09-010 - R TOWN OF PROSPER, TEXAS RESOLUTION NO. 09-010
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 STEPHEN AND
}G
i� ARLA WITT.
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
1�
agreement with Stephen and4arla Witt.
SECTION 2: Resolved by affirmative vote of the Town Council on the 29`x' day of
January, 2009.
�iarles Niswanger, Mayor
`0%111111/110
ATTEST: ,®°° (,F PR /*
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m a o
latthew D. Denton, TRMC
Town Secretary
�ei��� TEXAS °°�
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 Annexatio4 Agreement ("Agreement") is made and entered into as of this �'7 day of
an r. � ; ("Effective Date") by and between the Town of Prosper, Texas, ("Town")
and Step he and Karla Witt ("Owner") on the terms and conditions hereinafter set forth.
WHEREAS,Owner owns approximately 13.415 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 Aueement. 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 Pagel
MSL101408Witt
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
MSL10140SWitt
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 ("Defaultin2 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
f
Owner: Stephen and Carla Witt
8515 Country Creek Lane
Prosper TX 75078
10. Miscellaneous.
(a) Assignment. 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
MSL101408Witt
(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) Authoritv 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 indin�z 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 Immunitv. 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
MSL101408Witt
(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) Incomoration 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.
TOWN OF PR E y`TEXAS
By:
Mike La , Town Manager
ATT
r01 atthew D. Denton, TRMC
n Secretary
OWN
i
Annexation Agreement Page 5
MSL101408Witt
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
2009
Notary Public in and for the State of Texas
My Commission Expires:
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 O ICE this day of
;�,,, 4 v�
�R, JAVA C.AIM
y= ►b�aiph+blc, s Nota y Public in anA fc r the State of Texas
Comm 0430-tY - omm"ssion Expi es:
Annexation Agreement Page 6
MSL101408Witt
N
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m
ADDRESS OF AND RETURN TO:
Stephen A. and Karla L. Witt
2230 Trinity Springs
Carrollton, Texas 75006
W 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 STEPHEN A. WITT and wife, KARLA L. WITT, 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 a corner post being the Northwest corner of
said tract;
THENCE South 89 deg. 49 min. East with the North line of
said tract, 440.81 feet to an iron pin set;
THENCE South 0 deg. 34 min. 39 sec. West, 1323. 69 feet to an
iron pin set in the South line of said tract;
THENCE South 89 deg. 38 min. 41 sec. West with said South
line, 440.81 feet to an iron pin found;
THENCE North 0 deg. 34 min. 32 sec. East with the West line
SPECIAL. WARRANTY DEED - Page 1
of said tract, 1327.83 feet to the PLACE OF BEGINNING, CONTAINING
13 .415 acres;
together with an easement for ingress and egress over and across
the following described tracts:
30 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, being more particularly described by metes and bounds,
to-wit:
BEGINNING at an iron pin 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, 30 feet to a point;
THENCE North 89 deg. 49 min. West, 439.6 feet to a point
THENCE North 0 deg. 34 min. 39 sec. East, 30 feet to a point
in the North line of said tract;
THENCE South 89 deg. 49 min. East with said North line,
439.47 feet to the PLACE OF BEGINNING.
Existing road easement
SITUATED in Collin County, Texas, in the William Butler
Survey, Abstract No. 112, and being part of a 80 acre tract
described in a Deed from Leland H. Robinson et ux to Wade W.
Thompson et ux recorded in Volume 556, Page 236 of the Collin
County Deed Records and being more fully described as follows:
COMMENCING at an iron pin found being in the southeast
corner of said tract in the middle of County Road No. 80;
THENCE North 0 deg. 13 min. East with said road, 1322.47
feet to the FIME OF BEGINNING;
THENCE North 89 deg. 59 min. 7 sec. West, 1781. 03 feet to an
iron pin;
THENCE South 0 deg. 16 min. 16 sec. West, 30 feet to a point
for corner;
THENCE South 89 deg. 59 min. 7 sec. East, a distance of
1781.05 feet to a point for corner in the middle of County Road
80;
THENCE North 0 deg. 13 min. East, 30 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
SPECIAL WARRANTY DEED - Page 2
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
forth hereinbelow, to be effective, however, on the q tk day of
September, 1994.
�£ EPHEW A. WITT
pit ,
RAY TOtRRMANN
ACCEPTED BY `PEE:
(--.1c87ZriHM4 A. TTT,
L--" ' E. PITT
SPECIAL WARRANTY DEED - Page 3
t
STATE OF TEXAS
COUNTY OF COLLIN nn
This instrument was acknowledged before me on the q-a day
of September, 1994 by RAY HERRMANN.
JUDY DORMAN C n
NOTARY►VE:we e of T[lUV W�
MV COMM E1VtRCa
�a F AUGUST 20, 1998 Notary ublic i and for State of Texas
STATE OF TEXAS
COUNTY OF COLLIN
This instrument was acknowledged before me on the q day
of September, 1994 by STEPHEN A. WITT and wife, KARLA L. WITT.
JUDY DORMAN
IIOTAAY M1atC STATE O/M"
W ooMM1a}ON E4'Wta
+,• AUGUST 20. �e�a Notary Public irFaAd far State of Texas
PREPARED 'IN THE LAW OFFICE OF:
McWilliams & Houser, P.C.
1600 Redbud Boulevard
Suite 400
P; -O•. ,bx 8 4 4
McKinney, Texas'" 75069
SM/Jcd/DEEDS/WITT/09/94
SPECIAL WARRANTY DEED - Page 4
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Filed for Record in:
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HONORABLE HEUN STARNES
On 1994/09/09
At 3c25F
Number: 94- 0083652
Type s D1 17.00
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ATRIA zl,zWi SHEET N OF]
"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 13 THESE PRESENTS:
COUNTY OF
That ("Grantor"),whetfier one or more,for and in consideration of
the sum of TEN DOLLARS ($10.00) cash I rl"'hand to Grantor::_ ?aid the TOiY1V OFPROSPER,
TEXAS, a Texas municipal corporation, Grantee... hegeceipt acid sufficiency of which are hereby
acknowledged, does`Hereby GRANT, SELL Ap CONVEY unto Grantee the easement and right to
construct,-.;r•.eOdhi§ uct, operate,;:repair; :re.-build, r p ace, relocate, alter, remove and perpetually
y
maintain sanitary sewer,`water arid/ox drainage facilities ("Facilities"), together with all incidental
improvements,_and all necessary laterals ih upon and across certain real property owned by Grantor
and located in the To*q, f Prosper, or its extraterritorial jurisdiction, County,Texas,
as more particularly depict"; &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 NAMED—Page 1 of 8 Exhibit"B"
522616-v I
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,"ARR'ANT AND FOREVER DEFEND
all and singular the Easement Property unto Grantee;its`successors and'as:signs,against every person
whomsoever lawfully claiming or to clain th ........,same or any part thereof A`y tluough or under
Grantor, but not otherwise.
Grantee, its successors `and `a s ghs., shall have the, right to construct, reconstruct and
perpetually maintain additional Facilities" all tim s:.in the future within the Easement Property. If
Grantee is unable io::: ccess the Easement Property due to,;"hysical barriers or conditions, then the
Grantee,its successors an&assig>'s shall have and:.are hereby granted,the right of ingress and egress
over tha 4"lon of the Grantor'S` djacent property within fifteen feet(15')of the Easement Properly
as is reasonabl necessary to and for tF e,1,Wted purpose of accessing the Easement Property herein
granted ("Ingress/E6zss Easement").
Grantee will at all'fines"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-v1
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 arenori-exclusive,but Grantor covenants
that Grantor will not convey any other easement or conflicting rigs within the area covered by this
grant which unreasonably interfere with Grantee's"'ghfs=:=granted here&and provided all such other
grants comply with all applicable local, state' d; ederatlaws, ordinances,rules,regulations and/or
requirements,as they exist,may be amended or in the`:,ff arising. Grantee mill not unreasonably
deny a request to encroach on tFe Ease ment:.Property.
Further, Grantor shall not place ary_mproyennt or take any action,permanent or temporary,
Vj
which may cause dariage or jeopardize the inie`grity of the Facilities and/or which will affect and/or
interfere, in,_any way, the rights;grated herein. `G
r. may, due to the necessity of repair and
maintenance of the Facilities, remove and keep`removed any and all improvements to the extent
necessary to make repairs. Grantee will-riftbe responsible for loss of improvements due to failure or
maintenance of the Facilities.
This instrument slall;be"tbinding 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 FOLL0W.J
UTILITY EASEMENT((INSERT LANDOWNER'S NAMED—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((INSERT LANDOWNER'S NAMED—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 OFFIC t is "'-.day of
2008.
.
•°•Notary Publlc m and for the State of;Texas
My Commis=lion Expires:
THE STATE OF TEXAS §
COUNTY OF
BEFORE "ME the undersigned `authority, on this day personally appeared
kna?v I to: e;:;:lobe one of`,the;-:persons whose names are subscribed to the
foregoinmsheex�cuted-sa'd: ntVfient for the purposes and consideration therein
express...'m" d in the capacity therein stated.
GIVERUNDER MY'4aAN13 ADD SEAL OF OFFICE this day of
2008.
Notary Public in and for the State of Texas
My Commission Expires:
UTILITY EASEMENT MNSERT LANDOWNER'S NAMED—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._;ebnsideration therein expressed and
in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL,":-OF O'UICE this day of
2008.
'Notary Public in and for the State ofTexas
My`Commiss;on Expires:
UTILITY EASEMENT((INSERT LANDOWNER'S NAMED—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,h`reby consents to the execution of
the foregoing Utility Easement and agrees that in the event of foreclosure of the Easement Property
or any portion thereof and/or the underlying property or an3�;porton thereof(or deed in lieu thereof),
the Utility Easement will remain in full force and effect�.and shall not be extinguished by such
foreclosure (or deed in lieu thereof).
a
By:
`Prig te-g Name:
THE STATE OF TEXAS` § -
§
COUNTY OF §
BEFORE 1VIEa the undersi;giledauth:or ty, on:,this day personally appeared
known tome to be one`-.:of the persons whose rises are subscribed to the foregoing instrument; he/she
acknowledged to me he?.-she is "the and duly authorized representative of
a = and he/she executed said instrument for the purposes
and consideratioin:;,therein expressed andJ the capacity therein stated.
GIVEN LTNDER MY HAND AND SEAL OF OFFICE this day of
2008. ==
Notary Public in and for the State of Texas
My Commission Expires:
UTILITY EASEMENT(fINSERT LANDOWNER'S NAMED—Page 7 of 8 Exhibit"B"
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 BI'=;THESE PRESENTS:
COUNTY OF COLLIN _
As used herein, the following terms shall,have'the following meanings:
Effective Date:
Grantor:
Grantor's Mailing Address (including county):`:''-:'':::_;.;..
Grantee: _
Grantee's Mailing Address (including county):F''
Considers_tao �TED..OLLAS .($10.00)cash"and other ood and valuable consideration,ion, the
receipt aiad sufficienc -' which arehereby acknowledged
Proper '( cluding any provemeats):
See E;"t A attached ereto and made a part hereof for all purposes.
Reservations froiW:.d Exceptions to Conveyance and Warranty:
The Property conveyed herein is subject to the following: See Exhibit B
attached hereto'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"CC'
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 he revised...ox.c eleted) Current ad valorem
taxes on said Property having been prorated, the payment thereof is assmed by Grantee.
Ky.
y
When the context requires, singular nouns and.,pronouns include t -1,ral.
By
= = .»
ff
STATE OF TEXAS
COUNTY Of-COLLIN
T liis instrumenf was;acknovedged before me on the day of 2006, by
of
behalf of 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
PY
i
I
i
1
EXHIBIT B
Exceptions
•�Z3