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HomeMy WebLinkAboutOrdinance 15389ORDINANCE N0. / ~~~~ AN ORDINANCE DECLARING CERTAIN FINDINGS; PROVIDING FOR THE LIMITED PURPOSE ANNEXATION OF A CERTAIN 7,744 .ACRES (12.14 SQUARE MILES) OF LAND, MORE OR LESS, IN THE H. ROBERTSON SURVEY, A-1259, J. HIBBINS SURVEY, A-639, S.C.T. FORD SURVEY., A-531, I. & G.N.R.R. CO. SURVEY, A- 1956, J.A. GILL SURVEY, A-570, HEIRS OF BENJAMIN THOMAS SURVEY, A-1497, E.H. ELKINS SURVEY, A-487, J.P. ALFORD SURVEY, A-53; M.E.P.& P.R.R. CO. SURVEY, A-1136, M.E.P.& P.R.R. CO. SURVEY, A-1144, W. BR.AMLETT AND H.R. RYAN SURVEY, A-227, M.E.P.& P.R.R. CO. SURVEY, A-1132, C. BOYD SURVEY, A-225, M.E.P.& P.R.R. CO. SURVEY, A-1129, C. BOYD SURVEY, A-212, M.E.P.& P.R.R. CO. SURVEY, A-1131, S.R. LACY SURVEY, A-990, J.C. BATES SURVEY, A-226, J. RIGHLEY SURVEY, A-1268, M.E.P.& P.R.R. CO. SURVEY, A- 1130, H. ROBERTSON SURVEY, A-1259, M.E.P.& P.R.R. CO. SURVEY, A-1111 AND M.E.P.& P.R.R. CO. SURVEY, A-1109, J. WALKER SURVEY, A-1600, W. REDFIELD SURVEY, A-1348 AND S. LOCKHART SURVEY, A-977, ALL IN TARRANT COUNTY, TEXAS; WHICH TERRITORY LIES CONTIGUOUS TO 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, a public hearing before the City Council of the City of Fart Worth concerning the proposed limited purpose annexation of the portions of the 287 Zone, which are more completely described in Section 1 and on Exhibit "A", was held in the City Council Chambers in the Municipal Office Building of Fort Worth, Texas, on October 1, 2002; and WHEREAS, a second public hearing before the City Council of the City of Fort Worth concerning the proposed limited purpose annexation of portions of the 287 Zone described in Section 1 and on Exhibit "A" was held at Tarrant County College, Northwest Campus, 4801 Marine Creek Parkway, Fort Worth, Texas, on October 15, 2002; and WHEREAS, at each public hearing each member of the public who wished to present testimony or evidence regarding the proposed limited purpose annexation was given the opportunity to do so; and WHEREAS, the City Council heard and considered the appropriateness of the application of rural and urban ordinances in the areas proposed for limited purpose annexation at such public hearings; and WHEREAS, the City prepared a report regarding the proposed limited purpose annexation, consisting of a planning study and a regulatory plan, in accordance with Section 43.123 of the Texas Local Government Code; and WHEREAS, notice of the availability of the report was published in a newspaper having general circulation in the City of Fort Worth and in the areas proposed for annexation on September 18, 2002, and September 19, 2002, and the City made the report available to the public in the City's Development Department, the Central Library and the Summerglen Branch Library, and on the City's Internet website; and WHEREAS, notice of the first and second public hearings was published in a newspaper having general circulation in the City of Fort Worth, Texas, and in the area proposed for annexation on September 18, 2002, and September 19, 2002, and was posted on the City's Internet website on September 18, 2002; and WHERAS, an additional notice of the second public hearing was published in a newspaper having general circulation in the City of Fort Worth, Texas, and in the area proposed for annexation on October 2, 2002; and 2 WHEREAS,. the regulatory plan prepared by the City proposed that provisions of the Health Code relating to construction and operation of food establishments be enforced in the area if annexed for limited purposes; and WHEREAS, the City Council finds that the regulatory plan should be changed to provide for enforcement of provisions of the Health Code relating to review of construction plans for food establishments, day care centers and public swimming pools and to exclude all other provisions of the Health Code from enforcement under the plan; and WHEREAS, the City Council finds that it is appropriate to change the proposed regulatory plan in order to ensure that food establishments, day care centers and public swimming pools wi11 be constructed in accordance with City of Fort Worth standards but to defer enforcement of other provisions of the Health Code until the areas are annexed for full purposes, in order to minimize the impact of limited purpose annexation and to avoid confusion concerning the enforcement of city and county standards; 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 7,744 acres (12.14 SQUARE MILES) of land, more or less; 3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That the following described territory lying adjacent to and. adjoining the City of Fort Worth, Texas is hereby annexed by the City of Fort Worth, Texas, for limited purposes, in accordance with Sections 43.121 through 43.136 of the Texas Local Government Code, and the present corporate boundary limits are altered to include said areas within the corporate limits of the City of Fort Worth, Texas, for limited purposes: Area "A" 1,830 ACRES OR 2.9 SQUARE MILES (MORE OR LESS) being situated in: the H. Robertson Survey; A-1259, the J. Hibbins Survey, A-639, the S.C.T. Ford Survey, A-531, the I. & G.N.R.R. Co. Survey, A-1956, the J.A. Gill Survey, A-570, the Heirs of Benjamin Thomas Survey, A-1497, the E.H. Elkins Survey, A-487 and the J.P. Alford Survey, A-53 all in Tarrant County,. Texas. Said area is mare particularly described as follows: BEGINNING at the intersection of the extended south right-of-way line of Hicks Road West (Co. Rd. 4005) with the west right-of-way line of U.S. Highway 81-Business 287. Said beginning. bears approximately N22°W, 12.2+/- miles from the Tarrant County Court house; THENCE in a northeasterly and easterly direction along said south right-of-way line of Hicks Road, approximately 1,300 feet to the intersection with the east right-of-way line of the Fort Worth and Denver Railway Company property; same being the northwest corner of a tract of land described to Linda Jo Edwards, Trustee for the Sampson Heritage Trust according to the deed recorded in volume 15006, page 46, Deed Records, Tarrant County, Texas; THENCE 532850'26"E, 1482.62 feet; 557814'10"W, 49.31 feet and 532821'31"E, 427.04 feet (bearings and distances are taken from said Edwards deed) along the east line of said Railroad right-of- way to the south- west corner of said Edwards tract; THENCE N89852'46"E, 1737.78 feet; N$9858'52"E, 936.15 feet; N89856'54"E, 1109.40 feet and N89850'12"E, 1111.01 feet (bearings and distances are taken from said Edwards deed) along the south line of said Edwards tract to the west line of Fossil Creek Estates, an addition in the extra-territorial jurisdiction of the City of Fort Worth according to the plat recorded in cabinet A, 4 slide 3524, Plat Records, Tarrant County, Texas; THENCE along said west line of said Fossil Creek following: (bearings and distances are taken from said Estates plat) 501821'42"E, 1388.81 feet, 501827'52"E, N88807'49"E, 150.01 feet and 501825'53"E, 231.76 feet right-of-way line of Hillwood Boulevard, as shown on Creek Estates plat; Estates the Fossil Creek 585.35 feet, to the south said Fossil THENCE N89853'30"E (bearing is taken from said Fossil Creek Estates plat) along the south right-of-way line of said Hillwood Blvd. extended, 4,050 feet, more or less, to the west line of city ordinance no. 6390, same being in the east line of County Road No. 4108 (Wagley Robertson Road); THENCE along the west line of said ordinance 6390 and along the east line of said Co. Rd. 4108, in a southerly direction approximately 3,300 feet to the intersection with the north line of Savanna Estates (extended), an .addition in Tarrant County, according to the plat recorded in cabinet A, slide 4579 and cabinet A, slide 5614 said Plat Records; THENCE along the perimeter of said Savanna Estates the following; N89804'00"W (bearing is taken from. its respective plat), approximately 2,250 feet (bearings and distances hereafter are taken from said plats), 500802'01"W, 694.22 feet, N89857'00"W, 1000.00 feet and 500802'01"W, 1725.80 feet to the south right-of- way line of North Tarrant Parkway; THENCE 589856'35"E, 2962.74 (bearing and distance is taken from said plats) feet along said south right-of-way line of North Tarrant Parkway; THENCE 549842'26"E, 329.63 (bearing and distance is taken from said plats) feet continuing along said south right-of-way line and extended approximately 39 feet to the aforementioned west line of city ordinance no. 6390, same being in the east line of County Road No. 4108 (Wagley-Robertson Road); THENCE south with said ordinance line and said road, 730 feet more or less; THENCE easterly, approximately 440 feet; and southerly, continuing along said ordinance line, approximately 370 feet to the intersection with the north line (extended) of the B. Thomas Addition in Tarrant County, according to the plat recorded in cabinet A, slide 5610, said Plat Records; THENCE 578842'22"W (bearing is taken from said Thomas plat) along the northerly line of said Thomas Addition, approximately 3,030 feet; THENCE 548823'54"E along the westerly line of said addition, 1257.72 feet (bearing and distance is taken from said Thomas plat); 5 to a corner of a tract of land described to the Cranz Family Interests, Ltd., according to the deed recorded in volume 8796, page .1262, said Deed Records; THENCE 50835'E (bearing is taken from said Cranz deed) along an east line of said Cranz tract, approximately 940 feet to the intersection with the north line of the City of Fort Worth annexation ordinance no. 7916; THENCE westerly along the north line of said ordinance no. 7916, approximately 2,474 feet to the east line of the City of Fort Worth annexation ordinance no. 10379 and the southwest right-of-way line of U.S. Highway 81-Business 287; THENCE along said east line of ordinance no. 10379 and said southwest right-of-way line of U.S. Highway 81-Business 287 the following courses (bearings and distances are taken from said ordinance no. 10379); N36°04'32"W, 1611.36 +/- feet; N36°06'43"W, 3505.67 feet; N36°12'22"W, 944.88 feet to the intersection with the east right-of-way line of County Road no. 4107; THENCE leaving said southwest right-of-way of U.S. Highway 81- Business 287 along said east right-of-way line and along the west line of said ordinance no. 10379, S17°35'19"E, 990 +/- feet (bearing is taken from said ordinance no. 10379) to the intersection with the extended north right-of-way line of North Tarrant Road (60 feet wide at present) ~s shown on the plat of North Fork Estates, an addition in Tarrant County, Texas, recorded in cabinet A, Slide 4919, said Plat Records.; THENCE 589857'58"W (bearing is taken from said North Fork Estates plat) along said north right-of-way line as extended westerly to the east line of City of Fort Worth annexation .ordinance no. 14669, Parcel 4, Involuntary .Annexation (1000' Strip), an approximate total distance of 3,000 feet; THENCE N00807'00"W along said east ordinance line, 2500 feet more or less, to the south line of Parcel 1, of said ordinance no. 14669; THENCE S89°47'22"E (bearing and distance are taken from said ordinance no. 14669) along said south line of Parcel 1, a distance of 1554.52 feet to the southeast corner of said Parcel 1 and the west right-of-way line of U.S. Highway 81-Business 287; THENCE northwesterly with said west right-of-way line of U.S. Highway 81-Business 287 along a non-tangent curve to the right whose components are: (curve data is taken from said ordinance no. 14669 and right-of-way maps for U.S. Highway 81-Business 287) radius is 5,7$9.65 feet, long chord bears N22°22'07"W, 151.94 feet and an arc length of 151.94 feet; 6 THENCE N21°37'W (bearing and distance here .are taken from said right-of-way maps for U.S. Highway 81-Business 287) continuing along said east line of said Parcel 1 and said west right-of-way line of said U.S. Highway 81-Business 287, a distance of 4803.70 feet to the beginning of a tangent curve to the left whose radius is 11,399.30 (chord definition of highway curve); THENCE continuing along said east line of said Parcel 1 and said west right-of-way line of said U.S. Highway 81-Business 287, along said curve in a northerly direction through a central angle of 2°14' , distance of 444.33 feet to the end of said curve and the most easterly northeast corner of said Parcel 1 of City ordinance no. 14669; THENCE N23°51'W (bearing is taken from said right-of-way maps for U.S. Highway 81-Business 287) continuing along said west right-of- way line of said U.S. Highway 81-Business 287, approximately 1,700 feet to the Place of Beginning and containing 1,830 acres or 2.9 square miles, more or less. 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 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 far which it was prepared. Area "B" 5,240 ACRES OR 8.19 SQUARE MILES (MORE OR LESS) being all or portions of: the M.E.P..&P.R.R. Co. Survey, A-1136, the M.E.P.&P.R.R. Co. Survey,. A-1144, the W. Bramlett and H.R. Ryan Survey, A-227, the M.E.P.&P.R.R. Co. Survey, A-1132, the C. Boyd Survey, A-225, the M.E.P.&P.R.R. Co. Survey, A-1129, the C. Boyd Survey, A-212, the M.E.P.&P.R.R. Co. Survey, A-1131, the S.R. Lacy Survey, A-990, the J.C. Bates Survey, A-226, the J. Righley Survey, A-1268, the M.E.P.&P.R.R. Co. Survey, A-1130, H. Robertson Survey, A-1259, the M.E.P.&P.R.R. Co. Survey, A-1111 and the M.E.P.&P.R.R. Co. Survey, A-1109, all in Tarrant County, Texas. Said area is more particularly described as follows: BEGINNING at the intersection of the east line of the A.T. & S.F. Railroad property, in said Henry Robertson Survey, A-1259, with a line 500 feet northeast of and parallel with the northeast right- of-way line of U.S. Highway gland 287, as called for in City of Fort Worth annexation ordinance no. 6390. Said beginning bears approximately N8°W, 12 miles from the Tarrant County Courthouse; THENCE along said east railroad right-of-way and along a west line of said city ordinance no. 6390, in a southerly direction, approximately 1260 feet to the south right-of-way line of said U.S. Highway 81and 287, same being the most easterly northeast corner of City of Fort Worth annexation ordinance no. 14260; 7 THENCE N47°24'00"W along the southwest right-of-way line of said Highway 81and 287 and along the northeast line of said ordinance no.14260, a distance of 619.19 feet (bearing and distance taken from said ord. no. 14260); THENCE N42°13'00"W continuing along said southwest right-of-way line of Highway 81and 287 and along the northeast line of said ordinance no. .14260, a distance of 554.74 feet (bearing and distance taken from said ordinance no. 14260); THENCE N47°23'43"W continuing along said southwest right-of-way line of Highway 81and 287 and along the northeast line of said ordinance no. 14260, a distance of .2,321.30 feet (bearing and distance taken from said ordinance no. 14260); THENCE N89°22'35"W leaving said right-of-way line and continuing along the north and west lines of said city ordinance no. 14260, a distance of 268.61 feet (bearing and distance taken from said ordinance no. 14260); THENCE along said north and west lines of city ordinance no. 14260.. the following courses (bearing and distance taken from said ordinance No. 14260); S00°24'28"W, 559.45 feet and N89°36'28"W, 1404.82 feet to the east right-of-way line of Wagley-Robertson Road as shown on the plat of Van Zandt Farms at Fossil Creek, Phase III, recorded in cabinet A, slide 6459, Tarrant County, Plat Records; THENCE N00803'29"E (bearing is taken from said plat) along said east right-of-way line, an approximate distance of 400 feet to the northeast corner of said addition; THENCE N89854'41"W along the north line of said addition and along the north line of Van Zandt Farms at Fossil Creek, according to the plat recorded in cabinet A, slide 7546, said Plat Records, 4832.11 feet (bearing and distance are taken from said plat) to the northeast corner of a tract of land described to Leon Moss and wife, Maudie Moss according to the deed recorded in volume 8340, page 404, Deed Records, Tarrant County, Texas; THENCE West (bearing is taken from said. Moss deed) along the north. line of said Moss tract, as extended to the west right-of-way line of Willow Springs Road (Co. Rd. No. 4109), an approximate distance of 487 feet; THENCE south along said west right-of-way line of said Wi11ow Springs Road., 3020 feet, more or less, to the intersection with the north right-of-way line of Hicks Road West (County Road No. 4005); THENCE west along said north right-of-way line of Hicks Road, 2650 feet, more or less, to the east line of Sun Va11ey Estates, an addition in Tarrant County, according to the plat recorded in cabinet A, slide 4208, said Plat Records; 8 THENCE N00830'04"W (bearing is taken from said plat) along said east line, approximately 1,675 feet to the southeast corner of Sun Valley Estates, an addition in Tarrant County, according to the plat recorded in cabinet A, slide 5547, said Plat Records; THENCE N00830'04"W along the east line of said addition, 2867.88 feet to the northeast corner of said addition (bearing and distance were taken from said plat); THENCE N89854'40"W along the north line of said addition, 1080.38 feet (bearing and distance were taken from said plat) to an east line of a tract of land described to Van Zandt Williams, according to the deed recorded in volume 3508, page 51, said Deed Records; THENCE North, 827.78 feet and West (bearings and distance were taken from Williams deed), approximately 1,550 feet along said east line and the north line of said Williams tract to the east right- of-way line of Hicks Avondale School Road (Co. Rd. No. 4111); THENCE north along said east right-of-way line, approximately 2,450 feet to the south right-of-way line of Blue Mound Road (Co. Rd. No. 4047); THENCE in a north and then west direction along the east and north right-of-way lines of said Blue Mound Road an approximate distance of 3,300 feet to the intersection with the east right-of-way line of Bates-Aston Road (Co. Rd. No. 4110); THENCE in a northeast direction along said east right-of-way line of Bates-Aston Road, an approximate distance of 3,280 feet to the intersection with the north line of the aforementioned J.C. Bates Survey, A-226; THENCE west with said north survey line and as extended to the westerly right-of-way line of the Rock Island and Pacific Railroad an approximate distance of 4,420 feet; THENCE in a northerly direction along said westerly right-of-way line approximately 3,380 feet to the intersection with the north line (extended) of a tract of land described to R.E. Bowles and Gerald L. Collier dba Land Pro Investments according to the deed recorded in volume 14210, page 63 said Deed Records; THENCE N89853'06"E (bearing is taken from said deed) leaving said railroad right-of-way along said extended north line and the north line of said Land Pro Investments tract, 608 feet, more or less, to the south right-of-way line of Avondale-Haslet Road (F.M. Road No. 718); same being the beginning of a non-tangent curve to the left whose radius is 746.75 feet and whose long chord bears 584849'10"E, 137.86 feet (data here is taken from said deed); THENCE along said south right-of-way and along said curve in an easterly direction through a central angle of 10835'35", a distance 9 of 138.06 feet; Page 6 of 12 THENCE N89826'26"E along said right-of-way, 9.73 (data here is taken from said deed) feet to the west right-of-way line of U.S. Highway 81-Business 287, same being the northeast corner of said Land Pro Investments tract; THENCE easterly approximately 1,420 feet to the intersection of the northeast right-of-way line of U.S. Highway 81 and 287 with the south right-of-way line of Avondale-Haslet Road (Co. Rd. No. 4029); THENCE in an easterly direction along said south right-of-way line, 4100 feet, more or less, to the west right-of-way line of the aforementioned Bates-Aston Road (Co. Rd. No. 4110); THENCE in a southerly direction-along said west right-of-way line, approximately 1,564 feet to the intersection with the extended south line of lot 9, block 1, Avondale Ranch, an addition in Tarrant County, according to the plat recorded in cabinet A, .slide 6482, said Plat Records; THENCE 588842'10"E (bearing and distance are taken from said plat) along said extended line and along said south lot line, 326.08 feet to a re-entrant corner of said Avondale Ranch addition; THENCE along the perimeter of said Avondale Ranch and along additional phases of Avondale Ranch, according to the plat recorded in cabinet A, slide 7026, the following courses (bearings and distances are taken from said plat); 500801'49'W, 2293.99 feet; 552846'28"E, 442.36 feet; N89843'13"E, 777.09 feet; NORTH, 3085.91 feet to the southeast corner of Texas Avenue, as shown on said plat of Avondale Ranch, cabinet A, slide 6482; THENCE north along the east line of said Texas Avenue (as shown on said plat), 1039 feet, more or less, to the aforementioned south right-of-way line of Avondale-Haslet Road; THENCE in an easterly direction with said south right-of-way line, an approximate distance of 375 feet to the intersection with the extended west line of a tract of land described to JC Lindsey Family Limited Partnership, according to the deed recorded in volume 15317, page 40, aforesaid Deed Records. Said west line is also the east right-of-way line of Willow Springs Road (Co. Rd. No. 4109); THENCE NORTH along said extended line, said east right-of-way and said west tract line a total distance of 309.46 feet (bearing and distance are figured from said Lindsey Family deed) to the southwest corner of a tract of land described to James D. Carpenter, et ux, according to the deed recorded in volume 12838, page 373, said Deed Records; THENCE along the perimeter of said Carpenter tract: 589816'00"E, 10 200.00 feet; NORTH, 185.04 feet; N45847'00"W, 51.56 feet and N89816'00"W, 16.00 feet (bearings and distances are taken from said Carpenter deed) to the aforementioned west line of the Lindsey Family tract; THENCE along the west line of said Lindsey Family tract the following: N89820'20"W, 49.87 feet; N00802'15"E, 437.60 feet; N59825'00"E, 18.26 feet; N30835'00"W, 30.84 feet; N00802'15"E, 1056.39 feet; N89844'15"W, 150.00; N00802'15"E, 53.98; 589827'00"E, 150.00 feet; N61819'38"E, 228.96 feet; N01836'00"E, 872.56 feet to a south line of the City of Fort Worth annexation ordinance no. 14888; THENCE along said city ordinance no. 14888 the following: S89°52'55"E, 2982.09 feet (distance is taken from aforesaid Lindsey Family tract); S00°05'28"E, 1229.00 feet; N89°59'31"W, 708.00 feet; Page 9 of 12 S00°19'00"W, 1,774.45 feet to the north right-of-way line of aforesaid Avondale-Haslet Road; THENCE in a west direction along said north right-of-way line, an approximate distance of 820 feet to the intersection with the extended west right-of-way line of Willow Springs Road (Co. Rd. No. 4109); THENCE in a south direction along said extended right-of-way line and along the west right-of-way line of said Willow Springs Road an approximate distance of 1,649 feet to the intersection with the extended south line of a tract of land described to Hugh M. Hodges, according to the deed recorded in volume 7244, page 2108, said Deed Records; THENCE East (bearing is taken from said deed) along said south line as extended to the southeast corner of said Hodges tract, 3927 feet, more or less; THENCE N0815'E (bearing is taken from said deed) along the east line of said Hodges tract as extended on to the aforementioned north right-of-way line of Avandale-Haslet Road, an approximate distance of 1,695.5 feet; THENCE in a west direction along said north right-of-way line, an approximate distance of 720 feet to the intersection with an east line of the aforementioned City of Fort Worth annexation ordinance no. 148$8; THENCE along said City ordinance no. 14888 the following: N00°09'41"E, 5652.00 feet; N89°46'49"E, 5394.71 feet to the west line of the Joint Resolution and Agreement between the 11 City of Fort Worth and the Town of Haslet, according.to the City of Fort Worth, .City Secretary contract no. 15651; THENCE South (bearing and distance are from said contract no. 15651 and aforesaid ordinance no. 14888) along said west agreement line, 13,975.93 feet to the north right-of-way line of Blue Mound Road (Co. Rd. No. 4047); THENCE in a westerly direction along said north right-of-way line, an approximate distance of 2,727 feet to the intersection with the extended west right-of-way line of Wagley-Robertson Road, as shown on the plats of Lonesome Dove Estates, recorded in cabinet A, slides 6664 and 7588, aforesaid plat records; THENCE in a southerly direction along said extended line, said west right-of-way line, 2782 feet, more or less, to the southwest corner of said Wagley-Robertson Road as shown on said plats; THENCE east along the south line of said Lonesome Dove Estates and as extended to the east right-of-way line of the A.T. & S.F. Railroad property, an approximate distance of 4,325 feet; THENCE in a south direction along said east railroad right-of-way line, 4460 feet, more or less, to the place of beginning and containing 5,240 acres or 8.19 .square miles. This document was prepared under 22TAC 663.21, 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. Area "C" 674 ACRES OR 1.05 SQUARE MILES (MORE OR LESS) being portions of: the 'J. Walker Survey, A-1600, the W. Redfield Survey, A-1348 and the S. Lockhart Survey, A-977, in Tarrant County, Texas. Said area is more particularly described as follows: BEGINNING at the intersection of the west line of the City of Fort Worth annexation ordinance no. 9689, same being the west line of the William McCowen Survey, A-999, with the south right- of-way line of Hicks Road (Co. Rd. 4055). Said beginning bears approximately NORTH, 11.5 miles from the Tarrant County Court House; THENCE south along said ordinance line and survey line, a distance of 8,100 feet, more or less, to the northeasterly line of the aforementioned City of Fort Worth annexation ordinance no. 6390; same being 500 feet northeasterly of and parallel with the northeasterly right-of-way line of U.S. Highway 81 and 287; THENCE northwesterly along said ordinance no. 6390 line and said highway line, 75 feet, more or less, to the southeast corner of 12 tract 2 of the City of Fort Worth Annexation ordinance no. 6440; THENCE north along the east line of said ordinance no. 6440, and the west right-of-way line of County Road no. 4105, a distance of 450 feet, more or less, to the northeast corner of said ordinance no. 6440; THENCE west along the north line of said ordinance no. 6440, a distance of 810 feet, more or less, to the aforementioned northeasterly line of ordinance no. 6390; THENCE westerly along said ordinance line, 130 feet, more or less, to the place where said ordinance no. 6390 line becomes 400 feet northeasterly of and parallel with the aforementioned northeasterly right-of-way line of U.S. Highway 81 and 287; THENCE northwesterly along said 400 foot parallel line and said ordinance no. 6390 northeasterly line, 2,800 feet, more or less, to the east line (partly extended) of the S. Lockhart Survey, A- 977; THENCE north leaving said 400 foot parallel line along said ordinance no. 6390 line and along said east survey line (partly extended), 160 feet more or less to a line 500 feet northeasterly of and parallel with the aforementioned northeasterly right-of- way line of U.S. Highway 81 and 287; THENCE northwesterly along said 500 foot parallel line and. continuing along said ordinance no. 6390 line, a distance of 3,350 feet, more or less, to the south line of the William Redfield Survey, A-1348 and the southeast corner of the City of Fort Worth deannexation ordinance no. 6647; THENCE west along said south line of the Redfield Survey and along said ordinance no. 6647, a distance of 290 feet, more or less, to the southwest corner of said ordinance no. 6647; THENCE north along the west line of said ordinance no. 6647, a distance of 180 feet, more or less, to the northwest corner of said ordinance; THENCE east along the north line of said ordinance, 150 feet, more or less, to the northeast corner of said ordinance; same being in the aforementioned 500 foot parallel line and the northeasterly line of ordinance no. 6390; THENCE northwest along said northeasterly ordinance no. 6390 line and said 500 foot parallel line, to the southeast corner of the City of Fort Worth deannexation ordinance no. 7507; THENCE West (bearing and distance here is taken from said ordinance no. 7507) along said south ordinance line, 305 feet; THENCE North (bearing and distance here is taken from said ordinance no. 7507) along the west line of said ordinance, 285.6 feet; 13 THENCE East (bearing and distance here is taken from said ordinance no. 7507) along the north line of.said ordinance, 55 feet to the aforementioned northeasterly line of ordinance no. 6390 and the 500 foot parallel line; THENCE northwesterly along said ordinance line and said 500 foot line, 1,200 feet, more or less, to the southeast corner of the City of Fort Worth annexation ordinance no. 6440, tract 1; THENCE north along the east line of said ordinance no. 6440, tract 1, a distance of 700 feet, more or less, to the northeast corner of said tract 1, same being in the south right-of-way line of the aforementioned Hicks Road, County Road no. 4005; THENCE in an easterly direction along said south right-of-way line of Hicks Road 6,300 feet, more or less, to the PLACE OF BEGINNING and containing 674 acres or 1.05 square miles, more or less. This document was prepared under 22TAC 663.21, 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. SECTION 2. That the above described territory is shown on Exhibit "A" attached and incorporated by reference. SECTION 3. That the regulatory plan attached as Exhibit "B" is hereby adopted by the approval of this ordinance. The regulations identified in the regulatory plan will be enforced in the area described in Section 1. The plan is the same as the regulatory plan prepared by the City and made available to the public pursuant to Section 43.123 of the Texas Local Government Code, with the exception of the sections of the Health Code that will be enforced in the area. The regulatory plan. made available to the public has been changed to provide for enforcement of only those provisions of the Health Code relating to construction of food establishments, 14 day care centers and public swimming pools for the reasons set out in the findings made by the City Council above. SECTION 4. That the residents of the area described in Section 1 are entitled to vote in municipal elections regarding the election or recall of members of the City Council or regarding the amendment of the municipal charter, but may not vote in any bond election or be a candidate for or elected to a municipal office. SECTION 5. That 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 is cumulative. SECTION 6. 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 sha11 be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality sha11 not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any unconstitutional phrase, clause, sentence, paragraph or section. SECTION 7. 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 15 Worth for limited 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. The City Council hereby declares it to be its purpose to annex to the City of Fort Worth for limited purposes every part of the areas described in Section 1 of this ordinance, regardless of whether any part of such described areas is hereby not effectively annexed to the City for limited purposes. 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 for limited purposes any area that is presently part of and included within the limits of the City of Fort Worth, or that is presently part of and included within the limits of any other city, town or village, or that is not within the City of Fort Worth's jurisdiction to annex for limited purposes, the same is hereby excluded and excepted from the territory to be annexed hereby for limited purposes as fully as if such excluded and excepted area were expressly described herein. SECTION 8. That this ordinance sha11 take effect upon adoption. APPROVED AS TO FORM AND LEGALITY: ~~52..~.~Q-- Mar ella 01son, Deputy City Attorney ADOPTED AND EFFECTIVE: ~~ '~ 16 XI 1' FJI~ 44 J~ 44 287 ~~te N "'''~ 3000 0 3000 Feet December 2~(~2 Exhibit ~B" 2~7 Z®>~~ ~eg~i~t®~y ~1~.~ Regulatory Ordinances 'To Be Enforced in Annexation Area The following planning, zoning, health and safety ordinances will be enforced in the area if the area is annexed for limited purposes: Zoning Ordinance (Ord. No. 13896 and all subsequent amendments) (Appendix A to City Code) Building Code (Ord. No. 14646) (Sections 7-46 through 7-49 of the City Code) Mechanical Code (Ord. No. 14647) (Sections 7-166 through 7-169 of the City Code) Plumbing Code (Ord. No. 14648) (Sections 26-1 through 26-4 of the City Code) Residential Code (Ord. No. 14649, as amended by Texas Senate Bill 365) (Sections 7-61 through 7-64 of the City Code) Electrical Code (Ord. No. 14650) (Sections 11-1 through 11-4 of the City Code) Energy Code (Ord. No. 14883) (Sections 7-41 through 7-44 of the City Code) Fire Code: The following chapters/sections of the 2000 Edition of the International Fire Code (adopted by Section 13-1 of Ord. No. 14652) and local amendments to such chapters/sections (adopted by Section 13-2 of Ord. No. 14652) and excluding all other chapters and sections: • Chapter 1 (Administration), excluding Sections 104.10 (Fire Investigations), 104.10.1 (Assistance from Other Agencies), and 104.11 (Authority at Fires and Other Emergencies), Section 105.1.2, Item #1 (Operational Permits), and all sections related to Item #1, and Section 105.6 (Required Operational Permits); • Chapter 2 (Definitions); • Chapter 5 (Fire Service Features), excluding Sections 506 (Key Boxes), 508 (Fire Protection Water Supplies) and 509 (Fire Command Center); • Chapter 6 (Building Services and Systems); • Chapter 7 (Fire Resistance Rated Construction); • Chapter 8 (Interior Finish, Decorative Materials and Furnishings), Section 806 only; • Chapter 9 (Fire Protection System); • Chapter 22 (Service Stations and Repair Garages), excluding Section 2205 (Operational Requirements); • Chapter 23 (High- Piled Combustible Storage), excluding Section 2305 (Housekeeping and Maintenance); • Chapter 45 (Referenced Standards); and • Appendix I (Installation of Fire Service Features, Fire Protection Systems and Tanks) Gas Drilling and Production Code (Ord. No. 14880) (Sections 15-30 through 15-48 of the City Code) Minimum Building Standards Code (Ord. No. 13743) (Sections 7-66 through 7-126 of the City Code) Environmental Protection and Compliance Code (Ord. No. 12274), Article 1, Divisions 1-3 (Administration and Enforcement, Sections 12.5-100 through 12.5-123 of the City Code), Article II (Air Quality, Sections 12.5-200 through 12.5-211 of the City Code) and Article III (Stormwater Protection) (Sections 12.5-300 through 12.5-321 of the City Code) Health Code: The following sections of the City Code relating to review of construction plans for food establishments, day care centers and public swimming pools: • Sections 16-114 (a), (b) and (c) and Section 16-115 ((Food Establishments, Ord. No. 12553) • Sections 16-421, 16-428 and 16-437 (Day Care Centers, Ord. 11209) • Sections 16-456, 16-458, 16-460(b)(1) and (f)(3) and 16-462 (a), (b), (c) and (d) (Public Swimming Pools, Ord. 12156) and all subsequent amendments and replacement ordinances. The City has used its best efforts to provide accurate references to the City Code sections in which the ordinances described above are codified. Any failure to list all relevant City Code references is inadvertent and will not affect enforcement of the ordinances by the City. Future Full Purpose Annexation The area will be annexed for full purposes on or before November 28, 2005. 2 Amended January 13, 2004 Exhibit "B" 287 Zone Regulatory Plan Regulatory Ordinances To Be Enforced in Annexation Area The following planning, zoning, health and safety ordinances will be enforced in the area if the area is annexed for limited purposes: _ _ __ ,.. _ _ Subdivision Ordinance (Ord. No. 7234 and all subsequent amenchnents) codified as Chapter 31 of the City Code, Plan Colmilission Rules and Regulations, Master: Thoroughfare Plan, and related subdivision regulations and infiastructlue standards, Zoning Ordinance (Ord. INTO. 13896 and all subsequent amendments) (Appendix A to City Code), tivith the exception of Section 4.103(5) Building Code (Ord. No. 14646) (Sections 7-46 tluough 7-49 of the City Code) Mechanical Code (Ord. No. 14647) (Sections 7-166 tluough 7-169 of the City Code) Phunbing Code (Ord. No. 14648) (Sections 26-1 through 26-4 of the City Code) Residential Code (Ord. No. 14649, as amended by Texas Senate Bill 365) (Sections 7-61 through 7-64 of the City Code) Electrical Code (Ord. No. 14650) (Sections 11-1 through 11-4 of the City Code) Energy Code (Ord. No. 14883) (Sections 7-41 through 7-44 of the City Code) Fire Code: The following chapters/sections of the 2000 Edition of the International Fire Code (adopted by Section 13-1 of Ord. No. 14652) and local amendments to such chapters/sections (adopted by Section 13-2 of Ord. No. 14652) and excluding all other chapters and sections: • Chapter 1 (Administration), excluding Sections 104.10 (Fire Investigations), 104.10.1 (Assistance from Other Agencies), and 104.11 (Authority at Fires and Other Emergencies), Section 105.1.2, Item #1 (Operational Permits), and all sections related to Item #1, and Section 105.6 (Required Operational Pern~its); • Chapter 2 (Defnutions); • Chapter 5 (Fire Service Features), excluding Sections 506 (Key Boxes), 508 (Fire Protection Water Supplies) and 509 (Fire Command Center); • Chapter 6 (Building Services and Systems); • Chapter 7 (Fire Resistance Rated Constn~ction); • Chapter 8 (Interior Fiiush, Decorative Materials and Furnishings), Section 806 only; • Chapter 9 (Fire Protection System); • Chapter 22 (Service Stations and Repair Garages), excluding Section 22Q5 :~~,~~,~~ _` (Operational Requirements); ~~~ ~ ~ ~~ r ~, ~ ~,,,;-, • Chapter 23 (High- Piled Combustible Storage), excluding Section 23 5~' ~~ ~~`'~ ~~~~ ~~ ~"G~'~~" (Housekeeping and Maintenance); ~ ~ ~ 4e ~, r • Chapter 45 (Referenced Standards); and ti ~~"iln ~~ ~ ~~~j'i~~~ `~~~~~ • Appendix I (Installation of Fire Service Features, Fire Protection Systems and Tanks) Gas Drilling and Production Code (Ord. No. 14880) (Sections 15-30 through 15-48 of the City Code) Minimum Building Standards Code (Ord. No. 13743) (Sections 7-66 through 7-126 of the City Code) Environmental Protection and Compliance Code (Ord. No. 12274), Article 1, Divisions 1-3 (Administration and Enforcement, Sections 12.5-100 through 12.5-123 of the City Code), Article II (Air Quality, Sections 12.5-200 through 12.5-211 of the City Code) and Article III (Stormwater Protection) (Sections 12.5-300 through 12.5-321 of the City Code) Health Code: The following sections of the City Code relating to review of construction plans for food establishments, day care centers and public swirmning pools: • Sections 16-114 (a), (b) and (c) and Section 16-115 ((Food Establishments, Ord. No. 12553) • Sections 16-421, 16-428 and 16-437 (Day Care Centers, Ord. 11209) • Sections 16-456, 16-458, 16-460(b)(1) and (f)(3) and 16-462 (a), (b), (c) and (d) (Public Swimming Pools, Ord. 12156) and all subsequent amendments and replacement ordinances. The City has used its best efforts to provide accurate references to the City Code sections in which the ordinances described above are codified. Any failure to list all relevant City Code references is inadvertent and will not affect enforcement of the ordinances by the City. Future Full Purpose Annexation The area will be annexed for full purposes on or before November 28, 2005. 2 C®ty of Fort VI/orth, ?°exas Mayor and Council Communication COUNCIL ACTION: Approved on 1/13/2004 DATE: Tuesday, January 13, 2004 LOG NAME: 06287 RP REFERENCE NO.: **PZ-2518 SUBJECT: Amendment of Regulatory Plan for Limited Purpose Annexation of Approximately 7,744 Acres Located West of IH-35 and North and South of US Highway 287 (287 Zone) (Annexation Case No. AX-02-0009) RECOMMENDATION: It is recommended that the City Council adopt the attached Exhibit "B" amending the regulatory plan for the limited purpose annexation of the 287 Zone in order to exempt parcels of five acres or greater from platting requirements, provided each parcel has access and no public improvement is being dedicated, and to clarify that the City's subdivision regulations apply in the area. DISCUSSION: On January 7, 2003, the City Council adopted Ordinance No. 15389 annexing approximately 7,744 acres along US Highway 287 for limited purposes (M&C PZ-2438). As required by state law, the City Council also approved a regulatory plan that identifies November 28, 2005 as the deadline for.annexing the area for full purposes and identifies the planning, zoning, health and safety ordinances that will be enforced in the area. The regulatory plan is attached to Ordinance No. 15389 as Exhibit "B". Prior to the limited purpose annexation, the 287 Zone was in the City's extraterritorial jurisdiction (ETJ). As allowed by state law, the City enforces its subdivision regulations in the ETJ, including the 287 Zone, as well as within the City limits. State law provides that a division of land into parts greater than five acres does not require a plat, so long as each each part has access and no public improvement is being dedicated. However, Section 4.103(5) of the zoning ordinance provides that a building permit will not be issued for any structure unless the structure is located on a platted lot. The regulatory plan reflects that the City will enforce its building permit requirements and zoning ordinance in the 287 Zone. The effect of enforcing Section 4.103(5) of the zoning ordinance in the 287 Zone is that a property owner in the 287 Zone may not obtain a permit to construct a structure on a parcel that is greater than five acres in size without platting the parcel, even if the parcel has access and no public improvement is being dedicated. Enforcement of Section 4.103(5) presents an impediment to development in the 287 Zone. Adoption of the attached revised regulatory plan amending Exhibit "B" to Ordinance No. 15389 will delete Section 4.103(5) of the zoning ordinance from the list of ordinances that are enforced in the 287 Zone. As a result, owners of property in the 287 Zone may obtain building permits for parcels that are greater than five acres in size without platting the property, provided the parcel has access and no public improvement is being dedicated. In addition, the revised plan clarifies that the City's subdivision regulations apply in the 287 Zone. FISCAL INFORMATION/CERTIFICATION: Logname: 06287 RP Page 1 of 2 The Finance Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office bk Reid Rector (6140) Originating Department Head: Bob Riley (8901) Additional Information Contact: Bob Riley (8901) Logname: 06287 RP Page 2 of 2 C'aty of ~'o~t Worth, Texas or ~d eoa~ci~ ~~ r~Nieu~ioM DATE REFERENCE NUMBER LOG NAME PAGE 12/10/02 PZ-2438 06AX-02-0009 1 of 2 SUBJECT ADOPTION OF ORDINANCE ANNEXING APPROXIMATELY 7,744 ACRES LOCATED WEST OF IH35 AND NORTH AND SOUTH OF U.S. HIGHWAY 287, AS SHOWN ON EXHIBIT "B" (287 ZONE), FOR LIMITED PURPOSES AND ADOPTING REGULATORY PLAN (ANNEXATION CASE NO. AX-02-0009) RECOMMENDATION: It is recommended that the City Council approve the attached ordinance annexing approximately 7,744 acres in the area known as the 287 Zone, as described in the attached exhibits, for limited purposes and adopting a regulatory plan for the area. DISCUSSION: On August 27, 2002 (M&C PZ-2411), the City Council approved the timetable for annexing approximately 13,065 acres located west of IH35 and north and south of U.S. Highway 287 for limited purposes. The area has been referred to as the "287 Zone". Public hearings concerning the proposed annexation were held as required by state law on October 1 and 15, 2002. On October 15, 2002, at the direction of the City Council, City staff presented an alternate proposal to reduce the area proposed for limited purpose annexation from 13,065 acres to three areas totaling 7,744 acres. The limited purpose annexation was instituted on November 5, 2002. Adoption of the attached ordinance completes the limited purpose annexation process and approves a regulatory plan for the area. The regulatory plan identifies the regulations that will be enforced in the area and states the date by which the area will be annexed for full purposes. Pursuant to state law, if the area is annexed for limited purposes, residents of the area would be eligible to vote in City Council and charter amendment elections, but would not be eligible to vote in bond elections, or to run for or be elected to a City office. The subject property is contiguous to COUNCIL DISTRICTS 2 and 7. It is recommended that the property be included in COUNCIL DISTRICT 7. City ®f'.~'®~t T~V'®~t`h, Texas Mayor d Cots ct@ C ieMI~A~ION DATE 12/10/02 REFERENCE NUMBER PZ-2438 LOG NAME 06AX-02-0009 PAGE 2 of 2 suB~ECT ADOPTION OF ORDINANCE ANNEXING APPROXIMATELY 7,744 ACRES LOCATED WEST OF IH35 AND NORTH AND SOUTH OF U.S. HIGHWAY 287, AS SHOWN ON EXHIBIT "B" (287 ZONE), FOR LIMITED PURPOSES AND ADOPTING REGULATORY PLAN ANNEXATION CASE NO. AX-02-0009 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. RR:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Reid Rector 6140 Originating Department Head: Bob Riley 8901 (from) APPROVED 01/07/03 ORD.# 15389 Additional Information Contact: Cathy Davidson 8030