HomeMy WebLinkAbout2006-1465 V)Vl 6c-119(hLIMCc06VNC Sp iJ Dishct Poiti WC
ORDINANCE NO. 20e)6:1�11
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
CONCERNING THE CONSENT TO THE CREATION OF A MUNICIPAL UTILITY
DISTRICT, A FRESH WATER UTILITY DISTRICT, AND/OR A WATER CONTROL AND
IMPROVEMENT DISTRICT ON AN APPROXIMATE 219 ACRE TRACT OF LAND
LOCATED IN THE CITY'S EXTRATERRITORIAL JURISDICTION REQUESTED BY JNC
PARTNERS DENTON, LLC; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, on May 1, 2006 INC Partners Denton, LLC (the "Owner") filed with the
City the of Denton, Texas ("City") requests for the City's consent to the creation of a municipal
utility district, a fresh water supply district, and/or a water control and improvement district on
approximately 219 acres of land owned by the Owner (the "Property") and located in the City's
extraterritorial jurisdiction as more particularly described in the Requests which are attached
hereto and made a part hereof by reference as Exhibit A (the "Requests"); and
WHEREAS, the Requests recite that the Owner seeks the consent of the City pursuant to
Tex. Loc. Gov't Code ch. 42 and Tex. Water Code chs. 49 and 54; and
WHEREAS, the Requests include attachments for a "master planned community"
(Exhibit B) and a "plan for development" (Exhibit C) associated with the consent request; and
WHEREAS, by letter of May 15, 2006, the Interim City Manager informed the Owner
that the depiction of the master planned community and plan for development were not
requirements for any permit, including but not limited to a request for consent to form a special
district pursuant to Tex. Loc. Gov't Code sec. 42.042, and were not properly before the City; and
WHEREAS, the City Council hereby finds that the action taken by this ordinance is in
the public interest; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance
are true and correct and are incorporated herein by reference.
SECTION 2. The City's consent to the creation of the special districts described in the
Requests is hereby denied.
SECTION 3. Exhibit Band Exhibit C to the Requests are hereby rejected and denied for
all purposes.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
S 0u1 SW D,w,, enluon.WC
PASSED AND APPROVED this the day of %/ , 2006.
C"
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPRO D AS TO LEGAL FORM:
EDWfN M. SNYD R, TY ATTORNEY
BY:
Page 2 of 2
Exhibit A
HUGHES , LUCE LLP
ATTORNEYS AND COUNSELORS
May 1, 2006
VIA CERTIFIED MAIL AND HAND DELIVERY
301 Commerce Street, Suite 3000
Fort Worth, Texas 76102
817.347.5279
214.939.5849 (fax)
mlindelow@hughesluce.com
Governing Body of the City of Denton (the Mayor and City Council)
c/o Jennifer Walters, City Secretary
City of Denton
215 E. McKinney
Denton, Texas 76201
Re: Requests for the Creation of Special Districts
Dear Ms. Walters:
Melissa Lindelow
RECEIVED
MAY 0 12006
CITY OF DENTON
LEGAL DEPT.
Pursuant to the authority of Sections 42.042(a) and (b) of the Texas Local
Government Code and on behalf of the land owner, I am enclosing the following three
requests (the "Requests') to the City Council of the City of Denton (the "C&") related
to an approximately 219-acre tract of land located wholly within the City's
extraterritorial jurisdiction and identified by metes and bounds in the Requests (the
"Pro er "): a request for the City's consent to the creation of a Municipal Utility
District on the Property; a request for the City's consent to the creation of a Fresh Water
Supply District on the Property; and a request for the City's consent to the creation of a
Water Control and Improvement District on the Property. The Property will be
developed using one or more of the three special districts referenced in the Requests.
Each of the Requests includes a plan for development of the Property and vests rights
pursuant to Texas Local Government Code Section 245.002(a)(2).
Sincerely,
Melissa Lindelow
cc: Edwin Snyder, City Attorney of the City of Denton
JNC Partners Denton, LLC c/o John Lau
015815.00010:966540.01
REQUEST FOR CONSENT TO THE CREATION OF A MUNICIPAL UTILITY
DISTRICT IN THE CITY OF DENTON'S EXTRATERRITORIAL JURISDICTION
THE STATE OF TEXAS
COUNTY OF DENTON
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF DENTON,
TEXAS:
The undersigned, JNC Partners Denton, LLC (the "Owner"), the holder of title to a
majority in value of the lands situated within the "Property" as hereinafter defined and described,
as shown by the tax rolls of Denton County, Texas, acting pursuant to the provisions of Texas
Local Government Code Section 42.042, and more specifically Sections 42.042(a) and (b), and
Texas Water Code Chapters 49 and 54, and more specifically Section 54.016, by filing with the
City of Denton (the "City") this request for consent to the creation of a municipal utility district
(the "District") in the City's extraterritorial jurisdiction (this "Request '), respectfully requests the
City Council of the City for its written consent to the creation of the District and would
respectfully show the following:
The name of the proposed District shall be the DAVIS MUNICIPAL UTILITY
DISTRICT OF DENTON COUNTY. There is no other conservation or reclamation district in
Denton County, Texas with that name.
II.
The District shall be created and organized under the terms and provisions of
Article XVI, Section 59, of the Constitution of Texas, Texas Local Government Code Section
42.042 and Texas Water Code Chapter 54, together with all amendments and additions thereto.
The District shall have all the rights, powers, privileges, authority, and functions conferred by
and be subject to all duties imposed by the Constitution of Texas, the Texas Local Government
Code, the Texas Water Code, and all general laws applicable to the District.
The District shall contain an area of approximately 219.478 acres of land, more or less,
lying wholly within Denton County, Texas, the boundaries of which land to be included in the
District are described by metes and bounds in Exhibit A attached hereto and incorporated herein
015815.00010:962609.01
for all purposes (the "Pronertv'). All of the Property is within the City's extraterritorial
jurisdiction ("ETJ") and is not within the corporate limits or ETJ of any other municipality.
IV.
The Property is proposed to be developed as part of the master planned community
depicted on Exhibit B attached hereto and incorporated herein for all purposes. More
specifically, the Property will be developed with residential uses in accordance with the plan for
development attached hereto and incorporated herein for all purposes as Exhibit C (the
"Proiect"), which plan for development is hereby filed with the City pursuant to the authority of
Sections 245.002(a)(2) and 245.002(a-1) of the Texas Local Government Code. The plan for the
Project requires that the Property be developed with District improvements, including, but not
limited to, water, wastewater, road, and drainage improvements. The Project is intended to be
developed under the rules and regulations currently applicable to the Property and in the manner
shown on Exhibit C.
V.
Owner holds title to all of the land within the proposed District and is the owner of all the
value of the land therein as shown on the tax rolls of Denton County, Texas.
VI.
The general nature of the work proposed to be done by the District at the present time includes
all work that the District is authorized to perform by the Constitution of Texas and by the
applicable provisions of the Texas Water Code including, but not limited to, the purchase,
design, acquisition, construction, improvement, extension, maintenance, repair, and operation of
infrastructure, improvements, facilities, equipment, systems, plants, appliances, enterprises, and
related interests in real property (all of the foregoing, both within and outside the District) that
are helpful for, necessary for, or incidental to the Project to include the following: (i) waterworks
and sanitary sewer systems for domestic and commercial purposes; (ii) drainage and other storm
water management systems to control, abate, and amend local storm waters or other harmful
excesses of water; (iii) roadway systems to accommodate traffic into and from the Property; (iv)
police, fire, and emergency services for residents within the Property, including the financing of
fire -fighting equipment and facilities; (v) parks and recreational facilities for residents within the
Property; and (vi) other services, systems, and benefits for the benefit of residents within the
Property.
VII.
There is a necessity for the improvements above described in order to develop the
Project. The Project is urban in nature, is within the growing environs of the City of Denton,
Texas, and will be developed for residential purposes. There is not available to serve the Project
an adequate waterworks system, sanitary sewer system, road system, or drainage and storm
sewer system, and the health and welfare of the future inhabitants of the District require the
construction, acquisition, maintenance, and operation of an adequate waterworks system,
sanitary sewer system, road system, and drainage and storm sewer system.
2
015815.00010:962609.01
VIII.
The proposed improvements are feasible and practicable. There is an ample supply of
water available, and the terrain of the Property is such that a waterworks system, a sanitary sewer
system, a road system, and a drainage and storm sewer system can be constructed at a reasonable
cost.
IX.
A preliminary investigation has been made to determine the cost of the work proposed to
be done by the District, and Owner now estimates, from such information as is available at this
time, that the cost of such work will be approximately $13,140,000.
N
Owner requests consent to the creation of the District and the inclusion of the Property in
the District.
XI.
Section 42.042 of the Texas Local Government Code and Section 54.016 of the Texas
Water Code require the City's consent to the creation of the District, whether that consent be by
ordinance or resolution of the City or otherwise by operation of law under Section 42.042(c) of
the Texas Local Government Code and Section 54.016 of the Texas Water Code (the "Citv's
Consent"). This Request constitutes an application for a permit, which permit is the City's
Consent (a "Permit"). Under Section 42.042(d) of the Texas Local Government Code, the City's
Consent is an authorization to initiate proceedings to create the District as provided by law, and
this Request is a request for authorization that Owner must obtain to perform an action or
initiate, continue, or complete the Project for which the Permit is sought.
XII.
WHEREFORE, Owner respectfully prays that this request be in all things granted, and
that the City of Denton give its written consent to creation of the Davis Municipal Utility District
of Denton County and the inclusion of the Property in such District and for such other orders,
acts, procedure, and relief as are proper and necessary and appropriate to the purpose of
organizing the District and developing the Project.
015 815.00010: 962609.01
RESPECTFULLY SUBMITTED and effective this 12 day of April, 2006.
"OWNER"
JNC Partners Denton, LLC
a Texas Limited Liability Company
By: L,L —
John Lau, Manager
THE STATE OF TEXAS
COUNTY OF Qt040
This instrument was acknowledged before me on this the 93 day of April, 2006, by
John Lau, the Manager of JNC Partners Denton, LLC, a Texas limited liability company, on
behalf of said entity.
LYNN HUDSON
Notary Public. Stare 0f Texas
MY Commission Expires
.,j
-,'�•tgp.�;•O
Novembet 19. 2008
n
1AI'm gvuae��
Notary Pub is in and for
the State of Texas
015815.00010:962609.01
Exhibit A
Metes and Bounds Description of the Property
BEING all that certain tract of land situated in the P. G. YARBROUGH SURVEY, ABSTRACT NUMBER
1447, Denton County, Texas and being all of a called 219.7$ acre tract of land described in the Deed from
Clara Tucker Testamentary Trust to C. Dean Davis as recorded in Instrument Number 2005-112203 of the
Real Property Records of said County, the subject tract being more particularly described as follows:
BEGINNING at a 1/2 inch iron rod found in the East line of FM 2164 for the Northwest comer of said Dean
tract and the Southwest comer of a called W298 acre tract of land described In the Deed from Dan
Reding, Trustee of the Mary Lou Reding Grantor Trust to Dan Reding as recorded in Volume 4454, Page
2090 of said Real Property Records;
THENCE North 88 degrees 69 minutes 28 seconds East with the South line thereof and the North line of
said Dean tract along and near a fence a distance of 4291.31 feat to a wood fence comer post found on
the East line of said Survey for the Southeast comer of said Reding tract and the Northeast comer of said
Dean tract and being on the West line of a gravel road posted as Indian Wells;
THENCE South 00 degrees 42 minutes 54 seconds East with the Wet line thereof and the East line of
said survey and the East line of said Dean tract along and near a double fence a distance of 2639.70 feet
to capped 112 inch Iron rod set in the bend of an asphalt road posted as Gribble Springs Road and
connects to said Indian Wells Road for the Southeast comer of said Dean tract;
THENCE South 89 degrees 05 minutes 32 seconds West with the South line thereof and along or near
the middle of said!Gribble Springs Road passing an angle to the Northwest in said road at 2702 feet and
continuing along said course a total distance of 3028.62 feet to a capped 1/2 inch iron rod set in a fence in
the occupied West line of said survey for the Southwest comer of said Dean tract;
THENCE North 00 degrees 57 minutes 28 seconds Westwith the West line thereof passing said Gribble
Springs Road at 43 feet and continuing along said course a total distance of 1384.22 feet to metal fence
comer post found for the Northeast comer of a called 15.00 acre tract of land described In the Deed to
Bobbie J. Trietschias recorded in Volume 1793, Page 40 of said Real Property Records;
THENCE South 89 degrees 23 minutes 13 seconds West with the North line thereof and a South line of
said Dean tract along and near a fence a distance of 1262.70 feet to a x-tie fence comer Post for the most
Westerly Southwest comer of said Dean tract and the Southeast comer of a called 0.861 acre tract of land
described in the Deed from Mortgage Electronic Registration Systems, Inc. to Household Finance Corp. III
as recorded In Instrument Number 2005-94332 of said Real Property Records;
THENCE North 00 degrees 48 minutes 50 seconds West with the East line thereof and a West line of said
Dean tract along and near a fence a distance of 457.71 feet to a 518 inch iron rod found for the North
comer of said 0.861 acre tract in the East line of said FM 2104 at the beginning of a curve to the left
having a radius of 056.37 feet and a chord bearing and distance of North 00 degrees 59 minutes 28
aeconda, 122.80 feet;
THENCE along said curve with said East line of FM 2164 an arc distance of 12295 feet to a wood ROW
marker,
THENCE North 00 degrees 57 minutes 01 seconds West with the East Une of FM 2164 and a West line of
said Dean tract a distance of 680.88 feet to the PLACE OF BEGINNING and enclosing 219.478 acres of
land more or less.
Exhibit A
015815.00010;962609.01
Exhibit B
Master Planned Community
Exhibit B
015815.00010:962609.01
Exhibit C
Plan for Development of the Property
Plan for Development. The Property shall be developed in accordance with Exhibit B and the
development standards set forth in this paragraph and in subparagraphs 1-9 below (collectively, the
"Plan for Development'), except to the extent that the Plan for Development conflicts with a valid
and enforceable local, state, or federal law that is legally applicable to the Property on the date of
this Request and such conflict cannot be reconciled, in which case the remainder of the Plan for
Development shall remain in full force and effect. To the extent that Exhibit B must be adjusted to
allow development of the Property to occur in accordance with any orders, regulations, ordinances,
rules, expiration dates, or other properly adopted requirements in effect on the date of this Request,
the owner of the Property or developer of the Property may make such adjustments to the plan and
may develop in accordance with the plan as modified, and any such adjustment or modification
shall be deemed non -material. In the preceding sentence, the terms "orders, regulations,
ordinances, rules, expiration dates, or other properly adopted requirements in effect" shall have the
meaning attributed to those terms under Section 245.002 of the Texas Local Government Code.
Defined terms in this Exhibit C shall have the same meaning they have in the body of this Request.
1) Lot Sizes. The minimum lot size shall be 4,000 square feet.
2) Lot Dimensions. The minimum lot width shall be 40 feet. There are no other minimum lot
dimension requirements.
3) Building Size. There are no building size requirements for any use, including but not limited to
requirements that a building be a minimum or maximum size.
4) Lot Coverage.
a) The maximum lot coverage is eighty percent (80%). Measurements of lot coverage shall
include only the building footprint.
b) There are no other lot coverage requirements, including but not limited to minimum or
maximum lot coverage requirements.
5) Landscaping. There are no landscaping requirements.
6) Tree Preservation. There are no tree preservation requirements.
7) Open Space. There are no open space requirements.
8) Park Dedication. There are no park dedication requirements.
9) Property Classification. As of the date of this Request, the Property is located entirely within the
ETJ of the City; therefore, municipal zoning regulations do not apply to the development of the
Property.
Exhibit C
015815.00010:962609.01
REQUEST FOR CONSENT TO THE CREATION OF A
WATER CONTROL AND IMPROVEMENT DISTRICT IN THE
CITY OF DENTON'S EXTRATERRITORIAL JURISDICTION
THE STATE OF TEXAS
COUNTY OF DENTON
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF DENTON,
TEXAS:
The undersigned, JNC Partners Denton, LLC (the "Owner"), the holder of title to a
majority in value of the lands situated within the "Property" as hereinafter defined and described,
as shown by the tax rolls of Denton County, Texas, acting pursuant to the provisions of Texas
Local Government Code Section 42.042, and more specifically Sections 42.042(a) and (b), and
Texas Water Code Chapters 49 and 51 by filing with the City of Denton (the "Cit ') this request
for consent to the creation of a water control and improvement district (the "District") in the
City's extraterritorial jurisdiction (this "Request'), respectfully requests the City Council of the
City for its written consent to the creation of the District and would respectfully show the
following:
I.
The name of the proposed District shall be the DAVIS WATER CONTROL AND
IMPROVEMENT DISTRICT OF DENTON COUNTY. There is no other conservation or
reclamation district in Denton County, Texas with that name.
II.
The District shall be created and organized under the terms and provisions of
Article XVI, Section 59, of the Constitution of Texas, Texas Local Government Code Section
42.042 and Texas Water Code Chapter 51, together with all amendments and additions thereto.
The District shall have all the rights, powers, privileges, authority, and functions conferred by
and be subject to all duties imposed by the Constitution of Texas, the Texas Local Government
Code, the Texas Water Code, and all general laws applicable to the District.
The District shall contain an area of approximately 219.478 acres of land, more or less,
lying wholly within Denton County, Texas, the boundaries of which land to be included in the
015815.00010:962763.01
District are described by metes and bounds in Exhibit A attached hereto and incorporated herein
for all purposes (the "Propertv"). All of the Property is within the City's extraterritorial
jurisdiction ("ETJ") and is not within the corporate limits or ETJ of any other municipality.
IV.
The Property is proposed to be developed as part of the master planned community
depicted on Exhibit B attached 'hereto and incorporated herein for all purposes. More
specifically, the Property will be developed with residential uses in accordance with the plan for
development attached hereto and incorporated herein for all purposes as Exhibit C (the
"Project"), which plan for development is hereby filed with the City pursuant to the authority of
Sections 245.002(a)(2) and 245.002(a-1) of the Texas Local Government Code. The plan for the
Project requires that the Property be developed with District improvements, including, but not
limited to, water, wastewater, road, and drainage improvements. The Project is intended to be
developed under the rules and regulations currently applicable to the Property and in the manner
shown on Exhibit C.
V.
Owner holds title to all of the land within the proposed District and is the owner of all the
value of the land therein as shown on the tax rolls of Denton County, Texas.
VI.
The general nature of the work proposed to be done by the District at the present time includes
all work that the District is authorized to perform by the Constitution of Texas and by the
applicable provisions of the Texas Water Code including, but not limited to, the purchase,
design, acquisition, construction, improvement, extension, maintenance, repair, and operation of
infrastructure, improvements, facilities, equipment, systems, plants, appliances, enterprises, and
related interests in real property (all of the foregoing, both within and outside the District) that
are helpful for, necessary for, or incidental to the Project to include the following: (i) waterworks
and sanitary sewer systems for domestic and commercial purposes; (ii) drainage and other storm
water management systems to control, abate, and amend local storm waters or other harmful
excesses of water; (iii) roadway systems to accommodate traffic into and from the Property; (iv)
police, fire, and emergency services for residents within the Property, including the financing of
fire -fighting equipment and facilities; (v) parks and recreational facilities for residents within the
Property; and (vi) other services, systems, and benefits for the benefit of residents within the
Property.
VII.
There is a necessity for the improvements above described in order to develop the
Project. The Project is urban in nature, is within the growing environs of the City of Denton,
Texas, and will be developed for residential purposes. There is not available to serve the Project
an adequate waterworks system, sanitary sewer system, road system, or drainage and storm
sewer system, and the health and welfare of the future inhabitants of the District require the
2
0 15815.00010: 962763.01
construction, acquisition, maintenance, and operation of an adequate waterworks system,
sanitary sewer system, road system, and drainage and storm sewer system.
VIII.
The proposed improvements are feasible and practicable. There is an ample supply of
water available, and the terrain of the Property is such that a waterworks system, a sanitary sewer
system, a road system, and a drainage and storm sewer system can be constructed at a reasonable
cost.
IX.
A preliminary investigation has been made to determine the cost of the work proposed to
be done by the District, and Owner now estimates, from such information as is available at this
time, that the cost of such work will be approximately $13,140,000.
X.
Owner requests consent to the creation of the District and the inclusion of the Property in
the District.
XI.
Section 42.042 of the Texas Local Government Code requires the City's consent to the
creation of the District, whether that consent be by ordinance or resolution of the City or
otherwise by operation of law under Section 42.042(c) of the Texas Local Government Code (the
"City's Consent"). This Request constitutes an application for a permit, which permit is the
City's Consent (a "Permit"). Under Section 42.042(d) of the Texas Local Government Code, the
City's Consent is an authorization to initiate proceedings to create the District as provided by
law, and this Request is a request for authorization that Owner must obtain to perform an action
or initiate, continue, or complete the Project for which the Permit is sought.
XII.
WHEREFORE, Owner respectfully prays that this request be in all things granted, and
that the City of Denton give its written consent to creation of the Davis Water Control and
Improvement District of Denton County and the inclusion of the Property in such District and for
such other orders, acts, procedure, and relief as are proper and necessary and appropriate to the
purpose of organizing the District and developing the Project.
3
015815.00010:962763.01
RESPECTFULLY SUBMITTED and effective this 12.4�day of April, 2006.
"OWNER"
JNC Partners Denton, LLC
a Texas Limited Liability Company
By:
John Lau, Manager
THE STATE OF TEXAS
COUNTY OF "
This instrument was acknowledged before me on this the 124 day of April, 2006, by
John Lau, the Manager of JNC Partners Denton, LLC, a Texas limited liability company, on
behalf of said entity.
LVNN 11DSON
Notary Public, State of Texas Notary Public in and for
My Commission Expires
November 19, 2008 the State of Texas
0
015815.00010:962763.01
Exhibit A
Metes and Bounds Description of the Property
BEING all that certain tract of land situated in the P. G. YARBROUGH SURVEY, ABSTRACT NUMBER
1447, Denton County, Texas and being all of a called 219.73 acre tract of land described in the Deed from
Clara Tucker Testamentary Trust to C. Dean Davis as recorded in Instrument Number 200&112203 of the
Real Property Records of said County, the subject tract being more particularly described as follows:
BEGINNING at a 1/2 inch iron rod found in the East line of FM 2164 for the Northwest comer of said Dean
tract and the Southwest comer of a called 643298 acre tract of land described In the Deed from Dan
Reding, Trustee of the Mary Lou Reding Grantor Trust to Dan Reding as recorded in Volume 4454, Page
2090 of said Real Property Records;
THENCE North 88 degrees 69 minutes 28 seconds East with the South tine thereof and the North line of
said Dean tract along and near a fence a distance of 4291.31 feet to a wood fence comer post found on
the East line of said Survey for the Southeast comer of said Reding tract and the Northeast comer of said
Dean tract and being on the West line of a gravel road posted as Indian Wells;
THENCE South 00 degrees 42 minutes 54 seconds East with the Wet line thereof and the East line of
said survey and the East line of said Dean tract along and near a double fence a distance of 2039.70 feet
to capped 112 inch Iron rod set in the bend of an asphalt road posted as Gribble Springs Road and
connects to said Indian Wells Road for the Southeast comer of said Dean tract;
THENCE South 89 degrees 05 minutes 32 seconds West with the South line thereof and along or near
the middle of said Gribble Springs Road passing an angle to the Northwest in Bald road at 2702 feet and
continuing along said course a total distance of 3028.02 feet to a capped 1/2 inch iron rod set in a fence in
the occupied West line of said survey for the Southwest comer of said Dean tract;
THENCE North 00 degrees 57 minutes 26 seconds West with the West line thereof passing said Gribble
Springs Road at 43 feet and continuing along said course a total distance of 1384.22 feet to metal fence
comer post found for the Northeast comer of a called 15.00 acre tract of land described In the Deed to
Bobbie J. Trietsch as recorded in Volume 1793, Page 40 of said Real Property Records;
THENCE South 89 degrees 23 minutes 13 seconds West with the North line thereof and a South line of
aaid Dean tract along and near a fence a distance of 1262.70 feet to a x-tle fence comer post for the most
Westerly Southwest comer of said Dean tract and the Southeast comer of a called 0.861 acre tract of land
described in the Deed from Mortgage Electronic Registration Systems, Inc. to Household Finance Corp. III
as recorded in Instrument Number 2006-94332 of said Real Property Records;
THENCE North 00 degrees 48 minutes 50 seconds West with the East tine thereof and a West line of said
Dean tract along and near a fence a distance of 457,71 feet to a 5/8 inch iron rod found for the North
comer of said 0.801 acre tract in the Fast line of sold FM 2164 at the beginning of a curve to the left
having a radius of 965.37 feet and a chard bearing and distance of North 00 degrees 59 minutes 28
aeconW, 122.88feet;
THENCE along said curve with said East line of FM 2164 an arc distance of 12296 feet to a wood ROW
marker,
THENCE North 00 degrees 57 minutes 01 seconds West with the East One of FM 2164 and a West One of
said Dean tract a distance of 660.88 feet to the PLACE OF BEGINNING and enclosing 219.478 acres of
land more or less.
Exhibit A
17F1:It:IQQeUA7YiLxie1
Exhibit B
Master Planned Community
Exhibit B
015815,00010:962763.01
Exhibit C
Plan for Development of the Property
Plan for Development. The Property shall be developed in accordance with Exhibit B and the
development standards set forth in this paragraph and in subparagraphs 1-9 below (collectively, the
"Plan for Development'), except to the extent that the Plan for Development conflicts with a valid
and enforceable local, state, or federal law that is legally applicable to the Property on the date of
this Request and such conflict cannot be reconciled, in which case the remainder of the Plan for
Development shall remain in full force and effect. To the extent that Exhibit B must be adjusted to
allow development of the Property to occur in accordance with any orders, regulations, ordinances,
rules, expiration dates, or other properly adopted requirements in effect on the date of this Request,
the owner of the Property or developer of the Property may make such adjustments to the plan and
may develop in accordance with the plan as modified, and any such adjustment or modification
shall be deemed non -material. In the preceding sentence, the terms "orders, regulations,
ordinances, rules, expiration dates, or other properly adopted requirements in effect" shall have the
meaning attributed to those terms under Section 245.002 of the Texas Local Government Code.
Defined terms in this Exhibit C shall have the same meaning they have in the body of this Request.
1) Lot Sizes. The minimum lot size shall be 4,000 square feet.
2) Lot Dimensions. The minimum lot width shall be 40 feet. There are no other minimum lot
dimension requirements.
3) Building Size. There are no building size requirements for any use, including but not limited to
requirements that a building be a minimum or maximum size.
4) Lot Coverage.
a) The maximum lot coverage is eighty percent (80%). Measurements of lot coverage shall
include only the building footprint.
b) There are no other lot coverage requirements, including but not limited to minimum or
maximum lot coverage requirements.
5) Landscaping. There are no landscaping requirements.
6) Tree Preservation. There are no tree preservation requirements.
7) Open Space. There are no open space requirements.
8) Park Dedication. There are no park dedication requirements.
9) Property Classification. As of the date of this Request, the Property is located entirely within the
ETJ of the City; therefore, municipal zoning regulations do not apply to the development of the
Property.
Exhibit C
015815.00010:962763.01
REQUEST FOR CONSENT TO THE CREATION OF A
FRESH WATER SUPPLY DISTRICT IN THE
CITY OF DENTON'S EXTRATERRITORIAL JURISDICTION
THE STATE OF TEXAS
COUNTY OF DENTON
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY' OF DENTON,
TEXAS:
The undersigned, JNC Partners Denton, LLC (the "Owner"), the holder of title to a
majority in value of the lands situated within the "Property" as hereinafter defined and described,
as shown by the tax rolls of Denton County, Texas, acting pursuant to the provisions of Texas
Local Government Code Section 42.042, and more specifically Sections 42.042(a) and (b), and
Texas Water Code Chapters 49 and 53 by filing with the City of Denton (the "Cit ') this request
for consent to the creation of a fresh water supply district (the "District") in the City's
extraterritorial jurisdiction (this "Request'), respectfully requests the City Council of the City for
its written consent to the creation of the District and would respectfully show the following:
The name of the proposed District shall be the DAVIS FRESH WATER SUPPLY
DISTRICT OF DENTON COUNTY. There is no other conservation or reclamation district in
Denton County, Texas with that name.
II.
The District shall be created and organized under the terms and provisions of
Article XVI, Section 59, of the Constitution of Texas, Texas Local Government Code Section
42.042 and Texas Water Code Chapter 53, together with all amendments and additions thereto.
The District shall have all the rights, powers, privileges, authority, and functions conferred by
and be subject to all duties imposed by the Constitution of Texas, the Texas Local Government
Code, the Texas Water Code, and all general laws applicable to the District.
The District shall contain an area of approximately 219.478 acres of land, more or less,
lying wholly within Denton County, Texas, the boundaries of which land to be included in the
District are described by metes and bounds in Exhibit A attached hereto and incorporated herein
015815.00010:962758.01
for all purposes (the "Property"). All of the Property is within the City's extraterritorial
jurisdiction ("ETJ") and is not within the corporate limits or ETJ of any other municipality.
IV.
The Property is proposed to be developed as part of the master planned community
depicted on Exhibit B attached hereto and incorporated herein for all purposes. More
specifically, the Property will be developed with residential uses in accordance with the plan for
development attached hereto and incorporated herein for all purposes as Exhibit C (the
"Project"), which plan for development is hereby filed with the City pursuant to the authority of
Sections 245.002(a)(2) and 245.002(a-1) of the Texas Local Government Code. The plan for the
Project requires that the Property be developed with District improvements, including, but not
limited to, water, wastewater, road, and drainage improvements. The Project is intended to be
developed under the rules and regulations currently applicable to the Property and in the manner
shown on Exhibit C.
V.
Owner holds title to all of the land within the proposed District and is the owner of all the
value of the land therein as shown on the tax rolls of Denton County, Texas.
VI.
The general nature of the work proposed to be done by the District at the present time includes
all work that the District is authorized to perform by the Constitution of Texas and by the
applicable provisions of the Texas Water Code including, but not limited to, the purchase,
design, acquisition, construction, improvement, extension, maintenance, repair, and operation of
infrastructure, improvements, facilities, equipment, systems, plants, appliances, enterprises, and
related interests in real property (all of the foregoing, both within and outside the District) that
are helpful for, necessary for, or incidental to the Project to include the following: (i) waterworks
and sanitary sewer systems for domestic and commercial purposes; (ii) drainage and other storm
water management systems to control, abate, and amend local storm waters or other harmful
excesses of water; (iii) roadway systems to accommodate traffic into and from the Property; (iv)
police, fire, and emergency services for residents within the Property, including the financing of
fire -fighting equipment and facilities; (v) parks and recreational facilities for residents within the
Property; and (vi) other services, systems, and benefits for the benefit of residents within the
Property.
VII.
There is a necessity for the improvements above described in order to develop the
Project. The Project is urban in nature, is within the growing environs of the City of Denton,
Texas, and will be developed for residential purposes. There is not available to serve the Project
an adequate waterworks system, sanitary sewer system, road system, or drainage and storm
sewer system, and the health and welfare of the future inhabitants of the District require the
construction, acquisition, maintenance, and operation of an adequate waterworks system,
sanitary sewer system, road system, and drainage and storm sewer system.
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VIII.
The proposed improvements are feasible and practicable. There is an ample supply of
water available, and the terrain of the Property is such that a waterworks system, a sanitary sewer
system, a road system, and a drainage and storm sewer system can be constructed at a reasonable
cost.
In
A preliminary investigation has been made to determine the cost of the work proposed to
be done by the District, and Owner now estimates, from such information as is available at this
time, that the cost of such work will be approximately $13,140,000.
Owner requests consent to the creation of the District and the inclusion of the Property in
the District.
XI.
Section 42.042 of the Texas Local Government Code requires the City's consent to the
creation of the District, whether that consent be by ordinance or resolution of the City or
otherwise by operation of law under Section 42.042(c) of the Texas Local Government Code (the
"City's Consent"). This Request constitutes an application for a permit, which permit is the
City's Consent (a "Permit"). Under Section 42.042(d) of the Texas Local Government Code, the
City's Consent is an authorization to initiate proceedings to create the District as provided by
law, and this Request is a request for authorization that Owner must obtain to perform an action
or initiate, continue, or complete the Project for which the Permit is sought.
Mi.
WHEREFORE, Owner respectfully prays that this request be in all things granted, and
that the City of Denton give its written consent to creation of the Davis Fresh Water Supply
District of Denton County and the inclusion of the Property in such District and for such other
orders, acts, procedure, and relief as are proper and necessary and appropriate to the purpose of
organizing the District and developing the Project.
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015815.00010:962758.01
RESPECTFULLY SUBMITTED and effective this � day of April, 2006.
"OWNER"
JNC Partners Denton, LLC
a Texas Limited Liability Company
By: J
John Lau, Manager
THE STATE OF TEXAS §
COUNTY OF Q1/G(.IX a §
This instrument was acknowledged before me on this the �,c day of April, 2006, by
John Lau, the Manager of JNC Partners Denton, LLC, a Texas limited liability company, on
behalf of said entity.
LYNN HUDSON
Notary Public, State of Texas
My Commission. Expires
November 19. 2008
64t J04� -
Notary Public in and for
the State of Texas
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015815.00010:962758.01
Exhibit A
Metes and Bounds Description of the Property
BEING all that certain tract of land situated in the P. G. YARBROUGH SURVEY, ABSTRACT NUMBER
1447, Denton County, Texas and being all of a called 219.73 acre tract of land described in the Deed from
Clara Tucker Testamentary Trust to C. Dean Davis as recorded in Instrument Number 2005-112203 of the
Real Property Records of said County, the subject tract being more particularly described as follows:
BEGINNING at a 1/2 inch iron rod found in the East line of FM 2164 for the Northwest comer of said Dean
tract and the Southwest comer of a called 643298 acre tract of land described in the Deed from Dan
Reding, Trustee of the Mary Lou Reding Grantor Trust to Dan Reding as recorded In Volume 4454, Page
2090 of said heal Property Records;
THENCE North 88 degrees 59 minutes 28 seconds East with the South tine thereof and the North line of
said Dean tract along and near a fence a distance of 4291.31 feet to a wood fence comer post found on
the East line of said Survey for the Southeast comer of said Reding tract and the Northeast comer of said
Dean tract and being on the West line of a gravel road posted as Indian Welts;
THENCE South 00 degrees 42 minutes 54 seconds East with the Wet line thereof and the Fast line of
said survey and the East line of said Dean tract along and near a double fence a distance of 2839.70 feet
to capped 112 inch Iron rod set in the bend of an asphalt road posted as Gribble Springs Road and
connects to said Indian Wells Road for the Southeast comer of said Dean tract;
THENCE South 89 degrees 05 minutes 32 seconds West with the South line thereof and along or near
the middle of said Gribble Springs Road passing an angle to the Northwest in said road at 2702 feet and
continuing along said course a total distance of 3028.02 feet to a rapped 1/2 inch iron rod set in a fence in
the occupied West line of said survey for the Southwest comer of said Dean tract;
THENCE North 00 degrees 57 minutes 26 seconds West with the West line thereof passing said Gribble
Springs Road at 43 feet and continuing along said course a total distance of 1384.22 feet to metal fence
corner post found for the Northeast comer of a called 15.00 acre tract of Nand described in the Deed to
Bobble J. Trietsch as recorded in Volume 1793, Page 40 of said Real Property Records;
THENCE South 89 degrees 23 minutes 13 seconds West with the North line thereof and a South line of
said Dean tract along and near a fence a distance of 1252.70 feet to a x-tie fence comer post for the most
Westerly Southwest comer of said Dean tract and the Southeast comer of a called 0.861 acre tract of land
described in the Deed from Mortgage Electronic Registration Systems, Inc. to Household Finance Corp. Ill
as recorded In instrument Number 2005-94332 of said Real Property Records;
THENCE North 00 degrees 48 minutes 50 seconds West with the East line thereof and a West line of said
Dean tract along and near a fence a distance of 457.71 feet to a 518 inch Iron rod found for the North
comer of said 0.801 acre tract in the East line of said FM 2164 at the beginning of a curve to the left
having a radius of 955.37 feet and a chord bearing and distance of North 00 degrees 59 minutes 28
aeconas, 12280fact;
THENCE along said curve with said East line of FM 2164 an arc distance of 122-95 feet to a wood ROW
marker,
THENCE North 00 degrees 57 minutes 01 seconds West with the East One of FM 2164 and a West line of
said Dean tract a distance of 660.88 feet to the PLACE OF BEGINNING and enclosing 219.478 acres of
land more or less.
Exhibit A
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Exhibit B
Master Planned Community
Exhibit B
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Exhibit C
Plan for Development of the Property
Plan for Development. The Property shall be developed in accordance with Exhibit B and the
development standards set forth in this paragraph and in subparagraphs 1-9 below (collectively, the
"Plan for Development'), except to the extent that the Plan for Development conflicts with a valid
and enforceable local, state, or federal law that is legally applicable to the Property on the date of
this Request and such conflict cannot be reconciled, in which case the remainder of the Plan for
Development shall remain in full force and effect. To the extent that Exhibit B must be adjusted to
allow development of the Property to occur in accordance with any orders, regulations, ordinances,
rules, expiration dates, or other properly adopted requirements in effect on the date of this Request,
the owner of the Property or developer of the Property may make such adjustments to the plan and
may develop in accordance with the plan as modified, and any such adjustment or modification
shall be deemed non -material. In the preceding sentence, the terms "orders, regulations,
ordinances, rules, expiration dates, or other properly adopted requirements in effect" shall have the
meaning attributed to those terms under Section 245.002 of the Texas Local Government Code.
Defined terms in this Exhibit C shall have the same meaning they have in the body of this Request.
1) Lot Sizes. The minimum lot size shall be 4,000 square feet.
2) Lot Dimensions. The minimum lot width shall be 40 feet. There are no other minimum lot
dimension requirements.
3) Building Size. There are no building size requirements for any use, including but not limited to
requirements that a building be a minimum or maximum size.
4) Lot Coverage.
a) The maximum lot coverage is eighty percent (80%). Measurements of lot coverage shall
include only the building footprint.
b) There are no other lot coverage requirements, including but not limited to minimum or
maximum lot coverage requirements.
5) Landscaping. There are no landscaping requirements.
6) Tree Preservation. There are no tree preservation requirements.
7) Open Space. There are no open space requirements.
8) Park Dedication. There are no park dedication requirements.
9) Pronerty Classification. As of the date of this Request, the Property is located entirely within the
ETJ of the City; therefore, municipal zoning regulations do not apply to the development of the
Property.
Exhibit C
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