HomeMy WebLinkAboutOrdinance 23735-08-2019 8.6.2019
ORDINANCE NO. 23735-08-2019
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 74.773 ACRES
OF LAND, MORE OR LESS, AND APPROXIMATELY 35.589
ACRES OF LAND MORE OR LESS OF RIGHT-OF-WAY, OUT OF
THE A. KING SURVEY, ABSTRACT NO. 710, THE W. SAMPLE
SURVEY, ABSTRACT NO. 1207, THE L. BUTLER SURVEY,
ABSTRACT NO. 64, THE C. PERRY SURVEY, ABSTRACT NO.
1031, THE A. ROBERTSON SURVEY, ABSTRACT NO. 1553, THE
J. BEATON SURVEY, ABSTRACT NO. 1708 AND THE
GREENBERRY OVERTON SURVEY, ABSTRACT NUMBER 972,
IN DENTON COUNTY, TEXAS (CASE NO. AX-19-001) 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 NP-
OV Fort Worth Project 1 LLC the owner,requesting the full-purpose annexation of 74.773
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, NP-
OV Fort Worth Project 1, LLC and the City negotiated and entered into a written
agreement, City Secretary Contract No. 52717 for the provisions of municipal services in
the area; and
WHEREAS,the Property abuts 35.589 acres of state roads which will be annexed;
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; 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 74.773 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 A. King Survey, Abstract No. 710, the W. Sample
Survey, Abstract No. 1207, the L. Butler Survey, Abstract No. 64, and the A. Robertson
Survey, Abstract No. 1553, Denton County, Texas and being part of that certain tract of
land described by deed to M.T. Cole Family Partnership Number 2, LP, recorded in
Instrument Number 2009-102749,Deed Records,Denton County, Texas, said tract of land
being more particularly described by metes and bounds as follows:
COMMENCING at a point in the northerly right-of-way line of F.M. 156 (variable width
public right-of-way),recorded in Instrument Number 2007-110923, Deed Records,Denton
County, Texas, the southeast corner of Lot 4, Block 1, Dave Addition, an addition to the
City of Fort Worth, according to the plat recorded in Instrument Number 2018-152, Plat
Records, Denton County, Texas, in a non-tangent curve to the left having a central angle
of 15°36'59", a radius of 2,964.79 feet, a chord bearing and distance of South 84°36'55"
West- 805.57 feet and from which a found 1/2" iron rod with cap stamped "SPIARS ENG"
bears South 80°58'17" East, a distance of 0.90 feet;
With the north right-of-way line of said F.M. 156 the following courses and distances:
With said non-tangent curve to the left in a southwesterly direction, an arc length of
808.07 feet to a point for the most southerly southwest corner of said Lot 4, Block
1, Dave Addition, being in centerline of Elizabeth Creek and the POINT OF
BEGINNING of herein described tract of land and the beginning of a non-tangent curve
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to the left having a central angle of 05°26'3 5",a radius of 2,964.79 and a chord bearing
and distance of South 74°05'09" West- 281.54 feet;
With said non-tangent curve to the left in a southwesterly direction, an arc length of
281.65 feet to a point;
South 81°12'39" West, a distance of 106.20 feet to a point for the beginning of a non-
tangent curve to the left having a central angle of 26°37'57", a radius of 2,984.79 feet
and a chord bearing and distance of South 56°02'18" West- 1,374.95 feet;
With said non-tangent curve to the left in a southwesterly direction, an arc length of
1,387.40 feet to a point;
South 47°16'39" East, a distance of 20.00 feet to a point for the beginning of a non-
tangent curve to the left having a central angle of 01°11'35", a radius of 2,964.79 feet
and a chord bearing and distance of South 42°07'32" West - 61.73 feet;
With said non-tangent curve to the left in a southwesterly direction, an arc length of
61.73 feet to a point;
South 4191'45" West,a distance of 2,286.16 feet to a point for the beginning of a curve
to the left having central angle of 00°50'15", a radius of 4,683.66 feet and a chord
bearing and distance of South 41°06'37" West - 68.46 feet;
With said curve to the left in a southwesterly direction, an arc length of 68.46 feet to a
point in the northerly right-of-way line of said F.M. 156;
THENCE North 47051110" West, departing the northerly right-of-way line of said F.M.
156, crossing into said M.T. Cole Family Partnership No. 2, LP, a distance of 102.37 feet
to a point;
THENCE North 41000'36" West, a distance of 100.72 feet to a point;
THENCE North 47051'l0" West, a distance of 888.32 feet to a point;
THENCE North 41031'45" East, a distance of 1,171.00 feet to a point;
THENCE North 19004'13" East, a distance of 117.80 feet to a point;
THENCE North 41031'45" East, a distance of 75.59 feet to a point;
THENCE North 63059'17" East, a distance of 117.80 feet to a point;
THENCE North 41°3145" East, a distance of 888.30 feet to a point in the southerly line of
a certain tract of land described in deed to Forestar(USA)Real Estate Group, Inc,recorded
in Instrument Number 2018-27156, Deed Records, Denton County, Texas and the
approximate centerline of Elizabeth Creek;
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THENCE with the approximate centerline of said Elizabeth Creek and with the southerly
line of said to Forestar (USA) Real Estate Group, Inc. tract the following courses and
distances:
South 61°35'42" East, a distance of 77.25 feet to a point;
South 75°35'06" East, a distance of 572.39 feet to a point;
North 77°13'32" East, a distance of 487.75 feet to a point;
North 29'10'18" East, a distance of 163.71 feet to a point;
South 80°48'42" East, a distance of 175.36 feet to a point;
North 67'02'13" East, a distance of 406.53 feet to a point;
North 47°37'34" East, a distance of 257.66 feet to a point;
North 36°41'52" East, a distance of 119.87 feet to a point;
North 80°04'54" East, a distance of 80.79 feet to a point;
South 55°06'26" East, a distance of 248.69 feet to a point;
South 04°57'53" East, a distance of 134.41 feet to a point;
South 65°53'00" East, a distance of 67.91 feet to the POINT OF BEGINNING and
containing a calculated area of 3,257,120 square feet or 74.773 acres of land.
SECTION 2.
The above described territory is shown on Map Exhibit "A" attached hereto and
expressly incorporated herein by reference for the purpose of depicting the location of the
hereinabove described territory.
SECTION 3.
That all portions of the right-of-way, comprising approximately 35.589 acres of
land, are hereby annexed to the City of Fort Worth as a part of the city for all municipal
purposes,and the city limits are extended to include such right-of-way being all that certain
land particularly described below and depicted as on Exhibit "B" attached to and
incorporated in this ordinance for all purposes.
SECTION 4.
That the above described territory hereby annexed shall be part of the City of Fort Worth,
Texas, and the property so added hereby shall bear its pro rata part of the taxes levied by
the City of Fort Worth, Texas, and the inhabitants thereof shall be entitled to all of the
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rights and privileges of all the citizens in accordance with the Service Plan and shall be
bound by the acts, ordinances,resolutions and regulations of the City of Fort Worth,Texas.
SECTION 5.
That the Municipal Services Agreement attached hereto as Exhibit"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 F OWvl AND LEGALITY:
Melinda Ramos y J. Kayser
Senior Assistant City Attorney City Secretary
ADOPTED AND EFFECTIVE: August 6, 2019 O� FOR'r GAO
�XPS
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EXHIBIT A
MAP OF PROPERTY
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EXHIBIT B
LEGAL DESCRIPTION
F.M. 156 RIGHT-OF-WAY
BEING a tract of land situated in the W. Sample Survey, Abstract No. 1207, the L. Butler
Survey, Abstract No. 64, the A. Robertson Survey, Abstract No. 1553 and the Greenberry
Overton Survey, Abstract Number 972, Denton County, Texas and being all of that certain
tract of land described by right-of-way deed to the City of Forth Worth for F.M. 156 (a
variable width right-of-way),recorded in Instrument Number 2007-110923,Deed Records,
Denton County, Texas, said tract of land being more particularly described by metes and
bounds as follows:
BEGINNING at a point in the northerly right-of-way line of said F.M. 156, the southeast
corner of Lot 4, Block 1, Dave Addition, an addition to the City of Fort Worth, according
to the plat recorded in Instrument Number 2018-152,Plat Records, Denton County, Texas,
the west line of a certain tract of land described as Tract III in deed to Jeanne Shelton,
recorded in Instrument Number 1999-115848, Deed Records, Denton County, Texas and
from which a found 1/2" iron rod with cap stamped "SPIARS ENG" bears South 80°58'17"
East, a distance of 0.90 feet;
THENCE South 03°02'04" East, departing the northerly right-of-way line of said F.M.
156, a distance of 200.98 feet to a point in the southerly right-of-way line of said F.M. 156
and the beginning of a non-tangent curve to the left having a central angle of 21°27'49", a
radius of 2,764.79 feet and a chord bearing and distance of South 82°05'16" West -
1,029.67 feet;
THENCE with the southerly right-of-way line of said F.M. 156 the following courses and
distances:
THENCE with said non-tangent curve to the left in a southwesterly direction,an arc length
of 1,035.72 feet to a point;
THENCE South 58'38'18" West, a distance of 98.54 feet to a point for the beginning of a
non-tangent curve to the left having a central angle of 26°37'34", a radius of 2,744.79 feet
and a chord bearing and distance of South 56°02'07" West- 1,264.09 feet;
THENCE with said non-tangent curve to the left in a southwesterly direction,an arc length
of 1,275.54 feet to a point;
THENCE North 47016'39" West, a distance of 20.00 feet to a point for the beginning of a
non-tangent curve to the left having a central angle of 01°11'35", a radius of 2,764.79 feet
and a chord bearing and distance of South 42°07'31" West - 57.57 feet;
THENCE with said non-tangent curve to the left in a southwesterly direction,an arc length
of 57.57 feet to a point;
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THENCE South 4191'45" West, a distance of 2,286.16 feet to a point for the beginning
of a curve to the left having central angle of 32°45'43", a radius of 4,483.66 feet and a
chord bearing and distance of South 25°08'54" West- 2,528.99 feet;
THENCE with said curve to the left in a southwesterly direction, an arc length of 2,563.77
feet to a point for the northwest corner of a certain tract of land described in a deed to M.T.
Cole Family Trust Number 2,recorded in Instrument Number 2014-98371, Deed Records,
Denton County, Texas and the easterly right-of-way of said F.M. 156;
THENCE North 88°56'00" West, a distance of 201.74 feet to a point in the northwesterly
right-of-way line of said F.M. 156, the southeast corner of that certain tract of land
described by deed to The Burlington Northern and Santa Fe Railway Company, recorded
in Document Number 2005-3454, Deed Records, Denton County, Texas, being the
beginning of a non-tangent curve to the right having a central angle of 33°05'33", a radius
of 4,683.66 feet and a chord bearing and distance of North 24°58'58" East- 2,667.72 feet;
THENCE with the northwesterly right-of-way line of said F.M. 156 the following courses
and distances:
THENCE with said non-tangent curve to the right in a northeasterly direction, an arc
length of 2,705.16 feet to a point;
THENCE North 41°31'45" East, a distance of 2,286.16 feet to a point for the beginning of
a curve to the right having a central angle of 01°11'35", a radius of 2,964.79 feet and a
chord bearing and distance of North 42°07'32" East- 61.73 feet;
THENCE with said curve to the right in a northeasterly direction, an arc length of 61.73
feet to a point;
THENCE North 47°16'39" West, a distance of 20.00 feet to a point for the beginning of a
non-tangent curve to the right having a central angle of 26°37'57",a radius of 2,984.79 feet
and a chord bearing and distance of North 56'02'18" East- 1,374.95 feet;
THENCE with said non-tangent curve to the right in a northeasterly direction, an arc
length of 1,387.40 feet to a point;
THENCE North 81°12'39" East, a distance of 106.20 feet to a point for the beginning of
a non-tangent curve to the right having a central angle of 21°03'34", a radius of 2,964.79
feet and a chord bearing and distance of North 81°53'39" East- 1,083.60 feet;
THENCE with said non-tangent curve to the right in a northeasterly direction, an arc
length of 1,089.72 feet to the POINT OF BEGINNING and containing a calculated area
of 1,550,269 square feet or 35.589 acres of land.
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EXHIBIT B
MAP OF RIGHT-OF-WAY
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Annexation—AX-19-001 Ordinance No.23 73 5-08-2019
Page 10 of 11
MUNICIPAL SERVICES AGREEMENT
(to be inserted)
Annexation—AX-19-001 Ordinance No.23735-08-2019
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`4 CITY SECRETARY
CONTRACT NO —
' � e
���°�QPy MUNICIPAL SERVICES AGREEMENT
�� ���
BETWEEN THE CITY OF FORT WORTH,TEXAS
AND NP-OV FORT WORTH PROJECT 1, LLC
This Municipal Services Agreement ("Agreement") is entered into on the _ day of
August, 2019 by and between the City of Fort Worth,Texas, a home-rule municipality
of the State of Texas,("City")and NP-OV Fort Worth Project 1, LLC ("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 in the aggregate consist of approximately 74.773 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-19-001 ("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 _
Owner-Initiated Annexation Service Agreement OFRCYAL REC-0,R'a
CC (l V SECRETARY
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 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
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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 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 bylaw.
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
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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
une nforce ability 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 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
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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 terms of this Agreement constitute covenants running with the land
comprising the Property, are binding on the Owner and the City, and are 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 with
regard to the subject matter of this Agreement. 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.
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1784.010\75705.5
CITY OF FORT WORTH PROPERTY OWNER
NP-OV FORT WORTH PROJECT 1, LLC,
Daa Burgh off n �/ a Delaware limited liability company
�P
Assistant City Manage
By: NPD MANAGEMENT, LLC, a
Missouri limited liability company,
in its capacity as Manager
By:
Name: Natha gedorn
Title: Manag
Approved as to Form and Legality:
Senior Assistant City Attorney
Att St: � i '; {
2'm
Mary Kayser
City Secretary ti
Approvals;
M&C I ,- to
Ordinance No 23135-06-Dh
1 a95, 9O l S L4 vi 5 3L
CITY SEA,E r
Owner-Initiated Annexation Service Agreement
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1784.010\75705.5
State of Texas §
County of Tarrant §
rument was acknowledged before me on the.T day of st,2019, by
Assistant City Manager of the City of Fort Worth, a Texas municipal
corporation, on behalf of said corporation.
By: �/ ;mow �ti�aY,�uB•. ='
MARIA S.SANCHEZ
`= My Notary ID r 225,
Notary Public, State of Texas `�a. •p:
Expires December i9 2021
t
State of A §
County of
This instrument was acknowledged before me on the day of August, 2019, by
Nathaniel Hagedorn, Manager of NPD MANAGEMENT, LLC,a Missouri limited liability
company, in its capacity as Manager of NP-OV FORT WORTH PROJECT 1, LLC, a Delaware
limited liability company, on behalf of said Delaware limited liability company.
HEATHER R. PFENDER
Notary Public-Notary seal
By Clay County-state of Missouri
Commission Number 15633521
Notary Public, State of �VIO)LAt My Commission Expires Feb 24, 2(
23
After Recording Return to:
City Secretary
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
OFFICEAL RECORD
CITY SECRETARY
ET. WORTH, TX
Owner-Initiated Annexation Service Agreement
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1784.010\75705.5
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Exhibit A
Legal Description of the Property
BEING a tract of land situated in the A. King Survey,Abstract No. 710, the W. Sample Survey,
Abstract No. 1207, the L. Butler Survey,Abstract No. 64, and the A. Robertson Survey,
Abstract No. 1553, Denton County, Texas and being part of that certain tract of land
described by deed to M.T. Cole Family Partnership Number 2, LP, recorded in Instrument
Number 2009-102749, Deed Records, Denton County, Texas, said tract of land being more
particularly described by metes and bounds as follows:
COMMENCING at a point in the northerly right-of-way line of F.M. 156 (variable width public
right-of-way), recorded in Instrument Number 2007-110923, Deed Records, Denton County,
Texas, the southeast corner of Lot 4, Block 1, Dave Addition, an addition to the City of Fort
Worth, according to the plat recorded in Instrument Number 2018-152, Plat Records, Denton
County,Texas, in a non-tangent curve to the left having a central angle of 15°36'59", a radius
of 2;964.79 feet, a chord bearing and distance of South 84°36'55" West-805.57 feet and from
which a found 1/2" iron rod with cap stamped "SPIARS ENG" bears South 80°58'17" East, a
distance of 0.90 feet;
With the north right-of-way line of said F.M. 156 the following courses and distances:
With said non-tangent curve to the left in a southwesterly direction, an arc length of
808.07 feet to a point for the most southerly southwest corner of said Lot 4, Block 1,
Dave Addition, being in centerline of Elizabeth Creek and the POINT OF BEGINNING
of herein described tract of land and the beginning of a non-tangent curve to the left
having a central angle of 05°26'35",a radius of 2,964.79 and a chord bearing and
distance of South 74°05'09"West- 281.54 feet;
With said non-tangent curve to the left in a southwesterly direction, an arc length of
281.65 feet to a point;
South 81°12'39" West, a distance of 106.20 feet to a point for the beginning of a non-
tangent curve to the left having a central angle of 26°37'57", a radius of 2,984.79 feet and
a chord bearing and distance of South S6°02'18"West- 1,374.95 feet;
With said non-tangent curve to the left in a southwesterly direction, an arc length of
1,387.40 feet to a point;
South 47°16'39" East, a distance of 20.00 feet to a point for the beginning of a non-
tangent curve to the left having a central angle of 01°11'35", a radius of 2,964.79 feet and
a chord bearing and distance of South 42°07'32"West- 61.73 feet;
With said non-tangent curve to the left in a southwesterly direction, an arc length of
61.73 feet to a point;
South 41°31'45" West, a distance of 2,286.16 feet to a point for the beginning of a curve
to the left having central angle of 00°50'15", a radius of 4,683.66 feet and a chord
bearing and distance of South 41°06'37"West- 68.46 feet;
With said curve to the left in a southwesterly direction, an arc length of 68.46 feet to a
point in the northerly right-of-way line of said F.M. 156;
THENCE North 47°51'10" West, departing the northerly right-of-way line of said F.M. 156,
crossing into said M.T. Cole Family Partnership No. 2, LP, a distance of 102.37 feet to a point;
THENCE North 41°00'36" West,a distance of 100.72 feet to a point;
Owner-Initiated Annexation Service Agreement
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Exhibit A
Legal Description of the Property
THENCE North 47°51'10" West, a distance of 888.32 feet to a point;
THENCE North 41°31'45" East, a distance of 1,171.00 feet to a point;
THENCE North 19°04'13" East, a distance of 117.80 feet to a point;
THENCE North 41°31'45" East,a distance of 75.59 feet to a point;
THENCE North 63°59'17" East,a distance of 117.80 feet to a point;
THENCE North 41°31'45" East, a distance of 888.30 feet to a point in the southerly line of a
certain tract of land described in deed to Forestar (USA) Real Estate Group, Inc, recorded in
Instrument Number 2018-27156, Deed Records, Denton County, Texas and the approximate
centerline of Elizabeth Creek;
THENCE with the approximate centerline of said Elizabeth Creek and with the southerly line
of said to Forestar (USA) Real Estate Group, Inc. tract the following courses and distances:
South 61°35'42" East, a distance of 77.25 feet to a point;
South 75°35'06" East, a distance of 572.39 feet to a point;
North 77°13'32" East, a distance of 487.75 feet to a point;
North 29°10'18" East, a distance of 163.71 feet to a point;
South 80°48'42" East, a distance of 175.36 feet to a point;
North 67°02'13" East, a distance of 406.53 feet to a point;
North 47°37'34" East,a distance of 257.66 feet to a point;
North 36°41'S2" East,a distance of 119.87 feet to a point;
North 80°04'54" East, a distance of 80.79 feet to a point;
South 55°06'26" East, a distance of 248.69 feet to a point;
South 04°57'53" East, a distance of 134.41 feet to a point;
South 65°53'00" East, a distance of 67.91 feet to the POINT OF BEGINNING and
containing a calculated area of 3,257,120 square feet or 74.773 acres of land.
Owner-Initiated Annexation Service Agreement
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Annexation AX-19-001 Exhibit
Addition of approximately 150.615 Acres to become part of Council District 7
e
7
' i70
FORT WORTH.
0 500 1,000 2,000 Feet —
I
Legend Planning
$0310412 01 9 Department
1:14,000
Annexation Area
�] Fort worm City Limit Full Purpose) ///��� COPYRIGHT 2019 CITY OF FORT WORTH UNAUTHORIZED REPRODUCTION IS A
tY P ) (� VIOLATION OF APPLICABLE LAWS. THIS DATA IS TO BE USED FOR A GRAPHICAL
7 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.
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 08/06/19 M&C FILE NUMBER: M&C L-16203
LOG NAME: 0606MUNICIPAL SERVICES AGREEMENT,AX-19-001,OWNER-INITIATED
SUBJECT
Authorize Execution of Municipal Services Agreement for the Proposed Owner-Initiated Annexation of Approximately 115.026 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-19-001
(FUTURE COUNCIL DISTRICT 7)(Continued from a Previous Meeting)
RECOMMENDATION:
It is recommended that the City Council execute the attached Municipal Services Agreement between the City and property owner,NP-OV Fort
Worth Project 1,LLC,for the proposed owner-initiated annexation of approximately 115.026 acres of land located north of Intermodal Parkway and
south of Highway 114 off of FM 156.
DISCUSSION:
On January 9,2019, representatives of the property owner NP-OV Fort Worth Project 1, LLC,submitted an application for full-purpose
annexation. The 115.026 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 recommend full-purpose annexation of the NP-OV Fort Worth Project 1, LLC,Tract to City
Council. The companion zoning case(ZC-19-039)went to the Zoning Commission on March 6,2019. The commission recommended approval,
and the zoning case is scheduled for City Council action immediately following the annexation action on April 9,2019. Approximately 35.589
acres of right-of-way of abutting the property is also scheduled to be annexed on April 9,2019.
The proposed use was considered while assessing the financial impact to the General Fund. The City tax revenue is expected to have a positive
fiscal impact over the next 10 years after the proposed development is built. Based on operating costs projected from the 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 C-3 of Chapter43 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.
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.
Submitted for City Manager's Office b5L Jay Chapa 5804
Originating Business Unit Head: Randle Harwood 6101
Additional Information Contact: Leo Valencia 2497
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 08/06/19 M&C FILE NUMBER: M&C L-16204
LOG NAME: 06AX-19-001,OWNER-INITITATED ANNEXATION,ORDINANCE SUBJ
SUBJECT
Adopt Ordinance for the Owner-Initiated Annexation of Approximately 115.026 Acres of Land and 35.589 Acres of Right-of--Way in Denton County,
Located North of Intermodal Parkway and South of Highway 114 off of FM 156,in the Far North Planning Sector,AX-19-001 (FUTURE COUNCIL
DISTRICT 7)(Continued from a Previous Week)
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance annexing approximately 115.026 acres of land and 35.589 acres of right-of-
way located north of Intermodal Parkway and south of Highway 114 off of FM 156.
DISCUSSION:
On January 9,2019,representatives of the property owners NP-OV Fort Worth Project 1,LLC,submitted an application for full-purpose
annexation. The 150.62 acres,consisting of 115.026 acres of owner-initiated land and 35.589 acres of right-of-way,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 AX-19-
001. This proposed owner-initiated annexation has one companion case. The related zoning case(ZC-19-039)was heard by the Zoning
Commission on March 6,2019 and voted to recommend approval of"K"Heavy Industrial zoning by City Council. The proposed voluntary
annexation abuts 35.589 acres of right-of-way which is being proposed to be annexed.
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-19-001.
A Form 1295 is not required for this contract because: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.
Submitted for City Manager's Office by: Jay Chapa 5804
Originating Business Unit Head: Randle Harwood 6101
Additional Information Contact: Leo Valencia 2497