HomeMy WebLinkAbout(0123) Ordinance_(AX-19-009).PDFORDINANCE NO.
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 460.186 ACRES
OF LAND, MORE OR LESS, OUT OF THE L. BUTLER SURVEY,
ABSTRACT NUMBER 64, THE G. OVERTON SURVEY,
ABSTRACT NUMBER 972, THE W. SAMPLE SURVEY,
ABSTRACT NUMBER 1207, THE W. ZECKULAR SURVEY,
ABSTRACT NUMBER 1454 AND THE A.W. ROBERTSON
SURVEY, ABSTRACT NUMBER 1553, IN DENTON COUNTY,
TEXAS (CASE NO. AX-19-009) 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 AIL
Investment, L.P. / AIL West, LLC., the owners, requesting the full -purpose annexation of
460.186 acres of land as described in Section 1, below (the "Property"); and
WHEREAS, the hereinafter described Property is in the City's exclusive
extraterritorial jurisdiction and is adjacent to and adjoins the City; and
WHEREAS, the City is a Tier 2 municipality for purposes of annexation under
Chapter 43 of the Texas Local Government Code ("LGC"); and
WHEREAS, Subchapter C-3 of the LGC permits the City to annex an area if each
owner of land in an area requests the annexation; and
WHEREAS, in accordance with Subchapter C-3 of Chapter 43 of the Texas Local
Government Code, the City section 43.0672 of the Texas Local Government Code,
Roanoke Ranch & Investment, L.P. 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 43.0673 of the Local Government Code on September
10, 2019 at 7:00 p.m., at the City Council Chamber; and
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 460.186 acres of land,
are hereby annexed to the City of Fort Worth as a part of the city for all municipal purposes,
and the city limits are extended to include such Property being all that certain land
particularly described below and depicted as on Exhibit "A" attached to and incorporated
in this ordinance for all purposes:
BEING A TRACT OF LAND SITUATED IN THE L. BUTLER SURVEY, ABSTRACT
NUMBER 64, THE G. OVERTON SURVEY, ABSTRACT NUMBER 972, THE W.
SAMPLE SURVEY, ABSTRACT NUMBER 1207, THE W. ZECKULAR SURVEY,
ABSTRACT NUMBER 1454 AND THE A.W. ROBERTSON SURVEY, ABSTRACT
NUMBER 1553, DENTON COUNTY, TEXAS AND BEING A PORTION OF THAT
TRACT OF LAND DESCRIBED IN DEED TO AIL INVESTMENT, LP RECORDED
IN INSTRUMENT NUMBER 2019-15666, REAL PROPERTY RECORDS, DENTON
COUNTY, TEXAS, BEING A PORTION OF THAT TRACT OF LAND DESCRIBED
IN DEED TO AIL WEST, LLC RECORDED IN INSTRUMENT NUMBER 2019-15667,
SAID REAL PROPERTY RECORDS AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS;
BEGINNING IN THE WEST LINE OF SAID AIL TRACTS AND BEING IN THE
EAST RIGHT-OF-WAY LINE OF F. M. 156, (A VARIABLE WIDTH RIGHT-OF-
WAY), THE BEGINNING OF A CURVE TO THE RIGHT;
THENCE WITH THE EAST RIGHT-OF-WAY OF SAID F. M. 156 THE FOLLOWING
COURSES AND DISTANCES;
WITH SAID CURVE TO THE RIGHT, AN ARC DISTANCE OF 2563.58 FEET,
THROUGH A CENTRAL ANGLE OF 32045'34", HAVING A RADIUS OF 4483.66
FEET, THE LONG CHORD WHICH BEARS N 25°08'59"E, 2528.80 FEET;
N 41031'45"E, 2286.16 FEET, TO THE BEGINNING OF A CURVE TO THE
RIGHT;
WITH SAID CURVE TO THE RIGHT, AN ARC DISTANCE OF 57.54 FEET,
THROUGH A CENTRAL ANGLE OF 01011'33", HAVING A RADIUS OF 2764.79
FEET, THE LONG CHORD WHICH BEARS N 42° 10' 18"E, 57.54 FEET;
Annexation—AX-19-009 Ordinance No. Page 2 of 8
S 47021' 19"E, 19.95 FEET, TO THE BEGINNING OF A NON -TANGENT CURVE
TO THE RIGHT;
WITH SAID NON -TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF
1275.53 FEET, THROUGH A CENTRAL ANGLE OF 26°37'33", HAVING A
RADIUS OF 2744.79 FEET, THE LONG CHORD WHICH BEARS
N 56002'08"E, 1264.08 FEET;
N 58038' 18"E, 98.51 FEET TO THE BEGINNING OF A NON -TANGENT CURVE
TO THE RIGHT;
WITH SAID NON -TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF
1035.84 FEET, THROUGH A CENTRAL ANGLE OF 21°27'58", HAVING A
RADIUS OF 2764.79 FEET, THE LONG CHORD WHICH BEARS
N 82005' 16"E, 1029.79 FEET TO THE NORTHEAST CORNER OF SAID AIL
TRACTS, BEING THE NORTHWEST CORNER OF THAT TRACT OF LAND
DESCRIBED BY DEED TO JEANNE SHELTON RECORDED IN INSTRUMENT
NUMBER 1999-115848, SAID REAL PROPERTY RECORDS;
THENCE S 00038'40"E, 189.80 FEET, DEPARTING SAID EAST RIGHT-OF-WAY
LINE, WITH THE EAST LINE OF SAID AIL TRACTS AND THE WEST LINE OF
SAID JEANNE SHELTON TRACT TO THE MOST NORTHERLY NORTHEAST
CORNER OF THAT TRACT OF LAND DESCRIBED BY DEED TO THE CITY OF
FORT WORTH, RECORDED IN INSTRUMENT NUMBER 2003-181167, REAL
PROPERTY RECORDS, DENTON COUNTY, TEXAS;
THENCE S 79054'33"W, 855.69 FEET, WITH THE EAST LINE OF SAID AIL
TRACTS AND THE NORTH LINE OF SAID CITY OF FORT WORTH TRACT;
THENCE S 11048'34"E, 1973.67 FEET, WITH SAID EAST LINE AND THE WEST
LINE OF SAID CITY OF FORT WORTH TRACT;
THENCE S 18024'07"E, 1278.97 FEET, CONTINUING WITH SAID COMMON LINE
TO THE NORTH LINE OF THAT TRACT OF LAND DESCRIBED BY DEED TO THE
CITY OF FORT WORTH, RECORDED IN INSTRUMENT NUMBER 2005-73598,
REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS;
THENCE S 89042'55"W, 655.44 FEET, CONTINUING WITH SAID EAST LINE AND
WITH SAID NORTH LINE TO THE NORTHWEST CORNER OF SAID CITY OF
FORT WORTH TRACT;
THENCE S 00045'46"E, 3451.87 FEET, WITH SAID EAST LINE, TO THE
SOUTHEAST CORNER OF SAID AIL TRACTS, BEING THE NORTH LINE OF THAT
REMAINDER OF THAT TRACT OF LAND DESCRIBED BY DEED TO AIL
INVESTMENT, RECORDED IN VOLUME 4246, PAGE 498, REAL PROPERTY
RECORDS, DENTON COUNTY, TEXAS;
Annexation—AX-19-009 Ordinance No. Page 3 of 8
THENCE N 87053'57"W, 2751.33 FEET, WITH THE SOUTH LINE OF SAID AIL
TRACTS AND SAID NORTH LINE, TO THE SOUTHEAST CORNER OF THAT
TRACT OF LAND DESCRIBED BY DEED TO AIL INVESTMENT, RECORDED IN
INSTRUMENT NUMBER 2014-98370, REAL PROPERTY RECORDS, DENTON
COUNTY, TEXAS;
THENCE N 00032'37"W, 26.74 FEET, CONTINUING WITH SAID SOUTH LINE
AND WITH THE EAST LINE OF SAID AIL INVESTMENT TRACT;
THENCE N 34012'59"E, 939.29 FEET, CONTINUING WITH SAID COMMON LINE;
THENCE N 00032'37"W, 167.80 FEET, CONTINUING WITH SAID COMMON LINE
TO THE NORTHEAST CORNER OF SAID AIL INVESTMENT TRACT;
THENCE S 89027'28"W, 843.17 FEET, TO THE NORTHWEST CORNER OF SAID
AIL INVESTMENT TRACT;
THENCE DEPARTING SAID SOUTH LINE OVER AND ACROSS SAID AIL
TRACTS THE FOLLOWING BEARINGS AND DISTANCES:
N 00059'29"E, 109.87 FEET;
N 89042'54"W, 802.96 FEET;
N 00018'30"E, 827.19 FEET;
THENCE N 88049'57"W, 291.31 FEET, TO THE POINT OF BEGINNING AND
CONTAINING 20,045,698 SQUARE FEET OR 460.186 ACRES OF LAND MORE OR
LESS.
SECTION 2.
The above described territory is shown on Map Exhibit A attached hereto and
expressly incorporated herein by reference for the purpose of depicting the location of the
hereinabove described territory.
SECTION 3.
That 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 Service Plan and shall be
bound by the acts, ordinances, resolutions and regulations of the City of Fort Worth, Texas.
Annexation—AX-19-009 Ordinance No. Page 4 of 8
SECTION 4.
That the Municipal Services Agreements 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
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.
Annexation—AX-19-009 Ordinance No. Page 5 of 8
APPROVED AS TO FORM AND LEGALITY:
Melinda Ramos
Senior Assistant City Attorney
ADOPTED AND EFFECTIVE:
Q
0 1000 2000
GRAPHIC SCALE IN FEET
"Integr°Ip°ris °f this d°Cumenr
2 l7es ip lion - 2 Pages
E=nibil
Mary J. Kayser
City Secretary
EXHIBIT A
MAP OF PROPERTY
Abst. No. 1207 aa°ni9g9 t+j
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EXHIBIT B
MUNICIPAL SERVICES AGREEMENT
(to be inserted)
Annexation—AX-19-009 Ordinance No. Page 7 of 8