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HomeMy WebLinkAboutOrdinance 25425-03-2022 ORDINANCE NO. 25425-03-2022 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 60.07 ACRES OF LAND, MORE OR LESS, OUT OF THE I & G.N. R.R. SURVEY, ABSTRACT NO. 2004, AND BEING A PORTION A CALLED 7,125.3ACRE TRACT OF LAND CONVEYED TO WALSH RANCHES LIMITED PARTNERSHIP AS RECORDED IN VOLUME1699, PAGE 1765, DEED RECORDS OF PARKER COUNTY, TEXAS, (D.R.P.C.T.) AND AS RECORDED IN VOLUME 12624, PAGE 92, DEED RECORDS OF TARRANT COUNTY, TEXAS (CASE NO. AX-21-004) 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 Quail Valley Devco III, LLC., the owners, requesting the full-purpose annexation of 60.07 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, Quail Valley Devco III, LLC., and the Cit negotiated and entered into a written agreement, City Secretary Contract No. 'S�] 3 ,�, 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 43.0673 of the Local Government Code on March 29, 2022 at 10:00 a.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 60.07 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 60.07-acre tract of land, situated in Parker County, Texas, being in the I & G.N. R.R. Survey,Abstract No.2004,and being a portion a called 7,125.3acre tract of land conveyed to Walsh Ranches Limited Partnership as recorded in Volumel699, Page 1765, Deed Records of Parker County, Texas, (D.R.P.C.T.) and as recorded in Volume 12624, Page 92, Deed Records of Tarrant County, Texas, (D.R.T.C.T.) and being more particularly described as follows: BEGINNING at a point on the northeasterly right-of-way line of Walsh Ranch Parkway as shown the Final Plat of Lots I thru 1 OX, Block 1 and Walsh Ranch Parkway Right-of-Way, Walsh Ranch, recorded under Cabinet D, Page 637, of the Plat Records of Parker County, Texas (P.R.P.C.T.), from which a 1/2 inch iron rod found bears North 88 degrees 28 minutes 25 seconds East, a distance of 0.76 feet, and from which a large stone found at the southwest corner of the J.Kelsey Survey,Abstract No.782,Parker County,Texas,bears North 00 degrees 31 minutes 47 seconds West, a distance of 130.76 feet; THENCE, North 87 degrees 20 minutes 14 seconds East, departing said northeasterly right- of-way line of Walsh Ranch Parkway,over and across said Walsh Ranches Limited Partnership tract,passing at a distance of 0.76 feet a found 1/2 inch iron rod and continuing a total distance of 3,532.66 feet to a 1 inch iron rod found in a large stone at a northeast corner of said I & G.N. R.R. Survey, Abstract No. 2004, said point being on the south line of said J. Kelsey Survey, Abstract No. 782;; THENCE, South 00 degrees 42 minutes 57 seconds East, along an east line of said Walsh Ranches Limited Partnership tract a distance of 820.29 feet to a point for corner, from which a wood fence post found for an ell corner of said Walsh Ranches Limited Partnership tract bears South 00 degrees 42 minutes 57 seconds, a distance of 431.51 feet; THENCE, departing said east line of said Walsh Ranches Limited Partnership tract, over and across said Walsh Ranches Limited Partnership tract, the following calls and distances: North 80 degrees 07 minutes 26 seconds West, a distance of 408.11 feet to a point for corner; Annexation—AX-21-004 Ordinance No.25425-03-2022 North 87 degrees 46 minutes 59 seconds West, a distance of 287.72 feet to a point for corner; South 78 degrees 05 minutes 27 seconds West, a distance of 339.61 feet to a point for corner; North 85 degrees 10 minutes 06 seconds West, a distance of 262.54 feet to a point for corner; South 52 degrees 49 minutes 00 seconds West, a distance of 394.75 feet to a point for corner; South 68 degrees 27 minutes 40 seconds West, a distance of 339.90 feet to a point for corner; North 68 degrees 43 minutes 25 seconds West, a distance of 333.55 feet to a point for corner; North 70 degrees 48 minutes 10 seconds West, a distance of 109.21 feet to a point for corner; North 50 degrees 10 minutes 17 seconds West, a distance of 168.61 feet to a point for corner; North 23 degrees 27 minutes 13 seconds West, a distance of 106.57 feet to a point for corner; North 73 degrees 03 minutes 48 seconds West, a distance of 217.04 feet to a point for corner; South 82 degrees 26 minutes 36 seconds West, a distance of 388.23 feet to a point on the northeasterly right-of-way of said Walsh Ranch Parkway, from which a found 5/8 inch iron rod with plastic cap stamped"DUNAWAY ASSOC. LP"bears South 28 degrees 20 minutes 50 seconds East, a distance of 506.27 feet; THENCE, along the northeasterly right-of-way of said Walsh Ranch Parkway the following calls and distances: North 28 degrees 20 minutes 50 seconds West, a distance of 197.65 feet to a found 5/8 inch iron rod with plastic cap stamped "DUNAWAY ASSOC. LP"; North 73 degrees 20 minutes 50 seconds West, a distance of 36.77 feet to a found 5/8 inch iron rod with plastic cap stamped"DUNAWAY ASSOC. LP"; South 63 degrees 51 minutes 06 seconds West, a distance of 115.60 feet to a found 5/8 inch iron rod with plastic cap stamped "DUNAWAY ASSOC. LP"; Annexation—AX-21-004 Ordinance No.25425-03-2022 North 26 degrees 08 minutes 50 seconds West, a distance of 331.46 feet to a found 5/8 inch iron rod with plastic cap stamped "DUNAWAY ASSOC. LP" and the beginning of a tangent curve to the right having a central angle of 06 degrees 58 minutes 24 seconds, a radius of 1018.00 feet and subtended by a 123.82 foot chord which bears North 22 degrees 39 minutes 42 seconds West; Along said curve to the right an arc distance of 123.90 feet to a found 5/8 inch iron rod with plastic cap stamped "DUNAWAY ASSOC. LP"; North 70 degrees 49 minutes 30 seconds East, a distance of 0.50 feet to the beginning of a non-tangent curve to the right having a central angle of 03 degrees 53 minutes 15 seconds,a radius of 1017.36 feet and subtended by a 69.02 foot chord which bears North 17 degrees 14 minutes 13 seconds West; Along said curve to the right an arc distance of 69.03 feet to the POINT OF BEGINNING and CONTAINING 60.07 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. Annexation—AX-21-004 Ordinance No.25425-03-2022 SECTION 6. 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 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 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: �q�(1/ltidta h i��� JG1{'noft[/ 5. r:oodall Jannette S.Goodall(Apr 1,2022 16:31 CDT) Melinda Ramos Jannette S. Goodall Senior Assistant City Attorney City Secretary ADOPTED AND EFFECTIVE: March 29, 2022 �U S Annexation—AX-21-004 Ordinance No.25425-03-2022 EXHIBIT A 8Lal VLE l 'ON lOValSBV l3VblS8V �l3Aens Ca as �!k A3A?InS NOS83HOld '3'S NOS3ihms 'r z3mn A3ws I 5 .ez-oae 3.LSZ4.00S ag,lzv rau.�m�aecoaae• F UM AMP 3.LSz4.ODS v� N1.9Zd0,09N p P 3;•.d0 2 E io LD LLJ CUN Y <�>�=oH �:p� �W:�ok:UJ = j QQ �Eqq d O O f.&D aO " 3 �b(Si••iQ �� Z g m V c 6 Z Li z Laj7N 2ba - 5 O Z No a�mrc �zo Z $ z W Lu n N V aoz �5 a p4 W U5 Z ;WNa � p to 2 sLU ic' °d=N f5{Y R~ o r W4ozz��N o U., t� 4� w-_ (F] Zm N � < i�F w aa m O S Q TFGvIw¢U lL O Q J IX Z. L �gg,S LL a �1gj W I- w •'sue$ O J 2�aV Sy v in Uwr'a n k U zQP!eKZ c c s. U zuj b g�� n Iq j w 7 �i G�°aSg Q Li at TT 2 Gwa sr? �5 F 2Ob 'I zW Z'o J � d,"e� Na bCC+ieQ,.b'i y $�I kn 0 4 u ;( Gf pq q = c E ry 2 Z Z Z Z Z o c « n 9B 3SLs« N N� '^ O LL Z J O 33 0Z <z zi�' z 6 ZW 5106 �-r O w y= yap 56D rc2 W p� C3 $ 0 a) a 0 N W �� ra o L) °� Nam.U N26 '4 {.�c = • 0 • Z U { 1S d QL rc z LL3 = W O C Cu Annexation—AX-21-004 Ordinance No.25425-03-2022 Exhibit B Municipal Services Agreement Annexation—AX-21-004 Ordinance No.25425-03-2022 CSC No. 57383 MUNICIPAL SERVICES AGREEMENT BETWEEN THE CITY OF FORT WORTH, TEXAS AND QUAIL VALLEY DEVCO III, LLC This Municipal Services Agreement ("Agreement") is entered into on 2stn day of March , zozz by and between the City of Fort Worth, Texas, a home-rule municipality of the State of Texas,("City")and Quail Valla Devco III, LLC("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 certainparcels of land situated in Parker County, Texas, which consists of approximately 60.07 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-21-004 ("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 OFFICIAL RECORD CITY SECRETARY Owner-Initiated Annexation Service Agreement FT.WORTH, TX 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 stoimwater 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. Water and Wastewater services will be provided upon the inclusion of the area in the Certificate of Convenience and Necessity(CCN) for Owner-initiated Annexation Service Agreement 2 of 9 the City. 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 bargaining power and that each of them was represented by legal counsel in the negotiation Owner-Initiated Annexation Service Agreement 3 of and drafting of this Agreement. S. 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 of 9 CITY OF FORT WORTH QUAIL VALLEY DEVCO III, LLC a Texas limited liability company By: RPG QVR,LLC a Texas limited liability company B .p�P -- yna na�ryneoa(avrl4w ::ticor B Name: • Name: Seth Carpenter Title: Assistant City Manner Title: Vice President Approved as to Form and Legality: Name: Melinda Ramos Senior Assistant City Attorney Attest: � po�ad /J� b®*-- w'o °°0°00 0 �� B S.pOSf�� 1�p lar.nlHle ti.6nudaL(M'1 t,N172 IRSI(")Yj �OO City Secretary v o �Z d 00000400 .[Y Approvals: ?*n����p M&C: 22-0191 Ordinance No,25425-03-2022 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Owner-Initiated Annexation Service Agreement 5 of 9 State of Texas § County of Tarrant § This instrument was acknowledged before me on the 11th day of April ,20 22 by Dana Burghdoff ,Assistant City Manager of the City of Fort Worth, a Texas municipal corporation, on behalf of said corporation. By: wrds.s,Mi.,:,rt:.ann:�;w.un Notary Public, State of Texas wu s OKAmbir if... State of Texas § County of § S This instrument was acknowledged before me on the day of t , 201,7— by Seth Carpenter,Vice President on behalf of RPG QVR, LLC, a Texas limited liab' ity company of Quail Valley Devco III,LLC, A Texas limited liability company. By: Notary Pub ic, State of Texas Mary cathsrins Southworth My commission Expires No0/20D Notsrryy ID 133328428 Set I After Recording Return to: City Secretary City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Owner-Initiated Annexation Service Agreement 6 of 9 EXHIBIT A 8G 'ON n� VLE L 'ON lOVkl.LSSV lDVN-LSSd .k3A8ns Q1 UAmns NOS83HOla 'A'8' NOSTIti i6 'f BZ'OZ8 3.L5Rb.00S rwLLwM 3.vnmcovddv � v ,L5LE6 F-U r? 3.L9.Zb.00S LL'90b ° Q9 'Cn b. Z y M„8Z.L0.0BN 0 z+ ZO v$ o p �j j• � ° z W U-i+w tc7= in:Cr 0-iaU >. ''' f0.'sea` LL OY. y i i QQr Q t yp °W w tv 7 LRR' _°LLFo z 7 F 0. Z �?QMF='l Z Z N '� ❑ ¢(NNy Ix � �fLl 'n.. W Zo=l/z VS N p �3- W (-j' Y 4�7 Z ul z N 4+ < Z� LLj W y 0�0 0 d O is UJ da b .n �N4F �� m .�. F F. v d c 5 o � �a v^ �oLL o o �Ly j �(oo �pp �- w "] N OOfO OO~i O O 21Y QCi (NQq]S U N Z� $ zbv �00 3 t ry m ZZZzzZZZ pr 3Yi uj 6 LL Z J N O OZ az z I--z .$ofj a 5g� CL LU W Q °Ja �1 g0 ,/ r G�- r Cif Q g N W Q _� Aw 1 J¢ df g 1 �St 1�°gpE 6g1 v R lQ oQr ' Z Cu ° Owner-Initiated Annexation Service Agreement 7 of 9 EXHIBIT A Continued BEING a 60.07-acre tract of land, situated in Parker County,Texas, being in the I & G.N. R.R. Survey,Abstract No. 2004, and being a portion a called 7,125.3 acre tract of land conveyed to Walsh Ranches Limited Partnership as recorded in Volume1699,Page 1765, Deed Records of Parker County, Texas, (D.R.P.C.T.) and as recorded in Volume 12624, Page 92, Deed Records of Tarrant County, Texas, (D.R.T.C.T.) and being more particularly described as follows: BEGINNING at a point on the northeasterly right-of-way line of Walsh Ranch Parkway as shown the Final Plat of Lots 1X thru IOX, Block 1 and Walsh Ranch Parkway Right-of-Way, Walsh Ranch, recorded under Cabinet D, Page 637, of the Plat Records of Parker County, Texas(P.R.P.C.T.), from which a 1/2 inch iron rod found bears North 88 degrees 28 minutes 25 seconds East, a distance of 0.76 feet, and from which a large stone found at the southwest corner of the J. Kelsey Survey, Abstract No. 782,Parker County,Texas,bears North 00 degrees 31 minutes 47 seconds West, a distance of 130.76 feet; THENCE,North 87 degrees 20 minutes 14 seconds East, departing said northeasterly right-of-way line of Walsh Ranch Parkway, over and across said Walsh Ranches Limited Partnership tract,passing at a distance of 0.76 feet a found 1/2 inch iron rod and continuing a total distance of 3,532.66 feet to a 1 inch iron rod found in a large stone at a northeast corner of said I & G.N. R.R. Survey, Abstract No. 2004, said point being on the south line of said J. Kelsey Survey,Abstract No. 782;; THENCE, South 00 degrees 42 minutes 57 seconds East, along an east line of said Walsh Ranches Limited Partnership tract a distance of 820.29 feet to a point for corner, from which a wood fence post found for an ell corner of said Walsh Ranches Limited Partnership tract bears South 00 degrees 42 minutes 57 seconds, a distance of 431.51 feet; THENCE, departing said east line of said Walsh Ranches Limited Partnership tract, over and across said Walsh Ranches Limited Partnership tract,the following calls and distances: North 80 degrees 07 minutes 26 seconds West, a distance of 408.11 feet to a point for corner; North 87 degrees 46 minutes 59 seconds West, a distance of 287.72 feet to a point for corner; South 78 degrees 05 minutes 27 seconds West, a distance of 339.61 feet to a point for corner; North 85 degrees 10 minutes 06 seconds West, a distance of 262.54 feet to a point for corner; South 52 degrees 49 minutes 00 seconds West, a distance of 394.75 feet to a point for corner; South 68 degrees 27 minutes 40 seconds West, a distance of 339.90 feet to a point for corner; North 68 degrees 43 minutes 25 seconds West, a distance of 333.55 feet to a point for corner; North 70 degrees 48 minutes 10 seconds West,a distance of 109.21 feet to a point for corner; North 50 degrees 10 minutes 17 seconds West, a distance of 168.61 feet to a point for corner; Owner-Initiated Annexation Service Agreement 8 of 9 North 23 degrees 27 minutes 13 seconds West, a distance of 106.57 feet to a point for corner; North 73 degrees 03 minutes 48 seconds West, a distance of 217.04 feet to a point for corner; South 82 degrees 26 minutes 36 seconds West, a distance of 388.23 feet to a point on the northeasterly right-of-way of said Walsh Ranch Parkway, from which a found 5/8 inch iron rod with plastic cap stamped "DUNAWAY ASSOC. LP" bears South 28 degrees 20 minutes 50 seconds East, a distance of 506.27 feet; THENCE, along the northeasterly right-of-way of said Walsh Ranch Parkway the following calls and distances: North 28 degrees 20 minutes 50 seconds West, a distance of 197.65 feet to a found 5/8 inch iron rod with plastic cap stamped "DUNAWAY ASSOC. LP"; North 73 degrees 20 minutes 50 seconds West, a distance of 36.77 feet to a found 5/8 inch iron rod with plastic cap stamped "DUNAWAY ASSOC. LP"; South 63 degrees 51 minutes 06 seconds West, a distance of 115.60 feet to a found 5/8 inch iron rod with plastic cap stamped "DUNAWAY ASSOC. LP"; North 26 degrees 08 minutes 50 seconds West, a distance of 331.46 feet to a found 5/8 inch iron rod with plastic cap stamped "DUNAWAY ASSOC. LP" and the beginning of a tangent curve to the right having a central angle of 06 degrees 58 minutes 24 seconds, a radius of 1018.00 feet and subtended by a 123.82 foot chord which bears North 22 degrees 39 minutes 42 seconds West; Along said curve to the right an arc distance of 123.90 feet to a found 5/8 inch iron rod with plastic cap stamped "DUNAWAY ASSOC. LP"; North 70 degrees 49 minutes 30 seconds East, a distance of 0.50 feet to the beginning of a non- tangent curve to the right having a central angle of 03 degrees 53 minutes 15 seconds, a radius of 1017.36 feet and subtended by a 69.02 foot chord which bears North 17 degrees 14 minutes 13 seconds West; Along said curve to the right an arc distance of 69.03 feet to the POINT OF BEGINNING and CONTAINING 60.07 acres of land, more or less. N OTES: 1. Bearings are based on the Texas State Plane Coordinate System, North Central Zone (4202), North American Datum 1983 (2011). All distances are surface distances. 2. An exhibit map of even date accompanies this legal description. This document was prepared under 22 TAC §663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. Owner-Initiated Annexation Service Agreement 9 of 9 City of Fort Worth, Texas Mayor and Council Communication DATE: 03/29/22 M&C FILE NUMBER: M&C 22-0191 LOG NAME: 06AX-21-004 WALSH RANCH 3E—OWNER INITITATED SUBJECT (Future CD 3)Conduct Public Hearing,Authorize Execution of Municipal Services Agreement and Consider Adopting Ordinance for the Proposed Owner-Initiated Annexation of Approximately 60.07 Acres of Land in Parker County Known as Walsh Ranch 3E, Located within the Walsh Ranch Limited Purpose Annexation,South of Old Weatherford Road, North of Interstate Highway 30 and East of Walsh Ranch Parkway, in the Far West Planning Sector,AX-21-004 (PUBLIC HEARING-a. Report of City Staff: Stuart Campbell; 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 60.07 acres of land in Parker County located within the Walsh Ranch Limited Purpose Annexation, south of Old Weatherford Road,as shown on Exhibit A; 2. Authorize execution of Municipal Services Agreement between the City and property owners, Quail Valley Devco III, LLC.;and 3. Adopt ordinance annexing AX-21-004 for full purposes. DISCUSSION: On April 12, 2021, representatives for the property owners, Quail Valley Devco III, LLC, 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 Parker County. The site is located within the Walsh Ranch Limited Purpose Annexation(AX-03-0010), north of Interstate Highway 30 and south of Old Weatherford Road. The owner-initiated annexation,which is approximately 60.07 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 2022 Comprehensive Plan. The related Limited-Purpose annexation case(AX-03-0010)was approved by City Council on October 14, 2003. City Council approved the related zoning case(ZC-16-115)on June 21,2016.Zoning for this area is identified as"PD/LDR"for single family uses in"A-43"thru"R-2"as listed in exhibit A,with a maximum of 14,785 dwelling units is permitted in districts 1,4, 11 &12 in accordance with Ordinance No.13896. AX-21- 004 is also related to Preliminary Plat case PP-21-017(filed on March 25,2021 and approved by City Plan Commission on September 21,2021) and Concept Plan case CP-17-005(on file as of November 20, 2017).The Concept Plan and Preliminary Plat were approved by the City Plan Commission.According to the Walsh Ranch development agreement(City Secretary Contract No. 28585),the Owner shall submit preliminary subdivision plats and requests for full purpose annexation pursuant to the procedure for development of the property. 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 site proposed for annexation is located fully within the City of Fort Worth's Certificate of Convenience and Necessity(CCN)which grants the City exclusive rights to provide retail water and/or sewer utility service. The site is also within the 20-Year Planned Service area as identified in the 2022 Comprehensive Plan. The proposed uses were considered while assessing the financial impact to the General Fund.A fiscal impact analysis was prepared by Planning &Data Analytics with the assistance of other City Departments. 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-21-004. 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- 21-004 for full purposes. If annexed,this property will become part of COUNCIL DISTRICT 3. 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 Originating Business Unit Head: D.J. Harrell 8032 Additional Information Contact: Leo Valencia 2497 ' • • • . • • • . 1 1 ' . • - oil , • . a . . I 1 1 � szo 1 l' 1�20 j' - • 360 2 I willl�tj1S+� `��/'i�'�tl'►;K 2"`�`=�-'��t,�;i1��,1-:r„scs4T41 City of Fort Worth, Texas Mayor and Council Communication DATE: 03/29/22 M&C FILE NUMBER: M&C 22-0191 LOG NAME: 06AX-21-004 WALSH RANCH 3E—OWNER INITITATED SUBJECT (Future CD 3)Conduct Public Hearing,Authorize Execution of Municipal Services Agreement and Consider Adopting Ordinance for the Proposed Owner-Initiated Annexation of Approximately 60.07 Acres of Land in Parker County Known as Walsh Ranch 3E, Located within the Walsh Ranch Limited Purpose Annexation,South of Old Weatherford Road, North of Interstate Highway 30 and East of Walsh Ranch Parkway,in the Far West Planning Sector,AX-21-004 (PUBLIC HEARING-a. Report of City Staff: Stuart Campbell;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 60.07 acres of land in Parker County located within the Walsh Ranch Limited Purpose Annexation, south of Old Weatherford Road, as shown on Exhibit A; 2. Authorize execution of Municipal Services Agreement between the City and property owners, Quail Valley Devco III, LLC.;and 3. Adopt ordinance annexing AX-21-004 for full purposes. DISCUSSION: On April 12,2021, representatives for the property owners, Quail Valley Devco III, LLC, 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 Parker County.The site is located within the Walsh Ranch Limited Purpose Annexation (AX-03-0010), north of Interstate Highway 30 and south of Old Weatherford Road.The owner-initiated annexation,which is approximately 60.07 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 2022 Comprehensive Plan. The related Limited-Purpose annexation case(AX-03-0010)was approved by City Council on October 14,2003. City Council approved the related zoning case(ZC-16-115)on June 21,2016.Zoning for this area is identified as"PD/LDR"for single family uses in"A-43"thru"R-2"as listed in exhibit A,with a maximum of 14,785 dwelling units is permitted in districts 1,4, 11 & 12 in accordance with Ordinance No.13896. AX-21- 004 is also related to Preliminary Plat case PP-21-017(filed on March 25,2021 and approved by City Plan Commission on September21,2021) and Concept Plan case CPA 7-005(on file as of November 20,2017).The Concept Plan and Preliminary Plat were approved by the City Plan Commission.According to the Walsh Ranch development agreement(City Secretary Contract No.28585),the Owner shall submit preliminary subdivision plats and requests for full purpose annexation pursuant to the procedure for development of the property. 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 site proposed for annexation is located fully within the City of Fort Worth's Certificate of Convenience and Necessity(CCN)which grants the City exclusive rights to provide retail water and/or sewer utility service. The site is also within the 20-Year Planned Service area as identified in the 2022 Comprehensive Plan. The proposed uses were considered while assessing the financial impact to the General Fund.A fiscal impact analysis was prepared by Planning &Data Analytics with the assistance of other City Departments. 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-21-004. 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- 21-004 for full purposes. If annexed,this property will become part of COUNCIL DISTRICT 3. 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