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RES 2014-47TOWN OF TROPHY CLUB � ORIGINAL RESOLUTION NO. 2014-47 A 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 4.5161 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 SAVI MANAGEMENT COMPANY RECORDED IN COUNTY CLERK'S FILE NO. 2011-93004, REAL PROPERTY 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 SAVI Management Company, the owner, (hereinafter the "Landowner") of an approximate 4.5161 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 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 $3,000,000; 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 and 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 Page 1 of 8 annexation of the Property and hereby specifically gives its written consent, as required by Section 54.016 of the Texas Water Code, to the inclusion of the Property identified in Exhibit "A", within MUD1 as requested in the Landowner's Petition, Exhibit "B". Section 3. That this Resolution shall become effective from and after its date of passage in accordance with law. Passed and adopted by the Town Council of the Town of Trophy Club, Texas, this the 13`h day of November, 2014. ATTEST: Page 2 of 8 C. Nick Sanders, Mayor Town of Trophy Club, Texas APPROVED AS TO FORM: A IWj Patricia A. Adams, Town Attorney Town of Trophy Club, Texas EXHIBIT "A" LEGAL DESCRIPTION 4.5161 ACRES Page 3 of 8 "LEGAL DESCRIPTION" WHEREAS SAVI MANAGEMENT COMPANY Is the owner of all the certain lot, tract or parcel of land situated In the J, Henry Survey, Abstract Number 529 In the Town of Trophy Club, Denton County, Texas and being all of a called 4,5161 acre tract of land of land described In a deed to Savl Management Company, as recorded In County Clerk File Number 2011-93004, Real Property Records, Denton County, Texas, the subject tract being more particularly described as follows: BEGINNING at a capped Iron rod set in the South line of Bobcat Boulevard for the Northwest corner of the herein described tract, the Northwest comer of said 4,5161 acre tract and the most Northerly Northeast corner of Lot 1 In Block 1 of Independence Park East, an addition to the Town of Trophy Club according to the plat thereof recorded in Document Number 2011-53, Plat Records. Denton County, Texas; THENCE South 77 degrees 29 minutes 10 seconds East with the South line of said Boulevard and the North line of said 4,5161 acre tract, a distance of 400.25 feet to a capped Iron rod set at the beginning of a curve to the right having a radius of 993.00 feet and a chord be;lring and distance of South 72 degrees 39 minutes 25 seconds East, 167,15 feet; THENCE Southeasterly with the arc of said curve, the South line of said Boulevard and the North line of said 4,5161 acre tract, an arc distance of 167.34 feet to a capped Iron rod set for the Northeast corner thereof and the Northwest corner of Lot 1 In Block 1 of Trophy Club Drive Church Addillon, an addition to the Town or Trophy Club according to the plat thereof recorded in Document Number 2012-219. Plat Records, Denton County, Texas; THENCE South 20 degrees 42 minutes 53 seconds West with the West line thereof and the East line of said 4.5161 acre tract, a distance of 461,26 feet to a 518- iron rod found for an angle point In said line: THENCE South 65 degrees 33 minutes 35 seconds West with the West line of said Lot 1 and the East line of said 4.516.1 acre tract, a distance of 140,13 feet to a capped Iron rod set for the most Southerly corner thereof, the most Westerly Northwest corner of said Lot 1 and being In an East line of said Lot 1 of Independence Park East; THENCE North 00 degrees 30 minutes 56 seconds West with an East line thereof and a West line of said 4.5161 acre tract, a distance of 250,15 feel to a capped Iron rod found for an Inner ell corner thereof and the most Easterly Northeast corner of said Lot 1; THENCE South 89 degrees 31 minutes 54 seconds West with a North line thereof and a South line of said 4.5161 acre tract, a distance of 253,88 feet to a capped Iron rod set for the most Westerly Southwest corner thereof and an inner ell corner of said Lot 1: THENCE North 00 degrees 31 minutes 17 seconds West with an East line thereof and a West line of said 4,5161 acre tract, a distance of 377.92 feet to the PLACE OF BEGINNING and enclosing 4.52 acres of land more or less. Page 4 of 8 EXHIBIT "B" PETITION TO ANNEX CERTAIN LAND INTO TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 Page 5 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 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, Texas for its written consent for the annexation of the Property into the Trophy Club Municipal District No. 1 (the "District") and would respectfully show the following: I. The Property proposedo be included within the Trophy Club Municipal Utility District No. I contains approximately4.� 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. II. Petitioner is the sole owner of the Property. The Property currently receives water and wastewater service from the District through consent of the Town Council. At 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. Page 6 of 8 THEREFORE, the Petitioner respectfully requests consent to the annexation of the Property into the District. RESPECTFULLY SUBMITTED this Z /l..day of o -'2014. MAW A -e PROP OWN RAL NAME By. r -S --T) "i SIGNATtV OF PROPERTY OWNER Title: M a TITLE STATE OF TEXAS § COUNTY OF DENTON § Before me, the undersigned authority, on this day personally appeared Sfl J7" `J- S M of EA V t - , known to me to be the person and officer whose name is subscribed 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 3,9 vs 144UA66/nz-,P and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this th 2--*tday of 0 Cjo �✓ 2014. Seal Notary, State of Texas Cej�-1 Ommmbo 1212012017 Page 7 of 8 EXHIBIT "1" WHEREAS SAVI MANAGEMENT COMPANY Is the owner of all the certain lot, tractor parcel of land slluated In the J. Henry Survey, Abstract Number 529 In the Town of Trophy Club, Denton County, Texas and being all of a called 4,5161 acre tract of land of land described In a deed to Savl Management Company, as recorded In County Clerk File Number 2011-93004, Real Property Records, Denton County, Texas, the subject tract being more particularly described as follows; BEGINNING at a capped Iron rod set in the South line of Bobcat Boulevard for the Northwest corner of the herein described tract, the Northwest comer of said 4,5161 acre tract and the most Northerly Northeast corner of Lot 1 In Block 1 of Independence Park East, an addition to the Town of Trophy Club according to the plat thereof recorded In Document Number 2011-53, Plat Records, Denton County, Texas; THENCE South 77 degrees 29 minutes 10 seconds East with the South line of said Boulevard and the North line of said 4,5161 acre tract, a distance of 400.25 feet to a capped Iron rod set at the beginning of a curve to the right having a radius of 993.00 feet and a chord bearing and distance of South 72 degrees 39 minutes 25 seconds East, 167.15 feet; THENCE Southeasterly with the arc of said curve, the South line of said Boulevard and the North line of said 4,5161 acre tract, an arc distance of 167.34 feet to a capped Iron rod set for the Northeast corner thereof and the Northwest comer of Lot 1 In Block 1 of Trophy Club Drive Church Addition, an addition to the Town of Trophy Club according to the pial thereof recorded in Document Number 2012-219, Plat Records, Denton County, Texas; THENCE South 20 degrees 42 minutes 53 seconds West with the West line thereof and the East line of said 4.5161 acre tract, a distance of 461,26 feet to a 5/8" iron rod found for an angle point In said line; THENCE South 65 degrees 33 minutes 35 seconds West with the West line of said Lot 1 and the East line of said 4.5161 acre tract, a distance of 140,13 feel to a capped Iron rod set for the most Southerly comer thereof, the most Westerly Northwest comer of said Lot 1 and being In an East line of said Lot 1 of Independence Park East; THENCE North 00 degrees 30 minutes 56 seconds West with an East line thereof and a West line of said 4.5161 acre tract, a distance of 250,15 feet to a capped Iron rod found for an inner ell comer thereof and the most Easterly Northeast corner of said Lot 1; THENCE South 89 degrees 31 minutes 54 seconds West with a North line thereof and a South line of said 4.5161 acre tract, a distance of 253,88 feet to a capped Iron rod set for the most Westerly Southwest comer thereof and an inner ell comer of said Lot 1; THENCE North 00 degrees 31 minutes 17 seconds West with an East line thereof and a West line of said 4,5161 acre tract, a distance of 377.92 feel to the PLACE OF BEGINNING and enclosing 4.52 acres of land more or less. 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