18-94 - O20181218001535750 12/18/2018 03:07:05 PM 00 1/8
TOWN OF PROSPER, TEXAS ORDINANCE NO. 18-94
AN ORDINANCE PROVIDING FOR THE ANNEXATION OF A TRACT OF
LAND SITUATED IN THE GEORGE HORN SURVEY, ABSTRACT NO. 412,
COLLIN COUNTY, TEXAS, CONTAINING APPROXIMATELY 9.054 ACRES
OF LAND, AND BEING MORE GENERALLY LOCATED ON THE NORTH SIDE
OF E. PROSPER TRAIL, 1,100 FEET WEST OF CUSTER ROAD, MORE OR
LESS, IN COLLIN COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND
INHABITANTS OF THE ABOVE -DESCRIBED TRACT OF LAND SHALL BE
ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF
PROSPER AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN
EFFECT AND HEREAFTER ADOPTED; PROVIDING FOR REPEALING,
SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council'), pursuant
to the authority contained in Chapter 43 of the Texas Local Government Code, has investigated
and determined that it would be advantageous and beneficial to Prosper and its inhabitants to
annex the hereinafter described property ("Property") into the Town of Prosper ("Town"); and
WHEREAS, the Town Council finds that all requisites relative to consideration and
adoption of this Ordinance have been complied with, pursuant to Chapter 43, Texas Local
Government Code; and
WHEREAS, the Town Council finds that the Property that is the subject of this
Ordinance is within the extraterritorial jurisdiction of the Town and is adjacent and contiguous to
the existing town limits of the Town; and
WHEREAS, the Town Council finds that the field notes close the boundaries of the
Property being annexed; and
WHEREAS, the Town Council has conducted at least two public hearings at which
persons interested in the annexation were given an opportunity to be heard regarding the
proposed annexation and the proposed service plan; and
WHEREAS, the Town Council finds the public hearings were conducted and held in
accordance with Chapter 43 of the Texas Local Government; and
WHEREAS, the Town Council finds the proposed Service Plan for Annexed Area was
prepared in compliance with law and was available for review and inspection by citizens; and
WHEREAS, the Town Council finds that all legal notices, hearings, procedures and
publishing requirements for annexation have been performed and completed in the manner and
form set forth by law.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above are incorporated into the body of this Ordinance as if fully
set forth herein.
SECTION 2
The Property described in the attached Exhibit A and all public streets, roadways and
alleyways located within or contiguous to the same is hereby annexed into the Town.
SECTION 3
The Service Plan for the Property is attached hereto as Exhibit B and made a part hereof
for all purposes.
SECTION 4
From and after the passage of this Ordinance, the Property shall be a part of the Town,
and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of
Town and shall be bound by all of the ordinances and regulations enacted pursuant to and in
conformity with the laws of the State of Texas.
SECTION 5
That the official map and boundaries of the Town are hereby amended to include the
property as part of the Town and that a certified copy of this Ordinance shall be filed in the
County Clerk's Office of Collin County, Texas.
SECTION 6
It shall be unlawful for any person, firm or corporation to make use of the Property in
some manner other than as authorized by this Ordinance and Zoning Ordinance No. 05-20, and
any amendments thereto; and it shall be unlawful for any person, firm or corporation to construct
on the Property any building that is not in conformity with the permissible use under this
Ordinance and Zoning Ordinance No. 05-20, and any amendments thereto.
SECTION 7
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 8
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,
Ordinance No. 18-94, Page 2
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 9
This Ordinance shall become effective immediately upon its passage.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, /3TTH DAY OF NOVEMBER, 2018.
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ATTEST:
Robyn B e, o n Secretao
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No. 18-94, Page 3
EXHIBIT A
PROPERTY DESCRIPTION
BEING situated in the George Horn Survey, A-412, in Collin County, Texas, and being that
certain tract described in General Warranty Deed to Chinmaya Missions DFW, recorded
under County Clerk's File No. 20171208001623850, Official Public Records, Collin County,
Texas (O.P.R.C.C.T.), and being more particularly described by metes and bounds as
follows:
BEGINNING at a 1/2 inch iron rod found for corner at the northwest corner of said Chinmaya
tract, said point being the most western southwest corner of RHEA MILLS ESTATES, an
Addition to the City of Prosper, according to the map thereof recorded in Volume 1, Page
753, Map Records, Collin County, Texas, and being in the east line of a tract of land
described in a Deed to Double H Horse and Cattle, LLC, and recorded under County
Clerk's File No. 20090108000022820, O.P.R.C.C.T.;
THENCE South 68 degrees 17 minutes 53 seconds East, along the northeast line of said
Chinmaya tract and the southwest line of said RHEA MILLS ESTATES, a distance of
1058.91 feet to a 1/2 inch iron rod found for corner at an angle point therein;
THENCE South 88 degrees 07 minutes 51 seconds East, along a north line of said
Chinmaya tract and a south line of said RHEA MILLS ESTATES, a distance of 486.97 feet to
a 3/8 inch iron rod found for corner at an angle point therein;
THENCE North 54 degrees 15 minutes 41 seconds East, along a northwest line of said
Chinmaya tract and a southeast line of said RHEA MILLS ESTATES, a distance of 23.70
feet to a 1/2 inch iron rod found for corner at the northeast corner of said Chinmaya tract
and the most northern northwest corner of Lot 2, Block A, LIGHT HOUSE CHURCH
ADDITION, an Addition to the City of Prosper, according to the map thereof recorded in
County Clerk's File No. 20140925010003230, O.P.R.C.C.T.;
THENCE South 23 degrees 27 minutes 20 seconds East, along an east line of said
Chinmaya tract and a west line of said LIGHT HOUSE CHURCH ADDITION, a distance of
175.06 feet to a 1/2 inch rod found for corner at the most eastern southeast corner thereof;
THENCE North 88 degrees 07 minutes 47 seconds West, along a south line of said
Chinmaya tract and a north line of said LIGHT HOUSE CHURCH ADDITION, and
continuing along a north line of a tract of land described in General Warranty Deed to Chi -
Wei Lang et ux, of record under County Clerk's File Number 20160902001172680,
O.P.R.C.C.T., a distance of 358.71 feet to a 1/2 inch iron rod found for corner at an angle
point therein;
THENCE North 68 degrees 16 minutes 44 seconds West, along a southwest line of said
Chinmaya tract and a north line of said Chi -Wei Lang tract, a distance of 514.94 feet to a 1/2
inch iron rod found for corner at the northwest corner of said Chi -Wei Lang tract;
Ordinance No. 18-94, Page 4
THENCE South 01 degrees 54 minutes 08 seconds West, along an east line of said
Chinmaya tract and the west line of said Chi -Wei Lang tract, a distance of 226.66 feet to a
1/2 inch iron rod found for corner in the present north right-of-way line of E. Prosper Trail as
described in a Deed to Collin County, as recorded in Volume 4815, Page 1185, Deed
Records, Collin County, Texas;
THENCE North 87 degrees 48 minutes 07 seconds West, along the south line of said
Chinmaya tract and said north right-of-way line, a distance of 289.42 feet to an angle point;
THENCE North 87 degrees 48 minutes 10 seconds West, continuing along south line of
said Chinmaya tract and said north right-of-way line, a distance of 441.88 feet to a 1/2 inch
iron rod found for the southwest corner of said Chinmaya tract and the northwest corner of
said Collin County tract; said iron rod also being the southeast corner of said Double H
Horse and Cattle, LLC tract;
THENCE North 01 degrees 38 minutes 04 seconds East, along the west line of said
Chinmaya tract and the east line of said Double H Horse and Cattle, LLC tract, a distance
of 550.63 feetto the PLACE OF BEGINNING and containing 9.054 acres (394,379 square
feet) of land.
NOTE: This description is a representation of documents of record.
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Ordinance No. 18-94, Page 5
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SERVICE PLAN FOR ANNEXED AREA
ANNEXATION ORDINANCE NO. 18-94
DATE OF ANNEXATION ORDINANCE: November 13, 2018.
Municipal Services to the area of land depicted in Exhibit A shall be furnished by or on behalf of
the Town of Prosper, Texas ("Town") at the following levels and in accordance with the following
schedule.
A. POLICE PROTECTION:
Police personnel and equipment from the Prosper Police Department shall be provided to
the area annexed, at a level consistent with current methods and procedures presently
provided to similar areas of the Town, on the effective date of this Ordinance.
B. FIRE PROTECTION / EMERGENCY MEDICAL SERVICES:
Fire protection and Emergency Medical Services (EMS) from the Town shall be provided to
the area annexed, at a level consistent with current methods and procedures presently
provided to similar areas of the Town, on the effective date of this Ordinance.
C. FIRE PREVENTION / INVESTIGATION:
The services of the Town of Prosper Fire Department shall be provided to the area on the
effective date of this Ordinance. The non -emergency services of fire prevention and fire
investigation will be added to the list of services provided by the Prosper Fire Department.
D. SOLID WASTE COLLECTION:
Solid waste collection shall be provided to the area annexed upon request on the effective
date of this Ordinance up to the second anniversary of the annexation. After that time,
residents will be required to use the Town's solid waste collection company. The collection
of refuse from individual properties shall be made in accordance with the Town's usual solid
waste collection scheduling.
f 4R11JI_%9 4:�&*lZAU"
1. This area is currently serviced by the Town's water distribution system. Future
expansion and extensions of the Town's Water Distribution System will provide better
flow rates and line pressures, and is in accordance with applicable Town codes and
policies.
2. Maintenance of private lines will be the responsibility of the owner or occupant
F. SANITARY SEWER SERVICE:
The annexed area will be provided sanitary sewer service in accordance with applicable
codes and departmental policy. When development occurs in adjacent areas, sanitary
sewer service shall be provided in accordance with applicable Town codes and policies,
including extensions of service.
Ordinance No. 18-94, Page 7
2. Operation and maintenance of private wastewater facilities in the annexed area will be
the responsibility of the owner.
G. ROADS AND STREETS / STREET LIGHTING:
1. Operation and maintenance of private streets in the annexed area will be the
responsibility of the owner.
2. Operation and maintenance of public streets in the annexed area will be provided by the
Town on the effective date of this Ordinance.
3. The Town will coordinate any request for improved street lighting with the local electric
provider in accordance with Town policy.
H. PARKS AND RECREATION:
Residents within the area annexed may utilize all existing Town park and recreation
facilities, on the effective date of this Ordinance. Fees for such usage shall be in
accordance with current fees established by Town ordinance.
ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES:
1. Enforcement of current environmental health ordinances and regulations, including, but
not limited to, weed and brush ordinances, junked and abandoned vehicles ordinances
and animal control ordinances, shall begin within this area on the effective date of the
annexation.
2. Inspection services, including, but not limited to, the review of building plans, the
issuance of permits and the inspection of all buildings, plumbing, mechanical, and
electrical work to ensure compliance with Town codes and ordinances will be provided
on the effective date of the annexation.
J. MISCELLANEOUS:
Any publicly owned facility, building, or service located within the annexed area shall be
maintained by the Town on the effective date of the annexation ordinance. All other
applicable municipal services shall be provided to the annexation area in accordance with
the Town's established policies governing extension of municipal services to newly annexed
areas.
Ordinance No. 18-94, Page 8
Filed and Recorded
Official Public Records
CO Stacey hemp, County Clerk
p Collin County, TEXAS
12/18/2018 03:07:05 PNI
<_ $54.00 TBARNETT
L 20181218001535750
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