90-08 O - Annexation – Mahard 82.5 acres, Abstract #147, Volume 335, Page 474 3409 389
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ORDINANCE NO. 90-08 .44 L,C /1 19.
CITY OF PROSPER, TEXAS 45, 7
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 INHABIT-
ANTS OF SAID TERRITORY ALL THE RIGHTS AND PRIVILEGES OF OTHER
CITIZENS AND BINDING SAID INHABITIANTS BY ALL OF THE ACTS, ORDINAN-
CES, RESOLUTIONS AND REGULATIONS OF SAID CITY; PROVIDING FOR AN
EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR FILING HEREOF
WITH THE CLERK OF COLLIN COUNTY, TEXAS.
WHEREAS, a petition having been duly made for annexing certain
unoccupied territory, hereinafter described, to the City of Prosper,
Texas, which application being in the form of a petition by the sole
owner duly and legally executed, and;
WHEREAS, the Council of the City of Prosper, Texas has in-
vestigated same and determined that all of the facts contained in
said petition are true, and;
WHEREAS, the Council of the City of Prosper, Texas has heard
such petition and all the arguments for and against the same and
determined that it will be advantageous and beneficial to the City
of Prosper, Texas and its inhabitants, as well as to the herein-
after described territory, to grant such petition and annex such
territory to the City of Prosper, Texas :
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
PROSPER, TEXAS:
SECTION 1 . The territory described as follows and any and all
public streets, roads and alleyways located within or contiguous
to the same be and the same hereby is annexed to the City of Prosper,
Texas ;
Being a part of that 82.5 acre tract out of Lot 28 of the
Collin County School Lands Survey, Abstract No. 147 in
Collin County, Texas conveyed by deed recorded in Volume
335, Page 474, Deed Records of Collin County, Texas and
being more particularly described as follows:
Beginning at a 5/8" iron rod found for the southwest corner
of the 47.416 acre tract conveyed by deed recorded in Volume
3129, Page 299 thru 318, Land Records of Collin County, Texas;
• Thence with the west line of the said tract, North 01 degree
01' 21" West, a distance of 200.0 feet to a 1/2" iron rod set
for corner;
3409 390
Thence leaving the west line of the 47.416 acre tract,
North 89 degree 10' 54" East, a distance of 435.0 feet
to a 1/2" iron rod set for corner;
410
Thence South 01 degree 01' 21" East, a distance of 200.0
feet to a 1/2" iron rod in the south line of the 47.416
acre tract;
Thence generally with a fence line and the said south line,
South 89 degree 10' 54" West; passing a 1/2" iron rod found
at 408.96 feet; in all a total distance of 435.0 feet to the
Point of Beginning and containing 2.00 acreas of land.
SECTION 2. From and after the passage of this ordinance, said
territory shall be part of the City of Prosper, Texas, and the
inhabitants thereof shall br entitled to all of the rights,
privileges and immunities of all of the 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 3 . Should any part or portion of this ordinance or of the
use created herein affecting the aforementioned property be declar-
ed unconstitutional or invalid by a court of competent jurisdiction,
it is hereby expressly provided that nay and all remaining parts or
portions of this ordinance shall remain in full force and effect.
SECTION 4. A certified copy of this ordinance together with a
certified duplicate of the petition shall be filed in the office
of the County Clerk of Collin County, Texas, and the City Secretary
is hereby authorized and directed to do so. This ordinance shall
be effective immediately upon such filing.
DULY PASSED AND APPROVED BY THE CITY CO NCIL OF THE CITY OF
PROSPER, TEXAS ON THIS THE //L-IzJ DAY OF , 1990 .
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ATTEST:
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STATE OF TEXAS tiz, ,,r(- ;�; 09
PETITION ,y 7/ /9
COUNTY OF COLLIN NTY r thr,
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The undersigned being first duly sworn and'%-.cutioned says
and deposes that he is ANDY MAHARD ;
That the undersigned is the owner in fee simple of the real
estate described on the attached exhibit;
That fewer than three (3) qualified voters reside upon said
property;
That said property is contiguous to the boundries of the City
of Prosper, Texas, and no part thereof is more than one-HALF (1/2)
mile from the present city limits;
That the undersigned hereby request and petitions the City
Council of the City of Prosper, Texas, to annex said property and
extend the boundaries of the City to include said property;
That this petition if offered for the purpose of inducing the
City if Prosper, Texas to accept said territory into its municipal
limits in accordance with the provisions of Art. 974g, Vernon' s Ann.
Civ. Stat.
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ACKNOWLEDGED BEFORE ME BY ANDY MAHARD , THIS
13th DAY OF NOVEMBER , 1990.
NOT Y P/U' I FOR
THE STATE OF`T EXAS
COMM. EXP. 5-22-91
•
3409 386
LEGAL DESCRIPTION
THE ARCHER COMPANY
2 .00 ACRES
• Being a part of that 82.5 acre tract out of Lot 28 of the Collin County
School Lands Survey, Abstract No. 147 in Collin County, Texas conveyed by
deed recorded in Volume 335, Page 474, Deed Records of Collin County,
Texas and being more particularly described as follows:
Beginning at a 5/8" iron rod found for the southwest corner of the 47.416
acre tract conveyed by deed recorded in Volume 3129, Page 299 thru 318,
Land Records of Collin County, Texas;
Thence with the west line of the said tract, North 01° 01' 21" West, a
distance of 200.0 feet to a 3" iron rod set for corner;
Thence leaving the west line of the 47.416 acre tract, North 89° 10' 54"
East, a distance of 435.0 feet to a " iron rod set for corner;
Thence South 01° 01' 21" East, a distance of 200.0 feet to a 2" iron rod
set in the south line of the 47.416 acre tract;
Thence generally with a fence line and the said south line, South 89° 10'
5'1" Wcst; passing a " iron rod found at 408.96 feet; in all a total distance
of 135.0 feet to the Point of Beginning and containing 2.00 acres of land.
SURVEYORS CERTIFICATION
I the undersigned, hereby certify that the plat and field notes represent an
actual and accurate survey on the ground and that the corner monuments
shown therein were properly placed under my supervision and that there are
no encroachments, conflicts or protrusions EXCEPT as shown.
DATED THIS DAY OF , 1990.
/f y
B. L. NELSON, +'
Registered Professional Land Surveyor #21.75
THE NELSON CORPORATION
5999 Summerside Drive, Dallas, Texas 75252
( 214 ) 380-2605
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THE ARCHER Coritpoto.W
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RESjRICiS YhE
PF,O`1tS1Div HEC1EItd 1PCIIC REAL Pti6PER�Y
TIE DESCRIBED uNEN
;�ECAU OR USE O OR RACE IS IhVRLID AND
BF-CRUSE OF COLOR
v-MCE NBEE WADER FEDERAL LA11.
TOWN OF PROSPER
109 MAIN
P. 0. BOX 297
PROSPER, TX 75078
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DEC 1.7 1990
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�` COUNTY CLERK Coifin Coin,1ens