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RES 1990-04TOWN OF TROPHY CLUB RESOLUTION NO. R 9()-()1, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS DECLARING THAT THE STREETS AND ROADWAYS LISTED ON EXHIBIT "A" WHICH ARE LOCATED WITHIN THE TOWN LIMITS AND USED BY THE GENERAL PUBLIC ARE PUBLIC ROADS AND HIGHWAYS; PROVIDING AN EFFECTIVE DATE WHEREAS, certain streets and roadways within the Town of Trophy Club, Texas have previously been platted as streets and roadways but have never been expressly dedicated to the public; and WHEREAS, it became necessary to determine whether such streets and roadways had been dedicated to the public by implication in order to determine whose responsibility it was to maintain such streets and roadways; and WHEREAS, after public notice was given, the Town Council conducted a public hearing at which all interested persons were invited to attend and given an opportunity to speak concerning whether the streets and roadways (the "Streets") listed on Exhibit "A" attached hereto and incorporated herein, located within the corporate limits of the Town have become public through implied dedication; and WHEREAS, the administrative staff of the Town has reviewed and investigated the nature, extent and circumstances of use of the Streets as public streets and rights of way and has heretofore concluded and reported to the Town Council that the Streets have been utilized and traveled upon by the general public for many years, have long been regarded by the community as public roads and form a part of the network of streets and roadways within the Town of Trophy Club; and WHEREAS, no testimony, correspondence or petitions submitted by property owners adjacent to the Streets, citizens of the Town or the general public during or prior to said public hearing or the adoption of this Resolution have contested or challenged said findings or conclusions; and WHEREAS, the Town Council of the Town of Trophy Club finds and determines that no property owner adjacent to the Streets has attempted to prohibit passage over the Streets by the use of barricades, chains or fences which would question any implied dedication; and WHEREAS, the Town Council of the Town of Trophy Club finds and determines that no one has ever sought or thought it necessary to seek permission from any property owner adjacent to any of the Streets for public travel thereon; and WHEREAS, the Town Council of the Town of Trophy Club finds and determines that the use by the general public of the Streets has been uninterrupted and unencumbered for many years. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That all of the above premises are found to be true and correct and are incorporated into the body of this Resolution as if copied in their entirety. Section 2. That the Streets, which are part of the network of streets and roadways within the Town of Trophy Club, are hereby declared to be and are accepted by the Town Co.unci.1, as public roads which are open for uninterrupted use and travel by the general public and are subject to being maintained, repaired, constructed and improved by the Town of Trophy Club, Texas. This declaration shall include acceptance of any streets or roadways that have heretofore been expressly dedicated to the public. Section 3. That acceptance of the Streets by the Town Council shall in no way guarantee that maintenance of the Streets will be performed by the Town in any specific manner or within any specific time period. The Town Council shall be the sole determiner of type, quality, quantity and timing of maintenance work to be performed with respect to the Streets. Section 4. That the Town Secretary shall be authorized to file this Resolution of declaration in the plat records of Tarrant County, Texas. Section 5. That this Resolution shall become effective immediately from and after its adoption and it is so resolved. PASSED AND APPROVED this the 17th day of July 1990. Mayor �own of Tr by Club, Texas ATT T ow Secretary, Town 0�-' Trophy Club, Texas [SEAL] APPROVED AS TO FORM: Town Attorney, Town of Trophy Club, Texas 0718X -2- EXHIBIT "A° SECTION 8 CROOKED CREEK COURT CREEK COURTS DRIVE ROARING CREEK COURT RUSHING CREEK COURT ' —BROOK CREEK COURT -`-_- NARROW CREEK COURT WINDING CREEK COURT STRAIGHT CREEK COURT OAKMONT DRIVE (as it exists within Section B° extending from Creek Courts Drive for one lot to the north) Oak Hill Drive Hilltop Oak Village Court Oak Village Lane