HomeMy WebLinkAboutOrdinance 23373-09-2018 ORDINANCE NO. 23373-09-2018
AN ORDINANCE DECLARING CERTAIN FINDINGS;
PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY
LIMITS OF THE CITY OF FORT WORTH; PROVIDING FOR
FULL-PURPOSE ANNEXATION OF A CERTAIN 280.6 ACRES OF
LAND, MORE OR LESS, AND APPROXIMATELY 7.263 ACRES
OF LAND MORE OR LESS OF RIGHT-OF-WAY, OUT OF THE
ANTONIO CASTELLO SURVEY, ABSTRACT NO. 271, THE W. H.
COLTHORP SURVEY, ABSTRACT NO. 286, ANTONIO
FERNANDES SURVEY, ABSTRACT NO. 506, JOHN KORTICKY
SURVEY,ABSTRACT NO. 914,AND THE INTERNATIONAL AND
GREAT NORTHERN RAILROAD COMPANY SURVEY,
ABSTRACT NO. 826, IN TARRANT COUNTY, TEXAS (CASE NO.
AX-18-003) WHICH SAID TERRITORY LIES ADJACENT TO AND
ADJOINS THE PRESENT CORPORATE BOUNDARY LIMITS OF
FORT WORTH, TEXAS; PROVIDING THAT THIS ORDINANCE
SHALL AMEND EVERY PRIOR ORDINANCE IN CONFLICT
HEREWITH; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL PRIOR ORDINANCES NOT IN DIRECT
CONFLICT; PROVIDING FOR SEVERABILITY; AND NAMING
AN EFFECTIVE DATE.
WHEREAS, the City of Fort Worth has received a petition in writing from
Bloomfield Homes Limited Partnership,the owner,requesting the full-purpose annexation
of 280.6 acres of land as described in Section 1, below(the "Property"); and
WHEREAS, the hereinafter described Property is in the City's exclusive
extraterritorial jurisdiction and is adjacent to and adjoins the City; and
WHEREAS, the City is a Tier 2 municipality for purposes of annexation under
Chapter 43 of the Texas Local Government Code ("LGC"); and
WHEREAS, Subchapter C-3 of the LGC permits the City to annex an area if each
owner of land in an area requests the annexation; and
WHEREAS, in accordance with Subchapter C-3 of Chapter 43 of the Texas Local
Government Code, the City section 43.0672 of the Texas Local Government Code,
Bloomfield Homes Limited Partnership and the City negotiated and entered into a written
agreement, City Secretary Contract No. 515U , for the provisions of municipal
services in the area; and
WHEREAS,the Property abuts 7.236 of an acre of county roads; and
WHEREAS, Chapter 43, of the Texas Local Government Code requires that when
a municipality proposes to annex territory that abuts a county road the municipality must
also annex the entire width of the county road and the adjacent right-of-way on both side
of the county road; and
WHEREAS, the City conducted two public hearings at which members of the
public who wished to present testimony or evidence regarding the Municipal Service
Agreement and Full-Purpose Annexation were given the opportunity to do so, in
accordance with the procedural requirements of Section 43.0673 of the Local Government
Code on August 21, 2018 at 3:00 p.m., on September 11, 2018, at 3:00 p.m., at the City
Council Chamber; and
WHEREAS,the City Council finds and determines that annexation of the Property
hereinafter described is in the best interest of the citizens of the City of Fort Worth and the
owners and residents of the area.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH, TEXAS:
SECTION 1.
That all portions of the Property, comprising approximately 280.6 acres of land,are
hereby annexed to the City of Fort Worth as a part of the city for all municipal purposes,
and the city limits are extended to include such Property being all that certain land
particularly described below and depicted as on Exhibit "A" attached to and incorporated
in this ordinance for all purposes.
All that certain lot, tract, or parcel of land, situated in a portion of the Antonio Castello
Survey, Abstract No. 271, the W. H. Colthorp Survey, Abstract No. 286, Antonio
Fernandes Survey, Abstract No. 506, John Korticky Survey, Abstract No. 914, and the
International and Great Northern Railroad Company Survey, Abstract No. 826, Tarrant
County, Texas, being all of those certain called 78 1/3 acre, 20 acre, 74 1/2 acre, and 100
acre tracts described in a deed to Crowley 272 Joint Venture recorded in Volume 12621,
Page 1596 of the Deed Records of Tarrant County, Texas (DRTCT), and being more
completely described as follows, to-wit:
BEGINNING at a 1" iron pipe found for the Northeast corner of said 100 acre tract, the
Southeast corner of a called 40.004 acre tract described in a deed to Sharon Lynn Sankary
recorded in Instrument No. D204323827 (DRTCT), and being in the West line of said 78
1/3 acre tract;
THENCE North 00 deg. 46 min. 54 sec. West along the West line of said 78 1/3 acre tract,
the East line of said 40.004 acre tract,the East line of a called 1.000 acre tract described in
a deed to DTH REO Inc. recorded in Instrument No. D215152949 (DRTCT),the East line
of a called 2.000 acre tract described in a deed to O. F. Bush, Sr., et al recorded in Volume
4777, Page 308 (DRTCT),and the approximate centerline of West Cleburne Road(County
Road No. 1035), a distance of 753.71 feet to a P.K. nail set with washer stamped
Annexation—AX-18-003 Ordinance No.23373-09-2018
Page 2 of 12
"GOODWIN &MARSHALL",hereinafter referred to as P.K. nail set with washer, for the
Northwest corner of said 78 1/3 acre tract;
THENCE North 89 deg. 37 min. 03 sec. East departing said centerline and continue along
the North line of said 78 1/3 acre tract,the South line of a called 40.006 acre tract described
in a deed to Jerry Savelle Ministries, Inc. recorded in Volume 13436, Page 290 (DRTCT),
and the South line of Lot 1, Block 1 of Heritage of Faith Christian Center recorded in
Cabinet A, Slide 11818 of the Plat Records of Tarrant County, Texas (PRTCT), at 24.44
feet pass a 1/2"iron rod found for the Southwest corner of a said 40.006 acre tract,continue
a total distance of 2776.07 feet to a P.K. nail set with washer for the Northeast corner of
said 78 1/3 acre tract and being in the approximate centerline of West Old Cleburne
Crowley Junction(County Road No. 1079);
THENCE South 00 deg. 34 min. 39 sec. East along the East line of said 78 1/3 acre tract,
the East line of said 20 acre tract, the East line of said 74 1/2 acre tract, and said
approximate centerline, a distance of 2837.06 feet to a 1/2" capped iron rod set stamped
"GOODWIN & MARSHALL", hereinafter referred to as 1/2" capped iron rod set, for the
Southeast corner of said 74 1/2 acre tract and being the projected centerline of said West
Old Cleburne Crowley Junction and West Cleburne Crowley Road (County Road No.
1018);
THENCE South 89 deg. 39 min. 30 sec. West along the South line of said 74 1/2 acre
tract, the South line of said 100 acre tract, and along the approximate centerline of said
West Cleburne Crowley Road, a distance of 4878.91 feet to a 1/2" capped iron rod set for
the Southwest corner of said 100 acre tract;
THENCE North 00 deg. 28 min. 21 sec. West along the West line of said 100 acre tract
and along said centerline, a distance of 2060.33 feet to a P.K. nail set with washer for the
Northwest corner of said 100 acre tract, from which a 1/2" capped iron rod found stamped
"4277" for the Northeast corner of Lot 21 of Garden Arbors Estates recorded in Cabinet
A, Slide 6031 (PRTCT) bears South 30 deg. 28 min. 19 sec. West— 58.34 feet;
THENCE North 89 deg. 05 min. 03 sec. East along the North line of said 100 acre tract
and along said centerline, a distance of 2101.76 feet to the POINT OF BEGINNING,
containing 12,222,802 square feet or 280.597 acres of land, more or less.
This document was prepared under 22 TAC 663.21, does not reflect the results of an on
the ground survey, and is not to be used to convey or establish interests in real property
except those rights and interests implied or established by the creation or reconfiguration
of the boundary of the political subdivision for which it was prepared.
Basis of Bearing: Bearings based on the Texas State Plane Coordinate System, North
Central Zone (4202) North American Datum 1983 (2011).
Annexation—AX-18-003 Ordinance No.23373-09-2018
Page 3 of 12
SECTION 2.
The above described territory is shown on Exhibit A attached hereto and expressly
incorporated herein by reference for the purpose of depicting the location of the
hereinabove described territory.
SECTION 3.
That all portions of the right-of-way,comprising approximately 7.263 acres of land,
are hereby annexed to the City of Fort Worth as a part of the city for all municipal purposes,
and the city limits are extended to include such right-of-way being all that certain land
particularly described below and depicted as on Exhibit B attached to and incorporated in
this ordinance for all purposes.
SECTION 4.
That the above described territory hereby annexed shall be part of the City of Fort
Worth, Texas, and the property so added hereby shall bear its pro rata part of the taxes
levied by the City of Fort Worth, Texas, and the inhabitants thereof shall be entitled to all
of the rights and privileges of all the citizens in accordance with the Service Plan and shall
be bound by the acts, ordinances, resolutions and regulations of the City of Fort Worth,
Texas.
SECTION 5.
MUNICIPAL SERVICES AGREEMENT
That the Municipal Services Agreement attached hereto as Exhibit C is approved
and incorporated into this ordinance for all purposes.
SECTION 6.
CUMULATIVE CLAUSE
This ordinance amends every prior ordinance in conflict herewith,but as to all other
ordinances or sections of ordinances not in direct conflict, this ordinance shall be, and the
same is hereby made cumulative.
SECTION 7.
SEVERABILITY CLAUSE
It is hereby declared to be the intent of the City Council that the sections,
paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any
phrase, clause, sentence, paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this ordinance, since the same would have been enacted by the
City Council without the incorporation in this ordinance of any unconstitutional phrase,
clause, sentence,paragraph or section.
Annexation—AX-18-003 Ordinance No.23373-09-2018
Page 4 of 12
SECTION 8.
SAVING CLAUSE
The City Council hereby declares it to be its purpose to annex to the City of Fort
Worth every part of the area described in Section 1 of this ordinance,regardless of whether
any part of such described area is hereby not effectively annexed to the City. Should this
ordinance for any reason be ineffective as to any part or parts of the area hereby annexed
to the City of Fort Worth for full purposes, the ineffectiveness of this ordinance as to any
such part or parts shall not affect the effectiveness of this ordinance as to the remainder of
such area.
SECTION 9.
EFFECTIVE DATE
This ordinance shall be in full force and effect upon adoption.
APPROVED AS AND LEGALITY:
Pelinda Ramos Mary J. K r
Senior Assistant City Attorney City Secretary
ADOPTED AND EFFECTIVE: September 11, 2018
Annexation—AX-18-003 Ordinance No.23373-09-2018
Page 5 of 12
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LEGAL DESCRIPTION
PROPOSED ANNEXATION
All that certain lot, tract, or parcel of land, situated in a portion of the Antonio Castello Survey,
Abstract No. 271, the W. H. Colthorp Survey, Abstract No. 286, Antonio Fernandes Survey,
Abstract No. 506, John Korticky Survey, Abstract No. 914, and the International and Great
Northern Railroad Company Survey, Abstract No. 826, Tarrant County, Texas, being all of the
30' dedicated right-of-way of County Road No. 1018 as shown in the Final Plat of Garden
Arbors Estates recorded in Cabinet A, Slide 6031 of the Plat Records of Tarrant County, Texas
(PRTCT), being part of the current occupied apparent prescriptive right-of-way of the West 25'
and North 25' of West Cleburne Road (County Road No. 1035),the South 25' of West Cleburne
Crowley Road (County Road No. 1018), the East 25' of West Old Cleburne Crowley Junction
(County Road No. 1079), and being more completely described as follows, to-wit:
BEGINNING at a 1/2" capped iron rod found stamped"4277" for the Northeast corner of Lot 21
of said Garden Arbors Estates, from which a 1/2" iron rod found for the Southeast corner of said
Lot 21 bears South 00 deg. 28 min. 21 sec. East— 155.16 feet and a 1/2" capped iron rod found
stamped "4277" for the Northwest corner of said Lot 21 bears South 89 deg. 10 min. 04 sec.
West—350.63 feet, said point being at the intersection of the South right-of-way line of West
Cleburne Road (County Road No. 1035) and the West right-of-way line of West Cleburne
Crowley Road (County Road No. 1018);
THENCE North 00 deg. 28 min. 21 sec. West, a distance of 74.81 feet to the North occupied
apparent prescriptive right-of-way line of West Cleburne Road (County Road No. 1035);
THENCE North 89 deg. 05 min. 03 sec. East along said North apparent prescriptive right-of-way
line, being 25.00 feet North of and parallel with the centerline of said West Cleburne Road, a
distance of 1986.91 feet to a Point of Curvature of a circular curve to the left, having a radius of
120.00 feet, a central angle of 89 deg. 51 min. 57 sec., and being subtended by a chord which
bears North 44 deg. 09 min. 04 sec. East- 169.51 feet;
THENCE in a northeasterly direction along said curve to the left and said prescriptive right-of-
way line, a distance of 188.21 feet;
THENCE North 00 deg. 46 min. 54 sec. West tangent to said curve and continue along the West
occupied apparent prescriptive right-of-way line of said West Cleburne Road, being 25.00 feet
West of and parallel with the centerline of same, a distance of 609.22 feet;
THENCE North 89 deg. 37 min. 03 sec. East, a distance of 25.00 feet to the Northwest corner of
a called 78 1/3 acre tract described as Tract 1 in a deed to Crowley 272 Joint Venture recorded in
Volume 12621, Page 1596 of the Deed Records of Tarrant County, Texas (DRTCT), said point
being in the centerline of said West Cleburne Road;
Page 1 of 3
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THENCE South 00 deg. 46 min. 54 sec. East along the West line of said 78 1/3 acre tract and
said centerline, a distance of 753.71 feet to a 1" iron pipe found for the Northeast corner of a
called 100 acre tract described as Tract 4 in said deed to Crowley 272 Joint Venture;
THENCE South 89 deg. 05 min. 03 sec. West departing the West line of said 78 1/3 acre tract
and continue along the North line of said 100 acre tract and the centerline of said West Cleburne
Road, a distance of 2101.76 feet to the Northwest corner of said 100 acre tract and being at the
intersection of the centerline of said West Cleburne Road and West Cleburne Crowley Road
(County Road No. 1018);
THENCE South 00 deg. 28 min. 21 sec. East along the West line of said 100 acre tract and the
centerline of said West Cleburne Crowley Road, a distance of 2060.33 feet to the Southwest
corner of said 100 acre tract;
THENCE North 89 deg. 39 min. 30 sec. East along the South line of said 100 acre tract, the
South line of a called 74 1/2 acre tract described as Tract 3 in said deed to Crowley 272 Joint
Venture, and along the centerline of said West Cleburne Crowley Road, a distance of 4878.91
feet to the Southeast corner of said 74 1/2 acre tract and being at the projected centerline of said
West Cleburne Crowley Road and West Old Cleburne Crowley Junction (County Road No.
1079);
THENCE North 00 deg. 34 min. 39 sec. West along the East line of said 74 1/2 acre tract, the
East line of a called 20 acre tract described as Tract 2 in said deed to Crowley 272 Joint Venture,
the East line of said 78 1/3 acre tract, and along the centerline of said West Old Cleburne
Crowley Junction, a distance of 2837.06 feet to the Northeast corner of said 78 1/3 acre tract;
THENCE North 89 deg. 37 min. 03 sec. East departing said centerline, a distance of 20.00 feet to
the occupied apparent prescriptive right-of-way of said West Old Cleburne Crowley Junction;
THENCE South 00 deg. 34 rein. 39 sec. East along said occupied apparent prescriptive right-of-
way, being 20.00 feet East of and parallel with the centerline of said West Old Cleburne Crowley
Junction, a distance of 2862.08 feet;
THENCE South 89 deg. 39 min. 30 sec. West along the occupied apparent prescriptive right-of-
way line of West Cleburne Crowley Road, being 25.00 feet South of and parallel with the
centerline of same, a distance of 4928.96 feet;
THENCE North 00 deg. 28 min. 21 sec. West being 30.00 feet West of and parallel with the
centerline of West Cleburne Crowley Road, a distance of 2035.22 feet to the POINT F
BEGINNING, containing 316,356 square feet or 7.263 acres of land, m or ss
Bearings are referenced to Texas State Plane Coordinate
System,North Central Zone (4202),North American p'(•,..
Datum of 1983 as derived from GPS observation. y'�.• GI E'•c ,
JOHN N. ROGERS
Exhibit map attached and made a part hereof. '`•........
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EXHIBIT C
y CITY SECRETARY
vg CCtJ 1 FACT NO. mil 3 -
MUNICIPAL SERVICES AGREEMENT
BETWEEN THE CITY OF FORT WORTH,TEXAS AND
ON,,���gOCROWLEY 272 JOINT VENTURE, ROCKY MOUNTAIN PROPERTIES,LLC AND
TASTY PIES PROPERTIES,LLC
This Municipal Services Agreement ("Agreement") is entered into on i day of
3ej1Rm�, 2018 by and between the City of Fort Worth, Texas, a home-rule
municipality of the State of Texas, ("City") and Crowley 272 Joint Venture, Rocky
Mountain Properties,LLC and Tasty Pies Properties,LLC (collectively, "Owner").
RECITALS
The parties agree that the following recitals are true and correct and form the
basis upon which the parties have entered into this Agreement.
WHEREAS, the City is currently classified as a Tier 2 municipality for purposes of
annexation under the Texas Local Government Code("LGC");
WHEREAS, Section 43.0671 of the LGC permits the City to annex an area if each
owner of land in an area requests the annexation;
WHEREAS, where the City elects to annex such an area, the City is required to enter
into a written agreement with the property owner(s) that sets forth the City services to be
provided for the Property on or after the effective date of annexation(the "Effective Date");
WHEREAS, Owner owns certain parcels of land situated in Tarrant County,
Texas, which consists of approximately 280.60 acres of land in the City's extraterritorial
jurisdiction, such property being more particularly described and set forth in Exhibit "A"
attached and incorporated herein by reference("Property");
WHEREAS, Owner has filed a written request with the City for full-purpose annexation
of the Property, identified as Annexation Case No. AX-18-003 ("Annexation Case");
WHEREAS, City and Owner desire to set out the City services to be provided for the
Property on or after the effective date of annexation;
WHEREAS, the Annexation Case and execution of this Agreement are subject to
approval by the Fort Worth City Council; and
NOW THEREFORE, in exchange for the mutual covenants, conditions and
promises contained herein,City and Owner agree as follows:
1. PROPERTY. This Agreement is only applicable to the Property, which is the subject of the
Annexation Case.
2. INTENT. It is the intent of the City that this Agreement provide for the delivery of full,
available municipal services to the Property in accordance with state law, which may be
Owner-Initiated Annexation Service Agreement I of 11
accomplished through any means permitted by law. For purposes of this Agreement, "full
municipal services" means all services provided by the City within its full-purpose
boundaries, including water and wastewater services and excluding gas or electrical service.
3. MUNICIPAL SERVICES.
a. Commencing on the Effective Date, the City will provide the municipal services
set forth below. As used in this Agreement, "providing services" includes having
services provided by any method or means by which the City may extend
municipal services to any other area of the City, including the City's infrastructure
extension policies and developer or property owner participation in accordance
with applicable city ordinances,rules,regulations, and policies.
i. Fire —The City's Fire Department will provide emergency and fire protection
services.
ii. Police — The City's Police Department will provide protection and law
enforcement services.
iii. Emergency Medical Services — The City's Fire Department and MedStar
(or other entity engaged by the City after the Effective Date) will provide
emergency medical services.
iv. Planning and Zoning—The City's Planning and Development Department will
provide comprehensive planning, land development, land use, and building
review and inspection services in accordance with all applicable laws, rules,
and regulations.
V. Parks and Recreational Facilities. Residents of the Property will be permitted
to utilize all existing publicly-owned parks and recreational facilities and all
such facilities acquired or constructed after the Effective Date (including
community service facilities, libraries, swimming pools, etc.), throughout the
City. Any private parks, facilities, and buildings will be unaffected by the
annexation; provided, however, that the City will provide for maintenance and
operation of the same upon acceptance of legal title thereto by the City and
appropriations therefor. In the event the City acquires any other parks,
facilities, or buildings necessary for City services within the Property, the
appropriate City department will provide maintenance and operations of the
same.
vi. Other Publicly Owned Buildings. Residents of the Property will be permitted
to use all other publicly owned buildings and facilities where the public is
granted access.
vii. Stormwater Utility Services — The Property will be included in the City's
Stormwater Utility service area and will be assessed a monthly fee based on
the amount of impervious surface. The fees will cover the direct and indirect
costs of stormwater management services.
viii. Roads and Streets (including-Street lighting) — The City's Transportation
and Public Works Department will maintain the public streets and
streetlights over which the City has jurisdiction. The City will provide
regulatory signage services in accordance with the City policies and
procedures and applicable laws.
ix. Water and Wastewater to Existing Structures. Occupied structures that are
owner-Initiated Annexation Service Agreement 2 of I I
using water-well and on-site sewer facilities on the Effective Date may
continue to use the same. If a property owner desires to connect an existing
structure to the City water and sewer system, then the owner may request a
connection and receive up to 200 linear feet of water and sewer extension at
the City's cost for each occupied lot or tract in accordance with the City's
"Policy for the Installation of Community Facilities" and applicable law.
Once connected to the City's water and sanitary sewer mains, the water and
sanitary sewage service will be provided by the City at rates established by
City ordinances for such service.
x. Solid `Haste Services —The City will provide solid waste collection services
in accordance with existing City ordinances and policies, except where
prohibited by law.
xi. Code Compliance — The City's Code Department will provide education,
enforcement, and abatement relating to code violations within the Property.
xii. Full Municipal Services — Commencing on the Effective Date, the City will
provide to the Property all services provided by the City within its full-
purpose boundaries and not otherwise listed above, except as provided in
Section 3(b).
b. The City will provide water service and wastewater treatment service to
developments established after the Effective Date in accordance with, and on the
schedule determined by, the City's extension policies and applicable law and at
rates established by City ordinances for such services.
c. It is understood and agreed that the City is not required to provide a service that is
not included in this Agreement.
d. Owner understands and acknowledges that the City departments listed above may
change names or be re-organized by the City Manager. Any reference to a specific
department also includes any subsequent City department that will provide the same
or similar services.
4. SERVICE LEVEL. The City will provide the Property with a level of services,
infrastructure, and infrastructure maintenance that is comparable to the level of services,
infrastructure, and infrastructure maintenance available in other parts of the City with
topography, land use, and population density similar to those reasonably contemplated or
projected for the Property.
5. AUTHORITY. City and Owner represent that they have full power, authority and legal
right to execute, deliver and perform their obligations pursuant to this Agreement. Owner
acknowledges that approval of the Annexation Case is within the sole jurisdiction of the City
Council.Nothing in this Agreement guarantees favorable decisions by the City Council.
6. SEVERABILITY. If any part, term, or provision of this Agreement is held by the courts to
be illegal, invalid, or otherwise unenforceable, such illegality, invalidity, or unenforceability
will not affect the validity of any other part, term or provision, and the rights of the parties
will be construed as if the part,term, or provision was never part of the Agreement.
Owner-Initiated Annexation Service Agreement 3 of I I
7. INTERPRETATION. The parties to this Agreement covenant and agree that in any
litigation relating to this Agreement, the terms and conditions of the Agreement will be
interpreted according to the laws of the State of Texas. The parties acknowledge that they are
of equal bargaining power and that each of them was represented by legal counsel in the
negotiation and drafting of this Agreement.
8. GOVERNING LAW AND VENUE. Venue shall be in the state courts located in Tarrant
County, Texas or the United States District Court for the Northern District of Texas, Fort
Worth Division and construed in conformity with the provisions of Texas Local Government
Code Chapter 43.
9. NO WAIVER. The failure of either party to insist upon the performance of any term or
provision of this Agreement or to exercise any right granted hereunder shall not constitute a
waiver of that party's right to insist upon appropriate performance or to assert any such right
on any future occasion.
10. GOVERNMENTAL POWERS. It is understood that by execution of this Agreement, the
City does not waive or surrender any of its governmental powers or immunities.
11. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each
of which shall be deemed an original and constitute one and the same instrument.
12. CAPTIONS. The captions to the various clauses of this Agreement are for informational
purposes only and shall not alter the substance of the terms and conditions of this Agreement.
13. AGREEMENT BINDS AND BENEFITS SUCCESSORS AND RUNS WITH THE
LAND. This Agreement is binding on and inures to the benefit of the parties, their
successors, and assigns. The term of this Agreement constitutes covenants running with the
land comprising the Property, is binding on the Owner and the City, and is enforceable by
any current or future owner of any portion of the Property.
14. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the
parties and supersedes all prior oral and written agreements between said parties. This
Agreement shall not be amended unless executed in writing by both parties.
Executed as of the day and year first above written to be effective on the effective date of
annexation of the Property.
Owner-Initiated Annexation service Agreement 4 of I I
CITY OF FORT WORTH
Jesus "Jay"Chapa
Assistant City Manager
Approved as to Form and Legality:
�m t A�, �Ma
Senior Assistant City Attorney
Attest:
ary Kays Y
City Secretary
Approvals:
M&C 1-r-Ikt,4l
Ordinance No.
State of Texas §
County of Tarrant §
This instrument was acknowledged before me on the Y of 2018,
by Jesus"Jay"Chapa,Assistant City Manager of the City of Tort Worth, a Te municipal
corporation,on behalf of,said corporation.
By: l 1 .. MARIA S.SM CHEZ
My NotarylD;t225Sg90
g aK��• Expires December 1
Notary Public, State of Texas 9,202
Owner-Initiated Annexation Service Agreement 5 of I I
OWNER
CROWLEY 272 JOINT VENTURE
By: )Qf3/g'
Raymond B. Kelly I
Managing Venturer
State of Texas §
County of Tarrant §
This instrument was acknowledged before me on the 1 st day of August, 2018, by Raymond
B. Kelly III, Managing Venturer of Crowley 272 Joint Venture, on behalf of said joint venture.
C
n
CAROLYN A PHILLIPS
Notary Pub ' , State of Texas Notimy Publlc,state of Texas
Comm Expkes 11.09-2018
Notary ro 63s878-2
Owner-Initiated Annexation Service Agreement 6 of It
ROCKY MOUNTAIN PROPERTIES,
LLC
By: Y��Ir.•c.
Raymond B. Kelly,�i3
President
State of Texas §
County of Tarrant §
This instrument was acknowledged before me on the 1 st day of August, 2018, by Raymond
B. Kelly III, President of Rocky Mountain Properties, LLC, on behalf of said limited liability
company.
j +or CAROLYN A.PHILLIPS
Notary Public,State of Texas
Notary Pu c, State of Texas '�,?OF�' Comm.Expires 11-09-2018
VA
Notary ID 635878-2
Owner-Initiated Annexation Service Agreement 7 of I I
TAST S PROPERTIES,LLC
By:
Name:
Title:
State of Texas §
County of '�il .t"M.'14 §
This instrument was acknowledged before me on the a�Aay of �t C , 2018,
by Tasty Pies Properties, LLC on behalf of
said limited liability c pany.
.�'
C
BY: ..�
Notary u lid atale If Je as_
µ" MILDRED DOUGLAS
4 $ Notary Public,State of Texas
y� 4 Notary ID 12987454-5
My Cwnmlf3Ion Exp,47-032022
After R c o.
City Secretary
City of Fort Worth
200 Texas Street
Fort Worth,Texas 76102
Owner-Initiated Annexation Service Agreement 8 of I I
EXHIBIT A
LEGAL DESCRIPTION
PROPOSED ANNEXATION
All that certain lot, tract, or parcel of land, situated in a portion of the Antonio Castello Survey,
Abstract No. 271, the W. H. Colthorp Survey, Abstract No. 286, Antonio Fernandes Survey,
Abstract No. 506, John Korticky Survey, Abstract No. 914, and the International and Great
Northern Railroad Company Survey, Abstract No. 826, Tarrant County, Texas, being all of those
certain called 78 1/3 acre, 20 acre, 74 1/2 acre, and 100 acre tracts described in a deed to Crowley
272 Joint Venture recorded in Volume 12621, Page 1596 of the Deed Records of Tarrant County,
Texas (DRTCT), and being more completely described as follows,to-wit:
BEGINNING at a 1" iron pipe found for the Northeast corner of said 100 acre tract, the Southeast
corner of a called 40.004 acre tract described in a deed to Sharon Lynn Sankary recorded in
Instrument No. D204323827 (DRTCT), and being in the West line of said 78 1/3 acre tract;
THENCE North 00 deg. 46 min. 54 sec. West along the West line of said 78 1/3 acre tract,the East
line of said 40.004 acre tract, the East line of a called 1.000 acre tract described in a deed to DTH
REO Inc. recorded in Instrument No. D215152949 (DRTCT), the East line of a called 2.000 acre
tract described in a deed to O. F. Bush, Sr., et al recorded in Volume 4777, Page 308 (DRTCT),
and the approximate centerline of West Cleburne Road (County Road No. 1035), a distance of
753.71 feet to a P.K. nail set with washer stamped "GOODWIN & MARSHALL", hereinafter
referred to as P.K. nail set with washer, for the Northwest corner of said 78 1/3 acre tract;
THENCE North 89 deg. 37 min. 03 sec. East departing said centerline and continue along the
North line of said 78 1/3 acre tract, the South line of a called 40.006 acre tract described in a deed
to Jerry Savelle Ministries, Inc. recorded in Volume 13436, Page 290 (DRTCT), and the South line
of Lot 1, Block 1 of Heritage of Faith Christian Center recorded in Cabinet A, Slide 11818 of the
Plat Records of Tarrant County, Texas (PRTCT), at 24.44 feet pass a 1/2" iron rod found for the
Southwest corner of a said 40.006 acre tract, continue a total distance of 2776.07 feet to a P.K. nail
set with washer for the Northeast corner of said 78 1/3 acre tract and being in the approximate
centerline of West Old Cleburne Crowley Junction(County Road No. 1079);
THENCE South 00 deg. 34 min. 39 sec. East along the East line of said 78 1/3 acre tract, the East
line of said 20 acre tract, the East line of said 74 1/2 acre tract, and said approximate centerline, a
distance of 2837.06 feet to a 1/2" capped iron rod set stamped "GOODWIN & MARSHALL",
hereinafter referred to as 1/2" capped iron rod set, for the Southeast corner of said 74 1/2 acre tract
and being the projected centerline of said West Old Cleburne Crowley Junction and West Cleburne
Crowley Road(County Road No. 1018);
THENCE South 89 deg. 39 min. 30 sec. West along the South line of said 74 1/2 acre tract, the
South line of said 100 acre tract, and along the approximate centerline of said West Cleburne
Crowley Road, a distance of 4878.91 feet to a 1/2" capped iron rod set for the Southwest corner of
said 100 acre tract;
THENCE North 00 deg. 28 min. 21 sec. West along the West line of said 100 acre tract and along
said centerline, a distance of 2060.33 feet to a P.K. nail set with washer for the Northwest corner
of said 100 acre tract, from which a 1/2" capped iron rod found stamped "4277" for the Northeast
Owner-Initiated Annexation Service Agreement 10 of I I
corner of Lot 21 of Garden Arbors Estates recorded in Cabinet A, Slide 6031 (PRTCT) bears
South 30 deg. 28 min. 19 sec. West—58.34 feet;
THENCE North 89 deg. 05 min. 03 sec. East along the North line of said 100 acre tract and along
said centerline, a distance of 2101.76 feet to the POINT OF BEGINNING, containing 12,222,802
square feet or 280.597 acres of land,more or less.
Bearings are referenced to Texas State Plane Coordinate System, North Central Zone (4202),
North American Datum of 1983 as derived from GPS observation.
Exhibit map attached and made a part hereof.
Owner-Initiated Annexation Service Agreement I I of I t
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Annexation AX-18-003 Exhibit
Addition of approximately 287 Acres to become part of Council District 6
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Annexation Area Planning&D610712018 velopment Department
1:14,400
Fort Worth City Limit(Full Purpose)
Fort Worth CI Limit Limited Pur OSe COPYRIGHT 2018 CITY OF FORT WORTH UNAUTHORIZED REPRODUCTION IS A
( p ) VIOLATION OF APPLICABLE LAWS. THIS DATA IS TO BE USED FOR A GRAPHICAL
REPRESENTATION ONLY.THE ACCURACY IS NOT TO BE TAKEN/USED AS DATA
Adjacent Cities PRODUCED FOR ENGINEERING PURPOSES OR BY A REGISTERED PROFESSIONAL
LAND SURVEYOR. THE CITY OF FORT WORTH ASSUMES NO RESPONSIBILITY FOR
THE ACCURACY OF SAID DATA.
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/11/2018 - Ordinance No. 23373-09-2018
DATE: Tuesday, September 11, 2018 REFERENCE NO.: L-16142
LOG NAME: 06AX-18-003, OWNER-INITITATED ANNEXATION, ORDINANCE
SUBJECT:
Adopt Ordinance for the Owner-Initiated Annexation of Approximately 280.6 Acres of Land in Tarrant
County and 7.263 Acres of County Right-of-Way, Located North of Cleburne Crowley Road and West of
Old Cleburne Crowley Junction Road, in the Far Southwest Planning Sector, AX-18-003 (FUTURE
COUNCIL DISTRICT 6)
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance annexing approximately 280.6 acres
of land and 7.263 acres of county right-of-way located north of Cleburne Crowley Road and west of Old
Cleburne Crowley Junction Road.
DISCUSSION:
On May 15, 2018, representatives of the property owners Bloomfield Homes, L.P. submitted an
application for full-purpose annexation. The 280.6 acres is situated in Tarrant County within the City of
Fort Worth extraterritorial jurisdiction, north of Cleburne Crowley Road and west of Old Cleburne Crowley
Junction Road, see map exhibit A. The proposed annexation area is currently vacant land. The property
is proposed for the development 1,061 Single-Family detached lots with two Neighborhood Commercial
tracts.
The proposed voluntary annexation abuts 7.263 acres of county rights-of-way. Under Section 43.106 of
the Texas Local Government Code "a municipality that proposes to annex any portion of a county road or
territory that abuts a county road must also annex the entire width of a county road and the adjacent right-
of-way on both sides of the county road."The annexation of the 7.263 acres is the required rights-of-way
portion of the county roads.
City Plan Commission voted, on June 27th, to approve the recommendation to the City Council for the full-
purpose annexation of case AX-18-003. This proposed owner-initiated annexation has one companion
case. The related zoning case (ZC-18-112) was heard by the Zoning Commission on August 8, 2018, and
the commission voted to recommend approval of"A-5" One-Family and "E" Neighborhood Commercial
districts by City Council.
The proposed uses were considered while assessing the financial impact to the General Fund. The city
tax revenue is expected to have a positive fiscal impact over the next 10 years after the proposed
development is built. Based on the operating costs projected from the Police, Code Compliance and
Transportation and Public Works Departments, the fiscal impact shows a slightly negative annual effect to
the General Fund for the first year, but will have a positive impact thereafter. Therefore, due to the ability
of the area to meet the City's criteria for full-purpose annexation, Staff recommends approval of the
requested owner-initiated annexation, AX-18-003.
If annexed for full-purposes the area will become part of COUNCIL DISTRICT 6.
Logname: 06AX-18-003, OWNER-INITITATED ANNEXATION, ORDINANCE Page I of 2
This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION/ CERTIFICATION:
The Director of Finance certifies that based upon the proposed development, the annexation will have a
long-term positive impact to the General Fund.
FUND IDENTIFIERS (FIDs):
TO
Fund Department ccoun Project Program ctivity Budget Reference # moun
ID ID Year Chartfield 2
FROM
Fund Department ccoun Project Program ctivity Budget Reference # moun
ID ID Year Chartfield 2
CERTIFICATIONS:
Submitted for City Manager's Office by: Jay Chapa (5804)
Originating Department Head: Randle Harwood (6101)
Additional Information Contact: Leo Valencia (2497)
Logname: 06AX-18-003, OWNER-INITITATED ANNEXATION, ORDINANCE Page 2 of 2