HomeMy WebLinkAboutOrdinance 24519-11-2020 ORDINANCE NO. 24519-11-2020
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 85.967 ACRES
OF LAND, MORE OR LESS, OUT OF THE OUT OF THE A. KING
SURVEY, ABSTRACT NO. 710, THE W. SAMPLE SURVEY,
ABSTRACT NO. 1207,THE L. BUTLER SURVEY,ABSTRACT NO.
64, THE C. PERRY SURVEY, ABSTRACT NO. 1031 AND THE A.
ROBERTSON SURVEY, ABSTRACT NO. 1553, IN DENTON
COUNTY, TEXAS (CASE NO. AX-20-002) 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; PROVIDING A SAVINGS CLAUSE AND
NAMING AN EFFECTIVE DATE.
WHEREAS, the City of Fort Worth has received a petition in writing from NP-
OV FORT WORTH PROJECT 2, LLC., the owners, requesting the full-purpose
annexation of 85.967 acres of land as described in Section 1, below(the "Property"); and
WHEREAS, the hereinafter described Property is in the City's exclusive
extraterritorial jurisdiction and is adjacent to and adjoins the City; and
WHEREAS, the City is a Tier 2 municipality for purposes of annexation under
Chapter 43 of the Texas Local Government Code ("LGC"); and
WHEREAS, Subchapter C-3 of the LGC permits the City to annex an area if each
owner of land in an area requests the annexation; and
WHEREAS,in accordance with Subchapter C-3 of Chapter 43 of the Texas Local
Government Code, the City section 43.0672 of the Texas Local Government Code, NP-
OV FORT WORTH PROJECT 2, LLC. and the City negotiated and entered into a written
agreement, City Secretary Contract No. 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 November
10,2020 at 7:00 p.m., at the City Council Chamber; and square footage in the descriptions.
Annexation—AX-20-002 Ordinance No.24519-11-2020
Page 1 of 7
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 85.967 acres of land,
are hereby annexed to the City of Fort Worth as a part of the city for all municipal purposes,
and the city limits are extended to include such Property being all that certain land
particularly described below and depicted as on Exhibit "A" attached to and incorporated
in this ordinance for all purposes:
BEING a tract of land situated in the A. King Survey, Abstract No. 710, the W. Sample
Survey, Abstract No. 1207, the L. Butler Survey, Abstract No. 64, the C. Perry Survey,
Abstract No. 1031 and the A. Robertson Survey,Abstract No. 1553,Denton County,Texas
and being part of that certain tract of land described by deed to M.T. Cole Family
Partnership Number 2, LP, recorded in Instrument Number 2009-102749, Deed Records,
Denton County, Texas, said tract of land being more particularly described by metes and
bounds as follows:
COMMENCING at a point in the northerly right-of-way line of F.M. 156 (variable width
public right-of-way),recorded in Instrument Number 2007-110923,Deed Records,Denton
County, Texas, the southeast corner of Lot 4, Block 1, Dave Addition, an addition to the
City of Fort Worth, according to the plat recorded in Instrument Number 2018-152, Plat
Records, Denton County, Texas, in a non-tangent curve to the left having a central angle
of 15°36'59", a radius of 2,964.79 feet, a chord bearing and distance of South 84°36'55"
West- 805.57 feet and from which a found 1/2" iron rod with cap stamped "SPIARS ENG"
bears South 80°58'17" East, a distance of 0.90 feet;
THENCE, with the north right-of-way line of said F.M. 156 the following courses and
distances:
Along said non-tangent curve to the left in a southwesterly direction, a passing
distance of 808.07 feet to a point for the most southerly southwest corner of said
Lot 4, Block 1, Dave Addition, being in centerline. of Elizabeth Creek and
continuing for a total arc length of 1,089.72 feet;
THENCE South 81°12'39" West, a distance of 106.20 feet to a point for the
beginning of a non-tangent curve to the left having a central angle of 26°37'57", a
radius of 2,984.79 feet and a chord bearing and distance of South 56'02'18" West-
1,374.95 feet;
THENCE, with said non-tangent curve to the left in a southwesterly direction, an
arc length of 1,387.40 feet;
THENCE South 47°16'3 9"East,a distance of 20.00 feet to a point for the beginning
of a non-tangent curve to the left having a central angle of 01°11'35", a radius of
Annexation—AX-20-002 Ordinance No.245 1 9-1 1-2020
Page 2 of 7
2,964.79 feet and a chord bearing and distance of South 42°07'32" West - 61.73
feet;
THENCE with said non-tangent curve to the left in a southwesterly direction, an
arc length of 61.73 feet to a point;
THENCE South 41°31'45" West, a distance of 2,286.16 feet to a point for the
beginning of a curve to the left having central angle of 00°50'15", a radius of
4,683.66 feet and a chord bearing and distance of South 41°06'37" West - 68.46
feet;
THENCE with said curve to the left in a southwesterly direction, an arc length of
68.46 feet to a point in the northerly right-of-way line of said F.M. 156;
THENCE North 47°51'10" West, departing the northerly right-of-way line of said F.M.
156, crossing into said M.T. Cole Family Partnership No. 2, LP, a distance of 102.37 feet
to a point;
THENCE North 41°00'36" West, a distance of 100.72 feet to a point;
THENCE North 4751'10" West, a distance of 888.32 feet to the POINT OF BEGINNING
of the tract herein described;
THENCE North 4751'l0" West, a distance of 377.50 feet to a point of curvature to the
left, said curve having a central angle of 24°51'17", a radius of 500.00 feet and a chord
bearing and distance of North 56'13'18" West—215.20 feet;
THENCE Northwesterly along said curve to the left 216.90 feet to a point;
THENCE North 73°06'46" West, a distance of 55.84 feet to a point of non-tangential
curvature to the right, said curve having a central angle of 29°33'06", a radius of 500.00
feet and a chord bearing and distance of North 62°49'41" West—255.04 feet;
THENCE Northwesterly with said curve, a distance of 257.89 feet to a point;
THENCE North 48°28'15" West, a distance of 336.44 feet to a point of curvature to the
left, said curve having a central angle of 14°12'32", a radius of 470.00 feet and a chord
bearing and distance of North 55°34'31" West— 116.26 feet;
THENCE Northwesterly along said curve a distance of 116.56 feet to a point;
THENCE North 41°23'43" East, a distance of 3217.09 feet to a point in the southerly line
of a certain tract of land described in deed to Forestar (USA) Real Estate Group, Inc,
recorded in Instrument Number 2018-27156, Deed Records, Denton County, Texas and
the approximate centerline of Elizabeth Creek;
THENCE with the approximate centerline of said Elizabeth Creek and with the southerly
line of said to Forestar (USA) Real Estate Group, Inc. tract the following courses and
distances:
South 65°10'10" East, a distance of 365.02 feet to a point;
Annexation—AX-20-002 Ordinance No.24519-11-2020
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South 14'16'19" East, a distance of 227.09 feet to a point;
South 13'52'11" West, a distance of 158.68 feet to a point;
South 42°51'54" West, a distance of 280.44 feet to a point;
South 10'51'38" East, a distance of 217.01 feet to a point;
South 05'50'18" West, a distance of 98.25 feet to a point;
South 28°47'08" East, a distance of 144.88 feet to a point;
South 28'47'11" East, a distance of 218.76 feet to a point;
South 61°35'42" East, a distance of 176.11 feet to a point;
THENCE leaving said line, South 41°31'45" West, a distance of 888.30 feet to a point;
THENCE South 63°59'17" West, a distance of 117.80 feet to a point;
THENCE South 41°31'45" West a distance of 7 5.5 9 feet to a point;
THENCE South 19'04'13" West, a distance of 117.80 feet to a point;
THENCE South 41°31'45" West a distance of 1171.00 feet to the POINT OF
BEGINNING and containing a calculated area of 3,744,788 square feet or 85.969 acres of
land.
SECTION 2.
The above described territory is shown on Map Exhibit A attached hereto and
expressly incorporated herein by reference for the purpose of depicting the location of the
hereinabove described territory.
SECTION 3.
That the above described territory hereby annexed shall be part of the City of Fort
Worth, Texas, and the property so added hereby shall bear its pro rata part of the taxes
levied by the City of Fort Worth, Texas, and the inhabitants thereof shall be entitled to all
of the rights and privileges of all the citizens in accordance with the Municipal Services
Agreement 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-20-002 Ordinance No.24519-11-2020
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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 TO FORM AND LEGALITY:
Melinda Ramos J. Kayser
Senior Assistant City Attorney City Secretary
of FORrry
ADOPTED AND EFFECTIVE: November 10, 2020 U _
?)�XAS
Annexation—AX-20-002 Ordinance No.24519-11-2020
Page 5 of 7
EXHIBIT A
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Annexation—AX-20-002 Ordinance No.24519-11-2020
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Exhibit B
Municipal Services Agreement
(see attached)
Annexation—AX-20-002 Ordinance No.245 1 9-1 1-2020
Page 7 of 7
PTO
C;E Y SECRt-ARY
COPTRACT NO. S�3
MUNICIPAL SERVICES AGREEMENT
BETWEEN THE CITY OF FORT WORTH,TEXAS AND
NP-OV FORT WORTH PROJECT 2,LLC
This Municipal Services Agreement ("Agreement") is entered into on1 ' day of
bbLen bgX .1 7( by and between the City of Fort Worth, Texas, a home-rule
municipality of the State of Texas, ("City") and NP-OV Fort Worth Proiect 2, LLC
("Owner").
RECITALS
The parties agree that the following recitals are true and correct and form the basis
upon which the parties have entered into this Agreement.
WHEREAS, the City is currently classified as a Tier 2 municipality for purposes of
annexation under the Texas Local Government Code("LGC");
WHEREAS, Section 43.0671 of the LGC permits the City to annex an area if each owner
of land in an area requests the annexation;
WHEREAS, where the City elects to annex such an area,the City is required to enter into
a written agreement with the property owner(s)that sets forth the City services to be provided for
the Property on or after the effective date of annexation(the"Effective Date");
WHEREAS, Owner owns certain parcels of land situated in Denton County,
Texas, which consists of approximately 85.967 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-20-002 ("Annexation Case");
WHEREAS, City and Owner desire to set out the City services to be provided for the
Property on or after the effective date of annexation;
WHEREAS,the Annexation Case and execution of this Agreement are subject to approval
by the Fort Worth City Council; and
NOW THEREFORE, in exchange for the mutual covenants, conditions and promises
contained herein,City and Owner agree as follows:
1. PROPERTY. This Agreement is only applicable to the Property, which is the subject of the
Annexation Case.
2. INTENT. It is the intent of the City that this Agreement provide for the delivery of full,
available municipal services to the Property in accordance with state law, which may be
UFF=9CIAL RECORD t, �020
Owner-initiated Annexation Service Agreement i of 7 Vol
CITY SECRETARY co vagV 0
FT.WORTH,TX its
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 Streetlighting)—The City's Transportation and
Public Works Department will maintain the public streets and streetlights over
which the City has jurisdiction. The City will provide regulatory signage
services in accordance with the City policies and procedures and applicable
laws.
ix. Water and Wastewater to Existing Structures — Occupied structures that are
using water-well and on-site sewer facilities on the Effective Date may continue
Owner-Initiated Annexation Service Agreement 2 of 7
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
according to the laws of the State of Texas. The parties acknowledge that they are of equal
Owner-Initiated Annexation Service Agreement 3 of 7
bargaining power and that each of them was represented by legal counsel in the negotiation
and drafting of this Agreement.
S. 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
NP-OV Fort Worth Project 2, LLC
By:NPD Management,LLC, its
manager
By: By:
l
Dana B ghdo Nathaniq agedorn
Assistant City banager Manag r
Approved as to Form and Legality:
1
a�
l� &. M
Senior Assistant City Attorney
Atte .
a Kayser
Cit Secretary
Approvals:
M&C AD,MN IJ lolaoao
Ordinance No.
State of Texas §
County of Tarrant §
This instrument was acknowledged before me on the Xeday of 20,0
by Dana Burghdoff, Assistant City Manager of the City of Fort Worth, a Texas municipal
corporation, on behalf of said corporation.
i ' ,4, SEICNa ALA
NMary uublt,, State of Texas
Notary Public, State of Texas romm Expires 03-31-2024
tfrtAty 1D 13242262E
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
Owner-Initiated Annexation Service Agreement 5 of 7
STATE OF MISSOURI §
COUNTY OF PLATTE §
This instrument was acknowledged before me on the day of �— 20�
by Nathaniel Hagedorn, Manager of NPD Management, LLC, Manager of NP- V Fort Worth
Project 2, LLC.
By:_
Notary Public,State of Missouri
HEATHER R.PFENDER
Notary public-Notary Seal
Clay County-State of Missouri
Commission Number 15633521
My Commission Expires Feb 24,2023
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
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Owner-Initiated Annexation Service Agreement I of 3
EXHIBIT A
Continued
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ANNEXATION DESCRIPTION
UBINCl a tract orl;md situated in the A.King Survey,Abstract No.710,the W.Sample Survey,Abstract No. 1207,
the L.huller Survey,Abstract No.64,the C.Perry Survey,Abstract No. 1031 and the A,Robcrlson Survey,
Abstract No.1553,Denton County,Texas and being part ofthat certain tract ofland dcscribeel by deed to M.T.Cole
Family Partnership Number 2,LP,reworded in Instrument Number 2009-102749,Dcod Records,Denton County,
Texas,said tract of land being more particularly described by metes and bounds as Billows:
COMMENCING ul a point in the northerly right-of-way line of F.M.156(variable width public right-or-w;y),
recorded in Instrument Number 2007-110923,Decd Records,Denton County,Texas,the southeast comer of Lot 4,
Block 1,Dave Addition,an addition to the City of Fort Worth,according to the plad recorded in Instrument Number
2018-152,Plat Recordsi,Denton County,Texas,in a non-tangent curve to the loll having a central angle of
159659",a radius of 2,964.79 feel,a chord bearing and distance of South 84°36'55"West-805.57{'eel and from
which a found 1/2"iron rod with cap stamped"SPIARS BNG"bears South 80'58'17"Bast,it distance of0.90 feet;
TI IBNCE,with the north righl-of-way line of said F.M.156 the fallowing courses and distances:
Along said non-tangent curve to the loll in a southwesterly direction,•a passing distance of 808.07 feet to a
point for the most southerly southwest comer ol'said Lot 4,Block 1,Dave Addition,being in ecnwrlinc of
lilirrbeth Creel-,and continuing for n total arc length of 1,089.72 feet-,
THENCE South Rl°12'39"West,a distance of 106.20 feet to a point for the beginning ofa nun-tangent
curve to the Ml having a central angle o1'26"37'57",a radius ol'2,984.79 feel and a chord hearing and
distance of South 56102'18"West-1,374.95 feet;
'rf lliNCB,with scud non-tangent curve to the loll in a southwesterly direction,an arc length of 1,387.40
feet;
TliliNCli South 47°16'39"Fast,it distance of 20.00 rect to a point for the beginning ol'a non-langent curve
In the[eft having a central angle ol'01°11'35",a radius of 2,964.79 feet and a chord bearing and distance of
South 42"07'32"West-61.73 t'eet;
THENCE with said non-tangent curve to the left in a southwesterly direction,an are length of 61.73 feet to
a point;
Tl IBNCB South 4191'45"West,a distance of 2,286.16 feet to a point lit•the beginning of a curve to the
loll hnving central unglc of 00'50'15",a radius of 4,683.66 feet and it chord hearing and distance of South
41'06'37"West-68.46 loci;
'1'1IBNCB with said curve to the[ell in it southwesterly direction,an are length of68.46 feet to a point in
the northerly right-of-wary line of said F.M. 156;
'I'lIENCIi North 47°5110"West,departing the northerly right-of way line ofsa id F.M. 156,crossing into said M.T.
Cale Fancily Partnership No,2,LP,a distance of 102,37 feel to a point;
T[IrNCfi North 41"00'36"West,it distance of 100.72 t'eef to it point;
THENCE North 47"51'10"West,a distance of888.32 tat to the POINT OF BEGINNING of the tract heroin
described;
TI iIiNCii North 47°51'10"West,it distance of 377.50 loci to it point of earvature to the[ell,said curve having a
ventral angle ol'24°51'17",it radius ol'500.00 foot and a chord hearing and distance of North 5fi"13'18"West-
215.20 feel;
TI1IBNCB Northwesterly along said curve to thu]ell 216.90 fist to a point;
'I I IENCE North 73"06'46"West,it distance of 55.84 feet to n point of non-tangential curvature to the right,said
curve having a central tingle of 29°33'06",a radius of 500.00 toot and a choril bearing and distance of North
62"49'41"West-255.04 feel;
Owner-initiated Annexation Service Agreement 2 of 3
EXHIBIT A
Continued
TI IFNCE Northwesterly with said curve,a distance of 257.891cc1 to a point;
TI IRNCI?North 49'29'15"West,a distance of 336.44 feet to a point of eunvlure to the lelt,said curve having it
central angle of 14'12'32" u radius of 4700)fleet and a chord hearing and distance of North 55"34'31"West—
1 16.26 Ibet;
THENCE Northwesterly along said curve n distance of 110,56 feet to it point',
TI IRNCI:North 41'23'43"East,a distance of 3217.09 feet to a point in the southerly line of n certain tract of land
des:ribLd in deed to forestar(IISA)Real Estate Group,lac,recorded in Insfr anent Number 2018-27156.Deed
Records,Denton Count%,Texas and the approximate centerline of Iilizaheth Creck',
TI IRNCI:with the approximate centerline of said Elizabeth Creek and with the southerly line of said to Foreslar
(USA)Real Estate Group,Inc.tract the following courses and distances:
South 65'1010"E'asl,it distance of 365,02 feet to it point;
South 14'1619"Bast,a distance of 227.09 feet to it point;
South 13`5211"West,a distance of 158.69 feel to a poinl;
South 42'51'54"West,a distance of 280.44 feel to it point:
South 10'5118"East,it distance of 217.01 1'ecl to a point;
South 05'50'I8"West,it distance of 98.25 feet to a point;
South 28'47'08"Fast,it distance of 144.98 feet to a point,
South 29*47'1 1"(last,it distance ol'218,761ael to a ponW
South 61135'42"East,a distance of Mi.1 I fect to a point;
TI IENCE'leaving said line,South 41'31'45"West,a distance of 888.30 feet to a point;
THENCE South 63'59'17"West,it distance of 117.80 feet to a point
TIJENCH South 41*31'45-West it distance of 75.59 Net to it point;
TI IENC E South 19`04'13"West,a distance of 117,80 fleet to it point:
Ti 1ENCE South 41'31'45"West a distance of 117 1.10&vt to the POINT OF FIEGINNINO and containing it
calculated area of 3.744,788 square feet or 85.969 acres of land.
NOTES:The basis of hearings for this boundary is the'rexas Coordinate System of 198.1,North Central Zone,4202,
based upon GPS measurements,according kt the GPS Rel'crence Network.
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Tobin R.Roberts,August 10,2020
Tx.RPLS 6920 Firm Registration 21451
Owner-Initiated Annexation Service Agreement 3 of 3
Annexation AX-20-002 Exhibit
Addition of approximately 85.97 Acres to become part of Council District 7
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Fort Worth l
Planning&Development Department
DESIGNATION 1:14,400 8/19/2020
Full Purpose Adjacent Cities
® Limited Purpose Count Boundaries COPYRIGHT 2020 CITY OF FORT WORTH UNAUTHORIZED REPRODUCTION IS A
p Y VIOLATION OF APPLICABLE LAWS. THIS DATA IS TO BE USED FOR A GRAPHICAL
REPRESENTATION ONLY.THE ACCURACY IS NOT TO BE TAKEN/USED AS DATA
Extraterritorial Jurisdiction 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: 11/10/20 M&C FILE NUMBER: M&C 20-0818
LOG NAME: 06AX-20-002 INTERMODAL LOGISTICS CENTER—OWNER INITITATED
SUBJECT
(FUTURE CD 7) Conduct Public Hearing,Authorize Execution of Municipal Services Agreement and Consider Adopting Ordinance for the
Proposed Owner-Initiated Annexation of Approximately 85.97 Acres of Land in Denton County, known as Intermodal Logistics Center, Located
North of Intermodal Parkway and West of Farm to Market 156(Blue Mound Road), in the Far North Planning Sector,AX-20-002
(PUBLIC HEARING-a. Report of City Staff:Mary Elliott;b. Public Comment;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 85.97 acres of land in Denton County located north of
Intermodal Parkway and South of State Highway 114 off of Farm to Market 156(Blue Mound Road)as shown on Exhibit A;
2. Authorize Execution of Municipal Services Agreement between the City and property owners, NP-OV Fort Worth Project 2, LLC;and
3. Adopt ordinance annexing AX-20-002 for full purposes.
DISCUSSION:
On August 13, 2020, representatives for the property owners NP-OV Fort Worth Project 2, 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 west of FM 156(Blue Mound Road). The
owner-initiated annexation,which is approximately 89.969 acres, is consistent with the urban development annexation criteria as established by
the City's Annexation Policy. The subject area is currently agricultural land and the property owner's proposal of industrial type development is
consistent with the future land use map of the 2020 Comprehensive Plan.
On September 9th,the related preliminary plat(PP-20-047)was approved by City Plan Commission. The preliminary plat boundary is surrounded
by City Limits on three sides. The property owner will request annexation with each phase of development. On October 14th,the related zoning
case (ZC-20-111)was heard by the Zoning Commission, and the commission voted to recommend approval of the requested zoning to City
Council. The requested zoning is"K"Heavy Industrial.
The annexation site is within an area that is identified as being in the Alliance Industrial Growth Center. The proposed annexation site will be
accessed from FM 156 (Blue Mound Road)which is a TxDOT maintained and controlled roadway. FM 156 (Blue Mound Road) is shown as a
median divided,three-lane per direction, Commercial Connector on the City's Master Thoroughfare Plan [CCO-L3-TO-NTMS-PO-BOP(130)]. As
part of the first phase of development, TxDOT improvements were approved for a fifty-foot wide, full movement driveway with southbound
deceleration and northbound left turn lane.A traffic study was approved as part of the plat approval process.
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,an
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. A fiscal impact analysis was generated with the
assistance of various City Departments. The fiscal impact analysis was then provided to Planning&Data Analytics for review. City tax revenue is
expected to have a positive fiscal impact over the next ten 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-20-002.
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 annexing
AX-20-002 for full purposes.
If annexed,this properly will become part of COUNCIL DISTRICT 7.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached ordinance,the annexation will
have a long-term positive impact to the General Fund.
Submitted for City Manager's Office by: Dana Burghdoff 8018
Originating Business Unit Head: D.J.Harrell 8032
Additional Information Contact: Leo Valencia 2497