15-11 - RTOWN OF PROSPER, TEXAS
RESOLUTION NO. 15-11
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 AND DENTON COUNTY FRESH
WATER SUPPLY DISTRICT NO. 10 FOR THE REDUCTION AND RELEASE
OF DESIGNATED PORTIONS OF THE TOWN OF PROSPER'S
EXTRATERRITORIAL JURISDICTION, AND DEVELOPMENT AGREEMENT
BETWEEN THE TOWN OF PROSPER AND CHS SAVANNAH, 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, CHS Savannah, L.P., is a real estate development company that is
developing a portion of the property contained in Denton County Fresh Water Supply District
No. 10, consisting of 61.003 acres, more or less, in the extraterritorial jurisdiction ("ETJ") of the
Town of Prosper, Texas ("Prosper"), which property is more particularly described in the
Interlocal Agreement Between the Town of Prosper and Denton County Fresh Water Supply
District No. 10 for the Reduction and Release of Designated Portions of the Town of Prosper's
Extraterritorial Jurisdiction, and Development Agreement Between the Town of Prosper and
CHS Savannah, L.P. ("Agreement"), 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; and
WHEREAS, Prosper, Denton County Fresh Water Supply District No. 10 and CHS
Savannah, L.P., 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 and Denton County Fresh Water Supply
District No. 10 for the Reduction and Release of Designated Portions of the Town of Prosper's
Extraterritorial Jurisdiction, and Development Agreement Between the Town of Prosper and
CHS Savannah, 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 10TH DAY OF FEBRUARY, 2015.
Ray Smith, Mayor
ATTEST;
wn S'
Robyn Ciat� , To" retarys
APPROVE�6 AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Resolution No. 15-11, Page 2
EXHIBIT A
(Interlocal Agreement Between the Town of Prosper and Denton County Fresh
Water Supply District No. 10 for the Reduction and Release of Designated
Portions of the Town of Prosper's Extraterritorial Jurisdiction, and Development
Agreement Between the Town of Prosper and CHS Savannah, L.P.)
Resolution No. 15-11, Page 3
1��II9q@�Ap CI9��tlUm�9�
31119
Recorded On: March 27, 2015
Parties: TOWN OF PROSPER
TO
Comment:
Denton County
Juli Luke
County Clerk
Denton, TX 76202
Instrument Number: 2015-31119
As
Agreement
Parties listed above are for Clerks reference only
THIS IS NOT A BILL
Agreement 82.00
Total Recording: 82.00
Billable Pages: 15
Number of Pages: 15
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: 2015-31119 TOWN OF PROSPER
Receipt Number: 1268460 PO BOX 307
Recorded Date/Time: March 27, 2015 04:46:03P PROSPER TX 75078
User / Station: C Robinson - Cash Station I
THE STATE OF TEXAS
�t� COUNTY OF DENTON}
I hereby certify that this Instrument was FILED In the File Number sequence on the date/time
.1 printed heron, and was duty RECORDED In the Official Records of Denton County, Texas.
foo Juli Luke
County Clerk
Denton County, Texas
After Recorrtlna Return to:
Town Secretary
Town of Prosper, Texas
P.O. Box 307
Prosper, Texas 75078
INTERLOCAL AGREEMENT BETWEEN THE TOWN OF PROSPER AND DENTON
COUNTY FRESH WATER SUPPLY DISTRICT NO. 10 FOR THE REDUCTION AND
RELEASE OF DESIGNATED PORTIONS OF THE TOWN OF PROSPER'S
EXTRATERRITORIAL JURISDICTION, AND DEVELOPMENT AGREEMENT
BETWEEN THE TOWN OF PROSPER AND CHS SAVANNAH, L.P.
THIS INTERLOCAL AGREEMENT BETWEEN THE TOWN OF PROSPER AND
DENTON COUNTY FRESH WATER SUPPLY DISTRICT NO. 10 FOR THE
REDUCTION AND RELEASE OF DESIGNATED PORTIONS OF THE TOWN OF
PROSPER'S EXTRATERRITORIAL JURISDICTION, AND DEVELOPMENT
AGREEMENT BETWEEN THE TOWN OF PROSPER AND CHS SAVANNAH, 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" or the "Town") and
DENTON COUNTY FRESH WATER SUPPLY DISTRICT NO. 10 (the "District"), a
political subdivision of the State of Texas operating under the provisions of Article XVI,
Section 59 and Article III, Section 52 of the Texas Constitution and Chapters 49, 51,
and, for limited purposes, 53, Texas Water Code, as amended, and (2) under and in
accordance with the provisions of Section 212.172 of the Texas Local Government
Code, by and between the Town and CHS Savannah, L.P. ('Developer"). Prosper, the
District and 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, Texas Local Government Code section 42.023 authorizes Prosper
to reduce its extraterritorial jurisdiction ("ETJ') by ordinance or resolution; and
Texas Local Government Code section 212.172 authorizes Prosper to make a
written contract with an owner of land that is located in the Prosper ETJ to
guarantee the continuation of the extraterritorial jurisdiction of the land and its
immunity from annexation; authorize enforcement by Prosper of certain
development and land use regulations; and address other lawful terms and
considerations Prosper and Developer consider appropriate; and
INTERLOCAL AGREEMENT FOR RELEASE OF ETJ AND DEVELOPMENT AGREEMENT—Page 1
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1.3 WHEREAS, Developer is the owner of an approximate 61.003 acre tract of land
located north of Fishtrap Road, west of FM 1385 and north of, and contiguous to,
District territory, said tract more particularly described in Exhibit A, attached
hereto and incorporated herein for all purposes (the "Tract"), and which is located
in Prosper's ETJ; and
1.4 WHEREAS, Prosper has determined that it is in the best interests of Prosper to
release a portion of the Tract under the terms and conditions set forth in this
Agreement; and
1.5 WHEREAS, it is anticipated that Developer shall develop the lots in the Tract
which is the subject of this Agreement; and
1.6 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, the
District 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
that the person executing the Agreement on its behalf has been duly
authorized to do so.
2.2 Consideration
and benefits
consideration.
The Parties acknowledge and agree that the obligations, rights
provided herein are mutual and supported by adequate
INTERLOCAL AGREEMENT FOR RELEASE OF ETJ AND DEVELOPMENT AGREEMENT—Page 2
ARTICLE THREE
SPECIFIC TERMS
3.1 Prosper's Attornev Fees. The 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 District's attorney and the
provision of advice to applicable Prosper Town Staff and the Prosper Town
Council, in an amount not to exceed $5,000.00 within ten (10) days upon receipt
of an invoice of same from Prosper.
3.2 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 $79,304.00. This fee shall be paid contemporaneously with or before
the release of the Tract from Prosper's ETJ.
3.3 Development BuiGldinau Restrictions. Developer agrees to restrict Developer's
use and development of the Tract in accordance with the provisions of this
Section 3.3. Prosper agrees that it will require the District, and the District, to the
extent permissible under Texas law, and Developer so agree, to restrict the
District's/Developer's use and development of the Tract as follows:
(A) The average density within the Tract shall not exceed 4.25 single family
dwelling units per gross acre.
(B) Multifamily residential dwelling units shall not be permitted within the
Tract.
(C) Within the Tract, 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
INTERLOCAL AGREEMENT FOR RELEASE OF ETJ AND DEVELOPMENT AGREEMENT—Page 3
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facades of a main building or structure, excluding glass windows and
doors, shall not be wood, vinyl or EIFS.
(D) At least ten percent (10%) of the total acreage of the Tract (6.1 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 Tract.
(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
shall meet minimum State fire flow requirements for residential and
commercial development, as applicable.
(H) The District shall maintain plans and drawings of utilities, streets and
drainage facilities for all District operating systems. The District agrees to
allow the Town, or its designated engineer, reasonable access to the
drawings, as requested by the Town.
ARTICLE FOUR
RELEASE OF ETJ TO THE DISTRICT; ETJ STRIP TO REMAIN
4.1 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, with the exception of the ETJ Strip (hereinafter
defined), the Tract is released from Prosper's ETJ, thereby reducing Prosper'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.
4.2 ETJ Strip. The Town, Developer and District specifically acknowledge and
agree that Prosper shall retain a one -foot (1') strip of its ETJ along, inside and
adjacent to the perimeter of the Tract ("ETJ Strip"), and that Prosper shall have
no obligation to maintain or provide any municipal services to or in said ETJ
Strip.
INTERLOCAL AGREEMENT FOR RELEASE OF ETJ AND DEVELOPMENT AGREEMENT—Page 4
FA
4.3 Jurisdictional Status. The ETJ Strip shall remain in the Prosper ETJ and shall
be immune from full purpose annexation by Prosper until January 1, 2040, unless
otherwise agreed by the parties.
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 RELEASE OF ETJ AND DEVELOPMENT AGREEMENT—Page 5
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ARTICLE SEVEN
GENERAL PROVISIONS
7.1 Term of Aweernent. This Agreement shall be deemed effective on and from the
date that this Agreement is approved by the Prosper Town Council, the District's
Board of Directors 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 the District, to: Denton County Fresh Water Supply District No. 10
Attn: President
c/o Crawford & Jordan LLP
19 Briar Hollow Lane, Suite 245
Houston, Texas 77027
If to the Developer, to: CHS Savannah, L.P.
Attn: Phillip W. Huffines
8200 Douglas Avenue, Suite 300
Dallas, Texas 75225
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
INTERLOCAL AGREEMENT FOR RELEASE OF ETJ AND DEVELOPMENT AGREEMENT—Page 6
pw�
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 Partv 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 Laws, 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 Savinns/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
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 Immunity. By entering into and executing this Agreement, the
Parties agree neither Prosper nor the District waives, limits or surrenders its
sovereign immunity, except as specifically provided for herein.
INTERLOCAL AGREEMENT FOR RELEASE OF ETJ AND DEVELOPMENT AGREEMENT—Page 7
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7.10 Miscellaneous Drafti'na 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 8As 1 . Cl nrnent. Except as provided in Section 7.12 below, this Agreement may not
be assigned, in whole or in part, without the prior written approval of all Parties.
7.12 Convevance of Tract. In the event that Developer sells, conveys or otherwise
transfers ownership of any portion of the Tract (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.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
INTERLOCAL AGREEMENT FOR RELEASE OF ETJ AND DEVELOPMENT AGREEMENT—Page 8
APPROVED BY THE TOWN OUNCIL .F R THE TOWN OF PROSPER,
� A
TEXAS, in its meeting held on the ay of ( „ 2015, and executed
by its authorized representative.
TOWN OF PROSPER, TEXAS
of pt("
Bm pu m pm y.
e. : iplow'lui 'WWII ;W' wu title:
Name:WR yn Battle
Title: T wn Secretary
APPROVED AS TO FORM:
Name:Terrence S. Welch
Title: Town Attorney
STATE OF TEXAS
COUNTY OF COLLIN
Town Manage
r
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.
Given under my hand and seal of office this day of, 2015.
Notary public in and for the date of Texas
My commission expires: IC --15- J r7
INTERLOCAL AGREEMENT FOR RELEASE OF ETJ AND DEVELOPMENT AGREEMENT—Page 9
APPROVED BY THE BOARD OF DIRECTORS FOR DENTON COUNTY
FRESH WATER SUPPLY DISTRICT #10, in its meeting held on the _LSjjt day of
3 (AJV) 1& 0, Y 4 , 2015, and executed by its authorized representative.
DENTON COUNTY FRESH WATER SUPPLY
DISTRICT NO. 10
Z
ATTEST:
By:
Secretary, Board of Directors
APPROVED AS TO FORM:
V
Name: C py Crawf rd
Title: Attorney for the District
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 'RxA� C,. v' :> , 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 offi,r 4't 2
day of 015.
NolarV PubtlI(JIO of lexNotary public in and for the State of Texas
e, Sas,
LI$A BLOOMFIELD
MY comm}ssion FXpires
June 27', 2015 My commission expires: '_,Yu 77 '2_0 0E:1
INTERLOCAL AGREEMENT FOR RELEASE OF ETJ AND DEVELOPMENT AGREEMENT—Page 10
APPROVED BY THE DEVELOPER, on the 2 day of
2015, and executed by its authorized representative.
CHS SAVANNAH, L.P., a Delaware limited
partnership
By: HC Operating Savannah, LLC, a Texas
limited liability company, its general partner
By: HC Operating, L.P., a Texas limited
partnership, its sole member
By: HC Operating GP, LLC, a Texas
limited liability company, its
general partner
By: r.-
s"�
STATE OF TEXAS )
COUNTY OF 21a 145 )
Before me, the undersigned authority, a notary public in and for the State of
Texas, on this day personally appeared i "/11//,01 /& W/I�'.� , known to me
to be the person whose name is subscribed to the eregoing 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 J A ll o e� l' l 2015.
te of Te
�fiary public in and for tWe a .
ryrwA, ,„
Texas
JULIANNE E PRUDHOMME ;.: ley COmmISSIOn exp res:
r
My Commission Expires
November 19, 2016
INTERLOCAL AGREEMENT FOR RELEASE OF ETJ AND DEVELOPMENT AGREEMENT—Page 11
EXHIBIT A
The Tract's Legal Description
61.003 ACRE TRACT
BEING that certain tract of land situated in the WILLIAM LUMPKIN SURVEY,
ABSTRACT NO. 730, in Denton County, Texas, and being all of a called 20.264 acre
tract of land described as Tract 9 in deed to CHS Savannah, L.P. recorded in Document
No. 2006-40724, of the Real Property Records of Denton County, Texas (RPRDCT),
and all of a called 40.739 acre tract of land described as Tract 8 in said deed to CHS
Savannah, L.P. and being more particularly described as follows;
BEGINNING at a 1/2 -inch iron rod found for the most easterly southeast corner of said
Tract 9, and also being located on the west line of that certain tract of land described in
deed to Richard J. Handley, recorded in County Clerk's Document Number 97-
R0083816, RPRDCT;
THENCE North 87 degrees 35 minutes 06 seconds West, with the most easterly south
line of Tract 9, a distance of 102.58 feet to a 5/8 -inch iron rod with cap marked "PETITT
- RPLS 4087" found for corner;
THENCE South 02 degrees 24 minutes 54 seconds West, continuing with said
southerly line of Tract 9, a distance of 23.40 feet to a "PK" nail found for corner in the
approximate center of Fish Trap Road (undedicated public road), said nail also being
located on the north line of that certain tract of land described in deed to Kyo Yoo Lee
and Chong S. Lee recorded in County Clerk's Document Number 96-R0032397,
RPRDCT;
THENCE North 88 degrees 11 minutes 08 seconds West, generally with the center of
Fish Trap Road, the south line of Tract 9, and the north line of said Kyo Yoo Lee and
Chong S. Lee tract, passing at a distance of 377.80 feet a "PK" nail found at the
southwest corner of Tract 9, and the southeast corner of the aforementioned Tract 8 in
deed to CHS Savannah, L.P. recorded in Document No. 2006-40724, RPRDCT,
continuing with the most easterly south line of said Tract 8, the north line of the Lee
tract, and generally along the center of Fish Trap Road, in all, a distance of 712.26 feet
to a 1/2 inch iron rod found at the northwest corner of the Lee tract, and the northeast
corner of Savannah Phase 2, an addition to Denton County, Texas, according to the
plat thereof recorded in Cabinet V, Page 382, of the Plat Records of Denton County,
Texas;
THENCE North 87 degrees 58 minutes 44 seconds West, continuing with the most
easterly south line of Tract 8, the north tine of said Savannah Phase 2, and generally
along the center of Fish Trap Road, a distance of 149.75 feet to a "PK" nail found for
corner at the southeast corner of that certain tract of land described in deed to Wisteria
Storage, L.C.C. recorded in Instrument No. 2005-157713, RPRDCT;
THENCE North 01 degree 20 minutes 54 seconds East, with the east line of said
Wisteria Storage, L.C.C. tract, a distance of 200.77 feet to a 5/8 -inch iron rod with cap
marked "PETITT - RPLS 4087' found for corner at the northeast corner of the Wisteria
Storage, L.C.C. tract, and an "ell" corner of Tract 8;
THENCE North 88 degrees 46 minutes 25 seconds West, with the north line of the
Wisteria Storage, L.C.C. tract, and the most westerly south line of Tract 8, a distance of
457.57 feet to a 1 inch pipe found for corner at the northwest corner of the Wisteria
Storage, L.C.C. tract, and the most westerly southwest corner of Tract 9;
THENCE North 02 degrees 07 minutes 54 seconds East, with the west line of Tract 8,
and the east line of that certain tract of land described in deed to H4 Little Elm, L.P.
recorded in Instrument No. 2013-48961, RPRDCT, and generally with a meandering
fence, a distance of 1789.23 feet to a nail in corner post found for corner at the
northwest corner of Tract 9, and an "ell" corner of said H4 Little Elm, L.P. tract;
THENCE South 87 degrees 45 minutes 53 seconds East, with the north line of Tract 8,
a south line of the H4 Little Elm, L.P. tract, and generally along a fence, passing at a
distance of 938.05 feet a 5/8 -inch iron rod with cap marked "PETITT - RPLS 4087'
found at the northeast corner of Tract 8, and the northwest corner of the aforementioned
Tract 9 in deed to CHS Savannah, L.P. recorded in Document No. 2006-40724,
continuing with the north line of said Tract 9, and generally along a fence, in all, a
distance of 1351.96 feet to a 5/8 -inch iron rod with cap marked 'PETITT - RPLS 4087'
found for corner at the northeast corner of Tract 9;
THENCE South 00 degrees 00 minutes 30 seconds East, with the east line of Tract 9, a
distance of 1954.54 feet to the POINT OF BEGINNING and containing a calculated
area of 61.003 acres of land.
EXHIBIT A-1
61.003 ACRE TRACT
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