Loading...
HomeMy WebLinkAboutOrdinance 24401-09-2020 ORDINANCE NO. 24401-09-2020 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 64.57 ACRES OF LAND, MORE OR LESS, AND APPROXIMATELY 0.0303 ACRES OF LAND MORE OR LESS OF RIGHTS-OF-WAY OUT OF THE OUT OF THE ARCHIBALD ROBINSON SURVEY,ABSTRACT NO. 1119,AND THE ALLEN HENDERDSON SURVEY,ABSTRACT NO. 596,IN DENTON COUNTY,TEXAS (CASE NO.AX-20-001)WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT CORPORATE BOUNDARY LIMITS OF FORT WORTH, TEXAS; PROVIDING THAT THIS ORDINANCE SHALL AMEND EVERY PRIOR ORDINANCE IN CONFLICT HEREWITH; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL PRIOR ORDINANCES NOT IN DIRECT CONFLICT; PROVIDING FOR SEVERABILITY; AND NAMING AN EFFECTIVE DATE. WHEREAS, the City of Fort Worth has received a petition in writing from 1) Russell and Kelli Ragsdale; 2) Nolin and Sammye Ragsdale; 3) 1 AM ONE, Inc.; 4) Cornerstone Bible Church; 5) Randal Dwayne Mahan; 6) Litsey Property, LLC; and 7) Lovjot Mashiana and Manjot Mashiana,the owners,requesting the full-purpose annexation of 64.57 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, 1) Russell and Kelli Ragsdale; 2) Nolin and Sammye Ragsdale; 3) I AM ONE, Inc.; 4) Cornerstone Bible Church; 5) Randal Dwayne Mahan; 6) Litsey Property, LLC; and 7) Lovjot Mashiana, Manjot Mashiana and the City negotiated and entered into a written agreement, City Secretary Contract No. �j , for the provisions of municipal services in the area; and WHEREAS,the Property abuts 0.0303 acres of county roads; 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 September 15,2020 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 64.57 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 Archibald Robinson Survey, Abstract No. 1119, and the Allen Henderson Survey, Abstract No. 596, Denton County, Texas and being a part of a called 117.364 acre tract of land described in the Warranty Deed to Nolin Ragsdale recorded in Volume 1609, Page 83, Deed Records, Denton County, Texas; and being all of a called 1.00 acre tract of land described in the Warranty Deed to Russell Ragsdale and wife, Kelli Lynett Ragsdale, recorded in Instrument No. 93-R0063334, Official Records, Denton County, Texas; part of a called 40.00 acre tract of land described in the Warranty Deed to 1 AM ONE, INC., recorded in Instrument No. 99-R0037320, Official Records, Denton County, Texas; a part of a called 5.11 acre tract of land described in the Warranty Deed with Vendor's Lien, to Cornerstone Bible Church, recorded in Instrument No. 2017- 26595, Official Records, Denton County, Texas; a part of a called 1.124 acre tract of land described in a Warranty Deed with Vendor's Lien, to Litsey Property LLC, recorded in Instrument No. 2019-35010, Official Records, Denton County, Texas, part of a called 5.001 acre tract of land described in the General Warranty Deed with Vendor's Lien, to Randal Dwayne Mahan,recorded in Instrument No.2013-66390,Official Records,Denton County, Texas; a part of a called 5.0 acre tract of land described in Deed to Bluestone Natural Resources II, LLC, recorded in Instrument No. 2016-40923, Official Records, Denton County, Texas, and being more particularly described in Instrument No. 2013- 15769, Official Records, Denton County, Texas, and being more particularly described as follows: BEGINNING at the northwest corner of said 117.364 acre tract of land and being in the east line of a called 92.202 acre tract of land described in the Dedication Deed to the City of Fort Worth, Texas, recorded in Instrument No. 2019-83300, Official Records, Denton County, Texas, and being in the old south right-of-way line of Litsey Road (a variable width prescriptive right-of-way)and the south line of that called 337.785 acre tract of land Annexation—AX-20-001 Ordinance No.24401-09-2020 described in the City of Fort Worth Ordinance No. 14387,which annexed a total of 405.525 acres into the City of Fort Worth (Annexation Case No. A-00-12 dated November 14, 2000); THENCE with said old south right-of-way line of Litsey Road and the north line of said 117.364 acre tract of land, and the north line of said 0.0303 acre tract, and the north line of said 5.11 acre tract, and said south line of said 337.785 acre tract, the following courses and distances: North 89°22'05" East, a distance of 790.23 feet; North 89°37'23" East, a distance of 332.07 feet the northwest corner of a called 0.0303 acre tract of land described in the Special Warranty Deed to Denton County, Texas, recorded in Volume 5549, Page 131, Official Records, Denton County, Texas, and being in the new south right-of-way line of Litsey Road (a variable width right-of-way)and the beginning of a non-tangent curve to the right having a central angle of 6°45'54", a radius of 1,260.00 feet, and a chord bearing and distance of South 86°48'12" Ease, 148.68 feet; THENCE in a southeasterly direction with said curve to the right and said new south right-of-way line of Litsey Road an arc distance of 148.77 feet; THENCE continuing with said new south right-of-way line of Litsey Road,North 89°48'51" East, a distance of 52.39 feet; THENCE leaving said new south right-of-way line of Litsey Road, over and across said 5.11 acre tract; said 1.124 acre tract; said 5.001 acre tract; said 117.364 acre tract; said 40.00 acre tract and said 5.0 acre tract,the following courses and distances: South 0°08'43" East, a distance of 302.27 feet to the beginning of a tangent curve to the right having a central angle of 37°50'45", a radius of 535.00 feet, a chord bearing and distance of South 18°46'40" West, 347.00 feet; In a southwesterly direction, with said curve to the right, an arc distance of 353.39 feet to a point for corner; South 37°42'02" West, a distance of 457.11 feet to a point in the west line of said 40.00 acre tract; South 37°42'02" West, a distance of 508.80 feet to the beginning of a tangent curve to the left having a central angle of 74°51'28", a radius of 575.00 feet, a chord bearing and distance of South 0°16'18" West, 698.94 feet; In a southwesterly direction, with said curve to the left, an arc distance of 751.25 feet; Annexation—AX-20-001 Ordinance No.24401-09-2020 South 37°09'26" East, a distance of 119.51 feet to the northwest corner of Lot 1, Block 31, Seventeen Lakes,an addition to the City of Fort Worth,Texas,according to the plat thereof record in Instrument No. 2016-100, Official Records, Denton County, Texas, also being at the north terminus line of Buckwater Way (a 50-foot right-of-way) and being in a north line of a called 201.5829 acre tract of land described in the City of Fort Worth Ordinance No. 14055, which annexed a total of 282.001 acres into the City of Fort Worth (Annexation Case No. A-99-11 dated January 11, 2000) THENCE South 60°50'26" West, with the common line of said 201.5829 acre tract and said north terminus line of Buckwater Way, a distance of 50.49 feet to the north corner of Lot 58, Block 25, of said Seventeen Lakes addition; THENCE over and across said 5.0 acre tract and said 40.00 acre tract, the following courses and distances: North 37°09'26" West, a distance of 112.48 feet to a point at the beginning of a tangent curve to the right having a central angle of 46°09'47", a radius of 625.00 feet, a chord bearing and distance of North 14°04'32" West, 490.05 feet; In a northwesterly direction, with said curve to the right, an arc distance of 503.56 feet to a point in said west line of the 40.00 acre tract; THENCE with said west line of the 40.00 acre tract, South 580 19'16" West, a distance of 157.93 feet; THENCE South 16040'42" West, over and across said 40.00 acre tract, passing at a distance of 360.97 feet an angle point the west line of said 40.00 acre tract, continuing along said west line in all for a distance of 464.68 feet; THENCE South 89'11'40" West, over and across said 117.364 acre tract, a distance of 916.06 feet a point in the common line of said 117.364 acre tract and the aforementioned 92.202 acre tract, same being an east line of a called 1,390.976 acre tract of land described in the City of Fort Worth Ordinance No. 10357, which annexed a total of 1,392.974 acres into the City of Fort Worth(Annexation Case No. G-8090 dated June 20, 1989) THENCE with the said common line and east line of said 1,390.976 acre tract, the following courses and distances; North 21°10'21" East, a distance of 482.94 feet; North 50050'14" West, a distance of 671.34 feet; North 8020'21" East, a distance of 61.74 feet; North 64'39'14" East, a distance of 1,153.02 feet; Annexation—AX-20-001 Ordinance No.24401-09-2020 North 1°29'25" East, a distance of 758.27 feet to the POINT OF BEGINNING and containing 64.57 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 all portions of the rights-of-way, comprising approximately 0.0303 acres of land, are hereby annexed to the City of Fort Worth as a part of the city for all municipal purposes,and the city limits are extended to include such right-of-way being all that certain land particularly described below and depicted as on Exhibits"B" and "C"attached to and incorporated in this ordinance for all purposes. SECTION 4. That the above described territory hereby annexed shall be part of the City of Fort Worth, Texas, and the property so added hereby shall bear its pro rata part of the taxes levied by the City of Fort Worth, Texas, and the inhabitants thereof shall be entitled to all of the 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 5. That the Municipal Services Agreement attached hereto as Exhibit"D" is approved and incorporated into this ordinance for all purposes. SECTION 6. CUMULATIVE CLAUSE This ordinance amends every prior ordinance in conflict herewith,but as to all other ordinances or sections of ordinances not in direct conflict, this ordinance shall be, and the same is hereby made cumulative. SECTION 7. SEVERABILITY CLAUSE It is hereby declared to be the intent of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, Annexation—AX-20-001 Ordinance No.24401-09-2020 such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any unconstitutional phrase, clause, sentence, paragraph or section. SECTION 8. SAVING CLAUSE The City Council hereby declares it to be its purpose to annex to the City of Fort Worth every part of the area described in Section 1 of this ordinance, regardless of whether any part of such described area is hereby not effectively annexed to the City. Should this ordinance for any reason be ineffective as to any part or parts of the area hereby annexed to the City of Fort Worth for full purposes, the ineffectiveness of this ordinance as to any such part or parts shall not affect the effectiveness of this ordinance as to the remainder of such area. SECTION 9. EFFECTIVE DATE This ordinance shall be in full force and effect upon adoption. APPROVED AS TO FORM AND LEGALITY: n Melinda Ramos a#J. Kayser Senior Assistant City Attorney i Secretary ADOPTED AND EFFECTIVE: September 15, 2020 FART Annexation—AX-20-001 Ordinance No.24401-09-2020 EXHIBIT A Y "'LITSEY ROAD FRA A�TMACT A VARIAM WIDTH R.O.W. OLD LITSEY ROAD 1 4s'sa• NORTH R=1280,00' uumawt Q1RESCRIPrIVE R.O.W.) L=118.7T °nnwcaenr.rr*ae (Br USE AND OCCUPATION) CB=S86°48'12"Epc..,'"D""" 0 200 q00 J�� C=148.69' o P.O.B. N89°22'05'E w1°r"0f SO°08'43"E —^ amaca'�"r. 302.2T 790.23' ar'wP O> CALLM6.11 ACRE I Iv- I N89'37'23"E Pwaar. CORNERSTONE DOLE 332.07' N89°4B'St"E CHURCH RuswsT7RAosausawsE rar.ND.ap17e I I � tm„LYIETT RAOawV.E MOT.Na pJfl00/3331 CALLED 1.124 ACRE O.RD.C.T. TRACT A-37"50'45" (� LITUY PROPERTr LLC R-635.00' 2p I IREMAINMt>F INST.NO,1010-36010 AaM TRACT U363.39' $ I+ IAM ONE,INC O.R.D.GT. / CB-S18'4V40'W a > INST.w.wa0mr330�� & C=347.0a 169F.1 O.R.D.GT. RDprsDer� S37°4T02"W N'D,�BSTpACT(p.1HY 457.11' S37'42'02'w �' 4 04 508.80' � r,1ac71Au FAMILr \ ITNERS \1PARTraeteleP REMAINDER OF I �/ MET.N0.199.T. CAl1L-p 117.36/ACRE / NO.D.C.T. 64.57 ACRES "CU"`�D� va.,e09,PG.e3 D.R.D.GT. REMAINDER OF I N8.20'21'E 49M ACRE TRACT 61.74' L-243.4W I AM ONE,INC INST.NO.904 OW7320 S5B"19'16"W o.R.D.cT 157.93' REMAI40M �CT A-74.51'28' AM ON4 nNC R-575.00' NfT.I 96M077]90 yyy ORD.C.T. L-761.25' M-48.09'47" CB-SD'15'18"W N2l'lV21"E- R=825.W C-898.94' 482,W L-503.66' CAUM..92=o a CB=N14'04'32'W S37°09'26"E —" rre rarraFlWrYraRM C�90.05' 119.51' s l e p t t1 u u u'e'."°.mw°uoo, S16.40'42W 5 fu 31 OJ1aD.T. u 464.88' 3 A 15 1 .OB = /� ,e _ __ W0'50'26"W 6EVENreENwcES 17 RMAINDER OF DOC.NO,.C.T. 0 CALLED 11730�ACRE SLIIESTONE NATIxrAL 6T 60.49' O.RD.C.T. to NOUN N37°09'26"W 56 tp VO I.1e09,PQ SS \ miso ms M.LLC 112.48' 56 D.R.DC.T. I MST.NO.201040023 BUCKWATER WAY O.R.D.C.T. °3•54 S0'R.O.W. � 53 REMAINDER OF eP v ........ .. ..... fD.00 ACRE TRACT - IAe1DNE,MIC 60 MAST.NO'I20 037390 O.R.D.C.T. NOTE ANNEXATION OF TMe doaMnerd was prepared under 22 TAC 64.57 ACRES SITUATED IN §W3.21,does not reflect the results of an on OF A.ROBINSON SURVEY,ABSTRACT NO.1119 the ground survey,and is not to be used to A, • y A.HENDERSON SURVEY,ABSTRACT NO.596 convey or establish interests in real properly co/ except 6roas rights and interests implied or ;' CITY OF FORT WORTH ETJ, established by the aeation or reconfiguration """""" '' "" DENTON COUNTY,TEXAS of the boundary of the political wMvlsbn for DAVI D J DT wtnirinfl was preparer}. •••• ••• ••.•.• Kimigy)Morn DAVID J.De WEIRDT � �REGISTERED PROFESSIONAL . 3455WWPW,rmCW-bo TN.Ib. 72)77a1350 LAND SURVEYOR NO.506e "S U RV Ey is rpw,9�J*n0,DrlwT—MAO FERM010115M F..Na.�°7x)z�aex0 y davId.dewelydtypf kimle-hom.com t•+A00' nVIP %ItA AW.70Z0 067e0e/01 AOFe PATR",DAVID Nt _URVE 16EY C %AT N E%NIB PRIVA Annexation--AX-20-001 Ordinance No.24401-09-2020 Exhibit B Legal Description for Right-of-Way "A Portion of Litsey Road" BEING a tract of land situated in the Archibald Robinson Survey, Abstract No. 1 1 19, Denton County, and all of a called 0.0303 acre tract of land described in the Special Warranty Deed to Denton County, Texas, recorded in Volume 5549, Page 131, Official Records, Denton County, Texas, and being more particularly described as follows: BEGINNING at the northeast corner of said 0.0303 acre tract same being the northwest corner of a called 5.11 acre tract of land described in the Warranty Deed with Vendor's Lien, to Cornerstone Bible Church, recorded in Instrument No. 2017-26595, Official Records, Denton County, Texas and being in the south right-of-way line of Litsey Road (a variable with right-of-way) and the south line of that called 337.785 acre tract of land described in the City of Fort Worth Ordinance No. 14387,which annexed a total of 405.525 acres into the City of Fort Worth (Annexation Case No. A-00-12 dated November 14, 2000); THENCE South 0°08'43" East, leaving said south right-of-way line and said south line of the 337.785 acre tract, with the common line of said 0.0303 acre tract and said 5.11 acre tract, a distance of 9.47 feet to the southeast corner of said 0.0303 acre tract; THENCE with the south line of said 0.0303 acre tract,the following courses and distances: South 89°48'51" West, a distance of 43.33 feet to the beginning of a tangent curve to the right having a central angle of 6°47'09", a radius of 1260.00 feet, a chord bearing and distance of North 86°47'34" West, 149.14 feet; In a northwesterly direction, with said curve to the right, an arc distance of 149.23 feet to a point in said south right-of-way line of Litsey Road and said south line of the 337.785 acre tract; THENCE North 89°37'23" East,with said south right-of-way line of Litsey Road and said south line of the 337.785 acre tract a distance of 192.22 feet to the POINT OF BEGINNING and containing 0.0303 acres of land. This document was prepared under 22 TAC §663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. Annexation—AX-20-001 Ordinance No.24401-09-2020 Exhibit C Map of Right-of-Way "A Portion of Litsey Road" NORTH TON SURVEY �-� 4C FRA 3STRACT NO ORAPHC SCALE IN FEET LITSEY ROAD 0.03 ACRES A VARIABLE WIDTH R.O.W. y— — N89°3723"E — p O. •B. • — — 192.22' — f SO°08'43"E OLD LITSEY ROAD IA=6°47'09" 9.47' MREscWv7NER.0.w.) R=1260.00' I (BY USE AM OCCUPATM) L=149.23' S89°48'51"W I CB=N86°47'34"W 43.33' C=149.14' CALLED 0.0303 ACRE TRACT DENTON COUNTY,TEXAS VOL.5549,PG.431 D.R.D.C.T. I CALLED 5.11 ACRE ARCHIBA ROBINSONO SURVEY CORNERSTONE BIBLE CHURCH INST.NO.2017-26595 ABS O.R.D.C.T. i I CALLED 1.124 ACRE TRACT LITSEY PROPERTY LLC INST,NO.2019-35010 O.R.D.C.T. REMAINDER OF ao.00 nCRE TRACT 5.001 ACRE TRACT I ONE,INC RANDAL DWAYNE MAHAN INST..N NO.1999-3�7320 O.R.D.C.T, INST.NO.2013.88390 O.R.D.C.T. I / I NOTE This document was prepared under 22 TAC ANNEXATION OF §W3.21,does not reflect the results of an on 0.03 ACRES SITUATED IN the around survey,and Y not to be used to OF TF convey or establish interests In reel property �P�•••"'•••. A.ROBINSON SURVEY,ABSTRACT NO.1119 excopt twee rights and interests implied or `?'e 1s o CITY OF FORT WORTH ETJ, eslabssiled by the ovation or reconfguratfon P DENTON COUNTY,TEXAS of the boundary of the poRicel subdivision for •.• .••••EIRDT wfxHJrR was preparod. DAV Kan11�y>>>Horn DAVID J.Do WEIRDT •, ti6 err. '.FF,$51�,• /� 13135No°IRm,Two O-*`OMa Tell (9T2)TT0.1JW REGISTERED PROFESSIONAL �q A6UA /-'� To—,Swe700.Daies.Teas75240 FiRM91o116700 Fnw.(972)29-ae20 LAND SURVEYOR NO.5066 �J p cna�me� r Paw. sneer No, david.deweirdt@kimley-hom.com ,� ,•.i40' ewP NNA JUNE2020 1 097906101 2OF2 WOFFORD,MATT 6119/20203:19 PM"DALFF010ATAIPROJECTDAL_SURVEI'�DB7e06101-LITSEY CREEK COTTAGEiDWQWNNE%ATxxJ EXHIBRS1lR9EY_ANNEX TIDN Annexation—AX-20-001 Ordinance No.24401-09-2020 Exhibit D Municipal Services Agreement Annexation—AX-20-001 Ordinance No.24401-09-2020 CITY SECRETARY Zo2o COI TRACT NO. 5 01 b ION MUNICIPAL SERVICES AGREEMENT BETWEEN THE CITY OF FORT WORTH,TEXAS AND RUSSELL AND KELLI RAGSDALE, NOLIN AND SAMMYE RAGSDALE,I AM ONE, INC., CORNERSTONE BIBLE CHURCH, RANDAL DWAYNE MAHAN, LITSEY PROPERTY, LLC, AND LOVJOT MANSHIANA AND MANJOT MASHIANA. This Municipal Services Agreement ('Agreement") is entered into on day of by and between the City of Fort Worth, Texas, a home-rule municipality of the State of Texas, ("City") and the following owners (collectively, "Owner"): 1) Russell and Kelli Ragsdale; 2)Nolin and Sammye Ragsdale; 3) I AM ONE, Inc.; 4) Cornerstone Bible Church; 5) Randal Dwayne Mahan; 6) Litsey Property, LLC; and 7) Lovjot Mashiana and Manjot Mashiana. 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 64.57 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-20-001 ("Annexation Case"); WHEREAS, City and Owner desire to set out the City services to be provided for the Property on or after the effective date of annexation; WHEREAS,the Annexation Case and execution of this Agreement are subject to approval by the Fort Worth City Council; and 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 OFFICIAL RECORD Owner-Initiated Annexation Service Agreement CITY SECRETARY WORTH,TX Annexation Case. 2. INTENT. It is the intent of the City that this Agreement provide for the delivery of full, available municipal services to the Property in accordance with state law, which may be accomplished through any means permitted by law. For purposes of this Agreement, "full municipal services" means all services provided by the City within its full-purpose boundaries, including water and wastewater services and excluding gas or electrical service. 3. MUNICIPAL SERVICES. a. Commencing on the Effective Date, the City will provide the municipal services set forth below. As used in this Agreement, "providing services" includes having services provided by any method or means by which the City may extend municipal services to any other area of the City, including the City's infrastructure extension policies and developer or property owner participation in accordance with applicable city ordinances,rules,regulations, and policies. i. Fire —The City's Fire Department will provide emergency and fire protection services. ii. Police — The City's Police Department will provide protection and law enforcement services. iii. Emergency Medical Services — The City's Fire Department and MedStar (or other entity engaged by the City after the Effective Date)will provide emergency medical services. iv. Planning and Zoning—The City's Planning and Development Department will provide comprehensive planning, land development, land use, and building review and inspection services in accordance with all applicable laws, rules, and regulations. v. Parks and Recreational Facilities—Residents of the Property will be permitted to utilize all existing publicly-owned parks and recreational facilities and all such facilities acquired or constructed after the Effective Date(including community service facilities, libraries, swimming pools, etc.), throughout the City. Any private parks, facilities, and buildings will be unaffected by the annexation; provided, however, that the City will provide for maintenance and operation of the same upon acceptance of legal title 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 Building—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 Owner-Initiated Annexation Service Agreement 2 of 7 services in accordance with the City policies and procedures and applicable laws. ix. Water and Wastewater to Existing Structures — Occupied structures that are using water-well and on-site sewer facilities on the Effective Date may continue to use the same. If a property owner desires to connect an existing structure to the City water and sewer system, then the owner may request a connection and receive up to 200 linear feet of water and sewer extension at the City's cost for each occupied lot or tract in accordance with the City's "Policy for the Installation of Community Facilities" and applicable law. Once connected to the City's water and sanitary sewer mains, the water and sanitary sewage service will be provided by the City at rates established by City ordinances for such service. x. Solid Waste Services—The City will provide solid waste collection services in accordance with existing City ordinances and policies, except where prohibited 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. Owner-Initiated Annexation Service Agreement 3 of 7 7. INTERPRETATION. The parties to this Agreement covenant and agree that in any litigation relating to this Agreement, the terms and conditions of the Agreement will be interpreted according to the laws of the State of Texas. The parties acknowledge that they are of equal bargaining power and that each of them was represented by legal counsel in the negotiation and drafting of this Agreement. 8. GOVERNING LAW AND VENUE. Venue shall be in the state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division and construed in conformity with the provisions of Texas Local Government Code Chapter 43. 9. NO WAIVER. The failure of either party to insist upon the performance of any term or 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 By: Dana BVghdofIV Assistant City Manager Approved as to Form and Legality: Senior Assistant City Attorney A st: ' Of ry Kayser r City Secretary Approvals: Ordinance No. 9,4LA(A-C h }tB I a9 5: ao ao- t�4117ao State of Texas § County of Tarrant § This instrument was acknowledged before me on the day of 20?�, by Dana Burghdoff, Interim Assistant City Manager of the City of Fort Worth, a.Texas municipal corporation, on behalf of said corporation. B SELENA ALA Notary Public, State Of Texas Notary Public, State of Texas S. . �\� Comm. Expires 03-31.2024 Notary ID 132422528 � taJ6 �C`vJ�}• � i Owner-Initiated Annexation Service Agreement 5 of 7 PROPERTY OWNER 4"" Russell Ragsdale Kelli Ra sdale STATE OF § COUNTY OF § This instrument was acknowledged before me on the I day of J L?-' , 20M, by Russell Ragsdale. B �� o� PVP ��, CHRISTOPHER RYAN }: `,gyp (/e�� *%� S Notary Public,State of Texas WPZ Comm. Expires 02-05-2022 Notary Public OF �` Notary ID 131437275 STATE OF § COUNTY OF ,=-NTa A/ § This instrument was acknowledged before me on the �day of yLy , 20W, by Kell i Ragsdale. CHRISTOPHER RYAN• By: — �0 a%Notary Public, State of Texas cx: _ 9: }Q Comm.Expires 02-05-2022 Notary Public 'v;; ;,;;�`' Notary Iq 131437275 r r �A 3 a t..,_v..._.�..—.. Owner-Initiated Annexation Service Agreement '=0 PROPERTY OWNER 44 0/164 Nolin Ragsdale Sammye Ra dale STATE OF § COUNTY OF § This instrument was acknowledged before me on the day of , 20,,26 by Nolin Ra sdale. Y FVe`�^ KIMBERLY E THOMAS *; *_Notary Public,State of Texas BY .W.+��Comm,Expires 08=23-2021 -.,,aF�,.•` NotarylD 779426-8 Notary Public STATE OF I�ixCG § COUNTY OF § This instrument was acknowledged before me on the day of A 20, by Sammye Ragsdale. 40RY P�@ KIMBERLY E THOMAS *; *=Notary Public,Stale of Texas By:_ �;'i9 � Comm.Expires 08-23-2021 %;l;oFS;;.•`• Notary ID 179426-8 Notary Public n Owner-Initiated Annexation Service Agreement 7 cf 7 PROPERTY OWNER 1 AM ONE, Inc., a Texas incorporated company By: Robert Courtney Ragsdale, resident — CV STATE OF COUNTY OF �- § This instrument was acknowledged before me on the day of , 20,qo by Robert Courtney Ragsdale,as President of I AM ONE, Inc., a Texas incoi rate c mpany,on behalf of said '.ncorporated company. pY p � KIMBERLY E THOMAS *=Notary Public,State of Texas By: i 9 ��?Comm.Expires 08-23-2021 "Z ;Fil Notary ID 179426-8 Notary Public N k Owner-Initiated Annexation Service Agreement 8 of PROPERTY OWNER Cornerstone Bible Church :By Signature Title Printed Name STATE OF -7k S § COUNTY OF b § This instrument was acknowledged before me on the /�_day of Jct, , 20'ZO by We,,H a. (Name, Title)of Cornerstone Bible Church. ABIGAIL BEAD By: a, -NotaryPublic,State of Texas Notary Public ,q = Comm.Expires 07-30-2023 Notary ID 132108850 OFFICIAL RECORD MY SECRETARY I FT. WORTH,7 Owner-Initiated Annexation Service Agreement 9 of 7 s PROPERTY OWNER Randal Dwayne Mahan STATE OF � QS� § COUNTY OF tkftbn § This instrument was acknowledged before me on the day of UVIJ , 24P by Randal Dwayne Mahan. By: GY1 '"p° •: SUSAN MAHAN Notary Public s' My Notary ID#125021037 `•';g'oF s�t,'� Expires August 13,2020 Owner-Initiated Annexation Service Agreement 10 of 7 PROPERTY OWNER Litsey Property, LLC a.Texas limited liability company By: 2)LJ1�1Q� Si ature 1 Title Luj/ Printed Name STATE OFF,��— § COUNTY OF r § is nstru entwad acknowledged before me on the�day of L , 2" by (Name,Title)ofLitsey Property,L C, exas limited liability ompany, on behalf of said limited liability company. By: t►,wr Notary.Public ?o, � LaVeda Johnson * MY Commission Expires 0810212023 �CF ID No.3687594 -J � l Owner-Initiated Annexation Service Agreement 1 I of 7 PROPERTY OWNER Lovjot Mashiana Manjot Mashiana Lovjo Mashiana Manjot a i ana STATE OF (2 COUNTY OF F 4&&:C✓1 § This instrument was acknowledged before me on the day of , 209Z by Lovjot Mashiana. FE� LAUREN ENDSLEY ary Public,State of Texas mm. Expires 04-21-2024 otary ID 132445237 otary Public STATE OF j .-JCL S § COUNTY OF aj=r-(,q § This instrument was acknowledged before me on the day of ` 20o�G by Manjot Mashia f, r •ill PY P''�i LAUREN ENDSLEY ---Notary Public,State of Texas 1C ;7'e: P Comm. Expires 04-21.2024 ''1f°iml`' Notary ID 132445237 OFFMOAL RECORD i pLTV FT WL 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 ITSEY ROAD - �� :P4- gal AVARY4 EWDTN.s1.8W. ULD LI'TSt=Y ROAD 4-12i& T iun T+i RL12E+7477 { rniTrdw,i L,lattirT eAr "m.'._••-,.r•:.s lIIY4i�/d1a7 u(x;isvlaYrtre(F exucl t� cMm r aara+ir�lii�/Hrl�rr ILM �.�}-�_ cosrui�oa�tr 1.2h18�'3T23 .camrto 1 cvtenaMAC" 3V.ft7' r"knrIr • R!!@f3ELLR, AiEaWIFE '4w'S1'E IHBd.ILt.>617' lr55 1 a� ratMM.ranmma3v MSfiP Lj?A hr rF f I , LARAaT. THAI.fkjx cr Ll"EYhA0#f*ry iiG Rr'595 00 C ' m fa fA pti bw. .M 1+0wulloi4 LRS53-.96� M6N nR ar-r. IA E..M CDr43'19"4F40"VJ { 1Q.wa it�snoirraan `-�-.. � oRfilrT, �� �`�_ Tj !roll.®1Y p� WHIORW F►1r':I,Y IiY+ItTIVEP.IIH IP -r'tBY.§iuSEf?# � 9 �r+vc+;194¢dWli7 j��. GbLiE'J 11i.1t+LhiYAi D.RQi:T �'F'.57 ACRES �F7i lEASCrL�7F 31OL.16�PC.ai 4IFL1.G7. - . -F3N.5.i�O[A Of 1 N$•wQ�1 OM WRY T.W_'r 51.7'A' 1=7d3,�s4' I AN CW MC 'ssrmerw / .CAUCT 157;95' � a 4Y.ACAElWT 3-74�61 OAYIWIC,,FIC �I IFi<T.MD.:ti�#�007'Rm I�•+aF.rr,� 4� rxa c r. L=M.2v L%=At}.41 N21°1M.'E pt=$23.[70 Ea CM 1829G' L=$Q if nt 1ortrwalsrr+ Cf3=N1 G=490, 119. 1 1 a T AI*Ii5 tt tP is P"'•"`�A4.f""� 518'4tY32`tit ; s 464M 3 wr is -- 18 *JII.VJIW � r�� sncraracna.a+�s �, at ru i•n.se Aa:RE TNvicr z4Liw 11T'.rN. J 4r .4�' NOL01 R LrAP44 ?J.4i$T?K 5 A.U1. /¢#7•per',ih yy Ur Yti t,r �^``'"`- a,;;r.,�a„N-«MPy � +BI..IC}'CWATER Vil,I� A r F t7I D C 7, ` .3 ra,liA:W -r i HBI4yPC1EFtwF . . - p .0-p4ALTt TRACT-- UWT n RID c�T� fir: /xjrE I 1'r ` gib ANNEXATION OF _rWs duruumdd"l wa8 prepared In1QY R2 TAC 64.57 ACRES SITUATIED IN §6n21.r�ffV rri 40 Ow r&Ihl@fa flr an an F A_ROBINSON SUR VEYi A�S1RA�:T NI4_i'f 1I} Ihia grxHind sLmrr�,and U not ba ton used 6o rt �t r•'" ••.,L Convey or etsinblah irrlernua in*d proparjo ' A,HENDERSONE SURVEY,ABSTRACT NO.596 eXMPI dwa If ixi and 4*05ite Imptlod G+ CI7l(OF ECFtT U+JpRTiH BTJ. eslabktwd by" orr4ourA praibn .. . DEN6"f€IN 00UNTY,TEXAS of Ora boWndary al the poltcel i ubditrlsian fnr, 6141 I J pT rNYEII h wtaa proparod. •"'"r" R K1. 1y)))H+ �" REISTER6F}PRQF $Iir1L aAVIE)J,De W4EIRDT {��:'`� i3iy!Ibd Ncrd,nri 4aYaa Curga TIL M.IK31 ar MM .... �: nv!�4.,=.••.•s�a realr�+rris r..1 .*ar�,3ri LAI'4[?SURVEYOR N O.5�� davkLdeurdlldl, kirellery ham.cart> , ,� 3sMr& :trx "� fr ;v I"AfHI:xLWJ rl f3 i x.'aq._31B.WT+pLI 7srefmx"llm.IT.�.{Y_pNNEYAI- Owner-Initiated Annexation Service Agreement I of 3 EXHIBIT A Continued "'ANNEXATION DE CRiPT ON" BEING a tract of land situated in the Archibald:Robinson Survey,Abstract No. 1119,and the Allen Henderson Survey,Abstnui No.596, Denton County,Texas and being a {art of at called 117.364 acre tract of land described in the Warranty Deed to Ndlin Ragsdale recorded iin Volume 15n, Page 83, deed Records, Diantorl County. Taxas; and being.aH of a r'alled 1.00'eaf3r tract of land described in tine Warranty Dead to tussah Ragsdale and wife, Kelii Lyn ow Ragsdale,, recorded in Instrument No,93-R0063334,Official Records,Denton minty,Texas;part of a called 40.00 acre tract cd land described in the Warranty'Deed to I ADA ONEr INC., recorded in Instrument No. 99- 1100.37320,. Official Records, benton County, Texas; a part of a called 5-11 acre tract of land described in the 'warranty Deed vAth 1lendcWe Lien, to Cornerstone Bible Church, recorded in Instrument No..20.17-215595,Official Rmf , a*nton County, Toxab; a part of a ra:lacl 1.124 acre track of land described in a Warranty Deed with'Vendor's Lien, to Litsay Property LLC. recorded In Instrument No. 201S36010, O'fftial Recoirds, Denton Goodly; 'Bras, part of a called 5,001 acre tract of land described in the General Warrrarrty Deed with Vends Lien,.to REmndal L'hua" Mahan, recorded in In meat No, 2013- 6UO, Official Records, 'Defnton Courshy', Tinas: a part of a callod 5,0 acres tm& of land daserlbed in Deed to Bluestone Nalural Resouirces II, L.LC, recorded In Instrument No.2016-40923,Official Records, Denton county,Texas,and bung more patirticularty described in Instriimeant No, 13-1;5769, Ofricisl R,eords, Denton Coumty, 'texas, and being more partimdad9y dewlbed as fc8o ; BEGINNING at the nprttMverst corner or said 117.E acre tract of laird and Ding in the east line of a called.92.202 acre tract:of land described in the Dedication [ems'to the City of Fort Worth, Texas, recorded In Instrument No- 2019-83300, Offr4all Records, Denton County, Texas, and being in the cod south right-cf-way tine of Utsey FWaad la vwiab4e-wldtli prescnpuVe right-of way) and the south Tale of that called 33T r�� $are tract of land described In the city of Fort Worlh Ordinance No. JrQ87, whidi annexW a total of 405.525 acres, into the City of Fart Worth, (Annexation Casa No. A-40C�-12 dated November 14,2DOO); THENCE with said and soartb right-of-way line of Litsey Road and the north Nna al Bald 111.364 acre tired of land,and tie north line of saw 0-03Q3 acre tract, and the north brie of said 5,11 acre tract,and sand south lisle of sao d 337_765 Gore tract,the fo_llowirig c ourees i3nd distances: North SV2210 East,a distance of 790.23 Resat; North 8IF3773" East,:a distanaa of 332_07 feet the northwest czrner of a Galled 0,.D803 acre Iract of land des bed In the Special Wammty Deed to Denton CaUnty, Texas, recorded In Vollui 5549, Page 131, Official Ramos, IDenton County, Texal. arid being In the sew south right-of-way tine of Liitwy Road to variable width right-of-vray) and the t�eginrliing of a non:-tangent curve to the right haviVL a c:onval angle of 6°4F54', a radius of 1,260.00 feet, and a Nord hearing and distance of fSouth K*415'12` Ease, M8.6a leek THENCE in-a Southeasterly c ireotlon With said-curve to the right and said new south right-0- way line of Ivey Road an arc distance of 148.77 feet; THENCE cantlnWrig w►h said new south right-of-way tine of Lhsey Road, North 8904851' East, a distarars of 52.39 feet; 1 of d Owner-Initiated Annexation Service Agreement 2 of 3 EXHIBIT A Continued THENCE leavin seld newarn.rlh right -way One of Litsey Road, over and across said 5111 acre hvd; said 1.124 -a.CM treat; said 51001 acne track said 117,364 acre Iraq; said 40.-DG acre track and said 5.0 acre Iraq,the fokwing murses and diwtancesi South VOEPAIX l aask, a distanos of 3M27 feat to the beginning of a tangwt nerve to the right having a central angle.oaf 3750' ., a radius of 5n5 00 feet, a rltord bearing and distance of South 1$646'4(r WerA, 347.00 feet; 1n a eoulhumatMy direction, with said curve to ft ripbt. an am dislara 'of 3.53-31)feet to a point for comer: South 3r42'OZ' Waot a distelrwe of+4557.11 feet to a point.in [he west line of said 40,DC acre tract. SoLdh 37042W Welt, a'distanrce of 500.80 feat to the beginning-of a tangent curve to the Ieft having as ce*w a of 74"5126'.:a radius of 575-00,111eet, a drord]searing and distafte of SatO W16118"Weak 5'!94 feet; In a s%mAhwesberly dil on.v>ft send curve to the left;an arc distance of 751.25 feast; 5auth.37'0 6"East,a distance of 119.51 leis ter the northwest cvm�of Lot 1,Block 31, Seventeen lakes,an addiction to,the City of Fart Worth,Tema,according to the pbAtherW record in tit No,2UM-10l,Official ial Records,Dwtttn County.Texas,also being at the rolh teemincrs Una of Buokwater Way(a 50-foot right-sway)and being in a north Ime of a called 201.6829 ate,f>ad of lalrrd desciibed in the City of Far#Worth Ordinance W. 14056, which annexed a'totat of 282.001 9aw irft the City of Fort Worth (Aninexati n Casei N6 A-W-11 dated January 11, 2000) '1'HME South M"Si!!726'West with the 60"VinOn line of saW 201.6829 wm Inu t and sad north terminus line of BuckwaterlVWay,o'diskaance.of 60.45)Beet to the north co nerof Lot 513, 131-pok 25, of said SBventean Lakes.aC 0lon, THENCE over and across said 5:0 acre tract and said 40.00 acm tract, the ffftw ft crimes and dlstar�oa�� North 37'°M'26"West:, a distance of 112.48 feet to a point at the t"inkiing of a tangent curve to ft right having a central angle of 45tEMT', a radous *f 62510 feet, a chord bearing and distance of North 14004M."V*st,.400.06 took; In a northwesterly diraectiorr, with said curve to the right, an arc distance of:5D3`$5 neat to a point In said wrist tiny of the 413.00. acre tract~ THENCE with said west line of`thy 40.00 acre tract, South 58'19'16'lest, a cu6tatice of 157-93 feaetT THENCE South g'4042"'11Mfest. over and-across said 40,00 acre track, passing at a distance of 300.97 feet an angle pant the west One afaW 40.00 acne IracL core Muing atom sAW west fire In all for a distance of 4601,68feet; 2of4 Owner-Initiated Annexation Service Agreement 3 of 3 EXHIBIT A Continued THENCE South 89a11401 VVW, over.wd across said 117.364 am tract. a diskt nca of 916.06 feet a point in the c Qrnmdn 110e of said 'f 17-364 acre trail and the aforemeryfloned 92.202 acts track sarm being an east line:of a caked 1,390,976.acre tract of land described in the My of Fart VVodh.Ordinance No. t4357,which annexed a total of 1,n2.974 acres into the City of Fit Wa th (Annexation Cram No_G-0Oa dated,tuna 20, 1 S69) THENCE w1h the said common line and east live of said 1,390,976 acre tart, tha following courses and diatancas, North 2.10192V East, a distance of 482.' feet, (Worth 50'5V 4"West, a distanco of 671.34 feet; North 6°20 21" East,a distance of 61.74 feet; North 64"3914' Fast; a distance of 1,153,02 feet; North 1` ,925" East, a distance of 7588.27 feet to the P01, OF BEGINNING and containing _57 acres Df land my e.or less. This document was prepared under 22 TAC 63.21, dose not reflect the v"As of an on the ground auyeyr,and is not to be used to convey or establizih intere¢tH in real property e=ept those rights and Jnteresls implied or established by the oroaWn or recorlf€guration of the boundary of the poWcal sulocrivision 1br which it was prepared, AV IFIOT tP 3 of 4 Owner-Initiated Annexation Service Agreement 4 of 3 City of Fort Worth, Texas Mayor and Council Communication DATE: 09/15/20 M&C FILE NUMBER: M&C 20-0643 LOG NAME: 06AX-20-001:OWNER-INITIATED ANNEXATION,ORDINANCE SUBJECT (Future CD 7)Conduct Public Hearing,Authorize Execution of Municipal Services Agreement and Adopt Ordinance for the Proposed Owner- Initiated Annexation of Approximately 64.60 Acres of Land in Denton County,Known as Litsey Creek Cottages, Located East of 1-35 West and South of Chadwick Farms Subdivision along Litsey Road, in the Far North Planning Sector,AX-20-001 (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 64.60 acres of land in Denton County located east of I- 35 West,south of the Chadwick Farms subdivision along Litsey Road as shown on Exhibit A; 2. Authorize Execution of Municipal Services Agreement between the City and property owners, 1)Nolin&Sammye Ragsdale;2)Russell& Kelli Ragsdale;3)Randal Dwayne Mahan;4)1 AM ONE, Inc;5)Cornerstone Bible Church;6)Litsey Property, LLC;and 7)Bluestone Natura Resources II, LLC;and 3. Adopt ordinance annexing AX-20-001 for full purposes. DISCUSSION: On July 17,2020, representatives for the property owners 1)Nolin&Sammye Ragsdale;2)Russell&Kelli Ragsdale;3)Randal Dwayne Mahan; 4)1 AM ONE, Inc; 5)Cornerstone Bible Church;6)Litsey Property, LLC;and 7)Bluestone Natural Resources II, 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 east of 1-35 West,south of the Chadwick Farms subdivision along Litsey Road. The owner-initiated annexation contains approximately 64.60 acres of land. The subject area is currently agricultural,church, residential and vacant land. The property is proposed for residential type development. The case was heard by City Plan Commission on August 25,2020 and made an approval recommendation to City Council. On August 12th,the related zoning case(ZC-20-080)was heard by the Zoning Commission,and the commission voted to recommend approval of the requested zoning to City Council. The requested zoning is PD/CR Planned Development for all uses in"CR"Low Density Multifamily plus cottage community;with development regulation standard to MFD Multifamily Development submission and fencing/signage within the front yard setback,site plan included for cottage community only. 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 voluntary annexation abuts approximately 0.0303 acres of county right-of-way.Under Section 43.106 of the Texas Local Government erode"a municipality that proposes to annex any portion of a county road or territory that abuts a county road must also annex the entire width of a :ounty road and the adjacent right-of-way on both sides of the county road."The annexation of the 0.0303 acres is the required right-of-way portion :)f the county road. 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, erode Compliance and Transportation and Public Works Departments,the fiscal impact shows a slightly negative effect to the General Fund for the irst year, but will have a positive impact thereafter. Due to the area meeting the City's annexation criteria and the positive fiscal impact over the text 10 years, Staff recommends approval of the requested owner-initiated annexation,AX-20-001. Fhe 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 and adopt an ordinance annexing the Litsey Creek Cottages. Jpon approval of the annexation request,the property 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 lave a long-term positive impact to the General Fund. Submitted for City yManager's Office by: Dana Burghdoff 8018 Originating Business Unit Head: D.J. Harrell 8032 Additional Information Contact: Leo Valencia 2497 Annexation AX-20-001 Exhibit Addition of approximately 64.6 Acres to become part of Council District 7 == ..... ...............:::: I � 4 - -' ak �'---- � 17 L. Tarran LLJ F !r W .- - jt t' fa LITSEY I Jf J r w ::J Ld CC i x Z C. LL; [_w L) Zi Lilac' l N� U]kk r Fc I:. -Sl L LOIAx O p i LU w .. w a w .� .. —ram - wtC. ��' - � �' •Y z z ' 0 UP ORTWO T . 0 420 840 1,680 Feet Fort Worth l l t l Planning&Development Department DESIGNATION 1:14,400 9/11/2020 Full Purpose Adjacent Cities COPYRIGHT 2020 CITY OF FORT WORTH UNAUTHORIZED REPRODUCTION IS A ® Limited Purpose �_� County Boundaries 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: 09/15/20 M&C FILE NUMBER: M&C 20-0643 LOG NAME: 06AX-20-001:OWNER-INITIATED ANNEXATION,ORDINANCE SUBJECT (Future CD 7)Conduct Public Hearing,Authorize Execution of Municipal Services Agreement and Adopt Ordinance for the Proposed Owner- Initiated Annexation of Approximately 64.60 Acres of Land in Denton County, Known as Litsey Creek Cottages,Located East of 1-35 West and South of Chadwick Farms Subdivision along Litsey Road,in the Far North Planning Sector,AX-20-001 (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 64.60 acres of land in Denton County located east of I- 35 West,south of the Chadwick Farms subdivision along Litsey Road as shown on Exhibit A; 2. Authorize Execution of Municipal Services Agreement between the City and property owners, 1)Nolin& Sammye Ragsdale;2)Russell& Kelli Ragsdale;3)Randal Dwayne Mahan;4) 1 AM ONE, Inc;5)Cornerstone Bible Church;6)Litsey Property, LLC;and 7)Bluestone Natural Resources 11,LLC;and 3. Adopt ordinance annexing AX-20-001 for full purposes. DISCUSSION: On July 17,2020, representatives for the property owners 1)Nolin&Sammye Ragsdale;2)Russell&Ke1Ii Ragsdale;3)Randal Dwayne Mahan; 4)1 AM ONE, Inc;5)Cornerstone Bible Church;6)Litsey Property, LLC;and 7)Bluestone Natural Resources II, 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 east of 1-35 West,south of the Chadwick Farms subdivision along Litsey Road. The owner-initiated annexation contains approximately 64.60 acres of land. The subject area is currently agricultural,church, residential and vacant land. The property is proposed for residential type development. The case was heard by City Plan Commission on August 25,2020 and made an approval recommendation to City Council. On August 12th,the related zoning case(ZC-20-080)was heard by the Zoning Commission,and the commission voted to recommend approval of the requested zoning to City Council. The requested zoning is PD/CR Planned Development for all uses in"CR"Low Density Multifamily plus cottage community;with development regulation standard to MFD Multifamily Development submission and fencing/signage within the front yard setback,site plan included for cottage community only. 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 voluntary annexation abuts approximately 0.0303 acres of county right-of-way.Under Section 43.106 of the Texas Local Government Code"a municipality that proposes to annex any portion of a county road or territory that abuts a county road must also annex the entire width of a county road and the adjacent right-of-way on both sides of the county road."The annexation of the 0.0303 acres is the required right-of-way portion of the county road. 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. Due to the area meeting the City's annexation criteria and the positive fiscal impact over the next 10 years,Staff recommends approval of the requested owner-initiated annexation,AX-20-001. 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 and adopt an ordinance annexing the Litsey Creek Cottages. Upon approval of the annexation request,the 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