Loading...
02-45 - OTOWN OF PROSPER ORDINANCE NO. 02-45 AN ORDINANCE SETTING A DATE, TIME, AND PLACE FOR TWO PUBLIC O HEARINGS ON THE PROPOSED ANNEXATION OF APPROXIMATELY 187.03 Cr, ACRES OF LAND MORE OR LESS OUT OF THE COLLIN COUNTY SCHOOL LAND N SURVEY, ABSTRACT NO. 147 AND BEING MORE GENERALLY LOCATED ALONG co THE NORTH SIDE OF COUNTY ROAD 4 WEST OF THE RAIL ROAD TRACK, COLLIN COUNTY, TEXAS. C0 BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: ru co M SECTION 1. On November 12, 2002 and on November 19, 2002, both at 7:00 o'clock p.m., in the Youth Building of the First Baptist Church, 601 S. Church St., Prosper, Texas, the Prosper Town Council will hold public hearings giving all interested persons the right to appear and be heard on the proposed voluntary annexation by the Town of Prosper, Texas, of the following described property, to -wit: Said territory consisting of approximately 187.03 acres more or les as described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. The Mayor of the Town of Prosper, or his designee, is hereby authorized and directed to cause notice of such public hearings to be published once in a newspaper having general circulation in the Town and in the above -described territory not more than twenty days nor less than ten days prior to the date of such public hearings, all in accordance with the Local Government Code (Art. 43.052, Vernon's Texas Civil Statutes). SECTION 3. This ordinance shall be published and passed in the manner provided by -State Law. and in accordance with applicable policies regulations or ordinances of the Town of it .,.. T'>01pe& esxis' . '����•,,......., 60 s . APPROVED THIS 15th DAY OF OCTOBER, 2002. to Mayor Jim Dunmire ATTE n n n. Secretary Amber Date of Publication: Octobers 2002, McKinney Courier Gazette 05286 08284 EXHIBIT A: for Z# BOUNDARY DESCRIPTION FOR ZONING TRACT A BEING a tract of land located in the Collin County School Land Survey No. 12, Abstract No. 147, Collin County, Texas and being all of a called 101.953 acre tract described as "Tract 1" in Deed to Massad and Massad Investments, Ltd., recorded in Volume 4576, Page 2768, Deed Records, Collin County, Texas and being more particularly described as follows: BEGINNING at a point for the Southwest corner Lot 4 of the subdivision of Collin County School Land Survey No. 12, Abstract No. 147, said corner being on an East line of a record 81.258 acre tract described in a deed to Massad and Massad Investments, Ltd., recorded in Volume 4255, Page 2342 of the Land Records of Collin County, said corner also being the Northwest corner of a record 64.62 acre tract described in a deed to Thomas D. Bull, et ux, recorded in Volume 726, Page 106 of the Deed Records of Collin County; THENCE along the recognized West line of said Lot 4, North 00 degrees 16 minutes 17 seconds East 1333.09 feet to a point found at the Northwest corner of said Massad and Massad record 81.258 acre tract; THENCE continuing along the West line of said Lot 4, North 00 degrees 17 minutes 36 seconds East 495.70 feet to a point found for the Northwest corner of a 106.80 acre tract designated Share "C" and described in Case No. 16764 recorded in Book 1, Page 503 of the District Court Minutes, said corner also being the Northwest corner hereof, THENCE along the North line of said Share "C", South 89 degrees 39 minutes 19 seconds East 2622.25 feet to a point on the West right-of-way line of the Burlington Northern and Santa Fe Railroad for the Northeast comer hereof, THENCE South 12 degrees 17 minutes 44 seconds West along said the West line of said Railroad right-of-way a distance of 1869.87 feet to a point on the South line of said Lot 4 for the Southeast corner hereof, THENCE North 89 degrees 38 minutes 27 seconds West 2233.00 feet to the Place of BEGINNING and containing 101.94 acres of which 1.73 acres of same is contained within a 30 ft. wide easement to Matador Pipelines Inc., leaving a net area of 100.21 acres of land. A Lc Sal Ocsc I fact A-Ii &. c' mjh floc Pour 1 ,1 i 05286 08285 BOUNDARY DESCRIPTION FOR ZONING TRACT B BEING a tract of land located in the Collin County School Land Survey No. 12, Abstract No. 147, Collin County, Texas and being all of a called 81.258 acre tract described Deed to Massad and Massad Investments, Ltd., recorded in Volume 4255, Page 2342, Deed Records, Collin County, Texas and being more particularly described as follows: BEGINNING at a point found in County Road No. 4 for the Southwest corner of the premises herein described, said corner being the Southeast corner of a tract conveyed to Prosper Toll Road, Ltd., as evidenced by deed recorded under Collin County Clerk's File No. 97-0088560, THENCE, North 01 degrees 00 minute 37 seconds East passing the Southeast collier or a record 29.27 acre tract described in a deed to Prosper —Toll Road Joint Venture, Ltd., recorded under Collin County Clerk's File No. 96-0090274, and in all a total distance of 2647.82 feet to a point found on the South line of a record 80 acre tract (described in a deed to Ruth Settle recorded in Volume 3655, Page 178, of the Land Records of Collin County) for the Northwest comer hereof and the Northeast corner of said called 29.27 acre tract; THENCE, North 89 degrees 55 minutes 45 seconds East, 1317.96 feet to a point found on the West line of Lot 4 of the subdivision of said Collin County School Land Survey No. 12, Abstract No. 147, for the Northeast corner hereof, THENCE, South 00 degrees 16 minutes 17 seconds West at 1333.09 feet passing a point at the Southwest corner of a record 101.953 acre tract described under the caption "Tract V in a deed recorded in Volume 4579, Page 2768 of the Land Records of Collin County, and in all a total distance of 2659.69 feet to a point found in County Road No. 4 for the Southeast corner hereof, said corner being the Southwest corner of a record 64.62 acre tract described in a deed to Thomas D. Bull, et ux, recorded in Volume 726, Page 106 of the Collin County Deed Records; THENCE along a line in close proximity to the center of said County Road No. 4, North 89 degrees 32 minutes 58 seconds West, a distance of 1352.09 feet to the Place of BEGINNING and containing 81.33 acres of which 1.50 acres of same is subject to a 45 ft. easement to Collin County, leaving a net area of 79.93 acres of land. This description is not based upon an actual on the ground survey by the undersigned, it is for zoning purposes and derived from the existing boundary survey performed by James E. Smith, R.P.L.S. No. 3700, Dated July 16, 2001 and revised July 27, 2001. \ Legal Iksc I race A-11 ,k. (nllh d,VC I'auc _' of 3 4. 05286 08286 ` BOUNDARY DESCRIPTION FOR ZONING TRACT C BEING a tract of land located in the Collin County School Land Survey No. 12, Abstract No. 147, Collin County, Texas and being all of a called 3.775 acre tract described as "Tract I1" in Deed to Massad and Massad Investments, Ltd., recorded in Volume 4579, Page 2768, Deed Records, Collin County, Texas and being more particularly described as follows: BEGINNING at a point on the occupied West line of Business Highway No. 289 for the Southeast corner of the premises herein described, said corner being the Northeast corner of a one acre tract described in a deed to Kent W. Elliott recorded In V011l[11e 4034, Page 102 of the Land Records of Collin County; THENCE along the recognized South line of Lot 4 of the subdivision of the Collin County School Land Survey No. 12, Abstract No. 147, South 89 degrees 51 minutes 27 seconds West 264.70 feet to a point found on the East right-of-way line of the Burlington Northern and Santa Fe Railroad at the Northwest corner of said Elliott tract for the South%vest corner hereof, THENCE along the East right-of-way of said Railroad, North 12 degrees 17 minutes 32 seconds East 1268.12 feet to a point on the occupied West line of Business No. 289 for the North corner hereof, THENCE South 00 degrees 14 minutes 40 seconds West along the occupied West line of said Highway a distance of 1238.40 feet to the Place of BEGINNING and containing 3.763 acres of land. This description is not based upon an actual on the ground survey by the undersigned, it is for annexation and zoning purposes only and derived from the existing boundary survey performed by James E. Smith, R.P.L.S. No. 3700, Dated July 16, 2001 and revised July 27, 2001. �(Ohn S. Turner Registered Professional Land Surveyor No. 5310 A I cal Ocsc l'rac( A-H & ( rnlh r6rc I'a_r t "I' IEMV�� 4v, 7uxvt DF pj/`2 °�� po &,,y �c 7 Fill 6 C4� ; -1y / 05286 08287 r ANY DESC PROVISION OEOION W tIN R Y RF ASE OF THE USEO� TS OOLQ�UBP fk `Ip IN RL D AND UNENfORCFABLEUPJPFRFF.QENAUA'N (COUNTYOFcOLLiN) (THE STATE OF TEYAS) the reby teddy that lhh Inxt!fimdPt r p FIt E0111h4 Fi11 NAIAbs(SegOence on the date and the fire stamped h404giI v CouflrvQTexaz� nt9 REOOR 7ED, In the OIIiGaI Pubhr. Records of RealPropmry CC OCT 3 0 2002 Q`OF COl(iNCo Filed c I l fii,r.j.n COLMy, McKinney TXonorable He:ten gtarne� Collin COLMty Clert- On Oct 30 2002 At 3:51pm Doc/Nu�.t : 2(30?._ 015,9935 Rec0rdi)%TYpe:OR 17.00 Receipt #l: 38764 PUBLISHER'S AFFIDAVIT THE STATE OF TEXAS COUNTY OF COLLIN Before me, this undersigned authority, on this day personally appeared Jim Moser who being by me duly sworn, deposes and says that he is the Publisher of The McKinney Courier -Gazette and that said newspaper meets the requirements of Section 201.004, 201.005 and 201.006 of the Texas Government Code, to wit: 1. It devotes not less than twenty-five percent (25%) of its total column lineage to general interest items; Printer's Fee $ �'• U'� 2. it is published at least once each week; 3. it is entered as second-class postal matter in the county where it is published; a�ahecri� 4. it has been published regularly and continuously since 1897; and 5. it is generally circulated within Collin County. Publisher further deposes and says that the attached notice was published in said newspaper qtn the 4ollowirig date(s) tg wit; , • / /1,,,, AD 2002 SUBSCRI BE AND SWORN BEFORE ME by James E. Moser, who 7-a) is personally know to me, or b) provided the following evidence to establish his identity, on this the � 10, day of , A.D to certify which witness my hand and seal of' office. a� ^�d� Judy A. K;1e P' ` StaTexasNotary Public,M' ComrTiWanAPRIL 17,4 O ifieds CALL Class Legal Notices Legal Notices Legal Notices To be published in th To be published in t McKinney Courier -Gazette To be published in the Wednesday. October 30, 20 . McKinney Courier -Gazette on McKinney Courier -Gazette on Wednesday, October 30, 200?�Wednesday, October 23; LEGAL NOTICE LEGAL NOTICE Wednesday, October 30 and Wednesday, November 6, NOTICE TO CREDITORS 2002. TOWN OF Notice is hereby given that PROSPER, TEXAS original Letters Testamentary ORDINANCE NO.02-45 for the Estate of JOSEPH MARIO MIRAMONTI I An Ordinance setting a date Deceased, were issued on October 23, 2002, in Cause time, and place for two public No. P8001-53t3 02, pending in hearings. on the propose the County Court -at -Law No. i annexation of approximate) of COLLIN County. Texas, to: 187.03 acres of land more o ROBERT C. MIRAMONTI. less out of the Collin County The residence of the School Land Survey, Abstract Independent Executrix is No 147 and being more ROBERT C. MIRAMONTI, generally located along th c/1 JACK North side of County Road 4 M STREETHAWKIN, 1601 ELM STREET, West of the railroad track, SUITE 3000 Alin County, Texas. DALLAS, TEXAS 75201 `___ All persons having claim To be published in the against this Estate which is McKinney Courier -Gazette on currently being administered Wednesday, October 30, 2002. are required to present them within the time and in the LEGAL NOTICE manner prescribed by law. Dated the 24TH day of TOWN OF OCTOBER, 2002. PROSPER,TEXAS ROBERT C. MIRAMONTI INDEPENDENT EXECUTOR ORDINANCE NO.02-46 OF THE ESTATE OF JOSEPH MARIO MIRAMONTI, An Ordinance setting a, date, DECEASED time, and place for a public By GARDERE WYNNE hearing on the proposed zoning of approximately SEWELL LLP 187.03 acres of land more or Michael D. Peay less out of the Collin County 1601 Elm Street Suite 3000 School Land Survey, Abstract Dallas, Texas 75201 No. 147 and being more 214-999-4563 (telephone) generally located along the 214-999-3563 (telecopy) North side of County Road 4 ATTORNEYS FOR THE West of the railroad track, INDEPENDENT EXECUTOR Collin County, Texas. - - To be published in the To be published in McKinney Courier -Gazette on the McKinney Wednesday, October 30, 2002. Courier -Gazette on LEGAL NOTICE Wednesday, October 30 and TOWN OF PROSPER,TEXAS Thursday, October 31, 2002. RESOLUTION NO.02-35 LEGAL NOTICE A Resolution of the Town Council of the Town of Prosper RENEWAL acting as the Board of Adjustment granting a APPLICATION HAS variance from specific BEEN MADE FORA requirements contained within Ordinance No. 84-16, the PRIVATE CLUB Zoning Ordinance of the Town REGISTRATION of Prosper as provided in accordance with the provisions PERMIT FOR SAN of said ordinance and Chapter MIGUEL GRILL ^??o ofo^hr^,4Texas Local Legal Notices Legal h - To be publiE To be published in the McKinney Cour McKinney Courier -Gazette on Wednesday, Oct Wednesday, October 30, 2002. LEGALP LEGAL NOTICE ' Notice is hereby given that, for LEGAL NOTICE the purpose of providing an opportunity for all interested NOTICE OF REFERENDUM persons to be heard, two (2) public hearings will be held by City Council of Celina, In accordance a tY provisions of e s xas, at which hearings will d Agri It C a be considered the annexation y 74, Subcha r an Te , for approximately 5.34 acres of r Admin. Co Chapter 3, land in Collin County, Texas, Subchapter the Texas the same being more Department of Agricufture particularly described herein (the Department) will conduct below. e a referendum on the Such public hearings will be pjbposition of whether or not held at City Hall, 302 W. otton growers shall establish Walnut, Celina, Texas, at 6:00 a boil weevil eradication P.m., Monday, November ii, program in the area 2002, and at 6:00 p.m., designated by rule as the Tuesday, November 12, 2002. Northern Blacidands Boll The area proposed to be Weevil Eradication Zone and annexed is more particularly pay - a maximum annual described by metes and assessment in the amount of bounds as follows: $13.25 per land acre of cotton 5.34 ACRES each year until costs of the TRACT I eradication program plus FIELD NOTES to all that finance charges are paid off, certain tract of land situated in which is anticipated to take up the Jonathan Westover to 10 years, and a nominal Survey, Abstract Number maintenance fee thereafter. 1030, Collin County, Texas and The initiation of a program at being a part of a. called 40.306 this assessment level is acre tract described in the contingent upon obtaining deed from 40.306 ACRE financing and minimum of 30 JOINT VENTURE to percent state and/or federal PROSPER ON PRESTON cost -share funding. If JOINT VENTURE, approved, the program and RECORDED IN Volume 1887, assessment are Page 237, Deed Records, expected to begin in the zone Collin County, Texas as on a date determined by the surveyed by Jerry L Lehew. Texas Boll Weevil Eradication R.P.L.S. No 3897 on 9-15-83; Program Board of,Directors. the subject tract being more The Northern Blacklands Particularly described as Eradication Zone consists of follows: all of Montague, Cooke, BEGINNING for the Northeast Grayson, Fannin, Lamar, Red corner of the tract being River, Bowie, Cass, Morris, described herein at a 1/2-inch Titus, Franklin, Hopkins, Delta, irgn rod found in the East line Hunt, Rockwall, Collin, of State Highway Number 289 Denton, Wise. Jack, Parker, also known as Preston Road Tarrant, Dallas, Kaufman, and being the Northeast Rains, Van Zandt, Henderson, corner of said 40.306 acre Navarro, Ellis, Johnson, Hood, tract and the South line of a Somerveil, Bosque, Hamilton, called 24.086 acre tract and Hill counties; and those described in the deed to parts of McLennan and Robert S Folsom recorded in Limestone counties north of County Clerk's File No 93- State Highway 84. If a zone 00113024; program and assessment are THENCE North 87 Degrees 33 approved by this referendum, Minutes 31 Seconds East with growers in the zone shall vote the North line of said 40.306 again on whether or not to acre tract and the South line of continue eradication efforts said 24.086 acre tract a after four years of active distance of 817.63 feet to a program activities. 112" iron rod found for the Also, as part of the Northeast corner of said referendum a renrPcpntativa 40.306 acre tract and the TOW]' PROSPEF ORDINANCE An Ordinance time, and place hearing on t zoning on api acres of land m, of the John R. l Abstract No. 9 more generally intersection of Hays Road. Persc tip DO YOt ADVERTI! STAND Your classifies representative you make SL noticed! Ju "Bold Wor 542-2631. Special I