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HomeMy WebLinkAboutOrdinance 23617-03-2019ORDINANCE N0.23617-03-2019 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 53.397 ACRES OF LAND, MORE OR LESS, AND APPROXIMATELY 4.394 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. AX4&0013) 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 "Owners"), requesting the full -purpose annexation of 53.397 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. Aj,'b , for the provisions of municipal services in the area; and WHEREAS, the Property abuts 4.394 of an acres of right -of --way which will be annexed into the City; 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 gi nnven 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 53.397 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 73.362 acre tract described in a deed to Jeanne Shelton recorded in Instrument No. 1999415848 of the Deed Records of Denton County, Texas (DRDCT), and being more completely described as follows, to -wit: BEGINNING at a 3/4" iron pipe found for the Northwest corner of said 73.362 acre tract and being in the recognized North line of said William Sample Survey; THENCE North 89 deg. 8 min. 17 sec. East along the North line of said 73.362 acre tract and the North line of said William Sample Survey, a distance of 988.75 feet to a 5/8" capped iron rod found stamped "5587" for the Northeast corner of said 73.362 acre tract and the Northwest corner of a called 73.567 acre tract described as Tract 2 in a deed to Alliance456 Partners, LP recorded in Instrument No. 2010410449 (DRDCT), from which a 1/2" capped iron rod found stamped "LANDES" for a northerly ell corner of said 73.567 acre tract bears North 89 deg. 8 min. 17 sec. East — 80.99 feet; THENCE South 0 deg. 29 min. 33 sec. West departing the North line of said William Sample Survey and continue along the East line of said 73.362 acre tract and the West line of said 73.567 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 (200' right -of --way width at this point), from which a brass monument found stamped "TXDOT ROW" bears North 76 deg. 38 min. 01 sec. West - 1.58 feet and from which a 1/2" capped iron rod found stamped "ONSITE" for the Southeast corner of said 73.362 acre tract and the Southwest corner of said 73.567 acre tract bears South 0 deg. 29 min. 33 sec. West — 848.98 feet; THENCE North 78 deg. 42 min. 59 sec. West departing said East and West lines, continue along said North right -of --way line, a distance of 504.56 feet to a brass monument found stamped "TXDOT ROW" for a Point of Curvature of a circular curve to the left, having a Annexation—AX-18-0013 Ordinance No. 23617-03-219 Page 2 of 10 radius of 2,964.79 feet, a central angle of 8 deg. 51 min. 34 sec., and being subtended by a chord which bears North 83 deg. 8 min. 46 sec. West — 457.97 feet; THENCE in a Westerly direction along said curve to the left and along said No right- of-way line, a distance of 458.43 feet to a point for corner for the Southeast corner of Lot 3, Block 1 of Dave Addition recorded in Volume 2018, Page 152 of the Plat Records of Denton County, Texas (PRDCT), from which a 1/2" capped iron rod found stamped "SPIARS" bears South 88 deg. 3 min. 1 sec. East— 0.80' and from which a brass monument found stamped "TXDOT ROW" bears South 87 deg. 29 min. 40 sec. East — 8.40 feet; THENCE North 0 deg. 26 min. 5 sec. West departing said North right -of --way line and continue along the East line of said Lot 3, Block 1, at 2007.41 feet pass a 1/2" capped iron rod found stamped "HALFF" for the Northeast corner of said Lot 3, Block 1, continue a total distance of 2,328.03 feet to the POINT OF BEGINNING, containing 2,325,988 square feet or 53.397 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 4.505 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 below and depicted as on Exhibit B 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 Service Plan and shall be bound by the acts, ordinances, resolutions and regulations of the City of Fort Worth, Texas. Annexation—AX-18-0013 Ordinance No. 23617-03-219 Page 3 of 10 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. 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 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-18-0013 Ordinance No. 23617-03-219 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: 1 - • Melinda Ramos, Assistant City Attorney ADOPTED AND EFFECTIVE: March 26, 2019 Annexation—AX-18-0013 Ordinance No. 23617-03-219 Page 5 of 10 CALLED 380.796 ACRES MCKELVE-Y-COLS, LP. INST. NO.2014-79019 D.R.D.C.T. EXHIBIT A MAP OF PROPERTY ' CALLED 37.07 ACRES I 1 NORTHWEST INDEPENDENT t SCHOOL DISTRICT INST, NO. 2001.80047 ) I D.R.D.C:I, I YOiIVT or BEGINNING 3/4" I.P.F. "S56T' - - - f N 89008'17" E 988*751, .53 397ACRES EXISTING ZONING: NONE REMAINDER OE PROPOSED ZONING: i CALLED 335.815 ACRES EXISTING LAND USE: AGRICULTURE McKELVEY-COLE, L.P. PROPOSED LAND USE: INDUSTRIAL INST. NO, 2014-78881 D,R.D,C.T. O �i-- 00 ' M M 0% N LOT 3. BLOCK 1 REMAINDER Or CALLED DAVE ADDITION 73362 ACRES VOL, 2018, PG, 152 JEANNE SHELTON M P.R.D.C.T. ,p INST, NO, 1999-116848 M N D.R.D.C.T. ' 0* 0 04 O /0 C;f 'O Z , r h R=2964.79' < L=458.43' CORNER FROM WHICH A - A=8051'34" I/TC3.R.F,"SPIARs•' ';CB=N83008'46"W, BEARS S88'03'01 "E - 0.80' AND rROM WI IICHA ��;CL=457.97' TXDOT BRASS MON, FOUND BEARS S67°29'40'E-8.40' ~ Y NO*156 1XDOT BRASS ! �A l�HWOAF•WAYIMON, FOUND .N 780421 0 500 SCAtF. IN FEET LOT 14 BLOCK I NORTHWEST LS,D, ADDITION VOL. U. PG, 188 P.R.D,C.T. C[1 iIS�. U�(,t n0' 1276V1,Y11-1276 — A4207 t LlAAl5d�'II'Ll'SU1���:5' t 15Jj` 13S`TIUIC.J REMAINDER OF CALLED t REMAINDER OF CALLED 73.567 ACRES, TRACT 2 73.%00 ACRES, TRACT I ALLIANCE-156 PARTNERS LP I WILLIAM SCOTT WILSON INST. NO, 2010-1104d9 INST, NO.2018.3114 D,R.D.C.T, D.R.D,C.T. ( -5/8"C.I-R.F.'DUNAWAY' ) fROM WHICH A FOUND BEARINGS ARE REFERENCED 10 BRASS 6*3WMONFOUND TEXAS STATE PLANE COORDINATE BEARS N76°38'01'W - L58' - SYSTEM, NORTH CENTRAL ZONE 14202), NORTH AMERICAN DATUM OF 1983 AS DERIVED FROM GPS OBSERVATION. EXHIBIT "'A" MAP SHOWING PROPOSED ZONING "I", SI`I'UATED IN A PORTION OF THE WILLIAM SAMPLE SURVEY, ABSTRACT NO. 1207 DENTON COUNTY, TEXAS G0©DWJ1N a Job No.: 10822 Scale: 1"=500' Sheet o Draftedl. D.M.D. Checked: J,N,R, MARSHALL CIVIL ENGINEERS~ PLANNERS-- SURVEX9A& F JSUfJG'Ye ion the Ground: 10/22/2018 of 37is Te»I ate-4 a TV'.Tn rfgi'o�o;i 11/30/2018 Revised; JOHN N, ROGERS 0 6372 'PO�ESS\o?A: �R�OSURV�G�� Date Annexation—AX-18-0013 Ordinance No. 23617-03-219 Page6of10 EXHIBIT B LEGAL DESCRIPTION RIGHT-OF-WAY CIVIL ENGINEERS PLANNERS SURVEYORS EXHIBIT "A" LEGAL DESCRIPTION FOR PROPOSED ANNEXATION All that certain lot, tract, or parcel of land, silvated in a portion of the William Sample Survey, Abstract No. 1207, Denton County, Texas, being part of that certain called 73.362 acre tract described in a deed to Jeanne Shelton recorded in Instrument No. 1999-115848 of the Deed Records of Denton County, Texas (DRDCT), and being more completely described as follows, to -wit: COMMENCING at a 3I4" iron pipe found for the Northwest corner of said 73.362 acre tract and being in the recogn¢ed North line of said William Sample Survey, from which a518" capped iron rod found stamped "5587" for the Northeast corner of said 73.362 acre tract bears North 8P deg. 8 min. 17sec. East - 988.75 fe at; THENCE South 0 degrees 26 minutes 5 seconds East departing the North line of said William Sample Survey, a distance of 2,328.03 feet to a point for corner for the Southeast corner of Lot 3, Block 1 of Dave Addition recorded in Volume 2018, Page 152 of the Plat Records of Denton County, Texas (PRDCT) and being in the North right-of-way line of Farm -to -Market Highway No. 156, from which a 112" capped iron rod found stamped "SPIARS" bears South 68 deg. 3 min. 1 sec. East - 0.80' and from which a brass monument found stamped "TXDOT ROW' bears South 87 deg. 29 min. 40 sec. East .8.40 feet, said point being the TRUE POINT OF BEGINNING, and being a Point of Curvature of a non -tangent circular curve to the right, having a radius of 2,964.79 feet, a central angle of 8 degrees 51 minutes 34 seconds, and being subtended by a chord which bears South 83 degrees 8 minutes 46 seconds East - 457.97 feet; THENCE in an Easterly direction along said curve to the right and said North right-of-wayline, a distance of 458.43feet to a brass monument found stamped "TXDOT ROW'; THENCE South 78 degrees 42 minutes 59 seconds East tangent to said curve and continue along said North right-of-way line, a distance of 504.56 feel to a 51'8" capped iron rod found stamped "DUNAWAY" in the East line of said 73,362 acre tract and the West line of a called 73,567 acre tract described as Tract 2 in a deed to Alliance-156 Partners LP recorded in Instrument No. 2010-110449 (DRDCT), from which a brass monument found stamped "TXDOT ROW' bears North 76 deg. 36 min. 1 sec. West - 1.58 feet; THENCE South 0 degrees 29 minutes 33 seconds West departing said North right-of-wayline and continue along said East and West lines, a distance of 203.60 feet to a 5/8" capped iron rod foundstamped "DUNAWAY" in the South E:\10M Hines Fht 1S6\0o goVONIH 0\ANH EXATIOH VMT ROW,dvrg TEXAS • 24(6 H,tmL Me • Onpnirq TX 7(%l • 07329.47J • TBFLS #10)217C0 TENNESSEE a 04 4or Tree Dote • Hivoit, TH Al15 •90(.JLAU1 AR1ZONA i 270E Sad 4rta Sded Fed Srite 2 • Os,nd6, tZ 062?d • fi7t21$7i5 COLORADO • M E. Fanie kc • Orem%eoi Ui6re, 0) M I I •301i5R M Annexation—AX-18-0013 Ordinance No. 23617-03-219 Page 7 of 10 CIVIL ENGINEERS N PLANNERS ~ SURVEYUI1a SHALL`>i EXHIBIT "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 73.362 acre tract described in a deed to Jeanne Shelton recorded in Ir-istrument No. 1999-115848 of the Deed Records of Denton County, Texas (DRDCT), and being more completely described as follows, to -wit: CQMMENCING at a 314" iron pipe found for the Northwest corner of said 73.362 acre tract and being in the recognized North line of said William Sample Survey, from which a 5/8" capped iron rod found stamped "5587" for the Northeast corner of said 73.362 acre tract bears North 69 deg. 8 min. 17 sec. East - 986.75 feet; THENCE South 0 degrees 26 minutes 5 seconds East departing the North line of said William Sample Survey, a distance of 2,328.03 feet to a point for corner for the Southeast corner of Lot 3, Block 1 of Dave Addition recorded in Volume 2018, Page 152 of the Plat Records of Denton County, Texas (PRDCT) and being in the North right-of-way line of FarmAo-Market Highway No. 156, from which a 112" capped iron rod found stamped "SPIARS" bears South 88 deg. 3 min. 1 sec. East - 0.80' and from which a brass monument found stamped "TXDOT ROW' bears South 87 deg. 29 min. 40 sec. East -8.40 feet, said point being the TRUE POINT OF BEGINNING, and being a Point of Curvature of a non -tangent circular curve to the right, having a radius of 2,964.79 feet, a central angle of 8 degrees 51 minutes 34 seconds, and being subtended by a chord which bears South 83 degrees 8 minutes 46 seconds East - 457.97 feet; THENCE in an Easterly direction along said curve to the right andsaid North right-of-wayline, a distance of 458.43 feet to a brass monurnent found stamped "TXDOT ROW'; THENCE South 78 degrees 42 minutes 59 seconds East tangent to said curve and continue along said North right-of-way line, a distance of 50d.56 feet to a 5I8" capped iron rod found stamped "DUNAWAY" in the East line of said 73,362 acre tract and the West line of a called 73.567 acre tract described as Tract 2 in a deed to Alliance-156 Partners LP recorded in Instrument No. 2010-110449 (DRDCTj, from which a brass monument found stamped "TXDOT ROW' bears North 76 deg. 38 min. 1 sec. West - 1.58 feet; THENCE South 0 degrees 29 minutes 33 seconds West departing said North right-of-wayline and continue along said East and West lines, a distance of 203.60 feet to a 5/8" capped iron rod found stamped "DUNAWAY' in the South E:\10822-Mines FM I$6\Cogo\20MIMG\AMII E%AT I4 M VMT ROYNdwg _.. _. MmoKilo0 TEXAS • 24CS tf,tml Drive • Grspein% TX?M • E17.329 V3 • RPrS #IMI?W TEN NESSEE • &Y4 40e hm Dine • Merfris, TH 30Is* 901.83LW8 RRIZONA a 27C6 Sonh 4n Uad Pm S;rte 2 • asnd6, R SSW • 6M21872GS COLORADO • ME. Pmrtie A•e • Grrswnr Vible, Q 90111 • MS24861 Annexation—AX-18-0013 Ordinance No. 23617-03-219 Page 8 of 10 f` '' L1J d P f Q' J O ir < rt"'a0�Li J , , r w w � '` o>ol ve , w le ` r � se " U z r 'l, r°. EXHIBIT B MAP OF RIGHT-OF-WAY CURVE TABLE CURVE # RADIUS ARC LENGTH DELTA ANGLE CHORD BEARING CHORD LENGTH Cl 2964,79 458,43 8e51'34" S83008'46"E 457.97 C2 2764,79 408,39 8e27'47" N82°56'53"W 408,02 fr r L-_ N 89e08'17" E 988.75' 5/8" C.LR.F. POINT OF "5587" C01�MENCING 3/4" I.P.F. REMAINDER OFF-' CALLED 335.815 ACRES' WKELVEY-COLE, L.P. INST. NO, 2014-78881 D.R.D.C,T. j mo lier ,i00 ,%y r m f�.'� lerel `e f`f r w r o j LOT3, BLOCK I r N DAVEADDIIION o J VOL 2018, PG. 152 ' o P.R.D.C.T. lo rr ee- 'ex er r 1 } e/ er �f f ` r / r f ij r r CORNER FROM WHICH A- 1/7' C.I.R.F.'SPIARS" BEARS 588�03'01 "E - 0.80' AND FROM WHICH A TXDOT BRASS MON, FOUND BEARS S87°2940"E - 8.40 REMAINDER OF CALLED 73.362 ACRES JEANNE SHELTON INST. NO, 1999-115848 D.R.D.C.T, POINT OF BEGINNING � TXDOT BRASS C'J MON. FOUND if f ,. �r r %439�AG f , C2 ►r CV TXDOTBRASS ++z7r MON. FOUND C:TTART.F47YDINGSSURYEY r� el-. `` ''`f A 1276 ABSTA4CTNO.1276 le � le le A4207 r / f r ie i — , _ 0 500 SCALE IN FEEF 1` r e I CURRENT INCORPORATED AREA 4.394 ACRES TO BE ANNEXED REMAINDER OF CALLED 73.567 ACRES, TRACT2 ALLIANCE 156 PARTNERS LP INST. NO, 2010-110449 D.R.D.C.T. -5/8" C.LRF. "DUNAWAY" FROM WHICH A TXDOT BRASS MON. FOUND BEARS N76"38'011W - 1.5B' -r ot��,WoAYNo. Yse 5/8" C.I.R.F. "DUNAWAY" FROM WHICH ATXDOT �`—•��,,, BRASS MON, FOUND BE N7T07'04'W — 1.93' PROPOSED ANNEXATION, SITUATED IN A PORTION OF THE WILLIAM SAMPLE SURVEY, ABSTRACT NO. 1207 DENTON COUNTY, TEXAS ��®�W� < Job No.: 10822 Scale. 1=500' She �/�ARSI-3ALL = Drpfted: D.M.D. Checked: J.N.R. CIVIL ENGINEERS -- PLANNERS •— SURVEYORS Surveyed on the Ground: 10/22/2018 of 2405 Mustang Drive, Grapevine, Texas 76051 I Date Prepared: 1 /3/2019 (677) 329 -4373 TBF£ flEdSTR4T10N Y fl-Z331 T6PL5 #,442,70P Revised: Revised: REMAINDER OE CALLED 73.700 ACRES, TRACT 1 VJILLIAMSCOTT WILSON, ET AL INST, NO 2018-3114 D.R.D.C.T, LINE TABLE BEARINGS LINE # BEARING DISTANCE Ll S78042'59"E 504.56 L2 S00029'33"W 203.60 L3 N78e42'59"W 542,68 L4 N03002'02"W 200.98 ARE REFERENCED TO TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE (4202), NORTH AMERICAN DATUM OF 1983 AS DERIVED FROM GPS OBSERVATION. .� •lST6 '9 y�wa�RFos . ................. JOHN N. ROGERS �•, o� 6372 P URV' Odf �j �JJ Date Signed: 2/3/2029 Annexation—AX-18-0013 Ordinance No. 23617-03-219 Page 9 of 10 EXHIBIT C MUNICIPAL SERVICES AGREEMENT (to be inserted) Annexation—AX-18-0013 Ordinance No. 23617-03-219 Page 10 of 10 Annexation AX®18=0013 Exhibit Addition of approximately 57.8 Acres to become part of Council District 7 Fort Worth DESIGNATION Full Purpose Limited Purpose Extraterritorial Jurisdiction -Annexation Area Adjacent Cities --- County Boundaries 156 I' I 1 se Denton i� F �' a 0 a 1141—j i rr J 170 hcpcf ;Tad r--arx fI I f rb i .'. 00 I j40 00 - ego h� roR� H�, 0 245 490 980 Feet I I I i I Planning & Development Department 12/28/2018 400 COPYRIGHT 201E CITY OF FORT WORTH UNAUTHORIZED REPRODUCTION IS A N 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 OF FORT WORTH, TEXAS AND HRUS ALLIANCE LLC This Municipal Services Agreement {"Agreement"} is entered into on day of 2019 by and between the City of port Worth, 'Texas, ahome-rule municipality of the State ofTexas, {"City"} and HRUS Alliance, LLC, a Delaware limited liability company {"Owner"). RECITALS The parties agree that the following recitals arc true and correct and form the basis upon which the patties have entered into this Agrecment. 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 Gity elects to annex such an area, the City is required to enter into a written agreement with the property owner{s} that sets fot�th the City services to be provided for the Froperiy 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 53.397 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"}; WI-IEREAS, Qwner has filed a written request with the City for full -purpose annexation of the Property, identified as Annexation Case No. AX- 15-0013 {"Annexation Case"}; WHEREAS, City and Owner desire to set out the City services to be provided for the Property on or after the effective date of annexation; WHEREAS, the Annexation Case and execution of this Agreement are subject to approval by the Fort Worth City Council; and NOW THEREFORE, in exchange far the contained herein, City and Owner agree as follows: mutual covenants, CondltlOTlS and promises 1. PROPERTY. This Agreement is only applicable to the Property, which is the subject of the Annexation Case. 2. INTENT. It is the intent of the City that this Agreement provide for the delivery of fttll, Unner-lnitintcd Annexation Scn�icc Agreement 1 of 9 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. 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. Emer enc Medical Services —The City's Fire Department and IvledStar {or other entity engaged by the City after the Effective Date) will provide emergency medical services. iv. Plannin>~ 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 Propet�ty, the appropriate City department will provide maintenance and operations of the same. vi. Other Publicly Owned Buildins~s —Residents of the Property will be pernitted to use all other publicly owned buildings and facilities where the public is granted access. vii. Stormwater Utilit Services —The Property will be included in the City's Starmwater Utility service area and will 6e 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 includin Street li htin —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. Wa#er and Wastewater to Existin Structures —Occupied structures that are OHner-Initiated etnnexauion Ser��ice Agreement 2 of 9 usimay continue ng water -well and on�site sewer facilities on the Effective Date 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. d. 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 frill power, authority and legal right to execute, deliver and perform their obligations pursuant to this Agreement. OWIleI' 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. SEVERA.I3ILITY. 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 OG�nerinitiated Annexation Service Agreement 3 of 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 Tat•rant County, Texas or the United States District Court for the Northern District of Texas, Fart Worth Division and construed in confonnity 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 perfomnance or to assert any such right an any future occasion. 10. GOVERNIVYENTAL 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. O��'stcr-initiated Annexation Service Agreement � of4 CITY OF FORT W(}RTH By: Jesus "Jay" Chapa Assistant City Manager Approved as to Forni and Legality: Senior Assistant City Attorney Attest; Mary Kayser City Secretary Approvals; M&C Ordinance No State of Texas § County of Tarrant § This instrument was acknowledged before me on the day of > 2019, by Jesus "Jay" Chapa, Assistant City Manager of the City of Fort Worth, a Texas municipal corporation, on behalf of said corporation, By: Notary Public, State of Texas Otivner-]nilialed Annexation Senice Aereemcnt � of 9 k1I2US ALLIANCI14 LLC By: FIRUS interests I LLC, its sole tile", el I3y: Hines HRUS MIDI LLC, its managing member E3y: Hines HRUS Associates Limited Partnership, its sole member [3y; Hines Investment Management Holdings Limited Partnership, its general partner >3y: IHMH GP LLC, its general partner By: I -lines Real Estate Holdings Limited Partnership, its sole member By; .(C[-I [nvestments, Inc., its general partner Palmer Letzerich Senior Managing Director S"I•A"I'F: OF "TEXAS COUNTY OF HARRIS § This instrument was acknowledged before nne on this they day by Palmer Letzerich, Senior Managing Director of JCH Investments, Inc., the general p rtner of Hines Real Estate Holdings Unfitted Partnership, the sole member of HIMI-I 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 Interests I LLC, the sole member of HRUS Alliance LLC, a Delaware limited liability company, on behalf of such limited liability company. otary Public, State of Texas (h�ner-lnitiate�i Annex�iti�n Service Agreement �' °�� After Recording Return to: City Secretary City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 Chanervinitiated Annexation Service Aereerneni � �t � E2kIII13I'1 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 that certain called 73.362 acre tract described in a deed to Jeanne Shelton recorded in Instrument No. 1999-115848 of the Deed Records of Denton County, Texas (DRDCT), and being more completely described as follows, to -wit: BEGINNING at a 3/4" iron pipe found for the Northwest corner of said 73.362 acre tract and being in the recognized North line of said William Sample Survey, THENCE Narth 89 deg. 8 min. 17 sec, East along the North line of said 73.362 acre tract and the North line of said William Sample Survey, a distance of 988.75 feet to a 5/8" capped iron rod found stamped 5587 for the Northeast corner of said 73.362 acre tract and the Northwest corner of a called 73.567 acre tract described as Tract 2 in a deed to Alliance-156 Partners, LP recorded in Instrument No. 2010-110449 (DRDCT), from which a 1 /2" capped iron rod found stamped "LAN DES" for a northerly ell corner of said 73,567 acre tract bears North 89 deg. 8 min. 17 sec. East - 80.99 feet, THENCE Sauth 0 deg. 29 min. 33 sec. West departing the North line of said William Sample Survey and continue along the East line of said 73,362 acre tract and the West line of said 73.567 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 (200' right-of-way width at this point), from which a brass monument found stamped 'TXDOT ROW" bears North 76 deg. 38 min. 01 sec. West - 1.58 feet and from which a 1 /2" capped iron rod found stamped "ONSITE" for the Southeast corner of said 73.362 acre tract and the Southwest corner of said 73.567 acre tract bears South 0 deg. 29 min. 33 sec. West - 848.98 feet; THENCE North 7$ deg. 42 min. 59 sec. West departing said East and West lines, continue along said North right-of-way line, a distance of 504.56 feet to a brass monument found stamped 'TXDOT ROW" for a Point of Curvature of a circular curve to the left, having a radius of 2,964.79 feet, a central angle of 8 deg. 51 min. 34 sec., and being subtended by a chord which bears North 83 deg. 8 min. 46 sec. West - 457.97 feet; THENCE in a Westerly direction clang said curve to the left and along said North dwner-[vitiated Mnexalion SmICC Agreement 8 of 9 right-of-way line, a distance of 458.43 feet to a point for corner for the Southeast corner of Lot 3, Block 1 of Dave Addition recorded in Volume 2018, Page 152 of the Plat Records of Denton County, Texas (PRDCT), from which a 1/2 IV capped iron rod found stamped "SPIARS" bears South 88 deg. 3 min. 1 sec. East - 0,80' and from which a brass monument found stamped '7XDOT ROW" bears South 87 deg. 29 min. 40 sec. East - 8.40 feet; THENCE North 0 deg. 26 min. 5 sec. West departing said North right-of-way line and continue along the East line of said Lot 3, Block 1, at 2007.41 feet pass a 1 /2" capped iron rod found stamped "HALFF" for the Northeast corner of said Lot 3, Block 1, continue a total distance of 2,328.03 feet to the POINT OF BEGINNING, containing 2,325,988 square feet or 53.397 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 rnap attached and made a part hereof. 4of9 <)titiner-Initialed Annexation Seniee Agreement City of Fort Worth, Texas •: • • •_J11111• COUNCILA 111UPAs Approved on 3126/2019 - Ordinance No, 23617-03-2019 CONTINUED FROM A PREVIOUS WEEK DATE: Tuesday, March 19, 2019 REFERENCE NO.: L-16196 LOG NAME: 06AX-18-0013, OWNER-INITITATED ANNEXATION, ORDINANCE SUBJECT: Adopt Ordinance for the Owner -Initiated Annexation of Approximately 57.8 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-18-0013 (FUTURE COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance annexing approximately 57.8 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 57.8 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-18-0014 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-18-0013. This proposed owner -initiated annexation has one companion case. The related zoning case (ZC-19-011) 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-18-0013. 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. 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 TO Fund Department ccoun 771 e=Pro6r�am ctivity Budget Reference # Amo nu t ID D Year (Chartfield 2) Fund Department ccoun Project ID I ID CERTIFICATIONS: Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: rogram�Activity Budget III Year Jay Chapa (5804) Randle Harwood (6101) Leo Valencia (2497) Reference # Chartfield 2 un