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Ord 147 Granting a Petition for inclusion of certain land in Trophy Club Municipal Utility District 1ORDINANCE NO. 147 AN ORDINANCE GRANTING A PETITION FOR THE INCLUSION OF CERTAIN LAND IN TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO_ 1. WHEREAS, a petition requesting the Town of Westlake's consent that certain land be included in the Trophy Club Municipal Utility District No. 1 has been duly filed with the Board of Aldermen of the Town of Westlake, Texas; and WHEREAS, the Trophy Club Municipal Utility District No. 1 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 as permitted by the service area defined in that one certain contract for water service between the City of Fort Worth, Texas and the Denton County Municipal Utility District No. 1, now known as the Trophy Club Municipal Utility District No. 1, dated on or about March 13, 1979, as amended; and WHEREAS, the Trophy Club Municipal Utility District No. 1, herein after referred to as "TCMUD No. 1", on or about November 19, 1985, acting by and through its duly authorized Board of Directors, approved a resolution whereby it annexed approximately eighty-five (85) acres owned by International Business Machines Corporation which is adjacent to property presently located within the geographical boundaries of TCMUD No. 1; and WHEREAS, IBM has a contract with the TCMUD No. 1 to supply a quantity of water as required by IBM not to exceed 500,000 gallons per day to property owned by IBM; and WHEREAS, the Town of Westlake has previously enacted Ordinance No. 127 granting a petition for the inclusion of other land owned by IBM adjacent to the property described in the attached Exhibit No. 1 into the TCMUD No. 1; and WHEREAS, it is deemed to be in the best interest of both the Town of Westlake and IBM that approximately forty-five (45) acres out of the eighty-five (85) acres described above which forty-five (45) acres is more particularly described in Exhibit No. 1 be annexed into the TCMUD No. 1 so as to have a supply of treated water to the realty at a reasonable rate; and WHEREAS, the granting of said 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 persons residing thereon; and the citizens of the Town of Westlake; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMAN OF THE TOWN OF WESTLAKE: Section 1. That the matters and facts set out in the preamble of this Ordinance are hereby found and declared to be true and correct. Section 2. That this meeting was called and notice given thereof in accordance with law. Section 3. Attached to this Ordinance and made a part hereof is a Petition requesting the Town of Westlake's consent that the certain tract described in Exhibit 1 attached hereto and incorporated herein by referenced (the "Triangle Tract") be included in the Trophy Club Municipal Utility District 1. Such Petition for the Triangle Tract is hereby granted. Section 4. This Ordinance is passed on this Jia day of /z A.D., 1986, and shall take effect immediately upon its passage and approval by the Mayor. � PASSED AND APPROVED THIS A.D., 1986. �Pr' y 2 DAY OF P7L3£"iEit TOWN OF WESTLAKE DALE WHITE, MAYOR TOWN OF WESTLAKE, TEXAS '; �/s2' ,� �i fie.: f "°��d •��'�', � / GES TOWN SECRETARY TOWN OF WESTLAKE, TEXAS APPROVED AS TO LEGAL FORM: Paul C. Isham, Town Attorney, Town of West- lake, Texas PROPERTY DESCRIPTION OF 44.759 ACRES BEING a 44.759 acre tract of land situated in the J. Medlin Survey, Abstract Number 1958, the U. P. Martin Survey, Abstract Number 1015, the J. B. Martin Survey, Abstract Number 1134, and the T. W. Mann Survey, Abstract Number 1107, all of Tarrant County, Texas. Said tract being more particularly described by metes and bounds as follows: BEGINNING at a point in the centerline of Peytonville Road (County Road Number 3083), said point being the intersection of the Town of Westlake Corporate limits and the south right-of-way line of State Highway Number 114 (220 foot right-of-way); THENCE S 360 32' 25" E along the said right-of-way line 2,796.55 feet to a 5/8 inch iron pin, said pin being the southeast corner of I.B.M. Corp- oration Tract Number Two, as recorded in Volume 7422, Page 2157, County Records, Tarrant County, Texas; THENCE N 880 29' 50" W along the south line of said I.B.M. Tract, at 110.41 feet passing a common corner of an I.B.M. Corporation Tract, as recorded in Volume 7376, Page 1792, of said County Records and continuing along the south line of said tract a total distance of 907.77 feet to a 5/8 inch iron pin, said pin being the northeast corner of an I.Q.M. Corp- oration Tract, as recorded in Volume 7824, Page 2033, of said County Records; THENCE S 000 17' 58" W along the east line of said tract 197.59 feet to a 5/8 inch iron pin, said pin being the southeast corner of said tract; THENCE S 860 22' 05" W along the south line of said tract 518.25 feet to a 1/2 inch iron pin, said pin being the southwest corner of said tract and being in the east right-of-way line of said Peytonville Road; THENCE N 190 09' 01" W along the east right-of-way line of said Peytonville Road 393.02 feet to a 5/8 inch iron pin, said pin being the southwest corner of an I.B.M. Corporation Tract, as recorded in Volume 7376, Page 1779, of said County Records; THENCE S 880 45' 45" W crossing said road 117.01 feet to the southeast corner of G. H. Harmon 120.8 acre tract, as recorded in Volume 2060, Page 75, of said County Records, said corner being a common corner of the Town of Westlake Corporation limits; THENCE N 000 10' 51" E along the east line of said tract and the Town of Westlake Corporation limits 2,084.74 feet to the POINT OF BEGINNING containing 44.759 acres, more or less. Exhibit No. 1 C&B Job No.84664-02 July 26, 1985 PETITION FOR CONSENT TO ANNEX CERTAIN LAND INTO TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 STATE OF TEXAS ) COUNTIES OF TARRANT & DENTON ) TO THE HONORABLE MAYOR AND BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: The undersigned (herein the "Petitioner") is the owner of title to land more particularly described in the attached Exhibit No. 1, which description is incorporated herein by reference for all purposes (the "Triangle Tract"), and acting pursuant to provisions of Chapter 54, Title 4, Texas Water Code, the Petitioner respectfully petitions the Board of Aldermen of the Town of Westlake, Texas, for its written consent for the annexation of the Property into the Trophy Club Municipal Utility District No. 1 (the "District") and would respectfully show the following: I. The area proposed to be included within the Trophy Club Municipal Utility District No. 1 contains approximately forty-five (45) acres of land, more or less, situated in Tarrant County, Texas and is wholly within the incorporated limits of the Town of Westlake, Texas. All the Property may properly be included in the District. II. The Petitioner is the owner of all lands included within the Property. Tile 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, and within the immediate future will experience a substantial commercial growth. There is not presently available within the area an adequate waterworks and sanitary sewer system. The health and welfare of the present and future inhabitants 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 a planned office complex with a hotel/conference facility and ancillary retain uses within the area. A public necessity therefore exists for the annexation of the Property into the District in order to provide for the construction, extension, improvement, maintenance and operation of such water works 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. V. Therefore, Petitioner requests consent to the annexation of the Property into the District. RESPECTFULLY SUBMITTED THIS DAY OF 1986. INTERNATIONAL BUSINESS MACHINES CORPORATION, a New York corporation By: C!ik� A R S M% V 4 0 J 'Q . T� `✓ 11 EXHIBIT " A" TOWN OF WESTLAKE ANNEXATION G7 G� I �o