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RES 1998-09RESOLUTION NO. 98-09 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, GRANTING A PETITION TO ANNEX CERTAIN LAND (11.589 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 May 28, 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 16th day of June, 1998, at 7:00 o'clock p. m., and on the 16th day of June, 1998, at 7:30 o'clock p. in., 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 2nd day of June 1998. bdayor, Town of T ,r,dphy Club, Texas Town Secretary, Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: Z4 To Attorney Town of Trophy Club, Texas U:Ires\l 1.598ann.res 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. II. 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. 1W 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 grants the Petition and institute annexation proceedings to annex the Property into the Town. RESPECTFULLY SUBMITTED this day of PETITIONER: John E. Harbin, presentative of Petitioner STATE OF TEXAS } } COUNTY OF DENTON } EFOR.B , t e undersigned authority, on this day personally appeared of known to me to be the erson whose name is subscribed to the foregoing instrument, and acknowledged to me that executed the samer, t e , purposes and consideration therein expressed, as the act and deed of said and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of 1998. Notary Public, State of Texas a'Y ,- 1 TISHA (( ?oti�* i �ry PUMIC HARRIS ATE OF T£xgg My CCM1n'ZW01.7 `^ E*l88 07.26-98 MAY 2 7 1998 EXHIBIT I i` v --) 1 0 (tc'L LEGAL DESCRIPTION BEING 3 tract or parcei of land out of the U1. MEDLIN —SURVEY ABSTRACT No. 832. in Denton County, Texas, and being 211 of a 11.59 acre tract of land described in deed to LARRY W CARR @r -,d WIFE, recorded Volume 622, Page 604, Deed Records, Denton County, Texas and being rnclre particularly described as follows: BEGINNING at E, 5/'8 inch iron rod found for corner at the Southeast corner of Eagles Ridge, Phase 1, a=id addition to the City of Trophy Club as recorded in Cabinet NJ, Slide 150, Records of Denton County, Texas- Plat THENCE North 00'00'37" East a distance of 586.00 feet to a point for corner; THENCE North 30 - 03-30" East a distance of 284.52 feet to a point for corner; THENCE South 87 '59-15" East a distance of 487.49 feet to a point for corner; THENCE South 00 =12'23" mast 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, > M tp C 17 rr rr rT 0 "I rD rr rr rr (D rD rD ro U) :3 co rQ CO n Cc