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09-008 - R TOWN OF PROSPER, TEXAS RESOLUTION NO. 09-008 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 CHARLES AND CYNTHIA STUBER. 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 Charles and Cynthia Stuber. SECTION 2: Resolved by affirmative vote of the Town Council on the 29`" day of January, 2009. Charles Niswanger, Mayor ATTEST: 0 F • .s Matthew D. Denton,TRMC e w Town Secretary G cb•Od6 dpi �� ®ay..0®Y(b4 e &XAS NNIN 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("Agreement") is made and entered into as of this-ZR day of 200A, ("Effective Date") by and between the Town of Prosper, Texas, ("Town") and Charles and Cynthia Stuber("Owner") on the terms and conditions hereinafter set forth. WHEREAS,Owner owns approximately 54.03 acres,more or less, situated in the William Butler Survey, Abstract AO 112, Collin County, Texas, which is more particularly described in Exhibit "A", attached hereto and incorporated herein for all purposes ("Pronertv"); 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 masonry requirements,parking standards and landscaping standards)set forth by the ordinances of Annexation Agreement Page 1 MSL 101408Stuber 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 Zoninii. 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. The location of said easement(s) shall be determined by Town and approved by Owner,which approval may not be unreasonably withheld, delayed, denied or conditioned and 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. Riiaht-of-Wav(ROW)Dedieafie r_Coit Road. Upon being requested to do so by Town durina the term of this ap-reement, Owner agrees to sell to the dedieate to Town, based on a market appraisal of the propertv not including- improvements within eventual ROW at ne eest to Town,that portion of the Property reasonably needed by Town,in Town's sole discretion,to be used as right-of-way for Coit Road,free from any liens or other encumbrances,for the construction and/or extension of Coit Road("ROW Property"). Said right-of-way dedication shall be by warranty deed materially in the same form as Exhibit"C",attached hereto and incorporated herein for all purposes, and shall contain legal descriptions and diagrams of the right-of-way dedication. If the ROW for Coit Road is purchased by the Town.the Town will allow the existing improvements consistiniz of 12 Live Oak Trees. 2 pipe gates. 5 strand barbed wire fencing with corner bracing, utility services includina electrical, water, telephone, and electric uate opener remain until the Town provides Owner with ninetv-dav (90) written notice that said improvements are required to be relocated to Owner's property, and no Ionizer will be allowed to be present in the Coit Road ROW. The relocation of these existine improvements shall be performed at the sole expense of the Owner with Annexation Agreement Page 2 MSL 101408Stuber no reimbursement from the Town. All costs and expenses for the relocation of these improvements shall be the responsibility of the Owner. Duriniz the time that these improvements are remaining within the Coit Road ROW, the improvement's repair, maintenance and any taxes due for the, improvements shall be the responsibility of the Owner. Owner also agrees that between the Town's, purchase of the ROW and the relocation by the Owner of the improvements as required by this aareement and upon receipt of notice from the Town, that the Town has the riaht to perform any. work related to Coit Road within the ROW includine studies, survey's or anv other related activities necessary for the eventual construction of Coit Road without objection from the Owner. If anv of this work is to be performed by the Town, reasonable notice will be provided to the Owner informina the Owner of the tvae and duration of the work to be performed within the Coit Road. ROW. Up to the actual construction of Coit Rd. and at anv time prior to the 90 day written notification,if in the performance of these studies or other related work associated with Coit Road's, ultimate construction,the Town or its contractor damasies anv of the improvements.the Town will repair the improvements to its previous condition before the damage.. 6. Impact Fees. The Property shall be subject to impact fees adopted by Ordinance No. 06-91, as it exists or may be amended. 7. Other Development Fees. Town ordinances covering property taxes,park dedication and/or payment in lieu of dedication of land,utility rates,permit fees and the like are not affected by this Agreement and shall be applied to the Property in the same manner as any other Property located within Town's corporate boundaries. Further this Agreement does not waive or limit any of the obligations of Owners to Town under any other ordinance, whether now existing or in the future arising. 8. Term. This Agreement is an agreement authorized by Section 212.172 of the Texas 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 ("Defaultinu 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 parry 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 Annexation Agreement Page 3 MSL 101408Stuber P.O. Box 307 Prosper, Texas Attn: Town Manager With copy to: Rebecca Brewer Abernathy, Roeder, Boyd and Joplin, P.C. 1700 Redbud Blvd. Suite 300 P.O. Box 1210 McKinney, TX 75070-1210 Owner:Charles and Cynthia Stuber 2230 Chalk Hill Prosper TX 75078 11. Miscellaneous. (a) Assignment. This Agreement is assignable. If all or any portion of the Property is transferred, sold or conveyed,the Owner shall give notice immediately to Town of the name,address,phone number and contact person of the person or entity acquiring an interest in the Property. This Agreement shall run with the land and shall be binding on and inure to the benefit of the Owners' successors and assigns. (b) Compliance with Ordinances. Except as provided for in this Agreement,the parties agree that the Owners shall be subject to all ordinances of Town. All construction will be in 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) Countemarts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. Annexation Agreement Page 4 MSL 101408Stuber (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) Savings/Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid illegal or unenforceable provision had never been contained herein. 0) Representations. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. (k) Sovereign 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 Draftina Provisions. This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document (m) Incorporation of Recitals. The Recitals above are incorporated herein as if repeated verbatim. (n) No 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 PROSPER, TEXAS Annexation Agreement Page 5 MSL 101408Stuber By: Mike Land, Tbwn Manager ATT I/wn Secretary OWNER: Annexation Agreement Page 6 MSLI01408Stuber 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 t tt 200$"' J Notary Public in and for the State of Texas W LA A. EVANS My Commission Expires: ryir,rch L` 1 _ STATE OF TEXAS § COUNTY OF COLLIN § "T S F244' BEFORE ME, the undersigned authority, on this day personally appeared t'f '/(" yl / C�7-6f2 known to me to be one of the persons whose names are subscribed to the foregoing instrument; he acknowledged to me that he has executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 2008. v Notary Public in and for the State of TexaSf M Commission Expires:M. y Stab•of Tows 'sy�ifyn t cLOmm,€ice.l l�30�11 s Annexation Agreement Page 7 MSL 101408Stuber EXHIBIT "A" SITUATED in the William Butler Survey, Abstract No. 112 in Co3lin County, 'Texas, and being part of an 80 acre tract of land described in Deed recorded in Volume 2161 , Page 949 of the Land Records of C01.1111 County, Texas, being more particularly described by metes and bounds to--wit 3 BEGINNING at an iron pin found being the Southeast corner of said tract s THENCE North B9 deg. 53 min. 20 spec. West with the South line of seld tract 1782 . 28 feet to an iron pin found; THENCE North 0 deg, 3.6 min. 16 sec . Fast with the East line of a 26.83 acre tract 1319.48 feet to an iron pin found; THENCE South 89 deg. 59 min. 01 sec . East with the North line of said tract 1761 . 03 feet to an iron pin found in the centerline of County Road 80; THENCE South 0 deg. 13 min. West with said road 1322 .47 feet to the place of beginning, Containing 54 .03 acres . �u K011� LgWVtl10 � iCOINRY OI COILM� pj � �WMIb�mM�1�r��on ml MFrwIN�O�fE M�j N M+I► Nty�f Cow+ty JUL 2 7 1994 C "1_ a - (M Filed for Record ine COLLIN COUNTY TX HONORADLE HEL�N STARNES On 1994/07/27 At 3t49P Typeert D1- 0817200 4 s CHANDLER CMUE SO, BE TDt IN, IN ON DEER RUN OCAP� _7 1 / Vicinity Map N T.S. _.NOEIZ_B'PRL X-MIM ITT -A-.BNBER AND NARMIL-'I OCCUISEPt II L 'W1 'iim�l 0 100 200 AM BRADFORD MAiNfISAGOICTINCIN -J.-MIN5 I.Ift RD GAR­ "N" IT 'S"Um. THIS DOCUMENT,PREPARED UNDER 22 TAC 663.21.DOES NOT REFLECT THE RESULTS OF AN ON THE GROUND SURVEY,AND IS R­ NOT TO BE USED TO CONVEY OR ESTABLISH INTEREST IN REAL 11 p_F___ PROPERTY EXCEPT THOSE RIGHTS AND I ESTABLISHED BY THE CREATION OR RECONFIGURAINTEREST TION SUPPLIED OF THE OR BOUNDARY OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS INHIBIT A PREPARED. IIRIEy LEM DMFD,MM KING A III A TPACT W LAND=ATED IN ME ALAN WTUR SO—APIGRACT 10 IIZ AND PROMI WRl1IF cox ALONG CONAGN.1 D' R­1APAS AGRON TRINCE IN A UNE AN OF 11- All.1 PRONARRyCORMI CONG AU I. =.'Z��Tl S._1 I 1�11':" IN-11 1=�'SMADED AND ARM.­A ANO SAO PMT-IGIA.MASE 1.A ORTAN.OF MIRINMI MIT..A.-CORWIT. A.ARC OT .=1 .=I TP _ .7 1--OF SAO IF PROPPER.LLC IT- I ONE ITIM LIK OF SAO TONN W PROSPER MACE A SAM TRACCOM'AARTS NOI SAO.I PONG. TO=I FOR DOSTANCE IM AND NO.PART P NM­RECTORGEO.07=1 NO TN-GNI­..MZD Sk"=% F UM� -I_I-I S,N-1_.SMAR I AND MIT.-1 L Wl.-IN-T DO ...-orOWN• INC- 1.O_"..I ATCHOM 1. 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Md 0 PRESCONDWR ISTATES ANAM i,A CRITARM I NMR MIT W A MIT IM CIMAND �OW.I-M, OF~.AND A GMAD.­AND CISTIAM.OF I—­1W APRIL 21.1. SHEET I Of I Exhibit "B" Utility Easement Form with Temporary Construction Easement Annexation Agreement Page 9 MSL 101408Stuber "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 li"HES.E PRESENTS: COUNTY OF That :;;;_::.("Grantor"),whether orie or more,for and in consideration of the sum of TEN DOLLARS ($10.00)cash :hand to Grantorpaid by the TOWN OFPROSPER, TEXAS, a Texas muni,c�al"'cbrporation, ("Grantee")`fI e;receipt4fid sufficiency of which are hereby acknowledged, does hereby GRAl , SELL ANp CONVEY unto Grantee the easement and right to construct,,.;r.:ecarislt!uct, operate,;,repair; . build, .rb-'a e, relocate, alter, remove and perpetually maintain sanitary sewer,,Water aria/or drainage facilities ("Facilities"), together with all incidental improvements,'and all necessaiM latera.an,upon and across certain real property owned by Grantor and located in the Tovv ,of Prosier, or its extraterritorial jurisdiction, County,Texas, as more particularly depicte `on and described in Exhibit "A", attached hereto and incorporated herein for all purposes ("Easement Pronertv"). 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((INSERT LANDOWNER'S NAME]),—Page 1 of 8 Exhibit`B" 522616-vI 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 Grange;its°sucesors and, gns,against every person whomsoever lawfully claiming or to claird'the; same or any part thereof,'by, through or under Grantor, but not otherwise. Grantee, its successors and `asgh's; shall have the._ right to construct, reconstruct and perpetually maintain additional Facilities"" all tim;&§in the future v thin the Easement Property. If Grantee is unable toaccess the Ea4ement Property due to; l ysical barriers or conditions, then the Grantee,its successors andassign 'shall have arid:are:hereby granted,the right of ingress and egress over that:<portion of the Gr:..antor'`s'--adjacent property within fifteen feet(15')of the Easement Property as is reasonably necessary to and for t11e;ljxited purpose of accessing the Easement Property herein granted ("Ingress/E� ess Easement"). Grantee will at all'fes'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 NAMED—Page 2 of 8 Exhibit`B" 522616-v1 There are no liens, attachments, or other encumbrances which will affect the title or right of the Grantor to convey this easement to the Grantee for the purposes as described herein. If such condition does exist, a signature with acknowledgment shall be included and made a part of this document conveying the rights and privileges contained herein. The easement rights and privileges granted herein are<riori-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;'sghfs'granted herein=and provided all such other grants comply with all applicable local, state"aid;#ederal:laws, ordinances,rules,regulations and/or requirements,as they exist,may be amended or in the'fut} e arising. Grantee=will not unreasonably deny a request to encroach on the'Easern nift Property. Further, Grantor shall not place ary:improve :ent or take ary'action,permanent or temporary, which may cause damage or jeop4dize the integrity of the Faeilities and/or which will affect and/or interfere, in,_any..way, the rghts.,.granted herein. "Grantee, may, due to the necessity of repair and maintenance of the Fac ..ties. remove and ke&p`removed any and all improvements to the extent necessary to make repairs. Grantee will;not be responsible for loss of improvements due to failure or maintenance of the Facilities. :R This instrument s11al :l e`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(UNSERT 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 1 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 OFFICE Yl?is �1•`";day of , ;::_: 2008. No;Iary Public in and for the Sike of-';Texas My C:ommis_son Expires: THE STATE OF TEXAS S§ COUNTY OF BEFORE ME ;_the undersigned authority, '­on this day personally appeared kno w l to i e;;_ be one of the;persons whose names are subscribed to the foregoing i.4 frument;.and she'? xecuted said: nstr x ent for the purposes and consideration therein expresse 'and in the capacity therein stated. GIVEN,L NDER MY�'T D A %SEAL OF OFFICE this day of 2008. Notary Public in and for the State of Texas My Commission Expires: UTILITY EASEMENT((INSERT LANDOWNER'S NAMEIZ—Page 5 of 8 Exhibit`B" 522616-v1 THE STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME,the undersigned authority, on this day personally appeared Mike Land,Town Manager for and on behalf of the TOWN OF PROSPER, TEXAS, a Texas home-rule municipal corporation;he acknowledged to me he is the duly authorized representative of the Town of Prosper, Texas and that he executed said instrument for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAN:, O!VCE this day of 2008. =Notary Public in and for the State ofTexas My Commission Expires: UTILITY EASEMENT((INSERT LANDOWNER'S NAMEI i—Page 6 of 8 Exhibit"B" 522616-v 1 JOINDER OF LIENHOLDER The undersigned, being the holder of the liens against a portion of the Easement Property evidenced by: and subject to all of the terms and conditions and stipulations contained therein, including but not limited to, any future indebtedness also secured by these liens,. er.._eby consents to the execution of the foregoing Utility Easement and agrees that in the event of <foreclosure of the Easement Property or any portion thereof and/or the underlying property or and;,"oion thereof(or deed in lieu thereof), the Utility Easement will remain in full force and eff_"",-and shall not be extinguished by such foreclosure (or deed in lieu thereof). - a - By: Printed.Name: THE STATE OF TEXAS` COUNTY OF § BEFORE`1VIE,;_the uncler.91"'d authority, oi3 this day personally appeared known #d: 'rie to be ones f the persons whose ifa s are subscribed to the foregoing instrument; he/she acknowledged to me h6hhe is "t�h_e and duly authorized representative of a _ and he/she executed said instrument for the purposes and consideratioh::therein expressed and p�'ri the capacity therein stated. GIVEN UNDP 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 EXHIBIT "A " Description and Depiction of Easement Property ( pages attached) UTILITY EASEMENT OINSERT LANDOWNER'S NAMEII—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 § _ COUNTY OF COLLIN § KNOW ALL.PERSONS BIHESE PRESENTS: As used herein, the following terms shall-fiave':ihe following meanings: Effective Date: Grantor: Grantor's Mailing Address (including county): Grantee: Grantee's Mailing.fuss (including county).-, Consideration: `TELLAtS:.-:$10.00 cash and other good (;,. ) g and valuable consideration, the receipt acid sufficiency= =vwhich arereby acknowledged Propei cluding any iffi... toveme s): See E-k-h it A attaches Yiereto and made a part hereof for all purposes. Reservations froid*Ahd Exceptions to Conveyance and Warranty: The Property conveyed herein is subject to the following: See Exhibit B attached heret©`�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 revised.or:deleted) Current ad valorem taxes on said Property having been prorated, the payment thereof'is=aI samed by Grantee. 4. dy -- When the context requires, singular nouns and,<pronoul s include the plural. STATE OF TEXAS = COUNTY OF;= EXHIBIT A Legal Description ,1 EXHIBIT B Exceptions `25