16-08 - R TOWN OF PROSPER, TEXAS RESOLUTION NO. 16-08
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AUTHORIZING THE TOWN MANAGER OF THE TOWN OF
PROSPER, TEXAS, TO EXECUTE THE INTERLOCAL AGREEMENT
BETWEEN THE TOWN OF PROSPER, TEXAS, THE TOWN OF LITTLE ELM,
TEXAS, AND THE CITY OF AUBREY, TEXAS, FOR THE ALLOCATION OF
EXTRATERRITORIAL JURISDICTION, AND DEVELOPMENT AGREEMENT
BETWEEN THE TOWN OF PROSPER AND HILLWOOD ENTERPRISES, L.P.,
AS MORE FULLY DESCRIBED HEREIN, AND TAKE ANY AND ALL OTHER
ACTIONS NECESSARY TO EFFECTUATE THE SAME, INCLUDING THE
TOWN COUNCIL'S CONSENT TO SAME; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Hillwood Enterprises, L.P. ("Hillwood"), is a real estate development
company that is developing property generally located in the extraterritorial jurisdiction ("ETJ") of
the Town of Prosper, Texas ("Prosper"), the Town of Little Elm, Texas ("Little Elm"), and the City
of Aubrey, Texas ("Aubrey"), which property is more particularly described in the Interlocal
Agreement between the Town of Prosper, the Town of Little Elm, and the City of Aubrey for the
Allocation of Extraterritorial Jurisdiction, and Development Agreement between the Town of
Prosper and Hillwood Enterprises, L.P., attached hereto as Exhibit A and incorporated by
reference; and
WHEREAS, Section 42.023 of the Texas Local Government Code authorizes Prosper to
enter into an agreement to reduce its ETJ, pursuant to Section 42.022(d) of the Texas Local
Government Code; and
WHEREAS, Prosper, Little Elm, Aubrey and Hillwood have negotiated the attached
Agreement and all pertinent matters related thereto have been fully addressed by each of them.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
All of the above premises are found to be true and correct and are incorporated into the
body of this Resolution as if copied in their entirety.
SECTION 2
The Town Manager of the Town of Prosper, Texas, is hereby authorized to execute the
"Interlocal Agreement between the Town of Prosper, Texas, the Town of Little Elm, Texas, and
the City of Aubrey, Texas, for the Allocation of Extraterritorial Jurisdiction, and Development
Agreement between the Town of Prosper and Hillwood Enterprises, L.P.," and take any and all
other actions necessary to effectuate the same. This Resolution shall constitute consent to the
terms and conditions contained in said Agreement.
SECTION 3
This Resolution is effective immediately upon its passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THIS 26TH DAY OF JANUARY, 2016.
Ray Simith, ayor
ATTES .
obyn , Town Secretary
APPRO D AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Resolution No. 16-08,Page 2
EXHIBIT A
(Interlocal Agreement between the Town of Prosper, Texas, the Town of Little Elm, Texas,
and the City of Aubrey, Texas, for the Allocation of Extraterritorial Jurisdiction, and
Development Agreement between the Town of Prosper and Hillwood Enterprises, L.P.)
Resolution No.16-08,Page 3
Denton County
Jul! Luke
County Clerk
Denton, TX 76202
70 2D16 00032677
Instrument Number: 2016-32677
As
Recorded On: March 24,2016 Agreement
Parties: TOWN OF PROSPER TEXAS Billable Pages: 26
To Number of Pages: 26
Comment:
(Parties listed above are for Clerks reference only)
* THIS IS NOT A BILL**
Agreement 126.00
Total Recording: 126,00
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: 2016-32677 TOWN OF LITTLE ELM
Receipt Number: 1406079 ATTN KATHY PHILLIPS
Recorded Date/Time: March 24, 2016 02:06:50P 100 WEST ELDORADO PARKWAY
LITTLE ELM TX 75068
User/Station: T Duvall -Cash Station 2
THE STATE OF TEXAS}
COUNTY OF DENTON }
6 r 1 hereby certify that this Instrument was FILED In the File Number sequence on the dale/time
printed heron,and was duly RECORDED In the Official Records of Denton County,Texas.
a "L Jull Luke
County Clerk
"' Denton County, Texas
After Recording Return to
Town Secretary
Town of Prosper,Texas
P.O. Box 307
Prosper, Texas 75078
INTERLOCAL AGREEMENT BETWEEN THE TOWN OF PROSPER_, THE TOWN OF
LITTLE ELM, AND THE CITY OF AUBREY FOR THE ALLOCATION OF
EXTRATERRITORIAL JURISDICTION AND DEVELOPMENT AGREEMENT
BETWEEN THE TOWN OF PROSPER AND HILLWOOD ENTERPRISES L.P.
THIS INTERLOCAL AGREEMENT BETWEEN THE TOWN OF PROSPER, THE
TOWN OF LITTLE ELM, AND THE CITY OF AUBREY FOR THE ALLOCATION OF
EXTRATERRITORIAL JURISDICTION, AND DEVELOPMENT AGREEMENT
BETWEEN THE TOWN OF PROSPER AND HILLWOOD ENTERPRISES, L.P.
("Agreement") is entered into to be effective on the date that the last approving Party
executes the Agreement, (1) under and in accordance with the provisions of the
Interlocal Cooperation Act, Chapter 791, Texas Government Code, by and between the
TOWN OF PROSPER, TEXAS, a home-rule municipality ("Prosper"), the TOWN OF
LITTLE ELM, TEXAS, a home-rule municipality ("Little Elm"), and the CITY OF
AUBREY, TEXAS ("Aubrey"), a general law municipality, and (2) under and in
accordance with the provisions of Section 212.172 of the Texas Local Government
Code, by and between Prosper and Hillwood Enterprises, L.P., a Texas limited
partnership (`Developer"). Prosper, Little Elm, and Aubrey are sometimes collectively
referred to as "the Municipalities" and together with Developer, are sometimes referred
to collectively as the "Parties" or individually as a "Party."
ARTICLE ONE
RECITALS
1.1 WHEREAS, the Interlocal Cooperation Act authorizes any local government to
contract with one or more local governments to perform governmental functions
and services under the terms of the Act; and
1.2 WHEREAS, Section 42.023 of the Texas Local Government Code authorizes
Prosper to reduce its extraterritorial jurisdiction ("ETJ") by ordinance or
resolution; and Section 212.172 of the Texas Local Government Code authorizes
Prosper to make a written contract with an owner of land that is located in the
Prosper ETJ to authorize enforcement by Prosper of certain development and
land use regulations and address other lawful terms and considerations Prosper
and Developer consider appropriate; and
1.3 WHEREAS, Section 42.022(d), Texas Local Government Code, as amended,
authorizes the Municipalities to enter into an agreement to allocate property
within their respective ETJs to one of the other Municipalities; and
INTERLOCAL AGREEMENT FOR ETJ ALLOCATION AND DEVELOPMENT AGREEMENT—Page 1
1.4 WHEREAS, the Municipalities agree that currently ambiguity exists about the
extent of each Municipality's ETJ, and the purpose of this Agreement, in part, is
to clarify the limits of each Municipality's ETJ, and to undertake the other actions
referenced herein, including the release of any and all claims by any Municipality
against the other Municipalities relative to the extent of each Municipality's ETJ;
and
1.5 WHEREAS, all property in this Agreement is contiguous and generally is
adjacent to existing municipal boundaries and ETJ areas; and
1.6 WHEREAS, it is anticipated that Developer shall develop property, some of
which is currently in Prosper's ETJ, a description of which property is defined
herein; and
1.7 WHEREAS, Developer agrees to be subject to the terms and conditions of this
Agreement, and that such terms and conditions shall run with the land and be
binding on any future successors or assigns of Developer.
NOW, THEREFORE, this Agreement is made and entered into by Prosper, Little
Elm, Aubrey, and Developer, upon and for the mutual consideration hereinafter stated,
which entities hereby agree and understand as follows:
ARTICLE TWO
REPRESENTATIONS/CONSIDERATIONS
2.1 Representations.
(A) The Parties believe that the Recitals set forth above are true and correct in
all material respects and are hereby incorporated into the body of this
Agreement as though fully set forth in their entirety herein.
(B) Each of the Parties acknowledges and agrees that it has the requisite
power and authority to enter into this Agreement; that this Agreement has
been duly authorized and approved by its respective governing body
and/or Developer; and that the person executing the Agreement on its
behalf has been duly authorized to do so.
2.2 Consideration. The Parties acknowledge and agree that the obligations, rights
and benefits provided herein are mutual and supported by adequate
consideration.
ARTICLE THREE
PROPERTY SUBJECT TO ALLOCATION
3.1 Property Sola"ect to Allocation. The Parties agree and acknowledge that four
tracts are the subject of this Agreement, to wit: (1) a 284.26 acre tract, more or
INTERLOCAL AGREEMENT FOR ETJ ALLOCATION AND DEVELOPMENT AGREEMENT—Page 2
less, depicted on Exhibit A and described by metes and bounds on Exhibit B; (2)
a 45.87 acre tract, more or less, depicted on Exhibit A and described by metes
and bounds on Exhibit G; (3) a 20.153 acre tract, more or less, depicted on
Exhibit A and described by metes and bounds on Exhibit D; and (4) a 41.24 acre
tract depicted on Exhibit I and described by metes and bounds on Exhibit H. All
of the foregoing exhibits are incorporated by reference.
3.2 Prosper ETJ Tracts. Notwithstanding any potential claims by other Parties to
this Agreement, Prosper claims that its ETJ includes the following tracts, as
depicted on Exhibit E: a 26.41 acre tract of land, a 15.10 acre tract of land, and a
20.153 acre tract of land, all immediately west of Bryan Road, and a 45.87 acre
tract of land immediately east of Bryan Road (hereinafter collectively referred to
as "Prosper ETJ Tracts"). The Municipalities acknowledge and agree that the
26.41 acre tract and 15.10 acre tract referenced in this Paragraph are included in
the legal description as part the 284.26 acre tract referenced in Paragraph 3.1.
3.3 Allocation of Pros er ETJ Tracts to Aubrey. The Municipalities acknowledge
and agree that the 20.153 acre tract and the 45.87 acre tract contained in the
Prosper ETJ Tracts shall become part of Aubrey's ETJ.
3.4 Allocation of Prosper ETJ Trace to Little Elm. The Municipalities
acknowledge and agree that the 26.41 acre tract described by metes and bounds
on the attached Exhibit F and the 15.10 acre tract described by metes and
bounds on the attached Exhibit G contained in the Prosper ETJ Tracts shall
become part of Little Elm's ETJ.
3.5 Aubrey's Release of ETJ. Aubrey agrees that, after the Effective Date of this
Agreement, and upon Aubrey's receipt of certain fees and escrow funds
(collectively, "Aubrey Fees") that may be paid to Aubrey under a separate
agreement involving Aubrey and Developer, Aubrey will promptly adopt one or
more resolutions releasing one or more areas comprising the 284.26 acre tract
and/or the 41.24 acre "Lyndhurst Tract" described by metes and bounds on
Exhibit H and depicted on Exhibit II releasing such areas from Aubrey's ETJ,
thereby reducing Aubrey's ETJ. The exact areas that Aubrey shall become
obligated to release shall be dependent upon the Developer paying the Aubrey
Fees. The Parties agree that this Agreement shall not place upon Aubrey any
obligation to release ETJ in excess of what Aubrey is required to release under
said separate agreement involving Aubrey and the Developer. The Municipalities
intend that any such releases of ETJ by Aubrey as described in this paragraph
shall become part of Little Elm's ETJ. Notwithstanding any matter in this
Agreement, this Agreement shall not affect or otherwise change any Aubrey
corporate limits or Aubrey ETJ except as specifically set forth herein. This
Agreement shall not inure to the benefit of any party not a signatory to this
Agreement.
INTERLOCAL AGREEMENT FOR ETJ ALLOCATION AND DEVELOPMENT AGREEMENT—Page 3
3.6 Prosper's Release of ETJ. Prosper agrees that, upon the Effective Date of this
Agreement, concurrent with the adoption of a Town Resolution authorizing the
execution of this Agreement and the payment of the Transaction Fee referenced
in Paragraph 4.2, the Prosper ETJ Tracts are released from Prosper's ETJ,
thereby reducing Prosper's ETJ. The Municipalities intend that the 284.26 acre
tract shall become part of Little Elm's ETJ. Notwithstanding any matter in this
Agreement, this Agreement shall not affect or otherwise change any Prosper
corporate limits or Prosper ETJ except as specifically set forth herein. This
Agreement shall not inure to the benefit of any party not a signatory to this
Agreement.
3.7 Little Elm's Release of ETJ. Little Elm agrees that, upon the Effective Date of
Rs Agreement, concurrent with the adoption by the Town Council of Little Elm of
a resolution authorizing the execution of this Agreement, the 45.87 acre tract and
the 20.153 acre tract are released from Little Elm's ETJ thereby reducing Little
Elm's ETJ. The Municipalities intend that the 45.87 acre tract and 20.153 acre
tract shall become part of Aubrey's ETJ. Notwithstanding any matter in this
Agreement, this Agreement shall not affect or otherwise change any Little Elm
corporate limits or Little Elm ETJ except as specifically set forth herein. This
Agreement shall not inure to the benefit of any party not a signatory to this
Agreement
3.8 Mutual Release of Claims by Municipalities. By executing this Agreement,
each of the Municipalities releases any and all claims each may have against all
or any of the other Municipalities relative to the Property referenced in this Article
and that Property's inclusion in the ETJ of one or more of the Municipalities.
ARTICLE FOUR
SPECIFIC TERMS
4.1 Prosper's Attornev's Fees. Developer agrees to pay to Prosper any attorney's
fees charged to Prosper by Prosper's legal counsel for, among other things, legal
review and revision of this Agreement and all further agreements, ordinances or
resolutions contemplated by this Agreement, negotiations and discussions with
the Developer's attorney, the other Municipalities' attorneys and the provision of
advice to applicable Prosper Town Staff and the Prosper Town Council, in an
amount not to exceed $7,500.00 within ten (10) days upon receipt of an invoice
of same from Prosper.
4.2 Transaction Fee. The Developer agrees to pay to Prosper a transaction fee of
$1,300.00 per acre, as consideration for Prosper's release of the Tract, for a total
amount of $139,798.10. This fee shall be paid contemporaneously with or before
the release of any property from Prosper's ETJ.
INTERLOCAL AGREEMENT FOR ETJ ALLOCATION AND DEVELOPMENT AGREEMENT—Page 4
4.3 Development Buildira Restrictions. Developer agrees to restrict Developer's
use and development of the 15.10 acre tract and the 26.41 acre tract in
accordance with this Paragraph 4.3 as follows:
(A) The average density within the Prosper ETJ Tracts shall not exceed 4.25
single family dwelling units per gross acre.
(B) Multifamily residential dwelling units shall not be permitted within the
Prosper ETJ tracts.
(C) Within the Prosper ETJ Tracts, the exterior facades of a main building or
structure, excluding glass windows and doors, shall be constructed of
ninety percent (90%) masonry (as defined below). For purposes of this
Paragraph, "masonry" shall mean clay fired brick, natural and
manufactured stone, granite, marble, stucco and architectural concrete
block. Masonry shall also include cementatious fiber board; however,
cementatious fiber board used as the primary fagade cladding material will
be limited to a maximum of sixty percent (60%) of the homes constructed.
Cementatious fiber board may not be used as a facade cladding material
for portions of upper stories that are in the same vertical plane as the first
story, if other masonry material is used on the first story (i.e., brick or
stone on first story, and cementatious fiber board on upper stories in same
plane will not be allowed). Cementatious fiber board may also be used for
architectural features, including window box-outs, bay windows, room
dormers, garage door headers, columns, chimneys not part of an exterior
wall, or other architectural features. The remaining ten percent (10%) of
the exterior facades of a main building or structure, excluding glass
windows and doors, shall not be wood, vinyl or EIFS.
(D) At least five percent (5%) of the total restricted acreage (2.08 acres) shall
be provided for Common Areas and Open Space
(E) Utility and paving design specifications shall comply with the requirements
and guidelines of the North Central Texas Council of Governments, Texas
Commission on Environmental Quality, Texas Department of State Health
Services, Upper Trinity Regional Water District, Denton County and
Mustang Water Supply Corporation as they exist at the time of
construction of any buildings on the Prosper ETJ Tracts.
(F) All drainage facilities shall be designed and constructed with capacity
sufficient to carry storm water flows for a 100-year storm, as required by
Denton County regulations, as they now exist or may be amended.
(G) Fire hydrants and fire lanes shall be installed in all developments on the
Tract, in accordance with all State of Texas requirements. Water service
INTERLOCAL AGREEMENT FOR ETJ ALLOCATION AND DEVELOPMENT AGREEMENT—Page 5
shall meet minimum State fire flow requirements for residential and
commercial development, as applicable.
(H) Developer shall maintain plans and drawings of utilities, streets and
drainage facilities for all utility operating systems. Developer agrees to
allow Prosper, or its designated engineer, reasonable access to the
drawings, as requested by Prosper.
ARTICLE FIVE
REMEDIES UPON DEFAULT
It is not intended hereby to specify (and this Agreement shall not be considered
as specifying) an exclusive remedy for any default, but all such other remedies
(other than termination) existing at law or in equity may be availed of by either
Party hereto and shall be cumulative. However, recognizing that each Party's
undertakings hereunder are obligations, failure in the performance of which
cannot be adequately compensated in money damages alone, each Party
agrees, in the event of any default on its part, that the other Party shall have
available to them the equitable remedy of mandamus and specific performance
in addition to any other legal and equitable remedies (other than termination)
which may also be available. No waiver or waivers of any breach or default (or
any breaches or defaults) by either Party hereto or of performance by the other
Party of any duty or obligation hereunder shall be deemed a waiver thereof in the
future, nor shall any such waiver or waivers be deemed or construed to be a
waiver of subsequent breaches, defaults of any kind, character or description,
under any circumstances.
ARTICLE SIX
INDEMNIFICATION
6.1 TO THE EXTENT ALLOWED BY LAW, EACH PARTY AGREES TO DEFEND,
INDEMNIFY, AND HOLD HARMLESS THE OTHER (AND ITS OFFICERS,
AGENTS AND EMPLOYEES) FROM AND AGAINST ALL CLAIMS OR CAUSES
OF ACTION FOR INJURIES (INCLUDING DEATH), PROPERTY DAMAGES
(INCLUDING LOSS OF USE), AND ANY OTHER LOSSES, DEMANDS, SUITS,
JUDGMENTS, AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES
AND EXPENSES, IN ANY WAY ARISING OUT OF, OR RELATED TO, OR
RESULTING FROM ITS PERFORMANCE UNDER THIS AGREEMENT, OR
CAUSED BY ITS NEGLIGENT ACTS OR OMISSIONS (OR THOSE OF ITS
RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, OR ANY OTHER THIRD
PARTIES FOR WHOM IT IS LEGALLY RESPONSIBLE) IN CONNECTION WITH
PERFORMING THIS AGREEMENT.
6.2 THIS ARTICLE SIX SHALL SURVIVE THE TERMINATION OF THIS
AGREEMENT.
INTERLOCAL AGREEMENT FOR ETJ ALLOCATION AND DEVELOPMENT AGREEMENT—Page 6
ARTICLE SEVEN
GENERAL PROVISIONS
7.1 Term of Agreement. This Agreement shall be deemed effective on and from the
date that this Agreement is approved by the Municipalities and Developer
("Effective Date"), whichever approval occurring last being deemed the Effective
Date.
7.2 Modification. No change, amendment or modification of this Agreement shall
be made or be effective except by means of written agreement executed by the
Parties hereto.
7.3 Addresses and Notice. Unless otherwise provided herein, any notice,
communication, request, reply or advise (herein severally and collectively, for
convenience, called "Notice") herein provided or permitted to be given, made or
accepted by either Party to any other Party must be in writing and may be given
or be served by depositing the same in the United States mail postpaid and
registered or certified and addressed to the Party to be notified, with return
receipt requested, or by delivering the same to an officer of such Party, or by
prepaid telegram when appropriate, addressed to the Party to be notified. Notice
deposited in the mail in the manner described above shall be conclusively
deemed to be effective, unless otherwise stated herein, from and after the
expiration of three (3) days after it is so deposited. Notice given in any other
manner shall be effective only if and when received by the Party to be notified.
For any purposes of notice, the addresses of the Parties shall, until changed as
hereinafter provided, be as follows:
If to Prosper, to: Town of Prosper
P.O. Box 307
Prosper, Texas 75078
Attention: Town Manager
If to Little Elm, to: Town of Little Elm
100 West Eldorado Parkway
Little Elm, Texas 75068-5060
Attention: Town Manager
If to Aubrey, to City of Aubrey
107 S. Main Street
Aubrey, Texas 76227
Attention: City Administrator
If to Developer, to: Hillwood Enterprises, L.P.
Attn: Elaine Ford
3090 Olive Street, Suite 300
Dallas, TX 75219
INTERLOCAL AGREEMENT FOR ETJ ALLOCATION AND DEVELOPMENT AGREEMENT—Page 7
With a copy to:
Hillwood Chief Legal Officer
3090 Olive Street, Suite 300
Dallas, TX 75219
The Parties hereto shall have the right from time to time and at any time to
change their respective addresses and each shall have the right to specify as its
address any other address by at least fifteen (15) days' written notice to the other
Party hereto.
7.4 Representations. Each signatory represents this Agreement has been read by
the Party for which this Agreement is executed and that each Party has had an
opportunity to confer with its counsel.
7.5 No Third Pa[!y,Beneficiaries. Nothing in this Agreement shall be construed to
create any right in any third party not a signatory to this Agreement, and the
Parties do not intend to create any third party beneficiaries by entering into this
Agreement.
7.6 State or Federal haws Rules Orders or Regulations. This Agreement is
subject to all applicable Federal and State law, as they exist, may be amended or
in the future arising, and any applicable permits, ordinances, rules, orders and
regulations of any local, State or Federal governmental authority having or
asserting jurisdiction, but nothing contained herein shall be construed as a waiver
of any right to question or contest any such law, ordinance, order, rule or
regulation in any forum having jurisdiction.
7.7 Savings/Severability. The Parties hereto specifically agree that in case any one
or more of the sections, subsections, provisions, clauses or words of this
Agreement or the application of such sections, subsections, provisions, clauses
or words to any situation or circumstance shall be, or should be held to be, for
any reason, invalid or unconstitutional, under the laws or constitutions of the
State of Texas or the United States of America, or in contravention of any such
laws or constitutions, such invalidity, unconstitutionality or contravention shall not
affect any other sections, subsections, provisions, clauses or words of this
Agreement or the application of such sections, subsections, provisions, clauses
or words to any other situation or circumstances, and it is intended that this
Agreement shall be severable and shall be construed and applied as if any such
invalid or unconstitutional sections, subsection, provision, clause or word had not
been included herein, and the rights and obligations of the Parties hereto shall be
construed and remain in force accordingly.
7.8 Venue. This Agreement shall be construed in accordance with the laws of the
State of Texas and shall be performable in Denton County, Texas, which is the
County in which the Tract is located. It is specifically agreed between the Parties
to this Agreement that Denton County, Texas, is the place of performance of this
INTERLOCAL AGREEMENT FOR ETJ ALLOCATION AND DEVELOPMENT AGREEMENT—Page 8
Agreement; and in the event that any legal proceeding is brought to enforce this
Agreement or any provision hereof, the same shall be brought and exclusive
venue shall lie in Denton County, Texas.
7.9 Sovereign Immunitv. By entering into and executing this Agreement, the
Parties agree the Municipalities do not waive, limit or surrender their respective
sovereign immunity, except as specifically provided for herein.
7.10 Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted
equally by the Parties hereto. The language of all parts of this Agreement shall
be construed as a whole according to its fair meaning, and the presumption or
principle that the language herein is to be construed against either 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 Agreement.
7.11 Assignment. Except as provided in Paragraph 8.12 below, this Agreement may
not be assigned, in whole or in part, without the prior written approval of all
Parties.
7.12 Conveyance of Tract. In the event that Developer sells, conveys or otherwise
transfers ownership of any portion of the Prosper ETJ Tracts (a "Sale Tract") to
any person or entity (a "New Owner") other than a homebuilder or an end-user
homeowner, prior to such conveyance Developer shall require New Owner to
execute a joinder to this Agreement pursuant to which it assumes all of
Developer's obligations hereunder with respect to the Sale Tract (whereupon
New Owner shall be the "Developer" under this Agreement with respect to the
Sale Tract, and, provided it is not in default hereunder, Developer shall be
released from any further obligations under this Agreement with respect to the
Sale Tract). Neither Prosper nor District shall be bound to such joinder unless
and until it receives written notice and a fully executed copy thereof.
7.13 Recordation. Pursuant to the requirements of Section 212.172(f) of the Texas
Local Government Code, this Agreement, all amendments and joinders thereto,
and assignments thereof, shall be recorded in the deed records of Denton
County.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
duly executed in several counterparts, each of which shall constitute an original.
INTERLOCAL AGREEMENT FOR ETJ ALLOCATION AND DEVELOPMENT AGREEMENT—Page 9
APPROVED BY THE TOWN' OUNCIL OR THE TOWN OF PROSPER,
TEXAS, at its meeting held on the qay of , 2016, and executed
by its authorized re resentative.
TOWN OF PROSPER, TEXAS
By
_ y:
ffrsori
Title; Town Ma f„
Manager rho Prosper
1 1111"11'���$
ATTEST:
Name:RoYn
n, Battle
Title: Ti Secretary
APPROVED AS TO FORM:
Name-Terrence S. Welch
Title: Town Attorney
STATE OF TEXAS )
COUNTY OF COLLIN )
Before me, the undersigned authority, a notary public in and for the State of
Texas, on this day personally appeared Harlan Jefferson, 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 purpose and consideration expressed, and in the capacity
therein stated.
,,Ajvq under my hand and seal of office thisol&day of �6'_ 2016.
r , L , ^
r�"a wamwa�w°arx WN ,��
° � Notary public in and for State of
My commission expires: Texas
° •°�
t®-
INTERLOCAL AGREEMENT FOR ETJ ALLOCATION AND DEVELOPMENT AGREEMENT—Page 10
APPROVED BY THE TOWN �qUNCIL F R THE TOWN OF LITTLE ELM,
TEXAS, at its meeting held on the dlay of �� , 2016, and executed
by its authorized representative.
TOWYLITT '' M, TEXAS
By.
Title: Town Manager, Town of Little Elm
ATTEST:
lam` :Kathy Phillips
Title: Town Secretary
APPROVED AS TO FORM:
P
Name:Robert F. Brown
Title: Town Attorney
STATE OF TEXAS )
COUNTY OF DENTON )
Before me, the undersigned authority, a notary public in and for the State of
Texas, on this day personally appeared Matt Mueller, 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 purpose and consideration expressed, and in the capacity
therein stated.
A
Given under my hand and seal of office thiday of , , 2016.
Nota n a d for the�ahnr�oPHIUIPs _ ry public
PAY COMMISSION EXPIRES S
M commission expires: State of Texas
Odobw 12,2018 Y
INTERLOCAL AGREEMENT FOR ETJ ALLOCATION AND DEVELOPMENT AGREEMENT—Page 11
APPROVED BY THE CITY COUNCIL FOR THE CITY OF AUBREY, TEXAS, at
its meeting held on the � day of ar 2016, and executed by its
authorized representative.
SOF � CITY OF AUBREY TEXAS
" r w
®FFPCaAL* E
» _ By.
Ja e erg
o
SEAL y
„ Title: M or, City of Aubrey
� �jor�paaioie�"A
ATTEST:
Name:Jenny Huckabee
Title: City Secretary
APPROVED AS TO FORM:
Name:Clark McCoy
Title: Town Attorney
STATE OF TEXAS )
COUNTY OF DENTON )
Before me, the undersigned authority, a notary public in and for the State of
Texas, on this day personally appeared MeWMeCE-embs, 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 purpose and consideration expressed, and in the capacity
therein stated.
Given under my hand and seal of office this day of , 2016.
,WgryWbX dlf JR.I%ti'M1W�Si tW �d�4d L.r�Pk�LFG
r ,f � -' Notary public in and for the State of Texas
dtc�r�r �d9gG
A
Nw�yCornr�°ryu�a�A�a������ � My COmmISSIOn expires:
ly
05, 016
INTERLOCAL AGREEMENT FOR ETJ ALLOCATION AND DEVELOPMENT AGREEMENT—Page 12
APPROVED BY DEVELOPER on the �,L day of 2016„
and executed by Its authorized representative.
HILLWOOD ENTERPRISES, L.P.,
a Texas limited partnership
By: AHB, LLC,
a xas limited liability company,
it g1ral a e
B
N m
�°� .
� 1
Ti e`
STATE OF TEXAS )
)
COUNTY OFi CJ )
This instrument was acknowledged before me on r .,c .r. ... f . , ' 20 , by
, -rV10 of AHB, LLC, a Texas limited liability company,
on behalf of said limited liability company, in its capacity as general partner of Hillwood
Enterprises, L.P., a Texas limited partnership, on behalf of said limited partnership.
SHANNON SUSAN DEAR
"N'OTA Y PUSLIC•STATE OF TEXAS
COMM. EXP 01-22-2019 Notary public in and for the State of Texas
NOTARY Ib 109.36492
My commission expires„ -
INTERLOCAL AGREEMENT FOR ETJ ALLOCATION AND DEVELOPMENT AGREEMENT—Page 13
U i
r
r
I
r,rr� b
m
a
� W
~ � LU
X � a
w
W 0 w
c 2
o a
0
U_ �j
W
N 0
Z
Q
0
H
a
� V
0
J
J
Q
H
W
w
0
LL
F
Z
W
2
W
W
w
0
Q
J
a
V
0
J
Ix
W
Z
EXHIBIT B
Legal Description of 284.26 Acre Tract
Being a tract of land situated in the William Lumpkin Survey, Abstract No. 730, Denton County Texas,
and being the tract of land described in deed to Gene Paul McCutchin, recorded in volume 2610, page
93 of the deed records of Denton County,Texas (D.R.D.C.T.), same being the tract of land described in
deed to Gene McCutchin, recorded in Volume 927, Page 689 D.R.D.C.T., also being the 90 acre tract of
land described in deed to Wood,Thacker&Weatherly, P.C., recorded in Instrument No. 2010-43760 of
the Real Property Records of Denton County, Texas (R.P.R.D.C.T.), same being the tract of land
described in deed to Dan Trammel,recorded in Instrument No. 2010-51298, R.P.R.D.C.T., and the tract
of land described in deed to Heartspring Methodist Foundation, recorded in Instrument No. 2010-
24425, R.P.R.D.C.T. and being more particularly described as follows:
BEGINNING at a 5/8 inch iron rod with cap stamped "Cotton Surveying" set at the northeast corner of
said McCutchin tract and the southeast corner of said 90 acre tract of land, also the west line of a
called 255.945 acre tract of land described in deed to Development Solutions CR, LLC, recorded in
Instrument No. 2013-144477, R.P.R.D.C.T., in the approximate center of Bryan Road (gravel road);
THENCE South 01 Degrees 31 Minutes 19 Seconds West,generally along the center of said Bryan Road,
at a distance of 804.29 feet passing a 1/2" iron rod found for the southwest of said 255.945 acre tract,
continuing for a total distance of 1666.90 feet to a 1/2" iron rod found at the southeast corner of said
McCutchin tract, also being an interior corner of a called 757.040 acre tract of land described in deed
to H4 Little Elm,LP, recorded in Instrument No. 2013-48961, R.P.R.D.C.T.;
THENCE North 88 Degrees 41 Minutes 23 Seconds West, along the south line of said McCutchin tract
and the north line of said H4 Little Elm, LP tract, a distance of 5406.30 feet to a {United States Army
Corps of Engineers Monument}for the calculated southeast corner of a called 44.45 acre tract of land
described in deed to United States of America, recorded in Volume 2619, Page 152, D.R.D.C.T., also the
northwest corner of said H4 Little Elm, LP tract;
THENCE along the east line of said 44.45 acre USA tract, the following courses to the calculated
corners for monuments referenced in said 44.45 acre USA deed;
North 21 Degrees 00 Minutes 22 Seconds West, a distance of 170.97 feet to a {United States
Army Corps of Engineers Monument}for corner;
North 14 Degrees 17 Minutes 00 Seconds East, a distance of 306.52 feet to a {United States
Army Corps of Engineers Monument}for corner;
North 41 Degrees 14 Minutes 23 Seconds East, a distance of 176.93 feet to a {United States
Army Corps of Engineers Monument}for corner;
North 36 Degrees 23 Minutes 33 Seconds East, a distance of 382.81 feet to a {United States
Army Corps of Engineers Monument}for corner;
INTERLOCAL AGREEMENT FOR ETJ ALLOCATION AND DEVELOPMENT AGREEMENT—Page 15
EXHIBIT B
Legal Description of 284.26 Acre Tract
North 55 Degrees 19 Minutes 17 Seconds East, a distance of 301.44 feet to a {United States
Army Corps of Engineers Monument}for corner;
North 01 Degrees 54 Minutes 25 Seconds West, a distance of 358.20 feet to a {United States
Army Corps of Engineers Monument}for corner;
North 34 Degrees 29 Minutes 14 Seconds East, a distance of 276.50 feet to a {United States
Army Corps of Engineers Monument}for corner in the south line of a called 44.81 acre tract of
land described in deed to United States of America, recorded in Volume 2574, Page 510,
D.R.D.C.T.;
THENCE South 88 Degrees 37 Minutes 39 Seconds East, along the south line of said 44.81 acre USA
tract, a distance of 406.67 feet to a {United States Army Corps of Engineers Monument} for the
calculated southeast corner of said 44.81 acre tract and the southwest corner of the aforementioned
90 acre tract of land described in deed to Wood,Thacker&Weatherly, P.C.;
THENCE North 30 Degrees 33 Minutes 31 Seconds East, along the east line of said 44.81 acre tract, a
distance of 1097.47 feet to a {United States Army Corps of Engineers Monument} for a calculated
corner in the south line of a tract of land described to James E. McPherson, et al (deed not found), also
the southeast corner of a called 20.03 acre tract of land described in deed to United States of America,
recorded in Volume 2504, Page 265, D.R.D.C.T.;
THENCE South 88 Degrees 32 Minutes 45 Seconds East, along the south line of said James E.
McPherson, et al tract, a distance of 3760.52 feet to a 5/8 inch iron rod with cap stamped "Cotton
Surveying" set at the southeast corner of said James E. McPherson, et al tract,the west line of a called
153.254 acre tract of land described in deed to Development Solutions CR, LLC, recorded in Instrument
No. 2013-144483, R.P.R.D.C.T.;
THENCE South 01 Degrees 31 Minutes 19 Seconds West,generally along the center of said Bryan Road,
at a distance of 209.54 feet passing a 1/2" iron rod found for the southwest corner of said 153.254
acre tract, continuing for a total distance of 952.78 to the POINT OF BEGINNING and containing
284.260 acres of land more or less.
INTERLOCAL AGREEMENT FOR ETJ ALLOCATION AND DEVELOPMENT AGREEMENT—Page 16
EXHIBIT C
Legal Description of 45.87 Acre Tract
Being a tract of land situated in the William Lumpkin Survey, Abstract No. 730, Denton
County Texas, and being part of a called 255.945 acre tract of land described in deed to
Development Solutions CR, LLC, recorded in Instrument No. 2013-144477, Real Property
Records of Denton County, Texas, (R.P.R.D.C.T.) and being more particularly described as
follows:
BEGINNING at a 1/2 inch iron rod found at the southwest corner of said 255.945 acre
tract,the east line of a tract of land described in deed to Gene Paul McCutchin, recorded in
volume 2610, page 93 of the deed records of Denton County, Texas (D.R.D.C.T.) and in
Volume 927, Page 689 D.R.D.C.T., also a northwesterly corner of a called 757.040 acre
tract of land described in deed to H4 Little Elm, LP, recorded in Instrument No. 2013-
48961, R.P.R.D.C.T.,and also being in the approximate center of Bryan Road;
THENCE North 01 Degrees 31 Minutes 19 Seconds East, generally along the center of said
Bryan Road, at a distance of 804.29, a 1/2" iron rod found at the northeast corner of said
McCutchin tract, also the southeast corner of a called 90 acre tract of land described in
deed to Wood, Thacker & Weatherly, P.C., recorded in Instrument No. 2010-43760 of the
Real Property Records of Denton County, Texas (R.P.R.D.C.T.), same being the tract of land
described in deed to Dan Trammel, recorded in Instrument No. 2010-51298, R.P.R.D.C.T.,
and the tract of land described in deed to Heartspring Methodist Foundation, recorded in
Instrument No. 2010-24425, R.P.R.D.C.T., and continuing for a total distance of 1013.54 to
a 1/2" iron rod found for the northwest corner of said 255.945 acre tract;
THENCE South 88 Degrees 28 Minutes 41 Seconds East, along the north line of said
255.945 acre tract and the south line of a called 153.254 acre tract of land described in
deed to Development Solutions CR, LLC, recorded in Instrument No. 2013-144483,
R.P.R.D.C.T., a distance of 1990.39 feet;
THENCE South 01 Degrees 31 Minutes 19 Seconds West, departing the north line of said
255.945 acre tract, a distance of 994.38 feet to a point in the south line of said 255.945
acre tract and the north line of said 757.040 acre tract;
THENCE South 89 Degrees 01 Minutes 46 Seconds West, along the south line of said
255.945 acre tract and the north line of said 757.040 acre tract, a distance of 1990.48 feet
to the POINT OF BEGINNING and containing 45.87 acres of land more or less.
INTERLOCAL AGREEMENT FOR ETJ ALLOCATION AND DEVELOPMENT AGREEMENT—Page 17
EXHIBIT D
Legal Description of 20.153 Acre Tract
Being a tract of land situated in the William Lumpkin Survey, Abstract No. 730, Denton
County Texas, and being the tract of land described in deed to the James E. McPherson
Estate, as recorded in Volume 2228, Page 297 of the Deed Records of Denton County,
Texas (D.R.D.C.T.), and being more particularly described as follows:
BEGINNING at a 5/8 inch iron rod with cap stamped "Cotton Surveying" set at the
northeast corner of a called 90 acre tract of land described in deed to Wood, Thacker &
Weatherly, P.C., recorded in Instrument No. 2010-43760 of the Real Property Records of
Denton County, Texas (R.P.R.D.C.T.), the tract of land described in deed to Dan Trammel,
recorded in Instrument No. 2010-51298, R.P.R.D.C.T., and the tract of land described in
deed to Heartspring Methodist Foundation, recorded in Instrument No. 2010-24425,
R.P.R.D.C.T., also the west line of a called 255.945 acre tract of land described in deed to
Development Solutions CR, LLC, recorded in Instrument No. 2013-144477, R.P.R.D.C.T., in
the approximate center of Bryan Road (gravel road);
THENCE North 88 Degrees 32 Minutes 45 Seconds West, departing the approximate
center of said Bryan Road, along the north line of said south line of said Wood, Thacker &
Weatherly, P.C. tract, a distance of 690.00 feet to a point for corner;
THENCE North 01 Degrees 31 Minutes 19 Seconds East, over and across said McPherson
tract, a distance of 1267.58 feet to a point for corner in the north line of said McPherson
tract, also being the south line of a tract of land described in deed to Comanche Ridge 52
Partners, Ltd., recorded in Document No. 2007-10887, R.P.R.D.C.T.;
THENCE North 88 Degrees 19 Minutes 30 Seconds East, along the north line of said
McPherson tract and the south line of said Comanche Ridge 52 Partners, Ltd. tract, a
distance of 690.07 feet to the north east corner of said McPherson tract,
THENCE South 01 Degrees 31 Minutes 19 Seconds West, along the east line of said
McPherson tract, along the west line of said Development Solutions CR, LLC tract and
generally along the center of said Bryan Road, at a distance of 1276.97 feet to the POINT
OF BEGINNING and containing 20.153 acres of land more or less.
INTERLOCAL AGREEMENT FOR ETJ ALLOCATION AND DEVELOPMENT AGREEMENT—Page 18
i
r r
"
IL
fa z
w
LU W . :E
N
w
m a �I. w
cn
o O
x 40- z
LU , @ w
0
c �
O d
U Lj
.CL W
� O
Z
Q
fV
Z
uup uV 111111
V
O
O
1
1
ipr
H
w
w
O
LL
Z
LU
2
LU
w
� Q
Q
V
O
J
lz
w
H
2
EXHIBIT F
Legal Description of the 26.410 Acre Tract
Being a tract of land situated in the William Lumpkin Survey, Abstract No. 730, Denton County Texas,
and being the tract of land described in deed to Gene Paul McCutchin, recorded in volume 2610, page
93 of the deed records of Denton County, Texas (D.R.D.C.T.) also being the same tract of land
described in deed to Gene McCutchin, recorded in Volume 927, Page 689 D.R.D.C.T., and being more
particularly described as follows:
BEGINNING at a 5/8 inch iron rod with cap stamped "Cotton Surveying" set at the northeast corner of
said McCutchin tract and the southeast corner of a called 90 acre tract of land described in deed to
Wood, Thacker & Weatherly, P.C., recorded in Instrument No. 2010-43760 of the Real Property
Records of Denton County, Texas (R.P.R.D.C.T.), the tract of land described in deed to Dan Trammel,
recorded in Instrument No. 2010-51298, R.P.R.D.C.T., and the tract of land described in deed to
Heartspring Methodist Foundation, recorded in Instrument No. 2010-24425,R.P.R.D.C.T., also the west
line of a called 255.945 acre tract of land described in deed to Development Solutions CR, LLC,
recorded in Instrument No. 2013-144477, R.P.R.D.C.T., in the approximate center of Bryan Road
(gravel road);
THENCE South 01 Degrees 31 Minutes 19 Seconds West,generally along the center of said Bryan Road,
at a distance of 804.29 feet passing a 1/2" iron rod found for the southwest line of said 255.945 acre
tract,continuing for a total distance of 1666.90 feet to a 1/2"iron rod found at the southeast corner of
said McCutchin tract, also being an interior corner of a called 757.040 acre tract of land described in
deed to H4 Little Elm, LP, recorded in Instrument No. 2013-48961, R.P.R.D.C.T.;
THENCE North 88 Degrees 41 Minutes 23 Seconds West, along the south line of said McCutchin tract
and the north line of said H4 Little Elm, LP tract, a distance of 690.16 feet to a point for corner;
THENCE North 01 Degrees 31 Minutes 19 Seconds East,over and across said McCutchin tract,
a distance of 1,667.65 feet to a point for corner in the north line of said McCutchin tract;
THENCE South 88 Degrees 37 Minutes 39 Seconds East, along the south line of the aforementioned
Wood, Thacker & Weatherly, P.C. tract, a distance of 690.16 feet to the POINT OF BEGINNING and
containing 26.41 acres of land more or less.
INTERLOCAL AGREEMENT FOR ETJ ALLOCATION AND DEVELOPMENT AGREEMENT—Page 20
EXHIBIT G
Legal Description of the 15.100 Acre Tract
Being a tract of land situated in the William Lumpkin Survey,Abstract No. 730, Denton County Texas,
and being the tract of land described in deed to Wood, Thacker & Weatherly, P.C., recorded in
Instrument No. 2010-43760 of the Real Property Records of Denton County, Texas (R.P.R.D.C.T.), the
tract of land described in deed to Dan Trammel, recorded in Instrument No. 2010-51298,
R.P.R.D.C.T., and the tract of land described in deed to Heartspring Methodist Foundation, recorded
in Instrument No. 2010-24425, R.P.R.D.C.T., and being more particularly described as follows:
BEGINNING at a 5/8 inch iron rod with cap stamped "Cotton Surveying" set at the northeast corner
of a tract of land described in deed to Gene McCutchin, recorded in Volume 927, Page 689 of the
Deed Records of Denton County, Texas (D.R.D.C.T.), the west line of a called 255.945 acre tract of
land described in deed to Development Solutions CR, LLC, recorded in Instrument No. 2013-144477,
R.P.R.D.C.T., also in the approximate center of Bryan Road (gravel road), from said corner a 1/2" iron
rod found for the southeast corner of said McCutchin tract bears South 01 Degrees 31 Minutes 19
Seconds West,a distance of 1666.90 feet, also being an interior corner of a 757.040 acre tract of land
described in deed to H4 Little Elm, LP, recorded in Instrument No. 2013-48961, R.P.R.D.C.T.;
THENCE North 88 Degrees 37 Minutes 39 Seconds West, along the north line of said McCutchin tract,
a distance of 690.16 feet to a point;
THENCE North 01 Degrees 31 Minutes 19 Seconds East, over and across said McCutchin tract, a
distance of 953.76 feet to a point in the north line said Wood, Thacker & Weatherly, P.C. tract and
the south line of a tract of land described to James E. McPherson, et al;
THENCE South 88 Degrees 32 Minutes 45 Seconds East, along the south line of said James E.
McPherson, et al tract, a distance of 690.16 feet to a 5/8 inch iron rod with cap stamped "Cotton
Surveying" set at the southeast corner of said James E. McPherson, et al tract, the west line of a
called 153.254 acre tract of land described in deed to Development Solutions CR, LLC, recorded in
Instrument No. 2013-144483, R.P.R.D.C.T.;
THENCE South 01 Degrees 31 Minutes 19 Seconds West, generally along the center of said Bryan
Road, at a distance of 209.54 feet passing a 1/2" iron rod found for the southwest corner of said
153.254 acre tract, continuing for a total distance of 952.78 to the POINT OF BEGINNING and
containing 15.10 acres of land more or less.
INTERLOCAL AGREEMENT FOR ETJ ALLOCATION AND DEVELOPMENT AGREEMENT—Page 21
EXHIBIT H
Legal Description of the 41.24 Acre Lyndhurst Tract
Being a tract of land situated in the William Lumpkin Survey, Abstract No. 730, Denton
County Texas, and being part of a tract of land described in deed to Dallas Lyndhurst,
Ltd., recorded in Instrument No. 97-0090639, Deed Records of Denton County, Texas,
(D.R.D.C.T.) and being more particularly described as follows:
BEGINNING at the southeast corner of said Dallas Lyndhurst tract, the southwesterly
corner of the remainder of a called 757.040 acre tract of land described in deed to H4
Little Elm, LP, recorded in Instrument No. 2013-48961, R.P.R.D.C.T., being in the
common line between the William Lumpkin Survey, Abstract No. 730 and the Thomas
Navo Survey, Abstract No. 964, and in the approximate center of Fishtrap Road;
THENCE North 88 Degrees 14 Minutes 01 Seconds West, along the south line of said
Dallas Lyndhurst tract, along the approximate center of Fishtrap Road, along the
common line between the William Lumpkin Survey, Abstract No. 730 and the Thomas
Navo Survey, Abstract No. 964, a distance of 2102.37 feet to a Corp of Engineers
(C.O.E.) monument marking the east line of Tract No. L-1010 (Lake Lewisville);
THENCE North 63 Degrees 59 Minutes 15 Seconds West, along the east line of said
Tract L-1010 (Lake Lewisville), a distance of 66.15 feet to a C.O.E. monument in the
south line of a 4.05 acre tract of land described in deed to U.S.A. (Lake Lewisville),
recorded in Volume 2586, Page 543, D.R.D.C.T.;
THENCE departing the east line of said Tract L-1010 (Lake Lewisville), along the
south and east line of said 4.05 acre tract, the following courses:
North 70 Degrees 13 Minutes 37 Seconds East, a distance of 188.02 feet to a
C.O.E. monument;
South 81 Degrees 50 Minutes 20 Seconds East, a distance of 135.67 feet to a
C.O.E. monument;
South 49 Degrees 52 Minutes 23 Seconds East, a distance of 90.90 feet to a
C.O.E. monument;
North 26 Degrees 45 Minutes 24 Seconds West, a distance of 134.02 feet to a
C.O.E. monument;
North 52 Degrees 47 Minutes 18 Seconds West, a distance of 298.56 feet to a
C.O.E. monument;
North 16 Degrees 14 Minutes 46 Seconds East, a distance of 157.66 feet to a
C.O.E. monument;
INTERLOCAL AGREEMENT FOR ETJ ALLOCATION AND DEVELOPMENT AGREEMENT—Page 22
EXHIBIT H
Legal Description of the 41.24 Acre Lyndhurst Tract
North 52 Degrees 24 Minutes 47 Seconds East, a distance of 134.54 feet to a
C.O.E. monument;
South 70 Degrees 35 Minutes 33 Seconds East, a distance of 169.39 feet to a
C.O.E. monument;
North 03 Degrees 33 Minutes 53 Seconds West, a distance of 136.24 feet to a
C.O.E. monument in the east line of said Tract L-1010 (Lake Lewisville);
THENCE North 64 Degrees 13 Minutes 45 Seconds East, along the east line of said
Tract L-1010 (Lake Lewisville), a distance of 460.00 feet to a C.O.E. monument;
THENCE South 56 Degrees 59 Minutes 15 Seconds East, a distance of 300.00 feet to
a C.O.E. monument in the westerly line of a called 8.93 acre tract of land described in
deed to U.S.A. (Lake Lewisville), recorded in Volume 2530, Page 376, D.R.D.C.T.;
THENCE along the southerly and easterly line of said U.S.A. tract (Lake Lewisville),
the following courses:
South 13 Degrees 13 Minutes 43 Seconds West, a distance of 38.31 feet to a
C.O.E. monument;
South 59 Degrees 18 Minutes 21 Seconds East, a distance of 181.58 feet to a
C.O.E. monument;
South 65 Degrees 36 Minutes 56 Seconds East, a distance of 176.31 feet to a
C.O.E. monument;
South 43 Degrees 10 Minutes 14 Seconds East, a distance of 130.76 feet to a
C.O.E. monument;
North 67 Degrees 03 Minutes 16 Seconds East, a distance of 208.98 feet to a
C.O.E. monument;
South 41 Degrees 38 Minutes 59 Seconds East, a distance of 308.52 feet to a
C.O.E. monument;
North 29 Degrees 46 Minutes 27 Seconds West, a distance of 313.70 feet to a
C.O.E. monument;
North 46 Degrees 21 Minutes 31 Seconds West, a distance of 80.48 feet to a
C.O.E. monument;
INTERLOCAL AGREEMENT FOR ETJ ALLOCATION AND DEVELOPMENT AGREEMENT—Page 23
EXHIBIT H
Legal Description of the 41.24 Acre Lyndhurst Tract
North 29 Degrees 21 Minutes 13 Seconds West, a distance of 242.64 feet to a
C.O.E. monument;
North 66 Degrees 24 Minutes 26 Seconds West, a distance of 196.10 feet to a
C.O.E. monument;
North 01 Degrees 26 Minutes 28 Seconds East, a distance of 455.43 feet to a
C.O.E. monument at an easterly corner of the aforesaid 757.040 acre tract and
the northwest corner of said Dallas Lyndhurst tract;
THENCE South 88 Degrees 18 Minutes 12 Seconds East, along the common line
between said Dallas Lyndhurst tract and said 757.040 acre tract, a distance of 853.11
feet to a 5/8" iron rod;
THENCE South 01 Degrees 33 Minutes 09 Seconds West, along the common line
between said Dallas Lyndhurst tract and said 757.040 acre tract, a distance of
1330.60 feet to the POINT OF BEGINNING and containing 41.24 acres of land more
or less.
INTERLOCAL AGREEMENT FOR ETJ ALLOCATION AND DEVELOPMENT AGREEMENT—Page 24
U
H
N
d
L
a
c �
>' z
-� w
_ N w
m Q
z
w
O
Ed
o >
oit w
0
U Q
N LO z
z
O
Q
U
O
J
J
a
w
w
O
LL
H
z
w
f
w
w
oc
C7
a
J
a
U
O
J
LU
H
z