HomeMy WebLinkAboutOrdinance 26625-12-2023 ORDINANCE NO. 26625-12-2023
AN ORDINANCE DECLARING CERTAIN FINDINGS; PROVIDING
FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE
CITY OF FORT WORTH; PROVIDING FOR THE ANNEXATION OF
AN APPROXIMATELY 0.395 ACRES OF LAND SITUATED IN THE
JOHN KORTICKY SURVEY,ABSTRACT NO.914,THE WILLIAM H.
COLTHARP SURVEY, ABSTRACT NO. 286 AND THE MOSES
WALTERS SURVEY, ABSTRACT NO. 1598; SAID TRACT BEING A
PORTION OF COUNTY ROAD 1035,COMMONLY KNOWN AS WEST
CLEBURNE ROAD, BEING A VARIABLE-WIDTH RIGHT-OF-WAY,
SAID TRACT ALSO BEING A PORTION OF THAT CERTAIN 36.291
ACRE TRACT OF LAND CONVEYED TO CROWLEY INDEPENDENT
SCHOOL DISTRICT AND DESCRIBED IN INSTRUMENT NO.
!
D207416955 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT
COUNTY,TEXAS,SAID TRACT ALSO BEING A PORTION OF THAT
CERTAIN 10.18 ACRE TRACT OF LAND CONVEYED TO TEXAS
ELECTRIC SERVICE COMPANY AND DESCRIBED IN VOLUME
3564, PAGE 577 OF THE DEED RECORDS OF TARRANT COUNTY,
TEXAS (CASE NO. AX-23-006) WHICH SAID TERRITORY LIES
ADJACENT TO AND ADJOINS THE PRESENT CORPORATE
BOUNDARY LIMITS OF FORT WORTH,TEXAS;PROVIDING THAT
THE TERRITORY ANNEXED SHALL BEAR ITS PRO RATA PART OF
TAXES; PROVIDING THAT THE INHABITANTS THEREOF SHALL
HAVE ALL THE PRIVILEGES OF ALL THE CITIZENS 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 in accordance with Section 43.1055(b)and(c)of the Texas Local Government Code
the City of Fort Worth is annexing road right-of-way contiguous to the City's boundary after
notification to and no objection by Tarrant County for full-purpose annexation; and
WHEREAS the population of the City of Fort Worth, Texas, is in excess of 100,000 inhabitants;
and
WHEREAS the hereinafter described territory lies within the exclusive extraterritorial jurisdiction
of the City of Fort Worth, Texas; and
WHEREAS the hereinafter described territory lies adjacent to and adjoins the City of Fort Worth,
Texas; and
WHEREAS the hereinafter described territory contains approximately 0.395 acres of right-of-way
(17,186 sq. feet of land,) more or less, commonly known as West Cleburne Road;
Annexation—AX-23-006 Ordinance No.26625-12-2023
WHEREAS,the City conducted two public hearings at which members of the public who wished to
present testimony or evidence regarding the Service Plan and Full-Purpose Annexation were given the
opportunity to do so, in accordance with the procedural requirements of Section 43.063 of the Local
Government Code on November 28,2023 at 10:00 a.m.and December 12,2023 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 right-of-way,commonly
known as West Cleburne Road,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 the following described land and territory lying adjacent to and adjoining the City of Fort
Worth, Texas is hereby added to and annexed to the City of Fort Worth, Texas, and said territory
hereinafter described shall hereafter be included within the boundary limits of the City of Fort Worth,
Texas, and the present corporate boundary limits of said City, at the various points contiguous to the
area hereinafter described,are altered and amended so as to include said area within the corporate limits
of the City of Fort Worth, Texas, to-wit:
DESCRIPTION of a 0.395 acre(17,186 square foot)tract of land situated in the John Korticky Survey,
Abstract No. 914, the William H. Coltharp Survey, Abstract No. 286 and the Moses Walters Survey,
Abstract No. 1598; said tract being a portion of County Road 1035,commonly known as West Cleburne
Road, having a variable-width right-of-way, said tract also being a portion of that certain 36.291 acre
tract of land conveyed to Crowley Independent School District and described in Instrument No.
D207416955 of the Official Public Records of Tarrant County,Texas,said tract also being a portion of
that certain 10.18 acre tract of land conveyed to Texas Electric Service Company and described in
Volume 3564,Page 577 of the Deed Records of Tarrant County,Texas;said 0.395 acre(17,186 square
foot)tract being more particularly described as follows:
BEGINNING at a point in the approximate center of said West Cleburne Road, same being the
northeast corner of said 10.18 acres, said point also being in a south City Limits line as described in
Ordinance No. 13578 at its intersection with the west City Limits line as described in Ordinance No.
9581;
THENCE, South 00 degrees, 22 minutes, 06 seconds East, with said approximate center of West
Cleburne Road,and the said west City Limits line, a distance of 659.53 feet to a point for corner at the
southwest corner of said Ordinance No. 9471, same being the north line of the City of Fort Worth City
Limits of that certain Ordinance No. 9609;
THENCE, South 89 degrees, 40 minutes, 28 seconds West, to the apparent west line of said West
Cleburne Road, a distance of 26.35 feet to the northwest corner of said Ordinance No. 9609;
Annexation—AX-23-006 Ordinance No.26625-12-2023
THENCE, North 00 degrees, 28 minutes, 58 seconds, West, with said apparent west line of West
Cleburne Road, a distance of 247.86 feet, to an interior corner of said 36.291 acres;
THENCE,North 00 degrees,03 minutes,31 seconds,West,continuing with said apparent west line of
West Cleburne Road,a distance of 411.54 feet,to a point for corner in said south line of Ordinance No.
13578, same being the north line of said 10.18-acre TESCO tract;
THENCE,North 89 degrees,20 minutes,00 seconds East,with said south line of Ordinance No. 13578
and said north line of 10.18-acre TESCO tract to the POINT OF BEGINNING;
CONTAINING: 0.395 acres of land (17,186 square feet), more or less.
SECTION 2.
That the above described territory is shown on Map Exhibit "A" which is attached hereto and
expressly incorporated herein by reference for the purpose of illustrating and depicting the location of
the hereinabove described territory.
SECTION 3.
That the above described territory hereby annexed shall be part of the City of Fort Worth,Texas,
and the property so added hereby shall bear its pro rata part of the taxes levied by the City of Fort
Worth, Texas, and the inhabitants thereof shall be entitled to all of the rights and privileges of all the
citizens in accordance with the Service Plan and shall be bound by the acts,ordinances,resolutions and
regulations of the City of Fort Worth, Texas.
SECTION 4.
CUMULATIVE CLAUSE
That this ordinance shall and does amend 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 5.
SEVERABILITY CLAUSE
That 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.
Annexation—AX-23-006 Ordinance No. 26625-12-2023
SECTION 6.
SAVING CLAUSE j
�I
That 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,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. 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. Provided, further, that if there is included within the description of
territory set out in Section 1 of this ordinance to be annexed to the City of Fort Worth any area which is
presently part of and included within the limits of the City of Fort Worth,or which is presently part of
and included within the limits of any other city,town or village,or which is not within the City of Fort
Worth's jurisdiction to annex, the same is hereby excluded and excepted from the territory to be
annexed hereby as fully as if such excluded and excepted area were expressly described herein.
SECTION 7.
EFFECTIVE DATE
That this ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY: CITY SECRETARY
I
Melinda Ramos,Deputy City Attorney Jannette S. Goodall
City Secretary
ADOPTED AND EFFECTIVE: December 12, 2023 �aq�T whn�a
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Annexation—AX-23-006 Ordinance No.26625-12-2023
a
EXHIBIT A
,ITY OF FORT WORTH
CITY LIMITS I I I CITY COF ITY FORT
LIMI WORTH
_JRDINANCE NO. 13578) I II BLOCK 7
BLOCK 1 (ORDINANCE NO. 9471)
PANTHER HEIGHTS I I KELLEY TRACT
I I (INST. NO. D2 211 80 3 6 0)
(CABINET A, SLIDE 5065) N 892VOW E LOT 29 LOT 30 4.0 LOT 12] LOT 11j LOT 10 LOT 9L�l 8
_
POINT OF
BEGINNING
10.18 ACRES 9.375 ACRES
TEXAS ELECTRIC SERVICE COMPANY TEXAS ELECTRIC SERVICE COMPANY
(VOLUME 3564, PAGE 577) (VOLUME 3554, PAGE 613)
ANNEXATION AREA
0.395 ACRES
(17,186 SQUARE FEET)
'TRACT 2'
36.291 ACRES '
1
CROWLEY INDEPENDENT SCHOOL DISTRICT I \ \ LOT 6 1 LOT 7
(INST. NO. D207416955) I I `
z `
LOT 5
2 1
m
al, o� LOT 4 rn 4 N
oti o
LOT 3 m w z
Y
NOTES: 57' R.O.W. In I
H 1. A metes and bounds description of even o I LOT 2 I
survey date herewith accompanies this plat v CITY OF FORT WORTH
0 of survey. W li ——— CITY LIMITS
z 8 (ORDINANCE NO. 9471)
2.Bearing system for this survey is hosed On 0 LOT 1�
the Texas Coordinate System of 1983 (2011 i<
$ adjustment), North Central Zone 4202. w y —
"'a GREYBERRY
DRIVE
This document was prepared under 22 TAC
§663.21, does not reflect the results of an on
the ground survey, and is not to be used to z LOT 1 LOCK 10 LOT 3
convey Or establish interests in real property O ~o KELLEY TRACT
i except those rights and interests implied or I J (INST.NO.0 2 2 201 58 41)
u established by the creation or reconfiguration Y I I' I
of the boundary of the political subdivision for z M.I WALTERS SURVEY— ABSTRACT bo.,1598
which it was prepared, o J.CALTHARP URVEY- BSTRACT NO. 285
c (�•OF
� •TF S 89'40'29'W
�P.• \ST E,y 0 ,S;Q� FO,•tP I I 6 ACRES.
< � HAWKINS FAMILY JOINT VENTURE
MICHAEL LARRY LEYl15,•JR. I I (INST. NO. D220231873)
Z •••••}•• CITY OF FORT WORTH
•<;A...................
9.95773 �;� CITY LIMITS
0FESS\QUO
ffRegistered
06/2023 1'O•'•S R��c (ORDINANCE NO. 9609)
a Jr. Date
TX REG. ENGINEERING FIRM F-469
773 TX REG. SURVEYING FIRM LS-10008001 WEST CLEBURNE ROAD
N PORTION OF TARRANT COUNTY RIGHT—OF—WAY
Pacheco Koch I FORTWORTH,TXINROAD OUT OF THE
FORT WORTH,TX78109 JOHN KORTICKY SURVEY, ABSTRACT N0. 914,
a Westwood company 617Al2.7166 WILLIAM H. COLTHARP SURVEY, ABSTRACT N0. 286,
p Y AND MOSES WALTERS SURVEY, ABSTRACT NO. 1598
BBAWN BY CNECKEU er SCALE DATE JOB NUMBER TARRANT COUNTY, TEXAS
ZNBM MILL1"-100' 09/26/2023 0045655.00 PAGE 2 OF 2
Annexation—AX-23-006 Ordinance No.26625-12-2023
West Cleburne Road (AX-23-006)
Approximately 0.395 Acres Adjacent to Council District 6
Greenbrk
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0 250 500 Feet FORT WORTH-
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Master Thoroughfare Plan Fort Worth
1:3,600 Planning&Development Department
Land Use Full Purpose 1110112023
Neighborhood Connector ® Limited Purpose
COPYRIGHT 2023 CITY OF FORT WORTH UNAUTHORIZED REPRODUCTION IS A
Extraterritorial Jurisdiction VIOLATON OF APPLICABLE LAWS. THIS DATA IS TO BE USED FOR A GRAPHICAL
Adjacent Cities REPRESENTATION ONLY,THE ACCURACY IS NOT TO BE TAKEN/USED AS DATA
PRODUCED FOR ENGINEERING PURPOSES OR BY A REGISTERED PROFESSIONAL
ectArea LAND SURVEYOR. THE CITY OF FORT WORTH ASSUMES NO RESPONSIBILITY FOR
■ Sub
J THE ACCURACY OF SAID DATA.
ANNEXATION EXHIBIT
WEST CLEBURNE ROAD
Parts of the John Korticky Survey, Abstract No. 914, the William H. Coltharp Survey, Abstract No. 286
and the Moses Walters Survey, Abstract No. 1598
Tarrant County, Texas
DESCRIPTION of a 0.395 acre (17,186 square foot) tract of land situated in the John Korticky Survey,
Abstract No. 914,the William H. Coltharp Survey,Abstract No.286 and the Moses Walters Survey,Abstract
No. 1598; said tract being a portion of County Road 1035, commonly known as West Cleburne Road,
having a variable-width right-of-way, said tract also being a portion of that certain 36.291 acre tract of land
conveyed to Crowley Independent School District and described in Instrument No. D207416955 of the
Official Public Records of Tarrant County, Texas, said tract also being a portion of that certain 10.18 acre
tract of land conveyed to Texas Electric Service Company and described in Volume 3564, Page 577 of the
Deed Records of Tarrant County, Texas; said 0.395 acre (17,186 square foot)tract being more particularly
described as follows:
BEGINNING at a point in the approximate center of said West Cleburne Road, same being the northeast
corner of said 10.18 acres, said point also being in a south City Limits line as described in Ordinance No.
13578 at its intersection with the west City Limits line as described in Ordinance No. 9581;
THENCE, South 00 degrees, 22 minutes, 06 seconds East,with said approximate center of West Cleburne
Road, and the said west City Limits line, a distance of 659.53 feet to a point for corner at the southwest
corner of said Ordinance No. 9471, same being the north line of the City of Fort Worth City Limits of that
certain Ordinance No. 9609;
THENCE, South 89 degrees,40 minutes, 28 seconds West,to the apparent west line of said West Cleburne
Road, a distance of 26.35 feet to the northwest corner of said Ordinance No. 9609;
THENCE, North 00 degrees, 28 minutes, 58 seconds, West,with said apparent west line of West Cleburne
Road, a distance of 247.86 feet, to an interior corner of said 36.291 acres;
THENCE, North 00 degrees, 03 minutes, 31 seconds, West, continuing with said apparent west line of
West Cleburne Road, a distance of 411.54 feet, to a point for corner in said south line of Ordinance No.
13578, same being the north line of said 10.18 acre TESCO tract;
THENCE, North 89 degrees, 20 minutes, 00 seconds East, with said south line of Ordinance No. 13578
i
and said north line of 10.18 acre TESCO tract to the POINT OF BEGINNING;
CONTAINING: 0.395 acres of land (17,186 square feet), more or less.
This document 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.
09/26/2023 °F rF
Michael Larry L wis, r Date Al
ReRegistered Professions and Surveyor No. 5773 """""""""' '•'
g Y MICHAEL LARRY LEWIS,JR.
Pacheco Koch, a Westwood Company
4060 Bryant Irvin Road, Fort Worth, TX 76109 9 5773...........
773 o
(817)412-7155 ti�•• s u Eta
TX Reg. Surveying Firm LS-10008001
0045655.00_EX03.d ocx
0045655.00_EX03.dwg
PAGE 1 OF 2
CITY OF FORT WORTH
CITY LIMITS I CITY OF FORT WORTH
(ORDINANCE NO. 13578) I II I BLOCK 7 CITY LIMITS
BLOCK 1 I KELLEY TRACT (ORDINANCE NO. 9471)
PANTHER HEIGHTS
I I I (INST. NO. D221180360)
(CABINET A, SLIDE 5065) IN89'20'00" E LOT 12� LOT 11 I LOT 10 LOT 9 LOT 8
LOT 29 LOT 30 4.6 ' 1
POINT OF
BEGINNING
10.18 ACRES 9.375 ACRES
TEXAS ELECTRIC SERVICE COMPANY TEXAS ELECTRIC SERVICE COMPANY
(VOLUME 3564, PAGE 577) (VOLUME 3554, PAGE 613)
ANNEXATION AREA
0.395 ACRES
(17,186 SQUARE FEET) _
"TRACT 2" a
36.291 ACRES
1
CROWLEY INDEPENDENT SCHOOL DISTRICT 3 I I \ LOT 6 1 LOT 7
(INST. NO. D207 41 6 9 55)
LOT 5 \ i
� I I 777
co
x U n
m I�i LOT 4 rn<N
Q lO Y N
O� O
— — —m J O
oI I LOT 3 Li
z NOTES: 57' R.O.W.
in 1. A metes and bounds description of even LOT 2
"I survey date herewith accompanies this plat CITY OF FORT WORTH
X of survey. I i — — — CITY LIMITS
0 2. Bearing system for this survey is based on F LOT 1 (ORDINANCE N0. 9471)
the Texas Coordinate System of 1983 (2011 2 Q'
o adjustment), North Central Zone 4202. N (n 0—
0 3 Q � GREYBERRY
w
DRIVE
> This document was prepared under 22 TAC m >
> §663.21, does not reflect the results of an on 0o
a x LOT 1 LOT 2 LOT 3
n the ground survey, and is not to be used to z r BLOCK 10
3 convey or establish interests in real property o I KELLEY TRACT
except those rights and interests implied or ~ I I (INST. No. D222015841)
a established by the creation or reconfiguration I
0 of the boundary of the political subdivision for z _ M. WALTERS SURVEY ABSTRACT N0. 1598
which It WOS prepared. zo J. COLTHPRF URVEY — ABSTRACT NO. 286
�6,,�F 0 , TF S 8s'40'28" W
�G1 RFq� 26 35I 62.582 ACRES
HAWKINS FAMILY JOINT VENTURE
(INST. NO. D220231873)
MICHAEL�LARRY LEWIS,�i I I
CITY OF FORT WORTH
Y I
�'.'A""90 5773 �PtQ CITY LIMITS
0 6/2023 qy0�'g U Ft��Jo (ORDINANCE NO. 9609)
a Michael Larry Lewis, Jr. Date
Registered Professio TX REG, ENGINEERING FIRM F-469
Land Surveyor No. 5773 TX REG. SURVEYING FIRM LS-10008001 WEST CLEBURNE ROAD
N PORTION OF TARRANT COUNTY RIGHT—OF—WAY
N OF THE
Pacheco Koch FORT WORTH,TX 76109 IRVIN ROAD JOHN KORTICKY OUT SURVEY, ABSTRACT NO. 914,
FOR
a Westwood company 817.412.7755 WILLIAM H. COLTHARP SURVEY, ABSTRACT NO. 286,
P Y AND MOSES WALTERS SURVEY, ABSTRACT NO. 1598
3 DRAWN BY CHECKED BY SCALE DATE JOB NUMBER TARRANT COUNTY, TEXAS
ZNBM MLL 1"=100 09/26/2023 0045655.00 PAGE 2 OF 2
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 12/12/23 M&C FILE NUMBER: M&C 23-1034
LOG NAME: 06AX-23-006 WEST CLEBURNE RIGHT-OF-WAY(CITY-INITIATED)
SUBJECT
(Future CD 6)Consider Institution and Adoption of Ordinance Annexing Approximately 0.395 Acres of West Cleburne Right-of-Way, Located
South of McPherson and North of Cleburne Crowley, Extending Approximately 411-Feet Along West Cleburne Road,in the Far Southwest
Planning Sector,AX-23-006
RECOMMENDATION:
It is recommended that the City Council institute the annexation and adoption of the attached ordinance annexing approximately 0.395 acres of
West Cleburne right-of-way in Tarrant County,located south of McPherson and north of Cleburne Crowley,extending approximately 411-feet along
West Cleburne Road, in the Far Southwest Planning Sector,AX-23-006.
DISCUSSION:
On September 25,2023,representatives for Tarrant County submitted a letter supporting the full-purpose annexation of the above referenced right-
of-way into the City of Fort Worth. This letter allows the City to annex for full purposes that stretch of West Cleburne right-of-way as identified in the
attached Exhibit A. The Transportation and Public Works Department supports the annexation of West Cleburne right-of-way for full-purposes into
the City. The adoption of the attached ordinance completes the annexation process.
The subject right-of-way is situated within the extraterritorial jurisdiction of the City,on West Cleburne Road and will continue to be used as right-of-
way. The annexation policy states that the City will annex any right-of-way that is adjacent to and provides access to property within the City. In
addition,West Cleburne Road is classified as a major arterial and is designated as a neighborhood connector on the Master Thoroughfare Plan.
As such, it is critical the right-of-way be annexed and the existing roadway be maintained to City standards.
Although a fiscal impact analysis was not conducted,the annexation policy does not require thoroughfares to produce a positive fiscal impact due
to the efficiencies gained in service delivery. This section of West Cleburne right-of-way meets this criterion. Furthermore,many of the adjacent
properties are already within Fort Worth City Limits and the surrounding area is currently experiencing urban development. Staff has determined
that the City is able to provide municipal services upon annexation in accordance with State law,without negatively impacting service provision
within the City. Annexation of this site is thus consistent with the City's annexation policy.
If annexed,this property will become part of COUNCIL DISTRICT 6.
A Form 1295 is not required because:This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that the impact of this annexation will be built into the City's long-term financial forecast of the General Fund.
Submitted for City Manager's Office by. Dana Burghdoff 8018
Originating Business Unit Head: D.J. Harrell 8032
Additional Information Contact: