97-06 O - Annexation Ordinance - Abstract 112, William Butler Survey, Tracts 4, Containing 43.17 acres Abstract 112, William Butler Survey, Tracts 7, Containing 19.887 acres 4
CITY OF PROSPER, TEXAS
Co
11111 ORDINANCE NO. 97-06
Lu1
AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED
TERRITORY TO THE CITY OF PROSPER, TEXAS, AND EXTENDING THE
BOUNDARY LIMITS OF SAID CITY SO AS TO INCLUDE SAID Cr!
HEREINAFTER DESCRIBED PROPERTY WITHIN THE CITY LIMITS, - '
AND GRANTING TO SAID TERRITORY AND TO ALL FUTURE
INHABITANTS OF SAID PROPERTY ALL OF THE RIGHTS AND
PRIVELAGES OF OTHER CITIZENS AND BINDING SAID FUTURE
INHABITANTS BY ALL OF THE ACTS AND ORDINANCES OF SAID
CITY.
WHEREAS,A PETITION HAS BEEN DULY SIGNED AND ACKNOWLEDGED BY EACH AND
EVERY PERSON OR CORPORATION HAVING AN INTEREST IN THE TERRITORY PROPOSED
TO BE ANNEXED;
WHEREAS, SAID PE I l'1'ION WAS PRESENTED TO THE GOVERNING BODY AND APPROVED
SUCH PETITION NOT LESS THAN FIVE(5)DAYS AND NOT MORE THAN THIRTY(30)DAYS;
• WHEREAS, SAID TRACT OF LAND IS CONTIGUOUS TO THE CITY AND IS NOT MORE THAN
ONE-HALF(1/2)MILES IN WIDTH,AND ON WHICH FEWER THAN THREE(3)QUALIFIED
VOTERS RESIDE;
WHEREAS,THE CITY HAS PREPARED A SERVICE PLAN FOR SAID TRACT WHICH IS
ATTACHED AS EXHIBIT"A"TO THIS ORDINANCE;
WHEREAS,THE CITY HAS PUBLISHED NOTICE OF HEARINGS ON SAID ANNEXATION AND
HELD HEARINGS AS REQUIRED BY STATE LAW;AND
WHEREAS,AFTER HEARING SUCH PETITION AND THE ARGUMENTS FOR AND AGAINST
THE SAME,THE GOVERNING BODY HAS VOTED TO GRANT SUCH PETITION AND TO
ANNEX SAID TERRITORY INTO THE CITY.
NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE
CITY OF PROSPER, TEXAS:
SECTION 1: THAT THE FOLLOWING DESCRIBED TERRITORY IS HEREBY ANNEXED INTO
THE CITY,AND THE BOUNDARY LIMITS TO THE CITY AND HEREBY EXTENDED TO
INCLUDE THE SAID TERRITORY WITHIN THE CITY LIMITS OF THE CITY,AND SAID LAND
S AND THE FUTURE INHABITANTS THEREOF SHALL HEREAFTER BE ENTITLED TO ALL
RIGHTS AND PRIVELAGES OF OTHER CITIZENS OF THE CITY AND SHALL BE BOUND BY
THE ACTS AND ORDINANCES OF SAID CITY.
ABSTRACT 112,WILLIAM BUTLER SURVEY,TRACT 4,CONTAINING 43.17 ACRES
ABSTRACT 112,WILLIAM BUTLER SURVEY,TRACT 7,CONTAINING 19.887 ACRES
SECTION 2: THAT THE MUNICIPLE SERVICE PLAN FOR THE HEREIN ANNEXED
TERRITORY PROVIDED FOR IN EXHIBIT"A"ATTACHED HERETO IS HEREBY ADOPTED.
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SECTION 3: THAT THE CITY SECRETARY IS HEREBY DIRECTED TO FILE WITH THE
ge COUNTY CLERK AND OTHER APPROPRIATE OFFICIALS AND AGENCIES,AS REQUIRED BY
STATE AND FEDERAL LAW AND CITY ANNEXATION PROCEDURES,CERTIFIED COPIES OF C.A.)
THIS ORDINANCE. cri
PASSED BY AN AFFIRMATIVE VOTE OF THE GOVERNING BODY OF THE CITY OF PROSPER,
.
THIS THE 8 t h DAY OF J U L Y ,1997. CD
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CITY OF PROSPER,TEXAS
SERVICE PLAN FOR ANNEXED AREA
ANNEXATION ORDINANCE NO: 97-06
DATE OF ANNEXATION ORDINANCE: J U L Y 8 , 19 9 7
CD
ACREAGE ANNEXED: 63.057 ACRES CD
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SURVEY,ABSTRACT&COUNTY: WILLIAM BUTLER SURVEY,ABSTRACT 112,TRACT 4,
BEING 43.17 ACRES
WILLIAM BUTLER SURVEY,ABSTRACT 112,TRACT 7,
BEING 19.887 ACRES
2 TRACTS BEING A TOTAL OF 63.057 ACRES
MUNICIPAL SERVICES TO THE ACREAGE DESCRIBED ABOVE SHALL BE FURNISHED BY OR
ON BEHALF OF THE CITY OF PROSPER,TEXAS,AT THE FOLLOWING LEVELS AND IN
ACCORDANCE WITH THE FOLLOWING SCHEDULE:
A. POLICE SERVICE
1. PATROLLING,RESPONSES TO CALLS,AND OTHER ROUTINE POLICE SERVICES,•
WITHIN THE LIMITS OF EXISTING PERSONNEL AND EQUIPMENT,WILL BE
PROVIDED WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THE ANNEXATION
ORDINANCE.
2. AS DEVELOPMENT AND CONSTRUCTION COMMENCE INTHEIS AREA,
SUFFICIENT POLICE PERSONNEL AND EQUIPMENT WILL BE PROVIDED TO
FURNISH THIS AREA THE MAXIMUM LEVEL OF POLICE SERVICES CONSISTENT
WITH THE CHARACTERISTICS OF TOPOGRAPHY,LAND UTILIZATION,AND
POPULATION DENSITY WITHIN THE AREA AS DETERMINED BY THE CITY
COUNCIL WITHIN TWO AND ONE-HALF(2'V2)YEARS FROM THE DATE OF
ADOPTION OF THE ANNEXATION ORDINANCE, OR UPON COMMENCEMENT OF
DEVELOPMENT WITH THE AREA,WHICHEVER OCCURS LATER
3. UPON ULTIMATE DEVELOPMENT OF THE AREA,THE SAME LEVEL OF POLICE
SERVICE WILL BE PROVIDED TO THIS AREA AS ARE FURNISHED THROUGHOUT
THE CITY.
B. FIRE SERVICE
1. FIRE PROTECTION AND EMERGENCY AMBULANCE EQUIPMENT BY THE
PRESENT PERSONNEL AND THE PRESENT EQUIPMENT OF THE FIRE
•
DEPARTMENT,WITHIN THE LIMITS OF AVAILABLE WATER AND DISTANCES
FROM THE EXISTING FIRE STATION,WILL BE PROVIDED TO THIS AREA
WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE.
2. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS AREA;
SUFFICIENT FIRE AND EMERGENCY AMBULANCE EQUIPMENT WILL BE
PROVIDED TO FURNISH THIS AREA THE MAXIMUM LEVEL OF POLICE
SERVICES CONSISTENT WITH THE CHARACTERISTICS OF TOPOGRAPHY,LAND
UTILIZATION,AND POPULATION DENSITY WITHIN THE AREA AS DETERMINED
•
ORDINANCE 97-06
NBY THE CITY COUNCIL WITHIN TWO AND ONE-HALF(2%)YEARS FROM THE
DATE OF DEVELOPMENT WITHIN THE AREA,WHICHEVER OCCURS LATER
C:>
3. UPON ULTIMATE DEVELOPMENT OF THE AREA,THE SAME LEVEL OF FIRE AN C.Y1
EMERGENCY AMBULANCE SERVICES WILL BE PROVIDED TO THIS AREA AS ,r�--
ARE FURNISHED THROUGHOUT THE CITY.
C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES
1. ENFORCEMENT OF THE CITY'S ENVIRONMENTAL HEALTH ORDINANCE AND
REGULATIONS,INCLUDED BUT NOT LIMITED TO WEED AND BRUSH
ORDINANCES,JUNKED AND ABANDONED VEHICLE ORDINANCE,AND ANIMAL
CONTROL ORDINANCES, SHALL BE PROVIDED WITHIN THIS AREA 60 DAYS TO
THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. THESE
ORDINANCES AND REGULATIONS WILL BE ENFORCED THROUGH THE USE OF
EXISTING PERSONNEL.
COMPLAINTS OF ORDINANCES OR REGULATION VIOLATIONS WITHIN THIS
AREA WILL BE ANSWERED AND INVESTIGATED WITHIN 60 DAYS OF THE
•
EFFECTIVE DATE OF THE ANNEXATION ORDINANCE.
2. INSPECTION SERVICES,INCLUDING THE REVEIW FO BUILDING PLANS,THE
ISSUANCE OR PERMITS AND THE INSPECTION OF ALL BUILDINGS,PLUMBING,
MECHANICAL,AND ELECTRICAL WORK TO ENSURE COMPLIANCE WITH CITY
CODES AND ORDINANCES WILL BE PROVIDED WITHIN 60 DAYS OF THE
EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. EXISTING PERSONNEL
WILL BE USED TO PROVIDE THESE SERVICES.
3. THE CITY'S ZONING, SUBDIVISION, SIGN,AND OTHER ORDINANCES SHALL BE
ENFORCED IN THIS AREA BEGINNING WITHIN 60 DAYS OF THE EFFECTIVE
DATE OF THE ANNEXATION ORDINANCE.
4. ALL INSPECTION SERVICES FURNISHED BY THE CITY OF PROSPER,BUT NOT
MENTIONED ABOVE,WILL BE PROVIDED TO THIS AREA BEGINNING WITHIN 60
DAYS OF THE EFFECTIVE DATE OF THE ANNEXED ORDINANCE.
5. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS AREA,
SUFFICIENT PERSONNEL WILL BE PROVIDED TO FURNISH THIS AREA THE
SAME LEVEL OF ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT
• SERVICES AS ARE FURNISHED THROUGHOUT THE CITY.
D. PLANNING AND ZONING SERVICES
THE PLANNING AND ZONING JURISDICTION OF THE CITY WILL EXTEND TO
THIS AREA WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THE
ANNEXATION ORDINANCE. CITY PLANNING WILL THEREAFTER
ENCOMPASS THIS PROPERTY,AND IT SHALL BE EN 1'1'1'LED TO
ORDINANCE 97-06
CONSIDERATION FOR ZONING IN ACCORDANCE WITH THE CITY'S Ca<�
COMPREHENSIVE PLAN.
E. PARK AND RECREATION SERVICES
1. RESIDENTS OF THIS PROPERTY MAY UTILIZE ALL EXISTING PARK AND
C.71
RECREATIONAL SERVICES,FACILITIES,AND SITES THROUGHOUT THE CITY, CJ1
BEGINNING WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THE ANNEXATION O
ORDINANCE.
2. ADDITIONAL FACILITIES AND SITES TO SERVE THIS PROPERTY AND ITS
RESIDENTS WILL BE ACQUIRED,DEVELOPED,AND MAINTAINED AT
LOCATIONS AND TIMES PROVIDED BY APPLICABLE PLANS,POLICIES AND
PROGRAMS AND DECISIONS OF THE CITY OF PROSPER THIS PROPERTY WILL
3. BE INCLUDED IN ALL PLANS FOR PROVIDING PARKS AND RECREATION
SERVICES TO THE CITY. THE SAME LEVEL OF PARKS AND RECREATION
SERVICES SHALL BE FURNISHED TO THIS PROPERTY AS IS FURNISHED
THROUGHOUT THE CITY.
• 4. EXISTING PARKS,PLAYGROUNDS,AND OTHER RECREATIONAL FACILITIES
WITHIN THIS PROPERTY SHALL,UPON DEDICATION TO AND ACCEPTANCE BY
THE CITY,BE MAINTAINED AND OPERATED BY THE CITY OF PROSPER,BUT
NOT OTHERWISE.
F. SOLID WASTE COLLECTION
1. SOLID WASTE COLLECTION SHALL BE PROVIDED TO THE PROPERTY IN
ACCORDANCE WITH EXISTING CITY POLICIES,BEGINNING WITHIN 60 DAYS OF
THE EFFECTIVE DATE OF THE ANNEXATION ORDINACNE. RESIDENTS OF THIS
PROEPRTY UTILIZING PRIVATE COLLECTION SERVICES AT THE TIME OF
ANNEXATION SHALL CONTINUE TO DO SO UNTIL IT BECOMES FEASIBLE
BECAUSE OF INCREASED DENSITY OF POPULATION TO SERVE TH EPROPERTY
MUNICIPALLY.COMMERCIAL REFUSE SERVICE COLLECTION SERVICES WILL
BE PROVIDED TO ANY BUSINESS LOCATED IN THE ANNEXED AREA AT THE
SAME PRICE AS PRESENTLY PROVIDED FOR ANY BUSINESS CUSTOMER WITHIN
THE CITY OF PROSPER,UPON REQUEST.
2. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS PROPERTY,AND
POPULATION DENSITY INCREASES TO THE PROPERTY LEVEL, SOLID WASTE
COLLECTION SHALL BE PROVIDED TO THIS PROPERTY IN ACCORDANCE WITH
4111 THE CURRENT POLICIES OF THE CITY AS TO FREQUENCY,CHANGES AND SO
FORTH.
3. SOLID WASTE COLLECTION SHALL BEGIN WITHIN 60 DAYS OF THE EFFECTIVE
DATE OF THE ANNEXATION ORDINANCE.
G. STREETS
ORDINANCE 97-06 CD
1. THE CITY OF PROSPER'S EXISTING POLICIES WITH REGARD TO STREET
IMOMAINTENENCE,APPLICABLE THROUGHOUT THE ENTIRE CITY, SHALL APPLY C.}
TO THIS PROPERTY BEGINNING WITHIN 60 DAYS OF THE EFFECTIVE DATE OF
THE ANNEXATION ORDINANCE. UNLESS A STREET WITHIN THIS PROPERTY Q
HAS BEEN CONSTRUCTED OR IS IMPROVED TO THE CITY'S STANDARDS AND
SPECIFICATIONS,THAT STREET WILL NOT BE MAINTAINED BY THE CITY OF
PROSPER.
2. AS DEVELOPMENT,IMPROVEMENT OR CONSTRUCTION OF STREETS TO CITY
STANDARDS COMMENCES WITHIN THIS PROPERTY,THE POLICIES OF THE
CITY OF PROSPER WITH REGARD TO PARTICIPATION IN THE COSTS THEREOF,
ACCEPTANCE UPON COMPLETION,AND MAINTENENCE AFTER COMPLETION,
SHALL APPLY.
3. THE SAME LEVEL OF MAINTENENCE SHALL BE PROVIDED TO STREETS WITHIN
THIS PROPERTY WHICH HAVE BEEN ACCEPTED BY THE CITY OF PROSPER AS IS
PROVIDED TO CITY STREETS THROUGHOUT THE CITY.
STREET LIGHTING INSTALLED ON STREETS IMPROVED TO CITY STANDARDS
SHALL BE MAINTAINED BY THE EXISTING FRANCHISE IN ACCORDANCE WITH
• CURRENT POLICIES.
H. WATER SERVICES
1. CONNECTION TO EXISTING CITY WATER MAINS FOR WATER SERVICE FOR
DOMESTIC,COMMERCIAL,AND INDUSTRIAL USE WITHIN THIS PROPERTY
WILL BE PROVIDED IN ACCORDANCE WITH EXISTING CITY POLICIES. UPON
CONNECTION TO EXISTING MAINS,WATER WILL BE PROVIDED AT RATES
ESTABLISHED BY CITY ORDINANCES FOR SUCH SERVICE THROUGHOUT THE
CITY.
2. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS PROEPRTY,
WATER MAINS OF THE CITY WILL BE EXTENDED IN ACCORDANCE WITH
PROVISIONS OF THE SUBDIVISION ORDINANCE AND OTHER APPLICABLE
ORDINANCES AND REGULATIONS. CITY PARTICIPATION IN THE COSTS OF
THESE EXTENSIONS SHALL BE IN ACCORDANCE WITH THE APPLICABLE CITY
ORDINANCES AND REGULATIONS. SUCH EXTENSIONS WILL BE COMMENCED
WITHIN TWO AND ONE-HALF(2 1A)YEARS FROM THE DATE OF ADOPTION OF
THE ANNEXATION ORDINANCE,OR UPON COMMENCEMENT OF
DEVELOPMENT OF A SUBDIVISION WITHIN THIS PROPERTY,WHICHEVER
OCCURS LATER
. 3. WATER MAINS INSTALLED OR IMPROVED TO CITY STANDARDS WHICH ARE
WITHIN THE ANNEXED AREA AND ARE WITHIN DEDICATED EASEMENTS
SHALL BE MAINTAINED BY THE CITY OF PROSEPR BEGINNING WITHIN 60
DAYS OF THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE.
4. PRIVATE WATER LINES WITHIN THIS PROPERTY SHALL BE MAINTAINED BY
THEIR OWNERS,IN ACCORDANCE WITH EXISTING POLICIES APPLICABLE
THROUGHOUT THE CITY.
ORDINANCE 97-06
I. SANITARY SEWER SERVICES F1
1. CONNECTION TO CITY SEWER MAINS FOR SEWER SERVICE FOR DOMESTIC, CD
COMMERCIAL,AND INDUSTRIAL USE WITHIN THIS PROPERTY WILL BE
PROVIDED IN ACCORDANCE WITH EXISTING CITY POLICIES. UPON
CONNECTION TO MAINS, SEWER WILL BE PROVIDED AT RATES ESTABLISHED
BY CITY ORDINANCES FOR SUCH SERVICE THROUGHOUT THE CITY.
2. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS PROEPRTY,
SEWER MAINS OF THE CITY WILL BE EXTENDED IN ACCORDANCE WITH
PROVISIONS OF THE SUBDIVISION ORDINANCE AND OTHER APPLICABLE
ORDINANCES AND REGULATIONS. SUCH EXTENSIONS WILL BE COMMENCED
WITHIN TWO AND ONE-HALF(2 V2)YEARS FROM THE DATE OF ADOPTION OF
THE ANNEXATION ORDINANCE, OR UPON COMMENCEMENT OF
DEVELOPMENT OF A SUBDIVISION WITHIN THIS PROPERTY,WHICHEVER
OCCURS LATER
3. SEWER MAINS INSTALLED OR IMPROVED TO CITY STANDARDS WHICH ARE
WITHIN THE ANNEXED AREA AND ARE WITHIN DEDICATED EASEMENTS
• SHALL BE MAINTAINED BY THE CITY OF PROSEPR BEGINNING WITHIN 60
DAYS OF THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE.
4. PRIVATE SEWER LINES WITHIN THIS PROPERTY SHALL BE MAINTAINED BY
THEIR OWNERS,IN ACCORDANCE WITH EXISTING POLICIES APPLICABLE
THROUGHOUT THE CITY.
J. MISCELLANEOUS
1. ANY FACILITY OR BUILDING LOCATED WITHIN THE ANNEXED AREA AND
UTILIZED BY THE CITY OF PROSPER IN PROVIDING SERVICES TO THE AREA
WILL BE MAINTAINED BY THE CITY COMMENCING UPON THE DATE OF USE OR
WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE,
WHICHEVER OCCURS LATER
2. GENERAL MUNICIPLE ADMINISTRATION AND ADMINISTRATIVE SERVICES TO
THE CITY SHALL BE AVAILABLE TO THE ANNEXED AREA BEGINNING WITHIN
60 DAYS OF THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE.
•
5 00553 • ;•
AFTER RECORDING, RETURN TO: CITY OF PROSPER
1111
P.O. BOX 307
PROSPER, TEXAS 75078
•
ANY PROVISION HEREIN WHICH RESTRICTS THE SALE,RENTAL,OR USE OF THE
DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND
UNENFORCEABLE UNDER FEDERAL LAW
(THE STATE OF TEXA( (COUNTY OF COLLIN)
I hereby certify trvi itde Nn ras FILED In ties File Nut*Sequence on%date
and Cie time statue Rereph I�swim6yI Imo t duly RECORDED,In i le Official Public
Records of Real Properly of^n!I n Cnunty Terns oh
JUL 10 1997
�#,
COUNTY CLERK,COLLIN COUN f Y,TEXAS
Filed for Record in: •
COLLIN COUNTY TX
HONORABLE HELEN STARNES
On 1997/07/10
At 10:17A
Number d 07- 005 3I1%
ypeR
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Tow i of Prosper ,.
P.O. BOX 307
Prosper, Texas 75078
(972)347-2304 METRO (972)346-2640 FAX(972)347-2111
JULY.9, 1997
OFFICE OF THE SECRETARY OF STATE
STATUTORY DOCUMENTS DIVISION
PO BOX 12887
AUSTIN, TX 78711
•
REF: ANNEXATION OF BRADFORD FARMS TO THE CITY OF PROSPER,
TEXAS.
• ENCLOSED IS A COPY OF THE ANNEXATION ORDINANCE#97-06 ANNEXING
BRADFORD FARMS INTO THE CITY LIMITS OF THE CITY OF PROSPER,
TEXAS. ALSO ENCLOSED, PLEASE FIND A MAP SHOWING THE MUNICIPLE
BOUNDARY CHANGES.
IF MORE INFORMATION IS NEEDED, PLEASE FEEL FREE TO CONTACT ME
AT THE ABOVE ADDRESS AND TELEPHONE NUMBER.
1�� - P 039 412 026
EY JACKS42RI, C SECRETARY Receipt for
. Certified Mail
No Insurance Coverage Provided
Do not use for International Mail
(See Reverse)
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and ' dejit 8,7/
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$ 5-Z
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Town of Prosper
P.O. BOX 297
Prosper, Texas 75078
972/347-2304
JULY 9, 1997
HOLLY RORSCHACH
AREA MANAGER, EXTERNAL AFFAIRS
2200 N. GREENVILLE, ROOM 2E
RICHARDSON, TX 75082
REF: ANNEXATION OF 43.17 AND 19.887 ACRES INTO THE CITY OF
PROSPER, TEXAS
DEAR HOLLY,
ENCLOSED PLEASE FIND A COPY OF ANNEXATION ORDINANCE NO. 97-06
ANNEXING 43.17 AND 19.887 ACRES INTO THE CITY LIMITS OF PROSPER,
TEXAS. ALSO, I HAVE ENCLOSED A MAP SHOWING THE AREA.
IF YOU NEED FURTHER INFORMATION SO THIS AREA CAN BE ADDED TO
THE CITY'S FRANCHISE TERRITORY, PLEASE ADVISE.
SINCERELY,
C2a1;l
SHIRLEY JACKS , ITY CRETARY
Town of Prosper
P.O. BOX 297
Prosper, Texas 75078
972/347-2304
JULY 9-, 1997
DENTON COUNTY ELECTRIC CO-OP
3501 FM 2181
CORINTH, TEXAS 76205
ATTN: JANET KNIGHT
REF: ANNEXATION OF 43.17 AND 19.887 ACRES INTO THE CITY OF
PROSPER, TEXAS
PLEASE FIND ATTACHED A COPY OF ANNEXATION ORDINANCE NO.97-06
ANNEXING 43.17 AND 19.887 ACRES INTO THE CITY OF PROSPER, TEXAS.
ALSO I HAVE ENCLOSED A MAP OF THE AREA.
THIS ANNEXATION WILL BE SINGLE FAMILY HOMES, AND WILL NEED TO
BE ADDED TO THE FRANCHISE TERRITORY OF PROSPER, TEXAS.
IF YOU NEED FURTHER INFORMATION TO ADD THIS AREA, PLEASE FEEL
FREE TO CONTACT ME.
SINCERELY,
.-e-12/4.2/X)
EY JACN, SECRETARY
Town of Prosper
P.O. BOX 297
Prosper, Texas 75078
972/347-2304
JULY'9, 1997
FRIENDSHIP CABLE T.V.
P.O. BOX 800609
BALCH SPRINGS, TEXAS 75180
ATTN: RODNEY,FLETCHER, AREA MGR.
REF: ANNEXATION OF 43.17 AND 19.887 ACRES INTO THE CITY OF
PROSPER, TEXAS
PLEASE FIND ATTACHED A COPY OF ANNEXATION ORDINANCE NO. 97-06
ANNEXING 43.17 AND 19.887 ACRES INTO THE CITY OF PROSPER, TEXAS.
ALSO I HAVE ENCLOSED A MAP OF THE AREA.
THIS ANNEXATION WILL 13E SINGLE FAMILY HOMES, AND WILL NEED TO
BE ADDED TO THE FRANCHISE TERRITORY OF PROSPER, TEXAS.
IF YOU NEED FURTHER INFORMATION TO ADD THIS AREA, PLEASE FEEL
FREE TO CONTACT ME.
SINCERELY,
EY J. CI�SON, C ,SECRETARY
Town of Prosper
P.O. BOX 297
Prosper, Texas 75078
972/347-2304
JULY.9, 1997
JOHN WEINBERG
TU ELECTRIC
P.O. BOX 490
FRISCO, TX 75034
REF: ANNEXATION OF 43.17 AND 19.887 ACRES INTO THE CITY OF
PROSPER, TEXAS.
DEAR JOHN,
ENCLOSED IS A COPY OF ANNEXATION ORDINANCE NO. 97-06 ANNEXING
43.17 AND 19.887 ACRES INTO THE CITY OF PROSPER, TEXAS. I HAVE ALSO
ENCLOSED A MAP OF THE AREA.
IF MORE INFORMATION IS NEEDED TO ADD THIS LAND TO THE FRANCHISE
AREA OF OUR CITY PLEASE FEEL FREE TO CONTACT ME.
SINCERELY,
EY JACKSO ,CITY S TARY
Town of Prosper
P.O. BOX 307
Prosper, Texas 75078
(972)347-2304 METRO (972)346-2640 FAX(972)347-2111
JULY 9, 1997
BURLINGTON-NORTHERN RAILROAD
2680 CONTINENTAL PLACE - 777 MAIN
FORT WORTH, TEXAS 76102
C/O DURWOOD COCHRUM, PROPERTY MANAGER
DEAR MR. COCHRUM
THE CITY OF PROSPER, TEXAS IS NOTIFYING BURLINGTON-NORTHERN
RAILROAD OF AN ANNEXATION BY NOTICE OF THE PUBLIC HEARING
BECAUSE YOUR RAILROAD SERVES OUR CITY AND IS ON THE TAX ROLL.
THIS LAND IS BORDERED BY BURLINGTON-NORTHERN RAILROAD. THE
LEGAL DESCRIPTION OF LAND IS:
ABSTRACT 112, WILLIAM BUTLER SURVEY, TRACT 4, CONTAINING 43.17 AC.
ABSTRACT 112, WILLIAM BUTLER SURVEY, TRACT 7, CONTAINING 19.887
ACRES
IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT ME AT THE ABOVE
NUMBER.
SINCERELY,
SH Y JACKS ,CIT ECRETARY
Town of Prosper
P.O. BOX 297 •
Prosper, Texas 75078
972/347-2304
JULY 9; 1997
SALES TAX DIVISION
COMPTROLLER OF PUBLIC ACCOUNTS
LYNDON B. JOHNSON STATE OFFICE BUILDING
AUSTIN, TX 78774
REF: ANNEXATION OF 43.17 AND 19.887 ACRES INTO THE CITY OF
PROSEPR, TEXAS.
PLEASE FIND ATTACHED A COPY OF ORDINANCE NO. 97-06 ANNEXING NEW
LAND INTO THE CITY LIMITS OF PROSPER, TEXAS. I HAVE ENCLOSED A
MAP OF THE CITY SHOWING THE ANNEXED AREA IN GREEN.
IF MORE INFORMATION IS NEEDED, PLEASE FEEL FREE TO CONTACT ME
AT THE ABOVE ADDRESS OR TELEPHONE NUMBER.
YP 039 4-112 02E
S 4RLEY JA`CG:lSON,CI SECRETARY Receipt for
Certified Mail
Air No Insurance Coverage Provided
LOVED SIMS Do not use for International Mail
(See Reverse)
Streat and No. y,
Sivaik)S. 9/f1) .
j t{�State
and Zip Code
y��, (/ W8?'?
postage
_
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Certified Fee
13.(
i Special Delivery Fee
Restricted Delivery Fee
7- Return Receipt Showing I '�l
W to Who.e,c•.e,.ry.:�Delivered PC)
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Town of Prosper
P.O. BOX 297
Prosper, Texas 75078
972/347-2304
JULY 9;.1997
U.S.DEPARTMENT OF JUSTICE,VOTING SECTION
CIVIL RIGHTS DIVISION
P.O.BOX 66128
WASHINGTON,D.C. 20035-6128
REF: ANNEXATION OF 43.17 AND 19.887 ACRES INTO THE CITY OF PROSPER,TEXAS.
MY NAME IS SHIRLEY JACKSON,CITY SECRETARY. I AM SUBMITTING THE
INFORMATION TO YOU ON BEHALF OF THE CITY OF PROSPER,TEXAS- 109 SOUTH MAIN
STREET,PROSPER,TEXAS 75078.
THE 43.17 AND 19.887 ACRES OF LAND WAS ANNEXED INTO THE CITY OF PROSPER,TEXAS
AS OF JULY 8TH, 1997, AND THE OWNER OF THE LAND WILL HAVE THE SAME VOTING
RIGHTS AS ALL OTHER CITIZENS IN THE CITY. THE LAND HAS NO IMPROVEMENTS AT
THIS TIME BUT WILL NOT ABRIDGE THE VOTING RIGHTS OF ANYONE.
A COPY OF ORDINANCE NUMBER 97-06 ANNEXING THE PROPERTY IS ENCLOSED FOR
YOUR INSPECTION.
THE CITY COUNCIL OF THE CITY OF PROSPER,TEXAS,AFTER CAREFUL CONSIDERATION,
ANNEXED THE LAND TO INCREASE THE CITY'S TAX BASE PLUS THE OWNER NEEDED THE
FACILITIES OF THE CITY,INCLUDING: FIRE,POLICE PROTECTION,WATER,GARBAGE,
AND OTHER CITY SERVICES.
THE CITY OFFICIALS ARE A MAYOR AND FIVE COUNCILMEMBERS ELECTED AT LARGE
FOR TWO(2)YEAR TERMS.
" THE POPULATION OF THE CITY OF PROSPER,TEXAS PRIOR TO THE ANNEXATION IS 1,300
PER NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS. THE ANNEXED LAND IS
UNINHIBITED AT THIS TIME,THE PROPERTY ANNEXED WILL HAVE ONLY STLGLE FA IILY_____.____—
HOMES ON IT. .
' PS Form 3800,June 1991
e'1 0 70 S g' fn C7 ^ w 1 y g
N m O m C O5g E N m I
N O I i» ��
m D m 3 33 E."% am 3n a o aSSY RETARY m. `" m m g n
oI
N cn o c 0 7j
40ist ___,...: 11 a • %e tint !
gi
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4* m g go
_a
"` ►; U.S. Departr---- of Justice
Civil Rights Division
Ibting Section
IKP:.DHH:TGL:tlb: emr RO•. Bar 66128 •
DJ 16 6-012-3 I{f shingon, D.0 20035-6128 •
97-2065
September 15, 1997 •
Ms. Shirley Jackson
City Secretary
P.O. Box 297 •
Prosper, Texas 75078
Dear Ms. Jackson:
This refers , to two annexations (Ordinance Nos. 97-04 and
';-97-06) to the Town of Prosper in Collin County, Texas, submitted
to the Attorney General pursuant to Section 5 of the Voting
Rights Act, 42 U. S. C. 1973c. We received your submission on July
15, 1997 .
The Attorney General does not interpose any objection to the
specified changes. However, we note that Section 5 expressly
provides that the failure of the Attorney General to object does
• not bar subsequent litigation to enjoin the enforcement of the
changes. See the Procedures for the Administration of Section 5
(28 C.F.R. 51.41) .
Sincerely,
Isabelle Katz Pinzler
Acting,Assistant Attorney General
'vil Rights Division
•
By: ///"/: 6 452/ .
42- Elizabeth Johnson •
Chief, Voting Section
•
s f
DOE COfo
p .4i .
4/ oA=�- VIi COMPTROLLER OF PUBLIC ACCOUNTS
wU) ��' STATE OF TEXAS
$ AUSTIN, TEXAS - 78774-0100
l'Exts$
July 22, 1997
Ms.Shirley Jackson
City Secretary
City of Prosper
Post Office Box 297
Prosper, TX 75078-0297
Dear Ms. Jackson:
We have received annexation ordinance nos. 97-04, 97-06, and the map indicating the property to
be annexed into the City of Prosper.
The local sales and use tax will become effective October 1, 1997 in the areas indicated on the
map.
If you have any questions or need more information,please call me toll free at 1-800-531-5441,
extension 51082. My regular number is 512/475-1082.
Sincerely,
Tina Rodriquez
Tax Allocation.Section
Revenue Accounting Division
I
—/O(AT12 Of CPZ0�,/.2
P.O. Box 307
Prosper, Texas 75078 •
•
214/347-2304
(FAX) 214-347-2111
FAX MEMO
•
DATE : MAY 12 , 1997
TO : McKINNEY COURIER GAZETTE FROM : SHIRLEY JACKSON
972/548-7527 CITY SECRETARY '
PLEASE PUBLISH THE TWO ( 2) ATTACHED NOTICES OF PUBLIC
HEARINGS ONE ( 1 ) TIME IN YOUR MAY 16 , 1997 EDITION OF .
THE COURIER GAZETTE .
PLEASE MAIL PUBLISHER' S AFFIDAVIT ALONG WITH BILL .
THANKS .
•
• IF YOU DO NOT RECEIVE ALL OF THE PAGES , PLEASE ADVISE .
PAGE 1 OF 3 PAGES
( INCLUDES COVER) •
•
•
. CITY OF PROSPER TEXAS •
NOTICE OF PUBLIC HEARINGS
ON ANNEXATION
Notice is hereby given that public hearings will be held by the Governing Body of the City
of PROSPER ,Texas in the city hall at 7 : 00 p.m. on MAY • 27
19 9 7 , and at 7 : 00 _p.m: on JUNE -3_ , 19 97, for:the purpose of considering.
annexation into.the.city. .limits of the-following described property:
ABSTRACT 112 ,W-I•LL-I-AM BUTLER. SURVEY , TRACT _ 4 ,CONTAINING 43 . 17 ACRES
ABSTRACT 112 ,WILIIAM BUTLER SURVEY , TRACT • 7._, CONTAINING 19 . 887 ACRES
All interested citizens and property owners are hereby notified of their right to appear and
be heard on the matter.
City Secretary
City of PROSPER
•
•
•
Governmental Service Agency, Inc. 2-11 Annexation:Procedures Manual
0
PUBLIC HEARING - BRADFORD FARMS
TUESDAY MAY 27 , 1997
CITY HALL - 109 SOUTH MAIN STREET 7 : 00 P .M.
THOSE PRESENT : MAYOR PRO-TEM, RALPH BOYER: COUNCILMEMBERS :
BILL NISWANGER-, JIM DUNMIRE AND LARRY TRACEY . STEPHEN 0 .
COFFMAN AND GRADY SMOTHERMON WERE ABSENT .
CITIZENS PRESENT : JANET PHILLIPS , GEORGE DUDLEY , ENGINEER
FOR GENTLE CREEK AND CHARLES VANDERFORD , SALES CONSULTANT
FOR GOFF HOMES .
CALL TO ORDER: MAYOR PRO-TEM, RALPH BOYER CALLED THE MEETING
TO ORDER.
MAYOR PRO-TEM OPENED THE HEARING UP FOR COMMENTS FROM CITIZENS .
NO NEGATIVE COMMENTS WERE HEARD .
ADJOURN: MOTION BY BILL NISWANGER AND SECONDED BY LARRY TRACEY
TO ADJOURN . MOTION CARRIED .
MAYOR
• CITY SECRETARY
•
Printer's Fee $ � '2 No )
1 Estate of f
Jg�3 I&) 1 - 4L )
?
PUBLISHER'S AFFIDAVIT
THE STATE OF TEXAS
COUNTY OF COLLIN,
On this day personally ppeare before the undersigned authority
_; 3J
one of the publisher's c HE DAILY COURIER-GAZETTE published at
McKinney,Texas,wh on oath says that the notice hereto annexed was
published in said newspaper.
on the / -- day of i -07— 19`-
onJthe day of 19
_-,_- .- - - - .f2_
Publisher
-Sworn and subscribed before me this... .. . ...day o W 19`4
Notary Public, Collin County, Texas
Printer's Fee $ cc 6 I , ! No .)
Estate oace-1-6- `4 :. -73/4 ,r
PUBLISHER'S AFFIDAVIT
THE STATE OF TEXAS
COUNTY OF COLLIN,
On this day personally peare before the undersigned authority
one of the publisher's HE DAILY COURIER-GAZETTE published at
McKinney,Texas,who on oath says that the notice hereto annexed was
published in said newspaper.
on the /4L day of.P — 19.?7
on the day of 19
, - , - , Publisher
SwOrn and subscribed before me this . - day o .. . 7
Notary Public, Collin County, Texas
NOTICE
REGULAR CITY COUNICL MEETING
TUESDAY MAY 13, 1997
CITY HALL-109 SOUTH MAIN STREET 7:00 P.M.
HAS BEEN CANCELLED DUE TO A LACK OF A QUORUM,
AND HAS BEEN RESCHEDULED FOR;
TUESDAY MAY 20, 1997
CITY HALL-109 SOUTH MAIN STREET 7:00 P.M.
PUBLIC HEARINGS WILL BE RESCHEDULED AND POSTED
AT A LATER DATE.
CERTIFICATION
I HEREBY CERTIFY THAT THE ABOVE NOTICE WAS
POSTED BY 5:00 P.M. ON THE 12TH DAY OF MAY, 1997 AT
THE CITY HALL-109 SOUTH MAIN STREET IN PROSPER,
TEXAS.
SH LEY A"SON
CITY SECRETARY
g0 W12 Of g3TOJ12,EZ
•
P.O. Box 307
Prosper, Texas 75078
214/347-2304
(FAX) 214-347-2111
FAX MEMO
DATE : APRIL 15 , 1997
TO :McKINNEY COURIER GAZETTE FROM : SHIRLEY JACKSON
972-548-7527 CITY SECRETARY
•
PLEASE PUBLISH THE TWO ( 2 ) ATTACHED NOTICES OF PUBLIC.= •
HEARINGS ONE (1 ) TIME IN YOUR MAY 1st EDITION OF THE
COURIER GAZETTE .
PLEASE MAIL PUBLISHER' S AFFIDAVIT ALONG WITH BILL .
°• THANKS
IF YOU DO NOT RECEIVE ALL OF THE PAGES , PLEASE ADVISE .
PAGE 1 OF 3 PAGES
( INCLUDES COVER)
+
•
•
•
CITY OF PROSPER , TEXAS •
•
NOTICE OF PUBLIC HEARINGS
• ON ANNEXATION
•
Notice is hereby given that public hearings will be held by the Governing Body of the City
of PROSPER ,Texas in the city hall at 7 : 00 p.m. on MAY 1 3 ,
19 97 , and at 7 : 00 .p:m. on MAY 20 , 19 97, for the purpose of considering
annexation into the city limits of the following described property:
ABSTRACT 112 ,WILLIAM BUTLER SURVEY ,TRACT 4 ,CONTAINING 43 . 17 ACRES
ABSTRACT 112 ,WILLIAM BUTLER SURVEY ,TRACT 7 , CONTAINING 19 . 887 ACRES
All interested citizens and property owners are hereby notified of their right to appear and
be heard on the matter.
ity ecretat •
City of PROSPER
•
•
•
•
•
Governmental Service Agency, Inc. 2-11 Annexation Procedures Manual
NAME OF WATER SYSTEM: CONSTRUCTION CO: Morrow C onS -. _
P10 5 fZ r JOB NAME: C=o FF ,'-/ it-5 _ An' *
SIMPLE POINT OF SAMPLE DATE TIME CHLORINE COLLECTED DATE OF TOTAPL FECAL
LUMBER COLLECTION TYPE COLLECTED ^CCOLLECTED RESIDUAL t� BY ANALYST ANALYSIS COLIFORM COLILURM -
1 C /oW/✓ CoLO/t/y CONST. 4•_Z7'"t/7 /^• , y I 2-, /�, �/ c. D3 a8-'-) A
6(Ao r'//' 02, tor 4,-a I r ,‘ Z ; s< 2- c Afj ii -
. m,0F0rr9 , .i,r -7,Q if if 3,'/ a 2,zi 4ef,' A
it Cr' w c-�Lv / for /0 fl ► l 3 GO c., 41?.-,i A
►, 11 3 , 3 D 1 , r gl� A —�
�/�✓� turn � �:,r 9�
•
_ J
[ I UNSUITABLE FOR ANALYSIS/PLEASE RESUBMIT NORTH TEXAS MUNICIPAL WATER DISTRICT
[ J Sample too old. Sample not received [ J Quantity insufficient for Laboratory ID # 46175
within 30 hours of collection analysis (100 ml required)
[ ] Date discrepancy or form incomplete [ ] Heavy silt/bacterial growth A - Absence (Coliform bacteria not found)
(See encircled item) present possibly compromising
test results (TNTC, CO, ES) P - Presence (Coliform bacteria found)
.
RELINQUISHED BY: RECEIVED BY: • DATE: TIME:
- i
Declaration of Restrictions
of
Bradford Fps
State of Texas
County of Collin
THIS DECLARATION is made as of the 1st day of April, 1997 by Irosper Bradford
Farms, L.P., a Texas limited partnership.
WITNESSETH:
WHEREAS, Grantor is the owner of certain real estate property locoed in Prosper,
Texas, Collin County, Texas and being mot particularly described as follows:
•
Block A: Lot Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, Block B:Lot Nos. 1, 2, 3, 4, 5, 6, 7,
8, 9, 10, 11, 12, 13,Block C: Lot Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13' Block D: Lot Nos.
1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 of the Bradford Farnns su vision as recorded in
page J765 and J766,Plat Records of Collin County, Texas(hereinafter the" roperty"):
WHEREAS, Grantor desires to create a quality development with r 'coons, covenants,
impositions, easements, charges and liens as hereinafter set forth for the preservation of the
Property:
, NOW, THEREFORE, IT IS HEREBY DECLARED that all of the Property described
above shall be held, sold and conveyed subject to all easements and other mat ers of record, and
subject to the easements, restrictions, covenants and conditions created here for the purpose of
protecting the value and desirability of the Property, which easements, restrictions, covenants and
conditions shall run with the Property, and shall be binding on all parties having any right, title or
interest in or to the Property or any part thereof, and their heirs, successors and assigns, and
which easements, restrictions, covenants and conditions shall inure to the benefit of each Owner
of the Property or a portion thereof.
ARTICLE I
•
DNS
The following words, when used in this Declaration, shall have the following meanings:
1.1. "Property" shall mean and refer to that certain real property herein descrled, and such
additions thereto as may hereinafter be brought within the jurisdiction of the Declaration.
1.2. "Grantor" shall mean and refer to Prosper Bradford Farms L.P., a Texas limited partnership,
and its successors and assigns.
1.3. "Owner" shall mean and refer to the record owner, whether one or more persons or entities,
of fee simple title to any Lot or portion of a Lot, their heirs, successors, legal representative or
assigns.
1,4. "Lot" shall mean and refer to those lots shown upon the plat and subdivision map recorded
in page J765 and J766, of the Plat Records of Prosper, Texas, Collin County,Texas on which
there is or will be built a single family dwelling.
ARTICLE U -
• USE RESTRICTIONS
2.1. lype of Building Permitted: All lots shall be used for residential purpos s only, and no
building shall be erected, altered, placed or permitted to remain on the lot of er than one detached
single family dwelling not to exceed two(2)stories in height and a private g ge. Only one
residential dwelling per lot shall be permitted.
2.2. Minimum Floor Area Criteria: Any residence constructed on said Lots must have a floor
area of not less than 1800 square feet of heated/air conditioned space, exclusive of open or
screened porches, terraces, patios, driveways, and garages.
2.3. Design Criteria. Structures: The following minimum criteria are established requirements for
all structures:
(a) All residential construction shall b'e 100%brick. Two(2)story residential construction
design criteria is subject to approval by the Architectural Control Cor mittee
(b)All homes must be constructed of new materials.
(c)Garages shall be two(2)car. Openings of garages must face the s eet, Side entry
garages will be allowed if approved by the Architectural Control Co •ttee. No carports
of any kind shall be allowed.
I
(d)The front door of the home must face the street.
(e)Roof design must have a minimum pitch of 8/12. i
(f) Storage sheds, barns or other structures shall not exceed 300 sq u feet in floor area
and 15 feet in height. Structure must be constructed with a minimum f three(3)exterior
walls. Construction of all structures shall be 100%brick.
2.4.Completion of Construction: All homes,buildings or structures erected pon a Lot must
begin construction within sixty(60) days of the contract date and have the erior, including
brick walls and roof, completely finished within one hundred twenty days(12 )days after
construction begins. Construction of all structures is to be completed within ne(9)months from
the date of contract. Landscaping is to be completed as provided in Paragrap 4.1 hereof.
2.5. Setbacks:No residential building or improvement of any kind shall be located on any lot
nearer than 50 feet nor farther than 125 feet from the front lot line as shown on the recorded plat,
nor nearer than 25 feet to the side of the Lot'line. Storage sheds,barns, stable a and corrals shall
be in the rear of the Lot no closer than 100 feet from the rear of the house. Alternative setback
limits for Lots located in cul de sacs shall be approved by the Architectural Control Committee,
prior to construction. The main residence on'any lot shall maintain equal side tetbacks from the
side property lines, unless otherwise approved by the Architectural Control Committee. Location
of fences,walls or hedges shall be in accordance with Paragraph 2.17.
i
2.6. Easements: Easements for the installation and maintenance of utilities, drfinage facilities and
public roadways are reserved as shown on th'e recorded plat. No utility comp y, water district,
highway department or political subdivision or other authorized entity using tle easements herein
referred to shall be liable for any damage done by them or their agents, employees, assigns or
servants, to shrubbery, trees or flowers, or to other property of an owner situated within any such
easement. j ,
2.7. Noxious or Offensive Activities Prohibited: No noxious, environmentally hazardous or
offensive trade or activity shall be carried on;in the subdivision, nor shall anything be done thereon
which may be or become a nuisance to the neighborhood, in the sole discretion:of the Grantor. No
lot shall be used as a dumping ground for rubbish, shrubbery or trees. No inoperative vehicles or
en
household appliances shall be allowed to r ' • on the property, and no auto p obiles on blocks
will be allowed. Any automobile without ct license plate and inspection slicker for more than
ten(10)days shall be removed at owners expense. Grantor shall have the righ 'to remove the
above mentioned articles and to charge the tot owner for the cost thereof, an levy the penalty
provided in Paragraph 2.23 hereof. . 1
REV(7/1/97) '
1
2.8. Prohibitive Residential T T"1.,No structure of a temporary character_ m. ile home,
• , , manufactured home, garage ,.tacked building, barn, tent, travel trail. Id/s r camper, or other 1
temporary structure shall be placed on any lot at any time as a residence, eit er temporarily or
permanently.
2.9. Signs: No sign or billboard of any type shall be placed or maintained on y lot, provided,
however, that Grantor shall have the right, during the construction and sales:•eriod, to construct
and maintain such facilities as may be reasonably necessary or convenient fo such construction
and sale, including, but not limited to, signs, flags, offices, storage areas and odel units.
2.10. Oil Development and Mining Prohibited: No oil well drilling, oil devel.pment operations,
oil refining, quarrying or mining operations of any kind shall be permitted on any Lot, nor shall oil
wells, tanks, tunnels, mineral excavations or shafts be permitted on any Lot. o derrick or other
structure designed for use in boring for oil, natural gas or other minerals s : be erected,
maintained or permitted on any Lot.
2.11. Rubbish,Trash and Garbage: No lot shhll be used or maintained as a d i ground ping gr d for
junk, abandoned automobiles, rubbish or
trash, and no garbage or other west shall be kept except
in sanitary containers. All containers shall be kept in a clean and sanitary con lion and out of
public view except for the designated waste collection days.
I
2.12.1mannispotaL Sewage disposal shall be effected by means of an in 'vidual sewage
system. The sewage treatment system must be a self contained aeration desi with all system
processes contained in tanks. The system,its location on Lots and disposal fi d shall be designed, ,
located and constructed in accordance with the requirements, standards and mmendations of ;l
the Collin County Health Department. Approval of the selected system, prior to installation, shall
be obtained from the appropriate governing authority(Coffin County Health epartment). System
shall be maintained, at all times, in accordance with manufacturer's recommended procedures.
Failure to properly maintain the sewage system shall be grounds for penalty provided in
Paragraph 2.23
2.13. Water Supply: No individual water-supply system shall be permitted on y Lot unless the
system is located, constructed and equipped in accordance with the requirem ts, standards and
recommendations of Collin County, Texas. Approval of the selected system, rior to installation,
shall be obtained from the Architectural Control Committee. Approval of the pystem as installed
shall be obtained from the appropriate governing authority.
2.14 Use of Natural Gas: No use of natural gas, propane,butane or other gas us materials for
any use shall be permitted on any Lot, except for the purposes of outdoor co ' g on portable
grills utilizing small tanks.
i
2.15. Animals: Dogs, cats and other domestic household may be kept Y an maintained by any
Property Owner as long as they are properly;leashed or corralled. Design and ocation of outdoor
animal corrals/kennels shall.be subject to approval by the Architectural Contr Committee. No
sheep goats, swine, poultry or any other livestock(except horses, see Section .16) shall be
allowed. No commercially raised animals shall be allowed.No pit bulls, figh ' game or fighting
roosters shall be allowed.
i
• 2.16. Horses and Stables: Subject to compliance with applicable local ordinances and regulations,
horses may be kept on Lots. A barn and stable or corral must be erected, provided such barn and
stable or corral must be in compliance with the requirements stated hi this Declaration. The barn,
stable or corral shall be located in the rear of the Lot no closer than 125 feet fipm the rearof the
house. No more than two(2) horses per Lot,shall ever be allowed.
2.17. Fences. Walls and Hedges: No fence, wall, or restrictive hedge shall be paced or permitted
to remain on any Lot nearer to the street or streets adjoining such Lot than theirear of the house,
except for decorated subdivision entry fences. The standard fence for any Lot all be a white
steel pipe fence with three(3)middle white cable strands with a maximum hei t of five(5) feet.
Alternative types of fences must be approved, prior to installation, by the Arc ectural Control
Committee. In the event a swimming pool is constructed on the Lot. maximumfence height
restriction shall be modified to meet minimum regulatory height standards. Design shall be '
submitted to the Architectural Control Committee for review. No chain link fence, sheet metal
fence, concrete fence, electric fence, barbed wire fence, snow fence or similar type fence shall be
erected. Any wall design and location or restrictive hedge location shall be apprioved, prior to
installation, by the Architectural Control Committee.
REV(7/1/97)
2.18. Trucks.Busses and 1 EL No truck, bus or trailer shall be k� ,ar •-. in the street in
;
front of any Lot, except for construction and repair equipment while...aid ce or residences are
being built or repaired in the immediate vicinity,and no truck, bus,boat or t er shall be parked
on the driveway or any portion of the Lot in such manner as to be visible fro the street.
2.19. Prohibited Activities: No professional business or commercial activity • which the general
public is invited shall be conducted on any Lot, provided, however, that Gr: or shall have the
right during the construction and sales period to conduct normal business in ' e designated model
unit.
2.20. Satellite Dishes: No satellite dishes of any kind shall be located on any •t in such a manner
as to be visible from the street. If satellite is visible from the street, it must b• effectively screened
or fenced.
•
2.21. Mailboxes: Any residential mailbox design and proposed location : be subject to
approval by the Architectural Control Committee and shall meet the require ents as stipulated by
the U.S. Post Office.
2.22. Outdoor Guard/Protective Lighting: Any outdoor pole mounted guar. ►rotective lighting
shall be a maximum of 20 feet in height. Placement and illumination of any o tside lighting shall
not intrude on neighboring properties nor create annoying
surrounding properties. Disputes on outdoor lighting matters shall be resoly , by the
effecting
Architectural Control Committee.
2.23. Penalty for Breach: A penalty fine, payable of Twenty Five and no/100 'ollars($25.00) per
day, will be levied against any Lot Owner who does not adhere to these r-: ions after being
notified by Certified Mail, return receipt requested, at the address shown for e Owner on the
Tax Rolls of Collin County, Texas,that said owner is in default. Non-payme of any fines levied
may result in a lien against the Lot of the party who is in default.
ARTICLE III
ARCHITECTURAL CONTRQjt
3.1. Appointment of Committee: Grantor shall appoint an Architectural Con •1 Committee
("Committee")composed of not less than three(3)individuals, each familiar 'th the residential
and community development design matters. They will be knowledgeable of d have concern for
a high level of taste, design, quality, harmony, and conformity throughout the 'roperty as
consistent with this Declaration.
3.2. Successors: In the event of death
, resignation or removal by Grantor of y member of the
Committee, the remaining member(s)shall appoint a successor member. In de ault of such
appointment, Grantor shall have full authority to.appoint a successor.No me ber of the
Committee shall be compensated for, or be liable for claims, causes of action 'r damages arising
out of, services performed pursuant to this Declaration.
3.3. Approval of Plans and Specifications: No improvement,building, fence, all or other
structure shall be commenced, erected or maintained upon the Property,pp rty, nor s an exterior
addition to or change or alteration therein be made, nor shall any landscaping f any Lot(s)be
undertaken until the plans and specifications showing use, kind, shape, height, materials and
location of the same have been submitted to, and approved in writing, by a ority of the
members of the Committee.
3.4. Review of Documents: The following documents and criteria are establis ed for review by
the Architectural Control Committee:
(a)All plans for structures shall not be less than 1/8"- I' scale.
(b)Drawings and documents required for review shall consist of the
following:
(1) Floor plans, layouts, etc.
(2) Elevations of structures
(3) Sumrhary of specifications,list of proposed materials and
samples of exterior materials which cannot be adequately desc ' ed.
REV(7/1/97)
%', --i'r••.•••• »j.v■a ay.ava .,. WV WV VC uc1i Wm constitute a prenmvinary
approval.
(d)The final const�fl, ��on documents constitute the documei_ in final
review and approval. If the Committee fails to approve or disapprove such
plans and specifications within thirty(30)days after the date of submission,
written approval of the matters submitted shall not be required and
compliance with this article shall be deemed completed.
3.5. Termination; Continuation: The Committee appointed by the Grantor s cease to exist on
the close out date. At any time after the termination of the Committee, the O ers of a majority
of Lots shall have the authority to record an instrument which will provide f a committee,
elected by the Owners, to continue the functions of the Committee. Such ' ent shall
establish a procedure whereby the Owner's committee members shall be cho n and a notice
procedure whereby all Owners will receive notice of such procedures. If ther is no Committee or.
Owner's committee, no approval by the Committee or Owner's committee s 1 be required under
this Declaration. Variations from standards set forth in this Declaration shall a made in
accordance with general development standards as reflected in plans, constru 'on materials,
landscaping and other matters approved by the Committee or Owner's co ttee during period
of control.
3.6. Liability of Committee The members of the Committee shall have no li ility for decisions
made by the Committee so long as such decisions are made in good faith and a not arbitrary or
capricious. Any errors in or omissions from the plans or the site plan submitt to the Committee
shall be the responsibility of the Owner of the Lot which improvements relate' The Committee
shall have no obligation to check errors in or omissions from any such plans, r check for such
plans' compliance with the general provisions of the Declaration, city codes, tate statutes or
common law, whether the same relate to Lot lines, building lines, easements or any other issue.
ARTICLE IV
i
EXTERIOR MAINTENANCE
4.1._Maintenanc .of Prima, In order to maintain the standards of the Property, no refuse or
unsightly objects shall be allowed to be placed or suffered to remain anywher thereon. The
Property, building improvements, landscaping and appurtenances shall be kep�in good, safe, clean
and neat condition. In the event an Owner of any Lot shall fail to maintain the p remises and the
improvements situated thereon in a neat and orderly manner, the Grantor s have the right,
through its agents and employees, to enter upon said lot and to repair, maint •' and restore the
Lot and exterior of the buildings and any other improvements erected thereon all at the expense
of the Owner. Each Lot Owner shall be required to keep the grass or weeds o such Lot mowed
so that it shall not be higher than six(6)inches. Property must be landscaped frithin 90 days of
closing on the purchase of the property and subsequently properly maintained.1 Landscaping shall
be placed the full width of the lot from the front lot line to a minimum of thin (30) feet behind
the rear of the house, which includes the front yard, side yard and minimum b kyard portion. Lot
landscaping shall include, at a minimum, the successful sodding, seeding or hy�romulching of the
required minimum yard area. Other landscaping shall be at the Lot Owners discretion.
ARTICLE V
EASEMENTS
5.1. Reservation of Easements. All easements for the installation of utilities, drainage facilities or
public roadways are reserved as shown on the plat recorded in page J765 and 1766, Plat Records
of Collin County, Texas. No shrubbery, fence or other obstruction shall be placed in any easement
or alleyway. Right of use for ingress and egress shall be had at all times over y dedicated
easement, and for installation, operation, maintenance, repair or removal of an utility or public
roadway, together with the right to remove any obstruction that may be placed;in such easement
which would constitute interference with the use, maintenance, operation or installation of such
utility or public roadway.
•
REV(7/1/97)
ARTICLE VI
GENERAL PRROVISIONS
6.1. Enforcement. Enforcement of restrictions, conditions and reservations now or thereafter
imposed by the provisions hereof shall be any procedure at law or equity against any person or
persons violating or attempting to violate any covenants or restrictions either to restrain violation
or to require certain performance or to recover damages or to enforce any lion created by these
covenants. Any costs of collection, including reasonable attorney's fees incurred in the
enforcement of these covenants, restrictions or lien shall be paid by the violating Owner. Failure
to enforce any covenant or restriction herein contained in no event be deemed as a waiver of the
right to do hereafter.
6.2. Non-liability of Grantor or Association.. Neither the Grantor nor the Association shall in
any way or manner be held liable or responsible for any violation of these restrictions by any
person other than itself. In the event that either Grantor shall deem it necessary to enforce any
covenant these restrictions against any Owner, said Owner shall be required to pay reasonable
attorney's fees and court costs if the Grantor shall prevail is said litigation.
6.3. Declaration of Restrictions Run With the Land. The restrictions herein contained shall
constitute an easement and imposition in and upon with the Property and every part thereof, and
they shall run with the land and shall inure to the benefit of and be binding upon enforceable by
Grantor or any Owner for a period of five(5)years from the date this Declaration is recorded.
6.4. Owner Compliance. The covenants,restrictions and servitudes imposed by this Declaration
shall apply not only to Owners, but also to any
Lot by permission or invitation of the Owner or his tenantsons or , expressed
occupying the Property or any
expressed or implied. Failure of the Owner to notify said persons or occupants of the existence of said restrictions shall in no way
limit or divest the right of Grantor or other Owners of the Property of enforcement of these
restrictions and, in addition,the violating Owner shall be responsible for all violations of these
restrictions by his tenants, licensees or invitees of his tenants at any time.
6.5. Severability Clause. Invalidation of any one of these restrictions, whether In whole or in part,
by a court of competent jurisdiction, shall not affect any of the other restrictions, and all other
provisions shall remain in full force and effect.
6.6. Duration and Amendment,The covenants, conditions and restrictions of this Declaration shall
be in effect until all Lots in the Bradford Farms have been sold and closed upo 1(close out date),
after which time said covenants, conditions and restrictions shall be automatically extended for
successive periods of five(5)years. Prior to the close out date, Grantor reserves the right to
amend, delete and/or add to the covenants and restrictions of this Declaration. After the close out
date, the covenants, conditions and restrictions of this Declaration may be amended during the
first five(5)year period by an instrument signed by not less than sixty(60)percent of the Lot
Owners, and during subsequent five 5year( ) periods by instrument signed by not less than seventy
five(75)percent of the Lot Owners.No such amendment shall be effective until recorded and
approval of any y governmental regulatory body which is required shall have been obtained.
6.7. Compliance with State, County and City Regulations. In the event the covenants, conditions
and restrictions of this Declaration conflict with any state, county or city regulations, the more
stringent of the requirements shall apply. At a minimum, all Lots shall comply with applicable
state, countyand/or city regulations
ulations for residential living.
I
i1
REV(7/1/97)
SWORN TO AND ACKNC,,.. , 'EDGED before me by Tommy Goff,;,'
Registered Agent for the General Partner of Prosper Bradford Farms, L.P., a Texas limited
partnership.
on this the I day o , 1991 , for and on behalf of said venture.
Prosper Bradford Farms, L.P.,
a Texas limited partnership
To ''y Goff, President
James Patrick Inc. (General Partner)
STATE OF C)L a.x
I _
COUNTY OF ajb2a...4-9
his instrument was ac wled ed b fore me his/ d y of • 199 7, By
= 46( , its o ph' . ; jq Texas limit
hipeh and on behalf of said , -- - ! k.y
d-p*
Notary Public
AQUILLA ATTAWAY
4 WA Notary Public,State of Texas
1
I, My Commission Expires %Li,* /4Aala-
FEBRUARY 25 1999 Printed Name
Commission Expires
•
REV(7/1/97)