HomeMy WebLinkAboutOrdinance 24148-04-2020 ORDINANCE NO. 24148-04-2020
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 40.043 ACRES
OF LAND, MORE OR LESS, OUT OF THE JOHN KORTICKY
SURVEY,ABSTRACT NO. 914, CITY OF FORT WORTH-E.T.J.,IN
TARRANT COUNTY,TEXAS(CASE NO.AX-19-011)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
Benchmark Acquisitions LLC,the owner,requesting the full-purpose annexation of 40.043
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,
Benchmark Acquisitions LLC and the City negotiated and entered into a written agreement,
City Secretary Contract No. 54234, 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 43.0686 of the Local Government Code on October 29,
2019 at 7:00 p.m., at the City Council Chamber; and square footage in the descriptions.
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 40.043 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 40.043 ACRE TRACT OF LAND SITUATED IN THE JOHN KORTICKY
SURVEY, ABSTRACT NO. 914, CITY OF FORT WORTH-E.T.J., TARRANT
COUNTY, TEXAS AND BEING ALL OF A 40.004 ACRE TRACT OF LAND
CONVEYED TO SHARON LYNN SANKARY, AS RECORDED IN COUNTY
CLERK'S FILE NO. D204323827, OFFICIAL PUBLIC RECORDS, TARRANT
COUNTY, TEXAS. SAID 40.043 ACRE TRACT, WITH BEARING BASIS BEING
GRID NORTH, TEXAS STATE PLANE COORDINATES,NORTH CENTRAL ZONE,
NAD83 (NAD83 (2011) EPOCH DATE 2010), DETERMINED BY GPS
OBSERVATIONS, CALCULATED FROM DENTON CORS ARP (PID-DF8986) AND
ARLINGTON RRP2 CORS ARP (PID-DF5387), BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A 1" CAST IRON PIPE FOUND FOR THE SOUTHEAST CORNER
OF SAID 40.004 ACRE TRACT, AND A COMMMON INTERIOR ELL CORNER OF
A 280.597 ACRE TRACT OF LAND CONVEYED TO BLOOMFIELD HOMES, L.P.,
AS RECORDED IN COUNTY CLERK'S FILE NO. D218204120, OFFICIAL PUBLIC
RECORDS, TARRANT COUNTY, TEXAS;
THENCE, SOUTH 89 DEGREES 05 MINUTES 12 SECONDS WEST, ALONG THE
SOUTH LINE OF SAID 40.004 ACRE TRACT AND THE COMMON NORTH LINE
OF SAID 280.597 ACRE TRACT AND GENERALLY ALONG COUNTY ROAD 1035,
ALSO KNOWN AS WEST CLEBURNE ROAD(A PRESCRIPTIVE RIGHT-OF-WAY),
A DISTANCE OF 1706.58 FEET TO A POINT FOR THE SOUTHWEST CORNER OF
SAID 40.004 ACRE TRACT AND THE COMMON SOUTHEAST CORNER OF A 10.26
ACRE TRACT OF LAND CONVEYED TO GREGORY HIGGINS AND RAINIE
HIGGINS,AS RECORDED IN COUNTY CLERK'S FILE NO. D202019778,OFFICIAL
PUBLIC RECORDS, TARRANT COUNTY, TEXAS;
THENCE, NORTH 00 DEGREES 17 MINUTES 44 SECONDS WEST, ALONG THE
WEST LINE OF SAID 40.004 ACRE TRACT AND THE COMMON EAST LINE OF
SAID 10.26 ACRE TRACT, PASSING AT A DISTANCE OF 24.42 FEET A 5/8" IRON
ROD FOUND FOR WITNESS,AND CONTINUING A TOTAL DISTANCE OF 1102.34
FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA
SURVEYING" SET FOR THE NORTHWEST CORNER OF SAID 40.004 ACRE
Annexation—AX-19-011 Ordinance No.24148-04-2020
Page 2 of 6
TRACT AND THE COMMON SOUTHWEST CORNER OF A 20.011 ACRE TRACT
OF LAND CONVEYED TO CROWLEY INDEPENDENT SCHOOL DISTRICT, AS
RECORDED IN COUNTY CLERK'S FILE NO. D207416955, OFFICIAL PUBLIC
RECORDS, TARRANT COUNTY, TEXAS, FROM WHICH A 1" IRON ROD FOUND
FOR THE NORTHEAST CORNER OF SAID 10.26 ACRE TRACT AND THE
COMMON EXTERNAL ELL CORNER OF PANTHER HEIGHTS PHASE II, AN
ADDITION TO THE CITY OF CROWLEY, AS RECORDED IN CABINET A, SLIDE
7768, PLAT RECORDS, TARRANT COUNTY, TEXAS, BEARS NORTH 00
DEGREES 17 MINUTES 44 SECONDS WEST, A DISTANCE OF 12.70 FEET;
THENCE, NORTH 89 DEGREES 07 MINUTES 45 SECONDS EAST, ALONG THE
NORTH LINE OF SAID 40.004 ACRE TRACT AND THE COMMON SOUTH LINE
OF SAID 20.011 ACRE TRACT, PASSING AT A DISTANCE OF 1673.27 FEET A 1/2"
IRON ROD FOUND FOR WITNESS AND CONTINUING A TOTAL DISTANCE OF
1698.27 FEET TO A 60D NAIL FOUND FOR THE NORTHEAST CORNER OF SAID
40.004 ACRE TRACT AND THE COMMON SOUTHEAST CORNER OF SAID 20.011
ACRE TRACT, SAID 60D NAIL FOUND LYING IN SAID COUNTY ROAD 1035;
THENCE, SOUTH 00 DEGREES 35 MINUTES 43 SECONDS EAST, ALONG AN
EAST LINE OF SAID 40.004 ACRE TRACT AND GENERALLY ALONG COUNTY
ROAD 1035, A DISTANCE OF 303.03 FEET TO A POINT FOR AN EXTERIOR ELL
CORNER OF SAID 40.004 ACRE TRACT AND THE COMMON NORTHEAST
CORNER OF A 2.00 ACRE TRACT OF LAND CONVEYED TO O.F. BUSH, SR. AND
JOHNNIE M. BUSH, AS RECORDED IN VOLUME 4777, PAGE 308, DEED
RECORDS, TARRANT COUNTY, TEXAS, SAID POINT LYING IN SAID COUNTY
ROAD 1035;
THENCE, SOUTH 89 DEGREES 05 MINUTES 17 SECONDS WEST, ALONG A
SOUTH LINE OF SAID 40.004 ACRE TRACT AND THE COMMON NORTH LINE
OF SAID 2.00 ACRE TRACT, PASSING AT A DISTANCE OF 25.00 FEET A 5/8"
IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET
FOR WITNESS, AND CONTINUING A TOTAL DISTANCE OF 217.00 FEET TO A
5/8"IRON ROD WITH YELLOW PLASTIC CAP STAMPED"LJA SURVEYING"SET
FOR AN INTERIOR ELL CORNER OF SAID 40.004 ACRE TRACT AND THE
COMMON NORTHWEST CORNER OF SAID 2.00 ACRE TRACT;
THENCE, SOUTH 00 DEGREES 44 MINUTES 51 SECONDS EAST, ALONG AN
EAST LINE OF SAID 40.004 ACRE TRACT AND THE COMMON WEST LINE OF
SAID 2.00 ACRE TRACT, PASSING AT A DISTANCE OF 402.67 FEET A 1/2"IRON
ROD FOUND FOR THE SOUTHWEST CORNER OF SAID 2.00 ACRE TRACT AND
THE COMMON NORTHWEST CORNER OF A 1.00 ACRE TRACT OF LAND
CONVEYED TO DENVER AND JENNIFER KOON, AS RECORDED IN COUNTY
CLERK'S FILE NO. D215131913, OFFICIAL PUBLIC RECORDS, TARRANT
COUNTY, TEXAS, AND CONTINUING A TOTAL DISTANCE OF 602.24 FEET TO
A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING"
Annexation—AX-19-011 Ordinance No.24148-04-2020
Page 3 of 6
SET FOR AN INTERIOR ELL CORNER OF SAID 40.004 ACRE TRACT AND THE
COMMON SOUTHWEST CORNER OF SAID 1.00 ACRE TRACT;
THENCE, NORTH 89 DEGREES 03 MINUTES 47 SECONDS EAST, ALONG A
NORTH LINE OF SAID 40.004 ACRE TRACT AND THE COMMON SOUTH LINE
OF SAID 1.00 ACRE TRACT, PASSING AT A DISTANCE OF 192.01 FEET A 1/2"
IRON ROD FOUND FOR WITNESS, AND CONTINUING A TOTAL DISTANCE OF
217.01 FEET TO A POINT FOR AN EXTERIOR ELL CORNER OF SAID 40.004 ACRE
TRACT AND THE COMMON SOUTHEAST CORNER OF SAID 1.00 ACRE TRACT,
SAID POINT BEING ON THE WEST LINE OF AFORESAID 280.597 ACRE TRACT
AND LYING IN COUNTY ROAD 1035;
THENCE, SOUTH 00 DEGREES 51 MINUTES 55 SECONDS EAST, ALONG THE
EAST LINE OF SAID 40.004 ACRE TRACT AND THE COMMON WEST LINE OF
SAID 280.597 ACRE TRACT AND GENERALLY ALONG COUNTY ROAD 1035, A
DISTANCE OF 195.84 FEET TO THE POINT OF BEGINNING AND CONTAINING
1,744,287 SQUARE FEET, OR 40.043 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
Ievied by the City of Fort Worth, Texas, and the inhabitants thereof shall be entitled to all
of the rights and privileges of all the citizens in accordance with the Service PIan and shall
be bound by the acts, ordinances, resolutions and regulations of the City of Fort Worth,
Texas.
SECTION 4.
That the Municipal Services Agreement attached hereto as Exhibit"B" is approved
and incorporated into this ordinance for all purposes.
SECTION 5.
CUMULATIVE CLAUSE
This ordinance amends every prior ordinance in conflict herewith, but as to all other
ordinances or sections of ordinances not in direct conflict, this ordinance shall be, and the
same is hereby made cumulative.
Annexation—AX-19-011 Ordinance No.24148-04-2020
Page 4 of 6
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.
SECTION 8.
EFFECTIVE DATE
This ordinance shall be in full force and effect upon adoption.
APPROVED AS T ORM AND LEGALITY:
A41
Melin a Ramos ary J. K er
Senior Assistant City Attorney City Secretary
-�oF'FORT
ADOPTED AND EFFECTIVE: April 7,2020
* .Z
�jj�s, �
Annexation—AX-19-011 Ordinance No.24148-04-2020
Page 5 of 6
EXHIBIT A
0 150 300 1o,�aQ• c4��0
so
4 40
40.043 ACRES
ZONING "R1"
1,744,287 S.F. o it
(1.248 ACRES LYING WITHIN COUNTY W
ROAD 1035) m
40.045 ACRES
BENCHMARK ACQUISITIONS LLC 218' "
CC# D219085015
O.P.R.T.C.T. 3
TEXAS ELECTRIC SERVICE ABANDONED SERVICE POLE
COMPANY EASEMENT TEXAS ELECTRIC SERVICE
VOLUME 1328, PAGE 388 COMPANY EASEMENT
D.R.T.C,T. VOLUME PAGE 388
D.R.T..R.T.C.T.
COUNTY ROAD 1035 ti
(WEST CLEBURNE ROAD)
10' WATER WELL EASEMENT tq
APPROX. LOCATION
VOLUME 4493, PAGE 810
D.R.T.C.T.
8
DATE: 07 29 19 EXHIBIT "A"PAGE 4 DRWN BY: B.M.Y. ZONING TRACT LJA Surveying,Inc.
OF 4 CHKD BY: M.J.B. IN THE 6060 North Central Expressway Phone 469.621.0710
lOHN KORTICKY SURVEY,ABSTRACT NO.914 Suite 440
PROJ NO. 0056 CITY OF FT.WORTH E.T,1., Dallas,Texas 75206 T.B.P.L.S.Firm No.10194465
10 TAR NTOUNTY.TEXAS
Annexation—AX-19-011 Ordinance No.24148-04-2020
Page 6 of 6
CITY SECRETARY
CONTRACT NO. aga34
MUNICIPAL SERVICES AGREEMENT
BETWEEN THE CITY OF FORT WORTH,TEXAS AND
BENCHMARK ACQUISITIONS LLC
This Municipal Services Agreement ("Agreement") is entered into on day of
X9�0 by and between the City of Fort Worth, Texas, a home-rule
municipality of the State of Texas, ("City") and Benchmark Acquisitions, 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 Tarrant County,
Texas, which consists of approximately 40.043 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-19-011 ("Annexation Case");
WHEREAS, City and Owner desire to set out the City services to be provided for the
Property on or after the effective date of annexation;
WHEREAS,the Annexation Case and execution of this Agreement are subject to approval
by the Fort Worth City Council; and
NOW THEREFORE, in exchange for the mutual covenants, conditions and promises
contained herein,City and Owner agree as follows:
1. PROPERTY. This Agreement is only applicable to the Property, which is the subject of the
Annexation Case.
2. INTENT. It is the intent of the City that this Agreement provide for the delivery of full,
OFFICIAL RECORD
Owner-Initiated Annexation Service Agreement CITY SECRETARY
El: 'WORTHP TX
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 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
Owner-Initiated 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-Initiated 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
Benchmark Acquisitions, LLC.
By. By c
Dana Bur#doff Kyle rkland
,A,,UAerim A sistant City Manager
Approved as to Form and Legality:
Senior Assistant City Attorney
Attest:
ary K se
City Secretary ,t
Approvals:_
M&C XOILIt-1- Dy�o�lao
Ordinance No. '%i4byq-9040
Rb ►aq5: ao19-!�5a.cc1Gkj
State of Texas §
County of Tarrant §
This instrument was acknowledged before me on the u day of , 202_d,
by Dana Burghdoff, Interim Assistant City Manager of the City of Fort Worth, a Texas
municipal corporation,on behalf of said corporation.
By:
r.,......,.
Notary Public, State of Texas Texas
4
Nu
��xi►�VP�ea SELENA ALA
r',b Notary Public,state of Texas ....�..
i2 'P? Comm. Expires 03-31-2024 OFFICIAL RECORD
t��0
.,,/11,,�. Notary ID 132422528 CITY SECRETARY
WORTH,Tit
Owner-Initiated Annexation Service Agreement 5 of 7
STATE OF TEXAS §
COUNTY OF Ta/lov�-� §
This instrument was ac led be on the day of vyvs4- , 201Y
by Kyle Kirkland on behalf fo Benchmark
Acquisitions,LLC.
/�/ a yP��I CALEB DUNN
(�1i✓ _ :r0.'� Notary Public,State of TaxBs
By. °= Comm.Expires 05-28-2022
omn��Notary Public, State of Texas Notary ID 129832724
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
Owner-Initiated Annexation Service Agreement 6 of 7
After Recording Return to:
City Secretary
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
Owner-Initiated Annexation Service Agreement 7 of 7
EXHIBIT A
A
0 150 300 ,G AO 91 5J�ry06
OAR GR Qe�0.
p 0
4. p�5
40.043 ACRES
ZONING "R1" in<
1,744,287 S.F. c
(1.248 ACRES LYING WITHIN COUNTY 'W
ROAD 1035) o CK
1zm
40.043 ACRES
BENCHMARK ACQUISITIONS LLC 218' i u
CC# D219085015 u W
O.P.R.T.C.T. ;
TEXAS ELECTRIC SERVICE ABANDONED SERVICE POLE
TEXAS ELECTRIC SERVICE
COMPANY EASEMENT
VOLUME 1328. PAGE 388 COMPANY EASEMENT
VOLUME 1328, PAGE 388
D.R.T.C.T. D.R.T.C.T.
COUNTY ROAD 1035
(WEST CLEBURNE ROAD)
oy
10' WATER WELL EASEMENT 0.tail
APPROX. LOCATION
VOLUME 4493. PAGE 810
D.R.T.C.T.
8
n
S
8
8
DATE: 07 29 19 EXHIBIT "All WA Surveying,Inc.
DRWN BY: B.M.Y. ZONING TRACT
CHKD BY: M.J.B. N i"t 6060 North Central Expressway Phone 469.621-0710
10"N KORTICKY SURVEY,ABSTRACT NO 914 SUile440
PRO)NO. 0056 TARRA T V NTY,T.T.I. Dallas,Texas 75206 T.B.P.L.S.Firm No.10194465
vi TAgR T NTY T XAS
Exhibit A,Owner-Initiated Annexation Service Agreement Page 1 of 3
EXHIBIT "A"
LEGAL DESCRIPTION
ZONING TRACT
BEING A 40.043 ACRE TRACT OF LAND SITUATED IN THE JOHN KORTICKY
SURVEY, ABSTRACT NO. 914, CITY OF FORT WORTH-E.T.J., TARRANT COUNTY,
TEXAS AND BEING ALL OF A 40.043 ACRE TRACT OF LAND CONVEYED TO
BENCHMARK ACQUISITIONS LLC, AS RECORDED IN COUNTY CLERK'S FILE NO.
D219085015, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS. SAID
40.043 ACRE TRACT, WITH BEARING BASIS BEING GRID NORTH, TEXAS STATE
PLANE COORDINATES, NORTH CENTRAL ZONE, NAD83 (NAD83 (2011) EPOCH
DATE 2010), DETERMINED BY GPS OBSERVATIONS, CALCULATED FROM
DENTON CORS ARP (PID-DF8986)AND ARLINGTON RRP2 CORS ARP (PID-
DF5387), BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING AT A 1"CAST IRON PIPE FOUND FOR THE SOUTHEAST CORNER OF
SAID 40.043 ACRE TRACT, AND A COMMMON INTERIOR ELL CORNER OF A
280.597 ACRE TRACT OF LAND CONVEYED TO BLOOMFIELD HOMES, L.P.,AS
RECORDED IN COUNTY CLERK'S FILE NO. D218204120, OFFICIAL PUBLIC
RECORDS, TARRANT COUNTY, TEXAS;
THENCE, SOUTH 89 DEGREES 05 MINUTES 12 SECONDS WEST,ALONG THE
SOUTH LINE OF SAID 40.043 ACRE TRACT AND THE COMMON NORTH LINE OF
SAID 280.597 ACRE TRACT AND GENERALLY ALONG COUNTY ROAD 1035, ALSO
KNOWN AS WEST CLEBURNE ROAD (A PRESCRIPTIVE RIGHT-OF-WAY), A
DISTANCE OF 1706.58 FEET TO A POINT FOR THE SOUTHWEST CORNER OF
SAID 40.043 ACRE TRACT AND THE COMMON SOUTHEAST CORNER OF A 10.26
ACRE TRACT OF LAND CONVEYED TO GREGORY HIGGINS AND RAINIE
HIGGINS, AS RECORDED IN COUNTY CLERK'S FILE NO. D202019778, OFFICIAL
PUBLIC RECORDS, TARRANT COUNTY, TEXAS;
THENCE, NORTH 00 DEGREES 17 MINUTES 44 SECONDS WEST,ALONG THE
WEST LINE OF SAID 40.043 ACRE TRACT AND THE COMMON EAST LINE OF SAID
10.26 ACRE TRACT, PASSING AT A DISTANCE OF 24.42 FEET A 5/8"IRON ROD
FOUND FOR WITNESS, AND CONTINUING A TOTAL DISTANCE OF 1102.34 FEET
TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING"
SET FOR THE NORTHWEST CORNER OF SAID 40.043 ACRE TRACT AND THE
COMMON SOUTHWEST CORNER OF A 20.011 ACRE TRACT OF LAND
CONVEYED TO CROWLEY INDEPENDENT SCHOOL DISTRICT, AS RECORDED IN
COUNTY CLERK'S FILE NO. D207416955, OFFICIAL PUBLIC RECORDS, TARRANT
COUNTY, TEXAS, FROM WHICH A 1" IRON ROD FOUND FOR THE NORTHEAST
CORNER OF SAID 10.26 ACRE TRACT AND THE COMMON EXTERNAL ELL
CORNER OF PANTHER HEIGHTS PHASE II, AN ADDITION TO THE CITY OF
CROWLEY, AS RECORDED IN CABINET A, SLIDE 7768, PLAT RECORDS,
TARRANT COUNTY, TEXAS, BEARS NORTH 00 DEGREES 17 MINUTES 44
SECONDS WEST, A DISTANCE OF 12.70 FEET;
Exhibit A,Owner-Initiated Annexation Service Agreement Page 1 of 3
THENCE, NORTH 89 DEGREES 07 MINUTES 45 SECONDS EAST, ALONG THE
NORTH LINE OF SAID 40.043 ACRE TRACT AND THE COMMON SOUTH LINE OF
SAID 20.011 ACRE TRACT, PASSING AT A DISTANCE OF 1673.27 FEET A 1/2"
IRON ROD FOUND FOR WITNESS AND CONTINUING A TOTAL DISTANCE OF
1698.27 FEET TO A 60D NAIL FOUND FOR THE NORTHEAST CORNER OF SAID
40.043 ACRE TRACT AND THE COMMON SOUTHEAST CORNER OF SAID 20.011
ACRE TRACT, SAID 60D NAIL FOUND LYING IN SAID COUNTY ROAD 1035;
THENCE, SOUTH 00 DEGREES 35 MINUTES 43 SECONDS EAST, ALONG AN
EAST LINE OF SAID 40.043 ACRE TRACT AND GENERALLY ALONG COUNTY
ROAD 1035, A DISTANCE OF 303.03 FEET TO A POINT FOR AN EXTERIOR ELL
CORNER OF SAID 40.043 ACRE TRACT AND THE COMMON NORTHEAST
CORNER OF A 2.00 ACRE TRACT OF LAND CONVEYED TO O.F. BUSH, SR. AND
JOHNNIE M. BUSH, AS RECORDED IN VOLUME 4777, PAGE 308, DEED
RECORDS, TARRANT COUNTY, TEXAS, SAID POINT LYING IN SAID COUNTY
ROAD 1035;
THENCE, SOUTH 89 DEGREES 05 MINUTES 17 SECONDS WEST,ALONG A
SOUTH LINE OF SAID 40.043 ACRE TRACT AND THE COMMON NORTH LINE OF
SAID 2.00 ACRE TRACT, PASSING AT A DISTANCE OF 25.00 FEET A 5/8" IRON
ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR
WITNESS, AND CONTINUING A TOTAL DISTANCE OF 217.00 FEET TO A 5/8" IRON
ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR AN
INTERIOR ELL CORNER OF SAID 40.043 ACRE TRACT AND THE COMMON
NORTHWEST CORNER OF SAID 2.00 ACRE TRACT;
THENCE, SOUTH 00 DEGREES 44 MINUTES 51 SECONDS EAST, ALONG AN
EAST LINE OF SAID 40.043 ACRE TRACT AND THE COMMON WEST LINE OF SAID
2.00 ACRE TRACT, PASSING AT A DISTANCE OF 402.67 FEET A 1/2" IRON ROD
FOUND FOR THE SOUTHWEST CORNER OF SAID 2.00 ACRE TRACT AND THE
COMMON NORTHWEST CORNER OF A 1.00 ACRE TRACT OF LAND CONVEYED
TO DENVER AND JENNIFER KOON,AS RECORDED IN COUNTY CLERK'S FILE
NO. D215131913, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS, AND
CONTINUING A TOTAL DISTANCE OF 602.24 FEET TO A 5/8" IRON ROD WITH
YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR AN INTERIOR ELL
CORNER OF SAID 40.043 ACRE TRACT AND THE COMMON SOUTHWEST
CORNER OF SAID 1.00 ACRE TRACT;
THENCE, NORTH 89 DEGREES 03 MINUTES 47 SECONDS EAST, ALONG A
NORTH LINE OF SAID 40.043 ACRE TRACT AND THE COMMON SOUTH LINE OF
SAID 1.00 ACRE TRACT, PASSING AT A DISTANCE OF 192.01 FEET A 1/2" IRON
ROD FOUND FOR WITNESS, AND CONTINUING A TOTAL DISTANCE OF 217.01
FEET TO A POINT FOR AN EXTERIOR ELL CORNER OF SAID 40.043 ACRE TRACT
AND THE COMMON SOUTHEAST CORNER OF SAID 1.00 ACRE TRACT, SAID
POINT BEING ON THE WEST LINE OF AFORESAID 280.597 ACRE TRACT AND
LYING IN COUNTY ROAD 1035;
Exhibit A,Owner-Initiated Annexation Service Agreement Page 2 oS 3
THENCE, SOUTH 00 DEGREES 51 MINUTES 55 SECONDS EAST, ALONG THE
EAST LINE OF SAID 40.043 ACRE TRACT AND THE COMMON WEST LINE OF SAID
280.597 ACRE TRACT AND GENERALLY ALONG COUNTY ROAD 1035, A
DISTANCE OF 195.84 FEET TO THE POINT OF BEGINNING AND CONTAINING A
CALCULATED AREA OF 1,744,287 SQUARE FEET, OR 40.043 ACRES OF LAND.
A PARCEL PLAT OF EQUAL DATE HEREWITH ACCOMPANIES THIS PROPERTY
DESCRIPTION.
Michael J. Baitup, R.P.L;S. JULY 29, 2019
Registered Professional Land Surveyor
Texas Registration No. 4574 p
LJA Surveying, �r`• T
Inc. P.••��sTeR•.F-f
6060 North Central Expressway, Suite 440 1.%P
Dallas, Texas 75206 •••.••..................•.•••
469-484-0778 MlCHAEL .. BAITUP
q 4574
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TBPLS Firm No. 10194465 SURVF'�
Exhibit A,Owner-Initiated Annexation Service Agreement Page 3 of 3
Annexation AX-19-011 Exhibit A
Addition of approximately 40.04 Acres to become part of Council District 6
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Fort worth I I
Planning&Development oepenment
DESIGNATION va;/2019
Full Purpose Adjacent Cities 1:14,4t�0
® Limited Purpose County Boundaries COPYRIGHT 2019 CITY OF FORT WORTH UNAUTHORIZED REPRODUCTION IS A
VIOLATION OF APPLICABLE LAWS. THIS DATA IS TO BE USED FOR A GRAPHICAL
Extraterritorial Jurisdiction Q Annexation Area REPRESENTATI�I ONLY.THE ACCURACY IS NOT TO BE TAKEN/USED AS DATA
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: 04/07/20 M&C FILE NUMBER: M&C 20-0144
LOG NAME: 06AX-19-011 10400 W.CLEBURNE ROAD,OWNER-INITITATED
SUBJECT
Conduct Public Hearing,Authorize Execution of Municipal Services Agreement and Adopt Ordinance for the Proposed Owner-Initiated Annexation
of Approximately 40.04 Acres of Land in Tarrant County,Known as 10400 W.Cleburne Road, Located South of McPherson Boulevard and East of
Chisholm Trail Parkway,in the Far Southwest Planning Sector,AX-19-011 (FUTURE COUNCIL DISTRICT 6)
(PUBLIC HEARING-a.Report of City Staff:Mary Elliott;b.Citizen Presentations;c.Council Action:Close Public Hearing and Act on M&C)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct public hearing for the proposed owner-initiated annexation of approximately 40.04 acres of land in Tarrant County
located south of McPherson Boulevard and east of Chisholm Trail Parkway,as shown on Exhibit A;
2. Authorize Execution of Municipal Services Agreement between the City and property owners, Benchmark Acquisitions,LLC;and
3. Adopt ordinance annexing 10400 W.Cleburne Road,for full purposes.
DISCUSSION:
On July 29,2019,the property owners Benchmark Acquisitions,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 the City of Fort Worth's extraterritorial jurisdiction within Tarrant
County. The site is located south of McPherson Boulevard and east of Chisholm Trail Parkway. This owner-initiated annexation,which contains
approximately 40.04 acres,has recently become part of an enclave with the annexation of Hulen Trails(AX-18-003). The proposed annexation
is consistent with the urban development and enclave annexation criteria as established by the City's Annexation Policy. The subject area is
currently vacant land. The property is proposed for residential type development and the proposed zoning is"A-5"One-Family Residential. The
proposed use is consistent with the future land use map of the 2019 Comprehensive Plan.
On August 28,2019 City Plan Commission voted to recommend approval of the annexation request to City Council. On October 9,2019 the
related zoning case(ZC-19-131)was heard by the Zoning Commission, and the commission voted to recommend approval of"A-5"One-
Family 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 Staff recommends approval of the requested owner-initiated annexation,AX-19-011.
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, Benchmark Acquisitions, LLC
and adopt an ordinance annexing 10400 W.Cleburne Road for full purposes.
Upon approval of the annexation request,the property will become part of COUNCIL DISTRICT 6.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that based upon approval of the above recommendations and adoption of the attached ordinance,the annexation
will have n Innn-tarm nncitivP imnnrt to tha('Znnnrnl M inrl
Submitted for City Manager's Office by: Dana Burghdoff 8018
Originating Business Unit Head: D.J.Harrell 8032
Additional Information Contact: Leo Valencia 2497