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84-23 O - Annexation of Northchase Estates23351 ORDINANCE NO. r Z sw2.1V PAGE215 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; SITUATED in the State of Texas, County of Collin, in the William Butler Survey, Abstract No. 112, and being a part of a tract described in a deed to Stanley Moncus dated May 26, 1969 and filed for record June 2, 1969 under the County Clerk's File No. 6111 of the Collin County Deed Records and being more particularly described as follows: BEGINNING at an iron rod found for corner at the southwest corner of said tract in the centerline intersection of an east -west county road with the centerline of a north -south county road; THENCE with the west line of said tract and the centerline of said north -south county road, North 1 deg. 31 min. 04 sec. West, a distance of 1984.79 feet to an iron r•od found for corner therein; THENCE with the north line of said tract and along the general line of an old fence and hedgerow, North 88 deg. 06 min. 47 sec. East, a distance of 1532.02 feet to a point, said point being at the intersection of the north line of said tract and center- line of a 100 feet wide T.P. & L. transmission line easement recorded in Volume 492, Page 85 of the Collin County Land Records; THENCE with the centerline of the aforementioned T.P. & L. ease- ment, South 18 deg. 30 min. 51 sec. West, passing at 3.95 feet an iron rod set in the said old fence line, in all on this line a distance of 2127.36 feet to an iron rod set for corner in the south line of said tract and the centerline of the said east -west county road; THENCE with the south line of said tract and centerline of said east -west county road, South 88 deg. 46 min. 03 sec. West, a distance of 803.28 feet to the place of beginning and containing 53.364 gross acres, of which 2.441 acres lie within said T.P. & L. easement, leaving 50.923 net acres. 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 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 CYY COUNCIL OF THE CITY OF PROSPER, TEXAS ON THIS THE j DAY OF 1984. �- yor Vx:orlire •*4 Tle. "so N66° 06-47' _r Found Iron Rod A f wl —N— sl.: 1'=200' x d Fence Line 6 Hedgerow 53.364 Acres Cross 2.4,11 Acres in T.P.&L. Esm't. 50.923 Acres Net Jed G 4k,P° Found Iron Red 0 Rock Road -��6d° 40'03'W a03.26 Point of Bepinnlny SURVEY PLAT Set Iron Rod DATE: June 5, 1984 SITUATED in the of Texas, County of Collin, ir. the William Butler Survey, Abstract No. 112, and being a part of z tract described in a deed to Stanley Moncus dated May 26, 1969 and filed for record June 2, 1969 under the County Clerk's File No. 6111 of the Collin County Deed Records and being more particularly described as follows: BEGINNING at an iron rod found for corner at the southwest corner of said tract in the centerline intersection of an east -west county road with the centerline of a north -south county road; THENCE with the west line of said tract and the centerline of said north -south county road, North 1°31'04" West, a distance of 1984.79 feet to an iron rod found for corner therein; THENCE with the north line of said tract and along the general line of an old fence and hedgerow, North 88°06'47" East, a distance of 1532.02 feet to a point, said point being at the intersection of the north line of said tract and centerline of a 100 feet wide T.P. 6 L. transmission line easement recorded in Volume 492, Page 85 of the Collin County Land Records; THENCE with the centerline of the aforementioned T.P. S L. easement, South 18°30'51" West, passing at 3.95 feet an iron rod set in the said old fence line, in all on this line a distance of 2127.36 feet to an iron rod se_ or corner in the south line of said tract and the centerline of the said east -west county road; THENCE with the south line of said tract and centerline of said east -west county road, South 88°46'03" West, a distance of 803.28 feet to the place of beginning and containing 53.364 gross acres, of which li 2.441 acres lie within said T.P. & L. easement, leaving 50.923 net acres. On the basis of my knowledge, information, and belief, I certify to the LIENHOLDERS AND/OR THE OWNERS OF MHE PREMISES SURVEYED AND TO STEWART TITLE COMPANY that as a result of a survey made on the ground to the normal standard of care of Professional Land Surveyors practicing in the State of Texas, I find that this surveywas made as per the field notes shown on this survey and is true, correct and accurate as to the boun6aries and areas of the subject property and the size, location and type of buildings and improvements thereon, if any, and as to the other matters shown hereon, and correctly shows the location of all visible easements and rights -of -way and of all rights -of -way, easements and any other matters of record of which 1 have knowledge or have been advised, whether or not of record, affecting the subject property. Except as shown on the survev, there are no encroachments upon the subject property by improvements on adjacent property, there are no encroachments upon adjacent property, streets, or alleys by improvements on the subject property, and there are no conflicts or protrusions. �� p2,�e. Jack Roome, Registered Public Surveyor, No. STATE OF TEXAS § § PETITION COUNTY OF COLLIN § The undersigned being first duly sworn and cautioned says and deposes that he is �►4��y 67OPcL 1►1A►VAf11 I�RQT,/F,t 'NoQryc►f•4fr ES' s 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 by L.J day of JU L--7 , 19 X-5-14. this