HomeMy WebLinkAbout063014 -- MUD District No. 1 PetitionALLEN BOONE HLTMPHRIES ROBINSON LLP
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SUITE 2600
HOUSTON, TEXAS 77027
TEL (713) 860-6400
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Direct Line: (713) 860-6427 Yvonne Onak
Direct Fax: (713) 860-6627 yonak@abhr.com Legal Assistant
June 30, 2014
BY FEDERAL EXPRESS
Ms. Sherry Mashburn
City Secretary
1101 Texas Avenue
College Station, TX 77840
Re: Brazos County Municipal Utility District No. 1 (the "District")
Dear Ms. Mashburn:
Please find enclosed for your files the following:
(1) Petition to the Texas Commission on Environmental Quality for Creation
of the District;
(2) Five (5) copies of a Certificate verifying that the Petition for Creation of
the District has been filed in your office; and
(3) Self-addressed Federal Express return envelope, for your convenience.
The creation of the District within the extraterritorial jurisdiction of the City of
College Station, was approved by the City Council on March 27, 2014, by Resolution
No. 03-27-14-01.
Please sign, seal and date the certificates to evidence this filing and return the
signed certificates to me. We would like to be able to file them with the Texas
Commission on Environmental Quality this week. Thank you very much for your
attention to this matter.
Sincerely,
VpAAAA_CL.)
Yvonne Onak
Legal Assistant
Enclosures
483496
THE STATE OF TEXAS
COUNTY OF BRAZOS
§
I, the Secretary of the City of College Station, Texas, do hereby certify that a
signed copy of the Petition for Creation of Brazos County Municipal Utility District
No. 1 has been filed in my office. The City consented to creation of the District by
Resolution No. 03-27-14-01 on March 27, 2014.
644
WITNESS MY HAND AND THE SEAL OF THE CITY, this c2 day of
, 2014.
City Secretary'
City of College Station, Texas
(SEAL)
482906
PETITION FOR CREATION OF
BRAZOS COUNTY MUNICIPAL UTILITY DISTRICT NO. 1
THE STATE OF TEXAS §
§
COUNTY OF BRAZOS §
TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY:
McAlister Opportunity Fund 2012, L.P., a Delaware limited partnership (the
"Petitioner"), holding title to a majority in value of the land described in Exhibit A
attached hereto and incorporated herein for all purposes (the "Property"), as indicated
by the certificate of ownership provided by the Brazos Central Appraisal District, acting
pursuant to the provisions of Chapters 49 and 54, Texas Water Code, together with all
amendments and additions thereto, respectfully petitions the Commissioners of the
Texas Commission on Environmental Quality (the "TCEQ") for the creation of a
municipal utility district, and in support thereof would respectfully show the following:
I.
The name of the proposed District shall be BRAZOS COUNTY MUNICIPAL
UTILITY DISTRICT NO. 1 (herein the "District"). There is no other conservation or
reclamation district in Brazos County, Texas, with the same name.
II.
The District shall be created and organized under the terms and provisions of
Article XVI, Section 59 of the Texas Constitution and Chapters 49 and 54, Texas Water
Code, 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 Texas Water Code and the
general laws relating to municipal utility districts. The District shall contain an area of
approximately 552.9 acres of land, more or less, situated in Brazos County, Texas. All of
the land proposed to be included may properly be included in the District.
IV.
The Petitioner holds fee simple title to the Property, as indicated by the certificate
of ownership provided by the Brazos Central Appraisal District.
482906
V.
The Petitioner represents that there are no lienholders on the Property.
VI.
The general nature of the work proposed to be done by the District at the present
time is the purchase, construction, acquisition, maintenance and operation of a
waterworks and sanitary sewer system for commercial purposes, and the construction,
acquisition, improvement, extension, maintenance and operation of works,
improvements, facilities, plants, equipment and appliances helpful or necessary to
provide more adequate drainage for the District, and to control, abate and amend local
storm waters or other harmful excesses of waters and road facilities, all as more
particularly described in an engineer's report filed simultaneously with the filing of this
petition, to which reference is hereby made for more detailed description, and such
other purchase, construction, acquisition, improvement, maintenance and operation of
such additional facilities, systems, plants and enterprises, as shall be consistent with all
of the purposes for which the District is created (the "Project").
VII.
There is a necessity for the improvements above described. The territory to be
included in said proposed District will be developed for commercial and residential
purposes. There is not available within the area proposed to be included in the District
an adequate waterworks system, sanitary sewer system, drainage and storm sewer
system, or road facilities, and the health and welfare of the present and future
inhabitants of the District and of the areas adjacent thereto require the purchase,
construction, acquisition, maintenance and operation of an adequate waterworks
system, sanitary sewer system, and drainage and storm sewer system and road
facilities.
VIII.
The proposed improvements are feasible and practicable. There is an ample
supply of water available, and the terrain of the territory to be included in the proposed
District is such that a waterworks system, a sanitary sewer system, drainage and storm
sewer system, and road facilities can be constructed at a reasonable cost.
IX.
A preliminary investigation has been made to determine the cost of the water,
sewer and drainage facilities of the Project and it is now estimated by the Petitioner,
from such information as they have at this time, that the cost of the water, sewer and
drainage facilities of the Project will be approximately $51,505,000.00.
482906
-2-
X.
There is not available within the area proposed to be included in the District an
adequate road facilities, and the health and welfare of the present and future
inhabitants of the District and of the areas adjacent thereto require the purchase,
construction, acquisition, maintenance and operation of adequate road facilities. The
proposed improvements are feasible and practicable, and can be constructed at a
reasonable cost.
XI.
A preliminary investigation has been made to determine the cost of the road
facilities of the Project and it is now estimated by the Petitioner, from such information
as they have at this time, that the cost of the road facilities of the Project will be
approximately $3,740,000.00.
XII.
The total cost of the proposed District's projects is estimated by the Petitioner to
be approximately $55,245,000.00.
WHEREFORE, the Petitioner respectfully prays that this petition be properly
filed, as provided by law; that all interested persons be notified of the procedures for
requesting a public hearing on this petition as required by 30 Tex. Admin. Code
§293.12; that this petition be set for consideration at a date to be fixed in keeping with
the provisions of Chapters 49 and 54, Texas Water Code, and the rules of the TCEQ;
that, if necessary, a hearing be held and notice thereof be given as provided in Chapters
49 and 54, Texas Water Code, and the rules of the TCEQ; that this petition be in all
things granted; that the District be created and five directors thereof appointed to serve
until their successors are duly elected and qualified; and that such other orders, acts,
procedure and relief be granted as are proper and necessary and appropriate to the
creation and organization of the District, as the TCEQ shall deem proper and necessary.
482906
[EXECUTION PAGE FOLLOWS.]
-3-
RESPECTFULLY SUBMITTED thist'� day of
STATE OF TEXAS
§
COUNTY OF HARRIS §
2014.
McALISTER OPPORTUNITY FUND 2012, L.P., a
Delaware limited partnership
By:
MOF 2012 GP, LLC, a Delaware limited
liability company, its - neral Partner
Paul Co
Manager
This instrument was acknowledged before me this 1k, day of
2014, by Paul Connor, Manager of MOF 2012 GP, LLC, a Delaware
ted liability company, General Partner of MCALISTER OPPORTUNITY FUND
2012, L.P., a Delaware limited partnership, on behalf of said limited partnership and
said limited liability company.
e' .i.i
,• ';
. PAMELA VICKERS
'•`5
Notary Public, State of Texas
; c My Commission Expires
°•;p„`��° August 03, 2016
(NOTARY SEAL)
Attachment:
Exhibit A - Description of the Property
tate of Texas
RETURN RECORDED DOCUMENT TO:
Allen Boone Humphries Robinson LLP, Attn: Yvonne Onak, 3200 Southwest Freeway,
Suite 2600, Houston, Texas 77027
482906
-4-
Brazos County Municipal Utility District No. 1
District Boundary
552.9 Acres EXHIBIT A
STATE OF TEXAS
S.D. Smith Survey
Abstract No. 210
COUNTY OF BRAZOS §
A METES & BOUNDS description of a certain 552.9 acre tract situated in the S.D. Smith
Survey, Abstract No. 210 in Brazos County, Texas, being all of a called 552.905 acre tract
conveyed to McAlister Opportunity Fund 2012 LP described in a special warranty deed recorded
in Volume 11756, Page 130 of the Brazos County Official Public Records (BCOPR); said 552.9
acre tract being more particularly described as follows with all bearing being based on the
northwest line of said 552.9 acre tract, having a record bearing of North 55°06'25" East;
BEGINNING at a point for corner being the west corner of said 552.905 acre tract, also being in
the northeast right-of-way of Texas State Highway No. 6 (Highway 6), and being the south
corner of a called 1282.09 acre tract conveyed to Animate Habitat, LTD recorded in Volume
5463, Page 208 in the BCOPR;
THENCE, along the southeast line of said 1282.09 acre tract, also being the northwest line of
said 552.905 acre tract, the following two (2) courses and distances:
1. North 55°06'25" East, 3263.40 feet to a point for corner;
2. North 48°42'01" East, 2373.41 feet to a point for corner being the north corner of said
552.905 acre tract, being an interior corner of the said 1285.09 acre tract;
THENCE, South 39°32'17" East, along the southwest line of said 1282.09 acre tract, the
southwest line of a called 2.92 acre tract conveyed to Ashraf Lakhani recorded in Volume 8902,
Page 256 of the BCOPR, and a southwest line of a called 6.00 acre tract conveyed to
Samantha Conole recorded in Volume 1681, Page 299 of the BCOPR, 4523.53 feet to a point
for corner;
THENCE, South 13°53'13" West, along the southeast line of said 552.905 acre tract, along the
northwest line of said 6.00 acre tract, along the west line of a called 5.604 acre tract conveyed
to Samantha Conole recorded in Volume 1685, Page 221 of the BCOPR, and the west line of a
called 6.348 acre tract conveyed to Charles Anderson II, recorded in Volume 1647, Page 281 of
the BCOPR, 1613.08 feet to a point for corner being a southeast corner of said 552.905 acre
tract, also being a northeast corner of a called 10.01 acre tract to Laredo Energy recorded in
Volume 11588, Page 220 of the BCOPR;
THENCE, along the south line of said 552.905 acre tract, being the north and west lines of said
10.01 acre tract, the following four (4) courses and distances;
1. North 76°35'25" West, 574.92 feet to a point for corner;
2. South 14°00'53" West, 286.04 feet to a point for corner;
3. South 86°03'48" West, 349.65 feet to a point for corner;
4. South 09°25'22" West, 165.58 feet to a point for corner marking the northwest corner of
a called 20.00 acre tract to Sharyn Conole recorded in Volume 11561, Page 232 of the
BCOPR;
Brazos County Municipal Utility District No. 1
District Boundary
552.9 Acres
S.D. Smith Survey
Abstract No. 210
THENCE, along the west line of said 20.00 acre tract, the following four (4) courses and
distances:
1. South 04°14'54" East, 117.42 feet to a point for corner;
2. South 26°26'44" West, 114.20 feet to a point for corner;
3. South 07°20'44" West, 314.98 feet to a point for corner;
4. South 10°05'29" West, 282.26 feet to a point for corner marking the southwest corner of
said 20.00 acre tract, being in the north right-of-way of Peach Creek Cutoff Road;
THENCE, South 86°59'09" West, along the north line of said Peach Creek Cutoff Road, 71.87
feet to a point for corner, being the southeast corner of Lot 1, Block 1 of the LGL Subdivision
recorded in Volume 5996, Page 197 of the BCOPR;
THENCE, along the south line of said 552.905 acre tract, being along the east, north, and west
lines of said Lot 1 Block 1, the following four (4) courses and distances:
1. North 10°05'29" East, 296.88 feet to a point for corner;
2. North 07°20'44" East, 113.30 feet to a point for corner;
3. South 86°59'29" West, 586.03 feet to a point for corner;
4. South 02°57'21" East, 400.65 feet to a point for corner being the southwest corner of
said Lot 1 Block 1, also being in the north line of said Peach Creek Cutoff Road;
THENCE, along the north line of said Peach Creek Cutoff Road, being the south line of said
552.905 acre tract, the following three (3) courses and distances:
1. South 86°59'09" West, 182.01 feet to a point for corner;
2. South 89°04'20" West, 850.85 feet to a point for corner;
3. North 73°35'16" West, 273.19 feet to a point for corner in the east line of a called 3.333
acre tract conveyed to GSI Oil & Gas Inc. recorded in Volume 2144, Page 173 of the
BCOPR;
THENCE, along the southeast, northeast and northwest lines of said 3.333 acre tract, being the
southwest line of said 552.905 acre tract, the following four (4) courses and distances:
1. North 16°28'27" West, 121.52 feet to a point for corner;
2. North 37°34'13" East, 169.28 feet to a point for corner;
3. North 52°25'47" West, 501.14 feet to a point for corner;
4. South 37°37'29" West, 278.22 feet to a point for corner in the northeast line of
aforementioned Highway 6;
Brazos County Municipal Utility District No. 1
District Boundary
552.9 Acres
S.D. Smith Survey
Abstract No. 210
THENCE, along the northeast line of said Highway 6, being the southwest line of said 552.905
acre tract, the following three (3) courses and distances:
1. North 52°20'20" West, 199.00 feet to a point for corner;
2. North 54°51'16" West, 2308.70 feet to a point for corner;
3. North 60°19'08" West, 243.16 feet to a point for corner marking the south corner of the
Viking Subdivision recorded in Volume 5973, Page 11 of the BCOPR;
THENCE, along the southeast and northeast line of the Viking Subdivision, the following two (2)
courses and distances:
1. North 39°21'01" East, 442.04 feet to a point for corner;
2. North 60°25'37" West, 399.87 feet to a point for corner marking the north corner of said
Viking Subdivision, being in the southeast line of a called 9.306 acre tract conveyed to
Texas World Speedway recorded in Volume 3363, Page 197 of the BCOPR;
THENCE, along the southeast line, north line, and northwest line of said 9.306 acre tract, the
following five (5) courses and distances:
1. North 39°22'29" East, 410.88 feet to a point for corner;
2. North 82°59'07" West, 522.73 feet to a point for corner;
3. North 89°15'40" West, 157.48 feet to a point for corner;
4. South 79°48'33" West, 49.99 feet to a point for corner;
5. South 36°51'11" West, 484.45 feet to a point for corner being the west corner of said
9.306 acre tract, being in the northeast line of aforementioned Highway 6;
THENCE, along the northeast line of Highway 6, being the southwest line of aforementioned
552.905 acre tract, the following two (2) courses and distances:
1. North 54°37'53" West, 215.86 feet to a point for corner;
2. North 47°36'20" West, 267.76 feet to the POINT OF BEGINNING, CONTAINING 552.9
acres of land in Brazos County, Texas as shown on the Brazos County MUD No.1
Political Boundary Map.
This document was prepared under 22 TAC 663.21, and does 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 rights and interests implied or established by the creation or configuration •olitical
subdivision for which it was prepared.
C0108/0002/Survey/Docs/District Political BDY
.Np............F
DOUGLAS S. BRAMWELL
SUP44
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