HomeMy WebLinkAboutOrdinance 25188-11-2021ORDINANCE NO. 25188-11-2021
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 116.77 ACRES
OF LAND, MORE OR LESS, OUT OF THE OUT OF HIRAM
RIDDLE SURVEY, ABSTRACT NO. 1329, TARRANT COUNTY,
TEXAS, BEING ALL OF THAT CERTAIN TRACT OF LAND
CONVEYED TO SHIPMAN COMPANIES, LP IN THAT DEED
RECORDED IN DOCUMENT NO. D221123842, DEED RECORDS,
TARRANT COUNTY, TEXAS AND APPROXIMATELY 3.693
ACRES OF LAND MORE OR LESS OF RIGHTS -OF -WAY OUT OF
THE HIRAM RIDDLE SURVEY, ABSTRACT NO. 1329, AND
APPROXIMATELY 1.087 ACRES OF LAND MORE OR LESS OF
RIGHTS -OF -WAY OUT OF THE MOSES WALTERS SURVEY,
ABSTRACT NO. 1598, TARRANT COUNTY, TEXAS, BEING A
PORTION OF CLEBURNE-CROWLEY ROAD (VARIABLE R-O-
W), IN TARRANT COUNTY, TEXAS (CASE NO. AX-21-007)
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
Shipman Companies, LP, A Texas Limited Partnership, the owners, requesting the
full -purpose annexation of 116.770 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,
Shipman Companies, LP, A Texas Limited Partnership, and the City ne otiated and
entered into a written agreement, City Secretary Contract No. 5 (v(p 14' , for the
provisions of municipal services in the area; and
WHEREAS, the Property abuts 3.693 acres of county roads and rights -of -way; 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
2, 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 116.770 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:
A TRACT OF LAND SITUATED IN THE HIRAM RIDDLE SURVEY, ABSTRACT
NO. 1329, TARRANT COUNTY, TEXAS, BEING ALL OF THAT CERTAIN TRACT
OF LAND CONVEYED TO SHIPMAN COMPANIES, LP IN THAT DEED
RECORDED IN DOCUMENT NO. D221123842, DEED RECORDS, TARRANT
COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
BEGINNING AT A 1/2" IRON ROD FOUND IN THE WESTERLY RIGHT-OF-WAY
LINE OF McCART AVENUE (VARIABLE R-O-W) FOR THE MOST EASTERLY
SOUTHEAST CORNER OF SAID SHIPMAN COMPANIES, LP TRACT AND FOR
THE NORTHEAST CORNER OF A TRACT OF LAND CONVEYED TO SOUTH
CENTRAL CHURCH OF CHRIST OF CROWLEY IN THAT DEED RECORDED IN
DOCUMENT NO. D215004469, DEED RECORDS, TARRANT COUNTY, TEXAS;
THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY LINE AND SAID
COMMON CORNER S 89°20'44" W ALONG THE NORTH LINE OF SAID SOUTH
CENTRAL CHURCH OF CHRIST OF CROWLEY TRACT, A DISTANCE OF 361.44
FEET TO A 5/8" IRON ROD FOUND FOR THE NORTHWEST CORNER OF SAID
SOUTH CENTRAL CHURCH OF CHRIST OF CROWLEY TRACT AND FOR THE
NORTHEAST CORNER OF LOT 1, BLOCK 1, CHILES ADDITION, ACCORDING TO
THAT PLAT RECORDED IN CABINET B, SLIDE 2534, PLAT RECORDS, TARRANT
COUNTY, TEXAS;
Annexation—AX-21-007 Ordinance No. 25188-11-2021
THENCE S 89°27'45" W ALONG THE NORTH LINE OF SAID LOT 1, BLOCK 1, A
DISTANCE OF 294.89 FEET TO A 1/2" IRON ROD FOUND FOR THE NORTHWEST
CORNER OF SAID LOT 1, BLOCK 1;
THENCE S 00°28'39" E ALONG THE WEST LINE OF SAID LOT 1, BLOCK 1, A
DISTANCE OF 360.71 FEET TO A 1/2" IRON ROD FOUND WITH A CAP STAMPED
"RPLS 5544" IN THE NORTH RIGHT-OF-WAY LINE OF CLEBURNE-CROWLEY
ROAD (VARIABLE R-O-W) FOR THE MOST SOUTHERLY SOUTHEAST CORNER
OF SAID SHIPMAN COMPANIES, LP TRACT AND FOR THE SOUTHWEST
CORNER OF SAID LOT 1, BLOCK 1 FROM WHICH A BENT 1/2" IRON ROD
FOUND BEARS S 00°28'39" E, A DISTANCE OF 0.31 FEET;
THENCE S 89°3I'04" W ALONG SAID NORTH RIGHT-OF-WAY LINE AND THE
SOUTH LINE OF SAID SHIPMAN COMPANIES, LP TRACT, A DISTANCE OF
1465.69 FEET TO A 1/2" IRON ROD FOUND WITH A CAP STAMPED "RPLS 5544"
FOR THE SOUTHWEST CORNER OF SAID SHIPMAN COMPANIES, LP TRACT;
THENCE LEAVING SAID NORTH RIGHT-OF-WAY LINE N 00°00'00" W, A
DISTANCE OF 961.47 FEET TO A 1/2" IRON ROD FOUND WITH A CAP STAMPED
"RPLS 5544";
THENCE N 90°00'00" W, A DISTANCE OF 223.98 FEET TO A 1/2" IRON ROD
FOUND WITH A CAP STAMPED "RPLS 5544";
THENCE N 00°35'29" W, A DISTANCE OF 790.85 FEET TO A 1/2" IRON ROD
FOUND WITH A CAP STAMPED "RPLS 5544";
THENCE N 90°00'00" E, A DISTANCE OF 481.05 FEET TO A 1/2" IRON ROD
FOUND WITH A CAP STAMPED "RPLS 5544";
THENCE N 43°36'19" E, A DISTANCE OF 468.I9 FEET TO A 1/2" IRON ROD
FOUND WITH A CAP STAMPED "RPLS 5544";
THENCE N 00°00'00" W, A DISTANCE OF 572.65 FEET TO A 1/2" IRON ROD
FOUND WITH A CAP STAMPED "RPLS 5544" IN THE SOUTH RIGHT-OF-WAY
LINE OF DUBLIN RIDGE DRIVE (50' R-O-W) FOR THE NORTHWEST CORNER OF
SAID SHIPMAN COMPANIES, LP TRACT;
THENCE N 89°49'48" E ALONG SAID SOUTH RIGHT-OF-WAY LINE AND THE
NORTH LINE OF SAID SHIPMAN COMPANIES, LP TRACT, A DISTANCE OF
1529.52 FEET TO AN "X"-CUT FOUND FOR THE INTERSECTION OF SAID SOUTH
RIGHT-OF-WAY LINE AND THE WEST RIGHT-OF-WAY LINE OF McCART
AVENUE (VARIABLE R-O-W) AND FOR THE NORTHEAST CORNER OF SAID
SHIPMAN COMPANIES, LP TRACT;
Annexation—AX-21-007 Ordinance No. 25188-11-2021
THENCE S 00°26'28" E ALONG SAID WEST RIGHT-OF-WAY LINE AND THE
EAST LINE OF SAID SHIPMAN COMPANIES, LP TRACT, A DISTANCE OF 2288.63
FEET TO THE POINT OF BEGINNING, AND CONTAINING 116.770 ACRES OF
LAND, MORE OR LESS.
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 roads and rights -of -way, comprising approximately 3.693 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 roads and rights -of -way being all
that certain land particularly described below and depicted as on Exhibits "B", "C", "D"
and "E" 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 "F" 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 LAUSE
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-21-007 Ordinance No. 25188-11-2021
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
Senior Assistant City Attorney
ADOPTED AND EFFECTIVE: November 9.2021
Annexation—AX-21-007
Ronald P. Gonzales
Acting City Secretary
Ordinance No. 25188-11-2021
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EXHIBIT B
Exhibit B
Legal Description for Road and Right -of -Way
"Portion of Cleburne Crowley Road"
A TRACT OF LAND SITUATED IN THE HIRAM RIDDLE SURVEY, ABSTRACT
NO. 1329, TARRANT COUNTY, TEXAS, BEING A PORTION OF CLEBURNE-
CROWLEY ROAD (VARIABLE R-O-W), IN TARRANT COUNTY, TEXAS, AND
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING AT A 1/2" IRON ROD FOUND WITH A CAP STAMPED "RPLS 5544"
IN THE NORTHERLY RIGHT-OF-WAY LINE OF SAID CLEBURNE-CROWLEY
ROAD (VARIABLE R-O-W) AT THE SOUTHWEST CORNER OF THAT CERTAIN
TRACT OF LAND CONVEYED TO SHIPMAN COMPANIES, LP IN THAT DEED
RECORDED IN DOCUMENT NO. D221123842, DEED RECORDS, TARRANT
COUNTY, TEXAS;
THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE AND THE
SOUTHERLY LINE OF SAID SHIPMAN COMPANIES, LP TRACT N 89°31'04" E, A
DISTANCE OF 1234.62 FEET TO A POINT;
THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY LINE AND SAID
SOUTHERLY LINE S 00°11'47" E, A DISTANCE 65.71 FEET TO A 1/2 INCH IRON
ROD FOUND WITH A CAP "RPLS 5854" IN THE SOUTHERLY RIGHT-OF-WAY
LINE OF CLEBURNE-CROWLEY ROAD (VARIABLE R-O-W) AT THE
NORTHEASTERLY CORNER OF LOT 1X HOA, SOUTHFORK ESTATES,
ACCORDING TO THAT PLAT RECORDED IN DOCUMENT NO. D218054861 AND
DOCUMENT NO. D219262431, PLAT RECORDS, TARRANT COUNTY, TEXAS;
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE S 89°25'22" W, A
DISTANCE OF 1108.28 FEET TO A 1/2 INCH IRON ROD FOUND IN THE
EASTERLY LINE OF THAT CERTAIN TRACT OF LAND CONVEYED TO
CROWLEY ISD IN THAT DEED RECORDED IN DOCUMENT NO. D220273676,
DEED RECORDS, TARRANT COUNTY, TEXAS AT THE NORTHWESTERLY
CORNER OF LOT 1X HOA, SOUTHFORK ESTATES, ACCORDING TO THAT PLAT
RECORDED IN DOCUMENT NO. D218054861 AND DOCUMENT NO. D219262431,
PLAT RECORDS, TARRANT COUNTY, TEXAS;
THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE AND
SAID EASTERLY LINE
N 45°54'43" E, A DISTANCE OF 20.33 FEET TO A POINT AT THE
NORTHEASTERLY CORNER OF SAID CROWLEY ISD TRACT;
Annexation—AX-21-007 Ordinance No. 25188-11-2021
THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE AND
THE NORTH LINE OF SAID CROWLEY ISD TRACT S 89°25'22" W, A DISTANCE
OF 140.64 FEET TO A POINT;
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE AND SAID
NORTHERLY LINE S 89°25'22" W, A DISTANCE OF 382.33 FEET TO A POINT;
THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE AND
SAID NORTHERLY LINE S 70°13'57" W, A DISTANCE OF 160.98 FEET TO A
POINT;
THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY LINE AND SAID
NORTHERLY LINEN 00°33'16" W, A DISTANCE OF 107.56 FEET TO A MAG NAIL
FOUND AT THE SOUTHWESTERLY CORNER OF THAT CERTAIN TRACT OF
LAND CONVEYED TO JAMES HAMPTON IN THAT DEED RECORDED IN
VOLUME 9102, PAGE 2124, DEED RECORDS, TARRANT COUNTY, TEXAS, AND
AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF OLD
CLEBURNE-CROWLEY JUNCTION ROAD (VARIABLE R-O-W) AND SAID
NORTHERLY RIGHT-OF-WAY LINE;
THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE N 89°31'04" E, A
DISTANCE OF 534.32 FEET TO THE POINT OF BEGINNING, AND CONTAINING
2.605 ACRES OF LAND, MORE OR LESS.
Annexation—AX-21-007 Ordinance No. 25188-11-2021
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EXHIBIT C
Annexation—AX-21-007 Ordinance No. 25188-11-2021
Exhibit D
Legal Description for Road and Right -of -Way
"Portion of McCart Avenue"
A TRACT OF LAND SITUATED IN THE MOSES WALTERS SURVEY, ABSTRACT
NO. 1598, TARRANT COUNTY, TEXAS, AND IN THE BEVERLY POOL SURVEY,
ABSTRACT NO. 1243, TARRANT COUNTY, TEXAS, BEING A PORTION OF THE
UNRECORDED PRESCRIPTIVE RIGHT-OF-WAY OF McCART AVENUE
(VARIABLE R-O-W) IN TARRANT COUNTY, TEXAS, TOGETHER WITH A
PORTION OF A TRACT OF LAND CONVEYED TO CH TNC KARIS INVESTMENTS
LLC IN THAT DEED RECORDED IN DOCUMENT NO. D221088923, DEED
RECORDS, TARRANT COUNTY, TEXAS, AND ALSO BEING A PORTION OF THE
RIGHT-OF-WAY EASEMENT GRANTED TO TARRANT COUNTY IN THAT
DOCUMENT RECORDED IN DOCUMENT NO. D209202777, DEED RECORDS,
TARRANT COUNTY, TEXAS, BEING A PORTION OF THE RIGHT-OF-WAY
EASEMENT GRANTED TO CROWLEY INDEPENDENT SCHOOL DISTRICT IN
THAT DOCUMENT RECORDED IN DOCUMENT NO. D208383230, DEED
RECORDS, TARRANT COUNTY, TEXAS,
BEGINING AT AN "X"-CUT FOUND AT THE INTERSECTION OF THE SOUTH
RIGHT-OF-WAY LINE OF DUBLIN RIDGE DRIVE (50' R-O-W) AND THE WEST
RIGHT-OF-WAY LINE OF McCART AVENUE (VARIABLE R-O-W) AND FOR THE
NORTHEAST CORNER OF THAT CERTAIN TRACT OF LAND CONVEYED TO
SHIPMAN COMPANIES, LP IN THAT DEED RECORDED IN DOCUMENT NO.
D221123842, DEED RECORDS, TARRANT COUNTY, TEXAS;
THENCE S 00°26'28" E ALONG SAID WEST RIGHT-OF-WAY LINE AND THE
EAST LINE OF SAID SHIPMAN COMPANIES, LP TRACT, A DISTANCE OF 46.74
FEET TO A POINT IN THE WEST LINE OF A 40' RIGHT-OF-WAY DEDICATION
CONVEYED TO THE CITY OF FORT WORTH BY THE ROSEMARY
INTERMEDIATE SCHOOL ADDITION, ACCORDING TO THAT PLAT RECORDED
IN DOCUMENT NO. D207182982, PLAT RECORDS, TARRANT COUNTY, TEXAS,
SAID POINT BEING THE POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE LEAVING SAID EAST LINE AND CONTINUING ALONG SAID WEST
LINE S 02°15'33" E, A DISTANCE OF 804.37 FEET TO A POINT FOR THE
SOUTHWEST CORNER OF SAID 40' RIGHT-OF-WAY DEDICATION AND FOR
THE NORTHWEST CORNER OF A RIGHT-OF-WAY DEDICATION CONVEYED
TO THE CITY OF CROWLEY IN THAT DOCUMENT RECORDED IN DOCUMENT
NO. D216001842, DEED RECORDS, TARRANT COUNTY, TEXAS;
THENCE LEAVING SAID COMMON CORNER S 00°56'24" W ALONG THE WEST
LINE OF SAID RIGH-OF-WAY DEDICATION, A DISTANCE OF 74.80 FEET TO A
1/2" IRON ROD FOUND WITH A CAP STAMPED "RPLS 5544" FOR THE
SOUTHWEST CORNER OF SAID RIGHT-OF-WAY DEDICATION AND FOR THE
Annexation—AX-21-007 Ordinance No. 25188-11-2021
NORTHWEST CORNER OF A RIGHT-OF-WAY DEDICATION CONVEYED TO
THE CITY OF CROWLEY BY MIRAVERDE SOUTH, PHASE I, ACCORDING TO
THAT PLAT RECORDED IN DOCUMENT NO. D220248939, PLAT RECORDS,
TARRANT COUNTY, TEXAS;
THENCE LEAVING SAID COMMON CORNER S 00°39'53" W ALONG THE WEST
LINE OF SAID RIGH-OF-WAY DEDICATION, A DISTANCE OF 57.59 FEET TO A
1/2" IRON ROD FOUND WITH A CAP STAMPED "RPLS 5544" FOR THE
SOUTHWEST CORNER OF SAID RIGHT-OF-WAY DEDICATION, SAID 1/2" IRON
ALSO BEING IN THE WEST LINE SAID TRACT OF LAND CONVEYED TO CH
TNC KARIS INVESTMENTS LLC IN THAT DEED RECORDED IN DOCUMENT NO.
D221088923, DEED RECORDS, TARRANT COUNTY, TEXAS;
THENCE LEAVING SAID CORNER AND SAID WEST LINE S 89°17'O1" E ALONG
THE SOUTH LINE OF SAID RIGH-OF-WAY DEDICATION, A DISTANCE OF 46.67
FEET TO A POINT;
THENCE LEAVING SAID SOUTH LINE S 02°12'24" E, A DISTANCE OF 220.87
FEET TO A POINT;
THENCE S 15°33'56" W, A DISTANCE OF 33.02 FEET TO THE BEGINNING OF A
NON -TANGENT CURVE TO THE LEFT WITH A RADIUS OF 2296.13 FEET AND
WHOSE LONG CHORD BEARS S 08°34'10" W, 322.88 FEET;
THENCE WITH SAID NON -TANGENT CURVE TO THE LEFT THROUGH A
CENTRAL ANGLE OF 08°03"49', AN ARC LENGTH OF 323.14 FEET TO A POINT;
THENCE S 88°40'46" W, A DISTANCE OF 4.73 FEET TO A POINT;
THENCE S 00°40'31" W, A DISTANCE OF 598.88 FEET TO A 5/8" IRON ROD
FOUND IN THE EAST LINE OF SAID SHIPMAN COMPANIES TRACT FOR THE
SOUTHWEST CORNER OF SAID CH TNC KARIS INVESTMENTS LLC TRACT;
THENCE N 00°26'28" W ALONG SAID EAST LINE, A DISTANCE OF 2107.50 FEET
TO THE POINT OF BEGINNING AND CONTAINING 1.087 ACRES OF LAND MORE
OR LESS.
Annexation—AX-21-007 Ordinance No. 25188-11-2021
LOO- T Z-XV— uo9Exauuy
I ZOZ- I T -881 St ' oN aoueuipip
DUBLIN RIDGE RD Pfj�ljj� 46.74'
(50' WONRAW) COMMENCING N00° 26' 2$'YV
SHPIIAN COUPNRES
DOC. IC.. 0221123842
D.R.T.C.T.
Line Table
Line # Length
L1 804.37
L2 74.80
L3 57.59
L4 46.68
L5 220.87
L6 33.02
L7 4.73
L8 598.88
L9 2107.50
Direction
S02'15'33'E
S00°56'24'W
S00°3753'W
S89'17'01'E
602'12'14'E
S15'33'56'W
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D.R.T.C.T.
Curve #
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Curve Table
Length
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2296.13
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CITY OF FORT WORTH,
TEXAS
DAZE a/10/zo21
KIRK TRACT SF
EXHIBIT D
Annexation—AX-21-007 Ordinance No. 25188-11-2021
Exhibit F
Municipal Services Agreement
Annexation—AX-21-007 Ordinance No. 25188-11-2021
CITY SECRETARY
CONTRACT NO. ntoo�
MUNICIPAL SERVICES AGREEMENT
BETWEEN THE CITY OF FORT WORTH, TEXAS
AND SHIPMAN COMPANIES, LP, A TEXAS LIMITED PARTNERSHIP
This Municipal Services Agreement ("Agreement") is entered into on qo't` day of
. O4,Grai t( , .?o 1 by and between the City of Fort Worth, Texas, a home -rule
municipality of the State of Texas, ("City") and SHIPMAN COMPANIES. LP. A TEXAS
LIMITED PARTNERSHIP ("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, 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 Tarrant County,
Texas, which consists of approximately 116.770 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-21-007 ("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
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.
Owner -Initiated Annexation Service Agreement
t mCQAL RECORD
CRY iCREilARY
FT. WORTH, TX
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 comparable with the provision of services available in other parts of the
municipality with topography, land use and population density similar to the
level of service contemplated or projected in the area.
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 Development Services 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
to use the same. If a property owner desires to connect an existing structure to
Owner -Initiated Annexation Service Agreement
2 of 9
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
bargaining power and that each of them was represented by legal counsel in the negotiation
Owner -Initiated Annexation Service Agreement
3 of 9
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 parry'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. Except as provided in Section 15, 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 of9
CITY OF FORT WORTH
By:
Name:
Title: Assistant City Manager
Approved as to Form and Legality:
r/LY\ 120)4\rd
Name: r(\t,lunatt- 42wnas
Senior Assistant City Attorney
Attest:
City Secretary
Approvals:
M&C: , l -d�35 Nov • o 9, (v,►
Ordinance No. €)9 st g -► l - ?,O
Owner -Initiated Annexation Service Agreement
SHIPMAN COMPANIES, LP,
A TEXAS LIMITED PARTNERSHIP
By.
Name: DaviW.`S`hipman, Jr.
Title: Limited Partner & Authorized Agent
OFH C AL RE; ,t.' k
ow SECRETARY
c'r. 411"r
_5of9
State of Texas
County of Tarrant
This i strurent wa acknowledged before me on the f .' day ofib I/ 1, -- , 20tV,
by Pale fyhdDA , Assistant City Manager of the City of Fort Worth, a Texas
municip corporation, on behalf of said corporation.
By:
Notary Public, State of Texas
_ EVONIA DANIELS
;FR:. .i;: Notary Public. State of Texas
: + Comm. Expires 07-13-2025
',,,°; moo Notary ID 126950030
State of Tex §
County of J c4 i4J ON § (�
This instrument was acknowledged before me on the 4 day of V7tit , 2021,
by David W. Shipman, Jr.. Limited Partner & Authorized Agent of Shipman Companies, LP, A
Texas Limited Partnership on be alf of said Texas Limited Partnership.
By:
Notary Public, State of Texas
After Recording Return to:
City Secretary
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
Owner -Initiated Annexation Service Agreement
Jourr o, KANDI DANIEL
�ipr 'Ur.+°. :Notary Public, State of Texas
: Comm. Expires 02-10-2024
,�
';:`, Notary ID 132351667
'anu
OFFICIAL RECORD
CITY SECRETARY
FT WORTQjtpTX
Owner -Initiated Annexation Service Agreement
J
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TEXAS
DATE: 5/25/2021
KIRK TRACT SF
EXHIBIT B
V 1ISIHX1
EXHIBIT A
Continued
A TRACT OF LAND SITUATED IN THE HIRAM RIDDLE SURVEY, ABSTRACT NO. 1329, TARRANT
COUNTY, TEXAS, BEING ALL OF THAT CERTAIN TRACT OF LAND CONVEYED TO SHIPMAN
COMPANIES, LP IN THAT DEED RECORDED IN DOCUMENT NO. D221123842, DEED RECORDS,
TARRANT COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS
AS FOLLOWS:
BEGINNING ATA 1/2" IRON ROD FOUND IN THE WESTERLY RIGHT-OF-WAY LINE OF McCART
AVENUE (VARIABLE R-O-W) FOR THE MOST EASTERLY SOUTHEAST CORNER OF SAID SHIPMAN
COMPANIES, LP TRACT AND FOR THE NORTHEAST CORNER OF A TRACT OF LAND CONVEYED TO
SOUTH CENTRAL CHURCH OF CHRIST OF CROWLEY IN THAT DEED RECORDED IN DOCUMENT NO.
D215004469, DEED RECORDS, TARRANT COUNTY, TEXAS;
THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY LINE AND SAID COMMON CORNER S 89°20'44"
W ALONG THE NORTH LINE OF SAID SOUTH CENTRAL CHURCH OF CHRIST OF CROWLEY TRACT, A
DISTANCE OF 361.44 FEET TO A 5/8" IRON ROD FOUND FOR THE NORTHWEST CORNER OF SAID
SOUTH CENTRAL CHURCH OF CHRIST OF CROWLEY TRACT AND FOR THE NORTHEAST CORNER OF
LOT 1, BLOCK 1, CHILES ADDITION, ACCORDING TO THAT PLAT RECORDED IN CABINET B, SLIDE
2534, PLAT RECORDS, TARRANT COUNTY, TEXAS;
THENCE S 89°27'45" W ALONG THE NORTH LINE OF SAID LOT 1, BLOCK 1, A DISTANCE OF 294.89
FEET TO A 1/2" IRON ROD FOUND FOR THE NORTHWEST CORNER OF SAID LOT 1, BLOCK 1;
THENCE S 00°28'39" E ALONG THE WEST LINE OF SAID LOT 1, BLOCK 1, A DISTANCE OF 360.71
FEET TO A 1/2" IRON ROD FOUND WITH A CAP STAMPED "RPLS 5544" IN THE NORTH RIGHT-OF-
WAY LINE OF CLEBURNE-CROWLEY ROAD (VARIABLE R-O-W) FOR THE MOST SOUTHERLY
SOUTHEAST CORNER OF SAID SHIPMAN COMPANIES, LP TRACT AND FOR THE SOUTHWEST
CORNER OF SAID LOT 1, BLOCK 1 FROM WHICH A BENT 1/2" IRON ROD FOUND BEARS S
00°28'39" E, A DISTANCE OF 0.31 FEET;
THENCE S 89°31'04" W ALONG SAID NORTH RIGHT-OF-WAY LINE AND THE SOUTH LINE OF SAID
SHIPMAN COMPANIES, LP TRACT, A DISTANCE OF 1465.69 FEET TO A 1/2" IRON ROD FOUND
WITH A CAP STAMPED "RPLS 5544" FOR THE SOUTHWEST CORNER OF SAID SHIPMAN
COMPANIES, LP TRACT;
THENCE LEAVING SAID NORTH RIGHT-OF-WAY LINE N 00°00'00" W, A DISTANCE OF 961.47 FEET
TO A 1/2" IRON ROD FOUND WITH A CAP STAMPED "RPLS 5544";
THENCE N 90°00'00" W, A DISTANCE OF 223.98 FEET TO A 1/2" IRON ROD FOUND WITH A CAP
STAMPED "RPLS 5544";
THENCE N 00°35'29" W, A DISTANCE OF 790.85 FEET TO A 1/2" IRON ROD FOUND WITH A CAP
STAMPED "RPLS 5544";
Owner -Initiated Annexation Service Agie nic"t
cid
8of9
THENCE N 90°00'00" E, A DISTANCE OF 481.05 FEET TO A 1/2" IRON ROD FOUND WITH A CAP
STAMPED "RPLS 5544";
THENCE N 43°36'19" E, A DISTANCE OF 468.19 FEET TO A 1/2" IRON ROD FOUND WITH A CAP
STAMPED "RPLS 5544";
THENCE N 00°00'00" W, A DISTANCE OF 572.65 FEET TO A 1/2" IRON ROD FOUND WITH A CAP
STAMPED "RPLS 5544" IN THE SOUTH RIGHT-OF-WAY LINE OF DUBLIN RIDGE DRIVE (50' R-O-W)
FOR THE NORTHWEST CORNER OF SAID SHIPMAN COMPANIES, LP TRACT;
THENCE N 89°49'48" E ALONG SAID SOUTH RIGHT-OF-WAY LINE AND THE NORTH LINE OF SAID
SHIPMAN COMPANIES, LP TRACT, A DISTANCE OF 1529.52 FEET TO AN "X"-CUT FOUND FOR THE
INTERSECTION OF SAID SOUTH RIGHT-OF-WAY LINE AND THE WEST RIGHT-OF-WAY LINE OF
McCART AVENUE (VARIABLE R-O-W) AND FOR THE NORTHEAST CORNER OF SAID SHIPMAN
COMPANIES, LP TRACT;
THENCE S 00°26'28" E ALONG SAID WEST RIGHT-OF-WAY LINE AND THE EAST LINE OF SAID
SHIPMAN COMPANIES, LP TRACT, A DISTANCE OF 2288.63 FEET TO THE POINT OF BEGINNING,
AND CONTAINING 116.770 ACRES OF LAND, MORE OR LESS.
Owner -Initiated Annexation Service Agreement
9of9
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 11/09/21 M&C FILE NUMBER: M&C 21-0835
LOG NAME: 06AX-21-007 SHIPMAN TRACT— OWNER INITITATED
SUBJECT
(Future CD 6) Conduct Public Hearing, Authorize Execution of Municipal Services Agreement and Consider Adopting Ordinance for the Proposed
Owner -Initiated Annexation of Approximately 116.77 Acres of Land in Tarrant County, Known as the Shipman Tract, Located North of Cleburne
Crowley Road, South of McPherson Avenue and West of McCart Boulevard, and approximately 3.693 acres of right-of-way in the Far South
Planning Sector, AX-21-007
(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 119.375 acres of land and approximately 3.693 acres
of right-of-way in Tarrant County, known as the Shipman Tract, located north of Clebume Crowley Road, south of McPherson Avenue and
west of McCart Boulevard, as shown on Exhibit A;
2. Authorize execution of municipal services agreement between the City and property owners, Shipman Companies, LP, A Texas Limited
Partnership; and
3. Adopt ordinance annexing AX-21-007 for full purposes.
DISCUSSION:
On May 3, 2021, representatives for the property owners Shipman Companies, LP, A Texas Limited Partnership, submitted a request 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 Tarrant County. The site is located north of Cleburne Crowley Road, south of McPherson Avenue and
west of McCart Boulevard. The owner -initiated annexation, which is approximately 116.77 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 residential type development is consistent with the future land use map of the 2021 Comprehensive Plan. The proposed annexation includes
3.693 acres of right-of-way adjacent to the property.
On September 8, 2021, the related zoning case (ZC-21-048) was heard by the Zoning Commission, and the commission voted to recommend
approval of the requested zoning to City Council. The requested zoning is -A-5" One -Family.
At the time of annexation the site will be served through Old Clebume Crowley Road and Clebume Crowley Road. McCart Avenue will eventually
be added to the road network that serves the proposed annexation site. McCart Avenue is scheduled for construction as part of a Capital
Improvements Project (CIP) that is anticipated to start in December of 2021. Completion of improvements to McCart Avenue is scheduled for
February 2024. Per the City's Master Thoroughfare Plan, both McCart Avenue and Cleburne Crowley Road are planned to be 2 lane,
neighborhood connectors with a center, two-way left tum lane. The proposed subdivision buildout date is 2024 upon which time it is anticipated
that 30% of the generated traffic will use McCart Avenue.
Upon annexation the property will be subject to the rough proportional assessment for improvements necessary for the roadways described. The
development is located adjacent to Transportation Impact Fee Service Area Y and subject to the transportation impact fee ordinance in
accordance with the applicable final plat recordation. Once the developer fulfills their roughly proportionate improvements to Old Cleburne Crowley
Road and the CIP projects are complete there will be adequate roadways to serve the subdivision. Also. the city has recently approved other
preliminary plats in the surrounding area. It is anticipated that because of additional roadway improvements done by adjacent and nearby
developers that roadway conditions will be adequate to serve this and other proposed developments in the area.
Subchapter C-3 of Chapter 43 of the Texas Local Govemment 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.
Emergency services will be provided through the City of Fort Worth. The City's Fire Department will provide will provide emergency and fire
protection services comparable with the provision of services available in other parts of the municipality with topography, land use and population
density similar to be the level of service contemplated or projected in the area. Emergency medical services will be provided by City's Fire
Department and MedStar or other entity engaged by the City. The City's Police Department will provide protection and law enforcement services.
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-21-007.
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-21-007 for full purposes.
If annexed, this property will become part of COUNCIL DISTRICT 6.
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 bv; Dana Burghdoff 8018
Q�iainatina Business Unit Head: D.J. Harrell 8032
Additional Information Contact: Leo Valencia 2497
Expedited
Annexation - AX-21-007
Exhibit A
Addition of approximately 120.463 Acres to become part of Council District 6
Fort Worth
DESIGNATION
Full Purpose
Limited Purpose
Extraterritorial Jurisdiction
Adjacent Cities
—j County Boundaries
Annexation Area
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Planning & Development Department
09/01/2021
COPYRIGHT 2021 CITY OF FORT WORTH UNAUTHORIZED REPRODUCTION IS A
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
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: 11/09/21 M&C FILE NUMBER: M&C 21-0835
LOG NAME: 06AX-21-007 SHIPMAN TRACT— OWNER INITITATED
SUBJECT
(Future CD 6) Conduct Public Hearing, Authorize Execution of Municipal Services Agreement and Consider Adopting Ordinance for the Proposed
Owner -Initiated Annexation of Approximately 116.77 Acres of Land in Tarrant County, Known as the Shipman Tract, Located North of Cleburne
Crowley Road, South of McPherson Avenue and West of McCart Boulevard, and approximately 3.693 acres of right-of-way in the Far South
Planning Sector, AX-21-007
(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 119.375 acres of land and approximately 3.693 acres
of right-of-way in Tarrant County, known as the Shipman Tract, located north of Cleburne Crowley Road, south of McPherson Avenue and
west of McCart Boulevard, as shown on Exhibit A;
2. Authorize execution of municipal services agreement between the City and property owners, Shipman Companies, LP, A Texas Limited
Partnership; and
3. Adopt ordinance annexing AX-21-007 for full purposes.
DISCUSSION:
On May 3, 2021, representatives for the property owners Shipman Companies, LP, A Texas Limited Partnership, submitted a request 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 Tarrant County. The site is located north of Cleburne Crowley Road, south of McPherson Avenue and
west of McCart Boulevard. The owner -initiated annexation, which is approximately 116.77 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 residential type development is consistent with the future land use map of the 2021 Comprehensive Plan. The proposed annexation includes
3.693 acres of right-of-way adjacent to the property.
On September 8, 2021, the related zoning case (ZC-21-048) was heard by the Zoning Commission, and the commission voted to recommend
approval of the requested zoning to City Council. The requested zoning is "A-5" One -Family.
At the time of annexation the site will be served through Old Cleburne Crowley Road and Cleburne Crowley Road. McCart Avenue will eventually
be added to the road network that serves the proposed annexation site. McCart Avenue is scheduled for construction as part of a Capital
Improvements Project (CIP) that is anticipated to start in December of 2021. Completion of improvements to McCart Avenue is scheduled for
February 2024. Per the City's Master Thoroughfare Plan, both McCart Avenue and Cleburne Crowley Road are planned to be 2 lane,
neighborhood connectors with a center, two-way left turn lane. The proposed subdivision buildout date is 2024 upon which time it is anticipated
that 30% of the generated traffic will use McCart Avenue.
Upon annexation the property will be subject to the rough proportional assessment for improvements necessary for the roadways described. The
development is located adjacent to Transportation Impact Fee Service Area Y and subject to the transportation impact fee ordinance in
accordance with the applicable final plat recordation. Once the developer fulfills their roughly proportionate improvements to Old Clebume Crowley
Road and the CIP projects are complete there will be adequate roadways to serve the subdivision. Also, the city has recently approved other
preliminary plats in the surrounding area. It is anticipated that because of additional roadway improvements done by adjacent and nearby
developers that roadway conditions will be adequate to serve this and other proposed developments in the area.
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.
Emergency services will be provided through the City of Fort Worth. The City's Fire Department will provide will provide emergency and fire
protection services comparable with the provision of services available in other parts of the municipality with topography, land use and population
density similar to be the level of service contemplated or projected in the area. Emergency medical services will be provided by City's Fire
Department and MedStar or other entity engaged by the City. The City's Police Department will provide protection and law enforcement services.
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-21-007.
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-21-007 for full purposes.
If annexed, this property will become part of COUNCIL DISTRICT 6.
FISCAL INFORMATION I CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached ordinance, the annexation will
have a Tong -term positive impact to the General Fund.
Submitted for City Manaaer's Office bv: Dana Burghdoff 8018
Oriainatina Business Unit Head: D.J. Harrell 8032
Additional Information Contact: Leo Valencia 2497
Expedited