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05-27 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 05.27 AN ORDINANCE PROVIDING FOR THE VOLUNTARY ANNEXATION OF A TRACT OF LAND SITUATED IN THE JEREMIAH HORN SURVEY, ABSTRACT NO. 411, COLLIN COUNTY, TEXAS, AND THE LARKIN MCCARTY SURVEY, ABSTRACT NO. 600, COLLIN COUNTY, TEXAS, CONTAINING APPROXIMATELY 138.702 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 310, L.P. to annex a tract of land containing approximately 138.702 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 Page 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. SECTION 9: Effective Date. This Ordinance shall become effective immediately upon its passage. Page 2 PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS THIS 14th DAY OF June, 2005. CHARLES NI GER, MA ATTESTED TO AND CORRECTLY RECORDED BY: HANAE JENNING , OWN SECR RY Page 3 TOWN OF PROSPER.TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE: NO. 05-27 DATE OF ANNEXATION ORDINANCE: June 14,2005 ACREAGE ANNEXED: Approximately 138.702 acres SURVEY,ABSTRACT&COUNTY: Jeremiah Horn Survey, Abstract No. 411, Collin County, Texas and Larkin McCarty Survey, Abstract No. 600, Coffin County, Texas CURRENT PROPERTY OWNER: Prosper 310,L.P. 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 UTILI7P 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 ''A) YEARS FROM THE DATE OF ADOPTION OF THE ANNEXATION ORDINANCE, OR UPON COMMENCEMENT OF DEVELOPMENT OF A SUBDMSION 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 UTIT.IZED 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. EXHIBIT "A" • PROPERTY DESCRIPTION All that certain tract or parcel of land situated in the Jeremiah Horn Survey,Abstract Number 411,and the Larkin McCarty Survey,Abstract Number 808,County of Collin,State of Texas;said tract being all of a tract as described in Deed to FF 141 Fairway Limited Partnership,filed 21 July 1998,and Recorded in Volume 4212 Page 2103 98-0077217 of the Deed Records of the County of Collin,State of Texas,and being more fully described as follows: BEGINNING for the northwest corner of the tract being described herein at a found'/z inch Steel Rebar,said rebar being the northwest corner of said fairway tract,and the northeast corner of a called 100.88 Acre tract as described in Deed to Rocking MS Family Partnership,filed 02 November 2002,and Recorded in Volume 4787 Page 1708 of said Deed Records,said rebar said being in the center line of Collin County Road Number 78(a gravel surfaced public road),said rebar also being on the south line of a called 198.88 Acre tract as described in Deed to HRC Ranch, LTD., filed 04 May 2001, and Recorded in Volume 4911 Page 2695 of said Deed Records; Thence;North 89 degrees 49 minutes 00 seconds East,with the north line of said Fairway tract,and with the center line of said road,a distance of 1631.41 feet to a found %z inch Steel rebar for the northwest corner of said Fairway tract, and the southwest corner of a called 504 Acre tract as described in Deed to Walnut Grove Cemetery Assoc.,filed 19 December 1921, and Recorded in Volume 238 Page 349 of said Deed Records,said rebar also being on the west Right-of-Way line of Farm-to- Market Road number 2478(an asphalt surfaced public road)as described in Deed to The State of Texas,filed 27 August 1957, and Recorded on Volume 529 Page 612 of said Deed Records" Thence;With the east line of said Campbell tract,and the west Right-of-Way line of said road the following 6(six)calls: 1. South 00 degrees 13 minutes 37 seconds East,a distance of 30.94 feet: 2. South 45 degrees 04 minutes 08 seconds East,a distance of 71.61 feet: 3. South 00 degrees 45 minutes 58 seconds East,a distance of 50.93 feet: 4. South 00 degrees 45 minutes 00 seconds East,a distance of 3226.90 feet: 5. South 44 degrees 23 minutes 38 second West,a distance of 70.37 feet: 6. South 00 degrees 23 minutes 09 second East,a distance of 26.25 feet to a found %z in Steel rebar for the southeast corner of Kevin Billings,file 26 April 1998,and Recorded in Volume 4153 Page 2036 pf said Deed Records, said rebar also being in Collin County Road Number 933 is gravel surfaced road: Thence: South 89 degrees 19 minutes 19 seconds West,with the south line of said Fairway tract,and passing the northwest corner of said Billings tract, said being the northeast corner of a called 65.941 Acre tract as described in Deed to FF 14" Fairway Limited Partnership, filed 18 June 1998, and Recorded in Volume 4189 Page 1158 of said Deed Records, and continuing on said course for a total distance of 790.82 feet to a found%z inch Steel Rebar for a corner: Thence: South 52 degrees 39 minutes 03 seconds West,with the south line of said Fairway 138.702 acre tract,and the north line of said Fairway 65.941 acre tract,and with said road,a distance 202.60 feet to a found%:inch Steel Rebar for a corner: Thence: South 00 degrees 36 minutes 57"East,with the west line of said Fairway 65.941 acre tract,a distance of 134.07 feet to a found%s in Steel Rebar for a corner of said fairway 198.702 acre tract,in the west line of said 65.941 acre tract,and the northeast corner of a called 104.483 acre tract as described in Deed to 104 Prosper, LP, filed 13 December 2002, and Recorded in Volume 5316 Page 5314 of said Deed Records: Thence: North 89 degrees 02 minutes 30 seconds West, and with the south line of said Fairway 130.702 acre tract,and the north line of said 104 Prosper.tract, and with said road, a distance of 722.94 feet to a found '/z inch Steel Rebar for the southwest corner of said Fairway 190.702 acre tract,and the southeast corner of said Rocking MS tract: Thence: North 00 degrees 02 minutes 41 seconds West,with the west line of said Fairway 190.702 acre tract,the east line of said Rocking MS tract,a distance of 3684.62 feet to the POINT OF BEGINNING and containing 138.702 Acres of land. I hereby State to FF 141 Fairway Limited Partnership, Darling Homes, Inc.,and the Republic Title of Texas, Inc. (a) this survey was made on the ground on the 10 September 2004,as per the field notes shown on this survey and correctly shows: (i)the boundaries and area of the subject property and the size,location and type of buildings and improvements thereon; (ii) the location of all right-of-ways,easements(of which I have knowledge or have been advised)affecting the subject property; (iii) all abutting roads providing access to the subject property and (b) except as shown on the survey, there are no (i) encroachments upon the subject property by improvements on adjacent property,or(ii)a conflicts or protrusions;(c)ingress to property egress from the subjecte Jp p rty is provided by Road 79,Road 933 and Road 2478: (d)that the quantity of land therein has been accurately calculated. 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COX LAND SURVEYING CO, j L101003 .W•41.?. •r::%:•..:• B' : 07.14 11.6.7 ft.INA. co.lar at.an tr.roue.•121.11.1.7.E.invo nuu 61111.11VILLI onano4us•nano 0.1.•••••1.••••DAY 1112-41114911 1 .r. ,..„.:.,„. c..,I•.E.a 1 .j. :o:': •:"...........6 00"36'57'E ' ............. • ...an.suatn-ura C.a.RITIORY117 I i!i.1 jgI.Ti!tr:Tl..".. 89.02 W.; 1'7.•1mrain FVa',i'3a''s'.•..'3.1...a 871.431.,81..f;2 App rox 3651 To femadon lara Mt CZ3s1?,..7 0.2%V•Df"X•V••.I. •::.:''7.''."Z.......o.r.e•••• EXHIBIT A3 wthUSHWY300 6" ANNEXATION EXHIBITp.n. 1-.1 1,....-4=,...7...t;firm7.-ti,4171,1,ttEnvezz=r,c:r FOR : Me 1 JeD 41, Cheek by•--05.-1, 04-6608 o.l.,4 V.R.o.A.PM 138.702 Acre Tract IN THE JEREMIAH HORN SURVEY,ABSTRACT No.411 AND LARKIN McCARTY SURVEY ABSTRACT NO.600 COLLIN COUNTY,TEXAS Prepared op Owner: Prosper 310, L.P. I--ILIITT-ODLIARS 5400 Dallas Parkway Dram Frisco,TX 75034 mai tAcKhruy Am.EMU 600 NUL Yams 7S204 Phone: (214) 618-3814 7'33fi F.C214)871-0757 March,28,2005 310 Prosper, L.P. DATE ' • INVOICE NO DESCRIPTION , ACCOUNT. ; INVOICE AMOUNT 3-28-05 32405a 310 tract Annex fee 455-00-1970.260 250 . 00 .. . • ... • CHECK CHECK 3-28-05 R 1046 TOTAL> 250 .00 DATE NuMBE PLEASE DETACH AND RETAIN FOR YOUR RECORDS 310 Prosper, L.P. t:qam,..,::;3:10.:e-,--eKiNycic,EINcy il,•,44,,A.,•!,.!'g4IDES.DRIPTkON's*:';:,f'11, c::yJ::`,-.:ACCOUNT,::'-'7' '-ar"-Y:: It'VifAtttlYSMAVOMWtr4, 3-28-05 32405a 310 tract Annex fee 455-00-1970.260 250. 00 CHECK CHECK 3-28-05 1046 TOTAL> 250.00 DATE NUMBER PLEASE DETACH AND RETAIN FOR YOUR RECORDS ;64,w64w-4446.cw.4(*.**.cw6.sw.(4*044** THE FACE OF THIS DOCUMENT HAS A COLORED BACKGROUND ON WHITE PAPER ,/:(0g*60441.0iidoitgeokitilk-toiloOldOOK040100MagOtW , % ,, ' ' ., ... 310 Prosper, LP. ,, .‘, , ;Y, ',, , , TEXAS CAPITAL BANK ',, ,/ ,1 4 !:,, y%„,,DALLAS,,TX, /:w; .f;k,,, ;t, T,% :,%,, 5400 Dallas Parkway , '„', '' ? '" ;;j':''''-,,/ 4/ % v,,, / A. # ,,,,,; ,4 , , ,,,,, ,;,„ ,•,/ , ,,, # K,,,; „ ,,‘,g. • , ,,„: r. Frisco, TX 75034 , ,7, e ', :,: - ,, ,,, ; -,/ , ,,, 4 ;- w P • 3 , , ,x, 7", ,,, ,,,,,. -,,,, 5., 4, ,, , ,7 /7., „i‘7,72, ;,,, ,4 - ,X, ,y, 21797 ,„ •, ,4„ 214-618-3800 'A /,' > ; /, a „, / wo 4 , -/,,,,„,:‘, f, ,, / 1110 .;„ i ,:, • .•,,,,, ;. %/ - • •-“ •• ,,, :,;,.., .,;:•', /;,,. •,,, • 4 ..,,, DATE i -ft'CHECK NO. AMOUNT' , , ' „;'/:*• / March 28, 2005 1046 $********250.00 ./.., Pay: ****************************** **Two hundred fifty dollars and no cents :• , , - ., , /, ../4 0 n / jPrOtpe * , / ; rikY P4 gjown t4",•;: A "' .' ; ,'%; ' ; /4 / '70% ,:' A4 -,,/ A,' 4 ', ORbtR bF'4;-•,,, ' ,:, , ,(;,/- ,,,,, ; ;,' v g,, • ,- 0, ' ;,. 0 0 ‘ ; „ 5, /•P%''• "t%, 1, , ' ' ///7/' /'' ' ' 7/ " /" ' i 04,*(44t.04,10,0t..:4< .44:g.0144.0tx 0 THE BACK OF THIS DOCUMENT CONTAINS AN ARTIFICIAL WATERMARK—HOLD AT AN GLE T VIEW "600000 10461111 1: L LOL79791: L3 i LO L IA L99111 ANNEXATION CHECKLIST 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 ''A"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 'A" 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 5) Lt- 1-"QENGH,AG,64._ 18 HU IThZOLkt S HUITT-ZOLIARS,INC. • 3131 McKinney Ave. • Suite 600 t Dallas,TX 75 204-2 48 9 • 214.871.3311 phone 214.871.0757 fax • huitt-zollars.com March 28, 2005 Mr.Mitch Humble, Director Town of Prosper Planning Department 407 E. First Street Prosper, Texas 75078 Subject: Annexation Petition and Zoning Request for approximately 516.2 acres of land Prosper 310,L.P. (Owner),Edmund W. Mudge, III and Laura Mudge Dicker(Owner) Reference: Jeremiah Horn Survey, Abstract 411, Collin County, Texas Larkin McCarty Survey,Abstract 600, Collin County, Texas Dear Mr. Humble: Attached please find for your review our submittal of the Annexation Petition and Zoning Application for approximately 516.2 acres of land in five parcels. The purpose of this request is to add 386.191 acres of land to the corporate boundary of the Town of Prosper and to establish Planned Development zoning for 516.267 acres of land consistent with the Town's Future Land Use Plan and in a manner that meets the current market demands for residential and commercial development. After your review, please feel free to contact me with any questions or comments you might have. It is our understanding that, according to the Zoning and Development Review Schedule, this item will be placed on the Town Council Agenda for the first public hearing on May 10, 2005 with final consideration of the both annexation and zoning on June 14, 2005. Thank you for your time and attention to this matter. Sincerely, HUITT-ZOLLARS, C. Bill Muenchinger, AI P Project Manager Attachments c: Mr. Bruce Smith, LandPlan Development Company Ms. Kimberly D. Mudge C:\WINNT\Profiles\fannon\Temporary Internet Files\OLKS\516acTract Cover Letter 032805.doc U.S. Department of Justice Vit'' "' Civil Rights Division JKT:MSR:RJD:jdh Voting Section-NWB. DJ 166-012-3 950 Pennsylvania Avenue,N.W. Washington,DC 20530 2005-3208 November 1, 2005 Ms. Shanae Jennings Town Secretary P.O. Box 307 Prosper, Texas 75078 Dear Ms. Jennings: This refers to eight annexations (Ordinance Nos. 05-26 through 05-33) to the Town of Prosper in Collin 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 September 7, 2005. Our analysis indicates that Ordinance No. 05-30 received the requisite Section 5 preclearance on March 1, 2005. (A copy of our letter is enclosed.) Accordingly, no further determination by the Attorney General is required or appropriate under Section 5. Procedures for the Administration of Section 5 of the Voting Rights Act(28 C.F.R. 51.35). The Attorney General does not interpose any objection to the remaining 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 28 C.F.R. • 51.41. siki : ely; 11 1_O- Prann er oting Section Enclosure h C0 0/1 c �� COMPTROLLER OF PUBLIC ACCOUNTS t %^ 114 P.O. BOX 13528 o` ��� '"' ' AUSTIN TX 78711-3528 xAs October 3, 2005 Ms. Shanae Jennings Town Secretary Town of Prosper Post Office Box 307 Prosper, Texas 75078 Dear Ms. Jennings: We have received annexation ordinance nos. 05-26, 05-27, 05-28, 05-29, 05-30, 05-31, 05-32 and 05-33 and the map indicating the areas to be annexed into the City of Prosper . The local sales and use tax will become effective in the annexed areas January 1, 2006 as they appear on the maps. I also spoke with Mitch Humble in your office on September 23, 2005 and he stated that the newly annexed areas currently have no existing businesses. Our records indicate the following utility companies that service the areas are: TXU Retail Energy Retail Company, LP Denton County Electric Cooperative TXU Gas Company Friendship Cable of Texas, Inc. (Cebridge Connections) 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 502741. My direct number is 512/475-0274. Sincerely, \ jbo Veronica P. Harycki Revenue Accounting Division Tax Allocation Section Cc: Mitch Humble i PR5° P °IR WF P.O. Box 307 • 113 W. Broadway • Prosper, TX. 75078 • 972.346.2640 • Fax. 972.347.2111 August 23, 2005 Registrar of Voters 2010 Redbud Blvd., Suite 102 McKinney, Texas 75069 VIA CERTIFIED MAIL RECEIPT NO. 7004 0750 0004 1007 8418 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. I am enclosing maps indicating the location of the annexed areas, along with the legal description of each area. Ordinance No. Number of Acres 05-26 100.88+ 05-27 138.702+ 05-28 146.609+ 05-29 85.789+ 05-30 3.350+ 05-31 82.459+ 05-32 86.999+ 05-33 100.288+ If you should require additional information, please feel free to contact me at 972.346.2640. Sincerely, ,1411a-e Shanae Jennings Town Secretary TPR ° P °IR WF P.O. Box 307 • 113 W. Broadway • Prosper, TX. 75078 • 972.346.2640 • Fax. 972.347.2111 August 23, 2005 Texas Department of Transportation Attn: TPP Mapping PO Box 179217 Austin, Texas 78714-9217 VIA CERTIFIED MAIL RECEIPT NO. 7004 0750 0004 1007 8401 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. I am enclosing maps indicating the location of the annexed areas, along with the legal description of each area. Ordinance No. Number of Acres 05-26 100.88+ 05-27 138.702+ 05-28 146.609+ 05-29 85.789+ 05-30 3.350+ 05-31 82.459+ 05-32 86.999+ 05-33 100.288+ If you should require additional information, please feel free to contact me at 972.346.2640. Sincerely, Shanae Jennings Town Secretary iv- PR5°�P °IR P.O. Box 307 • 113 W. Broadway • Prosper, TX. 75078 • 972.346.2640 • Fax. 972.347.2111 August 23, 2005 Denton County Courts Building 1450 E. McKinney Street Denton, Texas 76209 VIA CERTIFIED MAIL RECEIPT NO. 7004 0750 0004 1007 8395 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. I am enclosing maps indicating the location of the annexed areas, along with the legal description of each area. Ordinance No. Number of Acres 05-26 100.88+ 05-27 13 8.702+ 05-28 146.609+ 05-29 85.789+ 05-30 3.350+ 05-31 82.459+ 05-32 86.999+ 05-33 100.288+ If you should require additional information, please feel free to contact me at 972.346.2640. Sincerely, if.-4("1"1--ege'64/ Shanae Jennings Town Secretary 11 PRTk ° P °IR WF P.O. Box 307 • 113 W. Broadway • Prosper, TX. 75078 • 972.346.2640 • Fax. 972.347.2111 August 23, 2005 Burlington Northern Railroad c/o Alec Vincent 2500 Lou Menk Drive AOB 3 Fort Worth, Texas 76131 VIA CERTIFIED MAIL RECEIPT NO. 7004 0750 0004 1007 8388 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. I am enclosing maps indicating the location of the annexed areas, along with the legal description of each area. Ordinance No. Number of Acres 05-26 100.88+ 05-27 138.702+ 05-28 146.609+ 05-29 85.789+ 05-30 3.350+ 05-31 82.459+ 05-32 86.999+ 05-33 100.288+ If you should require additional information, please feel free to contact me at 972.346.2640. Sincerely, Shanaefia47L/ut n Town Secretary it PRT5°SP °IR F P.O. Box 307 • 113 W. Broadway • Prosper, TX. 75078 • 972.346.2640 • Fax. 972.347.2111 August 23, 2005 Office of the Secretary of State Attn: Nina Weston Statutory Documents Division Austin, Texas 78711-2887 VIA CERTIFIED MAIL RECEIPT NO. 7004 0750 0004 1007 8371 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. I am enclosing maps indicating the location of the annexed areas, along with the legal description of each area. Ordinance No. Number of Acres 05-26 100.88+ 05-27 138.702+ 05-28 146.609+ 05-29 85.789+ 05-30 3.350+ 05-31 82.459+ 05-32 86.999+ 05-33 100.288+ If you should require additional information, please feel free to contact me at 972.346.2640. Sincerely, 4,,,,,,,,,y,v, h ennings Town Secretary TPR ° P °IR WF P.O. Box 307 • 113 W. Broadway • Prosper, TX. 75078 • 972.346.2640 • Fax. 972.347.2111 August 23, 2005 Collin County Central Appraisal District Attn: Twila Foreman 2404 Avenue K Plano, Texas 75074 VIA CERTIFIED MAIL RECEIPT NO. 7004 0750 0004 1007 8364 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. I am enclosing maps indicating the location of the annexed areas, along with the legal description of each area. Ordinance No. Number of Acres 05-26 100.88+ 05-27 138.702+ 05-28 146.609+ 05-29 85.789+ 05-30 3.350+ 05-31 82.459+ 05-32 86.999+ 05-33 100.288+ If you should require additional information, please feel free to contact me at 972.346.2640. Sincerely, • hang/1/t.h.t4-tr) s Town Secretary i 1- TOWN OF SPER P.O. Box 307 • 113 W. Broadway • Prosper, TX. 75078 • 972.346.2640 • Fax. 972.347.2111 August 23, 2005 Collin County GIS /9-1-1 Rural Addressing Attn: Ramona Mayrath 210 S. McDonald Street, Suite 26 McKinney, Texas 75069 VIA CERTIFIED MAIL RECEIPT NO. 7004 0750 0004 1007 8357 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. I am enclosing maps indicating the location of the annexed areas, along with the legal description of each area. Ordinance No. Number of Acres 05-26 100.88+ 05-27 138.702+ 05-28 146.609+ 05-29 85.789+ 05-30 3.350+ 05-31 82.459+ 05-32 86.999+ 05-33 100.288+ If you should require additional information, please feel free to contact me at 972.346.2640. Sincerely, Shanla/6" Ir) s Town Secretary ih TOWN OF sPER P.O. Box 307 • 113 W. Broadway • Prosper, TX. 75078 • 972.346.2640 • Fax. 972.347.2111 August 23, 2005 Co-Sery Gas Attn: Gary Smith 7701 S. Stemmons Corinth, Texas 76210 VIA CERTIFIED MAIL RECEIPT NO. 7004 0750 0004 1007 8340 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. I am enclosing maps indicating the location of the annexed areas, along with the legal description of each area. Ordinance No. Number of Acres 05-26 100.88+ 05-27 138.702+ 05-28 146.609+ 05-29 85.789+ 05-30 3.350+ 05-31 82.459+ 05-32 86.999+ 05-33 100.288+ If you should require additional information, please feel free to contact me at 972.346.2640. Sincerely, Sha ennings Town Secretary 11 TPR ° P °IR WF P.O. Box 307 • 113 W. Broadway • Prosper, TX. 75078 • 972.346.2640 • Fax. 972.347.2111 August 23, 2005 Co-Sery Electric Attn: Janet Knight 7701 S. Stemmons Corinth, Texas 76210 VIA CERTIFIED MAIL RECEIPT NO. 7004 0750 0004 1007 8333 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. I am enclosing maps indicating the location of the annexed areas, along with the legal description of each area. Ordinance No. Number of Acres 05-26 100.88+ 05-27 13 8.702+ 05-28 146.609+ 05-29 85.789+ 05-30 3.350+ 05-31 82.459+ 05-32 86.999+ 05-33 100.288+ If you should require additional information, please feel free to contact me at 972.346.2640. Sincerely, fee:/t-A-A-Vr•-). Shan ennings Town Secretary i PRT5° P °IR WF P.O. Box 307 • 113 W. Broadway • Prosper, TX. 75078 • 972.346.2640 • Fax. 972.347.2111 August 23, 2005 United States Department of Commerce Bureau of the Census Geography Division Washington, DC 20233 VIA CERTIFIED MAIL RECEIPT NO. 7004 0750 0004 1007 8326 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. I am enclosing maps indicating the location of the annexed areas, along with the legal description of each area. Ordinance No. Number of Acres 05-26 100.88+ 05-27 138.702+ 05-28 146.609+ 05-29 85.789+ 05-30 3.350+ 05-31 82.459+ 05-32 86.999+ 05-33 100.288+ If you should require additional information, please feel free to contact me at 972.346.2640. Sincerely, / Innings Town Secretary TPRT ° P °IR WF P.O. Box 307 • 113 W. Broadway • Prosper, TX. 75078 • 972.346.2640 • Fax. 972.347.2111 August 23, 2005 Ms. Joyce Ballard Comptroller of Public Accounts Revenue Accounts Division PO Box 13528 Austin, Texas 78711 VIA CERTIFIED MAIL RECEIPT NO. 7004 0750 0004 1007 8319 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. I am enclosing maps indicating the location of the annexed areas, along with the legal description of each area. Ordinance No. Number of Acres 05-26 100.88+ 05-27 13 8.702+ 05-28 146.609+ 05-29 85.789+ 05-30 3.350+ 05-31 82.459+ 05-32 86.999+ 05-33 100.288+ If you should require additional information, please feel free to contact me at 972.346.2640. Sincerely, Sh Jennings Town Secretary PR1bP0IR OWF P.O. Box 307 • 113 W. Broadway • Prosper, TX. 75078 • 972.346.2640 • Fax. 972.347.2111 August 23, 2005 US Department of Justice Civil Rights Division Chief, Voting Section PO Box 66128 Washington, DC 20035-6128 VIA CERTIFIED MAIL RECEIPT NO. 7004 0750 0004 1007 8302 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. I am enclosing maps indicating the location of the annexed areas, along with the legal description of each area. Ordinance No. Number of Acres 05-26 100.88+ 05-27 138.702+ 05-28 146.609+ 05-29 85.789+ 05-30 3.350+ 05-31 82.459+ 05-32 86.999+ 05-33 100.288+ If you should require additional information, please feel free to contact me at 972.346.2640. Sincerely, • Shanae;innings Town Secretary TOWN OF SPER P.O. Box 307 • 113 W. Broadway • Prosper, TX. 75078 • 972.346.2640 • Fax. 972.347.2111 August 23, 2005 Denton County Department of Public Works Planning and GIS Office Attn: Mark Lindsay 306 N. Loop 288, Suite 115 Denton, Texas 76209 VIA CERTIFIED MAIL RECEIPT NO. 7004 0750 0004 1007 8296 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. I am enclosing maps indicating the location of the annexed areas, along with the legal description of each area. Ordinance No. Number of Acres 05-26 100.88+ 05-27 138.702+ 05-28 146.609+ 05-29 85.789+ 05-30 3.350+ 05-31 82.459+ 05-32 86.999+ 05-33 100.288+ If you should require additional information, please feel free to contact me at 972.346.2640. Sincerely, .ire/tyli-e\-12) Shan ennings Town Secretary TPR0PrR WOF P.O. Box 307 • 113 W. Broadway • Prosper, TX. 75078 • 972.346.2640 • Fax. 972.347.2111 August 23, 2005 Southwestern Bell Telephone Company Attn: Julia Freeman 308 S. Akard, Room 104 Dallas, Texas 75202 VIA CERTIFIED MAIL RECEIPT NO. 7004 0750 0004 1007 8289 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. I am enclosing maps indicating the location of the annexed areas, along with the legal description of each area. Ordinance No. Number of Acres 05-26 100.88+ 05-27 138.702+ 05-28 146.609+ 05-29 85.789+ 05-30 3.350+ 05-31 82.459+ 05-32 86.999+ 05-33 100.288+ If you should require additional information, please feel free to contact me at 972.346.2640. Sincerely, Sh ennings To Secretary TPR ° P °FR WF P.O. Box 307 • 113 W. Broadway • Prosper, TX. 75078 • 972.346.2640 • Fax. 972.347.2111 August 23, 2005 Texas State Data Center Population Estimates Program 2125 TAMU College Station, Texas 77843-9988 VIA CERTIFIED MAIL RECEIPT NO. 7004 0750 0004 1007 8272 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. I am enclosing maps indicating the location of the annexed areas, along with the legal description of each area. Ordinance No. Number of Acres 05-26 100.88+ 05-27 13 8.702+ 05-28 146.609+ 05-29 85.789+ 05-30 3.350+ 05-31 82.459+ 05-32 86.999+ 05-33 100.288+ If you should require additional information, please feel free to contact me at 972.346.2640. Sincerely, Sh Jennings Town Secretary TPRT0PFR WOF P.O. Box 307 • 113 W. Broadway • Prosper, TX. 75078 • 972.346.2640 • Fax. 972.347.2111 August 23, 2005 Oncor Gas and Electric Attn: Gerald Perrin 400 W. Virginia Parkway McKinney, Texas 75069 VIA CERTIFIED MAIL RECEIPT NO. 7004 0750 0004 1007 8265 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. I am enclosing maps indicating the location of the annexed areas, along with the legal description of each area. Ordinance No. Number of Acres 05-26 100.88+ 05-27 138.702+ 05-28 146.609+ 05-29 85.789+ 05-30 3.350+ 05-31 82.459+ 05-32 86.999+ 05-33 100.288+ If you should require additional information, please feel free to contact me at 972.346.2640. Sincerely, ,471z ings ecretary i PRTk ° P °FR WF P.O. Box 307 • 113 W. Broadway • Prosper, TX. 75078 • 972.346.2640 • Fax. 972.347.2111 August 23, 2005 Cebridge Cable Attn: Doug Hull 3815 Pioneer Road Balch Springs, Texas 75180 VIA CERTIFIED MAIL RECEIPT NO. 7004 0750 0004 1007 8258 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. I am enclosing maps indicating the location of the annexed areas, along with the legal description of each area. Ordinance No. Number of Acres 05-26 100.88+ 05-27 138.702+ 05-28 146.609+ 05-29 85.789+ 05-30 3.350+ 05-31 82.459+ 05-32 86.999+ 05-33 100.288+ If you should require additional information, please feel free to contact me at 972.346.2640. Sincerely, - Sh Jennings Town Secretary f Y ..1. 11 TOWN OF SPER P.O. Box 307 • 113 W. Broadway • Prosper, TX. 75078 • 972.346.2640 • Fax. 972.347.2111 August 23, 2005 IESI Attn: Mike Wilson 721 Anderson Street McKinney, Texas 75069 VIA CERTIFIED MAIL RECEIPT NO. 7004 0750 0004 1007 8241 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. I am enclosing maps indicating the location of the annexed areas, along with the legal description of each area. Ordinance No. Number of Acres 05-26 100.88+ 05-27 138.702+ 05-28 146.609+ 05-29 85.789+ 05-30 3.350+ 05-31 82.459+ 05-32 86.999+ 05-33 100.288+ If you should require additional information, please feel free to contact me at 972.346.2640. Sincerely, Sh Jennings Town Secretary .A 7_ C `. _ .fit, 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 TOWN OF PROSPER, TEXAS -' 'n THE DALLAS MORNING NEWS—COLLIN COUNTY EDITION on: NOTICE OF PUBLIC HEARINGS ON ANNEXATION lotice is hereby given that public hearings will be eld by the Governing Body of the Town of Prosper, April 22, 2005 exas, in the First Baptist Church Children's Build- ig, 601 S. Church Street, at 8:00 p.m.,on May 10, 005 and May 24, 2005, for the purpose of conaid- ring the annexation of the following described roperty'. EREMIAH HORN SURVEY, ABSTRACT NO. 11, COLLIN COUNTY, TEXAS, CONTAINING LPPROXIMATELY 72.13 ACRES OF LAND,AND HE LARKIN MCCARTY SURVEY, ABSTRACT 10. 600, COLLIN COUNTY,TEXAS, CONTAIN- VG APPROXIMATELY 28.76 ACRES, FOR A 'OTAL OF APPROXIMATELY 100.88 ACRES OF �.AND, AND BEING MORE GENERALLY LOCAT- ',D ON THE SOUTH SIDE OF FIRST STREET„ „000 FEET WEST OF CUSTER ROAD. (Lynda Black) EREMIAH HORN SURVEY, ABSTRACT NO. .11, COLLIN COUNTY, TEXAS, AND LARKIN IICCARTY SURVEY,ABSTRACT NO.600,COL- .IN COUNTY,TEXAS, CONTAINING APPROXI- MATELY 138.702 ACRES OF LAND, AND BE- NG MORE GENERALLY LOCATED ON THE IOUTHWEST CORNER OF FIRST STREET AND :USTER ROAD. IEREMIAH HORN SURVEY, ABSTRACT NO. 111, COLLIN TY, TEXAS, \PPROXIMATELOUY ACRES OOFAINING LAND,subscribed before me this April 22, 2005, A.D ►ND BEING MORE GENERALLY LOCATED ON rHE NORTH SIDE OF UNIVERSITY DRIVE,3,000 :EET WEST OF CUSTER ROAD. :OLLIN COUNTY SCHOOL LAND SURVEY, AB- STRACT NO. 147, COLLIN COUNTY, TEXAS, CONTAINING APPROXIMATELY 86.789 ACRES )F LAND, AND BEING MORE GENERALLY LO- ATED ON THE NORTHWEST CORNER OF )ALLAS PARKWAY AND PROSPER TRAIL. �I COLLIN COUNTY SCHOOL LAND SURVEY, AB- f1 ;TRACT NO. 147, COLLIN COUNTY, TEXAS, CONTAINING APPROXIMATELY 3.360 ACRES III(I/ (Lisa Batte field) )F LAND, AND BEING MORE GENERALLY LO- T01 //// :ATED ON THE EAST SIDE OF DALLAS PARK- , \��SNFiAs ' NAY, 1,600 FEET NORTH OF PROSPER TRAIL. COLLIN COUNTY SCHOOL LAND SURVEY, AB- C.o`,••1,'UBUC•• /� ;TRACT NO. 147, COLLIN COUNTY, TEXAS, CONTAINING APPROXIMATELY 82.469 ACRES )F LAND, AND BEING MORE GENERALLY LO- �:2 � •••• GATED ON THE EAST SIDE OF LEGACY DRIVE, S: �.�� 1,600 FEET NORTH OF FISHTRAP ROAD. COLLIN COUNTY SCHOOL LAND SURVEI, AB- ' 3TRACT NO. 147, COLLIN COUNTY, TEXAS, STATES CONTAINING APPROXIMATELY 88.999 ACRES • �t,�!`� 3F LAND, AND BEING MORE GENERALLY LO- -•....... :ATE ON THE SOUTH SIE OF rR ILD1 500 FEET EAST OF LEGACY DRIIVE.R '�;„1/• DUNE 1 `���� COLLIN COUNTY SCHOOL LAND SURVEY, AB ////III<<,,`` STRACT NO. 147, COLLIN COUNTY, TEXAS, CONTAINING APPROXIMATELY 100.288 ACRES OF LAND, AND BEING MORE GENER- ALLY LOCATED ON THE NORTH SIDE OF FISHTRAP ROAD, 2,500 FEET EAST OFLEG- ACY DRIVE. 411 interested citizens and property own hereby notified of their right to appear and b nn the matter. cti�noo ionninne Tnwn Cwrtmtarv' S its: 113 W. Broadway P.O. Box 307 Prosper,Texas 75078 P1 TOWN OF (972)346-264o ' S PER (972)347-2111(fax) April 6, 2005 To whom it may concern, Notice is hereby given of the Town of Prospers intention to annex the following described property: JEREMIAH HORN SURVEY,ABSTRACT NO. 411, COLLIN COUNTY, TEXAS, CONTAINING APPROXIMATELY 72.13 ACRES OF LAND, AND THE LARKIN MCCARTY SURVEY, ABSTRACT NO. 600, COLLIN COUNTY, TEXAS, CONTAINING APPROXIMATELY 28.75 ACRES, FOR A TOTAL OF APPROXIMATELY 100.88 ACRES OF LAND, AND BEING MORE GENERALLY LOCATED ON THE SOUTH SIDE OF FIRST STREET, 2,000± FEET WEST OF CUSTER ROAD. (A 2005-02{a)) JEREMIAH HORN SURVEY, ABSTRACT NO. 411, COLLIN COUNTY, TEXAS, AND LARKIN MCCARTY SURVEY, ABSTRACT NO. 600, COLLIN COUNTY, TEXAS, CONTAINING APPROXIMATELY 138.702 ACRES OF LAND, AND BEING MORE GENERALLY LOCATED ON THE SOUTHWEST CORNER OF FIRST STREET AND CUSTER ROAD. (A 2005-03{b}) JEREMIAH HORN SURVEY,ABSTRACT NO. 411, COLLIN COUNTY, TEXAS, CONTAINING APPROXIMATELY 146.609 ACRES OF LAND, AND BEING MORE GENERALLY LOCATED ON THE NORTH SIDE OF UNIVERSITY DRIVE, 3,000± FEET WEST OF CUSTER ROAD. (A 2005-04{c}) COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147, COLLIN COUNTY, TEXAS, CONTAINING APPROXIMATELY 85.789 ACRES OF LAND,AND BEING MORE GENERALLY LOCATED ON THE NORTHWEST CORNER OF DALLAS PARKWAY AND PROSPER TRAIL. (A 2005-05) COLLIN COUNTY SCHOOL LAND SURVEY,ABSTRACT NO. 147, COLLIN COUNTY, TEXAS, CONTAINING APPROXIMATELY 3.350 ACRES OF LAND,AND BEING MORE GENERALLY LOCATED ON THE EAST SIDE OF DALLAS PARKWAY, 1,500± FEET NORTH OF PROSPER TRAIL. (A 2005-06) COLLIN COUNTY SCHOOL LAND SURVEY,ABSTRACT NO. 147, COLLIN COUNTY,TEXAS, CONTAINING APPROXIMATELY 82.459 ACRES OF LAND,AND BEING MORE GENERALLY LOCATED ON THE EAST SIDE OF LEGACY DRIVE, 1,500± FEET NORTH OF FISHTRAP ROAD. (A 2005-07{a}) COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147,COLLIN COUNTY, TEXAS, CONTAINING APPROXIMATELY 86.999 ACRES OF LAND, AND BEING MORE GENERALLY LOCATED ON THE SOUTH SIDE OF PROSPER TRAIL, 1,500± FEET EAST OF LEGACY DRIVE. (A 2005-08{b}) COLLIN COUNTY SCHOOL I D SURVEY, ABSTRACT NO. 147, COLT :OUNTY, TEXAS, CONTAINING APPROXIMATELY 100.288/ ES OF LAND,AND BEING MORE GENENALLY LOCATED ON THE NORTH SIDE OF FISHTRAP ROAD,2,500± FEET EAST OF LEGACY DRIVE. (A 2005-09{c}) If you have any questions, please contact me, at 972.346.2640. Thank you, Shanae Jennings Town Secretary P 113 W. Broadway P.O. Box 307 Prosper,Texas 75078 I TOWN OF (972)346-2640 P '.'�� iER (972)347-9861 (fax) April 6, 2005 To whom it may concern, Notice is hereby given of the Town of Prospers intention to annex the following described property: LARKIN MCCARTY SURVEY, ABSTRACT NO. ???, COLLIN COUNTY, TEXAS, AND THE JEREMIAH HORN SURVEY, ABSTRACT NO. 411, COLLIN COUNTY, TEXAS, CONTAINING APPROXIMATELY 138.702 ACRES OF LAND, AND BEING MORE GENERALLY LOCATED AT THE SOUTHWEST CORNER OF FIRST STREET AND CUSTER ROAD. If you have any questions, please contact me, at 972.346.2640. Thank you, Shanae Jennings Town Secretary Annexation Calendar 2005-03 Prosper 310, L.P. Date Action March 28, 2005 Deadline to submit annexation to staff April 8, 2005 Mail Annexation Letters to nearby service providers April 12, 2005 1) Council Acceptance of Annexation Petition. 2) Set Dates for 2 Public Hearings and Call for Service Plan. April 25, 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. May 10, 2005 Presentation of Service Plan and 1st Public Hearing with Town Council May 24, 2005 1) 2nd Public Hearing with Town Council 2) Annexation Initiated June 14, 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. 04_dOt 11 Ce, 0 S—27 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',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. C O er' ignature#1 THE STATE OF T COUNTY OF Before me,the undersigned authority,on this day personally appearedknown to me to be the whose name is subscribed to the fore oin instrument and acQ1 ¼14)j (.MIl noled ed to m that he or she executed personforegoing owledged same for the purposes and consideration therein expressed. Given under my hand and seal of office,this ,. ' Lift day of ,20 US. (SEAL) , r -� ., 1 . " /• _ ..;..`.„ TINA MAYFIEL D , Notary Public m and for the State o exas MY COMMISSION EXPIRES i ':; ,°``, August 7,2007 9- 7-0 1 My Town Council 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 . 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' w tiallt'4,4i t\1 11 .01,0I pP i '..p tltlj 1 •►i s41 .N rwroa 705041.10o •41 0°J £61111611930 t.w0��o M Irossp Alt^ •ro■ eut•q ppus '■s"sl Jo olole a'•w�1too Jo Rlunt� •4i Jo •P PSipJit41 j IaIZ 69IZ 114004_tdwvitt •i imaArlu• �II• °P00 s9 866t Aloenevi t Pp lie ' 14o *gels PP11p1,�^A+ei••Rrits 3 seelpi t10r"N is -'1 9V •Raw,r+g rtlseasll uL(r0, +41 Pus 1+•r1 '1pimp1 4s gy 78•A4mg wJem I4 io.41. gy1 ui i'lonles P"'ii Jp laasid r0 iatsrl UI.1,+ia ir41 liv si41�'T! 1 `AO0/9P Wldit13.930 Lltfidadd vnnfifi ct:•t tt:n C1R:•t inn /einT/i2bT7 vva Tern ennzitanicn U5/Ub/ZUU0 UU:DZ rAA Z140l1U(Dl riUlll GVLLt1AJ ULfLLIJ YJvVo • • • PROPERTY DESCRIPTION • • All that certain tract or parcel of land situated in the Jeremiah Horn Survey. Abstract Number 411, County of Collin, .State of Tetras. said tract being all of Tract One a called I .4151 acre tract and ails of Tract Two a relied 0.6065 acre tract as described in deed to Bruce A. Mundy et ax, Denise Mundy. ftfe3 25-February 1992. and recorded in clerlis number 92-0011459 of the deed records of the ."ouaty of Collin. Slate of Texas. and betas more fully described as _folfo►s• Beginning for the northeast corner of.ahe tract being described herein at a found I\2 inch rebar. said rebar being the northeosl corner of said tract two. same being the northwest corner of a called 104 483 etretract os described in deed to 104 Prosper LP. filed 13 December 2092. and recorded in volume 5316 pose 5314 of sold deed records. said rebar olio being is the teeter of Collin County • Road Number 933: Thence. South 00 degrees 06 minutes 54 seconds East. with the east line of said tract Ieo, and with the west line of sold 104 Prosper tract and posting al 17.3 deer on old wood fence corner post on the south side of said road. and continuing on said course with on old barbed etre fence and tree line a total distance of 292 98 feet to o found 1\2 inch rebar for the southeast corner of said trod too. tame being the most easterly northeast corner of a called 146.56 acre tract as described in deed to FF 14th Fortioy•Limited Partnership. filed 24 June 1998, and recorded in vol'wue A 193 page 1544 of said deed records: Thence. South 86 degrees 33 a notes 29 seconds West. tills the south fine of said trots two. and with the north line of said FF 14th Fairway tract. and with an old barbed wire fence. and tree line. a distance of 2205.05 feet to a found 112 inch rebar by an old wood fence corner posi for the southwest corner of said tract one. sane being an ell corner of said FF f4th Fairway tract. Thence North 01 degrees 09 minutes 15 seconds-East" with the west line of said tract one end With the east line of sold FF 14th Foirsay tract. and with an ofd barbed sire fence and tree line. a distance of 312.40 feet to a foetid 1\2 loch rebar for the northeest corner of said tract one. same being the most northerly northeast corner of said FF 14th Fatrrey trod . and said rebor being 1,n. the center of said rood: Thence. South 89 degrees 4D minute: 18 seconds East. soh the north line of said tract one. and with the center of said road, a distance of 287 64 feet to the POINT CF" BFG1NN1N6 and containing 2.022 acres of land. 1 The underst-fined does hereby State to Bruce A. Mundy el us. Denise Mundy shot the mop or plat :s based upon an on the ground survey. dosed 19 March 2005. and :hot is is a true% rorrecrt and accurate representation of the property os surveyed: ihot the t)ucnsity of iorJ therein has been accurately calculated: that the plot conforms to or exceeds she current Minimum 5iorsdards for Professional Land. Surveyors as adapted bp the Texas Board of Prcfensroiiol Land Surveying. and sold property has access to a roadway unless otherwise noted. This Plot and Description was prepared for the exclusive use of the person or persons named in the above statements" Said statement does not extend to any unnamed,person without on express . ,, reJ dli_n Q_1ty .l i'e sj ¢_ e7or..n.o i.oy .tatd fierson,. Thrs survey_ was prepared for, the trantoot ion os' doted ` e eerie. n, 4 IS AV go us' asc4 in'any otriet 1r4n:act :., _a.f . Py ! ;GHT ARE RFTPVFf` �'� 23 March 2005 , pt. � o• A. t • (' ERIC BRENNAN °•'< •"•«•••«•/•« Erir, Brennan. seas Re9.islere • 5560 Y Professional Land Surveyor '%Ont. +0. Number 5+560 • \. 4,, •'••...•..• . f • • SuRvSq4Q sitWJ 2 C �,�,( „,gyp EXHIBIT "A" PROPERTY DESCRIPTION All that certain tract or p•. 1 o • d situated in the Jeremiah Horn Survey,Abstract Number 411,and the Larkin McCarty Survey,Abstract Numb r 808, : ty of Collin,State of Texas;said tract being all of a tract as described in Deed to FF 14th Fairway Limited Partner ., iled 21 July 1998,and Recorded in Volume 4212 Page 2103 98-0077217 of the Deed Records of the County of Collin,State of Texas,and being more fully described as follows: BEGINNING for the northwest corner of the tract being described herein at a found'A inch Steel Rebar,said rebar being the northwest corner of said fairway tract,and the northeast corner of a called 100.88 Acre tract as described in Deed to Rocking MS Family Partnership,filed 02 November 2002,and Recorded in Volume 4787 Page 1708 of said Deed Records,said rebar said being in the center line of Collin County Road Number 78(a gravel surfaced public road),said rebar also being on the south line of a called 198.88 Acre tract as described in Deed to HRC Ranch, LTD., filed 04 May 2001, and Recorded in Volume 4911 Page 2695 of said Deed Records; Thence;North 89 degrees 49 minutes 00 seconds East,with the north line of said Fairway tract,and with the center line of said road, a distance of 1631.41 feet to a found 'A inch Steel rebar for the northwest corner of said Fairway tract, and the southwest corner of a called 504 Acre tract as described in Deed to Walnut Grove Cemetery Assoc.,filed 19 December 1921, and Recorded in Volume 238 Page 349 of said Deed Records,said rebar also being on the west Right-of-Way line of Fann-to- Market Road number 2478(an asphalt surfaced public road)as described in Deed to The State of Texas,filed 27 August 1957, and Recorded on Volume 529 Page 612 of said Deed Records" Thence;With the east line of said Campbell tract,and the west Right-of-Way line of said road the following 6(six)calls: 1. South 00 degrees 13 minutes 37 seconds East,a distance of 30.94 feet: 2. South 45 degrees 04 minutes 08 seconds East,a distance of 71.61 feet: 3. South 00 degrees 45 minutes 58 seconds East,a distance of 50.93 feet: 4. South 00 degrees 45 minutes 00 seconds East,a distance of 3226.90 feet: 5. South 44 degrees 23 minutes 38 second West,a distance of 70.37 feet: 6. South 00 degrees 23 minutes 09 second East,a distance of 26.25 feet to a found ''A in Steel rebar for the southeast corner of Kevin Billings,file 26 April 1998,and Recorded in Volume 4153 Page 2036 pf said Deed Records, said rebar also being in Collin County Road Number 933 is gravel surfaced road: Thence: South 89 degrees 19 minutes 19 seconds West,with the south line of said Fairway tract,and passing the northwest corner of said Billings tract, said being the northeast corner of a called 65.941 Acre tract as described in Deed to FF 14th Fairway Limited Partnership, filed 18 June 1998, and Recorded in Volume 4189 Page 1158 of said Deed Records, and continuing on said course for a total distance of 790.82 feet to a found%s inch Steel Rebar for a corner: Thence: South 52 degrees 39 minutes 03 seconds West,with the south line of said Fairway 138.702 acre tract,and the north line of said Fairway 65.941 acre tract,and with said road,a distance 202.60 feet to a found'''A inch Steel Rebar for a corner: Thence: South 00 degrees 36 minutes 57"East,with the west line of said Fairway 65.941 acre tract,a distance of 134.07 feet to a found%in Steel Rebar for a corner of said fairway 198.702 acre tract,in the west line of said 65.941 acre tract,and the northeast corner of a called 104.483 acre tract as described in Deed to 104 Prosper, LP, filed 13 December 2002, and Recorded in Volume 5316 Page 5314 of said Deed Records: Thence: North 89 degrees 02 minutes 30 seconds West, and with the south line of said Fairway 130.702 acre tract, and the north line of said 104 Prosper tract, and with said road, a distance of 722.94 feet to a found % inch Steel Rebar for the southwest corner of said Fairway 190.702 acre tract,and the southeast corner of said Rocking MS tract: Thence: North 00 degrees 02 minutes 41 seconds West,with the west line of said Fairway 190.702 acre tract,the east line of said Rocking MS tract,a distance of 3684.62 feet to the POINT OF BEGINNING and containing 138.702 Ares of land. I hereby State to FF 14th Fairway Limited Partnership, Darling Homes, Inc., and the Republic Title of Texas, Inc. (a) this survey was made on the ground on the 10 September 2004,as per the field notes shown on this survey and correctly shows: (i)the boundaries and area of the subject property and the size,location and type of buildings and improvements thereon; (ii) the location of all right-of-ways,easements(of which I have knowledge or have been advised)affecting the subject property; (iii) all abutting roads providing access to the subject property and (b) except as shown on the survey, there are no (i) encroachments upon the subject property by improvements on adjacent property,or(ii)conflicts or protrusions;(c)ingress to and egress from the subject property is provided by Road 79,Road 933 and Road 2478: (d)that the quantity of land therein has been accurately calculated. EXHIBIT "A" PROPERTY DESCRIPTION All that certain tract or parcel of land situated in the Jeremiah Horn Survey,Abstract Number 411,and the Larkin McCarty Survey,Abstract Number 808,County of Collin,State of Texas;said tract being all of a tract as described in Deed to FF 14th Fairway Limited Partnership,filed 21 July 1998,and Recorded in Volume 4212 Page 2103 98-0077217 of the Deed Records of the County of Collin,State of Texas,and being more fully described as follows: BEGINNING for the northwest corner of the tract being described herein at a found'/2 inch Steel Rebar,said rebar being the northwest corner of said fairway tract,and the northeast corner of a called 100.88 Acre tract as described in Deed to Rocking MS Family Partnership,filed 02 November 2002,and Recorded in Volume 4787 Page 1708 of said Deed Records,said rebar said being in the center line of Collin County Road Number 78(a gravel surfaced public road),said rebar also being on the south line of a called 198.88 Acre tract as described in Deed to HRC Ranch, LTD., filed 04 May 2001, and Recorded in Volume 4911 Page 2695 of said Deed Records; Thence;North 89 degrees 49 minutes 00 seconds East,with the north line of said Fairway tract,and with the center line of said road,a distance of 1631.41 feet to a found Y2 inch Steel rebar for the northwest corner of said Fairway tract, and the southwest corner of a called 504 Acre tract as described in Deed to Walnut Grove Cemetery Assoc.,filed 19 December 1921, and Recorded in Volume 238 Page 349 of said Deed Records,said rebar also being on the west Right-of-Way line of Farm-to- Market Road number 2478(an asphalt surfaced public road)as described in Deed to The State of Texas,filed 27 August 1957, and Recorded on Volume 529 Page 612 of said Deed Records" Thence;With the east line of said Campbell tract,and the west Right-of-Way line of said road the following 6(six)calls: 1. South 00 degrees 13 minutes 37 seconds East,a distance of 30.94 feet: 2. South 45 degrees 04 minutes 08 seconds East,a distance of 71.61 feet: 3. South 00 degrees 45 minutes 58 seconds East,a distance of 50.93 feet: 4. South 00 degrees 45 minutes 00 seconds East,a distance of 3226.90 feet: 5. South 44 degrees 23 minutes 38 second West,a distance of 70.37 feet: 6. South 00 degrees 23 minutes 09 second East,a distance of 26.25 feet to a found 'V2 in Steel rebar for the southeast corner of Kevin Billings,file 26 April 1998,and Recorded in Volume 4153 Page 2036 pf said Deed Records, said rebar also being in Collin County Road Number 933 is gravel surfaced road: Thence: South 89 degrees 19 minutes 19 seconds West,with the south line of said Fairway tract,and passing the northwest corner of said Billings tract, said being the northeast corner of a called 65.941 Acre tract as described in Deed to FF 14th Fairway Limited Partnership, filed 18 June 1998, and Recorded in Volume 4189 Page 1158 of said Deed Records, and continuing on said course for a total distance of 790.82 feet to a found'/2 inch Steel Rebar for a corner: Thence: South 52 degrees 39 minutes 03 seconds West,with the south line of said Fairway 138.702 acre tract,and the north line of said Fairway 65.941 acre tract,and with said road,a distance 202.60 feet to a found'/2 inch Steel Rebar for a corner: Thence: South 00 degrees 36 minutes 57"East,with the west line of said Fairway 65.941 acre tract,a distance of 134.07 feet to a found'/2 in Steel Rebar for a corner of said fairway 198.702 acre tract,in the west line of said 65.941 acre tract,and the northeast corner of a called 104.483 acre tract as described in Deed to 104 Prosper, LP, filed 13 December 2002, and Recorded in Volume 5316 Page 5314 of said Deed Records: Thence: North 89 degrees 02 minutes 30 seconds West, and with the south line of said Fairway 130.702 acre tract,and the north line of said 104 Prosper tract, and with said road, a distance of 722.94 feet to a found %2 inch Steel Rebar for the southwest corner of said Fairway 190.702 acre tract,and the southeast comer of said Rocking MS tract: Thence: North 00 degrees 02 minutes 41 seconds West,with the west line of said Fairway 190.702 acre tract,the east line of said Rocking MS tract,a distance of 3684.62 feet to the POINT OF BEGINNING and containing 138.702 Acres of land. I hereby State to FF 14th Fairway Limited Partnership, Darling Homes, Inc., and the Republic Title of Texas, Inc. (a) this survey was made on the ground on the 10 September 2004,as per the field notes shown on this survey and correctly shows: (i)the boundaries and area of the subject property and the size,location and type of buildings and improvements thereon; (ii) the location of all right-of-ways,easements(of which I have knowledge or have been advised)affecting the subject property; (iii) all abutting roads providing access to the subject property and (b) except as shown on the survey, there are no (i) encroachments upon the subject property by improvements on adjacent property,or(ii)conflicts or protrusions;(c)ingress to and egress from the subject property is provided by Road 79,Road 933 and Road 2478: (d)that the quantity of land therein has been accurately calculated. 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F:::' :. .'./ I I ............ r.w .n,l.nl.nsanN•Nr3 .___ 61"n 3t f'Iv I Cal` d / dyti COX LAND SURVEYING CO. :LEOuN0 - F •:•A:• 3 d0.19'19'9 )00.d2' rYa u•ee� C.1I I.E a.., 222.9. -. •`3 1.46:47.•E p1....,use.0,4.4 ��r.... .►.uue dal...we-leer I M 39.02'701e. N.12t Approx.3651'To Intersection 139.20E 4. +•.b W 6 S •'i' Y N 9.• --a with US HWY 380 3.r..iitG�....2 .,:w'.epp .............. EXHIBIT A" i - r°3'r; .. om** ;&I: ANNEXATION EXHIBIT 4 S «. In: I ..re<a.... FOR (: ......... •"l i� ry�M" ,s 9^�• 9... a.6z. 138.702 Acre Tract Tt,.:wr+.•.ti-,.'..u+..- 4. .3....L..20a CN.L y��L- OA-669B D.1. ' r IN THE JEREMIAH HORN SURVEY,ABSTRACT NO.Il 1 AND LARKIN McCARTY SURVEY ABSTRACT NO.600 COLLIN COUNTY,TEXAS Prepared By: Owner: HUI1�� Prosper 310, L.P. 5400 Dallas Parkway .•n-Ia•..R o.Er Frisco,TX 75034 3616x666 Ave.e1R' 6°°o.E..T.x..7620E TOMC21418713311 Fax(216871-075 Phone: (214)618-3814 __. _____ March.26,2005 i OWN 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 May 10, 2005 and May 24, 2005, for the purpose of considering the annexation of the following described property: JEREMIAH HORN SURVEY, ABSTRACT NO. 411, COLLIN COUNTY, TEXAS, CONTAINING APPROXIMATELY 72.13 ACRES OF LAND, AND THE LARKIN MCCARTY SURVEY,ABSTRACT NO. 600, COLLIN COUNTY,TEXAS, CONTAINING APPROXIMATELY 28.75 ACRES, FOR A TOTAL OF APPROXIMATELY 100.88 ACRES OF LAND,AND BEING MORE GENERALLY LOCATED ON THE SOUTH SIDE OF FIRST STREET, 2,000± FEET WEST OF CUSTER ROAD. JEREMIAH HORN SURVEY, ABSTRACT NO. 411, COLLIN COUNTY, TEXAS, AND LARKIN MCCARTY SURVEY, ABSTRACT NO. 600, COLLIN COUNTY, TEXAS, CONTAINING APPROXIMATELY 138.702 ACRES OF LAND, AND BEING MORE GENERALLY LOCATED ON THE SOUTHWEST CORNER OF FIRST STREET AND CUSTER ROAD. JEREMIAH HORN SURVEY, ABSTRACT NO. 411, COLLIN COUNTY, TEXAS, CONTAINING APPROXIMATELY 146.609 ACRES OF LAND,AND BEING MORE GENERALLY LOCATED ON THE NORTH SIDE OF UNIVERSITY DRIVE, 3,000± FEET WEST OF CUSTER ROAD. COLLIN COUNTY SCHOOL LAND SURVEY,ABSTRACT NO. 147, COLLIN COUNTY, TEXAS, CONTAINING APPROXIMATELY 85.789 ACRES OF LAND, AND BEING MORE GENERALLY LOCATED ON THE NORTHWEST CORNER OF DALLAS PARKWAY AND PROSPER TRAIL. COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147, COLLIN COUNTY, TEXAS, CONTAINING APPROXIMATELY 3.350 ACRES OF LAND, AND BEING MORE GENERALLY LOCATED ON THE EAST SIDE OF DALLAS PARKWAY, 1,500± FEET NORTH OF PROSPER TRAIL. COLLIN COUNTY SCHOOL LAND SURVEY,ABSTRACT NO. 147, COLLIN COUNTY, TEXAS, CONTAINING APPROXIMATELY 82.459 ACRES OF LAND, AND BEING MORE GENERALLY LOCATED ON THE EAST SIDE OF LEGACY DRIVE, 1,500± FEET NORTH OF FISHTRAP ROAD. COLLIN COUNTY SCHOOL LAND SURVEY,ABSTRACT NO. 147, COLLIN COUNTY, TEXAS, CONTAINING APPROXIMATELY 86.999 ACRES OF LAND,AND BEING MORE GENERALLY LOCATED ON THE SOUTH SIDE OF PROSPER TRAIL, 1,500± FEET EAST OF LEGACY DRIVE. COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147, COLLIN COUNTY, TEXAS, CONTAINING APPROXIMATELY 100.288 ACRES OF LAND, AND BEING MORE GENERALLY LOCATED ON THE NORTH SIDE OF FISHTRAP ROAD, 2,500 ± FEET EAST OF LEGACY DRIVE. All interested citizens and property owners are hereby notified of their right to appear and be heard on the matter. Shanae Jennings, Town Secretary �0 1410 Town of Prosper A 11• 1 TOWN OF to) SP R P.O. Box 307 • 113 W. Broadway • Prosper, TX. 75078 * 972.346,2640 • Fax. 972.347.2111 April 19, 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, April 22, 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 May 10, 2005 and May 24, 2005, for the purpose of considering the annexation of the following described property: JEREMIAH HORN SURVEY, ABSTRACT NO. 411, COLLIN COUNTY, TEXAS, CONTAINING APPROXIMATELY 72.13 ACRES OF LAND, AND THE LARKIN MCCARTY SURVEY, ABSTRACT NO. 600, COLLIN COUNTY, TEXAS, CONTAINING APPROXIMATELY 28.75 ACRES, FOR A TOTAL OF APPROXIMATELY 100.88 ACRES OF LAND, AND BEING MORE GENERALLY LOCATED ON THE SOUTH SIDE OF FIRST STREET, 2,000± FEET WEST OF CUSTER ROAD. JEREMIAH HORN SURVEY, ABSTRACT NO. 411, COLLIN COUNTY, TEXAS, AND LARKIN MCCARTY SURVEY, ABSTRACT NO. 600, COLLIN COUNTY, TEXAS, CONTAINING APPROXIMATELY 138.702 ACRES OF LAND, AND BEING MORE GENERALLY LOCATED ON THE SOUTHWEST CORNER OF FIRST STREET AND CUSTER ROAD. JEREMIAH HORN SURVEY, ABSTRACT NO. 411, COLLIN COUNTY, TEXAS, CONTAINING APPROXIMATELY 146.609 ACRES OF LAND, AND BEING MORE GENERALLY LOCATED ON THE NORTH SIDE OF UNIVERSITY DRIVE, 3,000± FEET WEST OF CUSTER ROAD. COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147, COLLIN COUNTY, TEXAS, CONTAINING APPROXIMATELY 85.789 ACRES OF LAND, AND BEING MORE GENERALLY LOCATED ON THE NORTHWEST CORNER OF DALLAS PARKWAY AND PROSPER TRAIL. COLLIN COUNTY SCHOOL LAND SliVEY, ABSTRACT NO. 147, COLLIN COUITiy, TEXAS, CONTAINING APPROXIMATELY 3.350 ACRES OF 11111D, AND BEING MORE GENERALLY LMIED ON THE EAST SIDE OF DALLAS PARKWAY, 1,500± FEET NORTH OF PROSPER TRAIL. COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147, COLLIN COUNTY, TEXAS, CONTAINING APPROXIMATELY 82.459 ACRES OF LAND, AND BEING MORE GENERALLY LOCATED ON THE EAST SIDE OF LEGACY DRIVE, 1,500± FEET NORTH OF FISHTRAP ROAD. COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147, COLLIN COUNTY, TEXAS, CONTAINING APPROXIMATELY 86.999 ACRES OF LAND, AND BEING MORE GENERALLY LOCATED ON THE SOUTH SIDE OF PROSPER TRAIL, 1,500± FEET EAST OF LEGACY DRIVE. COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147, COLLIN COUNTY, TEXAS, CONTAINING APPROXIMATELY 100.288 ACRES OF LAND, AND BEING MORE GENERALLY LOCATED ON THE NORTH SIDE OF FISHTRAP ROAD, 2,500 ± FEET EAST OF LEGACY DRIVE. 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