HomeMy WebLinkAbout2020/11/10-Attachments-Ordinance_(AX-20-002) mr10.15.20.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 85.967 ACRES
OF LAND, MORE OR LESS, OUT OF THE OUT OF THE A. KING
SURVEY, ABSTRACT NO. 710, THE W. SAMPLE SURVEY,
ABSTRACT NO. 1207, THE L. BUTLER SURVEY, ABSTRACT NO.
64, THE C. PERRY SURVEY, ABSTRACT NO. 1031 AND THE A.
ROBERTSON SURVEY, ABSTRACT NO. 1553, IN DENTON
COUNTY, TEXAS (CASE NO. AX-20-002) 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; PROVIDING A SAVINGS CLAUSE AND
NAMING AN EFFECTIVE DATE.
WHEREAS, the City of Fort Worth has received a petition in writing from NP-
OV FORT WORTH PROJECT 2, LLC., the owners, requesting the full -purpose
annexation of 85.967 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, NP-
OV FORT WORTH PROJECT 2, LLC. and the Ci negotiated and entered into a written
agreement, City Secretary Contract No. , for the provisions of municipal
services in the area; and
WHEREAS, the City conducted one public hearing at which members of the public
who wished to present testimony or evidence regarding the Municipal Service Agreement
and Full -Purpose Annexation were given the opportunity to do so, in accordance with the
procedural requirements of Section 43.0686 of the Local Government Code on November
10, 2020 at 7:00 p.m., at the City Council Chamber; and square footage in the descriptions.
Annexation—AX-20-002 Ordinance No. Page 1 of 7
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 85.967 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 A. King Survey, Abstract No. 710, the W. Sample
Survey, Abstract No. 1207, the L. Butler Survey, Abstract No. 64, the C. Perry Survey,
Abstract No. 1031 and the A. Robertson Survey, Abstract No. 1553, Denton County, Texas
and being part of that certain tract of land described by deed to M.T. Cole Family
Partnership Number 2, LP, recorded in Instrument Number 2009-102749, Deed Records,
Denton County, Texas, said tract of land being more particularly described by metes and
bounds as follows:
COMMENCING at a point in the northerly right-of-way line of F.M. 156 (variable width
public right-of-way), recorded in Instrument Number 2007-110923, Deed Records, Denton
County, Texas, the southeast corner of Lot 4, Block 1, Dave Addition, an addition to the
City of Fort Worth, according to the plat recorded in Instrument Number 2018-152, Plat
Records, Denton County, Texas, in a non -tangent curve to the left having a central angle
of 15°36'59", a radius of 2,964.79 feet, a chord bearing and distance of South 84°36'55"
West - 805.57 feet and from which a found 1/2" iron rod with cap stamped "SPIARS ENG"
bears South 80°58'17" East, a distance of 0.90 feet;
THENCE, with the north right-of-way line of said F.M. 156 the following courses and
distances:
Along said non -tangent curve to the left in a southwesterly direction, a passing
distance of 808.07 feet to a point for the most southerly southwest corner of said
Lot 4, Block 1, Dave Addition, being in centerline of Elizabeth Creek and
continuing for a total arc length of 1,089.72 feet;
THENCE South 81 ° 12'39" West, a distance of 106.20 feet to a point for the
beginning of a non -tangent curve to the left having a central angle of 26°37'57", a
radius of 2,984.79 feet and a chord bearing and distance of South 56'02' 18" West -
1,374.95 feet;
THENCE, with said non -tangent curve to the left in a southwesterly direction, an
arc length of 1,387.40 feet;
THENCE South 47° 16'39" East, a distance of 20.00 feet to a point for the beginning
of a non -tangent curve to the left having a central angle of 01 ° 11'35", a radius of
Annexation—AX-20-002 Ordinance No. Page 2 of 7
2,964.79 feet and a chord bearing and distance of South 42°07'32" West - 61.73
feet;
THENCE with said non -tangent curve to the left in a southwesterly direction, an
arc length of 61.73 feet to a point;
THENCE South 41 °31'45" West, a distance of 2,286.16 feet to a point for the
beginning of a curve to the left having central angle of 00°50'15", a radius of
4,683.66 feet and a chord bearing and distance of South 41 °06'37" West - 68.46
feet;
THENCE with said curve to the left in a southwesterly direction, an arc length of
68.46 feet to a point in the northerly right-of-way line of said F.M. 156;
THENCE North 47°51' 10" West, departing the northerly right-of-way line of said F.M.
156, crossing into said M.T. Cole Family Partnership No. 2, LP, a distance of 102.37 feet
to a point;
THENCE North 41 °00'36" West, a distance of 100.72 feet to a point;
THENCE North 47°51'10" West, a distance of 888.32 feet to the POINT OF BEGINNING
of the tract herein described;
THENCE North 47°51' 10" West, a distance of 377.50 feet to a point of curvature to the
left, said curve having a central angle of 24°51' 17", a radius of 500.00 feet and a chord
bearing and distance of North 56' 13' 18" West — 215.20 feet;
THENCE Northwesterly along said curve to the left 216.90 feet to a point;
THENCE North 73°06'46" West, a distance of 55.84 feet to a point of non -tangential
curvature to the right, said curve having a central angle of 29°33'06", a radius of 500.00
feet and a chord bearing and distance of North 62°49'41" West — 255.04 feet;
THENCE Northwesterly with said curve, a distance of 257.89 feet to a point;
THENCE North 48°28'15" West, a distance of 336.44 feet to a point of curvature to the
left, said curve having a central angle of 14°12'32", a radius of 470.00 feet and a chord
bearing and distance of North 55°34'31" West—116.26 feet;
THENCE Northwesterly along said curve a distance of 116.56 feet to a point;
THENCE North 41°23'43" East, a distance of 3217.09 feet to a point in the southerly line
of a certain tract of land described in deed to Forestar (USA) Real Estate Group, Inc,
recorded in Instrument Number 2018-27156, Deed Records, Denton County, Texas and
the approximate centerline of Elizabeth Creek;
THENCE with the approximate centerline of said Elizabeth Creek and with the southerly
line of said to Forestar (USA) Real Estate Group, Inc. tract the following courses and
distances:
South 65' 10' l 0" East, a distance of 365.02 feet to a point;
Annexation—AX-20-002 Ordinance No. Page 3 of 7
South 14' 16' 19"
East, a distance of 227.09 feet to a point;
South 13'52'11"
West, a distance of 158.68 feet to a point;
South 42°51'54"
West, a distance of 280.44 feet to a point;
South 10'5 F38"
East, a distance of 217.01 feet to a point;
South 05'50'18"
West, a distance of 98.25 feet to a point;
South 28°47'08"
East, a distance of 144.88 feet to a point;
South 28'47' 11" East, a distance of 218.76 feet to a point;
South 61°35'42"
East, a distance of 176.11 feet to a point;
THENCE leaving said line, South 41 °31'45" West, a distance of 888.30 feet to a point;
THENCE South 63°59' 17" West, a distance of 117.80 feet to a point;
THENCE South 41°31'45" West a distance of 75.59 feet to a point;
THENCE South 19°04' 13" West, a distance of 117.80 feet to a point;
THENCE South 41°31'45" West a distance of 1171.00 feet to the POINT OF
BEGINNING and containing a calculated area of 3,744,788 square feet or 85.969 acres of
land.
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.
Annexation—AX-20-002 Ordinance No. Page 4 of 7
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.
APPROVED AS TO FORM AND LEGALITY:
Melinda Ramos
Senior Assistant City Attorney
ADOPTED AND EFFECTIVE:
Mary J. Kayser
City Secretary
Annexation—AX-20-002 Ordinance No. Page 5 of 7
EXHIBIT A
Annexation—AX-20-002 Ordinance No. Page 6 of 7
Exhibit B
Municipal Services Agreement
(see attached)
Annexation—AX-20-002 Ordinance No. Page 7 of 7