19-75 - O20191009001267960 10/09/2019 02:40:52 PM 00 1/7
TOWN OF PROSPER, TEXAS ORDINANCE NO. 19-75
AN ORDINANCE PROVIDING FOR THE ANNEXATION OF A TRACT OF LAND
SITUATED IN THE JEREMIAH HORN SURVEY, ABSTRACT NO. 411, COLLIN
COUNTY, TEXAS, CONTAINING APPROXIMATELY 6.790 ACRES OF LAND,
AND BEING MORE GENERALLY LOCATED 1,000± FEET SOUTH OF E. FIRST
STREET, 4,000± FEET WEST OF CUSTER ROAD, MORE OR LESS, IN COLLIN
COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTS OF
THE ABOVE -DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE
RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF PROSPER AND BE
BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND
HEREAFTER ADOPTED; PROVIDING FOR REPEALING, SAVINGS AND
SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council"), pursuant
to the authority contained in Chapter 43 of the Texas Local Government Code, has investigated
and determined that it would be advantageous and beneficial to Prosper and its inhabitants to
annex the hereinafter described property ("Property") into the Town of Prosper ("Town"); and
WHEREAS, the Town Council finds that all requisites relative to consideration and
adoption of this Ordinance have been complied with, pursuant to Chapter 43, Texas Local
Government Code; and
WHEREAS, the Town Council finds that the Property that is the subject of this Ordinance
is within the extraterritorial jurisdiction of the Town and is adjacent and contiguous to the existing
town limits of the Town; and
WHEREAS, the Town Council finds that the field notes close the boundaries of the
Property being annexed; and
WHEREAS, the Town Council has conducted at least two public hearings at which
persons interested in the annexation were given an opportunity to be heard regarding the
proposed annexation and the proposed service plan, and
WHEREAS, the Town Council finds the public hearings were conducted and held in
accordance with Chapter 43 of the Texas Local Government; and
WHEREAS, the Town Council finds the proposed Service Plan for Annexed Area was
prepared in compliance with law and was available for review and inspection by citizens; and
WHEREAS, the Town 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 TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
TOWN OF PROSPER, TEXAS
ORDINANCE NO. 19-75
AN ORDINANCE PROVIDING FOR THE ANNEXATION OF A TRACT OF LAND
SITUATED IN THE JEREMIAH HORN SURVEY, ABSTRACT NO. 411, COLLIN
COUNTY, TEXAS, CONTAINING APPROXIMATELY 6.790 ACRES OF LAND,
AND BEING MORE GENERALLY LOCATED 1,000± FEET SOUTH OF E. FIRST
STREET, 4,000± FEET WEST OF CUSTER ROAD, MORE OR LESS, IN COLLIN
COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTS OF
THE ABOVE -DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE
RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF PROSPER AND BE
BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND
HEREAFTER ADOPTED; PROVIDING FOR REPEALING, SAVINGS AND
SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council"), pursuant
to the authority contained in Chapter 43 of the Texas Local Government Code, has investigated
and determined that it would be advantageous and beneficial to Prosper and its inhabitants to
annex the hereinafter described property ("Property") into the Town of Prosper ("Town"); and
WHEREAS, the Town Council finds that all requisites relative to consideration and
adoption of this Ordinance have been complied with, pursuant to Chapter 43, Texas Local
Government Code, and
WHEREAS, the Town Council finds that the Property that is the subject of this Ordinance
is within the extraterritorial jurisdiction of the Town and is adjacent and contiguous to the existing
town limits of the Town, and
WHEREAS, the Town Council finds that the field notes close the boundaries of the
Property being annexed, and
WHEREAS, the Town Council has conducted at least two public hearings at which
persons interested in the annexation were given an opportunity to be heard regarding the
proposed annexation and the proposed service plan, and
WHEREAS, the Town Council finds the public hearings were conducted and held in
accordance with Chapter 43 of the Texas Local Government; and
WHEREAS, the Town Council finds the proposed Service Plan for Annexed Area was
prepared in compliance with law and was available for review and inspection by citizens; and
WHEREAS, the Town 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 TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
1
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 in the attached Exhibit A and all public streets, roadways and
alleyways located within or contiguous to the same is hereby annexed into the Town.
SECTION 3
The Service Plan for the Property is attached hereto as Exhibit B and made a part hereof
for all purposes.
SECTION 4
From and after the passage of this Ordinance, the Property shall be a part of the Town,
and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of
Town and shall be bound by all of the ordinances and regulations enacted pursuant to and in
conformity with the laws of the State of Texas.
SECTION 5
That the official map and boundaries of the Town are hereby amended to include the
property as part of the Town 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. 05-20, 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. 05-20, and any amendments thereto.
SECTION 7
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of
the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for
any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said
ordinances shall remain in full force and effect.
SECTION 8
Should any section, subsection, sentence, clause or phrase of this Ordinance be declared
unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any
and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby
declares that it would have passed this Ordinance, and each section, subsection, clause or phrase
Ordinance No. 19-75, Page 2
thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses
and phrases be declared unconstitutional or invalid.
SECTION 9
This Ordinance shall become effective immediately upon its passage.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TF—,X4'PW T4;l�S 8TH DAY OF OCTOBER, 2019.
S
Ray Smith, Mayor
ATTEST.* 191�
Robyn I
attle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
1
Ordinance No. 19-75, Page 3
EXHIBIT "A"
ANNEXATION EXHIBIT
295,789 SQUARE FEET, OR 6.790 ACRES
Being a 6.790 acre tract of land situated in the Jeremiah Horn Survey, Abstract Number 411, Collin County, Texas
same being all of a tract of land to Prosper Independent School District as recorded in Instrument number
20181023001321280 of the Official Public Records of Collin County, Texas, and being more particularly described by
metes and bounds as follows;
Beginning at a 1/2 inch iron rod found for the northwest corner of said 6.790 acre tract said point also being an easterly
inner ell corner of a 73.015 acre tract of land to Prosper Independent School District as recorded in Instrument number
20181023001321670 of the Official Public Records of Collin County, Texas;
THENCE South 72 degrees 44 minutes 33 seconds East along the north line of said 6.790 acre tract same being the
easterly line of said 73.015 acre Prosper Independent School District tract, a distance of 182.34 feet to a 1/2 inch steel
square tubing with cap stamped "BRENNAN 5560" found for corner at an angle point in same;
THENCE North 89 degrees 48 minutes 59 seconds East continuing along the north line of said 6.790 acre tract same
being the easterly line of said 73.015 acre Prosper Independent School District tract, a distance of 266.10 feet to a 5/8
inch iron rod with cap stamped "TNP" found for the northeast corner of said 6.790 acre tract;
THENCE South 00 degrees 12 minutes 18 seconds East along the east line of said 6.790 acre tract with the remnants
of an old Barbed Wire fence and Tree line, a distance of 664.29 feet to a 1/2 inch iron rod with cap stamped "R.P.L.S.
1674" found lying on the north line of a called 67.728 acre tract of land to 55 Prosper, L.P. by affidavit of Merger
recorded in instrument Number 20120111000035080 of the Official Public Records of Collin County, Texas and
previously known as 67 Prosper L.P. as recorded in Instrument Number 20060921001363990 of the Official Public
Records of Collin County, Texas said point also being the southwest corner of a called 73.060 acre tract of land to 55
Prosper, L.P. by affidavit of Merger recorded in instrument Number 20120111000035080 of the Official Public Records
of Collin County, Texas and previously known as 73 Prosper L.P. as recorded in Instrument Number
20051017001461230 of the Official Public Records of Collin County and the southeast corner of said 6.790 acre tract;
THENCE South 89 degrees 33 minutes 38 seconds West along the north line of said 67.728 acre tract and the south
line of said 6.790 acre tract, a distance of 435.30 feet to a 1/2 inch iron rod found for the southwest corner of said
6.790 acre tract;
THENCE North 00 degrees 34 minutes 54 seconds West along the west line of said 6.790 acre tract, a distance of
720.90 feet to the POINT OF BEGINNING containing 295,789 square feet, or 6.790 acres of land.
SURVEYOR'S CERTIFICATE
I, Brian J. Maddox II, a Registered Professional Land Surveyor in the State of Texas, do hereby certify that I have
prepared this map from an actual on the ground survey of the land, and the monuments shown thereon were found
under my personal supervision in accordance with the Surveying Rules and Regulations of the State of Texas.
"" G
Brian J. Maddox II
Registered Professional Land Surveyor No. 6659
August 02, 2019
teague nail & perkins
tn820 Watters Creek Boulevard, Suite M300
Allen, Texas 75013.tn
214.461.9867 ph www.tnpinc.com
T.B.P. L.S. Firm No. 10194381
PAGE 1 OF 2
Ordinance No. 19-75, Page 4
0 100 200 300
GRAPHIC SCALE
1-INCH = 100 FEET
LEGEND
(C.M.) - CONTROL MONUMENT
IRF - IRON ROD FOUND
CIRF - CAPPED IRON ROD FOUND
CIRS - CAPPED IRON ROD SET
R.O.W.-RIGHT-OF-WAY
OHE-OVERHEAD ELECTRIC
D.R.C.C.T. - DEED RECORDS COLLIN COUNTY, TEXAS
O.P.R.C.C.T. - OFFICIAL PUBLIC RECORDS COLLIN COUNTY, TEXAS
BASIS OF BEARINGS. -
Bearings of lines shown hereon refer to Grid North of the Texas
Coordinate System of 1983 (North Central Zone 4202) Geodetic
Bearing Established by GPS Measurements taken on the ground and
computed by Online Positioning User Service (OPUS) offered by the
National Geodetic Survey. All coordinates and distances shown are
surface utilizing a combined scale factor of 1.000152723.
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TOWN OF PROSPER WATER EASEMENT #5
INSTRUMENT NUMBER 20140307000214920 TOWN OF PROSPER WATER EASEMENT #4
O.P.R.C.C.T. INSTRUMENT NUMBER 20140307000214920
O.P.R.C.C.T.
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LARKIN McCARTY SURVEY ABSTRACT NO.600 I
_ APPROXIMATE LOCATION OF SURVEY LINE I
JEREMIAH HORN SURVEY ABSTRACT NO. 411 I
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PROSPER INDEPENDENT SCHOOL DISTRICT
TRACT 1
CALLED 73.015 AC
INSTRUMENT NUMBER 20181023001321670
O.P.R.C.C.T.
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ACCESS EASEMENT
VOLUME 4529, PAGE 191'
D.R.C.C.T.
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POINT OF I I
BEGINNING
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/PREVIOUSLY KNOWN AS Z
/ 162 PROSPER L.P.
/ TRACT 2
/ CALLED 8.815 AC
/ INSTRUMENT NUMBER
/ 20090508000557170
O.P.R.C.C.T.
CITY OF IRVING 1l2" IRF
75PIPELINE EASEMENT (c.M.)
VOLUME 4869, PAGE 3897
D.R.C.C.T.
—
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"BRENNAN 5560"
N 89048'59" E 266.10'
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2959789 SQUARE FEET
PROSPER INDEPENDENT SCHOOL DISTRICT
CALLED 6.790 AC
INSTRUMENT NUMBER 20181023001321280
0.P.R.C.C.T.
S 89033'38" W 435.30'
55 PROSPER, L.P.
INSTRUMENT NUMBER 20120111000035080
O.P.R.C.C.T.
PREVIOUSLY KNOWN AS
67 PROSPER L.P.
CALLED 67.728 AC
INSTRUMENT NUMBER 20060921001363990
O.P.R.C.C.T.
GENERAL NOTES:
1) The word "certify" or "certificate" as shown and used hereon means an expression of professional opinion regarding the facts of the survey and does not
constitute a warranty or guarantee, expressed or implied.
2) Except as specifically stated or shown on this plat, this survey does not purport to reflect any of the following which may be applicable to the subject tract:
easements; building setback lines; restrictive covenants; subdivision restrictions; zoning or other land -use regulations; Agreements; Lease Agreements; and
ownership title evidence.
3) The survey abstract lines shown hereon are approximate and are not located on the ground
4) No Improvements are shown.
Being a 6.790 acre tract of land situated in the Jeremiah Horn Survey, Abstract Number 411, Collin County, Texas same being all of a tract of land to Prosper
Independent School District as recorded in Instrument number 20181023001321280 of the Official Public Records of Collin County, Texas, and being more particularly
described by metes and bounds as follows;
Beginning at a 1/2 inch iron rod found for the northwest corner of said 6.790 acre tract said point also being an easterly inner ell corner of a 73.015 acre tract of land to
Prosper Independent School District as recorded in Instrument number 20181023001321670 of the Official Public Records of Collin County, Texas;
THENCE South 72 degrees 44 minutes 33 seconds East along the north line of said 6.790 acre tract same being the easterly line of said 73.015 acre Prosper
Independent School District tract, a distance of 182.34 feet to a 1/2 inch steel square tubing with cap stamped "BRENNAN 5560" found for corner at an angle point in
same;
THENCE North 89 degrees 48 minutes 59 seconds East continuing along the north line of said 6.790 acre tract same being the easterly line of said 73.015 acre
Prosper Independent School District tract, a distance of 266.10 feet to a 5/8 inch iron rod with cap stamped "TNP" found for the northeast corner of said 6.790 acre
tract;
THENCE South 00 degrees 12 minutes 18 seconds East along the east line of said 6.790 acre tract with the remnants of an old Barbed Wire fence and Tree line, a
distance of 664.29 feet to a 1/2 inch iron rod with cap stamped "R.P.L.S. 1674" found lying on the north line of a called 67.728 acre tract of land to 55 Prosper, L.P. by
affidavit of Merger recorded in instrument Number 20120111000035080 of the Official Public Records of Collin County, Texas and previously known as 67 Prosper L.P.
as recorded in Instrument Number 20060921001363990 of the Official Public Records of Collin County, Texas said point also being the southwest corner of a called
73.060 acre tract of land to 55 Prosper, L.P. by affidavit of Merger recorded in instrument Number 20120111000035080 of the Official Public Records of Collin County,
Texas and previously known as 73 Prosper L.P. as recorded in Instrument Number 20051017001461230 of the Official Public Records of Collin County and the
southeast corner of said 6.790 acre tract;
THENCE South 89 degrees 33 minutes 38 seconds West along the north line of said 67.728 acre tract and the south line of said 6.790 acre tract, a distance of 435.30
feet to a 1/2 inch iron rod found for the southwest corner of said 6.790 acre tract;
THENCE North 00 degrees 34 minutes 54 seconds West along the west line of said 6.790 acre tract, a distance of 720.90 feet to the POINT OF BEGINNING containing
295,789 square feet, or 6.790 acres of land.
SURVEYOR'S CERTIFICATE
I, Brian J. Maddox Il, a Registered Professional Land Surveyor in the State of Texas, do hereby certify that I have prepared this map from an actual on the ground
survey of the land, and the monuments shown thereon were found under my personal supervision in accordance with the Surveying Rules and Regulations of the State
of Texas.
I
Brian J. Maddox II
Registered Professional Land Surveyor No. 6659
August 02, 2019
/
/
/
/
/
/
/
/
/
- 5l8" CIRF
/
"TNP" /
/
/
/
/
/
/
/
/
/
/
/
/
55 PROSPER, L.P.
INSTRUMENT NUMBER 20120111000035080
O.P.R.C.C.T.
PREVIOUSLY KNOWN AS
73 PROSPER L.P.
CALLED 73.060 AC
INSTRUMENT NUMBER 20051017001461230
O.P.R.C.C.T.
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00
N /
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112- CIRF
"R.P.L.S.1674"
I
OWNER
PROSPER INDEPENDENT
SCHOOL DISTRICT
605 East 7th Street
Prosper, Texas 75078
Contact: Dr. Drew Watkins
ph 469.219.2000
EXHIBIT A
ANNEXATION EXHIBIT
6.790 ACRES
OR
295,789 SQUARE FEET
A TRACT OF LAND SITUATED IN THE
JEREMIAH HORN SURVEY, ABSTRACT NUMBER 411,
COLLIN COUNTY, TEXAS
BEING ALL OF A 6.790 ACRE TRACT OF LAND TO PROSPER INDEPENDENT
SCHOOL DISTRICT AS RECORDED IN INSTRUMENT NUMBER 20181023001321280
OF THE OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY, TEXAS
PROJECT INFORMATION SURVEYOR
Project No.: HUC 19068 ♦ TEAGUE NALL AND PERKINS, INC.
Date: August 02, 2019 825 Watters Creek Boulevard, Suite M300
Drawn By: JM ♦ Allen, Texas 75013
Scale: 1 "=100' tn 214.461.9867 ph 214.461.9864 fx
Sheet 2 Of 2 P TBPLS Registration No. 10194381
www.tnpinc.com
Ordinance No. 19-75, Page 5
SERVICE PLAN FOR ANNEXED AREA
ANNEXATION ORDINANCE NO. 19-75
DATE OF ANNEXATION ORDINANCE: October 8, 2019.
Municipal Services to the area of land depicted in Exhibit A shall be furnished by or on behalf of
the Town of Prosper, Texas ("Town") at the following levels and in accordance with the following
schedule:
A. POLICE PROTECTION:
Police personnel and equipment from the Prosper Police Department shall be provided to
the area annexed, at a level consistent with current methods and procedures presently
provided to similar areas of the Town, on the effective date of this Ordinance.
B. FIRE PROTECTION / EMERGENCY MEDICAL SERVICES:
Fire protection and Emergency Medical Services (EMS) from the Town shall be provided to
the area annexed, at a level consistent with current methods and procedures presently
provided to similar areas of the Town, on the effective date of this Ordinance.
C. FIRE PREVENTION / INVESTIGATION:
The services of the Town of Prosper Fire Department shall be provided to the area on the
effective date of this Ordinance. The non -emergency services of fire prevention and fire
investigation will be added to the list of services provided by the Prosper Fire Department.
D. SOLID WASTE COLLECTION:
Solid waste collection shall be provided to the area annexed upon request on the effective
date of this Ordinance up to the second anniversary of the annexation. After that time,
residents will be required to use the Town's solid waste collection company. The collection
of refuse from individual properties shall be made in accordance with the Town's usual solid
waste collection scheduling.
E. WATER SERVICE:
1. This area is currently serviced by the Town's water distribution system. Future
expansion and extensions of the Town's Water Distribution System will provide better
flow rates and line pressures, and is in accordance with applicable Town codes and
policies.
2. Maintenance of private lines will be the responsibility of the owner or occupant
F. SANITARY SEWER SERVICE:
The annexed area will be provided sanitary sewer service in accordance with applicable
codes and departmental policy. When development occurs in adjacent areas, sanitary
sewer service shall be provided in accordance with applicable Town codes and policies,
including extensions of service.
Ordinance No. 19-75, Page 6
2. Operation and maintenance of private wastewater facilities in the annexed area will be
the responsibility of the owner.
G. ROADS AND STREETS / STREET LIGHTING:
1. Operation and maintenance of private streets in the annexed area will be the
responsibility of the owner.
2. Operation and maintenance of public streets in the annexed area will be provided by the
Town on the effective date of this Ordinance.
3. The Town will coordinate any request for improved street lighting with the local electric
provider in accordance with Town policy.
H. PARKS AND RECREATION:
Residents within the area annexed may utilize all existing Town park and recreation
facilities, on the effective date of this Ordinance. Fees for such usage shall be in
accordance with current fees established by Town ordinance.
I. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES:
1. Enforcement of current environmental health ordinances and regulations, including, but
not limited to, weed and brush ordinances, junked and abandoned vehicles ordinances
and animal control ordinances, shall begin within this area on the effective date of the
annexation.
2. Inspection services, including, but not limited to, the review of building plans, the
issuance of permits and the inspection of all buildings, plumbing, mechanical, and
electrical work to ensure compliance with Town codes and ordinances will be provided
on the effective date of the annexation.
J. MISCELLANEOUS:
Any publicly owned facility, building, or service located within the annexed area shall be
maintained by the Town on the effective date of the annexation ordinance. All other
applicable municipal services shall be provided to the annexation area in accordance with
the Town's established policies governing extension of municipal services to newly annexed
areas.
Ordinance No. 19-75, Page 7
2 Operation and maintenance of private wastewater facilities in the annexed area will be
the responsibility of the owner.
G. ROADS AND STREETS I STREET LIGHTING:
1 Operation and maintenance of private streets in the annexed area will be the
responsibility of the owner.
2. Operation and maintenance of public streets in the annexed area will be provided by the
Town on the effective date of this Ordinance.
3, The Town will coordinate any request for improved street lighting with the local electric
provider in accordance with Town policy.
H. PARKS AND RECREATION:
Residents within the area annexed may utilize all existing Town park and recreation
facilities, on the effective date of this Ordinance. Fees for such usage shall be in
accordance with current fees established by Town ordinance.
I. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES:
1. Enforcement of current environmental health ordinances and regulations, including, but
not limited to, weed and brush ordinances, junked and abandoned vehicles ordinances
and animal control ordinances, shall begin within this area on the effective dale of the
annexation.
2. Inspection services, including, but not limited to, the review of burding plans, the
issuance of permits and the inspection of all buildings, plumbing, mechanical, and
electrical work to ensure compliance with Town codes and ordinances will be provided
on the effective date of the annexation.
J. MISCELLANEOUS:
Any publicly owned facility, building, or service located within the annexed area shall be
maintained by the Town on the effective date of the annexation ordinance. All other
applicable municipal services shall be provided to the annexation area in accordance with
the Town's established policies governing extension of municipal services to newly annexed
areas.
Ordinance No. 19 15. Page 7
Filed and Recorded
Official Public Records
Stacey hemp, County Clerk
Collin County, TEXAS
10/09/2019 02:40:52 PM
$50.00 DFOSTF.R
20191009001267960