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RES 1998-06RESOLUTION 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. m., 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 C1ub,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. 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 7th day of April 1998. ATTEST: t Town Secretary, Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: To)kn Attorney Town of Trophy Club, Texas U Tres\166ann.res March 13, 1998 Ms. Cathy Morgas Town of Trophy Club P&Z Administrator 100 Municipal Drive Trophy Club, TX 76262 Re: - Anne -rations 066 acres, Denton County) Dear Cathy: The intent of this letter is to request the annexation of the above parcel of land into the I 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 jWtj Attachments CO TROPH'l CLU3, TEXAS 76262 • TEL 817430 8992 (METRO) - FAX 817 491 9896 A BECK COMMUNITY PETITION ! ANNEX CERTAIN O THE TOWN OF TROPHY STATE OF TEXAS COUNT TY OF DENI'ON TO THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAJ The undersigned ("Petitioner") is the owner of title to land more particularly es 'bed 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, :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, (ii) contiguous to the Town, and i 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. Petitioner is the sole owner of the Property, and this Petition is signed and icnowledged by each and every person (whether a corporation, limited liability company, -artrership, sole proprietorship, individual, or any other entity recognized in law) having in interest in any part thereof. 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 ssccessors and assigns in title to such property, for said lard and any improvements :aereto, 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 improvements within the Town are liable for the Town's debts. 10 The undersigned officer and/or agent of Petitioner is the properly authorized ciricial 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 e ctending 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 /3 day of_1�l rcj:� , 1998. Beck Properties Trophy Club, L.P., Petitioner John STATE OF TEXAS COUNTY OF DENTON ive of Petitioner BEFORE ME, it e undersigne authority, on this day personally ppear d A %I —�011 of��6� own to me to be the person and offs er who e name is subscribed to the foregoing instrument, and acknowledged to me that U — executed the same for the purposes and c side anon 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 1 1998. HARRIS My comrti2:!'r, a:V= 07-28-63i{ Notary Public, State of Texas N Exhibit A GF -Number 95RO1507 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 Number 17, situated in Denton County, Texas, being all of that tract of land described in deed to INTERNATIONAL BUSINESS MACHINES CORP. as recorded in Volume 1171, Page 463, Deed Records, Denton County, Texas, and being more particularly described as follows: BEGIiNING at a 5/8" iron rod found for corner in the common line of said T. J. Allen Survey, Abstract No. 7 and the M. Medlin Survey, Abstract Number 832 and being in the 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, Dentori 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 4201.89 feet to a 5/8 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 following courses and distances: North 48 degrees 13 minutes 00 seconds East a distance of 264.56 feet to a Corp. of Engineers concrete monument E-4; Vorth 89 degrees 43 minutes 00 seconds East a distance of 399.90 feet to a .orp. of Engineers concrete monument E-5; South 42 degrees 01 minute 00 seconds East a distance of 500.00 feet to a Corp. if Engineers concrete monument E-6; Iorth 32 degrees 45 minutes 00 seconds East a distance of 505.10 feet to a ,orp. of Engineers concrete monument E-7; forth 82 degrees 33 minutes 00 seconds East a distance of 1179.80 feet to a Joint for corner; forth 64 degrees 28 minutes 00 seconds East a distance of 949.80 feet to a oint for corner; HENCE North 21 degrees 50 minutes 30 seconds East a distance of 1535.00 feet o a 5/8 inch iron rod set for corner in the line described in Civil Order Book olume 8, Page 315 and Volume 425, Page 306, Deed Records, Denton County, Texas; Exhibit A (Continued) GF -Number 95RO1507 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 Co . rp. 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 an -le 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 Vest, 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 134.28 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. -e� p Ap K TV\ `ul} ,,�\ ,mai `-'ill :.r %�. A, 70: \ 0 l� A, 70: \ 0