06-129- O TOWN OF PROSPER, TEXAS ORDINANCE NO. 06-129
AN ORDINANCE PROVIDING FOR THE VOLUNTARY ANNEXATION OF A TRACT
OF LAND SITUATED IN THE JEREMIAH HORN SURVEY, ABSTRACT NO. 411,
COLLIN COUNTY, TEXAS, CONTAINING APPROXIMATELY 67.728 ACRES OF
LAND, AND BEING MORE GENERALLY LOCATED APPROXIMATELY 1,700±
FEET SOUTH OF FIRST STREET (CR 79) AND APPROXIMATELY 3,700± FEET
WEST OF CUSTER ROAD (FM 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 67.728 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
WEEREAS, 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 (20`h) 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 12TH DAY OF DECEMBER, 2006.
CHARL NISW ER, MAYOR
ATTESTED TO AND
CORRECT Y RECORDED BY: 0111i1iiiiii
ATTHEW D. DENTON, TOWN SECRETARY *' *
Ow ft>
Page 3
TOWN OF PROSPER,TEXAS
SERVICE PLAN FOR ANNEXED AREA
ANNEXATION ORDINANCE: NO. 06-129
DATE OF ANNEXATION ORDINANCE: December 12,2006
ACREAGE ANNEXED: Approximately 67.728 acres
SURVEY,ABSTRACT& COUNTY: Jeremiah Horn Survey,Abstract 411
CURRENT PROPERTY OWNER: Landplan Development
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 EFFF"ECTIVE 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 '/) 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 D1FFERENTCHARACTERISTICS
OF TOPOGRAPHY, LAND USE AND POPULATION DENSITY ARE CONSIDERED A SUFFICIENT
BASIS FOR PROVIDING DIFFERENT LEVELS OF SERVICE.
4. THE SERVICE PLAN IS VALID FOR TEN (10) YEARS FROM THE EFFECTIVE DATE OF THE
ORDINANCE.
EXHIBIT A
N /I �I I / I I I rrdd flees Dmaptian
` -J / //I, I erki A(<ANe 86-ODJ068D
,,,
�___�_____�_____�_ / / . 'Ibr ' m (DRLCI) BOND a 67726 acre text or land rWated n the Pe*Man Berney,A.m.Nunn.all.
Bien H.W WIb County.W.and bang the cane 67.721 dare tract or land deserted by deed to Landon
Owes Ne New DB-DO696T/ I 1 cos..a worded b prkl No Na 91-DOSDIM a the Deep Records al Lmb LamfY Taos
�biem SasD<i I (DMYr) \ - (ORLL12 crud beep more aortiWay deserted as W.c
velum J66.Pepe 5005
e(DRLYT) i BEf M..D ae a t/2 ear rod.ant hound far the mu..comer of said 67.721 awe toner of lard
% being located a the a or sold Jew.Han Surtax
s m j \ x •mil 1 / •/ ��i1•^ '.�/�i�� S li_411/ A. ,S1"E �r - -� THENCE danq the eat INe of said J+rnbn Nam Sway m Wow
\ .x ^�--- �' �.^ / .:.:c.••as %if• p Noe.DDoe•51' sr d deem«e1 1.ns.Br feet to d r/z.an fee ra ne m-sand:
?r� — t�w.rp -r - NORTH oc2rzs-PEST a...to of 50..46 feet to a 5/6 bun M red set b Me northwest
(/ ..d�� / 5 , � \ ��� J -yn coma eI said 6he see bast oI rang r
I se.� Ha we ps MENCE b9 the+w It.e of said Jeremiah Nan w and following M<north lane a sou
e.sr F .t 6).JTt tract of ma m Wow
411P11 )IC .......... Y rs mr.M1 NQPTH B9'SI'23"EAST a W}tad eI I.30025 feet lea 5/8 NN iron red set Ice wet
S.I / // �� �` IT HOP.6658'51"EAST a Warm e1 12262 bet to a 1/2 tar rod found b the northeast
/a / <` \� �'W'-1'\i\ come or sand 67727 we Dal of ben
IIIIIIIIIIIII, _ / \ e IHENGE Meng the east Me of soil 67721 me tract of as follow
% / few mmue
aw.ti x�.'smfrmro r1 t_\1 t // / ��o- SOLI.(AZY10"EAST a ds mres of 42759 bet to a 5/6 inch M,red set Ice comer:
mum nes
IMF I+ / �w�e�D ors. - _ SOLI.OP53YY EAST a Wow o1 267.31 bet to a 7/2 von and bond for mum:aoutnwsl
O�~ I
M a SDUM BF18.16"VtST a psemw of 16JT bet to a 1/2 tan rod found b comer:
LOC toe
rM....+s w r Y SgIM OOVI'11"EAST a dstanw of mu feat to a I/2 Pon rap land re to
> ,�T %/� ' �� I dawns of said BJJ21 ow war or Iona
/ / r/r s'-'- _' RIENQ abq the saga ere o/said 67.721 acre tact or kW SW.68•arJ2"PEST a datanne- __ tan..n r 1 ro ore vomr a E¢rmamiG
/ _ \l\ \ q4� GOUTS..rM Mew meta and Dane 6J.J26 aces w 2650220 were feet of land mare
, __=c •
_c m m a Me v Land Su dare.In�32 t 1 2006 one
� 9 surrey prepared by A.J. �I.
•
/ ')LL` $ £`r� aimed by Austin 1 Bedford.RyafsW Fnl.nland Lath Surw,v Nn 13T,to reference
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/ ) /�/�. J J _-' _ `\ ��.�—\ aaaaa We of Tama,Inc are Essf American nn.awe Gomm.
S /J ~� \��/ "c__= / eye certify that tes Mar the 2mka of sway and s.2D06,Ma saaey as mode edam
i `/ l I ` w Me.t.«v Peer.0e Inc m.,laaeix and Ian.of correct
angs t,0 05w.Mere..omen.
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s .uxmx J.GLUON ,,,((( a of wk..,an sicetad.ey and r o a.f
Meeliatest TIde...Wet et oramee I unease,.
YJE Reset ID ) • 'a7 'AORLT - affecting Me subject padre,.
QerA'<.nawy-a,6aos ? _ CLERKS( roMDm-0O66e`a a_
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5 :1 w m.or NW br and v.!.Once w there.nor an the also[ x a7d et ore
67.728 ACRES d.re ry,• $ acts a aetmsma
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�"° ' 75043EXHIBIT A
Volume uD6 Page sa
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EXHIBIT A
Field Note Description _
BEING a 67.728 acre tract of land situated in the Jeremiah Horn Survey, Abstract Number 411,
Collin County, Texas and being the same 67.721 acre tract of land described by deed to Landon
J. Cullum as recorded in Clerk's file No. 94-0069444 of the Deed Records of Collin County Texas
(DRCCT) and being more particularly described as follows:
BEGINNING at a 1/2 iron rod found for the southwest corner of said 67.721 acre tract of land
and being located in the west line of said Jeremiah Horn Survey,
THENCE along the west line of said Jeremiah Horn Survey as follows:
NORTH 00'08'54" WEST a distance of 1,755.81 feet to a 1/2 iron rod found for corner;
NORTH 0027'35" WEST a distance of 50.45 feet to a 5/8 inch iron rod set for the northwest
corner of said 67.721 acre tract of land;
THENCE departing the west line of said Jeremiah Horn Survey and following the north line of said
67.721 acre tract of land as follows:
NORTH 89'34'25" EAST a distance of 1,315.35 feet to a 5/8 inch iron rod set for corner;
NORTH 88'58'51" EAST a distance of 422.52 feet to a 1/2 iron rod found for the northeast
corner of said 67.721 acre tract of land;
THENCE along the east line of said 67.721 acre tract of as follows:
SOUTH 00'27'10" EAST a distance of 427.59 feet to a 5/8 inch iron rod set for corner;
SOUTH 0055'17" EAST a distance of 613.60 feet to a 1/2 Iron rod found for corner;
SOUTH 88'48'46" WEST a distance of 267.31 feet to a 1/2 iron rod found for corner;
SOUTH 00'02'14" EAST a distance of 772.33 feet to a 1/2 iron rod found for the southeast
corner of said 67.721 acre tract of land;
THENCE along the south line of said 67.721 acre tract of land, SOUTH 89'47'32" WEST a distance
of 1,479.31 feet to the POINT OF BEGINNING;
CONTAINING with these metes and bounds 67.728 acres or 2,950,220 square feet of land more
or less all according to the survey prepared by A.J. Bedford Group, Inc., dated August, 2006 and
signed by Austin J, Bedford, Registered Professional Land Surveyor No. 4132; to which reference
for all purposes is hereby made.
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 Dallas Morning News—Collin County Edition on:
1 o ices : otices
Legal Notices ) ( Legal Notices October 23, 2006
TOWN OF PROSPER TEXAS
NOTICE OF PUBLIC HEARINGS
ON ANNEXATION
Notice is hereby given that public hearings will be
Teld b the Governing Body of the Town of Prosper,0
Texas,mer in the Folsom, t Elementary Cafeteria,ome
Somerville Drive, at 6:00 p.m., on November 14,of
2006, and November 28, 2006, for the purpose of
//'
considering the annexation of the following de-
scribed properties:
•
WILLIAM BUTLER SURVEY, ABSTRACT NO. (Lynda Black)
112, COLLIN COUNTY, TEXAS, CONTAINING
APPROXIMATELY 4.4724 ACRES OF LAND
AND BEING MORE GENERALLY LOCATED
SOUTH OF PROSPER TRAIL(CR 81)AND WEST
/ OF COIT ROAD (CR 80)
JEREMIAH HORN SURVEY, ABSTRACT NO.
411, COLLIN COUNTY, TEXAS, CONTAINING
■ APPROXIMATELY 67.728 ACRES OF LAND
AND BEING MORE GENERALLY LOCATED AP-
PROXIMATELY 1,700t FEET SOUTH OF FIRST ne this October 23, 2006, A.D
3STREET(CR 79)AND APPROXIMATELY 3,700t
)n FEET WEST OF CUSTER ROAD (FM 2478)
COLLIN COUNTY SCHOOL LAND SURVEY,AB-
slab/ STRACT NO. 147, COLLIN COUNTY, TEXAS,
BBB CONTAINING APPROXIMATELY 201.55 ACRES
1700 OF LAND AND BEING A PORTION OR ALL OF
LOTS 7, 8,9, AND 10, BLOCK 12, AND BEING % -
•
MORE GENERALLY LOCATED SOUTH OF
FRONTIER PARKWAY (CR 5) AND APPROXI-
MATELY 1,300t WEST OF DALLAS PARKWAY f�
(CR 49)
'S All interested citizens and property owners are
VC. (Lisa Batt geld)
hereby notified of their right to appear and be heard
Re-
;lump on the matter.
Free Matthew D. Denton,Town Secretary
)733 Town of Prosper, Texas
a
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: xHfScr A"
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. 67 Prosper L.P.,a Texas li 'ted partnership
By: Brookh• i w Lan. . agement, L.L.C.,a Texas
limite. i. ,il' , •: •:ny,Its General Partner
THE STATE 0 T S By: 4
COUNTY OF Ji ' liams, I,President
Before me,the undersigned authority,on this day personall -•peered kt,`t �k-Vt� �K st' n to m to be the
person whose name is subscribed to the foregoing instrument and acknowledged to me that he or she execut d the same for
the purposes and consideration therein expressed. l ��
Given under my hand and seal of office,this " '/ day of ,20.�0 � � L`k'
stir�w f
•
(SEAL) (.0 c C.
N ry Public in and for the State of Texas
My wn Council expires:
,;Th°� HEATHER CHIMARYS
V Notary Public
:� r`•; State of Texas
"40,sb+. COMM, Expires 03-26-2008 .
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
EXHIBIT A
Field Note 0escription
BEING a 67.728 acre tract of land situated in the Jeremiah Horn Survey, Abstract Number 411,
Collin County, Texas and being the same 67.721 acre tract of land described by deed to Landon
J. Cullum as recorded in Clerk's file No. 94-0069444 of the Deed Records of Collin County Texas
( RCCT) and being more particularly described as follows:
BEGINNING at a 1/2 Iron rod found for the southwest corner of said 67.721 acre tract of land
and being located in the west line of said Jeremiah Horn Survey,
THENCE along the west line of said Jeremiah Horn Survey as follows:
NORTH 00'08'54" WEST a distance of 1,755.81 feet to a 1/2 iron rod found for corner;
NORTH 0027'35" WEST a distance of 50.45 feet to a 5/8 inch iron rod set for the northwest
corner of said 67.721 acre tract of land;
THENCE deporting the west line of said Jeremiah Horn Survey and following the north line of said
67.721 acre tract of land as follows:
NORTH 8934'25" EAST a distance of 1,315.35 feet to a 5/8 inch iron rod set for corner;
NORTH 8858'51" EAST a distance of 422.52 feet to a 1/2 iron rod found for the northeast
corner of said 67.721 acre tract of land;
THENCE along the east line of said 67.721 acre tract of as follows:
SOUTH 00'27'10" EAST a distance of 427.59 feet to a 5/8 Inch Iron rod set for corner;
SOUTH 0055'17'. EAST a distance of 613.60 feet to a 1/2 iron rod found for corner;
SOUTH 88'48'46" WEST a distance of 267.31 feet to a 1/2 iron rod found for corner;
SOUTH 00'02'14" EAST a distance of 772.33 feet to a 1/2 iron rad found for the southeast
corner of said 67.721 acre tract of land;
THENCE along the south line of said 67.721 acre tract of land, SOUTH 89'47'32" WEST a distance
of 1,479.31 feet to the POINT OF BEGINNING;
CONTAINING with these metes and bounds 67.728 acres or 2,950,220 square feet of Iond more
or less all according to the survey prepared by A.J. Bedford Group, inc., dated August, 2006 and
signed by Austin J. Bedford, Registered Professional Land Surveyor No. 4132; to which reference
for all purposes is hereby made.
ANNEXATION CHECKLIST
PROVIDE COMPLETED CHECKLIST SIGNED BY PREPARER WITH APPLICATION
An application petition and a$250.00 application fee shall be accompanied by the following materials:
o A legal description (metes and bounds) of the property to be annexed on 8 ''/2" x 11" paper titled as "Exhibit A" and
sealed and signed by a surveyor.
o Three 24"x 36", three 11"x 17", and three 8''A"x 11"copies of an annexation exhibit(Exhibit A)containing the following
information:
• Title block located in lower right corner (titled as Exhibit A) with subdivision name or survey name and abstract
number,tract number,acreage,and preparation date
• Names, addresses,and phone numbers of owner, applicant, and surveyor
• The legal description (metes and bounds) of the area within the annexation request shall be inlcuded on the
annexation exhibit and sealed and signed by a surveyor.
• North arrow,scale, and location/vicinity map
• Property boundary and dimensions
• Adjacent streets with names
• Distance to nearest cr r
Preparer's Signature
18
2006-2007 Annexation Schedule
. ;:... . Mail >:> ; ::>::::;::::>::::>:::: .:.::::>::::>::>::>::>>::>:::
Annexation Formal Notices Posted on ''''''''
Annexation Petition :>::: :> Annexation
L.etters.to Acceptance of Newspaper Deadline Website and 1st Public 2nd Public
LEttl Associated y ::> : - Ordinance
Service Annexation for lst$ 2nd Public Published in Hearing by Heating by
Materials submitted considered by
Providers Petition by Hearing Notices at Newspaperfor 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.O0pm 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 z 9/8/2006 9/12/2006 / 9/25/2006 9/28/2006 10/10/2006 10/24/2006 11/14/2006
9/25/2006 V 10/6/2006/ 10/10/2006V 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: 10/3/2006 11:38 AM Page 1