HomeMy WebLinkAbout20-1379S:\Legal\Our Documents\Resolutions\20\Olex Denton County MUD No. 16 Consent Resolution.Docx
RESOLUTION NO 20-1379
A RESOLUTION OF THE CITY OF DENTON REGARDING THE CREATION OF DENTON
COUNTY MUNICIPAL UTILITY DISTRICT NO. 16 (OLEX MUD), ENCOMPASSING
APPROXIMATELY 553 ACRES OF LAND, LOCATED NORTH OF OLD STONEY ROAD,
SOUTH OF JACKSON ROAD, AND WEST OF FM 156 WITHIN DIVISION 2 OF THE
EXTRATERRITORIAL JURISDICTION OF THE CITY OF DENTON, TEXAS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Olex (United States), Inc., a Delaware corporation (“Petitioner”) owns
approximately 552.985 acres of land (“Property”) in Division 2 of the City of Denton’s
ExtraterHtorial Jurisdiction (“ETJ”), as shown on the map attached hereto as Exhibit “A”; and
WHEREAS, a municipal utility district (MUD) can be created by the Texas Legislature or
the Texas Commission on Environmental Quality (TCEQ); and
WHEREAS, for property located in the City of Denton’s ETJ to be included in a MUD the
City of Denton’s consent is required; and
WHEREAS, on April 29, 2020, the City of Denton received the Petitioner’s Petition for
Consent to Creation of Denton County Municipal Utility District No. 16 on 552.985 acres of land
(“Petition”), attached hereto as Exhibit “B”; and
WHEREAS, the Property 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 Owner has entered into a contract to sell the Property to VS Development,
LLC (“Developer”); and
WHEREAS, the Developer the proposes to develop the Property with 1,523 residential
lots, 8 acres of multifamily uses, 30 acres of commercial uses, and approximately 101 acres of
floodplain/open space with a hike/bike trails, as shown on the concept plan attached hereto as
Exhibit “C”; and
WHEREAS, part of the consideration for the City’s consent to the creation of the MUD is
the Developer’s offer to obligate the MUD to approve a Strategic Partnership Agreement in which
the City is guaranteed 50 percent sales and use tax collected for commercial uses adjacent to and
abutting U.S. Highway 380 located within the Property; 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
create the Denton County Municipal Utility District No. 16 with the following conditions:
a.
b.
VS Development, LLC closes on the purchase of the Property by August 3 1 , 2021.
The City Council approves a Development and Consent Agreement.
SECTION 3. This resolution shall take effect immediately from and after its date and
passage.
The motion to approve this Resolution was made by '--Sob(\ Ryan and
seconded by (Mf : 3 bJ CLUb ; the Resolution was passed and approved by
the following vote [k - Ll :
M NJa‘Abstain Absent
Chris Watts, Mayor:,/
34
IZ
a’
vr
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:
PASSED AND APPROVED this
ATTEST:
ROSA RIOS, CITY SECRETARY
By: _zn
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
Page 2 of 2
OLEX MUD
Location Map
t\\NIT
+
Tjr- :\ ~*\ .~*
}:l§+'&>\
fi
// 1
f \h:
fU +
'i\ $'
\
+
OLEX MUD Boundary
City of Denton
Denton ETJ Division 1
Denton ETJ Division 2
250 500 1,000
-b
;
,4a bE&FinIrl
a> eparedmaps for
TfFrse?!:jhoer Tr:?pREV :rJ
should not be used
!ffort to produce-and p&blish thb mostbeen made to the
or its statement.
Date: 8/7/2020
PETITION FOR CONSENT TO CREATION OF
DENTON COUNTY MUNiCnAL UTILITY DISTRICT NO. 16
THE STATE OF TEXAS e
§COUNTY OF DENTON
TO THE HONORABLE MAYOR AND CITY couNcn OF THE crm OF DENTON:
The undersigned (the “Petitioner”), acting pursuant to the provisions of Chapters 49 aId
54 of the Texas Water Code, and Section 42.042 of the Texas Local Government Code,
respoctRrlly petitions this Honorable Council for its consmt to the creation of a municipal utility
district, and for cause would respectfully show the following:
1.
The name of the proposed District shall be “Denton County Municipal Utility District No.
16” (the “District”).
n.
The District shall be organized under the terms and provisions of Article III, Section 52,
and Article XVI, Section 59, of the Texas Constitution, Chapters 49 and 54 of the Texas Water
Code, togetha with all amendments and additions thueto.
HI.
The District shall contain an area of approximately 552.985 acres of land (the “Property”),
situated within Denton County, Texas, described by metes and bounds in Exhibit “A,” attached
hereto and incorporated herein. The District is located wholly within the extraterritodal
jurisdiction of the City of Denton, Dmton County, Texas, and the District is not within the
corporate limits or ex&aterdtorial jurisdiction of any other city, town or village.
rv.
The undersigned oonstitutes a majority in value of the holders of title to the lands in the
proposed District, as shown by the tax rolls and conveyances of record since the date or preparation
of said county tax rolls.
0(W186.000007\481 24246-9CH6.vl
V.
The proposed District shall be organized for the following purposes:
(1)
(2)
(3)
(4)
(5)
provide a wata supply for the District for municipal and domestic uses;
collect, transport, process, dispose of and control all domatic, industrial, or
communal wastes whether in fluid, solid, or composite state;
gath% conduct, divert and control local storm watu or other local hamAn excesses
ofwatm in the District;
construct, acquire, improve, maintain and operate macadamized, gravele4 or paved
roads and turnpikes, or oth u improvmmts in aid of those roads; and
such other construction, installation, maintmance, purchase, and opwadon of such
additional facilities, systems, plants and enterprises as shall be oonsistmt with the
purposes for which the District is organized.
The aforanentioned purposes may be accomplished by any mochanical and chmical
means and processes incident, necessary or helpful to such purposes, to the extent authorized by
law and the creation of the District, to the end that public health and welfare may be conserved
and promoted, and the purity and sanitary condition of the State’s waters protected, effected and
restored
VI.
The gmeral nature of the work anticipated to be done by the District at the prwent time is:
(i) the construction of a water distribution systm for domestic purposes; (ii) the construction of a
sanitary sewn systm; (iii) the control, abatment and amendment of the harmful excess of waters
and the reclamation and drainage of overflowed lands within the District; (iv) the construction and
financing of macadamized, graveled, or paved roads and turnpikes, or improvanmts in aid of
those roads; and (v) such other construction, installation, maintenance, purchase and operation of
such othu facilities, systms, plants and enterprises as ghall be consistent with the purposes for
which the District is organized, all to the extent authorized by law from time to time.
VH.
There is a necessity for the improvements above described because the District is located
within an area which will experimce a substantial and sustained residential and commercial growth
within the foreseeable Rrture, is urban in nature and is not supplied with adequate wat% sanitary
sewer, drainage facilities and servicm, or roads. The health and welfare of the future inhabitants
of the District require the provision of adequate water, storm and sanitary sewer facilities and
services, and roads.
The provisions of such water, storm and sanitary sewer facilities and services, and roads
will conserve and preserve the natural resources of this State by promoting and protecting the
0(W+86.0(XXX)7V+812424G9CH6.vI
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 nw®sity exists for the organization of said
District
The property cannot be developed without the creation of the District to finance the water,
sanitary sewer, and drainage facilities and swvices, and roads; therefore, a public necessity exists.
VIII.
The proposed hnprovements are practicable and feasible, in that the terrain of the tmritory
to be included in the proposed District is of such nature that water, storm and sanitary sewer
faciHties and services, and roads can be constructed or provided at a rasonable cost; and said
turitory will be rapidly developed for residmtial use.
IX.
A preliminary investigation has been instituted to determine the cost of the proposed
improvements to be constructed by the District, and it is now estimated by those Bling this petition,
from such information as they have at this time, that the ultimate cost of such improvements will
be approximately $52,923,295.00.
X.
WHEREFORE, the undersigned respectfully pray that this Petition be Wted in all
respects and that the city CoulcU of dIe City ofDmton, Texas, adopt a rwolution dving its written
consent to the creation of the District.
[THE REMhINDER OF THIS PAGE nfrENTiONALLY LEFr BLANK]
004486.000(X)7W812424GgH6.vl
RESPECTFULLY SUBFvHTrEDMis Mgqy of 2020
PETrrioNER:
FATES), INC
n
Title: Prwidmt
STATE OF TEXAS §
§
§COUNTY OF DENTON
Th, in,t„,m,,tw„ „k,,wI,dg,db,f„, m, ,, a, m d,y ,f %,hJ , 2020
by Lars $pringman, President of OLEX (UNIFED STATES), INC., a Delaware corporation, on
behalf of said corporation.
(NOTARY SEAL)
0
Notary Public. State of Texas
Comm. ExNr8& o+or.202t
Nonfy ID 7681601
0(W+86.00(XX)7Vt8 1242469(RavI
EXHIBIT “A”
BEING a tract of land situated in the Uberto AIIen Survey, Abstract No. 141 William Stonham
9urvey, Abstract No. 1145 and the Harris Young Survey, Abstract No. 1450, Denton County1
Texas and being the remaining portion of a called Tract One (1 53.48&acres) described in a
General Warranty Deed to Olex (United States), Inc., f/k/a Olex CorporaUon N. V., recorded in
Volume 1129, Page 185, Deed Records of Denton County, Texas, and being more particularly
described by metes and kx>unds as follows:
BEGINNING at an aluminum TXDOT right of way disk found on the westedy line of said Tract
One (153.48&acres), for the northwest corner of a called Parcel 17, described in an Agreed
Judgment to the State of Texas, recoded in Instrument No. 2012-80554, Official RecoFds of
Denton County, Texas, same being the northeast corner of a called Parcel 16, described in a
Deed to the State of Texas, recorded in Instrument No. 2009-7171 8, omcial Records of Denton
County, Texas, same also being the current northerly right of way line of U. S. Highway 380, a
variable width right of way;
THENCE North 00'02'22- West, departing the northerly right of way line of said U. S. Highway
380, along the westerly line of said Tract One (153.488-acres) and generally along a barbed
wire fence, a distance of 2,236.16 feet to a metal fence oorner post found for the northwest
corner of said Tract One (153.48&acres), same being the southwest corner of a called 1.931-
acre tract of land, described in a Special Warranty Deed to Vangard Wireless, LP, recorded in
Instrument No. 200$79339, Official Records of Denton County, Texas;
THENCE South 89'58'24" East, along the northerly line of said Tract One (153.48&acres), the
southerly line of said 1.931-acre tract, the southerly line of a called 5.00-acre tract of land,
described in a Warranty Deed to Amanda Noles Nelson, recorded in Instrument No. 2013-
92845, Official Records of Denton County, Texas, the southerly line of a alled 19.6390-acre
tract of land, described in a Special Warranty Deed to NancV Kay Jones, recorded in Instrument
No. 2010-57685, OfFicial Records of Denton County, Texas, the southerly line of Myers Farm,
an addition to the City of Denton, according to the final plat, recorded in Document No. 2011-77,
Plat Records of Denton County, Texas, and generally along a barbed wire fence, a distance of
2091.05 feet to a 1/2-inch iron rod with a yellow plastic cap found for the southeast wrner of
said Myers Farm, same being the southwest corner of called 21.1455-acre tract of land
described in a Special Warranty Deed to Janis June Myers. recorded in Instrument No. 2010-
57683, Official Records of Denton County, Texas;
THENCE South 89'53'09" East, continuing along the northerly line of said Tract One (153.488-
acres), the southerly line of said 21.1455-acre tract. and generally along a barbed wire fence, a
distance of 1368.48 feet to a 1/2-inch iron rod found for the northeast corner of said Tract One
(1 53.48&acres) and the southeast corner of said 21.1455-acre tract, same being on the
westerly right of way line of F. M. 156, a variable width right of way;
THENCE South 17'28'47- West, along the easterly line of said Tract One (153.488-acres) and
the westerly right of way line of said F. M. 156, a distance of 94,26 feet to a 5/&inch iron rod
with a red plastic cap, stamped “KHA” set at the beginning of a non-tangent curve to the right
having a central angle of 15'08'00", a radius of 5659.58 feet, a chord bearing and distance of
South 21 '13'35" West, 1490.50 feet, from said point, a wooden right of way marker bears South
13'42' West, 3.93 feet;
004486.0(XXX)7\48124246-9<B6.vl
THENCE in a southwesterly direction, continuing along the easterly line of said Tract One
(153.48&acres) and the westerly right of way line of said F. M. 156. along said curve to the
right, an arc distance of 1494.85 feet to a 5/8-inch iron rod with a red plastic cap, stamped
“KHA- set for comer, from which. a wooden right of way marker bears South 03'03' West, 1.20
feet
THENCE South 28'47'35- West, continuing along the eastedy line of said Tract One (153.488-
acres) and the westerly right of way line of said F. M. 156, a distance of 556.36 feet to an
aluminum TXDOT right of way disk found for the northeast corner of aforesaid Parcel 17, same
being the Intersection of the westerly right of way line of said F. M. 156 with the northerly right of
way line of aforesaid U. S. Highway 380;
THENCE in a westerly direction, departing the westerly right of way line of said F. M. 156, along
the northerly line of said Parcel 17 and the northedy right of way line of said U. S. Highway 380,
the following:
North 61'04'40- West, a distanoe of 679.63 feet to an aluminum TXDOT right of way
disk found for comer;
South 78'35'46- West, a distance of 296.07 feet to an aluminum TXDOT right of way
disk found for comer;
South 38'16'12- West, a distance of 548,81 feet to an aluminum TXDOT right of way
disk found for corner;
South 62'08'29- West, a distance of 218.57 feet to an aluminum TXDOT right of way
disk found for oorner;
South 86'OO'46- West, a distance of 322.43 feet to an aluminum TXDOT right of way
disk found for comer;
North 90'OO'OO- West, a distance of 469.04 feet to an aluminum TXDOT right of way
disk found for comer;
North 87'16'23- West, a distance of 413.60 feet to the POINT OF BEGINNING and
containing 144.086 acres (6276387 square feet) of land, more or less.
BEING a bact of land situated in the George W. Anderson Survey, Abstract No. 12, Uberto
Allen Survey, Abstract No. 14, Edward F. Anderson Survey, Abstract No. 16, B. B. B & C. RR.
Co. Survey: Abstract No. 168, B. B. B & C. RR. Co. Survey, Abstract No. 188, William Stonham
Survey1 Absbact No. 1145 and the Harris Young Survey, Abstract No. 1450, Denton County,
Texas and being the remaining portion of a called Tract Three (425.898-acres) described in a
General Warrarity Deed to Olex (United States), Inc., f/k/a Olex Corporation N. V., recorded in
Volume 11291 Page 185, Deed Records of Denton County, Texas, and being more particularly
described by metes and bounds as follows:
BEGINNING at an aluminum TXDOT right of way disk found on the easterly line of said Tract
Three (425.89&acres), for the southeast corner of a called Parcel 15, described in an Agreed
Judgment to the State of Texas, recoded in Instrument No. 2012-80591, Official Records of
Derion County, Texas, same being the intersection of the current southerly right of waY line of
004486.000007\48124246.9046.vl
U. S. Highway 380, a variable width right of way with the westerly right of way line of F. M. 156,
a variable width right of way;
THENCE in a southedy direction, departing the southerly right of way line of said U. S. Highway
380, along the easterly line of said Tract Three (425.898-acres) and the westeHy right of way
line of said F. M. 156, the following:
South 28'45'02- West, a distance of 581 .24 feet to a 5/8-inch iron rod with a red plastic
cap, stamped “KHA- set at the beginning of a tangent curve to the right having a central
angle of 03'49'00-, a radius of 5659.58 feet, a chord bearing and distance of South
30'39'32- West, 376.93 feet;
in a southwestedy direction, along said curve to the right, an arc distance of 377.00 feet
to a 5/8-inch iron rod with a red plastic cap, stamped “KHA” set for corner;
South 27'44'04- West, a distance of 1 18.70 feet to a 5/8-inch iron rod with a red plastic
cap, stamped -KHA- set for corner, from which, a wooden right of way marker bears
South 44'02’ West, 3.82 feet;
South 32'34'02- West, a distance of 1 000.02 feet to a 5/&inch iron rod with a red plastic
cap, stamped 'KHA- set for corner, from which, a wooden right of way marker bears
South 42'17’ West. 2.01 feet;
South 38'16'40- West, a distance of 100.50 feet to a 5/8-inch iron rod with a red plastic
cap, stamped -KHA- set for corner, from which, a wooden right of way marker bears
South 44'22’ West, 2.44 feet;
South 32'’34'02" West, a distance of 1900.00 feet to a 5/&inch iron rod with a red plastic
cap, stamped -KHA- set for oornor, from which, a wooden right of way marker bears
South 27'02’ West, 8.82 feet;
South 26'51'24- West, a distance of 100.50 feet to a 5/8-inch iron rod with a red plastic
cap, stamped -KHA- set for corneR
South 32'34'02- West, a distance of 924.50 feet to a 5/8-inch iron rod with a red plastic
cap, stamped -KHA- set for the beginning of a tangent curve to the left having a central
angle of 6'27'51-, a radius of 2924.79 feet, a chord bearing and distance of South
29'20'06- West, 329.80 feet;
in a southwesterly direction, wtth said curve to the left, an arc distance of 329.97 feet to
a PK nail with a washer, stamped -KHA- set in an asphalt road, known as Old Stoney
Road, an apparent public use roadway, no record found, for the southeast corner of said
Tract Three (425.898-acres);
THENCE South 89'39'42- West, departing the westerly right of way line of said F. M. 1561 along
the southerly line of said Tract Three (425.898-acres) and along said Old StoneY Road, a
distance of 1706.19 feet to a 1/2-inch iron rod found for the southwest comer of said Tract
Three (425.89&acres);
THENCE North o'02'12" West1 departing said Old Stoney Road and along the westedy line of
said Tract Three (425.898-acres), a distance of $443.65 feet to a 5/8-inch iron rod with a red
0(Wt86.0(XXX)7W8 124246-9(H6.v 1
plastic cap, stamped -KHA- set on the southerly line of a called Parcel 14, described in a Deed
to the State of Texas, recorded in Instrument No. 2008-19039. Official Records of Denton
County, Texas, same being the current southerly right of way line of aforesaid U. S. Highway
380
THENCE in an easterly direction, departing the westerly line of said Tract Three (425.898-
acres) and along the southerly right of way line of said U. S. Highway 380, the following:
South 87'16'2 IY East, passing at a distance of 8.26 feet, an aluminum TXDOT right of
way disk found for the south common corner of said Parcel 14 and aforesaid Parcel 15,
continuing for a total distance of 1 274.95 feet to a point for comec
North 63'54'58- East, a distance of 83.00 feet to a 5/&inch iron rod with a red plastic
cap, stamped -KHA- set for corner;
South 87'16'24- East, a distance of 299.75 feet to a 5/&inch iron rod with a red plastic
cap. stamped -KHA” set for corner;
North 88'52'11- East, a distance of 1520.81 feet to a 5/&inch iron rod with a red plastic
cap, stamped -KHA- set for corneR
North 90'OO'OO- East, a distance of 160.25 feet to a 5/&inch iron rod with a red plastic
cap, stamped -KHA- set for corneR
South 85'24'02- East, a distance of 457.49 feet to a 5/8-inch iron rod with a red plastic
cap, stamped “KHA- set for corner;
South 55'26'56- East, a distance of 259.95 feet to an aluminum TXDOT right of way disk
found for corner;
South 25'’29'50- East, a distance of 449.43 feet to an aluminum TXDOT right of way disk
found for corner;
South 61'21'38- East, a distance of 239.94 feet to a 5/8-inch iron rod with a red plastic
cap, stamped -KHA- set for cornec
South 54'31'02- East, a distance of 100.71 feet to an aluminum TXDOT right of way disk
found for corner;
South 61'21'39- East. a distance of 91.38 feet to the POINT OF BEGINNING and
containing 408.899 acres (1781 1656 square feet) of land, more or less.
(X)H86.O(XXX)7H8 1 24246-9(H6.vl
OZOZ aurlr
SOJOV egg -/+ . ;'*'I ’q""3 "}"'a
dId jdaouoOU