HomeMy WebLinkAbout20-415S :\Legal\Our Documents\Resolutions\20\Denton County MUD No. 11 Resolution (2 .18.2020).Docx
RESOLUTION NO. 20-415
A RESOLUTION OF THE CITY OF DENTON CONDITIONALLY CONSENTING TO THE
CREATION OF DENTON COUNTY MUNICIPAL UTILITY DISTRICT NO . 11,
ENCOMPASSING APPROXIMATELY 247 ACRES OF LAND , LOCATED WITHIN
DIVISION ll OF THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF DENTON,
TEXAS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Sandfield Limited Partnership ("Sandfield") owns approximately 247
acres ofland (the "Property") in Division II of the City ofDenton's Extraterritorial Jurisdiction\
as shown on the map attached hereto as Exhibit "A"; and
WHEREAS , Sandfield has submitted to the City of Denton a Petition for Consent to
Creation of a Political Subdivision in the Extraterritorial Jurisdiction , attached hereto as Exhibit
"B," pursuant to Section 42 .042 of the Texas Local Government Code; and
WHEREAS, the name of the proposed district is Denton County Municipal Utility District
No. 11 ("District"); and
WHEREAS, the Property is located outside of the City of Denton's exclusive right to
provide retail water and/or sewer utility service; and
WHEREAS, the City and Sandfield may execute an agreement pursuant to the provisions
of Section 212 .172 of the Texas Local Government Code regarding development of the Property
("Development Agreement"), if so requested by the City; and
WHEREAS, as pursuant to Chapter 54 ofthe Texas Water Code and Chapter 42 ofthe
Texas Local Government Code, a resolution consenting to the creation of the District must be
passed by the City Council within 90 days after the date the governing body receives a written
request for consent; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES :
SECTION 1. The findings and recitations in the preamble of this resolution are incorporated
herein by reference.
SECTION 2. The City of Denton, Texas, hereby consents to the creation of the Denton
County Municipal Utility District No. 11 covering the approximately 247 acres ofland as shown
on Exhibit A, subject to the condition reflected in Section 3 of this Resolution.
1 Division II of Denton's Extraterritorial Jurisdiction is that part of its statutory Extraterritorial Jurisdiction that is
defined and limited by a certain interlocal agreement with Denton County, Texas, executed in December 2003 ,
pursuant to Sec . 242.001 of the Texas Local Government Code.
SECTION 3. If requested by the City, the City and Sandfield may execute an agreement
regarding the development of the Property, pursuant to Section 212.172 of the Texas Local
Government Code.
SECTION 4. This resolution shall take effect immediately from and after its date and
passage.
The motion to approve this Resolution was made by J::>e73 /l-12 m/ll(Tt2£. and
seconded by GG'/2/!IZD i/fU)S..j)eTlf ; the Resolution was passed and approved by
the following vote [_:2_-_QJ :
Chris Watts, Mayor:
Gerard Hudspeth, District 1:
Keely G. Briggs, District 2:
Jesse Davis, District 3:
John Ryan, District 4:
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
!.)
v'
.;
v
v
v
Abstain Absent
PASSED AND APPROVED this the J!Jt--/~ day of J.d1«..~2020.
~
CHRIS WATTS, MAYOR
ATTEST:
ROSARIOS, CITY SECRETARY
By:-~-~
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
Page 2 of2
PONDER TRACT
CITY OF DENTON ET J, DENTON COUNTY, TEXAS
WI STEAD
November 20, 2019
Exhibit B
Austin Charlotte Da ll as l·ort Worth llouston San Anto n in The Woodland s
500 Winstead Building
2728 N. Harwood
Da llas , TX 75201
2 14.745.5400 Orf/Cf
214.745.5390 fAX
win s t e ad. com
Ross Martin
direct di al : 214.745.5353
email: rmartin@winstead.com
Certified Article Number
Via Certified Mail 9314 8699 0430 0065 9600 22
City of Denton
Attn: Todd Hileman , City Manager
c/o Denton City Hall
215 E McKinney St
Denton, Texas 76 201
SENDER 'S RECORD
Re: Denton County Municipal Utility District No. 11
Dear Mr. Hileman:
Sandfield Limited Partnership ("Sandfield") hereby respectfully requests the City of
Denton (the "City") add the enclosed Petition for Consent to Creation of a Political Subdivision
in the Extraterritorial Jurisdiction to a future City Council Agenda within ninety (90) days ofthe
date of this letter. By way of background, Sandfield owns approximately 247 acres (the
"Property") within Denton County. The Property is located within the extraterritorial
jurisdiction of the City. Pursuant to Local Government Code (LGC) § 42.042, we make this
initial request to the City for consent to the creation of the proposed Denton County Municipal
Utility District No. 11 .
Please call me directly at (2 14 ) 745-5353 if you have any questions. Thank you for your
attention to this matter.
Very truly yours,
'-4m 5./1/1~ iect
Ross S. Martin /"'
cc: Scott E idman (of the firm)
4824-9671 -7229v.J WINSTEAD PC I ATTORNEYS
Pli.:TIT ION FOI{ CONSENT TO CREATIO N OF PO L I T I C A L SUBDI VISION
I N T I-l E E XTRA TE RIU TO I~I A L .J URISDI CTION
O F T HE CITY O F D ENTON, TEXAS
TH E STATE OF T E XAS
C OUNTY OF DENTO N
TO THE HONORABLE MA YOR AND
§
§
§
C ITY COUNCIL OF THE CITY OF DENTON:
The undersigned petitioner (herein the ''Petitioner", whether one or more), being a majority
of the persons who hold title to land(s) situated w ithi n the area h ereinafter described, which
represents a total value of more than 50% of the value of all such area, and being a majority in
value of the holders of title of the land within said area as indicated by the tax rolls of the D enton
County Appraisal District, acting pursuant to the applicable provisions of the T exas Water Code, as
amended, and Section 42.042, Texas Local Government Code , toge th er with all am e ndments and
additions thereto, respectfully petitions this I Ionorable Body for consent to the creation of a
conservation and reclamation district and political subdivision of the State of Texas under Article
XVI, Section 59 and Article III, Section 52 of' the Texas Constitution within the extraterritorial
jurisdiction of the City of Denton, Texas (the "C ity "), and would respectfully show the following:
I.
The name of the proposed district shall be "DENTON COUNTY MUNI C IPAL UTILITY
DISTRICT NO. 11 " (the "District''). There is no other conservation or reclamation district in
Denton County , Texas with the same name .
11.
The District shall be created and organized and shall exist under the terms and provi sions of
Article XVI, S ection 59 and Article Ill , Section 5 2 of the Texas Constitution and C hapters 49 and
54 of the Texas Wate r Code, as amended, to g ethe r with all amendments and additions thereto.
Ill.
T he District shall contain an area of approximately 24 7 acre s of land, situate d within
Denton County, Texas, described by mete s and bounds in Exhibit "A", which is attached hereto
and made a part hereof for all purposes. The described property is wholly located within the
extraterritorial jurisdiction of the City of Denton, Texas.
IV .
The undersigne d constitute the current sole landowners o f th e property to be included
within the District.
4850-1 055-9655v .4
V.
The District shall be created for all of the purposes set forth in Articl e XVI , Section 59 and
Article III , Section 52, Texas Constitution; Chapters 49 and 54 Texas Water Code, as amended ;
and purposes and authority subsequently acquired and approved for roadways by Chapter 54,
Water Code or other applicable law.
VI.
The general nature of the work proposed to be done by the Distri ct at the present time is the
construction, maintenance and operation of a waterworks system, including the purchase and sale
of water, for domestic and commercial purposes; the cons tru ction, maintenance and operation of a
sanitary sewer collection, treatment and disposal syste m , for domestic and commercial purposes ;
the construction, installation, maintenance , purchase and operation of drainage and road way
facilities and improvements; and the construction, installation, maintenance, purchase and
operation of facilities, systems, plants and enterprises of such additional facilities as shall be
consonant with the purposes for which the District is organized.
VII.
There is a necessity for the improvements described above for the following reasons: The
area of the District is urban in nature and is in close proximity to populous and developed sections
of Denton County. The District's area will , within the immediate future, experience a su bstantial
and sustained residential and commercial growth. Said area is not supplied with adequate water
and sanitary sewer facilities and serv ice s or with adeq uate drainage facilities and does not have
adequate fire suppression facilities, parks and recreational land and facili tie s, or roads or
improvements in aid thereof. The health and we lfare of the future inhabitants of the area and of
territories adjacent thereto require the installation and acquisition of an adequate water supply and
sewage disposal system, an adequate drainage system for and within the area of the District,
adequate fire suppression facilities, adequate parks and recreational land and fac il ities, and roads or
improvements in aid thereof
A public necessity exists for th e organization of such District to provide for the purchase,
construction, extension, improvement, maintenance and operation of such waterworks and sanitary
sewer system, such drainage facilities, such fire suppression facilities, parks and recreational land
and faci lities , and roads or improvements in aid thereo1: in order to promote and protect the purity
and sanitary condition of the State's waters and the public health and welfare of the community.
Vlll.
Said proposed improvements are practicable and feasible, in that the terrain of the territory
to be included in the District is of such a nature that a waterworks, sanitary sewer, drainage, storm
sewer and roadway system can be constructed at a reasonable cost, currently estimated at
$61,750,000, with reasonable ad valorem tax and assessment rates and water and sewer rates, and
said territory will be developed for residential and commercial purposes. The District shall be
designated a noncity service distri ct in the meaning of Section 54.106, Texas Water Code, as the
4850-1 05 5-9655v.4
District does not currently propose to connect to the City's water or sewer system or propose to
contract wi th a regional water and wastew at r f~t ci lities serving the mea within the District. as of
the date this Petition is tiled.
WHEREFORE, the undersigned respectfully pray that this Petition be granted in all
respects and that the City of Denton give its written consent to the creation of the District, and for
such other orders, acts, procedur e and relief as are proper and necessary and appropriate to the
purpose o r creating and organizing the District and lo the execution of the purposes for which the
District shall be organized.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
4850-1 055-9655v.4
EXECUTED TI-llS
THE STATE OF TEXAS
COUNTY OF DENTON
§
§
§
, 2019.
PI ~TITION I~R :
SA NDFIELD LIMITED PARTNERSHIP,
a Texas limited partnership
By: Sandfield GP, LLC',
a Texas limited liability company ,
its general partner
This instrument was acknowledged before me on this the J 0 ~ay of 0( /VDI.?YL. ,
2019, by .... TQA-t.J..i . .:YK~. fn,4-1...;4£..J,...Jll rt)~8"~ ofSandfi cl d GP, LLC, on behalf of said
limited liability company.
(SEAL)
P~ElA l I'~E DE~ICK
Notery 10 .-131~94621
My Commil!ion Expir•s
March 19, 2022
4850-1 055-9655v.4
Notary Public in and for
the State of Texas
KXHIBIT "A "
TRACT 1:
All that certain lot, tract or parcel of land situated in the Elizano Pizano Survey, Abstract No. 991,
Denton County, Texas, and being a part of a certain 100 acre tract conveyed by Sam C. Bryan, et
ux, to William C. Bryan, et ux, on August 12, 1958, as recorded in Volume 439, Page 289, Deed
Records, Denton County, Texas, and being more particularly described as fo ll ows:
BEGINNING at an iron pin at the Southeast corner of said 1 00 acre tract;
THENCE West with the South line of said 100 acre tract 1081.29 feet to an iron pin at the most
Southerly Southwest corner of said 1 00 acre tract;
THENC E North 0°24'30" East, 218 .6 5 feet to an inner ell corner of said 100 acre tract;
THENCE East 343.2 feet to an iron pin for a corner;
THENCE North 8.04 feet to an iron pin in a cul-de-sac having a radius of 60.0 feet;
THEN C E Easterly around said cul-de-sac to the left, 62.83 feet to an iron pin;
THENCE South, 8.04 feet to an iron pin fo r a corner;
THENCE East 678.09 feet to an iron pin for a corner in the East line of said 100 acre tract;
THENCE South 0°24'30" 218.65 West to the place ofbcginning and containing in all 5.433 acres
of land.
TRACT 2:
All that certain lot, tract or parcel of land lying and being situated in the County of Denton, State
of Texas, and being a part of a certain First Tract of 240 acres, more or less, and a part of a
certain Second Tract of 136 acres, as conveyed by deed dated April 30, 1953, from C. W.
McDonald and Ben McDonald to Sam C. Bryan and wife, Lula May Bryan, as shown of record in
Volume 386, Page 585, of the Deed Records of Denton Co unty, Texas; being out of the Elizano
Pizano Survey, Abstract No. 991, and being more particularly described as follows:
BEGINNING at a steel pin in a north and south fence line and at the southwest corner of a certain
100 acre tract of land as conveyed by deed dated Augus t 5, 1958, from Sam C. Bryan and wife,
Lula May Bryan, to Sam C. Bryan. Jr .. and wife , Shirley Bryan, as shown of record in Volume
439, Page 287, Deed Records of Denton County, Texas; said point of beginning being in the west
boundary line of the past mentioned Second Tract of 13 6 acres o fl and;
THENCE East and passing at 1,555.71 feet the southeast corner ofthe above mentioned 100 acre
tract, same being the most westerly southwest corner of a certain 1 00 acre tract of land as
conveyed by deed dated August 5, 1958, from Sam C. Bryan and wife, Lula May Bryan, to
William C. Bryan
4850-1 055-9655v.4
and wife, Barbara Bryan, as shown of record in Volume 439, Page 289, Deed Records of Denton
County, Texas; continuing on said course a total distance of 1935.71 feet to a steel pin tor an
inner ell com er on the above mentioned William C. Bryan 100 acre tract;
THENCE South 00°24 '30" West, 2 18.65 feet to a steel pin for the most southern southwest
corner of the William C. Bryan 100 acre tract;
THE NC E East 1 ,081.29 fee l to a steel pin for the southeast corner of the past mentioned William
C. Bryan I 00 acre tract;
THENCE South 00°24'30" West, 25.8 feet to a steel pin tor corner and being in what is
apparently the north boundary line of the past mentioned First Tract of 240 acres as it actually
exists on the ground;
THENCE E ast a long the north boundary line of the above mentioned First Tract of 240 acres,
more or less, as it is fenced and exists on the ground, 2.422 .02 feet to a steel pin for the northeast
corner of said tract, same being in the east boundary line of the Elizano Pizano Survey, Abstract
No. 991;
TH ENCE South 76.7 feet, along the east boundary line of said 240 acre tract, to a steel pin for
corner in the northwesterly right-of-way line of Farm-to-Market Road No. 156 and being 88 feet
from and at right angles to the centerline of said road; said corner being the north corner of a 6. 7
acre tract which was conveyed off of the 240 acre tract by Right-of-Way Deed dated December
2L 1945, for road purposes; said deed shown ofrecord in Volume 319, Page 597, Deed Records
of Denton County, Texas;
THENCE South 34°30 " West, along the northwesterly boundary line of farm-to-Market Road
No. 156, I ,760.2 feet to the p co r a curve to the right;
THENCE along the above mentioned curve to the right, 400.00 feet to a wooden right-of-way
marker for the p t of mentioned curve;
THENCE South 40°08' West, along the northwesterly boundary line of Farm-to -Market Road
No. 156, 811.4 feet to a steel pin for th e southwe st corner of tract herein descri b d and being in
the westerly boundary line of the past mentioned 2 40 acre tract:
THENCE North 08°1 0' West, along an old , existing fence , now partially removed, and along the
top of the west bank of a creek, 298.00 feet to a steel pin and fence post on the south bank of
mentioned creek for inner ell corner on the past mentioned 240 acre tract;
THENCE South 88° West along the south boundary line of the above mentioned 240 acre tract,
3,349.4 feet to a steel pin and old fence corner post for the southwest corner of tract herein
described; said corner is believed to be the original southwest corner of said 240 acre tract·
TH ENCE North II 0
] 0 ' West along an old established fence line, 749.3 feet to a steel pin and
fence corner post for corner as it actually exists on the ground;
THENCE North 67°30' East, along the past mentioned established fence , 116.5 feet to a steel pin
and fence corner post for corner;
4850-1 055-9655v.4
THEN C E North 03°21 '40'' West, along the past mentioned established fence , and being
the westerly boundary line of the 24 0 acre tract as recognized, 1,499.4 feet to a wooden
stake for the no rthwest corner o f the past mentioned 240 acre tract as it actually exists
on the ground, same bei ng two (2 ) fe et south of a 6 inch fenc e corner post in concrete
and being in an east and west !ence line: said fence line being the apparent south
boundary line of the Sam C . Bryan Second Tract of 136 acres;
T HEN C E West 160.00 feet along ex isting fence line to a steel p in and fence corner post
for the so uthwest corner of the Sam C. Bryan Second Tract of 136 acres as it exists on
the ground;
THENCE North along fence line and the west boundary line of the 136 acre tract,
255.26 feet to point of beginning, and containing 242.87 acres of land, as surveyed on
the ground by R. G. Milliken, Registered Public Survey or, Licensed State Land
Surveyor, and the County Surveyor for Denton County , Texas, on July 18, 19 , and 20,
A. D. 1966.
SAVE AND EXCEPT Minerals Reserved in deed from C. W. McDonald and Ben
McDonald to Sam C. Bryan, Sr. and wife, Lula May Bryan, dated April 30, 1953, and
recorded in Volume 386, Page 585, Deed Records of Denton County , Texas.
4850-1 055-9655v.4