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09-009 - R TOWN OF PROSPER, TEXAS RESOLUTION NO. 09-009 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER OF THE TOWN OF PROSPER, TEXAS, TO ENTER INTO AN ANNEXATION AGREEMENT WITH RAYMOND AND MARY HERRMANN. 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 enter into, on behalf of the Town Council of the Town of Prosper, Texas, an annexation agreement with Raymond and Mary Herrmann. SECTION 2: Resolved by affirmative vote of the Town Council on the 29`h day of January, 2009. rharles Nisangeir-I'Mayor ATTEST: F NYatthew D. Denton,TRMC ° Town Secretary ', k AFTER RECORDING, RETURN TO: Town of Prosper Attn: Matthew D. Denton PO Box 307 Prosper TX 75078 STATE OF TEXAS § § ANNEXATION AGREEMENT COUNTY OF COLLIN § This Annexation Agreement ("Agreement") is made and entered into as of this ' day of 2009, ("Effective Date")by and between the Town of Prosper, Texas, ("Town") and Raymond and Mary Herrmann ("Owner") on the terms and conditions hereinafter set forth. WHEREAS,Owner owns approximately 13.789 acres,more or less,situated in the William Butler Survey, Abstract A0112, Collin County, Texas, which is more particularly described in Exhibit "A", attached hereto and incorporated herein for all purposes ("Property"); and WHEREAS, Town and the Owner desire that the property be developed as set forth herein; and WHEREAS,Town in accordance with Section 43.035 of the Texas Local Government Code desires to annex certain lands including the Property; and WHEREAS, pursuant to Section 212.172 of the Texas Local Government Code, Town is authorized to make a written contract with an owner of land that is located in the extraterritorial jurisdiction of the municipality for purposes set forth in that section; and WHEREAS,the parties desire to agree on the matters set forth in this Agreement pursuant to Section 212.172 of the Texas Local Government Code and for the purposes set forth in that section. NOW, THEREFORE, in consideration of the mutual benefits and premises contained herein and for other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged, Town and Owner agree as follows: 1. Land Subject to Agreement. The land that is subject to this Agreement is the Property. Owner represents that it is the sole owner of the Property. 2. Use and Development. The use and development of the Property before and after annexation shall conform to the uses, density, layout, permitting requirements (including but not limited to submittal of site plans and plats)and development standards(including but not limited to Annexation Agreement Page 1 MSL101408Hemnann 1 masonry requirements,parking standards and landscaping standards) set forth by the ordinances of Town (including but not limited to the Comprehensive Zoning Ordinance and the Subdivision Regulations)as they exist or may be amended. Prior to annexation,the Property shall be developed as if it has been designated with agriculture zoning. 3. Annexation and Zoning. Town will not annex the Property, unless requested to do so by Owner, during the term of this Agreement provided that Owner complies with the terms and conditions of this Agreement. The parties agree that Town, in its sole discretion, shall determine whether Owner is in compliance with the Agreement and whether it will approve annexation of the Property. Simultaneously with the termination of this Agreement, Town and Owner agree that Town may, in its sole discretion, initiate annexation proceedings for the Property(the "Annexation"). OWNER HEREBY RELEASES TOWN, ITS COUNCIL MEMBERS. OFFICERS. AGENTS. REPRESENTATIVES AND EMPLOYEES.FROM AND AGAINST.AND WAIVES ANY AND ALL RIGHTS TO. ANY AND ALL CLAIMS AND/OR OBJECTIONS. IT/THEY MAY HAVE WITH REGARD TO THE ANNEXATION AS DESCRIBED IN THIS PARAGRAPH. 4. Water and Sewer Service. Following annexation of the Property by Town, Town agrees to provide sanitary sewer service for the Property in the same manner and in accordance to the same regulations as any development in Town and in accordance with the annexation service plan. Town agrees to provide water service for the Property in the same manner and in accordance to the same schedule as any development in Town if it can lawfully do so.Upon being requested to do so by Town, Owner agrees to execute and convey an easement to Town, at no cost to Town, on that portion of the Property reasonably needed by Town,in Town's sole discretion,to be used as a utility easement for water and sewer service, free from any liens or other encumbrances, for the construction and/or extension of water or sewer facilities. The location of said easement(s)shall be determined by Town and approved by Owner, which approval may not be unreasonably withheld, delayed, denied or conditioned and shall be materially in the same form as Exhibit "B", attached hereto and incorporated herein for all purposes,and shall contain legal descriptions and diagrams of the easement. 5. Impact Fees. The Property shall be subject to impact fees adopted by Ordinance No. 06-91, as it exists or may be amended. 6. Other Development Fees. Town ordinances covering property taxes,park dedication and/or payment in lieu of dedication of land,utility rates,permit fees and the like are not affected by this Agreement and shall be applied to the Property in the same manner as any other Property located within Town's corporate boundaries. Further this Agreement does not waive or limit any of the obligations of Owners to Town under any other ordinance, whether now existing or in the future arising. 7. Term. This Agreement is an agreement authorized by Section 212.172 of the Texas Local Government Code. The term of this Agreement shall be five(5)years from the effective date. Annexation Agreement Page 2 MSL101408Heamann The term of this Agreement shall not be affected by the fact that some or all of the Property is annexed into the corporate limits of Town. 8. Default. If any party breaches any of the terms of this Agreement, then that party shall be in default ("Defaulting Party") of this Agreement ("Event of Default"). If an Event of Default occurs,the non-defaulting party shall give the Defaulting Party written notice of such Event of Default, and if the Defaulting Party has not cured such Event of Default within thirty(30)days of said written notice,this Agreement is breached. Each party is entitled to all remedies available to it at law or in equity. 9. Notice. Any notice required or permitted to be delivered hereunder shall be deemed to be delivered,whether or not actually received,when deposited in the United States Mail,postage pre-paid,certified mail,return receipt requested,addressed to either party,as the case may be,at the addresses contained below: Town: Town of Prosper P.O. Box 307 Prosper, Texas Attn: Town Manager With copy to: Rebecca Brewer Abernathy, Roeder, Boyd and Joplin, P.C. 1700 Redbud Blvd. Suite 300 P.O. Box 1210 McKinney, TX 75070-1210 Owner: Raymond and Mary Herrmann 8505 Country Creek Lane Prosper TX 75078 10. Miscellaneous. (a) Assip-nment. This Agreement is assignable. If all or any portion of the Property is transferred, sold or conveyed, the Owner shall give notice immediately to Town of the name, address,phone number and contact person of the person or entity acquiring an interest in the Property. This Agreement shall run with the land and shall be binding on and inure to the benefit of the Owners' successors and assigns. (b) Compliance with Ordinances. Except as provided for in this Agreement,the parties agree that the Owners shall be subject to all ordinances of Town. All construction will be in accordance with applicable ordinances and regulations of Town, whether now existing or in the future arising. Annexation Agreement Page 3 MSL101408Herrmann (c) Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the mutual written agreement of the parties hereto. (d) Venue. This Agreement shall be construed in accordance with the laws of the State of Texas and shall be performable in Collin County,Texas. Exclusive venue shall be in Collin County, Texas. (e) Consideration. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. (f) Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. (g) Authority to Execute. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. (h) B indin2 Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns. (i) Savings/Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid illegal or unenforceable in any respect,such invalidity, illegality or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid illegal or unenforceable provision had never been contained herein. 0) Representations. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. (k) Sovereign Immunity. The parties agree that Town has not waived its sovereign immunity by entering into and performing their respective obligations under this Agreement. Annexation Agreement Page 4 MSL101408Hernnann (1) Miscellaneous Draftin;?Provisions. This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document (m) Incom_oration of Recitals. The Recitals above are incorporated herein as if repeated verbatim. (n) No Chapter 245 Permit. This Agreement, and any requirement contained in this Agreement, shall not constitute a"permit"as defined in Chapter 245,Texas Local Government Code. THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective on the latest date as reflected by the signatures below. TOW7OFPR P , TEXAS By: Mike Land, Town Manager A M&thew D. Denton, TRMC Town Secretary OWNER: J � r Annexation Agreement Page 5 MSL101408Hemnann STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally appeared Mike Land, Town Manager of Town of Prosper, Texas, being the person whose names are subscribed to the foregoing instrument;he acknowledged to me he is the duly authorized representative for Town of Prosper, Texas, and he executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ' day of �c K C '1 2008. LA & - -- Notary Public in and for the State of Texas EV.{w' My Commission Expires: .icl; 1 STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally appeared �`��'"�''� known to me to be one of the persons whose names are subscribed to the foregoing instrument; he acknowledged to me that he has executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this Z�Jday of o '45,MU C.�rY�V��Y 'i _ , E "cow pAtbuk Notary Public in and for the State of Texas . 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I I a �J1 N /® aw+a'w°awmw 001 XXZ XXl 092 - 1 ® g x wvllrlrm -� � 1P°•°��.A .ror6r-YAwaY,e9N 13 I JaI (( a �(171�II �' •rnyy'n qO i o o'Wp 111 SI ]I3a01L�B1f VN�Wlyl� w rry0`•.pOr7y�ryv11M I IIy1101 N� apV 31391139 M 42135110 y�''OV' aNV ilNly X91311 I +I p1 I LII'ON 1'JY/u35BV -- 1 1 1 .l9/�N115 tJ3'LLfp1Y0{gW�V ITIM 1 0' `r 1 @J�oI.a1G4 63oV13 VWA 1 1 139114 31y193 93 AL3WlOLS3Y1 --i S1N 1 ClYN A) _[UP YA 7'77 - f � 1 I 11 - (190X0J3N19Al0N 1V W) IA aY'� °w- � s -_ X9131389 aT'°VN Ya1p0u 3OY5Z �f- -' - rY^z _ -_ 11�a•� I \\ 7_7 OV Y�N YI 111 IL. I� ❑J • ADDRESS OF AND RETURN TO: � m Raymond F. and Mary B. Herrmann + 5531 Preston Fairways Dr. Dallas, Texas 75252 ch It WARRANTY DEED STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN That we, STEPHEN A. WITT and RAY HERRMANN, hereinafter referred to as Grantor, whether one or more, for and in consideration of the sum of $10.00 cash in hand to Grantor paid by RAYMOND F. HERRMANN and wife, MARY B. HERRMANN, hereinafter referred to as Grantee, whether one or more, the receipt of which is hereby acknowledged, and for other good and valuable consideration, the receipt of which is also hereby acknowledged, HAVE GRANTED, SOLD AND CONVEYED and do by these presents grant, sell and convey unto the said Grantee the following described property, to-wit: SITUATED in the William Butler Survey, Abstract No. 112, in Collin County, Texas, and being part of a 26.83 acre tract of land that was conveyed to ,john Henry Hill in Deed recorded in Clerk's File No. 93-75430 of the Land Records of Collin County, Texas, being more particularly described by metes and bounds, to-wit: BEGINNING at an iron pin found being the Northeast corner of said 26. 83 acre tract; THENCE South 0 deg. 19 min. 56 sec. West with the East line of said tract, 1319.48 feet to an iron pin found; THENCE South 89 deg. 38 min. 41 sec. West with the South line of said tract, 445.3 feet to an iron pin set; THENCE North 0 deg. 34 min. 39 sec. West, 1323. 69 feet to an iron pin set in the North line of said tract; THENCE South 89 deg. 49 min. East with said North line, SPECIAL WARRANTY DEED - Page 1 439.47 feet to the PLACE OF BEGINNING, CONTAINING 13 .415 acres; together with an easement for ingress and egress over and across the following described tract: 50 foot road easement SITUATED in the William Butler Survey, Abstract No. 112, in Collin County, Texas, and being part of a 26.83 acre tract of land that was conveyed to John Henry Hill in Deed recorded in Clerk's File No. 93-75430 of the Land Records of Collin County, Texas, and being part of Lot 33 of Prestonview Estates Phase I, a subdivision to Collin County, Texas, according to the Map recorded in Volume 12, Page 51 of the Map and Plat Records of Collin County, Texas, being more particularly described by metes and bounds, to-wit: BEGINNING at an Iron pin found being the Southeast conrer of Lot 33; THENCE West with the South line of Lot 33, 382 . 04 feet to a point in the East line of Betts Lane; THENCE North with said East line, 50 feet to a point; THENCE East 382. 54 feet to a point in the East line of Lot 33 ; THENCE North 84 deg. 04 min. 45 sec. East, 443. 62 feet to a point; THENCE South 0 deg. 34 min. 39 sec. West at 25 feet an iron pin set, then continuing a total of 50 feet to a point; THENCE South 84 deg. 04 min. 45 sec. West, 443. 62 feet to the PLACE OF BEGINNING. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantee, the Grantee's heirs and assigns forever. And Grantor does hereby bind Grantor, Grantor's heirs, executors, and administrators, to warrant and forever defend all and singular the said premises unto the said Grantee, the Grantee's heirs and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. EXECUTED on the date or dates of the acknowledgments as set SPECIAL WARRANTY DEED - Page 2 forth hereinbelow, to be effective, however, on the day of September, 1994. 7 '5T-EtPHLN A. WIT`.r ACCEPTED BY GRANTEE: RA ND F. HER]RHANN /� az4 sr�x1 NAB Y HERRMANN SPECIAL WARRANTY DEED - Page 3 STATE OF TEXAS COUNTY OF COLLIN This instrument was acknowledged before me on the qU day of September, 1994 by STEPHEN A. WITT. JUDY�CDdRN1AN NOIAAY+d AUGUST 20, W.",, Notary Public in aril for State of Texas STATE OF TEXAS COUNTY OF COLLIN (� This instrument was acknowledged before me on the ! day of September, 1994 by RAY HERRMANN, also known as RAYMOND F. HERRMANN, and wife, MARY B. HERRMANN. JUDY DORMAN ° YYC0�11u16sc`.i�ua"xas AUGUST 20, 19.'G Notary Public in and for State of Texas PREPARED IN THE LAW OFFICE OF: McWilliams & Houser, P.C. 1600-Redbud Boulevard Suite 400 P. O. Box 844 McKinney, Texas 75069 SM/jcd/DEEDS/HERRMANN/09/94 SPECIAL WARRANTY DEED - Page 4 1 i 4 R r M� TOk�N�E Ii�YH�UO/1i0 Co TW ,MDY�NI�1 W4 Mid MMbsMiM gat D M fw iM MwwY CauM1 MUM SEP 0 9 1994 4", C `^-&-,I" Filed for Record in: HONO AF�EEUNEL NTSTARNES On 1994/09/09 At 3:R5P Number: 94- 0083653 5 Type : Di 17.00 I "NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVERS' LICENSE NUMBER." AFTER RECORDING. RETURN TO: Town Manager Town of Prosper P. O. Box 307 Prosper, Texas 75078 UTILITYEASEMENT STATE OF TEXAS KNOW ALL MEN 14 THESE PRESENTS: COUNTY OF That :>::;:. ("Grantor"),whether one or more,for and in consideration of the sum of TEN DOLLARS ($10.00) cash in viand to Grantar:;paid by the TOWN OF PROSPER, TEXAS,a Texas municipal`corporation, ("Grantee'')fhe;receipt and sufficiency of which are hereby acknowledged, do( s'hereby GRANT, SELL AND CONVEY unto Grantee the easement and right to construct, ;r.:econstruct, operaze ,repar re-build, rgpiace, relocate, alter, remove and perpetually maintain sanitary sewer,'water and/or drainage facilities ("Facilities"), together with all incidental improvements,f atnd all necessary laterals:.l.n upon and across certain real property owned by Grantor and located in the Toi vi ,of Prosper,or its extraterritorial jurisdiction, County,Texas, as more particularly depice'ci'on and described in Exhibit "A", attached hereto and incorporated herein for all purposes ("Easement Property"). As part of the grant hereby made, it is agreed between the parties hereto that any stone, earth, gravel or caliche which may be excavated in the opening, construction or maintenance of said channel or sanitary sewer easement may be removed from said premises by Grantee. UTILITY EASEMENT((INSERT LANDOWNER'S NAME])—Page 1 of 8 Exhibit`B" 522616-vI TO HAVE AND TO HOLD the same perpetually unto the Grantee, its successors and assigns,together with the right and privilege at all times to enter the Easement Property,or any part thereof,for the purpose of constructing,reconstructing,operating,repairing,re-building,replacing, relocating, altering, removing and perpetually maintaining the Facilities, and all incidental improvements and for making connections therewith. Grantor does hereby bind itself and its successors toUJARINT AND FOREVER DEFEND all and singular the Easement Property unto Gratz tee its`successors and"ssigns,against every person whomsoever lawfully claiming or to claim� he;<.same or any part thereof,'by, tlu;ough or under Grantor, but not otherwise. Grantee, its successors and gh's shall have f11e._ right to construct, reconstruct and perpetually maintain additional Facilities'at all times-,-- the future:within the Easement Property. If Grantee is unable to'.recess the Easement Property due to. sical barriers or conditions, then the Grantee,its successors andassignsshall have,ald;:are hereby granted,the right of ingress and egress over that"p' rtion of the Cir:.antor''s-adjacent property within fifteen feet(15')ofthe Easement Property as is reasonabl cessary to and for the::luxiited purpose of accessing the Easement Properly herein granted ("Inizress/Eiress Easemeht"). Grantee will at all'ine.S after doing any work in connection with the construction,operation or repair of the Facilities,restore the surface of the Ingress/Egress Easement and Easement Property as close to the condition in which it was found before such work was undertaken as is reasonably practicable, except for trees,shrubs and structures within the Easement Property that were removed as a result of such work. UTILITY EASEMENT((INSERT LANDOWNER'S NAMED—Page 2 of 8 Exhibit`B" 522616-v I There are no liens, attachments, or other encumbrances which will affect the title or right of the Grantor to convey this easement to the Grantee for the purposes as described herein. If such condition does exist, a signature with acknowledgment shall be included and made a part of this document conveying the rights and privileges contained herein. The easement rights and privileges granted herein arq. A-exclusive, but Grantor covenants that Grantor will not convey any other easement or conflicting righ-ts within the area covered by this grant which unreasonably interfere with Grantee;' r ghfs granted herei.fi*d provided all such other grants comply with all applicable local, state'a:nd:federal:laws, ordinances,rules,regulations and/or requirements,as they exist,may be amended or in the`future arising. Grantee will not unreasonably deny a request to encroach on the Easement:.Properiy. Further, Grantor shall not place an tnproveri ent or take ar y"action,permanent or temporary, which may cause da r;age or j eopardize the iniegrity of the,, ilities and/or which will affect and/or interfere, in,aziy,way, the rights granted.herein.``Grantee, may, due to the necessity of repair and maintenace of the Facilities, remove and keep�removed any and all improvements to the extent necessary to make repairs. Grantee willxot be responsible for loss of improvements due to failure or maintenance of the Facilities. This instrument sha'111 3``binding upon, and inure to the benefit of, Grantee and Grantor,and their respective successors or assigns. This instrument may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. [SIGNATURES TO FOLLOW.J UTILITY EASEMENT((INSERT LANDOWNER'S NAME])—Page 3 of 8 Exhibit`B" 522616-v1 EXECUTED on the dates appearing in the acknowledgements below, however, to be effective on this day of , 2008. GRANTOR: AGREED AND ACCEPTED: = TOWN OF PROSPER, TEXAS By: Mike Land, Town Manager UTILITY EASEMENT(fINSERT LANDOWNER'S NAME')—Page 4 of 8 Exhibit"B" 522616-v1 THE STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned authority, on this day personally appeared , known to me to be one of the persons whose names are subscribed to the foregoing instrument and he executed said instrument for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this "'<<day of , 2008. Notary Public in and for the Syfate of.Texas My G:ommis: on Expires: THE STATE OF TEXAS § COUNTY OF BEFORE ME:: the undersigned authority, ` on this day personally appeared known to: e,::to.;be one af;the:persons whose names are subscribed to the foregoing; sfrume .:..and she-'executed sal-d, nstrdnent for the purposes and consideration therein expressed;and in the capacity therein stated. GIVENrUNDER MY�T3AND,ANA SEAL OF OFFICE this day of 2008. Notary Public in and for the State of Texas My Commission Expires: UTILITY EASEMENT((INSERT LANDOWNER'S NAMEII—Page 5 of 8 Exhibit`B" 522616-v1 THE STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME,the undersigned authority,on this day personally appeared Mike Land,Town Manager for and on behalf of the TOWN OF PROSPER, TEXAS, a Texas home-rule municipal corporation;he acknowledged to me he is the duly authorized representative of the Town of Prosper, Texas and that he executed said instrument for the purposes and:;consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL' QF OFFICE this day of , 2008. 1 Natary Public in and for the State ofTexas My Commission Expires: UTILITY EASEMENT((INSERT LANDOWNER'S NAME11—Page 6 of 8 Exhibit`B" 522616-v1 JOINDER OF LIENHOLDER The undersigned, being the holder of the liens against a portion of the Easement Property evidenced by: and subject to all of the terms and conditions and stipulations contained therein, including but not limited to, any future indebtedness also secured by these liens, hereby consents to the execution of the foregoing Utility Easement and agrees that in the event of-T reclosure of the Easement Property or any portion thereof and/or the underlying property or anyp`oion thereof(or deed in lieu thereof), the Utility Easement will remain in full force and effect,and sl%�11 not be extinguished by such foreclosure (or deed in lieu thereof). _- a By: Printed.Name: Its: THE STATE OF TEXAS § .. COUNTY OF § 13 FO 'MEa the undersigned aiitl or ty, on,tliis day personally appeared known t _;rrie to be on&bf the persons whose 'names are subscribed to the foregoing instrument; he/she acknowledged to me helve is `the and duly authorized representative of a ' and he/she executed said instrument for the purposes and consideration::therein expressed an4-:*). the capacity therein stated. GIVEN UNDEE MY HAND AND SEAL OF OFFICE this day of 2008. Notary Public in and for the State of Texas My Commission Expires: UTILITY EASEMENT([INSERT LANDOWNER'S NAME11—Page 7 of 8 Exhibit"S" 522616-v1 E.WIBIT "A " Description and Depiction of Easement Property pages attached) UTILITY EASEMENT((INSERT LANDOWNER'S NAMED,,—Page 8 of 8 Exhibit`B" 522616-v1 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. WARRANTY DEED STATE OF TEXAS § § KNOW ALL;PERSONS HESE PRESENTS: COUNTY OF COLLIN § As used herein, the following terms shall.,-leave`the following meanings: Effective Date: Grantor: Grantor's Mailing Address (including Grantee: Grantee's Mailing Address (including county):'-,., Consideration: 'TE J DOLLARS:;($10.00)ca and other good and valuable consideration, the receipt ald sufficiency hich areaereby acknowledged Property_ cluding any povemets): See Em'Ih bit A attache"ereto and made a part hereof for all purposes. Reservations froma_nd Exceptions to Conveyance and Warranty: The Property conveyed herein is subject to the following: See Exhibit B attached heret©��and made a part hereof for all purposes. (NOTE: if no specific exceptions, use following paragraph instead of sentence above, and an Exhibit B won't be attached) This conveyance is made and accepted subject to any and all conditions and restrictions, if any, relation to the hereinabove described property, to the extent, and only to the extent, that the same may still be in force and effect, shown of record in the office of the County Clerk of County, Texas, and apparent easements. 522635-1 Exhibit"C" i Grantor, for the Consideration and subject to the Reservations from and Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's successors or assigns forever. Grantor hereby binds Grantor and Grantor's successors and assigns to warrant and forever defend all and singular the Property to Grantee and Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the Reservations from and Exceptions to Conveyance and Warranty (NOTE: revise this paragraph if Grantor and/or Grantee is an individual — instead of only "successors or assigns", should read "heirs, executors, administrators, successors or assigns".) -_ (NOTE: the following sentence may need to be revisec : . ;deleted) Current ad valorem taxes on said Property having been prorated, the payment thereof is assumed by Grantee. When the context requires, singular nouns and.;pronouns include the`plrai. By STATE OF TEXAS COUNTY OF,.' O I N This instrument was,,acknow before me on the day of 2006, by of *behalf.-,' said Notary Public - State of Texas PREPARED IN THE OFFICE OF: AFTER RECORDING,RETURN TO: Abernathy, Roeder,Boyd&Joplin,P.C. Insert Grantee's name: 1700 Redbud Boulevard, Suite 300 Insert Grantee's address: McKinney, Texas 75069 EXHIBIT A Legal Description •f•t: EXHIBIT B Exceptions