01-01 - O5009 2030
TOWN OF PROSPER, TEXAS ORDINANCE NO. 01-01
AN ORDINANCE PROVIDING FOR THE VOLUNTARY ANNEXATION OF
A TRACT OF LAND SITUATED IN THE WILLIAM H. THOMPSON
SURVEY, ABSTRACT NO. 895, AND THE SPENCER GRAHAM SURVEY,
ABSTRACT NO. 359 CONTAINING 275.75 ACRES OF LAND, MORE OR
LESS, IN PROSPER, TEXAS, COLLIN COUNTY; PROVIDING THAT THE
OWNERS AND INHABITANTS OF THE ABOVE -DESCRIBED TRACT OF
LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVELAGES 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 ORDINANCE NO. 84-16 AND ANY
AMENDMENTS THERETO; PROVIDING FOR REPEALING, SAVINGS
AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE
OF THIS ORDNANCE; AND PROVIDING FOR THE PUBLICATION OF
THE CAPTION HEREOF.
WHEREAS, the Town of Prosper ("Prosper") received a request from
Jeffory Blackard to annex a tract of land containing 275.75 acres of land, 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
WEHREAS, the City Council finds that the property the subject of this Ordinance
is one-half (1/2) mile or less in width; and
5009 2031
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
WEHREAS, the City Council finds the public hearings were conducted on or
after the fortieth (40`h) day but before the twentieth (20"') 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
WHEREAS, the City 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:
SECTION 1: 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.
SECTION 3: The Service Plan for the Property is attached hereto and made a
part hereof for all purposes.
5009 2032
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.
SECTION 5: 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.
SECTION 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.
SECTION 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 considered a separate offense; provided, however, such penal provision
shall not preclude a suit to enjoin such violation.
SECTION 8: Should any part of portion of this Ordinance, or the use created
herein or under Zoning Ordinance No. 84-16, and any amendments thereto, be declared
5009 2033
unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided
that any and all remaining portions shall remain in full force and effect.
SECTION 9: All ordinances in conflict with this Ordinance are repealed to the
extent they are in conflict, and any remaining portions of the conflicting ordinance shall
remain in full force and effect.
SECTION 10: 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.
PASSED AND APPROVED BY THE CITY OCUNCIL OF THE TOWN OF
PROSPER, TEXAS on this 18TH day of September, 2001.
C
f
J ES DUNMIRE, MAYOR
ATTESTED TO AND
CORRECTLY RECORDED BY:
AMBER PHILLIPS, CITY SECRET RY
PUBLISHED IN THE MCKINNEY COURIER GAZETTE ON SEPTEMBER 24, 2001.
5009 2034
CITY OF PROSPER, TEXAS
SERVICE PLAN FOR ANNEXED AREA
ANNEXATION ORDINANCE NO. 01-01
DATE OF ANNEXATION ORDINANCE: SEPTEMBER 11, 2001
ACREAGE ANNEXED: 275.75 ACRES
SURVEY, ABSTRACT & COUNTY: WILLIAM H. THOMPSON SURVEY, ABSTRACT NO.
895, SPENCER GRAHAM SURVEY, ABSTRACT NO. 359 CONTAINING APPROXIMATELY 275.75
ACRES OF LAND MORE OR LESS.
MUNICIPAL SERVICES TO THE ACREAGE DESCRIBED ABOVE SHALL BE FURNISHED BY OR
ON BEHALF OF THE CITY OF PROSPER, TEXAS, AT THE FOLLOWING LEVELS AND IN
ACCORDANCE WITH THE FOLLOWING SCHEDULE:
A. POLICE SERVICE
1. PATROLLING, RESPONSES TO CALLS, AND OTHER ROUTINE POLICE SERVICES,
WITHIN THE LIMITS OF EXISTING PERSONNEL AND EQUIPMENT, WILL BE
PROVIDED WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THE ANNEXATION
ORDINANCE.
2. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS AREA,
SUFFICIENT POLICE PERSONNEL AND EQUIPMENT WILL BE PROVIDED TO
FURNISH THIS AREA THE MAXIMUM LEVEL OF POLICE SERVICES CONSISTENT
WITH THE CHARACTERISTICS OF TOPOGRAPHY, LAND UTILIZATION, AND
POPULATION DENSITY WITHIN THE AREA AS DETERMINED BY THE CITY
COUNCIL WITHIN TWO AND ONE-HALF (2 'h) YEARS FROM THE DATE OF
ADOPTION OF THE ANNEXATION ORDINANCE, OR UPON COMMENCEMENT OF
DEVELOPMENT WITH THE AREA, WHICHEVER OCCURS LATER.
3. UPON ULTIMATE DEVELOPMENT OF THE AREA, THE SAME LEVEL OF POLICE
SERVICE WILL BE PROVIDED TO THIS AREA AS ARE FURNISHED THROUGHOUT
THE CITY.
B. FIRE SERVICE
1. FIRE PROTECTION AND EMERGENCY AMBULANCE EQUIPMENT BY THE
PRESENT PERSONNEL AND THE PRESENT EQUIPMENT OF THE FIRE
DEPARTMENT, WITHIN THE LIMITS OF AVAILABLE WATER AND DISTANCES
FROM THE EXISTING FIRE STATION, WILL BE PROVIDED TO THIS AREA
WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE.
2. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS AREA,
SUFFICIENT FIRE AND EMERGENCY AMBULANCE EQUIPMENT WILL BE
PROVIDED TO FURNISH THIS AREA THE MAXIMUM LEVEL OF POLICE
SERVICES CONSISTENT WITH THE CHARACTERISTICS OF TOPOGRAPHY, LAND
UTILIZATION, AND POPULATION DENSITY WITHIN THE AREA AS DETERMINED
5'009 2035
ORDINANCE 01-01
BY THE CITY COUNCIL WITHIN TWO AND ONE-HALF (2'/2) YEARS FROM THE
DATE OF DEVELOPMENT WITHIN THE AREA, WHICHEVER OCCURS LATER.
3. UPON ULTIMATE DEVELOPMENT OF THE AREA, THE SAME LEVEL OF FIRE AND
EMERGENCY AMBULANCE SERVICES WILL BE PROVIDED TO THIS AREA AS
ARE FURNISHED THROUGHOUT THE CITY.
C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES
ENFORCEMENT OF THE CITY'S ENVIRONMENTAL HEALTH ORDINANCE AND
REGULATIONS, INCLUDED BUT NOT LIMITED TO WEED AND BRUSH
ORDINANCES, JUNKED AND ABANDONED VEHICLE ORDINANCE, AND ANIMAL
CONTROL ORDINANCES, SHALL BE PROVIDED WITHIN THIS AREA 60 DAYS TO
THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. THESE ORDINANCES
AND REGULATIONS WILL BE ENFORCED THROUGH THE USE OF EXISTING
PERSONNEL.
COMPLAINTS OF ORDINANCES OR REGULATION VIOLATIONS WITHIN THIS
AREA WILL BE ANSWERED AND INVESTIGATED WITHIN 60 DAYS OF THE
EFFECTIVE DATE OF THE ANNEXATION ORDINANCE.
2. INSPECTION SERVICES, INCLUDING THE REVEIW OF BUILDING PLANS, THE
ISSUANCE OF PERMITS AND THE INSPECTION OF ALL BUILDINGS, PLUMBING,
MECHANICAL, AND ELECTRICAL WORK TO ENSURE COMPLIANCE WITH CITY
41r CODES AND ORDINANCES WILL BE PROVIDED WITHIN 60 DAYS OF THE
EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. EXISTING PERSONNEL
WILL BE USED TO PROVIDE THESE SERVICES.
3. THE CITY'S ZONING, SUBDIVISION, SIGN, AND OTHER ORDINANCES SHALL BE
ENFORCED IN THIS AREA BEGINNING WITHIN 60 DAYS OF THE EFFECTIVE
DATE OF THE ANNEXATION ORDINANCE.
4. ALL INSPECTION SERVICES FURNISHED BY THE CITY OF PROSPER, BUT NOT
MENTIONED ABOVE, WILL BE PROVIDED TO THIS AREA BEGINNING WITHIN 60
DAYS OF THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE.
5. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS AREA,
SUFFICIENT PERSONNEL WILL BE PROVIDED TO FURNISH THIS AREA THE
SAME LEVEL OF ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT
SERVICES AS ARE FURNISHED THROUGHOUT THE CITY.
D. PLANNING AND ZONING SERVICES
THE PLANNING AND ZONING JURISDICTION OF THE CITY WILL EXTEND TO
THIS AREA WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THE
ANNEXATION ORDINANCE. CITY PLANNING WILL THEREAFTER
ENCOMPASS THIS PROPERTY, AND IT SHALL BE ENTITLED TO
CONSIDERATION FOR ZONING IN ACCORDANCE WITH THE CITY'S
COMPREHENSIVE PLAN.
S009 2036
ORDINANCE NO.01-01
E. PARK AND RECREATION SERVICES
1. RESIDENTS OF THIS PROPERTY MAY UTILIZE ALL EXISTING PARK AND
RECREATIONAL SERVICES, FACILITIES, AND SITES THROUGHOUT THE CITY,
BEGINNING WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THE ANNEXATION
ORDINANCE.
2. ADDITIONAL FACILITIES AND SITES TO SERVE THIS PROPERTY AND ITS
RESIDENTS WILL BE ACQUIRED, DEVELOPED, AND MAINTAINED AT
LOCATIONS AND TIMES PROVIDED BY APPLICABLE PLANS, POLICIES AND
PROGRAMS AND DECISIONS OF THE CITY OF PROSPER.
3. THIS PROPERTY WILL BE INCLUDED IN ALL PLANS FOR PROVIDING PARKS
AND RECREATION SERVICES TO THE CITY. THE SAME LEVEL OF PARKS AND
RECREATION SERVICES SHALL BE FURNISHED TO THIS PROPERTY AS IS
FURNISHED THROUGHOUT THE CITY.
4. EXISTING PARKS, PLAYGROUNDS, AND OTHER RECREATIONAL FACILITIES
WITHIN THIS PROPERTY SHALL, UPON DEDICATION TO AND ACCEPTANCE BY
THE CITY, BE MAINTAINED AND OPERATED BY THE CITY OF PROSPER, BUT
NOT OTHERWISE.
F. SOLID WASTE COLLECTION
1. SOLID WASTE COLLECTION SHALL BE PROVIDED TO THE PROPERTY IN
ACCORDANCE WITH EXISTING CITY POLICIES, BEGINNING WITHIN 60 DAYS OF
THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. RESIDENTS OF THIS
PROPERTY UTILIZING PRIVATE COLLECTION SERVICES AT THE TIME OF
ANNEXATION SHALL CONTINUE TO DO SO UNTIL IT BECOMES FEASIBLE
BECAUSE OF INCREASED DENSITY OF POPULATION TO SERVE THE PROPERTY
THROUGH THE MUNICIPALITY. COMMERCIAL REFUSE COLLECTION SERVICES
WILL BE PROVIDED TO ANY BUSINESS LOCATED IN THE ANNEXED AREA AT
THE SAME PRICE AS PRESENTLY PROVIDED FOR ANY BUSINESS CUSTOMER
WITHIN THE CITY OF PROSPER, UPON REQUEST.
2. AS DEVELOPMENT AND CONSTRUCTION COMMENCE ON THIS PROPERTY, AND
POPULATION DENSITY INCREASES TO THE PROPERTY LEVEL, SOLID WASTE
COLLECTION SHALL BE PROVIDED TO THIS PROPERTY IN ACCORDANCE WITH
THE CURRENT POLICIES OF THE CITY AS TO FREQUENCY, CHANGES AND SO
FORTH.
3. SOLID WASTE COLLECTION SHALL BEGIN WITHIN 60 DAYS OF THE EFFECTIVE
DATE OF THE ANNEXATION ORDINANCE.
G. STREETS
1. THE CITY OF PROSPER'S EXISTING POLICIES WITH REGARD TO STREET
MAINTENENCE, APPLICABLE THROUGHOUT THE ENTIRE CITY, SHALL APPLY
TO THIS PROPERTY BEGINNING WITHIN 60 DAYS OF THE EFFECTIVE DATE OF
5009 2037
ORDINANCE NO. 01-01
THE ANNEXATION ORDINANCE. UNLESS A STREET WITHIN THIS PROPERTY
HAS BEEN CONSTRUCTED OR IS IMPROVED TO THE CITY'S STANDARDS AND
SPECIFICATIONS, THAT STREET WILL NOT BE MAINTAINED BY THE CITY OF
PROSPER.
2. AS DEVELOPMENT, IMPROVEMENT OR CONSTRUCTION OF STREETS TO CITY
STANDARDS COMMENCES WITHIN THIS PROPERTY, THE POLICIES OF THE CITY
OF PROSPER WITH REGARD TO PARTICIPATION IN THE COSTS THEREOF,
ACCEPTANCE UPON COMPLETION, AND MAINTENENCE AFTER COMPLETION,
SHALL APPLY.
3. THE SAME LEVEL OF MAINTENENCE SHALL BE PROVIDED TO STREETS
WITHIN THIS PROPERTY WHICH HAVE BEEN ACCEPTED BY THE CITY OF
PROSPER AS IS PROVIDED TO CITY STREETS THROUGHOUT THE CITY.
4. STREET LIGHTING INSTALLED ON STREETS IMPROVED TO CITY STANDARDS
SHALL BE MAINTAINED BY THE EXISTING FRANCHISE IN ACCORDANCE WITH
CURRENT POLICIES.
H. WATER SERVICES
1. CONNECTION TO EXISTING CITY WATER MAINS FOR WATER SERVICE FOR
DOMESTIC, COMMERCIAL, AND INDUSTRIAL USE WITHIN THIS PROPERTY
WILL BE PROVIDED IN ACCORDANCE WITH EXISTING CITY POLICIES. UPON
CONNECTION TO EXISTING MAINS, WATER WILL BE PROVIDED AT RATES
ESTABLISHED BY CITY ORDINANCES FOR SUCH SERVICE THROUGHOUT THE
CITY.
2. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS PROEPRTY,
WATER MAINS OF THE CITY WILL BE EXTENDED IN ACCORDANCE WITH
PROVISIONS OF THE SUBDIVISION ORDINANCE AND OTHER APPLICABLE
ORDINANCES AND REGULATIONS. CITY PARTICIPATION IN THE COSTS OF
THESE EXTENSIONS SHALL BE IN ACCORDANCE WITH THE APPLICABLE CITY
ORDINANCES AND REGULATIONS. SUCH EXTENSIONS WILL BE COMMENCED
WITHIN TWO AND ONE-HALF (2'h) YEARS FROM THE DATE OF ADOPTION OF
THE ANNEXATION ORDINANCE, OR UPON COMMENCEMENT OF
DEVELOPMENT OF A SUBDIVISION WITHIN THIS PROPERTY, WHICHEVER
OCCURS LATER.
3. WATER MAINS INSTALLED OR IMPROVED TO CITY STANDARDS WHICH ARE
WITHIN THE ANNEXED AREA AND ARE WITHIN DEDICATED EASEMENTS
SHALL BE MAINTAINED BY THE CITY OF PROSPER BEGINNING WITHIN 60
DAYS OF THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE.
4. THEIR OWNERS, IN ACCORDANCE WITH EXISTING POLICIES APPLICABLE
THROUGHOUT THE CITY, SHALL MAINTAIN PRIVATE WATER LINES WITHIN
THIS PROPERTY.
I. MISCELLANEOUS
5009 2030
ORDINANCE NO. 01-01
1. ANY FACILITY OR BUILDING LOCATED WITHIN THE ANNEXED AREA AND
UTILIZED BY THE CITY OF PROSPER IN PROVIDING SERVICES TO THE AREA
WILL BE MAINTAINED BY THE CITY COMMENCING UPON THE DATE OF USE OR
WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE,
WHICHEVER OCCURS LATER.
2. GENERAL MUNICIPAL ADMINISTRATION AND ADMINISTRATIVE SERVICES TO
THE CITY SHALL BE AVAILABLE TO THE ANNEXED AREA BEGINNING WITHIN
60 DAYS OF THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE.
P
S�3E1:;—> ' !S; AFF 1"DAV=T
THE STATE OF TEXAS
COUNTY OF COLLIN
Before me, this uadersigned authority, on this day personally appeared Ji7 ?eb.rtson who being by me duly sxora,
deposes and says that he is the Publisher a The Nc�inney Courier-Ga_att: �d that said aewsoaoer meets tha
requrremeats of Section 201.044 of the Texas Government Code, to with:
1. It devotes not less than tweaty-five oerceat (253) of its �U total column lineage to general iaterast items; 9riatar's Fee
I(o .
2. it 1s published at least once each raas;
1. it is entered as second-class postal matter in the county
where it is published; �c
-. it has been published regularly and continuously since
v
1897; and
5. it is generally circulated within Collin County.
Publisher Further deposes and says that the attached notice
was published in said newspaper on the followiaq date(s) to wit;
LIU I L U L QILU :U*L.2!:::
SUBSCRIBED AND SWORN -BEFORE ME by Jim Robertson who
L' aI is personally known to me, or
b) provided the follyq evidence to establish
his/her identity,
on this thp,—,21_day
to certify which witness my h d and seal of o
170tary -Public, Stat= a_ T_sas
5009 2039
iJ
pr6Mff el
ANY F0D!+
DESCP,I 41DN NER¢IN
UNENFpRC R{ pA0PE1YNrCNRESIRID TMESACE,
(TNESIAFF�FUNOFRF BfCAUSEA
ab ME iy1h� A5/ FDFR1� lAW pp CO(� pR �q f IS R Uss ►NE
NV AND dsolRealP Y01by 0
fdew �oth,F11 u 'OU9NrY
OFCOumv
OADFD, in fhE Ofli iy pow
SE p 2 4 2001
C�%�w ('1 aoJP� OF CO��yco
111 � f r R cordd in:
ol�inouny, McY.inney TX
Honorable Helen Starnes
Collin County Clerk
On,tSeg,24 001
Doc/Num 2001- 0119934
Recordin /Type:OR 27.00
Receipt #: 31364
N
Morxtfijf 6eptetrtdplP 2� iand
ANY A _ MENa }
YOUR
r a Ih
Monday, October 8, 2001
THERETO; PROVIDING FOR
'SAVINGS
to, sell and goes and
REPEALING, AND
SEVE{1MILITY CLAUSES;
ADVERTISEMENTbtt
whispers in a well, ;
ice,
LEGAL NOTICE
PROVIDING FOR AN
c
STAND 0u�?'
IS IIOt SO apt t0 get;
The Frisco 'Independent
Schobl;. wile accept
EFFECTIVE DATE OF � HIS
ORDINANCE; AND
your classified' advertisin
the dollars as hi Who
climbs tree and .
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,District
'for
PROVIDING FOR', THE
: repfesentative' can, h
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paslger special; needs
PUBLICATION OF you make ,sure "you are
hOBers.
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CAPTION HEREOFnOtlCedl
Just ask about
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"Bold Words"! 872-
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mailed . to 690d Coon Ln;
Frisco, ` " Teacets' 75034.
542-2631
YOU Gerl See how alCph01
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Proposals will be awarded by
o be published in
Courier
Special Notices
'effecting: •someone
the Board of Trustees on
McKinney -Gazette "on
else. Can y04;see what R
October 15, 2001. Documents
Monday, September 24, 2001.
Isdoing to you?. There is
may be ,obtained from Karen
LEGALNOTIGE
help for the entire family..
AN
Sadler at the above. address,
CLASSIFIED
Meetings Men„Uee.,
meets!
or by calling 972=335-6035.
THE STATE OF TEXAS
.
ADVERTISING
Thurs. '8 m; Sat'9em? 802
p
momi n9
First 0
E University Dr. (US 'Y
To be 'published in the
McKinney Courier -Gazette on
To: THE KNOWN HEIRS OF
MING-Publication
S HSUAN,
Policy
380 at Throckmortion,
)
McKinney. 942-548-9161 '
'Munch, 3
(Berge
Monday, September 24, 2001
DECEASEEDD AND THE
DECE
publisher exercises the righ
Caldwell4
KNOWN HEIRS WHOSE
o edit or reject copy t
LEGAL NOTICE •
U
ADDRESSES CANNOT BE
TOWN OF
ASCERTAINED.
PROSPER,TEXAS
You and each of youare
hereby cited, required and
ORDINANCE NO.01-16
commanded to appear before
the County Court of COLLIN
AN' ORDINANCE CREATING
County, Texas in the University
THE PLANNINGAND
Drive Courts Facility of said
ZONING COMMISSION OF
county in the .city of
COLLIN
THE TOWN OF PROSPER,
COUNTY, TEXAS, 'such
COUNTY,
TEXAS; PROVIDING FOR
appearance to be at or before,
THE APPOINTMENT OF ITS
ten o'clock a.m: of the first
MEMBERS AND THE
Monday next after the
METHOD " OF . FILLING
expiration of ten days from the
VACANCIES; PROVIDING
date of service, exclusive of
FOR THEN ADOPTION OF
the day of such service, which
THE RULES. AND
dayand date of service shall
(
REGULPCfIONS; PROVIDING
FOR REPEALING, SAVINGS
be the -date of publication that
AND SEVERABILITY
this newspaper bears, and
which appearance shall be at
CLAUsIs PROVIDING FOR
§uch time on such Monday,
AN EFFECfI1fE'.DATE OF
which will'be the 8TH day of
THIS .(1RDIRANCE; AND
OCTOBER' W01; by filing
PROVIDING FOR THE
PUBLICATION ' OF THE
written answer to the
#
HEREOF.
application hereinafter
mentioned, contesting same,
should they or any of them
published in the
TcKinney
sire to do , so, which
Courier -Gazette on
application, will, at such 10 -
be
Monday, September 24, 2001,
o'clock hour and such place
acted on, said application
ILEGALNOTICE
having been filed by I
court o
WANG in said .court on
'
TOWN OF
SEPTEMBER 19, 2001, and
PROSPER,TEXAS
now ., pending - there, in a
a
proceeding on the probate
ORDINANCE NO.01-01
docket of said court, styled
'OF
ESTATE MING-SHAN
AN ORDINANCE PROVIDING
HSUAN, DECEASED the file
FOR -.'THE VOLUNTARY
number of which application
ANNEXATION OF A TRACT
-IN
and the docket number of
which is P13-001-
i
OF LAND SITUATED THE
WILLIAM H THOMPSON
-proceedings
455-01, the nature of such
SURVEY, ABSTRACT NO.
application being for
APPLICATION TO
895, - AND. THE. SPENCER
GRAHAM SURVEY,
DETERMINE HEIRSHIP AND
ABSTRACT NO. 359
FOR APPOINTMENT OF
CONTAINING 275.75 ACRES
INDEPENDENT,
OF LAND, MORE OR LESS,
ADMINISTRATOR.
i
IN - PROSPER, - TEXAS,
It this citation is not served
l-
.
COLLIN COUNTY;
within 90 days after date of its
PROVIDING THAT THE
issuance, it shall be returned
l
OWNERS AND INHABITANTS
unserved: "
Witness, Helen Starnes, clerk
l
OF THE ABOVE -DESCRIBED
TRACT OF LAND SHALL BE
of county court of Collih,
i
ENTITLED TO THE RIGHTS
County.
Given -under my hand and the,
i
:
AND PRIVILEGES OF
OTHER CITIZENS . 'OF.
seal of said court, at office in
..
PROSPER, AND BE' BOUND
the. City of. McKinney, Texas,
1
BY 'THE ACTS AND
this 20th day of September,
ORDINANCES NOW IN
2001.
Helen Starnes, Clerk
ECT AND HEREINAFTER
A PIED; PROVIDING FOR
Clerk of County Court of
.
A PENALTY FOR A
Collin County Texas•
. '
VIQQ, LATIONOF THIS
ly., Brenda Coxsey, Deputy
i
IaDINANCE AND
Lost and Found
`
$te' Reward:BIM Dog
male, white w/brown , spots,
�.:
answers to fred. Lost in Anna,; ,
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8170 after 22
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ewspaper. Meets night at 8:00
Errors and Corrections p m.; W6 at no
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;brrection of ' rors by th i p.m_;
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rr to Spa m tins 8:00 p.m.
..,...01B(6y,
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lay;M aydlfnes a 4 mile East Of Hwy 5. Old &'Nw
D p., Fri"
1
Error pon Ility ' 972-548-9161. m
Mc ey, Courier
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ort at .once any error. (US 300
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i
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Deadline
Display, Camara
Reedy Reservations,
Artwork: 5:pm. 2 days
proceeding. Proof?
need • 5:pm 2 days
proceeding. Legs
Notices 2 days
proceeding
TINE " AD 10:00AM,
day before
publication, Tuesday
thru ` Yhursdy.
10:OOAM on Friday fm
Sunday's' •publjcath^
2.00pm Friday for
Mondays publication.
NEW,. NON-SMOKING AA
in McKinney (beginning
March 21) meets' ;.on,
C- Wi
Wednesdays- at 7, p.m., at .
H10)1
2101 Stonebridge" Dr.. .
(Crosspoint Church .M*r
726-0032.
The
Overeaters Anonymous
First Christian Church,
Ing 9
McKinney on W. Hunt° St,
Wednesdays at 7:30pm.
rgrlw
972-562-5261.
iHISSPAMICEANAWCALL
CHARGE ,IT!
MasterCirdt . yp}a�u�,y
Call 542- ce yow atl
*0
COM ROLLER OF PUBLIC ACCOUNTS
o P.O. BOX 13528
AUSTIN, TX 78711-3528
October 12, 2001
Ms. Amber Phillips
City Secretary
City of Prosper
Post Office Box 307
Prosper, Texas 75078
Dear Ms. Phillips:
We have received annexation ordinance no. 01-01 and the map indicating the area to be annexed
into the City of Prosper.
The local sales and use tax will become effective January 1, 2002 in the area indicated on the
map.
You stated in our conversation today that no businesses were annexed with this ordinance. You
also confirmed for me that the following utility companies service the annexed area:
TXU Electric Company
Denton County Electric Cooperative (Co -Sere)
TXU Gas Company
Denton County Electric Cooperative (Co-Serv)
Friendship Cable of Texas (Classic Cable)
If any of this information is incorrect or you have any questions, please contact me right away.
You can call me toll free at 1-800-531-5441, extension 34443. The regular number is
512/463-4443.
Sincerely,
Karen J. Fowl r
Revenue Accounting Division
Tax Allocation Section
U.S. Depart of Justice
Civil Rights Division
JDR:DHH:BGE:par
DJ 166-012-3
2001-3049
Ms. Amber Phillips
Town Secretary
P.O. Box 307
Prosper, Texas 75078
Dear Ms. Phillips:
Voting Section
P.O. Box 66128
Washington, DC 20035-6128
November 5, 2001
This refers to the annexation (Ordinance No. 01-01 (2001))
to the Town of Prosper in Collin County, Texas, submitted to the
Attorney General pursuant to Section 5 of the Voting Rights Act,
42 U.S.C. 1973c. We received your submission on September 24,
2001.
The Attorney General does not interpose any objection to the
specified change. However, we note that Section 5 expressly
provides that the failure of the Attorney General to object does
not bar subsequent litigation to enjoin the enforcement of the
change. See the Procedures for the Administration of Section 5
(28 C.F.R. 51.41).
e#ely,
,/ k.josepn iff. x
Chief, Voting ection
Enclosure
Town of Prosper
P.O. Box 307
Prosper, Texas 75078
(972) 347-2304 Metro (972) 346-2640
Date: September 19, 2001
To: McKinney Courier Gazette
Fax: (972) 529-1684
From: Amber Phillips
City Secretary
Town of Prosper
Fax (972) 347-2111
Please publish the following caption one (1) time in your Monday, September 24,
2001 edition of the McKinney Courier Gazette. Publisher's Affidavit is requested.
Thank You,
Amber Phillips
If you do not receive all of these pages, please advise.
Page 1 of 2
TOWN OF PROSPER, TEXAS ORDINANCE NO. 01-01
AN ORDINANCE PROVIDING FOR THE VOLUNTARY ANNEXATION OF
A TRACT OF LAND SITUATED IN THE WILLIAM H. THOMPSON
SURVEY, ABSTRACT NO. 895, AND THE SPENCER GRAHAM SURVEY,
ABSTRACT NO. 359 CONTAINING 275.75 ACRES OF LAND, MORE OR
LESS, IN PROSPER, TEXAS, COLLIN COUNTY; PROVIDING THAT THE
OWNERS AND INHABITANTS OF THE ABOVE -DESCRIBED TRACT OF
LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVELAGES 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 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.
If you do not receive all of these pages, please advise.
Page 2 of 2
Pagel of 3
Jennifer Finley
From: "Riggs, Darin C" <darin.riggs@eds.com>
To: <JWalker@americorp.com>
Cc: "Amber Phillips" <Amber Phillips@prosperbc.org>; "Charles Niswanger"
<charies niswanger@prospertx.org>; "Janet Phillips" <janetph@nortelnetworks.com>; "Jennifer
Finley" <Jennifer Finley@prosperbc.org>; "Jim Dunmire" <jdunmire@jcpenney.com>; "Michael
Perry" <mcp@mbm-inc.com>
Sent: Monday, August 20, 2001 10:38 AM
Subject: RE: Tuesday's agenda
Feedback and clarification on Developers and Impact Fee Agreement(Whispering
Farms)...
3. Why dedication of park by warranty deed?
3. What is the purpose of $5000 credit of land above dedication? The total
impact fee represents a credit of $3700.
5. Blackard to double chip & Seal to county specification and maint for
build -out duration.
7a. What issues exist with Danville? Remember what Folsom said about
getting your dog in some -one else's fight.
7c. Is the height restriction something that Blackard is requesting? If so,
then remove the limit of $12,000.
7e. Will this provide enough security for the well and storage equipment?
7g3. This seems to be ticky-tack. Have we required other developments to
over -size the line? Have we provided reimbursement for others? How much
money are we talking?
9. "Construction Manager" fee. Strike all of number 9. What they will be
doing is helping themselves as well as the community as a whole. I find it
utterly ridiculous that Blackard is seeking a fee of any type to help push
this through. It states that Prosper will contract with Blackard to design
and construct a municipal sewage treatment plant.... Has Blackard "designed
and constructed" a plant of this nature before or have the hired someone to
do this? What are we paying for? If it is the lobby to help push it
through Austin then maybe our money is better spent by temporarily funding a
lobbyists.... Just my two cents, this paragraph really over cooks my grits!
10b. Addressed above.
11 a. Do not wish to reimburse Blackard. If we have an obligation to pay
then we need to pay the supplier directly. I do not want to get into a deal
where we are needing to physical reimburse any developer.
11 b. Remove this section.
Thanks,
Darin
-----Original Message -----
From: JWalker@americorp.com[mailto:JWalker(a7americorp.com]
Sent: Monday, August 20, 2001 10:51 AM
To: Amber Phillips; Charles Niswanger; Janet Phillips; Jennifer Finley;
Jim Dunmire; Michael Perry; Riggs, Darin C
8/20/01
Page 1 of 4
Jennifer Finley
From: "Janet Phillips" <janetph@nortelnetworks.com>
To: "Jeff Walker" <JWalker@americorp.com>
Cc: "Amber Phillips" <Amber Phillips c@prosperbc.org>; "Charles Niswanger"
<charles niswanger@prospertx.org>; "Janet Phillips" <janetph@nortelnetworks.com>; "Jennifer
Finley" <Jennifer Finley@prospertx.org>; "Jim Dunmire" <jdunmire@jcpenney.com>; "Michael
Perry' <mcp@mbm-inc.com>; "Riggs, Darin C" <darin.riggs@eds.com>
Sent: Friday, August 17, 2001 11:02 AM
Subject: Whispering Farms PD feedback
Hi Jeff, Below are my comments on the Blackard or Whispering Farms PD. If you
have any questions, please let me know. You can reach me at my home office 972-346-
3911 or via cell 214-868-8645 the rest of today and Monday.
Take care,
Janet Phillips
Town of Prosper, Council Seat 5
Phone: 972.684.3563 wk, Wk Fax: 972-684-3044, Hm Fax: 972-346-2599 Cell: 214-868-8645 Email: janetph@nortelnetworks.com
P.S. it may be time to alter our corridor ordinance wrt to Hardi-Plank. Thoughts?
1. Page 1:
a. Permitted uses - utility distribution lines and facilities (all run underground)
b. Permitted uses -detached freestanding ... change 3' rear setback to 15'; the 3'
side yard setbacks for detached freestanding accessory building is OK with me.
2. page 2:
a. masonry: change 75% to 85%; change 25% to 15%; don't know how I feel about
hardi-plank one residential yet, still thinking about this one.
b. Bar ditches and culverts: change item b) "to ensure the designed drainage
capacity". To be "to ensure the designed drainage capacity as approved by the city
engineer. The maintenance of these bar ditches and culverts will be the responsibility
of the home owners association."
3. Page 3:
a. Single family - type A, tract I -A:
i. Item c) - good!
ii. Item d) - change lot width to 110' minimum; with min going to 90' on cul-de-sacs,
8/17/01
Page 2 of 4
etc.
iii. Item e) - change lot depth from 140' to 150' minimum
iv. Item g) - change side yard min from 10' to 15'; against sidewalk from 15' to 20'
b. Single family - type 8, tract I-13:
i. Item b) - change to 15,000 square feet (I like even numbers, also 15K=1/3 acre)
ii. Item c) - change 45% to 40% lot coverage
4. Page 4:
i. Item d) - change lot width to 100' minimum; with min going to 80' on cul-de-sacs,
etc
ii. Item e) - change lot depth from 120' to 140' minimum on cul-de-sacs, etc. (the
160' min depth is OK with me)
b. Single Family - type C on tract I-D: - delete this section.
5. page 6:
a. town home / patio home tract I-TH-A - have we talked about these before? If
not, then delete this section. If yes, then let's get a friendly developer to help us
review this section as I don't know what to look for in this area.
6. Page 7.
a. Item f) - I don't understand what is meant by a "flag lot".
7. Page 8:
a. No comments
8. Page 9:
a. Architectural standards
i. Item d) - I prefer attached buildings as opposed to buildings with narrow
walkways between them. I've watched too much TV I suppose - this is always where
murders, rapes, drug deals, muggings, etc. happen - in these small enclosed areas.
b. General requirements for ...
i. Item a) - change 15' to 5' extending into the front yard area. This is consistent
with La Cima.
ii. Item b) - delete this item.
9. Page 10:
i. Item c) - change both the 24' and 27' to be 31' wide streets. Delete the
following sentences: "if lots smaller then 14,490 square feet are platted in Tract I-D
as a part of future phases of development, these lots will be services with mountable
curb and gutter details as approved by the city of Prosper engineer" and "if future
phases of development for tract I-TH do not plat as TH lots, then these lots will be
services with bar ditches provided they are of at least 14,490 square feet in area".
My thoughts are that sentence 1 doesn't apply anymore because we deleted section I-
D and sentence 2 implies (to me) that what is agreed to on the plat may change at
8/17/01
Page 3 of 4
their discretion at some future date - not gonna happen.
ii. Item f) - need to add text around a 4' sidewalk will be provided on all residential
streets. We can probably steal some text from La Cima if you want to. Just let me
know.
iii. Item j) Perimeter screening -don't understand what they're trying to say in
"developer shall not be required to erect, but shall be permitted to..." can you explain
this a bit more?
iv. Item j) Walls - delete the text saying they can put walls/fences in the front
yard. Delete the following text "but will be required for any lot on tract I-D.... There
may exist special lot conditions where the front building lines are off -set for adjacent
lots whereby privacy walls may be required within the front building line for privacy
conditions." I would prefer they treat this special condition by coming to council for a
variance.
10. Page 11
a. General description: change I-D to I-B.
b. Permitted uses: delete the following:
i. Automobiles sales, service and leasing, new and used
ii. "billboard and advertising" text
11. Page 12
i. Governmental and utility agencies, offices and facilities - delete "unless screened"
- leave it as "no outdoor storage."
ii. Meat markets - let's make this within the grocery store
12. page 13
i. Accessory buildings and uses customarily incidental to the permitted uses.
13. Page 14
i. "Uses similar to the above mentioned permitted uses, provided the Prosper city
council approves said uses prior to the issuance of a building permit".
b. Required parking
i. Delete "parking shall be permitted within all required yard areas". The remaining
text states they will abide by the corridor ordinance.
C. Off-street parking
i. Delete "parking shall be permitted within all required yard areas". The remaining
text states they will abide by the corridor ordinance.
8/17/01
Page 4 of 4
d. Building materials
i. Delete hardi-plank entirely (?). Delete the following sentence whatever the
decision is on hardi-plank "additionally, a structure may be comprised of 50% brick,
stone or other conventional material and the balance of the exterior finish to be
hardi-plank".
14. Page 15
a. Side yard
i. Item c) - change 24' to be 31' .
b. Rear yard
i. Item c) - change 24' to be 31'.
C. Screening wall
i. Delete the last sentence of the 1st paragraph and replace it with "this screening
wall shall be constructed at the beginning of the commercial property development and
shall encompass the entire dividing line between residential and commercial areas."
Add the following to the last sentence of the 2nd paragraph "combination thereof and
be fronted by a soft screen of red tipped phontenias along the entire screening wall."
8/17/01
HAGEN & PARSONS
A PROFESSIONAL COpPORATION
ATTORNEYS AND COUNSEL0A6
TIM HAGEN NORTH CENTRAL PLAZA THREE
DIRECT DIAL NUMBER: 12801 NORTH CENTRAL EXPRESSWAY, SUITE 370 TELEPHONE 1972) 386-0440
(972) 386 0441 DALLAS, TEXAS 75243 FAX 1972) 386-0443
August 9, 2001
VIA FAX 9721668-0207
Mr. Mike Beaty
Blackard Developments, Inc.
5385 FM 2934
Frisco, Texas 75034
Re: Co ntr 1 Estate (the "Contract") by and between the owner
of and Blackard Developments, Inc., as purchaser
Our ile o. JDB-1550
Dear Mike:
Enclosed for your review is an initial draft of the Contract. Prior to executing the
Contract, various blanks in the Contract will need to be completed and a legal description of the
property should be attached to the Contract, as Exhibit "A."A."
Please give me a call if you have any questions or comments.
TDH:cw
Enclosure
Very truX yours,
C THOBU0H115501Beaty 08-09-01
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Iwo
LJ
CONTRACT FOR PURCHASE OF REAL ESTATE
THIS CONTRACT is made and entered into by and between BLACKARD
DEVELOPMENTS, INC., a Texas corporation ("Purchaser"), and
("Seller").
ARTICLE I
SALE OF PROPERTY
Subject to the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and
Purchaser shall purchase from Seller a tract or parcel of real property containing approximately
17 acres, being described on Exhibit "A" attached hereto and fully incorporated herein by
reference for all purposes, including any right, title and interest of Seller in and to adjacent streets,
alleys and rights -of -way, and all improvements, if any, located thereon (the "Property"). Upon
completion of the Survey (hereinafter defined), the legal description on the Survey shall be
substituted for all purposes as the description of the Property, which legal description shall be
incorporated into this Contract and used in all closing documents.
ARTICLE II
PURCHASE PRICE AND EARNEST MONEY
2.1 The purchase price (the "Purchase Price") for the Property shall be the lesser of (i)
an amount determined by multiplying $12,500.00 by the number of gross acres in the Property,
as shown on the Survey or (ii) an amount determined by multiplying $22,500.00 by the number
of net acres in the Property, as shown on the Survey. As used herein, the term "net acres" shall
mean the gross number of acres contained within the Property less the number of acres located
within roads, streets, rights -of -way, 100 year flood plains or other flood prone areas, as shown
on and certified to on the Survey.
2.2 Three (3) business days after the final execution of this Contract by all parties
hereto, Purchaser shall deliver its check in the amount of Ten Thousand Dollars ($10,000.00) (the
"Earnest Money") to the Title Company (hereinafter defined). The proceeds of such check shall
be invested in an interest bearing account at the direction of Purchaser. Any interest accrued upon
the Earnest Money shall be and remain the sole and separate property of Purchaser and shall be
disbursed to Purchaser from time to time, upon request by Purchaser. In the event this Contract
is closed, Purchaser may elect either to apply the Earnest Money to the Purchase Price due at
Closing or to have the Earnest Money returned to Purchaser, In the event this Contract is not
closed, then the Title Company shall disburse the Earnest Money in the manner provided for
elsewhere herein. Simultaneously with the execution of this Contract by all parties hereto,
Purchaser shall also deliver to Seller the sum of Fifty and No/100 Dollars ($50.00) in cash, which
Seller acknowledges is adequate consideration for Seller entering into this Contract, and which
Seller shall, in all events, retain. Such sum shall be applied against the cash payment due at the
Closing.
CAFi1esUDH11550\Church Site Contract
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ARTICLE III
PAYMENT OF PURCHASE PRICE
The Purchase Price shall be payable at Closing in cash, by wire transfer, cashier's or
certified check or other evidence of funds acceptable to the Title Company for immediate
disbursement at Closing.
ARTICLE IV
TITLE AND SURVEY
4.1 On or before fifteen (15) days after the date hereof, Seller shall cause to be
delivered to Purchaser a Commitment for Title Insurance (the "Commitment") dated not earlier
than the date of this Contract, issued by Chicago Title Insurance Company (the "Title Company"),
2001 Bryan Street, Suite 1700, Dallas, Texas 75201 (Attn: Ted Darby), describing the Property,
specifying Purchaser as the prospective named insured, showing the Purchase Price as the
prospective policy amount, showing the status of title of the Property and all exceptions
(including, but not limited to, easements, restrictions, rights -of -way, covenants, reservations,
encumbrances, liens and other conditions, if any, affecting the Property) which would appear in
an Owner Policy of Title Insurance, if issued, together with true, correct and legible copies of all
items and documents referred to therein.
4.2 On or before fifteen (15) days after the date of this Contract, Seller, at the Seller's
sole cost and expense, shall cause to be prepared and furnished to Purchaser a current survey (the
"Survey ") of the Property, prepared by a land surveyor or engineer acceptable to Purchaser. The
Survey shall be currently dated (within the last three months), shall show the location on the
Property of all improvements, fences, 100 year floodplains and other flood prone areas,
easements, roads, streets, rights -of -way, building or other setback areas, protrusions, conflicts and
encroachments, and shall contain a legal description of the boundaries of the Property by metes
and bounds (which shall include a reference to the recorded plat, if any), and a computation of
the area comprising the Property in both gross acres and net acres (to the nearest one -thousandth
of said respective measurement). Any and all recorded matters shown on the Survey shall be
legibly identified by appropriate volume and page recording references, and the Survey shall show
the location of all streets adjoining the Property. The Survey shall contain the surveyor's
certification in a form acceptable to Purchaser.
4.3 Purchaser shall have until the later to occur of (a) fifteen (15) days following the
receipt of the Commitment, legible copies of the documents referred to therein as conditions or
exceptions to title and the Survey or (b) the expiration of the Inspection Period (the "Review
Period") to review such items. If Purchaser shall fail to give any notice in writing to Seller prior
to the expiration of the Review Period, Purchaser shall be deemed to have approved such items
and shall have waived any objection it may have to the items described in Sections 4.1 and 4.2
hereof. If Purchaser shall disapprove any such items, Purchaser shall notify Seller in writing of
such fact on or before the expiration of the Review Period, and Seller shall have until Closing to
use its best efforts to cure or remedy such item. In the event Seller fails to cure or remedy the
items giving rise to Purchaser's objections prior to Purchaser terminating this Contract pursuant
to this Section 4.3 or prior to Closing, Purchaser may, at its election in writing on or before the
Closing, either (i) terminate this Contract, in which event all Earnest Money shall be immediately
-2-
C:1FIlesUbB115501Charch Site Contract
b0 39Vd SNOS�lVd '8 N39VH EVV098EZLG 9b:ET T00Z/60/80
0
refunded to Purchaser, and Seller and Purchaser shall have no further obligations hereunder or
(ii) waive the objections, in which event each of the items giving rise to Purchaser's objections
shall be deemed Permitted Exceptions to title, and close the transaction contemplated by this
Contract.
4A On or before fifteen (15) days after the date hereof, Seller shall deliver to Purchaser
copies of any lease affecting all or any portion of the Property, and any soil, engineering or
environmental reports or studies of all or any portion of the Property, in Seller's possession.
ARTICLE V
INSPECTION
5.1 Purchaser shall have a period of sixty (60) days after the date of this Contract (the
"Inspection Period"), to conduct such physical, engineering or feasibility studies which Purchaser
deems appropriate and to obtain financing for the Property acceptable to Purchaser in an effort
to determine whether to proceed with the Closing of this transaction. During the Inspection
Period, Purchaser and/or its agents shall have the right to come upon the Property for the purpose
of conducting the studies above envisioned. Purchaser agrees to indemnify Seller against
reasonable damages or costs incurred by Seller due to Purchaser conducting the studies above
described.
5.2 In the event, for any reason, in Purchaser's sole discretion, Purchaser considers the
Property to be unsuitable for Purchaser's intended use or Purchaser is unable to obtain acceptable
financing for the Property, then in such event, Purchaser may terminate this Contract by giving
written notice thereof to Seller prior to the expiration of the Inspection Period, in which event this
Contract shall terminate, the Earnest Money shall be immediately returned to Purchaser, and the
parties hereto shall have no further obligations one to the other.
5.3 Notwithstanding anything to the contrary contained herein, in the event Purchaser
terminates this Contract in accordance with Section 5.2 hereof and the Earnest Money is not
returned to Purchaser within ten (10) days, Purchaser shall be entitled to recover all costs and
expenses, including reasonable attorneys' fees and litigation costs incurred by Purchaser in
connection with recovering the Earnest Money.
ARTICLE VI
CLOSING-; COSTS; PRORATIONS
6.1 The closing of the transaction contemplated herein (the " osin ") shall occur
sixty (60) days after the expiration of the Inspection Period. The Closing shall be held at the
office of the Title Company or at such other location as may be acceptable to both Seller and
Purchaser. The procedure to be followed by the parties in connection with the Closing shall be
as follows:
(a) At the Closing Seller shall cause to be delivered to the Title
Company a special warranty deed (the "Deed") dated as of the date of Closing,
conveying the Property to Purchaser, free and clear of any liens or encumbrances
other than the Permitted Exceptions.
-3-
CAFileAJD$115501Churph Site Contract
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(b) At the Closing, the Purchaser shall cause to be delivered to the Title
Company funds payable to the Title Company representing the cash payment due
in accordance with Article III hereof, less the Earnest Money already deposited and
which shall be applied to the total cash payment required,
(c) At the Closing, the Seller and Purchaser shall cause to be delivered
to the Title Company such other instruments and documents as may be reasonably
necessary and appropriate in order to complete the Closing of the transactions
contemplated hereunder, including documents authorizing the consummation by
Seller and Purchaser of the purchase and sale herein contemplated.
(d) At the Closing, Purchaser shall be entitled to possession of the
Property subject only to the Permitted Exceptions.
(e) At the Closing, Seller shall deliver to Purchaser an Affidavit from
Seller and any other parties required pursuant to Section 1445 of the Internal
Revenue Code and/or regulations relating thereto.
6.2 Upon the completion of the deliveries specified in Section 6.1 above, the Title
Company shall be authorized to cause the appropriate closing documents to be immediately
recorded in the appropriate records of County in which the Property is located, and shall deliver
the balance of the proceeds from the sale, after deducting all expenses thereof chargeable to Seller
under this Contract, to Seller.
6.3 At Closing, Seller shall arrange with the Title Company to furnish Purchaser with
a Texas standard form of Owner Policy of Title Insurance, in the full amount of the Purchase
Price containing no exceptions to title other than exceptions to title disclosed herein, the standard
printed exceptions (provided the restrictive covenant exception shall be deleted or except only to
those restrictions approved by Purchaser pursuant to its review of the Commitment; the exception
for taxes shall be limited to the year of the Closing and subsequent years, endorsed not yet due
and payable, and subsequent assessments for prior years due to change in land usage and
ownership; and the survey exception shall be amended to read only "shortages in area") and any
exceptions which have been approved or deemed approved by Purchaser pursuant to its review
of the Commitment. The exceptions to title shown on the Commitment (other than the standard
printed exceptions) and approved or deemed approved by Purchaser shall be referred to herein as
the "Permitted Exceptions".
6.4 Seller shall pay the cost of obtaining the Survey and the Commitment, the cost of
obtaining the Owner Policy of Title Insurance and the survey deletion to such Policy, and one-
half (1/z) of the escrow fee charged by Title Company; provided, however, in lieu of requiring the
issuance of the Owner Policy of Title Insurance provided for above, Purchaser may elect to waive
the issuance of the Owner Policy of Title Insurance and, in such event, Purchaser shall receive
a credit toward the cash portion of the Purchase Price due at Closing equal to the total premium
which would have been charged by the Title Company for the Owner Policy of Title Insurance
if it had been issued. Purchaser shall pay one-half (1/a) of the escrow fee charged by the Title
Company. Except as otherwise provided herein, all other escrow and closing costs shall be
allocated to and paid by Seller and Purchaser in accordance with the manner in which such costs
ME
C;\FgeS1YD8k15501Ch=h She Contract
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AWO
are customarily borne by such parties in sales of similar property in the county in which the
Property is located, on the date of Closing; provided, however, each party shall pay its own
attorneys' fees.
6.5 Ad valorem taxes on and assessments against the Property for the current year
(based on a nonagricultural use) and rents (if any) shall be prorated at the Closing, effective as
of the date of Closing, based on the best estimate of such items then available. In the event
current ad valorem taxes and assessments are not known as of the Closing, said ad valorem taxes
and assessments shall be prorated based upon the immediately preceding tax year figures, with
said proration to be adjusted in cash between the parties, based on actual taxes or assessments for
the current year at the time such actual taxes or assessments are determined. Seller hereby agrees
to be responsible for and to pay, at Closing, any and all rollback taxes or other taxes assessed or
becoming due and payable by virtue of any change in land usage or ownership and applicable or
allocable to any period of time prior to Closing or, at the election of Purchaser, Purchaser shall
be entitled to receive a credit against the Purchase Price, at Closing, in such amount. Seller
hereby agrees to indemnify and hold Purchaser harmless of and from any and all claims, costs and
expenses relating to such rollback taxes, including without limitation, reasonable attorneys' fees
incurred by Purchaser. The covenants of Seller contained in this Section shall survive the Closing
and shall not merge therein.
ARTICLE VII
COVENANTS, AGREEMENTS, REPRESENTATIONS AND WARRANTIES
7.1 Seller hereby represents and warrants as follows, which representations and
warranties shall be true and correct as of the date hereof and as of the Closing, and the truth of
which shall, at the option of Purchaser, be a condition precedent to Purchaser's obligation to close
the transaction contemplated by this Contract:
(a) There is no existing or pending litigation, claims, condemnations or
sales in lieu thereof, contracts of sale, options to purchase or rights of first refusal
with respect to any portion of the Property, nor have any such actions, suits,
proceedings, claims or other such matters been threatened or asserted.
(b) Seller has no knowledge of any pending improvements, liens or
special assessments to be made against the Property by any governmental authority,
other than for ad valorem taxes.
(c) The person executing this Contract on behalf of Seller has been duly
authorized and is empowered to bind Seller to this Contract, and no consent of a
third party is required for Seller to sell the Property.
(d) Seller currently holds, and will hold at Closing, record title to the
Property.
(e) To the best of Seller's knowledge and belief: the environmental and
ecological condition of the Property is not in violation of any law, ordinance, rule,
or regulation applicable thereto; the soil, surface, water and ground water of or on
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the Property are free from any solid waste, toxic or hazardous substances or
contamination; and the Property has not been used for treatment, storage, or
disposal of waste material.
7.2 The representations and warranties set forth in Section 7.1 hereof shall survive the
Closing, and shall not be merged therein.
ARTICLE VIII
COMMISSIONS
8.1 If and only if the Closing actually occurs and is consummated, Seller agrees to pay
to Jim Harris ("Broker") a real estate commission equal to six percent (6 %) of the Purchase Price.
It is expressly agreed that no commission shall be earned, due or owing in the event that the
purchase and sale transaction contemplated herein shall fail to close for any reason whatsoever,
specifically 'including, but not limited to, the default of either Seller or Purchaser.
8.2 Each party hereto represents to the other that, except as set forth above with respect
to the Broker, it has not authorized any broker or finder to act on its behalf in connection with the
sale and purchase hereunder and that it has not dealt with any broker or finder purporting to act
for any other party. Each party hereto agrees to indemnify and hold harmless the other party from
and against any and all liabilities, costs, damages and expenses of any kind or character arising
from any claims for brokerage or finder's fees, commissions or other similar fees in connection
with the transactions covered by this Contract insofar as such claims shall be based upon alleged
arrangements or agreements made by such party or on its behalf.
8.3 Purchaser acknowledges that, at the time of execution of this Contract, Broker
advised Purchaser by this writing that Purchaser should have the abstract covering the Property
examined by an attorney of Purchaser's own selection or that Purchaser should be furnished with
or obtain a policy of title insurance.
ARTICLE IX
TERMINATION, DEFAULT AND REMEDIES
9.1 In the event Purchaser fails to perform any of its duties and obligations hereunder
for any reason other than Seller's default or the termination hereof pursuant to the applicable
provisions hereof, Seller shall be entitled to receive the Earnest Money deposit as liquidated
damages, as Seller's sole and exclusive remedy, Seller hereby waiving any other of its rights or
remedies, at law or in equity, for breach of this Contract by Purchaser, including, but not limited
to, suit for damages or suit for specific performance.
9.2 In the event Seller fails to perform any of its duties and obligations hereunder for
any reason other than Purchaser's default or the termination hereof pursuant to the applicable
provisions hereof, Purchaser shall be entitled to terminate this Contract and receive a full refund
of the Earnest Money and/or to seek to enforce specific performance of Seller's obligations
hereunder.
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ARTICLE X
NOTICES
10.1 Any notice, request, demand, instruction or other communication to be given to
either party hereunder, except those required to be delivered at Closing, shall be in writing, and
shall be deemed to be delivered, whether actually received or not, upon deposit of both the
original and the copy, as provided below, in a regularly maintained official depository of the
United States Mail located in the continental United States, and sent by registered or certified
mail, postage prepaid, return receipt requested, addressed as follows:
IF TO PURCHASER: WITH COPY TO:
Blackard Developments, Inc. Tim Hagen
5385 FM 2934 Hagen & Parsons, P.C.
Frisco, Texas 75034 12801 N. Central Expwy., Suite 370
Attention: Mike Beaty Dallas, Texas 75243
Phone: 972/668-0200 Phone: 972/386-0441
Fax: 972/668-0207 Fax: 972/386-0443
IF TO SELLER: WITH COPY TO:
Attention:
Phone:
Fax:
Phone:
Fax:
10.2 The addresses and addressees for the purpose of this article may be changed by
either party by giving notice of such change to the other party in the manner provided herein for
giving notice. For the purpose of changing such addresses or addressees only, unless and until
such written notice is received, the last address and addressee stated herein shall be deemed to
continue in effect for all purposes.
ARTICLE XI
RISK OF LOSS
All risks of loss to the Property by condemnation or fire or other casualty shall remain
upon Seller prior to the Closing. If, prior to the Closing, any portion of the Property shall be
taken or damaged by fire or other casualty or a condemnation shall be pending against any portion
of the Property, Purchaser may either terminate this Contract by written notice to Seller or close
this Contract as provided herein. If Purchaser elects to terminate this Contract, the Earnest
Money shall be immediately returned to Purchaser, and Seller and Purchaser shall have no further
obligations hereunder. If Purchaser elects to close, despite said casualty or condemnation, there
shall be no reduction in the Purchase Price, and Seller shall assign, to Purchaser all of Seller's
right, title and interest in and to all insurance or condemnation proceeds resulting or to result from
said casualty, condemnation, taking or deed in lieu thereof insofar as the same relates to the
Property or any portion thereof.
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ARTICLE XII
MISCELLANEOUS
12.1 This Contract and the exhibits attached hereto contain the entire agreement
between the parties, and no promise, representation, warranty or covenant not included in this
Contract or any such referenced agreements has been or is relied upon by either party.
12.2 No modification or amendment of this Contract shall be of any force or effect
unless made in writing and executed by both Purchaser and Seller.
12.3 In the event that any litigation arises hereunder, it is specifically stipulated that
this Contract shall be interpreted and construed according to the laws of the State of Texas.
Venue for any legal action arising out of this Contract shall be in the County in which the
Property is situated. Further, the prevailing party in any litigation between the parties shall be
entitled to recover, as a part of its judgment, reasonable attorneys' fees and costs of suit.
12.4 The article headings contained in this Contract are for purposes of identification
only and shall not be considered in construing this Contract.
12.5 Time is of the essence with respect to the performance of all obligations
provided herein and the consummation of all transactions contemplated hereby.
12.6 Purchaser may assign this Contract without the prior written consent of Seller.
12.7 Should the expiration of any time period set forth in this Contract be on a
Saturday, Sunday or legal holiday, said time period shall be extended until the next occurring
business day.
12.8 All references in this Contract to "the date hereof" or similar references shall
be deemed to refer to the last date, in point of time, on which all parties hereto have executed this
Contract.
12.9 The execution of this Contract by the first party to do so constitutes an offer to
purchase or sell the Property. Unless within five (5) days after the date of execution of this
Contract by the first party, this Contract is accepted by the other party and a fully executed copy
is delivered to the first parry, the offer of this Contract shall be automatically revoked and
terminated, and the Earnest Money, if any, shall be returned to Purchaser.
12.10 Words of any gender used in this Contract shall be held and construed to include
any other gender, and words of a singular number shall be held to include the plural and vice
versa, unless the contextt requires otherwise.
12.11 This Contract may be executed in any number of counterparts, each of which
shall be an original, but such counterparts together shall constitute one and the same instrument.
12.12 All exhibits described in this Contract are by this reference fully incorporated
herein and made a part hereof by reference for all purposes.
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12.13 This Contract and the terms and provisions hereof shall inure to the benefit of
and be binding upon the parties hereto and their respective heirs, executors, personal
representatives, successors and assigns whenever the context so requires or admits.
EXECUTED by Purchaser the day of _ 72001.
PURCHASER:
BLACKARD DEVELOPMENTS, INC.,
a Texas corporation
an
Jeffory D. Blackard, President
EXECUTED by Seller the day of )2001.
SELLER:
By:
Name:
Title:
NOR
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Chicago Title Insurance Company hereby acknowledges receipt of the $10,000.00 Earnest
Money provided in the foregoing Contract, agrees to hold such Earnest Money pursuant to the
terms and provisions of the Contract and agrees to abide by and perform in accordance with the
terms and conditions of escrow contained in the Contract.
TITLE COMPANY:
CHICACO TITLE INSURANCE COMPANY
Name:
Title:
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EXHIBIT "A"
TO CONTRACT FOR PURCHASE OF REAL ESTATE
(Legal Description of Property)
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STRATFORD GRP. TEL:214-696-6015 Aug 14 01 10:47 No.001 P.04
I I I&
01,04 PARCELS
STRATFORD GRP.
TEL:214-696-6015
Aug 14 01
4
10:47 No.001 P.02
Grace Presbytery, Inc.
8000 John W. Carpenter Freeway
Approximately 17.34 acres located in the
Larkin McCarty Survey, Abstract 600
Charles Hooper & Doyle Stacy
Approximately 10i acres located in the
Larkin McCarty Survey, Abstract 600
T06 - lS6P
TIM HAQEN
DIRECT DIAL NUMBER
(972) 386.0441
HAGEN & PARSONS
A PROFESSIONAL CORPORATION
ATTORNEYS ANO COVNSELOR8
NORTH CENTRAL PLAZA THREE
12801 NORTH CENTRAL EXPRESSWAY, SUITE 370 TELEPHONE (972) 386-0440
DALLAS, TEXAS 75243 FAX (972) 386 0443
August 9, 2001
VIA FAX 972/668-0207
Mr. Mire Beaty
Blackard Developments, Inc.
5385 FM 2934
Frisco, Texas 75034
Re: r;; Real Estate (the "Contract") by and between the owner
CoC as seller, and Blackard Developments, Inc., as purchaser
Our" i1C o
Dear Mike:
Enclosed for your review is an initial draft of the Contract. prior to executing the
Contract, various blanks in the Contract will need to be completed and a legal description of the
property should be attached to the Contract, as Exhibit "A."
Please give me a call if you have any questions or comments.
Very yours, I`
Ti Hagen
O
TDH:cw
Enclosure
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19
CONTRACT FOR PURCHASE OF REAL ESTATE
THIS CONTRACT is made and entered into by and between BLACKARD
DEVELOPMENTS, INC., a Texas corporation ("Purchaser"), and
("Seller").
ARTICLE I
SALE OF PROPERTY
Subject to the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and
Purchaser shall purchase from Seller a tract or parcel of real property containing approximately
10 acres, being described on Exhibit "A" attached hereto and fully incorporated herein by
reference for all purposes, including any right, title and interest of Seller in and to adjacent streets,
alleys and rights -of -way, and all improvements, if any, located thereon (the "Property"). Upon
completion of the Survey (hereinafter defined), the legal description on the Survey shall be
substituted for all purposes as the description of the Property, which legal description shall be
incorporated into this Contract and used in all closing documents.
ARTICLE U
PURCHASE PRICE AND EARNEST MONEY
2.1 The purchase price (the "Purchase Price") for the Property is One Hundred Fifty
Thousand Dollars ($150,000.00), subject to the adjustments provided for in this section. The
Purchase Price is based upon an amount determined by multiplying $15,000.00 times 10 acres.
In the event the Survey reflects more or less than 10 acres, then the Purchase Price shall be
adjusted upward or downward so that the Purchase Price shall equal $15,000.00 times the number
of acres reflected by the Survey.
2.2 Three (3) business days after the final execution of this Contract by all parties
hereto, Purchaser shall deliver its check in the amount of Ten Thousand Dollars ($10,000.00) (the
"Earnest Money") to the Title Company (hereinafter defined). The proceeds of such check skall
be invested in an interest bearing account at the direction of Purchaser. Any interest accrued
frft
the Earnest Morley shall be and remain the sole and separate property of Purchaser and she
disbursed to Purchaser from time to time, upon request by Purchaser. In the event this C t
is closed, Purchaser may elect either to apply the Earnest Money to the Purchase Price at
Closing or to have the Earnest Money returned to Purchaser. In the event this Contra not
closed, then the Title Company shall disburse the Earnest Money in the manner pro for
elsewhere herein. Simultaneously with the execution of this Contract by all parties reto,
Purchaser shall also deliver to Seller the sum of Fifty and No/ 100 Dollars ($50.00) in cash, which
Seller acknowledges is adequate consideration for Seller entering into this Contract, and which
Seller shall, in all events, retain. Such sum shall be applied against the cash payment due at the
Closing.
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ARTICLE III
PAYMENT OF PURCHASE PRICE
The Purchase Price shall be payable at Closing in cash, by wire transfer, cashier's or
certified check or other evidence of fiords acceptable to the Title Company for im�diate
disbursement at Closing, ��
ARTICLE IV OP,
TITLE AND SURVEY
4A On or before fifteen (15) days after the date hereof, Seller shall cause to be
delivered to Purchaser a Commitment for Title Insurance (the "Commitment") dated not earlier
than the date of this Contract, issued by Chicago Title Insurance Company (the "Title Company'),
2001 Bryan Street, Suite 1700, Dallas, Texas 75201 (Attu: Ted Darby), describing the Property,
specifying Purchaser as the prospective named insured, showing the Purchase Price as the
prospective policy amount, showing the status of title of the Property and all exceptions
(including, but not limited to, easements, restrictions, rights -of -way, covenants, reservations,
encumbrances, liens and other conditions, if any, affecting the Property) which would appear in
an Owner Policy of Title Insurance, if issued, together with true, correct and legible copies of all
items and documents referred to therein,
4.2 On or before fifteen (15) days after the date of this Contract, Seller, at the Seller's
sole cost and expense, shall cause to be prepared and furnished to Purchaser a current survey (the
"Survey") of the Property, prepared by a land surveyor or engineer acceptable to Purchaser. The
Survey shall be currently dated (within the last three months), shall show the location on the
Property of all improvements, fences, 100 year floodplains and other flood prone areas,
easements, roads, streets, rights -of -way, building or other setback areas, protrusions, conflicts and
encroachments, and shall contain a legal description of the boundaries of the Property by metes
and bounds (which shall include a reference to the recorded plat, if any), and a computation of
the area comprising the Property in both gross acres and net acres (to the nearest one -thousandth
of said respective measurement). Any and all recorded matters shown on the Survey shall be
legibly identified by appropriate volume and page recording references, and the Survey shall show
the location of all streets adjoining the Property. The Survey shall contain the surveyor's
certification in a form acceptable to Purchaser.
4.3 Purchaser shall have until the later to occur of (a) fifteen (15) days following the
receipt of the Commitment, legible copies of the documents referred to therein as conditions or
exceptions to title and the Survey or (b) the expiration of the Inspection Period (the "Revi
Period") to review such items. If Purchaser shall fail to give any notice in writing to Seller prior
to the expiration of the Review Period, Purchaser shall be deemed to have approved such items
and shall have waived any objection it may have to the items described in Sections 4.1 and 4,2
hereof. If Purchaser shall disapprove any such items, Purchaser shall notify Seller in writing of
such fact on or before the expiration of the Review Period, and Seller shall have until Closing to
use its best efforts to cure or remedy such item. In the event Seller fails to cure or remedy the
items giving rise to Purchaser's objections prior to Purchaser terminating this Contract pursuant
to this Section 4.3 or prior to Closing, Purchaser may, at its election in writing on or before the
Closing, either (i) terminate this Contract, in which event all Earnest Money shall be immediately
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refunded to Purchaser, and Seller and Purchaser shall have no further obligations hereunder or
(ii) waive the objections, in which event each of the items giving rise to Purchaser's objections
shall be deemed Permitted Exceptions to title, and close the transaction contemplated by t�
Contract. nn r
*rchaser
4,4 On or before fifteen (15) days after the date hereof, Seller shall delivel
copies of any lease affecting all or any portion of the Property, and any soil, engineering or
environmental reports or studies of all or any portion of the Property, in Seller's possession.
ARTICLE V
INSPECTION
5A Purchaser shall have a period of sixty (60) days after the date of this Contract (the
"Inspection Period"), to conduct such physical, engineering or feasibility studies which Purchaser
deems appropriate and to obtain financing for the Property acceptable to Purchaser in an effort
to determine whether to proceed with the Closing of this transaction. During the Inspection
Period, Purchaser and/or its agents shall have the right to come upon the Property for the purpose
of conducting the studies above envisioned. Purchaser agrees to indemnify Seller against
reasonable damages or costs incurred by Seller due to Purchaser conducting the studies above
described.
5.2 In the event, for any reason, in Purchaser's sole discretion, Purchaser considers the
Property to be unsuitable for Purchaser's intended use or Purchaser is unable to obtain acceptable
financing for the Property, then in such event, Purchaser may terminate this Contract by giving
written notice thereof to Seller prior to the expiration of the Inspection Period, in which event this
Contract shall terminate, the Earnest Money shall be immediately returned to Purchaser, and the
parties hereto shall have no further obligations one to the other.
5.3 Notwithstanding anything to the contrary contained herein, in the event Purchaser
terminates this Contract in accordance with Section 5.2 hereof and the Earnest Money is not
returned to Purchaser within ten (10) days, Purchaser shall be entitled to recover all costs and
expenses, including reasonable attorneys' fees and litigation costs incurred by Purchaser in
connection with recovering the Earnest Money.
ARTICLE VI
CLOSING; COSTS; PRORATIONS
6.1 The closing of the transaction contemplated herein (the ,Closing") shall occur
sixty (60) days after the expiration of the Inspection Period. The Closing shall be held at the
office of the Title Company or at such other location as may be acceptable to both Seller and
Purchaser. The procedure to be followed by the parties in connection with the Closing shall be
as follows:
(a) At the Closing Seller shall cause to be delivered to the Title
Company a special warranty deed (the "Deed") dated as of the date of Closing,
conveying the Property to Purchaser, free and clear of any liens or encumbrances
other than the Permitted Exceptions.
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(b) At the Closing, the Purchaser shall cause to be delivered to the Title
Company funds payable to the Title Company representing the cash payment due
in accordance with Article III hereof, less the Earnest Money already deposited and
which shall be applied to the total cash payment required.
(c) At the Closing, the Seller and Purchaser shall cause to be delivered g
to the Title Company such other instruments and documents as may be reasons
necessary and appropriate in order to complete the Closing of the transaction
contemplated hereunder, including documents authorizing the consummation by
Seller and Purchaser of the purchase and sale herein contemplated.
(d) At the Closing, Purchaser shall be entitled to possession of the
Property subject only to the Permitted Exceptions.
(e) At the Closing, Seller shall deliver to Purchaser an Affidavit from
Seller and any other parties required pursuant to Section 1445 of the Internal
Revenue Code and/or regulations relating thereto.
6.2 Upon the completion of the deliveries specified in Section 6.1 above, the Title
Company shall be authorized to cause the appropriate closing documents to be immediately
recorded in the appropriate records of County in which the Property is located, and shall deliver
the balance of the proceeds from the sale, after deducting all expenses thereof chargeable to Seller
under this Contract, to Seller.
6.3 At Closing, Seller shall arrange with the Title Company to furnish Purchaser with
a Texas standard form of Owner Policy of Title Insurance, in the full amount of the Purchase
Price containing no exceptions to title other than exceptions to title disclosed herein, the standard
printed exceptions (provided the restrictive covenant exception shall be deleted or except only to
those restrictions approved by Purchaser pursuant to its review of the Commitment; the exception
for taxes shall be limited to the year of the Closing and subsequent years, endorsed not yet due
and payable, and subsequent assessments for prior years due to change in land usage and
ownership; and the survey exception shall be amended to read only "shortages in area") and any
exceptions which have been approved or deemed approved by Purchaser pursuant to its review
of the Commitment. The exceptions to title shown on the Commitment (other than the standard
printed exceptions) and approved or deemed approved by Purchaser shall be referred to herein as
the "Permitted Exceptions",
6.4 Seller shall pay the cost of obtaining the Survey and the Commitment, the cost of
obtaining the Owner Policy of Title Insurance and the survey deletion to such Policy, and one-
half ('/z) of the escrow fee charged by Title Company; provided, however, in lieu of requiring the
issuance of the owner Policy of Title Insurance provided for above, Purchaser may elect to waive
the issuance of the Owner Policy of Title Insurance and, in such event, Purchaser shall receive
a credit toward the cash portion of the Purchase Price due at Closing equal to the total premium
which would have been charged by the Title Company for the Owner Policy of Title Insurance
if it had been issued. Purchaser shall pay one-half (117) of the escrow fee charged by the Title
Company. Except as otherwise provided herein, all other escrow and closing costs shall be
allocated to and paid by Seller and Purchaser in accordance with the manner in which such costs
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are customarily borne by such parties in sales of similar property in the county in which the
Property is located, on the date of Closing, provided, however, each party shall pay its own
attorneys' fees.
6.5 Ad valorem taxes on and assessments against the Property for the current year
(based on a non-agricultural use) and rents (if any) shall be prorated at the Closing, effective
of the date of Closing, based on the best estimate of such items then available. In
current ad valorem taxes and assessments are not known as of the Closing, said ad valo es
and assessments shall be prorated based upon the immediately preceding tax year figures, with
said proration to be adjusted in cash between the parties, based on actual taxes or assessments for
the current year at the time such actual taxes or assessments are determined. Seller hereby agrees
to be responsible for and to pay, at Closing, any and all rollback taxes or other taxes assessed or
becoming due and payable by virtue of any change in land usage or ownership and applicable or
allocable to any period of time prior to Closing or, at the election of Purchaser, Purchaser shall
be entitled to receive a credit against the Purchase Price, at Closing, in such amount. Seller
hereby agrees to indemnify and hold Purchaser harmless of and from any and all claims, costs and
expenses relating to such rollback taxes, including without limitation, reasonable attorneys' fees
incurred by Purchaser. The covenants of Seller contained in this Section shall survive the Closing
and shall not merge therein.
ARTICLE VII
COVENANTS, AGREEMENTS, REPRESENTATIONS AND WARRANTIES
7.1 Seller hereby represents and warrants as follows, which representations and
warranties shall be true a -ad correct as of the date hereof and as of the Closing, and the truth of
which shall, at the option of Purchaser, be a condition precedent to Purchaser's obligation to close
the transaction contemplated by this Contract:
(a) There is no existing or pending litigation, claims, condemnations or
sales in lieu thereof, contracts of sale, options to purchase or rights of first refusal
with respect to any portion of the Property, nor have any such actions, suits,
proceedings, claims or other such matters been threatened or asserted.
(b) Seller has no knowledge of any pending improvements, liens or
special assessments to be made against the Property by any governmental authority,
other than for ad valorem taxes.
(c) The person executing this Contract on behalf of Seller has been duly
authorized and is empowered to bind Seller to this Contract, and no consent of a
third party is required for Seller to sell the Property.
(d) Seller currently holds, and will hold at Closing, record title to the
Property.
(e) To the best of Seller's knowledge and belief: the environmental and
ecological condition of the Property is not in violation of any law, ordinance, rule,
or regulation applicable thereto; the soil, surface, water and ground water of or on
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the Property are free from any
contamination; and the Property
disposal of waste material.
solid waste, toxic or hazardous substances or
has not been used for treatment, storage, or
7.2 The representations and warranties set forth in Section L l hereof shall survive th wo
Closing, and shall not be merged therein. D�
ARTICLE "VIII
COMMISSIONS
8.1 If and only if the Closing actually occurs and is consummated, Seller agrees to pay
to Jim Harris ("Brok r") a real estate commission equal to six percent (6 %) of the Purchase Price.
It is expressly agreed that no commission shall be earned, due or owing in the event that the
purchase and sale transaction contemplated herein shall fail to close for any reason whatsoever,
specifically including, but not limited to, the default of either Seller or Purchaser.
8.2 Each party hereto represents to the other that, except as set forth above with respect
to the Broker, it has not authorized any broker or finder to act on its behalf in connection with the
sale and purchase hereunder and that it has not dealt with any broker or finder purporting to act
for any other party. Each party hereto agrees to indemnify and hold harmless the other party from
and against any and all liabilities, costs, damages and expenses of any kind or character arising
from any claims for brokerage or finder's fees, commissions or other similar fees in connection
with the transactions covered by this Contract insofar as such claims shall be based upon alleged
arrangements or agreements made by such party or on its behalf,
8.3 Purchaser acknowledges that, at the time of execution of this Contract, Broker
advised Purchaser by this writing that Purchaser should have the abstract covering the Property
examined by an attorney of Purchaser's own selection or that Purchaser should be furnished with
or obtain a policy of title insurance.
ARTICLE IX
TERMINATION, DEFAULT AND REMEDIES
9.1 In the event Purchaser fails to perform any of its duties and obligations hereunder
for any reason other than Seller's default or the termination hereof pursuant to the applicable
provisions hereof, Seller shall be entitled to receive the Earnest Money deposit as liquidated
damages, as Seller's sole and exclusive remedy, Seller hereby waiving any other of its rights or
remedies, at law or in equity, for breach of this Contract by Purchaser, including, but not limited
to, suit for damages or suit for specific performance.
9.2 In the event Seller fails to perform any of its duties and obligations hereunder for
any reason other than Purchaser's default or the termination hereof pursuant to the applicable
provisions hereof, Purchaser shall be entitled to terminate this Contract and receive a full refund
of the Earnest Money and/or to seek to enforce specific performance of Seller's obligations
hereunder.
80 39dd
-6-
C:Tike\JDB1146015taey COMM I
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4
ARTICLE X
NOTICES
10.1 Any notice, request, demand, instruction or other communication to be given to
either party hereunder, except those required to be delivered at Closing, shall be in writing, and
shall be deemed to be delivered, whether actually received or not, upon deposit of both the
original and the copy, as provided below, in a regularly maintained official depository of the
United States Mail located in the continental United States, and sent by registered or ce if
mail, postage prepaid, return receipt requested, addressed as follows:
IF TO PURCHASER,
Blackard Developments, Inc.
5385 FM 2934
Frisco, Texas 75034
Attention: Mike Beaty
Phone: 972/668-0200
Fax: 972/668-0207
IF TO SELLER:
Attention:
Phone:
Fax:
WITH COPY TO:
Tim Hagen
Hagen & Parsons, P.C.
12801 N. Central Expwy., Suite 370
Dallas, Texas 75243
Phone: 972/386-0441
Fax: 972/386-0443
WITH COPY TO:
Phone:
Fax:
10.2 The addresses and addressees for the purpose of this article may be changed by
either party by giving notice of such change to the other party in the manner provided herein for
giving notice. For the purpose of changing such addresses or addressees only, unless and until
such written notice is received, the last address and addressee stated herein shall be deemed to
continue in effect for all purposes.
ARTICLE XI
RISK OF LOSS
All risks of loss to the Property by condemnation or fire or other casualty shall remain
upon Seller prior to the Closing. If, prior to the Closing, any portion of the Property shall be
taken or damaged by fire or other casualty or a condemnation shall be pending against any portion
of the Property, Purchaser may either terminate this Contract by written notice to Seller or close
this Contract as provided herein, If Purchaser elects to terminate this Contract, the Earnest
Money shall be immediately returned to Purchaser, and Seller and Purchaser shall have no further
obligations hereunder. If Purchaser elects to close, despite said casualty or condemnation, there
shall be no reduction in the Purchase Price, and Seller shall assign to Purchaser all of Seller's
right, title and interest in and to all insurance or condemnation proceeds resulting or to result from
said casualty, condemnation, taking or deed in lieu thereof insofar as the same relates to the
Property or any portion thereof.
-7-
C:\FileS\Jb6\146Ntacy COntrsct
60 39Vd SNOSaVd '8 N39VH Ebb098EZt6 60:tT t00Z/60/80
M
ARTICLE XII
MISCELLANEOUS
12.1 This Contract and the exhibits attached hereto contain the entire agreement
between the parties, and no promise, representation, warranty or covenant not included in this
Contract or any such referenced agreements has been or is relied upon by either party.'f%'A
�T
12.2 No modification or amendment of this Contract shall be of any force or Qf
unless made in writing and executed by both Purchaser and Seller.
12.3 In the event that any litigation arises hereunder, it is specifically stipulated that
this Contract shall be interpreted and construed according to the laws of the State of Texas.
Venue for any legal action arising out of this Contract shall be in the County in which the
Property is situated. Further, the prevailing party in any litigation between the parties shall be
entitled to recover, as a part of its judgment, reasonable attorneys' fees and costs of suit.
12,4 The article headings contained in this Contract are for purposes of identification
only and shall not be considered in construing this Contract.
12.5 Time is of the essence with respect to the performance of all obligations
provided herein and the consummation of all transactions contemplated hereby.
12.6 Purchaser may assign this Contract without the prior written consent of Seller.
12.7 Should the expiration of any time period set forth in this Contract be on a
Saturday, Sunday or legal holiday, said time period shall be extended until the next occurring
business day.
12.8 All references in this Contract to "the date hereof" or similar references shall
be deemed to refer to the last date, in point of time, on which all parties hereto have executed this
Contract.
12.9 The execution of this Contract by the first party to do so constitutes an offer to
purchase or sell the Property. Unless within five (5) days after the date of execution of this
Contract by the first party, this Contract is accepted by the other party and a fully executed copy
is delivered to the first party, the offer of this Contract shall be automatically revoked and
terminated, and the Earnest Money, if any, shall be returned to Purchaser.
12.10 Words of any gender used in this Contract shall be held and construed to include
any other gender, and words of a singular number shall be held to include the plural and vice
versa, unless the context requires otherwise.
12.11 This Contract may be executed in any number of counterparts, each of which
shall be an original, but such counterparts together shall constitute one and the same instrument.
12.12 All exhibits described in this Contract are by this reference fully incorporated
herein and made a part hereof by reference for all purposes.
C;1Fi1aaVDBU4601StXY Contract
0Z 30Vd SNOSddd B N39VH EVV0986ZLG 60:bZ Z00Z/60/80
`f J
12.13 This Contract and the terms and provisions hereof shall inure to the benefit of
and be binding upon the parties hereto and their respective heirs, executors, personal
representatives, successors and assigns whenever the context so requires or admits.
EXECUTED by Purchaser the day of , 2001..
PURCHASER:
BLACKARD DEVELOPMENTS, INC.,
a Texas corporation
EXECUTED by Seller the
LIN
Jeffory D. Blackard, President
day of , 2001,
ES LLER:
WIR
Name:
Title:
C:\File3VDB\146Mtacy Contract
TT 39Vd SNOS6Vd '8 N39VH £bP098£ZL6 60:bt L00Z/60/80
n
Chicago Title Insurance Company hereby acknowledges receipt of the $10,000.00 Earnest
Money provided in the foregoing Contract, agrees to hold such Earnest Money pursuant to the
terms and provisions of the Contract and agrees to abide by and perform in accordance with the
terms and conditions of escrow contained in the Contract.
ZZ 39dd
TITLE COMPANY: R Pr 1
CHICAGO TITLE INSURANCE COMPANY
By :
Name:
Title:
-10-
CAFi1eS\TDg114601Stacy Contract
SNOSdVcl '8 N39VH Ebb098EZL.6 60:17t Z00Z/60/80
EXMBIT "�"
TO CONTRACT FOR PURCHASE OF REAL ESTATE
(Legal Description of Property)
C:\Pilea\1DB114601Stacy Contract
£Z 39dd SNOS�Wd ? N39VH £b17098£ZL6 60:PT 100Z/60/80
, STRATFORD GRP. TEL:214-696-6015 Aug 14 01 10:47 No.001 P.02
Grace Presbytery, Inc.
8000 John W. Carpenter Freeway
Approximately 17.34 acres located in the
Larkin McCarty Survey, Abstract 600
Charles Hooper & Doyle Stacy
Approximately 10i acres located in the
Larkin McCarty Survey, Abstract 600
j oh tss� J)P,�F'(
TD6 - (s-6 P
Town of Prosper
(972)347-2304
Date: July 13, 2001
To: Mike Beaty
Blackard Development
Fax: (972) 668-0207
From: Amber Phillips
City Secretary
Town of Prosper
Mike,
P.O. Box 307
Prosper, Texas 75078
Metro (972) 346-2640
Fax (972) 347-211 1
Following is the Annexation Calendar for Whispering Farms. Please feel free to
give me a call should you have a questions. Thank you.
Annexation Calendar —Whispering Farms
July 10, 2001 Annexation Petition Accepted by Council
August 3, 2001 Publication of Notice in Paper
August 14, 2001 First Public Hearing
August 21, 2001 Second Public Hearing
September 11, 2001 Annexation Ordinance Adopted by Council
September 14, 2001 Publication of Ordinance Caption
Jennifer Finley
From: <JWalker@americorp.com>
To: <jennifer finley@prosperbc.org>; <charies niswanger@prospertx.org>; <darin.riggs@eds.com>;
<janetph@nortelnetworks.com>; <jdunmire@jcpenney.com>; <mcp@mbm-inc.com>
Sent: Tuesday, July 10, 2001 7:02 AM
Attach: jdunmire.vcf
Subject: Re: Blackard Development
Here is a brief update on my meeting with Michael Beaty last Friday.
Subdivision is now called Whispering Farms.
1. They are ready to dedicate the park land and the well site to the city.
The well site is 2 acres (previously specified only 1.5 acres) and the park
land is approximately 42 acres. 14.3 acres is outside of the flood plain.
He is requesting a credit of $5000 per acre (he originally wanted $10,000
for the flood plain land and $25,000 for the land outside of the flood
plain). Of course this is only the land above and beyond the land that is
already due to the city (about 13.85 acres) So, we are talking about a
credit on the other 28 acres at 5000 per acre which totals around $140,750.
We talked about this number, but I believe he wants more. They want the
credit applied toward any impact fees due on the village land and
buildings. Question - Does Danville water have any jurisdiction/meters in
this area? Apparently there may be a water supply issue that we need to
resolve according to Blackard.
2. He has now offered to pay $200,000 at the time of plat approval for
phase I toward the road fees. They would like to pay the balance of the
road fee as plat against frontage with Phases II and III. The road fee
would be used to Engineer CR 78 and CR 80 to final road standards. Then,
the gravel portions of CR 78 and 80 would be chip and seal as a temporary
fix until sufficient funds are available to put in concrete road sections.
Is this similar to what is being done with Gentle Creek - kind of a pay as
you go road fee?
3. They are asking us to waive all off -site water fees in lieu of land
dedication for well and storage tank site. The per lot water impact fee to
be paid at time of final plat approval for each phase. The cost of over
sizing any internal water lines within the development to allow for tie-in
of storage tank to Prosper water distribution system to be applied against
water impact fees due to city.
Of course, we still need to determine a solution to the sewage issue.
Anything new?
I spoke with Chuck Stuber on Sunday. He said the school board may not be
interested in the school site. He said it was too small and too far into
the subdivision. I tend to agree with him. 7 acres may not be enough for
the school. I am still thinking the village and park sound like great
7/10/O1
J
ideas, but they tend to be more of a subdivision amenity rather than
something easily accessed by the community.
They plan to have 15 to 20 units in the village. 4 or 5 will be built with
phase I. 3 story maximum. He wants restricted uses similar to the Blue
Star PD for all commercial and retail activities. He wants residential
zoning to allow for granny flats up to 800 sq. ft.. They will need some
time of flexible zoning requirements for the flag lots needed for the
village with 10 feet of frontage. Village to have curb and gutter. They
still want lay down curbs everywhere else and they will control the
entrance cuts and culvert placement. They want residents on any size lot
that back up to the bridle trails to have an outbuilding and stable for one
horse.
Overall density cap at 1.95 excluding village lots and commercial zoning
areas.
He wanted 50% masonry coverage, and I asked why. They want to be able to
use Hardi-Plank. I suggested that we specify 50% masonry and 50%
hardi-plank or 75 to 80% masonry as long as we define hardi-plank as a
masonry product.
That is about all for now. We can talk more tonight.
Jeff
"James Dunmire" <di unmire@icyennecom> on 07/06/2001 05:07:12 PM
To: JWalker americorp com
cc:
Fax to:
Subject: Re: Blackard Development
Jeff,
I am sorry that I did not catch you before your Lunch meeting. We
have
had some server problems today. The park land is part of the amenities
that
make up the uniqueness of the overall development. We are working with the
county on their grants and may even be throwing in some cash for the
construction of facilities there. I think that the council is not willing
to
pay them for any land above the amount required by the subdivision
ordinance.
We would be willing to forgive impact fees for the Well, Ground
Storage 7/10/01
Page
and Pumping site, but again as I think you alluded, not at a premium price
per
acre.
I think that we can prorate the Street fees into phases, as we have
done this at least once before. It also may end up that we have to go with
a
'chip and sear initially, until our funds get a little more developed and
more
of the area is brought into the city. We would want to sell out the amount
in
the P.D. and the pro rations.
Charles and I met with the representatives from Grace Presbytery on
their land. They too are awfully proud of their land and have attached a
large
price tag to it. We are proceeding with negotiations regardless. I have
also
inquired about another possible tract. I have not heard from Bill Little
as to
all the details from Aqua Source, but I am to pick up the bid on a package
plant and will review it tonight.
JWalker@americorp.com americorp.com wrote:
> I am having lunch today with Michael Beaty from Blackard. We will be
> discussing some of the aspects of the PD, the park land dedication, the
> well site dedication, road fees (timing and use), park fees (requested
> credits), annexation proceedings, etc.... I am concerned about their
> request for how the road fees are used and the fact that they want to
chip
> and seal the gravel portions of CR 78 and 80. They are saying they can
> only afford to pay $100,000 at the time of plat approval for Phase I.
Not
> knowing how the city has addressed the road fees in the past, I am
looking
> for direction. I want to stay consistent with our requirements. I was
> under the impression that the council did not like the chip and seal
> temporary fix.
> In regard to the park fees, they are requesting a credit of $10,000 per
> acre for the flood plain land and $25,000 per acre dedicated above and
> beyond due land amount due to Prosper. I am not certain how we want to
> respond to this request, but the amounts sound high to me.
> Anything new on the sewage solution?
> Just thought I would catch you on e-mail. If not, we will talk later.
> Jeff
> "James Dunmire" <jdunmire@jcpenney com> on 06/21/2001 06:25:41 PM
7/10/O1
Page
> To: JWalker@americorp_com
> cc:
> Fax to:
> Subject: Re: Blackard Development
> Jeff,
> I knew of your relationship with Bob and do appreciate you
> clarification of your background with the project. I still believe that
if
> anything, this can only help in the relationship and cooperation the city
> will
> receive from Bob and his partners. Having not met you until election day
> knew nothing about you. Since the election though I believe that I have
> learned your dedication to the City and the responsibility you accept in
> the
> position. I truly trust you to handle this and have no doubt it will be
> always
> to the city's best interest.
> I have tried to be as open and provide as much information as
> possible
> but know that I can do better. I have asked, as Janet did that any
special
> projects and meeting be reported back to the council. If someone is on
> point
> on an issue I expect that. However, there is not any need for
> correspondence
> on every discussion if new issues or agreements have not been presented.
> What
> is important is when you feel closure is near and that you have come
close
> to
> an agreement the entire council can be happy with. The reason I had not
> discussed more of the Waste Water issue on the East side was that it was
> really
> in the infancy stage and only the preliminary discussions had taken
place.
> The
> reason I wanted to talk to you and Darin after the meeting in person was
> wanted you all to know exactly what had or had not yet taken place. I
also
> in
> the discussion with Blackard wanted them to know that we had nothing, but
> were
> at least actively pursuing a solution as I had promised we would, to the
> Gentle
> Creek folks the week before. I am trying to be very protective of the
> council
7/10/01
Page
> members time. I have rejected many agenda items that were not ready and
> have
> challenged anyone wanting a piece of councils valuable time to have a
> prepared
> request in writing for your packet by Thursday of the week before so you
> may
> have time to come in and review over the weekend. I pulled Northridge
off
> of
> last weeks agenda for that reason. I was about to do so this week but
they
> got
> in under the wire and Janet and I were only able to make adjustments to
> their
> PD over the weekend and got word back from them, on Tuesday, thus the
last
> minute changes.
> I do have a meeting planned next month with the School board but
> the
> date has not been set due to vacation schedules and school board meetings
> and
> work sessions. It will be soon. Again I appreciate you so much and
> appreciate
> your support.
> JWalker@americorp.com wrote:
> > Jim - I would be willing to work on this project and appreciate the
> > opportunity. I just want to make sure you are aware that I was
somewhat
> > involved in this development with Bob and Blackard initially. Bob and
I
> > are good friends, and I no longer have involvement in the project. I
> just
> > don't want any perceived conflicts. I also keep the certain city
council
> > business confidential, but Bob likes to ask a lot of questions. He
sees
> me
> > as his buddy on the council, but I am going to keep city business as
city
> > business. I will only do what is best for the city and not was is best
> for
> > Bob. I support consistency in our administration as much as possible.
>I
> > will represent the council well, but felt you should be aware of our
> > relationship. I will assume the lead role on this project unless I
hear
> > from you otherwise.
7/10/01
> > Can I make one request? Is there a way that you can update the council
> on
> > your conversations, meetings, decisions, etc... that happen each week?
> > This would include updates from all council members as well. We have
> > discussed several issues, and then I am not always aware of what may
have
> > happened since our last meeting. Communication between meetings is
> crucial
> > in order to keep our meetings as short as possible and make sure we
take
> > action on projects in a timely manner. I am trying to make sure I am
UP
> to
> > speed on the issues that are put on the agenda so I don't waste time in
> the
> > meetings asking questions that are not necessary. Previous notice of
> > agenda items and background information is always appreciated.
> > I want to support you in any way possible, so just let me know how I
can
> > help. I really want to see the development of parks, so that is high
on
> my
> > agenda. Do we have a scheduled meeting with the school board anytime
in
> > the near future? If there are items we would like to see on the
agenda,
> > should I make those recommendations to you?
> > I think you and the new council are doing a great job.
> > Jeff
> > "James Dunmire" <Jdunmire @jcpenney com> on 06/21/2001 09:42:39 AM
> > To: Jeff Walker <JWalker americorp.com>
> > cc:
> > Fax to:
> > Subject: Blackard Development
> > Jeff,
> > I wanted to ask you if you would take the point on the Blackard
> > / Jamison development. I would be want to work with you initially on
> > the PD ordinance but thought that this would be a good project for you
> > and that you would be our best person to represent the council.
> > Naturally others, Darin on the Park, Charles on the Waste Water, would
> > have special projects within, but you would be their primary contact.
> > At point you would keep them all updated with how each impacts the
> > other. As with all projects Jennifer and I need to be copied on major
> > correspondence just so we can be coordinating how this overall project
7/10/O1
C
> > relates to other projects. Let me know if this would be something you
> > would assume. Thanks
> > (See attached file: jdunn*e.vcf)
> (See attached file: jdunmire.vcf)
(See attached file: jdunniire.vco
7/10/01
r'TA
Town of Prosper
P.O. Box 307
Prosper, Texas 75078
(972) 347-2304 Metro (972) 346-2640
Date: June 27, 2001
To: Mike Beaty
Fax: (972) 668-0207
From: Jennifer Finley
Re: Annexation Petition
Fax (972) 347-2111
Following please find an Annexation Petition for Whispering Farms. Please sign
and fax back to the above number and return the original by mail.
Thanks,
Jennifer Finley
If you do not receive all of these pages, please advise.
Page 1 of 2
Prosper City Council
Workshop meeting 6-19-01
Blackard Developments / Whispering Farms
Items of discussion:
• PD for Development
• Layout of home on 1/3 acre lot (90' by 160')
• Well Site Dedication (OC
• Annexation proceedings
• Park Land Dedication:
o Equestarian demonstration area
o Hike, Bike & Bridle Trails
o Park area behind dam to include area for ball field and multi-
use center Z Z - Zn 0""-S .
o Share parking with Elementary School
• Package Plant Scenarios - '�W fj buadj-�)
•
•
•
Blackard Developments, Inc. Page 1 6/19/2001
. �J
Prosper PD Proposal:
• 1.95 overall density cap on the starting gross acreage, excluding "Village" lots
and commercial zoning areas. -� D ��aLU5 vsb b)
• 50% "Masonry" Coverage for all structures, with "Masonry" to be defined as
Stone, Stucco,4-t
nd Brickpg(o—�)�I�U
• All lots regardless osize to�be OJ ervicey bar ditches:
o We will be installing the driveway entrance culverts for the Builders
o Maintain continuity throughout neighborhood and rural feel
o Prevent problems that are occurring elsewhere in the City by controlling
entrance cuts & culvert placement
o "Village" areas to have curb and gutter
• Neighborhood Services center to accommodate Work/Live units on Village lots.
• Restricted uses similar to Blue Star PD for all commercial and retail activities
• Residential zoning to allow for "Granny Flats" as part of a detached structure
and/or garage of up to 800 sgft
• Setbacks: qu Me- uinl fdw'Ul
o Setbacks for regular lots (1/3, %2, and 3/4 acre lots)
■ Front: 35'
■ Side: 10'
■ Rear:30'
o Estate Lots (1 ac and up)
■ Front:45'
■ Side: 15' main building, 10' accessory building
■ Rear: 30' main building, 10' accessory building
o Village Lots
■ Front:5'
■ Rear: 10'
■ Side: If detached, minimum of 10' between structures
■ Attached Buildings allowed with appropriate party wall
Blackard Developments, Inc. Page 2 6/19/2001
O
J
t8H qlq I i
Town Council Workshop Meeting 4-17-01
Discussion Points:
1. Water Well & Storage Site
a. Ready to dedicate land for site (- 2 acres)
b. Can move to NW corner if needed (due to proximity of Gentle Creek Wells)
2. Park dedication
a. Will be dedicating park land around lake
b. Public park to provide Citizens of Prosper a place to fish
3. School Site dedication
a. 7-9 acre site for next elementary school
b. will need sewer for school
4. Current Sewer Situation:
a. Tuscany Villages - needs sewer in 12-18 months
b. Gentle Creek - needs sewer by September
c. Discuss current location of existing sewer lines
d. Proposed timeline by McKinney & Ift to bring trunk line up Wilson Creek
e. Options: /V?h,W40
i. Uphill to existing lift station near Prospering Farms
ii. Uphill & under Preston to Prosper Plant
iii. Truck sewage to Prosper Plant
iv. MUD & Temporary Zero Discharge package plant
5. MUD Scenario
a. Apply Gentle Creek Escrow funds to a small lift station and % of pressure line up 122
b. Feed Gentle Creek into Package Plant by gravity line
c. Meter flow
d. Temporary Zero Discharge package plant to be built in Phases:
i. Phase I plant: 150,000 GPD
ii. Requires 45 acres for flowage absorption/evaporation
iii. Will serve Gentle Creek, School Site and Tuscany Villages up to end of Year
4 (2005� ri 7-M W D
iv. If IM / McKinney Line is not in place by Year 3, begin Phase II Plant
v. Phase II plant: 150,000 GPD
vi. Requires an additional 45 acres for flowage absorption/evaporation
vii. Serve both developments until Year 7 (2008)
6. Developer is requesting a Motion from the Council to support the ideas behind the proposed
MUD and to move forward with interlocal agreement between MUD and Town of Prosper.
4/17/2001
Water Well and Storage Site Proposal for Town of Prosper
Following please find a summary of the proposed terms for the dedication of the Water
Storage Facility site to the Town of Prosper on the Villages of Tuscany Development
located in Collin County and within the Town of Prosper ETJ.
We propose a dedication of the 1.5 acres of land required for the water storage tank and
two wells to the Town of Prosper. Terms for this dedication would be:
1. The Town of Prosper would provide water to all residents residing within the
Municipal Utility District to be created that encompasses the Villages of Tuscany
Development (please see attached Exhibit.)
2. This water would be provided at the same rate as is currently paid by Town of
Prosper residents.
3. Future rate adjustments would only be in conjunction with town -wide rate
adjustments.
4. A per meter fee of $350 to be paid to the Town of Prosper for each
meter/residence as it is connected to the water supply system by the
Builder/Contractor.
5. The Town of Prosper would resolve all water supply issues with the Danville
Water Supply Corp resulting in no developer or additional builder paid fees to
Danville or the Town of Prosper.
6. The water storage tank would be set 10-15 feet down in an excavated area that
would still allow for gravity flow drainage on the site dedicated by the developer
to the Town of Prosper.
7. The storage tank is to be set on -grade within this excavated area and painted a
color suitable to the developer.
4
8. Town access to the water storage facility and well site, construction and
permanent, will be restricted to CR122.
9. Berms, walls, and living screens consistent with those used to demarcate the
Villages of Tuscany would be used to isolate the facility versus a perimeter chain
link fence.
10. The land to be dedicated is located on the north-east corner OR the north-west of
the development and the site has direct access to CR 122.
11. The Town of Prosper is responsible for the following costs:
a. All off -site water line costs
b. Upgrading electrical supply to three-phase, if needed
12. Access to three-phase power would be guaranteed with no cost reimbursement to
the Town or other Authority to the MUD's package plant and/or lift station
facility, if needed.
13. Single Loop water supply for the Villages of Tuscany Development
Our desire is to incorporate these items into a global Developer's agreement with the
Town of Prosper.
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Bob Jameson
P.O. Box 640
Prosper, Texas 75078
Ba son
entifad 9L Bum,
(A 0. Box 640 Offacz (972) 562-l515
Promo-, 99(75078 (972) 562-3535
March 8, 2001
Honorable Mayor Steve Coffman
City of Prosper
Dear Steve:
I regret to inform you and the City Council, we are removing our request for annexation of the property
currently known as Star Lakes Estates at this time. I spoke with Jennifer at City Hall and had her
remove us from the agenda for the March meeting. There are many unanswered issues concerning the
Soil Conservation Lake and other important matters that will need to address and finalized before we
will actually be ready to move forward. We are aware that we will have to reapply for annexation at that
time.
Thank you for your cooperation on our Development so far and look forward to working with you and
the City Council in the future.
Sincerely,
/-.-I
Bob Jameson
Star Lakes Estates
Town of Prosper
P.O. Box 307
Prosper, Texas 75078
(972)347-2304
Date: January 29, 2001
Metro (972) 346-2640
To: McKinney Courier Gazette
Fax: (972) 529-1684
From: Jennifer Finley
City Secretary
Town of Prosper
Fax (972) 347-2111
Please publish the following Notice of Public Hearings one (1) time in your
Friday, February 2, 2001 edition of the McKinney Courier Gazette. Publisher's
Affidavit is requested.
Thank You,
Jennifer Finley
If you do not receive all of these pages, please advise.
Page 1 of 2
lwJ
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 2-13-01, and at 7:00 p.m. on
2-20-01 for the purpose of considering annexation into the city limits of the following
described property:
WILLIAM H. THOMPSON SURVEY, ABSTRACT NO.895 AND SPENCER
GRAHAM SURVEY, ABSTRACT NO.359, CONTAINING APPROXIMATELY
275.75 ACRES, MORE OR LESS.
All interested citizens and property owners are hereby notified of their right to appear and
be heard on the matter.
Jennifer Finley, City Secretary
City of Prosper
FROM : CITY OF PROSPER
FAX NO. : 972 347 2111
n
Dec. 11 2000 01:17PM P2
ANNEXATION PETITION
'I-(•)'[11L MAYOR AND (0VERNING BODY
QI. 'rHF ci?'Y OF P Z&— —, '1TXAS:
The; undersigned owner(s) of talc hereinafter described tract of land, which is vacant and
wititolit 1•esidenug, or oil which less than three (3) qualirled voters re-,sieic, hereby p tion
your honorable body to extend the present city limits so as to include ss a part of (lie City
of , i�R�sPE2,.... , Textls, the following described territory, to wit:
W t LLi A n-, H . Tlao rf\Aboa suwv eft A- 815
6pl,0c,eR &P-A*Afvn ScAR�Ue>1 �.3rj9
(c,00-rA,"`ab Aa+ax contiguous to the t.it� of f
I/We certify Chit the alxwve described tract of land is
Texas, is not more than one-half (112) wile in width and that this petition is signed and
duly acknowledged by each and every person tion having nn interest in said
land.
fee stA�.lakes Raatrtecst L.'P. � /
PR,�Sr�k'►Jr i
Uwner',r ,Signan. 1
'I'i•ii•: STATE OF TEXAS
COUNTY OF o2i
Before me, tleea viiarrsigncd authority, on tide day personally ippeared ► ].
known to me to t:e tltc person whose nine is subscribed to the foregoing instnuitcut wild acknowizdgtd to
me tint he or she cxect:tcd the snare: fpr purposes and considernliors tltarcin expressed.w
oven under my hand anal seal of office, tlti4 —Li4commis
day 1
(SEAL) and for te S�at� ofTas�sexpires:---
40ky n Jennifer Bond
*F My Commission Expires
February 16 2004
Owner's Signature #2
THE STATE OF TEXAS
COUNTY OF
Before me, the undersigned authority, on this day personally appeared
known to me to be the person whose nnme is subscribed to the foregoing Instrument and acknowledged to
me thai he or she executed the wine for purposes trod consideration therein expressed.
Chen under my hand and seal of affice. this day of - 19
(SEAL)
Notary Public in and foe the Ststto of Texas
My commission expires:
Goverrrmentat Service Agency, Inc, 2-6 Arrnexarion Procodaras Hanaal
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Annexation Calendar — Whispering Farms
July 10, 2001 Annexation Petition Accepted by Council
August 3, 2001 Publication of Notice in Paper
August 14, 2001 First Public Hearing
August 21, 2001 Second Public Hearing I
Before Me,
known tome to
19
late: August 1, 2001
To: McKinne
Fax: y Courier Gazette
(972) 529-1684
From: Amber Phillips
City Secretary
Town of Prosper
t2
Annexation Calendar — Whispering Farms
July 10, 2001 Annexation Petition Accepted by Council
August 3, 2001 Publication of Notice in Paper
August 14, 2001 First Public Hearing
August 21, 2001 Second Public Hearing
FROM : CITY OF PROSPER
�'00
FAX NO. : 972 347 2111 Jun. 27 2001 09:20AM P2
ANNEXATION PETITION
TO'1'1 [[ MAYOR AND GOVERNING BODY
OF THE CITY OF �Q�-o , TI. XAS:
The undersigned owner(s) of the hereinafter described tract of land, which is vacant and
without resident.,,,, or on which less than three (3) qualified voters reside, hereby petition
your honorable body to extend the present city limits so as to include as a part of the City
of P," Sn�— 'Texas, the following described territory, to wit:
JAVe certify that the atxwe described tract of land is contignous to the City
Texas, is not more than one-half (1/2) in.ile in width and that this petition is signed and
duly acknowledged by each and every person or corporation having an interest in said
land.
THE STATE OF ..f �cAS
COUNTY U �,m_
Owner'.cAIR
tcere #1;'
s ti
USC�r y A- -d 4 -� V 0� r, ✓� r+l
Before rue, the undemigned authority, on this day personally appeared
known to me to be the person whose nnmc is subscribed to thsriaregoini-AstUctit
me that he. or she executed thr same for purposes and. epnsidc 6 tion )prcin expresser!.
Given under my hand and scat of office,
(SEAL)
No5a y Public in and forth tat
My commission expires:
P��rP Michael David Williams
My Commission Expires
•+� September 18, 2004
of
Owner's Signature #2
THF STATE OF TEXAS
COUNTY Oh_..._-..-
acknowlcdgerl to
Before me, the undersigned authority, on this day personally appeared
known to me to be the person whose name is subscribed to the foregoing instrutment and acknowledged to
me. thai he or she executed the. same for purposes and consideration therein expressed.
Given under my hand and seal of office, this day of , 19
(SFAQ
Notary Ptiblie in and for the State of Texas
My commission expires:
Governmenrdl Service Agency, Inc. 2-6 AanPsation Procedures Manudl
I�
4
610 Town of Prosper)
P.O. Box 307
Prosper, Texas 75078
(972)347-2304
Date: August 1, 2001
Metro (972) 346-2640
To: McKinney Courier Gazette
Fax: (972) 529-1684
From: Amber Phillips
City Secretary
Town of Prosper
Fax (972) 347-2111
Please publish the following Notice of Public Hearings one (1) time in your
Friday, August 3, 2001 edition of the McKinney Courier Gazette. Publisher's
Affidavit is requested.
Thank You,
Amber Phillips
If you do not receive all of these pages, please advise.
Page 1 of 2
rn
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 08/14/01, and at 7:00
p.m. on 08/21/01, for the purpose of considering annexation into the city limits of
the following described property:
WILLIAM H. THOMPSON SURVEY, ABSTRACT NO. 895 AND SPENCER
GRAHAM SURVEY, ABSTRACT NO. 359, CONTAINING APPROXIMATELY
275.75 ACRES, MORE OR LESS.
All interested citizens and property owners are hereby notified of their right to
appear and be heard on the matter.
Amber Phillips, City Secretary
City of Prosper
(00
m
Annexation Letters —Checklist
U.S. Department of Justice -certified
Comptroller of Public Accounts -certified
Secretary of State v
Central Appraisal District
Burlington Northern Railroad
TXU Electric/Gas
Co Sery Electric
Co Sery Gas
Classic Cable
SW BT
SWBT (2
14
r Town of Prosper
P.O. Box 307
Prosper, Texas 75078
(972) 347-2304
September 19, 2001
BFI
Attn: Sally Magnuson
4200 East 14th Street
Plano, TX 75074
Metro (972) 346-2640
Re: Annexation of 275.75 Acres of land into the Town of Prosper
Dear Sally:
Fax (972) 347-2111
Enclosed please find a copy of Annexation Ordinance No. 01-01 annexing the
above referenced land into the Town of Prosper. I have also enclosed a map of
the area.
If any further information is needed to add this land to the franchise area of our
Town, please contact me at the above address or phone number.
Sincerely,
Amber Phillips, Town Secreta
Town of Prosper
P.O. Box 307
Prosper, Texas 75078
(972)347-2304
September 19, 2001
Co-Sery Gas
3501 FM 2181
Corinth, TX 76205
Attn: Gary Smith
Metro (972) 346-2640
Fax (972) 347-2111
Re: Annexation of 275.75 Acres of land into the Town of Prosper.
Dear Gary,
Enclosed please find a copy of Annexation Ordinance No. 01-01 annexing the
above referenced land into the Town of Prosper. I have also enclosed a map of
the area.
If any further information is needed to add this land to the franchise area of our
Town, please contact me at the above address or phone number.
Sincerely,
Amber Phillips, Town Secreta
Town of Prosper
P.O. Box 307
Prosper, Texas 75078
(972)347-2304
September 1q, 2001
Co-Sery Electric
3501 FM 2181
Corinth, TX 76205
Attn: Janet Knight
Metro (972) 346-2640
Fax (972) 347-2111
Re: Annexation of 275.75 Acres of land into the Town of Prosper.
Dear Janet,
Enclosed please find a copy of Annexation Ordinance No. 01-01 annexing the
above referenced land into the Town of Prosper. I have also enclosed a map of
the area.
If any further information is needed to add this land to the franchise area of our
Town, please contact me at the above address or phone number.
Sincerely,
Amber Phillips, Town Secretdry
Town of Prosper
P.O. Box 307
Prosper, Texas 75078
(972)347-2304
September 1q, 2001
Office of the Secretary of State
Statutory Documents Division
P.O. Box 12887
Austin, TX 78711
Metro (972) 346-2640
Fax (972) 347-2111
Re: Annexation of 275.75 Acres of land into the Town of Prosper.
Enclosed please find a copy of Annexation Ordinance No. 01-01 annexing the
above referenced land into the Town of Prosper. I have also enclosed a map of
the area.
If any further information is needed to add this land to the franchise area of our
Town, please contact me at the above address or phone number.
Sincerely,
Amber Phillips, Town Secreta
Town of Prosper
P.O. Box 307
Prosper, Texas 75078
(972)347-2304
September 1q, 2001
Metro (972) 346-2640
Southwestern Bell Telephone Company
Attn: Maria Monk
2301 Ridgewood Drive
Piano, TX 75025
Fax (972) 347-2111
Re: Annexation of 275.75 Acres of land into the Town of Prosper.
Dear Maria,
Enclosed please find a copy of Annexation Ordinance No. 01-01 annexing the
above referenced land into the Town of Prosper. I have also enclosed a map of
the area.
If any further information is needed to add this land to the franchise area of our
Town, please contact me at the above address or phone number.
Sincerely,
Amber Phillips, Town Secreta
Town of Prosper
P.O. Box 307
Prosper, Texas 75078
(972)347-2304
September 141, 2001
Metro (972) 346-2640
Southwestern Bell Telephone Company
Attn: Dennis Bailey
208 N. Rockwall
Terrell, Texas 75160
Fax (972) 347-2111
Re: Annexation of 275.75 Acres of land into the Town of Prosper.
Dear Dennis,
Enclosed please find a copy of Annexation Ordinance No. 01-01 annexing the
above referenced land into the Town of Prosper. I have also enclosed a map of
the area.
If any further information is needed to add this land to the franchise area of our
Town, please contact me at the above address or phone number.
Sincer ly,
tuber Phillips, Town Secreta
Town of Prosper
P.O. Box 307
Prosper, Texas 75078
C7
(972)347-2304
September 1q, 2001
TXU Electric
Attn: Steve Matthews
103 W. McDermott, Suite 200
Allen, Texas 75013-2751
Metro (972) 346-2640
Fax (972) 347-2111
Re: Annexation of 275.75 Acres of land into the Town of Prosper.
Dear Steve,
Enclosed please find a copy of Annexation Ordinance No. 01-01 annexing the
above referenced land into the Town of Prosper. I have also enclosed a map of
the area.
If any further information is needed to add this land to the franchise area of our
Town, please contact me at the above address or phone number.
Sincerely,
tuber Phillips, Town Secr ary
Town of Prosper ;
P.O. Box 307
Prosper, Texas 75078
(972) 347-2304 Metro (972) 346-2640
September 1q, 2001
Burlington -Northern Railroad
C/o Durwood Cochrum, Property Manager
2680 Continental Place — 777 Main
Fort Worth, TX 76102
Fax (972) 347-2111
Re: Annexation of 275.75 Acres of land into the Town of Prosper.
Dear Mr. Cochrum,
The Town of Prosper is notifying Burlington -Northern Railroad of an annexation
by public hearing because your railroad serves our Town and is on the tax roll.
The land is not bordered by Burlington -Northern Railroad. The legal description
of the property is as follows:
William H. Thompson Survey, Abstract No. 895, and Spencer Graham Survey,
Abstract No. 359 containing 275.75 acres of land in Prosper, Texas, Collin
County.
If any further information is needed, please contact me at the above address or
phone number.
Sincerely,
tuber Phillips, Town Secrefily
Town of Prosper
P.O. Box 307
Prosper, Texas 75078
(972) 347-2304
September 1q, 2001
Central Appraisal District
Attn: Carl Birdwell
2404 K Avenue
Plano, TX 75074-5911
Metro (972) 346-2640
Fax (972) 347-2111
Re: Annexation of 275.75 Acres of land into the Town of Prosper.
Dear Carl,
Enclosed please find a copy of Annexation Ordinance No. 01-01 annexing the
above referenced land into the Town of Prosper. The property will be developed
as Single -Family residences. I have also enclosed a map of the area.
If any further information is needed to add this land to the franchise area of our
Town, please contact me at the above address or phone number.
Sincerely,
Amber Phillips, Town Secre ry
Town of Prosper
P.O. Box 307
Prosper, Texas 75078
(972)347-2304
September 1q;, 2001
Classic Cable
Attn: Rodney Fletcher
3815 Pioneer Road
Balch Springs, TX 75180
Metro (972) 346-2640
Fax (972) 347-2111
Re: Annexation of 275.75 Acres of land into the Town of Prosper.
Dear Rodney,
Enclosed please find a copy of Annexation Ordinance No. 01-01 annexing the
above referenced land into the Town of Prosper. I have also enclosed a map of
the area.
If any further information is needed to add this land to the franchise area of our
Town, please contact me at the above address or phone number.
Sincer ly,
UR
Amber Phillips, Town Secre ary
Town of Prosper
P.O. Box 307
Prosper, Texas 75078
(972) 347-2304 Metro (972) 346-2640 Fax (972) 347-2111
September 19, 2001
U.S. Department of Justice, Voting Section
Civil Rights Division
P.O. Box 66128
Washington, D.C. 20035-6128
Re: Annexation of 275.75 Acres of Land into the Town of Prosper, Texas.
My name is Amber Phillips, Town Secretary. I am submitting this information to
you on behalf of the Town of Prosper, Texas, 109 South Main Street, Prosper,
Texas 75078.
The above referenced land was annexed into the Town of Prosper, Texas and
the owners of the land will have the same voting rights as all other citizens in the
Town. The land has no improvements at this time but will not abridge the voting
rights of anyone.
A copy of ordinance number 01-01, which annexed the land into the Town of
Prosper is enclosed for your review.
The City Council of the Town of Prosper, Texas, after careful consideration,
annexed the land to increase the City's tax base, and the owner needed the
facilities of the Town including fire, police protection, water, garbage, and other
services.
The City Officials consist of a Mayor and five Council Members elected at large
for two (2) year terms.
The population of the Town of Prosper, Texas prior to the annexation is 1,850
per North Central Texas Council of Governments. The annexed land is
uninhibited at this time. The property annexed will be used for single-family
homes only.
If you have any further questions, please contact me at the above address or
phone number.
Sincbrelv,
�&&_ Aw_��
Amber Phillips, Town Se retary
,.0 Town of Prosper
P.O. Box 307
Prosper, Texas 75078
�i
(972)347-2304
September 14, 2001
Metro (972) 346-2640
Sales Tax Division
Comptroller of Public Accounts
Lyndon B. Johnson state Office Building
Austin, TX 78774
Fax (972) 347-2111
Re: Annexation of 275.75 Acres of land into the Town of Prosper.
Dear Carl,
Enclosed please find a copy of Annexation Ordinance No. 01-01 annexing the
above referenced land into the Town of Prosper. I have also enclosed a map of
the area.
If any further information is needed to add this land to the franchise area of our
Town, please contact me at the above address or phone number.
Sincerely,
&64
ber Phillips, Town Secret ry