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98-30 O - Annexation Ordinance - 594.295 acres, Abstract No. 147, Ed Bradley Survey and Abstract No. 86 001 32 1 79 TOWN OF PROSPER,TEXAS ORDINANCE NO. _•_98-30_�_._ 111 AN ORDINANCE PROVIDING FOR THE VOLUNTARY ANNEXATION OF A TRACT OF LAND SITUATED IN THE COLLIN COUNTY SCHOOL c'. LAND SURVEY, ABSTRACT NO. 147, AND IN THE ED BRADLEY SURVEY, ABSTRACT NO. 86, CONTAINING 594.295 ACRES OF LAND, MORE OR LESS, IN COLLIN COUNTY,TEXAS; PROVIDING THAT THE tv OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL.BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF PROSPER AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND PROSPER'S ZONING ORDINA.NCE.NO. 84-16 AND ANY AMENDMENTS THERETO; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town of Prosper("Prosper") received a request from Bruce G. Smith to acres of land,a tract of land containing 594.295 more or less; and WHEREAS,the City Council of the Prosper("City Council")under the authority of • Section 43.001, et seq. Local Government Code, investigated and determined that it would be advantageous and beneficial to Prosper and its inhabitants to annex the below-described property ("Property") to Prosper; and WHEREAS, the City Council finds that the property the subject of this Ordinance is within the extraterritorial jurisdiction of Prosper and is adjacent and contiguous to the existing city limits of Prosper; and WHEREAS, the City Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS, the City Council finds that the property the subject of this Ordinance is one- half(:'2)mile or less in width; and VOLUNTARY ANNEXATION'ORDINANCE CONTAINING 594.295 ACRES OF LAND,MORE OR LESS-Page I bj/Iambox4 prospeetanner.ord/i20898 V • 04343 ,02703 WHEREAS, the City Council finds that the property the subject of this Ordinance is vacant and without residents; and WHEREAS, the City Council has conducted at least two (2) public.hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and WHEREAS, the City Council finds the public hearings were conducted on or after the fortieth(40th) day but before the twentieth (20th) day before the date of institution of the annexation proceedings; and WHEREAS, the City Council finds it has completed the annexation process within ninety (90) days after the City Council instituted annexation proceedings; and WHEREAS, the City Council finds the proposed Service Plan for Annexed Area was available for review and inspection by citizens; and • Ci ty the Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECiION_I: The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. ,SECTION 2: The Property described as follows and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Prosper, to-wit: BEING a tract of land out of the Collin County School Land Survey, Abstract No. 147, and being described in Deed to Thomas E. Craig, filed October 31, 1942 and recorded in Volume 337, Page 395 of the Deed Records of Collin County, Texas vOLUNTARY ANNEXATION ORDINANCE CONTAINING 594.295 ACRES OF LAND,MORE OR LESS-Page 2 girl:lmbosA prnsperlaaner.nrd1120898 0 14 3 40 0270 containing 29,987 acres of land, more or less; said tract is more particularly • described in Exhibit "A" attached hereto and incorporated herein for all purposes. • BEING a tract of land out of the Collin County School Land Survey, Abstract No. 147, and being described in Deed to Thomas E. Craig, filed May 14, 1940 and recorded in Volume 323, Page 355 of the Deed Records of Collin County, Texas containing 81.112 acres of land, more or less; said tract is more particularly described in Exhibit "B" attached hereto and incorporated herein for all purposes. BEING a tract of land out of the Collin County School Land Survey, Abstract No. 147, and being described in Deed to Thomas E. Craig, filed October 14, 1937 and recorded in Volume 314, Page 342 of the Deed Records of Collin County, Texas containing 79.221 acres of land,more or less; said tract is more particularly described in Exhibit "C" attached hereto and incorporated herein for all purposes. BEING a tract of land out of the Collin County School Land Survey, Abstract No. 147, and being described in Deed to Kathryn H. Craig, filed November 4, 1933 and recorded in Volume 291, Page 491 of the Deed Records of Collin County, Texas containing 16.496 acres of land, more or less;said tract is more particularly described in Exhibit "D" attached hereto and incorporated herein for all purposes. BEING a tract of land out of the Collin County School Land Survey, Abstract No. 147, and being described in Deed to Kathryn H. Craig, filed November 4, 1933 and recorded in Volume 291, Page 491 of the Deed Records of Collin County, Texas containing S 125.926 acres of land, more or less; said tract is more particularly described in Exhibit "E" attached hereto and incorporated herein for all purposes. BEING a tract of land out of the Collin County School Land Survey, Abstract No. 147, and the Ben Renison Survey,Abstract No, 755, and being described in Deed to Lillie D. Heard, et al., tiled September 19, 1931 and recorded in Volume 284, Page 478 and in Deed to Thomas E. Craig, filed February 2, 1937 and recorded in Volume 311, Page 189 and in Deed to Kathryn H.Craig, filed April 19, 1935 and recorded in Volume 298, Page 617 of the Deed Records of Collin County, Texas containing 123.850 acres of land, more or less; said tract is more particularly described in Exhibit "F" attached hereto and incorporated herein for all purposes. BEING a tract of land out of the Collin County School Land Survey, Abstract No. 147, and the Ben Renison Survey,Abstract No. 7855, and being described in Deed to Lillie D. Heard, et al., filed September 19, 1931 and recorded in Volume 284, Page 478 and in Deed to Thomas B. Craig, filed February 2, 1937 and recorded in Volume 311, Page 189 of the Deed Records of Collin County,Texas containing 99.963 acres of land, more or less; said tract is more particularly described in Exhibit "0" attached hereto and incorporated herein for all purposes. BEING a tract of land out of the Ed Bradley Survey, Abstract No. 86, and being described in Deed to Lillie D. Heard, filed September 19, 1931 and recorded in Volume VOLUNTARY ANNEXATION ORDINANCE CONTAINING 594.295 ACRES OF LAND,MORE OR LESS-Page 3 lips A m bo x 4\p r a s p e rla n u e x.a r dl13U 898 0 14 3. 3 02705 • 284, Page 478 of the Deed Records of Collin County, Texas containing 10.068 acres of land,more or less; said tract is more particularly described in Exhibit "H" attached hereto and incorporated herein for all purposes. BEING a tract of land out of the Ed Bradley Survey, Abstract No. 86, and being described in Deed to Lillie D. Heard, filed September 19, 1931 and recorded in Volume 284, Page 478 of the Deed Records of Collin County, Texas containing 27.672 acres of land, more or less; said tract is more particularly described in Exhibit "I" attached hereto and incorporated herein for all purposes. • SECTION 3: The Service Plan for the Property is attached hereto as Exhibit"J" and made a part hereof for all purposes. SECTION 4: That from and after the passage of this Ordinance, the Property shall be a part of Prosper, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Prosper and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the City Charter and the laws of the State of Texas. SKTIO L5: That the official map and boundaries of Prosper are hereby amended to • include the Property as part of Prosper and that a certified copy of this Ordinance shall be filed in the County Clerk's office of Collin County, Texas, SRCTION 6: It shall be unlawful for any person, firm or corporation to make use of the Property in some manner other than as authorized by this Ordinance and Zoning Ordinance No, 84-16, and any amendments thereto;and it shall be unlawful for any person, firm or corporation to construct on the Property any building that is not in conformity with the permissible use under this Ordinance and Zoning Ordinance No. 84-16, and any amendments thereto. SECB (]ON 7: Any person,firm or corporation who violates any provision of this Ordinance and Zoning Ordinance No. 84-16, and any amendments thereto, shall be deemed guilty of a misdemeanor and upon conviction shall be fined a sum not exceeding Two Thousand and 00/100 Dollars ($2,000.00), and each and every day such violation continues shall be VOLUNTARY ANNEXATION ORDINANCE CONTAINING s94.29S ACRES OF LAND,MORE OR LESS-Page 4 14/1:Imbox4\prosper\annex•nrd112089s 0 3.4 3 0270 considered a separate offense; provided, however, such penal provision shall not preclude a suit to enjoin such violation. SECTI LR: Should any part or portion of this Ordinance, or the use created herein or under Zoning Ordinance No. 84-16, and any amendments thereto, be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions shall remain in lull force and effect. s]'r'10N 9: All ordinances in conflict with this Ordinance are repealed to the extent they are in conflict, and any remaining portions ot'the conflicting ordinance shall remain in full force and effect. SR__CTIQ __iQ: The caption of this Ordinance shall be published in accordance with the law and the City Charter of Prosper and shall be effective immediately upon its passage and publication. 111 PASSED AND APPROVED BY THE CITY COUNCIL OF THE TOWN OF PROSPER, TEXAS on this 8th day of _DEc_E 1998. STE N COF.F M.. A.YOR ATTESTED TO AND CORRECTLY RECORDED BY: APPROVED AS TO FORM: fyJ/J SHIRL EY CKION ABERNATHY, ROEDER, City Secretary BOYD & JOPLfN, P.C. RICHARD M. ABERNAI'UY City Attorneys • • DATE OF PURL!CATION;...12_l49$,intbry VOLUNTARY ANNEXATION ORDINANCE CONTAINING 594.295 ACRES OF LAND,MORE OR LESS-Page 5 b jilatnbox4\pt•osper'anucx.or d1I20898 011343 0 ? 707 AFTER RDOORD]ING, REICJ O: ZCJt OF anSPER P.O. BOX 307 PROSPER, TEXAS 75078 11 ANY PROVISION ItMEI WHO RESTRICTS 11.TE SALE,RENTAL,OR USE Of THE ()F$OMM REAL PROPERTY BECAUSE OF COLOR OR RACE IS IMAUD NO UNENFORCEABLE UNDER FEDERAL LAW (COUNTY OF COLLIN) (THE STATE OF TVA5) (► pYthe Y a L1L4 Imtunemt was FlLEO le tlro Re Not!SS Oftldai optime RREco of Real Prosody n County,a on � FEB Filed for Record in: COLLIN COUNTY, TX HONORABLE HELEN STARNES On 1999/02/01 At 3:56P Number: 99- 0012179 111/ Type : OR 19.00 ... 7 'Gti1J:::16:/•;1•' r•'i:J.1.• E •. -1,:1' • EXHIBIT "A" 1; ' TRACT 1 •. ! • ; .• All that certain tract or in the County School Land Survey, Numbere12,o Lot 119,� Abstract situated Number�147,1 County :of Collin,' State of Texas; said tract being described in Deed to Thomas E. Craig, filed 31 October 1942, and Recorded in Volume 337 Page 395 of the Deed Records of the County of.Collin, State of Texas, and being more fully. described as follows; . BEGINNING for the northeast corner of the tract being described_ ' herein at a set 3/4 inch Steel Rod, said rod being the northeast corner of said Craig tract, and 15 feet west of the west line of a • called 80 Acre tract as described in Deed to. Thomas E. Craig, filed 14 May 1940, and Recorded in Volume 323 Page 355 of said Deed .Records, said Rod also being on the south line of Coliin'County Road Number 4 (a gravel surfaced county road), said rod also being 20 feet south of the north line of said Lot 19, said; rod also being on the • west line of a called 30 foot wide road, also ; known. as Collin County Road Number 27 (a dirt surfaced county road); : . Thence: South 00 degrees 02 minutes 28 seconds West,' with the east line of said Craig tract, and the west line of said road number 27, a IIVdistance of 1298.30 feet - to a found 1 inch Steel•Pipe for the southeast corner of said Craig tract, and an ell corner 125.580 acre tract as described Lathe Second Tract in Deedllto Prosper Joint Venture, ..filed 26 March . 1993, at• 93-0021704 of said 0Deed Records; •' • . Thence: South 89. degrees 54 minutes 11 seconds West, with the south line of said Craig tract, and a line of said : Second'Tract, a distance of 1003.48 feet to a Wood Fence corner post for the southwest corner of said Craig tract, and an ell corner of said Second Tract, and on the west line of said Lot 19 and the east line of lot 20; 2,, • Thence: North .00 degrees 08 minutes 01 seconds West, with the west line of said Craig tract, and a east line of said Second tract, a • distance of 1300.00 feet to a set 3/4 inch Steel Rod for the northwest corner- of said Craig tract, and on the south line of said road number 4; . Thence: EAST, with the north line of said Craig tract, and the south line of said road, a distance of 1007.44 feet to the POINT OF BEGINNING and containing 29.987 Acres of land. .. p • I/ _ ;1:; ' i. TRACT 2 All t 1 _. hat certain tract or parcel of land situated in the Collin County School Land Survey, Number 12, Lot 19, Abstract Number 147, County of Collin, State of Texas; said tract being described in Deed to Thomas E. Craig, filed 14 May 1940, and Recorded in Volume.323 Page 355 of the Deed Records of the County of Collin, State of Texas, and being more fully described as follows; , BEGINNING' for the northeast corner of the tract being described herein at a set 3/4 inch Steel Rod, said rod being the northeast corner of said Craig tract, and the northwest corner of a called 127.861 Acre tract as described in Deed to Robert L. Reynolds, filed 15 April 1977, and Recorded in Volume 1046 Page Records,, said Rod also being in the center line of Collinof County Road Number 4 (a gravel surfaced county road), and the northeast corner of said Lot 19; Thence: South 00 degrees 46 minutes 00 seconds West, with the east line of said Craig tract, and the west line of said Reynolds and passing at 30.00 feet a set 3/4 inch Steel Rod on the southrside of said road, and continuing on, said course for a total distance of 2609.70 feet to a set 3/4 inch Steel Rod for the southeast corner of di said Craig tract, and the southwest corner of said Re act, and on the northReynolds line of a called 40 acre tract as described in Deedto Elmer L. Templin, filed 22 January 1980, and Recorded in Volume 0 1227 Page 172 of said Deed Records; Thence: North 89 degrees 53 minutes 15 seconds West, with the south line of said Craig tract, a distance of 1347.58 feet to a set 3/4 inch Steel Rod for the southwest corner of said Craig tract; Thence: North 00 degrees 35 minutes 53 seconds East, with the west line of said Craig tract, and in the center line of Collin County Road Number 27 (a dirt surfaced county .road), a distance of 1286.28 feet to a found 1/2 inch Steel Rebar for a corner; Thence: North 00 degrees 02 minutes 28 seconds East, with the west line of said Craig tract, and in the center line of Collin County Road Number 27, a distance of 1320.61 feet to a set 3/4 inch Steel Rod for the northwest corner of said Craig .tract, and in the center line of said road number 4; . P Thence: EAST, with the north line of said Craig tract, and the center line of said road, a distance of 1368.12 feet to the POINT OF BEGINNING and containing 81.112 Acres of land. • • 111/ TRACT 3 All that certain tract or parcel of land situated in the Collin County School Land Survey, Number 12, Lot 26, Abstract Number 147, County of Collin, State of. Texas; said tract being described in Deed to Thomas E. Craig, filed 14 October 1937, and Recorded in :Volume 314 Page 342 of the Deed Records of the County of Collin, State of Texas, and being more fully described as follows; • BEGINNING for the northwest corner of the tract being described herein at a set 3/4 inch Steel Rod, said rod being the northwest corner of said Craig tract, and the northeast corner of a called 40 Acre tract as described in Deed to Elmer L. Templin, filed 22 January 1980, and Recorded in Volume 1227 Page 172 of said Deed Records, said Rod also being on the south line of a called 127.861 Acre tract as described in Deed to Robert L. Reynolds, filed 15 April 1977, and Recorded in Volume 1046 Page 70 of said Deed Records, said rod also being the apparent northwest corner of lot 26, the southwest corner of lot 17, the southeast corner of lot 18 and the northeast corner of lot 25; Thence: South 89 degrees 27 minutes 11 seconds East, with the north IIP line of said Craig tract, and the south line of said Reynolds tract, a distance of 1291.86 feet to a set 3/4 inch St eel teal Rod for the northeast corner of said Craig tract, the southeast corner of said IIReynolds tract, and on the west line of a called 156.146 acre tract as described in Deed to Frederic Fischer, Trustee, filed 26 July 1972, and Recorded in Volume 830 Page 27 of said Deed Records; " Thence: South 00 degrees 10 minutes 56 seconds. East, with the east line of said Craig tract, and the west line of said Fischer .Tract, and passing at 2603.40 feet a set 3/4 inch Steel Rod on the north side of Collin County Road Number 3 (an . asphalt surfaced county road), and continuing on said course for a total distance of 2633.40 feet to a set 60D Spike Nail in the center line of said Road for the southeast corner of said Craig tract; Thence: North 89 degrees 49. minutes 37 seconds West, with the south line of said Craig tract, and the center line of said road, a distance of 1324.92 feet to a set 60D Spike Nail for the southwest -- corner of said Craig tract; . III Thence: North 00 degrees 32 minutes 11 seconds East, with the west line of said Craig tract, and part of way with the east line of a • called 40 Acre tract as described in the First tract in Deed to Lelia Joye Weems, filed 28 March 1991, and Recorded in Volume 3493 Page 308 of said Deed Records, and passing at 30.00 feet a set 3/4 inch Steel Rod on the north side of said roRd, and continuing on said course for a total distance of 2641.82 feet to the POINT OF BEGINNING and containing 79.221 Acres of land. • 111/ TRACT 4 All that certain tract or Cot School parcel of land situated in the Collin County of Co11in� vey,• State of Texasbesaidr , It'roactlbeAbstract Number 147, described in Deed to KathrynH. ra ing part of a tract as Recorded in Volume 291 Page 491cof i the .Deed Records of the Count and Collin, State of Texas, and being more fully described as tY of follows; BEGINNING for the northwest corner of the tract being described herein at a set 60D Spike Nail, said Nail being the northwest corner _ of said Craig tract, and the northeast corner of .a called 10.998 ac tract as described in Deed to Jerry Glen Hansel et ux re Sally Hansel, filed 15 May 1992, and filed in 92-0032392 of the$landd Records, said nail also being in the center line of Collin County Road Number 3 (an asphalt surfaced county road); Thence: South 89 degrees 49 minutes 37 seconds East, with the north line of said Craig tract, and the with the center line of said Road, a distance of 505.60 feet to a set 60D Spike Nail on the. west Right-of-Way line of the Burlington Northern Railroad line (formally known as Red River, Texas and Southern Railroad); Thence: South 11 degrees 54 minutes 49 seconds West line of said Railroad Right-of-Way line, with the west to a set 3/4 inch Steel Rod for a corner;. a distance of 1758:44 feet Thence: South 78 degrees 05 minutes 11 seconds East, a distance of 150.00 feet to a set 3/4 inch Steel Rod for a corner; Thence: South 11 degrees 54 minutes 49 seconds West, with the west . • line of said Railroad Right-of-Way line; a distance of 972.71 feet to a set 3/4 inch Steel Rod for a corner on the south line of said Craig tract; Thence: North 89 degrees 58 minutes 41 seconds West, with • line of said Craig tract, a distance of 69.35 feet. to asetthe 3/4sinch Steel- Rod for the southwest corner of said Craig tract; Thence: North 00 degrees 24 minutes 25 seconds West, with the west line of said Craig tract, a distance of 2704.85 feet to the POINT OF BEGINNING and containing 16.496 Acres of land. TRACT 5 1 All that certain tract or parcel County School Land :Survey, Number12,oLotf 3 land Abstract situatedin Numberthe �147lli,1 County of Collin, State of Texas; said tract being tract as described in Deed to -Kathryn H. Craig, filed 04 Novembert ofa1933, and Recorded in Volume 291 Page 491 of the Deed Records of the County of Collin, State of Texas, and being more fully described as follows;. BEGINNING for the northwest corner of the tract being described herein at a set 60D Spike Nail, said Nail being south 89 degrees 49 minutes 37 seconds east, a distance of 812.01 feet from the northwest corner of said Craig tract, and the northeast corner of a called 10.998 acre tract as described in Deed to Jerry Glen Hansel et ux, Sally Haggard Hansel, filed 15 May 1992, and filed in 92-0032392 of the land Records, said nail also being in the center line of Collin 'County Road Number 3 (an asphalt surfaced county road); . Thence: South 89 degrees 49 minutes 37 seconds East, with the north line of said Craig tract, and the with the center line of said Road, rV a distance of 352.22 feet to a set 60D Spike Nail for a corner; 1111 Thence: South 01 degrees 17 minutes 49 seconds West, and passing 21.47 feet a wood fence corner the line said and continuing on said course for astotaldistanceof 312.44 feet to 0 a found 1/2 inch Steel Rebar for the southwest corner of a tract as described in Deed to John Stine et ux, Beverly Stine, filed 30 May 1973, and Recorded in Volume 869 Page 83 of said Deed Records; Thence: South 89 degrees 37 minutes 24 seconds East, a distance of 160.10 feet to a found 1/2 inch Steel Rebar for the southeast corner of said Stine tract, and the southwest corner of a called 30 foot road; Thence: South 89 degrees 41 minutes 47 seconds East, a distance of 139.03 feet to a Wood Fence corner post for the southeast corner of a tract as described in Deed to Nancy J, Miller, filed 14 October 1989, and Recorded in Volume 3176 Page 903 of said Deed Records, said post also being the southwest corner of a called public street ; ; Thence: North 89 degrees 40 minutes 41 seconds East, a distance of 0 182.10 feet to a Wood Fence corner Post for the southeast corner of said Miller tract; Thence: North 00 degrees 09 minutes 32 seconds East, with the east line of said Miller tract, and passing at 281.59 feet a Hackberry Tree on the south line of said County Road Number 3 also known as First Street, and continuing on said course for a total distance of 311.69 feet to a set 60D Spike Nail for the northeast corner of said Miller tract; II Thence: South 89 degrees 49 minutes 37 seconds East, with the north line of said Craig tract, a distance of 377.25 feet to a set 60D Spike Nail for a corner; Thence: South 00 degrees 26 minutes 48 seconds West, a distance of 315.00 feet to a set 3/4 inch Steel Rod for the apparent southwest corner of a tract as described in Quit Claim Deed to Mrs. Jim H. III Shrader, filed 18 January 1971, and Recorded in Volume 774 Page 79 of said Deed Records; Thence: South 89 degrees 49 minutes 35 seconds East, a distance of 190.00 feet to a set 3/4 inch Steel Rod for the southeast corner of a called 40 foot public street; Thence: North 00 degrees 26 minutes 48 seconds East, with the ;east line of said street, a distance of 104.00 feet to a set 3/4 inch Steel Rod for the southwest corner of a tract as described in Deed to First Presbyterian Church, filed 26 January 1981, and Recorded in Volume 1470 Page 102 of said Deed Records; Thence: South 89 degrees 49 minutes 37 seconds East, a distance of 455.60 feet to a set 60D Spike Nail in the center line of Business Highway Number 289, said nail being on the east line of said Craig tract; Thence: South 00 degrees 20 minutes 17 seconds West, with the east line of said Craig tract, and with the center line of said highway, a distance of 2486.79 feet to a set 60D Spike Nail for the southeast corner of said Craig tract, and the northeast corner of a tract as 1111 described in Deed to charles Allen Angel, Jr. , filed 26 April 1966, and Recorded in Volume 672 Page 395 of said Deed Records; 0 Thence: North 89 degrees 58 minutes 41 seconds West, with the apparent south line of said Craig tract, and the north line of said Angel tract, and passing at 29.40 feet a Bois-D-Arc fence post on the west line of said highway, and continuing on said course for a total distance of 2455.02 feet to a set 3/4 inch Steel Rod on the east Right-of-Way line of the Burlington Northern Railroad line (formally "known as Red River, Texas and Southern Railroad); Thence: North 11 degrees 54 minutes 49 seconds East, with the east line of said Railroad Right-of-Way line, a distance of 951.65 feet to a set 3/4 inch Steel Rod for a corner; Thence: South 78 degrees 05 minutes 11 seconds East, a distance of 50.00 feet to a set 3/4 inch Steel Rod for a corner; Thence: North 11 degrees 54 minutes 49 seconds East, with the east line of said Railroad Right-of-Way line, a distance of 1820.78 feet III to the POINT OF BEGINNING and containing 125.926 Acres of land. TRACT 6 . I All • that certain tract or parcel of land situated in the Collin County School Land Survey, Number 12, Lot 30, Abstract Number 147 and the Ben Renison Survey, Abstract Number 755, County of Collin, State of Texas; said tract being part of a called 52 13/16 acre tract as described in the Second tract, and part of a called 138. 10 acre tract as described in the Third Tract in Deed to Lillie D. Heard et al, filed 19 September 1931, and recorded in Volume 284 Page 478, and part of a tract as described in Deed to Thomas E. Craig, filed 02 February 1937 , and Recorded in Volume 311 Page 189 and part of a called 3. 85 acre tract as described in Deed to Kathryn H. Craig, filed 19 April 1935, and Recorded in Volume 298 page 617 of the Deed Records of the County of Collin, State of Texas, and being more fully described as follows: BEGINNING on the north line of said Third tract at a found1/2 inch Rebar, said Reber being the northwest corner of called 2.,876 Acre tract as described in Deed to the First Baptist Church, filed 07 June 1984, and Recorded in Volume 1909 Page 675 of said Deed Records, said Rebar also being on the south line of a called 1 .Acre tract as conveyed to Ernest Mahard Jr. ; Thence: South 00 degrees 25 minutes 54 seconds East, with the west line of said Church tract, a distance of 673.80 feet Co a found 1/2 inch Reber for the ili southwest corner of said First Baptist Church tract;Thence: South 76 degrees 17 minutes 55 seconds East, with the south line of . said First Baptist. Church tract, a distance of .185.76 feet to a found 1/2 inch Reber, said Reber being the southeast corner of.'said Church Tract, and the southwest corner of a called 5.613 Acre tract as described in Deed to the First Baptist Church, filed 31 August 1983, and Recorded in Volume 1725, Page 830 of said Deed Records; Thence: South 76 degrees 19 minutes 52 seconds East, with the south line of said Church tract (1725/830) , a distance of 321. 53 feet to a found 1/2 Reber by a Wood .Fence Corner Post, said rebar being the southeast corner of said Church tract, and the southwest corner of a called 20.000 Acre tract as described in Deed to Prosper Independent School District, filed 29 August 1983, and Recorded in Volume 1723 Page 868 of said Deed Records; • Thence: South 88 degrees 34 minutes 52 seconds ' East, with the south line of said School District tract, a distance of 1050.04 feet to a set 3/4 inch Steel Rod on the Right-of-way line of U.S. Highway Number 289, a called 12. 2 .Acre . tract as described in Deed to The State of Texas, filed 21 November 1963 , and Recorded in Volume 626 Page 564 of said Decd Records, said rod also being the • southeast corner of said School tract; 1/0 Thence: With the northwest right-of-way line of said U.S. Highway Number 289, , the following fourteen calls: 1_ South 06 degrees 06 minutes 41 seconds West, a distance of 337 .76 feet; 2. South 34 degrees 10 minutes 41 seconds West, a distance of 279.78 feet; 3. South 35 degrees 35 minutes 54 seconds West, a distance of 600.08 feet; . II 4. South 34 degrees 13 minutes 06 seconds West, a distance of 400.63 feet• 5. South 35 degrees 31 minutes 51 seconds West, a distance of 398.44 feet; 6. South 33 degrees 55 minutes 29 seconds West, a distance of 303.37 feet; 7. south 31 degrees 03 minutes 00 seconds West, a distance of 599.72 feet; 8. South 35 degrees 58 minutes 19 seconds West, a distance of 300. 15 feet; 9. South 34. degrees 19 minutes 26 seconds West, it .distanee of 199.33 fest; 10. South 37 degrees 40 minutes 00 seconds West, a distance of 401 .42 feet; IL. South 49 degroes 50 minutes 05 seco_nds West, a distance of. 420:77 .feet: 12. North 58 degrees 39 minutes 16 seconds West, a distance of 30.00 feet; • 13. North 15 degrees 10 minutes 16 seconds West, a distance of 94.91 feet; 14. North 89 degrees 36 minutes 27 seconds West, a distance of 30.25 feet to a set 60D Spike. Nail in the center line of old Business Highway Number 289, and the west line of said Craig tract (311/189) ; Thence: North 00 degrees 22 minutes 47 seconds East, with the center line of Business Highway Number 289, and the west line of said Craig property, a distance of 1832.88 feet to a set 60D Spike Nail, said Nail being the northeast corner of .a. tract as described in Deed to Charles Allen Angel, Jr. , filed 26 • April 1966, and Recorded in Volume 672 Page 395 of said Deed Records; Thence; North 00 degrees 20 minutes 17 seconds East, with the center line of Business Highway Number 289, a distance of 1958. 19 fe et C to a set 60D Spike Nail for a corner; • Thence: South 89 degrees 39 minutes 38 seconds East, passing at 29.21 feet a found 1/2 inch Rebar being the southwest corner of a tract as described in Deed to David James, filed 06 Match 1976. and Recorded in Volume 990 Page 580 of said Deed Records, and continuing on said course for a total distance of 291.20 ' . feet to a Pipe Fence.Corner Post, said Post also being the southeast corner of a called 0.194 Acre tract as described in Deed to David W. James et ux,' Phyllis James, filed 15 April 1961, and Recorded in Volume 1372 Page 804 of said Deed Records; Thence: North 03 degrees 55 minutes 35 seconds East, with the east line of said James tract, a distance of 83.61 feet to a set 3/4 inch SEeel Rod for a corner; Thence: North 88 degrees 54 minutes 07 seconds West, a distance of 15. 15 to a found 1/2 Reber for the southeast corner of a 3/4 Acre tract as described in the Land Records to Ethel R. Sterling, filed 17 March 1992, and recorded in 92-0016538 of said Land Records; 110 Thence: North 01 degree 55 minutes 33 seconds West, with the east line. of said Sterling tract part of the way, a distance of 126.12 to a found 1/2 inch Reber , for the northeast corner of a called 0.38 Acre tract as described in Deed to Bryant T. Black, filed 10 November 1993 , and Recorded in 93-0098231 of said Land Records; Thence: North 88 degrees 56 minutes 03 seconds West, with the north line of • said Black tract, and passing a Car Axle at a distance of 246.45 feet on the east line of said Business Highway 289. and continuing on said course for a • total distance of 276. 32 feet to a set 60D Spike Nail for a corner; • • 110 Thence: North 00 degrees 20 minutes 17 seconds East, with the center line of Business highway- Number 289, a distance of 137.17 feet to a sec 60D Spike Nail for a corner; • Thence: Souch 89 degrees 21 minutes 41 seconds East, and passing a Wood Fence Corner Post at. a distance of 33:51 feet for the southwest-corner of a called 1 Acre trace as described in Deed co Larry H. Phariss et ux', Gloria J. Phariss, filed 10 May 1991, and Recorded in 93-0035246 of said Land Records; and continuing on said course for a total distance of. 257 .33 feet to a Wood Fence Corner Posc 'for the southeast corner' of said Phariss tract; Thence:. North .02 degrees 51 minutes 02 seconds East, with the east line of said Phariss tract, a distance of 72,22 feet' to a Pipe Fence Corner Post; • Thence: North 89 degrees 28 minutes 57 seconds Easc, a distance of 221.02 feet to a Wood Fence Corner Post; Thence: South 89 degrees 57 minutes 04 seconds East, a distance of 333.91 feet to the POINT OF BEGINNING and containing 123.850 Acres of land. • • • • • • • • • • TRACT 7 • All chat certain tract or parcel of land situated in the Collin County School ' Land Survey, Number 12 , Lot 30, Abstract Number 147 and the Ben Renison Survey, Abstract Number 7855, County of Collin, State of Texas ; said tract being parr of a called 138. 10 acre tract as described in the Third Tract in Deed to Lillie • 0. . Heard et al, filed 19 September 1931, and Recorded in Volume 284 Page 478, and part of a tract .as described in Deed to Thomas E. Craig, filed 02 February 1937, and Recorded in Volume 311, Page 189 of the Deed accords of the County of Collin, State of Texas, and being more fully described as follows: BEGINNING for the southeast corner of the tract being described herein at a found 1/2 inch Rebar, said Rebar being the southeast Remainder corner of said Craig tract (311/189) , and the southwest remainder corner of a called 41. 166 Acre tract as described in Deed to Carl Tung, filed 19 November 1980, and Recorded in volume ' l324 Page 351 of said Deed Records , said Reber also being on the north Right-of-Way line of U.S. Highway Number 380 as described in Deed to The State of Texas, filed 20 December 1990, and Recorded in Volume 3412 Page 385 of said Deed Records, said rebar. also being in Collin County. Road Number 73 (a gravel surfaced county road) ; Thence: With. the north right-of-way line of said U.S, Highway Number 380, the following 5 (five) calls: 1. South 47 degrees 20 minutes 30 seconds West, a distance of 111 . 30 feet ; 2 . South 87 degrees 11 minutes 01 second West, a distance of 219.00 feet; IIIP •►. South 89 degrees .43 minutes 1.2 seconds West; a distance of 200.02 feet; 4 . South 84. degrees 04 minutes 09 seconds West, a distance of 100.53 feet; 5. South 89 degrees 44 minutes 14 seconds West, a distance of 1576.19 feet to a found 1/2 inch Steel Reber for a corner; Thence: With the east right-of-way line of U,S. Highway Number .289, the ' following 13 calls: • •1. North 44 degrees 36 minutes 25 seconds West, a distance of 49.94 feet; ,2. North 01 degree 08 minutes 02 seconds West, a distance of 88.00 feet; 3. North 23 degrees 32 minutes 01 second East, a distance of 580.42 feet; 4. North 29 degrees 54 minutes 01 second East, a distance' of 603.42 feet; . IMO 5. North 34 degrees 09 minutes 18 seconds East, a distance of 198.25 feet; 6. North 38 degrees 55 minutes 52 seconds East, a distance of 602.86 feet; 7. North. 36 degrees 22 minutes 45 seconds East, a distance of. 303.30 feet; . 8. North 30 degrees 10 minutes 43 seconds East, a distance of 699.04 feet; 0 9. North 33 degrees 04 minutes 06 seconds ec nds East, a distance of 399.81 feet; 10. North 34 degrees 08 minutes 38 seconds East, a distance of 570.09 feet; a ll.. South 55 degrees 48 minutes 51 seconds East, a distance of 94.39 feet; 12 . South 09 degrees 05 minutes 51 seconds East, a distance of 3044 ,25 feet; 13. South 89 degrees 36 minutes 20 seconds East, a distance of 17.91 feet to a set 3/4 inch Steel Rod in the center line of said county road Number 73, and on the east line of said Third Tract. •,and on the vest line of a called 875.818 acre tract as described in Deed to Opubco Properties Inc. filed 19 April 1983, and Recorded in Volume 1639 Page 454 of said Deed Records; Thence; South 00 degrees 25 minutes 52 seconds West, with the east line of said Heard and Craig tracts, and in said county road Number 73, a distance of 3008.89 .feetto the POINT OF BEGINNING and containing 99, 96.3 Acres of land, O • I TRACT 8 111 All that certain trncc or parcel of land situated in the Ed Bradley Survey Abstract Number 86, County of Collin, State of Texas; said tract being part of a called 47 acre tract as described in the First tract in Deed to Lillie D Heard, filed 19 September 1931, and Recorded in Volume 284 Page 478 of the Deed Records of the County of Collin, State of Texas, and being more fully described as follows: BEGINNING for the northwest corner of the tract being described herein as a found Spike Wail, said Nail being the northwest corner of said Heard First tract, the southeast corner of Collin County School Land Lot 29, the southwest corner of Lot 28, and the northeast corner of Lot 30 of the Collin County School Land Survey Number 12 Abstract Number 147 , said Spike Nail also being at the center line intersection of First Street and Craig Street; Thence: South 89 degrees 57 minutes 36 seconds East, with the north line of snid Heard tract, and the center line of said First Street, a distance of 380.61 feet to a set GOD Spike Nail in the west Right-of-Way line of U.S. Highway Number 289 as described in Deed to The State of Texas , filed 21 .November 1963, and Recorded in Volume G2G Page 56/, of said Deed Records, and the southeast remainder corner of a tract as described to W.D. Terrell et ux, Alma Lusk Terrell, filed 03 November 1965, and Recorded in Volume 663 Page 551 of said Deed Records; 111 Thence: With the west right-of-way line of said U.S. Highway Number 289, the following ten calls: 1. South 00 degrees 02 minutes 24 seconds West, a distance of 19.48 feet; IIIP 2. South 78 degrees 20 minutes 45 seconds East, a distance of 238 .94 feet; 3. South 24 degrees 31 minutes 45 seconds East, a distance of 60,43 feet; 4 . South 27 degrees 26 minutes 16 seconds West, a distance of 427.03 feet; 5. South 24 degrees 47 minutes 15 seconds West, a distance of 492.40 .feet: 6. South 33 degrees 47 minutes 15 seconds West, a distance of 199 . 32 feet; 7 . North 56 degrees 33 minutes 20 seconds West, a distance of 96_ 61 Eeec; 8. North 00 degrees 24 minutes 19 seconds West, a distance of 205 . 74 feet; 9. North 16 degrees 22 minutes 19 seconds West, a distance of 104.40 feet; 110 10, North 89 degrees 40 mi;riuces 19 seconds West, a distance of 19. 83 feet to a set Rnilroad .Spike in the center line of said South Craig Street, and the west' line of said First tract: Thence: North 00 degrees 25 minutes 52 seconds East, with the center line of South Craig Street, and with the west line of said First tract, and the east line of a called 20.000 acre tract as described in Deed to The Prosper Independent School District, filed 29 August 1983 , and recorded In Volume 1 /23 Page. 868 of said Deed Records, a distance of 755.43 feet to the POINT OF BEGINNING and containing 10.068 Acres of land. • TRACT 9 • 111/ All that certain tract or parcel of land situated in the Ed Bradley Survey Abstract Number 86, County of Collin, State of Texas; said tract being part of a called 47 acre tract as described in the First tract in Deed to Lillie D. Heard, filed 19 September 1931, and Recorded in Vo.lume •284 Page 478 of the Deed Records of the County of Collin, State of Texas, and being more fully described as follows: BEGINNING for the northeast corner of the tract being described herein at a set 3/4 inch Steel Rod, said Rod being the northeast corner of said First tract, and the northwest corner of a called 875.818 Acre tract as described in Deed to Opubco Properties, Inc. , filed 19 April 1983, and Recorded in Volume 1639 Page 4454 of said Deed Records, said Rod also being in the center line of Collin County Road Number 78 (an asphalt surfaced county road) ; Thence: South 00 degrees, 31 minutes 03 seconds East, with the east line of said First tract, and passing at 21. 10 feet a wood fence corner post on the south • Line of said road, and continuing on said course for a total distance of 15446.40 feet to a Wood Fence corner post for the southeast corner of said First tract, and an ell corner of said 875.818 acre tract; Thence; South 89 degrees 54" minutes 01 second West, with the south line of said First tract, a distance of 1280.88 feet co a set 3/4 inch Rod on the east Right-of-Way line of U. S . highway Number 289, as described in Deed to The State of Texas, filed 21 November 1963, and Recorded in Volume 626 Page 564 of said Deed Records; Thence: With the east right-of-way lino of said •U.S. Highway igt ay Number 289 the following Six calls; • 1. North 33 degrees 48 minutes 55 seconds East, a distance of 1030.93 feet; 2. North 26 degrees 28 minutes 50 seconds East, a distance of 203.98 feet; 3. North 22 degrees 02 minutes 50 seconds East, a distance of 407 .09 feet; 4 . North 4.9 degrees 53 minutes 45 seconds East, a distance of 89. 1G feet; 5 . North 77 degrees 59 minutes 15 seconds East, a distance of 278. 14 feet; 6. North 0D degrees 02 minutes 24 seconds East, a distance of 16.88 feet to a • set 3/4 inch Steel Rod on the north line of said First tract, and the center' line of said County Road 78; 110 Thence: South 89 degrees 57 minutes 36 seconds East, with the north line of said First tract, and the center line of said road, a distance of 109.15 feet' to the POINT OF BEGINNING and containing 27.672 Acres of land. I • ....alli.... -'-..1 0 • . 0 • . ... JI,..J . 1 • _.,„_..., - .--.-• ----_..- / --. •.. . .... 1/ t: \--,1 -, ....... - ....., ,, -, k. ,r „..- l• ...::_:.."•-• \ \(' ( I t I .... ..--,.... „...:....,- „.....--. . \ ...... law..1 hi/ I I \ ,--\ WWI ---- N \ . ...\......., ,..,...\ i 't, \ / .... V ...--. • '• \ ' • -.) N \ \\ \ N TRAT 2 .„--- -- • , ' / I . PM,. . / ) V\ / r,..........-.., ....,,,,, ----.., _ _ ---..4, / ( I ..• 1 1 . L __ j .„..„.: -,.... ,...• \r\ Ir / / , \ ',.. I ..f.. 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II. a s. _ , . roomy ..o.T.I ( /Al pocui s I i \ \ FOR\ / / '1 1 4. / \ • \ / / I, \ 11 \Pant i E)S.1/421 • / \ \ mui.wrarRT .„,fr•NN \ \ \ I PROSPER.TEXAS , •-• I• 1" /./ > -eMilE4 " / 1 . . .4.=-.. \ / ( ii. • .i; i .--------1 . \ .../ 'N • ' '''" ' • s DAM EL GRIST B.RwEY, *Mt PO. 226 N ...... -1 1 . . mire ccreat f rannot i \ I , ' 1Ricr 7\(... , ( \\ /K.,- -1 \ \ I 001191.ILIA STIR Let. sum no c . \- ' \ . 1041CiL C I ) NICK'II ik,-, :' , ; •-•,,.4. \, „„ , f••• ••••••, cows. Ts 79010 / V , 7' 7:1' I $ / ‘ ..'..k- ...$;_, I NM MIT Mai . I \ \ L / 7 .) .• ,, ,.. talininagIN6 im Ion Carlistellereses i j))7:,,' \ li i \k \I L OIL-„ „ ) / 1 I \ / .... i --_ ......., • II ....... •••-- ...„ rs ALL ...‘AGES ARE+1399099ta TE / )--. L -7"---c\) __ ...___ .......... .... . ,.. 7.. 1 - -.,:••-: ,-------•—,•..., ' ---\- i ,, \ \ , / s,— _ \ fi 4 \ , \ .... • ____ ... ...• / ...... irridg5.767 . • • • EXHIBIT "A" • ' C"TRACT:1 ' ' ' • i,! All that certain tract. __or__par_cel__ of___land ,situated __intheC.Collin _ Co y :School Land Survey,_ Number-12-,--Lot-19, -Abstract- - __ Number 147,Couny'of-Collin,--State_of_eTexas said ' tract being described in Deed to Thomas E. Craig, filed 31 October 1942, and'. Recorded in Volume 337 Page 395 of the Deed Records of .the County of:Collin, State of Texas,and being more fully described as follows; • • BEGINNING for the northeast corner of 'the tract being described • herein at a set 3/4 inch Steel Rod, said rod. being the northeast corner of said Craig tract, and 15 feet west of the west line of a • called 80 Acre tract as described in Deed to.. Thomas E. 'Craig, filed 14 May 1940, and Recorded,- in' Volume 323 'Page 355 of said Deed .Records, said Rod also being on the south line of Collin'County Road Number 4 (a gravel surfaced county road), said rod also being 20 feet south of the north line of said Lot 19, said; rod also being on the "west line of a called 30 foot wide road, also ; known. as Collin County ' ;Road Number 27 (a _dirt surfaced county road); • ' Thence: South 00 degrees 02 minutes 28 seconds West, with the east line of said Craig tract, and the west line of said road number 27, a distance of 1298.30 feet to a found 1 inch Steel Pipe for the southeast corner of said Craig tract, and an ell corner of a _called 125.580 ..acre tract as described in the Second' -Tract . `in Deed .to Prosper Joint Venture, ..filed - 26 March . 1993, at 93-0021704-of said• Deed Records; • Thence: South 89 degrees 54 minutes 11 seconds West, with the south line of said Craig tract, and` a line of said : Second Tract, a distance of . 1003.48 feet to a Wood Fence corner post for the southwest corner of said Craig tract, and an ell corner of said Second Tract, and on the west line of said Lot 19 and the east line of lot 20;. ;, , i Thence: , North 00 degree's 08 minutes 01 seconds West, with the west line of said Craig tract, and a east line'of said Second ' tract, a distance ' of 1300.00 feet to a set 3/4 inch Steel Rod for the northwest corner"of said Craig tract, and on the south line of said road number 4; • • Thence: EAST, with the north line of said Craig tract, and the south - ''line of said road, a distance of 1007.44 feet .to the POINT OF • BEGINNING and containing 29.987 Acres of land. .. . L, i~ y i1." �j 111 • i: . � a , -JIRACT21' All that certain tract or parcel of land situated in the Do1-1n County--School Land Survey;_,Number_12,_ Lot 19,_-Abstract_ Number_ 147 • \County_offCollin; State ofTexas, said tract being described in' Deed to Thomas E. Craig,LL filed 14 May 1940, and Recorded 'in Volume .323 Page,355 of the Deed Records of the County of Collin, State of Texas, and being more fully described as follows; BEGINNING for the northeast corner of the tract being described .herein at a set 3/4 inch Steel Rod, said rod being the northeast corner of said Craig tract, and the northwest corner of a called ' 127.861 Acre tract as described in Deed to Robert L. Reynolds, filed 15 April 1977, and Recorded in Volume 1046 Page 70 of said Deed Records, said Rod also being in the center line of Collin County Road Number 4 (a gravel surfaced county road), and the northeast corner of . said. Lot 19; Thence: ..South 00 degrees 46 minutes 00 seconds West; with the east • line of said Craig tract, and the west line of said Reynolds and passing-at 30.00 feet a set 3/4 inch Steel Rod on thesouthract side of said road, and continuing on ,said course fora total distance of : 2609.70 feet to a set 3/4 inch Steel Rod for the southeast corner of .said Craig tract, and the southwest corner of said- Reynolds tract, and on the north line of a called 40 acre tract as described in Deed . to Elmer L. Templin, filed 22 January 1980, and Recorded in Volume 1227 Page 172 of said Deed Records; Thence: North 89 degrees 53 minutes 15 seconds West, with the south line of said Craig tract., a distance of 1347.58 feet to a set 3/4 inch'Steel Rod .for the southwest corner of said Craig tract; Thence: North 00 degrees 35 minutes 53 seconds East, with the west line of said Craig tract, and in the center line of Collin County Road Number 27 (a dirt surfaced county road), a distance of" 1286.28• feet to a found 1/2 ,inch Steel. Rebar for a corner; Thence: North 00 . degrees 02 minutes 28 seconds East, with the west • line of said Craig tract, and in_ the center line of Collin County - Road Number 27, a distance of 1320.61. feet to a set 3/4 inch Steel Rod for the northwest corner of said Craig .tract, and in the center line of. said road number 4; . Thence: EAST, with the north line of said Craig tract, and -the center line of said .road, a distance of 1368.12 feet to the POINT OF BEGINNING .and containing 81.112 Acres of land. `-TRACT-3- thatcertain All" . tract or parcel of land situated in the Collin, County School Land Survey,_ Number 12;;Lot 26, -Abstract: Number__ 147. County 'of Collin;"'State of_Texas;--said tract being described in Deed to Thomas E. Craig, filed 14 October 1937,. and Recorded in :Volume 314 Page 342 of the Deed Records of the County of Collin, State of Texas, and being more fully described as follows; BEGINNING for the northwest corner of the tract being described herein at a set 3/4 inch Steel Rod, said rod being the northwest corner of said Craig tract, and the northeast corner of a called 40 Acre tract as described in Deed. to Elmer L. Templin, filed 22 January 1980, and Recorded in Volume 1227 Page 172 of said Deed Records, said Rod also being on the south line of a called 127.861Acre tract as described in Deed to Robert. L. Reynolds, filed 15 April . 1977, and Recorded in Volume 1046 Page 70 of said Deed Records, said rod also being the apparent northwest corner of lot 26, the southwest corner of lot 17, the southeast corner of lot 18 and the northeast corner of lot 25; Thence: South 89 degrees 27 minutes 11 seconds East, with the north line of, said Craig tract, and the south line of said Reynolds tract, a distance of 1291.86 feet to a set 3/4 inch Steel Rod, for the northeast corner of said Craig tract, the southeast corner of said Reynolds tract, and on the west line of a called 156.146 acre tract as described in Deed to Frederic Fischer, Trustee, filed 26 July 1972, and Recorded in Volume 830 Page 27 of said Deed Records; Thence: South 00 degrees 10 minutes 56 seconds East, with the east line of .said Craig tract, and the west line of said Fischer •Tract, and passing at 2603.40 feet a set 3/4 inch Steel Rod on the north side of Collin County Road Number 3 (an asphalt surfaced county road), and continuing on said course for a total distance of 2633.40 feet to a set 60D Spike Nail in the center line of said Road for the. southeast corner of said Craig tract; Thence: North 89 degrees 49. minutes 37 seconds West, with the south line of said Craig tract, and the center line of said road, a distance of 1324.92 feet to a set 60D Spike Nail for the southwest - corner of said Craig tract; Thence: North 00 degrees 32 minutes 11 seconds East, with the west line of said Craig tract and part of way with the east line of a called 40 Acre tract as described in the First tract in Deed to Lelia Joye Weems, filed 28 March 1991, and Recorded in Volume 3493 Page 308" of said Deed Records, and passing at 30.00 feet"-a set 3/4 inch Steel Rod on the north side of Raid road, and continuing on said course for a total distance of 2641.82 feet to the POINT. OF BEGINNING and containing 79.221 Acres of land. TRACT A AllAll that certain _ tract . or- ''School : parcel ~of land. situated in the 1 _ j jr, Co lin Land Survey, Number 12, Lot 31, Abstract _Number 147;' • rCouny o tf _Collin, State of� Texas said tract being part of a tr__ _ described in Deed to Kathryn H. Craig, vember 1933,act a8 Recorded in Volume 291 Page 491 of the DeedyRecordsNoof the County of and Collin, State of Texas, and being more fully described as follows; BEGINNING for the northwest corner of the tract being described herein at a set 60D Spike Nail, said Nail being the northwest cbrner of said Craig tract, and the northeast corner of a called 10.998 acre tract as described in Deed to Jerry Glen Hansel et ux, Sally Haggard Hansel, filed 15 May 1992, and filed in 92-0032392 of the land Records, said nail also being in the center line of Collin Count Road Number 3 (an asphalt surfaced county road); y Thence: South 89 degrees 49 minutes 37 seconds East, with the line of said Craig tract, and the with the center line of said Road, a distance of 505.60 feet to a set 60D Spike Nail on the west Right-of-Way line of the Burlington Northern Railroad line (formally known as Red River, Texas and Southern Railroad); Thence: South 11 degrees54minutes 49 seconds West, with the west line of said Railroad Right-of-Way- line, a distance of 1758.44 feet to a set 3/4 inch Steel Rod for a corner; Thence: South 78 degrees 05 minutes 11 seconds East, a distance of 150.00 feet to a set 3/4 inch Steel Rod for a corner; Thence: South 11 degrees 54 minutes 49 seconds West, with the west . line of said Railroad Right-of-Way line, a distance of 972.71 feet to a set 3/4 inch Steel Rod for a corner on the south line of tract; said Craig Thence: North 89 degrees 58 minutes 41 seconds West, with the south • line of said Craig tract, a distance of 69.35 feet to a set 3/4 inch Steel- Rod for the southwest corner of said Craig tract; Thence: North 00 degrees 24 minutes 25 seconds West, with the west line of said Craig tract, a distance of 2704.85 feet to the POINT OF BEGINNING and containing 16.496 Acres of land. t 1. 4.1': }.:i,,,,__,__ • • TRACT:Z.__ All l that certain tract or parcel of land situated in the;.Coll n` rCounty 1;QSchool Land 'Surve Number"12 Lot_3^ Abstract Ncimbere.17,J' -County of Colli►n, State of :Texae said tract being part of a tract as described in7Deed-to Kathryn H. Craig, filed 04' November 1933, and Recorded in. Volume 291 Page- 491 of the Deed Records of the County. of Collin, State of Texas, and being more fully described as follows; BEGINNING for the northwest corner of the ' tract being described herein at a set 60D Spike Nail, said Nail being' south 89 degrees 49 minutes 37 seconds east, a distance of 812.01 feet from the northwest corner of said Craig tract, and the northeast corner of a called 10.998 acre tract as described in Deed to Jerry . Glen Hansel et ux, . Sally Haggard Hansel,- filed 15 May 1992, and filed in 92-0032392 of the land Records, said nail also being in the 'center line of Collin 'County Road Number 3 (an asphalt surfaced county road); Thence: South 89 degrees 49 minutes 37 seconds East, with the north line of said Craig tract, and the with the center line of said Road, a distance of 352.22 feet to a set 60D Spike Nail for a corner; - Thence: South 01 ' degrees 17 minutes 49 seconds West, and passing at 21.47 feet a wood fence corner post on the south line of said Road, and continuing on said course. for a total distance of 312.44 feet to a found 1/2 inch Steel Reber for the southwest corner of a tract as • described in Deed to John Stine et ux, Beverly Stine, filed 30 May 1973, and Recorded in Volume 869 Page 83 of said Deed Records; Thence: South 89 degrees 37 minutes 24 seconds East, a distance of. 160.10 feet to a found 1/2 inch Steel Rebar for the southeast corner of said Stine tract, and the southwest corner of a called 30 foot road; • • Thence: South 89 degrees 41 minutes 47 seconds.East, a distance of 139.03 feet to a Wood :Fence corner post for the southeast corner of a tract as described in Deed to Nancy J, Miller, filed 14 October 1989, and Recorded in Volume 3176 Page 903 of said Deed Records, said post also being the southwest corner.of a called public street • Thence: North 89 degrees 40 minutes 41 seconds East, - a'distance of 182.10 feet to. a Wood Fence corner Post for the southeast corner of said Miller tract; Thence: North 00 degrees 09 minutes 32 ' seconds East, with the east line of said Miller tract, and passing at 281.59 feet a Hackberry Tree on the south line of said County Road Number 3 also known as First Street, and continuing on said course for a total distance of 311.69 feet to a set 60D Spike Nail for the northeast corner of said Miller tract; Thence: South 89 degrees 49 minutes 37 seconds East, with the north line of said Craig tract, a distance of 377.25 feet to a set 60D . . Spike 'Nail for a corner; 1\� - I 1 Thence: South 00 degrees 26 minutes 48 seconds West, a distance of 315.00 feet to a set 3/4 inch Steel Rod for the apparent southwest corner of a tract as described in Quit Claim Deed to Mrs. Jim H. Shrader, filed 18 January 1971, and Recorded in Volume 774- Page 79 of said Deed Records; Thence: South 89 degrees 49 minutes 35 seconds East, a distance of 190.00 feet to 'a set 3/4 inch Steel Rod for the southeast corner of a called 40 foot public street; Thence: North 00 degrees 26 minutes 48 seconds East, with the east line of said street, a distance of 104.00 feet to a set 3/4 inch Steel Rod for the southwest corner of a tract as described in Deed to First Presbyterian Church, filed 26 January 1981, and Recorded in Volume 1470 Page 102 of said Deed Records; Thence: South 89 degrees 49 minutes 37 seconds East, a distance of 455.60 feet to a set 60D Spike Nail in the center line of Business Highway Number 289, said nail being on the east line of said Craig tract; Thence: South 00 degrees 20 minutes 17 seconds West, with the east line of said Craig tract, and with the center line of said highway, a distance of 2486.79 feet to a set 60D Spike Nail for the southeast corner of said Craig tract, and the northeast corner of a tract as described in Deed to charles Allen Angel, Jr. , filed 26 April 1966, and Recorded in Volume 672 Page 395 of said Deed Records; Thence: North 89 degrees 58 minutes 41 seconds West, with the apparent south line of said Craig tract, and the north line of said Angel tract, and passing at 29.40 feet a Bois-D-Arc fence post on the west line of said highway, and continuing on said course for a total distance of 2455.02 feet to a set 3/4 inch •Steel- Rod on the east Right-of-Way line of the Burlington Northern Railroad line (formally 'known as Red River, Texas and Southern Railroad); Thence: North 11 degrees 54 minutes 49 seconds East, with the east line of said Railroad Right-of-Way line, a distance of 951.65 feet to a set 3/4 inch Steel Rod for a corner; Thence: South 78 degrees 05 minutes 11 seconds East, a distance of 50.00 feet to a set 3/4 inch-Steel Rod for a corner; Thence: North 11 degrees 54 minutes 49 seconds East, with the east line of said Railroad Right-of-Way line, a distance of 1820.78 feet to the POINT OF BEGINNING and containing 125.926 Acres of land. • ,TRACT 6__• All that certain tractor parcel- of land _situated in the �tiiilin County Scho] Land Survey, NumbeirFl2-,- 'Lot 30;- Abstract .Number`147 Viand the Ben. Reni'son Sur.rej, Abstract Number 755,r-County- of Collin, State—of—Texas—; said trate—b-eing part--of a called 52 13/16 acre tract as described in the Second tract, and part-of .a called 138. 10 acre tract as described in the Third Tract in Deed co Lillie D. Heard et al, filed 19 September 1931, and recorded in Volume 284 Page 478, and pare of a tract as 'described in Deed to Thomas E. Craig, filed 02 February 1937, and Recorded in Volume 311 Page 189 and part of a called 3. 85 acre tract as described in Deed to Kathryn H. Craig, filed 19 April 1935 , and Recorded in -Volume 298 Page 617 of the Deed Records of the County of Collin, State of Texas, and being more fully described as follows: • • BEGINNING on the north line of said Third tract at a found 1/2 inch Rebar, said Reber being the northwest corner of called 2..876 Acre tract as described in Deed to the First Baptist Church, filed 07 June'_1984, and Recorded in Volume 1909 Page 675 of said Deed Records, said Rebar also being on the south line of a called 1 Acre tract as conveyed to Ernest Mahard Jr. ; . Thence: South 00 degrees 25 minutes 54 seconds East, with the west line of said Church tract, a distance of 673.80 feet to a found 1/2 inch Rebar for the southwest corner of said first Baptist Church tract; • • Thence: South 76 degrees 17 minutes 55 seconds East, with the south line of . said First Baptist Church tract, a distance of 185.76 feet to a found 1/2 inch Rebar, said Rebar being the southeast corner of said Church Tract, and the southwest corner Of a celled _5.613 Acre tract as described in Deed to the First Baptist -Church, Filed 31 August 1983, and Recorded in Volume 1725 . Page 830 of said Deed Records; Thence: South 76 degrees 19 minutes 52 seconds East, with the south line of said Church tract (1725/830) , a distance of 321.53 feet to a found 1/2 Reber- by a Wood Fence Corner Post, said rebar being the southeast corner of said Church tract, acid the southwest corner of a called 20.000 Acre tract as described in Deed to Prosper Independent School District, filed 29 August 1983, and Recorded in Volume 1723 Page 868 of said Deed Records; Thence: South 88 degrees 34 minutes 52 seconds East, with the south line of said School District tract, a distance of 1050.04 feet to a set 3/4 inch Steel Rod on the Right-of-way line of U.S. Highway Number 289, a called 12. 2 Acre tract as described in Deed co The State of Texas, filed 21 November 1963 , and • Recorded 1n Volume 626 Page 564 of said Deed Records, said rod also being the southeast corner. of said School tract; Thence: With the northwest. right-of-way line of said U.S. highway Number 289, the following fourteen calls ; 1. South 06 degrees 06 minutes 41 seconds West, a distance of 337.76 feet; 2. South 34 degrees 10 Minutes 41 -seconds West, a distance of 279.78 feet; 3. South 35 degrees 35 minutes 54 seconds West, a distance of 600,08 feet; 4 . South 34 degrees 13 minutes 06 seconds West, a distance of 400.63 feet; S. South 35 degrees 31 minutes 51 seconds West, a distance of 398.44 feet; 6. South 33 degrees 55 minutes 29 seconds West, a distance of 303.37 feet; • • • • • • • 7 . south 31 degrees 03 minutes 00 seconds West, a distance of 599.72 feet; • 8: South 35 degrees 58 minutes 19 seconds West, a distance of 300:15 feet; 9. South 34 degrees 19 minutes 26 seconds West, n distance of 199.33 feet; 10. South 37 degrees 40 minutes 00 seconds West, a distance of 401 .42feet; • 11. South 449 degrees 50 minutes 05 seconds West, ,a distance of 42077 feet; 12. .North 58 degrees ,39. minutes 16 seconds West, a distance of 30.00:.feet; 13. North 15 degrees 10 minutes 16 seconds West, a distance of 94.91 feet; 14. North 89 degrees 36 minutes 27 seconds West, a distance of 30.25 feet to a set 60D Spike• Nail in the center line 'of old Business Highway Number 289, and the west line of said Craig tract (311/189) ; Thence: North' 00 degrees 22 minutes, 47 seconds East, with the center' line o1: Business Highway Number 289, and the west line of said Craig property; a distance. of 1832.88 -feet to a set 60D Spike Nail, said Nail being- the-northeast corner ofa tract as described in Deed to Charles Allen Angel, Jr. ,` filed 26 April 1166, and Recorded in Volume 672 Page 395' of said Deed Records; Thence: North 00 degrees 20 minutes 17 seconds Enst, with the centerline of Business Highway Number 289, a distance of 1958. 19 feet to a set GOD Spike Nail for a corner; • Thence: South 89 degrees 39 minutes 38 seconds East, passing at 29.21 feet a found 1/2 inch Reber .being the southwest corner of a tract as described in Deed to David James, filed 06 Match 1976, and Recorded in Volume 990 Page 580 of said Deed Records, and continuing on said course for a .total distance of 291.20 - feet to a Pipe Fence Corner Post, said Post also being the southeast corner of a called 0.194 Acre tract as described in Deed to David W. James cc u , Phyllis . James, filed 15 April 1961, and. Recorded in Volume 1372 Page 804 of said Deed Records; Thence: North 03 degrees 55 minutes 35 seconds .East, with the east line of.said . James tract, a distance of 8-3.61 feet co a set 3/4 inch Steel Rod for a• corner; Thence: North 88 degrees 54 minutes 07 seconds West, a distance of 1.5. 15' to a found 1/2 Reber for the southeast corner of -a 3/4 Acre tract as. described in the Land Records to Ethel R. Sterling, filed 17 March 1992, and recorded in 92-0016538 of said land Records; Thence: North 01 degree 55 minutes 33 seconds West, - with the east line of said Sterling tract part- of the way, a distance of 126.12 to a found 1/2 inch Rebar for the northeast corner of a called -0.38 Acre tract as described- in Deed to Bryant T. Black, filed 10 November 1993, and Recorded in 93-0098231 of said Land Records; • .Thence: North 88 degrees 56 minutes 03 seconds West, with the north line of said Black tract, and passing a Car Axle at a distance of 246.45 feet on the east line of said Business Highway 289 , and continuing on said .course for a total distance of 276. 32 feet to 'a set 60D Spike Nail for a corner; Thence: North 00, degrees 20 minutes 17 seconds East, with the center line of Business Highway Number 289, a distance of 137.17 feet to a sec 60D Spike Nail for a corner; Thence: South 89 degrees 21. minutes 41 seconds East, and passing .a Wood Fence Corner Post at a dispnce of 33:51 feet for the southwest corner of a; called 1 Acre tract as described in Deed to Larry H. Phariss et ux, Gloria J . Phariss, filed 10 Hay 1993,• and Recorded in 93-0035246 of said Land Records, . and continuing on said course for a total distance of. Z57 .33" feet to a Wood Fence Corner Post for the southeast corner of said Phariss tract; Thence; North 02 degrees 51 minutes 02 seconds East, with the east line of said Phariss tract, a. distance of 72,22 feet to a Pipe Fence Corner Post; Thence: North B9 degrees 28 minutes 57 seconds East,- a distance of 221.02 feet to a Wood Fence Corner Post; Thence: South 89 degrees 57 minutes 04 seconds East, a distance. of 333.91 feet to the POINT OF BEGINNING and containing 123.850 Acres of land. • -TRACT-7 All chat certain tract or parcel_ of land situated in e C 11 in.County- School;- Land Survey Number-l2-; Lot 30-, -Abstract Number 1477and the Ben Renison Survey;, `Abstracat Number 785'5; County of Collin, State of Texas; said tract being part of a called- 138. 10 were tract as described in the Third Tract in Deed to Lillie . I).. Heard et 61, filed 19 September 1931, and Recorded in Volume 284 Page 478, and part of a tract .as. described in Deed to Thomas E. Craig, filed 02 February 1.937 , ;and Recorded in Volume 311 Page 189 of the Deed Records of the County of Collin, State of Texas, and being more fully described as follows: BEGINNING for the southeast corner of the tract being described herein at a found 1/2 inch Rebar, said Rebar being the southeast Remainder corner of said Craig tract (311/189) . and the southwest remainder corner of a called 41. 166 Acre tract as described in Deed to Carl Tung, filed 19 November 1980, and Recorded in volume 1326 Page 351 of said Deed Records , said Rebar also being on the north Right-of-Way line of U.S. Highway Number 380 as described in Deed to The State of Texas , filed 20 December 1990, and Recorded in. Volume 3412 Page 385 of said Deed Records, said rebar also being in Collin County Road Number 73 (a gravel surfaced county road) ; Thence: With the north right-of-way line of said U.S, Highway Number 380, the following 5 (five) calls: 1 : South 47 degrees 20 minutes 30 seconds West, a distance of 111 .30 feet ; • 2 . South 87 degrees 11 minutes OL second West, a distance of 219.00 feet; • 1. South 89 degrees .43 minutes 1.2 seconds, West, a distance of 200.02 feet; 4. South 84 degrees 04 minutes 09 seconds West, a distance of 100.53 feet; • .5. South 89 degrees 44 minutes 14 seconds West, a distance of 1576.19 feet to a found 1/2 inch Steel Rebar for a corner; • Thence: With the east right-of-way line of U,S . Highway Number .289, the following .13 calls; • -1. North 44 degrees 36 minutes 25 seconds Wesc, a distance of 49.94 feec'; . 2. North 01 degree 08 minutes 02 seconds West, a distance of 88.00 feet; 3. North 23 degrees 32 minutes 01 second East, a distance of 580.42 feet; 4. North 29. degrees 54 minutes. 01 second East, a distance of 603.42 feet; 5. North 34 degrees 09 minutes 18 seconds East, a distance of 198.25 feet; 6. North 38 degrees 55 minutes 52 seconds East, a distance of 602.86 feet;, 7. North 36 degrees 22 minutes 45 seconds East, a: distance of 303.30 feet; 8. North 30 degrees 10 minutes 43 seconds East, a distance of 699.04 feet; 9. North 33 degrees 04 minutes 06 seconds East, a distance of 399.81 feet; 10. North 34 degrees 08 minutes 38 seconds Easc, a distance of 570.09 feet; • . ll. South 55 degrees 48 minutes 51 seconds East, a distance.• of 94.39 feet; 12 . South 09 degrees 05 minutes 51 seconds East, a distance of 304 ,25 feet; 13. South 89 degrees 36 minutes 20 seconds East, a distance of 17.91 feet to a set 3/4 inch Steel Rod Ln the center line of said county road Number. 73, and .on the east line of said Third Tract. and on the west line of a called 875.818 acre tract as described in Deed to 0pubco Properties Inc. filed 19 April 1983, and Recorded in Volume 1639 Page 454 of said Deed Records; Thence: South 00 degrees 25 minutes 52 seconds West, with the east line of said Heard and Craig tracts, and 'in said county road Number 73, a distance of 3008.89 _feet .co the POINT Of BECI,NNINC and containing 99.963 Acres of land. • • • .__T_RACT.8 • All that .eertain trnct_or_.parcel .of. land situated_ Ed in the Bradley Survey. '-Abstract Number 86 ' County -of -Collin, State-of Texas; said tract being part of 'a. called 47- acre tract as deserid in the First _tract in Deed t_o Lillie'Ofr Heard, filed 19 September 1931, and Recorded in Volume. 284 Page 478 of the Deed Records of the County of Collin, State of Texas, and being more fully described - as follows: - BEGINNING for the northwest corner of the tract being described herein as a found Spike Nail,. said Nail being the northwest corner of said Heard First tract, the southeast corner of Collin County School Land Lot 29, the southwest corner of Lot 28, and the northeast corner of Lot 30 of the Collin County School Land Survey Number 12 Abstract Number 147, said Spike Nail also being et . the center, line intersection of First Street and Craig Street; • Thence: South 89 degrees 57 minutes 36 seconds East, with the north line of snid Heard tract, .and the -eenter line of said First Street, a distance of 380.61 feet to a set 60D Spike' Nail in the west Right-of-Way line of U.S : • Highway Number 289 as described in Deed to The State ' of Texas; filed .21 • November 1963. and Recorded in Volume 626 Page 564 of- Said Deed Records, and the southeast remainder corner of a tract as described to W.D. Terrell et ux, Alma .Lusk Terrell, filed 03 November 1965, and Recorded in Volume 663 Page 551 ,of said Deed Records; Thence: With the west right-of-way line of said U.S. Highway Number 289, the following ten calls: . 1. South 00 degrees 02 minutes 24 seconds West, a distance of 19.48 feet; .2. South 78 degrees 20 minutes 45 seconds East, a distance Of.238,94 feet; 3. South 24 degrees 31 minutes 45 seconds East, a distance of 60,43 feet; 4. South 27 degrees 26 minutes .16 seconds West, a distance of 427.03 feet; 5. South 24 degrees 47 minutes 15 seconds West, a distance of 492.40 feet; _ 6. South 33 degrees 47 minutes 15 seconds West, a distance 'of 199. 32 feet; 7 . North 56 degrees 33 minutes 20 seconds West, a distance of 96.61 feet; 8. North -00 degrees 24 minutes 19 seconds West,-, a distance of 205. 74 feet; 9. North 16 degrees 22 minutes 19 seconds West, a distance of' 104.40 feet; 10. North 89 degrees 40 minutes 19 seconds West, a distance of 19. 63 feet to a set' Railroad Spike in the center line of said South Craig Street, and the west line of said First tract; Thence: North 00 degrees 25 minutes 52 seconds East, with the center line of • South Craig Street, and with the west line of said First trait, and the east line of a called 20.000 acre tract as described in Deed to The Prosper Independent School DI:itFid ;, filed 29 August 1983, and. recorded In Volume 1123 l'nge 868 of said Deed Records, a distance of 755..43 feet to the POINT O1 • BEGINNING and containing 10.068 Acres of land. • • TRACT 9 • All that certain enact or.vucel_ of_ land situated .in _the _Ed ;Bradley _Sur_vey,; •Ahstrac -Number _b.fi_,_.County-of—Coll-in-,--State-of-Texas; said tract being part of, a called 47 acre tract as described in the First tract in Deed to Lillie D. Heard, filed 19 September 1931, and Recorded in Volume :284 Page 478 of the Deed Records of the County of Collin, State of Texas, and being more fully described as follows: • BEGINNING for the northeast corner of the tract being described herein at a set 3/4 inch Steel Rod, said Rod being the northeast corner of said First tract, and the northwest corner of a called 875.818 Acre tract as described in Deed to .Opubco Properties, Inc. , filed 19 April 1983, and Recorded in Volume 1639 Page 654 of said Deed Records, said Rod also being in the center line of Collin County Road Number 78 (an asphalt surfaced county road) ; Thence: South 00 d:egrees 31 minutes 03 seconds East, with the east line of said First tract, and passing at 21.10 feet a wood fence corner past on the south line of said road, and continuing on said course for a total distance of 1566.40 feet to a .Wood Fence corner post for the southeast corner of said First tract, and an ell corner. of said 875.818 acre tract; Thence; South 89 degrees 54 minutes 01 second West, with the south line of said First tract, a distance of 1280.88 feet to a set3/4 inch 'Rod on the east Right-of-Way line of U.S . Highway Number 289, as described in Deed to The State of Texas , filed 21 November 1963, and Recorded in Volume 626 Page 564 of' said Deed Records; • Thence: With the east right-of-way line of said •U.s. Highway Number 289 the following Six calls: 1. North 33 degrees 48 minutes 55 seconds East, a distance of 1030.93 feet.; 2. North 26 degrees 28 minutes 50 seconds East, a distance of 203.98 feet; 3. North 22 degrees 02 minutes 50 seconds East, a distance of 407 .09 feet; 4 . North 49 degrees 53 minutes 45 seconds East, a distance of 89. 16 feet; 5 . North 77 degrees 59 minutes 15 seconds East, a distance of 278. 14 feet; 6. North 00 degrees 02 minutes 24 seconds East,, a distance of 16.88 feet to a set 3/4 inch Steel Rod ,on the north line of said First tract, and the center' . line of said County Road 78; Thence; South 89 degrees 57 minutes 36 seconds East, with the north line of said First tract, and the center line of said road, ' a distance of 109 . 15 feet to the POINT OF BEGINNING and containing 27.672 Acres of land. • • , ^ __ __ ` / TRACT IT! rRo�r 2 It TRACT 3 pi Ls PAW C oil ExHaff . 77 mc� FOR ' T= �w��*m� *A"mmm ' \ ' OCTM "uJ���u°ofn"mx�� —OF—MO,— / ) �J\L� '\ / U ^� JY ' \ ` " - \// / / `- `. , , �� - — P : — _ ___ .. is Is DALLAS 11002 MAR—la—foe e1 :22 PI' 4i'rY. oa.PROOPEl Yr' 4T 2111 P.02 ANNEXA'l'I()N 'PETITION TO'f11t.MAYOR A )OOVI.:¢NING BODYOt.'11II,CITY OF.yro SQo ( •Tams: The undersigned awncr(s) of the her inaftet- described tenet of land, which is vacant and without residents,or on which leK3 thin three(1)quit rit:d voters resIdr.,hereby petition your honorablebody to c<tend the present city limits so as to include us a pert of the City of PrO.Sf er ,Texas,the following desctbod to wit: l/We certify that the above described tract or land is contiguota to the City of ,Pro syr Tcxa., is not MOM than tine-half(1/2) role in width and that this petition is signed and duly aeknowlc:clged by each and every person or corporation hawing an inte,cat to said land. f'/ . AMA _ arAir. . ,Art Utt rrf's igru,ttlrc •tier•.s'r&rr•.or- �� 'COUN t r o>=_ •_ 'Before ,the nnderrigned nuih iity.0 this day personally Opp/tied B � ,' " _ known to nm ter tie lilt 1asort whose wane is rsuhrcerlbed tt,die['weaving irtxtrlament:rrnl cucknowtcdgutt to ma Wet he rrr ilte exccuied the same frx purposes and corsictrrntinn therein expressed. Given under my hand and Kcal of office,this 16- tuft of Al IA / .��„ ,9449 /Rs P y";' Neutry tic In and fur the$ of •• ;: = My commission c�cpites, _� • , - D. ANN NICHO SON .= Notary Public,Sang of TAmu,y4;• ,,e l My Commleston Exp.03.tty2002 • ..• t Owner's SiRnanire#2 _ ME STATE OF TEXAS COUNTY OF Before me,the undcrxigned au[hority,an thisdtry err pally eppcerrd known to ore to be the person whose:name is subacritretl to the foregoing instrument and acknowlolited to me that hz or the executed Me OM rot purl and consIderadon,hcroin ercpressui, t3iven under my hand and seal of(Dim,thk: day of 19 Notaty Public in and fir the Stoic of't'exas My commission expires; - Governmental Si v1ce AFnry. Inc. 2-6 A,m coiittn Pietettrrra Meisel TOTAL P.©2 Town of Prosper P.O. BOX 307 Prosper, Texas 75078 (972)347-2304 METRO(972)346-2640 FAX(972)347-2111 FAX MEMO DATE: 19 - Q-in . TO: �..«_ FROM;.1.UL.I. Ai 6 5aq- t(o Viina_ice Lb& 0..0 QJ (r_) alcUtbQk ' ,C9/03ette_ fie,1,0tOR M,Lh601016) 4.6Uft. IF YOU DO NOT RECEIVE ALL OF THESE PAGES, PLEASE ADVISE PAGE / OF , PAGES . (INCLUDES COVER) it TOWN OF PROSPER,TEXAS ORDINANCE Na. 98-330_-w AN ORDINANCE PROVIDING FOR THE VOLUNTARY ANNEXATION OF A TRACT OF LAND SITUATED IN THE COLLIN COUNTY SCHOOL .LAND SURVEY, ABSTRACT NO. 147, AND IN THE ED BRADLEY SURVEY, ABSTRACT NO. 86, CONTAINING 594.295 ACRES OF LAND, MORE OR LESS, IN COLLIN COUNTY,TEXAS; PROVIDING 'THAT THE • OWNERS AM) INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAM) SHALL. BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF PROSPER AND HE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AM)PROSPER'S ZONING ORDINANCE NO. 84-16 AND ANY AMENDMENTS THERETO; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. Town of Prosper P.O. BOX 307 '• Prosper, Texas 75078 (972)347-2304 METRO(972)346-2640 FAX(972)347-2111 FAX MEMO DATE: / ` 2 - 9 TO: ae D FRO /2@4 a 9,4 /gag l � IF YOU DO NOT RECEIVE ALL OF THESE PAGES, PLEASE ADVISE PAGE f OF 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 11-10-98,and at 7:00 p.m.on 11-17-98 for the purpose of considering annexation into the city limits of the following described property: TRACTS 1,2,3,4,AND 5:COLLIN COUNTY SCHOOL LAND SURVEY,NUMBER 12,LOTS 19,26,AND 31,ABSTRACT NUMBER 147,COUNTY OF COLLIN,STTE OF TEXAS. TRACT 6:COLLIN COUNTY SCHOOL LAND SURVEY,NUMBER 12,LOT 30,ABSTRACT NUMBER 147 AND THE BEN RENISON SURVEY,ABSTRACT NUMBER 755,COUNTY OF COLLIN,STATE OF TEXAS. TRACT 7:COLLIN COUNTY SCHOOL LAND SURVEY,NUMBER 12,LOT 30,ABSTRACT NUMBER 147 AND THE BEN RENISON SURVEY,ABSTRACT NUMBER 7855,COUNTY OF COLLIN,STATE OF TEXAS. TRACTS:ED BRADLEY SURVEY,ABSTRACT NUMBER 86,COUNTY OF COLLIN,STATE OF TEXAS;SAID TRACT BEING PART OF A CALLED 47 ACRE TRACT AS DESCRIBED IN THE FIRST TRACT IN DEED TO LILLIE D.HEARD. TRACT 9:ED BRADLEY SURVEY,ABSTRACT NUMBER 86,COUNTY OF COLLIN,STATE OF TEXAS;SAID TRACT BEING PART OF A CALLED 47 ACRE TRACT AS DESCRIBED IN THE FIRST TRACT IN DEED TO LILLIE D.HEARD. All interested citizens and property owners are hereby notified of their right to appear and be heard on the matter. VSemu; / IC/VIC Ci ecre City of P17/ REGULAR CITY COUNCIL MEETING TUESDAY,OCTOBER 13, 1998 CITY HALL- 109 SOUTH MAIN STREET 7:00 P.M. THOSE PRESENT: MAYOR PRO-TEM,RALPH BOYER; COUNCILMEMBERS: JIM DUNMIRE,LARRY TRACEY,JANET PHILLIPS, AND CHARLES NISWANGER. MAYOR STEPHEN COFFMAN WAS ABSENT. FIRST PUBLIC HEARING ON ARCH PARDUE ANNEXATION: NO COMMENTS FROM THE AUDIENCE WERE MADE AND THE PUBLIC HEARING WAS CLOSED AT 7:02 P.M. CALL TO ORDER: RALPH BOYER CALLED THE MEETING TO ORDER. CONSENT ITEMS: MOTION MADE BY CHARLES NISWANGER AND SECONDED BY JIM DUNMIRE TO APPROVE THECONSENT HEMS. MOTION CARRIED. COMMENTS FROM CITIZENS: TRACEY BOSTON AND TERRY SELF DISCUSSED PROPERTY LINES ON SECOND STREET WITH THE COUNCIL. CITY WILL CONTACT CITY ATTORNEY REGARDING THE MAI" ER AND GET BACK WITH MS.BOSTON AND MR. SELF. RADEAN HERRON,TAX A/C-REPORT: RADEAN WAS PRESENT AND GAVE HER REPORT. SHE WILL BE MAILING OUT TAX STATEMENTS NEXT WEEK. RICHARD BASS WITH HOPE LUMBER-DISCUSSION AND POSSIBLE ACTION ON UTILITIES TO HOPE LUMBER: RICHARD SPOKE BRIEFLY WITH THE COUNCIL TO UPDATE THEM ON THE PROGRESS OF THE NEW BUILDING FOR HOPE LUMBER. THE SEWER LINES ARE READY TO TAKE BIDS ON AND THE WATER LINE PLANS WILL BE COMPLETED NEXT WEEK. HOPE LUMBER IS CURRENTLY TAKING BIDS ON THEIR NEW SITE. ARTHUR DALTON-DISCUSSION WITH COUNCIL REGARDING ANNEXATION AND WATER SERVICE TO HIS PROPERTY: MR.DALTON WAS NOT PRESENT AND THE DISCUSSION WAS TABLED UNTIL THE OCTOBER 20, 1998 MEETING. DAVID WHETSEL-DISCUSISON WITH COUNCIL ON CHRISTMAS DECORATIONS AND LIGHTS FOR BOTH THE CITY AND CITY HALL BUILDING: MOTION MADE BY JIM DUNMIRE AND SECONDED BY LARRY TRACEY TO CONTACT AN ELECTRICIAN TO . PROVIDE ELECTRICITY TO THE CHRISTMAS TREE LOCATED ON SH289 AND E.FIRST STREET. THE CITY WILL PAY THE ELECTRICITY BILL FOR THE TREE THROUGH DECEMBER. MOTION CARRIED. COUNCIL WILL DISCUSS LIGHTING OF THE CITY HALL AT THE OCTOBER 20, 1998 MEETING. STUART JACKSON-DISCUSSION WITH COUNCIL ON DEVELOPING THE CONTINUATION OF NORTHCHASE:STUART MET WITH THE COUNCIL REGARDING THE DEVELOPMENT OF THE CONTINUATION OF NORTHCHASE ESTATES. STUART WILL MEET WITH RONNIE TUCKER REGARDING EMERGENCY PRECAUTIONS. FURTHER DISCUSSION WILL BE HELD AT THE OCTOBER 20, 1998 COUNCIL MEETING. DISCUSS/CONSIDER ACTION ON A RESOLUTION ESTABLISHING RULES REGARDING THE USE OF EXCESSIVE FORCE DURING NONVIOLENT CIVIL RIGHTS DEMONSTRATIONS: MOTION MADE BY LARRY TRACEY AND SECONDED BY JANET PHILLIPS TO APPROVE THE RESOLUTION. MOTION CARRIED. DISCUSS/CONSIDER ACTION ON A RESOLUTION DESIGNATING THE MONTH OF NOVEMBER 1998.AS FAIR HOUSING MONTH AND SUPPORTING FAIR HOUSING ACTIVITIES WITHIN THE CITY OF PROSPER TEXAS: MOTION MADE BY LARRY TRACEY AND SECONDED BY CHARLES NISWANGER TO APPROVE THE RESOLUTION. MOTION CARRIED. . CONSIDER AND ACT UPON REPAIRS TO THE CITY HALL ROOF: MOTION MADE BY LARRY TRACEY AND SECONDED BY JIM DUNMIRE TO HAVE EAGLE ROOFING(THE LOWEST BID) REPAIR THE CITY HALL ROOF IMMEDIATELY. MOTION CARRIED. DON WILLEY.BUILDING INSPECTOR/CITY MARSHALL-REPORTS: DON WAS PRESENT AND GAVE HIS REPORT. HE REPORTED THAT ALL WAS WELL WITH THE TOWN AND THERE WERE NO CURRENT PROBLEMS. RONNIE TUCKER,FIRE CHIEF/MARSHALL-REPORT: RONNIE WAS NOT PRESENT AND DID NOT GIVE HIS REPORT. THOMAS BRALEY-607 E.FIRST STREET-REQUEST TO DO GUN SALES AND GUN SMITHING FROM HOME: RONNIE TUCKER WILL SPEAK WITH MR.BRALEY REGARDING THIS ISSUE. THE COUNCIL HAS NO PROBLEM WITH THIS ISSUE,AS LONG AS MR.TUCKER HAS NO PROBLEMS.. JOHN HARRIS-PIONEER CONCRETE-DISCUSSION ON ANNEXATION INTO CITY: ONCE THE ANNEXATION PETITIONS FROM BILL RAZOR AND PIONEER CONCRETE ARE RECEIVED BY THE CITY,THE CITY CAN BEGIN THE ANNEXATION PROCESS ON BOTH PIECES OF LAND. THE WATER WELL AT PIONEER WAS BRIEFLY DISCUSSED AND WILL BE DISCUSSED FURTHER AT A LATER DATE. SHERIFF BOX AND CAPTAIN STONE-DISCUSSION ON LAW ENFORCEMENT: SHERIFF BOX WAS PRESENT AND SUBMITTED AN ESTIMATE OF PART TIME LAW ENFORCEMENT. THE COUNCIL WILL CONSIDER THE BID AND CONTACT SHERIFF BOX FOR A WORK SESSION. BRUCE SMITH-REQUEST FOR ANNEXATION AND P.D.ZONING: MOTION MADE-BY JANET --PHILLIPS AND SECONDED BY LARRY TRACEY TO ACCEPT THE ANNEXATION AND PLANED -DEVELOPMENT ZONING REQUEST.-PUBLIC.HEARINGS WILL BEGIN IMMEDIATELY. THE ',MULTI=FAMILY UNITS ARE SET_FOR.,18 PER ACRE INSTEAD OF 14 PER ACRE. MOTION ,CARRIED.;. DANIEL JONES-DISCUSSION ON BALL FIELDS FOR CITY: DANIEL WAS NOT PRESENT BUT JANET PHILLIPS HAD THE PLANS FOR THE SCHOOL'S BALL FIELDS. STATUS ON MEETING WITH TIM MORRIS AND BRUCE SMITH: TIM MORRIS MET WITH BRUCE OF BLUE STAR LAND AND THINKS IT WOULD BE MORE BENEFICIAL FOR O.S.I.TO LOCATE IN BLUE STAR'S LIGHT INDUSTRIAL AREA SO WATER AND SEWER LINES COULD BE MORE CHEAPLY RAN MORE EASILY AND CHEAPER TO THE FACILITY. BRUCE WILL SPEAK WITH THE OWNER'S OF O.S.I. PHIL JOBE-REQUEST FOR VARIANCE IN STONE CREEK: PHIL WAS NOT PRESENT AND THE ISSUE WAS TABLED UNTIL THE OCTOBER 20TH MEETING. LEE LAWRENCE-APPROVAL OF ADMNISTRATIVE SERVICE CONTRACT: TABLED UNTIL THE OCTOBER 20TH MEETING. DISCUSSION ON BUILDING FOR NEW FIRE TRUCK: THE COUNCIL RECEIVED A BID FROM DAVID JAMES IN THE AMOUNT OF$14,500 FOR A 25'X 50'BUILDING. ELECTRICITY AND CONCRETE FLOORS ARE NOT INCLUDED IN THIS BID. NO ACTION TAKEN TABLED UNTIL THE OCTOBER 20TH MEETING. ADJOURN: MOTION MADE BY JIM DUNMIRE AND SECONDED BY LARRY TRACEY TO ADJOURN AT 9:00 P.M. MOTION CARRIED. CITY SECRETARY MAYOR i I.f Alc=7. I t77-0,769vr%e, 4/‘ 74z:D C7Z 7d6PF 4 4 - F. 7.(1. t-447 - • . '19A r4P,47-152 rr3r27'? 97‘ e(7?_ .-4 •7/? 7 :::> ° (xL17-,*,3- (1-7rp, /7, 124 75-47.7_ 1( (2-72,7a3r r Z• 2/7 ( -7-7.7-r I 0,1 I,A 1 t) j2Tf72-474 .Z_V7-rjr 2-)-7P/ rr:frP 7517 •9-9< SZerz pD 7 r?-e-fr z6F ,7/ '9 1 :--77e r7 cG 2o - (77.7 -e-y-er (17/ �r " 27 "--P72/7-p77 9-7 . c)(".7-P70 / 6 ro r'77-?-7P-Pr Ti--€7-2e-P-r 6 ovp ? 7 pw �� 70 i n tt , N . ` k k Nk NIt 1\•1 tq,. -t & r I \ ,k 4 q3. ' .' C),) . . .,1 ,.1 • , 441 - 4 26ef X41 £&thd -.L-2,4%2/d ) .?-14-ah • 16, .0 . Adli 261 2 "-e 2e ,!! c4 . 25-, )-2 . ./1(N v ).44 /414 _ : Adz-ft-Le 444 28 /2:40_,L4d.ee-ee V97- -"Ls 444 2c_.1--er 2f ,7A 9ef, • le _ _c<d-72-aiet ?ecie -tet. .d, /geizoe.4b 724 ) 11: •:' 1,11 1j1 11, 1,1! 1111 1:11 _ Ii II il; 11,1 lit 111 Hi! 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Mr IJ'/b AN ORDINANCE OF THE CITY OF FRISCO, TEXAS, AMENDING FRISCO'S COMPREHENSIVE ZONING ORDINANCE NO. 93-07-11, t (MULTIPLE FAMILY DISTRICT-1), SE TION21 (MULTIPLE FAMILY DISTRICT-2),SETION35OFF-STREET PARKING AND LOADING REQUIREMENTS, WSPECIAL AND ADDITIONAL SUPPLEMENTARY REGULATIONS)AND M 42(DEFINITIONS); PROVIDING FOR THE ENFORCEMENT OF THIS ORDINANCE AND FOR A PENALTY FOR THE VIOLATION THEREOF;PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES;PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Frisco, Texas("City Council")has investigated and determined that Section 20 (Multiple Family District-1), Section 21 (Multiple Family District-2), Section 35 (Off-Street Parking and Loading Requirements), Section 36 (Special and Additional Supplementary Regulations) and Section 42 (Definitions) of Ordinance No. 93-07-11 of the City of Frisco, Texas("Frisco") should be amended; and WHEREAS, Frisco has complied with all notices and public hearings as required by law; and WHEREAS, the City Council finds that it will be advantageous, beneficial and in the best interest of the citizens of Frisco to amend Ordinance No. 93-07-11 as set forth below: NOW, THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRISCO, TEXAS: SECTION 1: The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Section 20(Multiple Family District- 1) of Frisco's Comprehensive Zoning Ordinance No. 93-07-11 is hereby amended to read as follows: ORDINANCE AMENDING COMPREHENSIVE ZONING ORDINANCE 93-07-11,SECTIONS 20,21,35,36 AND 42-Page 1 b A:\mbo=g\f cokzolmultl2.ord/102997 I SECTION 20 MF-1 -MULTIPLE FAMILY DISTRICT- 1 20.5 MULTI-FAMILY COMPLEXES THAT HAVE CONTROLLED -t ACCESS: • All developments that contain limited, gated access shall locate all gate entry controls, card pads and intercom boxes in driveway islands with adequate stacking distances from the gate to allow"U-turning"back onto a public street. 20.6 USABLE OPEN SPACE REQUIREMENTS: Each lot or parcel of land developed under the MF-1 standards, shall provide common open space totaling twenty-five percent(25%)of the total MF-1 development. 1. Planned Development Districts: For Planned Development Districts with multi-family zoning,usable open space shall be provided in accordance with that required for the MF-1 or MF-2 District that most closely resembles the density permitted within said PD. 2. Area Requirements: a. Such open space shall have a maximum slope not exceeding ten percent(10%). b. Such open space shall have a minimum dimension of not less than fifteen(15)feet. c. Of the required open space, 15%or 14,000 square feet, • whichever is greater, shall be arranged or located in a contiguous mass. This contiguous mass must be located within the required common open space area. Flood plain may be counted toward this requirement, however, required perimeter landscaped areas may not be counted toward this requirement. d. At the time of site plan and/or subdivision plat approval,the Planning&Zoning Commission and/or City Council may give full or partial credit for open areas that exceed the maximum slope or which are otherwise unusable if it is determined that such areas are environmentally or aesthetically significant and that their existence enhances the development. ORDINANCE AMENDING COMPREHENSIVE ZONING ORDINANCE 93-07-11,SECTIONS 20,21,35,36 AND 42-Page 2 henAmbox8lfriseokzo\mult12.ord/102997 4 3. Credits: A 1:1 square foot credit may be applied for each square foot utilized for: a. swimming pools and adjacent decks, patios or lounge within 10 feet of a pool; b. developed and equipped children's play areas; c. usable portions of recreational buildings; and d. flood plain. 4. Landscaping: a. All required landscaping must be located within the required open space, exclusive of required perimeter or parking landscaped areas. b. One(1)large tree or three(3) small trees per 7,000 square feet of required open space. c. Three(3)five gallon(5) scrubs per 10,000 square feet of required open space. d. Tree preservation credits shall be the same as those set forth in Section 39.6B(4). 20.7 BUILDING ORIENTATION: Buildings with enclosed garages, when adjacent to public rights-of-way, must face garages internally to the development. Garage doors may not face public rights-of-way. SECTION 3: Section 21 (Multiple Family District-2) of Frisco's Comprehensive Zoning Ordinance No. 93-07-11 is hereby amended to read as followed: SECTION 21 MY-2-MULTIPLE FAMILY DISTRICT-2 21.5 MULTI-FAMILY COMPLEXES THAT HAVE CONTROLLED ACCESS: All developments that contain limited, gated access shall locate all gate entry controls, card pads and intercom boxes in driveway islands with adequate stacking distances from the gate to allow"U-turning"back onto a public street. ORDINANCE AMENDING COMPREHENSIVE ZONING ORDINANCE 93-07-11,SECTIONS 20,21,35,36 AND 42-Page 3 hcflArnbox81f iscokzo\mul 12.ord/102997 4 21.6 USABLE OPEN SPACE REQUIREMENTS: Each lot or parcel of land developed under the MF-2 standards, shall • provide common open space totaling twenty percent (20%)of the total MF-2 development. 1. Planned Development Districts: For Planned Development Districts with multi-family zoning,usable open space shall be provided in accordance with that required for the MF-1 or MF-2 District that most closely resembles the density permitted within said PD. 2. Area Requirements: a. Such open space shall have a maximum slope not exceeding ten percent(10%). b. Such open space shall have a minimum dimension of not less than fifteen(15)feet. c. Of the required open space 15%or 14,000 square feet, whichever is greater, shall be arranged or located in a contiguous mass. This contiguous mass must be located within the required common open space area. Flood plain may be counted toward this requirement, however, required perimeter landscaped areas may not be counted toward this requirement. • d. At the time of site plan and/or subdivision plat approval,the Planning&Zoning Commission and/or City Council may give full or partial credit for open areas that exceed the maximum slope or which are otherwise unusable Wit is determined that such areas are environmentally or aesthetically significant and that their existence enhances the development. 3. Credits: A 1:1 square foot credit may be applied for each square foot utilized for: a. swimming pools and adjacent decks, patios or lounge within 10 feet of a pool; b. developed and equipped children's play areas; ORDINANCE AMENDING COMPREHENSIVE ZONING ORDINANCE 93-07-11,SECTIONS 20,21,35,36 AND 42-Page 4 hcJ:\tnboxtAfiiscolccolmultl2.ord/102997 i c. usable portions of recreational buildings; and d. flood plain. 4. Landscaping: a. All required landscaping must be located within the required open space, exclusive of required perimeter or parking landscaped areas. b. One(1)large tree or three(3) small trees per 7,000 square feet of required open space. c. Three(3)five gallon(5) shrubs per 10,000 square feet of required open space. d. Three preservation credits shall be the same as those set forth in Section 39.6B(4). 21.7 BUILDING ORIENTATION: Buildings with enclosed garages, when adjacent to public rights-of-way, must face garages internally to the development. Garage doors may not face public rights-of-way. SECTION 4: SECTION 35 (Off-Street Parking and Loading Requirements) of Frisco's Comprehensive Zoning Ordinance No. 93-07-11 is hereby amended to read as followed: SECTION 35 OFF-STREET PARKING AND LOADING REQUIREMENTS 35.6 PARKING REQUIREMENTS BASED ON USE: 14. Dwellings,Multi-Family: One and one-half(1.5) spaces per one bedroom unit, two(2) spaces per two bedroom unit, two and one- half(2.5) spaces per three bedroom unit and one-half(.5) space per each additional bedroom. The required number of total spaces shall be no less than 1.8 spaces per dwelling unit overall. Thirty percent(30%) of the required parking spaces must be within enclosed garages. These garages may be a part of the dwelling structure or as an accessory building. All garages constructed as accessory buildings must consist of eighty percent(80%)masonry and be built of similar materials as the main structures. ORDINANCE AMENDING COMPREHENSIVE ZONING ORDINANCE 93-07-11,SECTIONS 20,21,35,36 AND 42-Page 5 hell:unboz8\friscokzolmulti2.ord/102997 SECTION 5: SECTION 36 (Special and Additional Supplementary Regulations) of Frisco's Comprehensive Zoning Ordinance No. 93-07-11 is hereby amended to read as followed: SECTION 36 SPECIAL AND ADDITIONAL SUPPLEMENTARY REGULATIONS 36.9 EXTERIOR CONSTRUCTION OF MAIN BUILDING: A. All exterior facades for the first story of a main building or structure in the RE, SF-1, SF-2, SF-3, SF-4, SF-5, SF-6,PH, TH and PD Districts shall be constructed of a minimum of seventy-five percent(75%)masonry,with not less than fifty percent(50%)of any single facade being of masonry construction. In the A District, a main building of structure may be constructed of wood or an equivalent material. D. All main structures within the MF-1 and MF-2 districts must have a minimum of eighty percent(80%)masonry on the first and second floors and fifty percent(50%)on all other floors. SECTION 6: SECTION 42 (Definitions)of Frisco's Comprehensive Zoning Ordinance No. 93-07-11 is hereby amended to read as follows: SECTION 42 DEFINITIONS • 248. USABLE OPEN SPACE An area or recreational facility which is designed and intended to be used for outdoor living and/or recreation. An area of common usable open space shall have a slope not exceeding ten percent(10%); shall have no dimension of less than fifteen(15)feet; and may include recreational facilities, water features, required perimeter landscape areas, flood plain areas and decorative objects such as art work or fountains. Usable open space shall not include: walks, rooftops, accessory buildings, except those portions of any building designed specifically for recreational purposes, parking areas, landscaped parking requirements, driveways, turn-arounds or the right-of-way or easement for streets or alleys. SECTION 7: PENALTY PROVISION: Any person, firm, corporation or business entity violating this Ordinance or any provision of Frisco's Comprehensive Zoning Ordinance No. 93-07-11, or as amended, shall be deemed ORDINANCE AMENDING COMPREHENSIVE ZONING ORDINANCE 93-07-11,SECTIONS 20,21,35,36 AND 42-Page 6 hc/1:lmbos8lfriscokzolmulti2.ord/102997 • guilty of a misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Frisco from filing suit to enjoin the violation. Frisco retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 8: SAVINGS/REPEALING CLAUSE: Frisco's Comprehensive Zoning Ordinance No. 93-07-11 shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed;but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. SECTION 9: SEVERABILITt • Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Frisco hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. SECTION 10: EFFECTIVE DATE: The caption of this Ordinance shall be published in accordance with the laws of the State of Texas and in compliance with the City Charter of Frisco, and shall be effective immediately upon its passage. ORDINANCE AMENDING COMPREHENSIVE ZONING ORDINANCE 93-07-11,SECTIONS 20,21,35,36 AND 42-Page 7 hcll:\mboz8lhiscokzo\mu1112.ord/102997 l � i DULY PASSED AN) APPROVED�, BY THE CITY COUNCIL OF THE CITY OF FRISCO, TEXAS, on this gh fday of X`rvern 1997. KATHLEEN A. SEEI,Mayor ATTESTED AND CORRECTLY APPROVED AS TO FORM: RECORDED: liat4/ N R, ABERNATHY, ROEDER, ROBERTSON City Secretary BOYD&JOPLIN,P.C. RICHARD M. ABERNATHY `000-o f c D. KAY WOODS �► F TH •••..L . City Attorneys i S i S . • am F •Q ''N,NryHN � • Date of Publication: I I' Z1. 41, 1 ('tI; 4/ , Frisco Enterprise ORDINANCE AMENDING COMPREHENSIVE ZONING ORDINANCE 93-07-11,SECTIONS 20,21,35,36 AND 42-Page 8 hell:Unboz8lfriscokzounulti2.ord/102997