04-010 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 04-10
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS ACCEPTING A PETITION TO
EXTEND ITS EXTRATERRITORIAL JURISDICTION TO INCLUDE ALL PORTIONS OF A
2,174 ACRE TRACT OF LAND, MORE OR LESS THAT IS NOT PRESENTLY IN THE
EXTRATERRITORIAL JURISDICTION BEING WITHIN ALL OR PARTS OF THE
FOLLOWING SURVEYS (1) A. ROBERTS SURVEY, ABSTRACT NO. 1115; (2) B.L. RUE
SURVEY, ABSTRACT NO. 1113; (3) L. NETHERLY SURVEY, ABSTRACT NO. 962; (4) T.
BUTTON SURVEY, ABSTRACT NO. 88; (5) M.E.P. & P.R.R. SURVEY, ABSTRACT NO.
1476; (6) C.L. SMITH SURVEY, ABSTRACT NO. 1681; (7) J.P. BATES SURVEY,
ABSTRACT NO. 1620; (8) J. SAILING SURVEY, ABSTRACT NO. 1675; (9) P. BARNES
SURVEY, ABSTRACT NO. 79; (10) B.R. HODGES SURVEY, ABSTRACT NO. 593; (11) A.
JAMISON SURVEY, ABSTRACT NO. 672; (12) B. WEEDON SURVEY, ABSTRACT NO.
1369; (13) J. MORTON SURVEY, ABSTRACT NO. 793; (14) L. RUE SURVEY, ABSTRACT
NO. 1110; (15) P. RUE SURVEY, ABSTRACT NO. 1555; (16) R. YATES SURVEY,
ABSTRACT NO. 1538; (17) H. SAILING SURVEY, ABSTRACT NO. 1628; (18) J. TETER
SURVEY, ABSTRACT NO. 1262, DENTON COUNTY; PROVIDING FOR REPEALING,
SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF
THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION
HEREOF.
WHEREAS, the Town Council ("Town Council") of the Town of Prosper, Texas
("Town") has investigated and determined that it will be advantageous and beneficial to
Prosper and its inhabitants to extend its extraterritorial jurisdiction ("ETJ") as set forth below;
and
WHEREAS, the Town Council has received a petition from Ernest Mahard ("Owner")
requesting that the Town's ETJ be extended to include all portions a 2,174 acre tract of land,
more or less, that is not presently in the ETJ being within all or parts of the following surveys
(1) A. Roberts Survey, Abstract No. 1115; (2) B.L. Rue Survey, Abstract No. 1113; (3) L.
Netherly Survey, Abstract No. 962; (4) T. Button Survey, Abstract No. 88; (5) M.E.P. & P.R.R.
Survey, Abstract No. 1476; (6) C.L. Smith Survey, Abstract No. 1681; (7) J.P. Bates Survey,
Abstract No. 1620; (8) J. Sailing Survey, Abstract No. 1675; (9) P. Barnes Survey, Abstract
No. 79; (10) B.R. Hodges Survey, Abstract No. 593; (11) A. Jamison Survey, Abstract No.
672; (12) B. Weedon Survey, Abstract No. 1369; (13) J. Morton Survey, Abstract No. 793;
(14) L. Rue Survey, Abstract No. 1110; (15) P. Rue Survey, Abstract No. 1555; (16) R. Yates
Survey, Abstract No. 1538; (17) H. Sailing Survey, Abstract No. 1628; (18) J. Teter Survey,
Abstract No. 1262, Denton County, as more particularly described in the petition which is
attached hereto as Exhibit "A" and incorporated as if fully set forth herein ( the "Property");
and
WHEREAS, the Town Council has determined that the Property is contiguous to the
otherwise existing ETJ of the Town; and
WHEREAS, the Town Council finds that it is authorized to expand the Town's ETJ to
include the Property as requested by Owner pursuant to Section 42.022(b) of the Local
Government Code.
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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: Extraterritorial Jurisdiction of Town Expanded. The petition by Owner is
hereby granted and the ETJ of Town is hereby expanded to include the Property.
SECTION 3: 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 4: 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 5: Effective Date. This Ordinance shall be effective immediately upon its
passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS on this 31 day of January, 2004.
ARL ISW GER MAYOR
ATTEST TO:
SHANAE JEN GS, Town ecretary
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EXHIBIT "A"
MAHARD TRACT
FIELD NOTES
BEING several tracts of land located in the Denton County of Texas, within all or parts of the:
(1) A. Roberts Survey, Abstract No. 1115; (2) B.L. Rue Survey, Abstract No. 1113; (3) L.
Netherly Survey, Abstract No. 962; (4) T. Button Survey, Abstract No. 88; (5) M.E.P. & P.R.R.
Survey, Abstract No. 1476; (6) C.L. Smith Survey, Abstract No. 1681; (7) J.P. Bates Survey,
Abstract No. 1620; (8) J. Sailing Survey, Abstract No. 1675; (9) P. Barnes Survey, Abstract No.
79; (10) A. Jamison Survey, Abstract No. 672; (11) B. Weedon Survey, Abstract No. 1369; (12)
J. Morton Survey, Abstract No. 793; (13) L. Rue Survey, Abstract No. 1110; (14) P. Rue Survey,
Abstract No. 1555; (15) R. Yates Survey, Abstract No. 1538; (16) H. Sailing Survey, Abstract
No. 1628; (17) J. Teter Survey, Abstract No. 1262; and further being those tracts of land
conveyed to Mahard Egg Farm and Ernest Mahard, Jr. by deeds recorded in the Property
Records of said Denton County Texas, and further being found that the herein after described
properties are located adjacent to the existing Corporate Limits of the Town of Prosper as
described in Town Ordinance Number 102, dated September 14, 1966, and further this tract of
land contains 2,234 acres more or less; and being more particularly described by metes and
bounds as follows;
BEGINNING at the intersection of the centerline of Fields Road and the Town Limit Line of the
Town of Prosper, said Town Limit Line being in the Right-of-Way of U.S. Hwy 380;
THENCE North 89t 35' 11" West, along the said Town Limit Line crossing the centerline of
Goodhope Road to the centerline of Gee Road, 5,927 feet, to a point;
THENCE North 0t 51' 50" East, along the said centerline of Gee Road, 1116.89 feet, to a point;
THENCE South 89t 29' 23" West, 450.32 feet, to a point;
THENCE North 89t 40' 31" West, 645.10 feet, to a point;
THENCE North 13 t 04'49" East, 2149.68 feet, to a point;
THENCE North 88t 40' 30" West, 454.40 feet, to a point;
THENCE North 54t 59' 30" West, 66.47 feet, to a point;
THENCE North 26t 05' 00" West, 86.77 feet, to a point;
THENCE North 27t 23' 26" West, 116.69 feet to a point in the center of Doe Creek;
THENCE in a Southwesterly direction along the center of Doe Creek as follows:
South 17t 36' 07" West, 130.72 feet, to a point;
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South 51 tt 57' 05" West, 169.96 feet, to a point;
South 41 t 57' 16'West, 231.12 feet, to a point;
THENCE leaving the center of said creek South 57t 22' 39" East, 40.00 feet to a concrete
monument, continuing for a total distance of 602.40 feet to a concrete monument;
THENCE South 31 t 51' 00" West, 3,170.72 feet to a Government Marker No. J-827-12,
situated in the North Right-of-Way line of U.S. Hwy 380;
THENCE North 89t 13' West along the said North Right-of-Way line, 594 feet to a
Government Marker No. J-827-1;
THENCE North 08zt 59' East, 242.50 feet to Government Marker No. J-827-2;
THENCE North 56k, 02' East, 132.20 feet to Government Marker No. J-827-3;
THENCE South 201t 17' West, 155.70 feet to Government Marker No. J-827-4;
THENCE South 80t 41' East, 88.40 feet to Government Marker No. J-827-5;
THENCE North 45 t 17' East, 261.10 feet to Government Marker No. J-827-6;
THENCE South 62t 09' East, 216.20 feet to Government Marker No. J-827-7;
THENCE North 15 t 07' East, 184.70 feet to Government Marker No. J-827-8;
THENCE North 56t 10' West, 183.50 feet to Government Marker No. J-827-9;
THENCE North 18t 13' West, 197.80 feet to Government Marker No. J-827-10 and J-828-1;
THENCE North 73 t 55' West, 688.80 feet to Government Marker No. J-828-2;
THENCE North 28t 15' East, 67.80 feet to Government Marker No. J-828-3;
THENCE North 21 t, 13' East, 709.60 feet to Government Marker No. J-829-1;
THENCE North 32t 09' East, 221.40 feet to Government Marker No. J-829-2;
THENCE North 591t 17' West, 249.71 feet to Government Marker No. J-829-3;
THENCE North 07t 08' East, 670.0 feet to Government Marker No. J-829-4;
THENCE South 76t 12' East, 402.40 feet to Government Marker No. J-829-5;
THENCE North 20tt 20' West, 739.80 feet to Government Marker No. J-829-6;
2
THENCE North 34M 43' East, 530.80 feet to Government Marker No. J-829-7;
THENCE South 77t 15' East, 583.8 feet, to a point;
THENCE North 1 t 19' 05" East, 729.38 feet, to a point;
THENCE North 1 t 53' 10" East, 1148.54 feet, to a point;
THENCE North 88t 13' 40" West, 507.0 feet, to a point;
THENCE North 00t 07' 09" West, 814.57 feet, to a point;
THENCE East 1,381.75 feet, to a point;
THENCE North 1 t 40' 30" West, 929.75 feet, to a point;
THENCE South 87t 33' 20" West, 230.15 feet, to a point;
THENCE North 4t 04' 40" East, 1768.19 feet, to a point;
THENCE South 86t 31' East, 1107.88 feet, to a point;
THENCE South 89t 00' 30" East, 2,191.76 feet more or less to the centerline of Goodhope
Road;
THENCE North 1 t 38' East, along said centerline of Goodhope Road, 955.7 feet more or less to
the centerline of Prosper Road;
THENCE East, along said centerline of Prosper Road, 150 feet more or less;
THENCE North 2,122 feet,more or less to the Town Limit Line in Parvin Road;
THENCE Northeasterly, along the said Town Limit Line 6,920 feet more or less; to the
Northeast corner of Tract No. 2, a 50 acres parcel described in CC No. 93-0062215 of the
Denton County Deed Records, said corner on the said Town Limit Line;
THENCE South 1 t 00' West, leaving said Town Limit Line, 2,806.68 feet to the centerline of
Prosper Road;
THENCE South 89t 43' 45" West, along said centerline, 3,711.39 feet to the centerline of Fields
Road;
THENCE continuing along the said centerline of Fields Road as follows:
3
South, 4,394 feet, to a point;
Southeasterly, 298 feet, to a point;
South 1,803 feet to the centerline of Fishtrap Road, continuing for a total distance of
5,606 feet to the POINT OF BEGINNING and containing 2,234 acres of land, more or
less.
SAVE AND EXCEPT
0.783 acre tract of land conveyed to the Town of Irving, Texas in Vol. 4871, Pg. 5128 of the
Denton County Deed Records.
1.00 acre tract of land conveyed to Nathan J. & Helen K. Goodlet in County Clerk's File No. 94-
0089059 of the Denton County Deed Records.
25.660 acre tract of land conveyed to Nathan J. & Helen K. Goodlet in Vol. 3329, Pg. 820 of the
Denton County Deed Records.
0.507 acre tract of land conveyed to Nathan J. & Helen K. Goodlet.
4.255 acre tract of land conveyed to Judy Reeves in Vol. 874, Pg. 9 of the Denton County Deed
Records.
1.170 acre tract of land being the remainder of a 5 acre tract conveyed to Curtis N. McDaniel in
Vol. 354, Pg. 221 of the Denton County Deed Records.
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