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HomeMy WebLinkAboutOrdinance 23374-09-2018 ORDINANCE NO. 23374-09-2018 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 76.713 ACRES OF LAND, MORE OR LESS, OUT OF THE JAMSE SMITH SURVEY, ABSTRACT NUMBER 1149, IN DENTON COUNTY, TEXAS (CASE NO. AX-18-004) 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 Roanoke Ranch & Investment, L.P., the owner, requesting the full-purpose annexation of 76.713 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, Roanoke Ranch & Investment, L.P. and the City negotiated and entered into a written agreement, City Secretary Contract No. J ` , for the provisions of municipal services in the area; 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 hti� 2018 at 7:00 p.m., on%A J„ I1, 2018, at 7:00 in., 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 76.713 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: Being a 76.713 acre tract of land situated in the James Smith Survey, Abstract No. 1149, Denton County, Texas; said tract being the residue of Lot 3, Block 1, One 14 Subdivision, an addition to Denton County, Texas according to the plat recorded in Cabinet H,Page 177 of the Plat Records of Denton County, Texas; said tract being all of that tract of land described in Special Warranty Deed to Roanoke Ranch and Investment Co. recorded in Document Number 1993-49593 of the Deed Records of Denton County, Texas; and being a part of that tract of land described in Warranty Deed to Roanoke Ranch and Investment Company recorded in Volume 3308, Page 253 of the Deed Records of Denton County, Texas; said 76.713 acre tract being more particularly described as follows: COMMENCING, at the southeast corner of Lot 4, Block 1, One 14 Subdivision, an addition to the City of Fort Worth, Texas according to the plat recorded in Document Number 2010-80 of said Plat Records; said point being in the north right-of-way line of State Highway No. 114 (a variable width right-of-way); THENCE, North 89 degrees, 59 minutes, 43 seconds West, along the said north line of State Highway No. 114, a distance of 442.49 feet to a point at the southwest corner of said Lot 4; said point being in an east line of said Lot 3 and the POINT OF BEGINNING of this tract of land; THENCE,North 89 degrees, 57 minutes, 12 seconds West,continuing along the said north line of State Highway No. 114, a distance of 471.01 feet to a point for corner in the west line of said Lot 3; said point being the southeast corner of that tract of land described in Special Warranty Deed to Double Eagle All Storage, LLC recorded in Document Number 2017-153574 of the Official Records of Denton County, Texas; THENCE, North 00 degrees, 24 minutes, 25 seconds West, departing the said north line of State Highway No. 114 and with the said west line of Lot 3, a distance of 1,633.23 feet to an angle point; THENCE, North 00 degrees, 01 minutes, 17 seconds East, continuing with the said west line of Lot 3, a distance of 1,527.59 feet to a for corner at the northwest corner of said Lot 3; said point being in a south line of Texas Motor Speedway,an addition to the City of Fort Worth, Texas according to the plat recorded in Cabinet V, Page 493 of said Plat Records; Annexation—AX-18-004 Ordinance No.23374-09-2018 Page 2 of 7 THENCE, North 89 degrees, 14 minutes, 28 seconds East, with the north line of said Lot 3, a distance of 1,255.89 feet to a point for corner at the northeast corner of said Lot 3; said point being in a west line of said Texas Motor Speedway; THENCE, South 00 degrees, 14 minutes, 18 seconds East,with the east line of said Lot 3, a distance of 1,917.24 feet to a point for corner at the most easterly southeast corner of said Lot 3; said point being the northeast corner of Lot 2R of said Block 1 of plat recorded in said Cabinet H, Page 177; THENCE, South 89 degrees, 57 minutes, 24 seconds West, a distance of 344.47 feet to a point for an inner ell corner in the south line of said Lot 3; said point being the northwest corner of said Lot 2R; THENCE, South 00 degrees, 14 minutes, 18 seconds East, with an east line of said Lot 3, a distance of 769.40 feet to a point for corner; said point being the northeast corner of said Lot 4; THENCE, South 89 degrees, 57 minutes, 24 seconds West, with a south line of said Lot 3, a distance of 442.49 feet to a point for corner; said point being the northwest corner of said Lot 4; THENCE, South 00 degrees, 14 minutes, 18 seconds East, with an east line of said Lot 3 and the west line of said Lot 4, a distance of 490.59 feet to the POINT OF BEGINNING; CONTAINING: 3,341,633 square feet or 76.713 acres of land, more or less. This document was prepared under 22 TAC663.21, 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 this was prepared. SECTION 2. MAP The above described territory is shown on Map 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 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 Annexation—AX-18-004 Ordinance No.23374-09-2018 Page 3 of 7 be bound by the acts, ordinances, resolutions and regulations of the City of Fort Worth, Texas. SECTION 4. MUNICIPAL SERVCIES AGREEMENT That the Municipal Services Agreement attached hereto as Exhibit B is approved and incorporated into this ordinance for all purposes. SECTION 5. 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 6. 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. SECTION 7. 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 8. EFFECTIVE DATE This ordinance shall be in full force and effect upon adoption. Annexation—AX-18-004 Ordinance No.23374-09-2018 Page 4 of 7 APPROVED AS TO FORM AND LEGALITY: llk 4elin da Ramos ary J.Kay i' v Senior Assistant City Attorney City Secretary ADOPTED AND EFFECTIVE: September 11, 2018 Annexation—AX-18-004 Ordinance No.23374-09-2018 Page 5 of 7 VV� EXHIBIT A N 8914'28" E 1255.89' LIMITS OF CITY OF FT WORTH N N a ORY ROANOKE RANCH Atm INVESTMENT CO. 0 250 500 1000 (DOC. NO. 1993-49593) t RESIDUE OF N GRAPHIC SCALE IN FEET N 00'01'17" E� LOT 3, BLOCK 1 W 1527.59' ONE 14 SUBDIVISION (CAB. H, PG. 177) — — w LEGEND 76.713 ACRES C — —— PROPERTY LNE (3,341.533 SFS EASEMENT LINE G POINT FOR CORNER (UNLESS 0 ERWSE NOTm) DEED UNE O (C.M.) — CONTROLLING MONUMENT _ P.O.B. — POINT OF BEGINNING N P.D.C. —POINT OF COMMENCINGJ10 O r z I O TI— z I Z, C) Z--I O Z CA(� S 89'57'24' WZ 344.47' N 00'24'25" W RESIDUE OF ROANOKE1633.23' , �R COMPANY (VOL 3308. PG. 253) 'too I d' Oi S 89'57'24" W o r- N 89'57'12" W 442.49'I� U 471.01' oo to I I d I I o `I P9*59'43.O.B. S TA TE HWY NO. 114 N 8442.49'' W P O C. This document was prepared under 22 TAC663.21, 442.4 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 NOTES: rights and interests implied or established by the creation or reconfiguration of the boundary of OF 1. A metes and bounds description of even i the political subdivision for which this was E.......T�c survey date herewith accompanies this plat preparedqQ 'G1s7Eq••h9 y;•e� of survey. ............•............. 2.Bearing system for this survey is based on MICHAEL URRY LE1MS,JR the Texas Coordinate System of 1983 (2011 9 qoF Oat:.O� jIuorth central Zone 4203 based onobservations . 2018 Michael Larry L wis, Jr to y�•.... .. � Registered Professions S RV with a combined scale O' of Land Surveyor No. 5773 1.000150630. 6100 PLACE.SUITE 1101 EXHIBIT 'A' Pacheco Koch WOT FORT WORTN. TX 78107 817.4127136 PART Of LOT 3. BLOCK 1 TX REG ENGINEERING FIRM F-469 ONE 14 SUBDNWN TX REG. SURVEYING FIRM LS-10006001 JAMES SMITH SURVEY, ABSTRACT NO. 1149, OaAWN BY I CHECKED BY scA[E DATE J08 AUMRST DENTON COUNTY. TEXAS DRI RMT/MLL 1"=500' 07/09/201 B 1597-18.052 Owner-Initiated Annexation Service Agreement 7 of 9 EXHIBIT B CITY SECRETAW �iECEIVED CONTRACT NO. 7 �-- SEP 2 8 2018 r;,x,FFoRih'09TH MUNICIPAL SERVICES AGREEMENT civ SEcFETARY BETWEEN THE CITY OF FORT WORTH,TEXAS AND ROANOKE RANCH& INVESTMENT,L.P. This Municipal Services Agreement ("Agreement") is entered into on 20th day of July 2018 by and between the City of Fort Worth, Texas, a home-rule municipality of the State of Texas, ("City") and Roanoke Ranch & Investment, L.P. ("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 Denton County, Texas, which consists of approximately 76.713 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-18-004 ("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 1 of 9 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 Stonmwater 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 using water-well and on-site sewer facilities on the Effective Date may continue Owner-Initiated Annexation Service Agreement 2 of 9 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 Waste 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. 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 Owner-Initiated Annexation Service Agreement 3 of 9 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. Except as provided in Section 15, 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 9 CITY OF FORT WORTH ROANOKE RANCH & INVESTMENT, L.P. [Signature block of entity, if applicable] By: l- Jesus "Jay Criarna. Name jean Christine Thompson Assistant City Manager Title: Limited Partner Approved as to Form and Legality: IT 4— Senior Assistant City Attorney Attest: FO A', �ary ayser A % City Secretary.li %. ........... Approvals: it", A'6. M&C I,-IQ 113 Ordinance No. Owner-initiated Annexation Service Agreement 5 of State of Texas § County of Tarrant § This instalment was acknowledged before me on the day of ,20_, by Jesus "Jay" Chapa, Assistant City Manager of the City of Fort Worth, a Texas municipal corporation, on behalf of said corporation. By: Notary Public, State of Texas State of Texas § Ca unty of 001CL5 § . This instrument was acknowledged before me on the _day of by I C his f->✓L� , `�Pso--A of[Name of individual signing, title(if any)] on behalf of said bye&r�4VV,nrtd-L,P. [insert name of company or individual where applicable . ' b. By: d. L�4o PATRICIA A. D Notary Public, State of Texas �2A{��=Notary Public,State =tla.�•'� Comm' Expires 0.4-779.20]2]0 Notary ID 783 After Recording Return to: City Secretary City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 Owner-Initiated Annexation Service Agreement 6 of 9 EXHIBIT A N 89'14'28" E 1255.89' LIMITSITY OF FORT WORTH 46UN Y ROANOKE RANCH AND INVESTMENT CO. 0 250 500 1000 (DOC. NO. 1993-49593) RESIDUE OF n GRAPHIC SCALE IN FEET N 00'01'17" EL LOT 3, BLOCK 1 1527.59'" ONE 14 SUBDIVISION (CAB. H, PG. 177) W LEGEND 76.713 ACRES 2 PROPERTY LINE (3,341,633 SF) EASEMENT LINE O POINT FOR CORNER 7- (UNLESS OTHERWISE NOTED) DEED LINE 00 (C.M.) - CONTROLLING MONUMENT Cn POB - POINT OF BEGINNING P.O.C, - POINT OF COMMENCING z 0 4O Z I OWN z 0 X C Oon O- o j S 89'57'24" W z_k "n 344.47' � � N QQ'24'25" W� RESIDUE OF 1333.23' INVESTMENTROANOKE RANCH AND COMPANY COMPANYY (VOL 3308, PG. 253) pD p I _. �t Oi t0 S 89'57'24" Wl o r 442.49'n N N 89'5712" W \ 471.01' :- rn o P.O.B. STATE HWY NO. 114" 8442,49'' W PO.c. This document was prepared under 22 TAC663.21, 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 NOTES: rights and interests implied or established by the creation or reconfiguration of the boundary of OF 1. A metes and bounds description of even the political subdivision for which this was .�sTe. survey date herewith accompanies this plat prepared. yiei�GA�co 4� of survey. MICHAEL LARRY 11WIS,JR 2. Bearing system for this survey Is based on the Texas Coordinate System of 1983 (2011 It ;9 5773 p;4 adjustment) North Central Zone 4202, based : 9y°FF§§tQ'-o on observations made on January 31, 2018 Registered Professionsc Michael Larry L wls, to O SURN�c with a combined scale factor of Land Surveyor No. 5773 1.000150630. 8100 W� PLACE, SUITE 1001 EXHIBIT °A• Pacheco Koch FORT WORTH, Tx 78107 817.41212.7153 PART OF LOT 3, BLOCK 1 Tx REG. ENGINEERING FIRM F-469 ONE 14 SUBDIVISION Tx REG. SURVEYING FIRM L4-10008001 JAMES SMITH SURVEY, ABSTRACT NO. 1149, DeAwx er cHecA�O er sclte Dare JOB XWaER DENTON COUNTY, TEXAS DRI RMT/MLL 1"=500' 07/09/2018 1597-18.052 Owner-Initiated Annexation Service Agreement 7 oF9 (SPS EXHIBIT A Part of Lot 3, Block 1,One 14 Subdivision James Smith Survey,Abstract No. 1149 Denton County,Texas DESCRIPTION, of a 76.713 acre tract of land situated in the James Smith Survey, Abstract No. 1149, Denton County, Texas; said tract being the residue of Lot 3, Block 1, One 14 Subdivision, an addition to Denton County, Texas according to the plat recorded in Cabinet H, Page 177 of the Plat Records of Denton County, Texas; said tract being all of that tract of land described in Special Warranty Deed to Roanoke Ranch and Investment Co. recorded in Document Number 1993-49593 of the Deed Records of Denton County, Texas; and being a part of that tract of land described in Warranty Deed to Roanoke Ranch and Investment Company recorded in Volume 3308, Page 253 of the Deed Records of Denton County, Texas; said 76.713 acre tract being more particularly described as follows: COMMENCING, at the southeast corner of Lot 4, Block 1, One 14 Subdivision, an addition to the City of Fort Worth, Texas according to the plat recorded in Document Number 2010-80 of said Plat Records; said point being in the north right-of-way line of State Highway No. 114 (a variable width right-of-way); THENCE, North 89 degrees, 59 minutes, 43 seconds West, along the said north line of State Highway No. 114, a distance of 442.49 feet to a point at the southwest corner of said Lot 4; said point being in an east line of said Lot 3 and the POINT OF BEGINNING of this tract of land; THENCE, North 89 degrees, 57 minutes, 12 seconds West, continuing along the said north line of State Highway No. 114, a distance of 471.01 feet to a point for corner in the west line of said Lot 3; said point being the southeast corner of that tract of land described in Special Warranty Deed to Double Eagle All Storage, LLC recorded in Document Number 2017-153574 of the Official Records of Denton County, Texas; THENCE, North 00 degrees, 24 minutes, 25 seconds West, departing the said north line of State Highway No. 114 and with the said west line of Lot 3, a distance of 1,633.23 feet to an angle point; THENCE, North 00 degrees, 01 minutes, 17 seconds East, continuing with the said west line of Lot 3, a distance of 1,527.59 feet to a for corner at the northwest comer of said Lot 3; said point being in a south line of Texas Motor Speedway, an addition to the City of Fort Worth, Texas according to the plat recorded in Cabinet V, Page 493 of said Plat Records; THENCE, North 89 degrees, 14 minutes, 28 seconds East, with the north line of said Lot 3, a distance of 1,255.89 feet to a point for corner at the northeast corner of said Lot 3; said point being in a west line of said Texas Motor Speedway; THENCE, South 00 degrees, 14 minutes, 18 seconds East, with the east line of said Lot 3, a distance of 1,917.24 feet to a point for corner at the most easterly southeast corner of said Lot 3; said point being the northeast corner of Lot 2R of said Block 1 of plat recorded in said Cabinet H, Page 177; THENCE, South 89 degrees, 57 minutes, 24 seconds West, a distance of 344.47 feet to a point for an inner ell corner in the south line of said Lot 3, said point being the northwest corner of said Lot 2R; THENCE, South 00 degrees, 14 minutes, 18 seconds East, with an east line of said Lot 3, a distance Owner-initiatcd Annexation Service Agreement 8 of 9 of 769.40 feet to a point for corner; said point being the northeast corner of said Lot 4; THENCE, South 89 degrees, 57 minutes, 24 seconds West, with a south line of said Lot 3, a distance of 442.49 feet to a point for corner; said point being the northwest corner of said Lot 4; THENCE, South 00 degrees, 14 minutes, 18 seconds East, with an east line of said Lot 3 and the west line of said Lot 4, a distance of 490.59 feet to the POINT OF BEGINNING; CONTAINING: 3,341,633 square feet or 76.713 acres of land, more or less. Owner-Initiated Annexation Service Agreement 9 of 9 "d-G Annexation AX-18-004 Exhibit Addition of approximately 76.7 Acres to become part of Council District 7 d y f r I Ar,Sre I Demon " t 7 � s x� 5 f ll I FO • I I WALT RIP �, : . q r• Lu I I`+ HAY 114 I Azr>�ni�. t Z FORT Legend o 500 1,000 2,000 Feet -Annexation Area Planning&D7/1'1/2018 Department 1:14,000 Fort Worth City Limit(Full Purpose) ® Fort worth CI Limit Limited Purpose) COPYRIGHT 2018 CITY OF FORT WORTH UNAUTHORIZED REPRODUCTION IS A City ( 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. 23374-09-2018 DATE: Tuesday, September 11, 2018 REFERENCE NO.: L-16144 LOG NAME: 06AX-18-004, OWNER-INITITATED ANNEXATION, ORDINANCE SUBJECT: Adopt Ordinance for the Owner-Initiated Annexation of Approximately 76.713 Acres of Land in Denton County, Located North and Along Highway 114, West of 1-35 and East of FM 156, in the Far North Planning Sector, AX-18-004 (FUTURE COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance annexing approximately 76.713 acres of land in Denton County, located north and along Highway 114, west of 1-35 and east of FM 156. DISCUSSION: On July 9, 2018, representatives of the property owners Stream Realty Acquisition, LLC submitted an application for full-purpose annexation. The 76.713 acres is situated in Tarrant County within the City of Fort Worth extraterritorial jurisdiction, north and along Highway 114, west of 1-35 and east of FM 156, see map exhibit A. The proposed annexation area is currently mostly vacant land with one gas pad site. The property is proposed for industrial type development. City Plan Commission voted, on August 22, 2018 to approve the recommendation to the City Council for the full-purpose annexation of case AX-18-004. This proposed owner-initiated annexation has one companion case. The related zoning case (ZC-18-134) was heard by the Zoning Commission on August 8, 2018 and the commission voted to recommend approval of"K" Heavy Industrial zoning 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-18-004. If annexed for full-purposes the area will become part of COUNCIL DISTRICT 7. 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): Logname: 06AX-18-004, OWNER-INITITATED ANNEXATION, ORDINANCE Page 1 of 2 Fund Department ccoun Project Program ctivity Budget Reference # �moul ID ID , Year (Chartfield 2) FROM Fund Department ccoun Project Program ctivity BudgetReference # moun ID ID Year F,(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-18-004, OWNER-INITITATED ANNEXATION, ORDINANCE Page 2 of'2