09-074 - R TOWN OF PROSPER, TEXAS RESOLUTION NO. 09-074
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 JOE WAYNE CHESNEY.
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 Joe Wayne Chesney.
SECTION 2: Resolved by the affirmative vote of the Town Council on the 28`x' day of
July, 2009.
6hAes Niswanger, Mayor
ATTEST TO:
��®�94111[AIOp�
�► ®i a
atthew D. Denton, TRMC :
own Secretary ' =
1110, ®®
jor
AFTER RECORDING,
RETURN TO:
Town of Prosper
Attn: Matthew D. Denton
P.O. Box 307
Prosper,TX 75078
STATE OF TEXAS §
§ ANNEXATION AGREEMENT
COUNTY OF COLLIN §
,,rr
This Annexation Agreement ("Amement") is made and entered into as of this�day of
A.UN,t( , 2009, ("Effective Date") by and between the Town of Prosper, Texas, ("Town")
and JoJ�Vayne Chesney ("Owner") on the terms and conditions hereinafter set forth.
WHEREAS, Owner owns approximately 5.765 acres, more or less, situated in the George
Horn Survey, Abstract 412, 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
limited to submittal of site plans and plats)and development standards(including but not limited to
Annexation Agreement
Joe Wayne Chesney Page 1
masonry requirements,parking standards and landscaping standards) set forth by the ordinances of
Town (including but not limited to the Comprehensive Zoning Ordinance and the Subdivision
Regulations)as they exist or may be amended. Prior to annexation,the Property shall be developed
as if it has been designated with agriculture zoning.
3. Annexation and Zoning. Town will not annex the Property,unless requested to do so
by Owner, during the term of this Agreement provided that Owner complies with the terms and
conditions of this Agreement. The parties agree that Town, in its sole discretion, shall determine
whether Owner is in compliance with the Agreement and whether it will approve annexation of the
Property. Simultaneously with the termination of this Agreement,Town and Owner agree that Town
may, in its sole discretion, initiate annexation proceedings for the Property (the "Annexation").
OWNER HEREBY RELEASES TOWN, ITS COUNCIL MEMBERS, OFFICERS, AGENTS,
REPRESENTATIVES AND EMPLOYEES,FROM AND AGAINST,AND WAIVES ANY AND ALL RIGHTS
TO, ANY AND ALL CLAIMS AND/OR OBJECTIONS, IT/THEY MAY HAVE WITH REGARD TO THE
ANNEXATION AS DESCRIBED IN THIS PARAGRAPH.
4. Water and Sewer Service. Following annexation of the Property by Town, Town
agrees to provide sanitary sewer service for the Property in the same manner and in accordance to the
same regulations as any development in Town and in accordance with the annexation service plan.
Town agrees to provide water service for the Property in the same manner and in accordance to the
same schedule as any development in Town if it can lawfully do so. Upon being requested to do so
by Town, Owner agrees to execute and convey an easement to Town, at no cost to Town, on that
portion of the Property reasonably needed by Town,in Town's sole discretion,to be used as a utility
easement for water and sewer service, free from any liens or other encumbrances, for the
construction and/or extension of water or sewer facilities. Said easement shall be materially in the
same form as Exhibit`B"and Exhibit"C",attached hereto and incorporated herein for all purposes,
and shall contain legal descriptions and diagrams of the easement.
5. Right-of-Wav Dedication for Custer Road(FM 2478). 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 Custer Road
(FM 2478), free from any liens or other encumbrances, for the construction and/or extension of
Custer Road(FM 2478)("ROW Property"). Said right-of-way dedication shall be by warranty deed
materially in the same form as Exhibit"D",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
Annexation Agreement
Joe Wayne Chesney Page 2
arising.
8. Term. This Agreement is an agreement authorized by Section 212.172 of the Texas
Local Government Code. The term of this Agreement shall be five(5)years from the effective date.
The term of this Agreement shall not be affected by the fact that some or all of the Property is
annexed into the corporate limits of Town.
9. Default. If any party breaches any of the terms of this Agreement, then that party
shall be in default ("Defaulting Party") of this Agreement ("Event of Default"). If an Event of
Default occurs,the non-defaulting party shall give the Defaulting Party written notice of such Event
of Default,and if the Defaulting Party has not cured such Event of Default within thirty(30)days of
said written notice,this Agreement is breached. Each party is entitled to all remedies available to it
at law or in equity.
10. Notice. Any notice required or permitted to be delivered hereunder shall be deemed
to be delivered,whether or not actually received,when deposited in the United States Mail,postage
pre-paid,certified mail,return receipt requested,addressed to either party,as the case may be,at the
addresses contained below:
Town: Town of Prosper
P.O. Box 307
Prosper, Texas 75078
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: Joe Wayne Chesney
8630 CR 853
MCKINNEY, TX 75071
11. Miscellaneous.
(a) Assignment. This Agreement is assignable. If all or any portion of the
Property is transferred, sold or conveyed, the Owner shall give notice immediately to Town of the
name, address,phone number and contact person of the person or entity acquiring an interest in the
Property. This Agreement shall run with the land and shall be binding on and inure to the benefit of
the Owners' successors and assigns.
Annexation Agreement
Joe Wayne Chesney Page 3
(b) Compliance with Ordinances. Except as provided for in this Agreement,the
parties agree that the Owners shall be subject to all ordinances of Town. All construction will be in
accordance with applicable ordinances and regulations of Town, whether now existing or in the
future arising.
(c) Entire Agreement. This Agreement contains the entire agreement of the
parties with respect to the matters contained herein and may not be modified or terminated except
upon the mutual written agreement of the parties hereto.
(d) Venue. This Agreement shall be construed in accordance with the laws of the
State of Texas and shall be performable in Collin County,Texas. Exclusive venue shall be in Collin
County, Texas.
(e) Consideration. This Agreement is executed by the parties hereto without
coercion or duress and for substantial consideration,the sufficiency of which is forever confessed.
(f) Counterparts. This Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes.
(g) 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) 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.
Annexation Agreement
Joe Wayne Chesney Page 4
(k) Sovereign Immunity. The parties agree that Town has not waived its
sovereign immunity by entering into and performing their respective 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.
(m) Incomoration of Recitals. The Recitals above are incorporated herein as if
repeated verbatim.
(n) No Chapter 245 Permit. This Agreement, and any requirement contained in
this Agreement, shall not constitute a"permit"as defined in Chapter 245,Texas Local Government
Code. THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
IN WITNESS WHEREOF, the parties have executed this Agreement and caused this
Agreement to be effective on the latest date as reflected by the signatures below.
TOWN OF P S , TEXAS
_ By:
*atthewD. ike Lank.Town Manager
TRMC
ER:
Z L�Ct '�+�►z_. l Jir LU
Joe Wayne ChesnJy
Annexation Agreement
Joe Wayne Chesney Page 5
STATE OF TEXAS §
COUNTY OF COLLIN §
BEFORE ME, the undersigned authority, on this day personally appeared Mike Land,
Town Manager of Town of Prosper, Texas, being the person whose names are subscribed to the
foregoing instrument; he acknowledged to me he is the duly authorized representative for Town of
Prosper, Texas, and he executed said instrument for the purposes and consideration therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
2009.
_a
I "r PAMELA A. EVANS Notary Public in and for the State of Texas
r 1^ ,-,ry Fu"'ic,state 0 Texas My Commission Expires:
'vlv C_nnlrmission Expires
M-arch 30, 2011
STATE OF TEXAS §
COUNTY OF COLLIN §
BEFORE ME, the undersigned authority, on this day personally appeared
Joe hl�yne Chtsneq ,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 a7 day of
A-jori.) , 2009.
Nary lic in and or the State of Texas
My Commission Expires:
Fe bru.ar� o S , a old.
SUZANNE VOLPE-BRANDON
Notary Public,State of Texas
rs' � My Commission Expires
,$;+++ FNbruary 08,2012
Annexation Agreement
Joe Wayne Chesney Page 6
Exhibit"A"
Description and Depiction of Property
Annexation Agreement
Joe Wayne Chesney Page 7
ME
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g P[IXCE HUN 9JR1M.ABSTRACT No.412
Si THIS DOCUMENT,PREPARED UNDER E TAC ND SURVEY,GOES NOT UU O "I
REFLECT THE RESULTS OF AN ON THE GROUND SURVEY,AND IS n m Fna no
9^Q NOT TO BE USED TO CONVEY OR ESTABLISH INTEREST IN REAL Owne.�An .nt er/Swr.-ev-
PROPERTY EXCEPT THOSE RIGHTS AND INTEREST SUPPIJED OR Taw OE FPP—,Te 5pi.n En9 ring,for
ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE T 211
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—A T-w .LINE 22,2009 SHEET 1 OF 1
Exhibit "B"
Water Line Easement Form
with Temporary Construction Easement
Annexation Agreement
Joe Wayne Chesney Page 8
"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, PLEASE RETURN TO:
Town of Prosper
Attn: Matt Denton, Town Secretary
121 W. Broadway Street
P.O. Box 307
Prosper, TX 75078
WATER LINE EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF COLLIN §
THAT, a whether one or more,
hereinafter called "Grantor," for and in consideration of the sum of ONE DOLLAR ($1.00) and other
good and valuable consideration to Grantor in hand paid by the TOWN OF PROSPER, TEXAS, a
Texas Home Rule Municipal Corporation, hereinafter called "Grantee", the receipt and sufficiency of
which are hereby acknowledged, does GRANT, DEDICATE, SELL and CONVEY to the Grantee, the
easement and right to construct, reconstruct, operate, alter, relocate and perpetually maintain water
line facilities, (the "Facilities"), together with all incidental improvements, and all necessary laterals in,
upon and across certain real property located in the Town of Prosper, Collin County, Texas, as more
particularly described in Exhibit "A", which is attached hereto and made a part hereof by reference as
if fully set forth herein (the "Easement Property"). This conveyance also includes a temporary
construction easement as described on Exhibit "B" attached hereto for the purpose of excavation,
construction and laying of the Facilities within the Easement Property described herein (the
"Temporary Construction Easement'). The Temporary Construction Easement granted herein will
terminate and cease upon the completion of the construction of the Facilities and acceptance of the
Facilities by the Town of Prosper. 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 easement may be removed from said premises by Grantee.
442479-1
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 and/or Temporary
Construction Easement, or any part thereof, and with the right of access across Grantor's adjacent
property for ingress and egress to the Easement Property for the purpose of constructing,
reconstructing, altering, operating, relocating and maintaining the Facilities, and all incidental
improvements and for making connections therewith. Grantee, its successors and assigns, shall
have the right to construct, reconstruct and perpetually maintain additional Facilities at all times in the
future within the Easement Property.
Grantee will at all times after doing any work in connection with the construction, operation or
repair of the Facilities, restore the surface of the Easement Property and/or Temporary Construction
Easement 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 and/or
Temporary Construction Easement that were removed as a result of such work.
Grantor does hereby bind itself and its successors to WARRANT AND FOREVER DEFEND all
and singular the Easement Property and Temporary Construction Easement unto Grantee, its
successors and assigns, against every person whomsoever lawfully claiming or to claim the same or
any part thereof, by, through or under Grantor, but not otherwise.
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 exclusive, and Grantor covenants that
Grantor will not convey any other easement or conflicting rights within the area covered by this grant.
EASEMENTSMATERDOC Page 2
This instrument shall not be considered as a deed to the Easement Property or any part
thereof, and the right is hereby reserved to Grantor, its successors and assigns, to use such property
to landscape and build and construct fences, driveways and other associated improvements over or
across said easement; provided, however, that in no event shall a wall, structure or building of any
type other than those previously described or any piling, pier or isolated footing of any wall, structure
or building be placed directly on said Easement Property.
This instrument shall constitute a covenant running with the land and shall benefit and burden
the applicable real properties described herein and shall inure to the benefit of, and be binding upon,
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.
The individual executing this instrument on behalf of the Grantor represents that all
appropriate and necessary actions have been taken to authorize the individual who is executing this
instrument to do so for and on behalf of the Grantor, that there are no other parties or entities
required to execute this instrument in order for the same to be an authorized and binding agreement
on the Grantor and that the individual affixing his or her signature hereto is authorized to do so, and
such authorization is valid and effective on the date hereof.
442479-]
SIGNED my hand this day of 200_.
GRANTORS NAME HERE
By:
Name:
Title:
Address:
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on the day of 200` by
its of the a
corporation, on behalf of said corporation.
Notary Public in and for the
State of Texas
EASEMENTSMATER.DOC Page 4
JOINDER OF LIENHOLDER
The undersigned, being the holder(s) of the liens against a portion of the Water Line
Easement Property and Temporary Construction Easement evidenced by..
Deed of Trust dated recorded under Clerk's File No.
from , a Texas , to Trustee,
securing payment of one certain promissory note of even date therewith in the principal
amount of $ , payable to the order of ; said
Note being additionally secured by a Vendor's Lien of even date retained in Deed,
executed by to a Texas
recorded under Clerk's File No. and subject to
all of the terms and conditions and stipulations contained therein, including but not
limited to, any future indebtedness also secured by this lien,
hereby consents to the execution of the foregoing Water Line Easement and Temporary Construction
Easement agrees that in the event of a foreclosure of the Water Line Easement Property and/or
Temporary Construction Easement or any portion thereof and/or the underlying property or any
portion thereof (or deed in lieu thereof), the Water Line Easement and Temporary Construction
Easement will remain in full force and effect and shall not be extinguished by such foreclosure (or
deed in lieu thereof).
[insert name of lienholder(s)]
STATE OF TEXAS
COUNTY OF
BEFORE ME, the undersigned authority, on this day personally appeared
; he/she acknowledged to me he/she 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
2006.
Notary Public in and for the State of Texas
My Commission Expires:
442479-1
Exhibit "C"
Sanitary Sewer Easement Form
with Temporary Construction Easement
Annexation Agreement
Joe Wayne Chesney Page 9
"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, PLEASE RETURN TO:
Town of Prosper
Attn: Matt Denton, Town Secretary
121 W. Broadway Street
P.O. Box 307
Prosper, TX 75078
SANITARY SEWER EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT
THE STATE OF TEXAS
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF COLLIN §
THAT, a whether one or more,
hereinafter called "Grantor," for and in consideration of the sum of ONE DOLLAR ($1.00) and other
good and valuable consideration to Grantor in hand paid by the TOWN OF PROSPER, TEXAS, a
Texas Home Rule Municipal Corporation, hereinafter called "Grantee", the receipt and sufficiency of
which are hereby acknowledged, does GRANT, DEDICATE, SELL and CONVEY to the Grantee, the
easement and right to construct, reconstruct, operate, alter, relocate and perpetually maintain
sanitary sewer facilities, (the "Facilities"), together with all incidental improvements, and all necessary
laterals in, upon and across certain real property located in the Town of Prosper, Collin County,
Texas, as more particularly described in Exhibit "A", which is attached hereto and made a part hereof
by reference as if fully set forth herein (the "Easement Property"). This conveyance also includes a
temporary construction easement as described on Exhibit "B" attached hereto for the purpose of
excavation, construction and laying of the Facilities within the Easement Property described herein
(the "Temporary Construction Easement"). The Temporary Construction Easement granted herein
will terminate and cease upon the completion of the construction of the Facilities and acceptance of
the Facilities by the Town of Prosper. As part of the grant hereby made, it is agreed between the
442479-1
parties hereto that any stone, earth, gravel or caliche which may be excavated in the opening,
construction or maintenance of said easement may be removed from said premises by Grantee.
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, Property and/or
Temporary Construction Easement or any part thereof, and with the right of access across Grantor's
adjacent property for ingress and egress to the Easement Property for the purpose of constructing,
reconstructing, altering, operating, relocating and maintaining the Facilities, and all incidental
improvements and for making connections therewith. Grantee, its successors and assigns, shall
have the right to construct, reconstruct and perpetually maintain additional Facilities at all times in the
future within the Easement Property.
Grantee will at all times after doing any work in connection with the construction, operation or
repair of the Facilities, restore the surface of the Easement Property and/or Temporary Construction
Easement 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 and/or
Temporary Construction Easement that were removed as a result of such work.
Grantor does hereby bind itself and its successors to WARRANT AND FOREVER DEFEND all
and singular the Easement Property and Temporary Construction Easement unto Grantee, its
successors and assigns, against every person whomsoever lawfully claiming or to claim the same or
any part thereof, by, through or under Grantor, but not otherwise.
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.
Page 2
The easement rights and privileges granted herein are exclusive, and Grantor covenants that
Grantor will not convey any other easement or conflicting rights within the area covered by this grant.
This instrument shall not be considered as a deed to the Easement Property or any part
thereof, and the right is hereby reserved to Grantor, its successors and assigns, to use such property
to landscape and build and construct fences, driveways and other associated improvements over or
across said easement; provided, however, that in no event shall a wall, structure or building of any
type other than those previously described or any piling, pier or isolated footing of any wall, structure
or building be placed directly on said Easement Property.
This instrument shall constitute a covenant running with the land and shall benefit and burden
the applicable real properties described herein and shall inure to the benefit of, and be binding upon,
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.
The individual executing this instrument on behalf of the Grantor represents that all
appropriate and necessary actions have been taken to authorize the individual who is executing this
instrument to do so for and on behalf of the Grantor, that there are no other parties or entities
required to execute this instrument in order for the same to be an authorized and binding agreement
on the Grantor and that the individual affixing his or her signature hereto is authorized to do so, and
such authorization is valid and effective on the date hereof.
I
SIGNED my hand this day of 200_.
GRANTORS NAME HERE
By:
Name: I
Title:
Address: I
I
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on the day of 200_ by
its of the a
corporation, on behalf of said corporation.
Notary Public in and for the
State of Texas
Page 4
JOINDER OF LIENHOLDER
The undersigned, being the holder(s) of the liens against a portion of the Easement Property
and Temporary Construction Easement evidenced by:
Deed of Trust dated recorded under Clerk's File No.
from , a Texas , to Trustee,
securing payment of one certain promissory note of even date therewith in the principal
amount of $ , payable to the order of ; said
Note being additionally secured by a Vendor's Lien of even date retained in Deed,
executed by to a Texas
recorded under Clerk's File No. and subject to
all of the terms and conditions and stipulations contained therein, including but not
limited to, any future indebtedness also secured by this lien,
hereby consents to the execution of the foregoing Sanitary Sewer Easement and Temporary
Construction Easement agrees that in the event of a foreclosure of the Easement Property and/or
Temporary Construction Easement or any portion thereof and/or the underlying property or any
portion thereof (or deed in lieu thereof), the Sanitary Sewer Easement and Temporary Construction
Easement will remain in full force and effect and shall not be extinguished by such foreclosure (or
deed in lieu thereof).
[insert name of lienholder(s)]
STATE OF TEXAS
COUNTY OF
BEFORE ME, the undersigned authority, on this day personally appeared
; he/she acknowledged to me he/she 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
2007.
Notary Public in and for the State of Texas
My Commission Expires:
"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, PLEASE RETURN TO:
Town of Prosper
Attn: Matt Denton, Town Secretary
121 W. Broadway Street
P.O. Box 307
Prosper, TX 75078
RIGHT OF WAY WARRANTY DEED
STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF §
That , a Texas ("Grantor"),whether one or more,
for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) cash in hand to
Grantor paid by the TOWN OF PROSPER, TEXAS, a Texas Home Rule Municipal Corporation
("Grantee") the receipt of which is hereby acknowledged, and for which no lien is retained, either
expressed or implied, has this day GRANTED and by these presents does GRANT, GIVE, and
CONVEY unto the said Grantee all the following described real estate, to-wit:
Being acres of land, more or less, in the
Survey, Abstract No. , in the Town of
Prosper, County, Texas, more particularly
depicted and described in Exhibits "A" and "B", respectively,
attached hereto and incorporated herein for all purposes (the
"Property").
The warranty contained herein is subject to: (i)any and all mineral reservations,restrictions,
covenants,conditions and easements,if any,relating to the above-described property,but only to the
extent that they are still in effect and shown of record in County, Texas; and(ii)all
zoning law regulations and ordinances of municipal and/or other governmental authorities, if any,
but only to the extent that they are still in effect and relate to the Property.
RIGHT OF WAY WARRANTY DEED—Page 1
450881.v1
TO HAVE AND TO HOLD the above-described premises,together with all and singular the
rights and appurtenances thereto in anywise belonging unto the said Grantee, Grantee's successors,
and assigns forever.
And Grantor does hereby bind Grantor, Grantor's heirs, executors, administrators and
assigns, to warrant and forever defend all and singular the said premises unto the said Grantee,
Grantee's successors and assigns,against every person whomsoever lawfully claiming or attempting
to claim the same or any part thereof.
This instrument may be executed in a number of identical counterparts, each of which shall
be deemed an original for all purposes.
EXECUTED on the dates appearing in the acknowledgements below, however, to be
effective on this day of , 200_
[type grantors name],
a Texas
By:
[type name and title]
RIGHT OF WAY WARRANTY DEED—Page 2
450881.v1
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; he acknowledged to me that he is the and duly
authorized representative of , a Texas ;
and that he executed said instrument for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
200 .
Notary Public in and for the State of Texas
My Commission Expires:
RIGHT OF WAY WARRANTY DEED—Page 3
asoasi.,d
LIENHOLDER'S CONSENT TO PARTIAL RELEASE OF LIEN:
The undersigned, being the holder(s) of the lien against a portion of the Property and
Temporary Construction Easement evidenced by:
Deed of Trust dated recorded under Clerk's File No.
from I to
Trustee, securing payment of one certain promissory
note of even date therewith in the principal amount of$ ,
payable to the order of ; said Note being additionally
secured by a Vendor's Lien of even date retained in Deed, executed by
to recorded under
and subject to all of the terms and conditions and
stipulations contained therein, including but not limited to, any future indebtedness
also secured by this lien,
hereby consents to the execution of the foregoing Right of Way Warranty Deed and agrees that in the
event of a foreclosure of the Property or any portion thereof and/or the underlying property or any
portion thereof(or deed in lieu thereof),the conveyance made by this deed will remain in full force and
effect and shall not be extinguished by such foreclosure (or deed in lieu thereof).
Bank, a
By:
Printed Name:
Its:
Address:
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on the day of ,200_,by
, the and duly authorized representative of
Bank, a on behalf of said corporation.
Notary Public, State of Texas
PREPARED IN THE OFFICES OF:
ABERNATHY, ROEDER, BOYD&JOPLIN, P.C.
1700 Redbud Blvd., Suite 300
McKinney, TX 75070
RIGHT OF WAY WARRANTY DEED—Page 4
450881M