HomeMy WebLinkAbout2021/01/26-Attachments-Ordinance_(AX-20-008)_Cornerstone_Bible_Churchmrr.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 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. 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 89°51' 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 0°08'43" 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.
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.
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-20-008 Ordinance No.
EXHIBIT A
Cornerstone Bible Church
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CALLED 0.1411 ACRE TRACT 00
c IIII mIIIIICSCALEINFEET DENTON COUNTY, TEXAS LITSEY ROAD PRANKg 4 HU TNOS5 RUE
INST. NO. 2010-24873 AVARIABLE w DTN R.O.W. A
D.R.D.C.T. — — — — —
NIRQ°dR'S1"F 599 71' — L
OLD LITSEY ROAD J
(PRESCRIPTIVE R.O.W.)
P.O.B.
(BY 115E AND OCCUPATPON)
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CALLED 0,0303 ACRE TRACT
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DENTON COUNTY,
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This document was prepared under 22 TAG
A. ROBINSON SURVEY, ABSTRACT NO. 1119
§663.21, does not reflect the results of an on
M.E,P, & PR.R_ CO. SURVEY,
the ground survey, and is not to be used to
ABSTRACT NO. 906
convey or establish interests in real property
except those rights and interests implied or
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Annexation—AX-20-008 Ordinance No.
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
0.1411 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 corner 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 corner of said 0.1411 acre tract;
THENCE North 0°08'43" 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.
Exhibit C
Map of Right -of -Way
"A Portion of Litsey Road"
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Annexation—AX-20-008 Ordinance No.
Exhibit D
Municipal Services Agreement
Annexation—AX-20-008 Ordinance No.