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Home My WebLink About2021/11/09-Attachments-Ordinance AX-21-005.PDFORDINANCE NO. AN ORDINANCE DECLARING CERTAIN FINDINGS; PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF FORT WORTH; PROVIDING FOR FULL -PURPOSE ANNEXATION OF A CERTAIN 65.305 ACRES OF LAND, MORE OR LESS, OUT OF THE OUT OF THE G. OVERTON SURVEY, ABSTRACT NUMBER 972, DENTON COUNTY, TEXAS, BEING A PORTION OF THAT TRACT OF LAND DESCRIBED BY DEED TO AIL WEST 2, LLC, RECORDED IN INSTRUMENT NUMBER 2019-113267, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS (CASE NO. AX-21-005) WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT CORPORATE BOUNDARY LIMITS OF FORT WORTH, TEXAS; PROVIDING THAT THIS ORDINANCE SHALL AMEND EVERY PRIOR ORDINANCE IN CONFLICT HEREWITH; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL PRIOR ORDINANCES NOT IN DIRECT CONFLICT; PROVIDING FOR SEVERABILITY; AND NAMING AN EFFECTIVE DATE. WHEREAS, the City of Fort Worth has received a petition in writing from AIL West 2, LLC & AIL West Investment, L.P., the owners, requesting the full -purpose annexation of 65.305 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 AIL West 2, LLC & AIL West Investment, L.P., and the City negotiated and entered into a written agreement, City Secretary Contract No. for the provisions of municipal services in the area; and WHEREAS, the 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 September 14, 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 65.305 acres of land, are hereby annexed to the City of Fort Worth as a part of the city for all municipal purposes, and the city limits are extended to include such Property being all that certain land particularly described below and depicted as on Exhibit "A" attached to and incorporated in this ordinance for all purposes: BEING a tract of land situated in the G. Overton Survey, Abstract Number 972, Denton County, Texas, being a portion of that tract of land described by deed to AIL West 2, LLC, recorded in Instrument Number 2019-113267, Real Property Records, Denton County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at the northwest corner of said AIL West 2 tract, being the southwest corner of that tract of land described by deed to the City of Fort Worth, recorded in Instrument Number 2005-73598, said Real Property Records, and being in the east line of that tract of land described by deed to AIL Investment, LP, recorded in Instrument Number 2019- 15666, and AIL West, LLC, recorded in Instrument Number 2019-15667, both of said Real Property Records, from which the northeast corner of Lot 1R1, Block 1,Westport Addition, addition to the City of Fort Worth, recorded in Instrument Number D219094920 of County Records, Tarrant County, Texas, bears S 25°55'02"W, 4528.14 feet; THENCE N 89059'39"E, 871.88 feet, with the north line of said AIL West 2 tract and the south line of said City of Fort Worth tract, to the northeast corner of said AIL West 2 tract and the northwest corner of that tract of land described by deed to the City of Fort Worth, recorded in Instrument Number 2003-170163, said County Records; THENCE S 09053'51"E, 1863.69 feet, departing said common line with the east line of said AIL West 2 tract; THENCE over and across said AIL West 2 tract the following bearings and distances: N 75042'36"W, 686.80 feet, departing said east line; S 10007'09"E, 1072.99 feet; S 24032' 14"W, 1583.71 feet, to the west line of said AIL West 2 tract and being in the east line of that remainder tract of land described by deed to AIL Investment, LP, recorded in Volume 4246, Page 498, said Real Property Records; THENCE N 00050'40"W, 1452.47 feet, with said common line; Annexation—AX-21-005 Ordinance No. THENCE N 00045'46"W, 2711.25 feet to the Point of Beginning and containing 2,844,675 square feet or 65.305 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 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 Annexation—AX-21-005 Ordinance No. 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 8. EFFECTIVE DATE This ordinance shall be in full force and effect upon adoption. APPROVED AS TO FORM AND LEGALITY: Melinda Ramos Mary J. Kayser Senior Assistant City Attorney City Secretary ADOPTED AND EFFECTIVE: Annexation—AX-21-005 Ordinance No. m •/- 4175'to � FM 156 3 A r •/-_ to � z FM I56SIS / 0 500 1000 GRAPHIC SCALE IN FEET / AIL Investment, LP i Inst." 2019-15666 AIL West, LLC Inst." 2019-15667 / R.P.R.O.C.T, /pry by /yh J Lot 1Rt, Block } III Westport Add. I !ns t. •D2I9094920 C.R. T. C. T. j &- 9VEKTON 6JKVEY A�5T.NO, 972 AIL Investment, LP (Remainder) Vol. 4246, Pg. 498 R.P.R.D.C,T. 'This cl—rrenl wos prepared under 22 TAC 563.21. does not reflect the results of on on the ground survey, and is not to be used to convey or establish interests in r?alproperty except those rights and in lere5ts implied o established by the Creation ar reconfigurolion of the boundary of the pofticol subtllvision for which it wos prepored:' - I! P E LOTO N II'I LAND SOLUTIONS EXHIBIT A "Integrolperts of this document" 1. Description - 2 Pages City cf Fort Worth 2. Exhibit Inst.• 2005-73598 R.P.R.D.C.T, AIL West 2, LLC 111 2019-113267 R.P.R.D.C.T. City of Fort Worth Inst.• 2003-170163 65.305 Acres R.P.R.D.C.T. AIL West 2, LLC Inst." 2019-113267 R.P.R.D_C.T. AN EXHIBIT FCR Annexation SITUATED IN THE GREENBERRY OVERTON SURVEY,ABSTRACT NUMBER 972, DENTON COUNTY, TEXAS JOB # HWA18046 JDRAWN BY: TBR ICHECKED BY: TAB DATE: 12-02-19 PAGE # 2 of 2 Annexation—AX-21-005 Ordinance No. Exhibit B Municipal Services Agreement Annexation—AX-21-005 Ordinance No.