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.
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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
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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
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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.
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