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HomeMy WebLinkAboutOrdinance 23514-12-2018ORDINANCE NO. 23514-12-2018 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 2.078 ACRES OF LAND, MORE OR LESS, AND APPROXIMATELY 0.511 ACRES OF LAND, MORE OR LESS, OF RIGHT-OF-WAY, OUT OF THE WALTER HOUSTON SURVEY, ABSTRACT NO. 719, IN TARRANT COUNTY, TEXAS (CASE NO. AX -18- 007) 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 City of Fort Worth's Property Management Department, acting on behalf of the City of Fort Worth as the owner of the property, requesting the full -purpose annexation of 2.078 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, the Fort Worth City Council approved a Municipal Services Plan for the Property, which is intended to satisfy the requirement for a written agreement with the property owner under Section 43.0672 of the LGC, as the City is annexing its own property; and WHEREAS, the Property abuts 0.511 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, a notice of the availability of the Municipal Service Plan and notice of the first and second public hearings were published in a newspaper of general circulation in the City of Fort Worth and in the area proposed for annexation on November 2, 2018 and November 30, 2018, respectively; 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 November 13, 2018 at 7:00 p.m., and on December 11, 2018, at 7:00 p.m., in 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 2.078 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 in Exhibit "A", which is attached to and incorporated in this ordinance for all purposes. DESCRIPTION, of a 2.078 acre (90,523 square foot) tract of land situated in the Walter Houston Survey, Abstract No. 719, Tarrant County, Texas; said tract being part of Lot 1, Block 11, Linkwood Estates, an addition to Tarrant County according to the plat recorded in Volume 388-7, Page 136 of the Plat Records of Tarrant County, Texas; said tract also being all of those tracts of land described in Warranty Deed to the City of Fort Worth recorded in Instrument Nos. D218007779 and D218004791, of the Official Public Records of Tarrant County, Texas; said 2.078 acre (90,523 square foot) tract being more particularly described as follows: BEGINNING, at a brass disk stamped "TXDOT" found at the east end of a right-of-way corner clip at the intersection of the south right-of-way line of Interstate Highway No. 30 (a variable width right-of-way) and the east right-of-way line of Linkmeadow Drive (a 60 -foot wide right-of-way); said point being the most northerly northwest corner of the first said City of Fort Worth tract; THENCE, along the said south line of Interstate Highway No. 30, the following three (3) calls: South 88 degrees, 01 minutes, 48 seconds East, at a distance of 87.84 feet passing the northeast corner of the first referenced City of Fort Worth tract and the northwest corner of the second referenced City of Fort Worth tract, continuing for a total distance of 91.09 feet to a brass disk stamped "TXDOT" found for an angle point; South 87 degrees, 04 minutes, 48 seconds East, a distance of 76.13 feet to an angle point; Annexation — AX -18-007 Ordinance No. 23514-12-2018 Page 2 of 14 South 85 degrees, 55 minutes, 48 seconds East, a distance of 66.14 feet to a 5/8 -inch iron rod found for the northeast corner of the second referenced City of Fort Worth tract and the northwest corner of Lot 38, Block 3, Mary's Creek Addition, an addition to the City of Fort Worth according to the plat recorded in Volume 388-176, Page 42 of the said Plat Records said point also being in the existing westerly city limits of the City of Fort Worth; THENCE, South 00 degrees, 32 minutes, 42 seconds West, departing the said south line of Interstate Highway No. 30 Frontage Road and along the east line of the second referenced City of Fort Worth, the west line of said Block 3 and the said westerly City Limits line, a distance of 314.75 feet to a point for the southeast corner of the second referenced City of Fort Worth tract and the northeast corner of that tract of land described as Tract 3 in Warranty Deed to John Shipley recorded in Instrument No. D217039023 of the said Official Public Records; THENCE, North 89 degrees, 27 minutes, 18 seconds West, departing the said west line of Block 3 and along the north line of said Shipley tract, a distance of 144.75 feet to a point for corner in a power pole found at the southwest corner of the second referenced City of Fort Worth tract, the southeast corner of the first referenced City of Fort Worth tract; THENCE, North 89 degrees, 33 minutes, 28 seconds West, a distance of 141.06 feet to a 1/2 -inch iron rod found for the southwest corner the first referenced City of Fort Worth tract; said point being in the said east line of Linkmeadow Drive; THENCE, North 00 degrees, 26 minutes, 20 seconds East, along the west line of said Lot 1 and the said east line of Linkmeadow Drive, a distance of 272.92 feet to a 1/2 -inch iron rod with "PACHECO KOCH" cap set for corner at the west end of a right-of-way corner clip at the intersection of the said south line of Interstation Highway No. 30 and the said east line of Linkmeadow Drive; THENCE, North 46 degrees, 25 minutes, 12 seconds East, along said corner clip, a distance of 74.07 feet to the POINT OF BEGINNING; CONTAINING: 90522.61 square feet or 2.078 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. 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. Annexation — AX -18-007 Ordinance No. 23514-12-2018 Page 3 of 14 SECTION 3. That all portions of the right-of-way, comprising approximately 0.511 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 and depicted in Exhibit B, which is 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 Municipal Services Plan and shall be bound by the acts, ordinances, resolutions and regulations of the City of Fort Worth, Texas. SECTION 5. MUNICIPAL SERVICES PLAN That the Municipal Services Plan 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 -18-007 Ordinance No. 23514-12-2018 Page 4 of 14 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 TO FORM AND LEGALITY: Tyler F/Wajl h Senior AB6stant City Attorney ADOPTED AND EFFECTIVE: December 11 Annexation — AX -18-007 ATTEST: I Mary J. Kay City Secretar 18 Ordinance No. 23514-12-2018 Page 5 of 14 n b EXHIBIT A SURVEY OF THE PROPERTY INTERSTATE HIGHWAY NO. 30 S 88'01'48"E (A VANAIKE WDIN RMT --CF WAYJ 91.09' J 768 3'04'48" E P. 0.6 S Disc STAMPED \ ' •TxDOr FOUND \ IRF i/2 -NCH IRON BRASS a� ROD FOUND T.('-f.r N 46'25'12 EJ UJ 74.07' I ROD FOUND (QM.) W Q'� E 0 1.078 ACRES 1� olN _ 00 :2 (90,523 SF) IZ W 0 0 Dm UNE IJ N W- m ~ CITY OF 60' R.O.W. NarWDO f : FORT cNO. 1p o I- p M o z l p718004791) ! �0 0OJ>-vI ' Z 89'33'28" W 14 141.06' 9 POINU P0POLE IRF 0 �- wO M a J N 897 I Z as 144.75' 04 U W F rI I TRACT 3 JOHN SHIPLEY m025 0 Di0 (INST. NO. 3 D217039023) Y This document was prepared under 22 TAC 1663.21, 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 o - established by the creation or reconfigurati of the boundary of the political subdivision which it was prepared. -741/1-5 Michael Larry ewis, Jr. oth Registered Professional Land Surveyor No. 5773 85'55'48" E .14' LOT 38 -" DIANE M. PRINCE (INST. N0. 1031443731 LOT 37 )AVID LAWSON (INST. N0. 0 D21122 92 MARYS CREEK ADDITION (VOL. 388-176, PG. 42) E LOT 36 1 M ♦--- GARY R. PRINCE, W. (INST. NO. 0211298 198) LOT 35 Q DELTON LONCLEY (VOL. 8786. W PG. 177 �� Q LOT 34, BLOCK 3 MICHAEL A. NAJERA INST. N0, D21 54832 4 7) IN W — 6 8 Pacheco Koch FOOT 11ESTERN '' 412. 1001 FORT WORTH TX 7e107 817.412 7135 A. TX REG. ENGINEERING FIRM F-488 TX REQ SURVEYING FIRM LS -10008001 wmmw rr I cIgw"ev or sc.4lr ET ACP t'm100' PAM 1 .06 AILOWdr JULY 2019 1 4012-17.508 0 50 100 200 GRAPHIC SCALE IN FEET LEGEND — — — — PROPERTY INE 0 POINT FOR CORNER (us,Ess OniER1eSE NOTED) (P.O.B.) PONT OF BEGINNING (C.M.) - CONTROLLING MONUMENT NOTES, 1. A metes and bounds description of even survey date herewith accompanies this plat of survey. 2. Bearing system for this survey is based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone 4202, based on observations made on March 10. 2014 with a combined scale factor of 1.00012. EXHIBIT 'B' 2.078 ACRE TRACT PART OF WALTER HOUSTON SURVEY. ABSTRACT NO. 719. TARRANT COUNTY, TEXAS PAGE 3 OF 3 Annexation - AX -18-007 Ordinance No. 23514-12-2018 Page 6 of 14 EXHIBIT B LEGAL DESCRIPTION RIGHT-OF-WAY ANNEXATION DESCRIPTION of a 22,273 square foot (0.511 acre) tract of land situated in the Walter Houston Survey, Abstract No. 719, Tarrant County, Texas; said tract being a part of Lot 1, Block 1, a part of Lot 1, Block 11 and a part of Linkmeadow Drive, Linkwood Estates Addition, an addition to Tarrant County according to the plat recorded in Volume 388-7, Page 136 of the Plat Records of Tarrant County, Texas; said tract being part of those tracts of land described in: Deed to the State of Texas (ST PARCEL 1) recorded in Volume 4953, Page 939, of the Deed Records of Tarrant County, Texas; and Deed to to the State of Texas (ST PARCEL 2) recorded in Volume 4966, Page 312 of said Deed Records; said 22,273 square foot tract being more particularly described as follows (bearing system for this survey is based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone 4202, based on observations made on March 10, 2014 with a combined scale factor of 1.00012): BEGINNING, at a brass disc stamped (TxDOT) found in the south right-of-way line of Interstate Highway No. 30 Frontage Road and in the north line of said Lot 1, said point being the east corner of said ST PARCEL 1; THENCE, South 46 degrees 25 minutes 12 seconds West, departing the said south line of Interstate Highway No. 30 Frontage Road and along the southeast line of said ST PARCEL 1, a distance of 74.07 feet to a 1/2 -inch iron rod with "PACHECO KOCH" cap found for corner in the east line of said Linkmeadow Drive and the west line of said Lot 1, Block 11; THENCE, South 00 degrees 26 minutes 20 seconds West, along the said east line of Linkmeadow Drive and the said west line of Lot 1, a distance of 272.92 feet to a 1/2 -inch iron rod found for the southwest corner of said Lot 1, Block 11; THENCE, North 89 degrees 33 minutes 40 seconds West, departing the said west line of Lot 1, Block 11, a distance of 60.00 feet to a point for corner in the west line of said Linkmeadow Drive and the east line of Lot 1, Block 5, of said Linkwood Estates Addition; THENCE, North 00 degrees 26 minutes 20 seconds East, along the west line of said Linkmeadow Drive, at a distance of 6 1. 00 feet passing the southeast corner of Lot 2, Block 1 of said Linkwood Estates Addition, in all a total distance of 278.13 feet to a point for corner; said point being the south corner of said ST PARCEL 2; THENCE, North 43 degrees 50 minutes 40 seconds West, departing the said west line of Linkmeadow Drive and along the southwest line of said ST PARCEL 2, a distance of 71.59 feet to a point for corner in the said south line of Interstate Highway No. 30 Frontage Road and the north line of said Lot 1, Block 1; Annexation — AX -18-007 Ordinance No. 23514-12-2018 Page 7 of 14 THENCE, South 87 degrees 48 minutes 34 seconds East, along the south line of said Interstate Highway No. 30 Frontage Road and the north line of said Lot 1, Block 1, at a distance of 50.01 feet passing the northeast corner of said Lot 1, Block 1, and at a distance of 110.04' passing the northwest corner of said Lot 1, Bock 11, in all a total distance of 163.33 feet to the POINT OF BEGINNING; CONTAINING: 22,273 square feet or 0.511 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. Annexation — AX -18-007 Ordinance No. 23514-12-2018 Page 8 of 14 EXHU INTERSTA TE �H/ HIGH WA Y N0, STATE OF TEXAS S 87'46'34" E (VOL. 4966, PG. 31 2) , FRONTA GE ROAD 163.33 LOT LINE A VARIABLE WI TH RIGHT-OF-WAY) y 0 3' �!—^-ASS DISC STxo PART OF / STAMPED °reT^ 1 I r1 FOUND LOT 1, BLOCK 1 LINKWOOD ESTATES .3�3 ADDITION (VOL. 388-7, PG. 136) E. M. PARTEN AND ELISABETH B. PARTEN (VOL 7591, PG. 1619) 20' ALLEY LOT 2, BLOCK 1 LINKWOOD ESTATES ADDITION (VOL. 388-7, PG. 136) RAUL ENRIQUEZ AND DORINA ENRIQUEZ (INST. NO. 0208394438) LINKHA VENO DRI VE LINKWOOD ESTATES ADDITION (VOL. 388-7, PG. 136) —60' R.O.W. FEDERAL NATIONAL MORTGAGE ASSOCIATION (INST. NO. D21 31 541 04) The undersigned, Registered Professional Land Surveyor, hereby certifies that this plat of00 survey accurately sets out the metes and tk , bounds of the tract described. 1P;c A' POINT OF I AN BEGINNING , \STATE OF TEXAS (VOL. 4953, PG. 939)L C4 €o 1/2 -INCH IRON ROD W/"PACHECO KOCH- CAP FOUND (C.M.) I � N RESIDUE OF C4 LOT 1, BLOCK 11 N LINKWOOD ESTATES N ADDITION ° 3(VOL. 388-7, PG. 136) ( o z CITY OF FORT WORTH p (INST. NO. D218007779) i O IO tYl 122x273 SQUARE FOOT TRACTI v 30 (0.511 ACRES) I �/ N 89'33'40' W 0 30 60 120 60.00' 1/2 -INCH IRON GRAPHIC SCALE IN FEET `ROD FOUND (C.M.) LEGEND LOT 2, BLOCK 11 _ _ _ PROPERTY LINE TRACT 1 EASEMENT LINE JOHN SHIPLEY 0 POINT FOR CORNER (INST. NO. D217039023) (UNLESS OTHERWISE NOTED) (C.M.) - CONTROLLING MONUMENT Lzl ..:................ WCHAEL LARRY LEYWf all ' < 9 5773 "T� Mica rry Le s, Jr. Oa a � Registered Professional S U R Land Surveyor No. 5773 1. A metes and bounds description of even survey date herewith accompanies this plat of survey. 2. Bearing system for this survey is based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone 4202, based on observations made on March 10, 2014 with a combined scaie factor of 1.00012. 6100 WESTERN PLACE, SUITE 22,273 SQUARE FOOT Pacheco Koch FORT WORTH. ,x 76107 817.412.7135412.4�z.�tss TRACT TX REG. ENGINEERING FIRM F-469 Tx REG. suRVEYtNc F116,1 L 10C4i6CWI WALTER HOUSTON SURVEY, ABSTRACT NO. 719, nwAmw .s r J cmc"v er o4 ar vaMAMWW TARRANT COUNTY, TEXAS RMT MLL I"= SEPT. 2D1B I ¢D12-17.506 PAGE 2 OF 2 Annexation — AX -18-007 Ordinance No. 23514-12-2018 Page 9 of 14 EXHIBIT C MUNICIPAL SERVICES PLAN MUNICIPAL SERVICES PLAN FOR CITY OF FORT WORTH ANNEXATION CASE NO. AX -18-007 1. PROPERTY. This Municipal Services Plan ("Plan") is only applicable to the City -owned parcels of land situated in Tarrant County, Texas, which consist of approximately 2.078 acres of land in the City's extraterritorial jurisdiction, such property being more particularly described and set forth in Exhibit A attached hereto and incorporated herein by reference ("Property"). The City has filed a written request for full purpose annexation of the Property, identified as Annexation Case No. AX -18-007. 2. INTENT. It is the intent of the City that this Plan 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. Once adopted by the Fort Worth City Council, it is the intent that this Plan satisfy the requirement for a written agreement with the property owner under Section 43.0672 of the Texas Local Government Code, as the City is annexing its own property. 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 Plan, "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 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. 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 Annexation — AX -18-007 Ordinance No. 23514-12-2018 Page 10 of 14 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. 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. viii. Water and Wastewater — 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 sewer mains, the water and sanitary sewage service will be provided by the City at rates establish by City ordinances for such service. 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 Department will provide education, enforcements, and abatement relating to code violations within the Property. b. The City is not required to provide a service that is not included in this Plan. c. 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. After Recording Return to: City Secretary City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 Annexation — AX -18-007 Ordinance No. 23514-12-2018 Page 11 of 14 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY DESCRIPTION, of a 2.078 acre (90,523 square foot) tract of land situated in the Walter Houston Survey, Abstract No. 719, Tarrant County, Texas; said tract being part of Lot 1, Block 11, Linkwood Estates, an addition to Tarrant County according to the plat recorded in Volume 388-7, Page 136 of the Plat Records of Tarrant County, Texas; said tract also being all of those tracts of land described in Warranty Deed to the City of Fort Worth recorded in Instrument Nos. D218007779 and D218004791, of the Official Public Records of Tarrant County, Texas; said 2.078 acre (90,523 square foot) tract being more particularly described as follows: BEGINNING, at a brass disk stamped "TXDOT" found at the east end of a right-of-way corner clip at the intersection of the south right-of-way line of Interstate Highway No. 30 (a variable width right-of-way) and the east right-of-way line of Linkmeadow Drive (a 60 -foot wide right-of-way); said point being the most northerly northwest corner of the first said City of Fort Worth tract; THENCE, along the said south line of Interstate Highway No. 30, the following three (3) calls: South 88 degrees, 01 minutes, 48 seconds East, at a distance of 87.84 feet passing the northeast corner of the first referenced City of Fort Worth tract and the northwest corner of the second referenced City of Fort Worth tract, continuing for a total distance of 91.09 feet to a brass disk stamped "TXDOT" found for an angle point; South 87 degrees, 04 minutes, 48 seconds East, a distance of 76.13 feet to an angle point; South 85 degrees, 55 minutes, 48 seconds East, a distance of 66.14 feet to a 5/8 -inch iron rod found for the northeast corner of the second referenced City of Fort Worth tract and the northwest corner of Lot 38, Block 3, Mary's Creek Addition, an addition to the City of Fort Worth according to the plat recorded in Volume 388-176, Page 42 of the said Plat Records said point also being in the existing westerly city limits of the City of Fort Worth; THENCE, South 00 degrees, 32 minutes, 42 seconds West, departing the said south line of Interstate Highway No. 30 Frontage Road and along the east line of the second referenced City of Fort Worth, the west line of said Block 3 and the said westerly City Limits line, a distance of 314.75 feet to a point for the southeast corner of the second referenced City of Fort Worth tract and the northeast corner of that tract of land described as Tract 3 in Warranty Deed to John Shipley recorded in Instrument No. D217039023 of the said Official Public Records; THENCE, North 89 degrees, 27 minutes, 18 seconds West, departing the said west line of Block 3 and along the north line of said Shipley tract, a distance of 144.75 feet to a point for corner in a power pole found at the southwest corner of the second referenced City of Fort Worth tract, the southeast corner of the first referenced City of Fort Worth tract; THENCE, North 89 degrees, 33 minutes, 28 seconds West, a distance of 141.06 feet to a 1/2 -inch Annexation — AX -18-007 Ordinance No. 23514-12-2018 Page 12 of 14 iron rod found for the southwest corner the first referenced City of Fort Worth tract; said point being in the said east line of Linkmeadow Drive; THENCE, North 00 degrees, 26 minutes, 20 seconds East, along the west line of said Lot 1 and the said east line of Linkmeadow Drive, a distance of 272.92 feet to a 1/2 -inch iron rod with "PACHECO KOCH" cap set for corner at the west end of a right-of-way corner clip at the intersection of the said south line of Interstation Highway No. 30 and the said east line of Linkmeadow Drive; THENCE, North 46 degrees, 25 minutes, 12 seconds East, along said corner clip, a distance of 74.07 feet to the POINT OF BEGINNING; CONTAINING: 90522.61 square feet or 2.078 acres of land, more or less. Annexation — AX -18-007 Ordinance No. 23514-12-2018 Page 13 of 14 i :a W INTERSTATE HIGHWAY NO. 30 e . (A VARU8IE worth fiWr--oF WAY) S 88 01 48 E P. 0.B 91.09' S 87 04'48" E 76.13 I S DISC STAMPED -TxOor FOUND 3 IRF 1/2 -NCH IRON BRASS DISC ROD FOUND STAMPED 'TxDor FOUND (C.M.) N 462512 E s/e-Na, ,Raaf 74.07' ' ROD FOUND (C.M.) 04) z %ftl^ F X1.078 ACRES !2 (90,523 SF) a: LK J N Q n $ CITY OF J t- r m N 00 LZ o l FORT WORTH 60' R.O.W. N CL W Co LL o (INST. N0. . �p�H p M o z 0218004791) 0 00 >.,: j 80z 89'33'28" W Z Y 141.06' Z POWERR POLE IRF O of to Q J V) M I---'a-� N 89'2' �Nz CL 144.75' C4 YLd ^ TRACT 3 p — JOHN SHIPLEY I 0005 3 ¢ DDO (INST. NO. D217039023) ]C zi This document was prepared under 22 TAC §663.21, does not reflect the results of on 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 fI which It was prepared. -% i /1's Michael Larry tewis. Jr. er both Registered Professional Land Surveyor No. 5773 85'55'48" E .14' LOT 38 — DIANE M. PRINCE (INST. N0. D203144373 LOT 37 MAIM DAVID LAWSON No.M (INST. 0211229925) MARY'S CREEK ADDITION - (VOL. 388-176, PG. 42) LOT 36 1 qp GARY R. PRINCE fa can (INST. NO. 1 D211298198) LOT 35 DELTON LONGLEY (VOL. 8788, l PG. 1777) _{ LOT 34, BLOCK 3 MICHAEL A. NAJERA INST. NO. D215063247) $" W — 0 50 100 200 GRAPHIC SCALE IN FEET LEGEND — — — — PROPERTY LINE 0 POINT FOR CORNER (UNLESS OTHERNISE NOTED) (P.O.B.) POINT OF BEONNING (C.M.) - CONTROLLING MONUMENT NOTES, 1. A metes and bounds description of even survey date herewith accompanies this plat of survey. ` 2. Bearing system for this survey is based on """" the Texas Coordinate System of 1983 (2011 ICMAEL IARAV LEWIS, JR ad)ustment). North Central Zone 4202, based ;A 5773 �.+; a on observations made on March 10, 2014 ► r 9 ?":: %al.. "0 with a combined scale factor of 1.00012. Pacheco Koch 6'0 0 WESTERN PLAN �"�'°°' FORT WORTH. TX 76107 017.412.7155 TX REO. ENGINEERING FNM F-469 TX REG SURVEYINC FIRM LS -10000001 CWAMM rr I CMFZXM ar AWALIt GIA FF lM MAMIE& DCI' 1 1'®100' 1 JULY 2018 j 4012--1 EXHIBIT "8,1 2.078 ACRE TRACT PART OF WALTER HOUSTON SURVEY, ABSTRACT NO. 719. TARRANT COUNTY. TEXAS PAGE 3 OF 3 Annexation— AX -18-007 Ordinance No. 23514-12-2018 Page 14 of 14 MUNICIPAL SERVICES PLAN FOR CITY OF FORT WORTH ANNEXATION CASE NO. AX -18-007 PROPERTY. This Municipal Services Plan ("Plan") is only applicable to the City -owned parcels of land situated in Tarrant County, Texas, which consist of approximately 2.078 acres of land in the City's extraterritorial jurisdiction, such property being more particularly described and set forth in Exhibit A attached hereto and incorporated herein by reference ("Property"). The City has filed a written request for full purpose annexation of the Property, identified as Annexation Case No. AX -18-007. 2. INTENT. It is the intent of the City that this Plan 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. Once adopted by the Fort Worth City Council, it is the intent that this Plan satisfy the requirement for a written agreement with the property owner under Section 43.0672 of the Texas Local Government Code, as the City is annexing its own property. 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 Plan, "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 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. 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. Owner -Initiated Annexation Service Plan I o1`5 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. Roads and Streets (including Street liAting) - 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 — 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 sewer mains, the water and sanitary sewage service will be provided by the City at rates establish by City ordinances for such service. 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 Department will provide education, enforcements, and abatement relating to code violations within the Property. b. The City is not required to provide a service that is not included in this Plan. c. 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. After Recording Return to: City Secretary City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 Owner -Initiated Annexation Service Plan 2 of 5 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY DESCRIPTION, of a 2.078 acre (90,523 square foot) tract of land situated in the Walter Houston Survey, Abstract No. 719, Tarrant County, Texas; said tract being part of Lot 1, Block 11, Linkwood Estates, an addition to Tarrant County according to the plat recorded in Volume 388-7, Page 136 of the Plat Records of Tarrant County, Texas; said tract also being all of those tracts of land described in Warranty Deed to the City of Fort Worth recorded in Instrument Nos. D218007779 and D218004791, of the Official Public Records of Tarrant County, Texas; said 2.078 acre (90,523 square foot) tract being more particularly described as follows: BEGINNING, at a brass disk stamped "TXDOT" found at the east end of a right-of-way corner clip at the intersection of the south right-of-way line of Interstate Highway No. 30 (a variable width right-of-way) and the east right-of-way line of Linkmeadow Drive (a 60 -foot wide right-of-way); said point being the most northerly northwest corner of the first said City of Fort Worth tract; THENCE, along the said south line of Interstate Highway No. 30, the following three (3) calls: South 88 degrees, 01 minutes, 48 seconds East, at a distance of 87.84 feet passing the northeast corner of the first referenced City of Fort Worth tract and the northwest corner of the second referenced City of Fort Worth tract, continuing for a total distance of 91.09 feet to a brass disk stamped "TXDOT" found for an angle point; South 87 degrees, 04 minutes, 48 seconds East, a distance of 76.13 feet to an angle point; South 85 degrees, 55 minutes, 48 seconds East, a distance of 66.14 feet to a 5/8 -inch iron rod found for the northeast corner of the second referenced City of Fort Worth tract and the northwest corner of Lot 38, Block 3, Mary's Creek Addition, an addition to the City of Fort Worth according to the plat recorded in Volume 388-176, Page 42 of the said Plat Records said point also being in the existing westerly city limits of the City of Fort Worth; THENCE, South 00 degrees, 32 minutes, 42 seconds West, departing the said south line of Interstate Highway No. 30 Frontage Road and along the east line of the second referenced City of Fort Worth, the west line of said Block 3 and the said westerly City Limits line, a distance of 314.75 feet to a point for the southeast corner of the second referenced City of Fort Worth tract and the northeast corner of that tract of land described as Tract 3 in Warranty Deed to John Shipley recorded in Instrument No. D217039023 of the said Official Public Records; THENCE, North 89 degrees, 27 minutes, 18 seconds West, departing the said west line of Block 3 and along the north line of said Shipley tract, a distance of 144.75 feet to a point for corner in a Owner -Initiated Annexation Service Plan 3 of 5 power pole found at the southwest corner of the second referenced City of Fort Worth tract, the southeast corner of the first referenced City of Fort Worth tract; THENCE, North 89 degrees, 33 minutes, 28 seconds West, a distance of 141.06 feet to a 1/2 -inch iron rod found for the southwest corner the first referenced City of Fort Worth tract; said point being in the said east line of Linkmeadow Drive; THENCE, North 00 degrees, 26 minutes, 20 seconds East, along the west line of said Lot 1 and the said east line of Linkmeadow Drive, a distance of 272.92 feet to a 1/2 -inch iron rod with "PACHECO KOCH" cap set for corner at the west end of a right-of-way corner clip at the intersection of the said south line of Interstation Highway No. 30 and the said east line of Linkmeadow Drive; THENCE, North 46 degrees, 25 minutes, 12 seconds East, along said corner clip, a distance of 74.07 feet to the POINT OF BEGINNING; CONTAINING: 90522.61 square feet or 2.078 acres of land, more or less. Owner -Initiated Annexation Service Plan 4 of 5 n a C INTERS TATE HIGHWAY NO. 30 S 88'01'48"E (A VANAKE MOTH RMT -OF -WAY) P. 0. i8 91.09' 76.813'04'48" EI S DISC STAMPED \ •TxDOT. FOUMD 3 IRF 1/2 -MCH IRON BRASS 0150 ROD FOUND STAMPED -nwr FOUND (MM.) / N 46'25'12 E 7/0 -MCH IRON® 74.07' I ROD FOUND (C.M.) as 0 X1.078 ACRES I 1� ®�N — p M (90.523 SF) k F_r, W w V W Q. 0Of §�uw OEED I 0 0 1- # I f N m a CITY OF 60' R.O.W. to Q ,r (n00 I FORT WORTH N a UN DO p (INST. N0. i +01- p M z I 0218004791) ' 0 so --I= 8913'28" W Z �C5 t 141.06' POWEREPO E IRF CO) — — _- l- F -^p Q OJ V) _ ,� N 89'2 I Za. 144.75' � V W F I TRACT 3 p — JOHN SHIPLEY moo ,10(INST. No. 3 Q D217039023) Y 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 o- estoblished by the creation or reconfigurati of the boundary of the political subdivision which it was prepared. '7411116 Michael Larry ewis, Jr. o Registered Professional Land Surveyor No. 5773 85'55'48" E .14' LOT 38 _ DIANE M. PRINCE >ls A (INST, NO. I 1203144373 w� LOT 37 w W- )AVID LAWSON (INST. NO. Q MARY'S CREEK ADDITION D211229925) (VOL. 388-176. PG. 42) IE LOT 36 ' a ±GARY R. PRINCE 1 NNW (INST. NO. D21129$198} Q LOT 35 O DELTON LONGLEY (VOL.. 8786, %U PG. 1777) LOT 34, BLOCK 3 MICHAEL A. NAJERA INST. NO_D215063247) 8" W Pacheco Koch 8100 WORTH' ' SUITE 411 FORT WE"E, Tx 70107 e17.N27f33 ATx REG. ENGNEERNG FNM F--400 Tx REM SURVEYING FNM LS -10009001 &1AAW Fr I CNE"JM it WALE oM rt a1Pe AM MMN F-7 I DUP J 1'm10D' I JJLY 2018 1 __4012-17.506 V '_N\�1 0 50 100 200 GRAPHIC SCALE IN FEET LEGEND - - PROPERTY UNE 0 POINT FOR CORNER (UNLESS OTHER1NSE NOTED) (P.O.B.) - PONT OF BEGINNING (C.M.) CONTROL NC MONUMENT NOTES, 1. A metes and bounds description of even survey dote herewith accompanies this plat of Survey. 2. Bearing system for this survey is based on the Texas Coordinate System of 1983 (2011 adjustment), North Control Zone 4202, based on observations mode on March 10, 2014 with a combined scale factor of 1.00012. EXHIBIT 'B* 2.078 ACRE TRACT PART OF WALTER HOUSTON SURVEY. ABSTRACT NO. 719, TARRANT COUNTY, TEXAS PAGE 3 OF 3 Owner -Initiated Annexation Service Plan 5 of 5 Annexation AX -18-007 Exhibit A Addition of approximately 2.078 Acres to become part of Council District 3 l IH 30 EB ENTEL:2 Ben -'y f CAMP BOWIE WEST LINKHAVEN -now— Yt �� 1 r 0 Tj�ORT'FI, 0 50 100 200 Feet Fort Worth I t DESIGNATION 1:1,800 Full Purpose - Annexation Area Limited Purpose Adjacent Cities COPYRIGHT 2018 CITY OF FORT WORTH UNAUTHORIZED REPRODUCTION IS A JI 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 Extraterritorial Jurisdiction L County Boundaries 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 12/11/2018 -Ordinance No, 23514-12-2018 DATE: Tuesday, December 11, 2018 REFERENCE NO.: L-16171 LOG NAME: 06AX-18-007, OWNER-INITITATED ANNEXATION, ORDINANCE SUBJECT: Approve Municipal Services Plan and Adopt Ordinance for the Owner -Initiated Annexation of Approximately 2.078 Acres of Land in Tarrant County and 0.511 Acres of County Right -of -Way, Located at the Intersection of West Camp Bowie Boulevard and Linkmeadow Drive, in the Far West Planning Sector, AX -18-007 (FUTURE COUNCIL DISTRICT 3) RECOMMENDATION: It is recommended that the City Council: (1) Approve the attached Municipal Services Plan for the proposed owner -initiated annexation of approximately 2.078 acres of land in Tarrant County and 0.511 acres of county right-of-way, located at the intersection of West Camp Bowie Boulevard and Linkmeadow Drive; and (2) Adopt the attached ordinance annexing approximately 2.078 acres of land in Tarrant County and 0.511 acres of county right-of-way, located at the intersection of West Camp Bowie Boulevard and Linkmeadow Drive. DISCUSSION: On September 17, 2018, the City of Fort Worth, submitted an application for full -purpose annexation. The proposed annexation of approximately 2.078 acres is situated in Tarrant County within the City of Fort Worth extraterritorial jurisdiction, at the intersection of West Camp Bowie Boulevard and Linkmeadow Drive, see map exhibit A. The proposed annexation area is currently vacant land. The property is proposed for the new City of Fort Worth Fire Station No. 43. The proposed voluntary annexation abuts 0.511 acres of county right-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 .511 acres is the required rights-of-way portion of the county roads. On October 24, 2018, the City Plan Commission voted to approve the recommendation to the City Council for the full -purpose annexation of case AX -18-007. This proposed owner -initiated annexation has one companion case. The related zoning case (ZC-18-168) was heard by the Zoning Commission on October 10, 2018, and the Zoning Commission voted to recommend approval of "E" Neighborhood Commercial district by the City Council. The proposed use as a City Fire Station was considered while assessing the financial impact to the General Fund. This site has three tax-exempt parcels classified as public properties. Since the property is owned by the City of Fort Worth it produces no tax revenue. The city tax revenue will remain at $0 over Logname: 06AX-18-007, OWNER-INITITATED ANNEXATION, ORDINANCE Page 1 of 2 the life of the development. Based on the operating costs projected from the Police, Code Compliance, and Transportation and Public Works Departments, the fiscal impact shows a negative annual effect to the General Fund. Subchapter C-3 of Chapter 43 of the Texas Local Government Code (LGC) provides for the process of annexation of an area upon a request of an owner of land. Section 43.0672 of the LGC requires a municipality that elects to annex an area upon the request of an owner first negotiate and enter into a written agreement with the owners of land in the area for the provision of municipal services. Because the City is the property owner in this instance, and because the City cannot enter into an agreement with itself, approval of the attached Municipal Services Plan is intended to satisfy the requirements of Section 43.0672. The Municipal Services Plan will include: (1) a list of each service the municipality will provide on the effective date of the annexation, and (2) a schedule that includes the period within which the municipality will provide each service that is not provided on the effective date of the annexation. The attached service plan includes these provisions as required by State law. The annexation of this site for the new Fire Station No. 43 will benefit the City's citizens by allowing the City to increase it's emergency services. The City is able to provide municipal services upon annexation in accordance with State law, without negatively impacting service provision within the City. Therefore, due to the ability of the City to provide service to the area and increase services to its citizens, staff recommends approval of the requested owner -initiated annexation, AX -18-007. The approval of the Municipal Services Plan and adoption of the attached ordinance, which also includes the approved Municipal Service Plan, completes the annexation process. If annexed for full -purposes, the area will become part of COUNCIL DISTRICT 3. This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that the impact of this annexation will be built into the long-term forecast of the General Fund. FUND IDENTIFIERS (FIDs): TO Fund Department ccoun Project Program ctivity Budget I 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: Originating Department Head: Additional Information Contact: Jay Chapa (5804) Randle Harwood (6101) Leo Valencia (2497) Logname: 06AX-18-007, OWNER-INITITATED ANNEXATION, ORDINANCE Page 2 of 2