08-024 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 08-024
AN ORDINANCE PROVIDING FOR THE VOLUNTARY ANNEXATION OF A TRACT OF
LAND SITUATED IN THE C. SMITH SURVEY,ABSTRACT 1681,THE J. BATES SURVEY,
ABSTRACT NO. 1620, THE L. SALING SURVEY, ABSTRACT NO. 1675, THE H. P.
SURVEY, ABSTRACT NO. 1628, THE M.E.P. &. P. RR. 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,. THE. B.B.. :WALTON
SURVEY,ABSTRACT NO. 1369, THE T. BUTTON SURVEY, ABSTRACT NO. 88,THE P.R.
RUE SURVEY, ABSTRACT NO. 1555, THE J. TETTER SURVEY, ABSTRACT NO. 1262,
THE L. NETHERIL;Y SURVEY, ABSTRACT NO. 962, THE B. RUE SURVEY, ABSTRACT
NO. 1113, .THE A. ROBERTS SURVEY, ABSTRACT .NO.: 1115, IN DENTON COUNTY,
TEXAS, THE. R. YATES SURVEY; ABSTRACT. NO. 1538, THE L. RUE SURVEY,
ABSTRACT NO. 1110, THE H. RUE SURVEY, ABSTRACT NO. 1111, THE J. MORTON
SURVEY, ABSTRACT Na 793 IN DENTON, TEXAS, CONTAINING APPROXIMATELY
2093.387: ACRES OF LAND; 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
REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN
EFFECTIVE DATE OF THIS.ORDINANCE.
WHEREAS,the Town of Prosper ("Prosper")received a request from Forest City Land Group,
to annex a tract of land containing approximately 2093.387 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 all requisites relative to consideration and adoption of
this Ordinance have been complied with pursuant to Chapter 43,Local Government Code; 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 fmds that the Property the subject of this Ordinance is vacant
and without residents or fewer than three(3) qualified voters reside thereon; and
Page 1
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 fmds the public hearings were conducted on or after,the fortieth(40th) day .but before the .twentieth (20t') 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
prepared in compliance with law and was available for review and inspection by citizens;and
WHEREAS, the Town Council finds that all legal notices, hearings, procedures and publishing
requirements for annexation have been performed and completed in the manner and form set forth by
law.
NOW, THEREFORE, BE IT:ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER,TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the
body of this Ordinance as if fully set forth herein:
SECTION 2: .Property Annexed. The Property described in the attached Exhibit "A" and all
public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to
Prosper.
SECTION 3: Service Plan. The Service Plan for the Property is attached hereto as Exhibit
"B"and made a part hereof for all purposes.
SECTION 4: .Rights/Privileges/Bound by Ordinances and Regulations. 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 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 laws of the State of
Texas:
SECTION 5: .Official Map and Boundaries Amended. 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: 'Unlawful Use.: 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
Page 2
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: Savings/Repealing Clause. All provisions of any ordinance in conflict with this
Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any
pending prosecution for violation of the repealed ordinance,nor shall the repeal prevent a prosecution
from being commenced for any violation if occurring prior to the repeal of the ordinance. Any,
remaining portions of said ordinances shall remain in full force and effect.
SECTION 8: .Severability. Should any section, subsection, sentence, clause or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly
provided that any and all remaining portions of this Ordinance shall remain in full force and effect
Prosper hereby declares that it would have passed this Ordinance, and each section, subsection,clause
or phrase thereof irrespective of the fact that any one or more sections,subsections, sentences, clauses
and phrases be declared unconstitutional or invalid.
SECTION 9: Effective Date: This Ordinance shall become effective immediately upon its
passage.
PASSED AND APPROVED BY THE.TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS THIS 11TH DAY OF MARCH, 2008:
ES NISWANG MAYOR
ATTESTED TO AND
r " ` OF PREGo
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�.� ye7y .� �� . . "or4r 1.61%
ice:
• TTHEWD.-DENTON, TRMC v 4 r •n,
TOWN SECRETARY � 'dr o ti #
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44011000
Page 3
TOWN OF PROSPER,TEXAS
SERVICE PLAN FOR ANNEXED AREA
ANNEXATION ORDINANCE: NO. 08-024
DATE OF ANNEXATION.ORDINANCE: March 11,2008 .
ACREAGE ANNEXED: . Approximately 2093.387 acres
SURVEY,ABSTRACT&COUNTY: C. SMITH SURVEY, ABSTRACT 1681, THE J. BATES
SURVEY, ABSTRACT NO. 1620, THE L. SALING SURVEY,
ABSTRACT NO. 1675, THE H. P. SURVEY, ABSTRACT NO.
1628, THE.M.E.P. & P. RR SURVEY,ABSTRACT NO. 1476,
THE P. BARNES SURVEY, ABSTRACT Na 79, THE B.
BADGES SURVEY, ABSTRACT NO. 593, THE A. B.
JAMISON SURVEY, ABSTRACT NO. 672, .THE B.B.
WALTON SURVEY, ABSTRACT NO. 1369,THE T. BUTTON
SURVEY, ABSTRACT NO. 88, THE P.R. RUE SURVEY,
• ABSTRACT NO. 1555,THE J.TETTER SURVEY,ABSTRACT
NO. 1262,THE L.NETHERLY SURVEY,ABSTRACT NO.962,
THE. B. RUE SURVEY, ABSTRACT NO. 1113, THE A.
ROBERTS SURVEY, ABSTRACT NO. 1115, IN DENTON
COUNTY,TEXAS,THE R.YATES SURVEY,ABSTRACT NO.
1538, THE L. RUE SURVEY, ABSTRACT NO. 1110, THE H. . .
RUE SURVEY, ABSTRACT NO.. 1111, THE J. MORTON
SURVEY,ABSTRACT NO.793,Denton County
CURRENT PROPERTY OWNER: Forest City Land Group
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 UPON THE
EFFECTIVE DATE OF THE ANNEXATION ORDINANCE:
2. 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 UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE.
2. 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
1. 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.
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 UPON 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
UPON 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.
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 .UPON 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.
THIS PROPERTY WILL BE INCLIDED IN ALL FUTURE PLANS FOR PROVIDING PARKS AND
RECREATION SERVICES TO THE TOWN.
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
1. SOLID WASTE COLLECTION SHALL BE PROVIDED TO THE PROPERTY IN ACCORDANCE WITH
EXISTING TOWN POLICIES, BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION
ORDINANCE. RESIDENTS OR COMMERCIAL USERS OF THIS PROPERTY UTILIZING PRIVATE
COLLECTION SERVICES AT THE TIME OF ANNEXATION MAY CONTINUE TO DO SO IN LIEU OF
RECEIVINH CITY SERVICES'UNTIL THE'SECOND ANNIVERSARY OF THE EFFECTIVE DATE OF
THIS ORDINANCE.
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:
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 UPON THE EFFECTIVE DATE OF 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 %) 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 UPON 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. SANITARY SEWER SERVICES
1. CONNECTIONS TO EXISTING TOWN SANITARY SEWER MAINS FOR SANITARY SEWAGE
SERVICE IN THIS AREA WILL BE PROVIDED IN.ACCORDANCE WITH EXISTING TOWN
POLICIES. UPON CONNECTION, SANITARY SEWAGE SERVICE WILL BE PROVIDED AT RATES
ESTABLISHED BY TOWN ORDINANCES FOR SUCH SERVICE THROUGHOUT THE TOWN.
2. SANITARY SEWAGE MAINS AND/OR LIFT STATIONS INSTALLED OR IMPROVED TO TOWN
STANDARDS, LOCATED IN APPROVED DEDICATED EASEMENTS, AND WHICH ARE WITHIN
THE ANNEXED AREA AND.ARE CONNECTED TO TOWN MAINS WILL BE MAINTAINED BY THE
TOWN BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. PRIVATE
SEWER LINES SHALL.BE MAINTAINED BY THE OWNERS THEREOF IN ACCORDANCE WITH
EXISTING TOWN POLICIES,PRACTICES AND REGULATIONS.
3. AS.DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS AREA, SANITARY SEWER
MAINS OF THE TOWN WILL BE EXTENDED IN ACCORDANCE WITH PROVISIONS OF THE
SUBDIVISION ORDINANCE AND OTHER APPLICABLE TOWN ORDINANCES AND
REGULATIONS. TOWN PARTICIPATION IN THE COSTS OF THE EXTENSIONS SHALL BE IN
ACCORDANCE WITH APPLICABLE ' TOWN ORDINANCES AND REGULATIONS. SUCH
EXTENSIONS WILL BE COMMENCED WITHIN TWO AND ONE-HALF (2 1/2) YEARS FROM THE
EFFECTIVE DATE OF THE ANNEXATION ORDINANCE, UNLESS THE SERVICES CANNOT BE
REASONABLY PROVIDED IN. THAT PERIOD, THEN.TOWN SHALL PROPOSE .A SERVICE
SCHEDULE TO PROVIDE.FOR THE PROVISION OF THE SERVICES WITHIN FOUR AND ONE-
HALF(4-1/2)YEARS AFTER THAT DATE.
J. MISCELLANEOUS .
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 UPON 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 UPON THE EFFECTIVE DATE OF
THE ANNEXATION ORDINANCE.
3. NOTWITHSTANDING ANYTHING SET FORT ABOVE,.THIS SERVICE PLAN DOES NOT REQUIRE
ALL TOWN SERVICES BE PROVIDED AS SETFORTH ABOVE IF DIFFERENTCHARACTERISTICS
OF TOPOGRAPHY; LAND USE AND POPULATION'DENSITY ARE CONSIDERED A SUFFICIENT
BASIS FOR PROVIDING DIFFERENT LEVELS OF SERVICE.
4. THE SERVICE PLAN IS VALID FOR TEN (10) YEARS FROM THE EFFECTIVE DATE OF THE
ORDINANCE.
Annexation Petition
TO THE MAYOR AND GOVERNING BODY OF THE TOWN OF PROSPER,TEXAS
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 Town limits so as to include as a part
of the Town of Prosper,Texas,the following described territory,to wit:
Description of the territory to be annexed by metes and bounds: See attached legal description.
I(We)certify that the above described tract of land is contiguous to the Town of Prosper,Texas,is not more than one-half(1/2)
mile in width and that this petition is signed and duly acknowledged by each and every person or corporation having an interest
in said land.
Forest City Prosper Limited Partnership,a Texas limited partnership
By: FC Prosper Partner,Inc.,a Texas corporation,its General Partner
,--,,,C Z%-t.te .
David R.Blom,Authorized Agent
THE STATE OF TEXAS
COUNTY OF o LL/iJ Before me,the undersigned authority,on this day personally appeared 14 V i /\.Q
c.)m 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 /(T/-7 day of c_e c-7n-),(S'Lri ,20 p 7
(SEAL) a G2
Not Publi n f the State o Texas
as`�nYFP' KATHRYN L. HONAKER
Notary Expires: :''..'',"�`','r. Notary Public,State of Texas
N:%S:N� My Commission Expires
�'1..?,••a ,�. November 08,2011
FC Prosper Partner,Inc.,a Texas corp r• •
/1---- ,e/ -07.1,C,
David R.Blom,Authorized Agent
THE STATE OFjTv XAS
COUNTY OF ( o c z-'N
Before me,the undersigned authority,on this day personally appeared,/FJV/,e) e SU -o/)'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 /6 T7/ day of N. e-d E777/S'G ,20 0 7.
(SEAL) wt—
Not Publi or a State of Texas
Notary Expires: "RlF14' KATHRYN L. HONAKER
a, Notary Public,State of Texas
;�,� }.= My Commission Expires
�1,/Oi' � November 08,2011
i
Annexation Petition
TO THE MAYOR AND GOVERNING BODY OF THE TOWN OF PROSPER,TEXAS
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 Town limits so as to include as a part
of the Town of Prosper,Texas,the following described territory,to wit: •
Description of the territory to be annexed by metes and bounds: See attached legal description.
I(We)certify that the above described tract of land is contiguous to the Town of Prosper,Texas,is not more than one-half(1/2)
mile in width and that this petition is signed and duly acknowledged by each and every person or corporation having an interest •
in said land.
0
Nathan P.Bontice
THE STATE O -i XAS
COUNTY OF \Q,
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. y_
Given under my hand and seal of office,this � �ti day of C) e CAA ,. ,20 Oil
(SEAL) •
fa RRI HODGES
Notary Public in and for e tate of exas t.� +� MY COMMISSION EXPIRES
Notary Expires:
ichard J.Bontke
THE STATE 0E4EXAS
COUNTY OF Nomrsa �'
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 game for the
purposes and consideration therein expressed.
Given under my hand and seal of office,this \o\V`day of J-tQ /yv .VA ,20 di.
(SEAL) � �
Notary Public in and�or the tate of xas
?o'" °'`, SHERRI HODGES
Notary Expires: SIGN EXPIRES
5�', sJUNE 13,2010
Annexation Petition
TO THE MAYOR AND GOVERNING BODY OF THE TOWN OF PROSPER,TEXAS
The undersigned owner(s)of the hereinafter described tract of land,which is vacant and without residents,or on which less than
three(3)gnalified voters reside,hereby petition your honorable body to extend the present Town limits so as to include as a part
of the Town of Prosper,Texas,the following described territory,to wit
Description of the territory to be annexed by metes and bounds: See attached.legal-description.
I(We)certify that the above described tract of land is contiguous to the Town of Prosper,Texas,is not more than one-half(I/2).
mile in width and that this petition is signed and duly acknowledged by each and every person or corporation having an interest
in said land.
The-Mallard.2003 Partnership,L.P.,a Texas limited partnership
By: Mahard Pullet Farms,Inc.,a Texas corporation,its General:Partner
e..72,2„„4.17..",..04 01....6r- -""4-e..eil-....^
st A.Mahard,Jr.,President
THE STATE OF TEXAS
COUNTY OF
Before me,the undersigned authority,on this day personally appeared .1j4,L.c40 li,known to me to be the
person whose name is subscribed to the foregoing instrument and acknowledged to me that he or are executed the same for the
purposes and consideration therein expressed.
Given-under my hand and seal of office,this. /49�L day of / .... ,-2-0-D 7
(SEAL) 9Ve—i-trr
—J
Notary Publicin d for the State of T xas
��.o;a'?.ti, MARGO S BAXTER
�'�1 Notary Public,State of Texas Notary Expires: q-. a - .1-0/0
N, I"4,i My Commission Expires
, ��/14��111111�Orig:t4. September 22,2010
Mahard-Egg Farm,Inc.,a Texas corporation
-_ sc2
est A.Mi��ara, r.,Prewsi t
---01- --
COUNTY OF o�A ""
COUNTY OF IG
Before me,the undersigned authority,on this day personally appeared AU , jmown to me to be the
person whose name is subscribed to the foregoing instrument and acknowledged to me that he or a executed the same for the
purposes and consideration therein expressed.
Given under my-hand and seal of office,this /9,,Ztiday of-01 L...r.., ,20 Q
(SEAL) _./2_,„..size.......7
• ' hiNotaryhc in aufl for the State of Texas
`io,�JC�% MARGO S BAXTER
E Notary Public,State of Texas Notary Expires: 9i -- a-o 40
�., :� My Commission Expires
"4, September 22,2010
ANNEXATION CHECKLIST
PROVIDE COMPLETED CHECKLIST SIGNED BY PREPARER WITH APPLICATION
Application petition and a$250.00 application fee shall be accompanied by the following materials:
A legal description (metes and bounds) of the property to be annexed on 8 1/2" x 11" paper titled as "Exhibit A" and
)ealed and signed by a surveyor.
/ Three 24"x 36",three 11"x 17",and three 8!z"x 11"copies of an annexation exhibit(Exhibit A)containing the following
information:
• Title block located in lower right corner (titled as Exhibit A) with subdivision name or survey name and abstract
number,tract number,acreage,and preparation date
• Names,addresses,and phone numbers of owner,applicant, and surveyor
• The legal description (metes and bounds) of the area within the annexation request shall be inlcuded on the
annexation exhibit and sealed and signed by a surveyor.
• North arrow,scale,and location/vicinity map
• Property boundary and dimensions
• Adjacent streets with names
• Distance to nearest cross street
Preparers Signature /MAL")
18
,
II,
. ,
2008 Annexation Schedule
Notices Posted on
Annexation Petition Annexation
Mail Annexation Formal Acceptance Newspaper Website and
and Associated Deadline for 1st& 1st Public Hearing 2nd Public Hearing Ordinance
Letters to Service of Annexation Published in
Materials submitted Providers and other Petition by Town 2nd Public Newspaper for 1st by Town Council by Town Council at considered by
to Town Secretary mandatory entities Council at 7:00pm Hearing Notices at and 2nd Public at 7:00pm 7:00pm Town Council at
by 12:00pm 3:00pm Hearings 7:00pm
Monday Friday Tuesday Wednesday Monday Tuesday Tuesday Tuesday
11/05/07 11/16/07 11/27/07 - 12/5/07 12/10/07 1/8/08 1/22/08 2/12/08
---- 12/17/07- V 12/28/07 - 1/8/08 - 1/16/08 _ - 1/21/08- 2/1 08 2/ /08 - 3/11/08 -
1/7/08 1/18/08 2/12/08 2/13/08 2/18/08 3/11/08 3/25/08 4/8/08
2/4/08 2/15/08 3/11/08 3/12/08 3/17/08 4/8/08 4/22/08 5/13/08
3/3/08 3/14/08 4/8/08 4/16/08 4/21/08 5/13/08 5/27/08 6/10/08
4/7/08 4/18/07 5/13/08 5/14/08 5/19/08 6/10/08 6/24/08 7/8/08
5/5/08 5/16/08 6/10/08 6/11/08 6/16/08 7/8/08 7/22/08 8/12/08
6/2/08 6/13/08 7/8/08 7/16/08 7/21/08 8/12/08 8/26/08 9/9/08
7/7/08 7/18/08 8/12/08 8/13/08 8/18/08 9/9/08 9/23/08 10/14/08
8/4/08 8/15/08 9/9/08 9/17/08 9/22/08 10/14/08 10/28/08 11/11/08
9/8/08 9/19/08 10/14/08 10/15/08 10/20/08 11/11/08 11/25/08 12/09/08
10/6/08 10/17/08 11/11/08 11/12/08 11/17/08 12/9/08 12/23/08 1/13/09
11/3/08 11/14/08 12/9/08 12/17/08 12/22/08 1/13/09 1/27/09 2/10/09.
12/8/08 12/19/08 1/13/09 1/14/09 1/19/09 2/10/09 2/24/09 3/9/09
NOTE: Should the Town Council change any of their meeting dates or the DMN change their publication deadlines,dates are subject to change.
12
Save&Except
A portion of Tract 3
Mahard 2003 Partnership, L.P.
Being all of that certain lot, tract or parcel of land located in the B. Rue Survey, Abstract No.
1113, Denton County, Texas, and being a portion of a called 76 acre tract of land described as
Tract Three in deed to Mahard 2003 Partnership, L.P., recorded in County Clerks File No. 2004
0050900, Real Property Records, Denton County, Texas, and being more particularly described
as follows:
Beginning at a 5/8" iron rod found at an ell corner in the south.line of a called 100 acre tract of
land described in deed to Bruce Jackson, et al, recorded in Volume 4910, Page 2975, Real
Property.Records, Denton County,Texas, same being the northwest corner of said Mahard 2003
Partnership, L.P. tract;
THENCE North 89°42'25° East, along the north line of said Mahard 2003 Partnership, L.P. tract
and passing at a distance of 583.33 feet the common southerncorner of said Bruce Jackson, et
al tract and a called 134.58 acre tract of land described in deed to Little Elm Ranch Corporation,
recorded in Volume 5416,. Page 3334, Real Property Records, Denton County, Texas, passing
again at a distance of 834.26 feet the common southern corner of said Little Elm Ranch
Corporation tract,and a tract of land described in deed to Salvador Buentello, recorded in Volume
2633, .Page 648, Real:Property Records, Denton County, Texas, and continuing for a total
distance of 1,545.14 feet to a 5/8" iron rod found for corner in the present.centerline of Parvin
Road(no record of dedication found)at the beginning of a non-tangent curve to the left, having a
radius of 1,206.88 feet, a central angle of 19°32'21", and a chord bearing and distance of South
58°53'46"West,409.58 feet;
THENCE in a southwesterly direction, along the present centerline of said Parvin Road and
passing through said Mahard 2003 Partnership, L.P., tract the following five (5) courses and
distances: .
1) Along said non-tangent curve to the left,an arc length of 411.57 feet;
2) South 49°04'47° West, a distance of 322.13 feet to the beginning of a curve to the
right, having a radius of 355.51 feet, a central angle of 34°57'47", and a chord
bearing and distance of South 71°08'48°West,213.59 feet;
3) Along said curve to the right,an arc length of 216.94 feet; .
4) South 88°37'42" West, a distance of 557.23 feet to the beginning of a curve to the
left, having a radius of 410.55 feet,a central angle.of 27°36'35°, and a chord bearing
and distance of South 75°08'34"West, 195.93 feet
5) Along said curve to the left, an arc length of 197.83 feet to the east line of Good
Hope.Road (no record of dedication found), same being the most southerly southeast
corner of said Bruce Jackson,et al tract
THENCE North 00°15'22' West, along the most southerly east line of said Bruce Jackson, et al
tract, a distance of 547.29 feet to the Place of Beginning and containing 575,223 square feet or
13.205 acres of land.
Exhibit A-1
LEGAL DESCRIPTION
2106.592 ACRES
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. RR SURVEY, Abstract No. 1476, P. BARNES SURVEY,.Abstract No.79,the B. HADGES SURVEY,Abstract
No. 593,the A.B. JAMISON SURVEY,Abstract No. 672, the B.B. WALTON SURVEY, Abstract No. 1369, the T.
BUTTON SURVEY, Abstract No. 88, the P.R. RUE SURVEY, Abstract No. 1555, the J.TETTER SURVEY,
Abstract No. 1262, the L NETHERLY SURVEY, Abstract No. 962, the B. RUE SURVEY, Abstract No. 1113, the
A. ROBERTS SURVEY, Abstract No. 1115, in Denton County,Texas, the R. YATES SURVEY, Abstract No.
1538, the L. RUE:SURVEY, Abstract No. 1110, the H. RUE SURVEY, Abstract No. 1111, the J. MORTON
SURVEY,Abstract No. 793, in Denton County, Texas, being all of the tract of land described in deed to Mahard.
2003 Partnership, L.P. recorded in Denton County Clerk's File No. 2004-0063826 of the Real Property Records
of Denton County,Texas, being all of the tract of land described in deed to Mahard 2003 Partnership, L.P.
recorded in Denton County Clerk's File No. 20041-0024459 of the Real Property Records of Denton County,
Texas, being part of the tract of land described in deed to Mahard 2003 Partnership, L.P. recorded in Denton
County Clerk's File No. 2004-0014699 of the Real Property Records of Denton County, Texas, being all of the'
tract of land described In deed to Mahard 2003 Partnership, L.F. 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 2003 Partnership, L.P. recorded in'Denton County Clerk's File No. 2005-0014700 of the Real
Property Records of Denton County,Texas, being all of the tract of land described in deed to Mahard 2003
Partnership, L.P. recorded In Denton County Clerk's File No. 2004-0046720 of the Real Property Records of
Denton County,Texas, being all of the tract of land described in deed to.Mahard 2003 Partnership, L.P. recorded
In Denton County Clerk's File No. 2004-0024462 of the Real Property Records of Denton County,Texas, belnf
all of the tract of land described in deed to Mahard 2003 Partnership, L.P. recorded in Denton County Clerk's File
No. 2004-0024458 of the Real Property Records of Denton County,Texas, being all of the tract of land described
in deed to Mahard 2003 Partnership, L.P. recorded in Denton County Clerk's File No. 2004-0050900 of the Real
Property Records of Denton County,Texas, being all of the tract of land described in deed to Mahard Egg FaEm,
Inc. recordE6 in Volume 1936, Page 145 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.1618,-Page 329 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 547, Page 394 of the Deed 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 tract of land described in deed to Mahard Egg Farm, Inc. .
recorded In Volume 779, Page 665 of the Deed Records of Denton County,Texas, being all of the tract of land
described in deed to Ernest Mahard recorded in Volume 1938, Page 931 of the Real Property Records of Der.tori
County,Texas being all of the tract of land described in deed to Mahard Egg Farm, Inc. recorded in Volume 1 i49,
Page 500 of the Deed 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 83.68 feet to a fence post In the east line of Good Hope Road (no
dedication recordation found);
THENCE with said east line and along a fence, North 00°25'46"West, a distance of 1453.36 feet to a fence
corner found In the south line of a 25.44 acre tract of land described in deed to Nathan Goodlet recorded in
Volume 3329, Page 825 of the Real Property Records of Denton County,Texas;
THENCE with said south line, North 88°56'49" East, a distance of 1435.64 feet to a 3/8" Iron rod found for comer;
THENCE with the east line of said 25.44 acre tract, North 00°30'13"West, a distance of 819.11 feet to a 1/2"iron
rod found for corner;
THENCE with the north line of said 25.44 acre tract, South 89°35'17"West, a distance of 1430.32 feet to,a 5/8"
iron rod set with a plastic cap stamped"KHA" (hereinafter called 5/8" iron rod set)for corner in the east line of.
said Good Hope Road:
THENCE with said east line,.North00°08'13"West, a distance of 1236.96 feet to a fence corner in the south line
of a tract of land described In deed to Judy Reeves;
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 197.22,feet.,to a 1/2" iron rod
- found for corner In the south line of Fish Trap Road (no dedication recordation found);
THENCE with said south line, North 88°59'28" East, a distance of 815.80 feet to a 1/2" iron rod found for corner;
THENCE leaving said south line, North 00°06'59"West, a distance of 36.44 feet to a pk nail found in the
centerline of said Fish Trap Road;
THENCE along the centerline of said Fish Trap Road, South 89°04'04"West, a distance of 1776.99 feet to a pk
nail set for the intersection of the centerline of said Fish Trap Road and the centerline of said Good Hope Road;
THENCE along the centerline of said Good Hope Road, South 00°15'35" East, a distance of 3735.79 feet to a pk
nail set in the north right-of-way line of said U.S. Highway No. 380;
THENCE with said north right-of-way line, the following courses and distances to wit:
South 44°02'02"West, a distance of 114.60 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 comer,
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 of215051 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 518" 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; .
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 112" 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°56'01"East, a distance of 240.78 feet to a 5/8" iron rod set for corner;
North 55°59'01"East,a distance of 132.20 feet to a 5/8" iron rod set for corner;
South 20°18'01"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°13'01" 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°04'01" East, a distance of 184.70 feet to a 5/8" iron rod set for corner;
North 56°01'01" East, a distance of 183.40 feet to a 5/8" iron rod set for corner;
North 18 07 01 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°34'01"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 510.59 feet to a Corp of Engineers monument found;
North 00°57'07"West, a distance of 149.86 feet to a Corp of Engineers monument found;
North 00°06'44" East, a distance of 1393.34 feet to a 1/2" iron rod found for corner;
North 89°49'12"West, a distance of 505.03 feet to a fence corner found in the east line of a 58.44 acre tract
of land described In deed to Benny Nobles recorded in Volume 2299, Page 94 of the Real Property
Records of Denton County, Texas;
THENCE with said east line, North 00°50'11"West, a distance of 810.75 feet to a fence corner found in the south
line of a 99.5 acre tract of land described in deed to Rue Family Trust recorded in Volume 5032, Page 3961 of
the Real Property Records of Denton County, Texas;
THENCE with the south and east lines of said 99.5 acre tract and the south line of a 90 acre tract of land
described in deed to Rue Family Trust recorded in Volume 5032, Page 3961 of the Real Property Records of
Denton County,Texas the following courses and distances to wit:
North 89°17'21" East, a distance of 1389.64 feet to a 5/8" iron rod set for corner;
North 03°32'47"West, a distance of 929.90 feet to a 5/8" iron rod set for corner;
South 85°47'35"West, a distance of 228.77 feet to a 1/2"iron rod found for corner;
North 02°06'10" East, a distance of 1767.38 feet to a 3/8" iron rod found for corner;
South 88°23'11" East, a distance of 1111.78 feet to a 5/8" iron rod set for in the west line of a 319.00 acre
tract of land described in deed to Sammy Carey recorded in Volume 2336, Page 5411 of the Real P roperty
Records of Denton County, Texas;
THENCE with said west line, South 00°10'32" West, a distance of 125.32 feet to a 5/8" iron rod set for corner;
THENCE with the south line of said 319.00 acre tract and the south line of a 5 acre tract of land described in
deed to M.B.Allen recorded in Volume 375, Page 395 of the Deed Records of Denton County,Texas, North
86'58'42" East, a distance of 2644.03 feet to a 1/2" iron rod found in the centerline of said Good Hope Road;
THEW;E along said centerline, North 00°48'31"West, a distance of 992.40 feet to a 1/2"iron rod found for
corner;
THENCE with the south line of the tract of land described in deed to the.Good Hope Church and continuing along
Good Hope Road, South 89°38'27" East, a distance of 457.50 feet to a 5/8" iron rod set in the east line of said
Good Hope Road;
THENL:E with the east line of said Good Hope Road, the following courses and distances to wit:
North 01°47'00"West, a distance of 935.34 feet to a 5/8" Iron rod set for corner;
North 00°15'22"West, a distance of 1726.79 feet to a 5/8" iron rod set for an ell corner in the south line of a
100 acre tract of land described in deed to Bruce Jackson recorded in Volume 4910, Page 2975 of the Real
Pioperty Records of Denton County, Texas;
THENCE with the south line of said 100 acre tract, the south Line of a 134.58 acre tract of land described In deed
to Little Elm Ranch Corporation recorded In Volume 5416, Page 3334 of the Real Property Records of Denton
County, Texas, and the south line of a tract of land described in deed to Salvador Buentello recorded In Volume
2633, Page 648 of the Real Property Records of Denton County, Texas, North 89°42'25"East, a distance of
1545.14 feet to a 5/8 iron rod set in the centerline of a Parvin Road (no dedication recordation found);
THENCE along said centerline and with the south line of said Buentello tract, the following courses and distances
to wit
North 70°58'34" East, a distance of 76.26 feet to a 5/8" iron rod set for corner;
North 74°05'38" East, a distance of 206.69 feet to a 5/8" iron rod set for corner;
North 77°25'29" East, a distance of 112.34 feet to a 1/2" iron rod found for corner;
North 01°25'12" East, a distance of 17.04 feet to a 5/8"iron rod set for corner;
THENCE continuing along said centerline,the south line of said Buentello tract, the south line of a 1.75 acre tract
of land described in deed to Donna Jackson recorded in Denton County Clerk's File No. 2004-0086324 of the
Real Property Records of Denton County, Texas, the south line of a 2.5 acre and 14.87 acre tracts of land
described in deed to Jose Gutierrez recorded in Denton County Clerk's File No. 2004-0139581 of the Real
Property Records of Denton County, Texas, and the south line of a 15 acre tract of land described in deed to
William Kramer, the following courses and distances to wit: •
North 89°08'54"East, a distance of 1300.08 feet to a 1/2"iron rod found for corner;
North 89°07'58" East, a distance of 3455.35 feet to a 1/2" iron rod found for the northwest corner of a 100
acre tract of land described in deed to RH-TWO, LP recorded in Denton County Clerk's File No. •
2004-0086307 of the Real Property Records of Denton County,Texas;
THENCE with the west line of said 100 acre tract, South 00°40'06" West, a distance of 2809.18 feet to a 1/2" iron
rod found in the centerline of Prosper Road (no dedication recordation found);
THENCE with said centerline, South 89°24'09"West, a distance of 3412.04 feet to a 1/2" iron rod found for
corner;
THENCE leaving said centerline, North 00°12'44" West, a distance of 16.61 feet to a 5/8" iron rod set in the north
line of said Prosper Road;
THENCE with said north line, South 89°49'30"West, a distance of 298.97 feet to a 5/8" Iron rod set in the east
line of a 5 acre tract of land described in deed to Curtis McDaniel recorded in Volume 354, Page 271 of the Deed
Records of Denton County,Texas;
THENCE with the lines of the remainder of said 5 acre tract, the following courses and distances to wit:
North 00°15'22" East, a distance of 214.38 feet to a 5/8"iron rod set for corner;
South 89°47'16"West, a distance of 318.73 feet to a 5/8" iron rod set for corner;
South 33°13'36" East, a distance of 218.94 feet to a 5/8" iron rod set for corner;
South 72°26'17"East, a distance of 198.56 feet to a 5/8" iron rod set in the centerline of Fields Road(no
dedication recordation found);
THENCE along said centerline, t ..e following courses and distances to wit:
South 00°02'02"West, a distance of 1534.38 feet to a 5/8" iron rod set for corner;
South 00°08'41" East, a distance of 1196.19 feet to a 1/2" iron rod found for corner, •
South 00°19'01" East, a distance of 1051.65 feet to a 1/2" iron rod found for corner;
South 00°46'08"West, a distance of 705.12 feet to a 5/8" iron rod set for corner;
South 20°37'31" East, a distance of 96.22 feet to a 5/8" iron rod set for corner;
South 28°15'33" East, a distance of 189.49 feet to a 3/8" iron rod found for corner;
South 02°06'04" East, a distance of 1803.07 feet to a 1" Iron rod found for corner;
South 00°06'17" East, a distance of 1284.69 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 o'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 dis:•ante of 1396.62 feet to a fence corner;
South 41°23'46'West, a disance of 87.55 feet to the POINT OF BEGINNING and containing 2106.592
• acres of land.
Bearing system based North Cenral Zone of the Texas State Plane Coordinate System.
JUKVCTU:W l+�C J �Nli.:ti
To: Mahard 2003 Partnership, L.P.
Mahard Egg Farm, Inc.
Ernest Mahard,Jr.
Forest City Residential C-roup, Inc.
Chicago Title Insurance Company GF#699354-M
This is to certify to Buyei-, Seller, Lender and Title Insurer that this map or plat and the
s'trvey on which it is based were made in accordance with to a Category 1A, Condition III
Survey in accordance to the current Manual of Practice for Land Surveying in the State of
Texas, published by the Texas Society of Professional Surveyors (TSPS)er: d in effect on
the date of this certification. The undersigned further certifies to Buyer, Seller, Lender and
Title Insurer that(a) this survey is true and correct and was made on the ground under my
supervision as per the field notes shown hereon and correctly shows the boundary lines
and dimensions and area of the.land indicated hereon and each individual parcel thereof
indicated hereon; (b) all monuments shown hereon actually exist, and the location, size •
and type of such.monur.:::::s are correctly shown; (c)the subject Property described in
this survey is the same.land as described in the title commitment described below; (d)this -
survey and the informat•)n, courses and distanced shown on the survey are correct; (e)
this survey correctly shows the size, location and type of all buildings, structures, other _
improvements and visible items on the subject Property that is within 25 feet of the
boundary line and that a!! buildings are from aerial photos; (f)this.survey correctly shows
the location and dimensons of.all alleys, streets, roads, rights-of-way, easements, building
setback lines and other matters of record of which the undersigned has been advised
affecting the subject Property according to the legal description in such easements and
other matters (with instrument, book, and page number indicated); (g) except as shown,
there are no visible (1) easements, rights-of-way, party walls, discrepancies or conflicts, (2)
party walls or encroachments onto adjoining premises, streets, or alleys by any of said
buildings or structures, (3)encroachments onto the subject Property by buildings,
structures, or other improvements on adjoining premises, or (h) the subject Property is
adjacent to a dedicated public street or road as shown hereon; (i) if the subject Property
consists of two or more parcels having common boundaries, those parcels are contiguous
along the common boundaries; (j)except as shown, no part of the.Property is located in a
100-year Flood Plain or in an identified "flood prone area,"as defined pursuant to the
Flood Disaster Protection Act of 1973, as amended, as reflected by Flood Insurance Rate
Panel#48121 C0410 E and 48121C0430 E dated April 2, 1997, which such map panel
covers the area in which the Property is situated and this survey correctly indicates the
zone designation of any area as being In the 100-year Flood Plain or"flood prone area";
(k)the record description of the subject Property forms a mathematically closed figure; and
The undersigned has received and examined a copy of the Title Insurance Commitment
• No.44-903-90-699354,GF No. 699354-M issued by Title Insurer for the Property as well
as a copy of each instrument listed therein, and the location of any matter shown thereon,
to the extent it can be located, has been shown on this survey.
Only improvements with 25 feet of the perimeter boundary was field verified. Internal strcrctures
shown from 2004 aerial photograph.
Survey Date: July, 2005
Visibily inspected July 13, 2006 F-
Dana Brown, R.P.L.S. #5336 ��•' os
KIMLEY-HORN AND ASSOCIATES, INC. sF:
9300 Wade Boulevard, Suite 320 ' tl A BROWN
•
Frisco, Texas 75035
Phone: (972) 335-3580 ,•0•P
5336 �,•
�P. •
Fax: (972) 335-3779 �9 °• FESS\°:
^u SURN y
•
ExhibitA-2
DESCRIPTION — TRACT ONE
A tract of land situated within the J. Bates Survey, Abstract Number 1620, Denton
County, Texas and being the same tract of land as conveyed to Nathan Goodlet. et ux by a
deed filed for record .in Volume 3329 at Page 820 of the Deed Records_ of Denton County.
Texas. Said tract of land being more particularly described by metes and bounds as
follows:
Beginning at a 5/8" rebor with a cap marked "KHA" found on the monumented East
right—of—way line of Good Hope Road, for the common West..corner of the tract of land
herein described and a called 100.00 acre tract of land conveyed to E. Mahard, Jr: by a-
deed filed: for record at County Clerk's. Instrument Number 93—R0049966 of the Deed
Records of Denton County, Texas;
Thence N:00'20'14" W, along the aforementioned' monumented East right—of—way
line, 388.18 feet to -a 1/2" rebar in concrete 'found for a common corner of the tract of land
herein described and a called 0.507 acre tract:of land conveyed to N. J. Goodlet. et ux by
a deed filed for record in Volume 1230 at Page 351 of the Deed Records of Denton
County, Texas;
Thence .N 86'19'09 E,' along the common boundary line of the tract of land herein
described and the aforementioned 0.507 acre tract, 162.36.feet to a 1/2" rebar with a cap
marked "RPLS 4967" set for a common corner; '
Thence N 04'22'35" W, continuing along the aforementioned common boundary
line, 138.28 feet to_.a 1/2" .rebar in concrete found for a common corner;
Thence. S 89'60'42" W, continuing along the aforementioned common_ boundary
line,' 151.50 feet'to.a. 1/2" rebar'in concrete •found for a common corner on the
monumented East right-of—way line of Good Hope Road;
Thence_N 00'02'39" W; along the aforementioned East right-of—way line..176.63 feet
to a 1/2" rebar in concrete found for a common corner of the tract'of land herein
described and a called 1.00 acre.tract of land conveyed to N. J. Goodlet. et ux by a deed •
filed for record at County Clerk's Instrument Number 94—R0089059 of the Deed Records
of Denton County, Texas;
Thence-N. 89'21'12" E, along the common boundary line of the tract of land herein
described and the aforementioned 1.00 acre tract, 362.48 feet to a 1/2" rebar in concrete
found for_ a common corner;
Thence N 00'05'33" W, continuing along the aforementioned common boundary.
line,: 120.14 feet to a 1/2" rebar in concrete found for their common North corner on the
South boundary line of a called 56.319 acre tract_of land conveyed to E. Mahard. Jr. by a
deed filed for record at"County Clerksclristrument. Number 2004-24459 of the Deed
Records of Denton County, Texas; .
Thence N 89'24'44" E. along the common boundary line.of the tract of land herein
described and the aforementioned 56.319 acre tract, 1068.57 feet to: a 5/8" rebar with a
cop marked "KHA" found for a common corner;
Thence S 00'28'43" E, continuing along the aforementioned common boundary line,
• 818.81 feet to. a 1/2" rebar in concrete found for a`'common corner on the North boundary
line of the above—mentioned 100.00 acre tract;
•
• Thence S 88'55'33" W, along the :common boundary line of the tract of land herein
i described and the aforementioned 100.00 acre tract, 1435.44 feet to the Point of
• Beginning.
Said tract of land. containing 1,116,766 square feet or 25.637, acres, more or less.
DESCRIPTION — TRACT TWO
A tract of land situated within the J. Bates Survey, Abstract Number 1620, Denton
County, Texas and being the same tract of land as conveyed to Nathan Goodlet, et ux by a
deed filed for record in Volume 1230 at Page -351 of. the'Deed Records. of Denton County,
Texas. Said tract of land being more particularly described by metes and bounds as
follows:
Beginning at a 1/2" rebar in concrete found, on the monumented East right—of-way line of
Good Hope Road, for the Southwest corner of the tract of land herein described and a
corner of a called 25.6476 acre tract .of land as conveyed to N. Goodlet, et ux by a deed
filed for record in Volume. 3329 at Page 820 of the Deed Records of Denton County,
Texas;
Thence N 86'19.09" E, along the common boundary line of the tract of land herein
described and the aforementioned 25.6476 acre tract, 92.56 feet to a 1/2" rebar in
concrete found for a corner.
Thence N 04'18'50" W, .13.05 feet to.a 3/8" rebor found for a corner;
Thence N 86'13'43" E, 13.06. feet to a 1/2" rebar with a cap marked "RPLS 4967"
set for a corner;
Thence S 05'12'35" E, 13.07 feet to a 1/2" rebar in concrete found for a corner on
the North boundary line of the above—mentioned 25.6576 acre tract of land;
Thence N 86'19'09" E, along the aforementioned common boundary line, 56.54 feet
to 'a 1/2" rebar in concrete found for a common corner;
Thence .N 04'22'35" W, continuing along the aforementioned common boundary
. line, 138.28 feet to a 1/2" rebar. in concrete found for a common corner;
Thence S 89'00'42" W, continuing along the aforementioned common boundary
line, 151.50 feet to a 1/2" rebar in concrete found for a common corner on the above—
mentioned East right—of-way line,
Thence S 00'00'14" E, along the aforementioned East right—of—way line, 145.68 feet •
to the Point of Beginning.
•
Said tract of land containing 22,087 square feet or 0.507 acres. more or less.
DESCRIPTION - TRACT THREE
A tract of land situated within:the J. Bates:Survey. Abstract Number •1620, Denton •
County. Texas and being the same tract of land as conveyed to Nathan Goodlet, et ux by a
deed filed for record at County Clerk's Instrument Number 94—R0089059 of the Deed
Records of Denton County, Texas. Said tract of land being more particularly described
by metes and bounds as follows:
Beginning at a 1/2" rebar.in concrete found, •on the monumented East right—of—way line of
• Good Hope Road, for the Southwest corner of the tract of land herein described and a
corner of a called 25.6476 acre tract of land as conveyed to N. Goodlet, et ux by a deed
filed for record in Volume 3329 at Page 820•of the Deed Records of Denton County,
Texas
Thence N 89'21'.12" E, along the common .boundary line of the tract of land herein
described and the aforementioned 25.6476 acre tract of land, 362.48 feet to a 1/2" rebar in
concrete found for a common] corner,
Thence N 00'05'33" W, continuing along the aforementioned common boundary
line, 120.14 feet to, a 1/2" rebar in concrete found for their common North corner on the
South boundary line of. a called 56.319 acre'tract of land conveyed to E. Mahard, Jr. by a
deed filed for record at County Clerk's Instrument Number 2004-24459 of the Deed
Records of Denton County, Texas;
Thence S 89'24'44" W, along :the common boundary line of the tract of land herein
described and the aforementioned 56.319 acre tract, 362.29 feet to a 1/2" rebar with a cap
marked "RPLS 4967" set for their common West corner on the above—mentioned East
right—of—way line;
Thence S 00'00'19" E, along the aforementioned East right-of—way line, 120.52 feet
to the Point of Beginning.
Said tract of land containing 43,604 square feet or .1.00.1 acre, more or less.
•
•
DESCRIPTION — TRACT FOUR
A tract of land situated within the J. Bates Survey, Abstract Number 1620, Denton
County, Texas and being, a portion of a •tract,of land conveyed to Laura Jackson by, a deed
. filed .for record in Volume 29.1. 'at Page 80.of the Deed.Records.of Denton County; Texas
and also being more particularly described by metes and bounds as follows:
Commencing, for a tie, of a 1/2" rebar in concrete, found on the.monumented East
right—of—way line.of Good. Hope Road, for the Southwest corner of a tract of land
conveyed to Nathan Goodlet, et-ux by a. deed filed for record. in Volume 1230 at Page 351
of the Deed Records of Denton County. Texas from which a- 1/2" rebar in concrete found •
for it's Northwest corner bears N 00'00'14" W, 145.68 feet;-
Thence 'N 86'19'09" E, 92.56 feet to a 1/2" rebar found in concrete found for the
Southwest corner and Point: of Beginning .of the tract of land herein described, said corner
also being on internal corner of the aforementioned Goodlet tract
Thence N 04 18'50° W, along the common boundary line of the tract of land herein.
described and the aforementioned Goodlet •tract, 13.05 feet to a 3/8" rebar found for a
common corner, .
Thence N. 86'13'43" E. continuing along the aforementioned common boundary
line, 13.06 feet to a 1/2" rebar with a cap marked "RPLS 4967" set for a common corner;
Thence S 05'12'35" E, continuing along the aforementioned•common boundary line,
13.07 feet to a 1/2" rebar in concrete found for a common corner;
Thence S 86'19'09" W, 13.26 feet to the Point of Beginning.
Said tract of land containing 172 square feet or 0.004 acre, more or less.
Improvement Survey for (Reference Name): FC Prosper Partner, Inc.
Client: Republic Title of Texas. Inc.
For Title Commitment by: Republic Title of Texas. Inc. GF # 06R36860 MK2 ONLY.
Property Address: 1050 ac 992 Good Hope Road
NOTE:
1. The tracts of land surveyed and shown hereon may be subject to an undefinable easement
to Denton County Electric Cooperative, Inc. as filed for record in Volume 403 at Page 85 of the
Deed Records of Denton County,.Texas.
.2. The tracts of land surveyed and shown hereon are subject to •an undefinable easement to
Lone Star Gas Company as filed for record in Volume 146 at Page 388 of the Deed Records of
Denton County. Texas. •
3. The 8' Water Easement as filed in Volume 1230 at Page 355 of the Deed Records of Denton
County. Texas is subject to an "Affidavit of Nan—Use".os filed for record at County Clerk's
Instrument Number 200 6-1 4809 6 in the Deed Records of Grayson County, Texas.
With reference to my copy of the Federal Emergency Management Agency Flood. Insurance Rote Map
for Denton County, Texas, Community.Panel No. 48121C-0430—E , Revised on. 4/2/97 ,
the subject property's scaled location lies within Flood Zone(s) A , which IS designated
a 100•year Special Flood Hazard Area. The above map may not include all Special Flood Hazard Areas
and after a more detailed study the Special Flood Hazard Areas may be modified and other areas
added. Localized flooding may occur someday due to changes in adjacent drainage patterns.
I do hereby certify that this survey was made on the ground, under my direct
supervision and the plat hereon is a true and correct representation of this
property, said survey and plat meet the Minimum Standards for Land Surveying
in the State of Texas; there are no visible conflicts, encroachments, overlapping
of improvements or easements except as shown; all easements and other matters
of record of which I have been advised, by the above commitment, are as shown
hereon. Delta Land Surveying makes no representation as to the accuracy or
completeness of said commitment.
La ry W. Bus
TX R.P.L.S. No. 4967 — NM R.P.S. No. 11398 c1., r ,, '
NiNgisrt4o
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