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O-2024-13 Releasing 19.358 Acres West of FM 1385 from Town's Extraterritorial Jurisdiction (TW)Denton County Juh Luke County Clerk Instrument Number: 12077 ERecordings-RP ORDINANCE Recorded On: February 06, 2024 01:41 PM Number of Pages: 5 " Examined and Charged as Follows: " Total Recording: $41.00 *********** THIS PAGE IS PART OF THE INSTRUMENT *********** Any provision herein which restricts the Safe, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. File Information: Record and Return To: Document Number: 12077 Simplifile Receipt Number: 20240206000379 Recorded Date/Time: February 06, 2024 01:41 PM User: Joy R Station: Station 19 • Ga'UN tom' STATE OF TEXAS COUNTY OF DENTON I hereby certify that this Instrument was FLED In the File Number sequence on the date/time 1� ¢ printed hereon, and was duly RECORDED in the Official Records of Denton County, Texas. Juli Luke 1846 County Clerk Denton County, TX TOWN OF PROSPER, TEXAS ORDINANCE NO. 2024-13 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, RELEASING 19.358 ACRES, MORE OR LESS, FROM THE TOWN OF PROSPER'S EXTRATERRIROTIAL JURISDICTION; MAKING FINDINGS; PROVIDING FOR A REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Prosper, Texas ("Town"), is a home -rule municipal corporation duly organized under the laws of the State of Texas; and WHEREAS, as authorized by Subchapter D of Chapter 42 of the Texas Local Government Code, the landowners of the property herein described have requested and petitioned in writing that the Town of Prosper exclude the property herein described from the Town's extraterritorial jurisdiction ("ETJ"); and WHEREAS, the Town has determined that the submitted petition complies with the requirements of Subchapter D of Chapter 42 of the Texas Local Government Code and that such law requires the release of the property herein described from the Town's ETJ. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 All of the above premises are found to be the true and correct legislative determinations of the Town of Prosper and they are hereby approved and incorporated into the body of this ordinance as if copied in their entirety. SECTION 2 From and after the effective date of this Ordinance, the following property, more particularly described in Exhibit A, attached hereto and incorporated by reference, is hereby released from the Town's ETJ. Further, the Town's ETJ boundary map is hereby amended in accordance with the ETJ release referenced in this Ordinance, and as required by Section 41.001 of the Texas Local Government Code. SECTION 3 All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict. Any remaining portion of conflicting ordinances shall remain in full force and effect. SECTION 4 If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason, held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The Town of 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. SECTION 5 This Ordinance shall become effective after its passage. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 23RD DAY OF JANUARY, 2024. APPROVED: David F. Bristol, Mayor ATTEST: ILLO.UJULI�-k 1 ?';exa—k-x� Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: Terrence S. Welch, Town Attorney Ordinance No. 2024-13, Page 2 EXHIBIT A (Legal Description of the Property to be Released from Town's ETJ) Ordinance No. 2024-13, Page 3 EXHIBIT A PROPERTY DESCRIPTION BEING a 19.358-acre(843,243 square foot) tract of land located in the William Lumpkin Survey, Abstract No. 730 Denton County, Texas, being all of that tract described in Warranty Deed to Walter Edward Smirl as recorded in Volume 1140, Page 43, Deed Records Denton County Texas (DRDCf), and being all of that tract described in General Warranty Deed with Vendor's Lien to Arks Fish Trap Investments, LLC as recorded in Document No. 2017 - 2389, Official Records Denton County Texas (ORDCI), and being more particularly described as follows: BEGINNING at a lit -inch iron roil found' in the west line of Statc Farm To Market Highway 1385 (Flat 1385, called 80-foot right of way), for the soudteast comer of the 1wrein deacr bell Soot and the northeast corner of that parcel described in Warnmty Deed to fohn D. Smirl oriel wife Cleo Smirl as recorded in Volume 1140, page 39, freed Records Denton County Texas,, THENCE North 88°19'38" West with the line common to said tract, a distance of 501.32 feet to a found 1/2-inch iron rod for the common westerly comer of said tracts, said point being on the east line of said Arks Fish 17rap Inveslmcnls, LLC trod, TH13NCr "South 01°34'40" West with the esst line of said Arica tract, at a distance of $53.31 feet, Passing a found 1- inch iron pipe, continuing fora total distance of 961.86 feel to a faund.5/8 inch iron rod with cap merited "ADAMS SURVEYING] COMPANY, LLC" (CIRF)in tho west line of Slate Farr) To Market Highway 1385 (FM 13S5, ea [led Wfaot right of way), also being on a non-fangcnt carve to the left; THENCE with said non-tangeat curve to the left, laving a radius of 358.31 felt, a central angle of 10104'04", an are length of 62.96 feet, and a chord of South 16102'03" West, 62.88 feat to a act 5/8-1nch iron rod with cup marked "ADAMS SURVEYING CO?&ANY LLtE un she northerly lincoffish Trap Road (prewriptiva Roadway}; THENCE with the northerly line of fishtrap as follows: North 88"41'58" West, a distance of 467.05 feet to a found 1/2-inch iron rod; North 88°42' 17" West, a distance of 64,73 feet to a 1/2-incur iron nod found in the aforesaid north lire of Fishtrap Road for the common southerly corner of said Arka tract and that called 5.973-acre tract described in Deed with United Warranty of Title to Rollinghouse Properties, LP as recorded in Document No. 2017 -127926, ORDCP; THENCE North 04'1 VOT' East with the line common to said tracts, a distance of 1,013.50 feet to a found 1/2-inch iron rod for the northwest comer of said Arka tract and a common corner fbr that called 2.2.3792 described in Special Warranty Deed to Rollinghouse Properties, LP as recorded in 2014 - 72993, ORDCT; THI NCE South 66TO'28" Faso a distance of 499.45 feet to a found U2-inch iron rod for the common easterly comer for said Arica and Rollinghouse tracts; THENCE North Ol °34'40" Fast with the oast line of said 7.333 acre tract, a distance of 572.49 feet to a CIRF; THENCE South 88'19'38" East, a distance of 500.92 feet to a CIRF for the northeast comer of the herein described tract on the aforesaid west right of way line for FM 1395; THENCE South 01°29'11" West with said right of way line, a distance of 373.66 feet to a CIRF 111ENCE South 01137'11" West continuing with said west right of way line, adWance of 264.80 feet to the POINT OF 131101NNING and containing 19.358-acres (843.243 square foot) of land; mory or less.