HomeMy WebLinkAbout(0051) Ordinance_(AX-20-005_Fraser_Ranch) Benchmark Acquisitions, LLC.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 242.279 ACRES
OF LAND, MORE OR LESS, AND APPROXIMATELY 2.254
ACRES OF LAND MORE OR LESS OF RIGHTS -OF -WAY OUT OF
THE OUT OF THE BENJAMIN THOMAS SURVEY, ABSTRACT
NO.1496, THE JUAN JOSE ALBIRADO SURVEY, ABSTRACT NO.
4, AND THE LUTICIA GOFF SURVEY, ABSTRACT NO. 633, IN
TARRANT COUNTY, TEXAS (CASE NO. AX-20-005) 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
Benchmark Acquisitions, LLC the owners, requesting the full -purpose annexation of
242.279 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 of Chapter 43 of the Texas Local
Government Code, the City section 43.0672 of the Texas Local Government Code,
Benchmark Acquisitions, LLC and the iwiw,
ated and entered into a written
agreement, City Secretary Contract No. for the provisions of municipal
services in the area; and
WHEREAS, the Property abuts 2.254 acres of county roads; and
WHEREAS, Chapter 43, 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 December
15, 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 242.279 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 242.279-ACRE TRACT OF LAND SITUATED IN THE BENJAMIN
THOMAS SURVEY, ABSTRACT No. 1496, THE JUAN JOSE ALBIRADO SURVEY,
ABSTRACT No. 4, AND THE LUTICIA GOFF SURVEY, ABSTRACT No. 633,
TARRANT COUNTY, TEXAS, AND BEING A PORTION OF THAT TRACT OF
LAND DESCRIBED TO WALSH RANCHES LIMITED PARTNERSHIP BY DEED
RECORDED IN VOLUME 12624, PAGE 92 OF THE OFFICIAL PROPERTY
RECORDS OF TARRANT COUNTY, TEXAS AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A 1-INCH PIPE FOUND IN THE CENTERLINE OF OLD
GRANBURY ROAD (AN 80-FOOT WIDE RIGHT-OF-WAY) FOR THE SOUTHEAST
CORNER OF SAID WALSH RANCH TRACT;
THENCE SOUTH 89006'45" WEST, WITH THE SOUTH LINE OF SAID WALSH
RANCHES TRACT AND THE CENTERLINE OF SAID OLD GRANBURY ROAD, A
DISTANCE OF 978.22 FEET TO A 3/8-INCH IRON ROD FOUND AT THE
REENTRANT CORNER OF SAID LUTICIA GOFF SURVEY;
THENCE SOUTH 00042'28" EAST, CONTINUING WITH SAID SOUTH LINE AND
SAID CENTERLINE, A DISTANCE OF 320.87 TO A MAG NAIL SET FOR THE
SOUTHERNMOST SOUTHEAST CORNER OF SAID WALSH RANCHES TRACT;
THENCE SOUTH 89015'30" WEST, DEPARTING SAID CENTERLINE AND
CONTINUING WITH SAID SOUTH LINE, A DISTANCE OF 2,740.57 FEET TO THE
SOUTH COMMON CORNER OF SAID WALSH RANCHES TRACT AND A TRACT
OF LAND DESCRIBED TO ONCOR ELECTRIC DELIVERY COMPANY BY DEED
RECORDED IN COUNTY CLERK FILE No. D202329261 OF SAID OFFICIAL
Annexation—AX-20-005 Ordinance No. Page 2 of 10
PUBLIC RECORDS, FROM WHICH A 60d NAIL FOUND IN A FENCELINE BEARS
SOUTH 88026'54" EAST, 1.43 FEET;
THENCE WITH THE EAST LINE OF SAID ONCOR ELECTRIC TRACT, THE
FOLLOWING COURSES AND DISTANCES:
NORTH 28004'42" EAST, A DISTANCE OF 1,870.95 FEET TO A TO A 5/8-
INCH CAPPED IRON ROD STAMPED "LJA SURVEYING" SET
(HEREINAFTER REFERRED TO AS "SET IRON ROD") FOR CORNER;
NORTH 61055' 18" WEST, A DISTANCE OF 25.00 FEET TO A TO A SET IRON
ROD FOR CORNER;
NORTH 28004'42" EAST, A DISTANCE OF 1458.01 FEET TO A TO A SET
IRON ROD FOR THE BEGINNING OF A CURVE TO THE RIGHT HAVING
A RADIUS OF 17,039.00 FEET AND A CHORD THAT BEARS NORTH
29034' 12" EAST, 887.10 FEET; WITH SAID CURVE TO THE RIGHT,
THROUGH A CENTRAL ANGLE OF 2059'00", AN ARC LENGTH OF 887.20
FEET TO A SET IRON ROD FOR CORNER;
NORTH 31 °03'42" WEST, A DISTANCE OF 644.92 FEET TO A TO A SET
IRON ROD AT THE SOUTH LINE OF SAID OLD GRANBURY ROAD FOR
CORNER;
THENCE NORTH 89015'30" EAST, WITH THE NORTH LINE OF SAID WALSH
RANCHES TRACT AND ALONG SAID SOUTH RIGHT-OF-WAY LINE, A
DISTANCE OF 1,348.52 FEET TO A MAG-NAIL SET IN THE CENTERLINE OF
SAID OLD GRANBURY ROAD FOR THE NORTHEAST CORNER OF SAME
TRACT;
THENCE SOUTH 00044'30" EAST, WITH SAID CENTERLINE, A DISTANCE OF
3,919.23 FEET TO THE POINT OF BEGINNING AND CONTAINING A
CALCULATED AREA OF 242.279 ACRES (10,553,672 SQ. FEET) OF LAND.
BASIS OF BEARING IS GRID NORTH, TEXAS STATE PLANE COORDINATE SYSTEM, NORTH
CENTRAL ZONE, NAD83 (2011) EPOCH 2O10, AS DETERMINED BY GPS OBSERVATIONS.
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 2.254 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
Annexation—AX-20-005 Ordinance No. Page 3 of 10
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,
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.
Annexation—AX-20-005 Ordinance No. Page 4 of 10
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-20-005 Ordinance No. Page 5 of 10
EXHIBIT A
OLD GRANBURY ROAD
(COUNTY ROAD 1089)
(VARIABLE R.D.W.) TY OF FORT
WORTH
700 0 700 3/8" IRF 2'9RF
SURVEY LINE FE CE 5 8"CIRS
LINE
BEARING
DISTANCE
L1
S89'06'45"W
978.22'
L2
S00'42'28"E
320.87'
L3
S89'15'30"W
2740.57'
L4
N28'04'42"E
1 a70.95'
L5
N61'55'18"W
25.00'
L6
N28-0442"E
1458.01'
L7
N31'03'42"E
644.92'
L8
N89'15'30"E
1348.52'
L9
S00'44'30"E
3919.23'
'PROX. CITY
LIMIT LINE
TARRANT
gNb/
COUNTY
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"LJA"
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242.279
ACRES
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SO. FEET)
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TRACT 3
WALSH RANCHES
TRACT1
= LIMITED PARTNERSHIP
WALSH RANCHES
92
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01PR?LCT
.126 4CG.PARTNERSHIP
SURVEY IINF
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TRACT 2
El WALSH RANCHES
LIMITED PARTNERSHIP
GOE CYO' VOL. 12624, PG. 92
6 O.P.R.T.C.T
P
APPROX. CITY
LIMIT LINE �I
N
AAUNAIL �&I
ZACHARYPENN
C.C.#D22W94041
—O.F.}iT.C. .
BRIDGEf EASTON
VOL 13893, PG.109
O.P.R.T.C.T.
ERRY KIRK LEDYARI
VOL 11496, PG.142
O.P.RT.C.T.
IEODATHSONNYDEONATH
AND SYLVIA DEONATH
�- VOL 10535, PG.313
O.P.R.T.C.T.
DEONATH LIVING TRUST
C.C.# D212174682
O.P.R.T.C.T.
STACI LEA DANFORD
C.C.# D216241497
O.P.R.T.C.T.
_SUNSETS ADDITION
C.C.#D196174443
O.P.RT.C.T.
J EDWARDDEMETRES
C.C.# D2051
O.P.R.T.C.T.
ROYCAIVANO 06
C.C.#D213029626 -0
O.P.R.T.C.T. PY'04 NO. A
S\30 1 0 tRPG
TARRANT POINT OF
COUNTY BEGINNING
1 1"PIPE FOUND
/ ff 3/8"IRF CITY OF
FORT WORTH
MAG NAIL
2 IRF I.R.F.
S88'26'S4�E 1.43' TARRANT COUNTY �R�'iy SET C.I.R.F.
TXU ROCKY CREEK KHRIS DAVIS O'GRADY & 1gA C•1•R•S•
SUBSTATION ADDITION WESLEY A. DAVIS CC#
C.C.# D201212673 C.C.# D212254877 8 G� r\ O.P.R.T.C.T.
O.P.R.T.C.T. O.P.R.T.C.T. (CM)
CURVE I CENTRAL ANGLE I RADIUS CHORD BEARING CHORD LENGTH
LEGEND
IRON ROD FOUND
CAPPED IRON ROD SET
CAPPED IRON ROD FOUND
COUNTY CLERK FILE No.
OFFICIAL PROPERTY RECORDS,
TARRANT COUNTY, TEXAS
CONTROLLING MONUMENT
ARC LENGTH
PAGES
OF 3
DATE:
09/11/2020 111
E X H I B I T " A 11
ANNEXATION EXHIBIT
IN THE
BENJAMIN THOMA95UBVEY, ABSTRACT No. 1496;JUANJOSE
ALBIRAOO SURVEY, ABSTRACT No. 4; AND THE LUTICIA GOFFFort
SURVEY AMMACF No. 633 IN TARRANT COUNTY TENS
WASuroeying,lne. `��
DRWNBY:
J.S.G.
CHKD BY:
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3017 West 7th Street Phone 682.747 0800
Suite300
Worth, Texas 7610 T B P LS Firm No 10194549
PROJ NO.
0073
Annexation—AX-20-005 Ordinance No. Page 6 of 10
Exhibit B
Legal Description for Right -of -Way
"A Portion of Old Granbury Road"
BEING A 2.254-ACRE RIGHT-OF-WAY SITUATED IN THE JUAN JOSE
ALBIRADO SURVEY, ABSTRACT No. 4, TARRANT COUNTY, TEXAS, AND
BEING ALL THAT PORTION OF THE EXISTING RIGHT-OF-WAY OF OLD
GRANBURY ROAD SITUATED NORTH OF A TRACT OF LAND DESCRIBED TO
WALSH RANCHES LIMITED PARTNERSHIP BY DEED RECORDED IN VOLUME
12624, PAGE 92 OF THE OFFICIAL PROPERTY RECORDS OF TARRANT
COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF OLD
GRANBURY ROAD (A VARIABLE WIDTH RIGHT-OF-WAY) WITH THE NORTH
RIGHT-OF-WAY LINE OF SAME, FROM WHICH THE SOUTHWEST CORNER OF
LOT 1X, BLOCK B, CHISHOLM TRAIL RANCH, AN ADDITION TO THE CITY OF
FORT WORTH, TARRANT COUNTY, TEXAS AS SHOWN BY PLAT RECORDED
IN COUNTY CLERK FILE NO. D220120851 OF SAID OFFICIAL PROPERTY
RECORDS, BEARS NORTH 32°05'52" EAST, 76.28 FEET;
THENCE SOUTH 00044'30" EAST, WITH THE CENTERLINE OF SAID OLD
GRANBURY ROAD, A DISTANCE OF 68.33 FEET TO A MAG-NAIL SET AT THE
INTERSECTION OF SAID CENTERLINE AND THE SOUTH RIGHT-OF-WAY LINE
OF SAID OLD GRANBURY ROAD FOR THE NORTHEAST CORNER OF SAID
WALSH RANCHES TRACT;
THENCE SOUTH 89015'30" WEST, WITH THE NORTH LINE OF SAID WALSH
RANCHES TRACT AND ALONG SAID SOUTH RIGHT-OF-WAY LINE A
DISTANCE OF 1,348.52 FEET TO A 5/8-INCH CAPPED IRON ROD STAMPED "LJA
SURVEYING" SET;
THENCE NORTH 30048'11" EAST, OVER AND ACROSS SAID RIGHT-OF-WAY, A
DISTANCE OF 93.59 FEET TO A 1/2-INCH IRON ROD FOUND FOR CORNER ON
THE NORTH RIGHT-OF-WAY LINE OF SAID OLD GRANBURY ROAD;
THENCE NORTH 89045'45" EAST, WITH SAID NORTH RIGHT-OF-WAY LINE, A
DISTANCE OF 1,299.60 FEET TO THE POINT OF BEGINNING AND
CONTAINING A CALCULATED AREA OF 2.254 ACRES (98,176 SQ. FEET), OF
LAND.
BASIS OF BEARING IS GRID NORTH, TEXAS STATE PLANE COORDINATE SYSTEM, NORTH
CENTRAL ZONE, NAD83 (2011) EPOCH 2O10, AS DETERMINED BY GPS OBSERVATIONS.
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-20-005 Ordinance No. Page 7 of 10
Exhibit C
Map of Right -of -Way
"A Portion of Old Granbury Road"
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DATE:
12/04/2020
EXHIBIT " A "
DRY:
S.A.T.
PAGE 2
WA Surveying, Inc.
5
ANNEXATION EXHIBIT
3017 West 71h Street Phone 662.747.0600
CHKD BY:
A.C.B.
IN THE
Suite TO
OF 2
JUAN IOSE ALBIRADO 5URVEY, ABSTRACT No. 4
INTARRANTCOUNTY,TEXAS
Fort Worth, Texas 76107 T B P IFS Firm No, 10194540
PROJ NO.
0073
Annexation—AX-20-005 Ordinance No. Page 8 of 10
Exhibit D
Municipal Services Agreement
Annexation—AX-20-005 Ordinance No. Page 9 of 10