ORD 2002-35 P&ZTOWN OF TROPHY CLUB, TEXAS
ORDINANCE 2002 — 35 P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
VACATING THE FINAL PLAT FOR THE GREENS OF TROPHY
CLUB, A 7.9384 ACRE TRACT OF LAND SITUATED IN DENTON
COUNTY, TEXAS, AND LYING IN THE J. HENRY SURVEY,
ABSTRACT NO. 528, AND THE W. H. PEA SURVEY, ABSTRACT
NO. 1045 AND BEING PART OF A 307.91 ACRE TRACT AS
RECORDED IN VOLUME 676, PAGE 153, DENTON COUNTY DEED
RECORDS AND RECORDED ON OR ABOUT MARCH 5, 1994;
PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING
FINDINGS; PROVIDING A CUMULATIVE REPEALER CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, a final plat for The Greens of Trophy Club, a 7.9384 acre tract of
land situated in Denton County, Texas, and lying in the J. Henry Survey, Abstract No.
528, and the W. H. Pea Survey, Abstract No. 1045 and being part of a 307.91 acre tract as
recorded in Volume 676, Page 153, Denton County Deed Records was recorded on or
about March 5, 1994 (hereinafter "Platted Property"); and
WHEREAS, pursuant to Texas Local Government Code Section 212.013, if Iots
in a plat have been sold, the plat may be vacated only upon the application of all of the
owners of the lots in the plat; and
WHEREAS, the Platted Property has been sold to one owner, Trophy Club MOB
Partners, L.P., and that entity, as owner, has filed a request with the Town to vacate the
existing plat; and
WHEREAS, after reviewing the information submitted, the PIanning and Zoning
Commission for the Town of Trophy Club, deems it in the best interests of the Town and
the property owners to recommend approval of this ordinance vacating the existing plat
for the Platted Property; and
WHEREAS, the Town Council does hereby find and conclude based upon the
information presented that approval of the recommendation of the Planning and Zoning
Commission to adopt this Ordinance is in the public's best interest and in support of the
health, safety, morals, and general welfare of the Town.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF TROPHY CLUB, TEXAS:
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SECTION 1.
INCORPORATION OF RECITALS
The above and foregoing recitals are found to be true and correct and are
incorporated into the body of this Ordinance for all purposes.
SECTION 2.
FINDINGS
2.01 The Town Council hereby finds that the owners of the Platted Property have
requested that the existing final plat for The Greens Of Trophy Club, a 7.9384 acre tract
of land situated in Denton County, Texas, and lying in the J. Henry Survey, Abstract No.
528, and the W. H. Pea Survey, Abstract No. 1045 and being part of a 307.91 acre tract as
recorded in Volume 676, Page 153, Denton County Deed Records was recorded on or
about March 5, 1994 ("Platted Property").
2.02 The Town Council further finds that the previously filed plat for the Platted
Property should be vacated.
2.03 The Town Council hereby authorizes the Mayor to execute all necessary
documents to be filed in the Denton County land records to effectuate this Ordinance.
SECTION 3.
CUAVIULATIVE REPEALER
This Ordinance shall be cumulative of all other Ordinances and shall not repeal
any of the provisions of such Ordinances except for those instances where there are direct
conflicts with the provisions of this Ordinance. Ordinances, or parts thereof, in force at
the time this Ordinance shall take effect and that are inconsistent with this Ordinance are
hereby repealed to the extent that they are inconsistent with this Ordinance. Provided
however, that any complaint, action, claim or lawsuit which has been initiated or has
arisen under or pursuant to such other Ordinances on the date of adoption of this
Ordinance shall continue to be governed by the provisions of such Ordinance and for that
purpose the Ordinance shall remain in full force and effect_
SECTION 4.
SAVINGS
All rights and remedies of the Town of Trophy Club, Texas, are expressly saved
as to any and all provisions of any other Ordinance affecting .platting and subdivision of
land which have secured at the time of the effective date of this Ordinance; and, as to
such accrued violations and all pending litigation, both civil and criminal, whether
pending in court or not, under such Ordinances same shall not be affected by this
Ordinance but may be prosecuted until final disposition by the courts.
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SECTION 5.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance or application thereof to any person or circumstance is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this Ordinance, and the Town Council hereby
declares it would have passed such remaining portions of this Ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
SECTION 6.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance by copying the exact Caption, Penalty and Effective Date in the
minutes of the Town Council and by filing this Ordinance in the ordinance records of the
Town.
SECTION 7.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of adoption and
publication as provided by law, and it is so ordained.
PASSED AND APPROVED by the Town Council of he Townof ophy Club,
Texas, this 16"' day of September, 2002. %
ATTEST, / _
Town Secretary
Town of Trophy 4ub, Texas
[SEAL]
of Trophy Club, Texas
yds m�.
APPROVED AS TO FORM: /11%, y * gC\
Town Attorney
Town of Trophy Club, Texas
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