04-107 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO.04-107
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, ABANDONING THE NORTHERN THIRTY
(30) FEET OF RIGHT-OF-WAY WHICH IS PART OF W. FIFTH STREET AND ADJACENT TO LOTS
2A, 2D, AND 2F OF BLOCK 2 OF THE MITCHELL ADDITION PLAT, AS RECORDED IN VOLUME
107, PAGE 588 OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS, AND SITUATED IN THE
COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147 IN COLLIN COUNTY, TEXAS;
PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR
AN EFFECTIVE DATE OF THIS ORDINANCE.
WHEREAS, the Town of Prosper, Texas ("Prosper") has received a request from Mary Ann Smith, Ronald
James Gentry, Christopher R. Perez, and Debbie R. Perez to abandon the northern thirty feet (30') of the right-of-way,
also know as W. Fifth Street, which is adjacent to Lots 2A, 2D, and 2F of Block 2 of the Mitchell Addition Plat, as recorded
in Volume 107, Page 588, of the deed records of Collin County, Texas and situated in the Collin County School Land
Survey, Abstract No. 147 in Collin County, Texas; and
WHEREAS, the Town Council of Prosper (the "Town Council") has held a public hearing on the abandonment
and notified the abutting property owners of the proposed abandonment of the portion of the right-of-way; and
WHEREAS, the Town Council has investigated and determined that it is in the best interest and forthe purpose
of benefiting the public generally to abandon a portion of this right-of-way, and it is not solely for the benefit of private
interest.
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: Abandonment of Portion of Right -of -Way. Prosper hereby abandons the northern thirty (30) feet of
the right-of-way, also known as W. Fifth Street, which is adjacent to Lots 2A, 2D, and 2F of Block 2 of the Mitchell
Addition Plat, as recorded in Volume 107, Page 588, of the deed records of Collin County, Texas and situated in the
Collin County School Land Survey, Abstract No. 147 in Collin County, Texas, which abandonment is more particularly
depicted in Exhibit "A" attached hereto and incorporated herein for all purposes (the "Abandoned Right -of -Way").
SECTION 3: Reservation of Easements. Prosper hereby reserves a fifteen (15) foot easement for the use and
purpose of constructing, reconstructing, repairing, altering, operating, rebuilding, replacing, relocating, removing and
perpetually maintaining public utilities in, upon, over, or across the Abandoned Right -of -Way.
SECTION 4: 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 5: 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
Page 1
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 6: Effective Date. This Ordinance shall be effective. immediately upon its passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS on this 9th day of
November, 2004.
APPROVED AS TO FORM:
arles Nis tiger, M
ATTESTED TO AND
CORRKTLY RECORDED BY:
Shanae Jennings, T�Secretary
Page 2
* * Right of Way Abandonment * *
All that certain tract or parcel of land situated in Lot 27 of subdivision No. 12 of the Collin County
School Land, City of Prosper, County of Collin, State of Texas, said tract being part of West Fifth
Street, (platted as 3rd Street) of Mitchells Addition to the Town of Prosper, County of Collin, State
of Texas, filed 08 March 1902, and recorded in volume 107 page 588 of deed records of the County
of Collin, State of Texas, and being more fully described as follows:
Beginning for the northeast corner of the tract being described herein at a found 112 inch rebar,
said rebar being the southeast corner of Block 2 of said addition, and said rebar being at the
intersection of the west line off. Coleman Street, and the north line of W. Fifth Street, said rebar
also being the southeast corner of a tract as described in deed to Brock Smith et ux, Mary Ann
Smith, filed 27 June 1983, and recorded in volume 1679 page 615 of said deed records;
Thence: South 00 degrees 22 minutes 28 seconds West, a distance of 26.21 feet to a set P2 inch steel
square tubing with a plastic cap marked Brennan 5560 for the southeast corner of this tract;
Thence: South 89 degrees 48 minutes 53 seconds West, a distance of 265.13 feet to a set 112 inch
steel square tubing with a plastic cap marked Brennan 5560 for the southwest corner of this tract;
Thence: North 00 degrees 12 minutes 23 seconds East, a distance of 28.41 feet to a set 112 inch steel
square tubing with a plastic cap marked Brennan 5560 far the northwest corner of this tract, said
tubing being the southwest corner of a tract as described in deed to Rene Perez et ux, Mary Ann
Perez, filed 13 August 1980, and recorded in volume 1291 page 95 of said deed records, and said
tubing being the southwest corner of said Block 2, said tubing also being at the intersection o;' the
east line of N. Main Street, and the north line of said W. Fifth Street;
Thence: South 89 degrees 42 minutes 31 seconds East, with the north line of said W Fifth Street,
and with the south line of said Block 2, a distance of 265.2 feet to the POINT OFBEGINNING mid
containing 0.166 of an acre of land.
24 September 2004
.O F
..........
ERIC BRENNAN
b..........................
va 5560
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Eric $rennan, Texas Registi
Professional Land Surveyor
Number 5560
Collin County School Land
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