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HomeMy WebLinkAbout6183-10-2025 - City Council - ResolutionA RESOLUTION NO. 6183-10-2025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, GRANTING CONDITIONAL CONSENT OF A SPECIAL DISTRICT (MUNICIPAL UTILITY DISTRICT) PURSUANT TO ARTICLE XVI, SECTION 59 OF THE TEXAS CONSTITUTION AND THE INCLUSION OF APPROXIMATELY 857.416 ACRES OF LAND INTO SAID DISTRICT; MAKING FINDINGS RELATED THERETO; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Fort Worth, Texas, (the ""), a home rule municipality created under the laws of the State of Texas, received a request for its consent from GRBK Edgewood, LLC, ("(-,RR ) to the creation of a special district pursuant to Article XVI, Section 59 of the Texas Constitution (the "Wstrirl") encompassing approximately 857.416 acres, being more particularly described in Exhibit A attached hereto and incorporated by reference (the "Land ) into the boundaries of the District; and WHEREAS, GRBK intends to develop the Land as a mixed -use master -planned community (the "P�") in the City's extraterritorial jurisdiction; and WHEREAS, the District will be created and organized under the terms and provisions of Article XVI, Section 59, and Article III, Section 52, of the Constitution of Texas, and Chapters 49 and 54 of the Texas Water Code, as amended; and WHEREAS, Section 54.016 of the Texas Water Code and Section 42.042 of the Texas Local Government Code provide that land within the extraterritorial jurisdiction of a municipality may not be included within a district without written consent of such municipality; and WHEREAS, GRBK and the City intend for the City to be the retail provider of water and sewer service to the Project and GRBK agrees to construct certain facilities and improvements necessary for the Project and to the extension and expansion of City water and sewer systems; and WHEREAS, the City desires to evidence its conditional support and consent to the creation of the District within the extraterritorial jurisdiction of the City and the inclusion of the Land within the District subject to the terms of that certain development agreement (the "l)avalapin,, nt 4mwavrpu ") and strategic partnership agreement (the "Strategic Partnership A 2re ") to be negotiated between the City and GRBK 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 of the City ("Citi, Caiiurd") and they are hereby approved and incorporated into the body of this Resolution as if copied in their entirety. Section 2. City Council hereby grants its support and consent to the creation of the District to be created pursuant to Article XVI, Section 59 of the Texas Constitution and operated under Chapters 49 and 54 of the Texas Water Code, as amended, and to the inclusion of Land described more particularly in Exhibit A within the boundaries of the District, conditioned upon the following: 2.1 The Project will be developed in accordance with the Subdivision Ordinance of the City and all development and infrastructure policies, rules, and regulations, as more specifically set forth in the Development Agreement; 2.2 All public infrastructure constructed to serve the Project shall be designed and constructed in accordance with plans and specifications approved by the City, as more specifically set forth in the Development Agreement; 2.3 The City shall have the right to inspect all public infrastructure constructed to serve the Project, as more specifically set forth in the Development Agreement; 2.4 The City shall be the retail water and sewer provider to the Project whose end -users shall pay outside city limit rates and all other applicable water and sewer charges, and the City shall maintain all its rights and privileges under its Certificate of Convenience and Necessity; 2.5 The Project will be developed in accordance with the Neighborhood and Community Park Dedication Policy of the City of Fort Worth, Texas, as more specifically set forth in the Development Agreement; and 2.6 The City will have the unilateral option to annex the entire Project and commercial areas in the Project into the corporate limits of the City upon satisfaction of certain conditions set forth in the Development Agreement and Strategic Partnership Agreement; and 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 the extraterritorial jurisdiction. Section 5. The City Council further states that this Resolution is provided subject to and in reliance upon the terms of the Development Agreement and Strategic Partnership Agreement, which may be entered into by and between the City, GRBK, and the District. The District shall execute a joinder and become a party to the Development Agreement upon the District's organization. The City does not consent to the organization of the District, elections, or issuance of bonds from any revenue available to the District until the Development Agreement is executed, if at all. The City hereby revokes its consent without further action by the City if a Development Agreement is not approved and executed by the City on or before one hundred and fifty days (150) 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 28TH day of October 2025 , �0-0 ATTEST: oll, o��� a �vo o= 0 0 O 0 Jannette S. Goodall, City Secretary d °0o O. *� dar0000000 x A5ICY aa4 Y EXHIBIT A (Legal Description of the Land to be included in the District) TRACT 1 BEING 617.436 GROSS -ACRES OF LAND SITUATED IN THE W. L. HOLT SURVEY, ABSTRACT NO. 1932, THE W. M. DURHAM SURVEY, ABSTRACT NO. 1787, THE EVELINE E. EDWARDS SURVEY, ABSTRACT NO. 1815, THE E. M. BROWN SURVEY, ABSTRACT NO. 247 AND THE M. E. P. & P. RR. CO. SURVEY, ABSTRACT NO. 1138, TARRANT COUNTY, TEXAS, AND A PORTION OF THOSE TRACTS OF LAND DESCRIBED AS TRACT 1-TRACT 4 TO TOM SHELTON MARITAL TRUST BY DEED RECORDED IN VOLUME 15170, PAGE 102, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS, AND THOSE TRACTS OF LAND DESCRIBED AS TRACT 1-TRACT 3 TO BARABARA D. SHELTON BY DEED RECORDED IN COUNTY CLERK FILE NO. D205166020 OF SAID OFFICIAL PUBLIC RECORDS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A MAG-NAIL FOUND WITHIN TINSLEY LANE (AN APPARENT PRESCRIPTIVE RIGHT-OF-WAY), FROM WHICH A MAG-NAIL FOUND FOR THE NORTHERNMOST NORTHWEST CORNER OF SAID SHELTON TRACT BEARS NORTH 89°59'03" WEST, A DISTANCE OF 110.01 FEET; THENCE SOUTH 89059'03" EAST, WITH SAID RIGHT-OF-WAY, A DISTANCE OF 1185.83 FEET TO A NAIL WITH SHINER STAMPED "LJA SURVEYING" SET AT THE NORTHWEST CORNER OF A TRACT OF LAND DESCRIBED TO JAMES PHILLIPS BY DEED RECORDED IN COUNTY CLERK FILE NO. D205336791 OF SAID OFFICIAL PUBLIC RECORDS; THENCE SOUTH 00023' 17" WEST, WITH THE WEST LINE OF SAID PHILLIPS TRACT AND CONTINUING WITH THE WEST LINE OF A TRACT OF LAND DESCRIBED TO MISTY PHILLIPS AND JAMES C. PHILLIPS BY DEED RECORDED IN COUNTY CLERK FILE NO. D215289689 OF SAID OFFICIAL PUBLIC RECORDS, A DISTANCE OF 482.65 FEET TO A 1/2-INCH CAPPED IRON ROD STAMPED `BARNEY BALLARD" FOUND FOR THE SOUTHWEST CORNER OF SAME TRACT; THENCE NORTH 89059'47" EAST, WITH THE SOUTH LINE OF SAID MISTY AND JAMES PHILLIPS TRACT, A DISTANCE OF 904.73 FEET TO A 1/2-INCH CAPPED IRON ROD FOUND FOR THE SOUTHEAST CORNER OF SAME TRACT; THENCE NORTH 00000' 13" WEST, WITH THE EAST LINE OF SAID MISTY AND JAMES PHILLIPS TRACT, A DISTANCE OF 482.34 FEET TO A NAIL WITH SHINER STAMPED "LJA SURVEYING" SET WITHIN SAID RIGHTOF-WAY; THENCE SOUTH 89059'03" EAST, WITH SAID RIGHT-OF-WAY, A DISTANCE OF 749.36 FEET TO A NAIL WITH SHINER STAMPED '`LJA SURVEYING" SET; THENCE SOUTH 00003'03" EAST, A DISTANCE OF 15.01 FEET TO A 3/4-INCH IRON ROD FOUND ON THE APPARENT SOUTH RIGHT-OF-WAY LINE OF TINSLEY LANE; THENCE NORTH 89°44'31" EAST, WITH SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 2061.29 FEET TO A 5/8-INCH CAPPED IRON ROD STAMPED "LJA SURVEYING" SET AT THE NORTHEAST CORNER OF SAID SHELTON TRACT ON THE WESTERLY RIGHT-OF-WAY LINE OF UNION PACIFIC RAILROAD COMPANY AND THE BEGINNING OF A NON -TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 6398.51 FEET AND A CHORD THAT BEARS SOUTH 12043'54" EAST, 2207.99 FEET; THENCE WITH THE EASTERLY LINE OF SAID SHELTON TRACT, THE FOLLOWING COURSES AND DISTANCES: WITH SAID WESTERLY RIGHT-OF-WAY LINE AND CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 19052' 16", AN ARC -DISTANCE OF 2219.10 FEET TO A 1/2-INCH IRON ROD FOUND; SOUTH 22°09' 16" EAST, A DISTANCE OF 639.63 FEET TO A 1/2-INCH IRON ROD FOUND; SOUTH 89°23'04" WEST, A DISTANCE OF 422.57 FEET TO A 5/8-INCH CAPPED IRON ROD STAMPED "LJA SURVEYING" SET (HEREINAFTER REFERRED TO AS "CAPPED IRON ROD SET"); SOUTH 00°26'34" EAST, A DISTANCE OF 1994.49 FEET TO A CAPPED IRON ROD SET FOR THE SOUTHEAST CORNER OF SAID SHELTON TRACT; THENCE SOUTH 89021'31" WEST, WITH THE SOUTHERLY LINE OF SAID SHELTON TRACT, A DISTANCE OF 3655.33 FEET TO A 5/8-INCH CAPPED IRON ROD STAMPED "'MOSS 5882" FOUND FOR A REENTRANT CORNER OF SAME TRACT; THENCE SOUTH 00018'23" EAST, WITH THE EASTERLY LINE OF SAID SHELTON TRACT, A DISTANCE OF 1822.20 FEET TO THE CALLED NORTH RIGHT-OF-WAY LINE OF PEDEN ROAD (A PRESCRIPTIVE RIGHT-OF-WAY), FROM WHICH A FENCE POST FOUND BEARS SOUTH 00018'23" EAST, 10.29 FEET; THENCE SOUTH 89034'02" WEST, WITH SAID CALLED RIGHT-OF-WAY LINE, DISTANCE OF 1538.74 FEET TO A CAPPED IRON ROD SET FOR CORNER; THENCE OVER AND ACROSS SAID SHELTON TRACTS, THE FOLLOWING COURSES AND DISTANCES: NORTH 00015'30" WEST, A DISTANCE OF 630.24 FEET TO A CAPPED IRON ROD SET FOR THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 493.99 FEET AND A CHORD THAT BEARS NORTH 04029' 11" EAST, 81.72 FEET; WITH SAID CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 9029'22", AN ARC -DISTANCE OF 81.82 FEET TO A CAPPED IRON ROD SET; NORTH 09013'51" EAST, A DISTANCE OF 277.08 FEET TO A CAPPED IRON ROD SET FOR THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 564.06 FEET AND A CHORD THAT BEARS NORTH 04025'42" EAST, 94.44 FEET; WITH SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 9.36' 16", AN ARC -DISTANCE OF 94.55 FEET TO A CAPPED IRON ROD SET; NORTH 00022'26" WEST, A DISTANCE OF 2609.91 FEET TO A CAPPED IRON ROD SET FOR THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 606.02 FEET AND A CHORD THAT BEARS NORTH 05036'47" WEST, 110.67 FEET; WITH SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 10°28'42", AN ARC -DISTANCE OF 110.83 FEET TO A CAPPED IRON ROD SET; NORTH 10051'08" WEST, A DISTANCE OF 223.16 FEET TO A CAPPED IRON ROD SET FOR THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 494.01 FEET AND A CHORD THAT BEARS NORTH 0.5036'59" WEST, 90.16 FEET; WITH SAID CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 10028' 18", AN ARC -DISTANCE OF 90.29 FEET TO A CAPPED IRON ROD SET; NORTH 00022'50" WEST, A DISTANCE OF 102.62 FEET TO A CAPPED IRON ROD SET; NORTH 00014'54" WEST, A DISTANCE OF 2415.45 FEET TO THE POINT OF BEGINNING AND CONTAINING A CALCULATED AREA OF 617.436 GROSS -ACRES (26,895,526 SQ. FEET) OF LAND, OF WHICH A 0.716-ACRE PORTION OF SAID SHELTON TRACT LIES WITHIN THE PRESCRIPTIVE RIGHT-OF-WAY OF TINSLEY LANE, FOR A TOTAL CALCULATED AREA OF 616.720 NET -ACRES (26,864,352 SQ. FEET) OF LAND. TRACT 2 BEING 240.696 ACRES OF LAND SITUATED IN THE T. & P. RR. CO. SURVEY, ABSTRACT NO. 1573 AND THE JOHN J. HOLT SURVEY, ABSTRACT NO. 1892, TARRANT COUNTY, TEXAS, AND BEING A PORTION OF THOSE TRACTS OF LAND DESCRIBED AS TRACT 1 AND TRACT 5 TO TOM SHELTON MARITAL TRUST BY DEED RECORDED IN VOLUME 15170, PAGE 102, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 3/4-INCH IRON ROD FOUND FOR THE NORTHWEST CORNER OF SAID TRACT 5, SAME BEING THE NORTHEAST CORNER OF A TRACT OF LAND DESCRIBED TO SANDSTROM BUSINESS PARK BY DEED RECORDED IN COUNTY CLERK FILE NO. D223180456 OF SAID OFFICIAL PUBLIC RECORDS; THENCE WITH THE NORTHERLY LINE OF SAID TRACT 5, THE FOLLOWING COURSES AND DISTANCES: NORTH 89°34'43" EAST, A DISTANCE OF 2662.18 FEET TO A 1/2-INCH CAPPED IRON ROD STAMPED "PARKHILL RPLS 6889" FOUND FOR A REENTRANT CORNER OF SAME TRACT; NORTH 00015'45" WEST, A DISTANCE OF 0.29 FEET; NORTH 89°35'07" EAST, A DISTANCE OF 15.08 FEET TO A 5/8-INCH CAPPED IRON ROD STAMPED "LJA SURVEYING" SET (HEREINAFTER REFERRED AS A "CAPPED IRON ROD SET" FOR THE NORTHEAST CORNER OF SAID TRACT 5; THENCE WITH THE EASTERLY LINE OF SAID TRACT 5, THE FOLLOWING COURSES AND DISTANCES: SOUTH 00016' 18" EAST, A DISTANCE OF 2110.50 FEET TO A 3/4-INCH IRON ROD FOUND; SOUTH 88°57'37" WEST, A DISTANCE OF 11.10 FEET TO A CAPPED IRON ROD SET; SOUTH 00°15'30" EAST, A DISTANCE OF 545.00 FEET TO A 3/4-INCH IRON ROD FOUND FOR THE SOUTHEAST CORNER OF SAID TRACT 5, SAME BEING ON THE NORTHERLY LINE OF SAID TRACT 1; THENCE OVER AND ACROSS SAID TRACT 1, THE FOLLOWING COURSES AND DISTANCES: NORTH 89037'34" EAST, A DISTANCE OF 59.77 FEET TO A CAPPED IRON ROD SET; SOUTH 00022'26" EAST, A DISTANCE OF 192.64 FEET TO A CAPPED IRON ROD SET FOR THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 454.06 FEET AND A CHORD THAT BEARS SOUTH 04025'42" WEST, 76.02 FEET; WITH SAID CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 903 6'16", AN ARC -DISTANCE OF 76.11 FEET TO A CAPPED IRON ROD SET; SOUTH 09013'51" WEST, A DISTANCE OF 277.08 FEET TO A CAPPED IRON ROD SET FOR THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 603.99 FEET AND A CHORD THAT BEARS SOUTH 04029' 11" WEST, 99.22 FEET; WITH SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 9°29'22", AN ARC -DISTANCE OF 100.03 FEET; SOUTH 00015'30" EAST, A DISTANCE OF 630.58 FEET TO A CAPPED IRON ROD SET ON THE CALLED NORTH RIGHT-OF-WAY LINE OF PEDEN ROAD (A PRESCRIPTIVE RIGHT-OF-WAY); THENCE SOUTH 89034'02" WEST, WITH SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 2650.58 FEET TO A CAPPED IRON ROD SET; THENCE NORTH 00023'57" WEST, WITH THE WESTERLY LINE OF SAID SHELTON TRACTS, PASSING A 1/2-INCH IRON ROD FOUND AT 12.44 FEET, A TOTAL DISTANCE IN ALL OF 1283.96 FEET TO A CAPPED IRON ROD SET; THENCE NORTH 00032' 18" WEST, CONTINUING WITH SAID WESTERLY LINE, A DISTANCE OF 2643.62 FEET TO THE POINT OF BEGINNING AND CONTAINING A CALCULATED AREA OF 240.696 ACRES (10,484,736 SQ. FEET) OF LAND.