HomeMy WebLinkAboutOrdinance 23618-03-2019ORDINANCE N0.23618-03-2019
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 56.823 ACRES
OF LAND, MORE OR LESS, AND APPROXIMATELY 4.543
ACRES OF LAND MORE OR LESS OF RIGHT-OF-WAY, OUT OF
THE WILLIAM SAMPLE SURVEY, ABSTRACT NO. 12079 IN
DENTON COUNTY, TEXAS (CASE NO. AX48-0014) 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 HRUS
Alliance, LLC, (the "Owner"), requesting the full -purpose annexation of 56.823 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, Owner
and the City negotiated and entered into a written agreement, City Secretary Contract No.
5�4151 , for the provisions of municipal services in the area; and
WHEREAS, the Property abuts 4.543 of an acres of right -of --way to be annexed;
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 March 5th and March 19, 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 56.823 acres of land,
are hereby annexed to the City of Fort Worth as a part of the city for all municipal purposes,
and the city limits are extended to include such Property being all that certain land
particularly described below and depicted as on Exhibit "A" attached to and incorporated
in this ordinance for all purposes.
All that certain lot, tract, or parcel of land, situated in a portion of the William Sample
Survey, Abstract No. 1207, Denton County, Texas, being part of that certain called 73.567
acre tract described as Tract 2 in a deed to Alliance~ 156 Partners, LP recorded in Instrument
No. 2010410449 of the Deed Records of Denton County, Texas (DRDCT), and being
more completely described as follows, to -wit:
BEGINNING at a 5/8" capped iron rod found stamped "5587" for the Northwest corner
of said 73.567 acre tract, the Northeast corner of a called 73.362 acre tract described in a
deed to Jeanne Shelton recorded in Instrument No. 1999415848 (DRDCT), and being in
the recognized North line of said William Sample Survey;
THENCE North 89 deg. 8 min. 17 sec. East along the North lines of said 73.567 acre tract
and Sample Survey, a distance of 80.99 feet to a 1/2" capped iron rod found stamped
"LANDERS" for an ell corner of said 73.567 acre tract;
THENCE South O1 deg. 43 min. 48 sec. East departing the North line of said Sample
Survey and continue along a North line of said 73.567 acre tract, a distance of 100.16 feet
to a 5/8" capped iron rod found stamped "DUNAWAY" for an ell corner of said 73.567
acre tract;
THENCE North 89 deg. 12 min. 13 sec. East along the North line of said 73.567 acre tract,
a distance of 900.68 feet to a 5/8" capped iron rod found stamped "DUNAWAY" for the
Northeast corner of same and being the Northwest corner of a called 73.700 acre tract
described as Tract 1 in a deed to William Scott Wilson, et al recorded in Instrument No.
2018-3114 (DRDCT);
THENCE South 0 deg. 29 min. 39 sec. West along the East line of said 73.567 acre tract
and the West line of said 73.700 acre tract, a distance of 2,624.07 feet to a 5/8" capped iron
rod found stamped "DUNAWAY" in the North right -of --way line of FarmAo-Market
Highway No. 156 (variable width right -of --way), from which a 1/2" iron rod found bears
North 83 deg. 51 min. 26 sec. West - 4.07 feet, said point being a Point of Curvature of a
Annexation—AX-18-0014 Ordinance No. 23618-03-2019
Page 2 of 10
non -tangent circular curve to the right, having a radius of 2,211.76 feet, a central angle of
2 deg. 41 min. 6 sec., and being subtended by a chord which bears North 80 deg. 3 min. 31
sec. West - 103.64 feet;
THENCE in a Westerly direction departing said East and West lines, and continue along
said curve to the right and said North right-of-way line, a distance of 103.65 feet to a brass
monument found stamped "TXDOT ROW";
THENCE North 59 deg. 25 min. 36 sec. West non -tangent to said curve and continue
along said North right -of --way line, a distance of 60.54 feet 1/2" capped iron rod set stamped
"GOODWIN & MARSHALL";
THENCE North 78 deg. 42 min. 59 sec. West along said North right -of --way line, a
distance of 845.57 feet 5/8" capped iron rod found stamped "DUNAWAY" in the West
line of said 73.567 acre tract and the East line of said 73.362 acre tract, from which a brass
monument found stamped "TXDOT ROW" bears North 76 deg. 38 min. 1 sec. West - 1.58
feet;
THENCE North 0 deg. 29 min. 33 sec. East departing said North right -of --way line and
continue along the West line of said 73.567 acre tract and the East line of said 73.362 acre
tract, a distance of 2,496.31 feet to the POINT OF BEGINNING, containing 2,475,207
square feet or 56.823 acres of land, more or less.
Bearings are referenced to Texas State Plane Coordinate System, North Central Zone
(4202), North American Datum of 1983 as derived from GPS observation.
SECTION 2.
The above described territory is shown on Exhibit A attached hereto and expressly
incorporated herein by reference for the purpose of depicting the location of the
hereinabove described territory.
SECTION 3.
That all portions of the right -of --way, comprising approximately 4.543 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 as on Exhibit B attached to and incorporated in this
ordinance for all purposes.
Annexation—AX-18-0014 Ordinance No. 23618-03-2019
Page 3 of 10
SECTION 4.
That the above described territory hereby annexed shall be part of the City of Fort
Worth, Texas, and the property so added hereby shall bear its pro rata part of the taxes
levied by the City of Fort Worth, Texas, and the inhabitants thereof shall be entitled to all
of the rights and privileges of all the citizens in accordance with the Service Plan and shall
be bound by the acts, ordinances, resolutions and regulations of the City of Fort Worth,
Texas.
SECTION 5.
MUNICIPAL SERVICES AGREEMENT
That the Municipal Services Agreement attached hereto as Exhibit C is approved
and incorporated into this ordinance for all purposes.
SECTION 6.
CUMULATIVE CLAUSE
This ordinance amends every prior ordinance in conflict herewith, but as to all other
ordinances or sections of ordinances not in direct conflict, this ordinance shall be, and the
same is hereby made cumulative.
SECTION 7.
SEVERABILIT V 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 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.
Annexation—AX-18-0014 Ordinance No. 23618-03-2019
Page 4 of 10
SECTION 9,
EFFECTIVE DATE
This ordinance shall be in full force and effect upon adoption.
APPROVED AS TO FORM AND LEGALITY:
I )UAVV,,.CL
Melinda Ramos, Assistant City Attorney
ADOPTED AND EFFECTIVE: March 26, 2019
Annexation AX-18-0014 Ordinance No. 23618-03-2019
Page 5 of 10
LINE TABLE
LINE #
BEARING
DISTANCE
Ll
N89°08'17"E
80.99
L2
S01 °43'48"E
100.16
L3
N59°25'36'W
50.54
REMAINDER OF
CALLED 335,815 ACRES
McKELVEY-COLS, L.P.
INST. NO.2014.78881
D.R.D.C.T,
LOT 3, BLOCK 1
DAVE ADDITION
VOL. 2018, PG, 152
P.R.D.C.L
ExxIBIT A
MAP OF PROPERTY
CALLED 37.07 ACRES
NORTHWEST INDEPENDENT I LOT I, BLOCK 1
SCHOOL DISTRICT I NORTHWEST I.S.D. ADDITION
INST. NO.2001.80047 VOL. U, PG. 188 199IN�S,S'TJI� r�
D.R,D.C.T. P.R.D.C.T.
POINT OF 01409301
14093 S�iAG1 r'D il7
BEGINNING u2 c.LR.F. A13
5! "5587" "LANDERS" _
ssa7" 41 _ L J2��i _ _. _eeeeeeee
_ -04
el N 89012'13 81 5/8'C.LR,F.
5B-C.I.R.F.
"DUNAWAY"
I'll v
DUNAWAY
Jrf).0.4 3A1i1\�
EXISTING ZONING: NONE vj , 1 5'T11A �1PN��• 12(11
PROPOSED ZONING: I A
EXISTING LAND USE: AGRICULTURE
PROPOSED LAND USE: INDUSTRIAL
M
REMAINDER OF CALLED REMAINDER OF CALLED
I "
00% ' � 73,700 ACRES, TRACT I
73.362ACRES si' WILLIAMSCOTT WILSON, FT AL
JEANNE SHELTON CVellO INST. N0.20I8-3114
INST, NO, 1999-115848ellleer '; e1• D.R.D.C.T.
D.R.D.C.T. I el w , �b
M REMAINDER OF CALLED N
O% 73,567 ACRES, TRAC12
N ALLIANCE-156 PARTNERS LP
0 INST. N0, 2010A 10449
D.R.D.CJ, M
z Z
_ 0 500
F O
5/8" -.1 Q SCALE IN FEET
C.LR F. DUN AY" f
FROM IYH(CNA �UOI
BFq�g SS MOH. FOUNp `'�\\ e, lee ell/
el e-
N7d 38'01'1V,
Rdrel
CURVE
TABLE
518" QLR.F. "DUNAWAY"
FROM WHICH A 1!2' I.R.F.
BEARS NB3°51'2b"W- A.07'
CURVE # RADIUS' ARC LENGTH I DELTA ANGLE I CHORD BEARING � CHORD LENGTH
Cl
(2211.76 I 103.65 I 2°dl'06"
EXHIBIT "A" MAP ;
PROPOSED ZONING )lift, SITUATE
WILLIAM SAMPLE SURVEY��
DENTON COUNT
ON ISIS ma
CIVIL ENGINEERS --
2495 hlustnnp (flv Grapevine, Tares 76051
� 17j ' 9-4373
TaP[t1EGiSiM11Q4t FN4
N80°03'31"W � 103.64
PORTION OF THE
'.ACT' NU. 1207
No 108$2 (Scale: 1"=500' 1 Sheet
ftS.M.D. � Checked: J.N.R.
on the Ground: 10/22/2018
Prepared: 11 /30/2018
Revised: . 1 Revised:
BEARINGS ARE
CED TO TEXAS
STATE PLANE COORDINATE
SYSTEM, NORTH CENTRAL
LONE (4202), NORTH
AMERICAN DATUM Or 198:
AS DERIVED FROM GPS
OBSERVATION.
�OFTF
4 �P '�'sra'•x•9
� Rio s
JOHN N. ROGERS
6372 '
NO SUR`10¢�
nnexation—AX-18-0014 Ordinance No. 23618-03-2019
Page 6 of 10
EXHIBIT B
LEGAL DESCRIPTION
RIGHT-OF-WAY
1 t1 \i CIVIL ENGINEERS ~PLANNERS SURVE T ORS
EKHIBIT "A"
LEGAL DESCRIPTION FOR
PROPOSED ANNEXATION
All that certain lot, tract, or parcel of land, situated in a portion of the William
Sample Survey, Abstract No. 1207, Denton County, Texas, being part of that
certain called 73.567 acre tract described as Tract 2 in a deed to Alliance-156
Partners, LP recorded in Instrument No. 2010-110449 of the Deed Records of
Denton County, Texas (DRDCT), and being more completely described as
follows, to -wit:
COMMENCING at a 5/8"capped iron rod found stamped "5587" for the
Northwest corner of said 73.567 acre tract, the Northeast corner of a called
73.362 acre tract described in a deed to Jeanne Shelton recorded in Instrument
No. 1999-115848 (DRDCT), and being in the recognized North line of said William
Sample Survey, from which a 3/4" iron pipe found for the Northeast corner of
said 73.362 acre tract bears South 89 deg. 8 min, 17 sec. West - 988.75 feet;
THENCE South 0 deg. 29 r-nin. 33 sec. West departing the North line of said William
Sample Survey and continue along the West line of said 73.567 acer tract and
the East line of said 73.362 acre tract, a distance of 2,496.31 feet to a 5/8"
capped iron rod found stamped "DUNAWAY" in the North right-of-way line of
Farm -to -Market Highway No. 156, from which a Texas Department of
Transportation brass monument found bears North 76 deg. 38 min. 1 sec. West -
1.58 feet, said point being the TRUE POINT OF BEGINNING;
THENCE South 78 deg. 42 min. 59 sec. East departing said East and West line and
continue along said North right-of-way line, a distance of 845.57 feet to a brass
monument found stamped "fXDOT ROW';
THENCE South 59 deg. 25 rein. 36 sec. East along said North right-of-way line, a
dctance of 60.54 feet to a Point of Curvature of anon -tangent circular curve to
the left, having a radius of 2,211.76 feet, a central angle of 2 deg. 41 min. 6 sec.,
and being subtended by a chord which bears South 80 deg. 3 min. 31 sec. East -
103.64 feet;
THENCE in an Easterly direction along said curve to the left and said North
right-of-wa}aline, a distance of 103.65feet to a 5/8" capped iron rod found
stamped "DUNAWAY" in the East line ofsaid 73.567 acre tract and the West line
of a called 73.700 acre tract described as Tract 1 in a deed to William Scott
Wilson, et at recorded in Instrument No. 2018-3114 (DRDCT), from which a 1/2"
on rod found bears North83 deg. 51 min. 26 sec. West - 4.07 feet;
E:\10822 - Hinet FM 1Sd\Cogo\2011I11G\AHM EXATIOH E48T COWA wg
TERRS • 2-0rb Ifrtmr Urim • 6npeirq TX 7d61 • Ei7.329.{373 • T@PlS #10311d7C
RFiiZONA • T703 Soah tlrro Sfiad Rmd Site 7 • Qmd6, dR b5?Sd • 60221STX$
TENNESSEE •
AS4 '!{Tle Tra
6rix • tlmfiis,
IH
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IS •
5C1.531.i1£8
COLORRDO • 8130 E.
Prertie 1Le •
6remoo! 4ihle,
i11
£LI11 •
305454-0%1
Annexation—AX-18-0014
Ordinance No. 23618-03-2019
Page 7 of 10
kyuUL)�v`�re 0` � CIVIL ENGINEERS � PLANNERS SURVEYORS
Al SJ ALL
THENCE South 0 deg. 29 rnin.sac. West non -tangent to said curve, departing
said North right-of-way line and continue along the East line of said 73.567 acre
tract and the West line of said 73.700 acre tract, a distance of 181.68 feet to a
5/8" capped iron rod found stamped "DUNAWAY" in the South right-of-way line
of said FarniAo-Market Highway No. 156, from which a 1/2" iron rod found bears
North 79 deg. A9 min. 9 sec. West - 2.80 feet, said point being a Point of
Curvature of a non tangent circular curve to the right, having a radius of
2,391.83 feet, a central angle of 3 deg. 17 min. 55 sec., and being subtended by
a chord which bears North 80 deg. 21 min. 56 sec. West - 137.68 feet;
THENCE in a Westerlydirection departing said East and West lines and continue
along said curve to the right and said South right -of --way line, a distance of
137.70 feet to a brass monument found stamped `TXDOT ROW";
THENCE North 78 deg. d2 min.59sec. West tangent to said curvy and continua
along said South right-of-way line, a distance of 864.59 feet to a 5/8" capped
on rod found s tamped "DUNA WAY" in the West line of said 73.567 acre tract
and the East line ofsaid 73.362 acre tract, from which a brass monument found
starnped `TXDOT ROW" bears North 77 deg. 7 min. A sec. West - 1.93 feet;
THENCE North 0 deg. 29 min. 33 sac. East departing said South right-of-way line
and continue along said East and West lines, a distance of 203.60 feet to the
POINT OF BEGINNING, containing 197,881 square feet or4.543 acres of land,
rrlore or less.
Bearings are referenced to Texas State Plane Coordinate Sytem, North Central
Zone (A202j, NorthAmerican Datum of 1983 a derived from CPS observation.
Exhibit rnap attached and made a part hereof.
E:\10 $ 22 - Hinss F1o515 d\Copo \20111N C\A HH ERAi IO H FA8 T R O Wd wg
TERRS • 2405 t1,3mr Urns • finpnira TX 7dG61 • £17.37?.d?73 • rsrrs #IQYIIAYJ
AR1ZdNA • ncs so,a u�, sa,od a,ad sr� � • ar�ar�, u ��5 • f�2�187X�5
JOHtT N. ROGERS
�tAaslmv� �
1(3(3?19
TENNESSEE •AYA t{TJeTrQ Orix • tl
CaLORADO • 9h.0 E. Prertie Le • Grmuen!
�Aue�� oQS
IH 3915 • 5(I.�I.StY%
p EU I i • 3at45?i851
Annexation—AX-18-0014 Ordinance No. 23618-03-2019
Page 8 of 10
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EXHIBIT B
MAP OF RIGHT-OF-WAY
CURVE TABLE
CURVE #
RADIUS
ARC LENGTH
DELTA ANGLE
CHORD BEARING
CHORD LENGTH
C1
2211.76
103,65
2041'06'
S80003'31"E
103,64
C2
2391.83
137.70
3017'55"
N80021'56"W
137,68
REMAINDER OF—!t"
CALLED 335.815 ACRES 1�
WKELVEY-COLE, L.P.
INST. NO, 2014-78881
D.R.D.C.T. ,4
LOT3, BLOCK 1
DAVEADDIIION
VOL.2018, PG. 152 if
' P.R.D.C.T.
`r
/I `' r
Ammar
S 89008" T' W 988.4750
`3/4" I.P.F.
POINT Or
COMMENCING
5/8" C.I.R.F.
"5587"
LF
voley
��51'BATN 51 07
REMAINDER OF CALLED
I
r i
73,362 ACRES
JEANNESHELTON
INST, NO, 1999-115848
a
D.R.D.C.T.
Mi
�I
0
0
POINT OF
i
BEGINNING
BEARINGS ARE REFERENCED TO
TEXAS STATE PLANE COORDINATE 5/8' C.I.R.F. "DUNAWAY"
SYSTEM, NORTH CENTRAL ZONE FROM WHICH ATXDOT
(4202), NORTH AMERICAN BRASS MON, FOUND
DATUM OF 1983 AS DERIVED BEARS N7797T04'W - 1.93'
FROM GPS OBSERVATION. i
I
1
rF
C�F.4TYDINGaSSZTRV1r7Y r���, r
A1276 ABS7RACTNO,1276 r
_ r _
- r
A4207 ` , r'
0 500
sC.LE IN FEET
E�
CURRENT INCORPORATED AREA
4.543 ACRES TO BE ANNEXED
I REMAINDER OF CALLED
REMAINDER OF CALLED 73.700ACRES,TRACTI
73.567 ACRES, TRACT2 I WILLIAMSCOTT WILSON, ET AL
E ALLIANC156 PARTNERS LP I INST. N0.2018-3114
INST, N0.2010-110449 D.R.D.C.T.
D.R.D.C.T.
FROM WHICH ATXDOT
BRASS MON. FOUND
BEARS N76�3B'OFW - 1.58'
TXDOT BRASS
MON FOUND
—!ems
�5�t3AC. L1
TXDOT BRASS)
MON. FOU ND
LINE TABLE
Oman
LINE # BEARING DISTANCE
LI S78e42'59"E 845.57
l2 S59025'36"E 60.54
L3 S00029'39"W 181.68
L4 N78042'59"W 864,59
L5 N0002913311E 203.60
-5/8" C.LR.F. "DUNAWAY"
FROM WHICH A 1/7' I.R.F.
BEARS N83°51'26W -40T
J
.I.R.F. "DUNAWAY"
FROM WHICH
BEARS N79'49'09'W - 2.80'
PROPOSED ANNEXATION, SITUATED IN A PORTION OF
WILLIAM SAMPLE SURVEY, ABSTRACT NO. 1207 //
DENTON COUNTY, TEXAS �E
o Job No.: 10822 Scale: 1"=500' Sheet[HN
�®®DzDrafted: D.M.D. Checked: J.N.R. N. ROGERS 1
MARSHALL = : eo 6372 �..
CIVIL ENGINEERS - PLANNERS SURVEYORS Surveyed on the Ground: 10/22/2018 of �,�FSS�p?P'
9No . 04L
2405 Mustang Drive, Grapevine, Texas 76057 Date Prepared: 1!3/2019 SURv�
(917) 329. 4373
TBFE BEGSTPATICN € F-2941
up0 0021 70.7 Revised: Revised: Date Signed: 2/3/2029
v
x
Annexation—AX-18-0014 Ordinance No. 23618-03-2019
Page 9 of 10
-5/8" C.LR.F. "DUNAWAY"
FROM WHICH A 1/7' I.R.F.
BEARS N83°51'26W -40T
J
.I.R.F. "DUNAWAY"
FROM WHICH
BEARS N79'49'09'W - 2.80'
PROPOSED ANNEXATION, SITUATED IN A PORTION OF
WILLIAM SAMPLE SURVEY, ABSTRACT NO. 1207 //
DENTON COUNTY, TEXAS �E
o Job No.: 10822 Scale: 1"=500' Sheet[HN
�®®DzDrafted: D.M.D. Checked: J.N.R. N. ROGERS 1
MARSHALL = : eo 6372 �..
CIVIL ENGINEERS - PLANNERS SURVEYORS Surveyed on the Ground: 10/22/2018 of �,�FSS�p?P'
9No . 04L
2405 Mustang Drive, Grapevine, Texas 76057 Date Prepared: 1!3/2019 SURv�
(917) 329. 4373
TBFE BEGSTPATICN € F-2941
up0 0021 70.7 Revised: Revised: Date Signed: 2/3/2029
v
x
Annexation—AX-18-0014 Ordinance No. 23618-03-2019
Page 9 of 10
EXHIBIT C
MUNICIPAL SERVICES AGREEMENT
(to be inserted)
Annexation—AX-18-0014 Ordinance No. 23618-03-2019
Page 10 of 10
Annexation Ax-1 8-0014 Exhibit A
Addition of approximately 61.43 Acres to become part of Council District 7
Fort Worth
DESIGNATION
nFull Purpose - Annexation Area
E/j Limited Purpose 0 Adjacent Cities
Lam_ Extraterritorial Jurisdiction-- J County Boundaries
J
�I
i
I
Wise Dento
114
--- 87 ----------------- -----� -
170
...............
b��
0 245 490 980 Feet
I i I i I
400
FoR� xm
Planning& Development Department
12/28/2018
� COPYRIGHT 2018 CITY OF FORT WORTH UNAUTHORIZED REPRODUCTION IS A
(Nl 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
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 QF FORT V4'QRTH, TEXAS AND
HRUS ALLIANCE LLC
This Municipal Services Agreement ("Agreement") is entered ILL W on day of
2019 by and between the City of Fort Worth, Texas, a home -rule
municipality of the State of Texas, ("City") and HRUS Alliance, LLC, a Delaware limited
liability company ("Owner").
RECITALS
The parties agree that the following recitals are true and cotmect 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 stEch 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 56.823 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-1$-0014 ("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 Fart Worth City Council; and
NOW
THEREFORE, in exchange for the mutual covenants, conditions and promises
contained herein, City and O�r�ier agree as follows:
I. 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,
)caner -Initiated Attttcxation Service Agreement 1 ON
available municipal services to the Property in accordance with state law, which may be
accomplished through any means permitted by law. For purposes of this Agreement, "full
municipal services" means all services provided by the City within its full -purpose
boundaries, including water and wastewater services and excluding gas or electrical service.
3. IVIUNICIPAL 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 wvhich 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.
IL Police The City's Police Department will provide protection and law
enforcement services.
i:ii. Emergency Medical Services — The City's Fire Department and Med5tar (or
other entity engaged by the City after the Effective Date) will provide emergency
medical services.
iv. Planning and Zonis — 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 Publiel Owned Buildin s — Residents of the Property will be permitted
to use all other publicly owned buildings and facilities where the public is
granted access.
vii. Stormwater Utility Services — The Property will be included in the City's
Stormwater Utility service area and will be assessed a monthly fee based on the
amount of impervious surface. The fees will cover the direct and indirect costs
of stormwater management services.
viii. Roads and Streets (including Street lighting) — The City's Transportation and
'Public Works Department will maintain the public streets and streetlights over
which the City has jurisdiction. The City will provide regulatory signage
services in accordance with the City policies and procedures and applicable
laws.
ix. Water and Wastewater to Existing Structures -- Occupied structures that are
On�ncr-initialed Annexation service Agrccment � °f 9
using water -well and on -site sewer facilities on the Effective Date may continue
to use the same. If a property owner desires to connect an existing structure to
the City water and sewer system, then the owner may request a connection and
receive up to 200 linear feet of water and sewer extension at the City's cost for
each occupied lot or tract in accordance with the City's "Policy for the
Installation of Community Facilities" and applicable law. Once connected to
the City's water and sanitary sewer mains, the water and sanitary sewage
service will be provided by the City at rates established by City ordinances for
such service.
x. Solid 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.
�. 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.
ti. SEVERABILITX. If any part, term; or provision of this Agreement is held by the courts to
be illegal, invalid, or othertivise 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. I1`ITERPRETATION. 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
O�ti°ner-[nitiaied Mnesation yen°ice Agreement � °f 9
according to the laws of the State of Texas. The parties acknowledge that they are of equal
bargaining power and that each of them was represented by legal counsel in the negotiation
and drafting of this Agreement.
8. GOVERNING LAW AND VENUE. Venue shall be in the state courts located in Tarrant
County, Texas or the United States District Court for the Northern District of Texas, Fort
Worth Division and construed in conformity with the provisions of Texas Local Government
Code Chapter 43.
9. NO WAIVER. The failure of either party to insist upon the performance of any term or
provision of this Agreement or to exercise any right granted hereunder shall not constitute a
waiver of that party's right to insist upon appropriate performance or to assert any such right
on any future occasion.
f 0. 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. CAPTIaNS. The captions #o 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.
p3. AGREEMENT RINDS 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 befixreen 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 Propertym
fhsner-Initiated r�nncxation Service Agrccmcnt '� �� �
CITY aF FQRT W(JRTH
Jesus "Jay" Chapa
Assistant City Manager
Approved as to Fonn and Legality:
Senior Assistant City Attot7iey
Attest:
Mary Kayser
City Secretary
Approvals:
MBcC
Ordinance No,
State of Texas �
County of Tarrant §
This instrument was acknowledged before me on the day of , 2tJ 1 �,
by Jesus "Jay" Chapa, Assistant City Manager of the City of Fort Worth, a Teas municipal
corporation, on behalf of said corporation.
IM
Notary Public, State ofTexas
O++ncr-Initiated r'lnnexatian 5ervicc Agreement � �� �
HRUS ALLIANCI✓ LLC
By: HRUS Interests I LLC, its sole member
Fay: Hines I IRUS MM ""Cl its managing member
13� : Hines HRUS Associates Limited Partnership, its sole member
s Investmen
By: Hinet Management Holdings Limited Partnership,
its general partner
B}: I llMH GP LLC, its general partner
By: Hines Real Estate Holdings Limited
Partnership, its sole member
By: JCI-1 Investments, Inc.,
its general partner
By:
STATE OF TEXAS
COUNTY OF HARRIS §
Palmer Letzerich
Senior Managing Director
This instrument was acknowledged before me on this the day of , 2019,
by Palmer Letzerich, Senior Managing Director of JCH Investments, Inc., the general partner of
Hines Real Estate Holdings Limited Partnership, the sole member of HIMH GP LLC, the general
partner of Hines Investment Management Holdings Limited Partnership, the general partner of
Hines HRUS Associates Limited Partnership, the sole member of Hines HRUS MM LLC, the
managing member of HRUS hiterests I LLC, the sole member of HRUS Alliance LLC, a Delaware
limited liability company, on behalf of such limited liability company.
Notary Public, State of Texas
Owncr-InitiatcJ Annexation 5crvicc Agreement 6 of9
After Recording Returfl to,
City Secretary
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
O�+ner-Initiated annexation SCnice agreement 7 of 9
EXHIBIT A
ANNEXATION LEGAL DESCRIPTION
All that certain lot, tract, or parcel of land, situated in a portion of the William
Sample Survey, Abstract No. 1207, Denton County, Texas, being part of fhot
certain called 73.567 acre tract described as Tract 2 in a deed to Alliance-156
Partners, LP recorded in Instrument No. 2010-110449 of the Deed Records of
Denton County, Texas (DRDCT), and being more completely described as
follows, to -wit:
BEGINNING at a 5/8" capped iron rod found stamped "5587"for the Northwest
corner of said 73.567 acre tract, the Northeast corner of a called 73.362 acre
tract described in a deed to Jeanne Shelton recorded in Instrument No. 1999-
115848 (DRDCT), and being in the recognized North line of said William Sample
Survey;
THENCE North 89 deg. 8 min. 17 sec. East along the North lines of said 73,567
acre tract and Sample Survey, a distance of 80.99 feet to a 1/2" capped iron
rod found stamped "LANDERS" for an ell corner of said 73.567 acre tract;
THENCE South O1 deg. 43 min. 48 sec. East departing the North line of said
Sample Survey and continue along a North line of said 73.567 acre tract, a
distance of 100.16 feet to a 5/8" capped iron rod found stamped "DUNAWAY"
for an ell corner of said 73.567 acre tract;
THENCE North 89 deg. 12 min. 13 sec, East along the North line of said 73.567
acre tract, a distance of 900.68 feet to a 5/8" capped iron rod found stamped
'DUNAWAY" for the Northeast corner of same and being the Northwest corner of
a called 73.700 acre tract described as Tract 1 in a deed to William Scott Wilson,
et al recorded in Instrument No. 2018-31 14 (DRDCT),'
THENCE South 0 deg. 29 rnin. 39 sec. West along the East line of said 73.567 acre
tract and the West line of said 73.700 acre tract, a distance of 2,624.07 feet to a
5/8" capped iron rod found stamped "DUNAWAY" in the North right-of-way line
of Farm -to -Market Highway No. 156 (variable width right-of-way), from which a
1 /2" iron rod found bears North 83 deg. 51 min. 26 sec. West - 4.07 feet, said
point being a Point of Curvature of a non -tangent circular curve to the right,
having a radius of 2,21 1.76 feet, a central angle of 2 deg. 41 min. 6 sec., and
being subtended by a chord which bears North 80 deg. 3 min. 31 sec. West -
103.64 feet;
Owncr-Initiated annexation Service Agreement 8 orb
THENCE in a Westerly direction departing said East and West lines, and continue
along said curve to the right and said North right-of-way line, a distance of
103.65 feet to a brass monument found stamped 'TXDDT ROW",
THENCE North 59 deg. 25 min. 36 sec. West non -tangent to said curve and
continue along said North right-of-way line, a distance of 60.54 feet 1 /2" capped
iron rod set stamped "GOODWIN & MARSHALL'
TFIENCE North 78 deg. 42 min. 59 sec. West along said North right-of-way line, a
distance of 845.57 feet 5/8" capped iron rod found stamped "DUNAWAY" in the
West line of said 73.567 acre tract and the East line of said 73.362 acre tract,
from which a brass monument found stamped 'TXDDT ROW" bears North 76
deg. 38 min. 1 sec. West - 1.58 feet;
THENCE North 0 deg. 29 min. 33 sec. East departing said North right-of-way line
and continue along the West line of said 73.567 acre tract and the East line of
said 73.362 acre tract, a distance of 2,496.31 feet to the POINT OF BEGINNING,
containing 2,475,207 square feet or 56.823 acres of land, more or less.
Bearings are referenced to Texas State Plane Coordinate System. North Central
Zone (4202), North American Datum of 1983 as derived from GPS observation.
Exhibit map attached and made a part hereof.
O�tirier-]nitiatcd Annz�ation SeniCe Rgrzenient 9 UP9
Mayor and Council C
�Ital 1.1
unication
COUNCIL ACTION.:: Approved on 3/26/2019 -Ordinance No. 23618-03-2019
CONTINUED FROM A PREVIOUS WEEK
DATE: Tuesday, March 19, 2019 REFERENCE NO.: L-16198
LOG NAME: 06AX-18-0014, OWNER-INITITATED ANNEXATION, ORDINANCE
SUBJECT:
Adopt Ordinance for the Owner -Initiated Annexation of Approximately 61.4 Acres of Land in Denton
County, Located North of Alliance Airport, South of Highway 114 and along FM 156, in the Far North
Planning Sector, AX-18-0014 (FUTURE COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance annexing approximately 61.4 acres
of land located north of Alliance Airport, south of Highway 114 and along FM 156.
DISCUSSION:
On December 21, 2018, representatives of the property owner, HRUS Alliance, LLC., submitted an
application for full -purpose annexation. The 61.4 acres is situated in Denton County within the City of Fort
Worth extraterritorial jurisdiction, north of Alliance Airport, south of Highway 114 and along FM 156, see
map Exhibit A. The proposed annexation area is currently mostly vacant land with one gas well. The
property is proposed for industrial uses, and the proposed zoning is "I" Light Industrial.
The proposed annexation is also related to annexation case AX-18-0013 which is running concurrently
with its own companion zoning case. Both 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 January 23, 2019 to approve the recommendation to the City Council for
the full -purpose annexation of case AX-18-0014. This proposed owner -initiated annexation has one
companion case. The related zoning case (ZC-19-012) was heard by the Zoning Commission on
February 13, 2019 and the commission voted to recommend approval of "I" Light Industrial zoning by City
Council.
The proposed uses were considered while assessing the financial impact to the General Fund. The city
tax revenue is expected to have a positive fiscal impact over the next 10 years after the proposed
development is built. Based on the operating costs projected from the Police, Code Compliance and
Transportation and Public Works Departments, the fiscal impact shows a slightly negative annual effect to
the General Fund for the first year, but will have a positive impact thereafter. Therefore, due to the ability
of the area to meet the City's criteria for full -purpose annexation, Staff recommends approval of the
requested owner -initiated annexation, AX-18-0014.
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.
Logname: 06AX-18-0014, OWNER-INITITATED ANNEXATION, ORDINANCE Page 1 of 2
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):
Fun
FROM
Department ccoun Project Prog
ID ID
Budget Reference #
Year (Chartfield 2
un
Fund
Department
ccoun
Project
Program
ctivity Budget
Reference #
moun
ID
ID
Year
(Chartfield 2)
CERTIFICATIONS:
Submitted for City Manager's Office bv:
Originating Department Head:
Additional Information Contact:
Jay Chapa (5804)
Randle Harwood (6101)
Leo Valencia (2497)
Logname: 06AX-18-0014, OWNER-INITITATED ANNEXATION, ORDINANCE Page 2 of 2