12-24 - R TOWN OF PROSPER, TEXAS RESOLUTION NO. 12-24
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER
OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE AMENDMENT
NO. 1 TO THE COVENANTS, CONDITIONS, AND RESTRICTIONS
BETWEEN DENTON COUNTY FRESH WATER SUPPLY DISTRICT
NO. 10, HUFFINES COMMUNITIES, INC., BINARY INVESTMENTS,
INC., SEALED BID DFW, L.P, INWOOD PLAZA JOINT VENTURE, AND
THE TOWN OF PROSPER.
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 execute, on behalf of the Town Council of the Town of Prosper, Texas,
Amendment No. 1 to the Covenants, Conditions, and Restrictions between Denton
County Fresh Water Supply District No. 10, Huffines Communities, Inc., Binary
Investments, Inc., Sealed Bid DFW, L.P, Inwood Plaza Joint Venture, and the Town of
Prosper, as hereto attached.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 10th of April, 2012.
in
Ray Smith, M�yor
ATTEST TO:
A i na, MC
v�o r tf*;y
e• • t'•s B
0
a • r
• r
• r
r • ® "� r
• s ♦
f y
m h
T C
Denton County
Cynthia Mitchell
County Clerk
Denton, Tx 76202
T 21'2 OC Q 59'
Instrument Number: 2012-37591
As
Recorded On: April 12,2012 Amendment
Parties: TOWN OF PROSPER Billable Pages: 12
To Number of Pages: 12
Comment:
(Parties listed above are for Clerks reference only)
** Examined and Charged as Follows: **
Amendment 60.00
Total Recording: 60.00
DO NOT REMOVE. THIS PAGE IS PART OF THE INSTRUMENT
Any provision herein which restricts the Sale,Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information: Record and Return To:
Document Number: 2012-37591
Receipt Number: 893091 TOWN OF PROSPER
Recorded Date/Time: April 12, 2012 09:57:53A ATTN TOWN SECRETARY
PO BOX 307
User/Station: C Robinson -Cash Station 4 PROSPER TX 75078
THE STATE OF TEXAS)
C�u COUNTY OF DENTON}
I hereby certify that this instrument was FILED in the File Number sequence on the datefurne
printed heron,and was duly RECORDED In the Official Records of Denton County,Texas.
1s4s County Clerk
Denton County, Texas
"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 DRIVERS'
LICENSE NUMBER."
AMENDMENT NO. 1
TO THE
COVENANTS, CONDITIONS, AND RESTRICTIONS
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AMENDMENT NO. 1 (the "AMENDMENT") to that certain COVENANTS,
CONDITIONS, AND RESTRICTIONS (the "CCRs") is made and entered into by and
between DENTON COUNTY FRESH WATER SUPPLY DISTRICT NO. 10, HUFFINES
COMMUNITIES, INC., BINARY INVESTMENTS, INC., SEALED BID DFW, L.P., and
INWOOD PLAZA JOINT VENTURE and the TOWN OF PROSPER, TEXAS, a Texas
Home-Rule Municipal Corporation ("Town").
RECITALS:
WHEREAS, Denton County Fresh Water Supply District No. 10, Huffines
Communities, Inc., Binary Investments, Inc., Sealed Bid DFW, L.P., and Inwood
Plaza Joint Venture, entered into an agreement and designated 32.918 acres of land
as Open Space to the Town by instrument recorded on August 18, 2003, under
Clerk's File No. 2003-RO135161 (Volume 5398, Page 3401), Real Property Records
of Denton County, Texas ("Open Space"). The Open Space is incorporated herein by
reference as if fully set forth herein. Exhibit A is attached hereto and made a part
thereof for ease of understanding; and
WHEREAS, the intent of the Open Space was to be used for "drainage purposes
(including grading and the construction of detention and retention facilities as well as
other drainage improvements) as necessary for development" and to be used for
"recreational purposes, such as parks, playgrounds, and athletic fields'; and
WHEREAS, at the time, the Open Space was located within a floodplain area
according to the Federal Emergency Management Agency's Flood Insurance Rate Map
48121 C0430 E, dated April 2, 1997; and
WHEREAS, now, the Open Space is designated in an area located outside a
floodplain area according to the Federal Emergency Management Agency's Flood
Insurance Rate Map 48121 C0430 G, dated April 18, 2011; and
RELEASE OF OPEN SPACE(ARTESIA) Page 1
605897
s ,
WHEREAS, the Town has investigated and determined that there no longer
exists a public necessity for approximately 0.256 acres of Open Space as a result of
development of the subject area; and
NOW, THEREFORE, for and in consideration of the premises, the above recitals
and the covenants herein contained, the receipt and sufficiency of which are hereby
acknowledged, the Town agrees to release and does hereby release the Open Space
described and depicted on Exhibit B (the "Open Space Release").
IN WITNESS WHEREOF, the Town has executed this Release as of, but not
necessarily on, the day and year first above written.
TOWN OF PROSPER EXAS,
a Texas Home-Rule nicipal Corporation
.
By-
L ND
Town Manager
P.O. Box 307
Prosper, TX 75078
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF COLLIN §
This instrument was acknowledged before me this day of IC
,
2012, by MIKE LAND, Town Manager of the TOWN OF PROSPER, T S, a Texas
Home-Rule Municipal Corporation, for and on behalf of said municipal corporation.
Notary Pu c, tate of Texas
AW MEMA PK KW
MY COMMISSION EXPIRES
AFTER RECORDING, PLEASE RETURN TO: '"`;,; f JarM8,2D13 ,
Town of Prosper
Attn:Town Secretary
121 W. Broadway Street
P.O. Box 307
Prosper, TX 75078
RELEASE OF OPEN SPACE(ARTESIA) Page 2
605897
DENTON COUNTY FRESH WATER SUPPLY
DISTRICT NO. 10
By: �
Name: 12o&py-f im, . Tc5K o
Title: President
Address: 3100 McKinnon Street, Suite 950
Dallas, Texas 75201
E-Mail: ccrawf ord@ crawl aw.net
Date: 3
THE STATE OF TEXAS §
COUNTY OF D §
BEFORE ME, the undersigned authority, on this day personally appeared
1�.3 . TaAL_t-e_ , President, Denton County Fresh Water
Supply District No. 10, known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he/she executed the same for the
purposes and consideration therein expressed, in the capacity therein stated and as
the act and deed of said District.
GIVEN under my hand and seal of office this day of (Ylwi c���
2012.
Notary u is in an�fel�the Stkte of Te)as
LISA ILOOMf1ELD
s.►.. Notary PubIIC.Stour of T*X05
MY commission Expires
June 27 27.,201'5
I
RELEASE OF OPEN SPACE(ARTESIA) Page 3
605897
Huffines Communities, Inc.
By:
Name: I'WIlip W. Huff(nes
Title: Vice President
Address: 8200 Douglas Avenue, Suite 300
Dallas, Texas 75225
E-Mail: phuffines @huffinescommunities.com
Date:THE STATE OF TEXAS §
COUNTY OF DALLAS §
BEFORE ME, the undersigned authority, on this day personally appeared
PHILLIP W. HUFFINES, Vice President, Huffines Communities, Inc., known to me to be
the person whose name is subscribed to the foregoing instrument, and acknowledged
to me that he executed the same for the purposes and consideration therein expressed,
in the capacity therein stated and as the act and deed of said corporation.
GIVEN under my hand and seal of office this 6 day of , 2012.
�aI RoXMmCAeAm Notary Public in and for the State of Texas
=
$ MY COMMISSION EXPIRES
Nxvq 17.2013
RELEASE OF OPEN SPACE(ARTESIA) Page 4
605897
Binary Investments, Inc.
By: �'� ►�f/
Name: Phillip W. Huffines
Title: President
Address: 8200 Douglas Avenue, Suite 300
Dallas, Texas 75225
E-Mail: phuffines @huffinescommunities.com
Date: �--
THE STATE OF TEXAS §
COUNTY OF DALLAS §
BEFORE ME, the undersigned authority, on this day personally appeared
PHILLIP W. HUFFINES, President, Binary Investments, Inc., known to me to be the
person whose name is subscribed to the foregoing instrument, and acknowledged to
me that he executed the same for the purposes and consideration therein expressed, in
the capacity therein stated and as the act and deed of said corporation. �
GIVEN under my hand and seal of office this_-L day of�aicC, 2012.
ROXAPNECnMM
MY COMMISSION EXPIRES
Fobn"17,2013 Notary Public in and for the State of Texas
RELEASE OF OPEN SPACE(ARTESIA) Page 5
605897
SEALED BID DFW, L.P.,
a Texas limited partnership
By: HC Operating, L.P., its general partner
By: HC Operating, GP, LLC, its general partner
By:
Name: Phillip W. Huffines
Title: Managing Director
Address: 8200 Douglas Avenue, Suite 300
Dallas, Texas 75225
E-Mail: phuffines @huffinescommunities.com
Date: 3 f�► /-y
THE STATE OF TEXAS §
COUNTY OF DALLAS §
BEFORE ME, the undersigned authority, on this day personally appeared
PHILLIP W. HUFFINES, Managing Director of HC Operating GP, LLC, general partner
of HC Operating, L.P., general partner of Sealed Bid DFW, L.P., a Texas limited
partnership, acknowledged to me that he executed the same for the purposes and
consideration therein expressed, in the capacity therein stated and as the act and deed
of said limited partnership.
GIVEN under my hand and seal of office this ?_5 day of , 2012.
,jin
My 00MMISSON s
F*LWy17,2013 Notary ublic in
ry and for the State of Texas
RELEASE OF OPEN SPACE(ARTESIA) Page 6
605897
Inwood Plaz Jo' t Ve re
By:
Name: ay B`J0 s
Title: Joint Ven re Partner
Address: 2000 North Central Expressway
Suite 200
Plano, Texas 75074
E-Mail: jay@amer[icanequity.net
Date: 201-
THE STATE OF TEXAS §
COUNTY OF 4AI ) §
BEFORE ME, the undersigned authority, on this day personally appeared JAY
B. JONES, Joint Venture Partner, Inwood Plaza Joint Venture, acknowledged to me
that he executed the same for the purposes and consideration therein expressed, in the
capacity therein stated and as the act and deed of said joint venture ,7Lly _ T
GIVEN under my hand and seal of office this day of �/ , 2012.
Marti Taylor
Notary Public.
State of Texas Notary'Public in and f the State of Texas
Comm.Up. I I-18-M
RELEASE OF OPEN SPACE(ARTESIA) Page 7
605897
i
s
— l
1
T
r
2
_ LIMITS OF 100-YEAR '�y� ��• n
a--� . - �FLOODPLAIN
E� t`
�� �'_ I .A8�ANDONED, _ - `I PROPERTY LINE 1 m
3p0, 9Jq NP.ROf.1__ - QL_ ROW1 - i v
VOL 53g8E�GPg6E` ----------------S—____ mac, � ,��—_—---------r------- -------
R.P 34 60'❑_Y EASEMENT 6p•p,iinr CwSEMENT
'� — R•O C T 01 0o R,R2 05T6930 OOC NO 2WS-6929 300 OPEN SPACE � N
— — RPROCr —�VOL 5398, PG. 3401
— '--------* ---------------------------------- ----D_C.T.-------------
- j o
r LIMITS OF 100-YEAR
- FLOODPLAIN
v
I H
'
I I
UO
a
U
CL
a
EXHIBIT "A"
OPEN SPACE AREA TO BE RELEASED W
ARTESIA
DCFWSD No. 10
N
®AREA TO BE RELEASED DENTON COUNTY, TEXAS C,
GO
PETITT BARRAZA�
ENGINEERING PLANNING SURV EYINE; x
W
TOPE FIRM REGISTRATION NO. 1188
Rd
/
O
O
J00 Munlclpal 0`7 TN No ((211))221-9955
R�cnoYeson, Tez 75080 To.No.(214)310-3550 0
DATE: FEBRUARY, 2012 SCALE: I"-500'
O
N
' JOB NO 11033-00 /
EXHIBIT`B"
OPEN SPACE RELEASE
0.256 ACRES
BEING a tract of land situated in the LOUISA NETHERLY SURVEY, ABSTRACT
NO. 962, in Denton County,Texas, said tract being a portion of a called 35.335 acre tract
of land described as Tract One in a deed to Lennar Homes of Texas Land and
Construction, Ltd., recorded as Document No. 2011-64759, Real Property Records,
Denton County, Texas, and being more particularly described as follows:
BEGINNING at a point on the east line of a called 220.600 acre tract of land described
in a deed to Suncrest Properties, L.P., recorded as Document No. 2004-800, of said Real
Property Records, said point being the northeast corner of a 32.918 acre tract of land
described as "Open Space" in Exhibit F of the Covenants, Conditions, and Restrictions,
recorded in Volume 5398,Page 3401 of said Real Property Records, said point also being
the beginning of a curve to the right;
THENCE along the north line of said 32.918 acre tract, the following courses and
distances:
Westerly, along said curve to the right which has a chord that bears South 87
degrees 20 minutes 12 seconds West for 703.82 feet,a central angle of 12 degrees
50 minutes 27 seconds and a radius of 3147.03 feet, for an arc distance of 705.30
feet to a point for the beginning of a reverse curve to the left;
Westerly, along said reverse curve to the left which has a chord that bears
North 89 degrees 03 minutes 46 seconds West for 718.68 feet, a central angle of
05 degrees 38 minutes 22 seconds and a radius of 7304.45 feet, for an arc distance
of 718.97 feet to a point on the south line of said 35.335 acre tract for the POINT
OF BEGINNING;
THENCE along the south line of said 35.335 acre tract, the following courses and
distances:
South 84 degrees 57 minutes 07 seconds West, a distance of 405.82 feet to a 5/8-
inch iron rod with cap marked "PETITT-RPLS 4087'found for corner;
South 87 degrees 03 minutes 23 seconds West, a distance of 55.71 feet to a 5/8-
inch iron rod with cap marked"PETITT-RPLS 4087' found for corner;
North 89 degrees 57 minutes 34 seconds West, a distance of 55.89 feet to a 5/8-
inch iron rod with cap marked "PETITT-RPLS 4087'found for corner;
North 87 degrees 08 minutes 18 seconds West, a distance of 55.86 feet to a 5/8-
inch iron rod with cap marked"PETITT-RPLS 4087'found for corner;
Sheet 1 of 3
February 288,2012
F.\LEGALS\2011\11033\0.256Ac Open Space Release.doc
North 84 degrees 19 minutes 06 seconds West, a distance of 55.85 feet to a 5/8-
inch iron rod with cap marked"PETITT-RPLS 4087'found for corner;
North 81 degrees 40 minutes 24 seconds West, a distance of 49.20 feet to a 5/8-
inch iron rod with cap marked "PETITT-RPLS 4087' found for corner;
North 78 degrees 47 minutes 06 seconds West, a distance of 54.21 feet to a 5/8-
inch iron rod with cap marked "PETITT-RPLS 4087'found for corner;
North 70 degrees 36 minutes 02 seconds West, a distance of 23.21 feet to a point
intersecting the south line of said 35.335 acre tract and the north line of said Open
Space;
THENCE over and across said 35.335 acre tract and along the north line of said Open
Space,the following courses and distances:
South 88 degrees 38 minutes 31 seconds East, a distance of 387.01 feet to a point
for the beginning of a tangent curve to the left;
Easterly, along said tangent curve to the left which has a chord that bears
North 88 degrees 49 minutes 42 seconds East for 132.42 feet, a central angle of
05 degrees 03 minutes 34 seconds and a radius of 1500.00 feet, for an are distance
of 132.46 feet to a point for the beginning of a reverse curve to the right;
Easterly, along said reverse curve to the right which has a chord that bears
North 87 degrees 12 minutes 29 seconds East for 231.89 feet, a central angle of
01 degree 49 minutes 08 seconds and a radius of 7304.45 feet, for an arc distance
of 231.90 feet to the POINT OF BEGINNING and containing 11,165 square
feet, or 0.256 acres of land, more or less.
Sheet 2 of 3
February 288,2012
F:\LEGALS\2011\11033\0.256Ac Open Space Release.doc
�p���Eli 1
EN r8•
O SPACE RELEASE
■ 0.25 ACRES i
■ CALLED 35.335 ACRES
■ LENNAR MONIES C TEXAS /
LAND AND CONSTRUCTION, LTD,
P.O.C.
■ �■O.p. TRACT ONE
H all DOC. N0. 2011-64759, R P.R.D.C.T. `�Pn
■ �C2 fO* P� Ct '
■ 7CALLED DER OF A NORTHERN LIMITS OF
■ 0.600 ACRES OPEN SPACE
SOPERTIES, L.P. VOLUME 5398, PACE 3401
LINE TABLE DOC. NO. 2004-800• RR R.D.C.T.
LINE I BEARING I LENGTH R.P.R.D.C.T.
1-11 58457'07"W 405.82 SCALE 1*-200'
I L21 S87'03'23"W I 55.71 LEGEND
I L31 N89 57'34"W I 55.89 P.O.C. POINT OF CO"NCiNG
I L41 N87'08'18"W I 55.86 I CURVE TABLE P.O.D. PONT OF 9ECNINMJG
I 1-51 N84'19'06"W 1 55.85 I NO. CHORD DIRECTION I CHORD I DELTA I RADIUS I LENGTH
I L61 N81'40'24'W 1 49.20 I C1 I S87'20'1 2"W 1703.82 1 12'50'27" 13147.031 705.30 IRF 5/8-INCH IRON ROD W/CAP MARKED
L71 N78'47'06"W I 54.21 1 C2 N89ro3'46"W 1 718.68 1 5'38.22" 17304.451 718.97 PEATT-RPLS 4097 FOUND
LBI N70'36'02'W 1 23.21 1 C3 1 N88'49'42'E 1 132.42 1 503'34" 11500.001 132.46 R.P.R.D.C.T. REAL PROPERTY RECORDS, 3
I L91 S88'38'31'E 1 387.01 C4 I N87'12'29"E 1 231.89 1 1'49'08" 17304.451 231.90 DEN70M COUNTY. 1EXAS
N
O
m N
CALLED 35.335 ACRES NORTHERN LIMITS OF
LENNAR HOMES OF TEXAS OPEN SPACE ■ u
LAND AND CONSTRUCTION, LTD. VOLUME 5398, PAGE 3401 P.O.S. ■ o
TRACT ONE R.P.R.D.C.T.
DOC. NO. 2011-64759. R.P.R.D.C.T. t
■
- - --- !.9 IIRF C3 C4 L—■ Z W
low
LA OF
LS 144 LL � 1.3 rIF L2 � ��N 0-Is
G►�\�OPEN�PP
�598oG�. ■ < �' o
VMS P R' REMAINDER OF A ■ n
vO� R REMAINDER OF A
CALLED 227.80 ACRES CALLED 220.600 ACRES o■
SEALED BID DFW, L.P. SUNCREST PROPERTIES, L.P.
DOC. NO. 2003-84629 DOC. NO. 2004-800. R.P.R.D.C.T. ■ }
R.P.R.D.C.T.
SCALE 1".100' Q�`
.Ln C
PETITT BARRAZA� °C
ENGINEERING PLANNING SURVEYING ,LOB NO: 11033-00 C
ri SCALE: VARIES i
DATE: FEB 2012 r
300 Municipal Drive Tel. No. (214) 221-9955 %� 1
DRAWN BY: BRW
Richardson, Texas 75080 Fax No. (214) 340-3550
SHEET 3 OF 3 6: