- GUNERI EST.1901 105 N. 4th Street, P.O. Box 349 Gunter, TX 75058-0349 903-433-5185 Fax: 903-433-8039 AGENDA Gunter City Council Regular Meeting Thursday, July 3, 2025 6:00 p.m. Pursuant to Chapter 551 ofthe Texas Government Code, notice is hereby given ofa a Regular Meeting ofthe City Council oft the City of Gunter, Texas to be held on July 3, 2025, at 6:00 p.m., in the Gunter Public Safety Building, located at 105 N. 4th Street, Gunter, Texas, at which time the following will be discussed and considered: Pursuant to Section 551.127, Texas Government Code, one or more Councilmembers or employees may attend this meeting remotely using videoconferencing technology. The video and audio feed of the videoconferencing equipment can be viewed and heard by the public at the address posted above as the location of the meeting. Welcome to the City Council Meeting. Please sign the Sign-In-Sheet as a record of attendance. Ifyou wish to speak on an open-session agenda item, please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. A card to speak at a public hearing may be submitted any time before the public hearing is closed. CALL TO ORDER REGULAR CITY COUNCIL MEETING [Mayor will call the meeting to order, establish a quorum ifpresent, and declare notice is legally, posted pursuant to the Open Meetings Act. During the course ofthe meeting, members ofthe audience wishing to speak must be recognized by the Presiding Officer.) INVOCATION AND PLEDGE OF ALLEGIANCE AGENDA ITEM COMMENTS [The city council allows citizens to speak before an agenda item. Comments must be on topic. Citizens may address the Council for a maximum oft three minutes. Comments shall be made from the podium. Please state your name and address for the record. The Open Meetings Act Section 551.007 allows, but does not require, the City Council members to respond.] 1. Mayor / Alderman Report: General Notifications, Announcements, Appreciations Lightning Notification System Streets Drainage Study July 4th Celebration REGULAR AGENDA 2. Discuss, consider, and act upon revisions of the City of Gunter Procurement Policy. 3. Discuss, consider, and act upon accepting and awarding a Demolition Bid for 1145 Stonebridge Pass. 4. Discuss, consider, and act upon a Resolution acknowledging the Senate Bill 2038 Petitions, previously denied by council, are released from the City of Gunter's ETJ. 5. General discussion regarding Sunset Ranch Municipal Utility District and other MUDs. 6. General discussion regarding City Services, Interlocal Agreements (ILAs) and High- Density areas. 7. Discussion regarding Legislative Updates with City Attorney. 8. Discuss, consider, and act upon ratifying an Interlocal Agreement (ILA) with Grayson County for Asphalt Patch Repair ofBlock Road. 9. Discuss, consider, and act upon an Interlocal Agreement (ILA) with Grayson County for Annual Pothole Patching. 10. Discuss, consider, and act upon accepting the First Amendment to Development Agreement by and between BNSF Development Co. LLC, BNSF Railway Company, BN Leasing Corporation, and the City of Gunter. 11. COUNCIL BUSINESS EXECUTIVE SESSION Pursuant to Chapter 551, Texas Government Code, The Council will convene into executive session (closed meeting) to discuss the following: A. $ 551.071: Consultation with the City Attorney on a matter in which the duty ofthe attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct ofthe State Bar of Texas clearly conflicts with the Texas Open Meetings Act regarding pending or contemplated litigation; or a settlement offer re: a. BNSF b. Discussion regarding Contemplated Litigation which may not be disclosed at this time. RECONVENE TO OPEN SESSION In accordance with Texas Government Code, Chapter 551, the City Council will reconvene into Open Session to consider action, if any, on matters discussed in Executive Session. 12. Discuss, and take appropriate action on any Executive Session item. ADJOURN I, the undersigned authority, do hereby certify that the above Notice ofCity Council Meeting ofthe City ofGunter, Texas is a true and correct copy of said Notice and that I posted a true and correct copy of said Notice on the window of City Hall of said Gunter, Texas, a place convenient to the public, and said Notice was posted on or before June 30, 2025, at 6:00 p.m. and remained sO posted continuously for at least seventy-two hours immediately preceding the date of said meeting. DAL Detra Gaines, City Secretary Ifduring the course ofthe meeting covered by this notice, the City Council should determine that a closed or executive: meeting or session of the City Council or a consultation with the attomey for the City should be held or is required, then such closed or executive: meeting or session or consultation with attorney as authorized by the Texas Open Meetings Act," Texas Government Code 551.001 et. seq, willl bel held by the City Council at the date, hour andj place given int this notice as the City Council may conveniently meet in such closed or executive meeting or session or consult with the attorney for the City concerning any and all subjects and for any and all purposes permitted by the Act, including, but not limited to, the following sections and purposes: Texas Government Code Section: 551.071 Private consultation with the City's attorney on any item listed on the agenda or authorized by law. 551.072 For the purpose of discussing the purchase, exchange, lease or value ofreal property. 551.073 For the purpose of considering a negotiated contract for a prospective gift or donation. 551.074 For thej purpose of considering the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee or to hear complaints or charges against a public officer or employee. 551.076 To consider the deployment, specific occasions for implementation, ofs security personnel or devices. 551.084 For the purpose ofe excluding witnesses during examination of another witness. 551.087 For the purposes of considering economic development negotiations. Persons with disabilities who plan to attend this meeting and who may need assistance should contact Detra Gaines, City Secretary, at (903) 433- 5185 two working days prior to the meeting sO that appropriate arrangements can be made. YI OR CITY COUNCIL MEETING GUNERI July 3,2025 EST. 1901 6:00 PM AGENDA ITEM #1 Mayor / Alderman Report: General Notifications, Announcements, Appreciations Lightning Notification System Streets Drainage Study July 4th Celebration AGENDA ITEM SUMMARY/BACKGROUND: PRESENTED BY: Karen Souther, Mayor FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See Attachments a Y O CITY COUNCIL MEETING GUNGERI July 3, 2025 EST. 1901 6:00 PM AGENDA ITEM #2 Discuss, consider, and act upon revisions of the City of Gunter Procurement Policy. AGENDA ITEM UNMARYBACKGROINPA PRESENTED BY: Karen Souther, Mayor FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See Attachments CITY OF GUNERI EST. 1901 Procurement Policies TABLE OF CONTENTS Chapter 1 INTRODUCTION. 3 Section 1. Background. 3 Section 2. Mission and Goals ofl Public Purchasing. 3 Section 3. Purchasing Policy Statement. 4 Section 4. Other Resources. 5 Chapter 2 PURCHASING ETHICS. 6 Section 1. Ethics Policy Statement. 6 Section 2. Accountability of City Employees. 6 Section 3. Ethical Standards. 7 Chapter: 3 PURCHASING PROCEDURES. 9 Section 1. Conflict of Interest. 9 Section 2. Department Responsibilities. 9 Section 3. Purchasing Parameters. 10 A. Petty Cash (0 to $50). 10 B. Purchases less than $3,000 (0 to $2,999.99). 10 C. Purchases $3,000 but less than $50,000. 11 D. Purchases $50,000 and Over. 11 Section 4. Tax Exempt Certificate. 11 Section 5. Purchasing Procedure Violations. 11 Section 6. Exceptions to Competitive Bidding. 12 A. Emergency Purchases 12 B. Sole Source Purchases. 13 C. Other Exceptions. 13 Section 7. Professional Services. 14 Section 8. Lease Purchases. 14 Section 9. Purchasing Card Program (P-Card). 15 Section 10. Purchase Order Processing. 15 Section 11. Receiving and Inspection. 15 Section 12. Prompt Payment Act. 16 Chapter 4 COMPETITIVE BID PROCESS. 17 Section 1. Request for Quote (Purchases $3,000 and less than $50,000.. 17 Section 2. Bid/Request for Proposal Process (Purchases $50,000 and Over).. 17 A. Procedure Requirements for Bids/Request for Proposals (RFP). 18 B. Establishing Bid Specifications. 18 C. Awarding the Bid. 19 D. Contested Bids. 20 E. Awarding the Request for Proposal (RFP). 20 F. Verification of Insurance. 21 G. Bonding Requirements 22 H. Change Orders to Contracts. 22 Section 3. State Contracts and Cooperatives. 22 Chapter 5 DISPOSAL OF SURPLUS PROPERTY, 23 2/Page Chapter 6 DEFINITIONS. 24 CHAPTER 1: INTRODUCTION Section 1. Background The Purchasing Policy and Procedure Manual provides the City departments information to assist in making decisions regarding the purchase of goods and services necessary to perform the functions oftheir offices and/or departments effectively. City staff must ensure that purchasing responsibilities are accomplished in compliance with Texas Local Government Code, including Chapters 252 and 271, Purchasing and Contracting Authority of Municipalities, other relevant federal, state, and local statutes, and City of Gunter policies. This is accomplished primarily through competitive bids/proposals with the City's best interests always paramount. The City of Gunter embodies best practices, promotes transparency, fairness, and competitiveness in state and local government. This policy is provided to protect employees and the use of public funds. Employees will bel held accountable for the proper use and administration ofthe purchasing process. This policy/manual has been prepared for the use of City personnel and other interested parties to serve as policy for all procurement related activities. It is the responsibility of each employee involved in the procurement process to understand the policies, the meaning, and the intent. Individuals making purchases in a manner that does not adhere to the City's Purchasing Policy or enters into a private transaction with the vendor, assumes responsibility for payment and may be subject to disciplinary action. Section 2. Mission and Goals ofPublic Purchasing The mission oft the Purchasing Policy ofthe City of Gunter is to: Foster an understanding and appreciation of sound purchasing practices throughout all departments oft the City; Acquaint all persons (internally and externally) in respect to the City's purchasing policies and procedures; Ensure compliance with local, state, and federal laws applicable to city purchasing; Attempt to gain the most value in every purchase; Eliminate high cost, convenience buying; Provide an ongoing supply of quality goods and services to all City offices; and 3]Page Protect the interests of City of Gunter neighbors. The goals of public purchasing are to: Purchase the proper goods and services; Obtain the best possible price for goods or services, without sacrificing the quality needed; Ensure a continuing supply of goods and services are available where and when needed; Ensure responsible bidders are given a fair opportunity to compete for the City's business; Ensure the proper disposition of surplus property through internet auctions or sealed bids; Ensure public funds are safeguarded; Ensure public funds are not used to enrich elected officials or City employees or to confer favors; and Provide all vendors, including Historically Underutilized Businesses (HUBS), equal access to the City's competitive processes for the acquisition of goods and services. Provide the public with transparency in the spending of] public funds. Section 3. Purchasing Policy Statement Purchasing is a function of all departments. Department Directors, Assistant Directors, and Managers are responsible for ensuring that departmental purchases are in compliance with the approved budget and the City's Purchasing Policy. Purchasing procedures are guided by several established policies. These consist ofthe following: All purchasing shall adhere to sound purchasing policies to ensure that Gunter neighbors receive the best value for city purchases. Regardless of the expenditure, it is the policy of the City of Gunter to garner competition that produces the highest quality goods and services at the lowest possible price whether the item or service is subject to quotes or bids. It is the policy of the City to allow the City Council to make final award on any expenditure of $50,000 or greater in accordance with Texas Statutes. All purchasing shall be in accordance with the laws of the State of Texas including, but not limited to, Chapters 252 and 271 of the Texas Local Government code. htp./wwwstatutesles:sileisiatus/Das/le/hm/16252htm html/wowwstatutesles:sleisataus/Desle1G27Ihm Purchasing activities shall be managed with proper controls. 4Page When required or preferred, a competitive bidding process will be utilized to obtain purchases at the lowest possible cost and to provide for an open and fair process for all interested vendors. No City Council member or employee shall have a financial interest, direct or indirect, in any contract with the City, nor: shall be financially interested, directly or indirectly, in the sale to the City ofanyland, or rights in anyland, materials, supplies or service except on behalf of the City as a Council member or employee. Any knowing violation of this section shall constitute malfeasance in office, and any member or employee found guilty thereof shall be subject to removal from such office or position. Any violation of this section shall render the contract voidable at the discretion oft the City Council. Section 4. Other Resources An additional resource is provided through the link below from the Texas State Comptroller's Office. The State ofTexas Procurementand ContractManagement Guide was written to provide a holistic approach to government procurement. (Reference: comptroler.lexas.ov, htps//comptrollertessgpurhasingnubliatoms/pourement-contraciphp 5/Page CHAPTER 2: PURCHASING ETHICS Section 1. Ethics Policy Statement The Ethics Policy is cumulative of any provisions governing ethics or conflicts of interest under state law and the City of Gunter's Home-Rule Charter all as amended. In the event of any conflict between any such provisions, the most restrictive provision shall govern. This section will promote the objectives of protecting govermmentintegriy and facilitating the recruitment and retention of qualified ethical personnel needed by the City of Gunter. The City also requires ethical conduct from those who do business with the City. City representatives and vendors/entities are required to adhere to all federal, state, and municipal laws and ordinances. Section 2. Accountability of City Employees The City wants to promote and protect its governmental integrity. As a public entity, the City is expected to be able to demonstrate to the neighbors that it has spent their tax dollars wisely. All participants in the City are responsible for ensuring that money is spent in accordance with the terms and conditions of all the policies ofthe City of Gunter. Public employees must discharge their duties impartially SO as to assure fair competitive access to government procurement by responsible contractors. Public officials and employees must take precautions to avoid even the appearance of impropriety, self-dealing, favoritism, or undue influence. It is essential for employees to take ownership of, and be responsible for, their actions to preserve the public trust and protect the public interest. All City staff engaged in procurement for the City shall comply with the ethical standards set forth in the following criteria: Plan purchases to minimize the use of emergency or expedited purchases; Ensure that purchasing policies and procedures are understood prior to ordering; Apply sound business judgement; Purchase the proper goods or services to suit the City's needs; Get the best possible price forthe goods or services using City policies; Purchases shall have appropriate and adequate supporting documentation including a clear explanation of the reason for the purchase Guard against misappropriation of City funds; 6IPage Facilitate competition from responsible bidders; Safeguard public funds and receive the best value for the public dollar; Never use public spending to enrich elected officials or City employees; and Never make purchases for personal use in the City's name. Stay apprised of federal and state purchasing laws. Section 3. Ethical Standards 1. It shall be a breach of ethics to attempt to realize personal gain through public employment with the City of Gunter by any conduct inconsistent with the proper discharge of the employee'sduties. 2. It shall be a breach of ethics to attempt to influence any public employee of the City of Gunter to breach the standards of ethical conduct set forth in this code. 3. It shall be a breach of ethics for any employee of the City of Gunter to participate directly or indirectly in a procurement when the employee knowsthat: a. The employee or any member of the employee's immediate family has a financial interest in thej procurement, b. A business or organization in which the employee, or any member of the employee's immediate family, has a financial interest pertaining to the procurement; C. Any other person, business or organization with whom the employee or any member of the employee's immediate family is negotiating or has an arrangement concerning prospective employment is involved in the procurement. 4. Itshall be a breach ofethics fora any employee ofthe City of Gunterto accept, receive, or arrange for any gratuity or any offer of employment in connection with any decision, approval, denial, recommendation, preparation of any part of a program requirement or purchase request, influencing the content or any specification or procurementstandard, rendering ofa advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter pertaining to any program requirement of a contract or subcontract, or to any solicitation or proposal thereof, pending before this government. 5. It shall be a breach of ethics for any employee of the City of Gunter to approve or allow any purchase, transaction or contract for expenditure regardless of the amount unless said employee has been expressly authorized to do SO in advancel by the City Council during a duly noticed public meeting ifwith respect to such purchase, transaction or contract for expenditure-any City Official (as defined in the Gunter Code of Ethics) is: (1) required to file a Conflicts Disclosure Statement under Chapter 176 of the Texas Local Gov't Code or the Gunter Code of Ethics, as amended; or (2) is a Vendor as that term is described under Section 176.002 ofthe 7IPage Texas Local Gov't Code, which includes acting as an agent of a Vendor. 6. It shall be a breach of ethics for any employee or former employee of the City of Gunterl knowingly to use confidential information for actual or anticipated personal gain, or for the actual or anticipated gain of any person. 7. No City representative may purchase City property for their own personal use unless it is purchased through the City's public auction. 8. No City representative, City Council, Boards or Commissions, or employees, may use the purchasing power of the City to make private purchases or to avoid the payment of sales tax. 8IPage CHAPTER 3: PURCHASING PROCEDURES Section 1. Conflict ofInterest All purchases, transactions and contracts for expenditures regardless of amount must be expressly approved in advance by the City Council during a duly noticed public meeting if, with respect to such purchase, transaction or contract for expenditure any City Official (as defined in the Gunter Code of Ethics) is: (1) required to file a Conflicts Disclosure Statement under Chapter 176 of the Texas Local Gov't Code or the Gunter Code of Ethics, as amended; or (2) isa Vendor: as that term is described under Section 176.002 ofthe Texas Local Gov't Code, which includes acting as an agent of a Vendor. Otherwise, the following purchasing procedure is outlined in accordance with the noted dollar thresholds of expenditures. Section 2. Department Responsibilities It is the responsibility oft the Department Director and/or Authorized Designee to ensure the following: The appropriate budget has been identified and is available; The appropriate method of purchase has been identified; City management and/or City Council approves of the purchase; City policy is being followed; State and Federal laws are being enforced; Documentation for the purchase is attached to the PO, such as quotes, emergency purchase orderwith the City Managers signature, invoice, and/or documentation reflecting the vendoris a sole source vendor; Invoices are submitted in a timely manner to adhere to the Prompt Payment Act as described Section 12; and When applicable, a Certificate of Interested Parties (Form 1295) is provided to the Finance Department. Chapter 2252.908 oft the Texas Government Code requires a business entity entering into certain contracts with a governmental entity to file a Certificate of Interested Parties, Form 1295. Generally, all contracts requiring a vote ofthe City Council are included. Contractors are required to register via the Texas Ethics Commission Website where a Form 1295 is generated. The City must acknowledge receipt of the form via the same portal no later than the 30th day after the contract date. 9Page tps/Posethicsstatersatexuswhatmnew/atr info form1295.htm Section 3. Purchasing Parameters At no time, shall purchases by broken down into smaller quantities or specialized activities SO as to avoid the requirements stated below. This practice is against State law and City policy. Approval Authority The following approval levels shall be utilized in all procurement related matters. 1. All procurement card (P-Card) transactions shall be approved by the respective Department Director or Assistant Director. 2. All other Procurement Related Expenses below: Amount Approval Requirements Designated 0-$4,999 Supervisors Assistant Department $5,000 - $9,999 Director or Director $10,000 Department City $49,999 Director and Manager City Department Manager Council $50,000+ Director and and Approval **The purchasing thresholds below pertain to the total purchase from a single vendor, not per item. This also includes purchases by multiple departments. ** A. Petty Cash (0 to $50.00) Petty Cash is deemed appropriate when it allows for more efficient procurement of minor goods and services. Petty Cash may only be used for non-routine minor purchases of goods or services up to $50.00. An employee requesting the Petty Cash must have approval from their Department Director, Assistant Director, or Designated Supervisor. Documentation for the use of Petty Cash is required at time of reimbursement and must include an invoice or itemized receipt for the purchase. The employee requesting reimbursement will be required to sign for receipt of the cash. Employees issued P-cards should not utilize petty cash for purchases. B. Purchases less than $3,000 (0 to $2,999.99) 10 IF Pag e A one-time purchase by a single department or from multiple departments under the same Department Director for supplies do not require quotes to be obtained. Quotes are recommended when possible even if they are verbal. Purchases may be made with the P- Card depending on the employee's card limit. C. Purchases $3,000 but less than $50,000 A one-time purchase by a single department or from multiple departments under the same Department Director requires three written quotes. Two of the quotes shall be from HUB vendors as required by statue. A quote form should be completed and approved by the appropriate approval level in the above chart, prior to making the purchase. If service is performed on City property a certificate of insurance shall be obtained. Work should not begin before insurance is obtained and verified. D. Purchases $50,000 and over A one-time purchase or cumulative purchases by a single department or from multiple departments requires a formal sealed bid. All purchases over $50,000 must also include a contract, insurance, and bonds (ifneeded). City Council approval is required. See Chapter 4 on Competitive Bidding requirements. Section 4. Tax Exemption Certificate The City is exempt from payment of all local tax, state sales tax, and federal excise tax, with the exception of Hotel/Motel tax. This is solely due to being a municipality. When practicable the City will claim and insist on all ofits purchases being exempt from sales and use tax. However, an exception to this is any single purchase of food related to travel, outreach, and city-sponsored events when a single purchase is less than $200. Purchases for these exclusions over $200 must be approved in advance by the City Manager in writing. Att the time of purchase, vendors may request a Sales and Use Tax Exempt Certificate and/or a W-9 form be completed by the City prior to removing any sales tax from the invoice. Please contact the Finance Department to obtain a form to submit to the vendor. Section 5. Purchasing Procedure Violations Employees will be held accountable forthe proper use and administration of the Purchasing Process. The Department Directors or Approving Manager is responsible for ensuring that employees comply with the policies outlined in this manual. The statues governing local government purchasing impose criminal penalties for violating the provisions of various Acts enacted by the Legislature to oversee purchasing. Any misuse of the City's purchasing power carries various legal and/or future employment consequences. 11IF Page LOCAL GOVERNMENT CODE 252.062 - CRIMININAL PENALTIES A municipal officer or employee commits an offense, ifthe officer or employee intentionally or knowingly makes or authorizes separate, sequential, or component purchases to avoid the competitive bidding requirements ofSection 252.021. An offense under this subsection is a Class B misdemeanor. htm./wwwstatutesle:saeu/Daale16/htm/16252hm Section 6. Exceptions to Competitive Bidding In some cases, competitive bidding is not possible to procure a good or service. Below are the exceptions to utilizing a competitive bidding process. These exceptions must also accompany the Sole. Source/Emergency or Exceptions to Competitive Bidding Form as well as a letter on company letterhead in the event the purchase is a sole source purchase. An example oft the form is located in the back of the policy. A. Emergency Purchases Texas statutes generally allow the local government to make "emergency or exempted purchases" without competitive bidding as per Texas Local Government Code 255.022 "General Exemptions". A political subdivision is generally exempted from competitive bidding or contacting Historically Underutilized Businesses (HUB) if one of the following occurs: 1. Public Calamity - In the case of a public calamity, the prompt purchase of items is required to provide for the needs ofthe public ort to preserve the property of the political subdivision. 2. Preservation or Protection - The item is necessary to preserve or protect the health or safety of residents of the political subdivision. 3. Unforeseen Damage - The item is made necessary by unforeseen damage to public property. Normal Working Hours - The City Manager is authorized to declare or determine if an Emergency Purchase is warranted. When the emergency occurs during normal business hours and the expenditure exceeds the department approval limit, the Department Director shall contact the City Manager or his designee to obtain authorization. The City Manager shall advise the City Council of any such emergency in excess of $50,000. Purchase Order (PO) should be prepared and approved by both the Department Director and the City Manager or designee as soon as possible. The Emergency Purchase Order (EPO) Form shall provide which emergency situation from the above list has occurred. The PO, EPO Form, and the invoice should then be turned into Accounts Payable for processing, After Office Hours/Weekends/Holidays - When an emergency occurs after hours and the expenditure exceeds the department approval level, the department authorized designee should contact the Department Director for authorization and take whatever steps are 12 I Page e necessary to make the procurement. The Department Director shall complete the EPO Form and obtain the City Manager or his designee's signature the following morning. As stated previously, the EPO Form should justify which one of the occurrences from the list above resulted in the emergency. Purchases made in emergency situations are more costly than routine purchases: therefore, they must be kept at a minimum. Poor planning, overlooked requirements or negligence may cause the need for expedited purchases, but are not true emergencies. B. Sole Source Purchases Quotes are not required ift the materials, goods, or supplies can only be purchased from a sole vendor, in other words, a sole source. Reasonable efforts must be made to ensure purchases from sole sources are correctly classified as such. Materials, goods, and/or supplies cannot be requested SO as to remove other suitable alternative vendors/sources. The department must attach justification to validate the sole source procurement meets one of the requirements listed below. 1. The good/service is a one of a kind or patented, copyrighted, secret process or unique item; 2. The product is only available from a regulated or natural monopoly; or 3. The product is a component of an existing system which is only available from one supplier. Sole source purchases are approved only after the lack of alternate sources has been determined and proof of sole source is documented. The requesting department should do everything possible to strengthen the City's bargaining position. Costs related to procurement should always be considered before an order is placed, including post- purchase costs. Post-purchase costs could include multi-year maintenance contracts, replacement parts or trade-in value. Writtenjustification should include one or more ofthe following: 1. Statement on company letterhead from vendor attesting to the fact that the item(s) being requested are only available from that vendor. 2. A statement from the Department Director or authorized designed providing information concerning previous attempts to obtain competitive bids on the item(s) requested including the name oft the company and person contacted, in an effort to find other sources. C. Other Exceptions Maintenance of City Fleet Vehicles - The City has contracted with Enterprise Fleet Management (EFM) for the lease purchase of new City vehicles. In addition, maintenance and repair of City vehicles shall be taken to a vendor who is contracted with EFM. EFM staff will ensure that proper repairs and/or maintenance is completed on the vehicles and 13 I Pag g e appropriate charges are incurred. The following reasons are additional justification that an employee may not be able to utilize a competitive bidding process: The requested product is an integral repair part or accessory compatible with existing equipment. The requested product has unique desigm/performance specifications or quality requirements that are not available in comparable products. Repair/maintenance is available only from manufacturer or designated service representative. Upgrade to enhancement of existing software is available only from one manufacturer. Purchase ofland, right-of-way, or buildings Services performed by blind or severely disabled person Goods purchased for the subsequent resale Service proposed by vendor is unique; therefore, competitive bids are not available or applicable. Professional Services (See Section 7 below on further requirements) Local Government Code Chapter 252.022 Competitive Requirements for Purchases defines the general exemptions: htpsl/statutescapitolitesgwsaTwDes/lG/hm/L6252hm Section 7. Professional Services Cities are prohibited by law from awarding a contract by competitive bidding for some professional services including architects, interior designers, engineers, or certified public accountants. The Professional Services Procurement Act established a set of procedures that must be followed to contract for these services. The selection of these providers shall be based on demonstrated competence, experience, and qualifications of the firm. Section 8. Lease Purchases State law authorizes cities to enter into lease purchase agreements. However, normal statutory procurement requirements generally apply to these lease purchase agreements. This is the case when a lease purchase agreement for personal property will involve an expenditure of more than $50,000 in city funds. The contract must then be competitively bid unless the type of item purchased is covered by a specific exception to the statutory procurement requirements. 14 I Page All lease purchases shall be coordinated by the Finance Department due to this type of purchase and financing being unique and accounted for differently. Section 9. Purchasing Card Program (P-Card) The P-Card is a method that allows employees to make small dollar approved City purchases quickly and efficiently by paying vendors immediately with a credit card. A purchase shall not be made with a card unless iti is the most productive purchasing method. All employees issued a P-Card are expected to understand all City policies related to using City funds. Ati no time does the P-Card override the City'spurchasing policy, which is guided by procurementlaw. The City bears no legal liability from inappropriate use. (See the City's Purchasing Card Policy) Section 10. Purchase Order Processing All invoices shall be accompanied by a purchase order unless otherwise indicated below. Purchase orders shall be submitted to Accounts Payable for processing after obtaining the appropriate approval signatures with all supporting documentation attached. Purchase orders submitted without appropriate approval or required documentation will be returned to the originating department Subject to the limits on the City Manager's authority to make purchases and enterinto contracts on behalfofthe City, purchases of the following items do not require the solicitation of bids or purchase order. However, if the purchase was made by a purchasing card, a PO: made payable to J PI Morgan will be required. Departments shall clearly place the vendor number and account number on the invoice itself. Insurance Premium Payments Retirement System Payments (TMRS) or other Payroll Expenditures Debt Service Payments Utility Service Payments Operating Leases/Maintenance Agreements City Fleet Fuel Payments Contracted Services Registration Fees Memberamp/Prolesiona Association dues and fees Postage Subscription Services Section 11. Receiving and Inspection When materials, equipment, or supplies are received, the department/division that placed the order is responsible for inspecting the shipment and initiating the payment process. This should be done as promptly as possible to take advantage of early payment discounts and/or give the Accounting Technician time to avoid interest penalties and comply with the 15 IF Page 30-day payment requirements by state law. Section 12. Prompt Payment Act Department shall ensure Purchase Orders, invoices, and the appropriate documentation is submitted to Finance in a timely manner. Invoices are to be paid no later than net 30 days. T'exas Government Code Chapter 2251 stipulates that all local governments shall pay for goods and services within thirty (30) days of the delivery or invoice date or interest is automatically imposed. 16IPage CHAPTER 4: COMPETITIVE BID PROCESS Section 1. Request for Quote (Purchases $3,000 and less than $50,000) Disadvantaged Busineses/Historically Underutilized Businesses: A municipality in making an expenditure of more than $3,000 but less than $50,000, is required by state law to contact at least two (2) disadvantaged businesses or historically underutilized businesses (HUB) on a rotating basis, in accordance with Texas Government Code, Title 10, Subtitle D, Section 2161 and the General Services Commission Rule I TAC 111.11-111.24. Ifthe list fails to identify a HUB in the County in which the city is situated, the City is exempt from this section. HUB vendors must complete the certification process with the State of Texas Comptroller of Public Accounts. See link below to the Texas Comptroller of Public Accounts website to perform a search for HUBS. htps//muypacpasiatetousemisaah.hde Price quotes should be solicited from an adequate number of vendors on a rotating basis to ensure competition. Section 2. Bid/Request for Proposal Process (RFP) (Purchases $50,000 and Over) Departments must take caution when determining whether a procurement requires a competitive bid process. No specifications are to be written with the intent to exclude a possible bidder. The following circumstances need to be considered and well thought out as they are of particular concern to a city when departments are making a determination if a bid is required. 1. A city does not competitively bid an item because the total expenditure would be below the $50,000 threshold and later purchase more items or more services are procured. The extra procurement would take the total over the threshold. If the department knows this is aj possibility, even though the current procurement is under the threshold, a competitive bidding process shall be utilized. 2. Individual departments making their own purchases of commodities or services that in total take the City over the threshold. If the City in total reaches the threshold, a competitive bidding process shall be utilized. As stated in Chapter 3, Section 5, State law provides criminal penalties if a city makes component, sequential or incremental purchases to avoid the competitive bidding 17/Page requirements. Ifsuch a charge is at issue, the prosecuting attorney would require the facts surrounding the involved transaction. It is advisable for departments to look at their purchasing practices over past budget years and consider whether certain items should be purchased through a competitive process. A. Procedure Requirements for Bids/Request for Proposals (RFP) Statelaw requires competitive bidding for expenditures over $50,000. The City may choose the bid process or the Request for Proposal option. Both options require City Council approval and award. The competitive bidding process has two purposes. The first one being to ensure that public monies are spent properly, legally, and for public projects, only and to ensure the best possible value is received for the money. Additionally, it is utilized to give those qualified and responsible vendors who desire to do business with the City a fair and equitable opportunity to do SO. Beloware the requirements for bids and proposals: A notice must be published establishing the time and place at which bids or proposals will be publicly opened and read aloud. The notice must be published at least once a week for two consecutive weeks. The notice must be published in a newspaper that is published in the City. The first publication must appear before the 14th day before the date that the bids or proposals are publicly read aloud. Specifications detailing the requirements that must be met by the goods or services or information how to obtain copies of the specifications shall be included in the publication. Competitive bidding can be on a lump sum or unit price basis. In the event other factors other than price are utilized to make the selection, such as previous pertormance, the specifications shall clearly state that such factors will be considered in the award. The department must determine prior to the advertisement and before the notice is given the method of procurement that provides the best value for the City. All bids shall be received at the City Hall and must be stamped with the time and date the bids were delivered. All bids shall be addressed and opened at the designated time and place by the City Secretary. B. Establishing Bid Specifications A specification is a concise description of goods or services the City seeks to buy and the requirements the vendor must meet in orderto be considered for the award. A specification may include requirements for testing, inspection or preparing an item for delivery, or preparing or installing use ofit. The specification is the total description of the purchase. The purpose of any specification is to provide personnel with clear guides for purchasing, and to provide vendors with firm criteria of minimum product or service acceptability. A 18 I Pag e good specification has four characteristics: 1. It sets a minimum acceptability of goods or services. The term "minimum acceptability" is key since the vendor must know the minimum standard to determine what to provide. Astandard too high means tax dollars will be wasted. A standard too low means the goods or services will not meet the expectations ofthe user. 2. It should promote competitive bidding. The maximum number of responsible vendors should be able to bid the specification. Restrictive specifications decrease competition. 3. It should contain provisions for reasonable tests and inspections for acceptability of the good or service. The methods and timing of testing and inspection must be indicated in thes specification. Tests should refer to nationally recognized practices and standards, when possible. 4. It should provide for an equitable award to the lowest responsible bidder. The buyer obtains goods or services that will perform to expectations, and the vendor is able to provide the goods or services at an agreeable price. C. Awarding the Bid Best Value - Ifl best value is utilized, below are a list of items the department may utilize to make the determination of"best value" for the City. Purchase price; Reputation of the bidder; The bidder's safety record; Warranties; The quality of the bidder's goods or services; The extent to which the goods or services meet the City's needs; The bidders' past relationships with the City or Department; The impact on the ability of the City to comply with laws and rules relating to contracting with historically underutilized businesses (HUB) and nonprofit organizations employing person with disabilities; The total long-term cost to the City to acquire the bidder's good or services; and Any relevant criteria specifically requested in the bid or proposal. In the event no bids are received, the Department must re-advertise or choose to not undertake a contract. If only one bid is received, the City Council may choose to accept the bid, reject the bid and re-advertise, or determine not to undertake the project. Bids are opened and read aloud at the designated time and place. The bid/bids must then be presented to City Council. The City Council must then award the bid to the lowest responsible bidder or if previously determined, the bidder with the "best value". The City Council does have the option to reject all bids as well. 19/Page Once a bid has been opened, it may. not be changed or altered to correct minor errors in the price. However, under some circumstances, a bidder may be able to withdraw a bid if it contains a substantial mistake that would cause a great hardship if enforced against the bidder. D. Contested Bids If a department is made aware of, or is contacted by a vendor regarding a protest relating to advertising of bid notices, deadlines, bid opening and all other related procedures under the Local Government Code, as well as any protests relating to alleged improprieties or ambiguities in the specifications, the Department Director should first attempt to determine the reasons behind the potential protest. If the Department Director fails to satisfy the vendor, they shall instruct the vendor to prepare a written protest. At said time the Department Director shall notify the City Manager and City Attorney. Appeals of protest of awards for $50,000 and over shall be filed with the City Secretary with a concurrent copy to the City Manager and City Attorney. The written protest should include the following: Include both the name and address of the protester, as well as the vendor they represent, if different. Identify the bid number and item. Contain a statement of the grounds for protest and any supporting documentation. Protest must be submitted within five (5) days oft the bid opening. E. Awarding the Request for Proposal (RFP) Ifan RFP was utilized and the best value option was established prior to the solicitation, the same criteria listed above can be used to award the RFP. When the RFPS are opened and acknowledged by public announcement, the vendor name is the only item read aloud. This is to avoid disclosure of the contents of the proposals to competing proposers until afterthe award ofthe contract. All proposals are open for public inspection after the contract is awarded, but trade secrets are confidential information in the proposal and are not open for public inspection (see Local Government Code, Chapter 252.049). Unlike bids, once the proposals have been submitted, the City may conduct discussions with the offeror or offerors whom the City determines to be reasonably qualified for the award of the contract. However, such discussions must comply with the RFP and any guidelines established by the City Council. To obtain the best offers, the City may allow the submission ofrevisions after proposals are submitted and before the award of the contract. (see Local Government Code, Chapter 252.042). All offerors must be treated equally and fairly with respect to any opportunity 20 IPage for discussion and revisions to the proposals. Some of the items that should be evaluated and considered when reviewing an RFP are as follows: All calculations and sums shall be double checked for accuracy. Unit prices shall be extended to a total price for the requested quantity; The proposal shall be verified that it has been signed by an authorized signer of the vendor; Verify all of the specifications outlined in the RFP have been met; List all areas where it fails to meet any condition(s) included in the specifications and whether any failure disqualifies the proposal; Verify all required samples are included; and Include results oft testing of samples, if required. Contracts awarded by proposals are awarded by City Council. The contracts must be awarded to the responsible bidder whose proposal is determined to be the most advantageous to the municipality, considering the relative importance of price and the other evaluation factors included in the RFP. (see Local Government Code, Chapter 252.043). The evaluation and recommendation should include at least the following: Merits of each proposal with recommendations about which one should be selected; Whether the vendor has submitted a responsive proposal, meeting all criteria in the RFP; Give information about whether the vendor has a record of being a responsible bidder, capable of performing a contract and/or appears financially and technically capable of adequately performing the contract; and Details of areas to be negotiated, including desired changes in the proposal. F. Verification ofInsurance Vendors on City property or public right-of-way for the City of Gunter shall provide the City a certificate of insurance evidencing the coverage's and coverage provisions identified. Contractors shall provide the City evidence that all subcontractors: performing work on the project have the same types and amounts of coverage's as required or that the subcontractors are included under the contractor's policy. All insurance and certificate(s) of insurance shall contain the following provisions: (1) name the City, its officers, agents and employees as additional insured's as to all applicable coverage with the exception of Workers Compensation Insurance; (2) provide for at least thirty (30) days prior written notice to the City for cancellation, non-renewal, or material change of the insurance; (3) provide fora waiver of subrogation against the City forinjuries, including death, property damage, or any other loss to the extent the same is covered by the proceeds of insurance. 21/Page All insurance companies providing the required insurance shall be authorized to transact business in Texas and rated at least "A" by AM Best or other equivalent rating services. The vendor shall during the term hereof maintain in full force and affect the required insurance. The City reserves the right to amend or require additional types depending on the nature ofthe work. G. Bonding Requirements The Local Government Code mandates that a city contracting for public work in excess of $50,000 shall require its contractor to execute a payment bond solely for the protection of beneficiaries who supply materials and labor to the public works project and have a direct contractual relationship with the contractor. The payment bond shall be in the amount of the contract. The Local Government Code also mandates that a city contracting for public work in excess of $100,000 shall require its contractor to execute a performance bond solely for the protection of the City. The performance bond protects the City in the event of a contractor default and/or termination. The performance bond must also be written for the total cost ofthe contract and shall be executed by a corporate surety in accordance with the Insurance Code prior to commencement of the work. H. Change Orders to Contracts After a City has awarded a bid or contract, a city may still increase or decrease the quantity ofwork to be done or supplies to be furnished ifi it is necessary to do SO. Such changes may not increase or decrease the original contract price by more than 25 percent. In the event the increase goes above 25 percent, the City shall seek bids or proposals for the work or product which would go beyond the 25 percent. Ift the City wants to decrease the contract amount by more than 25 percent, it shall obtain the approval of the contractor for such a change. Section 3. State Contracts and Cooperatives Texas Government Code, Chapter 791, and Texas Local Government Code, Chapter 271, authorize the use oflocal cooperative purchasing programs. These chapters authorize the City to use (piggyback on) another entity's bid and likewise allows another entity to use the City's contracts. This action allows cities to obtain more advantageous volume purchases including administrative savings and otherbenefits. These agreements must be in the form of an Interlocal Cooperative Agreement which must be presented to Council for them to authorize the City Manager to execute the agreement. In addition to local cooperative purchasing programs, cities may also utilize contracts competitively awarded by the State ofTexas or the State of Texas Cooperative Purchasing Program. The state purchasing cooperative promotes best value procurements through state contract usage at the local level. In order to become a member of a state purchasing 22/Page program, City Council must pass a Resolution authorizing the City to participate in the program. A minimal fee is then required annually to remain an active member in the program. CHAPTER 5: DISPOSAL OF SURPLUS PROPERTY Disposal of surplus property may be sold by public auction (private auctioneer), Internet sale, or sealed bids to the highest bidder. Employees may not directly purchase City property, unless it is through the channels listed above where they are the highest bidder. As surplus properties become available, notice of the items shall be circulated to all departments to determine whether any items could be used in another area oft the City. If the property is deemed to have no value, orifthe value is less than the cost to process for an auction, it will be disposed of by the most convenient method. Finance shall be notified of any auction items to ensure the tracking of the fixed assets are maintained. 23Page CHAPTER 6: DEFINITIONS Advertisement - A public notice in a newspaper or general circulation containing information about solicitation in compliance with legal requirements. Best Value - A procurement method that emphasizes value over price. The best value may not be the lowest cost. Value may include a combination of reputation, quality, long-term costs, services, and time. Bid Types - a. Request for Quote (RFQ) Procurement process for purchases $3,000-$49,999 b. Request for Bid (RFB) Procurement process for $50,000 or greater C. Request for Proposal (RFP) Negotiable Procurement process for $50,000 and greater. Bidder - A vendor that submits a bid including acting on behalf of the vendor that submits a bid, such as agents, employees and representatives. Change Orders - Change orders may address differences in order quantity, quality, damages, or additions. The original contract price may not be increased (under section 252.048 of the Local Government Code) by more than 25% without going out for bid. The original contract price may not be decreased under this section by more than 25% without the consent of the contractor. Competitive Bidding - A transparent procurement process in which bids from competing contractors, suppliers or vendors are invited by openly advertising the scope, specifications, and terms and conditions of the proposed contract. The aim of competitive bidding is to obtain goods and services at the lowest price for such goods or services through competition and preventing favoritism. The City determines the lowest bidder that is responsible and awards the contract to the lowest bidder. Competitive Proposal Process - A transparent procurement in which proposals from competing contractors, suppliers, or vendors are invited by openly advertising the scope, specifications, and terms and conditions of the proposed contract. Cooperative Procurement - The action taken when two or more entities combine their requirements to obtain advantages of volume purchases or a variety of arrangements whereby two or more public procurement units purchase from the same vendor using a single RFP. 24] I Page Emergency Purchase Order (EPO) - Emergencies are defined to remove hazards, to protect property and people, to alleviate financial loss and operation damage, and to expedite repairs. The Emergency Exception to Competitive Bidding Form shall be completed and signed by the City Manager by the next business day. Historically Underutilized Business (HUB) - Texas Administrative Code, Chapter 2161 defines a "Historically Underutilized Business" or "HUB", ,in part, as one with ownership by "a person who is economically disadvantaged because of the person's identification as a member of a certain group, including black Americans, Hispanic Americans, women, Asian Pacific Americans, and American Indians, who have suffered the effects of discriminatory practices or similar insidious circumstances over which they have no control". Also referred to as a disadvantaged business, Minority/Woman-owned Disadvantaged Business Enterprise or M/W/DBE. Invitation to Bid (ITB) - Specifications and formal bidding documents requesting pricing for a specified work, good, or service which has been advertised for bid in a newspaper. Invoice - An itemized statement of merchandise or service provided by a vendor. Itis the means for settlement of financial obligations incurred when the purchase order is issued. Lease - A contract for the use of personal property or real property for a period of time in return for a specified compensation. Lowest Responsible Bidder - The offer that provides the lowest price meeting all requirements of the specifications, terms, and conditions oft the Invitation to Bid, including any related costs to the City in a total cost concept and which submittal, including all reported references contained therein, provides the City with sufficient evidence of the bidder's financial and practical ability to perform the contract, references of past performance indicating the ability to comply with the Contract and satisfactorily complete the subject work, and other information provided to or obtained by the City demonstrating the subject bidder's capabilities, competence, and success. Modification - A document used to change the provisions in a contract. Payment Bond - A surety bond executed in connection with a contract that secures solely for the protection and benefit of those persons or entities that have a direct contractual relationship with the Contractor to supply public work labor or material (Payment Bond Beneficiaries) and with which such Contractor the City has contracted for a particular contract the payment obligation of that Contractor to the Payment Bond Beneficiaries. Performance Bond - A surety bond that provides assurance to the City that the Contractor will faithfully perform the work in accordance with the plans, specifications, and contract documents. Professional Services - Services rendered by members of a recognized profession 25 - Pag e possessing a special skill/education as defined in Local Government Code. Purchase - The act of obtaining approved goods or services by an authorized City representative. Purchase Order (PO) - A legal contract fort the purchase of goods and services establishing the terms and conditions and incurs a financial obligation. Request for Proposal (RFP) - A document requesting a proposal from vendors that specifies the relative importance of price and other evaluation factors, and which allows for negotiations after a proposal has been received and before award of the contract for the goods and services sought. (See also Competitive Proposal Process above) Request for Qualifications (RFQ) = A document that requests details about the qualifications of professionals whose services must be obtained in compliance with the Professional Services Procurement Act or in conjunction with an alternative bid delivery process. Sealed Bids - Offers in response to an invitation to bid that is advertised in a newspaper and submitted to the City Secretary in a manner that conceals the price. Separate Purchase - Purchases made separately of items that in normal purchasing practices would be purchased in one purchase. Sequential Purchases - nappropriate separation of purchases to avoid the required process of obtaining quotes or bids. Sole Source Purchase - Purchases that can be made from only one vendor as defined by State Law. Specifications - Detailed description for an item or service. Specifications must be complete and sufficiently defined in orderto] provide the exact product or service required. Tax Exemption - The City is tax exempt from paying local or state sales tax, and federal excise tax. The City is not exempt from Hotel Occupancy Tax. Vendor - A business entity or individual that seeks to have or has a contract to provide goods or services to the City. 26] I Page a cnyO CITY COUNCIL MEETING GUNER July 3, 2025 EST. 1901 6:00 PM AGENDA ITEM #3 Discuss, consider, and act upon accepting and awarding a Demolition Bid for 1145 Stonebridge Pass. AGENDA ITEM UNMARYBACKGROIND PRESENTED BY: Karen Souther, Mayor FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See Attachments HH Demolition - Bid Proposal Form Date: 6.27.25 Customer: City of Gunter, TX Email: clysecrelay@ciqunter. tx. us Site Location: 1145 Stone Ridge Pass Gunter, TX This bid includes: Demolition and Removal of house and concrete and leaving lot clean Total Price due upon completion: $22,000.00 Iappreciate your business. Feel free to contact me anytime. Thanks, Steve Hawthorne Contact Information: HH Demolition Attn: Steve Hawthorne 183 Kevin Dr. Bells, TX 75414 Cell: 903-271-2070 Email: ehambonell@gmilcen RECEIVED Alford Excavation, LLC JUAL 17 2025 ALFORD Estimate PO Box 516 Date Estimate # Gunter, TX 75058 12/6/2024 89 Name I Address City ofGunter 1051 N4th Street Gunter, TX 75058 Project Description Qty Rate Total Demolition ofl house @ 1145 Stonebridge Pass Demo house is 3866.8: sq ft 3,866.8 3.00 11,600.40 Demo slab and flatwork ifi requested 3,866.8 3.50 13,533.80 Plumbing above slab will be damaged, broken and removed Demo permit isi included in the price Utility disconnections to be completed by city or utility company priort to demo Sales Tax 6.25% 0.00 Total $25,134.20 RECEIVED TACTICAL JUN 1 8 2025 06/17/2025 Attn: Deidra Watson City of Gunter Proposal for Commercial Demolition Services at the following site: 1145 Stone Bridge Pass Gunter, Tx. Tactical Demolition appreciates the opportunity to provide you with a proposal for the above referenced project. In consideration of the below lump sum, Tactical proposes to perform the work described below. DEMOLITION SCOPE OF WORK: Demolish and remove House. Demolish and remove House Foundation. Demolition Base Bid: $ 29,450.00 Special Notes: 1. Tactical Demolition does not perform any layouts or control lines for any type of saw cutting work being provided. 2. Pavement assumed to be no more than 6 inches thick. 3. Flooring price is based on removing floor with a ride on floor machine. We will scrape one time to address adhesives. Beyond that, we do not have adhesives or glue removal in our scope. 4. Tactical Demolition is not responsible for any engineering. 5. This proposal will become an exhibit of any resulting contract documents. 6. All work must be scheduled a minimum of five (5) days in advance. 7. This proposal does not include any overtime beyond our standard 7am - 5pm working hours. 8. To proceed with Tactical Demolition must have one of the following items: signed proposal, letter of intent, or a contract. 9. Tactical Demolition retains all rights to salvage on all items being removed. Tactical Demolition - 2441 Pecan Street - Carrollton, Texas 75010 - 214.504.1931 TACTICAL EXCLUSIONS: 1. All additional mobilizations will be charged separately. 2. Asbestos survey and abatement, unless contracted. 3. Handling or disposing of any controlled or hazardous materials. 4. Locating, disconnecting, rerouting, and capping utilities. 5. Construction fencing, silt fencing and/or barricades. 6. Contacting utility companies fori termination of utility services. 7. Items to be removed for salvage, relocation, re-use etc. for the owners is not included. 8. Filing or Fees for TDH notification. 9. Price is based off scope of work only. 10. Price excludes prep work (UNO) 11. Salvage for re-use existing construction (to be done by others) 12. Price excludes grinding and or patching 13. Protection Price is good for 30 days. Any alterations from the specifications involving extra cost of material or labor willl be executed only upon written orders for same and willl become an extra charge over mentioned in this contract. All agreements must be made in writing. Ify you: should have any questions regarding the proposal, please do not hesitate to call the office or email me at ghollingsworth@tacticaldemo.com), Respectfully Submitted, George Hollingsworth Estimator 972.504.5392 Tactical Demolition ACCEPTED BY: Company: Name: Signature: Date: Tactical Demolition - 2441 Pecan Street - Carrollton, Texas 75010 - 214.504.1931 a TTY A OH CITY COUNCIL MEETING GUNERI July 3, 2025 EST.1901 6:00 PM AGENDA ITEM #4 Discuss, consider, and act upon a Resolution acknowledging the Senate Bill 2038 Petitions, previously denied by council, are released from the City ofGunter's ETJ. AGENDA: ITEM SUMMARY/BACKGROUND: PRESENTED BY: Karen Souther, Mayor FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See Attachments CITY OF GUNTER RESOLUTION NO. Release from City of Gunter's ETJ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUNTER, TEXAS, RELINQUISHING AND ADJUSTING ANY AND ALL OF THE EXTRATERRITORIAL JURISDICTION DESCRIBED HEREIN PURSUANT TO AND IN ACCORDANCE WITH THE PROPERTY OWNERS' REQUEST AND PETITION; SUCH THAT THE CITY OF GUNTER EXTRATERRITORIAL JURISDICTION SHALL BE AND IS HIEREBY ADJUSTED AND CONTRACTED TO RELINQUISH THE PROPERTY DESCRIBED AND DEPICTED IN EXHIBIT "A," ATTACHED HIERETO AND INCORPORATED HEREIN; TO RELEASE SAID PROPERTY; AND, PROVIDING AN EFFECTIVE DATE. WHEREAS, in the 88th Legislative Session the Texas Legislature passed Senate Bill 2038 ("SB 2038"), codified in Texas Local Government Code Chapter 42, Subchapter D, which usurped the power of all Texas cities to determine its ETJ boundaries and regulate certain aspects of growth that affect city infrastructure; and WHEREAS, several Texas cities filed a lawsuit challenging the constitutionality of SB 2038; and WHEREAS, during the pendency of the litigation the City Council of the City of Gunter has routinely denied ETJ Release petitions with the understanding that failure to approve ETJ release petitions that otherwise complied with the requirements of SB 2038 may ultimately result in release of the area by operation oflaw; and WHEREAS, in the 89th Legislative Session the Texas Legislature passed House Bill 2512 which amended certain provisions of the Texas Local Government Code Chapter 42, Subchapter D to address the constitutionality concerns posed in the pending litigation; and WHEREAS, the City received several petitions requesting release of certain areas located in the City's extraterritorial jurisdiction ("ETJ") depicted in Exhibit "A, B, C, D,E,F,G, H,I,J,K, L, and M" attached hereto and incorporated herein; and WHEREAS, the petitions meet the petition requirements oft the Texas Local Government Code Section 42.104, as certified by the City Secretary of the City of Gunter; and WHEREAS, the Code provides that if a municipality fails to take action to release an area located in the City's ETJ by the later ofthe 45th day after the date the municipality receives the petition, the area is released by operation oflaw. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GUNTER, TEXAS: SECTION 1: That the City Council of the City of Gunter, Texas, finds that the petitions of Heidelberg Materials, StratVest LLC, Keith W. Smith, VGC Gunter, Gary and Kathy Harris, Randy and Brenda Nelson, Andrew Pennington, Four B Investments, 9 Star Gunter Fields LLC, 9 Star Premium Land Gunter Investments LLC, 9 Star Golden Corridor Land Investments LLC, Sreeramagiri Lakshmi Sowmya, Shyam Tummala, meeting all requirements of Chapter 42, Subchapter D, S 42.104 of the Local Government Code have been submitted to the City and verified by the City Secretary, to release property located in the extraterritorial jurisdiction to wit: As depicted in Exhibit A, Being two tracts of land totaling 147.89 acres within the City of Gunter ETJ political subdivision, out of the John Aldridge Survey, Abstract 36 and the D. Perry Survey, Abstract 966, Grayson County, Texas, Part One Being 11.09 acre tract and Part Two Being a 136.80 acre tract both out of that called 153.50 acre tract described to Lehigh Hanson Materials South LLC, as recorded in document number 2021-43527 of the official records of Grayson County, Texas, ("the Released ETJ Property"). As depicted in Exhibit B, Being a part of John Blundell Survey, Abstract No. 104, and being all of a called 3.00 acre tract of land described in the deed to James Ray Yeary and Diane E. Yeary, recorded in Volume 1369, Page 359, Deed Records, Grayson County, Texas, and the remaining portion of a called 18.513 acre tract of land described in the deed to James Ray Yeary, recorded in Volume 4138, Page 778, official Public Records, Grayson County, Texas, ("the Released ETJ Property"). As depicted in Exhibit C, Being a part of the John Blundell Survey, Abstract No. 104, and being a part of the same tract of land described as 32.48 acres conveyed to Prosper Realty Partners by deed recorded in Volume 5.317, Page 114, official Public Records, Grayson County, Texas, ("the Released ETJ Property"). As depicted in Exhibit D, Being a part of the John Jennings Survey, Abstract No. 645, being a part of a 10.00 acre tract of land conveyed by General Warranty Deed from Brian Thompson and Claudia Thompson to Quest Ira, Inc. FBO Venketa R. Pindi IR, Quest Ira, Inc. FBO Kavitha R. Pindi IRA and Epic Estates, LLC on March 27, 2015 and recorded in Volume 5604, Page 863, official Public Records, Grayson County, Texas, and all of the 45.1 acre tract of land conveyed by Warranty Deed with Vendor's Lien from Brian Thompson and Claudia Thompson to Epic estates, LLC and Sri Devi Yerramelly on March 27, 2015, as recorded in Volume 5604, Page 831, official Public Records, Grayson County, Texas, ("the Released ETJ Property"). As depicted in Exhibit E, Being all that certain tract or parcel of land situated in the Robert Mason Survey, Abstract Number 784, County of Grayson, State of Texas, said tract being part of a called 61.00 acre tract as described in Deed to Tommy Reed et ux. Deana Reed, filed May 2, 1994, and recorded in Volume 2334, Page 763, of the Deed Records of Grayson County, Texas, ("the Released ETJ Property"). As depicted in Exhibit F, Being all that certain tract of land situated in the Thomas H. Duggan Survey, Abstract Number 333, County of Grayson, State of Texas, said tract being all of a called 10.0 acre tract as described in Deed to Randy G. Nelson et ux Brenda Nelson, filed September 25, 1980, and recorded in Volume 1530, Page 530, of the Deed Records of the County of Grayson, State of Texas, also known as 998 Bledsoe Road, Grayson County, Texas, ("the Released ETJ Property"). As depicted in Exhibit G, Being a tract of land situated in the H.T. & B Railroad Survey, Abstract No. 606 of Grayson County, Texas, and in the H.L. Douglas Survey, Abstract No. 366 of Grayson County, Texas, and being apart of a called 129.095 acre tract of land conveyed to Andrew Pennington as recorded in Instrument No. 2021-21572 of the official Records of Grayson County, Texas, ("the Released ETJ Property"). As depicted in Exhibit H, Being a parcel of land located in Grayson County, Texas, a part of the George H. Hale Survey, Abstract Number 497, a part of the Page Stanley Survey, Abstract Number 1116, being all of that called 151.651 acre tract of land described in deed to Four B Investments, LTD, as recorded in Document Number 2012-4948, official Public Records of Grayson County, Texas, being all ofthat called 119.772 acre tract ofl land described in deed to Four B Investments, LTD, as recorded in Document Number 2006-31480, official Public Records of Grayson County, Texas, being a part of that called 145.8 acre tract of land described in deed to Four B Investments LTD, as recorded in Document Number 2006-31481, official Public Records of Grayson County, Texas, and being part of that called 75.000 acre tract of land described in deed to Four B Investments, LTD, as recorded in Document Number 2010-10641, official Public Records of Grayson County, Texas, ("the Released ETJ Property"). As depicted in Exhibit I, Being all that certain tract or parcel of land situated in the Asa Hartfield Survey, Abstract Number 490, County of Grayson, State of Texas, said tract being all of tract two as described in Partition Deed to Dorothy Ann McConnell Smith, filed September 10, 1984, recorded in Volume 1712, Page 795 of the Deed Records of Grayson County, Texas, ("the Released ETJ Property"). As depicted in Exhibit J, Being all that certain tract or parcel of land situated in the William Campbell Survey, Abstract Number 253, County of Grayson, State of Texas, said tract being all of a tract as described in Deed to Cynthia Ann Hadom, filed June 28, 2019, Instrument Number 2019-15278 of the Deed Records of the Grayson County, Texas, ("the Released ETJ Property"). As depicted in Exhibit K, Being all that certain tract or parcel ofland situated in the Sarah Shoto Survey, Abstract Number 1079, County of Grayson, State of Texas, said tract being part of Tract Two a called 64.951 acre tract as described in Deed to James Edward Kent, Danna Jean Serenbetz, and Lisa Ann Harrison, filed February 5, 2021, and recorded in Instrument Number 2021-3955 of the Deed Records of the Grayson County, Texas, ("the Released ETJ Property"). As depicted in Exhibit L, Being all that certain tract or parcel ofland situated in the William Campbell Survey, Abstract Number 253, County of Grayson, State of Texas, said tract being part of a tract as described in Deed to Zack G. McConnell, filed June 28, 2019, Instrument Number 2019-15276 of the Deed Records of the Grayson County, Texas, ("the Released ETJ Property"). As depicted in Exhibit M, Being a part of the ASA Hartfield Survey, Abstract No. 490, being a part of a called 53-3/4 acre tract of land described in tract No. 2 in deed from J.P. Norman, et ux to Alton Jay Norman, dated May 7, 1976, recorded in Volume 1343, Page 488, Deed Records, Grayson County, Texas, ("the Released ETJ Property"). SECTION 2. Although the City Council of the City of Gunter strongly disagrees with Texas Legislature's actions in SB 2038 and HB 2512, the City Council recognizes that by operation of law the property described in Section 1 of this resolution is released from the extraterritorial jurisdiction of Gunter, Texas, the Released ETJ Property further described and depicted in Exhibit A, B, C, D, E,F,G, H,I,J,K, L, and M. SECTION 3. That the official map of the City of Gunter shall be amended accordingly to relinquish from the City's ETJ the Released ETJ Property as depicted, described and labeled in Exhibit A, B, C, D, E, F,G, H,I,J,K,L, and M. SECTION 4. That the City Secretary is hereby authorized to file a certified copy of this Resolution with the Grayson County Clerk reflecting the action taken herein. SECTION 5: This resolution shall take effect immediately upon its passage. DULY PASSED by the City Council of the City of Gunter, Texas, on the day of 2025. AYES NAYS ABSTENTIONS APPROVED: Karen Souther, Mayor ATTEST: Detra Gaines, City Secretary APPROVED AS TO FORM: Courtney Goodman-Morris, City Attorney EXHIBIT A . RECENE 2025 APR 0 8 DAVID L. EARL EARL & ATTORNEY ATL4WESHAREHOLDER JOHNATHAN L. EARL ASSOCIATES ATTORNEY, ATLAWSHAREHOLDEK JEFFREYL. EARL attorneys at law ATTORNEY. ATL4WSHAREHOLDER April 8, 2025 CITY OF GUNTER, TEXAS Sent via Hand Delivery & ATTN: Detra Gaines, City Secretary P.O. Box 349 CMRRR: 9589 0710 5270 1214 8051 50 Gunter, Texas 75058 City Hall CMIRRR: 9589 0710 5270 1214 8051 81 105 N. 4th Street Gunter, Texas 75058 RE: Notice of Petition for Removal of Property from City of Gunter, Texas' ("City") Extraterritorial Jurisdiction ("ETJ") To Whom ItMay Concern: Please let this correspondence serve as a formal notice of the petition filed by our client, Heidelberg Materials Southwest Agg LLC ("Petitioner"), with the City Secretary's office on April 8, 2025, seeking removal of the property described therein from the City's ETJ (the "Petition"). The Petition has been filed in accordance with and pursuant to the authority granted under Chapter 42, Subchapter D, Texas Local Government Code. Petitioner is qualified to submit the Petition and satisfies the requirements of TEX. Loc. GOV'T CODE $ 42.104. Petitioner holds fee simple title to that certain real property described in the Petition, with such ownership constituting a majority in value of the holders of title of land described therein as indicated by the current tax rolls of the Grayson Central Appraisal District. Pursuant to Chapter 42, Subchapter D, Texas Local Government Code, the property described in the Petition filed with the Cityi is required to beimmediately released from the City'sE ETJI by action of the City Council, or if no action is taken in the period of time described in TEX. Loc. GOV'T CODE $ 42.105(d), such property is released by operation of law. A copy of the Petition and its corresponding exhibits is attached hereto as Attachment 1. Thank you in advance for your prompt attention to this matter. Should you have any questions or concerns regarding the above or the attached please have your legal counsel contact me directly at (210) 868-6500 orj john@earl-law.com. Respectfully, EARL & ASSOCIATES, P.C. - hhitan - LEn By: /s/ Johnathan L. Earl, Attorney at Law Enclosure(s): Attachment 1 (Petition) 10007 Huebner Rd, Ste. 303, San Antonio, Tèxas 78240 - Phone. 210-868-6500 - Facsimile 210-405-5228 STATE OF TEXAS COUNTY OF GRAYSON PETITION FOR RELEASE OF PROPERTY FROM THE CITY OF GUNTER, TEXAS' EXTRATERRITORIAL JURISDICTION TO THE CITY OF GUNTER, TEXAS: WHEREAS, Senate Bill 2038 was passed by the Texas Legislature in the 88th Regular Session, and signed by Governor Greg Abbott on May 19, 2023, and became effective on September 1, 2023; and WHEREAS, upon the effective date of S.B. 2038, Chapter 42 of the Texas Local Government Code was amended to reflect the addition of Subchapters D and E, which provide landowners owning property within a municipality's extraterritorial jurisdiction with a process for attaining immediate release of such property therefrom; and WHEREAS, the property that is the subject of this petition and sought to be removed from the City of Gunter, Texas' ("City") Extraterritorial Jurisdiction ("City's ETJ"), is more fully described by the metes and bounds description and map contained in Exhibit A, attached hereto and incorporated herein by reference (the Property"); and WHEREAS, the Property is not located within five (5) miles of the boundary of a military base conducting an active training program; and WHEREAS, the Property was not voluntarily annexed into the City's ETJ; and the Property is neither: (i) located in a county in which the population grew by more than Fifty percent (50%) from the previous federal decennial census in the federal decennial census conducted in 2020; nor (ii) is the Property located in a county that has a population greater than Two Hundred and Forty Thousand (240,000); and WHEREAS, the Property, being wholly located in Grayson County, Texas, does not constitute an area within a portion of the City's ETJ that is: (i) within Fifteen (15) miles of the boundary of a military base, as defined by Section 43.0117; and (ii) in a county with aj population ofmore than Two Million (2,000,000); and WHEREAS, the Property is not located within an area designated as an industrial district under TEX. Loc. GOV'TCODE $ 42.044; and WHEREAS, the Property is not located in an area subject to a strategic partnership agreement entered into under TEX. Loc. GOV'TCODE $ 43.0751; and WHEREAS, in accordance with TEX. Loc. GoV'T CODE S 42.102(b), the undersigned Petitioner is the owner of the majority in value of an area consisting of one (1) or more parcels of Petitionfor the Release fProperlyfrom the City ofGunter's ETJ land in the City's ETJ and, as such, files this Petition. for Release of Property. from the City of Gunter's Extraterritorial Jurisdiction (the "Petition") pursuant to such authority; and WHEREAS, this Petition is submitted and signed in compliance with requirements for submitting a petition found under Chapter 277 of the Texas Election Code; and WHEREAS, TEX. Loc. GOV'TCODE $ 42.102 mandates that when a petition is verified to contain the required signatures to release the Property from the extraterritorial jurisdiction, the municipality "shall immediately release the [Property] from the municipality's extraterritorial jurisdiction." NOW, THEREFORE, THE UNDERSIGNED PETITIONER HIEREBY PETITIONS FOR THE RELEASE OF PROPERTY FROM THE CITY OF GUNTER, TEXAS EXTRATERRITORIAL JURISDICTION AS FOLLOWS: I. INCORPORATION OF RECITALS The above recitals are hereby incorporated by reference for all intents and purposes as if fully restated herein. II. PURPOSE & AUTHORITY This Petition is submitted, filed, and executed by the undersigned Petitioner pursuant to and in accordance with the authority of Chapter 42, Subchapter D, of the Texas Local Government Code, for release of the Property from the City's ETJ. MI. QUALIICATION OF PETITIONER & AUTHORITY UNDER TEX. LOC. GOVT CODE S 42.104 Petitioner, Heidelberg Materials Southwest Agg LLC, was formerly known as "Lehigh Hanson Materials South LLC" prior to its duly filed Certificate of Amendment with the Texas Secretary of State's Office, with such amendment effective January 1, 2023, as evidenced by that certain Certificate of Filing issued by the Texas Secretary of State's Office and dated December 12, 2022, a copy of which is attached hereto as Exhibit B. Petitioner is qualified to submit this Petition under the authority of Chapter 42, Subchapter D, Texas Local Government Code, and satisfies the requirements of TEX. Loc. GOV'TCODE $ 42.104, as Petitioner holds fee simple title to the Property described in Exhibit A, attached hereto, and such ownership constitutes a majority in value of the holders of title of land in the area described by this Petition, as indicated by the tax rolls of the Grayson Central Appraisal District. The date upon which this Petition is filed is within the One Hundred and Eightieth (180th) day after the date the first signature hereto was obtained, and as such, this Petition satisfies the signature requirement ofTEX. Loc. GOV'TCODE $ 42.104(a). Petition, for the Release ofProperlyfrom: the City of Gunter's ETJ IV. PROPERTY SUBJECT TO PETITION FOR RELEASE FROM CITY'S ETJ The Property subject to this Petition constitutes one (1) or more parcels of land within a portion of the City's ETJ, of which Petitioner is the owner of the majority in value of such area, and with such portion not being located: a. Within five (5) miles of the boundary of a military base, as defined by Section 43.0117, at which an active training program is conducted; b. In an area that was voluntarily annexed into the extraterritorial jurisdiction that is located in a county: (i) in which the population grew by more than Fifty Percent (50%) from the previous federal decennial census in the federal decennial census conducted in 2020; and (ii) that has a population greater than Two Hundred and Forty Thousand (240,000); C. Within the portion of the extraterritorial jurisdiction of a municipality with a population of more than One Million and Four Hundred Thousand (1,400,000) that is: () within Fifteen (15) miles ofthe boundary of a military base, as defined by TEX. Loc. Gov'T CODE S 43.0117, at which an active training program is conducted; and (ii) in a county with a population of more than Two Million (2,000,000); d. In an area designated as an industrial district under TEX. Loc. GOV'T CODE $ 42.044; or e. In an area subject to a strategic partnership agreement entered into under TEX. Loc. GOV'TCODE $ 43.0751. The Property subject to this Petition is described by the metes and bounds description, and depicted in the map, that are attached hereto as Exhibit A. The Property being petitioned for release from the City's ETJ is situated entirely within Grayson County, Texas. The Property may properly and legally be removed from the City's ETJ, as it meets all of the requirements prescribed by Chapter 42, Texas Local Government Code, Subchapter D. None of the land within the Property is within the city limits of any municipality and is located solely within the City's ETJ. V. PETITIONER'S REQUEST Attached to this Petition as "Exhibit C" is a sworn Affidavit of the holder(s) of fee simple title to more than Fifty Percent (50%) of the appraised value of taxable real property petitioned to be removed from the City's ETJ, as indicated by the tax rolls of the Grayson Central Appraisal District. The duly authorized and executed Affidavit sets forth the Petitioner's request and consent to the release of the Property from the City's ETJ, as requested in this Petition. Additionally, attached to this Petition as "Exhibit D" is evidence of Petitioner's 1 TEX. Loc. Gov'T CODE $ 42.151 Petitionfor the Release of Property from the City afGunter's 's ETJ ownership of the Property in the form of: () a Special Warranty Deed, duly executed and recorded under Document No. 2021-43527 in the Property Records of Grayson County, Texas. VI. VERIFICATION BY CITY SECRETARY UNDER TEX. LOC. GOV'T CODE S 42.105 In accordance with TEX. Loc. Gov'T CODE $ 42.105(a), this Petition is submitted and filed with the City Secretary for the City of Gunter, Texas, as such person is designated by the City as the person responsible for verifying all signatures on the Petition. VII. NOTICE TO LANDOWNERS) BY CITY In accordance with and pursuant to TEX. Loc. Gov'T CODE $ 42.105(b), the City is required to notify the landowner(s) of the Property subject to this Petition of the results of the same, being the release of the Property from the City's ETJ. Satisfaction of this requirement may be met by providing written notice to Petitioner at the following addresses: Heidelberg Materials Southwest Agg LLC (f/k/a Lehigh Hanson Materials South LLC) clo Michael P. Comodeca Senior Associate General Counsel Southwest Region Heidelberg Materials 300 E. John Carpenter Fwy, Irving, Texas 75062 Email: michaclcomodeadheieebermaletiali.com With a Copy to the Law Firm of: EARL &. ASSOCIATES, P.C. Attn: Johnathan L. Earl Attorney for Petitioner 10007 Huebner Road, Ste. 303 San Antonio, Texas 78240 Telephone: (210) 868-6500 Email: john/earl-law.com VITI. RELEASE OF PROPERTY FROM A CITY'S EXTRATERRITORIAL JURISDICTION MANDATED BY TEXAS LAW Pursuant to authority under TEX. Loc. Gov'T CODE $ 42.105(c), with Petitioner having submitted this Petition and meeting the signature requirements under TEX. Loc. GOV'T CODE $ 42.104, as well as having satisfied all other such other requirements as may be applicable under Chapter 42, Subchapter D, Texas Local Government Code, the City shall immediately release the Property from its Extraterritorial Jurisdiction. Petitionfor the Release ofProperty.from the City of Gunter's ETJ A failure by the City to take action releasing the Property from its ETJ by the later of: (i) the Forty-fifth (45th) day after the date the City receives this Petition; or (ii) the next meeting of the City's governing body that occurs after the Thirtieth (30th) day after the date the City receives this Petition, results in the Property being released from the City's ETJ by operation of law. TEX. Loc. Gov'T CODE $ 42.105(d). IX. REGULATION OF PROPERTY AFTER RELEASE FROM EXTRATERRITORIAL JURISDICTION Pursuant to and in accordance with TEX. Loc. GOV'TCODE 8 242.001G), to the extent the Property described by this Petition is subject to an agreement under TEX. Loc. Gov'T CODE $ 242.001(c), such agreement is terminated as to the Property. The County of Grayson, Texas, is the political subdivision authorized to regulate subdivisions in the Property once removed from the City's ETJ as required by law. RESPECTFULLY SUBMITTED and FLLED on this E M day of 2025. Heidelberg Materials Southwest Agg LLC, A Texas Limited Liability Company, f/k/a "Lehigh Hanson Materials South LLC" h pw By: Name: hre AS5 Title: HeseN Date of Birth: Residential Address: Date: 4.B.7025 ACKNOWIEDGEMENT ON FOLLOWING PAGE] Petitionfor the Release ofl Propertyfrom the City fGunter 's ETJ ACKNOWIEDGEMENT STATE OF TEXAS COUNTY OF Dallas S instryment was signed before me on this the BHh day of hail 2025, by on ChB HDD24 acting behalf of Heidelberg Materials Southwest Agg LLC, a Texas imited Liability Company (formerly known as "Lehigh Hanson Materials South LLC", for which he/she serves as Mesti with such company being the owner ofl Property (as defined above) included and described in this Petition. SWORN AND SUBSCRIBED TO before me, the undersigned authority, on this the BH day of ru 2025. TAMMIE L. JIMENEZ Notary Public, State of Texas aMN Comm. Expires 11-16-2026 Notary Public in and for the State of fexas Notery ID 11342479 Petitionfor the Release ofProperty from the City ofGunter' ' ETJ EXHIBIT "A" METES AND BOUNDS DESCRIPTION, AND MAP OF PROPERTY IN GRAYSON COUNTY PETITIONED TO BE RELEASED FROM THE CITY'S ETJ Exhibit "A" 143501 NorthbrookDrive, Suite 101 BASELINE San Antonio, TX78232 DECM Office: 210.490.7847 Baselineurveyarsnet TxSurv F-10030200 Heidelberg Materials Grayson County, Texas Job No. 70091.0000 April 01, 2025 POLITICAL SUBDIVISION DESCRIPTION LEHIGH HANSON MATERIALS SOUTH LLC LANDS WITHIN CITY OF GUNTER EXTRA-TERRITORIAL JURISDICTION BEING TWO TRACTS OF LAND TOTALLING 147.89 ACRES WITHIN THE CITY OF GUNTER EXTRA-TERRITORIAL JURISDICTION POLITICAL OUT OF THE JOHN ALDRIDGE SURVEY, ABSTRACT 36 AND THE SUBDIVISION, D. PERRY SURVEY, ABSTRACT 966, GRAYSON COUNTY, TEXAS, PART ONE BEING 11.09-ACRE [483,079 SQ. FT.] TRACT AND PART TWO BEING A 136.80-ACRE [5,959,333 SQ. FT.] TRACT BOTH OUT OF THAT CALLED 153.50-ACRE TRACT DESCRIBED TO LEHIGH HANSON MATERIALS SOUTH LLC AS RECORDED IN DOCUMENT NUMBER 2021-43527 OF THE OFFICIAL RECORDS OF GRAYSON COUNTY, TEXAS [O.R.G.C.T.J, SAID 147.89 ACRES BEING FURTHER DESCRIBED BY METES AND BOUNDS AS FOLLOWS: PART ONE = 11.09 ACRES BEGINNING at a point in the west right-of-way line of State Highway 289, a varying width way, no record information found, for the northeast corner of that called 3.703-acre tract right-of- to Brett Spencer Holdings, LLC, as recorded in Document Number 2025-2605, described south corner of that called 50.609-acre tract described to Quadkore9, O.R.G.C.T., the in Volume 2794, Page 630, O.R.G.C.T., the LLC, being further described southeast corner of said 153.50-acre and the southeast corner of the 11.09-acre tract described herein; tract, THENCE leaving said west right-of-way line of State Highway 289, with the south line of said 153.50-acre tract, the north line of said 3.703-acre tract, crossing said City of Gunter extra-territorial jurisdiction, N88'3857"W 448.97 feet to a point in the east line of a 100 feet wide railroad way described to Red River Texas & Southern Railway Company as reçorded in Volume 149, right-of- 392, O.R.G.C.T., for the northwest corner of said 3.703-acre tract, and southwest corner of Page the 11.09-acre tract described herein; THENCE leaving said south line of the 153.50-acre tract, with said east railroad line, and continuing across said City of Gunter extra-territorial jurisdiction, N12°14'33"E right-of-way 2191.41 feet to a point in the west line of that called 278.933-acre "Tract 2" described to 375 LP recorded in Volume 4910, Page 371, O.R.G.C.T., same being the east line of said Preston, 153.50-acre as tract, for the north corner of the 11.09-acre tract described herein; PAGE - - 1 OF 3 THENCE leaving said east railroad right-of-way line, with said east line of the 153.50-acre tract, and said west line of the 278.933-acre tract, continuing with the east line of said 153.50-acre tract, same being the west line of said 50.609-acre tract, and continuing across said City of Gunter extra-territorial jurisdiction, S00°25'18"W 2152.22 feet to said POINT OF BEGINNING and containing 11.09 acres [483,079 SQ. FT.J. PART TWO = 136.80 ACRES BEGINNING at the intersection of said west line of the 278.933-acre tract, and the west right-of- way line of said 100 feet wide railroad, for the northeast corner of said 153.50-acre tract, and the southeast corner of that called 130.00-acre tract described to Davis Marilyn as recorded in Volume 2512, Page 741, O.R.G.C.T.; THENCE leaving said west line of the 278.933-acre tract, with said west right-of-way line of the 100 feet wide railroad, crossing said City of Gunter extra-territorial jurisdiction the following three [3] courses and distances: 1) S12°24'55"W 129.25 feet, to an angle point in the east line of the 136.80-acre tract described herein, 2) S12°14'33"W: 2538.06 feet, to an angle point in the east line of the 136.80-acre tract described herein, and 3) S12°17'37"W 19.29 feet to a point for the northeast corner of that called 43.60-acre tract described to Alice Aurelia Holcomb as recorded in Volume 1955, Page 103 O.R.G.C.T., for the southeast corner of the 136.80-acre tract described herein; THENCE leaving said west line of the railroad right-of-way, continuing across said City of Gunter extra-territorial jurisdiction, with the north line of said 43.60-acre tract, continuing with the north line of that called 10.00-acre tract described to John Gordon Holcomb & Darlene Holcomb as recorded in Volume 5940, Page 431 O.R.G.C.T., N88'38'57"W 1989.81 feet to a point in the east line of that called 125-acre tract described to James 414 Living Trust as recorded in Document Number 2022- 34175 O.R.G.C.T., for the northwest corner of said 10.00-acre tract, and the southwest corner of the 136.80-acre tract described herein; THENCE with said east line of the 125-acre tract, same being the west line of the City of Gunter extra-territorial jurisdiction, NO0°43'48"E 2640.35 feet to a point for the south corner of that called 156.252-acre tract described to Deut 818 LLC - Series 2 as recorded in Document Number 2022-34178 O.R.G.C.T., for the northwest corner of the 136.80-acre tract described herein; PAGE 12 OF 3 THENCE with the south line of said 156.252-acre tract, continuing with the south line of said 130.00-acre tract, S88°36'08"E 2526.45 feet to said POINT OF BEGINNING and containing 136.80 acres [5,959,333 SQ.FT.J. Basis of bearings is referenced to a combination of sources: The Texas Coordinate North Central Zone (4202), North American datum of 1983, 2011 adjustment (epoch 2010.00). System, Linework obtained from Grayson County Clerk: Instruments recorded in Document Number 2021-43527 of the Official Records of Grayson County, Texas. This document was prepared under 22 TAC 663.21, does not reflect the results of an on the survey, and is not to be used to convey or establish interests in real property except those ground and interest implied or established by the creation or reconfiguration of the boundary oft the rights subdivision for which it was prepared." political I, Payton C. Johnson, Registered Professional Land Surveyor, hereby certify that this property description and accompanying plat of even date was prepared under my supervision. 04/02/2025 OF 6 Paytor C. Johnson Date AATE o Registered Professional Land Surveyor 2 Texas Registration No. 6961 ( PAYTON C. : JOHNSON Baseline I DCCM TxSurv F-10030200 6961 Piohnson@dcm.com PESSIONE Ans SURNE o PAGE 13 - OF 3 A T HE : "T n le ve - E -HEETe # - - B Pan A A E- T a 7 - mN Bacel ECCM Petition for the Release ofProperlyfromi the City ofGunter's. ETJ EXHIBIT B CERTIFICATE OF FILING AND CERTIFICATE OF AMENDMENT Corporations Section Jose A. P.O.Box 13697 Esparza Austin, Texas 78711-3697 Deputy Secretary of State Office of the Secretary of State December 28, 2022 Attn: Capitol Services, Inc. Capitol Services, Inc. PO Box 1831 Austin, TX 78767 USA RE: Heidelberg Materials Southwest Agg LLC File Number: 801009053 It has been our pleasure to file the Certificate of Amendment for the referenced entity. Enclosed is the certificate evidencing filing. Payment ofthe filing fee is acknowledged by this letter. Ifwe may be offurther service at any time, please let us know. Sincerely, Corporations Section Business & Public Filings Division (512) 463-5555 Enclosure Come visit us on the internet at AmpAnmsssisasgow Phone: (512) 463-5555 Fax: (512) 463-5709 Dial:7-1-1 for Relay Services Prepared by: Joshua McKeand TID; 10323 Document: 1208068460005 Corporations Section Jose P.O.Box 13697 A. Esparza Austin, Texas 78711-3697 Deputy Secrelary of State Office of the Secretary of State CERTIFICATE OF FILING OF Heidelberg Materials Southwest Agg LLC 801009053 [formerly: Lehigh Hanson Materials South LLC] The undersigned, as Deputy Secretary of State ofTexas, hereby certifies that a Certificate of Amendment for the above named entity has been received in this office and has been found to conform to the applicable provisions oflaw. ACCORDINGLY, the undersigned, as Deputy Secretary of State, and by virlue of the authority vested the secretary by law, hereby issues this certificate evidencing filing effective on the date shown below. in Dated: 12/22/2022 Effective: 01/01/2023 GATE Op 4 - - K - - Jose A. Esparza Deputy Secretary of State Come visit us on the internet at AmpAnmasosieatgow Phone: (512) 463-5555 Fax: (512) 463-5709 Dial: 7-1-1 for Prepared by: Joshua McKeand TID: 10303 Document: 1208068460005 Relay Services Form 424 Secreiary of State P.O. Box 13697 Filed in the Office of the Austin, TX78711-3697 Secretary of State of Texas FAX: 512/463-5709 Filing #: 801009053 12/22/2022 Document: #: 1208068460005 Filing Fee: See instructions Certificate mage Generated Electronically of Amendment E3 - - I 1 ARaI AUS-i :. "hwi E - F a: d : - for Web Filing - - - -F : - - s : : Entity Information The filing entity is a: Domestic Limited Liability Company (LLC) The name of the filing entity is: Lehigh Hanson Materials South LLC The file number issued to the filing entity by the secretary of state is: 801009053 Amendment to Name The amendment changes the fommation document of the filing entityt to change the article or entity, The article or provision is amended to read as follows: provision that names the The name of the filing entity - is: - - Heidelberg Materials Southwest Agg LLC - AI letter ::: of : consent, if applicable, is = attached. : : : - : 1 - - : - 1 - - : - : Statement of Approval The amendment has been approved ini the manner required by the Texas Business Organizations Code and governing documents ofi the entity. by the Effectiveness of Filing LA. This document becomes effective when the document is filed by the secretary of state. YB. This document becomes effective at a later date, which is not more than ninety (90) days from the date of its filing by the secretary. of state. The delayed effective date is: January 1, 2023 Execution The undersigned signs this document subject to the penaltles imposed by lawi fori the submission of a jor fraudulent instrument and declares under penalty of perjury that the undersigned is authorized under materially the Texas false Business Organizations Code to execute the fling instrument. Date: December 22. 2022 Carol L. Lowry Signature of authorized person FILING OFFICE COPY - - : Petitionfor the Release of Property. from the City ofGunter 's ETJ EXHIBIT C SWORN AFFIDAVIT OF HEIDELBERG MATERIALS SOUTHWEST AGG LLC STATE OF TEXAS COUNTY OF Dallas On this day, before me the undersigned authority, appeared (hns Halcb in his/her capacity as 8u of] Heidelberg Materials Southwest acting of which, after first being duly sworn, Affiant sO stated as follows: Agg LLCand on behalf "My name is Dhzis Hida I am over the age of eighteen (18), am under no disability, am competent to make this Affidavit, have personal knowledge of the facts stated and swear the same are true and correct. I, the undersigned, am duly authorized to and are herein, behalf of Heidelberg Materials Southwest Agg LLC, (the "Petitioner") of which I am n apting,on PV "T hereby affirm that Heidelberg Materials Southwest Agg LLC, is the fee simple owner of certain real property located in Grayson County, Texas, which is more particularly described and metes and bounds description attached to the Petition as Exhibif A (the "Property"), by that the is map the subject ofthe Petition to which this Affidavit is attached." "Heidelberg Materials Southwest Agg LLC was formerly known as "Lehigh Hanson Materials South LLC" prior to its duly filed Certificate of Amendment with the Texas Secretary of State's with such amendment effective. January 1, 2023, as evidenced by that certain Certificate of Office, issued by the Texas Secretary of State's Office and dated December 12, 2022, a copy of which is attached Filing to the Petition as Exhibit B." "The recorded instrument evidencing Petitioner's ownership is incorporated herein reference and is attached to the Petition as "Exhibit D." I am verifying, for purposes of Chapter 42 by of the Texas Local Government Code, that Heidelberg Materials Southwest Agg LLC, is () the owner of the Property described in the Petition; (ii) that the Property constitutes more than Fifty Percent of the appraised value of taxable property that is the subject of this Petition, as indicated by the tax (50%) rolls ofthe Grayson County Appraisal District; and (iii) that Heidelberg Materials Southwest Agg LLC and consents to the release of said Property from the City of Gunter, Texas' extraterritorial requests the filing ofthe Petition to which this Affidavit is attached." jurisdiction by Further Affiant Sayeth Naught. Heidelberg Materials Southwest Agg LLC a Texas Limited Liability Company, f/k/a Lehigh Hanson Materials South LLÇ By: Name: Title: SWORN. AND SUBSCRIBED TO before me, the undersigned authority, on this the day of 2025. 1. - TAMMIE L. JIMENEZ Notary Public: in and for the State ofTexas Notery Publlc, Stato ofTexas Comm. Expires 11-16-2026 Notary ID 11342479 Petitionj for the Release ofPropertyfrom the City of Gunter 's ETJ EXHIBIT D EVIDENCE OF PROPERTY OWNERSHIP Grayson County Deana Patterson County Clerk Sherman, TX 75090 Instrument Number: 2021 -43527 ERecordings-RP Recorded On: December 22, 2021 01:14 PM Number of Pages: 6 Parties: BASS LAURA LYNN n Examined and Charged as Follows:" Total Recording: $32.00 *********** THIS PAGE IS PART OF THE INSTRUMENT *********** Any provision herein which restricts the Sale, Rental or use of the described Document because of color orI race is invalid and unenforceable under federal law. File Information: Record and Return To: Document Number: 43527 Simplifile Receipt Number: 20211222000092 100 W. Houston Ste. 17 Recorded Date/Time: December 22, 2021 01:14 PM User: Hailee A Sherman TX: 75090 Station: CLERK05 STATE OF TEXAS COUNTY OF GRAYSON I hereby certify that this Instrument was FILED In the File Number sequence on the date/time printed hereon, and was duly RECORDED in the Official Records of Grayson County, Texas. * Deana Patterson * County Clerk Grayson County, TX 2021 5 43527. NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE. A NATURAL MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING PERSON, YOU FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL INFORMATION PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. SOCIAL GF# 1002-328252-RTT SPECIAL WARRANTY DEED LAURA LYNN BASS (hereinafter called "Grantor," 1 whether one or more, masculine, feminine or neuter) consideration ofthe sum ofTEN and no/1001 DOLLARS and other good and valuable for and in the receipt and adequacy of which are hereby acknowledged, paid by consideration, LEHIGH HANSON MATERIALS SOUTH LLC, a' Texas limited liability company (hereinafter called "Grantee", whether one or more, masculine, feminine ori for is retained either express or implied, has Granted, Sold and Conveyed, and neuter), by these whichnol lien hereby Grant, Sell and Convey, unto the said Grantee all that certain real presents described does follows: property as SITUATED in the County of Grayson, State ofTexas, being a part oft the John Aldridge survey, Abstract No. 36, also being a part of the D. Perry Abstract No. 966 and being all that tract ofland conveyed to Laura Lynn Survey, Bass by deed recorded in Volume 3093, Page 891, Official Public Records, Grayson County, Texas, and being described on Exhibit A attached hereto and incorporated herein by reference, together with all improvements thereon, if any, and all rights, privileges, tenements, rights of way, easements, appendages and appurtenances, in anyway appertaining hereditaments, and all right, title andi interest of Grantor in and to any streets, ways, alleys, strips or gores ofland thereto, the above-described property or any part thereof (hereinafter, the "Property"). adjoining This deed is executed and delivered subject to property taxes for the current year and subsequent years, the payment ofwhich Grantee assumes, and those permitted exceptions listed on Exhibit B attached hereto and made a part hereof for all purposes (the "Permitted Exceptions"). Page 1 2021 - 43527 Notwithstanding anythingi in this instrument to the contrary, the above-referenced. Exceptions shall only affect the Property to the extent that such Permitted Permitted effective as oft the date ofthis instrument andi the mere referencet to such Permittedl Exceptions are valid and instrument shall not be deemed to impose or reinstate such Permitted Exceptions Exceptionsi if such in this Exceptions are not valid and effective as of the date of this instrument. Permitted TOHAVE. AND TO HOLD: the above described Property, together with all and the rights and appurtenances thereto in anywise belonging unto the said singular successors, heirs and assigns, as the case mayl be, forever; and Grantor does Grantee, bind his, her or its Grantor's successors, heirs, executors and hereby Grantor and Defend all and singular the said administrators, as the case may be, to Warrant and) Forever Property unto the said Grantee and Grantee's assigns, as the case may be, against every person whomsoever lawfully successors, heirs and same, or any. part thereof, by, through or under Grantor, but not otherwise. claiming, or to claim the Executed this 22 day of December, 2021. LAURA LYNN BASS ACKNOWIEDGMENT STATE OF TEXAS COUNTY OF Collin Before me, the undersigned authority, on this day personally appeared LAURA LYNN BASS, [check one] known to me or. V proved to me through Tay HCent (description ofidentity card)tol bet the person whose name: is subscribed to the OMey and acknowledged to mé that said person executed the same for the purposes foregoingi and instrument, therein expressed. consideration Given under my hand and seal of office this 7hayd of December, 2021. Notary Public, State of TEXAS Grantee's address: Lehigh Hanson Materials South LLC BEN SUTTON 3001 E. John Carpenter, Suite 1645 Notary Public, State of Texas Irving, TX 75062 Comm. Expires 03-24-2025 Notary ID 13299476B Page 2 2021 s. 43527. EXHIBIT A Legal Descrintion Situated in the County ofGrayson, State ofTexas, being a part ofthe John. Aldridge No. 36, also being a part of the D. Perry Survey, Abstract No. 966 and that Survey, Abstract conveyed to Laura Lynn Bass by deed: recorded in Volume being all tract ofland 3093, Page 891, Official Public Records, Grayson County, Texas, and being more particularly described by metes and bounds as follows: Beginning. at ai found 5/8" steel rod at the southeast corner of said Laura Lynn Bass tract in the west Right-of-Way of State Highway 289; Thence North 88°3857" West, with the south line of said Laura Lynn Bass tract a distance of 2540.63 feet to a set %" steel rod; Thence North 00°43'48" East, with the east line of a 120,0 acre tract ofland conveyed to & Dianne Gravley by deed recorded in Volume 2962, Page 421, Official Public Records, Lynn County, Texas, a distance of 2640.35 feet to a set %" steel rod; Grayson Thence South 88°36'08" East, with the south line ofa 130.0 acre tract ofland conveyed to Davis by deed: recorded in Volume 584, Page 561, Deed Records, Grayson Marilyn of2526.45 feet to a found %" steel rod; County, Texas, a distance Thençe South 00°25'18" West, with the east line of said Laura Lynn Bass tract a distance feet to the Point-of-Beginning: and containing 153.50 acres ofland ofwhich 5.63 acres liei in of2638.47 Railroad Right-of-Way and 0.71 acres lie within the County Road, Page 3 2021 * 43527. - EXHIBIT B Permitted Except tions 1. All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other together with all rights, privileges, and immunities relating thereto, appearing in the minerals, Public Records whether listed in Schedule B oI not. There may be leases, grants, or reservations of mineral interest that are not listed. exceptions 2. Right ofLaura Lynn Bass, as tenant, underthat certain Temporary Residential Lease between Laura Lynn Bass ("Tenant") and Lehigh Hanson Materials South LLC ("Landlord") dated 12/22/2021. 3. Undivided interest in coal, lignite, oil, gas and other minerals, together with: rights incident thereto, contained in instrument from Luther D. Barbee, Jr., et al to Rex Trustee, in Volume 1763, Page 83, Deed Records ofGrayson County, Texas. Glendenning, 4. Undivided interest in coal, lignite, oil, gas and other minerals, together with rights incident thereto, contained ini instrument from Luther D. Barbee, Jr., et al to H. Buchanan: Howard and Laura Lynn Bass, in Volume 2285, Page 172, Real Property Records of Grayson Texas. County, 5. Lease for coal, lignite, oil, gas or other minerals, together with rights incident thereto, and between Juanita Barbee Moody, as Lessor and Hunt Oil Company, as Lessee, recorded by on May 6, 1981, in Volume 1557, Page 78, Deed Records of Grayson County, Texas. 6. Lease for coal, lignite, oil, gas or other minerals, together with rights incident thereto, by and between L. D. Barbee, as Lessor and Hunt Oil Company, as Lessee, recorded on May 6, 1981, in Volume 1557, Page 81, Deed Records of Grayson County, Texas. 7. Lease: for coal, lignite, oil, gas or other minerals, together with: rights incident thereto, by and between G. C. Barbee, as Lessor and Hunt Oil Company, as Lessee, recorded on 6, 1981, in Volume 1557, Page 94, Deed Records of Grayson County, Texas. May 8. Lease for coal, lignite, oil, gas or other minerals, together with rights incident thereto, and between Winnie Barbee Mayes, as Lessor and Hunt Oil Company, as Lessee, recorded by on May 6, 1981, in Volume 1557, Page 110, Deed Records of Grayson County, Texas. 9, Lease for coal, lignite, oil, gas or other minerals, together with rights incident thereto, and between Bessie. Jo Barbee. McGuire, as Lessor and. Hunt Oil Company, as Lessee, recorded by on May 6, 1981, in Volume 1557, Page 113, Deed Records of Grayson County, Texas. 10. Lease for coal, lignite, oil, gas or other minerals, together with rights incident thereto, and between Mary Rose Barbee Sedberry, as Lessor and Hunt Oil Company, as Lessee, recorded by Page 4 2021, a 43527, on May 6, 1981, in Volume 1557, Page 116, Deed Records of Grayson County, Texas. 11. Lease for coal, lignite, oil, gas or other minerals, together with rights incident between Charles Barbee, as. Lessor and Hunt Oil Company, as Lessee, recorded thereto, by and 1981, in Volume 1561, Page 611, Deed Records of Grayson County, Texas, on June 11, 12. Right-of-Way Deed dated December 26, 1902, from Jot Gunter to Red River Texas & Southern Railway Co., ofr record in Volume 149, Page392 ofthe Deed Records County, Texas. ofGrayson 13. Easement and Right-of-Way from H. Buchanan Howard and Laura Lynn Bass to Collin Electric Cooperative, Inc., of record in Volume 2402, Page 688 of the Real Grayson Records of Grayson County, Texas. Property 14. Consequences, if any, of the following matters as disclosed on survey of Underwood Drafting & Surveying, Inc., certified by Douglas W. Underwood, R.P.L.S. #4709, dated 03/23/2021, last revised 12/09/2021: a. Easement or lesser rights, if any, with respect to power poles, telephone poles, and OHE lines lying outside of easement area; b. Fence discrepancies along property lines; C. Rights ofthird parties as to the portion of County Road lying within d. Rights oft third parties as to the portion ofRailroad lying within subject subject property; property. Page 5 EXHIBIT B REGEIVED MAR 21 2025 March 17, 2025 10.02am C Courtney Morris City of Sanger, City Attorney 105 N 4th Street Gunter, TX 75058 Via email: 0 Re: Petition for Release from the Extraterritorial Jurisdiction ofi the City of Gunter Dear Ms. Morris, 1. StratVest LLC, a Texas limited liability company ("Owner") files this Petition pursuant to TEX. LOC. GOV'T CODE S 42.102. 2. StratVest LLC, a Texas limited liability company owns property within the exraterifiotialjutiadiction of the City Gunter at 1389 McConnell Rd, Gunter' Texas 75058 PID 131717 (the "Property"). See Exhibit A (Deed and Property Map). 3. Owner hereby Petitions the City of Gunter to release of Owner's Property from its extraterritorial jurisdiction. 4. Pursuant to TEX. LOC. GOVT CODE S 42.102, an owner or owners of majority in value of an area in a municipality's extraterritorial jurisdiction may file a petition with the municipality to be released from the extraterritorial. jurisdiction, ifthe owner's property in question meets the applicability requirements of TEX. LOC. GOVT CODE S 42.101 and the petition requirements of TEX. LOC. GOV'T CODE S 42.104. 5. Owner's Property meets the applicability requirements of TEX. LOC. GOVT CODE S 42.101. 6. As set forth in Exhibit B, Affidavit of Owner, and as set forth in TEX.LOC.GOVT CODE S 42.101, the undersigned swears that the Property is not: (1) within five miles oft the boundary of a military base, as defined by TEX. LOC. GOVTCODE S 43.0117, at which an active training program is conducted; (2) in an area that was voluntarily annexed into the extraterritorial jurisdiction that is located in a county: (A) in which the population grew by more than 50 percent from the previous federal decennial census in the federal decennial census conducted in 2020, and (B) that has a population greater than 240,000; pg. 1 (3) within the portion of the extraterritorial, jurisdiction of a municipality with a of population more than 1.4 million that is: (A) within 15 miles of the boundary of a military base, as defined by TEX. LOC. GOV'T CODE S 43.0117, at which an active training program is conducted, and (B) in a county with a population of more than 2 million; (4) in an area designated as an industrial district under TEX. LOC. GOV'T CODE S 42.044; or (5) in an area subject to a strategic partnership agreement entered into under TEX. LOC. GOV'T CODE S 43.0751. 7. This Petition meets the requirements of TEX. LOC. GOVT CODE S 42.104. 8. As required by TEX. LOC. GOV'T CODE S 42.104(a)(2), Owner's value in the Property constitutes more than 50% of the value of the Property, as indicated by the tax rolls of the Grayson Central Appraisal District. 9. As required by TEX. LOC. GOV'T CODE S 42.104(a)(2), the signature page this accompanying Petition includes the signatures of 100% of the Property's owners in value, which is more than 50%. 10. As required by TEX.LOC.GOVT CODE S 42.103, the signature is valid pursuant to TEX. ELEC.CODE S 277.002. 11. This Petition contains, in addition to the signature: (A) the signer's printed name; (B) the signer's: (i) date ofbirth; or (ii) voter registration number and, (iii) county of registration; (C) the signer's residence address; and (D) the date of signing. 12. As required by TEX.LOC. GOV'T CODE S 42.104(b), Owner filing this Petition satisfied the signature requirement within 180 days after the date the first signature for the Petition was obtained. 13. As required by TEX. LOC. GOV'T CODE S 42.104(c), the signature collected under this section is in writing. 14. As rèquired by TEX. LOC. GOVTCODE S 42.104(d), this Petition includes the deed for the land to be released in Exhibit A, which describes the boundaries of the land to be released by: (1) metes and bounds; or (2) lot and block number, if there is a recorded map or plat. Exhibit. A also includes a of map the land to be released. 15. As required by TEX. LOC. GOV'T CODE S 42.105(a), the City must verify this Petition upon receipt; shall notify the residents and landowners of the area described by the petition of the results of the petition, or shall notify Owner, who filed this Petition under Section 42.102. pg. 2 16. Pursuant to TEX. LOC. GOVT CODE S 42.105(c), because Owner has obtained the number of signatures on the Petition required under Section 42.104 to release the area from the extraterritorial jurisdiction of the City of Gunter, the city must immediately release the area- Owner's the Property-from City's extraterritorial, jurisdiction. 17. Pursuant to TEX. LOC. GOV'T CODE S 42.105(d), if the Cityf fails to take action to release Owner's Property from the City's ETJ by the later of the 45th day afteri the date the municipality receives the petition or the next meeting of the City's governing body that occurs after the 30th day after the date the City receives this petition, the area- Owner's Property-is released by operation of law. pg. 3 OWNER NAME: StratVest LLC, a Texas limited liability company By: Bishall Psuar Printed Name Its: Dieter manaqur Title Signature Date of birth 2000907318 Voter registration number Collin Voter county of registration Residence address 05-7-2025 Date of signing pg. 4 EXHIBIT A DEED AND PROPERTY MAP pg.5 5 Grayson County Deana Patterson County Clerk Sherman, TX 75090 Instrument Number: 2025-4746 ERecordings-RP Recorded On: February 26, 2025 09:34 AM Number of Pages: 5 - Examined and Charged as Follows: - Total Recording: $27.00 ******** **** THIS PAGE IS PART OF THE INSTRUMENT ********** Any provision herein which restricts the Sale, Rental or use of the described Document because of color or race is invalid and unenforceable under federal law. File Information: Record and Return To: Document Number: 4746 eRecording Partners Network Receipt Number: 20250226000026 100 W. Houston Ste. 17 Recorded Date/Time: February 26, 2025 09:34 AM User: Maria J Sherman TX 75090 Station: JAIMESM-CC18 - STATE OF TEXAS COUNTY OF GRAYSON I hereby certify that this Instrument was FILED In the File Number sequence on the date/time printed hereon, and was duly RECORDED in the Official Records of Grayson County, Texas. Deana Patterson * County Clerk Grayson County, TX 2025 4746 Independence Title GF# 2443117-FADA After Recording Return to: StratVest LLC NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING PERSON, YOU ANY INSTRUMENT THAT' TRANSFERS AN INTEREST IN REAL PROPERTY INFORMATION BEFORE FROM IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY IT NUMBER OR YOUR. DRIVER'S LICENSE NUMBER. GENERAL WARRANTY DEED Date: Feb. 14 2025 Grantor: Catherine Yeary Brooks and Christopher Yeary Grantee: StratVest LLC, a Texas limited liability company Grantee's Mailing Address:_ 5799 CUSTER Rb, SuiTE 10-181. FRISCe, Consideration: TEN AND NO/100 DOLLARS and Tx 7503s ($10.00) a Note of even date herewith executed. by Grantee and payable to the order of CADENCE BANK ("LENDER") in the original principal sum of SEVEN HUNDRED FIFTY THOUSAND & NO/100 DOLLARS The Note is secured by a superior vendor's lien and superior title retained in this Deed ($750,000.00). in favor of Lender, and by a first-lien deed of trust of even datefrom Grantee to Shanna Kuzdzal, Trustee. Property (including any improvements): Situated in the County of Grayson, State of Texas, being a part of John Blundell Survey, Abstract and being all of a called 3.00 acre tract of land described in the deed to James and No. 104, recorded in Volume 1369, Page 359, Deed Records, Grayson County, Texas, and Ray the Yeary Diane E. Yeary, called 18.513 acre tract of land described in the deed to. James Ray Yeary, recorded in remaining Volume portion of a Official Public Records, Grayson County, Texas, and being described by metes and bounds as follows: 4138, Page 778, Beginning at a P/K nail found for the southwest corner of said 3.00 acre tract, common to the southwest corner a called 11.475 acre tract of land described in the deed to Keith W. Smith, recorded in Document No. 2020- of 31367, Real Properly Records, Grayson County, Texas, and in McConnell Road, and from which a 1/2" bears North 32029' East, a distance of 2.5 feet; steel rod Thence North 00°17'07" West, with the westerly line of said 3.00 acre tract, and with the 11.475 acre tract, a distance of 648.63 feet to a 1/2" steel rod found for the northwest corner easterly of said line 3.00 of said tract, common to the western-most southwest corner of said 18.513 acre tract; acre Thence North 01°15'36" West, with the westerly line of said 18.513 acre tract, and with the easterly line ofs said GENERAL WARRANTY DEED 2025 - 4746 11.475 acre tract, along or near: a fence, a distance of 649.12 feet to a 1/2" steel corner of said 18.513 acre tract, and on the southerly line of a called 43.623 rod tract found for the northwest deed to Van Nichols Family Limited Partnership, recorded in Document acre of land described in the Records; No. 2019-9790, said Real Property Thence North 89°48'11" East, with the northerly line of said 18.513 acre tract, and with 43.623 acre tract, a distance of 417.72 feet to a 1/2" steel rod set for the northeast the southerly line of said tract of land, common to the northwest corner of a called 3.000 acre tract of land comer of the herein described R. Stelly and Haley Elaine Stelly, recorded in Document No. described in the deed to Timothy 2023-16853, said Real Property Records; Thence South 0103'00" East, crossing said 18.513 acre tract, with the westerly line of said distance of 1294.06 feet to a P/K nail set for the southeast corner of the herein described 3.000 acre tract, a the southwest corner of said 3.000 acre tract, and on the southerly line of said 18.513 tract of land, common to McConnell Road, and from which a 1/2" steel rod found for the southeast acre tract, and in aforesaid North 88°49'39" East, a distance of 129.17 feet; corner of said 3.000 acre tract bears Thence South 89°18'03" West, with the southerly line of said 18.513 acre and distance of 423.96 feet to the Point of Beginning and 12.44 tract, in McConnell Road, a containing acres of land, more or less Reservations from Conveyance: None Exceptions to Conveyance and Warranty: Liens described as part of the Consideration and other liens described in this deed as being either assumed by Grantee or subject to which title is taken any Grantee; validly existing restrictive covenants common to the platted subdivision in which the by is located; standby fees, taxes, and assessments by any taxing authority for the year 2025 and Property years, and subsequent taxes and assessments by any taxing authority for prior years due to subsequent in land usage or ownership; validly existing utility easements created by the dedication deed or change oft the subdivision in which the Property is located; any discrepancies, conflicts, or plat shortages in area or boundary lines, or any encroachments or protrusions, or any overlapping of improvements; homestead or community property or survivorship rights, if any, of any spouse of Grantee; and any titles or rights asserted by anyone, including but not limited to persons, the public, validly existing corporations, governments, or other entities, to (1) tidelands or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs, or oceans, (2) lands beyond the line of the harbor or bulkhead lines as established or changed by any government, (3) filled-in lands or artificial islands, water rights, including riparian rights, or (5) the area extending from the line of mean low tide to the line (4) of vegetation or the right of access to that area or easement along and across that area; validly existing easements, reservations or exceptions which are recorded in the real property records of the where the Propertyis located. County Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the with all and singular the rights and appurtenances thereto in Property, together any way belonging, to have and to hold it Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs to and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the Reservations from Conveyance and the Exceptions to and Warranty. Conveyance The vendor's lien against and superior title to the Property are retained until each note described is fully paid according to its terms, at which time this deed will become absolute, and the vendor's lien and superior title herein reserved shall be automatically released and discharged. GENERAL WARRANTY DEED 2025 4746 Lender at Grantee's request, has paid in cash to Grantor that portion of the Property that is evidenced by the note. The first and superior vendor's lien purchase price of the the Property are retained for the benefit ofLender and against and superior title to Grantor. are transferred to Lender without recourse against When the context requires, singular nouns and pronouns include the plural. GENERAL WARRANTY DEED 2025 - 4746 GRANTOR: ai5 Catherine Yeary Brooks THE STATE COUNTY OF 3 S GITRAS This instrument was acknowledged before me on this the day of 2025, by Catherine Brooks. Flonavy Yeary Notafy Public State ofTexas Stamp: RACHEL SHELTONS STUEVER Notary! ID 128937766 Expires My Commisiong April 17. 2028 GRANIDR: M/ Christopher Yeary THE STATE COUNTY OF SRAS This instrument was acknowledged before me on this the 4 day of 2025, by Christopher Yeary, Fbnary STUEVER LACELSHEDNS Notary" ID TEBSITTEE Expires My COPPiSORE April 17. 2028 Notafy Publix (State of Texas Stamp: Prepared by: RUAIS LAW, PLLC 8951 Collin McKinney Pkwy, Ste. 201 Mckinney, TX: 75070 GENERAL WARRANTY DEED Property ID: 131717 For Year - 2025- AF Property Details Accout Property ID: 131717 Geographic ID: 269 0104006 Type: R Zoning: Property Use: Condo: ocation Situs Address: 1389 MCCONNELLI RD GUNTER, TX 75058 Mapi ID: 269 Mapsco: Legal Description: G-0104 BLUNDELL. JOHNA-G0104,ACRES 12.44 AbstracuSubdivision: G-0104 Neighborhood: (N)N Owner Owner ID: 509746 Name: STRATVESTLLC Agent: Mailing Address; 5999 CUSTER RD: SUITE 110-181 FRISCO, TX 75035 % Ownership: 100.0% Exemptions: For privacy reasons not alle exemptions ares shown online. x ParclsSTRATVESTUIC VewN MoreP Properyinfornation 104 Property Information J. BLUNDELL Propertyl ID: 131717 LegalAcreage: 12.44 GEOID:: 2690104006 Legal Description: G-0104 BLUNDELLJOHN A-G0104,ACRES 12.44 Tract orLot: Abstract Subdivision Code: G-0104 Block: Neighborhood Code: N Schooll District SGU Cityl Limits: Propertv Location Zeomio NrConcoli Rd a 1 0253 WM CAMPBELL - a pg.6 X Parcels-VAN NICHOLST FAMILYIP NDELL View More Propery Vinformation Property Information Property ID: 131712 Legal Acroage: 35.98 GEOI ID: 2690104003 Logal Description: G-01041 BLUNDELLJOHN A-G0104,ACRES3598 Tract orLot Abstract Subdivision Code: G-0104 Block: Neighborhood Code: School District: SGU City Limits: Propertv Location Zoomto Tell Rd pg. 7 EXHIBIT B. AFFIDAVIT OF RISHABH PARMAR IN SUPPORT OF PETITION FOR RELEASE FROM THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF GUNTER Before me, the undersigned authority, on this day personally appeared, Rishabh Parmar, stated as follows: who under oath 1. My name is Rishabh Parmar. I am over eighteen (18) years of age and am legally this affidavit, which is true and correct, and is made competent to make voluntarily and not under duress. 2. As the Mana 9 EK of StratVest LLC, a Texas limited liability companyla am authorized to submit this Petition on its behalf. 3. StratVest LLC, a Texas limited liability company is a property owner in the extraterritorial the City of Gunter. Its property is located at the following address: jurisdiction of 1389 McConnell Rd, Gunter Tx 75058 (the "Property"). 4. There is 1 owner of the Property: StratVest LLC, a Texas limited liability Texas limited company.. StratVest LLC, a liability company owns 100% of the interest in the Property. 5.Isweart that the Propertyis not: (1) within five miles of the boundary of a Tex. Loc. Gov't Code S military base, as defined by 43.0117, at which an active training program is conducted; (2) in an area that was voluntarily annexed into the extraterritorial, jurisdiction that is located in a county: (a) in which the population grew by more than 50 percent from the previous federal decennial census in the federal decennial census conducted in 2020, and (b) that has a population greater than 240,000; (3) within the portion of the extraterritorial jurisdiction of a municipality with a of population more than 1.4 million that is: (a) within 15 miles of the boundary of a military base, as defined by Tex. Loc. Gov't Code S which an active training program is conducted, and (b) in a county with a of 43.0117, at population more than 2 million; (4) in an area designated as an industrial district under Tex. Loc. Gov't Code S 42.044; or (5) in an area subject to a strategic partnership agreement entered into under Tex. Loc. Gov't Code S 43.0751. 6.Iswear that the petition contains my valid and true (1) signature, (2) printed name, date of voter (3) birth; registration number; county of voter registration, (4) residence address, and (5) date of which signed such petition. 7.1 swear that - satisfied the signature requirement of Tex. Loc. Gov't Code S within 42.104(b) 180 days following the date the first signature for the petition was obtained. Rishabh Parmar Sworn and subscribed to before me on this the 17 day of March, 2025E Notary Public in and for the State of Texas o a fan 1 0 EXHIBIT C RECEIVED MAR 21 2025 10:09 am March 17, 2025 0 Courtney Morris City of Sanger, City Attorney 105 N 4th Street Gunter, TX 75058 Via email: 0 Re: Petition for Release from the Extraterritorial Jurisdiction of the City of Gunter Dear Ms. Morris, 1. Keith W Smith ("Owner") files this Petition pursuant to TEX. LOC. GOV'T CODE S 42.102. 2. Keith W Smith owns property within the extraterritorial, jurisdiction of the City Gunter at TBD McConnell Rd, Gunter Texas 75058 - Legal: G-0104 BLUNDELL JOHN A-G0104, ACRES 11.475 PID 408766 (the "Property").. See Exhibit A (Deed and Property Map). 3. Owner hereby Petitions the City of Gunter to release of Owner's Property from its extraterritorial jurisdiction. 4. Pursuant to TEX. LOC. GOV'T CODE S 42.102, an owner or owners of majority in value of an area in a municipality's extraterritorial jurisdiction may file a petition with the municipality to be released from the extraterritorial. jurisdiction, ifthe owner's property in question meets the applicability requirements of TEX. LOC. GOV'T CODE S 42.101 and the petition requirements of TEX. LOC. GOVT CODE S 42.104. 5. Owner's Property meets the applicability requirements of TEX. LOC. GOV'T CODE S 42.101. 6. As set forth in Exhibit B, Affidavit of Owner, and as set forth in TEX.LOC.GOVT CODE S 42.101, the undersigned swears that the Property is not: (1) within five miles of the boundary of a military base, as defined by TEX. LOC. GOV'T CODE S 43.0117, at which an active training program is conducted; (2) in an area that was voluntarily: annexed into the extraterritorial jurisdiction that is located in a county: (A) in which the population grew by more than 50 percent from the previous federal decennial census in the federal decennial census conducted in 2020, and (B) that has a population greater than 240,000; pg. 1 (3) within the portion of the extraterritorial, jurisdiction of a municipality with a population of more than 1.4 million that is: (A) within 15 miles of the boundary of a military base, as defined by TEX. LOC. GOVT CODE S 43.0117, at which an active training program is conducted, and (B) in a county with a population of more than 2 million; (4) in an area designated as an industrial district under TEX. LOC. GOVT CODE S 42.044; or (5) in an area subject to a strategic partnership agreement entered into under TEX. LOC. GOV'T CODE S 43.0751. 7. This Petition meets the requirements of TEX. LOC. GOV'T CODE S 42.104. 8. As required by TEX. LOC. GOV'T CODE S 42.104(a)(2), Owner's value in the Property constitutes more than 50% of the value of the Property, as indicated by the taxi rolls of the Grayson Central. Appraisal District. 9. As required by TEX. LOC. GOV'T CODE S 42.104(a)(2), the signature page accompanying this Petition includes the signatures of 100% oft the Property's owners in value, which is more than 50%. 10. As required by TEX.LOC.GOVT CODE S 42.103, the signature is valid pursuant to TEX. ELEC.CODE S 277.002. 11. This Petition contains, in addition to the signature: (A) the signer's printed name; (B) the signer's: (i) date of birth; or (ii) voter registration number and, (i) county of registration; (C) the signer's residence address; and (D) the date of signing. 12. As required by TEX.LOC. GOV'T CODE S 42.104(b), Owner filing this Petition satisfied the signature requirement within 180 days after the date the first signature forthe Petition was obtained. 13. As required by TEX. LOC. GOV'T CODE S 42.104(c), the signature collected under this section is in writing. 14. As required by TEX. LOC. GOV'T CODE S 42.104(d), this Petition includes the deed for the land to be released in Exhibit A, which describes the boundaries of the land to be released by: (1) metes and bounds; or (2) lot and block number, if there is a recorded map or plat. Exhibit A also includes a map of the land to be released. 15. As required by TEX. LOC. GOV'T CODE S 42.105(a), the City must verify this Petition upon receipt; shall notify the residents and landowners of the area described by the petition of the results of the petition, or shall notify Owner, who filed this Petition under Section 42.102. pg. 2 16. Pursuant to TEX. LOC. GOVTO CODE S 42.105(c), because Owner has obtained the number of signatures on the Petition required under Section 42.104 to release the area from the extraterritorial jurisdiction of the City of Gunter, the city must immediately release the area- Owner's the Property--from City's extrmterifotalunisaiction. 17. Pursuant to TEX. LOC. GOVT CODE S 42.105(d), if the City fails to take action to release Owner's Propertyi from the City's ETJ by the later of the 45th day aftert the date the municipality receives the petition or the next meeting of the City's governing body that occurs after the 30th day after the date the City receives this petition, the area- Owner's Property-is released by operation of law. pg. 3 OWNER NAME: Keith W. Smith By: Keith W Smith Printed Name Its: Owner Title L Signature Date of birth 1074673084 Voter registration number Collin Voter county of registration Residence address 03-17-2025 Date of signing pg. 4 EXHIBIT A DEED AND PROPERTY MAP pg.5 EX Parcels:SMITH! KEITH W Vew More Prgperunformsies 104 J. BLUNDE Property Information Property ID: 408766 LegalAcreage: 11.47 GEOI D:269010400504 Legal Description: G-0104 BLUNDELL. JOHN A-G0104,A ACRES 11.475 Tract or Lot: Abstract Subdivision Code: G-0104 Block: Neighborhood Code: N School District: SGU City Limits: Propertv Location Zoomto McConnoll Rd Property ID: 408766 For Year 45- Property Details Account Property ID: 408766 Geographic ID: 269 010400504 Type: R Zoning: Property Use: Condo: Location Situs Address: MCCONNELL RD GUNTER, TX Map ID: 269 Mapsco: Legal Description: G-0104 BLUNDELL. JOHNA-G0104, ACRES 11.475 AbstractSubdivision: G-0104 Neighborhood: (N) N Ovner Owner ID: 468402 Name: SMITH KEITHI W Agent: MailingAddress: 9343: SYCAMORE ST FRISCO, TX: 75033-2318 % Ownership: 100.0% Exemptions: For privacy reasons not all exemptions are: shown online. pg. 6 6 104 J. BLUNDE McConnelll F pg. 7 Grayson County Wilma Bush County Clerk Sherman, TX 75090 Instrument Number: 2020 - 31367 ERecordings-RP Recorded On: November 12, 2020 08:02 AM Number of Pages: 4 Parties: PROSPER REALTY PARTNERS LLC P Examined and Charged as Follows: Total Recording: $24.00 *********** THIS PAGE IS PART OF THE INSTRUMENT *** *** ** Any: provision herein which restricts the Sale, Rental or use of the described Document because of color or race is invalid and unenforceable under federal law. File Information: Record and Return To: Document Number: 31367 CSC Global Receipt Number: 20201111000007 Recorded Date/Time: November 12, 2020 08:02 AM User: Cort M Station: CLERKO7 STATE OF TEXAS COUNTY OF GRAYSON I hereby certify that this Instrument was FILED In the File Number sequence on the date/time printed hereon, and was duly RECORDED in the Official Records of Grayson Texas. - County, Wilma Bush County Clerk Grayson County, TX 2020 - 31367 Recorded by Stewart Title GF# GF#933408 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING PERSON, INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: IN YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER WARRANTY DEED WITH VENDOR'S LIEN DATE: November 10, 2020 GRANTOR: PROSPER REALTY PARTNERS, LLC GRANTOR'S MAILING ADDRESS: 101 Equestrian Way, Prosper, TX 75078 GRANTEE: KEITH W. SMITH GRANTEE'S MAILING ADDRESS: 9343 Sycamore Street, Frisco, TX 75078 CONSIDERATION: Ten and No/100 ($10.00) and other valuable consideration to the undersigned paid by the grantees herein named, the receipt of which is hereby acknowledged, and the further consideration of the execution and delivery by grantees of their one certain promissory note of even date herewith in the principal sum of $340,825.00 payable to the order of William A. Zeman, as therein provided and bearing interest at the rates therein specified and providing for acceleration of maturity in event. of default and for attorney's fees; secured by a Deed ofTrust of even date herewith to Kent Davis, Trustee. additionally PROPERTY (including any improvements): See Exhibit "A" attached hereto and made a part hereof for all purposes. RESERVATIONS FROM. AND EXCEPTIONS TO CONVEYANCE, AND WARRANTY: This conveyance is given and accepted subject to any and all easements, restrictions, rights-of-way, covenants, conditions, reservations, municipal or other governmental zoning laws, regulations and ordinances, if any, affecting and enforceable against the herein described property. Warranty Deed with Vendor's Lien Page 1 2020 31367 Grantor, for the consideration and subject to the reservations from and to conveyance and warranty, grants, sells and conveys to Grantee the property, together exceptions with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor Grantor and Grantor's heirs, executors, administrators, and successors to warrant binds defend all and singular the property to Grantee and Grantee's heirs, executors, and forever successors, and assigns, against every person whosoever lawfully claiming or to claim administrators, the or any part thereof, except as to the reservations from and exceptions to warranty. same The vendor's lien against and superior title to the property are retained until each note described is fully paid according to its terms, at which time this deed shall become absolute. The said Vendor's Lien and Superior Title herein retained are hereby assigned, sold and conveyed to William A. Zeman, successors and assigns, the transferred, named said note without recourse on grantor. payee in When the context requires, singular nouns and pronouns include the plural. PROSPER REALTY: PARTNERS, LLC By: A Name: WilnbSexfn B Title: Brtrer STATE OF TEXAS COUNTY OF This instrument was acknowledged before me 99 the 10 day of 2020, by Lhlu L - - A of Prosper Partners, LLC, on behalf of said entity. Realty - Lo DeAnna Oellermann My Commission Expires Notary Public, State of Texas 04/09/2024 IDNo 12010432 M / AFTER RECORDING RETURN TO: Keith W. Smith 9343 Sycamore Street Frisco, TX 75078 Warranty Deed with Vendor's Lien Page 2 2020 31367 Exhibit "A" Situated in the County of Grayson, State of Texas, being a part of the John Blundell 104, and being a part of the same tract of land described as 32.48 acres to Survey, Abstract No. Partners by deed recorded in Volume 5.317, Page 114, Official Public conveyed Prosper Realty and being more particularly described by metes and bounds Records, Grayson County, Texas, as follows: Beginning at a found 1/2" steel rod being the Northeast corner of said 32.48 acre tract; Thence South 01°15'36" East, a distance of 649.12 feet to a found 1/2" steel rod; Thence South 00017'07 - East, a distance of 648.63 feet to a set P.K. nail in the center known as McConneli Road; of a public road Thence South 89°30'58" West, along the center of McConnell Road, a distance of P.K. nail; 382.45 feet to a set Thence North 00°46'27" West, a distance of 1297.41 feet to a set 1/2" steel rod; Thence North 89°28'22" East, a distance of 382. 47 feet to the Point-of-Beginning and acres of land. containing 11.475 Warranty Deed with Vendor's Lien Page 3 EXHIBIT B AFFIDAVIT OF KEITH W SMITH IN SUPPORT OF PETITION FOR RELEASE FROM THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF GUNTER Before me, the undersigned authority, on this day personally appeared, Keith W Smith, who under oath stated as follows: 1. My name is Keith W Smith. I am over eighteen (18) years of age and am legally competent to make this affidavit, which is true and correct, and is made voluntarily and not under duress. 2. As the Owner I am authorized to submit this Petition on its behalf. 3. Keith W Smith is the property owner in the extraterritorial, jurisdiction of the City of Gunter. Its is located at the following address: TBD McConnell Rd, Gunter Tx 75058 - Legal property Description: G-0104 BLUNDELL JOHN A-G0104, ACRES 11.475 Grayson County Tx (the "Property"). 4. There is 1 owner of the Property: Keith W Smith. Keith W Smith owns 100% oft the interest in the Property. 5.1 swear that the Propertyis not: (1) within five miles of the boundary of a military base, as defined by Tex. Loc. Gov't Code S 43.0117, at which an active training program is conducted; (2) in an area that was voluntarily annexed into the extraterritorial, jurisdiction that is located in a county: (a) in which the population grew by more than 50 percent from the previous federal decennial census in the federal decennial census conducted in 2020, and (b) that has a population greater than 240,000; (3) within the portion of the extraterritorial jurisdiction of a municipality with a population of more than 1.4 million that is: (a) within 15 miles of the boundary of a military base, as defined by Tex. Loc. Gov't Code S 43.0117, at which an active training program is conducted, and (b) in a county with a population of more . than 2 million; (4) in an area designated as an industrial district under Tex. Loc. Gov't Code S 42.044; or (5) in an area subject to a strategic partnership agreement entered into under Tex. Loc. Gov't Code S 43.0751. 6. Iswear that the petition contains my valid and true (1) signature, (2) printed name, (3) date of birth; voter registration number; county of voter registration, (4) residence address, and (5) date of whichl signed such petition. 7.Iswear that I satisfied the signature requirement of Tex. Loc. Gov't Code S 42.104(b) within 180 days following the date thefirsts signature fori the petition was obtained. Keith W Smith Sworn and subscribed to before me on this the + day of March, 20 - Notary Public in and for the State of Texas - 3 - f Sors 06. 18-2027 - , . EXHIBIT D RECEIVED COATS ROSE JUN 10 2024 JOSH BETHKE A PROFESSIONAL CORPORATION ASSOCIATE BESTIKE@COATBOSECON. DIRECT: (972) 982-8454 FAX: (972) 702-8451 June 06, 2024 City Secretary City ofGunter, Texas Attn: Detra Gaines P.O. Box 349 Gunter, Texas 75058 Re: Petition for Release from the City of Gunter's Extraterritorial Jurisdiction "Petition") (the Dear Ms. Gaines: Enclosed please find a copy of the above-described Petition on behalf ofVGC LLC, to be filed with the City of Gunter. GUNTER, Please reach out to Joshua A. Bethke at Dethke@costsrose.com or (972) 982-8454 with any questions regarding the Petition. Very truly yours, B34 Josh) Bethke Enclosure 160001 NORTH) DALLASI PARKWAY,S SUITE 350, DALLAS, TEXAS 75248 PHONE: (972) 788-1600 FAX: (972) 702-0662 contsrose.com HOUSTON AUSTIN - DALLAS - I CINCINNATI 4886-1821-9718.v2 PETITION FOR RELEASE FROM THE CITY OF GUNTER'S EXTRATERRITORIAL JURISDICTION THE STATE OF TEXAS $ COUNTY OF GRAYSON S TO THE HONORABLE MAYOR AND CITY COUNCIL, CITY OF GUNTER, TEXAS: COMES NOW the undersigned (the "Petitioner"), acting pursuant to Chapter 42 of Texas Local Government Code, as amended (the Act"), respectfully petitions the City the of Gunter, Texas ("City") to release certain property located within the City's extraterritorial jurisdiction, as more particularly described in the attached Exhibit "A" (the "Property"). In support of same, Petitioner would respectfully show the following: I. The Property is located within the extraterritorial jurisdiction of the City of Texas in Grayson County, Texas, and is not within the corporate limits or extrateritorial jurisdiction Gunter, of any other municipality. Petitioner requests release from the exfraterritorial jurisdiction of the City of Gunter, Texas. H. The Property does not lie in an area: within five (5) miles of the boundary of a military base, at which an active training program is conducted, as defined by Section 43.0117 of the Texas Local Government Code, as amended; (ii) that was voluntarily annexed into the extraterritorial jurisdiction that is located in a county in which the population grew by more than fifty percent (50%) from the previous federal census in the federal census conducted in the year 2020 and has a population of greater than 240,000; (ii) within the portion of the extraterritorial jurisdiction of a. municipality with a population of more than 1.4 million and that is within fifteen (15) miles of the boundary of a military base, at which an active training program is conducted, and in a county with aj population ofmore than two (2) million; (v) designated as an industrial district under Section 42.044 of the Texas Local Government Code, as amended; or (v) subject to a strategic partnership agreement entered into under Section 43.0751 of the Texas Local Government Code, as amended. 4857-8720-9596v2 AII. The persons or entities (through authorized representatives) signing this Petition constitute a majority in value of the holders of fitle to the Property as shown by the tax rolls and conveyances of record since the date of preparation of said county tax rolls. IV. The Petitioner, having met the petition requirements in S 42.104 of the. Act, requests the City immediately release the Property from the City's extraterritorial jurisdiction pursuant to 42.105(c) ofthe Act. Otherwise, the Property shall be released by operation of law pursuant to $ $ 42.105(d) ofthe Act. V, This Petition will be filed with the City Secretary, City ofGunter, Texas. VI. WHEREFORE, the Petitioner respectfully prays that this petition be granted in all respects and that the City Council of the City of Gunter, Texas adopts an ordinance or resolution releasing the Property from the City's extraterritorial jurisdiction. SIGNATURE! PAGE TO FOLLOW] 2 4857-8720-9596v2 RESPECTFULLY SUBMITTED, on this the 6 day of JONE 2024. PETITIONER: VGC GUNTER LLC, a Texas limited liability company By: 7 Name: MVAT 3cne703v Title: OsAGER Date of Signing: S/6/2 Date ofBirth: Resident Address: STATE OF TSAS COUNTY OF Covi This instrument was acknowledged before me on the 6 day of JUNE 2024 by Muna: Ramarwju, Manasor of VGC GUNTER LLC, a Texas limited liability company, on behalf of said entity and in the capacity herein stated. IMura - Notary Public in and for thés State ofTexas (SEAL) Muniraj Janagarajm Notary Public, Slate ofTems Comm Expires 09/30/2024 Notary ID 130845530 3 4857-8720-9596.12 EXBOBIT A" Legal Description and Map of the Property (see attached) 4 4857-8720-95962 V EXHIBITA" SITUATED: int the County ofGrayson, State ofTexas, being out ofthe. John. Jennlngs Survey, Abstract) No. 645, beingnt part ofa 10.00 acret tract ofland conveyedb Iby General Warranty) Deed from Brian Thompsont and Claudia Thompsont to Quest) IRa, Inc. FBO Venkctal R.) Pindil IRA, Quesl IRa, Inc.FBO) Kavitha R. Pindi RA: and) Epic Estates, LICO on) March2 27, 2015 nnd recordedi in Volume 5604, Page 863, Official Public Records, Grayson County, Texas and all ofthe 45.01 acre tracto ofland conveyed! by WarrantyI Deed with' Vendor'sLien from) Brian Thompson and Claudia' Thompsont to) Epic Estales, LLC and Sri Devi Yerrmsetty on March? 27, 2015, BSI recordedi in Volume 5604, Page 831, said Official Public Records, and! being more particularly described AS onc tract by mclcs and bounds as follows, to-wit: BEGINNING: al a 1/21 inchrebar found int thel North line ofthe Beverly A. Miller 49.22: acrct tract (Tract One) convayed in Volume 3489, Page 733, said Oflicial) Public Records,atf the Southeast comer ofLot 55, Maples Ranch Addition, Phase' Three to Gmayson County, Texas asrecorded in Volume 11, Pages 74 and 75, Plat Records, Grayson County, Toxas and the Southwest comer ofboth snid Epicl Estates & Yerramselly 45.01 nc, and thc hercin described fract; THENCE) North 01 deg. 07 min. 06s scc, West, alongt the general course ofay wire fence, with the West! line ofs said Eplc Estates & Yerramselly 45,01 ac. and the East line ofsaid Maples) Ranch. Addition, Phose' Three, a distance of 288,061 R. tos a spiker nail found at thc most) Eastem Northeast comer ofsaid) Lot 55; THENCE1 Norh 01 deg. 02 min. 12 sec. Wesi, continuing alongt the general course ofawirc fence, with the West line ofsaid Epic Estates & Yerramsetty 45.01 ac, ad thel East line ofsaid Maples Ranch Addition, Phase! Threr, passinga a 123 inch rebar found at3 377.34 f. at the Northeast comer ofLot53 andt the Southeast comer OFLo:52, boths saidMaples Ranch Addition, Phase Three, conlinuing on andy passing a 121 inch rebar founda lat 1,569.97 ft.a at thel Northeasto comerofLot4 47 and thc Southeast comer ofLot4 46, boths said Maples) Ranch Addition, Phase' Three, contimuingo on forn' TOTAL dislance of1,717,52 fl.t toa 122 inch cappedr rebar set, stamped "RPLS6 6578" atthe Southwesto comer ofthe Trivision) Homes, Inc. 5,00 acre tract oflando conveyed in Volume? 2492, Page 636, said Official) Public Records and thel Northwast comer ofboth Epic Estates &Yeramsetty 45.01 ac, andi thel herein described fract; THENCENorth 89 deg. 07 min. 31 sec, Enst, along tho gencral course ofa wire fence, with the South line ofsaid Triyision Homes 5.00nc. the Susan Mabon 5,00 acret truct oflando conveyedi in Volume 5376, Pages 945,smid Oficlal Public Records,t the Michaol) D. Greil: and) Dawn A. Greil3.00ncre tracto ofland conveyedi in Volume 3049, Pagel 108, said Official Public Records andi the Joshun Leel Ross and Amanda Ross 12.00 acre tract oflnnd conveyed ini Instrument No. 2021-3483, said Officiall Public Recordse andt the north line ofs said Epicl Estates 45,01 ac. & Yerramsetty 45.01 ac., passingal 1/2inchr rebar found at 676.69 f. at the Southeast comer of snid Mahon 5.00ac. and the Southwest comer ofsaid Greil.3.00 ac, contimuing on fora a TOTAL distance of1,015.861 A.t toa) I/2 inch rebari founda at an) Ell comer ofsaid Ross 12,00 ac. andt the most! Northem) Northeast comer ofboths said Epic Estates & Yerramsetty 45,01 ac. andt thc herein describedt tract; THENCE South 00 deg. 52 min,57s sec. East, along with (he general coursed ofawire fence with an) East line ofs said Epic Estates 45,01 &Yerramselly4 45,01 ac. anda Wesl] line ofsnid Ross 12,00 ac, the Greg F. Gains and Defra Gains 5.00 acre tract ofland conveyed In Volyme 2629, Page2 216, said Official Public Records and thel Reginald Richmondr andI Lauric Richmond: 5.00 acre tract ofland as conveyedi in Volume 3184, Page 336, snid Officiall Public Records, passingn al 1/2i inchrebar found: at 385.87 RL at the Southwest comer ofsaid Gains 5,00 ac. andt the Northwesto comer ofs said) Richmond5.00: ac., continuing onf fora' TOTALdistance of727.43 ft. toal2 inchrebar founde at the Southwest comer ofs said Richmond: 5,00 ac. and and ell comer ofb both said) Epic Estates & Yerramsetty 45.01 ac, and (hel hercin described tract; THENCENorth 89 deg. 09 min. 05 sec. Easl, witli the South linc ofsaid Richmond 5,00 ac. and aNorh linc of's said Epic) Estates & Yeramsetty 45.01 BC., a distance of637,13 ftt toal 122 inchi rebar found on the West side ofMassey Rond, apublicr moad, att the Southeast comer ofs said) Richmond5.00 ac. and an Enstern) Northeast comer ofl boths said Epic Estates & Yeramsetty 45.01 ac. and theherein described tract; THENCE: South 01 deg. 04 min. 23 sec.) East, along the Wests side ofMassey Road, with anl East lincc ofbothsaid Epic Estates & Yerrainsetty 45.01 ac. and Epic Estates & Quest IRA 10.00 ac., a distanced of 189.91 f. tos al 1/2,inch capped rebar found, stamped' "CBC Surveying" att thel Northeast comer ofthel Marcella A. Avansa and) Keith! Marino 2.08 acret tract oflando conveyedi in) Instruent Na.2019-23629, said Officiall Public Records (said Avans & Marino 2,08 ac. conveyed out ofny portion of said Epic Estates & Quest] IRA 10.00 ac.) and ther most Northem Southeast comer ofthel herein describedi trct; THENCESouth 89 deg. 05 min.3 30 sec, West, with the) North line ofsaid/ Avans & Marino: 2,08 ac., at a distançe of 465.00 fL. tos al/2 inch cappedrebar founds stamped" "CBC Surveying" al thel Northwest comer ofs said. Avans & Marino 2.09 ac. and: anc cllc comer ofthe herein describedt tract; THENCE South 01 deg. 041 min, 21 sec. East, with tho West linc of said Avans &Marino 2,09 ac., a distancc of 195.00 fLt toapointi innp pond, at the Southyest comer ofs said Avans & Marino 2,09 ac. an cl! comer ofthel hercin described tract; THENCEI North 89 deg. 051 min. 30s scc. East, with the South linc ofsaidAyans a Marino! 2.08 ac., a distance of 465.00 Rt to al 1/2i inch cappedr rebar found,s stamped' "CBC Surveying" in the Westsidc ofs said Massey) Road, at the Southeast comer ofsnid Avans & Marino 2.08 nc. andt the most Southem Northeast comer ofthe herein described tract; THENCES South Ol deg. 041 min, 23 sec.) East, along the Wests sidc ofs said? Masscy Road, witht thel Eat line ofs said Epic Estates & Quest IRA 10,00 ac., a distance of220.16 ft. toa a 1/2 inchr rebar found at thel Northeast comero ofthe Richardi E. Milan and" Theresal M, Milan 10,466 acrc Iract ofland as conveyedi in Volume: 5486, 643, said Officiall Publiç Records, the Southeast comer ofsaid Epicl Estates & Quest RAI 10,00 ac. and the Page most Southcast comero of thel herein described tract; THENCE Sonth 89d deg. 061 min. 14 sec, Wesl, along the general course ofay wire fence, witht the) North line ofs said Milan 10.466 ac. and the South lincc ofsaid Epic Estates & Quest) IRAI I0.00 ac., a dislance of669,11 f. toa 12 inch rebar found at thel Northwest comer ofs saidMilan 10.466: ac, andi al Northeast comer ofs said Epic Estates & Yerramselty 45.02 ac., at m cllc comero ofthel herein described tract; THENCE South 000 deg.50r min. 46 sec.) East,alongt the general course ofa wirei fence with the West linc ofboth said Milan 10.466 acre, and the) Ramon) Lui Malpica, m and! Ryan Elizabcth Malpica 1.337 acret tracto toflani conveyedi in) Iustrument No. 2020-16220, said Official Public Recordsa anda an) East line ofsaid Epic Estates & Yerramsctly 45.01 ac, a distance of678.84 f. to2 a 12 inch foudi in theNorth lined of said) Miller 49.22: ac. and the Southwesto comer ofs said) Malpica 1.337 ac., at ther most Southern Southeast comer ofboth said Epic! Estates & Yerrasmsetty 45.01 ac. and the hercin describedt tract; THENCESouth 89à dey 151 min.37s sec. West, along the general course ofa wire fence with the South lineo ofsaid Epic Estates & Yerramsetty 45.01 ac. and thel North) line ofsaid? Miller 49,22 ac., a distance of979,64 f.. to the PLACE OFI BEGINNING and containing 52.930 acres ofland, DISCLOSURE OF AFFILIATION. AND ATTORNEY REPRESENTATION Re:Allegiance Tille Company GF: 21121193A-ALPL Theu undersignedh haye read this discosure andi understand that Alleglanca" Tila Companylsr referringt us to thel lawfim ofDawnE Enoch Moore, P.C. for preparallonofc certain! legal documenis necassaryf forl thec dosingo of ourt transaction and mayr recelve af financial or othert benefit AS a result oftho referral. Alleglance Tue Company and thel lawi firm of Dawn Enoch Monre, P.C. are affllated Int that Dawn Enoch! Moore has an ownership! Inlereslin bolh enllies. Because of this relallonship, thls referralr may provide ai fnanclal or olher benefitto the owner of Allegianca Tille Company. The Bslimated chargeo or range of chargesf for preparation oflegal documents byt thel law firmo ofDawn! Enoch Moore, P.C.I Is 550 to $250. Your are NOT requiredt to use Dawn Enoch Moore, P.C.as aconditiond ofs seltiement. There ared olhert atlomeyswhor provides suchservices. You aref frea tos shopf fortheses services. Bysigningb below, thet undersigned acknowiedge the disclosure ando choose toh herebyemploy! Dawn Enoch Moore, P.C. fort the limited purpose of preparing the Dead, Deed of Trust, Promissory Nole, Release ofl Llen(s), certaln Afldavits reqirdbyA Alleglanca Tille Compeny, BSE applicable, andloroiherd documentsr necessarys and: appropiatot In the closing ofb the sale, exchange, purchase, and/or loan of, or on, ther real property described Int the mbove-referenced guaranty file (the" "Transaclion"). Thet undorsigned undersland and agree that the documents by Dawn Enoch Moore, P.C. were prepared In accordance with the Instructions oft tha lender, If any, and cT parles this transaction, Including the requirements of Allegiance Tille Company. Nor representations havel been made by Dawn EnochMoore, P.C.ast to the legale effecis or taxc consequences of! these documents or oft the Transaclion. Nor representatlons! have been made as! lov whether the Transaction tov which these documents relale complies with the usurylaws or any olher laws of the United Slates or any: slate! having jurisdiellon over this Transaclion. Itisunderstoad: and agread by! the undersigned that! Dawn! Encch Moore,! P.C. Is not employed for legalr generally, or for any purpose In connection with the Transaction excepi that Dewn Enoch Moore, P.C. representallon has acted as counsel to Alleglance Tille Company: and ils tlle insurance underwriller, The undersigned further acknowiedge that they are awara that thay are free to relaln thoir own counsel lo advise them regarding the loan or puréhmsalalelexchange of the real propertly or to review and render advice concaming any of lhe documents or inslruments belng exécuted In connections with the Transaction. Thet undersigned! herebys agreet that theyh have read, understood, and! hereby: approve the dpcuments as and thatwithout such acknowiedigment and approval Dawn Enoch Moore, P.C. would notr release the documents prepared,a fori usein thel Transaction, The undersigned herby agree that no attomey/clien! privilege or relationship exists belween them and Dawn Enoch Moore, P.C. beyondt the preparallone oft the above-describedr documents. Theundersigneds acknowiedget thatD Dawn Enoch Moore,P.C. hast notprovided anylegala advicet tot thepartiesn regarding suilablitytoi the parles' Intentions ort the preparation ofi lhes documenis andt that! Ithes been suggesled thej partiess seek legalo counsel. Further, tho underaignad: acknowledge that Dawn Enoch Moore, P.C, has notr revlewed the real proparty records or ad valorem records asi tos defecls or oncumbrahces tot title. hnisdNonw Giris Saranu VGC Gunter, LLC, a Texas limted llabillty company By: Buaakovi NagaRajhal Bandaru, Manager ALLEGIANCE TITLE COMPANK BUYERO CLOSING CERTIFICATION GFH: 21121193A-ALPL Buyer: VGCC GunterI LLC, aTexasl limited linbility company Praperty: 6691 Masscy Rd, Gunter, TX 75058 Title Company: Allegianco' Title Company By initialing onc or morc ofthe following items as may be appropriate for this transaction, I acknowledge my underslanding of the disclosures being made by Title Company, and I affirm the representations I am making as indicated below. Each such disclosure or representation may jointly benefit the Titlc Company, its title insurance underwriter, the lender (if any), and the Seller in the transaction. Singular reference to "I," "the undersigned," and/or "Buyer" may include multiple individuals/entities identificd above as' "Buyer." 8& 1. WAIVER OE INSPECTION (Initials) Iagreet thatthe Owner's Policy ofTitle) Insurance yous arct to issuc covering the Property willl be on the promulgated Texas form, which confains an exception for rights ofparties inp possession. Since Title Company examines only the record title and does not actually see the Property, I hereby waive inspection by Titlc Company oft the Property and nccept my policy subjectt ta the rights ofp parties inp possession. Iagrect that it is my responsibilily to inspects saidpremisest andt to obtainy possession ofit from they present occupants, ifany. I acknowledge I am not relying upon any representation, statement or other assertion by Title Company about thc property condition or parties inp possession, but I am relying upon my inspection of the Property. I take tho Property with the express understanding that Title Company has made no express or implied warranties, and I understand Title Company has determined the insurability oftitles solely fori its own benefit. RAR 2. RECEIPT OF TITLE COMMITMENT (Initinls) Iacknowledge having received ad reviewed a copy oftho title commitment: issued in connection with this transaction, as well as legible copies of restrictive covenants and documents cvidencing exceptions in the title commitment. I understand that Owner's) Policy ofTitle Insurance will contain the exceptions set forth in Schedule B ofthe tite commitment and additional my exceptions tot titlar resulling from the documents involved lint this transaction.I understand thatImay consuit ant attomey any 1o discuss matters shown in the title commitment, I undersland that matters shown on Schedule B may affect my title and use of the Property. I agree thnt my Owner's Policy ofTitle Insurance will be al Iegal contract of indemnity between me and the Title Company and/ori its underwriter, and that tho Tille Company does not represent that my intended use ofthe Property is nllowed undert the law or undert the restrictions or exceptions tot tiile applicable tot the Property. Buyer Closing Certification Page 1 - &2 3.SURVEY: NEW OR EXISTING (Initials) I hereby acknowledge receipt ofaj print or a legible copy ofa a survey dated 06/11/2021 and preparei by Kate Wagner RPLS #6578, which was fumishedp pursuant to tho provisions ofthe Contract between the undersigned and the Seller. Iunderstand: that itis my responsibilityt to reviewt thes survey fory purposes ofr making objectiont to any defect or exception, such ase encronchments or profrusions that ares showno ont thes survey. Iam aware thate as standard exception ini thc Owner's) Policy ofTitle) Insurnnco tol bei issued to Buyer states; "Any discrepancies, conflicis, or shorlages in area or boundary lines, or any encroachment, or protrusions, or any overlapping gfimprovements." Ihave been advisedt that this: standard exception can be amended to except onlyto' "shortages in area," ifs any additional premium, asr required by state regulation, is paid to7 Title Company, Ihereby! hold Title Company harmless for any, metters shown on the survey and understand thati irespective of any amendment to thos standard exception, the Owner'sPolicy ofTitc Insurance may exceptt to matters shown on the survey. &R 4.PROPBRTY TAX PRORATIONS (Initils) I acknowledge that property taxes for the current year have becn prorated between the Seller and the Buyer based on the following figures: Assessment: $0.00 City: $0.00 County: $86.94 Schoo!: $0.00 - hereby consent to the taxes being prorated ont the above amounts and understand that, should the actual fax figures for they year promted vary from the amounts stated above, any appropriate adjustments willl bc handled directly between Buyer and Seller, and that neither Title Company, the lender (if any), nor the real estate agent(s) (if any) shall have any responsibility with regard thereto. Ifthe above taxes ares subjectt to an exemption that may be fransferred by! the Seller to other property during the current taxy year,1 acknowledge Seller'sright to transfer the exemptions. I understand that IfSeller decidest to transfer any exemptions, Seller owo Buyer additional taxes for Seller'sprorated, portion ofthe increased taxes as ai result ofr removal ofthe exemptions. may RNR 5. TAX RENDITION AND EXEMPTIONS (Initials) I am aware that iti ist my responsibility to notify the taxing authorities of the change of ownership, to ensure proper of future tax notices, and to apply for any tax exemption or special use designationi in the nature ofk homeslead, agricultural receipt use or otherwise, Iunderstand that the' Titlo Company has nor responsibility or obligationi for the: fture accuracy ofthe district records conceming ownership, tax-billing address, or qualificationi for exemptions. appraisal 6. HONCOMAERESASOCATONA ASSESSMENTS (Intinls) I acknowledge notification that ownership of the Property involves membership in a homeowner's or property owner's association, to which monthly or mnunl dues or assessments may or owed, which be enforccable by a lien against tho Property ifnot paid byt the owner. I understand thatIshould contact the association (or h managing agent) directlyt to ascertain the exact amount off future dues or assessments. The Title Company disclaims any knowledge of, and! hns mado nor withi respect to the association's annual budget, pending repairs, violations of restrictive covenants, ar deferred maintenance, representations if any, or other debts of the Association, I accept sole responsibiliy to obtain such information and verify its accuracy to my satisfaction. & 7. DOCUMENT CORRECTION AGREEMENT (Initials) In tho event thnt any ofthe documents prepared in'c connection with the closings ofthist trnsaction contain errors which misstate or inaccurately reflcct the truc and correct terms, conditions and provisions oft this closing, whether due to clerical crror or mistake on the part oft the Seller, the Buyer, the Title Company andlort the lender (if any), I agrec to execute, in a timely fashion, such correction documents as the Title Company may deem necessaryt to remedy such inaccuracy ori misstatement. RAk 8. AFFILIATED BUSINESS (Initials) ARRANGEMENT DISCLOSURE STATEMENT - NOTICE TO BORROWER Tacknowledge receipt ofr notice that Title Company has a business relationship with" Taxinfo, LLC, Exccutive LLC, and Dawn Enoch Moore, P.C. (collectively referredt to as "Affliates"), 157701 N.J Dallas Parkway, Suite 300, Notary Services, Texas 75248, and that Title Company is referring me to purchase settlement services therefrom, Title Company Dallas, tax certificates and mobile notary services from Afflintes. The charge for these settlement services is paid by routinely the obtains to the transaction; that charge is collecled by Tile Company at closing and paid by Title Company to Affiliates. Title parties routinely uses Dawn Enoch Moore, P.C. for preparation oft the Iegal documents for transactions, and all fees Company by the document preparation provider are set and controlled by the provider and paid directly to them from the escrow charged related to the transaction. The owner ofTitle Company, Dawn E. Moore, is and owneri int the Affiliates, Becnuse ofthisr relationship, the referral ofbusiness to Affiliates by Title Company, may, provide Title Companywith: a financial or other benefit. Ihave read this disclosure and undersland that Titlc Company is refening me to use the above-described companies and receivaaf financial or other bencfit as ther resull ofthis referral. mny Title Company has provided the estimated charge or) mnge of chargest for the sottlement services listed: Taxinfo, LLC. Range ofEstimnted charges: $59.80-$79.B0 Executivel Notary Serviçes LLC Range ofE Estimated charges: $125.00-$175.00 Dawn Enochl Moore, P.C. Range of Estimated charges: S(epends on docs) IUNDERSTAND' THAT: i)I AMI NOT REQUIRED TO USE THE LISTED PROVIDER(S) AS A CONDITION FOR THE PURCHASE, SALE OR REFINANCE OF THE SUBIECT PROPERTY, i) THERE ARE FREQUENTLY OTIIER SETTLEMENT SERVICE PROVIDERS AVAILABLE WITH SIMILAR SERVICES, AND ili) I AM FREE TO SHOP AROUND TO DETERMINE THAT I AM RECEIVING THE BEST SERVICES AND THE BEST RATE FOR THESE SERVICES. Allegiance Title GF #21121193A-ALPL NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE. A NATURAL PERSON, YOU MAY REMOVB.OR STRIKEANY OR ALL OF THE FOLLOWING INFORMATION, FROM ANYI INSTRUMENT THAT TRANSFERS ANI INTEREST: INI REALPROPERTY BEFORE! IT ISI FILED: FOR) RECORD INTHEI PUBLICI RECORDS: YOUR SOCIAL: SECURITY: NUMBER OR YOUR: DRIVER'S LICENSE: NUMBER. General Warranty Deed Date: Executed as ofthe dates ofthe Acknowledgments herein to be effective) July 22, 2021 Grantor: Giri Saranu, a married man not joined herein by his spouse as thej property constitutes no partoft the couple's homestead Grantor's S Mailing Address: 669 Massey Rd., Gunter, TX 75058 Grantee: VGC Gunter, LLC, a Texas limited liability company Grantee's! Mailing. Address: 1333 Corporate Drive, Suite 270, Irving, Texas 75038 Consideration: Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which isl lereby acknowledged. Property (including any improvements): See Exhibit "A" attached hereto and made aj part hereof. Reservations from Conveyance! None. Exceptions to Conveyance and Warranty: Liens described as part of the Consideration and other liens describedi in this deed as being either assumed or subject to which title ist taken; validly any existing easements, rights-of-way, and prescriptive rights, whether of record or not; all recorded and validly existing instruments, other than conveyances of the surfaçe fee presently affect the Property; and taxes for 2021 and subsequent years, which Grantee assumes estate, and that foj pay. agrees Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Çonveyance and Warranty, grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any waybelonging, to! have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever, Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, successors, and assigns againste foveypesonwhomsever lawfully claiming or to claim the same or any part fhereof, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. When the context requires, singular nouns and pronouns include the plural. GV Giri Saranu STATE OF TEXAS COUNTY OF COLLIN This instrument was acknowledged before me on Julys a 2021, by Giri Saranu. (Notary Seal) huockef Notary Public, State of" Texas HOTARYP APRILRCROCKER MYC COMM. CURLESAEGFTENSI EXRO 07/102023 NOTARYID1 10850064 Prepared! by: Dawn Enoch Moore,P.C. 15770N. Dallas] Parkway, Suitc 300 Dallas, TX 75248 214/635-3700 Afterrecordingr remurnto: VGC Gunter, LLC, aTexas limited Habilityo company 1333 Corporatel Drive, Suite 270 Irving, Texas 75038 This certification is made to the Title Company, its title insurance underwriter, and the Ionder (ifany), as an inducement to them toc complete the nbove referenced transaclion, and renlize that the above! persons or entities aro relying upon the representations contained! herein, Ihereby swear under thep penalties ofperjury thatt the foregoingi information is truc and correct int alh respects, to the best ofmyk knowledge and boljef. Executedt thist ted3 day of d VGC Gunter, LLC, a Texas limited liability company a 1Du Q Riglr o By: NagaRfjitha Banderu, Manager ALLEGIANCE TITLE COMPANY SELLER CLOSING. AFFIDAVIT GFI; 21121193A-ALPL Seller: Giri Sarnnu Property: 6691 Masscy Rd, Gunter, TX 75058 Title Company: Allegiance Tille Company THESTATEOFTEXAS ) COUNTY OF COLLIN BEFOREI ME, the indorsigned muthority, on this personally appeared Giri Saranu, personally known to me or proven to me through identification tol be the) person whose name y subscribed hercto and upon oath, deposes and: saysthat: By initialing one or morc oft the following items as may be mppropriate for this transaction, I acknowledge my understanding of the disclosures being made by Tide Company, and I nffimm the representations I am making as indicated below. Each such disclosure or representation may jointly benefit the Title Company, ils title insurnce underwriler, and the Buyer in the transaction, Singular reference to "," "Affinnt," "the undersigned," and/or "Seller" may include multiple individunislentities identified above as "Seller." ( - PROPERTY TAX PRORATIONS (Initials) I acknowledge that property taxes for the current year have been proraled between the Seller and the Buyer based on the following figures: Assessment: $0.00 City: $0.00 County: $86.94 School: $0.00 Ihercby consent to the taxes being prorated an the nbove amounts and understand that, should the actual tax figures fort the year prorated vary from the amounts stated above, any appropriate adjustments willl bel handled directly! between Buycr and Seller, and that neither Title Company, the lender (if any), nor the real estate pgent(s) (if any) shall have any responsibilivy with regard thereto. I understand that ifthe above faxes are subjectt to an exemption thatIn may transfer to other property during the current lax year, andId decide to transfer such cxemptions, Imay owe Buyer additional taxes for my promtedp portion ofthe increased taxes as a result ofremoval ofthe exemptions. Irecognize that it isr my responsibility top pay all laxes that havo accrued or may be assessed to the Property for the time pariods prior to the date of closing. including any additional taxes assessed for periods prior to closing dus to the removal of an exemption, a5 well: As assessments for changesi in use or ownership ofthel Property thato occurredp ipriort to referred to as "rollback taxes"). Shonld assessments other than those collectod at closing be or becomc duc for closing periods (oflen prior to closing (except for those rollback laxes assessed duc to a change ini use by) Buyer or Buyer'ss successors upon or after closing), Iagree that, upont notification, Ishall either paysuch amounts tot the taxing authorities or reimbuse any party who pays such amounts. Seller Closing Affidavit Page 1 CS 2.MARITAL STATUS (Initials) Atthey present time, my maritals slatus is: wawded Thisi ist to certify that myr marital slalus (CHECK ONE): has not chenged since the datel acquired the) Property OR hast changeds sincet thc datel I ncquired tho Property as follows: Thel Property is (CHECK ONE): HOMESTEAD X NOTHOMESTEAD Ifthe) Property is NOTH homestead, myl homestend address is: N/A 3.LIEN PAYOFF AMOUNTS (Initials) Acknowledgment Ihave been advised by Title Company that all information regarding existing loans affècting the Property lonn balance, reserve account information, late charges, interest due, etc.) Was provided by lenders and/or their (-B, and that Tile Company does no! guarantec the accuracy or compleleness ofthis information. agents Iunderstand that until Ionn funding, no existing loans will be paid and that interest on any such loans will continue to accumulate. I understand that, in the case of a payoff of an existing loan, Title Company will act in good faith to information provided, but Title Company makes no representation that additional funds will not be according for full. the satisfaction ofthe loan. required Agreements and Indemnity Iagreet to save and hold harmless Title Company and its underwriters from mny liability arising under and as a1 result of any discrepancies in any Information regarding existing Ioans ands specifically agree: o To immedintely and unconditionally, upon notification (whether written or oral), deposit with Title any: additional funds demanded by lenderiservicert to satisfy and release the ckisting loan(s). Company To reimburse Title Company for any finds advanced to satisfy and relcase thc lien oft the above referenced loan(s) in the event ofafailure to comply with the abovep paragraph inat timely manner. o To Pay damages, court costs, attomey's fees and expenses incurred by Title Company in enforcing this agreement and obtaining the release document from the lienholder ofrecord. o That the terms oft this agreement supersedo any escrow, contract or title commitmentipalicy duties owed Title Company to the undersigned, but only to the extent that those are inconsistent or rcontradictory. by N/A 4.1 HOMEOWNER'S ASSOCATONASESMENTS (Initials) Irepresent and warrant that proporty ownors' association or condominium associotion asscssments for the Property are current and thatt there arer no assessments that arep past due, oS 5. DOCUMENT CORRECTION AGREEMENT (Initials) Int thec event that any ofthe documents preparedin connection with tho closing ofthis transaction contain errors which misstate or inacourately, reflect the true and correct lerms, conditions and provisions oft this closing, whether due to clerical error or mistake ont the part ofthe Seller, the Buyer, the Title Company and/ort thol lender, Iagreet lo execute, in a timely fashion, such correction documents as the Title Company may deem necessary to remedys such innccuracy or misstatement. EA 6. AFFILIATED BUSINESS ARRANGEMENT (Initials) ISCI OSUR B STATEMENT NOTICE TO SELLER lacknowledge reccipt of notice that Title Company has a business relationship with Taxinfo, LLC, Executive Notary Scrvices, LLC, and) Dawn Enoch Moore, P.C. (collectively refèrred to as "Affilites"), 15770 N. Dallas Parkway, Suite 300, Texas 75248, and that Titlo Company is referring met toy purchase settlement services therefrom. Title Company Dallas, obtains tax certificates and mobilc notary services from Alfliates. The charge for these settlement services is paid by routinely the to the transaction; that charge is collected by Title Company at closing and paid by Title Company to Affiliates. Tile partics routinely uses Dawn Enoch) Moore, P.C, for preparation of the legal documents for transactions, and all fees charged Compmny by the document preparation provider are set and controlled by the proyider and paid directly tot them from the escrow related lo the transaction, Tho ownero ofTille Company, Dawn E, Moore, is and owner in the Affliates, Because ofthis the referral ofbusiness to Affilintes by Title Company may provide Title Company with n financial or other benefit. relationship, 11 have read this disclosure and understand fhat Title Company is referring me to usc the above-described companies nnd reccives ai financial orother! benefit as the result ofthisr referal. may Title Company) has provided the estimated charge or range ofc charges for the settlement services listed: Taxinfo, LLC. Range ofEstimated charges: $59.80-$79.80 Executivel Nolary Services) LLC Range ofEstimated charges: $I25.00-S S175.00 Dawn EnochMoore, P.C. Range ofEstimated charges: $(depends on docs) IUNDERSTAND THAT: i)I I AM NOT REQUIRED TO USE THE LISTED PROVIDER(S) AS A CONDITION. FOR THE PURCHASE, SALE OR REFINANCE OF THE SUBJECT PROPERTY, li) THERE ARE FREQUENTLY OTHER SETTLEMENT SERVICE PROVIDERS AVAILABLE WITH SIMILAR SERVICES, AND ini) I AM FREE AROUND TO DETERMINE THAT I AM RECEIVING THE BEST SERVICES AND THE BEST RATE FOR TO THESE SHOP SERVICES. This affidavit is madc to the Tide Company and its title insurance underwriter as an inducement to them to complete the above referenced transaction, andI realize that the above persons or entities are relying the representations contained hercin. I hereby swear under the penaltics ofp perjury that the foregoing information is true and upon correct in all respects, to the best ofr my knowleige andl belief. Executedt this the/ - day of 20fA Ginlau Giri Saranu SWORN TO AND SUBSCRIBED BEFORE) ME ont this, lay ) by. GiriSaranu. ( I 1 / A hoy APALRGROCKER NOTARYPUBLIC,S STATEC OF1 TEXAS! NOTARYI PUBLIC STATE OF TEXAS MYCOMME EXRO 07/102023 NOTARYID1 10850084 AFFIDAVIT. AS TO DEBTS AND LIENS AND PARTIES IN POSSESSION GF#:: 21121193A-ALPL SUBJECT PROPERTY: 52.93Acres, John Jennings, No. 645, Grayson Counly BUYER: VGC Gunterl LLC, a Texas limited llabilly company THES STATE OF TEXAS COUNTYOF COLLIN be the BEFORE ME, the undersigned authority, on this day, personally appeared Glris Saranu personally known person whose name Is subscribed hereto and upon oath, deposes and says: tor me to 1. THAT, to thel best knowledge and bellef of Affiant: a. The charges for all! labor and malerials that may havel been furnished to the subject or to the improvements thereon have beent fully paid; property b, All contracis for the furnishing of labor or materials to the subject property or Improvements thereon have been completed and fully pald; C. There are no securily agreements or leases affecling any goods or chattels that have that will at any later dale become attached, to the subject land or thereon become as attached, or have not beent fully performed and satisfied, exceptt the following: Improvements fixtures that SecuredParty ApproximateAmount d JInlials d. There are no loans of any kind on the subject property exceptt the following: Creditor Approximate Amountl CS Appears tol be free of any liens Inllials 2. THAT there are. no proceedings, or notices of any proceedings, bya anya agency or public levles taxes or assessments, which may resulti int taxes ora assessments affecting authorly, the orp private, that arer nots shown by the public records. subject property and which 3. THERE are no Judgments, Federal Tax Liens, or State Tax Liens against Affiant andlor subject property. 4. THAT, a, Allady valorem and personal property laxes (ifany), all"uses" type business taxes (ifany), and ssochatiomimaintenamcet typet taxes or assessments (fa any) that are currently due and have pald orv willl be paid at closing and are shown on the settlements statements. payable been b, Any oft the: above referenced taxes which arei the obligation of the Affiant, buty which are due and payable, have been prorated on the seltlements statements basedo on the best informatlon notyeto time, Afflanta agrees, within 30 days ofr receipto oft nesuchatwimaheane statements avallable from the various at this sronsdhiomnsantemanen authoritles, to adjust, In cash with thel buyer, any and actual assuihmiommahemamo. prorations to coincide with actual taxeslassessments: assessed against the subjectp property. 5. THAT the only occupants of thel land are the undersigned Selleril.essor/Owner. Ifother than explain interest held: SellerlLesso/Owner, NONET Jlnillascs 6. THAT there are no unrecorded contracts, deeds, mortgages, mechanic's liens, leases, or oplions the subject property or improvements thereon; except: atf follows: affecling ( NONE )Initials Dx6ug N Lose THIS-affidavit! Is made to the Buyer and/ lorl Lender and to Alleglance Tille Company, as an inducement tot them to complete the: above referenced transaclion, and Affiantr reallzes that sald Buyer and orl Lender and/ Alleglance Title Company aret relylng upon the representations confalned herein; and affiant does hereby swear under tha penalles of parjury that the foregoing Information Isi true and correct in all respects, to the best knowledge and bellef of Affiant Execuled this the A day of July, 2021. 5e nNayen Giri Saranu THE STATEOF TEXAS S COUNTY OF COLLIN S Swom to: and subscribed before me this 83 day 2924. by Giris Saranu PBLACHDCKER ABar PoNPRGREET MYCOHM.E EXP.0 0710203 TEXAS! NOTARYPUBLICI STATE OF TÉXAS NOTARYID1 10850084, (SEAL) THE STATE OF TEXAS 5 COUNTY OF COLLIN S 27 - Thisi instrument was acknowledged before me ont thisc / dayo of ( dloy GliSaranu EECDOCSELERAD APRIRCROCKER NORYPUBLG.STATEGFT TEXAS oaher MYCOHM.E EXP.07/102023 NOTARY PUBLIC STATE OF TEXAS NOTARYID 1085006-4 (SEAL) 21121193A-ALPL Affidevil as foDebls and Lions Bledsoe Road - sunvey EK- Lagend: Bearing Base: Grid North, B y 85 NADB3 Texos Stote Plane sei prdaster Coordinate System, North - a B E a ESEIN Central Zone, as derived Samnyar Susen g5 Joahug Lee Re and by survey-grode Global MBA KeNg R Vei BRCCL 636 vabEs 345 int. Positioning System. OPRGC: le 6 37 a Lg - Bt s E YE sal F 5570 vire fence NB9'0731E 1015.86' 1/2" reber fouad I Lo! 46 L a - : 3 a u 1/2 : Greg F. 1 9 il Basa Ey 6 B .0S AErs Joi 5 I L9 1 al OPRIC 7, 215 CD H= E 3 John Jennings Survey pots 1/2" ebor ' und 305. a7 L E Abatract No. 645 a Grayson S D County, Texas #= = a k E 1 d L Vel. c: 336 - 52.930 V2 rescr lound svy NB9'09'05'E 637.1 13' pPgu i/2 rebor lound Scole: Lot Acres Mini EEUiCT linto 50 - Pg PP , wie - lence lrect fne 501'04'23"E 1"=300' . ac grent drive- 3 189.91' ee en bel! nt and S0104'21"E SBgr05'30W 465.00'9 Varcsie h Krase IRA al. - relerensed 195.00 E Lol 6 51 5! aler (lenesy art ol E E nell & NB9 "05'30"E 465.00 Eteter 10.00 - - sw bint ppng wire lense An 10* vide EOrement in Vel. o 1217, Gun Pg. er et 555 Lot house E ren tné Dis LLC Suppy Corp 52 $01'04'23"E wire fensa, OPA.C.CT. 220,16' F = = E penal - PIIS a 1/2" reber Tente w $89'06'14W 669.11 teber Lot found o: 37734" r leuns 53 he E - 8 30" = E LLC 5 E C43 - Vel. CAL Bos 5t 9. 5 1 - OPRG.C. b 5 E spile nol lound x. 5 d Inst. lizzo l 8e af E E = veierensed harcon) Eubcis an/uec! line. dire tense P.O.B. S89'1 15'37'W 979.64" 1R fapi 1/2" leser lourc 49.2 Bondy A Va Certificalion- Ensement 1) Eh losalion shown heraon, of thot certoin 30 ft. wide ulility eosemert lo Greyson Collin Electric Cooperotire in Vol, 2471, Pg. E83, R.F.R.G.C.I. DOES AFFECT the subject 2) The The locatien locotion ecsement "blankel" easement lo Gunler lo Water Gunter Supply Water Corparotion Supply Corporction in 1215, Pg.: 237, D.R.G.C.I. DOES AFFECT the subject propery The localiono E "blanket" ensemen! Collin Electric Vol, 1217, in 555, D.RG.CI. DOES AFFECT tha and hereon. 5) Vol. 5600, E The locotion of "blanket" easement lo Spaciol Ueily District 64, O.P.R.G.C.T. AFFECF subjeet properly. AN E In Vol. 5674, DOES Pg. 416, dsR AFTECT the subjectp property. Owner for 45,01 Acres: This fer the benefl of the Owners Stateu Epic Estates, LLC & Sri Devi Yerromsetty hercon null and lor any other Owner for remainder of 10.00 Acres: undersigried use of this sUrVEy Hithoutthe wil Epic Estates, LLC & Quest IRA, Inc. state and lederct copyright nffinge upon cl E Buyer: Giri Saranu soid stolutes wil: be oggressively pursuec. Any viclotlon Address: 669 Massey Road, Gunter, Texas the 1, ground Kote A. of Wagner, the Registered Professlondl Lond Surveyor, do hereby certify that a survey was performed OR property shown hereinabove and that this survey complies with the current Professional Surveyors Manuol of Proctice for a Cotegory Condition TSPS Lond Texos Societly true and correct represenlation of the property shown horeon 140 the best 4, of Title ond Survey and is a Field Notes ottached herevith. my knowledge belief. See Hozard The subject as property shown hereon does lie within the limits of a designated Zone "x", Flood shown on the "FEMA" Flood Insuronce Rote Mop for 500-year 48181C0525 Revised Dote: September 29, 2010, Grayson County, Texas, Mop No. 6) & Job No. BGG400621 KATE A WAGNER" D Helvey-Wagner Surveying, Inc, 6578 222 W. Moin Denison, Texos 75020 Phone sad 5 463-6191 S Email: achyaN "Rote A Wagn SRVST S. No. 6578 TBPELS Firm Registration No. 10088100 CopprighNebi/Aune 11, 2021 Z49une Pnpallene Prdi Vhmturmpeat S0K51-- ayna taya: 11417-P11 M Dite s 1 217 Tmt 125 a - 3 - - B 0 EXHIBIT E RECEIVED SEP 11 2024 DaakeLaw The Law Offices of Robert D. Daake PLLC September 9, 2024 Submitted via Certified Letter to the. Director of1 Planning & Development, City ofGunter, Texas, with copies to the. Mayor, City Secretary, and City. Attorney Mr. Eric Wilhite, AICP, RLA Director of] Planning & Development 105 N. 4th Street P.O. Box 349 Gunter, TX 75058 Re: Letter of Submittal for. Landowner Petition Requesting Removal from ETJ for Approximately 61- Acres, Grayson County, located north ofStiff Chapel. Road, east ofScharfFRoad, and west ofold Scaggs School Road, and as Recorded in Grayson County Deed Records Warranty Deed Instrument No. 2020-4284 (the "Subject Property"2 Dear Mr. Wilhite: This This letter of submittal is for a Landowner Petition petitioning removal from the City of Gunter ETJ for an approximately 61.00-acre tract of land situated in the Robert Mason Survey, Abstract Number 784, Grayson County, Texas. Texas. The Subject Property, generally located north of Stiff Chapel Road, east of Scharff Road, and west of Old Scaggs School Road, and being commonly known as 1499 Stiff Chapel Road, Gunter, TX, is recorded in the Grayson County Deed Records Warranty Deed Instrument No. 2020-4284. Specifically, Mr. Gary Z. Harris and Ms. Kathryn Harris, A/K/A Beverly K. Harris, husband and wife ("Owner"), being more than 50 percent ofthe registered voters ofthe area described by the petition as oft the date of the preceding uniform election date and being a majority in value of the holders of title of land in the area described by the petition, are submitting a Landowner Petition (the "Petition") under Subchapter D, Release of Area by Petition of Landowner or Resident from Extraterritorial Jurisdiction. The Petition requests removal from the City ofGunter ETJ, and the Petition is consistent with Senate Bill No. 2038 ("SB 2038") which became effective on September 1, 2023. Please note the Owners' voter registration cards are submitted as Exhibit B of the Petition. Mr. Gary Z. Harris and Ms. Kathryn Harris, A/K/A Beverly K. Harris voter registration numbers, 1025373546 and 1025374269, respectively, can be verified by their voter registration cards. Should you have questions or require additional information, please do not hesitate to contact me at (469) 469-989-7265 or at rob@dake-law.com. Thank you. Very truly yours, THE LAW OFFICES OF ROBERT D. DAAKE, PLLC Robert D. Daake, P.E. Thel Law Offices of Robert D. Daake, PLLC. Rob Daake, President 3221 W. Walnut Street, Suite 210, Celina, TX: 75009 rob@daake-aw.com DaakeLaw The Law Offices of Robert D. Daake PLLC Attachments: Landowner. Petition Requesting Removal From. ETJ (signed 9/9/2024) Property. Deed. Signed and. Dated February 6, 2020 (Instrument Number: 2020-4284) Subject Property Location. Map (dated 9/9/24) Cc: Ms. Karen Souther, Mayor Ms. Detra Gaines, Director of Administration/City Secretary Ms. Courtney Morris, City Attorney The Law Offices of Robert D. Daake, PLLC. Rob Daake, President 3221 W. Walnut Street, Suite 210, Celina, TX 75009 rob@daake-law.com LANDOWNER PETITION REQUESTING REMOVAL FROM ETJ (the "Petition") TO THE MAYOR AND CITY COUNCIL OF THE CITY OF GUNTER, TEXAS: A. The undersigned Dr. Gary Z. Harris and Kathryn Harris, A/K/A Beverly K. Harris, husband and wife ("Land Owner") hereby petitions the City Council of the City of Gunter, Texas, a home rule municipality (the "City"), to remove from the City's Extraterritorial Jurisdiction ("ETJ") the tract of land being a 61.00 acre tract of land situated in the Robert Mason Survey, Abstract Number 784, County of Grayson County, Texas, and being more specifically described by metes arid bounds of such territory in the attached Exhibit A which are incorporated herein by reference for all purposes (the "Removed Tract"), the undersigned Land Owner being more than 50 percent of the registered voters of the area described by the petition as ofthe date ofthe preceding uniform election date and being a majority in value of the holders of title of land in the area described by the petition. B. The Petition is authorized pursuant to Chapter 42, Texas Local Government Code ("LGC"). C. Landowner certifies: a. The Landowner is the owner or owners ofthe majority in value of an area consisting of one or more parcels of land in a municipality's extraterritorial jurisdiction and may file a petition with the municipality in accordance with this subchapter for the area to be released from the extraterritorial jurisdiction. b. The Removed Tract: i. is not within five miles ofthe boundary of a military base, as defined by LGC Section 43.0117, at which an active training program is conducted; ii. is not in an area that was voluntarily annexed into the extraterritorial jurisdiction that is (A) located in a county in which the population grew by more than 50 percent from the previous federal decennial census in the federal decennial census conducted in 2020 and (B) that has aj population greater than 240,000; ii. is not within the portion ofthe extraterritorial jurisdiction of a municipality with a population of more than 1.4 million that is (A) within 15 miles ofthe boundary of a military base, as defined by LGC Section 43.0117, at which an active training program is conducted; and (B) in a county with a population of more than two million; iv. is not in an area designated as an industrial district under LGC Section 42.044; and V. is not in an area subject to a strategic partnership agreement entered into under LGC Section 43.0751. C. The Petition meets the requirements ofLGC Section 42.104: i. The petition requesting release under this subchapter has been signed by (1) more than 50 percent of the registered voters ofi the area described by the petition as of the date of the preceding uniform election date or (2) a majority in value of the holders of title of] land in the area described by the petition, as indicated by the tax rolls of the applicable central appraisal district. ii. The person filing a petition under this subchapter has satisfied the signature requirement described by Subsection (a) not later than the 180th day after the date the first signature for the petition was obtained. iii. All signatures collected under this section are in writing. iv. The petition does include a map ofthe land to be released and describes the boundaries of the land to be released by (1) metes and bounds or (2) lot and block number, ifthere is a recorded map or plat. D. The Land Owner voter registration cards are hereby attached in Exhibit B. E. This petition is signed and duly acknowledged by Landowner, which is the sole party having a fee ownership interest in the Removed Tract. SIGNATURES TO FOLLOW ON NEXT PAGE] Exhibit A LEGAL DESCRIPTION All that certain tract or parcel of land situated in the Robert Mason Survey, Abstract Number 784. County of Grayson, State ofTexas: said tract being part of a called 61.000 Acre tract as described in Deed to Tommy Reed et ux. Deana Reed. Filed 02 May 1994, and Recorded in Volume 2334 Page 763 ofthe Deed Records of the County of Grayson, State of Texas, and more being fully described as follows: BEGINNING for the southeast corner of the tract being described herein at 9 found 1/2 inch Rebar, said Rebar being the southeast corner of said Reed Tract and the southwest corner of 0 called 121.63 Acre tract as shown by Deed to Maragret Ann Jaresh Klecka et al, and Recorded in Volume 1251 Page 172 of said Deed Records, said rebar also being in Stiff Chapel road (an asphalt surfaced county road): THENCE: North 89 degrees 22 minutes 31 seconds West, with the south line of said Reed and with said road. a distance of 987.56 feet to a set 1/2 inch Steel Square tubing for the Tract, southeast corner of said Reed Tract: THENCE: North 0 Degrees 35 Minutes 52 Seconds East, and passing on the north side or said Road a Set 1/2 Inch Steel Square tubing, and continuing on said course for a Total distance of 2693.16 feet to a set 1/2 inch Steel Square Tubing for the northwest corner of said Reed Tract, and on the south line of a called 200 acre Tract as described in Deed to Fred D. Holt I. et ux. Karen A. Holt, filed 06 October 1993, and recorded in Volume 2298 Page 469 of said Deed Records: THENCE: South 89 Degrees 04 Minutes 5 Seconds East, with the North line of said Reed Tract, and the south Line of said Holt tract, and with a barbed wire fence, a distance of987.58 feet to a found 1/2 inch Rebar by a wood fence corner post for the northeast corner of said Reed Tract. some being the northwest corner of said Klecka tract: THENCE: South 00 degrees 35 minutes 52 seconds West, and passing of 2659.90 feet a wood fence corner post on the North line of said road, and continuing on said course for a total distance of2688.10 feel to the POINT OF BEGINNING and containing 61.00 Acres of land. By: Gary Z. Harris C 31 Name: Garvz. Harris STATE OF TEXAS COUNTY OF Grauyon This instrument was acknowledged before me on theç day of by Z. Harris, known epkembap2024. Gary to me to be the person who executed this agreement in the capacity and for the purposes therein stated. DAu - Booo DEDRA J. BATES Notary PublicState of Texas Notary Public, State of Texas Comm. Expires 12-17-2024 Notary ID 1053781-3 Doos srbon 1,204 My Commission Expires [SEAL] - - - Name: hry Harris, AKA Beverly K. Harris STATE OF TEXAS COUNTY OF Grayson This instrument was acknowledged before me on the Qh day offepuroec 2024. by Kathryn Harris, A/K/A Beverly K. Harris, known to me to be the person who executed this agreement in the capacity and for the purposes therein stated. aOs 9R55 - DEDRA J. BATES Notary Public,State of Texas Notary Public, State of Texas Comm, Expires 12-17-2024 - Notary ID 1053781-3 A 1,2024 My Commission Expires [SEAL] Exhibit B VOTER REGISTRATION CARDS 15 d SELerTNG jegbu VARIS a tt S - Figats T s 7 PAID Pamtet 103A a Apiog M48514) RETURN SERVICE REQUESTED i 115,74540 TL PI "AUTO-S DIGIT 73 17: GARY ZANEH HARKIS POBOXE 819 GUNTER TX 75058-0919 Ml CEcnnr Sates 1 5 Gr 3 12994 :. sus tsiChass USF Pist oy as EF E San Achna T NASI RETURN! SERVICE REQUESTED e 5) P1 : AUTO"SDIGIT 78240 A21a PAY YH KATHRYNH HARRIS 1499STIFF RD PILOTF POINT S 76258- 5219 ln I hlng! Grayson County Wilma Bush County Clerk Sherman, TX 75090 Instrument Number: 2020 - 4284 ERecordings-RP Recorded On: February 20, 2020 11:05 AM Number of Pages: 4 Parties: HARRIS GARY Z * Examined and Charged as Follows: FE Total Recording: $24.00 **** ** ** THIS PAGE IS PART OF THE INSTRUMENT Any provision herein which restricts the Sale, Rental or use of the described Document because of color or race is invalid and unenforceable under federal law. File Information: Record and Return To: Document Number: 4284 Simplifile Receipt Number: 20200220000031 Recorded Date/Time: February 20, 2020 11:05 AM User: Shannon B Station: CLERK06 STATE OF TEXAS COUNTY OF GRAYSON I hereby certify that this Instrument was FILED In the File Number sequence on the date/time printed hereon, and was duly RECORDED in the Official Records of Grayson County, Texas. Wilma Bush * County Clerk Grayson County, TX 2020 - 4284 NOTICE OF CONFIDENTIALITY. RIGHTS: IF YOU ARE. ANATURAL 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. GENERAL WARRANTY DEED Date: February 6, 2020 Grantor: Gary Z. Harris and Kathryn Harris, A/K/A Beverly K. Harris, husband and wife Grantee: Gary Z. Harris and Beverly K. Harris, husband and wife, as, joint tenants with the right of survivorship Grantee's Mailing Address: 1499 STIFF CHAPEL RD., Pilot Point, TX 76258 Consideration: In and for the sum $0.00 (Zero Dollars and Zero Cents) and other good and valuable consideration, the receipt of which is hereby acknowledged. LEGAL DESCRIPTION OF THE PROPERTY All that certain tract or parcel of land situated in the Robert Mason Survey, Abstract Number 784. County of Grayson, State of Texas: said tract being part of a called 61.000 Acre tract as described in Deed to Tommy Reed et ux, Deana Reed. Filed 02 May 1994, and Recorded in Volume 2334 Page 763 of the Deed Records of the County of Grayson, State of Texas, and being more fully described as follows: BEGINNING for the southeast corner of the tract being described herein at 9 found 1/2 inch Rebar, said Rebar being the southeast corner of said Reed Tract and the southwest corner of o called 121.63 Acre tract as shown by Deed to Maragret Ann Jaresh Klecka et al, and Recorded in Volume 1251 Page 172 of said Deed Records, said rebar also being in Stiff Chapel road (an asphalt surfaced county road): THENCE: North 89 degrees 22 minutes 31 seconds West, with the south line ofs said Reed Tract, and withs said road. a distance of987.56 feet to a set 1/2 inch Steel Square tubing for the corner of said Reed Tract: southegst Page 1 of3 2020 4284 THENCE: North 00 Degrees 35 Minutes 52 Seconds East, and passing on the north side or said Road a Set 1/2 Inch Steel Square tubing, and continuing on said course for 0 Total distance of 2693.16 feet to a set 1/2 inch Steel Square Tubing for the northwest corner of said Reed and on the south line of a called 200 acre Tract as described in Deed to Fred D. Holt III, Tract, et Karen A. Holt, filed 06 October 1993, and recorded in Volume 2298 Page 469 of said Deed ux. Records: THENCE: South 89 Degrees 04 Minutes 55 Seconds East, with the North line of said Reed Tract, and the south Line of said Holt tract, and with a barbed wire fence, a distance of 987.58 feet to a found 1/2 inch Rebar by A wood fence corner post for the northeast corner ofs said Reed Tract, some being the northwest corner of said Klecka tract: THENCE: South 00 degrees 35 minutes 52 seconds West, and passing of 2659.90 feet a wood fence corner post on thel North line of said road, and continuing on said course: for a total distance of 2688.10 feel to the POINT OF BEGINNING and containing 61.00 Acres of land. NOTE: The Company does not represent the above referenced acreage or square calculations are correct. footage Reservations from Conveyance: NONE Exceptions to Conveyance and Warranty: 1. All valid and subsisting easements, restrictions, rights of way, conditions, exceptions and reservations and covenants of whatsoever nature of record, if any, and also to the zoning laws and other restrictions, regulations, ordinances and statutes of municipal or other governmental authorities applicable to and enforceable against the herein described real Property. 2. Any prior reservation of oil, gas and other minerals in, on or under the herein described Property by Grantor's predecessors in title together with any leases pertaining to such interest. Grantor, for the Consideration and: subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty grants, sells, and conveys to Grantee the Property, together with all ands singularther rights and appurtenances theretoinany wise belonging, to have and to hold it to Grantee, Grantee's heirs, executors, administrators, suçcessors, or forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, successors, assigns and assigns to warrant and forever defend all and singular the Property unto Grantee and Grantee's heirs, executors, administrators, successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the Reservations from Conveyance and thel Exceptions to Conveyancea and Warranty contained herein. The purpose of this Deed is to: Vest Title in Gary Z. Harris and Beverly K. Harris Page 2of3 2020 4284 Whenke context requires, singular nouns and pronouns include the plural. - ohboki AKH Gary Z.Harris Buesehh Kathryn Harris, A/K/A Beverly K. Harris STATE OF Texas COUNTY OF COLLIN This instrument was acknowledged before me on the 6th day of February 2020 by Gary Z. Harris and Kathryn Harris, A/K/A Beverly K. Harris. BETTY COSGROVE Notary ID# 531900-5 hey Lbagene My Commission Expires March 1, 2023 Notary Public, State of Texas My Commission Expires: 3-1-2023 This instrument prepared by: Jay A. Rosenberg, Esq., Texas Bar Number 24094479, Rosenberg LPA, Attorneys 3805 Edwards Road, Suite 550, Cincinnati, Ohio 45209 (513). 247-9605 Fax: (866) 611-0170. AtLaw, TEXAS Page 3 of 3 r - - GHEHWVHOS D 3 GADSCAEGCROOUEP, EXHIBIT F RECEIVED PETITION FOR RELEASE FROM MAY - 7 2025 THE EXTRATERRITORIAL JURISDICTION ("ETJ") OF THE CITY OF GUNTER, TEXAS BY SIGNING THIS PETITION, THE UNDERSIGNED DECLARE THAT THE UNDERSIGNED ARE RESIDENTS IN THE GUNTER ETJ REQUESTING RELEASE FROM THE GUNTER ETJ. The undersigned constitute a majority in value of the holders of title of land in the area described by this petition, as indicated by the tax rolls oft the Grayson Central Appraisal District. In fact, the undersigned collectively own fee simple title to 100% of the land described by this petition. Pursuant to the procedures set forth in Chapter 42 of the Texas Local Government Code, the following items are included with this Petition: 1. Survey of the land to be released (see attached Exhibit A); and 2. Legal description of the land to be released (see attached Exhibit B) The undersigned understand and acknowledge that all petitions requesting release from the Gunter ETJ are subject to the requirements of Chapter 42 of the Texas Local Government Code and Chapter 277 of the Election Code. Bp70 Badrlebs Name: Ranay GenéNelson Name: Brenda Jane Nelson Date of Birth: Date of Birth: Property Address: 998 Bledsoe Rd Property Address: 998 Bledsoe Rd Gunter, Texas 75058 Gunter, Texas 75058 5/7/2025 05/07/2025 4255905 EXHIBIT A Map of the land to be released. Doprlat ms Cexlanss Sanw,ng C 0 PEPAERS CRE - F A s i - &. r a E 4 af 3 BE - 2 BP E i (a52) JSBEE M AZpazO N E Fi E E E : E : - : 5 ERT : a 5 : B g 3 7' 1; EN E - H E E I de & : E s EET - E. : 2 E E 88 5 8 - a E n - R - : - 5 I - E I 3 - € - 5 a - TLE I 25 A E5 $ IE FFI s 2 Hri EE - PATI i I EI I 3 F E DF 3 Bi BE E i Etgi B 4 IZ E - 2 i: 1 Bin EI Rt & A I E (OEH) osbr E - 3IeE5 2 5 - I B a E 3 - 8 I S N 3 9 : € : I 8 1E y 8 E A E EFIET I L 8: E I 1 I I A - N M - E E 3 3 3 8 - hA I As W I n - I E 1 f E - : - 3 = - i 8 5 - - do % LE E Bs # I A - I y :: a E B 8 a I 3 A e 5 * E - a * a Roi e. #. R A B € # EE I € e I - I M A 2 " B I a B I S E L E I B S E 3 & - R 1 I R S E - 11 I 1 I RR E E I 7 5 I 6 & I I 4E a - 1 - E - - I 8 Fi a : I E E B - 1 I I I 3 F E I I M 85 I i 4 I 3 I E I T i 6 I A Fr MI EAEL I L I 4255905 EXHIBIT A Map oft the land to be released BLEDSOE RD) FM121 tnS FM121 4255905 EXHIBIT B Legal description of the land to be released G-0999 Duggan Thomas H. A-G0333, Acres 10.0 4255905 EXHIBIT B Legal description oft the land to be released All that certain tract or parcel ofland situated ini the Thomas H. Duggan Survey, Abstract Number 333, County ofGrayson, State ofTexas, said tract being all of a called 10 acre tract as described in Deed to Randy G.) Nelson et ux Brenda Nelson, filed 25 September 1980, and Recorded in Volume 15301 Page 530 oft the Deed] Records ofthe County of Grayson, State ofTexas, also known as 998 Bledsoe Road, and being more: fully described as follows: Beginning for the northern most northwest corner ofthe tract being described herein at al Found PK Nail, said nail being the northern most northwest corner of said Nelson tract, and the northeast corner ofa a tract as described in Deed to Gunter Water, filed 29 December 2003 and Recorded in Volume 3594 Page 756 of saod Deed Records, said nail also being on the south line of a tract as described in Deed to Corlile Enterprises LLC, filed 14. July 2006, Recorded in Volume 4086 Page 736 of said Deed Records, also being in Bledsoe Road (an Asphalt surfaced Public Road); Thence: North 88 degrees 11 minutes 07 seconds East, with the north line ofNelson tract, and in Bledsoe Road, and passing at 558.05 feet a Found Nail for the southeast comer of said Corlile tract, said nail also being the southwest comer of a tract as described in Deed to Norniella Properties LLC, filed 201 March 2019, and Recorded at] Instrument Number 2019-5972 of said Deed Records and continuing on said course for a total distance of 866.50 feet to a Found % Inch Steel Rebar for the northeast corner of said Nelson tract, said rebar also being the northwest corner ofthe Maples Ranch Addition, filed 31 March 1998 and Recorded in Volume 11 Page 43 of the Plat Records of Grayson Çounty, Texas; X Thence: South 02 degrees 01 minutes 09 seconds East, with the east line of said Nelson tract, and passing at 30.00 feet the northwest comer ofI Lot 1 ofs said Maples Ranch Addition same being the northwest corner as described in Deed to Bruno Leandro Da Silva et ux Elizabeth McMain, filed 23 June 2023 and Recorded at Instrument Number 2023-16490 of said Deed Records, and continuing on said course for at total distance of448.50 feet to al Found % Inch Steel Rebar by al Pipel Fence Corner Post for the southeast corner ofsaid Nelson tract, said rebar also being the southwest corner of said Da Silva tract and the southwest comer of said Lot 1, said: rebar also being on the north line of a tract as described in Deed to Black Irish Properties LLC, filed 27 July 2022 and Recorded at Instrument Number 2022- 25739 ofs said Deed Records; Thence: South 88 degrees 14 minutes 04 seconds West, with the south line ofsaid Nelson tract, and the north line ofs said Black Irish tract, a distance of 1026.97 feet to a Pipe Fence Corner Post for the southwest corner ofs said Nelson tract, said post also being on the east line of at tract as described in Deed to Laural R. Glass, filed 06 May 2014, and Recorded: in Volume 5495 Page 714 of said Deed Records; Thence: North 02 degrees 00 minutes 27 seconds West, with the west line of said Nelson tract, and the east line ofsaid Glass tract, distance of298.57 feet to al Pipe Fence Corner Post for a corner ofs said Nelson tract, said post also being the southwest corner of said Gunter Water tract; Thence: North 88 degrees 101 minutes 59 seconds East, with ar north line ofs said Nelson tract, and the: south line ofsaid Gunter Water tract, distance of160.44 feet to a Chain Link Fence Corner Post for an "ell" corner ofs said) Nelson tract, said post also being the southeast comer ofs said Gunter Water tract; Thence: North 02 degrees 01 minutes 58 seconds West, with the west line of said Nelson tract, and the east line ofs said Gunter Water tract, distance of149.04 feet to feet to thel POINT OF BEGINNING and containing 10.014 acres ofland. 4255905 EXHIBIT G RECEIVED SEP - 3 2024 PETITION FOR RELEASE FROM THE EXTRATERRITORIAL JURISDICTION ("ETJ") OF THE CITY OF GUNTER, TEXAS BY SIGNING THIS PETITION, THE UNDERSIGNED DECLARE THAT THE UNDERSIGNED ARE RESIDENTS IN THE GUNTER ETJ REQUESTING RELEASE FROM THE GUNTER ETJ. The undersigned constitute a majority in value of the holders of title ofland in the area described by this petition, as indicated by the tax rolls oft the Grayson Central Appraisal District. In fact, the undersigned collectively own fee simple title to 100% of the land described by this petition. Pursuant to the procedures set forth in Chapter 42 of the Texas Local Government Code, the following items are included with this Petition: 1. Map of the land to be released (see attached Exhibit A); and 2. Legal description of the land to be released (see attached Exhibit B) The undersigned understand and acknowledge that all petitions requesting release from the Gunter ETJ are subject to the requirements of Chapter 42 of the Texas Local Government Code and Chapter 277 of the Election Code. PA Crheut Date of Execution: 8/26/24 Name: Andrew Penningtoh Date ofBirth: Property Address: Generally located at the NWC of Bound Road and Old Tioga Road, Gunter, TX Property Owner Address: . 4255905 EXHIBIT A Map of the land to be released II s 88'50'28" K 1580.05 - LONE SDR oS CER Racy AAGE 243 a - a o Nor our 1" so0 54.552 ACRES CALLED 120.085 ADAIS t isn - aacT. a k, A / s 89-28'17" W 772.00' & bg28'17" $ 394.36' S 01-24'19" W 40.62" us CuE A u uc AR SEK 2132 boc 3413 a t 317 LDND ER COAUNN ONAF OAF oVR VrA a AR san (! w ANN ape ARACL a AoF a ohseN I anct eyoN ADSNSE a SoN OAY NDs MARL A4 OE aF N ARNE mpva REL s 89128'17 W OLD TIOGA ROAD 423.17" EXHIBIT A 54.552 ACRES SURDUKAN SURVEYING, INC. ANDREW PENNINGTON PROPERTY A, E Bos H.L. DOUGLAS SURVEY, ABSTRACT NO. 366 (972) 924-8200 TOWN OF GUNTER ETJ TEXAS FIRM NO. 10069500 GRAYSON COUNTY, TEXAS SCALE F" * 300' GATE: JULY 18, 2024 SHEET 1 OF 2 JOB NO. 2023-171 4255905 EXHIBIT B Legal description of the land to be released LEGAL DESCRIPTION BEING a tract of land situated in the H.T.& B. Railroad Survey, Abstract No. 606 of Grayson County, Texas and in the H.L. Douglas Survey, Abstract No. 366 of Grayson County, Texas and being part of a called 129.095 acre tract ofland conveyed to Andrew Pennington as recorded in Instrument No. 2021-21572 oft the Official Records of Grayson County, Texas and being more particularly described in metes and bounds as follows; BEGINNING at a mag nail found at the southeast corner of said called 129.095 acre tract said nail being at the intersection of Bounds Road and Old Tioga Road; THENCE S 89°28'17" W with Old Tioga Road a distance of 423.17' to a point; THENCE N 01°24'19" E leaving Old Tioga Road a distance of 1297.50" to a point; THENCE S 89°28'17" W a distance of 772.00" to aj point; THENCE S 01°24'19" W a distance of 40.62" to a point; THENCE S 89°28'17" W a distance of394.36" to a point; THENCE N 01°48'21" E a distance of 1207.73" to aj point; THENCE S 88050'28" E a distance of 1580.05" to a point in Bounds Road; THENCE S 01924'06" W following Bounds Road a distance of2417.74" to a point the POINT OF BEGINNING and containing 2,376,299 Square Feet or 54.552 Acres ofland. 4255905 EXHIBIT H MAR - 8 2024 WINSTEAD Austin I Charlotte I Dallas I Fort Worth Houston : : San Antonio I The Woodlands 2728 N. Harwood Street 214.745.5400 OFFICE Suite 500 214.745.5390 FAX Dallas, Texas 75201 winstead.com Joey Nash direct dial: 214.745.5433 nash@winstead.com March 7, 2024 Via Hand Delivery Gunter City Secretary Attn: Ms. Detra Gaines 105 N. 4th Street Gunter, Texas 75058 RE: Petition for Release of Area Dear City Secretary: Enclosed please find one (1) Original and one (1) copy of the Petition for Release of Area from Extraterritorial Jurisdiction. Could you please file-stamp copy "received" with the date and return the stamped copy to the courier. Thank you for your time and assistance. Sincerely, plash Joey Nash Public Finance Legal Assistant Enclosures -Cnorles Biddle WINSTEAD PC I ATTORNEYS RECEIVED MAR --8 2024 PETITION FOR RELEASE OF AREA FROM THE EXTRATERRITORIALJURISDICTION THE STATE OF TEXAS S COUNTY OF GRAYSON S TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF GUNTER, TEXAS: The undersigned (hereinafter called "Petitioner"), being an owner of a majority in value of land(s) situated within the area hereinafter described, which represents a total value of more than 50% of the value of all such area as indicated by the tax rolls oft the Grayson Central Appraisal District, acting pursuant to Section 42.102 of the Texas Local Government Code, as amended, hereby respectfully petitions the City of Gunter, Texas (hereinafter called the "City"), for the removal of the area described in Exhibit A and depicted in Exhibit A-1 herein (the "Property") from the extraterritorial jurisdiction (the "ETJ") of the City. In support of this Petition, Petitioner would respectfully show: I. Petitioner has authority, pursuant to Section 42.102(b), Texas Local Government Code, to file this Petition as the owner(s) of the majority in value of an area of land in the City's ETJ. II. This Petition is signed by a majority in value of the holders of title of Iand in the area described by this Petition, as indicated by the tax rolls of the Grayson Central Appraisal District and evidenced by proof attached as Exhibit B. II. This Petition has satisfied the signature requirements described by Sections 42.103 and 42.104(a), Texas Local Government Code, and Chapter 277, Election Code, not later than the 180th day after the date the first signature for the Petition is obtained. IV. The signature(s) collected for this Petition is in writing, pursuant to Section 42.104(c), Texas Local Government Code. V. The Property is located: in Grayson County, Texas, and totals approximately 412.009 acres, as described in Exhibit A, all of which is located within the extraterritorialj jurisdiction of the City and, to the best of the Petitioner's knowledge, is not subject to any of the exceptions from applicability described in Section 42.101, Texas Local Government Code. VI. This Petition shall be verified by the City Secretary of the City or other person at the City responsible for verifying signatures. VII. The City must notify the residents and landowners of the Property of the results of the Petition, which notification requirement may be satisfied by notifying the Petitioner in writing. VII. Because this Petition contains the number of signatures required by Section 42.104, Texas Local Government Code, to release the Property from the City's ETJ, the City shall immediately release the Property from its ETJ, pursuant to Section 42.105(c), Texas Local Government Code. Should the City fail to take action to release the Property by the later of (i) 45 days after the date the City receives this Petition or (ii) the next meeting of the City's governing body that occurs after the 30th day after the date the City's receives this Petition, the Property shall be released from the ETJ by operation of] law, pursuant to Section 42.105(d), Texas Local Government Code. WHEREFORE, PREMISES CONSIDERED, Petitioner prays that: (a) this Petition be filed with the City Secretary ofthe City of Gunter, Texas, and that, thereafter, the Property be removed from the ETJ of the City, in the manner provided by law, including Sections 42.102-105, Texas Local Government Code, as amended; (b) that this Petition be granted, and that it and the City's action thereon be filed of record and be recorded in the Office of the City Secretary of Gunter, Texas; and (c) that Petitioner have such other order and relief to which they may show itself entitled. [Remainder of Page Intentionally Blankl RESPECTFULLY SUBMITTED this 1 day ofMarch, 2024. PETITIONER Four B Investments, Ltd. a' Texas limited partnership by: BCBH Management, LLC its General Partner by: Charles R. Biddle Manager Bx: Name: Charles R. Biddle, Date of Birth: Address: Date of Signing: S/4co2f THE STATE OF TEXAS $ COUNTY OF DALLAS $ This instrument was acknowledged before me on this day, March L 2024, by Charles R. Biddle, Manager of BCBH Management, LLC, a Texas limited liability company, as the General Partner of Four B Investments, Ltd., a Texas limited partnership, on behalf of said company and partnership. V hR : disson Lynda MA Anderson State My Commission Expires otary Pyblic, ofTexas 03/15/2025 IDI No. 7074514 (SEAL) AVA EXHOBIT "A" LEGAL DESCRIPTION OF AREA TO BE REMOVED FROM THE EXTRATERRITORIAL JURISDICTION [Please See Attached] LEGAL DESCRIPTION (412.009 ACRES) BEING a parcel ofland located in Grayson County, Texas, a part of the George H. Hale Survey, Abstract Number 497, a part of the Page Stanley Survey, Abstract Number 1116, being all oft that called 151.651 acre tract ofland described in deed to Four B Investments, LTD as recorded in Document Number 2012-4948, Official Public Records of Grayson County, Texas, being all of that called 119.772 acre tract ofland described in deed to Four B Investments, LTD as recorded in Document Number 2006-31480, Official Public Records of Grayson County, Texas, being a part oft that called 145.8 acre tract ofland described in deed to Four B Investments, LTD as recorded in Document Number 2006-31481, Official Public Records ofGrayson County, Texas, and being aj part of that called 75.000 acre tract ofland described in deed to Four B Investments, LTD as recorded in Document Number 2010-10641, Official Public Records of Grayson County, Texas, and being further described as follows: BEGINNING at a five-eighths inch iron rod found at the northwest corner of said 151.651 acre tract, said point being the most easterly northeast corner of that tract ofland described in City of Gunter Ordinance Number 060629-2; THENCE North 89 degrees 30 minutes 21 seconds East, 2,356.42 feet to a point at the: northeast corner of said 151.651 acre tract, said point also being in the west right-of-way line ofF.M. Highway Number 121; THENCE South 00 degrees 56: minutes 31 seconds East, 1,863.34 feet along the west right-of- way line ofF.M. Highway Number 121 to a point for corner, said point also being in the north line of a 20 foot wide roadway access to Elliot Cemetery; THENCE along the common lines of said 151.651 acre tract and the north line of said 20 foot wide roadway access as follows: South 89 degrees 33 minutes 39 seconds West, 1,201.89 feet to a point for corner; Northwesterly, 23.29 feet along a curve to the right, having a central angle of30 degrees 52 minutes 20 seconds, a radius of 43.22 feet, a tangent of11.93 feet, and whose chord bears North 75 degrees 00 minutes 15 seconds West, 23.01 feet to a point for corner; North 59 degrees 35 minutes 35 seconds West, 488.43 to a point for corner; Northwesterly, 309.54 feet along a curve to the. left, having a central angle of15 degrees 17 minutes 20 seconds, a radius of1,160.00 feet, a tangent of1 155.69 feet, and whose chord bears North 67 degrees 14: minutes 16 seconds West, 308.62 feet to a point for corner in the east line of that tract of land described in deed to Elliot Cemetery Association as recorded in Volume 5083, Page 845, Official Public Records of Grayson County, Texas; THENCE along the common lines of said 151.651 acre tract and said Elliot Cemetery tract as follows: North 04 degrees 27 minutes 01 seconds West, 318.55 feet to a point at the northeast corner of said Elliot Cemetery; North 89 degrees 55 minutes 28 seconds West, 259.82 feet to a point at the northwest corner of said Elliot Cemetery; South 04 degrees 25 minutes 28 seconds East, 235.00 feet to a point for corner; South 02 degrees 50 minutes 18 seconds East, 202.51 feet to aj point at the southwest corner of said Elliot Cemetery; North 89 degrees 15 minutes 37 seconds East, 165.82 feet to aj point for corner; South 72 degrees 35 minutes 34 seconds East, 107.03 feet to a point at the southeast corner of said Elliot Cemetery; North 04 degrees 27 minutes 01 seconds West, 127.71 feet to a point for corner, said point being in the south line of said 20 foot wide roadway access strip: THENCE along the common lines of said 151.651 acre tract and the south line of said 20 foot wide roadway access as follows: Southeasterly, 297.08 feet along a curve to the right, having a central angle of 14 degrees 55 minutes 52 seconds, a radius of1,140.00 feet, a tangent of 149.39 feet, and whose chord bears South 67 degrees 03 minutes 32 seconds East, 296.24 feet to aj point for corner; South 59 degrees 35 minutes 35 seconds Bast, 488.45 feet to a point for corner; Southeasterly, 34.04 feet along a curve to the left, having a central angle of30 degrees 51 minutes 00 seconds, a radius of 63.22 feet, a tangent of 17.44 feet, and whose chord bears South 75 degrees 00 minutes 58 seconds East, 33.63 feet to aj point for corner, said point being in the west line ofthat tract ofland described in deed to the Cheryl Lynn Baylie Trust as recorded in Document Number 2019-29467, Official Public Records of Grayson County, Texas; THENCE South 01 degrees 00: minutes 42 seconds East, 503.11 feet along a west line of said 151.651 acre tract to the southwest corner of said Cheryl Lynn Baylie Trust tract, said point also being in the north line of said 145.8 acre tract; THENCE along the common lines of said 145.8 acre tract and the said Cheryl Lynn Baylie Trust tract as follows: South 73 degrees 12 minutes 22 seconds East, 395.00 feet to the southeast corner of said Cheryl Lynn Baylie Trust tract; North 16 degrees 21 minutes 50 seconds East, 647.76 feet to a point for corner, said point being in the south line of said 20 foot wide roadway access strip; THENCE North 89 degrees 33 minutes 39 seconds East, 632.51 feet along the south line of said 20 foot wide roadway access to a point at the most northerly northeast corner of said 145.8 acre tract, said point also being in the east line ofCity of Gunter ETJ; THENCE along the east line of City ofGunter ETJ as follows: South 22 degrees 07 minutes 40 seconds West, 573.05 feet to a point for corner; Southwesterly, 2,442.11 feet along a curve to the right, having a central angle of53 degrees 00 minutes 03 seconds, a radius of 2,640 feet, a tangent of 1,316.28 feet, and whose chord bears South 48 degrees 24 minutes 50 seconds West, 2,355.96 feet to aj point for corner; Southwesterly, 789.26 feet along a curve to the right, having a central angle of 17 degrees 07 minutes 45 seconds, a radius of2,640 feet, a tangent of397.60 feet, and whose chord bears South 72 degrees 08 minutes 14 seconds West, 786.32 feet to a point for corner; Southwesterly, 867.66 feet along a curve to the right, having a central angle of 18 degrees 49 minutes 51 seconds, a radius of2,640.00 feet, a tangent of 437.78 feet, and whose chord bears South 24 degrees 19 minutes 57 seconds West, 863.76 feet to a point for corner, said point being in the south line of said 75.000 acre tract; THENCE South 89 degrees 11 minutes 44 seconds West, 1,773.07 feet to a point at an interior ell corner of said 75.000 acre tract; THENCE South 00 degrees 49 minutes 15 seconds East, 1,151.84 feet to a point at the most southerly southeast corner of said 75.000 acre tract, said point also being in the approximate centerline of Burke Road; THENCE South 89 degrees 11 minutes 44 seconds West, 390.08 feet along the approximate centerline of Burke Road to a point at the most southerly southwest corner of said 75.000 acre tract; THENCE North 00 degrees 49 minutes 15 seconds West, 1,240.38 feet to a point at the most westerly northwest corner of said 75.000 acre tract, said point also being the southwest corner of said 119.772 acre tract; THENCE North 01 degrees 15 minutes 27 seconds West, 1,408.80 feet to a one-half inch iron rod found for corner in the west line of said 119.772 acre tract, said point also being in the east line of said City of Gunter City Limits per Ordinance Number 060629-2; THENCE North 00 degrees 17 minutes 06 seconds West, 1,897.02 feet along the east line of said City ofGunter City Limits per Ordinance Number 060629-2 to a point at the most westerly northwest corner of said 151.651 acre tract; THENCE along the common lines ofs said City of Gunter City Limits per Ordinance Number 060629-2 and said 151.651 acre tract as follows: North 89 degrees 13 minutes 44 seconds East, 2,134.10 feet to a point for corner; North 16 degrees 51 minutes 03 seconds East, 186.80 feet to a point for corner; North 89 degrees 11 minutes 27 seconds East, 433.77 feet to a one-halfinch iron rod found for corner; North 12 degrees 27 minutes 01 seconds West, 711.08 feet to a metal fence corner post found for corner; North 83 degrees 43 minutes 48 seconds East, 455.35 feet to a five-eighths inch iron rod found for corner; North 01 degrees 51 minutes 14 seconds West, 664.60 feet to the POINT OF BEGINNING and containing 17,947,103 square feet or 412.009 acres ofland. BASIS OF BEARING: THE BASIS OF BEARING IS BASED ON THE COORDINATE SYSTEM (NORTH CENTRAL ZONE 4202 STATE PLANE COORDINATES, NAD83). DISTANCES SHOWN HEREON ARE SURFACE DISTANCES WITH A SCALE FACTOR FROM GRID TO SURFACE OF 1.00012. THIS DOCUMENT WAS PREPARED UNDER 22 TAC 663.23, DOES NOT REFLECT THE RESULTS OF AN ON THE GROUND SURVEY, AND IS NOT TO BE USED TO CONVEY OR ESTABLISH INTERESTS IN REAL PROPERTY EXCEPT: THOSE RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BY THE CREATION ORI RECONFIGURATION OF THE BOUNDARY OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS PREPARED. EXHIBIT "A-1" DEPICTION OF AREA TO BE REMOVED FROM THE EXTRATERRITORIAL JURISDICTION [Please See Attached] a à 121 - GMENER FM. HICKWAY NO. I 121 7455 a . A 3 ELTE N CRAPHIC SCALE DLAE mo. ocos30 t Bg GNIYAP i 4474A5 - l - - - a Ly o N BE E - AE Paa. MeI3dE 56.42 - AN N Ue E E E 5 - a 2 MESG'E 5 a EMER - EAN : ATES grst SSTETS - E - - - - : - e E for E LA NeST ZrE - a giy o. 000010- MIsTaY 14Z : is ATSWE-215G0 &. 63 5 E 133 a 32 ( 4 E ad 3730 yow E - E a E M-RRY-EAEE . B5 > EMERESERSE de E M - E AE3AEAE F E a - " E EARES E a wE E - a - - nua Mw - - BsoCas - a = - OATO or e dg - E RE B w PIA A MES BIVUNE 2 5 a y Bs asye w di DwC B DVA M A * M a BE 8 529 5 senue 17ACT 3 & - % BURKE ROAD" Senr sss STANS -Lean 39404F R E TLANR.. - 412.009 ACRES GUNTER ETJ REMOVAL - 5008 SANAY SURV SMYAS BSTRACT STRACT 97 FEoOL 1 E PARTNERS FOUR B INVESTMENT PROPERTY Grayson County, Texcs EXHIBIT "B" PROOF OF OWNERSHIP OF AREA TO BE REMOVED FROM THE EXTRATERRITORIAL JURISDICTION [Please See Attached] - - er SAE - a - 9 0 - a I9NHZI IBINHOT 2205 V : E e ARES E SLIIdT AJINVISW 6S6O-V G01l E V. S MMYRE - Naa MAN6RR 0 - 4 psbiksks E CEF - 3 a a a 2 a Duncy Rd ri a/ 4 iBig EXHIBIT I RECEIVED DEC - 4 2024 Release from Extraterritorial Jurisdiction (ETJ) Petition APPLICANT/ OWNER Applicant or Authorized. Agent Owner Name: Abdol Aze shaik Name: Company:: 9 Sharc Teas eliost Delglopmt Company: gShr Gnfer IC Address:: Reldg ent Company TC Address:: Telephone: Telephone: Email: Email: Signature: % D.OB . Signature: D.0.B 1A D 1 g 1. SAh Agey 1 12-/04/2024 SITE INFORMATION Number of properties within the area to be released: 1 General location or address of area to be released: Pke & McConnell PA Total Acres to be released: GudlerTp-iss 153 ocreb County of Request Gyaycon REQU JIRED ITEMS FOR PETITION (Applicant must initial next to each item) Completed Application Exact Property description in the form of: 1) Metes and Bounds, or 2) Identification of the property (Lot and Block) on a Recorded Plat Signed "Release from ETJ Petition" (see next page) 50% of all owners within the area to be released must provide a NOTARIZED signature If property is owned by an entity, estate, trust, etc. - provide proof of authority to sign on behalf of the entity, estate, trust, etc. If current ownership differs from data available on the Appraisal District website provide deed(s) as proof of ownership - - - Owners signature required: Apey oo E E e - E : E e 5 d 0 : : 3 5 1 2 E de E 5 a : 2. d& e e 3 8 0 . 2 a a a 5 - 9 - a1 5. a 3 df r 0 ON oD. 1 Kawns P a Dyor 8, - 3 Pike Road Asphalt Surfaced Maintained by County AAB Ray E S 0042145 563.83 - Et - e N f 3 le a e : - 3 : 5 : : e & p woyoa Py7 KessoR PHX KeSSON 2 PH sajdow PH sejdon PL ed, I 2E a PB ypo1e 8 a # punos 2, 3 B £0. . N e 5 3 saesbRe bH3a3RSEusE 005 GuaningP Puy Kog EZOZ Ibydeg - * * PROPERTY DESCRIPTION * * All that certain tract or parcel ofl land situated in the Asa Hartfield Survey, Abstract Number 490, County of Grayson, State ofTexas, said tract being all oftract two as described in Partition Deed to Dorothy Ann McConnell Smith, filed 10 September 1984, Recorded in Volume 1712, Page 795 of the Deed Records of the County of Grayson, State of Texas, and being more fully described as follows: Beginning for the southeast corner ofthe tract being described herein at al Found % Inch Steel Rebar, said rebar being the southeast corner of said Smith tract, and being the: northeast corner of a tract as described in Deed to 9: Star Premium Land Gunter Investments LLC, filed 27 April 2023, Recorded at 2023-10836 of said Deed Records, said rebar also being the northwest corner of a tract as described in Deed to Aled Robinson and Jennifer Robinson, filed 20 April 2018, Instrument. Number 2018-8710 of said Deed Records, and the southwest corner of a tract as described in Deed to Tammy R. Pecina, filed: 20 September 1999, Recordedin Volume 2842, Page 787 of said Deed Records, said rebar also being in thei intersection ofMcConnell road (Asphalt Surfaced), and Pike Road (Asphalt Surfaced) ; Thence: South 89 degrees 37 minutes 08 seconds West, with the south line of said Smith tract, and the north line of said 9 Star tract, and in said McConnell road, a distance of 904.68 feet to a Found Nail for the southwest corner of said Smith tract, said nail also being the southeast corner of a tract as described in Deed to Jordan Martin and Starla Martin, filed 08 June 2022, Instrument Number 2022-20673 of said Deed Records; Thence: North 01 degrees 03 minutes 09 seconds East, with the west line of said Smith tract, and passing at 30 feet to a Found % Inch Steel Rebar on the north side of said McConnell Road, and continuing said course for a total distance of 560.68 feet to a Found % Inch Steel Rebar for the northwest corner of said Smith tract, said rebara also being the northeast corner of a tract as described in Deed to Anbu Viswanathan et ux Nirmala Chandran Viswanathan, filed 30 August 2023, Instrument Number 2023-23400 of said Deed Records, and also being in the south line of a tract as described in Deed to Steve L. Covington et ux Glynda Covington, filed 26 July 1996, Recorded in Volume 2482, Page 653 of said Deed Records; Thence: North 89 degrees 24 minutes 17 seconds East, with the north line of said Smith tract, and the south line of said Covington tract, and passing at 865.08 feet to a Found % Inch Steel Rebar on the west side of said Pike Road, and continuing said course for at total distance of 887.48 feet to a Set PK Nail fort he northeast corner of said Smith tract, said nail also being the southeast corner of said Covington tract, and also being on the west line of a tract as described in Deed to Tracom Enterprises INC, filed 09 April 2021, Instrument Number 2021-60 of said Deed Records; Thence: South 00 degrees 42 minutes 14 seconds East, with the east line of said Smith tract, and in said Pike Road, a distance of 563.83 feet to the POINT OF BEGINNING and containing 11.564 acres ofland. Secretary of State Filed in the Office of the P.O. Box 13697 Secretary of State of Texas Austin, TX 78711-3697 Filing #: 805278812 10/25/2023 FAX: 512/463-5709 Document #: 1298295530004 Certificate of Formation Image Generated Electronically Filing Fee: $300 Limited Liability Company for Web Filing Article 1 - Entity Name and Type The filing entity being formed is a limited liability company. The name of the entity is: 9 Star Gunter Fields LLC Article 2 - Registered Agent and Registered Office A. The initial registered agent is an organization (cannot be company named above) by the name of: OR MB. The initial registered agent is an individual resident oft the state whose name is set forth below: Name: Abdul Azeez Shaik C. The business address of the registered agent and the registered office address is: Street Address: 6545 Jamestown Rd Frisco TX 75035 Consent of Registered Agent A. A copy of the consent of registered agent is attached. OR MB. The consent of the registered agent is maintained by the entity. Article 3 - Governing Authority MA. The limited liability company is to be managed by managers. OR DB. The limited liability company will not have managers. Management of the company is reserved to the members. The names and addresses of the governing persons are set forth below: Manager 1: (Business Name) 9 Star Gunter Fields Management LLC Address: 6545 Jamestown Rd Frisco TX, USA 75035 Article 4 - Purpose The purpose for which the company is organized is for the transaction of any and all lawful business for which limited liability companies may be organized under the Texas Business Organizations Code. Supplemental Provisions / Information The attached addendum, if any, isi incorporated herein by reference.) Initial Mailing Address Address to be used by the Comptroller of Public Accounts for purposes of sending tax information. The initial mailing address of the filing entity is: 6545 Jamestown Rd Frisco, TX 75035 USA Organizer The name and address of the organizer are set forth below. Abdul Azeez Shaik 6545 Jamestown Rd, Frisco, TX, 75035 Effectiveness of Filing MA. This document becomes effective when the document is filed by the secretary of state. OR DB. This document becomes effective at a later date, which is not more than ninety (90) days from the date of its signing. The delayed effective date is: Execution The undersigned affirms that the person designated as registered agent has consented to the appointment. The undersigned signs this document subject to the penalties imposed by law for the submission of a materially false or fraudulent instrument and certifies under penalty of perjury that the undersigned is authorized under the provisions of law governing the entity to execute the filing instrument. - Abdul Azeez Shaik Signature of Organizer FILING OFFICE COPY Secretary of State Filed in the Office of the P.O. Box 13697 Secretary of State of Texas Austin, TX 78711-3697 Filing #: 805278755 10/25/2023 FAX: 512/463-5709 Document #: 1298295530003 Certificate of Formation Image Generated Electronically Filing Fee: $300 Limited Liability Company for Web Filing Article 1 - Entity Name and Type The filing entity being formed is a limited liability company. The name of the entity is: 9 Star Gunter Fields Management LLC Article 2 - Registered Agent and Registered Office JA. The initial registered agent is an organization (cannot be company named above) by the name of: OR MB. The initial registered agent is an individual resident of the state whose name is set forth below: Name: Abdul Azeez Shaik C. The business address of the registered agent and the registered office address is: Street Address: 6545 Jamestown Rd Frisco TX 75035 Consent of Registered Agent A. A copy of the consent of registered agent is attached. OR MB. The consent of the registered agent is maintained by the entity. Article 3 - Governing Authority VA. The limited liability company is to be managed by managers. OR DB. The limited liability company will not have managers. Management of the company is reserved to the members. The names and addresses of the governing persons are set forth below: Manager 1: Abdul Azeez Shaik Title: Manager Address: 6545 Jamestown Rd Frisco TX, USA 75035 Article 4 - Purpose The purpose for which the company is organized is for the transaction of any and all lawful business for which limited liability companies may be organized under the Texas Business Organizations Code. Supplemental Provisions /1 Information The attached addendum, if any, is incorporated herein by reference.] Initial Mailing Address Address to be used by the Comptroller of Public Accounts for purposes of sending tax information. The initial mailing address of the filing entity is: 6545 Jamestown Rd Frisco, TX 75035 USA Organizer The name and address of the organizer are set forth below. Abdul Azeez Shaik 6545 Jamestown Rd, Frisco, TX, 75035 Effectiveness of Filing MA. This document becomes effective when the document is filed by the secretary of state. OR B. This document becomes effective at a later date, which is not more than ninety (90) days from the date of its signing. The delayed effective date is: Execution The undersigned affirms that the person designated as registered agent has consented to the appointment. The undersigned signs this document subject to the penalties imposed by law for the submission of a materially false or fraudulent instrument and certifies under penalty of perjury that the undersigned is authorized under the provisions of law goveming the entity to execute the filing instrument. Abdul Azeez Shaik Signature of Organizer FILING OFFICE COPY Grayson County Deana Patterson County Clerk Sherman, TX 75090 Instrument Number: 2024-3834 ERecordings-RP Recorded On: February 13, 2024 08:07 AM Number of Pages: 6 - Examined and Charged as Follows: # Total Recording: $31.00 *********** THIS PAGE IS PART OF THE INSTRUMENT *********** Any provision herein which restricts the Sale, Rental or use of the described Document because of color or race is invalid and unenforceable under federal law. File Information: Record and Return To: Document Number: 3834 Simplifle Receipt Number: 20240213000006 100 W. Houston Ste. 17 Recorded Date/Time: February 13, 2024 08:07 AM User: Crystal T Sherman TX 75090 Station: CLERKO6 STATE OF TEXAS COUNTY OF GRAYSON I hereby certify that this Instrument was FILED In the File Number sequence on the date/time printed hereon, and was duly RECORDED in the Official Records of Grayson County, Texas. Deana Patterson County Clerk Grayson County, TX GENERAL WARRANTY DEED WITH VENDOR'S LIEN NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY AND ALL OF THEFOLLOWING INFORMATIONFROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. GRANTOR: DOROTHY ANN PAVIOLO F/K/A DOROTHY Secured Title of Texas ANN SMITH F/K/A DOROTHY ANN GFASY d36005030 MCCONNELL AND DAVID S. WEAVER, CO- TRUSTEES OF THE SMITH REVOCABLE TRUST DATED APRIL 1, 1980 GRANTOR'S MAILING ADDRESS: 13941 S Hudson Avenue Bixby, Oklahoma 74008 (Tulsa County) GRANTEE: 9 STAR GUNTER FIELDS LLC, a' Texas limited liability company GRANTEE'S MAILING ADDRESS: 6545 Jamestown Road Frisco, Texas 75035 (Collin County) CONSIDERATION: TEN AND NO/100THS DOLLARS ($10.00), and other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, and for further consideration ofthe execution and delivery by Grantee of that certain promissory note of even date herewith in the principal sum stated therein (the "Note"), bearing interest as therein provided, payable to the order of Cadençe Bank, a Mississippi State Chartered Bank, ("Lender"), the principal thereof and accrued interest thereon being payable as provided therein, the payment of which Note is secured by a vendor' S lien herein retained and is additionally secured by a real estate deed oft trust of even date herewith from Grantee to date from Shanna Kuzdzal, Trustee, reference to which is here: made for all purposes. PROPERTY: All that certain tract or parcel ofland situated in the. Asa Hartfield Survey, Abstract Number 490, County of Grayson, State of Texas, said tract being all of tract two as described in Partition Deed to Dorothy Ann McConnell Smith, filed 10 September 1984, Recorded in Volume 1712, Page 795 of the Deed Records of the County of Grayson, State of Texas, being more particularly described by metes and bounds on Exhibit "A" attached hereto and made a part thereof, together with Grantor's rights, titles and interests, if any, in all improvements located thereon. GENERAL WARRANTY) DEED WITH VENDOR's! LIEN PAGE 1 RESERVATIONS FROM CONVEYANCE: None. EXCEPTIONS TO CONVEYANCE AND WARRANTY: Those matters set out on Exhibit "B" attached hereto to the extent valid, enforceable and in effect with respect to the Property (the "Permitted Exceptions"). Grantor, for the Consideration and subject to the Reservations from Conveyance and the 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 way belonging, to have and hold it to Grantee, its successors and assigns forever. Grantor binds Grantor and Grantor's legal representatives, heirs, executors, administrators, and 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 Conveyance and the Exceptions to Conveyance and Warranty. The vendor'sl lien and superior title to the Property are: retained forthe benefit ofthe Lender and is transferred to Lender. The vendor's lien against and superior title to the Property are retained until the Note is fully paid according to its terms, at which time this General Warranty Deed shall become absolute. [Remainder ofPage Intentionally Left Blank; Signature Page Follows] GENERAL WARRANTY DEED WITH VENDOR'sI LIEN PAGE 2 EXEÇVED on the date of the acknowledgment hereinafter set forth, but made effective aso ofthe day ofFebruary, 2024, GRANTOR: DOROTHY ANN PAVIOLO F/K/A DOROTHY ANN SMITH F/K/A DOROTHY ANN MCCONNELL AND DAVID S. WEAVER, CO-TRUSTEES OF THE SMITH REVOCABLE TRUST DATED APRIL 1, 1980 David S. Weaver, sole surviving Trustee of The Smith Revocable Trust STATE OF OKLAHOMA COUNTY OF TULSA This instrument was acknowledged before me this gL day of February, 2024, by David S. Weaver, sole surviving Trustee ofThe Smith Revocable Trust, on behalf of said trust. hore Notary Public, State of Oklahoma AFTER RECORDING. RETURNTO: 9 Star Gunter Fields LLC 6545 Jamestown Road Frisco, Texas 75035 B THEONA HOWELL Notary Public Siate of Oklahoma Commission #U5009859 My Comm. Expires 10/25/2025) SIGNATURE PAGE GENERAL WARRANTY DEED WITH VENDOR's LIEN Exhibit "A" Property Metes and Bounds All that certain tract or parcel of land situated in the Asa Hartfield Survey, Abstract Number 490, County of Grayson, State of Texas, said tract being all of tract two as described in Partition Deed to Dorothy Ann McConnell Smith, filed 10 September 1984, Recorded in Volume 1712, Page 795 ofthe Deed Records of the County of Grayson, State ofTexas, and being more fully described as follows: Beginning for the southeast corner of the tract being described herein at a Found % Inch Steel Rebar, said rebar being the southeast corner of said Smith tract, and being the northeast corner of ai tract as described in Deed to 9 Star Premium Land Gunter Investments LLC, filed: 27 April 2023, Recorded at 2023-10836 of said Deed Records, said rebar also being the northwest corner of a tract as described in Deed to Aled Robinson and. Jennifer Robinson, filed 20. April 2018, Instrument Number 2018-8710 of said Deed Records, and the southwest corner of a tract as described in Deed to Tammy R. Pecina, filed 20 September 1999, Recorded in Volume 2842, Page 787 of said Deed Records, said rebar also being in the intersection of McConnell road (Asphalt Surfaced), and Pike Road (Asphalt Surfaced) : Thence: South 89 degrees 37 minutes 08 seconds West, with the south line of said Smith tract, and the north line of said 9 Star tract, and in said McConnell road, a distance of904.68 feet to a Found Nail for the southwest corner of said Smith tract, said nail also being the southeast corner ofa tract as described in Deed to Jordan Martin and Starla Martin, filed 08 June 2022, Instrument Number 2022-20673 of said Deed Records; Thence: North 01 degrees 03 minutes 09 seconds East, with the west line of said Smith tract, and passing at 30 feet to a Found % Inch Steel Rebar on the north side of said McConnell Road, and continuing said course for a total distance of 560.68 feet to a Found % Inch Steel Rebar for the northwest comer of said Smith tract, said rebar also being the northeast corner of a tract as described in Deed to Anbu Viswanathan et ux Nirmala Chandran Viswanathan, filed 30 August 2023, Instrument Number 2023-23400 of said Deed Records, and also being in the south line of a tract as described in Deed to Steve L. Covington et ux Glynda Covington, filed 26 July 1996, Recorded in Volume 2482, Page 653 of said Deed Records; Thence: North 89 degrees 24 minutes 17 seconds East, with the north line of said Smith tract, and the south line of said Covington tract, and passing at 865.08 feet to a Found % Inch Steel Rebar on the west side of said Pike Road, and continuing said course for a total distance of 887.48 feet to a Set PK Nail for the northeast corner of said Smith tract, said nail also being the southeast cormer of said Covington tract, and also being on the west line of a tract as described in Deed to Tracom Enterprises INC, filed 09 April 2021, Instrument Number 2021-60 of said Deed Records; Thence: South 00 degrees 42 minutes 14 seconds East, with the east line of said Smith tract, and in said Pike Road, a distance of563.83 feet to the POINT OF BEGINNING and containing 11.564 acres ofland. GENERAL WARRANTY! DEED WITH VENDOR's LIEN EXHIBIT "A" Exhibit "B" Permitted Exceptions 1. Waterline Easement 20-feet in width executed by Dorothy Ann McConnell Smith, to City of Gunter, dated September 6, 2005, filed September 15, 2005, recorded in/under Volume 3928, Page 938 of the Real Property Records of Grayson County, Texas. 2. Mineral and/or royalty interest, as described in instrument recorded in/under Volume 882, Page 428 of the Real Property Records of Grayson County, Texas, reference to said instrument is hereby made for all purposes. Title to said interest not checked subsequent to date of aforesaid instrument. 3. Any portion of property lying within the boundaries of McConnell Road as shown on survey ofl Don K. Cox, R.P.L.S. 4577, dated October 13, 2023. 4. Any portion of property lying within the boundaries of Pike Road as shown on survey of Don K. Cox, R.P.L.S. 4577, dated October 13, 2023. 5. Rights of third parties as to overhead electric lines and power poles as shown on survey ofDon K. Cox, R.P.L.S. 4577, dated October 13, 2023. GENERAL WARRANTY. DEED WITH VENDOR's LIEN EXHIBIT "B" EXHIBIT J RECEIVED DEC 4 2024 Release from Extraterritorial Jurisdiction (ETJ) Petition APPLICANT / OWNER Applicant or Authorized Agent Owner Name: Ab pcpl Agees Shaik Name: 4 9Shor Premion Land Company:: a Sans Tesas Lond Developmeott Company: Gunder Tadekmenks LLC Address:: Compony ELc Address:: Telephone: Telephone: Email: Email: Signature: D08 J Signature: D.DB hAdAer Ahlgay 12/04/2024 SITE INFORMATION Number of properties within the area to be released: A General location or address of area to be released: Prke & MeConpel Total Acres to be released: Rd GunterTx1sks 16.568 acreh County of Request Gyaysol) REQUI IRED ITEMS FOR PETITION (Applicant must initial next to each item) Completed Application Exact Property description in the form of: 1) Metes and Bounds, or 2) Identification of the property (Lot and Block) on a Recorded Plat Signed "Release from ETJ Petition" (see next page) 50% ofa all owners within the area to be released must provide a NOTARIZED signature Ifp property is owned by an entity, estate, trust, etc. - provide proof of authority to sign on behalf of the entity, estate, trust, etc. If current ownership differs from data available on the. Appraisal District website provide deed(s) as proof of ownership Owners signature required: &khg Copyight 2023, Cox Lands Surveying Co. 28F3ESP 05 89 RES E5 A 8 53 ia a F 0os0'50 E 24682 0 N 00'30'50" E 581.02' (580.74) - I No Fence No Fence 33 h EEEE E E E I S E 3 I - I - - 1 E E 37 - Tt * 43 B 33 E B M 3 : R I l $ 6' 089) 98089 M. Z,0E. R3 vostivp jo: Aunog Aq lgyupen o08 aygnd paoys soydsy H Jectri - ayd 3 , E5 E E a E - R E - 2 I e I E 1 B i - 35 I de I 1 1 I E E bn 5 e e 3 43 e 3 - E H e 3 5 E I 2 Ea I : EE E i 3 - - N: I I 5 8 : I E - 1 E 31 7 A - I B A I E E 3 - Jour nd is d E E3 B E I E I E I ES : 1 : 3 : E : E 1 E 8 I a às E 43 R E E I % i &: E5 - E 9 F E: : 9 I - & a - - o/ 8 d E I 8 I ni ck E I I e E i 1 4 E : I E E - B I - 4 E I B: - I 1 - A E Mcples Rd Moples ! a 1 - E E E 4 S & - E 3 : I S I a 3 B I I I . a I 1 I - Mossny Rd Wasaymafalim 1 E : E 4 E E - 3 - 7 1 i E - I : F - I E - B I 1 1 I F 2 E I . HE E Fi i a I I i I 5 File No.: SPL230004490 EXHIBIT "A" All that certain tract or parcel of land situated in the William Campbell Survey, Abstract Number 253, County of Grayson, State of Texas, said tract being all ofa a tract as described in Deed to Cynthia Ann Hador, filed 28 June 2019, Instrument Number 2019-15278 of the Deed Records ofi the County of Grayson, State of Texas, andi being more fully described as follows: Beginning for the northeast corner of the tract being described herein at a found 1/2 inch Steel Rebar, said rebar being the northeast comer of said Hadom tract, and being at the intersection ofl McConnell Road and Pike Road; Thence: South 01 degrees 30 minutes 22 seconds West, with the east line of said Hadorn tract, and in said Pike Road, a distance of 580.86 feet to à found PK Nail for the southeast corner of said Hadorn tract; Thence: South 89 degrees 36 minutes 25 seconds West, passing a found 1/2 inch Steel Rebar on the west side of said Pika Road and continuing with the south line of said Hadorn tract for a total distance of 1237.70 feet to a found 1/2 inch Steel Rebari for the southwest comer of said Hadorn tract; Thence: North 00 degrees 30 minutes 50 seconds West, passing a found 1/2 inch Steel Rebar on the south side of said McConnell Road and continuing with the west line of said Hadom tract for a total distance of 581.02 feet to a set PKI Nail for the northwest comer of said Hadom tract, and being in said McConnel Road; Thence: North 89 degrees 37 minutes 32 seconds East, with the north line of said Hadorn tract, and in said McConnell Road, a distance of 1247.75 feet to the POINT OF BEGINNING and containing 16,568 acres of land. NOTE: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement ini thel legal description contained in Schedule "A" as to area or quantity of land Is not a representation that such area or quantity is correct, but is made only fori informai identifiçation purposes and does not override Item 2 of Schedule "B" hereof. Secretary of State Filed in the Office of the P.O. Box 13697 Secretary of State of Texas Austin, TX 78711-3697 Filing #: 804939526 02/23/2023 FAX: 512/463-5709 Document #: 1224420410009 Certificate of Formation Image Generated Filing Fee: $300 Electronically Limited Liability Company for Web Filing Article 1 - Entity Name and Type The filing entity being formed is a limited liability company. The name of the entity is: 9 Star Premium Land Gunter Investments LLC Article 2 - Registered Agent and Registered Office MA. The initial registered agent is an organization (cannot be company named above) by the name of: 9 Star Gunter Land Management LLC OR B. The initial registered agent is an individual resident of the state whose name is set forth below: C. The business address of the registered agent and the registered office address is: Street Address: 6545 Jamestown Rd Frisco TX 75035-75035 Consent of Registered Agent DA. A copy of the consent of registered agent is attached. OR MB. The consent of the registered agent is maintained by the entity. Article 3 - Governing Authority MA. The limited liability company isi to be managed by managers. OR B. The limited liability company will not have managers. Management of the çompany is reserved to the members. The names and addresses of the governing persons are set forth below: Manager 1: (Business Name) 9 Star Gunter Land Management LLC Address: 6545 Jamestown Rd Frisco TX, USA 75035-75035 Article 4 - Purpose The purpose for which the company is organized is for the transaction of any and all lawful business for which limited liability companies may be organized under the Texas Business Organizations Code. Supplemental Provisions / Information The attached addendum, if any, isi incorporated herein by reference.] Initial Mailing Address Address to be used by the Comptroller of Public Accounts for purposes of sending taxi information. The initial mailing address of the filing entity is: 6545 Jamestown Rd Frisco, TX 75035 USA Organizer The name and address of the organizer are set forth below. Abdul Azeez Shaik 6545 Jamestown Rd, Frisco, TX, 75035 Effectiveness of Filing DA. This document becomes effective when the document is filed by the secretary of state. OR MB. This document becomes effective at a later date, which is not more than ninety (90) days from the date of its signing. The delayed effective date is: February 24, 2023 Execution The undersigned affirms that the person designated as registered agent has consented to the appointment. The undersigned signs this document subject to the penalties imposed by law for the submission of a materially false or fraudulent instrument and certifies under penalty of perjury that the undersigned is authorized under the provisions of law governing the entity to execute the filing instrument. - Abdul Azeez Shaik Signature of Organizer FILING OFFICE COPY - - : Secretary of State Filed in the Office of the P.O. Box 13697 Secretary of State of Texas Austin, TX 78711-3697 Filing #: 804939524 02/23/2023 FAX: 512/463-5709 Document #: 1224420410008 Certificate of Formation Image Generated Filing Fee: $300 Electronically Limited Liability Company for Web Filing Article 1 - Entity Name and Type The filing entity being formed is a limited liability company. The name of the entity is: 9 Star Gunter Land Management LLC : : : Article 2 - Registered Agent and Registered Office DA. The initial registered agent is an organization (cannot be company named above) by the name of: OR MB. The initial registered agent is an individual resident of the state whose name is set forth below: Name: Abdul Azeez Shaik C. The business address of the registered agent and the registered office address is: Street Address: 6545 Jamestown Rd Frisco TX 75035-75035 Consent of Registered Agent DA. A copy of the consent of registered agent is attached. OR MB. The consent of the registered agent is maintained by the entity. Article 3 - Governing Authority MA. The limited liability company is to be managed by managers. OR - B. The limited liability company, will not have managers. Management oft the company is reserved to the members. The names and addresses of the governing persons are set forth below: Manager 1: Abdul Azeez Shaik Title: Manager Address: 6545 Jamestown Rd Frisco TX, USA 75035-75035 Article 4 - Purpose The purpose for which the company is organized is fori the transaction of any and all lawful business for which limited liability companies may be organized under the Texas Business Organizations Code. Supplemental Provisions / Information : The attached addendum, if any, is incorporated herein by reference.] : - A Initial Mailing Address Address to be used by the Comptroller of Public Accounts for purposes of sending tax information. The initial mailing address of the filing entity is: 6545 Jamestown Rd Frisco, TX 75035 USA Organizer The name and address of the organizer are set forth below, Abdul Azeez Shaik 6545 Jamestown Rd, Frisco, TX, 75035 Effectiveness of Filing DA. This document becomes effective when the document is filed by the secretary of state. OR MB. This document becomes effective at a later date, which is not more than ninety (90) days from the date of its signing. The delayed effective date is: February 24, 2023 Execution The undersigned affirms that the person designated as registered agent has consented to the appointment. The undersigned signs this document subject to the penalties imposed by law for the submission of a materially false or fraudulent instrument and certifies under penalty of perjury that the undersigned is authorized under the provisions of law governing the entity to execute the filing instrument. Abdul Azeez Shaik Signature of Organizer FILING OFFICE COPY EXHIBIT K RECEIVED -Denied 3l20l20a5 MAR 10 2025 B Release from Extraterritorial Jurisdiction (ETJ) Petition APPLICANT / OWNER Applicant or Authorized Agent Owner Name: Abdul Ageesr Shaik Name: Sor Golden Corridor land- Company:: 9 Star Tejas Laand Deve Company: TNekmets LLC Address:: Loppenk Gompony Id Address: Telephone: - / Telephone: Email: Email: Signature: Signature: 4 V - MAppay - D-0-B D-0;B / SNd Apeizy 03/1/3625 ca/ul2o25 SITE INFORMATION Number of properties within the area to be released: General location or address of area to be released: In, Total Acres Naughan to Guaker,TX-15e53 be released: 1o1628 Acres County of Request Gyrysen REQU UIREDI ITEMS FOR PETITION (Applicant must initial next to each item) Completed Application Exact Property description in the form of: 1) Metes and Bounds, or 2) Identification oft the property (Lot and Block) on al Recorded Plat Signed "Release from ETI Petition" (see next page) 50% of all owners within the area to be: released must provide a NOTARIZED signature If property is owned by an entity, estate, trust, etc. provide proof of authority to sign on behalf of the entity, estate, trust, etc. If current ownership differs from data available on the Appraisal District website provide deed(s) as proof of ownership Owners signature SkAAgsy required: Cepyight 2023, Cox Londs Surveylng Ca. BSdiSF P383204 & & s 2 - - & 3 & : a an CA % f 9 59 & & - 5 6 € & Vaughan Road a E ON Factli a N0149387 1016.73 (1012. 55 Grovel Surfaced Road a8 a 3 - C : ne I f d ou a N 51 S : l al 374 X 3 9 svey aR PIO OHLI an jo 097 1eeg BouBI ay PIO 1 E N E (ZI'96) OL'ES6 M -IS,42ZO S s a - 8 y/Calder Fund W & * 8 E 19. suy 2006 (100A Ac) A Val4089 Pg.234 OR. 8 à N a - I e 3 - E ap E E E B 2 E - BF 7 - E 5 - : 3 I : I - . a E I # I : I > E - I E B E I 4 - - 5 E - 1 ES 3 E; a I 5 5 - I B3 1 5i - I E - : - EF E - € 5 a a E A E E 1 - E 5 € E 55 I e E I - E E E o - 9 1E - a 3 A 3 E B E E ER : 5 a B L a! 5 I - S - - E - E5 a E F - : - B / 3a B - E - - a E I 8 I E E de E ) à N - - 9 E F B: A - E E a E # I à a 1 B I # - 6 : 3 F) - : K E 3 ES - 5 E I a 5 E P F E L 9 - . EE E 5 E 33 I I E - & er 8 9 3 E - a 3 5 5 - I E I D 1 SI - - B a I 3 E - E 3 3 I DE - a 3 1 * E5 E - 1 of - 3 B 5 E E a 5 I B; I a Ey ( E L E B E 2 E I IF E 3 E I E E N 53 1 E E I E a E - A - 3 - I 4 F 5 I a E E S 3 B F E - a E E E - - A 5 1 - - & - S B R I E E I S I - - I - E B 4 - E : B I E F E I ( 1 7 B B E - E I - - - 1 EE L 6 - C I - I I E I - : E & 1 - I : 8 E I S & 3 : BE P 3 - ! € 3 I : I I 5 I E E 6 = I 5 A 8 1 B I B . I 3: 3 I E g E - / I Bi I - 4 I I I I A E Li A A Il E L **] PROPERTY DESCRIPTION * * All that certain tract or parcel of land situated in the Sarah Shoto Survey, Abstract Number 1079, County of Grayson, State of Texas, said tract being part of Tract Two a called 64.951 acre tract as described in Deed to James Edward Kent, Danna Jean Serenbetz and Lisa Ann Harrison, filed 05 February 2021, and Recorded in Instrument Number 2021-3955 of the Deed Records oft the County of Grayson, State of Texas, and being more fully described as follows: Beginning for the northwest corner of the tract being described herein at a set PK Nail, said nail being the northwest corner of said 64.951 acre tract, and the southwest corner of a tract as described in Deed to Mythr1200 LP et al, filed 13 May 2022, Instrument Number 2022-17102 of said Deed Records, said nail also being in Vaughan Road; Thence: South 87 degrees 54 minutes 37 seconds East, with the north line of said 64.951 acre tract and passing at 19.50 feet a found % inch Steel Rebar on the the east side of Vaughan Road, and continuing on said coursae for a total distance of 2658.60 feet (2660.49) to a Found %2 Inch Steel Rebar by a Wood fence corner Post for the northeast corner of said Kent 64.951 acre tract; Thence: South 02 degrees 27 minutes 51 seconds West, with the east line of said 64.951 acre tract, a distance of953.70 feet (954.12') to a Found % inch Square Tubing for the southeast corner of this tract, and the northeast corner of a 5.00 acre tract as described in Deed to George A. Vaughan, filed 06 February 2003, and Recorded in Volume 3395 Page 699 of said Deed Records; Thence: North 89 degrees 16 minutes 28 seconds West, with the north line of said Vaughan 5 acre tract, a distance of 2648.46 feet (2649.17) to a found PK Nail for the southwest corner oft this tract, and the northwest corner of said Vaughan 5 acre tract, said nail also being in Vaughan Road; Thence: North 01 degrees 49 minutes 38 seconds East, with the west line of said 64.951 acre tract, and in Vaughan Road, a distance of 1016.73 feet (1012.66') to the POINT OF BEGINNING and containing 60.006 acres (59.951 Ac) ofland. Copylght 2022. Cax Land Survaylag Ca. BREGRBERPLM CK a 3 5 a 3 2 e a 2 8 9 B p 51 a - 2 OH Electric - Road m - Vaughan a O/H Electric Asphat Surfoced Public Road Maintained by County of Grayson # 35 S & - 2 : F 5 F E - a a - -' S - E I I - - E 5 a I 5 I e 9 - E e BANe NL 5 : 3 - i I I 24 I de I - 3 a - I S & ea x Wire Fance x & 953.70' Wire Fonce (953.37) E : So 022802 W E5.95 : $ 9 I E I 19. JB//Calder Jwy 2006 Find (I0OA W. Ag) I E R VBL4089 Ag234 OR. I 8 I 7 E B8 E 3 58 Bi - E - IL E E - a E N IRI I E I I 1 HI I I E I E 3 E I W IT I I D E S E I - I I I I - E I E I I - E I 5 I E IE I : E 9 I e 3 s B 6 3 - E E E A E - I I E - E3 a - I sa E I a : 5E R E5 E C I 1 I I I E - a5 - I E - 3 95) 9 I 5 L E E B: B I a 5 I : B E a I E 1 E - B - - o1 9 5 E E E % - P - E : I I I I I A I A 5 - E 3 I E E 0 85 5 I R I B E E 8 I is E à I LI E F I I 5 1 E 5, > F 8 - 1 s; a I df E I E 5 B I E n E E I E I I 1 I 3 la : * 3 A BLF I a E I E E D 1 E! I E 3 I E à S 5 E B 5 a 1 A 6 s A 1 E BH s a I A I N E B E E F E E Fi E I : - I I I I I I - - I / 9 I E I : 1 # E E E HP E - 9: E E - E of : I 6 - e I 21 I E 3 E I - N I E I I E7 E f E - E E I - I I B I 3 I - a B I E TES: E a F # R E * * PROPERTY DESCRIPTION * * All that certain tract or parcel of land situated in the Sarah Shoto Survey, Abstract Number 1079, County of Grayson, State of Texas, said tract being part of Tract One a called 64.951 acre tract and all of a 5.00 acre tract as described in Deed to Alta Louise Vaughan, filed 03 September 2004, and Recorded in Volume 3724 Page 801 of the Deed Records of the County of Grayson, State of Texas, and being more fully described as follows: Beginning for the northwest corner of the tract being described herein at a set PK Nail, said nail being the northwest corner of said Vaughan 5.00 acre tract, and on the west line of a tract as described in Deed to James Edward Kent et al, filed 02 February 2021, Instrument Number 2021-3955 of said Deed Records, and being on the east line of a tract as described in Deed to Marilynn I. Smith, Instrument Number 2017-281000 of said Deed Records, said nail also being in Vaughan Road; Thence: South 89 degrees 16 minutes 28 seconds East, with the north line of said Vaughan 5.00 Acre tract, a distance of 2648.46 feet to a Found % Inch Steel Square Tubing for the northeast corner of this tract, and the northeast corner of said Vaughan 5.00 acre tract; Thence: South 02 degrees 28 minutes 02 seconds West, with the east line of said Vaughan tracts, a distance of 685.96 feet to a Found % inch Square Tubing for the southeast corner of this tract, and the northeast corner of a 15 acre tract as described in Deed to AVIGHNA 262 LLC, filed 30 September 2022, Instrument Number 2022-32994 of said Deed Records; Thence: North 89 degrees 21 minutes 55 seconds West, with the north line of said AVIGHNA tract, a distance of 2641.93 feet to a Found PK Nail for the southwest corner of this tract, said nail being on the west line of said Vaughan 64.951 acre tract, and on the east line of a tract as described in Deed to James Rodney Bolin et ux Kimberly Bolin, filed 20 March 2000, Recorded in Volume 3037 Page 14 of said Deed Records, said nail also being in Vaughan Road; Thence: North 01 degrees 54 minutes 51 seconds East, with the west line of said Vaughan tracts, and in said road, a distance of 689.98 feet to the POINT OF BEGINNING and containing 41.762 acres of land. Corporations Section John B. Scott P.O.Box 13697 Secretary of State Austin, Texas 78711-3697 Office of the Secretary of State CERTIFICATE OF FILING OF 9 Star Golden Corridor Land Investments LLC File Number: 804552243 The undersigned, as Secretary of State of Texas, hereby certifies that a Certificate of Formation for the above named Domestic Limited Liability Company (LLC) has been received in this office and has been found to conform to the applicable provisions oflaw. ACCORDINGLY, the undersigned, as Secretary of State, and by virtue of the authority vested in the secretary by law, hereby issues this certificate evidencing filing effective on the date shown below. The issuance of this certificate does not authorize the use of a name in this state in violation of the rights of another under the federal Trademark Act of 1946, the Texas trademark law, the Assumed Business or Professional Name Act, or the common law. Dated: 05/04/2022 Effective: 05/04/2022 ANTE Op E X John B. Scott Secretary of State Come visit MS on the internet at tpr/Amwsosleasgow Phone: (512) 463-5555 Fax: (512) 463-5709 Dial: 7-1-1 for Relay Services Prepared by: Joshua McKeand TID: 10306 Document: 1145493190008 Secretary of State Filed in the Office of the P.O. Box 13697 Austin, TX 78711-3697 Secretary of State of Texas FAX: 512/463-5709 Filing #: 804552243 05/04/2022 Document #: 1145493190008 Certificate of Formation Image Generated Filing Fee: $300 Electronically Limited Liability Company for Web Filing Article 1 - Entity Name and Type The filing entity being formed is a limited liability company. The name of the entity is: 9 Star Golden Corridor Land Investments LLC Article 2 - Registered Agent and Registered Office A. The initial registered agent is an organization (cannot be company named above) by the name of: 9 Star Property Management LLC OR B. The initial registered agent is an individual resident of the state whose name is set forth below: C. The business address of the registered agent and the registered office address is: Street Address: 6545 Jamestown Rd Frisco TX 75035-75035 Consent of Registered Agent IA. A copy ofi the consent of registered agent is attached. OR B. The consent ofi the registered agent is maintained by the entity. Article 3 - Governing Authority KA. The limited liability company is to be managed by managers. OR B. The limited liability company will not have managers. Management of the company is reserved to the members. The names and addresses of the governing persons are set forth below: Manager 1: (Business Name) 9 Star Property Management LLC Address: 6545 Jamestown Rd Frisco TX, USA 75035-75035 Article 4 - Purpose The purpose for which the company is organized is for the transaction of any and all lawful business for which limited liability companies may be organized under the Texas Business Organizations Code. Supplemental Provisions /I Information The attached addendum, if any, is ncorporated herein by reference.] Initial Mailing Address Address to be used by the Comptroller of Public Accounts for purposes of sending tax information. The initial mailing address of the filing entity is: 6545 Jamestown Rd Frisco, TX 75035 USA Organizer The name and address of the organizer are set forth below. 9 Star Property Management LLC 6545 Jamestown Rd, Frisco, TX, 75035 Effectiveness of Filing MA. This document becomes effective when the document is filed by the secretary of state. OR B. This document becomes effective at a later date, which is not more than ninety (90) days from the date of its signing. The delayed effective date is: Execution The undersigned affirms that the person designated as registered agent has consented to the appointment. The jundersigned signs this document subject to the penalties imposed by law for the submission of a materially false or fraudulent instrument and certifies under penalty of perjury that the undersigned is authorized under the provisions of law governing the entity to execute the filing instrument. Abdul Azeez Shaik Signature of Organizer FILING OFFICE COPY N Corporations Section John B. Scott P.O.Box 13697 Secretary of State Austin, Texas 78711-3697 Office of the Secretary of State CERTIFICATE OF FILING OF 9 Star Property Management LLC File Number: 804552212 The undersigned, as Secretary of State of Texas, hereby certifies that a Certificate of Formation for the above named Domestic Limited Liability Company (LLC) has been received in this office and has been found to conform to the applicable provisions of law. ACCORDINGLY, the undersigned, as Secretary of State, and by virtue of the authority vested in the secretary by law, hereby issues this certificate evidencing filing effective on the date shown below. The issuance of this certificate does not authorize the use of a name in this state in violation of the rights of another under the federal Trademark Act of 1946, the Texas trademark law, the Assumed Business or Professional Name Act, or the common law. Dated: 05/04/2022 Effective: 05/04/2022 Op - ANTE John B. Scott Secretary of State Come visit us on the internet at pspsosicagoN, Phone: (512) 463-5555 Fax: (512) 463-5709 Dial: 7-1-1 for Relay Services Prepared by: Tamara Schoonmak TID: 10306 Document: 1145493190007 Secretary of State Filed in the Office of P.O. Box 13697 the Austin, TX 78711-3697 Secretary of State of Texas FAX: 512/463-5709 Filing #: 804552212 05/04/2022 Document #: 1145493190007 Certificate of Formation Generated Filing Fee: $300 Image Electronically I Limited Liability Company for Web Filing Article 1 - Entity Name and Type The filing entity being formed is a limited liability company. The name of the entity is: 9 Star Property Management LLC Article 2 - Registered Agent and Registered Office DA. The initial registered agent is an organization (cannot be company named above) by the name of: OR B. The initial registered agent is an individual resident of the state whose name is set forth below: Name: Abdul Azeez Shaik C. The business address of the registered agent and the registered office address is: Street Address: 6545 Jamestown Rd Frisco TX 75035-75035 Consent of Registered Agent JA. A copy of the consent of registered agent is attached. OR B. The consent of the registered agent is maintained by the entity. Article 3 - Governing Authority EA. The limited liability company is to be managed by managers. OR B. The limited liability company will not have managers. Management of the company is reserved to the members. The names and addresses of the governing persons are set forth below: Manager 1: Abdul Azeez Shaik Title: Manager Address: 6545 Jamestown Rd Frisco TX, USA 75035-75035 Article 4 - Purpose The purpose for which the company is organized is for the transaction of any and all lawful business for which limited liability companies may be organized under the Texas Business Organizations Code. Supplemental Provisions / Information The attached addendum, if any, is incorporated herein by reference.] Initial Mailing Address Address to be used by the Comptroller of Public Accounts for purposes of sending tax information. The initial mailing address of the filing entity is: 6545 Jamestown Rd Frisco, TX 75035 USA Organizer The name and address of the organizer are set forth below. Abdul Azeez Shaik 6545 Jamestown Rd, Frisco, TX, 75035 Effectiveness of Filing A. This document becomes effective when the document is filed by the secretary of state. OR B. This document becomes effective at a later date, which is not more than ninety (90) days from the date of its signing. The delayed effective date is: Execution The undersigned affirms that the person designated as registered agent has consented to the appointment. The undersigned signs this document subject to the penalties imposed by law for the submission of a materially false or fraudulent instrument and certifies under penalty of perjury that the undersigned is authorized under the provisions of law governing the entity to execute the filing instrument. Abdul Azeez Shaik Signature of Organizer FILING OFFICE COPY EXHIBIT L RECEIVED DEC - 6 2024 Release from Extraterritorial Jurisdiction (ETJ) Petition APPLICANT / OWNER Applicant or Authorized Agent Owner Name: Abdul Azeez Name: SREERAMAGIRILAKSHMI SOWMYA, Company:: 9s star Texas Land Development Company Company: SREERAMAGIRI SANDEEP VENKATAL Address:: Address:: Telephone: Telephone: Email: Email: Signature: D,0,B. Signature: D.OB SKARAgg - - 12/06/20244 12/02/2024 SITE INFORMATION Number of properties within the area to be released: - General location or address of area to be released: PIKE RD GUNTER TX 75058 Total Acres to be released: 7Acres County of Request Grayson County REQUIRED ITEMS FOR PETITION (Applicant must initial next to each item) X Completed Application Exact Property description in the: form of: 1) Metes and Bounds, or 2) Identification oft the property and X (Lot Block) on al Recorded Plat X Signed' "Release from ETJ Petition" (see next page) 50% of all owners within the area to be: released must provide a NOTARIZED signature Ifproperty is owned by an entity, estate, trust, etc. - provide proof of authority to sign on behalf of the entity, estate, trust, etc. Ifo current ownership differs from data available on the Appraisal District website provide deed(s) as proof of ownership Owners signature required: &p 2fuzpsz4 t2fo2f2025 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE S 1189 SESEASSSASERSASEES EGSERSERSESERSESEEXXXXEXAESESESRSESEX 6 KXNKSAXNSX A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California / County of SAN DIEGO On 12/02/2024 before me, IMAD M. CHAERI NOTARY PUBLIC Date Here. Insert Name and Title of the Officer personally appeared lakshmi Sowmya Srees camagifi Name(s) of Signer(s) Sandeep- Venkata L Sreerav ma gifi who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ig/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hjs/hpt/their authorized capacity(ies), and that by hjg/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. A IMAD M, CHAER WITNESS my hand aneofficial seal. A COMM # 2425140 SAN DIEGO County California Notary Public: Shr Signature OR Comm Exp Nov. 4, 2026 Signature of Notary Public Place Notary Seal. Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Ke ease from ETS Ke A on Document Date: 1210212024 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: Corporate Officer Title(s): - Corporate Officer Title(s): Partner Limited General Partner Limited General Individual Attorney in Fact Individual Attorney in Fact Trustee Guardian or Conservator Trustee Guardian or Conservator Other: Other: Signer Is Representing: Signer Is Representing: XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXX 02016 National Notary Association www.MationalNotary.org . 1-800-US NOTARY 1-800-876-6827) Item #5907 - - 1 % f % 3 - 9 df 4 2 a 9 & a 2 to a le 3 9 3 o S 5 a E - a - 8 R E E N 1 1 - E lE 3 RAR Pike Road 293 V Asphalt Surfoced Public Rood Vainlains by Counly a Grgyson a 3022" 80.86 (589.98) a e e uopanA PB7 XOGcon PU Kevor a PS saiden PU sden D4, I ZA a I 8 PHpo s Pydous 3 PHS punos E 11 a E a 3: 3 a 53 I E I : i 1 5 9 i 1 E S 1 à 1 1 a 1 : a E 2 : 1 a € * à I 5 a : s a 4 T : - : a I a I : : à ki E 3 E - - : e 39 4 E R : E E : u E : 3 E 1 3 E e : & 3 - 5 : 6 I 3 e I A317 & E axay oV G20B9) 20189 3. .0S,0E.00 N e € 0 5 9 pge 24 ohecse CI7 Haa32bs 09 Bvyanrg puoy xog EZOZ buides * * PROPERTY DESCRIPTION * * All that certain tract or parcel ofland situated in the William Campbell Survey, Abstract Number 253, County of Grayson, State ofTexas, said tract being part ofa tract as described in Deed to Zack G. McConnell, filed 28 June 2019, Instrument Number 2019-15276 of the Deed Records of the County of Grayson, State ofTexas, and being more fully described as follows: Beginning for the northeast corner of the tract being described herein at a found PK Nail, said nail being the northeast corner of said McConnell tract, and being the southeast corner of a tract as described in Deed to 9 Star Premium Land Gunter Investments. LLC, filed. 27 April 2023, Recorded at 2023-10836 of said Deed Records, said nail also being in the west line of a tract as described in Deed to Troyce Lee Haker, Filed 20 April 2011, Recorded in Volume 4955, Page 29 of said Deed Records, and being in Pike Road (Asphalt Surfaced); Thence: South 01 degrees 30 minutes 22 seconds West, with the east line of said McConnell tract, and the west line of said Haker tract, and in said Pike Road, a distance of 246.92 feet to a Set PK Nail for the southeast corner of this tract; Thence: South 89 degrees 361 minutes 25 seconds West, and passing at 25 feet to a Set % Inch Steel Square Tubing on the west side of said Pike Road and continuing said course for a total distance of 1233.42 feet to a Set % Inch Steel Square Tubing for the southwest corner of this tract; Thence: North 00 degrees 30 minutes 50 seconds East, a distance of246.82 feet to a Found 1 Inch Steel Rebar: fori the northwest corner of this tract, said rebar also being the southwest corner of said9 Star tract; Thence: North 89 degrees 36 minutes 25 seconds East, with the north line of said McConnell tract, and the south line ofs said 9 Star tract, and passing at 1212.70 feet to a. Found % Inch Steel Rebar and continuing said course for a total distance of 1237.71 feet to the POINT OF BEGINNING and containing 7.000 acres of land. EXHIBIT M RECEIVED DEC 31 2024 December 31, 2024 VIA CERTIFIED MAIL to P.O.Box 349, Gunter, TX 75058 with RRR: 9589 07f0 5270 1305 8171 4 VIA EMAIL: asstarvegumersus City Secretary, 105 N Fourth St, Gunter, TX 75058 Re: Request for Release from Extraterritorial Jurisdiction (ETJ) - 1394 Pike Rd Dear Ms Gaines: am writing to formally request the release of my property from the City of Gunter's Extraterritorial Jurisdiction (ETJ). The property in question is located at 1394 Pike Rd, Gunter, TX 75058 and is legally described as A HARTFIELD SUR Survey: 490 Acres: 26.87. Full Legal description of the property along with the survey is attached. Reasons for requesting this release: 1. The property is located on the outskirts of Gunter's ETJ 2. The property would be better served under county jurisdiction 3. The current ETJ status creates additional regulatory requirements that impact our property development plans for our sports center The release of this property from Gunter's ETJ would: Allow for more efficient development of our outdoor sports center Reduce administrative complexity Better align with the property's current use and future plans I understand this request requires council consideration and am happy to provide any additional information needed to process this request. Sincerely, Shyam Tummala Managing Partner yûw Address: Gunter Sports Center LLC, % Shyam Tummala 12/31 2024 Cell : E-mail: guntersportscenter@gmal.com 12:30Pm: Enclosures: Dale : w o bisth Property Survey and Legal Description MACKEY ROAD > 3 . A /> "Rem.-TTcNo.2 6334Ag: R Sy X J.P.N Normanetux 3 0 BobtyackN "39.7874Ac." Noman Alon.ayNoman 1o 3 6 to Vol.1 1343,Fg. 488 4 "BOAc." JamesB. Connaday May7,1976 Dorathyh MaylHedrick Vol.3 3053, La! Roy) etal March2 X Matts Vol.1 1887, P9.222 NORTH a Jan. 12,1 1987 A MS Sel 0 > $894932"E E - 12"Re e SpileNalSer 1390.63 3 1 h 1 Scale: I" = 300' K A - à 26.87 Acres SeDetail 3 3p'x40 Deta I i - Mela/Gaage X5 TactNo. One- 88A Ac." ! a CoraB Bombarger lo do tS OrheadBe Servicelina 1394.80' E Vol. Donw.Taylor 1030, Pg.589 21 12Pipeca. Past NE 89*49'32" W 12R Rebar Fnd. May5. 1965 1 @26'0S a 3 € i2'RobarFnd. Ranch off Preston 8 Hidden! Lakes! Sectionl Thret, 2 Vol.1L,P Pg.52 3 A e BearingBase Centerline PikeRd. Eastl Line3 39.7874-Ac.7 Tract Vol. 3053,Pg.7 211 SARTIN & ASSOCIATES, IN C. Registered Professional Land Surveyors P.0. Box 1843 109 S. Travis Sherman, Texas 75091-1843 phone (903)892-8003 fax (903)868-2970 SURVEY FOR:_ PHILIP ALLEN RICH & ANGELIA MARIE RICH I, Marshall Sartin, Registered Professional Land Surveyor, hereby certify that a survey of the property shown hereon was made on the ground on the 14 th day of: Octoberi 2002 of the following described property: (LEGAL DESCRIPTION ATTACHED) That the improvements located on said property are known as 1394 PIKE ROAD, GUNTER, TEXAS and that this survey substantially complies with the current Minimum Standards for Professional Land Surveyors as adopted by the Texas Board of Professional Land Surveying. ST PAR GR The improvements .shown hereon S4A876 erio "were located on the ground on T the 24 th day of April, 2003 ax a from a survey of the 26.87 Marshall Sartin acre tract made on the ground R.P.L.S. : 3694 on the 14 th day of October, 2002. RP o MARSHALL SARTIN P 3694 - Ridk Culn mRich 1394PIKEncs & E 5-1-03 SARTIN & ASSOCIATE S, INC. Registered Professional Land Surveyors P.O. Box 1843 - 109 S. Travis Sherman, Texas 75091-1843 phone (903)892-8003 fax (903)868-2970 SITUATED in the County of Grayson, State of Texas, being a part of the ASA HARTFIELD SURVEY, Abstract No. 490, being a part of a called 53-3/4 acre tract of land described in Tract No. 2 in deed from J. P. Norman, et. ux to Alton Jay dated May 7, 1976, recorded in Volume 1343, Norman, Records, Grayson County,. Texas and Page 488, Deed being more particularly described by metes and bounds as follows to-wit: BEGINNING at a found 1/2 - inch rebar the Southwest corner of said 53-3/4 acre tract, maintaining the Northwest corner of. Hidden Lakes Ranch Off Preston, Section Three Addition to Grayson County, Texas as shown by plat of record in Volume 11, Page 52, Plat Records, Grayson County, Texas: on the most Easterly East line of an 88 acre tract of Iand described in Tract No. One in deed from Cora Bombarger to Don W. recorded in Volume 1030, Page 589, Deed Records, Taylor, Grayson County, Texas and in the center of a public road known as Pike Road; THENCE North 00 deg. 13 min. 31 sec. East, with the center of said Pike Road, the West line of said 53-3/4 acre tract, the most Easterly East line of said 88 acre tracti passing its most Easterly Northeast corner, the Southeast corner of a 39.7874 acre tract of land conveyed by Bobby Jack Norman to James B. Cannaday by. deed dated March. 27, 2001, recorded in Volume 3053, Page 211, Official Public Records, Grayson County, Texas and continuing with the East line of said.3 39.7874 acre tract for a total distance of 840.54 feet to a set spike nail; THENCE South 89 deg. 49 min. 32 sec. Basti at a distance of 25 feet passing a set 1/2 inch rebar on the East side of said Pike Road and continuing for a total distance of 1390.63 feet to a set 1/2 inch rebar on the East line of said 53-3/4 acre tracti the most Easterly East line of said Hartfield Survey, a West line of the John Blundell Survey, Abstract No. 490, the West line of an 80 acre tract of land conveyed by Dorothy May Hedrick to. Roy Martin Hedrick, et al by deed dated January 12, 1987, recorded in Volume 1887, Page 222, Real Property Records, Grayson Countyi Texas; THENCE South 00 deg. 03 min. 33 sec. East, with the general line of a fencer the East line of said 53-3/4 acre tracti the most Easterly East line of said Hartfield Survey, a West line of said Blundell Survey, the West line of said 80 acre tracti a distance of 840.55 feet to a found 1/2 inch rebar at the base of a fence corner post, said rebar maintaining the Southeast corner of said 53-3/4 acre tract, the Southwest 2 corner of said 80 acre tract, on the most Northerly North line of said Hidden Lakes Ranch Off Preston, Section Three Addition; THENCE North 89 deg- 49 min. 32 sec- West, with the general line of a fence, the South line of said 53-3/4 acre tract, the most Northerly North line of said Hidden Lakes Ranch Off Preston, Section Three Addition at a distance of 1368.80 feet passing a pipe corner post on the East side of said Pike Road and continuing for a total distance of 1394.80 feet to the PLACE OF BEGINNING and containing 26.87 ACRES OF LAND more or less- I, Marshall Sartin, Registered Professional Land Surveyor, hereby certify. that a survey of the property legally described hereon was made on the ground on the 14 th day of October, 2002 and that this survey substantially complies with e 4.6 current Minimum Standards for Professional Land Surveyos a E TEL 4 adopted by the Texas Board of Professional Land Suryéyingk, S Q (, MARSHALL SARTIN - A 2 3694 Marshall Sartin, R.P.L.S. P ESSIC 6 % C da 4 E 1YO CITY COUNCIL MEETING GUNGERI July 3, 2025 EST. 1901 6:00 PM AGENDA ITEM #5 General discussion regarding Sunset Ranch Municipal Utility District and other MUDs. AGENDA ITEM SUMMARY/BACKGROUND: PRESENTED BY: Karen Souther, Mayor FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See Attachments E IYE O CITY COUNCIL MEETING GUNGERI July 3, 2025 EST. 1901 6:00 PM AGENDA ITEM #6 General discussion regarding City Services, Interlocal Agreements (ILAs) and High-Density areas. AGENDA ITEM UNMARYBACKGROINP: PRESENTED BY: Karen Souther, Mayor FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See Attachments a TyON CITY COUNCIL MEETING GUNERI July 3, 2025 EST. 1901 6:00 PM AGENDA ITEM #7 Discussion regarding Legislative Updates with City Attorney. AGENDA ITEM SUNMARYBACKGROUNP: PRESENTED BY: Karen Souther, Mayor Courtney Morris, City Attorney FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See Attachments E YON CITY COUNCIL MEETING GUNGERI July 3, 2025 EST. 1901 6:00 PM AGENDA ITEM #8 Discuss, consider, and act upon ratifying an Interlocal Agreement (ILA) with Grayson County for Asphalt Patch Repair of Block Road. AGENDA ITEM SUMMARYBACKCROUND: Attached is ILA #2025-PCT1-024 for the Asphalt Patch Repairs on Block Road. The cost for patch repairs is $6,124.44 and will begin repairs on Monday, June 30. They are going to start from HWY 121 and move south down the road. The City's portion should be completed by Monday and hopefully get most of the County's portion complete down to Hunt. PRESENTED BY: Karen Souther, Mayor FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See Attachments ILA# 2025-PCTI-024 INTERLOCAL AGREEMENT BETWEEN GRAYSON COUNTY, TEXAS AND THE CITY OF GUNTER, TEXAS REGARDING ASPHALT PATCH REPAIRS FOR BLOCK ROAD This Interlocal Agreement Regarding Asphalt Patch Repairs for Block Road (the "Agreement"): is made and entered into as of June 27 2025 (the "Effective Date"), by and between Grayson County, Texas, a political subdivision ofthe State of Texas (the "County"), and the municipality of Gunter, Texas (the "City"), a political subdivision of the State ofTexas (each a "Party, 29 and collectively, the "Parties"). RECITALS WHEREAS, the County and City are each a local government as defined by Chapter 791 of the Texas Government Code (the "Act"), and as such are lawfully permitted to enter into an interlocal agreement; and WHEREAS, the City has determined that the Asphalt Patch Repairs may be constructed most economically by implementing this Agreement; and WHEREAS, the County has determined that the Asphalt Patch Repairs serve a benefit to the residents ofthe County; and WHEREAS, the Parties have agreed that the County shall perform Asphalt Patch Repairs along Block Road located inside the incorporated limits ofthe City and more particularly depicted in Exhibit "A" attached hereto (the Asphalt Patch Repairs"); and WHEREAS, the Parties have agreed that the City shall pay $6,124.44 to the County for completing the Asphalt Patch Repairs and more particularly depicted in Exhibit "B" attached hereto (the "Estimate"); and WHEREAS, the Parties have determined and hereby represent that they are authorized and empowered to make, execute and deliver this Agreement; that the terms, conditions and provisions oft this Agreement are: mutually agreeable, fair and advantageous to the Parties; and that they desire to enter into this Agreement for the purpose of setting forth the specific terms and conditions upon which the Asphalt Patch Repairs will be funded and constructed. AGREEMENT NOW THEREFORE, in consideration of the mutual promises, obligations, and benefits contained herein, the County and the City agree as follows: Page 1 of8 ILA# 2025-PCT1-024 ARTICLE I CONSTRUCTION OF ASPHALT PATCH REPAIRS 1.1 Construction. The Asphalt Patch Repairs shall be constructed by the County in compliance with the County's applicable ordinances, rules, and regulations (in existence as of the time that construction oft the Asphalt Patch Repairs commences) and the rules and regulations of any other agencies having jurisdiction (in existence as of time that construction of the Asphalt Patch Repairs commences). 1.2 Commencement of Construction. After the Effective Date of this Agreement, the County shall commence construction ofthe. Asphalt Patch Repairs at the sole discretion ofthe County in accordance with the scheduling availability of the County. 1.3 Completion of Construction. The construction of the Asphalt Patch Repairs shall be deemed completed once the work is determined to be completed by the County. ARTICLE II FUNDING OF CONSTRUCTION COSTS 2.1 Payment. Within forty-five (45) days after the completion of construction of the Asphalt Patch Repairs ofthis Agreement, the City shall pay the County up to the amount agreed upon in the Estimate, including the addition ofa any and all Addendums ratified after the Effective Date, as invoiced by the County to the City (collectively the "Payment"). ARTICLE III TERM & TERMINATION 3.1 Term. This Agreement shall be effective as of the Effective Date and shall continue in full force and effect thereafter until the termination of this Agreement pursuant to Section 3.2. 3.2 Termination. This Agreement shall automatically terminate on September 30, 2025. ARTICLE IV MISCELLANEOUS 4.1 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 existing at law or in equity may be availed of by any Party and shall be cumulative. Recognizing, however, that each Party's undertakings herein 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 specific performance in addition to any other legal or equitable remedy that may also be available to them. Notwithstanding any provision to the contrary contained in this Agreement, no Party indemnifies the other. In no event shall either Party be liable for any special, punitive, indirect, or consequential damages, including damages attributable to loss of use, loss of income, or loss of profit even if such Party has been advised of the possibility of such damages. Page 2 of8 ILA# 2025-PCT1-024 4.2 Limited Waiver of Immunity. It is understood that by execution of this Agreement the. Parties do not waive or surrender any oftheir governmental powers, immunities, or rights. The Parties waive their respective governmental immunity from suit and liability only as to any action brought by the other Party to pursue the remedies available under this Agreement and only to the extent necessary to pursue such remedies. Nothing in this Section shall waive any claims, defenses, or immunities that the Parties have with respect to suits against each Party by persons or entities not a party to this Agreement. 4.3 No Additional Waiver Implied. No waiver or waivers of any breach or default, nor any breaches or defaults, by any Party hereto of any term, covenant, condition, or liability hereunder, or of performance by any other Party of any duty or obligation hereunder, shall be deemed or construed to be a waiver of subsequent breaches or defaults of any kind, under any circumstances. 4.4 Notice. Any notice, request, demand, instruction, or other communication required or permitted to be given to the County or the City under this Agreement shall be in writing and shall be either (i) personally delivered to the parties named below by a commercial messenger service regularly retaining receipts for such delivery; (ii) sent by: registered or certified mail, return receipt requested, effective upon deposit; (ini) delivered by a reputable overnight courier service, effective upon delivery thereof to the carrier; or (iv) sent by electronic mail with confirmation of transmission, and shall be addressed to the parties as listed below: To Grayson County: Grayson County, Texas 100 W. Houston St. Sherman, TX 75090 Attention: Hon. Bruce W. Dawsey Email: medasy@agyonres With a Copy to: Attn: Email: To City of Gunter: City of Gunter, Texas 105 N. 4th Street Gunter; TX 75058 Attn: Hon. Karen Souther Email: arensouhier@ciguteus 4.5 Entire Agreement. This Agreement forms the sole and entire understanding of the Parties regarding the road improvements, superseding all prior agreements or discussions, and may be amended only by a writing signed by both Parties. Page 3 of8 ILA# 2025-PCT1-024 4.6 Attorneys' Fees. In the event any. Party to this Agreement brings suit against another Party in respect of any matters provided for herein, the prevailing Party shall be entitled to recover from such other Party its costs of court, legal expenses, and reasonable attorneys' fees in connection with such suit. 4.7 Severability. If a court of competent jurisdiction finds any provision of this Agreement invalid or unenforceable, the remaining provisions of this Agreement shall remain unaffected thereby, in full force and effect; and in that event, the Parties shall make good faith efforts to find and employ alternative means to achieve the same or substantially the same results as that contemplated by such invalid or unenforceable provision. 4.8 Assignability. This Agreement shall not be assignable by any Party without the prior written consent of the other Party, which consent shall not be unreasonably withheld or delayed. 4.9 Applicable Law. This Agreement is performable in Grayson County, Texas and shall be governed by and construed in accordance with the laws ofthe State of Texas. Venue shall be in Grayson County, Texas 4.10 Force Majeure. Ifany Party is unable to perform an obligation under this Agreement (other than monetary obligations) by reason of Force Majeure, then the obligation of such Party, as appropriate, shall be extended or postponed for the period of the actual delay caused by such Force Majeure. The phrase "Force Majeure" shall mean the inability to perform a duty or an obligation due to causes or occurrences which are outside of the control of the Party whose obligation is postponed and could not be avoided by the exercise of due care on the part of such Party, such as acts of God, pandemics, fires, floods, labor disputes, or strikes. 4.11 Modification. This Agreement shall be subject to change or modification only with the mutual consent of the governing bodies of each Party hereto. 4.12 Paragraph Headings. The paragraph headings contained in this Agreement are for convenience only and shall in no way enlarge or limit the scope or meaning of the various and several paragraphs hereof. 4.13 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterparts may be removed from such counterparts and such signature pages all attached to a single instrument SO that the signatures of all Parties may be physically attached to a single document. [SIGNATURE PAGES TO FOLLOW] Page 4 of 8 ILA# 2025-PCTI-024 EXECUTED on the 8th day of July 2025, to be effective as of the Effective Date. GRAYSON COUNTY, TEXAS By: Name: Bruce W. Dawsey Title: County Judge Date: ATTEST: By: Name: Deana Patterson Title: County Clerk Date: Page 5 of8 ILA# 2025-PCT1-024 CITY OF GUNTER, TEXAS By: Name: Title: Date: ATTEST: By: Name: Title: Date: Page 6 of8 ILA# 2025-PCTI-024 EXHIBIT "A" Block Road, incorporated City Limits ofGunter, TX E21 EMain St a Page 7 of8 ILA# 2025-PCT1-024 EXHIBIT "B" Grayson County Estimate #: Precinct 1 2025035. 1312E1 FM 1417 Sherman, Texas 75090 Customer: 903.893.2033 Çity of Gunter Estimate Date: 6/26/2025 Block Rd: Cost per Unit Quantily Asphalt $83.00 pert ton 50 $4.150.00 Dump Truck noy yd) $7T4.83" per hr 4 $459.32 Motor Grader $207.74 per hr 4 $830.96 Steel Wheei Roller $104,73 per hr 4. $418.92 Truok &F Foreman $67.78 per hr' 1 $67,78 Backhoe $98.73 per hr 2 $197,46 $6,124.44 "Total Estiamte: $6,124.44 *Please noté this total is an estimaie only and is subject to change due to material cost increase. Page 8 of8 E TYO CITY COUNCIL MEETING GUNAERI July 3, 2025 EST. 1901 6:00 PM AGENDA ITEM #9 Discuss, consider, and act upon an Interlocal Agreement (ILA) with Grayson County for Annual Pothole Patching. AGENDA ITEM SIMMARYBACKGROINP: Attached is the estimate for 20 hours of pothole patching that we can do on an annual basis. The cost for the 20 hours is $5,935.70 and they can be paid out monthly when used. The agreement may not use all the hours in a given year, but the city would only pay for the amount of hours used. PRESENTED BY: Karen Souther, Mayor FINANCIAL IMPACT: N/A LEGAL: REVIEW: N/A ATTACHMENTS: See Attachments ILA# 2025-PCT1-025 INTERLOCAL AGREEMENT BETWEEN GRAYSON COUNTY, TEXAS AND THE CITY OF GUNTER, TEXAS REGARDING ANNUAL POT HOLE PATCHING FOR VARIOUS ROADS LOCATED IN THE CITY LIMITS OF GUNTER This Interlocal Agreement Regarding Annual Pot Hole Patching for various roads located in the City Limits of Gunter (the "Agreement") is made and entered into as of June 27 2025 (the "Effective Date"), by and between Grayson County, Texas, a political subdivision ofthe State of Texas (the "County"), and the municipality of Gunter, Texas (the "City"), a political subdivision of the State of Texas (each a "Party, 22 and collectively, the "Parties"). RECITALS WHEREAS, the County and City are each a local government as defined by Chapter 791 of the Texas Government Code (the "Act"), and as such are lawfully permitted to enter into an interlocal agreement; and WHEREAS, the City has determined that the Annual Pot Hole Patching may bej performed most economically by implementing this Agreement; and WHEREAS, the County has determined that the. Annual Pot Hole Patching serves a benefit to the residents of the County; and WHEREAS, the Parties have agreed that the County shall perform up to 20 hours of the Annual Pot Hole Patching along various roads located inside the incorporated limits of the City (the "Annual Pot Hole Patching"); and WHEREAS, the Parties have agreed that the City shall pay $5,935.70 to the County for completing 20 hours of the Annual Pot Hole Patching and more particularly depicted in Exhibit A" attached hereto (the Estimate"); and WHEREAS, the Parties have determined and hereby represent that they are authorized and empowered to make, execute and deliver this Agreement; that the terms, conditions and provisions ofthis Agreement are mutually agreeable, fair and advantageous to the Parties; and that they desire to enter into this Agreement for the purpose of setting forth the specific terms and conditions upon which the Annual Pot Hole Patching will be funded and constructed. Page 1 of 8 ILA# 2025-PCT1-025 AGREEMENT NOW THEREFORE, in consideration of the mutual promises, obligations, and benefits contained herein, the County and the City agree as follows: ARTICLE I CONSTRUCTION OF ANNUAL POT HOLE PATCHING 1.1 Construction. The Annual Pot Hole Patching shall be performed by the County in compliance with the County's applicable ordinances, rules, and regulations (in existence as of the time that construction of the Annual Pot Hole Patching commences) and the rules and regulations of any other agencies having jurisdiction (in existence as of time that construction of the Annual Pot Hole Patching commences). 1.2 Commencement of Construction. After the Effective Date of this Agreement, the County shall commence construction and performance of the Annual Pot Hole Patching at the sole discretion of the County, with preference of listed roads from the City, in accordance with the scheduling availability of the County. 1.3 Completion of Construction. The construction and performance of the Annual Pot Hole Patching shall be deemed completed once the work is determined to be completed by the County. ARTICLE II FUNDING OF CONSTRUCTION COSTS 2.1 Payment. Within forty-five (45) days after the completion of construction of the Annual Pot Hole Patching of this Agreement, the City shall pay the County up to the amount agreed upon in the Estimate, including the addition of any and all Addendums ratified after the Effective Date, as invoiced by the County to the City (collectively the Payment"). 2.2 Monthly Payment. If construction and performance ofi the Annual Pot Hole Patching is started but not completed by the last day of each respective calendar month, Payment for construction shall be issued for the hours of construction performed for that respective calendar month in accordance to the same time line as Section 2.1. ARTICLE III TERM & TERMINATION 3.1 Term. This Agreement shall be effective as oft the Effective Date and shall continue in full force and effect thereafter until the termination of this Agreement pursuant to Section 3.2. 3.2 Termination. This Agreement shall automatically terminate on September 30, 2025, or when the allotted number of construction hours are completed, whichever comes first. Page 2 of 8 ILA# 2025-PCT1-025 ARTICLE IV MSCELLANEOUS 4.1 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 existing at law or in equity may be availed of by any Party and shall be cumulative. Recognizing, however, that each Party's undertakings herein 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 specific performance in addition to any other legal or equitable remedy that may also be available to them. Notwithstanding any provision to the contrary contained in this Agreement, no Party indemnifies the other. In no event shall either Party be liable for any special, punitive, indirect, or consequential damages, including damages attributable to loss of use, loss of income, or loss of profit even if such Party has been advised of the possibility of such damages. 4.2 Limited Waiver of Immunity. It is understood that by execution of this Agreement the Parties do not waive or surrender any oft their governmental powers, immunities, or rights. The Parties waive their respective governmental immunity from suit and liability only as to any action brought by the other Party to pursue the remedies available under this Agreement and only to the extent necessary to pursue such remedies. Nothing in this Section shall waive any claims, defenses, or immunities that the Parties have with respect to suits against each Party by persons or entities not aj party to this Agreement. 4.3 No Additional Waiver Implied. No waiver or waivers of any breach or default, nor any breaches or defaults, by any Party hereto of any term, covenant, condition, or liability hereunder, or of performance by any other Party of any duty or obligation hereunder, shall be deemed or construed to be a waiver of subsequent breaches or defaults of any kind, under any circumstances. 4.4 Notice. Any notice, request, demand, instruction, or other communication required or permitted to be given to the County or the City under this Agreement shall be in writing and shall be either (i) personally delivered to the parties named below by a commercial messenger service regularly retaining receipts for such delivery; (ii) sent by registered or certified mail, return receipt requested, effective upon deposit; (1ni) delivered by a reputable overnight courier service, effective upon delivery thereof to the carrier; or (iv) sent by electronic mail with confirmation of transmission, and shall be addressed to the parties as listed below: To Grayson County: Grayson County, Texas 100 W. Houston St. Sherman, TX 75090 Attention: Hon. Bruce W. Dawsey Email: nedny@eogryensus Page 3 of8 ILA# 2025-PCT1-025 With a Copy to: Attn: Email: To City of Gunter: City of Gunter, Texas 105 N. 4th Street Gunter, TX 75058 Attn: Hon. Karen Souther Email: larmsouher@eiguteikus 4.5 Entire Agreement. This Agreement forms the sole and entire understanding of the Parties regarding the road improvements, superseding all prior agreements or discussions, and may be amended only by a writing signed by both Parties. 4.6 Attorneys' Fees. In the event any. Partyt to this Agreement brings suit against another Party in respect of any matters provided for herein, the prevailing Party shall be entitled to recover from such other Party its costs of court, legal expenses, and reasonable attorneys' fees in connection with such suit. 4.7 Severability. If a court of competent jurisdiction finds any provision of this Agreement invalid or unenforceable, the remaining provisions of this Agreement shall remain unaffected thereby, in full force and effect; and in that event, the Parties shall make good faith efforts to find and employ alternative means to achieve the same or substantially the same results as that contemplated by such invalid or unenforceable provision. 4.8 Assignability. This Agreement shall not be assignable by any Party without the prior written consent of the other Party, which consent shall not be unreasonably withheld or delayed. 4.9 Applicable Law. This Agreement is performable in Grayson County, Texas and shall be governed by and construed in accordance with the laws ofthe State of Texas. Venue shall be in Grayson County, Texas 4.10 Force Majeure. If any Partyis unable to perform an obligation under this Agreement (other than monetary obligations) by reason of Force Majeure, then the obligation of such Party, as appropriate, shall be extended or postponed for the period of the actual delay caused by such Force Majeure. The phrase "Force Majeure" shall mean the inability to perform a duty or an obligation due to causes or occurrences which are outside of the control of the Party whose obligation is postponed and could not be avoided by the exercise of due care on the part of such Party, such as acts ofGod, pandemics, fires, floods, labor disputes, or strikes. Page 4 of 8 ILA# 2025-PCT1-025 4.11 Modification. This Agreement shall be subject to change or modification only with the mutual consent of the governing bodies of each Party hereto. 4.12 Paragraph Headings. The paragraph headings contained in this Agreement are for convenience only and shall in no way enlarge or limit the scope or meaning of the various and several paragraphs hereof. 4.13 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterparts may be removed from such counterparts and such signature pages all attached to a single instrument SO that the signatures of all Parties may be physically attached to a single document. SIGNATURE PAGES TO FOLLOW] Page 5 of 8 ILA# 2025-PCT1-025 EXECUTED on the 8th day of July 2025, to be effective as of the Effective Date. GRAYSON COUNTY, TEXAS By: Name: Bruce W. Dawsey Title: County Judge Date: ATTEST: By: Name: Deana Patterson Title: County Clerk Date: Page 6 of8 ILA# 2025-PCT1-025 CITY OF GUNTER, TEXAS By: Name: Title: Date: ATTEST: By: Name: Title: Date: Page 7 of8 ILA# 2025-PCT1-025 EXHIBIT "A" Grayson County Precinct 1 Estimate # 2025036 1312E FM 1417 Sherman, Texas 75090 Customer; 903.893.2033 City of Gunter Estimate Date;" 6/26/2025 Pot Hole Patching: 20 Hours Cost per Unit Quantily 3/B Chip Rock $18.50 peri fon 25 $462.50 Trucking Rock $20.05 per fon 25 $501.25 Oi $2.47 per gal 625 $1,543.75 Pot Hole Patcher $171.41 perhr 20 $3,428.20 $5,935:70 *Total Estimate: $5,935:70 Page 8 of 8 E nyO CITY COUNCIL MEETING GUNGAERI July 3, 2025 EST. 1901 6:00 PM AGENDA ITEM #10 Discuss, consider, and act upon accepting the First Amendment to Development Agreement by and between BNSF Development Co. LLC, BNSF Railway Company, BN Leasing Corporation, and the City of Gunter. AGENDA ITEM SUNMARYBACKGROURP: PRESENTED BY: Karen Souther, Mayor Courtney Morris, City Attorney FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See Attachments E I YI I CITY COUNCIL MEETING July 3, 2025 GUNAERI EST. 1901 6:00 PM AGENDA ITEM #11 COUNCIL BUSINESS EXECUTIVE SESSION Pursuant to Chapter 551, Texas Government Code, The Council will convene into executive session (closed meeting) to discuss the following: A. $ 551.071: Consultation with the City Attorney on a matter in which the duty ofthe attorney to the governmental body under the Texas Disciplinary Rules of] Professional Conduct ofthe State Bar ofTexas clearly conflicts with the Texas Open Meetings Act regarding pending or contemplated litigation; or a settlement offer re: a. BNSF b. Discussion regarding Contemplated Litigation which may not be disclosed at this time. AGENDA ITEM SUMMARYBACKGROUNP: PRESENTED BY: Karen Souther, Mayor Courtney Morris, City Attorney FINANCIAL: IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See Attachments E IY O CITY COUNCIL MEETING GUNERI July 3, 2025 EST. 1901 6:00 PM AGENDA ITEM #12 RECONVENE TO OPEN SESSION In accordance with Texas Government Code, Chapter 551, the City Council will reconvene into Open Session to consider action, ifany, on matters discussed in Executive Session. Discuss, and take appropriate action on any Executive Session item. AGENDA ITEM SUMMARY/BACKGROUND: PRESENTED BY: Karen Souther, Mayor Courtney Morris, City Attorney FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See Attachments