06-130 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 06-130
AN ORDINANCE PROVIDING FOR THE VOLUNTARY ANNEXATION OF A TRACT
OF LAND SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY,
ABSTRACT 147, COLLIN COUNTY, TEXAS, CONTAINING APPROXIMATELY
201.55 ACRES OF LAND, AND BEING MORE GENERALLY LOCATED SOUTH OF
FRONTIER PARKWAY (CR 5) AND APPROXIMATELY 1,300± WEST OF DALLAS
PARKWAY (CR 49) 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 201.55 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.
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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.
CHARLE NISW R, MAYOR
ATTESTED TO AND
CORRECTLY RECORDED BY: ��`®F PRO�"e'
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Affi
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: THEW D. DENTON, TOWN SECRETARY F
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Page 3
TOWN OF PROSPER,TEXAS
SERVICE PLAN FOR ANNEXED AREA
ANNEXATION ORDINANCE: NO. 06-130
DATE OF ANNEXATION ORDINANCE: December 12,2006
ACREAGE ANNEXED: Approximately 201.55 acres
SURVEY,ABSTRACT& COUNTY: Collin County School Land Survey,Abstract 147
CURRENT PROPERTY OWNER: Myers Investment Holdings,LP
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 Al'1'ER 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 'A) 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 Al.1hR 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 EFT E,CTIVE 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 DIFFFRENTCHARACTERISTICS
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.
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
held by the Governing Body of the Town of Prosper,
Texas, in the Folsom Elementary Cafeteria, 800
Somerville Drive, at 6:00 p.m., on November 14,
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
STREET(CR ANDIn FEET WEST OF)UST RPPROXI ROADn(FM AT 24783)700tt
COLLIN COUNTY SCHOOL LAND SURVEY,AB-
slab/ STRACT NO. 147, COLLIN COUNTY, TEXAS,
BBB CONTAINING APPROXIMATELY 201.55 ACRES 1
1700 OF LAND AND BEING A PORTION OR ALL OF
LOTS 7, 8, 9, AND 10, BLOCK 12, AND BEING % r
MORE GENERALLY LOCATED SOUTH OF
FRONTIER PARKWAY (CR 5) AND APPROXI- j'
MATELY 1,300t WEST OF DALLAS PARKWAY
(CR 49)
'S All interested citizens and property owners are (Lisa Batt geld)
VC• hereby notified of their right to appear and be heard
Re-
lump on the matter.
Free Matthew D. Denton;Town Secretary
3733 • 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:
C� y,
Description of the territory to be annexed by metes and bounds: C-L k
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 a nowledged by each and every person or corporation having an
interest in said land.
wner's Signature#1
THE STATE TE
COUNTY OF� �t�
Before me,the undersigned authority,on this day personally appeared r`012FVt- My ev5 known to me to be the
person whose name is subscribed to the foregoing instrument and acknowledged to me Wet he or she executed the same for
the purposes and consideration therein expressed.
Given under my hand and seal of office,this day of , 20e6.
",e;' JOANIE R. WEISENBACH
o ,2 N otary Public,State of Texas
(SEAL) 44 My Commission Expires
March 27,2009 of Public in and for the State of Texas
My Town Council expires:
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"
LEGAL DESCRIPTION
FIELD NOTES:
ALL THAT TRACT OF LAND LYING AND BEING SITUATED IN THE COLLIN COUNTY
SCHOOL LANDS SURVEY, ABSTRACT 147, BEING A PORTION OR ALL OF LOTS 7, 8,
9, AND 10, BLOCK 12, OF SAID SCHOOL LANDS, SURVEY 12, ALSO BEING ALL OF
THOSE TRACTS OF LAND CONVEYED TO, CHESNEY FAMILY, LTD.,ACCORDING TO
THE DEEDS FILED OF RECORD IN 97-0110629, AND 97-0110628 DEED RECORDS OF
COLLIN COUNTY, TEXAS, SAID TRACT BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "COTTON
SURVEYING", SET IN COLLIN COUNTY ROAD NUMBER 5 FOR THE NORTHWEST
CORNER OF THIS TRACT, THE NORTHEAST CORNER OF THAT TRACT OF LAND
CONVEYED TO MCGEE REALTY, LTD. ACCORDING TO THE DEED FILED OF
RECORD IN 94-0054065 DEED RECORDS OF COLLIN COUNTY, TEXAS, AND BEING
THE SOUTH LINE OF THAT TRACT OF LAND CONVEYED TO GARDEN
RIDGE/VALLEY RIDGE, LTD. ACCORDING TO THE DEED FILED OF RECORD IN
VOLUME 4970, PAGE 984 DEED RECORDS OF SAID COUNTY, FROM WHICH THE
NORTHWEST CORNER OF SAID SCHOOL LANDS SURVEY, AND SAID MCGEE
TRACT, SAME BEING THE SOUTHWEST CORNER OF SAID DAVENPORT SURVEY
BEARS,NORTH 89° 54'41" WEST,A DISTANCE OF 1508.10 FEET
THENCE SOUTH 89° 54' 41" EAST, ALONG THE COMMON LINE OF SAID SCHOOL
LANDS SURVEY, A PORTION OF SAID DAVENPORT SURVEY, A PORTION OF THE
SOUTH LINE OF THE F.D. GARY SURVEY, ABSTRACT 361, AND ALSO BEING THE
SOUTH LINE OF THAT TRACT OF LAND CONVEYED TO DONALD AND CARMEN
GOODWIN ACCORDING THE DEED FILED OF RECORD IN VOLUME 4365, PAGE 4653,
CONTINUING WITH A PORTION OF THE SOUTH LINE OF THAT TRACT OF LAND
CONVEYED TO TOM MOSEY ACCORDING TO THE DEED FILED OF RECORD IN
VOLUME 4363, PAGE 2297, DEED RECORDS OF COLLIN COUNTY, TEXAS, A
DISTANCE OF 2856.51 FEET TO 5/8" IRON ROD WITH YELLOW PLASTIC CAP
STAMPED "COTTON SURVEYING", SET IN SAID COMMON LINE AND COUNTY
ROAD FOR THE NORTHEAST CORNER OF THIS TRACT, THE NORTHWEST CORNER
OF THAT TRACT OF LAND CONVEYED TO G&L VENTURES-PROSPER I ACCORDING
TO THE DEED FILED OF RECORD IN VOLUME 2369, PAGE 239, DEED RECORDS OF
COLLIN COUNTY, TEXAS, FROM WHICH A 1/2" IRON ROD FOUND AT THE "T"
INTERSECTION OF SAID COUNTY ROAD #5 AND COLLIN COUNTY ROAD #49, FOR
THE NORTHEAST CORNER OF SAID G&L VENTURES TRACT BEARS, SOUTH 89° 54'
41" EAST,A DISTANCE OF 1333.54 FEET;
THENCE SOUTH 00° 04' 09" EAST, ACROSS OPEN FIELD AND ALONG THE COMMON
LINE OF SAID G&L VENTURES TRACT AND THIS TRACT, PASSING AT A DISTANCE
OF 1326.05 FEET A 1/2" IRON ROD FOUND FOR THE SOUTHWEST CORNER OF SAID
G&L VENTURE TRACT, SAME BEING THE NORTHWEST CORNER OF THAT TRACT
OF LAND CONVEYED TO FOWLER LIVING TRUST ACCORDING TO THE DEED FILED
OF RECORD IN VOLUME 4660, PAGE 2306, DEED RECORDS OF COLLIN COUNTY,
I:\Projects\O-JCDallas\Myers(D047)\015 Chesney Tract\Civil\Exhibits\legal description.doc
TEXAS, CONTINUING ALONG THE COMMON LINE OF SAID FOWLER TRACT AND
THE EAST LINE OF THIS TRACT, A TOTAL DISTANCE OF 2650.91 FEET TO A 1/2"
IRON ROD FOUND FOR THE SOUTHWEST CORNER OF SAID FOWLER TRACT, AND
AN "ELL" CORNER OF THIS TRACT;
THENCE SOUTH 89° 15' 49" EAST, ALONG THE COMMON LINE OF SAID FOWLER
TRACT AND THIS TRACT, A DISTANCE OF 43.38 FEET TO A 5/8" IRON ROD FOUND
IN THE SOUTH LINE OF SAID FOWLER TRACT FOR THE NORTHWEST CORNER OF
THAT TRACT OF LAND CONVEYED TO KIMBERLY BRADDOCK ACCORDING TO
THE DEED FILED OF RECORD IN 94-0085377 DEED RECORDS OF COLLIN COUNTY,
TEXAS, SAID FOUND 5/8" IRON ROD ALSO BEING AN "ELL" CORNER OF THIS
TRACT;
THENCE SOUTH 00° 04' 02" WEST, ACROSS OPEN FIELD AND ALONG THE COMMON
LINE OF SAID BRADDOCK TRACT AND THIS TRACT, A DISTANCE OF 1211.67 FEET
TO A 1/2" IRON ROD FOUND IN THE NORTH LINE OF THAT TRACT OF LAND
CONVEYED TO PROSPER JOINT VENTURE ACCORDING TO THE DEED FILED OF
RECORD IN 93-0021704 DEED RECORDS OF COLLIN COUNTY, TEXAS, FOR THE
SOUTHWEST CORNER OF SAID BRADDOCK TRACT, AND THE SOUTHEAST CORNER
OF THIS TRACT, FROM WHICH A 1/2" IRON ROD FOUND FOR THE SOUTHEAST
CORNER OF SAID BRADDOCK TRACT BEARS, SOUTH 89° 50' 01" EAST, A DISTANCE
OF 1285.99 FEET AND SOUTH 89°16'13" EAST,A DISTANCE OF 131.78 FEET;
THENCE NORTH 89° 49' 58" WEST, GENERALLY WITH A TURN ROW AND THE
REMAINS OF AN OLD FENCE LINE, AND ALONG THE COMMON LINE OF SAID
PROSPER JOINT VENTURE TRACT AND THIS TRACT, A DISTANCE OF 1373.91 FEET
TO A 1/2" IRON ROD FOUND IN SAID TURN ROW FOR THE NORTHWEST CORNER OF
SAID PROSPER JOINT VENTURE TRACT AND AN "ELL"CORNER OF THIS TRACT;
THENCE SOUTH 00° 04' 40" WEST, ALONG A PORTION OF THE WEST LINE OF SAID
PROSPER JOINT VENTURE TRACT, AND COMMON WITH THIS TRACT, A DISTANCE
OF 96.15 FEET TO A 1/2" IRON ROD FOUND IN SAID WEST LINE FOR THE
NORTHEAST CORNER OF THAT TRACT OF LAND CONVEYED TO CARLOS MENDEZ
ACCORDING TO THE DEED FILED OF RECORD IN VOLUME 1187, PAGE 643, DEED
RECORDS OF COLLIN COUNTY,TEXAS, FOR AN "ELL" CORNER OF THIS TRACT;
THENCE NORTH 89° 57' 33" WEST, GENERALLY WITH A TURN ROW AND THE
REMAINS OF AN OLD FENCE LINE, AND ALONG THE COMMON LINE OF SAID
MENDEZ TRACT AND THIS TRACT,A DISTANCE OF 627.06 FEET TO A 5/8" IRON ROD
WITH YELLOW PLASTIC CAP STAMPED "COTTON SURVEYING", SET FOR THE
NORTHWEST CORNER OF SAID MENDEZ TRACT AND BEING THE NORTHEAST
CORNER OF THAT TRACT OF LAND CONVEYED TO JAMES MORGAN ACCORDING
TO THE DEED FILED OF RECORD IN 98-0008124 DEED RECORDS OF COLLIN
COUNTY, TEXAS,AND A CORNER OF THIS TRACT;
THENCE NORTH 89° 58' 29" WEST, ALONG THE COMMON LINE OF SAID MORGAN
TRACT AND THIS TRACT, A DISTANCE OF 506.64 FEET TO A 1/2" IRON ROD FOUND
IN THE BANK OF A SMALL WASH FOR THE SOUTHEAST CORNER OF THAT TRACT
OF LAND CONVEYED TO WEST PROSPER 76, LTD. ACCORDING TO THE DEED FILED
OF RECORD IN VOLUME 5110, PAGE 2263, DEED RECORDS OF COLLIN COUNTY,
TEXAS, AND BEING THE SOUTHWEST CORNER OF THIS TRACT;
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.4
•
THENCE NORTH 02° 31' 02" EAST, ACROSS OPEN FIELD AND ALONG THE COMMON
LINE OF SAID WEST PROSPER 76 TRACT AND THIS TRACT, A DISTANCE OF 1657.50
FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "COTTON
SURVEYING", SET IN THE SOUTH LINE OF SAID MCGEE REALTY TRACT FOR THE
NORTHEAST CORNER OF SAID WEST PROPER 76 TRACT AND A CORNER OF THIS
TRACT, FROM WHICH A 1/2" IRON ROD FOUND IN A ROAD KNOWN AS COUNTY
LINE ROAD FOR A COMMON CORNER OF SAID MCGEE REALTY TRACT AND WEST
PROPER 76 TRACT BEARS, SOUTH 89° 54' 19" WEST,A DISTANCE OF 2022.45 FEET;
THENCE NORTH 89° 54' 19" EAST, ACROSS OPEN FIELD AND ALONG THE COMMON
LINE OF SAID MCGEE REALTY TRACT AND THIS TRACT, A DISTANCE OF 1063.16
FEET TO A 60-D NAIL FOUND NEAR AN OLD FENCE POST FOR THE SOUTHEAST
CORNER OF SAID MCGEE REALTY TRACT AND A INTERIOR CORNER OF THIS
TRACT;
THENCE NORTH 00° 32' 34" WEST, ACROSS OPEN FIELD AND GENERALLY WITH A
TURN ROW, ALONG THE COMMON LINE OF SAID MCGEE REALTY TRACT AND
THIS TRACT, A DISTANCE OF 1151.04 FEET TO A 5/8" IRON ROD WITH YELLOW
PLASTIC CAP STAMPED "COTTON SURVEYING", SET FOR THE NORTHEAST
CORNER OF SAID MCGEE REALTY TRACT AND A INTERIOR CORNER OF THIS
TRACT;
THENCE SOUTH 89° 54' 02" WEST, ACROSS OPEN FIELD, AND ALONG THE COMMON
LINE OF SAID MCGEE REALTY TRACT AND THIS TRACT A DISTANCE OF 1532.96
FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "COTTON
SURVEYING", SET FOR A COMMON "ELL" CORNER OF THIS TRACT AND SAID
MCGEE REALTY TRACT;
THENCE NORTH 00° 41' 42" EAST, ALONG THE COMMON LINE OF SAID MCGEE
REALTY TRACT AND THIS TRACT, A DISTANCE OF 1153.13 FEET TO THE PLACE OF
BEGINNING,AND CONTAINING 201.55 ACRES OF LAND,MORE OR LESS.
The field notes herein described are not to represent an on-the-ground boundary survey. This is a
comp ation of previous deeds only.
,� OF T ;
i' '( •�s r E.F-/-
Phil . Adams,RPLS No.5610 • PHILIP E.ADAMS
( 9 5610 P•:Q,i
11jO FESS%.`-k
I:\Projects\O-JCDallas\Myers(D047)\015 Chesney Tract\Civil\Exhibits\legal description.doc
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 '/z" 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 '/2'x 11"copies of an annexation exhibit(Exhibit A)containing the following
information:
• Title block located in lower right corner (titled as Exhibit A) with subdivision name or survey name and abstract
number, tract number, acreage, and preparation date
• Names, addresses, and phone numbers of owner, applicant, and surveyor
• The legal description (metes and bounds) of the area within the annexation request shall be inlcuded on the
annexation exhibit and sealed and signed by a surveyor.
• North arrow, scale, and location/vicinity map
• Property boundary and dimensions
• Adjacent streets with names
• Distance to nearest cross street
Preparer's Signature GV2G �t �+i�C
tikar10 4 _ Su.tt
Tcm e s 4 Cart cam., kc
18