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HomeMy WebLinkAboutOrdinance 23635-04-2019ORDINANCE NO. 23635-04-2019 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 12.419 ACRES OF LAND, MORE OR LESS, OUT OF THE WILLIAM SAMPLES SURVEY, ABSTRACT NUMBER 1207, AND THE W ZECKULAR SURVEY, ABSTRACT NUMBER 1454, DENTON COUNTY, TEXAS (CASE NO. AX49-003) 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 Schwob Building Company, Ltd the owner, requesting the full -purpose annexation of 12.419 acres of land as described in Section 1, below (the "Property"); and WHEREAS, the hereinafter described Property is in the City's exclusive extraterritorial jurisdiction and is adjacent to and adjoins the City; and WHEREAS, the City is a Tier 2 municipality for purposes of annexation under Chapter 43 of the Texas Local Government Code ("LGC"); and WHEREAS, Subchapter C-3 of the LGC permits the City to annex an area if each owner of land in an area requests the annexation; and WHEREAS, in accordance with Subchapter C-3 of Chapter 43 of the Texas Local Government Code, the City section 43.0672 of the Texas Local Government Code, Roanoke Ranch & Investment, L.P. and the City negotiated and entered into a written agreement, City Secretary Contract No. 51-115 , for the provisions of municipal services in the area; and WHEREAS, the City conducted two public hearings at which members of the public who wished to present testimony or evidence regarding the Municipal Service Agreement and Full -Purpose Annexation were given the opportunity to do so, in accordance with the procedural requirements of Section 43.0673 of the Local Government Code on 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 of the Property hereinafter described is in the best interest of the citizens of the City o Fort �orth and the CITY SECRETARY 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 12.419 acres of land, are hereby annexed to the City of Fort Worth as a part of the city for all municipal purposes, and the city limits are extended to include such Property being all that certain land particularly described below and depicted as on Exhibit "A" attached to and incorporated in this ordinance for all purposes: BEING a tract of land situated in the W. Sample Survey, Abstract Number 1207 and the W Zeckular Survey, Abstract Number 1454, Denton County, Texas, being all of that tract of land described by deed to Schwob Building Company, Ltd., recorded in Instrument Number 2019-2149, Real Property Records, Denton County, Texas and being more Particularly described by metes and bounds as follows: BEGINNING at the northwest corner of said Schwob Building Company tract, being the northeast corner of that remainder tract of land described by deed to Joanna Shelton recorded in instrument Number 1999-115848, said Real Property Records, being the southwest corner of that tract of land described by deed to the City of Fort Worth recorded in Instrument Number 2007-12250, said Real Property Records, known as the south right-of-way line of State Highway 156 (a variable width right-of-way); THENCE S 780425S955E, 866.45 feet, with the north line of said Schwob Building Company tract and said south right -of --way line to the beginning of a curve to the left; THENCE continuing with said common line and said curve to the left, an arc distance of 137.21 feet, through a central angle of 03°17 13, having a radius of 2391.83 feet, the long chord which bears S 80°21'36"E, 137.19 feet, to the northeast corner of said Schwob Building Company tract, being the southeast corner of said City of Fort Worth tract and being the northwest corner of that remainder tract of land described by deed to William Scott Wilson & Jerry Lee Wilson recorded in instrument Number 2018-3114, said Real Property Records; THENCE S 00028'08"W, 451.69 feet, departing said right -of --way line with the east line of said Schwob Building Company tract and the west line of said William Scott Wilson & Jei•ly Lee Wilson tract to the southeast corner of said Schwob Building Company tract and the southwest corner of said William Scott Wilson & Jerry Lee Wilson tract, being in a north line of that tract of land described by deed to the City of Fort Worth recorded in Instrument Number 2013-181167, said Real Property Records; THENCE S 89047' 14"W, 987.81 feet, with the south line of said Schwob Building Company tract and said north line of said City of Fort Worth tract (2013-181167) to the southwest corner of said Schwob Building Company tract, being the southeast corner of aforementioned Jeanna Shelton tract; Annexation—AX-19-003 Ordinance No. 23635-04-2019 Page 2 of 6 THENCE N 00°3440E, 647.89 feet, departing said north line with the west line of said Schwob Building Company tract and the east line of said Jeanna Shelton tract to the Point of Beginning and containing 540,968 square feet or 12.419 acres of land more or less. This description was prepared under 22 TAC 663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. SECTION 2. The above described territory is shown on Map Exhibit "A" attached hereto and expressly incorporated herein by reference for the purpose of depicting the location of the hereinabove described territory. SECTION 3. That the above described ten•itory hereby annexed shall be part of the City of Fort Worth, Texas, and the property so added hereby shall bear its pro rata part of the taxes levied by the City of Fort Worth, Texas, and the inhabitants thereof shall be entitled to all of the rights and privileges of all the citizens in accordance with the Service Plan and shall be bound by the acts, ordinances, resolutions and regulations of the City of Fort Worth, Texas. SECTION 4. That the Municipal Services Agreement attached hereto as Exhibit "B" is approved and incorporated into this ordinance for all purposes. SECTION 5. CUMULATIVE CLAUSE This ordinance amends every prior ordinance in conflict herewith, but as to all other ordinances or sections of ordinances not in direct conflict, this ordinance shall be, and the same is hereby made cumulative. SECTION 6. SEVERABILITY CLAUSE It is hereby declared to be the intent of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any unconstitutional phrase, clause, sentence, paragraph or section. Annexation—AX-1M03 Ordinance No. 23635-04-2019 Page 3 of 6 SECTION 7. SAVING CLAUSE The City Council hereby declares it to be its purpose to annex to the City of Fort Worth every part of the area described in Section 1 of this ordinance, regardless of whether any part of such described area is hereby not effectively annexed to the City. Should this ordinance for any reason be ineffective as to any part or parts of the area hereby annexed to the City of Fort Worth for full purposes, the ineffectiveness of this ordinance as to any such part or parts shall not affect the effectiveness of this ordinance as to the remainder of such area. SECTION 8. EFFECTIVE DATE This ordinance shall be in full force and effect upon adoption. APPROVED AS TO FORM AND LEGALITY: Melinda Ramos Senior Assistant City Attorney ADOPTED AND EFFECTIVE: April 9. 2019 City Secretary Annexation—AX-19-003 Ordinance No. 23635-04-2019 Page 4 of 6 .j 0 EXHIBIT A "This document vros prepared under 22 TAC 663.21, does not reflect the results of an an the ground survey, and is not to be used to convey or establish interests in realproperty except those rights and interests implied or established by the creation or reconfigurotion of the boundary of the political subdivision for which it was prepared." VX \Y) ® o° < "�sn,oy rse a 5� Site Vicinity Map NTS ttan }eanng99jAt} I D Fort 4Jorth "ETJ" nSt�RpyU I oftner5!-P' 0 nt�Jag2� _I Njj6 �KpRgvat gooA It 5'aPFS� — P.yR i State Highway 156 _ (a Variable Width Right-of-way) Of F of 2V D - — -- — 7C Point of cm2 Tel �p t 1 f att ily Beginning at Dp6 S, art Worth "ETJ" \p5 Ky Fort Worth °ETJ" 0 200 400 GRAPHIC SCALE IN FEET "Integrolparts of this document" 1, Description 2. Exhibit STp1i aA8 .1ep �n19�'\G \nSt.KygD J��.1f 15 fU,tij Cep 116ft6Cv� P�©k 11ROO Schwab Building Cornpony. LTD. 2019-2149 R. P. R. D. C. T. 5cce�"o n °efN vet() �S Proposed Annexation of \nst¢yg9 12.419 Acres ''I LAND SOLUTIONS rnaievMP"TL VAOD G791N'A� SUITE i 1 JOB #SWBiBOO1 Annexation—AX-19-003 City of Fort worth Limits s �9f�vj81t6T Doty t' 2�p�1 nsPPf Zoned "PD 944" 14 Pa dp8� �p D4k �� Proposed Annexation of 12.419 Acres Situated in the W. Sample Survey, Abstract Number 1207 and the W. Zeckulor Survey, Abstract Number 1454, Tarrant County, Texas. BY: D. Freeman CHECKED BY: T. Bridges DATE: 12-18-18 PAGE # 1 0l 1 Ordinance No. 23635-04-2019 Page 5 of 6 Anne Ka 'an OX=10003 Fort Worth DESIGNATION Full Purpose ®.Limited Purpose Extraterritorial Jurisdiction 11 I. l� �iME I'' ' ��IS I ill I I11 I. I . t � 4 N V )EP A 9 a 0 a a a I a a a IN a a ::Wise 114 r� :.114.....:. .. .. .. ::':: -_87 O .....:t, . �170 Is w Is I c c dTarK�EF1F FORT�WORvTHm 0 245 490 980 Feet = - Planning &Development Department 1:8,400 Y/zs/zois ®Annexation Area Adjacent Cities COPYRIGHT 2019 CITY OF FORT WORTH UNAUTHORIZED REPRODUCTION IS A (N) VIOLATION OF APPLICABLE LAWS. THIS DATA IS TO BE USED FOR A GRAPHICAL j REPRESENTATION ONLY, THE ACCURACY IS NOT TO BE TAKEN / USED AS DATA County Boundaries PRODUCED FOR ENGINEERING PURPOSES OR BY A REGISTERED PROFESSIONAL LAND SURVEYOR. THE CITY OF FORT WORTH ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF SAID DATA. r!` r,E:Uc IVED APR 2 3 2019 CITY Or FORT WOnTH CITYSECAETARY SEGRETAF qTRACT NO is i 111 1111111 1i, ;•111 1 111 1 A __ _ SC.HW®Y� gD 4J AS�Il33N� C. ®17AY ANF y I1TB_P, This Munici�pAl Services Agreement ("Agreement") is entered into on ` day of by and between the City of Fort Worth, Texas, a home -rule municipality of the State of Texas, ("City") and Schwob Building Company, LTD. ("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 43.06'71 of the LGC permits the City to annex an area If each owner of land in an area requests the annexation; c. e ,� QeAd WHEREAS, where the City elects to annex such an area, the City is ryquired to enter into a written agreement with the property owner(s) that sets forth the City service to be provided for% the Property on or after the effective date of annexation (the "Effective Date" ), WIiEREAS, Owner owns certain parcels of land situated in. Denton County, Texas, which consists of approximately 12.419 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-19-003 ('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 for the mutual covenants, conditions and promises contained herein, City and Owner agree as follows: 1. PROPERTY. This Agreement is only applicable to the Property, which is the subject of the Annexation Case. 2. INTENT. It is the intent of the City that this Agreement provide for the deli Owner -Initiated Annexation Service Agreement i �1 "tail ti j.I �ln 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. 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 li hg tine — 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 Owner -Initiated Annexation Service Agreement 2 of 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 fbll-purpose boundaries and not otherwise listed above, except as provided in Section 3(b). b. The City will provide water service and wastewater Treatment service to developments established after the Effective Date in accordance with, and on the schedule determined by, the City's extension policies and applicable law and at rates established by City ordinances_ for such services. c. It is understood and agreed that the City is not required to provide a service that is not included in this Agreement. d. Owner understands and acknowledges that the City departments listed above may change names or be re -organized by the City Manager. Any reference to a specific department also includes any subsequent City department that will provide the same or similar services. 4. SERVICE I,E�L. 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. S. AUTlFIORITI'. 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 Chvner-Initiated Annexation Service Agreement 3 of 9 according to me 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. GOVEr NING I -,A VV 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, port 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. 10. GOVERNMENTAL POWERS. It is understood that by execution of this Agreement, the City does not waive or surrender any of its governmental powers or immunities. 11. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. 12. CAPTIONS. The captions to the various clauses of this Agreement are for informational purposes only and shall not alter the substance of the terms and conditions of this Agreement. 13. AGREEIVIEliTT BINDS AND BENEFITS SUCCESSORS AND RUNS WITH TI3E LAND. This Agreement is binding on and inures to the benefit of the parties, their successors, and assigns. The term of this Agreement constitutes covenants running with the land comprising the Property, is binding on the Owner and the City, and is enforceable by any current or future owner of any portion of the Property. 14. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties and supersedes all prior oral and written agreements between said parties. This Agreement shall not be amended unless executed in writing by both parties. Executed as of the day and year first above written to be effective on the effective date of annexation of the Property. Owner -Initiated Annexation Service Agreement 4 of 9 By: Jesus "Jay" Chapa Assistant City Manager Approved as to Form and Legality: "cw ����A Senior Assistant City Attorney Attest: ! �4� •.�i Vass U of Iy ay ' gill ry (y�T City Secretaj Approvals: M&C LI�qujg1ttfig Ordinance No. 97_ g kIk, �S H(3 laq g�a A0jg"Lf(4p!85(0 t i 1 lisp F (Da,rm�e of individual signing, title (if any)'] This instrument was acknowledged before me on the day of by Jesus "Jay" Chapa, Assistant City Manager of the City of Fort Worth, corporation, on behalf of said corporation. f By: Notary Public, State of Texas *pY°"a� : MARIAS. SANCHEZ *= My Notary iQ # 2256490 :A= ;F as %;6% Expires December 19, 2021 ,20 , a T xas municipal Owner -Initiated Annexation Service Agreement aW O k Kr U 5 of 9 STATE OF TEXAS § COUNTY OF § This instrument was vledged before me on the ' ' day of �=✓l , 20 VA cAjoP25, of [Name of individual signing, title (if any)] on behalf of said Schwob Building Comp%n ®It,A-U- 40 ®®° �RE� � C ®°a v°p Q q e ® Noe tp Vc9 °e ea"� o Q P, o to � By: �^ sa # Z n e � m Xa N� CI Notary Public, State of Texas °oo JF of +`.` 45230°°° 04-06'2�)2 ®®� ®8111116®0® Qwner-Initiated Annexation Service Agreement after Recording Return to: City Secretary City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 Owner -Initiated Annexation Service Agreement 7 of�� r� � "This dodurrtCnt wos preporEd under 22 TAC 603.27, doss not refiecR the resa:tts of an on the ground v survey, a;td is not to be used to convey or establish intereste i� rsolproper!y except Ehose right, end y interesis irryfed or established by the creation or rflr_Dnf%g��r3ti:°ut of ttre bc.:ndori of the political abd:vi3ion for r�hi:.h it wos prepared,°' 3 � ® � H'9� > f56 `"-'°� - Srte 0 0 �crnity Map tFTS ��°� $ �;©��� I � Fort t>torth "ETJ" tr�,a�g � _ _ 1 I t�' P°ttr'cre � i & t�}� F�� ( -� - _ r• Mpg � ��`tar; �v�3� _ j State Highway 156 �- _.� � -.. to variable Width Right-af-way) � y` nth �`" . -- . -•�-- . "'— Dlt� ��i a�� • I a � Point of 2�ppD I ��a� 5 $eginnin� � ! � � �� Fort north "ETJ" tt�41i'P� Fit koorth "ETJ" .---.�...,. 0 200 400 GRAPHIC SCA1 E IN FEET "IAEegralptste of ttais dacurnfnt" 9_ Description 2. Eshibst Schwab Building Company. LTD. 2Q19-2i49 5t� R. P. R. D. C. T. �tt�n& itp�g' U�� t��,t4 � � �e �_ Proposed Annexation of tr"�� 12.419 Acres n n cmrc��ur✓� «x _ City of Fort Worth Limits � �` O .. it o' _ �. � At�,1 Dt � n��� ��� � �F�� o ir,�'���-L Z6netl "p0 944" ��� ������ o ���� - �,��,� -r ��'-` Proposed .Atrinexation �' - ; t'� (� of 12.4191�cre� Situoied in the Yd. Sample Survey, Abstract Number 12p7 life f� LT`� M and the W. Zeckular Survey, Abstract Number 1454, ►awn solu4tolas Tarrant County, Texas. cn� V4W pRTLHWOOD �fi4f(WAPHeU�R� � �� dD6 k Syy81800i DP,�1WN BY: D. Fte�asi�fon CHECKED BY: T. Bridges DATE: 12-9&18 PAGE k 1 of � ExEribit A, Owner -Initiated Annexation Service Agreement Page ofgt� ., 911001 9: 1 a . t BERG a tract of all situated in the W. Sample Survey, Abstract Number 120 7 and the W Zeckular Survey, Abstract Number 1454, Denton County, Texas, being all of that tract of land described by deed to Schwob Building Company, Ltd., recorded in Instrument Number 2019-2149, Real Property Records, Denton County, Texas and being more Particularly described by metes and bounds as follows: BEGINNING at the northwest corner of said Schwob Building Company tract, being the northeast corner of that remainder tract of land described by deed to Jeanna Shelton recorded in instrument Number 1999- 115848, said Real Property Records, being the southwest corner of that tract of land described by deed to the City of Fort Worth recorded in Instrument Number 200742250, said Real Property Records, known as the south right -of way line of State Highway 156 (a variable width right -of --way); TI><ENCE S 78°42'S9"E, 866.45 feet, with the north Line of said Schwob Building Company tract and said south right-of-way line to the beginning of a curve to the left; THENCE continuing with said common line and said curve to the left, an arc distance of 137.21 feet, through a central angle of 03 ° 17' 13", having a radius of 2391.83 feet, the long chord Which bears S 80021'3611E, 137.19 feet, to the northeast corner of said Schwob Building Company tract, being the southeast corner of said City of Fort Worth tract and being the northwest corner of that remainder tract of land described by deed to William Scott Wilson & Jerry Lee Wilson recorded in instrument Number 2018-3114, said Real Property Records; TB�NCE S 00028'08"W, 451.b9 feet, departing said right-of-way line with the east line of said Schwob Building Company tract and the west line of said William Scott Wilson & Jerry Lee Wilson tract to the southeast corner of said Schwob Building Company tract and the southwest corner of said William Scott Wilson & Jerry Lee Wilson tract, being in a north line of that tract of land described by deed to the City of Fort Worth recorded in Instrument Number 2013-181167, said Real Property Records; I3ENCE S 8BOA 7' 14"W, 987.E 1 feet, with the south line of said Schwob Building Company tract and said north line of said City of Fort Worth tract (2013-181167) to the southwest corner of said Schwob Building Company tract, being the southeast corner of aforementioned Jeanna Shelton tract; TI3EIoTCE N 00034'40"E, 647.89 feet, departing said north line with the west line of said Schwob Building Company tract and the east line of said Jeanna Shelton tract to the Point of Beginning and containing 540,968 square feet or 12.419 acres of land more or less. Exhibit A, Owner -Initiated Annexation Service Agreement Page o r,;0�ac` ,°;rs-;;�, Soon <Soon.Wang�i�lt'cv�arihtt=x�s,c�ova FF.9;i6t:atere>Letislan :.r:-:': Per the rt�itrrd t�Larah 5,2Q11t, t e h� fe;c thQ meai7trg with [hh understanding. • Per iha t'cnsvltani; the maiel (ta ba reviex by tlry}, trxficated ttutthwre s rapadty on the watef sys[sm if ihs aarv+action s oft of tta_ exstv;g is "Y4ataiilnE rmrth east of the txarehauw daw±taptnant. • ALT 1(devvetoper Freferend alignment), Watatlino. extension ham the existing 12`wab?LWie to frontap. ct FM 156 vnN ba 12' water pipe. Dexioper vAl be responsible tar this erterimm • Da aryl City participate to extend 2e waterline along the entire frontage of FYA 155 Win City cut psrtitipaven to ups!ze the waterline fro,-n 12" to 24' pipe and d=_. v{apzr pey3 lY water pipe. • AST 2 (City, refcnmd n' irrent?), this con erMcn w1l need Firths; meellail tufth Fcri7y. If ties tenrsectlort Is agr*taNe vstih Foursbr, a }rester rrttn cocac�ty dirge wVI eases to R9lsnte, Witwn, Schwo6 and Sheltan Trait. The WatettetainCapacity Chargesto bedetermined by Water cep mneni staff. • If ra ALT 2 ccrAedi a; Is not femible, the divMcpvr wil still be ablz to prxc d with the d�Mopmant by connectln$ to exsNng le waterline wated Northeiao of bhe site and eictond twatarltrro atone entire fmnta�pg and dead end waterline on at the west and east property lines. • City wld f*ap the waterine hack to tics 2+ waterline a3ayq the tram trivks on the e1=t of the development at a Liter May, • II ALT1, slap mcTud sL41 gke to ptrsae the earnest and flay exlermlon as part of iie detclap_.s CF& with the oily paying fortho wndntc ion of GR2 fine, from the dev¢?apers West prcpsrty line to the mrinecccn point with the 24' Lne. Sae attadmd PQF for the exNbit � w i93: G%Keaol'er t4 s-2 rr£a NJ2 CA Ftl tiaA •a Tract ,< � a a Mmn Trod $- ,w; t i ice;; yh e��^r�a tg-ed.�s -_� _ - 1 •e<T ° sY C . r siv=.C�nTrard t a; a stv G7. 'r,Pj Yftt;�7r-f y ALT2 Ca,2;o:ar .. .. . . arri ca:n+6 to 24 yNatmn':ne ,'LT t st 3 E ,"3Lr ,3 i�nY!•' L` Fssass Y°,'a!>t Man Capa_e/Charya .g tt� FnrJ a,ztvd Lit Evug5 +�d a�ar�a^is �sth Fa"TSarS t Dkip t; Vlt • Cet j Fe 4 'IV L 2d' S`1L Exhibit B, Owner -Initiated Annexation Service Agreement Page I of 1 ®A`T�: Tuesday, Agri! 9, 2019 REFERENCE N®.: L-16207 >�OC� NANtE: 06fVIUNIC)PAL SERVICES AGREEMENT, AX-19-003, OWNER -INITIATED SU��)ECi: Authorize Execution of Municipal Seniices Agreement for the Proposed Qwner-Initiated Annexation of Rpproximately 12:42 Acres of Land in Denton County, Located North of Intermodal Parkway and South of Highway 114 off of FM 156, in the Far North Planning Sector, AX-19-003 (FUTURE COUNCIL DISTRICT 7) RECONIIVlEN®ATION: It is recommended that the City Council execute the attached Municipal Services Agreement between the City and property owner, Schwob Building Company, LTD., for the proposed owner -initiated annexation of approximately 12.42 acres of land located north of Intermodal Parkway and south of Highway 114 off of FM 156. On January 18, 2019, representatives of the property owner, Schwob Building Company, LTD., submitted an application for full -purpose annexation. The 12:42 acres is situated in Denton County within the City of Fort Worth extraterritorial jurisdiction, north of Intermodal Parkway and south of Highway 114 off of FM 1 �6, see map Exhibit A. The proposed annexation area is currently vacant land. The property is proposed for industrial uses; and the proposed zoning is "K" Heavy Industrial. City Plan Commission voted, on February 27, 2019, to approve a recommendation to the City Council for the full -purpose annexation of Alliance-156 Partners, LP, Tract, AX-19-003. Thi"s proposed owner -initiated annexation has one companion ease. The related zoning case (ZC-19-023) was heard by -the Zoning Commission on March 6, 2019. The case was continued to the Nlay 8, 2019 Zoning Commission meeting. 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 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. Subchapter G-3 of Chapter 43 of the Texas Local Government Code (TLGC) provides. for the process of annexation 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 far the provision of municipal services. The agreement must include: (1) a list of each service the munic"reality will provide on the effective date of the annexation, and (2) a schedule that includes the period within which the municipality will provide each service that is not Logname: ObIvILTNICIPAL SERVICES AGREEMENT, AX-19�003, OVdNER-INITIATED Page 1 of 2 provided on the efiecti�fe date of the annexation. The municipal services agreement includes these provisions in accordance wifih state law. Upon approval of the annexation request, the property affected by this Municipal Seniices Agreement will become part of COUNCIL DISTRICT 7. FISCAL INFORMATION / CERTIFIC�\TION: The Director of Finance certifies that based upon the proposed development, the annexation will have a long-term positive impact to the General Fund. FUR1D IDENTIFIERS F( IDs�: TO � � .. - � _,- • • 1 • • • .. i • • � '� � ' � f .' i- • i CERTIFICATIONS: Submitted for City Manager's Office by_ Originating Department Head: Additional information Contact: ATTACHMENTS 1. Exhibit A - i 2. Form 1295 Schwob AX-19-003 Redactedpdf (Public) 3. MSA- Schwob Building Company LTD.pdf (Public) Jay Chapa (5804} Randle Harwood (6101 } Leo Valencia (2497) Lognarne: 06MLJNICIPAL SERVICES AGREEMENT, AX-19-003, OWNER -INITIATED Page 2 of 2 Cify of Fort Worth, Texas • • • • • COUNCIL ACTION: Approved on 4/9/2019 -Ordinance No. 23635-04-2019 DATE: Tuesday, April 9, 2019 REFERENCE NO.: L-16208 LOG NAME: 06AX-19-003, OWNER-INITITATED ANNEXATION, ORDINANCE SUBJECT: Adopt Ordinance for the Owner -Initiated Annexation of Approximately 12.42 Acres of Land in Denton County, Located North of Intermodal Parkway and South of Highway 114 off of FM 156, in the Far North Planning Sector, AX-19-003 (FUTURE COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance annexing approximately 12.42 acres of land located north of Intermodal Parkway and south of Highway 114 off of FM 156. DISCUSSION: On January 18, 2019, representatives of the property owner, Schwob Building Company, LTD, submitted an application for full -purpose annexation. The 12.42 acres is situated in Denton County within the City of Fort Worth extraterritorial jurisdiction, north of Intermodal Parkway and south of Highway 114 off of FM 156, see map Exhibit A. The proposed annexation area is currently vacant land. The property is proposed for industrial uses, and the proposed zoning is "K" Heavy Industrial. City Plan Commission voted, on February 27, 2019, to approve a recommendation to the City Council for the full -purpose annexation of Alliance-156 Partners, LP Tract, AX-19-003. This proposed owner -initiated annexation has one companion case. The related zoning case (ZC-19-023) was heard by the Zoning Commission on March 6, 2019. The case was continued to the May 8, 2019 Zoning Commission meeting. 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-19-003. If annexed for full -purposes the area will become part of COUNCIL DISTRICT 7. This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION /CERTIFICATION: The Director of Finance certifies that based upon the proposed development, the annexation will have a long-term positive impact to the General Fund. FUND IDENTIFIERS (FIDs�: TO Logname: 06AX-19-003, OWNER-INITITATED ANNEXATION, ORDINANCE Page 1 of 2 Fund Department ID un� Project ID gram�4ctivityj Budget II (( Year Reference # Chartfield 2 mou Fund Department ccoun Project Programm ctivity Budget � Reference #� moun ID ID Year 2) � __ _ __�Chartfield _�_______ CERTIFICATIONS: Submitted for City Manager's Office b� Originating Department Head: Additional Information Contact: Jay Chapa (5804) Randle Harwood (6101) Leo Valencia (2497) Logname: 06AX-19-003, OWNER-INITITATED ANNEXATION, ORDINANCE Page 2 of 2