HomeMy WebLinkAboutOrdinance 25460-04-2022 ORDINANCE NO. 25460-04-2022
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 186.229 ACRES
OF LAND, MORE OR LESS, OUT OF THE A. KING SURVEY,
ABSTRACT NO. 710, AND THE C. PERRY SURVEY, ABSTRACT
NO. 1031, DENTON COUNTY, TEXAS, BEING A PORTION OF
THAT TRACT OF LAND AS DESCRIBED IN DEED TO M.T. COLE
FAMILY PARTNERSHIP NO. 29 LP RECORDED IN 2009-102749,
OFFICIAL PUBLIC RECORDS, DENTON COUNTY, TEXAS
(CASE NO. AX-22-001) 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 The
M.T. Cole Family Partnership No. 2, LP, the owners, requesting the full-purpose
annexation of 186.229 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 The
M.T. Cole Family Partnership No. 2, LP, and the City negotiated and entered into a
written agreement, City Secretary Contract No. 57817 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 April 12,
2022 at 6:00 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 186.229 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 A. King Survey, Abstract No. 710 and the C. Perry
Survey, Abstract No. 1031, Denton County, Texas, being a portion of that tract of land as
described in deed to The M.T. Cole Family Partnership No. 2, LP, recorded in 2009-
102749, Official Records, Denton County, Texas (ORDCT), and being more particularly
described as follows:
COMMENCING at a point in the approximate centerline of Elizabeth Creek and the south
line of Lot 1 X,Block 43 of Trails of Elizabeth Creek, an addition to the City of Fort Worth,
Denton County, Texas as recorded in 2020-226, ORDCT, being the most northerly corner
of Lot 3, Block 1 of the final plat of Lots 2 & 3, Block 1, Northpoint Alliance Industrial
Park, an addition to the City of Fort Worth, Denton County, Texas as recorded in 2021-
249, ORDCT and the most easterly corner of a tract of land as described in deed to NP-OV
Fort Worth Project 3, LLC, recorded in 2021-171349, ORDCT, from which a 5/8" rebar
capped Dunaway found at the most westerly corner of said Lot 3, Block 1 bears South
41degrees 23 minutes 43 seconds West, 3217.09 feet;
THENCE along the approximate centerline of said Elizabeth Creek and the line common
to said Lot 1X, Block 43 and the northeasterly line of said NP-OV Fort Worth Project 3
tract, as follows:
North 65 degrees 10 minutes 10 seconds West, a distance of 161.09 feet;
North 57 degrees 05 minutes 20 seconds West, a distance of 353.97 feet;
North 38 degrees 05 minutes 49 seconds West, a distance of 346.38 feet;
South 89 degrees 37 minutes 39 seconds West, a distance of 257.30 feet;
North 38 degrees 30 minutes 47 seconds West,a distance of 125.04 feet to the most
northerly corner of said NP-OV Fort Worth Project 3 tract, being the POINT OF
BEGINNING of the herein described tract of land;
THENCE departing the approximate centerline of said Elizabeth Creek and the south line
of said Lot 1X, Block 43, along the northerly and west lines of said NP-OV Fort Worth
Project 3 tract, as follows:
Annexation—AX-22-001 Ordinance No.25460-04-2022
South 41 degrees 23 minutes 43 seconds West, a distance of 1,149.97 feet;
WEST, a distance of 868.00 feet;
NORTH, a distance of 29.57 feet to the beginning of a tangent curve to the right,
having a radius of 50.00 feet;
Northeasterly, along said curve,having a central angle of 29 degrees 45 minutes 52
seconds, an arc distance of 25.97 feet, and a chord that bears North 14 degrees 52
minutes 56 seconds East, 25.68 feet to the beginning of a reverse curve to the left,
having a radius of 80.00 feet;
Southwesterly, along said curve, having a central angle of 257 degrees 40 minutes
03 seconds, an arc distance of 359.77 feet, and a chord that bears South 80 degrees
55 minutes 51 seconds West,124.64 feet to the beginning of a reverse curve to the
right, having a radius of 50.00 feet;
Southeasterly, along said curve,having a central angle of 47 degrees 54 minutes 11
seconds, an arc distance of 41.80 feet, and a chord that bears South 23 degrees 57
minutes 05 seconds East, 40.60 feet to the end of said curve;
SOUTH, tangent to said curve, a distance of 1,599.89 feet to the beginning of a
tangent curve to the left, having a radius of 537.50 feet;
Southeasterly, along said curve, having a central angle of 34 degrees 49 minutes
21 seconds,an are distance of 326.68 feet,and a chord that bears South 17 degrees
24 minutes 41 seconds East, 321.67 feet to a point in the north line of a tract of land
as described in deed to NP-OV Fort Worth Project CY, LLC, recorded in 2020-
70675, ORDCT,said point lying in a curve to the left,having a radius of 20.00 feet,
THENCE departing the west line of said NP-OV Fort Worth Project 3 tract, along the
north line of said NP-OV Fort Worth Project CY tract, as follows:
Southwesterly, along said curve, having a central angle of 44 degrees 10 minutes
58 seconds, an arc distance of 15.42 feet, and a chord that bears South 80 degrees
49 minutes 12 seconds West, 15.04 feet to a 5/8" rebar capped Sitepoint found at
the end of said curve;
South 58 degrees 43 minutes 43 seconds West, tangent to said curve, a distance of
97.54 feet to a 5/8"rebar capped Sitepoint found at the beginning of a tangent curve
to the right, having a radius of 525.00 feet;
Southwesterly, along said curve, having a central angle of 31 degrees 16 minutes
17 seconds, an arc distance of 286.54 feet, and a chord that bears South 74 degrees
21 minutes 52 seconds West, 283.00 feet to a 5/8" rebar capped Sitepoint found at
the end of said curve;
Annexation—AX-22-001 Ordinance No.25460-04-2022
West, tangent to said curve, a distance of 672.12 feet to a 5/8" rebar capped
Dunaway found at the northwest corner of said NP-OV Fort Worth Project CY
tract, said point lying in the east line of a tract of land as described in deed to BNSF
Railway Company, recorded in 2020-14394, ORDCT;
THENCE along the east line of said NSF Railway Company tract, as follows:
North 31 degrees 46 minutes 05 seconds West,a distance of 199.12 feet a 5/8"rebar
capped Dunaway found; North 00 degrees 04 minutes 32 seconds East, a distance
of 1,102.65 feet a 5/8" rebar capped Dunaway found;North 89 degrees 55 minutes
28 seconds West, a distance of 553.15 feet a 5/8" rebar capped Dunaway found;
North 00 degrees 04 minutes 32 seconds East, a distance of 1,639.12 feet to a 5/8"
rebar capped Dunaway found in the easterly line of the B.N. & S.F. Railroad right-
of-way (variable width R.O.W. per 93-R0021055, ORDCT), being the most
northerly corner of said BNSF Railway Company tract, said point lying in the west
line of said The M.T. Cole Family Partnership No. 2 tract;
THENCE along the easterly line of said B.N. & S.F. Railroad R.O.W. and the westerly
line of said M.T. Cole Family Partnership No. 2 tract, as follows:
North 21 degrees 57 minutes 33 seconds East, a distance of 664.28 feet to a point
at the beginning of a tangent curve to the right, having a radius of 2,764.93 feet,
from which a 5/8" rebar found bears South 81degrees 24 minutes West, 0.57 feet;
Northeasterly, along said curve, having a central angle of 01 degree 25 minutes 25
seconds,an arc distance of 68.70 feet(deed 68.93 feet),and a chord that bears North
22 degrees 40 minutes 16 seconds East, 68.70 feet to a 1 /2" rebar found;
South 66 degrees 37 minutes 02 seconds East, radial to said curve, a distance of
50.00 feet to the beginning of a curve to the right radial to said line.having a radius
of 2,714.93 feet;
Northeasterly, along said curve, having a central angle of 18 degrees 56 minutes 36
seconds,an arc distance of 897.62 feet, and a chord that bears North 32 degrees 51
minutes 16 seconds East, 893.53 feet to a point in the approximate centerline of
said Elizabeth Creek at the northwest corner of the herein described tract of land;
THENCE departing the easterly line of said B.N. & S.F. Railroad R.O.W., along the
approximate centerline of said Elizabeth Creek and the line common to said Lot 1 X,Block
43 and a remainder portion of said The M.T. Cole Family Partnership No. 2 tract, as
follows:
South 58 degrees 33 minutes 30 seconds East, a distance of 425.92 feet;
North 87 degrees 42 minutes 53 seconds East, a distance of 136.06 feet;
North 43 degrees 26 minutes 20 seconds East, a distance of 109.14 feet;
Annexation—AX-22-001 Ordinance No.25460-04-2022
North 13 degrees 25 minutes 16 seconds East, a distance of 69.76 feet;
North 65 degrees 25 minutes 53 seconds East, a distance of 67.90 feet;
South 83 degrees 28 minutes 06 seconds East, a distance of 272.02 feet;
South 58 degrees 33 minutes 30 seconds East, a distance of 425.92 feet;
North 87 degrees 42 minutes 53 seconds East, a distance of 136.06 feet:
North 43 degrees 26 minutes 20 seconds East, a distance of 109.14 feet;
North 13 degrees 25 minutes 16 seconds East, a distance of 69.76 feet;
North 65 degrees 25 minutes 53 seconds East, a distance of 67.90 feet;
South 83 degrees 28 minutes 06 seconds East, a distance of 272.02 feet;
South 46 degrees 12 minutes 13 seconds East, a distance of 204.55 feet;
South 68 degrees 45 minutes 26 seconds East, a distance of 193.54 feet;
South 80 degrees 07 minutes 02 seconds East, a distance of 198.03 feet;
South 55 degrees 34 minutes 51 seconds East, a distance of 178.75 feet;
South 17 degrees 51 minutes 17 seconds West, a distance of 268.74 feet;
South 42 degrees 13 minutes 46 seconds East, a distance of 179.01 feet;
South 60 degrees 56 minutes 31 seconds East, a distance of 304.68 feet;
South 76 degrees 16 minutes 11 seconds East, a distance of 216.63 feet;
North 78 degrees 14 minutes 42 seconds East, a distance of 166.63 feet;
South 63 degrees 28 minutes 50 seconds East, a distance of 146.73 feet;
South 15 degrees 47 minutes 36 seconds East, a distance of 370.29 feet;
South 38 degrees 30 minutes 47 seconds East,a distance of 33.44 feet to the POINT
OF BEGINNING and containing 186.229 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
Annexation—AX-22-001 Ordinance No.25460-04-2022
Worth, Texas, and the property so added hereby shall bear its pro rata part of the taxes
levied by the City of Fort Worth, Texas, and the inhabitants thereof shall be entitled to all
of the rights and privileges of all the citizens in accordance with the Municipal Services
Agreement and shall be bound by the acts, ordinances, resolutions and regulations of the
City of Fort Worth, Texas.
SECTION 4.
That the Municipal Services Agreement attached hereto as Exhibit`B"is approved
and incorporated into this ordinance for all purposes.
SECTION 5.
CUMULATIVE CLAUSE
This ordinance amends every prior ordinance in conflict herewith,but as to all other
ordinances or sections of ordinances not in direct conflict, this ordinance shall be, and the
same is hereby made cumulative.
SECTION 6.
SEVERABILITY CLAUSE
It is hereby declared to be the intent of the City Council that the sections,
paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any
phrase, clause, sentence, paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this ordinance, since the same would have been enacted by the
City Council without the incorporation in this ordinance of any unconstitutional phrase,
clause, sentence,paragraph or section.
SECTION 7.
SAVING CLAUSE
The City Council hereby declares it to be its purpose to annex to the City of Fort
Worth every part of the area described in Section 1 of this ordinance,regardless of whether
any part of such described area is hereby not effectively annexed to the City. Should this
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.
Annexation—AX-22-001 Ordinance No.25460-04-2022
APPROVED AS TO FORM AND LEGALITY:
J ette S.Goodall(Jul 20,202214: DT)
Melinda Ramos Jannette S. Goodall
Senior Assistant City Attorney City Secretary
ADOPTED AND EFFECTIVE: April 12, 2022 OF..Fp��
Cam. •.,�
i;7
Annexation—AX-22-001 Ordinance No.25460-04-2022
EXHIBIT A
EXHIBIT"A"
CURRENT INCORPORATED AREA
/ I
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186.229 ACRES TO BE ANNEXED
I ORDINANCE No.21377
LOT IX,BLOCK43
TRAILS Of
ELIZABETH CREEK
SUBJECTI r, 2020-226
I8 O.R.D.0 T.
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I THE M.T.COLEFAMKY 0
PARTNERSHIP No.Z LP
2009-10274P �'' �~ 0 wo
O.R.D.C.T. �417
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ORDINANCE No.24519
NP-OV FOIPT WORTH
PROJFCTCY,LLC
THIS EXHIBIT REPRESENTS 2020-70675
AN ACTUAL ON THE O.R.D.C.T. 1 tE$T F,f'
GROUND SURVEY I 4�A,o S 'oRa#
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Annexation—AX-22-001 Ordinance No.25460-04-2022
EXHIBIT B
Municipal Services Agreement
Annexation—AX-22-001 Ordinance No.25460-04-2022
CSC No. 57817
MUNICIPAL SERVICES AGREEMENT
BETWEEN THE CITY OF FORT WORTH,TEXAS
AND THE M.T.COLE FAMILY PARTNERSHIP NO.2,LP
This Municipal Services Agreement ('Agreement") is entered into on iztn day of
April , 2022 by and between the City of Fort Worth, Texas, a home-rule
municipality of the State of Texas, ("City") and The M.T. Cole Family Partnership No. 2, LP
("Owner").
RECITALS
The parties agree that the following recitals are true and correct and form the basis
upon which the parties have entered into this Agreement.
WHEREAS, Section 43.0671 of the LGC permits the City to annex an area if each owner
of land in an area requests the annexation;
WHEREAS, where the City elects to annex such an area,the City is required to enter into
a written agreement with the property owner(s)that sets forth the City services to be provided for
the Property on or after the effective date of annexation (the "Effective Date");
WHEREAS, Owner owns certain parcels of land situated in Denton County,
Texas, which consists of approximately 186.229 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-22-001 ('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.
OFFICIAL RECORD
Owner-Initiated Annexation Service Agreement CITY SECRETARY
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, Hiles, 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. Emerizency Medical Services - The City's Fire Department and MedStar (or
other entity engaged by the City afterthe 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 10
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 alevel 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 Apeem:nt 3 of 10
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 of 10
CITY OF FORT WORTH The M.T.Cole Family Partnership No.2,LP
By. � _ By � ..
Name: Dana Burghdoff Name: Jennifer Alexander
Title: Assistant City Manager Title: Manager
Approved as to Form and Legality:
ow'A3.,
Name:
Senior Assistant City Attorney
Attest: do�qf®RDaa
���°°°°°°°°O�00®j�
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.ea ° Y
P'0 0O. d
City Secretary 0 o o 0 °0"
Approvals: ada* °°°°°°°°°t°° pT
M&C: 22-0255 `��nEX 444d
Ordinance No.25460-04-2022
OFFICIAL RECORD
CITY SECRETARY
O�Nner-Initiated Annexation service Agreement FT. WORTH, TX
State of Texas §
County of Tarrant §
This instrument was acknowledged before me on the isth day of July 32022,
by Dana Burghdoff ,Assistant City Manager of the City of Fort Worth, a Texas
municipal corporation, on behalf of said corporation.
By: , s r
Notary Public, State of Texas
9RD
State of Texas §
County of Denton §
This instrument was acknowledged before me on the 7th day of February 2022,
by Jennifer Alexander, Manager of on behalf of said The M.T. Cole Family Partnership No. 2, LP.
By: `
Notary Public, State of Texas
►""'�t STACEE MCCLAIN
After Recording Return to: i �^ Notary ID #4099683
City Secretary ";r �� My Commission Expires
City of Fort Worth or, January 30, 2023
200 Texas Street
Fort Worth, Texas 76102
OFFICIAL RECORD
Owner-Initiated Annexation Service Agreement CITY SECRETARY
FT. WORTH, TX
EXHIBIT A
EXHIBIT"A"
CURRENT INCORPORATED AREA
/ l
/ 186.229 ACRES TO BE ANNEXED
i 1
1
ORDINANCE No.21377
LOr IX.BLOCK 43
TRAILS OF
E 9ABETH CREEK
SUBJECT r, 2020.226
O.R.D.C.r.
I /REMAINDER) �`�
THEM.T.COLEFAAKY O
PARTNERSHIP No.2 LP
2009 10274P t 0 e00
O.R.D.C.r. 0.
SCALE IN FEET
1 186.229 ACRES V
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O.R.D.C.T.
ORDINANCE No.24519
NP-OV FORT WORTH
PROJECT CY,LLC
THIS EXHIBIT REPRESENTS 2020-7067S
AN ACTUAL ON THE O.R.D.C.T. tg of T
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Owner-Initiated Annexation Service Agreement 7 of 10
EXHIBIT A
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EXHIBIT"A"
PROPERTY DESCRIPTION
STATE OF TEXAS:
COUNTY OF DENTON:
BEING a tract of land situated In the A.King Survey,Abstract No.710 and the C.Perry Survey,Abstract No.1031,Denton County,
Texas,being a portion of that tract of land as described in deed to The M.T.Cole Family Partnership No.2,I.P.recorded In
2009-102749,Official Records,Denton County,Texas(ORDCT),and being more particularly described as follows:
COMMENCING at a point in the approximate centerline of Elizabeth Creek and the south line of Lot i X.Block 43 of Trails of Elizabeth
Creek,an addition to the CRY of Fort Worth,Denton County,Texas as recorded In 2020-226,ORDCT,being the most northerly comer
of Lot 3,Block 1 of the final plot of Lots 2 B.3,Block 1,Northpoint Alliance Industrial Park,on addition to the City of Fort Worth,
Denton County,Texas as recorded in 2021-249,ORDCT and the most easterly comer of a tract of kind as described in deed to
NP-OV Fort Worth Project 3.LLC,recorded in 2021-171349,ORDCT,horn which a 5/8"rebor capped Dunaway found at the most
westerly corner of said Lot 3,Block 1 bears South 41 degrees 23 minutes 43 seconds West,3217.09 feet;
THENCE along the approximate centerine of said Elizabeth Creek and the Ina common to said Lot 1 X,Block 43 and the
northeasterly fine of said NP-OV Fort Worth Project 3 tract,as follows:
North 65 degrees 10 minutes 10 seconds West,a distance of 16I.09 feet:
North 57 degrees 05 minutes 20 seconds West,a distance of 353.97 feet;
North 38 degrees 05 minutes 49 seconds West•a distance of 346.38 teat;
South 89 degrees 37 minutes 39 seconds West,a distance of 257.30 feet:
North 38 degrees 30 minutes 47 seconds West,a distance of 125.04 feet to the most northerly corner of saki NP-OV Fort Worth
Project 3 tract,being the POINT OF BEGINNING of the herein described tract of land:
THENCE departing the approximate centerline of said Elizabeth Creek and the south tine of said Lot I X,Block 43,along the northerly
and west Ines of said NP-OV Fort Worth Project 3 tract,as follows:
South 41 degrees 23 minutes 43 seconds West,a distance of 1,149.97 feet;
WEST,a distance of 868.00 feet;
NORTH,a distance of 2957 teet to the beginning of a tangent curve to the right,having a radius of 50.00 feet;
Northeasterly,aksng said curve•having a central o ngle of 29 degrees 45 minutes 52 seconds,an arc distance of 25.97 feet,on
a chord that bears North 14 degrees 52 minutes 56 seconds East,25.60 feet to the beginning of a reverse curve to the left,
having a radius of 80.00 feet:
Southwesterly,along said curve,having a central angle of 257 degrees 40 minutes 03 seconds,an arc distance of 359.77 feet,
and a chord that bears South 80 degrees 55 minutes 51 seconds West,124.64 feet to the beginning of a reverse curve to the
right,having a radius of 50.00 feel;
Southeasterly,along said curve.having a central angle of 47 degrees 54 mkvAes 11 seconds,on arc distance of 41.80 feet.
and a chord that bears South 23 degrees 57 mirwfes 05 seconds East,40.60 feet to the end of said curve;
SOUTH,tangent to sold curve,a distance of 1,599.89 feet to the beginning of a tangent curve to the left,having a radius of
537.50 feet;
Southeasterly,along said curve,having a central angle of 34 degrees 49 minutes 21 seconds,an arc distance of 326.68 feet,
mind a chord that bears South 17 degrees 24 minutes 41 seconds East,321.67 feet to a point In the north Tine of a tract of land as
described in deed to NP-OV Fort Worth Project CY,LLC,recorded In 2020-70675,ORDCT,said point lying in a curve to the left, r
having a radius of 20.00 feet,
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Owner-Initiated Annexation Service Agreement 8 of 10
EXHIBIT A
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EXHIBIT"A"
THENCE deporting the west line of sold NP-OV Fort Worth Project 3 tract,along the north One of said NP-OV Fort Worth Project CY
tract,as follows:
Southwesterty,along said curve,having a central angle of 44 degrees 10 minutes 58 seconds,an arc distance
of 15.42 feet,and a chord that bears South 80 degrees 49 minutes 12 seconds West,15.04 feet to a 5/8"rebar capped
SBepont found at the end of said curve:
South 58 degrees 43 minutes 43 seconds West,tangent to said curve,a distance of 97.54 feet to a 5/8"rebar capped Silepoint
found at the beginning of a tangent curve to the right,having a radius of 525.00 feet:
Southwesterly,along said curve,having a central angle of 31 degrees 16 minutes 17 seconds,an orc distance
of 286.54 feet,and a chord that bears South 74 degrees 21 minutes 52 seconds West,283.00 feet to a 5/8"rebar capped
Sitepont found at the end of said curve;
West,tangent to said curve,a distance of 672.12 feet to a 5/8"rebor capped Dunaway found at the northwest comer of sold
NP-OV Fort Worth Project CY tract,sold point lying In the east One of a tract of land as described In deed to BNSF Railway
Company,recorded in 2020-1 439 4,ORDCT;
THENCE along the east line of said BNSF Railway Company tract,as follows:
North 31 degrees 46 minutes 05 seconds West,a distance of 1".12 feet a 5/8"rebar capped Dunaway found:
North 00 degrees 04 minutes 32 seconds East,a distance of 1,102.65 feet a 5/8"rebar capped Dunaway found;
North 89 degrees 55 minutes 28 seconds West,a distance of 553.15 feet a 5/8"rebar capped Dunaway found;
North 00 degrees 04 minutes 32 seconds East,a distance of 1.639.12 feet to a 518"rebor capped Dunaway found In the easterly
line of the B.N.3 S.F.Railroad right-of-way(variable width R.O.W.per 93-R0021055.ORDCT).being the most northerly comer of said
BNSF Railway Company tract,said point king in the west One of said The M.T.Cole Family Partnership No.2 tract:
THENCE along the easterly One of sad B.N.3 S.F.Railroad R.O.W.and the westerly One of said M.T.Cole Family Partnership No.2
tract,as follows:
North 21 degrees 57 minutes 33 seconds East,a distance of 664.28 feet to a point at the beginning of a tangent curve to the
right,having a radius of 2,764.93 feet,from which a 5/8"rebar found bears South 811degrees 24 minutes West,0.57 feet:
Northeasterly,along said curve,having a central angle of 01 degree 25 minutes 25 seconds,an arc distance
of 68.70 feel(deed 68.93 feet),and a chord that bears North 22 degrees 40 minutes 16 seconds East,68.70 feet to a 1/2"rebar
found:
South 66 degrees 37 minutes 02 seconds East,radial to said curve,a distance of 50.00 feet to the beginning of a curve to the
right radial to said One,having a radius of 2,714.93 feet:
Northeasterly,along said curve,having a central angle of 18 degrees 56 minutes 36 seconds,an arc distance of 897.62 feet,
and a chord that bears North 32 degrees 51 minutes 16 seconds East,893.53 feet to a point in the approximate centerline of
said Elizabeth Creek at the northwest comer of the herein described tract of land;
THENCE departing the easterly Ine of sold B.N.3 S.F.Railroad R.O.W.,along the approximate centerline of said Elizabeth Creek and
the One common to said Lot i X.Black 43 and a remainder portion of said The M.T.Cole Family Partnership No.2 tract,as follows:
South 58 degrees 33 minutes 30 seconds East,a distance of 425.92 feet;
North 87 degrees 42 minutes 53 seconds East,a distance of 136.06 feet; W
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North 13 degrees 25 minutes 16 seconds East,a distance of 69.76 feet;
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North 65 degrees 25 minutes 53 seconds East,a distance of 67.90 feet: Irc
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South 83 degrees 28 mnules 06 seconds East,a distance of 272.02 feel; Vc
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Owner-Initiated Annexation Service Agreement 9 of 10
EXHIBIT A
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EXHIBrr"A"
South 46 degrees 12 minutes 13 seconds East,a distance of 204.55 feet;
South 68 degrees 45 minutes 26 seconds East,a distance of 193.54 feet;
South 80 degrees 07 minutes 02 seconds East,a distance of 198.03 feet;
South 55 degrees 34 minutes 51 seconds East,a clisiance of 178.75 feet:
South 17 degrees 51 minutes 17 seconds West,a distance of 268.74 feet;
South 42 degrees 13 minutes 46 seconds East,a distance of 179.01 feet;
South 60 degrees 56 minutes 31 seconds East,a distance of 304.68 feet;
South 76 degrees 16 minutes 11 seconds East,a distance of 216.63 feet;
North 78 degrees 14 minutes 42 seconds East,a distance of 166.63 feet;
South 63 degrees 28 minutes 50 seconds East,a distance of 146.73 feet:
South 15 degrees 47 minutes 36 seconds East,a distance of 370.29 feet;
South 38 degrees 30 minutes 47 seconds East,a distance of 33,44 feet to the POINT Of BEGINNING and
containing 196.229 acres of land,more or less.
NOTES:
I. This Property Description represents an actual on the ground survey.
2. Bearings are referenced to Texas State Plane Coordinate System,North Central Zone(4202).North American
Datum of 1983 as derived from GPS observation.
3.
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Owner-Initiated Annexation Service Agreement 10 01710
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 04/12/22 M&C FILE NUMBER: M&C 22-0255
LOG NAME: 06AX-22-001 NORTHPOINT-186—OWNER INITITATED
SUBJECT
(Future CD 7) Conduct Public Hearing, Authorize Execution of Municipal Services Agreement and Adopt Ordinance for the Proposed Owner-
Initiated Annexation of Approximately 186.229 Acres of Land in Denton County, Known as Northpoint-186, Located South of Highway 114,West of
Farm to Market 156(Blue Mound Road), and East of John Day Road, in the Far North Planning Sector,AX-22-001
(PUBLIC HEARING-a. Report of City Staff.Jennifer Roberts; 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 186.229 acres of land in Denton County, known as
Northpoint-186, located south of Highway 114, west of Farm to Market 156(Blue Mound Road), and east of John Day Road as shown on
Exhibit A;
2. Authorize Execution of Municipal Services Agreement between the City of Fort Worth and property owners, M.T. Cole Family Partnership No.
2, LP; and
3. Adopt ordinance annexing AX-22-001 for full purposes.
DISCUSSION:
On February 4,2022, representatives for the property owners M.T. Cole Family Partnership No. 2, LP,submitted a request for annexation for full-
purpose annexation of the property shown on Exhibit A into the City of Fort Worth(City). The subject property is located entirely in that portion of
the City's extraterritorial jurisdiction which is in Denton County. The site is located south of Highway 114, west of Farm to Market 156(Blue Mound
Road), and east of John Day Road. The owner-initiated annexation, which is approximately 186.229 acres, is consistent with the urban
development annexation criteria as established by the City's Annexation Policy. The subject area is currently agricultural land and the property
owner's proposal of industrial type development is consistent with the future land use map of the 2022 Comprehensive Plan.
On September 9, 2020, the related preliminary plat(PP-20-047)was approved by City Plan Commission. The preliminary plat boundary is
surrounded by City Limits on three sides. The property owner will request annexation with each phase of development. On March 9, 2022,the
related zoning case(ZC-22-023)was heard by the Zoning Commission, and the commission voted to recommend approval of the requested
zoning to City Council. The requested zoning is"K"Heavy Industrial.
The annexation site is within an area that is identified as being in the Alliance Industrial Growth Center. The proposed annexation site will be
accessed from Farm to Market 156 (Blue Mound Road)which is a Texas Department of Transportation (TxDOT) maintained and controlled
roadway. Farm to Market 156(Blue Mound Road) is shown as a median divided, three-lane per direction, Commercial Connector on the City's
Master Thoroughfare Plan[CCO-L3-TO-NTMS-PO-BOP(130)]. As part of the first phase of development,TxDOT improvements were approved for
a fifty-foot wide,full movement driveway with southbound deceleration and northbound left turn lane. A traffic study was approved as part of the plat
approval process.
Subchapter C-0 of Chapter 43 of the Texas Local Government Code(LGC)provides for the process of annexation of an area upon a request of an
owner of land. Section 43.0672 of the LGC requires a municipality that elects to annex an area upon the request of an owner first negotiate and
enter into a written agreement with the owners of land in the area for the provision of municipal services.
The agreement must include:
1. A list of each service the municipality will provide on the effective date of the annexation, and
2. A schedule that includes the period within which the municipality will provide each service that is not provided on the effective date of the
annexation.
The municipal services agreement includes these provisions in accordance with state law.
The proposed uses were considered while assessing the financial impact to the General Fund. A fiscal impact analysis was 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-22-001.
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-22-001 for full purposes.
If annexed,this property will become part of COUNCIL DISTRICT 7.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations,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: 0
Expedited
Annexation - Northpoint 186 Exhibit
Addition of approximately 186.229 Acres to become part of Council District 7
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Fort Worth I I I I
Planning&Development Department
DESIGNATION 1:14,400 12/06/2021
C Full Purpose Adjacent Cities
COPYRIGHT 2021 CITY OF FORT WORTH UNAUTHORIZED REPRODUCTION IS A
® Limited Purpose County Boundaries VIOLATION OF APPLICABLE LAWS. THIS DATA IS TO BE USED FOR A GRAPHICAL
REPRESENTATION ONLY.THE ACCURACY IS NOT TO BE TAKEN/USED AS DATA
Extraterritorial Jurisdiction Q Annexation Area PRODUCED FOR ENGINEERING PURPOSES OR BY A REGISTERED PROFESSIONAL
LAND SURVEYOR.THE CITY OF FORT WORTH ASSUMES NO RESPONSIBILITY FOR
THE ACCURACY OF SAID DATA.
City of Fort Worth,Texas
Mayor and Council Communication
DATE: 04/12/22 M&C FILE NUMBER: M&C 22-0255
LOG NAME: 06AX-22-001 NORTHPOINT-186—OWNER INITITATED
SUBJECT
(Future CD 7) Conduct Public Hearing,Authorize Execution of Municipal Services Agreement and Adopt Ordinance for the Proposed Owner-
Initiated Annexation of Approximately 186.229 Acres of Land in Denton County, Known as Northpoint-186, Located South of Highway 114,West of
Farm to Market 156(Blue Mound Road),and East of John Day Road,in the Far North Planning Sector,AX-22-001
(PUBLIC HEARING-a. Report of City Staff:Jennifer Roberts; 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 186.229 acres of land in Denton County, known as
Northpoint-186, located south of Highway 114,west of Farm to Market 156 (Blue Mound Road), and east of John Day Road as shown on
Exhibit A;
2. Authorize Execution of Municipal Services Agreement between the City of Fort Worth and property owners, M.T.Cole Family Partnership No.
2, LP; and
3. Adopt ordinance annexing AX-22-001 for full purposes.
DISCUSSION:
On February 4,2022, representatives for the property owners M.T.Cole Family Partnership No.2, LP, submitted a request for annexation for full-
purpose annexation of the property shown on Exhibit A into the City of Fort Worth(City). The subject property is located entirely in that portion of
the City's extraterritorial jurisdiction which is in Denton County. The site is located south of Highway 114,west of Farm to Market 156(Blue Mound
Road), and east of John Day Road. The owner-initiated annexation, which is approximately 186.229 acres, is consistent with the urban
development annexation criteria as established by the City's Annexation Policy. The subject area is currently agricultural land and the property
owner's proposal of industrial type development is consistent with the future land use map of the 2022 Comprehensive Plan.
On September 9, 2020, the related preliminary plat(PP-20-047)was approved by City Plan Commission. The preliminary plat boundary is
surrounded by City Limits on three sides.The property owner will request annexation with each phase of development. On March 9, 2022,the
related zoning case(ZC-22-023)was heard by the Zoning Commission, and the commission voted to recommend approval of the requested
zoning to City Council. The requested zoning is"K"Heavy Industrial.
The annexation site is within an area that is identified as being in the Alliance Industrial Growth Center. The proposed annexation site will be
accessed from Farm to Market 156 (Blue Mound Road)which is a Texas Department of Transportation (TxDOT) maintained and controlled
roadway. Farm to Market 156 (Blue Mound Road)is shown as a median divided,three-lane per direction,Commercial Connector on the City's
Master Thoroughfare Plan[CCO-L3-TO-NTMS-PO-BOP(130)].As part of the first phase of development,TxDOT improvements were approved for
a fifty-foot wide,full movement driveway with southbound deceleration and northbound left turn lane. A traffic study was approved as part of the plat
approval process.
Subchapter C-3 of Chapter 43 of the Texas Local Government Code(LGC)provides for the process of annexation of an area upon a request of an
owner of land. Section 43.0672 of the LGC requires a municipality that elects to annex an area upon the request of an owner first negotiate and
enter into a written agreement with the owners of land in the area for the provision of municipal services.
The agreement must include:
1. A list of each service the municipality will provide on the effective date of the annexation,and
2. A schedule that includes the period within which the municipality will provide each service that is not provided on the effective date of the
annexation.
The municipal services agreement includes these provisions in accordance with state law.
The proposed uses were considered while assessing the financial impact to the General Fund. A fiscal impact analysis was 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-22-001.
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-22-001 for full purposes.
If annexed,this property will become part of COUNCIL DISTRICT 7.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations,the annexation will have a long-term positive impact to the
General Fund.
Submitted for City Manager's Office b . Dana Burghdoff 8018
Oriainatinci Business Unit Head: D.J. Harrell 8032
Additional Information Contact: 0
Expedited