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HomeMy WebLinkAbout20-1052S:\Legal\Our Documents\Resolutions\20\Lala Ranch MUD Resolution - 6.9.2020.Docx RESOLUTION NO.20-1052 A RESOLUTION OF THE CITY OF DENTON REGARDING THE ADDITION OF LAND TO LA LA RANCH MUNICIPAL UTILITY DISTRICT OF DENTON COUNTY. ENCOMPASSING APPROXIMATELY 311.39 ACRES OF LAND, LOCATED NORTH OF HAWKEYE ROAD, SOUTH OF DOYLE ROAD, AND WEST OF MILLER ROAD WITHIN DIVISION II OF THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF DENTON, TEXAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the La La Ranch, LLC, a Texas limited liability company (“Petitioner”) owns approximately 656 acres of land (“Parent Tract”) in Division II of the City of Denton’s Extratemitorial Jurisdiction (“ETJ”); and WHEREAS, a municipal utility district (MUD) can be created by the Texas Legislature or the Texas Commission on Environmental Quality (TCEQ); and WHEREAS, during the 2019 legislative session, the Texas Legislature enacted House Bill 4719, creating La La Ranch Municipal Utility District on 345.26-acres of the Parent Tract (“La La Ranch MUD”), which is now codified as Chapter 803 1 of the Special District Local Laws Code, attached hereto as Exhibit “A”; and WHEREAS, for property located in the City of Denton’s ETJ to be included in a MUD created by the TCEQ, the City of Denton’s consent is required; and WHEREAS, on March 20, 2020, the City of Denton received Petitioner’s Petition for Consent to Addition of Land to a Municipal Utility District to expand the La La Ranch MUD to the remaining 3 11.59 acres of the Parent Tract (“ Addition”), attached hereto as Exhibit “B”; and WHEREAS, the Addition to the La La Ranch MUD is located in the City of Denton’s ETJ but outside of the City of Denton’s exclusive right to provide retail water and/or sewer utility service; and WHEREAS, the Parent Tract is located 2.088 miles northwest of the City ofKrum, 2.575 miles northwest of the City of Denton’s exclusive right to provide retail water and/or sewer utility service, and 3.488 miles northwest of the City of Denton municipal boundary, as shown on the map attached hereto as Exhibit “C”; and WHEREAS, the City and Petitioner 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; 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 Petition in Exhibit B to add approximately 311.39 acres to the La La Ranch Municipal Utility District of Denton County with the following conditions: a. b. C. The Petitioner shall seek consent to the addition of land to the La La Ranch MUD from the Denton County Commissioners Court; All road projects must meet all construction standards, subdivision requirements, and regulations of the governmental entity with jurisdiction over such matters; and The Petitioner must obtain subdivision approval from the governmental entity with jurisdiction over such matters. SECTION 3. This resolution shall take effect immediately from and after its date and passage. The motjon to approve this Resolution was seconded by the following vote [K - A : a made by the Resol9 In) d by Aye Nay Abstain Absent Chris Watts, Mayor:+Z ,//Gerard Hudspeth, District 1 : Keely G. Briggs, District 2:../ Jesse Davis, District 3 :,/ L./ ,/ ./ John Ryan, District 4: Deb Armintor, At Large Place 5 : Paul Meltzer, At Large Place 6: lay ofPASSED AND APPROVED this the 2020 ATTS. MAYOR ATTEST: ROSA RIOS, CITY SECRETARY Z'2)zz2 d}a Page 2 of 3 APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY Page 3 of 3 PROPERTY EXHIBIT DWG NAME K:\FRI_CIVIL\SINGLE FAMILY PURSUITS\2017037 - KRUM 656 ACRE\CAD\EXHIBITS\PLANSHEETS\2019-01-08-PROPERTY EXHIBIT-MUD NO.1.DWG LAST SAVED 12/19/2018 10:02 AM NOTE: THIS PLAN IS CONCEPTUAL IN NATURE AND HAS BEEN PRODUCED WITHOUT THE BENEFIT OF A SURVEY OR CONTACT WITH THE CITY, COUNTY, ETC. 5750 Genesis Court Suite 200 Frisco, Texas 75034 972-335-3580 State of Texas Registration No. F-928 La La Ranch MUD No. 1 Krum, Texas January 2019 HAWKEYE ROAD DOYLE ROAD MILLER ROAD± 345.26 ACRES GRAPHIC SCALE IN FEET 0 150 300 600 1"=300'@ 22x34 FEMA 100-YEAR FLOODPLAIN FEMA 100-YEAR FLOODPLAIN EXISTING LALA RANCH MUD PROPOSED ANNEXATION + 311.39 ACRES+ 311.39 ACRES EXHIBIT "A" PETITION FOR CONSENT TO ADDITION OF LAND TO A MUNICIPAL UTILITY DISTRICT THE STATE OF TEXAS COUNTY OF DENTON § § TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF DENTON, TEXAS: The undersigned, LaLa Ranch, LLC, a Texas limited liability company (the "Owner"), respectfully petitions the City of Denton, Texas for its consent to the addition of land to La La Ranch Municipal Utility District ofDenton County (the "District"). In support of this Petition, the Owner would respectfully show the following: I. The approximately 311.39 acres sought to be added to the District (the "Tract") is described by metes and bounds in Exhibit "A," attached hereto and made a part hereof for all purposes. II. The Tract lies within Denton County, and not within the boundaries of any incorporated city or town. The Tract lies wholly within the exclusive extraterritorial jurisdiction of the City of Denton, Texas, as such term is determined pursuant to Chapter 42 V.T.C.A. Local Government Code. III. The Owner is the holder oftitle to the Tract as shown by the Denton County Tax Rolls and conveyances of record. There are no lienholders on the Tract. IV. The District was heretofore duly created pursuant to House Bill 4719, 86th Texas Legislature, Regular Session, 2019, codified as Chapter 8031, Special District Local Laws Code, under the terms and provisions of Article XVI, Section 59, and Article III, Section 52, of the Texas Constitution, and Chapters 49 and 54, Texas Water Code, as amended. The District generally is empowered and authorized to purchase, construct, acquire, own, operate, maintain, repair, improve, or extend inside and outside its boundaries any and all works, improvements, facilities, plants, equipment, and appliances necessary to accomplish the purposes of its creation. 4833-1905-01 56. vI EXHIBIT "B" v. The general nature of the work to be done by and within the Tract at the present time is the construction, maintenance and operation of a waterworks system for residential and commercial purposes; the construction, maintenance and operation of a sanitary sewer collection system and sewage disposal plant; the control, abatement and amendment ofthe hannful excess of waters and the reclamation and drainage of overflowed lands within the lands to be included within the Di strict; and the construction of roads and of such additional facilities, systems, plants and enterprises as shall be consonant with the purposes for which the District is organized. VI. There is a necessity for the improvements above described because the Tract is located within an area that is experiencing substantial and sustained residential and commercial growth, is urban in nature and is not supplied with adequate water, sanitary sewer and drainage facilities and roads. The health and welfare of the future inhabitants of the Tract requires the acquisition and installation of an adequate waterworks, sanitary sewer and storm drainage system and roads. The purchase, construction, extension, improvement, maintenance and operation of such watervvorks system and storm and sanitary sewer collection and disposal systems and roads will conserve and preserve the natural resources of this State by promoting and protecting the purity and sanitary condition of the State's waters and will promote and protect the public health and welfare of the community; therefore, a public necessity exists for the inclusion of the Tract within the District. VII. Said proposed improvements are practicable and feasible, in that the ten·ain of the Tract is of such a nature that a waterworks system and sanitary and storm sewer systems and roads can be constructed at a reasonable cost; and said land will be rapidly developed for commercial, multi- family and residential purposes. VIII. A preliminary investigation has been instituted to determine the cost of the project attributable to the Tract, and it is now estimated by the Owner, from such information as it has at this time, that the ultimate ·cost of the development contemplated will be approximately $42,000,000. WHEREFORE, the undersigned respectfully pray that this Petition be granted in all respects and that the City Council of the City of Denton, Texas, adopt a resolution giving its written consent to the addition of the Tract to the District. 4833-1905-0156. y 1 THE STATE OF TEXAS COUNTY OF J2eyr fm § § § "OWNER" LALA RANCH, LLC, aTexa?~ By:__...~~-P-~------­ Name: \Jtcbt.th £\PCGS Title: DY\o.AJ b,Q\ J t -r }J fx This instrument s~owledged before me on AJa ({h /7 , 2020, by OY vJo ~/UveS , r.eh.~d._ac of LaLa Ranch, LLC, a Texas limited liability company, on behalf of said company. (NOTARY SEAL) 4833-1905-0156.vl MAGGIE SLOAN Notary 10 /1128574755 My Commission Expires April 4, 2023 EXHIBIT "A" FIELD NOTE DESCRIPTION 311.39 ACRES BEING a tract ofland situated in the Henry Harman Survey, Abstract Number 617, Denton County, Texas, being the east 1/2 of said survey and that tract of land conveyed to La La Ranch, LLC. according to the document filed of record in Instrument Number 2016-71592, Real Property Records Denton County, Texas (R.P.R.D.C.T.), said tract being more particularly described as follows: BEGINNING at a point for the northeast comer of said La La Ranch tract and the tract of land described herein; THENCE South 0°44'4011 West, a distance of7,509.50 feet to a point for the southeast comer of said La La Ranch tract and this tract; THENCE North 89°15'21" West, a distance of3,791.81 feet to a point for the southwest comer of said La La Ranch tract and this tract; THENCE North 0°53'40" East, a distance of 1,646.50 feet to a point at the beginning of a non- tangent curve to the right having a radius of 26,264.72 feet, a central angle of 7° 17' 15", a chord bearing and distance ofNorth 70°52'17" East, 3,338.34 feet; THENCE in a northeasterly direction, with said curve to the right, an arc distance of 3,340.59 feet to a point at the beginning of a non-tangent curve to the right having a central angle of 7°01'35", a radius of39, 156.15 feet, a chord bearing and distance of North 6°14'19" West, 4,798.91 feet; THENCE in a northwesterly direction, with said curve to the right, an arc distance of 4801.92 feet to a point for comer; THENCE South 87°37'20" East, a distance of 1231.88 feet to the POINT OF BEGINNING and containing 311.39 acres or 13,564,322 square feet ofland, more or less This document was prepared under 22 TAC §663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. 4833-1905-0156. vI LALA Ranch LLCDistance Map Date: 6/4/2020 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City ofDenton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are providedfor the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. HWY 380 W JACKSON RD W UNIVERSITY DR GREGG RD FM 156 NLOVERS LNPLAINVIEW RD INDIAN TRL F M2 4 5 0THOMAS J EGAN RDRADECKE RD RECTOR RD E MCCART STMILLER BARTHOLD RDHOPKINS RDHAMPTON DRLEANINGTREERD FM 1173 N MASCH BRANCH RD DOYLE RD NAIL RDODNEAL RDHAWKEYE RD MASCH BRANCH RDFM1173 GANZER RD W GEORGEOWENSRDKNOX RDBORTH RDHOUSTON RDFM 156 NSAM BASS RD LUGINBYHL RD MILAM RD WAUSTINCIR MITCHELLR D³±1173³±1173 ³±2450 ³±156 £¤380 µ0 0.4 0.80.2 MilesLALA Ranch LLC Property (645.45 Acres) CCN Boundary CityOfKrum City of Denton Denton ETJ Division 1 Denton ETJ Division 2 2.088 MilesTo Krum 3.488 MilesTo Denton2.575 MilesTo CCN EXHIBIT "C"