HomeMy WebLinkAboutResolution 5426-06-2021 A Resolution
NO. 5426-06-2021
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS CONSENTING TO THE ADDITION OF 522 ACRES OF LAND BY
ALPHA RANCH FRESH WATER SUPPLY DISTRICT NO. 1 OF DENTON AND
WISE COUNTIES; PROVIDING FOR SEVERABILITY AND DECLARING AN
EFFECTIVE DATE
WHEREAS, pursuant to Section 49.301 of the Texas Water Code, as amended, JLC Farm, LLC,
and BDAYT Limited Partnership (the "Landowner") has petitioned the City of Fort Worth for consent
for the addition of approximately 522 acres of land (the "Property") to the boundaries of Alpha Ranch
Fresh Water Supply District No. 1 of Denton and Wise Counties (the "District"); and
WHEREAS, the Property is located within the extraterritorial jurisdiction of the City of Fort
Worth, Texas (the "City"); and
WHEREAS, Section 42.0425 of the Texas Local Government Code requires that a political
subdivision such as the District may not add land that is located in the extraterritorial jurisdiction of a
municipality unless the governing body of the municipality gives its written consent by ordinance or
resolution; and
WHEREAS, the District has provided the City with a copy of the Landowner's petition for the
addition of the Property to the District and requested that the City provide a consent resolution
evidencing the City's consent to such addition of the Property to the District;
WHEREAS, the City Council finds that it is in the public interest to grant consent to the
addition of the Property to the District, taking into consideration the public health, safety and general
welfare;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS:
Section 1. Subject to the conditions set forth in Section 3 below, the City hereby consents to
the addition of the Property to the District, in accordance with the Landowner's petition to the City for
such addition. A copy of the Landowner's petition, including the legal description of the Property, is
attached hereto and incorporated herein by reference as Exhibit"A".
Section 2. The consent of the City to the addition of the Property to the District does not in
any way release the Property from the extraterritorial jurisdiction of the City.
Section 3. The City's consent to the addition of the Property to the District is contingent
upon the successful re-negotiation and execution of any development agreement or other agreements
with the City, including creation and operation agreements and utility agreements, if applicable.
Section 4. The terms and provisions of this Resolution shall be deemed to be severable and if
the validity of any section, subsection, sentence, clause, or phrase of this Resolution should be declared
to be invalid, the same shall not affect the validity of any other section, subsection, sentence, clause or
phrase of this Resolution.
Section 5. This Resolution shall take effect immediately upon its passage.
Adopted this 22nd day of June 2021.
ATTEST: ORT
O�F �
By:
r�� ��
Mary Kayser, City Secretary Ir
RESOLUTION EXHIBIT A
PETITION FOR CONSENT TO INCLUDE ADDITIONAL LAND
INTO ALPILA RANCH FRESH WATER SUPPLY DISTRICT NO. 1
OF DENTON AND WISE COUNTIES
STATE OF TEXAS
COUNTIES OF DENTON AND WISE §
TO THE HONORABLE MAYOR AND
CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
JLC FARM, LLC, and BDAVT LIMITED PARTNERSHIP, together being the
holder of title to all of; and therefore, a majority in value of the land hereinafter described, as
such values are indicated by the tax rolls of the central appraisal district of Wise County, Texas
("Landowners"), and Alpha Ranch Fresh Water Supply District No. l of Denton and Wise
Counties ("District') (Landowners and District hereinafter called "Petitioner'), acting pursuant
to the provisions of the Section 42.045, Texas Local Government Code, as amended, respectfully
petition for consent to include additional land in a fresh water supply district. In support of this
petition. Petitioner shows as follows:
1.
The District_ to which the land hereinafter described is sought to be annexed, exists under
the terms and provisions of Article XVI. Section 59 and Article IIL Section 52 of the
Constitution of Texas, and Chapters 49, 51, and for limited purposes 53, Texas Water Code, as
amended. Landowners together are the sole owner and holder of fee simple title to the land
sought to be annexed to the District. as indicated by the tax rolls of the central appraisal district
of Wise Countv. Texas. Landowners represent and warrant that there are no holders of liens
against said land
11.
The land sought to be added to the District contains approximately 522 acres of land.
more or less, as described in Exhibit -A", attached hereto and incorporated herein by reference..
and lies wholly within Wise County, Texas. No pan of said area is within the limits of any
incorporated city or town. tinder the provisions of Section 42.001, Local Government Code, as
amended. said area is •,,othin the extraterritorial jurisdiction of the City of Fart Worth and is not
within such jurisdiction of any other city All of the territory to be annexed may properly be
annexed to the District
III.
The general nature of the ork proposed to be done in the area sought to be annexed shall
be the purchase, construction, acquisition, repair, extension and improvement of land. easements.
works, improvements, facilities. plants. equipment and appliances necessary to:
41 i-621 d-RR21v d
(1) provide a water supply for municipal, domestic and commercial purposes,
(2) collect, transport, process, dispose of and control all dorestic. industrial or
communal wastes whether in fluid, solid or composite state.
(3) gather, conduct, divert and control local storm water or other hannful excesses of
water in the area: and
(4) the construction, operation and maintenance of roads serving the District.
IV
The area of the District is urban in nature. is within the growing environs of the City of
Fort Worth. and is in close proximity to populous and developed sections of Denton and Wise
Counties. There is a necessity for the improvements described above because the land sought to
be added to the District is not supplied with adequate water. sanitary sewer, drainage or road
facilities, nor is it presently economical!} feasible for such facilities to be added to said land.
The health and welfare of the present and future inhabitants of the District, the land sought to be
added to the District, and of the terri4mries adjacem thereto require the installation and acquisition
of adequate water. sanitary sewet, drainage and road facilities for the land sought to be added to
the District.
V
A public necessity exists for the addition of said lands to the District to promote and
protect the purity and sanitary condition of the State's waters and the public health and welfare
of the community. by and through the construction, extension, improvement. maintenance and
operation of water. sanitary sewer, drainage and road facilities.
WHEREFORL. Petitioner respectfully prays that this petition be granted in all respects
and that the City of Fort Worth give its consent to the annexation of the aforesaid land into said
District
IRemainder of Page lntentionallv Blank)
49i 1_<,!I_I-t;K23. 2
IN WITNESS WHEREFORE, Petitioner has executed this Petition on this the 7th day
of April , 2021.
Landowner
JLC FARN4. LLC,
a Texas limited
ll ability company
By �" I R� €
Name: Linda Griffeth Cray
Title. Manager
THE STATE OF TEXAS §
COUi,TY OF � §
This instrument was acknowledged before me on .- l1 202I, by
Linda Griffeth Gray. Manager of.TLC Farm, LL , on behalf of slid limited liability company.
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N(',� F'1,1.}.._.,.....••—� !:1tar:, Public i;1 and for the State of Te�;as
%%9Mrw+ AUTUMN SHEA SCOTT
�Notary Public.Stets of Teixaa
j"Z Comm.Expires 01-11-2022
%.►oi� `` Notary!Q 12510 _�
031-A214-R1123t 2
I.andownct
BDAYT LIMI 1 EI)PARTNERSHIP,
a Texas aimited parhw,.;hip
By.BDAYT GP.Ll i
a Texas limited Ilabilih compsn}
Its! Gictleral Partm
BY a
�
;n: •�_ _
NartLawre�c siMr wns
l itic Managing Member
I I IF.STATE OF TEXAS
rfx NTY OF 1`I C _
This' insure wra wu acknow icdgcd before me on A41- , 201.1. by
Lawrence R. Simmons. Managing Member of BDAYT GP. LU.. Ueneral Parbw of BDAYT
Limited Paffiw ship on hehaif of said limited parmership.
(NOTARY SF:A1.l Notary F*ubll in and nr the fi s of7�ti..���
WCAO C x ;a
EXHIBIT..A.,
TRACT (:
Being a 267.266 acre tract of land situated in the Smith County School Land Survey. Abstract
No. 743, Wise County, Texas. being all of that certain called 261.000 acre tract of land conveyed
to JLC Farm. LLC. of record in Document No. 2016-03051 Official Records, Wise County,
Texas, and being described in described in partition deed as First Tract to Billy Boyd Logan, and
wife_ Jan Logan as (East 100 acres of Block 4 & 6) and Second Tract to C.E. Griffeth and wife.
June Larue Griffeth(West 134 acres of Block 4 and 6) of record in Volume 223. Page 305 of the
Deed Records of Wise County, Texas. said subdivision of Smith County School Land Survey in
record in Volume P. Page 347 of the Deed Records of Wise County. Texas. and a portion of a
47.5 acre tract of land out of Lot 5. Smith County School Land Survey, as described in deed to
Scott Kelley. recorded in Volume 243, Page 485. Deed Records. Wise County- Texas, also being
a subdivision of Smith County School Land Survey, Save and Except, Remainder of 5 acre
(Parcel Two) Byron Hatfield, Trustee. as described in Volume 411 Page 785, Deed record Wise
County Texas and Save and Except 14.923 acres. to the State of Texas, as described in Volume
657. Page 320. Deed Records. Wise County Texas, and being more particularly described by
mete and bounds and follows:
BEGINNING at a 1/2-inch iron rod found in County Road 4840. the Southwest comer of said
47.5 acre tract. same being the southeast corner of a 62.43 acre tract of land conveyed to Roberta
Ann Remillard by deed of record in Volume 246_ Page 431 of the Real Property Records of Wise
County. Texas. and being in the North line of that certain called 285 acre tract of land described
in the deed to BDay Limited Partnership, recorded in Document No. 201811091, Official
Records. Wise County, Texas, from which a 1/2-inch iron rod found for reference bears
S89105'42"W, a distance of 344.48 feet.
THENCE along the west line of the 47.5 acre tract, same being the east line of the said 62.43
acre tract the following three(3) courses and distances.
I N00c'01'31"W (N00°38'22"E 1333.331, with the west line of the 47.5 acre tract. same
being the east line a distance of 1332.56 feet to a 518-inch iron rod with plastic cap stamped
"Landpoint" set(herein referred to as capped iron rod set) for corner.
2. S89059'40"E (S89°2I*I5"E 1 z28.74'), a distance of 1328.74 feet to a capped iron rod set
for a corner:
3 N00025'20"W (N00°13'05"E 1;40.82'), a distance of 1340.11 feet to a capped iron rod set
for the Southeast corner of that certain called 21.335 acre tract of land being described in the
Deed to Mendez. LTD., recorded in Volume 1040. Page 536. Deed Records, Wise County.
Texas:
THENCE N00022'38"W (S00"21'38"E). with the East line of said 21.335 acre tract of land, a
distance of 282.40 feet to a capped iron rod set for the Southwest corner of that certain called
5.00 acre tract of land described in the deed to Floyd Earl Gray and wife, Linda Griffeth Gray.
recorded in Volume 4 (2. Page 785, heed Records, Wise County, Texas:
4931-6211RR2Iv 2
THENCE N89048'22"E (S89049'E), with the South tine of said 5.00 acre tract of land, a distance
of 219.11 feet to a capped iron rod set for the Southeast corner thereof:
THENCE N00°22'38"W (North 855.27'). with the East line of said 5.00 acre tract of land. a
distance of 855.30 feet to a capped iron rod set in the South Right-of-Way Line of State Highway
114 for the Northwest corner of the herein described. said corner being at STA 182+67.66, (per
C.S.J. R.O.W. Map C.S.J. 353-01-017). from which a iron rod found for the northwest corner of
the remainder of 5.00 acre tract bears. S89°48'22"W, a distance of 218 80 feet.
THENCE with the South right-of-way line of said State Highway 114. the following five (5)
courses and distances:
I N89°48'22"E (record - S89°3901"E), a distance of 1432.03 feet (record - 1432.34 feet)to
a capped iron rod set for corner:
2. S59°13'48"E (record - S59°13'48"E). a distance of 116.62 feet (record - 116.62 feet) to a
capped iron rod set for corner.
3. N89°48'22"E(record - S89°39'0 FE). a distance of 900.00 feet(record - 000.00 feet)to a
capped iron rod set for corner.
4. N89°03'08"E (record - N`89°03'08-E), a distance of 760 07 feet (record - 760.07 feet)to a
3/4-inch iron rod deith cap stamped TXDOT found for corner:
5. N89°48'2?"E (record - S89°.3 9 01-E). a distance of 580 45 feet (record - 572.46 feet)to a
capped iron rod set for the northeast corner of said tract herein described, said corner being at
STA. 220- 32 46 (per C.S.J. R.O W Map C.S.3 353-01-017), from which a 518-inch iron rod
found for the northwest corner of that ce)lain called 171.89 acre tract of land described in the
deed to CTMGT Alpha Ranch, LLC. recorded in Document 'No. 2012-958). Official Records.
Wise County, Texas bears N88°57'33"E. a distance of 34 14 feet:
THENCE S00003'4Q"E (S00`0-T4C-"L-f. with the west line of said 171 89 acre tract of land and
with a west line of that certain called 1122.1.31) acre tract of land described in the deed to
CTMGT Alpha Ranch. LLC, recorded in Document No, 2012-9545. Official Records. Wise
County, Texas, a distance of 2416.66 feet to a capped iron rod set for a reentrant corner of said
1122.139 acre tract of land and the most easterly Southeast corner of said tract herein described.
same being the southeast comer of Lot 4. Smith County School Lands Subdivision,
THENCE S89022'30"W (N8Q-27'32"E 3744.75'), "rith the soutb line of the 266.254 acre tract,
same being the soutb line of the east 100 acre portion of Lots 4 & 6 and the north line of said
1122.139 acre tract of land: a distance of 3752.34 feet to a concrete monument found at the
northeast corner of the 47.5 acre tract. same being an angle point in the west line of the 1122.139
acre tract:
THENCE S00003'24"W (NO0`08'07"E 1320 58'). with the east line of the 47.5 acre tract. same
being the west line of said 1 )22.139 acre tract of land a distance of 1321.28 feet to a point in said
Countv Road 4840 at the northeast corner of said 285 acre tract of land and the most southeast
1811-62L :913% t
corner of the 47.5 acre tract. from which a mag nail found for reference bears N88°47'38"E, a
distance of 3 79 feet:
THENCE N89048'30"W (S89034'39"E 1555 66'.). along the south tine of the 47.5 acre tract, the
south line of Lot 5. Smith County School Lands Subdivision, the approximate centerline of
County Road 4840 and with the north line of said 285 acre tract of land, a distance of 1551.71
feet to the POINT OF BEGINNING and containing 266.254 acres of land.
TRACT 2:
Being all that certain tract or parcel of land situated in the M.E.P. & P R.R. Co. Survey. Ahstraci
No. 632, Wise County. Texas, being all of that certain called 285 acre tract of land described in
the deed to BDAYT Limited Partnership, recorded in Document No 201811091. Official
Records_ Wise County. Texas and being more particularly described by mete and bounds and
follows.
BEGINNING at the Southeast corner of the tract being described herein at a 3/8-inch iron rod
found in the West line of that certain called 1122.139 acre tract of land described in the deed to
CTMGT Alpha Ranch, LLC. recorded in Document No. 20t2-9545. Official Records. Wise
Counh% Texas for the Northeast confer of that certain tract of land described in the deed to Ann
Lindsey ReMiillard Draudt. recorded in Document No. 2008-19730. Official Records. Wise
County, Texas and the Southeasi corner of said 285 acre tract of land,from which a 1/2-inch iron
rod found for the Southwest corner of said 1122.139 acre tract of land bears S00°02'26"W. a
distance of 689 16 feet;
THENCE S89°46'09"W (West 31 16.67')- with the North line of said Draudt tract of land and the
South line of said 285 acre trace of land, a distance of 2840,97 feet to a 4-inch steel fence corner
post found for the Southeast comer of that certain tract of land described in the deed io Max
Lindsey Jr. and wife. Beverly Lindsey, recorded in Volume 1519. Page 187. Official Records,
Wise County. Texas and the Southwest corner of said tract herein described:
THENCE N00039'28"E (North 3983 3Y). with the East line of said Lindsey tract of land, a
distance of 1985.74 feei to a 1/2-inch iron rod found for the Northeast comer thereof and the
Southeast corner of that certain called 59.73 acre tract of land described in the deed to Craig K.
Lindsey. recorded in Volume 246, Page 427. Deed Records. Wise County. Texas:
Tt(ENCE N00°35'47"E (North 3983.33'). t ith the East line of said 59 73 acre tract of land,
passing at a distance of 1960.29 feet a 4-inch steel fence corner post found for reference and
continuing on said course for a total distance of 1977.58 feet to a point in County Road 4840. in
the South line of that certain called 62.43 acre tract of land described in the deed to Wanda L.
Foster. recorded in Volume 246, Page 419, Real Records, Wise County, Texas for the Northwest
corner of said tract herein described, from which a RJR spike found for reference bears
N25°26'36"W, a distance of 2.21 fleet.
THENCE S89°40'20"E (East 31 t 6 67'), along said County Road 4840 and «-ith the South line of
said 62.43 acre tract of land. a distance of 557 81 feet to a Mag Nail found for corner,
-1831-6214-XN23% 2
THENCE N89°05'37"E (East 3116 67'), continuing along said County Road 4840 and with the
South line of said 62.43 acre tract of land. a distance of 346.10 feet to a 1/2-inch iron rod found
for the Southeast corner thereof and the Southwest corner of that certain tract of land described
in the deed to Roberta Ann ReMillard. recorded in Volume 246. Page 431. Real Records, Wise
County_ Texas:
THENCE N89005'42"E (East 3 116.67').. continuing along said County Road 4840 and with the
South line of said ReMillard tract of land. a distance of 344.48 feet to a 1/2-inch iron rod found
for the Southeast corner thereof and the Southwest corner of that certain called 261.000 acre tract
of land described in the deed to JLC Farms, LLC. recorded in Document No. 201603051.
Official Records. Wise County. Texas:
THENCE S89048'30"E (East 3116.67'), continuing along said County Road 4840 and with the
South line of said 261,000 acre tract of land. a distance of 1552.08 feet to in the West line of said
1 122.139 acre tract of land for the most Southerly Southeast corner of said 261.000 acre tract of
land and the Northeast corner of said tract herein described, from which a Mag Nail found for
reference bears N88°47'38"E, a distance of 3.79 feet:
THENCE S00002'26"W (South 3983.33'), with the West line of said 1122.139 acre tract of land,
a distance of 3954.17 feet to the POINT OF BEGINNING and containing 256.399 acres of land.
0.11-6214-RR23v 2