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HomeMy WebLinkAboutOrdinance 23638-04-2019ORDINANCE NV. 23638-04-2019 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 21.5 ACRES OF LAND, MORE OR LESS, OUT OF THE A. ALBRIGHT SURVEY, ABSTRACT NO. 1849, TARRANT COUNTY, TARRANT COUNTY, TEXAS (CASE NO. AX49-005) 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 Northwest Pipe Company, the owner, requesting the full -purpose annexation of 21.5 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 and 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 %J the Texas Local Government Code, Roanoke Ranch & Investment, L.P. and the City negotiated and entered into a written agreement, City Secretary Contract No. 522 /J , 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 of Fort Worth and the owners and residents of the area. OFFICIAL RECORD �.�ITY SECRETARII i+ To WORTH, TX 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 21.5 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 lying and situated in the A. Albright Survey, Abstract No. 1849, Tarrant County, Texas, being all of that certain tract described as Tract 1 in the deed to Northwest Pipe Company per deed recorded in Volume 15110, Page 328 of the Deed Records of Tarrant County, Texas, all of that certain tract of land conveyed to the City of Fort Worth according to the deed recorded in Volume 4779, Page 720 of the Deed Records of Tarrant County, Texas (hereinafter referred to as "City tract"), all of that certain tract of land described as 0.455 acre in the deed from Northwest Pipe Company to the City of Saginaw, recorded in Instrument No. D209029259 of the Official Public Records of Tarrant County, Texas, and being a portion of that certain 77.635 acre tract conveyed to Tarrant County Water Control and Improvement District No. One per deed recorded in Volume 2866, Page 186 of the Deed Records of Tarrant County, Texas, and being more particularly described as follows: BEGINNING at a point in the former south right -of --way line of Longhorn Rd. (called 80.0 right -of --way, formerly known as County Road No. 4001 according to Volume 3566, Page 134 of the Official Public Records of Tarrant County, Texas) at the northeast corner of said Tract 1, the northeast corner of said 0.455 acre tract, being the southeast corner of that certain tract of land described as 2.396 acres in the Right -of --way Deed to Tarrant County, recorded in Volume 3566, Page 134 of the Deed Records of Tarrant County, Texas, and being the northwest coiner of that certain 101.03 acres annexed by the City of Fort Worth under Ordinance No. 6118; THENCE South generally along the westerly city limit line, at 21.84 feet passing the southeast coiner of said 0.455 acre tract, the northwest corner of Lot 1R, Block 2, Santa Fe Northwest Industrial Park, according to the plat recorded in Instrument No. D213058988 of the Official Records of Tarrant County, Texas, at 825.66 feet passing the northwest corner of Lot 1, Block 1, Longhorn Addition according to the plat recorded in Instrument Number D210114281 of the Deed Records of Tarrant County, Texas, the southwest corner of said Lot 1R, continuing in all 925.26 feet to the southeast coiner of said Tract 1; THENCE South 89 degrees 59 minutes 46 seconds West along the southerly line of said Tract 1, at 80 feet passing a southwest corner of said Tract 1, being the southeast corner of said City tract, at 280 feet passing the southwest corner of said City tract, a southeast corner Annexation—AX-19-005 Ordinance No. 23638-04-2019 Page 2 of 7 of said Tract 1, continuing in all 1303.88 feet to a point lying in the westerly line of said 77.635 acre tract, the easterly line of Remington Point Addition, according to the plat recorded in Cabinet A, Slide 10742 of the Plat Records of Tarrant County, Texas, and lying in the easterly line of that certain 237.528 acre tract annexed by the City of Fort Worth under Ordinance No. 8846, being the southwest corner of said Tract 1; THENCE North 00 degrees 00 minutes 41 seconds West along the common line between said 77.635 acre tract, said Tract 1 and said Remington Point Addition and generally along the easterly city limit line, 270.36 feet to the southwest corner of that certain tract of land described as 6.015 acres in the deed to Tarrant County, recorded in Volume 3566, Page 135 of the Official Records of Tarrant County, Texas; THENCE North 89 degrees 59 minutes 36 seconds East along the common line between said Tract 1 and said 6.015 acre tract, 399.83 feet to the southeast corner of said 6.015 acre tract; THENCE North 00 degrees 00 minutes 11 seconds East along the common line between said Tract 1 and said 6.015 acre tract, 654.95 feet to a point lying in the former southerly line of said Longhorn Road, the northern most northwest corner of said Tract 1, being the northwest corner of said 0.455 acre tract; THENCE EAST along the northerly line of said Tract 1 and said 0.455 acre tract, 904.05 feet to the point of beginning and containing approximately 21.5 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 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-19-005 Ordinance No. 23638-04-2019 Page 3 of 7 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. 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-19-005 Ordinance No. 2363 8-04-2019 Page 4 of 7 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-19-005 City Secretary Ordinance No. 23638-04-2019 Page 5 of 7 EXHIBIT A EXHIBIT SHOWING 0 400 800 120, PROPOSED LIMITED ANNEXATION OF ENCLAVE 36A LNGEND f BEING 21.5 ACRES OF LAND SITUATED IN THE _ =.AMMVM LMj{ A. ALBRIGHT SURVEY, ABSTRACT No. 1849, — TARRANT COUNTY, TEXAS, a v CALLED0 114 ACRE CITY OF SP.GIiJA`r! CALLED 229fi ACRES FOR RIGHT,C -WAY INSTRUMENT No D209029257 TARRANT COUNTY OFFICIAL PUBLIC RECORDS !i VOLUME 3566, PAGE 1w jsQN�i tiR�RO� TARRANT COUNTY, TEXAS h OFFICIAL COUTI RECORDS a.1m COUNff ROAD 4001 TARRANT COUhIT'f, TEXAS_ _ EAST 904*051 � V Ln rn - c CALLED 0455 ACRE u r w (Oy r- CITYOF 5ACIfFAVY u _ u. w q � � a >- CD ?dGTRUMENT No D21)9 029..�59 OFFICIAL PUBLIC RECORDS W TARRALIT COUNTY, TEXAS (p '' r• O LOT IR, BLOCK 2 �v w iAJTA FE NOR ST INDLSTP[AL War� RtPARK —'4 CA' LED 21406 ACRES u o c i 8NORTHWEST PIPE COMPA7dY INSTRUM1iENT No D21JC15223b rr �' Vtt OFFICIAL PUBLIC RECORDS OLUME 15110, PAGE 32 Z OFFICIAL PUEtfC RECORDS N TARRANT COUNTY, TEXAS 399.83 TARRFNiT COUNTY, TEXAS C71 N 89'59136" E z ca to O CITY OF FORT WORTHREMINGTON POINT ADDITIONVOLMIE 4779. PACE 720 CABINET A, SLIDE 10742 OFFJGAL PUFA.IC RECORDS PLAT RECORDS G.1 TARRANT COUNTY, TEXAS TARRANT COUNTY, TE`W,4' C1 200' 80 S 89*59*460 W 130188' REMAINDER TRACT CALLED 7Zd35 ACRES T kRRAtJT COUNT'f WATER CClNTROL AND IMPROVEMENT DISTRICT VOLUME 2o66,PACE 1E6 OFFICIAL PUBLIC RECORDS TPRRAPJT COUNTY, TEXAS tow REMAINDER TRACT CALLED 71835 ACRES PART( LO7 TARRANT COUNTY WATER CONTROfl. fvP1D REMINGTON POINT ADDYTIOPJ IMPROVEMENT DICE UI r) CABINET A, SLIDE 6957 VOLUME PUBL2$66IC FADE RECORDS PLAT RECORDS OFFICIAL COUNTY, Y,TEXA TARRANT COUNTY, TEXAS TARRANT COUNTY, TEXAS BLOCK 14 REM(NG7ON POWT ACr#}ITION CABINET k. SLIDE E393 PLAT RECORDS TPRRAPJT COUNTY, TEXAS TRACT No 1 TEXAS ELECTRIC SERVICE VOLUME 2037, PAGE ?J7 OFFICWl PUBLIC RECORDS TPRPANT COUNTY. TEXAS NOTE "This doccmant was preGarad under 22 TAC 653 21, does nrJ re8e<t �'. the raeuNs of anon the ground Survey, and+5 not to be used to c9rrvey bf cutabfl5h IniFr95i5 Ei fE•a1 F�oPerLY exCep{ those f1gM5 4r lni6t1:S15 imp;ied ar estatdished bythe ueapcn � retonfrgur�ion of the boundary of ih a Poiiti{ai saMl+vis�on for which it was pteparad Annexation—AX-19-005 LOT i, BLOCY. i LOPJGHORN ADDITION NiSTRUP.IENT No 0210114231 OFFICIAL PUBLIC RECORDS TARRANT COUNTY, TEXAS TRACT 1 CALLED 27.148 ACRES NARTMAIJ RPC, LLC IPJSTRUMECIT No. D20S207491 OFFICIAL PUBLIC RECORDS TARRANT COUNTY, TEXAS Ordinance No. 23638-04-2019 Page 6 of 7 Exhibit A 1 1 11 1_ • _ j - :::::.:.................................................. .. ............... .. .n ............... :::::::::::::::::::::: G : .. :..:E.-P ::..,•:gRl 3i13ta:E: RA17 Penn :�::i:BAS WOOD ::..�.:::: w:::::::::::::::::::::::::::::: :::::::::::W J BOAZ :::::":�...:::6.:::::am i..0 knQ :::s:::::..lfy:iio:l: i:::cl:::....:....................AR:E::::::;:::::;;::::::..........................cANYC)N:: E:: a :::::::::::: ::: �: c:::: :ici:i::::::::::::::c::::::::ixL11 :::::.:zMCLlioiv .< :s : :�Q::: u) ILL O(Dp:•:................. 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N:.::::::::::::::::::::::::::::::::::::::::::::::::::::::::: f�t::::::::::::::::::::::::::::::::::::::::::::::: •- IC ROCK STONE Fort Worth FOX HUNT BRIDAL Y w-� E�ERN GRANITE RIDGE N � TUSCANY Q RIVERFLAT w o J w � D7 c� o- Designation Full Purpose ILimited Purpose Extraterritorial Jurisdiction �N 0 250 500 1,000 Feet ® Annexation Area Adjacent Cities 1:11,330 AUTO Planning & Developm ent Department 9/2019 COPYRIGHT 2019 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 CRY OF FORT WORTH ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF SAID DATA. SECRETARY 4TRACT • ! (118 MWAR11M IMMUNIU&MEWi 11 11111 1, lliiiiiil� . This Municipal Services Agreement ('Agreement") is entered into on day of t1�? by and between the City of Fort Worth, Texas, a home -rule municipality of the State of Texas, ("City") and Northwest Pipe Company ("Owner"), RECITALS The parties agree that the following recitals are true and correct and form the basis upon which the parties have entered into this Agreement. WHEREAS, the City is currently classified as a Tier 2 municipality for purposes of annexation under the Texas Local Government Code ("LGC"); WHEREAS, Section 43.0671 of the LGC permits the City to amlex an area if each owner of land in an area requests the annexation; WHEREAS, where the City elects to annex such an area, the City is required to enter into a written agreement with the property owner(s) that sets forth the City services to be provided for the Property on or after the effective date of annexation (the "Effective Date"); WHEREAS, Owner owns certain parcels of land situated in Tarrant County, Texas, which consists of approximately 21.5 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- M05 ("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 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: 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 full, 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 ���� Q�'�rr(P��Owner-Initiated Annexation Service Agreement municipal services" means all services provided by tl:Ae 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. 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 Proper t`r, 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 Properwill 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 to use the same. If a property owner desires to connect an existing structure to Owner -Initiated Annexation Service Agreement 2 of9 the City water and sewer system, then the owner may request a connection and receive up to 200 linear feet of water and sewer extension at the City's cost for each occupied lot or tract in accordance with the City's "Policy for the Installation of Community Facilities" and applicable law. Once connected to the City's water and sanitary sewer mains, the water and sanitary sewage service will be provided by the City at rates established by City ordinances for such service. x. Solid Waste Services — The City will provide solid waste collection services in accordance with existing City ordinances and policies, except where prohibited by law. xi. Code Compliance — The City's Code Department will provide education, enforcement, and abatement relating to code violations within the Property. xii. Full Municipal Services — Commencing on the Effective Date, the City will provide to the Property all services provided by the City within its full -purpose boundaries and not otherwise listed above, except as provided in Section 3(b). b. The City will provide water service and wastewater treatment service to developments established after the Effective Date in accordance with, and on the schedule determined by, the City's extension policies and applicable law and at rates established by City ordinances for such services. c. It is understood and agreed that the City is not required to provide a service that is not included in this Agreement. d. Owner understands and acknowledges that the City departments listed above may change names or be re -organized by the City Manager. Any reference to a specific department also includes any subsequent City department that will provide the same or similar services. 4. SERVICE LEVEL. The City will provide the Property with a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City with topography, land use, and population density similar to those reasonably contemplated or projected for the Property. S. AUTHORITY. City and Owner represent that they have full power, authority and legal right to execute, deliver and perform their obligations pursuant to this Agreement. Owner acknowledges that approval of the Annexation Case is within the sole jurisdiction of the City Council. Nothing in this Agreement guarantees favorable decisions by the City Council. 6. SEVERABILITY. If any part, term, or provision of this Agreement is held by the courts to be illegal, invalid, or otherwise unenforceable, such illegality, invalidity, or unenforceability will not affect the validity of any other part, term or provision, and the rights of the parties will be construed as if the part, term, or provision was never part of the Agreement. 7. INTERPRETATION. The parties to this Agreement covenant and agree that in any litigation relating to this Agreement, the terms and conditions of the Agreement will be interpreted according to the laws of the State of Texas. The parties acknowledge that they are of equal bargaining power and that each of them was represented by legal counsel in the negotiation Owner -Initiated Annexation Service Agreement 3 of 9 and drafting of this Agreement. 8. GOVERNING LAW AND VENUE. Venue shall be in he 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. 10. GOVERNMENTAL POWERS. It is understood that by execution of this Agreement, the City does not waive or surrender any of its governmental powers or immunities. 11. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. 12. CAPTIONS. The captions to the various clauses of this Agreement are for informational purposes only and shall not alter the substance of the terms and conditions of this Agreement. 13. AGREEMENT BINDS AND BENEFITS SUCCESSORS AND RUNS WITH THE LAND. This Agreement is binding on and inures to the benefit of the parties, their successors, and assigns. The term of this Agreement constitutes covenants running with the land comprising the Property, is binding on the Owner and the City, and is enforceable by any current or future owner of any portion of the Property. 14. ENTIRE AGREEMENT. Except as provided in Section l5, 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 CITY OF FORT WORTH PROPERTY OWN ER Nort est Pipe C mpany Jesus '`Jay" Chapa N in John G. Peterson Assistant City Manager Operations Manager Approved as to Form and Legality: NMdaac lqi: r ,5 Senior Assistant City Attorney �. LL Ciiy ScC:rctary Approvals: M&C t-= I w�tj I �°t 1t I Ordinance No. lags* Qo lcl1 (4(007697. �y L Owner -Initiated Annexation Service Agreement WORTH, TX 5of9 State of Texas § County of Tarrant § This instrument was acknowledged before me on the Y day of , 20 by Jesus "Jay" Chapa, Assistant City Manager of the City of Fort Worth, a Te s municipal corporation, on behalf of said corporation. By: Notary Public, State of Texas MARIA S. SANCHEZ My Notary ID # 2266490 Expires December 19, 2021 State of Texas § County of Tarrant § 41 This instrument was acknowledged before me on the 6*44 day of %act vc tq , 20 , by John Ct. Peterson, Operatigns Manager on behalf of said Northwest Pipe Company. By; Notary Public, State of Texas After Recording Return to: City Secretary City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 SHERRY t_. HFNStEE MY COMMISSION EXPIRES OCTOBER 7, 2019 Owner -Initiated Annexation Service Agreement 6 of 9 EXHIBIT SHOWING .: e • • • "~���� . . ■ Ill r_.. _r®-- ;® ENCLAVE 36-1 BEING 21.5 ACRES OF LAND SITUATED IN THE A. ALBRIGHT SURVEY, ABSTRACT No. 1849, TARRANT COUNTY, TEXAS, CALLED 2.396 ACRES FOR RIGHT-OF-WAY TARRANT COUNTY VOLUME 3560, PAGE 134 LONGHORN ROAD OFFICIAL PUBLIC RECORDS 68.6. GiDUMi Raw4041 TARRANT COUNTY, TEXAS EAST 904.05' a 0 01 �. CALLED 0.455 ACRE it F-- vi U r sh CITY OF SAGINAW t) z O w tf5 N o a r to nNSTRUMENTNo. D209029259 u OFFICIAL PUBLIC RECORDS o F-- u ro W TARRANT COUNTY, TEXAS REMAINDER TRACT 1 O CALLED 21-406 ACRES NORTHWEST PIPE COMPANY p r $ VOLUME 15110, PAGE 328 OFFICIAL PUBLIC RECORDS 399.83' TARRANT COUNTY, TELLS N 89'59'36n E z CITY OF FORT WORTH 9 REMINGTONPONT ADDITION 4 v VOLU.ME477,PAGE 720 CABINET A, SLIDE 10742 so OFFICIAL PUBLIC RECORDS PLATRECORDS i i.t TARRANT COUNTY, TEXAS TARRANT COUNTY, TEXAS �. IS89"59'46` W 13Q3.88' \REMAINDER TRACT C%I ED 77635 ACRES TARRANT COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT VOLUME 2866, PAGE 186 OFFICIAL PUBLIC RECORDS TARRANT COUNTY, TEXAS Soto PARK LOT � REMINGTON POINTADDR'ION CABINET A, SLIDE 695T PLAT RECORDS TARRANT COUNTY, TEXAS BLOCK 14 REMINGTON P06JT ADDITION CABINET A, SLIDE8393 PLAT RECORDS TARRANT COUNTY; TEXAS t;ltiil •This dogxiienttv85 D�Peradrinder 22 TAC 663.21, dues not 2Hed �9 results of an on the ground survey, end is not to be used to con✓ay or establish rrrterasts yr reel property except those rights orir>terests rtrlarp or estaMishetl 'iP !�' c+creation or reconfiguration of the L 9•i x, it rg f r�,ii �.,, subdivison forwhtch It was {' rr�i=3- REMAINDER TRACT CALLED 77.636 ACRES COUNTY WATER CONTROL AND TARRANT IMPROVEMENT DISTRICT VOLUME 2866, PAGE 186 OFFICIAL PUBLIC RECORDS TARRANT COUNTY, TEXAS TRACT No 1 TEXkS ELECTRIC SERVICE VOLUME 2037; PAGE 277 OFFICL4L PUBLIC RECORDS TARRANT COUNTY, TEXAS N C tI N rn LOT 1R, BLOCK 2 SANTA FE NORTHYvES"T INDUSTRIAL PARK WSTRUMENT No. 0213058988 OFFICIAL PUBLIC RECORDS TARRANT COUNTY, TEXAS LOT 1, BLOCK 1 LONGHORN ADDTION INSTRUMENT No. D210114281 OFFICIAL PUBLIC RECORDS TARRANT COUNTY, TEXAS TRACT 1 CALLED 27.i48 ACRES HARTMPN RPC, LLC 1NSTRUMENT N0. D208207491 OFFICIAL PUBLIC RECORDS TARRANT COUNTY, TEXAS Owner -Initiated Annexation Service Agreement 7of9 EXHIBIT "A" All that certain lot, tract or parcel of land lying and situated in the A. Albright Survey, Abstract No. 1849, Tarrant County, Texas, being all of that certain tract described as Tract 1 in the deed to Northwest Pipe Company per deed recorded in Volume 15110, Page 328 of the Deed Records of Tarrant County, Texas, all of that certain tract of land conveyed to the City of Fort Worth according to the deed recorded in Volume 4779, Page 720 of the Deed Records of Tarrant County, Texas (hereinafter referred to as "City tract"), all of that certain tract of land described as 0.45S acre in the deed from Northwest Pipe Company to the City of Saginaw, recorded in Instrument No. D209029259 of the Official Public Records of Tarrant County, Texas, and being a portion of that certain 77.635 acre tract conveyed to Tarrant County Water Control and Improvement District No. One per deed recorded in Volume 2866, Page 186 of the Deed Records of Tarrant County, Texas, and being more particularly described as follows: BEGINNING at a point in the former south right -of way Line of Longhorn Rd. (called 80.0' right- of-way, formerly known as County Road No. 4001 according to Volume 3566, Page 134 of the Official Public Records of Tarrant County, Texas) at the northeast corner of said Tract 1, the northeast corner of said 0.455 acre tract, being the southeast coiner of that certain tract of land described as 2.396 acres in the Right -of --way Deed to Tarrant County, recorded in Volume 3566, Page 134 of the Deed Records of Tarrant County, Texas, and being the northwest corner of that certain 10 1. 03 acres annexed by the City of Fort Worth under Ordinance No. 6118; THENCE South generally along the westerly city limit line, am 21.84 feet passing the southeast corner of said 0.455 acre tract, the northwest corner of Lot 1R, Block 2, Santa Fe Northwest Industrial Park, according to the plat recorded in Instrument No. D213058988 ofthe Official Records of Tarrant County, Texas, at 825.66 feet passing the northwest corner of Lot 1, Block 1, Longhorn Addition according to the plat recorded in Instrument Number D210114281 of the Deed Records of Tarrant County, Texas, the southwest corner of said Lot 1 R, continuing in all 925.26 feet to the southeast corner of said Tract 1; THENCE South 89 degrees 59 minutes 46 seconds West along the southerly line of said Tract 1, at 80 feet passing a southwest corner of said Tract 1, being the southeast corner of said City tract, at 280 feet passing the southwest corner of said City tract, a southeast corner of said Tract 1, continuing in all 1303.88 feet to a point lying in the westerly line of said 77.635 acre tract, the easterly line of Remington Point Addition, according to the plat recorded in Cabinet A, Slide 10742 of the Plat Records of Tarrant County, Texas, and lying in the easterly line of that certain 237.528 acre tract annexed by the City of Fort Worth under Ordinance No. 8846, being the southwest corner of said Tract 1; THENCE North 00 degrees 00 minutes 41 seconds West along the common line between said 77.635 acre tract, said Tract 1 and said Remington Point Addition and generally along the easterly city limit line, 270.36 feet to the southwest corner of that certain tract of land described as 6.015 acres in the deed to Tarrant County, recorded in Volume 3566, Page 135 of the Official Records of Tarrant County, Texas; THENCE North 89 degrees 59 minutes 36 seconds East along thE; common line between said Tract 1 and said 6.015 acre tract, 399.83 feet to the southeast corner of said 6.015 acre tract; Owner -Initiated Annexation Service Agreement 8 of 9 THEhICE North 00 degrees 00 minutes 11 seconds East along the common line between said Tract 1 and said 6.015 acre tract, 654.95 feet to a point lying in the former southerly line of said Longhorn Road, the northern most northwest comer of said Tract 1, being the northwest corner of said 0.455 acre tract; THEI�ICE EAST along the northerly line of said Tract 1 and said 0.455 acre tract, 904.05 feet to the point of beginning and containing approximately 21.5 acres of land, more or less. This document was prepared January 155 2015 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. Owner -Initiated Annexation Service Agreement 9 of 9 4/25/2019 M&C Review COUNCIL ACTION: Approved on 4/9/2019 DATE: 4/9/2019 REFERENCE L-16211 LOG 06MUNICIPAL SERVICES AGREEMENT, NO.: NAME: AX-19-005, OWNER -INITIATED CODE: L 7YPE: NON- PUBLIC NO CONSENTHEARING: SUBJECT: Authorize Execution of Municipal Services Agreement for the Proposed Owner -Initiated Annexation of Approximately 21.5 Acres of Land in Tarrant County, Located West of Main Street and the BNSF Railway on the South Side of Longhorn Road, in the Far Northwest Planning Sector, AX-19-005 (FUTURE COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council execute the attached Municipal Services Agreement between the City and property owner, Northwest Pipe Company, for the proposed owner -initiated annexation of approximately 21.5 acres of land located west of Main Street and the BNSF Railway on the south side of Longhorn Road. DISCUSSION: On January 25, 2019, representatives for the property owner, Northwest Pipe Company, submitted an application for full -.purpose annexation. The 21.5 acres is situated in Tarrant County within the City of Fort Worth extraterritorial jurisdiction, west of Main Street and the BNSF Railway on the south side of Longhorn Road, see map Exhibit A. The property is currently annexed for limited purposes and is subject to zoning. It was annexed as case AX-14-007 under ordinance number 21731-04-2015. The City Plan Commission recommended approval of the full -purpose annexation request at the February 27, 2019 public hearing. The related zoning case (ZC-14-152A) was heard by the Zoning Commission on January 6, 2015 and vvas approved by City Council immediately after it was annexed on April 21, 2015. The current zoning is "K" Heavy Industrial. The property is currently used for a facility that manufactures large diameter, welded steel pipe. The current 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. Based on operating costs projected from the Police, Code Compliance and Transportation and RGblic 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 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 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 will provide each service that is not provided on the effective date of the annexation. The municipal services agreement includes these provisions in accordance with state law. If annexed for full purposes, this property affected by this Municipal Services Agreement will remain part of COUNCIL DISTRICT 2. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that the long-term fiscal impact of the annexation will be incorporated into the City's five-year projections. TO Fund Department Account Project Program Activity Budget Reference # Amount ID _ __ ID Year Chartfieid 2 FROM Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year Chartfield 2 Submitted for City Manager's Office by_ Originating Department Head: Fernando Costa (6122} Randle Harwood (6101) O�ncial s(t=_ cm Gas CIty of For �;lofd�, Texas F`cteT��'o>zrlt Additional Information Contact: Leo Valencia (6942) a pps.cfwnet.org/council_packet/mc_review.asp?I D=26885&co uncildate=4/9/2019 1 /2 4/25/2019 M&C Review ATTACHMENTS Exhibit A - Map.pdf MSA AX-19-005 ord ex b.pdf Northwest Pipe Company Form 1295 AX-19-005 Redacted.pdf City of Fort Worth, Texas •, • • �TI_ITl'l UI'11CatlOf'1 COUNCIL ACTION: Approved on 4/9/2019 -Ordinance No. 23638-04-2019 DATE: Tuesday, April 9, 2019 REFERENCE NO.: L-16212 LOG NAME: 06AX-19-005, OWNER-INITITATED ANNEXATION, ORDINANCE SUBJECT: Adopt Ordinance for the Owner -Initiated Annexation of Approximately 21.5 Acres of Land in Tarrant County, Located West of Main Street and the BNSF Railway on the South Side of Longhorn Road, in the Far Northwest Planning Sector, AX-19-005 (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance annexing, for full purposes, approximately 21.5 acres of land located west of Main Street and the BNSF Railway on the south side of Longhorn Road. DISCUSSION: On January 25, 2019, representatives for the property owner, Northwest Pipe Company, submitted an application for full -purpose annexation. The 21.5 acres is situated in Tarrant County within the City of Fort Worth extraterritorial jurisdiction, west of Main Street and the BNSF Railway on the south side of Longhorn Road, see map Exhibit A. The property is already annexed for limited purposes and is subject to zoning. The property was annexed for limited purposes on April 21, 2015. It was annexed as case AX-14-007 under Ordinance No. 21731- 04-2015. The City Plan Commission recommended approval of full -purpose annexation at the February 27, 2019 public hearing. The related zoning case (ZC-14-152A) was heard by the Zoning Commission on January 6, 2015 and was approved by City Council on April 21, 2015. The site is currently zoned "K" Heavy Industrial. The property is currently used for a facility that manufactures large diameter, welded steel pipe. The current 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. 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. If annexed for full purposes, this property will remain part of COUNCIL DISTRICT 2. 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 existing use, the annexation will have along -term positive impact to the General Fund. FUND IDENTIFIERS (FIDs�: Logname: 06AX-19-005, OWNER-INITITATED ANNEXATION, ORDINANCE Page I of 2 TO _ _ __ _ Fund Department ccoun Project ProgramC ctivity Budget Reference-�-�#-�--�moun ID � �_ � ID ___ ���� Year ��(Chartfield 2) _�_ _� FROM Fund Department ccoun Project Program ctivity � Budget Reference # ��moun ID ID Year (Chartfiel�_��� 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-19-005, OWNER-INITITATED ANNEXATION, ORDINANCE Page 2 of 2