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07-021 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 07-021 AN ORDINANCE PROVIDING FOR THE VOLUNTARY ANNEXATION OF A TRACT OF LAND SITUATED IN THE COLLIN • COUNTY SCHOOL LAND SURVEY, ABSTRACT172, COLLIN COUNTY, TEXAS, CONTAINING APPROXIMATELY 99.11 ACRES OF LAND, AND BEING MORE GENERALLY LOCATED WEST OF COIT ROAD AND ON THE NORTH SIDE OF PROSPER TRAIL 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 Bighorn Development, to annex a tract of land containing approximately 99.11 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 fmds 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 13TH DAY OF MARCH, 2007. • CHARL.- ANGE • AYOR ATTESTED TO AND CORRECTLY RECORDED BY: 0A*" 4140 %/1 ' 0oe���°�°°°°° Off,® 6P® ` .00 ATTHEW D. DENTON, TRMC '. o o o TOWN SECRETARY yq V %° e., lrT 0 Page 3 Lana EMuaOa Sn7.NTEDNC.R'n Cowy,Tm.Nm COON Cowry NS.1 Lennon Y.Mewl Na.In w1NmE4b Curd.9mF;nem,eN0 Irv. . 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' (a.&113.1 1 Ren Ts 70031 Ta 75]31 (s1)bn-OA)1 DECEMBER 5,2006 • • • DESCRIPTION 156,680 Acres of Land SITUATED in Collin County,Texas in the Collin County School Land Survey,Abstract No.172 and in the Elisha Chambers Survey,Abstract No. 179,being a resurvey of part of the 165,090 acres of land described in a deed from Lawrence R Maxwell Jr., and Paul L Salzberger,Trustees to Richards M.Kendrick III,Trustee dated Feb.9,1993,recorded in Document No.90-0012851; • being described by metes and bound as follows: Beginning at 1/2"iron pin set at the northeast corner of said 165,090 acre tract,at the south east corner of the Bob Walker 11.921 acres,Ref V.3205,P.256 in the west line of the Prosper Land Co.LTD 87.936 acres,Ref V.4748,P.2254 and in the center of County Road No.80 before same was'widened and improved and the west edge of the asphalt pavement lies 13.7 feet east; Thence south ldegree 30 minutes 04seconds east,1265.68 feet with the east line said 165.090 acre tract the old center of Co.Road No.80; Thence south 1 degree 09 minutes 23 seconds east,1608.35 feet with the east line of said 165.090 acre tract,the old center of Co. Road No.80 and with the west line of said 87.936 acre tract and with the west line of the Prosper Land Co.LTD 19.516 acres. One 20.428 acres and the 50.2739 acres,Ref.V.4748;P.2254 to a 1/2 inch iron pin set in said east line,old Road Center,in the west line of said 50,2739 acre tract and in the north R.O.W.line of County Road No.81 Ref.One 2.7114 acre ROM.Parcel 13 in V.5370,P. 5363 Thence south 88 degrees 36 minutes 22 seconds west,1215.75 feet with said north ROM.line to a 1/2 inch iron pin set in a southwest line of said 165.090 acre tract,in said north R.O.W.line in a northeast line of the.Mary E.Robinson 74 acres,Ref.V.584. P.450; Thence north 3 ldegrees 13 seconds west,195.49 feet with said southwest line and said northeast line to a 1/2 inch iron pin set at an all corner of said 165.090 acre tract and a northeast corner of said 74 acre tract; " 'Thence south 88 degrees 52 minutes 55 seconds west,1348.56 feet with a south line of said 165.090 acre tract and with a north line of said 74 acre tract to a steel pipe corner past set in concrete found at an oil corner of said 165.090 acre tract and the northwest corner of said 74 acre tract; Thence south 0 degrees 48 minutes 41 seconds east,175.35 feet with an east line of said 165.090 acre tract,the west line of said 74 acre tract and with a new fence to a 1/2 inch iron pin found the north R.O.W.line of County Road No.81 Ref.the 1.0064 acre Parcel 9 in V.5370,P.5363; Thence south 89 degrees 100 minutes 30 seconds west,859.77 feet with said R.O.W.line to a 1/2 inch iron pin set in the west line of said 165.090 acre tract in said north R.O.W.line and in the east line of the Deion Sanders 84.7479 acres,Ref.V.4230,P. 140; Thence north idegree 08 minutes east,864.73 feet with a west line of said 165.090 acre tract and with the east line of said 84.7479 acre tract to a 1/2 inch iron pin found in the east line of said 84.7479 acre tract and at the southwest corner of the Deion Sanders 25.000 acres,Ref.V.4230,P.140; Thence south 88 degrees 52 minutes east,832.06 feet with a north line of said 165.090 acre tract and with the south line of said 25.000 acre tract to a 1/2 inch iron pin found a the southeast corner of said 25.000 acre tract and on oil corner of said 165.090 acre tract; Thence north 0 degrees 43 minutes 08 seconds west,779.7 feet with a west line of said 165.090 acre tract and with the east line of said 25.000 acre tract,along a line on the east side fence to a 1/2 inch iron pin found at a northwest corner of said 165.090 acre tract,in the east line of said 25.000 acre tract and at the southwest corner of the Highland Meadows Addition,Ref.V."N",P.426-427; Thence north 88 degrees 54 minutes 31 seconds east,_960.18 feet with a north line of said 165.090 acre tract,with the south line of said Highland Meadows Addition and with a fence to a/2 inch iron pin found at an oil corner of said 165.090 acre tract and the southeast corner of said Highland Meadows Addition; Thence northerly with a west line of said 165.090 acre tract,the east line of said Highland Meadows Addition and with a fence as follows; North 1 degree 04 minutes 14seconds west 201.71 feet;North 1 degree 39 minutes 55 seconds west,831.51 feet; North I degree 19 minutes 24 seconds west,161.11 feet to a 1/2 inch iron pin found at the north,northwest corner of said 165.090 acre tract,in the said Highland Meadows Addition and at the southwest corner of said 11.921 acre tract; Thence north 85 degrees 12 minutes 32 seconds east,1593.32 feet with the north line of said 165.090 acre tract,the south line of said 11.921 acre tract and with a wood fence to the PLACE OF BEGINNING and containing 156.880 acres of land. DESCRIPTION 4.486 Acres of Land SITUATED in Collin County,Texas in the William Butler Survey,Abstract No. 112,being a resurvey of part of the 165.090 acres of land described in a deed form Lawrence R.Maxwell Jr.and Paul L.Salzberger,Trustees to Richard M.Kendrick III;Trustee dated Feb.9,1993 recorded in Document No.93-0012851,being described by metes and bounds as follows; BEGINNING at a 1/2"inch iron pin found at the southeast corner of said 165.090 acre tract,in the center of County Road No.80 at the northeast corner of the Mary E.Robinson 74 acres,Ref.V.584,P.450 and in the west line of the Tuscany Prosper Joint Venture • 154.993 acres,Ref.V.4926,P.1793; Thence south 88 degrees 58 seconds west,1058.0 feet with the south line of said 165.090 acre tract and with north line of said 74 acre tract to a 1/2 inch iron pin set at the south,southwest corner of said 165.090 acre tract and at on all corner of said 74 acre tract; Thence north 31 degrees 13 seconds west,199.64 feet with a southwest line of said 165.090 acre tract and a northeast line of said 74 acre tract to a/2 inch iron pin set in said line at the intersection of the south RO.W.Parcel 13in V.5370,P.5363; Thence north 88 degrees 38 minutes 22 seconds east,1158.01 feet with said south R.O.W.line to a 1/2 inch iron pin set in the east line of said 165.090 acre tract,in the center of said County Road No.80 and in the west line of said 154.993 acre tract; Thence south 1 degree 09 minutes 23 seconds east,179.86 feet with east line of said 165.090 acre tract and the west line of said 154.993 acre tract and with the center of said Count Road No.80 to the PLACE BEGINNING and containing 4.486 acres of land. TOWN OF PROSPER,TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE: NO. 07-021 DATE OF ANNEXATION ORDINANCE: March 13,2007 ACREAGE ANNEXED: Approximately 90.11 acres SURVEY,ABSTRACT&COUNTY: Collin County School Land Survey,Abstract 172,Collin County CURRENT PROPERTY OWNER: Bighorn Development MUNICIPAL SERVICES TO THE ACREAGE DESCRIBED ABOVE SHALL BE FURNISHED BY OR ON BEHALF OF THE TOWN OF PROSPER, TEXAS, AT THE FOLLOWING LEVELS AND IN ACCORDANCE WITH THE FOLLOWING SCHEDULE: A. POLICE SERVICE 1. PATROLLING, RESPONSES TO CALLS, AND OTHER ROUTINE POLICE SERVICES, WITHIN THE LIMITS OF EXISTING PERSONNEL AND EQUIPMENT, WILL BE PROVIDED UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 2. UPON ULTIMATE DEVELOPMENT OF THE AREA, THE SAME LEVEL OF POLICE SERVICE WILL BE PROVIDED TO THIS AREA AS ARE FURNISHED THROUGHOUT THE TOWN. B. FIRE SERVICE 1. FIRE PROTECTION AND EMERGENCY AMBULANCE EQUIPMENT BY THE PRESENT PERSONNEL AND THE PRESENT EQUIPMENT OF THE FIRE DEPARTMENT,WITHIN THE LIMITS OF AVAILABLE WATER AND DISTANCES FROM THE EXISTING FIRE STATION, WILL BE PROVIDED TO THIS AREA UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 2. UPON ULTIMATE DEVELOPMENT OF THE AREA,THE SAME LEVEL OF FIRE AND EMERGENCY AMBULANCE SERVICES WILL BE PROVIDED TO THIS AREA AS ARE FURNISHED THROUGHOUT THE TOWN. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. ENFORCEMENT OF THE TOWN'S ENVIRONMENTAL HEALTH ORDINANCE AND REGULATIONS, INCLUDED BUT NOT LIMITED TO WEED AND BRUSH ORDINANCES, JUNKED AND ABANDONED VEHICLE ORDINANCE, AND ANIMAL CONTROL ORDINANCES, SHALL BE PROVIDED WITHIN THIS AREA 60 DAYS TO THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. THESE ORDINANCES AND REGULATIONS WILL BE ENFORCED THROUGH THE USE OF EXISTING PERSONNEL. 2. INSPECTION SERVICES, INCLUDING THE REVEIW OF BUILDING PLANS, THE ISSUANCE OF PERMITS AND THE INSPECTION OF ALL BUILDINGS, PLUMBING, MECHANICAL, AND ELECTRICAL WORK TO ENSURE COMPLIANCE WITH TOWN CODES AND ORDINANCES WILL BE PROVIDED WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. EXISTING PERSONNEL WILL BE USED TO PROVIDE THESE SERVICES. 3. THE TOWN'S ZONING, SUBDIVISION, SIGN, AND OTHER ORDINANCES SHALL BE ENFORCED IN THIS AREA BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. • 4. ALL INSPECTION SERVICES FURNISHED BY THE TOWN OF PROSPER, BUT NOT MENTIONED ABOVE, WILL BE PROVIDED TO THIS AREA BEGINNING WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 5. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS AREA, SUFFICIENT PERSONNEL WILL BE PROVIDED TO FURNISH THIS AREA THE SAME LEVEL OF ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES AS ARE FURNISHED THROUGHOUT THE TOWN. D. PLANNING AND ZONING SERVICES THE PLANNING AND ZONING JURISDICTION OF THE TOWN WILL EXTEND TO THIS AREA UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. TOWN PLANNING WILL THEREAFTER ENCOMPASS THIS PROPERTY, AND IT SHALL BE ENTITLED TO CONSIDERATION FOR ZONING IN ACCORDANCE WITH THE TOWN'S COMPREHENSIVE PLAN. E. PARK AND RECREATION SERVICES 1. RESIDENTS OF THIS PROPERTY MAY UTILIZE ALL EXISTING PARK AND RECREATIONAL SERVICES, FACILITIES, AND SITES THROUGHOUT THE TOWN, BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 2. ADDITIONAL FACILITIES AND SITES TO SERVE THIS PROPERTY AND ITS RESIDENTS WILL BE ACQUIRED, DEVELOPED, AND MAINTAINED AT LOCATIONS AND TIMES PROVIDED BY APPLICABLE PLANS, POLICIES AND PROGRAMS AND DECISIONS OF THE TOWN OF PROSPER. THIS PROPERTY WILL BE INCLIDED IN ALL FUTURE PLANS FOR PROVIDING PARKS AND RECREATION SERVICES TO THE TOWN. 3. THIS PROPERTY WILL BE INCLUDED IN ALL PLANS FOR PROVIDING PARKS AND RECREATION SERVICES TO THE TOWN. THE SAME LEVEL OF PARKS AND RECREATION SERVICES SHALL BE FURNISHED TO THIS PROPERTY AS IS FURNISHED THROUGHOUT THE TOWN. 4. EXISTING PARKS,PLAYGROUNDS,AND OTHER RECREATIONAL FACILITIES WITHIN THIS PROPERTY SHALL, UPON DEDICATION TO AND ACCEPTANCE BY THE TOWN, BE MAINTAINED AND OPERATED BY THE TOWN OF PROSPER,BUT NOT OTHERWISE. F. SOLID WASTE COLLECTION 1. SOLID WASTE COLLECTION SHALL BE PROVIDED TO THE PROPERTY IN ACCORDANCE WITH EXISTING TOWN POLICIES, BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. RESIDENTS OR COMMERCIAL USERS OF THIS PROPERTY UTILIZING PRIVATE COLLECTION SERVICES AT THE TIME OF ANNEXATION MAY CONTINUE TO DO SO IN LIEU OF RECEIVINH CITY SERVICES UNTIL THE SECOND ANNIVERSARY OF THE EFFECTIVE DATE OF THIS ORDINANCE. 2. AS DEVELOPMENT AND CONSTRUCTION COMMENCE ON THIS PROPERTY,AND POPULATION DENSITY INCREASES TO THE PROPERTY LEVEL, SOLID WASTE COLLECTION SHALL BE PROVIDED TO THIS PROPERTY IN ACCORDANCE WITH THE CURRENT POLICIES OF THE TOWN AS TO FREQUENCY,CHANGES AND SO FORTH. G. STREETS 1. THE TOWN OF PROSPER'S EXISTING POLICIES WITH REGARD TO STREET MAINTENANCE, APPLICABLE THROUGHOUT THE ENTIRE TOWN, SHALL APPLY TO THIS PROPERTY BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. UNLESS A STREET WITHIN THIS PROPERTY HAS BEEN CONSTRUCTED OR IS IMPROVED TO THE TOWN'S STANDARDS AND SPECIFICATIONS, THAT STREET WILL NOT BE MAINTAINED BY THE TOWN OF PROSPER. 2. AS DEVELOPMENT,IMPROVEMENT OR CONSTRUCTION OF STREETS TO TOWN STANDARDS COMMENCE WITHIN THIS PROPERTY,THE POLICIES OF THE TOWN OF PROSPER WITH REGARD TO PARTICIPATION IN THE COSTS THEREOF, ACCEPTANCE UPON COMPLETION,AND MAINTENANCE AFTER COMPLETION, SHALL APPLY. 3. THE SAME LEVEL OF MAINTENANCE SHALL BE PROVIDED TO STREETS WITHIN THIS PROPERTY WHICH HAVE BEEN ACCEPTED BY THE TOWN OF PROSPER AS IS PROVIDED TO TOWN STREETS THROUGHOUT THE TOWN. 4. STREET LIGHTING INSTALLED ON STREETS IMPROVED TO TOWN STANDARDS SHALL BE MAINTAINED BY THE EXISTING FRANCHISE IN ACCORDANCE WITH CURRENT POLICIES. H. WATER SERVICES 1. CONNECTION TO EXISTING TOWN WATER MAINS FOR WATER SERVICE FOR DOMESTIC, COMMERCIAL, AND INDUSTRIAL USE WITHIN THIS PROPERTY WILL BE PROVIDED IN ACCORDANCE WITH EXISTING TOWN POLICIES. UPON CONNECTION TO EXISTING MAINS, WATER WILL BE PROVIDED AT RATES ESTABLISHED BY TOWN ORDINANCES FOR SUCH SERVICE THROUGHOUT THE TOWN. 2. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS PROPERTY, WATER MAINS OF THE TOWN WILL BE EXTENDED IN ACCORDANCE WITH PROVISIONS OF THE SUBDIVISION ORDINANCE AND OTHER APPLICABLE ORDINANCES AND REGULATIONS. TOWN PARTICIPATION IN THE COSTS OF THESE EXTENSIONS SHALL BE IN ACCORDANCE WITH THE APPLICABLE TOWN ORDINANCES AND REGULATIONS. SUCH EXTENSIONS WILL BE COMMENCED WITHIN TWO AND ONE-HALF (2 %) YEARS FROM THE DATE OF ADOPTION OF THE ANNEXATION ORDINANCE, OR UPON COMMENCEMENT OF DEVELOPMENT OF A SUBDIVISION WITHIN THIS PROPERTY,WHICHEVER OCCURS LATER. 3. WATER MAINS INSTALLED OR IMPROVED TO TOWN STANDARDS WHICH ARE WITHIN THE ANNEXED AREA AND ARE WITHIN DEDICATED EASEMENTS SHALL BE MAINTAINED BY THE TOWN OF PROSPER BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 4. THEIR OWNERS,IN ACCORDANCE WITH EXISTING POLICIES APPLICABLE THROUGHOUT THE TOWN,SHALL MAINTAIN PRIVATE WATER LINES WITHIN THIS PROPERTY. I. SANITARY SEWER SERVICES 1. CONNECTIONS TO EXISTING TOWN SANITARY SEWER MAINS FOR SANITARY SEWAGE SERVICE IN THIS AREA WILL BE PROVIDED IN ACCORDANCE WITH EXISTING TOWN POLICIES. UPON CONNECTION, SANITARY SEWAGE SERVICE WILL BE PROVIDED AT RATES ESTABLISHED BY TOWN ORDINANCES FOR SUCH SERVICE THROUGHOUT THE TOWN. 2. SANITARY SEWAGE MAINS AND/OR LIFT STATIONS INSTALLED OR IMPROVED TO TOWN STANDARDS, LOCATED IN APPROVED DEDICATED EASEMENTS, AND WHICH ARE WITHIN THE ANNEXED AREA AND ARE CONNECTED TO TOWN MAINS WILL BE MAINTAINED BY THE TOWN BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. PRIVATE SEWER LINES SHALL BE MAINTAINED BY THE OWNERS THEREOF IN ACCORDANCE WITH EXISTING TOWN POLICIES,PRACTICES AND REGULATIONS. 3. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS AREA, SANITARY SEWER MAINS OF THE TOWN WILL BE EXTENDED IN ACCORDANCE WITH PROVISIONS OF THE SUBDIVISION ORDINANCE AND OTHER APPLICABLE TOWN ORDINANCES AND REGULATIONS. TOWN PARTICIPATION IN THE COSTS OF THE EXTENSIONS SHALL BE IN ACCORDANCE WITH APPLICABLE TOWN ORDINANCES AND REGULATIONS. SUCH EXTENSIONS WILL BE COMMENCED WITHIN TWO AND ONE-HALF (2 1/2) YEARS FROM THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE, UNLESS THE SERVICES CANNOT BE REASONABLY PROVIDED IN THAT PERIOD, THEN TOWN SHALL PROPOSE A SERVICE SCHEDULE TO PROVIDE FOR THE PROVISION OF THE SERVICES WITHIN FOUR AND ONE- HALF(4-1/2)YEARS AFTER THAT DATE. J. MISCELLANEOUS 1. ANY FACILITY OR BUILDING LOCATED WITHIN THE ANNEXED AREA AND UTILIZED BY THE TOWN OF PROSPER IN PROVIDING SERVICES TO THE AREA WILL BE MAINTAINED BY THE TOWN COMMENCING UPON THE DATE OF USE OR UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE,WHICHEVER OCCURS LATER. 2. GENERAL MUNICIPAL ADMINISTRATION AND ADMINISTRATIVE SERVICES TO THE TOWN SHALL BE AVAILABLE TO THE ANNEXED AREA BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 3. NOTWITHSTANDING ANYTHING SET FORT ABOVE, THIS SERVICE PLAN DOES NOT REQUIRE ALL TOWN SERVICES BE PROVIDED AS SETFORTH ABOVE IF DIFFERENTCHARACTERISTICS OF TOPOGRAPHY, LAND USE AND POPULATION DENSITY ARE CONSIDERED A SUFFICIENT BASIS FOR PROVIDING DIFFERENT LEVELS OF SERVICE. 4. THE SERVICE PLAN IS VALID FOR TEN (10) YEARS FROM THE EFFECTIVE DATE OF THE ORDINANCE. ANNEXATION PETITION TO THE MAYOR AND GOVERNING BODY OF THE TOWN OF PROSPER,TEXAS The undersigned owner(s)of the hereinafter described tract of land,which is vacant and without residents,or on which less than three(3)qualified voters reside,hereby petition your honorable body to extend the present Town limits so as to include as a part of the Town of Prosper,Texas,the following described territory,to wit: Description of the territory to be annexed by metes and bounds: SEE EXHIBIT 'A' 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. N.W. COLT'.+' : , L.P., a Texas Limited Partnership By NI'EX P•. • ., General Partner • Owner's Signature#1 THE STATE OFL, COUNTY OF �� �� Before me,the undersigned authority,on this day personally appeared ittrrown to me to be the person whose name is subscribed to the foregoing instrument and acknowledge to me that a or she executed the same for the purposes and consideration therein expressed., Given under myhand and seal of office,this / dayof /II/ (Si, 4 lair/Peeailed ,. - ���►cit. / �.L. , ,xL �s 1�► Clowilmion Wet otary Pu'tic in -`d for the State of Texas IND Town Counci expires: YP 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 • My Town Council expires: $250.00 Application Fee for Annexations 14 - -- -- - --- — --- 2007 Annexation Schedule- Annexation Petition Newspaper Notices Posted on 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 2nd Public by Town Council by Town Council at considered by Providers and other Petition by Town Newspaper for 1st to Town Secretary mandatory entities Council at 7:00pm Hearing Notices at and 2nd Public at 7;OOpm 7:00pm Town Council at by 12:00pm 3:00pm 7:00pm Hearings Monday Friday Tuesday Wednesday Monday Tuesday Tuesday Tuesday 10/30/06 11/3/06 11/14/06/ 11/15/06 11/20/26 11/28/06 12/12/06 1/9/07 -_L:12/_18/06- -✓— -7------ 12/29/06--✓-----1/9/07-- -- —111.7/07— -- 1122/07 J---2/13/07-- '.----2/27/07—✓-Ti- 3/13/07 1/08/07 1/19/07 1/23/07 1/31/07 2/5/07 2/27/07 3/13/07 3/27/07 2/05/07 2/16/07 2/27/07 3/07/07 3/12/07 3/27/07 4/10/07 4/24/07 3/05/07 3/16/07 3/27/07 4/04/07 4/09/07 4/24/07 5/08/07 5/22/07 4/02/07 4/13/07 4/24/07 5/02/07 .5/07/07 5/22/07 6/12/07 6/26/07 5/07/07 /,1L8/0 %-2.107 5/30/07 6/04/07 6/26/07 7/10/07 7/24/07 6/04/07 6/15/07 6/26/07 7/04/07 7/09/07 7/24/07 8/14/07 8/28/07 7/09/07 71/20/07, 7%24'1©,7 8/01/07 8/06/07 8/28/07 9/11/07 9/25/07 8/06/07 8/17/07 8/28/07 9/05/07 9/10/07 9/25/07 10/09/07 10/23/07 9/03/07 9/14/07 9/25/07 .10/03/07 10/08/07 10/23/07 11/13/07 . 11/27/07. 10/08/07 . ,10149107 10/23'/,071 10/31/07 11110_5/07 11/27/0 1211007. X11©8/0. 11/05/07 11/16/07 11/27/07 12/05/07 • 120107 - 1''/.08/0' 1/22/08 . 02/05/08 12/17/07 12/28/07 1/08/08 1/16/08 1/21/08 2/05/08 2/19/08 3/11/08 NOTE: Should the.Town Council change any of their meeting dates or the DMN change their publication deadlines,dates are subject to change. 12 ANNEXATION CHECKLIST PROVIDE COMPLETED CHECKLIST SIGNED BY PREPARER WITH APPLICATION An application petition and a$250.00 application fee shall be accompanied by the following materials: o A legal description (metes and bounds)of the property to be annexed on 8 '/" x 11" paper titled as "Exhibit A" and sealed and signed by a surveyor. o Three (3) 24" x 36", three (3) 11" x 17", and three (3) 8 %" x 11" copies of an annexation exhibit titled as Exhibit A containing the following information: • Title block located in lower right corner (titled as Exhibit A) with subdivision name or survey name and abstract number,tract number,acreage,and preparation date • Names,addresses,and phone numbers of owner,applicant,and surveyor • The legal description (metes and bounds) of the area within the annexation request shall be inlcuded ,on the annexation exhibit and sealed and signed by a surveyor. • North arrow,scale,and location/vicinity map • Property boundary and dimensions • Adjacent streets with names • Distance to nearest cross street Preparer's Signature 1. •/-a A17e 18 s .SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON SENDER: COMPLETE THIS SECTION • COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Sig Mr , 1 ■ Complete items 1,2,and 3.Also complete A. Signature ' item 4 if Restricted Delivery is desired. item 4 if Restricted Delivery is desired. Xent • Print your name and address on the reverse I• Print your name and address on the reverse 0 Addressee ( so that we can return the card to you. B. Received by(•rl ed Name1.1 so that we can'return the card to you. B. Received by(Printed Name) C. Date f Delivery • Attach this card to the back of the mailpiece, LA A 4& Di • Attach this card to the back of the mailpiece, r71 •w7 or on the front If space permits. or on the front if space permits. D. Is delivery address different frog D. Is delivery address different from item 1? f'nea ( 1. Article Addressed to: If YES,enter delivery address(- 1. Article Addressed to: If YES,enter delivery address below: 0 No Co-Sery Gas and Electric Burlington-Northern Railroad / 7701 S. Sternnlons I c/o Mr. Alec Vincent d�-4T jcx-''�'� j X- 2�X� ,31 2500 Lou Ment:Drivee A0133 J Corinth,TX ,6210-1242 3- 'Service Type 3. Service Type fi 0 Certified Mall 0 red Fort Worth, TX 76131 7 0 Certifled'Mail 0 Express Mail __K _,_,--L,'•:: _ _ -- J 0 Registered 0 Return 0 Registered 0 Return Receipt for Merchandise 0 Insured Mall 0 C.O.D 0,Insured Mail 0°C.O.D. 4. Restricted Delivery?(Extra Fe 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Numfv - T 17005i,17,6?0 0000 37p8 i9ki41i 4 ; ) 2. Article Number ransfer fro! s . ,l t ..i ; -1. l I t i (T - -_�� - - �(7-ransfe�frog l'drrufco label 4 I; 1 a; PS Form 3811.,February 2004 Domestic Return Receipt b .Form 3811 February 2004' '`t I 1Domestic Return Receipt3 , g,I; t 1 102595.02-M-1540 i t,'-��._�.__ __ . , t 1 . s L i _-- �----- -_----�•— _!_i.- .;{ , , I f _w' I II I 1 1 L1 1 j L.i_r, . I .Y. SENDER:.COMPLETE THIS SECTION COMPLETE THIS SECTION Q, SENDER:COMPLETE THIS SECTION , COMPLETE THIS SECTION ONDELIVERY • ) IiiComplete items 1,2,and 3.Also complete g ature • ` • Complete items 1,2,and 3.Also complete A. Signature - i 3 item 4 if Restricted Delivery is desired. , name and address desired. . 0 Agent i item 4 if Restricted Deliveryis A. f. ■ Print your name and address on the reverse / _- ■ Print youron the reverse ` 0 Addressee j ( ' so that we can return the card to you. so that,we can return the card to you. - R =fund by(Printed Name) Date of Deliveryl c 'ved b (P' ted Nam= ■ Attach this card to the back of the mailp _ �a ; I ■ Attach this card to the back of the mailpiece, 0 i or on the front if space permits. �; or on the front if space ermits. D. Is delivery address different i• - D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: 1. Article Addressed to: If YES,enter delivery addre If YES,enter delivery address below: 0 No 1 Der,tonounty Elections ' Collin County Elections Administration' R,egist,aac of Voters I Registrar of Voters 1 2010 Redbud Blvd. Suite 102 Jose:ri.:r=�:.,�• z2�l�o�l�;iuilding I ' 3. Service Type i McKinney,TX 75 069 3. Service Type 44?z.tiil. Hickory, Suite 125 f❑Certified Mail ❑Express Mait i . Denton, Texas 76'201••-9026 O Certified Mall D Exp ❑Registered El Real • ./ 0 Registered 0 Return Receipt for Merchandise i 0 Insured Mail 0 C.OI •0 insured Mail 0 C.O.D. 4. Restricted.Delivery?(Extra 4. Restricted Delivery?(Extra Fee) 0 Yes I 2. Article Number 12' 70'(j =1f1E;0 i000i3 3738 '98011 lit i its . . i (Transfer from service label (T f ' i PS Form 3811,February 2004 Domestic Return Receipt : PS Form 3811,February 2004 Domestic Return Receipt 102595-02•M-1540. --' - _.i--` ___L.2...,,_ 4.1. _La t.a-_ t 1,iii_.-__-i1_---__—____---__.----- _ __ 1 1 i �Y_ i'_._I i ,,t i_ t_i__-_LL__i-_J_i .-_>.--_-.._____ —__,.-_ J r SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON D^ SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY - p completeI ■ Complete items'1,2,and 3.Also complete g ■ Complete items 1,2,and 3:Also A. Si natu item 4 if Restricted Delivery is desired. item 4 if Restricted Deliveryis desired. 0 Agent fa Print your name and address on the reverse j `"""x t/i ■ Print your name and address on the reverse X 0 Addressee so that we can return the card to you. . Relived by(Printed Name. ''J so that we can return the card to you. B. Rece ed by(Printed Name) C. a of�clivery I ■ Attach this card to the back of the mailpiece, 1 1 ■ Attach this card to the back of the mailpiece, or on the front.if space permits. GGh. { or on the front if space permits. Is d iveryaddreksa�lffs<fent•fri i D. Is delivery address different from rte ? ■ es 1. Article Addressed to: If Y ,enter delivery address be '1.Article Addressed to: If YES,enter delivery address below: • No ' RECEIVED n--- - - ________ — i Collin Co. Central Appraisal District;!\. „ QQ te;" Matthews �''' ,...._......" Manager of Public Affairs '. Attn: Twila Foreman,Maps Division i ! 2404 K Avenue -,,, ---1 Atmos Energy --- _ _ _._ , Plano,TX 75074-5911 ® 3. Service Type 2552Sutnrliit Suite 406 ,�'3. Service Type 1 i ❑Certified Mail ❑Express r p Certiiled Mail ❑'Eaq�ress Mail 0 Registered 0 Return R 1anci Texas 75074 ) 0 Registered 0 Return Receipt for Merchandise 4 0 Insured Mail 0 C.O.D. ❑ Insured Mall l3 C.O.D. 4. Restricted Delivery?(Extra Fee) ) 4. Restricted Delivery?(Extra Fee) 0 Yes I 2.� tf 71005: 11,60 .0203. X72$ 96.7• 2 j i 2. Article Number +j . . - .-•. •:,: z • (Transfer"from service:labet) • . . '•; • . ' !�PS Form 3811,February,2004. Domestic Return Receipt .. PS Form 3811,February 2004 '' Domestic Return Receipt 102595-02•M-1940; ' L 1 it I . ,SENDER:COMPLETE THIS SECTION COMPLETE THIS SECTI SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY . ■ Complete items 1,2,:and 3,Also complete ' ■ Complete items 1, 2,and 3.Also complete A Sign. reEl Restricted Delivery is desired. • ttem 4 if Restricted Delivery is desired. r �� ❑Aderessee nt 1 item 4 if rY • ■ Print our name and address on the reverse //,, ■ Print your name and address on the reverse i y :4-9 so C.Date=•Delive so that we can return the card to you. B. Received by(Printed N so that we can return the card to you. Received by( � = } ■ Attach this card to the back of the mailpiece, ■ Attach this card to the back of the mailpiece, rc{�� 1 aQU r ` or on the front if space permits. I or on the front if space permits. D. Is delivery address differ D. Is delivery address different from item 1? i1 Yes 1. Article Addressed to: If YES,enter delivery ad 1. Article Addressed to: If YES,enter delivery address below: V No Collin County GIS & i TXU Electric Delivery i ',.;i,fl i 9-1-1 Rural Addressing 1 Attn: Gerald C. Perrin ;r;IirIt� Attn: Ramona Magrath • I g f'.-:.p1/-1' 400.W.Yir inia. . `{f 1'`r ' 3. Service Type 210 S. McDonald, Suite 26 3. Service Type McKinney.,TX 75069 ,' ❑Certified Mall ❑Ext Express Mail McKinney, T. El Certified Mall ❑ J 75069 0 Registered ❑ 0 Certified Registered 0 Return Receipt for Merchandise _ \ .� 0 Insured Mail 0 C.O.D. 0 Insured Mall 4. Restricted Delivery?(Ekti 4. Restricted Delivery?,(Extra Fee) 0 Yes ) • :, : i€ iQ 0003 __ 38 r i , 2. Article Number' ; : yf i, i : :i i i t i -ii i i iii' ii ii i� •- A', i _, 2• 1/,Y ?71�f]5 i 111. 8� 9818 i i� z i (Transfer from service(abet) Domestic Return Receipt 102595-02-M-1540 i PS Form 3811,February 2004 Domestic Return Receipt PS Form 3811,February 2004 6`l_ me _t--ny _ ------..-- n ' SENDER: COMPLETE THIS SECTION 'COMPLETE THIS SECTION SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature ■ Complete items 1,2,and 3.Also complete '•nature - item 4 if Restricted Delivery is desired. Agent ■ Print your name and address on the reverse -- item 4.if Restricted Delivery is desired.. so that we can return the card to ■ Print your'name and address on, the reverse l3� �� ❑Addressee y B. Received by(Printed Nam so that we can return the card to you. B. R!•ived by(Iff-re.Name) C. Date of Delivery ■ Attach this card to the back of the mailplece, • Attach this card to the back of the mailpiece, laI or on the front if space permits. ' 1, ; or on the front if space permits. 1. Article Addressed to: D. Is delivery address different f - D. Is delivery address different from item 1? 0 Yes if YES,enter delivery addrel 1. Article Addressed to: If YES,enter delivery address below: 0 No ` Ms. Joyce Ballard SPECIAL N (-AT&T ____ • 1 Comptroller of Public Accounts ' Texas Municipal Relations Revenue Accounts Division APR 2i Attn: Julia Freeman P.O.Box 13528 3. Service Type 7 308 IR Alcarc1,.Room 104 3. Service Type L Austin,TX 78711 ❑certified n lA -{"l.l y Dallas,Texas 75202.. C]Certified Mall ❑Express Mail J 0 Registered. Ig iRli./ ` f ®Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O,II 0 Insured Mail 0 C.O.D. lI 4. Restricted Delivery?(Extra 4. Restricted Delivery?(Ektra Fee) 0 Yes 4 2' _...._..-_ __70.05. .1160_000.3; 3738 .9.6 0 3 Ill`j: 1 , ; i , ,, , 2. Article Number._._. .. i • iii i i 1f1 ii ' • • ' ' ' ' ' i , l i 1 ;+ ; (Trarisfer from service label ` ' PS 1Form 381'1,,`Feb'ruary'2004' ' ' . '. , .Domestic Return Receipt �f PS Form 3811,February 2004} ` i ii Domestic Return Receipt 102595.02-M-15401 . I • SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION/ SENDER: COMPLETE THIS SECTION ' ,COMPLETE THIS SECTION ON DELl4ERV' • • ■ Complete items 1,2,and 3.Also complete Signature ■ Complete items 1,2,and 3.Also complete • - _ / � A. item 4 if Restricted Delivery is desired. item 4 if Restricted Delivery is desired. .Ii►' ,,'.,. • Print your name and address on the reverse ■ Print your name and address on the reverse / -- so that we can return the card to you, so that we can return the card to you. Addressee i B. Received b mff Y R. ived. (Printed ■ Attach this card to the back of the mailpiece, ` 1 ■ Attach this card to the back of the mailpiece; >' Name) C. Da=of Del'very or on the front if space permits. ni or on the front if space permits. A `L {)'7 t D. Is delivery ad �> 1 Article Addressed to: D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: If Yl jc,tteii �r l�, /,_ — _ If YES,enter delivery address below: Jo i Office of the Secretary of State o, (, � Sud~denlink Cable —z �f I . Ms.Nina Weston- 3815 Attn: Bobby Palrnertree Statutory Documents Division I-- P.O. � 3815 Pioneer Road P.O.Box 12887 3. Service Type Balch Springs,TX 75180 3. Service lype Austin,TX 78711-2887 0 Certified Mall 0 Exj 0 Certified Mall 0 Express Mail ( „___ — ___.__.__—� ®Registered 0 Retit - ---- __ ®Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 ail 0 Insured Mail 0 C.O.D. i 4. Restricted Delivery?(Extra)i . (Extra__A___�__________ —_ --_--_ „�;_:__..-__.___ —_�-- . — — ) ❑Yes 7005 ;1],60 O:C103 ; 3738 ;95719 I • ai S ` i i i I i r r r i :lir ;lir i r. i it II i; i ,� i l7;17d� ,1x116,0;�00i173 �3 38 J66511 i t j i i ;i •PS Form 3811,February 2004 Domestic Return Receipt PS Form 3811, February 2004 V Domestic Return Receipt 102595-022MM-1540 .-'_ _-.., ,!Lis. ._L:i___ I i_;-i-.! — — i A i1• TOWN OF P S PER P.O. Box 307 • 121 W. Broadway • Prosper, TX. 75078 • 972.346.2640 • Fax. 972.347.2111 ' April 23, 2007 Planning and GIS Office Mark Lindsey 306 N. Loop 288, Suite 115 Denton, TX 76209 _ RE: Recent Annexations and New Ordinances To Whom It May Concern: Enclosed please find copies of the following annexation ordinances which were recently annexed properties into the Town limits of Prosper. All of this land is currently vacant, but will some day be developed as residential, however, no development plans have been submitted at this time. I am enclosing maps indicating the location of the annexed areas, along with the legal description of each area. Ordinance No. Number of Acres 07-021 99.11 07-027 16.11 If you should require additional information,please feel free to contact me at 972.346.2640. Sincerely iil/'��Il/d11111111 -ice INPV Matthew D. Denton Town Secretary