2006-147
$:\0", Documents\Ordin..,ceslO6\Wbile Cake Special DiSlrict PClitiOll.DOC
ORDINANCE NO. 2.00&-11-/7
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 JURISDICTION 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.
$:\0", DocumelllS\OrdinallceslO6\WhilC Cake Special Disu-ict PCliuoll.DOC
PASSED AND APPROVED this the / tJ ~day of C/I[ ~ ' 2006.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY~';dh \0, H,^V
\ -
APPROV D AS TO LEGAL FORM:
EDWIN M. SNYD , CITY ORNEY
BY:
c~~~
EULINE BROCK, MAYOR
Page 2 of2
Exhibit A
HUGHES I LUCE LLP
ATTORNEYS AND 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
Governing Body of the City of Denton (the Mayor and City Council)
cj 0 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
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 623-acre tract of land located wholly within the City's
extraterritorial jurisdiction and identified by metes and bounds in the Requests (the
"Propertv"): 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 Goverrunent Code Section 245,002(a)(2).
Sincerely,
~~~~
Melissa Lindelow
cc: Edwin Snyder, City Attorney of the City of Denton ~
White Cake Denton, L.P. cj 0 Kerry Scott
015815,00010:958365,01
REQUEST FOR CONSENT TO THE CREATION OF A FRESH WATER SUPPLY
DISTRICT IN THE CITY OF DENTON'S EXTRA TERRITORIAL 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, 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.
II.
The District shall be created and organized under the terms and provIsions of
Article XVI, Section 59, of the Constitution of Texas, Texas Local Government Code Section
42.042 and Texas Water Code Chapter 53, together with all amendments and additions thereto.
The District shall have all the rights, powers, privileges, authority, and functions conferred by
and be subject to all duties imposed by the Constitution of Texas, the Texas Local Government
Code, the Texas Water Code, and all general laws applicable to the District.
III.
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-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 a~ 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 fue-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
2
015815.00010,958217.0 I
District require the construction, acqulSltJ.on, maintenance, and operation of an adequate
waterworks system, sanitary sewer system, road system, and drainage and storm sewer system.
Vill.
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.
lX.
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 .D- 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: L f)~
J. Christopher DaGce, Manager
THE STATE OF TEXAS
COUNTY OF Ddla <;
s
s
s
This instrument was acknowledged before me on this the 11f4- 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
ofs . .
~~~r.~~;~,,~
.t.~1-\
\.~iJa.,\{~J
""i,""II\\1/'
JOANNE CRAIKER
No~ry Public, State of Texas
Y Commission Expires
February 02,2010
Public in and for
State of Texas
J
4
015815.00010:958217.01
Exhibit A
Metes and Bounds Description of the Propertv
DESCRIPTION
Tract 1
205.00 ACRES
All thal.certain tract of land situated in the John Morton Survey, Abstract Number 792, Denton
County, Texas, and 0 port of 0 called 643.298 acre tract of land. described in 0 deed from
Dan Reding, Trustee of the Mary Lou Reding Grontor Trust to Don Reding recorded in Volume
4454, Page 2090, Real Property Records of Denton County,. Texas, nnd being more particularly
described os follows:
CDMMENCING from a. pipe fence corner post at the recognized and occupied Northeast comer of
said Reding tract;
IHENCE South 00 Degrees 23 Minutes 08 Seconds East a distance of 1"175.51 feet to a coppep
iron rod found for a corner, and being the Point of Beginning of' tlie herein describeP tract and
being the Southwest "orner of Lot 1 Block One Nye Addition, on addition in said. County, os .
shown on the Plot thereof recorded in Cqbinet G Page 213 Plot Records Denton County, Texa~;;
THtNCE North 89 Degrees 24 Minutes 17 Seconds East 0 distance of 5.09 feet to 0 1/2" iron
rad found for comer;
THENCE' South 00 Degrees 01 Minutes 41 Seconds West continuing lNith the East line 0/ said
Reding tract along or near 0 fence 0 distance of 1229.76 feet to \I copped iron rod foUAd .for
the Southeast comer of the herein described tract;
THENCE South 89 Degrees 48 Minutes 35 Seconds West with 0 line parollel with the North line
of said Reding tract with 0 line severing said Reding tract 0 distance of 5200.28 feet to a
copped iron rod found in' the West line or said troct and the East right-of-way line of F.M.
Rood 2164 in 0 non-tangont curve to the left having. 0 radius of 1186.30 feet;
THENCE in 0 Northeasterly directiOn along the ore of said curve wilh the East right~of-way line
of said F.M. Rood on ore distance of 644..90 feet (chord 'beoring of North 16 Degrees 28
Minutes 45 Seconds East a. distance of 636.99 feet) to a copped i.on rod found for comer;
THENCE North 00 Degrees 54 Minutes 20 Seconds East with the East right-of-way line of said
F.M. ROOd 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 on addition in
said County, according to the PI~ thereof recorded in CQbinet G P<ige 150 Plat Records;
THENCE North 89 Degrees 46 Minutes 44 Seconds East with the South line of said Wild West
Addition and a North I1ne of said Reding tnict along or near 0 fer'ree a. distance of 1565.04
feet to 0 metal "t" P9st fence corner found for the Southeast corf1l!r 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 ttact alang or hear !J fence a di~tance of 1460.86 feet to a
capped iron rod found for the Northerly 'most Northwest corner. of <laid Reding tract;
THENCE North 89 Degrees 48 Minutes 35 Seconds. East with the North 'line thereof along or
near a fence 0 distance of 2690.63 feet to at copped. iron rod found at. the Northwest cprner
.of 0 2e acre tract sUrveyed under !he dir~tion and supervision of 'J.E. Thompson."n 7/18/05;
THENCE South 00 Degrees 23 Minutes 08 .Seconds Enst with .the W",t /ine thereof,. 0 distance
0/ 1175.51 file! to e copped. iron rod set for the Southwest comer of said 2D acre tr.,et;
THENCE North 89 Degrees 48 Minutes 35 Seconds East with the So~th line. thereof, a . distance
of 741.13 feet to the PlACE OF BEGINNING and endosing 2il5.oo a~res of land; more or less.
Exhibil A - Page 1
015815.00010:958217.01
DESCRIPTION
Tract 2
203.00 ACRES
All that certain troct of land situated in the John..Morton Survey. Abstract Number .792, and the
P. Yarbrough Survey, Abstract Number 1447, the ~. Norment Survey, Abstract" Number 965 and
the J.W. Jogoe Survey. Abstract Number 1640 Oenton County, Texas, and 0 part of 0 called
643.298 acre tract of land described in 0 deed from Don Reding, Trustee of the Mary Lou
Reding Grantor Trust to Don Reding recorded in Volume 4454, Page 2D90, Real Property
Records of Denton County, Texas, and being more particularly described. os follows:
BEGINNING for the Southeast comer of the tract bieing described herein at a. point at the base
of on old :fence corner post for 'the most Easterly Southeast comer 'of said Redislg troct and
being the recognized ond occupied Southeast comer of sqid Morton Survey;
THENCE North 86 Degrees 42 Minutes 20 Seconds West with the South line of said Morton
Survey and along or near 0 fence <1 dfs,tance of ~069.34 feet. to 0 point at the base of on old
fence comer post in the East line of said Yarbro~!lh Survey of 0 re-entrant comer of said
Reding tract;
'THENCIO South 86 Degrees 49 Minutes 33 Seconds West. with a line severing said Reding tract 0
distance of 4284.78 feet to 0 copped iran rod fdund in the West line of said Reding tract and
the East right-of-way line of F.M. Rood. 2164; .
THENCE in 0 general Northeasterly direction with' the Eost right-of-way line of soid F.M. Rood
the following 6 courses and distances;' .'.
1.) North 00 Degrees '14 Minutes 40 Seconds West 0 distance of 120.62 feet to 0 capped iron
rod found for the beginning of 0 curve to the ri9~t having a radius of 1076.30 feet;
2.) along the arc of said curve an Orc distance 'of 327.60 feet (chord bearing North 08
Degrees 28 Minutes 31 Seconds East 0 distance # 326.34 feet) to 0 copped iron rod found
for the end of said curve; ,
3.) North 05 Degrees 36 Minutes 52 'Seconds Eest 0 distance of 101.94 feet to 0 copped iron
rod set for the bel/inning of 0 non-tangant. curve: :to the right having a radius of 1101.30 feet;
4.) along the ore of said curve an arc distance' of 649.51 feet (chord bearing of North 39
Degrees 17 Minutes '35 Seconds East 0 dil!1:once Of '640.14 feet) to 0 copped iron rod found;
5.) North 56 Degrees 111vlinutes 20 Second!!' lOost a distance of 404.80 feet to a capped' iron
rod set for the beginning of a curve to the left l\>lYlng 0 radius of 1186.3Q feet;
6.) along the arc of ""id curve an orc distance. of 4~9.74: feet (chord bearing of North 44
Degrees 07 Minutes 15 Seconds East a distan<:e of 496.05 feet) to a copped ,iron rod' .fauna
for the ,Northwest corner of the herein described tmct; . .
THENCE Narth 89 Degrees 413 Minutes 35 Seconds East with ci line severing said' Rtlding tract a
distQnce of 5200.28 feet to a copped iron rod frond In .the Eost line of soid Reding tract and
said Morton Survey; .
THENCE
. fence 0
lalid.
South 00 1)egrees 01 Minutes 41. Second,\_ West with said East line along or near 0
distance of ~ 520.56 teet to .the PlACE Of BEGINNING and enclosing 203.~0 Qcres of
Exhibit A - Page 2
015815.00010:958217.01
DESCRIPTION
Tract :3
215.21 .ACIlE5-
All that 'certain tract of land situated in the P. Yarbrough Survey, Abstract Number 1447, Denton
County, Texas, and a port of a called 643.298 acre tract of land described in a delld' froln. .
Dan Reding, lrustee of the' Mdry l..ou Reding Grantor Trust to Oon Reding ~ilcorded in Volume
4454, Page 2090, Real Properly Records of Denton County, Texas, and being more porticuklrly
described . as follows: .
BEGINNING for the. Southwest comer of the tract being described h....ein at a capped il:'OO rod
found in the East right-o.f-wciy 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 said
F.M. Road along or near o.fence 0 distance of 1147.12 fellt to a copped iron rod found for
corner;
THENCE North 13 Degrees 47 ;Minutes ~9 Seconds (cst witb the East right-of-way line of S<)id
F.M. Road Q distance' of 1 ~.oa feet to 0 copped iron rod folJrid for corner;
THENCE North 00 Degrees 14.' Minutes 40 Seconds West continuing with the East riglit.,.of-woy
line' of said F.M. Road 0 distance of 830.48 feet to 0 copped iron rod fOUlld' for the Nor-t/1.ivest
comer of the herein described tract;
THENCE North 86 Degrees 49 Mi(lutes 33 Secohds East with a line severing said 'Reding 'tract 0
distance of 4284.78 feet to the base of on old fence comer post in the E:ast line of said
Survey;
THENCE South 00 Degrees 02, Minutes 21 Seconds West with said Survey line along or n(l'or 0
fence a distance. of 2296.05 leat to 0 fence comer post found for the' Solltheast comer of
soid Reding tract;
THENCE South 89 Degrees 44. Minutes 52 Seconds' West. with the South r.ne thereof oJ.On<] or
"ear 0 fence a distance of 4292.79 feet to the PlACE OF BEGINNING and' enclosing 2.15.21
acres of land.
Exhibit A - Page 3
015815.00010:958217.01
Exhibit B
Master Planned Community
f]i:r\:~'t.<
;to' .t'* ~1~"
~j:/.;,:it
<:^i."':'~;"W'
~~1,>..,.,"'4"
, , 1:,_;'<- . ,t.,~
.. "~'.J,~:.~;!
~~;
, :::j",
~:f::",;~~:;.,~,'~<' ,"
,'"-l;;~..::.-.:!
'-',:- . "'.;
.:: ..,~ ,"- . ;:.
:>Yf !':>'-~
",>,',JA1<
;,j,:,!~{~~
{~~~;;j{.
it~
:i~
i"
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 J 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.
I) 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
015815.000 10:958217.01
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
015815.00010:958217.0 I
Attachment I to Exhibit C
.'".
ei
! ~'I) I
~ !~
'I ',' ."j" - -:., - ~ --. ,',.,
II B.. I" -~ - ~ ::~., .', 1)}'-':}'
I" : ~'/-'-~ -=":, ~:. '; '. ':, ;:. "..: .
.:.....L..J- . '.::: -', ,
,
~ l~~'
x
~l"
- .
~~ .!l !I/l1 I
~g
~~ JjlM11 i
0_
~
a
I
.
....-.
- .-
-" .
,-
I ,,'
~~~-.-~~- :~~~~~~i~ ;~~. : ~(:: ~ ~'. t(I~H:
-:--;--- - n"-'o-__' "'. I )1'1" '_.-. \I"
~~f'~~~:';~?#;~'~::'~~;:~{~
!! '1. - '-"'V'---' ~_
,,' ~;::;;";Jf~~~~l~~
- ,- I
,~=:~{/.-;-:?~:.~- a'
:...:-:~.:._ .'... II
~~~.;.:;i~,: ;
-" .'
.-:'.- "'" ".
:--. '_.'
J
~.J .
'.'
. ,\', ~ . "
',.,,'
,./.
-""'- ....
~~5:)~~.,.
"J);".)~. .,.., ,.\ , ~
........~.;.. .~~\.~I t-
.~ -:~
..
,;"',
":',
,
..I
1.:
,
("
L,,,,,,,,-- -',
--- -~-.
-:-... :\'"
,
,
'-, -'Ii,"
. , r;)" .
" ...JC\l' ......
. (', ~
'-\
\ :~
. ','\
..\ (n
Ir
. ,J'--- __,-..___....._
/.' -J n_
..-.._.-..:.--1......-.-~--.- _''':''J \'
. ,"~~-:\)
.' ; {"":. - l' 'v-
I r , ...... '.'
i '~~(l'~~~~C;~-"
"--- ':
,----
---.::.....
'.
,.
,/
>
~.
'.
'-.
\
Attachmenl 1 Exhibit C - Page I
015815.000 10:958217.01
REQUEST FOR CONSENT TO THE CREATION OF A MUNICIPAL UTILITY
DISTRICT IN THE CITY OF DENTON'S EXTRATERRITORIAL JURISDICTION
THE STATE OF TEXAS
s
s
s
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 "citv") 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 provlSlons 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.
III.
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
I
015815.00010:958195.04
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 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-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 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.
IX.
A preliminary investigation has been made to determine the cost of the work proposed to
be done by the District, and Owner now estirnates, from such information as is available at this
time, that the cost of such work will be approximately $36,000,000.
X.
Owner requests consent to the creation of the District and the inclusion of the Property in
the District.
XI.
Section 42.042 of the Texas Local Government Code and Section 54.016 of the Texas
Water Code require the City's consent to the creation of the District, whether that consent be by
ordinance or resolution of the City or otherwise by operation of law under Section 42.042(c) of
the Texas Local Government Code and Section 54.016 of the Texas Water Code (the "Citv's
Consent"). This Request constitutes an application for a permit, which permit is the City's
Consent (a "Permit"). Under Section 42.042(d) of the Texas Local Government Code, the City's
Consent is an authorization to initiate proceedings to create the District as provided by law, and
this Request is a request for authorization that Owner must obtain to perform an action or
initiate, continue, or complete the Project for which the Permit is sought.
XII.
WHEREFORE, Owner respectfully prays that this request be in all things granted, and
that the City of Denton give its written consent to creation of the Reding Ranch Municipal Utility
District of Denton County and the inclusion of the Property in such District and for such other
orders, acts, procedure, and relief as are proper and necessary and appropriate to the purpose of
organizing the District and developing the Project.
3
015815.00010:958195.04
RESPECTFULLY SUBMITTED and effective this jL day of April, 2006.
"OWNER"
WHITE CAKE DENTON, L.P.,
a Texas limited partnership
White Cake Denton GP, LLC,
a Texas limited liability company,
its general partner
BY.J1f~Z~
THE STATE OF TEXAS
~
~
~
COUNTY OF f2, / / ~S
.
This instrument was acknowledged before me on this the I/*'-- day of April, 2006, by
J. Christopher Dance, the Manager of White Cake Denton GP, LLC, a Texas limited liability
company, the general partner of White Cake Denton, L.P., a Texas limited partnership, on behalf
of said entity.
..$~
~J::~l)
~,:~/;;,\~~$
"""11"\\
JOANNE CRAIKER
Notary Public, State of Texas
My Commission ExpIres
February 02,2010
~~.
Public in and for
e State of Texas
4
015815.00010:958195.04
Exhibit A
Metes and Bounds Description of the Propertv
DESCRIPTION,
Tract 1
205.00 ACRES
AIl that. .certoin tract of land situated in the John Morton Survey, Abstract Number 792, Denton
County, TexlIs, and a part of a called 643.298 acre tract of land, described in a deed from
Dan Rllding, Trustlle of thll Mary Lou Reding Grantor Trust to Dan Reding recorded in Volume
4454, Page 2090, Real Property Records of Denton County,- Texas, bnd being more particularly
described os follows:
COMMENCING from 0, pipe fence corner post at the recognized and occupied Northeast comer of
said Reding tract;
THENCE South DO Degrees 23 Minutes 68 Seconds East a distance of 1'175.51 feet to a cappep
iron rad found for 0 corner, and being the Point of Beginning of' the herein describep tract and
being the Southwest 90mer of Lot 1 Block One Nye Addition, on addition in soi6 County, os -
shown on the Plat thereof recorded in Cabinet G Poge 213 Plot Records Denton County, Texa~;;
THtNCE 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 DO 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 1I capped iron rod folU>d -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
capped iron rod found in - the West line aT said tract and the East right-of-way line of F.M.
Road 2164 in 0 non-tangant curve to the left having, 0 radius of 1186.30 feet;
THENCE !n a Northeasterly directiOn along the arc of said curve with the East right~of-woy line
of said r.M. Road on 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 copped i.on rod found for comer;
THENCE North 00 Degrees 54 Minutes 20 Seconds East with the East right-of-way line of said
F.M. Roo~ 0 distance .of 333.40 feet to 0 capped iron rod found the most Westerly Northwest
comer of said Reding tract. being the- Southwest comer of Wild West Addition on addition in
said County, according to the Plat. thereof recorded in C9binet G pqge 150 Plat Records;
THENCE North 89 Degrees '46 Minutes 44 Seconds Eos\ with the So...th line of said Wild West
Addition and 0 North line of said Redin<;j t"ict along or nBOr a ferlce a distance of 1565.04
feet to 0 metal .t. PQst fence corner found tor the Southeast earlier of said Addition;
THENCE' North 00 Degrees 12 Minutes 04 Seconds East with the Eaat line thereof, and .the rnost
Northerly West line of said Reding tract along or hear 0 fence 0 di~tonce of 1480.56 feet to a
capped iron rod found for the Northerly 'most Northwest carner _ of liOid Redin!! tract;
THENCE North 89 Degrees 48 Minutes 35 Seconds - East with the North 'line thereof along or
near 0 fence 0 distance of 2690.63 feet te;> at copped _ iron rod fOUlld at. the Northwest C9mer
'of 0 20 acre troct sUrveyed under !he dire<;:tion and supeNision of -J.E. Thompson 'On 7/18/05;
THENCE South 00 Degrees 23 Minutes 08 .Seconds Enst with .the W",t line thereaf,. 0 distance
of 1175.51 feet to C3 copped, iron rod set far the Southwest comer of said 20 ocre tr!let;
THENCE North 89 Degrees 48 Minutes 35 Seconds East with the South nne' thereaf, a, distance of 741.13 feet to the PlACE OF BEGINNING and enclosing 205.00 a~res of land; more or less.
Exhibit A - Page I
0158 ]5,00010:958] 95.04
DESCRIPTION
Tract 2
203.00 ACRES
All that certain tract of land situated in the J9hn,.Morton Survey, Abstroct Number .792, and the
P. Yarbrough Survey, Abstract Number 1447, the ~. Norment Survey, Abstract' Number 965 and
the J.Vf. Jogoe Survey. Abstract Number 1640 Denton County, Texas, and a port of 0 called
643.298 acre tract of fond described in a deed from Dan Redirig, Trustee of the Mary Lou
Reding Gra~tor Trust to Don Reding rec;orded in Volume 4454, Page 2090, Real Property
Records at Denton County, Texas, ond being more particularly described. os follows:
BEGINNING for the Southeast comer of the tract blling described herein at o. point at the base
of on old :fence corner post for .the most Easterly Southeast comer 'at said Reding tract and
being the recognized and occupied Southeost comer at soid Morton Survey;
THENCE North 86 Degrees 42 Minutes 20 SeCOllds West with the South line of soid Morton
Survey and 010119 or near 0 fence -a distance at ~069.34 feet' to a point at the base at an old
fence comer post in the East line of said Yarbro~ilh Survey of a re-entrant comer of said
Reding tract; .
,THENCE South 86 Degrees 49 Minutes 33 Seconds West. with 0 line severing said Reding tract 0
distOflce of 4284.78 feet to a copped iron roo fdllnd in the' West line of said Reding troct and
the East right-ot-woy line of F.M. Rood, 2164; .
THENCE in a general Northeasterly direction with' the Eost right-ot-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 0 capped iron
rod found for the beginning of a curve to the rig~t having a radius at 1076.30 feet;
2.) olong the arc of soid curve an oro distance of 327.60 feet (chord bearing North 08
Degrees 28 Minutes 31 Seconds East 0 distonce .pi' 326.34 feet) to 0 copped 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 0 copped iron
rod set for the beginning of a non-tongant curvei :to the right hoving a radius of 1101.30 feet;
4.) along the arc of said curve on arc dlstance"f 649.51 feet (chord bearing of North 39
Degrees 17 Minutes '35 Seconds East a dil!tanceCf '640.14 feet) to a copped iron rod found;
5.) North 56 Degrees 11 'Minutes 20 Second,,' ,East (1 distance of 404.80 feet to a copped- iron
rod set for the beginning of a curve to the left ~pving a radius of 1186.3Q feet;
, 6.) along the arc of said curve on 'arc distance, at 499.74.' feet (chord bearing of North 44
Degrees 07 Minutes 15 Seconds East a distance of 496.05 feet) to a copped .iron Tod' .found
for the .Northwest comer of the herein describe'd troct; . .
THENCE North 89 Degrees 48 Minutes 35 Seconds East with ci line severing said' Reding tract a
distonce of 5200.28 feet to a copped iron rod trond In .the Eost line of said Redill9 tract ond
said Morton SUn(ey; .
'THENCE South 00 1)egrees 01 Minutes 41. Second~, West with said East line alon9 or near (]
,fence a distance of l520.56 teet to ,the PIJ\CE Of BEGINNING and enclosing 203A)O acres at
laod. '
Exhibit A - Page 2
015815.00010:958 J 95.04
DESCRIPTION
T roct 3
215.21 .ACRES'
All that 'certoin tract of land situated In ~he P. Yarbrough Survey, Abstnoct Number 1447'. Denton
County, Texas, and 0 port of 0 called 643.298 acre tract of lond described in 0 deed' fraln.'
Don Reding, Trustee of the Mary Lou' Reding Grantor Trust to Don Rilding recorded in Volume
4454, Page 2090, Redl Property Records of Denton County, Texas, and being more particularly
described 'os follows: '
BEGINNING for the. Southwest ~omer of the tract being described herein at 0 capped iron rod
found in the Eost right-o,f-wciy fine of F.M. Rood 2164 at the Southwest comer of said Reding
tract;
THENCE North 00 Degrees 14 t.IInutes 44 Seconds West with the East right'"'of-wciy line of said
F.M, Rood along or near a.fence 0 distance of 1147.12 felit to 0 copped irein rod found for.
corner;
THENCE North 13 Degrees 47 ;Minutes ~p Seconds East with the East right-of-way line 6f S<)id
F.M. Road 0 distance' of 10:5.08 feet to 0 copped irM rod foLlricl for corner;
THENCE North 00 Oegrees 14.' Minutes 40 Seconds West continUing with the East right.,.of-Wciy
line' of said F.M. Rood 0 distance of 830.48 feet to 0 copped iron rQd fou!)d' for tl>le Nar.tl1.ivest
comer of the herein described tract;
THENCE North 86 Degrees 49 Minutes 33 SecDhd" East with 0 line severing said 'Reding 'troct Q
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 n<j'ar 0
fence 0 distance of 2296.05 feet to 0 fence comer post found for the' Solltheast comer of
said Reding tract;
THENCE South 89 Degrees 44. Minutes 52 Seconds' West, with the South tlne thereof oI.ong or
near 0 fence a distance of 4292.79 feet to the PLACE OF BEGINNlNG and' enclosing 2.15.21
acres of land.
Exhibit A - Page 3
015815.00010:958195.04
Exhibit B
Master Planned Community
f~~~t.::?lf'
:.:;~~;,]~U
~~r:;[A~f
it,.';;.:..~,;!;;_'~
1?
I~.~;j,,:/:"I
.: ,i\L,>, :il3
~1~~"- ~~tJ!
::l1L:-Jr,t.'
~~lA8'
!}.t\~~
"~'~h.:!>r_.
J>;.,
;~;~lgr?}
~t~,'-"."...
.,
if.
i!~
Exhibit B - Page I
015815.00010:958195,04
Exhibit C
Plan for Deyelooment of the Prooerty
Plan for Development. The Property shall be deyeloped in accordance with Attachment 1 to
this Exhibit C and the deyelopment standards set forth in this paragraph and in subparagraphs 1_
9 below (collectiyely, the "Plan for Deyelooment"), 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 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
deyeloper 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 ~1l!lb6-deemed""'~~'
non-materiaL In the preceding sentence, the terms "orders, regulations, ordinances, rules,
expiration dates, or other properly adopted requirements in effect" shall haye 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.
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 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 i'':iiftiitif~ly 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 I
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 ETJ of the City; therefore, municipal zoning regulations do not apply to the development
of the Property.
Exhibi1 C - Page 2
015815.00010:958195.04
Attachment 1 to Exhibit C
I~i '. ,
~'l i'l ..,..../..--.
~ a I': ..~:~.i./:;.~:~ f?'
..:...J.......L.. .
./ ~
~
~~
1ft ~I
-[I !flll I
All ~,ill i
~,
i
f
'. i
:.~=-;~/}:~(:- ~
~~~:~:~~~....-.., ;
.~.~:.~~~~.~
. ;.~ .
t~ \
----L
J
-~. ,.,.
'. -.......
.:.....-:-...
,.
d
'~fi~~j0\~~1,;
" . I ".'" ._,.\., r.,'':'. ._~:...
; . , t >i :~'. ....(..v.. ..,.~- _ ..~ ..' "u ,'.
· .~:' '.~/8~li!~fffi;~0;::f;l~~
. ! . ,,/ J - _' ~'. ,"
I: ..' _ _..- "
.'
-.'
>\.
'.
. .-
.-... .
.' .. .-::.:.~
. >~.~k~:::
.-'
;j.~~--='.~:: "' - -.! I
~..:?~:..<(...(\
...-.~... " ,..
~~!;(;~:.:~F<,.\'.:~
.'JI'.'" ,," "', ~
", '. ;t. ,.:,,' . . ~~\ I
. .. J
"":'.'-l :-.
~. "
"
;'~'.
"
..1
~
":Ir'
....."--
/.-
j '~~~~~.:".
;' Il . .t~:;~.
"
I':::-~-:--: .'
j ...-....-.
--
..
I
..
i
,/
,
---_.'":::-
~ .' .
("
L - .
..~~.-.
, \'.
,
,
'-, ~;
\ -'Ii
" ,.J[II"
" (~
""\
'':.
"\ .
'J
.......
\
-.,;:,~'-:':--,. ....,-. . =;-
'. . '. -:::._.. _' :"1 ::
'.\~~':,)
r '. {"'\.:. ~ 1 r ,!/"
~ ......, '".
f
"I
;,:
,
'.
~..
. (
.-.\'..
Attachment 1 to Exhibit C - Page 1
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
s
s
s
COUNTY OF DENTON
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF DENTON,
TEXAS:
The undersigned, WHITE CAKE DENTON, LP. (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 "Citv") 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 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.
11.
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.
1IL
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
015815.000 10.958237 .02
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 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-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 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 fIfe-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
2
015815.000100958237.02
District require the construction, acqmsll1on, 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 $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
"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 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.
3
015815.00010:958237.02
RESPECTFULLY SUBMITTED and effective this Jl 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
tL:-7)~
By:
J. Christopher Dance, Manager
THE STATE OF TEXAS
COUNTY OF 0:1/ Ie, s
~
~
~
This instrument was acknowledged before me on this the II fit... 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.
,\'~~~t..",
~.~,. "',.
~..,'O., .......~
~ :: j.. ~
~..... _.1
~,.il"\\"\$
"...,.:~,,\\~
JOANNE CRAIKER
Notary Public, State of Texas
My Commis.lon Expires
February 02, 2010
~.
4
015815.000 1 0:958237.02
Exhibit A
Metes and Bounds Description of the Propertv
DESCRIPTION
Tract 1
205.00 ACRES
All that . certain tract of lond situated in the John Morton Survey. Abstract Number 792, Denton
County. Texas, and a part of 0 called 643.29B acre tract of land. cjescribed in a deed from
Dan Rflding, Trustee of the Mary Lou Reding Grantor Trust to Don Reding recorded in Volume
4454, Page 2090, Real Property Records of Denton County,. Texas, bnd being more porticularly
described as follows:
COMMENCING from a. pipe fence corner post at the recognized and occupied Northeast corner of
said Reding tract;
THENCE South DO Degrees 23 Minutes DB Seconds East a distance of n 75.51 feet to 0 cappep
iron rod found for 0 corner, and being the Point of Beginning of tlie herein described tract and
being the Southwest yamer 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, Texa~;;
THtNCE 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 DO Degrees 01 Minutes 41 Seconds West continuing !fiith the East line of said
Reding tract along or near a fence a distance of 1229.76 feet to \I capped iron rod foUAd .for
the Southeast corner of the herein described tract;
THENCE South 89 Degrees 48 Minutes 35 Seconds West with a line parallel with the North line
of soid Reding tract with a line severing soid Reding tract a distance of 5200.28 feet to 0
capped iron rod found in' the West line of said tract and the East right-of-way line of F.M.
Rood 2164 in 0 non-tangant curve to the left having. Q radius of 1186.30 feet;
THENCE !n Q Northeasterly directiOn along the ore 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 0 capped i~on rod found far 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 0 copped iron rod found the most Westerly Northwest
comer of said Reding tract. being the Southwest comer of Wild West Addition an addition in
sail'! County, according to the Plat. thereof recorded in Cpbinet G pqge 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 troct along or neor a fence a distance of 1565.04
feet to a metal "t" P9st fence comer found far the Southeast cor",r 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 ttact along or neci.r 0 feilCe 0 distance of 1480.86 feet to a
copped iron rod found far the Northerly 'mosl Northwest corner. of :laid Reding tract;
THENCE North 89 Degrees 48 Minutes 35 Seconds. East with the North 'line thereof alang or
near a fence a distance of 2690.63 feet t9 at capped. iron rod fO\JTId at. the Northwest c.omer
'of 0 20 acre Iract slJfVeyed under ~he direction and supervision of 'J.E. Thompson-an 7/18/05;
THENCE South 00 Degrees 23 Minutes 08 .Seconds Enst with .the W",t line thereaf,. a distance
of 1175.51 feet to '" capped' iron rod set for the Southwest comer of said 20 acre tr!let;
THENCE North 89 Degrees 48 Minutes 35 Seconds E06t with the Sollih ~ne' thereof, a. distance
of 741.13 feet to the PlACE OF BEGINNING ond enclosing 205.00 a~res 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 J9hn J.wrtan Survey. Abstract Number .792. and the
P. Yarbrough Survey, Abstract Number 1447, the '1(. Norment Survey. Abstract. Number 965 and
the J.'If. Jagoe Survey, Abstract Number 1640 Denton County, Texas. and 0 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, Rea' Praperty
Records of Denton County, Texas. and being more particularly described. as follows:
BEGINNING for the Southeast comer of the tract b!;ling described herein at a. point at the base
at an old ~fence corner post for 'the most Easterly Southeast comer 'of said Reding tract and
being the recognized and occupied Southeast comer of sqid 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 .o dIstance of ~069.34 feet. to 0 point at the base of an old
fence comer post in the East line of said Yarbro~gh Survey of a re-entrant corner of said
Reding tract; .
. THENCJ: South 86 Degrees 49 Minutes 33 Seconds West. with a line severing said Reding tract a
distance of 4284.78 feet to 0 capped iran rod fd.lnd in the West line of said Reding tract and
the East right-at-way line at F.I.A. Road. 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 iran
rod found for the beginning of a curve to the rigr,t having a radius of 1076.30 feet;
2.) along the arc at said curve an aro distance of 327.60 feet (Chord bearing North 08
Degrees 28 Minutes 31 Seconds East a distance # 326.34 feet) to a capped iron rod found
for the end of said curve; .
3.) North 05 Degrees 36 Minutes 52 'Seconds E~st a distance of 101.94 feet to a capped iron
rod set for the beginning of a non-tang ant. curve> :to the right havin9 a radius of 1101..30 feet;
4.) along the arc of said curve an arc distance:,f 649.51 feet (chord bearing of North 39
Degrees 17 Minotas '35 Seconds East a distance Of '640.14 feet) to a copped iron rod found;
5.) North 56 Degrees 11 'Minutes 20 Second!!' "est a distance of 404.80 feet to a capped- iron
rod set for the beginning of a curve to the left l1Pvlng a radius of 1186.30 feet;
6.) along the arc of said curve an ore distance.ot 499.74.' (eet (chord bearin9 of North 44
Degrees 07 Minutes 15 Seconds East a distant;e of 496.05 feet) to' a copped .iron rod' .found
for the ,Northwest corner of the herein described tRlct; .
THENCE Narth 89 Degrees 4ll Minutes 35 Seconds East with Ii line severing said' Reding tract a
distance of 5200.28 feet to a copped iron rod frond In .the East line of said Reding tract and
said Morton Survey; .
'THENCE South 00 j)egrees 01 Minutes 41. Second~. West with said East line alang or near ..
. fence a distance .of 152.0.56 teet to .the PLACE OF BEGINNING and enclosing 203.00 acres of
laod. .
Exhibit A - Page 2
015815.00010:958237.02
DESCRIPTION
Tract .'3
215.21 ,ACRES-
All that 'certain !tact of land situated in ~he P. Yarbrough Survey, Abstract Number 1447', Oenton
County, Texas, and a part of a called 643.298 acre tract of land described in a deed' frain,'
Dan Reding, Trustee of the - Mary I-.ou Reding Grantor Trust to Oan Reding recorded in Volume
4454, Poge 2090, Reol Property Records of Denton County, Texas, and being more pCll'ticularly
described 'as follows; ,
BECINNING far the, Southwest comer of the tract being described herein at <I copped i~ rod
found in the East right-of-way fine of F.M. Rood 2164 at the Southwest comer of said Reding
tract;
THENCE North 00 Degrees 14 I.f/nutes 44 Seconds West with the East nght':"of-way line of said
F.M. Road along or near a ,fence 0 distance of 1147.12 fecit to a capped iron rod found far
corner;
THENCE North 13 Degrees 47 Minutes 30 Seconds East with the East right-of-way line of S<)id
F.M. Rood a distance' of 10:5.da feet to" a capped iran rad folJrid for corner;
THENCE North 00 Oegrees 14.' Minutes 40 Seconds West continuing with the East right.,..of-woy
line' of said F.M. Rood a distance of 830.48 feet to a capped iron rod fOUlld' for the Nor-t/'tWest
comer of the herein described tract;
THENCE, North 86 Degrees 49 Minutes 33 Second'! East ....ith a line s~vering 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, l.Ainutes 21 Sjlconds West with said Survey lin-e along or n$'ar a
fence 0 distance, of 2296.05 feet to a fence comer post found for the' So(ftheaSt comer of
said Reding tract;
THENCE South 89 Degrees 44, Minutes 52 Seconds West, with the South r.n:e thereof al,Onq or
near a fence a distance of 4292.79 feet to the PLACE OF BEGINNING and' <!nclosing 2'15.21
acres of land,
Exhibit A - Page 3
0] 58]5,(]()O]Oo958237,02
Exhibit B
Master Planned Community
Exhibit B - Page I
0] 58] 5.000] 0.958237.02
Exhibit C
Plan for Deyelopment of the Property
Plan for Development. The Property shall be deyeloped in accordance with Attachment 1 to
this Exhibit C and the deyelopment 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
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 Development shall remain in full force and effect. To
the extent that the plan on Attachment 1 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 haye the meaning
attributed to those terms under Section 245.002 of the Texas Local Goyemment Code. Defined
terms in this Exhibit C shall haye the same meaning they haye in the body of this Request.
I) 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; howeyer, such lot sizes may be decreased by an amount
not to exceed twenty-fiye 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; howeyer, 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 Coyerage.
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 coyerage requirements.
b) The maximum lot coyerage requirement for a single family or duplex use shall be eighty
percent (80%). There is no minimum lot coyerage requirement, or any other lot coyerage
requirement, for a single family or duplex use. Lot coyerage shall be measured using
only the building footprint of the principal residential structure on a lot.
Exhibit C - Page]
o 15815.()()()1 0:958237.02
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) ProPertv 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
OJ 5815.0001 0:958237 .02
! )
j!; .......", . ~ .
~ i ,''' 'i . .:-;~
e a ~;. ..:.::',~~.~~ ~~':';
'. ~
. 'j), !
~/""":";"'--L.~
. .
.'
i l::',~~,:,::"
'.
. .~.
.,', "
'.
."..-..
, I
J
-,
.'
~" ...
l\4~,;{:~,
"J):"'.:,.,:".\ ..~~
, '.. """,;.: . . ~ ~-: I ~.
'.\
"";-."l.,
c.
.:'..... ..
~.,
\
/-~:
/
I
..
I
,
1.:
,
('.
G__
".. --:::....,:-.
. \,
. \ '"
Attachment I to Exhibit C
./ -:
,
,1/'
,-'
>
,
,
....., -" ~
'. \ ~..Jr=\) I. J '':.
_ l( v".
'\
'.
,-
-.
"\ .
- ':1
-\ (--"
" I . .
-:~ !!
. !
. . .
. ,
'--'1
. .' r
('-""'\_-
/.'
---.
I
Attachment J to Exhibit C - Page 1
~
<
~~
it
~~
;!
y~
~
c
IJ
jH~.
.11"'11 I
J JJ 51ill I
f
t
l
:~:::~.2/-'-~:Y:~~:. 1
-'.' --- - ~
../".--
..-' , -":.:< 2
:=~~~~~~:~:- !
: ::-~.~ - - -- - - ~.~..\
.~'- -.
:;"'-.
--.'
~ ....::.::...-
':', ~...: ,\.;:~.~:;~i
;,1\/.\
, '., .~.
". .....
~
, , .~~~:~~.:. . ~
: '':'-I-~':''
:' l . .{~: ~~.
-'----
J-.......-...
1 ".
--.;....~.~:- _I"':~'-::: '~.. _":.", cz;-
"-. '\
""~~':\)
I. Z"~ - 1 f v-
, ~ .
-,
f
015815.00010:958237.02