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05-31 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 05-31 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 82.459 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 Campbell Holdings, LTD to annex a tract of land containing approximately 82.459 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 ISWANGE , AYOR ATTESTED TO AND CORRECTLY RECORDED BY: SHANAE JENNING WN SEC ARY Page 3 TRACT II Situated in Collin County, Texas in the Collin County School Land Survey, Abstract No. 147, being a resurvey of the 50 acre tract described in a deed from Mrs. M Baker, et al to Mrs. M.B. Field, dated August 30, 1941 recorded in Volume 330, Page 635 and the 30 acre tract described in a deed from M.B. Allen, et ux to O.F. Field, Jr. dated August 30, 1952 recorded in volume 459, Page 415 both deeds of the Collin County Deed Records, being described by metes and bounds as follows: BEGINNING at an existing iron pin set beside a corner post at the Northeast corner of said 30 acre tract: THENCE Southerly with the East line of said 30 acre tract and with an established fence and hedge row as follows: South 1" 02' 30° West 267.09 feet; South 1" 12' 57° West 2363.23 feet to an iron pin set beside a corner post at the Southeast corner of said 30 acre tract for a corner; THENCE Westerly with the South line of said 30 acre tract and with the South line of said 50 acre tract as follows: North 89" 01' 57 ° West 292.35 feet to a post for an angle point; North 88" 21' 13° West 196.43 feet with a row of old posts to an angle point; North 88" 49' 21° West 470.08 feet with a row of old posts for an angle point; North 88" 24' 16° West 405. 63 feet with an established fence to an iron pin set at the Southwest corner of said 50 acre tract for a corner; same being a point 32 feet east of the center of a North-South dirt road; THENCE North 1" 11' 57° East 2635.68 feet with the West line of said 50 acre tract to an iron pin set on the east edge of said dirt road at the Northwest corner of said 50 acre tract for a corner; THENCE Easterly with the North line of said 50 acre tract and with the North line _. . of said 30 acre tract as follows: South 88" 12' 17° East 889.23 feet to the beginning of a fence for an angle point; South 88" 54' 16°East 450.86 feet with said fence to the end of said fence for an angle point; South 89" 01' 57° East 24.19 feet to the place of the beginning and containing 82.4593 acres of land. R:\Data\2005\05027\TRACT II LEGAL DESC.doc TOWN OF PROSPER,TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE: NO. 05-31 DATE OF ANNEXATION ORDINANCE: June 14,2005 ACREAGE ANNEXED: Approximately 82.459 acres SURVEY,ABSTRACT&COUNTY: Coffin County School Land Survey, Abstract No. 147, Coffin County,Texas CURRENT PROPERTY OWNER: Campbell Holdings,LTD 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 RECEI VINH CITY SERVICES UNTIL THE SECOND ANNIVERSARY OF THE EFFECTIVE DATE OF THIS ORDINANCE. - - 2. AS DEVELOPMENT AND CONSTRUCTION COMMENCE ON THIS PROPERTY,AND POPULATION DENSITY INCREASES TO THE PROPERTY LEVEL, SOLID WASTE COLLECTION SHALL BE PROVIDED TO THIS PROPERTY IN ACCORDANCE WITH THE CURRENT POLICIES OF THE TOWN AS TO FREQUENCY,CHANGES AND SO FORTH. G. STREETS 1. THE TOWN OF PROSPER'S EXISTING POLICIES WITH REGARD TO STREET MAINTENANCE, APPLICABLE THROUGHOUT THE ENTIRE TOWN, SHALL APPLY TO THIS PROPERTY BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. UNLESS A STREET WITHIN THIS PROPERTY HAS BEEN CONSTRUCTED OR IS IMPROVED TO THE TOWN'S STANDARDS AND SPECIFICATIONS, THAT STREET WILL NOT BE MAINTAINED BY THE TOWN OF PROSPER. 2. AS DEVELOPMENT,IMPROVEMENT OR CONSTRUCTION OF STREETS TO TOWN STANDARDS COMMENCE WITHIN THIS PROPERTY,THE POLICIES OF THE TOWN OF PROSPER WITH REGARD TO PARTICIPATION IN THE COSTS THEREOF, ACCEPTANCE UPON COMPLETION,AND MAINTENANCE AFTER COMPLETION,SHALL APPLY. 3. THE SAME LEVEL OF MAINTENANCE SHALL BE PROVIDED TO STREETS WITHIN THIS PROPERTY WHICH HAVE BEEN ACCEPTED BY THE TOWN OF PROSPER AS IS PROVIDED TO TOWN STREETS THROUGHOUT THE TOWN. 4. STREET LIGHTING INSTALLED ON STREETS IMPROVED TO TOWN STANDARDS SHALL BE MAINTAINED BY THE EXISTING FRANCHISE IN ACCORDANCE WITH CURRENT POLICIES. H. WATER SERVICES 1. CONNECTION TO EXISTING TOWN WATER MAINS FOR WATER SERVICE FOR DOMESTIC, COMMERCIAL, AND INDUSTRIAL USE WITHIN THIS PROPERTY WILL BE PROVIDED IN ACCORDANCE WITH EXISTING TOWN POLICIES. UPON CONNECTION TO EXISTING MAINS, WATER WILL BE PROVIDED AT RATES ESTABLISHED BY TOWN ORDINANCES FOR SUCH SERVICE THROUGHOUT THE TOWN. 2. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS PROPERTY,WATER MAINS OF THE TOWN WILL BE EXTENDED IN ACCORDANCE WITH PROVISIONS OF THE SUBDIVISION ORDINANCE AND OTHER APPLICABLE ORDINANCES AND REGULATIONS. TOWN PARTICIPATION IN THE COSTS OF THESE EXTENSIONS SHALL BE IN ACCORDANCE WITH THE APPLICABLE TOWN ORDINANCES AND REGULATIONS. SUCH EXTENSIONS WILL BE COMMENCED WITHIN TWO AND ONE-HALF (2 '/z) 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 gY 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. i TRACT 3 8 t CAMPBELL NOLDlNCS LTD. 96.999 ACRES sea 5661z'17•E • . S89'01'57% S68'54.16'E 24.19' 889.23' • 450.66• .....POINT OF BEGINING 5 267.00'W 267.09' • GRAPHIC�� TRACT'II • _ Situated In Collin County,Texas In the Collin County School land Survey, 7 1—_, Abstract No.147,being a resurvey of the 50 acre tract described in a deed a r. p Dom Mn.M Baker,et al to Mrs.M.B.Field,dated August 30.1941 recorded in Volume 330,Page 635 and the 30 acre noel described in a deed Dom MB. Allen,et t 0 to O.F.Field,Jr.dated August 30,1952 recorded in volume 459, Page 415 both deeds of the Collin County Deed Records.being described by LEGEND metes and bounds as follows • IRON area BEGINNING at an existing von pin set beside a comer post at the O Northeast comer of said 30 acre tract 0 WOOD POW u AP wools rower N"� THENCE Southerly with the East line of said 30 acre tract and with an 'is, established fence and hedge row as follows: TRACT 2ri South I'02'30•Wes 267.09 fee;South 1.12'57•West 2363.23 • A fen to an iron pin set beside a comer poS at the Southeast comer of mid 30 u 82.459 ACRES TRACT t acre act for a come CAMPBELL HOLDINGS LTD. h n f 00.298 ACRES line CE Westerly with the South line of said 30 acre tract and with Be i r South line of said 50 acre tract as follows: B S ]: North 89.01'57•West 292.35 feet to a post for an angle point; North 88.21'l3°West 196.43 feet with a row of old posts to an 11 angle point; North 88"47 21°West 470.08 feet with a row of old posts for an Dr cr angle point; < m North 88"24'16°West 405.63 feet with an established fence to ,�W p an iron pin set at the Southwest comer of said 50 acre tractm sane Wbeing a point 32 fen North-Southeast of the center of allorth-Southdin road; THENCE North I•I I'57•Fast 2635.68 fee with the Wes line of said ^1` g j 50 acre tract to an iron pin set on the cast edge of said din road at Be J Northwest comer of said 50 ace tract for comer,2 THENCE Easterly with the North line of said 50 acre tact and with the North line of said 30 acre tract as follows OWNER/APPLICANT: CAMPBELL HOLDINGS LTD. _._.. South 88'12'77°East 689.27 feet to the beginning of a fence for GEORGE W'OLLMANN. PRESIDENT 2050 N. PLANO RD. SUITE 100 an angle point; South 88"54'16°East 450.86 fen with said fence to the end of RICHARDSON, TEXAS 75082 said fence for an angle point; South 89'01'57•East 24.19 feet to the place of the beginning and REPRESENTATIVE: containing 82.4593 acres of land. DOWDEY ANDERSON &ASSOC. t t� MARDY BROWN B6y4 0 W� Nae49'2 w�` �� — `E. 9.F. F C 5225 VILLAGE CREEK DR. S1E.200 t 405.613 470.OB1• '`�•'••�j T•ca•• PLANO, TEXAS 75093 {6 Ng6Z1'133'W N69V1'S5TW ..6C,} `/9,t� SURVEYOR STATEMENT: 469-575-1272 196.43' 292.35' '- �f� �• tr% AND WAS THIS LEGAL CRIPTION IS FROM BEST FOR POLITICAL PURPOSES AVAILABLE DOCUMENTATION. 972-937-9538(FA%) �:•Q .6 O • IT IS NOT TO BE CONSTRUED AS AN ON THE GROUND SURVEY AND WAS NOT PREPARED UNDER MY SUPERVISION. IT IS NOT SEAM SHROPSHIRE UNo OP IN THE 7 FER OF TILE OF THE EXHIBIT A Taos m ertOtsfctror ^RO as'�" #5674 •OWE ROAD �-- • ANNEXATION PETITION d .�,9 amaaanaa°wr.a>..,r• 82 69 ACRESLOFLACr ND O `�} 0� COUJN OOIMry DEMO.LAND SUM AMMO NO.147 t. .. 'elf Rv DDLa,7 COUNTY.,E79.S .n. k. DOVVDEY,ANDERSON R ASSOCIATES,64C SIIfa�ge0edDkC7lAD IYRTmm7� 03W340 s�r DRAM . . DATE � m >�,— " or o='1::::10131�1 ET °'_ y � o+ m:< ' U.S. Department of Justice Civil Rights Division 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. ,... _...),,,A0 • , -anner - , 4 oting Section Enclosure 4�E C0 0 .ate w a!►--A4I, COMPTROLLER OF PUBLIC ACCOUNTS a \( �r oAv4 � P.O. BOX 13528 * � AUSTIN, TX 78711-3528 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, \„„44.) Veronica P. Harycki Revenue Accounting Division Tax Allocation Section Cc: Mitch Humble PR11b°1P °FR 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, 1/11t°W Shanae Jennings Town Secretary i 1- PRT5° P °FR 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 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, Shanae Jennings Town Secretary i 1- TPR ° P °FR WF 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+ 05-27 138.702+ 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, 11k/L24,"/AA'--#"`P Shanae Jennings Town Secretary z _ , i PR5° P °FR WF P.O. Box 307 • 113 W. Broadway • Prosper, TX. 75078 • 972.346.2640 • Fax. 972.347.2111 August 23, 2005 Burlington Northern Railroad c/o Alec Vincent 2500 Lou Menk Drive AOB 3 Fort Worth, Texas 76131 VIA CERTIFIED MAIL RECEIPT NO. 7004 0750 0004 1007 8388 RE: Recent Annexations and New Ordinances To Whom It May Concern: Enclosed please find copies of the following annexation ordinances which were recently annexed properties into the Town limits of Prosper. I am enclosing maps indicating the location of the annexed areas, along with the legal description of each area. Ordinance No. Number of Acres 05-26 100.88+ 05-27 138.702+ 05-28 146.609+ 05-29 85.789+ 05-30 3.350+ 05-31 82.459+ 05-32 86.999+ 05-33 100.288+ If you should require additional information, please feel free to contact me at 972.346.2640. Sincerely, ca)64.A.A. Shanae zngs Town Secretary 11 TOWN OF SPER 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, ha44m_e_frwpi( nnings Town Secretary 11 TPRI ° P °IR WF P.O. Box 307 • 113 W. Broadway • Prosper, TX. 75078 • 972.346.2640 • Fax. 972.347.2111 August 23, 2005 Collin County Central Appraisal District Attn: Twila Foreman 2404 Avenue K Plano, Texas 75074 VIA CERTIFIED MAIL RECEIPT NO. 7004 0750 0004 1007 8364 RE: Recent Annexations and New Ordinances To Whom It May Concern: Enclosed please find copies of the following annexation ordinances which were recently annexed properties into the Town limits of Prosper. I am enclosing maps indicating the location of the annexed areas, along with the legal description of each area. Ordinance No. Number of Acres 05-26 100.88+ 05-27 138.702+ 05-28 146.609+ 05-29 85.789+ 05-30 3.350+ 05-31 82.459+ 05-32 86.999+ 05-33 100.288+ If you should require additional information, please feel free to contact me at 972.346.2640. Sincerely, hang nnings Town Secretary • PRT5° 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 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, MItr) Shan ennings Town Secretary TOWN OF sPER P.O. Box 307 • 113 W. Broadway • Prosper, TX. 75078 • 972.346.2640 • Fax. 972.347.2111 August 23, 2005 Co-Sery Gas Attn: Gary Smith 7701 S. Stemmons Corinth, Texas 76210 VIA CERTIFIED MAIL RECEIPT NO. 7004 0750 0004 1007 8340 RE: Recent Annexations and New Ordinances To Whom It May Concern: Enclosed please find copies of the following annexation ordinances which were recently annexed properties into the Town limits of Prosper. I am enclosing maps indicating the location of the annexed areas, along with the legal description of each area. Ordinance No. Number of Acres 05-26 100.88+ 05-27 138.702+ 05-28 146.609+ 05-29 85.789+ 05-30 3.350+ 05-31 82.459+ 05-32 86.999+ 05-33 100.288+ If you should require additional information, please feel free to contact me at 972.346.2640. Sincerely, — Sha ennings Town Secretary a k ` r ', • TPR ° P °FR WF P.O. Box 307 • 113 W. Broadway • Prosper, TX. 75078 • 972.346.2640 • Fax. 972.347.2111 August 23, 2005 Co-Sery Electric Attn: Janet Knight 7701 S. Stemmons Corinth, Texas 76210 VIA CERTIFIED MAIL RECEIPT NO. 7004 0750 0004 1007 8333 RE: Recent Annexations and New Ordinances To Whom It May Concern: Enclosed please find copies of the following annexation ordinances which were recently annexed properties into the Town limits of Prosper. I am enclosing maps indicating the location of the annexed areas, along with the legal description of each area. Ordinance No. Number of Acres 05-26 100.88+ 05-27 138.702+ 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, 7,164., ) Shan ennings Town Secretary il PR5° P °IR WF P.O. Box 307 • 113 W. Broadway • Prosper, TX. 75078 • 972.346.2640 • Fax. 972.347.2111 August 23, 2005 United States Department of Commerce Bureau of the Census Geography Division Washington, DC 20233 VIA CERTIFIED MAIL RECEIPT NO. 7004 0750 0004 1007 8326 RE: Recent Annexations and New Ordinances To Whom It May Concern: Enclosed please find copies of the following annexation ordinances which were recently annexed properties into the Town limits of Prosper. I am enclosing maps indicating the location of the annexed areas, along with the legal description of each area. Ordinance No. Number of Acres 05-26 100.88+ 05-27 138.702+ 05-28 146.609+ 05-29 85.789+ 05-30 3.350+ 05-31 82.459+ 05-32 86.999+ 05-33 100.288+ If you should require additional information, please feel free to contact me at 972.346.2640. Sincerely, i annnings Town Secretary e _ a� ten. 1. L PR11b° P °IR WF P.O. Box 307 • 113 W. Broadway • Prosper, TX. 75078 • 972.346.2640 • Fax. 972.347.2111 August 23, 2005 Ms. Joyce Ballard Comptroller of Public Accounts Revenue Accounts Division PO Box 13528 Austin, Texas 78711 VIA CERTIFIED MAIL RECEIPT NO. 7004 0750 0004 1007 8319 RE: Recent Annexations and New Ordinances To Whom It May Concern: Enclosed please find copies of the following annexation ordinances which were recently annexed properties into the Town limits of Prosper. I am enclosing maps indicating the location of the annexed areas, along with the legal description of each area. Ordinance No. Number of Acres 05-26 100.88+ 05-27 138.702+ 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 • TPR °1P °rfR W P.O. Box 307 • 113 W. Broadway • Prosper, TX. 75078 • 972.346.2640 • Fax. 972.347.2111 August 23, 2005 US Department of Justice Civil Rights Division Chief, Voting Section PO Box 66128 Washington, DC 20035-6128 VIA CERTIFIED MAIL RECEIPT NO. 7004 0750 0004 1007 8302 RE: Recent Annexations and New Ordinances To Whom It May Concern: Enclosed please find copies of the following annexation ordinances which were recently annexed properties into the Town limits of Prosper. I am enclosing maps indicating the location of the annexed areas, along with the legal description of each area. Ordinance No. Number of Acres 05-26 100.88+ 05-27 138.702+ 05-28 146.609+ 05-29 85.789+ 05-30 3.350+ 05-31 82.459+ 05-32 86.999+ 05-33 100.288+ If you should require additional information, please feel free to contact me at 972.346.2640. Sincerely, Shanae;innings Town Secretary it. PRtk0PIfR WO 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, .e -foda) Shan ennings Town Secretary TPR ° P °IR WF P.O. Box 307 • 113 W. Broadway • Prosper, TX. 75078 • 972.346.2640 • Fax. 972.347.2111 August 23, 2005 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 PR15° P °rfR W 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 f_. ... sr� s .}C Win;t"! �., 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, 4cJenrnngs To Secretary 11 PR15° 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, Sh Jennings Town Secretary 11 TPR ° P °IR WF P.O. Box 307 • 113 W. Broadway • Prosper, TX. 75078 • 972.346.2640 • Fax. 972.347.2111 August 23, 2005 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 4 • 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, TEzas'-'n n THE DALLAS MORNING NEWS—COLLIN COUNTY EDITION on: NOTICE RINGS ON ANNEXATION nice 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- ;,601 S. Church Street, at 6:00 p.m.,on May 10, 05 and May 24, 2005,for the purpose of consid- ng the annexation of the following described ,party: IREMIAH HORN SURVEY, ABSTRACT NO. 1, COLLIN COUNTY, TEXAS, CONTAINING 'PROXIMATELY 72.13 ACRES OF LAND,AND IE LARKIN MCCARTY SURVEY, ABSTRACT ). 600, COLLIN COUNTY,TEXAS, CONTAIN. I APPROXIMATELYPRXIME2 Y6 ACRES, FOR A ITAL OF APPROXIMATELY 100.88 ACRES OF AND,AND BEING MORE GENERALLY LOCAT- ON THE SOUTH SIDE OF FIRST STREET, D00 FEET WEST OF CUSTER ROAD. (Lynda Black) IREMIAH HORN SURVEY, ABSTRACT NO. 1, COLLIN COUNTY, TEXAS, AND LARKIN CCARTY SURVEY,ABSTRACT NO.800,COL- N COUNTY,TEXAS, CONTAINING APPROXI- ATELY 138.702 ACRES OF LAND, AND BE- IG MORE GENERALLY LOCATED ON THE )UTHWEST CORNER OF FIRST STREET AND JSTER ROAD. REMIAH HORN SURVEY, ABSTRACT NO. 11, COLLIN COUNTY, TEXAS, CONTAINING 'PROXIMATELY 146.809 ACRES OF LAND,subscribed before me this April 22, 2005, A.D ND BEING MORE GENERALLY LOCATED ON iE NORTH SIDE OF UNIVERSITY DRIVE,3,000 EET WEST OF CUSTER ROAD. DLLIN COUNTY SCHOOL LAND SURVEY, AB- TRACT NO. 147, COLLIN COUNTY, TEXAS, DNTAINING APPROXIMATELY 86.789 ACRES F LAND, AND BEING MORE GENERALLY LO- 4TED ON THE NORTHWEST CORNER OF i5,4 ALLAS PARKWAY AND PROSPER TRAIL. DLLIN COUNTY SCHOOL LAND SURVEY,AB- ) . 1ZZëLLL TRACT NO. 147, COLLIN COUNTY, TEXAS, DNTAINING APPROXIMATELY 3.380 ACRES (Lisa Bette ield) F LAND, AND BEING MORE GENERALLY LO- 8\\liilll//�!� l ATED ON THE EAST SIDE OF DALLAS PARK- � ,��r^ �� //, 'AY, 1,600 FEET NORTH OF PROSPER TRAIL. OLLIN COUNTY SCHOOL LAND SURVEY,AB• ''•,• TRACT NO. 147, COLLIN COUNTY, TEXAS, ._.,; :. ONTAINING APPROXIMATELY 82.489 ACRES O •s �' F LAND, AND BEING MORE GENERALLY LO- 2:k • P ATED ON THE EAST SIDE OF LEGACY DRIVE, ,J o .600 FEET NORTH OF FISHTRAP ROAD. OLLIN COUNTY SCHOOL LAND SURVEY,AB- 4 TRACT NO. 147, COLLIN COUNTY, TEXAS, - STATE.'5� - ONTAINING APPROXIMATELY 86.999 ACRES • E,49%::••• F LAND, AND BEING MORE GENERALLY LO- '•.......' j, `. ATED ON THE SOUTH SIDE OF PROSPER RAIL, 1,600 FEET EAST OF LEGACY DRIVE. ',���DUNE iitt \' 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,j G- ,CY DRIVE. Fa II interested citizens and property ownals6' ereby notified of their right to appear and ba„iil n the matter. — _ y4e .� : 113 W. Broadway i1� P.O. Box 307 Prosper,Texas 75078 TOWN OF (972)346-264o SP E (972)347-2111 (fax) April 6, 2005 To whom it may concern, Notice is hereby given of the Town of Prospers intention to annex the following described property: JEREMIAH HORN SURVEY, ABSTRACT NO. 411, COLLIN COUNTY, TEXAS, CONTAINING APPROXIMATELY 72.13 ACRES OF LAND, AND THE LARKIN MCCARTY SURVEY, ABSTRACT NO. 600, COLLIN COUNTY, TEXAS, CONTAINING APPROXIMATELY 28.75 ACRES, FOR A TOTAL OF APPROXIMATELY 100.88 ACRES OF LAND, AND BEING MORE GENERALLY LOCATED ON THE SOUTH SIDE OF FIRST STREET, 2,000± FEET WEST OF CUSTER ROAD. (A 2005-02{a}) JEREMIAH HORN SURVEY, ABSTRACT NO. 411, COLLIN COUNTY, TEXAS, AND LARKIN MCCARTY SURVEY, ABSTRACT NO. 600, COLLIN COUNTY, TEXAS, CONTAINING APPROXIMATELY 138.702 ACRES OF LAND, AND BEING MORE GENERALLY LOCATED ON THE SOUTHWEST CORNER OF FIRST STREET AND CUSTER ROAD. (A 2005-03{b}) JEREMIAH HORN SURVEY,ABSTRACT NO. 411, COLLIN COUNTY,TEXAS, CONTAINING APPROXIMATELY 146.609 ACRES OF LAND, AND BEING MORE GENERALLY LOCATED ON THE NORTH SIDE OF UNIVERSITY DRIVE, 3,000± FEET WEST OF CUSTER ROAD. (A 2005-04{c}) COLLIN COUNTY SCHOOL LAND SURVEY,ABSTRACT NO. 147, COLLIN COUNTY,TEXAS, CONTAINING APPROXIMATELY 85.789 ACRES OF LAND,AND BEING MORE GENERALLY LOCATED ON THE NORTHWEST CORNER OF DALLAS PARKWAY AND PROSPER TRAIL. (A 2005-05) COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147, COLLIN COUNTY, TEXAS, CONTAINING APPROXIMATELY 3.350 ACRES OF LAND, AND BEING MORE GENERALLY LOCATED ON THE EAST SIDE OF DALLAS PARKWAY, 1,500± FEET NORTH OF PROSPER TRAIL. (A 2005-06) COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147, COLLIN COUNTY, TEXAS, CONTAINING APPROXIMATELY 82.459 ACRES OF LAND,AND BEING MORE GENERALLY LOCATED ON THE EAST SIDE OF LEGACY DRIVE, 1,500± FEET NORTH OF FISHTRAP ROAD. (A 2005-07{a}) COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147, COLLIN COUNTY, TEXAS, CONTAINING APPROXIMATELY 86.999 ACRES OF LAND, AND BEING MORE GENERALLY LOCATED ON THE SOUTH SIDE OF PROSPER TRAIL, 1,500± FEET EAST OF LEGACY DRIVE. (A 2005-08{b}) COLLIN COUNTY SCHOOL I ) SURVEY, ABSTRACT NO. 147, COLL OUNTY, TEXAS, CONTAINING APPROXIMATELY 100.288 A :S 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, r Shanae Jennings Town Secretary Annexation Calendar CAMPBELL HOLDINGS, LTD. — A (A 2005-07) 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. 05 - 3 / ANNEXATION PETITION TO THE MAYOR AND GOVERNING BODY OF THE TOWN OF PROSPER,TEXAS The undersigned owner(s)of the hereinafter described tract of land,which is vacant and without residents,or on which less than three(3)qualified voters reside,hereby petition your honorable body to extend the present Town limits so as to include as a part of the Town of Prosper,Texas,the following described territory,to wit: Description of the territory to be annexed by metes and bounds: See attached description for an 82 .459 acre tract of land in the Collin County School Land Survey Abstract No. 147. I(We)certify that the above described tract of land is contiguous to th Town of Prosper,Texas,is not more than one-half (1/2)mile in width and that this petition is signed and duly acknowled by each and every person or corporation having an interest in said land Own 's S' THE STATE OF TEXAS COUNTY OF Before me,the undersigned authority,on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he or she executed the same for the purposes and consideration therein expressed. hand and seal of office,this day of �`� ,20_� : • Notary Public,State of Texas X A ' ) My Commission Expires f , September 05, 2007 Notary Public in and for the State of Texas My Town Council expires: ` S'0 7 Owner's Signature#2(if applicable) THE STATE OF TEXAS COUNTY OF Before me,the undersigned authority,on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he or she executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office,this day of ,20_�. (SEAL) Notary Public in and for the State of Texas $250.00 Application Fee for Annexations My Town Council expires: ez OOt tees on S;c La-y icy 'ar 1 S—UD * ca.P • 15 THIS DOCUMENT HAS A GRA D BACKGROUND.DARK TO LIGHT. THE REVERSE SIDE INCLUDES AN ARTIFICIAL WATERMARK. artners, L C Comerica Bank-Texas 2050 N. Plano Rd, Ste 100 Dallas,TX 32-75 1577 Richardson,TX 75082 «rn `_4 ilio 972-231-9791 DATE 3/28;2005 AY Reference. Too f of — -- $ L**250.00 Two Hundred Fifty,and 06prF1llc"°"************************4****:: *,;***.***,,+e*********..*******..**,***********.a:************ =+ — DOLLARS 0 THE Town of Prosper iZDER • • t N. N � =mo Annexation lI'00 1 5 7 711' I: 1 11000 7 5 3D: 18808 7 7 3 68ii' JC Partners, LLC 1577 Town of Prosper 3/28/2005 .20 usp-er 250.00 ra• 4/51 aa�t u-l o ;:• r a. E aF y4'. lad. a omerica Checking Annexation . 250.00 ANNEXATION CHECKLIST PROVIDE COMPLETED CHECK LIST SIGNED BY PREPARER WITH APPLICATION An application petition and a$250.00 application fee shall be accompanied by the following materials: o A legal description (metes and bounds)of the property to be annexed on 8 '/2"x 11"paper titled as "Exhibit A"and sealed and signed by a surveyor. o Three 24" x 36", three 11" x 17", and three 8 'A" x 11" copies of an annexation exhibit (Exhibit A) containing the following information: Title block located in lower right corner(titled as Exhibit A)with subdivision name or survey name and abstract number,tract number,acreage,and preparation date # Names,addresses,and phone numbers of owner,applicant,and surveyor The legal description (metes and bounds) of the area within the annexation request shall be inlcuded on the annexation exhibit and sealed and signed by a surveyor. p North arrow,scale,and location/vicinity map # Property boundary and dimensions f Adjacent streets with names a Distance to nearest cross street Preparer's Signature • 19 TRACT II Situated in Collin County, Texas in the Collin County School Land Survey, Abstract No. 147, being a resurvey of the 50 acre tract described in a deed from Mrs. M Baker, et al to Mrs. M.B. Field, dated August 30, 1941 recorded in Volume 330, Page 635 and the 30 acre tract described in a deed from M.B. Allen, et ux to O.F. Field, Jr. dated August 30, 1952 recorded in volume 459, Page 415 both deeds of the Collin County Deed Records, being described by metes and bounds as follows: BEGINNING at an existing iron pin set beside a corner post at the Northeast corner of said 30 acre tract: THENCE Southerly with the East line of said 30 acre tract and with an established fence and hedge row as follows: South 1" 02' 30° West 267.09 feet; South 1" 12' 57° West 2363.23 feet to an iron pin set beside a corner post at the Southeast corner of said 30 acre tract for a corner; THENCE Westerly with the South line of said 30 acre tract and with the South line of said 50 acre tract as follows: North 89" 01' 57 ° West 292.35 feet to a post for an angle point; North 88" 21' 13° West 196.43 feet with a row of old posts to an angle point; North 88" 49' 21° West 470.08 feet with a row of old posts for an angle point; North 88" 24' 16° West 405. 63 feet with an established fence to an iron pin set at the Southwest corner of said 50 acre tract for a corner; same being a point 32 feet east of the center of a North-South dirt road; THENCE North 1" 11' 57° East 2635.68 feet with the West line of said 50 acre tract to an iron pin set on the east edge of said dirt road at the Northwest corner of said 50 acre tract for a corner; THENCE Easterly with the North line of said 50 acre tract and with the North line of said 30 acre tract as follows: South 88" 12' 17°East 889.23 feet to the beginning of a fence for an angle point; South 88" 54' 16°East 450.86 feet with said fence to the end of said fence for an angle point; South 89" 01' 57° East 24.19 feet to the place of the beginning and containing 82.4593 acres of land. R:\Data\2005\05027\TRACT II LEGAL DESC.doc MW...i . vs. ; , ssi TRACT 3 CAMPBELL HOLDINGS LID. 1�+ E6.999 ACRES i�i..� C C S89'O1.57"E S8812'17'1 58854'16"E 24.19' 889.23' . 45 se. �i POINT OF BECINING A GRAPHIC SCALE S0267.09'W a•NO 267.09' TRACT II Situated in Collin County,Texas in the Collin County School Land Survey, s ima�1. Abstract No.147,being a resurvey of the 50 acre tract described in a deed from Mrs.M Baker.et al to Mrs.M.B.Field dated August 30.1941 recorded in Volume 330,Page 635 and the 30 acre Iran described in a deed hom M.B. Allen.et auto O.F.Field.Ir.dated August 30.1952 recorded in volume 459. LEGEND Page 415 both deeds of the Collin County Deed Record,being deanbed by metes and bounds as follows' • MMON STAKE BEGINNING at an existing ion pin set beside a comer post at the 0 west 10ST 0Nonheast corner of said 30 acre tract: AP Au mew 0 g THENCE Southerly with the Fin line of said 30 acre tract and with an st o as established fence and hedge w follows: N 17 Pi re South I"02'30°West 267.09 feet;South I"12'57°West 2363.23 feet to an ion pin set beside a coma post at the Southeast comer of said 30 82.459 ACRES TRACT 1 acre tract fracomer. u CAMPBELL HOLDINGS ITS. i` 100.2EA ACRES THENCE Westerly with the South lure of said 30 acre tract and with the B .'ra South line of said 50 acre tract as follows: Br p North 89^O1'57°West 292.35 fed to a poll for an angle point; = iNorth 88"21'13•West 196.43 feet with a ow of old posts to an N n N angle point. it North 88"49'21°West 470.08 feet with a ow of old posts for an r c angle point. N NoNorth88.24'16°Wea1405.63 fed with an established fence to an on pin set at the Southwest conic of said 50 acre tract for a coma:same .•gbeing a point 32 feet east of the center of a North-South din road: a ad THENCE North 1.1 I'57°Faat 2635.68 fat with the West line of said 8 = Nonhwest comer of said 50 ace tract fo 50 acre tract to an iron pin set on the r aAl din road at the aTHENCE Easterly with the North line of said 50 acre tract and with the OWNER/APPLICANT: o North line of said 30 acre tract as follows: CAMPBELL HOLDINGS LTD. South 88•12'17°Fist 889.23 fen to the be f a fence for GEORGE WOLLMANN. PRESIDENT beginning 2050 N. PLANO RD. SUITE 100 • an angle point. RICHARDSON. TEXAS 75082 • South 88"54'I6°East 450.86 fed with said fence to the end of said fence for an angle point. REPRESENTATIVE: South 89'01'sr East 24.19 feet to the place of the beg:amine and of containing 82.4593 acres of land. DOWDEY ANDERSON & ASSOC. MARDY BROWN 1� C 5225 VILLAGE CREEK DR. STE.200 �1481 �4 61I/ �N88'49'2 w �p Q.• OT'• .�" P469-576-1272 LANO. TEXAS 75093 405.�3' 470.081 J`��` 1 rr • �a� - SURVEYOR STATEMENT: 972-9311-9538(FAX) NOB21'13W N89'01'37"W _J'.•G 9 V THIS LEGAL DESCRIPTION IS FOR POLrBG1 PURPOSES ONLY 196.43' 292.35' \` AND WAS TAKEN FROM BEST AVAILABLE DOCUMENTATION. $ ��Q' Q°•* R IS NOT TO BE CONSTRUED AS AN ON THE GROUND SURVEY • AND WAS NOT PREPARED UNDER MY SUPERVISION. H IS NOTTO BE D IN THE T FER OF TITLE OF THE EXHIBIT A SEAN SHROPSHIRE LANDS DEP no,ta.norWano . ANIlXATIQN PETITION nr neap era..COUNTY /••'CI #5674 92.489 ACRES OF LAIEI LIME Rosa \ t90 A."Q av"sFer�ILAI.�ew....+ COUNT CCIMTY 30100.LJBU 3URWC,MILORACT Na 1st -7A; ss kO co,o COUNTY.1LOU1! 'YO •..... 0 R V i DOkWDrt,ANDERSON&/�AT stow 0010 cast 1CM1 ( MO SIM at,. as to r-sear 196.Qn I 1 OWN OF PROSPER, TEXAS NOTICE OF PUBLIC HEARINGS ON ANNEXATION Notice is hereby given that public hearings will be held by the Governing Body of the Town of Prosper, Texas, in the First Baptist Church Children's Building, 601 S. Church Street, at 6:00 p.m., on May 10, 2005 and May 24, 2005, for the purpose of considering the annexation of the following described property: JEREMIAH HORN SURVEY, ABSTRACT NO. 411, COLLIN COUNTY, TEXAS, CONTAINING APPROXIMATELY 72.13 ACRES OF LAND, AND THE LARKIN MCCARTY SURVEY, ABSTRACT NO. 600, COLLIN COUNTY, TEXAS, CONTAINING APPROXIMATELY 28.75 ACRES, FOR A TOTAL OF APPROXIMATELY 100.88 ACRES OF LAND, AND BEING MORE GENERALLY LOCATED ON THE SOUTH SIDE OF FIRST STREET, 2,000± FEET WEST OF CUSTER ROAD. JEREMIAH HORN SURVEY, ABSTRACT NO. 411, COLLIN COUNTY, TEXAS, AND LARKIN MCCARTY SURVEY, ABSTRACT NO. 600, COLLIN COUNTY, TEXAS, CONTAINING APPROXIMATELY 138.702 ACRES OF LAND, AND BEING MORE GENERALLY LOCATED ON THE SOUTHWEST CORNER OF FIRST STREET AND CUSTER ROAD. JEREMIAH HORN SURVEY, ABSTRACT NO. 411, COLLIN COUNTY, TEXAS, CONTAINING APPROXIMATELY 146.609 ACRES OF LAND, AND BEING MORE GENERALLY LOCATED ON THE NORTH SIDE OF UNIVERSITY DRIVE, 3,000± FEET WEST OF CUSTER ROAD. COLLIN COUNTY SCHOOL LAND SURVEY,ABSTRACT NO. 147, COLLIN COUNTY, TEXAS, CONTAINING APPROXIMATELY 85.789 ACRES OF LAND, AND BEING MORE GENERALLY LOCATED ON THE NORTHWEST CORNER OF DALLAS PARKWAY AND PROSPER TRAIL. COLLIN COUNTY SCHOOL LAND SURVEY,ABSTRACT NO. 147, COLLIN COUNTY, TEXAS, CONTAINING APPROXIMATELY 3.350 ACRES OF LAND,AND BEING MORE GENERALLY LOCATED ON THE EAST SIDE OF DALLAS PARKWAY, 1,500± FEET NORTH OF PROSPER TRAIL. COLLIN COUNTY SCHOOL LAND SURVEY,ABSTRACT NO. 147, COLLIN COUNTY, TEXAS, CONTAINING APPROXIMATELY 82.459 ACRES OF LAND, AND BEING MORE GENERALLY LOCATED ON THE EAST SIDE OF LEGACY DRIVE, 1,500± FEET NORTH OF FISHTRAP ROAD. COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147, COLLIN COUNTY, TEXAS, CONTAINING APPROXIMATELY 86.999 ACRES OF LAND, AND BEING MORE GENERALLY LOCATED ON THE SOUTH SIDE OF PROSPER TRAIL, 1,500± FEET EAST OF LEGACY DRIVE. COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147, COLLIN COUNTY, TEXAS, CONTAINING APPROXIMATELY 100.288 ACRES OF LAND, AND BEING MORE GENERALLY LOCATED ON THE NORTH SIDE OF FISHTRAP ROAD, 2,500 ± FEET EAST OF LEGACY DRIVE. All interested citizens and property owners are hereby notified of their right to appear and be heard on the matter. Shanae Jennings, Town Secretary Town of Prosper 1/4f 1 hlbS ti J\ TOWN OF P4SPER 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 St&EY, ABSTRACT NO. 147, COLLIN COUI ', TEXAS, CONTAINING APPROXIMATELY 3.350 ACRES OF D, AND BEING MORE GENERALLY L QED 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