HomeMy WebLinkAboutOrdinance 23810-09-2019 ORDINANCE NO. 23810-09-2019
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 460.186 ACRES
OF LAND, MORE OR LESS, OUT OF THE L. BUTLER SURVEY,
ABSTRACT NUMBER 64, THE G. OVERTON SURVEY,
ABSTRACT NUMBER 972, THE W. SAMPLE SURVEY,
ABSTRACT NUMBER 1207, THE W. ZECKULAR SURVEY,
ABSTRACT NUMBER 1454 AND THE A.W. ROBERTSON
SURVEY, ABSTRACT NUMBER 1553, IN DENTON COUNTY,
TEXAS (CASE NO. AX-19-009) 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 AIL
Investment, L.P. /AIL West, LLC., the owners, requesting the full-purpose annexation of
460.186 acres of land as described in Section 1, below(the "Property"); and
WHEREAS, the hereinafter described Property is in the City's exclusive
extraterritorial jurisdiction and is adjacent to and adjoins the City; and
WHEREAS, the City is a Tier 2 municipality for purposes of annexation under
Chapter 43 of the Texas Local Government Code ("LGC"); and
WHEREAS, Subchapter C-3 of the LGC permits the City to annex an area if each
owner of land in an area requests the annexation; and
WHEREAS, in accordance with Subchapter C-3 of Chapter 43 of the Texas Local
Government Code, the City section 43.0672 of the Texas Local Government Code,
Roanoke Ranch & Investment, L.P. and the City negotiated and entered into a written
agreement, City Secretary Contract No. 52819, for the provisions of municipal services in
the area; and
WHEREAS,the City conducted one public hearing 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 September
10, 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 460.186 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 L. BUTLER SURVEY, ABSTRACT
NUMBER 64, THE G. OVERTON SURVEY, ABSTRACT NUMBER 972, THE W.
SAMPLE SURVEY, ABSTRACT NUMBER 1207, THE W. ZECKULAR SURVEY,
ABSTRACT NUMBER 1454 AND THE A.W. ROBERTSON SURVEY, ABSTRACT
NUMBER 1553, DENTON COUNTY, TEXAS AND BEING A PORTION OF THAT
TRACT OF LAND DESCRIBED IN DEED TO AIL INVESTMENT, LP RECORDED
IN INSTRUMENT NUMBER 2019-15666, REAL PROPERTY RECORDS, DENTON
COUNTY, TEXAS, BEING A PORTION OF THAT TRACT OF LAND DESCRIBED
IN DEED TO AIL WEST,LLC RECORDED IN INSTRUMENT NUMBER 2019-15667,
SAID REAL PROPERTY RECORDS AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS;
BEGINNING IN THE WEST LINE OF SAID AIL TRACTS AND BEING IN THE
EAST RIGHT-OF-WAY LINE OF F. M. 156, (A VARIABLE WIDTH RIGHT-OF-
WAY), THE BEGINNING OF A CURVE TO THE RIGHT;
THENCE WITH THE EAST RIGHT-OF-WAY OF SAID F. M. 156 THE FOLLOWING
COURSES AND DISTANCES;
WITH SAID CURVE TO THE RIGHT, AN ARC DISTANCE OF 2563.58 FEET,
THROUGH A CENTRAL ANGLE OF 32045'34", HAVING A RADIUS OF 4483.66
FEET, THE LONG CHORD WHICH BEARS N 25008'59"E, 2528.80 FEET;
N 41031'45"E, 2286.16 FEET, TO THE BEGINNING OF A CURVE TO THE
RIGHT;
WITH SAID CURVE TO THE RIGHT, AN ARC DISTANCE OF 57.54 FEET,
THROUGH A CENTRAL ANGLE OF 01011'33", HAVING A RADIUS OF 2764.79
FEET, THE LONG CHORD WHICH BEARS N 42010'18"E, 57.54 FEET;
Annexation—AX-19-009 Ordinance No.23810-09-2019
Page 2 of 8
S 47021'19"E, 19.95 FEET, TO THE BEGINNING OF A NON-TANGENT CURVE
TO THE RIGHT;
WITH SAID NON-TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF
1275.53 FEET, THROUGH A CENTRAL ANGLE OF 26°37'33", HAVING A
RADIUS OF 2744.79 FEET, THE LONG CHORD WHICH BEARS
N 56002'08"E, 1264.08 FEET;
N 58038'18"E, 98.51 FEET TO THE BEGINNING OF A NON-TANGENT CURVE
TO THE RIGHT;
WITH SAID NON-TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF
1035.84 FEET, THROUGH A CENTRAL ANGLE OF 21027'58", HAVING A
RADIUS OF 2764.79 FEET, THE LONG CHORD WHICH BEARS
N 82005'16"E, 1029.79 FEET TO THE NORTHEAST CORNER OF SAID AIL
TRACTS, BEING THE NORTHWEST CORNER OF THAT TRACT OF LAND
DESCRIBED BY DEED TO JEANNE SHELTON RECORDED IN INSTRUMENT
NUMBER 1999-115848, SAID REAL PROPERTY RECORDS;
THENCE S 00038'40"E, 189.80 FEET, DEPARTING SAID EAST RIGHT-OF-WAY
LINE, WITH THE EAST LINE OF SAID AIL TRACTS AND THE WEST LINE OF
SAID JEANNE SHELTON TRACT TO THE MOST NORTHERLY NORTHEAST
CORNER OF THAT TRACT OF LAND DESCRIBED BY DEED TO THE CITY OF
FORT WORTH, RECORDED IN INSTRUMENT NUMBER 2003-181167, REAL
PROPERTY RECORDS, DENTON COUNTY, TEXAS;
THENCE S 79054'33"W, 855.69 FEET, WITH THE EAST LINE OF SAID AIL
TRACTS AND THE NORTH LINE OF SAID CITY OF FORT WORTH TRACT;
THENCE S 11048'34"E, 1973.67 FEET, WITH SAID EAST LINE AND THE WEST
LINE OF SAID CITY OF FORT WORTH TRACT;
THENCE S 18024'07"E, 1278.97 FEET, CONTINUING WITH SAID COMMON LINE
TO THE NORTH LINE OF THAT TRACT OF LAND DESCRIBED BY DEED TO THE
CITY OF FORT WORTH, RECORDED IN INSTRUMENT NUMBER 2005-73598,
REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS;
THENCE S 89042'55"W, 655.44 FEET, CONTINUING WITH SAID EAST LINE AND
WITH SAID NORTH LINE TO THE NORTHWEST CORNER OF SAID CITY OF
FORT WORTH TRACT;
THENCE S 00045'46"E, 3451.87 FEET, WITH SAID EAST LINE, TO THE
SOUTHEAST CORNER OF SAID AIL TRACTS,BEING THE NORTH LINE OF THAT
REMAINDER OF THAT TRACT OF LAND DESCRIBED BY DEED TO AIL
Annexation—AX-19-009 Ordinance No.23 8 1 0-09-20 1 9
Page 3 of 8
INVESTMENT, RECORDED IN VOLUME 4246, PAGE 498, REAL PROPERTY
RECORDS, DENTON COUNTY, TEXAS;
THENCE N 87053'57"W, 2751.33 FEET, WITH THE SOUTH LINE OF SAID AIL
TRACTS AND SAID NORTH LINE, TO THE SOUTHEAST CORNER OF THAT
TRACT OF LAND DESCRIBED BY DEED TO AIL INVESTMENT, RECORDED IN
INSTRUMENT NUMBER 2014-98370, REAL PROPERTY RECORDS, DENTON
COUNTY, TEXAS;
THENCE N 00032'37"W, 26.74 FEET, CONTINUING WITH SAID SOUTH LINE
AND WITH THE EAST LINE OF SAID AIL INVESTMENT TRACT;
THENCE N 34012'59"E, 939.29 FEET, CONTINUING WITH SAID COMMON LINE;
THENCE N 00032'37"W, 167.80 FEET, CONTINUING WITH SAID COMMON LINE
TO THE NORTHEAST CORNER OF SAID AIL INVESTMENT TRACT;
THENCE S 89027'28"W, 843.17 FEET, TO THE NORTHWEST CORNER OF SAID
AIL INVESTMENT TRACT;
THENCE DEPARTING SAID SOUTH LINE OVER AND ACROSS SAID AIL
TRACTS THE FOLLOWING BEARINGS AND DISTANCES:
N 00059'29"E, 109.87 FEET;
N 89042'54"W, 802.96 FEET;
N 00018'30"E, 827.19 FEET;
THENCE N 88049'57"W, 291.31 FEET, TO THE POINT OF BEGINNING AND
CONTAINING 20,045,698 SQUARE FEET OR 460.186 ACRES OF LAND MORE OR
LESS.
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
Annexation—AX-19-009 Ordinance No.23810-09-2019
Page 4 of 8
the City of Fort Worth, Texas, and the inhabitants thereof shall be entitled to all of the
rights and privileges of all the citizens in accordance with the Service Plan and shall be
bound by the acts,ordinances,resolutions and regulations of the City of Fort Worth,Texas.
SECTION 4.
That the Municipal Services Agreements 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-19-009 Ordinance No.23810-09-2019
Page 5 of 8
SECTION 8.
EFFECTIVE DATE
This ordinance shall be in full force and effect upon adoption.
APPROVED AS TO FORM Al`?D LEGALITY:
jal"
Melinda Ramos a J. Kay
Senior Assistant City Attorney City Secretary
FORT WO
ADOPTED AND EFFECTIVE: September 10, 2019
v�
Annexation—AX-19-009 Ordinance No.23810-09-2019
Page 6 of 8
EXHIBIT A
MAP OF PROPERTY
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'4Tleprofparta of this document"
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L.A. ®utlw Surrey
Abet. No. 64
lait�.l�pG1'
AIL Investment, LP
INST.• 2019-15666
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R.P.R.D.C.T.
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r o YY+ Abet. No. 9d54
.8 I A.W. Robarteon Survey o�
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/ 460,186 Acres
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i INST., 2019-15667
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At.nrsatment:LP,' Abet. No. 672 F u
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t a "This document was prepored under 22 TAC 663.21, Vd•apPQ� •�•t Q 4940 •P'•»•
N don not reflect the results of on on the ground 'y•
surrey,and is not to be used to convey or establish e\ �4A, 8£t0�a
interests in red property except those rights and (4 4Q-
0 interests implied or established by the creation or '��SURVti.1
u, recontiq.r.lion of the boundary of the political
subdivision for whim it was prepared." AN EXHIBIT FOR
ANNEXATIONSITUATED IN THE GREENBERRY OVERTON SURVEY,
{ �I P E LOTO N CABS ABSTRACT NSTRACT NUMBER
B R 16,AND THE W THE W, CSAMPLE SURRV�,ABSTRACTSTRACT NUMBER 1207,DENTON BER 1454,THE L.A.BUTLER
COUNTY.STRACT NUMBER 972,THE A.W. SURV SURYE EY.
" LAND SOLUTIONS ACF#7428
9e00 HLLLWODO PARKWAY,6UITE 250 JOB p HWA19011 DRAWN BY: D.FTOem n CHECKED BY:T.Bridges DATE: 03.1 y19 PAGE i 3 of 9
FORT WdiTM IE%A.76177 PH ee17-66A335a
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Annexation—AX-19-009 Ordinance No.23810-09-2019
Page 7 of 8
EXHIBIT B
MUNICIPAL SERVICES AGREEMENT
(to be inserted)
Annexation—AX-19-009 Ordinance No.23810-09-2019
Page 8 of 8
CITY SECRETARY
CONTRACT NO.
MUNICIPAL SERVICES AGREEMENT
BETWEEN THE CITY OF FORT WORTH,TEXAS AND
AIL INVESTMENT,L.P./AIL WEST,LLC.
This Municipal Services Agreement ("Agreement") is entered into on 6& day of
by and between the City of Fort Worth, Texas, a home-rule
muv&cipality of the State of Texas,("City") and AIL Investment L.P. / AIL West 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 Countv,
Texas, which consists of approximately 460.186 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-19-009 ("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 Agree7RECORD
livery of full,
oFCIowns-Initiated Anncxation Service Agrunment � 1 of 7
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 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 Buildin&s—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 stor mwater 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
Owner-Initiaied Annexation Service Agreement 2 of 7
using water-well and on-site sewer facilities on the Effective Date may continue
to use the same. If a property owner desires to connect an existing structure to
the City water and sewer system, then the owner may request a connection and
receive up to 200 linear feet of water and sewer extension at the City's cost for
each occupied lot or tract in accordance with the City's "Policy for the
Installation of Community Facilities" and applicable law. Once connected to
the City's water and sanitary sewer mains, the water and sanitary sewage
service will be provided by the City at rates established by City ordinances for
such service.
x. Solid Waste Services—The City will provide solid waste collection services in
accordance with existing City ordinances and policies,except where prohibited
by law.
xi. Code Compliance — The City's Code Department will provide education,
enforcement,and abatement relating to code violations within the Property.
xii. Full Municipal Services — Commencing on the Effective Date, the City will
provide to the Property all services provided by the City within its 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.
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
Owner-InitimM Annexation Service Agreement 3 of 7
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
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. 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 7
CITY OF FORT WORTH PROPERTY OWNER
AIL INVESTMENT,L.P.
r a Texas limited partnership
By:
By: AIL GP, LLC,
#-ZmAssistant City agcr a Texas limited liability company,
its general partner
al"By:
7' Name: UQ6 '
Title:
AND
Approved as to Form and Legality: AIL West,LLC,
a Texas limited 'ability company
}-'By:
Name:
Senior Assistant City Attorney Title: Ty K
Attest:
4
��............., z C.
a
Miry Kayser V1U '
City Secretary '•. ;
E ttr t
Approvals: r: ,•
M&C 3�5
Ordinance No.
STATE OF TEXAS §
COUNTY OF TARRANT §
T ' m t was acknowledged before me on the�day of 2019,
by�a ��Assistant City Manager of the City of port Worth, a Te municipal
corporation, on behalf of said corporation.
By.
N:
r MARIA S.SANCHEZ
';; MY Notary ID#2256490
Notary Public, State of Texas -F'aF iF:" Expires o
ecemher 19,202f
OFFICIgL RECORD
CITY SECRETARY
Owner-Initiated Annexation service Agreement FT. ORTH TX 5 of 7
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on 3.1,1V 2019, by L. Russell
Laughlin,Executive Vice President of AIL GP,LLC,a Texas lima ed liability company,on behalf
of said limited liability company, in its capacity as general partner of AIL Investment, L.P., a
Texas limited partnership, on behalf of said limited partnership.
LORI LYNN BOWLING
Notary Public.State of Texas `
Comm.Expires 10-17.2019
,A;,;:��`� Notary ID 124717681
Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowled ed before me on the day of , 2019,
by of AIL West,LLC, Texas limited
liability company, on behalf of said comp tiny.
JESSICA K.WALLACE K t�)Uuv
:,-
: : .,g,�Notary Public,State of Texas
Nam' r Comm.Expires 05-13-2022 No ry Public, State of Texas
till' Notary Notary ID 128288587
After Recording Return to:
City Secretary
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
Owner-Initiated Annexation Service Agreement 6 of 7
EXHIBIT A
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survey
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o GRAPHIC SCALE IN FEET
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Abet. No. 64
All- Investment,LP 1 Irma``
INST.• 2019-15666 '
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E I � W. ZOtItt111Bf •Yf10y
ANt. No. 1464
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A p pi
A.W. nobertom servo l !
p r l �I! � Abet. No. 1463 5
/
460.186 Acres
AIL West,LLC
j INST! 2019-1566 7 '
R.P.R.D.C.T. 1
1
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ANNEXATION
SITUATED a THE TON �lull PELOTON ST1UMB1553. , IN WULARS ABSRATAGER 1454.1207.tIlEL..A.BUTLESRAC NUMBERA1 IE EENBERRY w SAMPLEABSTRACT NUMBER t
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Exhibit A.Owner-Initiatcd Annexation Service Apv—mt
Page 1 of 3
EXHIBIT A
DESCRIPTION OF AN
460.186 ACRE ANNEXATION
BEING a tract of land situated in the L. Butler Survey,Abstract Number 64,the G.Overton
Survey, Abstract Number 972.the W.Sample Survey,Abstract Number1207,the W.Zeckular
Survey,Abstract Number 1454 and the A.W. Robertson Survey,Abstract Number 1553,Denton
County,Texas and being a portion of that tract of land described in deed to AIL Investment,LP
recorded in Instrument Number 2019-15666,Real Property Records,Denton County,Texas,
being a portion of that tract of land described in deed to AIL West,LLC recorded in Instrument
Number 2019-15667, said Real Property Records and being more particularly described by
metes and bounds as follows;
BEGINNING in the west line of said AIL tracts and being in the east right-of-way fine of F.M.
156,(a variable width right-of-way),the beginning of a curve to the right;
THENCE with the east right-of-way of said F.M. 156 the following courses and distances;
With said curve to the right,an arc distance of 2563.58 feet,through a central angle of
32°45'34",having a radius of 4483.66 feet,the long chord which bears N 25°08'59"E,
2528.80 feet;
N 41031'45"E,2286.16 feet,to the beginning of a curve to the right;
With said curve to the right,an arc distance of 57.54 feet,through a central angle of
01'1113",having a radius of 2764.79 feet,the long chord which bears N 42°10'18''E,
57.54 feet;
S 47021'l9"E, 19.95 feet,to the beginning of a non-tangent curve to the right;
With said non-tangent curve to the right,an arc distance of 1275.53 feet,through a
central angle of 26°37'33",having a radius of 2744.79 feet,the long chord which bears
N 56002'08"E, 1264.08 feet;
N 58038'l8"E,98.51 feet to the beginning of a non-tangent curve to the right;
With said non-tangent curve to the right,an are distance of 1035.84 feet,through a
central angle of 21°27'58",having a radius of 2764.79 feet,the long chord which bears
N 82005'16"E. 1029.79 feet to the northeast comer of said AIL tracts,being the
northwest corner of that tract of land described by deed to Jeanne Shelton recorded in
Instrument Number 1999-115848,said Real Property Records;
THENCE S 00038'40"E, 189.80 feet,departing said east right-of-way line,with the east line of
said AIL tracts and the west line of said Jeanne Shelton tract to the most northerly northeast
comer of that tract of land described by deed to the City of Fort Worth,recorded in Instrument
Number 2003-181167, Real Property Records,Denton County,Texas;
THENCE S 79°54'33"W, 855.69 feet,with the east line of said AIL tracts and the north line of
said City of Fort Worth tract;
Petolon Job No.HWAIS022 Tracking No.ACRI 7426
Cole March 18,2019
G:\JOB\HWA19011_COLE_470 ENT\MASTER DEV\_SURVEY\EXHIBITS\LEGALS\HWA1S022 AXI.DOCX Page I of 3
Page 2 of 3
Exhibit A,Owner-Initiated Annexation Service Agreement
EXHIBIT A
THENCE S 1 I 048'34"E, 1973.67 feet,with said east line and the west line of said City of Fort
Worth tract;
THENCE S 18024'07"E, 1278.97 feet,continuing with said common line to the north line of
that tract of land described by deed to the City of Fort Worth,recorded in Instrument Number
2005-73598,Real Property Records,Denton County,Texas;
THENCE S 89942'55"W,655.44 feet,continuing with said east line and with said north line to
the northwest comer of said City of Fort Worth tract;
THENCE S 00045'46"E,3451.87 feet,with said east line,to the southeast comer of said ALL
tracts,being the north line of that remainder of that tract of land described by deed to ALL
Investment,recorded in Volume 4246, Page 498, Real Property Records, Denton County,Texas;
THENCE N 87°53'5T'W,2751.33 feet,with the south line of said AIL tracts and said north
line,to the southeast comer of that tract of land described by deed to ALL Investment,recorded
in Instrument Number 2014-98370,Real Property Records,Denton County,Texas;
THENCE N 00032'37"W,26.74 feet,continuing with said south line and with the east line of
said ALL Investment tract;
THENCE N 34012'59"E,939.29 feet,continuing with said common line;
THENCE N 00°32'37"W, 167.80 feet,continuing with said common line to the northeast comer
of said ALL Investment tract;
THENCE S 89027'28"W,843.17 feet,to the northwest corner of said ALL Investment tract;
THENCE departing said south line over and across said AIL tracts the following bearings and
distances:
N 00059'29"E, 109.87 feet;
N 89042'54"W,802.96 feet;
N 00018'30"E,827.19 feet;
THENCE N 88049'57"W,291.31 feet,to the Point of Beginning and containing 20,045,698
square feet or 460.186 acres of land more or less.
*ti
"Integral Peru of this document' I'� «�
1.Description-2 Pages r*
2.Exhibit
7Cj�fl q-'.......... L
"This document was prepared under 22 TAC 663.21,does not reflect p...4$"BRrD{, g
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 rutty
of the political subdivision for which it was prepared."
Peloton Job No.HWAIS022 Tracking No.ACFN 7426
Cole March 18,2019
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Exhibit A.Owner-Initiated Annexation Service Agreemcnt
Page 3 of 3
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
RTWORCITY COUNCIL AGENDA Fo� ��
REFERENCE 06AX-19-009 AIL
DATE: 9/10/2019 NO.: M&C 19-0133 LOG NAME: PROPERTIES—SH 156
OWNER INITITATED
CODE: L TYPE: NOW PUBLIC YES
CONSENT HEARING:
SUBJECT: Conduct Public Hearing, Authorize Execution of Municipal Services Agreement
and Adopt Ordinance for the Proposed Owner-initiated Annexation of Approximately
460.186 Acres of Land in Denton County, Known as AIL Properties—SH 156, Located
North of Intermodal Parkway and South of Highway 114 off of SH 156, in the Far North
Planning Sector,AX-19-009 (FUTURE COUNCIL DISTRICT 7) (PUBLIC HEARING-a.
Report of City Staff: Mary Elliott; b. Citizen Presentations; c. Council Action: Close Public
Hearing and Approve the M&C)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct public hearing for the proposed owner-initiated annexation of approximately
460.186 acres of land in Denton County located north of Intermodal Parkway and south of
Highway 114, off of SH 156 as shown on Exhibit A;
2. Authorize Execution of Municipal Services Agreement between the City and property
owners, AIL Investments, L.P. / AIL West, LLC; and
3. Adopt ordinance annexing AX-19-009 for full purposes.
DISCUSSION:
On June 17, 2019, representatives for the property owners AIL Investments, L.P./AIL West, LLC,
submitted an application for full-purpose annexation of the property shown on Exhibit A into the City of
Fort Worth. The subject property is located entirely in that portion of the City's extraterritorial
jurisdiction which is in Denton County. The site is located north of Intermodal Parkway and south of
Highway 114 off of SH 156. This owner-initiated annexation, which contains approximately 460.186
acres, has recently become an enclave with the annexation of SH 156. The proposed annexation is
consistent with the urban development annexation criteria as established by the City's Annexation
Policy. The subject area is currently vacant land. The property is proposed for industrial type
development and the proposed zoning is"K"Heavy Industrial. The proposed use is consistent with
the future land use map of the 2019 Comprehensive Plan.
On July 24th, City Plan Commission voted to recommend approval of the annexation request to City
Council. On August 14th, the related zoning case(ZC-19-107)was heard by the Zoning Commission,
and the commission voted to recommend approval of"K"Heavy Industrial zoning to City Council.
Subchapter C-3 of Chapter 43 of the Texas Local Government Code(LGC) provides for the process of
annexation of an area upon a request of an owner of land. Section 43.0672 of the LGC 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
http://apps.cfwnet.org/council_packet/mc—review.asp?ID=27281&councildate=9/10/2019 9/12/2019
M&C Review Page 2 of 2
that Is not provided on the effective date of the annexation.
The municipal services agreement includes these provisions In accordance with state law.
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 has been 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 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 as well as
the proposed annexation being an enclave Staff recommends approval of the requested owner-
initiated annexation, AX-19-009.
The City Council will conduct a public hearing on the proposed annexation. The public hearing is an
opportunity for persons interested in the annexation to be heard. Once the City Council has
conducted the required public hearing, Council may close the hearing and vote on authorizing the City
Manager to execute the Municipal Services Agreement between the City and property owners,AIL
Investments, L.P./AIL West, LLC and adopt an ordinance annexing AX-19-009 for full purposes.
Upon approval of the annexation request,the property 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.
T
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartneld 2
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID I I Year Chartfield 2
Subm ed for City Manager's Office by: Dana Burghdolf(8018)
Originating Department Head: Randle Harwood (6101)
Additional Information Conta_pt: Leo Valencia(2497)
ATTACHMENTS
2-Exhibit A- Map AX-19-009.pdf
MSA for AX-19-009.Ddf
Ordinance (AX-19-009).docx
http://apps.cfwnet.org/council_packet/mc—review.asp?ID=27281&councildate--9/10/2019 9/12/2019
Annexation AX-19-009 Exhibit A
Addition of approximately 460.19 Acres to become part of Council District 7
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Planning&Development Department
DESIGNATION 1:14,400 8/13/2019
Full Purpose Adjacent Cities
® Limited Purpose Count Boundaries COPYRIGHT 2019 CITY OF FORT WORTH UNAUTHORIZED REPRODUCTION IS A
rp Y IO VLATION OF APPLICABLE LAWS. THIS DATA IS TO BE USED FOR A GRAPHICAL
REPRESENTATION ONLY.THE ACCURACY IS NOT TO BE TAKEN/USED AS DATA
Extraterritorial Jurisdiction Q Annexation Area 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: 09/10/19 M&C FILE NUMBER: M&C 19-0133
LOG NAME: 06AX-19-009 AIL PROPERTIES—SH 156 OWNER INITITATED
SUBJECT
Conduct Public Hearing,Authorize Execution of Municipal Services Agreement and Adopt Ordinance for the Proposed Owner-Initiated Annexation
of Approximately 460.186 Acres of Land in Denton County, Known as AIL Properties—SH 156,Located North of Intermodal Parkway and South of
Highway 114 off of SH 156,in the Far North Planning Sector,AX-19-009(FUTURE COUNCIL DISTRICT 7)(PUBLIC HEARING-a. Report of
City Staff: Mary Elliott; b.Citizen Presentations;c.Council Action:Close Public Hearing and Approve the M&C)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct public hearing for the proposed owner-initiated annexation of approximately 460.186 acres of land in Denton County located north
of Intermodal Parkway and south of Highway 114,off of SH 156 as shown on Exhibit A;
2. Authorize Execution of Municipal Services Agreement between the City and property owners,AIL Investments, L.P./AIL West, LLC;and
3. Adopt ordinance annexing AX-19-009 for full purposes.
DISCUSSION:
On June 17,2019,representatives for the property owners AIL Investments,L.P./AIL West, LLC,submitted an application for full-purpose
annexation of the property shown on Exhibit A into the City of Fort Worth. The subject property is located entirely in that portion of the City's
extraterritorial jurisdiction which is in Denton County. The site is located north of Intermodal Parkway and south of Highway 114 off of SH 156. This
owner-initiated annexation,which contains approximately 460.186 acres, has recently become an enclave with the annexation of SH 156. The
proposed annexation is consistent with the urban development annexation criteria as established by the City's Annexation Policy. The subject area
is currently vacant land. The property is proposed for industrial type development and the proposed zoning is"K"Heavy Industrial. The proposed
use is consistent with the future land use map of the 2019 Comprehensive Plan.
On July 24th,City Plan Commission voted to recommend approval of the annexation request to City Council. On August 14th,the related zoning
case(ZC-19-107)was heard by the Zoning Commission,and the commission voted to recommend approval of"K"Heavy Industrial zoning to City
Council.
Subchapter C-3 of Chapter 43 of the Texas Local Government Code(LGC)provides for the process of annexation of an area upon a request of an
owner of land. Section 43.0672 of the LGC 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.
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 has been 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 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 as
well as the proposed annexation being an enclave Staff recommends approval of the requested owner-initiated annexation,AX-19-009.
The City Council will conduct a public hearing on the proposed annexation. The public hearing is an opportunity for persons interested in the
annexation to be heard. Once the City Council has conducted the required public hearing,Council may close the hearing and vote on
authorizing the City Manager to execute the Municipal Services Agreement between the City and property owners,AIL Investments,L.P./AIL West,
LLC and adopt an ordinance annexing AX-19-009 for full purposes.
Upon approval of the annexation request,the property 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 by: Dana Burghdolf 8018
Originating Business Unit Head: Randle Harwood 6101
Additional Information Contact: Leo Valencia 2497