13-10 - RTOWN OF PROSPER, TEXAS
RESOLUTION NO. 13-10
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AUTHORIZING THE REDUCING OF ITS EXTRATERRITORIAL
JURISDICTION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Prosper, Texas ("Prosper") is a home rule municipality
established and operating under the laws of the State of Texas, and the current corporate
municipal boundaries and extraterritorial jurisdiction ("ETJ") for Prosper are shown on Exhibit
"A", attached hereto and incorporated herein for all purposes; and
WHEREAS, Prosper, Denton County Fresh Water Supply District No. 10 ("District"), 166
Bryan Road Partners, L.P. ("Developer") and Bryan Road Retail Partners, L.P. ("Landowner")
reached an Agreement for the Reduction of the Extraterritorial Jurisdiction of Town of Prosper,
Texas ("Agreement"); and
WHEREAS, Landowner is the owner of an approximately 166.48 acre, more or less,
tract of land ("ETJ Parcel") which is located in Prosper's ETJ, as more particularly depicted on
and described in Exhibits "A" and "B", respectively, attached hereto and incorporated herein for
all purposes; and
WHEREAS, the Agreement, previously approved and signed by the Landowner, District,
and Developer was approved by the Town Council of the Town of Prosper, Texas ("Town
Council") on December 13, 2011; and
WHEREAS, Section 42.023, Texas Local Government Code, as amended, provides
Prosper with the legal authority to, upon written consent by resolution, reduce its ETJ; and
WHEREAS, the Town Council finds that it is in the best interest of the citizens of Prosper
that Prosper reduce its ETJ by removing the ETJ Parcel form its ETJ.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
SECTION 1. Findings Incorporated. The findings set forth above are incorporated into
the body of this Resolution as if fully set forth herein.
SECTION 2. Reduction of ETJ. The Town Council hereby consents, by the passage of
this Resolution, in compliance with Section 42.023, Texas Local Government Code, as
amended, to the reduction of its ETJ by removing the ETJ Parcel from its ETJ.
PROSPER RESOLUTION REDUCING ETJ (166.48 ACRES) PAGE 1 OF 4
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SECTION 3. Effective Date. This Resolution is effective immediately upon its passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS on the 12th day of February, 2013.
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RAY SMITH, ayor
ATTEST:
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Amy Piukanreiary
PROSPER RESOLUTION REDUCING ETJ (166.48 ACRES) PAGE 2 OF 4
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EXHIBIT "A"
Prior Corporate Municipal Boundaries and ETJ Map of Prosper, Texas/Depiction
of ETJ Parcel
It
E
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EXHIBIT "B"
Metes and Bounds Description of ETJ Parcel
BEING all that certain tract or parcel of land lying and being situated in the William Lumpkin
survey, Abstract No. 730, Denton County, Texas, being all of a (called) 166.4807 acre tract
deeded by G. H. Kelsoe to Gene P. McCutchin on the 29th day of September, 1989, recorded in
Volume 2710, Page 922, Deed Records of Denton County, Texas, and being more particularly
described as follows:
BEGINNING at a found 1/2 inch iron rod in the intersection of Bryan Road and Eureka Lane, at
the Southwest corner of said McCutchin Tract, which is the Northwest corner of Tract 2 (called)
56.483 acres, deeded to Eureka Lane, Ltd., recorded in County Clerk's File Number 97-
R0041445 Real Property Records of Denton County, Texas and being on the East line a tract
described in a Deed to Mildred Hodges, recorded in Volume L, Page 587, District Court
Minutes, Denton County, Texas;
THENCE North 00 degrees 03 minutes 59 seconds East with the West line of said McCutchin
Tract and the East line of said Mildred Hodges Tract, in Bryan Road, and passing the Northeast
corner of said Hodges Tract, which is the Southeast corner of a tract deeded to Roddy J. Layman,
recorded in Volume 2261, Page 53, Real Property Records, continuing and passing the Northeast
corner of said Layman Tract, which is the Southeast corner of a tract deeded to Thomas
Downtain, Trustee, recorded in Volume 1964, Page 63, Real Property Records, and continuing a
total distance of 3161.90 feet to a found 1/2 inch rod at a point of intersection in a turn of Bryan
Road, at the Northwest corner of said McCutchin Tract and being in the South line of a tract
deeded to W. C. Orr, Jr., recorded in Volume 291, Page 597, Deed Records of Denton County,
Texas.
THENCE South 90 degrees 00 minutes 00 seconds East with the North line of said McCutchin
Tract in Bryan Road, and passing the Southeast corner of said Orr Tract which is a Southwest
corner of a tract deeded to C. M. Jackson, recorded in Volume 546, Page 12, Deed Records of
Denton County, Texas, and continuing a total distance of 2291.69 feet to an iron pin at the
Northwest corner of a (called) 166.9 acre tract described in a Deed to Marsh Family Partnership,
recorded in Volume 2633, Page 184, Real Property Records of Denton County, Texas;
THENCE South 00 degrees 00 minutes 00 seconds West, with the East line of said McCutchin
Tract and the West line of said Marsh Family Partnership Tract, along and near a fence, a
distance of 3161.90 feet to a 1/2 inch iron rod set in Eureka Lane at the Southeast corner of said
McCutchin Tract and the Southwest corner of said Marsh Family Partnership Tract, and being on
the North line of said Eureka Lane Ltd. Tract 2;
THENCE North 90 degrees 00 minutes 00 seconds West with the South line of said McCutchin
Tract and the North line of said Eureka Lane, Ltd. Tract, in Eureka Lane, a distance of 2295.36
feet to the Point of Beginning and containing in all 166.48 acres of land, more or less.
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