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RES 1998-05TOWN OF ROP RESOLUTION O • : • A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, GRANTING A PETITION TO ANNEX CERTAIN LAND (4.20 ACRES AND 3.80 ACRES AS DESCRIBED HEREIN) INTO THE TOWN FILED BY JOHN HARBIN, REPRESENTATIVE FOR THE PETITIONER AND SETTING A DATE, TIME AND PLACE FOR PUBLIC HEARINGS ON THE PROPOSED ANNEXATION OF THAT LAND BY THE TOWN OF TROPHY CLUB, TEXAS; AUTHORIZING THE TOWN SECRETARY TO PUBLISH NOTICE OF SUCH PUBLIC HEARINGS; PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 11, 1998 there was filed with the Town Council of the Town of Trophy Club, Texas a Petition to Annex Certain Land Into the Town of Trophy Club,Texas (the "Petition"), a true and correct copy of which Petition is attached hereto as ExhibitA; and WHEREAS, pursuant to §43.028, Tex. Loc. Gov. Code, the Town Council heard the Petition and the arguments for and against the annexation and is of the opinion that the Petition should be granted, and the process initiated to annex the Property into the Town. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. The Petition to Annex Certain Land into the Town of Trophy Club, Texas, a true and correct copy of which Petition is attached hereto as Exhibit A. is hereby granted. Section 2 On the 21st day of April, 1998, at 7 : 0 0 o'clock p. m., and on the 21st day of April 1998, at 7: 3 0 o'clock p.m., in the Board Room, Trophy Club Municipal Utility District Building, 100 Municipal Drive, Trophy Club,Texas, the Town Council will hold a public hearing giving all interested persons the right to appear and be heard on the proposed annexation by the Town of Trophy Club, Texas, of the land as more specifically described in Exhibit I to Exhibit A which is attached hereto and incorporated herein for all purposes (the "Land"). Section 3. The Town Secretary is hereby authorized to cause notice of such public hearings to be published once in a newspaper having general circulation in the Town and in the Land not more than twenty (20) days nor less than ten (10) days prior to the date for such hearings, in accordance with §43.052 of the Texas Local Government Code. Section 4. Before the date of the first public hearing, the Town Staff is hereby directed to prepare a service plan in accordance with Section 43.056, Tex. Loc. Gov. Code, that provides for the extension of all municipal services provided by the Town to the Land. Section 5. This Resolution shall take effect immediately from and after its passage and approval. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 17th day of March, 1998. , Town of Trophy �, Texas ATTEST: Town Secretary, Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: Town ttorney Town of Trophy Club, Texas UI,res\2parann.res MOM All, NMI i i i STATE OF TEXAS 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 Section 43.028, Texas Loc. Gov. Code, the undersigned respectfully petitions the Town Council of the Town of Trophy Club, Texas (the "Town") to extend the present Town limits so as to include and annex as a part of the Town the Property, and would respectfully show the following: I. The Property is (i) one-half mile or less in width, (ii) contiguous to the Town, and (iii) vacant and without residents or on which fewer than three qualified voters reside. The Property is located entirely within the extraterritorial jurisdiction of the Town. II. Petitioner is the sole owner of the Property, and this Petition is signed and acknowledged by each and every person (whether a corporation, limited liability company, partnership, sole proprietorship, individual, or any other entity recognized in law) having an interest in any part thereof. By this instrument, Petitioner hereby confirms, consents, and certifies that this Petition to Annex constitutes a petition and election on the part of Petitioner, and its successors and assigns in title to such property, for said land and any improvements thereto, to the extent permitted by law, to be assessed for their share of all present and future debts of the Town in the same manner and to the same extent as other lands and improvements within the Town are liable for the Town's debts. IV. The undersigned officer and/or agent of Petitioner is the properly authorized official and has the necessary authority to execute this Petition on behalf of Petitioner, and Petitioner hereby certifies to the Town that any necessary resolutions or other act extending such authority have been duly passed and are now in full force and effect. THEREFORE, Petitioner respectfully prays that this Petition be heard after due notice and that the Town Council grant the Petition and institute annexation proceedings to annex the Property into the Town. RESPECTFULLY SUBMITTED this day of 1998. Beck Properties Trophy Club, L.P., Petitioner )L . v John HWik4epresentative of Petitioner STATE OF TEXAS COUNTY OF DENTON fMDL�e undersign authority, or this day personally ppear d _ of own to me to be the person and offs er who)e name is subscribed to the foregoing instrument, and acknowledged to me that ,_ executed the same for the purposes and co d ra ion therein expressed, as the act and deed of said and in the capacity therein stated. IVENR MY HAND AND SEAL OF OFFICE this the �_ day of vleA-- 1998. TISHA HARRIS IS Votary Public STATE OF TEXAS (SVY Cmisin Expires 07- 28.9 Notary Public, State of Texas 19 ATTACILNLENT A LEGAL DESCRIPTION TRACT ONE 4.20 ACRE TF—ACT BEGu�i?tu iG at Gover -, ment marker no. E-36 for the northeast corner for said Tract No. E -402B, said point of beginning being situated in the south boundary line for a t act of Ia d designate) as Ti -act No. E-405 for said Grapevine Lake; T iCE Scut": 12° SQ' West, 501.50 feet to a Government marker, for the sou- :east cc-ner for said Tract No. E -40"B; THENCE North 890 5c' West, 325 feet to a Government marker for the southwest corner f-ir said Tract ,o. E-4028; THENCE North 00° 02' East, 494 feet (Deed - 483.3 feet) to Government marker CO. -3-c for the north`;,est corner for said Tract No. E -402B; TItiCE along the common line bet,.veen said Tracts Nos. E -402B and E-405, South 89° IT 53" East, 463.13 feet (Deed - North 89° 17' East, 435.30 feet) to the POIi*i i CF BEGIL4NPyG, and containing 4.20 acres, more or less. TRACT TWO 3.80 ACRE TRACT BEING a Lrac: of land situated in the County of EXHIBIT 1 State of Texas, being part BEING Of the a t: -act of lard situated in the County of Denton, Ufa:-� Medlin purvey State of Texas, being part acq"ire b•; the (A-832), and being all of United States of America from J.L. Shockley, a 4.20 acre tract of land by 9 '�!;' I951 and reccrded in Volume 374 at Page II et ux, deed dated of the Deed Records Denton Lake, a.:.d Ccunty, 'eing Texas and being designated as Tract of No. E-4026 for Grapevine No. E -402C for Grapevine Lake, and being more particularly more ^rarticularly described as follows: BEGu�i?tu iG at Gover -, ment marker no. E-36 for the northeast corner for said Tract No. E -402B, said point of beginning being situated in the south boundary line for a t act of Ia d designate) as Ti -act No. E-405 for said Grapevine Lake; T iCE Scut": 12° SQ' West, 501.50 feet to a Government marker, for the sou- :east cc-ner for said Tract No. E -40"B; THENCE North 890 5c' West, 325 feet to a Government marker for the southwest corner f-ir said Tract ,o. E-4028; THENCE North 00° 02' East, 494 feet (Deed - 483.3 feet) to Government marker CO. -3-c for the north`;,est corner for said Tract No. E -402B; TItiCE along the common line bet,.veen said Tracts Nos. E -402B and E-405, South 89° IT 53" East, 463.13 feet (Deed - North 89° 17' East, 435.30 feet) to the POIi*i i CF BEGIL4NPyG, and containing 4.20 acres, more or less. TRACT TWO 3.80 ACRE TRACT BEING a Lrac: of land situated in the County of Denton, State of Texas, being part of the .Mar ,%Iedlin S=iey (A-832), and being all of a 3.80 acre tract of land acquired by the United States of America from J. L. Shockley, et ux, by deed dated 9 July 1951 and recorded in Volume 374 at Page 11 of the Deed Records of Denton Ccur,t;f Texas, and being designated as Tract No. E -402C for Grapevine Lake, and being more particularly described as follows: BEGINNING at a railroad spike, Government marker no. E-32, for the northeast corner fer said Tract No. E -402C, said point of beginning being situated in the corruncn line oeL,veen said Medlin Survey and the [sham C. Belcher Survey (A-30); THENCE along the center line for a road, same being the east boundary line for said Tract Nc. E -402C and the common line between said surveys, South 00° 02' 32" East, 502.61 feet (Deed - South, 503.10 feet) to a railroad spike, Governemnt marker no. E-32-1, for southeast corner for said tract No. E -402C; TFIE1',ICE North 88° 05' 46" West (Deed - North 88° 01' West), 512.80 feet to a Government marker for t ;e southwest corner for said Tract No. E -402C; TI ,�fCE North 000 04' 20" rvest, 149.98 feet (Deed - North 000 01' East, 150 feet) to a Governer:-:r.t marker or the northwest corner for said Tract No. E -402C; THENCE North 56° 49' East, 612.30 feet (Deed - 612.50 feet) to the POINT OF BEGIN ill hiG, containing 3.30 acres, more or less. EXHIBIT 1 nnor, ora (rvo)l A1.uno7 CO 'C3 U a ' U x o a F. o U C4 W v� h z 0 H W Ln a � CJ7 i W� O E, cn W . v. cc �n 0 H c0 U W CD Q ' D a v • a ' o P4 . H Er � V � C!] W Co 0 ccs o •