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HomeMy WebLinkAboutOrdinance 24627-12-2020 ORDINANCE NO. 24627-12-2020 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 29.2358 ACRES OF LAND, MORE OR LESS, OUT OF THE OUT OF THE JOSIAH WALKER SURVEY, IN TARRANT COUNTY, TEXAS; SAID TRACT BEING PART OF THAT TRACT OF LAND DESCRIBED IN WARRANTY DEED TO L.C. TUBB JR. RECORDED IN VOLUME 9966, PAGE 1891 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS; SAID TRACT ALSO BEING PART OF THAT TRACT OF LAND DESCRIBED IN SPECIAL WARRANTY DEED TO L.C.T. PROPERTIES RECORDED IN VOLUME 11656,PAGE 2064 OF SAID DEED RECORDS(CASE NO. AX-20-007)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 L.C.T. Properties, a Texas General Partnership, L.C. Tubb, Jr. and Judy Brown, the owners, requesting the full-purpose annexation of 29.2358 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, 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,L.C.T. Properties, a Texas General Partnership, L.C. Tubb, Jr. and Judy Brown and the City negotiated and entered into a written agreement, City Secretary Contract No. , for the provisions of municipal services in the area; and WHEREAS,the City conducted one public hearing at which members of the public who wished to present testimony or evidence regarding the Municipal Service Agreement and Full-Purpose Annexation were given the opportunity to do so, in accordance with the procedural requirements of Section 43.0686 of the Local Government Code on December 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 29.2358 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 29.2358 acre (1,273,511 square foot) tract of land situated in the Josiah Walker Survey, Tarrant County, Texas; said tract being part of that tract of land described in Warranty Deed to L.C. Tubb Jr. recorded in Volume 9966, Page 1891 of the Deed Records of Tarrant County,Texas; said tract also being part of that tract of land described in Special Warranty Deed to L.C.T. Properties recorded in Volume 11656, Page 2064 of said Deed Records; said tract being more particularly described as follows: BEGINNING at a point for the southeast corner of said L.C.T. Properties tract; said point being in the west right-of-way line of Harmon Road(a variable width right-of-way); THENCE South 89°51'43" West, departing the said west line of Harmon Road, a distance of 1297.93 feet to a point for corner in the east line of said L.C. Tubb Jr. tract; THENCE North 0'09'16" West,along the said east line of the L.C.Tubb Jr.tract,a distance of 117.49 feet to a point for corner; THENCE South 89°45'04" West, departing the said east line of the L.C. Tubb Jr. tract, a distance of 593.54 feet to a point for corner in the west line of said L.C. Tubb Jr. tract; THENCE North 0°09'07" West, along the said west line of the L.C. Tubb Jr. tract, a distance of 932.53 feet to a point for corner; said point being the northwest corner of said L.C. Tubb Jr. tract; THENCE South 89°59'42" East, along the north line of said L.C. Tubb Jr.tract, a distance of 593.50 feet to a point for corner; said point being the northeast corner of said L.C. Tubb Jr. tract; THENCE South 0'09'16" East, along the said east line of the L.C. Tubb Jr.tract,a distance of 483.46 feet to a point for corner; said point being the northwest corner of said L.C.T. Properties tract; AX-20-007 Ordinance No.24627-12-2020 Page 2 of 6 THENCE South 89°26'16" East, along the north line of said L.C.T. Properties tract, a distance of 1295.00 feet to a point for corner in the said west line of Harmon Road; THENCE South 0°28'16" East, along the said west line of Harmon Road, a distance of 548.11 feet to the POINT OF BEGINNING and containing 29.2358 acres or 1,273,511 square feet of land, more or less. SECTION 2. The above described territory is shown on Map Exhibit A attached hereto and expressly incorporated herein by reference for the purpose of depicting the location of the hereinabove described territory. SECTION 3. That the above described territory hereby annexed shall be part of the City of Fort Worth, Texas, and the property so added hereby shall bear its pro rata part of the taxes levied by the City of Fort Worth, Texas, and the inhabitants thereof shall be entitled to all of the rights and privileges of all the citizens in accordance with the Municipal Services Agreement and shall be bound by the acts, ordinances, resolutions and regulations of the City of Fort Worth, Texas. SECTION 4. That the Municipal Services Agreement attached hereto as Exhibit"B" is approved and incorporated into this ordinance for all purposes. SECTION 5. CUMULATIVE CLAUSE This ordinance amends every prior ordinance in conflict herewith,but as to all other ordinances or sections of ordinances not in direct conflict, this ordinance shall be, and the same is hereby made cumulative. SECTION 6. SEVERABILITY CLAUSE It is hereby declared to be the intent of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the AX-20-007 Ordinance No.24627-12-2020 Page 3 of 6 City Council without the incorporation in this ordinance of any unconstitutional phrase, clause, sentence, paragraph or section. SECTION 7. SAVING CLAUSE The City Council hereby declares it to be its purpose to annex to the City of Fort Worth every part of the area described in Section I of this ordinance,regardless of whether any part of such described area is hereby not effectively annexed to the City. Should this ordinance for any reason be ineffective as to any part or parts of the area hereby annexed to the City of Fort Worth for full purposes, the ineffectiveness of this ordinance as to any such part or parts shall not affect the effectiveness of this ordinance as to the remainder of such area. SECTION 8. EFFECTIVE DATE This ordinance shall be in full force and effect upon adoption. APPROVED AS TO FORM AND LEGALITY: qk A Melinda Ramos �harjJ. Kayser Senior Assistant City Attorney City Secretary OF FO ADOPTED AND EFFECTIVE: December 15, 2020 AX-20-007 Ordinance No.24627-12-2020 Page 4 of 6 EXHIBIT A I o 160 �o THE KATHLEEN T.D. GEORGE 1 NORTH PARASKEVOPOULOS PHIRIPES GRAPHIC SCALE IN FEET L G TRUST I (VOL.5581,T.NO. PG.626) 019856) 3.50' JOL. WAYNGTHUN S89°59'42"E 59 > _ (VOL.7208,PG.1337) Q 3 R M DONALD N.JONES z DO (VOL.10145,PG.1934) O o — — — — — — N w 5 rn PART OF L.C.TUBB,JR. (VOL-9966,PG.1891) o DONALD N.JONES Q (VOL.7136,PG.586) _ t` U m 29.2358 ACRES S89°26'16"E 1295.00' 0 1,273,511 SQ.FT. z CO U J PART OF L.C.T.PROPERTIES z (VOL.11656,PG.2064) liJ rn �o o p0 N zo o 0 z S89°45'04"W 593.54' U) a� I NO°09'16"W 0 z 117.49' S89°51'43"W 1297.93' v PART OF L.C.T.PROPERTIES P.O.B. (VOL,11656,PG.2064) PART OF L.C.TUBB,JR, 2 _ (VOL.9966,PG.1891) in Z woo S 2 Z OO w AMERICO ALLIANCE LP of 6 ALLIANCE COMMUNITY (INST.NO.0219133697) a O a z FELLOWSHIP 0 O Ln F (INST.NO.D207081140) EMERGENCY FIRE PROTECTION �w z SYSTEMS,INC. cl Z v (VOL.14417,PG.416) m ( — NOTES 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 gr reconfiguration of the boundary of the political subdivision for which it was prepared. ANNEXATION EXHIBIT 0F.. JOSIAH WALKER SURVEY, �P•'' GIS7E ICHAEL C.BILLINGSLEY C;i ABSTRACT NO. 1603 REGISTERED PROFESSIONAL * :* TARRANT COUNTY, TEXAS ................................ LAND SURVEYOR NO.6558 MICHAEL CLEO BILLINGSLEY 801 CHERRY STREET, Kimley)))Horn UNIT 11 SUITE 1300 '• ,0 6558FORT WORTH,TEXAS 76102 9 9�FE5S1 O' 901 Cheny WWI%Sheet,UN7 it,6130 TeI.N°.13n1335.611 PH.817-335-6511 S URA F°nw°nh,T°,°.>•elaz FlRMa1o19goa9 w.w..irm.y.h°m.mm michael.billingsley@kimley-horn.com S 3 or°� crnd�ahy W2 Pmiqct 613119. 20 7`=300' COP MCB 1MIM2@0 OB7311900 20F2 BILLINGSLEY,MICHAEL 10fW020 3:56 PM K:1FTW—SURVEYW6131 7 900-STONEMONT HARMONID WG=1311900-STONEMONT HARMON_AS.DWG AX-20-007 Ordinance No.24627-12-2020 Page 5 of 6 Exhibit B Municipal Services Agreement AX-20-007 Ordinance No.24627-12-2020 Page 6 of 6 i CITY SECRETARY 5055 MUNICIPAL SERVICES AGREEMENT cs��e� tt BETWEEN THE CITY OF FORT WORTH,TEXAS AND L.C.T. PROPERTIES,A TEXAS GENERAL PARTNERSHIP, L.C. TUBB,JR. AND JUDY BROWN his Municipal Services Agreement ("Agreement") is entered into on day o f NMUV , %?D by and between the City of Fort Worth, Texas, a home-rule municipality of the State of Texas, ("City") and L.C.T. Properties, a Texas General Partnership, L.C. Tubb, Jr. and Judy Brown ("Owner"). RECITALS The parties agree that the following recitals are true and correct and fora► the basis upon which the parties have entered into this Agreement. i 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 i 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, which shall not become effective until the closing and funding of the purchase and sale transaction by and betweei SFG Acquisitions, LLC, as purchaser and LCT properties, LLC, L.C. Tubb, Jr. and Judy Bro n as Sellers. (the "Effective Date"); WHEREAS, Owner owns certain parcels of land situated in Tarrant County, Texas, which consists of approximately 29.2358 acres of land in the City's extraterr torial 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 anne ation of the Property, identified as Annexation Case No. AX-20-007 ("Annexation Case"); WHEREAS, City and Owner desire to set out the City services to be provided t6r the Property on or after the effective date of annexation; WHEREAS, the Annexation Case and execution of this Agreement are subj ct to approval by the Fort Worth City Council;and i NOW THEREFORE, in exchange for the mutual covenants, condition and promises contained herein.City and Owner agree as follows: 1. PROPERTY. This Agreement is only applicable to the Property, whicll`fmcs III 7R Cj"YY SECRE CRY Owner-Initiated Annexation Service Agreement ,r + 7 , ORT i i 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 ma 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-pu ose boundaries, including water and wastewater services and excluding gas or electrical se ice. 3. MUNICIPAL SERVICES. a. Commencing on the Effective Date, the City will provide the municipal se�vices set forth below. As used in this Agreement, "providing services" includes h� ving services provided by any method or means by which the City may e tend municipal services to any other area of the City, including the City's infrastr4eture 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 MedSt (or other entity engaged by the City after the Effective Date) will pm vide emergency medical services. iv. Planning and Zoning—The City's Planning and Development Departme will provide comprehensive planning, land development, land use, and bu lding 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 a d all such facilities acquired or constructed after the Effective Date (incl ading community service facilities, libraries, swimming pools, etc.), througho t 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 arks, 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 pe itted to use all other publicly owned buildings and facilities where the pu' lic is granted access. vii. Stormwater Utility Services — The Property will be included in theCity's Stormwater Utility service area and will be assessed a monthly fee bas d 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 Transportatiori and Public Works Department will maintain the public streets and streetlight over i Owner-Initiated Annexation Service Agreement 2 of 7 e i i which the City has jurisdiction. The City will provide regulatory si nage services in accordance with the City policies and procedures and appl cable 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 e isting structure to the City water and sewer system, then the owner may req est 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 ity's "Policy for the Installation of Community Facilities" and applicable law. Once connected to the City's water and sanitary sewer mains, the wat r 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 here prohibited by law. xi. Code Compliance — The City's Code Department will provide edudation, 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 it full- purpose boundaries and not otherwise listed above, except as provic ed 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 hat 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 se ices, 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 contempla ed or projected for the Property. 5. AUTHORITY. City and Owner represent that they have full power, authority andi 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 th City Council. Nothing in this Agreement guarantees favorable decisions by the City Council i 6. SEVERABILITY. If any part, term, or provision of this Agreement is held by the courts to Owner-initiated Annexation Service Agreement 3 of 7 be illegal, invalid, or otherwise unenforceable, such illegality, invalidity, or unenforce bility 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 i any litigation relating to this Agreement, the terms and conditions of the Agreement ill 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 n the negotiation and drafting of this Agreement. i 8. GOVERNING LAW AND VENUE. Venue shall be in the state courts located in T7_ant County, Texas or the United States District Court for the Northern District of Texa Fort Worth Division and construed in conformity with the provisions of Texas Local Gove ent Code Chapter 43. 9. NO WAIVER. The failure of either party to insist upon the performance of any tenn 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 arty such right on any future occasion. 10. GOVERNMENTAL POWERS. It is understood that by execution of this Agreeme t, 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 betwe n 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. i i I Owner-Initiated Annexation Service Agreement I 4 of 7 i CITY OF FORT WORTH PROPERTY OWNER L.C.T.PROPERTIES,A TEXAS GENERAL PARTNERSHIP By: 9VA By: Dana B hdoff Name: e-- -i-A _ Assistant City Manager Title: �, N}� AND By: Approved as to orm and Legality: L. .• UBB, JR. Senior Assistant City Attorney AND By: pRT,J,�. J DYB O Atte Q,� a Kayser N* , City Secretary Approvals: M&C ' Ordinance No. hLA State of Texas § County of Tarrant § This instrument was acknowledged before me on the day of&QAin�, 0�p, by Dana Burghdoff, Assistant City Manager of the City of Fort Worth, a Texas municipal corporation,on behalf of said corporation. B E=1 LENA ALA y: blic,State of Texas Expires 03-31-2024 Notary Public, State of Texasy ID 132422626 RECORD 'fed,Y,5E RETARV FT WO THLTX Owner-initiated Annexation Service Agreement STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on the ,I day of Or,-ro5F Oho, by L. C. Tubb, Jr. of L.C.T. Properties, a Texas General Partnership, on behalf of said general partnership, in its capacity as managing partner of L.C.T. Properties, a Texas General Partnership. By _ Notary Public, State of Texas Y p LINDA R.MORTIMER * % NOWY Public STATE OF TEXAS OF f4 Cwm Emp,=31= STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on the t-" day of D&-To 6F-2 , WX by L.C. Tubb,Jr. Byl41 Q Notary Public, State of Texas &_ ;1 69'"' LINDA R.MORTIMER Notary PublkSTATE OF TEXAS My Coo m tv.00/31= STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged bef'lrc me on the� day of rJ=Beg by Judy Brown. B Q Notary Public, State of Texas �P4� LINDA R.MORTIMER * � Notary Public STATE OF TEXAS 14 Coma Eqx 001r= EFT. RECORD RET'ARY TH, TX Owner-initiated Annexation Service Agreeituud 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 I��� oo u 160 a THE KATHLEEN T.� I PARASKEVOPOULOS PNIRIPES NORiN LG TRUST ( (WL 55617 NO, �• )019556) HUN S89'59'42"E 593.50' JONNYYA,P 1337 _ Na.7206,PG.1337) Q - - - - -- - 0 CY- DONALD N.JONES p (VOL.10145.PG.ION) 0— N W rn PART OF L.C.TUBB,JR. (VOL.9266,PG.1691) o DONALD N.JONES Q (VOL.7136,PG.566) _ F` Q to ate, 29.2358 ACRES S89'26'16-E 1295.00' 0 1,273,511 SO.FT. z co PART OF LC.T.PROPERTIES (VOL 11656,PG.2064) W N ,L I O S89-45'04'W 593.54' N o N0'09'16"W S89°51'43"W 1297,93' 117.49' ac~ PART OF L.C.T.PROPERTIES P.O.B. (VOL 11656,PG.2064) cc PART OF L.C.TUBB.JR I(VOt,9966.PG.1M1) I g I { rS = Z v� AMERICOALLIANCE LP p9 Y S ALLIANCE COMMUNITY (INST.NO.0219133697)2 FELLOWSHIP c9 In I (MIST.NO.0207061140) EMERGENCY FIRE PROTECTION 9� f SYSTEMS.INC. 3 —(VOL 14417,PG.416) NOTES This document was prepared under 22 TAC§W3.21,does not reflect the results of an on the ground surrey,and's not to be used to convey or establish interests in real property except those rights and interests Implied or establish44 by the Croatia gr reconfiguration of the boundary of the political subdivision for which it was prepared. ANNEXATION EXHIBIT ..OF JOSIAH WALKER SURVEY, ICHAEL C.BILLINGSLEY :' ' o ABSTRACT NO. 1603 REGISTERED PROFESSIONAL *' , • .••;*• TARRANT COUNTY,TEXAS ...... .. . . LAND SURVEYOR NO.6558 MltkiAEl ClEO Bl,l,Lii Vt3St EY 801 CHERRY STREET, 6558 v•'UNIT lev>>>Horn ORTIWORTH,TEXAS 76102 ��A9�Ff ,f;'•.. t eoi qwr s—w O N noo VOLk a,n a _ PH.817-335-6511 S U R �c a vww 4411 r...,tetw t ChKkm w tot.aw f,..err ne.,... michael.WlNngslsyQkimley-hom.com �` a`MOT I ,moo a, , , lIR1 WC:SlFY,MN:NAtt 1MV10?O]:O 1.11■Y iW SUIM YM131 IWO S TONI MONr~M0W)1VG"ITT 19W STOW MONT# MW)N_AS LYM Owner-initiated Annexation Service Agreement I of 3 i EXHIBIT A Continued METES& BOUNDS DESCRIPTION ANNEXATION EXHIBIT BEING a 29.2358 acre (1,273,511 square foot)tract of land situated in the Josiah Walker Survey, Tarrant County, Texas; said tract being part of that tract of land described in Warranty Deed to L.C. Tubt�Jr. recorded in Volume 9966, Page 1891 of the Deed Records of Tarrant County,Texas; said tract also being part of that tract of land described in Special Warranty Deed to L.C.T. Properties recorded in Vol me 11656, Page 2064 of said Deed Records; said tract being more particularly described as follows: BEGINNING at a point for the southeast corner of said L.C.T. Properties tract; said point being in the vyest right-of-way line of Harmon Road(a variable width right-of-way); THENCE South 89e51'43"West, departing the said west line of Harmon Road, a distance of 1297.93 'eet to a point for corner in the east line of said L.C.Tubb Jr.tract; THENCE North 0e09'16"West, along the said east line of the L.C.Tubb Jr.tract, a distance of 117.49 ieet to a point for comer; THENCE South 89e45'04" West, departing the said east line of the L.C. Tubb Jr, tract, a distance of 593.54 feet to a point for corner in the west line of said L.C.Tubb Jr.tract; THENCE North 0e09'07"West, along the said west line of the L.C.Tubb Jr.tract, a distance of 932.53 feet to a point for corner:said point being the northwest corner of said L.C.Tubb Jr.tract; THENCE South 89e59'42"East, along the north line of said L.C.Tubb Jr.tract, a distance of 593.50 fe t to a point for corner; said point being the northeast comer of said L.C.Tubb Jr.tract; THENCE South 0°09'16" East, along the said east line of the L.C.Tubb Jr.tract, a distance of 483.46 feet to a point for corner; said point being the northwest corner of said L.C.T. Properties tract; 11 THENCE South 89e26'16"East, along the north line of said L.C.T. Properties tract, a distance of 1299.00 feet to a point for corner in the said west line of Harmon Road; THENCE South 0e28'16"East, along the said west line of Harmon Road, a distance of 548.11 feet to,the POINT OF BEGINNING and containing 29.2358 acres or 1,273,511 square feet of land,more or less. NOTES This document was prepared under 22 TAC§663.21,does not reflect the results of an on the ground survey,a d is not to be used to convey or establish interests in real property except those rights and interests implied or establi hed by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. ANNEXATION EXHIBIT OF JOSIAH WALKER SURVEY, 'lv d�Zv �CP.���isre�oc�.gcP ICHAEL C. BILLINGSLEY ABSTRACT NO. 1603 REGISTERED PROFESSIONAL ,•*......_,••„.......... �, TARRANT COUNTY, TEXAS I LAND SURVEYOR NO.6558 MICHAEL CLEO BILLINGSLEY 801 CHERRY STREET, Kimle >>>Horn UNIT 11 SUITE 1300 •'• a 6558 Pv; FORT WORTH,TEXAS 76102 �9 F St0?'o� y'•., E S y eon cherry Street.Unit N,if1700 Tel.No.(III I) 11 PH.817-335-6511 v S B R N E Fort Worn,Texet 7e1O2 nRM.1O,V1O/o hw.tu roy-no - eM.. michael,bi!lingsley@kimley-hom.Com Sole D,.„mbr Cheuea�, P,weNNo. N/A COP MC13 1Odl2O2O 001311000 3 OF 2 BILLINGSLEY,MICHAEL 1018120203.56 PM K:1FTW_SURVEY1061311900-STONEMONT KARMONIOWGIO-31311900S1ONEMONT HARMON AS.OVJG f City of Fort Worth,Texas Mayor and Council Communication DATE: 12/15/20 M&C FILE NUMBER: M&C 20-0924 LOG NAME: 06AX-20-007 STONEMONT HARMON,OWNER-INITIATED SUBJECT (Future CD 7)Conduct Public Hearing Authorizing Execution of Municipal Services Agreement and Consider Adopting Ordinance for the Proposed Owner-Initiated Annexation of Approximately 29.2358 Acres of Land in Tarrant County,known as Stonemont Harmon, Located North of Golden Heights Road,West and Adjacent to Harmon Road,in the Far North Planning Sector,AX-20-007 (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 29.2358 acres of land in Tarrant County, Known as Stonemont Harmon,located north of Golden Heights Road,west and adjacent to Harmon Road,in the Far North Planning Sector as shown on Exhibit A; 2. Authorize execution of Municipal Services Agreement between the City and property owners, L.C.T.Properties,a Texas General Partnership,L.C.Tubb,Jr.,and Judy Brown;and 3. Adopt ordinance annexing AX-20-007 for full purposes. DISCUSSION: On October 12,2020, representatives for the property owners L.C.T.Properties,a Texas General Partnership, L.C.Tubb,Jr.,and Judy Brown, 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 Tarrant County. The site is located north of Golden Heights Road,west and adjacent to Harmon Road. The owner-initiated annexation,which is approximately 29.2358 acres, is consistent with the urban development annexation criteria as established by the City's Annexation Policy. The subject area is currently agricultural and vacant land. The property owners' proposal of industrial type development is consistent with the future land use map of the 2020 Comprehensive Plan. On November 11,2020,the related zoning case(ZC-20-158)was heard by the Zoning Commission,and the commission voted to recommend approval of the requested zoning to City Council. The requested zoning is"J"Medium Industrial. The proposed annexation site will be accessed from Harmon Road. Harmon Road is identified as a Commercial Connector on the City's Master Thoroughfare Plan[CCO-LI-TO-TWLT-PO-BOP(80)]. It will have one-lane per direction,with a two-way turn lane, no parking,and a 10-foot shared path. The proposed development will be required to dedicate their share of the right-of-way along Harmon Road to achieve 80 feet of right-of-way. Subchapter C-3 of Chapter 43 of the Texas Local Government Code(LGC)provides for the process of annexation of an area upon a request of an owner of land. Section 43.0672 of the LGC requires a municipality that elects to annex an area upon the request of an owner first negotiate and enter into a written agreement with the owners of land in the area for the provision of municipal services. The agreement must include: 1. A list of each service the municipality will provide on the effective date of the annexation,an 2. A schedule that includes the period within which the municipality will provide each service that is not provided on the effective date of the annexation. The municipal services agreement includes these provisions in accordance with state law. The proposed uses were considered while assessing the financial impact to the General Fund. A fiscal impact analysis was generated with the assistance of various City Departments. City tax revenue is expected to have a positive fiscal impact over the next ten years after the proposed development has been built. Based on the operating costs projected from the Police,Code Compliance and Transportation and Public Works Departments,the fiscal impact shows a slightly negative effect to the General Fund for the first year,but will have a positive impact thereafter. Therefore,due to the ability of the area to meet the City's criteria for full-purpose annexation staff recommends approval of the requested owner- initiated annexation,AX-20-007. 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-20-007 for full purposes. If annexed,this property will become part of COUNCIL DISTRICT 7. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that based upon approval of the above recommendation 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 b- Dana Burghdoff 8018 Originating Business Unit Head: D.J. Harrell 8032 Additional Information Contact: Leo Valencia 2497