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RES 1998-03PETITIONER PULLED OUT OF MAY 2811998 JUNE 2, 19 9 8 BY RESOLUTION NO. 98-09 RESOL UTION NO. 98-03 RESOLUTION OF ! COUNCIL Properties,TOWN OF TROPHY CLUB, TEXAS, GRANTING A PETITION TO ANNEX CERTAIN LAND (DESCRIBED HEREIN) INTO THE TOWN FILED BY,T,h, W;;rhjn 'Peck for the 12 (a t i t i n -n i- , AND SETTING A DATE, TIME AND PLACE FOR PUBLIC HEARINGS ON THE PROPOSED ANNEXATION OF THAT LAND BY THE TOWN OF TROPHY CLUB, AUTHORIZING THE TOWN SECRETARY TO PUBLISH NOTICEOF PUBLIC HEARINGS; PROVIDING AN EFFECTIVE DATE. WHEREAS, on February , 7 , 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 §43.028, 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 TOWIN OF i 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 3rd day of March 1998, at 7:00 o'clock p. in., and on the 17th day of March 1998, at 7:00 o'clock — p. 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. 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. -1- DOC N: 574760 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 February, 1998. Mayor, Town of Trophy Club, Texas ATTEST: Town Secretary, Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: i 4 own 4orney, Town of Trophy Club, Texas DOC k: 574760 IMONNIN i I I; • O I G '. 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. H. 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. M. 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. M 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. Donna Leispic, Petitioner John Harbi epresentative of Petitioner STATE OF TEXAS COUNTY OF DENTON ikBEF RE , the undersigned authority, on this day personally ap ear ,d o4 e� of kn wn 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 a d nsi er tion therein expressed, as the act and deed of said and in the capacity therein stated. VEN UNDER MY HAND AND SEAL OF OFFICE this the day of ---.)1998. �to'60 4 Notary Public, St of Texas 19 TiCNr HARRIS r' A Public .;+,',T«, iz- OF TEXT Ike Y' r''F or tE4p My Y Caumnazioc Expires 07-28-98 �to'60 4 Notary Public, St of Texas 19 R1/, LEGAL DESCRIPTION BEING a tract or parcel of land ()Ut of the M. MEDLIN SURVEY ABSTRACT No. 832, in Denton County, Texas, and being all of @ 11.59 acre tract of land described in deed to LARRY W. CARR and WIFE, recorded Volume 622, Page 604, Deed Records, Denton County, Texas and being rn(-?re particularly described as follows: BEGINNING ata 5/8 inch iron rod found for corner at the SOLItheast corner of Eagles Ridge, Phase 1, and addition to the City of Trophy Club-1'as recorded in Cabinet M, Slide 150, Plat Records of Denton County, Texas: THENCE North 00'00':37" East a distance of 586,00 feet to a point for corner; THENCE North 30 03'3(D,- East a distance of 284.52 feet to a point for corner, THENCE South 8, '59'15" East a distance of 487.49 feet to a point for corner; THENCE South 00 12'23" East a distance of 819.03 feet to a point for corner; THENCE North 89-38'53" West a distance of 632.77 feet to the POINT OF BEGINNING and containing 11.5890 acres of land, more or less. February 10, 1998 Town Council Town of Trophy Club 100 Municipal Drive Trophy Club, TX 76262 Re: 11.598 Acres, Denton County, Texas Dear Town Council: This letter shall serve as authorization for John Harbin to represent me as owner for the annexation, zoning and plating for the above referenced property. Thank you for your cooperation. Sincerely, Donna Leispic Property Owner w I N ty �-, Lj, 1U. c b�o U co C Cl 0 r - U 00 00 (n all C -j CO C7, 0 0 0 w U 3-+ "o < a, TJ cn. 0 0 0 0 4J cz 0 m 43 co C. cz .rA 0 w w L64 -w 0 cz 0 44 (D O 4-j cz to u > w .,j :n 4j v w a) :n CIL rL4 04 P. -<