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09-015 - R TOWN OF PROSPER,TEXAS RESOLUTION NO. 09-015 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 LELIA WEEMS. 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 Leila Weems. SECTION 2: Resolved by affirmative vote of the Town Council on the 29`h day of January, 2009. Charles Niswanger, M4559� ATTEST: �a a pr, 4 a 4�, Watthew D. Denton, TRMC ° 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 ("Amement") is made and entered into as of this �l day of ,TA)IJ U A P-(' , 2009, ("Effective Date")by and between the Town of Prosper, Texas, ("Town") and Leila Joyce Weems ("Owner') on the terms and conditions hereinafter set forth. Owner and Town are collectively referred to herein as the"Parties", and individually, WHEREAS, Owner owns approximately 32.98 acres, more or less, situated in the Collin County School Land Survey, Abstract A0147, 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 ofthe 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 Aareement. The land that is subject to this Agreement is the Property. Owner represents that it is the sole owner of the Property. Annexation Agreement Page 1 MSL121608Weems 538299.v1 i 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 masonry requirements,parking standards and landscaping standards)set forth by the ordinances of Town (including but not limited to the Comprehensive Zoning Ordinance ("CZO") 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. (a) Within six months(180)days of her execution of this Agreement, Owner shall submit an application, in the form attached hereto as Exhibit "B" and incorporated herein for all purposes,for voluntary annexation of the Property by Town. Owner shall bear all of Owner's costs for such annexation, and Town shall use its best efforts to obtain the approval of Owner's application for annexation. (b) The Parties agree that this Agreement meets the requirements of a service plan,and shall serve as the service plan for the Property with respect to the public improvements, ("Annexation Service Plan")that provides for the extension of full municipal services to the Property pursuant to Section 43.065 of the Local Government Code(as it now exists and as it may hereafter be amended,"Local Government Code"). With respect to services required in a service plan,Town shall provide such services in accordance with this Agreement. The Parties acknowledge that this Agreement will be considered at the public hearings held under Section 43.065 of the Local Government Code, that this Agreement represents the mutual understanding of the Parties with respect to the matters contained herein, and that no provision of any service has been deleted. The Parties further agree that the services and infrastructure to serve the Property if provided by Owner are undertaken voluntarily. The Town Council of Town finds and determines that this proposed Annexation Service Plan will not provide any fewer services,and it will not provide a lower level of service in the area proposed to be annexed than were in existence in the proposed area at the time immediately preceding the annexation process. Because of the differing characteristics of topography,land utilization and population density, the service levels which may ultimately be provided in the newly annexed area may differ somewhat from services provided in or to other areas of Town. These differences are specifically dictated because of differing characteristics of the Property and Town will undertake to perform consistent with this Agreement so as to provide the newly annexed area with the same type,kind and quality of service presently enjoyed by the citizens of Town who reside in areas of similar topography, land utilization and population. Owner specifically understands and agrees that,except as otherwise provided in this Agreement,Town shall have no obligation to design,extend,construct and provide the public improvements necessary to serve the Property and that,except as otherwise provided in this Agreement, should Owner desire to further develop the Property prior to the time that adequate public improvements are on or adjacent to the Property, it shall be Owner's Annexation Agreement Page 2 MSL121608Weems 538299.v1 responsibility and obligation,at its sole cost and expense,to design,extend and construct such public improvements. (C) OWNER AND TOWN AGREE THAT THE REQUIREMENT THAT THE CONSTRUCTION OF CAPITAL IMPROVEMENTS NECESSARY TO PROVIDE MUNICIPAL SERVICES TO THE PROPERTY MUST BE SUBSTANTIALLY COMPLETED WITHIN THE TIME PRESCRIBED BY SECTION 43.056, LOCAL GOVERNMENT CODE,AS AMENDED,DOES NOT APPLY TO DEVELOPMENT ON THE PROPERTY,OR ANY PORTION THEREOF,BECAUSE OF ITS SIZE OR PROJECTED MANNER OF DEVELOPMENT BY THE OWNER. THE PARTIES AGREE THAT CONSTRUCTION OF THE CAPITAL IMPROVEMENTS NECESSARY TO PROVIDE SUCH MUNICIPAL SERVICES TO THE PROPERTY ARE NOT REASONABLY EXPECTED TO BE COMPLETED WITHIN THAT TIME PERIOD,AND OWNER HEREBY WAIVES,PROVIDED TOWN IS NOT IN BREACH OF THIS AGREEMENT,ANY RIGHT IT MAY HAVE UNDER SECTION 43.056 AND/OR SECTION 43.141, LOCAL GOVERNMENT CODE, AS AMENDED, TO FILE A PETITION FOR DISANNEXATION AND/OR ANY OTHER ACTION DUE TO FAILURE TO PROVIDE ANY PORTION OF THE PROPERTY WITH TOWN UTILITYIES,INCLUDING WATER AND/OR WASTE WATER SERVICES AND/OR ANY OTHER MUNICIPAL SERVICES,SAVE AND EXCEPT POLICE AND FIRE PROTECTION,EMERGENCY MEDICAL SERVICES AND SOLID WASTE COLLECTION. 4. Zoning. Simultaneously with her submission of the petition for voluntary annexation, Owner shall submit an application to zone the Property ("Zoning Request") in accordance with the CZO. Owner has requested that Town zone the Property Retail(R),and Town agrees to diligently process the Zoning Request in accordance with the CZO and state law. Owner shall bear all of Owner's costs incurred in connection with the Zoning Request. Owner hereby acknowledges and agrees that Town makes no warranties and/or guarantees with regard to the outcome of the Zoning Request. Before any permit, development, building or otherwise, will be issued by Town for the further development of the Property, Owner must, among any other Town requirements, obtain Town approval of the Zoning Request. Said costs for the annexation and zoning requests by the owner shall be waived as well as the requirement for a survey(the attached legal description will be used in the applications) if submitted within the time specified within Section 3 above. 5. Water and Sanitary 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 with the same regulations as any development in Town and in accordance with the Annexation Service Plan. Subject to Paragraph 3 above,Town agrees to provide water service for the Property in the same manner and in accordance with 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/or sanitary sewer service, free from any liens or other encumbrances, for the construction and/or extension of water and/or sanitary sewer facilities. Said easement shall be materially in the same form as Exhibit "C", Annexation Agreement Page 3 MSL121608Weems 538299.vl I attached hereto and incorporated herein for all purposes, and shall contain legal descriptions and diagrams of the easement. 6. Right-of-Way Dedication for First Street. 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 First Street,free from any liens or other encumbrances,for the construction and/or extension of First Street("ROW Property"). Generally(as illustrated by Exhibit"D",attached hereto and incorporated herein for all purposes)an additional thirty-five(35')feet is needed beyond the existing forty-five(45')feet from the centerline of First Street for a distance of approximately two hundred feet(200')from its intersection with the Dallas North Tollway("DNT") ROW,then tapering off due east until it again matches up with the existing forty-five (45') ROW line from the centerline of First Street. At the intersection of First Street and the DNT ROW, the Town also requires a 45' x 45' triangle ROW dedication, this in addition to the ROW dedication for First Street. Said right-of-way dedication shall be by warranty deed materially in the same form as Exhibit "E", attached hereto, and shall contain legal descriptions and diagrams of the right-of-way dedication. The dedication of this ROW,while at no cost to the Town, will be credited towards the value of the thoroughfare impact fees in accordance with the Impact Fee Ordinance(hereinafter defined). The impact fee credit amount shall be based on the appraised fair market value,as approved by Town,of the ROW described in this Parav-raph 6 at the time the dedication is made. 7. Access to Property. Upon seven (7) days' written notice, Owner shall grant Town access to the Property from time to time to conduct such surveys and tests as Town deems reasonably necessary to identify and determine the right-of-way and easements described herein; provided, Town shall be solely responsible for all damages occasioned to the Property arising out of Town's occupation of same. Owner's granting of access shall not be unreasonably withheld. If there is no response from Owner within seven (7) days of giving notice, then access to the Property shall be deemed approved. 8. Impact Fees. The Property shall be subject to impact fees adopted by Ordinance No. 06-91,as it exists or maybe amended("Impact Fee Ordinance"). This Agreement does not alter or supersede the written agreement between the Town and Leila Joyce Weems for Parcel 40-27B signed on November 17, 2005. 9. Other Development Fees. The Parties hereto acknowledge that this Agreement is limited to the matters specifically addressed herein. 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. Annexation Agreement Page 4 MSL121608Weems 538299.v I 10. 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. 11. Default. If any Party breaches any of the terms of this Agreement, then that Party shall be in default ("Defaultim 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. 12. 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: Leila Joyce Weems PO Box 21 Prosper TX 75078 13. Limitation of Liabilitv. Except as otherwise provided in this Agreement,the Parties agree and acknowledge that Town shall not be required to tender,and/or be liable to Owner for,any reimbursement of and/or payment of any monies with regard to the matters set forth herein. 14. Covenant Runnine with Land. This Agreement shall be a covenant running with the land and the Property and shall be binding upon Owner and Town, and their respective officers, directors, partners, members, employees, representatives, agents, successors, vendors, grantees, assigns and trustees. In addition, the Parties shall cause this Agreement to be filed in the Land Records of Collin County. Annexation Agreement Page 5 MSL121608Weems 538299.v1 15. PARTIES' ACKNOWLEDGEMENT OF TOWN'S COMPLIANCE WITH FEDERAL AND STATE CONSTITUTIONS, STATUTES AND CASE LAW AND FEDERAL, STATE AND LOCAL ORDINANCES,RULES AND REGULATIONS/OWNER'S WAIVER AND RELEASE OF CLAIMS FOR OBLIGATIONS IMPOSED BY THIS AGREEMENT. (A) OWNER ACKNOWLEDGES AND AGREES THAT: (I) THE PROPERTY AND/OR EASEMENTS TO BE CONVEYED AND/OR THE FEES TO BE IMPOSED BY TOWN, IF ANY, REGARDING THE PROPERTY,IN WHOLE OR IN PART,DOES/DO NOT CONSTITUTE A: (A) TAKING UNDER THE TEXAS OR UNITED STATES CONSTITUTION; (B) VIOLATION OF THE TEXAS WATER CODE,AS IT EXISTS OR MAY BE AMENDED; (C) NUISANCE; AND/OR (D) CLAIM FOR DAMAGES AND/OR REIMBURSEMENT AGAINST TOWN FOR A VIOLATION OF ANY FEDERAL AND/OR STATE CONSTITUTION, STATUTE AND/OR CASE LAW AND/OR FEDERAL, STATE AND/OR LOCAL ORDINANCE, RULE AND/OR REGULATION. (II) THE AMOUNT OF OWNER'S FINANCIAL OR INFRASTRUCTURE CONTRIBUTION(AFTER RECEIVING ALL CONTRACTUAL OFFSETS, CREDITS AND REIMBURSEMENTS, IF ANY) AGREED TO IN THIS AGREEMENT IS ROUGHLY PROPORTIONAL TO THE DEMAND THAT SUCH OWNER'S DEVELOPMENT PLACES ON TOWN'S INFRASTRUCTURE. (III) OWNER HEREBY RELEASES TOWN FROM ANY OBIGATION TO PERFORM OR COMMISSION A TAKINGS IMPACT ASSESSMENT UNDER CHAPTER 2007 OF THE TEXAS GOVERNMENT CODE,AS IT EXISTS OR MAY BE AMENDED. (IV) OWNER HEREBY AGREES THAT THE PROPERTY AND/OR ' EASEMENTS WHICH IT CONVEYS TO TOWN PURSUANT TO THIS AGREEMENT IS ROUGHLY PROPORTIONAL TO THE BENEFIT Annexation Agreement Page 6 MSL121608Weems 538299.v1 RECEIVED BY OWNER FOR SUCH LAND, AND OWNER HEREBY WAIVES ANY CLAIM THEREFOR THAT IT MAY HAVE. OWNER FURTHER ACKNOWLEDGES AND AGREES THAT ALL PREREQUISITES TO SUCH A DETERMINATION OF ROUGH PROPORTIONALITY HAVE BEEN MET, AND THAT ANY VALUE RECEIVED BY TOWN RELATIVE TO SAID CONVEYANCE ARE RELATED BOTH IN NATURE AND EXTENT TO THE IMPACT OF THE DEVELOPMENT OF OWNER'S ADJACENT PROPERTY ON TOWS INFRASTRUCTURE. OWNER AND TOWN FURTHER AGREE TO WAIVE AND RELEASE ALL CLAIMS ONE MAY HAVE AGAINST THE OTHER RELATED TO ANY AND ALL ROUGH PROPORTIONALITY AND INDIVIDUAL DETERMINATION REQUIREMENTS MANDATED BY THE UNITED STATES SUPREME COURT IN DOLAN V. CITY OF TIGARD,512 U.S.374(1994)9 AND ITS PROGENY,AS WELL AS ANY OTHER REQUIREMENTS OF A NEXUS BETWEEN DEVELOPMENT CONDITIONS AND THE PROJECTED IMPACT OF THE PUBLIC INFRASTRUCTURE. (V) OWNER SHALL INDEMNIFY AND HOLD HARMLESS TOWN FROM ANY CLAIMS AND SUITS OF THIRD PARTIES BROUGHT PURSUANT TO THIS PARAGRAPH. (B) OWNER RELEASES TOWN FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION BASED ON EXCESSIVE OR ILLEGAL EXACTIONS UNDER THIS AGREEMENT. (C) OWNER HEREBY WAIVES ANY REQUIREMENT THAT TOWN RETAIN A PROFESSIONAL ENGINEER,LICENSED PURSUANT TO CHAPTER 1001 OF THE TEXAS OCCUPATIONS CODE, TO REVIEW AND DETERMINE THAT THE EXACTIONS REQUIRED BY TOWN AS A CONDITION OF APPROVAL FOR THE DEVELOPMENT OF THIS PROPERTY ARE ROUGHLY PROPORTIONAL OR ROUGHLY PROPORTIONATE TO THE PROPOSED DEVELOPMENT'S ANTICIPATED IMPACT. (THESE EXACTIONS MAY INCLUDE,BUT ARE NOT LIMITED TO,THE MAKING OF DEDICATIONS OR RESERVATIONS OF LAND, THE PAYMENT OF FEES, THE CONSTRUCTION OF FACILITIES, AND THE PAYMENT OF CONSTRUCTION COSTS FOR PUBLIC FACILITIES.) OWNER SPECIFICALLY RESERVES ITS RIGHT TO Annexation Agreement Page 7 MSL121608Weems 538299.v1 APPEAL THE APPORTIONMENT OF MUNICIPAL INFRASTRUCTURE COSTS IN ACCORDANCE WITH TEX.LOC.GOV'T CODE§212.904. HOWEVER, NOTWITHSTANDING THE FOREGOING,OWNER HEREBY RELEASES TOWN FROM ANY AND ALL LIABILITY UNDER TEX. LOC. GOV'T CODE § 212.904 REGARDING OR RELATED TO THE COST OF THOSE MUNICIPAL INFRASTRUCTURE IMPROVEMENTS REQUIRED FOR THE DEVELOPMENT OF THE PROPERTY. (D) OWNER WAIVES ANY CLAIM FOR DAMAGES AND/OR REIMBURSEMENT AGAINST TOWN FOR A VIOLATION OF ANY FEDERAL AND/OR STATE CONSTITUTION, STATUTE AND/OR CASE LAW AND/OR FEDERAL, STATE AND/OR LOCAL ORDINANCE, RULE AND/OR REGULATION, EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT. (E) THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 16. Attomevs' Fees. In any legal proceeding brought to enforce the terms of this Agreement,including but not limited to,a proceeding brought pursuant to Parapravhs 11. 15 and/or 17 n , the prevailing Party may recover its reasonable and necessary attorneys' fees from the non- prevailing Parry as permitted by Section 271.159 of the Texas Local Government Code,as it exists or may be amended. 17. Miscellaneous. (a) Assienment. 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. (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. Annexation Agreement Page 8 MSL121608Weems 538299.0 (d) Venue. This Agreement shall be construed in accordance with the laws of the State of Texas and shall be performable in Collin County,Texas. Exclusive venue shall be in Collin County, Texas. (e) Consideration. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration,the sufficiency of which is forever confessed. (f) Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. (g) Authority to Execute. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears,that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. (h) 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) 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) Renresentations. 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 its obligations under this Agreement. (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 Annexation Agreement Page 9 MSL121608Weems 538299.vl (m) Incorporation of Recitals. The Recitals above are incorporated herein as if repeated verbatim. (n) No Chanter 245 Permit. This Agreement shall confer no vested rights on the Property,or any portion thereof,unless specifically enumerated herein.In addition,this Agreement, and any requirement contained in this Agreement, shall not constitute a "permit" as defined in Chapter 245,Texas Local Government Code,and nothing in this Agreement provides Town with fair notice of Owner's project. OWNER WAIVES ANY STATUTORY CLAUVI UNDER CHAPTER 245 OF THE LOCAL GOVERNMENT CODEUNDERTHISAC REEMENT.UNLESS SAID CLAW RESULTS FROM A RIGHT CONFERRED ON OWNER AS SPECIFICALLY ENUMERATED HEREIN. THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. (o) Owner's Warranties/Representations_All warranties, representations and covenants made by Owner in this Agreement or in any certificate or other instrument delivered by Owner to Town under this Agreement shall be considered to have been relied upon by Town and will survive the satisfaction of any fees under this Agreement,regardless of any investigation made by Town or on Town's behalf. (p) No Third Partv Beneficiaries.Nothing in this Agreement shall be construed to create any right in any third party not a signatory to this Agreement,and the parties do not intend to create any third party beneficiaries by entering into this Agreement. (q) Indemnification. The Parties agree that the Indemnity provision set forth in Paragraph 15 herein is conspicuous, and the Parties have read and understood the same. (r) Waiver. Waiver by either Party of any breach of this Agreement,or the failure of either Party to enforce any of the provisions of this Agreement,at any time,shall not in any way affect, limit or waive such Party's right thereafter to enforce and compel strict compliance. (s) Reference to Owner. When referring to"Owner"herein,this Agreement shall refer to and be binding upon Owner,her representatives,agents,grantees,heirs,legal representatives, assigns, trustees, subcontractors, contractors, licensees, invitees and/or any other third parties for whom such Owner is legally responsible. 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, TEXAS Annexation Agreement Page 10 MSL121608Weems 538299.v1 11 1 // By: sC: 1 Mike Land, Town Manager ATTE �> Xvn Secretary OWNE/R: {) Leila JoycevWeei is Annexation Agreement Page 11 MSL121608Weems 538299.v1 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 SE OF OFFICE this 5 day of 2009. ,,MATTHEW D OENTON l tary Public in and for the State of Texas w� . s / R Notary Public, s 's J:T"s state of Una 1-121 My Commission Expires: STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally appeared Leila Joyce Weems, known to me to be one of the persons whose names are subscribed to the foregoing instrument; she acknowledged to me that she has executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ' day of 12009. Notary Public in and for the State of Texas My Commission Expires:ires: i Annexation Agreement Page 12 MSL121608Weems 538299.0 EXHIBIT A ANNEXATION LEGAL DESCRIPTION BEING AN 33026 ACRE TRACT OF LAND LOCATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147, AND BEING A PORTION OF THE SAME TRACT OF LAND DESCRIBED AS FIRST TRACT TO LELIA JOYCE WEEMS, RECORDED IN VOLUME 3493, PAGE 308, DEED RECORDS, COLLIN COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE COMMON SOUTH CORNER OF SAID WEEMS TRACT AND A CALLED 79.221 ACRE TRACT OF LAND DESCRIBED AS TRACT FOUR IN DEED TO 183 LAND CORPORATION, INC., RECORDED IN DOCUMENT NO. 97-0005168, DEED RECORDS, COLLIN COUNTY, TEXAS, SAID POINT ALSO BEING IN THE NORTH LINE OF FIRST STREET; THENCE NOR1H 89'51'20" NEST, ALONG THE COMMON LINE OF SAID WEEMS TRACT AND SAID WEST FIRST STREET, A DISTANCE OF 1,072.42 FEET TO THE COMMON SOUTH CORNER OF SAID WEEMS TRACT AND A TRACT OF LAND TO COLLIN COUNTY, TEXAS, RECORDED IN DOCUMENT NO. 20060313000324740, DEED RECORDS, COLLIN COUNTY, TEXAS; THENCE NORTH 012551' NEST, ALONG THE COMMON LINE OF SAID WEEMS TRACT AND SAID COLLIN COUNTY TRACT, FOR A DISTANCE OF 900.77 FEET TO THE BEGINNING OF A CURVE TO THE LEFT WHOSE CHORD BEARS NORTH 023417' NEST, 229.64 FEET; THENCE CONTINUING ALONG SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 021726°, A RADIUS OF 5744.58 FEET AND AN ARC LENGTH OF 229.66 FEET; THENCE NORTH 03'43'00' NEST, CONTINUING ALONG SAID COMMON LINE, FOR A DISTANCE OF 189.36 FEET TO THE COMMON CORNER OF SAID WEEMS TRACT AND SAID COLLIN COUNTY TRACT AND ALSO THE COMMON CORNER OF A TRACT OF LAND DESCRIBED IN DEEDS TO ELMER L. TEMPLIN, RECORDED IN VOLUME 1227, PAGE 172, DEED RECORDS, COLLIN COUNTY, TEXAS AND A TRACT OF LAND DESCRIBED IN DEED TO COLLIN COUNTY, TEXAS, RECORDED IN VOLUME 5786, PAGE 4651, DEED RECORDS, COLLIN COUNTY, TEXAS; THENCE SOUTH 89'S5'1Y EAST, ALONG THE COMMON LINE OF SAID WEEMS TRACT AND SAID TEMPLIN TRACT, FOR A DISTANCE OF 1117.49 FEET TO THE SOUTHEAST CORNER OF SAID TEMPLIN TRACT AND THE NORTHEAST CORNER OF SAID WEEMS TRACT AND ALSO IN THE WEST LINE OF SAID 183 LAND CORPORATION, INC. TRACT; THENCE SOUTH, ALONG THE COMMON LINE OF SAID WEEMS TRACT AND SAID 183 LAND CORPORATION, INC. TRACT, FOR A DISTANCE OF 1320.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 1,438,598 SQUARE FEET OR 33.026 ACRES OF LAND. BASIS OF BEARINGS DERIVED FROM THE WEST LINE OF COLLIN COUNTY, TEXAS, RECORDED IN VOLUME 5786, PAGE 4651, DEED RECORDS, COLLIN COUNTY, TEXAS. Boundary Curve Table Curve# I Length Kadius I Tangent I Chord I Chord Bearing ( Dena C1 1 229.66 1 5744.58' ( 114.84' J 229.64' I N2°3417-'W + 2°17-26" 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.LS. 5249 NOT TO BE USED TO CONVEY OR ESTABLISH INTEREST IN REAL PROPERTY EXCEPT THOSE RIGHTS AND INTEREST SUPPLIED OR ESTABLISHED ARYEOF CREATION O F O F THE POLIITICALSUBDIVIS SUBDIVISION FOR IT WAS BOUND T PREPARED. P i a r s TOWN OF PROSPER .ENGSNEERSNG L 730 E. Park Blvd.,suite 210 P7mro,22 0075 EXHIBIT 'A' P �- wni 422-0077 eatt w7s) a2s-oo7s ! A 5249 DRAWN BY OIf0a BY I SCALE I DAIS I JOB NO. i WEEMS TRACT BLM I LVW I N.T.S. 11/22/09108-0101 33.026 ACRES Dn G'1200EJOBZD OPoyx MnoM,E.hN,W pW"161m dV 8 My;8h1u0 B T 1RXlOOY 7M] AM Paled by 8MUrMt Pbt Dab 1=20W 738 AM COLLIN COUNTY.TE%AD ELMER L TEMrLIN VOLUME 67M.rAGE 4661 VOLUME 1227,PAGE 172 D.R.C.C.T. D.R.C.C.T. 589°5512T N 1117.49' ly Z � 0 `Qp Y,*- I u O I =o= 61 O n I I 0 0 •g I (FIRST TRACT) w � 1 LELIA JOYCE WEEMS I o VOLUME 3493, PAGE 308 O � �O P.R.C.C.T. O a 33.026 ACRES 21 31 i COLLIN COUNTY SCHOOL i. LANn 5UIR\11 Y, ^ 6091'PA-T NO. 14"1 O r Z 1 I I N89051'2U W- 1072.42' WEST FIRST STREET POINT OF BEGINNING 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 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 0 F ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE BOUNDARY OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS PREPARED. p NaE NS TOWN OF PROSPER 730 E. Park Blvd.,Suite 210 Plano,71. 75074 ' ' (972) 422_0077 Par. (972) 422_0075 EXHIBIT A �tioFeSS\v��� DRAWN BY CFIECKM BY I SCALE I DATE I J06 140. WEEMS TRACT D. S U R BLM LVW h"=20011/22/091 08-0101 33.0 S pwwp Gi20a8.gB3106D101'te;er An„mOOn EYIWisWW`LbO10IUVEr 4.H Sa.a4B7 BI,.nEI— 1/1T/ 7-1- Pb by BWoo Pbl Dabs 1112!2009732 AM Exhibit`B" Voluntary Annexation Petition Form Annexation Agreement Page 14 MSL121608Weems 538299.v1 ANNEXATION PETITION TO THE MAYOR AND GOVERNING BODY OF THE TOWN OF PROSPER,TEXAS The undersigned owner(s)of the hereinafter described tract of land,which is vacant and without residents,or on which less than three(3)qualified voters reside, hereby petition your honorable body to extend the present Town limits so as to include as a part of the Town of Prosper,Texas,the following described territory,to wit: Description of the territory to be annexed by metes and bounds: I (We)certify that the above described tract of land is contiguous to the Town of Prosper,Texas, is not more than one-half (112)mile in width and that this petition is signed and duly acknowledged by each and every person or corporation having an interest in said land. Owner's Signature#1 THE STATE OF TEXAS COUNTY OF Before me,the undersigned authority,on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he or she executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office,this day of 20_. (SEAL) Notary Public in and for the State of Texas My commission expires: Owner's Signature#2(if applicable) THE STATE OF TEXAS COUNTY OF Before me,the undersigned authority,on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he or she executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office,this day of 20_. (SEAL) Notary Public in and for the State of Texas My commission expires: $250.00 Application Fee for Annexations 14 2009 Annexation Schedule J +ed l kinexsilion Fonnel Accepta nce, & and 1st Public Homing 2nd Public H* Ordinance Lefts to 1fi= 0 li!* in r� �S't�icl8rs+ � 11�TOWiY �tNCf �: �'�'1St ��t1WtI Council �(TOWI"t Council+� considered bY to 6:IX t Notices a� and o Public i at 6:OOPm 6: m Town Council at by'12: 3.lm 6:0a Monday Friday Tuesday Wednesday Monday Tuesday Tuesday Tuesday 1/05/09 I 1/16109 2/10109 2111109 2/16109 3110/09 3124/09 4114/09 2102/09 2/13/09 3/10/09 3/11109 3/16109 I 4/14/09 4/28/09 I 5/12109 3102/09 I 3/13/09 I 4114109 I 4/15109 4120109 I 5/12109 I 5/26/09 6/16/09 4/06109 I 4/17/09 I 5112109 I 5113109 5118109 6/09/09 I 6/23109 7/14109 5/04/09 I 5115109 619/09 6110109 6/15/09 7114/09 7128/09 I 8/11/09 6101/09 6112109 7/14/09 7/15/09 7/20/09 I 8/11/09 8/25/09 I 9/08/09 7106/09 7/17109 I 8111/09 8/12109 8117109 I 9/08109 I 9/22109 10/13/09 8103/09 I 8114109 I 918109 I 919/09 9/14/09 10/13/09 10122/09 I 11110/09 9/08/09(Tues) I 9/18/09 I 10113/09 I 10/14/09 10/19/09 11110109 11124/09 I 12/8/09 10/05/09 I 10/16109 11/10/09 I 11/11109 11/16/09 I 12108109 12/22/09 1/12/10 11102/09 I 11113109 1218109 12/9/09 12114109 I 1/12110 I 1126/10 2/09/10 12107/09 12/18/09 I 1/12/10 1/13110 1118110 2/09/10 2/23/10 I 3109/10 NOTE: Should the Town Council change any of their meeting dates or the DMN change their publication deadlines,dates are subject to change. 12 Exhibit"C" Utility Easement Form with Temporary Construction Easement Annexation Agreement Page 15 MSL121608Weems 538299.v1 EXHIBIT D Proposed First Street Right-of-Way Dedication Exhibit 4 F ®� 8 Mf J - ;J = s.. � ICI lip Iil�l - r >8 e -R Total area of First Street ROW Dedication = 12,525 square feet (0.2875 acres) EXHIBIT E Warranty Deed Form Annexation Agreement Page 16 MSL121608Weems 538299.v1 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. WARRANTY DEED = _- STATE OF TEXAS § § KNOW ALL.PERSONS BI'3?HESE PRESENTS: COUNTY OF COLLIN ;. As used herein, the following terms shalt,have`ihe folloNft meanings: Effective Date: Grantor: Grantor's Mailing Address (including county):'':"''?`:;;.,,;. Grantee: _ Grantee's Mailing Address (including county):' ., Consideration: `TE1D>QLLAS .($10.00) cash and other good and valuable consideration, the receipt ai! d sufficiency**'a .hich afehereby acknowledged Proper'y( cluding any % ovemefs): See Exffi it A attache iereto and made a part hereof for all purposes. Reservations fromnd Exceptions to Conveyance and Warranty: The Property conveyed herein is subject to the following: See Exhibit B attached hereto°and made a part hereof for all purposes. (NOTE: if no specific exceptions, use following paragraph instead of sentence above, and an Exhibit B won't be attached) This conveyance is made and accepted subject to any and all conditions and restrictions, if any, relation to the hereinabove described property, to the extent, and only to the extent, that the same may still be in force and effect, shown of record in the office of the County Clerk of County, Texas, and apparent easements. 522635-1 Exhibit"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 revisec :_ ' 'deleted) Current ad valorem taxes on said Property having been prorated, the payment thereof is assned by Grantee. r..,:.. When the context requires, singular nouns and:pronouns include the plural. STATE OF TEXAS COUNTY OF;Cfl IN :.. This instrument'wa acknot7iyleidged•before me on the day of 2006, by _ ..; of behalf-of said Notary Public - State of Texas PREPARED IN THE OFFICE OF: AFTER RECORDING, RETURN TO: Abernathy,Roeder,Boyd&Joplin,P.C. Insert Grantee's name: 1700 Redbud Boulevard, Suite 300 Insert Grantee's address: McKinney, Texas 75069 1 EXHIBIT A Legal Description _ i1- EXHIBIT B Exceptions ' 2.