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RES 2025-15 Request for Annexation into the Corporate Limits of the Town RESOLUTION NO. 2025-15 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, GRANTING A C-3 VOLUNTARY PETITION REQUESTING ANNEXATION INTO THE CORPORATE LIMITS OF THE TOWN OF TROPHY CLUB BY THE PROPERTY OWNER OF APPROXIMATELY 3.182 ACRES OF LAND, LEGALLY DESCRIBED AS TRACT 1,THOMAS J.ALLEN SURVEY,ABSTRACT NO. 7 AND THE JS KENLEY SURVEY, ABSTRACT NO. 1641, DENTON COUNTY, TEXAS, GENERALLY LOCATED NORTH OF MILSON'S POINT DRIVE AND WEST OF TROPHY PARK DRIVE; PROVIDING FOR THE INCORPORATION OF FINDINGS; SETTING A PUBLIC HEARING FOR THE ANNEXATION; AUTHORIZING AND DIRECTING THE TOWN SECRETARY TO HAVE NOTICES OF SUCH PUBLIC HEARING BE PROVIDED AS PRESCRIBED BY LAW; APPROVING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT TO ADD "THE KYLE WOOD REVOCABLE TRUST" AS A PARTY TO THE DEVELOPMENT AGREEMENT; PROVIDING A SEVERABILITY CLAUSE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the Town of Trophy Club (the "Town") is a home rule municipality located in Denton County, Texas, created in accordance with the provisions of the Texas Local Government Code and operating pursuant to the enabling legislation of the State of Texas and the Trophy Club Town Charter; and WHEREAS, the Town received a petition requesting voluntary annexation from the property owner (the "Owner") of the Area (defined herein) containing all elements required by Section 43.0671 of the Texas Local Government Code (the "Petition"), attached hereto as Exhibit "A"and incorporated as if set forth fully herein; and WHEREAS, a legal description and geographical depiction of the Area proposed to be annexed is included in the Petition, attached hereto as Exhibit"A" (the "Area"); and WHEREAS, the Town Council of the Town (the "Town Council") directs publication, mailing and distribution of notice(s) for a public hearing, as required by Chapter 43 of the Texas Local Government Code, to consider the annexation of the Area; and WHEREAS, the Town Council has investigated into, has determined and officially fmds that no part of the Area is within the corporate boundaries or extraterritorial jurisdiction of any other municipality and is located within the extraterritorial jurisdiction of the Town; and WHEREAS,pursuant to Section 43.0672 of the Texas Local Government Code,the Town has negotiated and entered into a written agreement with the Owner, and its affiliate, successor, or assignee, Foxwood, LLC, for the provision of municipal services for the Area; and WHEREAS,the Town Council has found and determined that the Petition is appropriate and that it is in the best interest of the Town to grant the Petition. RESOLUTION 2025-15 PAGE 2 NOW,THEREFORE,BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB,TEXAS,THAT: Section 1. Findings Incorporated. The recitals and findings set forth above are true and correct and are incorporated into the body of this Resolution as if fully set forth herein. Section 2. Petition Considered. The Town Council hereby grants the Petition requesting the annexation into the corporate limits of the Town by the Owner of the Property. Section 3. Calling of Public Hearing and Providing Notices. A Calling of Public Hearing. The Town Council hereby calls a public hearing about annexation of the Area, at which members of the public shall be given an opportunity to be heard at the following location and on the following date and time: Trophy Club Town Council Chambers, 1 Trophy Wood Dr, Trophy Club, Texas 76262 August 25,2025 at 7:00 p.m. The ordinance annexing the Area may be adopted immediately following the public hearing called above. R Notice of Public Hearing. The Town Secretary is hereby authorized and directed, in accordance with Chapter 43 of the Texas Local Government Code, to cause notice of the public hearing called by Section 3.A., on or after the twentieth (20th) day but before the tenth (loth) day before the date of such public hearing, to be (i) published once in a newspaper having general circulation in the Town and in the above-described territory, (ii) mailed to any school district or public entity providing services to the Area, and(iii)posted on the Town's website. Section 4.Amendment to Development Agreement.Prior to the institution of annexation,Town staff is hereby authorized and directed execute the Amendment to the Development Agreement, which is attached hereto and incorporated herein as Exhibit "B", to add "The Kyle Wood Revocable Trust"as a party to the Development Agreement. The Town Manager,or his designee, is hereby authorized to execute said Amendment to Development Agreement. Section 5. Severability. It is hereby declared to be the intention of the Town Council that the phrases, clauses, sentences, paragraphs, and sections of this Resolution are severable, and if any phrase,clause,sentence,paragraph or section of this Resolution shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Resolution, since the same would have been enacted by the Town Council without the incorporation of this Resolution of any such unconstitutional phrase, clause, sentence, paragraph, or section. RESOLUTION 2025-15 PAGE 3 Section 6. Open Meetings. That it is hereby found and determined that the meeting at which this Resolution was passed was open to the public as required by law, and that public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551 of the Texas Government Code. Section 7. Effective Date. This Resolution shall become effective from and after its adoption. AND IT IS SO RESOLVED. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, on this 11th day of August, 2025. ®F ROAN,y 4,110., CO e TATO y, Mil, or ATTEST: O‘k 40* -9�vARY a my Dixon, T wn Sec etary RESOLUTION 2025-15 PAGE 4 Exhibit"A" PETITION INCLUDING LEGAL DESCRIPTION AND DEPICTION OF AREA Property Owner Name(s): The Kyle Wood Revocable Trust Property Address: STATE OF TEXAS COUNTY OF DENTON TOWN OF TROPHY CLUB LANDOWNER CITY EXPANSION PETITION TO THE MAYOR AND TOWN COUNCIL OF THE TOWN OF TROPHY CLUB,TEXAS,A HOME RULE MUNICIPALITY: The Kyle Wood Revocable Trust(the "Owner(s)) the owner(s) of approximately 3.182 acres of land depicted and described in Exhibit A attached and incorporated herein (the "Property"), hereby petition the Town Council to annex the Property into the corporate limits of the Town of Trophy Club, Texas (the "Town") pursuant to Texas Local Government Code, Section 43.0671. Owner(s) certifies that this petition is signed and acknowledged by all persons having an interest in the Property and further certifies that the Property is within the Town's extraterritorial jurisdiction,contiguous to the Town,and without residents or on which fewer than three qualified voters reside. Owner(s) requests that the Town Council hear this petition and the arguments for and against annexation,grant the petition,and annex the Property into the Town of Trophy Club. Owner: Owner: The Kyle Wood Revocable Trust Name Name lc VJ°CAS. Signature Signature RESOLUTION 2025-15 PAGE 5 i 2:4 Date Date 1 I I STATE OF TEXAS ¢ § COUNTY OF I sil iTb/l ¢ I, Before me,a notary public,on this day personally appeared kU1I WaldI known to me to be the person whose came is subscribed to the foregoing docum t and,being by me first duly sworn,declared that the statements are true Aia• — ---- tary Public in and for a State of Texas My Commission .s`"""'", STEPHANIE SAWYER e• ' ' '•r.=NOW,/Public.State of T s 7/d 1 f?� ohQni \/'1V1k P Typed or plinted Notary's name 's,'9 c'Comm,E{nres 07.3t•2027 Notarylp 125496079 STATE OF TEXAS ¢ ¢ COUNTY OF ¢ Before me,a notary public,on ibis day personally appeared known tome to be the pawn whose name is subscribed to the foregoing document and,being by me first duly sworn,declared that the statements therein contained are true and correct. Notary Public in and for the State of Texas My Commission expires: Typed or printed Notary's name RESOLUTION 2025-15 PAGE 6 OWNER'S CERTIFICATE STATE OF TEXAS COUNTY OF DENTON § BEiNG a 138,616 square foot or 3.182 acre tract of land, situated in the Thomas J. Allen Survey, Abstract Number 7, and the JS Kenley Survey, Abstract Number 1641, Trophy Club, County of Denton, Texas, being all of the property described as Tract 1, in a Warranty Deed to Co—Trustees of the Pinson Trust, recorded in Instrument #2024-124410, of the Official Public Records of Denton County, Texas (O.P.R.D.C.T.), and being more particularly described as follows: COMMENCING at a concrete monument found near the Southeast corner of said Tract 1, and being a Westerly corner of a property described in a General Warranty Deed to the United States of America (USA), recorded in Volume 369, Page 603, of the Deed Records of Denton County, Texas (D.R.D.C.T); THENCE North 44 degrees 43 minutes 08 seconds West, a distance of 1.70 feet to the Southeast corner of said Pinson Tract, said point being POINT OF BEGINNING of the herein described tract; THENCE North 87 degrees 08 minutes 18 seconds West, with the South line of said Pinson Tract, a distance of 184.05 feet to the Southwest corner of said Pinson Tract, same being in the East line of a called 9.464 acre tract of land, described in a Special Warranty Deed to Kyle Wood Revocable Trust, recorded in Instrument #2023-2762 (O.P.R.D.C.T.); THENCE North 01 degrees 57 minutes 36 seconds East, with the common line between said Pinson Tract and said Wood Tract, a distance of 613.51 feet to an interior ell corner; THENCE North 83 degrees 15 minutes 55 seconds West, with the common line between said Pinson Tract and said Wood Tract, a distance of 77.01 feet to a concrete monument stamped "COE" found at the most westerly Northwest corner of said Pinson tract, same being a Southerly corner of said USA tract; THENCE with the common line between said Pinson Tract and said USA tract, the following courses and distances: North 29 degrees 44 minutes 17 seconds East, a distance of 246.77 feet to a concrete monument stomped "COE" found (Controlling Monument), at the Northwest corner of said Pinson Tract; South 87 degrees 53 minutes 56 seconds East, a distance of 97.40 feet to a concrete monument stamped "COE" found (Controlling Monument), at the Northeast corner of said Pinson Tract; South 01 degrees 19 minutes 51 seconds East, a distance of 842.30 feet to the POINT OF BEGINNING, containing 138,616 square feet or 3.182 acres of land more or less. RESOLUTION 2025-15 PAGE 7 4✓ j flii), i``ji c 'of; t: iii It tt'd ; n 1p In 1 Zd 6 1i �--•�— i 4 1. - h a wa.� ill 1a Pei ){� i sh} s iE'i t 11 i a III 1 ti v V{ i- {! !! $11h ij� i!`i i ¢9 1ki;s i't�-i ii i� tt i t i ii 40 ai i i 1'i'n1i11th 11i!ii�Fe[f!L E p} aSeStSeEftga'¢��'y91/ {F1JfhSlff)pj1` 1`f° �+p !!t 1 a o 1 E}eitl 9Fit ill Yiiil lii nil i.t.1_t 1! Z—oq. i.,x , �i J�.: , ,i, hd it; ii!a' e ! at ill 11 { Ii t iM !ill {E if id 1 iei4itht,:f i thi iit 111 .iet - liC lz .° : . it y i' a 1'4, s` • \ 41 • i94 cit RESOLUTION 2025-15 PAGE 8 Exhibit"B" Amendment to Development Agreement RESOLUTION 2025-15 PAGE 9 AMENDMENT TO DEVELOPMENT AGREEMENT This AMENDMENT TO DEVELOPMENT AGREEMENT (the "Amendment") is executed between Foxwood, LLC, a Texas limited liability company, and its affiliates or successors in interest ("Foxwood") and The Kyle Wood Revocable Trust, and its affiliates or successors in interest (the "Trust") (collectively Foxwood and the Trust are referred to as the "Owner" whether one or more), and the Town of Trophy Club, a Texas home rule municipality ("Town") (Owner and Town being referred to individually as a "Party" and collectively as the "Parties"). RECITALS WHEREAS, the Town and Foxwood are parties to a Development Agreement approved by the Town Council of the Town of Trophy Club, Texas, on July 28th, 2025 (the "Agreement"); and WHEREAS, the Town received a request for voluntary annexation from the Owner in accordance with Section 43.0671 of the Texas Local Government Code (the"Petition"); and WHEREAS,the Trust is the fee simple owner of the Property identified in the Agreement, including the ETJ Property,as defined in the Agreement,and the Parties desire to add the Trust as a Party to the Agreement; and WHEREAS,by executing this Amendment,the Trust agrees to be bound by all terms and conditions of the Agreement; and WHEREAS, the parties desire to amend the Agreement as herein set forth in this Amendment; and WHEREAS,the recitals in the Agreement are incorporated into this Amendment as if fully set forth herein,except as amended by this Amendment, and defined terms shall have the meaning assigned to such terms in the Agreement, unless otherwise defined herein. AGREEMENT NOW,THEREFORE,for and in consideration of the premises above and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the Parties agree as follows: 1. The Parties agree that for all intents and purposes of the Agreement,the Agreement is hereby amended so that"The Kyle Wood Revocable Trust" is hereby added as a Party to the Agreement, and references to "Owner" in the Agreement shall also include the "The Kyle Wood Revocable Trust". 2. Except as amended herein, all other terms and conditions of the Agreement shall remain in full force and effect. This Amendment may be executed in any number 1 RESOLUTION 2025-15 PAGE 10 of counterparts,each of which shall be deemed an original,but all of which together shall constitute one and the same instrument. The execution of this Amendment may be accomplished by facsimile or electronic signatures and shall be deemed fully executed upon the exchange among the parties of signed facsimile or electronic copies of this Amendment. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their duly authorized officers and to be effective as of the last date set forth below. TOWN OF TROPHY CLUB,TEXAS Brandon Wright, Town Manager Date: ATTEST: Tammy Dixon,Town Secretary THE KYLE WOOD REVOCABLE TRUST By: Name: Kyle B. Wood, Trustee Title: Date: ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on the day of , 2025, by Kyle B. Wood, Trustee of the Kyle Wood Revocable Trust, on behalf of said Trust. GIVEN UNDER MY HAND AND SEAL OF OFFICE,this the day of , 2025. Notary Public in and for The State of Texas My Commission Expires: Typed or Printed Name of Notary 2 RESOLUTION 2025-15 PAGE 11 FOXWOOD,LLC, a Texas limited liability company By: Name: Greg Fox Title: Principal Date: CORPORATE ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF § BEFORE ME,the undersigned authority in and for County, Texas, on this day personally appeared , known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that he is the of , a Texas limited liability company, and that he is authorized by said limited liability company to execute the foregoing instrument as the act of such limited liability company for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE,this the day of , 2025. Notary Public in and for The State of Texas My Commission Expires: Typed or Printed Name of Notary 3