04-012 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 04-12
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS ACCEPTING A
PETITION TO EXTEND ITS EXTRATERRITORIAL JURISDICTION TO
INCLUDE ALL PORTIONS OF A 182.66 ACRE TRACT OF LAND, MORE OR
LESS THAT IS NOT PRESENTLY ENTIRELY LOCATED IN THE
EXTRATERRITORIAL JURISDICTION AND BEING WITHIN ALL OR PARTS
OF THE L. NEATHERLY SURVEY, ABSTRACT NO. 962 AND THE E.
HAWKINS SURVEY, ABSTRACT NO. 581, DENTON 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 a petition from the Rudman Partnership
("Owner") requesting that the Town's ETJ be extended to include all portions a 182.66 acre tract
of land, more or less, that is not presently entirely located in the ETJ and being within all or parts
of the L. Neatherly Survey, Abstract No. 962 and the E. Hawkins Survey, Abstract No. 581,
Denton 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this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not
abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal
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
C:\Documents and Settings\Shanae\Local Settings\Temporary Internet Files\OLK13\Ordinance to Extend ETJ(Rudman).doc Page 1
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.
gr'AIRLE k/'.WAN , MAYOR
ATTEST TO:
SHANAE JENNI , Town Se, etary
C:\Documents and Settings\Shanae\Local Settings\Temporary Internet Files\OLK13\Ordinance to Extend ETJ(Rudman).doc Page 2
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EXHIBIT A
LEGAL DESCRIPTION
182.66 ACRES
BEING a 182.66 acre tract of land out of the L. NEATHERLY SURVEY Abstract No.
962, and the E. HAWKINS SURVEY, Abstract No. 581, in Denton 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.
BEGINNING at a point in the centerline of Fish "t"ic.:. 7oad for the northwest corner of
said Rudman tract;
THENCE with said centerline, North 89°50'15" East, a di:5tancc of 2076.10 feet to a point
for corner;
THENCE leaving said centerline, the following courses and distances to wit:
South 00°37'16" East, a distance of 2702.54 feet to a point for corner'
North 89°26'58" East, a distance of 700.00 feet to a point for corner;
South 00°19'43" East, a distance of 1045.05 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 700.00 feet to a point in the east line of a
tract of land described in deed to Bert Fields, Jr., recorded in Volume 375, Page 333 of
the Deed Records of Denton County, Texas;
THENCE with said east line, North 00°15'51" East, a distance of 345.08 feet to the
northeast corner of said Fields tract;
THENCE with the north line of said Fields tract, North 89°40'03" West, a distance of
2183.69 feet to a point for the southeast corner of a tract of land described in deed to
Julia Cray;
THENCE with the east line of said Cray tract, North 01°11'48" East, a distance of
3384.52 feet to the POINT OF BEGINNING and containing 182.66 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..„..,._ .. •
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January 24,2004 `1
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