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Home My WebLink AboutResolution 3561-12-2007RESOLUTION NO 3561 12-2007 A RESOLUTION CONSENTING TO THE CREATION OF A MUNICIPAL UTILITY DISTRICT ENCOMPASSING APPROXIMATELY 356.829 ACRES IN PARKER COUNTY, TEXAS, TO BE KNOWN AS "MORNINGSTAR RANCH MUNICIPAL UTILITY DISTRICT NO 2 OF PARKER COUNTY", AND AUTHORIZING THE CITY .MANAGER TO EXECUTE THE "AGREEMENT CONCERNING CREATION AND OPERATION OF MORNINGSTAR RANCH MUNICIPAL UTILITY DISTRICT NO 2 OF PARKER COUNTY" WHEREAS effective May 3 2005 the City of Fort Worth (the `C~") adopted a Policy Concerning Creation of Conservation and Reclamation Districts (the `Creation Pohcy") and WHEREAS, WYA The Ranch at Mary's Creek, Ltd., a Texas limited partnership ("Owner"), has petitioned the City to obtain the City's consent to creation of Morningstar Ranch Municipal Utility District No 2 of Parker County encompassing approximately 356 829 acres of land m Parker County Texas, m the City's extraterntoraal ~urasdiction, consisting of a 176 610- acre tract and a 180.219-acre tract, as shown on Exhibit A and described in Exhibit B attached hereto (the `Pro e~rty"); and WHEREAS, the City and Owner have negotiated the terms of the Agreement Concerning Creation and Operation of Morningstar Ranch Municipal Utility District No 2 of Parker County" (the `Consent Agreement") attached hereto as Exhibit C, and WHEREAS following its review of the Creation Policy and the Consent Agreement, the City Council desires to adopt this Resolution, which consents to creation of a municipal utility distract and to such district obtaining road powers by action of the Texas Legislature or the Texas Commission on Environmental 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 City Council consents to the creation of Morningstar Ranch Municipal Utility Distract No 2 of Parker County (the `District") by the TCEQ subject to the terms and conditions set forth in the Consent Agreement. 2 That, m the alternative, the City Council consents to the creation of Morningstar Ranch Municipal Utility Distract No 2 of Parker County by the Texas Legislature, subject to the terms and conditions set forth in the Consent Agreement. MornngStar Ranch MUD No 2 Final Consent Resolution Page 1 RESOLUTION NO 3561 12-2007 3 That the City Council consents to the District obtaining road powers by action of the Texas Legislature or the TCEQ subject to the terms and conditions set forth m the Consent Agreement. 4 That the City Manager or a designee is authorized to execute the Agreement Concerning Creation and Operation of MornmgStar Ranch Mumcipal Utility District No 2 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 Crty Council is 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 poor resolutions or agreements regarding the City's consent to creation of the District. Adopted the'4th~day of December, 2007 .~, ~, ~-~. ~f~~ APPROVRD ~- `~ ~~~"~`~` ~~~~ CITY CQUNCIL ~~ ~_ /' • . ._ .. f~ m DEC 0 4 2007 M~ti=tyHeridnx'' ---~, ~ .~ ~, .~ City Secretary} ~ ~~; x ~~ ,~, ''~`~'., ~ ~ • ,~ City Secretary of the ~. ~~ .,,~ City of Fort Worth, Texas Jl~,~ /~~r~rfl f tti~ '3~~** Mo~nngStar Ranch MUD No. 2 Final Consent Resolution Page 2 RESOLUTION NO 3561 12-2007 Exhibit A Map of Property MUD NO 2 MUD N0. 1 MUD N0. 2 MUD NO. 1 ~ ~ G ? ~ Ri 'G ~ 2 do MUD 1= 380 316 AC a ~ MUD 2 = 356 829 AC ~ w ..~ N M M ~1 MUD N0. 2 MUD NO. 1 OLD WEATHERFORD ROAD N MAP OF THE WE PROPERTY S ~ ~ ~~ EXHIBR cnmx swaea wc ~ , . ® JOB # 014574 DATE: 8.27.07 DRAWN: JST DESIGNED: /~ nGN.n. ~~ n. n,eico. ,.. cam., o rte. ~x,..~,.. a~~~w cxn a. CODYr ~t 02007 Carter Burgess, nc. Morningstar Ranch MUD No 2 Exhibit A to Final Consent Resolution Page 1 Error! Unknown document property name. RESOLUTION NO 3561 12-2007 Exhibit B Legal Description of Property LEGAL DESCRIPTION Morningstar RANCH MUD No.2 South BEING situated in the M. Teeter Survey Abstract Number 2070, the P.7. McClary Survey Abstract Number 907 and the W Cagle Survey Abstract Number:2373, Parker County Texas; and being a portion of that tract of land described by deed to WYA THE RANCH AT MARY'S CREEK, LTD as recorded in Book 2463 Page 6.18, Deed Records, Parker County Texas, and being.more particularly described by metes and bounds as follows: 'COMMENCING at a Texas Department of Transportation (TXDOT) monument found at the northerly southwest comer of said WYA THE RANCH AT MARY'S CREEK, I;TD tract.,. THENCE along the westerly line of said WAY THE RANCH AT MARY'S CREEK, LTD tract, the following bearings and distances: N 00°32'56"W 562:53 feet:to the POINT OF BEGINNING; N 00°32'56"W 289 44 feet to a %: inch iron rod with cap found;. N 00°32'34"W 292:60 feet to a TXDOT monument found; N 00°13'30"W 12.98 feet to an iron rod found; N 00°32' 1.8"W 1787 12 feet; N 04°56'41 'E, 50.20 feet;. N 00°30' 10"W 100.04 feet to a TXDOT monument found; N 06°14''31"W 50.09 feet to a TXDOT monument found; N 00°28'55"W 47 43 feet to a TXDOT monument found; N 02°02'20"W 155.80 feet to a TXDOT monument found; N 06°27'S7"E, 104 41 feet to a TXDOT monument found; N 06°45'31 'W 221.88 .feet; THENCE S 89°57'22"E, 347.64 feet leaving said westerly.line; THENCE N 87°04 13'x, SOAS feet; THENCE N 71 °34'26'B, 96.53 feet; C&B 7ob 1Vo. 014574.010.1.060.1 S#Parker September 04, 2007 J•UOB\01457401\SUR\WP\LEG\4754_exmud2_s.doc Page 1 of 3 Mo~ningStar Ranch MUD No 2 Exhibit B to Final Consent Resolution Page 1 Error! Unknown document property name. RIESOLUTION NO 3561 12-2007 THENCE N 70°49'02"E, 45.68 feet; THENCE N 57°44'S8'T, 461:86 feet; THENCE N 69°39'33"E, 180.01 feet; THENCE S 23°02'17"E, 84.57 feet; THENCE N 86°17'21'3;, 96.81 feet; THENCE S 07°53'29'T, 230.10 feet; THENCE S 16°10'32"E, 171.96 feet; THENCE S 24°50' 19"E, 405.32 feet; THENCE N 65°09'41'T, 310.00 feet; THENCE S 24°50' 19'T,1167 78 feet; THENCE N 69°16'.09"E, 168.18 feet; THENCE N 65°00'30"E, 131.35 feet; THENCE S 65°08' 10"E, 271.21 feet; THENCE SOS°40'S5'T, 127.64 feet; THENCE N83°24'S1"E, 55.99 feet; THENCE SOb°35'44"E, 1400.02 feet; THENCE 583°24 16"W 15.00 feet; THENCE 506°35'44"E, 110:00 feet; THENCE S83°24'16"W '350.00 feet; THENCE S75°23'58"W 157.00 feet to the beginning of anon-tangent curve to the left; THENCE with said non-tangent curve to the left, 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 S56°16'54"E, 14:05 feet to the beginning of a reverse curve to the right; C&B Job No. 014574.010.1.0601 S#Parker September 04, 2007 J'UOB\014574011SUR\WP\LEG14754_exmud2_s.doc Page 3 of 3 Morningstar Ranch MUD No 2 Exhibit B to Final Consent Resolution Page 2 Error! Unknown document property name. RESOLUTION NO 3561 12 2007 THENCE with said reverse curve to the right, an arc distance of 113.11 feet, through a central angle of'129°36'58" having a radius of 50.00 feet, the long chord of which beats S00°26'49"W 90.49 feet; THENCE SOS°39'40"W 22:14 feet; THENCE S30°03'08"W 137.47 feet; THENCE S47°38'34"W 190.28 feet; THENCE N81°59'04"W 49411 feet; THENCE N08°42'25"E, 137.06 feet to the beginning of a curve to the right; THENCE with said curve to the right, an arc distance of 104 46 feet, through a central angle of 11°17'33" having a radius of 530.00 feet,. the long chord of which bears N14°21'11'8,104.29 feet; THENCE N19°59'S8'~,119:12 feet;. THENCE N70°49'05"W 106.81 feet; THENCE N78°05'.25"W 94:26 feet; THENCE N86°27'16"W 95:53 feet; THENCE S87°09'53"W 46.34 feet; THENCE S85°48'15"W 1514.69 feet to the POINT OF BEGINNING and containing 176.610 acres of land more or less. NOTE This document was prepared under 22TAC ,§663.21, does not reflect the results of an on the ground survey, and is not to .be used to conveyor establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. C&B Job No. 014574.010.1.0601 S#Parker September 04, 2007 J•UOB\014574011SUR\WP\I,EG\4754 exmud2_s.doc Page 3 of 3 Morningstar Ranch MUD No. 2 Exhibit B to Final Consent Resolution Page 3 Error! Unknown document property name. RESOLUTION NO 3561 12-2007 LEGAL DESCRIPTION Morningstar RANCH MUD No.2 North BEING a tract of land situated in the J.D. Monts Survey, Abstract Number 927 and the M:S: Teeter Survey, Abstract Number 2070, both of Parker County, Texas; and being a portion of that tract of land conveyed to WYA THE RANCH AT MARY'S CREEK, LTD. by deed recorded in Book 2463, Page 618 of County Records, Pazker County,. Texas and being more particulazly described by metes and bounds as follows; BEGINNING at a fence post found at the northeast copier of said WT'A THE RANCH AT MARY'S CREEK, LTD. tract; THENCE S 00°22'37"W 354.77 feet along the east line ofsaid WAY THE RANCH AT MARY'S CREEK, LTD. tract; THENCE N 90°00'00"W 121.22 feet;, THENCE S 38°$2'39"W 65:14 feet to the beginning of anon-tangent-curve to the left; THENCE with saidnon-tangent curve to the left, 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 S 81 °10'36"W 41.92 feet; THENCE S 89°36'00"W 73:55 feet; THENCE S 00°00'00"W 750.02 feet; THENCE S 89°36'00"W 541.14 feet; THENCE N 00°00'00'B, 19.64 feet; THENCE N 90°00'00"VJ 170.00 feet; THENCE S 00°00'00"W 340.00 feet; THENCE N 90°00'00"W 120:00 feet; THENCE N 81 °03'37"W 51.32 feet;. THENCE S 89°36'00"W 119.30 feet; THENCE N 00°00'00"E, 264.84 feet; THENCE N 63°05'05"W 143.02 feet; C&B Job No. 014574.010.1:0601 S#Pazk6r September 04, 2007 J`UOB\014574011SUR\WPILEG~4754 EXmud2 n.doc Page 1 of4 Morningstar Ranch MUD No 2 Exhibit B to Final Consent Resolution Page 4 Error! Unknown document property name. RESOLUTION NO 3561 12-2007 THENCE N 71°15'54"W 117.86 feet; THENCE S 48°30'03"W 90.OO.feet; THENCE S 40°14'35"W 80.41 feet;. THENCE N 68°11'35"W 123.38 feet; THENCE N 50°2T56"W 51.97 feet; THENCE N 64°33'52"W 139.53 feet; THENCE N 20°30'.19"E, 25.00 feet; THENCE N 25°22'44"W 11132 feet; THENCE N 13°41.'36"E, 146.01 feet to the beginning of anon-tangent curve to the right; THENCE with said non-tangent curve to the right, an .arc .distance of 23.33 feet, through a central angle of 26°43'59" having a radius of 50.00 feet, the long chord of which bears N 09°31 17"W 23.12 feet to the beginning of a reverse curve to the left; THENCE. wrth said reverse curve to the left, an arc distance of 36.14 feet, through a central. angle of 41°24'35" having a.radius of 50.00 feet, the long chord of which bears N 16°51'35"W 35.36 feet; THENCE N 37°33'S3''W 129.89 feet;. THENCE N 90°00'00"W 180.71. feet; THENCE.N 78°4i'24"W 152.97 feet;. THENCE N 63°26'15"W .55.90 feet; THENCE N 90°00'00"W 820.00 feet; THENCE N 00°00'Op'3r; 170.00 feet; THENCE N 90°00'00"W 750.00 feet; THENCE S 00°00'00"W 545.00 feet; THENCE S 07°17'50"W 60.49 feet; THENCE S 14°3703"VW 225.51 feet; C&B Job No. 014574.010.1.0601 S#Parker September 04 2007 J•UOB\01457401~SUR\WP~l<EG~4754 EXmud2 n.doc Page 2 of4 Morningstar Ranch MUD No. 2 Exhibit B to Final Consent Resolution Page 5 Error! Unknown document property name. RESOLUTION NO 3561 12-2007 THENCE S 40°42' 12"W 204.56 feet; THENCE S 48°53'04"E, 181.67 feet; THENCE S 41°06'56"W 136.88 fit to the beginning of anon-tangent curve to the right; THENCE with said non-tangent curve to the right, an arc distance of 94.00 feet, through a central angle of 107°42'57" having a radius of 50.00 feet, the long chord of which bears S 53°29'31"W 80:76 feet; THENCE S 41°06'56"W 112.29 feet; THENCE N 43°24'ST'W 90:41 feet; THENCE N 32°50'28"W 139.36 feet; THENCE N 59°23 48"W 173.98 feet; THENCE N 67°45' 11"W 330.00 feet; THENCE S 22°14 49"W 97 79 feet to the beginning of anon-tangent curve to the right; THENCE with said non-tangent curve to the right, an arc distance of 113.92 feet, through a central angle of 130°32'26" havmg a radius of 50.00 feet, the long chord of which bears S 77°09'43"W 90.83 feet; THENCE N 67°45'11"W 301 10 feet; THENCE S 22°14 49"W 105.02 feet;. THENCE N 70°26'11"W 42.95 feet; THENCE N 77°04 10"W 42.67 feet; THENCE N 83°40'51"W 42:67 feet; THENCE S 89°38'35"W 133 71 feet; THENCE S 76°42'29"W 46.11 feet; THENCE S 89°29'09"W 135 00 feet; THENCE S 89°50'00"W .855 77 feet to the begimm~g of anon-tangent curve to the right; THENCE with said non-tangent curve to the right, an arc distance of 4.84..44 feet, through a central angle of 15°00' 16" having a radius of 1849:86 feet, the long chord of which bears C&B Job No. 014574:010.1.060.1 S#Parker September 04,.2007 J:VOB\01457401\SUR\WP\I.EG\4754 EXmud2 n.doc Page 3 of 4 MomingStar Ranch MUD No. 2 Exhibit B to Final Consent Resolution Page 6 Error! Unknown document property name. RESOLUTION NO 3561 12-2007 N 01°56'34"W 483:05 feet to a TXDOT (Texas Department of Transportation) found; THENCE N 00°27' 14"W 796.76 feet to a TXDOT found, the beginning of a curve to the right; THENCE with said curve to the right, an azc distance of 461:67 feet, through a central angle of 03°29'24" having a radius of 7579.44 feet; the long chord of which bears N Ol °19'3ti'E, 461.59 feet; THENCE S 89°16'35"E, 2435.23 feet fence post found; THENCE S 00°25' 15"E, 247.80 feet to a fence post found,• THENCE N 89°57'17"E, 4214.04 feet to-the POIlVT OF BEGINNIIVG~and containing 180.219 acres of land, more or less. NOTE This document was prepazed under 22TAC §663.21, does not reflect the results of an on the ground survey, and is not to be used to conveyor establish interests in real:pmperty except those .rights and interests implied 'or established by the creation or reconfiguration of the boundary. of the political subdivision for which it was.prepared. C&B Job No. 014574.010.1.0601 S#Parker ,September 04,:2007 J•UOB\01457401\SUR\WPILEG\4754 EXmud2 n.doc Page 4 of 4 Morningstar Ranch MUD No 2 Exhibit B to Final Consent Resolution Page 7 Error! Unknown document property name. RESOLUTION NO 3561 12-2007 Exhibit C Agreement Concerning Creation and Operation of Morningstar Ranch Municipal Utility District No. 2 of Parker County Morningstar Ranch MUD No 2 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 ~ 3561 12 2007 DATE Tuesday December 04 2007 LOG NAME 06MORNING STAR REFERENCE NO C-22562 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 Worth's 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 06MORNING 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 seared 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/AccountlCenters Submitted for City Manager's Office bk Dale Fisseler (6266) Originating Department Head Fernando Costa (8042) Additional Information Contact: Susan Alanis (81$0) Logname. 06MORNING STAR Page 2 of 2