09-012 - R TOWN OF PROSPER,TEXAS RESOLUTION NO. 09-012
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 LARRY
BRIDGEFARMER.
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 Larry Bridgefarmer.
SECTION 2: Resolved by affirmative vote of the Town Council on the 29'h day of
January, 2009.
ararles Danger, Ma
ATTEST:
r
lz W••
'Dhatthew D. Denton, TRMC
Town Secretary °
® •o u �
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 ("A1reement") is made and entered into as of thist�day of
�/��GtA� f , 2008, ("Effective Date") by and between the Town of Prosper, Texas, ("Town")
and Larry Bridgefarmer("Owner") on the terms and conditions hereinafter set forth.
WHEREAS,Owner owns approximately 6.4262 acres,more or less,situated in the John R.
Turn Survey, Abstract A0916, Collin County, Texas, which is more particularly described in
Exhibit "A", attached hereto and incorporated herein for all purposes ("Provertv"); 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 Subiect 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
MSL 101408Bridgefarmer
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 ajaree that Town
i ,
may, in its sole discretion, initiate annexation *)roceedinv-s 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. Followin g 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. 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.
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.
Annexation Agreement Page 2
MS1,10140813ridgefarmer
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 & Joplin, P.C.
1700 Redbud Blvd.
Suite 300
P.O. Box 1210
McKinney, TX 75070-1210
Owner: Larry J. Bridgefarmer
PO Box 698
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
M S L 101408 B ridgefarmer Pi
(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) Binding 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) Saviniis/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.
(1) Miscellaneous Draftinsz 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
Annexation Agreement Page 4
M S L 101408 Bridgefarmer WF�l
i
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 PROSPE ,,:TEXAS
By:
�,�-- Mike anL i, Town Manager
ATT
Vtthew D. Denton, TRMC
Town Secretary
OWNER:
Annexation Agreement Page 5
MSL 101408 Bridgefarmer
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
200
tit" vs f'�'I✓l��,+ :� �V NJ �
Notary Public in and for the State of Texas
rimissi�n Ex„fr_�s
;�r,„��< �,;�, „ 7�. 2. My Commission Expires:
STATE OF TEXAS §
COUNTY OF COLLIN §
BEFORE ME, the undersigned authority, on this day personally PP a eared ✓1/j
known to me to be one of the persons whose names are subscribed to the foregoing ins{rument; 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 l `day of
2008.
?� °`'Y..'"` BRANDI Tl1RNER Notary� —
y Public in and for the State of Texas
MY COMMISSION EXPIRES
My Commission Expires:
NOVEMBER 17,2010
Annexation Agreement Page 6
MISL 101408Bridgefarmer
Exhibit"A"
Description and Depiction of Property
Annexation Agreement Page 7
MSL 101408Bridgefarmer
EXHIBIT A
ANNEXATION
LEGAL DESCRIPTION
BEING A 6.456 ACRE TRACT OF LAND LOCATED IN THE JOHN R. TUNNEY SURVEY, ABSTRACT NO. 916, TOWN
OF PROSPER, COLLIN COUNTY, TEXAS AND BEING ALL OF THE REMAINDER OF TRACT ONE DESCRIBED IN DEED
TO LARRY J. BRIDGEFARMER, RECORDED IN DOCUMENT NO. 1992062300041492, DEED RECORDS, COLLIN
COUNTY, TEXAS, BEING ALL OF THAT SAME TRACT OF LAND DESCRIBED IN DEED TO LARRY J. BRIDGEFARMER,
RECORDED IN VOLUME 92-0041491, DEED RECORDS, COLLIN COUNTY, TEXAS, BEING ALL OF THE CALLED
0.861 ACRE TRACT OF LAND DESCRIBED IN DEED TO LARRY J. BRIDGEFARMER, RECORDED IN DOCUMENT NO.
95-0084392, DEED RECORDS, COLLIN COUNTY, TEXAS, BEING ALL OF TRACT ONE AS DESCRIBED IN DEED TO
LARRY J. BRIDGEFARMER, RECORDED IN DOCUMENT NO. 95-0051789, DEED RECORDS, COLLIN COUNTY, TEXAS,
BEING ALL OF TRACT TWO AS DESCRIBED IN DEED TO LARRY J. BRIDGEFARMER, RECORDED IN DOCUMENT NO.
95-0051789, DEED RECORDS, COLLIN COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID REMAINDER OF TRACT ONE BRIDGEFARMER TRACT AND THE
NORTHWEST CORNER OF A CALLED 5.00 ACRE TRACT OF LAND DESCRIBED IN DEED TO MATTHEW G. JAKUSZ
AND WIFE, BARBARA J. JAKUSZ, RECORDED IN VOLUME 6023, PAGE 782, DEED RECORDS, COLLIN COUNTY,
TEXAS AND IN THE EAST LINE OF A CALLED 16.618 ACRE TRACT OF LAND DESCRIBED IN DEED TO DAN
CHRISTIE, RECORDED IN VOLUME 1035, PAGE 47, DEED RECORDS, COLLIN COUNTY, TEXAS;
THENCE NORTH 0006'44" EAST, ALONG THE COMMON LINE OF SAID CHRISTIE TRACT AND SAID REMAINDER
OF TRACT ONE BRIDGEFARMER TRACT, A DISTANCE OF 251.63 FEET TO A POINT FOR CORNER IN A
NORTHEASTERLY CORNER OF SAID 16.618 ACRE CHRISTIE TRACT AND IN THE WEST LINE OF SAID REMAINDER
OF TRACT ONE BRIDGEFARMER TRACT;
THENCE SOUTH 81'39'29" WEST, ALONG THE COMMON LINE OF SAID BRIDGEFARMER TRACT AND SAID 16.618
ACRE CHRISTIE TRACT, A DISTANCE OF 122.42 FEET TO A POINT AT THE COMMON CORNER OF SAID 16.618
ACRE CHRISTIE TRACT AND SAID 0.861 ACRE BRIDGEFARMER TRACT;
THENCE NORTH 4100'00" WEST, ALONG THE COMMON LINE OF SAID 0.861 ACRE BRIDGEFARMER TRACT AND
SAID 16.618 ACRE CHRISTIE TRACT, A DISTANCE OF 156.06 FEET TO A POINT FOR CORNER;
THENCE NORTH 4900'00" EAST, CONTINUING ALONG THE COMMON LINE OF SAID 0.861 ACRE BRIDGEFARMER
TRACT AND SAID 16.618 ACRE CHRISTIE TRACT, A DISTANCE OF 189.00 FEET TO A POINT IN THE COMMON
LINE OF SAID 16.618 ACRE CHRISTIE TRACT AND PRESTON LAKES, AN ADDITION TO THE TOWN OF PROSPER,
COLLIN COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET 0, PAGE 135, PLAT RECORDS,
COLLIN COUNTY, TEXAS, SAID POINT ALSO BEING THE COMMON CORNER OF SAID 0.861 ACRE BRIDGEFARMER
TRACT AND SAID TRACT ONE BRIDGEFARMER TRACT;
THENCE NORTH 6937'00" EAST, ALONG THE COMMON LINE OF SAID PRESTON LAKES AND SAID TRACT ONE
BRIDGEFARMER TRACT, A DISTANCE OF 91.32 FEET TO A POINT FOR CORNER;
SHEET 1 OF 4
THIS DOCUMENT, PREPARED UNDER 22 TAC 663.21, DOES NOT
REFLECT THE RESULTS OF AN ON THE GROUND SURVEY, AND IS LENARD V. WALL, R.P.L.S. 5249
NOT TO BE USED TO CONVEY OR ESTABLISH INTEREST IN REAL
PROPERTY EXCEPT THOSE RIGHTS AND INTEREST SUPPLIED OR
ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE 0 F T
BOUNDARY OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS �P \ S T fR (�
PREPARED. F
p 4-=NE-ERSNs TOWN OF PROSPER ; ALL
730 E.Park Blvd.,Suite 210 Plana,n. 75074 EXHIBIT 'A' 5249 �-
(972) 422-0077 Fax (972) 422-0075
DRAWN BY I CHECKED BY I SCALE I DATE I joB No. BRIDGEFARMER TRACT 9tio s u R'�
RKM LVW I N.T.S. 11/22/09108-0101 6.456 ACRES
p.wrq Gi20..lOBb10&Otopf �E.MNS`dW`LBA1O4u dM Ba.ed WY �Tyr 1ltIlAL9 132i21IM pb by BM fttO 1/ITl 805AM
THENCE NORTH 2238'34" EAST, CONTINUING ALONG THE COMMON LINE OF SAID PRESTON LAKES AND SAID
TRACT ONE BRIDGEFARMER TRACT, A DISTANCE OF 147.19 FEET TO A POINT FOR CORNER;
THENCE NORTH 2914'00" EAST, CONTINUING ALONG THE COMMON LINE OF SAID PRESTON LAKES AND SAID
TRACT ONE BRIDGEFARMER TRACT, A DISTANCE OF 30.40 FEET TO A POINT FOR CORNER;
THENCE NORTH 5941'54' EAST, CONTINUING ALONG THE COMMON LINE OF SAID PRESTON LAKES AND SAID
TRACT ONE BRIDGEFARMER TRACT, A DISTANCE OF 73.16 FEET TO A POINT FOR CORNER;
THENCE NORTH 85'54'05" EAST, CONTINUING ALONG THE COMMON LINE OF SAID PRESTON LAKES AND SAID
TRACT ONE BRIDGEFARMER TRACT, A DISTANCE OF 20.32 FEET TO A POINT FOR CORNER;
THENCE SOUTH 7434'32" EAST, CONTINUING ALONG THE COMMON LINE OF SAID PRESTON LAKES AND SAID
TRACT ONE BRIDGEFARMER TRACT, A DISTANCE OF 137.05 FEET TO A POINT FOR CORNER;
THENCE SOUTH 59'06'37" EAST, CONTINUING ALONG THE COMMON LINE OF SAID PRESTON LAKES AND SAID
TRACT ONE BRIDGEFARMER TRACT AND PASSING THE COMMON NORTH CORNER OF SAID TRACT ONE
BRIDGEFARMER TRACT AND SAID BRIDGEFARMER TRACT, A DISTANCE OF 150.41 FEET TO THE COMMON
CORNER OF SAID PRESTON LAKES AND SAID TRACT TWO BRIDGEFARMER TRACT;
THENCE SOUTH 29 40'00" WEST, ALONG THE COMMON LINE OF SAID TRACT TWO BRIDGEFARMER TRACT AND
SAID PRESTON LAKES, A DISTANCE OF 159.30 FEET TO THE COMMON SOUTH CORNER OF SAID TRACT TWO
BRIDGEFARMER TRACT AND SAID PRESTON LAKES, SAID POINT ALSO BEING IN THE NORTH LINE OF SAID
REMAINDER OF TRACT ONE BRIDGEFARMER TRACT;
THENCE SOUTH 85'03'43" EAST, ALONG THE COMMON LINE OF SAID REMAINDER OF TRACT ONE
BRIDGEFARMER TRACT AND SAID PRESTON LAKES TO THE COMMON CORNER OF SAID REMAINDER OF TRACT
ONE BRIDGEFARMER TRACT AND A TRACT OF LAND DESCRIBED IN DEED TO W. SCOTT MAYS AND WIFE, JANIS
H. MAYS, RECORDED IN VOLUME 5510, PAGE 4467, DEED RECORDS, COLLIN COUNTY, TEXAS, FOR A DISTANCE
OF 19.57 FEET TO SAID COMMON CORNER;
THENCE SOUTH 00'33'18" WEST, ALONG THE COMMON LINE OF SAID MAYS TRACT AND SAID REMAINDER
BRIDGEFARMER TRACT, A DISTANCE OF 454.21 FEET TO THE SOUTHWEST CORNER OF SAID MAYS TRACT AND
THE SOUTHEAST CORNER OF SAID OF REMAINDER OF TRACT ONE BRIDGEFARMER TRACT;
THENCE SOUTH 8957'49" WEST, ALONG THE COMMON LINE OF SAID REMAINDER OF TRACT ONE
BRIDGEFARMER TRACT AND SAID 5.00 ACRE JAKUSZ TRACT, FOR A DISTANCE OF 357.61 FEET TO THE POINT
OF BEGINNING AND CONTAINING 281,223 SQUARE FEET OR 6.456 ACRES OF LAND.
BASIS OF BEARINGS DERIVED FROM THE SOUTH LINE OF PRESTON LAKES, RECORDED IN CABINET 0, PAGE
135, PLAT RECORDS, COLLIN COUNTY, TEXAS.
SHEET 2 OF 4
THIS DOCUMENT, PREPARED UNDER 22 TAC 663.21, DOES NOT
REFLECT THE RESULTS OF AN ON THE GROUND SURVEY, AND IS LENARD V. WALL, R.P.L.S. 5249
NOT TO BE USED TO CONVEY OR ESTABLISH INTEREST IN REAL
PROPERTY EXCEPT THOSE RIGHTS AND INTEREST SUPPLIED OR
ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE 0 F
BOUNDARY
PREPARED. OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS P \ 5 T
G
.p `� ���
EN�=NEE�=N� (TOWN OF PROSPER a AL
730 E.Pak Blvd.,Suite 210 Plano,TX. 75074
(972) 422_0077 Fax (972) 422-0075 I EXHIBIT A �-
DRAWN BY I"CM BY SCALE DAXE JM Na I BRIDGEFARMER TRACT
I I I O SUR`I
RKM ( LVW I N.T.S. 11/22/09108-010 1 6.455 ACRES
—Ift O'VOOB.n6s 10P�EdibiMrq`BBg10AmE dq s.vea B/BMur�a1 Sw.IY,�:1/tT/IDW 1d V M Pb DY.BVU PW Die IrW2009806 AM
LS LOT 22.BLOCK D
7 K�3" �C`9 PRESTON LAKES
4f CABINET O.PAGE 135
v � ��J. R.C.Gt.
TOLEDO BEND �r 1�'9 G,� /
1
ise
PRESTON LAKES 6 / / 25
CABINET O.PAGE 135
P.R.C.C.T. TRACT TWO
LARRY J.BRIDGEFAKMER w
} 5 DOC.NO.95-0051769
O / D.R GC.T. /IVY o_U
AC / O O
26� N�itO:
— — L12
U
CALLED 0.861 ACRES / LARRY J.BRIDGEFARMEK /
LARRY J.BKIDGEFARMER DOC.NO.92-0041491 /
DOC.NO.95-0064..'592 D.K.GC.T.
D.K.C.C.T.
<
z N��
/ }_<�
U) 6.456 ACRES z < a u
zIwo=a
L� I �zQu
04
w`z 26, Ids -3
°}r L w
° N2zx
� LLB
NNWNQ3 .-I
REMAINDER OF TRACT ONE � >
w -"Z)o N t LARRY J.BRIDGEFAKMEK
cv w m o w v� w W DOC.NO.1992062300041492
w a o < D.R C.C.T.
ozo�IOm pZ
�NO.ti
z °=z N tQ'U C� JOHN R. TUNNEY SUT?\/EY,
o¢ a m V o I AS5TRAGT NO. a I6
aU)U0LL'L5 o w wp Q
w' orx-wa wpm zI
J J .Q,
I-'www}� ( R
z I
�cnc)mw >
=7wpO -
F-m w o m w 58905749'W N 357.61' SHEET 3 OF 4
0`~'°�J a< CALLED 5.00 ACRES
JF dmZa
i w 0°r °w MATTHEW G.JAKUSZ AND
=afza-wmma
WIFE.BARBARA J.JAKUSZ LENARD V. WALL, R.P.L S. 5249
POINT OF VOLUME 6023.PAGE 782
BEGINNING I D.R.C.C.T. 0 F
Al o
p G NaER Ns ITON OF PROSPER CT A L
3972,422-00 7 Suite F.. (972)X422-0075 l EXHIBIT 'A' Q 5249 DRAWN BY I CHECKED BY I SCALE I DA-M I JM No. i BRIDGEFARMER TRACT
BLM I LVW 11"=100'11/22/09108-010i 6.456 ACRES
Gnwtp G.300E.CBSYI.LtO Pmy.r M.maLm EtliLiWxyd6MNvTapp srr.db BMM Snv TYn t/l32UOp 133:8 NA
PbIMO Cy.BAlugt Pbl O.Ue 1R7/21(19747 AM
Boundary Line Table
Line# I Length Direction
L1 1 122.42' 1 581°39 2.9-W
L2 1156.061 N41°00'00'W
1-3 1189.091 N4T 00'WE
L4 I 91.32' N69°37 WE
L5 I 147.19 I N22°38'WE
L6 1 30.40' I N29°14'00"E
L7 I 73.16 I N59°41'54'E
L8 1 20.32' ( NW 54'05"E
1-9 1 137.05' 574°34'32"E
L10 1 150.41' 1557 06'37E
L11 1 159.30' 529°40'OUW
L12 I 19.57 1 585°03'43"E
SHEET 4 OF 4
THIS DOCUMENT, PREPARED UNDER 22 TAC 663.21, DOES NOT
REFLECT THE RESULTS OF AN ON THE GROUND SURVEY, AND IS LENARD V. WALL, R.P.L.S. 5249
NOT TO BE USED TO CONVEY OR ESTABLISH INTEREST IN REAL
PROPERTY EXCEPT THOSE RIGHTS AND INTEREST SUPPLIED OR
ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE 0 F T
BOUNDARY OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS //ST
PREPARED.
p C N$ER Ns TOWN OF PROSPER I 114
730 E.Park Blvd.,Suite 210 Plana,7X. 75074 EXHIBIT A _ 5249
(972) 422-0077 Fax (971) 922-0075
DRAWN BY �04ECKED BY� SCALE I DATE i M No. BRIDGEFARMER TRACT 9tio S U F\j
BLM LVW N.T.S. 11/22/091 08-0101 6.456 ACRES
praa,p GVOOa J0BSD6p10 Peaepw Anna®bm E+MN+WW'a6��U0r^F.d'4 Swetl 9Y—Saw—1Z/eODB 1.l5t- PWadby BA Pbt Dale 1(.1/20 0 8 7 48 AM
"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 BY:THES.E PRESENTS:
COUNTY OF
That ("Grantor"),whether one or more,for and in consideration of
the sum of TEN DOLLARS ($10.00) cash 11%-hand to Grantor:;paid by the TOWN OF PROSPER,
TEXAS, a Texas mun moration, ("Grantee")ihe;:receipt Arid sufficiency of which are hereby
acknowledged, does e.-r.. GRANT, SELL AND CONVEY unto Grantee the easement and right to
construct, reconstruct, o erate;;:re air;>re-buiid, r;,e`'dace, relocate, alter, remove and perpetually
:._...
P p p p rP Y
maintain`sanitary sewer,'water, and/or drainage facilities ("Facilities"), together with all incidental
improvements,1nd all necessary laterals:n,upon and across certain real property owned by Grantor
and located in the Toivt pf Prosper, or its extraterritorial jurisdiction, County,Texas,
as more particularly depic#ec on and described in Exhibit "A", attached hereto and incorporated
herein for all purposes ("Easement Pronertv"). 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(fINSERT LANDOWNER'S NAME))—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 to';WAR12 tNT AND FOREVER DEFEND
all and singular the Easement Property unto Grantees its`94cces ors andissigns,against every person
whomsoever lawfully claiming or to claim tle;_same or any part thereof,''by, through or under
Grantor, but not otherwise.
Grantee, its successors and 'a�signs,,..shall have the. right to construct, reconstruct and
perpetually maintain additional Facilities" all times:in the futu thin the Easement Property. If
Grantee is unable to::access the Easement Property due to;physical barriers or conditions, then the
Grantee, its successors and assigns;';shall.have and:..are hereby granted,the right of ingress and egress
over th4"", rtion of the;Grantor's adjacent property within fifteen feet(15')of the Easement Property
as is reasonabl :necessary to`artd for the:lunited purpose of accessing the Easement Property herein
granted ("Ingress/Egress Easement").
Grantee will at all`ti3ries-`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 are:m`6h-exclusive,but Grantor covenants
that Grantor will not convey any other easement or conflating rights within the area covered by this
grant which unreasonably interfere with Grantee,'_: r ghfs''grantecl herein`and provided all such other
grants comply with all applicable local, state"!ri deral;laws, ordinances,rules,regulations and/or
requirements,as they exist,may be amended or in the=futre`arising. Grantee will not unreasonably
deny a request to encroach on the`Easemenrt.Property.
Further, Grantor shall not place any mproyei :ent or take jo?� ction,permanent or temporary,
which may cause 404ge or j eopardize the infegrity of the;.,ii ilities and/or which will affect and/or
interfere, in,any.way, the rights;grarsted ''
.herein. G.r.:atttee, 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 riot be responsible for loss of'mprovements due to failure or
maintenance of the±Facilities.
This instrument shall.6"'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]
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 OFFICE this "' ::day of
2008.
No ary Public in and for the State,offexas
My Commission Expires:
THE STATE OF TEXAS §
COUNTY OF
BEFORE IV1E ;;.;. the undersigned `authority, "on. this day personally appeared
known to ;e:;to be one of;,th8,::persons whose names are subscribed to the
fore oin .;a�§truine itjnd she' cuted sai'&a- str ixrient for the purposes and consideration therein
g g..
expresset`: nd in the capacity therein stated.
GIVEN,,UNDER MY S AND 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 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 q.) ideration 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 State of Texas
My ommiss;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,.,lereby consents to the execution of
the foregoing Utility Easement and agrees that in the event of a foreclosure of the Easement Property
or any portion thereof and/or the underlying property or any poiit on thereof(or deed in lieu thereof),
the Utility Easement will remain in full force and effect.__.and sh not be extinguished by such
foreclosure (or deed in lieu thereof).
a _
By:
Printed Name:
Its: -
THE STATE OF TEXAS'
COUNTY OF §
BEF&E``IvIE�the undersigried`auth.'0. it on zh s day personally appeared
known #o_ e to be one`"gf the persons whose rimes are subscribed to the foregoing instrument; he/she
acknowledged to me he%Nhe is 't§e and duly authorized representative of
a and he/she executed said instrument for the purposes
and consideration:;-.therein expressed and.:;:n the capacity therein stated.
GIVEN UNDE"Y H/&D 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 NAMED.—Page 7 of 8 Exhibit`B"
522616-v1
EWIBIT "A "
Description and Depiction of Easement Property
( pages attached)
UTILITY EASEMENT((INSERT LANDOWNER'S NAME])-—Page 8 of 8 Exhibit`B"
522616-v1
it
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 B ',THESE PRESENTS:
COUNTY OF COLLIN =
As used herein, the following terms shall, the following meanings:
Effective Date:
Grantor:
Grantor's Mailing Address (including county):`-:
Grantee:
Grantee's Mailing Address (includ ng county):-,,.,
Consideration: TED, LLAR ;.: 10.00 cash and other good and valuable consideration,
_,. ) g r t1on, the
receipt ald sufficiency<' which areereby acknowledged
Prop-efiy; eluding any p-ovem4& :
See EXh&hit A attacheomereto and made a part hereof for all purposes.
Reservations fro And Exceptions to Conveyance and Warranty:
The Property conveyed herein is subject to the following: See Exhibit B
attached heretwand 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 revisedn'r:4ieleted) Current ad valorem
taxes on said Property having been prorated, the payment thereof is asstmed by Grantee.
When the context requires, singular nouns and_pronours include the plural.
- B
STATE OF TEXAS
COUNTY OF COLLIN.
This instrument` asacknowledged.before me on the day of 2006, by
of
off,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
EXHIBIT B
Exceptions