19-62 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 19-62
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, ABANDONING AND VACATING CERTAIN PRESCRIPTIVE RIGHT-
OF-WAY (GOOD HOPE ROAD) AS REFLECTED ON EXHIBIT A; MAKING
FINDINGS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY
CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR
THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town of Prosper, Texas ("Town"), is a duly organized political subdivision
and home -rule municipality of the State of Texas; and
WHEREAS, the Town obtained certain prescriptive right-of-way along a street (indicated
as Good Hope Road) located north of US 380 and south of a point 150 feet north of Mill Branch
Drive as shown on Exhibit A, a copy of which is attached and is incorporated by reference; and
WHEREAS, Exhibit A reflects an approximately 60-foot (60') wide prescriptive right-of-
way (or street), approximately 6,135 feet in length, as indicated above, and the property upon
which the right-of-way (or street) is located has never been dedicated to the Town; and
WHEREAS, since the prescriptive right-of-way (or street) is no longer utilized as such, the
Town has determined that the approximately 60' prescriptive right-of-way (or street) should be
abandoned and vacated, and that any and all rights that the Town may have in the prescriptive
right-of-way (or street) should be released to the adjacent property owner, which abandonment
. and vacation the Town Council has determined is in furtherance of the public health, safety and
welfare of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
Findings Incorporated. The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2
From and after the effective date of this Ordinance, the Town's prescriptive right-of-way
(or street) and any and all rights and interests that the Town may have in such right-of-way (or
street), as set forth in the attached Exhibit A, are hereby abandoned and vacated by the Town,
and the Town hereby disclaims any interest in the right-of-way (or street).
SECTION 3
All ordinances, orders or resolutions heretofore passed and adopted by the Town Council
are hereby repealed to the extent that said ordinances, resolutions, or parts thereof, are in conflict
herewith.
1
SECTION 4
If any section, subsection, clause, phrase or provision of this Ordinance, or the application
thereof to any person or circumstance, shall to any extent be held by a court of competent
jurisdiction to be invalid, void or unconstitutional, the remaining sections, subsections, clauses,
phrases and provisions of this Ordinance, or the application thereof to any person or
circumstance, shall remain in full force and effect and shall in no way be affected, impaired or
invalidated, and the Town Council hereby declares that it would have passed such remaining
portions of this Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
SECTION 5
Effective Date. This Ordinance shall become effective from and after its adoption and
publication, as required by law.
DULY PASSED�PPROVED,
AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPF��t;`�� „ON THIS 10TH DAY OF SEPTEMBER, 2019.
Ray Smit , Mayor
ATTE T:
I '
Robyn B ,ttle, Town SeEt6td
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
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Ordinance No. 19-62, Page 2
EXHIBIT A
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Ordinance No. 19-62, Page 3
EXHIBIT A
PORTIONS OF GOOD HOPE ROAD TO BE ABANDONED
Portion of Good Hope
Road to be abandoned.
Ordinance No. 19-62, Page 3
Denton County
Juli Luke
County Clerk
Instrument Number: 114599
ERecordings-RP
ORDINANCE
Recorded On: September 13, 2019 08:08 AM
Number of Pages: 4
" Examined and Charged as Follows: "
Total Recording: $38.00
*********** THIS PAGE IS PART OF THE INSTRUMENT ***********
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information: Record and Return To:
Document Number: 114599 Simplifile
Receipt Number: 20190912000653
Recorded Date/Time: September 13, 2019 08:08 AM
User: Connor B
Station: Station 10
• STATE OF TEXAS
UNJ; a COUNTY OF DENTON
hereby certify that this Instrument was FILED In the File Number sequence on the date/time
printed hereon, and was duly RECORDED in the Official Records of Denton County, Texas.
Juli Luke
County Clerk
""" Denton County, TX