02-51 - O5338 005422
TOWN OF PROSPER, TEXAS ORDINANCE NO. 02-51
AN ORDINANCE PROVIDING FOR THE VOLUNTARY ANNEXATION OF A TRACT OF
LAND SITUATED IN THE WILLIAM BUTLER SURVEY, No. 112, PROSPER, COLLIN
COUNTY, TEXAS, CONTAINING APPROXIMATELY 42.43 ACRES OF LAND, 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 HEREINAFTER ADOPTED;
PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND
PROSPER'S ZONING ORDINANCE NO. 84-16 AND ANY AMENDMENTS THERETO;
PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING
FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town of Prosper ("Prosper") received a request from Wayne
Yarbrough to annex a tract of land containing 42.43 acres of land, more or less; and
WHEREAS, the Town Council of the Prosper ("Town Council") under the
authority of Section 43.001, et seq. Local Government Code, investigated and determined
that it would be advantageous and beneficial to Prosper and its inhabitants to annex the
below -described property ("Property") to Prosper; and
WHEREAS, the Town Council finds that the property the subject of this
Ordinance is within the extraterritorial jurisdiction of Prosper and is adjacent and
contiguous to the existing town limits of Prosper; and
WHEREAS, the Town Council finds that the field notes close the boundaries of
the Property being annexed; and
WEHREAS, the Town Council finds that the property the subject of this
Ordinance is one-half (1/2) mile or less in width; and
WHEREAS, the Town Council finds that the property the subject of this
Ordinance is vacant and without residents; and
5338 005423
WHEREAS, the Town Council has conducted at least two, (2) 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 on or
after the fortieth (401h) day but before the twentieth (201h) day before the date of
institution of the annexation proceedings; and
WHEREAS, the Town Council finds it has completed the annexation process
within ninety (90) days after the Town Council instituted annexation proceedings; and
WHEREAS, the Town Council finds the proposed Service Plan for Annexed Area
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:
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 as follows and all public streets, roadways
and alleyways located within or contiguous to the same is hereby annexed to Prosper.
SECTION 3: The Service Plan for the Property is attached hereto and made a
part hereof for all purposes.
SECTION 4: That from and after the passage of this Ordinance, the Property
shall be a part of Prosper, and the inhabitants thereof shall be entitled to all the rights and
5333 005424
privileges of all of the citizens of Prosper and shall be bound by all of the ordinances and
regulations enacted pursuant to and in conformity with the Town Charter and the laws of
the State of Texas.
SECTION 5: That the official map and boundaries of Prosper are hereby
amended to include the property as part of Prosper 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. 84-16, 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. 84-
16, and any amendments thereto.
SECTION 7: Any person, firm or corporation who violates any provision of this
Ordinance and Zoning Ordinance No. 84-16, and any amendments thereto, shall be
deemed guilty of a misdemeanor and upon conviction shall be fined a sum not exceeding
Two Thousand and 00/100 Dollars ($2,000.00), and each and every day such violation
continues shall be considered a separate offense; provided, however, such penal provision
shall not preclude a suit to enjoin such violation.
SECTION 8: Should any part or portion of this Ordinance, or the use created
herein or under Zoning Ordinance No. 84-16, and any amendments thereto, be declared
unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided
that any and all remaining portions shall remain in full force and effect.
5338 0051425
SECTION 9: All ordinances in conflict with this Ordinance are repealed to the
extent they are in conflict, and any remaining portions of the conflicting ordinance shall
remain in full force and effect.
SECTION 10: The caption of this Ordinance shall be published in accordance
with the law and the Town Charter of Prosper and shall be effective immediately upon its
passage and publication.
PASSED AND APPROVED BY THE TOWN OCUNCIL OF THE TOWN OF
PROSPER, TEXAS on this loth Day of December, 2002.
JI UNMIRE, MAYOR
ATTESTED TO AND
CORRECTLY RECORDED BY:
AMBER PHILLIPS, OWN d--RY
p f PR����'��
4-1 Of
,L
Date of Publication: December l,3, 2002
McKinney Courier Gazette
Exhibit "A"
Metes and Bounds Description
42.435 acres
Being all that certain tract or parcel of land lying and being situated in Collin County Texas, a
part of the William Butler Survey, Abstract Number 112, and being and including all that same
tract described in a deed to Wayne A. Robinson and wife, Shirley A. Robinson, recorded in
Volume 3377, Page 923 of the Collin County Land Records, said tract or a parcel of land is
herein described as follows; to wit:
BEGINNING at an iron rod found in the center of County Road No. 78 for the Southwest corner
of the premises herein described, said corner being the Southeast corner of a tract said to contain
37.789 acres as described in a deed to Sterling. Projects, Inc., recorded in Volume 4125, page
2623
Collin County Land Records, Said corner also being in close proximity to the centerline of an
100 ft. wide T.P.& L. Easement recorded in Volume 492, page 85, Collin County Deed Records;
THENCE North 18 degrees 30 minutes 45 seconds East along the West line hereof and the
approximate centerline of said T.P. & L. Easement a distance of 1626.80 feet to an '/2 inch iron
rod found for the Northeast corner of said called 37.789 acre tract, said corner being the
Southwest corner of NORTHCHASE ESTATES, an addition to the City of Prosper according to
the plat thereof recorded in Cabinet F, page 491, Collin County Map Records;
THENCE continuing along the West line hereof and the approximate centerline of said T.P. & L.
Easement, North 18 degrees 32 minutes 55 seconds East 496.26 feet to an '/2 inch Iron rod found
on the Northeast corner of said NORTHCHASE ESTATES, said corner being on the South line
of BRADFORD FARMS ADDITIUON, an addition to Collin County, Texas according to the
plat thereof recorded in Cabinet J. page 765, Collin County Map Records;
THENCE along the South line of BRADFORD FARMS ADDITION North 87 degrees 55
minutes 36 seconds East 272.92 feet to an'/2 inch Iron rod found for corner;
THENCE North 87 degrees 57 minutes 22 seconds East 153.10 feet to an '/2 inch Iron rod found
for corner;
THENCE North 87 degrees 41 minutes 32 seconds East 131.96 feet to an %Z inch Iron rod set for
the Northeast corner hereof, said corner being the Northwest corner of a record 27.4356 acre
tract conveyed to William Gurley by deed recorded under Collin County Clerk's File 95-
0097194;
THENCE South 01 degree 38 minutes 35 seconds East 2006.60 feet to a 5/8 inch Iron rod found
in the center of Collin County Road No. 78 at the Southwest corner of said called 27.4356 acre
tract and the Southeast corner of the premises described herein;
THENCE South 88n degrees 45 minutes 26 seconds West along the approximate center of said
County Road No. 78 a distance o 128983 feet to the Place of BEGINNING And containing
42.435 acres of land.
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5333 005426
TOWN OF PROSPER TEXAS
SERVICE PLAN FOR ANNEXED AREA
ANNEXATION ORDINANCE: NO.02-51
DATE OF ANNEXATION ORDINANCE: December 10, 2002
ACREAGE ANNEXED: 42.43 ACRES
SURVEY, ABSTRACT & COUNTY: WILLIAM BUTLER SURVEY, No. 112, PROSPER, COLLIN
COUNTY, TEXAS, CONTAINING 42.43 ACRES OF LAND, MORE OR LESS.
MUNICIPAL SERVICES TO THE ACREAGE DESCRIBED ABOVE SHALL BE FURNISHED BY OR
ON BEHALF OF THE TOWN OF PROSPER, TEXAS, AT THE FOLLOWING LEVELS AND IN
ACCORDANCE WITH THE FOLLOWING SCHEDULE:
A. POLICE SERVICE
1. PATROLLING, RESPONSES TO CALLS, AND OTHER ROUTINE POLICE SERVICES,
WITHIN THE LIMITS OF EXISTING PERSONNEL AND EQUIPMENT, WILL BE
PROVIDED WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THE ANNEXATION
ORDINANCE.
2. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS AREA,
SUFFICIENT POLICE PERSONNEL AND EQUIPMENT WILL BE PROVIDED TO
FURNISH THIS AREA THE MAXIMUM LEVEL OF POLICE SERVICES CONSISTENT
WITH THE CHARACTERISTICS OF TOPOGRAPHY, LAND UTILIZATION, AND
POPULATION DENSITY WITHIN THE AREA AS DETERMINED BY THE TOWN
COUNCIL WITHIN TWO AND ONE-HALF (2 %2) YEARS FROM THE DATE OF
ADOPTION OF THE ANNEXATION ORDINANCE, OR UPON COMMENCEMENT OF
DEVELOPMENT WITH THE AREA, WHICHEVER OCCURS LATER.
3. UPON ULTIMATE DEVELOPMENT OF THE AREA, THE SAME LEVEL OF POLICE
SERVICE WILL BE PROVIDED TO THIS AREA AS ARE FURNISHED THROUGHOUT
THE TOWN.
B. FIRE SERVICE
1. FIRE PROTECTION AND EMERGENCY AMBULANCE EQUIPMENT BY THE
PRESENT PERSONNEL AND THE PRESENT EQUIPMENT OF THE FIRE
DEPARTMENT, WITHIN THE LIMITS OF AVAILABLE WATER AND DISTANCES
FROM THE EXISTING FIRE STATION, WILL BE PROVIDED TO THIS AREA
WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE.
2. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS AREA,
SUFFICIENT FIRE AND EMERGENCY AMBULANCE EQUIPMENT WILL BE
PROVIDED TO FURNISH THIS AREA THE MAXIMUM LEVEL OF POLICE
SERVICES CONSISTENT WITH THE CHARACTERISTICS OF TOPOGRAPHY, LAND
UTILIZATION, AND POPULATION DENSITY WITHIN THE AREA AS DETERMINED
5338 00542]
ORDINANCE 02-51
BY THE TOWN COUNCIL WITHIN TWO AND ONE-HALF (2'/z) YEARS FROM THE
DATE OF DEVELOPMENT WITHIN THE AREA, WHICHEVER OCCURS LATER.
3. UPON ULTIMATE DEVELOPMENT OF THE AREA, THE SAME LEVEL OF FIRE AND
EMERGENCY AMBULANCE SERVICES WILL BE PROVIDED TO THIS AREA AS
ARE FURNISHED THROUGHOUT THE TOWN.
C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES
ENFORCEMENT OF THE TOWN'S ENVIRONMENTAL HEALTH ORDINANCE AND
REGULATIONS, INCLUDED BUT NOT LIMITED TO WEED AND BRUSH
ORDINANCES, JUNKED AND ABANDONED VEHICLE ORDINANCE, AND ANIMAL
CONTROL ORDINANCES, SHALL BE PROVIDED WITHIN THIS AREA 60 DAYS TO
THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. THESE ORDINANCES
AND REGULATIONS WILL BE ENFORCED THROUGH THE USE OF EXISTING
PERSONNEL.
COMPLAINTS OF ORDINANCES OR REGULATION VIOLATIONS WITHIN THIS
AREA WILL BE ANSWERED AND INVESTIGATED WITHIN 60 DAYS OF THE
EFFECTIVE DATE OF THE ANNEXATION ORDINANCE.
2. INSPECTION SERVICES, INCLUDING THE REVEIW 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 WITHIN 60 DAYS OF THE
EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. EXISTING PERSONNEL
WILL BE USED TO PROVIDE THESE SERVICES.
3. THE TOWN'S ZONING, SUBDIVISION, SIGN, AND OTHER ORDINANCES SHALL
BE ENFORCED IN THIS AREA BEGINNING WITHIN 60 DAYS OF THE EFFECTIVE
DATE OF THE ANNEXATION ORDINANCE.
4. ALL INSPECTION SERVICES FURNISHED BY THE TOWN OF PROSPER, BUT NOT
MENTIONED ABOVE, WILL BE PROVIDED TO THIS AREA BEGINNING WITHIN 60
DAYS OF THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE.
5. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS AREA,
SUFFICIENT PERSONNEL WILL BE PROVIDED TO FURNISH THIS AREA THE
SAME LEVEL OF ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT
SERVICES AS ARE FURNISHED THROUGHOUT THE TOWN.
D. PLANNING AND ZONING SERVICES
THE PLANNING AND ZONING JURISDICTION OF THE TOWN WILL EXTEND
TO THIS AREA WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THE
ANNEXATION ORDINANCE. TOWN PLANNING WILL THEREAFTER
ENCOMPASS THIS PROPERTY, AND IT SHALL BE ENTITLED TO
CONSIDERATION FOR ZONING IN ACCORDANCE WITH THE TOWN'S
COMPREHENSIVE PLAN.
5338 00511.28
ORDINANCE NO. 02-51
E. PARK AND RECREATION SERVICES
1. RESIDENTS OF THIS PROPERTY MAY UTILIZE ALL EXISTING PARK AND
RECREATIONAL SERVICES, FACILITIES, AND SITES THROUGHOUT THE TOWN,
BEGINNING WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THE ANNEXATION
ORDINANCE.
2. ADDITIONAL FACILITIES AND SITES TO SERVE THIS PROPERTY AND ITS
RESIDENTS WILL BE ACQUIRED, DEVELOPED, AND MAINTAINED AT
LOCATIONS AND TIMES PROVIDED BY APPLICABLE PLANS, POLICIES AND
PROGRAMS AND DECISIONS OF THE TOWN OF PROSPER.
3. THIS PROPERTY WILL BE INCLUDED IN ALL PLANS FOR PROVIDING PARKS
AND RECREATION SERVICES TO THE TOWN. THE SAME LEVEL OF PARKS AND
RECREATION SERVICES SHALL BE FURNISHED TO THIS PROPERTY AS IS
FURNISHED THROUGHOUT THE TOWN.
4. EXISTING PARKS, PLAYGROUNDS, AND OTHER RECREATIONAL FACILITIES
WITHIN THIS PROPERTY SHALL, UPON DEDICATION TO AND ACCEPTANCE BY
THE TOWN, BE MAINTAINED AND OPERATED BY THE TOWN OF PROSPER, BUT
NOT OTHERWISE.
F. SOLID WASTE COLLECTION
SOLID WASTE COLLECTION SHALL BE PROVIDED TO THE PROPERTY IN
ACCORDANCE WITH EXISTING TOWN POLICIES, BEGINNING WITHIN 60 DAYS
OF THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. RESIDENTS OF
THIS PROPERTY UTILIZING PRIVATE COLLECTION SERVICES AT THE TIME OF
ANNEXATION SHALL CONTINUE TO DO SO UNTIL IT BECOMES FEASIBLE
BECAUSE OF INCREASED DENSITY OF POPULATION TO SERVE THE PROPERTY
THROUGH THE MUNICIPALITY. COMMERCIAL REFUSE COLLECTION SERVICES
WILL BE PROVIDED TO ANY BUSINESS LOCATED IN THE ANNEXED AREA AT
THE SAME PRICE AS PRESENTLY PROVIDED FOR ANY BUSINESS CUSTOMER
WITHIN THE TOWN OF PROSPER, UPON REQUEST.
2. AS DEVELOPMENT AND CONSTRUCTION COMMENCE ON THIS PROPERTY, AND
POPULATION DENSITY INCREASES TO THE PROPERTY LEVEL, SOLID WASTE
COLLECTION SHALL BE PROVIDED TO THIS PROPERTY IN ACCORDANCE WITH
THE CURRENT POLICIES OF THE TOWN AS TO FREQUENCY, CHANGES AND SO
FORTH.
3. SOLID WASTE COLLECTION SHALL BEGIN WITHIN 60 DAYS OF THE EFFECTIVE
DATE OF THE ANNEXATION ORDINANCE.
G. STREETS
1. THE TOWN OF PROSPER'S EXISTING POLICIES WITH REGARD TO STREET
MAINTENANCE, APPLICABLE THROUGHOUT THE ENTIRE TOWN, SHALL APPLY
TO THIS PROPERTY BEGINNING WITHIN 60 DAYS OF THE EFFECTIVE DATE OF
5330 005hk29
ORDINANCE NO.02-51
THE ANNEXATION ORDINANCE. UNLESS A STREET WITHIN THIS PROPERTY
HAS BEEN CONSTRUCTED OR IS IMPROVED TO THE TOWN'S STANDARDS AND
SPECIFICATIONS, THAT STREET WILL NOT BE MAINTAINED BY THE TOWN OF
PROSPER.
2. AS DEVELOPMENT, IMPROVEMENT OR CONSTRUCTION OF STREETS TO TOWN
STANDARDS COMMENCE WITHIN THIS PROPERTY, THE POLICIES OF THE
TOWN OF PROSPER WITH REGARD TO PARTICIPATION IN THE COSTS THEREOF,
ACCEPTANCE UPON COMPLETION, AND MAINTENANCE AFTER COMPLETION,
SHALL APPLY.
3. THE SAME LEVEL OF MAINTENANCE SHALL BE PROVIDED TO STREETS
WITHIN THIS PROPERTY WHICH HAVE BEEN ACCEPTED BY THE TOWN OF
PROSPER AS IS PROVIDED TO TOWN STREETS THROUGHOUT THE TOWN.
4. STREET LIGHTING INSTALLED ON STREETS IMPROVED TO TOWN STANDARDS
SHALL BE MAINTAINED BY THE EXISTING FRANCHISE IN ACCORDANCE WITH
CURRENT POLICIES.
H. WATER SERVICES
1. CONNECTION TO EXISTING TOWN WATER MAINS FOR WATER SERVICE FOR
DOMESTIC, COMMERCIAL, AND INDUSTRIAL USE WITHIN THIS PROPERTY
WILL BE PROVIDED IN ACCORDANCE WITH EXISTING TOWN POLICIES. UPON
CONNECTION TO EXISTING MAINS, WATER WILL BE PROVIDED AT RATES
ESTABLISHED BY TOWN ORDINANCES FOR SUCH SERVICE THROUGHOUT THE
TOWN.
2. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS PROPERTY,
WATER MAINS OF THE TOWN WILL BE EXTENDED IN ACCORDANCE WITH
PROVISIONS OF THE SUBDIVISION ORDINANCE AND OTHER APPLICABLE
ORDINANCES AND REGULATIONS. TOWN PARTICIPATION IN THE COSTS OF
THESE EXTENSIONS SHALL BE IN ACCORDANCE WITH THE APPLICABLE TOWN
ORDINANCES AND REGULATIONS. SUCH EXTENSIONS WILL BE COMMENCED
WITHIN TWO AND ONE-HALF (2 V.) YEARS FROM THE DATE OF ADOPTION OF
THE ANNEXATION ORDINANCE, OR UPON COMMENCEMENT OF
DEVELOPMENT OF A SUBDIVISION WITHIN THIS PROPERTY, WHICHEVER
OCCURS LATER.
3. WATER MAINS INSTALLED OR IMPROVED TO TOWN STANDARDS WHICH ARE
WITHIN THE ANNEXED AREA AND ARE WITHIN DEDICATED EASEMENTS
SHALL BE MAINTAINED BY THE TOWN OF PROSPER BEGINNING WITHIN 60
DAYS OF THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE.
4. THEIR OWNERS, IN ACCORDANCE WITH EXISTING POLICIES APPLICABLE
THROUGHOUT THE TOWN, SHALL MAINTAIN PRIVATE WATER LINES WITHIN
THIS PROPERTY.
I. MISCELLANEOUS
5338 005430
ORDINANCE NO. 02-51
1. ANY FACILITY OR BUILDING LOCATED WITHIN THE ANNEXED AREA AND
UTILIZED BY THE TOWN OF PROSPER IN PROVIDING SERVICES TO THE AREA
WILL BE MAINTAINED BY THE TOWN COMMENCING UPON THE DATE OF USE
OR
WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE,
WHICHEVER OCCURS LATER.
2. GENERAL MUNICIPAL ADMINISTRATION AND ADMINISTRATIVE SERVICES TO
THE TOWN SHALL BE AVAILABLE TO THE ANNEXED AREA BEGINNING WITHIN
60 DAYS OF THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE.
PJta�Y AOW-K'-?b -'
5333 005431
7D-
umP, 6 , �&x 361
phtr-,4, -rX ?A �g
d-F Phan-v
ANY PROVISION HEREIN WHICH RESTRICTS THE SALE, RENTAL, OR USE OF THE
DESCRIBED REAL PROPEn1Y BECAUSE OF COLOR OR R.iCE IS INVALID AND
UNENFORCEABLE UNDER FEDERAL LAW COUNTY OFCOLLI
(THE STATE OF TEXAS) ( N)
I hereby cenity that this instrument was FILED in the File Number Sequence on the date
and the lime stamped hereon ay me; and was duly RECORDED, 0 the Official Public
Records of Real Property of Collin County. Texas on
JAN 17 2003
Brenda Taylor
♦ f f
Filed for Record in:
C011in COLtnty, McKinney TX
Honorable Brenda Taylor
C011in COLtnty Clerk
Oil Tan 17 2003
At 3:27pm
Doc/Num . 20011- 0010,_K
RecordiniType:OR 25.00
Receipt 5: 2346
PUBL = S HER ' S _AL ]PIP I DAV I T
THE STATE OF TEXAS
COUNTY QF 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:
Printer's Fee $
64,9�. No. 41.)X '5/ Description:
1. It devotes not less than twenty-five percent (25%) of its total column lineage to general interest
items;
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;
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 on the following date(s)
to wit;
11
SUBSCRIBED AND SWORN BEFORE ME by Jim Moser who
�) is personally known to me, or
b) provided the following evidence to establish his/her identity,
on this the day of 'A.D. 2002 to certify w 'ch witness my hand and seal of
office.
Notary Pu lic, State of Texas
(SEAL)
COMMISSION EXPIRES
LAVERNE GRAVES
N� Notary Public, State of Texas
My Commission Expires
05.12-2005
rage e — Sf=L I Ivry II — n/ICtcinney uouner-caazette — t-riaay, uecemt)er 3 J, 2UU2
ClassifiedsCALj
Legal Notices Legal Notices Legal Notices Special Notices
To be published in the
McKinney Courier -Gazette o
Friday, December 13, an
Friday, December 20, 2002.
LEGAL, NOTICE
NOTICE TO CONTRACTOR
OF PROPOSED TEXAS
HIGHWAY IMPROVEMENT
CONTRACTS
'Sealed proposals for highway
improvement contracts will b
received by the Texas
Department of Transportation
(TxDOT) until the date(s)
shown below, and the
publicly read. District: DALLAS
Contract 0047-04-020 fo
FLASHING BEACON
REFURBISHMENT in COLLIN
County, etc will be opened o
January 08, 2003 at 1:00 p
at the State Office. Contract
0047-07-194 for PVMT MKG
in DALLAS County, etc will b
opened on January 08, 200
at 1:00 pm at the State Office.
Plans and specifications ar
available for inspection, along
with bidding proposals, an
applications for the TxDO
Prequalified Contractor's list
at the applicable State and/or
District Offices listed below.
Bidders must submit
prequalification information t
TxDOT at least 10 days prior
to the bid date to be eligible t
bid on a project.
Prequalification materials may
be requested from the State
Office listed below. Plans fo
the above contract(s) are
available from TxDOT's
website at www.dot.state.tx.us
and from reproduction
companies at the expense of
the contractor.
N PO: 8429
State Office
Construction Division
200 E. Riverside Dr.
Austin, Texas 78704
Phone:512-416-2540
District Office(s)
DALLAS DISTRICT
DISTRICT ENGINEER
4777 E. Hwy 80
Mesquite, Tx 75150-6643
Phone:214-320-6100
Minimum wage rates are set
out in bidding documents and
the rates will be part of the
contract. TXDOT ensures that
bidders will not be
discriminated against on the
grounds of race, color, sex, or
national origin.
BEING MORE
S
n
n
m
S
e
3
e
T
°
°
y
r
inspections is in the best
n PARTICULARLY DESCRIBED
interest of the City and that
d IN EXHIBIT "A" ATTACHED
Ordinance No. 01-17 of the
HERETO AND
City of Celina, should be
INCORPORATED HEREIN
amended as herein described
FROM ITS CURRENT
to provide for such fees.
ZONING OF "AG
NOW, THEREFORE, BE IT
AGRICULTURAL" TO "C-2
ORDAINED BY THE CITY
GENERAL COMMERCIAL"
COUNCIL OF THE CITY OF
PROVIDING FOR
CELINA, TEXAS, THAT:
e COMPLIANCE WITH CITY
SECTION 1
OF CELINA
INCORPORATION OF
COMPREHENSIVE ZONING
PREMISES
ORDINANCE NO. 97-10;
The above and foregoing
PROVIDING FOR A
premises are true and correct
PENALTY NOT TO EXCEED
and are incorporated herein
r TWO THOUSAND DOLLARS
and made a part hereof for all
($2,000.00) AND A
purposes.
SEPARATE OFFENSE
SECTION 2
SHALL BE DEEMED
FINDINGS
COMMITTED EACH DAY
After due deliberations the
DURING OR ON WHICH A
City Council has concluded
VIOLATION OCCURS OR
that the adoption of this
CONTINUED AND
Ordinance is in the best
INCLUDING PROVISIONS
interests of the City of Celina,
FOR THE AUTHORIZATION
Texas, and of the public'
TO SEEK INJUNCTIVE
health, safety and welfare.
RELIEF TO ENJOIN
VIOLATIONS WHICH
CONSTITUTE AN IMMI/'A
HAZARD OR DANGE
— — — s—
PUBLIC HEALTH
be published in the
SAFETY; PROVIDINGKinney
Courier -Gazette on
CUMULATIVE REPEday,
December 13, 2002
CLAUSE; PROVIDING FOR
SAVINGS; PROVIDING FOR
LEGAL NOTICE
SEVERABILITY; PROVIDING
FOR PUBLICATION;
TOWN OF
PROVIDING FOR
PROSPER,TEXA�
ENGROSSMENT AND
ORD.NO.- 0251
ENROLLMENT; AND
PROVIDING AN EFFECTIVE
An Ordinance providing for the
DATE.
voluntary annexation of a tract
of land situated in the William
Butler Survey, No. 112,
Prosper, Collin County, Texas.
To be published in the
Containing approximately
McKinney Courier -Gazette on
42,43 acres of land, more or
Friday, December 13, and
less in Collin County , Texas;
Sunday, December 15, 2002.
providing that the owners and
L GAL NOVICE
inhabitants of the above .
OR ANQE NO.63
described tract of land shall be
AN OR AN It THE
entitled to the rights and
CITY EL ERAS,
privileges of other citizens of
THE
Prosper and be bound by the
AN
A X 10 O CERTAIN
acts and ordinances now in
TER RY ONTIGUOUS
effect and hereinafter adopted;
TO AN AD INING THE
providing for a penalty for a
CITY OF CELINA, TEXAS, TO
violation of this ordinance and
WIT: A 5.34 ACRE TRACT OF
Prosper's zoning ordinance
LAND SITUATED IN THE
No. 84-16 and any
JONATHAN WESTOVER
amendments thereto;
SURVEY, ABSTRACT NO.
providing for repealing,
1030, COLLIN COUNTY,
savings and severability
TEXAS AND BEING PART OF
clauses; providing for an
A CALLED 40.306 ACRE
effective date of this
TRACT OF LAND ordinance; and providing for
Advertiser:
ase check your ad on
first day of its run.
you find an error,
ase, report it
mediately to the
at 972-542-2631. w
are responsible for th
first incorrect run only.
The McKinney Courier
Gazette does nc
for advertising beyond
the cost of the ad itself.
Claims for adjustment
must be made
immediately after ad is
published. We reserve
the right to edit or
reject any copy which
does not meet the
-eptance of the
McKinney
Courier -Gazette.
Advertising
Deadline
LINE AD: 10:00AM,
day before publication;
except Tuesday thru
Thursday. 10:00AM
on Friday for Sunday's
publication, 2:00pm
Friday for Monday's
publication.
DISPLAY, camera
Ready Reservations,
Artwork: 5:pm. 2 days
DESCRIBED IN THE DEED the publication of the caption
FROM 40.306 ACRE VENTURE TOP OSp JOINT hereof. ADVERTISING:
-- PRESTON JOINT VENTU He who has a thing
To be published in the RECORDED IN VOLUME Lost and Found
McKinney Courier -Gazette on 1887, PAGE 237, DEED to sell and goes and
Friday. December 13, and RECORDS, COLLIN g
c„p t i � a'ili rvio 414W. • groyvn female Lab ,..t r ,r rs rta, vloll
Specie
IF YOU AR
AND NEE
or know of
is facing
please call
Inn at 97.
more inform
IS DRUG
ABUSE A
For help v
abuse call
Avenues
Center -
orgai
NON-SN
in Alb
meets on V
7 p.m. at 21,
Dr. (Cross;
214-726-00,
Overeater.
First Chri;
McKinney c
Wednesda
972-5
PITY I,
Husband
about to lo:
need finan
bills. Hai
repossessi
house and c
statemeni
you'd I
"Pit
215 E.
Suite 10:
McKinne
PS - Knov
—_ —at31
Rape 0
of Collin Co
hour he
confidential
counseling,
programs i
referral, E
groups for
assault survi
incest survi%
information
Crisis Cent
886-7273.
4
texasclassifif
The Wr tes
A
[Exhibit 3-1]
ATTACHMENT 3
ANNEXATION PETITION
TO THE MAYOR AND GOVERNING BODY
OF THE CITY OFTEXAS:
The undersigned owner(s) of the hereinafter described tract of land, which is
vacant and without residents, or on which less than three (3) qualified voters
reside, hereby petition your honorable body to extend the present city limits so
as to include as a part of the City of Texas, the following
described territory, to wit:
(Describe the territory to be annexed by metes and bounds here.)
I e certify that the above described tract of land is contiguous to the City of
l Texas, is not more than one-half (1/2) mile in
width d that this petition is signed and duly acknowledged by each and every
pers or corporation having an inter
THE STATE OF TEXAS
COUNTY OF C o\ rN.
Before, me, the undersigned authority, on this day personally appeared
—_" t o y\--'y gv,cz r,, known to me to be the person whose
name is subscribed to the foregoing instrument and acknowledged to me that
he or she executed the same for purposes and consideration therein expressed.
Given under my hand and seal of office, this 1 I day of '_�vvt
A
(SEAL)
Texas
%yPYPU®�; Shirley Nixon
Notary hblic, State of Texas
My Comm. Expires 04/20/02
Notary Public in 4d for t e State of
My c6Vimission expi
Slg17�rU,P6 #2
Govemmental Service Agency, Inc. 3-1 O Anne)(ation Procedures Manual, 2nd Edition
[Exhibit 3-1, cont'
THE STATE OF TEXAS
COUNTY OF n
Before me, the undersigned authority, on this day personally appeared
�1J�1)-,1- .) known to me to be the person whose name is
subscribed to the foregoing Instrument and acknowledged to me that he or she
executed the same for purposes and consideration therein expressed.
Given under my hand and seal of office, this '\1 day of
� d0�
(SEAL) AA
Notary ublic in an for the State of
Texas
hhirley Mixon y commission expires:
WOtary t'ublic, State of Texas
;ey•.• �� kiv Comm. Expires 04/20/02
er ..........S
f OF !,..:.
Governmental Service Agency, Inc 3-11 Annexation Procedures Manual, 2nd Edition
AGENDA ITEM
AGENDA CAPTION:
CONSIDER SETTING THE DATE, TIME AND LOCATION FOR TWO PUBLIC HEARINGS AND
DIRECT CITY STAFF TO ESTABLISH A SERVICE PLAN FOR THE PROVISION OF PUBLIC
SERVICES FOR THE VOLUNTARY ANNEXATION OF APPROXIMATTLY 42.535 ACRES OF
LAND MORE OR LESS OUT OF THE WILLIAM BUTLER SURVEY, ABSTRACT NO. 112 AND
BEING MORE GENERALLY LOCATED ALONG THE NORTH SIDE OF COUNTY ROAD 78
AND BEING EAST OF A 50' T.P.&L CO. EASEMENT(VOL 492, PG. 85) IN COLLIN COUNTY
TEXAS.
ITEM SUMMARY/BACKGROUND:
Petitioner:
Wayne Yarborough
Reason for Request:
The petitioner wishes to develop a single family residential subdivision using City utilities.
Current Zoning:
N/A The site is located within the City's Extraterritorial Jurisdiction.
SPECIAL CONSIDERATION:
Creation of a Service Plan, the holding of two Public Hearings and adoption of the Annexation
Ordinance must be completed within a 90 day time period from the initiation of the annexation process
Failure to comply with this standard would require the process to begin again from the start.
FINANCIAL IMPACT/FUNDING SOURCE:
A Service Plan adopted as a part of an annexation is indicated as a contractual obligation for the
provision of services. Failure to provide appropriate services in accordance with the Service Plan may
be deemed a justification for de -annexation. The City will collect additional ad-valorum tax revenue as
a result of this annexation. Such revenues may however, be subject to refund should the property be de -
annexed in the future.
Staff Analysis
The petitioner has met the requirement for an informal discussion with the P&Z to consider the
ultimate development of this property. The developer of the property has changed since originally
presented before the Planning and Zoning Commission but the intent remains to develop single-family
homes. The applicant has reiterated his desire to proceed with annexation and he has been informed
that there may be some delays in the zoning of the property if significant changes are proposed from
what was previously discussed. City Staff and staff does not anticipate a difficulty in proceeding with
annexation at this time.
CADocuments and Settings\Owner\My Documents\Cases\Annexation\2002\XXXXXX- Shanahan tract - Richard Vlad\Yarborough tract - Memo to Set
Public Hearings and Draft Service Plan.doc
Staff Analysis (Cont.)
Annexation is described in Chapter 43 of the Texas Local Government Code. This is a voluntary
request. As illogical as it may seem the State Law on annexation requires the creation of a Service
Plan and the holding of at least two public hearings even for voluntary actions.
Public Hearings:
The public hearings are tentatively scheduled to be held in the Council Chambers of City Hall, 104
West Avenue E, Midlothian, Texas, at 7:00 p.m. on July 91h , 2002 and July 23rd , 2002.
Service Plan:
The Service Plan will be complete and available at the first public hearing. It will be appended to the
final annexation ordinance and will become effective with the ordinance.
Schedule:
The complete tentative schedule, as presented as Attachment 1, follows the Texas Local Government
Code requirements.
RECOMMENDATION/ALTERNATIVES:
Staff recommends approval of the petition to voluntarily annex 307.786 acres into city limits.
1. Approve both ordinances, which will set the public hearings and authorize preparation of the
Service Plan.
2. Opt to not proceed with the annexation process..
ATTACHMENTS:
1. Annexation Schedule
2. Property Map
3. Property Owner petition for Annexation.
4. Ordinance authorizing two public hearings.
5. Ordinance formally authorizing preparation of the Service Plan.
SUBMITTED BY:
Edward S. McRoy Planning Director,
June 112002 City Council Meeting
CADocuments and Settings\Owner\My Documents\Cases\Mnexation\2002U{xXXXX- Shanahan tract - Richard Vlad\Yarborough tract - Memo to Set
Public Hearings and Draft Service Plan.doc
ATTACHMENT 1
Pro osed Annexation Schedule - Yarborough Tract
Date
Action
June I Ph
Initiate Annexation -
Set Date for 2 Public Hearings and Call for Service Plan
June 28th
Newspaper Advertisement for Is' Public Hearin
July9`
Presentation of Service Plan and 1 st Public Hearin -
July 12t
Newspaper Advertisement for 2" Public Hearin
July 23rd
2" Public Hearin
August 13th
Adoption of Annexation Ordinance including Service
Plan — Annexation Complete
Potential Zoning Schedule
July 1
Newsa er Advertisement for Public Hearing at P&Z
July 16
Public Hearing at P&Z
July 29
Newspaper Advertisement for Public Hearing at CC
August 13
Public Hearing at CC and Adoption of Ordinance
All dates listed are tentative and may be subject to change. They have been provided as a
courtesy for those interested in this action. The timing for actions related to annexation is
proscribed by the Texas Local Government Code and all actions must be completed with
90 days from the initiation of the annexation process. Zoning is a discretionary
legislative function with no pre -established time limit for completion. Zoning actions
therefore may be extended due to requests by the applicant or due to actions of the P&Z
or City Council.
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ATTACHMENT 4
ORDINANCE NO.
AN ORDINANCE SETTING A DATE, TIME, AND PLACE FOR TWO PUBLIC
HEARINGS ON THE PROPOSED YARBOROUGH VOLUNTARY ANNEXATION OF
APPROXIMATTLY 42.535 ACRES OF LAND MORE OR LESS OUT OF THE
WILLIAM BUTLER SURVEY, ABSTRACT NO. 112 AND BEING MORE
GENERALLY LOCATED ALONG THE NORTH SIDE OF COUNTY ROAD 78 AND
BEING EAST OF A 50' T.P.&L CO. EASEMENT(VOL. 492, PG. 85) IN COLLIN
COUNTY TEXAS BY THE ATOWN OF PROSPER, TEXAS; AUTHORIZING AND
DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH HEARINGS, AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE TOWN OF PROSPER, TEXAS:
SECTION 1. On July 9, 2002 and on July 22, 2002, both at 7:00 o'clock p.m., in
theYouth Building of the First Baptist Church, 601 S. Church St., Prosper, TX , the Prosper City
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 42.535 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 City 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
Prosper, Texas
PASSED AND APPROVED THIS I Ith' DAY OF JUNE, 2002.
Mayor, Jim Dunmire
ATTEST:
City Secretary, Amber Phillips
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ATTACHMENT 5
ORDINANCE NO.
AN ORDINANCE OF THE TOWN OF PROSPER, DIRECTING ITS PLANNING
DEPARTMENT TO PREPARE A SERVICE PLAN FOR THE APPROXIMATE 42.535
ACRES OF LAND MORE OR LESS OUT OF THE WILLIAM BUTLER SURVEY,
ABSTRACT NO. 112 PROPOSED BY WAYNE YARBOROUGH TO BE
VOLUNTARILY ANNEXED; SERVICE PLAN TO BE IN ACCORDANCE WITH
SECTION 43.056, TEXAS LOCAL GOVERNMENT CODE, V.A.T.S.; SERVICE PLAN
TO BE AVAILABLE FOR PUBLIC HEARINGS; EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE TOWN OF PROSPER, TEXAS:
SECTION 1. The Planning Department of the Town of Prosper is hereby directed to
prepare a Service Plan for 42.535 acres proposed by Wayne Yarborough to be voluntarily
annexed which is described in Exhibit "A" which is attached hereto and made a part hereof for
all purposes.
SECTION 2. The Service Plan to be prepared shall be in full compliance with Section
43.056 of the Texas Local Government Code, V.A.T.S.
SECTION 3. This Service Plan shall be made available for all public hearings
concerning the proposed annexation.
SECTION 4. The importance of this ordinance creates an imperative public necessity
and the ordinance shall take effect and be in force from and after its adoption.
PASSED AND APPROVED THIS 1 ltht' DAY OF JUNE, 2002.
Mayor, Jim Dunmire
ATTEST:
City Secretary, Amber Phillips
�6�
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into as of this
day of September, 2001 (the "Execution Date"), by and between ATOMIC AUTO CRUSHERS
& PARTS, INC. (together, with its successors and assigns, "Yarbrough"), a Texas corporation, and
STERLING PROJECTS, INC. (together, with its successors and assigns, "Sterling"), a Texas
corporation.
WITNESSETH:
WHEREAS, Yarbrough is the owner of an approximately 42.435 acre tract of land located in
the City of Prosper, Texas, more particularly described on Exhibit "A" attached hereto and made a part
hereof for all purposes (the "Property");
WHEREAS, Sterling is the owner and developer of that certain tract of land known as the
Northridge Addition of the William Butler Survey Abstract No. 112 located in the City of Prosper, Texas
adjacent to the western boundary of the Property ("Sterling Tract");
WHEREAS, Sterling desires to use certain storm water detention facilities to be built by
Yarbrough on the Property (the "Facilities"), such Facilities being described in the Drainage Permit (as
defined herein) in order to satisfy the drainage requirements of the City of Prosper (the "City") for the
Sterling Tract and the Adjacent Tracts (as defined herein), such drainage requirements being set forth
in the Drainage Permit; and
WHEREAS, Sterling is willing to contribute the Escrow Funds and the Drainage Permit Fee
(each as defined herein) for the construction and use of the Facilities, as provided for herein; and
WHEREAS, in consideration of the delivery of the Escrow Funds and payment of the Drainage
Permit Fee from Sterling, Yarbrough is willing to (i) grant to Sterling certain drainage and detention
rights pursuant to a drainage permit, the form and substance of which is attached hereto as Exhibit "B"
(the "Drainage Permit") and (ii) construct the Facilities on the Property adequate to satisfy the drainage
requirements as set forth in the Drainage Permit for the Sterling Tract and for the adjacent land area
draining onto the Sterling Tract as depicted on Schedule 1 attached hereto (the "Adjacent Tracts").
NOW, THEREFORE, for the consideration and mutual covenants specified herein, the parties
agree to the following.
TERM. The term of this Agreement shall commence on the Execution Date and shall continue
until Substantial Completion (as defined herein) of the Facilities has occurred, unless earlier
terminated as provided herein or by mutual written agreement of the parties hereto.
II. OBLIGATIONS OF STERLING.
A. Payment of Construction Costs Sterling shall deliver $80,000.00 (the "Escrow Funds") to
-Republic Title of Texas, Inc. 2626 Howell Street, 101h Floor, Dallas, Texas 75204, Attn:
Paulette Hubbard (the "Escrow Agent") within seven (7) days of the Execution Date. The
Dallas f 526713 v 4, 40983.00001
Escrow Funds shall be held and disbursed by the Escrow Agent according to the terms of this
Agreement and the Escrow Agreement attached hereto as Exhibit "C." Any interest accruing
on the Escrow Funds shall be automatically added to the principal amount of and shall
constitute a part of the Escrow Funds.
B. Payment for Use of the Facilities. Within seven (7) days of the Executi XKate, Sterling shall
deliver to the Escrow Agent $80,000.00 in immediately available funds (the "Drainage Permit
Fee"). The Drainage Permit Fee shall be held and disbursed by the Escrow Agent pursuant
to the terms of this Agreement and the Escrow Agreement.
C. Restoration of Facilities. During the Development Phase (hereinafter defined) of the Sterling
Tract, Sterling agrees to use its best efforts to reasonably minimize the run-off of
construction products used by Sterling in the development of the Sterling Tract including,
but not limited to soil, paint, tar, sealants, trash and rubbish (collectively, the "Construction
Products") into the Facilities. Further, during the Development Phase of the Sterling Tract,
Sterling shall comply with all applicable laws, ordinances, codes and regulations of any
federal, state or local governmental authority regarding the disposal of the Construction
Products. The term "Development Phase" as used hereunder means the time period
beginning with the commencement of the development of the Sterling Tract and ending upon
substantial completion of the development of the Sterling Tract; such substantial completion
shall be deemed to have occurred upon satisfaction of all of the development requirements
of that certain Planned Development District - Development Standards dated August 28,
2001 (the "PD") imposed by the City on the Sterling Tract, such satisfaction to be evidenced
by approval and acceptance by the City of Prosper of the development of the Sterling Tract
as provided under the PD.
In the event the Facilities are materially damaged by the run-off of Construction Products in
violation of this Section II.C. during the Development Phase of the Sterling Tract, then
Sterling shall be responsible for the reasonable costs actually incurred by Yarbrough to repair
the damage to the Facilities to the extent caused by such run-off of Construction Products
in violation of this Section II.C. The foregoing shall not, however, include any damage (1)
caused by the negligence or willful misconduct of Yarbrough, the City or any other person
or entity other than Sterling, its successors and assigns, (ii) caused by or constituting a failure
of the Facilities to properly function as designed or engineered, or (iii) caused by Yarbrough's
activities on or use of the Property or the Facilities.
III. YARBROUGH'S OBLIGATIONS
A. Grant of Drainage Rights Within seven (7) days after the Execution Date, Yarbrough shall
(i) execute and cause the acknowledgment of the Drainage Permit and (ii) deliver the
original fully executed and acknowledged Drainage Permit to the Escrow Agent. The
original fully executed and acknowledged Drainage Permit shall be held by the Escrow Agent
pursuant to the terms of this Agreement and the Escrow Agreement. Upon delivery to the
Escrow Agent of both the Drainage Permit, Fee and the original fully executed and
acknowledged Drainage Permit, the Escrow Ngent shall immediately (1) pay to Yarbrough
the Drainage Permit Fee as consideration foKthe granting of the drainage rights pursuant to
Dellea4 526713 v 4, 40983.00001
the Drainage Permit and for the perpetual right to use the Facilities for the purpose of
drainage and detention of storm water flowing from the Sterling Tract onto the Property, and
(2) record the Drainage Permit in the Real Property Records of Collin County, Texas against
the Property.
B. Construction of Facilities
Yarbrough shall cause the Facilities to be designed and constructed (i) in a reasonably
good and workmanlike manner, (ii) in accordance with all applicable laws, (iii) in
such a manner as to adequately permit the drainage and detention of storm water
flowing from the Sterling Tract onto the Property in the capacities as set forth in the
Drainage Permit, and (iv) in accordance with all requirements of all deed restrictions,
restrictive covenants or property conditions affecting the Property. Except in the
event Sterling elects to complete the Facilities pursuant to Section III.B.2 below, the
configuration and dimensions of the Facilities, as well as the method of construction
and materials used, shall be determined according to Yarbrough's sole and absolute
discretion (but in any event in compliance with the prior sentence), so long as the
Facilities satisfy the Sterling Tract's requirements for off -site drainage of storm water
as set forth in the Drainage Permit taking into account Sterling's proposed
development of the Sterling Tract and the run-off drainage onto the Sterling Tract
(from the Adjacent Tracts.
2. Yarbrough shall undertake its best efforts to obtain all approvals, permits and licenses
necessary for the construction and maintenance of the Facilities (collectively, the
"Construction Approvals") within 60 days after recordation of the Drainage Permit.
Yarbrough shall commence construction of the Facilities within ten (10) days after
Yarbrough obtains the Construction Approvals and shall use commercially reasonable
efforts and diligence to achieve Substantial Completion (as defined herein) as soon
as is reasonably possible thereafter, but no later than 6 months from the date all
Construction Approvals have been obtained, subject to temporary delays due to
uncontrollable force majeure (the "Construction Deadline").
Upon the substantial completion of the Facilities by Yarbrough, as evidenced by a
certificate of completion issued by the City Engineer ("Substantial Completion"), the
Escrow Agent shall immediatelv deliver theF,scrow Funds to Yarbrough, at which
- a -Me the Escrow Funds and Drainage rermrt Fee shall become nonrefundable.
C. Maintenance of Facilities. Yarbrough shall be responsible for the maintenance and repair of
the Facilities and the costs of maintaining and repairing the Facilities, except for those costs
associated with the restoration of the Facilities pursuant to Section II.C.
IV. GENERAL COVENANTS
A. No Partnershi. Nothing in this Agreement shall be construed as creating a partnership
p
between Yarbrough and Sterling.
Dallns4 526713 v 4. 40983.00001 3
B. Mutual Indemnity. Sterling shall indemnify and hold Yarbrough harmless from and against
any and all claims, actions, damages, actual and reasonable expenses (including reasonable
attorneys' fees), losses or liabilities incurred by or asserted against Yarbrough as a result of
the bad faith, active negligence (i.e., not including a failure by Sterling to act) or willful
misconduct of Sterling, its partners, officers, directors, agents, or employees in connection
with Sterling's obligations under this Agreement, the Drainage Permit or the Escrow
Agreement, including, but not limited to all claims, actions, damages, expenses, losses or
liabilities in connection with the violation of any applicable local, state or federal laws or
regulations by Sterling, its partners, officers, directors, agents, and employees. Yarbrough
shall indemnify and hold Sterling harmless from and against any and all claims, actions,
damages, actual and reasonable expenses (including reasonable attorneys' fees), losses or
liabilities incurred by or asserted against Sterling as a result of the bad faith, active negligence
(i.e., not including a failure by Yarbrough to act) or willfull misconduct of Yarbrough its
partners, officers, directors, agents, or employees in connection with its obligations under
this Agreement, the Drainage Permit or the Escrow Agreement, including, but not limited
to all claims, actions, damages, expenses, losses or liabilities in connection with the violation
of any applicable local, state or federal laws or regulations by Yarbrough, its partners,
officers, directors, agents, and employees.
C. Access. Except as may be expressly provided in the Drainage Permit (or herein, after a failure
by Yarbrough to achieve Substantial Completion prior to the Construction Deadline or to
timely obtain the Construction Approvals, at no time shall Sterling or its representatives have
access to the Property without the express written consent of Yarbrough. At no time shall
Yarbrough or its representatives have access to the Sterling Tract without the express
written consent of Sterling.
D. Notices. Any notice, demand, request, consent, agreement or approval, which may or is
required to be given pursuant to this Agreement, shall be in writing and shall be, sufficiently
given or made if served personally upon the party for whom it is intended, telecopied to such
party or mailed to such party by registered or certified mail, return receipt requested, and in
the case of
1. Sterling:
8235 Douglas Avenue, LB 78
Dallas, Texas 75225
Attention: Stuart J. Jackson
Tel: (214) 691-4566
Fax: (214) 696-3470
2. Yarbrough:
8835 South Central Expressway
Dallas, Texas 75241
Attention: Wayne Yarbrough
Tel: (214) 372-5555
DAIWA 526713 v 4, 4M83.0(MI
/ / T
Fax: (214) 372-5540
or at such other address as a party from time to time shall advise the other party by 5 days
prior notice in writing. The date of receipt of any such notice, demand, request, consent,
agreement or approval, if served personally or transmitted by telecopier, shall be deemed to
be the date of delivery or transmission thereof with evidence of delivery, or if mailed as
aforesaid, 2 business days after deposited in the U.S. mail.
E. Waiver. The waiver of any breach of any term or condition hereof shall not be deemed a
waiver of any other or subsequent breach, whether of like or different nature.
F. Amendments. This Agreement may not be modified or amended except in writing signed
by both parties hereto.
G. Further Assurances. The parties hereto agree that they will, from times to time, at the
reasonable request of either of them, execute and deliver such assignments, instruments and
conveyances and take such further action as may be required to accomplish the purpose of
this Agreement.
H. Entire Agreement. This Agreement, the Drainage Permit (once executed) and the Escrow
Agreement constitutes the entire agreement between Sterling and Yarbrough pertaining to
the subject matter hereof and supersedes all prior and contemporaneous agreements,
understandings, negotiations and discussions, whether oral or written, of Sterling and
Yarbrough, and there are no warranties, representatives or other agreements between
Sterling and Yarbrough in connection with the subject matter hereof except as specifically
set forth herein.
I. Binding Effect. This Agreement shall be binding upon both parties, unless earlier terminated
in accordance with the terms hereof, and shall run with the Property and the Sterling Tract
and be binding on any transferee upon any transfer thereof.
J. Counterparts. This Agreement may be executed in two or more counterparts, each of which
shall be deemed an original, but all of which together shall constitute one and the same
instrument.
K. Headings. Title and heading of the sections and subsections of this Agreement are included
for convenience of reference only and do not form a part of this Agreement and shall not in
any way affect the interpretation hereof.
L. Severability. Any term or provision of this Agreement or the performance thereof shall to any
extent be invalid or unenforceable, such invalidity or unenforceability shall not effect or
render invalid or enforceable any other provision of this Agreement, and this Agreement shall
be valid and enforced to the fullest extent permitted by law.
M. Governing Law. THIS AGREEMENT SHALL BE GOVERNED BY AND
CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS.
DRII&O 526713 v 4, 4N83.0CMI 5
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and year
first set forth above.
Agreed to and accepted September , 2001, by
ATOMIC AUTO CRUSHING
AND PARTS, INC.
a Texas corporation
By:
Name: Wayne Yarbrough
Title: President
253:12698-116
DMW4 526713 v 4, 40983.00001 , 6
Agreed to and accepted September
2001, by
STERLING PROJECTS, INC.
A Texas corporation
By:
Name: Stuart J. Jackson
Title: Vice President
I
DRAINAGE PERMIT AND GRANT
OF DRAINAGE RIGHTS
STATE OF TEXAS §
COUNTY OF COLLIN §
ATOMIC AUTO CRUSHERS & PARTS, INC., a Texas corporation (hereinafter called
"Grantor"), for and in consideration of the sum of Ten and No/100 Dollars ($10.00) cash in hand paid
to Grantor by STERLING PROJECTS, INC., a Texas corporation (together with its successors
and assigns, including any successor home owners association, "Sterling"), and other good and
valuable consideration, the receipt of which is hereby acknowledged and confessed, has granted,
bargained, sold and conveyed and by these presents does grant, bargain, sell and convey unto
Sterling, the perpetual right and permission to discharge and drain storm water under, onto, across
and along that certain real property situated in Collin County, Texas, and described in Exhibit "A"
attached hereto and made a part hereof for all purposes (the "Receiving Property").
TO HAVE AND TO HOLD unto Sterling, its successors and assigns, the above described
right and permission perpetually. Grantor and Grantor's successors and assigns are and shall be
bound to warrant and forever defend the rights and permissions conveyed herein to Sterling and
Sterling's successors and assigns, against every person lawfully claiming or to claim all or any part
of the interest in the Receiving Property, by, through or under Grantor, but not otherwise. This
agreement and the terms and provisions hereof shall constitute a covenant running with the land and
shall be binding upon Grantor, Grantor's successors and assigns and all subsequent owners of any
portion of the Receiving Property for the benefit of Sterling, Sterling's successors and assigns and all
DRAINAGE PERMIT AND GRANT OF DRAINAGE RIGHTS - Page 1
D&IW4 523317 v Z 40983.00002
/ ,o
subsequent owners of any portion of the Receiving Property, including any successor home owners
association.
Sterling is the owner and developer of that certain tract of land known as the Northridge
Addition of the William Butler Survey Abstract No. 112 located in the City of Prosper, Texas
adjacent to the western boundary of the Receiving Property, and described in Exhibit "B" attached
hereto and made a part hereof for all purposes ("Sterling Tract"). Grantor shall cause certain storm
water detention facilities (the "Facilities") to be designed and constructed on the Receiving Property
in accordance with the terms and provisions of that certain Development Agreement dated as of the
date hereof entered into by and between Grantor and Sterling. Grantor shall maintain the Facilities
for its intended purpose in good condition and repair and, if required by law, in accordance with the
standards necessary to comply with all applicable laws, codes and ordinances, and shall pay, when
due, all costs and expenses of such maintenance and repair with respect to the Facilities.
It is mutually agreed that the following conditions shall apply in connection with the rights
and permissions granted hereunder:
1. At all times prior to the completion of the construction and installation of the
Facilities, the discharge point of the storm water from the Sterling Tract on to the
Receiving Property (the 'Discharge Point") shall be located at the point shown on the
final engineering plans for the Northridge Addition prepared by Pacheco Koch
Consulting Engineers, Inc. dated , 200_, and approved by Sterling; said
Discharge Point shall generally be located approximately 300 feet south of the
northeast corner of said Northridge Addition. At all times as of and after the"
completion of the construction and installation of the Facilities, the Discharge Point
shall be located at the point of the intake drain portion of the Facilities, subject to
subsequent relocation as expressly provided herein.
2. The design peak flow from the Sterling Tract on to the Receiving Property at the
Discharge Point, for the 100-year frequency design storm, shall not exceed 390 cubic
feet per second.
3. The Facilities to be constructed on the Receiving Property shall provide a minimum
of 69,600 cubic feet of operational storm water detention volume.
DRAINAGE PERMIT AND GRANT OF DRAINAGE RIGHTS - Page 2
Dellas4 523317 v 2, 40983.00002
This instrument shall not be considered as a deed to the Receiving Property or any part
thereof, and nothing contained herein shall be deemed to be a gift or dedication of any portion of the
Receiving Property, or portion thereof, to any governmental authority or the general public or for any
public use or purpose whatsoever. The right is hereby reserved to Grantor, its successors and
assigns, to (i) use the Receiving Property in such a manner as Grantor, in its sole discretion, may
elect, (ii) construct, maintain and operate any buildings, structures, fences, driveways and other
improvements over or across on the Receiving Property, (iii) landscape the Receiving Property, (iv)
grant such other easements, rights, benefits or privileges to such persons and for such purposes as
Grantor, in its sole discretion, may elect, and (v) construct, maintain and operate any public or private
utilities over, across and under the Receiving Property; provided however, that in no event shall any
use of the Receiving Property be made nor shall any structure or other improvement be installed,
constructed, maintained, operated or placed on the Receiving Property, that will materially interfere
with or prevent the use of the rights and permissions granted hereunder. The rights and permissions
granted to Sterling hereunder are limited to those expressly described herein.
In the event that Grantor defaults in its obligations hereunder, Sterling may give notice of
such default hereunder to Grantor, and Grantor shall thereupon have sixty (60) days to correct such
default by reasonable means and diligently and continuously pursue such correction until completion.
In the event correction of such default has not occured within such sixty (60) day period, Sterling,
after notifying Grantor in writing, shall have the right, but not the obligation, to enter upon or employ
others to enter upon the Receiving Property for the sole and limited purpose of correction of such
default, and Sterling shall be promptly reimbursed for all reasonable sums actually expended by or
on behalf of Sterling in connection therewith. Any such entry or corrective efforts by Sterling shall
DRAINAGE PERMIT AND GRANT OF DRAINAGE RIGHTS - Page 3
DaIWA 523317 v 2, 40983.00002
/ i
be undertaken through reasonable means and in accordance with all applicable laws.
If either (i) Grantor determines, in its reasonable discretion, that the Drainage Point and/or
the Facilities should be relocated to another point on the Receiving Property in connection with the
development or redevelopment of the Receiving Property, or (ii) the taking of all or part of the
Facilities by condemnation or other eminent domain proceedings requires a relocation of the Drainage
Point and/or the Facilities to permit the continuation of the rights and permissions granted hereunder,
and provided that (1) any such relocation shall not unreasonably interfere with or prevent the use of
the rights and permissions granted hereunder, (2) the holders of any liens on the Receiving Property
shall consent in writing to such relocation, and (3) the cost and expense of such relocation (including
reasonable attorney's fees) incurred by Grantor and Sterling shall be paid by Grantor, then Sterling
and Grantor shall, together with the holders of any liens on the Receiving Property, execute all
documents reasonably required to so relocate the Drainage Point and/or the Facilities, as the case may
be, within the Receiving Property, including specifically, but without limitation, an amendment to this
instrument reflecting such relocation.
[balance of this page left intentionally blank]
DRAINAGE PERMIT AND GRANT OF DRAINAGE RIGHTS - Page 4
D&IW4 523317 v 2, 40983.00002
/
IN WITNESS WHEREOF, GRANTOR has caused this Drainage Permit and Grant of
Drainage Rights to be signed this
STATE OF TEXAS §
COUNTY OF COLLIN §
day of September 2001.
GRANTOR:
ATOMIC AUTO CRUSHERS & PARTS, INC.
a Texas corporation
By:
Name:
Its:
BEFORE ME, the undersigned authority, personally appeared WAYNE YARBROUGH, on
behalf of Atomic Auto Crushers & Parts, Inc., who is personally known by me and in my presence
subscribed the foregoing Drainage Permit and Grant of Drainage Rights and, who after having been
sworn, deposed and said that he is the owner, or agent, of the property described herein and that the
above and foregoing statements of matters, facts, values and any exhibits attached hereto, are true
and correct.
Given under my hand and seal of office this the day of
2001.
Notary Public in and for the State of Texas
DRAINAGE PERMIT AND GRANT OF DRAINAGE RIGHTS - Page S
Dsllas4 523317 v 2. 40993.00002
EXHIBIT "A"
TO DRAINAGE PERMIT AND GRANT
OF DRAINAGE RIGHTS
[Legal description of the Receiving Property follows this cover page]
DRAINAGE PERMIT AND GRANT OF DRAINAGE RIGHTS - Page 6
D&11m4 523317 v 2, 40983.00002
SPECIAL MEETING OF THE
PLANNING AND ZONING COMMISSION
PROSPER FIRST BAPTIST CHURCH YOUTH BUILDING
601 SOUTH CHURCH STREET
MONDAY, APRIL 29, 2002, 7:OOP.M.
Agenda
1. Call to order.
2. Richard Vlad-Discussion and possible action on acceptance of
Planned Development Standards for Villas of Prosper.
3. Prosper Town Center — Workshop on a proposed Commercial/Retail
Development located at the northeast corner of SH289 and CR78.
4. Adjourn.
Annexation Petition
TO THE MAYOR AND GOVERNING BODY OF THE CITY OF PROSPER, TEXAS
AUG 0 7 2002
IBY:�W
The undersigned owner(s) of the hereinafter described tract of land, which is vacant and without residents, or on
which less than three (3) qualified voters reside, hereby petition your honorable body to extend the present city limits
so as to include as a part of the City of Prosper, Texas, the following described territory, to wit:
Description of the territory to be annexed by metes and bounds:
I (We) certify that the above described tract of land is contiguous to the City of Prosper, Texas, is not more than one-
half (1/2) mile in width and that this petition is signed,and duly acknowledge4 by each and every person or
corporation having an interest in said land.
/er' Signature #1
THE STATE OF TEXAS
COUNTY OF
Before me, the undersigned authority, on this day personally appeared G� 7`j known to me to be
the person whose name is subscribed to the foregoing instrument and acknowledged to me that he or she executed
the same for the purposes and consideration therein expressed.
Given under my hand and seal of office, this
(SEAL)
,,N1111,y,4
+.�,•,��o,.��= ROGER W. HARKINS
Notary Public, State of Texas
My Commission Expires
:.;. �.
�''�';Foi<<`.•`'' July 24, 2005
THE STATE OF TEXAS
COUNTY OF
day of 20 �a
Public in and for the State of Texas
commission expires: (, w
Owner's Signature #2 (if applicable)
Before me, the undersigned authority, on this day personally appeared known to me to be
the person whose name is subscribed to the foregoing instrument and acknowledged to me that he or she executed
the same for the purposes and consideration therein expressed.
Given under my hand and seal of office, this day of , 20
(SEAL)
Notary Public in and for the State of Texas
My commission expires:
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■X) HUNTER ASSOCIATES TEXAS, LTD.
■ ENGINEERS/PLANNERS/SURVEYORS
8140 WALNUT HILL LANE • ONE GLEN LAKES • SUITE 500 • DALLAS. TEXAS 75231-4350 • 214/369-9171 • FAX 214/696-3795
505 EAST HUNTLAND DRIVE • SUITE 250 • AUSTIN, TEXAS 78752 • 512/454-8716 • FAX 512/454-2433
6990 MAIN STREET • FRISCO. TEXAS 75034 • 972/712-6400 • FAX 972012-4880
February 5, 2002
Ms. Jennifer Finley, Manager
Town of Prosper
P.O. Box 307
Prosper, TX 75078-0307
RE: The Villas of Prosper
83 Lots, Vlad Custom Homes, Inc.
Prosper, Texas
Dear Ms. Finley:
As requested, we have reviewed the concrete site on the above referenced project. Our comments
are as follows:
INFORMATIONAL ITEMS
1. All fees should be paid per Town Policy and Ordinance including Impact Fees and Inspection
Fees.
2. Comments may be received from the Fire Department and Public Works Staff on various
elements of the Development.
3. The plat should be furnished to the Public Utility for review and planning purposes. Utility
easements are required on the final plat.
4. The proposed street names should be furnished for 911 and Fire Department.
5. We understand the lots as presented, do conform with the zoning for this property.
6. The plan should be reviewed by the School District.
ACTION ITEMS
1. The project is located on the north side of County Road 78 west of the Steeplechase
Development. Previous discussion reflect this property to have been the Yarbor Property.
C:\Letters\JTR\Prosper\VilbtProsper-2-02.wpd
February 5, 2002
Town of Prosper
The Villas of Prosper
Page Two
2. The concept plan is not drawn with details to conform with the preliminary plat requirements.
Details must include drainage concept, water and sewer utility line, R.O.W. and paving width,
R.O.W. dedication along the existing County Road 78, etc. all as outlined in the Town
Ordinance.
3. The project concept site plan is a long cul de sac development with a single access point. Will
the area be a private security development with limited public access point. Will the area be
a private security development with limited public access. If so, then the entrance gates must
conform with standards adopted by the Town.
With single access points, we believe, the street paving width must be of adequate width to
provide emergency access.
4. The Town may want to review the concept plan for style and layout. A more detailed plan
will be required as the project moves forward for formal review and consideration of
approval.
This concludes our review of the above referenced project. If there are any questions on this, please
let us know.
Very Truly Yours,
HUNTER ASSOCIATES TEXAS, LTD.
P I-
J. Travis Roberts, Jr., P.E., R.P.L.S.
President
JTR/le
cc: Ronnie Tucker, Fire Chief
Richard Vlad, Vlad Custom Homes, Inc.
C:\Letters\JTR\Prosper\ViHofProsper.2-02.wpd
Town of Prosper
Skip Klinefelter
Red Group Developers
1771 International Parkway
Richardson, TX 75081
October 16, 2002
Skip,
Attached is a copy of the Planned Development that was previously presented to the Planning
and Zoning Committee for the Town of Prosper.
Per our telephone conversation, we would like to have a Planned Development agreement or a
developer's agreement.
Once you have drafted the document, please send it to the city and we can discuss.
Thank you for your immediate attention regarding this matter.
Reg ds,
L TraCey�
Councilmember Place 1
972-347-9004
(40 1 oZc c�
PLANNED DEVELOPMENT STANDARDS
Planned Development — Single Family Residential
1.01 General Description:
The Planned Development tract is intended to accommodate single family
residential uses. The residential units will be comprised of Single Family lot unit
sizes and development regulations in accordance with Single Family ordinances.
1.02 Permitted Uses:
Land uses permitted within area are as follows:
a. Residential units as described herein.
b. Permitted uses referenced in the Prosper Zoning Ordinance as it currently
exists or may be amended.
C. Real estate office during the development and marketing of the Planned
Development
d. Accessory buildings and uses customarily incidental to the permitted uses.
e. Developer shall have the option to make the public streets gated.
f. Temporary buildings and uses incidental to construction work on the
premises, which shall be removed upon completion.
1.03 Density:
The overall allowed density for the Planned Development shall be a total of 81
units on a gross land area of approximately 42 acres.
�J
1.04 Building Materials:
A minimum of eighty-five (85) percent of the total exterior wall surfaces of all
main buildings shall have an exterior finish of glass, stone, stucco, tile, brick or
similar materials (as approved by the Town of Prosper) or any combination
thereof. The use of wood as a primary, exterior building material shall be limited
to a maximum of fifteen (15) percent of the total wall surfaces.
1.05 Single Family Detached Houses:
These residential areas will consist of single family, detached housing units with
the lots having front access and frontage on public or private residential streets.
Building and area requirements are as follows:
a. Minimum Dwelling Size: the minimum area of the main building shall be
two thousand, nine hundred (2,900) square feet, exclusive of garages,
breezeways, and porticos.
b. Lot Area: The minimum area of any lot shall be thirteen (13,000) thousand
feet with the exception of four (4) lots that will be between twelve thousand,
five hundred (12,500) feet and thirteen (13,000) thousand feet. These are lots
7/A, 8/A, 9/A, & 13/A.
c. Lot Coverage: In no case shall more than forty-five (45) percent of the total
lot area be covered by the combined area of the main buildings and accessory
buildings. Swimming pools, spas, decks, patios, driveways, walks, and other
paved areas shall not be included in determining maximum lot coverage.
d. Lot Width: The minimum width of any lot shall not be less than eighty (80)
feet at the front building line, except that lots at the terminus of a cul-de-sac or
along street elbows, eyebrows may have a minimum width of fifty (50) feet;
provided all other requirements of the section are filled. Fifteen (15) feet side
streets.
e. Lot Depth: The minimum depth of any lot shall be one hundred sixty (160)
feet, except that a lot at the terminus of a cul-de-sac or along street
elbows/eyebrows may have a minimum lot depth, measured at mid -point on
front and rear lot lines of one hundred forty (140) feet, provided all other
requirements of this section are fulfilled.
f. Front Yard: The minimum depth of the front yard shall be thirty-five (35)
feet.
g. Side Yard: Two side yards required, nine feet minimum with minimum
separation of eighteen (18) feet between each house.
h. Rear Yard: The minimum depth of the rear yard shall be twenty (20) feet.
i. Maximum Building Height: Buildings shall be a maximum of two and one-
half (2-1/2) stories in height.
1.06 General Requirements
a. Covered drives and Porte-cocheres: that are architecturally designed as an
integral element of the residential or garage structure of Single Family
detached structures shall be permitted to extend up to five feet (5') from the
established front building line into the front yard area; that area between the
street pavement and the front building line.
b. Streets: All streets shall be public and built in conformance with the Town of
Prosper, Texas construction standards. The entry to the subdivision will be
gated. If for some reason the Developer changes to a non -gated community,
the Developer will follow the Hike & Bike Trail guidelines as required by the
Town of Prosper.
c. Roof Materials: Wood roof materials are not allowed.
d. Sprinkler Fire Protection: Any structure constructed with a square footage
area over six thousand (6,000) square feet of air conditioned space shall have a
fire sprinkler system in accordance with UBC standards, or such standards
accepted by the Town of Prosper.
e. Sidewalks: There will be sidewalks as required by the Town of Prosper.
f. Screening Walls: The developer shall be permitted to erect screening walls
along the major thoroughfares and collector roads. Acceptable materials to
include masonry, iron fencing and/or landscape materials, provided plans are
submitted and approved by the Town of Prosper.
g. Fences: Privacy walls and fences shall be built along the property line, within
the front, rear or side yard space. There may exist special lot conditions where
the front building lines are off -set for adjacent lots whereby privacy walls may
be required within the front building line for privacy conditions. Fences and
walls shall be set back a minimum of ten feet (10') from the front elevation of
the home. Such walls will be constructed of materials consistent with the
exterior architectural elements of the home.
Any wooden privacy fence facing the street that the house is addressed on
must be board -on -board construction for that portion of the fence facing the
street. Furthermore, those corner lots backing to the main road (CR78) and
siding to any entry street will utilize board -on -board construction for that
section of the wooden privacy fence facing the entry street. The maximum
height of a privacy fence is eight feet (8').
f. Front Yard: The minimum depth of the front yard shall be thirty-five
(35) feet.
g. Side Yard: Two side yards required, nine feet minimum with
minimum separation of eighteen (18) feet between each house.
h. Rear Yard: The minimum depth of the rear yard shall be twenty (20)
feet.
i. Maximum Building Height: Buildings shall be a maximum of two
and one-half (2-1/2) stories in height.
1.06 General Requirements
a. Covered drives and porte-cocheres: that are architecturally designed
as an integral element of the residential or garage structure of Single
Family detached structures shall be permitted to extend up to five feet
(5') from the established front building line into the front yard area;
that area between the street pavement and the front building line.
b. Streets: All streets shall be public and built in conformance with the
Town of Prosper, Texas construction standards.
c. Roof Materials: Wood roof materials are not allowed.
d. Sprinkler Fire Protection: Any structure constructed with a square
footage area over six thousand (6,000) square feet of air conditioned
space shall have a fire sprinkler system in accordance with UBC
standards, or such standards accepted by the Town of Prosper.
e. Sidewalks: There will be sidewalks as required by the Town of
Prosper.
f. Screening Walls: The developer shall be permitted to erect screening
walls along the major thoroughfares and collector roads. Acceptable
materials to include masonry, iron fencing and/or landscape materials,
provided plans are submitted and approved by the Town of Prosper.
g. Fences: Privacy walls and fences shall be built along the property line,
within the front, rear or side yard space. There may exist special lot
conditions where the front building lines are off -set for adjacent lots
whereby privacy walls may be required within the front building line
for privacy conditions. Fences and walls shall be set back a minimum
of ten feet (10') from the front elevation of the home. Such walls will
be constructed of materials consistent with the exterior architectural
elements of the home.
h. Mailboxes: The developer will establish a common mailbox design for the
subdivision.
i. Front Yard Trees: Each house will have 2 — 4" caliper trees planted in the
front yard. The trees to be from the following list:
Live Oak
Cedar Elm
Red Oak
Texas Ash
Pistachio
Lace Bark Elm
j. Garage Orientation: No more than one third (1/3) of the homes will have
two or more car garages facing the street which the front elevation of the house
is oriented toward, unless said garage is at least forty feet (40') behind the
front building line.
k. Garage: There shall be a minimum of one (1) two -car garage per each single-
family dwelling. Garages, detached or attached, shall be constructed with the
same materials as the residence.
1. Street Signs: All street signs will contain the Town of Prosper logo.
1.07 Open Spaces
The planned Detention area will include a pedestrian trail with two (2) water
features & meditation area that will be landscaped with boulders. Developer will
save as many trees as possible. The Detention area will accommodate water
runoff of the adjacent property to the east and will facilitate the amount of water
as previously agreed upon by Sterling Properties, Wayne Yarborough and Town
of Prosper. This will be dedicated at final plat stage.
Site Screening and Landscape Design Guidelines
April 16, 2002
ROADWAY - CR78
1. CR78 shall have a minimum fifteen feet (15') setback from the R.O.W. for
screening setback.
2. CR78 shall have a masonry -screening wall, ornamental metal fence or living
screen. A combination of all three shall be as follows:
a. Masonry screening walls shall be as follows:
(1) Minimum six feet (6'), maximum eight feet (8') high. Thin wall
construction.
(2) Minor columns shall be maximum ten feet (10') o.c.
(3) Major columns shall be maximum sixty feet (60') o.c.
b. Ornamental metal fences shall be as follows:
(1) Seven feet (7').
(2) Major masonry columns shall be utilized to terminate ornamental
fences.
c. Landscape screening shall be as follows:
(1) Minimum fifteen feet (15') setback from the R.O.W.
(2) A continuous landscape screen. Shrubs to be five (5) gallon in size
and planted no greater than 30" on center. A shrub and berm
combination is allowed.
3. CR78 shall be landscaped as follows:
a. Masonry screening walls shall be landscaped as follows:
(1) One (1) three inch (3") caliper canopy tree per every 100 linear feet of
frontage. Threes may be grouped in clusters.
.J
(2) Minimum fifteen percent (15%) of wall length to be landscaped with
shrubs.
(3) All landscaping, including turf shall be watered by an underground
automatic irrigation system.
(4) Low berms, maximum three feet (3') high and 4:1 maximum slope,
are encouraged.
b. Ornamental metal fence shall be landscaped as follows:
(1) One (1) three (3") caliper canopy tree per every 100 linear feet of
frontage.
(2) One (1) six to nine feet (6'-9') high Ornamental tree per every 100
linear feet of frontage.
(3) Minimum 25% of fence length to be landscaped with shrubs.
(4) All landscaping, including turf shall be watered by an underground
automatic irrigation system.
(5) Low berms, maximum three feet (3') high and 4:1 maximum slope,
are encouraged.
c. Livinp, Screens shall be landscaped as follows:
(1) One (1) three inch (3") caliper canopy tree per every 100 linear feet of
frontage. Trees may be grouped in clusters.
(2) A continuous landscape screen utilizing a minimum five (5) gallon
plant material planted no more than 30" on center.
(3) All landscaping, including turf shall be watered by an underground
automatic irrigation system.
(4) Low berms, maximum three feet (3') high and 4:1 maximum slope,
are encouraged.
4. Landscape Trees List:
Live Oak
Texas Ash
Red Oak
Lace Bark Elm
Pistachio
Bald Cypress
Cedar Elm
Bradford Pear
Pine
Crepe Myrtle
Plus any other tree acceptable to the Town of Prosper.
MeATTACHMENT #1
Planning & Zoning Meetings Form
Date Submitted to Administrative Office: D Z--
Date of Meeting: 7 2-
Name: AA, Company: PU 6�►,t4
Address: / 7 71 Lx) e H•v.ti►�/Jni� �� City, State, Zip
1
Phone Number: !1 7 2. - 2.3S• ZgyO Fax Number: 272,-
E-mail Address:C
Name of Proposed Development (if applicable): �Al 41 —u ) 1"A41--
Location of Proposed Development (if applicable): ASI_ Z Ll�4�2
Names, and Phones Number of others attending meeting with
you: D
Additional
,r
Information• G�iv .
AGENDA ITEM 9 7
AGENDA CAPTION:
PRELIMINARY CONFERENCE FOR THE PROPOSED ANNEXATION, ZONING AND
DEVELOPMENT OF A POSSIBLE SINGLE-FAMILY SUBDIVISION CONTAINING
APPROXIMATELY 42 ACRES LOCATED OUT OF THE WILLIAM BUTLER SURVEY,
ABSTRACT NO. 112 AND BEING MORE GENERALLY LOCATED ALONG THE NORTH SIDE
OF COUNTY ROAD 78 EAST OF A T.P.&L CO. EASEMENT (VOL. 492, PG. 85) IN COLLIN
COUNTY TEXAS.
ITEM SUMMARY/BACKGROUND:
Petitioner:
Skip Klinefelter (Red Group Developer Services)
Reason for Request:
A preliminary conference (informal) regarding the possible development of 42 acres for a single-family
subdivision with a minimum lot size of 10,000 square feet.
Current Zoning:
N/A — The Property is located in the Town's ETJ
Comprehensive Plan:
The Land Use Assumption Map shows the Site to be intended as an Estate Single -Family Development
Area.
Site History:
This is the Yarborough tract that had previously been considered for development by Mr. Vlad. Mr.
Vlad has decided not to develop the property and a new development group is now seeking to develop
the property. The previous development plan showed minimum lot sizes of 14,000 square feet and it
had a detention area along the creek that passes through the northern portion of the property.
SPECIAL CONSIDERATION:
N/A
FINANCIAL IMPACT/FUNDING SOURCE:
N/A
STAFF ANALYSIS:
The SF-2 Zoning District appears to be the standard district that would match the applicants desires
the most closely. This district requires a minimum lot size of 10,000 square feet and a minimum width
of 65 feet. No other information has been provided by the applicant to staff.
CADocuments and Settings\Owner\My Documents\Cases\Workshop\2002\Yarborough Tract\Yarborough Tract - Memo # 1 for P&Z Meeting (07-16-
02).doc
am
OW
FLTERNATIVES: A workshop is an opportunity for the Commission to provide feedback to a
potential applicant on areas of concern related to the property or potential use of the site. A formal vote
is therefore not applicable. From the information provided by the petitioner the Commission members
individually may wish to:
1. Recommend the applicant proceed with a formal application
2. Request additional information, studies, data or planning details.
3. Recommend additional informal workshops
4. Recommend alternative uses or development plans.
5. Express concerns related to the site or the proposed use
RECOMMENDATION/ALTERNATIVES:
Recommendation:
Staff practice is to make no recommendation in favor or opposed to proposals presented during an
informal discussion.
ATTACHMENTS:
1. P&Z Meetings Form
2. Location Map
SUBMITTED BY:
Edward S. McRoy - Planning Director,
July 16, 2002 Planning and Zoning Commission
CADocuments and Settings\Owner\My Documents\Cases\Workshop\2002\Yarborough Tract\Yarborough Tract - Memo # 1 for P&Z Meeting (07-16-
02).doc
us
II
Town of Prosper
Rezoning Application
Date: 2 -//- oZ
Applicant: Owner (if different than Applicant):
ZI_t 4loll
Address: 883.E ern. -g5r-' Address:
757Z. y�/
Address of Subject Property: f/f�JL px 6_ez . IYI3S— 4c•ee-
Location (Nearest cross -streets): L�^_4D Go c,4-7-4-p1��Zo,Al217 _
_s?�2L IAIC�
P2 c�i2� �%✓.E'S'�' z� s-T.c��L�cL�4S��,�l� _ ��,� �.� � �r��
Present Zoning: 46,/Z/ az _7721# d 4
Present Use: UM OL) ae LvtOCD
Desired Zoning: R44tt i/ ��
Desired Use:
Please attach the following to this Application:
1) Legal description of the subject property. - '
2) Names and addresses of property owners within 200 feet of the boundaries of the
subject property.
3) Site plan showing the desired use.
Please submit to:
City Secretary's Office
P.O. Box 307
113 W. Broadway
Prosper, TX 75078
TOWN OF PROSPER ORDINANCE NO. 02-38
AN ORDINANCE SETTING A DATE, TIME, AND PLACE FOR TWO PUBLIC
HEARINGS ON THE PROPOSED YARBROUGH ANNEXATION OF
APPROXIMATELY 42.43 ACRES OF LAND MORE OR LESS OUT OF THE
WILLIAM BUTLER SURVEY, ABSTRACT NO. 112 AND BEING MORE
GENERALLY LOCATED ALONG THE NORTH SIDE OF COUNTY ROAD 78 EAST
OF A TP&L CO. EASEMENT, COLLIN COUNTY, TEXAS.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS:
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 42.43 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
Prosper, Texas
PASSED AND APPROVED THIS 8th DAY OF OCTOBER, 2002.
Mayor Jim Dunmire
ATTEST:
Town Secretary Amber Phillips
Date of Publication: October 14, 2002, McKinney Courier Gazette
4'OE Co�
w COMP-i-ROLLER OF PUBLIC; ACCOUNTS
U
o P.O. BOX 13528
AUSTIN, TX 78711-3528
�'EXAS
January 3, 2003
Ms. Amber Phillips
City Secretary
City of Prosper
Post Office Box 307
Prosper, Texas 75078
Dear Ms. Phillips:
We have received annexation ordinance
into the City of Prosper.
the map indicating the area to be annexed
Our office needs additional time to implement the local sales and use tax in the annexed area.
Therefore, the effective date to begin collection of this tax will be April 1, 2003.
You stated in our phone conversation today there are no businesses currently located in the
annexed area. You also confirmed that the following utilities service the annexed area:
TXU Energy Retail Company
Denton County Electric Cooperative (CoServ)
TXU Gas Company
Friendship Cable of Texas (Classic Cable)
If you have any questions or need more information, please call me toll free at 1-800-531-5441,
extension 34443. My regular number is 512/463-4443.
Sincerel ,
r
Karen J. Fowler
Revenue Accounting Division
Tax Allocation Section
JDR:GS:ALF:par
DJ 166-012-3
2002-5810
2002-5835
2003-0004
Julie Y. Fort, Esq.
Abernathy Roeder Boyd & Joplin
P.O. Box 1210
McKinney, Texas 75070-1210
Ms. Amber Phillips
Town Clerk
P.O. Box 307
Prosper, Texas 75078
Dear Ms. Fort and Ms. Phillips:
U.S. Depar`- ut of Justice
Civil Rights Division
Voting Section - NWB.
950 Pennsylvania Avenue, N. W.
Washington, DC 20530
January 21, 2003
This refers to the procedures for conducting the February 1,
2003, special tax election, and the two annexations (Ordinance
Nos. 98--23 and 02-51) to the Town of Prosper in Collin County,
Texas, submitted to the Attorney General pursuant to Section 5 of
the Voting Rights Act, 42 U.S.C. 1973c. We received your
submissions on December 23 and 26, 2002, and January 6, 2003.
The Attorney General does not interpose any objection to the
specified changes. However, we note that Section 5 expressly
provides that the failure of the Attorney General to object does
not bar subsequent litigation to enjoin the enforcement of the
changes. In addition, as authorized by Section 5, we reserve the
right to reexamine this submission if additional information that
would otherwise require an objection comes to our attention
during the remainder of the sixty-day review period. See the
Procedures for the Administration of Section 5 (28 C.F.R. 51.41
and 51.43).
Sincerely,
Joseph D. Rich
Chief, Voting Section
(972) 347-2304
Town of Prosper /
P.O. Box 307
Prosper, Texas 75078
Metro (972) 346-2640
Date: December 11, 2002
To: McKinney Courier Gazette
Fax: (972)529-1684
From: Amber Phillips
City Secretary
Town of Prosper
Fax (972) 347-2111
Please publish the following caption one (1) time in your Fr y; 0ecer
2002, edition of the McKinney Courier Gazette. fisher's Affidavit is
reauested.
Thank You,
Amber Phillips
q*j
If you do not receive all of these pages, please advise
Page 1 of 2
ber 13,
To be published in the
McKinney Courier -Gazette on
Friday, Decertber 13, 2002
LEGAL NOTICE
TOWN OF
PROSPER,TEXAS
ORD. NO. - 0251
An Ordinance providing for the
voluntary annexation of a tract
of land situated in the William
Butler Survey, No. 112,
Prosper, Collin County, Texas.
Containing approximately
42.43 acres of land, 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 hereinafter adopted;
providing for a penalty for a
violation of this ordinance and
Prosper's zoning ordinance
No. 84-16 and any
amendments thereto;
providing for repealing,
savings and severability
clauses; providinq for an
effective date, of this
ordinance; and providing for
the publication of the caption
hereof.
TOWN OF PROSPE' '"ERAS OF -NANCE NO. 02-51
AN ORDINANCE PROVIDING FOR THE VOLUNTARY ANNEXATION OF A TRACT OF
LAND SITUATED IN THE WILLIAM BUTLER SURVEY, No. 112, PROSPER, COLLIN
COUNTY, TEXAS, CONTAINING APPROXIMATELY 42.43 ACRES OF LAND, 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 HEREINAFTER ADOPTED;
PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND
PROSPER'S ZONING ORDINANCE NO. 84-16 AND ANY AMENDMENTS THERETO;
PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING
FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF.
PUBLISHER • S AF F = DAV = T
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
1.006 of the Texas Government Code, to wit:
Printer's Fee $ 15 O
• No. Description: —
1. It devotes not less than twenty-five percent (25t) of its total column lineage to general interest
items;
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;
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 on the following date(s)
to wit;
D
SUBSCRIBED AND SWORN BEFORE ME by Jim Moser who
A/a) is personally known to me, or
b) provided the following evidence to establish his/her identity,
on this the day of A.D. 2002 to certify which witness my hand and seal of
office.
Notary P lic, State of Texas
(SEAL)
COMMISSION EXPIRES
LAVERNE GRAVES
.� Notary Public, State of Texas
My Commission Expires
05-12.2005
�L2 ,1, 11bft
Courier�G�azette -972-542-2631i w
x..�n ,sw, rani
Classifieds
Legal
To be published in the
McKinney Courier -Gazette on
Monday. October 14, 2002.
LEGAL NOTICE
TOWN OF PROSPER
ORDINANCE NO. 02-39
AN ORDINANCE OF THE
TOWN OF PROSPER,
DIRECTING ITS TOWN
ENGINEER TO PREPARE A
SERVICE PLAN FOR THE
APPROXIMATE 42.43 ACRES
OF LAND MORE OR LESS
OUT OF THE WILLIAM
BUTLER SURVEY.
ABSTRACT NO. 112 AND
BEING MORE GENERALLY
LOCATED ALONG THE
NORTH SIDE OF COUNTY
ROAD 78 EAST OF A TP&L
CO. EASEMENT. COLLIN
COUNTY, TEXAS,
PROPOSED BY WAYNE
YARBROUGH TO BE
VOLUNTARILY ANNEXED:
SERVICE PLAN TO BE IN
ACCORDANCE WITH
SECTION 43.056 TEXAS
LOCAL GOVERNMENT
CODE, VA.T.S.: SERVICE
PLAN TO BE AVAILABLE FOR
PUBLIC HEARINGS.
EFFECTIVE DATE
To be published in the
McKinney Courier -Gazette on
Monday. October 14. 2002
LEGAL NOTICE
TOWN OF PROSPER
ORDINANCE NO. 02-41
AN ORDINANCE SETTING A
DATE TIME.. AND PLACE
FOR A PUBLIC HEARING ON
THE PROPOSED IMPACT
FEES AND CAPITAL
IMPROVEMENTS
PROGRAM.
THIS SPACE AVAILABLE
CALL 542-2831
CALL
Monday -
Legal Notices Legal Notices Legal N
To be published in the
To be published n the
To be published in the
McKinney Courier -Gazette on
McKinney Courier -Gazette on
McKinney Courier -Gazette
Monday. October 14, 2002,
Monday, October 14. 2002.
on Monday, October 14,
LEGAL NOTICE
LEGAL NOTICE
2002.
PUBLIC HEARING NOTICE
TOWN OF PROSPER
NOTICE IS HEREBY GIVEN
ORDINANCE NO. 02-33
THAT A PUBLIC HEARING
AN ORDINANCE OF THE
_ LEGAL NOTICE
WILL BE HELD BY THE
TOWN OF PROSPER, TEXAS
MCKINNEY HOUSING
REPEALING ORDINANCE
THE STATE OF TEXAS
FINANCE CORPORATION OF
NOS 86-25 AND 98-02.
THE CITY OF MCKINNEY.
ESTABLISHING A
TO: KERRY DANIEL
TEXAS AT 7:30 AM ON
COMPREHENSIVE FEE
MARSHALL,
MONDAY, OCTOBER 21.
SCHEDULE, PROVIDING
2002 IN THE 2ND FLOOR
FOR WATER AND SEWER
WHEREABOUTS
CONFERENCE ROOM OF
RATES, PROVIDING FOR A
UNKNOWN, Respondent:
THE MUNICIPAL BUILDING
PENALTY FOR THE
'You have been sued.You
LOCATED AT 222 N
VIOLATION OF THIS
may employ an attorney.
TENNESSEE STREET
ORDINANCE; PROVIDING
If you Or your attorney
REGARDING: Request made
FOR SAVINGS. REPEALING
do not file a written
to the McKinney Housing
AND SEVERABILITY
Finance Corporation Board to
CLAUSES: PROVIDING FOR
answer with the Clerk
consider/discuss/act on the
AN EFFECTIVE DATE AND
who issued this Citation
application for multi -family
PROVIDING FOR THE
by 10:00 a.m. on the
housing revenue bonds to be
PUBLICATION OF THE
Monday next following
issued through the state on
behalf of Southwest Housing
CJPTION HEREOF `+� the expiration of twenty
days after you were
Development for the
development of Primrose Villas
—
To be published in the
rved this citation and
Apartments to be located at
McKinney Courier -Gazette on
petition, a default
the southeast corner of US
Monday. October 14, 2002
judgment may be taken
Highway 75 and Spur 399 in
LEGAL NOTICE
against you.'
the City of McKinney, Collin
TOWN OF PROSPER
GREETINGS:
County. Texas
WITNESS MY HAND AND
ORDINANCE N0.02-38
YOU ARE HEREBY
SEAL THIS THE 10TH DAY
AN ORDINANCE SETTING A
COMMANDED to appear
OF OCTOBER. 2002.
DATE, TIME, AND PLACE
by filing a written answer in
Jennifer Sproull,
FOR TWO PUBLIC
the 296th District Court,
City Secretary
HEARINGS ON THE
Collin County. Texas. at the
PROPOSED YARBROUGH
courthouse of said county
ANNEXATION OF
in McKinney Texas at or
APPROXIMATELY 4243
before 10:00 o'clock a.m.
ACRES OF LAND MORE OR
of the Monday next after
LESS OUT OF THE WILLIAM
the expiration of 20 days
BUTLER SURVEY,
from the date of service of
ABSTRACT NO 112 AND
this citation then and there
BEING MORE GENERALLY
to answer the petition of
LOCATED ALONG T
CC UNIT TX DEPT
NORTH SIDE OF CO Y
PROTECTIVE SERVICES.
ROAD ?8 EAST OF
Petitioner, filed in said
IN
T OLLtN
C T . TEXAS
Court on the 4th day of
OCTOBER, 2002. against
KERRY
MARSHALL.
and suit bein
296-53627-02
docket of sai<
entitled 'In Thr
AUTUMN CUi
a Child,
CUNNINGHAf
the nature of
a request to
FOR TERMI
TEMPORARY
CONSERVATC
Said Child
CUNNINGHAA
day of OCTOE
UNKNOWN.
Said Child
CUNNINGHAK
day of MAY
UNKNOWN.
The Court has
this suit to
judgment or d,
childrens intE
will be bindinc
including the tE
the
relationship
appointment
conservator wi
to consent to tl
adoption.
Issued and giv(
hand and se
Court at McKir
this the 9tt
OCTOBER, 201
HANNAH KUN
District Courts
Collin County,1
By: Lorrie Robe
Deputy
MC IALiI'AVVI-rNIV, �1i11 r Vr '
MCKINNEY, COLLIN
COUNTY, TEXAS AS
RECORDED IN VOL. 1036,
PAGE 273, OF THE COLLIN
COUNTY DEED RECORDS.
YOU HAVE BEEN SUED. You
may employ an attorney. If you
or your attorney do not file a
written answer with the clerk
who issued this citation by
10:00 A.M. on the Monday
following the expiration of
forty-two (42) days after the
issuance of this citation, a
default judgment may be taken
against you.
Said property is delinquent to
Plaintiff(s) for taxes in the
following amount: MCKINNEY
INDEPENDENT SCHOOL
DISTRICT $13,966.64, and
CITY OF MCKINNEY/COLLIN
COUNTY/COLLIN COUNTY
CCD $8,159.04 exclusive of
interest, penalties, and costs
and there is included in this
suit, in addition to the taxes, all
said interest, penalties, and
costs thereon, allowed by law
up to and including the day of
judgment herein.
You are hereby notified that
Suit h b 1,
CrrATION BY PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
In the name and by the
authority 01 the State of Texas,
Notice is hereby given as
follows:
To: ANNA RAZIS, et al and
any and all other persons,
including adverse claimants,
owning or having or claiming
any legal or equitable interest
in or lien upon the following
described property:
TRACT I: 2405 ROUNDROCK
TRAIL, BEING LOT 7, BLOCK
S OF PARK BLVD, ESTATES
WEST, AN ADDITION TO THE
CITY OF PLANO, COLLIN
COUNTY, TEXAS, AS
RECORDED IN VOL. 1030,
PAGE 603 OF THE COLLIN
COUNTY DEED RECORDS.
YOU HAVE BEEN SUED. You
may employ an attorney. If you
or your attorney do not file a
written answer with the clerk
who issued this citation by
10:00 A.M. on the Monday
following the expiration of
forty-two (42) days after the
issuance of this citation, a
default judgment may be taken
against you.
as een rought by
McKinney Independent School
Said property is delinquent to
District/City of McKinney/Collin
Plaintiff for taxes in the
County/Collin County CCD as
following amount: $5,065.69
Plaintiffs, against ALDINGER
exclusive of interest, penalties,
COMPANY (IN REM ONLY) ,
and costs and there is
as Defendants, by petition filed
included in this suit, in addition
on the 9TH day of
SEPTEMBER, 2001, in a
to the taxes, all said interest,
certain suit styled MCKINNEY
penalties, and costs thereon,
allowed by law up to and
INDEPENDENT SCI including the.da of r4ler)
d9c 9 K 9
DISTRICT/CITY qM'p'
herein.
MCKINNEY/ COLLIN
COUNTY/COLLIN CO
UNTY
CCD vs. MCKINNEY
SMELTING, INC, ET AL. for
collection of the taxes on said
property and that said suit is
now pending in the District
Court of Collin County, Texas
366th Judicial District and the
file number of said suit is 366-
1905-01.
Plaintiff and all other taxing
units who may set up their tax
claims herein seek recovery of
delinquent ad valorem taxes
on the property described
above and in addition to the
taxes, all Interest, penalties,
and costs allowed by law
thereon up to and including
the day of judgment herein,
and the '2stab4ishment and
foreclosure of liens, if any,
securing payment of same, as
provided by law.
All rt' t th'
Answer the Petition of PLANO
INDEPENDENT SCHOOL
DISTRICT/CITY OF
PLANO/COLLIN
COUNTY/COLLIN COUNTY
CCD, Plaintiff's, against ANNA
RAZIS, et al, Defendants, b
petition filed on the 1st day o
July, 2002, in a certain sui
styled PLAN
INDEPENDENT SCHOOL
DISTRICT/CITY OF
PLANO/COLLIN
COUNTY/COLLIN COUNTY
CCD vs. ANNA RAZIS, et al,
for collection of the taxes on
said property and that said suit
is now pending in the 219th
Judicial District Court of Collin
County, Texas and the file
number of said suit is 219-
1344-02, that the names of all
taxing units which assess and
collect taxes on the property
described above, not made
pa ies o is suit, including parties to this suit are NONE.
Plaintiff and Defendant(s) shall Plaintiff and all other taxing
take notice that claims not only units who may set up their tax
for any taxes which were claims herein seek recovery of
delinquent on said property at delinquent ad valorem taxes]
the time this suit was filed but on the property desc'ibe�dj
all taxes becoming delinquent nri in, nririireon to th
xe) 10 '6909L Xl 'M91 L'� a
nanu nnu som o1 is— wun in
the City of McKinney, Collin
County, Texas, this 28 day of
October, 2002.
Hannah Kunkle, District Clerk
By: Mindi Johns, Deputy
To be published Ju. the
McKinney Courier -Gazette �n
Friday, November 1, 2002.
LEGAL NOTICE
TOWN OF
PROSPER,TEXAS
NOTICE OF PUBLIC
HEARINGS
Notice is hereby giveA that two
(2) public hearings will be held
by the Town Council of the
Town of Prosper, Texas both a
7:00pm, on ' Tuesday
November 12, 2002, and o
Tuesday, November 19, 200
at 601 S. Church Street i
Prosper, Texas for the purpos
of considering A nex f
the following property: Colli
County School Land Surve
Abstract No. 147 containin
approximately 187.03 acres
land, located in Collin Coun
Texas.
All interested citizens a
property owners are here
notified of their right to a
and be heard on the matter..
Jennifer Finley,
Vowh Administrator
oyfn of Prosper
I To . be published in the
McKinney Courier -Gazette or)
Friday, November 1, 2002.
LEGAL NOTICE
TOWN OF
PW9PER,-1rEXAS
NOTICE OF PUBLIC
HEARINGS
Notice is hereby given that two
(2) public hearings will be held
by the Town Council of the
Town of Prosper, Texas both at
7:00pm, on Tuesday,
November 12, 2002, and on
Tuesday, November 19, 2002
at 601 S. Church Street in
Prosper, Texas for the purpose
of considering Annex tion for
the following property: William
Butler Survey, Abstract No.
112, containing approximately
42.43 acres of land, being
more generally located along
the North side of County Road
78 East of a TPBL Co.
Easement, located in Collin
County, Texas.
All interested citizens and
property owners are hereby
notified of their right to appear
and be heard on the matter.
Jennifer Finley,
Town Administrator
Town of Prosper VAY-h-A,114
i to be published in the
McKinney Courier -Gazette on
Friday, November 1, 2002.
LEGAL NOTICE J
TOWN OF
2002, at 6:30 p.m., at the
Celina City Hall, 302 W.
Walnut, Celina, Texas, to
consider the following
application of Danny Cox
D.V.M.- Application requesting
a variance(s) from the
following Celina regulations:
A variance from Section 23.
F.4.c Minimum Building
Setbacks Supplementary
District Regulations of the
Celina Zoning Ordinance
along County Road 93
reducinG the required setback
from 75 to 25'.
A variance from Section 23.
F4.c Minimum Building
Setbacks Supplementary
District Regulations of the
Celina Zoning Ordinance
along State Highway 289
reducing the required setback
from 75 to 39' (for canopy).
- A variance from Section 23.
F4.c Minimum Building
Setbacks Supplementary
District Regulations of the
Celina 'Zoning Ordinance
along State Highway 289
reducing the required setback
from 75' to 64' (for northeast
corner of the building only).
- A variance from Section 23,
F2.a Minimum Landscaping
Requirements Supplementary
District Regulations of the
Celina Zoning Ordinance
providing for a variance along
State Highway 289 reducing
the required setback from 75'
to 39' (for canopy).
- A variance from Section 25
Parking Space Requirements
providing for a variance from
the required 43 parking
spaces to 35.
Said property being on State
Highway 289 also known as
650 North Preston Road in
the City of Celina, Texas,
Coffin County and described
asi011otk: P. OV
65ii'Nor1h Preston Road -�
Celina Pet Care Center
All interested citizens and
property owners of the City,
as well as other persons of
interest, are invited to attend
the public hearing and I
participate in the same. Also,
any such interested person
may express his or her
opinion concerning the
proposed variance(s) by letter
addressed to The Celina
Board of Adjustments, 302 W.
Walnut, Celina, Texas 75009.
Scott Albert
City Administrator
Lost and Found
REWARD for the return
of mother's diamond
wedding band,
No questions asked,
Wendy 972-542-6032
Advertiser:
Please check your ad on
I
first day of its run.
If you find an error,
please, report it
immediately to the
to sell and
whispers
is not So l
the dollars'
climbs a
AI -A
You can see
Is affectini
else. Can yo
Is doing to I
help for the
Meetings A
Thurs. 8pm;
E University
380) at i
McKinney. 97;
Meets every
p.m.; Weekd
Friday 1 C
Saturday
Sunday 1
Spanish meet
Tuesday.802
(US 380 at Tt
1/4 mile Ea;
HIV Scl
May be done
or anonymOt
information
IF
AND NEED]
or know of se,
s facing ho,
please call Th
nn at 972-1
more informatk
IS DRUG/Af
ABUSE A P1
For help with.
abuse call 97f
Avenues Cc
Center - a r
organize
NON-SMOI
In Mcia
neets on We(
p.m. at 2101
)r. (Crosspor
.14-726-00321
Rape Crh
If Collin Couri
our hotfir
onfidential
ounseiing,
rograms infc
�ferral, anc
rnunc for ar
P.O. Box 307
Prosper, TX 75078
(972) 346-2640 METRO
(972) 347-2111 FAX
e-mail: jennifer_rinley@prospertx.org
Fox
To: McKinney Courier Gazette From: Jennifer Finley, City Administrator
Fax: 972/ 529-1684 Pages: 4
Phone: Date: 10/29/2002
Re: Notice of Public Hearing CC:
0 Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle
• Comments:
Please publish the following 3 notices for Public Hearings one (1) time in your Friday, November 1,
2002 edition of the McKinney Courier Gazette. Publisher's affidavit requested.
Thanks,
Jennifer
TOWN OF PROSPER, TEXAS
NOTICE OF PUBLIC HEARINGS
Notice is hereby given that two (2) public hearings will be held by the Town
Council of the Town of Prosper, Texas, both at 7:00pm, on Tuesday, November
12, 2002, and on Tuesday, November 19, 2002 at 601 S. Church Street, for the
purpose of considering Annexation for the following property: William Butler
Survey, Abstract No. 112, containing approximately 42.43 acres of land, being
more generally located along the North side of County Road 78 East of a TP&L
Co. Easement, located in Collin County, Texas.
All interested citizens and property owners are hereby notified of their right to
appear and be heard on the matter.
Jennifer Finley, Town Administrator
Town of Prosper
(972)347-2304
Date: October 29, 2002
Town of Prosper
P.O. Box 307
Prosper, Texas 75078
Metro (972) 346-2640
To: McKinney Courier Gazette
Fax: (972) 529-1684
From: Amber Phillips
City Secretary
Town of Prosper
Fax (972) 347-2111
Please publish the following Notice of Public Hearings one (1) time in your
Friday, November 1, 2002, edition of the McKinney Courier Gazette. Publisher's
Affidavit is requested.
Thank You,
Amber Phillips
If you do not receive all of these pages, please advise.
Page 1 of 2
CITY OF PROSPER, TEXAS
NOTICE OF PUBLIC HEARINGS
ON ANNEXATION
Notice is hereby given that public hearings will be held by the Governing Body of
the Town of Prosper, Texas, in the First Baptist Church Youth Building, 601 S.
Church Street, at 7:OOpm, on November 12, 2002, and November 19, 2002, for
the purpose of considering the annexation of the following described property:
WILLIAM BUTLER SURVEY, ABSTRACT NO. 112, PROSPER, COLLIN
COUNTY, TEXAS, CONTAINING 42.43 ACRES OF LAND, MORE OR LESS,
AND BEING MORE GENERALLY LOCATED ALONG THE NORTH SIDE OF
CR78 EAST OF A TP&L CO. EASEMENT.
All interested citizens and property owners are hereby notified of their right to
appear and be heard on the matter.
Amber Phillips, Town Secretary
Town of Prosper
P.O. Box 307
Prosper, TX 75078
(972) 346-2640 METRO
(972) 347-2111 FAX
e-mail: jennifer_finley@prospertx.org
=40
To: McKinney Courier Gazette From Jennifer Finley, City Administrator
Fa)c 972/ 529-1684 Pages: 4
PhorEn Date: 10/29/2002
Re: Notice of Public Hearing CC:
a Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle
• Comments:
Please publish the following 3 notices for Public Hearings one (1) time in your Friday, November 1,
2002 edition of the McKinney Courier Gazette. Publisher's affidavit requested.
Thanks,
Jennifer
TOWN OF PROSPER, TEXAS
NOTICE OF PUBLIC HEARINGS
Notice is hereby given that two (2) public hearings will be held by the Town
Council of the Town of Prosper, Texas, both at 7:OOpm, on Tuesday, November
12, 2002, and on Tuesday, November 19, 2002 at 601 S. Church Street, for the
purpose of considering Annexation for the following property: William Butler
Survey, Abstract No. 112, containing approximately 42.43 acres of land, being
more generally located along the North side of County Road 78 East of a TP&L
Co. Easement, located in Collin County, Texas.
All interested citizens and property owners are hereby notified of their right to
appear and be heard on the matter.
Jennifer Finley, Town Administrator
Town of Prosper
1nt:i>,
Courier a--Gazette-972.542-2b31
Classifieds �°
Legal Notices Legal Notices Legal Notices Legal Notices Le
To be published in the
McKinney Courier -Gazette on
Monday. October 14, 2002
LEGAL NOTICE
TOWN OF PROSPER
ORDINANCE NO. 02-39
AN ORDINANCE OF THE
TOWN OF PROSPER.
DIRECTING ITS TOWN
ENGINEER TO PREPARE A
SERVICE PLAN FOR THE
APPROXIMATE 42.43 ACRES
OF LAND MORE OR LESS
OUT OF THE WILLIAM
BUTLER SURVEY,
ABSTRACT NO 112 AND
BEING MORE GENERALLY
LOCATED ALONG THE
NORTH SIDE OF COUNTY
ROAD 78 EAST OF A TP&L
CO. EASEMENT COLLIN
COUNTY, TEXAS.
PROPOSED BY WAYNE
YARBROUGH TO BE
VOLUNTARILY ANNEXED:
SERVICE PLAN TO BE IN
ACCORDANCE WITH
SECTION 43 056, TEXAS
LOCAL GOVERNMENT
CODE, V.A.TS.: SERVICE
PLAN TO BE AVAILABLE FOR
PUBLIC HEARINGS:
EFFECTIVE DATE
To be published in the
McKinney Courier -Gazette on
Monday, October 14, 2002.
LEGAL NOTICE
TOWN OF PROSPER
ORDINANCE NO. 02-41
AN ORDINANCE SETTING A
DATE, TIME, AND PLACE
FOR A PUBLIC HEARING ON
THE PROPOSED IMPACT
FEES AND CAPITAL
IMPROVEMENTS
PROGRAM
11 HIS SPACE AVAILABLE
CALL 542-1631
To be published in the
McKinney Courier -Gazette on
Mondav, October 14 2002.
LEGAL NOTICE
PUBLIC HEARING NOTICE
NOTICE IS HEREBY GIVEN
THAT A PUBLIC HEARING
WILL BE HELD BY THE
MCKINNEY HOUSING
FINANCE CORPORATION OF
THE CITY OF MCKINNEY,
TEXAS, AT 7.30 AM ON
MONDAY. OCTOBER 21.
2002 IN THE 2ND FLOOR
CONFERENCE ROOM OF
THE MUNICIPAL BUILDING
LOCATED AT 222 N.
TENNESSEE STREET
REGARDING. Request made
to the McKinney Housing
Finance Corporation Board to
consider/discuss/act on the
application for multi -family
housing revenue bonds to be
issued through the state on
behalf of Southwest Housing
Development for the
development of Primrose Villas
Apartments to be located at
the southeast corner of US
Highway 75 and Spur 399 in
the City of McKinney: Collin
County, Texas
WITNESS MY HAND AND
SEAL THIS THE LOTH DAY
OF OCTOBER, 2002.
Jennifer Sproull,
City Secretary
To be published in the
McKinney Courier -Gazette on
Monday. October 14 2002
LEGAL NOTICE
TOWN OF PROSPER
ORDINANCE NO. 02-33
AN ORDINANCE OF THE
TOWN OF PROSPER. TEXAS
REPEALING ORDINANCE
NOS 86-25 AND 98-02,
ESTABLISHING A
COMPREHENSIVE FEE
SCHEDULE PROVIDING
FOR WATER AND SEWER
RATES, PROVIDING FOR A
PENALTY FOR THE
VIOLATION OF THIS
ORDINANCE: PROVIDING
FOR SAVINGS. REPEALING
AND SEVERABILITY
CLAUSES; PROVIDING FOR
AN EFFECTIVE DATE: AND
PROVIDING FOR THE
PUBLICATION OF THE
CAPTION HEREOF
To be published in the
McKinney Courier -Gazette on
Monday. October 14. 2002.
LEGAL NOTICE
TOWN OF PROSPER
ORDINANCE NO.02-38
AN ORDINANCE SETTING r-
DATE. TIME. AND PLACE
FOR TWO PUBLIC
HEARINGS ON THE
PROPOSED YARBROUGH
ANNEXATION OF
APPROXIMATELY 42.43
ACRES OF LAND MORE OR
LESS OUT OF THE WILLIAM
BUTLER SURVEY.
ABSTRACT NO. 112 AND
BEING MORE GENERALLY
LOCATED ALONG THE
NORTH SIDE OF COUNTY
ROAD 78 EAST OF A TP&L
CO. EASEMENT COLLIN
COUNTY TEXAS
To be published in the
McKinney Courier -Gazette
on Monday. October 14,
2002.
LEGAL NOTICE
THE STATE OF TEXAS
TO: KERRY DANIEL
MARSHALL,
WHEREABOUTS
UNKNOWN, Respondent:
'You have been sued. You
may employ an attorney.
If you or your attorney
do not file a written
answer with the clerk
who issued this citation
by 10.00 a.m. on the
Monday next following
the expiration of twenty
days after you were
served this citation and
petition, a default
judgment may be taken
against you.'
GREETINGS:
YOU ARE HEREBY
COMMANDED to appear
by filing a written answer in
the 296th District Court,
Collin County. Texas, at the
courthouse of said county
in McKinney. Texas, at or
before 10:00 o'clock a.m.
of the Monday next after
the expiration of 20 days
from the date of service of
this citation then and there
to answer the petition of
CC UNIT TX DEPT
PROTECTIVE SERVICES,
Petitioner, filed in said
Court on the 4th day of
OCTOBER, 2002, against
KERRY
MARSH
and sui
296-536
docket c
entitled
AUTUM
a C
CUNNM
the natu
a requf
FOR l
TEMPO
CONSE
Said
CUNNIN
day of C
UNKNO
Said
CUNNI�
day of
UNKNO
The Cot
this su
judgmer
children:
will be
includinc
the
relations
appointr
conserv;
to consE
adoptior
Issued a
hand a
Court at
this th
OCTOBI
HANNAI
District C
Collin CI
By: Lorri
Deputy
(972) 347-2304
Date: October 10, 2002
Town of Prosper
P.O. Box 307
Prosper, Texas 75078
Metro (972) 346-2640
To: McKinney Courier Gazette
Fax: (972)529-1684
From: Amber Phillips
City Secretary
Town of Prosper
Fax (972) 347-2111
Please publish the following caption one (1) time in your Monday, October 14,
2002, edition of the McKinney Courier Gazette. Publisher's Affidavit is
requested.
Thank You,
Amber Phillips
If you do not receive all of these pages, please advise.
Page 1 of 2
TOWN OF PROSPF.
OP"iNANCE NO.02-39
AN ORDINANCE OF THE TOWN OF PROSPER, DIRECTING ITS TOWN
ENGINEER TO PREPARE A SERVICE PLAN FOR THE APPROXIMATE 42.43
ACRES OF LAND MORE OR LESS OUT OF THE WILLIAM BUTLER
SURVEY, ABSTRACT NO.112 AND BEING MORE GENERALLY LOCATED
ALONG THE NORTH SIDE OF COUNTY ROAD 78 EAST OF A TP&L CO.
EASEMENT, COLLIN COUNTY, TEXAS, PROPOSED BY WAYNE
YARBROUGH TO BE VOLUNTARILY ANNEXED; SERVICE PLAN TO BE IN
ACCORDANCE WITH SECTION 43.056, TEXAS LOCAL GOVERNMENT
CODE, V.A.T.S.; SERVICE PLAN TO BE AVAILABLE FOR PUBLIC
HEARINGS; EFFECTIVE DATE.
(972) 347-2304
Date: October 10, 2002
Town of Prosper
P.O. Box 307
Prosper, Texas 75078
Metro (972) 346-2640
To: McKinney Courier Gazette
Fax: (972)529-1684
From: Amber Phillips
City Secretary
Town of Prosper
Fax (972) 347-2111
Please publish the following caption one (1) time in your Monday, October 14,
2002, edition of the McKinney Courier Gazette. Publisher's Affidavit is
requested.
Thank You,
Amber Phillips
If you do not receive all of these pages, please advise.
Page 1 of 2
TOWN OF PROSPE-
C"T)INANCE NO.02-38
AN ORDINANCE SETTING A DATE, TIME, AND PLACE FOR TWO PUBLIC
HEARINGS ON THE PROPOSED YARBROUGH ANNEXATION OF
APPROXIMATELY 42.43 ACRES OF LAND MORE OR LESS OUT OF THE
WILLIAM BUTLER SURVEY, ABSTRACT NO.112 AND BEING MORE
GENERALLY LOCATED ALONG THE NORTH SIDE OF COUNTY ROAD 78
EAST OF A TP&L CO. EASEMENT, COLLIN COUNTY, TEXAS.
v
Annexation Calendar
Wayne Yarbrough
Date
Action
,Oct. 8, 2002
Initiate Annexation - Set Date for 2 Public
Hearings and Call for Service Plan
Nov. 01, 2002
Newspaper Advertisement in McKinney Courier
Gazette for 1 St & 2nd Public Hearings
Nov. 12, 2002
Presentation of Service Plan and 1st Public
Hearing with Town Council
Nov. 19, 2002
2 Public Hearing with Town Council
Dec. 10, 2002
Adoption of Annexation Ordinance including
Service Plan — Annexation Complete
Dec. 11, 2002
Mail Annexation Letters and Send Notice to
News aper to Publish Ordinance Caption
All dates listed are tentative and may be subject to change. They have been
provided as a courtesy for those interested in this action. The timing for actions
related to annexation is proscribed by the Texas Local Government Code and all
actions must be completed with 90 days from the initiation of the annexation
process. Zoning is a discretionary legislative function with no pre -established
time limit for completion. Zoning actions therefore may be extended due to
requests by the applicant or due to actions of the P&Z or Town Council.
Annexation Letters - Checklist
(972) 347-2304
December 12, 2002
Town of Prosper
P.O. Box 307
Prosper, Texas 75078
Metro (972) 346-2640
Burlington -Northern Railroad
C/o Durwood Cochrum, Property Manager
2680 Continental Place — 777 Main
Fort Worth, TX 76102
Fax (972) 347-2111
Re: Annexation of 42.43 Acres of land into the Town of Prosper.
Dear Mr. Cochrum,
The Town of Prosper is notifying Burlington -Northern Railroad of an annexation
by public hearing because your railroad serves our Town and is on the tax roll.
The land is not bordered by Burlington -Northern Railroad. The legal description
of the property is as follows:
SURVEY, ABSTRACT & COUNTY: WILLIAM BUTLER SURVEY, ABSTRACT NO. 112,
PROSPER, COLLIN COUNTY, TEXAS, CONTAINING 42.43 ACRES OF LAND, MORE OR
LESS.
If any further information is needed, please contact me at the above address or
phone number.
]SinLcerly,
mber Phillips, Town Secr ary
(972)347-2304
December 12, 2002
Classic Cable
Attn: Rodney Fletcher
3815 Pioneer Road
Balch Springs, TX 75180
Town of Prosper
P.O. Box 307
Prosper, Texas 75078
Metro (972) 346-2640
Fax (972) 347-2111
Re: ANNEXATION OF 42.43 ACRES OF LAND, MORE OR LESS, LOCATED
IN THE WILLIAM BUTLER SURVEY, ABSTRACT NO. 112, PROSPER, COLLIN
COUNTY, TEXAS, CONTAINING 42.43 ACRES OF LAND, MORE OR LESS.
Dear Rodney,
Enclosed please find a copy of Annexation Ordinance No. 02-51 annexing the
above referenced land into the Town of Prosper. I have also enclosed a map of
the area.
If any further information is needed to add this land to the franchise area of our
Town, please contact me at the above address or phone number.
Sincerely,
ber Phillips, Town Secreta
(972)347-2304
December 12, 2002
Co-Sery Electric
3501 FM 2181
Corinth, TX 76205
Attn: Janet Knight
Town of Prosper
P.O. Box 307
Prosper, Texas 75078
Metro (972) 346-2640
Fax (972) 347-2111
Re: ANNEXATION OF 42.43 ACRES OF LAND, MORE OR LESS, LOCATED
IN THE WILLIAM BUTLER SURVEY, ABSTRACT NO. 112, PROSPER, COLLIN
COUNTY, TEXAS, CONTAINING 42.43 ACRES OF LAND, MORE OR LESS.
Dear Janet,
Enclosed please find a copy of Annexation Ordinance No. 02-51 annexing the
above referenced land into the Town of Prosper. I have also enclosed a map of
the area.
If any further information is needed to add this land to the franchise area of our
Town, please contact me at the above address or phone number.
Sincerely,
Ak�p
mber Phillips, Town Secre ry
(972)347-2304
December 12, 2002
Co-Sery Gas
3501 FM 2181
Corinth, TX 76205
Attn: Gary Smith
Town of Prosper
P.O. Box 307
Prosper, Texas 75078
Metro (972) 346-2640
Fax (972) 347-2 111
Re: ANNEXATION OF 42.43 ACRES OF LAND, MORE OR LESS, LOCATED
IN THE WILLIAM BUTLER SURVEY, ABSTRACT NO. 112, PROSPER, COLLIN
COUNTY, TEXAS, CONTAINING 42.43 ACRES OF LAND, MORE OR LESS.
Dear Gary,
Enclosed please find a copy of Annexation Ordinance No. 02-51 annexing the
above referenced land into the Town of Prosper. I have also enclosed a map of
the area.
If any further information is needed to add this land to the franchise area of our
Town, please contact me at the above address or phone number.
Sincerely,
Amber Phillips, Town Se tary
(972) 347-2304
December 12, 2002
Town of Prosper
P.O. Box 307
Prosper, Texas 75078
Metro (972) 346-2640
Southwestern Bell Telephone Company
Attn: Maria Monk
2301 Ridgeview Drive
Plano, TX 75025
Fax (972) 347-2- 1 1 1
Re: ANNEXATION OF 42.43 ACRES OF LAND, MORE OR LESS, LOCATED
IN THE WILLIAM BUTLER SURVEY, ABSTRACT NO. 112, PROSPER, COLLIN
COUNTY, TEXAS, CONTAINING 42.43 ACRES OF LAND, MORE OR LESS.
Dear Maria,
Enclosed please find a copy of Annexation Ordinance No. 02-51 annexing the
above referenced land into the Town of Prosper. I have also enclosed a map of
the area.
If any further information is needed to add this land to the franchise area of our
Town, please contact me at the above address or phone number.
Sincer ly,
mber Phillips, Town Secreta
(972) 347-2304
December 12, 2002
Town of Prosper
P.O. Box 307
Prosper, Texas 75078
Metro (972) 346-2640
U.S. Department of Justice, Voting Section
Civil Rights Division
P.O. Box 66128
Washington, D.C. 20035-6128
VIA CERTIFIED MAIL
RECEIPT NO.: 7000 1530 0004 4812 9402
Fax (972) 347-2111
Re: ANNEXATION OF 42.43 ACRES OF LAND, MORE OR LESS, LOCATED IN
THE WILLIAM BUTLER SURVEY, ABSTRACT NO. 112, PROSPER, COLLIN
COUNTY, TEXAS, CONTAINING 42.43 ACRES OF LAND, MORE OR LESS.
My name is Amber Phillips, Town Secretary. I am submitting this information to you on
behalf of the Town of Prosper, Texas, 113 W. Broadway, Prosper, Texas 75078.
The above referenced land was annexed into the Town of Prosper, Texas and the
owners of the land will have the same voting rights as all other citizens in the Town. The
land has no improvements at this time but will not abridge the voting rights of anyone.
A copy of ordinance number 02-51, which annexed the land into the Town of Prosper is
enclosed for your review.
The Town Council of the Town of Prosper, Texas, after careful consideration, annexed
the land to increase the Town's tax base, and the owner needed the facilities of the
Town including fire, police protection, water, garbage, and other services.
The Town Officials consist of a Mayor and five Council Members elected at large for two
(2) year terms.
The population of the Town of Prosper, Texas prior to the annexation is 2,400 per North
Central Texas Council of Governments. The annexed land is uninhibited at this time.
The property annexed will be used for single-family homes only.
If you have any further questions, please contact me at the above address or phone
number.
Sincerely,
i�
■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
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ri OorPO Box No.4 trr V 1
.
Town of Prosper
P.O. Box 307
Prosper, Texas 75078
(972) 347-2304
December 12, 2002
Oncor Electric/Gas
Attn: Steve Matthews
103 W. McDermott, Suite 200
Allen, Texas 75013-2751
Metro (972) 346-2640
I�
Fax (972) 347-21 1 1
Re: ANNEXATION OF 42.43 ACRES OF LAND, MORE OR LESS, LOCATED
IN THE WILLIAM BUTLER SURVEY, ABSTRACT NO. 112, PROSPER, COLLIN
COUNTY, TEXAS, CONTAINING 42.43 ACRES OF LAND, MORE OR LESS.
Dear Steve,
Enclosed please find a copy of Annexation Ordinance No. 02-51 annexing the
above referenced land into the Town of Prosper. I have also enclosed a map of
the area.
If any further information is needed to add this land to the franchise area of our
Town, please contact me at the above address or phone number.
Sincer ly,
tuber Phillips, Town Secreta
(972)347-2304
December 12, 2002
Town of Prosper
P.O. Box 307
Prosper, Texas 75078
Metro (972) 346-2640
TX Department of Transportation
Attn: TPP Mapping
PO Box 149217
Austin, TX 78714-9217
Fax (972) 347-2 111
Re: ANNEXATION OF 42.43 ACRES OF LAND, MORE OR LESS, LOCATED
IN THE WILLIAM BUTLER SURVEY, ABSTRACT NO. 112, PROSPER, COLLIN
COUNTY, TEXAS, CONTAINING 42.43 ACRES OF LAND, MORE OR LESS.
Enclosed please find a copy of Annexation Ordinance No. 02-51 annexing the
above referenced land into the Town of Prosper. I have also enclosed a map of
the area.
If any further information is needed, please contact me at the above address or
phone number.
Sincer ly,
tuber Phillips, Town Secreta
(972)347-2304
December 12, 2002
Town of Prosper
P.O. Box 307
Prosper, Texas 75078
Metro (972) 346-2640
Southwestern Bell Telephone Company
Attn: Dennis Bailey
208 N. Rockwall
Terrell, Texas 75160
Fax (972) 347-21 1 1
Re: ANNEXATION OF 42.43 ACRES OF LAND, MORE OR LESS, LOCATED
IN THE WILLIAM BUTLER SURVEY, ABSTRACT NO. 112, PROSPER, COLLIN
COUNTY, TEXAS, CONTAINING 42.43 ACRES OF LAND, MORE OR LESS.
Dear Dennis,
Enclosed please find a copy of Annexation Ordinance No. 02-51 annexing the
above referenced land into the Town of Prosper. I have also enclosed a map of
the area.
If any further information is needed to add this land to the franchise area of our
Town, please contact me at the above address or phone number.
jSincerly, ps, Town Secret
Town of Prosper
P.O. Box 307
Prosper, Texas 75078
(972) 347-2304
December 12, 2002
Office of the Secretary of State
Statutoty Documents Division
P.O. Box 12887
Austin, TX 78711
Metro (972) 346-2640
Fax (972) 347-21 11
Re: ANNEXATION OF 42.43 ACRES OF LAND, MORE OR LESS, LOCATED
IN THE WILLIAM BUTLER SURVEY, ABSTRACT NO. 112, PROSPER, COLLIN
COUNTY, TEXAS, CONTAINING 42.43 ACRES OF LAND, MORE OR LESS.
Enclosed please find a copy of Annexation Ordinance No. 02-51 annexing the
above referenced land into the Town of Prosper. I have also enclosed a map of
the area.
If any further information is needed, please contact me at the above address or
phone number.
Sincer ly,
mber Phillips, "Town Secrets
(972)347-2304
December 12, 2002
IESI
Attn: Jeff Cecil
721 Anderson Street
McKinney, TX 75069
Town of Prosper
P.O. Box 307
Prosper, Texas 75078
Metro (972) 346-2640
Fax (972) 347-2111
Re: ANNEXATION OF 42.43 ACRES OF LAND, MORE OR LESS, LOCATED
IN THE WILLIAM BUTLER SURVEY, ABSTRACT NO. 112, PROSPER, COLLIN
COUNTY, TEXAS, CONTAINING 42.43 ACRES OF LAND, MORE OR LESS.
Dear Jeff:
Enclosed please find a copy of Annexation Ordinance No. 02-51 annexing the
above referenced land into the Town of Prosper. I have also enclosed a map of
the area.
The annexed land is presented uninhabited; however, its future use is planned
for single-family homes.
If any further information is needed, please contact me at the above address or
phone number.
Sincerely,
Amber Phillips, Town Secr ary
(972)347-2304
December 12, 2002
Town of Prosper
P.O. Box 307
Prosper, Texas 75078
Metro (972) 346-2640
Sales Tax Division
Comptroller of Public Accounts
Lyndon B. Johnson state Office Building
Austin, TX 78774
VIA CERTIFIED MAIL
RECEIPT NO.: 7000 1530 0004 4812 9396
Fax (972) 347-2 111
Re: ANNEXATION OF 42.43 ACRES OF LAND, MORE OR LESS, LOCATED
IN THE WILLIAM BUTLER SURVEY, ABSTRACT NO. 112, PROSPER, COLLIN
COUNTY, TEXAS, CONTAINING 42.43 ACRES OF LAND, MORE OR LESS.
Enclosed please find a copy of Annexation Ordinance No. 02-51 annexing the
above referenced land into the Town of Prosper. I have also enclosed a map of
the area.
If any further information is needed, please contact me at the above address or
phone number.
Sincer ly,
L
mber Phillips, Town Secretary
C1• ctcrjnco.
to
■Complete items 1 and/or 2 for additional services.
■Complete items 3, 4a, and 4b. I also Wish to receive the
H
■ Print your name and address on the reverse of this form so that we can return this following services (for an
card to you.
>
d
extra fee):
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permit. 1. Addressee's Address
■Wnte'Return
y
r
Receipt Requested' on the mailpiece below the article number.
■The Return Receipt will show to whom the article was delivered and the date 2. ❑Restricted Delivery
delivered.
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Consult postmaster for fee.
J. Article Addressed to:
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(972)347-2304
December 12, 2002
Central Appraisal District
Attn: Carl Birdwell
2404 K Avenue
Plano, TX 75074-5911
Town of Prosper
P.O. Box 307
Prosper, Texas 75078
Metro (972) 346-2640
Fax (972) 347-21 1 1
Re: ANNEXATION OF 42.43 ACRES OF LAND, MORE OR LESS, LOCATED
IN THE WILLIAM BUTLER SURVEY, ABSTRACT NO. 112, PROSPER, COLLIN
COUNTY, TEXAS, CONTAINING 42.43 ACRES OF LAND, MORE OR LESS.
Dear Carl,
Enclosed please find a copy of Annexation Ordinance No. 02-51 annexing the
above referenced land into the Town of Prosper. The property will be developed
as Single -Family residences. I have also enclosed a map of the area.
If any further information is needed, please contact me at the above address or
phone number.
Since ly,
Amber Phillips, Town Secrets
Town of Prosper
P.O. Box 307
Prosper, Texas 75078
(972)347-2304
December 12, 2002
Collin County Courthouse
Attn: Bret Fenster
210 S. McDonald, Ste. 26
McKinney, TX 75069
Metro (972) 346-2640
Fax (972) 347-2111
Re: ANNEXATION OF 42.43 ACRES OF LAND, MORE OR LESS, LOCATED
IN THE WILLIAM BUTLER SURVEY, ABSTRACT NO. 112, PROSPER, COLLIN
COUNTY, TEXAS, CONTAINING 42.43 ACRES OF LAND, MORE OR LESS.
Dear Rodney,
Enclosed please find a copy of Annexation Ordinance No. 02-51 annexing the
above referenced land into the Town of Prosper. I have also enclosed a map of
the area.
If any further information is needed, please contact me at the above address or
phone number.
/Y
Amber Phillips, Town Secreta
SEP 1 6 20P7
BY:
Annexation Petitian
TO THE MAYOR AND GOVERNING BODY OF THE CITY OF PROSPER, TEXAS
-AUG 0 ? ?001
The undersigned owner(s) of the hereinafter described tract of land, which is vacant and without residents, or on
which less than three (3) qualified voters reside, hereby petition your honorable body to extend the present city limits
so as to include as a part of the City of Prosper, Texas, the following described territory, to wit:
Description of the territory to be annexed by metes and bounds:
S E A F1RC-HED PLAT A nJ �c�FZyE 7
I (We) certify that the above described tract of land is contiguous to the City of Prosper, Texas, is not more than one-
half (1/2) mile in width and that this petition is signed d duly acknowledg by each and every person or
corporation having an interest in said land. j
er' ignature # 1
THE STATE OF TEXAS
COUNTY OF �o��,r /
Before me, the undersigned authority, on this day personally appeared 4110c, � % �4 i �1 / known to me to be
the person whose name is subscribed to the foregoing instrument and acknowledged to me that he or she executed
the same for the purposes and consideration therein expressed.
Given under my hand and seal of office, this —7day of 1200,2
(SEAL
) _ �. n..�,:- : a r,- • ,crate of Texas
ROGER W. HARKINS - �� • ' °`_ Notary Public, State of Texas My commission expires: L1/ CEO
My Commission Expires
July 24, 2005
Owner's Signature #2 (if applicable)
THE STATE OF TEXAS
COUNTY OF
Before me, the undersigned authority, on this day personally appeared known to me to be
the person whose name is subscribed to the foregoing instrument and acknowledged to me that he or she executed
the same for the purposes and consideration therein expressed.
Given under my hand and seal of office, this day of , 20_
(SEAL)
Notary Public in and for the State of Texas
My commission expires:
All that
certain tract or
c `ind lying and being situ
A in Collin County,
Texas, a
part of the WILLIAtoi-dU1c4R
SURVEY, ABSTRACT NUMBER 112, and being and
Including
all that same tract
described 1n a deed to Wayne
A. Robinson and wife,
Shirley A.
Robinson, recorded
in Volume 3377, page 923 of
the Collin County Land
Records,
said troct or a parcel
of land is herein described
as follows; too wit:
BEGINNING at an iron rod found in the center of County Road No. 78 for the
Southwest corner of the premises herein described, said corner being the Southeast
corner of a tract sold to contaln 37.789 acres as described in a deed to Sterling
Projects, Inc., recorded In Volume 4125, page 2623, Collin County Land Records,
sold corner also being in close proximity to the centerline of an 100 ft. wide T.P. do
L. Easement recordodl In Volume 492, page 85, Collin County Deed Records;
THENCE North 18 degrees 30 minutes 45 seconds East along the West line hereof
and the approximate centerline of said T.P. do L. Easement a distance of 1626.80
feet to an 1/2 inch iron rod. found for the Northeast comer of sold called 37.789
acre tract, said corner being the. Southeast corner of NORTHCHASE ESTATES, an
addition to the City of Prosper according to the plot thereof recorded in Cabinet F,
page 491, Collin County Map Records;
THENCE continuing along the West line hereof and the approximate centerline of sold
T.P. do L. Easement, North 18 degrees 32 minutes 55 seconds East 496.26 feet to
an 1/2 inch Iron rod found on the Northeast corner of said NORTHCHASE ESTATES,
sold corner baing on the South line of BRADFORD FARMS ADDITION, an addition to
Collin County, Texas according to the plot thereof recorded in Cabinet J, page 765,
Collin County flap Records;
THENCE along the South line of BRADFORD FARMS ADDITION, North 87 degrees 55
minutes 36 seconds East 272'.92 feet to an 1/2 inch iron rod found for corner,
THENCE North 87 degr*es F`-nin►"' it 22 seconds East 153.10 feet to an 1/2 Inch
iron rod found for corner;
THENCE North 87 degrees 41 minutes 32 seconds East 131.96 feet to an 1/2 Inch
iron rod sot for the Northeast corner hereof, -sold corner being the Northwest corner
of a record 27.4356 acre tract conveyed to William Gurley by deed recorded under
Collin County Clerk's File 95-0097194;
THENCE South 01 degree 38 minutes 35 seconds East 2006.60 feet to a 5/8 Inch
Iron rod found in the center of . County Road No. 78 at the Southwest corner of sold
called 274356 acre trocf and the South".0 rnrn7r of the pryr„l,)s 1sicribed
herein;
THENCE South 88 degrees 45 minutes 26 seconds West along,- the approximate center
of sold County -Rood. No. 78 a distance of 1289.83 feet to the Place of BEGINNING
and__contalning-_42.44 aocres of .kind•
SURVEYOR'S CERTIFILArE
I do hereby certify that^� pla, ireon is an accurate representation of
the property as determi,_.j. ' by t,•, - on the ground survey, subject to oil
written and perscriptive_ easements which offect. some unless noted, the
lines and dimensions of the property being as indicated and the size,
location- and type of permanent improvements are correctly shown, and
that EXCEPT AS SHOWN THERE ARE NO VISIBLE ENCROACHMENTS OR
PROTRUSIONS AND NO APPARENT OVERLAPS OR CONFLICTS.
DATE: JUNE 16, 2000"
James E. Smith II
Registered
PROFESSIONI"—E NO - .2VEYCFd
NC,_1 00
OF
JAMSS F_ SMITH 11
9�,cF S `°�0��
lb *A D4mu—crSorvlees CONCEPT PLAN
ffi AM. bYait ~dint[ 6.rr.a b�.r w[+ra..Ew
I�! MOEL� YI} —\YW —
WLY
tanso.[o n.[a.aM n arc r. taoa
K.",;wm VILLAS OF PROSPER
r wrvr wnw
CITY OF PROSPER, TEXAS
LOT COUNT (80 X125J:
107
TOTAL ACRA(iE:
42.43 ac
OPEN SPACE
4 95 ac
FIRST STREET
R.O.W. DEDICATION
1.17 ac
STREETS:
6,150 If
OVERALL DENSITY:
2.5 U/a
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,-
ZONING APPLICATION
Name of Subdivision/Development: R a I (i 62C.
Survey Name: b'V ; ! 1:� — �i �.t le,v J Abstract#: 1 I
Location of Property: (-g 74g Z�Z, j :,F piey.}2,,,,, A J # of Lots: 10 7 Total Acreage: tI Z, y3.
Present Zoning Classification: 4c, Proposed Zoning Classification: P D .
Present Use: AS Proposed Use: 575,E «id;lJ��ySr�•—.�ic��
The applicant is encouraged to review development plans with the Planning & Zoning Commission, as well as area property
owners prior to submitting a zoning application.
Current Property Owners Name:_It%ty�R�
ye. ' c. i.,�..cGl.,. Company: 2MY'e
Address: l.:7CC7 Gt,y s �,a ✓ vs City, State, Zip: F1, -,.— �7X_7 L"L
Phone: j'^� • 5S761gr <ko Fax, A e-mail address:
Owner's Signature:
Applicant's Name:
Address: 17'71 T
PhoneVZ- , TIE,'
Representative's Name: Ne A_ Company: Agge) -/kl,u n e . 5• v
Address: City, State, Zip:
Phone: Fax: e-mail address:
Items Submitted
o Completed zoning request checklist and all information required therein.
o Completed Tax Certificate Request Form.
o List of all contacts affiliated with this project.
o Planned Development Agreement and completed checklist (if applicable).
o Site Plan showing desired use.
o Application fee of $50 plus total amount of postage worksheet.
THE STATE OF TEXAS
COUNTY OF
BEFORE ME, a Notary Public, on this day personally appeared 4&k4 ,(�Gl�l�l=G LT�� the
undersigned applicant, who, under oath, stated the following: "I hereby certify that I am the owner, or duly
authorized agent of the owner, for the purposes of this application; that all information submitted herein is true and
correct."
O�#ner,(ApWaxV,`55r Representative
SUBSCRIBED AND SWORN TO before me, this 1174' day of QL7-Zbery 20 0J-�
(SEAL) t':A °B/;,,sndraMcDonald �c(,c✓ C Q(o�
o`*...'*JNo
tary Public, State of Terypublic in and for the State of Texas
.
My Commission Expires
MAY 22 005
ion expires:
E
..Jed'
Planned Development (PD) Request Checklist
The following exhibits must be completed and submitted with the zoning application, if rezoning is requested as
Planned Development (PQ
Exhibit A
1. Legal Description
Od Titled as "Exhibit A: for Z# "
. e Legal Description (metes and bounds) of the total area, as well as any individual tracts within the PD
request. The legal description shall extend to the centerline of adjacent thoroughfares and creeks. The
applicant will submit a hard copy (8-1/2 x 11) of the legal description sealed by a surveyor and a computer
disk containing the legal description formatted for Microsoft Word.
2. Zoning
q� Title block located in lower right comer (titled "Exhibit A: for Z# ") with subdivision name, block and
lot numbers, survey name and abstract number, and preparation date
q, Legal description (metes and bounds) of the total area within the PD request
p The addresses of the applicant, the property owner, and all other property owners within 200 feet of the site
shall be submitted on peel -off labels along with the postage calculation worksheet
cr North arrow, scale, and location/vicinity map
a- Legend, if abbreviation or symbols are used
pr Property boundary and dimensions
d Adjacent Property within 200 feet —subdivision name, owner's name and recording information, land use,
and zoning
of Existing and requested zoning boundary lines
u, Total gross and net acreage of existing and requested zoning
od Potential residential density if proposed zoning for residential districts (exclude major thoroughfares from
density calculations)
cY Location of existing right-of-ways and utility easements
od Location and width of planned and existing thoroughfares, streets, or county roads within and adjacent to
the property
o If exhibit contains proposed thoroughfares add note: "The thoroughfare alignment(s) shown on this exhibit
are for illustration purposes and does not set the alignment. The alignment is determined at the time of final
plat."
e, Topography at five (5) foot contours or less
o Existing and proposed FEMA 100-year floodplain areas, or note that no floodplain exists on property
01 o Traffic Impact Analysis will be completed and submitted with the PD Checklist
Exhibit B
er Labeled "Exhibit B: Statement of Intent and Purpose"
ar Submit Statement of Intent and Purpose for the PD on separate 8-1/2 x 11 sheets
Exhibit C
er Labeled "Exhibit C: Planned Development Standards"
we List of proposed standards for the PD. If different standards will be applied to different tracts within the
PD, list proposed standards for all tracts separately, label each list of standards, and comparably label the
corresponding tracts on the zoning exhibit (Exhibit A)
e Submit proposed PD standards on separate 8-1/2 x 11 sheets
Preparers Signature,,` L
12
Postage Calculation Worksheet
Total Number of Labels for Notification:
x
Postage: , j
TOTAL POSTAGE DUE:
l.y(V .vefe_Me114
Owner/Applicant Name (Print):��
Owner/Applicant Signature: —
P
13
ADJOINING PROPERTY OWNERS FOR PROSPER 42 ACRES
PROPERTY OWNERS STEEPLECHASE
Owner's Name CR 78 DEVELOPMENT INC
and Mailing 2112 ARCHER CT
Address
FLOWER MOUND, TX 75028-3557
Location N/A HIDDEN LAKE DR
Legal (STEEPLECHASE LAKE OF PROSPER, BLOCK A, LOT 3
Description
Owner's Name CR 78 DEVELOPMENT INC
and Mailing 2112 ARCHER CT
Address
MOUND, TX 75028-3557
Location IN/A HIDDEN LAKE DR
Legal ' STEEPLECHASE LAKE OF PROSPER, BLOCK A, LOT 32
Description
Owner's Name CR 78 DEVELOPMENT INC
and Mailing 2112 ARCHER CT
Address
MOUND, TX 75028-3557
Location IN/A HIDDEN LAKE DR
Legal STEEPLECHASE LAKE OF PROSPER, BLOCK A, LOT 33
Description
Owner's Name
CARMEN INVESTMENTS INC
and Mailing
PO BOX 517
Address
COPPELL, TX 75019-0517
Location
N/A HIDDEN LAKE DR
Legal
STEEPLECHASE LAKE OF PROSPER, BLOCK A, LOT 34
Description
Owner's Name CR 78 DEVELOPMENT INC
and Mailing 2112 ARCHER CT
Address
FLOWER MOUND, TX 75028-3557
Location IN/A HIDDEN LAKE DR
Legal STEEPLECHASE LAKE OF PROSPER, BLOCK A, LOT 35
Description
Owner's Name
CARMEN INVESTMENTS INC
and Mailing
PO BOX 517
Address
COPPELL, TX 75019-0517
Location
N/A HIDDEN GLEN CT
Legal
STEEPLECHASE LAKE OF PROSPER, BLOCK A, LOT 38
Description
Owner's Name^ CARMEN INVESTMENTS INC
and Mailing PO BOX 517
Address
COPPELL, TX 75019-0517
Location N/A HIDDEN GLEN CT
Legal STEEPLECHASE LAKE OF PROSPER, BLOCK A, LOT 39
Description
Owner's Name
CARMEN INVESTMENTS INC
and Mailing
PO BOX 517
Address
COPPELL, TX 75019-0517
Location
N/A HIDDEN GLEN CT
Legal
STEEPLECHASE LAKE OF PROSPER, BLOCK A, LOT 40
Description
2
Owner's Name
and Mailing
Address
Location
Legal
Description
RLEY WILLIAM T &
RLEY MARGARET A
BOX 759
JSPER. TX 75078
1571 HIDDEN GLEN CT
STEEPLECHASE LAKE OF PROSPER, BLOCK A, LOT 41
Owner's Name
STREET CUSTOM HOMES
and Mailing
1660 STEMMONS FWY S
Address
STE 295
LEWISVILLE, TX 75067
Location
N/A HIDDEN GLEN CT
Legal
STEEPLECHASE LAKE OF PROSPER, BLOCK A, LOT 42
Description
Owner's Name CARMEN INVESTMENTS INC
and Mailing PO BOX 517
Address
COPPELL, TX 75019-0517
Location
A HIDDEN GLEN CT
Legal (STEEPLECHASE LAKE OF PROSPER, BLOCK A, LOT 43 I
Description
Owner's Name
CARMEN INVESTMENTS INC
and Mailing
PO BOX 517
Address
COPPELL, TX 75019-0517
Location
N/A HIDDEN LAKE DR
Legal
STEEPLECHASE LAKE OF PROSPER, BLOCK A, LOT 48
Description
Owner's Name CR 78 DEVELOPMENT INC
and Mailing 2112 ARCHER CT
Address
FLOWER MOUND, TX 75028-3557
Location
/A HIDDEN LAKE DR
Legal (STEEPLECHASE LAKE OF PROSPER, BLOCK A, LOT 49 I
Description
Owner's Name
CARMEN INVESTMENTS INC
and Mailing
PO BOX 517
Address
COPPELL, TX 75019-0517
Location
N/A HIDDEN LAKE DR
Legal
STEEPLECHASE LAKE OF PROSPER, BLOCK A, LOT 50
' Description
Owner's Name CR 78 DEVELOPMENT INC
and Mailing 2112 ARCHER CT
Address
MOUND, TX 75028-3557
Location IN/A HIDDEN LAKE DR
Legal r
TEEPLECHASE LAKE OF PROSPER, BLOCK A, LOT 51
Description
Owner's Name
CR 78 DEVELOPMENT INC
and Mailing
2112 ARCHER CT
Address
FLOWER MOUND, TX 75028-3557
Location
N/A HIDDEN LAKE DR
Legal
STEEPLECHASE LAKE OF PROSPER, BLOCK A, LOT 52
Description
4
Owner's Name CR 78 DEVELOPMENT INC
and Mailing 2112 ARCHER CT
Address
FLOWER MOUND, TX 75028-3557
Location N/A HIDDEN LAKE DR
(� Legal STEEPLECHASE LAKE OF PROSPER, BLOCK A, LOT 53
Description
Owner's Name CR 78 DEVELOPMENT INC
and Mailing 2112 ARCHER CT
Address
FLOWER MOUND, TX 75028-3557
Location N/A HIDDEN LAKE DR
Legal (STEEPLECHASE LAKE OF PROSPER, BLOCK A, LOT 54 I
Description
Owner's Name CR 78 DEVELOPMENT INC
and Mailing 2112 ARCHER CT
Address
FLOWER MOUND, TX 75028-3557
Location N/A HIDDEN LAKE DR
Legal STEEPLECHASE LAKE OF PROSPER, BLOCK A, LOT 55 I
Description
Owner's Name
CARMEN INVESTMENTS INC
and Mailing
PO BOX 517
Address
COPPELL, TX 75019-0517
Location
141 HIDDEN LAKE DR
Legal
STEEPLECHASE LAKE OF PROSPER, BLOCK A, LOT 56
Description
Owner's Name CR 78 DEVELOPMENT INC
and Mailing 2112 ARCHER CT
Address
FLOWER MOUND, TX 75028-3557
Location IN/A HIDDEN LAKE DR
Legal (STEEPLECHASE LAKE OF PROSPER, BLOCK A, LOT 57 I
Description
Owner's Name CR 78 DEVELOPMENT INC
and Mailing 2112 ARCHER CT
Address
FLOWER MOUND, TX 75028-3557
Location IN/A HIDDEN LAKE DR
Legal STEEPLECHASE LAKE OF PROSPER, BLOCK A, LOT 58
Description
PROPERTY OWNERS BRADFORD FARMS
Owner's Name WARSITZ NICHOLAS J & RENEE
and Mailing 2207 BRADFORD DR
Address
PROSPER, TX 75078-8741
Location
Legal (BRADFORD FARMS, BLOCK A, LOT 12
Description
Owner's Name
SHAFT PAUL & ELAINE
and Mailing
2209 BRADFORD DR
Address
PROSPER, TX 75078-8741
Location
2 BRADFORD DR
Legal
BRADFORD FARMS, BLOCK B, LOT 1
Description
rol
Owner's Name BOYSON DONNA LYNN
and Mailing 2211 BRADFORD DR
Address
PROSPER, TX 75078-8741
Location
11 BRADFORD DR
Legal IBRADFORD FARMS, BLOCK B, LOT 2 I
Description
Owner's Name
MAECKEL JEFFREY D SR & JUDY A
and Mailing
2213 BRADFORD DR
Address
PROSPER, TX 75078-8741
Location
2213 BRADFORD DR
PROSPER
Legal
BRADFORD FARMS, BLOCK B, LOT 3
Description
Owner's Name GILMORE MARK & SHARON
and Mailing 2215 BRADFORD DR
Address
PROSPER, TX 75078-8741
Location
15 BRADFORD DR
--------- --- ---------------
Legal BRADFORD FARMS, BLOCK B, LOT 4
Description
Owner's Name
MURTAUGH PETER J & DIANE DEYUAN CAI
and Mailing
2217 BRADFORD DR
Address
PROSPER, TX 75078-8741
Location
2217 BRADFORD DR
PROSPER
Legal
BRADFORD FARMS, BLOCK B, LOT 5
Description
7
Owner's Name DELANY THOIMAS E & LESLIE H
and Mailing 2219 BRADFORD DR
Address
TX 75078-8741
Location 12219 BRADFORD DR
Legal IBRADFORD FARMS, BLOCK B, LOT 6 I
Description
Owner's Name
RHYINS PETER D
and Mailing
2312 PLYMOUTH COLONY DR
Address
PROSPER, TX 75078-8742
Location
2312 PLYMOUTH COLONY DR
PROSPER
Legal
BRADFORD FARMS, BLOCK B, LOT 7
Description
PROPERTY OWNERS NORTHCHASE ESTATES
Owner's Name RACCUGLIA SAMUEL J & WANDA
and Mailing 1904 CROWN COLONY
Address
TX 75078
Location 11904 CROWN COLONY
Legal NORTHCHASE ESTATES, BLOCK B, LOT 1
Description
Owner's Name
BEIER DONALD D & CHARLENE A
and Mailing
1905 CROWN COLONY DR
Address
PROSPER, TX 75078-8738
Location
1905 CROWN COLONY DR
PROSPER
Legal
NORTHCHASE ESTATES, BLOCK B, LOT 2
Description
Owner's Name THOMAS CLAUDIA J
and Mailing 1906 CROWN COLONY DR
Address
PROSPER. TX 75078-8739
Location 11906 CROWN COLONY DR
Legal INORTHCHASE ESTATES, BLOCK B, LOT 3
Description
Owner's Name
WOLF TIM ETUX DENISE
and Mailing
1907 CROWN COLONY DR
Address
PROSPER, TX 75078-8738
Location
1907 CROWN COLONY DR
PROSPER
Legal
NORTHCHASE ESTATES, BLOCK B, LOT 4
Description
Owner's Name
GARNER CHARLES ETUX MARY
and Mailing
1908 CROWN COLONY DR
Address
PROSPER, TX 75078-8739
Location
1908 CROWN COLONY DR
PROSPER
Legal
NORTHCHASE ESTATES, BLOCK B, LOT 5
Description
Owner's Name
DUNMIRE JAMES W ETUX
and Mailing
1909 CROWN COLONY DR
Address
PROSPER, TX 75078-8738
Location
1909 CROWN COLONY DR
PROSPER
Legal
NORTHCHASE ESTATES, BLOCK B, LOT 6
Description
6
PROPERTY OWNER STERLING PROJECTS
Owner's Name STERLING PROJECTS INC
and Mailing 8235 DOUGLAS AVE STE 800
Address
DALLAS, TX 75225-6008
Location 1PROSPER
N/AN/A
Legal IA0112 BUTLER, WILLIAM, TRACT 14, ACRES 37.7890
Description
PROPERTY OWNERS MUSTANG — MIDWAY
Owner's Name
MUSTANG -MIDWAY PLANO LTD
and Mailing
16475 DALLAS PKWY # 820
Address
ADDISON, TX 75001-6821
Location
Legal
A0480 JAMISON H, TRACT 3, ACRES 85.1383
Description
10
Tax Certificate Request
Annexation Date:
(IF ANNEXED IN CURRENT OR PRIOR YEAR PLEASE COMPLETE ABOVE.)
DATE OF REQUEST:
NAME OF PROJECT:
Please provide a required Tax Certificate on the following property:
Abstract Number: I i I
Tract Number:
Survey Name: W L 1`1& V. I'S 1, 4, 1 e,
Acres: V .Z : 1-) 3T
Current Owner: A to wt; c- f! ,Jv + PC,ea+?Z�, � z .
Tax Property ID Number: --�
Person Making Request NL')LC 1� D e-Lee— F1" v3�� �
& Address:
A $10.00 fee per tract is required before a certificate will be issued.
Please allow one -week research time for the tax department.
Submit Request to:
Radean Herron
Town of Prosper Tax Department
P.O. Box 65
109 W. Broadway
Prosper, TX 75078
(972)346-9213
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In accordance with FEMA Map Number 48085CO260 G,
No floodplain exists on the subject property
W
a
Locator Map Not to Scale
LOT COUNT (WX125'):
107
TOTAL ACRAGE:
42.48 ac
OPEN SPACE
4.95 ac
FIRST STREET
R.O.W. DEDICATION
1.17 as
STREETS:
6,150 K
OVERALL DENSfTY:
2.5 Ula
9
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Y7tY NQY■E 0"Ma mD
ROLLING HILL ESTATES
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0670
CITY OF PROSPER. TEXAS
MALY=
EXHIBIT A: for Z#
EXHIBIT A: for Z#
All that certain tract or par c and lying and being situated in Collin County,
Texas, a part of the WILL!AM--dU) g�iR SURVEY, ABSTRACT NUMBER 112, and being and
including oil that some tract described in a deed to Wayne A. Robinson and wife,
Shirley A. Robinson, recorded in Volume 3377, page 923 of the Collin County Land
Records, sold tract or a parcel of land Is herein described as follows; too wit:
BEGINNING at an iron rod found In the center of County Road No. 78 for the
Southwest corner of the promises herein described, sold corner being the Southeast
corner of a tract said to contain 37.789 acres as described In a deed to Sterling
Projects, Inc., recorded in Volume 4125, page 2623, Collin County Land Records,
sold corner also being in close proximity to the centerline of an 100 ft. wide T.P. rk
L. Easement recorded in Volume 492. page 85, Collin County Deed Records;
THENCE North 18 degrees 30 minutes 45 seconds East along the West line hereof
and the approximate centerline of said T.P. do L. Easement a distance of 1626.80
feet to an 1/2 inch iron rod found for the Northeast comer of sold called 37.789
acre tract, sold corner being the. Southeast corner of NORTHCHASE ESTATES, an
addition to the City of Prosper according to the plat thereof recorded In Cabinet F,
page 491, Collin County Map Records;
THENCE continuing along the West line hereof and the approximate centerline of sold
T.P. & L. Easement, North 18 degrees 32 minutes 55 seconds East 496.26 feet to
an 1/2 inch Iron rod found on the Northeast corner of said NORTHCHASE ESTATES,
sold comer being on the South line of BRADFORD FARMS ADDITION, an addition to
Collin County, Texas according to the plot thereof recorded in Cabinet J, page 765,
Collin County Map Records;
THENCE along the South line of BRADFORD FARMS ADDITION, North 87 degrees 55
minutes 36 seconds East 272.92 feet to an 1/2 Inch iron rod found for corner;
THENCE North 87 degrees ! 22 seconds East 153.10 feet to an 1/2 Inch
iron rod found for corner;
THENCE North 87 degrees 41 minutes 32 seconds East 131.96 feet to an 1/2 Inch
iron rod set for this Northeast corner hereof, sold corner being the Northwest corner
of a record 27.4356 acre tract conveyed to William Gurley by deed recorded under
Collin: County Clerk's File 95-0097194
THENCE South 01 degree 38 minutes 35 seconds East 2006.60 feet to a 5/8 Inch
Iron rod found in the center of . County Road No. 78 at the Southwest corner of sold
called 27.4356 acre tract and the Southeast corner of the promises described
herein;
THENCE South 88 degrees 45 ' minutes 26 seconds West along., the approximate center
of sold CountyRood. No. 78 a distance of 1289.83 feet to the Place of BEGINNING
and containing 42,435 g. re of tangy! —
SURVEYOR'S CERTIFR;ArE
I do hereby certify that"_-) pla! )reon is an accurate representation of
the property as determh—J by o.. -on., the ground survey, subject to all
written and perscriptive_ easements which -affect some unless noted, the
lines and dimensions of `the property being as indicated and the size,
location and tYPe of permanent improvements are correctly shown, and
that EXCEPT AS SHOWN THERE ARE NO VISIBLE ENCROACHMENTS OR
PROTRUSIONS AND NO APPARENT OVERLAPS OR CONFLICTS.
DATE: JUNE 16; 2000
. ,�. OF Y
James E. Smith II JAMES E Sit
Registered ; 0
PROFESSIONI' 'NAND WEYOR 9
NO.,_AO - p 91 ?,6FS SAC
EXHIBIT B: for Z#
Statement of Intent and Purpose
It is the Intent of Red Group Developer Services to develop the subject 42.435
acres of property into single family residential lots.
EXHIBIT C: for Z#
Planned Development Standards
The purpose of this Planned Development District is to permit the development of
Rolling Hill Estates.
General Conditions:
1. The Planned Development District (PD) shall not affect any regulation
found within the Zoning Ordinance 84-16, as Amended, of the City of
Prosper as enacted, except as specifically provided herein.
2. All regulations of Single -Family Residence District - 2 (SF-2) set forth in
the Zoning Ordinance 84-16, as Amended, of the City of Prosper are
included herein by reference and shall apply except as provided below.
3. The overall density for the Planned Development District shall be a
maximum of one hundred seven (107) lots on approximately 42 acres.
Special Conditions:
1. The planned detention area will include a pedestrian trail with a minimum
of two water features that will be landscaped. The detention area will
accommodate water runoff from the adjacent property to the west and will
facilitate the amount of water as previously agreed upon by Sterling
Properties, Wayne Yarbrough and the Town of Prosper.
2. A real estate sales office will be allowed during the development and
marketing of the Planned Development.
3. Temporary buildings and uses incidental to construction work on the
premises will be allowed and shall be removed upon completion.
4. A minimum of eighty-five percent of the total exterior wall surfaces of all
main buildings shall have a finish of glass, stone, stucco, tile, brick, or
similar materials as approved by the City of Prosper or any combination
thereof. The use of wood as a primary exterior building material shall be
limited to a maximum of fifteen (15) percent of the total wall surface.
5. The residential areas will consist of single family, detached housing units
with the lots having frontage and access on public residential streets.
Building and area requirements are as follows:
a. The minimum area of the main building shall be one thousand eight
hundred (1800) square feet, exclusive of garages, breezeways and
porticos.
b. The minimum area of any lot shall be ten thousand (10,000) square
feet.
c. In no case shall more than forty-five (45) percent of the total lot
area be covered by the combined area of the main building and
accessory buildings. Swimming pools, spas, decks, patios,
driveways, walks, and other paved areas shall not be included in
determining maximum lot coverage.
d. The minimum width of any lot shall not be less than eighty (80) feet
at the building line, except lots at the terminus of a cul-de-sac or
along street elbows, eyebrows may have a minimum width of sixty
(60) feet; provided all other requirements of the section are filled.
e. The minimum lot depth shall be one hundred twenty (120) feet.
f. The minimum depth of the front yard shall be twenty-five (25) feet.
g. The minimum side yard shall be eight feet with a minimum
separation between dwelling units of sixteen (16) feet.
h. The minimum rear yard depth shall be twenty (20) feet.
Covered drives and porte-cocheres that are architecturally
designed as an integral element of the residential or garage
structure of the single family detached structures shall be permitted
to extend up to five (5) feet from the established front building line
into the front yard area.
j. Wood roof materials shall not be allowed.
k. Fences and privacy walls shall be set back a minimum of ten (10)
feet from the front elevation of the home. Maximum height of fences
and privacy walls shall be eight (8) feet.
I. The developer will establish a common mailbox design for the
subdivision.
m. Each residence will have, at a minimum, two (2) four (4) inch
caliper trees planted in the front yard. The tree types will be
selected form the following list:
Live Oak Cedar Elm
Red Oak Texas Ash
Pistachio Lace Bark Elm
Crepe Myrtle Pine
n. There shall be a minimum of one (1) two -car attached garage per
each single family dwelling. Garages, detached or attached, shall
be constructed with the same exterior materials as the residence.
o. The developer will save as many trees as possible.
6. Site screening and landscape design guidelines will be as follows:
a. CR78 shall have a masonry screening wall, ornamental metal fence
or living screen. A combination of all three shall be as follows:
i. Masonry screening walls shall be a minimum of six (6) feet
and a maximum of eight (8) feet in height. Minor columns
shall be a maximum of ten (10) feet on center. Major
columns shall be a maximum of sixty (60) feet on center.
ii. Ornamental metal fences shall be a minimum of six (6) feet
and a maximum of eight (8) feet in height. Major masonry
columns shall be utilized to terminate ornamental fences.
iii. Landscape screening shall be continuous. Shrubs shall be
five (5) gallon in size and planted no greater that thirty (30)
inches on center. A shrub and berm combination shall be
allowed.
b. CR78 shall be landscaped as follows:
Masonry screening walls shall be landscaped with a
minimum of one (1) three inch caliper canopy tree per every
one hundred (100) linear feet of frontage. A minimum of
fifteen (15) percent of the wall length will be landscaped with
shrubs.
ii. Ornamental metal fence shall be landscaped with a
minimum of one (1) three inch caliper canopy tree per every
one hundred (100) linear feet of frontage. A minimum of
twenty-five (25) percent of the ornamental fence length will
be landscaped with shrubs.
iii. Living screens shall be landscaped with a minimum of one
(1) three inch caliper canopy tree every one hundred (100)
linear feet of frontage. Trees may be grouped in clusters.
The landscape screen will be continuous and will utilize a
minimum of five (5) gallon plant material planted no more
than thirty (30) inches on center.
iv. Low berms with a maximum height of three (3) feet on no
more than a 4:1 slope will be allowed.
7. Landscape trees will be selected from the following list or other trees
acceptable to the Town of Prosper:
Live Oak
Red Oak
Pistachio
Crepe Myrtle
Bradford Pear
Cedar Elm
Texas Ash
Lace Bark Elm
Pine
Bald Cypress