HomeMy WebLinkAboutOrdinance 24822-04-2021ORDINANCE NO. 24822-04-2021
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 242.279 ACRES
OF LAND, MORE OR LESS, AND APPROXIMATELY 2.254
ACRES OF LAND MORE OR LESS OF RIGHTS-OF-WAY OUT OF
THE OUT OF THE BENJAMIN THOMAS SURVEY, ABSTRACT
NO. 1496, THE JUAN JOSE ALBIRADO SURVEY, ABSTRACT NO.
4, AND THE LUTICIA GOFF SURVEY, ABSTRACT NO. 633, IN
TARRANT COUNTY, TEXAS (CASE NO. AX-20-005) 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
Benchmark Acquisitions, LLC the owners , requesting the full-purpose annexation of
242.279 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,
Benchmark Acquisitions , LLC and the .G.iJ)'. negotiated and entered into a written
agreement, City Secretary Contract No. "O~ltlle , for the provisions of municipal
services in the area; and
WHEREAS, the Property abuts 2.254 acres of county roads ; and
WHEREAS, Chapter 43 , of the Texas Local Government Code requires that when
a municipality proposes to annex territory that abuts a county road the municipality must
also annex the entire width of the county road and the adjacent right-of-way on both side
of the county road; 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 C ity 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 O F
THE CITY OF FORT WORTH, TEXAS:
SECTION 1.
That all portions of the Property , comprising approximately 242.279 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
part icu larly described below and depicted as on Exhibit "A " attached to and incorporated
in this ordinance for all purposes:
BEING A 242.279-ACRE TRACT OF LAND SITU A TED IN THE BENJAMIN
THOMAS SURVEY, ABSTRACT No. 1496 , THE JUAN JOSE ALBIRADO SURVEY,
ABSTRACT No . 4 , AND THE LUTICIA GOFF SURVEY, ABSTRACT No. 633 ,
TARRANT COUNTY , TEXAS, AND BEING A PORTION OF THAT TRACT OF
LAND DESCRIBED TO WALSH RANCHES LIMITED PARTNERSHIP BY DEED
RECORDED IN VOLUME 12624, PAGE 92 OF THE OFFICIAL PROPERTY
RECORDS OF TARRANT COUNTY, TEXAS AND BEING MORE PARTICULARLY
DESCRJBED BY METES AND BOUNDS AS FOLLOWS :
BEGINNING AT A I-INCH PIPE FOUND IN THE CENTERLINE OF OLD
GRANBURY ROAD (AN 80 -FOOT WIDE RIGHT-OF -WAY) FOR THE SOUTHEAST
CORNER OF SAID WALSH RANCH TRACT;
THENCE SOUTH 89 °06'45" WEST, WITH THE SOUTH LINE OF SAID WALSH
RANCHES TRACT AND THE CENTERLINE OF SAID OLD GRANBURY ROAD , A
DISTANCE OF 978 .22 FEET TO A 3/8-INCH IRON ROD FOUND AT THE
REENTRANT CORNER OF SAID LUTICIA GOFF SURVEY;
THENCE SOUTH 00°42 '28 " EAST, CONTINUING WITH SAID SOUTH LINE AND
SAID CENTERLINE, A DISTANCE OF 320.87 TO A MAG NAIL SET FOR THE
SOUTHERNMOST SOUTHEAST CORNER OF SAID WALSH RANCHES TRACT;
THENCE SOUTH 89 °15'30" WEST, DEPARTING SAID CENTERLINE AND
CONTINUING WITH SAID SOUTH LINE, A DISTANCE OF 2 ,740.57 FEET TO THE
SOUTH COMMON CORNER OF SAID WALSH RANCHES TRACT AND A TRACT
OF LAND DESCRIBED TO ONCOR ELECTRIC DELIVERY COMPANY BY DEED
RECORDED IN COUNTY CLERK FILE No. D202329261 OF SAID OFFICIAL
Annexation -AX -20-005 Ordinance No . 24822 -04 -2021
Page 2 of 10
PUBLIC RECORDS , FROM WHICH A 60d NAIL FOUND IN A FENCELINE BEARS
SOUTH 88 °26 '54 " EAST, 1.43 FEET;
THENCE WITH THE EAST LINE OF SAID ONCOR ELECTRIC TRACT, THE
FOLLOWING COURSES AND DISTANCES:
NORTH 28 °04 '42 " EAST, A DISTANCE OF 1,870.95 FEET TO A TO A 5/8-
INCH CAPPED IRON ROD STAMPED "LJA SURVEYING" SET
(HEREINAFTER REFERRED TO AS "SET IRON ROD") FOR CORNER;
NORTH 61 °55 '18 " WEST, ADISTANCEOf 25 .00 FEET TOA TOA SET IRON
ROD FOR CORNER;
NORTH 28 °04 '42" EAST, A DISTANCE OF 1458 .01 FEET TO A TO A SET
IRON ROD FOR THE BEGINNING OF A CURVE TO THE RIGHT HAVING
A RADIUS OF 17 ,039 .00 FEET AND A CHORD THAT BEARS NORTH
29 °34'12" EAST, 887.10 FEET; WITH SAID CURVE TO THE RIGHT,
THROUGH A CENTRAL ANGLE OF 2°59 '00", AN ARC LENGTH OF 887.20
FEET TO A SET IRON ROD FOR CORNER;
NORTH 31°03'42" WEST, A DISTANCE OF 644.92 FEET TO A TO A SET
IRON ROD AT THE SOUTH LINE OF SAID OLD GRANBURY ROAD FOR
CORNER;
THENCE NORTH 89 °15'30" EAST, WITH THE NORTH LINE OF SAlD WALSH
RANCHES TRACT AND ALONG SAID SOUTH RIGHT-OF-WAY LINE , A
DISTANCE OF 1,348.52 FEET TO A MAG-NAIL SET IN THE CENTERLINE OF
SAID OLD GRANBURY ROAD FOR THE NORTHEAST CORNER OF SAME
TRACT;
THENCE SOUTH 00 °44'30" EAST, WITH SAID CENTERLINE, A DISTANCE OF
3,919.23 FEET TO THE POINT OF BEGINNING AND CONTAINING A
CA LC ULA TED ARE A OF 242.279 ACRES (l 0,553 ,672 SQ . FEET) OF LAND.
BASIS OF BEARING IS GRID NORTH, TEXAS STATE PLANE COORDINATE SYSTEM, NORTH
CENTRAL ZONE , NAD83 (2011) EPOCH 2010, AS DETERMINED BY GPS OBSERVATIONS .
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 2.254 acres of
land , are hereby annexed to the City of Fort Worth as a part of the city for all municipal
Annexation -AX-20-005 Ordinance No . 24822-04-2021
Page 3 of 10
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 sh al I be part of the City of Fort
Worth , Texas , and the property so added hereby shal I bear its pro rata part of the taxes
levied by the City ofFort Worth , Texas , and the inhabitants thereof shall be entitled to all
of the rights and privileges of all the citizens in accordance with the Municipal Services
Agreement and shall be bound by the acts , ordinances , resolutions and regulations of the
City of Fort Worth, Texas.
SECTION 5.
That the Municipal Services Agreement attached hereto as Exhibit "D" is approved
and incorporated into this ordinance for all purposes.
SECTION 6.
CUMULATIVE CLAUSE
This ordinance amends every prior ordinance in conflict herewith , but as to all other
ordinances or sections of ordinances not in direct conflict, this ordinance shall be , and the
same is hereby made cumulative.
SECTION 7.
SEVERABILITY CLAUSE
It is hereby declared to be the intent of the City Council that the sections ,
paragraphs, sentences, clauses and phrases of this ordinance are severable , and if any
phrase , clause, sentence, paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction ,
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.
SA YING 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
Annexation -AX-20-005 Ordin ance No . 248 22-04-2021
Page 4 of 10
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 FO AND LEGALITY:
~
Melinda Ramos
Senior Assistant City Attorney
ADOPTED AND EFFECTIVE: April 20, 2021
Annexation -AX-20-005
}
Ordinance No. 24822-04-2021
Page 5 of 10
700 0 700
EXHIBIT A
V Y LIN[
IARRANl
CO UNTY
242.279 ACRES
(10,"l.112 so. rrn)
TRACT 3
WALSH RANCHES
LIMITED PARTNERSHIP
VOL. 12624 , PG . 92
O.P.R.T.C.T
TRACT 1
WALSH RANCHES
LIMITED PARTNERSH IP
VOL. 12624 , PG. 92
O.P.R.T.C.T
~---·~U&YQ: ~ll~NE~--
~ N~ TRACT2
,;\)(':t'!,'!> WALSH RANCHES ~,o~\ .. o, LI MITED PARTNERSHIP
"\ ...-VOL . 12624 , PG. 92
\)\\C,~'i',1-c, O.P.R. T.C.T
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APPROX. CITY
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CITY OF
FOR T WORTH
I.R .F.
CJ.R.F.
CJ,R.S,
DISTANCE
978.22
320.87 '
2740 .57'
1870.95
25.00
U58.0 1'
644.!12
13411.52'
311111 .23
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LEGEND
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TXU ROCKY CREEK
SUBSTATION ADDITION
C.C.# 0201212673
O.P.R.T .C.T.
~R.T,C,T.
CAPPED IRON ROD SET
CAPPED IRON ROD FOUND
COUNTY CI.JlllC nL.£ No.
OfflCIAL PROPERTY RECORDS,
TAIIIWIT COUNTY, TEXAS
CURVE CENTRAL ANGLE
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DATE: 09 11/2020
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EXHIBIT "A"
ANN EXATION EXHIBIT
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ALltlADO SURVlT, MSTMCT No. 4; ANO TIIE lUTIClA GOif
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Ordinance No. 24822-04-20 2 1
Page 6 of 10
Exhibit B
Legal Description for Right-of-Way
"A Portion of Old Granbury Road"
BEING A 2.254-ACRE RIGHT-OF-WAY SITUATED IN THE JUAN JOSE
ALBIRADO SURVEY, ABSTRACT No. 4 , TARRANT COUNTY, TEXAS , AND
BEING ALL THAT PORTION OF THE EXISTING RIGHT-OF-WAY OF OLD
GRANBURY ROAD SITUATED NORTH OF A TRACT OF LAND DESCRIBED TO
WALSH RANCHES LIMITED PARTNERSHIP BY DEED RECORDED IN VOLUME
12624 , PAGE 92 OF THE OFFICIAL PROPERTY RECORDS OF TARRANT
COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF OLD
GRANBURY ROAD (A VARIABLE WIDTH RIGHT-OF-WAY) WITH THE NORTH
RIGHT-OF-WAY LINE OF SAME, FROM WHICH THE SOUTHWEST CORNER OF
LOT IX , BLOCK B , CHISHOLM TRAIL RANCH, AN ADDITION TO THE CITY OF
FORT WORTH, TARRANT COUNTY , TEXAS AS SHOWN BY PLAT RECORDED
IN COUNTY CLERK FILE NO. D220120851 OF SAID OFFICIAL PROPERTY
RECORDS , BEARS NORTH 32 °05'52" EAST, 76.28 FEET;
THENCE SOUTH 00 °44'30" EAST, WITH THE CENTERLINE OF SAID OLD
GRANBURY ROAD , A DISTANCE OF 68.33 FEET TO A MAG-NAIL SET AT THE
INTERSECTION OF SAID CENTERLINE AND THE SOUTH RIGHT-OF-WAY LINE
OF SAID OLD GRANBURY ROAD FOR THE NORTHEAST CORNER OF SAID
WALSH RANCHES TRACT;
THENCE SOUTH 89 °15'30" WEST, WITH THE NORTH LINE OF SAID WALSH
RANCHES TRACT AND ALONG SAID SOUTH RIGHT-OF-WAY LINE A
DISTANCE OF 1,348.52 FEET TO A 5/8-INCH CAPPED IRON ROD STAMPED "LJA
SURVEYING" SET;
THENCE NORTH 30 °48'11" EAST, OVER AND ACROSS SAID RIGHT-OF-WAY, A
DISTANCE OF 93.59 FEET TO A 1/2-INCH lRON ROD FOUND FOR CORNER ON
THE NORTH RIGHT-OF-WAY LINE OF SAID OLD GRANBURY ROAD ;
THENCE NORTH 89 °45'45" EAST, WITH SAID NORTH RIGHT-OF-WAY LINE, A
DISTANCE OF 1,299.60 FEET TO THE POINT OF BEGINNING AND
CONTAINING A CALCULATED AREA OF 2.254 ACRES (98,176 SQ. FEET), OF
LAND .
BASIS OF BEARING IS GRID NORTH, TEXAS STATE PLANE COORDINATE SYSTEM, NORTH
CENTRAL ZONE, NAD83 (2011) EPOCH 2010 , AS DETERMINED BY GPS OBSERVATIONS .
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
Annexation -AX-20-005 Ordinance No . 24822-04-2021
Page 7 of 10
IMPLIED OR ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE
BOUNDARY OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS PREPARED.
Ann exat io n -AX-2 0-00 5 Ordin ance No . 24 822-04-202 1
Page 8 of 10
Exhibit C
Map of Right-of-Way
"A Portion of Old Granbury Road"
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EXHIBIT 11 A 11
ANNEXATION EXHIBIT
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JUAN JOSE .AlllllADO lUkYl:Y,AISTlACT No . '4
IN TAIIWfT COUNTY, TIXA.S
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3017 West 7th Streel
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Foll viom. le:as 761CJ7
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Phone 662 7'7 0000
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Ordina nce No . 248 22 -04-2 02 1
Page 9 o f 10
Annexation -AX -20-005 Ordinance No . 24822-04-2021
Page 10 of 10
Annexation -AX-20-005
Exhibit D
Municipal Services Agreement
Ordinance No . 24822-04-2021
Page 11 of 10
CITY SECRETARY
CONTRACT NO. 55 ~ I kl
MUNICIPAL SERVICES AGREEMENT
BETWEEN THE CITY OF FORT WORTH, TEXAS AND
WALSH RANCHES LIMITED PARTNERSHIP
This _Municipal Services Agreement (''Agreement") is entered into on ,2Q.JM. day of (}vni , 202:'.\ by and between the City of Fort Worth, Texas , a home-rule
·---..J municipality of the State of Texas, ("City") and Walsh Ranches Limited Partnership
,,-· ("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 Tarrant County,
Texas, which consists of approximately 242.279 acres of land in the City's extraterritorial
jurisdi ction, 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-20-005 (''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 annex ation ;
WHEREAS , the Annexation Case and execution of this Agreement are subject to approval
by the Fort Worth City Council; and
NOW THEREFORE, in ex change for the mutual covenants , conditions and promises
contained herein, City and Owner agree as follows :
1. PROPERTY. This Agreement is only applicable to the Property , which is the subject of the
Annexation Case.
2. INTENT. It is the intent of the City that this Agreement provide for the delivery of full ,
available municipal services to the Property in accordance with state law, which may be
Owner-Ini tiated Ann exati on Serv ice Agreement I of7
accomplished through any mean s 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.
1. Fire -The City 's Fire Department will provide emergency and fire protection
services .
11. Police -The City 's Police Department will provide protection and law
enforcement services .
111. 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 .
1v. 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 ev ent the City acquires any other parks, facilities, or buildings
necessary for City services within the Property, the appropriate City department
w ill prov ide maintenance and operations of the same.
v1. 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 .
v11. 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 .
v111. 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 .
1x. Water and Wastewater to Existing Structures -Occupied structures that are
u sing water-well and on-site sewer facilities on the E ffective Date may continue
Owner-In it iated Annexat io n Service Agreement 2 of7
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.
x1. Code Compliance -The City's Code Department will provide education,
enforcement, and abatement relating to code violations within the Property.
xu. 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 deµartments 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 of7
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. GOVERNMENT AL 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 of7
CITY OF FORT WORTH
Approved as to Form and Legality:
\Jlli~vJ~&JY
~(lw,ms
Senior Assistant City Attorney
Approvals:
M&C :l::l-0 :;.ti l/
Ordinance No. 248 '2.'2..-0'-\-90~
State of Texas §
County of Tarrant §
PROPERTY OWNER
WALSH RANCHES LIMITED
PARTNERSIDP
By: ~~hd_
0aryGble-.
Vice President
This instrument was acknowledged before me on the~ day of ~ , 20~/
by Dana Burghdoff, Assistant City Manager of the City of Fort Worth, a Te~al
corporation, on behalf of said corporation.
By:~111\-~
Notary Public, State of Texas
MARIA S. SANCHEZ
My Notary ID # 2256490
Expires December 19, 2021
Owner-In itiated Annexation Service Agreement 5 of?
STATE OF TEXAS §
§
COUNTY OF TARRANT §
This instrument was acknowledged before me on the ifh day of ~ , 20..:zt)
by Gary Goble, Vice President on behalf
of Walsh Ranches Limited Partnership.
By:<£T~µ
Notary Public, State of Texas
Owner-Initiated Annexation Service Agreement 6 of7
After Recording Return to:
City Secretary
City of Fort Worth
200 Texas Street
Fort Worth , Texas 76102
Owner-In it iated Annexati on Service Agreement 7 of7
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700 0 700
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EXHIBIT A
TARRA NT
COUNTY
242.279 ACRES
(10,553,672 SQ. F"EET)
TRACT3
WALSH RANCHES
LIMITED PAR TNERSHIP
VOL. 12624, PG. 92
O.P.R.T.C.T
TRACT1
WALSH RANCHES
LIMITED PARTNERSHI P
VOL 12624, PG . 92
O .P.R.T.C.T
-~~~~-"'SU!f:LU ~kl~NE...._~-
'l.$ .,o TRACT2 I
>:J~" :!, WALSH RANCHES
":i ic,'!> LIMITED PARTNERSH IP ~
r:,O~\.O· VOL . 12624, PG . 92
~.f,'~vJ>-C", 0 .P.R.T.C.T \,'U;it'-'.... d
Sl8"21'54•E 1.43'.
TXU ROCKY CREEK
SUBSTATION ADDITION
C .C.# 0201212673
O.P.R.T.C.T.
APPROX . CITY ~
LIMIT LINE 1
3/B~IRF' ClTY OF
~ FORT WORTH
BEARING
S89"0.6'45"W
500"·42'28"E
S89"15'30"W
N28"04'42"E
NS 1"55'1"8".W
N28"04'42"E
N31 "03 '42"E
N"89"15'30"E
ROYC>JV/WO
C.c.# D21:1129626
O.P .R T.C. T.
POINT OF
BEGINNING
1 "PIPE FOUND
DISTANCE ·
978.22'
320.87'
2740.57'
1870.95'
25.00'
1458.0f'
644.92"
1348.52'
3919.23'
Cl 2'59'00~ 170'39.00' N29"34'12"E 887.1 O' BB7.20'
DATE: 09/11/2020
PAGE3 DRWN BY : J.S.G .
3 CHKD BY: A.C .B.
OF
EXHIBIT "A"
ANNEXATION EXHIBIT
IN THE
BENJAM IN TIIOIIAS SURVEY, ABSTRACT No .1~96; JUAN JOSE
WA SuiTeylnp, Inc, L,A
3::::0::.:17::.W.:e:::,:.:, 1"'1h"'s"'1,"", ez.;I =:.._-P-ho_n_e -68-2-. 7-'47•_0000
Slile3'.Xl
For1Wor1h, Texas 76107 T.B.P.L.S FnnNo.10194540 PROJ NO . 0073 ALBIRIIDO SURVEY, ABSTRACT ~o.1; AND TIIE LUT ICIA GOFF
.. ,._---""--......ii....---111......,i111W,•11AW~W-!Wil~~-...III.----------..I
Owner-Initiated Ann exation Service Agreement I of3
EXHIBIT A
Continued
BEING A 242 .279-ACRE TRACT OF LAND SITUATED IN THE BENJAMIN THOMAS SURVEY, ABSTRACT No.
1496, THE JUAN JOSE ALBIRADO SURVEY, ABSTRACT No. 4, AND THE LUTICIA GOFF SURVEY, ABSTRACT
No. 633, TARRANT COUNTY, TEXAS, AND BEING A PORTION OF THAT TRACT OF LAND DESCRIBED TO
WALSH RANCHES LIMITED PARTNERSHIP BY DEED RECORDED IN VOLUME 12624, PAGE 92 OF THE
OFFICIAL PROPERTY RECORDS OF TARRANT COUNTY, TEXAS AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A 1-INCH PIPE FOUND IN THE CENTERLINE OF OLD GRANBURY ROAD (AN 80-FOOTWIDE
RIGHT-OF-WAY) FOR THE SOUTHEAST CORNER OF SAID WALSH RANCH TRACT;
THENCE SOUTH 89°06'45" WEST, WITH THE SOUTH LINE OF SAID WALSH RANCHES TRACT AND THE
CENTERLINE OF SAID OLD GRANBURY ROAD, A DISTANCE OF 978.22 FEET TO A 3/8-INCH IRON ROD
FOUND AT THE REENTRANT CORNER OF SAID LUTICIA GOFF SURVEY;
THENCE SOUTH 00°42'28" EAST, CONTINUING WITH SAID SOUTH LINE AND SAID CENTERLINE, A
DISTANCE OF 320.87 TO A MAG NAIL SET FOR THE SOUTHERNMOST SOUTHEAST CORNER OF SAID
WALSH RANCHES TRACT;
THENCE SOUTH 89°15 '30" WEST, DEPARTING SAID CENTERLINE AND CONTINUING WITH SAID SOUTH
LINE, A DISTANCE OF 2,740.57 FEET TO THE SOUTH COMMON CORNER OF SAID WALSH RANCHES TRACT
AND A TRACT OF LAND DESCRIBED TO ONCOR ELECTRIC DELIVERY COMPANY BY DEED RECORDED IN
COUNTY CLERK FILE No. 0202329261 OF SAID OFFICIAL PUBLIC RECORDS, FROM WHICH A 60d NAIL
FOUND IN A FENCELINE BEARS SOUTH 88°26'54" EAST, 1.43 FEET;
THENCE WITH THE EAST LINE OF SAID ONCOR ELECTRIC TRACT, THE FOLLOWING COURSES AND
DISTANCES :
NORTH 28°04'42" EAST, A DISTANCE OF 1,870.95 FEET TO A TO A 5/8-INCH CAPPED IRON ROD
STAMPED "LJA SURVEYING" SET (HEREINAFTER REFERRED TO AS "SET IRON ROD") FOR CORNER;
NORTH 61 °55'18" WEST, A DISTANCE OF 25.00 FEET TO A TO A SET IRON ROD FOR CORNER;
NORTH 28°04' 42" EAST, A DISTANCE OF 1458.01 FEET TO A TO A SET IRON ROD FOR THE
BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 17,039.00 FEET AND A CHORD
THAT BEARS NORTH 29°34'12" EAST, 887.10 FEET;
WITH SAID CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 2 °59'00", AN ARC LENGTH
OF 887 .20 FEET TO A SET IRON ROD FOR CORNER;
NORTH 31°03'42" WEST, A DISTANCE OF 644.92 FEET TO A TO A SET IRON ROD AT THE SOUTH
LINE OF SAID OLD GRANBURY ROAD FOR CORNER;
THENCE NORTH 89°15'30" EAST, WITH THE NORTH LINE OF SAID WALSH RANCHES TRACT AND ALONG
SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 1,348.52 FEET TO A MAG-NAIL SET IN THE
CENTERLINE OF SAID OLD GRANBURY ROAD FOR THE NORTHEAST CORNER OF SAME TRACT;
THENCE SOUTH 00°44'30" EAST, WITH SAID CENTERLINE, A DISTANCE OF 3,919.23 FEET TO THE POINT
Owner-Initiated Annexation Service Agreement 2 of3
OF BEGINNING AND CONTAINING A CALCULATED AREA OF 242.279 ACRES (10,553,672 SQ. FEET} OF
LAND .
Owner-Initiated Annexation Service Agreement 3 of3
·,
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 04/20/21 M&C FILE NUMBER: M&C 21-0296
LOG NAME: 06AX-20-005 FRASER RANCH , OWNER-INITIATED
SUBJECT
(Future CD 6) Conduct Public Hearing, Authorize Execution of Municipal Services Agreement and Adopt Attached Ordinance for the Proposed
Owner-Initiated Annexation of Approximately 242.279 Acres of Land in Tarrant County , Known as Fraser Ranch , Located South of McPherson,
West of Chisholm Trail Parkway along the Eastern Edge of the Fort Worth & Western Railroad , in the Far Southwest Planning Sector, AX-20-005
(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 242.279 acres of land in Tarrant County , known as
Fraser Ranch , located south of McPherson, west of Chisholm Trail Parkway along the eastern edge of the Fort Worth & Western Railroad, in
the Far Southwest Planning Sector as shown on Exhibit A ;
2 . Authorize execution of Municipal Services Agreement between the City and property owners, Benchmark Acquisitions , LLC ; and
3 . Adopt ordinance annexing AX-20-005 for full purposes.
DISCUSSION:
On October 2 , 2020 , representatives for the property owners Benchmark Acquisitions, 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 south of McPherson, west of Chisholm Trail Parkway along eastern edge of the Fort
Worth & Western Railroad. The owner-initiated annexation contains approximately 242.279 acres of land . The proposed annexation is consistent
with the urban development criteria as established by the City's Annexation Policy . The subject area is currently agricultural and vacant land. The
property is proposed for residential and commercial type development.
On March 10 , 2021, the related zoning case (ZC-20-137) was presented to the Zoning Commission, and the commission voted to recommend
approval of the requested zoning to City Council. The requested zoning is "A-5" Single Family Residential and "G" Intensive Commercial.
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 2.254 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 2 .254 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. A fiscal impact analysis was generated with the
assistance of various City Departments . The fiscal impact analysis was then provided to Planning & Data Analytics for review. 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 area meeting the City's
annexation criteria and the ability for the City to provide services, staff recommends approval of the requested owner-initiated annexation, AX-20-
005.
The City Council will conduct a public hearing on the proposed annexation . The public hearing is an opportunity for persons interested in the
annexation to be heard. Once the City Council has conducted the required public hearing, Council may close the hearing and vote on
authorizing the City Manager to execute the Municipal Services Agreement between the City and property owners and adopt an ordinance
annexing the Fraser Ranch .
Upon approval of the annexation request , the property will become part of COUNCIL DISTRICT 6.
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
Originating Business Unit Head: D.J. Harrell 8032
Additional Information Contact: Leo Valencia 2497