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Home My WebLink AboutResolution 5336-01-2021 A Resolution NO. 5336-01-2021 CONSENTING TO THE ADDITION OF APPROXIMATELY 350.42 ACRES OF LAND IN PARKER COUNTY, TEXAS,TO MORNINGSTAR RANCH MUNICIPAL UTILITY DISTRICT NO. 2 OF PARKER COUNTY WHEREAS Pursuant to Chapters 49 and 54 of the Texas Water Code, Darrell Joe Lyon, Tommy Calvin Lyon, Pamela Gail Fuqua Lyon, Terry Wayne Fuqua, Jr. and the Estate of Mary Jo Lyon(collectively,"Owner")wish to annex into Morningstar Ranch Municipal Utility District No.2 of Parker County (the "District") approximately 350.42 acres of land in Parker County, Texas described and depicted in the attached Exhibit"A"(the "Pro ");and WHEREAS the Property is located within the extraterritorial jurisdiction of the City of Fort Worth,Texas (the"City"); and WHEREAS Texas Water Code, Section 54.016, provides that land within the extraterritorial jurisdiction or corporate limits of a city may not be included within a municipal utility district without the written consent of such city; and WHEREAS the City Council of the City desires to adopt this Resolution for the purpose of consenting to the annexation of the Property into the District with the understanding that debt issuance and maintenance of all infrastructure by the District and Morningstar Municipal Utility District(MUD) No. 1 be addressed in amendments of certain documents related to the District and Morningstar MUD No.1; and WHEREAS this consent to annexation of the Property into the District is subject to and conditioned on approval by the City Council and execution by the appropriate parties of amendments to certain documents relating to the Property, inclusive of Morningstar MUD No. 1 and the District as set out below; NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,TEXAS: 1. That all of the matters and facts set out in the preamble hereof be true and correct. 2. That the City Council consents to annexation of the Property into Morningstar Ranch Municipal Utility District No. 2 of Parker County, subject to execution of the following documents by the City and the appropriate parties with respect to the Property: a. Amendment to Agreement Concerning Creation and Operation of Morningstar Ranch Municipal Utility District No. 2 of Parker County (City Secretary Contract No. 36199, as amended) b. Amendment to Amended and Restated Utility Agreement for Morningstar Ranch Municipal Utility District Nos. 1 and 2 (City Secretary Contract No. 36195-A2, as amended) in Morningstar MUD No.I and District; and c. Amendment to CSC Contract No. 36202 Development Agreement Between the City of Fort Worth and FWFW Holdings,Inc. and FG Aledo Development,LLC for Morningstar Ranch (City Secretary Contract No. 36202-A1, as amended) or a separate Development Agreement for the Property and amendment to Morningstar MUD No 1. Adopted this 26 h day of January 2021. �F FORTS ATTEST: BY: V: ;X Mary J. Kayser, City Secretary '♦ `�,k �`XAS Exhibit A Legal Description of the Property Legal description of land: Being a 350.42 acres tract determined by field survey situated in the E.DEAN SURVEY,ABSTRACT NO.354; W.GLOVER SURVEY,ABSTRACT NO.2584;J.MORRIS SURVEY,ABSTRACT NO. 927 and the C RIDER SURVEY,ABSTRACT NO. 1121,Parker County,Texas,being all the following called tracts: Called 302 acres +/-conveyed by the Lyon Living Trust to Tommy Calvin Lyon,Darrell Joe Lyon,and Pamela Gail Lyon Fuqua as evidenced by deed recorded in Volume 1874, Page 685, Real Property Records Parker County,Texas(Tracts I and II); Called 10 acres+/-conveyed by the Lyon Living Trust to Tommy Lyon&Pam Lyon Fuqua as evidenced by deed recorded In Volume 1874,Page 680,Real Property Records Parker County,Texas;Called 20 acres+/- conveyed by the Lyon Living Trust to Darrel Joe Lyon as evidenced by deed recorded in Volume 1874,Page 676, Real Property Records Parker County,Texas;and Called 12.82 acres +/-conveyed by Ira Calvin Lyon,Tommy Calvin Lyon, and Darrell Joe Lyon to Terry Wayne Fuqua, Jr. and Pamela Gail Fuqua as evidence by deed recorded in Volume 2002, Page 20, Real Property Records Parker County, Texas. Said 350.42 acre tract being more particularly described by metes and bounds as follows: BEGINNING at a 1/2" iron rod found in the north line of said Tract II,being the northerly southeast corner of that certain tract of land described in deed to Betsy Jo Dearing Browder,recorded in Volume 597,Page 487,Deed Records, Parker County,Texas,and being the southwest corner of HOLLY RIDGE ESTATES,an Addition in Parker County, Texas, according to the Plat recorded in Plat Cabinet B, Slide 074, Plat Records, Parker County, Texas, said BEGINNING point having a NAD 83, Zone 4202 (Grid) coordinate value of NORTH:6966567.89 and EAST:2247996.42,for reference; THENCE N 88038'36"E,along the common line of said Tract II and said HOLLY RIDGE ESTATES,at 926.86 feet passing a 1/2"iron rod found at the common rear corner of Lots 13 and 14 of said HOLLY RIDGE ESTATES,and continuing,along said common line.in all,a distance of 1856.33 feet to a point at the southeast corner of said HOLLY RIDGE ESTATES and being the southwest corner of that certain tract of land described in deed to MCRS Ranch, recorded in Volume 1409,Page 1104,Real Property Records,Parker County,Texas,from said point a 3"metal fence corner post found bears N 85°00'01" E, a distance of 1.27 feet and an 8" wood post found bears N 19'02'18" W, a distance of 1.10 feet,for reference; THENCE N 89004'36"E,a distance of 0.83 feet to the northwest corner of that certain tract of land described in deed to BAR-KO Land Company, LLC,recorded in Instrument Number 201931204, Official Public,Records, Parker County,Texas; THENCE along the west and south line of said BAR-KO Land Company,LLC,tract,as follows: S 00°46'04" E, a distance of 350.07 feet to a 1/2" capped iron rod found stamped "C.F. Stark RPLS 5084" at the southwest corner of said BAR-KO Land Company, LLC, tract, being the beginning of a curve to the right, whose radius is 375.00 feet and whose long chord bears S 72°03'04"E,a chord distance of 78.75 feet; Along said curve in a southeasterly direction,through a central angle of 12°03'16",an arc distance of 78.90 feet to a 1/2"capped iron rod found stamped"C.F.Stark RPLS 5084";S 66001'26"E,a distance of 771.73 feet to a 1/2"capped iron rod found stamped"C.F. Stark RPLS 5084";N 51'39'17"E,a distance of 697.94 feet to a 4"metal post found at the southeast corner of said BAR-KO Land Company,LLC, tract, also being the southerly southwest corner of that certain tract of land described indeed to BAR-KO Land Company, LLC, recorded in Instrument Number 201917432,Official Public Records,Parker County,Texas,being in the east line of said Tract II and being the most northerly northwest corner of that certain tract of land described in deed to William Fleming, et al, recorded in Volume 237,Page 562,Deed Records,Parker County,Texas; THENCE along the common line of said Tract II and said Fleming,et al tract,generally along a fence,as follow: S 00°58'03"E,a distance of 1250.06 feet to a 4"metal fence corner post found; S 88°27'51"W,a distance of 1055.62 feet to a 4"metal fence corner post found; S 17°25'05"W,a distance of 1565.81 feet to a bend in said fence; S 17°42.43"W,a distance of 88.6S feet to a bend in said fence; S 16°27'00"W,a distance of319.7S feet to a 1/2"capped iron rod set stamped "C.F. Stark RPLS 5084" S 50°20'24"E,a distance of 244.10 feet to a 4"metal fence corner post found; S 3391'43"E,a distance of 277.98 feet to a 4"metal fence corner post found; S 70°S5'14"E,a distance of 148.53 feet to a 4"metal fence post found; S 71°45'48"E,a distance of 306.43 feet to a metal fence post found; S 71°47'23"E,a distance of 812.54 feet to a 1/2"capped iron rod set stamped"C.F. Stark RPLS 5084" S 49'29.34" E,a distance of 167.87 feet to 1/2" capped iron rod set stamped"C.F. Stark RPLS 5084" S 01'21'46"E,a distance of 763.95 feet to a 6"wood fence corner post found at the southeast corner of said Tract II and being the northeast corner of that certain tract of land described in deed to FWFW Holdings,Inc.,recorded in Instrument Number 2014-10303,Official Public Records,Parker County,Texas; THENCE S 8902649"W,along the common line of said Tract II and said FWFW Holdings,Inc.,tract,a distance of 4212.50 feet to a 4"metal fence corner post found at the southwest corner of said Tract 11; THENCE N 01011'58" W, continuing along the common line of said Tract 1I and said FWFW Holdings, Inc., tract,a distance of 247.39 feet to a 4"metal fence corner post found at the southeast corner of said Tract I; THENCE N 89046'43"W,along the common line of said Tract I and said FWFW Holdings,Inc.,tract,a distance of 2433.98 feet to a Texas Department of Public Transportation monument found (herein after called TxDOT monument)in the east line of Farm To Market Highway 3325(A.K.A Farmer Road-Right-of-Way vanes)and being the northwest corner of said FWFW Holdings,Inc.,tract,said TxDOT monument found being in a curve to the right,whose radius Is 7579.44 feet and whose long chord bears N 03°13'30"E,a chord distance of 189.35 feet; THENCE along the east line of said Farm To Market Highway 3325 and along said curve, in a northeasterly direction,through a central angle of01°25'53", an arc distance of 189.35 feet to a TxDOT monument found; THENCE N 03056-26"E,continuing along the east line of said Farm To Market Highway 3325,a distance of 315.95 feet to a TxDOT monument found at the beginning of a curve to the left,whose radius is 7699.44 feet and whose long chord bears N 03029'04"E,a chord distance of 122.59 feet; THENCE continuing along the east line of said Farm To Market Highway 3325 and along said curve, in a northeasterly direction, through a central angle of 00054'44", an are distance of 122.59 feet to a TxDOT monument found in the north line of said Tract I, in the south line of said Betsy Jo Dearing Browder tract and being the most westerly northwest corner of the herein described 350.42 acre tract; THENCE N 89053.30"E,leaving the east line of said Farm To Market Highway 3325,along the common line of said Tract I and said Betsy Jo Dearing Browder tract,passing the northeast corner of said Tract I and the most westerly northwest comer of said Tract 11, and continuing along the common line of said Tract 11 and said Betsy Jo Dearing Browder tract, in all, a distance of 3247.97 feet to a 1/2" iron rod found at the most southerly southeast corner of said Betsy Jo Dearing Browder tract; THENCE along the common line of said Tract 1I and said Betsy Jo Dearing Browder tract,generally along a fence,as follows: N 01019'20"W, a distance of 262.02 feet to a bend in said fence; N 01 029'31" W, a distance of 510.59 feet to a bend in said fence; N 01°11'l9" W, a distance of 844.21 feet to a bend in said fence; N 01010'59"W,a distance of 1471.49 feet to a bend in said fence; N O1022'14"W,a distance of 418.49 feet to a bend in said fence; N O1029'33" W,a distance of 389.25 feet to a bend in said fence; N O1002156"W,a distance of 283.66 feet to a 4" metal fence corner post found at the most northerly northwest corner of said Tract II and being an ell corner of said Betsy Jo Dearing Browder tract; THENCE N 88026'28"E,continuing along the common line of said Tract II and said Betsy Jo Dearing Browder tract,a distance of 197.36 feet to the POINT OF BEGINNING and containing 350.42 acres of land,more or less. 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