Loading...
HomeMy WebLinkAboutORD 18-047ORDINANCE NO. 18-047 AN ORDINANCE APPROVING THE PETITION FOR CONSENT TO INCLUDE ADDITIONAL LAND IN JEFFERSON COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 10. WHEREAS, LSP Highway 347, LLC submitted a request for public water services to their approximately 97.11 acre tract of land off of Highway 347; and, WHEREAS, the City of Beaumont Water Utilities Department determined the City does not have the capacity nor the infrastructure to supply water to the property without limiting water services to its customers; and, WHEREAS, the City of Beaumont Water Utilities Department suggested that Jefferson County Water Control and Improvements District No. 10 provide water services to the approximately 97.11 acre tract of land; and, WHERES, the City of Beaumont has reviewed the Petition for Consent to Include Additional Land in Jefferson County Water Control and Improvements District No. 10 on behalf of LSP Highway 347, LLC covering approximately 97.11 acres of land in Jefferson County, Texas; and, WHEREAS, the approximately 97.11 acre tract of land is located outside the city limits of Beaumont, but within the Extraterritorial Jurisdiction (ETJ) and Certificate of Convenience and Necessity (CCN) area; and, WHEREAS, the City of Beaumont has no objection to releasing the approximately 97.11 acre tract of land from the CCN area at the appropriate time; and, WHEREAS, the City of'Beaumont consents to the 97.11 acre tract of land being served by Jefferson County Water Control and Improvement District No. 10; and, WHEREAS, the Petition for Consent to Include Additional Land in Jefferson County Water Control and Improvement District No. 10 is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes; and, WHEREAS, the City Council has considered the purpose of said Petition for Consent and is of the opinion that the acceptance of said petition is necessary and desirable and is in the best interest of the City of Beaumont and that same should be accepted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, THAT a Petition for Consent to Include Additional Land in Jefferson County Water Control and Improvement District No. 10 for an approximately 97.11 acre tract of land as described and shown in Exhibit "A," attached hereto, be and the same is hereby, in all things, accepted for the purposes stated herein; and, BE IT FURTHER ORDAINED THAT the City of Beaumont hereby consents to the inclusion of the referenced land into Jefferson County Water Control and Improvement District No. 10 for the stated purposed as referenced in its Petition for Consent; and, BE IT ALSO ORDAINED THAT the. District construct all facilities, to City standards, to serve the land in accordance with plans and specifications which have been approved by the City of Beaumont. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of August, 2018. PETITION FOR CONSENT TO INCLUDE ADDITIONAL LAND IN JEFFERSON COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 10 THE STATE DF TEXAS § COUNTY OF JEFFERSON § TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF BEAUMONT: LSP Highway 347 LLC, a Texas limited liability company, 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 Jefferson County, Texas ("Landowner"), and Jefferson County Water Control and Improvement District No. 10 ("District") (Landowner and District hereinafter called "Petitioner"), acting pursuant to the provisions of Section 42.0425, Texas Local Government Code, as amended, respectfully petition for consent to include additional land in a water control and improvement district. In support of this petition, Petitioner shows as follows: I. The District, to which the land hereinafter described is sought to be annexed, exists under the terms and provisions of Article XVI, Section 59 of the Constitution of Texas and Chapters 49 and 51, Texas Water Code, as amended. Landowner is 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 Jefferson County, Texas. Landowner represents and warrants that there are no holders of liens against said land. Q "The land sought to be added to the District contains approximately 97.11 acres of land, more or less, and lies wholly within. Jefferson County, Texas. No part of said area is within the limits of any incorporated city or town. Under the provisions of Section 42.001, Local Government Code, as amended, said area is within the extraterritorial jurisdiction of the Cities of Nederland and Beaumont, Texas and is not within such jurisdiction of any other city. All of the territory to be annexed may properly be annexed to the District. EXHIBIT "A" ni The land sought to be added to the area of the District is described by metes and bounds in Exhibit "A" attached hereto and incorporated herein for all purposes. N. The general nature of the work 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: (1) provide a water supply for municipal, domestic and commercial purposes; (2) collect, transport, process, dispose of and control all domestic, industrial or communal wastes whether in fluid, solid or composite state; (3) gather, conduct, divert and control local storm water or other harmful excesses of water in the area; and (4) provide, operate and maintain a fire department and/or firefighting services ("firefighting -facilities") within the area. V. The area of the District is urban in nature, is within the growing environs of the City of Beaumont, and is in close proximity to populous and developed sections of Jefferson County. 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 fire -fighting facilities, nor is it presently economically 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 territories adjacent thereto require the installation and acquisition of adequate water, sanitary sewer, drainage and fire -fighting facilities for and within the land sought to be added to the District. 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 fire -fighting facilities. WlffiREFORE, Petitioner respectfully prays that this petition be granted in all respects and that the City of Beaumont give its consent to the annexation of the aforesaid land into said District. -2- IN WITNESS WHEREFORE, Petitioner has executed this Petition on this the/()4k day of August, 2018. Landowner LSP Highway 347 LLC, a Texas limited liability compare r� e: obert . Chandler Title: Manager THE STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on this LO -41' day of August, 2018, by Robert H. Chandler, Manager of LSP Highway 347 LLC, a Texas limited liability company,'on behalf of said limited liability company. WANDA SUE HENDERSON Notary Public, State of Texas .oc Comm. Expires D7-25-2022 irF UF`� Notary ID 1871807 (SEAL) Notary Public in and for the State of Texas -3- Attest: By: Name: . Title: Secretary, Board of Directors (SEAL) District JEFFERSON COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 10 By: Name: Title: President, Board of Directors m I'W CII:39II1 Legal Description of the Property TRACT 1: BEING 96.33 acres of land out of and a part of Tract III, Walker -Arena Hwy 347, recorded in File No. 2015010541, Official Public Records, Jefferson ,County, Texas, part of the Pelham Humphries Survey, Abstract No. 32, and part of the J. S. Johnson Survey Abstract No. 34, Jefferson County, Texas; said 96.33 acre tract being more fully described by metes and bounds as follows, to wit: Note: Bearings, coordinates, distances and acreage are based on the Texas Coordinate System of 1983, South Central Zone, US Survey Feet, and are referenced to SmartNet, North America. COAMENCING at a brass disk found in concrete for the Northeast corner of Tract IV of said Walker -Arena Hwy 347 plat; said brass disk being on the Southwesterly right of way line of a dedicated road named State Highway 347, a.k.a. Twin City Highway, and Southeast corner of a (Called 7.595) acre tract of land described in a deed to E. I. DU PONT DE NEMOURS & COMPANY, recorded in Volume 845, Page 48, Deed Records, Jefferson County, Texas; having a Texas Coordinate of N: 13948890.88, E: 3538794.39; THENCE, South 51 deg., 35 min., 00 sec., East (Called South 51 deg., 35 min., 09 sec., East), on the Southwesterly right of way line of said State Highway 347, a distance of 884.61' to a %2" steel rod, capped and marked "SOUTEX", found for the Southeast corner of a (Called 10.83) acre tract of land described in a deed to Triangle Waste Properties, LP, recorded in File No. 2017034093, Official Public Records, Jefferson County, Texas; said %2" steel rod being the most Easterly Northeast comer of the herein described tract; having a Texas Coordinate of N: 13948341.61, E: 3539487.42; THENCE, South 51 deg., 35 min., 11 sec., East (Called South 51 deg., 35 min., 09 sec., East), continuing on the Southwesterly right of way line of said State Highway 347, a distance of 315.82' passing a 5/8" steel rod, capped and marked "JAMA GROUP", found for a common comer of said Tract III and a (Called 61.526) acre tract of land described in a deed to Walker -Arena Land Holdings, LLC, recorded in File No. 2013040591, Official Public Records, Jefferson County, Texas, continuing for a total distance of 1566.46' to a 5/8" steel rod found in concrete for the Northeast corner of a (Called 2.000) acre tract of land described in a deed to 347 Partners, LTD, recorded in File No. 2008004217, Official Public Records, Jefferson County, Texas; said 5/8" steel rod being the most Southerly Southeast corner of the herein described tract; THENCE, South 39 deg., 08 min., 50 sec., West, on the North line of said 347 Partners, LTD tract, the North line of a (Called 2.536) acre tract of land described in a deed to 347 -5- Partners, LTD tract, recorded in File No. 2008004808, Official Public Records, Jefferson County, Texas, the North line of a (Called 5.00) acre tract of land described in a deed to Kerr Enterprises, Inc., recorded in File No. 2002005775, Official Public Records, Jefferson County, Texas, and the North line of a (Called 60.136) acre tract of land described in a deed to Lower Neches Valley Authority, recorded in File No. 2007001740, Official Public Records, Jefferson County, Texas, a distance of 2133.51' to a 1/2" steel rod found for the Northwest corner of the (Called 60.136) acre tract on the Northeasterly line of a 100' wide Gulf States Utilities Company right of way, recorded in Volume 370, Page 38, Deed Records, Jefferson County, Texas; said %2" steel rod being the Southwest corner of the herein described tract; THENCE, North 52 deg., 25 min., 26 sec., West (Called North 52 deg., 25 min., 13 sec., West), on the, Northeasterly line of said Gulf States Utilities Company right of way, a distance of 1251.26' passing a 5/8" steel rod, capped and marked "JAMA GROUP", found for a common corner of said Tract III and the (Called 61.526) acre tract, continuing for a total distance of 2452.63' to a 5/8" steel rod, capped and marked "JAMA GROUP", found on the Southeasterly line of the (Called 7.595) acre tract; said 5/8" steel rod being the most Northerly Northwest corner of the herein described tract; THENCE, North 39 deg., 19 min., 32 sec., East (Called North 39 deg., 09 min., 39 sec., East), on the South line of the (Called 7.595) acre tract, a distance of 242.42' to a %2" steel rod, capped and marked "SOUTEX", found for the most Westerly corner of a (Called 0.5602) acre tract of land recorded as a Non -Exclusive Access and Utility Easement, recorded in File No. 2015017352, Official Public Records, Jefferson County, Texas; said 1/2" steel rod being an angle point on the Northwesterly line of the herein described tract; THENCE, South 50 deg., 54 min., 40 sec., East, on the Southwesterly line of the (Called 0.5602) acre tract, a distance of 59.88' to a %2" steel rod, capped and marked "SOUTEX", found for the most Northerly Northwest c6mer of Tract II of said Walker -Arena Hwy 347 tract; said Y2" steel rod being an angle point on the Northwesterly line of the herein described tract; THENCE, South 50 deg., 48 min., 5,7 sec., East (Called South 50 deg., 50 min., 21 sec., East), on the Southwesterly line of said Tract II, a distance of 466.75' (Called 466.69') to a %2" steel rod, capped and marked "SOUTEX", found for the most Southerly corner of said Tract II; THENCE, North 39 deg., 09 min., 23 sec., East (Called,North 39 deg., 09 min., 41 sec., East), on the Southeasterly line of said Tract II and Tract I of said Walker -Arena Hwy 347 plat, a distance of 933.68' to a %2" steel rod, capped and marked "SOUTEX", found for the most Easterly corner of said Tract 1; THENCE, North 50 deg., 50 min., 35 sec., West (Called North 50 deg., 50 min., 21 sec., West), on the Northerly line of said Tract I, a distance of 466.53' (Called 466.69') to a %2' steel rod, capped and marked "SOUTEX", found for the most Northerly corner of said Tract I; said %2" steel rod being on the Southerly line of a (Called 2.544) acre tract of land roll described as an Easement Estate for Access and Utilities to serve Tracts II through N, recorded in File No. 2015013861, Official Public Records, Jefferson County, Texas; THENCE, North 39 deg., 10 min., 06 sec., East (Called North 39 deg., 09 min., 4.1 sec., East), on the Southerly line of the (Called 2.544) acre tract, a distance of 294.89' (Called 294.82') to a'/z" steel rod, capped and marked "SOUTEX", found for corner; THENCE, continuing on the Southerly right of way line of the (Called 2.544) acre tract on the are of a curve to the right having a radius of 240.00', an are length of 68.16', a chord bearing of North 46 deg., 53 min., 31 sec., East, a chord distance of 67.93' to a %2" steel rod, capped and marked "SOUTEX", found for the most Westerly comer of the (Called 10.38) acre tract; said %2" steel rod being the most Northerly corner of the herein described tract; THENCE, South 50 deg., 50 min., 41 sec., East, on the Southwesterly line of the (Called 10.33) acre tract, a distance of 814.67' to a %2" steel rod, capped and marked "SOUTEX", found for the most Southerly corner of the (Called 10.83) acre tract; THENCE, North 39 deg., 11 min., 11 sec., East, on the Southeasterly line of the (Called 10.83) acre tract, a distance of 642.67' to the POINT OF BEGINNING and containing 96.33 acres of land, more or less. TRACT H: Tract Number N, of WALKER -ARENA HIGHWAY 347, a subdivision in Jefferson County, Texas as the same appears upon the map or plat thereof, on file and or record under County Clerk's File No. 2015010541, Official Public Records of Jefferson County, Texas. -7- • 16 Armira lk �_� .,^'� r{• Lj•,�- t��' ? '•`'� ,. s,'� �+�� � 4�'..�' � III + IL— fj I I F:, `s: — �'�.y'"i.�.�. vim. y� �'j. � � _r � •'� '. � .. v�! � ���j� �. •F , 'it� � . �, �r . � �1; `�� ' �� ,stir F-• � '' _ < � .. � �,. _ � ,r:. =' • f,t' uYa" UMF�r°"` +� f,��• x',11,-,.� f !t T