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84-13 O - Variance Agreement with Rhea Mills Estates NO. gc-- I (We AN ORDINANCE ACCEPTING AND APPROVING THE FINAL PLAT OF RHEA MILLS ESTATES, GRANTING CERTAIN VARIANCES FROM THE 41, ORDINANCES OF THE CITY OF PROSPER, TEXAS CONCERNING THE CONTENT AND APPROVAL OF SUBDIVISION PLATS AND ESTABLISHING AN EFFECTIVE DATE WHEREAS, the preliminary plat for RHEA MILLS ESTATES was offered for approval by the City of Prosper prior to the adoption of Ordinance No. 84-5 entitled "Subdivision Ordinance" , and; WHEREAS, such preliminary plat was not accepted by the City until the annexation of the property to which it referred, which annexation occurred subsequent to the adoption of the aforesaid subdivision ordinance; and, IV WHEREAS, the Planning and Zoning Commission of the City of Prosper, Texas to which reference is made in said subdivision ordinance has not been created, and; WHEREAS, said subdivision ordinance does not expressly provide for subdivisions of one ( 1 ) acre lot size of the sort commonly re- ferred to as "Country Estates" and it is the finding of the Council that such ordinance does therefore not provide adequately for the subdivision of RHEA MILLS ESTATES ; and, WHEREAS, it is the finding of Council that it would be unduly and unreasonably burdensome to require the subdivision of RHEA MILLS 411, ESTATES to comply fully with the provisions of the aforesaid subdivision ordinance: IT IS THEREFORE ORDAINED BY THE CITY COUNCIL OF PROSPER, TEXAS: Section 1. Nothwithstanding any non-conformity to the requirements of Ordinance 84-5 of the City of Prosper, Texas with regard to the location of streets and improvements and construction standards for the same, the final subdivision plat of RHEA MILLS ESTATES, an addition to the City of Prosper, Texas, is hereby approved for recordation and accepted by the City Council of the City of Prosper, Texas. 4 • c Section 2. Upon the payment of the fees provided in Ordinance 84-5 41by and upon the fulfillment of the conditions for recording stated in said ordinance, the Mayor and the Secretary shall be authorized, and they are hereby directed, to indicate the approval of said subdivision plat upon the final original thereof. Section 3. This ordinance shall be effective immediately upon its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL, CITY OF PROSPER, TEXAS on the /0 day of Ccp.ti`-e , 1984. 041L_ 444( yor ATTEST: C. y Secretar 410 • •