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
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(APPARENT MOM USE-NO RECORD FOUND)
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m"" u°°°S RI �� went �RDOT.ONO ANNEXATION EXHIBIT
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,.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�`
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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