10.17.23 PZ PacketPage 1 of 3
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Welcome to the Prosper Planning & Zoning Commission Meeting.
Citizens may watch the meeting live by using the following link: www.prospertx.gov/livemeetings
Addressing the Planning & Zoning Commission:
Those wishing to address the Planning and Zoning Commission must complete the Public
Comment Request Form located on the Town's website or in the Council Chambers.
If you are attending in person, please submit this form to the Town Secretary or the person
recording the minutes for the Board/Commission prior to the meeting. When called upon, please
come to the podium, and state your name and address for the record.
If you are watching online, please submit this form to the Town Secretary prior to 4:00 p.m. on
the day of the meeting in order for your comments to be read into the record. The Town assumes
no responsibility for technical issues beyond our control.
In compliance with the Texas Open Meetings Act, the Town Council/Board/ Commission may not
deliberate or vote on any matter that does not appear on the agenda. The
Council/Board/Commission, however, may provide statements of fact regarding the topic, request
the topic be included as part of a future meeting, and/or refer the topic to Town staff for further
assistance.
Citizens and other visitors attending Planning and Zoning Commission meetings shall observe the
same rules of propriety, decorum, and good conduct applicable to members of the Commission.
Any person making personal, impertinent, profane or slanderous remarks or who becomes
boisterous while addressing the Commission or while attending the meeting shall be removed from
the room, if so directed by the Mayor or presiding officer, and the person shall be barred from further
audience before the Commission during that session of the meeting. Disruption of a public meeting
could constitute a violation of Section 42.05 of the Texas Penal Code.
1. Call to Order / Roll Call.
2. Pledge of Allegiance.
3. Rules of Order.
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. Items may be removed
from the Consent Agenda by the request of a Commission Member or staff.
4a. Consider and act upon the minutes from the October 03, 2023, Planning & Zoning
Commission meeting.
AGENDA
Planning and Zoning Commission
Prosper Town Hall, Council Chambers
250 W. First Street, Prosper, Texas
Tuesday, October 17, 2023
6:00 PM
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Page 2 of 3
4b. Consider and act upon a request for a Revised Conveyance Plat for MSW Prosper 380
Addition, Block A, Lots 1, 2, and 3, on 34.2± acres, located on the southeast corner of
Prairie Drive and Mahard Parkway. The property is zoned Planned Development -47
(PD-47) Prosper 110 and Specific Use Permit-11 (S-11) Texas Health Resources
Helistop. (D21-0101)
4c. Consider and act upon a Final Plat of Teel 380 Addition, Block A, Lot 1A on 1.6± acres,
located on the northwest corner of Teel Parkway and University Drive. The property is
zoned Planned Development-40 (PD-40) Windsong Ranch. (DEVAPP-23-0146)
4d. Consider and act upon a Site Plan for a Restaurant, on 1.6± acres, located on the
northwest corner of Teel Parkway and University Drive. The property is zoned Planned
Development-40 (PD-40) Windsong Ranch. (DEVAPP-23-0148)
4e. Consider and act upon a request for a Preliminary Plat for Park Place Phase 2, with 170
single family lots and two open space lots on 70.4± acres, located on the southeast
corner of Prosper Road and Teel Parkway. The property is zoned Planned
Development-123 (PD-123) Prosper Hills. (DEVAPP-23-0158)
CITIZEN COMMENTS
The public is invited to address the Commission on any topic. However, the Commission is unable
to discuss or take action on any topic not listed on this agenda. Please complete a “Public Comment
Request Form” and present it to a staff member prior to the meeting.
REGULAR AGENDA:
If you wish to address the Commission, please fill out a “Public Comment Request Form” and
present it to the Chair, preferably before the meeting begins. Pursuant to Section 551.007 of the
Texas Government Code, individuals wishing to address the Planning and Zoning Commission for
items listed as public hearings will be recognized when the public hearing is opened. For individuals
wishing to speak on a non-public hearing item, they may either address the Commission during the
Citizen Comments portion of the meeting or when the item is considered by the Planning and Zoning
Commission.
5. Conduct a Public Hearing and consider and act upon a request for an extension of a
Specific Use Permit for a Concrete Batching Plan on 5.0± acres, located south of West
First Street and west of South Dallas Parkway. (S20-0002)
6. Review actions taken by the Town Council and possibly direct Town Staff to schedule
topic(s) for discussion at a future meeting.
7. Adjourn.
CERTIFICATION
I, the undersigned authority, do hereby certify that this Notice of Meeting was posted at Prosper
Town Hall, located at 250 W. First Street, Prosper, Texas 75078, a place convenient and readily
accessible to the general public at all times, and said Notice was posted by 5:00 p.m., on Friday,
October 13, 2023, and remained so posted at least 72 hours before said meeting was convened.
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_______________________________ _________________________
Michelle Lewis Sirianni, Town Secretary Date Notice Removed
Pursuant to Section 551.071 of the Texas Government Code, the Town Council reserves the right to consult
in closed session with its attorney and to receive legal advice regarding any item listed on this agenda.
NOTICE
Pursuant to Town of Prosper Ordinance No. 13-63, all speakers other than Town of Prosper staff are limited
to three (3) minutes per person, per item, which may be extended for an additional two (2) minutes with
approval of a majority vote of the Town Council.
NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council meetings are wheelchair
accessible. For special services or assistance, please contact the Town Secretary’s Office at (972) 569 -1011
at least 48 hours prior to the meeting time.
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1. Call to Order / Roll Call
The meeting was called to order at 6:00 p.m.
Commissioners Present: Chair Brandon Daniel, Cameron Reeves, Sekou Harris, Glen Blanscet,
John Hamilton
Staff Present: David Hoover, Director of Development Services; Suzanne Porter, Planning
Manager; Dakari Hill, Senior Planner; Doug Braches, Planner; Jerron Hicks, Planner; Reynaldo
Merlos, Planning Tech
2. Recitation of the Pledge of Allegiance.
3. Consider and act upon the appointment of the Planning & Zoning Commission
Chair, Vice Chair, and Secretary.
Chair Brandon Daniel opens the floor to entertain discussion and/or motion for Chair.
Motion by Commissioner Harris to appoint Brandon Daniel as Chair. Seconded by Commissioner
Reeves. Motion approved 5:0.
Chair Brandon Daniel continues the meeting.
Motion by Commissioner Harris to appoint Damon Jackson as Vice-Chair. Second by
Commissioner Blanscet. Motion approved 5:0.
Motion by Commissioner Harris to appoint Cameron Reeves as Secretary. Seconded by
Commissioner Blanscet. Motion approved 5:0.
4. Rules of Order
Chair Brandon Daniel asks if Town Staff can create an informational meeting to discuss consent
items in more detail before certain meetings and comments that attendance is vital in being part
of the Planning & Zoning Commission.
5. CONSENT AGENDA
5a. Consider and act upon the minutes from the September 19, 2023, Planning &
Zoning Commission meeting.
5b. Consider and act upon a Final Plat for Preston 48 Addition, Block A, Lot 3R, on
2.4± acres, located on the southwest corner of East Prosper Trail and North
Preston Road. The property is zoned Commercial (C). (DEVAPP-23-0009)
MINUTES
Regular Meeting of the
Prosper Planning & Zoning Commission
Prosper Town Hall
Council Chambers
250 W. First Street, Prosper, Texas
Tuesday October 10, 2023, 6:00 p.m.
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Page 2 of 6
5c. Consider and act upon a Site Plan for a Car Wash in accessory to a Convenience
Store with Gas Pumps, on 2.4± acres, located on the southwest corner of East
Prosper Trail and North Preston Road. The property is zoned Commercial (C).
(DEVAPP-23-0075)
5d Consider and act upon a Final Plat for Pearls of Prosper, Block A, Lots 1-14 &
Lot 1X, Block B, Lots 1-4 & Lot 2X, Block C, Lots 1-14, Block D, Lot 1, Block E,
Lot 1, and Block F, Lot 1, on 23.2± acres, located on the southwest corner of
West Prosper Trail and North Legacy Drive. The property is zoned Planned
Development-14 (PD-14) The Parks at Legacy. (DEVAPP-23-0078)
5e Consider and act upon a Final Plat for Star Trail, Phase 14, Block J, Lots 1-37,
Lot 2X, and Lot 6X, Block K, Lots 1-17 & Lot 4X, on 15.9± acres, located south of
West Prosper Trail and west of North Legacy Drive. The property is zoned
Planned Development-66 (PD-66) Star Trail. (DEVAPP-23-0157)
5f. Consider and act upon a Final Plat for Star Trail, Phase 15, Block A, Lots 1-40,
Lot 1X, and Lot 5X, Block B, Lots 1-33 & 3X, on 20.4± acres, located south of
West Prosper Trail and west of North Legacy Drive. The property is zoned
Planned Development-66 (PD-66) Star Trail. (DEVAPP-23-0154)
5g. Consider and act upon a Final Plat for Star Trail, Phase 16, Block C, Lots 16-50,
5X, 9X, and 10X, Block D, Lots 1-16 & Lot 7X, Block E, Lots 1-16 & Lot 8X, and
Block F, Lots 1-17, on 22± acres, located on the southwest corner of Prosper
Road and North Legacy Drive. The property is zoned Planned Development-66
(PD-66) Star Trail. (DEVAPP-23-0163)
5h. Consider and act upon a Final Plat for Wandering Creek, Phase 1, Block A, Lots
1-18, Block B, Lots 1-13, Block C, Lots 1-13, Block D, Lots 1 & 22-27, Block E,
Lots 1-44, Block F, Lots 1-11, Block G, Lots 1-12, and Block I, Lot 1, on 49.0±
acres, located south of East First Street and west of North Custer Road. The
property is zoned Planned Development-90 (PD-90) Brookhollow North.
(DEVAPP-23-0156)
5i. Consider and act upon a Final Plat for Teel 380 Addition, Block A, Lot 6, on 2.9±
acres, located north of US-380 and west of South Teel Parkway. The property is
zoned Planned Development-40 (PD-40) Windsong Ranch. (DEVAPP-23-0159)
5j. Consider and act upon a Site Plan for a Restaurant and Retail Store, on 2.9±
acres, located north of US-380 and west of South Teel Parkway. The property is
zoned Planned Development-40 (PD-40) Windsong Ranch. (DEVAPP-23-0160)
Commissioner Blanscet requests that Items 5d, 5e, 5f, 5g, and 5h to be pulled for discussion.
Motion by Commissioner Reeves to approve amended item 5a, and 5b, 5c, 5i, and 5j and pull 5d,
5e, 5f, 5g and 5h for consideration. Second by Commissioner Blanscet. Motion carried 5:0.
Dakari Hill (staff): Presents Item 5d.
Commissioner Blanscet questions if the three open spaces are zoned for retail.
Dakari Hill (staff): Answers Commissioner Blanscet question that yes, they are zoned for retail
per the PD.
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Commissioner Blanscet questions if the remaining two spaces are in the residential area and if
they will be true open spaces for public use.
Dakari Hill (staff): Answers Commissioner Blanscet’s question that yes, the two open spaces are
in the residential area and will be for public use.
Dakari Hill (staff): Presents Item 5e. Refers the Commission to the Applicant and Engineer.
Scott Shipp (applicant): Comments that the strip along Prosper Trail is an open space and
follow[ing] the interior road on the east side, there is a strip of open space. There is also a 7-acre
public park just south of the amenity center.
Commissioner Blanscet questions if there will be aside walk or walking trail in that area.
Scott Shipp (applicant): Answers Commissioner Blanscet that yes there will be.
Dakari Hill (staff): Comments that the Star Trail phases presented tonight are to the west of
Legacy Road. Presents Item 5f.
No questions from the Commissioners.
Dakari Hill (staff): Presents Item 5g.
Commissioner Blanscet requests that the applicant step forward to answer the following
questions. Why there is no thoroughfare and continue First Street and instead develop more
housing.
Scott Shipp (applicant): Answers Commissioner Blanscet’s question, stating that they wanted to
preserve the identity of the master plan of the Star Trail Community.
Commissioner Blanscet comments that he hoped for Star Trail developers to continue First Street
and alleviate the traffic congestion that is coming out of the Artesia community but understands
the decision Star Trail made.
Dakari Hill (staff): Presented Item 5h.
Commissioner Blanscet questions that in the PD, this particular tract is required to be Type A lots.
Dakari Hill (staff): Answers Commissioner Blanscet question, stating that this PD has been broken
up, there have been amendments by new PDs to the type of lots that can be used.
Commissioner Blanscet comments that in the Future Land Use Plan (FLUP), this is labeled as
low density but appears more as medium density.
Dakari Hill (staff): Comments that the lots have different sizes but will balance out to maintain the
low density.
Commissioner Blanscet thanks the staff for the additional information regarding all the items
presented tonight.
Commissioner Blanscet motions to approve items 5d, 5e, 5f, 5g and 5h, subject to Town staff
recommendations. Second by Commissioner Hamilton. Motion passes 5:0.
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CITIZEN COMMENTS
No citizen comments.
REGULAR AGENDA
6. Conduct a Public Hearing and consider and act upon a request to rezone 0.3± acres
from Single Family-15 (SF-15) to Downtown Single-Family (DTSF), for Hillside Addition,
Block 2, Lot 4, located north of East Fifth Street and west of North Church Street.
(ZONE-23-0018)
Dakari Hill (staff): Presents Item 6 about 209 E. Fifth Street being rezoned from SF-15 to DTSF.
Town Staff has received one reply form in support and two calls in opposition, but no reply forms
were submitted.
Commissioner Harris questions who received the calls.
Dakari Hill (staff): Answers Commissioner Harris’ question, states that the Planning Technician,
Rey Merlos, received the calls which was reason to note their opposition.
Commissioner Harris asks what the reasoning for public opposition.
Dakari Hill (staff): Answers Commissioner Harris question that the home would be larger than
homes in the surrounding area.
Commissioner Harris questions the difference between the lots.
Dakari Hill (staff): Answers Commissioner Harris’ question stating that all these lots were
grandfathered and therefore non-conforming lots. The Future Plan for the Downtown Area is to
rezone the whole area to DTSF.
Chair Brandon Daniel asks if for the time being, are these rezoning cases in the downtown area
still going to come to Planning and Zoning Commission (P&Z).
Dakari Hill (staff): Responds to Chair Brandon Daniel’s question that yes, for the time being, they
still will go through P&Z.
Commissioner Reeves comments that there needs to be a discussion about how to approach the
rezoning.
Commissioner Harris questions if there is a situation or circumstances where the commissioners
would deny a request.
David Hoover (staff): Answers Commissioner Harris’ question that there is a Downtown Master
Plan, but it is not an ordinance. There is also a Downtown map in the Comprehensive plan that
discusses the downtown, however there is no real implementation. Comments on the previous
zoning case on Coleman Street where Town Council wants a PD to limit the uses in that area.
Commissioner Hamilton questions if the lot coverage is the only thing that is changing.
David Hoover (staff): Answers Commissioner Hamilton that yes, it is.
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Commissioner Blanscet questions how far Town Staff is in the overlay discussion.
David Hoover (staff): Answers Commissioner Blanscet’s question, stating there is a meeting for
this Friday. (October 6, 2023)
Commissioner Harris questions if Legal has seen this proposal and if they approve.
David Hoover (staff): Answers Commissioner Blanscet that Legal does not really get involved with
case reviews unless there is a specific problem that requires it.
Chair Brandon Daniel questions Commissioner Blanscet if there is a specific concern with the
case.
Commissioner Blanscet answers that he is concerned about spot zoning.
David Hoover (staff): Answers Commissioner Blanscet’s concern that this is not the case in this
situation.
Commissioner Hamilton commented that if this is a spot zoning issue with the intention to correct
issue in the future.
David Hoover (staff): Comments that spot zoning relates to being detrimental to surrounding
properties which is not the case in this item.
Chair Brandon Daniel opened the Public Hearing.
Chair Brandon Daniel asks about the square footage of the home.
Jennifer Richter (applicant): Presents Item 6 with square footage and history of lot. There has
been a previous home on the lot and was relocated to allow for a new home to be allowed on the
lot.
Chair Brandon Daniel thanks the applicant.
Jordan Cornier (resident): Expresses general support for the rezoning.
Chair Brandon Daniel closed the Public Hearing.
Commissioner Hamilton has no additional questions and in support of item.
Commissioner Harris has no issues and is in support of the item.
Commissioner Reeves that legacy is what Prosper is about and in support of item.
Commissioner Blanscet comments that overlay process should have been done first but in
support of item.
Chair Brandon Daniel is in support of the item.
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Commissioner Reeves motions to approve Agenda Item 6, subject to Town Staff
recommendation. Motion seconded by Commissioner Harris to approve Agenda Item 6.
Approved 5:0.
7. Review actions taken by the Town Council and possibly direct Town Staff to
schedule topic(s) for discussion at a future meeting.
Dakari Hill (Staff): Presented information regarding Prosper Hills Ordinance Adoption and
Development Agreement, 313 N Coleman Street, Pradera Development Agreement, McDonalds
SUP, Batch Plant SUP extension, and introduces the new Commissioner and new Planning
Manager.
Commissioner Harris questions why the McDonalds SUP is being tabled for the next Town
Council meeting.
Dakari Hill (Staff): Answers Commissioner Harris’ question that the applicant, Matt Moore,
emailed Town Staff and stated that he will not be able to attend the October 10, 2023 Town
Council meeting.
8. Adjourn.
Motioned to Adjourn by Commissioner Hamilton, seconded by Commissioner Blanscet. Motion
approved 5:0 at 7:05 p.m.
_______________________________ _________________________
Reynaldo Merlos, Planning Technician Cameron Reeves, Secretary
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Page 1 of 1
To: Planning & Zoning Commission Item No. 4b
From: Dakari Hill, Senior Planner
Through: David Hoover, Director of Development Services
Cc: Suzanne Porter, Planning Manager
Re: Planning & Zoning Commission Meeting – October 17, 2023
Agenda Item:
Consider and act upon a request for a Revised Conveyance Plat for MSW Prosper 380 Addition,
Block A, Lots 1, 2, and 3, on 34.2± acres, located on the southeast corner of Prairie Drive and
Mahard Parkway. The property is zoned Planned Development-47 (PD-47) Prosper 110 and
Specific Use Permit-11 (S-11) Texas Health Resources Helistop. (D21-0101)
Description of Agenda Item:
The purpose of this Revised Conveyance Plat is to create Lot 1. The Revised Conveyance Plat
conforms to the Planned Development-47 (PD-47) development standards.
Attached Documents:
1. Location Map
2. Revised Conveyance Plat
Town Staff Recommendation:
Town Staff recommends approval of the Revised Conveyance Plat, subject to approval of all
additions and/or alterations to the easements and dedications.
PLANNING
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11
60' SANITARY SEWER EASEMENT,
INST. NO. 20150903001126910 AND
20150903001126920, O.P.R.C.C.T.S 39°51' W, 5986' TOSOUTHWEST CORNER OFCOLLIN COUNTY SCHOOL LANDNO. 12 SURVEY, ABST. NO. 147CALLED 23.9975 ACRES
EGL PROSPER LP
INST. NO. 20190206000128160
O.P.R.C.C.T.
CORRECTED BY
INST. NO. 20190207000131970
O.P.R.C.C.T.
REMAINDER OF
CALLED 34.2419 ACRES
MSW PROSPER 380 II LP
INSTR. NO. 20190418000418860
O.P.R.C.C.T.
CALLED 60.914 ACRES
SC TW-380, LLC
INST. NO. 20190724000876240
O.P.R.C.C.T.
1" IPF
(LEANING)
1/2" IRFC
"BOHLER"
BLOCK A, LOT 1
CHILDREN'S PROSPER, BLOCK
A, LOTS 1, 2R, 3 & 4
VOL. 2021, PG. 728
P.R.C.C.T.50' ENERGY TRANSFER FUEL LPEASEMENTINST. NO. 2006-0001078, O.P.R.C.C.T.10' ATMOS ENERGY CORPORATION
EASEMENT AND RIGHT-OF-WAY
INST. NO. 20171020001402920
O.P.R.C.C.T.50' ENERGY TRANSFER FUEL LP EASEMENTINST. NO. 2006-0001078O.P.R.C.C.T.MAHARD PARKWAYVOL. 2017, PG. 95, P.R.C.C.T.TXHR ADDITION,
BLOCK A, LOT 1
VOL. 2017, PG. 88
P.R.C.C.T.
CALLED 4.143 ACRES
TEXAS HEALTH RESOURCES
INSTR. NO. 20181212001513610
O.P.R.C.C.T.
Y-C NURSERIES ADDITION
LOT 1, BLOCK A
VOL. 2021, PG. 171
P.R.C.C.T.
LOT 1, BLOCK A
U-HAUL 380 ADDITION, LOT 1,
BLOCK A
VOL. 2009, PG. 223
P.R.C.C.T.
LOT 1, BLOCK A
GST PROSPER, LOT 1, BLOCK A
VOL. 2015, PG. 674
P.R.C.C.T.
RIGHT OF WAY DEDICATION
0.940 ACRE (40,944 SQ. FT.)
DEDICATED TO THE TOWN OF
PROSPER IN FEE SIMPLE
VOL. 2015, PG. 674
P.R.C.C.T.
5' GWOOD 2 LLC
WALL MAINTENANCE EASEMENT
INST. NO. 20191001001223540
O.P.R.C.C.T.
30' SANITARY SEWER EASEMENT
VOL. 2017, PG. 910
P.R.C.C.T.
15' DRAINAGE
EASEMENT
VOL. 2017, PG. 910
P.R.C.C.T.
12.5' STREET
EASEMENT
VOL. 2017,
PG. 910
P.R.C.C.T.
SIDEWALK EASEMENT
VOL. 2017, PG. 910, P.R.C.C.T.
5/8" IRFC
"KHA"
5/8" IRFC
"KHA"
5/8" IRFC
"KHA"
1/2" IRF1" IPF
1/2" IRFC
"SPIARS"
1/2" IRFC
"WAI"
5/8" IRFC
"KHA"
1/2" IRFC
"WAI"
5/8" IRFC
"KHA"
BLOCK A, LOT 3
17.511 ACRES
762,795 SQ. FT.
P.O.B.
5/8" IRFC
"KHA"S0°09'57"W734.12'S0°11'33"W250.15'55.97'45.41'LOT 6, BLOCK D
PROSPER CENTER, BLOCK D,
LOTS 5, 6, 7 AND 9
VOL. 2021, PG. 609
P.R.C.C.T.
LOT 2, BLOCK B
PROSPER CENTER,
BLOCK B, LOTS 2, 3 AND 4
VOL. 2021, PG. 613
P.R.C.C.T.
LOT 5, BLOCK D
PROSPER CENTER, BLOCK D,
LOTS 2R, 5, 6, 7 AND 8
VOL. 2019, PG. 773
P.R.C.C.T.
N89°57'22"E 738.94'
S89°55'55"W 1054.45'
90.0'
LOT 7, BLOCK D
PROSPER CENTER, BLOCK D,
LOTS 2R, 5, 6, 7 AND 8
VOL. 2019, PG. 773
P.R.C.C.T.
PRAIRIE DRIVE
(VARIABLE WIDTH R.O.W.)
(VOL. 2019, PG. 773, P.R.C.C.T.)
MAHARD PARKWAY
(VARIABLE WIDTH R.O.W.)
(VOL. 2019, PG. 773, P.R.C.C.T.)
BLOCK A, LOT 2
6.952 ACRES
302,812 SQ. FT.
697.53'S0°27'00"W435.67'33.36'S0°23'52"W325.51'1/2" IRFC
"WAI"
IRSC
150.0'
130.0'
WATER
EASEMENT
15'X25' DRAINAGE
EASEMENT
15' DRAINAGE
EASEMENT 26' FIRE LANE,
ACCESS & UTILITY
EASEMENT
C3
L2 C4
C5
C6
C7 C8C9
S89°33'00"E 425.39'
32.00'13.0'13.0'1.08'13.0'S89°33'00"E
567.07'
40.55'
L1
L5
L6
L7 L8 L9
C1
C2
14.82'
13.0'
C10
C11
L10
C12 C13 C14 S89°33'00"E 514.99'
15' DRAINAGE EASEMENT
15'X20' DRAINAGE
EASEMENT
CALLED 0.993 ACRE
PEACH TREE GROUP OF INVESTMENT INC
INSTR. NO. 2022000072416
O.P.R.C.C.T.
CALLED 4.126 ACRES
PEACH TREE GROUP OF INVESTMENT INC
INSTR. NO. 20220329000498590
O.P.R.C.C.T.
CORRECTED BY
INSTR. NO. 2022000101825
O.P.R.C.C.T.
CALLED 0.801 ACRE
PEACH TREE GROUP OF INVESTMENT INC
INSTR. NO. 2022000152235, O.P.R.C.C.T.1/2" IRFC
"PEISER & MANKIN"
1/2" IRFC
"PEISER & MANKIN"
1/2" IRFC
"PEISER & MANKIN"
1/2" IRFC
"PEISER & MANKIN"
BEARS S 50°20' E 0.26'
BLOCK A, LOT 1
5.920 ACRES
257,863 SQ. FT.
PRAIRIE DRIVE
DEDICATED TO THE TOWN OF
PROSPER IN FEE SIMPLE
RIGHT OF WAY DEDICATION
3.857 ACRES (168,006 SQ. FT.)
MAHARD PARKWAY
DEDICATED TO THE TOWN OF
PROSPER IN FEE SIMPLERIGHT OF WAY DEDICATION3.857 ACRES (168,006 SQ. FT.)L3 L4
100.0'
90.0'
90.0'
0.87'
356.05'
REMAINDER OF
CALLED 34.2419 ACRES
MSW PROSPER 380 II LP
INSTR. NO. 20190418000418860
O.P.R.C.C.T.
PORTION OF
CALLED 7.722 ACRES
ENCOMPASS HEALTH TEXAS REAL
ESTATE, LLC
INSTR. NO. 20211005002042300
O.P.R.C.C.T.
N89°57'25"E 1138.59'N0°26'47"E1278.96'L11 369.67'403.95'145.70'N4°15'29"E150.42'L12L13L14
C15
L15 N85°55'59"E 150.37'280.10'45.41'S0°26'57"W365.00'S89°33'00"E 697.52'
210.95'
7.50'
28.84'L16L17L
1
8
MSW ROAD EASEMENT AREA
INST. NO. 20211005002042310
O.P.R.C.C.T.
ENCOMPASS ROAD
EASEMENT AREA
INST. NO. 20211005002042310
O.P.R.C.C.T.ENCOMPASS ROADEASEMENT AREAINST. NO. 20211005002042310O.P.R.C.C.T.80' PEDESTRIAN AND
VEHICULAR INGRESS
AND EGRESS
EASEMENT
INST. NO.
20130114000054790
O.P.R.C.C.T.
DRAINAGE EASEMENT
VOL. 2017, PG. 88
P.R.C.C.T.
DRAINAGE EASEMENT
VOL. 2017, PG. 88
P.R.C.C.T.
FIRELANE EASEMENT
VOL. 2017, PG. 88
P.R.C.C.T.
FIRELANE & ACCESS
EASEMENT
VOL. 2017, PG. 88
P.R.C.C.T.
WATER EASEMENT
VOL. 2017, PG. 88,
P.R.C.C.T.
15' SEWER
EASEMENT
VOL. 2017, PG. 88
P.R.C.C.T.
10' COSERV ELECTRIC LINE EASEMENT AND
RIGHT-OF-WAY
INST. NO. 20160202000122390, O.P.R.C.C.T.
DRAINAGE EASEMENT
INST. NO. 20170208000177750
O.P.R.C.C.T.
1/2" IRFC
"WAI RPLS 5714"
40' SANITARY SEWER EASEMENT
INST. NO. 20190206000124290
O.P.R.C.C.T.
15'x15' SANITARY
SEWER EASEMENT
VOL. 2021, PG. 609
P.R.C.C.T.
15'x15' WATER
EASEMENT
VOL. 2021, PG. 609
P.R.C.C.T.
15' DRAINAGE
EASEMENT
VOL. 2021, PG. 609
P.R.C.C.T.
10' STREET EASEMENT
VOL. 2021, PG. 609
P.R.C.C.T.
15'x15' SANITARY
SEWER EASEMENT
VOL. 2021, PG. 609
P.R.C.C.T.
15'x15' WATER EASEMENT
VOL. 2021, PG. 609
P.R.C.C.T.
15' DRAINAGE EASEMENT
VOL. 2021, PG. 609
P.R.C.C.T.
FIRELANE, ACCESS &
UTILITY EASEMENT
VOL. 2021, PG. 609
P.R.C.C.T.
LOT 9, BLOCK D
PROSPER CENTER, BLOCK D,
LOTS 5, 6, 7 AND 9
VOL. 2021, PG. 609
P.R.C.C.T.
15'x15' SANITARY
SEWER EASEMENT
VOL. 2021, PG. 613
P.R.C.C.T.
LOT 3, BLOCK B
PROSPER CENTER,
BLOCK B, LOTS 2, 3 AND 4
VOL. 2021, PG. 613
P.R.C.C.T.MAHARD PARKWAYVOL. 2021, PG. 613, P.R.C.C.T.PRAIRIE DRIVE
(VARIABLE WIDTH R.O.W.)
(VOL. 2021, PG. 613, P.R.C.C.T.)REMAINDER OF CALLED 7.722 ACRESENCOMPASS HEALTH TEXAS REALESTATE, LLCINSTR. NO. 20211005002042300,O.P.R.C.C.T.L19NORTH LINE OFCALLED 7.772 ACRESWEST LINE OF
CALLED 4.126 ACRES
WEST LINE OF
CALLED 0.993 ACRE
WEST LINE OF
CALLED 0.801 ACRE
NORTH LINE OF
CALLED 0.801 ACREPORTION OF REMAINDER OFCALLED 34.2419 ACRESMSW PROSPER 380 II LPINSTR. NO. 20190418000418860O.P.R.C.C.T.PORTION OF REMAINDER OF
CALLED 34.2419 ACRES
MSW PROSPER 380 II LP
INSTR. NO. 20190418000418860
O.P.R.C.C.T.
DRAINAGE EASEMENT
INST. NO. 20170208000177750
O.P.R.C.C.T.
10' COSERV ELECTRIC LINE EASEMENT AND
RIGHT-OF-WAY
INST. NO. 2022000161279, O.P.R.C.C.T.
APPROXIMATE LOCATION OF
EXHIBIT D
ACCESS DRIVE EASEMENT
INST. NO. 2022000152236
O.P.R.C.C.T.
LINE TABLE
NO.
L1
L2
L3
L4
L5
L6
L7
L8
L9
L10
L11
L12
L13
L14
L15
L16
L17
L18
L19
BEARING
S89°33'13"E
S89°33'00"E
S89°33'00"E
S89°33'01"E
N89°59'28"E
S00°00'32"E
N00°26'59"E
S89°33'00"E
S00°27'00"W
S89°33'00"E
N89°34'24"W
S00°26'47"W
S45°12'05"W
S89°57'22"W
S88°55'40"W
N44°33'13"W
N45°26'47"E
S44°33'13"E
N00°25'44"E
LENGTH
38.23'
20.10'
3.40'
26.00'
19.92'
7.24'
24.70'
15.00'
20.63'
9.37'
89.10'
125.00'
35.51'
24.79'
79.28'
32.24'
15.00'
23.87'
30.58'
CURVE TABLE
NO.
C1
C2
C3
C4
C5
C6
C7
C8
C9
C10
C11
C12
C13
C14
C15
DELTA
45°01'37"
45°32'43"
36°51'59"
44°53'37"
39°33'45"
31°36'38"
25°40'56"
90°00'00"
90°00'00"
74°54'07"
45°05'45"
42°17'11"
22°44'25"
25°54'58"
1°01'42"
RADIUS
65.00'
65.00'
30.00'
39.00'
91.39'
50.00'
80.00'
30.00'
30.00'
30.00'
91.00'
39.39'
50.00'
80.00'
1155.00'
LENGTH
51.08'
51.67'
19.30'
30.56'
63.11'
27.59'
35.86'
47.12'
47.12'
39.22'
71.62'
29.07'
19.84'
36.19'
20.73'
CHORD BEARING
N67°25'06"E
S67°40'39"W
S71°07'01"E
N67°20'04"E
S64°44'26"W
N79°40'23"W
S76°42'32"E
N45°27'00"E
S44°33'00"E
S52°59'56"W
N67°27'51"E
S66°07'51"W
N75°54'14"E
S77°29'31"W
N89°26'31"E
CHORD
49.78'
50.32'
18.97'
29.78'
61.86'
27.24'
35.56'
42.43'
42.43'
36.48'
69.79'
28.42'
19.71'
35.88'
20.73'DWG NAME: K:\FRI_SURVEY\063222309-SW PROSPER ROADWAYS\DWG\063222309 MSW PROSPER 380 II CONV PLAT OPTION 2.DWG PLOTTED BYGUNAWAN, SYLVIANA 10/3/2023 11:13 AM LAST SAVED10/3/2023 11:12 AMScale Drawn by
JCC1" = 100'
Checked by Date Project No.Sheet No.
Frisco, Texas 75034
6160 Warren Parkway, Suite 210 Tel. No. (972) 335-3580
Fax No. (972) 335-3779FIRM # 10193822
KHA 09/03/2021 063222309 1 OF 2
NOTES:
1.All corners set are monumented with a 5/8 inch iron rod with red plastic cap stamped
"KHA", unless otherwise noted.
2.Bearing system based on easterly line of Prosper Center, an addition to the Town of
Prosper, according to the Conveyance Plat, recorded in Volume 2016, Page 400, Plat
Records, Collin County, Texas, said bearing being North 00°26'47" East.
3.According to Map No. 48085C0230 J dated June 2, 2009, of the National Flood
Insurance Program Map, Flood Insurance Rate Map of Collin County, Texas, Federal
Emergency Management Agency, Federal Insurance Administration, this property is
located in Zone X (unshaded) and is not within a special flood hazard area. If this site
is within an identified special flood hazard area, this flood statement does not imply that
the property and/or the structures thereon will be free from flooding or flood damage.
On rare occasions, greater floods can and will occur and flood heights may be
increased by man-made or natural causes. This flood statement shall not create
liability on the part of the surveyor.
4.Notice:A conveyance plat is a record of property approved by the Town of Prosper,
Texas, for the purpose of sale or conveyance in its entirely or interests thereon defined.
No building permit shall be issued nor permanent public utility service provided until a
final plat is approved, filed of record and public improvements accepted in accordance
with the provisions of the Subdivision Ordinance of the Town of Prosper.
5.Landscape easements shall be required when a final platting of the lots within this
conveyance plat are prepared.
LEGEND
BOUNDARY LINE
EASEMENT LINE
PROPERTY LINE
IRON ROD FOUNDIRF
IRON ROD FOUND WITH CAPIRFC
IRON ROD SET WITH CAPIRSC
NOT TO SCALENTS
CONTROLLING MONUMENT(C.M.)
DEED RECORDS OF
COLLIN COUNTY, TEXASD.R.C.C.T.
PLAT RECORDS OF
COLLIN COUNTY, TEXASP.R.C.C.T.
OFFICIAL PUBLIC RECORDS
OF COLLIN COUNTY, TEXASO.P.R.C.C.T.
FOUNDFND.
RIGHT OF WAYR.O.W.
CONVEYANCE PLAT
MSW PROSPER 380 ADDITION
BLOCK A, LOTS 1, 2 AND 3
34.240 ACRES
SITUATED IN THE
COLLIN COUNTY SCHOOL LAND NO. 12 SURVEY,
ABSTRACT NO. 147,
TOWN OF PROSPER, COLLIN COUNTY, TEXAS
SEPTEMBER, 2023
CASE #D21-0088 AND D21-0101
GRAPHIC SCALE IN FEET
0100 50 100 200
1" = 100'@ 24X36
NORTH
N.T.S.VICINITY MAP
NORTH
FRISCO
PROSPER
380 COUNTYLINEROADDALLAS NORTH TOLLWAYFISHTRAP
1ST TEEL PKWYLEGACYPR
A
I
R
I
E
SITE
PRAIR
I
E
ENGINEER:
Kimley-Horn and Associates, Inc.
100 W. Oak Street, Suite 203
Denton, TX 76201
P (940) 287-3620
Contact: Mack Mattke, P.E.
SURVEYOR:
Kimley-Horn and Associates, Inc.
6160 Warren Parkway, Suite 210
Frisco, TX 75034
P (972) 335-3580
F (972) 335-3779
Contact: Sylviana Gunawan, R.P.L.S.
OWNER:
Peach Tree Group of
Investment Inc.
1043 Elk Mound Drive
Frisco, Texas 75033
parmarws@gmail.com
Contact: Wilson Parmar
OWNER:
Encompass Health Texas
Real Estate, LLC
9001 Liberty Parkway
Real Estate - 4th Floor
Birmingham, AL 35242
kate.hawley@encompasshealth.com
Contact: Kate Hawley
OWNER:
MSW Prosper 380 II LP
320 W. Main St., Suite 100
Lewisville, TX 75057
jdrysdale@fifthpartners.com
Contact: Joe Drysdale
POINT OF BEGINNINGP.O.B.
IRON PIPE FOUNDIPF
12
PRELIMINARY
THIS DOCUMENT SHALL
NOT BE RECORDED FOR
ANY PURPOSE AND
SHALL NOT BE USED OR
VIEWED OR RELIED
UPON AS A FINAL
SURVEY DOCUMENT
DWG NAME: K:\FRI_SURVEY\063222309-SW PROSPER ROADWAYS\DWG\063222309 MSW PROSPER 380 II CONV PLAT OPTION 2.DWG PLOTTED BYGUNAWAN, SYLVIANA 10/3/2023 11:13 AM LAST SAVED10/3/2023 11:12 AMScale Drawn by
JCCN/A
Checked by Date Project No.Sheet No.
Frisco, Texas 75034
6160 Warren Parkway, Suite 210 Tel. No. (972) 335-3580
Fax No. (972) 335-3779FIRM # 10193822
KHA 09/03/2021 063222309 2 OF 2
CERTIFICATE OF APPROVAL
Approved this _______ day of __________, 2023 by the Planning & Zoning
Commission of the Town of Prosper, Texas.
______________________________________ Town Secretary
______________________________________ Engineering Department
______________________________________ Development Services Department
SURVEYOR'S CERTIFICATE
Know All Men By These Presents:
That I, Sylviana Gunawan, do hereby certify that I prepared this plat and the field notes made a part thereof from
an actual and accurate survey of the land and that the corner monuments shown thereon were properly placed
under my personal supervision, in accordance with the Subdivision Regulations of the Town of Prosper, Texas.
Dated this the _______________ day of ________________, 2023.
_____________________________________________
Sylviana Gunawan
Registered Professional Land Surveyor No. 6461
Kimley-Horn and Associates, Inc.
6160 Warren Pkwy., Suite 210
Frisco, Texas 75034
Phone 972-335-3580
Fax 972-335-3779
STATE OF TEXAS §
COUNTY OF COLLIN §
BEFORE ME, the undersigned, a Notary Public in and for The State of Texas, on this day personally appeared
Sylviana Gunawan, known to me to be the person and officer whose name is subscribed to the foregoing
instrument, and acknowledged to me that she executed the same for the purposes and considerations therein
expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the __________ day of ____________________, 2023.
_______________________________________________
Notary Public, State of Texas
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
THAT MSW PROSPER 380 II LP, ENCOMPASS HEALTH TEXAS REAL ESTATE, LLC, AND
PEACH TREE GROUP OF INVESTMENT INC, acting herein by and through their duly authorized
officers, do hereby certify and adopt this Revised Conveyance plat designating the herein above
described property as MSW PROSPER 380 ADDITION, BLOCK A, LOTS 1, 2 AND 3, an addition to
the Town of Prosper, and do hereby dedicate to the public use forever, the streets and alleys shown
thereon. WHEREAS, MSW PROSPER 380 II LP, ENCOMPASS HEALTH TEXAS REAL ESTATE,
LLC, AND PEACH TREE GROUP OF INVESTMENT INC do herein certify the following:
1. The streets and alleys are dedicated for street and alley purposes.
2. All public improvements and dedications shall be free and clear of all debt, liens, and/or
encumbrances.
3. The easements and public use areas, as shown, are dedicated for the public use forever for the
purposes indicated on this plat.
4. No buildings, fences, trees, shrubs, or other improvements or growths shall be constructed or
placed upon, over or across the easements as shown, except that landscape improvements may be
placed in landscape easements if approved by the Town of Prosper.
5. The Town of Prosper is not responsible for replacing any improvements in, under, or over any
easements caused by maintenance or repair.
6. Utility easements may also be used for the mutual use and accommodation of all public utilities
desiring to use or using the same unless the easement limits the use to particular utilities, said use by
public utilities being subordinate to the public's and Town of Prosper's use thereof.
7. The Town of Prosper and public utilities shall have the right to remove and keep removed all or
parts of any buildings, fences, trees, shrubs, or other improvements or growths which may in any way
endanger or interfere with the construction, maintenance, or efficiency of their respective systems in
the easements.
8. The Town of Prosper and public utilities shall at all times have the full right of ingress and egress to
or from their respective easements for the purpose of constructing, reconstructing, inspecting,
patrolling, maintaining, reading meters, and adding to or removing all or parts of their respective
systems without the necessity at any time procuring permission from anyone.
9. All modifications to this document shall be by means of plat and approved by the Town of Prosper.
This plat approved subject to all platting ordinances, rules, regulations and resolutions of the Town of
Prosper, Texas.
WITNESS, my hand, this the _______________ day of ___________________________, 2023.
BY:MSW PROSPER 380 II LP, a Texas limited partnership
By: MSW Prosper 380 GP, LLC,
a Texas limited liability company,
its General Partner
By: Matthews Holdings Southwest, Inc.
a Texas corporation
its Sole Member and Manager
By: ___________________________________
Kristian Teleki, Senior Vice President
STATE OF TEXAS §
COUNTY OF _______§
BEFORE ME, the undersigned, a Notary Public in and for The State of Texas, on this day personally
appeared Kristian Teleki, known to me to be the person and officer whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed the same for the purposes and
considerations therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the __________ day of
____________________, 2023.
______________________________________________
Notary Public, State of Texas
WITNESS, my hand, this the _______________ day of ___________________________, 2023.
BY:ENCOMPASS HEALTH TEXAS REAL ESTATE, LLC
By: ________________________________________
Sarina Ruggiero, Authorized Representative
STATE OF ALABAMA §
COUNTY OF ___________________§
BEFORE ME, the undersigned, a Notary Public in and for The State of Alabama, on this day
personally appeared Sarina Ruggiero, known to me to be the person and officer whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the
purposes and considerations therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the __________ day of
____________________, 2023.
_______________________________________________
Notary Public, State of Alabama
WITNESS, my hand, this the _______________ day of ___________________________, 2023.
BY:PEACH TREE GROUP OF INVESTMENT INC., a Texas corporation
By: ___________________________________
Wilson Parmar, Owner
STATE OF TEXAS §
COUNTY OF _______§
BEFORE ME, the undersigned, a Notary Public in and for The State of Texas, on this day personally
appeared Wilson Parmar, known to me to be the person and officer whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed the same for the purposes and
considerations therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the __________ day of
____________________, 2023.
______________________________________________
Notary Public, State of Texas
ACCESS EASEMENT
The undersigned covenants and agrees that the access easement(s) may be utilized by any person
of the general public for ingress and egress to other real property, and for the purpose of general
public vehicular use and access, and for the Fire Department, Police, and emergency use in along,
upon, and across said premises, with the right and privilege at all time of the Town of Prosper, its
agents, employees, workmen and representatives having ingress, egress, and regress in, along,
upon, and across said premises.
FIRE LANE EASEMENT
The undersigned covenants and agrees that he (they) shall construct upon the fire lane easements,
as dedicated and shown hereon, a hard surface paved in accordance with Town standards and that
he (they) shall maintain the same in a state of good repair at all times and keep the same free and
clear of any structures, fences, trees, shrubs, or other improvements or obstructions, including but
not limited to the parking, loading, or unloading of motor vehicles, trailers, boats, or other
impediments to the access of fire apparatus. The maintenance of pavement in accordance to Town
standards of the fire lane easements is the responsibility of the owner, and the owner shall post and
maintain signage in accordance to Town standards in conspicuous places along the fire lanes, stating
"Fire Lane, No Parking". The police or their duly authorized representative is hereby authorized to
cause such fire lanes and utility easements to be maintained free and unobstructed at all times for
fire department and emergency use.
CONVEYANCE PLAT
MSW PROSPER 380 ADDITION
BLOCK A, LOTS 1, 2 AND 3
34.240 ACRES
SITUATED IN THE
COLLIN COUNTY SCHOOL LAND NO. 12 SURVEY,
ABSTRACT NO. 147,
TOWN OF PROSPER, COLLIN COUNTY, TEXAS
SEPTEMBER, 2023
CASE #D21-0088 AND D21-0101
OWNER'S CERTIFICATE
STATE OF TEXAS §
COUNTY OF COLLIN §
WHEREAS, MSW PROSPER 380 II LP, ENCOMPASS HEALTH TEXAS REAL ESTATE, LLC, AND
PEACH TREE GROUP OF INVESTMENT INC, are the owners of tract of land situated in the Collin County
School Land No. 12 Survey, Abstract No. 147, Town of Prosper, Collin County, Texas and being the
remainder of a called 34.2419-acre tract of land described in a deed to MSW Prosper 380 II LP, recorded in
Instrument No. 20190418000418860 of the Official Public Records of Collin County, Texas, a portion of a
called 7.722 acre tract of land described in a deed to Encompass Health Texas Real Estate, LLC, as
recorded in Instrument No. 20211005002042300 of the Official Public Records of Collin County, Texas, all of
a called 4.126 acre tract of land described in a deed to Peach Tree Group of Investment Inc, as recorded in
Instrument No. 20220329000498590 of the Official Public Records of Collin County, Texas, and corrected by
Instrument No. 2022000101825 of the Official Public Records of Collin County, Texas, all of a called 0.993
acre tract of land described in a deed to Peach Tree Group of Investment Inc, as recorded in Instrument No.
2022000072416 of the Official Public Records of Collin County, Texas, and all of a called 0.801 acre tract of
land described in a deed to Peach Tree Group of Investment Inc, as recorded in Instrument No.
2022000152235 of the Official Public Records of Collin County, Texas, and being more particularly described
by metes and bounds as follows:
BEGINNING at a 5/8-inch iron rod with a red plastic cap, stamped “KHA”, found for the northeast corner of
said 34.2419-acre tract, same being the southeast corner of a called 60.914-acre tract of land described in a
Special Warranty Deed with Vendor's Lien to SC TW-380, LLC, recorded in Instrument No.
20190724000876240 of the Official Public Records of Collin County, Texas, the northwest corner of Block A,
Lot 1 of Children's Prosper, Block A, Lots 1, 2R, 3 & 4, according to the plat thereof recorded in Volume
2021, Page 728 of the Plat Records of Collin County, Texas, and the southwest corner of a called
23.9975-acre tract of land described in a deed to EGL Prosper LP, recorded in Instrument No.
20190206000128160 and corrected in Instrument No. 20190207000131970, both of the Official Public
Records of Collin County, Texas;
THENCE South 00°23'52" West, along the easterly line of said 34.2419-acre tract, the westerly line of said
Block A, Lot 1, a distance of 325.51 feet to a 1-inch iron pipe found for the southwest corner of said Block A,
Lot 1, common to the northwest corner of Y-C Nurseries Addition, Lot 1, Block A, according to the plat
thereof recorded in Volume 2021, Page 171 of the Plat Records of Collin County, Texas;
THENCE South 00°09'57" West, continuing along the easterly line of said 34.2419-acre tract and along the
westerly line of said Y-C Nurseries Addition, a distance of 734.12 feet to a 5/8-inch iron rod with a red plastic
cap, stamped “KHA” set for the westerly, southwest corner of said Y-C Nurseries Addition, same being the
northwest corner of Lot 1, Block A of U-Haul 380 Addition, an addition to the Town of Prosper as recorded in
Volume 2009, Page 223 of the Plat Records of Collin County, Texas;
THENCE South 00°11'33" West, continuing along the easterly line of said 34.2419-acre tract and along the
westerly line of said Lot 1, Block A, a distance of 250.15 feet to a 5/8-inch iron rod with a red plastic cap,
stamped “KHA” set for the southeast corner of said 34.2419-acre tract, same being the northeast corner of a
called 4.143-acre tract of land described in a deed to Texas Health Resources, recorded in Instrument No.
20181212001513610 of the Official Public Records of Collin County, Texas;
THENCE South 89°55'55" West, along the southerly line of said 34.2419-acre tract, the southerly line of said
7.722-acre tract, the northerly line of said 4.143-acre tract, and the northerly line of TXHR Addition, an
addition to the Town of Prosper as recorded in Volume 2017, Page 88 of the Plat Records of Collin County,
Texas, a distance of 1054.45 feet to a 1/2-inch iron rod with a red plastic cap, stamped “WAI” found for the
southerly, southwest corner of said 7.722-acre tract and northwest corner of said TXHR Addition, same being
on the easterly right of way line of Mahard Parkway, a variable width right of way, as recorded in Volume
2017, Page 95 of the Plat Records of Collin County, Texas;
THENCE North 00°25'44" East, along the westerly line of said 7.722-acre tract and the easterly right of way
line of said Mahard Parkway, a distance of 30.58 feet to a 5/8-inch iron rod with a red plastic cap, stamped
“KHA” set for an ell corner of said 7.722-acre tract, common to the northeast corner of said Mahard Parkway;
THENCE North 89°34'24" West, along the southerly line of said 7.722-acre tract and along the northerly
terminus of said Mahard Parkway, a distance of 89.10 feet to a 5/8-inch iron rod with a red plastic cap,
stamped “KHA” set for the westerly, southwest corner of said 7.722-acre tract and the northwest corner of
said Mahard Parkway, same being on the easterly line of a right of way dedication for Mahard Parkway as
recorded in Volume 2015, Page 674 of the Plat Records of Collin County, Texas;
THENCE North 00°26'47" East, along the westerly line of said 7.722-acre tract, the westerly line of said
34.2419-acre tract, the easterly line of said Mahard Parkway right of way dedication, and the easterly right of
way line of Mahard Parkway, a variable width right of way, as recorded in Volume 2019, Page 773 and
Volume 2021, Page 613 of the Plat Records of Collin County, Texas, a distance of 1278.96 feet to a 1/2-inch
iron rod with a yellow plastic cap, stamped “BOHLER”, found for the northwest corner of said 34.2419-acre
tract, same being the southwest corner of aforesaid 60.914-acre tract;
THENCE North 89°57'25" East, departing the easterly line of said Mahard Parkway right of way dedication,
along the south line of said 60.914-acre tract and the north line of said 34.2419-acre tract, a distance of
1138.59 feet to the POINT OF BEGINNING and containing 34.240 acres (1,491,477 square feet) of land,
more or less.
ENGINEER:
Kimley-Horn and Associates, Inc.
100 W. Oak Street, Suite 203
Denton, TX 76201
P (940) 287-3620
Contact: Mack Mattke, P.E.
SURVEYOR:
Kimley-Horn and Associates, Inc.
6160 Warren Parkway, Suite 210
Frisco, TX 75034
P (972) 335-3580
F (972) 335-3779
Contact: Sylviana Gunawan, R.P.L.S.
OWNER:
Peach Tree Group of
Investment Inc.
1043 Elk Mound Drive
Frisco, Texas 75033
parmarws@gmail.com
Contact: Wilson Parmar
OWNER:
Encompass Health Texas
Real Estate, LLC
9001 Liberty Parkway
Real Estate - 4th Floor
Birmingham, AL 35242
kate.hawley@encompasshealth.com
Contact: Kate Hawley
OWNER:
MSW Prosper 380 II LP
320 W. Main St., Suite 100
Lewisville, TX 75057
jdrysdale@fifthpartners.com
Contact: Joe Drysdale
13
Page 1 of 1
To: Planning & Zoning Commission Item No. 4c
From: Doug Braches, Planner
Through: David Hoover, Director of Development Services
Cc: Suzanne Porter, Planning Manager
Re: Planning & Zoning Commission Meeting – October 17, 2023
Agenda Item:
Consider and act upon a Final Plat of Teel 380 Addition, Block A, Lot 1A on 1.6± acres, located
on the northwest corner of Teel Parkway and University Drive. The property is zoned Planned
Development-40 (PD-40) Windsong Ranch. (DEVAPP-23-0146)
Description of Agenda Item:
The purpose of the Final Plat is to build a commercial building with Restaurant uses. The Final
Plat conforms to the Planned Development-40 (PD-40) Windsong Ranch Development
Standards.
As a companion item, the Site Plan (DEVAPP-23-0148) is also on the Planning & Zoning
Commission agenda for October 17, 2023.
Attached Documents:
1. Location Map
2. Final Plat
Town Staff Recommendation:
Town Staff recommends approval of the Final Plat, subject to approval of all additions and/or
alterations to the easements and dedications on the Final Plat.
PLANNING
14
15
POINT OF
BEGINNING
1.664 Acres
( 72,466 S.F.)
H
TRO
N
Scale: 1" = 30' June, 2023 SEI Job No. 21-152
LEGEND
FINAL PLAT
TEEL 380 ADDITION
LOT 1A, BLOCK A
FROM THE CONVEYANCE PLAT OF
TEEL 380 ADDITION, LOTS 1-8, BLOCK A
RECORDED IN DOC. NO. ____________
OFFICIAL RECORDS, DENTON COUNTY, TEXAS
SITUATED IN THE C.L. SMITH SURVEY, ABSTRACT NO. 1681
IN THE TOWN OF PROSPER, DENTON COUNTY, TEXAS
1.664 Acres
Current Zoning: PD-40
Town Case No. DEVAPP-23-0146
SURVEYOR'S CERTIFICATE
STATE OF TEXAS §
COUNTY OF COLLIN §
OWNER'S CERTIFICATE
STATE OF TEXAS §
COUNTY OF DENTON §
” “”
”
” “”
”
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’'
STATE OF TEXAS §
COUNTY OF DENTON §
OWNER / APPLICANT
TEEL 380 LP
8668 John Hickman Parkway
Suite 907
Frisco, Texas 75034
Telephone (248) 345-3818
Contact: Shiva Kondru
ENGINEER / SURVEYOR
Spiars Engineering, Inc.
765 Custer Road, Suite 100
Plano, TX 75075
Telephone: (972) 422-0077
TBPELS No. F-2121 and No. F-10043100
Contact: David Bond
LOCATION MAP
PROJECT
LOCATION
NOTES:
TOWN APPROVAL
ACCESS EASEMENT
FIRELANE EASEMENT
LANDSCAPE EASEMENT
16
Page 1 of 2
To: Planning & Zoning Commission Item No. 4d
From: Doug Braches, Planner
Through: David Hoover, Director of Development Services
Cc: Suzanne Porter, Planning Manager
Re: Planning & Zoning Commission Meeting – October 17, 2023
Agenda Item:
Consider and act upon a Site Plan for a Restaurant, on 1.6± acres, located on the northwest
corner of Teel Parkway and University Drive. The property is zoned Planned Development-40
(PD-40) Windsong Ranch. (DEVAPP-23-0148)
Description of Agenda Item:
The Site Plan shows a 5,136 square foot building with Restaurant use as shown below:
Access is provided from Teel Parkway. Cross access is provided throughout the adjacent
commercial development, which provides a connection to US 380, by way of Fire lane, Access,
PLANNING
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Page 2 of 2
Utility and Drainage Easements. The Site Plan (DEVAPP-23-0148) conforms to the Planned
Development-40 (PD-40) Windsong Ranch Development Standards.
As a companion item, the Final Plat (DEVAPP-23-0146) is also on the Planning & Zoning
Commission agenda for October 17, 2023.
Attached Documents:
1. Location Map
2. Site Plan
Town Staff Recommendation:
Town Staff recommends approval of the Site Plan, subject to approval of civil engineering plans.
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ATMVAN VAN20
Page 1 of 2
To: Planning & Zoning Commission Item No. 4e
From: Jerron Hicks, Planner
Through: David Hoover, Director of Development Services
Cc: Suzanne Porter, Planning Manager
Re: Planning & Zoning Commission Meeting – October 17, 2023
Agenda Item:
Consider and act upon a request for a Preliminary Plat for Park Place Phase 2, on 70.4± acres,
located on the southeast corner of Prosper Road and Teel Parkway. The property is zoned
Planned Development-123 (PD-123) Prosper Hills. (DEVAPP-23-0158)
Description of Agenda Item:
The purpose of the Preliminary Plat is to build a residential subdivision with 166 single-family lots
and 2 open space lots. Per PD-123, the maximum number of single-family lots shall not exceed
170.
Lot Regulations:
The plat conforms to the Planned Development-123 (PD-123) development standards as shown
below:
A. Size of Yards:
1. Minimum Front Yard – 25 feet.
2. Minimum Side Yard – 8 feet; 15 feet on corner adjacent to side street.
3. Minimum Rear Yard – 25 feet.
B. Size of Lots:
1. Minimum Lot Area – 10,000 square feet.
2. Minimum Lot Width – 80 feet as measured along the front setback,
except for lots located on a cul-de-sac, curve or eyebrow which may have
a minimum width of 65’ at the front setback provided all other requirements of this
section are met.
3. Minimum Lot Depth – 125 feet, except that up to 20% of the lots may
have a minimum depth of 115 feet.
PLANNING
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Page 2 of 2
Attached Documents:
1. Location Map
2. Preliminary Plat
Town Staff Recommendation:
Town Staff recommends approval of the Preliminary Plat, subject to approval of all additions
and/or alterations to the easements and dedications.
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POINT OF
BEGINNING
S
N
W E
LEGEND
OWNER / APPLICANT
Prosper Hills, LP
826 Mango Court
Coppell, Tx. 75019
Telephone: (972) 304-0506
Contact: Vijay Borra
ENGINEER / SURVEYOR
Spiars Engineering, Inc.
765 Custer Road, Suite 100
Plano, TX 75075
Telephone: (972) 422-0077
TBPELS No. F-2121 And No. F-10043100
Contact: Ryan Hartman, P.E.
LOCATION MAP / KEY MAP
N.T.S.
SITE
DEVAPP 23-0158
PRELIMINARY PLAT
PARK PLACE PHASE 2
70.401 GROSS ACRES
(13.535 ACRES R.O.W.)
56.866 ACRES NET OUT OF THE
L. NETHERLY SURVEY ~ ABSTRACT NO. 962
TOWN OF PROSPER
DENTON COUNTY, TEXAS
24
ENGINEER / SURVEYOR
Spiars Engineering, Inc.
765 Custer Road, Suite 100
Plano, TX 75075
Telephone: (972) 422-0077
TBPELS No. F-2121 And No. F-10043100
Contact: Ryan Hartman, P.E.
“”
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PROSPER HILLS, LP
’’
ACCESS EASEMENT
LANDSCAPE EASEMENT
‘’
SURVEYOR'S CERTIFICATE
STATE OF TEXAS §
COUNTY OF COLLIN §
CERTIFICATE OF APPROVAL
LIEN HOLDER:
OWNER / APPLICANT
Prosper Hills, LP
826 Mango Court
Coppell, Tx. 75019
Telephone: (972) 304-0506
Contact: Vijay Borra
DEVAPP 23-0158
PRELIMINARY PLAT
PARK PLACE PHASE 2
70.401 GROSS ACRES
(13.535 ACRES R.O.W.)
56.866 ACRES NET OUT OF THE
L. NETHERLY SURVEY ~ ABSTRACT NO. 962
TOWN OF PROSPER
DENTON COUNTY, TEXAS
STATE OF TEXAS §
COUNTY OF COLLIN §
25
Page 1 of 2
To: Planning & Zoning Commission Item No. 5
From: Dakari Hill, Senior Planner
Through: David Hoover, Director of Development Services
Cc: Suzanne Porter, Planning Manager
Re: Planning & Zoning Commission Meeting – October 17, 2023
Agenda Item:
Conduct a Public Hearing and consider and act upon a request for an extension of a Specific Use
Permit for a Concrete Batching Plant on 5.0± acres, located south of West First Street and west
of South Dallas Parkway. The property is zoned Planned Development-19 (PD-19) Lattimore
Batch Plan North and Specific Use Permit-6 (S-6) Nelson Bros Concrete Batch Plant. (S20-0002)
Description of Agenda Item:
The zoning and land use of the surrounding properties are as follows:
Zoning Current Land Use Future Land Use Plan
Subject
Property
Planned Development-19
& Specific Use Permit-6 Concrete Batching Plant Tollway District
North Agricultural Wholesale Warehouse Tollway District
East Commercial Corridor Wholesale Warehouse Tollway District
South Single Family-15 Concrete Batching Plant Tollway District
West Agricultural Wholesale Warehouse Tollway District
Requested Zoning – The purpose of this request is to extend the existing Specific Use Permit
(SUP) for a Concrete Batching Plant. The original Specific Use Permit was approved in 2021 and
PLANNING
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Page 2 of 2
does not expire until October 2024; however, the extension will allow them to continue operating
until October 1, 2026. The applicant has agreed to cease operations once this extension expires.
The Zoning Ordinance contains the following four (4) criteria to be considered in determining the
validity of an SUP request.
1. Is the use harmonious and compatible with its surrounding existing uses or proposed uses?
2. Are the activities requested by the applicant normally associated with the requested use?
3. Is the nature of the use reasonable?
4. Has any impact on the surrounding area been mitigated?
Staff believes the applicant has satisfied the criteria and recommends approval of the request.
Future Land Use Plan:
The Future Land Use Plan recommends Tollway District. The proposed zoning request does not
conform to the Future Land Use Plan; however, the existing use will be phased out and replaced
with a use more compatible to the Future Land Use Plan.
Thoroughfare Plan:
This property has direct access to South Dallas Parkway.
Parks Master Plan:
The Parks Master Plan does not indicate a park is needed on the subject property.
Legal Obligations and Review:
Notification was provided as required by the Zoning Ordinance and state law. Staff has not
received any response to the proposed zoning request to date.
Attached Documents:
1. Aerial and Zoning Maps
2. Ordinance
Town Staff Recommendation:
Town Staff recommends approval of the request for an extension of a Specific Use Permit for a
Concrete Batching Plant on 5.0± acres, located south of West First Street and west of South
Dallas Parkway. The extension to this Specific Use Permit will allow the concrete batching plant
to continue operations until on or before October 1, 2026. However, the applicant has agreed to
cease operations and relocate once the extension expires. Furthermore, all equipment from the
property will be removed, including the on-site modular office, when the plant ceases operations.
The applicant’s agreement to these conditions upon approval of the extension will allow the
property to be in conformance with the vision for Dallas North Tollway once the extension expires.
Town Council Public Hearing:
Upon a recommendation by the Planning & Zoning Commission, a Public Hearing for this item
will be scheduled for the Town Council at their Regular meeting on November 14, 2023.
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SETTLEMENT AGREEMENT—Page 1
SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT (“Agreement”) is made and entered into as
of the last date set forth after the signature lines hereto (“Effective Date”) by and
between the Town of Prosper, Texas (“Town”), and Vulcan Materials Company, its
affiliates and subsidiaries, legally authorized to do business in Texas (“Vulcan”) (Town
and Vulcan hereinafter may be referred to as “Party” or collectively as the “Parties”), for
and in consideration of the mutual promises and covenants contained herein.
WHEREAS, Vulcan operates a concrete batch facility (“Operation”) located at
570 S. Dallas Parkway, Prosper, Texas 75078 (the “Property,” a legal description of
which is attached to this Agreement as Exhibit A, and is incorporated by reference),
which Operation involves generally the use of equipment, including but not limited to,
mixers, cement batchers, aggregate batchers, conveyors, radial stackers, aggregate
bins, cement bins, heaters, chillers, cement silos, batch plant controls, and dust
collectors, and other equipment necessary for the production of concrete , together with
all related appurtenances thereto (collectively, “Equipment”), as well as an on-site
modular office; and
WHEREAS, on or about January 12, 2021, the Town adopted Ordinance No.
2021-02, which Ordinance approved a specific use permit for the Operation on the
Property until October 1, 2024; and
WHEREAS, on or about ______, 2023, the Town adopted Ordinance No. 2023 -
__, which Ordinance approved an extension of the Operation by specific use permit until
October 1, 2026; and
WHEREAS, the forgoing approval of a specific use permit on the Property by the
Town Council and this Agreement seek to incorporate, in part, the negotia ted and
agreed upon standards contained in the Ordinance granting the specific use permit on
the Property, and to recognize Vulcan’s reasonable investment-backed expectations in
the Property and as more fully described herein; and
WHEREAS, with the ongoing development of properties along the Dallas North
Tollway, the Operation is not a use generally compatible with such development, and
but for this Agreement, the Town may not extend the Operation’s specific use permit
past the October 1, 2026, deadline referenced herein; and
WHEREAS, the Parties desire and have worked together to establish an agreed-
upon time period for the conclusion of the Operation on the Property and the eventual
relocation of the Operation from the Property to another location; and
WHEREAS, in exchange for the agreed-upon Compliance Date and relocation,
as well as the Town’s extension of the Operation on the Property until October 1, 2026,
the Parties desire to compromise, resolve, and settle any disputes regarding the
Operation on the Property and to establish a Completion Date for the Operation on the
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SETTLEMENT AGREEMENT—Page 2
Property; and
WHEREAS, the Parties desire to enter into this Agreement to effectuate all of the
foregoing.
NOW, THEREFORE, for and in consideration of the agreements contained
herein and other good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, the Town and Vulcan agree as follows:
1. Vulcan’s Agreement to Cease Operations on or before October 1,
2026. Vulcan hereby agrees and affirms that (i) its Operation on the Property will cease
on or before October 1, 2026; (ii) it already has recouped at least one hundred percent
(100%) of its investment in the Operation on the Property; and (iii) it waives any rights or
remedies it may have under subchapter A of Chapter 211 of the Texas Local
Government Code, as amended. Further, Vulcan shall remove all Equipment from the
Property, including the on-site modular office, as of the date it ceases its operations.
2. Town’s Agreement Not to Institute Amortization or Related
Proceedings. In exchange for Vulcan’s agreement to cease all Operation and related
uses on the Property on or before October 1, 2026, the Town agrees that it will not
institute, pursue or undertake any amortization processes or procedures against Vulcan
and its nonconforming use of property (in the event a subsequent specific use permit is
either denied or expires), pursuant to the Town’s Zoning Ordinance and/or applicable
provisions of state law.
3. Covenant Running with the Land. The terms, conditions, rights,
obligations, benefits, covenants and restrictions of the provisions of this Agreement
shall be deemed covenants running with the land, and shal l be binding upon and inure
to the benefit of Vulcan and its heirs, representatives, successors and assigns. This
Agreement shall be deemed to be incorporated into each deed and conveyance of the
Property or any portion thereof hereafter made by any other owners of the Property,
regardless of whether this Agreement is expressly referenced therein.
4. Default. No Party shall be in default under this Agreement until notice of
the alleged failure of such Party to perform has been given (which notice shal l set forth
in reasonable detail the nature of the alleged failure) and until such Party has been
given a reasonable time to cure the alleged failure (such reasonable time determined
based on the nature of the alleged failure, but in no event less than thi rty (30) days after
written notice of the alleged failure has been given). In addition, no Party shall be in
default under this Agreement if, within the applicable cure period, the Party to whom the
notice was given begins performance and thereafter diligently and continuously pursues
performance until the alleged failure has been cured. If either Party is in default under
this Agreement, the other Party shall have the right to enforce the Agreement in
accordance with applicable law, provided, however, in no event shall any Party be liable
for consequential or punitive damages.
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SETTLEMENT AGREEMENT—Page 3
5. Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of Texas, and all obligations of the parties created
hereunder are performable in Collin County, Texas. Exclusive venue for any action
arising under this Agreement shall lie in Collin County, Texas.
6. Notice. Any notices required or permitted to be given hereunder (each, a
“Notice”) shall be given by certified or registered mail, return receipt requested, to the
addresses set forth below or to such other single address as either party hereto shall
notify the other:
If to the Town: The Town of Prosper
250 W. First Street
P.O. Box 307
Prosper, Texas 75078
Attention: Town Manager
If to Vulcan: Vulcan Materials Company
Corporate Office
1200 Urban Center Drive
Birmingham, Alabama 35242
Attention: Mitchell M. Mataya
7. Prevailing Party. In the event any person initiates or defends any legal
action or proceeding to enforce or interpret any of the terms of this Agreement, the
prevailing party in any such action or proceeding shall be entitled to recover its
reasonable costs and attorney’s fees (including its reasonable costs and attorney’s fees
on any appeal).
8. Entire Agreement. This Agreement contains the entire agreement
between the Parties hereto with respect to development of the Property and supersedes
all prior agreements, oral or written, with respect to the subject matter hereof. The
provisions of this Agreement shall be construed as a whole and not strictly for o r against
any Party.
9. Savings/Severability. In the event any provision of this Agreement shall
be determined by any court of competent jurisdiction to be invalid or unenforceable, the
Agreement shall, to the extent reasonably possible, remain in force as to the balance of
its provisions as if such invalid provision were not a part hereof.
10. Binding Agreement. A telecopied facsimile of a duly executed
counterpart of this Agreement shall be sufficient to evidence the binding agreement of
each party to the terms herein, including without limitation a scanned copy sent via
electronic mail by either party.
11. Authority to Execute. This Agreement shall become a binding obligation
on the signatories upon execution by all signatories hereto. The Town warrants and
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SETTLEMENT AGREEMENT—Page 4
represents that the individual executing this Agreement on behalf of the Town has full
authority to execute this Agreement and bind the Town to the same. Vulcan warrants
and represents that the individual executing this Agreement on behalf of Vulcan has full
authority to execute this Agreement and bind Vulcan to the same. The Town Council
hereby authorizes the Town Manager of the Town to execute this Agreement on behalf
of the Town.
12. Filing in Deed Records. This Agreement, and any and all subsequent
amendments to this Agreement, shall be filed in the deed records of Collin County,
Texas.
13. Mediation. In the event of any disagreement or conflict concerning the
interpretation of this Agreement, and such disagreement cannot b e resolved by the
signatories hereto, the signatories agree to submit such disagreement to nonbinding
mediation.
14. Notification of Sale or Transfer; Assignment of Agreement. Vulcan
shall notify the Town in writing of any sale or transfer of all or a ny portion of the
Property, within ten (10) business days of such sale or transfer. Any new owner or
transferee shall be bound by the terms of this Agreement.
15. Sovereign Immunity. The Parties agree that the Town has not waived its
sovereign immunity from suit by entering into and performing its obligations under this
Agreement.
16. Vested Rights/Chapter 245 Waiver. The signatories hereto shall be
subject to all ordinances of the Town, whether now existing or in the future arising. This
Agreement shall confer no vested rights on the Property, or any portion thereof, unless
specifically enumerated herein. In addition, nothing contained in this Agreement shall
constitute a "permit" as defined in Chapter 245, Texas Local Government Code . This
Section shall survive the termination of this Agreement.
17. Effect of Recitals. The recitals contained in this Agreement: (a) are true
and correct as of the Effective Date; (b) form the ba sis upon which the Parties
negotiated and entered into this Agreement; (c) are legislative findings of the Town
Council; and (d) reflect the final intent of the Parties with regard to the subject matter of
this Agreement. In the event it becomes necessary to interpret any provision of this
Agreement, the intent of the Parties, as evidenced by the recitals, shall be taken into
consideration and, to the maximum extent possible, given full effect. The Parties have
relied upon the recitals as part of the consideration for entering into this Agreement and,
but for the intent of the Parties reflected by the recitals, would not have entered into this
Agreement.
18. Consideration. This Agreement is executed by the parties hereto without
coercion or duress and for substantial consideration, the sufficiency of which is forever
confessed.
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SETTLEMENT AGREEMENT—Page 5
19. Counterparts. This Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes. A facsimile
signature will also be deemed to constitute an original.
20. Time. Time is of the essence in the performance by the Parties of their
respective obligations under this Agreement.
21. Third Party Beneficiaries. Nothing in this Agreement shall be construed
to create any right in any third party not a signatory to this Agreement, and the Parties
do not intend to create any third-party beneficiaries by entering into this Agreement.
22. Amendment. This Agreement shall not be modified or amended except
in writing signed by the Parties. A copy of each amendment to this Agreement, when
fully executed and recorded, shall be provided to each Party, Assignee and successor
owner of all or any part of the Land; however, the failure to provide such copies shall not
affect the validity of any amendment.
23. Miscellaneous Drafting Provisions. This Agreement shall be deemed
drafted equally by all Parties hereto. The language of all parts of this Agreement shall
be construed as a whole according to its fair meaning, and any presumption or principle
that the language herein is to be construed against any Party shall not apply.
IN WITNESS WHEREOF, the parties hereto have caused this document to be
executed as of the date referenced herein.
TOWN:
THE TOWN OF PROSPER, TEXAS
By: ___________________________
Name: Mario Canizares
Title: Town Manager, Town of Prosper
STATE OF TEXAS )
)
COUNTY OF COLLIN )
This instrument was acknowledged before me on the ___ day of
______________, 2023, by Mario Canizares, Town Manager of the Town of Prosper,
Texas, on behalf of the Town of Prosper, Texas.
Notary Public, State of Texas
My Commission Expires: _________________
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SETTLEMENT AGREEMENT—Page 6
VULCAN:
VULCAN MATERIALS COMPANY
By: ________________________________
Name: ____________________________
Title: ____________________________
STATE OF _________ )
)
COUNTY OF ________ )
This instrument was acknowledged before me on the ___ day of
_______________, 2023, by ___________________, in his capacity as
_____________________ of Vulcan Materials Company, known to be the person
whose name is subscribed to the foregoing instrument, and that he executed the same
on behalf of and as the act of Vulcan Materials Company.
Notary Public, State of ___________________
My Commission Expires: _________________
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SETTLEMENT AGREEMENT—Page 7
EXHIBIT A
(Property Description)
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