09-120 - R TOWN OF PROSPER, TEXAS RESOLUTION NO. 09-120
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS; CONSENTING TO THE CREATION OF A
MUNICIPAL MANAGEMENT DISTRICT KNOWN AS PROSPER
MUNICIPAL MANAGEMENT DISTRICT NO. 1; APPOINTING FOUR
OF THE INITIAL DIRECTORS OF THE PROSPER MANAGEMENT
DISTRICT NO. 1 BOARD OF DIRECTORS; WHICH LIES WITHIN THE
CORPORATE LIMITS OF THE TOWN OF PROSPER.
WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council") has
received a petition from the owner of the majority of the value of property described in the
attached Exhibit "A" (the "Land") requesting that the Town Council consent to the creation of a
municipal management district encompassing the Land (the "Petition") to be known as Prosper
Municipal Management District No. 1 (the"District"); and
WHEREAS, the District was created pursuant to an Act of the 81 St Texas Legislature,
Regular Session 2009, Codified in Chapter 3886, Texas Special District Local Laws Code, and
under the terms and provisions of Article III, Sections 52 and 52a and Article XVI, Section 59 of
the Constitution of Texas (the "Act); and
WHEREAS, the Petition also requests that the Town appoint four (4) of the five (5)
initial directors to the Board of Directors of the District; and
WHEREAS, the Act authorizes the Town to appoint the fifth initial director to the Board
of Directors not later than the ninetieth(90th) day after the effective date of the Act; and
WHEREAS, the Town desires to consent to the creation of the District upon the terms
and conditions set forth in this Resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER,TEXAS:
Section 1. All of the matters and facts set out in the preamble hereof are true and
correct.
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Section 2. The Town Council hereby grants its consent to and the Town Mayor is
instructed to execute such additional documents, if any, as required to evidence the Town's
consent to the creation of Prosper Municipal Management District No. 1, pursuant to the Act,
encompassing the property described in the attached Exhibit"A", all of which property is located
within the corporate limits of the Town.
Section 3. The Town hereby appoints the following individuals to serve as the initial
directors on the District Board of Directors pursuant to the Act:
1. J. Tim Moore
2. Bret L. Pedigo
3. Nathan P. Bontke
4. Scott Ramsey
Section 4. In accordance with Section 3886.104 of the Act, the Board of Directors of
the District is not authorized to issue bonds, impose taxes, or borrow money until a development
agreement regarding the Property is executed by and between the Town and the District.
Section 5. That this Resolution shall take effect immediately from and after its passage
and is accordingly so resolved.
DULY RESOLVED by the Town Council of the Town of Prosper, Texas on the 22nd
day of September, 2009.
arles Niswanger, Mayor
ATTEST:
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Matthew Denton, TRMC ,4®%‘ p F PR ®®s®
Town Secretary e®® ..°e•..•.. O.RA B®
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EXHIBIT "A"
PROPERTY DESCRIPTION
The Prosper Management District No. 1 initially includes all the territory contained in the following area: BEING a
tract of land out of the C. SMITH SURVEY,Abstract No. 1681,the J.BATES SURVEY,Abstract No. 1620,the L.
SALING SURVEY, Abstract No. 1675, the H.P. SALING SURVEY, Abstract No. 1628, the M.E.P. & P.R.R.
SURVEY, Abstract No. 1476, the P. BARNES SURVEY, Abstract No. 79, the B. HADGES SURVEY, Abstract
No. 593, the A.B. JAMISON SURVEY, Abstract No. 672, and the J. MORTON SURVEY, Abstract No. 793, in
Denton County, Texas, and being part of the tract of land described in deed to Mahard 2003 Partnership, L.P.
recorded in Denton County Clerk's File No. 2004-0014698 of the Real Property Records of Denton County, Texas,
being all of the tract of land described in deed to Mahard Egg Farm, Inc.recorded in Volume 1936,Page 145 of the
Real Property Records of Denton County, Texas, being part of the tract of land described in deed to Mahard Egg
Farm, Inc.recorded in Volume 1332, Page 176 of the Real Property Records of Denton County, Texas,being all of
the tracts of land described in deed to Forest City Prosper,L.P. recorded in Denton County Clerk's File No. 2007-
144196 and 2008-9958 of the Real Property Records of Denton County, Texas, being all of the tracts of land
described in deed to Richard J. Bontke and Nathan P. Bontke recorded in Denton County Clerk's File No. 2007-
144901 and 2009-10359 of the Real Property Records of Denton County, Texas, and being more particularly
described as follows:
BEGINNING at a TXDOT monument found in the north right-of-way line of U.S. Highway No. 380, said
monument being the northeast corner of a tract of land described in deed to the State of Texas recorded in Volume
4769,Page 1768 of the Real Property Records of Denton County,Texas;
THENCE with said north right-of-way line,the following courses and distances to wit:
South 88°35'51"West,a distance of 3483.13 feet to a TXDOT monument found;
North 46°16'16" West, a distance of 113.97 feet to a point in the west line of Good Hope Road (no
dedication recordation found);
South 44°02'02"West,a distance of 114.30 feet to a TXDOT monument found;
South 88°35'51" West,a distance of 2062.12 feet to a 5/8" iron rod set for corner;
South 88°50'58"West,a distance of 100.00 feet to a 5/8"iron rod set for corner;
South 89°09'27"West,a distance of 22.39 feet to a 5/8" iron rod set for corner;
North 45°50'38" West, a distance of 111.42 feet to a pk nail set in the centerline of Gee Road (no
dedication recordation found);
THENCE with said centerline,North 00°01'02"West,a distance of 1114.87 feet to a pk nail set;
THENCE with the easterly most north line of a 106.26 acre tract of land described in deed to Judy Gee
recorded in Volume 3130, Page 794 of the Real Property Records of Denton County, Texas,part of the way, South
89°33'35"West,a distance of 1098.63 feet to a fence corner found;
THENCE along a fence, North 12°40'03" East, a distance of 2150.51 feet to a fence corner found for the
northwest corner of a 5.34 acre tract of land described in deed to Mahard Egg Farm, Inc. recorded in Volume 1936,
Page 145 of the Real Property Records of Denton County,Texas;
THENCE the following courses and distances to wit:
North 88°30'03"West,a distance of 451.90 feet to a 5/8" iron rod set for corner;
North 59°57'10"West,a distance of 66.21 feet to a 5/8" iron rod set for corner;
North 27°15'28"West,a distance of 207.89 feet to a 5/8" iron rod set for corner;
South 79°58'04"West,a distance of 116.69 feet to a 5/8" iron rod set for corner;
South 17°11'21"West,a distance of 12.96 feet to a 5/8" iron rod set for corner;
North 65°16'52" West, a distance of 66.04 feet to a 5/8" iron rod set for the northerly most corner of said
106.26 acre tract;
THENCE with the west lines of said 106.26 acre tract,the following courses and distances to wit:
South 31°55'38"West,a distance of 494.24 feet to a 5/8" iron rod set for corner;
South 57°52'02"East,a distance of 601.93 feet to a Corp of Engineers monument found;
South 31°24'02"West,a distance of 1854.30 feet to a Corp of Engineers monument found;
South 31°27'22" West, a distance of 302.61 feet to a 5/8" iron rod set for the northeast corner of a 0.78 acre
tract of land described in deed to the City of Irving recorded in Volume 4871, Page 5128 of the Real Property
Records of Denton County,Texas;
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THENCE the lines of said 0.78 acre tract,the following courses and distances to wit:
North 73°29'41"West,a distance of 241.29 feet to a 1/2" iron rod found for corner;
South 21°58'41"West,a distance of 181.00 feet to a 5/8" iron rod set for corner;
South 73°29'27"East,a distance of 67.00 feet to a 5/8" iron rod set for corner;
North 22°20'38"East,a distance of 41.52 feet to a 5/8" iron rod set for corner;
South 75°57'16"East, a distance of 152.12 feet to a 1/2" iron rod found in the west line of said 106.26 acre
tract;
THENCE with said west line and along a fence part of the way, South 31°27'22" West,a distance of 877.59
feet to a 5/8"iron rod set for corner in the north right-of-way line of said U.S.Highway No.380
THENCE with said north right-of-way line,North 88°48'55" West, a distance of 587.44 feet to a 5/8" iron
rod set for the southeast corner of a 61.2 acre tract of land described in deed to M.Taylor Hansel recorded in Denton
County Clerk's File No.94-R0091793 of the Real Property Records of Denton County,Texas;
THENCE with the east lines of said Hansel tract,the following courses and distances to wit:
North 08°56'O1"East,a distance of 240.78 feet to a 5/8" iron rod set for corner;
North 55°59'O1"East,a distance of 132.20 feet to a 5/8" iron rod set for corner;
South 20°18'O1"West,a distance of 155.70 feet to a 5/8" iron rod set for corner;
South 80°49'59"East,a distance of 88.40 feet to a 5/8" iron rod set for corner;
North 45°13'O1"East,a distance of 261.10 feet to a 5/8" iron rod set for corner;
South 62°15'59"East,a distance of 216.20 feet to a 5/8" iron rod set for corner;
North 15°04'O1"East,a distance of 184.70 feet to a 5/8"iron rod set for corner;
North 56°01'O1"East,a distance of 183.40 feet to a 5/8" iron rod set for corner;
North 18°07'O1"East,a distance of 197.90 feet to a 5/8" iron rod set for corner;
North 73°19'59" West, a distance of 688.80 feet to a Corp of Engineers monument found for the southeast
corner of a 107.57 acre tract of land described in deed to Fish Trap Properties,Ltd.,recorded in Volume 4626,Page
2922 of the Real Property Records of Denton County,Texas;
THENCE with the east lines of said 107.57 acre tract,the following courses and distances to wit:
North 29°02'03"East,a distance of 67.81 feet to a 5/8" iron rod set for corner;
North 22°04'26"East,a distance of 710.31 feet to a Corp of Engineers monument found;
North 33°00'31"East,a distance of 221.33 feet to a Corp of Engineers monument found;
North 58°30'15" West, a distance of 249.63 feet to a Corp of Engineers monument found for the southeast
corner of a 43.07 acre tract of land described in deed to Billy Jeter recorded in Volume 2125,Page 729 of the Real
Property Records of Denton County,Texas;
THENCE with the east lines of said 43.07 acre tract,the following courses and distances to wit:
North 07°55'24"East,a distance of 669.72 feet to a 5/8" iron rod set for corner;
South 75°24'16"East,a distance of 402.59 feet to a Corp of Engineers monument found;
North 19°28'37"West,a distance of 739.75 feet to a Corp of Engineers monument found;
North 35°34'O1"East,a distance of 531.05 feet to a Corp of Engineers monument found;
North 02°04'22" West, a distance of 172.83 feet to a fence post found in the south line of a 57.55 acre tract
of land described in deed to G&S Landscaping recorded in Volume 5114, Page 1398 of the Real Property Records
of Denton County,Texas;
THENCE with said south line, South 77°28'43" East, a distance of 553.04 feet to a Corp of Engineers
monument found;
THENCE with the east line of said 57.55 acre tract and the east line of two tracts of land described in deed
to Mary Weber recorded in Denton County Clerk's File No. 94-R0031655 of the Real Property Records of Denton
County,Texas,the following courses and distances to wit:
North 01°07'34"East,a distance of 278.92 feet to a 5/8"iron rod found;
North 01°04'49"East,a distance of 30.01 feet to the Centerline of Fishtrap Road(no dedication recordation
found)for corner;
THENCE along said centerline,the following courses and distances to wit:
South 88°36'42"East,a distance of 398.70 feet to a point for corner;
South 86°31'27"East,a distance of 681.51 feet to a point for corner;
South 84°57'13"East,a distance of 292.72 feet to a point for corner;
South 86°02'50"East,a distance of 1675.46 feet to a point for corner;
South 87°19'45"East,a distance of 207.56 feet to a point for corner;
North 89°20'49"East,a distance of 1052.20 feet to a point for corner in the centerline of Fishtrap Road and
the northwest corner of a tract of land described in deed to Judy Reeves ;
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THENCE with the west line of said Reeves tract, South 00°08'13" East, a distance of 231.70 feet to a 5/8"
iron rod set for corner;
THENCE with the south line of said Reeves tract,North 89°14'55"East, a distance of 940.90 feet to a 5/8"
iron rod set for corner;
THENCE with the east line of said Reeves tract, North 00°40'52" West, a distance of 234.76 point in the
centerline of said Fish Trap Road;
THENCE along the centerline of said FishTrap Road,North 89°04'04"East, a distance of 2699.77 feet to a
point for corner in the centerline of Fields Road;
THENCE along said centerline,the following courses and distances to wit:
South 00°06'17"East,a distance of 1284.05 feet to a 5/8" iron rod set for corner;
South 00°06'37"West,a distance of 1042.41 feet to a 5/8" iron rod set for corner;
THENCE leaving the centerline of said Fields Road, South 89°11'26" West, a distance of 21.20 feet to a
5/8"iron rod set in the west line of said Field Road;
THENCE with said west line,the following courses and distances to wit:
South 00°00'27"West,a distance of 1396.62 feet to a fence corner;
South 41°23'46" West, a distance of 87.55 feet to the POINT OF BEGINNING and containing 674.916
acres of land.
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