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ORD 1998-134461 UR1 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 9 8 -13 AN ORDINANCE OF THE TOWN OF TROPHY CLUB TEXAS, PROVIDING FOR THE ANNEXATION OF CERTAIN TERRITORY CONSISTING OF A 166 ACRE TRACT OF LAND AS DESCRIBED BY METES AND BOUNDS HEREIN WHICH TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LITNUTS OF THE TOWN OF TROPHY CLUB, TEXAS; PROVIDING AN EFFECTIVE DATE, WHEREAS, on March 13, 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 Exhibit A; and WHEREAS, pursuant to §43.023, Tex. Loc. Gov. Code, the Town Council heard the Petition and the arguments for and against the annexation and granted the Petition by the adoption of Resolution No. 98-06 ,which Resolution called for public hearings and the issuance of notices regarding the proposed annexation; and WHEREAS, public hearings before the governing body of the Town of Trophy Club, Texas, where all interested persons were provided with an opportunity to be heard on the proposed annexation of the territory described in Exhibit B attached hereto and incorporated herein, were held on the 5th day of May, 1998, at 7:00 p.m. and 7:30 p.m. in the Muuicipal Building, 100 Municipal Drive, Trophy Club, Texas, said dates being after the 40th day but before the 20th day before the date of the institution of annexation proceedings; and WHEREAS. notice of such public hearings was published in a newspaper having general circulation in the Town of Trophy CIub, Texas and in the territory described in Exhibit B on the 21 st of April, 1998, the said date of publication being on or after the 20th day but before the l 0th day before the date of the respective hearing for which the notice was published; and WHEREAS, the territory described in Exhibit B lies adjacent to and adjoins the present boundaries of the Town of Trophy Club, Texas; and WHEREAS, the Town Council does hereby find that the annexation into the Town of the territory described in Exhibit B is in the best interest of the health and welfare of the citizens of the Town of Trophy Club. NOW THEREFORE, BE IT ORDAINED BY THIE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. 446{ U U Z b U The above recitals are hereby found to be true and correct and incorporated herein for all purposes. Section 2. The land and territory more specifically described by Exhibit B attached hereto and incorporated herein and containing a 166 acre tract, which territory is adjacent to and adjoining the present boundaries of the Town of Trophy Club, Texas and within its extraterritorial jurisdiction, is hereby added and annexed to the Town of Trophy Club, Texas, and said territory as described above shall hereafter be included within the boundary limits of the Town of Trophy Club, Texas, and the present boundary limits of the Town at the various points contiguous to the area as described above, are altered and amended so as to include said area within the corporate Iunits of the Town. The Town Staff is hereby directed to cause the map of the boundaries of the Town to be amended to reflect the annexation of the territory herein described and to file a copy of the said map as amended with any appropriate persons or entities. Section 3. The above described territory and the acres so annexed shall be a part of the Town of Trophy Club, Texas, and the inhabitants thereof, if any, shall be entitled to all of the rights and privileges of all citizens and shall be bound by the acts, ordinances, resolutions and regulations of the Town of Trophy Club, Texas. Section 4. The service plan for the area described above which was made available for public inspection at the public hearings is hereby approved with a copy of said plan being attached hereto and incorporated herein for all purposes and labeled Exhibit C. Section 5. This Ordinance shall take effect from and after its date of adoption in accordance with Iaw. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 2nd day of June, 1998. ATTEST; Town Secretary, Town of Trophy Club, Texas APPROVE TO FORM; Town Attorney, Town of Trophy Club, Texas 1) , Town of Pophy CIub, Texas 4461 002811�� �r�S PETITION TO ANNEX CERTAIN LAINTD INTO THE TOWN, OF TROPHY CLUB STATE OF TEXAS COUNTY OF DENTON TO TPM TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TE�4S: The undersigned ("Petitioner") is the owner of title to land more particularly �escr*bed in the attached Exhibit 1 (the "Property") which is located within Denton County, Texas. Acting pursuant to provisions of Section 43.025, Texas Loc. Gov. Code, :he 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,n contiguous to the Town, and -iii) vacant and without residents or on which fewer than three qualified voters reside. T'ne Property is located entirely within the extraterritorial jurisdiction of the Town. Q 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, ;artnership, sole proprietorship, individual, or any other entity recognized in law) having :.n interest in any part thereof. no 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 kiccessors and assigns in title to such property, for said land and any improvements taereto, to the extent permitted by law, to be assessed for their share of all present and mature debts of the Town in the same manner and to the same extent as other lands and anprovements within the Town are liable for the Town's debts. IV. The undersigned officer and/or agent of Petitioner is the properly authorized cfciai 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 amending such authority have been duly passed and are now in full force and effect. 4401 UUCQr- 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 SUBrYn- TED this 13 day of a rcI 1998. Beck Properties Trophy Club, L.P., Petitioner John Har'I 41t-lepresenLtive ofPetitio r STATE OF TEXAS COUNTY OF DENTON BEFORE ME- te undersigneauthority, on this day personally appeared of own to me to be the person and off5i er who a name is subscribed to the foregoing instrument, and acknowledged to me that dL, executed the same for the purposes andc side ation therein expressed, as the act and deed of said )_. and in the capacity therein stated. GIVEN/ ER MY HAND AND SEAL OF OFFICE this the day of 1998. rj4H;r, HARRIS , •. ?'7t ry Pubila Y tit ,^.57Z �� TEYAS ~}err s� °�~}• 34y C��rtr :Gifoa C7�28-C2 1 / Notary Public, State of Texas N 4401 UUCf3J TROPHY C L U g March 13, 1998 Nis. Cathy Niorgas Town of Trophy Club P&Z Administrator 100 Municipal Drive Trophy Club, TX 76262 Re: - Anne carians (166 acres, Denton County) Dear Cathy: The intent of this letter is to request the annexation of the above parcel of land into the Town of Trophy Club. Attached is the legal description and a site map showing the location. I appreciate your promptness to stay on top of this process. Vice President of Development THltj Attachments 1CC T3GP;:'! CL•J3 CIPIVE TROPHY CLUB, TEXAS 76262 • TEL 817430 8992 (METRO) a FAX 8174QI 9896 A BECK COjNIbIUIVITY 4461 UOZU4 ExhibLr A _ GF -Number 95801507 BEING a tract or parcel of land in the T. J. ALLEN SURVEY, Abstract Number 7, the T. J. ALLEN SURVEY, Abstract Number 8 and the R. ALLEN SURVEY, Abstract Plumber 17, situated in Denton County, Texas, being all of that tract of land described in deed to Ii1TERPiATIONAL BUSINESS MACHIDJES CORP. as recorded in Volume 1171, Page 463, Deed Records, Denton County, Texas, and being more Particularly described as follows; BECINPfING at a 5/8" iron rod found for corner in the common line of said T. J. Allen Servey, Abstract No. 7 and the U. Medlin Survey, Abstract Plumber 832 and being in r_he West line of a tract of land described to the United States of America in Final Judgment in Civil Court referenced as Tract E -404 -recorded in Volume 4, Page 565, Denton County Records, said point being in a Marshall Creek Road (an undetermined width paved Public Road); THENCE South 89 degrees 45 minutes 30 seconds West, within said Marshall Creek Road, a distance of 420L.89 feet to a 5/6 inch iron rod set for corner in the East line of tract of land described to Beck Properties Trophy Club, L.P,; THENCE Due North, with the East line of said Beck Properties Trophy Club, L.P. tract, a distance of 1185.30 feet to a 5/8 inch iron rod ,found for corner in the Southern line of Lake Grapevine as recorded in Volume 425, Page 306, Deed Records, Denton County, Texas; THENCE along: the Southern line of said Lake. Grapevine, the and distancesfollowing course s North 48 degrees 13 minutes 00 seconds East a distance of 264.56 feet to a Corp. of Engineers concrete monument E-4; North 89 degrees 43 minutes 00 seconds East a distance of 399.90 feet to a Corp. of Engineers concrete monument E-5; South 42 degrees OL minute 00 seconds East a distance of 500.00 feet to a Corp. of Engineers concrete monument E-6; North 32 degrees 45 minutes 00 seconds East a distance of 505.10 feet to a Corp. of Engineers concrete monument E-7; North 82 degrees 33 minutes 00 seconds East a distance of 1179.80 feet to a Point for corner; North 64 degrees 28 minutes 00 seconds East a distance of 949.80 feet to a point for corner; THENCE North 21 degrees 50 minutes 30 seconds East a distance of 1535.00 feet to a 5/8 inch iron rod set for corner in the line described in Civil Order Book Volume 8, Page 315 and Volume 425, Page 306, Deed Records, Denton County, Texas; I --c 4461 00285 • a• 1 .fit • - . -•--•-__� c, kLon�-znuee) 4 4 6 Ir `u'0G29&61507 THENCE South 02 degrees 49 minutes 39 seconds East a distance of 809.63 feet to Corp. of Engineers concrete monument E-54 found for corner; THENCE South 81 degrees 47 minutes 00 seconds East a distance of 129.90 feet to Corp. of Engineers concrete monument E-53 found for corner; THENCE South 81 degrees 49 minutes 00 seconds East a distance of 77.70 feet to a 5/8 inch iron rod set for corner at an angle point in the Western line of a tract of land described to Harold D. Shanklin in Denton County Clerks File Number 93-0035404; THENCE South 02 degrees 32 minutes 00 seconds West, along the western line of said Harold D. Shanklin tract, a distance of 613.30 feet to a 5/8 inch iron rod set corner at the Southwest corner of said Harold D. Shanklin tract; THENCE South 86 degrees 35 minutes 56 seconds East, along the South line of said Harold D. Shanklin tract, a distance of 184.28 feet to a Corp. of: Engineers concrete monument E-50 found for corner in the west line of said United States of America tract by Final Judgment in Civil Court referenced as Tract E-404; THENCE South 00 degrees 06 minutes 11 seconds West, with the western line of said United States of America tract by Final Judgment in Civil Court referenced as Tract E-404, a distance of 1924.46 ,Feet to the POINT OF BEGINNING and containing 165.9995 acres of land, more or less. 4461 00287 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO, 98-06 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, GRANTING A PETITION TO ANNEX CERTAIN LAND 166 ACRES AS DESCRIBED HEREIN INTO THE TOWN FILED BY JOHN HARBIN, BECK PROPERTIES INC. 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 13, 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 5th day of May, 1998, at 7.0 0 o'clock p. in., and on the 5th day of May 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 1 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. AM* 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, Ter. 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 passa;e and approval. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 7th day of April 1998. ,---Oayo ,.Town ofTrophTdub, Texas ATTEST: -�✓- ted" /� .� ° Town Secretary, Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: To Attorney Town of Trophy Club, Texas G:Jres1166annxes s � ,�i `�' TOWN OF TROPHY CLUB, DENTON COUNTY, TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION CASE NO. 98-02 ACREAGE ANNEXED: 166 acres, as described in the Ordinance (the " Property ") Municipal services to the acreage described above shall be furnished by or on behalf of the Town of Trophy Club, Texas, at the following levels and in accordance with the following schedule: A. POLICE SERVICES: I • Patrolling, responses to calls, and other routine police services, within the limits of existing Personnel and equipment, will be provided within 60 days of the effective date of annexation. ?. As development and construction commence within this area, sufficient police personnel and equipment will be provided to continue to furnish this area the level of police services consistent with police services available in other parts of the Town with land use Population densities similar to those projected in the annexed area. s and D. FIRE SERVICES: 1. The Town does not provide fire protection, that service is provided to other areas of the Town by a municipal utility district (Trophy Club Municipal Utility District No. 1 or Trophy Club Municipal Utility District No. 2). In order to receive fre protection from the municipal utility district, the Property will need to be annexed into a municipal utility district. Provided, however, that it is the Town's understanding that fire protection by the present personnel and the present equipment of the fire department of the municipal utility district, within the limitations of available water and distances from existing fire stations, will be provided to this area within 60 days of the effective date of annexation. 2. As development and construction commences within this area, it is anticipated that the municipal utility district will provide sufficient fire personnel and equipment will be provided to continue to furnish this area the Ievel of fire services consistent with fire service available in other parts of the Town with land uses and population densities similar to those projected in the annexed area. C. HEALTH AND CODE COTMPLIANCE SERVICES: 1• Enforcement of the Town's health ordinances and regulations including, but not limited to, weed and brush ordinances junked and abandoned vehicle ordinances, and animal control ordinances, shall be provided within the Property on the effective date of the annexation ordinance - These ordinances and regulations will be enforced through the use of existing personnel. 4461 UH9U Complaints of ordinance or regulation violations within the Property will be responded and investigated by existing personnel beginning with the effective date of the annexation ordinance. ?. The Town's building, plumbing, electrical, and all other construction codes will be enforced within the Property beginning with the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 3. The Town's zoning, subdivision, and other ordinances shall be enforced in the property beginning on the effective date of the annexation ordinance. 4. All inspection services famished by the Town of Trophy Club, but not mentioned above, will be provided to the Property beginning on the effective date of the annexation ordinance. Buildings or structures, as defined in the Comprehensive Zoning Ordinance, under construction on the effective date of annexation shall be exempted from these inspections for that building or structure under construction. As development and construction commence within the Property, sufficient personnel will be provided to continue to furnish this area the same level of health and code compliance services as are furnished throughout the Town. D. PLANNING AND ZONING SERVICES: I • The planning and zoning jurisdiction by the Town will extend to the Property on the effective date of the annexation ordinance. Town planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the Town's Comprehensive Plan and Comprehensive Zoning Ordinance. E. RECREATION AND LEISURE SERVICES: 1. Residents of the Property may utilize all existing recreational and Ieisure services facilities and sites throughout the Town beginning with the effective date of the annexation ordinance. 2. Existing parks, playgrounds, swimming pools and other recreation and leisure facilities within the Property shall, upon dedication to and acceptance by the Town, be maintained and operated by the Town of Trophy Club. F. SOLID WASTE COLLECTION: I. Solid waste collection shall be provided to the property owner in accordance with existing Town policies as to frequency and charges, beginning within 60 days of the effective date of annexation. G. STREETS: 1. The Town of Trophy Club's existing policies with regard to street maintenance, applicable throughout the entire Town, shall apply to this property beginning within 60 days of the effective date of the annexation ordinance. 2. As development, improvements or construction of streets to the Town standards commence within the Property, the policies of the Town of Trophy Club with regard to impact fees and participation in the cost thereof, acceptance upon completion, and maintenance after completion; shall apply. J. The same level of maintenance shall be provided to streets within the Property that have been accepted by the Town of Trophy Club as is provided to like Town streets throughout the Town. H. WATER SERVICES: Water supply is provided to the Town through municipal utility districts. It is the Town's understanding that, in the event the Property is annexed into a municipal utility district, connection to existinc water mains for water services for use within the Property, will be provided in accordance with existing policies of the municipal utility district. It is further the Town's understanding that all capacity necessary to provide water service to the Property, and all lines necessary for the Property to tie into the existing water system of a municipal utility district, are already available, and that the owner of the Property will not request the expenditure by either the Town or a municipal utility district of public funds to construct or acquire additional capital improvements to provide water service to the Property. 2. Private water lines within this property shall be maintained by their owners. I. SANITARY SEWER SERVICES: 1 Sanitary sewer supply is provided to the Town through municipal utility districts. It is the Town's understanding that, in the event the Property is annexed into a municipal utility district, connection to existing sanitary sewer mains for sewer services for use within the Property, will be provided in accordance with existing policies of the municipal utility district. It is further the Town's understanding that all capacity necessary to provide sanitary sewer service to the Property, and all lines necessary for the Property to tie into the existing sanitary sewer system of a municipal utility district, are already available, and that the owner of the Property will not request the expenditure by either the Town or a municipal utility district of public funds to construct or acquire additional capital improvements to provide sanitary sewer service to the Property. J. PUBLIC UTILITIES: 1. Other public utilities will be provided by the Town's franchisee or a provider holding a certificate of convenience issued by the state to serve that area. K. N HSCELLA.NEOUS: General municipal administration services of the Town shall be available to the annexed area beginning with the effective date of the annexation ordinance.