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RES 2014-12A RESOLUTION OF THE TOWN OF TROPHY CLUB, TEXAS PROVIDING THE WRITTEN CONSENT OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB TO THE INCLUSION OF AN APPROXIMATE 2.532 ACRE TRACT OF LAND SITUATED IN THE J. HENRY SURVEY, ABSTRACT NO. 529, DENTON COUNTY, TEXAS, AND BEING ALL OF THAT CERTAIN TRACT OF LAND, CONVEYED BY DEED TO TROPHY CLUB VILLAGE CENTRE, LLC, RECORDED IN COUNTY CLERK'S FILE NO. 2012-113475, DEED RECORDS, DENTON COUNTY, TEXAS LOCATED WITHIN THE CORPORATE LIMITS OF THE TOWN OF TROPHY CLUB, TEXAS AND BEING MORE FULLY DESCRIBED IN EXHIBIT "A" HERETO ("THE PROPERTY") TO BE ANNEXED INTO AND THEREAFTER INCLUDED WITHIN THE BOUNDARIES OF TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 54 of the Texas Water Code, at the request of Trophy Club Village Centre, LLC, the owners, (hereinafter the "Landowners") of an approximate 2.532 acre tract of land situated in the J. Henry Survey, Abstract Number 529, Denton County, Texas, and located within the corporate limits of the Town of Trophy Club, Texas as more particularly described in Exhibit "A', (hereinafter the "Property') a copy of which is attached hereto and incorporated herein, have filed a petition to the Town of Trophy Club seeking the written consent of the Town Council to the annexation of the Property into the boundaries of Trophy Club Municipal Utility District No. 1 (hereinafter "MUD1 "), a copy of the Landowner's petition is attached hereto and incorporated herein as Exhibit "B'; and and WHEREAS, because the Property is located within the Town's corporate limits, Section 54.016 of the Texas Water Code requires that MUD1 obtain the written consent of the Town prior to the annexation of the Property into MUD1; and WHEREAS, there is no work to be done by the District relative to water and wastewater infrastructure; however, the District will provide needed firefighting services to the Property; and WHEREAS, the cost of the proposed development of the Property is estimated at approximately $860,000; and WHEREAS, the Town Council of the Town of Trophy Club determines it appropriate to adopt this Resolution authorizing consent to the inclusion of the Property into MUD1. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That the matters set forth in the preamble hereof are true and correct are hereby adopted. Section 2. That the Town Council of the Town of Trophy Club hereby finds that Landowner has complied with all legal requirements to request consent to RES 2014-12 Page 1 of 8 annexation of the Property and hereby specifically gives itsvvritten consent, as required by Section 54.016 of the Texas Water Code, to the inclusion of the Property identified in Exhibit "A',within K4UD1 as requested iDthe Landowner's Petition. Exhibit "B", Section 3. That, this Resolution shall become effective from and after its date ofpassage inaccordance with law. Passed and adopted by the Town COUOCi| of the Town of Trophy Club, T8xom. this the 21 s' day of April, 2014. Town of Troi)h Secretary jb'TexeoTown of Trophy Club, Texas Town of Trophy Club, Texas Patricia A.Adams, Town Attorney RES 2014-12 Page 2 of 8 i 2.532 '__ RES 2014-12 Page 3 of 8 LFOAL DESCRIPTION BEING situated in the J. I leary Survey, Abstract Number 529, Denton County, Texas and being all of that certain tract of land described by deed to Trophy Club Village Centre, LLC recorded in County Clerk's File Number 2012-113475, Deed Records, Denton County, exas and being more particularly described by metes and bounds as follows: BEGINNING at a 518 inch iron rod with cap stamped "JACOBS" found at the north end of a comer clip in the south right-of-way line of Marshall Creek Road (90'Right-of-Way) and the west line of Parkview Drive (60' Right -of -Way); TI IENCE South 32 degrees 44 minutes 14 seconds East, 35.19 feet along said comer clip to a i/S inch iron rod with cap stamped "JACOBS" found at the south end of said corner clip; THENCE along said west right-of-way line of Parkview Drive the following: South 12 degrees 31 minutes 27 seconds West, 150.04 feet to a 5/8 inch iron rod Mth cap stamped "JACOBS" found at the beginning of a curve to the right; 289.98 feet, with said curve to the right, having a radius of 270.00 feet, through a central angle of 61 degrees 32 minutes 06 seconds, whose long chord bears South 43 degrees 17 minutes 29 seconds West, 276.24 feet to a 5/8 inch iron rod with cap stamped "JACOBS" IbUnd; South 74 degrees 03 minutes 30 seconds West, 82.80 feet to a 518 inch iron rod with cap stamped "REALSFARCIT'set at the beginning ofa curve to the tell, 61.80 feet, with said curve tothe left having radius of 330.00 feet, through a central angle of I I degrees 04 minutes 37 seconds, whose long chord bears South 68 degrees 31 minutes 12 seconds West, 63.70 feet to an "X" cut set in the cast line of Parkview Drive (60' Right -of -Way), said "X" cut being the beginning of a non -tangent curve to the left; THENCE along said cast right-of-way line of Parkview Drive the following; 312.41 feet, with said curve left, having a radius of 830.00 feet, through a central angle of' -2 I degrees 33 minutes 58 seconds, whose long chord be North I I degrees 39 minutes 36 seconds East, 310.57 feet to a 5/8 inch iron rod with cap stamped "CU TTON" found; North 00 degrees 52 minutes 43 seconds East, 60.03 feet to a 518 inch iron rod with cup stamped "CO'171'ON found at the beginning of a curve to the right; 125,97 feet, with said curve to the right, having a radius of 770.00 feet, through a central angle of 09 degrees 22 minutes 25 seconds, whose long chord bears North 05 degrees 33 minutes 55 seconds East, 125,83 feet to a 518 inch iron rod with cap stamped "CO17ON" found at the beginning of a non -tangent curve to the right; RES 2014-12 Page 4 of 8 20.14 feet, with said curve right, having- a radius of 2100.01 feet, through a central angle of 00 de-rces 32 minutes 58 seconds,,vvboq C whose long chord bears North 36 degrees I I minutes 44 seconds East, 20.14 feet to a 5/8 inch iron rod with cap stamped "REALSEARCH" set, THENCE North 49 degrees 47 minutes 01 wconds East, 25.09 feet, departing said east right-of- way line of arkview Drive to a 5/8 inch iron rod with "RLALSEARC14" set in said south right- of-way line of Marshall Creek Road, said iron rod also being the beginning of a iron -tangent curve to the left; THENCE 256.01 feet along said south right-of-way line of Marshall Creek Road and with said curve to the left, having a radius of 745,00 feel.,. through a central angle of 19 degrees 41 minutes 21 seconds, whose long chord bears South 67 degrees 12 minutes 45 seconds Fast, 254.76 feet to the POINT OF BEGINNING and containing 110,285 square feet or 2.532 acres of land, more or less. RES 2014-12 Page 5 of 8 EXHIBIT "B" '*-IETITION TO ANNEX CERTAIN LAND r TROPHY MUNICIPAL UTILITY DISTRICT NO. 1 RES 2014-12 Page 6 of 8 PETITION TO ANNEX CERTAIN LAND INTO TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 STATE OF TEXAS § COUNTY OF DENTON § TO THE HONORABLE MAYOR AND TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: The undersigned ("Petitioner") is the owner of title to land more particularly described in the attached Exhibit I (the "Property") which is located within Denton County, Texas. Acting pursuant to provisions of Chapter 54, Texas Water Code, the undersigned respectfully petitions the Town Council of the Town of Trophy Club, Texas for its written consent for the annexation of the Property into the Trophy Club Municipal District No. I (the "District") and would respectfully show the following: The Property proposed to be included within the Trophy Club Municipal Utility District No. I contains approximately 2.532 acres of land, more or less, situated in Denton County, Texas. The Property lies wholly within the incorporated limits of the Town of Trophy Club. 11. Petitioner is the sole owner of the Property. The Property cun-ently receives water and wastewater service from the District through consent of the Town Council. A t the present time, the property does not receive fire services from the District and annexation would allow the District to provide this service. IV. For the following reasons, there is a necessity for the above-described work: the area proposed to be within the District is urban in nature, is within the Fort Worth/Dallas Metropolitan Complex. There is not presently available within the area fire fighting services. The health and welfare of the present and future users of the area and of territory adjacent thereto require fire services. A public necessity therefore exists for the annexation of the property into the District in order to provide for fire services to protect the public health and welfare of the community. RES 2014-12 Page 7 of 8 THEREFORE, the Petitioner respectfully requests consent to the annexation of the Property into the District. RESPECTFULLY SUBMITTED this day of 2014 TROPHY CLUB VILLAGE CENTRE, LLC, A Texas Limit iabi ity pany By: Name: '14 t - Title: tzvaAl eve - STATE OF TEXAS § COUNTY OF DENTON § Before me, the undersigned authority, on this day personally appeared R,'.V", 4*wrt— of —tiokv Cjq� V:11,ft4ar- L -L- C , known to me to be the person and officer whose &me is subscriliea to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed, as the act and deed of said "iC Kp and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the -.),I day of a-,4 2014. SealNotary, State of Texas DEENA KAY CORLEY notary Pu6itc. siote of Texas my commission Expires July 03, 2017 RES 2014-12 Page 8 of 8