04-011 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 04-11
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS ACCEPTING A
PETITION TO EXTEND ITS EXTRATERRITORIAL JURISDICTION TO
INCLUDE ALL PORTIONS OF TWO TRACTS OF LAND CONTAINING 519.49
ACRES, MORE OR LESS, THAT ARE NOT PRESENTLY ENTIRELY
LOCATED IN THE EXTRATERRITORIAL JURISDICTION AND BEING WITHIN
ALL OR PARTS OF THE L. NEATHERLY SURVEY, ABSTRACT NO. 962, THE
J. DORRETT SURVEY, ABSTRACT NO. 350, AND THE E. HAWKINS
SURVEY, ABSTRACT NO. 581, DENTON COUNTY, TEXAS AND THE
COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147, COLLIN
COUNTY, TEXAS; PROVIDING FOR REPEALING, SAVINGS AND
SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS
ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION
HEREOF.
WHEREAS, the Town Council ("Town Council") of the Town of Prosper, Texas ("Town")
has investigated and determined that it will be advantageous and beneficial to Prosper and its
inhabitants to extend its extraterritorial jurisdiction ("ETJ") as set forth below; and
WHEREAS, the Town Council has received petitions from the Rudman Partnership,
West Prosper 150 Investment Partners, Ltd. and Beall Legacy Partner, L.P. ("Owner")
requesting that the Town's ETJ be extended to include all portions of two tracts of land
containing 519.49 acres, more or less, that are not presently entirely located in the ETJ and
being within all or parts of the L. Neatherly Survey, Abstract No. 962, the J. Dorrett Survey,
Abstarct No. 350, and the E. Hawkins Survey, Abstract No. 581, Denton County, Texas and the
Collin County School Land Survey, Abstract No. 147, Collin County, Texas as more particularly
described in the petition which is attached hereto as Exhibit "A" and incorporated as if fully set
forth herein ( the "Property"); and
WHEREAS, the Town Council has determined that the Property is contiguous to the
otherwise existing ETJ of the Town; and
WHEREAS, the Town Council finds that it is authorized to expand the Town's ETJ to
include the Property as requested by Owner pursuant to Section 42.022(b) of the Local
Government Code.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into
the body of this Ordinance as if fully set forth herein.
SECTION 2: Extraterritorial Jurisdiction of Town Expanded. The petition by Owner is
hereby granted and the ETJ of Town is hereby expanded to include the Property.
SECTION 3: Savings/Repealing Clause. All provisions of any ordinance in conflict with
this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not
abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal
C:\Shanae\ORDINANCES&RESOLUTIONS\ORDINANCES\2004 Ordinances\04-11,Ordinance to Extend ETJ(Beall and others).docPage 1
prevent a prosecution from being commenced for any violation if occurring prior to the repeal of
the ordinance. Any remaining portions of said ordinances shall remain in full force and effect.
SECTION 4: Severability. Should any section, subsection, sentence, clause or phrase
of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full force
and effect. Prosper hereby declares that it would have passed this Ordinance, and each
section, subsection, clause or phrase thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
SECTION 5: Effective Date. This Ordinance shall be effective immediately upon its
passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS on this 10th day of February 2004.
CHA S AN MAYOR
ATTE T TO:
SHANAE JENNI��� S, Town S l retary
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EXHIBIT A
LEGAL DECCR!PTION
357.10 ACRES
BEING a 35 7.10 acre tract of land out of the L. NEATHERLY SURVEY Abstract No.
e
962, the J. DORRETT SURVEY Abstract No. 350, the E. HAWKINS SURVEY, Abstract
No. 581 in Denton County, Texas, being out of the COLLIN COUNTY SCHOOL LAND
SURVEY Abstract No. 147 in Collin County, Texas, being part of the tract of land
described in deed to Rudman Partnership., recorded in Volume 2844, Page 42 of the
Real Property Records of Denton County, Texas, being part of the tract of land
described in deed to Pe39 Legacy Partners, L.P., recorded in Volume 5398, Page 1647
of the Real Property R€:cords cf Denton County, Iexas, being part of the tract of ft nd
described in deed to West Proper 150 investment Partners, Ltd., recorded in Volume
5398, Page 1569 of iiie Real P�u ert Records of Denton County, Texas, being part ci
9 P Y
the 52.09 acres tract of land described in deed to West Prosper 150 Investment
Partners, Ltd., recorded in Volume 5398, Page 5552 of the Land Records of Collin
County, Texas.
BEGINNING at a point for the intersection of the centerline of Prosper Road from the
west with the centerline of County Line Road;
THENCE with the centerline of said County Line Road, North 01°09'50" East, a distance
of 317.35 feet to a point for the intersection of the centerline of County Line Road and
the centerline of Prosper Road from the east, said point being the northwest corner of
said 52.09 acre tract;
THENCE with the centerline of said Prosper Road and the north line of said 52.09 acre
tract, South 89°54'55" East, a distance of 861.72 feet to the northeast corner of said
52.09 acre tract;
THENCE with the east line of said 52.09 acre tract, South 00°28'38" West, a distance of
1383.91 feet to a point for corner;
THENCE leaving the east line of said 52.09 acre tract, the following courses and
distances to wit:
North 89°44'01"West, a distance of 1528.34 feet to a point for corner;
South 01°09'50"West, a distance of 4730.06 feet to a point for corner;
South 00°56'17" West, a distance of 4493.83 feet to a point in the north right-of-
way line of U.S. Highway 380;
THENCE with the north right-of-way line of U.S. Highway 380 and common with the City
Limits of the City of Prosper, South 89°26'58" West, a distance of 655.12 feet to a point
for corner;
THENCE leaving said north right-of-way line, the following courses and distances to wit:
North 00°19'43"West, a distance of 1045.05 feet to a point for corner;
South 89°26'58"West, a distance of 700.00 feet to a point for corner;
North 00°37'16" West, a distance of 2702.54 feet to a point in the cente C'a)
Fish Trap Road; ��•1 •• "
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E with said centerline, the following courses and distances to wit:
THENCE g ,...
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January 24,2004 r 5336
G:\Survey\CURRY\MAHARD\DOCS\AVEX B LEGAL.doc • �� ��~Q D�
North 89°50'15" East, a distance of 294.11 feet to a point for corner;
North 67°42'23" East, a distance of 279.24 feet to a point for corner;
THENCE leaving said centerline, the following courses and distances to wit:
North 00°18'08"West, a distance of 351.55 feet to a point for corner;
North 73°45'59"West, a distance of 166.83 feet to a point for corner;
North 01°33'14" East, a distance of 350.62 feet to a point for corner;
North 89°32'58"West, a distance of 386.78 feet to a point in the east line of a
tract of land described in deed to Johnny Warren, recorded in Volume 3124,
Page 11 of the Real Property Records of Denton County, Texas;
THENCL: with _.r3id east line, Nc Fth 00°52'48" East, a distance cx" point
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for the southeas described in deed li: .� ,� .� �. � ,���� Joint
frn t,,e south�as. corner of a tract of land
Venture recorded in Volume 4233, Page 738 of the Real Property Re ;. :.1s c); Denton
County, Texas;
THENCE with said east line, North 01°07'10" East, a distance of 5277.57 feet to a point
in the centerline of said Prosper Road;
THENCE with said centerline, South 89°44'01" East, a distance of 2108.90 feet to the
POINT OF BEGINNING and containing 484.15 acres of land.
This document was prepared under 22 TAC §663.21, 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 or
reconfiguration of the boundary of the political subdivision for which it was prepared.
January 24,2004
G:\Survey\CURRY\MAHARD\DOCS\AVEX B LEGAL.doc
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EXHIBIT A
LEGAL DESCRIPTION
162.39 ACRES
BEING a 162.39 acre tract of land out of the L. NEATHERLY SURVEY Abstract No. 962, the J.
DORRETT SURVEY Abstract No. 350, the E. HAWKINS SURVEY, Abstract No. 581 in Denton
County, Texas, being out of the COLLIN COUNTY SCHOOL LAND SURVEY Abstract No. 147 in
Collin County, Texas, being part of the tract of land described in deed to Rudman Partnership.,
recorded in Volume 2844, Page 42 of the Real Property Records of Denton County, Texas, being
part of the tract of land described in deed to Beall Legacy Partners, L.P., recorded in Volume
5398, Page 1642 of the Real Property Records of Denton County, Texas, being part of the tract
of land described in deed to West Prosper 150 Investment Partners, Ltd., recorded in Volume
5398, Page 1569 of the Real Property Records of Denton County, Texas, being part of the 52.09
acres tract of land described in deed to West Prosper i 50 Investment Partners, Ltd., recorded in
Volume 5398, Page 5552 of the Land Records of Collir: ;:County. Texas .
BEGINNING at the southwest corner of 52.09 a point for the intersection of the centerline of
Prosper Road with the centerline of County Line Road;
THENCE with said centerline and with the called east line of Denton County,
South 01°09'50"West, a distance of 5802.95 feet to a point for the intersection of the centerline of
said County Line Road with the centerline of Fish Trap Road;
THENCE continuing with the centerline of said County Line Road, South 00°56'17"West, a
distance of 4156.91 feet to a point for corner;
THENCE leaving said centerline, South 89°47'45" East, a distance of 45.30 feet to a point for
corner;
THENCE South 00°30'58"West, a distance of 318.10 feet to a point in the north right-of-way line
of U.S. Highway 380;
THENCE with said north right-of-way line and common with the City Limits of the City of Prosper,
South 89°26'58"West, a distance of 697.87 feet to a point for corner;
THENCE leaving said north right-of-way line, the following courses and distances to wit:
North 00°56'17" East, a distance of 4493.83 feet to a point for corner;
North 01°09'50" East, a distance of 4730.06 feet to a point for corner;
South 89°44'01" East, a distance of 1528.34 feet to a point in the east line of said 52.09
acre tract;
THENCE with the east line of said 52.09 acre tract, South 00°28'38"West, a distance of 1208.52
feet to the southeast corner of said 52.09 acre tract;
THENCE with the south line of said 52.09 acre tract, North 89°10'41" West, a distance of 892.65
feet to the POINT OF BEGINNING and containing 162.39 acres of land.
This document was prepared under 22 TAC §663.21, 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 or reconfiguration of the boundary of
the political subdivision for which it was prepared.
&): tiG
• •BBO," ...4
January 24, 2004 .••••••.. 33 �
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