09-011 - R TOWN OF PROSPER, TEXAS RESOLUTION NO. 09-011
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 SCOTT AND
JANIS MAYS.
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 Scott and Janis Mays.
SECTION 2: Resolved by affirmative vote of the Town Council on the 29th day of
January, 2009.
ads Niswanger, Mayor
ATTEST: ��®�
�NNS4 OF PA
ytthew D. Denton,TRMC a ,y
Town Secretary
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 ("Aueement") is made and entered into as of thisc2--�day of
2009, ("Effective Date")by and between the Town of Prosper, Texas, ("Town")
and Scott &Janis Mays ("Owner") on the terms and conditions hereinafter set forth.
WHEREAS, Owner owns approximately 10 acres, more or less, situated in the John R.
Tunny Survey, Abstract No. 916, 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 Pagel
MSL101408Mays
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. Simultaneouslv with the termination of this agreement, Town and Owner agree that
Town mav, in its sole discretion, initiate annexation proceedings for the Propertv (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. Said easement 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. Right-of-Wav Dedication for Preston Rd,SH 289., Upon being requested to do so by
Town,Owner agrees to dedicate to Town,at no cost to Town,that portion of the Property reasonably
needed by Town, in Town's sole discretion,to be used as right-of-way for Preston Rd, SH 289,free
from any liens or other encumbrances,for the construction and/or expansion of Preston Rd, SH 289
("ROW Propertv"). Said right-of-way dedication shall be by warranty deed materially in the same
form as Exhibit"C",attached hereto and incorporated herein for all purposes,and shall contain legal
descriptions and diagrams of the right-of-way dedication.
6. Impact Fees. The Property shall be subject to impact fees adopted by Ordinance No.
06-91, as it exists or may be amended.
7. 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
Annexation Agreement Page 2
MSL10140SMays
obligations of Owners to Town under any other ordinance, whether now existing or in the future
arising.
8. 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.
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.
9. 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.
10. 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 &Joplin, P.C.
1700 Redbud Blvd.
Suite 300
P.O. Box 1210
McKinney, TX 75070-1210
Owner: Scott & Janis Mays
PO Box 400
Frisco TX 75034
11. 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.
Annexation Agreement Page 3
MSLI01408Mays
(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.
(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 indine 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
MSL101408Mays
(1) Miscellaneous Draftiwz 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) Incorporation 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 PROSPER, TF S
By: ;! /
Mike L nd, ' own Manager
AT
'Matthew D. Denton, TRMC
Town Secretary
`OWNER:
Annexation Agreement Page 5
MSL101408Mays
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 J' day of
N 2009.
:, Notary Public in and for the State of Texas
`T My Commission Expires:
e.
STATE OF TEXAS §
COUNTY OF COLLIN § yy��
BEFORE ME, the undersigned authority, on this day personally appeared Dc Sc-09V �d1 S
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 f tY day of
/V O r/,p,�vi ��, 2008.
V
Notary Public a and for the State of Texas
My Commission Expires:
.icnExpires
`ate 08118,2009
Annexation Agreement Page 6
MSL101408Mays
5 EnaT A
MMG A a.-AYE MALI OF LVN InCARO x RE AMH R RA1RY 91RKT.AMSM.1 x0 S1,
PDYY.U—CMNtt RMS AND__M A tA1Lm SO ACM,NAM a LARD DESta® --
IaH M ArnrtM C AAXVSt�Rt.AMRMA I JAM,MCMR�M MAO ED.IAM III
YEn Y,7S WIJM mNNtt, a eExD NL a DE R.—a MAI ME DEwmm M—
troDUxn J awsH,xun,It—..I Ixzp YAMTU..Mm RMMEE MUM -
I I .hY.AS,MARS All M AT EAR MAT a Lp10 LESEMBm x Dun ro LAUTY J MIDDFfANIfR, I-
MeM a Ix—E`Dun MCd105.CLAN[MMtt,RYAS eExc ALL a MAr C—. -- -
WID MSCAMFO M DTUD ro LAraY J R MITIOU T MCMMD II I-AEM!W -
eUSibSWOSU9XIB Mm MC0.m5.oath OMMl1'.RYES.FEND ut a MACr DIE As oE9MIBEn x
° O®To r x ASMrAANtn,nfc9mEp Ix oonMYr xp.MS-DOSmM.Mm nECMOS.ca,JM
- ucr .Ntt.RlsS.MMG ALL a MALI 11N AS DES_x WEO 10IARRY J�xxMiARUM.MCOAOEO
A OR ,W RS-OSt"IIM,Dun—1,IMUN 1M RYAS,AND a IT RUT
�' DESCMMO M OER DE I R A YS AND R..R10—M NAUNE 5510. 1
2 P RA6>,DEED MOWS, lM ..RYAS AID BDM NOAEUPAAMRUALY MSCxMD AS
p O/(/ IA.A —-
TOtEO�O EENO \ N e — _ ( J II Max OF A�o SIMEED.R cT I a w AaE JrxuU CAC!AND A ", le me ME-11�;O y OMICY M Dun to PEM AlEE MAX TUE N x WLUNE MIE PAGE LED ep�
DRIVE _ _ e aP°f� _ �W /JI- / /2 / Pf_t R X DES RYAS,SAID TTE ALm G MF xDR11IMtr colMEll a A CALLED... ]SD
T— ' `\ ^ / a RI TAUR Ix Y TE ro t..MMt111Exrs,Mcogpm w Wu1E 6w1.PAM
J_ y ID / �Y�h (p¢) A,DF(0 MCO D pww u Nn,Ru Vicinity Ma
A f In e l RUT,A"p":XD4�II.:S`,I'RR!u'�`POwi mR��SAO n�wE`�`wEn"`Lrr a so 1JGMevie:aE NI s. p
I A F MALT AND SAID AESINWM OF RUT ME EMEM ADUEN MALI.
M
D CM MMI NF.f'X IDER ALMG DE MUM ME a SO BNNaRNtlIM MAC!AW SAID tNtlSSE
�` / / AD a r '4 » -•S d1. a AM Ear ro A PHxr Ar nrE taxNwJ camEP a xw 16618 AoLC clwlsrlE
.ci AxD sAp De61 AM exoMEARXM MAmI
.1� DFM£lax xNHx'Qr,MMC MEUM NIE a 1.D R1 AYE xpC9AUAA RAM.MO
n sM N MM I I A DATIAM a 1MIa RR TO A—1 PM cGrtrtR,
�JN Tnxa KIM AEDH09 INK c MUND MDW DE CMNM ME Y SAID OUT AME.—AD-
f nucr °��/ eMPUeAAO� AM)E 16618 A9E BERM MAO,A METANLE a WO MY W A PONT M DE MUM
°�' a SW 16 xe AOM MR O M Mp PRESTO LAMES,M A E,PA M DUE IL T Y RROMPM,
MA CdaM.RIDS.ACCRMIG 10 ME NAY MCWEO M CAaMi 4 PAM 155.PUT MORNS.
\ MCI Witt,Z"SAN 0 use D MC T.tmuuMl-.a SO IIF AME MOaEAMJm
�` _ M AXD SAN MALI'MATE ePp(iMUFi TRAM.
nDMY N0EI1 M921w RAST—1 RE CROW ME OF SAID PRmIM Lu4S M0 SAID RUT ME
() aPARNDL MALI.A IS. O It.0i MY M A..I rM mRm,
LI wOeFB emu .Q.
1' .x Prl 1RACi EM[ePoO 'Cr ipors*AH¢a 1nM EFEr mN Pmli FG mnS IMFS AMO SO
uvw Purr MA MIKE OTAX IMADFUNRY MA'CI A USTANa a Lp ME OF PONT Im ORION 5 NN SO A °OL R+ecr ranw.cr An.Ie
RUT
UME ADDER_wEAUT iIRWO ALA.DE MUM.1 M SAID III—IS AID SO IC 0 50 100 2C
,A MNa a.1.PFEI 10 A—r EM CMM[R 1,nM
MMM—le1Y!'FAIT.CMMUMG AML DR LMMaN UIlE a SAO III—LANES Abp 1. 10011
M MR ORO ARAM MACE A Orsrxta OF MUa aP!TO A.Mx1 rY ORMe
THEME MIUM
RUT III OPOP ER�'II,I E Si1MAMC 137.MrMm ME A IDMI SW EOI[oM1ER, fs AR SAID
OI.ccE .r kl RUT ME tMe1T^FAST,C W PAD K R DE UM HO TO RU SAN WESIMI U T E sN0
A04 A AU eR MACY AU SO L CAM AU TUR OM tpuNM xMw cE OF a SAID T Ta UE
S I I CAMP aR MORSTOA tARESMAWtT SAm RUT TR PAAp AREDMM- fui N pE CMUM
1 1 war P9O °N°D P.ercT. /1 > AIp1C xa.uMN nE caMW LxE a sAp MACr nD eRIDtEruwMl MACr AAn
iy s AxM a Iss 1EEr rD mE mwAM sW1N=a SAID mACr M
�x MA i AND SNO PMESYM TAMS SAW PHxr ALSO MDOI N DM RMM ME WSW
eUNIDED a UT ME RNDMr_,aA' I �T"
1 YO` PASCf. m 1 Y Mxlx OOTAY EAR,MDW RE CuNW NNE a 11 REUARDY a MACY ME
BAiotETARNEA RUT AND SAN sTW LMFS ANp PASVIN DE cMUM xW1N caM[R a SAID I Wl I LM,pA I PMMpM
1 1 Mu M YRU ��WEUA=MACU-SAID S CAM A MsrRXCF a IMMA MY TO
cMYM EASY CM 5 YOx AW uutt MAC I,SNO P.,-0 RANG x I M I III 165YS9a6w
—ME Y PRIUM
A
OFT.r OF M PE I ID TOM CEpM.WORMi1EE M SW NO�An mucl,AND SW PXESIM ROAD. I u I IR.- NAM`__
A Drs Max Al M,,srr 4
1 1 DRraR
OF Ru�ED AM AMEMMACY I TARO f`UMMM°ASN1 UT DAi M RED TO DA,MNM� � us � �
INXNrop caRMO lx OF O51pe�EPAaMSTE RED MAID A COIN[MIA RXAS T LA DEMAND CHUM
Ib NT.19 N22'b'SA4
MMGINNINfR —— — DEEroGl1xG 5 MACr AID A MJIR 2M AM MALI a LAW Om9AeEn M I Us 50.M I Mt9'14'LbE
M MMSMERI I MCast"fD M `M Am 2ACe45NOMANRO.DEED I"A rnUx
tt RYAS,N.9'50A AGAM DE MUM L XMM O N D a SAIO G AEDCDMEMO A N MIHNSMAaEM15 ' LT I'21H I ICB`4T 584
Ci NID A vAIC 25o AYE MALT 9 UND CSC—M OF 1 lD pM G OID J
N BmmOMR T-S M S.11 l Xo 5 MTH Mc9NS CIT.CWXtt,RS II �x 1NN8`SF�E
FM A OEA Hsi-axxVA MET N DE CuuM xYM[MASH a 8Aro 210 ME 2 MDUN MAC!AND 9AID 5M YF JA E MAC! I M I m_I B'M•5F52£
=7 so m M r APYimAN X MO MI p]MINEaMUM SOJM N91°[R AM 2ZSD Sits O �Lw�tlOwt'I YC 0H 9JE
Peeer MAOCi ANO ACRE 11WSE M M M0 I""Y MNG x M NMM 1ME a A I M I RASA I fRll'A90pYl
CM lRACr Y LU.PAM 1,IN 0® Y,MUM EMU AITE MF,M1MA AY
GANrM.RcYRD x xauxF 1eW.PAM m,pun Mc9ros,cMU11 cauxtt,RYAS.
t DFHM MUM DIMTM'm.AMG ft MUM ME a SO 2SE2 AME HHIIN MALT AUD SAM
SO SO E 0& MMSWEITS RUT, 0 MxDMI C ORA SO REOWE OF Ax IM Ear TO
M vdxT a IEGMMD ARm CMINMNO DINER SWME.1 M aAN AYES a UW
S RAPS a ME xGS GERM MUM TUE SW U ME a PMSTM UM U
S.KIMPOR IR MMT 0,'AM
} IR PLAT s,OW TEXAS
A N N E X A T I O N E X H I B I T 'A'
EXHIBIT A
MM A 21.441 ME AWlla TO THE IM OF PNOS%Cali CUM,IOM
AND WK A PMT OF
ODIUM COUNTY Sales LYx IM,AdMACI ML 147
THIS DOCUMENT,PREPARED UNDER 22 TAG 663.21,DOES NOT
REFLECT THE RESULTS Of AN ON THE GROUND SURVEY,AND IS E.�f+ =r/A°.,c E¢g peer/Sarvev,•r
NOT TO BE USED TO CONVEY OR ESTABLISH INTEREST IN REAL i°.re OEP eeL°..d,
a .a.prr,Tva. 730 Pan DIN MI.sat.n0
8 PROPERTY EXCEPT TO RIGHTS AND INTEREST REST IN OR a nI E,p
ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE .. .ION ° SOZe —' nu z...
BOUNDARY OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS %��,� ..NISITT MA6-M6u2 T cq,m.111.22-Don
PREPARED, mLxL 4o1L OaneN
I.1_. AP.T 21.U. SHEET 1 OP 1
%312f pct(=,lyirvita2�- (p
"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
UTILITY EASEMENT
STATE OF TEXAS
KNOW ALL MEN B _THES.E PRESENTS:
COUNTY OF
That ("Grantor"),wll er orie or more,for and in consideration of
the sum of TEN DOLLARS ($10.00) cash iri'. and to Grantor:;paid by the TOWN OF PROSPER,
TEXAS, a Texas mu nic al'coworation, ("Grantee'')flre.receipt 4iid sufficiency of which are hereby
acknowledged,doe i s-liereby GRAl , SELL AND CONVEY unto Grantee the easement and right to
construct, _r.:econsttuct, operate .repair >;r ,-build, reps"ace, relocate, alter, remove and e etuall
P y
maintain sanitary sewer, water arid�,or drainage facilities ("Facilities"), together with all incidental
improvements,and all necessary lateralsri,upon and across certain real property owned by Grantor
and located in the Town„of Prosper, or its extraterritorial jurisdiction, County,Texas,
as more particularly depicted 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-v1
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 to-UJARRNT AND FOREVER DEFEND
all and singular the Easement Property unto Grantee';its successors and assigns,against every person
- •'.54.
whomsoever lawfully claiming or to clairn'th ;aame or any part thereof,'by, tlu;ough or under
Grantor, but not otherwise.
Grantee, its successors and `assign's; shall have the.. right to construct, reconstruct and
perpetually maintain additional Facilities`at.all time's. n.the future;:vthin the Easement Property. If
Grantee is unable toccess the Easement Property due to;physical barriers or conditions, then the
Grantee,its successors an&assigns shall have,a1 Ap; hereby granted,the right of ingress and egress
over that portion of the Gr:..antor's:adj acent property within fifteen feet(15')of the Easement Property
as is reasonably_necessary to and for the.4 ted purpose of accessing the Easement Property herein
granted ("Ingress/Eess Easement").
Grantee will at all'time-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-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 here'n areznori-exclusive, but Grantor covenants
that Grantor will not convey any other easement or conflicting rights within the area covered by this
grant which unreasonably interfere with Granteq;i ht"" anted hereiri�W provided all such other
grants comply with all applicable local, state`arid;federaHaws, ordinances,ru bsa regulations and/or
requirements,as they exist,may be amended or in the°fate`arising. Grantee Will not unreasonably
deny a request to encroach on tfie Easement;;Property.
Further, Grantor,shall.not place ar y unprovca:ent or take W"action,permanent or temporary,
which may cause da r age or j eopwize the integrity of the:Facilities and/or which will affect and/or
interfere, in:any..way, the rghts;gral3ted,herein. f'qr.:antee, 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 re pairs. Graptee will of be responsible for loss of improvements due to failure or
maintenance of the Facilities.
This instrument sl al :be`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 FOLL0W.J
UTILITY EASEMENT{INSERT LANDOWNER'S NAMEII—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 f rINSERT LANDOWNER'S NAME11—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 OFFI this ;day of ,
2008.
.>'Notary Public in and for the State of..',, exas
My Commis=lion Expires:
THE STATE OF TEXAS §
COUNTY OF
BEFORE ME ;,the udersigned authority, ' on this day personally appeared
known to b :to be one of th_6;.persons whose names are subscribed to the
forego she ecuted sa d;nstru ent for the purposes and consideration therein
express0 �pd in the capacity therein stated.
GIVEI <UNDER MY-HAND A T .SEAL OF OFFICE this day of
2008.
Notary Public in and for the State of Texas
My Commission Expires:
UTILITY EASEMENT ffINSERT 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 ofthe Town of Prosper,
Texas and that he executed said instrument for the purposes and;c_h sideration therein expressed and
in the capacity therein stated. _=_
GIVEN UNDER MY HAND AND SEAL,", QF ROTzFICE this day of
, 2008.
<'Notary Public in and for the State of Texas
My' ommi scion Expires:
UTILITY EASEMENT((INSERT LANDOWNER'S NAME'.)—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,.hisrpby consents to the execution of
the foregoing Utility Easement and agrees that in the event of-foredo ure of the Easement Property
or an portion thereof and/or the underlying roe or at��,. b—i t on thereof or deed in lieu thereof),
Y p Y g p P rtY .._3'3� �� ( fl,
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:
nib? Name:
Its.=
THE STATE OF TEXAS
COUNTY OF §
BEEORE`ME,the undersig ied`author,ty, orl-;;this day personally appeared
known to_ e to be ond`bf the persons whose r es are subscribed to the foregoing instrument; he/she
acknowledged to me he/she is °t he and duly authorized representative of
a , and he/she executed said instrument for the purposes
and consideration:therein expressed and;.the capacity therein stated.
GIVEN UNDER,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 NAMEI).—Page 7 of 8 Exhibit`B"
522616-v1
E..WIBIT "A "
Description and Depiction of Easement Property
( pages attached)
UTILITY EASEMENT([INSERT LANDOWNER'S NAME])—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,..;P_ERSONS By E 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):
ra. "on `'` E `•I7:OLLA :-:$10.00, cash and other good and valuable consideration, the
Conside th ..(_. )
receipt aid sufficiency :which are:hereby acknowledged
_ -
Proper`y( cluding any provemeats):
See EXhxbit A attacheliereto and made a part hereof for all purposes.
Reservations froi%: nd Exceptions to Conveyance and Warranty:
The Property conveyed herein is subject to the following: See Exhibit B
attached hereto" d 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"
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 revised,o deleted) Current ad valorem
taxes on said Property having been prorated, the payment thereof is asstimed by Grantee.
When the context requires, singular nouns andpronours include the`plral.
B. . -
t
STATE OF TEXAS =
COUNTY Opt ,IN
This instrument as;;acknovledged.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
EXHIBIT B
Exceptions
_ •i11'
1�