HomeMy WebLinkAbout2020/11/17-Attachments-Ordinance (AX-20-003).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 132.362 ACRES
OF LAND, MORE OR LESS OUT OF THE J.D. KYLE SURVEY,
ABSTRACT NO. 792 AND THE C. JACKSON SURVEY,
ABSTRACT NO. 754, AND APPROXIMATELY 3.875 ACRES OF
LAND MORE OR LESS OF RIGHTS -OF -WAY OUT OF THE J.D.
KYLE SURVEY, ABSTRACT NO. 792, IN PARKER COUNTY,
TEXAS (CASE NO. AX-20-003) 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 Aledo
Independent School District, the owners, requesting the full -purpose annexation of
132.362 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, Aledo
Independent School District and the Ci negotiated and entered into a written agreement,
City Secretary Contract No. E, for the provisions of municipal services in the
area; and
WHEREAS, the Property abuts 3.875 acres of county roads; 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
17, 2020 at 7:00 p.m., at the City Council Chamber; and square footage in the descriptions.
WHEREAS, the City Council finds and determines that annexation of the Property
hereinafter described is in the best interest of the citizens of the City of Fort Worth and the
owners and residents of the area.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH, TEXAS:
SECTION 1.
That all portions of the Property, comprising approximately 132.362 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 132.362 acres of land situated in the J.D. Kyle Survey, Abstract No. 792 and the C.
Jackson Survey, Abstract No. 754, Parker County, Texas, being a portion of that certain
tract of land described in deed to Aledo Independent School District (Aledo I.S.D.),
according to the deed filed in Volume 2583, Page 1480, Deed Records of Parker County,
Texas (D.R.P.C.T.); and being more particularly described by metes and bounds as follows:
BEGINNING in the most southerly west line of said Aledo I.S.D. tract, also being in the
east line of a tract of land described in deed to Kevin W. Van, J.C.D., D.D., Bishop of the
Catholic Diocese of Fort Worth, as filed in Volume 2459, Page 1357, D.R.P.C.T., and also
being the northwest corner of the proposed Right -of -Way (R-O-W) line for Old
Weatherford Road, from which a smooth 5/8 inch iron rod found at the southwest corner
of said Aledo I.S.D. tract, and called south Right -of -Way (R-O-W) line of said Old
Weatherford Road per Aledo I.S.D. deed, also being the southeast corner of said Catholic
Diocese tract, bears S 01 ° 12'46" E, a distance of 74.08 feet;
THENCE N 01 ° 12'46" W, along the most southerly west line of said Aledo I.S.D. tract,
and along the east line of said Catholic Diocese tract, at a distance of 1125.78 feet passing
a 1/2 inch iron rod found for reference, and continuing in all, a distance of 1513.03 feet to
the approximate center of a creek, also being a re-entrant corner of said Aledo I.S.D. tract,
and the northeast corner of said Catholic Diocese tract;
THENCE along the most northerly south line of said Aledo I.S.D. tract, the north line of
said Catholic Diocese tract, and along the approximate center of a creek, the following
courses and distances;
S 75°48'50" W, a distance of 373.75 feet;
N 79°51'40" W, a distance of 269.21 feet;
S 59050'27" W, a distance of 310.63 feet to the east line of a tract of land described
in deed to FWFW Holdings, Inc., as filed in Instrument #201410303, D.R.P.C.T.,
Annexation—AX-20-003 Ordinance No.
also being the most westerly southwest corner of said Aledo I.S.D. tract, and being
the northwest corner of said Catholic Diocese tract;
THENCE N 01012'46" W, along the west line of said Aledo I.S.D. tract, and along the
east line of said FWFW Holdings tract, at a distance of 78.23 feet passing a 1/2 inch iron
rod with cap stamped "Miller 5565", found for northeast corner of said FWFW Holdings
tract, also being the southeast corner of Lot 14, Block 68, Morningstar, an addition to
Parker County, Texas, as filed in Cabinet E, Slide 179, Plat Records of Parker County,
Texas (P.R.P.C.T.), and continuing along said line passing the east line of Lots 9 thru 13
and said Lot 14 of said Block 68, at total distance of 378.42 feet passing a 1/2 inch iron rod
with cap stamped "CBG Surveying", found for northeast corner of said Lot 9, also being
the southeast corner of the remainder of tract 2, as described in deed to Wilbow-
Morningstar Development, Inc., as filed in Instrument #201523102, D.R.P.C.T., and
continuing along the west line of said Aledo I.S.D. tract, passing along the east line of said
Wilbow-Morningstar tract, also passing along the east line of Lot 1X, Block 38,
Morningstar, an addition to Parker County, Texas, as filed in Cabinet D, Slide 559,
P.R.P.C.T., in all, a distance of 1720.70 feet to the northwest corner of said Aledo I.S.D.
tract, also being in the east line of said Lot 1X, also being the southwest corner of a tract
of land described in deed to Moncrief Properties LLC, a Texas limited liability company,
as filed in Instrument #201932829, D.R.P.C.T., and being in the approximate centerline of
Mary's Creek;
THENCE along the northerly line of said Aledo I.S.D. tract, the approximate center of
Mary's Creek and south line of said Moncrief Properties tract, the following courses and
distances;
S 73°22'40"
E, a distance of 83.60 feet;
S 54°25'31"
E, a distance of 119.33 feet;
S 34°42'35"
E, a distance of 218.19 feet;
S 10'51'04"
E, a distance of 303.28 feet;
S 83°45'29"
E, a distance of 252.72 feet;
N 76°19'58"
E, a distance of 612.36 feet;
S 57°59'20"
E, a distance of 67.68 feet;
S 23°54'43"
E, a distance of 235.92 feet;
S 73°14'01"
E, a distance of 100.07 feet;
N 88°22'55"
E, a distance of 177.19 feet;
S 44°02'49"
E, a distance of 245.23 feet;
S 49°20' 15"
E, a distance of 316.04 feet;
S 63°47'36"
E, a distance of 111.76 feet;
Annexation—AX-20-003 Ordinance No.
N 76°50'55" E, a distance of 164.42 feet;
S 82°23'31" E, a distance of 138.47 feet;
S 67°30'36" E, a distance of 319.90 feet;
S 44°45'25" E, a distance of 180.44 feet;
S 78°45'48" E, a distance of 53.43 feet;
N 77°47'20" E, a distance of 92.51 feet;
N 72°51' 17" E, a distance of 84.98 feet;
N 62°02'55" E, a distance of 99.84 feet;
S 86°37'55" E, a distance of 100.31 feet;
S 51 °58' 58" E, a distance of 229.43 feet to the northeast corner of said Aledo I.S.D.
tract, also being in the approximate center of Mary's Creek, also being in the south
line of said Moncrief Properties tract, and also being the northwest corner of a tract
of land described in deed to Weatherford College of the Parker County Junior
College District, as filed in Volume 2583, Page 1474, D.R.P.C.T.;
THENCE S 10046'29" W, along the east line of said Aledo I.S.D. tract, and along the west
line of said Weatherford College tract, a distance of 1202.61 feet to a 5/8 inch iron rod
found at the most easterly southeast corner of said Aledo I.S.D. tract, also being the most
westerly southwest corner of said Weatherford College tract, also being the northwest
corner of a tract of land described in deed to Aledo Independent School District, according
to the deed filed in Volume 2682, Page 958, D.R.P.C.T., and also being the northeast corner
of a tract of land described in deed to Regina Grammer, according to the deed filed in
Volume 2438, Page 899, D.R.P.C.T.;
THENCE S 89045'35" W, along the most easterly south line of said Aledo I.S.D. tract
(Vol. 2583, Pg. 1480), and along the north line of said Grammer tract, a distance of 250.41
feet to a 3/8 inch iron rod found at the northwest corner of said Grammer tract, also being
a re-entrant corner of said Aledo I.S.D. tract (Vol. 2583, Pg. 1480);
THENCE S 11033'30" E, along the most southerly east line of said Aledo I.S.D. tract
(Vol. 2583, Pg. 1480), and along the west line of said Grammer tract, a distance of 349.60
feet to the northeast corner of the proposed R-O-W line for said Old Weatherford Road,
from which a 3/8 inch iron rod found at the southwest corner of said Grammer tract, also
being in east line of said Aledo I.S.D. tract (Vol. 2583, Pg. 1480), bears S 11'33'30" E, a
distance of 88.64 feet;
THENCE S 88037'48" W, over and across said Aledo I.S.D. tract, along the proposed
north R-O-W line for said Old Weatherford Road, a distance of 2085.31 feet to the POINT
OF BEGINNING and containing 132.362 acres of land.
Annexation—AX-20-003 Ordinance No.
"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 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 3.875 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
Annexation—AX-20-003 Ordinance No.
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.
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:
Melinda Ramos Mary J. Kayser
Senior Assistant City Attorney City Secretary
ADOPTED AND EFFECTIVE:
Annexation—AX-20-003 Ordinance No.
EXHIBIT A
J
M
N
!7
N
M
�Nn
N
C
t0
^
n
N
o
2
n
ce
C6
0
aoa
n
h
a
0,g
N
N
iV
00
m
a
in
o
N
i�
!
u1
0
m
V
fn60
.
o
.
N
N
N
Y
z
@
'v
a,
i7
io
iu
F
•v
5o
f
iv
iv
is
C
n
0
n
Z
i[)
0
n
0
u]
VI
M
y
N
m
VI
n
Z
v7
fA
N
w
1�
m
CQ
Z
Q
✓�
V1
W
V�
n
Z
W
VA
'p
[A
V
V)
n
In
n
Z
n
Z
m
2
GO
v)
in
V1
J
r i
Co
1'0'd71O W10-1 �d 'f99Z 'MA
o
131HIS14 3937700 V01W ALM/700
I
d3NWd -iHi !0 39377X adCUZ3N1d3M
Ci
r6tY�J
a
O
L9'ZOZ!
o
o
,9b LS
' :"o m:�
o °'
(n N y
¢�
I�
• p�•P2
p
//� a_.
in
y..•'�
34E
�S 7
Q
K
N
w °' 2
O
rn
03
�
U d
V
°
C
� 4
1U
r.l
VUf C'i F:.
4 Ci
Ct
u
QQWA
ti
a
o
ti J
n
M .
N 000
W,
O�
vi
W
ry
�+ w
w3 DD
r
�ti bo
Ad
w
L—
CV
ll
,� o
��
N -
--�_—
N S
r s o
0 o7,
E:.
,£0'£L9l 'M..9b,ZLION
G!
G a n n Q
U
SZL L 'M 9t.Zt.LON
X
0
FEU zzV�?.
2
Z�yn
W t� Q�
U� �iU3 VCo
2 h
�
2OCC��O�p
ajn LL n o
Cli
Cax
3 VBYO W I
��
n e
IM�'�
2�OLLN
o�
m
,0L-0ZLI 'M 9b,Zl.ION
CS
��ii
22 hU WN
rL,�
U`
J
U
U
VI
�.'.
3
�
Annexation—AX-20-003 Ordinance No.
Exhibit B
Legal Description for Right -of -Way
"A Portion of Old Weatherford Road"
Being 3.875 acres of land situated in the J.D. Kyle Survey, Abstract No. 792, Parker County,
Texas, being a portion of that certain tract of land described in deed to Aledo Independent
School District (Aledo I.S.D.), according to the deed filed in Volume 2583, Page 1480, Deed
Records of Parker County, Texas (D.R.P.C.T.); and being more particularly described by
metes and bounds as follows:
BEGINNING at a smooth 5/8 inch iron rod found at the southwest comer of said Aledo
I.S.D. tract and called south Right -of -Way (R-O-W) line of said Old Weatherford Road per
Aledo I.S.D. deed, also being the southeast comer of a tract of land described in deed to
Kevin W. Van, J.C.D., D.D., Bishop of the Catholic Diocese of Fort Worth, as filed in
Volume 2459, Page 1357, D.R.P.C.T., from which a 1/2 inch iron rod, found for reference in
the most southerly west line of said Aledo I.S.D. tract, also being in the east line of said
Catholic Diocese tract, bears N 01 *12'46" W, a distance of 1199.86 feet;
THENCE N 01012'46" W, over and across said Old Weatherford Road, along the most
southerly west line of said Aledo I.S.D. tract, and along the east line of said Catholic Diocese
tract, at a distance of 74.08 feet to the northwest corner of the proposed new R-O-W line for
said Old Weatherford Road;
THENCE N 88°37'48" E, over and across said Aledo I.S.D. tract, along the proposed new
north R-O-W line for said Old Weatherford Road, a distance of 2085.31 feet to the most
southerly east line of said Aledo I.S.D., also being in the west line of a tract of land described
in deed to Regina Grammer, according to the deed filed in Volume 2438, Page 899,
D.R.P.C.T.
THENCE S 11'33'30" E, over and across said Old Weatherford Road, along the most
southerly east line of said Aledo I.S.D. tract, and along the west line of said Grammer tract,
at a distance of 75.87 feet passing a 3/8 inch iron rod found at the southwest comer of said
Grammer tract, and continuing in all, a distance of 88.64 feet to the southeast comer of said
AIedo I.S.D. tract and called south R-O-W line of said Old Weatherford Road per Aledo
I.S.D. deed, also being in the north line of a variable width R-O-W dedicated for Old
Weatherford Road, as per the plat of Walsh Ranch -Quail Valley, an addition to the City of
Fort Worth, Parker County, Texas, as filed in Cabinet E, Slide 513, P.R.P.C.T.;
THENCE S 88'59'20" W, along the south of said Aledo I.S.D. tract and called south
R-O-W line of said Old Weatherford Road per Aledo I.S.D. deed, passing along the north
line of a variable width R-O-W dedicated for Old Weatherford Road, per said plat of Walsh
Ranch -Quail Valley, also passing along the north line of Walsh Ranches Limited Partnership,
as filed in Volume 1699, Page 1765, D.R.P.C.T., and also passing along the north line of Geo
Beggs III et al, as filed in Volume 204, Page 497, D.R.P.C.T., in all, a distance of 2t01.23
feet to the POINT OF BEGINNING and containing 3.875 acres of land.
�S - : August 11, 2020
Theron W. Sims, R.P.L,S.
Texas Registration No. 588
Surveyed on the ground March 18, 2020
"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 implied or established by the creation or reconfiguration
of the boundary of the political subdivision for which it was prepared."
Annexation—AX-20-003 Ordinance No.
Exhibit C
Map of Right -of -Way
"A Portion of Old Weatherford Road"
� � o
,w4:o N �diO� aZ Z o 0
O F N N pW�4Ci Ur�tljC ''4Ci
O:�n � w: v1 / �� '.t-• kaN 4 ?moo ONa N
v�• �s :w: O!O N� C �0.t�jh0 Wy Qh0 I O
e; :••per 3 w ri+ ti k o ¢ N
fs••; '•y' V ZW Q yN �~2� I
O
HF O V]m ¢ ^ Z
�k k�
o'er
00
00
[�] A W.o'°,4 cwi� W H U z-• pip O 4� h C �.
ans.�W.
} I `e-� d 00
Z z
x
¢
o � I LIr � •8
/
.0 �3 WSJ Q tom.
w E
cc
COD•p e
UCL
n 98'fi6l L 'M 9ti,Z L.LON
_ of�e[
iW d d I owo O rM�
a W �-••. 1 ci �
a ' 3�U`i0sp
j z oWry z �
`on ;
m
`m `t
a
�k� U o CIO 10 �N4
ti
z�a O o42U z
r4a oNk
xkgk �j�4�k Y20k ��O J 1.
Annexation—AX-20-003 Ordinance No.
Exhibit D
Municipal Services Agreement
Annexation—AX-20-003 Ordinance No.