HomeMy WebLinkAboutResolution 6051-01-2025.ti
A RESOLUTION
NO. 6051-01-2025
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS, GRANTING CONDITIONAL CONSENT TO THE CREATION OF A SPECIAL
DISTRICT (FRESH WATER SUPPLY DISTRICT) PURSUANT TO ARTICLE XVI,
SECTION 59 OF THE TEXAS CONSTITUTION AND THE INCLUSION OF 335
ACRES OF LAND INTO SAID DISTRICT; MAKING FINDINGS RELATED
THERETO; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Fort Worth, Texas (the "City"), a home rule municipality created
under the Iaws of the State of Texas, received a request for consent from BRN Piedmont, LLC
("BRN") to the creation of a special district pursuant to Article XVI, Section 59 of the Texas
Constitution (the "District") encompassing 335 acres in Tarrant County, Texas, as more
particularly described in Exhibit A, attached hereto and incorporated by reference (the "Land");
and
WHEREAS, BRN intends to develop the Land in the City's extraterritorial jurisdiction
("ETT') as a mixed -use master -planned community in accordance with the attached Conceptual
Plan in Exhibit B; and
WHEREAS, the District will be created pursuant to Article XVI, Section 59 of the Texas
Constitution and Chapter 53 of the Texas Water Code, by order of the Tarrant County
Commissioners Court as a Fresh Water Supply District and then the District will be converted into
a Water Control and Improvement District organized pursuant to Article XVI, Section 59, of the
Texas Constitution and Chapters 49 and 51 of the Texas Water Code, as amended; and
WHEREAS, Chapter 42 of the Texas Local Government Code provides that Iand within
a municipality or its extraterritorial jurisdiction may not be included within a special district
without such municipality's consent; and
WHEREAS, BRN and the City intend for the City to be the retail provider of water and
wastewater service to the Land and BRN agrees to construct certain facilities and improvements
necessary for the Project and the City's extension and expansion of its water and wastewater
systems; and
WHEREAS, the City wishes to evidence its conditional support and consent for the
creation of the District within the City's extraterritorial jurisdiction, subject to the terms of that
certain development agreement and strategic partnership agreement to be negotiated between the
City and BRN (the "Development Agreement") and the terms of this Resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS, THAT:
Section 1. All of the above premises are hereby found to be true and correct legislative
findings of the City Council and they are hereby approved and incorporated into the body of this
Resolution as if copied in their entirety.
Section 2. The City Council of the City (the "City Council") hereby grants its support
and consent for the creation of a district created pursuant to Article XVI, Section 59, Texas
Constitution, as amended, within its extraterritorial jurisdiction and the inclusion in the District of
land described more fully in Exhibit A, and specifically conditioned upon the following:
2.1 The development of the Land will be in accordance with the Subdivision
Ordinance of the City and all development and infrastructure policies, rules and regulations;
2.2 The District shall construct all facilities to serve the land in accordance with
plans and specifications that have been approved by the City;
2.3 The City shall have the right to inspect all facilities being constructed by
the District;
2.4 The City shall be the retail water and sewer provider to the District who
shall pay outside city limit rates and all other charges applicable, and the City shall maintain all its
rights and privileges under its Certificate of Necessity and Convenience;
2.5 The City's acknowledgement that the Conceptual Plan attached here to as
Exhibit B reflects BRN's anticipated development, and the City does not oppose BRN's
anticipated development in accordance with the Conceptual Plan;
2.6 The Land will be developed in accordance with the Neighborhood and
Community Park Dedication Policy of the City of Fort Worth, Texas; and
2.7 The City will have the option to annex the Land into the City of Fort Worth
upon dissolution of the District or satisfaction of bonds issued, whichever occurs first in time..
Section 3. The City Manager of the City, is hereby authorized to execute any documents
necessary to effectuate this Resolution.
Section 4. The City Council further states that it has not relinquished any rights, duties
or powers relating to its regulatory control within its extraterritorial jurisdiction.
Section 5. The City Council further states that this Resolution is provided subject to and
in reliance upon the terms of the certain Development Agreement and Strategic Partnership
Agreement, which may be entered into by and between the City and BRN. The District shall
execute a joinder and become a party to the Development Agreement upon its organization. The
City does not consent to the organization of the District, election, or issuance of bonds from any
revenue available to the District until the Development Agreement is executed, if at all, and this
consent further requires the order of Tarrant County creating the district to contain a provision
whereby the District, if created, shall be automatically dissolved without further action by the City
if a Development Agreement is not approved and executed by the City on or before one hundred
and twenty (120) days after the date of adoption of this Resolution.
Section 6. The City Council hereby finds and determines that sufficient written notice
of the date, hour, place and subject of this meeting of the City Council was posted as a place
convenient to the public at the City Hall of the City for the time required by law preceding this
meeting, as required by the Texas Open Meetings Act, contained in Chapter 551 of the Texas
Government Code, as amended, and that this meeting was open to the public and the subject matter
of this Resolution and its contents have been discussed, considered and formally acted upon by the
City Council. Further, the City Council ratifies, approves and confirms such written notice and the
contents and posting thereof, and the foregoing fully complied with all applicable law.
Section 7. This Resolution shall be effective from and after its passage by the City
Council.
Adopted this 28a' day of January 2025.
ATTEST:
b J&Ma-u
Jannette S. Goodall, City Secretary
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EXHIBIT A
(Legal Description of Property to be included in the District)
PROPERTY DESCRIPTION
STATE OF TEXAS:
COUNTY OF TARRANT:
SHEET 1 OF 4
BEING a tract of land situated in the M.E.P. & P. R.R. Co. Survey, Abstract No.
1138, the T. & P. R.R. Co. Survey, Abstract No. 1568, the R. Ganzara Survey,
Abstract No. 563, the Y. Samora Survey, Abstract No. 1385, and the J.J. Holt
Survey, Abstract No. 1892, Tarrant County, Texas, being all of that tract of land
as described in deed to BRN Piedmont LLC, recorded in 0224031219, Official
Public Records, Tarrant County, Texas (OPRTCT), being all of that tract of land as
described in Quitclaim Deed to BRN Piedmont LLC, recorded in 0224031220,
OPRTCT, and being more particularly described as follows:
BEGINNING at a 5/8" rebar capped Brookes Baker Surveyors found in the north
line of Bonds Ranch Road (120' R.O.W. per Parcel A, Volume 13449, Page 39,
Deed Records, Tarrant County, Texas) at the southeast corner of said BRN
Piedmont tract and the southwest corner of TRACT I as described in deed to
Pete and Jo Bonds Family Partnership, Ltd., recorded in 0213039813, OPRTCT,
from which a 1" rebar found bears North 89 degrees 23 minutes 42 seconds East,
3323.10 (Deed 3323.17 feet);
THENCE South 89 degrees 23 minutes 42 seconds Vilest, along the north line of
said Bonds Ranch Road and the south line of said BRN Piedmont tract, a
distance of 1681.01 feet to a 5/8" rebar capped Brookes Baker Surveyors found
at the southeast corner of a remainder portion of a tract of land as described in
deed to Bonds Ranch Investors II, Ltd., recorded in 0207444902, OPRTCT;
THENCE departing the north line of said Bonds Ranch Road, along the lines
common to said BRN Piedmont tract and a remainder portion of said Bonds
Ranch tract, as follows:
North 00 degrees 36 minutes 18 seconds West, a distance of 604.98 feet to
a 5/8" rebar capped Brookes Baker Surveyors found;
South 89 degrees 23 minutes 42 seconds West, a distance of 360.06 feet
5/8" rebar capped Brookes Baker Surveyors found;
South 00 degrees 36 minutes 18 seconds East, a distance of 604.98 feet
5/8" rebar capped Brookes Baker Surveyors found in the north line of said
Bonds Ranch Road at the southwest corner of a remainder portion of said
Bonds Ranch tract;
SHEET 2 OF 4
THENCE South 89 degrees 23 minutes 42 seconds West, along the north line of
said Bonds Ranch Road and the south line of said BRN Piedmont tract, a
distance of 1573.83 feet to 1 /2" rebar capped Goodwin & Marshall found at the
southwest corner of said BRN Piedmont tract and the southeast corner of Tract 2
as described in deed to MM Bonds 836, LLC, recorded in D224060969, OPRTCT,
from which a 1" rebar found bears South 89 degrees 23 minutes 42 seconds
West, 815.33 feet;
THENCE North 00 degrees 36 minutes 18 seconds West, departing the north line
of said Bonds Ranch Road, along the west line of said BRN Piedmont tract and
the east line of said MM Bonds 836 tract, at 3978.2 feet passing the center of the
asphalt pavement within Peden Road (an apparent prescriptive right -of --way),
continuing a total distance of 4008.29 feet to a 1 12" rebar capped GMCIVIL set
in the south line of the final plat of Eagle Vista Estates, Phase One, an addition to
Tarrant County, Texas as recorded in Cabinet A, Slide 2429, Plat Records, Tarrant
County, Texas, from which a 1 /2" rebar capped Goodwin & Marshall found
bears North 00 degrees 36 minutes 18 seconds West, 7.12 feet;
THENCE North 89 degrees 35 minutes 52 seconds East, departing the east line of
said MM Bonds 836 tract, along the south line of the final plat of said Eagle Vista
Estates, Phase One, a distance of 820.91 feet to a 1 /2" rebar capped MOSS
5122 found at the southeast corner of said final plat of said Eagle Vista Estates,
Phase One and the southwest corner of a remainder portion of a tract of land
as described in deed to Barbara Shelton, Trustee, recorded in D201240322,
OPRTCT;
THENCE North 01 degrees 17 minutes 24 seconds West, along the east line of
said Eagle Vista Estates, Phase One and the west line of said Shelton remainder
tract, a distance of 7.44 feet;
THENCE North 89 degrees 34 minutes 32 seconds East, departing the east line of
said Eagle Vista Estates, Phase One, across said Shelton tract, a distance of
3014.54 feet;
THENCE South 00 degrees 16 minutes 05 seconds East, across said Shelton tract,
at a distance of 9.40 feet passing the south line of said Shelton tract, continuing
along the east line of said BRN Piedmont tract and the west line of said Bonds
TRACT 1, at 38.4 feet passing the center of the asphalt pavement within said
Peden Road, at a distance of 63.25 feet passing a 518" rebar capped Brookes
Baker Surveyors found, continuing a total distance of 2483.34 feet to a 5/8" rebar
capped Brookes Baker Surveyors found;
SHEET 3 OF 4
THENCE along the east line of said BRN Piedmont tract and the west line of said
Bonds TRACT I, as follows:
South 89 degrees 36 minutes 39 seconds West, a distance of 200.27 feet
(Deeds 200.27 & 200.24 feet) to a 5/8" rebar capped Brookes Baker
Surveyors found;
South 00 degrees 23 minutes 43 seconds East, a distance of 1520.80 feet
(Deeds 1520.80 feet & 1520.73 feet) to the POINT OF BEGINNING and
containing 339.863 acres of land.
SAVE & EXCEPT from the 339.863 acre tract described above, that certain 5.001
acre tract of land described as follows:
BEING a tract of land situated in the Y. Samora Survey, Abstract No. 1385, Tarrant
County, Texas, being a remainder portion of that tract of land as described in
deed to Bonds Ranch Investors II, Ltd., recorded in D207444902, Official Public
Records, Tarrant County, Texas (OPRTCT), being all of Well Site 1 as described in
deed recorded in D2081 I8160, DUCT, and being more particularly described as
follows:
COMMENCING at a 5/8" rebar capped Brookes Baker Surveyors found in the
north line of Bonds Ranch Road (120' R.O.W. per Parcel A, Volume 13449, Page
39, Deed Records, Tarrant County, Texas) at the southeast corner of a tract of
land as described in deed to BRN Piedmont LP, recorded in D224031219, OPRTCT
and the southwest corner of TRACT I as described in deed to Pete and Jo Bonds
Family Partnership, Ltd., recorded in D213039813, OPRTCT;
THENCE departing the north line of said Bond Ranch Road, along the east line of
said BRN Piedmont tract and the west line of said Bonds TRACT 1, as follows:
North 00 degrees 23 minutes 43 seconds West, a distance of 1520.80 feet
to a 5/8" rebar capped Brookes Baker Surveyors found;
North 89 degrees 36 minutes 39 seconds East, a distance of 200.27 feet to
a 5/8" rebar capped Brookes Baker Surveyors found;
M
SHEET 4 OF 4
North 00 degrees] 6 minutes 05 seconds West, a distance of 2473.94 feet
to a point in the south line of a tract of land as described in deed to
Barbar Shelton, Trustee, recorded in 0201240322, OPRTCT, from which a
5/8" rebar capped Brookes Baker Surveyors found bears South 00 degrees
16 minutes 05 seconds East, 53.85 feet;
THENCE South 89 degrees 36 minutes 46 seconds West, along the south line of
said Shelton tract, a distance of 1204.37 feet
THENCE South 00 degrees 25 minutes 28 seconds East, departing the south line of
said Shelton tract, across said BRN Piedmont tract, a distance of 306.64 feet to a
5/8" rebar capped Brookes Baker Surveyors found at the northeast corner of said
5.001 acre tract and the POINT OF BEGINNING;
THENCE South 00 degrees 25 minutes 28 seconds East, a distance of 604.98 feet
to a 5/8" rebar capped Brookes Baker Surveyors found at the southeast corner of
said 5.001 acre tract; '
THENCE South 89 degrees 34 minutes 32 seconds West, a distance of 360.06 feet
to a 5/8" rebar capped Brookes Baker Surveyors found at the southwest corner
of said 5.001 acre tract;
THENCE North 00 degrees 25 minutes 28 seconds West, a distance of 604.98 feet
to a 5/8" rebar capped Brookes Baker Surveyors found at the northwest corner
of said 5.001 acre tract;
THENCE North 89 degrees 34 minutes 32 seconds East, a distance of 360.06 feet
to the POINT OF BEGINNING and containing 5.001 acres of land.
LEAVING a net acreage of 14,586,621 square feet or 334.863 acres of land, SAVE
& EXCEPT any rights to the public and others in and along said Peden Road.
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EXHIBIT B
Conceptual Plan
PRRGEL B
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