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HomeMy WebLinkAboutOrdinance 23375-09-2018 ORDINANCE NO. 23375-09-2018 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 136.90 ACRES OF LAND, MORE OR LESS,OUT OF THE R. WHITLEY SURVEY, ABSTRACT NUMBER 1672, THE B. THOMAS SURVEY, ABSTRACT NUMBER 1497 AND THE G.T. WALTERS SURVEY, ABSTRACT NUMBER 1696, IN TARRANT COUNTY, TEXAS (CASE NO. AX-18-001) 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 Boaz Holdings Limited Partnership,the owner,requesting the full-purpose annexation of 136.90 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, Boaz Holdings Limited Partnership and the City negotiated and entered into a written agreement, City Secretary Contract No. 1571 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 August 21,2018 at 7:00 p.m.,on August 28,2018,at 7:00 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 136.90 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 tract of land situated in the R. Whitley Survey, Abstract Number 1672, the B. Thomas Survey, Abstract Number 1497 and the G.T. Walters Survey, Abstract Number 1696, Tarrant County, Texas, being portion of that remainder tract of land described by deed to Boaz Holdings, LP., recorded in Instrument Number D212142260, County Records, Tarrant County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at the southwest corner of said remainder,being the southeast corner of that tract of land described by deed to Texas Electric Service Company recorded in Volume 2658, Page 309, said County Records and being in the north right-of-way line of W.Bailey Boswell Road(a variable width right-of-way); THENCE N 00014'37"E,2329.46 feet, departing said right-of-way line with the west line of said remainder to the northwest corner of said remainder; THENCE with the north line of said remainder the following courses and distances: N 89°42'51"E, 1675.84 feet,to the beginning of a non-tangent curve to the left; With said non-tangent curve to the left, an arc distance of 143.40 feet, through a central angle of 13044'10", having a radius of 598.14 feet, the long chord which bears N 66042'38"E, 143.05 feet; N 59058'43"E, 357.71 feet,to the beginning of a curve to the right; With said curve to the right, an arc distance of 269.38 feet, through a central angle of 28009'28", having a radius of 548.14 feet, the long chord which bears N 74003'27"E, 266.68 feet; N 00°00'31"E,28.03 feet; Annexation—AX-18-001 Ordinance No.23375-09-2018 Page 2 of 7 N 89°39'39"E, 1699.58 feet, to the beginning of a non-tangent curve to the left; THENCE with said non-tangent curve to the left, an arc distance of 284.54 feet,through a central angle of 16°18'11", having a radius of 1000.00 feet, the long chord which bears S 08°37'35"E, 283.58 feet departing said north line over and across said remainder tract to the south line of said remainder and the north line of The Parks at Boat Club, an addition to the City of Fort Worth recorded in Cabinet A, Slide 11979, said County Records; THENCE S 89041'04"W, 264.92 feet, with the south line of said remainder and the north line of said The Pars at Boat Club to the north west corner of said The Parks at Boat Club: THENCE continuing with the south and east lines of said remainder tract the following courses and distances: S 89°39'20"W, 223.10 feet; S 83°12'31"W, 356.12 feet; S 89039'28"W, 359.00 feet; S 00021'55"E, 215.49 feet; S 89039'21"W,479.79 feet; N 00021'55"W, 227.50 feet; S 89035'19"W, 177.26 feet; S 59058'12"W, 576.36 feet; S 19014'04"E, 137.00 feet; S 00001'52"W, 110.44 feet,to the beginning of a non-tangent curve to the right; With said non-tangent curve to the right, an arc distance of 88.86 feet, through a central angle of 101049'34", having a radius of 50.00 feet, the long chord which bears S 31026'00"E, 77.62 feet; S 86026'00"E, 141.88 feet; S 75012'3 1"E,41.16 feet; S 13°21'26"W, 117.37 feet, to the beginning of a non-tangent curve to the right; With said non-tangent curve to the right, an arc distance of 775.67 feet, through a central angle of 76037'30", having a radius of 580.00 feet, the long chord which bears S 38019'49"E, 719.14 feet; S 00001'03"E, 14.03 feet; S 45012'04"E, 14.10 feet; Annexation—AX-18-001 Ordinance No.23375-09-2018 Page 3 of 7 S 89036'54"W, 70.00 feet; S 00001'03"E, 1050.69 feet, to the southeast corner of said remainder tract and the north right-of-way line of aforementioned West Bailey Boswell Road; THENCE N 89056'54"W, 2394.79 feet, with the south line of said remainder and said right-of- way line to the Point of Beginning and containing 5,963,379 square feet or 136.900 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. SECTION 2. 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 be bound by the acts, ordinances, resolutions and regulations of the City of Fort Worth, Texas. SECTION 4. 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 Annexation—AX-18-001 Ordinance No.23375-09-2018 Page 4 of 7 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. APPROVED AS TO FORM AND LEGALITY: i Melinda Ramos ?4ar/J. Ka Senior Assistant City Attorney City Secret ADOPTED AND EFFECTIVE: September 11, 2018 Annexation—AX-18-001 Ordinance No.23375-09-2018 Page 5 of 7 ¢ n+,4aaer eva arae ae wWr tt rAe scram ear ne/racr ra rewee✓ee a ue arced ,1 ewl,r&rret Ie Ir,•C&Vr rices+a er a a curd AO Mw r«amen sakran 0 rer pnery ewr rmn ryh roe ! I w II I io�ae r .in of rm carr 8 AYrere tided r.rwrr a rr vanes o.rwpu.rwa s OPT2.&O." r ra oevea z awrdFmrr . awrrester ll a{ I 7u5 l l I I I I I e II*i I �21 t••pup• ,� }� Park'Drive `1 _ w ww"of Ie POW �TI'A o.,�wrs 0WO Perk Drive ' rwe arwm rN rwa ewle L:..ve soggy �J.IlI t'-1�tirva. ---- LIT S LLF- 11-1 k-;i-�-�'-- ! I i Ri m 10 1L1LI11i CIn.Ei�i izj t rr�rnnru rwrae}�-)_I�-._._._..-�•-.P a u� l 142.387 Acres a I �f ;°'02 °10P�'Li111L1J 1C1I�CiJ.L-1'a oa _W 1�ffIITI�I�-�-1�0 tie _.Li in`111 I : fQ !~ �-- --------------- --- ---- i L \ �r\/ a I rnrrtaraV&Sl•- y.. F,prSt i.�\7, \ /_�j� ;-� I I H ±I I ulj .\:�rr!n�>`1;,��y �ILI.IiZ�ha �! . mr'"i1I��C•% iil�I Tj fOI Lq-FL.—�I�t .1IIJJILr.'� � *1 I lig !_ rwavwmu.r IILLl111lLrILr1._�1W.I1tUIL`L4r�_ Bailey Boswell Road _ `---------------------------J--- f .Nc.o.:nel.sv. 1 R r I� I I Il !II 044016 1t 6/les �'��� 11d}rJ� I I t 1, j� t>•t y4�t ester ' 1 O o 3 "Preliminary,this document shapnoi be y purpose and shot)not O°Y' L4-1T-'LE-"-j e— recorded for on _ Annexation Exhibit O be ussdor viewed or retied.upon as a linolsurvey document"22 TAC 553.18C 136.900 Acres W s Todd A Bridges.RPLS 4940 t$ ' Dote:3/30/2018 Situated in the R.Whitley Survey,Abstract Number 1672,the B.Thomas. Q Survey,Abstract Number 1497 and the G.T.Walters Survey,Abstroct /( s Number 1696,Tarrant County,Texas. `1 TBPLS Firm R,q to.101777D0 C",,iahtM 2018 P.W-La Sdurwna,1— EXHIBIT B C' "zr-rRETAARY }} sl MUNICIPAL SERVICES AGREEMENT BETWEEN THE CITY OF FORT WORTH,TEXAS AND BOAZ HOLDINGS, LP This Municipal Services Agreement ("Agreement") is entered into on _ C_ � day of fJLI`; by and between the City of Fort Worth, Texas, a home-rule municipality of the State of Texas,("City")and Boaz Holdings, LP("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; WHEREAS, Owner owns certain parcels of land situated in Tarrant, Texas, which consists of approximately 136.90 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-18-001 ("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 accomplished through any means permitted by law. Owner-Initiated Annexation Service Agreement I of 9 3. MUNICIPAL SERVICES. a. Commencing on the effective date of annexation, 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. ill. Emergency Medical Services - The City's Fire Department and MedStar will provide emergency medical services. iv. Planning, Zoning, and Building — 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. Publicly Owned Parks, Facilities, and Buildings 1. Residents of the Property will be permitted to utilize all existing publicly-owned and available parks, facilities (including, community service facilities, libraries, swimming pools, etc.), and buildings 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. 2. 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. 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. vii. Streets_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. viii. Water and Wastewater 1. Existing, occupied homes that are using water-well and on-site sewer facilities on the effective date of annexation may continue to use the same. If a property owner desires to connect 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 Owner-Initiated Annexation Service Agreement 2 of 9 sewer mains,the water and sanitary sewage service will be provided by the City at rates establish by City ordinances for such service. 2. New homes will be required to connect to the City's water and sewer system at the owner's expense. ix. Solid Waste Services—The City will provide solid waste collection services in accordance with existing City ordinances and policies, except where prohibited by law. x. Code Compliance — The City's Code Compliance Department will provide education, enforcements, and abatement relating to code violations within the Property. b. It is understood and agreed that the City is not required to provide a service that is not included in this Agreement. c. 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. 5. AUTHORITY. City and Owner represent that they have frill 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,teen, or provision was never part of the Agreement. 8. 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 taws 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. 9. 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. 10. 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. 11. 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. Owner-Initiated Annexation Service Agreement 3 of 9 12. 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. 13. 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. 14. AGREEMENT BINDS 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 and is binding on the Owner. 15. 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. CITY OF FORT WORTH BOAZ HOLDINGS, LP By: �� � By: Jay Chapa Name: W1114yr Assistant City Manager Title: /M em ef Approved as to Form and Legality: Assistant City Attorney Attest: ary Ka s City SecretAry Approvals: M&C 1---ILQ145 Ordinance No. �1 3315-t�i 2�l itc��lte) Owner-Initiated Annexation Service Agreement 4 of 9 State of Texas § County of Tarrant § This instrument was acknowledged before me on the day of6jjb774��20_1_ by Jay Chapa, Assistant City Manager of the City of Fort Worth, a Texas muni ipal corporation, on behalf of said corporation. By: I Notary Public, State of Texas MARIA S.SANC�IEZ c MNotary ID rt 2256490 Expires December i9,2021 State of Texas § County of\a-, § This instrument was acknowledged before me on the day of 20\% byltj�\\\arm _ CCI�t�n� of[Name of individual sigp ng, title (if any)] on behalf of said _)6ex,-r [insert name of company or individual where applicable]. KIMBERLY DAWN LOADMAN � Notary Public Notary Public State of Texas *; * STATE OF TEXAS Nf• Py t Notary ID#12982297-7 Comm.W,M"27.2022 After Recording Return to: City Secretary City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 Owner-Initiated Annexation Service Agreement 5 of 9 Q , Lbs7s d Bearllr�Is!ra Tesas w •u,'dO'w II, 1!Xe{M d under 22 es G?sh W0."S IS '00 1!O r jY d lh W rl0 oro M I w II I C[«d4 .NAO B«IACuM/0! O p SWI is 7s d lP W W!E b CYxy« ifm.M1*wWg5 cI/M/ple Ik ldoly lApte dplri«M I - j015e a202,NA0 BJ fnr«esls r/�ur�«abf>I/rrW q!ro s/wlrm«neWrqurax«,or Ile aumory d rrn surnrmr I s I•.� w�� � S .94&4"r«w•eh a wV'«CranN: a _. T--600' 1,oNAf WeNNi,�r I I I I I I Park Drive �- NN •hyagr«rrula lm-2 dlcbhYllr jIIyNACY I + r .ikscrlpYm-2 Papas rnvr,v.�.m er., h<M Pork lJrlvc ,rwrw«<n f `' �J.ILJ.L111�I1J.111 I t '; a 1y ;I qNN.�t�Ny 4 ('nPcoa119 n� 1 A 1 F; a.Pops4RAIIY NII. ll T CRJtf._ -LSCC IL_._`._•._ I � �111t_1 1::1 s f fro'P'mrsa [%.o 111.��1��d��� l�� aS w I C/ •nz�wenT�EI11 CIS C'1�L-1 4, 142.387 Acres V. \ ER.rcr.�U• 17' i � � �♦ �IiII�•. I—ted, ao npyo,.mate s—cr e:neffi o l _ f�j \� �! t♦�a�.�1, --- m 1.1.11.111.L1 1l.(��. •,�-'� �•�f rf LL.LLQ r' l ••�;'-J 4tTl.11�Ifllllll� �fy �1IJJIL.Ji�� a J ml sAra rcra,+saleuornun�1\/ i�� L1111.111 I( ' ' I R \ L•• • '�^ j 1+tR.rL�7. I `�/♦��J 11J 111.ruC 0./ASkGNAaw o I I I �.� ��. ...r. _..,�A.TAT. _ a,wn,mrw il1J.LJJ1(L1L_1 .1111I1tLllla L.'_ --L._.—_j— — s 6 —cTrr� +�'a----- ---Hailey Boswell Road .ywomge.sw.gi�s=-------- 40" - p X10 I I II I 9 1014,60 4, tZ a I A o�c1 I II II' p3r,O Z�yty4� d"t4o4�L? a� u y •n 1 .11A4�pGT kyr tN1'& 'Preliminary,this document shall not be Oje,�,+ 1 14 4IIggH O _ z o recorded for any purpose and shatinat ''rr Ls be used or viewed or relied upon as a Annexation Exhibit O „ F finalsarvey document" 22 TAC 663.18C 136.900 Acres .,J W dtl A.Bridges.RPLS A94D io $� dd 3r30des. Situated in the R.Whitley Survey, Abstract Number 1672, the S. ThomasDate! g a Survey,Abstract Number 1497 and the G.T.Wolters Survey, Abstract Number 1696, Tarrant County, Texas. 'TBPLS P— Ite< rap.10)71700 C,pyri nl C 2018 Pploten(Onfl SUIUI!c—m<. 1 O Exhibit A BOUNDARY DESCRIPTION - WESTPOINTE 136.900 ACRES OF LAND BEING a tract of land situated in the R. Whitley Survey, Abstract Number 1672, the B. Thomas Survey, Abstract Number 1497 and the G.T. Walters Survey, Abstract Number 1696, Tarrant County, Texas, being portion of that remainder tract of land described by deed to Boaz Holdings, LP., recorded in Instrument Number D212142260, County Records, Tarrant County, Texas and being more particularly described by metes and bounds as follows: COMMENCING at the southwest corner of said remainder, being the southeast corner of that tract of land described by deed to Texas Electric Service Company recorded in Volume 2658, Page 309, said County Records and being in the north right-of-way line of W. Bailey Boswell Road (a variable width right-of-way); THENCE N 000 14'37"E, 2329.46 feet, departing said right-of-way line with the west line of said remainder to the northwest corner of said remainder; THENCE departing said west line with the north line of said remainder the following courses and distances: N 89"42'5 t"E, 1675.84 feet, to the beginning of a non-tangent curve to the left; With said non-tangent curve to the left, an are distance of 143.40 feet, through a central angle of 13'44'10", having a radius of 598.14 feet, the long chord which bears N 66°42'38"E, 143.05 feet; N 59°58'43"E, 357.71 feet, to the beginning of a curve to the right; With said curve to the right, an arc distance of 269.38 feet, through a central angle of 28°09'28", having a radius of 548.14 feet, the long chord which bears N 74°03127E, 266.68 feet; N 00°00'31"E, 28.03 feet; N 89°39'39"E, 1699.58 feet, to the beginning of a non-tangent curve to the left; THENCE with said non-tangent curve to the left, an arc distance of 284.54 feet, through a central angle of 16°18'11", having a radius of 1000.00 feet, the long chord which bears S 08°37'35"E, 283.58 feet departing said north line over and across said remainder tract to the south line of said remainder and the north line of The Parks at Boat Club, an addition to the City of Fort Worth recorded in Cabinet A, Slide 11979, said County Records; THENCE S 89041'04"W, 264.92 feet, with the south line of said remainder and the north line of said The Pars at Boat Club to the north west corner of said The Parks at Boat Club: THENCE continuing with the south and east lines of said remainder tract the following courses Owner-Initiated Annexation Service Agreement 7 of 9 Exhibit A and distances: S 89°39'20"W, 223.10 feet; S 83°12'31"W, 356.12 feet; S 89°39'28"W, 359.00 feet; S 00°21'55"E, 215.49 feet; S 89°39'21"W, 479.79 feet; N 00°21'55"W, 227.50 feet; S 89-35'19"W, 177.26 feet; S 59°58'12"W, 576.36 feet; S 19°14'04"E, 137.00 feet; S 00°01'52"W, 110.44 feet, to the beginning of a non-tangent curve to the right; With said non-tangent curve to the right, an are distance of 88.86 feet, through a central angle of 101°49'34", having a radius of 50.00 feet, the long chord which bears S 31026'00"E, 77.62 feet; S 86026'00"E, 141.88 feet; S 75°12'31"E, 41.16 feet; S 13021'26"W, 117.37 feet,to the beginning of a non-tangent curve to the right; With said non-tangent curve to the right, an are distance of 775.67 feet, through a central angle of 76°37'30", having a radius of 580.00 feet, the long chord which bears S 3 8°19'49"E, 719.l 4 feet; S 00°01'03"E, 14.03 feet; S 45-12'04"E, 14.10 feet; S 89036'54"W, 70.00 feet; S 00°01'03"E, 1050.69 feet, to the southeast corner of said remainder tract and the north right-of-way line of aforementioned W. Bailey Boswell Road; THENCE N 8905654"W, 2394.79 feet, with the south line of said remainder and said right-of- Owner-Initiated Annexation Service Agreement 8 opt Exhibit A way line to the Point of Beginning and containing 5,963,379 square feet or 136.900 acres of land more or less. "This document was prepared under 22 TAC 663.2 1,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." Owner-Initiated Annexation Service Agreement 9 of 9 Annexation AX-18-001 Exhibit Addition of approximately 136.90 Acres to become part of Council District 7 `gym a Z BOAR r WILD OAVS THRESHING QEC K* J,F- SORGHUM FANTAIL UIPPER VYI�EAT SHEAF BAILEY BOSWELL UJ � w•f 4. L$& ■ i 4 1 1 *. fLL FoR�r_ x® Legend i 750 1,500 3,000 Feet t � t I Planning&Development Department ®Annexation Area 1:18,000 5/04/2018 Fort Worth City Limit(Full Purpose) ® ur COPYRIGHT 2018 CITY OF FORT WORTH UNAUTHORIZED REPRODUCTION IS A Fort worm City Limit(Limited Purpose)) 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 CrrY 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 9/1112018 -Ordinance No. 23375-09-2018 1 DATE: Tuesday, September 11, 2018 REFERENCE NO.: L-16146 LOG NAME: 06AX-18-001, OWNER-INITITATED ANNEXATION, ORDINANCE SUBJECT: Adoption of Ordinance for the Owner-Initiated Annexation of Approximately 136.90 Acres of Land in Tarrant County, Known as Westpointe, Located North of West Bailey Boswell Road, South of Park Drive, and East of Boat Club Road, in the Far Northwest Planning Sector, AX-18-001 (FUTURE COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance annexing approximately 136.90 acres of land in Tarrant County, located west Bailey Boswell Road, south of Park Drive, and east of Boat Club Road, for full purposes as shown on map Exhibit A. DISCUSSION: On April 10, 2018, Boaz Holdings Limited Partnership submitted an application for full-purpose annexation of 136.90 acres in Tarrant County, located west Bailey Boswell Road, south of Park Drive, and east of Boat Club Road. The proposed annexation is in an enclave surrounded by Fort Worth city limits and contains vacant land proposed for residential and commercial development, see map exhibit A. Annexation of the area is consistent with the enclave and urban development criteria in the City's annexation policy. The City Plan Commission voted on May 23, 2018 to recommend full-purpose annexation of this area t the City Council. On April 25, 2018, the City Plan Commission approved the preliminary plat (PP-18-01�) for 427 single-family detached lots, 3 commercial lots and 11 private open space lots. The companion zoning case (ZC-18-081) is scheduled for City Council action immediately following the annexation action on September 11, 2018. 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. 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. Logname: 06AX-18-001, OWNER-INITITATED ANNEXATION, ORDINANCE Page 'I of 2 TO Fund Department ccoun Project Program ctivity Budget Reference # �mounl ID ID Year Chartfield 2 FROM Fund Department ccoun Project JProgram 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-18-001, OWNER-INITITATED ANNEXATION, ORDINANCE Page 2 of 2