HomeMy WebLinkAboutResolution 3560-12-2007RESOLUTION NO 3560-12-200'7
A RESOLUTION CONSENTING TO THE CREATION OF A
MUNICIPAL UTILITY DISTRICT ENCOMPASSING
APPROXIMATELY 380.316 ACRES IN PARKER COUNTY, TEXAS, TO
BE KNOWN AS "MORNINGSTAR RANCH MUNICIPAL UTILITY
DISTRICT NO 1 OF PARKER COUNTY"; AND AUTHORIZING THE
CITY MANAGER TO EXECUTE THE "AGREEMENT CONCERNING
CREATION AND OPERATION OF MORNINGSTAR RANCH
MUNICIPAL UTILITY DISTRICT NO 1 OF PARKER COUNTY"
WHEREAS effective May 3 2005 the Crty of Fort Worth (the `C~") adopted a Policy
Concerning Creation of Conservation and Reclamation Distracts (the `Creation Polncy") and
WHEREAS, WYA The Ranch at Mary's Creek, Ltd., a Texas lnmrted partnership
("Owner") has petitioned the City to obtain the City's consent to creation of Morningstar Ranch
Munncnpal Utility District No 1 of Parker County encompassing an approximately 380.316-acre
tract of land m Parker County Texas, m the City's extraterntornal ~urnsdnctnon, as shown on
Exhibit A and described m Exhibit B attached hereto (the `Pro e . ") and
WHEREAS, the City and Owner have negotiated the terms of the Agreement
Concerning Creation and Operation of Morningstar Ranch Municipal Utility District No 1 of
Parker County" (the `Consent Agreement") attached hereto as Exhibit C, and
WHEREAS, following its revnew of the Creation Policy and the Consent Agreement, the
Cnty Councnl desnres to adopt this Resolution, which consents to creation of a munncnpal utility
dnstract and to such dnstnct obtaining road powers by actnon of the Texas Legislature or the Texas
Commnssnon on Envnronmental Quality ("TCEQ"), subject to the terms of the Consent
Agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS
1
That the Crty Councnl consents to the creation of MornmgStar Ranch Municipal Utility
Distract No 1 of Parker County (the `Distract") by the TCEQ, subject to the terms and condrtnons
set forth nn the Consent Agreement.
2.
That, m the alternative, the Cnty Councnl consents to the creation of MornmgStar Ranch
Municipal Utility Dnstract No 1 of Parker County by the Texas Legislature, subject to the terms
and conditions set forth in the Consent Agreement.
Morningstar Ranch MUD No 1
Final Consent Resolution
Page 1
RESOLUTION NO 3560-12-2007
3
That the Crty Council consents to the District obtatmng road powers by action of the
Texas Legislature or the TCEQ, subject to the terms and conditions set forth to the Consent
Agreement.
4
That the City Manager or a designee is authorized to execute the Agreement Concermng
Creation and Operation of MorrungStar Ranch Mumctpal Utility Distract No 1 of Parker
County" attached hereto as Exhibit C, and the City Secretary is authorized to attest such
execution for and on behalf of the City m multiple counterparts.
5
That rt is officially found and determined that this meeting of the City Council s open to
the: public as required by law and that written notice of the date, hour place and subject of the
meeting was posted at least seventy two hours before the meeting as required by law
6
That this Resolution and the Consent Agreement shall supersede any prior resolutions or
agreements regarding the City's consent to creation of the District.
,~~ ~'u~,
~.A`dopted~the"4th~daysof December, 2007 APPROVED
~, ~ _ ~ ~~_ ~ ~ ~~~~ ~--, CITY COUNCIL
Marty I~endrix/ u rr
.~
City Se ~etary ; ~~.,,~.
a ~ ~ ~~~~
:inc. T,yu
~A~~
DEC 0 4 2007
City Saczet ~
City of Fort ~'''acrz44s„ 1'e
Morningstar Ranch MUD No 1
Final Consent Resolution
Page 2
RIESOLUTION NO 3560-12-2007
Exhibit A
Map of Property
MUD NO 2
MUD N0. 1
MUD N0. 2
MUD NO. 1
?i
~
~i
'G ~
2 20 MUD 1=380.316 AC
'
°~ '
MUD 2 = 356 829 AC
w
..~
N
M
w
MUD NO. 2
MUD NO. 1
OLD WEATHERFORD ROAD
N
MAP OF THE
WE
PROPERTY
S
c~ so.g..,
EXHIBIT
~~~. ~ A
_ 10B # 014574 DATE: 8.27.07 DRAWN: J5T DESIGNED:
nrra_... , n, .z~r _ ~..~~ ., .~
wvivii~ na~~~n cxn DYr 02007 Corter Burgess,
MolningStar Ranch MUD No 1
Exhibit A to Final Consent Resolution Page 1
Error! Unknown document property name.
RESOLUTION NO 3560-12-2007
Exhibit B
Legal Description of Property
LEGAL DESCRIPTION
.Morningstar RANCFI MUD No.l
BEING situated in the M. S. Teeter.Survey Abstract No. 2070, the J 1Vlorris Survey Abstract
No. 937 the P J McClary Survey Abstract No. 907 and. the W Cagle Survey Abstract No.
2373., Parker County, Texas and being a portion of that tract of land as descnbed by deed to
WYA THE RANCH AT MARY'S CREEK, LTD and recorded in Book 2463, Page 61.8, Deed
Records, Parker County Texas, .and being more particularly described by metes and bounds as
follows:
COMMENCING at'a fence post found at the northeast. corner of said WYA THE RANCH AT
MARY'S CREEK, LTD tract;
THENCE along the easterly line of said'WAY'I'HE:RANCH AT MARY'S CREEK, LTD
tract, the: following bearings and distances:
S 00°22'37"W 354 77 feet to the POINT OF BEGINNING;
S 00°22'37"W 1457.92 feet along the easterly line of said WYA THE RANCH AT
MARY'S CREEK,. LTD tract to a fence post found;
S 89°34 41 "W 2076.82 feet continuing along said easterly line to a fence post found;
S 00°42'02'x, 4816.76 feet continuing along said easterly line to a fence post found;
THENCE along.the southerly line of said WYA'THE RANCH AT MARY'S CREEK, LTD
.tract, the following bearings and distances:
N 68°49'42''W 339.65 feet to a fence post found;
N 78°11'08"W 384.05 feetto a fence post found;
S 78°46'55"W 295 49 feet to a fence post~'ound;
S 72°37'24"VJ 627 49-feet to a fence post found;
S 83°49'48"W 239.95 feet;
N 81°33'35"W 83.79 feet;
N 62°10'16"W 178.76 feet;
N 81°40'37"W 529.57 feet to a fence post found;
C&B Job No. 014367:010.001.0447
J:VOB\01457401\SUR\WP\L,EG~4754 EXmudl.doc September 04, 2007
Page 1 of 7
MorrningStar Ranch MUD No 1
Exhibit B to Final Consent Resolution Page 1
Error! Unknown document property name.
RESOLUTION NO 3560-12-2007
N 89°26'43"W 1437.01 feet to a TXDOT monument found, the southwest comer of said
WYA THE RANCH AT MARY'S CREEK, LTD. tract;
THENCE along the westerly line of sud WYA THE RANCH AT MARY' S CREEK, .LTD.
tract, the following bearings and distances:
N 44°45'58"W 71.58 feet to a TXDOT monument found;
N 00°32'56"W 562.53 feet;
THENCE N 85°48'15"E, 1514.69 feet;
THENCE N 87°09'53"E, 46.34 feet;
THENCE S 86°27'16"E, 95.53 feet;
THENCE S 78°05'25"E, 94.26 feet;
THENCE S 70°49'05"E, 106:81 feet;
THENCE S 19°59'58"W 1.19' 12 feet to the beginning of a curve to the left;
THENCE with said curve to the left, an arc distance of 104..46 feet, through a central angle of
1 I °1 T33" having. a radius of 530:00 feet, the long chord of which bears S 14°21 11"W 104.29
feet;
THENCE S 08°42'25"W 137.06 feet;
THENCE 5 81 °59'04"E, 494.11 feet;
THENCE N 47°38'34"E, 190.28 feet;
THENCE N 30°03'08"E, 137 47 feet;
THENCE N OS°39'40'T, 22:14 feet to the beginning of anon-tangent curve to the left;
THENCE with said. non-tangent curve to the left, an arc distance of 113.1.1 feet, through a
central angle of 129°36'59" having a radius of 50.00 feet, the long, chord of which bears
N 00°26'49'B, 90.49 feet to the beginning of a revetse curve to the right;
THENCE with said.reverse curve to the right, an arc distance of 14 10 feet, through a central
angle of 16°09'31 having a radius of 50.00 feet, the long chord of which bears N 56°16'54"W
14:05 feet;
THENCE N 75°23'58"E, 157.00 feet;
C&cB Job No. 01436.7.010.001 0447
J•UOB\014574014SUR\WP~L,EGk1754_EXmudl.doc September 04, 2007
Page 2 of 7
Morningstar Ranch MUD No 1
Exhibit B to Final Consent Resolution Page 2
Error! Unknown document property name.
RESOLUTION NO 3560-12-2007
THENCE N 83°24 16"E, 350.00 feet;
THENCE N 06°35'44"W 110.00 feet;
THENCE N 83°24 16"E, 15.U0 feet;
THENCE N 06°35 44"W 1400.02 feet;
THENCE S 83°24 51"W 55.99 feet;
THENCE N OS°40'.55"W 127 64 feet;
THENCE N 65°08' 10"W 31.87 feet;.
THENCE N 65°08 10"W 239.34 feet;
THENCE S 65°00'30"W 131.35 feet;
THENCE S 69°16'09"W 168.18. feet;
THENCE N 24°50' 19"W 1167 78 feet;
THENCE S 65°09'41"W 310.00 feet;
THENCE N 24°50' 19"W 405.32 feet;
THENCE N 16°10'32"W 171:96 feet;
THENCE N 07°53'29"W 230.1U feet;
THENCE S 86°17'21"W 96.81 feet;
THENCE N 23°02' 17"W 84.57 feet;
THENCE S 69°39'33"W 180.0.1 feet;
THENCE S 57°44 58"W 461.86 feet;
THENCE S 70°49'02"W 45.68 feet;
THENCE S 71°34'26"W 96.53 feet;:
THENCE S 87°04 13"W 50.05 feet;
THENCE N 89°57'22"W 198.26 feet to the beginning of anon-tangent curve to the left;.
C&B Job No. 014367 010.001.0447
J•VOB\01457401\.SUR\WP\L,EG\4754_EXmudl:doc September 04, 2007
Page 3 of 7
Morningstar Ranch MUD No. 1
Exhibit B to Final Consent Resolution Page 3
Error! Unknown document property name.
RESOLUTION NO 3560-12-2007
THENCE with said non-tangent curve to the left, :an arc distance of 203.73 feet, through a
central angle of QS°38'47" having a radius of 1350 00 feet, the long chord o..f which bears
N 14°06'1.1"W 203.53 feet;
THENCE N 18°25'34"W 1160.38 feet to the beginning of a curve to the right;
THENCE with said curve to the right, an arc distance of 48.09 feet, through a central angle of
Ol °.37' 15" having.a radius of 1699.86 feet, the long chord of which.bears N 17°35 43"W 48.09
feet;
THENCE N 89°50'00"E, 545.85 feet;
THENCE N 89°50'00"E, 154.99 feet;
THENCE N 89°29'09"E, 135.00 feet;
THENCE N 76°42'29'B, 46.11 feet;
THENCE N 89°38'35"E, 133.71 feet;
THENCE 5.83°40'51"E, 42.67 feet;
THENCE:S 77°04 10"E, 42.67 feet;
THENCE S 70°26'11"E, 42:95 feet;
THENCE N 22°14 49"E, 105.02 feet;
THENCE S 67°45' 11'B, 301 10 feet to the beginning: of anon-tangent curve to the left;
THENCE with said non-tangent curve to the left, an arc distance of 113:92 feet, through. a
central angle of 130°32'26" having a radius of 50.00 feet, the long chord of which bears
N 77°09'43"E, 90:83 feet;
THENCE N 22°14 49"E, 97 79 feet;
THENCE S 67°45'11"E, 330.00 feet;
THENCE S 59°23 48"E, 173.98 feet;
THENCE S 32°50'28"E, 139:36 feet;
THENCE S 43°24'57"E, 90.41 feet;
THENCE N 41 °06'S6'T, 1.12.29 feet to the beginning ofanon-tangent curve .to the left;
C&B Job No. 014367.010.001.0447
J•UOB\01457401~SUR\WP\LEGW754_EXmudl.doc September 04, 2007
Page 4 of 7
Morningstar Ranch MUD No 1
Exhibit B to Final Consent Resolution Page 4
Error! Unknown document property name.
RIESOLUTION NO 3560-12-2007
THENCE with said non-tangent curve to the left, an.arc distance of 94 00 feet, through a central
angle of 107°42'58" having a radius of 50.00. feet, the long chord of which bears
N 53°29'31'x, 80.76 feet;
THENCE N 41°06'56"E, 136.88 feet;
THENCE N 48°53'04"W 181.67 feet;
THENCE:N 40°42'12"E, 204.56 feet;.
THENCE N 14°37'03"E, 225:51 feet;
THENCE N 07°1T50"E, 60.49 feet;
THENCE N 00°00'00"E, 545.OO.feet;,
THENCE S 90°00'00'x, 750.00 feet;
THENCE S 00°00'00"V1W 170.00 feet;
THENCE S 90°00'00"E, 820.00 feet;
THENCE S 63°26'15"E, 55:90 feet;
THENCE S 78°41'24"E, 152.97:feet;:
THENCE S 90°00'00"E, 180.71.. feet;
THENCE S 37°33'S3"E, 129.89 feet to the beginning of a curve to the right;
THENCE with said curve to the right, an arc distance of 36.14 feet, through a central angle of
41°24'34" having a radius of 50.00 feet, the long chord of which bears S 16°51.'35"E, 35.36.feet
to the beginning of a reverse. curve. to the left;.
THENCE with said reverse curve to the left, an arc distance of 23,33 feet, through a central
angle of 26°44'00" having,a radius of 50'.00 feet, the long chord of which bears S 09°31 1T'E,
23 12 feet;
THENCE S l3.°4l'36"W 146.01 feet;.
THENCE S 25°22.44"E, 111.32 feet;
THENCE S 20°50'19"W 25.00 feet;
THENCE S 64°33'52"E, 139:53 feet;
CBr.B Job No. 014367:010:001 0447
J•UOB\01457401\SUR\WP\I.EG\4754_EXmudl.doc September 04,.2007
Page 5 of 7
MomingStar Ranch MUD No 1
Exhibit B to Final Consent Resolution Page 5
Error! Unknown document property name.
RESOLUTION NO 3560-12-2007
THENCE S 50°27'.56"E, 51.97 feet;
THENCE S 68°11'35"E,123.38 feet;
THENCE N 40°14'35"E, 80.41 feet;
THENCE N 48°30'03"E; 90.00 feet;
THENCE $ 71°15'54'8,117.86 feet;
THENCE S 63°05'05'8,143.02 feet;
THENCE:S 00°00'00"W 264.84 feet;
THENCE N 89°36'00'8,119:30 feet;
THENCE S 8T°03'37"E, 51:32 feet;
THENCE S 90°00'00"E,120.00 feet;
THENCE N 00°00'00"E, 340.00 feet;
THENCE S 90°00'00'8,170:00 feet;
THENCE 800°00'00"W 19.64 feet;
THENCE N 89°36'00'8, 541.14 feet;
THENCEN 00°00'00"E, 750.07feet;
THENCE N 89°36'00"E, 73.55 feet to the beginning of anon-tangent curve to the right;
THENCE with said non-tangent curve to the right, an arc distance of 43.25 feet, through a
central angle of 49°33'56" having a radius of 50.00 feet, the long chord of which bears
N 81°10'36'8, 41.92 feet;
THENCE N 38°52'39'8,. b5.14 feet;
THENCE S 90°00'00'8,12L22 feet to the POINT OF BEGINNING and containing 380.316
acres of land more or less.
NOTE
This document was prepared under 22TAC §b63,21, does not reflect the results of an on the
ground survey and is not to be used to convey or establish. interests in real property except those
CBcB Job No. 014367.010.001.0447
J•UOB1U14574011SUR\WP\L,EG\4754_EXmudl.doc September 04, 2007
Page 6 of 7
Morningstar Ranch MUD No. 1
Exhibit B to Final Consent Resolution Page 6
Error! Unknown document property name.
RESOLUTION NO 3560-12-2007
rights and interests implied or established by the creation or reconfiguration of the boundary of
the political subdivision for which it was preparod.
C&B Job No. 014367.010.001.0447
J•UOB1014574011SUR1WP1LEG14754_EXmudl:doc September 04, 2(107
Page 7 of 7
Morningstar Ranch MUD No. 1
Exhibit B to Final Consent Resolution Page 7
Error! Unknown document property name.
RESOLUTION NO 3560-12-2007
Exhibit C
agreement Concerning Creation and Operation of 1VlorningStar Ranch Municipal Utility
District No. l of Parker County
Morningstar Ranch MUD No. 1
Exhibit C to Final Consent Resolution Page 1
Error! Unknown document property name.
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 12/4/2007 Resolution No # 3560-12 2007 8~ 3561 12 2007
DATE Tuesday December 04 2007
LOG NAME 06MORNING STAR REFERENCE NO C-22562
RECOMMENDATION
It is recommended that the City Council
1 Authorize the City Manager or a designee to bring forth the Strategic Partnership Agreements for each
District after the formation of the Municipal Utility District;
2. Authorize the City Manager or a designee to execute
a. Development Agreements for each District between the City and WYA The Ranch at Mary's
Creek, LTD a Texas limited partnership of WYA The Ranch Holdings LLC its general partner
("Developer")
b A Utility Agreement between the City and Developer
3 Adopt resolutions consenting to the creation of Morning Star Municipal Utility Districts No 1 and No 2 of
Parker County ("Districts')
DISCUSSION
WYA The Ranch at Mary's Creek, LTD a Texas limited partnership of WYA The Ranch Holdings LLC its
general partner own and intend to develop approximately 737 acres in Fort Worths extra-territorial
jurisdiction in Parker County They petitioned the City and were granted conditional consent on May 9
2006 (M&C G-15195 and G-15196) to form two municipal utility districts in this development. The
developer has made application to the Texas Commission on Environmental Quality to form these Districts.
In addition they will be seeking road powers during the 2009 Texas legislative session
The attached resolutions grant formal consent to the formation of the Districts and specifically grant to the
Districts the authority to finance road projects. In addition it grants the City Manager the authority to
execute the Agreement Concerning Creation and Operation of Morning Star Municipal Utility District No 1
and Agreement Concerning Creation and Operation of Morning Star Municipal Utility District No 2" (the
Consent Agreements) This is the contract between the developer the District, and the City governing the
issuance of bonds, the construction standards for infrastructure and the terms of future annexation
The other documents listed above which are available for public inspection and copying in the City
Secretary's Office can be summarized as follows
The Development Agreements provide for the enforcement of municipal building codes and establishes
Logname• OfMORNING STAR Page 1 of 2
land use and development regulations for the development. In addition it imposes Special Regulations to
govern design issues such as block lengths street right-of-way and sidewalk widths. The development will
generally be in compliance with the development standards within the City limits. The Agreement also
identifies enhancements beyond the City's regulations in terms of amenities entry features and
landscaping
The Utility Agreement relates to the provision of water and wastewater facilities and service to the
development. Under this Agreement the City will acquire the water and sewer Certificates of Convenience
and Necessity (CCN) The Owner agrees to install approximately 7 400 linear feet of 24-inch offsite water
main as part of Phase 1 and approximately 16 900 linear feet of 24-inch offsite water main as part of Phase
2. Within the development, the Developer will install a parallel water system consisting of a potable water
system and anon-potable irrigation system Initially both systems will be served by wells within the
development and operated by the District.
Once Fort Worth water becomes available the potable water system will convert to Fort Worth supplied
water and the irrigation system will continue to be served by wells and operated by the district. Ultimately
the plan is for the Water Department to acquire both systems and provide reuse water to serve the irrigation
system in lieu of the wells Future phases of the development will require conversion of a portion of the
development to the Westside V pressure plane The Developer is agreeing to contribute $600 000 toward
the cost of the extension of the 20-inch Westside V water main elevated storage tank and pump station
The Agreement also provides for retail wastewater service to be provided to the development by Fort
Worth The Developer will construct approximately 14 000 linear feet of 24-inch offsite sewer main to serve
the development. The City will collect the maximum allowable water and waste water impact fees to cover
the costs of providing service to the development. There is no City cost-participation in the installation of the
offsite lines or in the acquisition of the potable water system irrigation system or wastewater system from
the District.
The Strategic Partnership Agreements will authorize the City to annex acreage within the Development
designated for commercial development for the limited purpose of imposing sales and use tax. These
agreements will be presented to the City Council with the appropriate public hearings after the district is
formally established by election
This Development will not require the expenditure of City funds or the collection of offsetting revenue for
water services for several years.
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that approval of these Agreements will have no immediate material effect on
City funds Any effect on expenditures and revenues will be budgeted in future fiscal years
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office by;. Dale Fisseler (6266)
Originating Department Head. Fernando Costa (8042}
Additional Information Contact: Susan Alanis (8180)
Logname 06MORNING STAR Page 2 of 2