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05-29 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 05-29 AN ORDINANCE PROVIDING FOR THE VOLUNTARY ANNEXATION OF A TRACT OF LAND SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147, COLLIN COUNTY, TEXAS, CONTAINING APPROXIMATELY 85.789 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 JBJ/Calder Fund V, J.V. to annex a tract of land containing approximately 85.789 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. CHARL ANGER YOR ATTESTED TO AND CORRECTLY RECORDED BY: S ANAE JENNI , TOWN SE RETARY Page 3 TOWN OF PROSPER.TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE: NO. 05-29 DATE OF ANNEXATION ORDINANCE: June 14,2005 ACREAGE ANNEXED: Approximately 85.789 acres SURVEY,ABSTRACT&COUNTY: Collin County School Land Survey, Abstract No. 147, Collin County,Texas CURRENT PROPERTY OWNER: JBJ/Calder Fund V,J.V. MUNICIPAL SERVICES TO THE ACREAGE DESCRIBED ABOVE SHALL BE FURNISHED BY OR ON BEHALF OF THE TOWN OF PROSPER, TEXAS, AT THE FOLLOWING LEVELS AND IN ACCORDANCE WITH THE FOLLOWING SCHEDULE: A. POLICE SERVICE 1. PATROLLING, RESPONSES TO CALLS, AND OTHER ROUTINE POLICE SERVICES, WITHIN THE LIMITS OF EXISTING PERSONNEL AND EQUIPMENT, WILL BE PROVIDED UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 2. UPON ULTIMATE DEVELOPMENT OF THE AREA,THE SAME LEVEL OF POLICE SERVICE WILL BE PROVIDED TO THIS AREA AS ARE FURNISHED THROUGHOUT THE TOWN. B. FIRE SERVICE 1. FIRE PROTECTION AND EMERGENCY AMBULANCE EQUIPMENT BY THE PRESENT PERSONNEL AND THE PRESENT EQUIPMENT OF THE FIRE DEPARTMENT,WITHIN THE LIMITS OF AVAILABLE WATER AND DISTANCES FROM THE EXISTING FIRE STATION, WILL BE PROVIDED TO THIS AREA UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 2. UPON ULTIMATE DEVELOPMENT OF THE AREA,THE SAME LEVEL OF FIRE AND EMERGENCY AMBULANCE SERVICES WILL BE PROVIDED TO THIS AREA AS ARE FURNISHED THROUGHOUT THE TOWN. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. ENFORCEMENT OF THE TOWN'S ENVIRONMENTAL HEALTH ORDINANCE AND REGULATIONS, INCLUDED BUT NOT LIMITED TO WEED AND BRUSH ORDINANCES, JUNKED AND ABANDONED VEHICLE ORDINANCE, AND ANIMAL CONTROL ORDINANCES, SHALL BE" PROVIDED WITHIN THIS AREA 60 DAYS TO THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. THESE ORDINANCES AND REGULATIONS WILL BE ENFORCED THROUGH THE USE OF EXISTING PERSONNEL. 2. INSPECTION SERVICES, INCLUDING THE REVEIW OF BUILDING PLANS, THE ISSUANCE OF PERMITS AND THE INSPECTION OF ALL BUILDINGS, PLUMBING, MECHANICAL, AND ELECTRICAL WORK TO ENSURE COMPLIANCE WITH TOWN CODES AND ORDINANCES WILL BE PROVIDED WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. EXISTING PERSONNEL WILL BE USED TO PROVIDE THESE SERVICES. 3. THE TOWN'S ZONING, SUBDIVISION, SIGN, AND OTHER ORDINANCES SHALL BE ENFORCED IN THIS AREA BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 4. ALL INSPECTION SERVICES FURNISHED BY THE TOWN OF PROSPER, BUT NOT MENTIONED ABOVE, WILL BE PROVIDED TO THIS AREA BEGINNING WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 5. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS AREA, SUFFICIENT PERSONNEL WILL BE PROVIDED TO FURNISH THIS AREA THE SAME LEVEL OF ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES AS ARE FURNISHED THROUGHOUT THE TOWN. D. PLANNING AND ZONING SERVICES THE PLANNING AND ZONING JURISDICTION OF THE TOWN WILL EXTEND TO THIS AREA UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. TOWN PLANNING WILL THEREAFTER ENCOMPASS THIS PROPERTY, AND IT SHALL BE ENTITLED TO CONSIDERATION FOR ZONING IN ACCORDANCE WITH THE TOWN'S COMPREHENSIVE PLAN. E. PARK AND RECREATION SERVICES 1. RESIDENTS OF THIS PROPERTY MAY UTILIZE ALL EXISTING PARK AND RECREATIONAL SERVICES, FACILITIES, AND SITES THROUGHOUT THE TOWN, BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 2. ADDITIONAL FACILITIES AND SITES TO SERVE THIS PROPERTY AND ITS RESIDENTS WILL BE ACQUIRED, DEVELOPED, AND MAINTAINED AT LOCATIONS AND TIMES PROVIDED BY APPLICABLE PLANS,POLICIES AND PROGRAMS AND DECISIONS OF THE TOWN OF PROSPER. THIS PROPERTY WILL BE INCLIDED IN ALL FUTURE PLANS FOR PROVIDING PARKS AND RECREATION SERVICES TO THE TOWN. 3. THIS PROPERTY WILL BE INCLUDED IN ALL PLANS FOR PROVIDING PARKS AND RECREATION SERVICES TO THE TOWN. THE SAME LEVEL OF PARKS AND RECREATION SERVICES SHALL BE FURNISHED TO THIS PROPERTY AS IS FURNISHED THROUGHOUT THE TOWN. 4. EXISTING PARKS,PLAYGROUNDS,AND OTHER RECREATIONAL FACILITIES WITHIN THIS PROPERTY SHALL, UPON DEDICATION TO AND ACCEPTANCE BY THE TOWN, BE MAINTAINED AND OPERATED BY THE TOWN OF PROSPER,BUT NOT OTHERWISE. F. SOLID WASTE COLLECTION 1. SOLID WASTE COLLECTION SHALL BE PROVIDED TO THE PROPERTY IN ACCORDANCE WITH EXISTING TOWN POLICIES, BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. RESIDENTS OR COMMERCIAL USERS OF THIS PROPERTY UTILIZING PRIVATE COLLECTION SERVICES AT THE TIME OF ANNEXATION MAY CONTINUE TO DO SO IN LIEU OF RECEIVINH CITY SERVICES UNTIL THE SECOND ANNIVERSARY OF THE EFFECTIVE DATE OF THIS ORDINANt E. 2. AS DEVELOPMENT AND CONSTRUCTION COMMENCE ON THIS PROPERTY,AND POPULATION DENSITY INCREASES TO THE PROPERTY LEVEL, SOLID WASTE COLLECTION SHALL BE PROVIDED TO THIS PROPERTY IN ACCORDANCE WITH THE CURRENT POLICIES OF THE TOWN AS TO FREQUENCY,CHANGES AND SO FORTH. G. STREETS 1. THE TOWN OF PROSPER'S EXISTING POLICIES WITH REGARD TO STREET MAINTENANCE, APPLICABLE THROUGHOUT THE ENTIRE TOWN, SHALL APPLY TO THIS PROPERTY BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. UNLESS A STREET WITHIN THIS PROPERTY HAS BEEN CONSTRUCTED OR IS IMPROVED TO THE TOWN'S STANDARDS AND SPECIFICATIONS, THAT STREET WILL NOT BE MAINTAINED BY THE TOWN OF PROSPER. 2. AS DEVELOPMENT,IMPROVEMENT OR CONSTRUCTION OF STREETS TO TOWN STANDARDS COMMENCE WITHIN THIS PROPERTY,THE POLICIES OF THE TOWN OF PROSPER WITH REGARD TO PARTICIPATION IN THE COSTS THEREOF, ACCEPTANCE UPON COMPLETION,AND MAINTENANCE AFTER COMPLETION,SHALL APPLY. 3. THE SAME LEVEL OF MAINTENANCE SHALL BE PROVIDED TO STREETS WITHIN THIS PROPERTY WHICH HAVE BEEN ACCEPTED BY THE TOWN OF PROSPER AS IS PROVIDED TO TOWN STREETS THROUGHOUT THE TOWN. 4. STREET LIGHTING INSTALLED ON STREETS IMPROVED TO TOWN STANDARDS SHALL BE MAINTAINED BY THE EXISTING FRANCHISE IN ACCORDANCE WITH CURRENT POLICIES. H. WATER SERVICES 1. CONNECTION TO EXISTING TOWN WATER MAINS FOR WATER SERVICE FOR DOMESTIC, COMMERCIAL, AND INDUSTRIAL USE WITHIN THIS PROPERTY WILL BE PROVIDED IN ACCORDANCE WITH EXISTING TOWN POLICIES. UPON CONNECTION TO EXISTING MAINS, WATER WILL BE PROVIDED AT RATES ESTABLISHED BY TOWN ORDINANCES FOR SUCH SERVICE THROUGHOUT THE TOWN. 2. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS PROPERTY,WATER MAINS OF THE TOWN WILL BE EXTENDED IN ACCORDANCE WITH PROVISIONS OF THE SUBDIVISION ORDINANCE AND OTHER APPLICABLE ORDINANCES AND REGULATIONS. TOWN PARTICIPATION IN THE COSTS OF THESE EXTENSIONS SHALL BE IN ACCORDANCE WITH THE APPLICABLE TOWN ORDINANCES AND REGULATIONS. SUCH EXTENSIONS WILL BE COMMENCED WITHIN TWO AND ONE-HALF (2 %) YEARS FROM THE DATE OF ADOPTION OF THE ANNEXATION ORDINANCE, OR UPON COMMENCEMENT OF DEVELOPMENT OF A SUBDIVISION WITHIN THIS PROPERTY,WHICHEVER OCCURS LATER. 3. WATER MAINS INSTALLED OR IMPROVED TO TOWN STANDARDS WHICH ARE WITHIN THE ANNEXED AREA AND ARE WITHIN DEDICATED EASEMENTS SHALL BE MAINTAINED BY THE TOWN OF PROSPER BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 4. THEIR OWNERS,IN ACCORDANCE WITH EXISTING POLICIES APPLICABLE THROUGHOUT THE TOWN,SHALL MAINTAIN PRIVATE WATER LINES WITHIN THIS PROPERTY. I. SANITARY SEWER SERVICES 1. CONNECTIONS TO EXISTING TOWN SANITARY SEWER MAINS FOR SANITARY SEWAGE SERVICE IN THIS AREA WILL BE PROVIDED IN ACCORDANCE WITH EXISTING TOWN POLICIES. UPON CONNECTION, SANITARY SEWAGE SERVICE WILL BE PROVIDED AT RATES ESTABLISHED$Y 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. EXHIBIT "A" PROPERTY DESCRIPTION BEING a tract of land situated In the Collin County School Land Survey, Abstract No. 147, and being all of a called 85.818 acre tract called out as "First Tract" as conveyed to Prosper Joint Venture by deed recorded in County Clerk's File No. 93-0021704, Collin County Land Records, Texas, and being more particularly described as follows: BEGINNING at a 5/8" iron rod set for corner in the centerline of Collin County Road 48 (an apparent public use road with no record found) at its intersection with the west line of Collin County Road 49 (an apparent public use road with no record found), said iron rod bears N 89 54'42" W, 25.00 feet from a 1/2" iron rod found for corner at the intersection of the centerlines of said roads; THENCE N 89'54'42" W, along said centerline, a distance of 2624.05 feet to a 5/8" iron rod set for corner at the southwest corner of the aforesaid First Tract and the southeast corner of a tract conveyed to Carlos M. Mendez by deed recorded in Volume 1187, Page 643, Land Records, Collin County, Texas; THENCE N 00'03'12" E, departing said centerline and along the common line between said First Tract and said Mendez tract, generally along the remnants of a wire fence, passing at a distance of 1325.56 feet a 1/2" iron rod found for corner at the northeast corner of said Mendez tract and the southeast corner of a called 41.784 acre tract conveyed to Chesney Family Limited as recorded by deed in County Clerk File's No. 9 7-01 1 0629, Collin County Land Records, Texas, and continuing along the east line of said tract for a total distance of 1422.00 feet to a 5/8" iron rod set for corner at the northwest corner of said First Tract and the southwest corner of a called 38.356 acre tract conveyed to said Chesney Family Limited in said County Clerk File No. 97-0110629; THENCE S 89'52'43" E, along the south line of said 38.358 acre tract and generally along the remnants of an old turn row, passing at a distance of 1373.92 feet a 1/2" iron rod found for corner at the southeast comer of said tract and the southwest corner of a called 40.071 acre tract conveyed to Kimberly A. Braddock by deed recorded in County C(erk File No. 94-0085377, Land Records, Collin County, Texas, and continuing along the south line of said Braddock tract in all a total distance of 5/8" iron rod set for corner in the aforementioned west right of way line of Collin County Road 49, from said corner a 1/2" iron rod bears S 89'52'43" E, 25.00 feet; a THENCE S 0028'56" W, departing said Braddock tract south line and along said west right of way line, a distance of 1420.52 feet to the POINT OF BEGINNING and containing 3,736,960 square feet or 85.789 acres of land, more or less. 1, the undersigned, do hereby declare that this survey substantially complies with the current Texas Society of Professional Surveyors Standards and Specifications for a Category 1A, Condition II Survey. Date of Survey. 09-05-2003 �EOFrf _-.. •���is'rER � By. Brockette—Davis—Drake, Inc. ,�;' 4� a'• . MICHAEL Et. MARX aP 5181 Mi hael . MarRegistered Professional Land Surveyor 5181 -- ---- PROPERTY OESCRNRON N BASS Of WANGS OONG yaAD.et o No0KLuoad DSFM o of a runty tie Lod: )M 6eeY eeIR�DwNp.sow Frew•.N 895e'e2'W. I.e.coed out a TAM Voce a cm,.to Royce ddnt s M esnb9M 9*Canty Rood No.b.a Nym. Venture by deed regarded N Caanly,4 02 A.No.9}0021]OA .� 5 an that NZ receded F Cantyr did:MP Po. CON County Lord Amen*Tome,and.to moo aetrooMPS eJ-0021ra1 one R*vds CDe1n County lug. Mewl.os Wens, Illi 9EOMNNO et o S/8•Fen red set far comer F Me cents.*of CON Gaon,Rood IN(en apparent p4Yc use rood.xh na record feund)et Ito Intoremtbn PIM the rest line of Oallln b2e pap Yos rod Demo x Bat Me I to 2500 MI Earn a =Q= cam•M rod found for cant et Me Ftrwctbn of Me ® I.Msa of said root* TIFNCE N 8951e2'W.None sold centerlino o restoneo el 282.05 Mt to a SAE Yon r.sot M owner al Ms • eau...corer of the akreerld not TmN and.soothe, 0 200 400 800 Tcomerex. o hod cm .ed C.oe M.Mendez by dent4 T .C_I. � lw 9),Paw DI],fend Records.CON County.CroOnlc Scale 1'e200' MENGE N 009312•E.departing sold Ceded.and Mons M. Tro,end mkt Ponder pene ,d Me one remnant* Neel.e0 a dro hum at a s. dream.of 1325.58 Mt a 1/2'Yon red brand fro maw at .. rerre the northeast awnr of NM Yen&*Nod and the southeast of a coll..1.1N ad*Last com.M4 to C.o.Ewno, LYnll.a mended by deed N County perk As:No Vicinity Map 9]-0I.....Cone Count Land Records.T. ond ea... da w IN.p the et of Bard tract for O total dfstano*of 10E00 NM Mt to a 5/0•Yen rod of Mr comer of Me weal corner of said runt Tract and Um*uthneel can of a Med 35350 acre trod Gonad to say Mooney Fame,L.nlled F mkt Ceurrty deck As Ne.97-0110829: THENCE 5 0952'e3•E,done Me so.Ise of said 35.358 acre Fact and Nenero.,along Me remnants of on did turn row. pemNe at a distance Of 137192 Mt a 1/2•Yen reel land for «of Me smlMON can I said Fact U.eel own o um.eo.w1 r, =i"Seer]..to Tome-">AA bndlRe rd'TX round N Gamy sotto Ae ire.long Ms 1T1, menCI 1 ' >m' ne fy,A w La.Records,COIN lap r«d cmlNv�9 am9 Me y,«� T"'N�o _ cc�µ�]T south IF.of era Maeeaax trod N a a total ale of M/e• iron rod sot for comer the efcraneltkne0«set right or y of Cone County Road e9 horn sold mend o 1/2"Nan rod Dens S 895113"E 25.00 foot: Ref�.0 w'., M N N 5 0028'56•W,de r.N**MI Prod,.Pool south Um 0 1vaeY sr r9Tu _ er an along sold nest POP of Me a&stenos of MO SE 9µ9u32�e�C 28�.88' s POINT Ora 8 V 0 and conteFep EMS. S. krw �, -m ma *mars MI Or BS.789 acres of land,men or foss • \ NOTEMr T.Insurance FTM a. ewebred res r.withoutee been proms. m. moo f moons for Me omm�ip only •\ Othersomments or ens fictions men MOM 13 cel e 0t k... 85.789 RE TRACT, yo ( d 6 awns..AMCke N. J'lA D t P4tO GPM MOAN_ Mar riff.rode MO u.ccn E0�br • • �,,$$�yy-T• '' Q gTO MOVER A[ 2ws....., le N$ t Msen elWv' mom mars mad 1y7L�1 �‘ �- cosnra Loam. 0 I.the undersigned,.M1reDy declare Mot MN tarok wDetmtbflY complee MIM1 FS rarer �.�wl / 1 Um t Texas Secretly of Profess..Surveyors Standards ond Sneer/1.0one war ` \ ten a Category In,Canaltlm II Survey 0 t pp Dote of Suety 09-05-2003_ ` / ear 9rodutl-OodaOrok..Inc. g N a _ •• •• Registered pram Land Swreyor 5181 rya®enure N 8954'42-W-2824.05' . 8 _ •>_,•,_ 1-:..w i COUNTY r _. (APPARENT MOM USE-NO RECORD FOUND) POINT OF BEGINNING • MM.Alf,ennonf MUMSLIPAd EXHIBIT A" m"" u°°°S RI �� went �RDOT.ONO ANNEXATION EXHIBIT ore. -a ,.taco cudlen FOR 85.789 Acre Tract IN THE COLLIN COUNTY SCHOOL LAND SURVEY,ABSTRACT NO.147 IN COLLIN COUNTY,TEXAS LEGEND MN Mer yak PPM marker Owner: Prepared By, 8 t«tphm.p.*td JBJ/CALDER FUND V,J.V. uul��i i A n�` *..rpd. 2000 N. Central Expwy,2nd Floor ' I LJC1fv YmtYg Plano, TX 75074 ""-zdi;° Da. n. 801 Penney Am.MIN 000 Deem.Tome 78204 -- wy.N Phone: (972) 422-2000 Toro tRwRrnoR r..aPlena7s7 ___ MARCH 28,2005 -1 U.S. Department of Justice :,',,e.:::14. ; Civil Rights Division p Si. JKT:MSR:RJD:jdh Voting Section-NWB. DJ 166-012-3 950 Pennsylvania Avenue,N.W. 2005-3208 Washington,DC 20530 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. 4: ely Z• I-anner oting Section Enclosure off' c°4- �o�� COMPTROLLER OF PUBLIC ACCOUNTS wp� P.O. BOX 13528 ''4,4 AUSTIN TX 78711-3528 Z'ExAS 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, ' ; c \ ''/f'I 01 Veronica P. Harycki Revenue Accounting Division Tax Allocation Section Cc: Mitch Humble PR5°1P °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, Shanae Jennings Town Secretary TPR °1P °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 • it- PRTk ° P °I? R 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, )14 1-a Shanae Jennings Town Secretary • 1 ; i PRTk ° IP °FR F 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 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, Shame ings Town Secretary 1 ' it PRTkS° P °IR WF 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, 6,,,,,v, h ennings Town 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 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 nnings Town Secretary f 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 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, Shan.innings Town Secretary PRT5°1P °IR WF 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, Sh nnings e Town Secretary kv • F t € > r c,c g y PRTk ° P °ItR W 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, 7etit- tr-). Shan ennings Town Secretary 4, , 9fir. °; r o p e r t.x g o v i 11 TOWN OF SPER 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, annnings Town Secretary it‘ I TOWN OF �IISPER 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, e/LA4,ter Sh Jennings Town Secretary i 1- TOWN OF s PE 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, • Sha4. l#L41VL / ngs 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 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, Shan ennings Town Secretary s __ _. _. _ .. . _� tom. � �._•� • • ilk TPRT °1P °ER WF 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 i e 11 TOWN OF SPER 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 PRTk ° P °FR WF 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, ha a , Jennings To Secretary ih PRT5° P °IR 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, je> Sh Jennings Town Secretary • �, ��p w c e rtx TOWN OF P 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 7_ . n. _ Mar 24 05 12: 45p CALDER BROS CO p. 1 nem dy: AMtH1GAN tUU1lY; 9724230317; Mar-,' ^5 3:13PM; Page 2/2 ANNEXATION PETITION TO THE MAYOR AND GOVERNING BODY OP 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 '[own 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 he annexed by metes and bounds (sec Exhibit 'A',attached) I (We) certify that the above described tract of land is contiguous to the Town" Prosper, Texas, i not more than one-balf(1/2) mile in width and that this petition is signed and duly ac trgqwle ged by e ch and very person or corporation having an interest in said land. J l3,) c_atde f- to 0, 8y' Y>.J 1 , Owner's Sig e C STATE OF k COUNTY NTY OF Before me,the undersigned authority,un this duy personally appeared_ Q. known to me to be the person whose name is subscribed to the foregoing instrument and ac w edge o me that he or she executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office,this ,_ L/ � / day ofO4f_.J _,20 =o` °��IANGELA M.VALENZUELA Notary ttblic in and for the Stag of Texas • ,:i • Notary o Publices %�� � State of Texas �7/�/�/ ~''corIf- My Comm.Exp.02-06-06 My Town Council expires: / /pr(J(�"SO Calder 1 r06, Gn( Owner's Signature#2(if applicable) M cA c_ , P--- ---, THE STATE Of-T-EXAS U\-o..h COUNTY OF V \-C,,tm ___ Before me,the undersigned authority,on this day personally appeared'M‘,\C> C,G,\O•e.-{ know,;to me to be the person whose name is subscnbed 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 Z day of `(Y\c,.'<C.'1 20 US— (SEAL) - Notary Publii in and for the Slate of Texas My Town Council expires: \.CD 1 1 S CZ()pa S250.00 Application Fce for Annexations s: 1QMsERLYSANDOVAL itE aS. S} ae es°.s OA- - 14%4 c c p. a.11as f j``:,No1411NPUILIC•CAEofWAH t�Ii: .� ,: 11✓rl10N1751 ` ' t?rosPir- Tr., ~ . /. �' maim 11404111 �t r1>DWL Ems. 0 I DATE �I No. ') 5 f 0 01111 ' 1 RECEIVED FROMMN c I °F DOLLARS UQF RENT FOR 7"t ACCOUNT °CASH FROMie3 (7 • PAYMENT /),)371e, Al HECK Ce BAL. DUE °MONEY 1 BY ORDER a:.a■■..2701 , . .� ,� N, 3007 ' JBJ/CALDER FUND V JOINT VENTURE Wit. - -� 2000 NORTH CENTRAL EXPRESSWAY;SUITE 200 ,, ..... '9. _ . PLANO,TX 75074 -' . a^-. ;.,.� ! ..'- "'" -�: :-� 0,�+•: . .,.,, . DATE 3/23/05 88-2452-1130 PAY .. ORDER Town of Prose -=-- 1 $ 250.00* a ORDER OF TWO HUNDRED FIFTY:- ,;,,�O 1�0 ■ ,,pp _... DOLLARS LJ o....... BankC -,..� �m a Af FOR Prosper annexation rY -^' ,.,, �.�. Aiiiii�� / r 11.00 300 711' I: L L 30 2 4520 1: 72 08L 8 ' . . . HUIThZOLLARS HUITT-ZOLLARS,INC. • 3131 McKinney Ave. • Suite 600 • Dallas,TX 75204-2489 • 214.871.3311 phone • 214.871.0757 fax • huitt-zollars.com March 28, 2005 Mr. Mitch Humble Town of Prosper 407 E. First Street Prosper, Texas 75078 Subject: Proposed Annexation and Zoning Request for 85.789-Acre Tract JBJ/Calder Fund V,J.V. (Owner) Reference: 85.789 Acre Tract of Land in the Collin County School Land Survey Abstract No. 147 Dear Mr. Humble: Attached please find our submittal of the Annexation Petition and Zoning Application for the above referenced tract of land for your review. The purpose of the annexation and zoning request is to add the 85.789-acre tract to the corporate boundary of the Town of Prosper and establish the zoning for the property consistent with the Town's Future Land Use Plan. Please also note that this annexation and zoning request is being made as a prerequisite to the dedication of right of way to Collin County for the extension of the Dallas North Tollway that is currently planned across this property. The Owner of the subject property desires to expedite this right of way dedication to the County and therefore asks that this request be processed with the Town Council as quickly as possible. After your review, please feel free to contact us with any questions or comments you might have. It is our understanding that this item will be placed on the Town Council Agenda for the first public hearing on May 10, 2005 with final approval of the annexation and zoning on June 14, 2005. Sincerely, HUITT-ZOLLA S, INC. 1/C • Bill Muenchinger, AIC Project Manager Attachments c: Mr. Jay Jones, Prosper Joint Venture C:\WINNT'Profiles\fannon\Temporary Internet Files\OLK5\Zoning Cover Letter 032805.doc 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: • 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. • Three 24" x 36", three 11" x 17", and three 8 1/2" 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 . --_-- • Distance to nearest cross street Preparer's Signature ;: 18 VR c • 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, TEk AS1-- n THE DALLAS MORNING NEWS—COLLIN COUNTY EDITION on: NOTICE OF PUBLIC HEARINGS ON ANNEXATION XATION tics is hereby given that public hearings will be Id by the Governing Body of the Town of Prosper, April 22, 2005 xas, in the First Baptist Church Children's Build- 1, 601 S.Church Street,at 6:00 p.m.,on May 10, D5 and May 24, 2006,for the purpose of consid- ng the annexation of the following described ,perry: REMIAH HORN SURVEY, ABSTRACT NO. 1, COLLIN COUNTY, TEXAS, CONTAINING ,PROXIMATELY 72.13 ACRES OF LAND,AND IE LARKIN MCCARTY SURVEY, ABSTRACT ). 600,COLUN COUNTY,TEXAS, CONTAIN- GIAPPROXIMATELYPPRXIME2 Y8 ACRES, FOR A ITAL OF APPROXIMATELY 100.88 ACRES OF ND,AND BEING MORE GENERALLY LOCAT- > ON THE SOUTH SIDE OF FIRST STREET, DOO FEET WEST OF CUSTER ROAD. (Lynda Black) IREMIAH HORN SURVEY, ABSTRACT NO. 1, COLUN COUNTY, TEXAS, AND LARKIN CCARTY SURVEY,ABSTRACT NO.80,COL- N COUNTY,TEXAS, CONTAINING APPROXI- ATELY 198.702 ACRES OF LAND, AND BE- IG MORE GENERALLY LOCATED ON THE )UTHWEST CORNER OF FIRST STREET AND JSTER ROAD. IREMIAH HORN SURVEY, ABSTRACT NO. 11, COLLIN CO , PPROXIMATELYUNTY 148.809XAS ACRESOOFAINING LAND,subscribed before me this April 22, 2005, A.D MD BEING MORE GENERALLY LOCATED ON IE NORTH SIDE OF UNIVERSITY DRIVE,3,000 IET WEST OF CUSTER ROAD. DLLIN COUNTY SCHOOL LAND SURVEY,AB- TRACT NO. 147, COLLIN COUNTY, TEXAS, DNTAINING APPROXIMATELY 85.789 ACRES F LAND, AND BEING MORE GENERALLY LO- _ ATED ON THE NORTHWEST CORNER OF • ALLAS PARKWAY AND PROSPER TRAIL. DLLIN COUNTY SCHOOL LAND SURVEY,AB- TRACT NO. 147, COLLIN COUNTY, TEXAS, • DNTAINING APPROXIMATELY 3.380 ACRES (Lisa Batte leld) F LAND, AND BEING MORE GENERALLY LO•ATE �j{1`'III�/��J/� EAST SIDE OF DALLAS PARK- •,:k - E.1\1F AY,D7 6 0ONTHE FEET NORTH OF PROSPER TRAIL ` 1 j�I�' TTRACOLLINT NON 147, COLLINOUNTYVTEOUTY SCHOOL LAND XAS, °`eRl QUBJp ONTAINING APPROXIMATELY 82.489 ACRES v +� F LAND, AND BEING MORE GENERALLY LO- r ATED ON THE EAST SIDE OF LEGACY DRIVE, ; 500 FEET NORTH OF FISHTRAP ROAD. • +I OLLIN COUNTY SCHOOL LAND SURVEI,AB- '- TRACT NO. 147, COLLIN COUNTY, TEXAS, S ATE ONTAINING APPROXIMATELY 88.999 ACRES .+'+ P F LAND, AND BEING MORE GENERALLY LO- r ATED ON THE RAIL, 1,500 FEET EAST OF LEGACY DRIVE.PROSPER ,mot/ +�J�i ' �``` OLLIN COUNTY SCHOOL LAND SURVEY,AB- TRACT NO. 147, COLLIN COUNTY, TEXAS, ONTAINING APPROXIMATELY 100.288 ,CRES OF LAND, AND BEING MORE GENER- LLY LOCATED ON THE NORTH SIDE OF ISHTRAP ROAD, 2,500 FEET EAST OF, G- ,CY DRIVE. �•Q.��OO II interested citizens and property owne{a are' ereby notified of their right to appear and bcpbtif n the matter. rFQ u : 113 W. Broadway ilk P.O. Box 307 Prosper,Texas 75078 TOWN OF (972)346-2640 SPER (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 D SURVEY, ABSTRACT NO. 147, COLI :OUNTY, TEXAS, CONTAINING APPROXIMATELY 100.288 ti.,ruES OF LAND, AND BEING MORE GENERALLY 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 Annexation Calendar JBJ/CALDER FUND V, J.V. — (A 2005-05) 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. 0S -2-9 111 TOWN 0 F SPER 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 S!m"EY, ABSTRACT NO. 147, COLLIN COU"ITV, TEXAS, CONTAINING APPROXIMATELY 3.350 ACRES OF JD, AND BEING MORE GENERALLY L( TED 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 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. Ioti Shanae Jennings, Town Secretary Shy � Town of Prosper