84-04 O - Annexation of Rhea Mills EstatesORDINANCE 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 George Horn
Survey, Abstract No. 412, and being a part of a 154.6881 acre
tract of land described in the deed from Craig & Felix Properties,
Inc. to FHC Enterprises, Inc. and recorded in Volume 1717, Page 6
of the Collin County Land Records, and being more particularly
described as follows:
BEGINNING at an existing iron pin set beside a corner post
at the northwest corner of said 154.6881 acre tract;
THENCE Easterly with the north line of said 154.6881 acre
tract and with an established fence and hedge row as follows:
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North 89 deg 05 min East, 316.45 feet;
North 88 deg 12 min East, 436.97 feet;
North 88 deg 35 min East, 443.05 feet;
North 88 deg 52 min East, 546.97 feet;
North 88 deg 32 min 35 sec East, 228.92 feet;
North 88 deg 51 min East, 596.6 feet to an iron pin set in
the west R.O.W. line of Farm Road No. 2478, and in the east
line of said 154.6881 acre tract for a corner; said West
R.O.W. line being a curvve to the right and the radius
from said iron pin lies South 77 deg 07 min 32 sec West,
1387.69 feet, and continuing 45 ft. to the centerline of
Farm Road No. 2487, the same being a boundary line of the
corporate limits of the town of Prosper_;
THENCE Southerly with the centerline of Farm Road No. 2478;
THENCE West 45 ft.;
THENCE South 49 deg 42 min 52 sec West, 1432.03 feet with
the north line of a 170 foot wide T.P & L easement to an iron pin
set for a corner;
THENCE South 88 deg 42 sec West, 488.0 feet to an iron pin
set for a corner;
THENCE South 71 deg 26 min 18 sec West, 1058.81 feet to an
iron pin set in the west line of said 154.6881 acre tract for a
corner;
THENCE Northerly with said west line and with an established
fence and hedge row as follows:
North 1 deg 34 min West, 247.05 feet; North 1 deg 51 min
west, 412.17 feet;
North 1 deg 25 min West, 336.54 fee; North 1 deg 01 min
west, 283.84 feet;
North 1 deg 31 min West, 307.39 feet; North 0 deg 46 min
west, 392.73 feet to the PLACE OF BEGINNING and CONTAINING 123.985
acres of land.
SECTION 2. From a6d 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.
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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,,�n
CITY OF PROSPER, TEXAS ON THIS THE I DAY OF (J�
1984.
Mayor
ATTEST:
PETITION FOR ANNEXATION
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF COLLIN
TO: The City Council of the City of Prosper, Texas
Comes now, F. H. Chandler, President of and on behalf of,
FHC Enterprises, Inc. and petitions this City Council to annex
and make a part of the City of Prosper, the following described
real estate, to -wit:
SITUATED in Collin County, Texas, in the George Horn Survey,
Abstract No. 412, and being a part of a 154.6881 acre tract of
land described in the deed from Craig & Felix Properties, Inc. to
FHC Enterprises, Inc. and recorded in Volume 1717, Page 6 of the
Collin County Land Records, and being more particularly described
as follows:
BEGINNING at an existing iron pin set beside a corner post
at the northwest corner of said 154.6881 acre tract;
THENCE Easterly with the north line of said 154.6881 acre
tract and with an established fence and hedge row as follows:
North 89 deg 05 min East, 316.46 feet;
North 88 deg 12 min East, 436.97 feet;
North 88 deg 35 min East, 443.05 feet;
North 88 deg 52 min East, 546.97 feet;
North 88 deg 32 min 35 sec East, 228.92 feet;
North 88 deg 51 min East, 596.6 feet to an iron pin set in
the west R.O.W. line of Farm Road No. 2478, and in the east
line of said 154.6881 acre tract for a corner; said West
R.O.W. line being a curve to the right and the radius from
said iron pin lies South 77 deg 07 min 32 sec West, 1387.69
feet, and continuing 45 ft. to the centerline of Farm Road
No. 2478, the same being a boundary line of the corporate
limits of the town of Prosper;
THENCE Southerly with the centerline of Farm Road No. 2478;
THENCE West 45 ft.;
THENCE South 49 deg 42 min 52 sec West, 1432.03 feet with
the north line of a 170 foot wide T.P.&L. easement to an iron pin
set for a corner;
THENCE South 88 deg 42 sec West, 488.0 feet to an iron pin
set for a corner;
THENCE North 71 deg 26 min 18 sec West, 1058.81 feet to an
iron pin set in the west line of said 154.6881 acre tract for a
corner;
THENCE Northerly with said west line and with an established
fence and hedge row as follows:
North 1 deg 34 min West, 247.05 feet; North 1 deg 51 min
west, 412.17 feet;
North 1 deg 25 min West, 336.56 feet; North 1 deg 01 min
West, 283.84 feet;
North 1 deg 31 min West, 307.39 feet; North 0 deg 46 min
West, 392.73 feet to the PLACE OF BEGINNING and CONTAINING
123.985 acres of land.
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and in support thereof, would show the following:
1) That the above described property is entirely within the
extraterritorial jurisdiction of the City of Prosper.
2) That the undersigned is the fee simple owner of said
property.
3) That it would be to the best interest of the citizens of
Prosper that the above described property be annexed, and made a
part of the City of Prosper.
9
Presi ent
FHC ENTERPRISES, Inc.
STATE OF TEXAS
COUNTY OF COLLIN
This instrument was acknowledged before me on the 1Z day
of February, 1984 by F. H. Chandler, President of FHC
Enterprises, Inc., a Texas corporation, on behalf of said
corporation.
ary�Public St"te of Texas
Notary' s printed name:
My commission expires: � 7
400
AMENDED RESTRICTIVE COVENANTS
FOR
RHEA MILLS ESTATES VLIL
527761
STATE OF TEXAS
KNOW ALL I4EN BY THESE PRESENTS:
COUNTY OF COLLIN
That we, F H C Enterprises, Inc. and John Cockrell, being
the owners of all of the lots in Rhea Mills Estates, a addition
to the City of Prosper, Collin County, Texas, according to the
plat thereof recorded in Cabinet D, Page 95 of the Map and Plat
Records of Collin County, Texas, do hereby amend the Restrictive
Covenants for Rhea Mills Estates recorded in Volume 1884, Page
796 of the Collin County Land Records so that henceforth such
Restrictive Covenants shall be and read as follows:
1. All of the lots of such subdivision shall be used for
residential purposes only. All lots must contain at
least one acre of land and,no more than one single
family residence shall be constructed on each lot. No
structure shall be erected on any lot other than a
single family dwelling, and outbuildings to be used in
connection therewith. Each residential structure must
have a two -car garage, either attached or detached, or
a two -car carport with storage room, and neither the
garage nor the carport may open on to the front street.
No structure which has not been fully completed, both
as to the interior and exterior, shall be used as a
place of residence.
2. Any structure placed on such lots shall be of new
construction and no house, trailer, or mobile home
shall be moved onto. any lot. No prefabricated
structure shall be placed on any lot, including
portable outbuildings. All single family dwellings
shall have a minimum of 1500 square feet of floor area,
exclusive of porches, stoops, open or closed carports
and garages. No television antenna or radio tower
shall be constructed on any lot that is ten (10) feet
higher than the residence constructed on such lot. The
fou adai.ior. � a-, .• •7 .�.. �-` -. 1 p
V� G..L .r i::JrMv.r {.{c siren must
be
concrete pier and beam or concrete slab.
3. No fence, wall or hedge shall be erected on any lot
nearer to any street than the minimum set back line as
shown on the recorded plat.
4. The main building shall not be located on any lot
nearer to the front lot line than the building line
indicated on the recorded plat. The main building
shall not be erected nearer to an interior lot line
than ten (10) feet nor outbuildings be erected in front
4NO
of or beside the main building nor nearer than four (4)
feet of any side property line nor nearer than eighteen
(18) inches of the rear property line. No permanent
structure shall be erected or maintained within the
boundaries of any easements shown on the recorded plat
Of such addition.
5. No sign of any kind shall be displayed to the public
view on any lot except one professional sign of not
more than one (1) square foot or one sign of not more
than eight (8) square feet advertising the property for
sale or rent or signs used by a builder to advertise
the property during the construction and sales period.
6. Easements for the installation and maintenance of
utilities are reserved as shown on the plat filed for
record. Alley and utility easements may not be fenced.
7. No structure of a temporary character, trailer, tent,
shack, basement, garage, barn or other outbuilding
shall be used on any lot at' any time as a residence,
either temporary or permanent. No garage, barn or
other outbuilding shall be constructed prior to the
construction of the main residence.
8. No wall, hedge, fence or shrubs shall be placed on any
corner lot which obstructs the sight lines at elevations
between three (3) and six (6) feet above roadways.
9. No animals, livestock, or poultry shall be raised, bred
or kept on any lot for commerical purposes. Dogs and
cats and other household pets may be kept provided that
they are not kept, bred or maintained for commercial
purpose. One horse or calf per acre may be kept for
pleasure, otherwise, no animals, livestock, or poultry
shall be raised, kept or bred. All animals kept or
harbored on any lot shall be confined in a fenced -in
area and no animal shall be permitted to roam at large.
10. No lot shall be used or maintained as a dumping ground
for rubbish, trash, garbage, or other waste. All
incinerators or other equipment for the storage or
disposal of such material shall be kept in a clean and
sanitary condition. The lots in the addition shall be
kept mowed in order not to create a fire hazard. Guard
lights are not permitted on any lot other than guard
lights attached to a main dwelling building or out-
building.
11. The exterior of the dwelling and all outbuildings shall
be wood or masonry. Attached garages shall not open to
the street. All detached garages and assessory
buildings shall be on a permanent foundation and shall
be completed within one (1) year after the date they
are started.
12. These covenants are to run with the land and shall be
binding on all parties and all persons claiming under
them for a period of thirty (3U) years from the date
these covenants are recorded, after which time said
covenants shall be automatically extended for succes-
sive periods of five (5) years, unless an instrument
signed by a majority of the then owners of the lots has
been recorded, agreeing to change said covenants in
whole or in part.
13. Enforcement shall be by proceedings at law or in equity
against any person or persons violating or attempting
to violate any covenant either to restrain violations
or to recover damages.
14. Invalidation of any one of these covenants by judgment
or court order shall in no way effect any of the other
provisions which shall remain in full force and effect.
15. No building, fence or structure of any type shall be
started prior to approval of the plans and
specifications by the Architectural Control Committee.
The Architectural Control Committee shall be composed
of F. H. Chandler, Mary Beth Chandler, and Roy Mason.
Any vacancy on the Architectural Control Committee
shall be filled by the remaining members of the
committee. r�
16. All buildings shall be constructed by a professional C•�
contractor and shall not be constructed by the owner
unless adequate proof is furnished by the owner to the
Architectural Control Committee of the owner's ability
to construct such improvements in a professional
manner.
EXECUTED on this the 4th day of May , 1984.
F H C ENTERPRISES, INC.
By:
H. Chandler, resi ent
No attest required.
4
ohn Cockrell
STATE OF TEXAS
COUNTY OF COLLIN
This instrument was acknowledged before me on this the _!Le
clay of May , 1984, by F. H. Chandler, President of
,'C ;�terprises,
STATE OF TEXAS
CGUN t OF COLLIiv
Inc.
This instrument was acknowledged before me on this the
day of May
Notary Pu
1984, John Cockrell.
ic, State of MIS