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2006-146 $:\Our Documem,IOntinonccsl06\1NC Special Di.lricII'Clilioo.DOC ORDINANCE NO. 2 O()6-jJ)~ 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 I, 2006 JNC 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 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 and Exhibit Cto the Requests are hereby rejected and denied for all purposes. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. S:'Du, DocumCnls"O,d;".ncc~.D6\}NC Special District I'ctition,DOC kill PASSED AND APPROVED this the '& - day of ATTEST: JENNIFER WALTERS, CITY SECRETARY BY~~\~~~~h'^J APPRO D AS TO LEGAL FORM: EDWINM. SNYD R, TY ATTORNEY BY: Yfar ~~~ciL- ,2006. EULlNE BROCK, MAYOR Page 2 of2 Exhibit A HUGHES I LUCE LLP ATTORNEYS ANO COUNSELORS 301 Commerce Street. Suite 3000 Fort Worth, Texas 76102 817.347.5279 214.939.5849 (fax) May 1, 2006 mlindelow@hughesluce.com Melissa Lindelow VIA CERTIFIED MAIL AND HAND DELIVERY RECEIVED MAY 0 1 2006 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 CITY OF DENTON LEGAL DEPT. 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 /' Goverrunent 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 "City") 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 "Property"): 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 Goverrunent Code Section 245.002(a)(2). ?;~wwMJ 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 EXTRA TERRITORIAL JURISDICTION THE STATE OF TEXAS COUNTY OF DENTON s s s 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 witl1 the City of Denton (tl1e "City") this request for consent to tl1e creation of a municipal utility district (the "District") in tl1e City's extraterritorial jurisdiction (tl1is "Reauest"), respectfully requests tl1e City Council of tl1e City for its written consent to the creation of tl1e District and would respectfully show the following: I. 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 witl1 tl1at name. II. The District shall be created and organized under the terms and prOVISIOns of Article XVI, Section 59, of tl1e Constitution of Texas, Texas Local Government Code Section 42.042 and Texas Water Code Chapter 54, together with all amendments and additions tl1ereto. The District shall have all the rights, powers, privileges, autl1ority, and functions conferred by and be subject to all duties imposed by the Constitution of Texas, tl1e Texas Local Government Code, tl1e Texas Water Code, and all general laws applicable to tl1e District. III. The District shall contain an area of approximately 219.478 acres of land, more or less, lying wholly witl1in Denton County, Texas, the boundaries of which land to be included in tl1e District are described by metes and bounds in Exhibit A attached hereto and incorporated herein 015815.00010:962609.01 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 "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-l) 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. 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 Govemment 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 Govemment 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 Govemment 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. 3 015815.00010:962609.01 RESPECTFULLY SUBMITTED and effective this I ~ day of April, 2006. "OWNER" JNC Partners Denton, LLC a Texas Limited Liability Company By: "tL.':--------- John Lau, Manager THE STATE OF TEXAS COUNTY OF ~~ s s s This instrument was acknowledged before me on this the \li day of April, 2006, by John Lau, the Manager of JNC Partners Denton, LLC, a Texas limited liability company, on behalf of said entity. "'''''''''' ,":},*-'~."~~'i'. ~".:' .....-:. -. '- : . : ; %:~;,. ....~~;:l "'"~,r,;,,,'" LYNN HUDSON Notary Public, State of ~exas My Commission Expires November 19. 2008 Notary~ antk~ the State of Texas 4 015815.00010,962609.01 Exhibit A Metes and Bounds Descriotion of the Prooertv BEING aU that certain tract of land situated in the P. G. YARBROUGH SURVEY. ABSTRACT NUMBER 1447, Denton County, Texas and being alf of a calfed 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 partlculariy descnbed 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 end the Southwest comer of a ee1led 643.298 acre tract of land described In the Deed from Dan Reding, Trustee of the Mal)' Lou Reding Grantor Trust to Dan Reding as recorded In Volume 4454. Page 2090 of said Real Property Records; THENCE North as 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 of4291.31 fsetto a wood fence comer post found on the East line of sald Swvey 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 Eastllne 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 1/2 Inch Iron rod set In the bend of an asphalt road posted as Gribble Sprtngs 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 f6et 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 26 seconds West with the West line thereof passing said Gribble Springs Road at 43 feet and contlnulng along said course a total dlslsnce of 1384.22 feet to metal fence comer post found for the Northeast comer of a called 15.00 acre tract of land desaibed In the Deed to Bobble J. Trletsch1as recorded in Volume 1793, Page 40 of said Real Property Reconls; 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-tle fence comer post for the most Westerly SouthWest comer of said Dean Iract and the Southeast comer of a called 0.861 acre tract of land descrlbed in the Deed from Mortgage 8ectronle Registration Systems, Ino. to Household Finance Corp. III as recorded In Instrument Number 2005-94332 of said Real Property Records; THENCe North 00 degrees 48 minutes 60 seconds West with the East line thereof and a West line of said Dean tract along end near a fence a distance of 457.71 feet to a 5/8 inch Iron rod found for the North comer of said 0.B61 acre tract in the East line of said FM 2164 at the beginning of a curve to !he left having a radius of 955.37 feet and a chord bearing and dislsnoe of North 00 degrees 59 minutes 28 MlCOn~, 122.86 feet; .THENCE along said curve with said Easlllne of FM 2164 an arc distance of 122.95 feet to a weod ROW marker, THENCE North 00 degrees 57 minutes 01 seconds West with the East line 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 015815.000100962609.01 Exhibit B Master Planned Community :~~lk':>(ii ,.ty~,' :c"t.(t~:; ~.. ,.,,,. (~~~'~:~P:~~ if. :~~ j.- Exhibit B 015815.00010:962609.01 Exhibit C Plan for Deyelopment 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 ofthe 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 I) 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 s s s 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 Govermnent 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 "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 Govermnent 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 Govermnent Code, the Texas Water Code, and all general laws applicable to the District. III. The District shall contain an area of approximately 219.478 acres ofland, 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-l) 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 015815.00010,962763.01 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 oflaw under Section 42.042(c) of the Texas Local Government 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 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 Il~ day of April, 2006. "OWNER" By: JNC Partners Denton, LLC a Texas Limited Liability Company cJA------- John Lau, Manager THE STATE OF TEXAS COUNTY OF /)~ 9 9 9 This instrument was acknowledged before me on this the \zi! day of April, 2006, by John Lau, the Manager of JNC Partners Denton, LLC, a Texas limited liability company, on behalf of said entity. A:f.i~~Ytr;;-", ~",~.' '.",~ 5:: ;;: . . . ~ \"'~i.. .<~~~ "'(I:,f'\l~'\'" ~- LYNN HUDSON Notary Public, State of Texas My Commission Expires November 19, 2008 ~/~ Notary Pubhc in and for the State of Texas 4 015815.00010:962763.01 Exhibit A Metes and Bounds Description of the Propertv 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 643.298 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 Res! Properly Records; THENCE North 88 degrees 59 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 feet to a wood fence comer post found on the East line of sald 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 I1ne of said Dean tract along and near a double fence a distance of 2639,70 feet to capped 1/2 Inch Iron rod set in the bend of an asphalt road posted as Gribble Springs Road and connects to said Indian Wel1s 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 I1ne 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 d!stance of 1384.22 feet to metal fence comer post found for the Northeast comer of a called 15.00 acre tract or land described In the Ceed to Bobble J. Trletsch 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 feel to a x-tie fence comer post for the most Westerly SoutllWest comer of said Dean tract and the Southeast comer of a called 0.861 acre tract of land descrtbed in the Deed from Mortgage Electronic Registration Systems. Ine. 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 5/8 Inch iron rod found for the North comer of said 0.861 acre tract in the East line of said FM 2184 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 <!eCOn~, 122.66 feet; .THENCE along said curve with said East line of FM 2164 an arc distance of 122.95 feet to a weod ROW marker; THENCE North 00 degrees 57 minutes 01 seconds West with the East line 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 015815.00010:962763.01 Exhibit B Master Planned Community ~r ~'~'t:/:I\: -';f,)\1'''_~' ~t"',),'4' ~<;:':-k-';~;;';:"'., l~'.;:}i:"~:J:'~"I :-: _ ,;i' :..'i!'~ :3~?}~'~'ii :':0:; i.;.,.... lA~-'" ,M',-~ ,i?4~~rl.i-.: "", 'S~ ~)_~,:~~r1:':~ i!;"':'f~ ~,"'i!1Xitl .~.. . i;l~ i!~ Exhibit B 015815,00010:962763,01 Exhibit C Plan for Deyelopment of the Property Plan for DeyeIopment. The Property shall be deyeIoped in accordance with Exhibit B and the deyeIopment standards set forth in this paragraph and in subparagraphs 1-9 below (collectiyeIy, the "Plan for Deyelopment"), except to the extent that the Plan for Deyelopment conflicts with a yalid 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 Deyelopment shall remain in full force and effect To the extent that Exhibit B must be adjusted to allow deyelopment 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 deyeloper of the Property may make such adjustments to the plan and may deyelop 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 I) 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 COUNTY OF DENTON s s s THE STATE OF TEXAS 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 "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 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 provlSlons 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. III. The District shall contain an area of approximately 219.478 acres ofland, 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 "Prooertv"). 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 cornmunity 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-l) 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, jmprovement, 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 015815.000100962758.01 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 $13,140,000. X. Owner requests consent to the creation of the District and the inclusion of the Property in the District. XI. Section 42.042 of the Texas Local Government Code requires the City's consent to the creation of the District, whether that consent be by ordinance or resolution of the City or otherwise by operation oflaw under Section 42.042(c) of the Texas Local Government Code (the "City's Consent"). This Request constitutes an application for a permit, which permit is the City's Consent (a "Permit"). Under Section 42.042(d) of the Texas Local Government Code, the City's Consent is an authorization to initiate proceedings to create the District as provided by law, and this Request is a request for authorization that Owner must obtain to perform an action or initiate, continue, or complete the Project for which the Permit is sought. XII. WHEREFORE, Owner respectfully prays that this request be in all things granted, and that the City of Denton give its written consent to creation of the Davis Fresh Water Supply District of Denton County and the inclusion of the Property in such District and for such other orders, acts, procedure, and relief as are proper and necessary and appropriate to the purpose of organizing the District and developing the Project. 3 015815.000100962758.01 RESPECTFULLY SUBMITTED and effective this _\ Pday of April, 2006. "OWNER" JNC Partners Denton, LLC a Texas Limited Liability Company ~-lL John Lau, Manager By: THE STATE OF TEXAS COUNTY OF f)a1lM s s s This instrument was acknowledged before me on this the \:rh day of April, 2006, by John Lau, the Manager of JNC Partners Denton, LLC, a Texas limited liability company, on behalf of said entity. ,.'$*:~W;;;-~ g",;. \";. %:.~;;..;(~~j "',,,f,:,,'\~~ LYNN HUDSON Notary Public. State of Texas My Commissior: Expires November 19. 2008 N"'MY~~ the State of Texas 4 015815.00010:962758.01 Exhibit A Metes and Bounds Description of the Properlv BEING ell that certain tract of land situated in the P. G. YARBROUGH SURVEY. ABSTRACT NUMBER 1447. Denton County, Texas and being all of a celled 219.73 acre tract of fand 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 trae! being more partiwlarfy described as foUows: BEGINNING at a 1/2 inch iron rod found In the East line ofFM 2164 for the Northwest com81'ofsaid Dean tract and the Southwest comer of a called 643.298 acre tract of land described In the Deed from Dan Reding, Trustee of the Mary Lou Reding Grantor Tru!t to Dan Reding as recorded in Volume 4454, Page 2090 of said Real Property Records; THENCE North 88 degrees 59 minutes 28 seconds East with the South line thereof and lhe North line of said Dean tract along and near a fence a distance of 4291.31 feet to a wood fanca comer post found on the East line of said Survey for the Southea:it comer of said Reding tract and the Northeast comer of said Dean tract and being on the West line of a gravei 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 1/2 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 naar 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 26 seconds West with the West line thereof passing said Gribble Springs Road at43 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 tTact of land described In the Deed to Bobble J. Trletsch 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 lhereofand iI South line of said Dean tract along and near a fence a distance of 1252.70 feet to a x-lie fence comer post tor the most Westerly SouthWest comer of said Dean tract and the Southea!t comer of a called 0.861 acre tract of land descrlbed in the Deed from Mortgage Eectronlc Registration Systems, Ino. 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 6/8 inch Iron rod found for the North comer of said 0.861 acre tract in the East line of said FM 2164 at the beginning ofa ourveto the left having a radius of 955.37 feet and a chord bearing and distance of North 00 degrees 59 minutes 28 .:!eCOn~, 122..66 feeti THENCE along said wrve 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 line of FM 2164 and a West Ilneof 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 015815.00010:962758.01 Exhibit B Master Planned Community .t:".~,,:;'Y~.~ 'l'S_"t"'" ~.f,.~.d" 'If i,','ij,;' '~'. t ~ -ff"'- s::},::0- ,', ..,-~ riJ! ,.~.,' ,I :~~~~:, i~I i 'fJ::r':'i _ *",..t-' . ;'1~:,' ~,. '~i".i~ 'I:" "'~'>:' rrti~_~~~-~~," ~:"'~'::'PI N""'/,4;f2i: if. i!~ Exhibit B 015815,00010:962758,01 Exhibit C Plan for Deyelooment of the Prooerty Plan for Develooment The Property shall be deyeloped in accordance with Exhibit B and the deyelopment standards set forth in this paragraph and in subparagraphs 1-9 below (collectively, the "Plan for Deyelooment"), except to the extent that the Plan for Development conflicts with a yalid 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 ofthis 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. I) 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) Landscaoing. There are no landscaping requirements, 6) Tree Preservation, There are no tree preservation requirements, 7) aoen Soace, There are no open space requirements, 8) Park Dedication, There are no park dedication requirements, 9) Prooerty 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 015815,00010:962758,01