HomeMy WebLinkAbout22-2187RESOLUTION NO. 22-2187
A RESOLUTION OF THE CITY OF DENTON CONSENTING TO THE CREATION OF THEROCKY TOP RANCH MUNICIPAL UTILITY DISTRICT OF DENTON COUNTY.ENCOMPASSING APPROXIMATELY 400.115 ACRES OF LAND, LOCATED WITHIN THEEXTRATERRITORLAL JURISDICTION OF THE CITY OF DENTON, TEXAS, ANDCONSENTING TO THE ADDITION OF APPROXIMATELY 352.453 ACRES OF LAND,LOCATED WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF
DENTON, TEXAS INTO ROCKY TOP RANCH MUNICIPAL UTILITY DISTRICT OFDENTON COUNTY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on May 23, 2021, the Texas Governor signed into law Senate Bill 2208 which
authorized the creation of the Rocky Top Municipal Utility District, located in Denton County and
partially inside of the City of Denton’s extratemitorial jurisdiction, provided the City consents to
the creation of the district by ordinance or resolution; and
WHEREAS, Lackland Rocky Top Development, LLC and FF Denton County Land
Investments, LLC submitted to the City of Denton a Petition for Consent to Creation of Rocky
Top Ranch Municipal Utility District of Denton County (the “Creation Petition”), attached hereto
as Exhibit ’'A," encompassing approximately 400.115 acres of land (“District Property”) pursuantto Section 42.042 of the Texas Local Government Code and Section 54.016 of the Texas Water
Code; and
WHEREAS, FF Denton County Land Investments, LLC submitted to the City of Denton
two Petitions for Consent to Annexation of Land into Rocky Top Municipal Utility District of
Denton County (the “Annexation Petitions“), attached hereto as Exhibit "B," encompassing
approximately 352.453 acres of land (“Annexation Property”) pursuant to Section 42.0425 of theTexas Local Government Code and Section 54.0165 of the Texas Water Code; and
WHEREAS, Lackland Rocky Top Development, LLC and FF Denton County LandInvestments, LLC (collectively, “Developers”) are the owners of the majority in value of
approximately 752.568 acres of land (collectively, the District Property and the Annexation
Property are the "Property") in the City of Denton's ExtratenitoriaI Jurisdiction, as shown on the
map attached hereto as Exhibit "C"; and
WHEREAS, the Petitions submitted by Developers requested the City’s consent to (a) thecreation of Rocky Top Ranch Municipal Utility District of Denton County ("District“) on the
District Property, and (b) the addition of Annexation Property into the District; and
WHEREAS, the Property encompasses approximately 752.568 acres of land located on the
western edge of ETJ 2; 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, pursuant to Senate Bill 2208, the City of Denton must consent for the Districtto be created; and
Page 1
WHEREAS, pursuant to Chapter 54 of the Texas Water Code and Chapter 42 of the Texas
Local Government Code, the City of Denton must consent for property located in the City’s ETJto be added to the District; and
WHEREAS, the City’s consent is conditioned upon Developers’ dedications of rights-of-
way, participation in the costs for construction of public rights-of-way, construction of driveways
connecting the MUD to public rights-of-way in a prescribed manner, and provision of title researchproving clear title for MUD 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 creation of Rocky Top
Ranch Municipal Utility District of Denton County on the District Property and the annexation of
the Annexation Property into the District, covering the approximately 752.568 acres of land asdescribed in the Creation Petition and Annexation Petitions and as shown on Exhibit “C” with the
following conditions :
a. Developers shall dedicate a right-of-way one hundred ten feet (110’)in widthfor reconstruction of Jackson Road where the Southwest corner of the District
meets Jackson Road in a manner substantially as shown on Exhibit “D” and asapproved by the City of Denton and Denton County;
b. Developers shall contribute at least one million dollars ($1,000,000) to DentonCounty for the costs of reconstructing Jackson Road;
C.Developers shall construct a driveway connection to Jackson Road on the
remainder lot on the south side of the new Jackson Road curve alignment in amanner substantially as shown on Exhibit “E,” and shall construct a shared
driveway between at least two of the three lots that have direct frontage on
Jackson Road numbered 1, 2, and 3 and highlighted on Exhibit “C,” attached,in a manner approved by the City of Denton and Denton County;
d. Developers sha11 reserve rights-of-way for Denton County extending an
additional twenty feet (20’) from Jackson road onto any lots fronting JacksonRoad;
e. Developers shall provide a title policy or title commitment to the Development
Services Departments of the City of Denton and Denton County showing that
Developers hold clear title to all of the property in its petitions and showing
clear title to any property to be dedicated or reserved for rights-oF.way;
f. All road, water, and wastewater projects must meet all construction standards,
subdivision requirements, and regulations of Denton County, pursuant to the
interlocal agreement between Denton County and the City; and
Page 2
D• J=-''V-VrV'V V''V''- VV+V-“- b’V'VV'' ' XV'V“ V'rr' V ' V-- AZV“- V-V DV ’V'-“'-V--'V'- V-'V'V '• ''-'
jurisdiction over such matters.
SECTION 3. The provisions of this Resolution are severable. If any part of thisResolution is declared invalid, unenforceable, or unconstitutional, that declaration shall not affect
the part which remains.
SECTION 4. This Resolution shall take effect immediately from and after its date and
passage.
Th, moti,„ t, ,pp„Je thi, R„,I„ti,„ w„ m,d, by hM Ba ,„dseconded by Bse Dw IS ; the Resolt) d bythe following vote La - a :
Nay Abstain AbsentAye
Mayor Gerard Hudspeth: /
Vicki Byrd, District 1 : p
Brian Beck, District 2: k
Jesse Davis, District 3 : /
Alison Maguire, District 4: (
Brandon Chase McGee, At Large Place 5 : /
Chris Watts, At Large Place 6: /
PASSED AND APPROVED this the Lgqay of CMb , 2022.
aE–iFR–D–mDlmraA–Y–a
ATTEST:--R CITY SECRETARYIItH
3bsos SAA2Ae, aNIl
APPROVEO AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
Digitally signed by Scott
BrayDate: 2022.10.14
16:54:13 -05’OO'
Page 3
Exhibit A
PETITION FOR CONSENT TO CREATION OF
ROCKY TOP RANCH MUNICIPAL UTILITY DISTRICT OF DENTON COUNTY
THE STATE OF TEXAS §
couNrY OF DENTON §
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF DEMON:
The undersigned (collectively, the “Petitioners”), 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 respectfully show the following:
1.
Rocky Top Ranch Municipal Utility District of Denton County (the “District”) was created
pursllant to Senate Bill 2208, 87th Texas Legislature, Regular Session, codified at Chapter 7905,
Texas Special District Local Laws Code, effective September 1, 2021 (the “District Legislation”),
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, as amended.
11.
The District shall contain an area of approximately 400.115 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 exclusive Extratenitorial
Jurisdiction Division 2 of the City, Denton County, Texas, and the District is not within the
corporate limits or extIatenitorial jurisdiction of any other city, town or village.
111.
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.
IV.
The proposed District shall be organized for the following purposes:
(1)
(2)
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;
017571 .0CX)001\487Cb8369-3078.vl
(3)
(4)
(5)
gather, conduct, divert and control local storm water or other local harrnful excesses
of water in the District;
construcl acquire, improve, maintain and operate macadamized, graveled, or paved
roads and turnpike$ or other improvements in aid of those roads; and
such othu 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 incidmt, neoessary 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 puity and sanitary condition of the State’s waters protected, effected and
restored
V.
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 construction and
financing of macadamimd, 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 organimd, all to the extent authorized by law from time to time.
VI.
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 oonserve 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
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.
017571,0CX)001\487C)-8369-3078.vI
VII.
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.
VIII.
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,
aom such information as they have at this time, that the ultimate cost of such improvements will
be approximately $16,495,978.18.
IX.
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 creation of the District.
[THE REMAn{DER OF THIS PAGE INTENTIONALLY LEFT BLANK]
017571.000001\4870-8369-3078.vI
RESPECTFULLY SUBMITTED this the 15 day of _LAb , 2022.
PETITIONER:
LACKLAND ROCKY TOP DEVELOPMENT, LLC
a Texas limited liability company
H. Fleet
Title: President
STATE OF TEXAS §
cou]frY OF%rrarJ §§
This instrument was acknowledged before me on the D day of a,ne , 2022
by Tim H. Fleet, President of Lackland Rocky Top Development, LLC, a Texas limited liability
company, on behalf of said limited liability company.
aga'&
Notary Public in and for the State
017571.000001\4870-8369-3078.vI
PETITIONER:
FF DENrON couNrY LAND INVESTMENTS, LLC
a Texas limited liability company
By:
Name:
Title:
STATE OF TEXAS !
§
COUNTY orTa#r6,vxr §
This instrument was acknowledged before me on the 15day of mb , 2022 by
Tim H. Fleet, President of FF Denton County Land Investments, LLC, a Texas limited liability
company, on behalf of said limited liability company.
Notary Public in and for the State of Texas
(NOTAJR ]
017571.00000 l\487CF8369-3078.vl
E)GaBIT “A“
Metes and Bounds Description
Tract
BEING A 152.226 ACRE TRACT OF LAND SITUATED IN THE JOHN B. CRAWFORDSURVEY, ABSTRACT NO. 224, DENTON COUNTY, TEXAS, AND BEING ALL OF ACALLED 60.030 ACRE TRACT OF LAND CONVEYED TO GARLAND R. BOYD. AS
RECORDED IN VOLUME 2715, PAGE 650, OFFICIAL PUBLIC RECORDS, DENTONCOUNTY, TEXAS, AND THE REMAINING PORTION OF A CALLED 115.3885 ACRETRACT OF LAND CONVEYED TO GARLAND R. BOYD AND JOSEPHINE BOYD, AS
RECORDED IN VOLUME 1483, PAGE 250, REAL PROPERTY RECORDS, DENTONCOUNTY, TEXAS. SAID 152.226 ACRE TRACT BEING MORE PARTICULARLYDESCRIBED BY METES AND BOUNDS AS FOLLOWS:BEGINNING AT A 1/2" CAPPED IRON ROD STAMPED rITRANSGLOBAL SERVICES11
SET FOR THE NORTHWEST CORNER OF SAID 152.226 ACRE TRACT, FROM WHICHA 1/2" IRON ROD FOUND BEARS S 89'57l04" W, A DISTANCE OF 1302.00r£ET. SAID 1/2" CAPPED IRON ROD STAMPED '’TRANSGLOBAL S£RVICES"BEING CALLED THE POINT OF BEGINNING AND HAVING A TEXAS COORDINATE
SYSTEM OF 1983, TEXAS NORTH CENTRAL ZONE (4202) , STATE PLANECOORDINATE OE N:7140353.10, E,2323847.58 rEET, roR R£rERENCE.THENCE, N 89'57l04l' E, A DISTANCE OF 1056.17 FEET TO A 1/2" CAPPEDIRON ROD STAMPED 11TRANSGLOBAL SERVICES11 SET FOR CORNER ON THE NORTHLINE OF SAID 152.226 ACRE TRACT;
THENCE, N 89'57'04" E, A DISTANCE OF 777.30 FEET TO A 1/21' CAPPEDIRON ROD STAMPED I'TRANSGLOBAL SERVICES" SET FOR CORNER ON THE NORTHLIN£ or SAID 152.226 ACRE TRACT,THENCE, S 07'20l11" E, A DISTANCE OF 23.45 FEET TO A FENCE CORNERPOST FOUND FOR CORNER OF SAID 152.226 ACRE TRACT;THENCE, S 89'44'52n E, A DISTANCE OF 834.84 FEET TO A 1/2'1 CAPPEDIRON ROD STAMPED I'TRANSGLOBAL SERVICES'1 SET FOR THE NORTHEASTCORNER OF SAID 152.226 ACRE TRACT;
THENCE, S OO'24l1611 W, A DISTANCE OF 2474.53 FEET TO A 1/2'' CAPPEDIRON ROD STAMPED I'TRANSGLOBAL SERVICES" SET FOR THE SOUTHEAST
CORNER OF SAID 152.226 ACRE TRACT ON THE NORTH LINE OF JACKSON ROAD;THENCE WITH THE SOUTH LINE OF SAID 152.226 ACRE TRACT THE FOLLOWINGCOURSES AND DISTANCES:N 89'34’11" W, ALONG THE NORTH LINE OF JACKSON ROAD, ADISTANCE OF 167.02 FEET TO A BENT I" IRON ROD FOUND FOR
CORNER;S OO'29'4711 W, OVER AND ACROSS SAID JACKSON ROAD. A DISTANCEor 40.OO rEET VO A 1/2" CAPPED IRON ROD STAMPED '’TRANSGLOBALSERVICES" SET FOR AN ANGLE POINT OF SAID 152.226 ACRE TRACT;N 89'10l42'1 W, A DISTANCE OF 400.35 FEET TO A 1/211 CAPPED IRONROD STAMPED 11TRANSGLOBAL SERVICES11 SET FOR CORNER;
N OO'29'4711 E, OVER AND ACROSS SAID JACKSON ROAD, A DISTANCEOF 40.00 mET TO A 5/8" IRON ROD rouND roR CORNER ON TH£ NORTHLINE OF JACKSON ROAD;N 89'13’48'1 W, ALONG THE NORTH LINE OF SAID ,JACKSON ROAD. ADISTANCE OF 1046.07 FEET TO A FENCE CORNER POST FOR CORNER;N 89'37l45'1 W, CONTINUING ALONG THE NORTH LINE OF JACKSONROAD, A DISTANCE OF 1055.80 FEET TO FENCE POST FOUND FOR
THE SOUTHWEST CORNER OF SAID 152.226 ACRE TRACT;
THENCE, N OO'21l12" E, DEPARTING SAID NORTH LINE OF JACKSON ROAD,WITH THE WEST LINE OF SAID 152.226 ACRE TRACT, A DISTANCE OF 2471.99FEET TO THE POINT OF BEGINNING, CONTAINING 152.226 ACRES OR6,630, 966 SQUARE FEET OF LAND, MORE OR LESS.
1
017571.000001\4870-8369-3078.vl
2TractBEING A 247.889 ACRE TRACT OF LAND SITUATED IN THE JOHN B. CRAWFORD
SURVEY, ABSTRACT NO. 224, DENTON COUNTY, TEXAS, AND BEING ALL OF ACALLED 247.194 ACRE TRACT OF LAND CONVEYED TO BaRUCH FRISHMAN AS
RECORDED IN VOLUME 1282, PAGE 412, OFFICIAL PUBLIC RECORDS, DENTONCOUNTY, TEXAS. SAID 247.889 ACRE TRACT BEING MORE PARTICULARLYDESCRIBED BY METES AND BOUNDS AS FOLLOWS :BEGINNING AT A 1/2l' CAPPED IRON ROD STAMPED 'ITRANSGLOBAL SERVICES"SET FOR THE SOUTHWEST CORNER OF SAID 247.889 ACRE TRACT, FROM WHICH
A 1/21' IRON ROD FOUND BEARS S 89'57l04'’ W, A DISTANCE OF 1597+05FEET. SAID 1/211 CAPPED IRON ROD STAMPED 11TRANSGLOBAL SERVICES"BEING CALLED THE POINT OF BEGINNING AND HAVING A TEXAS COORDINATESYSTEM OF 1983, TEXAS NORTH CENTRAL ZONE (4202) , STATE PLANECOORDINATE OF N: 7140353.35, E: 2324142.63 FEET, FOR REFERENCE.THENCE FROM SAID POINT OF BEGINNING, N OO'12l15l' W, A DISTANCE OF2466.89 FEET TO A 1/2" CAPPED IRON ROD STAMPED r'TRANSGLOBALSERVICES11 SET FOR THE NORTHWEST CORNER OF SAID 247.889 ACRE TRACT;TH£NC£, S 89'’45'15" E, A DrSTANC£ or 3170.12 rEET TO A 1/2" IRON PIPEFOUND FOR CORNER OF SAID 247 + 88 9 ACRE TRACT ;THENCE, S OOo24'Ol" W, A DISTANCE OF 603.03 FEET TO A FENCE CORNERPOST rouND roR CORNER or SAID 247.889 ACRE TRACT, rROM wnrcH A r/2"IRON ROD FOUND BEARS S 04'21l04" E. A DISTANCE OF 0.28 FEET;THENCE, S 89'’30'52'’ E, A DISTANCE or 1623.61 rEET TO A 1/2" CAPPEDIRON ROD STAMPED 11TRANSGLOBAL SERVICES" SET FOR CORNER OF SAID247.889 ACRE TRACT AND BEING IN RIPY ROAD, FROM WHICH AN IRON RODFOUND BEARS N OO'07'28lr W. A DISTANCE OF 604.87 FEET;THENCE, S OO'06l47'' E, ALONG SAID RIPY ROAD, A DISTANCE OF 1832+41FEET TO A 1/21' CAPPED IRON ROD STAMPED I'TRANSGLOBAL SERVICES'’ SETFOR THE SOUTHEAST CORNER OF SAID 247.889 ACRE TRACT IN RIPY ROAD;THENCE WITH THE SOUTH LINE OF SAID 247.889 ACRE TRACT THE FOLLOWING
COURSES AND DISTANCES:S 89'’57'04" W, A DISTANCE or 2002.33 rEET TO A 1/2" CAPPED IRONROD STAMPED rITRANSGLOBAL SERVICES11 SET FOR CORNER OF SAID
247.889 ACRE TRACT;S 01021l57" W. A DISTANCE OF 29.78 FEET TO A FENCE CORNER POSTFOUND FOR CORNER OF SAID 247.889 ACRE TRACT;
N 89'’44'52'' W, A DISTANCE OF 1239.81 rE£T TO A F£NCE CORNERPOST FOUND FOR CORNER OF SAID 247.889 ACRE TRACT;N 07'’20' lr" W, A DISTANCE or 23.45 rE£T TO A r/2" CAPPED IRONROD STAMPED lrTRANSGLOBAL SERVICES" SET FOR CORNER OF SAID247.889 ACRE TRACT;THENCE. S 89'57l04l' W, CONTINUING WITH THE SOUTH LINE OF SAID247.889 ACRE TRACT A DISTANCE OF 1538.42 FEET TO TO THE POINT OF
BEGINNING, CONTAINING 247.889 ACRES OR 10,798,024 SQUARE FEET OFLAND, MORE OR LESS.
017571 ,000001 \4870-8369-3078.vI
CERTIFICATE OF RECEiPr
THE STATE OF TEXAS
DnvTON COUNTY
ROCKY TOP RANCH MUNiCnAL UTILITY DISTRICT OF DE}froN COUNTY g
I, Rosa Rios, City Secretary for the City of Denton, Texas, do hereby certify that the
attached and foregoing is a hue and correct copy of the Petition for Consent to Creation of Rocky
Bled with the City of Denton,1-op Ranch ity District of Denton County as wasTexas on thI 2022.
WITNESS my hand and the Seal of said city this Way
aM/
City Secretary
City of Denton, Texas(CITY SEAL)
0 17571.0CX}(DI\4864 -081 16773.vI
Exhibit B
PEmiON FOR CONSENT TO ANNEXATION OF LANDwro ROCKY TOP RANCH MUNICIPAL UTErrY DISTRICT OF DEVrON COUNTY
TIm STATE OF TEXAS §
§
§couNrY OF DEVrON
TO THE HONORABLE MAYOR AND CHY COUNCEL OF THE CRY OF DENTON,TEXAS
The undersigned, FF Denton County Land Investments, LLC, a Texas limited liability
company (the “Petitioner“), being the owner of the property described in Exhibit ’' A'’ attached
hereto (the "Property'’), respectfully petitions the City of Denton, Texas (the "e_@") for its consentto the annexation of the Property into Rocky Top Ranch Municipal Utility District of Denton
County (the “District”). In support of this Petition, the Petitioner would show the following:
1.
The Property sought to be added to the District is described by the mens and bounds
descriptions in Exhibit " A’' attached hereto and made a pan hereof for all purlx)ses.
11.
The Property hes wholly within Denton County, Texas, and not within the boundaries of
any incorporated city, town, or village. The Property lies wholly within the exclusiveExtratenitodal Jurisdiction Division 2 of the City.
111.
The Petitioner is the holder of title to all of the Property as shown by the Denton County
Tax Rolls and conveyances of record.
rv.
The District was created pursuant to Senate Bill 2208, 87th Texas Legislature, Regular
Session, codified at Chapter 7905, Texas Special District Local Laws Code, effective September
1, 2021 (the “District Legislation”), as a conservation and reclamation district created under and
essential to accomplish the purposes of Section 52, Article III, and Section 59, Article XVI, of the
Texas Constitution and operating pursuant to Chapters 49 and 54 of the Texas Water Code, asamended. The District is generally 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.
V.
The general nature of the work to be done by and within the Property at the present time is
the construction, maintenance and operation of a waterworks system for domestic purposes; the
017571.000001/
4887-6160-5689. v 1
construction, maintenance and operation of a sanitary sewer collection system; the control,
abatement and amendment of the harmful excess of waters and the reclamation and drainage ofoverflowed lands within the lands to be included within the District; and the construction of roads
and of such additional facilities, systems, plants and enterprises as shall be consistent with the
purposes for which the District is organized.
VI.
There is a necessity for the improvements above described because the Property is located
within an area that is experiencing substantial and sustained residential 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 Property require 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 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 Property within the District.
VH.
Said proposed improvements are practicable and feasible, in that the terrain of the Property
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 developed for residential purposes in theforeseeable fature.
val.
A preliminary investigation has been instituted to determine the cost of the project
attributable to the Property, and it is now estimated by those filing this Petition, from such
information as they have at this time, that the ultimate cost of the development contemplated will
be approximately $9,766,014.(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 addition of the Property to the District.
[SIGNATURE ON THE FOLLOWDVG PAGE]
017571.000001/
4887-6160-5689.vI
RESPECTFULLY SUBMIFFED THIS & day of JZgQbec
PETITIONER:
FF DENrON couvrY LAND EqVESTMENTS, LLC
a Texas limited liability company
, 2022.
Name:
Title:
Tim HPresident Fleet
STATE OF TEXAS §
§
COUNTY OF-Tarrant §
T i 1[][1 ][][ aIIi :: S III?11:B ;;Ihai;iIb(IIIIr1IOW 1 edged bT:nHTy tuTSIbest ments IT# lb :
Texas limited liability company, on behalf of said limited liability company.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the Y day ofkth,r , 2022. / \ n /___
Notary Public in and for the State of TexasSEA
L
Notary public1 St8te of Texas
Comm. Expires 06.16'2025
Notary ID 125179689
017571 .000H)1/
4887-6160-5689.vI
EXHIBrr “A“
DEMON COUNTY TEXAS
LEGAL DESCRIPTION:
BEING A 220.37 ACRE TRACT OF LAND SITUATED IN B.B.B. & C. RR. CO. SURVEY. ABSTRACT NO. 156 & JOHN BCRAWFORD SURVEY. ABSTRACT NO. 224. DEMrON couFfrY. TEXAS. AND BEING ALL OF TRACTS 1. 2 AND 3 OF THEHEREIN DESCRIBED 220.37 ACRE TRACT OF LAND CONVEYED TO HEREDITAS PARTNERS. LTD. AS RECORDED ININSTRUMENT NO. 2005471, OFFICIAL RECORDS OF DEFfrON COUNTY, TEXAS. SAID 220.37 ACRE TRACT BEING MOREPARTICULARLY DESCRIBED BY MErES AND BOUNDS AS FOLLOWS:
BEGINNING AT A FENCE CORNER FOUND FOR THE NORTHEAST CORNER OF SAID 220.37 ACRE TRACT, SAID FENCECORNER BEING CALLED THE Polbrr OF BEGINNING AND HAVING A TEXAS COORDINATE SYSTEM OF 1983. NORTHCEFfrRAL ZONE (4202), STATE PLANE COORDINATE OF N:7145478.12, E:2324134.95 FErr, FOR REFERENCE.
THENCE. S OO'CO'52- E. WITH THE GENERAL COURSE OF A BARBED WiRE FENCELINE A DISTANCE OF 2593.20 FEEr TOTO A 1/2' CAPPED IRON ROD STAMPED 'TRANSGOBAL SERVICES' FOUND FOR THE SOUTHEAST CORNER OF SAID220.37 ACRE TRACT;
THENCE. S 89'53'45' W. A DISTANCE OF 1594.50 FEET TO THE FENCE CORNER FOUND FOR CORNER OF SAID 220.37ACRE TRACT;
THENCE. N OO'38'10- W. A DISTANCE OF 271 .00 FEET TO A 1/2- CAPPED IRON ROD STAMPED -TRANSGOBAL SERVICES-SET FOR CORNER OF SAID 220.37 ACRE TRACT;
THENCE. N 89'48'05- W, A DISTANCE OF 2316.99 FEET TO A PK NAIL SET IN THE CEFrERLiNE OF S. BRANCH RD. FORTHE SOUTHWEST CORNER OF SAID 220.37 ACRE TRACT;
THENCE. N OO'OO'20- W WITH THE CENTERLINE OF S. BRANCH RD.. A DISTANCE OF 1208.60 FEn TO A PK NAIL SEr INTHE CENTERLINE OF S. BRANCH RD. FOR AN ANGLE POINT IN THE WEST LINE OF SAID 220.37 ACRE TRACT:
THENCE. N OO'09'4CF W WITH THE CENTERLINE OF S. BRANCH RD.. A DISTANCE OF 1 133.60 FEET TO A PK NAIL s[azTRTHE CEVrERLiNE OF S. BRANCH RD. FOR THE NORTHWEST CORNER OF SAID 220.37 ACRE TRACT:
THENCE. S 89'58'1 I' E. A DISTANCE OF 2294.20 FEET TO A ln' CAPPED IRON ROD STAMPED -TRANSGOBAL SERVICES-SET FOR AN ANGLE POINT IN THE NORTH LINE OF SAID 220.37 ACRE TRACT:
THENCE. S 89'09'23- E. WITH THE GENERAL COURSE OF A BARBED WIRE FENCELINE A DISTANCE OF 1623.11 FEEr TOTHE POINT OF BEGINNING. CONTAINING 220.37 ACRES OR 9.599.197 SQUARE FEET OF LAND MORE OR LHL B
017571.000001/4887-6160-5689.v 1
PEmiON FOR coNSENr TO ANNEXATION OF LAND
Evro ROCKY TOP RANCH MUNICIPAL UTILrrY DISTRICT OF DwroN COUNTY
THE STATE OF TEXAS §
§
§couvrY OF DENrON
TO THE HONORABLE MAYOR AND CRY COUNCIL OF THE crrY OF DEMON,TEXAS:
The undersigned, (the “Petitioners“), being the owners of the property described in Exhibit"A" attached hereto (the "Propeny"), respectfully petitions the City of Denton, Texas (the "City")
for its consent to the annexation of the Property into Rocky Top Ranch Municipal Utility District
of Denton County (the “District”). In support of this Petition, the Petitioners would show the
following:
1.
The Property sought to be added to the District is described by the metes and bounds
descriptions in Exhibit “ A’' attached hereto and made a part hereof for all purposes.
H.
The Property lies wholly within Denton County, Texas, and not within the boundaries of
any incorporated city, town, or village. The Property lies wholly within the exclusive
Extratenitorial Jurisdiction Division 2 of the City.
HI.
The Petitioners are the holders of title to all of the Property as shown by the Denton County
Tax Rolls and conveyances of record.
IV.
The District was created pursuant to Senate Bill 2208, 87th Texas Legislature, Regular
Session, codified at Chapter 7905, Texas Special District Local Laws Code, effective September
1, 2021 (the “District Legislation”), as a conservation and reclamation district created under and
essential to accomplish the purposes of Section 52, Article III, and Section 59, Article XVI, of the
Texas Constitution and operating pursuant to Chapters 49 and 54 of the Texas Water Code, asamended. The District is generally 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.
V.
The general nature of the work to be done by and within the Property at the present time is
the construction, maintenance and operation of a waterworks system for domestic purposes; the
017571.0{X)001V1857-5402.7065.vl
construction, maintenance and operation of a sanitary sewer collection system; the control,
abatement and amendment of the harmful excess of waters and the reclamation and drainage ofoverflowed lands within the lands to be included within the District; and the construction of roads
and of such additional facilities, systems, plants and enterprises as shall be consistent with the
purposes for which the District is organized.
VI.
There is a necessity for the improvements above described because the Property is located
within an area that is experiencing substantial and sustained residential 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 Property require 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 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 Property within the District.
VH.
Said proposed improvements are practicable and feasible, in that the terrain of the Property
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 develo Ind for residential purposes in theforeseeable future.
vm.
A preliminary investigation has been instituted to determine the cost of the project
attributable to the Property, and it is now estimated by those filing this Petition, from such
information as they have at this time, that the ultimate cost of the development contemplated will
be approximately $6,399,871.71.
WHEREFORE, the undersigned respectf011y 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 Property to the District.
[SIGNATURES ON THE FOLLOWUVG PAGES]
017571.00000IU857-5402-7065.vI
RESPECTFULLY SUBMIPIED THIS IL day of ]D£jDbe£_, 2022.
PETIFIONER:
FF DENTON COUNTY LAND EqVESTMENrs, LLC
a Texas limited liability company
Name:Tim H. FleetPrp8f,lent
STATE OF TEXAS §
§
COUNTY OF amIt §
This instrument was acknowledged before me on the t LL day of Or IObef , 2022 by
Tim H. Fleet, BrSider,+ of FF Denton County Land Investments, LLC, a Texas
limited liability company, on behalf of said limited liability company.
GIVEN UNDER MY HANDf)'M)er , 2022.
AND SEAL OF OFFICE this the 1.L day of
Mmand ionle State-M(NOTA I a Tm=XFeRTETiRRState of TexaspublicNOtary
Expires 06_1 6'2025CornrTI.
ID 125179689NOtarY
017571 .0(XX}01W857-5402-7%5.vI
EXHIBrr “A“
DENTON TEXAS
LEGAL DESCRIPTION :
BEING AN 132.086 ACRE TRACT OF LAND SITUATED IN JOHN B. CRAWFORD SURVEY, ABSTRACT NO. 224. DEMrONCOUNTY, TEXAS, AND BEING ALL OF A 92.731 ACRE TRACT OF LAND (TRACT 1) CONVEYED TO N&M SCHLLrrER FAMILYLIMITED PARTNERSHIP. AS RECORDED IN iNSTRUMEFfr NO. 2007-91720. OFFICIAL PUBLIC RECORDS. DENTONCOUNTY, TEXAS AND A 39.355 ACRE TRACT OF LAND (TRACT 2) CONVEYED TO N&M SCHLUTER FAMILY UMITEDPARTNERSHIP. AS RECORDED IN iNSTRUMEVr NO. 2007.91720. OFFICIAL PUBLIC RECORDS. DEMrON COUNTY. TEXAS.SAID 132.086 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY MfrES AND BOUNDS AS FOLLOWS:
TRACT 1 :
BEGINNING AT A 1/2- IRON ROD (N: 7140353.38. E: 2324142.58) FOUND FOR THE soLrrHWEST CORNER OF A CALLED247.092 ACRE TRACT CONVEYED TO BORUCH FRISHMAN. AS RECORDED IN VOLUME 1282. PAGE 412. DEED RECORDS.DEVrON couvrY, TEXAS, AND BEING THE SOUTHEAST CORNER OF SAID 92.731 ACRE TRACT.
THENCE S 89'56’43- W, A DISTANCE OF 295.07 FEn TO A 1/2' IRON ROD FOUND FOR THE NORTHEAST CORNER OFSAID TRACT 2:
THENCE S 89'30'39' W, A DISTANCE OF 702.91 FEEr TO A 1/2- IRON ROD FOUND FOR THE NORTHWEST CORNER OFSAID TRACT 2:
THENCE N 89'31'26- W. A DISTANCE OF 598.94 FEFr TO A 1/2- IRON ROD FOUND FOR THE SOUTHWEST CORNER OFSAID 92.731 ACRE TRACT;
THENCE N OO'06'15- W. A DISTANCE OF 2529.95 FEn TO A FENCE CORNER POST FOUND FOR THE NORTHWESTCORNER OF SAID 92.731 ACRE TRACT;
THENCE N 89'53'45' E, A DISTANCE OF 1594.50 FEn TO A 1/2' CAPPED IRON ROD STAMPED TRANSGLOBAL SERVICES'SET FOR THE NORTHEAST CORNER OF SAID 92.731 ACRE TRACT;
THENCE S Of'34'33' W. A DISTANCE OF 64.78 FEET TO A 1/2- IRON ROD FOUND FOR THE NORrHWEST CORNER OFSAID 247.092 ACRE TRACT;
THENCE, WITH THE WEST BOUNDARY LINE OF SAID 247.092 ACRE TRACT, S OO'12'13' E. A DISTANCE OF 2466.80 FEETTO THE POINT OF BEGINNING CONTAINING 92.731 ACRES OR 4.039,378 SQUARE FEn OF LAND, MORE OR LESS
TRACT 2:
BEGINNING AT A 1/2' IRON ROD (N: 7140353.10. E: 2323847.51) FOUND IN THE SOUTH BOUNDARY LINE OF SAID TRACT 1FOR THE NORTHWEST CORNER OF A CALLED 60.03 ACRE TRACT CONVEYED TO GARLAND R. BOYD, AS RECORDED INVOLUME 2715, PAGE 650, OFFICIAL PUBLIC RECORDS. DENTON COUHIY, TEXAS. AND BEING THE NORTHEASTCORNER OF SAID 39.355 ACRE TRACT.
THENCE. WITH THE WEST BOUNDARY UNE OF SAID 60.03 ACRE TRACT. S OO'21'07' W. PASSING A FOUND FENCECORNER POST AT A DISTANCE OF 2471.98 FEET, AND CONTINUING FOR A TOTAL DISTANCE OF 2478.00 FEET TO APaIIn IN THE NORTH MARGIN OF JACKSON ROAD FOR THE soLrrHWEST CORNER OF SAID 60.03 ACRE TRACT ANDBEING THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED 39.355 ACRE TRACT;
THENCE N 89'41'53' W. ALONG THE NORTH MARGIN OF JACKSON ROAD AND THE SOUTH LINE OF THE HEREINDESCRiBED 39.355 ACRE TRACT. A DISTANCE OF 668.00 FErr TO A Polvr AT A BEND TO THE NORTH IN JACKSONROAD FOR THE soLrrHWEST CORNER OF SAID 39.355 ACRE TRACT;
THENCE N OO'OO'OO' E, WITH JACKSON ROAD, A DISTANCE OF 300.00 FEET TO A POIFfr IN JACKSON ROAD FORCORNER;
THENCE N 90'OO'OO- W, ACROSS JACKSON ROAD, A DISTANCE OF 20.33 FEET TO A Polvr FaR CORNER;
THENCE N OO'Of 'Q3- E, PASSING A 1/2- CAPPED IRON ROD STAMPED TRANSGLOBAL SERVICES' SET FOR REFERENCE,AT A DISTANCE OF 108.03 FEET. AND CONTINUING FOR A TOTAL DISTANCE OF 2168.43 FEET TO A 1/2' IRON RODFOUND IN THE SOUTH BOUNDARY LINE OF SAID TRACT 1 FOR THE NORTHWEST CORNER OF SAID 39.355 ACRETRACT
THENCE. WITH THE soLrrH BOUNDARY LINE OF SAID TRACT 1. N 89'3a39- E. A DiSTANCE OF 702.91 FEET TO THEPolvr OF BEGINNING coFfrAINING 39.355 ACRES OR 1 ,714.309 SQUARE FEET OF LAND. MORE OR LESS. OF WHICH0.451 ACRES OR 19,664.25 SQUARE FErr APPEARING TO LIE WITHIN THE CONFINES OF JACKSON ROAD.
0 17571.CXXXX)IV1857-5402.7065.v 1
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