09-014 - R TOWN OF PROSPER,TEXAS RESOLUTION NO. 09-014
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 PERSEPOLIS
ORIENTAL RUGS OF DALLAS,INC.
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 Persepolis Oriental Rugs of Dallas, Inc.
SECTION 2: Resolved by affirmative vote of the Town Council on the 29th day of
January, 2009.
harles Niswanger yor
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ATTEST: ����� OF P
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fvKtthew D. Denton,TRMC
Town Secretary
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01p a®hose so
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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 ("Amement") is made and entered into as of this 01 day of
, 2001, ("Effective Date") by and between the Town of Prosper, Texas, ("Town")
an% Perso&s Oriental Rugs of Dallas, Inc. ("Owner") on the terms and conditions hereinafter set
forth.
WHEREAS, Owner owns approximately 2.3133 acres, more or less, situated in the Collin
County School Land Survey, Abstract No. 147, 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 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
Annexation Agreement Page 1
M S t.l 01408 Pers epol is
limited to submittal of site plans and plats) and development standards (including but not limited to
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.
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 North Dallas Tollway. 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 the North
Dallas Tollway,free from any liens or other encumbrances,for the construction and/or extension of
the North Dallas Tollway ("ROW Property"). 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
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
Annexation Agreement Page 2
MSL101408Persepolis
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 ("DefaultM2 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: Persepolis Oriental Rugs of Dallas, Inc.
2693 Preston Road, Ste 1000
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.
(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
Annexation Agreement Page 3
MS1,101408Persepolis
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 indina 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
MSL101408Persepolis
(1) Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted
equally by all parties hereto. The language of all parts of this Agreement shall be construed as a
whole according to its fair meaning and any presumption or principle that the language herein is to
be construed against any party shall not apply. 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 Chatter 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 PRO ER XAS
By
Mike Land, town Manager
A -4;�
Tywn Secretary
OWNER:
Au A4+E a-J A-9
Annexation Agreement Page 5
MSU 01408Persepolis
(1) Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted
equally by all parties hereto. The language of all parts of this Agreement shall be construed as a
whole according to its fair meaning and any presumption or principle that the language herein is to
be construed against any party shall not apply. 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 Chanter 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 PROSP R XAS
By:
T-1LandlTown Manager
ATT
wn Secretary
OWNER: \
M hJ i-b TbLAO-X
Annexation Agreement Page 5
MSLI01408Persepolis
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
2001.
Notary Public in and for the State of Texas
�g My Commission Expires:
STATE OF TEXAS §
COUNTY OF COLLIN §
Ad.l J14�L�4N
BEFORE ME, the undersigned authority, on this day personally appeared AW,b 1N.D (.
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 day of
Notary Public in and for the State of Texas
ANNETTE R. DOWNS
Notary Public,State of Texas My Commission Expires:
My Commission Expires --
'�',;;o��;;� April 16, 2012
Annexation Agreement Page 6
MSL101408Persepolis
Exhibit "A"
Description and Depiction of Property
Annexation Agreement Page 7
MSLI 01408Persepolis
EXHIBIT A
ANNEXA110N
LEGAL DESCRIP11ON
BEING A 2307 ACRE TRACT OF LAND LOCATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO.
147, AND BEING ALL OF THE SAME TRACT OF LAND DESCRIBED IN DEED TO PERSEPOLIS ORIENTAL RUGS OF
DALLAS INC., RECORDED IN VOLUME 5889, PAGE 1784, DEED RECORDS, COLLIN COUNTY, TEXAS, AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE COMMON CORNER OF SAID PERSEPOLIS TRACT AND A TRACT OF LAND DESCRIBED IN DEED
AS TRACT ONE IN DEED TO PROSPER DAWN INVESTMENTS, LTD., RECORDED IN DOCUMENT NO.
20070828001200880, DEED RECORDS, COLLIN COUNTY, TEXAS AND ALSO BEING IN THE WEST LINE OF A
CALLED 15.474 ACRE TRACT OF LAND DESCRIBED IN DEED TO PROSPER DAWN INVESTMENTS, LTD. AS
RECORDED IN DOCUMENT NO. 20070828001200890, DEED RECORDS, COLLIN COUNTY, TEXAS;
THENCE NORTH 8912'18" WEST, ALONG THE COMMON LINE OF SAID TRACT ONE PROSPER DAWN INVESTMENTS,
LTD. TRACT AND SAID 2.313 ACRE PERSEPOLIS ORIENTAL RUGS OF DALLAS INC. TRACT, A DISTANCE OF 22239
FEET TO THE COMMON CORNER OF SAID 2.697 ACRE COLLIN COUNTY, TEXAS TRACT, SAID PERSEPOLIS
ORIENTAL RUGS OF DALLAS INC. TRACT, SAID TRACT ONE PROSPER DAWN INVESTMENTS, LTD. TRACT AND A
CALLED 2.681 ACRE TRACT OF LAND DESCRIBED IN DEED TO COLLIN COUNTY, TEXAS, RECORDED IN DOCUMENT
NO. 20060313000324730, DEED RECORDS, COLLIN COUNTY, TEXAS, SAID POINT ALSO BEING THE BEGINNING OF
A CURVE TO THE LEFT WHOSE CHORD BEARS NORTH 0014'36" EAST, 112.99 FEET;
THENCE CONTINUING ALONG SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 01'0T37", A RADIUS OF
5744.48 FEET AND AN ARC LENGTH OF 113.00 FEET;
THENCE NORTH 00'19'12" VEST, ALONG THE COMMON LINE OF SAID PERSEPOLIS TRACT AND SAID COLLIN
COUNTY TRACT, A DISTANCE OF 334.38 FEET TO THE COMMON CORNER OF SAID PERSEPOLIS TRACT AND SAID
2.697 ACRE COLLIN COUNTY TRACT,
THENCE SOUTH 8909'19' EAST, ALONG THE COMMON LINE OF SAID 2.313 ACRE PERSEPOLIS ORIENTAL RUGS OF
DALLAS INC. TRACT AND SAID PROSPER DAWN INVESTMENTS, LTD. TRACT, A DISTANCE OF 227.93 FEET TO THE
COMMON EAST CORNER OF SAID 2.313 PERSEPOLIS ORIENTAL RUGS OF DALLAS INC. TRACT AND SAID PROSPER
DAWN INVESTMENTS, LTD. TRACT, SAID POINT ALSO BEING IN THE WEST LINE OF SAID 15.474 ACRE PROSPER
DAWN INVESTMENTS, LTD_ TRACT;
THENCE SOUTH 0031'51' WEST, ALONG THE COMMON LINE OF SAID 2.313 ACRE PERSEPOLIS ORIENTAL RUGS OF
DALLAS INC. TRACT AND SAID 15.474 ACRE PROSPER DAWN INVESTMENTS, LTD. TRACT, A DISTANCE OF 447.11
FEET TO THE POINT OF BEGINNING AND CONTAINING 100,475 SQUARE FEET OR 2.307 ACRES OF LAND.
BASIS OF BEARINGS DERIVED FROM THE WEST LINE OF McGINNIS FARMS, INC., RECORDED IN VOLUME 4919,
PAGE 1793, DEED RECORDS, COLLIN COUNTY, TEXAS.
SHEET 1 OF 2
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 rLENARD O F
BOUNDARY OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS S T PREPARED. N 1 a s ANNEXATION p GSNEER=NG VICTOR WAL
ron)Pazz°or saam'ron) 42m 2-W5 EXHIBIT 'A' ° 5249
P
ORAAN BY i CHEOM BY I sc� I DAIS I JIM NO. PERSEPOU S TRACT `9tio S U_J
BLM ( LVW I N.T.S. 11/14/09108-010 2307 AC.
6NR000JOOBO010PNPMMew,b.F�YS�9/"s.al Q.ry Pi..:t� 11N'MNI PblE A'9iIW[Pbt2lb:SllSQq'®1018 M1
TRACE TMID
GALLED Z ZM AOMS
CALLIID 2ZW ApCLB FROMPER DAM*&ft5TMP.MRl.LTD.
Coum GUM'RY.lo" DDG Nm —200660
DOG NO.
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— DICCGT. — �JVa7 Val 1TE N 227.93'
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CAUJW 2AM„,CIZO N89°12'1&"W-222.39' ~"W POINT OF
NCD1 ry', � ACIMS 5EGIN141NO
D.F.GGT. rWDB#WGDAWNlWWRAOM OiLTD_
DOG N0.
Pxr GT.
Boundary Curve Table
Curve# I Length I Radius I Tangent I Chord I Chord Bearing I Defto
Cl 1 113.00' 5744.58' 56.50' I MEW I Mrl4'36°E 1 1°0737'
SHEET 2 OF 2
THIS DOCUMENT, PREPARED UNDER 22 TAC 663.21. DOES NOT
REFLECT THE RESULTS OF AN ON THE GROUND SURVEY, AND IS UNARD V. WALL, R.P.LS. 5249
NOT TO BE USED TO CONVEY OR ESTABLISH INTEREST IN REAL
PROPERTY EXCEPT THOSE RIGHTS AND INTEREST SUPPLIED OR O THE OF
BY THE CREATION OR BOUNDARYEOF THE POLITICAL SUBDIVISION FOR RWHICH IT WAS
PREPARED. rLEtNARD ASTeANNEXATION G=ISEERSl.TG VICTOR WALL
�T2) 42.vOYI said/(-*V�'422-o0%TS EXHIBIT 'A' < 52 49 P 4
wAvm By i er l scALE i DATE I m HD. PERSEPOU S TRACT
BLM 1 LVW � "=100'11/14/091 08-010 2.307---AC.
Exhibit`B"
Utility Easement Form
with Temporary Construction Easement
Annexation Agreement Page 8
MSLI OI408Persepolis
"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 BV-;THESE PRESENTS:
COUNTY OF
That ;::;; ("Grantor"),wk_&r one or more,for and in consideration of
the sum of TEN DOLLARS ($10.00) cash iri�:hand to Granto".f. aid the TOWN OFPROSPER,
TEXAS, a Texas municipal cflrporation, ("Grantee")the:receiptarid sufficiency of which are hereby
acknowledged, does hereby GRANS', SELL AND CONVEY unto Grantee the easement and right to
construct,:.,, ..pa trp operate;repair;--:r -build, space, relocate, alter, remove and e etuall
P rP y
maintain sanitary sewer, "water ari4-19r drainage facilities ("Facilities"), together with all incidental
improvements,sand all necessary lateral,91i,upon and across certain real property owned by Grantor
and located in the Tovvn;.of 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 MNSERT LANDOWNER'S NAMED—Page i 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 toWARRANT AND FOREVER DEFEND
all and singular the Easement Property unto Grant=ee;its successors and'`aspgns,against every person
whomsoever lawfully claiming or to claim th ;same or any part thereof,`by, through or under
Grantor, but not otherwise.
Grantee, its successors °and shall have the._ right to construct, reconstruct and
perpetually maintain additional Facilities`at all times:in the futurevithin the Easement Property. If
Grantee is unable to_`access the Easement Property due to;'*sical barriers or conditions, then the
Grantee,its successors and assigns-"shall have, a1 d:;are:hereby granted,the right of ingress and egress
over that:portion of the Grantor'`s"adjacent property within fifteen feet(15')of the Easement Property
as is reasonably:necessary to`aid for the.luaiited purpose of accessing the Easement Property herein
granted ("Ingress/Egress Easement").
Grantee will at all'tries`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 NAME]).—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 areoi-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 Grantee's r ghfs_'granfed herein sand provided all such other
grants comply with all applicable local, state and:;federal:laws ordinances rul'e:;s regulations and/or
w,
requirements,as they exist,may be amended or in the'fb re arising. Grantee will not unreasonably
l:.
deny a request to encroach on the Easeme nt:Property.
Further, Grantor shall not place ary_mproye or take_any action,permanent or temporary,
which may cause damage or jeopardize the integrity of the.*.F ilities and/or which will affect and/or
interfere, in._any.way, the rights, r ted.herein. °`'Graattee, 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'n6f be responsible for loss of improvements due to failure or
maintenance of the Facilities.
This instrument slal3'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 FOLLOW.]
UTILITY EASEMENT{(INSERT LANDOWNER'S NAME])—Page 3 of 8 Exhibit`B"
522616-v1
EXECUTED on the dates appearing in the acknowledgements below, however, to be
effective on this day of , 2008.
GRANTOR:
AGREED AND ACCEPTED:
TOWN OF PROSPER, TEXAS _
_
By:
Mike Land, Town Manager
-
UTILITY EASEMENT MNSERT 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 `this ";day of ,
2008. _
Notary Public in and for the State ofTexas
My Commi"' Expires:
THE STATE OF TEXAS §
COUNTY OF
BEFORE ME::;. the ulirersigned authority, on this day personally appeared
known
be one of-the:versons whose names are subscribed to the
foregoingstrumeitrand she'°ex=ecuted sa str...uent for the purposes and consideration therein
express. ".-and in the capacity ther.::ein stated.
GIV04-UNDER MI'HAND AND'SEAL OF OFFICE this day of
2008. _
Notary Public in and for the State of Texas
My Commission Expires:
UTILITY EASEMENT((INSERT LANDOWNER'S 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,;eon_sideration therein expressed and
in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL=zF (OFFICE this day of
2008. = =_
otary Public in and for the State"ofTexas
My"Commission Expires:
UTILITY EASEMENT((INSERT LANDOWNER'S NAMED—Page 6 of 8 Exhibit`B"
5226I6-vl
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,..,-er.._eby consents to the execution of
the foregoing Utility Easement and agrees that in the event ofd£oreclosure of the Easement Property
or any p ortion thereof and/or the underl y in g p rop e rty or .'o-i
tion 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:
Pririte-d„Name:
THE STATE OF TEXAS
COUNTY OF §
BEFOREME..the unders ``'` a<;:a
_,gn d utlior,ty, onAhis day ersonall appeared
p Y
,
known toe to be one`:of the persons whose°rimes 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 consideratiA,..therein expressed and:;:ri 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 Comrmissiotn Expires:
UTILITY EASEMENT((INSERT LANDOWNER'S NAMEI1—Page 7 of 8 Exhibit"131'
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
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 AL NS By` HESE PRESENTS:
COUNTY OF COLLIN §
As used herein, the following terms shall fidV the followint meanings:
Effective Date:
j Grantor:
Grantor's Mailing Address (including county]`:"''' `
Grantee:
Grantee's M ailin g s (incun county)-'
era. 'on: TE T-D>OLLA S::$10.00 cash and other good and valuable consideration, the
Consid i?h ., ) g
receipt a ct suf ciency` vuhich at...:hereby acknowledged
Propert `(eluding any I In proven"):
Seel Exhibit A attached?lteretoiand made a part hereof for all purposes.
I
Reservations frobvand Exceptions to Conveyance and Warranty:
The Property conveyed herein is subject to the following: See Exhibit B
attached heretw and made a part hereof for all purposes.
(NOTE: if no specific exceptions, use following paragraph instead of
sentence above, and an Exhibit B won't be attached)
This conveyance is made and accepted subject to any and all conditions and
restrictions, if any, relation to the hereinabove described property, to the extent, and only
to the extent, that the same may still be in force and effect, shown of record in the office
of the County Clerk of County, Texas, and apparent easements.
522635-1 Exhibit"C"
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 revisecl;ordeleted) Current ad valorem
taxes on said Property having been prorated, the payment thereof is assumed by Grantee.
When the context requires, singular nouns an( p..noun s include the plural.
B:y :
STATE OF TEXAS
COUNTY OF CCLIN
This instrument' a-` clmowledged•before me on the day of 2006, by
behalW 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
4,