02.12.2008 Town Council PacketISPER
OWN OF
1. Call to Order / Roll Call.
2. Invocation and Pledge of Allegiance.
AGENDA
Regular Meeting of the Prosper Town Council
Prosper Middle School - Library
605 E. Seventh Street, Prosper, Texas
Tuesday, February 12, 2008 at 6:00 p.m.
3. Announcements of dates and times of upcoming community events.
PRESENTATIONS
4. Presentation by Collin County Commissioner Joe Jaynes regarding a $390,000 grant for Folsom Park.
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.)
5. Consent Agenda
MINUTES
a. Consider and act upon minutes from the following Council meetings. (MD)
• January 22, 2008 — Regular Town Council Meeting
• January 29, 2008 — Joint Planning and Zoning Commission / Town Council Meeting
• February 5, 2008 — Special Town Council Meeting
ORDINANCES, RESOLUTIONS, AND AGREEMENTS
b. An update on the Town's sports fields and/or the construction of future sports fields. (WH)
C. Consider and act upon 1) a Partial Assignment and Assumption of Agreement between MF VII Prosper 41,
LP, and Western Rim Investors 2007-4, L.P., and 2) approve a resolution authorizing the Town Manager to
execute the same. (CC)
d. Consider and act upon 1) a Partial Assignment and Assumption of Agreement between Mooreland Fund III
380 Comm Office, LP, and Virginia Ridge Properties, LTD., and 2) approve a resolution authorizing the
Town Manager to execute the same. (CC)
e. Consider and act upon 1) a Partial Assignment and Assumption of Agreement between Mooreland Fund III
380 Comm Office, LP, and Pineview Woods, L.P., and 2) approve a resolution authorizing the Town
Manager to execute the same. (CC)
f. Consider and act upon 1) a Partial Assignment and Assumption of Agreement between Mooreland Fund III
380 Comm Office, LP, and Prosper Ventures Partners, and 2) approve a resolution authorizing the Town
Manager to execute the same. (CC)
g. Consider and act upon an ordinance rezoning 285.5f acres, located on the north and south side of First
Street, 2,650f feet east of Coit Road, from Agricultural (A) to Planned Development -Single Family (PD-
SF). (Z07-18). (CC)
Page 1 of 3
h. Consider and act upon an ordinance for the voluntary annexation of a tract of land located in the Spencer
Graham Survey, Abstract No. 359, Collin County, Texas, containing approximately 10.0141 acres of
land, and being more generally located 3700+ feet east of Coit and 1840± feet north of E. First Street.
(MD)
i. Consider and act upon a resolution ordering a General Election to be held jointly with the Prosper
Independent School District and the Collin County Community College District, and administered by the
Collin County Elections Administration on May 10, 2008, for the purpose of electing three (3) members,
Place 3, Place 4, and Place 5, to the Town of Prosper Town Council to fill expired terms. (MD)
j. Presentation of the 2007 Racial Profiling Report for the Prosper Police Department. (KM)
k. Consider and act upon 1) an Addendum of Town Approval for the Partial Assignment and Assumption of
Agreement between Frisco Tollway Partners, Ltd., and Hunter 3 80 Prosper, LP, and 2) approve a resolution
authorizing the Town Manager to execute the same. (CC)
1. Consider and act upon 1) an Addendum of Town Approval for the Partial Assignment and Assumption of
Agreement between Prosper Hillcrest 60, Ltd., and Hunter 380 Prosper, LP, and 2) approve a resolution
authorizing the Town Manager to execute the same. (CC)
CITIZEN'S 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. Other 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. Presentation of Service Plan and First Public hearing to consider the voluntary annexation of approximately
2106.592 acres of land being more generally located north of Hwy 3 80 and west of Fields Road. (MD)
7. Presentation of Service Plan and First Public hearing to consider the voluntary annexation of approximately
27.149 acres of land being more generally located east of Good Hope Road and 1600'+ north of Hwy
380. (MD)
DEPARTMENT ITEMS
8. Consider and act upon 1) an award of bid to Quality Excavation 2) enter into a contract agreement with
Quality Excavation regarding the construction services for the Prosper Trail Culvert Extension and Channel
Improvements Project and 3) approve a resolution authorizing the Town Manager to execute the same.
(HW)
9. Consider and act upon a resolution authorizing the Town Manager to enter into a Letter of Agreement with
Arthur and Karie Dalton for the Subdivision of three lots located in the southwest quadrant of the
intersection of Prosper Trail and Robinson Creek. (ML)
10. Discuss and give direction on the Meadow Green Street Improvements Project. (NM)
11. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
Page 2 of 3
12. Adjourn.
Note: The order in which items are heard on the agenda is subject to change.
CERTIFICATION
I, 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, February 8,
2008 at 5:00 p.m. and remained so posted at least 72 hours before said meeting was convened.
44
attihew D. Denton, 9TRMC 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.
Page 3 of 3
IOWN OF
SPER
1. Call to Order / Roll Call.
The meeting was called to order at 6:10 p.m.
Roll call was taken by the Town Secretary.
MINUTES
Regular Meeting of the Prosper Town Council
Prosper Middle School - Library
605 E. Seventh Street, Prosper, Texas
Tuesday, January 22, 2008 at 6:00 p.m.
Council present included. Mayor Charles Niswanger, Mayor Pro-Tem Dt# dl Bristol, Kenneth Dugger, Kevin
Drown, Mike Wadsworth, and Ray Smith.
Staff present included: Mike Land, Town Manager; Hulon Webb Director of Devg1lb ment Services; Chris
Copple, Senior Planner; Ron Butler, Business Manager; Dang�p lleson, Economic Devoe ipment Director; and
Matthew Denton, Town Secretary...
2. Invocation and Pledge of Allegiance.
The invocation was given by Pastor Kris Kennedy, First Baptist
Mayor Niswanger led the Pledge of Allegiance. ''c o-? p' "`
3. Announcements of dates and times of upcomingycommupity events.
Councilmember Wadsworth announced that Rhea's M111 Baptist d1u'r`cR11'W"ould be have a grand opening for their
new building on February 3, 2008 yr
fi�j
Mayor Niswanger announaethat filing:. or the May 10, 2008 election would be taking place from February 9`h
through March 10`h.
EXECUTIVE SESSION����
4. Rece s into ClosediSession in compliance with Section 551.001 et. seq. Texas Government Code, to
cr: •a,�
wit; � ; .'e
a. 'Q, Section 551.087 :to};deliberate on economic development negotiations regarding the Gates of
{P:rosper project.
y
b. Section 551.087 twj'lew,,�idiscuss negotiations with Western Development Group regarding
the Sanitary Sewer Line and Legacy Drive. (ML)
C. Section 551.072'to deliberate the purchase, exchange, lease or value of real property located
at the nort west corner of Church Street and First Street. (WIT)
d. Section 551.097 to deliberate on economic development negotiations regarding projects
within the Town of Prosper. (DT)
Motioned by Councilmember Smith, seconded by Councilmember Dugger to recess into closed session.
Motion approved 6-0.
Councilmember Wadsworth left the meeting at 6:55 p.m.
Page 1 of 5
5. Reconvene into Regular Session and take any action necessary as a result of the Closed Session.
Motioned by Councilmember Smith, seconded by Councilmember Drown to reconvene into regular session.
Motion approved 5-0.
CONSENT AGENDA
6. Consent Agenda
MINUTES ��.
k�4. \k`" i�.Qk}' n;U:�,v^
a. Consider and act upon minutes from the following Council meetingA(MD)
• December 8, 2008 — Regular Town Council Meeting
ORDINANCES, RESOLUTIONS, AND AGREEMENTS
b. An update on the Town's sports fields and/or the i
FINANCIALS
x
C. Consider and act upon the financial statements ending
Motioned by Mayor Pro -Tern Bristol, seconded
to staff recommendations.
Motion approve 5-0.
CITIZEN'S COMMENTS
7. Other Comments
r? •x
There were no comments t
of future sports fields �(WH)
31, 2007. (RB)
the consent agenda subject
REGULAR AGENDA! , " A k ' S : ,k • ti�
�V 4 '.k', •.
PUBLIC HEARINGS,<+ ,
8. ;,&$ublic hearing to consider and'a�cupon a request to rezone 285.5t acres, located on the north and
south side of First Stree �2,650f fe..... st of Coit Road, from Agricultural (A) to Planned
�
Developent-Single Familyz (PD-SF). (Z07-18). (CC)
Chris Copple, Seni6a1pner, gave4council background information on this item.
Doug Mouse!, LandPlanDevelopment, gave a presentation to council on the proposed zoning change.
v(ArAkCrcoxoo
Jim Williams, LandPlan Development, answered questions for council.
Motioned by Councilmember Dugger, seconded by Mayor Pro-Tem Bristol to open the public hearing.
Motion approved 5-0.
Mayor Niswanger opened the public hearing at 7:21 p.m.
There were no comments by the public.
Page 2 of 5
Motioned by Mayor Pro-Tem Bristol, seconded by Councilmember Drown to close the public hearing.
Motion approved 5-0.
Mayor Niswanger closed the public hearing at 7:23 p.m.
Motioned by Councilmember Drown, seconded by Councilmember Smith to approved the requested zoning as
Planned Development -Single Family.
Motion approved 5-0.
9. Presentation of Service Plan and Second Public hearing to consider the voluntary annexation of
approximately 10.0141 acres of land located in the Spencer Graham'Survey, Abstract No.359, and
Vic;
being more generally located +3700 east of Coit Road and +1840 north of E. First Street. (MD)
Motioned b Councilmember Dugger, seconded b Councilmember Smithfitooen�'t1 a public hearing.
Y gg Y
Motion approved 5-0. Y4ns10 k
Mayor Niswanger opened the public hearing at 7:43 p.m.
There were no comments by the public.
Motioned by Councilmember Smith, seconded by Counci
Motion approved 5-0.
Mayor Niswanger closed the public hearing at 7
10. Presentation of Service Plan and SecoddIVutili
approximately 10.85 acres of land located 'in the
more generally located north of Prosper Trail,Aa
Matt Denton, Town Secr
applicant has asked for tl
have to be passed by the
over.
Motioned byl1
Motion apvy,oN
AdX �.
Mayor Nisw� ar
There were no
5-0.
opened the
11
MOW
gave coinW background i'ni
nexation totibe tabled. Matt
0r,:
qy 26, 2UQ8 Town Council
by the
by
:45 p.m.
close the public hearing.
to consider the voluntary annexation of
[orn Survey, Abstract No.412, and being
f Custer Road. (MD)
on this item. He advised the council that the
the applicant the annexation ordinance would
or the annexation process would have to start
Dugger to open the public hearing.
Motioned by Mayorro - %..
B� ol, seconded by Councilmember Dugger to close the public hearing.
Motion approved 5-0. 71
Mayor Niswanger closed the public hearing at 7:46 p.m.
DEPARTMENT ITEMS
11. Review and discuss the Town's financial audit of the 2006-2007 fiscal year. (RB)
Tom Pingleton, Pingleton, Howard and Company, reviewed the Town's financial audit with council. Due to the
council not having the entire audit, the item will be brought back to council at the February 12, 2008 for approval.
Page 3 of 5
12. Discuss the Town's quarterly investment report for the Quarter ending December 31, 2007. (RB)
Ron Butler, Business Manager, reviewed the quarterly investment report for council.
13. Consider and act upon 1) Letter of Agreement with RW Beck to create a Water, Wastewater, and
Utility Business Plan and 2) a resolution authorizing the Town Manager to execute the same. (ML)
Mike Land, Town Manager, gave council background information on this item.
Motioned by Mayor Pro-Tem Bristol, seconded by Councilmember Smith to approved a letter of agreement with
RW Beck and authorize the Town Manager to execute the same.
M1xF
Motion approved 5-0. w
14. Discuss and update Town Council on the Preston 48 Additio&&velopment located in the southwest
quadrant of Prosper Trail and Highway 289. (HW) ' �' :,�•
Hulon Webb, Director of Development Services, gave council background information on'th s tem.
Tom McCabe, owner representative, also answered
15. Consider and act upon 1) the First Amendment t(
Chesney 65, LP, and the Town of Prosper and 2) a
execute the same. (HW)
Hulon Webb, Director of Development Services,
Motioned by Councilmember Smith, seconded by
development agreement subject to staff comments.
Motion approved 5-0.
on the status of the
ipment agreement between MF V
authorizing the Town Manager to
on this item.
to approved the amendment to the
16. Consider and ;a&+�upon 1) Iii'lIr of agreement with HOK for the Town of Prosper Gateway
na«6
Enhancement Studyfkand 2) a resolution authorizidtAhe Town Manager to execute the same. (ML)
Mike Land, Town Manager, gave;, coifncilback` 64fid information on this item. He informed council that the
developers alon the &80 -corridor have agreed to `fund about 80% of the project. The Prosper Economic
DevelopmenrCorporahoft-I so fund g $3200 towards the project.
Motioned'IN%,,Councilmember Smith, seconded by Mayor Pro-Tem Bristol to approve a letter of agreement with
HOK and adop ,a resolution authorizing the,Town Manager to execute the same.
Motion approved-5.:0.
o
17. Consider anddsact upon l) Memorandum of Understanding with ConBrio to facilitate a Town
Ax..
Meeting / Wo ,'I' MCafe'�discussion on Saturday, March 29, 2008 and 2) a resolution authorizing the
Town Manager to execute the same. (ML)
Mike Land, Town Manager, gave council background information on this item.
Motioned by Councilmember Drown, seconded by Councilmember Dugger to approve a memorandum of
understanding and adopt a resolution authorizing the Town Manager to execute the same.
Motion approved 5-0.
18. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
Mayor Pro-Tem Bristol asked staff provide him a list of all the participants in the Developer's Council.
Page 4 of 5
19. Adjourn.
Motioned by Councilmember Smith, seconded by Councilmember Drown to adjourn.
Motion approved 5-0.
The meeting was adjourned at 8:43 p.m.
Atte;
Matt
Tows
Page 5 of 5
IOWN OF
SPER
1. Call to Order / Roll Call.
The meeting was called to order at 6:08 p.m.
MINUTES
Joint Work Session of the Prosper Town Council
and Planning and Zoning Commission
Prosper Middle School - Library
605 E. Seventh Street, Prosper, Texas
Tuesday, January 29, 2008 at 6:00 p.m.
Roll call was taken by the Town Secretary.
Council present included: Mayor Pro-Tem David Bristol, Deputy
Kevin Drown, Mike Wadsworth, and Ray Smith.
Planning and Zoning Commissioners present included: Char`w.
Reno Jones, and Sam Johnson. ,
Staff present included: Mike Land, Town Manager; Hulon'',Wel
Harden, Senior Planner; and Matthew Denton, Town Secretary. v.,a
2. Discuss and give direction on the Gateway Enhancement
Kirk Milliken, HOK, gave a presentation regarding�tfie`'G`ateway Enhr
t •-kj�y�5;
Doug Mousel, LandPlan Development, spoke in favorof theroject?t
„:: Tom Blair, Parks and Recreationard;spoke in favorIMF
e project.
Council instructed staff
3. Discuss and give direct
(Chapter•A-� Section 8 o
Chris Coppae, Senior Planner„g�
The Town :C6uncil members a
standards. Council directed the
standards. WMAWN.
Doug Mousel,
4. Adjourn.
the project.
e Turley, Kenneth Dugger,
DeMattia, Marcris,;Riark, George Dupont,
of Development Services; Wade
Design and Development Standards
information on the item.
anningpnd Zoning Commissioners discussed the design and development
and To n staff to continue to work on and refine the design and development
addressed the council regarding this issue.
Motioned by Councilmember Smith, seconded by Deputy Mayor Pro-Tem Turley to adjourn.
Motion approved 5-0.
The meeting was adjourned at 7:30 p.m.
Page 1 of 2
Attest:
Matthew D. Denton, TRMC
Town Secretary
Charles Niswanger, Mayor
Page 2 of 2
ISPER
OWN OF
1. Call to Order / Roll Call.
The meeting was called to order at 5:35 p.m.
MINUTES
Special Meeting of the Prosper Town Council
Town Hall
121 W Broadway Street, Prosper, Texas
Monday, February 4, 2008 at 5:30 p.m.
Council present included: Mayor Charles Niswanger, Mayor Pro-:
1.
Dave Turley, Kenneth Dugger, Kevin Drown, Mike Wadsworth, and;;
EXECUTIVE SESSION
s,On.
{
2. Recess into Closed Session in compliance witli, Section 5�
wit;
a. Section 551.087 to deliberaW,'o
Prosper project.
Motioned by Councilmember Smith, seconded by
Motion approved 7-0.
Council recessed into closed
Motioned by
session.
Motion annrc
Motioned by Deo
Motion approved 7
The meeting was
Attest:
Matthew D. Denton, TRMC
Town Secretary
id Bristol Deputy Mayor Pro-Tem
eq. Texas Government Code, to
10
economic developmebt negotiations regarding the Gates of
to recess into closed session.
take any action necessary as a result of the Closed Session
eq. by Deputy Mayor Pro-Tem Turley to reconvene into regular
Turley, seconded by Councilmember Smith to adjourn.
Charles Niswanger, Mayor
Page 1 of 1
PARKS AND
RECREATION
To: Mayor and Town Council
From: Wade Harden, Senior Planner
Cc: Mike Land, Town Manager
Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Re: Sports Field Update — Town Council Mtg. February 12, 2008
Date: February 4, 2008
Agenda Item:
An update on the Town's sports fields and/or the construction of future sports fields.
Description of Agenda Item:
At the June 12, 2007 meeting, a request was made by Councilmember Wadsworth to have an
update on the Town's sports fields and/or the construction of future sports fields on future
agendas. Currently, the Parks and Recreation Board (PARBd) and Town staff are considering
the following options at Folsom Park and on the 57 acre community park site.
1. Folsom Park (located next to Folsom Elementary in the La Cima subdivision):
Staff is awaiting notification from TPWD for a 50% matching grant (up to $390,000) that
was submitted to use as leverage funds with the recently approved Collin County Grant
(up to $390,000). La Terra Studio has completed the first of four tasks of the design
contract. A few conceptual plans have been reviewed by the PARBd and one selected
as a basis for the design (Concept "C"). This design will go through further development
and early construction documents for PARBd review later this month. The anticipated
bid date is planned for this March with a fall completion date.
2. 57 acre community park site (adjacent to the future Prosper ISD athletic stadium, south
side of Frontier Parkway, west of the BNSF Railroad):
At the August 23, 2007 PARBd meeting Fred Montes, AIA of PBK presented conceptual
master plans for the 57 acre community park site. The Parks Board directed Town staff
to meet with Prosper ISD, Prosper Sports Association (PSA), and Prosper Area Soccer
Organization (PASO) to discuss the proposed design. Staff initiated contact with PSA
and PASO, and should be meeting with Prosper ISD in the near future. Town staff has
requested a formal proposal for design services from PBK to present to PARBd and
Town Council.
Town Manager Mike Land has met with Prosper ISD to discuss the creation of a Master
Plan for the entire site, including the Prosper ISD parcel. Staff has contacted PBK
requesting an update on the status of the Project.
Town Staff is waiting on PBK to submit a revised contract that better reflects the scope
of work for the master planning of the site. This project has a tentative completion date
of Summer of 09' for Phase I.
Agenda Item No. 5b - Page 7 of 3
Attached Documents:
Concept "C"
Town Staff Recommendation:
No action needs to be taken on this item.
Agenda Item No. 5b - Page 2 of 3
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Agenda Item No. 5b - Page 3 of 3
PLANNING
p T SPER
To: Mayor and Town Council
From: Chris Copple, Senior Planner
Cc: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Re: Town Council Meeting — February 12, 2008
Date: February 7, 2008
Agenda Item:
Consider and act upon 1) a Partial Assignment and Assumption of Agreement between MF VII
Prosper 41, LP, and Western Rim Investors 2007-4, L.P., and 2) approve a resolution
authorizing the Town Manager to execute the same.
Description of Agenda Item:
Western Rim Investors 2007-4, L.P. has purchased property from MF VII Prosper 41, LP, which
is part of the La Cima Development Agreement. The La Cima Development Agreement allows
MF VII Prosper 41, LP to assign their duties, responsibilities, obligations, rights, and
entitlements subject to approval of the Town. Therefore, MF VII Prosper 41, L.P. is seeking to
assign their duties, responsibilities, obligations, rights, and entitlements to Western Rim
Investors 2007-4, L.P.
Budget Impact:
There are no significant budget implications associated with this item.
Legal Obligations and Review:
Review of this item by the Town Attorney is not required.
Attached Documents:
1. The Partial Assignment and Assumption of Agreement between MF VII Prosper 41, LP,
and Western Rim Investors 2007-4, L.P.
2. A resolution authorizing the Town Manager to execute a Partial Assignment and
Assumption of Agreement between MF VII Prosper 41, LP, and Western Rim Investors
2007-4, L.P.
Town Staff Recommendation:
Town staff recommends the Town Council 1) approve a Partial Assignment and Assumption of
Agreement between MF VII Prosper 41, LP, and Western Rim Investors 2007-4, L.P., and 2)
approve a resolution authorizing the Town Manager to execute the same.
Agenda Item No. 5c — Page 1 of 1
TOWN OF PROSPER, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER
OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE A PARTIAL
ASSIGNMENT AND ASSUMPTION OF AGREEMENT BETWEEN MF
VII PROSPER 41, LP, AND WESTERN RIM INVESTORS 2007-4, L.P.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: The 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
partial assignment and assumption of agreement between MF VII Prosper 41, LP, and
Western Rim Investors 2007-4, L.P.
SECTION 2: Resolved by affirmative vote of the Town Council on the 12th day of
February, 2008.
Charles Niswanger, Mayor
ATTEST:
Matthew Denton, Town Secretary
PARTIAL ASSIGNMENT AND ASSUMPTION OF AGREEMENT
THIS PARTIAL ASSIGNMENT AND ASSUMPTION OF AGREEMENT (this
"Assignment") is made to be effective as of the 20`' day of December, 2007, among
MF VII PROSPER 41, LP, a Texas limited partnership ("MF VII") and WESTERN
RIM INVESTORS 2007-4, L.P., a Texas limited partnership ("Western").
WITNESSETH:
WHEREAS, Mustang -Midway Plano, Ltd. ("Mustang"), the Town of Prosper,
Texas (the "Town"), and PDC 380 PROSPER, LTD., a Texas limited partnership entered
into that certain Developer's Agreement (the "Original Agreement") dated October 26,
2004, and recorded in Volume 5814, Page 4279 of the Land Records of Collin County,
Texas, whereby Mustang was granted certain rights and undertook certain obligations
relating to that certain property owned by Mustang as described therein (the "Property");
and
WHEREAS, the Developer's Agreement was subsequently amended on June 22,
2005, by First Amendment to Developer's Agreement recorded in Volume 5947,
Page 2550 of the Land Records of Collin County, Texas (the "First Amendment"). The
Original Agreement, as amended by the First Amendment, is herein referred to as the
"Development Agreement"); and
WHEREAS, by Special Warranty Deed dated of even date herewith, Western
acquired from MF VII a portion of the Property, being that certain property (the "Western
Pro a ") more particularly described on Exhibit A attached hereto and made a part
hereof for all purposes;
WHEREAS, Section 21(1) of the Developer's Agreement provides, among other
things, that the Developer's Agreement runs with the land, and that notice to the Town of
any transfer, sale or conveyance thereof is required; and
WHEREAS, in order to comply with said Section 21(1), and to provide for orderly
and proper development of the Property and the Western Property, MF VII desires to
partially assign to Western its rights and obligations under the Developer's Agreement
relating to the Western Property, and Western desires to accept such partial assignment
and assume and agree to perform such rights and obligations thereunder, pursuant and
subject to the terms and provisions hereof.
NOW, THEREFORE, for and in consideration of the sum of Ten and No,!100
Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the parties agree as follows:
T:\TDH\Fi1es\BEATY\471 \Part Assign Assum Agr Tract I I.wpd
1. MF VII hereby grants, sells, assigns, transfers and conveys to Western,
MF VII's rights, titles, interests, powers and duties in, to and under the Developer's
Agreement, to the extent, and only to the extent, such rights, titles, interests, powers and
duties pertain to the Western Property.
2. Western hereby accepts such partial assignment and agrees to be bound
by, perform and assume the remaining obligations, duties and responsibilities of MF VII
contained in the Developer's Agreement to the extent, and only to the extent, such
obligations, duties and responsibilities pertain to the Western Property.
3. Western and MF VII shall separately be responsible for dedications and
impact fees, and solely entitled to impact fee credits arising under the terms of the
Developer's Agreement, allocable to the respective portions of the Property that each
owns.
4. Western covenants and agrees to indemnify, defend and hold harmless MF
VII from and against any and all liabilities, damages, claims, causes of action, costs and
expenses (including, without limitation, and intended by way of example only,
reasonable attorney's fees, disbursements and amounts paid on final judgments or final
arbitration awards) arising out of Western's failure to perform the remaining obligations,
duties and responsibilities assumed by Western in Paragraph 2 above.
5. All of the covenants, terms and conditions set forth herein shall be binding
upon and shall inure to the benefit of the parties hereto and their respective successors
and assigns.
6. This Agreement may be executed in a number of identical counterparts,
each of which will be deemed an original for all purposes and which together constitute
the agreement of the parties.
7. Upon recordation of this Assignment, notices to "Mustang" under the
Developer's Agreement as they pertain to the Western Property only shall be provided to:
Western Rim Investors 2007-4, L.P.
601 Canyon Drive, Suite 101
Coppell, Texas 75019
8. The Developer's Agreement and First Amendment are incorporated into
this Assignment for all purposes as if fully set forth herein.
IN WITNESS WHEREOF, MF VII and Western have executed this Assignment
under seal as of the day and year first above written.
[SIGNATURE PAGES FOLLOW]
2 T:\TDH\Files\BEATY\471 \Part Assign Assum Agr Tract I I.wpd
MF VII:
MF VII PROSPER 41, LP,
a Texas limited partnership
By: MF VII PROSPER 41 GP, INC.,
a Texas corporation - General Partner
By(.
Michael G. Beaty, President
STATE OF TEXAS §
COUNTY OF COLLIN §
This instrument was acknowledged before me on December 0�' 2007, by
MICHAEL G. BEATY, President of MF VII PROSPER 41 GP, INC., a Texas
corporation and the general partner of MF VII PROSPER 41, LP, a Texas limited
partnership, on behalf of said entities. 1---)
CARMEN RAMIREZ _
Notary Public Notary P tc, State of Texas
TE OF TEXAS
M,I- "'4,4iln
�ires 04N 1; 20�9
(Printed or Typed Name of Notary)
3 T:\TDH\Fi1es\BEATY\471 \Part Assign Assum Agr Tract Il.wpd
WESTERN:
WESTERN RIM INVESTORS 2007-4, L.P.,
a Texas limited partnership
By: WESTERN RIM GENPAR 07-4, L.P.,
a Texas limited partnership
- General Partner
By: WESTERN RIM;KVES
ADVISORS 07"-4, LLC,
a Texas limited li ility c
- General partner
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on the day of December,
2007, by MARCUS D. HILES, Presiding Member and Chief Executive Officer of
WESTERN RIM INVESTMENT ADVISORS 07-4, LLC, a Texas limited liability
company and general partner of WESTERN RIM GENPAR 07-4, L.P., a Texas limited
partnership and general partner of WESTERN RIM INVESTORS 2007-4, L.P., a Texas
limited partnership, on behalf of said entities.
My Commission Expires:
'I - 22- Oct
Shannon C. Johrwm
. Notary Pd*
State of Texas
MY Comm. Exp. 7 &- .
0 1)
Na-0
`
Notary Public, State o exas
8 ninon 0. JDhhwn
(Printed or Typed Name of Notary)
4 T:\TDH\Files\BEATY\471\Part Assign Assum Agr Tract Il.wpd
The Town joins herein to evidence its approval to this Assignment and satisfaction of the
terms and provisions of Section 21(1) of the Development Agreement.
TOWN OF PROSPER, TEXAS
Name:
Title:
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before
200_, by
of the TOWN OF PROSPER,
My Commission Expires:
me on the day of
TEXAS, on behalf of said Town.
Notary Public, State of Texas
(Printed or Typed Name of Notary)
5 T:\TDH\Files\BEATY\471\Part Assign Assum Agr Tract II.wpd
Exhibit "A"
File Number: 102390
Description:
The land referred to herein is situated in the State of Texas, County of Collin described as follows:
BEING a parcel of land situated in the Town of Prosper, Collin County, Texas, a part of the H. Jamison Survey, Abstract No.
480, and being all of that 12.687 acre tract of land conveyed to MF VII Prosper 41, LP as recorded in Document Number
20060828001229900, Collin County Deed Records, and being a part of that 29.783 acre tract of land conveyed to MF VII
Prosper 41, LP as recorded in Document Number 20070214000206720, Collin County Deed Records, and being further
described as follows:
COMMENCING at a one-half inch iron rod set at the northeast corner of said 29.7 83 acre tract of land, said point being the
intersection of the west right-of-way line of Coit Road (County Road No. 74, a 60 foot wide right-of-way) with the southeast
line of a 170 foot wide electric easement described in a deed to Texas Power & Light Company as recorded in Volume 805,
Page 413, Collin County Deed Records:
THENCE along the west right-of-way line of Coit Road as follows:
South 01 degrees 47 minutes 13 seconds East, 387.53 feet to a one-half inch iron rod set for corner;
South 01 degrees 13 minutes 24 seconds East, 735.28 feet to a one-half inch iron rod set for corner at the POINT OF
BEGINNING of this tract of land;
THENCE South 01 degrees 13 minutes 24 seconds East, 96.21 feet along the west right- of -way line of Coit Road to a
one-half inch iron rod set at the southeast corner of said 29.783 acre tract of land;
THENCE South 49 degrees 57 minutes 41 seconds West, 977.14 feet along the south line of said 29.783 acre tract of
land to a one-half inch iron rod set for corner;
THENCE South 88 degrees 34 minutes 45 seconds West along the south line of said 29.783 acre tract of land, at 173.35
feet passing a one-half inch iron rod found at the southwest corner of said 29.783 acre tract of land and at the southeast
corner of said 12.687 acre tract of land, and continuing along the south line of said 12.687 acre tract of land, in all a total
distance of 1512.63 feet to a one-half inc iron rod found the southwest corner of said 12.687 acre tract of land, said point
being in the southeast line of said Texas Power & Light Company easement;
THENCE North 49 degrees 48 minutes 07 seconds East along the northwest line of said 12.687 acre tract of land and along
the southeast line of said Texas Power & Light Company easement, at 1064.82 feet passing a one-half inch iron rod found
at the northeast corner of said 12.687 acre tract of land and at the northwest corner of said 29.7 83 acre tract of land, and
continuing along the southeast line of said Texas Power & Light Company easement, in all a total distance of 1526.64 feet
to a one-half inch iron rod set for corner;
THENCE South 40 degrees 11 minutes 53 seconds East, 873.36 feet to a one-half inch iron rod set for corner
THENCE North 49 degrees 57 minutes 41 seconds East, 690.24 feet to the POINT OF BEGINNING and containing 937,337
square feet or 21.518 acres of land, more or less.
Note: COMPANY DOES NOT REPRESENT THAT THAT ACREAGE AND/OR SQUARE FOOTAGE CALCULATIONS ARE
CORRECT.
APN:
Vag, 1 urI File # 102390
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TOWN OF PROSPER, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER
OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE A PARTIAL
ASSIGNMENT AND ASSUMPTION OF AGREEMENT BETWEEN MF
VII PROSPER 41, LP, AND WESTERN RIM INVESTORS 2007-4, L.P.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: The 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
partial assignment and assumption of agreement between MF VII Prosper 41, LP, and
Western Rim Investors 2007-4, L.P.
SECTION 2: Resolved by affirmative vote of the Town Council on the 12'h day of
February, 2008.
Charles Niswanger, Mayor
ATTEST:
Matthew Denton, Town Secretary
PLANNING
p
TOWN
SPER.
To: Mayor and Town Council
From: Chris Copple, Senior Planner
Cc: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Re: Town Council Meeting — February 12, 2008
Date: February 7, 2008
Agenda Item:
Consider and act upon 1) a Partial Assignment and Assumption of Agreement between
Mooreland Fund III 380 Comm Office, LP, and Virginia Ridge Properties, LTD., and 2) approve
a resolution authorizing the Town Manager to execute the same.
Description of Agenda Item:
Virginia Ridge Properties, LTD. has purchased property from Mooreland Fund III 380 Comm
Office, LP, which is part of the La Cima Development Agreement. The La Cima Development
Agreement allows Mooreland Fund III 380 Comm Office, LP to assign their duties,
responsibilities, obligations, rights, and entitlements subject to approval of the Town. Therefore,
Mooreland Fund III 380 Comm Office, LP is seeking to assign their duties, responsibilities,
obligations, rights, and entitlements to Virginia Ridge Properties, LTD.
Budget Impact:
There are no significant budget implications associated with this item.
Legal Obligations and Review:
Review of this item by the Town Attorney is not required.
Attached Documents:
1. The Partial Assignment and Assumption of Agreement between Mooreland Fund III 380
Comm Office, LP, and Virginia Ridge Properties, LTD.
2. A resolution authorizing the Town Manager to execute a Partial Assignment and
Assumption of Agreement between Mooreland Fund III 380 Comm Office, LP, and
Virginia Ridge Properties, LTD.
Town Staff Recommendation:
Town staff recommends the Town Council 1) approve a Partial Assignment and Assumption of
Agreement between Mooreland Fund III 380 Comm Office, LP, and Virginia Ridge Properties,
LTD, and 2) approve a resolution authorizing the Town Manager to execute the same.
Agenda Item No. 5d — Page 1 of 1
PARTIAL ASSIGNMENT AND ASSUMPTION OF AGREEMENT
THIS PARTIAL ASSIGNMENT AND ASSUMPTION OF AGREEMENT (this
"Assi nment") is made to be effective as of the day of December, 2007, among
MOORELAND FUND III 380 COMM OFFICE, LP, a Texas limited partnership ("MF III")
and VIRGINIA RIDGE PROPERTIES, LTD., a Texas limited partnership ("Virginia Ridge").
WITNESSETH:
WHEREAS, Mustang -Midway Plano, Ltd. ("Mustang"), the Town of Prosper, Texas (the
"Town"), and PDC 380 PROSPER, LTD., a Texas limited partnership entered into that certain
Developer's Agreement (the "Original Agreement") dated October 26, 2004, and recorded in
Volume 5814, Page 4279 of the Land Records of Collin County, Texas, whereby Mustang was
granted certain rights and undertook certain obligations relating to that certain property owned
by Mustang as described therein (the "Pro a "); and
WHEREAS, the Original Agreement was subsequently amended on June 22, 2005, by
First Amendment to Developer's Agreement recorded in Volume 5947, Page 2550 of the Land
Records of Collin County, Texas (the "First Amendment'). The Original Agreement, as
amended by the First Amendment, is herein referred to as the "Developer's Agreement"); and
WHEREAS, by General Warranty Deed dated of even date herewith, Virginia Ridge
acquired from MF III a portion of the Property, being that certain property (the "Virginia Ridge
Pro a ") more particularly described on Exhibit A attached hereto and made a part hereof for
all purposes;
WHEREAS, Section 21(1) of the Developer's Agreement provides, among other things,
that the Developer's Agreement runs with the land, and that notice to the Town of any transfer,
sale or conveyance thereof is required; and
WHEREAS, in order to comply with said Section 21(1), and to provide for orderly and
proper development of the Property and the Virginia Ridge Property, MF III desires to partially
assign to Virginia Ridge its rights and obligations under the Developer's Agreement relating to
the Virginia Ridge Property, and Virginia Ridge desires to accept such partial assignment and
assume and agree to perform such rights and obligations thereunder, pursuant and subject to the
terms and provisions hereof.
NOW, THEREFORE, for and in consideration of the sum of Ten and No/100 Dollars
($10.00) and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties agree as follows:
1. MF III hereby grants, sells, assigns, transfers and conveys to Virginia Ridge, MF
III's rights, titles, interests, powers and duties in, to and under the Developer's Agreement, to the
extent, and only to the extent, such rights, titles, interests, powers and duties pertain to the
Virginia Ridge Property.
T:\TDH\Fi1es\BEATY\218\Part Assign Assum Agr VA Ridge.wpd
2. Virginia Ridge hereby accepts such partial assignment and agrees to be bound by,
perform and assume the remaining obligations, duties and responsibilities of MF III contained in
the Developer's Agreement to the extent, and only to the extent, such obligations, duties and
responsibilities pertain to the Virginia Ridge Property.
3. Virginia Ridge and MF III shall separately be responsible for dedications and
impact fees, and solely entitled to impact fee credits arising under the terms of the Developer's
Agreement, allocable to the respective portions of the Property that each owns.
4. Virginia Ridge covenants and agrees to indemnify, defend and hold harmless MF
III from and against any and all liabilities, damages, claims, causes of action, costs and expenses
(including, without limitation, and intended by way of example only, reasonable attorney's fees,
disbursements and amounts paid on final judgments or final arbitration awards) arising out of
Virginia Ridge's failure to perform the remaining obligations, duties and responsibilities
assumed by Virginia Ridge in Paragraph 2 above.
5. All of the covenants, terms and conditions set forth herein shall be binding upon
and shall inure to the benefit of the parties hereto and their respective successors and assigns.
6. This Agreement may be executed in a number of identical counterparts, each of
which will be deemed an original for all purposes and which together constitute the agreement of
the parties.
7. Upon recordation of this Assignment, notices to "Mustang" under the Developer's
Agreement as they pertain to the Virginia Ridge Property only shall be provided to:
Virginia Ridge Properties, Ltd.
601 Broad Leaf Lane
McKinney, Texas 75070
8. The Developer's Agreement and First Amendment are incorporated into this
Assignment for all purposes as if fully set forth herein.
IN WITNESS WHEREOF, MF III and Virginia Ridge have executed this Assignment
under seal as of the day and year first above written.
[SIGNATURE PAGES FOLLOW]
2 T:\TDH\Fi1es\BEATY\218\Part Assign Assum Agr VA Ridge.wpd
MF III:
MOORELAND FUND III 380 COMM OFFICE, LP,
a Texas limited partnership
By: MOORELAND FUND GENERAL PARTNER, INC.,
a Texas corporation - General Partner
By:
Lz�=
Michael G. Beaty, President
STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on December , 2007, by
MICHAEL G. BEATY, President of MOORELAND FUND GENERAL PARTNER, INC.,
a Texas corporation and the general partner of MOORELAND FUND III 380 COMM OFFICE,
LP, a Texas limited partnership, on behalf of said entities.
My Commission Expires:
a L4 , Do o g
CWERIE WATSON
Notary Public
State of Texas
*Commission Expires
...... '` July 24, 2008
Notary Public, State of Texas
Nen �-- Uj �.-
(Printed or Typed Name of Notary)
3 T:\TDHTi1es\BEATY\218\Part Assign Assum Agr VA Ridge.wpd
VIRGINIA RIDGE:
VIRGINIA RIDGE PROPERTIES, LTD.,
a Texas limited partnership
By: VIRGINIA RIDGE PROPERTIES I, INC.,
a Texas corporation - General Partner
By:
Stephanid Crise, President
THE STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on the 1,4 day of December, 2007,
by STEPHANIE CRISE, President of VIRGINIA RIDGE PROPERTIES I, INC., a Texas
corporation and general partner of VIRGINIA RIDGE PROPERTIES, LTD., a Texas limited
partnership, on behalf of said entities.
STEPHANIE K. FUNK
Notary Public, State of Texas
= ' My Commission Expires
September 06, 2010
—VOt Public, State of Texas
My Commission Expires:
(� 2 D 1 C) (Print or Typed Name of Notary)
4 T:\TDH\Files\BEATY\218\Part Assign Assum Agr VA Ridge.wpd
The Town joins herein to evidence its approval to this Assignment and satisfaction of the terms
and provisions of Section 21(1) of the Development Agreement.
TOWN OF PROSPER, TEXAS
Name:
Title:
THE STATE OF TEXAS
M-618M "Oil
This instrument was acknowledged before me on the
by ,
TEXAS, on behalf of said Town.
My Commission Expires:
day of December, 2007,
of the TOWN OF PROSPER,
Notary Public, State of Texas
(Printed or Typed Name of Notary)
T:\TDH\Files\BEATY\218\Part Assign Assum Agr VA Ridge wpd
Exhibit "A"
File Number: 102468
Description:
(PROPOSED LOT 1, BLOCK A, WHISPERING GABLES)
The land referred to herein is situated in the State of Texas, County of Collin described as follows:
BEING all that tract of land in the Town of Prosper, Collin County, Texas, being a part of the H. JAMISON SURVEY,
ABSTRACT No. 480, and being a part of a tract of land described as Tract Two in deed to Mooreland Fund III 380
Comm. Office, L.P. as recorded in Volume 6072, Page 4058, Collin County Deed Records, and being further described
as follows:
BEGINNING at a one-half inch iron rod with yellow cap stamped "J&B" set at the north corner of said Tract Two, said
point being in the southeast line of a pipeline easement granted to the City of Irving, Texas as recorded in Volume 5168,
Page 2935, Collin County Deed Records, said point also being in the west right-of-way line of Coit Road (County Road
No. 74, a variable width right-of-way), said point also being in the west line of a 60 foot right-of-way dedication to the
Town of Prosper as recorded in Volume 5844, Page 4500, Collin County Deed Records;
THENCE South 01 degrees 13 minutes 24 seconds East, 246.80 feet along the east line of said Tract Two and along the
west line of Coit Road to a one-half inch iron rod set for corner;
THENCE South 02 degrees 35 minutes 27 seconds West, 55.08 feet along the proposed right-of-way line of Coit Road
to a one-half inch iron rod set for corner;
THENCE North 87 degrees 24 minutes 33 seconds West, 118.60 feet to a one-half inch iron rod set for corner;
THENCE South 49 degrees 57 minutes 41 seconds West, 242.20 feet to a one-half inch iron rod set for corner;
THENCE South 88 degrees 34 minutes 45 seconds West, 37.00 feet to a one-half inch iron rod set for corner;
THENCE North 01 degrees 25 minutes 15 seconds West, 7.29 feet to a one-half inch iron rod set for corner;
THENCE North 40 degrees 02 minutes 44 seconds West, 123..1 feet to a one-half inch iron rod set in the northwest
line of said Tract Two, said point being in the southeast line of said pipeline easement;
THENCE North 49 degrees 57 minutes 41 seconds East, 545.84 feet along the northeast line of said Tract Two and the
southeast line of said pipeline easement to the POINT OF BEGINNING and containing 80,051 square feet or 1.837
acres of land.
Page 1 dl File # 102468
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TOWN OF PROSPER, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER
OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE A PARTIAL
ASSIGNMENT AND ASSUMPTION OF AGREEMENT BETWEEN
MOORELAND FUND III 380 COMM OFFICE, LP, AND VIRGINIA
RIDGE PROPERTIES, LTD.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: The 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
partial assignment and assumption of agreement between Mooreland Fund III 380
Comm Office, LP, and Virginia Ridge Properties, LTD.
SECTION 2: Resolved by affirmative vote of the Town Council on the 12th day of
February, 2008.
Charles Niswanger, Mayor
ATTEST:
Matthew Denton, Town Secretary
PLANNING
To: Mayor and Town Council
From: Chris Copple, Senior Planner
Cc: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Re: Town Council Meeting — February 12, 2008
Date: February 7, 2008
Aaenda Item:
Consider and act upon 1) a Partial Assignment and Assumption of Agreement between
Mooreland Fund III 380 Comm Office, LP, and Pineview Woods, L.P., and 2) approve a
resolution authorizing the Town Manager to execute the same.
Description of Agenda Item:
Pineview Woods, L.P. has purchased property from Mooreland Fund III 380 Comm Office, LP,
which is part of the La Cima Development Agreement. The La Cima Development Agreement
allows Mooreland Fund III 380 Comm Office, LP to assign their duties, responsibilities,
obligations, rights, and entitlements subject to approval of the Town. Therefore, Mooreland
Fund III 380 Comm Office, LP is seeking to assign their duties, responsibilities, obligations,
rights, and entitlements to Pineview Woods, L.P.
Budget Impact:
There are no significant budget implications associated with this item.
Legal Obligations and Review:
Review of this item by the Town Attorney is not required.
Attached Documents:
1. The Partial Assignment and Assumption of Agreement between Mooreland Fund III 380
Comm Office, LP, and Pineview Woods, L.P.
2. A resolution authorizing the Town Manager to execute a Partial Assignment and
Assumption of Agreement between Mooreland Fund III 380 Comm Office, LP, and
Pineview Woods, L.P.
Town Staff Recommendation:
Town staff recommends the Town Council 1) approve a Partial Assignment and Assumption of
Agreement between Mooreland Fund III 380 Comm Office, LP, and Pineview Woods, L.P, and
2) approve a resolution authorizing the Town Manager to execute the same.
Agenda Item No. Se — Page 1 of 1
PARTIAL ASSIGNMENT AND ASSUMPTION OF AGREEMENT
THIS PARTIAL ASSIGNMENT AND ASS MPTION OF AGREEMENT (this
"Assi nment") is made to be effective as of the / day of December, 2007, among
MOORELAND FUND III 380 COMM OFFICE, LP, a Texas limited partnership ("MF III")
and PINEVIEW WOODS, L.P., a Texas limited partnership ("Pineview Woods").
WITNESSETH:
WHEREAS, Mustang -Midway Plano, Ltd. ("Mustan"), the Town of Prosper, Texas (the
"Town"), and PDC 380 PROSPER, LTD., a Texas limited partnership entered into that certain
Developer's Agreement (the "Original Agreement') dated October 26, 2004, and recorded in
Volume 5814, Page 4279 of the Land Records of Collin County, Texas, whereby Mustang was
granted certain rights and undertook certain obligations relating to that certain property owned
by Mustang as described therein (the "Pro a "); and
WHEREAS, the Original Agreement was subsequently amended on June 22, 2005, by
First Amendment to Developer's Agreement recorded in Volume 5947, Page 2550 of the Land
Records of Collin County, Texas (the "First Amendment'). The Original Agreement, as
amended by the First Amendment, is herein referred to as the "Developer's Agreement"), and
WHEREAS, by General Warranty Deed dated of even date herewith, Pineview Woods
acquired from MF III a portion of the Property, being that certain property (the "Pineview
Woods Property") more particularly described on Exhibit A attached hereto and made a part
hereof for all purposes;
WHEREAS, Section 21(1) of the Developer's Agreement provides, among other things,
that the Developer's Agreement runs with the land, and that notice to the Town of any transfer,
sale or conveyance thereof is required; and
WHEREAS, in order to comply with said Section 21(1), and to provide for orderly and
proper development of the Property and the Pineview Woods Property, MF III desires to
partially assign to Pineview Woods its rights and obligations under the Developer's Agreement
relating to the Pineview Woods Property, and Pineview Woods desires to accept such partial
assignment and assume and agree to perform such rights and obligations thereunder, pursuant
and subject to the terms and provisions hereof.
NOW, THEREFORE, for and in consideration of the sum of Ten and No/100 Dollars
($10.00) and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties agree as follows:
1. MF III hereby grants, sells, assigns, transfers and conveys to Pineview Woods,
MF III's rights, titles, interests, powers and duties in, to and under the Developer's Agreement, to
the extent, and only to the extent, such rights, titles, interests, powers and duties pertain to the
Pineview Woods Property.
T;\TDH\F11es\BFATY\218\Part Assign Assum Agr Pineviewmpd
2. Pineview Woods hereby accepts such partial assignment and agrees to be bound
by, perform and assume the remaining obligations, duties and responsibilities of MF III
contained in the Developer's Agreement to the extent, and only to the extent, such obligations,
duties and responsibilities pertain to the Pineview Woods Property.
3. Pineview Woods and MF III shall separately be responsible for dedications and
impact fees, and solely entitled to impact fee credits arising under the terms of the Developer's
Agreement, allocable to the respective portions of the Property that each owns.
4. Pineview Woods covenants and agrees to indemnify, defend and hold harmless
MF III from and against any and all liabilities, damages, claims, causes of action, costs and
expenses (including, without limitation, and intended by way of example only, reasonable
attorney's fees, disbursements and amounts paid on final judgments or final arbitration awards)
arising out of Pineview Woods's failure to perform the remaining obligations, duties and
responsibilities assumed by Pineview Woods in Paragraph 2 above.
5. All of the covenants, terms and conditions set forth herein shall be binding upon
and shall inure to the benefit of the parties hereto and their respective successors and assigns.
6. This Agreement may be executed in a number of identical counterparts, each of
which will be deemed an original for all purposes and which together constitute the agreement of
the parties.
7. Upon recordation of this Assignment, notices to "Mustang" under the Developer's
Agreement as they pertain to the Pineview Woods Property only shall be provided to:
Pineview Woods, L.P.
800 Eagle Pass
Heath, Texas 75032
8. The Developer's Agreement and First Amendment are incorporated into this
Assignment for all purposes as if fully set forth herein.
IN WITNESS WHEREOF, MF III and Pineview Woods have executed this Assignment
under seal as of the day and year first above written.
[SIGNATURE PAGES FOLLOW]
2 T:\TDH\Fi1es\BEATY\218\Part Assign Assum Agr Pineview.wpd
MF III:
MOORELAND FUND III 380 COMM OFFICE, LP,
a Texas limited partnership
By: MOORELAND FUND GENERAL PARTNER, INC.,
a Texas corporation - General Partner
Michael G. Beaty, President
STATE OF TEXAS
COUNTY OF e0ttffi
This instrument was acknowledged before me on December I ?J , 2007, by
MICHAEL G. BEATY, President of MOORELAND FUND GENERAL PARTNER, INC.,
a Texas corporation and the general partner of MOORELAND FUND III 380 COMM OFFICE,
LP, a Texas limited partnership, on behalf of said entities.
My Commission Expires:
- WATSOI'
r `C •.
I.v Public
¢ of Texas
mission Expires
2008
Notary Public, State of Texas
C'.I �� � c�oh
(Printed or Typed Name of Notary)
w: CHERIE WATSON
Notary Public
is =t`•
State of Texas
y`►
My
commission Expires July 24, 2008
3 T:\TDH\Fi1es\BEATY\218\Part Assign Assum Agr Pineview.wpd
PINEVIEW WOODS:
PINEVIEW WOODS, L.P.,
a Texas limited partnership
By: THS PROPERTIES, L.L.C.,
a Texas limj*d liability company
LIM
THE STATE OF TEXAS
COUNTY OF;�;-�=.-!
L.
This instrument was acknowledged before me on the 1414.% day of December, 2007,
by SHIRLEY L. SMITH, Manager of THS PROPERTIES, L.L.C., a Texas limited liability
company and general partner of PINEVIEW WOODS, L.P.y Texas limited partnership, on
behalf of said entities.
My Commission Expires:
a MCPEAK_ (Printed or Typed Name of Notary)
MY COMMISSION EXPIRES
�" August 6, 2008
iz8.1F
4 TATDH1Files\BEATY121 Wart Assign Assum Agr Pinewewmpd
The Town joins herein to evidence its approval to this Assignment and satisfaction of the terms
and provisions of Section 21(1) of the Development Agreement.
TOWN OF PROSPER, TEXAS
Name:
Title:
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on the
by
TEXAS, on behalf of said Town.
My Commission Expires:
day of December, 2007,
of the TOWN OF PROSPER,
Notary Public, State of Texas
(Printed or Typed Name of Notary)
5 T:\TDH\Files\BEATY\218\Part Assign Assum Agr Pineview wpd
Exhibit "A"
File Number: 103423
Description:
The land referred to herein is situated in the State of Texas, County of Collin described as follows:
BEING all that tract of land in the Town of Prosper, Collin County, Texas, being a part of the H. JAMISON SURVEY, ABSTRACT
No. 480, and being a part of a tract of land described as Tract Two in deed to Mooreland Fund III 380 Comm. Office, L.P. as recorded
in Volume 6072, Page 4058, Collin County Deed Records, and being further described as follows:
COMMENCING at a one-half inch iron rod with yellow cap stamped "J&B" set at the north corner of said Tract Two, said point being
in the southeast line of a pipeline easement granted to the City of Irving, Texas as recorded in Volume 5168, Page 2935, Collin
County Deed Records, said point also being in the west right-of-way line of Coit Road (County Road No. 74, a variable width right-
of-way), said point also being in the west line of a 60 foot right-of-way dedication to the Town of Prosper as recorded in Volume
5844, Page 4500, Collin County Deed Records;
THENCE South 01 degrees 13 minutes 24 seconds East, 246.80 feet along the east line of said Tract Two and along the west line of
Coit Road to a one-half inch iron rod set for corner;
THENCE South 02 degrees 35 minutes 27 seconds West, 55.08 feet along the proposed right-of-way line of Coit Road to a one-half
inch iron rod set for corner at the POINT OF BEGINNING of this tract of land;
THENCE along the proposed right-of-way line of Coit Road as follows:
South 02 degrees 35 minutes 27 seconds West, 95.42 feet to a one-half inch iron rod set for corner;
South 01 degrees 13 minutes 24 seconds East, 173.76 feet to a one-half inch iron rod set for corner, said point being in the north line
of Richland Boulevard (a variable width right-of-way) as recorded in Volume 2006, Page 837, Collin County Plat Records;
THENCE along the north line of Richland Boulevard as follows:
South 43 degrees 40 minutes 40 seconds West, 41.32 feet to a one-half inch iron rod with yellow cap stamped "DAA" found for
corner;
South 88 degrees 34 minutes 45 seconds West, 110.83 feet to a one-half inch iron rod with yellow cap stamped "DAA" found for
corner;
South 84 degrees 45 minutes 57 seconds West, 150.37 feet to a one-half inch iron rod with yellow cap stamped "DAA" found for
corner;
South 88 degrees 34 minutes 45 seconds West, 47.15 feet to a one-half inch iron rod set for corner;
THENCE North 01 degrees 25 minutes 15 seconds West, 172.53 feet to a one-half inch iron rod set for corner;
THENCE North 88 degrees 34 minutes 45 seconds East, 37.00 feet to a one-half inch iron rod set for corner;
THENCE North 49 degrees 57 minutes 41 seconds East, 242.20 feet to a one-half inch iron rod set for corner;
THENCE South 87 degrees 24 minutes 33 seconds East, 118.60 feet to the POINT OF BEGINNING and containing 84,237 square
feet or 1.934 acres of land.
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TOWN OF PROSPER, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER
OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE A PARTIAL
ASSIGNMENT AND ASSUMPTION OF AGREEMENT BETWEEN
MOORELAND FUND III 380 COMM OFFICE, LP, AND PINEVIEW
WOODS, L.P.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: The 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
partial assignment and assumption of agreement between Mooreland Fund III 380
Comm Office, LP, and Pineview Woods, L.P.
SECTION 2: Resolved by affirmative vote of the Town Council on the 12th day of
February, 2008.
Charles Niswanger, Mayor
ATTEST:
Matthew Denton, Town Secretary
PLANNING
pTOWN
;1SPER
To: Mayor and Town Council
From: Chris Copple, Senior Planner
Cc: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Re: Town Council Meeting — February 12, 2008
Date: February 7, 2008
Agenda Item:
Consider and act upon 1) a Partial Assignment and Assumption of Agreement between
Mooreland Fund III 380 Comm Office, LP, and Prosper Ventures Partners, and 2) approve a
resolution authorizing the Town Manager to execute the same.
Description of Agenda Item:
Prosper Ventures Partners has purchased property from Mooreland Fund III 380 Comm Office,
LP, which is part of the La Cima Development Agreement. The La Cima Development
Agreement allows Mooreland Fund III 380 Comm Office, LP to assign their duties,
responsibilities, obligations, rights, and entitlements subject to approval of the Town. Therefore,
Mooreland Fund III 380 Comm Office, LP is seeking to assign their duties, responsibilities,
obligations, rights, and entitlements to Prosper Ventures Partners.
Budget Impact:
There are no significant budget implications associated with this item.
Legal Obligations and Review:
Review of this item by the Town Attorney is not required.
Attached Documents:
1. The Partial Assignment and Assumption of Agreement between Mooreland Fund III 380
Comm Office, LP, and Prosper Ventures Partners.
2. A resolution authorizing the Town Manager to execute a Partial Assignment and
Assumption of Agreement between Mooreland Fund III 380 Comm Office, LP, and
Prosper Ventures Partners.
Town Staff Recommendation:
Town staff recommends the Town Council 1) approve a Partial Assignment and Assumption of
Agreement between Mooreland Fund III 380 Comm Office, LP, and Prosper Ventures Partners,
and 2) approve a resolution authorizing the Town Manager to execute the same.
Agenda Item No. 5f - Page 1 of 1
PARTIAL ASSIGNMENT AND ASSUMPTION OF AGREEMENT
THIS PARTIAL ASSIGNMENT AND ASS MPTION OF AGREEMENT (this
"Assignment") is made to be effective as of the day of December, 2007, among
MOORELAND FUND III 380 COMM OFFICE, LP, a Texas limited partnership ("MF III")
and PROSPER VENTURES PARTNERS, a Texas general partnership ("Prosper Ventures").
WITNESSETH:
WHEREAS, Mustang -Midway Plano, Ltd. ("Mustang"), the Town of Prosper, Texas (the
"Town"), and PDC 380 PROSPER, LTD., a Texas limited partnership entered into that certain
Developer's Agreement (the "Original Agreement") dated October 26, 2004, and recorded in
Volume 5814, Page 4279 of the Land Records of Collin County, Texas, whereby Mustang was
granted certain rights and undertook certain obligations relating to that certain property owned
by Mustang as described therein (the "Pro a "); and
WHEREAS, the Original Agreement was subsequently amended on June 22, 2005, by
First Amendment to Developer's Agreement recorded in Volume 5947, Page 2550 of the Land
Records of Collin County, Texas (the "First Amendment"). The Original Agreement, as
amended by the First Amendment, is herein referred to as the "Developer's Agreement"); and
WHEREAS, by General Warranty Deed dated of even date herewith, Prosper Ventures
acquired from MF III a portion of the Property, being that certain property (the "Pros er
Ventures Property') more particularly described on Exhibit A attached hereto and made a part
hereof for all purposes;
WHEREAS, Section 210) of the Developer's Agreement provides, among other things,
that the Developer's Agreement runs with the land, and that notice to the Town of any transfer,
sale or conveyance thereof is required; and
WHEREAS, in order to comply with said Section 210), and to provide for orderly and
proper development of the Property and the Prosper Ventures Property, MF III desires to
partially assign to Prosper Ventures its rights and obligations under the Developer's Agreement
relating to the Prosper Ventures Property, and Prosper Ventures desires to accept such partial
assignment and assume and agree to perform such rights and obligations thereunder, pursuant
and subject to the terms and provisions hereof.
NOW, THEREFORE, for and in consideration of the sum of Ten and No/100 Dollars
($10.00) and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties agree as follows:
1. MF III hereby grants, sells, assigns, transfers and conveys to Prosper Ventures,
MF III's rights, titles, interests, powers and duties in, to and under the Developer's Agreement, to
the extent, and only to the extent, such rights, titles, interests, powers and duties pertain to the
Prosper Ventures Property.
T:\TDH\Fi1es\BF-ATY\218\PartAssign Assum Agr Prospermpd
2. Prosper Ventures hereby accepts such partial assignment and agrees to be bound
by, perform and assume the remaining obligations, duties and responsibilities of MF III
contained in the Developer's Agreement to the extent, and only to the extent, such obligations,
duties and responsibilities pertain to the Prosper Ventures Property.
3. Prosper Ventures and MF III shall separately be responsible for dedications and
impact fees, and solely entitled to impact fee credits arising under the terms of the Developer's
Agreement, allocable to the respective portions of the Property that each owns.
4. Prosper Ventures covenants and agrees to indemnify, defend and hold harmless
MF III from and against any and all liabilities, damages, claims, causes of action, costs and
expenses (including, without limitation, and intended by way of example only, reasonable
attorney's fees, disbursements and amounts paid on final judgments or final arbitration awards)
arising out of Prosper Ventures's failure to perform the remaining obligations, duties and
responsibilities assumed by Prosper Ventures in Paragraph 2 above.
5. All of the covenants, terms and conditions set forth herein shall be binding upon
and shall inure to the benefit of the parties hereto and their respective successors and assigns.
6. This Agreement may be executed in a number of identical counterparts, each of
which will be deemed an original for all purposes and which together constitute the agreement of
the parties.
7. Upon recordation of this Assignment, notices to "Mustang" under the Developer's
Agreement as they pertain to the Prosper Ventures Property only shall be provided to:
Prosper Ventures Partners
601 Broad Leaf Lane
McKinney, Texas 75070
8. The Developer's Agreement and First Amendment are incorporated into this
Assignment for all purposes as if fully set forth herein.
IN WITNESS WHEREOF, MF III and Prosper Ventures have executed this Assignment
under seal as of the day and year first above written.
[SIGNATURE PAGES FOLLOW]
2 T:1TOH1Fi1esIBEATY12181Par1 Assign Assum Agr Prosperxpd
MF III:
MOORELAND FUND III 380 COMM OFFICE, LP,
a Texas limited partnership
By: MOORELAND FUND GENERAL PARTNER, INC.,
a Texas corporation - General Partner
By:
Michael G. Beaty, President
STATE OF TEXAS
COUNTY OF Geft tt cD R L1.A!�
This instrument was acknowledged before me on December ?J 2007, by
MICHAEL G. BEATY, President of MOORELAND FUND GENERAL PARTNER, INC.,
a Texas corporation and the general partner of MOORELAND FUND 111380 COMM OFFICE,
LP, a Texas limited partnership, on behalf of said entities.
My Commission Expires:
;z;;` CHERIE WATSON
Notary Public
State of Texas
My Commission Expires
July 24, 2008
CAML a , "-k—
Notary Public, State of Texas
(Printed or Typed Name of Notary)
T:1TDH1Fi1esl6EA7Y12181Part Assign Assum Agr Prosper.wpd
PROSPER VENTURES:
PROSPER VENTURES PARTNERS,
a Texas general partnership
By: VIRGINIA RIDGE PROPERTIES, LTD.,
a Texas limited partnership - General Partner
By: VIRGINIA RIDGE PROPERTIES I, INC.,
a Texas corporation - General Partner
By:
Steph Crise, President
By: PINEVIEW WOODS, L.P.,
a Texas limited partnership - General Partner
By: THS PROPERTIES, L.L.C.,
a Texas linAted liability company - General Partner
0
Manager
THE STATE OF TEXAS §
COUNTY OF
This instrument was acknowledged before me on the , ' day of December, 2007,
by STEPHANIE CRISE, President of VIRGINIA RIDGE PROPERTIES I, INC., a Texas
corporation and general partner of VIRGINIA RIDGE PROPERTIES, LTD., a Texas limited
partnership and general partner of PROSPER VENTURES PARTNERS, a Texas general
partnership, on behalf of said entities.
My Commission
Expires: 3)
>71 ivv (Printed
;;o.�,�r►u,�`� STEPHANIE K. FUNK
Notary Public. State of Texas
i.
4
My Commission Expires
%siSeptember 06, 2010
lic, State of Texas
Typed Name of Notary)
TATDWIlesSEATy1 IWartAssign Assum Agr Prospermpd
THE STATE OF TEXAS
COUNTY OF kl-
This instrument was acknowledged before me on the L�-i�' day of December, 2007,
by SHIRLEY L. SMITH, Manager of THS PROPERTIES, L.L.C., a Texas limited liability
company and general partner of PINEVIEW WOODS, L.P., a Texas limited partnership and
general partner of PROSPER VENTURES PARTNERS, a Tys general partnership, on behalf
of said entities. n . / / A
My Commission Expires:
�(A5Lv - G . z,00$
1 C. MCPEAK
'y MY COMMISSION EXPIRES
pF August 6, 2008
A
Notary Public, State of Texas
(Printed or Typed Name of Notary)
5 T:1TDH%FilesIBEATY12181Part Assign Assum Agr Prospermpd
The Town joins herein to evidence its approval to this Assignment and satisfaction of the terms
and provisions of Section 21(1) of the Development Agreement.
TOWN OF PROSPER, TEXAS
Name:
Title:
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on the day of December, 2007,
by of the TOWN OF PROSPER,
TEXAS, on behalf of said Town.
Notary Public, State of Texas
My Commission Expires:
(Printed or Typed Name of Notary)
6 T:1TDHTites%BEATY12181Part Assign Assum Agr Prospermpd
Exhibit "A"
File Number: 103424
Description:
The land referred to herein is situated in the State of Texas, County of Collin described as follows:
(PROPOSED LOT 3, BLOCK A, WHISPERING GABLES)
BEING all that tract of land in the Town of Prosper, Collin County, Texas, being a part of the H. JAMISON SURVEY,
ABSTRACT No. 480, and being a part of a tract of land described as Tract Two in deed to Mooreland Fund III 380
Comm. Office, L.P. as recorded in Volume 6072, Page 4058, Collin County Deed Records, and being further described
as follows:
COMMENCING at a one-half inch iron rod with yellow cap stamped "J&B" set at the north corner of said Tract Two,
said point being in the southeast line of a pipeline easement granted to the City of Irving, Texas as recorded in Volume
5168, Page 2935, Collin County Deed Records, said point also being in the west right-of-way line of Coit Road (County
Road No. 74, a variable width right-of-way), said point also being in the west line of a 60 foot right-of-way dedication to
the Town of Prosper as recorded in Volume 5844, Page 4500, Collin County Deed Records;
THENCE South 01 degrees 13 minutes 24 seconds East, 246.80 feet along the east line of said Tract Two and along the
west line of Coit Road to a one-half inch iron rod set for corner;
THENCE along the proposed right-of-way line of Coit Road as follows:
South 02 degrees 35 minutes 27 seconds West, 150.50 feet a one-half inch iron rod set for corner;
South 01 degrees 13 minutes 24 seconds East, 173.76 feet to a one-half inch iron rod set for corner, said
point being in the north line of Richland Boulevard (a variable width right-of-way) as recorded in Volume 2006, Page
837, Collin County Plat Records;
THENCE along the north line of Richland Boulevard as follows:
South 43 degrees 40 minutes 40 seconds West, 41.32 feet to a one-half inch iron rod with yellow cap
stamped "DAA" found for corner;
South 88 degrees 34 minutes 45 seconds West, 110.83 feet to a one-half inch iron rod with yellow cap
stamped "DAA" found for corner;
South 84 degrees 45 minutes 57 seconds West, 150.37 feet to a one-half inch iron rod with yellow cap
stamped "DAA" found for corner;
South 88 degrees 34 minutes 45 seconds West, 47.15 feet to a one-half inch iron rod set for corner at the
POINT OF BEGINNING of this tract of land;
THENCE South 88 degrees 34 minutes 45 seconds West, 414.20 feet along the north line of Richland Boulevard to a
one-half inch iron rod set at the west corner of said Tract Two, said point also being in the southeast line of said
pipeline easement;
THENCE North 49 degrees 57 minutes 41 seconds East, 431.29 feet along the northwest line of said Tract Two and
the southeast line of said pipeline easement to a one-half inch iron rod set for corner;
THENCE South 40 degrees 02 minutes 44 seconds East, 123.71 feet to a one-half inch iron rod set for corner;
THENCE South 01 degrees 25 minutes 15 seconds East, 172.53 feet to the POINT OF BEGINNING and containing
62,410 square feet or 1.433 acres of land.
05
Page t oft File # 103424
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ill
TOWN OF PROSPER, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER
OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE A PARTIAL
ASSIGNMENT AND ASSUMPTION OF AGREEMENT BETWEEN
MOORELAND FUND III 380 COMM OFFICE, LP, AND PROSPER
VENTURES PARTNERS.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: The 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
partial assignment and assumption of agreement between Mooreland Fund III 380
Comm Office, LP, and Prosper Ventures Partners.
SECTION 2: Resolved by affirmative vote of the Town Council on the 12th day of
February, 2008.
Charles Niswanger, Mayor
ATTEST:
Matthew Denton, Town Secretary
PLANNING
p
TOWN
SPER
To: Mayor and Town Council
From: Chris Copple, Senior Planner
Cc: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Re: Town Council Meeting — February 12, 2008
Date: February 7, 2008
Agenda Item:
Consider and act upon an ordinance rezoning 285.5t acres, located on the north and south side
of First Street, 2,650t feet east of Coit Road, from Agricultural (A) to Planned Development -
Single Family (PD-SF). (Z07-18).
Description of Agenda Item:
At the January 22, 2008 meeting, the Town Council approved zoning case Z07-18 by a vote of
5-0.
Budget 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:
1. The Ordinance rezoning the property is attached.
Town Staff Recommendation:
Town staff recommends the Town Council adopt the attached ordinance rezoning 285.5t acres,
located on the north and south side of First Street, 2,650t feet east of Coit Road, from
Agricultural (A) to Planned Development -Single Family (PD-SF).
Agenda Item No. Sg — Page 1 of 1
TOWN OF PROSPER, TEXAS
ORDINANCE NO. 08-_
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05.20; REZONING A
TRACT OF LAND CONSISTING OF 285.485 ACRES, MORE OR LESS, SITUATED IN THE
WILLIAM H. THOMAS SURVEY, ABSTRACT NO. 895, THE SPENCER GRAHAM SURVEY,
ABSTRACT NO. 359, THE LARKIN MCCARTY SURVEY, ABSTRACT NO. 600, AND THE
JEREMIAH HORN SURVEY, ABSTRACT NO. 411, IN THE TOWN OF PROSPER, COLLIN
COUNTY, TEXAS, HERETOFORE ZONED AGRICULTURAL (A) IS HEREBY REZONED AND
PLACED IN THE ZONING CLASSIFICATION OF PLANNED DEVELOPMENT -SINGLE FAMILY
(PD-SF); 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 LandPlan Development
Corporation ("Applicant") to rezone 285.485 acres of land, more or less, situated in the William H. Thomas Survey,
Abstract No. 895, the Spencer Graham Survey, Abstract No. 359, the Larkin McCarty Survey, Abstract No. 600, and
the Jeremiah Horn Survey, Abstract No. 411, 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 below -described property containing 285.485 acres of land, more or less,
situated in the William H. Thomas Survey, Abstract No. 895, the Spencer Graham Survey, Abstract No. 359, the
Larkin McCarty Survey, Abstract No. 600, and the Jeremiah Horn Survey, Abstract No. 411, 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 -Single Family (PD-SF). The property as a whole and the boundaries for
each zoning classification are more particularly described in Exhibit "A" 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) the statement of intent and purpose, attached hereto as Exhibit "B"; 2) the planned
development standards, attached hereto as Exhibit "C"; 3) the conceptual land use plan, attached hereto as Exhibit
"D"; 4) the development schedule, attached hereto as Exhibit "E"; 5) and the residential design guidelines, attached
hereto as Exhibit "F"; 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 FEBRUARY, 2008.
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
A Planned Development District
adding 285.479 acres to the
rokoholCow
Planned Development
TOWN OF PROSPER, TEXAS
NOVEMBER 20, 2007
TABLE OF CONTENTS
EXHIBIT "A" - Legal Descriptions 3
EXHIBIT `B" - Statement of Intent and Purpose 9
EXHIBIT "C" -Development Standards 10
1. General Description of Tracts `1' and `2' 10
2. General Conditions of Tract `1' 10
3. General Conditions of Tract `2' 16
EXHIBIT "D" - Zoning Site Plan 22
EXHIBIT "B" - Development Schedule 23
EXHIBIT "F" - Design Guidelines & Single-family Residential Home 24
Examples
Brookhollow Planned Development, Town of Prosper, TX Page 2 of 34
EXHIBIT "A"
Legal Descriptions
for
Brookhoffzw
TOWN OF PROSPER, TEXAS
Tract `1'
BEING a 174.205 acre tract of land situated in the Spencer Graham Survey, Abstract Number 359 and
the William H. Thomason Survey, Abstract Number 895, Collin County, Texas and being all of a
138.80 acre tract of land described by deed recorded in Clerk File No. 20060629000895600 of the Deed
Records of Collin County Texas (DRCCT) and being all of a 23.74 acre tract of land described by deed
recorded in Clerk File No. 20060629000895610 (DRCCT) and being all of a 10.014 acre tract of land
described by deed recorded in Volume 5087, Page 2341 (DRCCT) and being more particularly
described as follows:
BEGINNING at a 5/8 inch iron rod found for the southeast corner of said 138.80 acre tract of land and
being the northeast corner of a 330.801 acre tract of land recorded in Clerk File No.
20060811001152020 (DRCCT) and being in the center of County Road #79;
THENCE along the south line of said 138.80 acre tract of land and the north line of said 330.801 acre
tract of land as follows:
SOUTH 87014'20" WEST a distance of 790.15 feet to a 5/8 inch iron rod found for corner,
SOUTH 85025'06" WEST a distance of 1,088.78 feet to a 5/8 inch iron rod set for corner;
SOUTH 00018'37" EAST a distance of 236.16 feet to a 5/8 inch iron rod found for corner;
SOUTH 89022'54" WEST a distance of 1,839.58 feet to a 5/8 inch iron rod set for the southwest
corner of said 23.74 acre tract of land;
THENCE departing County Road No. 79 and follows the northwesterly line of said 23.74 acre tract of
land as follows:
NORTH 0003 7'12"
WEST a distance of 25.77 feet to a point for corner;
NORTH 17003'00"
EAST a distance of 27.90 feet to a point for corner;
NORTH 38057'37"
EAST a distance of 61.51 feet to a point for corner;
NORTH 49018'59"
EAST a distance of 68.56 feet to a point for corner;
NORTH 63015'30"
EAST a distance of 14.03 feet to a point for corner;
NORTH 54031'20"
EAST distance of 35.56 feet to a point for corner;
NORTH 2005 6'18"
EAST a distance of 7.72 feet to a point for corner;
NORTH 04050'40"
WEST a distance of 9.02 feet to a point for corner;
NORTH 14000'44"
WEST a distance of 16.71 feet to a point for corner;
NORTH 45033'56"
WEST a distance of 52.59 feet to a point for corner;
NORTH 33041'30"
WEST a distance of 31.52 feet to a point for corner;
NORTH 30005'48"
WEST a distance of 48.00 feet to a point for corner;
NORTH 33055'07"
EAST a distance of 42.00 feet to a point for corner;
Brookhollow Planned Development, Town of Prosper, TX Page 3 of 34
NORTH 83°39'02"
EAST a distance of 37.90 feet to a point for corner;
NORTH 88028'05"
EAST a distance of 40.60 feet to a point for corner;
NORTH 77019'45"
EAST a distance of 34.52 feet to a point for corner;
NORTH 49057'35"
EAST a distance of 43.39 feet to a point for corner;
NORTH 01054' 18"
WEST a distance of 41.20 feet to a point for corner;
NORTH 14057'59"
EAST a distance of 80.55 feet to a point for corner;
NORTH 38°43'20"
EAST a distance of 33.38 feet to a point for corner;
NORTH 69012' 18"
EAST a distance of 84.25 feet to a point for corner;
NORTH 31002'03"
EAST a distance of 31.79 feet to a point for corner;
NORTH 17028'02"
WEST a distance of 42.69 feet to a point for corner;
NORTH 52054'31"
WEST a distance of 95.12 feet to a point for corner;
NORTH 14059'21"
WEST a distance of 77.74 feet to a point for corner;
NORTH 06033'04"
EAST a distance of 107.47 feet to a point for corner;
NORTH 14005'46"
WEST a distance of 39.45 feet to a point for corner;
NORTH 44013'26"
WEST a distance of 41.05 feet to a point for corner;
NORTH 58040'25"
EAST a distance of 75.45 feet to a point for corner;
NORTH 46045'30"
EAST a distance of 71.88 feet to a point for corner;
NORTH 23019'01"
WEST a distance of 90.43 feet to a point for corner;
NORTH 21052'21"
EAST a distance of 55.79 feet to a point for corner;
SOUTH 72037'48"
EAST a distance of 114.79 feet to a point for corner;
NORTH 38051' 11"
EAST a distance of 62.10 feet to a point for corner;
NORTH 49017'41"
EAST a distance of 156.27 feet to a point for corner;
NORTH 44032'35"
EAST a distance of 104.91 feet to a point for corner;
NORTH 89021'03"
EAST a distance of 388.78 feet to the northeast corner of said 23.74 acre tract
of and being located in the west line of said 138.80 acre tract of land;
THENCE along the northwest line of said 138.80 acre tract of land as follows:
NORTH 00005'05"
EAST a distance of 571.61 feet to a point for corner;
NORTH 77033'50"
EAST a distance of 826.21 feet to a point for corner;
NORTH 57036'07"
EAST a distance of 326.17 feet to a point for corner;
NORTH 49048' 14"
EAST a distance of 130.26 feet to a point for corner;
NORTH 40005'22"
EAST a distance of 92.15 feet to a point for corner;
NORTH 26052'38"
EAST a distance of 27.43 feet to a point for corner;
NORTH 24042'28"
WEST a distance of 29.52 feet to a point for corner;
NORTH 42049'50"
WEST a distance of 42.55 feet to a point for corner;
NORTH 51010'07"
WEST a distance of 136.11 feet to a point for corner;
NORTH 29028'53"
EAST a distance of 78.05 feet to a point for corner;
NORTH 48004'58"
EAST a distance of 72.70 feet to a point for corner;
NORTH 21017'41"
EAST a distance of 79.43 feet to a point for corner;
NORTH 30046' 10"
EAST a distance of 133.56 feet to a point for corner;
NORTH 53021'50"
EAST a distance of 92.18 feet to a point for corner;
NORTH 31033'06"
EAST a distance of 152.88 feet to a point for corner;
NORTH 63035'20"
EAST a distance of 105.83 feet to a point for corner;
SOUTH 75034' 11"
EAST a distance of 91.96 feet to a point for corner;
SOUTH 46012'44"
EAST a distance of 122.60 feet to a point for corner;
SOUTH 61052'30"
EAST a distance of 37.16 feet to a point for corner;
SOUTH 81 °30' 14"
EAST a distance of 47.72 feet to a point for corner;
NORTH 87018'36"
EAST a distance of 30.99 feet to a point for corner;
NORTH 75057'54"
EAST a distance of 107.07 feet to a point for corner;
SOUTH 87040'40"
EAST a distance of 87.37 feet to a point for corner;
SOUTH 77024'30"
EAST a distance of 61.35 feet to a point for corner;
Brookhollow Planned Development, Town of Prosper, TX Page 4 of 34
NORTH 69008' 10"
EAST a distance of 78.62 feet to a point for corner;
NORTH 30023'27"
EAST a distance of 71.20 feet to a point for corner;
NORTH 49048'58"
EAST a distance of 78.19 feet to a point for corner;
NORTH 89013'49"
EAST a distance of 119.16 feet to a point for corner;
NORTH 80055'09"
EAST a distance of 197.94 feet to a point for corner;
NORTH 59013'33"
EAST a distance of 80.71 feet to a point for corner for the northeast corner of
said 138.80 acre tract of land;
THENCE along the east line of said 138.80 acre tract of land, SOUTH 00009'33" EAST a distance of
2,910.89 feet to the POINT OF BEGINNING;
CONTAINING within these metes and bounds 174.194 acres or 7,587,900 square feet of land more or
less.
Brookhollow Planned Development, Town of Prosper, TX Page 5 of 34
Tract `2'
BEING a 111.291 acre tract of land situated in the Larkin McCarty Survey, Abstract Number 600 and
the Jeremiah Horn Survey, Abstract Number 411, Collin County, Texas and being all of a 14.774 acre
tract of land described by deed recorded in Volume 5904, Page 3110 of the Deed Records of Collin
County Texas (DRCCT) and being all of 9.973 acre tract of land recorded in Volume 5961, Page 695
(DRCCT), all of a 9.989 acre tract of land recorded in Volume 5967, Page 3451 (DRCCT), all of an
8.815 acre tract of land recorded in Volume 5 96 1, Page 700 (DRCCT), and all of a 68.727 acre tract of
land recorded in Clerk File No. 20060921001363980 & 20060921001363990 (DRCCT) and being
more particularly described as follows:
BEGINNING at a 5/8 inch iron rod found for the northwest corner of said 14.774 acre tract of land and
being the northeast corner of a 330.801 acre tract of land described by deed recorded in Clerk File No.
20060811001152020 (DRCCT) and being located in the center of County No. 79;
THENCE along the center of County Road No. 79 as follows:
NORTH 89050'43" EAST a distance of 439.43 feet to a 5/8 inch iron rod found for corner;
NORTH 89049'51" EAST a distance of 440.20 feet to a 5/8 inch iron rod found for corner;
NORTH 89047'43" EAST a distance of 445.44 feet to a 5/8 inc iron rod found for the northeast
corner of said 9.989 acre tract of land;
THENCE departing the center of said County Road No. 79, SOUTH 00°12'30" EAST a distance of
994.08 feet to a 5/8 inch iron rod set for the southeast corner of said 9.989 acre tract of land;
THENCE NORTH 89057'48" WEST a distance of 265.94 feet to a 5/8 inch iron rod set for corner;
THENCE NORTH 73007'36" WEST a distance of 182.34 feet to a 5/8 inch iron rod set for the
northeast corner of said 8.815 acre tract of land;
THENCE SOUTH 0033'53" EAST a distance of 720.76 feet to a 5/8 inch iron rod set in the north line
of said 68.727 acre tract of land;
THENCE along the north line of said 68.727 acre tract of land, NORTH 89030'22" EAST a distance of
435.76 feet to a 5/8 inch iron rod set for corner;
THENCE NORTH 88054'48" EAST a distance of 422.52 feet to a 1/2 inch iron rod found for the
northeast corner of said 68.727 acre tract of land;
THENCE with the east line of said 68.727 acre tract of land as follows:
SOUTH 0003 l' 13" EAST a distance of 427.59 feet to 5/8 inch iron rod set for corner;
SOUTH 00059'20" EAST a distance of 613.60 feet to a 1/2 inch iron rod found for corner;
SOUTH 88054'43" WEST a distance of a 267.31 feet to a 1/2 inch iron rod found for corner;
SOUTH 00006' 17" EAST a distance of 772.33 feet to a 1/2 inch iron rod found for the southerly
southeast corner of said 68.727 acre tract of land;
Brookhollow Planned Development, Town of Prosper, TX Page 6 of 34
THENCE along the south line of said 68.727 acre tract of land, SOUTH 89°43'29" WEST a distance of
1,479.31 feet to a 1/2 inch iron rod found for the southwest corner of said 68.727 acre tract of land and
being located in the east line of said 330.801 acre tract of land;
THENCE along the east line of said 330.801 acre tract of land, as follows;
THENCE NORTH 00012'57" WEST a distance of 1,755.81 to a 1/2 inch iron rod found for corner;
THENCE NORTH 00032'35" WEST a distance of 1,715.73 feet to the POINT OF BEGINNING;
CONTAINING within these metes and bounds 111.291 acres or 4,847,815 square feet of land more or
less.
Brookhollow Planned Development, Town of Prosper, TX Page 7 of 34
EXHIBIT "B"
Statement of Intent and Purpose
for
TOWN OF PROSPER, TEXAS
The purpose of this submittal is to request zoning for approximately 285.479 acres to be
compatible with the zoning of the contiguous Brookhollow Planned Development (PD-25) and
the zoning of surrounding properties through the provision of development standards, lot sizes,
and densities that are similar to those of the Brookhollow Planned Development (PD-25) and the
zoning of surrounding properties.
As with Brookhollow Planned Development (PD-25), Design Guidelines included as Exhibit `F'
are intended to ensure the provision of a quality planned development over time.
Brookhollow Planned Development, Town of Prosper, TX Page 9 of 34
EXHIBIT "C"
Development Standards
for
TOWN OF PROSPER, TEXAS
1. General Description of Tract `1' and `2'
1.1. Density: As summarized in the following table, this Planned Development Ordinance
shall permit a maximum of 348 single-family residential units on the 174.194 gross
acres located within Tract `1' as illustrated in Exhibit `D' and a maximum of 333
single-family residential units on the 111.285 gross acres located within Tract `2' as
illustrated in Exhibit `D'. Of the maximum 348 single-family residential units that
may be developed on Tract 'I', a minimum of 20% of the total units shall be
developed to the Type 1 A standards with the remaining lots being developed to the
Type 1B standards. Of the maximum 333 single-family residential units that may be
developed on Tract `2', a maximum of 83 units may be developed to Type `2C'
standards and a maximum of 56 units may be developed to Type `2D' standards. All
other units within Tract `2' shall be developed to Type `2A' or `2B' standards.
Tract 1 174.194 gross acres —Maximum of 348 units permitted
Type 1 A
Minimum of 20% of total units
Type 1 B
All remaining units
Tract 2 111.285 gross acres —Maximum of 333 units permitted
Type 2C
Maximum of 83 units
Type 2D
Maximum of 56 units
Type 2A and 2B
All remaining units
The development standards for such residential units are outlined below or, if not
specifically addressed herein, as set forth in the SF-10 Zoning District of Zoning
Ordinance No. 05-20 and Subdivision Ordinance 03-05, as the Ordinances exist or
may be amended.
2. General Conditions of Tract `1'
2.1. Conformance to All Annlicable Articles of the Town of Prosper Zonine Ordinance:
Except as amended herein, this Planned Development District shall conform to any
and all applicable articles and sections of ordinances and regulations of the Town of
Prosper, including Zoning Ordinance, No. 05-20, and Subdivision Ordinance, No. 03-
05, as they presently exist or may be amended. All rights -of -way as required by the
Town's Thoroughfare Plan and Subdivision Ordinance will be deeded to the Town at
Brookhollow Planned Development, Town of Prosper, TX Page 10 of 34
the time of development with the Final Plat, unless it is determined by the Town that
a lesser width of right-of-way is necessary.
2.2. Allowed Uses: Land uses allowed within this PD district are as follows:
• Accessory buildings incidental to the allowed use and constructed of the same
materials as the main structure.
• Churches / rectories
• Civic facilities
• Electronic security facilities, including gatehouses and control counter
• Fire stations and public safety facilities
• Gated communities with private streets (developed to Town standards)
• Public or private parks, playgrounds and neighborhood recreation facilities
including, but not limited to, swimming pools, clubhouse facilities and tennis
courts
• Residential uses as described herein
• Schools - public or private
• Golf Course and/or Country Club (including clubhouse, maintenance
facilities, on -course food and beverage service, and on course restroom
facilities.)
• Private Club operated in conjunction with a country club, clubhouse, and/or
on -course beverage service.
• Temporary real estate sales offices for each builder during the development
and marketing of the Planned Development which shall be removed no later
than 30 days following the issuance of the Certificate of Occupancy (CO) or
completion of the final inspection on the last lot owned by the respective
builder.
• Temporary buildings of the builders and uses incidental to construction work
on the premises, which shall be removed upon completion of such work.
• Construction or marketing office occupied by the developer of the property.
• Utility distribution lines and facilities. Electric substations shall be allowed
by SUP.
2.3. Required Parking_ A minimum of four (4) off-street concrete parking spaces shall be
provided for each residential unit. As part of the parking requirement, at least two (2) of
the off-street parking spaces shall be in an enclosed garage. The parking of recreational
vehicles, sports vehicles, boats and/or trailers in the front yard of any lot is prohibited.
For purposes of this Ordinance, "recreational vehicle" means any mobile unit (motorized
or under tow) designed, converted, or modified for use as a sleeping, cooking, gathering
and "sports vehicle" means a vehicle designed for or modified for off -road or other
recreational use, which is not a standard car, sport utility vehicle or pick-up.
2.4. Exterior Fagade Building Materials: (see Exhibit `F')
2.5. Area and building requirements: Lot area and building requirements are as follows:
2.5.1. Lot Area: The minimum area of each lot type shall be as shown in the following
table.
Brookhollow Planned Development, Town of Prosper, TX Page 11 of 34
LOT AREA SUMMARY
1A
1B
Min. Lot Area (sq. ft.)
15,000
10,000
2.5.2. Lot Coverage: The maximum lot coverage for each lot type shall be as shown in
the following table.
LOT COVERAGE SUMMARY
1A
1B
Max. Building coverage (%)
50
50
2.5.3. Lot Width: The minimum width of any lot shall not be less than as shown in the
following table as measured 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 reduce the
minimum width by 10 feet as measured along the arc at the front building line;
provided all other requirements of this section are fulfilled.
LOT WIDTH SUMMARY
1A
1B
Min. Lot Width (ft.)
90
75
2.5.4. Lot Depth: The minimum depth of any lot shall not be less than as shown in the
following table:
LOT DEPTH SUMMARY
1A
1B
Min. Lot Depth (ft.)
125
125
2.5.5. Front Yard: The minimum depth of the front yard shall be as shown in the
following table.
FRONT YARD SETBACK SUMMARY
1A
1B
Min. Front Yard (ft.)
30
20
Front yards shall be staggered in accordance with Chapter 4, Section 9.3(F) of
Zoning Ordinance, No. 05-20. Covered drives and porte-cocheres that are
Brookhollow Planned Development, Town of Prosper, TX Page 12 of 34
architecturally designed as an integral element of the main structure may extend
up to five feet from the established front building line into the front yard area.
2.5.6. Side Yard: The minimum side yard on each side of a lot shall be as shown in the
following table.
SIDE YARD SETBACK SUMMARY
1A
1B
Min. Side Yard (ft.)
8
7
The side yard for all corner lots shall be a minimum of 15 feet. Single-family
detached lots shall not side to East First Street, unless the lot is located on a cul-
de-sac or any other street that does not directly intersect with East First Street.
2.5.7. Rear Yard: The minimum depth of the rear yard shall be twenty feet for all lots,
except that lots with "C-shaped" houses, such house configurations enclosing a
courtyard space, may have a rear yard of ten feet.
2.5.8. Building Height: Buildings shall be a maximum of two and one-half (2'/2) stories,
not to exceed forty-five feet (45') in height. Chimneys, antennas and other such
architectural projections not used for human occupancy may extend above this
height limit.
2.5.9. Minimum Dwelling Area: The minimum enclosed heated and cooled living area
shall be as shown in the following table.
MINIMUM DWELLING AREA SUMMARY
1A
1B
Min. Dwelling Area (sq. ft.)
3,500
2,500
2.6. Amenities: The intent of this PD regarding the provision of amenities is for an
integration of built and natural elements working together as a system that provides
for the active and passive recreational needs of the Brookhollow community
specifically and of the Town of Prosper generally. The distribution of natural beauty
throughout the development, exemplified by lakes, mature trees and areas of rolling
topography, provides the opportunity for a community -wide trail punctuated with
nodes of built improvements such as pocket parks. In this way, neighborhood is
linked to neighborhood and the Brookhollow community is linked to the Town.
To help preserve the open character of the Town of Prosper, it is the intent of this PD
that a significant amount of natural open space, particularly amid the floodplain and
other sensitive land, be set aside to provide additional open space for Brookhollow
and for the Town. Design elements in these areas should support non -programmed
passive recreational activities such as walking and picnicking.
Brookhollow Planned Development, Town of Prosper, TX Page 13 of 34
2.7. Screening and Buffering: Residential development adjacent to East First Street shall be
screened by a combination of earthen berms, turf grass, treesand shrubs and
meandering sidewalk within a twenty -five-foot landscape edge. All turf and
landscaping areas will be irrigated. Screening fences shall be located along the berm
areas and shall meet the requirements of the Subdivision Ordinance 03-05, as it exists
or may be amended.
2.8. Concept Plan: A Concept Plan is hereby attached (Exhibit "D") and made a part of the
ordinance. It establishes general guidelines for the district by identifying the project
boundaries, land use types, and approximate thoroughfare locations and illustrates the
integration of these elements into a master plan for the whole district. Prior to
approval of a preliminary plat for the property, a concept plan of the property
showing anticipated locations of thoroughfares, collector streets, and private streets;
parks; and schools must be approved by the Planning & Zoning Commission. The
concept plan will serve as a general guide for future development on the property.
2.9. Streets: The collector streets conceptually shown on Exhibit `D' extending from U.S.
Hwy. 380, Coit Road, F.M. Hwy. 2478 (Custer Road), and to C.R. 79 (E. First St.)
shall be designed within a sixty -foot wide right-of-way. The paved section for these
streets shall be concrete paving thirty-one feet wide, except for the potential widening
to accommodate traffic at intersections with major thoroughfares. In the event that a
school is located within the development, additional paving width will be provided to
accommodate school traffic. The developer will be responsible for one-half the cost
for the street adjacent to the school. The residential streets shall consist of a fifty -foot
wide right-of-way with a twenty-seven foot paving section; and drainage systems,
which shall be incorporated into the street facility with concrete paving and
mountable curbs. In neighborhoods where lots are alley -served, residential streets
shall consist of a fifty -foot wide right-of-way with a thirty-one foot paving section;
and drainage systems, which shall be incorporated into the street facility with
concrete paving and mountable curbs.
2.10. Maintenance of Facilities: The Developers shall establish a Homeowner's Association
(HOA), in which membership is mandatory for each lot, and 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 or adjacent Right- of -
Way (ROW). The homeowner's association will be created with Phase 1 and each
subsequent phase shall be annexed into the association. Prior to transfer of the
ownership to the HOA, all specified facilities shall be constructed by the Developer.
The developer shall provide the Town with a copy of a mandatory HOA agreement
that will become part of the deed of record.
2.11. Sidewalks: Any required sidewalk on collector streets may be located on one side of the
street only. In such cases, the sidewalk shall be ten -feet wide and shall be generally
meandering where possible. The residential streets will have a five foot wide
sidewalk located on each side of the street and shall be located no less than two feet
from the street right-of-way line. All public street sidewalks and crossings shall be
Brookhollow Planned Development, Town of Prosper, TX Page 14 of 34
ADA compliant. In locations where open space, common, or HOA areas exist,
sidewalks shall be extended to connect with adjacent walks or trails.
2.12. Landscaping
2.12.1. Front Yard: A minimum of two four -inch caliper trees, measured at twelve inches
above the root ball, shall be planted in the front yard of each Tract `1' residential
lot (see Exhibit `F'). The required trees will typically be planted by the builder at
the time of house construction and must be installed prior to the issuance of the
certificate of occupancy for that lot and house.
If pre-existing trees on the lot remain after the completion of construction on the
lot, such trees may be used to meet the planting requirements for the respective
lot.
2.12.2. Yard Space that Abuts Street (side yard on a streets Two canopy trees with a
minimum caliper of four inches each measured twelve inches above the root ball,
shall be planted in each side yard space that abuts a street. These required trees
shall be in addition to the required front yard trees and shall be planted generally
parallel to the street at the edge of the street right of way. The required trees will
typically be planted by the builder at the time of house construction and must be
installed prior to the issuance of the certificate of occupancy for that lot and
house.
2.12.3. Side Yard: Side yard landscaping is required on each side yard adjacent to
Collector Streets within the development. Such landscaping shall include trees,
shrubs, turf grass and earthen berms.
2.13. Fenciniz: Consistent fencing shall be required on all lots adjacent to Major
Thoroughfares as identified on the Town's Thoroughfare Plan. Such fencing shall
conform to the standards established by the Town for various types of fencing as
found in Subdivision Ordinance 03-05 as it exists or may be amended. (see
Exhibit `F')
2.14. Park Dedication Requirements: The development of Tract `1' will provide for a
dedication of a minimum of 8.71 acres or 5% of the net platted acreage,
whichever is less, to the Town for park purposes, including, but not limited to,
neighborhood parks, linear parks, hike and bike trails, pocket parks, water
features, creeks and natural preserved areas, or other purposes as determined by
the Town. Park dedications for Tract `1', Tract `2', and properties subject to
Planned Development-25 (Ordinance No. 06-73) may be combined and dedicated
without regard to specific tract delineation, subject to approval of the Town's
Parks and Recreation Board. This requirement may also be fulfilled through the
payment of park dedication fees in accordance with Subdivision Ordinance No.
03-05 subject to approval of the Town's Parks and Recreation Board. All other
aspects of park dedication shall comply with Subdivision Ordinance No. 03-05 as
it presently exists, unless modified by a separate agreement.
Brookhollow Planned Development, Town of Prosper, TX Page 15 of 34
2.15. Mechanical Equipment: All mechanical equipment (pool, air conditioning, solar
collectors, etc.) must be completely screened from the adjacent street. A
combination of screens, hedges, or walls should be used to screen equipment or
mechanical areas.
2.16. Adjacency to Major Creeks, Floodplains, and Open Space: All development within
Tract `1' shall comply with Section 14 of Subdivision Ordinance No. 03-05 as it
presently exists.
3. General Conditions of Tract `2'
3.1. Conformance to All Applicable Articles of the Town of Prosper Zoning Ordinance:
Except as amended herein, this Planned Development District shall conform to any
and all applicable articles and sections of ordinances and regulations of the Town of
Prosper, including Zoning Ordinance, No. 05-20, and Subdivision Ordinance, No. 03-
05, as they presently exist or may be amended. All rights -of -way as required by the
Town's Thoroughfare Plan and Subdivision Ordinance will be deeded to the Town at
the time of development with the Final Plat, unless it is determined by the Town that
a lesser width of right-of-way is necessary.
3.2. Allowed Uses: Land uses allowed within this PD district are as follows:
• Accessory buildings incidental to the allowed use and constructed of the same
materials as the main structure.
• Churches / rectories
• Civic facilities
• Electronic security facilities, including gatehouses and control counter
• Fire stations and public safety facilities
• Gated communities with private streets (developed to Town standards)
• Public or private parks, playgrounds and neighborhood recreation facilities
including, but not limited to, swimming pools, clubhouse facilities and tennis
courts
• Residential uses as described herein
• Schools public or private
• Golf Course and/or Country Club (including clubhouse, maintenance
facilities, on -course food and beverage service, and on course restroom
facilities.)
• Private Club operated in conjunction with a country club, clubhouse, and/or
on -course beverage service.
• Temporary real estate sales offices for each builder during the development
and marketing of the Planned Development which shall be removed no later
than 30 days following the issuance of the Certificate of Occupancy (CO) or
completion of the final inspection on the last lot owned by the respective
builder.
• Temporary buildings of the builders and uses incidental to construction work
on the premises, which shall be removed upon completion of such work.
• Construction or marketing office occupied by the developer of the property.
• Utility distribution lines and facilities. Electric substations shall be allowed
by SUP.
Brookhollow Planned Development, Town of Prosper, TX Page 16 of 34
3.3. Required Parking_ A minimum of four (4) off-street concrete parking spaces shall be
provided for each residential unit. As part of the parking requirement, at least two (2)
of the off-street parking spaces shall be in an enclosed garage. The parking of
recreational vehicles, sports vehicles, boats and/or trailers in the front yard of any lot
is prohibited. For purposes of this Ordinance, "recreational vehicle" means any
mobile unit (motorized or under tow) designed, converted, or modified for use as a
sleeping, cooking, gathering and "sports vehicle" means a vehicle designed for or
modified for off -road or other recreational use, which is not a standard car, sport
utility vehicle or pick-up.
3.4. Exterior Fg9ade Building Materials: (see Exhibit `F')
3.5. Area and building requirements: Lot area and building requirements are as follows:
3.5.1. Lot Area: The minimum area of each lot type shall be as shown in the following
table.
LOT AREA SUMMARY
2A
2B
2C
2D
Min. Lot Area (sq. ft.)
15,000
12,000
9,000
7,000
3.5.2. Lot Coverage: The maximum lot coverage for each lot type shall be as shown in
the following table.
LOT COVERAGE
SUMMARY
2A
2B
2C
2D
Max. Building coverage (%)
50
50
50
60
3.5.3. Lot Width: The minimum width of any lot shall not be less than as shown in the
following table as measured 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 reduce the
minimum width by 10 feet as measured along the arc at the front building line;
provided all other requirements of this section are fulfilled.
LOT
WIDTH SUMMARY
2A
2B
2C
2D
Min. Lot Width (ft.)
90
80
70
55
3.5.4. Lot Depth: The minimum depth of any lot shall not be less than as shown in the
following table:
Brookhollow Planned Development, Town of Prosper, TX Page 17 of 34 ��
LOT
DEPTH SUMMARY
2A
2B
2C
2D
Min. Lot Depth (ft.)
125
125
125
125
3.5.5. Front Yard: The minimum depth of the front yard shall be as shown in the
following table.
FRONT YARD SETBACK
SUMMARY
2A
2B
2C
2D
Min. Front Yard (ft.)
30
25
20
5
Covered drives and porte-cocheres that are architecturally designed as an integral
element of the main structure may extend up to five feet from the established front
building line into the front yard area.
3.5.6. Side Yard: The minimum side yard on each side of a lot shall be as shown in the
following table.
SIDE YARD SETBACK SUMMARY
2A
2B
2C
2D
Min. Side Yard (ft.)
8
7
7
511
The side yard for all corner lots shall be a minimum of 15 feet. Single-family
detached lots shall not side to East First Street, unless the lot is located on a cul-
de-sac or any other street that does not directly intersect with East First Street.
3.5.7. Rear Yard: The minimum depth of the rear yard shall be twenty feet for all lots,
except that lots with "C-shaped" houses, such house configurations enclosing a
courtyard space, may have a rear yard of ten feet.
3.5.8. Building_ Height: Buildings shall be a maximum of two and one-half (2%2) stories,
not to exceed forty-five feet (45') in height. Chimneys, antennas and other such
architectural projections not used for human occupancy may extend above this
height limit.
3.5.9. Minimum Dwelling Area: The minimum enclosed heated and cooled living area
shall be as shown in the following table.
MINIMUM DWELLING AREA SUMMARY
Brookhollow Planned Development, Town of Prosper, TX Page 18 of 34
2A
2B
2C
2D
Min. Dwelling Area (sq. ft.)
3,500
3,000
2,500
2,200
3.6. Amenities: The intent of this PD regarding the provision of amenities is for an
integration of built and natural elements working together as a system that provides
for the active and passive recreational needs of the Brookhollow community
specifically and of the Town of Prosper generally. The distribution of natural beauty
throughout the development, exemplified by lakes, mature trees and areas of rolling
topography, provides the opportunity for a community -wide trail punctuated with
nodes of built improvements such as pocket parks. In this way, neighborhood is
linked to neighborhood and the Brookhollow community is linked to the Town.
To help preserve the open character of the Town of Prosper, it is the intent of this PD
that a significant amount of natural open space, particularly amid the floodplain and
other sensitive land, be set aside to provide additional open space for Brookhollow
and for the Town. Design elements in these areas should support non -programmed
passive recreational activities such as walking and picnicking.
3.7. Screening and Buffering_ Residential development adjacent to East First Street shall be
screened by a combination of earthen berms, turf grass, trees and shrubs and
meandering sidewalk within a twenty -five-foot landscape edge. All turf and
landscaping areas will be irrigated. Screening fences shall be located along the berm
areas and shall meet the requirements of the Subdivision Ordinance 03-05, as it exists
or may be amended.
3.8. Concept Plan: A Concept Plan is hereby attached (Exhibit "D") and made a part of the
ordinance. It establishes general guidelines for the district by identifying the project
boundaries, land use types, approximate thoroughfare locations and illustrates the
integration of these elements into a master plan for the whole district.
Prior to approval of a preliminary plat for the property, a concept plan of the property
showing anticipated locations of thoroughfares, collector streets, and private streets;
parks; and schools must be approved by the Planning & Zoning Commission. The
concept plan will serve as a general guide for future development on the property.
3.9. Streets: The collector streets conceptually shown on Exhibit `D' extending from U.S.
Hwy. 380, Coit Road, F.M. 2478 (Custer Road), and C.R. 79 (E. First St.) shall be
designed within a sixty -foot wide right-of-way. The paved section for these streets
shall be concrete paving thirty-one feet wide, except for the potential widening to
accommodate traffic at intersections with major thoroughfares. In the event that a
school is located within the development, additional paving width will be provided
to accommodate school traffic. The developer will be responsible for one-half the
cost for the street adjacent to the school. The residential streets shall consist of a
fifty -foot wide right-of-way with a twenty-seven foot paving section; and drainage
systems, which shall be incorporated into the street facility with concrete paving and
mountable curbs. In neighborhoods where lots are alley -served, residential streets
Brookhollow Planned Development, Town of Prosper, TX Page 19 of 34
shall consist of a fifty -foot wide right-of-way with a thirty-one foot paving section;
and drainage systems, which shall be incorporated into the street facility with
concrete paving and mountable curbs. All Collector Class Thoroughfares shall meet
the standards specified in the Town's Thooughfare and Circulation Design
Standards. All Residential Streets, Collector Streets and Thoroughfares with
landscape and setback areas shall be shown on the Plat. Right-of-way area shall be
dedicated and provided to adjacent street or road sections in conformance with the
approved Town of Prosper Thoroughfare Plan.
3.10. Maintenance of Facilities: The Developers shall establish a Homeowner's Association
(HOA), in which membership is mandatory for each lot, and 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 or adjacent Right- of -
Way (ROW). The homeowner's association will be created with Phase 1 and each
subsequent phase shall be annexed into the association as specified in Exhibit E.
Prior to transfer of the ownership to the HOA, all specified facilities shall be
constructed by the Developer and approved by the Town. The developer shall
provide the Town with a copy of a mandatory HOA agreement that will become part
of the deed of record.
3.11. Sidewalks: Any required sidewalk on collector streets may be located on one side of the
street only. In such cases, the sidewalk shall be eight -feet wide and shall be generally
meandering where possible. The residential streets will have a four foot wide
sidewalk located on each side of the street and shall be located no less than two feet
from the street right-of-way line. All public street sidewalks and crossings shall be
ADA compliant. In locations where open space, common, or HOA areas exist,
sidewalks shall be extended to connect with adjacent walks or trails.
3.12. Landscaping
3.12.1. Front Yard: A minimum of two four -inch caliper trees, measured at twelve inches
above the root ball, shall be planted in the front yard of each Tract `2' residential
lot (see Exhibit `G'). The required trees will typically be planted by the builder at
the time of house construction and must be installed prior to the issuance of the
certificate of occupancy for that lot and house.
If pre-existing trees on the lot remain after the completion of construction on the
lot, such trees may be used to meet the planting requirements for the respective
lot.
3.12.2. Yard Space that Abuts Street (side yard on a streets Two canopy trees with a
minimum caliper of four inches each measured twelve inches above the root ball,
shall be planted in each side yard space that abuts a street. These required trees
shall be in addition to the required front yard trees and shall be planted generally
parallel to the street at the edge of the street right of way. The required trees will
typically be planted by the builder at the time of house construction and must be
installed prior to the issuance of the certificate of occupancy for that lot and
house.
Brookhollow Planned Development, Town of Prosper, TX Page 20 of 34
3.12.3. Side Yard: Side yard landscaping is required on each side yard adjacent to
Collector Streets within the development. Such landscaping shall include trees,
shrubs, turf grass and earthen berms. Landscape beds in the yard space that abuts
a street shall be limited to, and extend from, the house perimeter and walkways.
Such beds shall have natural shapes. The intent of this guideline is to reinforce
the continuity of the street with planting beds that visually reinforce the street
edge rather than the lot. Therefore, floating beds in the yard space are prohibited.
Such planting beds must run parallel to the street and create natural shapes that
respond to the required trees (described above).
3.13. Fencing: Consistent fencing shall be required on all lots adjacent to Major
Thoroughfares as identified on the Town's Future Thoroughfare Plan. Such
fencing shall conform to the standards established by the Town for various types
of fencing as found in Subdivision Ordinance 03-05 as it exists or may be
amended. (See Exhibit `F')
3.14. Park Dedication Requirements: The development of Tract `2' will provide for a
dedication of a minimum of 5.56 acres or 5% of the net platted acreage,
whichever is less, to the Town for park purposes, including, but not limited to,
neighborhood parks, linear parks, hike and bike trails, pocket parks, water
features, creeks and natural preserved areas, or other purposes as determined by
the Town. Park dedications for Tract `1', Tract `2', and properties subject to
Planned Development-25 (Ordinance No. 06-73) may be combined and dedicated
without regard to specific tract delineation, subject to approval of the Town's
Parks and Recreation Board. This requirement may also be fulfilled through the
payment of park dedication fees in accordance with Subdivision Ordinance No.
03-05 subject to approval of the Town's Parks and Recreation Board. All other
aspects of park dedication shall comply with Subdivision Ordinance No. 03-05 as
it presently exists, unless modified by a separate agreement.
3.15. Mechanical Equipment: All mechanical equipment (pool, air conditioning, solar
collectors, etc.) must be completely screened from the adjacent street. A
combination of screens, hedges, or walls should be used to screen equipment or
mechanical areas.
3.16. Adjacency to Major Creeks, Floodplains, and Open Space: All development within
Tract `2' shall comply with Section 14 of Subdivision Ordinance No. 03-05 as it
presently exists.
Brookhollow Planned Development, Town of Prosper, TX Page 21 of 34
EXHIBIT "E"
Development Schedule
for
TOWN OF PROSPER, TEXAS
The development of Tracts 1 and 2 is anticipated to be consistent with the development schedule
included in Planned Development-25 and will range from two to twenty years dependent upon
phasing. Dates are approximate and are subject to change due to external forces such as market
conditions. Start dates for the overall project will depend on the availability of adequate
infrastructure service to this area.
Brookhollow Planned Development, Town of Prosper, TX Page 23 of 34
EXHIBIT "F"
Single -Family Residential Design Guidelines
for
TOWN OF PROSPER, TEXAS
1. ARCHITECTURE:
All residences must conform to the French Country or European style and character. The
Developer encourages architectural continuity through traditional architectural style and
the use of complementary materials, as well as architectural diversity through variation of
hip and gable roofs, roof pitch, building offsets, garage entrances, garage sizes, etc.
While each home should compliment adjacent structures, every home should have a
unique identity through the use of detailing such as cast stone, wrought iron, window
treatments, dormers, turrets, flat work, tree placement, brick details, natural stone,
combining brick and natural stone, gas lights, landscape illumination, etc. The Developer
encourages the use of wood timbers, finials, decorative cornices, copper vents, cast stone
decorative features, paint grip sheet metal, copper guttering and European architectural
details that individualize each residence.
2. EXTERIOR MATERIALS & DETAILING:
2.1. Exterior materials shall be 100% masonry (brick, cast stone and stone) on all
walls visible from any street, and 80% masonry on each (not cumulative)
remaining side and rear elevations. All exposed portions of the fire breast, flu and
chimney shall be clad in brick, stone or brick and stone, matching the materials
used on the residence. All window headers, sides and sills, which are exposed to
the street or common areas, shall be constructed of cast stone, natural stone,
decorative shaped brick or a combination thereof. All windows will have a least
6" of exterior material between the header and fascia board. No Exterior
Insulation and Finish Systems (E.I.F.S.) are permitted on any exterior elevation or
chimney.
2.2. The entire structure shall be guttered with downspouts. All gutter and
downspouts on the front of the house and any side that faces a street or common
area shall be molded form of smooth round material. Gutters shall not drain
across property lines.
Brookhollow Planned Development, Town of Prosper, TX Page 24 of 34
2.3. All windows visible from streets shall be painted or vinyl clad finished wood or
vinyl casement divided light windows. All windows facing any greenbelt area or
floodplain shall be vinyl on wood casement divided light or wide metal frame
windows with brick mould surrounds. Metal windows without brick mould are
allowed only in private enclosed yard areas.
2.4. For homes following the Type `2D' guidelines described in Section 1.7 of this
document, no window shall be allowed on the zero side of a dwelling other than
those windows that would view to a courtyard enclosed by a masonry wall. The
height of such courtyard windows shall not be higher than the masonry wall.
Glass block windows shall be allowed and shall not be bound by this restriction
2.5. Second story side windows shall be located so as to restrict views into adjacent
windows, patios, and/or courtyards as reasonably possible. The Developer will
review for approval the location of all second floor windows and shall make a
reasonable effort to maintain the privacy of the surrounding property owners.
2.6. Each structure shall have a minimum principal plate height of 10 feet on the first
floor and a minimum plate height of 9 feet on garages.
2.7. A uniform house number style and house number locations will be selected by the
developer.
2.8. A uniform mailbox style will be selected by the developer.
2.9. Stone shall be in chopped rectangular shapes and random sizes.
2.10. Cast Stone shall be light brown, white or cream in color with or without pitting.
2.11. Electrical meters visible from streets:
1. The supply conduit for electrical meters visible from streets or common
areas shall enter the foundation beneath the final yard grade so that the
electrical meter is recessed in the wall and the meter box front and the
meter are the only items visible.
2. Any meter visible from the street or common area must be screened by
solid fencing or landscape material.
3. ROOFING:
3.1. All roofs shall have a minimum slope of 12:12 roof pitch on any front and side
visible from a street or a common area and a minimum slope of 8:12 roof pitch for
rear and sides not visible from a street or a common area. Architectural designs
that warrant roof sections of less pitch will be given consideration by the
Developer. Satellite dishes shall not be installed in locations visible from the
street, common areas or other residences. Solar collectors, if used, must be
integrated into the building design and constructed of materials that minimize
their visual impact. Cornice, eave and architectural details may project up to two
feet six inches.
Brookhollow Planned Development, Town of Prosper, TX Page 25 of 34
3.2. Roof material shall be standing seam copper, approved standing seam metal,
natural slate shingles, approved imitation slate shingles or approved composition
30-year laminated shingles or other approved roof materials.
3.3. Roof form shall be limited to gables, hip, Dutch hip or Dutch gable. Roof forms
should be randomly distributed along each street. Front to rear and side -to -side
roof pitches must match on front elevations. The Developer will require variation
of roof pitch, dormer details, etc. for adjacent structures.
4. WALLS / FENCING / SCREENING:
4.1. Walls and screens visible from streets or common areas shall be constructed of
masonry matching that of the residence, masonry and wrought iron, or wrought
iron. Walls and screens not visible from streets or common areas may be
constructed of smooth finish redwood or #1 grade cedar. All fence posts shall be
steel set in concrete and shall not be visible from the alley or another dwelling.
All fence tops shall be level with grade changes stepped up or down as the grade
changes.
4.2. A common 4' wrought iron fence detail, to be used for all rear and side fencing
within the greenbelt / flood plain areas, will be chosen by the developer.
4.3. Equipment, air conditioning compressors, service yards, storage piles, woodpiles,
garbage receptacles, and similar items must be visually screened from streets,
alleys, common areas and neighboring lots by solid screening walls that match the
residence material.
4.4. Retaining walls built or abutting: front yards, side yards facing a greenbelt, or rear
yards within a greenbelt shall be constructed of mortar jointed brick matching the
residence, or mortar jointed Millsap stone. For retaining walls in other locations,
concrete and rock shall be allowed.
5. GARAGES / DRIVEWAYS / WALKWAYS:
All driveways fronting on a street shall be constructed of one or more of the following
materials: brick pavers, stone, interlocking pavers, or exposed aggregate; with brick or
stone borders or other approved materials. The Developer may consider front driveways
of stamped or broom finished concrete with brick or stone borders on a case -by -case
basis. All front entry surfaces must be constructed in brick, stone, slate, or flagstone. All
sidewalks and steps from the public sidewalk or front driveway to the front entry must be
constructed in brick, stone, slate, flagstone or other approved materials.
6. EXTERIOR LIGHTING:
Each required tree shall be down lighted with a minimum of two landscape illumination
fixtures connected to an electric eye photocell. In addition, all garage doors must have
one exterior light per parking space. All front entrances must have no less than one down
light and a minimum of one bracket light beside each front entrance. All entrance down
lights and all entrance bracket lights shall be controlled by electric eye photocells, and
Brookhollow Planned Development, Town of Prosper, TX Page 26 of 34
kept in working order at all times. All required tree lights, garage door lights, entrance
down lights and entrance bracket lights shall illuminate at dusk and shall remain
illuminated until sunrise.
7. TREES:
Landscape requirements shall include a minimum of two 4" caliper live oaks or red oaks
in the front yard. Any lot with more than 70 feet of frontage to adjacent streets and park
will require no less than one 5" caliper live oak or red oak tree for every 35' of street and
park frontage (or portion thereof) on each lot. For example, 80 feet of frontage would
require 3 trees. Per Sections 2.12.1 and 3.12.1, pre-existing trees that remain on a lot
after the completion of construction on the lot, such trees may be used to meet the
planting requirements for the respective lot.
Brookhollow Planned Development, Town of Prosper, TX Page 27 of 34
EXHIBIT "F"
Single -Family Residential Home Examples
for
i 11 'ism
TOWN TOWN OF PROSPER, TEXAS
Brookhollow Planned Development, Town of Prosper, TX Page 28 of 34
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Brookhollow Planned Development, Town of Prosper, TX Page 30 of 34
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Brookhollow Planned Development, Town of Prosper, TX Page 32 of 34
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Brookhollow Planned Development, Town of Prosper, TX Page 33 of 34
Example Streetscape
Brookhollow Planned Development, Town of Prosper, TX Page 34 of 34
ISPER
OWN OF
P
To: Mayor and Town Council
From: Matthew D. Denton, Town Secretary
CC: Mike Land, Town Manager
ADMINISTRATION
Regular Meeting
Prosper Town Council
February 12 6:00 p.m.
Re: Annexation of approximately 10.0141 acres of land generally located 3700+
feet east of Coit and 1840+ feet north of E. First Street.
Description:
Council accepted the petition for the voluntary annexation of approximately 10.0141 acres of
land generally located on 3700+ feet east of Coit and 1840+ feet north of E. First Street at their
November 27, 2007 meeting. Two public hearings regarding the proposed annexation were
conducted by Council at their January 8, 2008 and January 22, 2008 meetings. Following is an
ordinance to annex the property.
Recommendation:
Staff recommends approval of the ordinance to annex the property.
Agenda Item No. 5h - Page 1 of 1
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TOWN OF PROSPER, TEXAS
ORDINANCE NO.08-xxx
AN ORDINANCE PROVIDING FOR THE VOLUNTARY ANNEXATION OF A TRACT
OF LAND SITUATED IN THE SPENCER GRAHAM SURVEY, ABSTRACT 359,
COLLIN COUNTY, TEXAS, CONTAINING APPROXIMATELY 10.0141 ACRES OF
LAND, AND BEING MORE GENERALLY LOCATED 3700+ FEET EAST OF COIT
AND 1840+ FEET NORTH OF E. FIRST STREET MORE OR LESS IN COLLIN
COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE
ABOVE -DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS
AND PRIVILEGES OF OTHER CITIZENS OF PROSPER AND BE BOUND BY THE
ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED;
PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND
PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE.
WHEREAS, the Town of Prosper ("Prosper") received a request from LandPlan
Development Corp, to annex a tract of land containing approximately 10.0141 acres of land,
more or less; and
WHEREAS, the Town Council of the Prosper ("Town Council") under the authority of
Section 43.001, et seq. Local Government Code, investigated and determined that it would be
advantageous and beneficial to Prosper and its inhabitants to annex the below -described property
("Property") to Prosper; and
WHEREAS, the Town Council finds that all requisites relative to consideration and
adoption of this Ordinance have been complied with pursuant to Chapter 43, Local Government
Code; and
WHEREAS, the Town Council finds that the Property the subject of this Ordinance is
within the extraterritorial jurisdiction of Prosper and is adjacent and contiguous to the existing
town limits of Prosper; and
WHEREAS, the Town Council finds that the field notes close the boundaries of the
Property being annexed; and
WEHREAS, the Town Council finds that the Property the subject of this Ordinance is
one-half (1/2) mile or less in width; and
WHEREAS, the Town Council finds that the Property the subject of this Ordinance is
vacant and without residents or fewer than three (3) qualified voters reside thereon; and
WHEREAS, the Town Council has conducted at least two (2) public hearings at which
persons interested in the annexation were given an opportunity to be heard regarding the
proposed annexation and the proposed service plan; and
Page 1
WHEREAS, the Town Council finds the public hearings were conducted on or after the
fortieth (401h) day but before the twentieth (201h) day before the date of institution of the
annexation proceedings; and
WHEREAS, the Town Council finds it has completed the annexation process within
ninety (90) days after the Town Council instituted annexation proceedings; and
WHEREAS, the Town Council finds the proposed Service Plan for Annexed Area was
prepared in compliance with law and was available for review and inspection by citizens; and
WHEREAS, the Town Council finds that all legal notices, hearings, procedures and
publishing requirements for annexation have been performed and completed in the manner and
form set forth by law.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS:
SECTION 1: Findingsrporated. The findings set forth above are incorporated into
the body of this Ordinance as if fully set forth herein.
SECTION 2: Property Annexed. The Property described in the attached Exhibit "A"
and all public streets, roadways and alleyways located within or contiguous to the same is hereby
annexed to Prosper.
SECTION 3: Service Plan. The Service Plan for the Property is attached hereto as
Exhibit `B" and made a part hereof for all purposes.
SECTION 4: Rights/Privileges/Bound by Ordinances and Regulations. That from and
after the passage of this Ordinance, the Property shall be a part of Prosper, and the inhabitants
thereof shall be entitled to all the rights and privileges of all of the citizens of Prosper and shall
be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the
laws of the State of Texas.
SECTION 5: Official May and Boundaries Amended. That the official map and
boundaries of Prosper are hereby amended to include the property as part of Prosper and that a
certified copy of this Ordinance shall be filed in the County Clerk's office of Collin County,
Texas.
SECTION 6: Unlawful Use. It shall be unlawful for any person, firm or corporation to
make use of the Property in some manner other than as authorized by this Ordinance and Zoning
Ordinance No. 84-16, and any amendments thereto; and it shall be unlawful for any person, firm
Page 2
or corporation to construct on the Property any building that is not in conformity with the
permissible use under this Ordinance and Zoning Ordinance No. 84-16, and any amendments
thereto.
SECTION 7: 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 portions of said ordinances shall remain in full force and effect.
SECTION 8: 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 9: Effective Date. This Ordinance shall become effective immediately upon
its passage.
PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS THIS 12TH DAY OF FEBRUARY, 2008.
ATTESTED TO AND
CORRECTLY RECORDED BY:
MATTHEW D. DENTON, TRMC
TOWN SECRETARY
CHARLES NISWANGER, MAYOR
Page 3
TOWN OF PROSPER, TEXAS
SERVICE PLAN FOR ANNEXED AREA
ANNEXATION ORDINANCE: NO.
DATE OF ANNEXATION ORDINANCE:
ACREAGE ANNEXED:
SURVEY, ABSTRACT & COUNTY:
CURRENT PROPERTY OWNER:
08-xx
February 12, 2008
Approximately 10.0141 acres
Spencer Graham Survey, Abstract 359, Collin County
LandPlan Development Corporation
MUNICIPAL SERVICES TO THE ACREAGE DESCRIBED ABOVE SHALL BE FURNISHED BY OR ON BEHALF
OF THE TOWN OF PROSPER, TEXAS, AT THE FOLLOWING LEVELS AND IN ACCORDANCE WITH THE
FOLLOWING SCHEDULE:
A. POLICE SERVICE
PATROLLING, RESPONSES TO CALLS, AND OTHER ROUTINE POLICE SERVICES, WITHIN THE
LIMITS OF EXISTING PERSONNEL AND EQUIPMENT, WILL BE PROVIDED UPON THE
EFFECTIVE DATE OF THE ANNEXATION ORDINANCE.
2. UPON ULTIMATE DEVELOPMENT OF THE AREA, THE SAME LEVEL OF POLICE SERVICE WILL
BE PROVIDED TO THIS AREA AS ARE FURNISHED THROUGHOUT THE TOWN.
B. FIRE SERVICE
1. FIRE PROTECTION AND EMERGENCY AMBULANCE EQUIPMENT BY THE PRESENT
PERSONNEL AND THE PRESENT EQUIPMENT OF THE FIRE DEPARTMENT, WITHIN THE LIMITS
OF AVAILABLE WATER AND DISTANCES FROM THE EXISTING FIRE STATION, WILL BE
PROVIDED TO THIS AREA UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE.
2. UPON ULTIMATE DEVELOPMENT OF THE AREA, THE SAME LEVEL OF FIRE AND
EMERGENCY AMBULANCE SERVICES WILL BE PROVIDED TO THIS AREA AS ARE FURNISHED
THROUGHOUT THE TOWN.
C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES
1. ENFORCEMENT OF THE TOWN'S ENVIRONMENTAL HEALTH ORDINANCE AND
REGULATIONS, INCLUDED BUT NOT LIMITED TO WEED AND BRUSH ORDINANCES, JUNKED
AND ABANDONED VEHICLE ORDINANCE, AND ANIMAL CONTROL ORDINANCES, SHALL BE
PROVIDED WITHIN THIS AREA 60 DAYS TO THE EFFECTIVE DATE OF THE ANNEXATION
ORDINANCE. THESE ORDINANCES AND REGULATIONS WILL BE ENFORCED THROUGH THE
USE OF EXISTING PERSONNEL.
2. INSPECTION SERVICES, INCLUDING THE REVEIW OF BUILDING PLANS, THE ISSUANCE OF
PERMITS AND THE INSPECTION OF ALL BUILDINGS, PLUMBING, MECHANICAL, AND
ELECTRICAL WORK TO ENSURE COMPLIANCE WITH TOWN CODES AND ORDINANCES WILL
BE PROVIDED WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE.
EXISTING PERSONNEL WILL BE USED TO PROVIDE THESE SERVICES.
3. THE TOWN'S ZONING, SUBDIVISION, SIGN, AND OTHER ORDINANCES SHALL BE ENFORCED
IN THIS AREA BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE.
4. ALL INSPECTION SERVICES FURNISHED BY THE TOWN OF PROSPER, BUT NOT MENTIONED
ABOVE, WILL BE PROVIDED TO THIS AREA BEGINNING WITHIN 60 DAYS OF THE EFFECTIVE
DATE OF THE ANNEXATION ORDINANCE.
5. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS AREA, SUFFICIENT PERSONNEL
WILL BE PROVIDED TO FURNISH THIS AREA THE SAME LEVEL OF ENVIRONMENTAL HEALTH
AND CODE ENFORCEMENT SERVICES AS ARE FURNISHED THROUGHOUT THE TOWN.
D. PLANNING AND ZONING SERVICES
THE PLANNING AND ZONING JURISDICTION OF THE TOWN WILL EXTEND TO THIS AREA
UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. TOWN PLANNING WILL
THEREAFTER ENCOMPASS THIS PROPERTY, AND IT SHALL BE ENTITLED TO
CONSIDERATION FOR ZONING IN ACCORDANCE WITH THE TOWN'S COMPREHENSIVE PLAN.
E. PARK AND RECREATION SERVICES
1. RESIDENTS OF THIS PROPERTY MAY UTILIZE ALL EXISTING PARK AND RECREATIONAL
SERVICES, FACILITIES, AND SITES THROUGHOUT THE TOWN, BEGINNING UPON THE
EFFECTIVE DATE OF THE ANNEXATION ORDINANCE.
2. ADDITIONAL FACILITIES AND SITES TO SERVE THIS PROPERTY AND ITS RESIDENTS WILL BE
ACQUIRED, DEVELOPED, AND MAINTAINED AT LOCATIONS AND TIMES PROVIDED BY
APPLICABLE PLANS, POLICIES AND PROGRAMS AND DECISIONS OF THE TOWN OF PROSPER.
THIS PROPERTY WILL BE INCLIDED IN ALL FUTURE PLANS FOR PROVIDING PARKS AND
RECREATION SERVICES TO THE TOWN.
3. THIS PROPERTY WILL BE INCLUDED IN ALL PLANS FOR PROVIDING PARKS AND
RECREATION SERVICES TO THE TOWN. THE SAME LEVEL OF PARKS AND RECREATION
SERVICES SHALL BE FURNISHED TO THIS PROPERTY AS IS FURNISHED THROUGHOUT THE
TOWN.
4. EXISTING PARKS, PLAYGROUNDS, AND OTHER RECREATIONAL FACILITIES
WITHIN THIS PROPERTY SHALL, UPON DEDICATION TO AND ACCEPTANCE BY THE TOWN,
BE MAINTAINED AND OPERATED BY THE TOWN OF PROSPER, BUT NOT OTHERWISE.
F. SOLID WASTE COLLECTION
1. SOLID WASTE COLLECTION SHALL BE PROVIDED TO THE PROPERTY IN ACCORDANCE WITH
EXISTING TOWN POLICIES, BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION
ORDINANCE. RESIDENTS OR COMMERCIAL USERS OF THIS PROPERTY UTILIZING PRIVATE
COLLECTION SERVICES AT THE TIME OF ANNEXATION MAY CONTINUE TO DO SO IN LIEU OF
RECEIVINH CITY SERVICES UNTIL THE SECOND ANNIVERSARY OF THE EFFECTIVE DATE OF
THIS ORDINANCE.
2. AS DEVELOPMENT AND CONSTRUCTION COMMENCE ON THIS PROPERTY, AND POPULATION
DENSITY INCREASES TO THE PROPERTY LEVEL, SOLID WASTE COLLECTION SHALL BE
PROVIDED TO THIS PROPERTY IN ACCORDANCE WITH THE CURRENT POLICIES OF THE
TOWN AS TO FREQUENCY, CHANGES AND SO FORTH.
G. STREETS
1. THE TOWN OF PROSPER'S EXISTING POLICIES WITH REGARD TO STREET MAINTENANCE,
APPLICABLE THROUGHOUT THE ENTIRE TOWN, SHALL APPLY TO THIS PROPERTY
BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. UNLESS A
STREET WITHIN THIS PROPERTY HAS BEEN
CONSTRUCTED OR IS IMPROVED TO THE TOWN'S STANDARDS AND SPECIFICATIONS,
THAT STREET WILL NOT BE MAINTAINED BY THE TOWN OF PROSPER.
2. AS DEVELOPMENT, IMPROVEMENT OR CONSTRUCTION OF STREETS TO TOWN
STANDARDS COMMENCE WITHIN THIS PROPERTY, THE POLICIES OF THE TOWN OF PROSPER
WITH REGARD TO PARTICIPATION IN THE COSTS THEREOF, ACCEPTANCE UPON
COMPLETION, AND MAINTENANCE AFTER COMPLETION, SHALL APPLY.
3. THE SAME LEVEL OF MAINTENANCE SHALL BE PROVIDED TO STREETS
WITHIN THIS PROPERTY WHICH HAVE BEEN ACCEPTED BY THE TOWN OF PROSPER AS IS
PROVIDED TO TOWN STREETS THROUGHOUT THE TOWN.
4. STREET LIGHTING INSTALLED ON STREETS IMPROVED TO TOWN STANDARDS
SHALL BE MAINTAINED BY THE EXISTING FRANCHISE IN ACCORDANCE WITH CURRENT
POLICIES.
H. WATER SERVICES
1. CONNECTION TO EXISTING TOWN WATER MAINS FOR WATER SERVICE FOR DOMESTIC,
COMMERCIAL, AND INDUSTRIAL USE WITHIN THIS PROPERTY WILL BE PROVIDED IN
ACCORDANCE WITH EXISTING TOWN POLICIES. UPON CONNECTION TO EXISTING MAINS,
WATER WILL BE PROVIDED AT RATES ESTABLISHED BY TOWN ORDINANCES FOR SUCH
SERVICE THROUGHOUT THE TOWN.
2. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS PROPERTY, WATER MAINS OF
THE TOWN WILL BE EXTENDED IN ACCORDANCE WITH PROVISIONS OF THE SUBDIVISION
ORDINANCE AND OTHER APPLICABLE ORDINANCES AND REGULATIONS. TOWN
PARTICIPATION IN THE COSTS OF THESE EXTENSIONS SHALL BE IN ACCORDANCE WITH THE
APPLICABLE TOWN ORDINANCES AND REGULATIONS. SUCH EXTENSIONS WILL BE
COMMENCED WITHIN TWO AND ONE-HALF (2 ','z) YEARS FROM THE DATE OF ADOPTION OF
THE ANNEXATION ORDINANCE, OR UPON COMMENCEMENT OF DEVELOPMENT OF A
SUBDIVISION WITHIN THIS PROPERTY, WHICHEVER OCCURS LATER.
3. WATER MAINS INSTALLED OR IMPROVED TO TOWN STANDARDS WHICH ARE WITHIN THE
ANNEXED AREA AND ARE WITHIN DEDICATED EASEMENTS SHALL BE MAINTAINED BY THE
TOWN OF PROSPER BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION
ORDINANCE.
4. THEIR OWNERS, IN ACCORDANCE WITH EXISTING POLICIES APPLICABLE THROUGHOUT THE
TOWN, SHALL MAINTAIN PRIVATE WATER LINES WITHIN THIS PROPERTY.
I. SANITARY SEWER SERVICES
1. CONNECTIONS TO EXISTING TOWN SANITARY SEWER MAINS FOR SANITARY SEWAGE
SERVICE IN THIS AREA WILL BE PROVIDED IN ACCORDANCE WITH EXISTING TOWN
POLICIES. UPON CONNECTION, SANITARY SEWAGE SERVICE WILL BE PROVIDED AT RATES
ESTABLISHED BY TOWN ORDINANCES FOR SUCH SERVICE THROUGHOUT THE TOWN.
2. SANITARY SEWAGE MAINS AND:'OR LIFT STATIONS INSTALLED OR IMPROVED TO TOWN
STANDARDS, LOCATED IN APPROVED DEDICATED EASEMENTS, AND WHICH ARE WITHIN
THE ANNEXED AREA AND ARE CONNECTED TO TOWN MAINS WILL BE MAINTAINED BY THE
TOWN BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. PRIVATE
SEWER LINES SHALL BE MAINTAINED BY THE OWNERS THEREOF IN ACCORDANCE WITH
EXISTING TOWN POLICIES, PRACTICES AND REGULATIONS.
3. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS AREA, SANITARY SEWER
MAINS OF THE TOWN WILL BE EXTENDED IN ACCORDANCE WITH PROVISIONS OF THE
SUBDIVISION ORDINANCE AND OTHER APPLICABLE TOWN ORDINANCES AND
REGULATIONS. TOWN PARTICIPATION IN THE COSTS OF THE EXTENSIONS SHALL BE IN
ACCORDANCE WITH APPLICABLE TOWN ORDINANCES AND REGULATIONS. SUCH
EXTENSIONS WILL BE COMMENCED WITHIN TWO AND ONE-HALF (2 1/2) YEARS FROM THE
EFFECTIVE DATE OF THE ANNEXATION ORDINANCE, UNLESS THE SERVICES CANNOT BE
REASONABLY PROVIDED IN THAT PERIOD, THEN TOWN SHALL PROPOSE A SERVICE
SCHEDULE TO PROVIDE FOR THE PROVISION OF THE SERVICES WITHIN FOUR AND ONE-
HALF (4-1 '2) YEARS AFTER THAT DATE.
J. MISCELLANEOUS
1. ANY FACILITY OR BUILDING LOCATED WITHIN THE ANNEXED AREA AND UTILIZED BY THE
TOWN OF PROSPER IN PROVIDING SERVICES TO THE AREA WILL BE MAINTAINED BY THE
TOWN COMMENCING UPON THE DATE OF USE OR UPON THE EFFECTIVE DATE OF THE
ANNEXATION ORDINANCE, WHICHEVER OCCURS LATER.
2. GENERAL MUNICIPAL ADMINISTRATION AND ADMINISTRATIVE SERVICES TO THE TOWN
SHALL BE AVAILABLE TO THE ANNEXED AREA BEGINNING UPON THE EFFECTIVE DATE OF
THE ANNEXATION ORDINANCE.
3. NOTWITHSTANDING ANYTHING SET FORT ABOVE, THIS SERVICE PLAN DOES NOT REQUIRE
ALL TOWN SERVICES BE PROVIDED AS SETFORTH ABOVE IF DIFFERENTCHARACTERISTICS
OF TOPOGRAPHY, LAND USE AND POPULATION DENSITY ARE CONSIDERED A SUFFICIENT
BASIS FOR PROVIDING DIFFERENT LEVELS OF SERVICE.
4. THE SERVICE PLAN IS VALID FOR TEN (10) YEARS FROM THE EFFECTIVE DATE OF THE
ORDINANCE.
ISPER
OWN OF
To: Mayor and Town Council
From: Matthew D. Denton, Town Secretary
CC: Mike Land, Town Manager
ADMINISTRATION
Re: Resolution Ordering the May 10, 2008 General Election
Date: January 24, 2006 Council Meeting
Agenda Item•
Consider and act upon a Resolution ordering a General Election to be held jointly with the Prosper
Independent School District and the Collin County Community College District, and administered by the
Collin County Elections Administration on May 10, 2008, for the purpose of electing three (3) members,
Place 3, Place 4, and Place 5, to the Town of Prosper Town Council to fill expired terms.
Description of Agenda Item:
Following is a resolution ordering the General Election to be held jointly with the Prosper Independent
School District (PISD) and the Collin County Community College District (CCCCD) for the purpose of
electing Place 3, Place 4, and Place 5 to the Prosper Town Council to fill expired terms, as well as
designating polling places and election judges.
Budget Impact:
N/A
Legal Obligations and Review:
N/A
Attached Documents:
Resolution ordering the May 13, 2006 General Election.
Board, Committee and/or Staff Recommendation:
Staff recommends council approve a resolution order the General Election to be held on May 10, 2008 for
the purpose of election Place 3, Place 4, and Place 5 to the Prosper Town council to fill expired terms.
Agenda Item No. 5i
TOWN OF PROSPER, TEXAS
RESOLUTION 08-xx
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
COLLIN COUNTY, TEXAS, ORDERING THE GENERAL ELECTION TO BE
HELD JOINTLY WITH THE PROSPER INDEPENDENT SCHOOL DISTRICT
AND THE COLLIN COUNTY COMMUNITY COLLEGE DISTRICT AND
ADMINSTERED BY THE COLLIN COUNTY ELECTIONS ADMINISTRATION
ON MAY 10, 2008, FOR THE PURPOSE OF ELECTING PLACE 3, PLACE 4, AND
PLACE 5 TO THE TOWN OF PROSPER TOWN COUNCIL TO FILL EXPIRED
TERMS; DESIGNATING POLLING PLACES; DESIGNATION FILING
DEADLINES; ORDERING NOTICES OF ELECTION TO BE GIVEN AS
PRESCRIBED BY LAW IN CONNECTION WITH SUCH ELECTION;
DIRECTING THE GIVING OF NOTICE OF SUCH GENERAL ELECTION; AND
CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS THAT:
Section 1. In accordance with the general laws and Constitution of the State of Texas, a General Election is
hereby called and ordered for the 10`h day of May, 2008, the same being the second Saturday in May, at which general
election all qualified voters of the Town may vote for the purpose of electing three (3) Town Council members to fill the
expiring terms of the Prosper Town Council Place 3, Place 4, and Place 5. After the election results are canvassed, the
successful candidates for Places 3, 4, and 5 shall draw lots to determine which shall serve a two year term (1 place) and
which shall serve three year terms (2 places), in accordance with the Town Charter.
Section 2. No person's name shall be placed upon the ballot as a candidate for Council Member unless such
person has filed his or her sworn application as provided by Section 141.03 of the Texas Election Code, with the Town
Secretary of the Town at the Town Hall Office, located at 121 W. Broadway Street, Prosper, Texas 75078, not later than
5:00 p.m. on the 10`h day of March, 2008. The Town Secretary shall note on the face of each such application the date of
such filing. Such application shall include the office the candidate is seeking.
Section 3. Qualified voters of the following election precincts shall cast ballots for the General Election at
the heretofore established and designated polling place within the Town as follows:
County Election Precincts Polling Place
Precinct 13 & Precinct 29 (All Town Precincts) Prosper High School - Library
300 Eagle Lane
Prosper, Texas 75078
Election polls shall be open from 7:00 a.m. until 7:00 p.m. on the date of the election, May 10, 2008.
Section 4. Early voting by personal appearance shall be available at the Collin County Elections Office, 2010
Redbud Blvd., Suite 102, McKinney, Texas 75069 and the Town of Proper Town Hall, 121 W. Broadway, Prosper, Texas
75078, from 8:00 a.m. to 5:00 p.m., Monday through Friday, beginning on Monday, April 28, 2008 and continuing
through Tuesday, May 6, 2008, during regular business hours which is from 8:00 a.m. to 5:00 p.m., for early voting which
is not a Sunday or any official State holiday, with extended voting hours being held on Monday, May 5, 2008 from 7:00
a.m. to 7:00 p.m. and Tuesday, May 6, 2008 from 7:00 a.m. to 7:00 pm. at the Prosper Town Hall, 121 W. Broadway
Street, Prosper, Texas 75078. Applications for a ballot by mail shall be requested from and mailed to the Collin County
Elections Administration Office, Attn: Elections Administrator, 2010 Redbud Blvd., Suite 102, McKinney, Texas 75069.
Applications for a ballot by mail must be received no later than the close of business on May 2, 2008. Ballots by mail
must be received by 7:00 p.m. on May 10, 2008.
469690-1 Pagel U2
Section 5. Candidates must file for a specific place and adhere to the filing deadlines accordingly. Candidate
Packets are available in the Town Secretary's Office. The candidate filing deadlines for the General Election for the Place
3, Place 4, and Place 5 are as follows:
General Election Filing for the Position of Place 3. Place 4. and Place 5
February 11, 2008 beginning at 8:00 a.m. through March 10, 2008 ending at 5:00 p.m.
Candidates must file in the Town Secretary's Office located at 121 W. Broadway, Prosper, Texas.
Section 6. The voting at such election shall be upon Diebold's Accuvote TS R6v.4.5.2 direct recording
devices (DRE's) for early voting and Election Day, and optical -scan ballots with Diebold's Accuvote OS ROM v.1.96.4
for early voting by mail.
Section 7. Notice of this election shall be given in accordance with the provisions ofthe Texas Election Code
and returns of such notice shall be made as provided for in said Code. The Town Secretary shall issue all necessary orders
and writs for such election, and returns of such election shall be made to the Town Secretary after the closing of the polls.
Section 8. The designation of the election judges for the General Election will be in accordance with the
contract between the Town and the Collin County Election Administration.
Section 9. Said election shall be held in accordance with the Constitution and laws of the State of Texas, and
all duly qualified resident electors of the Town of Prosper, Texas, shall be entitled to vote.
Section 10. Said election shall be held in accordance with Texas Election Code and the Federal Voting Rights
Act of 1965, as amended.
Section 11. This Resolution and order for an election shall be effective from and after the passage of this
Resolution.
PASSED, APPROVED AND RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER,
COLLIN COUNTY, TEXAS ON THIS 12TH DAY OF FEBRUARY, 2008.
Charles Niswanger, Mayor
ATTEST:
Matthew D. Denton, TRMC
Town Secretary
469690-1 Page 2 of 2
t
P TOWN EIZ
To: Mayor and Town Council
From: Kirk McFarlin, Police Chief
Cc: Mike Land, Town Manager
Re: Town Council Meeting —February 12, 2008
Date: January 28, 2008
Agenda Item:
Presentation of the 2007 Racial Profiling Report for the Prosper Police Department
Description of Agenda Item:
Each year, the police department is required to provide the governing body a report on the stops
made by that department. The attached report fulfills the obligation to report the information.
Budget Impact:
N/A
Legal Obligations and Review:
N/A
Attached Documents:
Prosper Police Department 2007 Racial Profiling Report
Board. Committee and/or Staff Recommendation:
No action is required by Council on this item. Staff will provide answers for any questions that
arise.
Agenda Item No. 5j
PROSPER POLICE DEPARTMENT 2007 RACIAL PROFILING REPORT
AM
AF
BF
BM
HF
HM
MM
OF
OM
WF
WM
PV
Totals
Contacts
2
2
47
116
10
80
1
1
0
866
1486
2
2613
Searches
0
0
1
2
0
2
0
0
0
5
26
0
36
Consent
0
0
1
2
0
2
0
0
0
5
25
0
35
Arrest
0
0
0
1
0
1
0
0
0
1
7
0
10
A- Asian B- African American H-Hispanic M-Middle Eastern
O - Other PV-Parking Violations — Race Unknown
The above graph illustrates the number of stops the Prosper Police Department has initiated during the
calendar year 2007. The stops include traffic stop, field interviews, as well as parking violations.
Parking violations were not utilizes on the percentage of stops on the second page of this report since
the vehicle was unoccupied and race was impossible to foresee with an unoccupied vehicle.
As with past years, this report is presented to the Council for review as required by Law. Chief
McFarlin and Captain McHone randomly view the in -vehicle videos obtained by each patrol unit. No
evidence exists that race or any other identifiable physical characteristic was used as a pretext to make
a traffic stop. The only identifiable precursor for being stopped by the Prosper Police Department
seems to be, violation of a law. Field interviews are also collected as part of this report. Field
interviews are completed when an officer locates as subject in a suspicious place and/or at a suspicious
time. Again, race is no an identifiable precursor for a field interview.
In summation, the report reflects that the Prosper Police Department does NOT use race as a factor to
determine if a person is stopped. Demographics have changed significantly since the 2000 Census was
preformed. The population has more than doubled in the past seven years. The second page of this
report utilizes some of the numbers from the 2000 Census and were obtained on the US Census
website via the internet at: http://censtats.census.gov/data/TX1604859696.pdf
The Census data is not an accurate depiction of our current population's racial mixture. The Census
data also does not account of the high transient traffic that flows through Prosper on Preston Road each
day, nor does it account for all the construction crews that come into Prosper during the day.
Prosper Police Department 2007 Racial Profiling Report
Page 1
Stops
Stop Percentage
Census
Census Percentage
Asian
4
3.45%
8
0.36%
African American
163
6.24%
6
0.27%
Hispanic
90
3.45%
402
18.12%
Middle Eastern
1
0.04%
0
0.00%
Other
1
0.04%
108
4.87%
White
2352
90.08%
1 1695
1 76.39%
NOTE:
Census Data is from the 2000 Census. Percentages do not add to 100% because some races or
people report twice under some headings depending on their racial mix. The population has
grown substantially since the 2000 Census and the demographic make-up has changed
significantly since 2000.
2007 Racial Profiling
2500
2000 --� -
� � --s Stops
1500 - — - —0— Stops Precentage
1000 -- -- �—.. Census
L Census Precentage
500
i i V L
Q ` CL 0
Q E = W
Prosper Police Department 2007 Racial Profiling Report
Page 2
PLANNING
p
TOWN
SPER.
To: Mayor and Town Council
From: Chris Copple, Senior Planner
Cc: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Re: Town Council Meeting — February 12, 2008
Date: February 7, 2008
Agenda Item:
Consider and act upon 1) an Addendum of Town Approval for the Partial Assignment and
Assumption of Agreement between Frisco Tollway Partners, Ltd., and Hunter 380 Prosper, LP,
and 2) approve a resolution authorizing the Town Manager to execute the same.
Description of Agenda Item:
Hunter 380 Prosper, LP. has purchased property from Frisco Tollway Partners, Ltd., which is
part of the La Cima Development Agreement. The La Cima Development Agreement allows
Frisco Tollway Partners, Ltd. to assign their duties, responsibilities, obligations, rights, and
entitlements subject to approval of the Town. Frisco Tollway Partners, Ltd. is seeking to assign
their duties, responsibilities, obligations, rights, and entitlements to Hunter 380 Prosper, LP.
Budget Impact:
There are no significant budget implications associated with this item.
Legal Obligations and Review:
Review of this item by the Town Attorney is not required.
Attached Documents:
1. The Addendum of Town Approval for the Partial Assignment and Assumption of
Agreement between Frisco Tollway Partners, Ltd., and Hunter 380 Prosper, LP.
2. The Partial Assignment and Assumption of Agreement between Frisco Tollway Partners,
Ltd., and Hunter 380 Prosper, LP.
3. A resolution authorizing the Town Manager to execute an Addendum of Town Approval
for the Partial Assignment and Assumption of Agreement between Frisco Tollway
Partners, Ltd., and Hunter 380 Prosper, LP.
Town Staff Recommendation:
Town staff recommends the Town Council 1) approve an Addendum of Town Approval for the
Partial Assignment and Assumption of Agreement between Frisco Tollway Partners, Ltd., and
Hunter 380 Prosper, LP, and 2) approve a resolution authorizing the Town Manager to execute
the same.
Agenda Item No. 5k — Page 1 of 1
ADDENDUM OF TOWN APPROVAL
THIS ADDENDUM OF TOWN APPROVAL is attached to and made a part of that
certain Assignment and Assumption of Agreement dated March 22, 2007 (the "Assignment and
Assumption Agreement (Frisco Tollway to Hunter 380)"), by and between Frisco Tollway
Partners, Ltd., a Texas limited partnership ("Frisco Tollway"), and Hunter 380 Prosper, LP, a
Texas limited partnership ("Hunter 380").
The Assignment and Assumption Agreement (Frisco Tollway to Hunter 380), relates to
that certain Developer's Agreement dated October 26, 2004, by and among Mustang -Midway
Plano, Ltd., The Town of Prosper, Texas (the "Town"), and PDC 380 Prosper, Ltd., as the same
has been amended to date (as so amended, the "Developer's Agreement").
The Developer's Agreement provides in Section 21(1) thereof that the rights of the
Developer thereunder may be assigned and the obligations of the Developer thereunder may be
assumed only on notice to and with the consent and approval of the Town.
A part of the Developer's rights and obligations under the Developer's Agreement has
previously been assigned to and assumed by Frisco Tollway by that certain Partial Assignment
and Assumption Agreement dated as of June 22, 2005, between Mustang -Midway Plano, Ltd.,
and Frisco Tollway, and the Town has approved such assignment and assumption.
The Town has received notice of the assignment and assumption of the rights and
obligations of Frisco Tollway to Hunter 380 pursuant to terms and conditions of the Assignment
and Assumption Agreement (Frisco Tollway to Hunter 380), as incorporated as Exhibit "A", and
the Town has no objection to such assignment and assumption.
The Town therefore consents to and approves the assignment and assumption of the
rights and obligations of Frisco Tollway to Hunter 380 pursuant to terms and conditions of the
Assignment and Assumption Agreement (Frisco Tollway to Hunter 380).
TOWN OF PROSPER, TEXAS
In
Name:
Title:
Addendum of Town Approval - Frisco Tollway to Hunter 380 Page 1
507269.v1
STATE OF TEXAS §
COUNTY OF COLLIN §
This instrument was acknowledged before me on the
2008, by , the
Prosper, Texas, on behalf of such Town.
day of ,
of the Town of
Notary Public, State of Texas
Addendum of Town Approval Frisco Tollway to Hunter 380 Page 2
507269.v1
ASSIGNMENT AND ASSUMPTION OF AGREEMENT
THIS ASSIGNMENT AND ASSUMPTION OF AGREEMENT (this
"Assignment") is made to be effective as of the ZZ- day of March, 2007, by and
between FRISCO TOLLWAY PARTNERS, LTD., a Texas limited partnership
("Frisco Tollway"); and HUNTER 380 PROSPER, LP, a Texas limited partnership
("Hunter") and.
WITNESSETH:
WHEREAS, MUSTANG -MIDWAY PLANO, LTD., a Texas limited partnership
("Mustang"), THE TOWN OF PROSPER, TEXAS (the "Town") and PDC 380
PROSPER, LTD., a Texas limited partnership ("PDC Prosper"), have entered into that
certain Developer's Agreement (herein so called) dated October 26, 2004, and recorded in
Volume 5814, Page 4279 of the Land Records of Collin County, Texas, whereby
Mustang was granted certain rights and undertook certain obligations relating to that
certain property owned by Mustang as described therein; and
WHEREAS, Exhibit `B" of the Developer's Agreement describes and defines
203.775 acres of land, more or less, owned by Mustang and referred to in the Developer's
Agreement and in this Amendment as the "Mustang Property';
WHEREAS, PDC Prosper, Mustang and the Town have entered into that certain
First Amendment to Developer's Agreement (the "First Amendment"), dated June 22,
2005, and filed June 24, 2005, recorded in Volume 5947, Page 2550, Deed Records,
Collin County, Texas, whereby certain rights and obligations under the Developer's
Agreement were modified;
WHEREAS, Mustang has conveyed to Frisco Tollway a part of the Mustang
Property covered by the Developer's Agreement, as so amended by the First Amendment
(as so amended, the "Amended Developer's Agreement"), being 19.170 acres of land,
more or less, and the related easement estate (the "Frisco Tollway Property"), as more
specifically described in Exhibit "A" to that certain Special Warranty Deed dated as of
June 22, 2005, from Mustang to Frisco Tollway, recorded June 24, 2005, in Volume
05947, Page 02565 of the Deed Records, Collin County, Texas, as such Deed has been
amended by that certain Amendment to Special Warranty Deed dated as of June 22,
2005, by and between Mustang and Frisco Tollway, recorded August 15, 2005, in
Volume 05981, Page 03688 of the Deed Records, Collin County, Texas;
WHEREAS, in connection with the sale of the Frisco Tollway Property from
Mustang to Frisco Tollway, certain rights and obligations of Mustang under the Amended
Developer's Agreement, as the same affects the Frisco Tollway Property, were assigned
to and assumed by Frisco Tollway under and pursuant to that certain Partial Assignment
and Assumption Agreement (the "Frisco Tollway Assignment') by and between Mustang
and Frisco Tollway, dated June 22, 2005, recorded June 24, recorded as County Clerk's
Document Number 2005-0084520 of the Deed Records of Collin County, Texas;
Page 1 of 5
WHEREAS, Frisco Tollway is this date conveying the Frisco Tollway Property to
Hunter;
WHEREAS, Section 21(1) of the Amended Developer's Agreement provides,
among other things, that the Amended Developer's Agreement runs with the land, and
that notice to the Town of any transfer, sale or conveyance thereof is required; and
WHEREAS, in order to comply with said Section 21(1), and to provide for orderly
and proper development of the Frisco Tollway Property, Frisco Tollway desires to assign
to Hunter its rights and obligations under the Amended Developer's Agreement relating
to the Frisco Tollway Property, and Hunter desires to accept such assignment and assume
and agree to perform such rights and obligations thereunder, to the extent provided
herein, pursuant and subject to the terms and provisions hereof.
NOW, THEREFORE, for and in consideration of the sum of Ten and No/100
Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties agree as follows:
1. Frisco Tollway hereby grants, sells, assigns, transfers and conveys to
Hunter all of Frisco Tollway's rights, titles, interests, powers and duties in, to and under
the Amended Developer's Agreement, to the extent, and only to the extent, such rights,
titles, interests, powers and duties pertain to the Frisco Tollway Property.
2. Hunter hereby accepts such partial assignment and agrees to be bound by,
perform and assume the obligations, duties and responsibilities of Frisco Tollway
contained in the Amended Developer's Agreement, to the extent, and only to the extent,
such obligations, duties and responsibilities pertain to the Frisco Tollway Property and
arise or are to be performed after the date of this Assignment.
3. Hunter covenants and agrees to indemnify, defend and hold harmless
Frisco Tollway from and against any and all liabilities, damages, claims, causes of action,
costs and expenses (including, without limitation, and intended by way of example only,
reasonable attorneys fees, disbursements and amounts paid on final judgments or final
arbitration awards) arising out of Hunter's failure to perform the obligations, duties and
responsibilities assumed by Hunter in Paragraph 2 above.
4. Frisco Tollway represents and warrants that (i) Frisco Tollway is not in
breach of or default under the Developer's Agreement, and (h) there are no obligations
under the Developer's Agreement that pertain to the Frisco Tollway Property that are
presently due but not yet done or fulfilled in accordance with the terms of the
Developer's Agreement.
Page 2 of 5
5. All of the covenants, terms and conditions set forth herein shall be binding
upon and shall inure to the benefit of the parties hereto and their respective successors
and assigns.
6. This Assignment may be executed in a number of identical counterparts,
each of which will be deemed an original for all purposes and which together constitute
the agreement of the parties.
7. Upon recordation of this Assignment, notices to Hunter under the
Amended Developer's Agreement as they pertain to the Frisco Tollway Property only
shall be provided to:
If to Hunter: Hunter 380 Prosper, LP
3890 W. Northwest Hwy., Ste 100
Dallas, Texas 75220 USA
Telephone: (214) 550-1200
Facsimile: (214) 688-4466
8. The Amended Developer's Agreement is incorporated into this
Assignment for all purposes as if fully set forth herein.
9. IT IS UNDERSTOOD THAT NEGOTIATIONS ARE ONGOING WITH
THE TOWN ON POSSIBLE FURTHER AMENDMENTS TO THE AMENDED
DEVELOPER'S AGREEMENT, BUT IT IS FURTHER UNDERSTOOD AND
AGREED THAT THE ASSIGNMENT OF RIGHTS MADE HEREUNDER IS MADE
AS -IS AND THAT NO ASSURANCE IS GIVEN AS TO THE OUTCOME OF ANY
FURTHER NEGOTIATIONS WITH THE TOWN.
(Remainder of page intentionally left blank)
Page 3 of 5
IN WITNESS WHEREOF, Frisco Tollway and Hunter have executed this
Assignment as of the day and year first above written.
FRISCO TOLLWAY:
FRISCO TOLLWAY PARTNERS, LTD.,
a Texas limited partnership
By. MYC Company,
a Texas corporation,
General Partner
By:
L. Bradley Camp, President
HUNTER:
HUNTER 380 PROSPER, LP,
a Texas limited partnership
By: Hunter A, LLC,
a Texas limited liability company
General Partner
By:
Scott Rohrman, Manager
Page 4 of 5
IN WITNESS WHEREOF, Frisco Tollway and Hunter have executed this
Assignment as of the day and year first above written.
FRISCO TOLLWAY:
FRISCO TOLLWAY PARTNERS, LTD.,
a Texas limited partnership
By: MYC Company,
a Texas corporation,
z
zt
, re 'dent
HUNTER:
HUNTER 380 PROSPER, LP,
a Texas limited partnership
By: Hunter A, LLC,
a Texas limited liability company,
General Partner
Scott Rohrman, Manager
Page 4 of 5
THE STATE OF TEXAS
COUNTY OF DALLAS
This instrument was acknowledged before me on the _ day of March, 2007, by
L. Bradley Camp, President of MYC Company, a Texas corporation, as General Partner
of FRISCO TOLLWAY PARTNERS, LTD., a limited partnership, on behalf of said
limited liability company and limited partnership.
Notary Public, State of Texas
THE STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the 122_ day of March, 2007,
by Scott Rohrman, Manager of Hunter A, a Texas limited liability company, General
Partner of HUNTER 380 PROSPER, LP, a Texas limited partnership on behalf of said
limited liability company and limited partner p.
Notary Public, State of Texas
DIANE M, THIEBAUD
Notary Public, State of Texas
�. My Commission Expires
JUIy 11, 2010 1
Page 5 of 5
THE STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the &-I' Ay of March, 2007, by
L. Bradley Camp, President of MYC Company, a Texas corporation, as General Partner
of FRISCO TOLLWAY PARTNERS, LTD., a limited partnership, on behalf of said
"�° DIANA LEA ZUBROD
Notary Public, State of Texas � n �' '%
,�� 0 My Cotnn►. Expires Dec. 7, 2009 Xlc. (�
Notary Public, State of Texas
THE STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the day of March, 2007,
by Scott Rohrman, Manager of Hunter A, a Texas limited liability company, General
Partner of HUNTER 380 PROSPER, LP, a Texas limited partnership on behalf of said
limited liability company and limited partnership.
per re--&� 0!5 f c rv. +D
Chicago Title
201 West Virginia Ste
McKinney, TX 75069
Notary Public, State of Texas
Filed and Recorded
Official Public Records
Stacey Kemp
Collin County, TEXAS
031221Y007 03:42.19 PM
$40 00 TFOSTER
20070322e00389670
Page 5 of 5
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TOWN OF PROSPER, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER
OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE AN ADDENDUM
OF TOWN APPROVAL FOR THE PARTIAL ASSIGNMENT AND
ASSUMPTION OF AGREEMENT BETWEEN FRISCO TOLLWAY
PARTNERS, LTD., AND HUNTER 380 PROSPER, L.P.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: The 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
partial assignment and assumption of agreement between Frisco Tollway Partners, Ltd.,
and Hunter 380 Prosper, LP.
SECTION 2: Resolved by affirmative vote of the Town Council on the 12'h day of
February, 2008.
Charles Niswanger, Mayor
Matthew Denton, Town Secretary
ISR
PLANNING
PPE
To: Mayor and Town Council
From: Chris Copple, Senior Planner
Cc: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Re: Town Council Meeting — February 12, 2008
Date: February 7, 2008
Agenda Item:
Consider and act upon 1) an Addendum of Town Approval for the Partial Assignment and
Assumption of Agreement between Prosper Hillcrest 60, Ltd., and Hunter 380 Prosper, LP, and
2) approve a resolution authorizing the Town Manager to execute the same.
Description of Agenda Item:
Hunter 380 Prosper, LP. has purchased property from Prosper Hillcrest 60, Ltd., which is part of
the La Cima Development Agreement. The La Cima Development Agreement allows Prosper
Hillcrest 60, Ltd. to assign their duties, responsibilities, obligations, rights, and entitlements
subject to approval of the Town. Prosper Hillcrest 60, Ltd. is seeking to assign their duties,
responsibilities, obligations, rights, and entitlements to Hunter 380 Prosper, LP.
Budget Impact:
There are no significant budget implications associated with this item.
Legal Obligations and Review:
Review of this item by the Town Attorney is not required.
Attached Documents:
1. The Addendum of Town Approval for the Partial Assignment and Assumption of
Agreement between Prosper Hillcrest 60, Ltd., and Hunter 380 Prosper, LP.
2. The Partial Assignment and Assumption of Agreement between Prosper Hillcrest 60,
Ltd., and Hunter 380 Prosper, LP.
3. A resolution authorizing the Town Manager to execute an Addendum of Town Approval
for the Partial Assignment and Assumption of Agreement between Prosper Hillcrest 60,
Ltd., and Hunter 380 Prosper, LP.
Town Staff Recommendation:
Town staff recommends the Town Council 1) approve an Addendum of Town Approval for the
Partial Assignment and Assumption of Agreement between Prosper Hillcrest 60, Ltd., and
Hunter 380 Prosper, LP, and 2) approve a resolution authorizing the Town Manager to execute
the same.
Agenda Item No. 51— Page 1 of 1
ADDENDUM OF TOWN APPROVAL
THIS ADDENDUM OF TOWN APPROVAL is attached to and made a part of that
certain Assignment and Assumption of Agreement dated March 22, 2007 (the "Assignment and
Assumption Agreement (Prosper Hillcrest to Hunter 380)"), by and between Prosper Hillcrest
60, Ltd., a Texas limited partnership ("Prosper Hillcrest"), and Hunter 380 Prosper, LP, a Texas
limited partnership ("Hunter 380").
The Assignment and Assumption Agreement (Prosper Hillcrest to Hunter 380), relates to
that certain Developer's Agreement dated October 26, 2004, by and among Mustang -Midway
Plano, Ltd., The Town of Prosper, Texas (the "Town"), and PDC 380 Prosper, Ltd., as the same
has been amended to date (as so amended, the "Developer's Agreement").
The Developer's Agreement provides in Section 21(1) thereof that the rights of the
Developer thereunder may be assigned and the obligations of the Developer thereunder may be
assumed only on notice to and with the consent and approval of the Town.
A part of the Developer's rights and obligations under the Developer's Agreement has
previously been assigned to and assumed by Prosper Hillcrest by that certain Partial Assignment
and Assumption Agreement dated as of June 22, 2005, between Mustang -Midway Plano, Ltd.,
and Prosper Hillcrest, and the Town has approved such assignment and assumption.
The Town has received notice of the assignment and assumption of the rights and
obligations of Prosper Hillcrest to Hunter 380 pursuant to terms and conditions of the
Assignment and Assumption Agreement (Prosper Hillcrest to Hunter 380), as incorporated as
Exhibit "A", and the Town has no objection to such assignment and assumption.
The Town therefore consents to and approves the assignment and assumption of the
rights and obligations of Prosper Hillcrest to Hunter 380 pursuant to terms and conditions of the
Assignment and Assumption Agreement (Prosper Hillcrest to Hunter 380).
TOWN OF PROSPER, TEXAS
al
Name:
Title:
Addendum of Town Approval -Prosper Hillcrest to Hunter 380 Page 1
507272.v1
STATE OF TEXAS §
COUNTY OF COLLIN §
This instrument was acknowledged before me on the
2008, by , the
Prosper, Texas, on behalf of such Town.
day of ,
of the Town of
Notary Public, State of Texas
Addendum of Town Approval Prosper Hillcrest to Hunter 380 Page 2
507272.v 1
ASSIGNMENT AND ASSUMPTION OF AGREEMENT
THIS ASSIGNMENT AND ASSUMPTION OF AGREEMENT (this
"Assignment") is made to be effective as of the ZZ- day of March, 2007, by and
between PROSPER HILLCREST 60, LTD., a Texas limited partnership ("Prosper
Hillcrest"); and HUNTER 380 PROSPER, LP, a Texas limited partnership ("Hunter")
and.
WITNESSETH:
WHEREAS, MUSTANG -MIDWAY PLANO, LTD., a Texas limited partnership
("Mustang"), THE TOWN OF PROSPER, TEXAS (the "Town") and PDC 380
PROSPER, LTD., a Texas limited partnership ("PDC Prosper"), have entered into that
certain Developer's Agreement (herein so called) dated October 26, 2004, and recorded in
Volume 5814, Page 4279 of the Land Records of Collin County, Texas, whereby
Mustang was granted certain rights and undertook certain obligations relating to that
certain property owned by Mustang as described therein; and
WHEREAS, Exhibit `S" of the Developer's Agreement describes and defines
203.775 acres of land, more or less, owned by Mustang and referred to in the Developer's
Agreement and in this Amendment as the "Mustang Property";
WHEREAS, PDC Prosper, Mustang and the Town have entered into that certain
First Amendment to Developer's Agreement (the "First Amendment'), dated June 22,
2005, and filed June 24, 2005, recorded in Volume 5947, Page 2550, Deed Records,
Collin County, Texas, whereby certain rights and obligations under the Developer's
Agreement were modified;
WHEREAS, Mustang has conveyed to Prosper Hillcrest a part of the Mustang
Property covered by the Developer's Agreement, as so amended by the First Amendment
(as so amended, the "Amended Developer's Agreement"), being 62.466 acres of land (the
"Prosper Hillcrest Prop ert-'), as more specifically described in Exhibit "A" to that
certain Special Warranty Deed dated as of August 10, 2005, from Mustang to Prosper
Hillcrest recorded August 15, 2005, in Volume 05981, Page 03696 of the Deed Records,
Collin County, Texas;
WHEREAS, in connection with the sale of the Prosper Hillcrest Property from
Mustang to Prosper Hillcrest, certain rights and obligations of Mustang under the
Amended Developer's Agreement, as the same affects the Prosper Hillcrest Property,
were assigned to and assumed by Prosper Hillcrest under and pursuant to that certain
Partial Assignment and Assumption Agreement (the "Prosper Hillcrest Assignment") by
and between Mustang and Prosper Hillcrest dated August 10, 2005, recorded August 15,
2005, recorded as Clerk's Document Number 2005-0112364, of the Deed Records of
Collin County, Texas;
Page 1 of 5
WHEREAS, Prosper Hillcrest is this date conveying the Prosper Hillcrest
Property to Hunter;
WHEREAS, Section 21(1) of the Amended Developer's Agreement provides,
among other things, that the Amended Developer's Agreement runs with the land, ' and
that notice to the Town of any transfer, sale or conveyance thereof is required; and
WHEREAS, in order to comply with said Section 21(1), and to provide for orderly
and proper development of the Prosper Hillcrest Property, Prosper Hillcrest desires to
assign to Hunter its rights and obligations under the Amended Developer's Agreement
relating to the Prosper Hillcrest Property, and Hunter desires to accept such assignment
and assume and agree to perform such rights and obligations thereunder, to the extent
provided herein, pursuant and subject to the terms and provisions hereof.
NOW, THEREFORE, for and in consideration of the sum of Ten and No/100
Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties agree as follows:
1. Prosper Hillcrest hereby grants, sells, assigns, transfers and conveys to
Hunter all of Prosper Hillcrest's rights, titles, interests, powers and duties in, to and under
the Amended Developer's Agreement to the extent, and only to the extent, such rights,
titles, interests, powers and duties pertain to the Prosper Hillcrest Property.
2. Hunter hereby accepts such partial assignment and agrees to be bound by,
perform and assume the obligations, duties and responsibilities of Prosper Hillcrest
contained in the Amended Developer's Agreement, to the extent, and only to the extent,
such obligations, duties and responsibilities pertain to the Prosper Hillcrest Property and
arise or are to be performed after the date of this Assignment.
3. Hunter covenants and agrees to indemnify, defend and hold harmless
Prosper Hillcrest from and against any and all liabilities, damages, claims, causes of
action, costs and expenses (including, without limitation, and intended by way of
example only, reasonable attorneys fees, disbursements and amounts paid on final
judgments or final arbitration awards) arising out of Hunter's failure to perform the
obligations, duties and responsibilities assumed by Hunter in Paragraph 2 above.
4. Prosper Hillcrest represents and warrants that (i) Prosper Hillcrest is not in
breach of or default under the Developer's Agreement, and (ii) there are no obligations
under the Developer's Agreement that pertain to the Prosper Hillcrest Property that are
presently due but not yet done or fulfilled in accordance with the terms of the
Developer's Agreement.
5. All of the covenants, terms and conditions set forth herein shall be binding
upon and shall inure to the benefit of the parties hereto and their respective successors
and assigns.
Page 2 of 5
6. This Assignment may be executed in a number of identical counterparts,
each of which will be deemed an original for all purposes and which together constitute
the agreement of the parties.
7. Upon recordation of this Assignment, notices to Hunter under the
Amended Developer's Agreement as they pertain to the Prosper Hillcrest Property only
shall be provided to:
If to Hunter: Hunter 380 Prosper, LP
3890 W. Northwest Hwy., Ste 100
Dallas, Texas 75220 USA
Telephone: (214) 550-1200
Facsimile: (214) 688-4466
8. The Amended Developer's Agreement is incorporated into this
Assignment for all purposes as if fully set forth herein.
9. IT IS UNDERSTOOD THAT NEGOTIATIONS ARE ONGOING WITH
THE TOWN ON POSSIBLE FURTHER AMENDMENTS TO THE AMENDED
DEVELOPER'S AGREEMENT, BUT IT IS FURTHER UNDERSTOOD AND
AGREED THAT THE ASSIGNMENT OF RIGHTS MADE HEREUNDER IS MADE
AS -IS AND THAT NO ASSURANCE IS GIVEN AS TO THE OUTCOME OF ANY
FURTHER NEGOTIATIONS WITH THE TOWN.
(Remainder of page intentionally left blank)
Page 3 of 5
IN WITNESS WHEREOF, Prosper Hillcrest and Hunter have executed this
Assignment as of the day and year first above written.
PROSPER EMLCREST•
PROSPER HILLCREST 60, LTD.,
a Texas limited partnership
By: Prosper Hillcrest Management, LLC,
a Texas limited liability company,
General Partner
In
L. Bradley Camp, Manager
HUNTER:
HUNTER 380 PROSPER, LP,
a Texas limited partnership
By: Hunter A, LLC,
a Texas limited liability company
General Panne
By:
Scott Rohrman, Manager
Page 4 of 5
IN WITNESS WHEREOF, Prosper Hillerest and Hunter have executed this
Assignment as of the day and year first above written.
PROSPER HILLCREST:
PROSPER HILLCREST 60, LTD.,
a Texas limited partnership
By: Prosper Hillcrest Management, LLC,
a Texas limited liability company,
General r
-4�-'By
. radley Cam anag l
HUNTER
HUNTER 380 PROSPER, LP,
a Texas limited partnership
By: Hunter A, LLC,
a Texas limited liability company,
General Partner
n
Scott Rohrman, Manager
Page 4 of 5
THE STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on thea2c dAy of March, 2007, by
L. Bradley Camp, Manager of Prosper Hillcrest Management, LLC, as General Partner of
PROSPER HILLCREST 60, Ltd., a limited partnership, on behalf of said limited liability
company and limited partnership.
aDIANA LEA ZUBRQD
My Co Public, State of Texas
Comm Expires Dec, 7, 2009
As §
§
COUNTY OF DALLAS §
l It_k, ,? I
Notary Public, State of Texas
This instrument was acknowledged before me on the day of March, 2007,
by Scott Rohrman, Manager of Hunter A, a Texas limited liability company, General
Partner of HUNTER 380 PROSPER, LP, a Texas limited partnership on behalf of said
limited liability company and limited partnership.
Notary Public, State of Texas
Page 5 of 5
THE STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _ day of March, 2007, by
L. Bradley Camp, Manager of Prosper Hillcrest Management, LLC, as General Partner of
PROSPER HILLCREST 60, Ltd., a limited partnership, on behalf of said limited liability
company and limited partnership.
Notary Public, State of Texas
THE STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the s22. - day of March, 2007,
by Scott Rohrman, Manager of Hunter A, a Texas limited liability company, General
Partner of HUNTER 380 PROSPER, LP, a Texas limited partnership on behalf of said
limited liability company and limited partners
Notary Public, State of Texas
�nm+W
,.*e�p)►u,`,4 DIANE M. THIEBAUD
Notary Public, State of Texas
•, My commission Expires
July 11, 2010
Chicago Title
201 West Virginia St.
McKinney, TX 75069
Filed and Recorded
official Public Records
Stacey KemP
Collin County, TEXAS
03/22/2007 03:42:19 PM
$40'ee TFOSTER
20070322000389650
Page 5 of 5
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TOWN OF PROSPER, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER
OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE AN ADDENDUM
OF TOWN APPROVAL FOR THE PARTIAL ASSIGNMENT AND
ASSUMPTION OF AGREEMENT BETWEEN PROSPER HILLCREST
60, LTD., AND HUNTER 380 PROSPER, L.P.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: The 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
partial assignment and assumption of agreement between Prosper Hillcrest 60, Ltd., and
Hunter 380 Prosper, LP.
SECTION 2: Resolved by affirmative vote of the Town Council on the 12th day of
February, 2008.
Charles Niswanger, Mayor
ATTEST:
Matthew Denton, Town Secretary
r '
P TOWN 'ER.
To: Mayor and Town Council
From: Matthew D. Denton, Town Secretary
Xc: Mike Land, Town Manager
ADMINISTRATION
Regular Meeting
Prosper Town Council
February 12, 2008 - 6:00 p.m.
Re: Annexation of approximately 2106.592 acres of land generally located north
of Hwy 380 and west of Fields Road.
Description:
Council accepted the petition for the voluntary annexation of approximately 2106.592 acres of
land north of Hwy 380 and west of Fields Road at their January 8, 2008 meeting. This is the first
of two public hearings required to annex the property. Following is a service plan for the
property.
Recommendation:
Staff recommends that Council receive any input at the public hearing. Following the public
hearing, no Council action is required.
Agenda Item No. 6
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TOWN OF PROSPER, TEXAS
SERVICE PLAN FOR ANNEXED AREA
ANNEXATION ORDINANCE: NO.
DATE OF ANNEXATION ORDINANCE:
ACREAGE ANNEXED:
SURVEY, ABSTRACT & COUNTY:
CURRENT PROPERTY OWNER:
08-xx
March 11, 2008
Approximately 2106.592 acres
C. SMITH SURVEY, ABSTRACT 1681, THE J. BATES
SURVEY, ABSTRACT NO. 1620, THE L. SALING SURVEY,
ABSTRACT NO. 1675, THE H. P. SURVEY, ABSTRACT NO.
1628, THE M.E.P. & P. RR SURVEY, ABSTRACT NO. 1476,
THE P. BARNES SURVEY, ABSTRACT NO. 79, THE B.
HADGES SURVEY, ABSTRACT NO. 593, THE A. B.
JAMISON SURVEY, ABSTRACT NO. 672, THE B.B.
WALTON SURVEY, ABSTRACT NO. 1369, THE T. BUTTON
SURVEY, ABSTRACT NO. 88, THE P.R. RUE SURVEY,
ABSTRACT NO. 1555, THE J. TETTER SURVEY, ABSTRACT
NO. 1262, THE L. NETHERLY SURVEY, ABSTRACT NO. 962,
THE B. RUE SURVEY, ABSTRACT NO. 1113, THE A.
ROBERTS SURVEY, ABSTRACT NO. 1115, IN DENTON
COUNTY, TEXAS, THE R. YATES SURVEY, ABSTRACT NO.
1538, THE L. RUE SURVEY, ABSTRACT NO. 1110, THE H.
RUE SURVEY, ABSTRACT NO. 1111, THE J. MORTON
SURVEY, ABSTRACT NO. 793, Denton County
Forest City Land Group
MUNICIPAL SERVICES TO THE ACREAGE DESCRIBED ABOVE SHALL BE FURNISHED BY OR ON BEHALF
OF THE TOWN OF PROSPER, TEXAS, AT THE FOLLOWING LEVELS AND IN ACCORDANCE WITH THE
FOLLOWING SCHEDULE:
A. POLICE SERVICE
PATROLLING, RESPONSES TO CALLS, AND OTHER ROUTINE POLICE SERVICES, WITHIN THE
LIMITS OF EXISTING PERSONNEL AND EQUIPMENT, WILL BE PROVIDED UPON THE
EFFECTIVE DATE OF THE ANNEXATION ORDINANCE.
2. UPON ULTIMATE DEVELOPMENT OF THE AREA, THE SAME LEVEL OF POLICE SERVICE WILL
BE PROVIDED TO THIS AREA AS ARE FURNISHED THROUGHOUT THE TOWN.
B. FIRE SERVICE
1. FIRE PROTECTION AND EMERGENCY AMBULANCE EQUIPMENT BY THE PRESENT
PERSONNEL AND THE PRESENT EQUIPMENT OF THE FIRE DEPARTMENT, WITHIN THE LIMITS
OF AVAILABLE WATER AND DISTANCES FROM THE EXISTING FIRE STATION, WILL BE
PROVIDED TO THIS AREA UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE.
2. UPON ULTIMATE DEVELOPMENT OF THE AREA, THE SAME LEVEL OF FIRE AND
EMERGENCY AMBULANCE SERVICES WILL BE PROVIDED TO THIS AREA AS ARE FURNISHED
THROUGHOUT THE TOWN.
C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES
1. ENFORCEMENT OF THE TOWN'S ENVIRONMENTAL HEALTH ORDINANCE AND
REGULATIONS, INCLUDED BUT NOT LIMITED TO WEED AND BRUSH ORDINANCES, JUNKED
AND ABANDONED VEHICLE ORDINANCE, AND ANIMAL CONTROL ORDINANCES, SHALL BE
PROVIDED WITHIN THIS AREA 60 DAYS TO THE EFFECTIVE DATE OF THE ANNEXATION
ORDINANCE. THESE ORDINANCES AND REGULATIONS WILL BE ENFORCED THROUGH THE
USE OF EXISTING PERSONNEL.
2. INSPECTION SERVICES, INCLUDING THE REVEIW OF BUILDING PLANS, THE ISSUANCE OF
PERMITS AND THE INSPECTION OF ALL BUILDINGS, PLUMBING, MECHANICAL, AND
ELECTRICAL WORK TO ENSURE COMPLIANCE WITH TOWN CODES AND ORDINANCES WILL
BE PROVIDED WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE.
EXISTING PERSONNEL WILL BE USED TO PROVIDE THESE SERVICES.
3. THE TOWN'S ZONING, SUBDIVISION, SIGN, AND OTHER ORDINANCES SHALL BE ENFORCED
IN THIS AREA BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE.
4. ALL INSPECTION SERVICES FURNISHED BY THE TOWN OF PROSPER, BUT NOT MENTIONED
ABOVE, WILL BE PROVIDED TO THIS AREA BEGINNING WITHIN 60 DAYS OF THE EFFECTIVE
DATE OF THE ANNEXATION ORDINANCE.
5. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS AREA, SUFFICIENT PERSONNEL
WILL BE PROVIDED TO FURNISH THIS AREA THE SAME LEVEL OF ENVIRONMENTAL HEALTH
AND CODE ENFORCEMENT SERVICES AS ARE FURNISHED THROUGHOUT THE TOWN.
D. PLANNING AND ZONING SERVICES
THE PLANNING AND ZONING JURISDICTION OF THE TOWN WILL EXTEND TO THIS AREA
UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. TOWN PLANNING WILL
THEREAFTER ENCOMPASS THIS PROPERTY, AND IT SHALL BE ENTITLED TO
CONSIDERATION FOR ZONING IN ACCORDANCE WITH THE TOWN'S COMPREHENSIVE PLAN.
E. PARK AND RECREATION SERVICES
I. RESIDENTS OF THIS PROPERTY MAY UTILIZE ALL EXISTING PARK AND RECREATIONAL
SERVICES, FACILITIES, AND SITES THROUGHOUT THE TOWN, BEGINNING UPON THE
EFFECTIVE DATE OF THE ANNEXATION ORDINANCE.
2. ADDITIONAL FACILITIES AND SITES TO SERVE THIS PROPERTY AND ITS RESIDENTS WILL BE
ACQUIRED, DEVELOPED, AND MAINTAINED AT LOCATIONS AND TIMES PROVIDED BY
APPLICABLE PLANS, POLICIES AND PROGRAMS AND DECISIONS OF THE TOWN OF PROSPER.
THIS PROPERTY WILL BE INCLIDED IN ALL FUTURE PLANS FOR PROVIDING PARKS AND
RECREATION SERVICES TO THE TOWN.
3. THIS PROPERTY WILL BE INCLUDED IN ALL PLANS FOR PROVIDING PARKS AND
RECREATION SERVICES TO THE TOWN. THE SAME LEVEL OF PARKS AND RECREATION
SERVICES SHALL BE FURNISHED TO THIS PROPERTY AS IS FURNISHED THROUGHOUT THE
TOWN.
4. EXISTING PARKS, PLAYGROUNDS, AND OTHER RECREATIONAL FACILITIES
WITHIN THIS PROPERTY SHALL, UPON DEDICATION TO AND ACCEPTANCE BY THE TOWN,
BE MAINTAINED AND OPERATED BY THE TOWN OF PROSPER, BUT NOT OTHERWISE.
F. SOLID WASTE COLLECTION
I. SOLID WASTE COLLECTION SHALL BE PROVIDED TO THE PROPERTY IN ACCORDANCE WITH
EXISTING TOWN POLICIES, BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION
ORDINANCE. RESIDENTS OR COMMERCIAL USERS OF THIS PROPERTY UTILIZING PRIVATE
COLLECTION SERVICES AT THE TIME OF ANNEXATION MAY CONTINUE TO DO SO IN LIEU OF
RECEIVINH CITY SERVICES UNTIL THE SECOND ANNIVERSARY OF THE EFFECTIVE DATE OF
THIS ORDINANCE.
2. AS DEVELOPMENT AND CONSTRUCTION COMMENCE ON THIS PROPERTY, AND POPULATION
DENSITY INCREASES TO THE PROPERTY LEVEL, SOLID WASTE COLLECTION SHALL BE
PROVIDED TO THIS PROPERTY IN ACCORDANCE WITH THE CURRENT POLICIES OF THE
TOWN AS TO FREQUENCY, CHANGES AND SO FORTH.
G. STREETS
1. THE TOWN OF PROSPER'S EXISTING POLICIES WITH REGARD TO STREET MAINTENANCE,
APPLICABLE THROUGHOUT THE ENTIRE TOWN, SHALL APPLY TO THIS PROPERTY
BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. UNLESS A
STREET WITHIN THIS PROPERTY HAS BEEN
CONSTRUCTED OR IS IMPROVED TO THE TOWN'S STANDARDS AND SPECIFICATIONS,
THAT STREET WILL NOT BE MAINTAINED BY THE TOWN OF PROSPER.
2. AS DEVELOPMENT, IMPROVEMENT OR CONSTRUCTION OF STREETS TO TOWN
STANDARDS COMMENCE WITHIN THIS PROPERTY, THE POLICIES OF THE TOWN OF PROSPER
WITH REGARD TO PARTICIPATION IN THE COSTS THEREOF, ACCEPTANCE UPON
COMPLETION, AND MAINTENANCE AFTER COMPLETION, SHALL APPLY.
3. THE SAME LEVEL OF MAINTENANCE SHALL BE PROVIDED TO STREETS
WITHIN THIS PROPERTY WHICH HAVE BEEN ACCEPTED BY THE TOWN OF PROSPER AS IS
PROVIDED TO TOWN STREETS THROUGHOUT THE TOWN.
4. STREET LIGHTING INSTALLED ON STREETS IMPROVED TO TOWN STANDARDS
SHALL BE MAINTAINED BY THE EXISTING FRANCHISE IN ACCORDANCE WITH CURRENT
POLICIES.
H. WATER SERVICES
1. CONNECTION TO EXISTING TOWN WATER MAINS FOR WATER SERVICE FOR DOMESTIC,
COMMERCIAL, AND INDUSTRIAL USE WITHIN THIS PROPERTY WILL BE PROVIDED IN
ACCORDANCE WITH EXISTING TOWN POLICIES. UPON CONNECTION TO EXISTING MAINS,
WATER WILL BE PROVIDED AT RATES ESTABLISHED BY TOWN ORDINANCES FOR SUCH
SERVICE THROUGHOUT THE TOWN.
2. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS PROPERTY, WATER MAINS OF
THE TOWN WILL BE EXTENDED IN ACCORDANCE WITH PROVISIONS OF THE SUBDIVISION
ORDINANCE AND OTHER APPLICABLE ORDINANCES AND REGULATIONS. TOWN
PARTICIPATION IN THE COSTS OF THESE EXTENSIONS SHALL BE IN ACCORDANCE WITH THE
APPLICABLE TOWN ORDINANCES AND REGULATIONS. SUCH EXTENSIONS WILL BE
COMMENCED WITHIN TWO AND ONE-HALF (2 ''/z) YEARS FROM THE DATE OF ADOPTION OF
THE ANNEXATION ORDINANCE, OR UPON COMMENCEMENT OF DEVELOPMENT OF A
SUBDIVISION WITHIN THIS PROPERTY, WHICHEVER OCCURS LATER.
3. WATER MAINS INSTALLED OR IMPROVED TO TOWN STANDARDS WHICH ARE WITHIN THE
ANNEXED AREA AND ARE WITHIN DEDICATED EASEMENTS SHALL BE MAINTAINED BY THE
TOWN OF PROSPER BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION
ORDINANCE.
4. THEIR OWNERS, IN ACCORDANCE WITH EXISTING POLICIES APPLICABLE THROUGHOUT THE
TOWN, SHALL MAINTAIN PRIVATE WATER LINES WITHIN THIS PROPERTY.
I. SANITARY SEWER SERVICES
1. CONNECTIONS TO EXISTING TOWN SANITARY SEWER MAINS FOR SANITARY SEWAGE
SERVICE IN THIS AREA WILL BE PROVIDED IN ACCORDANCE WITH EXISTING TOWN
POLICIES. UPON CONNECTION, SANITARY SEWAGE SERVICE WILL BE PROVIDED AT RATES
ESTABLISHED BY TOWN ORDINANCES FOR SUCH SERVICE THROUGHOUT THE TOWN.
SANITARY SEWAGE MAINS AND:'OR LIFT STATIONS INSTALLED OR IMPROVED TO TOWN
STANDARDS, LOCATED IN APPROVED DEDICATED EASEMENTS, AND WHICH ARE WITHIN
THE ANNEXED AREA AND ARE CONNECTED TO TOWN MAINS WILL BE MAINTAINED BY THE
TOWN BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. PRIVATE
SEWER LINES SHALL BE MAINTAINED BY THE OWNERS THEREOF IN ACCORDANCE WITH
EXISTING TOWN POLICIES, PRACTICES AND REGULATIONS.
3. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS AREA, SANITARY SEWER
MAINS OF THE TOWN WILL BE EXTENDED IN ACCORDANCE WITH PROVISIONS OF THE
SUBDIVISION ORDINANCE AND OTHER APPLICABLE TOWN ORDINANCES AND
REGULATIONS. TOWN PARTICIPATION IN THE COSTS OF THE EXTENSIONS SHALL BE IN
ACCORDANCE WITH APPLICABLE TOWN ORDINANCES AND REGULATIONS. SUCH
EXTENSIONS WILL BE COMMENCED WITHIN TWO AND ONE-HALF (2 1 2) YEARS FROM THE
EFFECTIVE DATE OF THE ANNEXATION ORDINANCE, UNLESS THE SERVICES CANNOT BE
REASONABLY PROVIDED IN THAT PERIOD, THEN TOWN SHALL PROPOSE A SERVICE
SCHEDULE TO PROVIDE FOR THE PROVISION OF THE SERVICES WITHIN FOUR AND ONE-
HALF (4-1 2) YEARS AFTER THAT DATE.
J. MISCELLANEOUS
1. ANY FACILITY OR BUILDING LOCATED WITHIN THE ANNEXED AREA AND UTILIZED BY THE
TOWN OF PROSPER IN PROVIDING SERVICES TO THE AREA WILL BE MAINTAINED BY THE
TOWN COMMENCING UPON THE DATE OF USE OR UPON THE EFFECTIVE DATE OF THE
ANNEXATION ORDINANCE, WHICHEVER OCCURS LATER.
2. GENERAL MUNICIPAL ADMINISTRATION AND ADMINISTRATIVE SERVICES TO THE TOWN
SHALL BE AVAILABLE TO THE ANNEXED AREA BEGINNING UPON THE EFFECTIVE DATE OF
THE ANNEXATION ORDINANCE.
3. NOTWITHSTANDING ANYTHING SET FORT ABOVE, THIS SERVICE PLAN DOES NOT REQUIRE
ALL TOWN SERVICES BE PROVIDED AS SETFORTH ABOVE IF DIFFERENTCHARACTERISTICS
OF TOPOGRAPHY, LAND USE AND POPULATION DENSITY ARE CONSIDERED A SUFFICIENT
BASIS FOR PROVIDING DIFFERENT LEVELS OF SERVICE.
4. THE SERVICE PLAN IS VALID FOR TEN (10) YEARS FROM THE EFFECTIVE DATE OF THE
ORDINANCE.
f
P TOWN
SPER.
To: Mayor and Town Council
From: Matthew D. Denton, Town Secretary
Xc: Mike Land, Town Manager
ADMINISTRATION
Regular Meeting
Prosper Town Council
February 12, 2008 - 6:00 p.m.
Re: Annexation of approximately 27.149 acres of land generally located +1600
north of Hwy 380 and east of Good Hope Road.
Description:
Council accepted the petition for the voluntary annexation of approximately 27.149 acres of land
generally located +1600 north of Hwy 380 and east of Good Hope Road at their January 8, 2008
meeting. This is the first of two public hearings required to annex the property. Following is a
service plan for the property.
Recommendation:
Staff recommends that Council receive any input at the public hearing. Following the public
hearing, no Council action is required.
Agenda Item No. 7
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TOWN OF PROSPER, TEXAS
SERVICE PLAN FOR ANNEXED AREA
ANNEXATION ORDINANCE: NO.
DATE OF ANNEXATION ORDINANCE:
ACREAGE ANNEXED:
SURVEY, ABSTRACT & COUNTY:
CURRENT PROPERTY OWNER:
08-xx
March 11, 2008
Approximately 27.149 acres
J. Bates Survey, Abstract 1620, Denton County
Forest City Land Group
MUNICIPAL SERVICES TO THE ACREAGE DESCRIBED ABOVE SHALL BE FURNISHED BY OR ON BEHALF
OF THE TOWN OF PROSPER, TEXAS, AT THE FOLLOWING LEVELS AND IN ACCORDANCE WITH THE
FOLLOWING SCHEDULE:
A. POLICE SERVICE
1. PATROLLING, RESPONSES TO CALLS, AND OTHER ROUTINE POLICE SERVICES, WITHIN THE
LIMITS OF EXISTING PERSONNEL AND EQUIPMENT, WILL BE PROVIDED UPON THE
EFFECTIVE DATE OF THE ANNEXATION ORDINANCE.
2. UPON ULTIMATE DEVELOPMENT OF THE AREA, THE SAME LEVEL OF POLICE SERVICE WILL
BE PROVIDED TO THIS AREA AS ARE FURNISHED THROUGHOUT THE TOWN.
B. FIRE SERVICE
1. FIRE PROTECTION AND EMERGENCY AMBULANCE EQUIPMENT BY THE PRESENT
PERSONNEL AND THE PRESENT EQUIPMENT OF THE FIRE DEPARTMENT, WITHIN THE LIMITS
OF AVAILABLE WATER AND DISTANCES FROM THE EXISTING FIRE STATION, WILL BE
PROVIDED TO THIS AREA UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE.
2. UPON ULTIMATE DEVELOPMENT OF THE AREA, THE SAME LEVEL OF FIRE AND
EMERGENCY AMBULANCE SERVICES WILL BE PROVIDED TO THIS AREA AS ARE FURNISHED
THROUGHOUT THE TOWN.
C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES
1. ENFORCEMENT OF THE TOWN'S ENVIRONMENTAL HEALTH ORDINANCE AND
REGULATIONS, INCLUDED BUT NOT LIMITED TO WEED AND BRUSH ORDINANCES, JUNKED
AND ABANDONED VEHICLE ORDINANCE, AND ANIMAL CONTROL ORDINANCES, SHALL BE
PROVIDED WITHIN THIS AREA 60 DAYS TO THE EFFECTIVE DATE OF THE ANNEXATION
ORDINANCE. THESE ORDINANCES AND REGULATIONS WILL BE ENFORCED THROUGH THE
USE OF EXISTING PERSONNEL.
2. INSPECTION SERVICES, INCLUDING THE REVEIW OF BUILDING PLANS, THE ISSUANCE OF
PERMITS AND THE INSPECTION OF ALL BUILDINGS, PLUMBING, MECHANICAL, AND
ELECTRICAL WORK TO ENSURE COMPLIANCE WITH TOWN CODES AND ORDINANCES WILL
BE PROVIDED WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE.
EXISTING PERSONNEL WILL BE USED TO PROVIDE THESE SERVICES.
3. THE TOWN'S ZONING, SUBDIVISION, SIGN, AND OTHER ORDINANCES SHALL BE ENFORCED
IN THIS AREA BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE.
4. ALL INSPECTION SERVICES FURNISHED BY THE TOWN OF PROSPER, BUT NOT MENTIONED
ABOVE, WILL BE PROVIDED TO THIS AREA BEGINNING WITHIN 60 DAYS OF THE EFFECTIVE
DATE OF THE ANNEXATION ORDINANCE.
5. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS AREA, SUFFICIENT PERSONNEL
WILL BE PROVIDED TO FURNISH THIS AREA THE SAME LEVEL OF ENVIRONMENTAL HEALTH
AND CODE ENFORCEMENT SERVICES AS ARE FURNISHED THROUGHOUT THE TOWN.
D. PLANNING AND ZONING SERVICES
THE PLANNING AND ZONING JURISDICTION OF THE TOWN WILL EXTEND TO THIS AREA
UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. TOWN PLANNING WILL
THEREAFTER ENCOMPASS THIS PROPERTY, AND IT SHALL BE ENTITLED TO
CONSIDERATION FOR ZONING IN ACCORDANCE WITH THE TOWN'S COMPREHENSIVE PLAN.
E. PARK AND RECREATION SERVICES
I. RESIDENTS OF THIS PROPERTY MAY UTILIZE ALL EXISTING PARK AND RECREATIONAL
SERVICES, FACILITIES, AND SITES THROUGHOUT THE TOWN, BEGINNING UPON THE
EFFECTIVE DATE OF THE ANNEXATION ORDINANCE.
2. ADDITIONAL FACILITIES AND SITES TO SERVE THIS PROPERTY AND ITS RESIDENTS WILL BE
ACQUIRED, DEVELOPED, AND MAINTAINED AT LOCATIONS AND TIMES PROVIDED BY
APPLICABLE PLANS, POLICIES AND PROGRAMS AND DECISIONS OF THE TOWN OF PROSPER.
THIS PROPERTY WILL BE INCLIDED IN ALL FUTURE PLANS FOR PROVIDING PARKS AND
RECREATION SERVICES TO THE TOWN.
3. THIS PROPERTY WILL BE INCLUDED IN ALL PLANS FOR PROVIDING PARKS AND
RECREATION SERVICES TO THE TOWN. THE SAME LEVEL OF PARKS AND RECREATION
SERVICES SHALL BE FURNISHED TO THIS PROPERTY AS IS FURNISHED THROUGHOUT THE
TOWN.
4. EXISTING PARKS, PLAYGROUNDS, AND OTHER RECREATIONAL FACILITIES
WITHIN THIS PROPERTY SHALL, UPON DEDICATION TO AND ACCEPTANCE BY THE TOWN,
BE MAINTAINED AND OPERATED BY THE TOWN OF PROSPER, BUT NOT OTHERWISE.
F. SOLID WASTE COLLECTION
1. SOLID WASTE COLLECTION SHALL BE PROVIDED TO THE PROPERTY IN ACCORDANCE WITH
EXISTING TOWN POLICIES, BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION
ORDINANCE. RESIDENTS OR COMMERCIAL USERS OF THIS PROPERTY UTILIZING PRIVATE
COLLECTION SERVICES AT THE TIME OF ANNEXATION MAY CONTINUE TO DO SO IN LIEU OF
RECEIVINH CITY SERVICES UNTIL THE SECOND ANNIVERSARY OF THE EFFECTIVE DATE OF
THIS ORDINANCE.
2. AS DEVELOPMENT AND CONSTRUCTION COMMENCE ON THIS PROPERTY, AND POPULATION
DENSITY INCREASES TO THE PROPERTY LEVEL, SOLID WASTE COLLECTION SHALL BE
PROVIDED TO THIS PROPERTY IN ACCORDANCE WITH THE CURRENT POLICIES OF THE
TOWN AS TO FREQUENCY, CHANGES AND SO FORTH.
G. STREETS
I. THE TOWN OF PROSPER'S EXISTING POLICIES WITH REGARD TO STREET MAINTENANCE,
APPLICABLE THROUGHOUT THE ENTIRE TOWN, SHALL APPLY TO THIS PROPERTY
BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. UNLESS A
STREET WITHIN THIS PROPERTY HAS BEEN
CONSTRUCTED OR IS IMPROVED TO THE TOWN'S STANDARDS AND SPECIFICATIONS,
THAT STREET WILL NOT BE MAINTAINED BY THE TOWN OF PROSPER.
2. AS DEVELOPMENT, IMPROVEMENT OR CONSTRUCTION OF STREETS TO TOWN
STANDARDS COMMENCE WITHIN THIS PROPERTY, THE POLICIES OF THE TOWN OF PROSPER
WITH REGARD TO PARTICIPATION IN THE COSTS THEREOF, ACCEPTANCE UPON
COMPLETION, AND MAINTENANCE AFTER COMPLETION, SHALL APPLY.
3. THE SAME LEVEL OF MAINTENANCE SHALL BE PROVIDED TO STREETS
WITHIN THIS PROPERTY WHICH HAVE BEEN ACCEPTED BY THE TOWN OF PROSPER AS IS
PROVIDED TO TOWN STREETS THROUGHOUT THE TOWN.
4. STREET LIGHTING INSTALLED ON STREETS IMPROVED TO TOWN STANDARDS
SHALL BE MAINTAINED BY THE EXISTING FRANCHISE IN ACCORDANCE WITH CURRENT
POLICIES.
H. WATER SERVICES
1. CONNECTION TO EXISTING TOWN WATER MAINS FOR WATER SERVICE FOR DOMESTIC,
COMMERCIAL, AND INDUSTRIAL USE WITHIN THIS PROPERTY WILL BE PROVIDED IN
ACCORDANCE WITH EXISTING TOWN POLICIES. UPON CONNECTION TO EXISTING MAINS,
WATER WILL BE PROVIDED AT RATES ESTABLISHED BY TOWN ORDINANCES FOR SUCH
SERVICE THROUGHOUT THE TOWN.
2. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS PROPERTY, WATER MAINS OF
THE TOWN WILL BE EXTENDED IN ACCORDANCE WITH PROVISIONS OF THE SUBDIVISION
ORDINANCE AND OTHER APPLICABLE ORDINANCES AND REGULATIONS. TOWN
PARTICIPATION IN THE COSTS OF THESE EXTENSIONS SHALL BE IN ACCORDANCE WITH THE
APPLICABLE TOWN ORDINANCES AND REGULATIONS. SUCH EXTENSIONS WILL BE
COMMENCED WITHIN TWO AND ONE-HALF (2 !-2) YEARS FROM THE DATE OF ADOPTION OF
THE ANNEXATION ORDINANCE, OR UPON COMMENCEMENT OF DEVELOPMENT OF A
SUBDIVISION WITHIN THIS PROPERTY, WHICHEVER OCCURS LATER.
3. WATER MAINS INSTALLED OR IMPROVED TO TOWN STANDARDS WHICH ARE WITHIN THE
ANNEXED AREA AND ARE WITHIN DEDICATED EASEMENTS SHALL BE MAINTAINED BY THE
TOWN OF PROSPER BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION
ORDINANCE.
4. THEIR OWNERS, IN ACCORDANCE WITH EXISTING POLICIES APPLICABLE THROUGHOUT THE
TOWN, SHALL MAINTAIN PRIVATE WATER LINES WITHIN THIS PROPERTY.
I. SANITARY SEWER SERVICES
1. CONNECTIONS TO EXISTING TOWN SANITARY SEWER MAINS FOR SANITARY SEWAGE
SERVICE IN THIS AREA WILL BE PROVIDED IN ACCORDANCE WITH EXISTING TOWN
POLICIES. UPON CONNECTION, SANITARY SEWAGE SERVICE WILL BE PROVIDED AT RATES
ESTABLISHED BY TOWN ORDINANCES FOR SUCH SERVICE THROUGHOUT THE TOWN.
2. SANITARY SEWAGE MAINS AND/OR LIFT STATIONS INSTALLED OR IMPROVED TO TOWN
STANDARDS, LOCATED IN APPROVED DEDICATED EASEMENTS, AND WHICH ARE WITHIN
THE ANNEXED AREA AND ARE CONNECTED TO TOWN MAINS WILL BE MAINTAINED BY THE
TOWN BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. PRIVATE
SEWER LINES SHALL BE MAINTAINED BY THE OWNERS THEREOF IN ACCORDANCE WITH
EXISTING TOWN POLICIES, PRACTICES AND REGULATIONS.
3. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS AREA, SANITARY SEWER
MAINS OF THE TOWN WILL BE EXTENDED IN ACCORDANCE WITH PROVISIONS OF THE
SUBDIVISION ORDINANCE AND OTHER APPLICABLE TOWN ORDINANCES AND
REGULATIONS. TOWN PARTICIPATION IN THE COSTS OF THE EXTENSIONS SHALL BE IN
ACCORDANCE WITH APPLICABLE TOWN ORDINANCES AND REGULATIONS. SUCH
EXTENSIONS WILL BE COMMENCED WITHIN TWO AND ONE-HALF (2 1/2) YEARS FROM THE
EFFECTIVE DATE OF THE ANNEXATION ORDINANCE, UNLESS THE SERVICES CANNOT BE
REASONABLY PROVIDED IN THAT PERIOD, THEN TOWN SHALL PROPOSE A SERVICE
SCHEDULE TO PROVIDE FOR THE PROVISION OF THE SERVICES WITHIN FOUR AND ONE-
HALF (4-1 '2) YEARS AFTER THAT DATE.
J. MISCELLANEOUS
I. ANY FACILITY OR BUILDING LOCATED WITHIN THE ANNEXED AREA AND UTILIZED BY THE
TOWN OF PROSPER IN PROVIDING SERVICES TO THE AREA WILL BE MAINTAINED BY THE
TOWN COMMENCING UPON THE DATE OF USE OR UPON THE EFFECTIVE DATE OF THE
ANNEXATION ORDINANCE, WHICHEVER OCCURS LATER.
2. GENERAL MUNICIPAL ADMINISTRATION AND ADMINISTRATIVE SERVICES TO THE TOWN
SHALL BE AVAILABLE TO THE ANNEXED AREA BEGINNING UPON THE EFFECTIVE DATE OF
THE ANNEXATION ORDINANCE.
3. NOTWITHSTANDING ANYTHING SET FORT ABOVE, THIS SERVICE PLAN DOES NOT REQUIRE
ALL TOWN SERVICES BE PROVIDED AS SETFORTH ABOVE IF DIFFERENTCHARACTERISTICS
OF TOPOGRAPHY, LAND USE AND POPULATION DENSITY ARE CONSIDERED A SUFFICIENT
BASIS FOR PROVIDING DIFFERENT LEVELS OF SERVICE.
4. THE SERVICE PLAN IS VALID FOR TEN (10) YEARS FROM THE EFFECTIVE DATE OF THE
ORDINANCE.
ENGINEERING
To: Mayor and Town Council
From: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
CC: Mike Land, Town Manager
Re: Town Council Meeting — February 7, 2008
Date: February 12, 2008
Agenda Item:
Consider and act upon 1) an award of bid
agreement with Quality Excavation regarding
Culvert Extension and Channel Improvements
the Town Manager to execute the same.
Description of Agenda Item:
to Quality Excavation 2) enter into a contract
the construction services for the Prosper Trail
Project and 3) approve a resolution authorizing
On June 6, 2006, Town of Prosper officials met with a group of homeowners to discuss a
number of concerns related to the drainage channel that extends through the Trails of Prosper
subdivision. The issues included standing water near Prosper Trail and between lots 20 and 21
in Phase 1 as well as the erosion problems that the homeowners were experiencing in various
locations along the concrete channel. Since the channel and banks are physical located on the
lots inside a drainage easement, the property owner retains ownership of the property and
general maintenance responsibility for the easement. However, in an effort to remedy the major
concerns, Town staff had proposed to construct some improvements to alleviate the concerns
such as extending a concrete flume at the locations where there is standing water and install
erosion protection measures along the channel. Due to limited staff availability and the multiple
months of wet weather this year, the proposed improvements have not yet begun.
Based on the extent of the work required, the need to also extend the existing box culverts at
Prosper Trail to facilitate the future widening of Prosper Trail from Preston Road to the Tollway,
and direction from Council, staff negotiated a design contract with Dowdey, Anderson and
Associates, Inc., to address these issues. On August 14, 2007, Town Council awarded the
design contract to Dowdey, Anderson & Associates.
On December 12, 2007, the Town Council provided staff direction to bid the project with an
alternate bid item for the access driveway once the plans were complete and on January 20,
2008, the project was advertised for bidding. A total of two (2) bids were received on February
5, 2008 with Quality Excavation being the low bidder.
Budget Impact:
The estimated financial impact is contingent upon the option selected below:
Option 1: Concrete Access Driveway = $ 242,615
Option 2: Grass Pave Access Driveway = $240,803.80
Agenda Item No. 8 - Page 1 of 2
There is currently $500,000 funded from the 2006 CO Bonds of which $19,990 has been
approved for engineering design and $5,000 for a Storm Water Pollution Prevention Plan.
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 Tab —1 page
• Copy of Contract Agreement — 3 pages
• Resolution authorizing the Town Manager to execute the agreement
Board. Committee and/or Staff Recommendation:
Town staff recommends that the Town Council: 1) approve the bid to Quality Excavation, in the
amount of $240,803.80, 2) enter into a contract agreement with Quality Excavation regarding
the construction services for the Prosper Trail Culvert Extension and Channel Improvements
Project and 3) approve a resolution authorizing the Town Manager to execute the same.
Agenda Item No. 8 - Page 2 of 2
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SECTION D
AGREEMENT
STATE OF TEXAS
«Collin County»
THIS AGREEMENT ("Contract") made and entered into this day of
, 20 , by and between Town of Prosper hereinafter termed OWNER, and
, a corporation
hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the OWNER, and under the
conditions expressed in the Contract Documents, the CONTRACTOR agrees to
commence and complete the construction of certain improvements described as follows:
Prosper Trail Culvert Extension and Channel Improvements
Culvert Extension and Channel Improvements; and all extra work in connection therewith,
and at his (or their) own proper cost and expense to furnish all the materials, supplies,
machinery, equipment, tools, to complete the said construction, in accordance with the
conditions and prices stated in the Proposal attached hereto, and in accordance with the
Contract Documents and addenda therefore as prepared by Dowdey Anderson &
Associates, Inc., hereinafter termed ENGINEER, each of which has been identified by the
endorsement of the CONTRACTOR, and together with the CONTRACTOR's written
Proposal, and the Performance and Payment Bonds thereto attached; all of which are
made a part hereof and collectively evidence and constitute the entire Contract.
The CONTRACTOR hereby agrees to commence the Work (as such term is defined in the
Contract Documents) within ten days after the date written notice to do so shall be given to
him by OWNER and to fully complete the Work to the satisfaction of OWNER within
calendar days after the date of the written notice to commence Work.
The CONTRACTOR is and at all times shall remain an independent CONTRACTOR, solely
responsible forthe manner and method of completing its Work underthis Contract, with full
power and authority to select the means, method and manner of performing such Work, so
long as the Work complies with the Contract Documents.
The CONTRACTOR agrees that it shall be solely responsible for the safety of its
employees and all other persons and shall be solely responsible fordetermining the course
of action necessary to protect all persons, including members of the public, from bodily
injury or property damage during its Work on the project, including the erection of
barricades or the installation of other traffic or pedestrian control measures.
OWNER and CONTRACTOR each binds itself, its officers, directors, shareholders,
partners, successors, assigns and legal representatives to the other party hereto, its
officers, directors, shareholders, partners, successors, assigns and legal representatives in
respect to all covenants, agreements and obligations contained in the Contract
Documents.
THE GENERAL AND SPECIAL CONDITIONS ATTACHED TO THIS CONTRACT
CONTAIN PROVISIONS, INCLUDING INDEMNITIES, THAT MAY RELIEVE ONE PARTY
FOR RESPONSIBILITY IT WOULD OTHERWISE HAVE UNDER THE LAW FOR
DAMAGES OR OTHER LIABILITY ARISING OUT OF THE WORK. EACH OF THE
PARTIES HERETO SPECIFICALLY AGREES THAT IT HAS A DUTY TO READ THIS
CONTRACT, THE GENERAL AND SPECIAL CONDITIONS, AND ALL OTHER
ATTACHMENTS TO THIS CONTRACT AND AGREES THAT IT IS CHARGED WITH
NOTICE AND KNOWLEDGE OF THE TERMS OF THIS CONTRACT AND ALL
ATTACHMENTS HERETO; THAT IT HAS IN FACT READ THIS CONTRACT AND ALL
ATTACHMENTS HERETO AND IS FULLY INFORMED AND HAS FULL NOTICE AND
KNOWLEDGE OF THE TERMS, CONDITIONS AND EFFECTS OF THIS CONTRACT;
THAT IT HAS HAD THE OPPORTUNITY TO BE REPRESENTED BY INDEPENDENT
LEGAL COUNSEL OF ITS CHOICE THROUGHOUTTHE NEGOTIATIONS PRECEDING
ITS EXECUTION OF THIS CONTRACT AND HAS RECEIVED OR VOLUNTARILY
CHOSEN NOT TO RECEIVE THE ADVICE OF ITS ATTORNEY IN ENTERING INTO
THIS CONTRACT; AND THAT IT RECOGNIZES THAT CERTAIN TERMS OF THIS
CONTRACT AND ALL ATTACHMENTS HERETO RESULT IN ONE PARTYASSUMING
THE LIABILITY INHERENT IN SOME ASPECTS OF THE TRANSACTION AND
RELIEVING THE OTHER PARTY OF ITS RESPONSIBILITY FOR SUCH LIABILITY.
EACH PARTY HERETO AGREES AND COVENANTS THAT IT WILL NOT CONTEST
THE VALIDITY OR ENFORCEMENT OF ANY EXCULPATORY PROVISION OF THIS
AGREEMENT ON THE BASIS THAT THE PARTY HAD NO NOTICE OR KNOWLEDGE
OF SUCH PROVISION OR THAT THE PROVISION IS NOT "CONSPICUOUS".
THE OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown
in the proposal, which forms a part of this Contract, such payments to be subject to the
terms and conditions of the Contract Documents.
IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in
the year and day first above written.
OWNER
0
ATTEST:
CONTRACTOR
By:
ATTEST:
(Certification if Bidder is a Corporation)
I, , certify that I am the secretary of the
corporation herein termed the CONTRACTOR; and that the person whose name appears
above was and is of said corporation,
Title
and that this Contract was duly signed for and in behalf of said Corporation by authority
of its governing body, and such contract is within the scope of its corporate powers.
SIGNED:
(Corporate Seal)
TOWN OF PROSPER, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER
OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE A CONTRACT
AGREEMENT FOR CONSTRUCTION SERVICES FOR THE PROSPER
TRAIL CULVERT EXTENSION AND CHANNEL IMPROVEMENTS
PROJECT, BETWEEN QUALITY EXCAVATION AND THE TOWN OF
PROSPER.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS:
SECTION 1: The 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 Prosper Trail Culvert Extension and Channel Improvements Project,
between Quality Excavation and the Town of Prosper, as hereto attached.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 12"' day of February, 2008.
ATTEST TO:
Matthew Denton, TRMC
Town Secretary
Charles Niswanger, Mayor
;ISPER
OWN OF ADMINISTRATION
To: Mayor and Town Council
From: Mike Land, Town Manager
CC:
Re: Town Council Meeting — February 12, 2008
Date: February 8, 2008
Anenda Item:
Consider and act upon a resolution authorizing the Town Manager to enter into a Letter of
Agreement with Arthur and Karie Dalton for the subdivision of three lots located in the southwest
quadrant of the intersection of Prosper Trail and Robinson Creek.
Description of Agenda Item:
Please see the attached request from the Dalton's. The Dalton's own property located in the
southwest quadrant of the intersection of Robinson Creek and Prosper Trail. The property
including their home is currently one large lot and is not part of the Preston Lakes subdivision. By
not being included in the Final Plat of the Preston Lakes Subdivision at the time that project was
constructed, no sewer line or service was provided to the Dalton's home. The Dalton's have
requested that the Town construct the sewer line to their home with the sewer line located in such
a way that the two new lots that they plan on creating will be able to be served as well. As
previously discussed, this situation should have been addressed at the time the Preston Lake's
subdivision was engineered and constructed and for what ever reason was not. As a result of this
oversight, the Town will be constructing the requested line, providing sewer service to their home.
The Dalton's will be dedicating a 10' easement along the Robinson Creek Dr. ROW in which the
line will be located. The cost to construct said service is estimated not to exceed $15,000. As part
of the discussions with the Dalton's, the Town was made aware of their plans to subdivide the
property creating two additional lots, thus the line is being upsized to accommodate a total of three
service lines. The cost to upsize the line and accommodate the two additional service lines is
minimal.
The Dalton's now are requesting that the Council consider waiving all or part of the applicable
impact and dedication fees associated with their pending subdivision of their remaining land.
There are no provisions in the impact or dedication fee ordinance for the waiving of the associated
fees without some type of investment or "credit" being in place to offset the corresponding fee. In
her memorandum Mrs. Dalton describes each of the fees that will be charged in the future to
whomever builds on one the lots the Dalton's plan on creating. At this point and in terms of direct
expenses to be paid by the Dalton's are only the zoning, platting, Sewer impact and sewer tap fees
Agenda Item No. 9 - Page 1 of 3
for their respective "lot" on which their home is located (Lot 1). The balance of the fees for lots 2
and 3 (due south of their home) are to be paid at the time the building permits are applied for and
picked up by whom ever the future residents might be. To be clear these are not fees paid up front
just because the lots are created and are only paid at the time of the issuance of a building permit,
in this case, a new home for a new resident.
While staff appreciates the Dalton's view point that they are not developers, the fact is that they are
creating two new lots. A future buyer of one of these two lots is no different than the buyer of a
vacant lot in Preston Lakes, La Cima or in the downtown residential area. The same impact and
dedication fees are charged at the time a building permit is applied for and picked up to all of these
new construction projects. The provisions for the payment of impact and dedication fees are not
site specific to one subdivision, in this case Preston Lakes, or other pending developments. As
you are all aware, the CIP and Parks plan includes improvements to facilities located in this
general area as well as all over the Town. For example, the expansion of Prosper Trail is a CIP
project for which impact fees paid for by new homeowners and new businesses contribute to the
cost of their construction. The same is true for example for the construction of the 57 acre
community park or for the acquisition and or improvement of other future parkland. The Town has
through its impact and dedication fee ordinances established and adopted policy that new
residents and businesses through their payment of these fees will help offset the cost of these
improvements so that current tax payers are not burdened if you will by the entire cost.
Budget Impact:
It appears from the request by Dalton's that they are specifically requesting a waiver of the
transportation impact fees and Park Improvement and Park Dedication Fees for lots 2 and 3.
According to the request, these fees total $8,116.00 for the transportation impact fees, $2,000.00
for the Park Improvement Fees, and between $6,000 to $8,000 for the park dedication fees. If
these fees were to be waived, basically that would mean that there would be these amounts not
available to contribute towards the purchase of ROW or property, the expansion of roads or the
improvement of new parks.
Legal Obligations and Review:
The request has been forwarded to Legal for Review.
Agenda Item No. 9 - Page 2 of 3
Attached Documents:
1. A resolution authorizing the Town Manager to execute a letter of agreement between the
Town of Prosper and Arthur and Karie Dalton relating to transportation impact fees, park
improvement fees and park dedication fees.
2. A memorandum of Request from Arthur and Karie Dalton
3. An exhibit detailing the location of the 10' sanitary sewer line being constructed by the
Town to service the Dalton's home and the two potential lots being created.
Town Staff Recommendation:
Town staff does not recommend that the Town Council approve a letter of agreement relating to
transportation impact fees, the park improvement fees and the park dedication fee requirements for
the two new lots potentially being created. If the Town Council is able to negotiate with the
Dalton's some sort of "credit" or other consideration, then for example the Transportation Impact
Fee could be offset. Depending on the value of the consideration, other credit may be considered
for the Park Improvement and Park Dedication Fees. Without any type of "other consideration"
there does not appear to be a mechanism in place to waive or abate any of the town's impact or
dedication fees. For discussion purposes only I have include the ROW map for Prosper Trail
showing the need to acquire approximately 4,200 square feet of the Dalton's property along their
northern property line. Using this as an example, as part of the widening of Prosper Trail, this
approximate 20' x 200' strip of land will need to be acquired for the pending widening of Prosper
Trail from 289 to the tollway. The impact fees that would normally be paid by the new residents
would be placed in the impact fee fund which in turn would be used to acquire ROW such as what
is shown to be currently owned by the Dalton's. Again, this is for illustrative purposes only but
does demonstrate the relationship between the purpose of impact fees and how they are used.
Agenda Item No. 9 - Page 3 of 3
MEMO
TO: Mayor and Prosper Town Council
FROM: Arthur "Sug" and Karie Dalton ("Dalton's")
CC: Chris Copple and Hulon Webb
DATE: February 5, 2008
SUBJECT: Expenses Associated with Sale of Two Lots Located Adjacent to Dalton Home
As most of you are aware, we are in the process of attempting to sell two lots adjacent to our property to
prospective buyers, Tom and Elizabeth Thompson ("Thompson's"). The property is located on Robison
Creek Drive, just south of Prosper Trail. For your reference, attached as Exhibit A is an aerial view of the
property. As you may recall, after a final determination that our lots were previously overlooked when
laying the sewer lines, the Town has graciously agreed to correct this error, and we appreciate that
submission.
In order to sell these two lots, we researched the expenses associated with selling, zoning, platting and
building two houses (with the exception of the building permits). Needless to say, we were extremely
shocked at the total amounts expected to be paid by the Dalton's and/or Thompson's. We have attached as
Exhibit B a list of the costs detailing each expense. Our request is for you to review the attached list and
agree to waive some of these costs:' fees:`expenses. Chris and Hulon -- please notify us if there are any
additions, deletions or corrections to Exhibit B.
Our families have been in Prosper since the 1800`s and we are very proud of our town. Although we hate
to see the towns beautiful farmland/pasture evolve into rows of houses, we understand that growth is
necessary to sustain existence. With that being said, we understand the logic in asking us to pay for some
of the fees, however it is unclear as to why we would be expected to pay all of the costs, specifically the
costs associated with the parks and roads. We are not developers and builders, we are loyal tax -paying
residents of Prosper. The cost base for parks and roads should already be more than compensated for by
the Preston Lakes development and the pending developments by the "real developers" to the north and
west who are in it for profit with huge lot counts that really have an environmental impact. The existing
development and the impact fees already paid for and the substantial increase in tax revenue by moving the
current ag tax base to residential for the property in question should make the impact to "parks and roads"
nonexistent. The Dalton's and Thompson's just want to build a house or two and be neighbors. If the
Town does not agree to waive some of these fees, these lots may not sell, and the Town will not reap the
tax revenues that residential lots will bring (versus the tax revenues for unimproved lots).
The contract between the Dalton's and the Thompson's was signed back in November, 2007. We have hit
several obstacles (including sewer issues, surveying, zoning and platting) that have pushed the closing (if
any) back to April, 2008, so your attention by voting on this matter immediately will be deeply appreciated.
We want to thank the Mayor, City Manager, City Planner, City Engineer and all of the Council Members
for taking the time to discuss these issues with us, and we truly appreciate your consideration of this matter.
EXHIBIT B
EXPENSES TO BE PAID BY EITHER BUYER OR SELLER:
Zoning Application and Expenses $ 510.00
Platting Expenses
$ 420.00
Sewer Impact Fees Lot #1
$1,977.00
Sewer Tap Fees Lot #1
$ 400.00
Water Impact Fee Lot #2
$2,595.00
Water Tap Fee Lot #2
$ 925.00
Sewer Impact Fee Lot #2
$1,977.00
Sewer Tap Fee Lot #2
$ 400.00
Roadway Impact Fee Lot #2
$4,058.00
Park Improvement Fee Lot #2
$1,000.00
Water Impact Fee Lot #3
$2,595.00
Water Tap Fee Lot #3
$ 925.00
Sewer Impact Fee Lot #3
$1,977.00
Sewer Tap Fee Lot #3
$ 400.00
Roadway Impact Fee Lot #3
$4,058.00
Park Improvement Fee Lot #3
$1,000.00
Park Dedication Fee
5% of value of lots (between $6,000 - $8,000)
Rollback Taxes
TBD
z$32,000.00 (not including rollback taxes)
VARIABLE WIDTH RIGHT-OF-WAY DEDICATION
BEING a tract of land located in the J.R. TUNNEY SURVEY, ABSTRACT NO.916,
Town of Prosper, Collin County, Texas and being a part of a tract of land described in
Deed to Karie Dalton and Arthur Dalton, recorded in Volume 4233, Page 128, Deed
Records, Collin County, Texas and being more particularly described as follows:
COMMENCING at a 5/8 inch iron rod found in the existing North right-of-way line of
Prosper Trail (County Road No. 48), a variable width right-of-way, at the Southwest
corner of a tract of land described in Deed to Saddle Creek Investments, Ltd., recorded
in Document No. 20061025001532680, Deed Records, Collin County, Texas;
THENCE South 00 degrees 24 minutes 07 seconds East, leaving said existing North
right-of-way line, a distance of 81.11 feet to a 1/2 inch iron rod found in the existing
South right-of-way line of said Prosper Trail at the Northwest corner of said Dalton
tract, said point being the POINT OF BEGINNING of the tract of land herein
described;
THENCE North 89 degrees 31 minutes 24 seconds East, along said existing South
right-of-way line, a distance of 208.00 feet to a 1/2 inch iron rod found at the Northeast
corner of said Dalton tract;
THENCE South 00 degrees 29 minutes 36 seconds East, leaving said existing South
right-of-way line and along the East line of said Dalton tract, a distance of 21.50 feet to
a 1/2 inch iron rod with a yellow plastic cap stamped "DAA' set for corner in the
proposed South right-of-way line of said Prosper Trail;
THENCE North 89 degrees 45 minutes 29 seconds West, leaving said East line and
along said proposed South right-of-way line, a distance of 207.98 feet to a 1/2 inch iron
rod with a yellow plastic cap stamped "DAA" set for comer in the West line of said
Dalton tract;
THENCE North 00 degrees 36 minutes 26 seconds West, leaving said proposed South
right-of-way line and along said West line, a distance of 18.89 feet to the POINT OF
BEGINNING and containing 4,200 square feet or 0.096 acres of land, more or less.
R:\Data\2007\07114\00\Survey Docs\Easements\07114E5MT01.doc Page 1 of 2
VICINITY MAP
r
:V
Rj
NOT TO SCALE
AXXIUM LAND DEVELOPMENT
VOLUME 5816, PAGE 1739
D.R.C.C.T.
IRFJ
POINT OF
RF[.INNINCe►
LEGEND
D.R.C.C.T. = DEED RECORDS, COLLIN COUNTY, TEXAS
M.R.C.C.T. = MAP RECORDS. COLLIN COUNTY, TEXAS
O = 1/2" IRON ROD FOUND
(UNLESS OTHERWISE NOTED)
• = 1/2" IRON ROD WITH A YELLOW
PLASTIC CAP STAMPED "DAA" SET"
(UNLESS OTHERWISE NOTED)
NOTE: BASIS OF BEARINGS DERIVED FROM
THE TEXAS STATE PLANE COORDINATE
SYSTEM. NAD83. NORTH CENTRAL ZONE.
UNE
TABLE
UNE
I BEARING
LENM
ty
T2
'
T3
S0079,301E
T4
Tb
'
SADDLE CREEK INVESTMENTS, LTD.
DOCUMENT NO. 20061025001532680
D.R.C.C.T.
POINT OF
I
o eo bo $o
seas s gar
COUNTY OF COLLIN
VOLUME 5058, PAGE 5451
D.R.C.C.T.
PROSPER TRAIL
(COUNTY ROAD NO. 48)
(VARIABLE WIDTH RIGHT —OF --WAY)
1 1 2
MICHAEL C. PERRY AND WIFE.
KARIE QALTON AND
PRESTON LAKES
CABINET 0, SLIDE 135
LPERRY
DOC. NO. 93-0104760
ARTHUR DALTON
M.R.C.C.T.
D.R.C.C.T.
VOLUME 4233. PAGE 128
D.R.C.C.T.
VARIABLE WIDTH RIGHT—OF—WAY DEDICATION
4,200 SQUARE FEET OR 0.096 ACRES
J.R. TUNNEY SURVEY, ABSTRACT NO. 916
TOWN OF PROSPER, COLLIN COUN (A
kDOWDEY, ANDERSON
& ASSOCIATES, INC. Sean Shropshire
S226 Vde Creek Drive R& 200 Plano Teas 75093 Registered Professional Land Surveyor
Phone972-931-0694 Fa072-931-9538 No.5674
3
12103/2007
2 of 2
07114ESMT01
;ISPER
OWN OF ADMINISTRATION
To: Mayor and Town Council
From: Mike Land, Town Manager
CC:
Re: Town Council Meeting — February 12, 2008
Date: February 8, 2008
Agenda Item:
Discuss and give direction on the Meadow Green Street Improvement Project.
Description of Agenda Item:
Meadow Green is one of 4 streets in the Collin Green Subdivision. If you recall several weeks ago
the Council approved Change Order 2 to complete the last section of the cul-de-sac in the
subdivision. Meadow Green is planned to be completed with the implementation of the 2008 Street
Program.
As I understand it the Council last Spring/Summer was presented by the Public Works Department
a list of streets throughout the Town that were in need of some sort of repair or replacement. The
Public Works Department prepared the list after inventorying all of the Town's streets and
evaluating their condition. Those streets needing the greatest attention were placed at the top of
the list giving them a higher priority than other streets in Town. The list also included the cost to
repair/replace said streets. In this case 2 complete streets and 1 partial street within the Collin
Green subdivision were rated as needing replacement. All of Meadow Green was placed in the
following year's (2008) street program. The budget was set for the 2007 street program, bids were
received, and the contract awarded for construction.
As the 2007 Street Program was being completed the Council decided to begin to make
improvements to the streets within the Rhea Mills subdivision, resulting in Change Order 1. Once I
was made aware of the situation with the Collin Ct. cul-de-sac, I recommended to Council that
Change Order 2 be approved to complete this street.
By State law when a municipality executes a construction contract, the Town can not issue change
orders totaling more than 25% of the original contract without having to re -bid the proposed
changes that would result in the contract exceeding its original amount by 25%. In this case the
original construction contract was for $444,874.00. Applying the 25% rule to the contract
translates to change orders not being able to exceed $111,218.00. The change orders for both
Rhea Mills and Collin Ct. totaled $62,747.00 leaving a remainder of $48,470 for potential change
orders. The estimate to complete Meadow Green is $73,411 for approximately 960 lineal feet of
pavement, well in excess of the available potential change order limit.
Agenda Item No. 10 - Page 1 of 2
The Town's two options are to bid Meadow Green separately now, which will take approximately
90 days to process and begin construction, or as part of the overall 2008 Street Program, bid the
project and initiate its construction by this May or June.
In summary, there is no legal way for the Town to take advantage of the current contract and have
the contractor complete Meadow Green as part of their continued work. Bidding Meadow Green
separate and apart from the 2008 Street Program pulls the project away from a larger contract thus
loosing the economy of scale resulting in all probability the cost of the road being higher, and
finally, the timing of the process would not significantly speed the process to get the road
constructed any quicker than what would occur under the 2008 Street Program.
Budget Impact:
The maximum amount of dollars available under the 25% contract rule for the 2007 Street Program
is $48,470.00. The estimated cost for the reconstruction of Meadow Green is $73,411.00. Funds
have been set aside for the completion of the 2008 Street Program as currently accepted and
scheduled. Meadow Green is included in the previously accepted 2008 Street Program.
Legal Obligations and Review:
No legal review of this issue has been requested.
Attached Documents:
1. A copy of the Street Program accepted by Council in the Spring/Summer of 2007.
Town Staff Recommendation:
Town staff recommends that the Town Council take no action at this time, let the bidding process
take place for the 2008 Street Program and prioritize that Meadow Green be the first street in the
2008 Street Program to be re -constructed.
Agenda Item No. 10 - Page 2 of 2
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