77-03 O - Annexation - 160 Acres, JR Tunney Survey, Abstract No. 916, Vol. 477, Pg. 307 (Carter Store) 4IP
CITY OF PROSPER, TEXAS, ORDINANCE NO. 77 3
AN ORDINANCE ANNEXING TERRITORY TO THE CITY OF
PROSPER, TEXAS AND EXTENDING THE BOUNDARY LIMITS OF
SAID CITY TO INCLUDE SAID PROPERTY WITHIN SAID CITY
LIMITS AND GRANTING TO ALL THE INHABITANTS OF SAID
TERRITORY ALL THE RIGHTS AND PRIVILEGES OF OTHER
CITIZENS AND BINDING SAID INHABITANTS BY ALL OF THE
ACTS, ORDINANCES, RESOLUTIONS AND REGULATIONS OF SAID
CITY; PROVIDING FOR AN EFFECTIVE DATE OF THIS
ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
WHEREAS, application having been duly made for annexing
said territory to the City of Prosper , Texas, which application
is in the form of a petition duly and legally executed and filed
with the Mayor of the City of Prosper, Texas , and the Mayor,
having certified the same to the Council of the City of
Prosper, Texas; and,
WHEREAS, the Council of the City of Prosper, Texas, has
investigated into and determined that all of the facts contained
in said petition are true; and,
WHEREAS, all legal notices required for annexation have
been given in the manner and form set forth by law and a public
hearing has been held on the proposed annexation and all othe:r
requirements of notice and completion of such annexation
procedures being fulfilled; and,
WHEREAS, the Council of the City of Prosper, Texas, has
investigated and determined that it will be advantageous and
beneficial to the City cf Prosper, Texas, and its inhabitants as
well as the hereinafter described territory to annex such
territory to the City of Prosper, Texas:
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF PROSPER, TEXAS:
A
SECTION ONE: That the territory described as follows and
all public streets , roads and alleyways located within or
contiguous to same , be and the same is hereby annexed to the
City of Prosper , Texas , to-wit:
All that certain lot , tract or parcel of land lying and
being situated in the County of Collin, State of Texas and being
out of the John R. Tunney Survey , Abstract No. 916 and being a
part of a 160 acre tract described in a deed from Dorothy Ruth
VanBevers et al to C. G. Hayes , et ux, dated November 9, 1953 ,
and recorded in Volume 477 , Page 307 of the Collin County Deed
Records and being more particularly described as follows:
BEGINNING at a 1/2" iron rod from whence the Southeast
corner of the above mentioned 160 acres bears N 88 deg 59 min 27
sec East a distance of 346.53 feet;
THENCE SOUTH 88 deg 59 min 27 sec West a distance of 370.84
feet to a right of way marker for a corner; said marker being in
the Eastern right of way line of State Highway 289 and also
being the Southwest corner this tract;
THENCE NORTH 21 deg 18 min East along with the Eastern
right of way line of State Highway 289 a distance of 300.0 feet
a 1/2" iron rod the Northwest corner of this tract;
THENCE NORTH 88 deg 59 min 27 sec East a distance of 256.96
feet a 1/2" iron rod the Northeast corner of this tract;
THENCE SOUTH 1 deg 00 min 33 sec East a distance of 277 .54
feet to the PLACE OF BEGINNING and CONTAINING 2.0 acres of land.
SECTION TWO: That from and after the passage of this
Ordinance , said territory shall be a part of the City of
Prosper , Texas , and the inhabitants thereof shall be entitled to
all of the rights , privileges and immunities of all other
citizens of the City of Prosper , Texas , and shall be bound by
all of the Ordinances and regulations enacted pursuant to and in
conformity with the general laws of the State of Texas .
SECTION THREE: That should any part or portion of this
Ordinance , or of the use created herein affecting the
aforementioned property, be declared unconstitutional or invalid
by a Court of competent jurisdiction, it is expressly provided
that any and all remaining portions and those provided for
within this Ordinance shall remain in full force and effect.
SECTION FOUR: The caption of this Ordinance shall be
published one time in a weekly newspaper published in the City
of Prosper , Texas , and shall be effective immediately upon its
passage and such publication.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
PROSPER, TEXAS, on this c' Q/ day of ,4 --;C%, /,-//2, _ , 1977 .
r
. g i...e___
Roy ke y ton, Mayor
(6-. City of Prosper , Texas
CORRECTLY RECORDED:
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City Secretary /�
It is understood and agreed by all parties concerned that the City of
Prosper shall not supply sewer service to this tract of land described in
in this Ordinance until such time that there is a trunk line installed which
will feed into the. Prosper Sewer System by gravety flow or a lift pump
station and paid for by the property owners.
4110 It is further understood that there will be no charge for sewer service until
the above mentioned conditions are complied with. `
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Ail-t—
Roy ' elton, Mayor
City of rrosper
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Matti. P. bridges
Secretary