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05-21 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 05-21 AN ORDINANCE PROVIDING FOR THE VOLUNTARY ANNEXATION OF A TRACT OF LAND SITUATED IN THE ELISHA CHAMBERS SURVEY, ABSTRACT NO. 179, COLLIN COUNTY, TEXAS, AND WM BUTLER SURVEY, ABSTRACT NO. 112, COLLIN COUNTY, TEXAS, CONTAINING A TOTAL OF APPROXIMATELY 81.11 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 Mary E. Robinson Estate Property to annex a tract of land containing approximately 81.11 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 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 Page 1 WHEREAS, the Town Council finds the proposed Service Plan for Annexed Area was prepared in compliance with law and was available for review and inspection by citizens; and WHEREAS, the Town Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Property Annexed. The Property described in the attached Exhibit"A" and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Prosper. SECTION 3: Service Plan. The Service Plan for the Property is attached hereto as Exhibit "B" and made a part hereof for all purposes. SECTION 4: Rights/Privileges/Bound by Ordinances and Regulations. That from and after the passage of this Ordinance, the Property shall be a part of Prosper, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Prosper and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the laws of the State of Texas. SECTION 5: Official Map and Boundaries Amended. That the official map and boundaries of Prosper are hereby amended to include the property as part of Prosper and that a certified copy of this Ordinance shall be filed in the County Clerk's office of Collin County, Texas. SECTION 6: Unlawful Use. It shall be unlawful for any person, firm or corporation to make use of the Property in some manner other than as authorized by this Ordinance and Zoning Ordinance No. 84-16, and any amendments thereto; and it shall be unlawful for any person, firm or corporation to 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. Page 2 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 10th DAY OF May, 2005. AR ES WAN Ft, MAYOR ATTESTED TO AND CORRECTLY RECORDED BY: S AE JENNINGS, T N SECRET Page 3 TOWN OF PROSPER,TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE: NO. 05-21 DATE OF ANNEXATION ORDINANCE: May 10,2005 ACREAGE ANNEXED: Approximately 81.11 acres SURVEY,ABSTRACT&COUNTY: Elisha Chambers Survey,Abstract No. 179,Collin County,Texas and Wm Butler Survey,Abstract No. 112,Collin County,Texas CURRENT PROPERTY OWNER: Mary E.Robinson Estate Property 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 WITI-IIN 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 'h) YEARS FROM THE DATE OF ADOPTION OF THE ANNEXATION ORDINANCE, OR UPON COMMENCEMENT OF DEVELOPMENT OF A SUBDIVISION WITHIN THIS PROPERTY,WHICHEVER OCCURS LATER. 3. WATER MAINS INSTALLED OR IMPROVED TO TOWN STANDARDS WHICH ARE WITHIN THE ANNEXED AREA AND ARE WITHIN DEDICATED EASEMENTS SHALL BE MAINTAINED BY THE TOWN OF PROSPER BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 4. THEIR OWNERS,IN ACCORDANCE WITH EXISTING POLICIES APPLICABLE THROUGHOUT THE TOWN, SHALL MAINTAIN PRIVATE WATER LINES WITHIN THIS PROPERTY. I. SANITARY SEWER SERVICES 1. CONNECTIONS TO EXISTING TOWN SANITARY SEWER MAINS FOR SANITARY SEWAGE SERVICE IN THIS AREA WILL BE PROVIDED IN ACCORDANCE WITH EXISTING TOWN POLICIES. UPON CONNECTION, SANITARY SEWAGE SERVICE WILL BE PROVIDED AT RATES ESTABLISHED RY 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. CXlllull /1 Metes and Bounds Description Date: February 17, 2005 • Tract 1: 5.57 Acres SITUATED in the State of Texas, County of Collin, being part of the Elisha Chambers Survey, Abstract No. 179, being part of a 160 acre tract of land from R.B. Coffey and wife, Ruby Coffey to Mary E. Robinson as recorded in Volume 384, Page 450 of the Collin County Land Records with said premises being more particularly described as follows: BEGINNING at a 1—inch iron rod found in the north right—of—way line of County Road 81 marking a southeast corner of a 156.880 acre tract surveyed by G.M. Geer dated June 4, 2004, said 156.880 acre tract being part of the resurvey of a 165.090 acre tract as recorded under County Clerk No. 93-0012851 of the Collin County Land Records; THENCE with the west line of said premises and an east line of said 156.880 acre tract, North 02'05'14" East, 175.31 feet to a 1—inch iron rod found marking the northwest corner of said premises and an interior corner of said 156.880 acre tract; THENCE with the north line of said premises and a south line of said 156.880 acre tract, South 88'22'29" East, 1348.19 feet to a 1/2—inch iron rod found marking the northeast corner of said premises and an interior corner of said 156.880 acre tract; THENCE with the east line of said premises and a southwesterly line of said 156.880 acre tract, South 28'27'23" East, 196.45 feet to a 1/2—inch iron rod found in the north right—of—way line of the aforementioned County Road 81 marking the southeast corner of said premises and a southwest corner of said 156.880 acre tract; THENCE with the north right—of—way line of County Road 81 (Source Bearing) and the south line of said premises, North 88'38'42" West, 1237.07 feet to a 1/2—inch iron rod set and North 88'14'04" West, 211.01 feet to the point of beginning and containing 5.57 acres of land. Tract 2: 75.54 Acres SITUATED in the State of Texas, County of Collin, being part of the Wm. Butler Survey, Abstract No. 112, being port of a 160 acre tract of land from R.B. Coffey and wife, Ruby Coffey to Mary E. Robinson as recorded in Volume 384, Page 450 of the Collin County Land Records with said premises being more particularly described as follows: BEGINNING at a 3/8—inch iron rod found marking the southwest corner of said premises, being in the east line of Prestonview Estates—Phase I as recorded under CAD Slide 1203 and the northwest corner of Witt's 13.415 acre tract as recorded under County Clerk No. 94-0083652 of the Collin County Land Records; THENCE with a west line of said 160 acre tract, the east line of Prestonview Estates—Phase I and an east line of Raewood on Preston as recorded in Volume H, Page 781 of the Collin County Map Records as follows: North 03'30'07" East, 235.25 feet to a 1/2—inch iron rod found; North 03'14'53" East, 303.29 feet to a 1—inch iron rod found; North 03'22'33" East, 260.01 feet to a 1/2—inch iron rod found; North 03'01'22" East, 333.37 feet to a 1/2—inch iron rod found and North 03'06'57" East, 148.51 feet to a steel pipe fence corner post found in the south right—of—way line of County Road 81 marking the northwest corner of said premises and the northeast corner of said Raewood on Preston; THENCE with a north line of said premises and the south right—of—way line of County Road 81 as follows: South 88'14'04" East, 202.24 feet to a 1—inch iron rod set and South 88'38'42" East, 1295.03 feet to a 1—inch iron rod found marking the most northerly northeast corner of said premises and an interior corner of a 156.880 acre tract as surveyed by G.M. Geer dated June 4, 2004; THENCE with a northeasterly line of said premises and a southwesterly line of said 156.880 acre tract, South 28'27'49" East, 199.73 feet to a 1—inch iron rod found marking an interior corner of both tracts; THENCE with a north line of said premises and a south line of said 156.880 acre tract, South 88'19'41" East, 1057.81 feet to a 1—inch iron rod found in a approximate middle of County Road 80 marking the most easterly northeast corner of said premises, the most southerly southeast corner of said 156.880 acre tract, said corner being in the east line of said 160 acre tract and the west line of a 154.993 acre tract as recorded in Volume 4926, Page 1793 of the Collin County Land Records; THENCE with the approximate middle of County Road 80 along the east line of said premises, said 160 acre tract and the west line of said 154.993 acre tract, South 03'04'30" West, 1162.43 feet to a 60d nail found marking the southeast corner of said premises and the northeast corner of Stuber's 54.03 acre tract as recorded uncial County Clerk No. 94-0070218 of the Collin County Land Records; THENCE with a south line of said premises and the north line of Stuber's 54.03 acre tract, North — -- 87'19'04" West, 1781.51 feet to a 1/2—inch iron rod found marking Stuber's northwest corner and the northeast corner of Herrmann's 13.415 acre tract as recorded under County Clerk No. 94-0083653 of the Collin County Land Records; THENCE with a south line of said premises and the north line of Herrmann's 13.415 acre tract, North 87'22'18" West, 439.05 feet to a 14—inch iron rod found marking Herrmann's northwest corner and the northeast corner of Witt's 13.415 acre tract as recorded under County Clerk No. 94-0083652 of the Collin County Land Records; THENCE with a south line of said premises and the north line of Witt's 13.415 acre tract, North 8707'25" West, 441.23 feet to the point of beginning and containing 75.54 acres of land. aitak) .. F.E. Bemenderfer Jr. ��P:�Fs'rER ts,' Registered Professional ;�� Fo•.• , Land Surveyor No. 4051 i • • c •F.E. BEMENDERFER JR. 4051 �' r / / P�19 r n.,and Bs.Umpi�, ...rr:p� ..r,r.t..arlu..•tle,a1. ��, mwm�w r]^.'.$oMO�'i.."ir"ii°wu°"• nein 1 K' y EOM M.NM...1 MI M w.1. wM 'SP99ec°L'S Os' ....1.,.M `.... tl.,I...... ","`r..:4?' o.s ul: ' van. TnU 1 - ua•.a ♦u� �""ae.11�r r .:r.w M tl w ryb,I�'�'.r]llAl - SS7 Acres '4 .r..•r.,..a.� M.�'.r..wtilitai....a �k wy a.1...Is1 r••.. .. .. — MM.w r w M r..a.r s aM w rMll.a•we I.I.:i MOO S.TA]I M Y•IS.r..w..rl...1. Court Road 81 R....d•M) .a..,,� ...".`w -..I....Ii.M.r 11.s0..K Ie11 i N2]I- ., — , _ K Ina MT'uM llsl.l.tla•%. ..a1.1..I..w IOT•f!7'T ,.'eft • • 1:...: 1..✓•..I...a b M..IX.an Minn IISIJp• ..Ir..M•.r.r.1.1.1.r..r.11C1A a.K / .. I..r w.aa • 1109an.+.Iwrw 210910. ...r.MU r•.1YW 13.13 Z S �114 135Ya• I..4-d71.11K5YM•M MM Inn ..rM4 / RpI.as�t n met r..'i I J!I t ml. 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HIS. •• IRrt2 rM I wtiwa.a OM 11.i..wr.Y 111ls1 KWwrY1.y M. r...•..r r w...10:law.•.r.now.In Os • �N m.• tl. aaL er /••••t KMIII O�1•.1r.So l.r aid 10w.M..I.WS all s.ml 6.1.iw•Ai1 Ps.•wf4 W•WO �Mr wl.•.q flea tl1.•.Ma..r.......S.el W.11.0 I..a..'..*OW w0......am"Il I .1l•1 q M. m.I•••oa•r..tea O r'M.m.S r Um O.w.41.I Ia.. AVM a. /..m..ww w r M..•114.1 CM WM.IS K M.On,r a.. ...M....aa .w•..lI.1..el...w.1e...M s.'.11•t1•••atl. ■ • • Vicinity Map y py I w CO �. a ExhibitA ' Annexation Request _--• MaryE.Robinson Estate Property Tract 1-5.57Acres&Tract 2-75.54 Acres "" Elisha Chambers Survey,A-179 �� — • & Wm.Butler Survey,A-112 , Collin County, Texas a; 1 February 17,2005 ;, r I i _ 11.11...... 11 Cr' pnl.v-•n, t Ir' h.f a.r.s. m i/'�'M. TMw QloaM &MEalu11 ii l AFFIDAVIT OF PUBLICATION STATE OF TEXAS COUNTY OF DALLAS Before me, a Notary Public in and for Dallas County, this day personally appeared Lynda Black, Legal Advertising Representative for the DALLAS MORNING NEWS being duly sworn by oath, states the attached advertisement of: Town of Prosper as published in THE DALLAS MORNING NEWS—COLLIN COUNTY EDITION on: TOWN OF !- PROSPER,TEXAS NOTICE OF PUBLIC March 18, 2005 1 HEARINGS 7 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 Chil- dren's Building, 601 S. Church Street, at 6:00 a ., on April for , 200e andd April 26,2005,f the purpose of considering the n the follow- ing (Lynda Black) ng described property: ELISHA CHAMBERS SURVEY, ABSTRACT NO. 179, COLLIN COUN- TY, TEXAS, AND THE WM. BUTLER SURVEY, ABSTRACT NO. 112, COLLIN COUNTY, TEX- AS, CONTAINING A TO- TAL OF 81.11 ACRES OF LAND AND BEING MORE GENERALLY LO- ON THE NORTH AND SIDES OF bscribed before me this March 18, 2005, A.D AND SOUTH PROSPER TRAIL, 1,200 FEET WEST OF COIT 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 n //At =�'ii�r �''si�' (Lisa Battenf d) • q e 11111° ````` 11101) 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: .5o` /� GwCGJ CIR Li 0,u.nR.t-3. I(We)certify that the above described tract of land is contiguous to the Town of Prosper,Texas,is not more than one-half(I/2) mile in width and that this petition is signed and duly acknowledged by each and every person or corporation having an interest in said land. Owner's Signature#1 THE STATE OF } COUNTY OF • Before me,the undersigned authority,on this day personally appea /. :�� known to me to be the person whose name is subscribed to the foregoing instrument and acknowl ged 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 ,20 DS- / (SEAL, .A"'pry No Public in and fo e Stat of Texas Linda S Ingram ly. MY Commission Expires �;.° 12/27/2008 Notary expires: 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 S250.00 Application Fee for Annexations Notary expires: O. 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: 2 a ' Cv ,A2T.5 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. eL• '10,e)AY r' ture#1 THE STATE OF TEXAS COUNTY OF Co k Before me,the undersigned authority,on this day personally appeared C.( )e \�� 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 Fehc-,,ec-� ,2005. °ie\ AMIT GUPTA o NOTARY PUBLIC Notary Public in and for the tate o Texas I\oy, 4. r' STATE OF TEXAS , N.!'tOf My Comm. Exp.09-07-08 Notary expires: at `"T \Ofi 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 S250.00 Application Fee for Annexations Notary expires: • 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. or IIIc'�h,vutrs 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. Owne s Si ure#1 THE STATE Before me,the undersigned authority,on this day personally appeared kfltai t1i cMiUl4.iadown to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to medhat he or she executed the same for the purposes and consideration therein expressed. I CZ / Given under my hand and seal of off , day of F. kQY' ,20 gpPY PUB DEBORAH A. EE Notary Pubti ' /\,: State of Texa otary Public and for the State f Tex '1-4.OF43- Comm. Expires 06-01-2 ) Notary expires: Q Owner's Signature 42(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 S250.00 Application Fee for Annexations Notary expires: 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: './ C7 11 C6--J,j..12-F 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 p son or corporation having an interest in said land. _.,,a5,21.1 Z-7 Owner's Signature#1 THE STATE Oh TEXAS COUNTY OF cLii ,n Before me,the undersigned authority,on this day personally appeared ipry R. I Onlj}Y('I 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. r A� Given under my hand and seal of office,this day of 1 e..�/l ,20(Jv� DEBORAH i vg +�- Notary P blic a State of exas otary Public and for the State o Te �'rEaFit: Comm. Expires 1-2008 ' Notary expires:ao/o/ 6 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 Notary expires: Als._ .__CATION CHECK PROVIDE COMPLETED CHECK LIST 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 24" x 36", three 11" x 17", and three 8 %" x 11" copies of an annexation exhibit (Exhibit A) containing the following information: • Title block located in lower right corner(titled as Exhibit A) with subdivision name or survey name and abstract number,tract number,acreage,and preparation date • Names,addresses,and phone numbers of owner, applicant,and surveyor • The legal description (metes and bounds) of the area within the annexation request shall be inlcuded on the annexation exhibit and sealed and signed by a surveyor. • North arrow,scale,and location/vicinity map • Property boundary and dimensions • Adjacent streets with names • Distance to nearest cross street Preparer's Signature% L) 2//'7 5 19 X • DATE /! �/ 7 I I, . NO■20031 all '-r) RECEIVED FROM V, D. MO DOLLARS ISM • R RENT v F� FOR ✓ _ /i/u _ (-r'1 J(:L/ t f 1tet U .� um]1 ACOUNT i/ OCASH �_ FROM f" ij�/ ioe6,..Le„),,;(7_k PAYMENT,. CHECK Ce BAL:DUE OORDER MONEY i BY /' * .d....2701 I Exhibit A Metes and Bounds Description lb Date: February 17, 2005 Tract 1: 5.57 Acres SITUATED in the State of Texas, County of Collin, being part of the Elisha Chambers Survey, Abstract No. 179, being part of a 160 acre tract of land from R.B. Coffey and wife, Ruby Coffey to Mary E. Robinson as recorded in Volume 384, Page 450 of the Collin County Land Records with said premises being more particularly described as follows: BEGINNING at a 1/2—inch iron rod found in the north right—of—way line of County Road 81 marking a southeast corner of a 156.880 acre tract surveyed by G.M. Geer dated June 4, 2004, said 156.880 acre tract being part of the resurvey of a 165.090 acre tract as recorded under County Clerk No. 93-0012851 of the Collin County Land Records; THENCE with the west line of said premises and an east line of said 156.880 acre tract, North 02'05'14" East, 175.31 feet to a 1—inch iron rod found marking the northwest comer of said premises and an interior corner of said 156.880 acre tract; THENCE with the north line of said premises and a south line of said 156.880 acre tract, South 88'22'29" East, 1348.19 feet to a 1/2—inch iron rod found marking the northeast comer of said premises and an interior corner of said 156.880 acre tract; THENCE with the east line of said premises and a southwesterly line of said 156.880 acre tract, South 28'27'23" East, 196.45 feet to a 1—inch iron rod found in the north right—of—way line of the aforementioned County Rood 81 marking the southeast corner of said premises and a southwest corner of said 156.880 acre tract; THENCE with the north right—of—way line of County Road 81 (Source Bearing) and the south line of said premises, North 88'38'42" West, 1237.07 feet to a 1/2—inch iron rod set and North 88'14'04" West, 211.01 feet to the point of beginning and containing 5.57 acres of land. Tract 2: 75.54 Acres SITUATED in the State of Texas, County of Collin, being part of the Wm. Butler Survey, Abstract No. 112, being part of a 160 acre tract of land from R.B. Coffey and wife, Ruby Coffey to Mary E. Robinson as recorded in Volume 384, Page 450 of the Collin County Land Records with said premises being more particularly described as follows: BEGINNING at a 3/8—inch iron rod found marking the southwest corner of said premises, being in the east line of Prestonview Estates—Phase I as recorded under CAD Slide 1203 and the northwest corner of Witt's 13.415 acre tract as recorded under County Clerk No. 94-0083652 of the Collin County Land Records; THENCE with a west line of said 160 acre tract, the east line of Prestonview Estates—Phase I and an east line of Raewood on Preston as recorded in Volume H, Page 781 of the Collin County Map Records as follows: North 03'30'07" East, 235.25 feet to a 1/2—inch iron rod found; North 03'14'53" East, 303.29 feet to a 1/2—inch iron rod found; North 03'22'33" East, 260.01 feet to a 1/2—inch iron rod found; North 03'01'22" East, 333.37 feet to a 1/2—inch iron rod found and North 03'06'57" East, 148.51 feet to a steel pipe fence corner post found in the south right—of—way line of County Road 81 marking the northwest corner of said premises and the northeast corner of said Raewood on Preston; THENCE with a north line of said premises and the south right—of—way line of County Road 81 as follows: South 88'14'04" East, 202.24 feet to a 1/2—inch iron rod set and South 88'38'42" East, 1295.03 feet to a 1—inch iron rod found marking the most northerly northeast corner of said premises and an interior corner of a 156.880 acre tract as surveyed by G.M. Geer dated June 4, 2004; THENCE with a northeasterly line of said premises and a southwesterly line of said 156.880 acre tract, South 28'27'49" East, 199.73 feet to a 1/2—inch iron rod found marking an interior corner of both tracts; THENCE with a north line of said premises and a south line of said 156.880 acre tract, South 88'19'41" East, 1057.81 feet to a 1—inch iron rod found in a approximate middle of County Road 80 marking the most easterly northeast corner of said premises, the most southerly southeast corner of said 156.880 acre tract, said corner being in the east line of said 160 acre tract and the west line of a 154.993 acre tract as recorded in Volume 4926, Page 1793 of the Collin County Land Records; THENCE with the approximate middle of County Road 80 along the east line of said premises, said 160 acre tract and the west line of said 154.993 acre tract, South 03'04'30" West, 1162.43 feet to a 60d nail found marking the southeast corner of said premises and the northeast corner of Stuber's 54.03 acre tract as recorded under County Clerk No. 94-0070218 of the Collin County Land Records; THENCE with a south line of said premises and the north line of Stuber's 54.03 acre tract, North 87'19'04" West, 1781.51 feet to a 1—inch iron rod found marking Stuber's northwest corner and the northeast corner of Herrmann's 13.415 acre tract as recorded under County Clerk No. 94-0083653 of the Collin County Land Records; THENCE with a south line of said premises and the north line of Herrmann's 13.415 acre tract, North 87'22'18" West, 439.05 feet to a 1/2—inch iron rod found marking Herrmann's northwest corner and the northeast corner of Witt's 13.415 acre tract as recorded under County Clerk No. 94-0083652 of the Collin County Land Records; THENCE with a south line of said premises and the north line of Witt's 13.415 acre tract, North 87'07'25" West, 441.23 feet to the point of beginning and containing 75.54 acres of land. F.E. Bemenderfer Jr. \5 TF 4P•' T....... Registered Professional i * . Land Surveyor No. 4051 F.E. BEMENDERFER JR. :po 4051 1 `N�fUR�E 4 19 IM...d Band.a.ayB.1 /rn.r:r2�'r' ',�"'S"r"t'$'ila8° 5�' aiwmrrsrrl.. row nlrror a.0•1 +/ >511.447.4r.1 K rr.0 rh a..� �..ai a w.5**NM • or r.y 1..r II .r.MY. 1.•I•15 *NM..r. _ r,Pt- IA •m - �w r�w,i•nu�an:n.1 i ff. MI.. � al.5 T e d - .""a...i ..u�eu.r.K I+..n r r 1.1111ao ��ni11 557 ACM y,`` rrr r:'.�'3• .r`.t ant .m.m. an ow ow r o-s1>a1 r r now~ IOU rrum.rr r..rr.rrrr ma.. • wy w i�ma,r r.Fr r. 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Vicinity Map O 700. 110. ...• Exhibit A • Annexation Request * . Mary E.Robinson Estate Property — % i/ice Tract 1-5.57Acres&Tract 2-75.54 Acres Elisha Chambers Survey,A-179 .......... " &Wm.Butler Survey,A-111 ,, 1. ... i COMB Februa County,y 1 Texas l::.8 1000761 y�,�r r.L.1..n.. y 7•� 117O 1 11. Q.pnF'®.4.PIE. IL • 1.1.n..n.a. ....kb. . i N.T.A 1721 On P.I.WO 413.A.I. F..'=• M fi]• p q m-n11 d S •ew..un.a. I f ii3 W. Broadway i1� P.O. Box 307 Prosper,Texas 75078 TOWN OF (972)346-2640 SP E (972)347-2111(fax) March 4, 2005 To whom it may concern, Notice is hereby given of the Town of Prospers intention to annex the following described property: ELISHA CHAMBERS SURVEY, ABSTRACT NO. 179, COLLIN COUNTY, TEXAS, AND THE WM. BUTLER SURVEY, ABSTRACT NO. 112, COLLIN COUNTY, TEXAS, CONTAINING A TOTAL OF 81.11 ACRES OF LAND, AND BEING MORE GENERALLY LOCATED ON THE NORTH AND SOUTH SIDES OF PROSPER TRAIL, 1,200± FEET WEST OF COIT ROAD. If you have any questions, please contact me, at 972.346.2640. Thank ou, N Shanae Jennings Town Secretary r Annexation Calendar 2005-01 Mary E. Robinson Estate Property Date Action Feb. 21, 2005 Deadline to submit annexation to staff March 4, 2005 Mail Annexation Letters to nearby service providers March 8, 2005 1) Council Acceptance of Annexation Petition. 2) Set Dates for 2 Public Hearings and Call for Service Plan. March 21, 2005 1) Notices posted in Dallas Morning News for 1st and 2nd Public Hearings. 2) Notice posted on Town Website for 1st & 2nd Public Hearings. April 12, 2005 Presentation of Service Plan and 1st Public Hearing with Town Council April 26, 2005 1) 2nd Public Hearing with Town Council 2) Annexation Initiated May 10, 2005 1) Consideration and possible adoption of Annexation Ordinance including Service Plan 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. OWN OF PROSPER, TEXAS NOTICE OF PUBLIC HEARINGS e 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 6:00 p.m., on April 12, 2005 and April 26, 2005, for the purpose of considering the annexation of the following described property: ELISHA CHAMBERS SURVEY, ABSTRACT NO. 179, COLLIN COUNTY, TEXAS, AND THE WM. BUTLER SURVEY, ABSTRACT NO. 112, COLLIN COUNTY, TEXAS, CONTAINING A TOTAL OF 81.11 ACRES OF LAND, AND BEING MORE GENERALLY LOCATED ON THE NORTH AND SOUTH SIDES OF PROSPER TRAIL, 1,200± FEET WEST OF COIT 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 P.O. Box 307 Prosper,Texas 75078 (972) 346-2640 www.prospertx.gov Fax(972) 347-2111 March 16,2005 Dallas Morning News ATTN: Lynda Black P.O. Box 655237 Dallas,Texas 75265-5237 RE: Publication of Notice for Public Hearings on an Annexation Dear Lynda, Please publish the following captions giving notice for public hearings on annexations one time in your Friday, March 18,2005 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 6:00 p.m.,on April 12, 2005 and April 26, 2005,for the purpose of considering the annexation of the following described property: ELISHA CHAMBERS SURVEY,ABSTRACT NO.179,COLLIN COUNTY,TEXAS,AND THE WM. BUTLER SURVEY, ABSTRACT NO.112,COLLIN COUNTY,TEXAS,CONTAINING A TOTAL OF 81.11 ACRES OF LAND,AND BEING MORE GENERALLY LOCATED ON THE NORTH AND SOUTH SIDES OF PROSPER TRAIL,1,200±FEET WEST OF COIT 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