84-11 O - Annexation, Ronald Rowland (Crown Sash)J2
ORDINANCE NO.
f
CITY OF PROSPER, TEXAS
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 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 investigated
♦ 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:
r BEING part of a 20.5892 acre tract of land situated
in the Collin County School Land Survey, Abstract No.
147, Collin County, Texas and being more particularly
described as follows:
BEGINNING at an iron pin in the centerline of an existing
road (S.H. 289) said point being the southeast corner of
said 20.5892 acre tract;
THENCE North 89 deg. 31 min. 51 sec. West a distance of
1098.78 ft. along the north line of the Town of Prosper,
Texas, to an iron rod for a corner;
THENCE, North 11 deg. 57 min. 00 sec. East a distance of
388.29 ft. along the east line of the St. L & S.F. Rail-
road 100 ft. R.O.W., to an iron rod for a corner;
THENCE South 89 deg.
31 sec. 51 min.
East a distance of
1029.45 ft. along the
south line of a
11.2936 acre tract
to an iron pin for a
corner;
THENCE South 1 deg.
40 min. 00 sec. West
a distance of
380.6 ft. along the
centerline of an
existing road to
the POINT OF BEGINNING
and containing
9.2956 acres
(404,916 sq. ft.) of
land.
SECTION 2. From and after the
passage of this
ordinance, said
V.J
I
M
territory shall be part of the City of Prosper, Texas, and the
inhabitants thereof shall be 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 declared
unconstitutional or invalid by a court of competent jurisdiction, it
is hereby expressly provided that any 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 author-
ized and directed to do so. This ordinance shall be effective
immediately upon such filing.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE
CITY OF PROSPER, TEXAS ON THIS THE / DAY 0F7_
1984.
;;�L
yor
ATTEST:
I . It
STATE OF TEXAS §
§ PETITION
COUNTY OF COLLIN §
The undersigned being first duly sworn and cautioned says
and deposes that he is Ronald E. Rowland
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 boundaries 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 requests 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 is offered for the purpose of inducing the
City of Prosper, Texas to accept said territory into its municipal
limits in accordance with the provisions of Art. 974g, Vernon's Ann.
Civ. Stat.
ACKNOWLEDGED BEFORE ME bythis
—,� day of,19.
l/V
N ary lic in a d for
The State of T E X A S
AGREEMENT
This agreement made this A'pp—)g (�'day ofL 1984,
by and between the City of Prosper, Texas, hereinafter referred to
as "City" and Ronald E. Rowland , hereinafter referred
to as "Owner".
W I T N E S S E T H:
WHEREAS, Owner is the owner of certain land located within the
extraterritorial jurisdiction of the City of Prosper, Texas, and des-
cribed on the attached Exhibit "A", and;
WHEREAS, Owner wishes to improve and use said property for
commercial or industrial purposes, and;
WHEREAS, in order to so use said property, the provision of
utility services is necessary, but the City of Prosper, Texas
is unwilling at this time to install such facilities, and;
WHEREAS, the said property has been designated an Industrial
District by the City Council of the City of Prosper, Texas.
It is therefore agreed:
I.
Owner, at Owner's expense, shall extend water and sewer lines as
hereinafter provided, from existing lines to Owner's property described
on Exhibit "A" attached hereto. Such water and sewer lines (herein-
after referred to as "the utilities") shall consist an eight inch (8")
water main with appropriate valves and connection to existing lines
and an eight inch (8") sewer main together with any necessary man-
holes or other installations. The utilities shall be constructed
entirely within right-of-way or easements owned by the City, or within
which City has a right to install utility lines. The construction
of such lines shall be in accordance with plans approved by the
City engineers of Prosper, Texas.
II.
City shall provide any consents, agreements or authorizations
necessary to permit the construction and use of the utilities as
soon as possible after request is made by Owner. In addition
thereto, City shall expedite any approvals required to be made by
the city's engineers in order to assure the completion of the project
as soon as possible.
Owner hereby grants to City the right to use the utilities and
to have other parties make use thereof, but Owner shall retain ownership
of the utilities for a period of ten (10) years. During such ten
(10) year period, City shall pay to Owner, by way of remibursement
of Owner's direct costs for installing the utilities, an amount
equal to the amount paid by Owner for each such calendar year for
real estate taxes. Any increase or decrease in the tax base for
said property or in the tax rate charged thereon shall result in a
like increase or decrease in the amount of reimbursement to be
paid by the City for such year. After such ten (10) year period,
Owner shall dedicate the utilities entirely to the use and ownership
of City, and provide any documentation required at that time to
effectuate the terms of this agreement. In addition to the foregoing,
City shall, immediately upon completion of the water line, reimburse
Owner for the cost difference between the water line as installed and
a six inch (6") water line installed in the same location. City shall
have the obligation from and after the connection of the utilities
to the existing lines to maintain, repair or replace such lines if
necessary.
E�
IV.
Construction of the utilities shall commence as soon as practic-
able and shall be carried on as expeditiously as possible but in any
event shall be completed within six (6) months after the date of
this agreement. During the construction period, Owner shall be
solely responsible for supervising and controlling the construction
process and agrees to save and hold City harmless from any and
all claims, demands or liabilities of any nature whatsoever
arising out of such construction.
IN WITNESS WHEREOF, the parties hereto have set their hands
on the date first aforesaid.
CITY OF PROSPER, TEXAS
By:�i
J hn Cockrell, May r
OWNER
By:
Om
SURVEY PLAT
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This is rtify that I, John V. Cantrell, Reg's eyed Public -Surveyor
have thi to made a careful and accurate surve n the ground of the
propert e&on platted. The lines and dimensionp lof the said property
being as indicated on the said plat. THERE ARE Nr PNCROACHKENTS, CONFLICTS;
OR PROTRUSIONS.
Kay, 9, 1965
:: ri�
XOHN V. CANTRELL
tO.5e92 Aces
FIELD NOTES
TRACT I
BEING part of a tract of land situated in the Collin County School Land Survey, Abstract No.
14 7, Coi)in,County, Texas and being more particularly described.as follows..
BEGINNING at an iron pin in the centerline of an existing road (
the
northeast corner of "said 20,5892 acre tract and the southeast corner oSf a 10.0179) saidoint acrebeing tract;
THENCE South 0°38'00" West a distance of 23.0 ft.;to an angle point;
THENCE South 1040104" West a distance of 477.40 ft, along the centerline of an existing road
to. an iron pin for a corner;
THENCE North 89°31'51" West a distance of 1029.45 ft. to an iron rod for a corner;
THENCE North 11*57100" East a distance of S09.91 ft. &Ions ,the Cast. line of the St. L. F, S.F.
Railroad 100 ft. 1t.0,N , to an iron` snd i;nr a corner,
' with 89! t�t}Q " tt { �..
6 flECI'Ot(NG >tOd.iCotl�ii►lt.:4t 017 gyre_.'.:,
tract to'thePOINT ��> wr
nini i1.#936 acres �'491,l49 'ft,) of`land.
TRACT 2:
BEING part,o.f a,20.S892 ada'Itract `of land situated in the Collin County`Schao1 land Srvey.
u Abstract No ;*IA7, Collin,L y�f Terss and being more pal<ticulariy `aQ; *bed` si"folloru
BEGINNING et an iron pin 14';tWcenterline of an 'existing road ('Jj w430 said g,
-the southeUt Corner of sail-lo`,S892 acre tract; point bean
THENCE North 89'31'Sl1j_Aest g distance of 1098.79 ft. along the north line of the Town of
Prosper,,'Tezgs,to an -:,iron rpd-for a corner;
THENCE; North11'S71001!-East aydi,stance of.388.29.ft. along the east line of the St. L. t S.F.
Railroad 100t'. R.O.N., tofan•:iron rod for a earner;
TIiENCE South 84°SI'a.' East a,?distance of 1029.45 ft. along the south line of, 11.T936 acre"
`a tract to an:Jron pin`for a'corner;
THENCE South l°40'00" Kest a distance of 380.E ft. along'the',91b cterl3aeRbf an existing road
to the POIM .OF.BEGINNING and containing 9.2956 acres (404sq. _f of land.
STREET° -EASEMENT ON 11.2936 ACRE TRACT
BEGINNING at'Ithe southeast corner,of said 11.2936 acre tract, said point being the northeast
corner.of a 0.29S6 acre tract; A.
THENCE North _89'31j51" Nest a distance of 7DO.0 ft. to a point of*curvature;
THENCE with a circular curve to the right having a beginning'tangent bearing of North 0°28'04"
East, a central angle of 1S0400'00", a radius of 60.0 ft.,'a tangent of'223.92'ft., and
an arc length of 157.08 ft- to a point of tangency;
THENCE South 89631'51" East a distance of S88.67 ft. to an iron rod for a corner;
THENCE South 10401001, West a distance -of 30.O1 ft. to the POINT OF BEGINNING and containing 0.4231•acres (18430 sq, ft.) of land.;
x
STREET EASEMENT ON 9.29S6 ACRE TRACT
BEGINNING at the northeast corner of said 9.2956 acre tract, said point being the southeast
corner of a 11.2936 acre tract;
THENCE South V40100" West a distance of 30.01 ft, to an iron rod for a corner;
THENCE'North 89°31151,, West a distance of S87.41 ft. tot point of curvature;
THENCE with a circular curve to the right having a begianing tangent bearini 0 South 30'28'09" West; a central angle of 150'00'OD", a radius of 60.0 ft.,�a tangent of 223.92 ft. and an
arc length of 157.08 ft. to an iron rod for a corner;
THENCE South 89°31'S1" East a distance of 700.0 ft. along the north line of said 9.29S6 acre
tract to the POINT OF BEGINNING and containing 0.4227 acres (18411 sq. ft.) of land.
20. FT. WIDTH trrILITI' EASDMNT
BEGINNING at a point in the south line of.a9.29S6 acre tract, said point being North
89*318511, Kest a.distance of 699.47 ft.-froa the southeast corner of said 9.2950 acre tract;
THENCE North 89°31'51" West a distance of 20.S3 ft. to an iron rod for a'corner;
THENCE North 13*29103" East a distance of 390.55 A. to an iron red for a torasr;
THENCE South 99'31'51" East a distance of 20.53 ft. along the north l'ine..of said 9.20S6
acre tract to an iron rod for a corner.;
THENCE South 13*129103" West a distance of 390.55 ft..to thf POINT OF BEGINNING and enchaining
0.1793 acres (7812 sq. ft.) of land,
To any person, firm or corporation iiyi,n; upon the 'aecur ty+ of1hi3 Eu�OJat :J,•-
Robes* E.�Acrey;-Registered•public-SOrveyor,'Statf'Of Texas, do"certify that this plat
represents measurements performed upon the ground under ■Y supervision, and indicates all
set back lines, easements, and fences as they are visible on;thb ground, and that all
improvements, if any, are:.wholly,yi0in the boundary IineJf'o# the property, and,that, there
are no encroachments, con lictg, rotrusiwu;.ot`.wororlappinj;,of ilrprovgienis'e cqp;'&a shown
hereon. This is a tiue add 'sie rest iii Y y- OF
teg sterq arvoros 1286
goeeeT L:AasO
... •...... ... ..
1286
B� s9rres' . Date
c'SU'
j
STATE OF TEXAS §
PETITION
COUNTY OF COLLIN §
The Undersigned being L 1, ..; t (lu l y sworn and cautioned says i
and deposes that he is Honald `E. Rowlarid
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 boundaries 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 requests and petitions the City j
i
Council of the City of Prosper, Texas, to annex said property and
extend the boundaries of the City to include said property; j
i
That this petition is offered for the purpose of inducing the
City of Prosper, Texas to accept said territory into its municipal
limits in accordance with the provisions of Art. 974g, Vernon's Ann.
Civ. Stat.
ACKNOWLEDGED BEFORE ME byJ�l� this
day of,19 fS .
N
d for
ary
lic in
a
The
State
of T E
X
A S