HomeMy WebLinkAboutOrdinance 24979-08-2021 ORDINANCE NO. 24979-08-2021
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 197.754 ACRES
OF LAND, MORE OR LESS, OUT OF THE OUT OF C. PERRY
SURVEY, ABSTRACT NO. 1031, THE A. KING SURVEY,
ABSTRACT NO. 710,AND THE L. BUTLER SURVEY,ABSTRACT
NO. 64, AND THE A. ROBERTSON SURVEY, ABSTRACT NO.
1553, THE G. OVERTON SURVEY, ABSTRACT NO. 972, THE J.
BEATON SURVEY, ABSTRACT NO. 1708, THE C. PERRY
SURVEY, ABSTRACT NO. 1031, AND THE L. BUTLER SURVEY,
ABSTRACT NO.64,IN DENTON COUNTY,TEXAS(CASE NO.AX-
21-002) 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; AND NAMING
AN EFFECTIVE DATE.
WHEREAS, the City of Fort Worth has received a petition in writing from M.T.
Cole Family Partnership No. 2, LP., the owners, requesting the full-purpose annexation of
197.754 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, M.T.
Cole Family Partnership No. 2, LP., and the City negotiated and entered into a written
agreement, City Secretary Contract No. 56136, 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 June 8,
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 197.754 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:
PROPERTY DESCRIPTION TRACT 1
BEING a tract of land situated in the C. Perry Survey, Abstract No. 1031, the A. King
Survey, Abstract No. 710, and the L. Butler Survey, Abstract No. 64, Denton County,
Texas, being a portion of that tract of land as described in deed to The M.T. Cole Family
Partnership No. 2, LP, recorded in 2009-102749, Official Records, Denton County, Texas
(ORDCT), and being more particularly described as follows:
COMMENCING at 1/2" rebar capped Goodwin & Marshall set at the most westerly
corner of Lot 1R, Block 1, Northpoint Alliance Industrial Park, an addition to the City of
Fort Worth, Denton County, Texas as recorded in 2020-401, ORDCT, said point being a
reentrant corner in the northeasterly line of a tract of land as described in deed to NP-OV
Fort Worth Logistics Park, LLC, recorded in 2020-70676, ORDCT;
THENCE North 41 degrees 23 minutes 43 seconds East, along the northwesterly line of
said Lot 1R, Block 1 and a reentrant line of said NP-OV Fort Worth Logistics Park tract, a
distance of 7.87 feet to the POINT OF BEGINNING of the herein described tract of land;
THENCE departing the northwesterly line of said Lot 1R,Block 1,along the northeasterly
line of said NP-OV Fort Worth Logistics Park tract and a tract of land as described in deed
to NP-OV Fort Worth Logistics Project CY, LLC, recorded in 2020-70675, ORDCT, as
follows:
Northwesterly, along a non-tangent curve to the left, having a radius of 470.00 feet,
a central angle of 17 degrees 51 minutes 59 seconds, an arc distance of 146.56 feet,
and a chord that bears North 72 degrees 38 minutes 10 seconds West, 145.97 feet
to the beginning of a reverse curve to the right, having a radius of 530.00 feet;
Northwesterly, along said curve, having a central angle of 45 degrees 36 minutes
19 seconds, an arc distance of 421.86 feet, and a chord that bears North 58 degrees
Annexation—AX-21-002 Ordinance No.24979-08-2021
46 minutes 00 seconds West, 410.81 feet to the beginning of a reverse curve to the
left, having a radius of 20.00 feet;
Northwesterly, along said curve, having a central angle of 41 degrees 07 minutes
27 seconds, an arc distance of 14.36 feet, and a chord that bears North 56 degrees
31 minutes 36 seconds West, 14.05 feet to the beginning of a curve to the right,
having a radius of 537.50 feet;
THENCE, departing said NP-OV Fort Worth Logistics Project CY tract, across said The
M.T. Cole Family Partnership No. 2 tract, as follows
Northwesterly, along said curve, having a central angle of 34 degrees 49 minutes
21 seconds, an arc distance of 326.68 feet, and a chord that bears North 17 degrees
24 minutes 41 seconds West, 321.67 feet to the end of said curve;
NORTH, tangent to said curve, a distance of 1,599.89 feet to the beginning of a
tangent curve to the left, having a radius of 50.00 feet;
Northwesterly, along said curve, having a central angle of 47 degrees 54 minutes
11 seconds, an arc distance of 41.80 feet, and a chord that bears North 23 degrees
57 minutes 05 seconds West, 40.60 feet to the beginning of a reverse curve to the
right, having a radius of 80.00 feet;
Northeasterly, along said curve, having a central angle of 257 degrees 40 minutes
03 seconds, an arc distance of 359.77 feet, and a chord that bears North 80 degrees
55 minutes 51 seconds East, 124.64 feet to the beginning of a reverse curve to the
left, having a radius of 50.00 feet;
Southwesterly, along said curve, having a central angle of 29 degrees 45 minutes
52 seconds, an arc distance of 25.97 feet, and a chord that bears South 14 degrees
52 minutes 56 seconds West, 25.68 feet to the end of said curve;
SOUTH, tangent to said curve, a distance of 29.57 feet;
EAST, a distance of 868.00 feet;
North 41 degrees 23 minutes 43 seconds East,a distance of 1,149.97 feet to a point
in the approximate centerline of Elizabeth Creek,the northeasterly line of said The
M.T. Cole Family Partnership No. 2 tract, and the southerly line of a tract of land
as described in deed to Forestar(USA) Real Estate Group, Inc., recorded in 2018-
27156, ORDCT;
THENCE along the approximate centerline of said Elizabeth Creek and the line common
to said The M.T. Cole Family Partnership No. 2 tract and said Forestar tract, as follows:
South 38 degrees 30 minutes 47 seconds East, a distance of 125.04 feet;
Annexation—AX-21-002 Ordinance No.24979-08-2021
North 89 degrees 37 minutes 39 seconds East, a distance of 257.30 feet;
South 38 degrees 05 minutes 49 seconds East, a distance of 346.38 feet;
South 57 degrees 05 minutes 20 seconds East, a distance of 353.97 feet;
South 65 degrees 10 minutes 10 seconds East, a distance of 161.09 feet to the most
northerly corner of said Lot 1 R, Block 1;
THENCE South 41 degrees 23 minutes 43 seconds West, departing said Elizabeth Creek
, along the northwesterly line of said Lot 1R, Block 1, a distance of 3,209.22 feet to the
POINT OF BEGINNING and containing 95.932 acres of land, more or less.
AND
PROPERTY DESCRIPTION TRACT 2
BEING a tract of land situated the A.Robertson Survey,Abstract No. 1553,the G. Overton
Survey, Abstract No. 972, the J. Beaton Survey, Abstract No. 1708, the C. Perry Survey,
Abstract No. 1031,and the L. Butler Survey,Abstract No. 64,Denton County,Texas,being
a portion of a tract of land as described in deed to The M.T. Cole Family Partnership No.
25 LP,recorded in 2009-102749, Official Records,Denton County, Texas(ORDCT),being
a portion of a tract of land as described in deed to The M.T. Cole Family Partnership No.
2,LP,recorded in 2019-72025, ORDCT, and being more particularly described as follows:
BEGINNING at a 5/8" rebar capped Dunaway found in the northwesterly line of Blue
Mound Road — F.M. 156 (variable width R.O.W. per 2007-110923, ORDCT) at the most
southerly corner of Lot 1R, Block 1,Northpoint Alliance Industrial Park, an addition to the
City of Fort Worth, Denton County, Texas as recorded in 2020-401, ORDCT;
THENCE Southwesterly, along the northwesterly line of said Blue Mound Road and a
curve to the left, having a radius of 4,683.66 feet, a central angle of 17 degrees 05 minutes
27 seconds, an arc distance of 1,397.09 feet, and a chord that bears South 32 degrees 08
minutes 46 seconds West,1,391.92 feet to a point at a bent 5/8"rebar found at the southeast
corner of said M.T. Cole tract and the northeast corner of a tract of land as described in
deed to The Burlington Northern and Santa Fe Railway Company, recorded in 2005-3454,
ORDCT;
THENCE North 88 degrees 55 minutes 13 seconds West, departing the northwesterly line
of said Blue Mound Road, along the line common to said M.T. Cole tract and said
Burlington Northern and Santa Fe Railway Company tract, distance of 2,116.51 feet to a
5/8" rebar capped Dunaway found at the southeast corner of a tract of land as described in
deed to the BNSF Railway Company, recorded in 2020-14394, ORDCT;
Annexation—AX-21-002 Ordinance No.24979-08-2021
THENCE North 00 degrees 04 minutes 32 seconds East, departing the north line of said
Burlington Northern and Santa Fe Railway Company tract,along the east line of said BNSF
Railway Company tract, a distance of 641.42 feet to most southerly corner of a tract of land
as described in deed to NP-OV Fort Worth Logistics Park, LLC, recorded in 2020-70676,
ORDCT;
THENCE departing the east line of said BSNF Railway Company tract, along the
southeasterly line of said NP-OV Fort Worth Logistics Park tract, as follows:
North 35 degrees 59 minutes 44 seconds East, a distance of 2,050.69 feet;
North 46 degrees 06 minutes 48 seconds East, a distance of 137.29 feet to the most
easterly corner of said NP-OV Fort Worth Logistics Park tract and a point in the
southwesterly line of said Lot 1R, Block 1,Northpoint Alliance Industrial Park;
THENCE along the southwesterly line of said Lot 1R, Block 1, Northpoint Alliance
Industrial Park, as follows:
South 48 degrees 28 minutes 15 seconds East, a distance of 16.05 feet to the
beginning of a non-tangent curve to the left, having a radius of 500.00 feet
Southeasterly, along said curve,having a central angle of 29 degrees 33 minutes 07
seconds, an arc distance of 257.89 feet, and a chord that bears South 62 degrees 49
minutes 41 seconds East, 255.04 feet to the end of said curve;
South 73 degrees 06 minutes 46 seconds East, non-tangent to said curve,a distance
of 55.84 feet to the beginning of a non-tangent curve to the right, having a radius
of 500.00 feet;
Southeasterly, along said curve,having a central angle of 24 degrees 51 minutes 16
seconds, an arc distance of 216.90 feet, and a chord that bears South 56 degrees 13
minutes 18 seconds East, 215.20 feet to the end of said curve;
South 47 degrees 51 minutes 10 seconds East,non-tangent to said curve,a distance
of 1,265.82 feet;
South 41 degrees 00 minutes 36 seconds East, a distance of 100.72 feet;
South 47 degrees 51 minutes 10 seconds East, a distance of 102.37 feet to the
POINT OF BEGINNING and containing 101.822 acres of land.
Annexation—AX-21-002 Ordinance No.24979-08-2021
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.
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
Annexation—AX-21-002 Ordinance No.24979-08-2021
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:
lv -� 2/ 0-06f
Melinda Ramos onald P. Gonzales
Senior Assistant City Attorney Acting City Secretary
ADOPTED AND EFFECTIVE: August 3, 2021
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Annexation—AX-21-002 Ordinance No.24979-08-2021
EXHIBIT A
TRACT 1
0 Soo
i Ss,u� ETJ ORDINANCE No.21377
(REMA/NDERJ e FORESTAR(USA/REAL
THE M.T COLE FAMILY n ?y ESTATE GROUP INC.
PARTNERSHIP No.2,LP �� 2018-27156
2009-10274P O.R.D.CT
O.R.D.C.T.
I
I
_ _ A-710
A•101 A-64
THEM T..GOLEfRAM/LY �� V
I PARTNERSHIP No.2 LP
2009 102749 1
I O.R.D.C.T
KY �o 95.932 ACRES
(REMAINDERJ
THE M.T.COLEFAM/LY
PARTNERSH/P No.2,LP ,�� ti — A-710_
20b9-102749 � � �I f]454
O.R.D.CT. 1 LOT IR,BLOCK l
Q I NORTHPO/NT ALLIANCE
INDUSTRIAL PARK
2020-401
O.R.D.CT.
I Q.
l
NP-OV FORT WORTH
PROJECTCY,LLC E7J
O.R.D.0675 NP-OV FORT WOR
O.R.D.CT.
LOG/SACS PARK,C C d
E]7 2020-70676
O.R.D.C.T.
CURRENT INCORPORATED AREA THIS EXHIBIT REPRESENTS AN ACTUAL
ON THE GROUND SURVEY
95.932 ACRES TO BE ANNEXED 16w rF
G OODMN`� 00'Job No.: 10900 Scale: 1"=5 Sheet JOEL i.iaRTON
1J 0 4914
Drafted: T.J.M. Checked; J.S.B, ?o
M ARSHALL 3 4•fFsg .
CIVIL ENGINEERS•-PLANNERS—SURVEYORS augVEi
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"""rgom.. W3 r"�""061 Date Prepared: 2/1/2021
pn)an n-•an
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Annexation—AX-21-002 Ordinance No.24979-08-2021
Exhibit A
Continued
TRACT 2
LOT IR,BLOCK I
NORTHPO/NT ALLIANCE \4/
SI i1ll'I?� ` INDURI0.401
C.YI,ItR -1 1V<�. 1031 �, O.R.D,C.T, G�C.2 0 0•
rV13STitA -"i
NP-OV FORT WORTH
NP-OV FORT WORTH
LOGISTICS PARK,LLC
PROJECT CY,LLC 2 D20 70676
2020-70675 O.R.D.C.T. -p
O.R.D.C.T. � ��pi
1 E7,7
A-1031 A-64
_ A-972 7Q748
(RFMMNDER/ t�
THEM.T.COLEFAMILY
PARTNERSHIP No.Z LP
I > 20 P-102749
O.R.D.C.T.
�h
' O I/,�
I (REMAINDER I
e d THE M.T.COLEFAMILY h PARTNERSHIPNo,Z LP
200-)=5
Fi O.R.D. T.
m� O
TRACT 2 �
A_1708
\\ A-972 101.822 ACRES �®
W
THE BURLINGTON AND
O�� \ SANTA FE RAILWAY COMPANY
\ 20053454 O.R.D.C.T7,
ORDINANCE No. 17285
o Soo
l �
SCALE IN FEET
/
CURRENT INCORPORATED AREA THIS EXHIBIT REPRESENTS AN ACTUAL
ON THE GROUND SURVEY
101.822 ACRES TO BE ANNEXED PtEOFryr
44����iERFo�
o Job No.: 10900 SCa1e: 1.=500' Sheet JOEL S..HARTON_
GOODWIN __... . 1.. •
M ARSHALL Y Dralted: T.J.M. Checked: J.S.B. 6 FO�ess+o�'
CIVIL ENGINEERS—PLANNERS—SURVEYORS of 4�suRVE+dt
7AM Mus"DrIve°n1o'""',T•"•9 l Date Prepared: 2/1/2021
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Annexation—AX-21-002 Ordinance No.24979-08-2021
Exhibit B
Municipal Services Agreement
Annexation—AX-21-002 Ordinance No.24979-08-2021
CITY SECRETARN'
GMTRACT NO. S(0 i 310
MUNICIPAL SERVICES AGREEMENT
BETWEEN THE CITY OF FORT WORTH, TEXAS AND
�cs M.T. COLE FAMILY PARTNERSHIP NO. 2, LP
s Municipal Services Agreement ("Agreement") is entered into on day of
, �_ by and between the City of Fort Worth, Texas, a home-rule
municipality of the State of Texas,("City") and M.T. Cole Family Partnership No. 2. LP
("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 197.754 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. AX-21-002("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
OFFICIAL RECORD
Owner-Initiated Annexation Service Agreement CITY SECRf IARY
FT. WORTH,TX
I
accomplished through any means permitted by law. For purposes of this Agreement, "full
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
Owner-Initiated Annexation Service Agreement 2 of 7
to use the same. If a property owner desires to connect an existing structure to
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
Owner-Initiated Annexation Service Agreement 3 of 7
bargaining power and that each of them was represented by legal counsel in the negotiation
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 PROPERTY OWNER
M.T. COLE FAMILY PARTNERSHIP
No.2,LP
By: — By:
Dana Bur doff JA Je fer FOexander
Assistant City Manager Manager
Approved as to Form and Legality:
el i 05 �
Senior Assistant City Attorney
Attest:
jr,
Mar-K*Ysew �- ,►,Rid ?� aIQS *'
AcAij City Secretary
Approvals:
M&C 41- 00b
Ordinance No. -( - _
State of Texas §
County of Tarrant §
This instrument was acknowledged before me on the day of _,2b�1
by Dana Burghdoff, Assistant City Manager of the City of Fort Worth,a Texas 'oipal
corporation,on behalf of said corporation.
By: __.._.... PY•P�B '. MARIA8,SANCHEZ
My Notary ID#22,
Notary Public, State of Texas �, +° Tres De�.. cember 19,2021
I ,�F Oi tE;�• �'"P
OFRCIAL RECORD
CITY SECRETARY
FT.WORTH,TX
Owner-initiated Annexation Service Agreement
STATE OF TEXAS §
COUNTY OF L4-./ §
This instrument was acknowledged before me on the day of U , 20,
by Jennifer Alexander, Manager on behalf of M.T. Cole Family Partnership No. 2, LP.
By:U U Uu i? �-43 t�
Notary Public, State of Texas
►a °�B� CLOREECE R POWRIE
i r Notary ID#6154092
My Commission Expires
February 20, 2025
F
ECj
ETH,
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
Tract 1
PROPERTY DESCRIPTION TRACT 1
STATE OF TEXAS:
COUNTY OF DENTON:
BEING a tract of land situated in the C.Perry Survey,Abstract No.1031,the A.King Survey,Abstract No.710.
and the L.Butler Survey,Abstract No.64,Denton County,Texas,being a portion of that tract of land as
described in deed to The M.T.Cole Family Partnership No,2,LP,recorded in 20D9-102749,Official Records,
Denton County,Texas(ORDCT),and being more particularly described as follows:
COMMENCING at 1/2"rebar copped Goodwin d Marshall set at the most westerly corner of
Lot I R,Block 1,Northpoint Alliance Industrial Park,an addition to the City of Fort Worth,Denton County,Texas
as recorded in 202D-401.ORDCT,said point being a reentrant corner in the northeasterly fine of a tract of
land as described in deed to NP-OV Fort Worth Logistics Park,LLC,recorded in 2020-70676,ORDCT;
THENCE North 41 degrees 23 minutes 43 seconds East,along the northwesterly line of said Lot 1 R,Block 1 and
a reentrant line of said NP-OV Fort Worth Logistics Park tract,a distance of 7.87 feet to the POINT OF
BEGINNING of the herein described tract of land;
THENCE departing the northwesterly line of said Lot I R,Block 1,along the northeasterly line of said NP-OV Fort
Worth Logistics Park tract and a tract of land as described in deed to NP-OV Fort Worth Logistics Project CY,
LLC,recorded in 2020-70675,ORDCT,as follows:
Northwesterly,along a non-tangent curve to the left,having a radius of 470.00 feet,a central angle of 17
degrees 51 minutes 59 seconds,an arc distance of 146.56 feet.and a chord that bears North 72 degrees
38 minutes 10 seconds West, 145.97 feet to the beginning of a reverse curve to the right,having a radius
of 530.00 feet:
Northwesterly,along said curve,having a central angle of 45 degrees 36 minutes 19 seconds,an arc
distance of 421.86 feet,and a chord that bears North 58 degrees 46 minutes 00 seconds West,410.81
feet to the beginning of a reverse curve to the left,having a radius of 20.00 feet:
Northwesterly,along said curve,having a central angle of 41 degrees 07 minutes 27 seconds,an arc
distance of 14.36 feet,and a chord that bean North 56 degrees 31 minutes 36 seconds West.14.05 feet
to the beginning of a curve to the right,having a radius of 537.50 feet;
THENCE,deporting said NP-OV Fort Worth Logistics Project CY tract,across said The M.T.Cole Family
Partnership No.2 tract,as follows
Northwesterly,along said curve,having a central angle of 34 degrees 49 minutes 21 seconds,an arc
distance of 326.68 feet,and a chord that bears North 17 degrees 24 minutes 41 seconds West.321.67
feet to the end of said curve:
NORTH,tangent to said curve,o distance of 1,599.89 feet to the beginning of a tangent curve to the left,
having a radius of 50.00 feet;
Northwesterly,along said curve,having a central angle of 47 degrees 54 minutes 1 I seconds,an arc
distance of 41.80 feet,and a chord that bears North 23 degrees 57 minutes 05 seconds West,40.60 feet
to the beginning of a reverse curve to the right,having a radius of 80.00 feet:
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CIVIL ENGINEERS-PLANNERS-SURVEYORS Of
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Owner-Initiated Annexation Service Agreement I of 6
EXHIBIT A
Tract 1
Continued
Northeasterly,along said curve,having a central angle of 257 degrees 40 minutes 03 seconds,an orc distance of
359.77 feet.and a chord that bears North 80 degrees 55 minutes 51 seconds East,124.64 feet to the beginning of o
reverse curve to the left,having a radius of 50.00 feet:
Southwesterly,along said curve,having a central angle of 29 degrees 45 rrtinwtes 52 seconds,an arc distance of
25.97 feet.and a chord that bears South 14 degrees 52 minutes 56 seconds West,25.68 feet to the end of said
curve:
SOUTH.tangent to said curve,a distance of 29.57 feet;
EAST,a distance of 868.00 feet:
North 41 degrees 23 minutes 43 seconds East,a distance of 1.149.97 feet to a point in the approximate centerline
of Elizabeth Creek,the northeasterly line of said The M.T.Cole Family Partnership No.2 tract,and the southerly line
of a tract of land as described in deed to Forestar(USA)Real Estate Group.Inc„recorded In 2018-27156,ORDCT;
THENCE along the approximate centerline of said Elizabeth Creek and the line common to said The M.T.Cole Family
Partnership No.2 tract and said Forestar tract,as follows:
South 38 degrees 30 minutes 47 seconds East,a distance of 125.04 feet;
North 89 degrees 37 minutes 39 seconds East•a distance of 257.30 feet;
South 38 degrees 05 minutes 49 seconds East,a distance of 346.38 feet;
South 57 degrees 05 minutes 20 seconds East,a distance of 353.97 feet;
South 65 degrees 10 minutes 10 seconds East,a distance of 161.09 feet to the most northerly corner of said Lot 1R,
Black 1;
THENCE South 41 degrees 23 minutes 43 seconds West,departing said Elizabeth Creek,along the northwesterly tine of
said Lot IR.Block I,a distance of 3,209.22 feet to the POINT OF BEGINNING and containing 95.932 acres of land,more
or less.
NOTES:
1. This Property Description represents an actual an the ground survey.
2. Bearings are referenced to Texas State Plane Coordinate System,North Central Zone(4202),North American
Datum of 1983 as derived from GPS observation.
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Owner-Initiated Annexation Service Agreement 2 of 6
EXHIBIT A
Tract 1
Continued
1 w
5
I Ell ORDINANCE No.21377
/ M) e FORESTAR(USA/R64L
TWM.T.COLEFA49Y MA IE GROUP 0C.
PARTMRSMP No.2 LP 201847156
2WP-102749 O.R.D.C.T,
i O.R.D.C.T.
I
I
- - _ A-710
lA U 1 A-&
TICMAMaYI
I PAMP*WW Na 2 IP
I 2XF-1ave I
I O.R.acr.
95.932 ACRES
(REMAINDER) `
1W M.T,COLEFAMILY
PARTNERSIRP W.2 LP �� _ _A-710
2009-1017/9
O.R.D.CT, I LOT IR,BLOCK 1
I NORMPOWT AUTANCE
G INDUSIRW PARK
202"1
O.R.D.C.I. e
#G
NP-OV FORT WORTH �� G�c
PROJECTCY,UC / t]
0675
O.R.D.C.T. NP OV FORT WOR H V
.R.D.
LOGS ICS PARK,L C
1 EW 2020•7M76
O.R.D.C.T.
THIS EXHIBIT REPRESENTS AN ACTUAL
CURRENT INCORPORATED AREA ON THE GROUND SURVEY
95.932 ACRES TO BE ANNEXED 0Eaf T4c
+'�• p�StER•�d
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Date Prepared: 2/l/2021J.
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Owner-Initiated Annexation Service Agreement 3 of 6
EXHIBIT A
Tract 2
PROPERTY DESCRIPTION TRACT 2
STATE OF TEXAS:
COUNTY OF DENTON:
BEING a tract of land situated the A.Robertson Survey,Abstract No.1553,the G.Overton Survey,Abstract
No.972,the J.Beaton Survey,Abstract No.1708,the C.Perry Survey,Abstract No.1031,and the L.Butler
Survey,Abstract No.64.Denton County,Texas,being a portion of a tract of land as described in deed to The
M.T.Cole Family Partnership No.2,LP,recorded in 2009-102749,Official Records,Denton County,Texas
(ORDCTI,being a portion of a tract of land as described in deed to The M.T.Cole Family Partnership No.2,
LP,recorded in 2019-72025,ORDCT,and being more paticulorty described as follows:
BEGINNING at a 5/8"rebar capped Dunaway found in the northwesterly fine of Blue Mound
Road-F.M.156(variable width R.O.W.per 2007-110923.ORDCT)at the most southerly corner of Lot 1R.Block
1,Norihpoint Alliance Industrial Park,an addition to the City of Fort Worth,Denton County,Texas as recorded
in 2020-401,ORDCT;
THENCE Southwesterly,along the northwesterly line of said Blue Mound Road and a curve to the left,having
a radius of 4,683.66 feet,a central angle of 17 degrees 05 minutes 27 seconds,an arc distance of 1,397.09
feet,and a chord that bears South 32 degrees 08 minutes 46 seconds West,1,391,92 feet to a point at a
bent 5/8"reb°r found at the southeast comer of said M.T.Cole tract and the northeast comer of a tract of
land as described in deed to The Burlington Northern and Santa Fe Railway Company,recorded in
2005.3454,ORDCT;
THENCE North 88 degrees 55 minutes 13 seconds West,departing the northwesterly line of said Blue Mound
Road,along the line common to said M.T.Cole tract and said Burlington Northern and Santa Fe Railway
Company tract,distance of 2,116.51 feet to a 5/8"rebar capped Dunaway found at the southeast corner of
a tract of land as described in deed to the BNSF Railway Company,recorded in 2020-14394,ORDCT;
THENCE North 00 degrees 04 minutes 32 seconds East,departing the north line of said Burlington Northern
and Santa Fe Railway Company tract,along the east line of said BNSF Railway Company tract,a distance of
641.42 feet to most southerly comer of a tract of land as described in deed to NP-OV Fort Worth Logistics
Park.LLC,recorded in 2020-70676,ORDCT:
THENCE departing the east line of said BSNF Railway Company tract,along the southeasterly line of said
NP-OV Fort Worth Logistics Park tract,as follows:
North 35 degrees 59 minutes 44 seconds East,a distance of 2,050.69 feet;
North 46 degrees 06 minutes 48 seconds East,a distance of 137.29 feet to the most easterly corner of
said NP-OV Fort Worth Logistics Park tract and a point in the southwesterly One of said Lot 1R.Block 1,
Northpoint Alliance Industrial Part;
THENCE along the southwesterly line of said Lot 1R,Block 1,Northpoint Alliance Industrial Park,as follows:
South 48 degrees 28 minutes 15 seconds East,a distance of 16.05 feet to the beginning of a non-tangent
curve to the left,having a radius of 500.00 feet
Southeasterly.along said curve,having a central angle of 29 degrees 33 minutes 07 seconds,an arc
distance of 257.89 feet,and a chord that bears South 62 degrees 49 minutes 41 seconds East,255.04
feet to the end of said curve;
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CIVIL ENGINEERS-PLANNERS-SURVEYORS Of
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Owner-Initiated Annexation Service Agreement 4 of 6
EXHIBIT A
Tract 2
Continued
South 73 degrees 06 minutes 46 seconds East,non-tangent to said curve,a distance of 55.84 feet to the beginning
of a ncTOongent curve to the right,having a radius of 500.00 feet;
Southeasterly,along said curve,having a central angle of 24 degrees 51 minutes 16 seconds,an arc distance of
216.90 feet,and a chord that bears South 56 degrees 13 minutes 18 seconds East,215.20 feet to the end of sold
curve;
South 47 degrees 51 minutes 10 seconds East,non-tangent to sold curve,a distance of 1,265.82 feet;
South 41 degrees DO minutes 36 seconds East,a distance of 100.72 feet;
South 47 degrees 51 minutes 10 seconds East,a distance of 102.37 feet to the POINT OF BEGINNING and
containing 101.822 acres of land.
NOTES:
1. This Property Description represents an actual on the ground survey.
2. Bearings are referenced to Texas State Plane Coordinate System,North Central Zone 142D2I,North American
Datum of 1983 as derived from GPS observation.
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Owner-initiated Annexation Service Agreement 5 of 6
EXHIBIT A
Tract 2
Continued
LOT la BLOCK I /
1q
NORTHPOONTALUANCEAVDWRIAL PARK
C.P Nv, i O.Racr. �� rD
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THE SURLINGTON NORIHERN �r
AND
SANTA FERAILWAY COMPANY
G� 2W53454,O.RAC T.
ORDINANCE No. 17285
o 5W
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CURRENT INCORPORATED AREA THIS EXHIBIT REPRESENTS AN ACTUAL
ON THE GROUND SURVEY
101.822 ACRES TO BE ANNEXED 'tEor r�
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MARSHALL 9
CIVIL ENGINEERS-PLANNERII-SURVEYORS of
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ins•+.+ ep SrGQ•d
Owner-Initiated Annexation Savica Agreement 6 of 6
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 08/03/21 M&C FILE NUMBER: M&C 21-0430
LOG NAME: 0606AX-21-002 NORTHPOINT PHASE 3—OWNER INITITATED
SUBJECT
(Future CD 7)Conduct Public Hearing,Authorize Execution of Municipal Services Agreement and Consider Adopting Ordinance for the Proposed
Owner-Initiated Annexation of Approximately 197.754 Acres of Land in Denton County,Known as Northpoint Phase 3,Located North of Intermodal
Parkway and West of Farm to Market 156-Blue Mound Road,in the Far North Planning Sector,AX-21-002
(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 197.754 acres of land in Denton County located north
of Intermodal Parkway and South of State Highway 114 off of Farm to Market 156-Blue Mound Road,as shown on Exhibit A;
2. Authorize execution of municipal services agreement between the City and property owners, M.T.Cole Family Partnership No.2,LP;and
3. Adopt ordinance annexing AX-21-002 for full purposes.
DISCUSSION:
On February 18,2021, representatives for the property owners M.T.Cole Family Partnership No.2, LP,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 north of Intermodal Parkway and west of Farm to Market 156(Blue Mound
Road). The owner-initiated annexation,which is approximately 197.754 acres, is consistent with the urban development annexation criteria as
established by the City's Annexation Policy. .The subject area is currently agricultural land and the property owner's proposal of industrial type
development is consistent with the future land use map of the 2021 Comprehensive Plan.
On September 9, 2020, the related preliminary plat(PP-20-047)was approved by City Plan Commission. The preliminary plat boundary is
surrounded by City Limits on three sides.The property owner will request annexation with each phase of development. On May 12th,the related
zoning case(ZC-21-029)was heard by the Zoning Commission, and the commission voted to recommend approval of the requested zoning to
City Council. The requested zoning is"K"Heavy Industrial.
The annexation site is within an area that is identified as being in the Alliance Industrial Growth Center. The proposed annexation site will be
accessed from Farm to Market 156(Blue Mound Road)which is a Texas Department of Transportation (TxDOT)maintained and controlled
roadway. Farm to Market 156(Blue Mound Road)is shown as a median divided,three-lane per direction, Commercial Connector on the City's
Master Thoroughfare Plan[CCO-L3-TO-NTMS-PO-BOP(130)].As part of the first phase of development,TxDOT improvements were approved for
a fifty-foot wide,full movement driveway with southbound deceleration and northbound left turn lane.A traffic study was approved as part of the plat
approval process.
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 uses were considered while assessing the financial impact to the General Fund. 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. City tax revenue is
expected to have a positive fiscal impact over the next ten years after the proposed development has been built. Based on the operating costs
projected from the Police,Code Compliance and Transportation and Public Works Departments,the fiscal impact shows a slightly negative effect
to the General Fund for the first year,but will have a positive impact thereafter. Therefore, due to the ability of the area to meet the Citys criteria for
Full-purpose annexation staff recommends approval of the requested owner-initiated annexation,AX-21-002.
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-21-002 for full purposes.
If annexed,this property will become part of COUNCIL DISTRICT 7.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached ordinance,the annexation will
have a long-term positive impact to 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
&V2021 City of Fort Worth-File#:M&C 21-0430
Stgn In
Home legislation Calendar Coy Council Deparb-m
i
i0,AilifJ81 �';OR8 ti1A rt4
Detaib Reports City of Fart worth-Action Detalk II
Fie is M&C 21-0430 Version:1 Name:
Type: land-Report of CM Stabs; Pa Mayor Parker opened the public Baring.
File ueated: 7/29/2021 In control: C1
On agenda: SM021 Fine action: S/ 1. Report of City Staff
(Future CD 7)Conduct Pubbc Hearing,Authorize Execution of Munk
Tie: Annexation of Approximately 197.754 Acres of Land in Denton Coun Ms. Mary Elliott, Development Services Departr
to Market 156-Blue Mound Road,in the Far North Planting Sector, and provided a staff report.
Council Adlon:Close public Hearing and Act on M&C)
Attachments: 1.M&C 21-0430.2.Exhibit A-Mao AX-21-002.pA 3.Uodate-Msn 2. Public Comments
""(1) Text
t record Group rt Ms.Jackee Cox,6212 Redde"Drive,appeared
Date_ Ver. Action ey Action call in opposition to M&C 2-1-0430.
8/3/2021 1— CrrY COUNCILT__ ADP—ed --
Mr. Edward Eckart, 2405 Musfang Drive, Grap
Council in support of M&C 121-0430.
3. Council Action
Action: Approved
Action text: Cc undl Member Firestone made a motion,seconded by Council P
be dosed,M&C 21-0430 be approved and Ordinance No.249794
Ceundl Member Moon absent.
Votes(0.10) i
0 records
Person Name
1
https://fortworthgov.Wgistar.comA-egislationDetaii.aspx?ID=5072924&GUID=51 BE6FF6-DA36-439"Fl7499B6CD354F1 1/1
Annexation AX-21 -002 Exhibit
Addition of approximately 197.754 Acres to become part of Council District 7
E --
I
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17
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5
FoRTWORTH.
0 400 800 1,600 Feet
Fort worth
DESIGNATION Ranning&Development
511012021 pepertmcnt
Full Purpose Adjacent Cities 1:14,400
COPYRIGHT 2021 CITY OF FORT WORTH UNAUTHORIZED REPRODUCTION IS A
® Limited Purpose � County Boundaries 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 Q 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: 08/03/21 M&C FILE NUMBER: M&C 21-0430
LOG NAME: 0606AX-21-002 NORTHPOINT PHASE 3—OWNER INITITATED
SUBJECT
(Future CD 7)Conduct Public Hearing,Authorize Execution of Municipal Services Agreement and Consider Adopting Ordinance for the Proposed
Owner-Initiated Annexation of Approximately 197.754 Acres of Land in Denton County, Known as Northpoint Phase 3, Located North of Intermodal
Parkway and West of Farm to Market 156-Blue Mound Road, in the Far North Planning Sector,AX-21-002
(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 197.754 acres of land in Denton County located north
of Intermodal Parkway and South of State Highway 114 off of Farm to Market 156-Blue Mound Road,as shown on Exhibit A;
2. Authorize execution of municipal services agreement between the City and property owners,M.T.Cole Family Partnership No.2, LP;and
3. Adopt ordinance annexing AX-21-002 for full purposes.
DISCUSSION:
On February 18,2021, representatives for the property owners M.T. Cole Family Partnership No.2, LP,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 north of Intermodal Parkway and west of Farm to Market 156(Blue Mound
Road). The owner-initiated annexation,which is approximately 197.754 acres, is consistent with the urban development annexation criteria as
established by the City's Annexation Policy. The subject area is currently agricultural land and the property owner's proposal of industrial type
development is consistent with the future land use map of the 2021 Comprehensive Plan.
On September 9, 2020, the related preliminary plat(PP-20-047)was approved by City Plan Commission. The preliminary plat boundary is
surrounded by City Limits on three sides.The property owner will request annexation with each phase of development.On May 12th,the related
zoning case(ZC-21-029)was heard by the Zoning Commission,and the commission voted to recommend approval of the requested zoning to
City Council. The requested zoning is"K"Heavy Industrial.
The annexation site is within an area that is identified as being in the Alliance Industrial Growth Center. The proposed annexation site will be
accessed from Farm to Market 156 (Blue Mound Road)which is a Texas Department of Transportation (TxDOT) maintained and controlled
roadway. Farm to Market 156(Blue Mound Road) is shown as a median divided,three-lane per direction, Commercial Connector on the City's
Master Thoroughfare Plan [CCO-L3-TO-NTMS-PO-BOP(130)].As part of the first phase of development,TxDOT improvements were approved for
a fifty-foot wide,full movement driveway with southbound deceleration and northbound left turn lane.A traffic study was approved as part of the plat
approval process.
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 uses were considered while assessing the financial impact to the General Fund. 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. City tax revenue is
expected to have a positive fiscal impact over the next ten years after the proposed development has been built. Based on the operating costs
projected from the Police, Code Compliance and Transportation and Public Works Departments,the fiscal impact shows a slightly negative effect
to the General Fund for the first year, but will have a positive impact thereafter. 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-21-002.
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-21-002 for full purposes.
If annexed,this property will become part of COUNCIL DISTRICT 7.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached ordinance,the annexation will
have a long-term positive impact to 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