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08-095 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 08-095 AN ORDINANCE PROVIDING FOR THE VOLUNTARY ANNEXATION OF A TRACT OF LAND SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147, COLLIN COUNTY, TEXAS, CONTAINING APPROXIMATELY 121.281 ACRES OF LAND, AND BEING MORE GENERALLY LOCATED NORTH OF HWY 380 AND ±3640' WEST OF THE DALLAS NORTH TOLLWAY 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 REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the Town of Prosper ("Prosper") received a request from Prosper Partners LP,to annex a tract of land containing approximately 121.281 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 finds that the Property the subject of this Ordinance is vacant and without residents or fewer than three (3) qualified voters reside thereon; and 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 Page 1 WHEREAS, the Town Council finds the public hearings were conducted on or after the fortieth (40th) day but before the twentieth (20th) 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 Page 2 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: 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 28th DAY OF OCTOBER, 2008. ES NI ANGER, MAYOR ATTESTED TO AND CORRECTLY RECORDED BY: °°° O F �'R p to • • • THEW D. DENTON, TRMC *: o * WN SECRETARY • • o • 1, 7'r 44 rittIl@9O` Page 3 TOWN OF PROSPER,TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE: NO. 08-095 DATE OF ANNEXATION ORDINANCE: October 28,2008 ACREAGE ANNEXED: Approximately 121.281 acres SURVEY,ABSTRACT&COUNTY: Collin County School Land Survey, Abstract No. 147, Collin County CURRENT PROPERTY OWNER: Prosper Partners 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 REVIEW 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 INCLUDED 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 RECEIVING 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 'h) 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 SET FORTH ABOVE IF DIFFERENT CHARACTERISTICS 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. AFFIDAVIT OF PUBLICATION STATE OF TEXAS COUNTY OF DALLAS Before me, a Notary Public in and for Dallas County, this day personally appeared Lynda Black, Legal Advertising Representative for the DALLAS MORNING NEWS being duly sworn by oath, states the attached advertisement of: Town of Prosper as published in THE DALLAS MORNING NEWS —Metro North Edition on: • TOWN OF PROSPER.TEXAS August 21, 2008 NOTICE.OF PUBLIC HEARINGS y ON ANNEXATION a Notice is;hereby given tliat public hearings will be held by the Governing Body of the Town of I Prosper, Texas,'in the Prosper ISD.Central Ad- ' ministration Building, 605.E. Seventh Street, at 6:00 p.m.;on September 9,2008,and September ' ' 23,2008,for the purpose of considering the an; ' .nexation of the following described properties: i SITUATED,IN,COLLIN COUNTY SCHOOL • LAND SURVEY;ABSTRACT NO.147,COLLIN 1 COUNTY, TEXAS, CONTAINING APPROXI-. , MATELY 121.281 ACRES OF LAND BEING ' `i NORTH OF HY 380E AND 43 40'O W CATED WEST OF THE DAL- (Lynda Black) .LAS NORTH TOLLWAY. I All interested citizens and property owners-are hereby notified of their right to'ap pear and be heard on the matter., , Matthew D. Denton,Town Secretary Town of•Prosper•;Texas Sworn to and subscribed before me this August 21, 2008 4kli'"''84,; JANETTHOMASON *��:*rz MY COMMISSION EXPIRES i\ January 30,2011 otary Public) o' 2008 Annexation Schedule •Notices Posted on Annexation Petition Newspaper Annexation and Associated Mail Annexation Formal Acceptance Deadline for 1st Website and 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 7:00pm Hearings - 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 12/28/07 1/8/08 1/16/08 1121/08 2/05/08 2/19/08 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 A A 4/7/08 4/18/07 5/13/08 5/14/08 5/19/08 6/10/08 6/24/08 7/8/08 `I P ° 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 `' c7/7/-08=_ * j__47/18108==-==✓ _� -8/1.2/08- -- __ ____�8/-13/08 ;-8/18/08- ,- ------ 9,708 t-------- /08- -- ---— != 4 •8 _ - -, 8/4108 8/15/08 9/9/08 9/17/08 9/22/08 10/14/08 10/28/08 11/11/08 ,v„ 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 it, TOWN OF P ►.II S PER PO Box 307 • 121 W. Broadway • Prosper, Texas 75078 • 972.346.2640 • Fax: 972.346.9335 July 22, 2008 To whom it may concern, Notice is hereby given of the Town of Prosper's intention to annex the following described properties: SITUATED IN COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147, COLLIN COUNTY, TEXAS, CONTAINING APPROXIMATELY 121.281 ACRES OF LAND BEING MORE GENERALLY LOCATED NORTH OF HWY 380 AND +3640' WEST OF THE DALLAS NORTH TOLLWAY. If you have any questions,please contact me, at 972.346.2640. Thank you, Matthew D. Denton Town Secretary EXHIBIT A LEGAL DESCRIPTION 121.281 ACRES BEING a tract of land situated in the Collin County School Land Survey, Abstract Number 147, Town of Prosper, Collin County, Texas, and being all of the121.281 acre tract of land described in deed to Legacy Platinum Partners III, LP recorded in Collin County Clerk's File No. 20060407000459150 of the Land Records of Collin County, Texas, and being more particularly described as follows: BEGINNING at an iron rod with cap found at the present southeast corner of the above mentioned tract and the southwest corner of a tract of land described in a deed to The Buckle Trust recorded in Clerk's File Number 97-0000310, Land Records, Collin County, Texas, said point being in the existing north Right-of-Way line of U.S. Highway 380 mentioned in a Right-of- Way Deed called "Parcel 1" recorded in Clerk's File Number 97-0018697, Land Records, Collin County, Texas; THENCE with the existing north Right-of-Way line of said U.S. Highway 380 the following calls: South 89°57'18"West a distance of 1899.04 feet to a 5/8" iron rod with red cap marked KHA set for corner; South 89°36'57"West a distance of 108.77 feet to an iron rod found for corner in the east line of a called 15.634 acre tract of land described in a deed to The Rudman Partnership et al. recorded in Volume 2844, Page 42, Land Records, Collin County, Texas; THENCE with the east line of said 15.634 acre Rudman Partnership tract the following calls: North 00°19'01"West a distance of 297.49 feet to a 1/2" iron rod with cap found for corner; South 89°22'16"West a distance of 45.70 feet to a 1/2" iron rod with cap found at the southeast corner of a called 349.119 acre tract of land described in a deed to The Rudman Partnership et al. recorded in Volume 2844, Page 42, Land Records, Collin County, Texas; THENCE North 00°05'25" East with the east line of said 349.119 acre Rudman Partnership tract a distance of 2277.09 feet to a 1/2" iron rod with cap found for corner; THENCE South 89°40'36" East departing the east line of said 349.119 acre Rudman Partnership tract a distance of 2071.54 feet to a 1" iron pipe found for corner in the west line of said The Buckle Trust tract; THENCE South 00°26'47"West with the west line of said The Buckle Trust tract a distance of 2560.24 feet to the POINT OF BEGINNING and containing 121.281 acres of land. Bearing system based on monuments found referenced to the Texas State Plane Coordinate System, Zone 4202. "Q, c- ' D•NA . s A . ... ...... ......... .0 5336 ,Pka C F. ��••oFpss�O•cG-a. ��•SU'iN ot2 O 2006 PROSPER PARTNERS LP. GCCF/20060027001384620 LRGCT. THE SLIME TRUST �,M E s01 x CGCP./p7-LRCGOW1i O10 T. N $ i • Ed W E L ___-_ TOW_N_OF PRO_SP_ER TOWNUMT _-- I 55940'36'E 2071.54' SITE S GRAPHIC SCALE W FEET O2 • • a 7 o i i �p y • LOCATION MAP O k4u11.13. 6$ .1 '$ IEaALBEecwPION • GOf..71 � 1 y�°• 121.251 ACRES N ..� County Sumo,Abr0act Rooter 147,Twos 6E1NO.beGNIeM County, To in bS0 S121.land rfa�e of Prosper,Collin County,Teal,end hell,ell of tnd212O1 eve bad of laid described tn dead 0 h re Legacy Platinum Portnoy III,It recorded In Can Cantypolls RNM.20060402000450150 of of the land R®rda ofCoon County,Tew,end being rem pn0odyy demoted se follow.: W V'j BEGINNING elan he rod WM Cep found et Ne present Neu..owner of the oleo..mentioned had AM the coultwat corner of a had of land doso0d Ina bed to Tie Bustle Tnurt ncdad In ME RUDMAN PARTNERSHIP el W. p Clerks File f40mW497.0000210,Lard Record.,CAM County.Taco,old print being In Ow advt. VOLUME 2044 PACE 42 3 north Rlghlof-Wy One of U.S.270r w 350 mentioned In a Rlghlof-W.7 Coed Wed'Patel l• P42.112 ACRES VOLUMEr042,PAGE 51]) 00 727.287 ACRES r 'worded In Cloth's Fle Number 87-0010BW d,la Records,CeiM County,Tow; O h THENCE eM the dating north Right-of-Way One of add U.S.Nohway 084 Me01bmMg ono: 5 South 89'6T10•Wed a oilstones of INN.04 feel to SW bon and WM red cap reeked 10Not Lou IREBUIXIE TRUST form - $ G0GF./2 7-0 0 0 0510 South O89 LRGCT. B6r West a dhlane M 0 of 108.72 t en Lae rod found for Darner In the east One of �> a called 15.824 acre bad of lend described Ins deed to TW Rudman P5N0Mlp el el. recorded In Volume2844,Page 42,Land Records,CaBn County,Tau; 2 wan THENCE 0 the sort One of odd 15.e.L acre Rodman e Rman P.nrarmuv hoot Use following ado U Noll 00.1051'Wed s diatom of2h2Ao feel 0a US Iron rod w/N cap found for comet South eo22'1r West*distance of 45.70 feet 0 a 1/2 Ire rod Wtn cap found el the aoutheast comer of a celled 346.119 awe bad of land dosal.d In a ded to lfe Rudman Pafeddp of el.roomdd In Volum.2544,Page 42,Land Rocorda.Collin County,Tone; THENCE North 00.0525.East with the cost lino of add 349.11g sore Rdmon PsmrerMlp bad e i8922'I6 45.70''W co deten of 2277.00d 0 ? VP found foe le a 1 Iron rod WIT Crver, SURIEY unT LAS N LF TO THENCE eeNBB•4U56•East departing the One of*east O 348.110.cro Reiman PanrwNip DALLAS NORTH TOLLWAY tract a deter*,of2021.54 foot 0o 1'be pipe food for owner In gm vent Me of old TieBudb $YRYEY Y Tonle** ICE 500IAN PARTNERD0P s1 d STATE OF TEXAS RO.N THENCE South 0026.4r Weal 1N0the earl lino of sold The Trust Paola&Nanm of 1p.VYE I644 PACE 42 to GGF.L 20-OW564 256024 fret 0 m IN e e et e POINT OF BEONNO end erns land.dr0121281 e of . (15054 ACRES VOLUME 1042 PACE 575) N till RGCT. D.R.D.GC •f SB957'IH_W 1899.04' �4 m Wed on monuments found referred to the Tosr SUM Plane Coordinate Sygam, 02. T__-__ 7 -7-- POBIT OF 5`8936'57.W /�/---U.S.HIGHWAY NO.JHO BEGINNING` r y+�e4✓a+e� SIAM CC TEXAS R.O.W..PARCEL ._ CCCF./0 7-0 01602 7 .... ...STATE OF 7ES4S R.O.W. 2 LR.CCC CCCF/26-002B75I STATE OF TEXAS RON PARCEL 5 LRGCT. GGGF/27-0018022 -1bAEyylOj--I NLRGCT. WING.MAESTRO/TS 00 I'I'N AS rRIW XOR9IAY METER REAL ESTATE LP. ERNEST A.MANARA Jr. I GCCF./02-WIB724 VOLUME 4414 PACE 1750 VOLUME 754 PACE 577 LR.CCT. (CCCS/22-0057750) 1 LRGGC S rpy�r LRGCT. 50. EXHIBIT A� Via, $1 �� 145'',,1 ANNEXATION EXHIBIT g�p'''4 r�'? ' p, �' ((OP BEING 121.28 ACRES OUT OF THE V° S.g I CG4r"yea AAG''v COLLIN COUNTY ABSTRACT 147 ND SURVEY, (s.L�- 09 4. COLUN COUNTY,TEXAS PREPARED JULY 7,2008 PROSPER PARTNERS, NEOENrcNROV LEGIACI,POMMY EP°RIP ❑��4NA�dr.,Yle TEL.5FRISCO5007sm e e FAA RUON2so15 r..v.r+wrn .,N..� _ _ RN20e NO. 5NEET10FI d3