HomeMy WebLinkAboutOrdinance 24530-11-2020 ORDINANCE NO. 24530-11-2020
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 132.362 ACRES
OF LAND, MORE OR LESS OUT OF THE J.D. KYLE SURVEY,
ABSTRACT NO. 792 AND THE C. JACKSON SURVEY,
ABSTRACT NO. 754, AND APPROXIMATELY 3.875 ACRES OF
LAND MORE OR LESS OF RIGHTS-OF-WAY OUT OF THE J.D.
KYLE SURVEY, ABSTRACT NO. 792, IN PARKER COUNTY,
TEXAS (CASE NO. AX-20-003) 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 Aledo
Independent School District, the owners, requesting the full-purpose annexation of
132.362 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, Aledo
Independent School District and the City negotiated and entered into a written agreement,
City Secretary Contract No. 54?)-1-9-)_, for the provisions of municipal services in the
area; and
WHEREAS, the Property abuts 3.875 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 November
17, 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 132.362 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 132.362 acres of land situated in the J.D. Kyle Survey,Abstract No. 792 and the C.
Jackson Survey, Abstract No. 754, Parker County, Texas, being a portion of that certain
tract of land described in deed to Aledo Independent School District (Aledo I.S.D.),
according to the deed filed in Volume 2583, Page 1480, Deed Records of Parker County,
Texas(D.R.P.C.T.);and being more particularly described by metes and bounds as follows:
BEGINNING in the most southerly west line of said Aledo I.S.D. tract, also being in the
east line of a tract of land described in deed to Kevin W. Van, J.C.D., D.D., Bishop of the
Catholic Diocese of Fort Worth, as filed in Volume 2459, Page 1357, D.R.P.C.T., and also
being the northwest corner of the proposed Right-of-Way (R-O-W) line for Old
Weatherford Road, from which a smooth 5/8 inch iron rod found at the southwest corner
of said Aledo I.S.D. tract, and called south Right-of-Way (R-O-W) line of said Old
Weatherford Road per Aledo I.S.D. deed, also being the southeast corner of said Catholic
Diocese tract, bears S 01°12'46"E, a distance of 74.08 feet;
THENCE N 01012'46" W, along the most southerly west line of said Aledo I.S.D. tract,
and along the east line of said Catholic Diocese tract, at a distance of 1125.78 feet passing
a 1/2 inch iron rod found for reference, and continuing in all, a distance of 1513.03 feet to
the approximate center of a creek, also being a re-entrant corner of said Aledo I.S.D. tract,
and the northeast corner of said Catholic Diocese tract;
THENCE along the most northerly south line of said Aledo I.S.D. tract, the north line of
said Catholic Diocese tract, and along the approximate center of a creek, the following
courses and distances;
S 75048'50" W, a distance of 373.75 feet;
N 79051'40" W, a distance of 269.21 feet;
S 59050'27" W, a distance of 310.63 feet to the east line of a tract of land described
in deed to FWFW Holdings, Inc., as filed in Instrument #201410303, D.R.P.C.T.,
Annexation—AX-20-003 Ordinance No.24530-11-2020
also being the most westerly southwest corner of said Aledo I.S.D. tract, and being
the northwest corner of said Catholic Diocese tract;
THENCE N 01012'46" W, along the west line of said Aledo I.S.D. tract, and along the
east line of said FWFW Holdings tract, at a distance of 78.23 feet passing a 1/2 inch iron
rod with cap stamped "Miller 5565", found for northeast corner of said FWFW Holdings
tract, also being the southeast corner of Lot 14, Block 68, Morningstar, an addition to
Parker County, Texas, as filed in Cabinet E, Slide 179, Plat Records of Parker County,
Texas (P.R.P.C.T.), and continuing along said line passing the east line of Lots 9 thru 13
and said Lot 14 of said Block 68, at total distance of 378.42 feet passing a 1/2 inch iron rod
with cap stamped "CBG Surveying", found for northeast corner of said Lot 9, also being
the southeast corner of the remainder of tract 2, as described in deed to Wilbow-
Morningstar Development, Inc., as filed in Instrument #201523102, D.R.P.C.T., and
continuing along the west line of said Aledo I.S.D. tract,passing along the east line of said
Wilbow-Morningstar tract, also passing along the east line of Lot 1X, Block 38,
Morningstar, an addition to Parker County, Texas, as filed in Cabinet D, Slide 559,
P.R.P.C.T., in all, a distance of 1720.70 feet to the northwest corner of said Aledo I.S.D.
tract, also being in the east line of said Lot 1 X, also being the southwest corner of a tract
of land described in deed to Moncrief Properties LLC, a Texas limited liability company,
as filed in Instrument#201932829, D.R.P.C.T., and being in the approximate centerline of
Mary's Creek;
THENCE along the northerly line of said Aledo I.S.D. tract, the approximate center of
Mary's Creek and south line of said Moncrief Properties tract, the following courses and
distances;
S 73022'40" E, a distance of 83.60 feet;
S 54°25'31" E, a distance of 119.33 feet;
S 34°42'35" E, a distance of 218.19 feet;
S 10'51'04" E, a distance of 303.28 feet;
S 83045'29" E, a distance of 252.72 feet;
N 76°19'58" E, a distance of 612.36 feet;
S 57°59'20" E, a distance of 67.68 feet;
S 23°54'43" E, a distance of 235.92 feet;
S 73°14'01" E, a distance of 100.07 feet;
N 88°22'55" E, a distance of 177.19 feet;
S 44002'49" E, a distance of 245.23 feet;
S 49°20'15" E, a distance of 316.04 feet;
S 63°47'36" E, a distance of 111.76 feet;
Annexation—AX-20-003 Ordinance No.24530-11-2020
N 76°50'55" E, a distance of 164.42 feet;
S 82°23'31" E, a distance of 138.47 feet;
S 67°30'36" E, a distance of 319.90 feet;
S 44°45'25" E, a distance of 180.44 feet;
S 78°45'48" E, a distance of 53.43 feet;
N 77°47'20" E, a distance of 92.51 feet;
N 72°51'l7" E, a distance of 84.98 feet;
N 62°02'55" E, a distance of 99.84 feet;
S 86°37'55" E, a distance of 100.31 feet;
S 51°58'58"E, a distance of 229.43 feet to the northeast corner of said Aledo I.S.D.
tract, also being in the approximate center of Mary's Creek, also being in the south
line of said Moncrief Properties tract, and also being the northwest corner of a tract
of land described in deed to Weatherford College of the Parker County Junior
College District, as filed in Volume 2583, Page 1474, D.R.P.C.T.;
THENCE S 10046'29"W,along the east line of said Aledo I.S.D.tract,and along the west
line of said Weatherford College tract, a distance of 1202.61 feet to a 5/8 inch iron rod
found at the most easterly southeast corner of said Aledo I.S.D. tract, also being the most
westerly southwest corner of said Weatherford College tract, also being the northwest
corner of a tract of land described in deed to Aledo Independent School District, according
to the deed filed in Volume 2682,Page 958,D.R.P.C.T.,and also being the northeast corner
of a tract of land described in deed to Regina Grammer, according to the deed filed in
Volume 2438, Page 899, D.R.P.C.T.;
THENCE S 89045'35" W, along the most easterly south line of said Aledo I.S.D. tract
(Vol. 2583, Pg. 1480), and along the north line of said Grammer tract, a distance of 250.41
feet to a 3/8 inch iron rod found at the northwest corner of said Grammer tract, also being
a re-entrant corner of said Aledo I.S.D. tract (Vol. 2583, Pg. 1480);
THENCE S 11033'30" E, along the most southerly east line of said Aledo I.S.D. tract
(Vol. 2583, Pg. 1480), and along the west line of said Grammer tract, a distance of 349.60
feet to the northeast corner of the proposed R-O-W line for said Old Weatherford Road,
from which a 3/8 inch iron rod found at the southwest corner of said Grammer tract, also
being in east line of said Aledo I.S.D. tract (Vol. 2583, Pg. 1480), bears S 11033'30" E, a
distance of 88.64 feet;
THENCE S 88037'48" W, over and across said Aledo I.S.D. tract, along the proposed
north R-O-W line for said Old Weatherford Road, a distance of 2085.31 feet to the POINT
OF BEGINNING and containing 132.362 acres of land.
Annexation—AX-20-003 Ordinance No.24530-11-2020
"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."
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 3.875 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
Annexation—AX-20-003 Ordinance No.24530-11-2020
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 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 I?f
Melin a Ramos J. Kayser
Senior Assistant City Attorney City Secretary
ADOPTED AND EFFECTIVE: November 17, 2020 (Z)
Annexation—AX-20-003 Ordinance No.24530-I I-2020
EXHIBIT A
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Annexation—AX-20-003 Ordinance No.24530-11-2020
Exhibit B
Legal Description for Right-of-Way
"A Portion of Old Weatherford Road"
Being 3.875 acres of land situated in the J.D.Kyle Survey,Abstract No.79Z Parker County,
Texas,being a portion of that certain tract of land described in deed to Aledo Independent
School District(Alecto I.S.D.),according to the deed filed in Volume 2593,Page 1490,Deed
Records of Parker County,Texas(D.R.P.C.T.),and being more particularly described by
metes and bounds as follows:
BEGINNING at a smooth 518 inch iron rod found at the southwest comer of said Aledo
I.S.D.tract and called south Right-of-Way(R-O-W)line of said Old Weatherford Road per
Aledo I.S.D.deed,also being the southeast comer of a tract of land described in deed to
Kevin W. Van,J.C.D., D.D., Bishop of the Catholic Diocese of Fort Worth, as filed in
Volume 2459,Page 1357,DJLP.C.T.,from which a 1/2 inch iron rah,found for reference in
the most southerly west line of said Aledo I.S.D.tract;also being in the east line of said
Catholic Diocese tract,bears N 01°12'46"W,a distance of 1199.96 feet;
THENCE N 01°12'46" W,over and across said Old Weatherford Road,along the most
southerly west line of said Aledo I.S.D.tract,and along the east line of said Catholic Diocese
tract,at a distance of 74.08 feet to the northwest corner of the proposed new R-O-W line for
said Old Weatherford Road;
THENCE N 88037'48"F.,over and across said Aledo I.S.D.tract,along the proposed new
north R-O-W line for said Old Weatherford Road,a distance of 2095.31 fat to the most
southerly east line of said Aledo I.S.D.,also being in the west line of tract of land described
in deed to Regina Grammer, according to the deed filed in Volume 2438, Page 899,
D.R.P.C.T.
THENCE S 11*33'30"E, over and across said Old Weatherford Road, along the most
southerly east line of said Aledo I.S.D.tract,and along the west line of said Grammer tract,
at a distance of 75.87 feet passing a 3/9 inch iron rod found at the southwest comer of said
Grammer tract,and continuing in all,a distance of 88.64 fat to the southeast corner of said
Aledo I.S.D.tract and called south R-O-W line of said Old Weatherford Road per Aledo
I.S.D. deed, also being in the north line of a variable width R-O-W dedicated for Old
Weatherford Road,as per the plat of Walsh Ranch-Quail Valley,an addition to the City of
Fort Worth,Parker County,Texas,as filed in Cabinet E,Slide 513,P.R.P.C.T.;
THENCE S 88059'20" W, along the south of said Aledo I.S.D. tract and called south
R-O-W line of said Old Weatherford Road per Aledo I.S.D.deed,passing along the north
line of a variable width R-O-W dedicated for Old Weatherford Road,per said plat of Walsh
Ranch-Quail Valley,also passing along the north line of Walsh Ranches Limited Partnership,
as filed in Volume 1699,Page 1765,D.R.P.C.T.,and also passing along the north line of Goo
Beggs III et al,as filed in Volume 204,Page 497,D.R.P.C.T.,in all,a distance of 2101.23
fat to the POINT OF BEGINNING and containing 3.875 acres of land.
August 11,2020 I e
Theron W.Sims,RP.LS. -THERON W S$
Texas Reglsballon No.688 y51i87 a~
Surveyed on the ground March 18,2020 1��Ess°-Q,
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"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-20-003 Ordinance No.24530-11-2020
Exhibit C
Map of Right-of-Way
"A Portion of Old Weatherford Road"
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Annexation—AX-20-003 Ordinance No.24530-11-2020
Exhibit D
Municipal Services Agreement
Annexation—AX-20-003 Ordinance No.24530-11-2020
CITYSECRETARY
COi TRA T NO. 5
23
Gy 010 MUNICIPAL SERVICES AGREEMENT
BETWEEN THE CITY OF FORT WORTH,TEXAS AND
ALEDO INDEPENDENT SCHOOL DISTRICT
This Municipal Services Agreement ("Agreement") is entered into on QJW day of
MQ J&n gL , A?b by and between the City of Fort Worth, Texas, a home-rule
municipality of the State of Texas, ("City") and Aledo Independent School District
("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 Parker County,Texas,
which consists of approximately 132.363 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-20-003 ('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 fall, 1
available municipal services to the Property in accordance with state law, which may be
RECEIVED
OFFICIAL RECORD
Owner-Initiated Annexation Service Agreement CO�SECRETARY t1mEo��flH
G e Ct YSEGKM
FT WORTH,TX
accomplished through any means permitted by law. For purposes of this Agreement, "full
municipal services" means all services provided by the City within its full-purpose
boundaries,including water and wastewater services and excluding gas or electrical service.
3. MUNICIPAL SERVICES.
a. Commencing on the Effective Date, the City will provide the municipal services
set forth below. As used in this Agreement, "providing services" includes having
services provided by any method or means by which the City may extend municipal
services to any other area of the City, including the City's infrastructure extension
policies and developer or property owner participation in accordance with
applicable city ordinances,rules,regulations,and policies.
i. Fire—The City's Fire Department will provide emergency and fire protection
services.
ii. Police — The City's Police Department will provide protection and law
enforcement services.
iii. Emergency Medical Services —The City's Fire Department and MedStar (or
other entity engaged by the City after the Effective Date)will provide emergency
medical services.
iv. Planning and Zoning—The City's Planning and Development Department will
provide comprehensive planning, land development, land use, and building
review and inspection services in accordance with all applicable laws, rules,
and regulations.
v. Parks and Recreational Facilities—Residents of the Property will be permitted
to utilize all existing publicly-owned parks and recreational facilities and all such
facilities acquired or constructed after the Effective Date(including community
service facilities, libraries, swimming pools, etc.), throughout the City. Any
private parks, facilities, and buildings will be unaffected by the annexation;
provided,however,that the City will provide for maintenance and operation of
the same upon acceptance of legal title thereto by the City and appropriations
therefor. In the event the City acquires any other parks, facilities, or buildings
necessary for City services within the Property,the appropriate City department
will provide maintenance and operations of the same.
vi. Other Publicly Owned Buildings—Residents of the Property will be permitted
to use all other publicly owned buildings and facilities where the public is
granted access.
vii. Stormwater Utility Services — The Property will be included in the City's
Stormwater Utility service area and will be assessed a monthly fee based on the
amount of impervious surface.The fees will cover the direct and indirect costs
of stormwater management services.
viii. Roads and Streets (including Street lighting)—The City's Transportation and
Public Works Department will maintain the public streets and streetlights over
which the City has jurisdiction. The City will provide regulatory signage
services in accordance with the City policies and procedures and applicable
laws.
ix. Water and Wastewater to Existing, Structures — Occupied structures that are
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.
8. GOVERNING LAW AND VENUE. Venue shall be in the state courts located in Tarrant
County, Texas or the United States District Court for the Northern District of Texas, Fort
Worth Division and construed in conformity with the provisions of Texas Local Government
Code Chapter 43.
9. NO WAIVER. The failure of either party to insist upon the performance of any term or
provision of this Agreement or to exercise any right granted hereunder shall not constitute a
waiver of that party's right to insist upon appropriate performance or to assert any such right
on any future occasion.
10. GOVERNMENTAL POWERS. It is understood that by execution of this Agreement, the
City does not waive or surrender any of its governmental powers or immunities.
11. COUNTERPARTS. This Agreement may be executed in any number of counterparts,each
of which shall be deemed an original and constitute one and the same instrument.
12. CAPTIONS. The captions to the various clauses of this Agreement are for informational
purposes only and shall not alter the substance of the terms and conditions of this Agreement.
13.AGREEMENT BINDS AND BENEFITS SUCCESSORS AND RUNS WITH THE
LAND. This Agreement is binding on and inures to the benefit of the parties,their successors,
and assigns. The term of this Agreement constitutes covenants running with the land
comprising the Property, is binding on the Owner and the City, and is enforceable by any
current or future owner of any portion of the Property.
14.ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the
parties and supersedes all prior oral and written agreements between said parties. This
Agreement shall not be amended unless executed in writing by both parties.
Executed as of the day and year first above written to be effective on the effective date of
annexation of the Property.
Owner-Initiated Annexation Service Agreement 4 of 7
CITY OF FORT WORTH PROPERTY OWNER
ALEDO INDEPENDENT SCHOOL
DISTRICT
By: By:
Dana B ghdo Earl . Husfeld
Assistant City Manager Chie Financial Offic 'r
Approved as to Form and Legality:
lYl+q
Senior Assistant City Attorney
At
a Kayser °}'�' , t.� ,- •�'r r.
Ci Secretary .• '(�
Approvals: (""
M&C ap
Ordinance No. m-A-aoao
State of Texas §
County of Tarrant §
This instrument was acknowledged before me on the ?y day of #Y /Y,202�)
by Dana Burghdoff,Assistant City Manager of the City of Fort Worth, a Texas municipal
corporation,on behalf of said corporation.
By-.1 rI n p _ .�....,r,.
X SELENA ALA
r 'prY A t�
Notary Public,State of Texas
Notary Public, State of Texas ll% a� Comm.Expires 03-31-2024
Notary ID t32422528
trrntiti
OFFICIAL RECORD
CITY SECRETARY
WORTH,TX
Owner-Initiated Annexation Service Agreement 5 of 7
STATE OF TEXAS §
COUNTY OF PARKER §
This instrument was acknowledged before me on the 21st day of September , 2020,
by Earl H. Husfeld,Chief Financial Officer of the Aledo Independent School District on
behalf of Aledo Independent School District.
By:�
BEVERLY A.NANSON
Notaryublic
Public State of Texas Notary TEXAS
� ��M� * STATE Or T!1(AS
IDX10S4601-0
My Comm.Exp duns 28,2024
OFFICIAL RECORD
RECORD
CITY SECRETARY
FT.WORTH,TX I
Owner-Initiated Annexation Service Agreement L "_ --Uzr7 "
After Recording Return to:
City Secretary
City of Fort Worth
200 Texas Street
Fort Worth,Texas 76102
Owner-Initiated Annexation Service Agreement 7 0£7
EXHIBIT A
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Owner-Initiated Annexation Service Agreement 1 of 3
EXHIBIT A
Continued
"ANNEXATION DESCRIPTION"
Being 132.362 acres of land situated in the J.D.Kyle Survey,Abstract No.792 and the C.
Jackson Survey,Abstract No.754,Parker County,Texas,being a portion of that certain tract
of land described in deed to Aleda Independent School District(Aledo I.S.D.),according to
the deed Pled in Volume 2583, Page 1480, Deed Records of Parker County, Texas
(D.R.P.C.T.);and being more particularly described by metes and bounds as follows:
BEGINNINC in the most southerly west line of said Alcdo I.S.D.tract,also being in the
east line of a tract of land described in deed to Kevin W.Van,J.C.D.,D.D.,Bishop of the
Catholic Diocese of Fort Worth,as filed in Volume 2459,Page 1357.D.R.P.C.T.,and also
being the northwest comer of the proposed Right-of-Way(R-O-W)line for Old Weatherford
Road,from which a smooth 5/8 inch iron rod found at the southwest comer of said Aledo
I.S.D.tract,and called south Right-of-Way(R-O-W)line of said Old Weatherford Road per
Aledo I.S.D.deed,also being the southeast corner of said Catholic Diocese tract,bears S
01°12'46"E,a distance of 74.08 feet;
THENCE N 01'12'46"W.along the most southerly west line of said Aledo I.S.D.tract,and
along the east line of said Catholic Diocese tract,at a distance of 1125.78 feet passing a 1/2
inch iron rod found for reference,and continuing in all,a distance of 1513.03 feet to the
approximate center of a creek,also being a re-entrant comer of said Aledo I.S.D.tract,and
the northeast comer of said Catholic Diocese tract;
THENCE along the most notthcrly south line of said Aledo I.S.D.tract,the north line of
said Catholic Diocese tract, and along the approximate center of a creek, the following
courses and distances;
S 75°48'50"W,a distance of 373.75 feet;
N 79*51'40"W,a distance of269.21 feet;
S 59°50'27"W,a distance of 310.63 feel to the east line of a tract of land described
in deed to FWFW Holdings, Inc.,as filed in Instrument#201410303, D.R.P.C.T.,
also being the most westerly southwest comer of said Aledo I.S.D.tract,and being
the northwest corner of said Catholic Diocese tract;
THENCE N 01°12'46"W,along the west line of said Alcdo I.S.D.tract,and along the cast
line of said FWFW Holdings tract,at a distance of 78.23 feet passing a 1/2 inch iron rod with
cap stamped"Miller 5565",found for northeast corner of said FWFW Holdings tract,also
being the southeast comer of Lot 14,Block 69,Morningstar,an addition to Parker County,
Texas,as filed in Cabinet E,Slide 179,Plat Records of Parker County,Texas(P.R.P.C.T.),
and continuing along said line passing the east line of Lots 9 thru 13 and said Lot 14 of said
Block 68,at total distance of 378.42 feet passing a 1/2 inch iron rod with cap stamped"CBG
Surveying",found for northeast comer of said Lot 9,also being the southeast comer of the
remainder of tract 2,as described in deed to Wilbow-Morningstar Development,Inc.,as filed
in Instrument 4201523102, D.R.P.C.T.,and continuing along the west line of said Aledo
I.S.D.tract,passing along the east line of said Wilbow-Momingstar tract,also passing along
the cast line of Lot I X.Block 38,Momingstar,an addition to Parker County,Texas,as Pled
in Cabinet D,Slide 559,P.R.P.C.T.,in all,a distance of 1720.70 feet to the northwest comer
Shed I ar4
AI.0 20152
Owner-Initiated Annexation Service Agreement 2 of 3
EXHIBIT A
Continued
S 51°58'58"F.a distance of 229A3 feet to the northeast comer of said Aledo I.S.D.
tract,also being in the approximate center of Mary's Creek,also being in the south
line of said Moncrief Properties tract,and also being the northwest comer of a tract
of land described in deed to Weatherford College of the Parker County Junior College
District,as filed in Volume 2583,Page 1474,D.R.P.C.T.;
THENCE S 10°46'29"W,along the east line of said Aledo I.S.D.tract,and along the west
line of said Weatherford College tract,a distance of 1202.61 feet to a 518 inch iron rod found
at the most easterly southeast comer of said Aledo I.S.D.tract,also being the most westerly
southwest corner of said Weatherford College tract,also being the northwest comer of a tract
of land described in deed to Aledo Independent School District,according to the deed filed
in Volume 2692,Page 958,D.R.P.C.T.,and also being the northeast corner of a tract of land
described in deed to Regina Grammer,according to the deed filed in Volume 2438,Page
899,D.R.P.C.T.;
THENCE.S 89°45'35"W,along the most easterly south line of said Aledo I.S.D.tract(Vol.
2583,Pg. 1480),and along the north line of said Grammer tract,a distance of 250.41 feet to
a 3/8 inch iron rod found at the northwest comer of said Grammer tract,also being a re-
entrant comer of said Aledo I.S.D.tract(Vol.2583,Pg.1480);
THENCE S 11033'30"E.along the most southerly cast line of said Aledo I.S.D.tract(Vol.
2583,Pg. 1480),and along the west line of said Grammer tract,a distance of 349.60 feet to
the northeast corner of the proposed R-O-W line for said Old Weatherford Road,from which
a 319 inch iron rod found at the southwest comer of said Grammer tract,also being in east
line of said Aledo I.S.D.tract(Vol.2583,Pg.1480),bears S 119310"E,a distance of 88.64
feet;
THENCE S 88°37'48"W,over and across said Aledo I.S.D.tract,along the proposed north
R-O-W line for said Old Weatherford Road,a distance of 2085.31 fe t to the POINT OF
BEGINNING and containing 132.362 acres of land. 14 Tg
e
THEE 6 W.SIMS
08 'August 10,2020 e "
Vtr,5W�Si.s.R.P.L.S. 9oF5887o��
Texas Registration No.5887 �r .Feat oQ,
Surveyed on the ground March 18,2020 No suavEt
"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."
Sheet 3 of 4
ALO 20152
Owner-Initiated Annexation Service Agreement 3 of 3
Annexation AX-20-003 Exhibit
Addition of approximately 136.24 Acres to become part of Council District 3
?;# er Tarrant
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0 395 790 1,580 Feet
Fort worth
Planning&Devebpment Department
DESIGNATION 8/2V2020
1:14,400
j Full Purpose Adjacent Cities
® Limited Purpose ) Count Boundaries COPYRIGHT F AP CITY OF FORT WORTH UNAUTHORIZED REPRODUCTION IS L
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: 11/17/20 M&C FILE NUMBER: M&C 20-0840
LOG NAME: 06AX-20-003 AISD MS NO.2—OWNER INITITATED
SUBJECT
(FUTURE CD 3) Conduct Public Hearing,Authorize Execution of Municipal Services Agreement and Consider Adopting Ordinance for the
Proposed Owner-Initiated Annexation of Approximately 136.24 Acres of Land in Parker County, Known as Aledo ISD MS No.2, Located North of
Old Weatherford Road, East of Farmer(Farm to Market 3325)and West of Walsh Ranch Parkway, in the West Planning Sector,AX-20-003
(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 136.24 acres of land in Parker County,located North of
Old Weatherford Road, East of Farmer(Farm to Market 3325)and West of Walsh Ranch Parkway as shown on Exhibit A;
2. Authorize execution of Municipal Services Agreement between the City and property owner,Aledo Independent School District;and
3. Adopt ordinance annexing approximately 132.362 acres in Parker County,Texas and 3.875 acres of county right-of-way(AX-20-003)for full
purposes.
DISCUSSION:
On August 13,2020, representatives for the property owners Aledo Independent School District(AISD),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 Parker County. The site is located north of Old Weatherford Road,east of Farmer(Farm to Market 3325)and
west of Walsh Ranch Parkway. The owner-initiated annexation,which is approximately 132.362 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 a public middle school is consistent with the future land use map of the 2020 Comprehensive Plan.
The proposed annexation has a related preliminary plat(PP-20-053)that was submitted on September 14,2020. The preliminary plat boundary is
adjacent to Fort Worth City Limits on the south side. On September 16,2020,the related zoning case(ZC-20-116)was heard by the Zoning
Commission, and the commission voted to recommend approval of the requested zoning to City Council. The requested zoning is "CF"
Community Facilities.
The annexation site is adjacent to Walsh Ranch. The proposed annexation site will be accessed from Old Weatherford Road which AISD will be
responsible for improvements to that portion that is adjacent to their property. Improvements on Old Weatherford will be accepted by the City of
Fort Worth for maintenance upon completion. Old Weatherford Road is shown as a Neighborhood Connector,two-lane, No Special Facility,
Center two-way left turn lane, No Parking,Off-street sidepath, 110 foot wide,on the City's Master Thoroughfare Plan[NCO-L2-TO-TWLT-PO-BOP
(110)].
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 3.875 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 3.875 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. 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. As a school the property will not generate tax revenue. However, due to the area experiencing urban development and
meeting the City's criteria for full-purpose annexation,staff recommends approval of the requested owner-initiated annexation,AX-20-003.
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-20-003 for full purposes.
Upon approval of the annexation request,the property will become part of COUNCIL DISTRICT 3.
KCAL 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