HomeMy WebLinkAboutOrdinance 23676-05-2019 ORDINANCE NO. 23676-05-2019
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 50.784 ACRES
OF LAND, MORE OR LESS, AND APPROXIMATELY 4.505
ACRES OF LAND MORE OR LESS OF RIGHT-OF-WAY, OUT OF
THE W.N. SAMPLE SURVEY, ABSTRACT NO. 1207, IN DENTON
COUNTY, TEXAS (CASE NO. AX-18-006) 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 Jerry
Lee Wilson, Jr. and William Scott Wilson, the owners, requesting the full-purpose
annexation of 55.289 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, Jerry
Wilson & William Scott Wilson and the City negotiated and entered into a written
agreement, City Secretary Contract No. 52370, for the provisions of municipal services in
the area; and
WHEREAS,the Property abuts 4.505 of an acres of state roads; and
WHEREAS, Chapter 43,of the Texas Local Government Code requires that when
a municipality proposes to annex territory that abuts a county road the municipality must
also annex the entire width of the county road and the adjacent right-of-way on both side
of the county road; and
WHEREAS, the City conducted two public hearings at which members of the
public who wished to present testimony or evidence regarding the Municipal Service
Agreement and Full-Purpose Annexation were given the opportunity to do so, in
accordance with the procedural requirements of Section 43.0673 of the Local Government
Code on March 5th and 19th, 2019 at 7:00 p.m., at the City Council Chamber; and
WHEREAS,the City Council finds and determines that annexation of the Property
hereinafter described is in the best interest of the citizens of the City of Fort Worth and the
owners and residents of the area.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH, TEXAS:
SECTION 1.
That all portions of the Property, comprising approximately 50.784 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.
North Tract
Being a 40.526 acre tract of land situated in the W.N. Sample Survey, Abstract No. 1207,
Denton County, Texas, and being a portion of the remainder of Tract I, as described in the
deed to William Scott Wilson and Jerry Lee Wilson, Jr, as filed in Instrument#2018-3114,
Deed Records of Denton County, Texas (D.R.D.C.T.), and being more particularly
described by meets and bounds as follows;
Commencing at a 5/8" iron bar found at the Southeast corner of said Wilson tract, said
point also being the Southeast corner of said Sample Survey;
Thence N 00°30'26" E, along the East line of said Wilson tract, the West line of tract of
land described in deed to OLP Real Estate, Ltd., as filed in Instrument No. 2007-55420,
D.R.D.C.T., and also being a boundary line agreement that runs north as filed in Volume
1708, Page 983, D.R.D.C.T, and along and near a wire fence, a distance of 504.62 feet to
a 5/8" iron bar at the Southeast corner of a tract of land described in deed to the City of
Fort Worth as filed in instrument No. 2006-62175, D.R.D.C.T. for the south right of way
line of FM Highway 156;
Thence N 00°20'46"E, along the East line of said Wilson tract,the West line of said OLP
Real Estate Ltd. tract and along said boundary line agreement, a distance of 219.94 feet to
the Northeast corner of said City of Fort Worth tract, which a 5/8" iron bar bears N
52°22'29" E a distance of 0.46 feet, said point also being the Point of Beginning;
Thence N 00°28'56" E, along the East line of said Wilson tract, the West line of said OLP
Real Estate Ltd. tract, along said boundary line agreement and along and near said wire
Annexation—AX-18-006 Ordinance No.23676-05-2019
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fence, a distance of 1563.31 feet to a 5/8" iron rod with cap stamped "TNP" from which
the southernmost Northeast corner of said Wilson Tract bears N 00°27'03" E, a distance
of 695.99 feet to a 1/2" iron rod with cap stamped"RPLS 2010;
Thence N 76°27'49" W, over and across said Wilson tract, a distance of 1024.34 feet to a
5/8" iron bar with cap stamped "TNP", set in the West line of said Wilson tract and the
apparent East line of a tract of land described as Tract 2 in deed to Alliance-156 Partners
LP, as filed in Instrument No. 2010-110449, D.R.D.C.T.;
Thence S 00°30'02" W, along the West line of said Wilson tract and apparent East line of
said Tract 2, a distance of 1902.70 feet to a point on the northerly FM Highway 156 right
of way line and a point on the North line of said City of Fort Worth tract, from which a
found 5/8" iron bar with cap stamped "Dunaway Assoc. LP" bears N 57°19'53" E, a
distance of 0.28 feet;
Thence Easterly along said North right of way line, along the following three courses;
Thence Easterly along a non-tangent curve to the left, having a radius of 2211.83 feet, an
arc length of 327.89 feet, and a chord which bears S 85°37'43"E, a distance of 327.59 feet
to a Highway right of way monument;
Thence N 61°55'00"E, a distance of 45.39 feet to a Highway right of way monument;
Thence Easterly along a non-tangent curve to the left, having a radius of 2191.83 feet, an
arc length of 643.34 feet and having a chord which bears N 80°44'04" E, a distance of
641.03 feet to the Point of Beginning, containing 40.526 acres.
South Tract
Being a 10.258 acre tract of land situated in the W.N. Sample Survey, Abstract No. 1207,
Denton County, Texas, and being a portion of the remainder of Tract I, as described in
the deed to William Scott Wilson and Jerry Lee Wilson,Jr, as filed in Instrument#2018-
3114, Deed Records of Denton County, Texas(D.R.D.C.T.), and being more particularly
described by meets and bounds as follows;
Beginning at a 5/8" iron bar found at the Southeast corner of said Wilson tract, said point
also being the Southeast corner of said Sample Survey;
Thence N 00°30'26" E, along the East line of said Wilson tract, the West line of tract of
land described in deed to OLP Real Estate, Ltd., as filed in Instrument No. 2007-55420,
D.R.D.C.T., and also being a boundary line agreement that runs north as filed in Volume
1708, Page 983, D.R.D.C.T, and along and near a wire fence, a distance of 504.62 feet to
a 5/8"iron bar at the Southeast corner of a tract of land described in deed to the City of
Fort Worth as filed in instrument No. 2006-62175, D.R.D.C.T. for the south right of way
line of FM Highway 156;
Annexation-AX-18-006 Ordinance No.23676-05-2019
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Thence Westerly along said South right of way line, along the following three courses;
Thence Westerly along a non-tangent curve to the right, having a radius of 2104.83 feet,
an arc length of 80.32 feet and a chord which bears S 74°50'03" W, a distance of 80.32
feet to a Highway Right of Way monument;
Thence N 14°12'21" W a distance of 10.00 feet to a Highway Right of Way monument;
Thence Westerly along a non-tangent curve to the right,having a radius of 2391.83 feet,
an arc length of 926.77 feet and having a chord which bears S 86°53'32" W, a distance of
920.99 feet,to a point on the West line of said Wilson tract and the apparent East line of
a tract of land described as Tract 2 in deed to Alliance-156 Partners LP, as filed in
Instrument No. 2010-110449, D.R.D.C.T. from which a found 5/8" iron bars bears N
78°41'58" W, a distance of 2.51 feet;
Thence S 00°30'02" W along said West line, a distance of 452.33 feet to a 5/8" iron bar
found at the Southwest corner of said Wilson tract;
Thence N 89°29'08"E along the South line of said Wilson tract, a distance of 999.13
feet to the Point of Beginning, and containing 10.258 acres.
This document 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.
Basis of Bearing: Bearings based on the Texas State Plane Coordinate System, North
Central Zone (4202)North American Datum 1983 (2011).
SECTION 2.
The above described territory is shown on Exhibit A attached hereto and expressly
incorporated herein by reference for the purpose of depicting the location of the
hereinabove described territory.
SECTION 3.
That all portions of the right-of-way,comprising approximately 4.505 acres of land,
are hereby annexed to the City of Fort Worth as apart of the city for all municipal purposes,
and the city limits are extended to include such right-of-way being all that certain land
particularly described below and depicted as on Exhibit B attached to and incorporated in
this ordinance for all purposes.
SECTION 4.
That the above described territory hereby annexed shall be part of the City of Fort
Annexation-AX-18-006 Ordinance No.23676-05-2019
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Worth, Texas, and the property so added hereby shall bear its pro rata part of the taxes
levied by the City of Fort Worth, Texas, and the inhabitants thereof shall be entitled to all
of the rights and privileges of all the citizens in accordance with the Service Plan and shall
be bound by the acts, ordinances, resolutions and regulations of the City of Fort Worth,
Texas.
SECTION 5.
MUNICIPAL SERVICES AGREEMENT
That the Municipal Services Agreement attached hereto as Exhibit C is approved
and incorporated into this ordinance for all purposes.
SECTION 6.
CUMULATIVE CLAUSE
This ordinance amends every prior ordinance in conflict herewith,but as to all other
ordinances or sections of ordinances not in direct conflict,this ordinance shall be, and the
same is hereby made cumulative.
SECTION 7.
SEVERABILITY CLAUSE
It is hereby declared to be the intent of the City Council that the sections,
paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any
phrase, clause, sentence, paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this ordinance, since the same would have been enacted by the
City Council without the incorporation in this ordinance of any unconstitutional phrase,
clause, sentence, paragraph or section.
SECTION 8.
SAVING CLAUSE
The City Council hereby declares it to be its purpose to annex to the City of Fort
Worth every part of the area described in Section 1 of this ordinance,regardless of whether
any part of such described area is hereby not effectively annexed to the City. Should this
ordinance for any reason be ineffective as to any part or parts of the area hereby annexed
to the City of Fort Worth for full purposes, the ineffectiveness of this ordinance as to any
such part or parts shall not affect the effectiveness of this ordinance as to the remainder of
such area.
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SECTION 9.
EFFECTIVE DATE
This ordinance shall be in full force and effect upon adoption.
APPROVED AS TO FORM AND LEGALITY:
r
Melinda Ramos, Assistant City Attorney 4y Kayser, City Secre
ADOPTED AND EFFECTIVE: May 21, 2019
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EXHIBIT B
LEGAL DESCRIPTION
RIGHT-OF-WAY
Being a 4.505 acre tract of land situated in the W.N. Sample Survey, Abstract No. 1207,
Denton County, Texas, and being a portion of the remainder of Tract I, as described in the
deed to William Scott Wilson and Jerry Lee Wilson, Jr, as filed in Instrument#2018-3114,
Deed Records of Denton County, Texas (D.R.D.C.T.), and being a tract of land described
in deed to the City of Fort Worth as filed in instrument No. 2006-62175, D.R.D.C.T. for
the right of way line of FM Highway 156, and being more particularly described by meets
and bounds as follows;
Commencing at a 5/8" iron bar found at the Southeast corner of said Wilson tract, said
point also being the Southeast corner of said Sample Survey;
Thence N 00°30'26" E, along the East line of said Wilson tract, the West line of tract of
land described in deed to OLP Real Estate, Ltd., as filed in Instrument No. 2007-55420,
D.R.D.C.T., and also being a boundary line agreement that runs north as filed in Volume
1708, Page 983, D.R.D.C.T, and along and near a wire fence, a distance of 504.62 feet to
a 5/8" iron bar at the Southeast corner of said City of Fort Worth tract and being on the
Southerly FM Highway 156 right of way line, said point being the Point of Beginning;
Thence Westerly along the South right of way line, along the following three courses;
Thence Westerly along a non-tangent curve to the right, having a radius of 2104.83 feet,
an arc length of 80.32 feet and a chord which bears S 74°50'03" W, a distance of 80.32
feet to a Highway right of way monument;
Thence N 14'12'21" W a distance of 10.00 feet to a Highway right of way monument;
Thence Westerly along a non-tangent curve to the right, having a radius of 2391.83 feet,
an arc length of 926.77 feet and having a chord which bears S 86°53'32" W, a distance of
920.99 feet, to a point on the West line of said Wilson tract and the apparent East line of a
tract of land described as Tract 2 in deed to Alliance-156 Partners LP, as filed in Instrument
No. 2010-110449, D.R.D.C.T. from which a found 5/8" iron bar bears N 78°41'58" W, a
distance of 2.51 feet;
Thence N 00°30'02" E along said West line of Wilson tract, a distance of 181.58 feet to a
point on the northerly FM Highway 156 right of way line and a point on the North line of
said City of Fort Worth tract,from which a found 5/8"iron bar with cap stamped"Dunaway
Assoc. LP" bears N 5719'53"E, a distance of 0.28 feet;
Thence Easterly along said North right of way line, along the following three courses;
Annexation AX-18-006 Ordinance No.23676-05-2019
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Thence Easterly along a non-tangent curve to the left, having a radius of 2211.83 feet, an
are length of 327.89 feet, and a chord which bears S 85°37'43"E,a distance of 327.59 feet
to a Highway right of way monument;
Thence N 61°55'00"E, a distance of 45.39 feet to a Highway right of way monument;
Thence Easterly along a non-tangent curve to the left, having a radius of 2191.83 feet, an
arc length of 643.34 feet and having a chord which bears N 80°44'04" E, a distance of
641.03 feet to a point on the East line of said Wilson tract and being the Northeast corner
of said City of Fort Worth tract, from which a 5/8"iron bar bears N 52°22'29"E a distance
of 0.46 feet;
Thence S 00°20'46"W,along the East line of said Wilson tract,the West line of said OLP
Real Estate Ltd. tract and along said boundary line agreement, a distance of 219.94 feet to
the Point of Beginning, containing 4.505 acres.
Annexation—AX-18-006 Ordinance No.23676-05-2019
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EXHIBIT B
MAP OF RIGHT-OF-WAY
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Annexation—AX-18-006 Ordinance No.23676-05-2019
Page 10 of 11
EXHIBIT C
MUNICIPAL SERVICES AGREEMENT
(to be inserted)
Annexation—AX-1 8-006 Ordinance No.23676-05-2019
Page 11 of 11
r CITY SECRETARY
` CONTRACT NO.. 70
,4,2a MUNICIPAL SERVICES AGREEMENT
BETWEEN THE CITY OF FORT WORTH, TEXAS
AND TSL COMPANY HOLDING,LTD
This Municipal Services Agreement ("Agreement") is entered into on s4- day of
_mf , 10 J by and between the City of Fort Worth, Texas, a home-rule
inuni ipality of the State of Texas,("City")and TSL Company Holdings, Ltd. ("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 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");
WHEREAS, Owner owns certain parcels of land situated in Denton County,
Texas, which consists of approximately 50.784 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-18-006 ("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 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 " is A eement "1 11
OFRC AL RECTOR
wner Imh3 Annexation Service Agreement C�� °� RE7ARJ o_ 9
�' RECEIVED FT WOUH, X
municipal services" means all services provided by the City within its full-purpose
boundaries, including water and wastewater services and excluding gas or electrical service.
3. MUNICIPAL SERVICES.
a. Commencing on the Effective Date, the City will provide the municipal services
set forth below. As used in this Agreement, "providing services" includes having
services provided by any method or means by which the City may extend municipal
services to any other area of the City, including the City's infrastructure extension
policies and developer or property owner participation in accordance with
applicable city ordinances, rules, regulations, and policies.
i. Fire— The City's Fire Department will provide emergency and fire protection
services.
ii. Police — The City's Police Department will provide protection and law
enforcement services.
iii. 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
to use the same. If a property owner desires to connect an existing structure to
Owner-Initiated Annexation Service Agreement 2 of 9
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 Com 1p iance — 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. 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 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.
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 15, 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 TSL COMPANY HOLDING,LTD
By: By:
J�apa Name: Tom Has mgs
Assistant it�ager Title: President
Approved as to Form and Legality:
v I? Y
Senior Assistant City Attorney
'�ayxti
Attest: �
ary Kays `�.a
City Secretary +` ..........
°
Approvals:
M&C u- 1b1_93
Ordinance No. M(tl e
la°t5: au�8-yDbaoo
XFOCUAL RECORD
o°rR?SECR T,ARV
FF WORTH, 7X
Owner-Initiated Annexation Service Agreement 5 of 9
State of Texas §
County of Tarrant §
This instrument was acknowledged before me on the day ofLwu"," 2011,
by Jesus "Jay" Chapa,Assistant City Manager of the City of Fort Worth, a T xas municipal
corporation, on behalf of said corporation.
By:
~ ;�• `��. MARiA S.SANCHEZ
Notary Public, State of Texas �. ,P` My Notary ID#2256490
' Expires December 19,2021
State of Nebraska §
County of SaMRy §
This instrument was acknowledged before me on the day of , 20L�
by Tom Hastings President of on behalf of said
TSL Company�Holdings, Ltd.
�Y
`' .. SWofNelxesM—GeneWWtary
By: UMMMWE
My Cmrds m s
Notary Public, State of Nebraska Jum 2D'
After Recording Return to:
City Secretary
City Of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
OFFICIAL RECORD
CITY SECRETARY
Owner-Initiated Annexation Service Agreement FT. ®RT H4
EXHIBIT A
North Tract
Being a 40.526 acre tract of land situated in the W.N. Sample Survey, Abstract No. 1207, Denton
County, Texas, and being a portion of the remainder of Tract I, as described in the deed to William
Scott Wilson and Jerry Lee Wilson, Jr, as filed in Instrument#2018-3114, Deed Records of Denton
County,Texas(D.R.D.C.T.), and being more particularly described by meets and bounds as follows;
Commencing at a 5/8" iron bar found at the Southeast corner of said Wilson tract, said point also
being the Southeast corner of said Sample Survey;
Thence N 00°30'26" E, along the East line of said Wilson tract, the West line of tract of land
described in deed to OLP Real Estate, Ltd., as filed in Instrument No. 2007-55420, D.R.D.C.T., and
also being a boundary line agreement that runs north as filed in Volume 1708,Page 983,D.R.D.C.T,
and along and near a wire fence, a distance of 504.62 feet to a 5/8" iron bar at the Southeast corner
of a tract of land described in deed to the City of Fort Worth as filed in instrument No. 2006-62175,
D.R.D.C.T. for the south right of way line of FM Highway 156;
Thence N 00°20'46" E, along the East line of said Wilson tract, the West line of said OLP Real
Estate Ltd. tract and along said boundary line agreement, a distance of 219.94 feet to the Northeast
corner of said City of Fort Worth tract, which a 5/8"iron bar bears N 52°22'29"E a distance of 0.46
feet, said point also being the Point of Beginning;
Thence N 00°28'56" E, along the East line of said Wilson tract, the West line of said OLP Real
Estate Ltd. tract, along said boundary line agreement and along and near said wire fence, a distance
of 1563.31 feet to a 5/8" iron rod with cap stamped "TNP" from which the southernmost Northeast
corner of said Wilson Tract bears N 00°27'03" E, a distance of 695.99 feet to a 1/2" iron rod with
cap stamped "RPLS 2010;
Thence N 76°27'49"W, over and across said Wilson tract, a distance of 1024.34 feet to a 5/8"iron
bar with cap stamped"TNP", set in the West line of said Wilson tract and the apparent East line of
a tract of land described as Tract 2 in deed to Alliance-156 Partners LP, as filed in Instrument No.
2010-110449, D.R.D.C.T.;
Thence S 00°30'02"W, along the West line of said Wilson tract and apparent East line of said Tract
2, a distance of 1902.70 feet to a point on the northerly FM Highway 156 right of way line and a
point on the North line of said City of Fort Worth tract, from which a found 5/8" iron bar with cap
stamped"Dunaway Assoc. LP"bears N 57°19'53" E, a distance of 0.28 feet;
Thence Easterly along said North right of way line, along the following three courses;
Thence Easterly along a non-tangent curve to the left, having a radius of 2211.83 feet, an are length
of 327.89 feet, and a chord which bears S 85°37'43" E, a distance of 327.59 feet to a Highway right
of way monument;
Thence N 61°55'00"E, a distance of 45.39 feet to a Highway right of way monument;
Owner-Initiated Annexation Service Agreement 7 of 9
Thence Easterly along a non-tangent curve to the left,having a radius of 2191.83 feet, an are length
of 643.34 feet and having a chord which bears N 80°44'04"E, a distance of 641.03 feet to the Point
of Beginning, containing 40.526 acres.
South Tract
Being a 10.258 acre tract of land situated in .the W.N. Sample Survey, Abstract No. 1207, Denton
County, Texas, and being a portion of the remainder of Tract I, as described in the deed to William
Scott Wilson and Jerry Lee Wilson, Jr, as filed in Instrument#2018-3114, Deed Records of Denton
County,Texas(D.R.D.C.T.), and being more particularly described by meets and bounds as follows;
Beginning at a 5/8"iron bar found at the Southeast corner of said Wilson tract, said point also being
the Southeast corner of said Sample Survey;
Thence N 00°30'26" E, along the East line of said Wilson tract, the West line of tract of land
described in deed to OLP Real Estate, Ltd., as filed in Instrument No. 2007-55420, D.R.D.C.T., and
also being a boundary line agreement that runs north as filed in Volume 1708,Page 983,D.R.D.C.T,
and along and near a wire fence, a distance of 504.62 feet to a 5/8" iron bar at the Southeast corner
of a tract of land described in deed to the City of Fort Worth as filed in instrument No. 2006-62175,
D.R.D.C.T. for the south right of way line of FM Highway 156;
Thence Westerly along said South right of way line, along the following three courses;
Thence Westerly along a non-tangent curve to the right, having a radius of 2104.83 feet, an arc
length of 80.32 feet and a chord which bears S 74°50'03" W, a distance of 80.32 feet to a Highway
Right of Way monument;
Thence N 14"12'21"W a distance of 10.00 feet to a Highway Right of Way monument;
Thence Westerly along a non-tangent curve to the right, having a radius of 2391.83 feet, an arc
length of 926.77 feet and having a chord which bears S 86°53'32"W, a distance of 920.99 feet, to a
point on the West line of said Wilson tract and the apparent East line of a tract of land described as
Tract 2 in deed to Alliance-156 Partners LP, as filed in Instrument No. 2010-110449, D.R.D.C.T.
from which a found 5/8"iron bars bears N 78141'58"W, a distance of 2.51 feet;
Thence S 00°30'02" W along said West line, a distance of 452.33 feet to a 5/8" iron bar found at
the Southwest corner of said Wilson tract;
Thence N 89°29'08" E along the South line of said Wilson tract, a distance of 999.13 feet to the
Point of Beginning, and containing 10.258 acres.
This document 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.
Basis of Bearing: Bearings based on the Texas State Plane Coordinate System, North Central Zone
(4202)North American Datum 1983 (2011).
Owner-Initiated Annexation Service Agreement 8 of 9
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9/3/2019 M&C Review
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA F0RT�1-1
COUNCIL ACTION: Approved on 5/21/2019
CONTINUED FROM A PREVIOUS WEEK
DATE: 3/19/2019 REFERENCE L-16193 LOG 06MUNICIPAL SERVICES AGREEMENT,
NO.: NAME: AX-18-006, OWNER-INITIATED
CODE: L TYPE: NON- PUBLIC NO
CONSENT HEARING:
SUBJECT: Authorize Execution of Municipal Services Agreement for the Proposed Owner-Initiated
Annexation of Approximately 55.29 Acres of Land in Denton County, Located North of
Alliance Airport, South of Highway 114 and West of the Texas Motor Speedway, in the Far
North Planning Sector, AX-18-006 (FUTURE COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council execute the attached Municipal Services Agreement between the
City and property owners, TSL Company Holdings, Ltd., for the proposed owner-initiated annexation of
approximately 55.29 acres of land located north of Alliance Airport, south of Highway 114 and west of the
Texas Motor Speedway.
DISCUSSION:
On September 17, 2018, representatives of the property owners TSL Company Holdings, Ltd., submitted an
application for full-purpose annexation. The 55.29 acres is situated in Denton County within the City of Fort
Worth extraterritorial jurisdiction, north of Alliance Airport, south of Highway 114 and west of the Texas
Motor Speedway, see map Exhibit A. The proposed annexation area is currently mostly vacant land with
one gas well. The property is proposed for industrial uses and the proposed zoning is "I" Light
Industrial. The ordinance for AX-18-006, owner-initiated annexation, is also being considered on this City
Council docket.
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 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.
Upon approval of the annexation request, the property affected by this Municipal Services Agreement will
become part of COUNCIL DISTRICT 7.
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.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
ams.cfwnet.ora/council oackeVmc review.asp?ID=26840&councildate=5/21/2019 112
9/3/2019 M&C Review
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 21
Submitted for City Manager's Office by_ Jay Chapa (5804)
Originating Department Head: Randle Harwood (6101)
Additional Information Contact: Leo Valencia (2497)
ATTACHMENTS
2019Municipal Services Agreement.pdf
Exhibit A- Map AX-18-006.pdf
Form 1295 Certificate 100420844 EXECUTED Redacted.pdf
aoos.rf met.ora/council narket/mc review.asn?ID=2.6840Rrnuncildate=5/21/2019 �/�
Annexation AX-18-006 Exhibit
Addition of approximately 55.29 Acres to become part of Council District 7
69
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0 500 1,000 2,000 Feet
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Legend Planning&Development Department
11/27/2018
1:14,000
Annexation Area
Fort Worth City Purpose) COPYRIGHT 2018 CITY OF FORT WORTH UNAUTHORIZED REPRODUCTION IS A
tY Limit Full P Pose) 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
Adjacent Cities 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.
5/22/2019 M&C-Council Agenda
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5/21/2019 -Ordinance No. 23676-05-2019
CONTINUED FROM A PREVIOUS WEEK
DATE: Tuesday, March 19, 2019 REFERENCE NO.: L-16194
LOG NAME: 06AX-18-006, OWNER-INITITATED ANNEXATION, ORDINANCE
SUBJECT:
Adopt Ordinance for the Owner-Initiated Annexation of Approximately 55.29 Acres of Land in Denton County,
Located North of Alliance Airport, South of Highway 114 and West of the Texas Motor Speedway, in the Far
North Planning Sector, AX-18-006 (FUTURE COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance annexing approximately 55.29 acres
of land located north of Alliance Airport, south of Highway 114 and west of the Texas Motor Speedway.
DISCUSSION:
On September 17, 2018, representatives of the property owners TSL Company Holdings, Ltd., submitted
an application for full-purpose annexation. The 55.29 acres is situated in Denton County within the City of
Fort Worth extraterritorial jurisdiction, north of Alliance Airport, south of Highway 114 and west of the Texas
Motor Speedway, see map Exhibit A. The proposed annexation area is currently mostly vacant land with
one gas well. The property is proposed for industrial uses and the proposed zoning is "I" Light Industrial.
City Plan Commission voted on December 21, 2018 to approve the recommendation to the City Council
for the full-purpose annexation of case AX-18-006. This proposed owner-initiated annexation has one
companion case. The related zoning case (ZC-18-169) was heard by the Zoning Commission on
February 13, 2019 and the commission voted to recommend approval of"I" Light Industrial zoning by City
Council.
The proposed uses were considered while assessing the financial impact to the General Fund. The city
tax revenue is expected to have a positive fiscal impact over the next 10 years after the proposed
development is built. Based on the operating costs projected from the Police, Code Compliance and
Transportation and Public Works Departments, the fiscal impact shows a slightly negative annual effect to
the General Fund for the first year, but will have a positive impact thereafter. Therefore, due to the ability of
the area to meet the City's criteria for full-purpose annexation, Staff recommends approval of the
requested owner-initiated annexation, AX-18-006.
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).:
apps2.cfwnet.org/ecounciI/printrnc.asp?id=26841&print=true&DocTWe=preview&page=reHew&counciIdate=5/21/2019 1/2
VW2019 M&C-Council Agenda
TO
Fund Department ccount Project Program ctivi Budget Reference # Mount
ID ID Year (Chartfield 2)
FROM
Fund Department ccoun Project Program ctivity Budget Reference # Amount
ID ID Year (Chartfield 2)
CERTIFICATIONS:
Submitted for City Manager's Office by: Jay Chapa (5804)
Originating Department Head: Randle Harwood (6101)
Additional Information Contact: Leo Valencia (2497)
apps2.cMmet.org/ecouncil/pri ntmc.asp?id=26841&print=true&DocType=prWew&page=revAew&councildate=5✓21/2019 212