HomeMy WebLinkAboutOrdinance 23563-02-2019ORDINANCE NO.23563-02-2019
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 13.251 ACRES
OF LAND, MORE OR LESS, OUT OF THE JAMES SMITH
SURVEY, ABSTRACT NUMBER 1149, IN DENTON COUNTY,
TEXAS (CASE NO. AX-18-0011) 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 The
Betty Sue Bellinghausen Family Trust, the owner, requesting the full -purpose
annexation of 13.251 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. �( , 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 January 15, 2019 at 7:00 p.m., on January 29, 2019, 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 13.251 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 James Smith Survey, Abstract No. 1149, Denton
County, Texas, being that tract of land as described in deed to The Betty Sue Bellinghausen
Family Trust, Charles Clyde Bellinghausen, Trustee, recorded in 2013-132480, Official
Records, Denton County, Texas (ORDCT), and being more particularly described as
follows:
COMMENCING at a 5/8" rebar found at the northeast corner of Petty Place right-of-way
per dedication deed recorded in 2010-22890 & amended dedicatory certificate recorded in
2010-34605, ORDCT, the northwest corner of a tract of land as described in Final
Judgment to FW Sports Authority, Inc., recorded in Volume 4960, Page 2270, DRDCT,
the most westerly northwest corner of a remainder portion of Texas Motor Speedway, an
addition to the City of Fort Worth, Denton County, Texas as recorded in Cabinet V, Page
493, Plat Records, Denton County, Texas, and the southwest corner of a tract of land as
described in deed to Doyle D. Wood and wife Susan D. Wood, recorded in Volume 1460,
Page 844, DRDCT, said point lying in the west line of Private Road No. 4716;
THENCE N 00024'49" W, along the west line of said Private Road No. 4716, a distance
of 531.19 feet (deeds 531.14 feet) to a point at the most westerly southwest corner of said
Bellinghausen tract and the northwest corner of a tract of land as described in deed to Oneta
Henry, recorded in Volume 4517, Page 580, DRDCT, said point lying in the east line of a
remainder portion of the First Tract as described in deed to Mitchell, Mitchell & Mitchell,
Partners, Ltd., recorded in Volume 4498, Page 2108, DRDCT, being the POINT OF
BEGINNING of the herein described tract of land;
THENCE N 00024'49" W, along the west line of said Private Road No. 4716, the west line
of said Bellinghausen tract, and the east line of said Mitchell First Tract, a distance of
430.19 feet (deed 430.47) to a 1/2" rebar found at the northwest corner of said
Bellinghausen tract and the southwest corner of a tract of land as described in deed to James
L. Eidson & Vivian Bolton, recorded in 95-R0043314, ORDCT;
THENCE N 89033'13" E, departing the west line of said Private Road No. 4716 and the
east line of said Mitchell tract, along the north line of said Bellinghausen tract and the south
line of said Eidson & Bolton tract, a distance of 1224.69 feet (deeds 1224.79 feet) to a 1/2"
rebar found at the northeast corner of Bellinghausen tract and the southeast corner of said
Eidson & Bolton tract;
Annexation—AX-18-0011 Ordinance No. 23563-02-2019
Page 2 of 5
THENCE S 00012'25" E, along the east line of said Bellinghausen tract, a distance of
480.87 feet (deed 480.47 feet) to a 1/2" rebar found at the southeast corner of said
Bellinghausen tract and the northeast corner of said Wood tract;
THENCE S 89035'00" W, along the south line of said Bellinghausen tract and the north
line of said Wood tract, a distance of 1005.02 feet (deeds 1005.27 feet) to a 1/2" rebar
found at the most southerly southwest corner of said Bellinghausen tract, said point lying
in the east line of said Henry tract;
THENCE N 00024'49" W, along a reentrant line of said Bellinghausen tract and the east
line of said Henry tract, a distance of 50.03 feet (deed 50.0 feet) to a 1/2" rebar capped
Goodwin & Marshall set at a reentrant corner of said Bellinghausen tract and the northeast
corner of said Henry tract;
THENCE S 89035' 11 " W, along a reentrant line of said Bellinghausen tract and the north
line of said Henry tract, at a distance of 217.66 feet passing a 1/2" rebar found, continuing
a total distance of 217.94 feet (deeds 217.80 feet) to the POINT OF BEGINNING and
containing 13.251 acres of land.
NOTES:
1. This Property Description represents an actual on the ground survey.
2. Bearings are referenced to the final plat of Lots 1 & 2, Block A & Lot 2, Block 1,
Speedway Distribution Center as recorded in 2009-31, Official Records, Denton
County, Texas - NAD 83 (1993) datum.
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.
Annexation—AX-18-0011 Ordinance No. 23563-02-2019
Page 3 of 5
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.
APPROVED AS TO FORM AND LEGALITY:
Melinda Ramos
Senior Assistant City Attorney
ADOPTED AND EFFECTIVE: February 5, 2019
F
Mary J. Kayser, �
City Secretary
Annexation—AX-18-0011 Ordinance No. 23563-02-2019
Page 4 of 5
GRAPHIC SCALE
I"=300'
EXHIBIT "A"
0 00
3
I
00
6OL.
GEVBER5237T FAMI, PLYG. 477PARTNERSHIP.T D.Rr=Tj
, .D.C. 44(9
-649
�01
I I
DOYLE D. WOOD
I VOL. 1460, PG. 837'
D.R.D.C.T.
11'0
r=Tj
ETJ
'A
PORTION OF
FIRST TRACT
MITCHELL, MITCHELL & MITCHELL
PARTNERS, LTD.
VOL. 4498, PG. 2108, D.R.D.C.T.
bNETA HENRY
VOL. 4517, PG. 581
D.R.D.C.T.
[= CURRENT INCORPORATED ARE
[:=13.251 ACRES TO BE ANNEX I
(GOOMMI
�4'' g
CIVIL ENGINEERS — PLANNERS — SURVEYORS
9405 NIUMV4 DOW% GMpVAn9,TX:78651
Me#o (817) 3204373
TBPL8 FIRM No. 10021M
Annexatim —AX- 18-0011
Page 5 of 5
PJA
050502
OWN
THIS EXHIBIT REPRESENTS
AN
ACTUAL ON THE GROUND SURVEY
Scalei I"=300'
Sheel
Date 1 10/29/2018
2
Job No. i 107BI
of
Draftedi
Checked i J - S. B.
Ordinance No. 23563-02-2019
Annexation AX-18-0011
Addition of approximately 13.25 Acres to become part of Council District 7
Exhibit A
FORTWORTH.
0 250 500 1,000 Feet
Fort Worth I
DESIGNATION
Ranning & Deve1//2lopment Department
108018
1:8,400
Full Purpose Annexation Area
COPYRIGHT 2018 CITY OF FORT WORTH UNAUTHORIZED REPRODUCTION IS A
Limited Purpose Adjacent Cities VIOLATION OF APPLICABLE LAWS. THIS DATA IS TO BE USED FOR A GRAPHICAL
REPRESENTATIONTT ONLY. THE ACCURACY IS NOT TO BE TAKEN I USED AS DATA
Extraterritorial Jurisdiction 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.
MUNICIPAL SERVICES AGREEMENT
BETWEEN THE CITY OF FORT WORTH, TEXAS
AND THE BETTY SUE BELLINGHAUSEN FAMILY TRUST
This Municipal Services Agreement ("Agreement") is entered into on day of
V4qiCkPA , jQ1C1 by and between the City of Fort Worth, Texas, a home -rule
municipality of the State of Texas, ("City") and The Betty Sue Bellinahausen Family Trust
( I'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 13.251 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- 18-0011 (nArmexation 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.
'121
u,"IVID INTENT. It is the intent of the City that this Agreement provide for the delivery of full,
�:03 2 7019 available municipal services to the Property in accordance with state law, which may be
Owner -Initiated Annexation Service Agreement I of
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-purposi
�d eyclu,,.iing gas or elect ical service.
gg-vdard
3. MUNICIPAL SERVICES.
a. Commencing on the Effective Date, the City will provide the municipal services
set forth below. As used in this Agreement, "providing services" includes having
services provided by any method or means by which the City may extend municipal
services to any other area of the City, including the City's infrastructure extension
policies and developer or property owner participation in accordance with
applicable city ordinances, rules, regulations, and policies.
i. Fire — The City's Fire Department will provide emergency and fire protection
services.
ii. Police — The City's Police Department will provide protection and law
enforcement services.
iii. Emergency Medical Services — The City's Fire Department and MedStar (or
other entity engaged by the City after the Effective Date) will provide emergency
medical services.
iv. Planning and Zoning — The City's Planning and Development Department will
provide comprehensive planning, land development, land use, and building
review and inspection services in accordance with all applicable laws, rules,
and regulations.
v. Parks and Recreational Facilities — Residents of the Property will be permitted
to utilize all existing publicly -owned parks and recreational facilities and all such
facilities acquired or constructed after the Effective Date (including community
service facilities, libraries, swimming pools, etc.), throughout the City. Any
private parks, facilities, and buildings will be unaffected by the annexation;
provided, however, that the City will provide for maintenance and operation of
the same upon acceptance of legal title thereto by the City and appropriations
therefor. In the event the City acquires any other parks, facilities, or buildings
necessary for City services within the Property, the appropriate City department
will provide maintenance and operations of the same.
vi. Other Publicly Owned Buildings — Residents of the Property will be permitted
to use all other publicly owned buildings and facilities where the public is
granted access.
vii. Stormwater Utility Services — The Property will be included in the City's
Stormwater Utility service area and will be assessed a monthly fee based on the
amount of impervious surface. The fees will cover the direct and indirect costs
of storrnwater 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
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 to or
provision of this Agreement or to exercise any right granted hereunder shall not constitute a
waiver of that party's right to insist upon appropriate performance or to assert any such right
on any future occasion.
10. GOVERNMENTAL POWERS. It is understood that by execution of this Agreement, the
City does not waive or surrender any of its governmental powers or immunities.
11. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each
of which shall be deemed an original and constitute one and the same instrument.
12. CAPTIONS. The captions to the various clauses of this Agreement are for informational
purposes only and shall not alter the substance of the terms and conditions of this Agreement.
13. AGREEMENT BINDS AND BENEFITS SUCCESSORS AND RUNS WITH THE
LAND. This Agreement is binding on and inures to the benefit of the parties, their successors,
and assigns. The term of this Agreement constitutes covenants running with the land
comprising the Property, is binding on the Owner and the City, and is enforceable by any
current or future owner of any portion of the Property.
14. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the
parties and supersedes all prior oral and written agreements between said parties. This
Agreement shall not be amended unless executed in writing by both parties.
Executed as of the day and year first above written to be effective on the effective date of
annexation of the Property.
Owner -Initiated Annexation Service Agreement 4 of
'I J I I WA13 0 OWN W" III 'A I so
By:
Jesus "Jay" Chapa
Assistant City Manager
Approved as to Form and Legality:
Senior Assistant City Attorney
Attest:
Mary Kayser ..
City Secretary
Approvals:
M&C _kk-AD OQ/05/19
Ordinance No. OCLI(i
THE BETTY SUE BELLINGHAUSEN
FAMILY TRUST
0 R 7-
...........
14
Charles �IliBellinghlsen,
Trustee
Owner -Initiated Annexation Service Agreement 5 of9
14
Charles �IliBellinghlsen,
Trustee
Owner -Initiated Annexation Service Agreement 5 of9
State of Texas
County of Tarrant
This instrument was acknowledged before me on the _14— day off 4 04,
by Jesus "Jay" Chapa, Assistant City Manager of the City of Fort Worth, Texas rnun ipal
corporation, on behalf of said corporation.
By: A
Notary Public, State of Texas
MARIA S. SANCHEZ
My Notary ID # 2266490
Expires December 19, 2021
State of Tex#s §
County of iA
This instrument was acknowledged before me on the, :k) ` day of 2018,
by Charles Clyde Bell1lin 05ausen h I
Trustee of The Betty Sue Bellinghausen Family Trust, on
behalf of said trusyl�
By: oe6!.,� Otl 40 Ky�e 9. wheiarr
61(',
Notary Public, State of Texas
After Recording Return to:
City Secretary
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
Owner -Initiated Annexation Service Agreement 6 o1`9
EXHIBIT A
EXHIBIT "A"
GEBERT FAMILY PARTNERSHIP, L.P. ET-j
VOL. 5237. PG. 477. DRD.C.T.
�f=—f f—0—
DOYLE D. WOOD
VOL. 1460, PG. 837
T® ETJ
CO
40
$ 0
PORTION OF
FIRST TRACT
MIT DiELL, MIT & MITCFELL
PARTNERS, LTD.
VOL. 4498. PG. 2108. D.R.D.C.T.
W; =
CURRENT INCORPORATED AREA
13 251 ACRES TO BE ANNEXED
(rj00DWWl
CND ENGWEM — KMNM — SURVEYM
2"Muftm a*^ UNPWNA'IX 1W
I - 9 (ern 3204M
TWW FM Na 70M7W
Owner -Initiated Annexation Service Agreement
su
THIS EXHIBIT REPRESENTS AN
ACTUAL ON THE GROUND SURVEY
Date a 10/29/20'18 2
ON'*.* lJob No. 1 10781 ?4.s &Vtr- of
rc Draftedc T.J.M.
doe
becked i J. S. B.
I=
EXHIBIT A
ANNEXATION LEGAL DESCRIPTION
13.251-ACRES
BEING a tract of land situated in the James Smith Survey, Abstract No. 1149, Denton County,
Texas, being that tract of land as described in deed to The Betty Sue Bellinghausen Family Trust,
Charles Clyde Bellinghausen, Trustee, recorded in 2013-13240, Official Records, Denton
County, Texas (ORDCT), and being more particularly described as follows:
COMMENCING at a 5/8" rebar found at the northeast corner of Petty Place right-of-way per
dedication deed recorded in 2010-22890 & amended dedicatory certificate recorded in 2010-
34605, ORDCT, the northwest corner of a tract of land as described in Final Judgment to FW
Sports Authority, Inc., recorded in Volume 4960, Page 2270, DRDCT, the most westerly northwest
corner of a remainder portion of Texas Motor Speedway, an addition to the City of Fort Worth,
Denton County, Texas as recorded in Cabinet V, Page 493, Plat Records, Denton County, Texas,
and the southwest corner of a tract of land as described in deed to Doyle D. Wood and wife Susan
D. Wood, recorded in Volume 1460, Page 844, DRDCT, said point lying in the west line of Private
Road No. 4716;
THENCE N 00024'4" W, along the west line of said Private Road No. 4716, a distance of 531.19
feet (deeds 531.14 feet) to a point at the most westerly southwest corner of said Bellinghausen
tract and the northwest corner of a tract of land as described in deed to Oneta Henry, recorded in
Volume 4517, Page 580, DRDCT, said point lying in the east line of a remainder portion of the
First Tract as described in deed to Mitchell, Mitchell & Mitchell, Partners, Ltd., recorded in
Volume 4498, Page 2108, DRDCT, being the POINT OF BEGINNING of the herein described
tract of land;
THENCE N 00024'49" W, along the west line of said Private Road No. 4716, the west line of said
Bellinghausen tract, and the east line of said Mitchell First Tract, a distance of 430.19 feet (deed
430.47) to a 1/2" rebar found at the northwest corner of said Bellinghausen tract and the southwest
corner of a tract of land as described in deed to James L. Eidson & Vivian Bolton, recorded in 95-
R0043314, ORDCT;
THENCE N 9033'13" E, departing the west line of said Private Road No. 4716 and the east line
of said Mitchell tract, along the north line of said Bellinghausen tract and the south line of said
Eidson & Bolton tract, a distance of 1224.69 feet (deeds 1224.79 feet) to a 1/2" rebar found at the
northeast corner of Bellinghausen tract and the southeast corner of said Eidson & Bolton tract;
THENCE S 00012'25" E, along the east line of said Bellinghausen tract, a distance of 480.87 feet
(deed 480.47 feet) to a 1/2" rebar found at the southeast corner of said Bellinghausen tract and the
northeast corner of said Wood tract;
THENCE S 9"35'00" W, along the south line of said Bellinghausen tract and the north line of said
Wood tract, a distance of 1005.02 feet (deeds 1005.27 feet) to a 1/2" rebar found at the most
southerly southwest corner of said Bellinghausen tract, said point lying in the east line of said Henry
Owner -Initiated Annexation Service Agreement 8 of 9
THENCE N 00024'49" W, along a reentrant line of said Bellinghausen tract and the east line of
said Henry tract, a distance of 50.03 feet (deed 50.0 feet) to a 1/2" rebar capped Goodwin &
Marshall set at a reentrant comer of said Bellinghausen tract and the northeast comer of said He
tract;
S 8903 5'11 " W, along a reentrant line of said Bellinghausen tract and the north line of said He
tract, at a distance of 217.66 feet passing a 1/2" rebar found, continuing a total distance of 217.94
feet (deeds 217.80 feet) to the POINT OF BEGINNING and containing 13.251 acres of land.
NOTES:
1. This Property Description represents an actual on the ground survey.
2. Bearings are referenced to the final plat of Lots I & 2, Block A & Lot 2, Block 1, Speedway
Distribution Center as recorded in 2009-31, Official Records, Denton County, Texas - NAD 83
(1993) datum.
Owner -Initiated Annexation Service Agreement 9 of9
GRAPHIC SCALE 1'=300'
0 300 600
EXHIBIT_ A
EXHIBIT "A"
GEBERT FAMILY PARTNERSHIP, L.P. E:TJ
VOL. 5237. PG. 477, D.RD.C.T. d4-448
DOYLE D. WOOD
VOL. S� D2�DPG. 837 6A � ErJ j
10
ErJ
�p
PORTION OFME
FIRST TRACT,MITCHELL. MITCHELL & MITCHELL, a
PARTNERS. LTD. —
VOL. 4498. PG. 2108. D.RD.C.T ° i _ e a r afCfci 1@ f , �` { •�/s�5i
IONETA HENRY
VOL. 4517, PG.
O.R.D.C.T.
THREE W
DRIVE
Ct1R1:1ENT INCORPORATED AREA
i MJ3.01 ACCgRgE�S��M 8E ANNEXED
'yJ� OOD VC11®1
c� �oil�ts - a��►It+iele — auaveroea
sasowrew,7x.,eas+
Me6D (6117 8ti84a78
THP18 RflM Na t0�t700
Owner -Initiated Annexation Service Agreement
5PEE
o: ?fs
io 4914 ,
•ti. f 9ho�V�
]WAY DISTRIBUTION CENTER
2012-139.
O.RD.C.T.
t
THIS EXHIBIT REPRESENTS
AN
ACTUAL ON THE GROUND SURVEY
1'1Scale r 1 "-300 '
Sheet
ty
Date t 10/29/2018
2
Job No. t 10781 -
�f
Drafted t T.J.M.
of
�Q
Checked J. S.B.
2
7of9
EXHIBIT A
ANNEXATION LEGAL DESCRIPTION
13.251-ACRES
BEING a tract of land situated in the James Smith Survey, Abstract No. 1149, Denton County,
Texas, being that tract of land as described in deed to The Betty Sue Bellinghausen Family Trust,
Charles Clyde Bellinghausen, Trustee, recorded in 201-132480, Official Records, Denton
County, Texas (ORDCT), and being more particularly described as follows:
COMMENCING at a 5/8" rebar found at the northeast corner of Petty Place right-of-way per
dedication deed recorded in 2010-22890 & amended dedicatory certificate recorded in 2010-
34605, ORDCT, the northwest corner of a tract of land as described in Final Judgment to FW
Sports Authority, Inc., recorded in Volume 4960, Page 2270, DRDCT, the most westerly northwest
corner of a remainder portion of Texas Motor Speedway, an addition to the City of Fort Worth,
Denton County, Texas as recorded in Cabinet V, Page 493, Plat Records, Denton County, Texas,
and the southwest corner of a tract of land as described in deed to Doyle D. Wood and wife Susan
D. Wood, recorded in Volume 1460, Page 844, DRDCT, said point lying in the west line of Private
Road No. 4716;
THENCE N 0002449" W, along the west line of said Private Road No. 4716, a distance of 531.19
feet (deeds 531.14 feet) to a point at the most westerly southwest corner of said Bellinghausen
tract and the northwest corner of a tract of land as described in deed to Oneta Henry, recorded in
Volume 4517, Page 580, DRDCT, said point lying in the east line of a remainder portion of the
First Tract as described in deed to Mitchell, Mitchell & Mitchell, Partners, Ltd., recorded in
Volume 4498, Page 2108, DRDCT, being the POINT OF BEGINNING of the herein described
tract of land;
THENCE N 00"24'49" W, along the west line of said Private Road No. 4716, the west line of said
Bellinghausen tract, and the east line of said Mitchell First Tract, a distance of 430.19 feet (deed
430.47) to a 1/2" rebar found at the northwest corner of said Bellinghausen tract and the southwest
corner of a tract of land as described in deed to James L. Eidson & Vivian Bolton, recorded in 95-
R0043314, ORDCT;
THENCE N 89"33'I 3" E, departing the west line of said Private Road No. 4716 and the east line
of said Mitchell tract, along the north line of said Bellinghausen tract and the south line of said
Eidson & Bolton tract, a distance of 1224.69 feet (deeds 1224.79 feet) to a 1/2" rebar found at the
northeast corner of Bellinghausen tract and the southeast corner of said Eidson & Bolton tract;
THENCE S 00012'25" E, along the east line of said Bellinghausen tract, a distance of 480.87 feet
(deed 480.47 feet) to a 1/2" rebar found at the southeast corner of said Bellinghausen tract and the
northeast corner of said Wood tract;
THENCE S 89035100" W, along the south line of said Bellinghausen tract and the north line of said
Wood tract, a distance of 1005.02 feet (deeds 1005.27 feet) to a 1/2" rebar found at the most
southerly southwest corner of said Bellinghausen tract, said point lying in the east line of said Henry
Owner -Initiated Annexation service Agreement 8 of 9
tract;
THENCE N 00024'49" W, along a reentrant line of said Bellinghausen tract and the east line of
said Henry tract, a distance of 50.03 feet (deed 50.0 feet) to a 1/2" rebar capped Goodwin &
Marshall set at a reentrant corner of said Bellinghausen tract and the northeast corner of said Henry
tract;
S 89035'l 1" W, along a reentrant line of said Bellinghausen tract and the north line of said Henry
tract, at a distance of 217.66 feet passing a 1/2" rebar found, continuing a total distance of 217.94
feet (deeds 217.80 feet) to the POINT OF BEGINNING and containing 13.251 acres of land.
NOTES:
1. This Property Description represents an actual on the ground survey.
2. Bearings are referenced to the final plat of Lots 1 & 2, Block A & Lot 2, Block 1, Speedway
Distribution Center as recorded in 2009-31, Official Records, Denton County, Texas - NAD 83
(1993) datum.
Owner -Initiated Annexation service Agrternent 9 of 9
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 215/2019 - Ordinance No. 23563-02-2019
DATE: Tuesday, February 5, 2019 REFERENCE NO.: **L-16183
LOG NAME: 06AX-18-0011, OWNER-INITITATED ANNEXATION, ORDINANCE
SUBJECT:
Adopt Ordinance for the Owner -Initiated Annexation of Approximately 13.251 Acres of Land in Denton
County, Located East of Blue Mound Road, North of Highway 114 and West of Texas Motor Speedway, in
the Far North Planning Sector, AX-18-0011 (FUTURE COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance annexing approximately 13.251
acres of land in Denton County, located east of Blue Mound Road, north of Highway 114 and west of
Texas Motor Speedway.
DISCUSSION:
On October 30, 2018, representatives of the property owners, The Betty Sue Bellinghausen Family Trust,
submitted an application for full -purpose annexation. The 13.251 acres are situated in Denton County
within the City of Fort Worth extraterritorial jurisdiction, east of Blue Mound Road, north of Highway 114
and west of Texas Motor Speedway, see map Exhibit A. The proposed annexation area is currently
vacant land. The property is proposed for industrial type development, and the proposed zoning is "I"
Light Industrial.
The proposed annexation is also related to annexation cases AX-18-009 and AX-18-0010 which are
running concurrently with companion zoning cases. All three annexation cases as well as their companion
zoning cases are scheduled for final action by City Council on the same agenda.
City Plan Commission voted, on December 21, 2018 to approve the recommendation to the City Council
for the full -purpose annexation of case AX-18-0011. This proposed owner -initiated annexation has one
companion case. The related zoning case (ZC-18-185) was heard by the Zoning Commission on January
9, 2019 and the commission voted to recommend approval of "I" Light Industrial zoning by City Council.
The proposed annexation area meets both of the following conditions:
a. The area is an enclave and the City and its citizens would benefit from a logical city limit boundary that
provides for the orderly and efficient provision of services; and
b. The City is able to provide municipal services upon annexation in accordance with State law, without
negatively impacting service provision within the city.
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-18-0011.
Logn e: 06AX-18-0011, OWNER-INITITATED ANNEXATION, ORDINANCE Page 1 of 2
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):
TO
Fund Department ccoun Project ctivity Budget Reference # moun
I ID ID JProgram I Year I (Chartfield 2) 1
FROM
Fund Department ccoun Project JProgram ctivity Budget Reference # moun
ID ID Year (Chartfield 2)
CERTIFICATIONS:
Submitted for Citv Manaaer's Office bv: Jay Chapa (5804)
Oriainatina Department Head: Randle Harwood (6101)
Additional Information Contact: Leo Valencia (2497)
Logname: 06AX-18-0011, OWNER-INITITATED ANNEXATION, ORDINANCE Page 2 of 2