09-007 - R TOWN OF PROSPER, TEXAS RESOLUTION NO. 09-007
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 GLEN MILLER.
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 Glen Miller.
SECTION 2: Resolved by affirmative vote of the Town Council on the 291h day of
January, 2009.
arles I�wanger, Mayor
ATTEST:
®t®11i111/l//
Nlel°tthew D. Denton, TRMC
. yk
Town Secretary -- •
.b
• �•
s� `•.® •.' tea"
,EXAS�����
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"2 1;day of
74tVU-W , 2009, ("Effective Date") by and between the Town of Prosper, Texas, ("Town")
and Glen Hobart Miller("Owner") on the terms and conditions hereinafter set forth.
WHEREAS,Owner owns approximately 6.7870 acres,more or less,situated in the Jeremiah
Horn Survey, Abstract No. 411, 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 Pagel
MSL101408Miller
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", attached hereto and incorporated herein for all purposes, and shall
contain legal descriptions and diagrams of the easement.
5. Impact Fees. The Property shall be subject to impact fees adopted by Ordinance No.
06-91, as it exists or may be amended.
6. Other Development Fees. Town ordinances covering property taxes,park dedication
and/or payment in lieu of dedication of land,utility rates,permit fees and the like are not affected by
this Agreement and shall be applied to the Property in the same manner as any other Property located
within Town's corporate boundaries. Further this Agreement does not waive or limit any of the
obligations of Owners to Town under any other ordinance, whether now existing or in the future
arising.
7. Term. This Agreement is an agreement authorized by Section 212.172 of the Texas
Local Government Code. The term of this Agreement shall be five(5)years from the effective date.
The term of this Agreement shall not be affected by the fact that some or all of the Property is
annexed into the corporate limits of Town.
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MSLI01408Miller
8. Default. If any party breaches any of the terms of this Agreement, then that party
shall be in default ("Defaultin2 Party") of this Agreement ("Event of Default"). If an Event of
Default occurs,the non-defaulting party shall give the Defaulting Party written notice of such Event
of Default, and if the Defaulting Party has not cured such Event of Default within thirty(30)days of
said written notice,this Agreement is breached. Each party is entitled to all remedies available to it
at law or in equity.
9. Notice. Any notice required or permitted to be delivered hereunder shall be deemed
to be delivered,whether or not actually received,when deposited in the United States Mail,postage
pre-paid,certified mail,return receipt requested, addressed to either party,as the case may be,at the
addresses contained below:
Town: Town of Prosper
P.O. Box 307
Prosper, Texas
Attn: Town Manager
With copy to: Rebecca Brewer
Abernathy, Roeder, Boyd & Joplin, P.C.
1700 Redbud Blvd.
Suite 300
P.O. Box 1210
McKinney, TX 75070-1210
Owner: Glen Hobart Miller
3494 E. First Street
Prosper TX 75078
10. Miscellaneous.
(a) Assignment. This Agreement is assignable. If all or any portion of the
Property is transferred, sold or conveyed, the Owner shall give notice immediately to Town of the
name, address,phone number and contact person of the person or entity acquiring an interest in the
Property. This Agreement shall run with the land and shall be binding on and inure to the benefit of
the Owners' successors and assigns.
(b) Compliance with Ordinances. Except as provided for in this Agreement,the
parties agree that the Owners shall be subject to all ordinances of Town. All construction will be in
accordance with applicable ordinances and regulations of Town, whether now existing or in the
future arising.
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MSL101408Miller
(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) Counter-parts. This Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes.
(g) Authoritv to Execute. The individuals executing this Agreement on behalf of
the respective parties below represent to each other and to others that all appropriate and necessary
action has been taken to authorize the individual who is executing this Agreement to do so for and on
behalf of the party for which his or her signature appears, that there are no other parties or entities
required to execute this Agreement in order for the same to be an authorized and binding agreement
on the party for whom the individual is signing this Agreement and that each individual affixing his
or her signature hereto is authorized to do so, and such authorization is valid and effective on the
date hereof.
(h) Binding Effect. This Agreement shall be binding upon and inure to the benefit
of the parties hereto and their respective heirs, executors, administrators, legal representatives,
successors and assigns.
(i) Savin2s/Severability. In case any one or more of the provisions contained in
this Agreement shall for any reason be held to be invalid illegal or unenforceable in any respect,such
invalidity, illegality or unenforceability shall not affect any other provision thereof, and this
Agreement shall be construed as if such invalid illegal or unenforceable provision had never been
contained herein.
0) Representations. Each signatory represents this Agreement has been read by
the party for which this Agreement is executed and that such party has had an opportunity to confer
with its counsel.
(k) Sovereign Immunitv. The parties agree that Town has not waived its
sovereign immunity by entering into and performing their respective obligations under this
Agreement.
(1) Miscellaneous DraftinLy Provisions. This Agreement shall be deemed drafted
equally by all parties hereto. The language of all parts of this Agreement shall be construed as a
Annexation Agreement Page 4
MS1,101408Miller
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 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 PROSPE ,TEXAS
By:
Mike Lank.Town Manager
ATT
Matthew D. Denton TRMC
Town Secretary
OWNER:
Annexation Agreement Page 5
MSL101408Miller
whole according to its fair meaning and any presumption or principle that the language herein is to
be construed against any party shall not apply. Headings in this Agreement are for the convenience
of the parties and are not intended to be used in construing this document
(m) Incorporation of Recitals. The Recitals above are incorporated herein as if
repeated verbatim.
(n) No Chapter 245 Permit. This Agreement,and any requirement contained in
this Agreement,shall not constitute a"permit"as defined in Chapter 245,Texas Local Government
Code. THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
IN WITNESS WHEREOF, the parties have executed this Agreement and caused this
Agreement to be effective on the latest date as reflected by the signatures below.
TOWN OF PROSPER, TEXAS
By:
Mike Land, Town Manager
ATTEST:
Matthew D. Denton, TRMC
Town Secretary
OWNER:
Annexation Agreement Page 5
MSL101408Mi11er
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.
GIVE UNDER MY HAND AND SE OF OFFICE this day of
200)' „
__..MAITjiEW D.DENTON
NOWY Public,
Mary Public in and for the State of Texas
Skft Of TON=
of E>Ip;O�21,�? My Commission Expires:
-- -�Comm:
STATE OF TEXAS §
COUNTY OF COLLIN §
BEFORE ME, the undersigned authority, on this day personally appeared G. baba► t '//cr
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 thiso1,3'j day of
nuarW , 2090
/ . 7
Noiky Pudic in and fort St e of Te
y Commission Expires:
a 0,1a2
LON M.uoro
MY COMMISSION EXPIRES
SWW"ber 12,2012
Annexation Agreement Page 6
MSL101408Miller
EXHIBIT A
ANNEXATION
LEGAL DESCRIPTION
BEING A 6.787 ACRE TRACT OF LAND LOCATED IN THE LARKIN McCARTY SURVEY, ABSTRACT NO. 600 AND
JEREMIAH HORN SURVEY, ABSTRACT NO. 411, AND BEING THE REMAINING 6.787 ACRE TRACT OF LAND
DESCRIBED IN DEED TO GLEN HOBART MILLER, RECORDED IN DOCUMENT NO. 96-0069377, DEED RECORDS,
COLLIN COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE COMMON SOUTH CORNER OF SAID MILLER TRACT AND A CALLED 8.815 ACRE TRACT OF
LAND DESCRIBED AS SALSBERG TRACT IN DEED TO 218 PROSPER, L.P., RECORDED IN DOCUMENT NO.
20070208000184370, DEED RECORDS, COLLIN COUNTY, TEXAS, SAID POINT ALSO BEING IN THE NORTH LINE
OF A CALLED 67.728 ACRE TRACT OF LAND DESCRIBED IN DEED TO 67 PROSPER, L.P., RECORDED IN
DOCUMENT NO. 20060921001363990, DEED RECORDS, COLLIN COUNTY, TEXAS;
THENCE NORTH 00'0618' WEST, ALONG THE COMMON LINE OF SAID MILLER TRACT AND SAID 8.815 ACRE 218
PROSPER, LP. TRACT, A DISTANCE OF 720.76 FEET TO THE COMMON POINT OF SAID MILLER TRACT, SAID
8.815 ACRE 218 PROSPER, LP. TRACT, SAID 9.973 ACRE 218 PROSPER, L.P. TRACT AND SAID 9.989 ACRE
218 PROSPER, L.P. TRACT;
THENCE SOUTH 72'12'15" EAST, ALONG THE COMMON LINE OF SAID MILLER TRACT AND SAID 9.989 ACRE 218
PROSPER, LP. TRACT, A DISTANCE OF 182.18 FEET TO A POINT FOR CORNER;
THENCE SOUTH 8938'43' EAST, CONTINUING ALONG THE COMMON LINE OF SAID MILLER TRACT AND SAID
9.989 ACRE 218 PROSPER, L.P. TRACT, A DISTANCE OF 265.94 FEET TO THE COMMON EAST CORNER OF
SAID MILLER TRACT AND SAID 9.989 ACRE 218 PROSPER, L.P. TRACT, SAID POINT BEING IN THE WEST LINE
OF A CALLED 73.060 ACRE TRACT OF LAND DESCRIBED IN DEED TO 73 PROSPER, LP., RECORDED IN
VOLUME 6025, PAGE 1725, DEED RECORDS, COLLIN COUNTY, TEXAS;
THENCE SOUTH 0022'00' WEST, ALONG THE COMMON LINE OF SAID MILLER TRACT AND SAID 73 PROSPER,
L.P. TRACT, A DISTANCE OF 664.51 FEET TO THE COMMON SOUTH CORNER OF SAID MILLER TRACT AND SAID
73 PROSPER, L.P. TRACT, SAID POINT ALSO BEING IN THE NORTH LINE OF SAID 67 PROSPER, L.P. TRACT;
THENCE NORTH 8"1'370 WEST, ALONG THE COMMON LINE OF SAID MILLER TRACT AND SAID 67 PROSPER,
L.P. TRACT, A DISTANCE OF 435.09 FEET TO THE POINT OF BEGINNING AND CONTAINING 295,649 SQUARE
FEET OR 6.787 ACRES OF LAND.
BASIS OF BEARINGS DERIVED FROM THE SOUTH LINE OF GLEN HOBART MILLER, RECORDED IN DOCUMENT NO.
96-0069377, DEED RECORDS, COLLIN COUNTY, TEXAS.
SHEET 1 OF 2
REIFLECD THENRESULTS OFF ANNONRTHE GROUND SURVEY ,SANDTIS 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-BY THE CREATION OR RECONFIGURATION OF THE c O F T
BOUNDARY OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS `S T E
PREPARED, A- 4G �
T a r s ANNEXAT! N
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THIS DOCUMENT, PREPARED UNDER 22 TAC 663.21, DOES NOT t
REFLECT THE RESULTS OF AN ON THE GROUND SURVEY, AND IS
NOT TO BE USED TO CONVEY OR ESTABLISH INVEST IN REAL t
PROPERTY EXCEPT THOSE RIGHTS AND INTEREST SUPPLIED OR
ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE
BOUNDARY OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS
PREPARED.
— — — — N89051"57 W—435.09
POINT OF CALLED 077W Act
67 rROSrM L.r. LBARD V. WALL, R.P.L& 5249
BEGINNING DOCUMENT No.
2006OS2100136300O
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SHEET 2 OF 2
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VICTOR WA
sri;ail 00 7 r-f972u422-007!r 0 EXHIBIT 'A' < R 5249 P
WA%W By ICHEOU Br1 SCALE i DATE i JW NO. MILLER TRACT 9ilp SURO�-,O
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"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 BY-;THES"E PRESENTS:
COUNTY OF
That ("Grantor"),whe#her one or more,for and in consideration of
the sum of TEN DOLLARS ($10.00)'cash in%hand to Grantor::.paid by the TOWN OFPROSPER,
TEXAS, a Texas municpal'eooration, ("grantee'')"the-: eceipt and sufficiency of which are hereby
acknowledged, does`4pby GRANT; SELL AND CONVEY unto Grantee the easement and right to
construct, recoristuct, operae, re uild, space, relocate, alter, remove and perpetually
P y
maintain sanitary sewer," ari'br drainage facilities ("Facilities"), together with all incidental
improvements,'and all necessary laterals: l,upon and across certain real property owned by Grantor
and located in the Town,,of Prosper, or its extraterritorial jurisdiction, County,Texas,
as more particularly depicted?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 ffINSERT LANDOWNER'S NAMEI)—Page 1 of 8 Exhibit`B"
522616-0
TO HAVE AND TO HOLD the same perpetually unto the Grantee, its successors and
assigns, together with the right and privilege at all times to enter the Easement Property,or any part
thereof,for the purpose of constructing,reconstructing,operating,repairing,re-building,replacing,
relocating, altering, removing and perpetually maintaining the Facilities, and all incidental
improvements and for making connections therewith.
Grantor does hereby bind itself and its successors to WARRANT AND FOREVER DEFEND
all and singular the Easement Property unto Grantee its"successors and assigns,against every person
whomsoever lawfully claiming or to claim'h ;.aame or any part thereof,`by, though or under
Grantor, but not otherwise.
Grantee, its successors aiid 'asi gns;: shall have the, right to construct, reconstruct and
perpetually maintain additional Facilities'at all tim 's.in.the future`;;vithin the Easement Property. If
Grantee is unable to.`access the E*ement Property due tohysical barriers or conditions, then the
Grantee,its successors and assigns 'shall have, arid:are:hereby granted,the right of ingress and egress
over that%portion of the-Grantor's:�-djacent property within fifteen feet(15')of the Easement Property
as is reasonably;:necessary to ai d for the".u:iited purpose of accessing the Easement Property herein
granted ("Ingress/E&ess Easemen_ t").
Grantee will at al'h. 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 here'n aroi-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' glits2'grante�here nand provided all such other
grants comply with all applicable local, stateQd:.,federal:laws, ordinances,rules,regulations and/or
requirements,as they exist,maybe amended or in the'Bute arising. Grantee well not unreasonably
deny a request to encroach on the taaement;. roperty.
Further, Grantor shall not place any unprove rient or take ar y action,permanent or temporary,
which may caused J:i` e or jeopardize the integrity of thq Facilities and/or which will affect and/or
interfere, --way, the fights ranted..herein. 'Grantee, may, due to the necessity of repair and
mainteria3ce of the Facilities, remove and keep"temoved any and all improvements to the extent
:::..
necessary to make repairs. Graptee w Tl ng#be responsible for loss of improvements due to failure or
maintenance of the"Facilities.
This instrument shallle 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(JINSERT LANDOWNER'S NAMED—Page 3 of 8 Exhibit`B"
522616-v1
EXECUTED on the dates appearing in the acknowledgements below, however, to be
effective on this day of , 2008.
GRANTOR:
AGREED AND ACCEPTED:
TOWN OF PROSPER, TEXAS
By:
Mike Land, Town Manager ,,,
UTILITY EASEMENT(INSERT LANDOWNER'S NAMED—Page 4 of 8 Exhibit`B"
522616-v1
THE STATE OF TEXAS §
COUNTY OF §
BEFORE ME, the undersigned authority, on this day personally appeared
, known to me to be one of the persons whose names are subscribed to the
foregoing instrument and he executed said instrument for the purposes and consideration therein
expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OF ''. " ;day of
2008.
No::tary Public in and for the State of exas
My Commission Expires: -
.�..._
THE STATE OF TEXAS §
COUNTY OF
BEFORE ME ; the undersigned authority, on this day personally appeared
known toe::::ta,be one of;tkae'persons whose names are subscribed to the
foregoing i strument and shAj-c-ecuted said 3 tr irnent for the purposes and consideration therein
expresse `and in the capacity theein stated.
GIVEN-;UNDER MY-HAND ANA SEAL OF OFFICE this day of
2008.
Notary Public in and for the State of Texas
My Commission Expires:
UTILITY EASEMENT((INSERT LANDOWNER'S NAMED—Page 5 of 8 Exhibit`B"
522616-v1
THE STATE OF TEXAS §
COUNTY OF COLLIN §
BEFORE ME,the undersigned authority,on this day personally appeared Mike Land,Town
Manager for and on behalf of the TOWN OF PROSPER, TEXAS, a Texas home-rule municipal
corporation;he acknowledged to me he is the duly authorized representative ofthe Town of Prosper,
Texas and that he executed said instrument for the purposes and.,dbnsideration therein expressed and
in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL=-:;OF OFFICE this day of
2008.
Notary Public in and for the State o_ f_Texas
My Commission Expires:
UTILITY EASEMENT((INSERT LANDOWNER'S NAME7)—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,.,hh. eby consents to the execution of
the foregoing Utility Easement and agrees that in the event of forecloosure of the Easement Property
or any portion thereof and/or the underlying property or an df..to n thereof(or deed in lieu thereof),
the Utility Easement will remain in full force and effet,.axld 8 1a11 not be extinguished by such
foreclosure (or deed in lieu thereof).
a
By:
"Printed:,Name:
Its:
THE STATE OF TEXA § >,
COUNTY OF §
BEFORE-ME.the undbrs geed autl- y, on this day personally appeared
known #D=ine to be one-of the persons whose ria 'es are subscribed to the foregoing instrument; he/she
acknowledged to me helshe is "the and duly authorized representative of
a and he/she executed said instrument for the purposes
and consideration:,;therein expressed and-,,J.* e 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 Commission Expires:
UTILITY EASEMENT((INSERT LANDOWNER'S NAMED—Page 7 of 8 Exhibit`B"
522616-v1
EWIBIT "A "
Description and Depiction of Easement Property
( pages attached)
UTILITY EASEMENT(fINSERT LANDOWNER'S NAMED—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 ALL., NS BI' HESE PRESENTS:
COUNTY OF COLLIN §
As used herein, the following terms shall, followft meanings:
Effective Date:
Grantor:
Grantor's Mailing Address (including county):':"
Grantee:
Grantee's Mailing Address (including county):'- .,
Considera_i�in : `TEI>D:OLLARSc-:$10.00 cash'and other good and valuable consideration the
) g h
receipt aind`suf ciency< r?vhich are ereby acknowledged
Pro any rovemeatts):
See EX%Y--t A attache ereto and made a part hereof for all purposes.
Reservations frond 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".) s°=_
(NOTE: the following sentence may need to be reviseceleted) Current ad valorem
taxes on said Property having been prorated, the payment there. f'is`assned by Grantee.
When the context requires, singular nouns and,pronours include the`plural.
STATE OF TEXAS _
COUNTY OF.:, IN
This instrument was;acknovledged.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
EXHIBIT A
Legal Description
EXHIBIT B
Exceptions