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HomeMy WebLinkAbout2006-1475V urU uninW rdinmmeWWhne( k Sp WM.1cc Ntiimn C ORDINANCE NO. 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 623 ACRE TRACT OF LAND LOCATED IN THE CITY'S EXTRATERRITORIAL .IURISDICTION REQUESTED BY WHITE CAKE DENTON, L.P.; AND PROVIDING AN EFFECTIVE DATE WHEREAS, on May 1, 2006 White Cake Denton, L.P. (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 623 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 and Attachment 1 to 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 I. 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 B, Exhibit C, and Attachment 1 to 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. sroa. Gac swta um.mt vn,w,mC PASSED AND APPROVED this the /6 e4ay of 5V4,L12006. e & CIL EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: 1 APPROV D AS TO LEGAL FORM: EDWIN M. SNYDER. CITY -N Page 2 of 2 Exhibit A HUGHES , LUCE LLP ATTORNEYS AND COUNSELORS May 1, 2006 301 Commerce Street, Suite 3000 Fort Worth, Texas 76102 817,347.5279 214.939.5849(fax) mlindelow@hughesluce.com Melissa Lindelow VIA CERTIFIED MAIL AND HAND DELIVERY 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: 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 623-acre tract of land located wholly within the City's extraterritorial jurisdiction and identified by metes and bounds in the Requests (the "Pro er I'): 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 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). 1Sincerely, n � Melissa Lindelow cc: Edwin Snyder, City Attorney of the City of Denton White Cake Denton, L.P. c/o Kerry Scott 015815.00010:958365.01 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, WHITE CAKE DENTON, L.P. (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, as amended, by filing with the City of Denton (the "City") 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: I. The name of the proposed District shall be the REDING RANCH FRESH WATER SUPPLY DISTRICT OF DENTON COUNTY. There is no other conservation or reclamation district in Denton County, Texas with that name. 91 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 623.21 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 1 015815.00010:958217.01 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 commercial and 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 development of the Property 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. Vu. There is a necessity for the improvements above described in order to develop the Project. The Property is urban in nature, is within the growing environs of the City of Denton, Texas, and will be developed for residential and commercial 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 2 015815.00010:958217.01 District require the 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. 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 $36,000,000. 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 Reding Ranch 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. 3 015815.00010:958217.01 RESPECTFULLY SUBMITTED and effective this � day of April, 2006. WHITE CAKE DENTON, L.P., a Texas limited partnership White Cake Denton GP, LLC, a Texas limited liability company, its general partner //�� , 7/ By: 64--� J. Christopher D ce, Manager THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on this the day of April, 2006, by J. Christopher Dance, the Manager of White Cake Denton GP, LLC, a Texas limited liability company, the general partner of White Cake Denton, L.P., a Texas limited partnership, on behalf of sap NfAIzV==--- JOANNE CRAIKER Notary public, state of Texas MyCommission Expires February 02, 2010 N#y Public in and for th6vState of Texas I. 015815.00010:959217.01 Exhibit A Metes and Bounds Description of the Property DESCRIPTION Tract 1 205.00 ACRES All that -certain tract of land situated in the John Marton Survey, Abstract Number 792. Denton County, Texas, and o part of a called 643.298 acre trod of land described in a deed from Dan Reding, Trustee of the Mary Lou Reding Grantor Trust to Dan Reding recorded in Volume 4454, Page 2090, Real Property Records of Denton County, Texas, and being more particularly described as follows: COMMENCING from a. pipe fence corner post at the recognized and occupied Northeast corner of said Reding tract; THENCE South 00 Degrees 23 Minutes 08 Seconds East a distance of 1175.51 feet to a capped iron rod found for a corner, and being the Point of Beginning of the herein described tract and being the Southwest comer of Lot 1 Block One Nye Addition, an addition in said County, as shown on the Plat thereof recorded in Cabinet G Page 213 Plot Records Denton County, Texas;; THENCE North 89 Degrees 24 Minutes 17 Seconds East a distance of 5.09 feet to a 1/2" iron rod found for comer; THENCE South 00 Degrees Ot Minutes 41 Seconds West continuing with the East line of said Reding tract along or near a fence a distance of 1229.76 feet to a capped iron rod found for the Southeast comer of the herein described tract; THENCE South 89 Degrees 48 Minutes 35 Seconds West with a line parallel with the North line of said Reding tract with a line severing said Reding tract a distance of 5200.28 feet to a copped iron rod found in the West line of said tract and the East right—of—way line of F.M. Road 2164 in a non—tongont curve to the left having a radius of 1186.30 feet; THENCE in a Northeasterly direction along the arc of said curve with the East right—of—way line of said F.M. Road an arc distance of 644.90 feet (chord 'bearing of North 16 Degrees 28 Minutes 45 Seconds East a distance of 636.99 feet) to a capped ion rod found for comer; THENCE North 00 Degrees 54 Minutes 20 Seconds East with the East right—of—way line of said F.M. Road a distance of 333.40 feet to a capped iron rod found the most Westerly Northwest comer of said Reding tract. being the Southwest comer of Wild West Addition an addition in said County, according to the Plot thereof recorded in Cabinet G Page 150 Plat Records; THENCE North 89 Degrees '46 Minutes 44 Seconds East with the South line of said Wild West Addition and a North line of said Reding trod along or near a fence a. distance of 1565.04 feet to a metal "t" past fence corner found for the Southeast corner of said Addition; THENCE North 00 Degrees 12 Minutes 04 Seconds East with the East line thereof. and the most Northerly West line of said Reding tract along or nedr a fence a distance of 1460.86 feet to a copped iron rod found for the Northerly most Northwest corner. of said Reding tract; THENCE North 89 Degrees 48 Minutes 35 Seconds East with the North fine thereof along or near a fence a distance of 2690.63 feet to at capped. iron rod found ot.the Northwest comer 'of a 20 acre tract surveyed under the direction and supervision of J.E. Thompson on 7/18/05; THENCE South 00 Degrees 23 Minutes 08 Seconds Enst with .the Wept fine thereof,. a distance of 1175.51 feet to a capped iron rod set for the Southwest comer of said 20 acre tract; THENCE North 89 Degrees 48 Minutes 35 Seconds East with the South fine thereof, a.distance of 741.13 feet to the PLACE OF BEGINNING and enclosing 205.00 aipres of land; more or less. Exhibit A - Page 1 015815.00010:958217.01 DESCRIPTION Tract 2 203.00 ACRES All that certain tract of land situated in the John„Morton Survey, Abstract Number 792, and the P. Yarbrough Survey, Abstract Number 1447, the W. Norrnent Survey, Abstract* Number 965 and the JX Jagoe Survey, Abstract Number 1640 Denton County, Texas, and a part of a called 643.298 acre tract of land described in a deed from Don Reding, Trustee of the Mary Lou Reding Grantor Trust to Dan Reding recorded in Volume 4454, Page 2090, Real Property Records of Denton County, Texas, and being more particularly described os follows: BEGINNING for the Southeast comer of the tract being described herein at a. point at the base of an old 'fence corner post for the most Easterly Southeast comer 'of said Reding tract and being the recognized and occupied Southeast comer of said Morton Survey; THENCE North 86 Degrees 42 Minutes 20 Seconds West with the South line of said Morton Survey and along or near a fence a distance of �069.34 feet- to a point at the base of an old fence comer post in the East line of said Yarbrough Survey of a re—entrant comer of said Reding tract; THENCE South 86 Degrees 49 Minutes 33 Seconds West. with a line severing said Reding tract a distance of 4284.78 feet to a capped iron rod fcWd in the West line of said Reding tract and the East right—of—way line of F.M. Rood.2164; THENCE in a general Northeasterly direction with, the East right—of—way line of said F.M. Road the following 5 courses and distances; 1.) North 00 Degrees'14 Minutes 40 Seconds West a distance of 120.62 feet to a capped iron rod found for the beginning of o curve to the right having a radius of 1076.30 feet; 2.) along the arc of said curve an ore distance of 327.60 feet (chord bearing North 08 Degrees 28 Minutes 31 Seconds East a distance 0 326.34 feet) to a capped iron rod found for the end of said curve; 3.) North 05 Degrees 36 Minutes 52 'Seconds East a distance of 101.94 feet to a capped iron rod set for the beginning of a non—tongant. curve to. the right having o radius of 1101:30 feet; 4.) along the arc of said curve an arc distance; of 649.51 feet (chord bearing of North 39 Degrees 17 MmUtes 35 Seconds East a distance of 640.14 feet) to a capped iron rod found; 5.) North 56 Degrees 11 Minutes 20 Seconds East a distance of 404.80 feet to a capped• iron rod set for the beginning of a curve to the left loving a radius of 1186.3Q feet; 6.) along the arc of said curve an arc distance. of 499.74. feet (chord bearing of North 44 Degrees 07 Minutes 15 Seconds East a distance of 496.05 feet) to a capped iron rod found for the Northwest corner of the herein described tract; THENCE North 89 Degrees 48 Minutes 35 Seconds East with a line severing said -Reding tract a distance of 5200.26 feet to a capped iron rod found in the East line of said Reding tract and said Morton Survey; THENCE South 00 Degrees 01 Minutes 41.Second' West with said East line along or near a fence a distance of 1520.56 feet to the PLACE OF BEGINNING and enclosing 203.00 acres of land. Exhibit A — Page 2 015815.00010:958217.01 DESCRIPTION Tract 3 215.21 ACRES All that certain tract of land situated in the P. Yarbrough Survey, Abstract Number 1447, Denton County, Texas, and a part of a called 643.298 acre tract of land described in a deed' from. Dan Reding, Trustee of the Mary Lou Reding Grantor Trust to Dan Reding recorded in Volume 4454, Page 2090, Red] Property Records of Denton County, Texas, and being more particularly described as follows: BEGINNING for the.Southwest comer of the tract being described herein at a capped iron rod found in the East right-of-way Fine of F.M. Road 2164 at the Southwest comer of said Reding tract; THENCE North 00 Degrees 14 Minutes 44 Seconds West with the East right�of-way line of sold F.M. Road along or near a -fence a distance of 1147.12 feat to a capped iron rod found for comer; THENCE North 13 Degrees 47 Minutes 30 Seconds East with the East right-of-way line of said F.M. Road a distance of 103.a8 feet to"a capped iron rod foUruf for corner, THENCE North 00 Degrees 14. Minutes 40 Seconds West continuing with the East right-of-way lineof said F.M. Road a distance of 830.48 feet to a capped iron rod found for the Nortltwest comer of the herein described tract; THENCE North 86 Degrees 49 Minutes 33 Seconds East with a line severing said 'Reding tract a distance of 4284.78 feet to the base of an old fence comer post in the East line of said Survey; THENCE South 00 Degrees 02, Minutes 21 Seconds West with said Survey lime along or ne'or a fence a distance. of 2296.05 feet to a fence comer post found for the' Southeast comer of said Reding tract; THENCE South 89 Degrees 44• Minutes 52 Seconds West with the South rine thereof olpng or near a fence a distance of 4292.79 feet to the PLACE OF BEGINNING and' enclosing 215.21 acres of land. Exhibit A - Page 3 015815.00010:958217.01 Exhibit B Master Planned Community Exhibit B — Page I 015815.00010:958217.01 Exhibit C Plan for Development of the Property Plan for Development. The Property shall be developed in accordance with Attachment I to this Exhibit C 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 the plan on Attachment I 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. a) Minimum lot sizes for lots proposed for single family or duplex uses shall be as shown on Attachment 1 to this Exhibit C; however, such lot sizes may be decreased by an amount not to exceed twenty-five percent (25%). b) There is no minimum lot size required for any lot proposed for a multifamily or nonresidential use. c) There is no other lot size requirements for any lot. 2) Lot Dimensions. a) Minimum lot dimensions for lots proposed for single family or duplex uses shall be as shown on Attachment 1 to this Exhibit C; however, such lot dimensions may be decreased by an amount not to exceed twenty-five percent (25%). b) There are no minimum lot dimensions required for any lot proposed for a multifamily or nonresidential use. c) There are no other lot dimension requirements for any lot. 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) There are no lot coverage requirements for any uses other than a single family or duplex use, including but not limited to minimum or maximum lot coverage requirements. b) The maximum lot coverage requirement for a single family or duplex use shall be eighty percent (80%). There is no minimum lot coverage requirement, or any other lot coverage requirement, for a single family or duplex use. Lot coverage shall be measured using only the building footprint of the principal residential structure on a lot. Exhibit C — Page 1 015815.00010:958217.01 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 — Page 2 015815.00010:958217.01 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, WHITE CAKE DENTON, L.P. (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: I. The name of the proposed District shall be the REDING RANCH 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 623.21 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 1 015815.00010:958195.04 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 commercial and 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 development of the Property 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 Property is urban in nature, is within the growing environs of the City of Denton, Texas, and will be developed for residential and commercial 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 015815.00010:958195.04 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. 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 $36,000,000. 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 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 "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 Reding Ranch 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. 015815.00010:958195.04 RESPECTFULLY SUBMrI-rED and effective this I` day of April, 2006. "OWNER" WHITE CAKE DENTON, L.P., a Texas limited partnership White Cake Denton GP, LLC, a Texas limited liability company, its general partner By: ?A"L'<-2� J. Cfiristopher Dance, Manager THE STATE OF TEXAS COUNTY OF a/ J�,s This instrument was acknowledged before me on this the � day of April, 2006, by J. Christopher Dance, the Manager of White Cake Denton GP, LLC, a Texas limited liability company, the general partner of White Cake Denton, L.P., a Texas limited partnership, on behalf of said entity. �:a"•"e%'-. ii• ,,,z g JOANNE CRAIKER Notary Public, State of Texas My Commission Expires February 02. 2010 0 Public in and for e State of Texas 015815.00010:958195.04 Exhibit A Metes and Bounds Description of the Pronert DESCRIPTION Tract 1 205.00 ACRES All that •certain tract of land situated in the John Morton Survey, Abstract Number 792, Denton County, Texas, and a part of a called 643.298 acre tract of land- described in a deed from Dan Reding, Trustee of the Mary Lou Reding Grantor Trust to Dan Reding recorded in Volume 4454, Page 2090, Real Property Records of Denton County, Texas, and being more particularly described as follows: COMMENCING from a. pipe fence corner post at the recognized and occupied Northeast comer of said Reding tract; THENCE South 00 Degrees 23 Minutes 08 Seconds East a distance of 1175.51 feet to a capped iron rod found for a corner, and being the Point of Beginning of the herein described tract and being the Southwest comer of Lot 1 Block One Nye Addition, an addition in said County, as shown on the Plat thereof recorded in Cabinet G Page 213 Plat Records Denton County, Texas;; THENCE North 89 Degrees 24 Minutes 17 Seconds East a distance of 5.09 feet to a 1/2" iron rod found for comer; THENCE South 00 Degrees Ot Minutes 41 Seconds West continuing with the East line of sold Reding tract along or near a fence a distance of 1229.76 feet to a capped 'iron rod fouad for the Southeast comer of the herein described tract; THENCE South 89 Degrees 48 Minutes 35 Seconds West with a line parallel with the North line of said Reding tract with a tine severing said Reding tract a distance of 5200.28 feet to a capped iron rod found in the West line of said tract and the East right—of—way line of F.M. Rood 2164 in o non —tangent curve to the left having a radius of 1186.30 feet; THENCE in a Northeasterly direction along the arc of said curve with the East right—of—way line of said F.M. Road an arc distance of 644.,90 feet (chord bearing of North 16 Degrees 28 Minutes 45 Seconds East a distance of 636.99 feet) to a capped icon rod found for comer; THENCE North 00 Degrees 54 Minutes 20 Seconds East with the East right—of—way line of said F.M. Road a distance of 333.40 feet to a capped iron rod found the most Westerly Northwest comer of said Reding tract being the Southwest comer of Wild West Addition an addition in said County, according to the Plat thereof recorded in Cabinet G Page 150 Plat Records; THENCE North 89 Degrees '46 Minutes 44 Seconds East with the South line of said Wild West Addition and a North line of said Reding tract along or near a fence a distance of 1565.04 feet to a metal "t" post fence corner found for the Southeast corner of said Addition; THENCE North 00 Degrees 12 Minutes 04 Seconds East with the East tine thereof and the most Northerly West line of said Reding tract along or hedr a fence a distance of 1466.86 feet to a capped iron rod found for the Northerly most Northwest corner. of void Reding tract; THENCE North 89 Degrees 48 Minutes 35 Seconds East with the North line thereof along or near a fence a distance of 2690.63 feet to at capped, iron rod found ot.the Northwest comer of a 20 acre tract surveyed under the direction and supervision of J.E. Thompson -on 7/18/05; THENCE South 00 Degrees 23 Minutes 08 Seconds Enst with .the West fine thereof,, a distance of 1175.51 feet to is capped iron rod set' for the Southwest comer of said 20 acre tract; THENCE North 89 Degrees 48 Minutes 35 Seconds East with the South Gne thereof, a.distance of 741.13 feet to the PLACE OF BEGINNING and enclosing 205.00 a4res of fond; more or less. Exhibit A — Page 1 015815.00010:958195.04 DESCRIPTION Tract 2 203.00 ACRES All that certain tract of land situated in the John. Morton Survey, Abstract Number 192, and the P. Yarbrough Survey, Abstract Number 1447, the W. Norrnent Survey, Abstract' Number 965 and the JA Jagoe Survey, Abstract Number 164.0 Denton County, Texas, and a part of a called 643.298 acre tract of fond described in a deed from Dan Reding, Trustee of the Mary Lou Reding Grantor Trust to Dan Reding recorded in Volume 4454, Page 2090, Real Property Records of Denton County, Texas, and being more particularly described -as follows: BEGINNING for the Southeast comer of the tract being described herein at a• point at the base of an old 'fence corner post for 'the most Easterly Southeast comer of said Reding tract and being the recognized and occupied Southeast comer of said Morton Survey; THENCE North 86 Degrees 42 Minutes 20 Seconds West with the South line of said Morton Survey and along or near a fence a distance of 4069.34 feet' to a point at the base of an aid fence comer post in the East line of said Yarbrough Survey of a re-entrant comer of said Reding tract; THENCE South 86 Degrees 49 Minutes 33 Secondi West. with a line severing said Reding tract a distance of 4284.78 feet to a capped iron rod fci nd in the West line of said Reding tract and the East right-of-way line of F.M. Rood.2164; THENCE in a general Northeasterly direction with the East right-of-way line of said F.M. Rood the following 6 courses and distances;' ' 1.) North 00 Degrees'14 Minutes 40 Seconds West a distance of 120.62 feet to a capped iron rod found for the beginning of a curve to the right having a radius of 1076.30 feet; 2.) along the arc of said curve an arc distance of 327.60 feet (chord bearing North 08 Degrees 28 Minutes 31 Seconds East a distance 0 326.34 feet) to a capped iron rod found for the end of said curve; 3.) North 05 Degrees 36 Minutes 52 'Seconds East a distance of 101.94 feet to a capped iron rod set for the beginning of a non-tangantcurve' to the right having a radius of 1101ZO feet; 4.) along the arc of said curve an arc distance; of 649.51 feet (chord bearing of North 39 Degrees 17 Minutes 35 Seconds East a distance of 640.14 feet) to a capped iron rod found; 5.) North 56 Degrees 11 Minutes 20 Seconde East a distance of 404.80 feet to a capped• iron rod set for the beginning of a curve to the left npving a radius of 1186.3Q feet; 6.) along the are of said curve an 'arc distance. of 499.74. feet (chord bearing of North 44 Degrees 07 Minutes 15 Seconds East a distance of 491S.05 feet) to a capped iron rod -found for the Northwest comer of the herein described tract; THENCE North 89 Degrees 48 Minutes 35 Seconds East with a line severing said Reding tract a distance of 5200.28 feet to a capped iron rod found in the East line of said Reding tract and said Morton Survey, THENCE South 00 Degrees 01 Minutes 41 . Second'_ West with said East line along or near o fence a distance of 1520.56 feet to the PLACE OF BEGINNING and enclosing 203.00 acres of land. Exhibit A - Page 2 015815.00010:958195.04 DESCRIP110N Tract 3 215.21 ACRES All that certain tract of land situated in the P. Yarbrough Survey, Abstract Number 1441, Denton County, Texas, and a part of a called 643.298 acre tract of land described in a deed' from. Dan Reding, Trustee of the Mary Lou 'Reding Grantor Trust to Dan Reding recorded in Volume 4454, Page 2090, Real Property Records of Denton County, Texas, and being more particularly described as follows: BEGINNING for the, Southwest comer of the tract being described herein at a capped iron rod found in the East right-of-way line of F.M. Road 2164 at the Southwest comer of said Reding tract; THENCE North 00 Degrees 14 Minutes 44 Seconds West with the East right�of-way line of sold F.M. Road along or near a -fence a distance of 1147.12 feet to a copped iron rod found for corner, THENCE North 13 Degrees 47 Minutes 30 Seconds East with the East right-of-way line of said F.M. Road a distance' of 10D.0d$ feet to"a capped iron rod found for corner, THENCE North 00 Degrees 14. Minutes 40 Seconds West continuing with the East right-of-woy line of said F.M. Road a distance of 830.48 feet to a capped iron rod found for the Nortlotwest comer of the herein described tract; THENCE North 86 Degrees 49 Minutes 33 Seconds East with a line severing said 'Reding 'tract a distance of 4284.78 feet to the 'base of on old fence comer post in the East line of said Survey; THENCE South 00 Degrees 02. Minutes 21 Seconds West with said Survey line along or near a fence a distance of 2296.05 feet to a fence corner post found for the Southeast comer of said Reding tract; THENCE South 89 Degrees 44, Minutes 52 Seconds West with the South line thereof along or near o fence a distance of 4292.79 feet to the PLACE OF BEGINNING and enclosing 215.21 acres of lend. Exhibit A - Page 3 015815.00010:958195.04 Exhibit B Master Planned Community Exhibit B —Page 1 015815.00010:958195.04 Exhibit C Plan for Development of the Property Plan for Development. The Property shall be developed in accordance with Attachment 1 to this Exhibit C 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 the plan on Attachment 1 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. a) Minimum lot sizes for lots proposed for single family or duplex uses shall be as shown on Attachment 1 to this Exhibit C; however, such lot sizes may be decreased by an amount not to exceed twenty-five percent (25%). b) There is no minimum lot size required for any lot proposed for a multifamily or nonresidential use. c) There are no other lot size requirements for any lot. 2) Lot Dimensions. a) Minimum lot dimensions for lots proposed for single family or duplex uses shall be as shown on Attachment I to this Exhibit C; however, such lot dimensions may be decreased by an amount not to exceed twenty-five percent (25%). b) There are no minimum lot dimensions required for any lot proposed for a multifamily or nonresidential use. c) There are no other lot dimension requirements for any lot. 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) There are no lot coverage requirements for any uses other than a single family or duplex use, including but not limited to minimum or maximum lot coverage requirements. b) The maximum lot coverage requirement for a single family or duplex use shall be eighty percent (80%). There is no minimum lot coverage requirement, or any other lot coverage requirement, for a single family or duplex use. Lot coverage shall be measured using only the building footprint of the principal residential structure on a lot. Exhibit C — Page t 015815-00010:958195.04 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 ED of the City; therefore, municipal zoning regulations do not apply to the development of the Property. Exhibit C — Page 2 015815.00010:958195.04 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, WHITE CAKE DENTON, L.P. (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 "City") this request for consent to the creation of a water control and improvement district (the "District") in the City's extraterritorial jurisdiction (this "Re uest"), 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 REDING RANCH 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 623.21 acres of land, more or less, lying wholly within Denton County, Texas, the boundaries of which land to be included in the 015815.00010:958237.02 District are described by metes and bounds in Exhibit A attached hereto and incorporated herein 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. LU 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 commercial and residential uses in accordance with the plan for development attached hereto and incorporated herein for A 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 Govemment 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. vil 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 development of the Property 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 Property is urban in nature, is within the growing environs of the City of Denton, Texas, and will be developed for residential and commercial 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 P 015815.00010:958237.02 District require the construction, acquisition, maintenance, and operation of an adequate waterworks system, sanitary sewer system, road system, and drainage and storm sewer system. VIH. 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. LK 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 $36,000,000. hN 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 Reding Ranch 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. 91 015815.00010:958237.02 RESPECTFULLY SUBMITTED and effective this a day of April, 2006. "OWNER" \ WHITE CAKE DENTON, L.P., a Texas limited partnership White Cake Denton GP, LLC, a Texas limited liability company, its general partner By: / 6 t/1/l (Q/ J. Christopher Dance, Manager THE STATE OF TEXAS § COUNTY OF 5 § This instrument was acknowledged before me on this the / / 74- day of April, 2006, by J. Christopher Dance, the Manager of White Cake Denton GP, LLC, a Texas limited liability company, the general partner of White Cake Denton, L.P., a Texas limited partnership, on behalf of said entity. r;:�%�••,, JOANNE CRAIKER Public in and for Notary Publlc, State of Texas My Commisslon Expires azy February 02. 2010 fife State of Texas l3 015815.00010:958237.02 Exhibit A Metes and Bounds Description of the PrODert DESCRIPTION Tract 1 205.00 ACRES All that -certain tract of land situated in the John Morton Survey, Abstract Number 792, Denton County, Texas, and a part of a called 643.298 acre tract of land- described in a deed from Dan Reding, Trustee of the Mary Lou Reding Grantor Trust to Dan Reding recorded in Volume 4454. Page 2090, Real Property Records of Denton County,. Texas, and being more particularly described as follows: COMMENCING from a. pipe fence corner post at the recognized and occupied Northeast comer of said Reding tract; (HENCE South 00 Degrees 23 Minutes 08 Seconds East a distance of 1175.51 feet to a capped iron rod found for a corner, and being the Point of Beginning of the herein described tract and being the Southwest comer of Lot 1 Block One Nye Addition, an addition in said County, as shown on the Plat thereof recorded in Cabinet G Page 213 Plat Records Denton County, Texas;; THENCE North 89 Degrees 24 Minutes 17 Seconds East a distance of 5.09 feet to a 1/2" iron rod found for comer; THENCE South 00 Degrees 01 Minutes 41 Seconds West continuing with the East line of said Reding tract along or near a fence a distance of 1229.76 feet to p capped iron rod fouad for the Southeast comer of the herein described tract; THENCE South 89 Degrees 48 Minutes 35 Seconds West with a line parollel with the North line of said Reding tract with a line severing said Reding tract a distance of 5200.28 feet to a capped iron rod found in the West line of said tract and the East right—of—way line of F.M. Road 2164 in a non—tangant curve to the left having• a radius of 1186.30 feet; THENCE in a Northeasterly direction along the arc of said curve with the East right—of—way line of said F.M. Road an arc distance of 644.,90 feet (chord bearing of North 16 Degrees 28 Minutes 45 Seconds East a distance of 636.99 feet) to a capped iron rod found for comer; THENCE North 00 Degrees 54 Minutes 20 Seconds East with the East right—of—woy line of said F.M. Road a distance of 333.40 feet to a capped iron rod found the most Westerly Northwest comer of said Reding tract being the Southwest comer of Wild West Addition an addition in said County, according to the Plat thereof recorded in Cabinet G Pgge 150 Plat Records; THENCE North 89 Degrees 46 Minutes 44 Seconds East with the South line of said Wild West Addition and a North line of said Reding tract along or near a fence a distance of 1565.04 feet to a metal Y past fence comer found for the Southeast corrvr of said Addition; THENCE North 00 Degrees 12 Minutes 04 Seconds East with the East line thereof and -the most Northerly West line of said Reding tract along or near o fence a distance of 146b.86 feet to a capped iron rod found for the Northerly most Northwest corner. of said Reding tract; THENCE North 89 Degrees 48 Minutes 35 Seconds .East with the North'line thereof along or near a fence a distance of 2690.63 feet to at capped. iron rod found ot.the Northwest comer of a 20 acre tract surveyed under the direction and supervision of J.E. Thompson on 7/18/05; THENCE South 00 Degrees 23 Minutes 08 Seconds Enst with .the West Brte thereof, a distance Of 1175.51 feet to o capped iron rod set for the Southwest comer of said 20 acre tract; THENCE North 89. Degrees 48 Minutes 35 Second§ East with the South line thereof, a.distance of 741.13 feet to the PLACE OF BEGINNING and enclosing 205.00 ages of land; more or less. Exhibit A — Page 1 015815.00010:958237.02 DESCRIPTION Tract 2 203.00 ACRES All that certain tract of land situated in the John Morton Survey, Abstract Number 792, and the P. Yarbrough Survey, Abstract Number 1447, the W. Norment Survey, Abstract Number 965 and the J.Y. Jagoe Survey, Abstract Number 1640 Denton County Texas, and a part of a called 643.298 acre tract of land described in a deed from Dan Reding, Trustee of the Mary Lou Reding Grantor Trust to Dan Reding recorded in Volume 4454, Page 2090. Real Property Records of Denton County, Texas, and being more particularly described as follows: BEGINNING for the Southeast comer of the tract bleing described herein at a. point at the base of an old 'fence corner post for •the most Easterly Southeast comer 'of said Reding tract and being the recognized and occupied Southeast comer of said Morton Survey; THENCE North 86 Degrees 42 Minutes 20 Seconds West with the South line of said Morton Survey and along or near a fence a distance of 4069.34 feet- to a point at the base of an old fence comer post in the East line of said Yarbrough Survey of a re-entrant corner of said Reding tract; THENCE South 86 Degrees 49 Minutes 33 Seconds West. with a line severing said Reding tract a distance of 4284.76 feet to a capped iron rod fciund in the West line of said Reding tract and the East right-of-way line of F.M. Rood.2164; THENCE in a general Northeasterly direction with' the East right-of-way line of said F.M. Rood the following 6 courses and distances;' 1_) North 00 Degrees 14 Minutes 40 Seconds West a distance of 120.62 feet to a capped iron rod found for the beginning of a curve to the right having a radius of 1076.30 feet; 2.) along the arc of said curve an arc distance of 327.60 feet (chord bearing North 08 Degrees 28 Minutes 31 Seconds East a distance 0 326.34 feet) to a capped iron rod found for the end of said curve; 3.) North 05 Degrees 36 Minutes 52 'Seconds East a distance of 101.94 feet to a capped iron rod set for the beginning of a non-tangant. curve'to the right having a radius of 1101:30 feet; 4.) along the arc of said curve an arc distance. of 649.51 feet (chord bearing of North 39 Degrees 17 Minutes '35 Seconds East a distance of 640.14 feet) to a capped iron rod found; 5.) North 56 Degrees i 1 'Minutes 20 Seconds East a distance of 404.80 feet to a capped, iron rod set for the beginning of a curve to the left boving a radius of 1186.30 feet; 6.) along the arc Of said curve an arc distance. of 499.74. feet (chord bearing of North 44 Degrees 07 Minutes 15 Seconds East a distance of 496.05 feet) to a capped iron rod found for the Northwest corner of the herein described tract; THENCE North 89 Degrees 49 Minutes 35 Seconds East with a line severing said -Reding tract a distance of 5200.28 feet to a capped iron rod found in the East line of said Reding tract and said Morton Survey; THENCE South 00 Degrees 01 Minutes 41 , Second' West with said East line along or near a fence a distance of 1520.56 feet to the PLACE O� BEGINNING and enclosing 203.00 acres of land. Exhibit A - Page 2 015815.00010:958237.02 DESCRIPTION Tract 3 215.21 ACRES All that certain tract of land situated in the P. Yarbrough Survey, Abstract Number 1447, Denton County, Texas, and a part of a called 643.298 acre tract of land described in a deed' from. Dan Reding, Trustee of the Mary Lou Reding Grantor Trust to Dan Reding recorded in Volume 4454, Page 2090, Real Property Records of Denton County, Texas, and being more particularly described as follows: BEGINNING for the, Southwest comer of the tract being described herein at a capped iron rod found in the East right-of-way line of F.M. Road 2164 at the Southwest comer of said Reding tract; THENCE North 00 Degrees 14 Minutes 44 Seconds West with the East right�of-way line of said F.M. Road along or near a -fence a distance of 1147.12 feet to a capped iron rod found for comer; THENCE North 13 Degrees 47 :Minutes 30 Seconds East with the East right-of-way line of said F.M. Road a distance' of 103.0`$ feet too capped iron rod found for corner, THENCE North 00 Degrees 14. Minutes 40 Seconds West continuing with the East right-of-way line of said F.M. Road a distance of 830.48 feet to a capped iron rod found for the NoAttwbst corner of the herein described tract; THENCE North 86 Degrees 49 Minutes 33 Seconds East with a line severing said 'Reding tract a distance of 4284.78 feet to the base of on old fence comer post in the East line of said Survey; THENCE South 00 Degrees 02. Minutes 21 Seconds West with said Survey line along or near a fence a distance of 2296.05 feet to a fence comer post found for the Southeast comer of said Reding tract; THENCE South 89 Degrees 44. Minutes 52 Seconds: West with the South Yne thereof along or near a fence a distance of 4292.79 feet to the PLACE OF BEGINNING and' enclosing 215.21 acres of land. Exhibit A - Page 3 015815.00010:958237.02 Exhibit B Master Planned Community Exhibit B —Page I 015815.00010:958237.02 Exhibit C Plan for Development of the Property Plan for Development. The Property shall be developed in accordance with Attachment I to this Exhibit C 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 the plan on Attachment 1 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. a) Minimum lot sizes for lots proposed for single family or duplex uses shall be as shown on Attachment I to this Exhibit C; however, such lot sizes may be decreased by an amount not to exceed twenty-five percent (25%). b) There is no minimum lot size required for any lot proposed for a multifamily or nonresidential use. c) There is no other lot size requirements for any lot. 2) Lot Dimensions. a) Minimum lot dimensions for lots proposed for single family or duplex uses shall be as shown on Attachment 1 to this Exhibit C; however, such lot dimensions may be decreased by an amount not to exceed twenty-five percent (25%). b) There are no minimum lot dimensions required for any lot proposed for a multifamily or nonresidential use. c) There are no other lot dimension requirements for any lot. 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) There are no lot coverage requirements for any uses other than a single family or duplex use, including but not limited to minimum or maximum lot coverage requirements. b) The maximum lot coverage requirement for a single family or duplex use shall be eighty percent (80%). There is no minimum lot coverage requirement, or any other lot coverage requirement, for a single family or duplex use. Lot coverage shall be measured using only the building footprint of the principal residential structure on a lot. Exhibit C — Page t 015815.00010:958237.02 5) Landscapine. 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 ED of the City; therefore, municipal zoning regulations do not apply to the development of the Property. Exhibit C — Page 2 015815.00010:958237.02