84-24 O - Public Hearing on First Baptist Church and Annexation(V
ORDINANCE NO.
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 Collin County, Texas, in the Collin County
School Land Survey Abstract No. 147 and being part of
52 13/16 acre tract and a 138.1 acre tract described
as the Second and Third Tracts in a deed from H.L.
Cannaday to Lilly D. Heard, et al, dated September 22,
1931, and being recorded in Volume 284 Page 478 of the
Collin County Deed Records and being more fully des-
cribed as follows:
BEGINNING at an iron pin in the North line of the 138.1
acre tract. Said stake bears South 89 deg 48 min 03 sec
West, a distance of 1095.61 ft. and West a distance of
334.79 ft. from the Northeast corner of said tract.
THENCE South 00 deg 44 min 47 sec West, a distance of
717.75 ft to an iron pin found for corner.
THENCE North 76 deg 38 min 37 sec West, a distance of
185.58 ft. to an iron pin set for a corner.
THENCE North 00 deg 44 min 47 sec West, a distance of
674.47 ft. to an iron pin set in the North line of the
said 138.1 acre tract.
THENCE North 89 deg 52 min 12 sec East, with the North
line of the said 138.1 acre tract a distance of 180.00
ft to the place of beginning and containing 2.876 acres
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 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 OF�eA,,L� ,
1984.
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Situated in Collin County,Texas, in the Collin County School Land Survey Abstract No. 147
and being part of a 52 13/16 acre tract and a 138.1 acre tract described as the Second and
Third Tracts in a deed from H.L. Cannaday to Lilly D. Heard, et al, dated September 22, 1931,
and being recorded in Voluwe 284 Page 478 of the Collin County Deed Records and being more
fully described as follows:
BEGINNING at an iron pin in the North line of the 138.1 acre tract. Said stake bears South
89 deg 48 min 03 sec West, a distance of 1095.61 ft. and West a distance of 334.79 ft. from
the Northeast corner of the said tract.
THENCE South 00 deg 44 min 47 sec West, a distance of 717.75 ft. to an iron pin found for a
corner.
THENCE North 76 deg 38 ruin 37 sec West, a distance of 185.58 ft. to an iron pin set for a
corner.
THENCE North 00 deg 44 min 47 sec West, a distance of 674.47 ft. to an iron pin set in the
North line of the said 138.1 acre tract.
THENCE North 89 deg 52 min 12 sec East, with the North line of the said 138.1 acre tract a
distance of 180.00 ft. to the place of beginning and containing 2.876 acres of land.
This is to certify that I have this date made an on the ground survey of the property herein
described and hereon platted. THERE ARE NO ENCROACHMENTS, CONFLICTS OR PROTRUSIONS.
March 6, 1984
John V. Cantrell
Registered Public Surveyor
✓oo No. 2023 - C/.?7-e- ell --'Ce
n
STATE OF TEXAS §
§
COUNTY OF COLLIN §
The undersigned
PETITION
being first duly sworn and cautioned says
and deposes that he is the Pastor of the First Baptist Church of
Prosper, Texas;
That the said First Baptist Church of Prosper, Texas, is the
owner in fee simple of the real estate described on the attached
exhibit;
That no person resides upon the 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 at a duly called meeting of the governing body of said
church, at which a quorum was present, the said governing body voted
unanimously to request the City of Prosper, Texas, to annex the property
described on the attached exhibit and in evidence thereof signed the
petition attached hereto dated 11 December, 1983;
That the undersigned is authorized to make this affidavit and
petition for and on behalf of the said church and acknowledges the
same to be his free act and deed for himself and said church;
That this affidavit is offered for the purpose of inducing the
City of Prosper, Texas to accept said uninhabitated territory into
its municipal limits in accordance with the provisions of Art. 974g,
Vernon's Ann. Civ. Stat.
FURTHER AFFIANT SAYETH NOT.
Kevin Basham
SUBSCRIBED AND SWORN TO BEFORE ME this �7fhday of
1984.
N tary Public
in
and
for
The State of T
E
X A
S
FIRST BAPTIST CHURCH 214/347-2296
Kevin Basham-Pastor
16 July 1984
TO WHOM IT MAY CONCERN:
P. O. Box 177
PROSPER, TEXAS 75078
The First Baptist Church of Prosper, Texas, would like to request that
the City of Prosper take the necessary steps to incorporate our newly
acquired property into its city limits. The location of the above
mentioned property is precisely noted on the attached survey.
Sincerely yours,
�•
k4l
BRO. KEVIt BASHAM, PASTOR
DEACONS:
ELMO CHESNEY
KEN MILLER
2r Ar
C
FRANK McNEME
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Attachment