06-125 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 06-125
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 17.34 ACRES OF LAND, AND
BEING MORE GENERALLY LOCATED WEST OF CUSTER ROAD (CR 2478), 175±
FEET NORTH OF EAST FIRST STREET (CR 79) 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
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
Page 1
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.
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
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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:
F P
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ATTHEW D. ENTON, TOWN SECRETARY 0' ��
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Page 3
TOWN OF PROSPER,TEXAS
SERVICE PLAN FOR ANNEXED AREA
ANNEXATION ORDINANCE: NO. 06-125
DATE OF ANNEXATION ORDINANCE: November 28,2006
ACREAGE ANNEXED: Approximately 17.34 acres
SURVEY,ABSTRACT& COUNTY: Larkin McCarty Survey,Abstract 600,Collin County
CURRENT PROPERTY OWNER: CC Joint Ventures
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 EF'F'ECTIVE DATE OF THE ANNEXATION ORDINANCE. UNLESS A
STREET WITHIN THIS PROPERTY HAS BEEN
CONSTRUCTED OR IS IMPROVED TO THE TOWN'S STANDARDS AND SPECIFICATIONS,
THAT STREET WILL NOT BE MAINTAINED BY THE TOWN OF PROSPER.
2. AS DEVELOPMENT,IMPROVEMENT OR CONSTRUCTION OF STREETS TO TOWN
STANDARDS COMMENCE WITHIN THIS PROPERTY,THE POLICIES OF THE TOWN OF PROSPER
WITH REGARD TO PARTICIPATION IN THE COSTS THEREOF, ACCEPTANCE UPON
COMPLETION,AND MAINTENANCE AFTER COMPLETION, SHALL APPLY.
3. THE SAME LEVEL OF MAINTENANCE SHALL BE PROVIDED TO STREETS
WITHIN THIS PROPERTY WHICH HAVE BEEN ACCEPTED BY THE TOWN OF PROSPER AS IS
PROVIDED TO TOWN STREETS THROUGHOUT THE TOWN.
4. STREET LIGHTING INSTALLED ON STREETS IMPROVED TO TOWN STANDARDS
SHALL BE MAINTAINED BY THE EXISTING FRANCHISE IN ACCORDANCE WITH CURRENT
POLICIES.
H. WATER SERVICES
1. CONNECTION TO EXISTING TOWN WATER MAINS FOR WATER SERVICE FOR DOMESTIC,
COMMERCIAL, AND INDUSTRIAL USE WITHIN THIS PROPERTY WILL BE PROVIDED IN
ACCORDANCE WITH EXISTING TOWN POLICIES. UPON CONNECTION TO EXISTING MAINS,
WATER WILL BE PROVIDED AT RATES ESTABLISHED BY TOWN ORDINANCES FOR SUCH
SERVICE THROUGHOUT THE TOWN.
2. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS PROPERTY, WATER MAINS OF
THE TOWN WILL BE EXTENDED IN ACCORDANCE WITH PROVISIONS OF THE SUBDIVISION
ORDINANCE AND OTHER APPLICABLE ORDINANCES AND REGULATIONS. TOWN
PARTICIPATION IN THE COSTS OF THESE EXTENSIONS SHALL BE IN ACCORDANCE WITH THE
APPLICABLE TOWN ORDINANCES AND REGULATIONS. SUCH EXTENSIONS WILL BE
COMMENCED WITHIN TWO AND ONE-HALF (2 '/) YEARS FROM THE DATE OF ADOPTION OF
THE ANNEXATION ORDINANCE, OR UPON COMMENCEMENT OF DEVELOPMENT OF A
SUBDIVISION WITHIN THIS PROPERTY, WHICHEVER OCCURS LATER.
3. WATER MAINS INSTALLED OR IMPROVED TO TOWN STANDARDS WHICH ARE WITHIN THE
ANNEXED AREA AND ARE WITHIN DEDICATED EASEMENTS SHALL BE MAINTAINED BY THE
TOWN OF PROSPER BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION
ORDINANCE.
4. THEIR OWNERS,IN ACCORDANCE WITH EXISTING POLICIES APPLICABLE THROUGHOUT THE
TOWN, SHALL MAINTAIN PRIVATE WATER LINES WITHIN THIS PROPERTY.
L SANITARY SEWER SERVICES
1. CONNECTIONS TO EXISTING TOWN SANITARY SEWER MAINS FOR SANITARY SEWAGE
SERVICE IN THIS AREA WILL BE PROVIDED IN ACCORDANCE WITH EXISTING TOWN
POLICIES. UPON CONNECTION, SANITARY SEWAGE SERVICE WILL BE PROVIDED AT RATES
ESTABLISHED BY TOWN ORDINANCES FOR SUCH SERVICE THROUGHOUT THE TOWN.
2. SANITARY SEWAGE MAINS AND/OR LIFT STATIONS INSTALLED OR IMPROVED TO TOWN
STANDARDS, LOCATED IN APPROVED DEDICATED EASEMENTS, AND WHICH ARE WITHIN
THE ANNEXED AREA AND ARE CONNECTED TO TOWN MAINS WILL BE MAINTAINED BY THE
TOWN BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. PRIVATE
SEWER LINES SHALL BE MAINTAINED BY THE OWNERS THEREOF IN ACCORDANCE WITH
EXISTING TOWN POLICIES,PRACTICES AND REGULATIONS.
3. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS AREA, SANITARY SEWER
MAINS OF THE TOWN WILL BE EXTENDED IN ACCORDANCE WITH PROVISIONS OF THE
SUBDIVISION ORDINANCE AND OTHER APPLICABLE TOWN ORDINANCES AND
REGULATIONS. TOWN PARTICIPATION IN THE COSTS OF THE EXTENSIONS SHALL BE IN
ACCORDANCE WITH APPLICABLE TOWN ORDINANCES AND REGULATIONS. SUCH
EXTENSIONS WILL BE COMMENCED WITHIN TWO AND ONE-HALF (2 1/2) YEARS FROM THE
EFFECTIVE DATE OF THE ANNEXATION ORDINANCE, UNLESS THE SERVICES CANNOT BE
REASONABLY PROVIDED IN THAT PERIOD, THEN TOWN SHALL PROPOSE A SERVICE
SCHEDULE TO PROVIDE FOR THE PROVISION OF THE SERVICES WITHIN FOUR AND ONE-
HALF(4-1/2)YEARS AFTER THAT DATE.
J. MISCELLANEOUS
1. ANY FACILITY OR BUILDING LOCATED WITHIN THE ANNEXED AREA AND 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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IN THE LARKIN McCARTY SURVEY,ABSTRACT NO.600
OF COLLIN COUNTY,TEXAS
for HUITT-ZOLLARS.INC. • ;^' 'p7 !1,. APPLICANT: PREPARED BY:: '�'y ��
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EXHIBIT"A"
LAND DESCRIPTION
BEING a 17.34 acre tract of land situated in the Larkin McCarty Survey, Abstract
Number 600, Collin County, Texas, and being the remainder of a 22.36 acre tract of land
described in Special Warranty Deed to Grace Presbytery as recorded in County Clerk's
File No. 92-0025785 of the Deed Records Collin County, Texas (D.R.C.C.T.) excepting a
5.02 acre tract of land described in Special Warranty Deed to Walnut Grove Cemetery
Association as recorded in County Clerk's File No. 95-0006878 (D.R.C.C.T.) and being
more particularly described as follows;
BEGINNING at a '/2 inch iron rod found with#4701 cap at the most easterly northeast
corner of said Walnut Grove Cemetery Association tract, said point being on the westerly
right-of-way line of FM 2478 and being the northerly line of a 30 foot access easement
described in instrument recorded in County Clerk's File No. 95-0006878 (D.R.C.C.T.)
from which a '/2 inch iron rod found with cap bears South 00 degrees 10 minutes 21
seconds West a distance of 30.06 feet;
THENCE departing the westerly right-of-way line of FM 2478, and along the northerly
line of said Walnut Grove Cemetery Association tract and 30 foot access easement, the
following;
North 88 degrees 42 minutes 45 seconds West a distance of 262.09 feet to a Y2 inch iron
rod found with#4701 cap;
North 84 degrees 01 minutes 02 seconds West a distance of 79.10 feet to a %2 inch iron
rod found with#4701 cap;
North 63 degrees 57 minutes 48 seconds West a distance of 45.82 feet to a `/2 inch iron
rod found with#4701 cap;
North 58 degrees 47 minutes 39 seconds West a distance of 173.80 feet to a %2 inch iron
rod found with#4701 cap;
North 59 degrees 26 minutes 58 seconds West a distance of 221.64 feet to a '/2 inch iron
rod found with#4701 cap;
North 60 degrees 51 minutes 19 seconds West a distance of 112.69 feet to a '/2 inch iron
rod found with#4701 cap;
North 63 degrees 52 minutes 04 seconds West a distance of 199.25 feet to a '/2 inch iron
rod found with#4701 cap;
Page 1 of 3
J:\Survey\3552\08\wp\LAND DESCRIPTION.doc
North 21 degrees 13 minutes 27 seconds West a distance of 25.86 feet to a %2 inch iron
rod found with#4701 cap;
North 04 degrees 52 minutes 05 seconds West a distance of 33.75 feet to a '/2 inch iron
rod found with#4701 cap;
North 04 degrees 18 minutes 17 seconds East a distance of 89.65 feet to a point for
corner;
North 00 degrees 02 minutes 07 seconds West a distance of 231.82 feet to a 1/2 inch iron
rod found with#4701 cap;
South 89 degrees 01 minutes 47 seconds West passing at 29.66 feet a i/2 inch iron rod
found with cap at the most northerly northwest corner of said 30 foot access easement
and continuing in all a distance of 271.39 feet to a %2 inch iron rod found with#4701 cap,
said point being the most westerly northwest corner of said Walnut Grove Cemetery
Association tract, from which a V2 inch iron rod with cap found at the most northerly
southwest corner of said Walnut Grove Cemetery Association tract bears South 00
degrees 55 minutes 20 seconds East a distance of 367.24 feet;
THENCE departing the northerly line of said Walnut Grove Cemetery Association tract,
North 00 degrees 55 minutes 20 seconds West, along the westerly line of said Grace
Presbytery tract, passing at 880.28 feet a %2 inch iron rod found, 0.49 feet west of line and
passing at 908.36 feet a 100d nail found and continuing in all a distance of 1009.16 feet
to a point for corner in the approximate centerline of Wilson Creek;
THENCE along the approximate centerline of Wilson Creek the following;
South 41 degrees 10 minutes 36 seconds East a distance of 108.68 feet to a point for
corner;
South 40 degrees 52 minutes 48 seconds East a distance of 299.34 feet to a point for
corner;
South 46 degrees 04 minutes 18 seconds East a distance of 477.40 feet to a point for
corner;
South 07 degrees 39 minutes 12 seconds East a distance of 315.16 feet to a point for
corner;
South 27 degrees 48 minutes 36 seconds West a distance of 186.60 feet to a point for
corner;
South 02 degrees 06 minutes 12 seconds West a distance of 107.05 feet to a point for
corner;
Page 2 of 3
J:\Survey\3552\08\wp\LAND DESCRIPTION.doc
r
South 70 degrees 02 minutes 24 seconds East a distance of 252.99 feet to a point for
corner;
South 52 degrees 48 minutes 48 seconds East a distance of 243.58 feet to a point for
corner;
South 73 degrees 07 minutes 06 seconds East a distance of 311.88 feet to a point for
corner at the intersection of the approximate centerline of Wilson Creek and the westerly
right-of-way line of FM 2478;
THENCE South 00 degrees 10 minutes 21 seconds West, along the westerly right-of-
way line of FM 2478 a distance of 215.13 feet to the POINT OF BEGINNING and
containing 17.34 acres of land, more or less.
For Huitt-Zollars, Inc.
tic)Ca
Eric J. ahoudy
Registered Professional Land Surveyor Is:OF r4"
�q�sseo®oa`
•
Texas Registration No. 4862 co. tic tsTFRFo°.(s;
Huitt-Zollars, Inc. * e '
3131 McKinneyAve. •RIC•JOHN YAHOIJOOOO •oe.°
ERIC JOHN YAHOUDY
Suite 600 4':`.•..O OOOOOOOOOOO 040004000.
Dallas, Texas 75204 ';° 4862 tea°
Tele. 214-871-3311 '�'� ®:;ES590 _t®
Date: August 28,2006 S WIN
Page 3 of 3
J:\Survey\3552\08\wp\LAND DESCRIPTION.doc
TS1E Co
w ao='- ?' COMPTROLLER OF PUBLIC ACCOUNTS
w e0> n�� P.O. BOX 13528
*" AS AUSTIN, TX 78711-3528
October 3, 2006
Mr. Matthew D. Denton
Town Secretary
City of Prosper
P. O. Box 307
121 W. Broadway
Prosper, Texas 75078
Dear Mr. Denton:
We have received annexation ordinance no. 06-94 and the map indicating the area to
be annexed into the City of Prosper.
The local sales and use tax will become effective January 1, 2006 in the area indicated
on the map.
Per your letter dated September 18th, 2006, the area being annexed was identified as
vacant land. Therefore, we assume this area has no businesses to be annexed at this
time. We have confirmed the following utility companies as servicing the newly annexed
area.
TXU Energy Retail Company
Denton County Electric Cooperative Inc.
Atmos Energy Corporation
Friendship Cable of Texas Inc.
If any of this information is incorrect or you have any questions, please contact me right
away. You can contact me toll free at 1-800-531-5441, extension 64317 or my direct
number is 512/936-4317
Sincerely,
.6))9iryl
Mark KasPar
Revenue Accounting Division
Tax Allocation Section
U.S. Postal Service. U.S. Postal Service,.,
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MEM
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oO Sent To Texas State Data Center o Sent To Texas Dept. of Transportation
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rinwiPI?nn Tcvac 7Ff17d ,_.__.aAl
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
Legal Notices ) C Legal Notices
TOWN OF PROSPER TEXAS
‘Ott I I11//, NOTICE OF PUBLIC HEARINGS
GATT 'fi, ON ANNEXATION
P F (Lis � e field)
�/ �j Notice is hereby given that public hearings will be
�(ARy�p'• !j held by the Governing Body of the Town of Prosper,
N (/ ( Texas, in the Folsom Elementary, 800 Somerville
�, �c• Q= Drive, at 6:00 p.m., on October 10, 2006, and 24,
2006,for the purpose of considering the annexation
• = of the following described properties:
1 LARKIN MCCARTY SURVEY, ABSTRACT NUM-
• BER 800, COLON COUNTY,TEXAS, CONTAIN-
ING APPROXIMATELY 17.34 ACRES OF LAND,
$ AND BEING MORE GENERALLY LOCATED
••i G •••. ..•.•• � WEST OF CUSTER ROAD(CR 2478),178t FEET
1, 2001 `\`�� NORTH OF EAST FIRST STREET(CR 79).
/ IN MCCARTY SURVEY, ABSTRACT NUM-
lif11111���` ERK800, COLLI COUNTY, TEXAS, CONTAIN-
ING APPROXIMATELY 1.94 ACRES OF LAND,
AND BEING MORE GENERALLY LOCATED ON
THE NORTH SIDE OF EAST FIRST STREET(CR
79), APPROXIMATELY 1,100t FEET WEST OF
CUSTER ROAD (CR 2478).
All interested citizens.,and property owners are
hereby notified of theirjtight to appear and be Ward
on the matter.
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 acknowled ed by each and every per on or corporation having an
interest in said land. CC, i L-tc`
Owner's igna ure#1
THE STATE OF TEXAS
COUNTY OF bo JIi s
Before me, the undersigned authority, on this day personally appeared bale- Gaxk 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.
rC
Given under my hand and seal of office,this 3_( day of LLTA_S+ , 200.0.
.6(-V-4A---
2otaa�P��, ANN FORLENZA Notary Public in a for the St of Texas
JL
*., NOTARY PUBLIC /
• y STATE OF TEXAS My Town Council expires: Y'" -Obi
,,, OF-6+__ My Comm.Exp.04-30-2008
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
HUI I ZOLLA S
HUITT-ZOLLARS,INC. • 3131 McKinney Ave. • Suite 600 • Dallas,TX 75204-2489 • 214.871.3311 phone • 214.871.0757 fax • huitl-zolara.tom
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 Stacy 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 ❑ Under a separate cover
❑ Shop Drawings ❑ Prints ❑ Plans ❑ Specifications
❑ Copy of letter ❑ Change Order ❑ Samples ❑
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# 1015 -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 'A 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/
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 1/2" 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'h"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
Preparers Signatur ,
C. E S
114(177--,Zeu-e- e3/,ZAC.
pCCCEOVE '
zg * .�
TOWN OF PROSPER
TOWN SECRETARY'S OFFICE
18
2006-2007 Annexation Schedule
Mail
Annexation Formal Notices Posted on
Annexation Petition Annexation
Letters to Acceptance of Newspaper Deadline Website and 1st Public 2nd Public
and Associated Ordinance
Service Annexation for 1St& 2nd Public Published in Hearing by Hearing by
Materials submitted considered by
Providers Petition'by Hearing Notices at Newspaper for 1st Town Council Town Council
to Town Secretary Town Council
and other Town Council 3:00pm and 2nd Public at 7:00pm at 7:00pm
by 12:00pm at 7:00pm
mandatory at 7:00pm Hearings
entities
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 ��%2q 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