85-12 O - Vacating Portions of Third Street 2724 I 6 5
67606
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ORDINANCE NO. ( I
vow oboe CITY OF PROSPER
AN ORDINANCE VACATING PORTIONS OF THIRD STREET AND AN ALLEY LOCATED
WITHIN THE CITY OF PROSPER, TEXAS; ACCEPTING THE GRANT TO THE CITY
OF PROSPER, TEXAS , OF RELOCATED PORTIONS OF THIRD STREET; CONFIRMING
THE OWNERSHIP OF VACATED PORTIONS OF CERTAIN STREETS AND ALLEYS IN
THE ADJOINING LANDOWNERS
WHEREAS , the City Council of the City of Prosper, Texas , having
inquired into the matter has determined that certain portions of
Third Street should be relocated and a certain alley which has never
been opened or used as public right-of-way should be vacated; and,
WHEREAS , it would be in the best interests of the City to
confirm the ownership of the portions of the street and alley to be
so vacated,
IT IS THEREFORE ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PROSPER, TEXAS:
Section 1. All that portion of Third Street described as follows
shall be , and the same is hereby vacated and abandoned as right-of-way:
BEGINNING at an iron rod found for the Southwest corner of Lot 23 ,
Block 4 , Bryant ' s First Addition, an addition to the city of
Prosper, Collin County , Texas , according to the PLAT recorded
in VOLUME 116 , PAGE 162, of the DEED RECORDS of Collin County,
Texas, said iron rod being in the East line of Main Street and
the North Line of Third Street;
THENCE SOUTH with the East line of Main Street for a distance
of 60 . 0 FEET and corner, said corner being the Northwest
corner of Lot 1 , Block 6 , of the beforementioned addition;
THEN EAST with the South line of Third Street and the North line
of Block 6 for a distance of 295. 0 FEET and corner, said corner
being in the West line of Business 289 (Coleman Street) ;
THENCE NORTH for a distance of 60.0 FEET and corner, said corner
being the Southeast corner of Lot 14 , Block 4 , of the before-
mentioned addition;
THENCE WEST with the South line of block 4 and the North line
of Third Street for a distance of 295 .0 FEET to the PLACE OF
BEGINNING.
Section 2. In substitution for the vacated portion of the said
Third Street , the City of Prosper, Texas , hereby accepts the grant,
dedication, and donation of the following described property to
the City of Prosper Texas to be used for right-of-way for Third
Street in substitution for the portion of said right-of-way herein-
above vacated:
r 2724 166
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' COMMENCING at an iron rod found for the Southwest corner of
Lot 23 , Block 4 , Bryant ' s First Addition, an addition to the
4111111600 City of Prosper, Collin County, Texas , according to the PLAT
recorded in VOLUME 116 , PAGE 162 , of the DEED RECORDS of
Collin County , Texas , said iron rod being in the East line of
Main Street;
THENCE SOUTH for a distance of 33. 0 FEET to the PLACE OF
BEGINNING;
THENCE SOUTH for a distance of 50.0 FEET and corner;
THENCE EAST for a distance of 295. 0 FEET and corner;
THENCE NORTH for distance of 50. 0 FEET and corner;
THENCE WEST for a distance of 295. 0 FEET to the PLACE OF
BEIGINNING.
Section 3 . All that portion of the following described alley shall
be and the same hereby is vacated and abandoned by the City of
Prosper, Texas;
BEGINNING at an iron rod found for the Northwest corner of
Lot 18 , Block 4 , Bryant ' s First Addition, an addition to the
City of Prosper, Collin County, Texas , according to the PLAT
recorded in VOLUME 116 , PAGE 162 , of the DEED RECORDS of
Collin County , Texas, said iron rod being in the south line
of an alley;
THENCE WEST for a distance of 20 . 0 FEET and corner;
THENCE SOUTH for a distance of 140 . 0 FEET and corner;
THENCE EAST for a distance of 20 . 0 FEET and corner;
THENCE NORTH for a distance of 140 .0 FEET to the PLACE OF
BEGINNING.
Section 4 . The ownership of the vacated portions of the aforesaid
alley is hereby confirmed in the owners of the adjoining property
and each said owner is vested with title to the half of the said
vacated alley adjoining such owner ' s property. N
loir Section 5 . This ordinance shall serve to relinquish the claim of N..)the City of Prosper, Texas upon the use of said property as City -
riyht-of-way and for such other public uses as may be appropriate
and shall not constitute any warranty of title to the said premises.
Section 6 . This ordinance shall be effective immediately upon the CD
recording of a certified copy hereof in the records of Collin .....4
County , Texas.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
PROSPER, TEXAS , this IL day of ( , 1985.
ANY PROVISION HEREIN WHICH RESTRICTS THE SALE,
RENTAL OR USE OF T RER CE SBNVAL DLAND UNEN-
BECAUSE ON E C DRR EDERAL LAW. /1. 44 /4./
FORCEABLE U
ATTEST:
C"Sec etar
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1.187 OCT -9 Pli I: 4 2
cotil4i ';
i,,OLLIN COUNTY.TEXAS
DEpur
STATE OF TEXAS COUNTY OF COLLIN
Pled on the date and time sbmped hereon by me and was
did/recorded in the volume and page of the named records
Of ollin County Texas as stamped hereon by me.
OCT 1 2. 87
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AMENDMENT TO ORDINANCE NO .85-12 74551
APPROVING A VARIANCE
CITY OF PROSPER , TEXAS
WHEREAS THE SETBACK FROM THIRD STREET WAS NOT PROPERLY
OBSERVED BY THE BUILDER OF THE PROSPER ' 83 JOINT VENTURE ,
AND
WHEREAS , THE TOWN OF PROSPER FAILED TO DETECT THE ERROR
UNTIL CONSTRUCTION WAS COMPLETED, AND
WHEREAS THE BUILDING IMPROVEMENTS AS ERECTED ARE 1 . 1 FOOT
FOR BUILDING C, AND BUILDING A IS . 2 FOOT LESS THAN RE-
QUIRED BY ORDINANCE 85-26 .
THEREFORE THE CITY COUNCIL APPROVES A VARIANCE OF TWO (2)
FEET FROM THE ORDINANCE REQUIREMENT OF TWENTY-FIVE FEET
MAKING THE SETBACK WITH VARIANCE OF TWENTY-THREE FEET.
IT IS FURTHER ORDERED THAT THIS RESOLUTION BE RECORDED IN
THE OFFICE OF THE COUNTY CLERK AS AN AMENDMENT TO THE
PLAT PLAN, RECORDED IN VOL . 2724 , PAGE 165 .
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY
OF PROSPER , TEXAS, ON THIS /Ozi, DAY OF NOVEMBER, 1987 .
ANY PROVISION HEREIN WHICH RESTRICTS THE SALE.
RENTAL OR USE OF THE DESCRIBED REAL PROPERTY r'
BECAUSE OF COLOR OR RACE IS INVALID AND UNEN-
F)RCEABLE UNDER FEDERAL LAW. MAYOR F .K . MULLENDORE
CITY OF PROSPER , TEXAS
L41
`�Y P ,,q i RLEY 4AC,%.5
,`P.••' IT1+.. SECRETARY
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\ THE.` V 1VE SIGN D BEFORE ME ,A NOTARY IN COLLIN COUNTY , TEXAS
.; ;.., . THE / 7 DAY OF NOVEMBER , 1987 .
N TARY
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COMMISSION EXPIRES
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1.337 NOV 13 Pi'; 2. 41
MAWLLrJ COUNTY. TEXAS
mor
OE PUT
STATE OF TEXAS COUNTY OF COWN
Filed on the date and lime stamped hereon by ate 811.«p
duly recorded in the volume and page of the named gyp;
Of Collin County.Texas as stamped hereon by me.
NOV 1 6. 87
%Oter+
O' Cowry CLERK.CoMn Could.Moat
RETURN TO : CITY OF PROSPER
P .O . BOX 293
PROSPER, TEXAS 75078