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HomeMy WebLinkAbout22-1351RESOLUTiON NO. 22-1351 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXASCONSENTING TO THE CREATION OF LEGENDS RANCH MUNICIPAL UTILITY DISTRICT OF DENTON COUNTY, WHICH LIES WITHIN THE EXTRATERRITORLALJURISDICTION OF THE CITY OF DENTON WHEREAS, Legends Ranch Development, LLC, a Texas limited liability company (the “Petitioner”), desires that the City of Denton consent to the creation of Legends Ranch Municipal Utility District of Denton County (the “District”) to serve the approximately 496.136 acres of land,more or less, in Denton County, Texas as described in Exhibit “A“ attached hereto and incorporated herein for all intents and purposes; and WHEREAS, the land to be included within the District is located wholly within the extratemitorial jurisdiction of the City of Denton, Texas; and WHEREAS, the Petitioner has submitted to the Mayor and City Council of the City of Denton, Texas a Petition for Consent to Creation of Legends Ranch Municipal Utility District of Denton County; and WHEREAS, the general nature of the work to be done in the District is the construction, acquisition, maintenance and operation of a waterworks system, a sanitary sewer system, a storm water drainage system and roadway system; and WHEREAS, the City Council of the City of Denton, Texas desires to adopt a Resolution for the purpose of consenting to the creation of the District and consenting to the issuance of bonds for the construction of a waterworks system, a sanitary sewer system, a storm water drainage system and roadway system; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBYRESOLVES : Section 1. Subject to the condition reflected in Section 3 of this Resolution, the City Council of the City of Denton hereby grants its consent to and the Mayor is instructed to execute such additional documents, if any, as required to evidence the City of Denton’s consent to thecreation of Legends Ranch Municipal Utility District of Denton County on that portion of the property described on the attached macs and bounds description located within the extratemitoriai jurisdiction of the City and to consent to issuance of bonds for the construction of a waterworks system, a sanitary sewer system, a storm water drainage system and roadway system. Section 2. This Resolution take effect immediately from and after its passage and is accordingly so resolved. Section 3. 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. The motion to approve this Resolution was made bytheseconded by eno by the following vote Lq - z] C3or®rcl Uvds€eqh ,„dResolution was passed and approved Aye b/ b/ \/ \/ 1/ V/ b/ Nay Abstain Absent Gerard Hudspeth, Mayor: Vicki Byrd, District 1 : Brian Beck, District 2: 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, gP day of aIAna 2022 , MAYOR ATTEST: ROSA RIOS, CITY SECRETARY BIll IIttle APPROVED AS TO LEGAL FORM: MACK RErNWAND, CITY ATTORNEY BY:–d'„£KhJ :H:=::::„:::„„,'.. EXHIBIT '’A" PETITION FOR CONSENT TO CREATION OF LEGENDS RANCH MUNICIPAL UTILITY DISTRICT OF DENTON (.'OUNTY THE STATE OF TEXAS § COUNTY OF DENTON § TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF DENTON: The undersigned (oollectively, the “Petitioner”), acting pursuant to the provisions of Chapters 49 and 54 of the Texas Water Code, and Section 42.042 of the Texas Local Government Code, respectfully petitions this Honorable Council for its consent to the creation of a municipal utility district, and for cause would respectRrlly show the following: 1. The name of the proposed District shall be “Legends Ranch Municipal Utility District of Denton County” (the “District”). 11. 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, together with all amendments and additions thereto. 111. The District shall contain an area of approximately 496.136 acres of land (the “Property”), situated within Denton County, Texas, described by meted and bounds in Exhibit “A,” attached hereto and incorporated herein. The District is located wholly within the extraterritodal jurisdiction of the City of Denton, Denton County, Texas, and the District is not within the corporate limits or extraterritorial jurisdiction of any other city, town or village. IV. The undersigned constitutes 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. V. The proposed District shall be organized for the following purposes: 48 10.5696-2474.vI (1) (2) (3) (4) (5) provide a water supply for the District for municipal and domestic uses; collect, transport, process, dispose of and control all domestic, industrial, or communal wastes whether in fluid, solid, or composite state; gather, conduct, divert and control local storm water or other local harmful excesses of water in the District; construct, acquire, improve, maintain and operate macadamized, graveled, or paved roads and turnpikes, or other improvements in aid of those roads; and such other construction, installation, maintenance, purchase, and operation of such additional facilities, systems, plants and enterprises as shall be consistent with the purposes for which the District is organized. The aforementioned purposes may be accomplished by any mechanical and chemical 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 andrestored. VI. The general nature of the work anticipated to be done by the District at the present time is: (i) the construction of a water distribution system for domestic purposes; (ii) the construction of a sanitary sewer system; (iii) the control, abatement and amendment of the harmful excess of waters and the reclamation and drainage of overflowed lands within the District; (iv) the constriction and financing of macadamized, graveled, or paved roads and turnpikes, or improvements in aid of those roads; and (v) such other construction, installation, maintenance, purchase and operation of such other facilities, systems, plants and enterprises as shall be consistent with the purposes for which the District is organized, all to the extent authorized by law from time to time. VII. There is a necessity for the improvements above described because the District is located within an area which will experience a substantial and sustained residential growth within the foreseeable future, is urban in nature and is not supplied with adequate water, sanitary sewer, drainage facilities and services, 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 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 organization of saidDistrict 48 ICb569G2474. v 1 The property cannot be developed without the creation of the District to finance the water, sanitary sewer, and drainage facilities and services, and roads; therefore, a public necessity exists. VIII. The proposed improvements are practicable and feasible, in that the terrain of the territory to be included in the proposed District is of such nature that water, storm and sanitary sewer facilities and services, and roads can be constructed or provided at a reasonable cost; and said territory will be rapidly developed for residential 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 filing this petition, from such information as they have at this time, that the ultimate cost of such improvements will be approximately $54,693,800. X. 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 writtenconsent to the creation of the District. [THE REMAnqDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 4810.5696-2474. v 1 RESPECTFULLY SUBMITFED thisthe a day of:@ J 2020 PETITIONER: LEGENDS RANCH DEVELOPMEM, LLC, a Texas limited liability company ByName: Leonard S. Zak Title: Manager STATE OF TEXAS § § §COUNTY OF ML Thi, h,t,„„,,t w„„k„,wl,dg,db,f„, m, ,,th, aq,y ,I Leonard S. Zak, Manager of Legends Ranch Development, LLC, a 2020 by liability company, on behalf of said limited liability company. Texas Notary Pu1 nY A. DULANEYNotary PubLicState of TexasID # 125125425 Comm. Expires 08/20/2020 4,' in and for Ihl ltate of Texas (SEAL) 4810-5696-2474.v 1 EXHIBIT “A“ LEGENDS RANCH MUNICIPAL UTILrIY DISTRICT OF DENTON COUNTY496.136 ACRES T. Polk Survey, Abd. No. 998,T. Egan Survey, Abst. No. 406,M. DavIs Survey, Abd. No. 374,G. Orr Survey. Ab st. No. 985M.E.P. & P.P.R. Co. Survey. Abst. No. 1470City of Denton nJ, Denton County, Texas BEING all that certain lot, tract, or panel of land situated in the G. Orr Survey Abstract Number 985, the W. Davis Survey Abstract Number 374, the T. Polk Survey Abstract Number 998, the T. Egan Survey Abstract Number 4(B and the M.E.P. and P.R.R. CompanySurvey Abstract Numtnr 1470 in the City of Denton, Denton County, Texas, being a part of that certain tract of land conveyed by deed from Wise Asset Management Corporation toWise Asset #1 , Ltd. recorded in Volume 4797, Page 528, Real Property Reads, DentonCounty, Texas and being all of Lots 2-5, Bkx;k A and all of Lots 1-3, Block B of Golden Hoof Ranchettes, an Addition to Denton County, Texas, according to the plat thereof recorded in Volume 4, Page 8, Plat Records, Denton County, Texas and being more particulartydescribed as follows: COMMENCING at a right of way disc found for corner in the north line of U.S H©hway Number 380, a public roadway having a variable width right of way, said point being thesoutheast of that certain tract of that certain tract of land conveyed by deed from Mark L.Schrimpf to Larry L. Bailey and Patdda L. Bailey, recorded in Volume 5409, Page 4755,Real Property Reoords, Denton County, Texas; THENCE N 00' 12’ 20” E, 1022.80 feet with the east line of said Bailey tract to an iron pipe found for corner, said point lying in the south line of said On Survey and in the south line of that certain tract of land conveyed by deed from Wise Asset Management Corporation toJan K. Bradley, reoorded under Clerk’s File Number 93-R0091889, Real Property Records, Denton County, Texas; THENCE N 89' 27’ 40” E, 852.39 feet with said south line said On Survey and said southline of said Bradley tract to the POINT OF BEGINNING; THENCE N 89' 27’ 40” E, 222.97 feet with said south line said On Survey and said south line of said Bradley, said point being the southeast comer of said Bradley tract; THENCE N 54' 20’ 29” W, 225.34 feet with the east line of said Bradley tract to a point for corner in said Hickory Creek; THENCE N 69' 29' 24” W, #19.26 feet with said east line of said Bradley tract to a point forcorner in said Hickory Creek; THENCE N 17' 39' Q4” W, 543.10 feet with sad east line of said Bradley tract to a point insaid Hickory Creek, said point being the northeast corner of said Bradley tract; THENCE N 89' 48’ 46” W, 2093.20 feet with the north line of said Bradley tract to a railroadspike set for corner point in an east line of the W. Stoneham Survey Abstract Number 1 145and in Nail Road, a public roadway, said point being the northwest corner of said Bradleytract THENCE N 00' 20’ 22” E, 631.35 feet with said east line of said Stoneham Survey and withsaid NaH Road to an iron rod found for corner in the southeasterty line of the G.C. and S.F.Railroad Company right of way; THENCE N 28' 39’ 15” E, 1355.14 feet with said southeasterly line of the G.C. and S.F. Railroad Company right of way to a railroad spike set for corner in Jackson Road, a publicroadway and in a south line of said Stoneham Survey; THENCE N 89' 33’ 44” E, 1746.85 feet with the said south line of said Stoneham Surveyand with said Jackson Road to and iron rod found for oorner, said point being the southeast corner of said Stoneham Survey; THENCE N 00' 57’ 04" E, 138.93 feet with the most easterly east line of said StonehamSurvey to an iron ral found for corner; THENCE N 89' 14' 20” E, 2597.32 feet with said Jackson Road to and iron rai found forcorner; THENCE N 87' 52’ 07” E, 2285.31 feet with said Jackson Road to and iron rai found for corner at the intersection of said Jackson Road and Tbomas J. Egan Road, a public roadway; THENCE S 00' 12’ 20” W, 3028.48 feet with said Thomas J. Egan Road to a Mag Nail setfor corner in said Thomas J. Egan Road; THENCE N 83' Q9 51” W, 22.64 feet to an iron rod marked 4561 set for comer in the west line of said Thomas J Egan Road, said point being the northeast corner of said Golden Hoof Ranchettes, an AddItion to Denton County, Texas, recorded in Volume 4, Page 8, PlatRecords, Denton County; THENCE S 00' 27’ 25” W, 835.02 feet with said west line of said Thomas J. Egan Road toan iron rod for corner; THENCE N 83' a9’ 04' W, pass at 10.06 feet the northeast comer of Lot IRI of Golden Hoof Ranchettes, an Addition to Denton County, Texas according to the plat thereofrecorded under Document Number 2015-319, Plat Records, Denton County, Texas andcontinuing a total distance of 960.42 feet with the north line of said Lot IRI of said GoldenHoof Ranchettes and with the north line of Lot 6, Block A, of said Golden Hoof Ranchettes, recorded in Volume 4, Page 8, Plat Records, Denton County, Texas to an iron rod found forcomer in the east line of Golden Hoof Drive, a public roadway having a right of way of 60feet THENCE S 00' 26’ 47” W, 284.06 feet with said east line of said Golden Hoof Drive to an iron rod set for corner; THENCE N 83' 15’ 08” W, 2780.56 feet with the south line of said Lot 6 of said Golden HoofRanchettes and with the south line of Lot IR2 of said Golden Hoof Ranchettes to an iron rod set for oornec THENCE N Q6'44'52" E, a distance of 225.39 feet, to an iron rcxi set for corner; THENCE N 47'09'34" W, a distance of 126.12 feet, to an iron rod set for comer; THENCE N 57'37'4 y' W, a distance of 396.06 feet, to an iron rod set for corner; THENCE N 60'36'12" W, a distance of 559.09 feet. to the PLACE OF BEGINNING and containing 496.136 acres of land. EGENDS RANCH MUNICIPAL UTllrrY DISIRlcrOF DENTON COUNTY T. Polk Swvey, Abst. No. 998,T. Eagan Survey, Abst. No. 406,M. DavIs Survey, Abd. No. 374,G. Orr Survey, Abst. No. 985M.E.P. & P.P.R. Co. Survey, Abst. No. 1470 CIty of Denton nJ. Denton County, Texas i \--\ '\"\\ -\, i SHEET INDEX i i i i i i : ! no / „._/ ===SHEET )BUIB UHHHUBu=nBnHHHBu=ll•SHEEr 2 u•unLe8a03;V0aal 496.136 ACRES 21 ,61 1,684 SF rf rj -'a,i I i'//: j LI T=F;i;iI?cmf i LEGENDS RANCH MUNICIPAI unurY DBrRICIOF DEHION COUHIY BOUNDARY EXHIBIT 1500 0 750 150( T. TABOR CONSULTING, PLLCFIRM I.D # 5279 496.136 AC bf Denton ETJCounty, Texas Scale: 1- = 1500' J I /I [-.~LEGENDS RANCH MUNICIPAL LrrILlw DISTRlcrOF DENTON COUHIY T. Polk Survey, Abst. No. 998,T. Eagan Survey, Abst. No. 406,M. DavIs Survey, Abst. No. 374,G. Orr Survey, Abst. No. 985M.E.P. & P.P.R. Co. SUIvey, Abd. No. 1470CIty of Denton EU. Dento;l'County, Telas -\ I N !}{5( 1f-'-–''–-'A-',II I I II \ I / 1IJ / II : I HAM L saiRRPF TOWRY L BALEY &DPArRnA L aNL£Y\OL HOB, Pa 4755 BE AUFwwDlnIT CORP. aN K BRADLEYCF. pFRngIUgRPR.OtT 28iii:: =iI g +/B I \ig 8i = gI On / }i: a-.- -i- 2 I ////// ///// ,/I,':„n, / I IB BN O'12'20- EI022.80' / /: // / / / / \ 100gUOe :ISIC"")aIn I I / / /./ / I=•Hl•=•ll•SHEEr 1n•Hll•B=•IHll• =IHIHlllSHEEr 2 =•HIH=Hll•U•Hll• LEGENDS RANat BOUNDARY EXHIBIT496.136 AC 1500 0 750 150( T. TABOR CONSULTING. PLLCFIRM I.D # 5279 if Denton ETJCounty. Texas Scale: 1-= 1500' LEGENDS RANCH MUNICIPAL tnlUTY DlsrRICTOF DENTON COUNTY T. Polk SUIvey, Abst. No. 998,T. Eagan Survey, Abst. No. 406,M. DavIs Survey, Abst. No. 374,G. Orr Survey, Abst. No. 985M.E.P. & P.P.R. Co. Survey, Abst. No. 1470CIty of Denton EN. Denton County, Texas nHI••I• ••II••• •HHIH= P / / //////////++/ SHEEr 1l•n••IH nmBSHEEr 2 ll•IHH••BB•HHalIH Z -:Fl /96.136 ACRES ,...'’ / 21,61 1,684 SF/,,'“/// / #/ J t1 /.//// //// 4 63700aal Z 00\JcHt\)t:)qJBFI SOO'26’47”W 284.06';'–t // / /tJII / /IS 0'27'257 W 835.4 N 83'09'51'’22.64' 3028.48’ i ij j I a I /I LEGENDS RANCH MUNICIPAI utILrrY D6THCrOF DEMON COUHIY BOUNDARY EXHIBrr496.136 AC 1500 0 750 150( FIRM I.D # 5279t. M©M®@ML INC. PLLC Denton ETJCounty, TexasDI Scale: 1- = 1500’