05-07 - R TOWN OF PROSPER,TEXAS RESOLUTION NO. 05-07
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS,
HEREBY AUTHORIZING THE MAYOR OF THE TOWN OF PROSPER, TEXAS, TO
EXECUTE A LANDSCAPE EASEMENT ADJACENT TO EAST FIRST STREET ON
BEHALF OF THE TOWN OF PROSPER,TEXAS.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
SECTION 1: The Mayor of the Town of Prosper, Texas, is hereby authorized to execute, on behalf
of the Town Council of the Town of Prosper,Texas, a landscape easement adjacent to East First Street.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 25th day of January, 2005.
harles Niswanger, or
ATTEST TO:
Shanae Jennings, z n ecretary
LANDSCAPE EASEMENT
0
THE STATE OF TEXAS § 0-1
§ KNOW ALL MEN BY THESE PRESENTS: co
COUNTY OF COLLIN § �'
w
That TOWN OF PROSPER,a Texas municipality,hereinafter referred to as Grantor,whether
one or more, for and in consideration of the,sUuj pf One and 00/100 Dollar($1.00) and other good o
and valuable consideration in hand paid by.Mustang-Midway Plano, Ltd., a Texas limited t-0
partnership receipt of which is hereby acknowledged,does hereby ant bargain, sell Co,
and convey to said Grantee, its successors, and assigns, a perpetual easement for the purpose of the
installation,maintenance,replacement,and removal of landscaping,green-belts,sidewalks,utilities
and related improvements, including, without limitation, irrigation systems and equipment, along
County Road 78 in and over a twenty foot(20')wide area more particularly described on Exhibit "A"
attached hereto and made a part hereof(the "Easement Property") located in Collin County, Texas.
Grantee shall have the right to construct screening walls or fences on or near the southern
boundary of the Easement Property.
The grant of easement contained herein is made subject to the matters set forth herein and
all easements, restrictions, conditions, encumbrances and all other matters affecting the Easement
Property to the extent valid and currently existing.
Grantee shall be entitled to access or tap into utility lines now or hereafter located in the
Easement Property.
Grantor shall be entitled to use the Easement Property for such underground uses as shall not
interfere with the use of the Easement Property by Grantee. Grantor shall not use or permit any
portion of the Easement Property to be used as a street or roadway. Grantor shall be responsible for
the repair,replacement, and restoration of any landscaping, sidewalks,utilities, irrigation systems
and equipment, and walls and fencing, and other improvements damaged by Grantor's use of the
Easement Property.
TO HAVE AND TO HOLD unto the said Grantee the Easement Property for the purpose
aforesaid, and subject to the matters stated above.
Jan 4c y
IN WITNESS HEREOF, this instrument is executed on this the2Jj' day of-Beeeiiib i,
-299 ►.
ZOOS,
GRANTOR:
TOWN OF PROSPER,
a Texas municipality
BY: irdliU
Name: WrIGEM a
Title:
Easement
Page-1
U5843 03843
STATE OF TEXAS §
COUNTY OW COLLIN §
This i spent was acknowledged before me on the? day of Jam ". , 2004,
by Charles N tSW 4 n9 er of the Town of Prosper,a Texas municipality on
behalf of said municipality.
PN Douglas C.bawd
I- by commission Expires 'wK C
Wow 30,2007
Notary . elic, State of Texas
My commission Expires:
(0130107
Easement
Page-2
05843 03844
EXHIBIT "A"
20' LANDSCAPE EASEMENT
BEING a tract of land located in the HARRISON JAMISON SURVEY, ABSTRACT NO. 480,
Town of Prosper, Collin County, Texas and being a part of a tract-tf land described in Deed to
Mustang-Midway Plano, Ltd., recorded in Document Number 96-0038753, Deed Records,
Collin County, Texas and being more particularly described as follows:
COMMENCING at a 5/8 inch iron rod found at the approximate centerline intersection of
County Road No. 78 and County Road No. 74 and at the Northeast corner of said Mustang-
Midway Plano tract;
THENCE South 01 degrees 47 minutes 13 seconds East, along said center of County Road No.
74 and the East line of said Mustang-Midway Plano tract, a distance of 40.00 feet to a point for
corner at the POINT OF BEGINNING of the tract herein described;
THENCE South 01 degrees 47 minutes 13 seconds East, continuing along said center of County
Road No. 74 and said East line of Mustang-Midway Plano tract, a distance of 20.00 feet to a
point for corner;
THENCE leaving said center of County Road No. 74 and said East line of Mustang-Midway
Plano tract,the following two (2) courses and distances:
South 88 degrees 49 minutes 53 seconds West, a distance of 2647.34 feet to a point for corner;
South 88 degrees 49 minutes 19 seconds West, a distance of 1516.29 feet to a point for corner
in the East line of the tract of land described in deed to Town of Prosper, recorded in
Document Number 2003-0075344, Deed Records,Collin County, Texas;
THENCE North 01 degrees 10 minutes 41 seconds West, along said East line of the Town of
Prosper tract, a distance of 20.00 feet to a point for corner;
THENCE Easterly, leaving said East line, the following two (2) courses and distances:
North 88 degrees 49 minutes 19 seconds East, a distance of 1516.29 feet to a point for corner,
said point being South 01 degrees 10 minutes 24 seconds East, a distance of 40.00 feet from a
1/2 inch iron rod found at the Southeast corner of STEEPLECHASE LAKE OF PROSPER, an
addition to the Town of Prosper, Collin County, Texas, according to the Plat thereof recorded
in Cabinet N, Page 134, Map Records, Collin County, Texas;
North 88 degrees 49 minutes 53 seconds East, a distance of 2647.13 feet to the POINT OF
BEGINNING and containing 83,270 square feet or 1.912 acres of land, more or less.
S:\PROJECTS LDD\00058BND\docs\ESMT\00058ESMTO6.rtf6/7/04 Page 1 of 2
VICINITY MAP LEGEND
.
Co. RD 4 CO. RD. 48 CO. RD. 81 p = 1/2" INCH IRON ROD FOUND WITH A YELLOW
i- � PLASTIC CAP STAMPED "DAA"
CA • = POINT FOR CORNER
O ce D.R.C.C.T. = DEED RECORDS, COLLIN COUNTY, TEXAS
coy p M.R.C.C.T. = MAP RECORDS, COLLIN COUNTY, TEXAS
CO Rn s ` CO RD 78 ; <CM> = CONTROL MONUMENT
si ~ o soo 600 900
e~ a cc. NOTE: BASIS OF BEARINGS ARE DERIVED W m IJ
�� d Et� o FROM WILLOW RIDGE PHASE ONE, RECORDED KALE a 1�r
a IN CABINET "M", PAGE 264, MAP RECORDS,
U.S.pi
HWY. 3eo COLLIN COUNTY, TEXAS
NORTH •
NOT TO SCALE
STEEPLECHASE LAKE W. H. THOMASON SURVEY
OF PROSPER W. UTL SURV ABSTRACT N0. 11 SEXTON HOLDINGS, LP. -=
M.R.C. ABSTRACT NO. 895
CABINET M.R.C.C.T.
M.R.C.C.T. VOLUME 134 VOLUME 4518. PAGE 1994 '_
ATOMIC AUTO CRUSHER D.R.C.C.T.
POINT OF HENRY A. BARLOW
SItELUNG PROJECTS, INC. AND PARTS, INC. SEXTON FARMS, LTD. COMMENCING Nice VOLUME 4301.• PAGE 1690
VOLUME 4125 PAGE 2823 VOLUME 4717, PAGE 2821 S01 10'24"E VOLUME 4873 PAGE 778
C.T.
D.R.C.C.T. D.R.C.C.APPROXIMATE 40.00' "
D.R.0 D.R.C.C.T. 5 8 IRF
Non 0'4119W SURVEY UNE_\ 1/2`IRF ,.
20.00' \lir NgW4O'19'E 1616.29' <cM> COUNTY ROAD 78 N88'49'S3�E 2647.13' '. • 71
S88'49'19'W 1516.29' S88'49''S3•W 2647.34' , 40.1•
/ HARRISON JAMISON SURVEY, REMAINDER OF POINT 0 20.00'
•
TOWN OF PROSPER ABSTRACT NO. 480 MUSTANG-MIDWAY PLANO. LTD. BEGINNING W. RASOR. NI;
\ DOC /2003-0075344 C.C.F. NO. 96-0036753 .. LURA H.
SMITH;
D.R.C.C.T. D.R.C.C.T. •
TOWN OF PROSPER WINNIE A. RASOR
C.C.F. NO. 96-0090462 '� VOLUME 4019, PAGE 1065
DD.R.C.C.T. D.R.C.C.T. ( ,.
J. STONE SURVEY �/
WALLOW RIDGE PHASE ONE •� ABSTRACT NO. 847 OD
CABINET 'M", PAGE 624 i4 y-
M.R.C.C.T.
CA)
EXHIBIT "A" o
20' LANDSCAPE EASEMENT co
83,270 SQUARE FEET OR 1.912 ACRES co
HARRISON JAMISONSURVEY, ABSTRACT NO. 480 ��Ao�8iF.9.� -I:
—
TOWN OF PROSPER, COLLIN COUNTY, TEXAS *'e * Fo•
SEAN SHROPSHIRE
<`.A.y 5674 :o
~6 's'ii A-0--k
DOWDEY, ANDERSON &ASSOCIATES, INC. Sean Shropshire
i ♦ ♦ 5225 Wage Creek Drive,Suite 200 Plano,Teas 75093 972-931-0694 No. ster567 d Professional Land Surveyor
REVISED01-06-05 Page 2 of 2 I00058ESMT06