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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 / I 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. I (REMIAWDERI I THE M.T.COLEFAMKY 0 PARTNERSHIP No.Z LP 2009-10274P �'' �~ 0 wo O.R.D.C.T. �417 acxe a+cEFr I 186.229 ACRES Cti I I _ A-710 - - - A-1031 A-64 NP-OV FO T WORTH PROJ 3,L L C I 0� 20214 71349 I ti O.R. .CT. ORDIN41NCE (�j I 4 No.2#979 zi LOT$BLOCK 1OF — `Z , LOTS?d 3 BLOCK J NORTHPOINTALLLANCEINDUSTRIAL PARK 2021 249 O.Iz D.C.T. ORDINANCE No.24519 NP-OV FOIPT WORTH PROJFCTCY,LLC THIS EXHIBIT REPRESENTS 2020-70675 AN ACTUAL ON THE O.R.D.C.T. 1 tE$T F,f' GROUND SURVEY I 4�A,o S 'oRa# ................... G OOD�VIN Job No.: 10900 Scale: 1'=600' Sheet JOEL..BARTON Dratted: T.J.M. Checked: J.S.B. ,'�'o ......... M ARSHALL�€ 4 CML ENGINEERS—PLANNERS—SURVEYORS Of NO wMmo Ork%9 ip •T�780+ Date Prepared: 9/21/2021 I"7)3._,m 4 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� 0. .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 1 � 1 � f _ A-71 D — — — A-10< l A-64 NP-OV FO r WORTH '� O 1 PRojEc r 3 LLC I 2021-1 134P I 0. O.R. .C.T. � I/ � Q. ORDINANCE �j I <V j No.24979 �p Q Q / LOr3,BLOCK I I LOTS 2d�BLOCK 1 Q NORTHPOINT ALLIANCEWDUSTRIAL PARK 202124F 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 I qr,.ySTF1 GROUND SURVEY E.7 ... GOODIMNI Job No.: 10900 Scale: 1"=600' Sheet IOEL.. ......N 4f74 M ARSHALL 31 Drafted: T.J.M. Checked: J.S.B. 4O�ss�'�: CIVIL ENGINEERS-PLANNERS-SURVEYORS Of Date Prepared: 9/21/M 4 �, PIT)m•4mPod Tw!,7 pi-.FI«-rW-flA0jgMM Owner-Initiated Annexation Service Agreement 7 of 10 EXHIBIT A Continued 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, c h 'S@ OF r,&, yAt�G,S T R�d a7 GOODWIN< Job NO.: 10900 Scale: NONE Sheet JOELS.9ARTON U 4M4' v,' ARSHALL Dratted: TJ.M. Checked: J.S.B. 1 !Qp 4CBS 4b... CIVIL FNOJNEERS—PLANNERS—SURVEYORS Ot SrrtVVI zz f0'UMM"D"M,a'a'010'T••••ur Date Prepared: 9/21/2021 P17)':'-4M 4 Wrr,GTMi tfe•F-•raver-ra--*i®nm ' w Owner-Initiated Annexation Service Agreement 8 of 10 EXHIBIT A Continue d 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 z z North 43 degrees 26 minutes 20 seconds East,a distance of 109.14 feet; 13 < n North 13 degrees 25 minutes 16 seconds East,a distance of 69.76 feet; h North 65 degrees 25 minutes 53 seconds East,a distance of 67.90 feet: Irc o South 83 degrees 28 mnules 06 seconds East,a distance of 272.02 feel; Vc (iD i Oo Job No.: 10900 Scale: NONE SheetUGOODWIN TVAARSHALL Drafted: T.J.M. Checked: J.S.B. 2 € CIVIL ENGINEERS—PLANNERS—SURVEYORS Of ^ awe rlw.N cFw+.arspM+•.T�7MMr Date Prepared: 9/21/2021 Y¢ ln'r)err-am TEsp Fin I F4YM-US—Fin I t00¢ilW 4 lit Owner-Initiated Annexation Service Agreement 9 of 10 EXHIBIT A Continued 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. fW( Z Z < n a Z h O �Sf Fr G% ER� 0 G OOD WIN Job No.: 109oo Scale: NONE Sheet JOF ts.MRTON G 4914• ••v' �/(ARSHALL Drafted: T.J.M. Checked: J.S.B. 3ose�o�^ CIVIL ENGINEERS—PLANNERS—SURVEYORS 4'b surrv�dF of g ra No""orm,ate*,lr »Mor Date Prepared: 9/21/2021 4 Tad Raw I FAY-Tmw Fm I t0 I?W (� iJ 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 I 11 t � I � o :.114 ...... :: .. t 87 f 170 j B�8 Tgi&' t o b I: 81 oq 7 I I I I 4I 5 I i W a 904f 124 54 1696 660//11)It1i117��� ■ ✓O Fo> e 0 300 600 1,200 Feet 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