06-124 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 06-124
AN ORDINANCE PROVIDING FOR THE VOLUNTARY ANNEXATION OF A TRACT
OF LAND SITUATED IN THE LARKIN MCCAR SURVEY, ABSTRACT 600, COLLIN
COUNTY, TEXAS, CONTAINING APPROXIMATELY 1.94 ACRES OF LAND, AND
BEING MORE GENERALLY LOCATED ON THE NORTH SIDE OF EAST FIRST
STREET (CR 79), 1,100± FEET WEST OF CUSTER ROAD (CR 2478) MORE OR LESS
IN COLLIN COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND
INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE
ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF
PROSPER AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT
AND HEREINAFTER ADOPTED; PROVIDING FOR REPEALING, SAVINGS AND
SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS
ORDINANCE.
WHEREAS, the Town of Prosper ("Prosper") received a request from Prosper Church
Land, L.P. to annex a tract of land containing approximately 127.854 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
Page 1
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
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.
Page 2
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. Prosper 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.
PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS THIS 28TH DAY OF NOVEMBER, 2006.
CHARLES NISWAN , MAYOR
ATTESTED TO AND
CORRECTLY RECORDED BY: ��.o t1 IO Of l,
%
.: ter S s
TTHEW . DENTON, TOWN SECRETARY + *E *
. I
,.
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Page 3
TOWN OF PROSPER,TEXAS
SERVICE PLAN FOR ANNEXED AREA
ANNEXATION ORDINANCE: NO. 06-124
DATE OF ANNEXATION ORDINANCE: November 28,2006
ACREAGE ANNEXED: Approximately 1.94 acres
SURVEY,ABSTRACT&COUNTY: Larkin McCarty Survey,Abstract 600,Collin County
CURRENT PROPERTY OWNER: James Barns
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 ORDINANCE.
2. AS DEVELOPMENT AND CONSTRUCTION COMMENCE ON THIS PROPERTY,AND POPULATION
DENSITY INCREASES TO THE PROPERTY LEVEL, SOLID WASTE COLLECTION SHALL BE
PROVIDED TO THIS PROPERTY IN ACCORDANCE WITH THE CURRENT POLICIES OF THE
TOWN AS TO FREQUENCY, CHANGES AND SO FORTH.
G. STREETS
1. THE TOWN OF PROSPER'S EXISTING POLICIES WITH REGARD TO STREET MAINTENANCE,
APPLICABLE THROUGHOUT THE ENTIRE TOWN, SHALL APPLY TO THIS PROPERTY
BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. UNLESS A
STREET WITHIN THIS PROPERTY HAS BEEN
CONSTRUCTED OR IS IMPROVED TO THE TOWN'S STANDARDS AND SPECIFICATIONS,
THAT STREET WILL NOT BE MAINTAINED BY THE TOWN OF PROSPER.
2. AS DEVELOPMENT,IMPROVEMENT OR CONSTRUCTION OF STREETS TO TOWN
STANDARDS COMMENCE WITHIN THIS PROPERTY,THE POLICIES OF THE TOWN OF PROSPER
WITH REGARD TO PARTICIPATION IN THE COSTS THEREOF, ACCEPTANCE UPON
COMPLETION,AND MAINTENANCE AFTER COMPLETION, SHALL APPLY.
3. THE SAME LEVEL OF MAINTENANCE SHALL BE PROVIDED TO STREETS
WITHIN THIS PROPERTY WHICH HAVE BEEN ACCEPTED BY THE TOWN OF PROSPER AS IS
PROVIDED TO TOWN STREETS THROUGHOUT THE TOWN.
4. STREET LIGHTING INSTALLED ON STREETS IMPROVED TO TOWN STANDARDS
SHALL BE MAINTAINED BY THE EXISTING FRANCHISE IN ACCORDANCE WITH CURRENT
POLICIES.
H. WATER SERVICES
1. CONNECTION TO EXISTING TOWN WATER MAINS FOR WATER SERVICE FOR DOMESTIC,
COMMERCIAL, AND INDUSTRIAL USE WITHIN THIS PROPERTY WILL BE PROVIDED IN
ACCORDANCE WITH EXISTING TOWN POLICIES. UPON CONNECTION TO EXISTING MAINS,
WATER WILL BE PROVIDED AT RATES ESTABLISHED BY TOWN ORDINANCES FOR SUCH
SERVICE THROUGHOUT THE TOWN.
2. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS PROPERTY, WATER MAINS OF
THE TOWN WILL BE EXTENDED IN ACCORDANCE WITH PROVISIONS OF THE SUBDIVISION
ORDINANCE AND OTHER APPLICABLE ORDINANCES AND REGULATIONS. TOWN
PARTICIPATION IN THE COSTS OF THESE EXTENSIONS SHALL BE IN ACCORDANCE WITH THE
APPLICABLE TOWN ORDINANCES AND REGULATIONS. SUCH EXTENSIONS WILL BE
COMMENCED WITHIN TWO AND ONE-HALF (2 'h) YEARS FROM THE DATE OF ADOPTION OF
THE ANNEXATION ORDINANCE, OR UPON COMMENCEMENT OF DEVELOPMENT OF A
SUBDIVISION WITHIN THIS PROPERTY, WHICHEVER OCCURS LATER.
3. WATER MAINS INSTALLED OR IMPROVED TO TOWN STANDARDS WHICH ARE WITHIN THE
ANNEXED AREA AND ARE WITHIN DEDICATED EASEMENTS SHALL BE MAINTAINED BY THE
TOWN OF PROSPER BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION
ORDINANCE.
4. THEIR OWNERS, IN ACCORDANCE WITH EXISTING POLICIES APPLICABLE THROUGHOUT THE
TOWN, SHALL MAINTAIN PRIVATE WATER LINES WITHIN THIS PROPERTY.
I. SANITARY SEWER SERVICES
1. CONNECTIONS TO EXISTING TOWN SANITARY SEWER MAINS FOR SANITARY SEWAGE
SERVICE IN THIS AREA WILL BE PROVIDED IN ACCORDANCE WITH EXISTING TOWN
POLICIES. UPON CONNECTION, SANITARY SEWAGE SERVICE WILL BE PROVIDED AT RATES
ESTABLISHED BY TOWN ORDINANCES FOR SUCH SERVICE THROUGHOUT THE TOWN.
2. SANITARY SEWAGE MAINS AND/OR LIFT STATIONS INSTALLED OR IMPROVED TO TOWN
STANDARDS, LOCATED IN APPROVED DEDICATED EASEMENTS, AND WHICH ARE WITHIN
THE ANNEXED AREA AND ARE CONNECTED TO TOWN MAINS WILL BE MAINTAINED BY THE
TOWN BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. PRIVATE
SEWER LINES SHALL BE MAINTAINED BY THE OWNERS THEREOF IN ACCORDANCE WITH
EXISTING TOWN POLICIES,PRACTICES AND REGULATIONS.
3. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS AREA, SANITARY SEWER
MAINS OF THE TOWN WILL BE EXTENDED IN ACCORDANCE WITH PROVISIONS OF THE
SUBDIVISION ORDINANCE AND OTHER APPLICABLE TOWN ORDINANCES AND
REGULATIONS. TOWN PARTICIPATION IN THE COSTS OF THE EXTENSIONS SHALL BE IN
ACCORDANCE WITH APPLICABLE TOWN ORDINANCES AND REGULATIONS. SUCH
EXTENSIONS WILL BE COMMENCED WITHIN TWO AND ONE-HALF (2 1/2) YEARS FROM THE
EFFFECTIVE 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.
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,,,,/ , i r . . , ANNEXATION EXHIBIT
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i/ FOR
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1 \ / • ''''. . , / 4..7( WHITLEY PLACE
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„, ,- . A PLANNED DEVELOPMENT ON 1.936 ACRES
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, ,. '. i.../ ,-- / IN THE LARKIN McCARTY SURVEY,ABSTRACT NO.600
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COLLIN COUNTY,TEXAS
.air,,I,•?•4... For HUITY—ZI11.215,wc. AFFLICANT, OMER PREPARED BY.
,:o,..o•-*Op,
CC JOINT VENTURES,L'fD. JAMES BARNES HUITT-MLIARS
ii,lr,;':,,',117;174" 41..10.10.--. t 1...•le, WM tmclond 317m•
',..:,,,,, 04 11•84wwl Probooknol tond 9wwwwr No RC DR..isms 75248 OollaxMom 75387 3131 Yd.,Aw MIA 803 OR.Mos 7320.•'•'..a:."‘ IWone,(971)9.31-.71 Mum(972)357-.10 Mow Mx)87,3311 reo(214)en-oysp
Amu.34.2000
, -: U.S. Department of JusticeOs‘..)
Civil Rights Division
JKT:RPL:SMC:maf Voting Section-NWB.
DJ 166-012-3 950 Pennsylvania Avenue, N.W.
2006-7114 Washington,DC 20530
January 12, 2007
Mr. Matthew D. Denton
Town Secretary
P.O. Box 307
Prosper, Texas 75078
Dear Mr. Denton:
This refers to two annexations (Ordinance Nos. 06-124 and 06-125)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 December 11, 2006.
The Attorney General does not interpose any objection to the 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. In addition, as authorized
by Section 5, we reserve the right to reexamine this submission if additional information that
would otherwise require an objection comes to our attention during the remainder of the
sixty-day review period. Procedures for the Administration of Section 5 of the Voting Rights
Act (28 C.F.R. 51.41 and 51.43).
Sincerely,
c..Cf John Tanner
Chief, Voting Section
AFFIDAVIT OF PUBLICATION
STATE OF TEXAS
COUNTY OF DALLAS
Before me, a Notary Public in and for Dallas County, this day personally appeared Lynda
Black, Legal Advertising Representative for the DALLAS MORNING NEWS being duly
sworn by oath, states the attached advertisement of:
Town of Prosper
as published in The Dallas Morning News—Metro Collin County Edition on:
September 12, 2006
(Lynda Black)
Sworn to and subscribed before me this September 12, 2006, A.D
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Several new 3bd/2.5ba/2 bankruptcy & self em- \ Q 1 meat)
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ATVs,running or not,any corner in a sated comm, proval issued instantly.
year or model. wood floors, ceramic Startm shopping for your
214-434-4545 tiles,granit counter tops. home as little dreama POOL TABLE
6 month lease considered. home in se10 10 BRAND NEW
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Autos/Trucks Section 8 OK. $1350. days! 1-800-830-3861, 8x4, 1" slate,Ieather
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Wanted Call Bukky at 214-796-4260 Out of Metro lex:North Selutions.com today. $3500, sacrifice
$990 incl. $500 ac-
A Top $ Pd ( Frisco ) OKLAHOMA ( Want to Buy ) cess kit. Can deliv-
tall. 972-814-
HUNTINO RANCHES e50955817-697 6541
Individual Wdiflts Dup-New lux 3bd/2.5ba, 2 Hrs from metroplex: 17, IF YOU NEED THE
to buy vehicle hdwds a opls,low rent.214- 190, 287, 423 & 472 Acs. BEST CASH OFFER
1990-2005 SW Ranch Sales �0015,$
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location Loaded with many lets,
YOU'RE APPROVED! / CALL US TODAY! has lounger, has under
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Buyers ALL CREDIT pro ertV•For Sale 974.414.5249 cabinets, digital controls,
ACCEPTED ,...Propertypaid$5000 sell for$1795
Buying '93 yr LOWER PYMTS (214) 681-4116
model & UpTHAN RENT Pets-Poultry
ZERO
DOWN LAKE Sporting Goods )
*972-953-8460* TEXOMA Livestock
*CASH PAID!*
Cabins, lake front
homes, retirement (
For Rods, Reels, Lures
Cattl9
HomeCenter ( Plano ) Freshwater, Saltwater,
homes, homes with Old & New * 214-356-80)0
boat docks; lot: Registered Tex-
and acreage. as Longhorns.
Exquisite Living prices. Call Bill
ordably Highlight
Real Estate Call for free 903-450-8725i 7 17-45 7725
Rentals spacious Award'1annig brochure;
Apartments 100s of listings. Merchandise Your
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Convenient to the Items
North Freeway and Preston
800-880-3355 (Antiques,Art,Collectible)
ww`°texmnuproper!ic;
i *Direct attached
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lish any advertise- *Full Business Center Waterfront& Golf cabinets, & more. (972) Grey
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i. Today! 972-202-1000 One Capital $285. 469-323-1015.
MONTH
1 FREE!!! Legal Bids Legal Bids
111 JANCING
w/12 Month Agreement PPROVALany Dallas LocationEDIT & Notices & Notices
Full Service TED
our Local AreaS/RATES
Executive suites TOIIWdy&Alpha OWNLegal Notices ) ( Legal Notices )
Tollway & QuorumClassifieds -3400
LBJ Fwy (New)
Turtle Creek (214) 745-8123
Also Offices in Frisco
866-972-1200 TOWN OF PROSPER TEXAS
sales@pbcenters.com
www.pbcenters.com NOTICE OF PUBLIC HEARINGS
ON ANNEXATION
Notice is hereby given that public hearings will'be
held by the Governing Body of the Town of Prosper,
Service DirectoryDrive, in :00 p.m., o EOtober 1 820 Soand 24,Drive, r on n g, 2006, and ion
2006,for the purpose of considering the annexation
of the following described properties:
LARKIN MCCARTY SURVEY, ABSTRACT NUM-
BER 600, COLLIN COUNTY, TEXAS, CONTAIN-
ING APPROXIMATELY 17.34 ACRES OF LAND,
Fencin Re air ) ( House Foundation 1 AND BEING MORE GENERALLY LOCATED
To Place Your p J WEST OF CUSTER ROAD(CR 2478), 175t FEET
Service Ad Affordable Fence Co. Repairs NORTH OF EAST FIRST STREET(CR 79).
New wood fences & Foundation repair/slab/ LARKIN MCCARTY SURVEY, ABSTRACT NUM-
Please Call expert fence repairs. 26 pierbeam/low$✓fr est. BBB BER 600, COLLIN COUNTY, TEXAS, CONTAIN-
years service. All major 972-509-2814 1-866-879-1700 ING APPROXIMATELY 1.94 ACRES OF LAND,
credit cards. 972-423-2222 AND BEING MORE GENERALLY LOCATED ON
214977-7857 THE NORTH SIDE OF EAST FIRST STREET(CR
Tree Service ) 79), APPROXIMATELY 1,100t FEET WEST OF
1 CUSTER ROAD (CR 2478).
HOTOS ONLINE! Home Repairs ) too, BAKER'S
TREE SVC. All interested citizens.and property owners_are
ee it.Sell it.150y it. (972) 517-7917 moval-t&Stump hereby notified of theiri,•ight to appear and be Ito,atrd
Well-known Charlie's Removal. Insured. Free on the matter.
14) 745-8123 Ext/int. Repairs Estimate. Off-Duty
Firefighter. 972-675-8733 Matthew D. Denton,Town Secretary
Town of Prosper,Texas
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:
I(We)certify that the above described tract of land is contiguous to the Town of Prosper, Texas, is not more than one-half
(1/2)mile in width and that this petition is signed and duly acknowledged by each and every person or corporation having an
interest in said land.
46, 5/Li 06
Own is Signature#1
THE STATE OF TEXAS
COUNTY OF tlelae/
Before me,the undersigned authority,on this day personally appeared a,,,�, •u.w1-known to me to be the
person whose name is subscribed to the foregoing instrument and ac wledged to me that he or she executed the same for
the purposes and consideration therein expressed. nn
Given under my hand and seal of office,this of/d 21ay of , 20 OG
(SEAL) % a ���
^,,00�,�„ ,,,,� Notary Public ins add for the State of Texas
�,pr�P�je
°(j G�+: MARGARET PACE
is\I jb t Ncsary Public,State of Texas My^,a expires: �S.Z.s=m?
t14F 1"My r;;mmlaalon Expires 05-25-07
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
My Town Council expires:
$250.00 Application Fee for Annexations
14
' '•..1.‘. - .\_-
(j( / I \ '-','SN'4.. .fiC.' ,",''t.., ' 1 ' ' ,\', ‘,./P4i,\' .frkcA C\ ? \ `,..,,,‘,,,,,...,,.. ........ ..,..„,....::,...''......_,...V.1-_,. S. . l'' ' 1 t:
•
•
. 1 � Ja PRRCEC
t`, ``\ LOCATION i,
\ \ 1 1
_ t GRAPHIC SCALE +--s
Sy \\1\ ` was ��3� N ` yy \` a ! �iT i : :.'3r. \,
POlIP o�� •i'• \\ \,... VICINITY MAP
Re0INNRAG
F
K " td!..9AOE NM \
i'SL \ \\ \\ \ ' I.
-' \,\.-- l
H, YNU 06cRIPRON
• r \ h \ BepG•hhea of tam.1 u. Nth.IAA.N.A.,earw>,.....Ne...
\ , 47 _ \\ \_\ ��Wn es B unlf Tuu and being Volume
of 5199 rage 9 9 eru ON Lhe Deed Record.. to
Collin
� \ ow.)Ter...nd 9 more particularly de crlb.d.. °r. Co1
• \ k 000P00 NC at.11 Inch Iron rod found With mP.t l..9ert0..t corns of..Id
1 cot\ i •n ( - -\, \ Via., .�` Herne.leech
``i I '' t.�`\U / �� — -L 11t . S\ TN..North 09 dap..sa .Ia.along
.•dno�el.Ilb
1 \ ` `t,'. d.. \ \.., '\ \\ \ 4' �__ ,\ \7. ..la Horns tn..•a hoe e e 1L o Hun of
• \ t ' \, 1/^ t stamped N>ol. U.eo e..l o[neee�oof.1d Luc tract.
c
\\1 -J' ri / 1 1 \ { TI@.C2 ale.the...tort,Iln trove,N wing
• \\, i !! \ \� \q ,• • J 1 t ��\ t 4\.• -, ` um n red found x i. seconds West•memnoe or I26.00 feet to.14
• Inch.o .mimue .l.mped/tl01:
\ I \ ` P n.corner:
minute.48 second.West•
Dupe:a ....ace of Ids eo net m
\ \"\ •� ,� '..t r•I ..5 .i ' .`7' south eo d.9...•o mm ...o0a•tmuo.•am or.ad m 1.t.:•%
Inch Iron
od
\\ \ \ \\'" '-'a' ./ fir"'1'." �'"`h`. t'b.`p .k%, 1.:o �� \�,\.. THENCE Norrth 89udegrees 27 t ul..19...o. Weer.a ma ym
f Ise..Barnes aµ to•11 Inel,Iron line
.corner
!� •' ` \ \ \ - -Imo'- - - ~\ - ' `\.\ TifeNtl N.ue 0 ogre..f mvalenu un...al.son(n��.amNn.of ad
1 1 \ 1•� ` r ' f r / � 4` " , ,\�, _ \ ewm:tea .al .nm of']2.00lrul b We POIM OT HHGINNNG enUvmd
., , w a 1 \ 'y Iw \t \ ..v
\ • ` ) - 11 - • \��¢ t \ \\\ \\ T.do on�e ground gep.ed under Pz T.623.21.do.not reflect N.result.or
` •`\ \` =- I p 4. I ••\ \ ;- AS property tho.e rt9nt ot on m etn,an,implies o u t or bushes y re h i ' '�' {�{•' \ • . cr O9ur.Uon of the u. r,of the Political•bd1.14m for w,v
11 �t Il. P P red.
.fir\� � 1 • ! \. '. 1. I4',41-r '-,DC1. �.: ` \ t
$ -T- F-RE R.OJsfREEw --------`--;_j j_` / -- 1 ,(
'�\
1 \�. t,,
I / - / /! / J f ,, EXHIBIT„A,.
-' ' ANNEXATION EXHIBIT
� FOR
,.: J %( WHITLEY PLACE
I 1 A PLANNED DEVELOPMENT ON 1.936 ACRES
- - . IN THE LARKIN MCCARTY SURVEY,ABSTRACT NO.800
•
,1 i •- ' COLLIN COUNTY,TEXAS
TtrO P.NIIITT-ZOUARS.NC. APPUCART OWNER PREPARED or
4(j\111 . Ek91a� CC JOINT VENTURES,LTD. JAMES BARNES HUI I I L1JUARS
19290 Ow..M.. .9.I.P.W.abet •
I.4 TdrfT Yen TO Sono 107
‹ ,. 04., 11.4.4.11...1.41....w .9 0 .,Te e a,e.TSH. oT..e.73147 r .S.9m 9.2.ra..PdA.
db BLl'I AR(972)9d1-nn P..(972)391-e970 pest (nq 971-331. F.(nq 971-913
2006-2007 Annexation Schedule
tali
Annexation :: Format Notices Posted on
Annexati n�:<Petition .[>'::>:::< .... .::. . Annexation
Letters to:.>::::::Ac+c.- Ice:of:: News :a r;Deadline u#ebs�te and s.P�labl�c 2nd tiillc
anc� soc�ated ; . Y..... Ort1��lance
SServic Annexation fo 1st& 2nd''Public' Pulbhshed in Hearing by" learing:`by
hla rF 1S>S4.°1"l 4d # i i n b Hearing Notices at N prfor 1st Town Council Town Council considered by
t�rovtders et t o y y ewspa
toTorl�n Secretary and other Town Council 3:OOpm and 2nd Public at 7:OOpm at 7:DOpm •Town.Council
by 12 00pr at 7 0Opm
mandatory at 7;OOpm Hean lgs ... ....................................
emits :
Monday Friday (2nd) Tuesday Monday Thursday (2nd) Tuesday (4th) Tuesday (2nd) Tuesday
12/27/2005 (Tuesday) 1/6/2006 1/10/2006 1/23/2006 1/26/2006 2/14/2006 2/28/2006 3/14/2006
1/30/2006 2/10/2006 2/14/2006 2/27/2006 3/2/2006 3/14/2006 3/28/2006 4/11/2006
2/27/2006 3/10/2006 3/14/2006 3/27/2006 3/30/2006 4/11/2006 4/25/2006 5/9/2006
3/27/2006 4/7/2006 4/11/2006 4/24/2006 4/27/2006 5/9/2006 5/23/2006 6/13/2006
4/24/2006 5/5/2006 5/9/2006 5/22/2006 5/25/2006 6/13/2006 6/27/2006 7/11/2006
5/30/2006 (Tuesday) 6/9/2006 6/13/2006 6/26/2006 6/29/2006 7/11/2006 7/25/2006 8/8/2006
6/26/2006 7/7/2006 7/11/2006 7/24/2006 7/27/2006 8/8/2006 8/22/2006 9/12/2006
7/24/2006 8/4/2006 8/8/2006 8/21/2006 8/24/2006 9/12/2006 9/26/2006 10/10/2006
8/28/2006 9/8/2006 9/12/2006 9/25/2006 9/28/2006 10/10/2006 10/24/2006 11/14/2006
9/25/2006 10/6/2006 10/10/2006 10/23/2006 10/26/2006 11/14/2006 11/28/2006 12/12/2006
10/30/2006 11/3/2006 11/14/2006 11/15/2006 (Wednesday) 11/17/2006 (Friday) 11/28/2006 (4th) 12/12/2006 (2nd) 1/9/2007
11/27/2006 12/8/2006 12/12/2006 12/22/2006 (Friday) 12/28/2006 1/9/2007 1/23/2007 2/13/2007
12/26/2006 (Tuesday) 1/5/2007 1/9/2007 1/22/2007 1/25/2007 2/13/2007 2/27/2007 3/13/2007
NOTE: Should the Town Council change any of their meeting dates or the DMN change their publication deadlines, dates are subject to change.
Last updated: 8/29/2006 1:24 PM Page 1
ANNEXATION CHECKLIST
PROVIDE COMPLETED CHECKLIST SIGNED BY PREPARER WITH APPLICATION
An application petition and a$250.00 application fee shall be accompanied by the following materials:
o A legal description (metes and bounds) of the property to be annexed on 8 %" x 11" paper titled as "Exhibit A" and
sealed and signed by a surveyor.
o Three 24"x 36", three 11"x 17", and three 8'/z"x 11"copies of an annexation exhibit(Exhibit A)containing the following
information:
• Title block located in lower right corner (titled as Exhibit A) with subdivision name or survey name and abstract
number,tract number, acreage, and preparation date
• Names,addresses,and phone numbers of owner,applicant, and surveyor
• The legal description (metes and bounds) of the area within the annexation request shall be inlcuded on the
annexation exhibit and sealed and signed by a surveyor.
• North arrow,scale, and location/vicinity map
• Property boundary and dimensions
• Adjacent streets with names
• Distance to nearest cross street
Preparer's Signatu
�/
//TT- c W.[.IJRS,
pEC OVEN.
AUG 28 IteJ
TOWN OF PROSPER
TOWN SECRETARY'S OFFICE
18
EXHIBIT"A"
LAND DESCRIPTION
BEING a tract of land situated in the Larkin McCarty Survey,Abstract No. 600,Collin County,
Texas and being all of a tract of land described in instrument to James Barnes as recorded in
Volume 5199,Page 349 of the Deed Records, Collin County, Texas and being more particularly
described as follows;
BEGINNING at a '/2 inch iron rod found with cap at the northwest corner of said Barnes tract;
THENCE North 89 degrees 43 minutes 09 seconds East, along the north line of said Barnes tract,
a distance of 220.00 feet to a'/2 inch iron rod found with cap stamped#4701 at the northeast
corner of said Barnes tract;
THENCE along the easterly lines of said Barnes tract,the following;
South 07 degrees 38 minutes 31 seconds West a distance of 126.00 feet to a %2 inch iron
rod found with cap stamped#4701;
South 26 degrees 29 minutes 46 seconds West a distance of 153.50 feet to a point for
corner;
South 00 degrees 20 minutes 15 seconds East a distance of 272.00 feet to a'/2 inch iron
rod found with cap at the southeast corner of said Barnes tract;
THENCE North 89 degrees 27 minutes 19 seconds West, along the southerly line of said Barnes
tract, a distance of 128.99 feet to a'/2 inch iron rod found with cap at the southwest corner of said
Barnes tract;
THENCE North 00 degrees 47 minutes 41 seconds West, along the west line of said Barnes tract,
a distance of 532.00 feet to the POINT OF BEGINNING and containing 1.94 acres of land, more
or less.
This document was prepared under 22 TAC 663.21, does not reflect the results of an on the
ground survey, and is not to be used to convey or establish interests in real property except those
rights and interests implied or established by the creation or reconfiguration of the boundary of
the political subdivision for which it was prepared.
For Huitt-Zollars,Inc.
•
OF '
Co-3‘.40 STE17,4.6::::%1'
Eric J. Yahoudy *; estit
Registered Professional Land Surveyor
Texas Registration No. 4862 ERIC JOHN YAHOUDY
Huitt-Zollars, Inc. :.. 4862 a
•
3131 McKinney Ave. e°•�4FESS,psP�oQ-
SUF1� ;
Suite 600 ���° .............
Dallas, Texas 75204
Tele. 214-871-3311
Date: August 28, 2006
J:\survey\3552112\wp\Ba rnes.doc
tit AIABS
HUITI-ZOLLARS,INC. • 3131 McKinney Ave. • Suite 600 • Dallas,TX 75204-2489 • 214.871.3311 phone • 214 871.0757 fax • huitt-zollars.com
Letter of Transmittal
Date: Project File No: Reimbursable Job No:
01-3521-08 01-3521-10
ATTENTION: Matthew Denton, Town Secretary
PROJECT NAME: Whitley Place Church Tract
TO: Town of Prosper
121 West Broadway
Prosper, Texas 75058
PHONE NO. 972-346-2640 VIA: ® Courier ❑ Mail [' Overnight
WE ARE SENDING YOU: ❑ Attached ❑ U• nder a separate cover
❑ Shop Drawings ❑ Prints ❑ Plans ❑ Specifications
❑ Copy of letter ❑ Change Order ❑ S• amples ❑
Copies Date Item No. Description
1 8/28/06 1 Annexation Checklist
1 8/28/06 2 Annexation Petition
1 8/23/06 3 CC Joint Ventures, Ltd. Check# 1014 -Application Fee
3 8/28/06 4 Full Size Bonds Exhibit A Annexation Exhibit
3 8/28/06 5 11 X 17 Bonds Exhibit A Annexation Exhibit
3 8/28/06 6 8 '%X 11 Bonds Exhibit A Annexation Exhibit
THESE ARE BEING TRANSMITTED as checked below:
® For approval ❑ Approved as submitted ❑ Resubmit copies for approval
❑ For your use ❑ Approved as noted ❑ Submit copies for distribution
❑ As requested ❑ Returned for corrections ❑ Return corrected prints
❑ For review and comment ❑
❑ FOR BIDS DUE 20 ❑ PRINTS RETURNED AFTER LOAN TO US
REMARKS:
COPY TO: Dale Clark
Tom Clark
SIGNED BY: Darlene Fannon for Greg Crews/
hunt-zollars,com • ARIZONA • CALIFORNIA • C LORA O • NEW MEXiC0 • • WASHINGTON