HomeMy WebLinkAboutRes 2012-12-01 Development Agreement with Kim & Ruth Poole RECORDEDCITY OF ANNA, TEXAS
RESOLUTION NO. 2012-12-01
A RESOLUTION ADOPTING A DEVELOPMENT AGREEMENT BETWEEN THE CITY
OF ANNA AND KIM AND RUTH ANN POOLE, AND AUTHORIZING THE CITY
MANAGER TO EXECUTE SAME ON BEHALF OF THE CITY.
WHEREAS, the City of Anna, Texas (the "City") and Kim and Ruth Ann Poole (the
"Owner") desire to enter into a Chapter 43 and Chapter 212 Texas Local Government
Code Development Agreement (the "Agreement"); and
WHEREAS, the City Council of the City of Anna, Texas (the "City Council") finds that
approval of the Agreement is in the best interests of the citizens of Anna;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval of Agreement
The City Council hereby approves the Agreement, attached hereto as EXHIBIT 1,
incorporated herein for all purposes and authorizes the City Manager to execute same
on behalf of the City.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 18th
day of December 2012.
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RES. 2012-12-01 Develop Agreement -Poole -Slater Crk Rd PAGE 1 OF 1 12-18-12
STATE OF TEXAS )
COUNTY OF COLLIN )
CHAPTER 43 TEXAS LOCAL GOVERNMENT CODE
DEVELOPMENT AGREEMENT
This Agreement is entered into pursuant to Sections 43.035 and 212.172 of the Texas
Local Government Code by and between the City of Anna, Texas (the "City") and the
undersigned property owner(s) (the "Owner"). The term "Owner" includes all owners of
the Property.
WHEREAS, the Owner owns a parcel of real property(s) (the "Property") in Collin
County, Texas, commonly known as 10024 Slater Creek Road; and as shown in the
attached Exhibit "A"; and
WHEREAS, the Owner desires to have the Property remain in the City's extraterritorial
jurisdiction, in consideration for which the Owner agrees to enter into this Agreement;
and
WHEREAS, this Agreement is entered into pursuant to Sections 43.035 and 212.172 of
the Texas Local Government Code, in order to address the desires of the Owner and the
procedures of the City; and
WHEREAS, the Owner and the City acknowledge that this Agreement is binding upon
the City and the Owner and their respective successors and assigns for the term (defined
below) of this Agreement; and
WHEREAS, this Development Agreement is to be recorded in the Real Property
Records of Collin County.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties hereto agree as follows:
Section 1. The City guarantees the continuation of the extraterritorial status of the
Owner's Property, its immunity from annexation by the City, and its immunity from City
property taxes, for the term of this Agreement, subject to the provisions of this
Agreement. Except as provided in this Agreement, the City agrees not to annex the
Property, agrees not to involuntarily institute proceedings to annex the Property, and
further agrees not to include the Property in a statutory annexation plan for the Term of
this Agreement. However, if the Property is annexed pursuant to the provisions of this
Agreement, then the City shall provide services to the Property pursuant to Chapter 43 of
Texas Local Government Code.
Section 2. The Owner covenants and agrees not to use the Property for any use other than
for agriculture, wildlife management, and/or timber land consistent with Chapter 23 of
poole agreement. doc
the Texas Tax Code, except for existing single-family residential use of the Property,
without the prior written consent of the City.
Except as may be required for the construction of a Proposed Accessory Building as
defined below, the Owner covenants and agrees that the Owner will not file any type of
subdivision plat or related development document for the Property with Collin County or
the City until the Property has been annexed into, and zoned by, the City.
Other than a Proposed Accessory Building, the Owner covenants and agrees not to
construct, or allow to be constructed, any buildings on the Property that would require a
building permit if the Property were in the city limits, until the Property has been annexed
into, and zoned by, the City. The Owner also covenants and agrees that the City's AG—
Agricultural District zoning requirements apply to the Property, and that the Property
shall be used only for AG— Agricultural District zoning uses that exist on that Property
at the time of the execution of this Agreement, unless otherwise provided in this
Agreement. The Proposed Accessory Building means the construction of an accessory
building not exceeding 1000 square feet. Use of the Proposed Accessory Building shall
be incidental and accessory to the existing residential and/or agricultural uses of the
Property. The Proposed Accessory Building shall not be used in connection with any
commercial or business activity. The Owner covenants and agrees to comply with all
applicable codes and ordinances of the City of Anna that would apply to the construction
of the Proposed Accessory Building if the Property were in the city limits, including but
not limited to any platting requirement, any requirement to obtain a building permit,
compliance with any applicable building or construction codes, and compliance with any
applicable zoning and development regulations for the AG — Agricultural District.
The Owner covenants and agrees that the discharge of any firearm on the Property shall
be prohibited, except as expressly set forth in Section 3 of this Agreement.
The Owner acknowledges that each and every owner of the Property must sign this
Agreement in order for the Agreement to take full effect, and the Owner who signs this
Agreement covenants and agrees, jointly and severably, to indemnify, hold harmless, and
defend the City against any and all legal claims, by any person claiming an ownership
interest in the Property who has not signed the Agreement, arising in any way from the
City's reliance on this Agreement.
Section 3. The Owner acknowledges and agrees that—in addition to any other remedies
the City may have—any occurrence of one or more of the following acts will constitute a
petition for voluntary annexation by the Owner: (1) any plat or related development
document is filed in violation of this Agreement; (2) the Owner commences development
of the Property in violation of this Agreement; or (3) the Owner discharges or allows the
discharge of any firearm on the Property, unless the circumstances warrant such
discharge for the immediate protection of persons or property. Should any of those three
events occur, the Property will be subject to annexation at the discretion of the City
Council notwithstanding any other provision of this Agreement. The Owner agrees that
such annexation shall be voluntary and the Owner hereby consents to such annexation as
poole agreement.doc
though a petition for such annexation had been tendered by the Owner and joined by any
other persons having any interest in the Property. If annexation proceedings begin
pursuant to this Section 3, the Owner acknowledges that this Agreement serves as an
exception to Local Government Code Section 43.052, requiring a municipality to use
certain statutory procedures under an annexation plan. Furthermore, the Owner hereby
waives any and all vested rights and claims that they may have under Section
43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise
exist by virtue of any actions Owner has taken in violation of Section 2 herein. The
Owner further agrees that the Owner will not in any manner contest any annexation of the
Property initiated by the City under this Section 3 or any annexation of the Property
completed by the City after the Term of this Agreement.
Section 4. Pursuant to Sections 43.035(b)(1)(B) of the Texas Local Government Code,
the City is authorized to enforce all of the City's regulations and planning authority that
do not materially interfere with the use of the Property for agriculture, wildlife
management, or timber, in the same manner the regulations are enforced within the City's
boundaries. The City states and specifically reserves its authority pursuant to Chapter 251
of the Texas Local Government Code to exercise eminent domain over property that is
subject to a Chapter 43 and/or Chapter 212 development agreement.
Section 5. The term of this Agreement (the "Term") is three years from the date that the
City Manager's signature to this Agreement is acknowledged by a public notary. The
Owner, and all of the Owner's heirs, successors and assigns shall be deemed to have filed
a petition for voluntary annexation before the end of the Term, for annexation of the
Property to be completed on or after the end of the Term. Prior to the end of the Term,
the City may commence the voluntary annexation of the Property. In connection with
annexation pursuant to this section, the Owners hereby waive any vested rights they may
have under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code
that would otherwise exist by virtue of any application, plan, plat or construction any of
the owners may submit or initiate during the time between the expiration of this
Agreement and the institution of annexation proceedings by the City.
Section 6. Property annexed pursuant to this Agreement shall be temporarily classified as
SF -E Single Family Residential — Large Lot District until permanent zoning is
established by the City Council pursuant to the City's Code of Ordinances, pending
determination of the Property's permanent zoning in accordance with the provisions of
applicable law and the City's Code of Ordinances.
Section 7. Any person who sells or conveys any portion of the Property shall, prior to
such sale or conveyance, gives written notice of this Agreement to the prospective
purchaser or grantee, and shall give written notice of the sale or conveyance to the City.
Furthermore, the Owner and the Owner's heirs, successor, and assigns shall give the City
written notice within 14 days of any change in the agricultural exemption status of the
Property. A copy of either notice required by this section shall be forwarded to the City at
the following address:
poole agreement. doc
City of Anna
Attn: City Manager
111 N. Powell Parkway
Anna, Texas 75409
Section 8. This Agreement shall run with the Property and be recorded in the real
property records of Collin County, Texas.
Section 9. If a court of competent jurisdiction determines that any covenant of this
Agreement is void or unenforceable, including the covenants regarding involuntary
annexation, then the remainder of this Agreement shall remain in full force and effect.
Section 10. This Agreement may be enforced by any Owner or the City by any
proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce
the provisions of this Agreement thereafter.
Section 11. No subsequent change in the law regarding annexation shall affect the
enforceability of this Agreement or the City's ability to annex the properties covered
herein pursuant to the terms of this Agreement.
Section 12. Exclusive jurisdiction and venue for disputes arising out of or related in any
way to this Agreement shall be in Collin County, Texas.
Section 13. This Agreement may be separately executed in individual counterparts and,
upon execution, shall constitute one and same instrument.
Section 14. This Agreement shall survive its termination to the extent necessary for the
implementation of the provisions of Sections 3, 4, and 5 herein.
Entered into this day of 1 )b')ce 4 m, j, , 2012.
Philip S�nclers
City anag i ty of Anna, Texas
THE STATE OF TEXAS }
COUNTY OF COLLIN }
This instrument was acknowledged before me on theday of 2012, by Philip
Sanders, City Manager, City of Anna, Texas.
N ar Public tate of Texas ° Nalha J Wilkison
*moi My Commission Expires
11/13/2013
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poole agreement. doc
Owner 1 1
Printed Name: K' At I ' � r t � * l;
THE STATE OF TEXAS }
COUNTY OF �_ }
Thi instrument was acknowledged before me on the L3% y
mT s P0 o Je , Owner 1.
Poole, GPoRa
N ary Public, tate of Texas
of t e 2012, by
4�Y pU�
Natha J Wilkison
�{ My Commission Expires
11/13/2013
� h
THE STATE OF TEXAS)
COUNTY OF o }
Thiinstrument was acknowledged before me on the of
a -A Ara-.-- a k_ , Owner 2.
Notar Public, Sta of Texas
aceaJ.el- , 2012, by
v
G� Nafha J Wilkison
j My Commission Explf"
11/13/2013
Owner 3
Printed Name:
THE STATE OF TEXAS }
COUNTY OF }
This instrument was acknowledged before me on the _day of 2012, by
, Owner 3.
Notary Public, State of Texas
poole agreement. doc
Owner 4
Printed Name:
THE STATE OF TEXAS }
COUNTY OF }
This instrument was acknowledged before me on the
, Owner 4.
Notary Public, State of Texas
poole agreement. doc
day of , 2012, by
EXHIBIT "A"
poole agreement. doc
EXHIBIT A
Being all that certain lot, tract or parcel of land located in the Joseph Schluter Survey, Abstract No. 856,
Collin County, Texas and being a part of a 39.579 acre tract of land conveyed to A. L. Greer, Trustee, by
deed recorded in Volume 891, Page 536, Deed Records, Collin County, Texas and being a part of a
46.616 acre tract of land conveyed to A. L. Greer by Deed recorded in Volume 1039, Page 895, Deed
Records, Collin County, Texas and being more particularly described as follows:
Beginning at a corner in a North-South gravel road (Slater Creek) at the Southwest or West corner of a
7.511 acre tract of land conveyed to Terry L. Orosco and wife, Kimberly Jan Davis, by deed recorded in
County Clerk's File No. 950001167, Deed Records, Collin County, Texas. Said point called by deed of
property described herein, recorded in County Clerk's File No. 93-0110851 to be South 28 degrees 18
minutes 22 seconds West, 143.09 feet from the Northeast corner of said 46.616 acre tract of land,
Thence South 75 degrees 43 minutes 17 seconds East a distance of 1,046.17 feet to a point for corner;
Thence South 18 degrees 31 minutes 00 seconds West, 106.39 feet to a point for corner;
THENCE South 21 degrees 02 minutes 42 seconds West, 71.47 feet to a point for corner;
THENCE South 82 degrees 37 minutes 23 seconds West, 97.39 feet to a point for corner;
South 21 degrees 54 minutes 54 seconds West, 182.54 feet to a point for corner;
Thence North 68 degrees 59 minutes 56 seconds West, continuing a total distance of 943.00 feet to a
point for corner in said North-South Road;
Thence North 18 degrees 35 minutes 44 seconds East a distance of 284.35 feet to the Place of
Beginning, and containing 7.82 acres of land, more or less.
WEST WHITE STREET
-EXHIBIT A
"POOLE TRACT"
M
LEGAL DESCRIPTION
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POOLE
/ 7.82 ACRES
J0 200. 300.
DURABLE POWER OF ATTORNEY FOR FINANCE
OF
HIM THOMAS POOLE
ARTICLE I
Creation
I, Kim Thomas Poole, as Principal and a resident of the State of Texas designate the
following persons, in order of preference and succession, to serve as Attorney -In -Fact (my
"Agent") for me and to act as the guardian or limited guardian of my estate should guardianship
proceedings become necessary or desirable:
1) Ruth Ann Poole (my wife)
2) Chad Lee Lunsford (my son)
ARTICLE II
Effectiveness; Effective Immediately
This Power of Attorney shall become effective immediately and shall survive and
continue during my disability, incompetence, incapacity, or partial incapacity. This Power of
Attorney shall not be affected by my subsequent disability or incapacity or by lapse of time.
Disability, incompetence, incapacity or partial incapacity shall include, without limitation, my
inability to manage my property and affairs or caring for myself effectively, for reasons such as
mental illness, mental deficiency or other mental incapacity, physical illness or disability,
advanced age, senility, chronic use of drugs, chronic intoxication, which may be evidenced by a
written statement of my regularly attending physician or two other qualified physicians or by
court order.
ARTICLE III
When Successor Agent is Entitled to Act
The successor Agent shall be entitled to act upon the death, disability or incapacity
determined by the same criteria above, or upon the written resignation of the designated prior
Agent or under a written delegation of authority by my Agent.
ARTICLE IV
Powers
My Agent shall have all powers of an absolute owner over my assets and liabilities,
whether located within or without the State of Texas, including, without limitation, the following
power and authority:
DPOAF of Kim Thomas Poole Page 1 of 16 Initials: �� Date: w
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to:
Power relating to real property transactions. I empower my attorney-in-fact
1, accept as a gift or as security for a loan, reject, demand, buy, lease,
receive, or otherwise acquire an interest in real property or a right incident
to real property;
2. sell, exchange, or convey, with or without covenants; quitclaim; release;
surrender; mortgage; encumber; partition; consent to partitioning;
subdivide; apply for zoning, rezoning, or other governmental permits; plat
or consent to platting; develop; grant options concerning; lease; sublet; or
otherwise dispose of an interest in real property or a right incident to real
property;
3. release, assign, satisfy, and enforce, by litigation or otherwise, a
mortgage, deed of trust, encumbrance, lien, or other claim to real property
that exists or is asserted;
4. do any act of management or of conservation with respect to an interest
in real property or a right incident to real property, owned or claimed to be
owned by the principal, including:
a. insuring against a casualty, liability, or loss;
b. obtaining or regaining possession or protecting the interest or right,
by litigation or otherwise;
C. paying, compromising, or contesting taxes or assessments, or
applying for and receiving refunds in connection with them; and
d. purchasing supplies, hiring assistance or labor, and making repairs
or alterations in the real property;
5. use, develop, alter, replace, remove, erect, or install structures or other
improvements upon real property in or incident to which the principal has
or claims to have an interest or right;
6. participate in a reorganization with respect to real property or a legal entity
that owns an interest in or right incident to real property and receive and
hold shares of stock or obligations received in a plan of reorganization and
to act with respect to them, including:
a. selling or otherwise disposing of them;
b. exercising or selling an option, conversion, or similar right with
respect to them; and
DPOAF of Kim Thomas Poole Page 2 of 16 Initials: Date: le)`c9/
C. voting them in person or by proxy;
7. change the form of title of an interest in or right incident to real property;
8, dedicate to public use, with or without consideration, easements or other
real property in which the principal has or claims to have an interest.
B. Power relating to tangible personal property transactions. I empower my
attorney-in-fact to:
1. accept as a gift or as security for a loan, reject, demand, buy, receive, or
otherwise acquire ownership or possession of tangible personal property
or an interest in tangible personal property;
2. sell, exchange, convey with or without covenants, release, surrender,
mortgage, encumber, pledge, hypothecate, create a security interest in,
pawn, grant options concerning, lease, sublease to others, or otherwise
dispose of tangible personal property or an interest in tangible personal
property;
3. release, assign, satisfy, or enforce, by litigation or otherwise, a mortgage,
security interest, encumbrance, lien, or other claim on behalf of the
principal with respect to tangible personal property or an interest in
tangible personal property; and
4. do an act of management or conservation with respect to tangible personal
property or an interest in tangible personal property on behalf of the
principal, including:
a. insuring against casualty, liability, or loss;
b. obtaining or regaining possession or protecting the property or
interest, by litigation or otherwise;
C. paying, compromising or contesting taxes or assessments or
applying for and receiving refunds in connection with taxes or
assessments;
d. moving from place to place;
e. storing for hire or on gratuitous bailment; and
f. using, altering, and making repairs or alterations.
C. Power relating to stock and bond transactions. I empower my attorney-in-fact
DPOAF of Kim Thomas Poole Page 3 of 16 Initials: / 7' Date:
other negotiable or nonnegotiable instrument;
11. apply for and receive letters of credit, credit cards, and traveler's checks
from a financial institution and give an indemnity or other agreement in
connection with letters of credit; and
12. consent to an extension of the time of payment with respect to commercial
paper or a financial transaction with a financial institution.
F. Power relating to business operating transactions. I empower my
attorney-in-fact:
1. to operate, buy, sell, enlarge, reduce, and terminate a business interest;
2. to the extent that an agent is permitted by law to act for a principal and
subject to the terms of the partnership agreement, to:
a. perform a duty or discharge a liability and exercise a right, power,
privilege, or option that the principal has, may have, or claims to
have under a partnership agreement, whether or not the principal is
a partner;
b. enforce the terms of a partnership agreement by litigation or
otherwise; and
C. defend, submit to arbitration, settle, or compromise litigation to
which the principal is a party because of membership in the
partnership;
3. to exercise in person or by proxy or enforce, by litigation or otherwise, a
right, power, privilege, or option the principal has or claims to have as the
holder of a bond, share, or other instrument of similar character and to
defend, submit to arbitration, settle, or compromise litigation to which the
principal is a party because of a bond, share, or similar instrument;
4. with respect to a business owned solely by the principal, to:
a. continue, mollify, renegotiate, extend, and terminate a contract
made with an individual or a legal entity, firm, association, or
corporation by or on behalf of the principal with respect to the
business before execution of the power of attorney;
b. determine:
(i) the location of its operation;
DPOAF of Kim Thomas Poole Page 5 of 16 Initials: y Date: /,p
other negotiable or nonnegotiable instrument;
11. apply for and receive letters of credit, credit cards, and traveler's checks
from a financial institution and give an indemnity or other agreement in
connection with letters of credit; and
12. consent to an extension of the time of payment with respect to commercial
paper or a financial transaction with a financial institution.
F. Power relating to business operating transactions. I empower my
attorney-in-fact:
1. to operate, buy, sell, enlarge, reduce, and terminate a business interest;
2. to the extent that an agent is permitted by law to act for a principal and
subject to the terms of the partnership agreement, to:
a. perform a duty or discharge a liability and exercise a right, power,
privilege, or option that the principal has, may have, or claims to
have under a partnership agreement, whether or not the principal is
a partner;
b. enforce the terms of a partnership agreement by litigation or
otherwise; and
C. defend, submit to arbitration, settle, or compromise litigation to
which the principal is a party because of membership in the
partnership;
3. to exercise in person or by proxy or enforce, by litigation or otherwise, a
right, power, privilege, or option the principal has or claims to have as the
holder of a bond, share, or other instrument of similar character and to
defend, submit to arbitration, settle, or compromise litigation to which the
principal is a party because of a bond, share, or similar instrument;
4. with respect to a business owned solely by the principal, to:
a. continue, modify, renegotiate, extend, and terminate a contract
made with an individual or a legal entity, firm, association, or
corporation by or on behalf of the principal with respect to the
business before execution of the power of attorney;
b. determine:
(i) the location of its operation;
DPOAF of Kim Thomas Poole Page 5 of 16 Initials: , n Date: 1wc,<rf/
(ii) the nature and extent of its business;
(iii) the methods of manufacturing, selling, merchandising,
financing, accounting, and advertising employed in its
operation;
(iv) the amount and types of insurance carried;
(v) the mode of engaging, compensating, and dealing with its
accountants, attorneys, and other agents and employees;
C. change the name or form of organization under which the business
is operated and enter into a partnership agreement with other
persons or organize a corporation to take over all or part of the
operation of the business; and
d. demand and receive money due or claimed by the principal or on
the principal's behalf in the operation of the business and control
and disburse the money in the operation of the business;
5. to put additional capital into a business in which the principal has an
interest;
6. to join in a plan of reorganization, consolidation, or merger of the
business;
7. to sell or liquidate a business or part of it at the time and upon the terms
the agent considers desirable;
S. to establish the value of a business under a buyout agreement to which the
principal is a party;
9. to prepare, sign, file, and deliver reports, compilations of information,
returns, or other papers with respect to a business that are required by a
governmental agency or instrumentality or that the agent considers
desirable and to make related payments; and
10. to pay, compromise, or contest taxes or assessments and to do any other
act that the agent considers desirable to protect the principal from illegal
or unnecessary taxation, fines, penalties, or assessments with respect to a
business, including attempts to recover, in any manner permitted by law,
money paid before or after the execution of the power of attorney.
G. Power relating to insurance transactions. I empower my attorney-in-fact to:,
1. continue, pay the premium or assessment on, modify, rescind, release, or
DPOAF of Kim Thomas Poole Page 6 of 16 Initials: Date: /0-c��✓%�
terminate a contract procured by or on behalf of the principal that insures
or provides an annuity to either the principal or another person, whether or
not the principal is a beneficiary under the contract;
2. procure new, different, and additional contracts of insurance and annuities
for the principal and the principal's spouse, children, and other dependents
and to select the amount, type of insurance or annuity, and mode of
payment;
3, pay the premium or assessment on, modify, rescind, release, or terminate a
contract of insurance or annuity procured by the agent;
4. designate the beneficiary of the contract; however, an agent may be named
a beneficiary of the contract or of an extension, renewal, or substitute for
the contract only to the extent that the agent was named as a beneficiary
under a contract procured by the principal before executing the power of
attorney;
5. apply for and receive a loan on the security of the contract of insurance or
annuity;
6. surrender and receive the cash surrender value;
7. exercise an election;
8. change the manner of paying premiums;
9. change or convert the type of insurance contract or annuity, with respect to
which the principal has or claims to have a power described in this
section;
10, change the beneficiary of a contract of insurance or annuity; however, the
agent may not be designated a beneficiary except to the extent permitted
by subsection (4);
11. apply for and procure government aid to guarantee or pay premiums of a
contract of insurance on the life of the principal;
12. collect, sell, assign, hypothecate, borrow upon, or pledge the interest of the
principal in a contract of insurance or annuity; and
13. pay from proceeds or otherwise, compromise or contest, and apply for
refunds in connection with a tax or assessment levied by a taxing authority
with respect to a contract of insurance or annuity or its proceeds or
liability accruing by reason of the tax or assessment.
DPOAF of Kim Thomas Poole Page 7 of 16 Initials: Date:
H. Power relating to estate, trust, and other beneficiary transactions. I empower
my attorney-in-fact to act for me in all matters that affect a trust, probate estate, guardianship,
conservatorship, escrow, custodianship, or other fund from which I am or may become, or may
claim to be entitled as a beneficiary to a share or payment, including to:
1. accept, reject, disclaim, receive, receipt for, sell, assign, release, pledge,
exchange, or consent to a reduction in or modification of a share in or
payment from the fund;
2. demand or obtain, by litigation or otherwise, money or other thing of value
to which the principal is, may become, or claims to be entitled by reason
of the fund;
3. initiate, participate in, and oppose litigation to ascertain the meaning,
validity, or effect of a deed, will, declaration of trust, or other instrument
or transaction affecting the interest of the principal;
4, initiate, participate in, and oppose litigation to remove, substitute, or
surcharge a fiduciary;
5. conserve, invest, disburse, and use anything received for an authorized
purpose; and
6. transfer an interest of the principal in real property, stocks, bonds,
accounts with financial institutions, insurance, and other property to the
trustee of a revocable trust created by the principal as settlor.
7. This Power does NOT give my agent the power to revoke or change any
estate planning or testamentary documents previously executed by me,
unless the document authorizes changes with court approval.
I. Power relating to claims and litigation. I empower my attorney-in-fact to:
1. assert and prosecute before a court or administrative agency a claim,
counterclaim, or offset, and defend against an individual, a legal entity, or
government, including suits to recover property or other thing of value, to
recover damages sustained by the principal, to eliminate or modify tax
liability, or to seek an injunction, specific performance, or other relief,
2. bring an action to determine adverse claims, intervene in litigation, and act
as amicus curiae;
3. in connection with litigation, procure an attachment, garnishment, libel,
order of arrest, or other preliminary, provisional, or intermediate relief and
use an available procedure to effect or satisfy a judgment, order, or decree;
DPOAF of Kim Thomas Poole Page 8 of 16 Initials: Date: Al --'�� j�
4. in connection with litigation, perform any lawful act, including acceptance
of tender, offer of judgment, admission of facts, submission of a
controversy on an agreed statement of facts, consent to examination before
trial, and binding the principal in litigation;
5. submit to arbitration, settle, and propose or accept a compromise with
respect to a claim or litigation;
6. waive the issuance and service of process upon the principal; accept
service of process; appear for the principal; designate persons upon whom
process directed to the principal may be served; execute and file or deliver
stipulations on the principal's behalf; verify pleadings; seek appellate
review; procure and give surety and indemnity bonds; contract and pay for
the preparation and printing of records and briefs; and receive, execute,
and file or deliver a consent, waiver, release, confession of judgment,
satisfaction of judgment, notice, agreement, or other instrument in
connection with the prosecution, settlement, or defense of a claim or
litigation;
7. act for the principal with respect to bankruptcy or insolvency proceedings,
whether voluntary or involuntary, concerning the principal or some other
person, with respect to a reorganization proceeding or a receivership or
application for the appointment of a receiver or trustee that affects an
interest of the principal in property or other thing of value; and
8. pay a judgment against the principal or a settlement made in connection
with litigation and receive and conserve money or other thing of value
paid in settlement of or as proceeds of a claim or litigation.
I Power relating to personal and family maintenance. I empower my
attorney-in-fact to:
1. do the acts necessary to maintain the customary standard of living of the
principal and the principal's spouse, children, and other individuals
customarily or legally entitled to be supported by the principal, including
providing living quarters by purchase, lease, or other contract or paying
the operating costs, including interest, amortization payments, repairs, and
taxes, on premises owned by the principal and occupied by those
individuals;
2. provide for the individuals described in subsection (1) normal domestic
help; usual vacations and usual travel expenses; and funds for shelter,
clothing, food, appropriate education, and other current living costs;
3. pay for the individuals described in subsection (1) necessary medical,
dental, and surgical care, hospitalization, and custodial care;
DPOAF of Kim Thomas Poole Page 9 of 16 Initials: , ;7� Date: /0
4. continue any provision made by the principal for the individuals described
in subsection (1) for automobiles or other means of transportation,
including registering, licensing, insuring, and replacing them;
5. maintain or open charge accounts for the convenience of the individuals
described in subsection (1) and open new accounts the agent considers
desirable to accomplish a lawful purpose; and
6. continue payments incidental to the membership or affiliation of the
principal in a church, club, society, order, or other organization or
continue contributions to those organizations.
K. Power relating to benefits from Social Security, Medicare, Medicaid, or other
governmental programs or from military service. I empower my attorney-in-fact to:
1. execute vouchers in the name of the principal for allowances and
reimbursements payable by the United States or a foreign government or
by a state or subdivision of a state to the principal, including allowances
and reimbursements for transportation of the principal and the principal's
spouse, children, and other individuals customarily or legally entitled to be
supported by the principal, and for shipment of their household effects;
2. take possession and order the removal and shipment of property of the
principal from a post, warehouse, depot, dock, or other place of storage or
safekeeping, either governmental or private, and execute and deliver a
release, voucher, receipt, bill of lading, shipping ticket, certificate, or other
instrument for that purpose;
3. prepare, file, and prosecute a claim of the principal to a benefit or
assistance, financial or otherwise, to which the principal claims to be
entitled, under a statute or governmental regulation;
4. prosecute, defend, submit to arbitration, settle, and propose or accept a
compromise with respect to any benefits the principal may be entitled to
receive; and
5. receive the financial proceeds of a claim of the type described in this
section and conserve, invest, disburse, or use anything received for a
lawful purpose.
L. Power relating to retirement plan transactions. I empower my
attorney-in-fact to:
1. select payment options under any retirement plan in which the principal
participates, including plans for self-employed individuals;
DPOAF of Kim Thomas Poole Page 10 of 16 Initials: -'e7 Date: `0
2. designate beneficiaries under those plans and change existing
designations;
3. make voluntary contributions to those plans;
4. exercise the investment powers available under any self-directed
retirement plan;
5. make "rollovers" of plan benefits into other retirement plans;
6. if authorized by the plan, borrow from, sell assets to, and purchase assets
from the plan; and
7. waive the right of the principal to be a beneficiary of a joint or survivor
annuity if the principal is a spouse who is not employed.
M. Power relating to tax matters. I empower my attorney-in-fact to:
1. prepare, sign, and file federal, state, local, and foreign income, gift,
payroll, Federal Insurance Contributions Act, and other tax returns; claims
for refunds; requests for extension of time; petitions regarding tax matters;
and any other tax -related documents, including receipts, offers, waivers,
consents (including consents and agreements under Internal Revenue Code
section 2032A or any successor section), closing agreements, and any
power of attorney required by the internal revenue service or other taxing
authority with respect to a tax year upon which the statute of limitations
has not run and the following 25 tax years;
2. pay taxes due, collect refunds, post bonds, receive confidential
information, and contest deficiencies determined by the internal revenue
service or other taxing authority;
3. exercise any election available to the principal under federal, state, local,
or foreign tax law; and
4. act for the principal in all tax matters for all periods before the internal
revenue service and any other taxing authority.
N. Power relating to Medical Care Assistance Transfers. I empower my
attorney-in-fact to make any transfer of resources not prohibited under state law as now or
hereafter amended or recodif ed, when the transfer is for the purpose of qualifying me for state or
federal medical care assistance or a limited casualty program for the medically needy, or for the
purpose of preserving for my spouse, other relative or domestic partner, the maximum amount of
property allowed under applicable law if an application has been made for governmental medical
assistance, or in anticipation of such application and for the purpose of avoiding a Medicaid
DPOAF of Kim Thomas Poole Page 11 of 16 Initials: Date: rr Date: 6
Recovery Lien.
O. Power relating to Gift Transfers. I empower my attorney-in-fact with the
following authority with respect to gift transactions, whether the gift is to be made outright, in
trust, in custodial account or otherwise, whether the object of the gift is located in the state or
elsewhere:
1. make gifts from any or all of the principal's real and personal property,
and in the kinds or shares that the agent considers prudent for any purpose,
except that the agent or a person whom the agent has a legal obligation to
support when the gift is in full or partial satisfaction of that obligation may
not be the beneficiary of the gift;
2. submit to arbitration or settle, and to propose or accept a compromise with
respect to a controversy or claim that affects the gift;
3. hire, discharge, and compensate an attorney, accountant, expert witness, or
assistant when the agent considers the action to be desirable for the proper
execution of the powers described in the subsection, and for the keeping of
records about that action;
4. do any other act or acts that the principal can do through an agent, with
respect to any gift.
ARTICLE V
Purposes
My Agent shall have all powers as are necessary or desirable to provide for my support,
maintenance, health, emergencies, and urgent necessities.
ARTICLE VI
Limitations on Powers
My Agent shall not exercise any of the powers for my Agent's own benefit or in
satisfaction of a legal obligation of my Agent except and unless specifically provided for above.
ARTICLE VII
Termination and Revocation
A. In General. This power of attorney revokes and supersedes all prior financial
powers of attorney executed by me, whether recorded or not. This power of attorney may be
revoked, suspended or terminated by me at any time or by court order. If this Power of
Attorney has been recorded, the written instrument of revocation may be recorded in the office of
z
DPOAF of Kim Thomas Poole Page 12 of 16 Initials:Y/',�
/J Date: /D
the recorder or auditor of the place where the power was recorded. Upon my death, this power
of attorney shall terminate upon actual knowledge or receipt of written notice thereof by the
Agent.
B. By Guardian. A Guardian of my estate appointed by the Court shall have the
power to revoke, suspend or terminate this power of attorney, subject to the approval of the
court. A Guardian of my person only shall not have the power to revoke, suspend or terminate
this power.
C. Dissolution/Legal Separation. The designation of my spouse or domestic
partner as Agent shall terminate upon the filing of a petition for dissolution of relationship,
equitable distribution of property, separation or like instrument by either me or my partner,
without further notice to my Agent/spouse/domestic partner.
ARTICLE VIII
General Provisions
A. Accounting. My Agent shall keep accurate records of my financial affairs,
including documentation of all transactions in which the Agent is involved. My Agent shall
account for all actions taken by my Agent for or on behalf of me upon request by me, any
guardian or limited guardian of my estate or of my person, any subsequently appointed Agent,
any successor Agent acting in such capacity, any primary or alternate Agent named herein,
and/or to any subsequently appointed personal representative of my estate.
B. Reliance. Any person acting in good faith and in reasonable reliance on this
power of attorney shall not incur any liability thereby, so long as such party has not received
actual knowledge or actual notice of revocation, suspension or termination of this Power of
Attorney by death or otherwise. Any action so taken unless otherwise invalid or unenforceable,
shall be binding on my heirs, devisees, legatees, or personal representative.
C. Indemnity. My estate shall hold harmless and indemnify my Agent from all
liability for acts or omissions done in good faith.
D. Compensation. My Agent serving hereunder shall NOT be entitled to receive
compensation, but SHALL be entitled to reimbursement for costs expended. My Agent is
authorized and encouraged when s/he deems it desirable or necessary to employ others to aid in
the management of my assets, or the exercise of powers under this Power of Attorney or any
Power of Attorney for Health Care that I have executed, including but not limited to, lawyers,
accountants, financial advisors, physicians or other appropriate persons.
E. Guardianship. One of the purposes of this document is to avoid the need for a
guardianship in the event of my disability or incapacity and this document should be broadly
construed to accomplish that purpose. In the event a proceeding is initiated to appoint a
guardian of my estate, I nominate the person designated as my Agent to serve as Guardian and if
s/he is unwilling or unable to serve as Guardian, I nominate my alternate Agent above named.
DPOAF of Kim Thomas Poole Page 13 of 16 Initials: Date: /-4 45�� ' AVI
If someone other than my first above-named Agent ("primary Agent") is appointed as
Guardian or Limited Guardian of my estate, my primary Agent shall have the power and
authority when s/he is competent, willing and able to act as Guardian to petition the Court to
discharge my then appointed Guardian or Limited Guardian, and s/he shall be so appointed by
the Court, unless the Court finds good cause against her/his appointment.
F. Court Enforcement. My Agent shall have the power to seek appropriate court
orders mandating acts which my Agent deems appropriate if a third party refuses to comply with
decisions made by my Agent which are authorized by this document, or enjoining acts by third
parties which my Agent has not authorized. My Agent may bring legal action against any third
party who fails to comply with actions I have authorized my Agent to take and demand damages
on my behalf for such noncompliance.
G Reliance On Photocopy. Third parties shall be entitled to rely on a photocopy
of the signed Original hereof.
H. Applicable Law. The laws of the State of Texas shall govern this Power of
Attorney. This Power of Attorney is intended to be valid in any jurisdiction in which it is
presented.
I. HIPAA Release Authority. I intend for my agent to be treated as I
would be with respect to my rights regarding the use and disclosure of my individually
identifiable health information or other medical records. This release authority applies to any
information governed by the Health Insurance Portability and Accountability Act of 1996 (alta
HIPAA), 42 USC 1320d and 45 CFR 160-164.I authorize: any physician, health-care
professional, dentist, health plan, hospital, clinic, laboratory, pharmacy or other covered
health-care provider, any insurance company and the Medical Information Bureau Inc. or other
health-care clearinghouse that has provided treatment or services to me, or that has paid for or is
seeking payment from me for such services, to give, disclose and release to my agent, without
restriction, all of my individually identifiable health information and medical records regarding
any past, present or future medical or mental health condition, including all information relating
to the diagnosis and treatment of HN/AIDS, sexually transmitted diseases, mental illness, and
drug or alcohol abuse.
The authority given my agent shall supersede any prior agreement that I may have made
with my health-care providers to restrict access to or disclosure of my individually identifiable
health information. The authority given my agent has no expiration date and shall expire only in
the event that I revoke the authority in writing and deliver it to my health-care provider.
DPOAF of Kim Thomas Poole Page 14 of 16 Initials: Date: • A_�r
DATED this day of �0'�� , 20 ff
Kim Thomas Poole, Principal
Social Security Number:
Residing at:
10024 Stlater Creek Rd.
Anna, TX 75409
DPOAF of Kim Thomas Poole Page 15 of 16 Initials: —� Date: l0-�G f "%� A�
STATE OF TEXAS }
}
COUNTY OF C I l; , } ss.
This is to certify that on this IoA, day of fro 1��/ , 20 i I , before me, the
undersigned Notary Public in and for the State of Texas, duly commissioned and qualified,
Personally appeared Kim Thomas Poole, to me known to be the person described in and who
executed the within and foregoing Power of Attorney, and acknowledged to me that he signed
the same as his free and voluntary act and deed, for the uses and purposes therein mentioned.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
�ptA:IYP�
DIANA STIMAX
Notary Signature My COMM.Issi®n Expires.
Print Name: J)r—�j,-)Cd ,.,�� 4 APr<I 11; 2®1
NOTARY PUBLIC in and for the
State of Texas, residing at
My commission expires: An 61 1 I , e),01 L4
DPOAF of Kim Thomas Poole Page 16 of 16 Initials: Date: 11