HomeMy WebLinkAboutOrdinance 17735-08-2007ORDINANCE NO. 17735-08-2007
AN ORDINANCE DECLARING CERTAIN FINDINGS; PROVIDING
FOR LMTED PURPOSE t~d~1NEXATION OF A CERTAIN 108.19
ACRES (.169 SQUARE MILES) OF LAND, MORE OR LESS, OUT OF
THE G. CARDINAS SURVEY, ABSTRACT 214, DENTON COUNTY,
TEXAS, PURSUANT TO SECTION 43.0751, LOCAL GOVERNMENT
CODE, FOR THB SOLE PURPOSE OF IMPOSING A SALES AND
USE TAX; PROVIDING THAT THIS ORDINANCE SHALL AMEND
EVERY PRIOR ORDINANCE IN CONFLICT HEREWITH;
PROVIDING THAT THIS ORDINANCE SHALL BE CLllv1ULATIVE
OF ALL PRIOR ORDINANCES NOT IN DIRECT CONFLICT;
PROVIDING FOR SEVERABILITY; AND NAMING AN EFFECTIVE
DATE.
WHEREAS, Aperion Communities, LLLP, Eladio Properties, LLLP, and Drooy
Properties, LLLP, all Arizona limited liability limited partnerships (collectively,
"Owner"), are the owners of that certain 431.303-acre tract in Denton County, Texas (the
"Development") located within the extraterritorial jurisdiction of the City of Fort Worth
(the "C~");
WHEREAS, the Development is included within City of Fort Worth Municipal
Utility District No. 1 of Denton County (the "District");
WHEREAS, the Development Agreement for the Development entered into by
the City and Owner (City Secretary Contract No. 32897) designated portions of the
Development for commercial development, consisting of that certain 30.414-acre tract
(Tract 3) and that certain 18.269-acre tract (Tract S) for mixed residential and commercial
development and that certain 12.245-acre tract (Tract 1) and that certain 47.262-acre tract
(Tract 14) for commercial development;
WHEREAS, the remainder of the Development is designated for residential or
recreational use pursuant to the Development Agreement;
WHEREAS, the City and the District entered into that certain Strategic
Partnership Agreement (City Secretary Contract No. 35626) (the "Agreement"), pursuant
to Section 43.0751, Local Government Code, providing for the limited purpose
annexation of Tracts 1, 3, S and 14 for the sole purpose of imposition by the City of a
sales and use tax;
WHEREAS, the District provided notice of two public hearings concerning the
adoption of the Agreement in accordance with the procedural requirements of Section
43.0751 of the Local Government Code;
WHEREAS, such notices also provided notice .of the proposed limited purpose
annexation of Tracts 1, 3, S and 14;
WHEREAS, the District conducted two public hearings regarding the Agreement
and the proposed limited purpose annexation of Tracts 1, 3, S and 14, at which members
of the public who wished to present testimony or evidence regarding the Agreement and
the proposed limited purpose annexation were given the opportunity to do so, in
accordance with the procedural requirements of Section 43.0751 of the Local Government
Code on May 16, 2007 at 12:30 p .m. and on July 11, 2007, at 3:00 p.m. at 5420 LBJ
Freeway ,Suite 1300 Dallas, Texas 75240;
WHEREAS, the District approved the Agreement on July 11, 2007 in open
session at a meeting held in accordance with Chapter SS 1 of the Government Code;
WT-IEREAS, the City provided notice of two public hearings concerning the
adoption of the Agreement in accordance with the procedural requirements of Section
43.0751 of the Local Government Code,
W EIEREAS, the City conducted two public hearings regarding the Agreement at
which members of the public who wished to present testimony or evidence regarding the
Agreement were given the opportunity to do so, in accordance with the procedural
requirements of Section 43.0751 of the Local Government Code on July 10, 2007 at 7:00
p.m., on July 17, 2007, at 10:00 a.m., at the City Council Chambers;
WHEREAS, such notices also provided notice of the proposed limited purpose
annexation of Tracts 1, 3, S and 14;
WIlEREAS, the City conducted two public hearings regarding the proposed
limited purpose annexation of Tracts 1, 3, S and 14, at which members of the public who
wished to present testimony or evidence regarding the proposed limited purpose
annexation were given the opportunity to do so, in accordance with the procedural
requirements of Section 43.0751 of the Local Government Code on July 17, 2007 at
10:00 a.m., on July 24, 2007, at 10:00 a.m., at the City Council Chambers;
WEIEREAS, the City approved the Agreement on July 17, 2007 in open session at
a meeting held in accordance with Chapter SS1 of the Government Code (M & C C-
22258);
WHEREAS, the City's population is in excess of 100,000 inhabitants;
WHEREAS, the hereinafter described territory is in the City's exclusive
extraterritorial jurisdiction and is adjacent to and adjoins the City; and
WHEREAS, the hereinafter described territory contains 108.19 acres (.169
square miles) of land, more or less;
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TIIE
CITY OF FORT WORTH, TEXAS:
SECTION 1.
The following described land lying within the City of Fort Worth Municipal
Utility District No. 1 of Denton County, is hereby added to and annexed to the City of
Fort Worth, Texas, for the limited purpose of imposing a sales and use tax, in accordance
with Section 43.0751 of the Local Government Code, and the present corporate boundary
limits of the City of Fort Worth are altered to include said area within the corporate limits
of such city, for the limited purposes described herein.
Tract 1
BEING a 12.245 acre tract of land in the G. Cardinas Survey, Abstract No. 214, situated
in Denton County, Texas and being a portion of that tract conveyed to Alliance 161
Investments by deed recorded in Volume 2778, Page 9S8 of the Real Property Records of
Denton County, Texas (RPRDCT), and being more particularly described as follows:
BEGINNING at a capped S/8" iron pin found, said iron pin also being on the proposed
north right-of--way line of State Highway No. 114, said iron pin also being on the west
line of said Alliance 161 Investments tract, said iron pin also being on the east line of a
tract conveyed to Betty Marie McIntyre, et al, by deed recorded in Volume 2906, Page
363 RPRDCT;
THENCE N 00°32'36" W along the said west line of said Alliance 161 Investments tract
and the said east line of said McIntyre tract, a distance of 534.24 feet to a point;
THENCE N 89°27'24" E, a distance of 337.96 feet to a point;
THENCE N 00°32'36" W, a distance of 409.30 feet to a point;
THENCE N 88°27'04" E, a distance of 110.71 feet to a point, said point also being the
Point of Curvature of a circular curve to the right having a radius of 400.00 feet, a central
angle of 26°SO'42" and being subtended by a chord which bears S 78°07'3S" E, 185.70
feet;
THENCE along said curve to the right, a distance of 187.41 feet to a point;
3
THENCE S 64°42'14" E tangent to said curve, a distance of 147.91 feet to a point, said
point also being the Point of Curvature of anon-tangent circular curve to the left having a
radius of 12SS.00 feet, a central angle of 1S°SS'19" and being subtended by a chord
which bears S 07°2S'03" W, 347.63 feet;
THENCE along said curve to the left, a distance of 348.75 feet to a point;
THENCE S 00°32'36" E tangent to said curve, a distance of 501.25 feet to a point, said
point also being on the said proposed north right-of--way line of State Highway No.l 14;
THENCE S 89°48'48" W along the said proposed north right-of--way line of State
Highway No.l 14, a distance of 226.72 feet to a capped 1/2" iron pin set;
THENCE N 00° 11' 12" W along the said proposed north right-of--way line of State
Highway No.114, a distance of 15.00 feet to a capped 1/2" iron pin set;
THENCE S 89°48'48" W along the said proposed north right-of--way line of State
Highway No.l 14 , a distance of 250.00 feet to a capped 1/2" iron pin set;
THENCE S 00° 11' 12" E along the said proposed north right-of--way line of State
Highway No.l 14, a distance of 15.00 feet to a capped 1/2" iron pin set;
THENCE S 89°48'48" W along the said proposed north right-of--way line of State
Highway No.114, a distance of 238.28 feet to the Point of Beginning and containing
533,394 square feet or 12.245 acres of land, more or less.
Tract 3
BEING a 30.414 acre tract of land in the G. Cardinas Survey, Abstract No. 214, situated
in Denton County, Texas and being a portion of that tract conveyed to Alliance 161
Investments by deed recorded in Volume 2778, Page 9S8 of the Real Property Records of
Denton County, Texas (RPRDCT) and a portion of those tracts conveyed to Aperion
Communities, L.L.L.P. by deed recorded under County Clerk's File No. 2004-11913
RPRDCT (Aperion Tract One-A and Aperion Tract One-B) and being more particularly
described as follows:
CONIlVIENCING at a capped S/8" iron pin found, said iron pin also being on the
proposed north right-of--way line of State Highway No. 114, said iron pin also being on
the west line of said Alliance 161 Investments tract, said iron pin also being on the east
line of a tract conveyed to Betty Marie McIntyre, et al, by deed recorded in Volume
2906, Page 363 RPRDCT;
THENCE N 89E48'48" E along the said proposed north right-of--way line of State
Highway No.l 14, a distance of 238.28 feet to a capped 1/2" iron pin set;
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THENCE N OOEll'12" W along the said proposed north right-of--way line of State
Highway No.l 14, a distance of 15.00 feet to a capped 1/2" iron pin set;
THENCE N 89E48'48" E along the said proposed north right-of--way line of State
Highway No.l 14 , a distance of 250.00 feet to a capped 1/2" iron pin set;
THENCE S OOEll'12" E along the said proposed north right-of--way line of State
Highway No.114, a distance of 15.00 feet to a capped 1/2" iron pin set;
THENCE N 89E48'48" E along the said proposed north right-of--way line of State
Highway No.114, a distance of 226.72 feet to the Point of Beginning of the herein
described tract;
THENCE N OOE32'36" W departing the said proposed north right-of--way line of State
Highway No.114, a distance of 501.25 feet to a point, said point also being the Point of
Curvature of a circular curve to the right having a radius of 1255.00 feet, a central angle
of 44E41'36" and being subtended by a chord which bears N 21E48'12" E , 954.33 feet;
THENCE along said curve to the right, a distance of 978.96 feet to a point;
THENCE N 44E09'00" E tangent to said curve, a distance of 440.50 feet to a point;
THENCE S 45E51'00" E, a distance of 173.53 feet to a point, said point also being the
Point of Curvature of a circular curve to the left having a radius of 122.50 feet, a central
angle of 44E35'S9" and being subtended by a chord which bears S 68E08'S9" E ,
92.97feet;
THENCE along said curve to the left, a distance of 95.36 feet to a point;
THENCE N 89E33'Ol" E tangent to said curve, a distance of 276.39 feet to a point;
THENCE S OOE26'S9" E, a distance of 768.50 feet to a point;
THENCE S 89E33'O1" W, a distance of 208.99 feet to a point;
THENCE N 42E37'00" W, a distance of 35.75 feet to a point;
THENCE S 89E33'O1" W, a distance of 92.01 feet to a point;
THENCE S OOE26'S9" E, a distance of 476.50 feet to a point;
THENCE S 89E33'O1" W, a distance of 140.19 feet to a point;
THENCE S OOE24'36" E, a distance of 50.00 feet to a point;
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THENCE S 89E33'O1" W, a distance of 60.58 feet to a point;
THENCE S OOE32'36" E, a distance of 275.42 feet to a point, said point also being on the
proposed north right-of--way line of State Highway No. 114;
THENCE S 89E48'48" W along the said proposed north right-of--way line of State
Highway No.114, a distance of 630.48 feet to the Point of Beginning and containing
1,324,829 square feet or 30.414 acres of land, more or less.
Tract 5
BEING a 18.269 acre tract of land in the G. Cardinas Survey, Abstract No. 214, situated
in Denton County, Texas and being a portion of that tract conveyed to Alliance 161
Investments by deed recorded in Volume 2778, Page 958 of the Real Property Records of
Denton County, Texas (RPRDCT), and being more particularly described as follows:
COMMENCING at a capped 5/8" iron pin found, said iron pin also being on the
proposed north right-of--way line of State Highway No. 114, said iron pin also being on
the west line of said Alliance 161 Investments tract, said iron pin also being on the east
line of a tract conveyed to Betty Marie McIntyre, et al, by deed recorded in Volume
2906, Page 363 RPRDCT;
THENCE N 89°48'48" E along the said proposed north right-of--way line of State
Highway No.l 14, a distance of 238.28 feet to a capped 1/2" iron pin set;
THENCE N 00° 11' 12" W along the said proposed north right-of--way line of State
Highway No.l 14, a distance of 15.00 feet to a capped 1/2" iron pin set;
THENCE N 89°48'48" E along the said proposed north right-of--way line of State
Highway No.114 , a distance of 250.00 feet to a capped 1/2" iron pin set;
THENCE S 00° 11' 12" E along the said proposed north right-of--way line of State
Highway No.114, a distance of 15.00 feet to a capped 1/2" iron pin set;
THENCE N 89°48'48" E along the said proposed north right-of--way line of State
Highway No.114, a distance of 226.72 feet to a point;
THENCE N 00° 32'36" W departing the said proposed north right-of--way line of State
Highway No.l 14, a distance of 501.25 feet to a point, said point also being the Point of
Curvature of a circular curve to the right having a radius of 1255.00 feet, a central angle
of 32 °43'52" and being subtended by a chord which bears N 15°49'20" E , 707.23 feet;
THENCE along said curve to the right, a distance of 716.94 feet to the Point of
Beginning of the herein described tract;
6
THENCE N 56°26'33" W, a distance of 341.40 feet to a point, said point also being the
Point of Curvature of a circular curve to the left having a radius of 470.00 feet, a central
angle of 34°06'03" and being subtended by a chord which bears N 73°29'35" W, 275.62
feet;
THENCE along said curve to the left, a distance of 279.73 feet to a point;
THENCE S 89°27'24" W tangent to said curve, a distance of 32.60 feet to a point;
THENCE N 00°32'36" W, a distance of 537.12 feet to a point, said point also being the
Point of Curvature of a circular curve to the right having a radius of 668.00 feet, a central
angle of 45° 28'14" and being subtended by a chord which bears N 22 °11'31" E, 516.33
feet;
THENCE along said curve to the right, a distance of 530.13 feet to a point;
THENCE N 43°51'21" E, a distance of 53.48 feet to a point;
THENCE S 45°51'00" E, a distance of 1146.77 feet to a point;
THENCE S 44°09'00" W, a distance of 440.50 feet to a point, said point also being the
Point of Curvature of a circular curve to the left having a radius of 1255.00 feet, a central
angle of 11° 57'44" and being subtended by a chord which bears S 38°10'08" W, 261.54
feet;
THENCE along said curve to the left, a distance of 262.02 feet to the Point of Beginning
and containing 795,805 square feet or 18.269 acres of land, more or less.
Tract 14
BEING Tract 2 of those tracts conveyed to Aperion Communities, L.L.L.P. out of the G.
Cardinas Survey, Abstract No. 214, by deed recorded under County Clerk's File No.
2004-11913 of the Real Property Records of Denton County, Texas (R.PRDCT) and
being more particularly described as follows:
BEGINNING at a brass monument in concrete found, said brass monument also being on
the south line of said Aperion Tract 2, said brass monument also being on the north right-
of-way line of State Highway No. 114, said brass monument also being on the west line
of a tract conveyed to Ferbro Investments by deed recorded under County Clerk's File
No. 97-0003605 RPRDCT
THENCE S 89°46'48" W along the south line of said Aperion Tract 2 and the north right-
of-way line of State Highway No.114, a distance of 1072.97 feet to a brass monument in
concrete found;
7
THENCE N 86°29'44" W along the south line of said Aperion Tract 2 and the north
right-of--way line of State Highway No.114, a distance of 900.20 feet to a brass
monument in concrete found, said brass monument also being on the southeasterly line of
a tract conveyed to The Atchison, Topeka and Santa Fe Railway Company by deed
recorded under County Clerk's File No. 93-R0020408 RPRDCT;
THENCE N 44°26'31" E along the west line of said Aperion Tract 2 and the
southeasterly line of said Atchison, Topeka and Santa Fe Railway Company tract, a
distance of 2809.53 feet to a S/8" iron pin found, said iron pin also being on the west line
of said Ferbro Investments tract;
THENCE S 00°07'09" E along the east line of said Aperion Tract 2 and the west line of
said Ferbro Investments tract, a distance of 2056.80 feet to the Point of Beginning and
containing 2,OS8,72S square feet or 47.262 acres of land, more or less.
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 2.
Chapter 43, Subchapter F, of the Local Government Code does not apply to a
limited purpose annexation under a strategic partnership agreement. Accordingly, any
residents of Tracts 1, 3, S and 14 residing on such property on the effective date of this
ordinance or at any time thereafter are not entitled to vote in City elections.
SECTION 3.
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 4.
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
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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 5.
The City Council hereby declares it to be its purpose to annex to the City of Fort
Worth, for the limited purpose of imposing a sales and use tax in accordance with Section
43.0751 of the Local Government Code, every part of the area described in Section 1 of
this ordinance. 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 limited purposes, the
ineffectiveness of this ordinance as to any such part or parts shall not affect the
effectiveness of this ordinance as to the remainder of such area.
SECTION 6.
This ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY:
Ali ~'~"L" u%'~'-GG~'~.-
Assistant City A rney
ADOPTED AND EFFECTIVE: august 2s, 2007
9
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Cif of Ford V1/orth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/28/2007 -Ord. No. 17735-08-2007
DATE: Tuesday, August 28, 2007
LOG NAME: 06TRADITIONLPA
REFERENCE NO.: PZ-2752
SUBJECT:
Institution and Adoption of an Ordinance Annexing for Limited Purpose Annexation of 108.19 Acres
of Land Located North of State Hwy 114 and West of FM 156 in the G. Cardinas Survey, Abstract
No. 214, Situated in Denton County, Texas
~. _-_
RECOMMENDATION:
It is recommended that the City Council institute and consider the adoption of an ordinance annexing for
limited purpose approximately 108.19 acres of land, located north of State Highway 114 and west of FM
156, in Denton County, Texas.
DISCUSSION:
On July 17, 2007, M&C C-22258 authorized the execution of a Strategic Partnership Agreement (SPA) with
Fort Worth Municipal Utility District No. 1 of Denton County. The SPA will allow annexation for the following
two purposes: 1) annexation of limited tracts to facilitate the connection to areas outside of the district; and
2) limited purpose annexation of approximately 108 acres within the district designated for commercial
development to impose sales and use tax. The agreement allows for the City and the District to divide sales
tax proceeds equally for the first 19 years of the limited purpose annexation; thereafter, the City's share will
increase to 75 percent. Adoption of this ordinance will complete the limited purpose annexation of the
property within the district originally intended for commercial development.
The City of Fort Worth conducted public hearings concerning the agreement and limited purpose
annexation as required by state law on July 10, July 17 and July 24, 2007. The property is currently vacant;
its intended use is for commercial development.
The subject property is located north of State Highway 114 and west of FM 156 in the extraterritorial
jurisdiction of the City of Fort Worth, Denton County. It is within the Fort Worth Municipal Utility District No. 1
of Denton County.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
TO Fund/AccountlCenters
FROM Fund/Account/Centers
Submitted for City Manager's Office b~
Originating Department Head:
Additional Information Contact:
Dale Fisseler (6140)
Fernando Costa (8042)
Allison Gray (8030)
Logname: 06TRADITIONLPA Page 1 of 1