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RE 05-22-90.1 A RESOLUTION OF THE CITY OF COPPELL, TEXAS R~LUTION NO. 052290.1 A RESOLUTION OF THE CITY OF COPPELL, TEXAS, GRANTING CONSENT TO COPPELL MUNICIPAL UTILITY DISTRICT NO. 1 TO ANNEX INTO SAID DISTRICT A 20.8165 ACRE TRACT OF LAND LOCATED WITHIN THE CORPORATE 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 Coppell Municipal Utility District No. 1; and WHER]~A$, the City of Coppe]l'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 to said District; and WHEREAS, Centex Realty Corporation has requested that the City of Coppell grant consent for the Coppel] Municipal Utility District No. 1 to annex a tract of its land containing 20.8165 acres, more or less, which is situated wholly within the City of Coppell; and WHEREAS, the City Council of the City of Coppel] did on the 22nd day of May, 1990, grant such consent by motion duly adopted, which is hereby reduced to written resolution as follows: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That subject to the conditions set forth herein, the City Council of the City of Coppell, Texas, for and on behalf of the City of Coppell, Texas, grants its consent to Coppell Municipal Utility District No. 1 to annex that certain tract of land containing 20.8165 acres, more or less, described 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: ao That the Annexation Agreement between Centex Realty Corporation ("Centex") and Coppel] Municipal Utility District No. 1 ("CMUD") contain a provision stating that Centex understands that the City of Coppell ("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 Centex and CMUD shall also contain a provision stating that the funds paid to CMUD by Centex 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, Centex will look solely to CMUD for any refund. c. That the Annexation Agreement between Centex and CMUD will not provide for recovery by Centex of any portion of the annexation fees paid by Centex to CMUD. SECTION 3. This resolution shall become effective immediately upon its passage as the law in such cases provides, and certified copies of this resolution shall be provided to Coppe]l Municipal Utility District No. 1. DULY PASSED by the City Council of the City of Coppell, Texas, on this the 22nd day of May, 1990. APPROVED: ATTEST: CITY S E C R E~A R3f/ APPROVED AS TO FORM: BEING · tract of land situated In the Jesse Moore Survey, Abstra~ No. 98§, In the City of Coppell, Della· County, Tex~s, and being e portion of e trac[ of land conveyed to Eh/In W. Beale by deed recorded In Volume 3294, page 470, of the Deed Record· of Dallas Oeunty, Texa~ [DRDQ'r')t BEGINNING at e point lying on the e~st line of auld Beale Tra~ and being on the South line o! Thweatt ~ (I ~"~t dght-of-way)i THENCE, ~outh (~3° 16° 10" Ea~ 1283.gg feet along the east line of the Beale Tra~ to ~ southeast THENCE, Bouth 8g' Og° 10' West, 1015.22 feet along the south line of the Beale Trac~ to e point on the · ~at line of Btata Road; THENCE, North 00' ~4' 35" West, ·long the east line of State Road, 505.06 feet to · polntl THENCE, North 89° 11' 38N East, 478.27 feet to the beginning of a curve to the left having · central angle of Be' ;7' 4Bm~ a radius of 40.00 feet. and a tangent length of 3g.83 feett ' THENOE, -,long eald curve, an era distance of 82,48 feat to Its point o! tangency; THENCE. North 00' 16' 10" West, 738.§g feet to & point on the mouth line of Thweett Road; THENCE, North ag' 02' &3' East, 605,04 feet along ssld ~uth line of 'l'hweett Road to the POINT OF BEGINNING and containing 20.6166 aCreS or B09,768 square feet of land.