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04-030 - OTOWN OF PROSPER, TEXAS ORDINANCE NO.04-30 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 79.52 ACRES OF LAND, MORE OR LESS IN COLLIN COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE -DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF PROSPER AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED; PROVIDING FOR 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 80, LTD to annex a tract of land containing 79.52 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 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 CAShanae\ORDINANCES & RESOLUTIONS\ORDINANCES\2004 Ordinances\04-30, Prosper 80, LTD Annexation (A 2004-11).docPage 1 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 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. Frisco 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. Q\Shanae\ORDINANCES & RESOLUTIONS\ORDINANCES\2004 Ordinances\04-30, Prosper 80, LTD Annexation (A 2004-11).docPage 2 SECTION 9: Effective Date. This Ordinance shall become effective from and after its adoption and publication as required by law. PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS THIS 13th DAY OF APRIL, 2004. ATTESTED TO AND CORRECTLY RECORDED BY: SH AE JENNIN TOWN SE ETARY Q\Shanae\ORDINANCES & RESOLUTIONS\0RDINANCES\2004 Ordinances\04-30, Prosper 80, LTD Annexation (A 2004-11).docPage 3 TOWN OF PROSPER. TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE: NO. DATE OF ANNEXATION ORDINANCE: ACREAGE ANNEXED: SURVEY, ABSTRACT & COUNTY: CURRENT PROPERTY OWNER: 04-30 April 13, 2004 79.52 Collin County School Land Survey, Abstract No. 147, Collin County, Texas Prosper 80, Ltd. 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 I. 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 L 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 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, SUBDMSION, 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. )• F .,triN ING 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 PROPERTYANDITS 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 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 SAMF, LEVEL OF MAINTENANCE SHALL BE PROVIDED TO STREETS WITHIN THIS PROPERTY WHICH HAVE BEEN ACCEPTED BY THE T O_)FN 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 %z) 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 I. 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. 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 TOV! Oi:.n?,\T�NCES .AND REGULATIOi�!S. SUCH EXTENSIONS WILL BE COMMENCED WITITHIN 77x;O 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. BOUNDARY DESCRIPTION FOR ANNEXATION BEING a tract of land located in the COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147, Prosper, Collin County, Texas and being a part of a tract of land described in Deed to Prosper 80, Ltd., recorded in Volume 5103, Page 3723, Deed Records, Collin County, Texas and being more particularly described as follows: BEGINNING at the Southwest corner of said Proper 80, Ltd. tract; THENCE North 01 degrees 41 minutes 53 seconds West, a distance of 1,325.03 feet to a point in County Road No. 49 at the Northeast corner of said Prosper 80, Ltd. tract; THENCE North 88 degrees 22 minutes 32 seconds East, a distance of 2,640.40 feet to a point at the Northeast corner of said Proper 80, Ltd. tract; THENCE South 01 degrees 02 minutes 54 seconds East, along the East line of said Prosper. 80, Ltd. tract, a distance of 811.57 feet to a point for corner; THENCE South 01 degrees 33 minutes 44 seconds East, a distance of 495.70 feet to a point at the Southeast corner of said Prosper 80, Ltd tract; THENCE South 88 degrees 04 minutes 25 seconds West, along the South line of said Prosper 80, Ltd. tract, a distance of 1,317.96 feet to a point for corner; THENCE South 87 degrees 53 minutes 55 seconds West, continuing along the South line of said Prosper 80, Ltd. tract, a distance of 1,178.45 feet to a point for corner; THENCE South 87 degrees 55 minutes 55 seconds West, a distance of 133.66 feet to a point for corner at the POINT OF BEGINNING and containing 79.52 acres of land, more or less. Sean Shropshire Registered Professional Land Surveyor No. 5674 p>R: C ........... ............"ROPSV4 R . SEAN • - �.#5674 This description is for annexation purposes only and derived from the Deed recorded in Volume 5103, Page 723, D.R.C.C.T. S:\Data\2001\01-050\101050DESC-ANNEX2.doc Page 4 of 4 COUNTY ROAD NO �i N88'22'32"E 2640.40' S01'02'54"E z 811.57' W f N ? I o Cn W POINT OF BEGINNING S01'33'44"E i 495.70' ---- S87' S88'0425"W S87'5555tw 13'55"W 117.8.45' ; 1317.96' ' Q ' 133.66'; I O , 00 Z a0 , r ' J ZI _ O1 I 1 OWNER: PROSPER 80, LTD. 5700 W. PLANO PARKWAY, SUITE 3000 PLANO, TX 75093 972-735-0060 SURVEYOR / APPLICANT: DOWDEY, ANDERSON & ASSOCIATES, INC. 5225 Village Creek Drive, Suite 200 Plano, Texas 75093 972-931-0694 0 500 IODO 15DO SCALE IN FEET LEGAL DESCRIPTION U1. LWYNO. 380' BEING a tract of land located in the COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147, Prosper, Collin County, Texas and being a part of a tract of land described in Deed to Prosper 80, Ltd., recorded in Volume 5103, Page 3723, Deed Records, Collin County, Texas and being more particularly described as follows: BEGINNING at the Southwest comer of said Proper 80. Ltd. tract; THENCE North 01 degrees 41 minutes 53 seconds West, a distance of 1.325.03 feet to a point in County Road No. 49 at the Northeast comer of said Prosper 80, Ltd. tract; THENCE North 88 degrees 22 minutes 32 seconds East, a distance of 2,640.40 feet to a point at the Northeast corner of said Proper 80, Ltd. tract; THENCE South 01 degrees 02 minutes 54 seconds East. along the East line of said Prosper 80, Ltd. trcct, a distance of 811.57 feet to a point for comer, THENCE South 01 degrees 33 minutes 44 seconds East, a distanw of 495.70 feet to a point at the Southeast comer of said Prosp., 80, Ltd tract; THENCE South 88 degrees 04 minutes 25 seconds West, along the South line of said Prosper 80, Ltd. trcct, a distance of 1,317.96 feet to a point for comer, THENCE South 87 degrees 53 minutes 55 seconds West, continuing along the South line of said Prosper 80. Ltd. trcct, a distance of 1,178.45 feet to a point for corner; THENCE South 87 degrees 55 minutes 55 seconds West, a distance of 133.66 feet to the POINT OF BEGINNING and containing 79.52 acres of land, more or less. ANNEXATION EXHIBIT 79.52 ACRES OUT OF THE COLLIN COUNTY SCHOOL LAND SURVEY NO. 12 ABSTRACT NO. 147 PROSPER, COLLIN COUNTY, TEXAS 1/26/04 2 of 4 01050 L r '¢F � �^ .. _yam • .� .ii� •�21� C - 1 In e2 el c i ' r 41 s t € ire 40V ✓� '_ - Wj °' ii U.S. Department of Justice Civil Rights Division 4 JDR : JBG : ALF : par Voting Section - NWB. DJ 16 6 - 012 - 3 950 Pennsylvania Avenue, N. W. 2 0 0 4— 2 3 4 9 Washington, DC 20530 • July 15, 2004 -1 Ms. Shanae Jennings Town Secretary P.O. Box 307 Prosper, Texas 75078 Dear Ms. Jennings: This refers to the procedures for conducting the May 15, 2004, special referendum election and 28 annexations (Ordinance Nos. 03-65 through 03-681 04-04 through_04-08, 04-16 through 04- 12, 04-17 through 04-23, 0=27 through 04= 13 � 04-42 through 04 44, and 04-51) to the Town of Prosper in Collins County, Texas, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act, 42 U.S.C. 1973c. We received your submission on May 24, 2004;. supplemental information was received on June 16, 2004. The Attorney General does not interpose any objection to the specified changes. However, we note that Section 5 expressly provides that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the enforcement of the changes. See Procedures for the Administration of Section 5 of the Voting Rights Act (28 C.F.R. 51.41). ! I Jo h D. Rich Chief, Voting Section �' ,a coNo j COMPTOLLER OF PUBLICCOUNTS oar P.O. BOX 13528 * $ AUSTIN, TX 78711-3528 SAS June 29, 2004 Ms. Shanae Jennings Town Secretary . Town of Prosper Post Office Box 307 Prosper, TX 75078 Dear Ms. Jennings: We have received annexation ordinance no. 03-65, 03-66, 03-67, 03-68, 04-04, 04-05, 04-06, 04- 07, 04-08, 04-10, 04-11, 04-12, 04-17, 04-18, 04-19, 04-20, 04-21, 04-22, 04-23, 04-27, 04-28, 04-29, -004 04-31, 04=42, 04-43, 04-44 and 04-51 and the maps indicating the areas to be annexed into the City of Prosper. You stated in our phone conversation today that no businesses were annexed with the above ordinances. You also confirmed for me the utilities servicing these areas are: TXU Energy Retail Company, LP Denton County Electric Cooperative TXU Gas Company Friendship Cable of Texas, Inc. If any of this information is incorrect or you have any questions, please contact me right away. You can call me toll free at 1-800-531-5441, extension 50274. My direct number is 512/475-0274. Sincerely, y C. � S.SLZ eronica P. Harycki Revenue Accounting Division Tax Allocation Section ,. • ,own of erosp e . '. P.O. BOX 307 Prosper. Texas 75078 (972) 347-2304 Metro (972) 34b-2b4U - Fax l9 ') -)-F < < 1 May 15, 2004 Chief, Voting Section Civil Rights Division Department of Justice P.O. Box 66128 Washington, D.C. 20035-6128 VIA CERTIFIED MAIL RECEIPT NO. 7000 1530 0004 4810 1262 Re: Submission under Section 5 of the Voting Rights Act: Recent Annexations and New Ordinances Dear Main or Sir: In compliance with the requirements of the Federal Voting Act, enclosed are copies of the Town of Prosper, Texas annexation Ordinances: Ordinance No. Number of Acres 03-65 645.426 + 03-66 645.426 + 03-07 80.37 + 03-08 61.7 + 04-04 146.407 + 04-05 199.407 + 04-06 29.664 + 04-07 149.997 + 04-08 157.98 ± Ordinance No. Number of Acres 04-10 ETJ Expansion 2,174 + 04-11 ETJ Expansion 519.49 + 04-12 ETJ Expansion 182.66 + 04-17 204.775 + 04-18 71.914 + 04-19 125.58 + 04-20 130.45 + 04-21 17.2988 + 04-22 139.90 + 04-23 41.166 + 04-27 104.483 ± Ordinance No. Number of Acres 04-28 30.000 + 04-29 39.133 + 04-30 79.52 + 04-31 15.00 + 0442 162.39 + 0443 357.10 + 0" 182.66 + 04-51 40.066 + Notices of the public hearings were published in a newspaper of general circulation in the City. Subsequent to the publications, public hearings were conducted in order to give all persons interested in the annexation the opportunity to be heard. This annexation was done in an objective manner and therefore will not have the affect of abridging the right of anyone to vote on account of race, creed or color. To my knowledge, the areas annexed have not been unsuccessfully annexed to the City, nor has there been any pending litigation regarding these annexations. I have also enclosed, for your benefit ;-a copy of a map and the legal description showing the location of the areas annexed. There are no businesses or residential on these properties. If you have any questions, or require additional information, please contact me at 972.346.2640. Sincerely, Shanae Jennin Town Secretary P.O. Box 307 Prosper, Texas 75078 (972)347-2304 May 15, 2004 Ms. Joyce Ballard Comptroller of Public Accounts Revenue Accounts Division P.O. Box 13528 Austin, TX 78711 VIA CERTIFIED MAIL RECEIPT NO. 7000 1530 0004 4810 1279 Metro (972) 346-2640 RE: Recent Annexations and New Ordinances Dear Ms. Ballard: C d.\ 17/�) J-t,--1 i , In order to ensure the Town of Prosper will receive the benefit of any sales tax generated in a newly annexed area, please find enclosed copies of the following annexation ordinances which were recently annexed properties into the Town limits of "Prosper. I am enclosing a map indicating the location of the annexed area, along with the legal description of each area. Ordinance No. Number of Acres 03-65 645.426 + 03-66 645.426 + 03-67 80.37 + 03-68 61.7 + 04-04 146.407 + 04-05 199.407 + 04-06 29.664 + 04-07 149.997 + 04-08 157.98 ± Ordinance No. Number of Acres 04-10 ETJ Expansion 2,174 + 04-11 ETJ Expansion 519.49 + 04-12 ETJ Expansion 182.66 + 04-17 204.775 + 04-18 71.914 + 04-19 125.58 + 04-20 130.45 + 04-21 17 2988 + 04-22 139.90 + 04-23 41.166 + 04-27 104.483 ± If you have any questions, please contact me at 972.346.2640. Sincerely, Shanae Jennings Town Secretary Ordinance No. Number of Acres 04-28 30.000 + 04-29 39.133 + 04-30 79.52 + 04-31 15.00 + 0442 162.39 + 04-43 357.10 + 04- 4 182.66 + 04-51 40.066 + P.O. Box �07 Prosper, Texas 75078 (972) 347-2304 Metro (972) 346-204U May 15, 2004 Office of the Secretary of State Ms. Nina Weston Statutory Documents Division P.O. Box 12887 Austin, TX 78711-2887 VIA CERTIFIED MAIL RECEIPT NO. 7000 1530 0004 4810 1286 Re: Recent Annexations and New Ordinances Dear Ms. Weston: Enclosed please find copies of the following annexation ordinances which were recently annexed properties into the Town limits of Prosper. I am enclosing maps indicating the location of the annexed areas, along with the legal description of each area. Ordinance No. Number of Acres 03-05 645.426 ± 03-06 645.426 + 03-67 80.37 + 03-68 61.7+ 04-04 146.407 + 04-05 199.407 + 04-06 29.664 + 04-07 149.997 + 04-08 157.98 ± Ordinance No. Number of Acres 04-10 ETJ Expansion 2,174 + 04-11 ETJ Expansion 519.49 + 04-12 ETJ Expansion 182.66 + 04-17 204.775 + 04-18 71.914+ 04-19 125.58 + 04-20 130.45 + 04-21 17.2988 + 04-22 139.90 + 04-23 41.166 + 04-27 104.483 ± Ordinance No. Number of Acres 04-28 30.000 + 04-29 39.133 + 04-30 79.52 + 04-31 15.00 + 04-42 162.39 + 04-43 357.10 + 04-44 182.66 + 04-51 40.066 ± If you have any questions, or need additional information, please contact me at 972.346.2640. Sincerely, hanae Jennings Town Secretary / . To swan Of R r " , k:I. l ' P.O. Box 307 Prosper, Texas 75078 (972) 347-2304 -- - - May 15, 2004 United States Department of Commerce Bureau of the Census Geography Division Washington, D.C. 20233 VIA CERTIFIED MAIL RECEIPT NO. 7000 1530 0004 4810 1293 Pyletro (9 i2) 34o-_o4U RE: Recent Annexations and New Ordinances Dear Mam or Sir: r LIX w i _) -)-+ i --I i i Enclosed please find Town of Prosper ordinances reflecting the annexation of parcels of land into the Town limits of Prosper, Texas. I have enclosed maps as well as a legal description showing the location of each tract. Ordinance No. Number of Acres 03-65 645.426 + 03-66 645.426 + 03-67 80.37 + 03-08 61.7 + 04-04 146.407 + 04-05 199.407 + 04-06 29.664 + 04-07 149.997 + 04-08 157.98 + Ordinance No. Number of Acres _ 04-10 ETJ Expansion 2,174 +_ 04-11 ETJ Expansion 519.49 ± 04-12 ETJ Expansion 182.66 + 04-17 204.775 + 04-18 71.914+ 04-19 125.58 + 04-20 130.45 + 04-21 17.2988 + 04-22 139.90 + 04-23 41.166 + 04-27 104.483 + Ordinance No. Number of Acres 04-28 30.000 + 04-29 39.133 + 04-30 79.52 + 04-31 15.00 + 0442 162.39 + 0443 357.10 + 04-44 182.66 + 04-51 40.066 + If you should require additional information, please feel free to contact me at 972.346.2640. Smc ely, Shanae Jennings Town Secretary K er To vvn of Prosp ` ( i P.O. Box 307�r' (972) 347-2304 May 15, 2004 Central Appraisal District Attn: Carl Birdwell 2404 K Avenue Plano, TX 75074-5911 \,CIA CERTIFIED MAIL RECEIPT NO. 7000 1530 0004 4810 1309 Metro (972) 34b-264U RE: Recent Annexations and New Ordinances Dear Carl: rUX �J r.:) J41-=1 1 1 Enclosed please find copies of the following annexation ordinances which were recently annexed properties into the Town limits of Prosper. I am enclosing maps indicating the location of the annexed areas, along with the legal description of each area. Ordinance No. Number of Acres 03-65 645.426 + 03-06 645.426 + 03-67 80.37 + 03-68 61.7 + 04-04 146.407 + 04-05 199.407 + 04-06 29.664 + 04-07 149.997 + 04-08 157.98 + Ordinance No. Number of Acres 04-10 ETJ Expansion 2,174 + 04-11 ETJ Expansion 519.49 + 04-12 ETJ Expansion 182.66 + 04-17 204.775 + 04-18 71.914 + 04-19 125.58 + 04-20 130.45 + 04-21 17.2988 + 04-22 139.90 + 04-23 41.166 + 04-27 104.483 + Ordinance No. Number of Acres 04-28 30.000 + 04-29 39.133 + 04-30 79.52 + 04-31 15.00 + 0442 162.39 + 0443 357.10 + If you should require additional information, please feel free to contact me at 972.346.2640. Sincerely, Shanae Jennings Town Secretary 04-44 182.66 + 04-51 40.066 + Tom of Prosper `a P.O. Box 307 �, z Prosper, Texas 75078 !' (972)347-23U4 May 15, 2004 Co-Sery Electric Attn: Janet King 7701 S. Stemmons Corinth, TX 76210 VIA. CERTIFIED MAIL ,RL ECEIPT NO. 7000 1530 0004 4810 1316 A,IeLrO �y l2) )40-L0,W RE: Recent Annexations and New Ordinances Dear Janet: C'L'\ 11I-) J-F/-...1 l l Enclosed please find copies of the following annexation ordinances which were recently annexed properties into the Town limits of Prosper. I am enclosing maps indicating the location of the annexed areas, along with the legal description of each area. Ordinance No. Number of Acres 03-65 645.426 + 03-66 645.426 + 03-67 80.37 + 03-68 61.7 + 04-04 146.407 + 04-05 199.407 + 04-06 29.664 + 04-07 149.997 + 04-08 157.98 + Ordinance No. Number of Acres _ 04-10 ETJ Expansion 2,174 +_ 04-11 ETJ Expansion 519.49 + 04-12 ETJ Expansion 182.66 +_ 04-17 204.775 + 04-18 71.914 + 04-19 125.58 + 04-20 130.45 + 04-21 17.2988 + 04-22 139.90 + 04-23 41.166 + 04-27 104.483 + Ordinance No. Number of Acres 04-28 30.000 + 04-29 39.133 + 04-30 79.52 + 04-31 15.00 + 04-42 162.39 + 04-43 357.10 + 04-44 182.66 + 04-51 40.066 + If you should require additional information, please feel free to contact me at 972.346.2640. Sincerely, r Shanae Jenn' s Town Secretary Tovm of Prosper (J� P.O. Box 307 Prosper, Texas 75078 (972) 347-2304 Metro (972) 346-2640 fax (972) 347-211 I May 15, 2004 Co-Sery Gas Attn: Gary Smith 7701 S. Stemmons Corinth, fX 76210 VLA CERTIFIED MAIL RECEIPT NO. 7000 1530 0004 4810 1323 RE: Recent Annexations and New Ordinances Dear Gary: Enclosed please find copies of the following annexation ordinances which were recently annexed properties into the Town limits of Prosper. I am enclosing maps indicating the location of the annexed areas, along with the legal description of each area. Ordinance No. _ Number of Acres 03-65 645.426 + 03-66 645.426 + 03-67 80.37 + 03-68 61.7 + 04-04 146.407 + 04-05 199.407 + 04-06 29.664 + 04-07 149.997 + 04-08 157.98 + Ordinance No. Number of Acres 04-10 ETJ Expansion 2,174 + 04-11 ETJ Expansion 519.49 + 04-12 ETJ Expansion 182.66 + 04-17 204.775 + 04-18 71.914+ 04-19 125.58 + 04-20 130.45 + 04-21 17.2988 + 04-22 139.90 + 04-23 41.166 + 04-27 104.483 + Ordinance No. Number of Acres 04-28 30.000 + 04-29 39.133 + 04-30 79.52 + 04-31 15.00 + 04-42 162.39 + 0443 357.10 + 04-44 182.66 + 04-51 40.066 + If you should require additional information, please feel free to contact me at 972.346.2640. Sincerely, Shanae Jenni gs Town Secretary Town of Prosper - P.O. Box 307 Prosper, Texas 75078 (972) 347-2304 - i'vletro (972) 340-264U -- -- rax w /,L7.4 1 1 1 May 15, 2004 Collin County Courthouse Attn: Bret Fenster 210 S. McDonald, Ste. 26 McKinney, TX 75069 WIA CERTIFIED MAIL. RECEIPT NO. 7000 1530 0004 4810 1330 RE: Recent Annexations and New Ordinances Dear Bret: Enclosed please find copies of the following annexation ordinances which were recently annexed properties into the Town limits of Prosper. I am enclosing maps indicating the location of the annexed areas, along with the legal description of each area. Ordinance No. Number of Acres 03-65 645.426 + 03-06 645.426 + 03-67 80.37 + 03-68 61.7 + 04-04 146.407 + 04-05 199.407 + 04-06 29.664 + 04-07 149.997 + 04-08 157.98 + Ordinance No. Number of Acres 04-10 ETJ Expansion 2,174 + 04-11 ETJ Expansion 519.49 + 04-12 ETJ Expansion 182.66 + 04-17 204.775 + 04-18 71.914 + 04-19 125.58 + 04-20 130.45 + 04-21 17.2988 + 04-22 139.90 + 04-23 41.166 + 04-27 104.483 + Ordinance No. Number of Acres 04-28 30.000 ± 04-29 39.133 + 04-30 79.52 + 04-31 15.00 + 04-42 162.39 + If you should require additional information, please feel free to contact me at 972.346.2640. Sin erely, Shanae Jenni s Town Secretary 04-43 357.10 + 04-44 182.66 + 04-51 40.066 + 'down of Pro Over P.O. Box 307 Prosper, Texas 75078 �972) 3 47-2304 May 15, 2004 Texas Department of Transportation Attn: TPP Mapping PO Box 149217 Austin, TX 78714-9217 VIA CERTIFIED MAIL RECEIPT NO. 7000 1530 0004 4810 1347 lvletro (9iL) )40-L04U RE: Recent Annexations and New Ordinances Dear Main or Sir: Fax (972) 347-2111 Enclosed please find copies of the following annexation ordinances which were recently annexed properties into the Town limits of Prosper. I am enclosing maps indicating the location of the annexed areas, along with the legal description of each area. Ordinance No. Number of Acres Ordinance No. Number of Acres 03-65 645.426 + 03-06 645.426 + 03-07 80.37 + 03-68 61.7 + 04-04 146.407 + 04-05 199.407 + 04-06 29.664 + 04-07 149.997 + 04-08 157.98 + 04-10 ETJ Expansion 2,174 + 04-11 ETJ Expansion 519.49 + 04-12 ETJ Expansion 182.66 + 04-17 204.775 + 04-18 71.914+ 04-19 125.58 + 04-20 130.45 + 04-21 17.2988 + 04-22 139.90 + 04-23 41.166 + 04-27 104.483 + Ordinance No. Number of Acres 04-28 30.000 + 04-29 39.133 + 04-30 79.52 + 04-31 15.00 + 04-42 162.39 + 04-43 357.10 + 0444 182.66 + 04-51 40.066 + If you should require additional information, please feel free to contact me at 972.346.2640. Sincerely, r Shanae Jenning Town Secretary Town of Prosper P.O. Box 307 ) Prosper, Txas75078 (972) 347-2304 May 15, 2004 Burlington -Northern Railroad c/o Mr. Alec Vincent 2500 Lou Menk Drive AOB 3 Fort worth, in icii�i VLA CERTIFIED MAIL RECEIPT NO. 700 1530 0004 4810 1354 V1eLru 972) 346-2640 RE: Recent Annexations and New Ordinances Dear Alec: Fax (972) 347-21 1 1 Enclosed please find copies of the following annexation ordinances which were recently annexed properties into the Town limits of Prosper. I am enclosing maps indicating the location of the annexed areas, along with the legal description of each area. Ordinance No. Number of Acres 03-65 645.426 + 03-06 645.426 + 03-67 80.37 + 03-08 61.7 + 04-04 146.407 + 04-05 199.407 + 04-06 29.664 + _ 04-07 149.997 + 04-08 157.98 + Ordinance No. Number of Acres 04-10 ETJ Expansion 2,174 + _ 04-11 ETJ Expansion 519.49 + 04-12 ETJ Expansion 182.66 + 04-17 204.775 + 04-18 71.914 + 04-19 125.58 + 04-20 130.45 + 04-21 17.2988 + 04-22 139.90 + 04-23 41.166 + 04-27 104.483 + Ordinance No. Number of Acres 04-28 30.000 + 04-29 39.133 + 04-30 79.52 + 04-31 15.00 + 04-42 162.39 + 04-43 357.10 + If you should require additional information, please feel free to contact me at 972.346.2640. Sincerely, G7.f?i Shanae Jenn gs Town Secretary 04-44 182.66 + 04-51 40.066 + P.O. BOX 307 Prosper, Texas 75078 (972) 347-2304 Metro (972) 346-26 40 Fax (972) 3 47-1-1 1 1 May 15, 2004 Cebridge Cable Attn: Doug Hull 3815 Pioneer Road Balch Springs, TX. 75180 VIA CERTIFIED MAIL RECEIPT NO.7000 1530 0004 4810 1361 RE: Recent Annexations and New Ordinances Dear Doug: Enclosed please find copies of the following annexation ordinances which were recently annexed properties into the Town limits of Prosper. I am enclosing maps indicating the location of the annexed areas, along with the legal description of each area. Ordinance No. Number of Acres 03-65 645.426 + 03-06 645.426 + 03-67 80.37 + 03-68 61.7 + 04-04 146.407 + 04-05 199.407 + 04-06 29.664 + 04-07 149.997 + 04-08 157.98 + Ordinance No. Number of Acres 04-10 ETj Expansion 2,174 + 04-11 ETJ Expansion 519.49 + 04-12 ETJ Expansion 182.66 + 04-17 204.775 + 04-18 71.914 + 04-19 125.58 + 04-20 130.45 + 04-21 17.2988 + 04-22 139.90 + 04-23 41.166 + 04-27 104.483 + Ordinance No. Number of Acres 04-28 30.000 + 04-29 39.133 ± 04-30 79.52 + 04-31 15.00 + 0442 162.39 + 0443 357.10 + If you should require additional information, please feel free to contact me at 972.346.2640. Sincerely, Shanae Jennin Town Secre 04-44 182.66 + 04-51 40.066 + !� Town of Prosper P.O. Box 307 Prosper, Texas 75078 lylL).i F!-.L)U-4 May 15, 2004 IESI Attn: Mike Wilson 721 Anderson Street McKinney, TX 75069 VIA CERTIFIED MAIL RECEIPT NO. 7000 1530 0004 4810 1378 RE: Recent Annexations and New Ordinances Dear Mike: -)-to-_o-ru Enclosed please find copies of the following annexation ordinances which were recently annexed properties into the Town limits of Prosper. I am enclosing maps indicating the location of the annexed areas, along with the iegai description of each area. Ordinance No. Number of Acres Ordinance No. Number of Acres 03-6 645.426 + Ordinance No. Number of Acres 03-66 645.426 ± 04-10 ETJ Expansion 2,174 + 04-28 30.000 + 03-67 80.37 +_ 04-11 ETJ Expansion 519.49 + 04-29 39.133 + 03-68 61.7 + 04-12 ETJ Expansion 182.66 + 04-30 79.52 + 04-04 146.407 + 04-17 204.775 + 04-31 15.00 + 04-05 199.407 + 04-18 71.914+ 0442 162.39 + 04-06 29.664 + 04-19 125.58 + 04-43 357.10 + 04-07 149.997 + 04-20 130.45 + 04-44 182.66 + 04-08 157.98 + 04-21 17.2988 + 04-51 40.066 + 04-22 139.90 + 04-23 41.166 + 04-27 104.483 + If you should require additional information, please feel free to contact me at 972.346.2640. Sincerely, Shanae Jenni gas Town Secretary i P.O. Box 307 Prosper, Texas 75078 (972)347-23U4 May 15, 2004 Oncor Electric/Gas Attn: Gerald C. Perrin 400 W. Virginia McKinney, Texas 75069 VIA CERTIFIED MAIL RECEIPT NO. 7000 1530 0004 4810 4514 Metro (972) 340-2040 RE: Recent Annexations and New Ordinances Dear Gerald: Enclosed please find copies of the following annexation ordinances which were recently annexed properties into the Town limits of Prosper. I am enclosing maps indicating the location of the annexed areas, along with the legal description of each area. Ordinance No. Number of Acres 03-65 645.426 + 03-66 645.426 + 03-67 80.37 + 03-68 61.7 + 04-04 146.407 + 04-05 199.407 + 04-06 29.664 + 04-07 149.997 + 04-08 157.98 + Ordinance No. Number of Acres 04-10 ETJ Expansion 2,174 + 04-11 ETJ Expansion 519.49 + 04-12 ETJ Expansion 182.66 + 04-17 204.775 + 04-18 71.914+ 04-19 125.58 + 04-20 130.45 + 04-21 17.2988 + 04-22 139.90 + 04-23 41.166 + 04-27 104.483 + Ordinance No. Number of Acres 04-23 30.000 + 04-29 39.133 + 04-30 79.52 + 04-31 15.00 + 0442 162.39 + 0443 357.10 + 04-44 182.66 + 04-51 40.066 + If you should require additional information, please feel free to contact me at 972.346.2640. Sincerely, Shanae Jennings Town Secretary TO-4 AA (JI 'Lk-)6PIZA v / P.O. Box 307 Prosper, Texas 75078 ,..,,v �J,_i --r,, _ May 15, 2004 Southwestern Bell Telephone Company Texas Municipal Relations Attn: Julia Freeman 308 S. Akard, Room 1104 Dallas, TX 75202 VIA CERTIFIED MAIL RECEIPT NO. 7000 1530 0004 4811 4521 RE: Recent Annexations and New Ordinances Dear Julia: Enclosed please find copies of the following annexation ordinances which were recently annexed properties into the Town limits of Prosper. I am enclosing maps indicating the location of the annexed areas, along with the legal description of each area. Ordinance No. Number of Acres 03-05 645.426 + 03-66 645.426 + 03-67 80.37 + 03-68 61.7 + 04-04 146.407 + 04-05 199.407 + 04-06 29.664 + 04-07 149.997 + 04-08 157.98 + Ordinance No. Number of Acres 04-10 ETJ Expansion 2,174 +_ 04-11 ETJ Expansion 519.49 + 04-12 ETJ Expansion 182.66 + 04-17 204.775 + 04-18 71.914 + 04-19 125.58 + 04-20 130.45 + 04-21 17.2988 + 04-22 139.90 + 04-23 41.166 + 04-27 104.483 + Ordinance No. Number of Acres 04-28 30.000 + If you should require additional information, please feel free to contact me at 972.346.2640. Sincerely, Shanae Jennings Town Secretary 04-29 39.133 + 04-30 79.52 + 04-31 15.00 + 04-42 162.39 + 04-43 357.10 + 0444 182.66 + 04-51 40.066 + 3 y!� 11 Df r L,3- -7 P.O. Box 307 J Prosper, 1 exas 75078 !� (972) 347-2304 Lvletro (972) 346-2640 May 15, 2004 Denton County Dept. of Public Works Planning and GIS Office Attn: Mark Lindsay 306 N. Loop 288, Suite 115 Denton, TX 76209 VIA CERTIFIED MAIL RECEIPT NO. 7000 1530 0004 4811 4538 RE: Recent Annexations and New Ordinances Dear Mark: Enclosed please find copies of the following annexation ordinances which were recently annexed properties into the Town limits of Prosper. I am enclosing maps indicating the location of the annexed areas, along with the legal description of each area. Ordinances 04-28, 04-31, 04-42, 04-43 and 04-44 are Denton County Annexations, as well as 4-10, 4-11 and 4-12 for the ETJ Expansions. Ordinance No. Number of Acres 03-65 645.426 + 03-06 645.426 + 03-07 80.37 + 03-68 61.7 + 04-04 146.407 + 04-05 199.407 + 04-06' 29.664 + 04-07 149.997 + 04-08 157.98 + Ordinance No. Number of Acres 04-10 ETJ Expansion 2,174 + 04-11 ETJ Expansion 519.49 + 04-12 ETJ Expansion 182.66 + 04-17 204.775 + 04-18 71.914 + 04-19 125.58 + 04-20 130.45 + 04-21 17.2988 + 04-22 139.90 + 04-23 41.166 + 04-27 104.483 + Ordinance No. Number of Acres 04-28 30.000 ± 04-29 39.133 + 04-30 79.52 + 04-31 15.00 + 04-42 162.39 + 0443 357.10 + 0444 182.66 + 04-51 40.066 + If you should require additional information, please feel free to contact me at 972.346.2640. Sincerely, Shanae Jennings Town Secretary Town of Prosper P.O. Box 307 Prosper, Texas 75078 (972) 347-2304 Metro (972) 346-2640 Fax (972) 347-2111 May 15, 2004 Denton County Courts Building 1450 E. McKinney St. Denton, TX 76209 VIA CERTIFIED MAIL RECEIPT NO. 7000 1530 0004 4811 4491 RE: Recent Annexations and New Ordinances Dear Mam or Sir: Enclosed please find copies of the following annexation ordinances which were recently annexed properties into the Town limits of Prosper. I am enclosing maps indicating the location of the annexed areas, along with the legal description of each area. Ordinances 04-28, 04-31, 04-42, 04-43 and 04-44 are Denton County Annexations, as well as 4-10, 4-11 and 4-12 for the ETJ Expansions. Ordinance No. Number of Acres 03-05 645.426 + 03-66 645.426 + 03-07 80.37 + 03-08 61.7 + 04-04 146.407 + 04-05 199.407 + 04-06 29.664 + 04-07 149.997 + 04-08 157.98 + Ordinance No. Number of Acres 04-10 ETJ Expansion 2,174 + 04-11 ETJ Expansion 519.49 + 04-12 ETJ Expansion 182.66 +_ 04-17 204.775 + 04-18 71.914 + 04-19 125.58 + 04-20 130.45 + 04-21 17.2988 + 04-22 139.90 + 04-23 41.166 + 04-27 104.483 + Ordinance No. Number of Acres 04-28 30.000 + 04-29 39.133 + 04-30 79.52 + 04-31 15.00 + 0442 162.39 + 0443 357.10 + 0444 182.66 + 04-51 40.066 + If you should require additional information, please feel free to contact me at 972.346.2640. Sin rely, acw_" - Shanae Jennie t� Town Secretary _ Town of Prosper P.C. Box 307 1 ul �riV Prosper, Texas 75078 L' �JIL) J-+ -Gju+ May 15, 2004 Texas State Data Center Population Estimates Program Dept. of Rural Sociology 2125 TAMU College Station, TX 77843-9988 VIA CERTIFIED MAIL RECEIPT NO. 7000 1530 0004 4811 4507 RE: Recent Annexations and New Ordinances Dear Steve Murdock, Enclosed please find copies of the following annexation ordinances which were recently annexed properties into the Town . limits of Prosper. I am enclosing maps indicating the location of the annexed areas, along with the legal "description of each area. Ordinance No. No. of Acres 03-65 645.426 + 03-66 645.426 + 03-67 80.37 + 03-08 61.7 + 04-04 146.407 + 04-05 199.407 + 04-06 29.664 + 04-07 149.997 + 04-08 157.98 + Ordinance No. Number of Acres 04-10 ETJ Expansion 2,174 + _ 04-11 ETJ Expansion 519.49 + 04-12 ETJ Expansion 182.66 + 04-17 204.775 + 04-18 71.914+ 04-19 125.58 + 04-20 130.45 + 04-21 17.2988 + 04-22 139.90 + 04-23 41.166 + 04-27 104.483 + Ordinance No. Number of Acres 04-28 30.000 + 04-29 39.133 + 04-30 79.52 + 04-31 15.00 + 04-42 162.39 + 04-43 357.10 + 0444 182.66 + 04-51 40.066 + If you should require additional information, please feel free to contact me at 972.346.2640. Sin erely, Shanae Jenn' Town Secretary 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 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. PROSPER 80, LTD. a Texas limited partnership By: Bronson Holdings, L.L.C., a Texas limited Ila ility co pany, THE STATE OF TEXAS its sole general pa COUNTY OF t(✓ 6 I �n ey. S n o dman, Administrator Before me, the undersigned authority, on this day personally appeared -,AC" r--ZA own to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me tiiat he or she executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office, this 77+ day of J clr> uCtr-� , 2063. ELIZABETH A. RIGG 1 Notary Public, State of TexasV�- �� y; My Commission Expires Notary Public in affd for the State of Texas :,f���;.•° Ootober 19, 2004 „111,Y My Town Council expires:_ �C/�j 10 Owner's Signature #2 (if applicable) THE STATE OF TEXAS COUNTY OF Before me, the undersigned authority, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he or she executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office, this day of , 20 (SEAL) Notary Public in and for the State of Texas $250.00 Application Fee for Annexations _C FD JAN 2_$12004 My Town Council expires: 15 6a' f 1 � �: � � ..• � BOUN ,- RY DESCRIPTION FOR AINn,'EX.ATION BEING a tract of land located in the COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147, Prosper, Collin County, Texas and being a part of a tract of lard described in Deed to Prosper 80, Ltd., recorded in Volume 5103, Page 3723, Deed Records, Collin County, Texas and being more particularly described as follows: BEGINNING at the Southwest corner of said Proper 80, Ltd. tract; THENCE North 01 degrees 41 minutes 53 seconds West, a distance of 1,325.03 feet to a poilit'it. (."o lAy'Road No.. 49 at the Northeast corner of said Prosper. 80, Lt-ol- 'Uac?. THENCE North-88 degrees 22 minutes 32 seconds East, a distance of 2,640.-0 `: to a point at the Northeast corner of said Proper 80, Ltd. tract; THENCE South 01 degrees 02 minutes 54 seconds East, along the East line of said ?(1, L td. tract, distance of 811.57 feet to a point for corner; Prosper THENCE South 01 degrees 33 minutes 44 seconds East, a distance of 495.70 feet to a point at the Southeast corner of said Prosper 80, Ltd tract; THENCE South 88 degrees 04 minutes 25 seconds West. along the South line of said Prosper 80, Ltd. tract, a distance of 1,317.96 feet to a point for corner; THENCE South 87 degrees 53 minutes 55 seconds West, continuing along the South line of said Prosper 80, Ltd. tract, a distance of 1,178.45 feet _o a point for corner; THENCE South 87 degrees 55 minutes 55 seconds West, a distance of 133.66 feet to a point for corner at the POINT OF BEGINNING and containing 79.52 acres of land, more or less. M, Sean Shropshire Registered Professional Land Surveyor No. 5674 S T8,9 SEA SHROPSHIRE A ' 6674 .�-Q-? -oq�°ass �Qe1% This description is for annexation purposes only and derived tom the Deed recorded :n Volume 5103, Page 723. D.R.C.C.T. S: • Dahl_OQ 1 `01.050t 101050 D ESC-A NN EX2.doc Page -& o f 4 COUNTY ROAD NO. 5 1/26/04 Page 2 of 4 NORTH IODD 15DO :ALE IN FEET DESCRIPTION i tract of land located in the COWN COUNTY SCHOOL LAND ABSTRACT NO. 147, Prosper, Collin County, Texas and part of a tract of land described in Deed to Prosper 80, corded in Volume 5103, Paye 3723, Deed Records, Collin Texas and being more particularly described as follows: NG at the Southwest comer of said Proper 80, Ltd. tract; North 01 degrees 41 minutes 53 seconds West, a distance 5.03 feet to a point in County Road No. 49 at the st comer of said Prosper 80, Ltd. tract; North 88 degrees 22 minutes 32 seconds East, a distance 0.40 feet to a point at the Northeast comer of said Proper tract; South 01 degrees 02 minutes 54 seconds East, along the e of said Prosper 80, Ltd. trcct, a distance of 811.57 feet pint for corner, South 01 degrees 33 minutes 44 seconds East, a distant, 70 feet to a point at the Southeast comer of said Prosp` tract; South 88 degrees 04 minutes 25 seconds West, along the ine of said Prosper 80, Ltd. trcct, a distance of 1,317.96 a point for comer, South 87 degrees 53 minutes 55 seconds West, continuing he South line of said Prosper 80, Ltd. trcct, a distance of 5 feet to a point for comer, South 87 degrees 55 minutes 55 seconds West, a distance 56 feet to the POINT OF BEGINNING and containing 79.52 ,f land, more or less. ANNEXATION EXHIBIT 79.52 ACRES OUT OF THE .LIN COUNTY SCHOOL LAND SURVEY NO. 12 ABSTRACT NO. 147 PROSPER, COLLIN COUNTY, TEXAS 01050 113 W. Broadway P.O. Box 307 Prosper,Texas 75078 (972)346-2640 (972) 347-2111 (fax) February 6, 2004 To whom it may concern, Notice is hereby given of the Town of Prosper's intention to annex the following described property: JEREMIAH HORN SURVEY, ABSTRACT NO.411, COLLIN COUNTY, TEXAS, CONTAINING 104.483 ACRES OF LAND, AND BEING MORE GENERALLY LOCATED AT THE NORTH SIDE OF US 380, APPROXIMATELY 950 FEET WEST OF FM 2478. (A 2004-08) F. WILKERSON SURVEY, ABSTRACT NO. 1411, AND J. MORTON SURVEY, ABSTRACT NO. 793, DENTON COUNTY, TEXAS, CONTAINING 30.000 ACRES OF LAND, AND BEING MORE GENERALLY LOCATED AT THE SOUTHEAST CORNER OF FM 1385 AND PARVIN ROAD. (A 2004-09) SPENCER RICE SURVEY, ABSTRACT NO. 787, COLLIN COUNTY, TEXAS, CONTAINING 39.133 ACRES OF LAND, AND BEING MORE GENERALLY LOCATED AT THE SOUTH SIDE OF SPUR 439, 700 FEET WEST OF SH 289. (A 2004-10) COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147, COLLIN COUNTY, TEXAS, CONTAINING 79.52 ACRES OF LAND, AND BEING MORE GENERALLY LOCATED AT THE EAST SIDE OF CR 49, APPROXIMATELY 1500 FEET SOUTH OF CR 5. (A 2004-11) L. NEATHERLY SURVEY, ABSTRACT NO. 962, J. DORRETT-SURVEY, ABSTRACT NO. 350, AND E. HAWKINS SURVEY, ABSTRACT NO. 581, DENTON COUNTY, TEXAS, AND THE COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147, COLLIN COUNTY, TEXAS, CONTAINING 162.39 ACRES OF LAND, AND BEING MORE GENERALLY LOCATED AT THE NORTHWEST CORNER OF US 380 AND COUNTY LINE ROAD. (A 2004-12) L. NEATHERLY SURVEY, ABSTRACT NO. 962, J. DORRETT SURVEY, ABSTRACT NO. 350, AND E. HAWKINS SURVEY, ABSTRACT NO. 581, DENTON COUNTY, TEXAS, AND THE COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147, COLLIN COUNTY, TEXAS, CONTAINING 357.10 ACRES OF LAND, AND BEING MORE GENERALLY LOCATED AT THE NORTH SIDE OF US 380, APPROXIMATELY 690 FEET WEST OF COUNTY LINE ROAD. (A 2004- 13) L. NEATHERLY SURVEY, ABSTRACT NO. 962, AND E. HAWKINS SURVEY, ABSTRACT NO. 581, DENTON COUNTY, TEXAS, CONTAINING 182.66 ACRES OF LAND, AND BEING MORE GENERALLY LOCATED AT THE SOUTH SIDE OF FISHTRAP ROAD, APPROXIMATELY 2120 FEET WEST OF COUNTY LINE ROAD. (A 2004-14) J. HAYNES SURVEY, ABSTRACT NO. 625, DENTON COUNTY, TEXAS, CONTAINING 15.000 ACRES OF LAND, AND BEING MORE GENERALLY LOCATED AT THE NORTHEAST CORNER OF US 380 AND FM 1385. (A 2004-15) A. ROBERTS SURVEY, STRACT NO. 1115, DENTON COUN , TEXAS, CONTAINING 170.50 ACRES OF LAND, AND BEING MORE GENERALLY LOCATED AT THE SOUTH SIDE OF PARVIN ROAD, APPROXIMATELY 4650 FEET EAST OF GOODHOPE ROAD. (A 2004-16 {a}) A. ROBERTS SURVEY, ABSTRACT NO. 1115; B.L. RUE SURVEY, ABSTRACT NO. 1113; L. NETHERLY SURVEY, ABSTRACT NO. 962; T. BUTTON SURVEY, ABSTRACT NO. 88; M.E.P. & P.R.R. SURVEY, ABSTRACT NO. 1476; AND C.L. SMITH SURVEY, ABSTRACT NO. 1681, DENTON COUNTY, TEXAS, CONTAINING 573.26 ACRES OF LAND, AND BEING MORE GENERALLY LOCATED AT THE NORTHWEST CORNER OF FIELDS ROAD AND US 380. (A 2004-17 {b}) B.L. RUE SURVEY, ABSTRACT NO. 1113; M.E.P. & P.R.R. SURVEY, ABSTRACT'NO. 1476; C.L. SMITH SURVEY, ABSTRACT NO. 1681; J.P. BATES SURVEY, ABSTRACT NO. 1620; AND R. YATES SURVEY, ABSTRACT NO. 1538, DENTON COUNTY, TEXAS, CONTAINING 688.67 ACRES OF LAND, AND BEING MORE GENERALLY LOCATED AT THE SOUTHEAST CORNER OF PARVIN ROAD AND GOODHOPE ROAD. (A 2004-18 {c}) J. SAILING SURVEY, ABSTRACT NO. 1675; P. BARNES SURVEY, ABSTRACT NO. 79; A. JAMISON SURVEY, ABSTRACT NO. 672; J. MORTON SURVEY, ABSTRACT NO. 793; L. RUE SURVEY, ABSTRACT NO. 1110; P. RUE SURVEY, ABSTRACT NO. 1665; R. YATES SURVEY, ABSTRACT NO. 1538; H. SAILING SURVEY, ABSTRACT NO. 1628; J. TETER SURVEY, ABSTRACT NO. 1262, DENTON COUNTY, TEXAS, CONTAINING 488.64 ACRES OF LAND AND BEING MORE GENERALLY LOCATED AT THE NORTHEAST CORNER OF GEE ROAD AND US 380. (A 2004-19 {d}) P. BARNES SURVEY, ABSTRACT NO. 79; B.R. HODGES SURVEY, ABSTRACT NO. 593; A. JAMISON SURVEY, ABSTRACT NO. 672; B. WEEDON SURVEY, ABSTRACT NO. 1369; J. MORTON SURVEY, ABSTRACT NO. 793; L. RUE SURVEY, ABSTRACT NO. 1110; H. SAILING SURVEY, ABSTRACT NO. 1628, DENTON COUNTY, TEXAS, CONTAINING 220.34 ACRES OF LAND AND BEING MORE GENERALLY LOCATED AT THE NORTH SIDE OF US 380, 3,400 FEET WEST OF GEE ROAD. (A 2004-20 {e}) If you have any questions, please contact me, at 972.346.2640. Thank you, . Shanae Jennings Town Secretary • Annexation Calendar 2004-11 Prosper 80, LTD Date Action Jan. 26, 2004 Deadline to submit annexation to staff Feb. 6, 2004 Mail Annexation Letters to nearby service providers Feb. 10, 2004 1) Council Acceptance of Annexation Petition. 2) Set Dates for 2 Public Hearings and Call for Service Plan. Feb. 26, 2004 1) Notices posted in Dallas Morning News for 1" and 2nd Public Hearings. 2) Notice posted on Town Website for 1" & 2nd Public Hearings. March 9, 2004 Presentation of Service Plan and 1 st Public Hearing with Town Council March 23, 2004 1) 2nd Public Hearing with Town Council 2) Annexation Initiated April 13, 2004 1) Consideration and possible adoption of Annexation Ordinance including Service Plan April 18, 2004 Publication of Ordinance Caption in the Dallas Morning News All dates listed are tentative and may be subject to change. They have been provided as a courtesy for those interested in this action. The timing for actions related to annexation is proscribed by the Texas Local Government Code and all actions must be completed within 90 days from the initiation of the annexation process. Df Prosper Memorandum To: Mayor and Town Council From: Shanae Jennings, Town Secretary Xc: Doug Mousel, Town Administrator Subject: Item 2d of April 13, 2004 Town Council Meeting Re: Annexation of 79.52 acres generally located at the east side of CR 49, approximately 1,500 feet south of CR 5. (A 2004-11, Prosper 80, LTD) Description: Council accepted the petition for the voluntary annexation of 79.52 acres generally located at the east side of CR 49, approximately 1,500 feet south of CR 5 at their February 10, 2004 meeting. Two public hearings regarding the proposed annexation were conducted by Council at .their March 9, 2004 and March 23, 2004 meetings. Following is an ordinance to annex the property. Recommendation: Staff recommends approval of the ordinance to annex the property. X Prosper Memorandum To: Mayor and Town Council From: Shanae Jennings, Town Secretary Xc: Doug Mousel, Town Administrator Subject: Item 9 of March 23, 2004 Town Council Meeting Re: Second Public Hearing for Annexation of 79.52 acres generally located at the east side of CR 49, approximately 1,500 feet south of CR 5. (A 2004-11, Prosper 80, LTD) Description: Council accepted the petition for the voluntary annexation of 79.52 acres generally located at the east side of CR 49, approximately 1,500 feet south of CR 5 at their February 10, 2004 meeting. This is the second of two public hearings required to annex the property. The first public hearing was conducted at the March 9, 2004 Council meeting. Following is the service plan for the property. Recommendation: Staff recommends that Council receive any input at the public hearing. Following the public hearing, no Council action is required. .. _- Jf Prosper Memorandum To: Mayor and Town Council From: Shanae Jennings, Town Secretary Xc: Doug Mousel, Town Administrator Subject: Item 7 of March 9, 2004 Town Council Meeting Re: First Public Hearing for Annexation of 79.52 acres generally located at the east side of CR 49, approximately 1500 feet south of CR 5. (A 2004- 11, Prosper 80, LTD) Description: Council accepted the petition for the voluntary annexation of 79.52 acres generally located at the east side of CR 49, approximately 1500 feet south of CR 5 at their February 10, 2004 meeting. This is the first of two public hearings required to annex the property. Following is the service plan for the property. Recommendation: Staff recommends that Council receive any input at the public hearing. Following the public hearing, no Council action is required. so complete Desired. n the reverse to you. the mailpiece, . v521b�7 Domestic Also complete Is desired. ; on the reverse rd to you. of the mailpiece, sits. A. Signature ❑ Agent ❑ Addresses B. Received by (Printed Name) C. Date of Delivery D..Is delivery address different from item 1? ❑ Yes if YES, enter delivery address below: ❑ No V 3. S�e ce Type [Z Certified Mail ❑ Express Mail istered ❑ Return Receipt for Merchandise "u Mail -1 C.O.D. V'RAc4eliver; (Extra Fee) ❑ Yes 2ACPRI-03-P-4081 A. Si re ❑ Agent X ❑ Addressee B. Receiv by ( rinted N ) C. Date of Delivery D. Is delivery address different from item 14 ❑ Yes L if YES, enter delivery address below: ❑ No • 3. Se Ice Type Certified Mail ❑ Registered ❑ Express Mail ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes Domestic Return Receipt 2ACPRI-03-P-4081 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ® Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: /y• , w lob/fig A A. Signature �+ ❑ Agent X ❑ Addressee B. Received 9WqtM%-ntea N&me C. Date of Delivery D. Is delivery address different from item 1? ❑ Yes if YES, enter delivery address below: ❑ No 3. �ice Type 7Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise I] Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (transfer from service label) PS Form 3811, August 2001 Domestic ReturnReceipt 2ACPRI-03-P a081 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. m Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: rIS 2. Article Number (Transfer from service label) PS Form 3811, August 2001 A. Signature Agent X ❑ Addre B. Received by (Printed Name) C. Da a of D �Llber4a '" ha r S' 2G D D. Is delivery address different from item 1? ❑ Yes if YES, enter delivery address below: ❑ No 3. Se ce Type Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes Domestic Return Receipt III �2 2ACPRI-03-P-4081 Town of Prospeje P.O. Box 307 Prosper, Texas 75078 (972) 346-2640 www.i)rospertK.gov February 19, 2004 Dallas Morning News ATTN: Lynda Black P.O. Box 655237 Dallas, Texas 75265-5237 RE: Publication of Notice for Public Hearings on Annexations Dear Lynda, Fax (972) 347-2111 Please publish the following captions giving notice for public hearings on annexations one time in your Friday, February 23, 2004 edition of the Dallas Morning News, Collin County Section. Publisher's affidavit is requested. Thank you! TOWN OF PROSPER, TEXAS NOTICE OF PUBLIC HEARINGS ON ANNEXATION Notice is hereby given that public hearings will be held by the Governing Body of the Town of Prosper, Texas, in the First Baptist Church Children's Building, 601 S. Church Street, at 7:00 p.m., on March 9, 2004, and March 23, 2004, for the purpose of considering the annexation of the following described properties: JEREMIAH HORN SURVEY, ABSTRACT NO.411, COLLIN COUNTY, TEXAS, CONTAINING 104.483 ACRES OF LAND, AND BEING MORE GENERALLY LOCATED AT THE NORTH SIDE OF US 380, APPROXIMATELY 950 FEET WEST OF FM 2478. F. WILKERSON SURVEY, ABSTRACT NO. 1411, AND J. MORTON SURVEY, ABSTRACT NO. 793, DENTON COUNTY, TEXAS, CONTAINING 30.000 ACRES OF LAND, AND BEING MORE GENERALLY LOCATED AT THE SOUTHEAST CORNER OF FM 1385 AND PARVIN ROAD. SPENCER RICE SURVEY, ABSTRACT NO. 787, COLLIN COUNTY, TEXAS, CONTAINING 39.133 ACRES OF LAND, AND BEING MORE GENERALLY LOCATED AT THE SOUTH SIDE OF SPUR 439, 700 FEET WEST OF SH 289. COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147, COLLIN COUNTY, TEXAS, CONTAINING 79.52 ACRES OF LAND, AND BEING MORE GENERALLY LOCATED AT THE EAST SIDE OF CR 49, APPROXIMATELY 1500 FEET SOUTH OF CR 5. L. NEATHERLY SURVEY, ABSTRACT NO.962, J. DORRETT SURVEY, ABSTRACT NO.350, AND E. HAWKINS SURVEY, ABSTRACT NO.581, DENTON COUNTY, TEXAS, AND THE COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147, COLLIN COUNTY, TEXAS, CONTAINING 162.39 ACRES OF LAND, AND BEING MORE GENERALLY LOCATED AT THE NORTHWEST CORNER OF US 380 AND COUNTY LINE ROAD. L. NEATHERLY SURVEY, ABSTRACT NO. 962, J. DORRETT SURVEY, ABSTRACT NO. 350, AND E. HAWKINS SURVEY, ABSTRACT NO. 581, DENTON COUNTY, TEXAS, AND THE COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147, COLLIN COUNTY, TEXAS, CONTAINING 357.10 ACRES OF LAND, AND BEING MORE GENERALLY LOCATED AT THE NORTH SIDE OF US 380, APPROXIMATELY 690 FEET WEST OF COUNTY LINE ROAD. I L. NEATHERLY SURVEY, ABSTRACT NO.962, AND E.1HAWKINS SURVEY, ABSTRACT NO.581, DENTON COUNTY, TEXAS, CONTAINING 182.66 ACRES OF LAND, AND BEING MORE GENERALLY LOCATED AT THE SOUTH SIDE OF FISHTRAP ROAD, APPROXIMATELY 2120 FEET WEST OF COUNTY LINE ROAD. J. HAYNES SURVEY, ABSTRAC . 625, DENTON COUNTY, TEXAS, CONT "' 15.000 ACRES OF LAND, AND BEING MORE GENERALLY LOCATED E NORTHEAST CORNER OF US 380 ANDW385. A. ROBERTS SURVEY, ABSTRACT NO. 1115, DENTON COUNTY, TEXAS, CONTAINING 170.50 ACRES OF LAND, AND BEING MORE GENERALLY LOCATED AT THE SOUTH SIDE OF PARVIN ROAD, APPROXIMATELY 4650 FEET EAST OF GOODHOPE ROAD. A. ROBERTS SURVEY, ABSTRACT NO.1115; B.L. RUE SURVEY, ABSTRACT NO.1113; L. NETHERLY SURVEY, ABSTRACT NO.962; T. BUTTON SURVEY, ABSTRACT NO.88; M.E.P. & P.R.R. SURVEY, ABSTRACT NO.1476; AND C.L. SMITH SURVEY, ABSTRACT NO.1681, DENTON COUNTY, TEXAS, CONTAINING 573.26 ACRES OF LAND, AND BEING MORE GENERALLY LOCATED AT THE NORTHWEST CORNER OF FIELDS ROAD AND US 380. B.L. RUE SURVEY, ABSTRACT NO.1113; M.E.P. & P.R.R. SURVEY, ABSTRACT NO.1476; C.L. SMITH SURVEY, ABSTRACT NO.1681; J.P. BATES SURVEY, ABSTRACT NO.1620; AND R. YATES SURVEY, ABSTRACT NO.1538, DENTON COUNTY, TEXAS, CONTAINING 688.67 ACRES OF LAND, AND BEING MORE GENERALLY LOCATED AT THE SOUTHEAST CORNER OF PARVIN ROAD AND GOODHOPE ROAD. J. SAILING SURVEY, ABSTRACT NO.1675; P. BARNES SURVEY, ABSTRACT NO.79; A. JAMISON SURVEY, ABSTRACT NO.672; J. MORTON SURVEY, ABSTRACT NO.793; L. RUE SURVEY, ABSTRACT NO. 1110; P. RUE SURVEY, ABSTRACT NO.1555; R. YATES SURVEY, ABSTRACT NO. 1538; H. SAILING SURVEY, ABSTRACT NO.1628; J. TETER SURVEY, ABSTRACT NO.1262, DENTON COUNTY, TEXAS, CONTAINING 488.64 ACRES OF LAND AND BEING MORE GENERALLY LOCATED AT THE NORTHEAST CORNER OF GEE ROAD AND US 380. P. BARNES SURVEY, ABSTRACT NO.79; B.R. HODGES SURVEY, ABSTRACT NO.593; A. JAMISON SURVEY, ABSTRACT NO.672; B. WEEDON SURVEY, ABSTRACT NO.1369; J. MORTON SURVEY, ABSTRACT NO.793; L. RUE SURVEY, ABSTRACT NO.1110; H. SAILING SURVEY, ABSTRACT NO.1628, DENTON COUNTY, TEXAS, CONTAINING 220.34 ACRES OF LAND AND BEING MORE GENERALLY LOCATED AT THE NORTH SIDE OF US 380, 3,400 FEET WEST OF GEE ROAD. All interested citizens and property owners are hereby notified of their right to appear and be heard on the matter. Shanae Jennings, Town Secretary Town of Prosper TOWN OF PROSPER, TEXAS ��-- NOTICE OF PUBLIC HEARINGS ON ANNEXATION Notice is hereby given that public hearings will be held by the Governing Body of the Town of Prosper, Texas, in the First Baptist Church Children's Building, 601 S. Church Street, at 7:00 p.m., on March 9, 2004, and March 23, 2004, for the purpose of considering the annexation of the following described properties: JEREMIAH HORN SURVEY, ABSTRACT NO.411, COLLIN COUNTY, TEXAS, CONTAINING 104.483 ACRES OF LAND, AND BEING MORE GENERALLY LOCATED AT THE NORTH SIDE OF US 380, APPROXIMATELY 950 FEET WEST OF FM 2478. F. WILKERSON SURVEY, ABSTRACT NO.1411, AND J. MORTON SURVEY, ABSTRACT NO.793, DENTON COUNTY, TEXAS, CONTAINING 30.000 ACRES OF LAND, AND BEING MORE GENERALLY LOCATED AT THE SOUTHEAST CORNER OF FM 1385 AND PARVIN ROAD. SPENCER RICE SURVEY, ABSTRACT NO. 787, COLLIN COUNTY, TEXAS, CONTAINING 39.133 ACRES OF LAND, AND BEING MORE GENERALLY LOCATED AT THE SOUTH SIDE OF SPUR 439, 700 FEET WEST OF SH 289. COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO.147, COLLIN COUNTY, TEXAS, CONTAINING 79.52 ACRES OF LAND, AND BEING MORE GENERALLY LOCATED AT THE EAST SIDE OF CR 49, APPROXIMATELY 1500 FEET SOUTH OF CR 5. L. NEATHERLY SURVEY, ABSTRACT NO.962, J. DORRETT SURVEY, ABSTRACT NO.350, AND E. HAWKINS SURVEY, ABSTRACT NO.581, DENTON COUNTY, TEXAS, AND THE COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO.147, COLLIN COUNTY, TEXAS, CONTAINING 162.39 ACRES OF LAND, AND BEING MORE GENERALLY LOCATED AT THE NORTHWEST CORNER OF US 380 AND COUNTY LINE ROAD. L. NEATHERLY SURVEY, ABSTRACT NO. 962, J. DORRETT SURVEY, ABSTRACT NO. 350, AND E. HAWKINS SURVEY, ABSTRACT NO. 581, DENTON COUNTY, TEXAS, AND THE COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147, COLLIN COUNTY, TEXAS, CONTAINING 357.10 ACRES OF LAND, AND BEING MORE GENERALLY LOCATED AT THE NORTH SIDE OF US 380, APPROXIMATELY 690 FEET WEST OF COUNTY LINE ROAD. L. NEATHERLY SURVEY, ABSTRACT NO.962, AND E. HAWKINS SURVEY, ABSTRACT NO.581, DENTON COUNTY, TEXAS, CONTAINING 182.66 ACRES OF LAND, AND BEING MORE GENERALLY LOCATED AT THE SOUTH SIDE OF FISHTRAP ROAD, APPROXIMATELY 2120 FEET WEST OF COUNTY LINE ROAD. J. HAYNES SURVEY, ABSTRACT NO. 625, DENTON COUNTY, TEXAS, CONTAINING 15.000 ACRES OF LAND, AND BEING MORE GENERALLY LOCATED AT THE NORTHEAST CORNER OF US 380 AND FM 1385. A. ROBERTS SURVEY, ABSTRACT NO.1115, DENTON COUNTY, TEXAS, CONTAINING 170.50 ACRES OF LAND, AND BEING MORE GENERALLY LOCATED AT THE SOUTH SIDE OF PARVIN ROAD, APPROXIMATELY 4650 FEET EAST OF GOODHOPE ROAD. A. ROBERTS SURVEY, ABSTRACT NO.1115; B.L. RUE SURVEY, ABSTRACT NO.1113; L. NETHERLY SURVEY, ABSTRACT NO.962; T. BUTTON SURVEY, ABSTRACT NO.88; M.E.P. & P.R.R. SURVEY, ABSTRACT NO.1476; AND C.L. SMITH SURVEY, ABSTRACT NO.1681, DENTON COUNTY, TEXAS, CONTAINING 573.26 ACRES OF LAND, AND BEING MORE GENERALLY LOCATED AT THE NORTHWEST CORNER OF FIELDS ROAD AND US 380. B.L. RUE SURVEY, ABSTRACT NO.1113; M.E.P. & P.R.R. SURVEY, ABSTRACT NO.1476; C.L. SMITH SURVEY, ABSTRACT NO.1681; J.P. BATES SURVEY, ABSTRACT NO.1620; AND R. YATES SURVEY, ABSTRACT NO.1538, DENTON COUNTY, TEXAS, CONTAINING 688.67 ACRES OF LAND, AND BEING MORE GENERALLY LOCATED AT THE SOUTHEAST CORNER OF PARVIN ROAD AND GOODHOPE ROAD. t J. SAILING SURVEY, ABSTRACT NO.1675; P. BARNES SURVEY, ABSTRACT NO.79; A. JAMISON SURVEY, ABSTRACT NO.672; J. MORTON SURVEY, ABSTRACT NO.793; L. RUE SURVEY, ABSTRACT NO. 1110; P. RUE SURVEY, ABSTRACT NO.1555; R. YATES SURVEY, ABSTRACT NO. 1538; H. SAILING SURVEY, ABSTRACT NO. 1628; J. TETER SURVEY, ABSTRACT NO.1262, DENTON COUNTY, TEXAS, CONTAINING 488.64 ACRES OF LAND AND BEING MORE GENERALLY LOCATED AT THE NORTHEAST CORNER OF GEE ROAD AND US 380. P. BARNES SURVEY, ABSTRACT NO.79; B.R. HODGES SURVEY, ABSTRACT NO.593; A. JAMISON SURVEY, ABSTRACT NO.672; B. WEEDON SURVEY, ABSTRACT NO.1369; J. MORTON SURVEY, ABSTRACT NO.793; L. RUE SURVEY, ABSTRACT NO.1110; H. SAILING SURVEY, ABSTRACT NO.1628, DENTON COUNTY, TEXAS, CONTAINING 220.34 ACRES OF LAND AND BEING MORE GENERALLY LOCATED AT THE NORTH SIDE OF US 380, 3,400 FEET WEST OF GEE ROAD. All interested citizens and property owners are hereby notified of their right to appear and be heard on the matter. Shanae Jennings, Town Secretary Town of Prosper )f Prosper Memorandum To: Mayor and Town Council From: Shanae Jennings, Town Secretary Xc: Doug Mousel, Town Administrator Subject: Item 21 of February 10, 2004 Town Council Meeting Re: Annexation of 79.52 acres of land at the east side of CR 49, approximately 1500 feet south of CR 5. (A 2004-11, Prosper 80, LTD) Description: Prosper 80, LTD has submitted a petition for the voluntary annexation of 79.52 acres of land located at the east side of CR 49, approximately 1500 feet south of CR 5. Should the Council choose to accept the petition, staff will prepare a service plan and schedule the two public hearings to receive input on the annexation of the property. The hearings would be tentatively scheduled for March 9 and March 23, 2004. Recommendation: Staff recommends that Council accept the petition for annexation. Alternatives (if applicable): The Council may reject the petition for annexation. 113012L4311' 1:LLL0009601: 38 09913 511■ . DOWDEY, ANDERSON & ASSOCIATES, INC. 01 /27/2004 Check No.: 1 012143 ' • TO: • of • Ref. No. Description Invoice Amount Discountfe`taid N/A Anex app.fee Lakes of Prosper Check No.: 250.00 250.00 12143 012143 Ref„ No. Description Invoice Amount Disco-uht Net Paid '' ' N/A Anex •. of • • 250.00 250.00 COUNTY ROAD NO_5 N 88'22' 32"E 2640.40' S01'02'54"E zo 811.57' J w: N Ln W POINT OFul --------- BEGINNING S01 °33'44"E 495.70' --�- S87' 3'55"W S88-04'25"W 117'8.45' 1317.96 S87'55'55tW I 133.66' ! i 0) I I I Z ' --------- Q J O r-- I 01 , OWNER: PROSPER 80, LTD. 5700 W. PLANO PARKWAY, SUITE 3000 PLANO, TX 75093 972-735-0060 SURVEYOR / APPLICANT: �`DOWDEY, ANDERSON & ASSOCIATES, INC. 5225 Wage Creek Drive, Suke 200 Plano, Texas 75093 972-931-0694 1/26/04 2 of 4 M 0 500 100D 1500 SCALE 1N FEET LAM % : I I LEGAL DESCRIPTION BEING a tract of land located in the COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147. Prosper, Collin County, Texas and 'being a part of a tract of land described in Deed to Prosper 80, I\- Ltd., recorded in Volume 5103, Page 3723, Deed Records, Collin Q County, Texas and being more particularly described as follows: 1 BEGINNING at the Southwest corner of said Proper 80, Ltd. tract; O THENCE North 01 degrees 41 minutes 53 seconds West, a distance of 1.325.03 feet to a point in County Road No. 49 at the �► Northeast comer of said Prosper 80, Ltd. tract; = THENCE North 88 degrees 22 minutes 32 seconds East, a distance of 2,640.40 feet to a point at the Northeast corner of said Proper 80, Ltd. tract; THENCE South 01 degrees 02 minutes 54 seconds East, along the r East line of said Prosper 80, Ltd. trcct, a distance of 811.57 feet to a point for comer; THENCE South 01 degrees 33 minutes 44 seconds East, a distani�` of 495.70 feet to a point at the Southeast corner of said Prosp( 80, Ltd tract; - THENCE South 88 degrees 04 minutes 25 seconds West, along the South line of said Prosper 80, Ltd. trcct, a distance of 1,317.96 feet to a point for corner, THENCE South 87 degrees 53 minutes 55 seconds West, continuing olong the South line of said Prosper 80, Ltd. trcct, a distance of 1,178.45 feet to a point for comer, THENCE South 87 degrees 55 minutes 55 seconds West, a distance of 133.66 feet to the POINT OF BEGINNING and containing 79.52 acres of land, more or less. ANNEXATION EXHIBIT 79.52 ACRES OUT OF THE COLLIN COUNTY SCHOOL LAND SURVEY NO. 12 ABSTRACT NO. 147 PROSPER, COLLIN COUNTY, TEXAS 01050