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HomeMy WebLinkAboutOrdinance 25839-11-2022 ORDINANCE NO. 25839-11-2022 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 33.625 ACRES OF LAND, MORE OR LESS, OUT OF THE J.D. KYLE SURVEY, ABSTRACT NO. 792, AND THE C. JACKSON SURVEY, ABSTRACT NO. 754, PARKER COUNTY, TEXAS, RECORDED IN VOLUME 2583,PAGE 1474,OF THE REAL PROPERTY RECORDS OF PARKER COUNTY, TEXAS, (R.P.R.P.C.T.) AND APPROXIMATELY 0.915 ACRES OF LAND MORE OR LESS OF RIGHTS-OF-WAY OUT OF J.D. KYLE SURVEY, ABSTRACT NO. 792, PARKER COUNTY, TEXAS, RECORDED UNDER CLERK'S FILE NUMBER 202148423, OF THE REAL PROPERTY RECORDS OF PARKER COUNTY, TEXAS, (R.P.R.P.C.T.), (CASE NO. AX-22- 007) WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT CORPORATE BOUNDARY LIMITS OF FORT WORTH, TEXAS; PROVIDING THAT THIS ORDINANCE SHALL AMEND EVERY PRIOR ORDINANCE IN CONFLICT HEREWITH; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL PRIOR ORDINANCES NOT IN DIRECT CONFLICT; PROVIDING FOR SEVERABILITY; AND NAMING AN EFFECTIVE DATE. WHEREAS,the City of Fort Worth has received a petition in writing from Aledo WC 34, LLC, the owners, requesting the full-purpose annexation of 33.625 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, Aledo WC 34, LLC, and the City negotiated and entered into a written agreement, City Secretary Contract No. q \ , for the provisions of municipal services in the area; and WHEREAS,the Property abuts 0.915 acres of county roads and rights-of-way;and WHEREAS,the City conducted one public hearing at which members of the public who wished to present testimony or evidence regarding the Municipal Service Agreement and Full-Purpose Annexation were given the opportunity to do so, in accordance with the procedural requirements of Section 43.0686 of the Local Government Code on November 8, 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 33.625 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 32.975-acre tract situated in the J.D. KYLE SURVEY, ABSTRACT No. 792, and the C. JACKSON SURVEY, ABSTRACT No. 754, Parker County, Texas, and being out of and a portion of that certain called 34.744-acre tract described in instrument to Weatherford College of the Parker County Junior College District, recorded in Volume 2583, Page 1474, of the Real Property Records of Parker County, Texas, (R.P.R.P.C.T.), said 32.975-acre tract being more particularly described as follows: Bearings, Distances, and/or Areas derived from GNSS observations performed by Texas Surveying, Inc. and reflect N.A.D. 1983, Texas State Plane Coordinate System, North Central Zone 4202. (Grid) (Grid acreage is 32.967, surface acreage calculated using scale factor of 1.00012). BEGINNING at a 8" cedar fence corner post found in the apparent west line of the M. MOULTON SURVEY, ABSTRACT No. 934, Parker County, Texas, for the apparent northeast corner of said J.D. Kyle Survey and the apparent southeast corner of said C. Jackson Survey, said post being in a west line of that certain called 7,125.3-acre tract described in instrument to Walsh Ranches Limited Partnership,recorded in Volume 1699, Page 1765, R.P.R.C.T., for the southeast corner of that certain called 257-acre tract described in instrument to Moncrief Properties LLC, recorded under Clerk's File Number 201932829, R.P.R.P.C.T., and being the northeast corner of said 34.744-acre tract and the herein described tract; THENCE S 01°02'28" E, 1244.78 feet, with the apparent east line of said J.D. Kyle Survey,the apparent west line of said M.Moulton Survey,the east line of said 34.744-acre tract, a west line of said 7,125.3-acre tract, to a 1/2" iron rod with cap stamped "Texas Surveying, Inc." set in the north right-of-way of Old Weatherford Road, for the southeast corner of the herein described tract, said point being in a 420.00-foot radius curve to the left; Annexation—AX-22-007 Ordinance No. 25 839-1 1-2022 THENCE with the north right-of-way of said Old Weatherford Road, the following four (4) courses and distances: 209.37 feet southwesterly, with said 420.00-foot radius curve to the left, having a chord bearing a distance of S 76°03'20"W, 207.21 feet,to a 1/2" iron rod with cap stamped"Texas Surveying, Inc." set for the end of said curve; S 61°46'30" W,243.26 feet, to a 1/2" iron rod with cap stamped"Texas Surveying, Inc." set for the beginning of a 480.00-foot radius curve to the right; 231.08 feet southwesterly, with said 480.00-foot radius curve to the right, having a chord bearing and distance of S 75034'00" W, 228.86 feet, to a 1/2" iron rod with cap stamped "Texas Surveying, Inc." set for the end of said curve; S 89021'30"W, 312.51 feet,to a 1/2" iron rod with cap stamped"Texas Surveying, Inc." set in the southerly west line of said 34.744-acre tract,the easterly line of that certain called 2.00-acre tract described in instrument to Aledo ISD, recorded in Volume 2682, Page958, R.P.R.P.C.T., for the southerly southwest corner of the herein described tract; THENCE N 0001754" W, with the southerly west line of said 34.744-acre tract, the east line of said 2.00-acre tract, at 9.50 feet pass a 3/8" iron rod found for reference, in all a total distance of 369.33 feet, to a 3/8" iron rod found for the northeast corner of said 2.00- acre tract, being an interior corner of said 34.744-acre tract and the herein described tract; THENCE S 89041'26" West, 209.00 feet, with the north line of said 2.00-acre tract, to a 5/8" iron rod found for the northwest corner of said 2.00-acre tract, being the northeast corner of that certain called 2.00-acre tract described in instrument to Regina Grammer, recorded in Volume 2438, Page 899, R.P.R.P.C.T., being the southeast corner of that certain called 136.237-acre tract described in instrument to Aledo ISD,recorded in Volume 2583, Page 1480, R.P.R.P.C.T., and being the westerly southwest corner of said 34.744- acre tract and the herein described tract; THENCE N 10`4616" E, 1,186.97 feet, with the west line of said 34.744-acre tract, the east line of said 136.237-acre tract,to a point in the centerline of Little Mary's Creek,being the south line of said 257-acre tract, for the northeast corner of said 136.237-acre tract, being the northwest corner of said 34.744-acre tract and the herein described tract; THENCE with the centerline of Little Mary's Creek, the north line of said 34.744-acre tract, the south line of said 257-acre tract, the five (5) following courses and distances: S 83032'06" E, 28.65 feet, to a point for corner; S 87056'34" E, 73.26 feet, to a point for corner; S 82°41'19" E, 62.29 feet, to a point for corner; S 71032-03"E, 76.16 feet, to a point for corner; S 50004-27" E, 55.76 feet, to a point for corner; Annexation-AX-22-007 Ordinance No.25839-11-2022 THENCE N 89008'31" E, 637.64 feet, with the north line of said 34.744-acre tract, the south line of said 257-acre tract,to the POINT OF BEGINNING, and containing 32.975 acres, more or less. AND BEING a 0.658-acre tract situated in the J.D.KYLE SURVEY,ABSTRACT No.792,and the C. JACKSON SURVEY, ABSTRACT No. 754, Parker County, Texas, and being out of and a portion of that certain called 34.744 acre tract described in instrument to Weatherford College of the Parker County Junior College District, recorded in Volume 2583, Page 1474, of the Real Property Records of Parker County, Texas, (R.P.R.P.C.T.), said 0.658-acre tract being more particularly described as follows: Bearings, Distances, and/or Areas derived from GNSS observations performed by Texas Surveying, Inc. and reflect N.A.D. 1983, Texas State Plane Coordinate System, North Central Zone 4202. (Grid) (Grid acreage is 0.658, surface acreage calculated using scale factor of 1.00012). COMMENCING at a 8"cedar fence corner post found in the apparent west line of the M. MOULTON SURVEY, ABSTRACT No. 934, Parker County, Texas, for the apparent northeast corner of said J.D. Kyle Survey and the apparent southeast corner of said C. Jackson Survey, said post being in a west line of that certain called 7,125.3-acre tract described in instrument to Walsh Ranches Limited Partnership,recorded in Volume 1699, Page 1765, R.P.R.C.T., for the southeast corner of that certain called 257-acre tract described in instrument to Moncrief Properties LLC, recorded under Clerk's File Number 201932829, R.P.R.P.C.T., and being the northeast corner of said 34.744-acre tract and the herein described tract; THENCE S 01 002'28"E,with the apparent east line of said J.D.Kyle Survey,the apparent west line of said M. Moulton Survey,the east line of said 34.744-acre tract, a west line of said 7,125.3-acre tract, at 1244.78 feet passing a 1/2" iron rod with cap stamped "Texas Surveying, Inc." set in the north right-of-way of Old Weatherford Road, in all a total distance of 1,284.80 feet, to a 1" iron pipe found at the base of a tree, for the POINT OF BEGINNING, being the northeast corner of that certain called 1.083-acre tract described in instrument to Walsh Ranches Limited Partnership, recorded under Clerk's File Number 201321981,R.P.R.P.C.T.,the southeast corner of said 34.744-acre tract, and being the east corner of the herein described tract; THENCE with the north line of said 1.083-acre tract, the three (3) following courses and distances: S 80°59'56" W, 69.80 feet, to a 1/2" capped iron rod found for corner, S 72°33'55" W, 71.38 feet, to a railroad spike found for corner, S 65.3F12" W, 111.84 feet, to a railroad spike found for the northwest corner of said 1.083-acre tract; Annexation—AX-22-007 Ordinance No.25 839-11-2022 THENCE S 00007'25" E, 150.08 feet, with the west line of said 1.083-acre tract, to a 1" iron pipe found in a north line of said 7,125.3-acre tract, for the southwest corner of said 1.083-acre tract, being the southerly southeast corner of said 34.744-acre tract and the herein described tract; THENCE S 89040'22"W, 711.56 feet,with the south line of said 34.744-acre tract, a north line of said 7,125.3-acre tract, to a 3/8" iron rod found in the north line of Lot 39-POS, Block 4, Walsh Ranch - Quail Valley,plat of said subdivision recorded in Cabinet E, Slide 513, of the Plat Records of Parker County, Texas, for the southeast corner of that certain called 2.00 acre tract described in instrument to Aledo ISD,recorded in Volume 2682,Page 958, R.P.R.P.C.T., being the southerly southwest corner of said 34.744-acre tract and the herein described tract; THENCE N 0001754" W, 7.28 feet,with the southerly west line of said 34.744-acre tract, the east line of said 2.00-acre tract, to a 1/2" iron rod with cap stamped "Texas Surveying, Inc." set in the south right-of-way of said Old Weatherford Road, for the northwest corner of the herein described tract; THENCE over and across said 34.74- acre tract, and with the south right of way of said Old Weatherford Road, the following four(4) courses and distances: N 89021'30"E, 312.75 feet,to a 1/2" iron rod with cap stamped "Texas Surveying, Inc." set for the beginning of a 520.00-foot radius curve to the left; 250.34 feet northeasterly, with said 520.00-foot radius curve to the left, having a chord bearing and distance of 75°34' 00" E, 247.93 feet, to a 1/2" iron rod with cap stamped "Texas Surveying, Inc." set for the end of said curve; N 61°46'30" E, 243.26 feet, to a rail road spike set, for the beginning of a 380.00- foot radius curve to the right; 190.39 feet northeasterly, with said 380.00-foot radius curve to the right, having a chord bearing and distance of N 76°07'42" E, 188.40 feet, to the POINT OF BEGINNING, and containing 0.658 acres, more or less. SECTION 2. The above described territory is shown on Map Exhibit A attached hereto and expressly incorporated herein by reference for the purpose of depicting the location of the hereinabove described territory. SECTION 3. That all portions of the roads and rights-of-way, comprising approximately 0.915 acres of land, are hereby annexed to the City of Fort Worth as a part of the city for all municipal purposes, and the city limits are extended to include such roads and rights-of-way being all that certain land particularly described below and depicted as on Exhibits `B" and "C", attached to and incorporated in this ordinance for all purposes. Annexation—AX-22-007 Ordinance No.25839-11-2022 SECTION 4. That the above described territory hereby annexed shall be part of the City of Fort Worth, Texas, and the property so added hereby shall bear its pro rata part of the taxes levied by the City of Fort Worth, Texas, and the inhabitants thereof shall be entitled to all of the rights and privileges of all the citizens in accordance with the Municipal Services Agreement and shall be bound by the acts, ordinances, resolutions and regulations of the City of Fort Worth, Texas. SECTION 5. That the Municipal Services Agreement attached hereto as Exhibit"D" is approved and incorporated into this ordinance for all purposes. SECTION 6. CUMULATIVE CLAUSE This ordinance amends every prior ordinance in conflict herewith,but as to all other ordinances or sections of ordinances not in direct conflict, this ordinance shall be, and the same is hereby made cumulative. SECTION 7. SEVERABILITY LAUSE It is hereby declared to be the intent of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any unconstitutional phrase, clause, sentence, paragraph or section. SECTION 8. SAVING CLAUSE The City Council hereby declares it to be its purpose to annex to the City of Fort Worth every part of the area described in Section 1 of this ordinance, regardless of whether any part of such described area is hereby not effectively annexed to the City. Should this ordinance for any reason be ineffective as to any part or parts of the area hereby annexed to the City of Fort Worth for full purposes, the ineffectiveness of this ordinance as to any such part or parts shall not affect the effectiveness of this ordinance as to the remainder of such area. Annexation—AX-22-007 Ordinance No. 25 839-11-2022 SECTION 9. EFFECTIVE DATE This ordinance shall be in full force and effect upon adoption. APPROVED AS TO FORM AND LEGALITY: /n� '• �^ Tonnerre S. Goodall Jannette S.Goodall(Nov 10,202215:37 CST) Melinda Ramos Jannette S. 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IdY1RAE4�` V. TEXAS__ _ _ *-; SURVE YING --m,.,Ru Annexation—AX-22-007 Ordinance No.25839-11-2022 Exhibit B Legal Description for Road and Right-of-Way "Portions of Old Weatherford Road" PROPOSED 0.915 ACRE RIGHT-OF-WAY PARCEL DESCRIPTION BEING a 0.915-acre tract situated in the J.D. KYLE SURVEY, ABSTRACT No. 792, Parker County, Texas, and being out of and a portion of that certain called 34.548-acre tract described in instrument to Aledo WC 34, LLC, recorded under Clerk's File Number 202148423, of the Real Property Records of Parker County, Texas, (R.P.R.P.C.T.), said 0.915-acre tract being more particularly described as follows: Bearings, Distances, and/or Areas derived from GNSS observations performed by Texas Surveying, Inc. and reflect N.A.D. 1983, Texas State Plane Coordinate System, North Central Zone 4202. (Grid) (Grid acreage is 0.915, surface acreage calculated using scale factor of 1.00012). BEGINNING at a Set 1/2" Capped Iron Rod in the west line of said 34.548-acre tract, for the southwest corner of the herein described tract, from which a 3/8" iron rod found for the southwest corner of said 34.548-acre tract bears S 00'17154" E, 7.28 feet; THENCE N 00017'54" W, 40.00 feet, with the west line of said 34.548-acre tract, to a Set 1/2" Capped Iron Rod for the northwest corner of the herein described tract, from which a 3/8" iron rod found for reference bears N 0001 T54" W, 9.50 feet; THENCE over and across said 34.548-acre tract,the following: N 89°21'30" E, 312.51 feet, to a Set 1/2" Capped Iron Rod for the beginning of a 480.00-foot radius curve to the left; 231.08 feet northeasterly, with said 480.00-foot radius curve to the left, having a chord bearing and distance of 75°34'00"E,228.86 feet,to a Set 1/2"Capped Iron Rod for the point of tangency of said curve; N 61046'30" E, 243.26 feet, to a Set I/2" Capped Iron Rod for the beginning of a 420.00-foot radius curve to the right; 209.37 feet northeasterly, with said 420.00-foot radius curve to the right, having a chord bearing and distance of 76003'20"E,207.21 feet,to a Set 1/2" Capped Iron Rod in the east line of said 34.548-acre tract, for the northeast corner of the herein described tract; THENCE S 01°02'28" E, 40.01 feet, with the east line of said 34.548-acre tract, to a 1" iron pipe found at the base of a tree, for the southeast corner of said 34.548-acre tract and the herein described tract, said point being in a 380.00-foot radius curve to the left; THENCE over and across said 34.548-acre tract, the following: Annexation—AX-22-007 Ordinance No. 25839-11-2022 190.39 feet southwesterly, with said 380.00-foot radius curve to the left, having a chord bearing and distance of S 76°07'42" W, 188.40 feet, to a Set Railroad Spike for the point of tangency of said curve; S 61°46'30" W, 243.26 feet, to a Set 1/2" Capped Iron Rod for the beginning of a 520.00-foot radius curve to the right; 250.34 feet southwesterly, with said 520.00-foot radius curve to the right, having a chord bearing and distance of S 75°34'00" W, 247.93 feet, to a Set 1/2" Capped Iron Rod for the point of tangency of said curve; THENCE S 89°21'30" W, 312.75 feet, to the POINT OF BEGINNING, and containing 0.915 acres, more or less. Annexation—AX-22-007 Ordinance No.25839-11-2022 Exhibit C Map of Road and Right-of-Way "Portion of Old Weatherford Road" iz r�i yge. o fi6 e= 44g$ a E E 9¢g i cn y 40A, yy-021 -" i 4f t YI 6 Bk r W .a r3�Yj • 6S3 si �� i `�i ��ia �fi '� g �i 6 alli nE7 ! ��ifi s i a ids i�sp �y ' ji w �lt�t 3�� pa■ j 8aj�y � � � icy [g�� p� a � � #{b d' �3 ;fi slbiilfiifi ! fi 8ifi'lfit fil iflgli I]! ii in I i , IAtLz � q 0: g { • i a; tt list III Poll i All 1 I ss iakHtlp$ WWsa fillg""c• as ` 11 �1 ■4ti ZW}a .awzPM � .,.� fi Annexation—AX-22-007 Ordinance No.25 839-11-2022 Exhibit D Municipal Services Agreement Annexation—AX-22-007 Ordinance No.25 839-1 1-2022 CSC No.58411 MUNICIPAL SERVICES AGREEMENT BETWEEN THE CITY OF FORT WORTH, TEXAS AND ALEDO WC 34,LLC. This Municipal Services Agreement ("Agreement") is entered into on th day of November 2022 by and between the City of Fort Worth, Texas, a home-rule municipality of the State of Texas,("City")and A1edo WC 34 LLC. ("Owner"). RECITALS The parties agree that the following recitals are true and correct and form the basis upon which the parties have entered into this Agreement. WHEREAS, Section 43.0671 of the LGC permits the City to annex an area if each owner of land in an area requests the annexation; WHEREAS, where the City elects to annex such an area, the City is required to enter into a written agreement with the property owner(s) that sets forth the City services to be provided for the Property on or after the effective date of annexation (the"Effective Date"); WHEREAS, Owner owns certain parcels ofland situated in Parker County, Texas, which consists of approximately 34.548 acres of land in the City's extraterritorial jurisdiction, such property being more particularly described and set forth in Exhibit "A" attached and incorporated herein by reference ("Property"); WHEREAS, Owner has filed a written request with the City for full-purpose annexation of the Property, identified as Annexation Case No. AX-21-007 ("Annexation Case"); WHEREAS, City and Owner desire to set out the City services to be provided for the Property on or after the effective date of annexation, WHEREAS, the Annexation Case and execution of this Agreement are subject to approval by the Fort Worth City Council; and NOW THEREFORE, in exchange for the mutual covenants, conditions and promises contained herein, City and Owner agree as follows. L 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 CITY SECRETARY Owner-Initiated Annexation Service Agreement FT.WORTH,TX 1 01 l u 3. MUNICIPAL SERVICES. a. Commencing on the Effective Date, the City will provide the municipal services set forth below. As used in this Agreement, "providing services" includes having services provided by any method or means by which the City may extend municipal services to any other area of the City, including the City's infrastructure extension policies and developer or property owner participation in accordance with applicable city ordinances, rules, regulations, and policies. i. Fire — The City's Fire Department will provide emergency and fire protection services comparable with the provision of services available in other parts of the municipality with topography, land use and population density similar to the level of service contemplated or projected in the area. ii. Police — The City's Police Department will provide protection and law enforcement services. iii. Emergency Medical Services - The City's Fire Department and MedStar (or other entity engaged by the City after the Effective Date)will provide emergency medical services. iv. Planning and Zoning — The City's Development Services Department will provide comprehensive planning, land development, land use, and building review and inspection services in accordance with all applicable laws, rules, and regulations. v. Parks and Recreational Facilities. Residents of the Property will be permitted to utilize all existing publicly-owned parks and recreational facilities and all such facilities acquired or constructed after the Effective Date(including community service facilities, Iibraries, 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 the City water and sewer system, then the owner may request a connection and Owner-Initiated Annexation service Agreement 2of10 / receive up to 200 linear feet of water and sewer extension at the City's cost for each occupied lot or tract in accordance with the City's "Policy for the Installation of Community Facilities" and applicable law. Once connected to the City's water and sanitary sewer mains, the water and sanitary sewage service will be provided by the City at rates established by City ordinances for such service. x. Solid Waste Services—The City will provide solid waste collection services in accordance with existing City ordinances and policies, except where prohibited by law. xi. Code Compliance — The City's Code Department will provide education, enforcement, and abatement relating to code violations within the Property. xii. Full Municipal Services — Commencing on the Effective Date, the City will provide to the Property all services provided by the City within its full-purpose boundaries and not otherwise listed above, except as provided in Section 3(b). b. The City will provide water service and wastewater treatment service to developments established after the Effective Date in accordance with, and on the schedule determined by, the City's extension policies and applicable law and at rates established by City ordinances for such services. C. It is understood and agreed that the City is not required to provide a service that is not included in this Agreement. d. Owner understands and acknowledges that the City departments listed above may change names or be re-organized by the City Manager. Any reference to a specific department also includes any subsequent City department that will provide the same or similar services. 4. SERVICE LEVEL. The City will provide the Property with a level of services,infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City with topography, land use, and population density similar to those reasonably contemplated or projected for the Property. 5. AUTHORITY. City and Owner represent that they have full power, authority and legal right to execute, deliver and perform their obligations pursuant to this Agreement. Owner acknowledges that approval of the Annexation Case is within the sole jurisdiction of the City Council. Nothing in this Agreement guarantees favorable decisions by the City Council. 6. SEVERABILITY. If any part, term, or provision of this Agreement is held by the courts to be illegal, invalid, or otherwise unenforceable, such illegality, invalidity, or unenforceability will not affect the validity of any other part, term or provision, and the rights of the parties will be construed as if the part, term, or provision was never part of the Agreement. 7. INTERPRETATION. The parties to this Agreement covenant and agree that in any litigation relating to this Agreement, the terms and conditions of the Agreement will be interpreted according to the laws of the State of Texas. The parties acknowledge that they are of equal bargaining power and that each of them was represented by legal counsel in the negotiation and drafting of this Agreement. Owner-Initiated Annexation Service Agreement 3 of 1 D X" S. GOVERNING LAW AND VENUE. Venue shall be in the state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division and construed in conformity with the provisions of Texas Local Government Code Chapter 43, 9. NO WAIVER, The failure of either party to insist upon the performance of any term or provision of this Agreement or to exercise any right granted hereunder shall not constitute a waiver of that party'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 4of10 / r CITY OF FORT WORTH ALEDO WC 34, LLC. By: DJ�2�lad8�Ak" By: Name: Name: Anson Reill Title: Assistant CiV Manager Title: President of Sunrise artners LLC its sole Mana er Approved as to Form and Legality: Name: Melinda Ramos Senior Assistant City Attorney Attest: ooa�FONj 4p ° Q.°a a�a° �9do ovoo =o Tannehte S.Goodall Jannette S.Goodall(Nov 30,202207:03 CST, City Secretary Approvals: M&C: 22-0889 Ordinance No.25839-11-2022 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Owner-Initiated Annexation Service Agreement 5of10 State of Texas § County of Tarrant § This instrument was acknowledged before me on the 29 day of_November , 2�-2 by Dana Burghdoff Assistant City Manager of the City of Fort Worth, a Texas municipal corporation, on behalf of said corporation. By: Selena Ala(Nov 29 :51 CST) Notary Public, State of Texas oPav aba 1. INA ALA a Notary Public m * STATE OF TEXAS Notary I.D.132422528 9jFOF 1e My Comm.Exp.Mar.31,2024 State of _�e' S �§ County of 0,,5 § This instrument was acknowledged before me on the OLA ay of LkS- " 203a by Anson Reill , President of Sunrise Partners LLC.its sole Manager on behalf of Aledo WC 34, LLC. 0 By: ay� ¢: LINDSEY FOSTED Notary Public, State of �� S •' *:k: �.. MY Nofary ID#12582 Expires September 8 After Recording Return to: City Secretary City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 Owner-Initiated Annexation Service Agreement 6of10 EXHIBIT A North Remainder Property Descf,dw ._. y)R�14rs ser^ne,�¢sLs:rrbxte¢uym nlrvm mPswnr,sasLAu:[mm2 a',nnln°e_au'Rsw w>ny. • _ '?w*P NQ =.n, e.,<rp Tn it�xa'P,nio�w.all�i<i<r�ndne"rnn`i.�In;nr�.+a��awe��il rc.�giaitnl�:: G- �[� }AeA Papr if.UtMRnIP,rpnryNrwaeMP,deiexyr.-ws IPVRPf ii s,k}pw5 xrzt Ylt a»y Ay �.e :rR[wyq�Re.•n®IH.»v ti. nrw PrnvarlYs ur t'U -lz Ls �urea2sann I Ani.rr;.q,arm.n„'»Il.r,.«tw.atrr.af�b„„x.r.vewxr.mrxwtw..n,9wr..arHx1 44 mgs2Eal I �w�Aet.In.asurPne°Souxrgr.[famtkrce Po.wma'aE{[m K,:c.r.°.PRlaaar - I a.aa-. sr[atweamllaxa.ntnr,rl�� - '� k�# eY�xA etea erex Ynermi-:rvp[p kur>s�n ue . ... -'1189"oe]I'46i269 AI fY.e95ibt[i Hxsp4 PPMrCwMr."eaa.eklan9rnrrr�w,lla»ex[�eln�>•df0.R}[e Aarw etit x1. 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P mr� "" tla ni nMwe xre murnat a rrrMunrae.:arwix.aeaKKnlrmlaa rMa rt wrgC ;Nnxa°r,:nuq.xs..rar xrrr.nntn w,yx•.Yn n.l�.pr- tsea •�'-3'Y .: ra. >r e,'w �AnrP,nwnrenr,x[.xP""""w xPiPr,ar.Iglaww,rP.erw.a°rb,r>.rmen.l Mrwanlnu,ltnryfalnrnsnexxye.u.wunfxv iw4r:nn rw6..+r•T.cv.e.f •PvrTumm�,:enP•nx Ya bxrae1nnwgr„a.uvrhn n»xrulro-:,u>renrwPtr na�.n"�e+xvYx ,• • n - r twhrwwxi vx,y Mltske>IlYxsec,ls'euayx.xin tw awt u.nax+ - a,."'-.•:.... �x:.!r.:bPo�,uol C�r�"e"ra' ;e 74 P4�u ..,.5A TEXAS A; 1�� r�.12D M1x. i,.lK.. xvYtp-Iprxx[�.v[r Mx r' f¢,/ SURVEYING w'nt 2-0e ape xmluC-Wnw Yler.w[,nrw'i rx[ �+y�FS6lB�sla'y�J NC9p L91NIi1.9NH45iE) I w.YiNIYwYPmnrt,w.y,a Owner-Initiated Annexation Service Agreet93ent 7of10 Exhibit A Continued BEING a 32.975 acre tract situated in the J.D. KYLE SURVEY,ABSTRACT No. 792, and the C.JACKSON SURVEY, ABSTRACT No. 754, Parker County, Texas, and being out of and a portion of that certain called 34.744 acre tract described in instrument to Weatherford College of the Parker County Junior College District, recorded in Volume 2583, Page 1474, of the Real Property Records of Parker County, Texas, (R.P.R.P.C,T.), said 32.975 acre tract being more particularly described as follows: Bearings, Distances, and/or Areas derived from GNSS observations performed by Texas Surveying, Inc. and reflect N.A.D. 1983, Texas State Plane Coordinate System, North Central Zone 4202. (Grid) (Grid acreage is 32.967, surface acreage calculated using scale factor of 1.00012). BEGINNING at a 8" cedar fence corner post found in the apparent west line of the M. MOULTON SURVEY, ABSTRACT No. 934, Parker County, Texas, for the apparent northeast corner of said J.D. Kyle Survey and the apparent southeast corner of said C. Jackson Survey, said post being in a west line of that certain called 7,125.3 acre tract described in instrument to Walsh Ranches Limited Partnership, recorded in Volume 1699, Page 1765, R.P.R.C.T,, for the southeast corner of that certain called 257 acre tract described in instrument to Moncrief Properties LLC, recorded under Clerk's File Number 201932829, R.P.R.P.C.T., and being the northeast corner of said 34.744 acre tract and the herein described tract; THENCE S 01002'28" E, 1244.78 feet, with the apparent east line of said J.D. Kyle Survey, the apparent west line of said M. Moulton Survey, the east line of said 34.744 acre tract, a west line of said 7,125.3 acre tract, to a 1/2" iron rod with cap stamped "Texas Surveying, Inc." set in the north right-of-way of Old Weatherford Road, for the southeast corner of the herein described tract, said point being in a 420.00 foot radius curve to the left; THENCE with the north right-of-way of said Old Weatherford Road, the following four (4) courses and distances: 1) 209.37 feet southwesterly, with said 420.00 foot radius curve to the left, having a chord bearing an distance of S 76"03'20" W, 207.21 feet, to a 1/2" iron rod with cap stamped "Texas Surveying, Inc." set for the end of said curve; 2) S 61046'30" W, 243.26 feet, to a 1/2" iron rod with cap stamped "Texas Surveying, Inc." set for the beginning of a 480.00 foot radius curve to the right; 3) 231.08 feet southwesterly, with said 480.00 foot radius curve to the right, having a chord bearing and distance of S 75°34'00" W, 228.86 feet, to a 1/2" iron rod with cap stamped "Texas Surveying, Inc." set for the end of said curve; 4) S 89°21'30" W, 312.51 feet, to a 1/2" iron rod with cap stamped "Texas Surveying, Inc." set in the southerly west line of said 34.744 acre tract, the easterly line of that certain called 2.00 acre tract described in instrument to Aledo ISD, recorded in Volume 2682, Page958, R.P.R.P,C.T., for the southerly southwest corner of the herein described tract; Owner-Initiate[]Annexation Service Agreement 8of10 / J THENCE N 00017'54" W, with the southerly west line of said 34.744 acre tract, the east line of said 2.00 acre tract, at 9.50 feet pass a 3/8" iron rod found for reference, in all a total distance of 369.33 feet, to a 3/8" iron rod found for the northeast corner of said 2.00 acre tract, being an interior corner of said 34.744 acre tract and the herein described tract; THENCE S 89041'26" West, 209.00 feet, with the north line of said 2.00 acre tract, to a 5/8" iron rod found for the northwest corner of said 2.00 acre tract, being the northeast corner of that certain called 2.00 acre tract described in instrument to Regina Grammer, recorded in Volume 2438, Page 899, R.P.R.P.C.T., being the southeast corner of that certain called 136.237 acre tract described in instrument to Aledo ISD, recorded in Volume 2583, Page 1480, R.P.R.P.C.T., and being the westerly southwest corner of said 34.744 acre tract and the herein described tract; THENCE N 10046'16" E, 1,186.97 feet, with the west line of said 34.744 acre tract, the east line of said 136.237 acre tract, to a point in the centerline of Little Mary's Creek, being the south line of said 257 acre tract, for the northeast corner of said 136.237 acre tract, being the northwest corner of said 34.744 acre tract and the herein described tract; THENCE with the centerline of Little Mary's Creek,the north line of said 34.744 acre tract, the south line of said 257 acre tract, the five (5) following courses and distances: 1) S 83°32'06" E, 28.65 feet, to a point for corner; 2) S 87056'34" E, 73.26 feet, to a point for corner; 3) 5 82°41'19" E, 62.29 feet, to a point for corner; 4) 5 71032'03" E, 76.16 feet, to a point for corner; 5) S 50°04'27" E, 55.76 feet, to a point for corner; THENCE N 89008'31" E, 637.64 feet, with the north fine of said 34.744 acre tract, the south line of said 257 acre tract, to the POINT OF BEGINNING, and containing 32.975 acres, more or less. AND BEING a 0.915 acre tract situated in the J.D. KYLE SURVEY,ABSTRACT No, 792, Parker County,Texas, and being out of and a portion of that certain called 34.548 acre tract described in instrument to Aledo WC 34, LLC, recorded under Clerk's File Number 202148423, of the Real Property Records of Parker County, Texas, (R.P.R.P.C.T.), said 0.915 acre tract being more particularly described as follows: Bearings, Distances, and/or Areas derived from GLASS observations performed by Texas Surveying, Inc. and reflect N.A.D. 1983,Texas State Plane Coordinate System, North Central Zone 4202. (Grid) (Grid acreage is 0.915, surface acreage calculated using scale factor of 1.00012). Owner-Initiated Annexation Service Agreement 9ofIU 1 BEGINNING at a Set 1/2" Capped Iron Rod in the west line of said 34,548 acre tract, for the southwest corner of the herein described tract, from which a 3/8" iron rod found for the southwest corner of said 34.548 acre tract bears S 00°1754" E, 7.28 feet; THENCE N 00"17'54"W,40.00 feet, with the west line of said 34.548 acre tract,to a Set 1/2" Capped Iron Rod for the northwest corner of the herein described tract, from which a 3/8" iron rod found for reference bears N 00017'54" W, 9.50 feet; THENCE over and across said 34.548 acre tract, the following: 1) N 89°21'30" E, 312.51 feet, to a Set 1/2" Capped Iron Rod for the beginning of a 480,00 foot radius curve to the left; 2) 231.08 feet northeasterly, with said 480.00 foot radius curve to the left, having a chord bearing and distance of N 75°34'00" E, 228.86 feet, to a Set 1/2" Capped Iron Rod for the point of tangency of said curve; 3) N 61°46'30" E, 243.26 feet, to a Set 1/2" Capped Iron Rod for the beginning of a 420,00 foot radius curve to the right; 4) 209.37 feet northeasterly, with said 420.00 foot radius curve to the right, having a chord bearing and distance of N 76°03'20" E, 207.21 feet, to a Set 1/2" Capped Iron Rod in the east line of said 34.548 acre tract,for the northeast corner of the herein described tract; THENCE S 01002'28" E, 40.01 feet, with the east line of said 34.548 acre tract, to a 1" iron pipe found at the base of a tree, for the southeast corner of said 34.548 acre tract and the herein described tract, said point being in a 380.00 foot radius curve to the left; THENCE over and across said 34.548 acre tract, the following: 1) 190.39 feet southwesterly, with said 380.00 foot radius curve to the left, having a chord bearing and distance of S 76°07'42" W, 188.40 feet, to a Set Railroad Spike for the point of tangency of said curve; 2) S 61°46'30" W, 243.26 feet, to a Set 1/2" Capped Iron Rod for the beginning of 520.00 foot radius curve to the right; 3) 250.34 feet southwesterly, with said 520.00 foot radius curve to the right, having a chord bearing and distance of 75034'00"W, 247.93 feet, to a Set 1/2" Capped Iron Rod for the point of tangency of said curve; THENCE S 89021'30" W, 312.75 feet, to the POINT OF BEGINNING, and containing 0.915 acres, more or less. Owner-Initiated Annexation Set-vice Agreement 10 of 10 1 City of Fort Worth, Texas Mayor and Council Communication DATE: 11/08/22 M&C FILE NUMBER: M&C 22-0889 LOG NAME: 06AX-22-007 ALEDO 34—OWNER INITITATED SUBJECT (Future CD 3)Conduct Public Hearing,Authorize Execution of Municipal Services Agreement and Consider Adopting Ordinance for the Proposed Owner-Initiated Annexation of Approximately 33.625 Acres of Land in Parker County, Known as Aledo 34, Located along Old Weatherford Road, West of Walsh Drive and West of Walsh Ranch,and Approximately 0.915 Acres of Right-of-Way in the Far West Planning Sector,AX-22-007 (PUBLIC HEARING-a. Report of City Staff: Stuart Campbell; b. Public Comment;c. Council Action:Close Public Hearing and Act on M&C) RECOMMENDATION: It is recommended that the City Council: 1. Conduct public hearing for the proposed owner-initiated annexation of approximately 33.625 acres of land and approximately 0.915 acres of right-of-way in Parker County, known as the Aledo 34, located along Old Weatherford Road,west of Walsh Drive and west of Walsh Ranch, as shown on Exhibit A; 2. Authorize execution of municipal services agreement between the City of Fort Worth and property owners,Aledo WC 34, LLC;and 3. Adopt ordinance annexing AX-22-007 for full purposes. DISCUSSION: On August 1,2022, representatives for the property owners Aledo WC 34, LLC,submitted a request 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 Parker County.The site is located along Old Weatherford Road,west of Walsh Drive and west of Walsh Ranch.The owner-initiated annexation,which is approximately 33.625 acres, is consistent with the urban development annexation criteria as established by the City's Annexation Policy.The proposed annexation includes 0.915 acres of right-of-way(Old Weatherford Road)adjacent to the property. The subject area is currently agricultural and vacant land.The property owner proposes the land use to be of a residential type development which is inconsistent with the future land use map of the 2022 Comprehensive Plan. Per Subdivision Ordinance,Section 31-2(b)(1),the City Plan Commission is required to study and make a recommendation on proposals for voluntary annexations that are inconsistent with the Comprehensive Plan. On September 28,2022,the City Plan Commission voted to recommend approval of the inconsistent land uses proposed in annexation case AX-22-007. The 2022 Comprehensive Plan identifies the future land use for this site as Single-Family Residential rather than the Low-Density Residential proposed.The proposed development is compatible with current surrounding land uses, but not consistent with the future land use. The related zoning case(ZC-22-159)was initially heard by the Zoning Commission on October 12,2022.The Commission voted to recommend approval of the requested zoning district of"R2"Townhouse/Cluster.This related zoning case is on this November 08,2022 City Council agenda for consideration. The site is not currently in the City's Certificate of Convenience and Necessity(CCN), nor is it within another Utility's CCN.The City will be processing a CCN request to include it in our CCN boundary.Also,this site is identified in the City's 20-year Planned Service Area. The site will be served by Old Weatherford Road.Old Weatherford Road is currently a rural one lane street with no shoulder. Due to the substandard conditions of Old Weatherford Road the developer will be required to show,during the platting process,what improvements they will make to provide adequate access to the residents. Subchapter C-3 of Chapter 43 of the Texas Local Government Code(LGC)provides for the process of annexation of an area upon a request of an owner of land.Section 43.0672 of the LGC requires a municipality that elects to annex an area upon the request of an owner first negotiate and enter into a written agreement with the owners of land in the area for the provision of municipal services. The agreement must include: 1. A list of each service the municipality will provide on the effective date of the annexation; and 2. A schedule that includes the period within which the municipality will provide each service that is not provided on the effective date of the annexation. The municipal services agreement includes these provisions in accordance with state law. Emergency services will be provided through the City of Fort Worth.The City's Fire Department will provide emergency and fire protection services comparable with the provision of services available in other parts of the municipality with topography, land use and population density similar to be the level of service contemplated or projected in the area. Emergency medical services will be provided by City's Fire Department and MedStar or other entity engaged by the City.The City's Police Department will provide protection and law enforcement services. The proposed uses were considered while assessing the financial impact to the General Fund.A fiscal impact analysis was 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-22-007. The City Council will conduct a public hearing on the proposed annexation.The public hearing is an opportunity for persons interested in the annexation to be heard.Once the City Council has conducted the required public hearing,Council may close the hearing and vote on annexing AX- 22-007 for full purposes. If annexed,this property will become part of COUNCIL DISTRICT 3. FISCAL INFORMATION I CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached ordinance,the annexation will have a 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: Expedited