02-46 - Or
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TOWN OF PROSPER
ORDINANCE NO. 02-46
AN ORDINANCE SETTING A DATE, TIME, AND PLACE FOR A PUBLIC HEARING
ON THE PROPOSED ZONING OF APPROXIMATELY 187.03 ACRES OF LAND
MORE OR LESS OUT OF THE COLLIN COUNTY SCHOOL LAND SURVEY,
ABSTRACT NO. 147 AND BEING MORE GENERALLY LOCATED ALONG THE
NORTH SIDE OF COUNTY ROAD 4 WEST OF THE RAIL ROAD TRACK, COLLIN
COUNTY, TEXAS.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS:
SECTION 1. On November 19, 2002, 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 a
public hearing 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 hearing to be published once in a newspaper having
general circulation in the Town and in the above -described territory not less than fifteen days
prior to the date of such public hearing, 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
Prosier; Texas
0f A1. ,
SED AND APPROVED THIS 15th DAY OF OCTOBER, 2002.
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Mayor Jim Dunmire
To n Secretary Amber Phillips
Date of Publication: October3& 2002, McKinney Courier Gazette
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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 confer 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 corner 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.
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052-86 08280
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 corner 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 corner 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 1" 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 riet area of', 9.93 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.
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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 IV 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 Volume 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 Southwest comer 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.
John S. Turner
Registered Professional Land Surveyor
No. 5310
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Rdp"dSo Rea1gP oD¢ of Collin CouMy,Teras cn
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ColliinfCountY,�rMcKin:
nney TX
Honorable Helen Starnes
COTTin County Clerk
On Oct 30 2002
At 3: 51 poi
Doc/bli. m : 2002- 0158934
Recordin ./Type:OR 17.00
Receipt #: 38764