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RES 1998-04TOWN OF TROPHY CLUB, TEXAS A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS GRANTING A PETITION FOR THE INCLUSION OF CERTAIN LAND INTO TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2.; PROVIDING AN EFFECTIVE DATE. WHEREAS, Trophy Lake, Ltd. has filed with the Town of Trophy Club, Texas (the "Town") a Petition requesting the Town's consent that certain land comprising approximately Thirty seven and 17/100 O .170) acres (the "Land"), a metes and bounds description of which is attached hereto as Exhibit A and incorporated herein, be included in and annexed into the Trophy Club Municipal Utility District No. 2 (the "District"); and WHEREAS, Trophy Lake, Ltd. is the sole owner of the Land, which Land is located adjacent and contiguous to property presently located within the geographical boundaries of the District; and WHEREAS, the District has provided, at its own expense, and now owns, operates, and maintains, facilities for processing and distributing a supply of surface water and subsurface water and at the present time is qualified to furnish and deliver treated water to the area contained within the District; and WHEREAS, the District has heretofore received a petition from Trophy Lake, Ltd. requesting annexation of the Land, and the District has expressed its desire to annex the Land; and WHEREAS, it is deemed to be in the best interest of both the Town and Trophy Lake, Ltd. that the Land be annexed into the District so as to have a supply of treated water to the Land and sanitary sewer services available to the Land; and WHEREAS, the granting of the Petition will result in providing more orderly development and use of the Land and will promote and protect the general health, safety, and welfare of _the citizens of the Town of Trophy Club. NOW, 1 •RE, BE IT RESOLVED BY THE TOWN COUNCIL OF TOWN OF TROPHY Section 1. Incorporation of premises. That the premises set forth above are true and correct and are incorporated herein and made a part hereof for all purposes. Section 2. Approval of Petition. Attached to this Resolution and made a part hereof is a Petition requesting the Town of Trophy Club's consent that the Land described in Exhibit 1 DOC #: 545444 attached hereto and incorporated herein be included in the Trophy Club Municipal Utility District No. 2. The said Petition is hereby approved and granted. Section 3. Effective date. This Resolution shall take effect from and after its date of adoption. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this 17th day of February 1998. ATTEST: Town Secretary, Town of Trophy Club, Texas F."I • • • ' Town Att ey, Town of Trophy Club, Texas N DOC N: 545444 Ma or, Town of Trophy Club, Texas PETITION TO ANNEX CERTAIN LAND INTO TROPHY CLUB MUNICIPAL. UTILITY DISTRICT NO. 2 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. 2 (the "District") and would respectfully show the following: I. The Property proposed to be included within the Trophy Club Municipal Utility District No. 2 contains approximately 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 general nature of the work to be done by the District in the Property, at the present time, is the construction, acquisition, maintenance and operation of a waterworks and sanitary sewer system for domestic and commercial purposes. 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 an adequate waterworks and sanitary sewer system. The health and welfare of the present and future users of the area and of territory adjacent thereto require the construction, acquisition, maintenance and operation of an adequate waterworks and sanitary sewer system. The area will be developed as part of a single-family residential subdivision. A public necessity therefore exists for the annexation of the property into the District in order to provide for the construction, extension, -1- DOC k: 545444 improvement, maintenance and operation of such waterworks and sanitary sewer system, so as to promote the purity and sanitary condition of the state's waters and the public health and welfare of the community. THEREFORE, the Petitioner respectfully requests consent to the annexation of the Property into the District. RESPECTFULLY SUBMITTED this 3L 57 day of STATE OF TEXAS § COUNTY OF DENTON § TROPHY LAKE, LTD. By: BRISCOE CLARK, INC., its general partner By: Title: , 1997. BEFORE ME, the undersigned authority, on this day personally appeared ize�-( of BRISCOE CLARK, INC., general partner of Trophy Lake, Ltd., known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that executed the same for the purposes and consideration therein expressed, as the act and deed of said Briscoe Clark, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 9� day of 1997. oeac0000 ocoa�ocooc� :'- DONNA M. SECKLER 1'40tar11 PItlic, state of Texas 1;, My Commission Expires 05-18.99 �CcccGOGO�Gt�tX DrK,ptycr�c j� -2- DOC #: 545444 Z 2 1 ?t�_e� Notary Public, State of Texas