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HomeMy WebLinkAboutOrdinance 24626-12-2020 ORDINANCE NO. 24626-12-2020 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 29.867 ACRES OF LAND, MORE OR LESS, OUT OF THE JOSE CHIRINO SURVEY, ABSTRACT NO. 265 AND THE THOMAS LOGAN SURVEY, ABSTRACT NO. 1797, IN TARRANT COUNTY, TEXAS (CASE NO. AX-20-004) 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 TSMJV, LLC, the owners, requesting the full-purpose annexation of 29.867 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, TSMJV,LLC and the City negotiated and entered into a written agreement, City Secretary Contract No. F , 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: AX-20-004 Ordinance No.24626-12-2020 Page 1 of 6 SECTION 1. That all portions of the Property, comprising approximately 29.867 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 all that certain lot, tract or parcel of land situated in the Jose Chirino Survey, Abstract No. 265 and the Thomas Logan Survey, Abstract No. 1797, Tarrant County, Texas, and being that called 29.867 acre tract, save and except a called 20.00 acre tract of land described in deed to Quaint Melody, LTD., recorded in Instrument No. D205244308, Deed Records,Tarrant County, Texas, and that called 20.00 acre tract of land described in deed to Ashley M. Classen and Eva Jo Bailey, husband and wife, recorded in Instrument No. D193202097, Deed Records, Tarrant County, Texas, and being more particularly described as follows: BEGINNING at the southeast corner of said 20.00 acres,being in the north line of Keller- Haslet Road; THENCE N 89030'00" W, with the south line of said 20.00 acres, and the north line of Keller-Haslet Road, a distance of 525.74 feet to the southwest corner of said 29.867 acres, and the east line of Hillcrest Estates, an addition to Tarrant County, Texas, according to the plat thereof recorded in Volume 388-183, Page 51, Plat Records, Tarrant County, Texas; THENCE N 00002'15" W, with the east line of said Hillcrest Addition, a distance of 2019.82 feet to the northeast corner of Lot 4, Block 2, of the aforementioned Hillcrest Addition, and the most southerly southeast corner of a called 4.290 acre tract of land described in deed to Frank T. Sanker and Carol D. Sanker, recorded in Instrument No. D213305714, Deed Records, Tarrant County, Texas; THENCE N 00°01'50" W, a distance of 451.91 feet to an ell corner of said 4.290 acre tract and the northwest corner of said 29.867 acres; THENCE N 89030'27" E, a distance of 227.51 feet to the most easterly southeast corner of said 4.290 acre tract, and the southwest corner of Lot 1-R-2, Block 2, Hillcrest Estates an addition to Tarrant County, Texas, according to the plat thereof recorded in Volume A, Page 7246, Plat Records, Tarrant County, Texas; THENCE N 89°28'06" E, with the south line of said Lot 1-R-2, a distance of 297.51 feet to the southeast corner thereof, being the northeast corner of said 29.867 acres; THENCE S 00°03'10" E, with the east line of said 29.867 acres, a distance of 2481.03 feet to the POINT OF BEGINNING and containing approximately 29.867 acres of land. AX-20-004 Ordinance No.24626-12-2020 Page 2 of 6 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 City Council without the incorporation in this ordinance of any unconstitutional phrase, clause, sentence, paragraph or section. SECTION 7. SAVING CLAUSE The City Council hereby declares it to be its purpose to annex to the City of Fort Worth every part of the area described in Section 1 of this ordinance,regardless of whether any part of such described area is hereby not effectively annexed to the City. Should this AX-20-004 Ordinance No.24626-12-2020 Page 3 of 6 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: Vic Melinda Ramos a J. Kayser Senior Assistant City Attorney P ity Secretary (2) ADOPTED AND EFFECTIVE: December 15, 2020 AX-20-004 Ordinance No.24626-12-2020 Page 4 of 6 EXHIBIT A Annexation Exhibit 29.867 Acres of Land Situated in the lose Ch I r lno,Abetract No. 265 e n d t III 7 h P m a a Logan S u r v e y, A b Itt r a c t N o. 1 7 9 7 Tarrant County, Te aaa ' N W3W2T E N 628W E 227.51' 297.5�iZ 3 L4�5 B 7 8 9 10 11 12 ip Lot IR2.Bieck] 1gOf3EP01NTE ROAD I e •^ }$ "Imcrest Estates- 1 1 2 3 4 5 6 7 71 o , A/7246 7 r ^ L7P m 4 39 38 37 3 35 34 cS 4 O Q 12 Z CALLED 29.867 ACRES 5 QUAINT MELODY,LTD. 6 1 38 ]MST.NO.D205244308 7 2 37 1 t SAVE b EXCEPT e 3 36 11 1 t 4 CALLED 20.00 ACRES 9 4 35 _1 Gy l 5 34 11 33 1 12 6 32 10 5 J¢ 13 t a t 31 �vJn 14 9 �a 75 104,�P,�,�—� 6 5 1 N �1 A 17 II � mot; 18 B l�ia` 7 P 1; 0 1s 0 l i W 21 7 B b2 b 1 CALLED 20.00 ACRES E1>r►'E.�M y9�*, rf llri"Ne P�N ASNIEY M.0.A59EN r- d8 {4�t"'� 8 W1� AND 10 g1 EVA Jo BAILEY ¢ �� ——- VOLUME 11240.PAGE INST.NO.D193202097 �{pD 3 J Yi. 4 I ( ,t 9 O Lot 2.ol 1A (city Pakj Y 3 t (t 12 G1 0 �'1 2g6 Norwat li9dga 1� p Let 7R,Block 3 }.. Hawat Rldig J Addit 2 U 13 0202142228 8 y 10 tt 12 g FIWRE MEADOW CT r t 74 Lot 8R,Block �Fa idge Addition 5 4 3 2 1 ETJ 0202t tlarveat R 42228. CITX X PRI mplN 69'30'DO'W 625.7A` PQ KELLER HASLET ROAD od 2 McPherson Ronc1 D206041123 TT to 8 76 5i41312i1i 111213141516171819101Er L28,_ The11. cAdama Compeny,Ina a " 111 HOW*0dve 350 0 go 70D Feel 'v (►' 3 L.e7davwe,Tarp 75057 4 972.436.9712 Job NP.SPEG29917 Oetr.SeptengwI4,2920 81r.WtM Page20f2 ,2fi'� M:►ProleruViOg3PEC15PEG20677 t4aratarWr fanns�Onwh:pVaningWEG20017AEdrg aoi ca,ttryVlawCrM =k Ronwkq T.*!"76262 TNcdommm wt prepared uMer22 TAC468i.21,does not rethtl thereiufLLd an mthe vp /`1 ,(A� 940.240,i012 "ou"syryq.,andlt not to be wed to own"a eMMash Ieunst in reel pmWty inept •1Cl 1DAMS 1BPE:19762 78PLS:101""0 1.djMaend hMnN*nPMed a eslaWWWd by tM 042000 a nxon9guratlon of the 'k v 1. hasWryof the Paetkd wbdhiYPn for which h was pwpaed. AX-20-004 Ordinance No.24626-12-2020 Page 5 of 6 Exhibit B Municipal Services Agreement AX-20-004 Ordinance No.24626-12-2020 Page 6 of 6 �Cy CITY SECRETARY 5 05 G0N'TRP.0T Nn .. MUNICIPAL SERVICES AGREEMENT BETWEEN THE CITY OF FORT WORTH,TEXAS AND c TSMJV, LLC This Municipal Services Agreement ("Agreement") is entered into on oda y of 'Y1f11 ?D2t� by and between the City of Fort Worth, Texas, a hm -rule municipality of the State of Texas,("City") and TSMJV, LLC ("Owner"). RECITALS The parties agree that the following recitals are true and correct and form the basis upon which the parties have entered into this Agreement. WHEREAS, the City is currently classified as a Tier 2 municipality for purpo es 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 ent into a written agreement with the property owner(s) that sets forth the City services to be provid d for the Property on or after the effective date of annexation(the"Effective Date"); WHEREAS, Owner owns certain parcels of land situated in "I'arrant CC unl , Texas, which consists of approximately 29.867 acres of land in the City's extraterr torial jurisdiction, such property being more particularly described and set forth in Exhibi "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-20-004 ("Annexation Case"); i WHEREAS, City and Owner desire to set out the City services to be provided t�r 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�f the Annexation Case. i 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 Owner-Initiated Annexation Service Agreement 1 of 7 municipal services" means all services provided by the City within its full-pwpose 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 pro ection services. ii. Police — The City's Police Department will provide protection an law enforcement services. iii. Emergency Medical Services — The City's Fire Department and MedS ar (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 Departme t 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 a I such facilities acquired or constructed after the Effective Date(including comr lunity 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 opera ion of the same upon acceptance of legal title thereto by the City and appropr ations therefor. In the event the City acquires any other parks, facilities, or bu ldings necessary for City services within the Property,the appropriate City depa Iment 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 Transportati n and Public Works Department will maintain the public streets and streetlighi s over which the City has jurisdiction. The City will provide regulatory s gnage services in accordance with the City policies and procedures and app icable 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 Owner-Initiated Annexation Service Agreement 2 of 7 i i 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 cast for each occupied lot or tract in accordance with the City's "Policy ffir the Installation of Community Facilities" and applicable law. Once conne ted 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 sere Ices 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 Prope y. xii. Full Municipal Services — Commencing on the Effective Date, the Ci y will provide to the Property all services provided by the City within its full-p irpose boundaries and not otherwise listed above, except as provided in Sectio 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 al 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 s ecific 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,infirastnicture, and infrastructure maintenance that is comparable to the level of services, infrastructu e, 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 Prope 5. AUTHORITY. City and Owner represent that they have full power, authority and legE I 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 tf e 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 unenforce ability will not affect the validity of any other part,term or provision, and the rights of the parti s 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 interloreted according to the laws of the State of Texas. The parties acknowledge that they are o equal bargaining power and that each of them was represented by legal counsel in the nego iation Owner-Initiated Annexation Service Agreement 3 of 7 i 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 Goveniment 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 tht 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 TSMJV,LLC By: By: - Dana B do B Jaf i, Assistant City Manager Managing Pa er Approved as to Form and Legality: Senior Assistant City Attorney Att (A, �Z a Kayser Cit Secretary Approvals: M&C 02 f( 5 Ordinance No. IQW9 9M State of Texas § County of Tarrant § This instrument was acknowledged before me on the day of OZd by Dana Burghdoff,Assistant City Manager of the City of oFor Worth,a Texas municipal corporation, on behalf of said corporation. By. "o,yp''% SELENA ALA Ja td. Notary Public.state of Texas Notary Public, State of Texas Comm.Expires 03.31-2024 Notary ID 132422528 OFFICIAL R CORD CITY SECRI TARY d M WORr 1,TX Owner-Initiated Annexation Service Agreement 5 of 7 STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on the 12T" day of November, 2020, by Benny Jafari, Managing Partner of TSMJV, LLC. By: ip.- 9;��L<W Notary Public, State of Texas a1Pr� Elora La Parker �r�j� Lucia 6y Corrdnmp n E)irea •4 jJy 0611512022 ID No.12563&= 01 Cps SF�REARY Y.e_ K,TX Owner-Initiated Annexation Service Agreement 6 of 7 After Recording Return to: City Secretary City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 i i l I II I i i Owner-Initiated Annexation Service Agreement 7 of 7 EXHIBIT A Annexation Exhibit 29.867 Acres of Land Situated In the to as C h l r i n o,A b a t r a c t No, 2 6 S a n d t h e T h o m as L 0 9 an S u r r e y, A b t t r e c t N o. 1 7 9 7 Tarrant County, Tawas � N 89'30'27'E � N 89120186'E 227.51' —297.61' 3 4 5 61718 9 10 II 12 Jtl 1 2 t4b Lo,1R2,Block 3 RIDOEWT POE ROAD 4 ofli� ; Ngawt Ealotee 1 r 2 3 4 S B 7 13 i3 Ar245 2 I I fi S o p 39)a 37 36 35 34 k>I 7 v 12 I I 1. 2 CALLED 29.667 ACRES 5 QUAINT MILODY,LTD. 6 1 >0 37 OW.NO.OM244M 7 2 1 t SAVE!E1fC(PT 8 3 36 11 1( 11 4 CAll.m ffi00 ACRESp 4 35 y 10 1 5 34 1 F 12 7 32 10 ( ( 5 J� 13 1 8 t 31 t 14 a .�yP� 9 ( I 6 r O C. f 9� 7 �I1�. 1 1 � 7 P ctB ,B 20 8P N w21 7 �2 oi o a S ��Yy , E_^t)ae 6 9 ic W Y _— Ny "*ATTTaaa�R�++���A o I A94.EY M.D A59EN F „ap �.1 D 5 �a`6�y� rD z wEV to DALEjNFE t•——— 1 VOLUME 11240.PACE 2 OR low.NO.0193202097P a ( I n $ J � 0 Lot 2.Block to Y 3 I I ,2 G266 (at7 Pork) 7 1 CabHas Mdr .A,So.7104 Lot 7R,91-1,3 H.—t R D2021i2226 6 2 U 13 1 9 10 11 12 PROMISE MEADOW Cr c 1 14 Lot SR.Block J 9l k Horwat Ridtp Addition 5 ETJ D202142226 gA _ N 59'30W W 625.74' p SELLER NA6LET ROAD $ _ 'B' 2 McPhoam Raleh 0206041123 to R 28- 6 7 6 5 41]12111 I112131 415I61 7 8 9 10/1 12 The John R.McAdams ' O I I HR n Hidlda y,Inc. 1 t1 350 0 350 7W Feet N dra 3 LwWrb,Tes 7W57 $4 972.135,9112 Jab Ste.IWC MW7 Owe:54Ptw"w 14,2M 90 WIM PIP 2 of 2 201 CCb1�1tk1�t►ayy Ylwr OkM M:ProWN BORAMWE420pl7 N�NaRadT PWROWiaW0110A rAVUM.30037 AF.dae RLColW T4 l76262 Thbdooalaawa,N,w4paM uaadar717ACS6f3.2L sap eat Ma4t weraadtad4n an tlr > (lead arreT,aadbraotmM wad to kaarw/or aatabed IM0-Mrealwopw Varaapt MCADAMSWE:ISM TIIPM 10110/440 tM..rra,a and ln,wabi apw QwtaaWadhwuollonarararalillwd n911he r� rrarealacadaladuoawrn bsaMrydee poYA,kr1p61Midoaa l4r rdwrh Rrrw Pra►naL 1 Owncr-initiated Annexation Service Agreement 1 of 3 i EXHIBIT A Continued i BEING all that certain lot, tract or parcel of land situated in the Jose Chirino Survey,Abstract No. 265 and the Thomas Logan Survey,Abstract No. 1797,Tarrant County, Texas, and being that called 29.867 acre tract, save and except a called 20.00 acre tract of land described in d ed to Quaint Melody, LTD., recorded in Instrument No. D205244308, Deed Records, Tarrant County, Texas, and that called 20.00 acre tract of land described in deed to Ashley M. Clas en and Eva Jo Bailey,husband and wife,recorded in Instrument No. D193202097, Deed Records, Tarrant County, Texas, and being more particularly described as follows: BEGINNING at the southeast comer of said 20.00 acres, being in the north line of Keller-I aslet Road; THENCE N 89030'00" W, with the south line of said 20.00 acres, and the north line of Ke4er- Haslet Road, a distance of 525.74 feet to the southwest corner of said 29.867 acres, and the east line of Hillcrest Estates, an addition to Tarrant County, Texas, according to the plat thereof recorded in Volume 388-183, Page 51, Plat Records, Tarrant County, Texas; THENCE N 00002'15" W, with the east line of said Hillcrest Addition, a distance of 2019. 2 feet to the northeast corner of Lot 4, Block 2,of the aforementioned Hillcrest Addition, and the most southerly southeast corner of a called 4.290 acre tract of land described in deed to Frank T. Sanker and Carol D. Sanker,recorded in Instrument No. D213305714, Deed Records,Tarrant County, Texas; THENCE N 00°01'50" W, a distance of 451.91 feet to an ell corner of said 4.290 acre trac and the northwest corner of said 29.867 acres; THENCE N 89030'27" E, a distance of 227.51 feet to the most easterly southeast corner of said 4.290 acre tract, and the southwest corner of Lot 1-R-2, Block 2, Hillcrest Estates an additic n to Tarrant County, Texas,according to the plat thereof recorded in Volume A, Page 7246, Pla Records,Tarrant County, Texas; THENCE N 89028'06" E, with the south line of said Lot 1-R-2, a distance of 297.51 feet t the southeast corner thereof, being the northeast corner of said 29.867 acres; THENCE S 00003'10" E, with the east line of said 29.867 acres, a distance of 2481.03 feet to the POINT OF BEGINNING and containing approximately 29.867 acres of land. "This document was prepared under TAC§663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interest in real property except t ose rights and interest implied or established by the creation or reconfiguration of the bounda4 of the political subdivision for which it was prepared. Owner-Initiated Annexation Service Agreement 2 of 3 Annexation AX-20-004 Exhibit A Addition of approximately 29.867 Acres to become part of Council District 7 it4 o 170 1 go8 , o Marra J ' 7 KIDGEPOINTE! SAPPHIRE -- .J cr u UW I CS IuLU LLI t I 4 I ua FJOCAI LU 41 COOK M$26 � 1 P.RAIRIE MEADOW 1 rimcn i - - --- >X 0 y kURF CANE OLD RICHWO013 FI I.I=N60RD y tj FORT WORTH. 0 200 400 800 Feet Fort worth I t I t I Planning&Development Department DESIGNATION 9/16/2020 1:6,000 _ Full Purpose �Adjacent Cities Limited Purpose L Count Boundaries COPYRIGHT F A CITY L 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: 12/15/20 M&C FILE NUMBER: M&C 20-0923 LOG NAME: 06AX-20-004 NORMANDY FARMS-OWNER-INITIATED SUBJECT (Future CD 7)Conduct Public Hearing Authorizing Execution of Municipal Services Agreement and Adopt Ordinance for the Proposed Owner- Initiated Annexation of Approximately 29.867 Acres of Land in Tarrant County,Known as Normandy Farms,Located East of Park Vista,South of Alliance Gateway,West of Alta Vista along Keller-Haslet Road,in the Far North Planning Sector,AX-20-004 (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 29.867 acres of land in Tarrant County,known as Normandy Farms,located east of Park Vista,south of Alliance Gateway,west of Alta Vista along Keller-Haslet Road,in the Far North Planning Sector as shown on Exhibit A; 2. Authorize execution of Municipal Services Agreement between the City and property owner,TSMJV,LLC;and 3. Adopt ordinance annexing AX-20-004 for full purposes. DISCUSSION: On November 10,2020,representatives for the property owners TSMJV,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 Tarrant County. The site is located east of Park Vista,south of Alliance Gateway,west of Alta Vista along Keller-Haslet Road. The owner- initiated annexation contains approximately 29.867 acres of land. The subject area is currently agricultural,residential,and vacant land. The property is proposed for residential type development. The proposed use is compatible with the future land use map of the 2020 Comprehensive Plan. On December 9,2020,the related zoning case(ZC-20-143)will be heard by the Zoning Commission,and the commission will vote on the approval of the requested zoning to City Council. The requested zoning is"A-5"One-Family Residential. Subchapter C-3 of Chapter 43 of the Texas Local Government Code(LGC)provides for the process of annexation of an area upon a request of an owner of land. Section 43.0672 of the LGC requires a municipality that elects to annex an area upon the request of an owner first negotiate and enter into a written agreement with the owners of land in the area for the provision of municipal services. The agreement must include: 1. A list of each service the municipality will provide on the effective date of the annexation;and 2. A schedule that includes the period within which the municipality will provide each service that is not provided on the effective date of the annexation. The municipal services agreement includes these provisions in accordance with state law. The proposed uses were considered while assessing the financial impact to the General Fund. A fiscal impact analysis was generated with the assistance of various City Departments. The 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 annexation criteria for full-purpose annexation staff recommends approval of the requested owner-initiated annexation,AX-20-004. 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 Normandy Farms. Upon approval of the annexation request,the 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 by: Dana Burghdoff 8018 Oriainating Business Unit Head: D.J. Harrell 8032 Additional Information Contact: Leo Valencia 2497