HomeMy WebLinkAboutOrdinance 24689-01-2021 ORDINANCE NO. 24689-01-2021
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 4.98 ACRES OF
LAND, MORE OR LESS, AND APPROXIMATELY 0.13 ACRES OF
LAND MORE OR LESS OF RIGHTS-OF-WAY OUT OF THE
ARCHIBALD ROBINSON SURVEY, ABSTRACT NO. 1119, AND
THE M.E.P. & P.R.R. CO. SURVEY, ABSTRACT NO. 906, IN
DENTON COUNTY, TEXAS (CASE NO. AX-20-008) 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
Cornerstone Bible Church, the owners, requesting the full-purpose annexation of 4.98
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 section 43.0672 of Chapter 43 of
the Texas Local Government Code, Cornerstone Bible Church and the City negotiated and
entered into a written agreement, City Secretary Contract No. �55 2,�b for the
provisions of municipal services in the area; and
WHEREAS, the Property abuts 0.13 acres of county roads; and
WHEREAS, Chapter 43, Section 43.106 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 January 26,
2021 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 4.98 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 Archibald Robinson Survey, Abstract No. 1119, and
the M.E.P. & P.R.R. CO. Survey,Abstract No. 906, Denton County, Texas, and being part
of a called 5.11 acre tract of land described in the Warranty Deed with Vendor's Lien, to
Cornerstone Bible Church, Recorded in Instrument No. 2017-26595, Official Records,
Denton County, Texas and being more particularly described as follows:
BEGINNING at the southwest corner of a called 0.1411 acre tract of land described in the
Donation Deed to Denton County,Texas,recorded in Instrument No. 2010-24873,Official
records, Denton County, Texas, and being in the south right-of-way line of Litsey Road(a
variable with right-of-way);
THENCE North 89°48'51" East,with said south right-of-way line of Litsey Road and said
south line of the 0.1411 acre tract, a distance of 592.71 feet to a point of the southeast
corner of said 0.1411 acre tract;
THENCE South 02°43'14" West, with the east line of said 5.11 acre tract, a distance of
372.44 feet,to the southeast corner of said 5.11 acre tract and being the northeast corner of
a called 1.124 acre tract of land described in a Warranty Deed with Vendor's Lien,to Litsey
Property LLC, recorded in Instrument No. 2019-35010, Official Records, Denton County,
Texas;
THENCE South 89051'17" West, with the common line of said 5.11 acre tract and said
1.124 acre tract, a distance of 574.09 feet to the southwest corner of said 5.11 acre tract,
same being the northwest corner of said 1.124 acre tract;
THENCE North 0008'43" West, with the west line of said 5.11 acre tract, a distance of
371.55 feet to the POINT OF BEGINNING and containing 4.98 acres of land.
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
Annexation—AX-20-008 Ordinance No.24689-01-2021
except those rights and interests implied or established by the creation or reconfiguration
of the boundary of the political subdivision for which it was prepared.
SECTION 2.
The above described territory is shown on Map Exhibit A attached hereto and
expressly incorporated herein by reference for the purpose of depicting the location of the
hereinabove described territory.
SECTION 3.
That all portions of the rights-of-way, comprising approximately 0.13 acres of
land, are hereby annexed to the City of Fort Worth as a part of the city for all municipal
purposes, and the city limits are extended to include such right-of-way being all that certain
land particularly described below and depicted as on Exhibits"B" and "C"attached to and
incorporated in this ordinance for all purposes.
SECTION 4.
That the above described territory hereby annexed shall be part of the City of Fort
Worth, Texas, and the property so added hereby shall bear its pro rata part of the taxes
levied by the City of Fort Worth, Texas, and the inhabitants thereof shall be entitled to all
of the rights and privileges of all the citizens in accordance with the Municipal Services
Agreement and shall be bound by the acts, ordinances, resolutions and regulations of the
City of Fort Worth, Texas.
SECTION 5.
That the Municipal Services Agreement attached hereto as Exhibit"D"is approved
and incorporated into this ordinance for all purposes.
SECTION 6.
CUMULATIVE CLAUSE
This ordinance amends every prior ordinance in conflict herewith,but as to all other
ordinances or sections of ordinances not in direct conflict, this ordinance shall be, and the
same is hereby made cumulative.
SECTION 7.
SEVERABILITY CLAUSE
It is hereby declared to be the intent of the City Council that the sections,
paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any
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,
Annexation—AX-20-008 Ordinance No.24689-01-2021
paragraphs and sections of this ordinance, since the same would have been enacted by the
City Council without the incorporation in this ordinance of any unconstitutional phrase,
clause, sentence, paragraph or section.
SECTION 8.
SAVING CLAUSE
The City Council hereby declares it to be its purpose to annex to the City of Fort
Worth every part of the area described in Section 1 of this ordinance,regardless of whether
any part of such described area is hereby not effectively annexed to the City. Should this
ordinance for any reason be ineffective as to any part or parts of the area hereby annexed
to the City of Fort Worth for full purposes, the ineffectiveness of this ordinance as to any
such part or parts shall not affect the effectiveness of this ordinance as to the remainder of
such area.
SECTION 9.
EFFECTIVE DATE
This ordinance shall be in full force and effect upon adoption.
APPROVED AS TO FORM AND LEGALITY:
malt
Melinda Ramos Mary J. Kay
Senior Assistant City Attorney City Secretary
ADOPTED AND EFFECTIVE: January 26, 2021 A
�XAS.
Annexation—AX-20-008 Ordinance No.24689-01-2021
EXHIBIT A
Cornerstone Bible Church
NORTH
0 50 100 — — — — TON SURVEY
CALLED 0,1411 ACRE TRACT
GRAPHIC SCALE IN FEET DENTON COUNTY,TEXAS LITSEY ROAD FRANK IN NO.591
INST.NO.2010-24873 A VARIABLE WIDTH R.O.W. A
BSTRA
D.R.D.C.T.
—N89'48'51"E 592,71' —
OLD LITSEY ROAD
P.O.B. (BY(PRESCRIPTIVERO.W.)
USE AND OCCUPATION)
N
CALLED 0.0303 ACRE TRACT D
DENTON COUNTY,TEXAS n y i M
VOL,5549,PG.431 0 I d
D.R.D.C.T. 4.98 ACRES i°z �'
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o CALLED 5.11 ACRE �R a 4
CD CORNERSTONE BIBLE CHURCH °y( °8 r"
Z REMAINDER OF INST.NO.2017-26595 m. d
¢ ui
40.00 ACRE TRACT O.R.D.C.T. r,
I AM ONE,INC ¢ a
INST.NO.1999-37320 APPROx9NATE
O.R.D.C.T. SURVEYYABSTTRACCTT M GO
CALLED 1.124 ACRE TRACT LINE
LITSEY PROPERTY LLC Q z`)~
INST.NO.2019-35010 ( �N Up'
O.R.D.C.T. =a p
t9 a Z O
I— — — — — 89°51'17"W 574,09' I W F
F
J
5.001 ACRE TRACT
RANDAL DWAYNE MAHAN
INST.NO.2013 66390 aT
O.R.D.C.T. I Go I
/ LEGEND I Z I I
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/ P.O.B.=POINT OF BEGINNING N d I
VOL.=VOLUME PG.-PAGE O
D.R.D.C.T.=DEED RECORDS OF DENTON }Z O
COUNTY,TEXAS m F
O.R.D.C.T,=OFFICIAL RECORDS,DALLAS o z ANNEXATION OF
NOTE COUNTY,TEXAS m- 4.98 ACRES SITUATED IN
This document was prepared under 22 TAC A.ROBINSON SURVEY,ABSTRACT NO.1119
§663.21,does not reflect the results of an on M.E.P.&P.R.R.CO.SURVEY,
the ground survey,and is not to be used to . ABSTRACT NO,906
convey or establish interests In real property E OF r
except those rights and interests implied or 5�P�t s 7^�• q CITY OF FORT WORTH ETJ,
established by the creation or reconfiguration :•ev q DENTON COUNTY,TEXAS
of the boundary of the political subdivision for Kimley)))HornAVIDJ.which it a eWEIed. ;`.� •.�•6• 'g ■\
DAVID J.De WEIRDT
REGISTERED PROFESSIONAL 13455 NwI Road,TMv G,N kOlfie TN,No,1972)770.1300
••FS SOON.'• T—,Suite 700,Dallas,Tess 752/0 FIRM411111MI Faa No.(972)239-n20
LAND SURVEYOR N0.5066 4 SURV 0�� Che k�bv P Sheel Nn
daVld.deWBlydt@klmley-hom,COm i-.10P DMP KHA OCT.2010 097MG101 20F2
PATRICK.DAVID 106120208,53 AM K,7DAL SURVEY10070OSi Di-LITSEY CREEK COTTAGEIDWGVINNEXATION EXHISITSLLfTSEY ANNEXATION EXHIBIT CORNERSTONE.DWG
Annexation—AX-20-008 Ordinance No.24689-01-2021
Exhibit B
Legal Description for Right-of-Way
"A Portion of Litsey Road"
BEING a tract of land situated in the Archibald Robinson Survey, Abstract No. 1119, and
the M.E.P. & P.R.R. CO. Survey, Abstract No. 906, Denton County, Texas, and being all
of a called 0.1411 acre tract of land described in the Donation Deed to Denton County,
Texas, recorded in Instrument No. 2010-24873, Official Records, Denton County, Texas
and being more particularly described as follows:
BEGINNING at the northwest corner of said 0.1411 acre tract, same being the northeast
corner of a called 0.0303 acre tract of land described in the Special Warranty Deed to
Denton County, Texas, recorded in Volume 5549, Page 131, Official Records, Denton
County, Texas, and being in the south right-of-way line of Litsey Road (a variable with
right-of-way) and the south line of that called 337.785 acre tract of land described in the
City of Fort Worth Ordinance No. 14387, which annexed a total of 405.525 acres into the
City of Fort Worth(Annexation Case No. A-00-12 dated November 14, 2000);
THENCE North 89°50'56" East,with said south right-of-way line of Litsey Road and said
south line of the 337.785 acre tract, a distance of 593.16 feet to the northeast corner of said
0.14 11 acre tract;
THENCE South 2043'14" West, leaving said south right-of-way line and said south line of
the 337.785 acre tract, with the east line of said 0.1411 acre tract a distance of 9.06 feet to
the southeast corner of said 0.1411 acre tract;
THENCE South 891148'51" West, with the south line of said 0.1411 acre tract, a distance
of 592.71 feet to the southwest corner of said 0.1411 acre tract;
THENCE North 0008'43" West, with the west line of said 0.1411 acre tract, a distance of
9.41 to the POINT OF BEGINNING and containing 0.13 acres of land.
Annexation—AX-20-008 Ordinance No.24689-01-2021
Exhibit C
Map of Right-of-Way
"A Portion of Litsey Road"
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Annexation—AX-20-008 Ordinance No.24689-01-2021
Exhibit D
Municipal Services Agreement
Annexation—AX-20-008 Ordinance No.24689-01-2021
ITYSECR
CTS a3
4 11' �1"ICIPAL SERVICES AGREEMENT
B EN THE CITY OF FORT WORTH, TEXAS AND
Cornerstone Bible Church
This Municipal Services Agreement ("Agreement") is entered into on day of
W1 �L 1 by and between the City of Fort Worth, Texas, a home-rule
municipa+ity of the State of Texas,("City") and Cornerstone Bible Church ("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 Denton County,
Texas, which consists of approximately 5 acres of land in the City's extraterritorial
jurisdiction, such property being more particularly described and set forth in Exhibit "A"
attached and incorporated herein by reference ("Property");
WHEREAS, Owner has filed a written request with the City for full-purpose annexation
of the Property, identified as Annexation Case No.AY,-X-00b ('Annexation Case");
WHEREAS, City and Owner desire to set out the City services to be provided for the
Property on or after the effective date of annexation;
WHEREAS,the Annexation Case and execution of this Agreement are subject to approval
by the Fort Worth City Council;and
NOW THEREFORE, in exchange for the mutual covenants, conditions and promises
contained herein, City and Owner agree as follows:
1. PROPERTY. This Agreement is only applicable to the Property, which is the subject of the
Annexation Case.
2. INTENT. It is the intent of the City that this Agreement provide for the delivery of 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
v.
r rrtt .1
�GCENE� O�s�ner-Initiated Annexation service Agreement EFT.
IALIReEWRD
SECRETARY
E,cc�is�c A ORTH,TK
municipal services" means all services provided by the City within its full-purpose
boundaries, including water and wastewater services and excluding gas or electrical service.
3. MUNICIPAL SERVICES.
a. Commencing on the Effective Date, the City will provide the municipal services
set forth below. As used in this Agreement, "providing services" includes having
services provided by any method or means by which the City may extend municipal
services to any other area of the City, including the City's infrastructure extension
policies and developer or property owner participation in accordance with
applicable city ordinances,rules, regulations, and policies.
i. Fire—The City's Fire Department will provide emergency and fire protection
services.
ii. Police — The City's Police Department will provide protection and law
enforcement services.
iii. Emergency Medical Services — The City's Fire Department and MedStar (or
other entity engaged by the City after the Effective Date)will provide emergency
medical services.
iv. Planning and Zoning—The City's Planning and Development Department will
provide comprehensive planning, land development, land use, and building
review and inspection services in accordance with all applicable laws, rules,
and regulations.
v. Parks and Recreational Facilities—Residents of the Property will be permitted
to utilize all existing publicly-owned parks and recreational facilities and all such
facilities acquired or constructed after the Effective Date(including community
service facilities, libraries, swimming pools, etc.), throughout the City. Any
private parks, facilities, and buildings will be unaffected by the annexation;
provided, however, that the City will provide for maintenance and operation of
the same upon acceptance of legal title thereto by the City and appropriations
therefor. In the event the City acquires any other parks, facilities, or buildings
necessary for City services within the Property,the appropriate City department
will provide maintenance and operations of the same.
vi. Other Publicly Owned Buildings—Residents of the Property will be permitted
to use all other publicly owned buildings and facilities where the public is
granted access.
vii. Stormwater Utility Services — The Property will be included in the City's
Stormwater Utility service area and will be assessed a monthly fee based on the
amount of impervious surface. The fees will cover the direct and indirect costs
of stormwater management services.
viii. Roads and Streets (including Street lighting) —The City's Transportation and
Public Works Department will maintain the public streets and streetlights over
which the City has jurisdiction. The City will provide regulatory signage
services in accordance with the City policies and procedures and applicable
laws.
ix. Water and Wastewater to Existing Structures — Occupied structures that are
using water-well and on-site sewer facilities on the Effective Date may continue
to use the same. If a property owner desires to connect an existing structure to
Owner-Initiated Annexation Service Agreement 2 of 7
the City water and sewer system, then the owner may request a connection and
receive up to 200 linear feet of water and sewer extension at the City's cost for
each occupied lot or tract in accordance with the City's "Policy for the
Installation of Community Facilities" and applicable law. Once connected to
the City's water and sanitary sewer mains, the water and sanitary sewage
service will be provided by the City at rates established by City ordinances for
such service.
x. Solid Waste Services—The City will provide solid waste collection services in
accordance with existing City ordinances and policies, except where prohibited
by law.
xi. Code Compliance — The City's Code Department will provide education,
enforcement, and abatement relating to code violations within the Property.
xii. Full Municipal Services — Commencing on the Effective Date, the City will
provide to the Property all services provided by the City within its full-purpose
boundaries and not otherwise listed above, except as provided in Section 3(b).
b. The City will provide water service and wastewater treatment service to developments
established after the Effective Date in accordance with, and on the schedule
determined by, the City's extension policies and applicable law and at rates
established by City ordinances for such services.
c. It is understood and agreed that the City is not required to provide a service that is
not included in this Agreement.
d. Owner understands and acknowledges that the City departments listed above may
change names or be re-organized by the City Manager. Any reference to a specific
department also includes any subsequent City department that will provide the same
or similar services.
4. SERVICE LEVEL. The City will provide the Property with a level of services,infrastructure,
and infrastructure maintenance that is comparable to the level of services, infrastructure, and
infrastructure maintenance available in other parts of the City with topography, land use, and
population density similar to those reasonably contemplated or projected for the Property.
5. AUTHORITY. City and Owner represent that they have full power, authority and legal right
to execute, deliver and perform their obligations pursuant to this Agreement. Owner
acknowledges that approval of the Annexation Case is within the sole jurisdiction of the City
Council. Nothing in this Agreement guarantees favorable decisions by the City Council.
6. SEVERABILITY. If any part, term, or provision of this Agreement is held by the courts to
be illegal, invalid, or otherwise unenforceable, such illegality, invalidity, or unenforceability
will not affect the validity of any other part,term or provision, and the rights of the parties will
be construed as if the part,term, or provision was never part of the Agreement.
7. INTERPRETATION. The parties to this Agreement covenant and agree that in any litigation
relating to this Agreement, the terms and conditions of the Agreement will be interpreted
according to the laws of the State of Texas. The parties acknowledge that they are of equal
bargaining power and that each of them was represented by legal counsel in the negotiation
Owner-Initiated Annexation Service Agreement 3 of 7
and drafting of this Agreement.
8. GOVERNING LAW AND VENUE. Venue shall be in the state courts located in Tarrant
County, Texas or the United States District Court for the Northern District of Texas, Fort
Worth Division and construed in conformity with the provisions of Texas Local Government
Code Chapter 43.
9. NO WAIVER. The failure of either party to insist upon the performance of any term or
provision of this Agreement or to exercise any right granted hereunder shall not constitute a
waiver of that party's right to insist upon appropriate performance or to assert any such right
on any future occasion.
10. GOVERNMENTAL POWERS. It is understood that by execution of this Agreement, the
City does not waive or surrender any of its governmental powers or immunities.
11. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each
of which shall be deemed an original and constitute one and the same instrument.
12. CAPTIONS. The captions to the various clauses of this Agreement are for informational
purposes only and shall not alter the substance of the terms and conditions of this Agreement.
13.AGREEMENT BINDS AND BENEFITS SUCCESSORS AND RUNS WITH THE
LAND. This Agreement is binding on and inures to the benefit of the parties,their successors,
and assigns. The term of this Agreement constitutes covenants running with the land
comprising the Property, is binding on the Owner and the City, and is enforceable by any
current or future owner of any portion of the Property.
14.ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the
parties and supersedes all prior oral and written agreements between said parties. This
Agreement shall not be amended unless executed in writing by both parties.
Executed as of the day and year first above written to be effective on the effective date of
annexation of the Property.
Owner-Initiated Annexation Service Agreement 4 of 7
CITY OF FORT WORTH PROPERT OWNER
Cornerstone ible Church
By: Mau By:
?`
ana Bt#hdo John A Watson
Assista CityVanager President
Approved as to Form and Legality:
Senior Assistant City Attorney
Attest: T �
U :2
Mary Kays
City Secretary
�LXAS
Approvals:
M&C 1-000
Ordinance No. a�Xq�CI'
State of Texas §
County of Tarrant §
This instrument was acknowledged before me on the 5 day of ,20;�{
by Dana Burghdoff,Interim Assistant City Manager of the City of Fort Worth, a Texas
municipal corporation, on.b half o aid corporation.
By:
Notary Public, State of Texas
MARY J. KAYSER
3?° _`.?Notary Public; State of Texas
v; Comm, Expires 01-11-2025
P D 3898086
Owner-Initiated Annexation Service Agreement i i- V Y®R A a X
State of Texas §
County of Denton § )
10
This instrument was acknowledged before me on the l day of(I�� 20
by John A Watson o erstone bible Church.
No ,£she f Texas
LAUREN ENDSLEY
`0 : Notary Public, State of Texas
Comm. Expires 04-21-2024
Notary ID 132445237
�IpRD
..CTAR9
6 of 7
. �. +�lQRTti,�
owner-initiated Annexation Service Agreement
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
kORTH
so 100
0�
CALLED 0.1411 ACRE TRACT
CwiAPNIC SCALE IN FEET DENTON COUNTY,TEXAS LITSEY ROAD pRANlct� �T S 9R�
INST.NO.2010-24873 AVARtABLE WIDTH RO.W. AOS
_ D.R.D.C.T -
--- N89'48'51"E 592.71' —
OLD LITSEY ROAD
P.O.B. M'w.icRNMvE,R Ow.}
18Y Iar;AND OCCLWAMM
> I>
CALLED 0.0303 ACRE TRACT a
DENTON COUNTY,TEXAS �° g
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89061'17"W 574.09' LU
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RANDAL DWAYNE MAHAN I
INST. NO.2013-66390
O.R.D.C.T. I I
LEGEND I �"
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J A.O.B.=POINT OF BEGINNING N 0
VOL= VOLUME PG,= PAGE -r 0 tY
D.R.D.C.T -DEED RECORDS OF DENTON }z Ct
COUNTY,TEXAS
O.R.D C.T.=OFFICIAL RECORDS.DALLAS o z ANNEXATION OF
NOTE COUNTY,TEXAS 4.96 ACRES SITUATED IN
Tsn document was prepared under 22 TAC A. ROBINSON SURVEY,ABSTRACT NO, 1119
JW3.2i,does not refract the rssub of an on b M.E.P.4 P.R.R. CO.SURVEY,
the ground survey.and Is not to be used to �� ; ABSTRACT NO.906
oonvey or eua~interests in real property `A> QF T
except those rights and Interests implied or Imo'.Gt;r*6._ CITY OF FORT WORTH ETJ,
estabbbed by the creation or reconfiguration �4 DENTON COUNTY, TEXAS
w of the bodery of the pofnicai subdivision for ...:...
wfidl It was prepared. pgU�j -. Kim l r>` H oDAVID J.De WEIRDT , 7 q� /)REGISTERED PROFESSIONAL p • �eer.�.r�n •e�na. r n
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LAND SURVEYOR NO.5061im O SURV Jam. ` =-'� st'tlSISiC
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Owner-Initiated Annexation Service Agreement I of 2
EXHIBIT A
Continued
BEING a tract of land situated in the Archibald Robinson Survey, Abstract No. 1119, and the
M.E.P. 8 P.R.R. CO. Survey,Abstract No. 906, Denton County,Texas, and being all of a called
0.1411 acre tract of land described in the Donation Deed to Denton County,Texas, recorded in
instrument No. 2010-24873,Official Records,Denton County,Texas and being more particularly
described as follows:
BEGINNING at the northwest comer of said 0.1411 acre tract,same being the northeast corner
of a called 0.0303 acre tract of land described in the Special Warranty Deed to Denton County,
Texas,recorded in Volume 5549,Page 131,Official Records,Denton County,Texas, and being
in the south right-of-way line of Litsey Road (a variable with right-of-way) and the south line of
that called 337.765 acre tract of land described in the City of Fort Worth Ordinance No. 14387,
which annexed a total of 405.525 acres into the City of Fort Worth (Annexation Case No.A-00-
12 dated November 14,2000);
THENCE North 89*5956" East,with said south right-of-way line of Litsey Road and said south
line of the 337,785 acre tract,a distance of 593.16 feet to the northeast corner of said 0.1411 acre
tract;
THENCE South 2°43'14"West, leaving said south right-of-way line and said south line of the
337,785 acre tract, with the east line of said 0.1411 acre tract a distance of 9.06 feet to the
southeast comer of said 0.1411 acre tract;
THENCE South 89°48'51"West,with the south line of said 0.1411 acre tract,a distance of 592.71
feet to the southwest comer of said 0.1411 acre tract;
THENCE North 0"0843"West,with the west line of said 0.1411 acre tract,a distance of 9.41 to
the POINT OF BEGINNING and containing 0.13 acres of land.
This document was prepared under 22 TAC W3.21, does not reflect the results of an on the
ground survey,and is not to be used to convey or establish interests in real property except those
rights and interests implied or established by the creation or reconfiguration of the boundary of
the political subdivision for which it was prepared.
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Owner-Initiated Annexation Service Agreement 2 of 2
Annexation AX-20-008 Exhibit
Addition of approximately 5.10 Acres to become part of Council District 7
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Fort worth I I I
Planning&Development Department
DESIGNATION 1:14,400 10/17/2020
Full Purpose Adjacent Cities
® Limited Purpose County Boundaries /jam COPYRIGHT 2020 CITY OF FORT WORTH UNAUTHORIZED REPRODUCTION IS A
m ty 4 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: 01/26/21 M&C FILE NUMBER: M&C 21-0067
LOG NAME: 06AX-20-008 CORNERSTONE BIBLE CHURCH—OWNER INITITATED
SUBJECT
(Future CD 7)Conduct Public Hearing,Authorize Execution of Municipal Services Agreement and Adopt Ordinance for the Proposed Owner-
Initiated Annexation of Approximately 5.10 Acres of Land in Denton County,Known as Cornerstone Bible Church,Located East of Interstate 35
West and South of Chadwick Farms Subdivision along Litsey Road, in the Far North Planning Sector,AX-20-008
(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 5.10 acres of land in Denton County,located east of
Interstate 35 West,south of the Chadwick Farms subdivision along Litsey Road as shown on Exhibit A;
2. Authorize execution of Municipal Services Agreement between the City and property owners,Cornerstone Bible Church;and
3. Adopt ordinance annexing AX-20-008 for full purposes.
DISCUSSION:
On October 19,2020,representatives for the property owners Cornerstone Bible Church,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 Denton County. The site is located east of Interstate 35 West,south of Chadwick Farms Subdivision along Litsey
Road. The owner-initiated annexation,which is approximately 5.10 acres,is consistent with the urban development annexation criteria as
established by the City's Annexation Policy. The subject area is currently the site of a church and vacant land. The property owner's proposal of
maintaining the current use while adding a Children's Education Center and playground is consistent with the future land use map of the 2020
Comprehensive Plan.
The proposed annexation has a related preliminary plat(PP-20-056)that was submitted on October 1,2020. The preliminary plat boundary is
adjacent to Fort Worth City Limits on the western and northern sides. The annexation case was presented to the City Plan Commission on
January 13,2021. The Commission voted to recommend approval of a recommendation to City Council for the annexation of the 5.10 acres at the
request of the property owners. There is no related zoning case. As such,the property will default to"AG"Agricultural zoning.
The proposed annexation site will continue to be accessed from Litsey Road,Endeavor Way,and Integrity Court. Litsey Road is shown as a
Neighborhood Connector,two-lane, No Special Facility,Center two-way left turn lane, No Parking,Off-street sidepath, 110 foot wide,on the City's
Master Thoroughfare Plan[NCO-L2-TO-TWLT-PO-BOP(110)]. The development will be responsible for contributing to the construction of that
portion of Endeavor Way(Collector)and Integrity Way which are adjacent to their property. Improvements on Endeavor Way and Integrity Court will
be accepted by the City of Fort Worth for maintenance upon completion.
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 0.13 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 0.13 acres is the required right-of-way portion of
the county road.
While the current church use will remain the applicant has proposed to add a Children's Education Center and playground. In its current use,the
property does not generate tax revenue. Since the site is proposed to remain for use as a church it is anticipated that the annexation will have a
negative fiscal impact to the General Fund into the foreseeable future. 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. Operating costs projected from the Police,
Code Compliance,and Transportation and Public Works Departments,show a negative effect to the General Fund for the life of the project. The
site is part of an enclave and is situated in an area experiencing urban development. As an enclave it is not required to have a positive fiscal
impact.
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-20-008.
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-20-008 for full purposes.
If annexed,this property will become part of COUNCIL DISTRICT 7.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that the impact of this annexation will be built into the City's long-term financial forecast of 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
Expedited