right to construct, reconstruct and perpetually maintain addition acils at all times in the future within the Easement Property. Grantee will at all times after doing any work in repair of the Facilities, restore the surface of the Easement as close to the condition in which it was fo reasonably practicable, except for trees, sh.l-ubs and structu wit construction, operation or D)pe ndlor Temporary Construction such work was undertaken as is within the Easement Property and/or a Temporary Construction Easement that were removed as a result of such work. B Grantor does hereby bind itself end its successors to WARRANT AND FOREVER DEFEND all and singular the Easement Pro rar(v and Temporary Construction Easement unto Grantee, its 4 successors and ass' , against evry person whomsoever lawfully claiming or to claim the same or any part thereof -by, thro or under Grantor, but not otherwise. Joe Grantee, its successors and assigns, shall have the right to construct, reconstruct, alter, operate, relocate and perpetually maintain additional Facilities at all times in the future within the Easement -P;cre; . If Grantee is unable to access the Easement Property and/or Temporary Construction{ Easement due to physical barriers or conditions, then the Grantee, its successors and assigns, shall have, and are hereby granted, the right of ingress and egress over that portion of the Grantor's adjacent property within fifteen feet (15') of the Easement Property and/or Temporary Page 2 Construction Easement as is reasonably necessary to and for the limited purpose of accessing the Easement Property and/or Temporary Construction Easement herein granted. There are no liens, attachments, or other encumbrances which will affect the title or right of the Grantor to convey this easement to the Grantee for the purposes as described (erein. If such condition does exist, a signature with acknowledgment shall be included and" aa part this document conveying the rights and privileges contained herein. The easement rights and privileges granted herein are excl Grantor will not convey any other easement or conflicting rights This instrument shall not be considered as a thereof, and the right is hereby reserved to Grantor, to landscape and build and construct fences, driveways r covenants that by this grant. nt Property or any part assigns, to use such property r associated improvements over or across said easement; provided, however that ih no event shall a wall, structure or building of any type other than those previously described -of arrr piling; pier or isolated footing of any wall, structure f or building be placed directly on d �--ernent Property. This instrument shall ti a coveriant running with the land and shall benefit and burden 4 the applicable real pr es desc herein and shall inure to the benefit of, and be binding upon, Grantee and Gran , a eir respective successors or assigns. This i trum ay executed in a number of identical counterparts, each of which shall be deeme Nal for II purposes. executing this instrument on behalf of the Grantor represents that all appropri nd necessary actions have been taken to authorize the individual who is executing this instrument to do so for and on behalf of the Grantor, that there are no other parties or entities required to execute this instrument in order for the same to be an authorized and binding agreement Page 3 on the Grantor and that the individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. By: Name: Title: Address: THE STATE OF TEXAS § ACI,(NO LED MENT COUNTY OF § a This instrument was -a--kr)o iedged before me on the day of 200_ by its of the a corporation; on behalf of said corporation. Notary Public in and for the State of Texas Page 4 JOINDER OF LIENHOLDER The undersigned, being the holder(s) of the liens against a portion of the Easement Property and Temporary Construction Easement evidenced by: Deed of Trust dated recorded under Clerk's File No. lek from , a Texas , toi(Truqag. securing payment of one certain promissory note of even date therewith i2 the principal amount of $ , payable to the order of I „; said Note being additionally secured by a Vendor's Lien of even date_ retaine in�Deed; executed by to recorded under Clerk's File No. all of the terms and conditions and stipulations contained limited to, any future indebtedness also secured by this lieUK mm&Texas d su ject to Jim but not ' � hereby consents to the execution of the foregoing Water E-Sement - .rid agAes that in the event of a foreclosure of the Easement Property and/or Tempor Ccnstruc ior) Easement or any portion thereof and/or the underlying property or any portio her of (or derma in lieu thereof), the Water Easement will remain in full force and effect and sha extiy gpiisl pr? by such foreclosure (or deed in lieu thereof). [insert name of lienholder(s)] STATE OF TEXAS COUNTY OF BEFORE ME, purposes and 200_. GIVE CUNDNEY and ed authority, on this day personally appeared _; he/ a acknowledged to me he/she executed said instrument for the n therein expressed and in the capacity therein stated. ND AND SEAL OF OFFICE this day of , Notary Public in and for the State of Texas My Commission Expires: Page 5 EXHIBIT A SHEET i OF 2 WATER LINE EASEMENT 2,072 S.F./0.048 ACRES LEGAL DESCRIPTION BEING a tract of land in the Town of Prosper,. Collin County, Texas, being a part of the GEORGE HORN SURVEY, ABSTRACT No. 412, and being part of a 1.287 acre tract of lard conveyed to Welding Service and Supply Inc. as recorded in Document dumber 20060524000706960, Collin County Deed Records, and being further described as follows: COMMENCING at a one—half inch iron rod found at the northeast corner of said 1.287 acre tract, said point being the most easterly southeast corner of part of a 65 acre tract of land conveyed to MF V Chesney 65, LP, as recorded in Document Number 20060522000695470, Collin County Deed Records, sold point being in the west line of Custer Road (FM 2478) (a 90 foot right—of—way); THENCE South 89 degrees 05 minutes 44 seconds West, 15.63 feet along the north line of said 1.287 acre tract and the POINT OF BEGINNING of this tract of land; THENCE South 17 degrees 15 minutes 02 seconds East, 102.61 feet to a point for corner; THENCE Southeasterly, 104.61 feet along a curve to the right having sa central tangle of 04 degrees 22 minutes 02 seconds, a radius of 1372,39 feet, a tangent of 52.33 feet, and whose chord bears South 15 degrees 04 minutes 01 seconds Eaast, 104.58 feet to a point for corner in the south line of sold 1.287 arse tract, said point being in the north line of Lot 46, Block A, Rhea Mills Estates, an addition to the Town of Prosper as recorded in Cabinet F, Page 753, Collin County Plat Records; THENCE South 88 degrees 59 minutes 13 seconds West, 10.22 feet along (lie south line of said 1.287 acre tract and the north line of said Lot 46 to a point for corner; THENCE Northwesterly, 101.74 feet along a curve to the left having a central angle of 04 degrees 16 minutes 44 seconds, c radius of 1362.39 feet, a tangent of 50.89 feet, and whose chord bears North 15 degrees 06 minutes 40 seconds West, 101.72 feet to a point for corner; THENCE North 17 degrees 15 minutes 02 seconds West, 105.54 feet to o paint for corner in the north line of said 1.287 acre tract: THENCE North 89 degrees 05 minutes 44 seconds East, 10.42 feet along the north line of said 1.287 acre tract and the POINT OF BEGINNING and containing 2,072 Z quare feet or 0.048 acres of land. ■ Engineering F,B Jones & Boyd, Inc. a s�irv�y�f;q s Planning 17090 Dallas Parkway, Site M a Landscape Dallas. Texas 75248 e 972.24B.7676 office 972.248.1414 fax 0 Construction SCALE: CALE DATE 4RAwl PROJECT Management "-1�:r 5--22-07 M1?A_ MODD11-r=sMT www.jones-boVd.com -wF9(0s)JDWG EXHIBIT A SHEET 2 OF 2 WATER LINE EASEMENT 2,072 S.F./0.048 ACRES N BEARINGS BASED ON DEED TO MF V CHESNEY 65, LP, AS RECORDED IN DOCUMENT NO. 20060522000695470, COLLIN COUNTY DEED RECORDS. ONE LEG ALONG NORTH LINE HELD AS NORTH 89 DEGREES 19 MINUTES 1 "T 9 00' 37 SECONDS EAST. r�l J :x> C. 71 I-ff l`i"ilF~ 1� S89'05'44"F es,rf> syy� 1 AJ.63' T1 r1 FUTURE C FARM, PHASE 1 Y f DOC. # 200605220006554'70 1.O-r 1, BLOCK A P.O.B. � �` t 11 �` 0WELDING SERVICE f AND S1 PFILY f_U DOC ISO. 2006 Va WATER ESMT, o-\A (2,072 S.f=./ 0.048 ACRES) 1 Y 1 d F' . 2' RIL€f:.A Mll..l.:a L-.S A II`�= I 1-01* 4 CURVE TABLE NO. DELTA I RADIUS I LENGTH TANGENT CHORD BEARING CHORD BLOCK '` � C1 4'22'02p 111372.391 104.61' 1 52.33' S15'04'01 "E 104.58' C2 4'1 '44° 1362.38' 101.7,V I S0.89' I N15'06'40'W 101.72' LIME' TABLE LINE BEARING DISTANCE L1 S17i 5'02"E 102..61' L2 SS m' 3"W 10.2 ' L3 1 "15'0 " ' L4 N 9' �'WE 10.42' e FB ■ Engineering Jones & Boyd, Inc. a Surveying a Planning �I�nnPlann ng 17090 Dallas Parkway, SURF, 200 Dallas, Texas 75248 ■ Landscape 9'12.2483676 office eture 472.2491414 fax ■ Construction www.jones-boyd.com M�naslerr4errl "Notice of Confidentiality rights: If you are a Natural Person, you may remove or strike any of the following information from this instrument before it is filed for record in. the Public Records: Your Social Security Number or your Drivers' License Number." AFTER RECORDING, PLEASE RETURN TO: Town of Prosper Attn: Matt Denton, Town Secretary 121 W. Broadway Street P.O. Box 307 Prosper, TX 75078 WATER LINE EASEMENT AND TEMPORARY CONSTRUCTI SE N THE STATE OF TEXAS § § KNOW ALL MEN BY TjtSE PRES COUNTY OF COLLIN § THAT, Richard and Vicie . McCabe, whethe . wN'17 or more, hereinafter called "Grantor," for and in consideration of the sum of ONE D AR ($I.00) and other good and valuable consideration to Grantor in hand paid by the TOWN OF P PER, TEXAS, a Texas Home Rule Municipal Corporation, hereinafter called `vrantee", the receipt and sufficiency of which are hereby acknowledged;,: does GRANT, DEDI QHTE, ,-SELL and CONVEY to the Grantee, the easement and right to construct, reconstruct, ear sty, alter, refocate and perpetually maintain water line facilities, (the "Facilities"); together, with all deg ALµ? imNj V Yeme^LV, and all necessary laterels''1 , upon and across certain real pjp4kerty located in the Town of Prosper, Collin County, Texas, as more particularly describ xhibit "A", hich is attached .here#o.and made a: part hereof by reference as if fully set fo�n 'h rein (t " asement Property"). This conveyance also includes a temporary construction easement as described on Exhibit "A". attached hereto for the purpose of excavation, constructs +7ct lay ig of the Facilities within the Easement Property described herein (the on Easement"). The Temporary Construction Easement granted herein will terminatkand cease upon completion of the construction of the Facilities and acceptance of the Facilities by the Town of Prosper. As part of the grant hereby made, it is agreed between the parties hereto that any stone, earth, gravel or caliche which may be excavated in the opening, construction or maintenance of said easement may be removed from said premises by Grantee. Page 1 TO HAVE AND TO HOLD the same perpetually unto the Grantee, its successors and assigns, together with the right and privilege at all times to enter the Easement Property and/or Temporary Construction Easement, or any part thereof, and with the right of access across GraQAKs adjacent property for ingress and egress to the Easement Property for the purpose f co cting, Y reconstructing, altering, operating, relocating and maintaining the Facilities, glld ail in. ' ental improvements and for making connections therewith. Grantee, its s � cessers, Arid assigns, shall have the right to construct, reconstruct and perpetually maintain additional Fac;Mties at all times in the future within the Easement Property. Grantee will at all times after doing any work in corinec_ kio n wit construction, operation or repair of the Facilities, restore the surface of the East,"ne t roper`yr and/or Temporary Construction X" Easement as close to the condition in which it was found before such work was undertaken as is reasonably practicable, except for trees, shrubs and structur6s within the Easement Property and/or Temporary Construction Easement that were rerrioved a;; a result of such work. Grantor does hereby bi itself and its s 'ccessors to WARRANT AND FOREVER DEFEND all and singular the Easement erty and Temporary Construction Easement unto Grantee, its successors and ass' , against ev person whomsoever lawfully claiming or to claim the same or any part thereo thro or under Grantor, but not otherwise. Grant e, its s. cessors and assigns, shall have the right to construct, reconstruct, alter, operate, Nocale ..and perpetually maintain additional Facilities at all times in the future within the Easement P;.ope, �;,. If Grantee is unable to access the Easement Property and/or Temporary Constructi t Easement due to physical barriers or conditions, then the Grantee, its successors and assigns, shall have, and are hereby granted, the right of ingress and egress over that portion of the Grantor's adjacent property within fifteen feet (15') of the Easement Property and/or Temporary Page 2 Construction Easement as is reasonably necessary to and for the limited purpose of accessing the Easement Property and/or Temporary Construction Easement herein granted. There are no liens, attachments, or other encumbrances which will affect the title or right of the Grantor to convey this easement to the Grantee for the purposes as described erein. If such condition does exist, a signature with acknowledgment shall be included an a part this document conveying the rights and privileges contained herein. The easement rights and privileges granted herein are exclusiie, d Gitor covenants that Grantor will not convey any other easement or conflicting rights in the are erect by this grant. This instrument shall not be considered as a deqd to the e nt Property or any part thereof, and the right is hereby reserved to Grantor, i!:i successors and assigns, to use such property to landscape and build and construct fences, driveways artd other associated improvements over or across said easement; provided, however, that iJ no event shall a wall, structure or building of any type other than those previously described or any, piling; pier or isolated footing of any wall, structure or building be placed directly on jkid basement Property. AV This instrument shall Vdesc a cove grit running with the land and shall benefit and burden the applicable real pro 'es herein and shall inure to the benefit of, and be binding upon, AML Grantee and Grairiffir, a heir respective successors or assigns. This i trum ay executed in a number of identical counterparts, each of which shall be deeme Nvidual for II purposes. executing this instrument on behalf of the Grantor represents that all appropriAV,and necessary actions have been taken to authorize the individual who is executing this instrument to do so for and on behalf of the Grantor, that there are no other parties or entities required to execute this instrument in order for the same to be an authorized and binding agreement Page 3 on the Grantor and that the individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. SIGNED my hand this day of , 200_. Richard McCabe By: Name: Title: Address: Vicie McCabe By: Name: Title: Address: THE STATE OF TEXAS § Vicie McCabe. ACKNOWLEDGMENT f Notary Public in and for the State of Texas , 200_ by , 200_ by Page 4 JOINDER OF LIENHOLDER The undersigned, being the holder(s) of the liens against a portion of the Easement Property and Temporary Construction Easement evidenced by: Deed of Trust dated recorded under Clerk's File No. from , a Texas , to Trustef. securing payment of one certain promissory note of even date therewith i th?, rprincua? amount of $ , payable to the order of —; said Note being additionally secured by a Vendor's Lien of even date retaine in need, executed by to recorded under Clerk's File No. all of the terms and conditions and stipulations contained limited to, any future indebtedness also secured by this lien Texas nd suSect to Wirta but not hereby consents to the execution of the foregoing Water E n e- n1., :-j-id a es that in the event of a foreclosure of the Easement Property and/or TempoLi^ Censf; uc±ion Easement or any portion thereof and/or the underlying property or any portio he of (oi- deecf in lieu thereof), the Water Easement will remain in full force and effect and sha3V extinguished by such foreclosure (or deed in lieu thereof). [insert name of lienholder(s)] STATE OF TEXAS COUNTY OF BEFORE ME, and ed authority, on this day personally appeared _; he/ a acknowledged to me he/she executed said instrument for the n therein expressed and in the capacity therein stated. ND AND SEAL OF OFFICE this day of Notary Public in and for the State of Texas My Commission Expires: Page 5 EXHIBIT A SHEET 1 OF 2 WATER LINE EASEMENT 3,180 S.F./0.073 ACRES LEGAL DESCRIPTION BEING a tract of land in the Town of Prosper, Collin County, Texas, being a part of the GEORGE HORN SURVEY, ABSTRACT No. 412, and being part. of Lot 46, Block A, Rhea Dills Estates, an addition to the Town of Prosper as recorded in Cabinet F. Page 753, Collin County Plot Records, and being further described as follow!;: COMMENCING at a one --half inch iron rod found at the northeast corner of sold Lot 46, said point being the southeast corner of a 1.287 acre tract of lond conveyed to Welding Service and Supply Inc. as recorded in Document Number 20060524000706960, Collin County Deed Records, THENCE South 88 degrees 59 minutes 13 seconds West, 15.32 feet along the north line of said Lot 46 and the south line of said 1.287 acre tract to the POINT OF BEGINNING of this tract of land; THENCE Southeasterly, 279.05 feet along a curve to the right having a central angle of 11 degrees 39 minutes 00 seconds, a radius of 1372,39 feat, a tangent of 140.01 feet, and whose chord bears South 07 degrees 03 minutes 30 seconds East, 278.57 feet to a point for corner; THENCE South 01 degrees 14 minutes 47 seconds East, 38.91 feet to a point for corner in the south line of said Lot 46, said point being in the north line of Rhea Mills Circle (a 60 foot right—of—way); THENCE South 88 degrees 59 minutes 13 seconds West, 10.00 feet along the south line of said Lot 46 and the north line of Rhea Mills Circle to a point for ernes; THENCE North 01 degrees 14 minutes 47 seconds West, 38.87 feet to a Point for corner; THENCE Northwesterly, 279.12 feet along a curve to the left having a co-ntra3 nnryle, of 11 degrees 44 minutes 19 seconds, a radius of 1362.39 feet, a tangent of '140.05 feet, and whose chord bears North 07 degrees 06 mimttes 09 seconds West, 278.63 feet to a point for corner in the north line of said Lot 46, said point being in the south line of said 1.287 acre tract; THENCE North 88 degrees 59 minutes 13 seconds East, 10.22 feet along the north line of said Lot 46 and the south line of said 1.287 acre tract to the POINT OF BEGINNING and containing 3,180 square feet or 0.073 acres of land. ■ Engineoring Jones & Boyd, Inc. ■ Survoying ■ Planning ring 17090 Dallas Parkway, Suite 200 Dallas, Texas 75246 f Landscape 972.248.7676 office Architecture 972.248.1414 fax N Construction Management www,iones-boyd.com W. EXHIBIT A SHEET 2 OF 2 WATER LINE EASEMENT 3,180 S.F./O.073 ACRES BEARINGS BASED ON DEED TO MF V CHESNEY 65, LP. AS RECORDED IN DOCUMENT NO. 20060522000695470, COLLIN COUNTY DEED RECORDS. ONE LEG ALONG NORTH LINE HELD AS NORTH 89 DEGREES 19 MINUTES I "a100' 37 SECONDS EAST. I WELDING SERVICE > I AND SUPPLY INC. DOC. NO. 2006-- L.GT 'BLOCK A � 0524000706960 I-U1URF C°HRIS fIF FARMS, PHASE 1 j p.®.�. MI° V CHESIXI Y 65. LP, DOS,. # 20060522000695470 L4- � r c-h f. O.V. i'••. 4C h RHEA MILLS ESTATES CABINET I" F. PG. 73 42 i-OT r-1 ^- 'IMF LOT a" w o U) l 1, i I WATER ESM-T. 1 Cc)i 1(13,180 S.F.: '---Ael 1 0 '. I ' .073 ACRES) 11 1 1 9 CURVE TABLErn NO. DELTA I RADIUS I LENGTH I TANGENT CHORD BEARING CHORD_ �1 Cl 39' 279.05' 140.01' 7' 3' 07E 278.57'� 1 C2 11'44'19" 1362.39' 279.12' 140.O5` N07*06'09'W 1 278.63' I L3 ``1 r" T Li LINE TABLE LINE BEARING DISTANCE L1 S01'1447"E ' L2 " 10.00' L3 N01'1447"W L4 N88"59' 3" _38.87' RHEA MILLS CIRCLE L2 (60' R.O.W.) S8S"59 , 3 W I ■ Engineering Jones & Boyd, Inc. ■ Surveying ■ Planning 17090 Dallas Parkway, Suite 2.00 Dallas, Texas 75248 ■ Landnape 972.248.7676 office Architecture 972.248.1414 fax ■ Construction Management wwwjones-6oyd.com EXHIBIT C GENERAL LOCATION OF WATER IMPROVEMENTS [see attached] DEVELOPMENT AGREEMENT (Christie Farms) ---5 W o I� EXHIBIT D ESTIMATED CONSTRUCTION COSTS [see attached] DEVELOPMENT AGREEMENT (Christie Farms) ENGINEER'S OPINION OF PROBABLE DEVELOPMENT COST �� PREPARED BY JONES & BOYD, INC. ON JUNE 7,2007 OFFSITE WATER MAIN AT CHRISTIE FARMS PROSPER, TEXAS .r2.aBmt m= JBI PROJECT NO. MOD011 'Approximate length water mein (fa): 5,460 1 12" PVC Pipe LF $28,00 5,460 $152,880.00 2 Bore for 12" pipe LF $250.00 280 $70,000.00 3 12" Valve EA $1,250.00 is $13.750.00 4 6" Valves EA $700,00 15 $10,500.00 5 Fire hydrants EA $2,150.00 12 $25,800.00 6 Fittings (1 ton per 1000) TON $3,500.00 6.0 $21,000.00 7 Connect to existing pipe EA $500.00 8 $44.000.00 8 1" Domestic service EA $500.00 3 $1,500.00 8 Trench safety LF $0.30 5,460 $1,838.00 10 Testing LF $1.00 5:460 $5.460.00 11 Erosion control EA $3.50 i,460 $19,110.00 12 Repair existing gravel driveways LS $1,000 00 1 $1,000o00 '13 Traffic control LS $2,500.00 '1 $2,500.00 14 Maintenance bond (0.5% of total $) LS $311,528.00 1 $11,55764 15 Payment S performance bond (1% of total cost) LS $311,528.00 1 SS3,115.28 16 Engineering LS $31111,528,00 1 a 37 3 TOTAL ESTIMATED COST $376,194.28 1 of 1 TOWN OF PROSPER, TEXAS RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, HEREBY AUTHORIZING THE INTERIM TOWN MANAGER OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE A DEVELOPER'S AGREEMENT BETWEEN MF V CHESNEY 65, LP, AND THE TOWN OF PROSPER. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: The Interim Town Manager of the Town of Prosper, Texas, is hereby authorized to execute, on behalf of the Town Council of the Town of Prosper, Texas, a developer's agreement between MF V Chesney 65, LP, and the Town of Prosper, as hereto attached. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 12th day of June, 2007. Kevin Carruth, Interim Town Manager ATTEST TO: Matthew Denton Town Secretary r ENGINEERING p ISTOW T OF SER P To: Mayor and Town Council From: Hulon T. Webb, Jr., P.E., Director of Development Services/Town EngineA` CC: Kevin Carruth, Interim Town Manger Re: Town Council Meeting — June 12, 2007 Date: June 8, 2007 Agenda Item: Consider and act upon 1) an award of bid to Landmark Structures I, L.P., 2) enter into a contract agreement with Landmark Structures I, L.P., regarding the construction services for the Preston Road Elevated Storage Tank and 3) approve a resolution authorizing the Interim Town Manager to execute the same. Description of Agenda Item: On February 13, 2007, Town Council discussed some architectural options and various painting schemes for the bowl and pedestal portion of the tank as well as a form liner alternative for the pedestal to include stars. A summary of these options along with computer aided renderings are provided below: Option A — Basic standard composite tank. Agenda Item No. 8 - Page 1 of 4 Option B — Includes Option A with additional paint bands on bowl and color staining of the pedestal. Option C — Includes Option B with the addition of third paint color on the bottom of the bowl and stars in the pedestal. Agenda Item No. 8 - Page 2 of 4 Option D — Includes Option C with an ashlar pattern form lined pedestal that includes horizontal bands. At that meeting, direction was given to staff to prepare the bid documents to include a Modified Option C with no painting of the pedestal and to include an alternate bid item for the painted stars on the pedestal as shown. Below is a computer aided rendering showing the final tank with the painted stars alternative. Agenda Item No. 8 - Page 3 of 4 Budget Impact: The financial impact is dependent upon the desired option selected. 1.6 MG Tank Cost Alternate: 1.5 MG Tank Cost wl Stars 2.0 MG Tank Cost Alternate: 2.0 MG Tank Cost wl Stars $2, 547, 000 ($1.701gallon) $2, 717, 000 ($1.811gallon) $2, 892, 000 ($1.451gallon) $3, 072, 000 ($1.541gallon) $2,400,000 is currently funded by the 2006 Certificates of Obligation Bond. The proposed cost increase will also be funded by the 2006 Certificates of Obligation Bond. Legal Obligations and Review: The contract is a standard construction contract previously approved by the Town Attorney. Attached Documents: The following documentation is being provided for review: • Bid Tabulations • Copy of Contract Agreement • Resolution authorizing the Interim Town Manager to execute the agreement Board, Committee and/or Staff Recommendation: Town staff recommends that the Town Council: 1) approve the bid to Landmark Structures I, L.P., in the amount of $2,892,000, 2) enter into a contract agreement with Landmark Structures I, L.P., regarding the construction services for the Preston Road Elevated Storage Tank and 3) approve a resolution authorizing the Interim Town Manager to execute the same. Agenda Item No. 8 - Page 4 of 4 ff P 0 0p ICi P NO O [OO O O OG . O 6 OO 0 1vl�l O / OO OO OOO O 0 �_ .u4 u] r i N -o O G 8 o ti o O .'t p p W w c, O U " j. H LJ L Li tl y E � - 3 a'N 2 Yf C Y 0 R Z L Z v U m o U 7 i j0 O� 1 Ig vi J 4 ' r- , - t� �'+ �y dry �r N uy Ci ttR +,i In p ■ p _ n t r p¢. � 4 N' �plrF N �s r. M ass 1 tn, e o o S p o 0V o g n xw 6 o n O ( dF S o O O M o o 0 o o. N G in o o m <c e s ! . :n ry r ' Iyhy� 1 yE N ✓ k vp�p c��YY I z f Y = rn w v, 1 Gt d 8 d 6 ib +L m J f J F J F J h J F �cl IL I �j J t # It Fp tqy f'J -A f tt5ptpJ� t� ¢ � Av Fj 00500 CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF § THIS AGREEMENT, made and entered into this day of and between of the County of through thereunto duly authorized so to do, Party*,,,f the OWNER, and of the City of - 6linty of AC , Party of the Second Part, hereinafter termed C;ONTRACi' R. A.D., 20 , by of Texas, acting sinafter termed the and State of WITNESSETH: That for and in consideration of the payments and .aoraomenM hereinafter mentioned, to be made and performed by the -Party of the First. Part (OWNER), andA211d(-_1 the conditions expressed in the bonds bearing even date here -with, the said Party of the Second Pari (CONTRACTOR) hereby agrees with the said Party of the First Part (VVNER) to carnmenc and complete ti1[: cep8truction of certain improvements described as follows: Construction of an Elevated Water Storage Tank and all related iki� improvements and eauipment. and all extra work in conn&.tion theie*th, under the nrrhs -as stated in the General Conditions of the Agreement; and at his (or thd*ir) own proper wst'a'nd expensi- t04 Mish all the materials, supplies, machinery, equipment, tools, superi t6nemce, labor, in�,r-ano!._ and othet accessories and services necessary to complete the said constrVgc ion, in accordance with Ito conditions Ah pricpe, stated in the Proposal attached hereto, and in accordance With all the General Conditions of the ASreemerif. the Supplementary Conditions, the Notice to Eldders (Auvertisemerft for Bids), Instrud sons to Bidders, and the Performance and Payment Bonds, all attac. 0 hereto, and in accordance with the Plans which--Anctudes all maps, plats, blueprints, and other drawings-.-- pd- printeu or written explanatory matter thereof, and the Specifications therefore, as prepared b.y FREESE AND NICHOLS., INC., herein entitled the ENGINEER, each of which has been identified by the CONTRACTOR and tho ENGINEER, al! of which are made a part hereof and collectively evidence and constitute the entire :^oritract.. The CONTRACTOR hereby agres�_, Io dpmrnence work on or after the date established for the start of work as sef forth in a written notice t commence work and to substantially complete all work within the time stated in. the Proposal, subject to suc extensions of time as are provided by the General and Supplementary Conditis The OWNER agrees to pay t CONTRACTOR in current funds the price or prices shown in the proposal, wr ich' forrnq a part of s Contract, such payments to be subject to the General and Supplementary,Cbnditiorl�, of the C:ootract No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day first above written. ATTEST: Partofthe First OWNER By Name ine Title (please typ;� 0. pi' nt) (SEAL) ATTEST: Marty of the Second Part, CONTRACTOR By. Signature TitleName and (please type or print) (SEAL) TOWN OF PROSPER, TEXAS RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, HEREBY AUTHORIZING THE INTERIM TOWN MANAGER OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE A CONTRACT AGREEMENT FOR CONSTRUCTION SERVICES FOR THE PRESTON ROAD ELEVATED STORAGE TANK, BETWEEN LANDMARK STRUCTURES I, L.P., AND THE TOWN OF PROSPER. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: The Interim Town Manager of the Town of Prosper, Texas, is hereby authorized to execute, on behalf of the Town Council of the Town of Prosper, Texas, a contract agreement for construction services for the Preston Road Elevated Storage Tank between Landmark Structures I, L.P., and the Town of Prosper, as hereto attached. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 12th day of June, 2007. Kevin Carruth, Interim Town Manager ATTEST TO: Matthew Denton Town Secretary ENGINEERING rowN OF P S PER To: Mayor and Town Council From: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engine CC: Kevin Carruth, Interim Town Manger Re: Town Council Meeting — June 12, 2007 Date: June 8, 2007 Agenda Item: Consider and act upon 1) ratification of an Engineering Design Services Agreement with RLK Engineering, Inc., regarding the Highland Meadows Drainage Improvements and 2) approve a resolution authorizing the Interim Town Manager to execute the same. Description of Agenda Item: On May 8, 2007, staff discussed with the Town Council the drainage situation in the Highland Meadows Subdivision where an existing drainage channel located along the rear of the properties fronting Fair Oaks is currently unable to handle the existing drainage from the south as well as from the adjacent properties. Since there was a chance of flooding, staff authorized an engineering firm to begin preparing the necessary survey and design plans to remedy the situation prior to the approval of a contract for these services. Therefore, ratification of the attached Engineering Design Services Agreement for the work that is currently being performed by RLK Engineering is required. Staff has notified the affected property owners that existing fences will be required to be removed from the drainage easement to allow the channel to be regarded. Once the weather permits, the Public Works Department will begin the relocation of the fences and regrade a portion of the channel before the actual construction project to help alleviate some of the ponding problems. Budget Impact: The $9,650 for the design of the improvements is to be funded by the Streets Fund Account (#10-5480-40). The cost to construct the improvements to the channel is estimated to be around $120,000 and is currently unfunded. Legal Obligations and Review: The contract is a standard engineering services contract previously approved by the Town Attorney. Agenda Item No. 9 - Page 1 of 2 Attached Documents: The following documentation is being provided for review: • Engineering Design Services Agreement • Resolution authorizing the Interim Town Manager to execute the agreement Board, Committee and/or Staff Recommendation: Town staff recommends that the Town Council 1) approve the ratification of an Engineering Design Services Agreement with RLK Engineering, Inc., in the amount of $9,650 for the Highland Meadows Drainage Improvements and 2) approve a resolution authorizing the Interim Town Manager to execute the same. Agenda Item No. 9 - Page 2 of 2 AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS (TOWN) AND RLK ENGINEERING, INC. (CONSULTANT) FOR ENGINEERING DESIGN SERVICES AGREEMENT made as of the day of BETWEEN the Town and the Consultant: for the following Project: in the Year Two Thousand and Seven: The Town of Prosper, Texas P.O. Box 307 113 W Broadway Prosper, Texas 75078 telephone 972-346-2640 facsimile 972-347-2111 RLK Engineering, Inc. 6136 Frisco Square Blvd, Suite 325 Frisco, Texas 75034 telephone 214-619-1733 facsimile 214-619-1833 HIGHLAND MEADOWS DRAINAGE IMPROVEMENTS The Town and the Consultant agree as set forth below. THIS AGREEMENT is made and entered by and between the Town of Prosper, Texas, hereinafter referred to as "Town", and RLK Engineering, Inc., hereinafter referred to as "Consultant", to be effective from and after the date as provided herein the "Agreement". Design Services Agreement Page 1 of 17 WHEREAS, the Town desires to engage the services of the Consultant to prepare Engineering Design Documents for Drainage improvements adjacent to lots 8 through 18 along Fair Oaks Lane of the Highland Meadows Subdivision (Phase 3) in the Town, hereinafter referred to, as the "Project"; and WHEREAS, the Consultant desires to render such Engineering services for the Town upon the terms and conditions provided herein. NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS. That for and in consideration of the covenants contained herein, and for the mutual benefits to be obtained hereby, the parities hereto agree as follows: ARTICLE 'I CONSULTANT'S SERVICES 1.1 Employment of the Consultant - The Town hereby agrees to retain the Consultant to perform professional services in connection with the Project. Consultant agrees to perform such services in accordance with the terms and conditions of this Agreement. 1,2 Scope of Services - The parties agree that Consultant shall perform such services as are set forth and described in Exhibit "A", which is attached hereto and incorporated herein by reference for all purposes. The parties understand and agree that deviations or modifications to the scope of services described in Exhibit "A", in the form of written change orders, may be authorized from time to time by the Town. 1.3 Schedule of Work - The Consultant agrees to commence work immediately upon execution of this Agreement, and to proceed diligently with said work to completion as described in the Completion Schedule/Project BillinglProject Budget attached hereto as Exhibit "i3' and incorporated herein by reference for all purposes. ARTICLE 2 THE TOWN'S RESPONSIBILITIES 2.1 Prefect Data - The Town shall furnish required information, that it currently has in its possession, as expeditiously as, necessary for the orderly progress of the work, and the Consultant shall be entitled to rely upon the accuracy and completeness thereof. 2.2 Town Project Manager - The Town shall designate, when necessary, a representative authorized to act on the Town's behalf with respect to the Project (the "Project Manager"). The Town or such authorized representative shall examine the documents submitted by the Consultant and shall render any required decisions pertaining thereto as soon as practical so as to avoid unreasonable delay in the progress of the Consultant's services. Design Services Agreement Page 2 of 17 ARTICLE 3 CONSULTANT'S COMPENSATION 3.1 Compensation for Consultant's Services - As described in "Article 1, Consultant`s Services", compensation for this project shall be on a time and expense basis not to exceed Nine Thousand Six Hundred Fifty Dollars and zero cents ($9,650.00), ("Consultant's Fee") and shall be paid in accordance with Article 3 and. the Completion Schedule/Project BillinglProject Budget as set forth in Exhibit "B". The final 5% of the Consultant's Fee, or $ ( 482.50), shall not be paid until the Consultant has delivered the final product as specified in the Project Deliverables section of the Scope of Services attached hereto as Exhibit "A". 3.4 Invoices — No payment to the Consultant shall be made until Consultant tenders an invoice to the Town. Payments are payable to the Consultant within thirty (30) days from the date of invoice as long as the invoice is mailed to Town within three (3) days of the date of the invoice. Invoices are to be mailed to Town immediately upon completion of each individual task listed in Exhibit "B". if any invoice remains outstanding and unpaid for more than sixty (60) days from the date of invoice, and Consultant has fully performed its obligations as set forth herein, the Consultant has the option upon written notice to the Town, to suspend all work specified under this Agreement until the account is brought current. Continued performance andlor completion of work by the Consultant under this Agreement shall resume upon the payment of the earned fees by the Town. 3.5 Failure to Pa - Failure of the Town to pay an invoice, for a reason other than cause, to the Consultant within sixty (60) days from the date of the invoice shall grant the Consultant the right, in addition to any and all other rights provided, to, upon written notice to the Town, refuse to render further services to the Town and such act or acts shall not be deemed a breach of this Agreement. The Town shall not be required to pay any invoice submitted by the Consultant if the Consultant breached any provision(s) herein. 3.6 Adjusted Compensation - If the Scope of the Project or if the Consultant's services are materially changed, the amounts of the Consultant's compensation shall be equitably adjusted as approved by Town. Any additional amounts paid to the Consultant as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. 3.7 Project Suspension - If the Project is suspended or abandoned in whole or in part for more than three (3) months, Consultant shall be entitled to compensation for any and all work completed to the satisfaction of Town in accordance with the provisions of this Agreement prior to suspension or abandonment. In the event of such suspension or abandonment, Design Services Agreement Page 3 of 17 Consultant shall deliver to Town all finished or unfinished documents. data, studies, surveys, drawings, maps, models, reports, photographs and/or any other items prepared by Consultant in connection with this Agreement prior to Consultant receiving final payment. If the Project is resumed after being suspended for more than three (3) months, the Consultant's compensation shall be equitably adjusted as approved by the Town. Any additional amounts paid to the Consultant after the Project is resumed shall be agreed upon in writing by both parties before the services are performed. ARTICLE 4 ARTICLE 5 CONSULTANT'S ACCOUNTING RECORDS ARTICLE 6 AUDITS AND RECORDS/PROHIBITED INTEREST The Consultant agrees that at any time during normal business hours and as often as Town may deem necessary, Consultant shall make available to representatives of the Town for examination all of its records with respect to all matters covered by this Agreement, and will permit such representatives of the Town to audit, examine, copy and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement, all for a period of one (1) year from the date of final settlement of this Agreement or for such other or longer period, if any, as may be required by applicable statute or other lawful requirement. The Consultant agrees that it is aware of the prohibited interest requirement of the Town Charter, which is repeated on the Affidavit, and will abide by the same. Further, a lawful representative of Consultant shall execute the Affidavit attached hereto and incorporated herein by reference for all purposes. Consultant understands and agrees that the existence of a prohibited interest during the term of this Agreement will render the Agreement voidable. ARTICLE 7 TERMINATION OF AGREEMENTIREMEDIES Town may, on thirty (30) days written notice to Consultant, terminate this Agreement, for any reason, before the termination date hereof, and without prejudice to any other remedy it may have. If Town terminates this Agreement due to a default of and/or breach by Consultant and the expense of finishing the Project exceeds the Consultant's Fee at the time of termination, Consultant waives its right to any portion of Consultant's Fee as set forth in Article 3 herein Design Services Agreement Page 4 of 17 and agrees to pay any costs over and above the fee which Town is required to pay in order to finish the Project. On any default and/or breach by Consultant, Town may elect not to terminate the Agreement, and in such event it may make good the deficiency in which the default consists, and deduct the costs from the Consultant's Fee due Consultant as set forth in Article 3 herein. If Town terminates this Agreement and Consultant is not in default of the Agreement, Consultant shall be entitled to compensation for any and all work completed to the satisfaction of Town in accordance with the provisions of this Agreement prior to termination. In the event of any termination, Consultant shall deliver to Town all finished and/or unfinished documents, data, studies, surveys, drawings, maps, models, reports, photographs and/or any other items prepared by Consultant in connection with this Agreement prior to Consultant receiving final payment. The rights and remedies provided by this Agreement are cumulative, and the use of any one right or remedy by either party shall not preclude or waive its rights to use any or all other remedies. These rights and remedies are given in addition to any other rights the parties may have by law, statute, ordinance or otherwise. ARTICLE 8 DISPUTE RESOLUTION/MEDIATION In addition to all remedies at law, the parties may resolvefinediate any controversy, claim or dispute arising out of or relating to the interpretation or performance of this Agreement, or breach thereof, by voluntary mediation to be conducted by a mutually acceptable mediator. ARTICLE 9 INDEMNITY Consultant shall release, defend, indemnify and hold harmless Town and its Town Council members, officers, agents, representatives and employees from and against all damages, injuries (including death), claims, property damages (including loss of use), losses, demands, suits, judgments and costs, including reasonable attorney's fees and expenses, in any way arising out of, related to, or resulting from the performance of the work caused by the negligent act and/or wrongful intentional act and/or omission of Consultant, its officers, agents, representatives, employees, subConsultants, licensees, invitees or any other third parties from whom Consultant is legally responsible (hereinafter "Claims"). Consultant is expressly required to defend Town against all such Claims, In its sole discretion, Town shall have the right to select or to approve defense counsel to be retained by Consultant in fulfilling its obligation hereunder to defend and indemnify Town, unless such right is expressly waived by Town in writing. Town reserves the right to provide a portion or all of its own defense; however, Town is under no obligation to do so. Any such action by Town is not to be construed as a waiver of Consultant's obligation to defend Town or as a Design Services Agreement Page 5 of 17 waiver of Consultant's obligation to indemnify Town pursuant to this Agreement. Consultant shall retain Town approved defense counsel within seven (7) business days of Town's written notice that Town is invoking its right to indemnification under this Agreement. If Consultant fails to retain counsel within such time period, Town shall have the right to retain defense counsel on its own behalf, and Consultant shall be liable for all costs incurred by Town. ARTICLE 10 NOTICES Consultant agrees that all notices or communications to Town permitted or required under this Agreement shall be delivered to Town at the following addresses: Town Manager Town of Prosper P.O. Box 307 Prosper, Texas 75078 Town agrees that all notices or communication to Consultant permitted or required under this Agreement shall be delivered to Consultant at the following address: Chad A. Pendley, P.E_ Sr. Project Manager 6136 Frisco Square Blvd., Suite 325 Frisco, Texas 75034 Any notice provided for under the terms of this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt requested. All notices or communication required to be given in writing by one party or the other shall be considered as having been given to the addressee on the date such notice or communication is postmarked by the sending party. Each party may change the address to which notice may be sent to that party by giving notice of such change to the other party in accordance with the provisions of this Agreement. ARTICLE 11 MISCELLANEOUS 11.1 Complete Agreement - This Agreement, including the exhibits hereto labeled "A" through "C", all of which are incorporated herein for all purposes, constitute the entire agreement by and between the parties regarding the subject matter hereof and supersedes all prior and/or contemporaneous written and/or oral understandings. This Agreement Design Services Agreement Page 6 of 17 may not be amended, supplemented, and/or modified except by written agreement duly executed by both parties. 11.2 Assignment and Subletting - The Consultant agrees that neither this Agreement nor the work to be performed hereunder will be assigned or sublet without the prior written consent of the Town. The Consultant further agrees that the assignment or subletting of any portion or feature of the work or materials required in the performance of this Agreement shall not relieve the Consultant of its full obligations to the Town as provided by this Agreement. All such approved work performed by assignment or subletting shall be billed through Consultant, and there shall be no third party billing. 11.3 Successors and Assigns - Town and Consultant, and their partners, assigns, successors, subConsultants, executors, officers, agents, employees, representatives, and administrators are hereby bound to the terms and conditions of this Agreement. 11.4 Severability - In the event a term, condition, or provision of this Agreement is determined to be invalid, illegal, void, unenforceable, or unlawful by a court of competent jurisdiction, then that term, condition, or provision, shall be deleted and the remainder of the Agreement shall remain in full force and effect as if such invalid, illegal, void, unenforceable or unlawful provision had never been contained herein. 11.5 Venue - This entire Agreement is performable in Collin County, Texas and the venue for any action related directly or indirectly, to this Agreement or in any manner connected therewith shall be Collin County, Texas, and this Agreement shall be construed under the laws of the State of Texas. 11.6 Execution/Consideration - This Agreement is executed by the parties hereto without coercion or duress for any substantial consideration, the sufficiency of which is forever confessed. 11.7 Authority _- The individuals executing this Agreement on behalf of the respective parties below represent to each other that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date thereof. 11.8 Waiver - Waiver by either party of any breach of this Agreement, or the failure of either party to enforce any of the provisions of this Agreement, at Design Services Agreement Page 7 of 17 any time, shall not in any way affect, limit or waive such party's right thereafter to enforce and compel strict compliance. 11.9 Headings - The headings of the various sections of this Agreement are included solely for convenience of reference and are not to be full or accurate descriptions of the content thereof. 11.1 0Multiple Counterparts - This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 11.11 Sovereign Immunity — The parties agree that the Town has not waived its sovereign immunity by entering into and performing its obligations under this Agreement. 11.12 Representatives — Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had the opportunity to confer with its counsel. 11.13 Miscellaneous Drafting Provisions — This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective on the latest day as reflected by the signatures below. Design Services Agreement Page 8 of 17 Effective Date: TOWN The Town of Prosper, Texas 0 Title: STATE OF TEXAS: COUNTY OF COLLIN: CONSULTANT Title: President BEFORE ME, THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC IN AND FOR THIS STATE OF TEXAS, ON THIS DAY PERSONALLY APPEARED , 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 CAPATOWN THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF , 2007. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS STATE OF TEXAS: COUNTY OF COLLIN: BEFORE ME, THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC IN AND FOR THIS STATE OF TEXAS, ON THIS DAY PERSONALLY APPEARED RONNY L. KLINGBEIL, P.E,, 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 CAPATOWN THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 21� DAY OF , 2007.A� w RICK BATES NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS ='�'P g Notary Publics State of Texas yN., aF My Commistion Expires Design Services Agreement Page 9 of 17 EXHIBIT "A" SCOPE OF SERVICES Agreement between the Town of Prosper, Texas (Town) And RLK Engineering, Inc, (Consultant) PROJECT DESCRIPTION Engineering services related to the improvement of open channel drainage facilities within existing drainage easements adjacent to lots 8 through 18 along Fair Oaks Lane in the Highland Meadows Phase III Addition in the Town of Prosper. TASK 1 -DATA COLLECTION Meet with Town of Prosper engineering and public works staff to obtain pertinent utility plans, street plans, plats, right-of-way maps, existing easement information, contour maps, and other features within and pertaining to the project area. Obtain record information from franchise utility companies. 3. Conduct field survey for design purposes. a. Establish horizontal and vertical control. b. Tie right-of-way I easement lines and corners, property lines and corners, trees three (3) inches in diameter and larger, fence lines, and other visible surface features. C. Verify horizontal and vertical location of existing utilities. d. When underground utilities are exposed, tie to survey baseline. e. Topographic information — topographic information including cross -sections of the existing ground features as needed for design. Horizontal and vertical location of the existing facilities, including existing pavement, fences, and utility appurtenances such as water valves, fire hydrants, manholes, etc., will be obtained (within construction area). TASK 2 -PRELIMINARY ENGINEERING DESIGN Prepare preliminary plans. a. Establish preliminary horizontal and vertical alignments. Design Services Agreement Page 10 of 17 b. Locate utility crossing, and nearby utilities, and other nearby improvements. C. Establish preliminary construction easemenUright-af--way needs, if any. d. Delineate drainage areas and make evaluations as to the extent drainage facilities are required in conjunction with the project. e. Establish preliminary locations for drainage facilities. 2. Work with affected utilities such as water, sewer, gas, telephone, cable TV, and electric to obtain accurate information for horizontal and vertical data for their facilities. Identify which utilities must be protected or relocated. 3. Prepare an estimate of construction quantities and develop preliminary statement of probable construction costs. 4. Submit three (3) sets of preliminary plans and estimates to the Town for review. 5. Meet with the Town to discuss preliminary plans and estimates. 6. Attend Public Meetings as necessary. 7. Distribute the plans to local utility companies to obtain information regarding impacts to their facilities. TASK 3 — FINAL ENGINEERING DESIGN 1. Revise preliminary plans incorporating comments from the Town. 2. Incorporate comments from the utility companies. 3. Finalize plan for proposed improvements. 4. Prepare Technical Specifications (if required). 5. Incorporate standard details into the plans and prepare additional details as required. 6. Submit three (3) sets of final plans and estimates to the Town for review. 7. Meet with the Town to discuss final plans and estimates. 8. Submit reproducible plans, one set of black line prints, floppy disks with design files, and original bid documents to the Town. 9. Prepare erosion control plans to comply with the EPA Storm Water Management Program (if required). Design Services Agreement Page 1I of 17 TASK 4 — BID PHASE SERVICES Take off final bid quantities and prepare final opinion of probable construction cast. 2. Assist in preparing final bid documents including proposal forms, construction plans, specifications, and contract documents (as required). Consultant to recoup cost of bid sets by non-refundable deposit from bidders (if bid documents are prepared and distributed by consultant). 3. Assist the Town staff in advertising for bids (if required) 4. Assist the Town if requested in opening bids, and prepare a bid tabulation for all bidders. 5. Assist the Town if requested to evaluate the lowest and second lowest bidder. Bid evaluation will include the confraefor's: a. Past work history; b. Financial resources; and G. Physical resources to produce the project. 6. If requested by the Town, a summary of bid analysis will be provided to the Town for use in selection and award of the construction contract. 7. Assist the Town staff in a pre -construction conference. 8. Furnish 6 sets of final plans for construction. TASK 5 — CONSTRUCTION ADMINISTRATION Provide periodic site visits by the design project engineer. 2. Assist Town staff in responding to requests for information. 3. Prepare Record Drawings - Utilizing Town and contractor as -built information, the consultant will prepare one (f) set of reproducible record drawing for the Town including a floppy disk copy of all construction plan sheets. EXCLUSIONS The scope of this proposal specifically excludes the following items. However these items can be provided if necessary with a revision to scope of work and fees. Computer modeling and routing of water flows; 2. Final Plat; 3. Utility relocations and improvements. Design Services Agreement Page 12 of 17 4. Irrigation and Landscaping Design. 5. Environmental assessment or remediation, USCOE 404 Individual Permits or Mitigation Plans; 6. Fees for permits and bid advertising; 7. Traffic engineering reports or studies; 8. Floodplain reclamation plans, FEMA CLOMR or LOMR; 9. Construction inspection; 10. Designs for trench safety; 11. Retaining walls; 12. Consulting services by others not included in proposal; 13. Quality control and testing services during construction; DELIVERABLES For each bid package, RLK Engineering, Inc. will deliver the following products to the Town of Prosper: 1. Three (3) sets of preliminary plans and estimates for review. 2. Three (3) copies of right-of-way acquisition documents. 3. Three (3) sets of final plans and estimates for review. 4. Two (2) sets of construction contract documents, including technical specifications and proposals. 5. Six (6) sets of final plans for construction. 6. One (1) set of reproducible record drawings, including an electronic copy of all construction plan sheets. Design Services Agreement Page 13 of 17 PROJECT LABOR ALLOCATION TASK 1 — -- — — Meet with City 1 Obtain Project Information 4 Data Collection Obtain Franchise Utility Information 8 Conduct freld survey for design 12 Task 1 Subtotal 24 Hours TASK 2 Prepare Preliminary Drawings 24 Preliminary Coordinate with Utilities 4 Engineering Design Prepare Quantity and Cost Estimate 4 Meetings with City 4 Task 2 Subtotal 36 Hours TASK 3 Revise Preliminary Plans & Address Comments 8 Final Engineering Finalize Plans & Incorporate Standards 8 Design Prepare Technical Specs 1 Proposal 4 Meetings with City 4 Task 3 Subtotal 24 Hours TASK 4 Prepare Final Bid Documents 4 Bid Phase Services Assist City with Bidding 4 Assist City with Pre -Construction 2 Task 4 Subtotal 10 Hours TASK 5 Provide Periodic Site Visits (Observation) 8 Construction Assist City with Requests for Information 4 Administration Prepare Record Drawings 4 Task 5 Subtotal 16 Hours TOTAL PROJECT 110 Hours Design Services Agreement Page 14 of 17 EXHIBIT B COMPLETION SCHEDULE/PROJECT BILLINGIPROJECT BUDGET Agreement between the Town of Prosper, Texas (Town) and RLK Engineering, Inc. (Consultant) For the Highland Meadows Drainage Improvements MONTH $ AMOUNT TASK COMPLETED June 2007 $ 7,235.00 TASKS 1, 2, and 3 July 2007 $ 965.00 TASK 4 August 2007 $ 1,450.00 TASK 5 TOTAL $9,650.00 Design Services Agreement Page 15 of 17 EXHIBIT C AFFIDAVIT THE STATE OF TEXAS § COUNTIES OF COLLINMENTON § a member of the Consultant team make this affidavit and he by oath state the following: 1, and/or a person or persons related to me, have a substantial interest in a business entity that would be peculiarly affected by my work or decision on the project as those terms are defined in Article 988b, V.T.C.S. The business entity is: have/has) a substantial interest in this business entity for the following reasons: (Check all which are applicable) Ownership of 10% or more of the voting shares of the business entity. Ownership of $2,500 or more of the fair market value of the business entity. Funds received from the business entity exceed 10% of income for the previous year. Real property is involved and have an equitable or legal ownership with a fair market value of at least $2,500. A relative of mine has substantial interest in the business entity or property that would be affected by my decision of the public body of which I am a member. XOther: Upon the filing of this affidavit with the Town of Prosper, Texas, I affirm that I will abstain from acting on any decision involving this business entity and from any further participation on this matter whatsoever. Signed this _ day of ----- le _ ______ , 2007. a ure of Officialftitle Design Services Agreement Page 16 of 17 BEFORE ME, the undersigned authority, this day personally appeared 42-6.f nJ _1� r,���________and on oath stated that the facts hereinabovestated are true to the best of his/her knowledge or belief. Sworn to and subscribed before me on this _2 ► s day of ---- ~,�------- 2007 `�pYP�eH� RICK BATES n otary Public in and for the State of Texas *L' z=°.• Notary Public. State of Texas - ° My Commission Expires November 05, 2007 My commission expires: Design. Services Agreement Page 17 of 17 TOWN OF PROSPER, TEXAS RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, HEREBY AUTHORIZING THE INTERIM TOWN MANAGER OF THE TOWN OF PROSPER, TEXAS, TO RATIFY AN ENGINEERING DESIGN SERVICES AGREEMENT FOR THE HIGHLAND MEADOWS DRAINAGE IMPROVEMENTS, BETWEEN RLK ENGINEERING, INC., AND THE TOWN OF PROSPER. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: The Interim Town Manager of the Town of Prosper, Texas, is hereby authorized to ratify, on behalf of the Town Council of the Town of Prosper, Texas, an Engineering Design Services Agreement for the Highland Meadows Drainage Improvements between RLK Engineering Inc., and the Town of Prosper, as hereto attached. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 12th day of June, 2007. Kevin Carruth, Interim Town Manager ATTEST TO: Matthew Denton Town Secretary 1, S.F P F_Af To: Mayor and Town Council PARKS AND RECREATION From: Chris Copple, Development and Parks Planner Cc: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Re: Town Council Meeting —June 12, 2007 Date: June 8, 2007 Agenda Item• Consider and act upon the appointment of a Town Council liaison to the Prosper Parks and Recreation Board. Description of Aaenda Item: At their May 22, 2007 meeting, Town Council requested staff research the Town Charter and the Comprehensive Parks Ordinance to find if a Town Council liaison to the Parks and Recreation Board is required. Town staff found no language in the Town Charter or the Comprehensive Parks Ordinance that would require the Town Council to appoint a liaison to the Parks and Recreation Board. Attached Documents: No attachments. Town Staff Recommendation: Town staff recommends that a Town Council liaison not be appointed to the Parks and Recreation Board at this time. Agenda Item No. 10 - Page 1 of 1 ADMINISTRATION P:. ER To: Mayor and Town Council From: Matthew D. Denton, Town Secretary Chris Copple, Development and Parks Planner Re: Extending the Board of Adjustment terms until September 2007 Date: June 12, 2007 Town Council Meeting Agenda Item: Discuss and act on extending the terms of the Board of Adjustment (BOA) members until September 2007. Description of Agenda Item: On May 7, 2007 the Town received a variance application. Staff research indicates the Board of Adjustment has met only once in the past two years. Two Board members and one alternate had their terms expire in September 2006 and no appointments were made to fill the expired terms. Staff is recommending Council extend the terms of Bobby Shirrel, Rudy Gurerro, and Lisa Dritschler, whose terms expired in September 2006, until September 2007. This will allow the BOA to meet the quorum requirements and hold a public hearing on the variance request. Town staff will advertise the vacant positions in the summer and Council will fill the vacant positions in September 2007 along with the other boards and commissions. Budget Impact• NIA Attached Documents: None Board. Committee and/or Staff Recommendation: Staff recommends council extend the expired terms of the BOA members until September 2007. Agenda Item No. I I Public Works -,' . F 0SPL, R_ To: Mayor and Town Council From: Frank E. Jaromin P.E., Director of -Public Works CC: Kevin Carruth, Interim Town Manger Re: Town Council Meeting — June 12, 2007 Date: June 8, 2007 Agenda Item: Discuss current water restrictions 1) modify existing or 2) move to less restrictive conservation measures. Description of Agenda Item: Council members requested to have a discuss item on this issue placed on the June 12, 2007 meeting. In discussions with North Texas Municipal Water District (NTMWD), the current plan of action is to stay on stage 3, once a week watering with vehicle washing allowed if the hose has a shut off device. NTMWD recognizes twice a week watering program as long as the total time of once a week is equivalent with twice a week. Staff will be present at the June 12, 2007 meeting to answer questions. Budget Impact: Legal Obligations and Review: Attached Documents: City of Allen water restrictions survey Board, Committee and/or Staff Recommendation: Agenda Item No. 12 - Page 1 of 1 Ccrn iled by C Ity of AIlen Co mmu n ity Services De ailment 214-509-4653 Revised 616107 Adopted city NTMUVO Total Watering Wash Cars at Plan Watering Schedule MrsfWk Nome Rate Surchar e Once per week, not between 10 Now 16 hrs; No, but on June 25% after 15,000 am and 6 pm. On June 12. asking Council 12 asking (prior to June 1, Allen Yes 2007 asking Council for twice to reduce to 12 Council to allow 2007, was per week, 4 am to 10 am one total if we go to with shut off effective after day and 6 pm to midnight on twice per week nozzle on hose 10,000 gals) second day Farmersville Yes Twice per week; not between 32 Yes 10% after 10,000 10 am and 6 pm; (changed to twice per week in May 2007) Twice per week (effective July Yes, effective Frisco Yes 1'2007), not between 5 am and 26 immediately {as No gam, nor between 10 am and 6 of June 5, 20007) pm Garland Yes Twice per week; not between I10 32 No No am and 6 pm Twice per week (effective immediately -changed at June 5 Undetermined Yes (can also McKinney Yes Council); not between 10 am whether it wil be wash windows 25% after 20,000 and 6 pm -- still working on rest 16 or 32 with hose) of watering schedule Once per week, not between 10 am and 6 pm; On June 18 Mesquite No, have Council wil consider twice 16 Yes No own plan weekly for 32 hours total irrigation time allowed Twice per week; one day from Piano No, have 2 am to 10 am, second day from 12 Yes No own plan 6 pm to 10 pm; no watering on Sundays (changed to twice per week June 1, 2007 No, but Richardson Yes Twice per week; not between 32 proposing to No 10 am and 6 pm Council on June 11 Rockwall Yes _Twice per week; not between 9 30 No No am and 6 pm; (changed to twice per week in mid -Ma 2007) Twice per week (effective Royse City Yes June 1, 2007); one day 6 am to 6 Yes No 9 am; second day 6 pm to 9 pm Once per week; not between No, but Wylie Yes 10 am and 6 pm; (Considering 16 considering No going to twice per week)dering FForney No Information provided Princeton No information provided To: Mayor and Town Council From: Ronnie Tucker, Fire Chief Cc: Kevin Carruth, Interim Town Manager Re: Town Council Meeting —June 12, 2007 Date: June 05, 2007 Agenda Item: Discuss and provide direction to Town staff regarding Brush Truck Description of Aaenda Item: Needing some direction on the Brush Truck. The grant is for 90% up to $54,000 or $59,000 depending on the type of foam system that we get. We can get a very basic truck that will work for brush/grass fires only for around $80,000. This truck would not have compartments for any extra equipment or additional manpower. For around $120,000 we can upgrade to a truck that will allow us to carry more equipment and manpower. This truck would have compartments for equipment to include, EMS, Rehab, Generators, Protective Gear ect. A vehicle of this type would allow us to expand the uses to include a first response vehicle. Using this vehicle for some first responses would save wear and tear on the more expensive trucks as well as the streets. This would also reduce M & O cost for the larger trucks. This vehicle would also have an aluminum body instead of steel resulting in lighter weight thus more water. The M&O cost on both vehicles will be the same with the difference being length of the frame. Our present Brush Truck is a 1993 model so the remaining life years of the vehicle is limited. This is not a budgeted item in the 06107 budget. This grant application is three years old and we felt like we were out of the running. I had planned to place this into the 07108 budget request but need some direction. Just because I put it into next years budget does not mean it will be approved. This is where I need input. This vehicle will need to be ordered soon to be delivered within the grant timeline. We have 6 months. We have been told that as long as a PO has been issued we can get an extension. At the time of this memo we are awaiting a written reply from the Texas Forest Service concerting the six months time frame. Attached are a couple of pictures showing the difference between the two vehicle in question. Agenda Item No. 13 Budget Impact: This item was not budgeted in the 06/07 Budget. This grant was three years old and was not expected. Leval Obligations and Review: NIA Attached Documents: NIA Board. Committee and/or Staff Recommendation: Staff would like to recommend this item be approved in the 07108 Budget with permission to go ahead and issue PO as soon as all bid requirements are met. Agenda Item No. 13