HomeMy WebLinkAboutOrdinance 23636-04-2019ORDINANCE N0.23636-04-2019
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 245.923 ACRES
OF LAND, MORE OR LESS, AND APPROXIMATELY 7.185
ACRES OF LAND MORE OR LESS OF RIGHTS -OF -WAY OUT OF
THE J. F. ELLIOTT SURVEY, ABSTRACT NUMBER 493, JOHN
BURSEY SURVEY ABSTRACT NUMBER 128, AND NANCY
CASTEEL SURVEY ABSTRACT NUMBER 349, TARRANT
COUNTY, TEXAS (CASE NO. AX49-004) 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
Montserrat Hills, LLC, (the "Owner"), requesting the full -purpose annexation of 245.923
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.
for the provisions of municipal services in the area; and
WHEREAS, the Property abuts 7.185 acres of state roads; 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 26, 2019 at 7:00 p.m., on April 9, 2019, at 7#00 p.m., at the City Council
Chamber;
WHEREAS, the City Council finds and determines that annexation
FT. WORTH, IX
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 245.923 acres of land,
are hereby annexed to the City of Fort Worth as apart 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 245.923 ACRE PARCEL OF LAND PARTIALLY SITUATED IN THE J. F.
ELLIOTT SURVEY, ABSTRACT NUMBER 493, JOHN BURSEY SURVEY
ABSTRACT NUMBER 128, AND NANCY CASTEEL SURVEY ABSTRACT
NUMBER 349, TARRANT COUNTY, TEXAS, BEING A 205,922 ACRE TRACT OF
LAND AS CONVEYED TO MONTSERRAT HILLS, LLC AS RECORDED IN
INSTRUMENT NUMBER D218157799, DEED RECORDS OF TARRANT COUNTY,
TEXAS AND 40.001 ACRE TRACT OF LAND DESCRIBED AS 27.436 ACRE TRACT
DESCRIBED AS PARCEL 4E, IN DEED TO H.V. LUDIE T PARTNERSHIP LTD. AS
RECORDED IN INSTRUMENT NUMBER D207134958, DEED RECORDS,
TARRANT COUNTY, TEXAS, AND A PORTION OF THAT TRACT CALLED 52.582
ACRE TRACT DESCRIBED AS PARCEL 4W, IN DEED TO H.V. LUDIE T
PARTNERSHIP LTD. AS RECORDED IN INSTRUMENT NUMBER D207134955,
DEED RECORDS, TARRANT COUNTY, TEXAS,AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT 5/8 INCH IRON ROD FOUND FOR THE NORTHEAST CORNER
OF LOT 11, AND THE NORTHWEST MOST SOUTHERLY CORNER OF LOT 10,
BLOCK 10, MONTSERRAT ADDITION AN ADDITION TO THE CITY OF FORT
WORTH, AS RECORDED IN CABINET A, SLIDE 11550, PLAT RECORDS,
TARRANT COUNTY, TEXAS;
THENCE NORTH 89 DEGREES 59 MINUTES 48 SECONDS WEST, 265.32 FEET
WITH THE NORTH LINE OF SAID BLOCK 10, TO A 5/8 INCH IRON ROD FOUND
FOR THE NORTHWEST MOST WESTERLY CORNER OF SAID MONTSERRAT
ADDITION, AND THE NORTHEAST CORNER OF A PARCEL OF LINE
DESCRIBED AS PARCEL 4 E IN DEED TO H V LUDIE T PARTNERSHIP LTD, AS
RECORDED IN INSTRUMENT NUMBER D207134958, OF SAID DEED RECORDS;
THENCE SOUTH 00 DEGREES 22 MINUTES 23 SECONDS EAST, 905.07 FEET
WITH THE WEST LINE OF SAID LOT B, TO A 5/8 INCH IRON ROD FOUND FOR
THE SOUTHEAST CORNER OF SAID 27.436 ACRE TRACT IN THE NORTH LINE
OF TEAM RANCH ROAD (80 FOOT RIGHT-OF-WAY) AS RECORDED IN VOLUME
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6596, PAGE 469, AND VOLUME 6596, PAGE 479, OF SAID DEED RECORDS FOR
THE BEGINNING OF A CURVE TO LEFT;
THENCE 1278.24 FEET ALONG THE ARC OF SAID CURVE TO THE LEFT AND
ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID TEAM RANCH ROAD,
THROUGH A CENTRAL ANGLE OF 06 DEGREES 22 MINUTES 09 SECONDS
WITH A RADIUS OF 11499.16 FEET, A TANGENT LENGTH OF 639.78 FEET AND
A CHORD WHICH BEARS SOUTH 79 DEGREES 25 MINUTES 51 SECONDS WEST,
1277.58 FEET TO A 5/8 INCH IRON WITH YELLOW CAP STAMPED "ANA" SET;
THENCE SOUTH 76 DEGREES 14 MINUTES 47 SECONDS WEST, 412.67 FEET
WITH THE NORTH RIGHT-OF-WAY LINE OF SAID TEAM RANCH ROAD TO A
5/8 INCH IRON ROD WITH YELLOW CAP STAMPED "ANA" SET FOR THE
SOUTHWEST CORNER OF HEREIN DESCRIBED TRACT;
THENCE NORTH 00 DEGREES 00 MINUTES 12 SECONDS EAST, 1237.60 FEET
TO A 5/8 INCH IRON ROD WITH YELLOW CAP STAMPED "ANA" FOUND FOR
THE NORTHWEST CORNER OF SAID 40.001 ACRE TRACT IN THE SOUTH LINE
OF SAID 205,922 ACRE TRACT;
THENCE NORTH 89 DEGREES 59 MINUTES 48 SECONDS WEST, 1174.38 FEET
WITH THE COMMON LINE OF SAID 205,922 ACRE TRACT, AND THE
REMAINDER OF SAID 52.582 ACRE TRACT TO A 5/8 INCH IRON ROD FOUND
FOR THE SOUTHWEST CORNER OF SAID 205.922 ACRE TRACT;
THENCE NORTH 17 DEGREES 22 MINUTES 35 SECONDS WEST, 428.76 FEET
WITH THE WEST LINE OF SAID 205.922 ACRE TRACT TO A 5/8 INCH IRON
FOUND FOR THE EAST RIGHT-OF-WAY LINE OF R.M. HIGHWAY NO. 2871
(VARIABLE WIDTH RIGHT-OF-WAY);
THENCE NORTH 07 DEGREES 16 MINUTES 21 SECONDS EAST, 421.27 FEET
WITH THE WEST LINE OF 205.922 ACRE TRACT TO A 5/8 INCH IRON FOUND
FOR THE EAST RIGHT-OF-WAY LINE OF SAID R.M. HIGHWAY NO. 2871;
THENCE NORTH 00 DEGREES 19 MINUTES 16 SECONDS EAST, 833.83 FEET
WITH THE WEST LINE OF SAID 205.922 ACRE TRACT TO A 5/8 INCH IRON
FOUND FOR THE EAST RIGHT-OF-WAY LINE OF SAID R.M. HIGHWAY NO.
2871;
THENCE NORTH 09 DEGREES 19 MINUTES 54 SECONDS EAST, 68.63 FEET
WITH THE WEST LINE OF SAID 205.922 ACRE TRACT TO THE SOUTHWEST
CORNER OF THAT CERTAIN TRACT OF LAND AS CONVEYED TO DONEGAL
HILLS L.P. BY DEED RECORDED IN INSTRUMENT NUMBER 210323404, OF SAID
DEED RECORDS IN THE EAST RIGHT-OF-WAY LINE OF SAID R.M. HIGHWAY
NO. 2871;
THENCE NORTH 56 DEGREES 04 MINUTES 03 SECONDS EAST, 103.13 FEET
WITH THE SOUTH LINE OF SAID DONEGAL HILLS L.P. TRACT;
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THENCE NORTH 67 DEGREES 55 MINUTES 33 SECONDS EAST, 104.50 FEET
WITH THE SOUTH LINE OF SAID DONEGAL HILLS L.P. TRACT;
THENCE NORTH 77 DEGREES 46 MINUTES 38 SECONDS EAST, 102.40 FEET
WITH THE SOUTH LINE OF SAID DONEGAL HILLS L.P. TRACT;
THENCE NORTH 78 DEGREES 42 MINUTES 42 SECONDS EAST, 231.20 FEET
WITH THE SOUTH LINE OF SAID DONEGAL HILLS L.P. TRACT;
THENCE NORTH 87 DEGREES 55 MINUTES 21 SECONDS WEST, 454.06 FEET
WITH THE NORTH LINE OF SAID DONEGAL HILLS L.P. TRACT TO THE EAST
RIGHT-OF-WAY LINE OF SAID R.M. HIGHWAY NO.2871, AND THE BEGINNING
OF A CURVE TO THE RIGHT;
THENCE 709.52 FEET ALONG THE ARC OF SAID NON -TANGENT CURVE TO
THE RIGHT AND ALONG THE WEST LINE OF SAID 205,922 ACRE TRACT AND
THE EAST RIGHT-OF-WAY LINE OF SAID R.M. HIGHWAY NO, 2871 THROUGH
A CENTRAL ANGLE OF 16 DEGREES 28 MINUTES 52 SECONDS WITH A RADIUS
OF 2466.64 FEET, A TANGENT LENGTH OF 357.23 FEET AND A CHORD WHICH
BEARS NORTH 27 DEGREES 31 MINTUES 53 SECONDS EAST, 707.08 FEET;
THENCE NORTH 35 DEGREES 47 MINUTES 29 SECONDS EAST, 228.87 FEET
WITH THE WEST LINE OF SAID ANDREWS 440 RANCH, L.P. TRACT AND THE
EAST RIGHT-OF-WAY LINE OF SAID R.M. HIGHWAY NO.28715 TO THE MIDDLE
OF MARY'S CREEK FOR THE NORTHWEST CORNER OF SAID ANDREWS 440
RANCH, L.P. TRACT AND HEREIN DESCRIBED TRACT AND BEING THE
SOUTHWEST CORNER OF THE 52.717 ACRE TRACT DESCRIBED IN DEED TO
CHERYL M. JONES RECORDED IN VOLUME 15898, PAGE 131, OF SAID DEED
RECORDS;
THENCE EASTERLY ALONG THE MIDDLE OF SAID MARY' S CREEK AND THE
NORTHERLY LINE OF SAID 205.922 ACRE TRACT, THE FOLLOWING:
NORTH 84 DEGREES 44 MINUTES 10 SECONDS EAST, 101.31 FEET;
NORTH 77 DEGREES 44 MINUTES 29 SECONDS EAST, 204.70 FEET;
NORTH 89 DEGREES 36 MINUTES 29 SECONDS EAST, 50.00 FEET;
SOUTH 81 DEGREES 22 MINUTES 31 SECONDS EAST, 184.00 FEET;
NORTH 89 DEGREES 31 MINUTES 29 SECONDS EAST, 156.00 FEET;
NORTH 66 DEGREES 37 MINUTES 29 SECONDS EAST, 59.00 FEET;
NORTH 46 DEGREES 07 MINUTES 29 SECONDS EAST, 62.00 FEET;
NORTH 29 DEGREES 50 MINUTES 29 SECONDS EAST, 214.00 FEET;
NORTH 55 DEGREES 23 MINUTES 29 SECONDS EAST, 88.00 FEET;
NORTH 84 DEGREES 02 MINUTES 29 SECONDS EAST, 107.00 FEET;
SOUTH 80 DEGREES 13 MINUTES 31 SECONDS EAST, 462.00 FEET;
NORTH 89 DEGREES 11 MINUTES 29 SECONDS EAST, 358.00 FEET;
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SOUTH 76 DEGREES 22 MINUTES 31 SECONDS EAST, 157.90 FEET TO THE
SOUTHEAST CORNER OF SAID 52.717 ACRE TRACT;
THENCE SOUTHEASTERLY ALONG THE MIDDLE OF SAID MARY'S CREEK
AND THE EASTERLY LINE OF HEREIN DESCRIBED TRACT, THE FOLLOWING:
SOUTH 73 DEGREES 50 MINUTES 57 SECONDS EAST, 330.68 FEET;
SOUTH 51 DEGREES 08 MINUTES 32 SECONDS EAST, 356.19 FEET;
SOUTH 37 DEGREES 12 MINUTES 34 SECONDS EAST, 446.40 FEET;
THENCE SOUTH O1 DEGREES 55 MINUTES 50 SECONDS WEST, 543.86 FEET TO
THE NORTHEASTERLY LINE OF 1.384 ACRE TRACT DESCRIBED AS PLUS
TRACT IN DEED TO ANDREWS 440 RANCH, L.P. AS RECORDED IN
INSTRUMENT NUMBER D214282388 OF SAID DEED RECORDS;
THENCE SOUTH 37 DEGREES 42 MINUTES 58 SECONDS EAST, 94.81 FEET
WITH THE NORTHEASTERLY LINE OF SAID 1.384 ACRE TRACT;
THENCE SOUTH 21 DEGREES OS MINUTES 32 SECONDS EAST, 31.27 FEET
WITH THE NORTHEASTERLY LINE OF SAID 1.3 84 ACRE TRACT TO THE NORTH
LINE OF BLOCK 2, OF MONTSERRAT ADDITION AS RECORDED IN CABINET A.
SLIDE 9237, PLAT RECORDS, TARRANT COUNTY, TEXAS;
THENCE SOUTH 89 DEGREES 26 MINUTES 29 SECONDS WEST, 323.00 FEET
WITH THE SOUTH LINE OF SAID 1.384 ACRE TRACT AND THE NORTH LINE OF
LOT A40R.4 BLOCK 2, MONTSERRAT AS RECORDED IN INSTRUMENT
NUMBER 206078654, OF SAID PLAT RECORDS, TO A 5/8 INCH IRON ROD WITH
CAP STAMPED "ANA" FOUND FOR THE NORTHWEST CORNER OF SAID LOT
A-lOR-l;
THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, 1610.56 FEET
WITH THE WEST LINE OF BLOCK 2, OF SAID MONTSERRAT 9237, AND SAID
LOT 10, BLOCK 10, MONTSERRAT ADDITION AS RECORDED IN CABINET "A",
SLIDE 11550, TO THE POINT OF BEGINNING AND CONTAINING 245.923
ACRES OF LAND.
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 all portions of the rights -of --way, comprising approximately 7.185 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 Exhibits `B" and "C" attached to and
incorporated in this ordinance for all purposes.
Annexation—AX-19-004 Ordinance No. 23636-04-2019
Page 5 of 11
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.
That the Municipal Services Agreement attached hereto as Exhibit "D" is approved
and incorporated into this ordinance for all purposes.
SECTION 5.
CUMULATIVE CLAUSE
This ordinance amends every prior ordinance in conflict herewith, but as to all other
ordinances or sections of ordinances not in direct conflict, this ordinance shall be, and the
same is hereby made cumulative.
SECTION 6.
SEVERABILITY CLAUSE
It is hereby declared to be the intent of the City Council that the sections,
paragraphs, sentences, clauses and phrases of this ordinance are severable, and A 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.
Annexation—AX-19-004 Ordinance No. 23636-04-2019
Page 6 of ll
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: Apri19, 2019
Annexation—AX-19-004 Ordinance No. 23636-04-2019
Page 7 of 11
Annexation AX®19=004 Exhibit A
Addition of approximately 253.11 acres to become part of Council District 3
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Limited Purpose PurP ® Annexation Area COPYRIGHT 2019 CITY OF FORT WORTH UNAUTHORIZED REPRODUCTION IS A
(N) VIOLATION OF APPLICABLE LAWS- THIS DATA IS TO BE USED FOR A GRAPHICAL
i REPRESENTATION ONLY- THE ACCURACY IS NOT TO BE TAKEN I USED AS DATA
Extraterritorial Jurisdiction jj�_ County Boundaries PRODUCED FOR ENGINEERING PURPOSES OR BY REGISTERED PROFESSIONAL
LAND SURVEYOR. THE CITY OF FORT WORTH ASSUMES NO RESPONSIBILITY FOR
THE ACCURACY OF SAID DATA.
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Annexation—AX-19-004 Ordinance No. 23636-04-2019
Page 8 of 11
EXHIBIT B
LEGAL DESCRIPTION
TEAM RANCH ROAD RIGHT-OF-WAY
BEING 3.097 ACRE INCLUDED IN THE 80 FOOT RIGHT-OF-WAY TEAM RANCH ROAD
AS RECORDED IN VOLUME 6596, PAGE 469 AND VOLUME 6596, PAGE 479, OF SAID
DEED RECORDS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING AT 5/8 INCH IRON ROD FOUND FOR THE SOUTHWEST CORNER OF LOT
B, (H.O.A.) LOT 50 FOOT ACCESS AND UTILITIES EASEMENT, MONTSERRAT
ADDITION, AN ADDITION TO THE CITY OF FORT WORTH AS RECORDED IN CABINET
A, SLIDE 11550, PLAT RECORDS, TARRANT COUNTY, TEXAS, AND THE SOUTHEAST
CORNER OF 27.436 ACRE TRACT DESCRIBED AS PARCEL 4E, IN DEED TO H.V. LUDIE
T PARTNERSHIP LTD. AS RECORDED IN INSTRUMENT NUMBER D207134958, DEED
RECORDS, TARRANT COUNTY, TEXAS, IN THE NORTH LINE OF SAID TEAM RANCH
ROAD (80 FOOT RIGHT-OF-WAY);
THENCE SOUTH 07 DEGREES 23 MINUTES OS SECONDS EAST, 80.00 FEET TO THE
SOUTH LINE OF SAID TEAM RANCH ROAD (80 FOOT RIGHT-OF-WAY) FOR THE
BEGINNING OF A CURVE TO LEFT;
THENCE 1269.34 FEET ALONG THE ARC OF SAID CURVE TO THE LEFT AND ALONG
THE SOUTH RIGHT-OF-WAY LINE OF SAID TEAM RANCH ROAD, THROUGH A
CENTRAL ANGLE OF 06 DEGREES 22 MINUTES 09 SECONDS WITH A RADIUS OF
11419.16 FEET, A TANGENT LENGTH OF 635.33 FEET AND A CHORD WHICH BEARS
SOUTH 79 DEGREES 25 MINUTES 51 SECONDS WEST, 1268.69 FEET TO A 5/8 INCH
IRON WITH YELLOW CAP STAMPED "ANA" SET;
THENCE SOUTH 76 DEGREES 14 MINUTES 47 SECONDS WEST, 412.67 FEET WITH THE
SOUTH RIGHT-OF-WAY LINE OF SAID TEAM RANCH ROAD TO A 5/8 INCH IRON ROD
WITH YELLOW CAP STAMPED "ANA" SET FOR THE SOUTHWEST CORNER OF
HEREIN DESCRIBED TRACT;
THENCE NORTH 13 DEGREES 45 MINUTES 13 SECONDS WEST, 80.00 FEET TO THE
NORTH LINE OF SAID TEAM RANCH ROAD AND THE SOUTH LINE OF THAT TRACT
CALLED 52.582 ACRE TRACT DESCRIBED AS PARCEL 4W, IN DEED TO H.V. LUDIE T
PARTNERSHIP LTD, AS RECORDED IN INSTRUMENT NUMBER D207134955, DEED
RECORDS, TARRANT COUNTY, TEXAS;
THENCE NORTH 76 DEGREES 14 MINUTES 47 SECONDS EAST, 412.67 FEET WITH THE
NORTH RIGHT-OF-WAY LINE OF SAID TEAM RANCH ROAD TO A 5/8 INCH IRON ROD
WITH YELLOW CAP STAMPED "ANA" SET FOR THE BEGINNING OF A CURVE TO THE
RIGHT;
THENCE 1278.24 FEET ALONG THE ARC OF SAID CURVE TO THE RIGHT AND ALONG
THE NORTH RIGHT-OF-WAY LINE OF SAID TEAM RANCH ROAD, THROUGH A
CENTRAL ANGLE OF 06 DEGREES 22 MINUTES 09 SECONDS WITH A RADIUS OF
11499.16 FEET, A TANGENT LENGTH OF 639.78 FEET AND A CHORD WHICH BEARS
NORTH 79 DEGREES 25 MINUTES 51 SECONDS EAST, 1277.58 FEET TO THE POINT OF
BEGINNING AND CONTAINING 3.097 ACRES OF LAND.
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Page 9 of 11
N0.:180250_annex
ISED:
EXHIBIT C
MAP OF RIGHT-OF-WAY
TEAM RANCH ROAD
S89°59'48"E 1850.78'
MONTSERRAT HILLS, LLC.
D219090528
D.R.T.C.T.
L=1278.24'
R =11499.16'
T =
639.78'
CH
= S 79°25'51 " W
CL
=1277.58' _ . e
Q
412.EGRAVEL
S76.�4:.1 ::: ::' : • ' 80' R1GH6596, P 419 L R 1289.34'
= 06°22'09" N
161
S76°1441"W 3.097 ACRE T= 836 3T
CH = S 79°25'51" W
CL =1288.09
ANNEXATION EXHIBIT
SHOWING
80 FOOT WIDE R.O.W
SITUATED IN
J.F.ELLIOT SURVEY, A-493
ARRANT COUNTY, TEXAS
IC
15
0 300 600 900
GRAPHIC SCALE IN FEET
SCALE: 1"=300'
111 .�.
•11
• �' �'�•� • 1 1 • 1 : 11
SHT.NO.: 7 OF 1
Annexation—AX-19-004 Ordinance No. 23636-04-2019
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EXHIBIT C
LEGAL DESCRIPTION
R M RD 2871 RIGHT-OF-WAY
BEING 4.088 ACRE PARCEL OF LAND SITUATED IN THE NANCY CASTEEL SURVEY
ABSTRACT NUMBER 349, TARRANT COUNTY, TEXAS, AS CONVEYED TO THE STATE
OF TEXAS BY FINAL JUDGMENT AS RECORDED IN VOLUME 6959, PAGE 1668,
VOLUME 4219, PAGE 198, AND VOLUME 6959, PAGE 1676, DEED RECORDS OF
TARRANT COUNTY, TEXAS, AS SHOWN IN THE RIGHT OF WAY MAP OF R.M.
HIGHWAY NO. 2871, PROJECT NO. A2855-1-1, AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT 5/8 INCH IRON ROD FOUND FOR THE NORTHWEST CORNER OF THAT
CERTAIN TRACT AS CONVEYED TO DONEGAL HILLS LP, BY DEED RECORDED IN
INSTRUMENT NUMBER D210323404 DEED RECORDS, TARRANT COUNTY, TEXAS,
AND BEING IN THE EAST RIGHT-OF-WAY LINE OF SAID R.M. HIGHWAY NO.2871;
THENCE SOUTH 89 DEGREES 03 MINUTES 21 SECONDS WEST, 190.76 FEET TO THE
WEST LINE OF SAID R.M. HIGHWAY NO.2871 AND THE BEGINNING OF A CURVE O
THE RIGHT;
THENCE 827.18 FEET ALONG THE ARC OF SAID NON -TANGENT CURVE TO THE
RIGHT AND
ALONG THE WEST RIGHT-OF-WAY LINE OF SAID R.M. HIGHWAY NO.2871 THROUGH
A CENTRAL ANGLE OF 17 DEGREES 54 MINUTES 26 SECONDS WITH A RADIUS OF
2646.64 FEET, A TANGENT LENGTH OF 416.99 FEET AND A CHORD WHICH BEARS
NORTH 26 DEGREES 52 MINUTES 56 SECONDS EAST, 823.82 FEET;
THENCE NORTH 35 DEGREES 47 MINUTES 29 SECONDS EAST, 228.87 FEET WITH
THE WEST RIGHT-OF-WAY LINE;
THENCE SOUTH 54 DEGREES 12 MINUTES 31 SECONDS EAST, 178.74 FEET TO THE
EAST RIGHT-OF-WAY LINE OF SAID R.M. HIGHWAY NO. 2871;
THENCE SOUTH 35 DEGREES 47 MINUTES 29 SECONDS WEST, 228.87 FEET WITH
THE EAST RIGHT-OF-WAY LINE OF SAID R.M. HIGHWAY N0.2871 AND THE
BEGINNIG OF A CURVE TO THE LEFT;
THENCE 709.52 FEET ALONG THE ARC OF SAID NON -TANGENT CURVE TO THE LEFT
AND
ALONG THE EAST RIGHT-OF-WAY LINE OF SAID R.M. HIGHWAY N0.2871 THROUGH
A CENTRAL ANGLE OF 16 DEGREES 28 MINUTES 52 SECONDS WITH A RADIUS OF
2466.64 FEET, A TANGENT LENGTH OF 357.23 FEET AND A CHORD WHICH BEARS
SOUTH 27 DEGREES 31 MINUTES 53 SECONDS WEST, 707.08 FEET TO THE POINT OF
BEGINNING AND CONTAWNING 4.088 ACRE OF LAND MORE OR LESS;
Annexation—AX-19-004 Ordinance No. 23636-04-2019
Page 11 of 11
EXHIBIT C
MAP OF RIGHT-OF-WAY
RMRD287I
CL o-F Mary ` s C eek!
a)•,��
STATE OF TEXAS ,afbl
VOL. 69592 PG.1676
D.R.T.C.T.
STATE OF TEXAS G
VOL. 42191 PG.19 . • ":
D.R.T.C.T..:::
L =
827.18'
R =
2,646.64'
T =
416.99'
CH
= N 26052'56" E
CL
= 823.82'
4 POB
DONEGAI HIIL�L
D210323404
j�
j Nj
10
i i
Q
i Ci
.x
ir
r
l =
709.62'
o=18°28'S2"
R =
29466.64'
T =
367.23'
CH
= N 27°31'53" E
CL
= 707.08'
ANNEXATION EXHIBIT
SHOWING
VARIES WIDE R.O.W
SITUATED IN
NANCY CASTEEL SURVEY, A-349
TARRANT COUNTY, TEXAS
Annexation—AX-19-004
N
SCALE: 1"=300'
SHT.NO.: 1 OF 7
Ordinance No. 23636-04-2019
Page 12 of 11
TRACT NO, r
T 's Municipal Services Agreement ("Agreement") is entered into on�l day of
ikl +� by and between the City of Fort Worth, Texas, a home -rule
municipality of the State of Texas, ("City") and Montserrat Hills, LLC. ("Owner'
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")
W1"EREAS, Owner owns certain parcels of land situated in Denton County,
Texas, which consists of approximately 245.923 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 ('Properly'
WHEREAS, Owner has filed a written request with the City for full -purpose annexation
of the Property, identified as Annexation Case No. AX-19-004 ("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;
WWEREAS, the Annexation Case and execution of this Agreement are subj ect 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:
L PROPERTY. This Agreement is only applicable to the Property, which is the subject of the
Annexation Case.
2. IhlTENT. It is the .intent of the City that this Agreement provide for the delivery of full
�j�� available municipal services to the Property in accordance with state law�whiclai may be
AI CL
er4nitiated Annexation Service Agreement r �� . �'r.� Ulf
tim �Tx
G��
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.
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 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
using water -well and on -site sewer facilities on the Effective Date may continue
Owner -Initiated Annexation. Service Agreement 2 of I2
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 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. AUTIY®RITY. 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 12
bargaining power and that each of them was represented by legal counsel in the negotiation
and drafting of this Agreement.
�. 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.
I0. GOVERI\TIVIENTAL POWERS. It is understood that by execution of this Agreement, the
City does not waive or surrender any of its governmental powers or immunities.
ll. COUIoi'TERPARTS. 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. AGREEIVIENT 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 AGREElYIENT. 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 I2
i IO; . i 9! V ,1 t t� , Al
By. �I
Jesus "Jay" Chapa
Assistant Ciiy Manager
Approved as to Form and Legality:
Senior Assistant City h.ttorney
Mary Kayser
City Secretary
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44
da oft
Approvals: �{ �r
Ordinance No. Vp
05 iag5.
State of ezas §
County of 'Tarrant §
This instrument was acknowledged before me on the day of
by Jesus "Jay" Chapa, Assistant City Manager of the City of Fort Worth, a
corporation, on behalf of said corporation. Mlk
By:
Notary Public, State of Texas
•�""'"°8•"' MARIA S. SANCHEZ
*� : • My Notary ID # 2256490
' F a. 4t a Expires December 19, 2021
it/�� �
• .
Owner -Initiated Annexation Service Agreement � ��'" ������ ���
STATE OF TEXAS §
COUNTY OF [ t �ra't4
Y'4. ERNE TTE G AN DRAE
* Notary Public State of Texas
My commission # 13o586338
Extol ° My Gomm ' • Exp. Match 18, 2ppo
This ins ame_nt was acknowledged before me on the rPday off C46 20 I
yaR ram 4- lr � .• t `- �<- G<f rof [Name of individual signing, title (if any)]
on o said
on
� C
Notary Public, State of Texas
Owner -Initiated Annexation Service Agreement
A$er Recording Return to:
City Secretary
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
Owner -Initiated Annexation Service Agreement 7 of 7
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BEING 245.923 ACRE PARCEL OF LAND PARTIALLY SITUATED IN THE J. r ELLIOT I
SURVEY, ABSTRACT NUMBER 493, JOHN BURSEY SURVEY ABSTRACT NUMBER 128,
AND NANCY CASTEEL SURVEY ABSTRACT NUMBER 349, TARRANT COUNTY,
TEXAS, BEING A 205.922 ACRE TRACT OF LAND AS CONVEYED TO MONTSERRAT
HILLS, LLC AS RECORDED IN INSTRUMENT NUMBER D218157799, DEED RECORDS
OF TARRANT COUNTY, TEXAS AND 40,001 ACRE TRACT OF LAND DESCRIBED AS
27.436 ACRE TRACT DESCRIBED AS PARCEL 4E, IN DEED TO H.V. LUDIE T
PARTNERSHIP LTD. AS RECORDED IN INSTRUMENT NUMBER D207134958, DEED
RECORDS, TARRANT COUNTY, TEXAS, AND A PORTION OF THAT TRACT CALLED
52.582 ACRE TRACT DESCRIBED AS PARCEL 4W, IN DEED TO H.V. LUDIE T
PARTNERSHIP LTD. AS RECORDED IN INSTRUMENT NUMBER D207134955, DEED
RECORDS, TARRANT COUNTY, TEXAS,AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT 5/8 INCH IRON ROD FOUND FOR THE NORTHEAST CORNER OF LOT
II, AND THE NORTHWEST MOST SOUTHERLY CORNER OF LOT 10, BLOCK 10,
MONTSERRAT ADDITION AN ADDITION TO THE CITY OF FORT WORTH, AS
RECORDED IN CABINET A. SLIDE 11550, PLAT RECORDS, TARRANT COUNTY,
TEXAS;
TI�[IENCE NORTH 89 DEGREES 59 MINUTES 48 SECONDS WEST, 26532 FEET WITH
THE NORTH LINE OF SAID BLOCK 103 TO A 5/8 INCH IRON ROD FOUND FOR THE
NORTHWEST MOST WESTERLY CORNER OF SAID MONTSERRAT ADDITION, AND
THE NORTHEAST CORNER OF A PARCEL OF LINE DESCRIBED AS PARCEL 4 E IN
DEED TO H V LUDIE T PARTNERSHIP LTD, AS RECORDED IN INSTRUMENT NUMBER
D20713495 8, OF SAID DEED RECORDS;
THENCE SOUTH 00 DEGREES 22 MIN[JTES 23 SECONDS EAST, 905.07 FEET WITH THE
WEST LINE OF SAID LOT B, TO A 5/8 INCH IRON ROD FOUND FOR THE SOUTHEAST
CORNER OF SAID 27.436 ACRE TRACT IN THE NORTH LINE OF TEAM RANCH ROAD
(80 FOOT RIGHT-OF-WAY) AS RECORDED IN VOLUME 6596, PAGE 469, AND VOLUME
6596, PAGE 479, OF SAID DEED RECORDS FOR THE BEGINNING OF A CURVE TO LEFT;
THENCE 1278.24 FEET ALONG THE ARC OF SAID CURVE TO THE LEFT AND ALONG
THE NORTH RIGHT-OF-WAY LINE OF SAID TEAM RANCH ROAD, THROUGH A
CENTRAL ANGLE OF 06 DEGREES 22 MINUTES 09 SECONDS WITH A RADIUS OF
11499,16 FEET, A TANGENT LENGTH OF 639.78 FEET AND A CHORD WHICH BEARS
SOUTH 79 DEGREES 25 MINUTES 51 SECONDS WEST, 1277.58 FEET TO A 5/8 INCH
IRON WITH YELLOW CAP STAMPED "ANA" SET;
Exhibit A, Owner -Initiated Annexation Service Agreement Page 9 of I2
THENCE SOUTH 76 DEGREES 14 MINUTES 47 SECONDS WEST, 412.67 FEET WITH THE
NORTH RIGHT-OF-WAY LINE OF SAID TEAM RANCH ROAD TO A 5/8 INCH IRON ROD
WITH YELLOW CAP STAMPED "ANA" SET FOR THE SOUTHWEST CORNER OF
HEREIN DESCRIBED TRACT,
THENCE NORTH 00 DEGREES 00 MINUTES 12 SECONDS EAST, 1237.60 FEET TO A 5/8
INCH IRON ROD WITH YELLOW CAP STAMPED "ANA" FOUND FOR THE
NORTHWEST CORNER OF SAID 40,001 ACRE TRACT IN THE SOUTH LINE OF SAID
205.922 ACRE TRACT;
THENCE NORTH 89 DEGREES 59 MINUTES 48 SECONDS WEST, 1174.38 FEET WITH
THE COMMON LINE OF SAID 205.922 ACRE TRACT, AND THE REMAINDER OF SAID
52.582 ACRE TRACT TO A 5/8 INCH IRON ROD FOUND FOR THE SOUTHWEST CORNER
OF SAID 205.922 ACRE TRACT;
THENCE NORTH 17 DEGREES 22 MIlVUTES 35 SECONDS WEST, 428.76 FEET WITH
THE WEST LINE OF SAID 205922 ACRE TRACT TO A 5/8 INCH IRON FOUND FOR THE
EAST RIGHT-OF-WAY LINE OF R.M. HIGHWAY NO.. 2871 (VARIABLE WIDTH RIGHT-
OF-WAY);
THENCE NORTH 07 DEGREES 16 MINUTES 21 SECONDS EAST, 421.27 FEET WITH THE
WEST LINE OF 205.922 ACRE TRACT TO A 5/8 INCH IRON FOUND FOR THE EAST
RIGHT-OF-WAY LINE OF SAID R.M. HIGHWAY NO.2871;
THEhtCE NORTH 00 DEGREES 19 MINUTES 16 SECONDS EAST, 833.83 FEET WITH THE
WEST LINE OF SAID 205.922 ACRE TRACT TO A 5/8 INCH IRON FOUND FOR THE EAST
RIGHT-OF-WAY LINE OF SAID R.M. HIGHWAY NO.2871;
THENCE NORTH 09 DEGREES 19 MINUTES 54 SECONDS EAST, 68.63 FEET WITH THE
WEST LINE OF SAID 205.922 ACRE TRACT TO THE SOUTHWEST CORNER OF THAT
CERTAIN TRACT OF LAND AS CONVEYED TO DONEGAL HILLS L.P. BY DEED
RECORDED IN INSTRUMENT NUMBER 210323404, OF SAID DEED RECORDS IN THE
EAST RIGHT-OF-WAY LINE OF SAID R.M. HIGHWAY NO.2871;
THENCE NORTH 56 DEGREES 04 MINUTES 03 SECONDS EAST,103.13 FEET WITH THE
SOUTH LINE OF SAID DONEGAL HILLS L.P. TRACT;
THENCE NORTH 67 DEGREES 55 MINUTES 33 SECONDS EAST, 104.50 FEET WITH THE
SOUTH LINE OF SAID DONEGAL HILLS L.P. TRACT;
THENCE NORTH 77 DEGREES 46 MINUTES 38 SECONDS EAST,102.40 FEET WITH THE
SOUTH LINE OF SAID DONEGAL HILLS L.P. TRACT;
THENCE NORTH 78 DEGREES 42 MINUTES 42 SECONDS EAST, 231.20 FEET WITH THE
Exhibit A, Owner -Initiated Annexation Service Agreement Page 10 of 12
SOUTH LINE OF SAID DONEGAL HILLS L.P. TRACT;
THENCE NORTH 87 DEGREES 55 MINUTES 21 SECONDS WEST, 454.06 FEET WITH
THE NORTH LINE OF SAID DONEGAL HILLS L.P. TRACT TO THE EAST RIGHT-OF-
WAY LINE OF SAID R.M. HIGHWAY NO, 2871, AND THE BEGINNING OF A CURVE TO
THE RIGHT;
'T'HENCE 709.52 FEET ALONG THE ARC OF SAID NON -TANGENT CURVE TO THE
RIGHT AND
ALONG THE WEST LINE OF SAID 205.922 ACRE TRACT AND THE EAST RIGHT-OF-
WAY LINE OF SAID R.M. HIGHWAY NO. 2871 THROUGH A CENTRAL ANGLE OF 16
DEGREES 28 MINUTES 52 SECONDS WITH A RADIUS OF 2466.64 FEET, A TANGENT
LENGTH OF 357.23 FEET AND A CHORD WHICH BEARS NORTH 27 DEGREES 31
MINTTES 53 SECONDS EAST, 707.08 FEET;
THEl®iCE NORTH 35 DEGREES 47 MINUTES 29 SECONDS EAST, 228.87 FEET WITH THE
WEST LINE OF SAID ANDREWS 440 RANCH, L.P. TRACT AND THE EAST RIGHT-OF-
WAY LINE OF SAID R.M. HIGHWAY NO. 28715 TO THE MIDDLE OF MARY'S CREEK
FOR THE NORTHWEST CORNER OF SAID ANDREWS 440 RANCH, L.P. TRACT AND
HEREIN DESCRIBED TRACT AND BEING THE SOUTHWEST CORNER OF THE 52.717
ACRE TRACT DESCRIBED IN DEED TO CHERYL M. JONES RECORDED IN VOLUME
15898, PAGE 131, OF SAID DEED RECORDS;
THENCE EASTERLY ALONG THE MIDDLE OF SAID MARY' S CREEK AND THE
NORTHERLY LINE OF SAID 205.922 ACRE TRACT, THE FOLLOWING:
NORTH 84 DEGREES 44 MINUTES 10 SECONDS EAST, 101.31 FEET;
NORTH 77 DEGREES 44 MINUTES 29 SECONDS EAST, 204.70 FEET;
NORTH 89 DEGREES 36 MINUTES 29 SECONDS EAST, 50.00 FEET;
SOUTH 81 DEGREES 22 MINUTES 31 SECONDS EAST, 184.00 FEET;
NORTH 89 DEGREES 31 MINUTES 29 SECONDS EAST, 156.00 FEET;
NORTH 66 DEGREES 37 MINUTES 29 SECONDS EAST, 59.00 FEET;
NORTH 46 DEGREES 07 MINUTES 29 SECONDS EAST, 62.00 FEET;
NORTH 29 DEGREES 50 MINUTES 29 SECONDS EAST, 214.00 FEET;
NORTH 55 DEGREES 23 MINUTES 29 SECONDS EAST, 88.00 FEET;
NORTH 84 DEGREES 02 MINUTES 29 SECONDS EAST, 107.00 FEET;
SOUTH 80 DEGREES 13 MINUTES 31 SECONDS EAST, 462.00 FEET;
NORTH 89 DEGREES I 1 MINUTES 29 .SECONDS EAST, 358.00 FEET;
SOUTH 76 DEGREES 22 MINUTES 31 SECONDS EAST, 157.90 FEET TO THE
SOUTHEAST CORNER OF SAID 52.717 ACRE TRACT;
�'HEI®10E SOUTHEASTERLY ALONG THE MIDDLE OF SAID MARY'S CREEK AND THE
EASTERLY LINE OF HEREIN DESCRIBED TRACT, THE FOLLOWING:
Exhibit A. Owner -Initiated Annexation Service Agreement Page i 1 of 12
SOUTH 73 DEGREES 50 MINUTES 57 SECONDS EAST, 330.68 FEET;
SOUTH 51 DEGREES 08 MINUTES 32 SECONDS EAST, 356.19 FEET;
SOUTH 37 DEGREES 12 MINUTES 34 SECONDS EAST, 446.40 FEET;
THENCE SOUTH O1 DEGREES 55 MINUTES SO SECONDS WEST, 543.86 FEET TO THE
NORTHEASTERLY LINE OF 1.3 84 ACRE TRACT DESCRIBED AS PLUS TRACT IN DEED
TO ANDREWS 440 RANCH, L.P. AS RECORDED IN INSTRUMENT NUMBER D2142823 88
OF SAID DEED RECORDS;
THENCE SOUTH 37 DEGREES 42 MINUTES 58 SECONDS EAST, 94.81 FEET WITH THE
NORTHEASTERLY LINE OF SAID 1.384 ACRE TRACT;
THENCE SOUTH 21 DEGREES OS MINUTES 32 SECONDS EAST, 31.27 FEET WITH THE
NORTHEASTERLY LINE OF SAID 1.384 ACRE TRACT TO THE NORTH LINE OF BLOCK
2, OF MONTSERRAT ADDITION AS RECORDED IN CABINET A, SLIDE 9237, PLAT
RECORDS, TARRANT COUNTY, TEXAS;
THENCE SOUTH 89 DEGREES 26 MINUTES 29 SECONDS WEST, 323.00 FEET WITH THE
SOUTH LINE OF SAID 1.384 ACRE TRACT AND THE NORTH LINE OF LOT A-10R-1
BLOCK 2, MONTSERRAT AS RECORDED IN INSTRUMENT NUMBER 206078654, OF
SAID PLAT RECORDS, TO A 5/8 INCH IRON ROD WITH CAP STAMPED "ANA" FOUND
FOR THE NORTHWEST CORNER OF SAID LOT A40R4;
THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, 1610.56 FEET WITH
THE WEST LINE OF BLOCK 2, OF SAID MONTSERRAT 9237, AND SAID LOT I0, BLOCK
10, MONTSERRAT ADDITION AS RECORDED IN CABINET "A", SLIDE 11550, TO THE
POINT OF BEGINNING AND CONTAINING 245,923 ACRES OF LAND.
Exhibit A, Owner -Initiated Annexation Service Agreement Page 12 of 12
('.t711Nt�t1 �.�[:'PIC9A1•�:,.��r�e�rnv�d c�n��79%2B'(9
DATE: Tuesday, April 9, 2019 REFERENCE tdO.: L-16209
L®C NA►IVIE: 06MUNIGIPAL SERVICES AGREEMENT, AX-19-004, GINNER -INITIATED
S:U�JECT:
Autfjorize Execution of Municipal Services Agreement far the Proposed Owner -Initiated Annexation of
Approximately 246::923 Acres of Land in Tarrant County, Located West of Loop 820 West, North of lH 20
and South of IN 30, in the Far West Planning Sector, AX-19-004 (FUTURE COUNCIL DISTRICT 3)
RECOMMENDATION:
It is recommended that the City Council execute the attached Municipal Services Agreement between the
City and property owner, Montserrat Hills, LLC, for the proposed owner -initiated annexation of
approximately 246.923 acres of land located west of Loop 820 West, north of IH 20 and south of IH 30.
DISCUSSION;
On January 24, 2019, representatives of the property owner, Montserrat Hills, LLC; submitted an
application for full -purpose annexation. The 246,923 of the owner -initiated acres is situated in Tarrant
County within the City of Fort Worth extraterritorial jurisdiction, west of Loop 820 West, north of !H 20 and
south of iH 30, see map Exhibit A, The proposed annexation area.is currently vacant land.. The property
is proposed for residential uses, and the proposed zoning is "A-43", "A-21"and "A-10" One=Family.
City Plan Commission voted on February 27, 2Q19 to recommend approval of full -purpose annexation of
the Montserrat Hills, LLC, Tract, AX-19-003. The companion zoning ease (ZC-19-020} went to the Zoning
Commission on March 6, 2019. The commission recommended approval, and the zoning case is
scheduled for City Council action immediately following the annexation action on April 9,
2019. Approximately 7.185 acres of right -of --way abutting the properly will be annexed on April 9, 2019.
The proposed use was 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 operating costs projected from the Palice, 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.
Subchapter C-3 of Chapter 43 of the Texas Local Government Code (TLGC} provides for the process of
annexa#ion of an area upon a request of an owner of land: Section 43.0672 of the TLGC requires a
municipality that elects to annex an area upon the request of an owner to first negotiate and enter into a
written agreement with the owners of land in the area for the provision of municipal services.
The agreement must include:
(1) a list of each service the municipality will provide on the effective date of the annexation, and
(2} a schedule that includes the period within which the municipality wHl provide each service that is not
provided on the effective date of the annexation.
Lognarne: 06MLTNICIPAL SERVICES AGREEMENT, AX-19-004, OWNER -INITIATED Page 1 of 2
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The municipal services agreement includes these provisions in accordance with state law.
Upon approval of the annexation request, the property affected by this Municipal Services Agreement will
become part of COUNCIL DISTRICT 3.
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.
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Project
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Project
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Program
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Budget
Year
Reference #
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CERTIFICATIONS:
Submitted for City Manager's Office bv:
Originating Department Head:
Additional Information. Contact:
Jay Chapa (5804)
Randle Harwood (6101)
Leo Valencia (2497)
ATTACHMENTS
1. Exhibit A - Map AX-19-004 MSA.pdf (Public)
2. Montserrat Hills Form 1295 Redacted.pdf (Public)
3. MSA AX-19-004.pdf (Public)
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