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RES 1995-16TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. _ 9 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS GRANTING A PETITION FOR THE INCLUSION OF CERTAIN LAND IN TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2.; PROVIDING AN EFFECTIVE DATE. WHEREAS, a petition requesting the Town of Trophy Club's consent that certain land be included in the Trophy Club Municipal Utility District No. 2 has been duly filed with the Town Council of the Town of Trophy Club, Texas; and WHEREAS, the Trophy Club Municipal Utility District No. 2 has provided, at its own expense, and now owns, operates, and maintains, facilities for processing and distributing a supply of surface water and subsurface water and at the present time is qualified to furnish and deliver treated water to the area contained within the District; and WHEREAS, the Trophy Club Municipal Utility Water District No. 2 ("TCMUD No. 2") has heretofore received a petition requestingoannexation of, and has expressed its desire to annex, approximately one hundred t n ) acres owned by Cobblestone, Texas, Inc., a Texas corporation ("Cobblestone"), which is adjacent to property presently located within the geographical boundaries of TCMUD No. 2; and WHEREAS, Cobblestone has a contract with TCMUD No. 2 to supply a quantity of water as required by Cobblestone not to exceed gallons per day to property owned by Cobblestone; and WHEREAS, it is deemed to be in the best interest of both the Town of Trophy Club and Cobblestone that approximately one hundred h P n (_i i n) acres out of the (� acres is more particularly described in Exhibit 1, be annexed into TCMUD No. 2 so as to have a supply of treated water to the realty at a reasonable rate; and WHEREAS, the granting of said Petition will result in providing more orderly development and use of the land and will promote and protect the general health, safety, and welfare of the citizens of the Town of Trophy Club. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That the matters and facts set out in the preamble of this Resolution are hereby found and declared to be true and correct. DOC #: 275989 Section 2. That the meeting at which this Resolution was adopted was duly and properly called and notice given thereof in accordance with law. Section 3. Attached to this Resolution and made a part hereof is a Petition requesting the Town of Trophy Club's consent that the certain tract described in Exhibit 1 attached hereto and incorporated herein by reference (the "Triangle Tract") be included in the Trophy Club Municipal Utility District No. 2. Such Petition is hereby granted; provided, however, that only land within Exhibit 1 which is zoned CR Commercial Recreation as fo the date of the adoption of this Resolution is approved for inclusion in the Trophy Club Municipal Utility District No. 2. Section 4. This Resolution shall take effect from and after its date of adoption. PASSED AND APPROVED this 18 t hday of s July , 1995. James P. ATTEST: j 4 Town Secretary, Town of Trophy Club, Texas APPROVED AS TO FORM: Townrney, Town of rophy Club, Texas DOC #: 275989 VU/Vuiva IV; JV p Ll4 UOU 2267 PAGE & ADDISON 0003 PIRTITION FOR ComSENT To AMqRX CERTAM IjM INTK) TRORRY CLUB MUNICIPAL UTIL4;-TY DISTRICr NO- 2 STATE OF TEXAS COUNTY OF DENTON TO T14B HONORABLE MAYOR AND TOWN COUNCIL OF THE TOWN OF TROPHY CLUB: The undersigned ("Petitioner") is the owner of title to land more Particularly described in the attached Exhibit 1 (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 for its written consent for the annexation of the Property into the Trophy Club Municipal District No. 2 (the "District") and would respectfully show the following: The Property proposed to be included within the Trophy Club Municipal Utility District No. 2 contains approximately one hundred ten (110) acres of land, more or less, situated in Denton County, Texas. The Property, at the time of the approval of this annexation is so approved, will lie wholly within the incorporated limits of the Town of Trophy Club. II_ petitioneris the sole owner of the Property. TTI. The general nature of the work to be done by the District in the Property, at the present time, is the construction, acquisition, maintenance and operation of a waterworks and sanitary sewer system for domestic and commercial purposes. lim 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 an adequate waterworks and sanitary sewer system. The health and welfare of the present and future users of the area and of territory adjacent thereto require the construction, acquisition, maintenance and operation of an adequate waterworks and sanitary Petition for Consent to Annex Certain Land into Trophy Club Munici2al Utility District No. 2 A4060.9.224 -999F page 1 061,06/95 10:31 $214 960 2287 PACE & ADDISON Sewer system. The area will be developed as part of an existing golf and country club. A public necessity therefore exists for the annexation of the Property into the District in order to provide for the construction, extension, improvement, maintenance and operation of such waterworks and sanitary sewer system, so as to promote the purity and sanitary condition of the state's waters and the public health and welfare of the community. THEREFORE, the Petitioner respectfully requests consent to the annexation of the Property into the District. RESPECTFULLY SUBMITTED this day of STATE OF TEXAS COUNTY OF DENTON If 1995. COBBLESTONE TEXAS, INC., a Texas Corporation By: Title: BEFORE ME, the undersigned authority, on this day personally appeared Of COBBLESTONE TEXAS, INC., a Texas corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, as the act and deed of said corporation, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the _ day of 1 1995. Notary Public, state of Texas (Typed or Printed Name of Notary) MY commission Expires: Petition for Consent to Annex Certain Land Into Trophy Club Municipal Utility District No. 2 A4060.9.224.999F page 2 Z 004 06/06/95 10:32 V214 960 2287 PAGE & ADDISON u .1.0 4 & NO * INNO)WIMMIltzilsligg 41tw=z y.4p It6i = z STATE OF TEXAS COUNTY OF DENTON TO THE BOARD OF DIRECTORS OF THE TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2: 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 Board of Directors of the Trophy Club Municipal Utility District No. 2 for its written consent to annex the Property into the Trophy Club Municipal District No. 2 and would respectfully show the following: I_ TheProperty proposed to be included within the Trophy Club municipal Utility District No. 2 contains approximately one hundred ten (110) acres of land, more or less, situated in Denton County, Texas. The Property, at the time of the approval of this annexation is so approved, will lie wholly within the incorporated limits of the Town of Trophy Club. ME Petitioner is the sole owner of the Property. Petitioner has requested approval of the Town of Trophy Club, Texas, for annexation of the Property by Trophy Club Municipal Utility District No. 2. lu Subject to the prior approval of the Town of Trophy Club, Petitioner hereby requests that the Trophy Club Municipal Utility District No. 2 annex the Property in order to provide an adequate waterworks and sanitary sewer system for the Property. Petition to Annex Certain Land Into Trophy Club Municipal Utility District No. 2 A4060.9.224.999E [a 005 06/06/95 10:32 '&214 960 2287 PAGE & ADDISON VM By this instrument, Cobblestone hereby confirms, consents, and certifies that this Petition to Annex constitutes a petition and election on the part of Cobblestone, and its successors and assigns in title to such property, for said land and any improvements thereto to be assessed for their share of all present and future debts of the District in the same manner and to the same extent as other lands and improvements within the District are liable for the District's debts. Without limiting the generality of the foregoing, Cobblestone, its successors and assigns, hereby agree that said land and any improvements that may be constructed thereon shall assume its share of the Trophy club municipal Utility District No. 2 Unlimited Tax Refunding Bond, series 1995 in the aggregate principal amount of $4,549,521.90. am In addition, Cobblestone, its successors and assigns, shall assume its share of the remaining $4,580,000.00 unissued bonds which were authorized on April 4, 1981, the $2,170,000.00 unissued bonds which were authorized on April 4, 1981, and the $2,500,000.00 unissued bonds which were authorized on October 29, 1988. V-11. By this Petition, Cobblestone also certifies that as the date hereof, and that it shall be true as of the date of an order Approving Annexation of the Property Into Trophy Club Municipal Utility District No. 2, there are no liens outstanding against the property, except that certain deed of trust dated 1 19_, recorded in Volume . Page THEREFORE, the Petitioner Petition be heard after due Directors duly pass and appro annexation of the Property. respectfully prays that this notice and that the Board of -re an Order consenting to the RESPECTFULLY SUBMITTED this day of 0 1995 COBBLESTONE TEXAS, INC., a Texas corporation am Title: Petition to Annex Certain Land Into Trophy Club Municipal Utility District No. 2 A4060.9.224.999E page 2 [?10 0 6