RES 2007-25TOWN OF TROPHY CLUB
RESOLUTION NO. 2007-25
A RESOLUTION OF THE TOWN OF TROPHY CLUB, TEXAS
PROVIDING THE WRITTEN CONSENT OF THE TOWN COUNCIL OF
THE TOWN OF TROPHY CLUB TO THE INCLUSION OF AN
APPROXIMATE 92.655 ACRES OF LAND, T. CALAWAY SURVEY, N-
272, ABSTRACT N. 704 AND THE J-HENRY SURVEY, ABSTRACT N.
529, (BYRON NELSON HIGH SCHOOL SITE) LOCATED WITHIN
THE EXTRATERRITORIAL JURISDICTION OF THE TOWN OF
TROPHY CLUB, TEXAS ("THE PROPERTY") TO BE ANNEXED INTO
AND THEREAFTER INCLUDED WITHIN THE BOUNDARIES OF
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2; PROVIDING
THE TERMS OF CONSENT AS AUTHORIZED BY STATE LAW; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Chapter 54 of the Texas Water Code, the owners
("Landowners") of approximately 92.655 acres of Medlin Survey, N-272, N-529 and N-
704 (Byron Nelson High School Site) located within the extraterritorial jurisdiction of the
Town of Trophy Club. Texas (the "Town') wish to be annexed into and have included
within the boundaries of Trophy Club Municipal Utility District No. 2 ("hereinafter "MUD2"
or "District") the land more particularly described in Exhibit "1 and 2" a copy of which is
attached hereto and incorporated herein for all purposes (the "Property"); and
WHEREAS, because the Property is located within the Town's extraterritorial
jurisdiction (hereinafter "ETJ") Section 42.042 of the Texas Local Government Code and
Section 54.016 of the Texas Water Code require that MUD2 obtain the written consent
of the Town prior to the annexation of the Property into MUD2; and
WHEREAS, the general nature of the work to be done by the District is the
construction and acquisition of a waterworks and sanitary sewer collection and drainage
systems and
WHEREAS, the Town Council of the Town of Trophy Club determines it
appropriate to adopt this Resolution authorizing consent to the inclusion of the Property
into MUD2 as set forth herein and subject to the conditions of consent contained in
Exhibit "3", a copy of which is attached hereto and incorporated herein for all purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. That the matters set forth in the preamble hereof are true and
correct are hereby adopted.
Section 2. That the Town Council of the Town of Trophy Club hereby
specifically gives its .written consent, as required by Section 54.016 of the Texas Water
Code, to the inclusion of the Property, Exhibit "I and 2", within MUD2.
Section 3. That the Town Council of the Town of Trophy Club hereby specifically
imposes the conditions set forth in Exhibit "3" attached hereto and made a part hereof
for all purposes.
Section 4. That, this Resolution shall become effective from and after its date of
passage in accordance with law.
Passed and adopted by the Town Council of the Town of Trophy Club, Texas,
this the 12th day of November, 2007. -
Mayor, Nick Sanders
Town of Trophy Club, Texas
ATTEST:
APPROVED AS TO FORM:
32 tir cr QOf , $!I~MI,~ ,dl
Town Attorney
Town of Trophy Club, Texas
[SEAL]
Exhibit "1"
Legal Description
Northwest Independent School District is the sole owner of a tract of land, Being 92.655
acres of land located in the T. Caiaway Survey. Abstract No. 272, the T. Kelly Survey,
Abstract No. 704, and the J. Henry Survey, Abstract No. 529, Denton County, Texas,
being the tract of land described in the deeds to Northwest independent School District
(Northwest Independent School District "NWISD), recorded in lnstrument Nos. 2004-
52882, 2005-56133, and 2005-56134, Deed Records, Denton County, Texas. Said
92.655 acres of land being more particularly described as follows:
BEGINNING at a 112" iron rod stamped "McCullah" found at the most Westerly
Northwest comer of said NWISD tract recorded in instrument No. 2004-52882, being
the Northeast comer of Lot 22, Block L, Green Acre Estates, 2nd Section, an addition to
Denton County, Texas, according to the plat recorded in Volume B, Page 250, Plat
Records, Denton County, Texas;
THENCE N89"32'20"E, along the most Westerly North line of said NWlSD tract
recorded in lnstrument No. 2004-52882 a distance of 363.50 feet to a 80d nail found at
the Northwest comer of the Save and Except Tract 1 as described in the deed to
NWISD in said instrument No. 2004-52882;
THENCE S00"27'22E, along the West line of sald Save and Except Tract 1, at a
distance of 255.57 feet passing the Southwest corner of said Save and Except Tract I,
also being the most Westerly Northwest comer of a tract of land described in the deed
to C Oil Investments. LTD. recorded in Instrument No. 2005-56135. Deed Records,
Denton County, Texas, in ail a total distance of 295.57 feet to a 112' iron rod stamped
"Beasley RPLS 4050" set at the Southwest comer of said C Oil Investments, LTD tract;
THENCE along the South. East, and North lines of said C Oil investments, LTD tract the
following courses and distances:
1. N89"33'02"E, a distance of 410.61 feet to a 112" imn rod stamped "Beasley
RPLS 4050"set;
2. NOW26'58"W. a distance of 295.62 feet to a 112" iron rod stamped "Beaslay
RPLS 4050" set;
3. S89"33'06"W, a distance of 155.00 feet to a 318" iron pipe found at the
Northwest corner of said C Oil Investments tract, the Northeast comer of said
Save and Except Tract I, and the Southeast comer of a tract of land described in
the deed to Hunter Ferreii Properties, inc recorded in instrument No. 94-75154,
Deed Records, Denton County, Texas;
THENCE N00"15'37"W, along the most Northeriy West line of said NWlSD tract
described in lnstrument No. 2004-52882, a distance of 157.16 feet to a 112" iron rod set
at the Southwest comer of a tract of land described in the deed to C Oil Investments,
LTD. recorded in lnstrument No. 2003-205035, Deed Records, Denton County, Texas;
THENCE along the South, East, and North line of said C Oil Investments, LSD. tract
described in lnstrument No. 2003-205035 the following courses and distances:
1. N65"5Ia14"E, a distance of 293.82feet to a 60d nail found:
2. N43"22'3ENE, a distance of 110.89 feet to a 60d nail found;
3. N4F01'33"W. a distance of 298.00 feet to a 60d nail found;
4. 589"29'25"W, a distance of 135.33 feet to a 60d nail found in the most
Northerly West line of said NWlSD tract described in Instrument No. 2004-52882;
THENCE N00"15'37"W, along the most Northeriy West line of said NWlSD tract
described in lnstrument No. 2004-52882, at a distance of 192.98 feat passing a point
from which a 518" iron rod stamped "Carter & Burgess" bears S89"44'23W a distance
of 0.97 feet for the Northeast comer of said Hunter Ferreil Properties, lnc tract end the
Southeast comer of a tract of land described in the deed to Star of Texas Energy
Services, Inc recorded in instrument No. 2004-148911, Deed Records, Denton County,
Texas, In all 347.21' to a U.S. Army Corps of Engineers (Corps of Engineers "COE)
Monument No. 540-1 found at the most Northerly Northwest comer of said NWlSD tract
described in lnstrument No. 2004-52882;
THENCE along the North and East lines of said NWlSD tract described in instrument
No. 2004-
52882 the following courses and distances:
1. S42"22'19"E, a distance of 408.77 feet to a COE Monument No. 540-2 found;
2. S44"17'30"E, a distance of 777.59 feet to a COE Monument No. 540-3 found;
3. S58"06'38"W, a distance of 253.93 feet to a COE Monument No. 540-4 found:
4. S6Im23'43"E, a distance of 642.65 feet to a 112" imn rod stamped "McCullah"
found:
5. S5O012'33E, a distance of 498.53 feet to a COE Monument No. 540-6 found;
6. 51 5'14'49"W, a distance of 150.59 feet to a COE Monument No.540-7 found;
7. S27"03'58"W, a distance of 402.08 feet to a COE Monument No. 540-8 found;
8. N87"09'06'W, a distance of 157.55 feet to a 112" iron rod stamped "Beasley
RPLS 4050" set;
9. 577"19'3CW, a distance of 102.76 feet to a 112" iron rod stamped "McCuliah
found;
10. S4Is39'04"W, a distance of 91.39 feet to a 112" iron rod stamped "McCullah"
found :
11. S36"17'12"W. a distance of 52.32 feet to a 112" lmn rod stamped "McCuilah"
found;
12. S40"50'39W, a distance of 95.59 feet to a 112" iron rod stamped "McCuliah"
found;
13. S08"39'42"W, a distance of 429.68 feet to a 112" iron rod stamped "McCuilahV
found;
14. S04"12'41"W, a distance of 306.41 feet to a 112" iron rod stamped
"McCuliah" found:
15. S13"00e52"W, a distance of 96.30 feet to a 112" Iron rod stamped "McCuilah"
found;
16. S19"36'46"W, a distance of 103.70 feet to a 112" imn rod stamped
"McCuilah" found;
17. S10"23'52"W, a distance of 125.46 feet to a pk set in Marshall Creek Road
for the southeast corner of said NWISD tract described in instrument No. 2004-
52882;
THENCE with the South line of said NWISD tract described in Instrument No. 2004-
52882 and along a line in Marshall Creek Road the following courses and distances:
1. Westerly, 138.46 feet along a non tangent curve to the lefl, having a radius of
1,031.76 feet, a central angle of 07'41'21" and a chord bearing N73"38'5BnW,
138.36feet to a pk set;
2. N77"29'39W, a dlstance of 909.47 feet to a pk set at the beginning of a non
tangent curve;
3. Westerly. 350.07 feet along a non tangent curve to the left, having a radius of
2,020.05 feet, a central angle of 0gS55'45" and a chord bearing N85"28'47"W.
349.63 feet to an X found for the Southwest comer of said NWISD tract
described in Instrument No. 2004-52882;
VICINITY MAP
MAPSCO 645-U
EXHIBIT "3"
CONSENT CONDITIONS
(a) To the extent authorized by law, no bonds will be issued by the
District for the purpose of purchasing or constructing water, wastewater andlor
drainage facilities or system related to the annexation of the Property without
prior written consent of the Trophy Club Town Council. Any and all orders or
resolutions of the District authorizing the issuance of the District's bonds shall
contain a provision that any pledge of revenues from the operation of the
District's water, wastewater andlor drainage facilities or system to the payment of
the District's bonds shall terminate when and if the Town of Trophy Club, Texas
annexes or dissolves the District, takes over the assets of the District and
assumes all of the obligations of the District. No land located within the
extraterritorial jurisdiction of the Town shall be added or annexed to the District
until the Town of Trophy Club has given its written consent by resolution or
ordinance of the Town Council to such addition or annexation.
(b) Before the commencement of any construction within the District,
the District, its directors, officers, or its developers and landowners will submit to
the Town Engineer or hislher designated representative, all plans and
specifications for the construction of public water, wastewater, and drainage
facilities to serve such District and obtain the approval of such plans and
specifications. All water wells, water meters, flushing valves, valves, pipes, and
appurtenances thereto, installed or used within the District shall conform exactly
to the specifications of the Town. All water service lines and sewer service lines,
lift stations, sewage treatment facilities, and appurtenances thereto, installed or
used within the District will comply with the Town's standard plans and
specifications. Prior to the construction of such facilities within the District, the
District or its engineer will give written notice by registered or certified mail to the
Town Engineer, stating the date that such construction will be commenced. The
construction of the District's water, sanitary sewer, and drainage facilities will be
in accordance with the approved plans and specifications and with applicable
standards and specifications of the Town; and during the progress of the
construction and installation of such facilities, the Town Engineer or hislher
designated representative, will make periodic on-the-ground inspections. In
order to determine that the construction and installation is being done and made
in order to conform with the approved plans and specifications and with
applicable standards and specifications of the Town; and, in the event that it is
determined by the representative of the Town that construction andlor
installations are not being performed in conformance with the plans and
specifications and with the applicable standards and specifications of the Town
then, upon being so informed by a duly designated Town representative, the
District agrees to discontinue further construction and installation of all facilities
until the cause of the complaint is removed. The Developer shall pay for all costs
of construction and related inspections and Engineering services and review
provided by the Town.
(c) If the District constructs a sewage treatment plant, the District will
agree to engage a sewage plant operator holding a valid certificate of
competency issued under the direction of the Texas Commission on
Environmental Quality, or such successor agency as the legislature may
establish ("TCEQ"), as required by Section 26.0301, Texas Water Code, as may
be amended and codified from time to time. The District will agree to make
periodic analyses of its discharge pursuant to the Provisions of Order No. 69-
1219-1 of the Texas Water Quality Board (predecessor agency to the TCEQ) and
further to send copies of all such effluent data to the Town Engineer or hislher
designated representative, Town of Trophy Club, Texas, as well as to the TCEQ.
The District shall agree that representatives of the Town of Trophy Club may
supervise the continued operations of the sewage treatment facility by making
periodic inspections thereof.
(d) The District, its board of directors, officers, developers, andlor
landowners will not permit the construction of or commit to any development
within the District that will result in a wastewater flow to the serving treatment
facility which exceeds that facility's legally permitted average daily flow limitations
or the District's allocated capacity therein.
(e) Prior to the sale of any lot or parcel of land, the owner or the
developer of the land included within the limits of the District shall first obtain the
approval of the Town Council of a plat which will be duly recorded in the Plat
Records of Denton or Tarrant Counties, Texas, as applicable, and otherwise
comply with all rules and regulations and ordinances of the Town of Trophy Club.
(f) The District will not provide water and sewer service to a residential
lot unless the plat covering such lot has been approved by the planning and
zoning commission and the Town Council, if normally required.
PETITION TO ANNEX CXRTAIN LAND INTO
TROPHY CL~ MUNICIPAL u'mn DIS~CT NO. 2
STATEOFTEYAS 5
COUNTY OF DENTON 5
TO TEX BOARD OF DlRECTORS OF THX TROPW CLUB MlJNICIPAL
UTILlTY DISTRICT NO. 2:
The undersigned ("Petitioneq is the owner of title to and more particularly described in
the attached Exhihiis 1 and 2 (the "Property"), which is located within Denton County, Texas.
Acting pursuant to provisions of Chapter 49, Texas Water Code, the undersigned respectfully
petitions the Board of Directors of the Trophy Club Municipal Utility Dishic? No. 2 (the
"Board") for its written consent to annex the Property into the Tmphy Club Municipal Dislrict
No. 2 (the 'District") and would respeclfully show the following:
Petitioner is the sole owner ofthe Property, which lies wholly withinthe Town ofTrophy
Club.
Wth approval of the Town of Trophy Club, Petitioner hereby requests that
Trophy Club Municipal Utility District No. 2 nnnex the properly in order to provide an adequate
waterworks and sanittary sewer system for the property.
TBEREFORE, Petitioner respectfUlly prays that this Petition be heard &er due notice
and that the Board of Directors duly pass and approve an Order consenting to the annexation of
the Property.
-i?L RESPECTFULLY SWMLTTED this day of ,2007.
STATE OFTEXAS 5
COUNTY OF DENTON §
BEFORE MI?,, the undersigned authority, on tbis day personally appeared
,%d &YC~<,,U/C ly of
/IS/.?i I3 .known to me to be the person whose name is subscnied to the
foregoinl: instrument, and acknowledge to me that hershe executed the same for the purposes and
considedon therein expressed, as the act and deed of said /7,‘=0 , and in the
capacity therein stated.
GIVEN UNDmMY HAM) AND SEAL OF OFFICE this the / D '%- day of
Do!? ,2007.
8ul- i(/R/i/MaL-
Notary Public, State of Taras I