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HomeMy WebLinkAbout22-1352RESOLUTiON NO. 22-1352 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXASCONSENTING TO THE ADDITION OF CERTAIN LAND INTO LEGENDS RANCHMUNICIPAL UTILITY DISTRICT OF DENTON COUNTY. WHEREAS, the City of Denton, Texas (the “City”) received a Petition for Consent toAddition of Land to a Municipal Utility District (the “Petition”) executed by Legends Ranch Development, LLC, a Texas limited liability company (the “Petitioner”), attached hereto as Exhibit'A:” and WHEREAS, the Petition seeks to add that certain 45.782 acre tract of land described therein (the “Property”) to Legends Ranch Municipal Utility District of Denton County (the “District”), the same being located in the extratemitorial jurisdiction of the City; and WHEREAS, Texas Local Government Code, Section 42.0425, provides that land within the extratemitorial jurisdiction of a city, town or village may not be added to the District without the written consent of such city, town or village; and WHEREAS, the City Council of the City desires to give its consent to the addition of the Property to the District; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBYRESOLVES : Section 1 . The facts set out in the preamble are true and correct and are incorporated herein for all purposes. Section 2. Subject to the condition reflected in Section 4 of this Resolution, the City Council of the City hereby gives written consent, pursuant to Section 42.0425, Texas Local Government Code, to the addition of the Property to the District. Section 3. The City Council of the City officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place, and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall and on the official website of the City in the manner and for the time required by law preceding this meeting, as required by the Open Meetings Act, Chapter 551, Texas Government Code, and that this meeting was open to the public as required by law at all times during which this Resolution and the subject matter thereof was discussed, considered, and formally acted upon. The City Council further ratifies, approves, and confirms such written notice and the contents and posting thereof. Section 4. If requested by the City, the City and Petitioner may execute a development agreement regarding the development of the property within the District, pursuant to Texas Loc.Gov’t Code Ch. 212. Section 5. This Resolution take effect immediately from and after its passage and is accordingly so resolved. The this Resolution mademotiontowasapprove seconded by B-wa by the following vote U - Z] : by IIedWell andthe Resolution was passed and approved Aye \/ Nay Abstain Absent Gerard Hudspeth, Mayor: Vicki Byrd, District 1 : Brian Beck, District 2 : \/ b/ \// r ./ Jesse Davis. District 3 : Alison Maguire, District 4: Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6:,/ PASSED AND APPROVED thi, th, 2rth d,y ,f Tune _, 2022. €sfZ„„;. ATTEST: ROSA RIOS, CITY SECRETARY b\\\1l111111 APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY A Digitally signed by MackBY: Wu£ 6h'„~J Eid!!::::1:„,'„,“ EXHIBIT "A’' PETrriON FOR CONSENT TO ADDITION OF LANDTO A MUNICEP AL UTEITY DISTRICT THE STATE OF TEXAS § COUNTY OF DENrON g TO THE HONORABLE MAYOR AND CITY COUNCEL OF THE crrY OF DENTONTEXAS The undersigned, Legends Ranch Development, LLC, a Texas limited liability company (the '’Owner"), acting pursuant to the provisions of Chapters 49 and 54 of the Texas Water Code, and Section 42.0425 of the Texas Local Government Code, respectfully petitions the City of Denton, Texas for its consent to the inclusion of land in the proposed Legends Ranch Municipal Utility District of Denton County (the “District”), and in support of this Petition would respectfully show the following: 1. The approximately 45.782 acres sought to be added to the District (the "Tract") is described by mens and bounds in Exhibit “ A,” attached hereto and made a part hereof for all purposes, H. The Tract lies within Denton County, and not within the boundaries of any incorporatedcity or town. The Tracts lies within the exclusive extratenitodal jurisdiction of the City of Denton, Texas, as such term is determined pursuant to Chapter 42 V. T.C. A. Local GovernmentCode IE. The Owner is the holder of title to the Tract as shown by the Denton County Tax Rolls and conveyances of record. There are no lienholders on the Tract. rv. 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 of the harmful excess of waters and the reclamation and drainage of overflowed lands within the lands to be includedwithin the District; 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. 486 1-7452-&+22.v2 V. 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 waterworks system and storm and sanitary sewer collection and disposal systems and roads will conserve and preserve the natural 'nsources 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 Tractwithin the District. VI Said proposed improvements are practicable and feasible, in that the terrain 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 residential purposes. ViiI. A preliminary investigation has been instituted to determine the cost of the project attributable to the TracE and it is now estimated by the Owner, from such information as it has atthis time, that the ultimate cost of the development contemplated will be approximately $ 10,000,000, WHEREFORE, the undersigned respectfully pray that this Petition be granted in allrespects and that the City Council of the City of Denton, Texas, adopt a resolution giving itswritten consent to the inclusion of the Tract in the District. [SIGNATURES ON THE FOLLOWPqG PAGES] 4861 -7452-3422.v2 RESPECTFULLY SUBMITTED, thisa# day OWNER: LEGnqDS RANCH DEVELOPMENT, LLC, a Texas limited liability company ByName:–Leonard S. Zak Title: Manager THESTATEOFTEXAS g -§COUNTY This instrument was acknowi 2022, by Leonard S, Zak, Manager 3dged before me on this%# day of of Legends Ranch Development, LLC, aon +nhK of said limitedMiDAHOliability cornpany . Septembef 17, 202S 6 bO Q t (NOTARY SEAL) 4861 -7452-3422.v2 E>GnBrr “ A“ ! BEING a trad of hnd kx;atnl h the U.E.P & P. RR. Co. SuW. Abdnd No. 1470, City of DettB>n and CIty ofclanton ExtntalitM81 JurtgdkHkwt (E,T.J.), ambIt County. Texu, part of a c8&a 565.384 8a8 Bad deuribed irlthe deed b Lewnd8 Rnrcll Dewbprsent. LLC. nwrded bl In8bument No. 2018'346384 dtIto Offkial R©otd8 af OH,bn Co„,ty: T„an (O.RO.C.+)'. and hM pa,tiwhrty UaW by men end txK#ta as btn& BEOINNING at an duninum TxDOT dghtof'way monument found on he notthorV IW cf WW Rte oF U.S. HIghway 380. 8wno bobo on the uH line d 8 atbd 30.470 WB tract of land dewRW h the deed to Larry LBaIley and spou88, Patrklia L. Bailey. r8eoalni in Volume 6408. PW 4766 of tIn Deed Rn£xxb a1 Denton County,Tons (D.R.D.C.T.). WIn abe tHing the 80uthedy RxrthwB8t comer d mid 565.384 aae trad; THENCE North 00•1126- EaR with the east line of 88kf 3D.470 acre trad and the southerly wwt line of ukl 565.384 age tract, a di8tarw o1 1022.88 feet to 8 2.Inch pIpe found h the swat Ibn cfaulted 43.92 acn &actle&nand in the deed to Ln9wrds Ranch Devek>patent. LLC. reocxded h In8trwtvent No. micK>B1889 O.R.D.C.T.. for the northeast garner d utd 30.470 acre tract and the wutlwty ncHhw8at wmw oF nH 585.WI awe tract THENCE NaTe1 8u274a Ead, &th Bn BauM Ine aluN 43.82 mB tIBet and a %XJttHrty rnrth Sae al Bad $85.384aaB tIBEt a dIBhn® af 852.55 det to a poInt for Hrfnn THENCE dewwtg b8 south Hnd of said 43.82 acre tract and eu ntRherty north IIte of saB 566.384 we butcloning gail 585.364 ean tncLhtw folbwtrtg gaum88 end di8bnm: South eo•wlz E88C a di8t8noe of 559.24 feet to a point hr cxrrn8C South 57'3743- East, a di8tanea af 386.tB feet b a point kx comM Soub 47•OO’34- E88L a dist8rxIe of 126.12 feet b a point for South 08•44'5Z V\h& a distan@ of 226.88 bet b 8 point for com8C South 83Qa3r EM a d£Bne8 af 664.20 ha to a Nnt for an lnteltor wner duB 565.364 aaa trad; THENCE Saua1 06%+41• Ma a dbbnH at 372.48 feet b a point on the not#@ dght#v8Y heat gdtI us. Highway 380, nine being Bte wwtady wuthegSt wrnw af saRI 585. WI no hint THENCE deng Bn norttIelty rt#ay &lee c# aab U.S. HIghway 380, wIth nxltheW Inn at 88H SBS.384 nm keel the blowing ewan and dbt8nns: Nora1 83'15'lr Wb& a dIstance of 314.23 feet to an aluminum TxDOT dghtof-waY axxwment &wfd b1Qonlec 8ouOt 88•r38e WBg. a &btanH at 355.99 bet b a le&CtI iron rod #th He Btamr)dTtPLS 4561- bundfor eartH North 83'15'Cie Wb& a dIsbnc {1.984.281 square hat) df land, e of 1703.98 feet to the PONT OF BEGINNING aH mnbkHn9 45.782 eems more or bss.EXHIBIT "A" M.E.P. & P. RR. Co. suRveY.ABSTRACT NO. 1470CITY OF DENTON AND mY OF DEhrroN E.T.J.DEMON CDu}frY, TEXAS PREdMhARY THIS DOCUMENT SHALLNOT BE RECORDED FORANY PURPOSE ANDSHALL NOT BE USED ORVIEWED OR RELIEDUPON AS A FINAL;'""W="' MICHAEL MARX REGISTERED PROFEHDNALLAND SURVEYOR NO. S1816160 WARREN PICVW„ $tXTE 210FRISCO. TDCAS 75034PH. 972.33$3580rr#dled.awxekpWwn.WII H£n Hr nB Hjegg tOUGH it it ${)) :it ;Sl 4861-7452-3422.v2 I I #! gk §$ •III!I!!I!III=AgEgeT ~\A APPROXIMATE I I I N89'2740fE 852.59 ! ! !CALLED 665.384 ACRESLEGENDS RANCH DEVELOPMENT. LLC o.i.D.c.T.I I I I I I I i I 45.782 ACRES (1,994,261 SQ. Fr.) PARCEL 3STATE OF TDCASINST. NO. 2007.144788O.R.D.C.T. ALW. TXDOT RCMON. FND. NOTES BeartU W808m based on tIle TexnC<xxcfmb BUnt d 1983, NotttI Central Zun (42t12), Nan AaerH:an Datum of 1883. M.E.P. & P. RR. Co. SURVEY. EXHIBIT "A" ABSTRACT NO. 1470 LEGEND CITY OF DENTON AND crrY OF DENTON E.T. J.DENTON COUNTY. TEXASP.0.8. B PO8rr OF BEGINNINGIRS(' . W IRON ROD WHHA' CAP SErIRFC ' IRON ROD WIUP FOUNDIN , IRON PIPE FOUNDD.R.D.C.T. B DEED RECORDS OF DENrON couMrY. TDKAS 0.R,D.C. T. a OFFICIAL RECORDS. DENTONcouvrY. TO(AS EiHHmHWr#::Ml:=buBlltd B nun itS $BW 4861-7452.3422.v2 I I I I I I CALLED 565.384 ACRESLEGENDS RANCH DEVELOPUEVr, LLCtNsr. NO. 201F140BB4ORD.C.T. aRAPw8CALEWF6Fr .S47W34"E126.12' 45.782 AcRES(1,994:261 ba. Ft) I I I N&3'15'lgW314.23'ALUM. TXDOT R.O.W. MON. FND. 380 PARCEL 6 . PART I===--=n.STATE OF TOtASINST. NO. 20061 16573RO.R.D.C.T.I NOTES P.0.8. B POWT OF BEGINIWNGIRSC . w IRar ROOVWXHA' cM urIRFC B IRON ROD WCAP FOUNDIFF B IRON PIPE Fatwa D.R.D.C.T. = DEED RECORDS OF DENTON couNrY. TD(AS0.R.D.C.T. . OFF tOtAL RECORDS. DENTONCOUbW. TD(AS ml PPbraw LEGEND BearbIg 8y8bm b8s8d ori Bre Tun Ccxrlllh8u System ot1983. NorM CHad ame (4202). Nor&I ArIHfbBI Detlm Of1983. EXHIBIT "A" PREM'RARY „,*„:=!:1' JF;;::,'„, THIS DOCUMENT SHALL DENTON COUIfTY. TEXASNOT BE RECORDED FORANY PURPOSE ANDSHAI I NOT 8E USED ORIVIEWED OR RELIEDUPON AS A FINALSURVEY DOCUMENTq-ReP’ MICHAEL MARX REGISTERED PROfESSiONALLAND SURVEYOR NO. 51818180 WARREN PKWY.. SUITE 210FRISCO. TDCAS 75034PH. 872.33&3580 iiE,$gRas anm =m1Jac MIleIA {VWNI noBletoo SO#3 486 1-7452-3422.v2