85-24 O - Annexation of Collin Green •ORDINANCE 85-24
AN ORDINANCE ANNEXING TERRITORY INTO THE CITY OF PROSPER, TEXAS
AND EXTENDING THE BOUNDRY LIMITS OF SAID CITY TO INCLUDE SAID
PROPERTY WITHIN SAID CITY LIMITS AND GRANTING TO ALL THE
INHABITANTS OF SAID TERRITORY ALL THE RIGHTS AND PRIVILEGES
OF OTHER CITIZENS AND BINDING SAID INHABITANTS BY ALL OF THE
ACTS, ORDINANCES, RESOLUTIONS AND REGULATIONS OF SAID CITY;
PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND TO
PROVIDE FOR FILING HEREOF WITH THE CLERK OF COLLIN COUNTY,
TEXAS.
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WHEREAS, a 'petition has been duly made for annexing certain
unoccupied territory, hereinafter described, to the City of
Prosper, Texas, which application being in the form of a petition
by the sole owner duly and legally executed, and;
WHEREAS, the Council of the Town of Prosper, Texas has
investigated same and determined that all the facts contained
in said petition are true, and;
WHEREAS, the Council of the Town of Prosper, Texas has heard
. such petition and all the arguments .for and against the same and
determined that it will be advantageous and beneficial to the City
of Prosper, Texas and its inhabitants, as well as to the here-
inafter described territory, to grant such petition and annex
such territoty to the Town of Prosper, Texas :
SECTION 1 . The territory described as follows and any and all
public streets, roads, alleys located within or contigous to the
same be and the same hereby is annexed to the Town of Prosper,
Texas :
Situated in the Community of Rhea Mills, Collin Co. ,
Texas, in the George Horn Survey, Abst. No. 412, and
• being a re-survey of part of a 60 . 57 acre tract of
l.uid described as TRACT 13 of PARCEL VI of the "J. P.
Dowell Partnership" dated December 31 , 1956; and
recorded in Vol . 526, Page 512 of the Collin County
Land Records, being more fully described as follows :
BEGINNING at an iron pin set in the west line of said
60 . 57 acre tract, on the south side of a large bois d'
arc corner post; said iron pin being in the south right-
of-way line' of Farm Market Rd 1461 , 35 . 9 feet south
of the northwest corner of said 60 . 57 acre tract;
THENCE North 89 degrees 03 minutes East, 1007 . 62 feet
w.ithosaid south right-of-way to a concrete right-of-way
monument set in the West line of the Rhea Mills Store
,Lot Vreterence Vol . 457, Pg 340 for a corner;
THENCE South 0 degrees 33 minutes 11 seconds West 85 . 86
feet to an iron pin set beside a post at the West, Southwest
corner of said Store Lot for an angle point;
THENCE South 1 degree 41 minutes 27 seconds East, 138. 31
feet to an iron pin set for a corner;
THENCE 89 degrees 20 minutes 58 seconds East, passing an
iron pin set beside a corner post at 54 . 86 feet and
continuing with an established fence in all 229. 4 feet
to a corner post for an angle point;
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Situated .in the Community of Rhea Mills, Collin Co. ,
Texas,as, in the George Horn Survey, Abst. No. 412, and
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being a re-survey of part of a 60 . 57 acre tract of
Land described as • TRACT I3 of PARCEL VI of the "J. P.
Dowell Partnership" 'dated December 31, 1956, and
recorded in Vol . 526, Page 512 of the Collin County
Land Records, being more fully described as follows :
a UEC.INNING at an iron pin set in the west line of said
60 . 5/ acre tract, on the south side of a large bois d'
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arc corner post; said iron pin being in the south right-
of-way line of Farm Market Rd 1461 , 35. 9 feet south
the northwest corner of said 60. 57 acre tract;
THENCE North 89 degrees 03 minutes East, 1007 . 62 feet
with , said south right-of-way to a concrete right-of-way
monument set in the West line of the Rhea Mills Store
Lot Vreterence Vol . 457, Pg 340 for a corner;
THENCE South 0 degrees 33 minutes 11 seconds West 85. 86
feet to an iron pin set beside a post at .the. West, Southwest S
corner of said Store Lot for an angle point;
THENCE South 1 degree 41 minutes 27 seconds East, 138. 31
feet to an iron pin set for a corner;
THENCE 8.9 degrees 20 minutes 58 seconds East, passing an
lion pin set beside a corner post at 54 . 86 feet and
continuing with an established fence in all 229 . 4 feet
to a corner post for an angle point;
THENCE South 89 degrees 32 minutes 24 seconds East, 355. 76
feet with an established fence to an iron pin set in
said fence for a corner;
THENCE South 2 degrees 18 minutes 03 seconds East, 726 . 26
! t'ot_. to an iron pin set fox a corner point.
THENCE generally in a southwesterly direction down the center
{.4 of said branch as follows :
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South 8 degrees 50 minutes West, 68. 3 '
South 65 degrees 47 minutes West, 28. 58 '
South 30 degrees 14 minutes west, 84 . 78 '
North 75 degrees 29 minutes West, 62. 4 '
South 72 degrees 57 minutes West, 39. 44 '
South 09 degrees 07 seconds West, 45. 84 '
South 38 degrees 8 minutes West, 42. 37 ' to an iron
pin set in the South line established fence and hedge row as
l o L L )ws : .
.. I $ I i i I I I Ll L'111. .. i.
fence for uorrner;
THENCE South 2 degrees 18 minutes 03 seconds East, 726 . 26
feat to an iron pin set for a corner point. . •
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THENCE generally in a southwesterly direction down the center
of said branch as follows :
South 8 degrees 50 minutes West, 68 . 3 '
South 65 degrees 47 .minutes West, 28. 58 '
South 30 degrees 14 . minutes west, 84 . 78 '
North 75 degrees 29 minutes West, 62 . 4 '
South 72 degrees 57 minutes West, 39 . 44 '
South 09 degrees 07 seconds West, 45 . 84 ' •
South 38 degrees 8 minutes West, 42. 37 ' to an iron
pin set in the South line established fence and hedge row as
follow:; :
BEGINNING at an iron pin set in 'the west line of said 60. 57
acre tract, on the south side of a large Bois-d'arc corner post;
said iron pin being in the south right-of-way line of Farm Market
I<oacl 14611 , 35. 9 feet south of the northwest corner of said 60. 57
acre tract;
THENCE North 89 degrees 03 minutes east, 1007 . 62 feet. with
said south right-of-way line to a concrete right-of-way monument
set in the west line of the Rhea Mills Store Lot Creterence Vol .
41;1/ , Page 340 for a corner;
THENCE south 0 degrees 33 -minutes ii seconds west, 85 . 86 feet
to an iron pin set beside a post at the west, southwest corner of
:said f;tor.e Lot for an angle point;
THENCE south 1 degree 41 minutes 27 seconds east, 138. 31 feet
to an iron pin set for a corner;
THENCE 89 degrees 20 minutes' 58 seconds east, passing an iron
pin set beside a corner post at 54 . 86 feet and continuing with _an
. established fence in all 229 . 4 feet to a corner post for an
angle point.;
THENCE south 89 degrees 32 minutes 24 seconds east, 355 . 76 feet
with an established fence to an iron pin set in said fence for
11 corner;
THENCE south 2 degrees, 18 minutes , 03 seconds east, 726 . 26
to an iron pin set for a corner point. •
THENCE generally in a southwesterly direction down the' center
of said branch as follows :
South 8 degrees 50 minutes West, 68 . 3 feet,
South 65 degrees 47 minutes West, 28. 58 feet,
South 30 degrees 14 minutes West, 84 . 78 feet,
North 75 degrees 29 minutes West 62. 4 feet,
South 72 degrees 57 fminutes West, 39. 44 feet,
South 9 degrees 7 seconds West, 45. 84 feet •
. South 38' degrees 8 minutes West, 42. 37 feet to
,an iron pin set in the south line established fence and hedge
row as follows :
South 89 degrees 36 minutes 16 seconds West,
888 . 49 feet
South 89 degrees 49 minutes 40 seconds West,
493 . 72 feet to an iron pin set at the southwest corner of said
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60. 57 acre tract for a corner;
T1IENgE North 0 degrees 32 minutes 58 seconds West, 1209 . 57
feet to the PLACE OF BEGINNING and containing 41 . 2858 acres of land.
Passed and Approved this the 29th day of October, 1985.
Mayor
ity Secrete y
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COLLIN GREEN .
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NOTES,•RESIDENTIAL SUBDIVISION
----I •CONTOURS PRINT°SODS QUAD SHEETS - .
OELIPUE USES SUFIVEY- ABSTRACT NO. 42
....,I •INDIVIDUAL SEPTIC SYSTEMS
- •PERC TEST HOLE LOCATIONS•R,
. , •EIDE YAFO SETBACK•IS. DEVELOPER. COLLIN COUNTY LAND CO. .
;, ,L. . •REAR YARD SL78/10(s so' DAN CHRISTIE
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.,7.ratt,!tf,•'===.1";-- APPRDM Ns:,C1ty,PRDSPES V.-is_day of .1985. - I wn R 055.11 CONSULTING ENGINEERS ,
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STATE OF TEXAS §
§ PETITION
COUNTY OF COLLIN §
The undersigned being first duly sworn and cautioned says
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and deposes that he is � � 33� 9Y;
That the undersigned is the owner in fee simple of the real
estate described on the attached exhibit;
That fewer than three ( 3 ) qualified voters reside upon said
property;
That said property is contiguous to the boundaries of the City
of Prosper, Texas , and no part thereof is more than one-half ( 1/2)
mile from the present city limits ;
That the undersigned hereby requests and petitions the City
Council of the City of Prosper, Texas , to annex said property and
extend the boundaries of the City to include said property ;
That this petition is offered for the purpose of inducing the
City of Prosper, Texas to accept said territory into its municipal
limits in accordance with the provisions of Art. 974g , Vernon ' s Ann.
Civ. Stat.
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BEFORE ME by ,��✓ 17i1/?�f,�c�t.t/ • , this
ACKNOWLEDGED _
day of - ► 19 6'25- &A)—({A-(i_)
Notary Public in and for
The State of T E X A S
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j RESTRICTIONS FOR '
CY)LI,:CN GREEN
THE STATE OE TEXASI •
COUNTY OF c'OI,I, LN '
Being the owner 'off the herein described property, the undersigned
does, her. eby restri;r. t such .real property, as hereinafter set forth,
which r. es trlct .ons shall ' be binding upon the Purchaser or Pur-
•r.hasers of said lots and his/her or their assigns and successors
and administrators', to=wit: - •
I. ' ,
1 . The herein described lots may not be subdivided. ' •
2 . No implovement shall be erected, constructed, placed
or altered on any Iportion of the property until plans and speci- .
fications shall have been submitted to and approved by Dan Christie. .::
3 . No trailer, manufactured home, basement, tent or garage ,
• erected or placed km the property or any vehicle of. any kind on
. the property shah be used as either a permanent or temporary ;
residence or dwelling . .
4 . No outbuildings or garage on the property shall be
lived in a:; a.. homuQ, temporary or permanent. .
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t 5 . No te14iorary structure of any kind shall be erected
or- iplaced on the pr.operty, 'and . in no event shall any residential .
dwelling upon the 'property' be occupied until it has been fully ,
completed in accordance with the plans and specifications approved .
by Dan Christie. s
6. No par. t of the herein described property shall be used
for business purr• ses or. for any purpose other than a first-class
private residence with the customary. outbuildings and garage.
7 . Resi.de ices may not exceed two (2) stories in height . .
' or have for the use thereof more than one (1) private garage
(with or without an attached carport) for not less than two (2)
or more than four.j (4) automobiles , unless otherwise approved .by
Dan Christie. ( 4-ports must be attached to garages and will not
be otherwise allowed.
O . The total . hahitable area of any rtc resid e shall have
a minimum of 1600` square feet_ , exclusive of porches, • terraces, '
• and garages.
9 . All homes must have composition, fiberglass, . asphalt.,
cedar shingle, simulated cedar shingle, or tile roofs, unless
prior approval tg use other materials is obtained from Dan Christie., " --
10. Exterior walls of each residence constructed or
placed on the sul. ject property shall be of all new material, 'brick ' _ ' -
veneer, stone veneer, stucco, or combination, unless otherwise .
approved by Dan Christie. Said brick veneer, stone veneer, stucco, ' '
or combination shall comprise at least 60% of the exterior walls .
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11. . All utility services to any residence constructed on
the subject properly' shall be installed underground i to a minimum
of 100 feet from residence to pole. .
.1.2 . No a.ir. iconditioning apparatus shall be installed on
the ground in front of a residence or attached to any front wall .
1.3 . No usejof the property which constitutes a nuisance •
or which involves h noxious odor, excessive omission of smoke,
dust, steam or• vappr, or an excessive noise level, shall be per
milted. , •
.1.4 . Dogs, 'ats, or other household pets may be kept in
'reasonable number. si, provided that they are not kept, bred, or.
maintained for commercial purposes., Horses, cattle, sheep,
chickens, ottier domestic fowl and show animal's may be 'kept only ' " "
under the fol lowir ig conditions :
a. Ail animals, and domestic fowl may be kept only
for the use and pleasure of the owner and may not
be !kept or bred for commercial purposes.
b. AMaximumof one large animal per acre shall be
kept on the subject property. _ All enclosures
erected for such purpose must not detract from the
architecture of surrounding structures .
c. Sw'.ne may not be kept on the subject property.
15 . No paf.t of the subject property shall be used or
ma.imt-ai.ned as a dumping ground for' rubbish, Trash, garbage or , . .
waste shall not be kept except in sanitary containers which are ,
not visible from Ole front of any residence. All equipment •for"
the storage and disposal of such materials shall be kept clean ,
and in sanitary clpndition.
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16. Unless otherwise approved by Dan "Christie, no radio or' . -
television tower br antenna shall be constructed or erected on .
any lot which extends higher than fifteen (15) feet over the '
highest point of any residential structure constructed on the
property ( includipg chimneys) or extend higher than forty-five"
(45) feet from the ground level of the property if such tower or
antenna is not at-+tached to the residential structure. .
a
17 . No automobiles, trucks, boats, trailers, campers,
recreational veh.ixcles or other vehicles of whatever kind' or.
character shall tie left on the street, except that vehicles
operated by guests of owners may be temporarily j �a�rked on. the
street- during the hours of parties or other similar functions
sporrsoted by owners. No abandoned, ' unlicensed or junk vehicles
shall be kept on }the "property at any time.,: ,
18. h]..l residences or other structures constructed or
erected upon the property shall be of new construction and in no , ,
event shall any prefabricated or existing structures be moved
onto any lot- . 1 .
19 . Barns located on the property shall be of colored
steel, wood, loglor brick, and must be approved by Dan Christie.
No portable barns or buildings shall be allowed on the property.
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20. No coimuitnicat-ion receiving or transmitting device or
equipment shall. be ;used on the property which interferes with the ' ' ;t
television reception of any other owner. Satellite receivers`.
may be allowed if constructed and maintained in a manner satis-, - '
factory to Dan Christie. '
211 . A residence must be completed on the property. on' or
before nine (9) mot'ths .from the beginning date of construction. '
22 . Fences constructed along the west and north boundaries ,
of the pr.operty 'willl. be done so by the developer and be dark four . '
board ponce. An. other fencing throughout the development shall . '
e of . ed, br.i.c or pipe and cable. • No barbed wire or wire., .
or chain • link fencing will be allowed. '
23. No hunting or shooting of firearms is allowed on the '
subject property. .
24 . No motorcycles,' minibikes or off-road vehicles shall
be permitted to use any part of the subject property other than
the streets and driveways provided therein and, with an owner' s ' .
. permission, the property of an individual owner.
25. The speed limit shall be 15 miles per hour.
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-26. Any covenants and restrictions set forth herein shall ' • •
run with and bind the subject property for a term beginning on . . .
the date of t-his . declaration recording and continue for a period .
of fifteen (15) years. However, at such ,time the covenants and .
resL,?r. ictions herei 'i may be extended for a period of fifteen (15)
additional years by a majority of the owners, and the right' of '
the owners to exteid such covenants, conditions and restrictions
shall exist as long as expressed by a majority vote of said
owners. Owners may vote in person or by proxy at a meeting duly
' called for such purpose, written notice of which shall have been'
given ' to all 'owners 'at least thirty-(30•) days' in advance and shall
set forth the purpose of such meeting.
. 27. Until 'l00%' of the property is sold, Dan Christie
shall have the exclusive power and right to enforce -the re-
stricti_ons 'and covenants set forth herein, including, but note-
1 limited to, the right to bring legal, action against the alleged .
violator to cease 'and desist such alleged violation. . A fine of- '
$ 1.0 . 00 per day slia.l.l be levied on any violator of these re- . , •
strictions from tle date of violation. Prior to initiation of •
legal action, a vifolator shall have a grace period of thirty (30)
days from receipt jof written notice to 'correc,t su )i violation.
28 . After1100% of the subject property is sold, .the '
owner of any of tlje subject property may bring legal action
against any allegejd violator to cease and desist such violation • - -
if the owners of the remaining tracts have by 2/3 vote approved
such action. Any jl.egal expense shall be borne by the owner bringing
such action, and shall - in no event by owed by any .of the owners
not involved in bringing such action. .
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29 . If any section of these restrictions and covenants
shall be or become illegal, invalid, or unenforceable for any •
reason, or shall be held by any court of competent jurisdiction -
to be illegal , null or. void, such provisions shall be fully
severable and the remaining sections shall continue in full force
and effect and . shall not be affected thereby. •
3.
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30 . Each person owning any portion of the herein de •
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scribed _property shall automatically be a member of the Homeowner ' s
Association. j'he owners of the herein described property shall • .
constitute Lhel Homeowner ' s Association . The 11oMeowner ' s Association
shall have thej power and such power is hereby granted to enforce
these covenants and restrictions. •
31 . All residences or dwellings erected on any lot
shall sit no closer than 40 ' from the front property line.
32 .1 - All owners who purchase lots' from developer must •
begin construction of a single family dwelling within three (3)
years from thel date of purchase.
SIGNED THIS day of , 1986.
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DAN CHRISTIE
Y11 1.'
A • •
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ATTEST: • •
STATE OF TEXAS '
COUNTY OP ('O1.1 iN
i3EPiORE ME, the undersigned authority, on this day
personally appeared Dan Christie, known to hie to be the person
whose name is !subscribed to the foregoing instrument and acknowledged
to me that 'he !executed the same as the act and deed of the, said
i Dan Christie for the purposes and consideration herein expressed
and in the capacity therein stated.
GIVEN UNDER MY .HAND AND SEAL OF OFFICE on this. the
day of 4 , A.D. , 1986. •
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• 1 . Notary Public in and for the •
State of Texas '
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My Commission Expires: •
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