HomeMy WebLinkAboutOrdinance 25799-10-2022 (4) ORDINANCE NO. 25799-10-2022
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 297.083 ACRES
OF LAND, MORE OR LESS, OUT OF THE A. COSTELLO
SURVEY, ABSTRACT NUMBER 271 AND THE A. FERNANDES
SURVEY, ABSTRACT NUMBER 506, ALL OF TARRANT
COUNTY, TEXAS AND BEING THE REMAINDER OF TRACT 1
AND ALL OF TRACT 2 DESCRIBED IN DEED TO THE SEWELL
FAMILY PARTNERSHIP, LTD., AS RECORDED IN
CORRECTION DEED RECORDED IN COUNTY CLERK'S FILE
NUMBER D206044638, OFFICIAL PUBLIC RECORDS, TARRANT
COUNTY, TEXAS AND APPROXIMATELY 7.561 ACRES OF
LAND MORE OR LESS OF RIGHTS-OF-WAY OUT OF THE H.
MAPLES SURVEY, ABSTRACT NUMBER 1023, THE J.
COLTHORP SURVEY, ABSTRACT NUMBER 1887, THE A.
COSTELLO SURVEY, ABSTRACT NUMBER 271 AND THE A.
FERNANDEZ SURVEY, ABSTRACT NUMBER 506, ALL OF
TARRANT COUNTY, TEXAS AND BEING A PORTION OF
EXISTING LONGHORN TRAIL (AN EXISTING 60 FOOT RIGHT-
OF-WAY) TARRANT COUNTY, TEXAS (CASE NO. AX-21-017)
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
WTXS, LLC, a Delaware limited liability company, the owners, requesting the full-
purpose annexation of 297.083 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,
WTXS, LLC, a Delaware limited liability company, and the City negotiated and
entered into a written agreement, City Secretary Contract No. for the
provisions of municipal services in the area; and
WHEREAS,the Property abuts 7.561 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 August 9,
2022 at 7:00 p.m., at the City Council Chamber; and square footage in the descriptions.
WHEREAS,the City Council finds and determines that annexation of the Property
hereinafter described is in the best interest of the citizens of the City of Fort Worth and the
owners and residents of the area.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH, TEXAS:
SECTION 1.
That all portions of the Property, comprising approximately 297.083 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 H. Maples Survey, Abstract Number 1023, the J.
Leath Survey,Abstract Number 962,the A. Costello Survey,Abstract Number 271 and the
A. Fernandes Survey, Abstract Number 506, all of Tarrant County, Texas and being the
remainder of Tract 1 and all of Tract 2 described in deed to the Sewell Family Partnership,
Ltd., as recorded in Correction Deed recorded in County Clerk's File Number
D206044638, Official Public Records, Tarrant County, Texas and being more particularly
described by metes and bounds as follows:
BEGINNING at a 5/8 inch iron rod found at the northwest corner of said Sewell tract,being
found at the intersection of the existing east Right-of-Way line of W. Cleburne Road
(County Road 1035) and the south line of Lot 17, Block A, Country Corner Estates, as
recorded in Cabinet A, Slide 3991, Official Public Records, Tarrant County, Texas;
THENCE N 89029'18"E, a distance of 2832.00 feet(previously recorded as S 89°56'31"E)
along the north line of said Sewell tract and along the south line of said County Corner
Estates and then along the south line of Garden Arbors Estates, as recorded in Cabinet A,
Slide 8829,Official Public Records,Tarrant County,Texas and the along the existing south
Right-of-Way line of Cleburne Crowley Road (a variable width Right-of-Way) to a 1/2
inch iron rod with cap stamped"Pierce Murray" set;
Annexation—AX-21-017 Ordinance No.25 799-10-2022
THENCE N 89043'15"E,a distance of 2001.21 feet(previously recorded as S 89°42'34"E)
continuing along the north line of said Sewell tract and the existing south Right-of-Way
line of said Cleburne Crowley Road to a 1/2 inch iron rod with cap stamped "Pierce
Murray" set, being the northwest corner of a variable width Right-of-Way dedication as
shown on the plat of Lot 1,Block 1, Crowley CTE Addition,as recorded in County Clerk's
File Number D220085476, Official Public Records, Tarrant County, Texas;
THENCE S 00023'42"E, departing the north line of said Sewell tract, at 19.69 feet pass the
northwest corner of said Lot 1, Block 1, Crowley CTE Addition, and then along the west
line of said Lot 1, Block 1, Crowley CTE Addition a total distance of 2235.81 feet to a 5/8
inch iron rod with cap stamped "TNP" found at the southwest corner of said Lot 1, Block
1, Crowley CTE Addition, being at an "L" corner in the existing north Right-of-Way line
of Longhorn Trail (Farm to Market Road 1081)and being an angle point in the east line of
the remainder of said Sewell tract;
THENCE S 00041'59"W,a distance of 400.62 feet(previously recorded as S 01°36'31"W)
along the common line of the southeast line of said Sewell tract and said Right-of-Way line
to a 1/2 inch iron rod with cap stamped "Pierce Murray" set;
THENCE S 29031'05"W, a distance of 32.50 feet (previously recorded as S 30°00'00"W)
continuing along said common line to a 1/2 inch iron rod with cap stamped"Pierce Murray"
set;
THENCE S 59031'05"W, a distance of 33.00 feet(previously recorded as S 60000'00"W)
continuing along said common line to a 1/2 inch iron rod with cap stamped"Pierce Murray"
set;
THENCE S 89028'03"W, a distance of 1952.73 feet (previously recorded as S
89°56'58"W) continuing along said common line to a 1/2 inch iron rod with cap stamped
"Pierce Murray" set;
THENCE N 89053'51"W, a distance of 2824.34 feet (previously recorded as N
89°23'29"W) continuing along said common line to a 1/2 inch iron rod with cap stamped
"Pierce Murray" set at the intersection of the north Right-of-Way line of said Longhorn
Trail and the east Right-of-Way line of the aforementioned W. Cleburne Road and being
the southwest corner of said Sewell tract;
THENCE N 00028'39"W, a distance of 2659.52 feet (previously recorded as N
00001'55"E)along the existing east Right-of-Way line of said W. Cleburne Road returning
to the Point of Beginning and containing 12,940,921 square feet or 297.083 acres of land,
more or less.
SECTION 2.
Annexation—AX-21-017 Ordinance No.25799-10-2022
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 7.561 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.
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.
Annexation—AX-21-017 Ordinance No.25799-10-2022
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 I 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 9.
EFFECTIVE DATE
This ordinance shall be in full force and effect upon adoption.
APPROVED AS TO FORM AND LEGALITY:
.wt'�S aa721CG
Jannette S.Goodall(Oct 12,202216:44 CDT)
Melinda Ramos Jannette S. Goodall
Deputy City Attorney City Secretary
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ADOPTED AND EFFECTIVE: October 11, 2022 0�o° o����
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Annexation—AX-21-017 Ordinance No.25799-10-2022
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Annexation—AX-21-017 Ordinance No.25799-10-2022
Exhibit B
Legal Description for Road and Right-of-Way
"Portion of Longhorn Trail"
PROPOSED 7.561 ACRE RIGHT-OF-WAY PARCEL DESCRIPTION
BEING a tract of land situated in the H. Maples Survey, Abstract Number 1023, the J.
Colthorp Survey, Abstract Number 1887, the A. Costello Survey, Abstract Number 271
and the A.Fernandez Survey,Abstract Number 506,all of Tarrant County,Texas and being
a portion of existing Longhorn Trail (an existing 60 foot Right-of-Way) and being more
particularly described by metes and bounds as follows:
BEGINNING at a point located in the intersection of said Longhorn Trail and W.Cleburne
Road, said point being N 89°53'51"W, a distance of 11.71 feet from the southwest corner
of that certain tract of land described in deed to the Sewell Family Partnership, Ltd., as
recorded in County Clerk's File Number D206044638, Official Public Records, Tarrant
County, Texas;
THENCE S 89053'51"E, a distance of 11.71 to the southwest corner of said Sewell tract;
THENCE S 89053'51"E, a distance of 2824.34 feet along the south line of said Sewell
tract;
THENCE N 89028'03'E, a distance of 1952.73 feet continuing along said south line;
THENCE N 59031'05"E, a distance of 33.00 feet along the easterly line of said Sewell
tract;
THENCE N 29031'05"E, a distance of 32.50 feet continuing along said easterly line;
THENCE N 00041'59"E, a distance of 400.62 feet continuing along said easterly line to
the southwest corner of Lot 1, Block 1, Crowley CTE Addition, as recorded in County
Clerk's File Number D220085476, Official Public Records, Tarrant County, Texas;
THENCE S 89050'52"E, a distance of 60.0 feet along the south line of said Lot 1;
THENCE S 00041'59"W, a distance of 504.99 feet;
THENCE S 89036'00"W, a distance of 3021.33 feet;
THENCE West, a distance of 1070.96 feet;
THENCE N 89057'52"W,a distance of 868.19 feet to the beginning of a non-tangent curve
to the left;
Annexation—AX-21-017 Ordinance No.25799-10-2022
THENCE with said non-tangent curve,an arc distance of 98.14 feet,through a central angle
of 43'15'14", having a radius of 130.00 feet and long chord of which bears N 45°39'20"E,
95.83 feet crossing said Longhorn Trail and returning to the Point of Beginning and
containing 329,363 square feet or 7.561 acres of land, more or less.
THIS DESCRIPTION WAS PREPARED UNDER 22 TEXAS ADMINISTRATIVE CODE
§138.95, DOES NOT REFLECT THE RESULTS OF AN ON THE GROUND SURVEY,
AND IS NOT TO BE USED TO CONVEY OR ESTABLISH INTERESTS IN REAL
PROPERTY EXCEPT THOSE RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED
BY THE CREATION OR RECONFIGURATION OF THE BOUNDARY OF THE
POLITICAL SUBDIVISION FOR WHICH IT WAS PREPARED."
Annexation—AX-21-017 Ordinance No.25799-10-2022
Exhibit C
Map of Road and Right-of-Way
"Portion of Longhorn Trail"
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Annexation—AX-21-017 Ordinance No.25799-10-2022
Exhibit D
Municipal Services Agreement
Annexation—AX-21-017 Ordinance No.25799-10-2022
CSC No. 58339
MUNICIPAL SERVICES AGREEMENT
BETWEEN THE CITY OF FORT WORTH,TEXAS
AND WI'XS, LLC
This Municipal Services Agreement ('Agreement") is entered into on iith day of
October , 2022 by and between the City of Fort Worth, Texas, a home-rule
rnmicipality of the State of Texas, ("City") and WTXS, LLC, a Delaware limited liability
company, on behalf of itself is its capacity as owner and on behalf of all other owners in
its capacity as manager, operator or anent, as applicable ("Owner's.
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 Tarrant County,
Texas, which consists of approximately 297.083 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 fled a written request with the City for f&purpose annexation
of the Property, identified as Annexation CaseNo. AX-21-017 ('Annexation Case';
WHEREAS, City and Owner desire to set out the City services to be provided for the
Property on or after the effective date of annexation;
WHEREAS,the Annexation Case and execution of this Agreement are subject to approval
by the Fort Worth City Council;'and
NOW THEREFORE, in exchange for the mutual covenants, conditions and promises
contained herein, City and Owner agree as follows:
1. PROPERTY. This Agreement is only applicable to the Property, which is the subject of the
Annexation Case.
2. INTENT. It is the intent of the City that this Agreement provide for the delivery of full,
available municipal services to the Property in accordance with state law, which may be
accomplished through any means permitted by law. For purposes of this Agreement, "full
municipal services" means all services provided by the City within its full-purpose
OFFICIAL RECORD
CITY SECRETARY
Owner-Initiated Annexation Smice Agimnent FT.WORTH,Tx 100
boundaries, including water and wastewater services and excluding gas or electrical service.
3. MUNICIPAL SERVICES.
a. Commencing on the Effective Date, the City will provide the municipal services
set forth below. As used in this Agreement, "providing services" includes having
services provided by any method or means by which the City may extend municipal
services to any other area of the City, including the Ciws 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 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 sigmge
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
Owner-initiated Annexation Service Agnement 2 af9
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
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.
A. 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.
G. 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
Owner-Initiated Annexation Service Agreement 3 of9
bargaining power and that each of them was represented by legal counsel in the negotiation
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 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 an 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 Agrwnwt 4 of9
CITY OF FORT WORTH WTXS, LLC,a Delaware limited
liability company, on behalf of itself in
its capacity as owner and on behalf
of all other owners in its capacity as
manager, operator
or agent,as applicable
By: Wahon International Group (USA),Inc.,
Name: Dana Burghdoff an Arizona corporation
Title: Assistant City Manager Its: Sole member and Manager
Approved as to Form and Legality: By.
Name: 1 L. �
Name: Melinda Ramos Title:
Senior Assistant City Attorney
Attest: OR
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Ordinance No.25TW10-2022
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
Owner-Initiated Annexation Service Agroemenl 5 01`9
State of Texas §
County of Tarrant §
This instrument was acknowledged before me on the 29 day of November ,2022
by Dana Surghdoff ,Assistant City Manager of the City of Fort Worth, a Texas
municipal coxpppoo n.
' fration, on behalf of said corporation
By.sd.iow79,A-i+sticsn
Notary-Publiie, State of Texas SELENA ALA
Notary Public
STATE OF TEXAS
Notary I.D.132=5M
OFMyComm. .Mv.31 2024
State of t-t�(A §
County of 4dAsbR14-§
This instrument was acknowledged before me on the��day of 20A
by David Peter,Authorized S' natory of on behalf of said VMS, a Delaware Ignited liability
company,
Br cA', agULDINt vALorAn+O
f Notuy Pubuc•State of Fbrlda
Notary Public, State of u tommisslon M 44832
24
o My Comm.N pf S onalHotary Assn.
'BIanA�d tNa11►t
After Recording Retum to:
City Secretary
City of Fort Worth
200 Texas Street `
Fort Worth, Texas 76102
Ownw-Initiated Annation Savice Ag=ntnd 6 of9
EXHIBIT A
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Owner-Initiated Annexation Service Agreement 7 of9
Exhibit A
Continued
PROPERTY DESCRIPTION
BEING a tract of land situated In the H.Maples Survey,Abstract Number 1023,the J.Leath Survey,
Abstract Number 962,the A.Costello Survey,Abstract Number 271 and the A.Fernandes Survey,
Abstract Number 506,all of Tarrant County,Texas and being the remainder of Tract 1 and all of Tract 2
described in deed to the Sewell Family Partnership,Ltd.,as recorded In Correction Deed recorded In
County Clerk's Fite Number D206044638,Official Public Records,Tarrant County,Texas and being more
particularly described by metes and bounds as follows;
BEGINNING at a 5/81nch Iron rod found at the northwest corner of said Sewell tract,being found at the
Intersection of the existing east Right-Df-Way line of W.Cleburne Road(County Road 1035)and the
south line of Lot 17,Block A,Country Corner Estates,as recorded in Cabinet A,Slide 3991,Official Public
Records,Tarrant County,Texas;
THENCE N 89'29'18"E,a distance of 2832.00 feet(previously recorded as 5 89'56'31"E)along the north
line of said Sewell tract and along the south line of said County Corner Estates and then along the south
line of Garden Arbors Estates,as recorded in Cabinet A,Slide 8829,Official Public Records,Tarrant
County,Texas and the along the existing south Right-of-Way line of Cleburne Crowley Road(County
Road 1082,a variable width Right-of-Way)to a 1/2 Inch iron rod with cap stamped"Pierce Murray"set;
THENCE N 89°43'15"E,a distance of 2001.21 feet(previously recorded as S 89'42'34E)continuing along
the north line of said Sewell tract and the existing south Right-of-Way line of said Cleburne Crowley
Road to a 1/21nch Iron rod with cap stamped"Pierce Murray"set,being the northwest comer of a
variable width Right-of-Way dedication as shown on the plat of Lot 1,Block 1,Crowley CTE Addition,as
recorded in County Clerk's File Number D220085476,Official Public Records,Tarrant County,Texas;
THENCE S 00'23'42"E,departing the north fine of said Sewell tract,at 19.69 feet pass the northwest
comer of said Lot 1,Block 1,Crowley CTE Addition,an then along the west line of said Lot 1,Block 1,
Crowley CiE Addition a total distance of 2235.81 feet to a 5181nch iron rod with cap stamped"TNP"
found at the southwest corner of said Lot 1,Block 1,Crowley CTE Addition,being at an'L"tamer In the
existing north Right-of-Way line of Longhorn Trail(Farm to Market Road 1081)and being an angle point
in the east line of the remainder of said Sewell tract;
THENCE S 00'41'59"W,a distance of 400,62 feet(previously recorded as S 01'36'31"W)along the
common line of the southeast line of said Sewell tract and said Right-of-Way line to a 1/2 Inch Iron rod
with cap stamped"Pierce Murray"set;
THENCE S 29°31'05"W,a distance of 32.50 feet(previously recorded as S 30'00'00"W)continuing along
said common line to a 1/2 inch Iron rod with cap stamped"Pierce Murray"set;
THENCE S 59°31'05"W,a distance of 33.00 feet(previously recorded as S 60°0(YQ0"W)Continuing along
said common line to a 1/2 Inch iron rod with cap stamped'Pierce Murray"set;
THENCE 5 89'28'03'W,a distance of 1952.73 feet(previously recorded as S 89°56'58"W)continuing
along said common line to a 1/2 Inch iron rod with cap stamped"Pierce Murray"set;
THENCE N 89'53'51"W,a distance of 2824.34 feet(previously recorded as N 89'23'29W)continuing
along said common line to a 1/2 Inch iron rod with cap stamped"Pierce Murray"set at the intersection
Owner-IniliWA Annexation Service Agreement 8 of9
Exhibit A
Continued
of the north Right-of-Way line of said Longhorn Trail and the east Right-of-Way line of the
aforementioned W.Cleburne Road and being the southwest corner of said Sewell tract;
THENCE N 00"28'39"W,a distance of 2659.52 feet(previously recorded as N 00*01'55"E)along the
existing east Right-of-Way line of said W.Cleburne Road returning to the Point of Beginning and
containing 12,940,921 square feet or 297.083 acres of land,more or less.
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Owner-initiated Annexation Service Agreement 9 ot`9
City of Fort Worth,Texas
Mayor and Council Communication
DATE: 10/1122 MSC FILE NUMBER: MSC 22-0810
LOG NAME: 08AX-21-017 SEWELL TRACT—OWNER INITITATED
SUBJECT
(Future CD 6)Conduct Public Hearing,Authorize Execution of Municipal Services Agreement and Consider Adopting Ordinance for the Proposed
Owner-Initiated Annexation of Approximately 297.083 Acres of Land in Tarrant County,Known as the Sewell Tract, Located at the Northeast
Comer of West Cleburne Road and Longhorn Trail and is South or Cleburne Crowley Road,and Approximately 7.561 Acres or Right-of Way in the
Far South Planning Sector,AX-21-017
(PUBLIC HEARING-a.Report of City Staff Stuart Campbell;b.Public Comment;c.Council Action:Close Public Hearing and Act on MSC)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct public hearing for the proposed owner-initiated annexation or approximately 297.083 acres of land and approximately 7.561 acres
of right-of-way in Tarrant County,known as the Sewell Tract,located at the northeast comer of West Cleburne Road and Longhorn Trail and is
south of Cleburne Crowley Road,as shown on Exhibit A;
2. Authorize execution of municipal services agreement between the City of Fort Worth and property owners,WTXS,LLC,a Delaware limited
liability company;and
3. Adopt ordinance annexing AX-21-017 for full purposes.
DISCUSSION:
On April 26,2022,representatives for the property owners WTXS,LL,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
Tarrant County.The site is located at the northeast comer of West Cleburne Road and Longhorn Trail and is south of Cleburne Crowley Road.The
owner-initiated annexation,which is approximately 297.083 acres,is consistent with the urban development annexation criteria as established by
the City's Annexation Policy.The proposed annexation includes 7.561 acres of right-of-way(Longhorn Trail)adjacent to the property.
The subject area is currently agricultural land.The property owner's propose land uses or residential and commercial development are 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 14,2022,the City Plan Commission voted to not recommend approval of the inconsistent land uses proposed in the annexation case.
The related zoning case(ZC-22-001)was initially heard by the Zoning Commission on August 10,2022 and continued to the September 14,2022
Zoning Commission meeting.This related zoning case is on this October 11,2022 City Council agenda for consideration.
The Sewell Tract Preliminary Plat(PP-224)50)has been submitted for review and is pending the acceptance of the water study.
The site is not currently in the City's Certificate of Convenience and Necessity(CCN),and the City will be processing a CCN request to include It In
our CCN boundary.The CCN for this site was recently released from the Johnson County Special Utility District's(SUD)CCN.This site is
identified in the City's 20-year Planned Service Area.
The site will be served by Hulen Street,Old Cleburne Road and Longhorn Trail. Old Cleburne Crowley Road is cumu*a rural one lane street with
no shoulder. Longhorn Trail is an existing one lane road that is not on the Master Thoroughfare Plan.Due to the substandard conditions of
Cleburne Road and Longhorn Trail the developer will be required to show what improvements they will make to provide adequate access to the
residents.
Hulen Street runs through their site and is listed in the Master Thoroughfare Plan as a Neighborhood Connector. The developer will be required to
build Hulen Street to West Cleburne Crowley Road. The subdivision to the north has a preliminary plat that includes connecting Hulen Street from
West Clebume Crowley Road to the existing Hulen Street to the north.Once that connection is made Hulen Street will serve as the primary access
pant for residents and Longhorn Trail will be the primary route to the local schools.
Upon annexation,the development will be added to the Transportation Impact Fee Service Area Y and will be subject to the Transportation Impact
Fee Ordinance. The development will receive transportation impact fee credit for the dedication and construction of Cleburne Road as it is listed
as a roadway on the City's Master Thoroughfare Plan. Dedication and construction of Cleburne Road will add necessary regional mobility for the
City. The collection rate for the service area will be dependent upon the date of the final plat recordation.
Once the developer fulfills their roughly proportionate improvements to Hulen Street,Longhorn Trail,Old Cleburne Crowley Road and the Capital
Improvement Projects are complete there will be adequate roadways to serve the subdivision. Also,the City has recently approved other
preliminary plats in the surrounding area. It is anticipated that because of additional roadway improvements done by adjacent and nearby
developers that roadway conditions will be adequate to serve this and other proposed developments in the area.
Subchapter C-0 of Chapter 43 of the Texas Local Govemment 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 reco emends
approval of the requested owner-initiated annexation,AX-21-017.
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 dose the hearing and vote on annexing AX-
21-017 for full purposes.
If annexed,this property will become part of COUNCIL DISTRICT 6.
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: Stuart Campbell 2412
Annexation - Sewell Tract Exhibit
Addition of approximately 297.083 Acres to become part of Council District 6
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Planning&Development Department
DESIGNATION 07/06/2022
1:14,400
Full Purpose Adjacent Cities
Limited Purpose
Purp �County Boundaries COPYRIGHT 2022 CITY OF FORT WORTH UNAUTHORIZED REPRODUCTION IS A
® 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 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.
Owner Initiated Annexation Request
(AX-21-017)
Sewell Tract
(Approx. 297.41 Acres)
Staff Report on the Fiscal Impact
Prepared for the City Council
August 9th, 2022
Existing Conditions
a. Approximately 297.41 acres of land in Tarrant County, located east of West Cleburne
Road, north of Longhorn Trail and south of West Cleburne Crowley Road
b. Owner-Initiated annexation request
c. Identified in 2021 Comprehensive Plan as Single-Family Residential,Neighborhood
Commercial, and Institutional
d. Currently agricultural land-proposed for primarily single-family residential with limited
commercial development
e. Concept Plan—None on file
f. Preliminary Plat—None on file
g. Final Plat—None on file
h. Crowley ISD
i. Proposed for Council District 6
j. Far Southwest Planning Sector
Possible Revenue
Existing condition -vacant land
o Current Tax Roll Value is approximately $ 223.04. There are currently six
agricultural tax exemptions included within this site.
o Estimated Future City Property Tax amount is $ 1,494,670 in cumulative revenue
over the next ten years after the proposed development is built.
Transportation Impact Fees:
o The project is adjacent to Transportation Impact Fee Service Area Y
o The project will be added to a Transportation Impact Fee Service Area with the
update to the Transportation Impact Fee Study in 2022.
o Right-of-way dedication and/or construction of McCart Boulevard will be eligible
for Transportation Impact Fee Credit upon recordation of the final plat and/or
acceptance by the city.
Environmental Protection Fund Fees:
o Based on current development, annual revenue from the Environmental Protection Fee is
estimated at$126 per year.
o After the proposed development is complete,revenue from the Environmental Protection
Fee is estimated at$8,556 per year.
Water/Wastewater Projected Cumulative Revenues:
5 YEARS 10 YEARS 15 YEARS 20 YEARS 40 YEARS
RETAIL $2,791,776 $5,720,219 $8,798,043 $12,032,867 $26,708,586
SERVICE
Expenditures / Services
Police:
• Patrol of the area will be added to PRA D270 in Beat J18 in South Division.
• Police services will be extended utilizing existing personnel at the date of annexation.
The Police Department conducted an analysis of call demand for the annexation area.
The 2021 Comprehensive Plan identifies this area as Single-Family Residential,
Institutional and Neighborhood Commercial. The Police Department estimates the call
activity upon annexation should be low. Once the property is fully developed, call load is
estimated to be between 280 to 300 calls a year. Based upon an average cost per call of
$550, the average annual cost of service is estimated to be $154,000 to $165,000.
• The Police Department has projected demand for service based on the best information
currently available. Future workload is highly dependent on the expected uses, density
level, transportation infrastructure, and timing of development.
Fire:
• Fire and EMS first responder services will be dispatched from existing Fire Station 36,
located at 5045 Columbus Trail, to the proposed annexation. Current Fire Department
response time goal is to arrive on the scene of emergencies within five minutes from the
time of dispatch at least 75% of the time. Based on the existing fire stations located close
to this proposed annexation area, the Fire Department will not be able to meet this
response time goal. The Fire Department plans to build a new fire station (Station 46 at
Stewart Feltz Rd/Brewer Blvd) in the vicinity of this annexation. The estimated year of
completion is 2028. The new station's estimated response time to the annexation will be
9.3 minutes, so the building of the new fire station will not affect the Fire Department's
ability to meet its response time goal.
• 2021 produced 8 incidents in the sparsely developed area within one-half mile of the
proposed annexation (not including the area of the proposed annexation itself). Based on
a comparison of the sparsely developed area of the buffer to the area of the annexation,
the estimated annual count of incidents in the proposed annexation area is currently 2.
• The estimated cost of an additional incident is $968. Multiplied by 2 incidents, the total
additional annual cost of responding to the annexation is estimated to currently be
$1,936. However, once the area becomes more developed or if zoning for the area
changes,this number will need to be adjusted.
• Basic Life Support (BLS)emergency medical services by existing personnel and
equipment of the Fort Worth Fire Department will be provided to the annexation area
commencing on the effective date of the annexation. The Fort Worth Fire Department
serves as the first responder on life threatening medical emergencies as a part of the
MedStar system. All Fort Worth Fire Department personnel are certified as Emergency
Medical Technician basic level or higher. All engines, trucks, and rescue units carry
Automated External Defibrillators for use with victims who are in cardiac arrest.
• Current Estimated Response Criteria to the Proposed Annexation Area:
• These estimated response times were calculated using GIS software; traffic
congestion, road conditions, time of day, and weather conditions have not been
factored in.
FIRE STATION ESTIMATED
RESPONSE TIME
Fire Station 36
1st Due Company 10.3 minutes
5045 Columbus Trl
Fire Station 42
2nd Due Company 11.1 minutes
450 E Rendon Crowley Rd
Fire Station 39
3 d Due Company 13.5 minutes
7655 Oakmont Blvd
Fire Station 26
4tn Due Company 13.7 minutes
6124 S Hulen St
Fire Station 42
1st Aerial 11.1 minutes
450 E Rendon Crowley Rd
EMS:
• Advanced Life Support EMS response is provided by MedStar. MedStar's current average
citywide response time for high priority EMS calls is 8:07, with 84.2% of their calls
receiving a response time of under 11 minutes.
• MedStar has an ambulance staging location at 7800 Summer Creek Drive, approximately 3.1
miles from the proposed annexation property, A backup staging location is located at 140
McPherson Drive, approximately 7.3 miles from the proposed annexation property
Public Safety Radio Communications:
• Predictive analysis indicates that public safety radio coverage meets the City's standard
requirements for approximately 84% of the proposed area.
• Cumulative development in the area will result in the need to expand coverage for the area.
Roads and Streets:
• The site will be served initially by West Cleburne Crowley Road along the northern
boundary of the property, which is identified as a four-lane divided Neighborhood Connector
on the City's Master Thoroughfare Plan with a 110-foot wide right-of-way and sidewalks on
both sides of the street. However, the existing conditions are a rural one lane street with no
shoulder. Therefore, significant street improvements will be required to adequately serve this
project. If the Sewell Tract is annexed, consideration should be given to extending West
Cleburne Crowley Road further westward along the north property line of the proposed
annexation to facilitate a more direct connection to nearby Tarleton State University and
future Chisholm Trail Parkway development. (P&DA comment)
• The site will also be served by Cleburne Road which shown on the City's Master
Thoroughfare Plan as a Neighborhood Connector with 2 lanes on each side a sidewalk(110).
The existing conditions are a rural one lane street with no shoulder. Improvements will be
required to adequately serve this project.
• Longhorn Trail is an existing one lane road that is not on the Master Thoroughfare Plan.
• At this time there are no plans by the City to improve Longhorn Trail and West Cleburne
Crowley Road will be improved with development.
• Due to the substandard conditions of Cleburne Road and Longhorn Trail the developer will
be required to show what improvements they will make to provide adequate access to the
residents.
• Cleburne Road and Longhorn Trail will require maintenance as traffic increases due to the
cumulative development in Southern Tarrant County. The City will assume maintenance
responsibility and will need to add these roads to the Capital Improvement Plan.
• Upon annexation, the development will be added to the Transportation Impact Fee Service
Area Y and will be subject to the Transportation Impact Fee Ordinance.
• The development will receive transportation impact fee credit for the dedication and
construction of West Cleburne Crowley Road as it is listed as a roadway on the City's Master
Thoroughfare Plan and the dedication and construction is adding necessary regional mobility
for the city.
• The collection rate for the service area will be dependent upon the date of the final plat
recordation.
Code Compliance:
• This 297.41-acre tract will be added to Code Compliance Field Operations— South District
Office. State and City environmental laws and regulations relating to improper chemical disposal, air
quality, stormwater quality, petroleum storage tanks, land disturbance,and water quality will be
enforced by existing staff in the Environmental Quality division/
• Grading permits will be required for new development in the subject area. Environmental Quality
staff will review permit applications and inspect construction sites for compliance with permit
conditions and environmental regulations throughout development.
• If the site is developed as proposed in the annexation application,the fiscal impact is estimated as:
5 Yr 10 Yr 15 Yr 20 Yr
Estimated Hours 146 174 201 228
Grading Permit 119 119 119 119
Water Quality 10 20 30 40
Air Quality 17 35 52 70
Note: Calls include time spent on inspections,plan reviews, permit issuance,telephone,and
travel. Estimated Costs include salaries,vehicle operating expenses,and inflation.
Total Estimated Cost $7,316 $9,141 $10,966 $12,790
Grading Permit $5,763 $5,763 $5,763 $5,763
Water Quality $564 $1,226 $1,889 $2,552
Air Quality $989 $2,151 $3,314 $4,476
Parks/Forestry:
• PARD-Planning: The Neighborhood and Community Park Dedication Policy will apply and
there will be a Neighborhood Parkland dedication associated with this development of a
minimum of 11.6513 aces which should be split into two park areas. Community Parkland
will be a fee in lieu unless the developer is able to dedicate a 30+ac parcel of land.
• PARD-Forestry: Addition of the proposed property would result in an annual maintenance
cost of$2,413.00 for hazard abatement pruning and/or removal of right-of-way trees. Any
tree removal,planting or pruning of trees within the right-of-way would require PARD-
Forestry approval.
• PARD-Operations (Citywide Mowing): Current conditions would result in an annual
maintenance cost of$10,480.00 annually.
Library:
• If this area is annexed,the nearest Fort Worth Library locations currently in operation are the
Wedgwood Branch Library which is within 9.9 miles and the Southwest Regional Library
which is within 9.3 miles. The Wedgwood Branch Library is located at 3816 Kimberly Lane
which is two blocks south of I-20/SW Loop 820 off of Trail Lake Drive. Southwest Regional
Library is located at 4001 Library Lane which is at the corner of Library Lane and South
Hulen Street.
• The Wedgwood Branch and Southwest Regional Libraries will need ongoing and life cycle
maintenance within 10 years.
Gas Wells:
• If a gas well pad site is annexed into the City, the operator of the site has 45 days from the
date of annexation to apply for a Multiple Gas Well Pad Site Permit. Per the Texas Railroad
Commission website, there is one gas well pad site with two active wells within the proposed
annexation belonging Bedrock Productions, LLC. The annexation of the gas well pad site
will generate a$600 per well annual fee.
Solid Waste/Environmental:
• Service to single-family residential units in this annexation area would be provided through
the existing City residential solid waste contract. Customers would pay monthly charges
through their water bill that cover the direct and indirect costs of these services.
• For any commercial use, solid waste services will be provided by private solid waste service
providers and not the city. Private solid waste collection providers must have an active Grant
of Privilege issued by the City of Fort Worth to provide service within the city limits.
Open Space Conservation
• Based on the City's Open Space Conservation Program planning tool, no high priority areas
for open space conservation have been identified in this area.
Stormwater Management (Drainage):
• The existing drainage infrastructure in the area is limited. Existing flooding conditions would
remain unchanged for the foreseeable future. The owner/developer will be responsible for
meeting with Development Services to discuss their plans, obtain any needed permits and
mitigate development impacts in compliance with Stormwater Criteria. Retaining the natural
riparian buffer along the existing channel that crosses through the property is strongly
encouraged to mitigate channel erosion and provide opportunities for recreation and
ecosystem services that could bring value to the future development.
• This area will be included in the City's Stormwater Utility service area. Properties in this
area will be assessed a monthly fee based on the amount of impervious surface. The fees will
cover or offset the direct and indirect costs of stormwater management services, including
routine maintenance of public drainage facilities. Any drainage deficiencies that are brought
to the City's attention will be added to the City's maintenance and/or capital needs list and
will be prioritized and funded according to priority as funds become available.
• All stormwater facilities in new developments will be at the developer's cost, with size and
configuration based upon the drainage study provided by the developer's engineer. Any City
participation on stormwater facilities will be in accordance with the "Installation Policy of
Community Facilities". City participation is contingent upon resources considering citywide
needs and priorities.
• The Stormwater Management Division prioritizes planning, projects, and maintenance
activities to protect people and property from harmful stormwater runoff based on Citywide
needs and considering the availability of funding.No detailed stormwater planning has been
undertaken for this specific annexation area and no capital projects have been identified.
Any flooding problems that exist are likely to persist for the foreseeable future and if needed,
maintenance and potential flood mitigation projects will be prioritized and compete for
limited funding based on Citywide needs.
• Based on high level planning evaluation, current road overtopping may be happening from
the channel near the annexation area along West Cleburne Crowley Road, as well as
Longhorn Trail. The existing flooding condition should be considered as development
expands into this area.
• Since the area is mostly undeveloped and proposed for Single-Family Residential,
Institutional and Neighborhood Commercial land use, future stormwater maintenance needs
are expected to be low since the new development would meet have to comply with the
Stormwater Criteria Manual as the application goes through stormwater development
services. Since the development and potential public infrastructure will be new, it is
expected that stormwater maintenance needs will be low in the near term. However,
maintenance needs will increase over time.
• Flooding or stormwater maintenance concerns should be reported to Stormwater Customer
Service at 817-392-8100 so the City can consider concerns when identifying and prioritizing
planning, capital projects, and maintenance efforts.
Water and Wastewater:
• The annexation area has been released from the Johnson County SUD water CCN. Fort
Worth Water Department requests that the applicant submit a letter of support to connect to
CFW infrastructure to submit to the PUC in a future CFW Water CCN boundary adjustment.
The annexation lies in both the Southside III and Southside IV pressure planes. There is an
active water study, going through the review process, for the development within the
annexation area.
o Southside III areas: There is an existing 12-inch SS3 approximately 500 linear feet
east of the northeast corner of the site, and there is also an existing 12-inch SS3 water
line approximately 900 linear feet east of the southeast corner of the subject site.
Development is reliant upon capacity from the existing 36-inch SS3 water
transmission main east of the subject site. This will require approximately 1,800
linear feet of offsite extension as well as 6,100 linear feet of extension along and
through the development to the southwest corner of the annexation area for regional
use. Anticipate Water Department cost participation to upsize this SS3 extension.
o Southside IV areas: Currently no SS4 lines have been constructed at the Sun Country
Elevated Storage Tank site. This development will need to extend approximately
6,600 linear feet of offsite SS4 water line, with City cost participation to oversize, to
the northwest corner of the development. Will need to continue said SS4 water line
along western annexation boundary for approximately 3,500 linear feet, with
continued City cost participation to oversize, for regional use. Any buildings at
finished floor above 860.0 elevation must be served from Southside IV.
o There is an existing 36-inch sanitary sewer collector main approximately 2,400 linear
feet north of the annexation area. Development currently has an accepted sewer
study.
• The following pro rata charges may apply to this annexation
0 36-inch SS3 Burleson to Shannon Creek water main capacity charge. Cost per MGD
to be determined.
o Crowley Relief M-325 Part 1 and 2 Sewer Per Acre Charge. Cost per acre=$423.42
o Southfork Estates 36-inch Sewer Per Acre Charge. Cost per acre= $21.97
o Rock Creek TSU 36-inch Sewer Per Acre Charge. Cost per acre= $105.01
• As of June 2019,all pro rata charges subject to 2%compound annual inflation cost to be
established January 1 of the following year per Ordinance 23708-06-2019
• No final plat or replat for new development shall be approved within the benefit area for
recording without assessment of a water and/or sewer impact fee. No building permit shall
be issued nor shall any utility connection be made until the applicant has paid the water
and/or sewer impact fee.
• In the event that the annexation area is subdivided in the future,public sewer main extensions
will be required along frontage of the subdivided lots.
• Future water connections within the annexation area are required to install private pressure
reducing valve since pressure exceeds 80 psi. Existing water well(s) can be used for
irrigation;however, need to avoid cross connections between well and portable water and
install backflow preventer after public water meter to be installed to avoid cross
contamination with the domestic (City) service. If fire line is needed, install backflow
preventer at property line.
• In order to serve future regional needs, the Water Department will cost participate with an
estimated $3,000,000 during the extension of the SS3 and SS4 mains for oversizing.
Projected Revenues:
5 Years 10 Years 15 Years 20 Years 40 Years
Retail Service 1 $2,791,776 $5,720,219 $8,798,043 $12,032,867 $26,708,586
Summary
The owner-initiated annexation the Sewell Tract (AX-21-017) has no related Preliminary Plat or
Concept Plan on file. Though the site is currently vacant land,the applicant has proposed the area
to be developed for primarily single-family residential and limited commercial development.
Proposed uses were considered while assessing the financial impact to the General Fund. The
Tarrant County Appraisal District currently shows the site as having six agricultural tax-
exemptions and produces tax revenue of approximately$223.04 annually.Additional revenues to
the City will include retail service from water/wastewater, environmental impact fees, and
transportation impact fees if the property is annexed.
The City tax revenue is expected to increase to a cumulative total of$ 1,494,670 over the next ten
years after the proposed development is built. Annually, the development will generate $631,042.
However,service and infrastructure costs will increase over time as additional development occurs
and as infrastructure ages and needs maintenance and eventual replacement of infrastructure will
be necessary. Depending on the development's tax generation over time, the annual revenue
needed to maintain infrastructure and services to the development may be strained or may not be
sufficient to cover costs associated with the development.
Future costs to the City of Fort Worth include:
• Maintenance and eventual improvements to Longhorn Trail, Cleburne Road, West
Cleburne Crowly Road, and other public streets within the development.
• Expanding public safety radio coverage
• Mowing, forestry, and operational costs for parkland
• Library, Code Compliance,Police,Fire, and EMS services
■ Existing and proposed fire stations will not be able to meet the City's
response time goal. In order to meet the desired response time, a new fire
station would need to be constructed closer to the site than is currently
planned.
■ While a new fire station is currently being constructed that will reduce the
response time, it is not projected to meet the response time goal once
complete.
• Water Department will extend service through cost participation.
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 10/11/22 M&C FILE NUMBER: M&C 22-0810
LOG NAME: 06AX-21-017 SEWELL TRACT—OWNER INITITATED
SUBJECT
(Future CD 6) Conduct Public Hearing,Authorize Execution of Municipal Services Agreement and Consider Adopting Ordinance for the Proposed
Owner-Initiated Annexation of Approximately 297.083 Acres of Land in Tarrant County, Known as the Sewell Tract, Located at the Northeast
Corner of West Cleburne Road and Longhorn Trail and is South of Cleburne Crowley Road,and Approximately 7.561 Acres of Right-of-Way in the
Far South Planning Sector,AX-21-017
(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 297.083 acres of land and approximately 7.561 acres
of right-of-way in Tarrant County,known as the Sewell Tract,located at the northeast corner of West Cleburne Road and Longhorn Trail and is
south of Cleburne Crowley Road,as shown on Exhibit A;
2. Authorize execution of municipal services agreement between the City of Fort Worth and property owners,WTXS, LLC,a Delaware limited
liability company;and
3. Adopt ordinance annexing AX-21-017 for full purposes.
DISCUSSION:
On April 26,2022,representatives for the property owners WTXS, LL, 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
Tarrant County.The site is located at the northeast corner of West Cleburne Road and Longhorn Trail and is south of Cleburne Crowley Road.The
owner-initiated annexation,which is approximately 297.083 acres, is consistent with the urban development annexation criteria as established by
the City's Annexation Policy.The proposed annexation includes 7.561 acres of right-of-way(Longhorn Trail)adjacent to the property.
The subject area is currently agricultural land.The property owner's propose land uses of residential and commercial development are 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 14,2022,the City Plan Commission voted to not recommend approval of the inconsistent land uses proposed in the annexation case.
The related zoning case(ZC-22-001)was initially heard by the Zoning Commission on August 10,2022 and continued to the September 14,2022
Zoning Commission meeting.This related zoning case is on this October 11,2022 City Council agenda for consideration.
The Sewell Tract Preliminary Plat(PP-22-050)has been submitted for review and is pending the acceptance of the water study.
The site is not currently in the City's Certificate of Convenience and Necessity(CCN),and the City will be processing a CCN request to include it in
our CCN boundary.The CCN for this site was recently released from the Johnson County Special Utility District's(SLID)CCN.This site is
identified in the City's 20-year Planned Service Area.
The site will be served by Hulen Street, Old Cleburne Road and Longhorn Trail. Old Cleburne Crowley Road is currently a rural one lane street with
no shoulder. Longhorn Trail is an existing one lane road that is not on the Master Thoroughfare Plan. Due to the substandard conditions of
Cleburne Road and Longhorn Trail the developer will be required to show what improvements they will make to provide adequate access to the
residents.
Hulen Street runs through their site and is listed in the Master Thoroughfare Plan as a Neighborhood Connector. The developer will be required to
build Hulen Street to West Cleburne Crowley Road. The subdivision to the north has a preliminary plat that includes connecting Hulen Street from
West Cleburne Crowley Road to the existing Hulen Street to the north.Once that connection is made Hulen Street will serve as the primary access
point for residents and Longhorn Trail will be the primary route to the local schools.
Upon annexation,the development will be added to the Transportation Impact Fee Service Area Y and will be subject to the Transportation Impact
Fee Ordinance. The development will receive transportation impact fee credit for the dedication and construction of Cleburne Road as it is listed
as a roadway on the City's Master Thoroughfare Plan. Dedication and construction of Cleburne Road will add necessary regional mobility for the
City. The collection rate for the service area will be dependent upon the date of the final plat recordation.
Once the developer fulfills their roughly proportionate improvements to Hulen Street, Longhorn Trail,Old Cleburne Crowley Road and the Capital
Improvement Projects are complete there will be adequate roadways to serve the subdivision. Also,the City has recently approved other
preliminary plats in the surrounding area. It is anticipated that because of additional roadway improvements done by adjacent and nearby
developers that roadway conditions will be adequate to serve this and other proposed developments in the area.
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-21-017.
The City Council will conduct a public hearing on the proposed annexation.The public hearing is an opportunity for persons interested in the
annexation to be heard.Once the City Council has conducted the required public hearing,Council may close the hearing and vote on annexing AX-
21-017 for full purposes.
If annexed,this property will become part of COUNCIL DISTRICT 6.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached ordinance,the annexation will
have a long-term positive impact to the General Fund.
Submitted for City Manager's Office by: Dana Burghdoff 8018
Originating Business Unit Head: D.J. Harrell 8032
Additional Information Contact: Stuart Campbell 2412