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RE 04-23-91.1 A RESOLUTION OF TIlE CITY OF COPPELL, TEXAS RESOLUTION NO. 042391.1 '~A RESOLUTION OF THE CITY OF COPPELL, TEXAS, GRANTING CONSENT TO CoPPELL MUNICIPAL UTILITY DISTRICT NO. I TO ANNEX INTO SAID DISTRICT A 35.519 ACRE TRACT OF LAND LOCATED WITHIN THE CORPOR'ATE LIMITS OF THE CITY OF COPPELL, TEXAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in the month of November, 1973, the City of Coppell received a petition requesting that the City authorize the creation of Coppel Municipal Utility District No. 1; and WHEREAS, the City of Coppell's consent for the creation of the District was granted subject to certain terms and conditions one of which requires City's consent to the annexation of any property by/s~id District; and WHEREAS, Everfine/Gateway, a partnership, has requested that the City of / Coppell grant consent to the Coppell Municipal Utility District No. 1 to annex certain / tracts of land owned by said)gart, nership,/ containing 35.519 acres, more or less, which are situated wholly within/the City of Coppell; NOW, THEREFOR/I~, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY / OF COPPELL, TEXA~. SECTION 1. / / That subje/t to the conditions set forth herein, the City Council of the City of Coppe]l, Texas/for and on behalf of the City of Coppell, Texas, grants its consent to Coppel] Mun/i/cipal Utility District No. 1 to annex that certain tract of ]and containing 35.519 acres, more or less, described as Tracts I, II, and III in Exhibit "A" which is attached hereto and made a part hereof for all purposes. SECTION 2. That the consent granted herein is subject to the following conditions: a. That the Annexation Agreement between Everfine/Gateway ("Everfine") and Coppell Municipal Utility District No. I ("CMUD") contain a provision stating that Everfine understands that the City of Coppe]l ("City") has authority from CMUD and does regulate development and construction within the District in the same manner as City regulates development and construction in areas that are within the City, but not within the District and that in this regard City will inspect and regulate all construction within the property being annexed into the CMUD and will charge and collect from developers and builders therein the same fees now in place or hereafter adopted by the City that are charged and collected from developers and builders in areas of the City that are not within the District. b. That said Annexation Agreement between Everfine and CMUD shah also contain a provision stating that the funds paid to CMUD by Everfine pursuant to its annexation into the District do not include the above mentioned fees and charges which will or shall be due the City, and should there be any duplication or conflict with the charges imposed by CMUD and that imposed by City, Everfine will look solely to CMUD for any refund. SECTION 3. This resolution shah become effective immediately upon its passage as the law in such cases provides, and certified copies of this resolution shall be provided to Coppell Municipal Utility District No. 1. DULY PAS~ED by the City Council of the City of Coppell, Texas, on this the 23rd day of April, 1991. APPROVED: MAYOR' ATTEST: CITY SECRET~RY APPROVED AS TO FORM: CITY ATTORNEY CR91-0416 APR-12-'91 FR[ 11:1_= ID:~'~T~~ OF CO~PELL Tk TEL_ N0:21~-~97¢~-~948 ~t948 P05 F;J J FOR APR 9 991 BEING s 1 9. 790 acre. tract of land situated in the Sibered Henderson Survey, Abstract No. 629, in Dallas County, Texas and.being more particularly described as follows: COMMENCING at the centerline intersection of Lodge R~d and Sandy 'Lake Road. Thence S. 88'29'42" W. along the centerline of Sandy Lake Road, ]~7.00 feet; Thence N. 0'~0'23" E.; 5~.02 feet for the POINT OF BEGINNING of said ~9.790 acre tract; THENCE S. 88~29'42" W., ]]2.64 feet to an iron rod set for corner in the east line of a 5 acre tract of land, owned by Willia~ C. ~arris et ux, described 1~ Volume 85163, Page 741~ of =he THENCE N. 00'43'56" E., 1120.08 feet to an .iron ro~, said point also being the northeast corner of sai~ Harris 5 ~cre THENCE N. 89e04 '44" E., ~9~.50 fee= =o . an iron rod foun~ for corner~ THENCE S. 00e10'23" W., 7~4.24 fee~ ~ an iron THENCE S, 88e29'42" W., 9~ .99 fee~ ~o an i~o~ rod; THENCE S. 00'~0'2~" W., 22~.~9 fee~ =o an iron red corner, said poin~ being the northwes~ corner of a w~er well description as recorded In Volume 4033, Page 1, of the D.~.D.C.T.; THENCE ~. 89~49'27'' E., 3.00 feet to an iron rod ~ound for corner; THENCE ~. 00~0'23'' W., 6.00 fa~t to an ~ron ro~ found for THENCE N. 8g'49')?" W., 3.00 fee~ ~o an iron rod found for THENCE S. 00'10'23" W., 81.99 feet to the POINT OF and containing 19.790 acres (B62~064 Square feet ] of land. [xCeOt 0.~9~ Rorer ~ T~ocl II. TRACT II BEING a tract Of land situated in Sibered Henderson Survey, Abstract No.. 629 in the City of Coppell, Dallas County, Texas . and being more particularly described as follows: COMMENCING at the centerline intersection of Lodge Road (a variable width~ right-of-way) and Sandy Lake Road (a 60 foot right-of-way); Thence S. 88'29'42" W., 830.17 feet along the -said center[ina of Sandy Lake Road~ ~hence N. 0e43'56'' ~., 55.04 ~eeC to a point for corner on the proposed north line o~ Sandy Lake Road, and being the POINT OF ~EG~NN[NG; · HENCE N. 0043'56" E., 132.D8 feet ~o a point ~or :Orner~ THENCE S. 89'16'04" E., 130.24 teat ~o a point ~or corner~ THENCE S. le30'18'' E., 126.89 feet to a point ~o~ cotnet on the said ~0p0sed line of Sandy Lake Road~ T~ENCE S, 88'29'42" W,, 135.30 ~eeC ~o the ~oint o~ Beginnin9 an~ containing 0.395 acres (1?~185 square feet) of land, EXHIBIT "A" TRACT Survey, Abstract No. ?83 in Dallas County, Texas and being of the tract as describe~ in Volume ]779, Page 296-29? of the Deed COMMENCING at an iron rod found at the northeast corner of describe~ Tract I, Thence N. 00~10'2~'' E., 296.$8 feet to a TMEN¢£ N. 88~5~'51" E., 50.02 feet to an iron rod ~or the POINT OF BEGINNING of the said 16.124 acre tract, said point beln~ the southwest corner of Sherwood Park Addition, an addition to the City of ¢oppell, as recorded in Volume $4~01, Page ~76), THENCE N. 88'58'51" E., 826.20 Jeer to an i~on tod foun~ corner, said point being the northwest cornet of Town Creek Apartments, an addition to the City of Coppell as recorded in Volumo 85061, Page ~002, THENCE $. 00'21'51" N., along the west line of tho said Town Creek Apartments, passing an iron rod found at 168.39 feet for the southwest corner o~ the said Town Creek Apartments, in all 846.85 feet to an iron rod ~ound ~or corner; ?H£NCE S. 88~17'12'' w., 823.64 ~eet to an iron rod for cornet; ·HENCE N. 00'10'23" ~., 856.77 feet tO the POINT OF BEGINNING and containing 16.124 acres (702,375 square ~eet) of HGLLOW DRIV[ PECAN ~ -