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HomeMy WebLinkAbout27177-09-2024 - City Council - Ordinance (2)ORDINANCE NO. 27177-09-2024 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 61.754 ACRES, MORE OR LESS, OUT OF LAND SITUATED IN THE JOHN KORTICKY SURVEY, ABSTRACT NO. 914, TARRANT COUNTY, TEXAS, BEING A PORTION OF TRACT 1 AND TRACT 2, AS DESCRIBED IN DEED TO CROWLEY INDEPENDENT SCHOOL DISTRICT (CROWLEY ISD), ACCORDING TO THE DEED FILED IN INSTRUMENT #D2074 16955, DEED RECORDS OF TARRANT COUNTY, TEXAS (D.R.T.C.T.), BEING A PORTION OF A TRACT OF LAND DESCRIBED IN DEED TO TEXAS ELECTRIC SERVICE COMPANY (TESCO), RECORDED IN VOLUME 3564, PAGE 577, D.R.T.C.T., ALSO BEING A PORTION OF WEST CLEBURNE ROAD (COUNTY ROAD 1035), A VARIABLE WIDTH RIGHT-OF- WAY, PUBLIC RECORDS OF TARRANT COUNTY, TEXAS, (CASE NO. AX -24-004) 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 Crowley Independent School District and Oncor, the owner, requesting the full -purpose annexation of 61.754 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, Crowley Independent School District and Oncor, and the City negotiated and entered into a written agreement, City Secretary Contract No. 62013, for the provisions of municipal services in the area; and WHEREAS, the City conducted one public hearing at which members of the public /who wished to present testimony or evidence regarding the Municipal Service Agreement and Full -Purpose Annexation were given the opportunity to do so, in accordance with the procedural requirements of Section 43.0673 of the Local Government Code on. September 17, 2024 at 6:00 p.m., at the City Council Chamber; 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 61.754 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 61.754 acres of land situated in the John Korticky Survey, Abstract No. 914, Tarrant County, Texas, being a portion of Tract 1 and Tract 2, as described in deed to Crowley Independent School District (Crowley ISD), according to the deed filed in Instrument #D2074 I 6955, Deed Records of Tarrant County, Texas (D.R.T.C.T.), being a portion of a tract of land described in deed to Texas Electric Service Company (TESCO), recorded in Volume 3564, Page 577, D.R.T.C.T., also being a portion of West Cleburne Road (County Road 1035), a variable width right-of-way, and being more particularly described by metes and bounds as follows: BEGINNING at the northeast corner of said TESCO tract (Volume 3564, Page 577), also being the northwest comer of a tract of land described in deed to TESCO, recorded in Volume 3554, Page 613, D.R.T.C.T., also being the most easterly southeast corner of a 194.167 acre tract of land annexed by the City of Fort Worth, as recorded in City of Fort Worth Ordinance #13578, also being in the most westerly line of a 79.08 acre tract of land annexed by the City of Fort Worth, as recorded in City of Fort Worth Ordinance #9471, and also being in the approximate centerline of said West Cleburne Road; THENCE S 00°27'08" E, along the cast line of said TESCO tract (Volume 3564, Page 577), along the west line of said TESCO tract (Volume 3554, Page 613), along the most westerly line of said 79.08 acre tract, and along the approximate centerline of said West Cleburne Road, a distance of 149.74 feet to a Mag nail found at the southeast corner of said TESCO tract (Volume 3564, Page 577), also being the southwest corner of said TESCO tract (Volume 3554, Page 613), from which a TESCO monument found at the most northerly northeast corner of said Tract 2 bears S 88°42'06" W, a distance of 25.11 feet; Annexation —AX-24-004 Ordinance No. 27177-09-2024 THENCE S 00°27'08" E, continuing along the most westerly line of said 79.08 acre tract, and along the approximate center line of said West Cleburne Road, at a distance of 262.66 feet, passing the most easterly northeast corner of said Tract 2, continuing along the east line of said Tract 2, in all, a distance of 659.57 feet to the southwest corner of said 79.08 acre tract, and being in the north line of a 52.357 acre tract of land annexed by the City of Fort Worth, as described in City of Fort Worth Ordinance #9581; THENCE S 89°43'25" W, leaving the approximate centerline of said West Cleburne Road and the most easterly line of said Tract 2, continuing along the north line of said 52.357 acre tract, a distance of 25.90 feet to the northwest corner of said 52.357 acre tract, and being in the west line of said West Cleburne Road; THENCE continuing along the west line of said 52.357 acre tract, and along the west line of said West Cleburne Road, the following courses and distances; S 00°31'55" E, a distance of 326.78 feet; S 00°33'55" E, at a distance of 103.60 feet, passing a 5/8 inch iron found in the south line of Tract 2, and being in the north line of Tract 1, in all, a distance of 617.61 feet to a 5/8 inch iron rod found in the south line of said Tract 1, and being in the north line of a 40.043 acre tract of land annexed by the City of Fort Worth, as recorded in City of Fort Worth Ordinance #24148- 04-2020; THENCE S 89°08'07" W, leaving the west line of said 52.357 acre tract, continuing along the north line of said 40.043 acre tract and the south line of said Tract 1, at a distance of 14.80 feet, passing a 5/8 inch iron rod with cap stamped "LJA Surveying" found at the northeast comer of Lot 2X, Block 4, Deer Creek, an addition to the City of Fort Worth, Tarrant, County, Texas, recorded in Instrument #D222058562, Plat Records of Tarrant County, Texas (P.R.T.C.T.), and continuing along the north line of Blocks 4 & 5 of said Deer Creek, in all, a distance of 1673.28 feet to the southwest comer of said Tract 1, also being the northwest comer of Lot 1 of said Block 5, Deer Creek, and also being in the east line of a tract of land described in deed to Dependable Builders, LLC, recorded in Instrument #D221376640, D.R.T.C.T., from which a 5/8 inch iron rod with cap stamped "LJA Surveying" found bears N 89°08' 11" E, a distance of 0.28 feet; THENCE N 00°00' 16" W, along the west line of said Tracts I & 2, and along the east line of said Dependable Builders, LLC tract, at a distance of 12.43 feet, passing a 1 inch iron rod found at the northeast corner of said Dependable Builders, LLC tract, also being the southeast comer of Lot 15, Block 2, Panther Heights (Phase 2), an addition to the City of Fort Worth, Tarrant County, Texas, recorded in Cabinet A, Slide 7768, P.R.T.C.T., and also being the southeast corner of said 194.167 acre tract, and continuing along the east line of said 194.167 acre tract, and along the east line of said Blocks 2 & 3 of said Panther Heights (Phase 2), at a distance of 1455.67 feet, passing a 3/4 inch iron rod found at the northwest corner of said Tract 2, also being the northeast corner of Lot 13 of said Block 3, Panther Heights (Phase 2), and also being in the south line of said TESCO tract (Volume 3564, Page 577), continuing over and across said TESCO tract (Volume 3564, Page 577), in all, a distance of 1605.70 feet to the north line of said TESCO tract (Volume 3564, Page 577), also being in the south line of Block 3 of Annexation —AX-24-004 Ordinance No. 27177-09-2024 Panther Heights, an addition to the City of Fort Worth, Tarrant County, Texas, recorded in Cabinet A, Slide 5064, P.R.T.C.T.; THENCE N 89011'55" E, along the north line of said TESCO tract (Volume 3564, Page 577), and along the south line of said Block 3, Panther Heights (Cabinet A, Slide 5064), a distance of 1684.95 feet to the POINT OF BEGINNING and containing 61.754 acres of land. SECTION 2. The above described territory is shown on Map Exhibit A attached hereto and expressly incorporated herein by reference for the purpose of depicting the location of the hereinabove described territory. SECTION 3. That the above described territory hereby annexed shall be part of the City of Fort Worth, Texas, and the property so added hereby shall bear its pro rata part of the taxes levied by the City of Fort Worth, Texas, and the inhabitants thereof shall be entitled to all of the rights and privileges of all the citizens in accordance with the Municipal Services Agreement and shall be bound by the acts, ordinances, resolutions and regulations of the City of Fort Worth, Texas. SECTION 4. That the Municipal Services Agreement attached hereto as Exhibit "B" is approved and incorporated into this ordinance for all purposes. SECTION 5. CUMULATIVE CLAUSE This ordinance amends every prior ordinance in conflict herewith, but as to all other ordinances or sections of ordinances not in direct conflict, this ordinance shall be, and the same is hereby made cumulative. SECTION 6. SEVERABILITY 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. Annexation —AX-24-004 Ordinance No. 27177-09-2024 SECTION 7. SAVING CLAUSE The City Council hereby declares it to be its purpose to annex to the City of Fort Worth every part of the area described in Section 1 of this ordinance, regardless of whether any part of such described area is hereby not effectively annexed to the City. Should this ordinance for any reason be ineffective as to any part or parts of the area hereby annexed to the City of Fort Worth for full purposes, the ineffectiveness of this ordinance as to any such part or parts shall not affect the effectiveness of this ordinance as to the remainder of such area. SECTION S. EFFECTIVE DATE This ordinance shall be in full force and effect upon adoption. APPROVED AS TO FORM AND LEGALITY: Melinda Ramos Jannette S. Goodall Deputy City Attorney City Secretary ADOPTED AND EFFECTIVE: September 17, 2024 VP Annexation —AX-24-004 Ordinance No. 27177-09-2024 LS-' 5/8CIRF ,JA SURVEYING' (191. 167 Ac) ANNflON BY CITY OF FT. WORTH s \ ik* , " ', '+ P.O.B. ORDINWCE Nr357s, \I T '� 89'1 S00'27'08E "V0L �� 3/4' IRF v.F"T.C.T. — VOL.35 .577 149.74' L3 D.RlT.C. we tali \ MONUMENT rp S0O27'O8 `� SURVEY INST /Dz ]COR�'t� N4 CBS Ot0 t (M-08 Ac) ANNEXA7TON BY N cm of FT. woRrxn ORDINANCE /9471 C EAAONe55/ p TRACT 2 CROWLEY INDEPENDEM SCHOOL t715TRICT Li CRY OF FT, NORTH aRDINWCE /13578 \ u P1 rQ° INST, j0207476955 6 61.754 Ac. CROWLEY INDEPENDENT SCHOOL DISTRICT INST. /020716955 aR T.C.T. 1J 5/8' iRF -, - is •• M cn q ANNEX4RON BY CITY OF F1 WORTH ORDINANCE /9581 I LINE TABLE # DIRECTION LENGTH L1 S89'43'25"W 25.90' L2 50031'55"E 326.78' L3 S88'42'06W 25.11' L4 S0033'55E 103.60' L5 N89'08'1 1 "E 0.28' L6 N0000'16"W 12.43' L7 NO0'00'16'W 150.13' IN DL jJ • i •.....•.......•.....R.. ' THERON w. SIDS \-0 5887 -r S 9�4�•SUR`1�� } 1 1RF S89'0807W 1673.28 't.U4 su/RVEnNc 1 ! ...... • • . _ eLx s • etx 4:. ':..:. :14.80. —1/2' 1RF TEXAS REGISTRATION 5887 ............. .:..'.a.. , .r�.._.' , :...:.. ANNE7AT?ON 8Y :'.. .'..':.'.:'.':.5/8' IRF .:: , 1U DJa. ' :8 CITY 07 71 W17R 'I :':.LOT 2 BLOCK 4.................... OPEN SPACE & DATE: JUNE 20, 2024 .: . ORDINANCE s f 18-01- OP C '�+'�;.. r ,•,,,,,,,,,,., ..... �. ::. E /2 2010 ::: OPEN SPACE •� URAINACE EASEMENT DEPEhrLNBLE BWLDERS uc :::.. ' •' D ..':: INST. /D223r53232 SURVEYED ON THE GROUND INST. #02.27376640 `" ` .T.C,T. FEBRUARY 8, 2024 Tj INST 02220158562 PR :.:':..: :. A NEflC TI0 OF 'This doeumcnt was prepared coder 22 Texas Administrative SCALE: 1 "=300' 51 754 ACRES OF LAND Code 138.95, does not reflect the resultsor st an sonh the ground teague mall a perkins . 6uCYey, and is not to be used to wavry or establish interests in t np SR77N.ttlr.nld.9dvi,S"Ih100 real property except those rights and interests implied or P ., Wunh, T.1. 76137 established by the creation or reconfiguration of the boundary 117.336.3773 ph 817.3]x7766 t1 Situated in the John Korticky Survey, Abstract No. 914, of the political subdivision for which it was prepared,' Y w n f Taf•LS l.glatrug.n Nn. 100116-00 Tarrant County, Texas. 308 No. CS!) 23609 SHEET 3 OF 3' Exhibit B Municipal Services Agreement Annexation —AX-24-004 Ordinance No. 27177-09-2024 AX -24-004 Exhibit A Approximately 61.754 Acres Adjacent to Council District 6 ( . . Ij ' ASSAF3AS Lake 37 Frer7ch Lake GI ¢ Lak Ben �'' Tarrant i I Johnso 774 . ' 10MC-,iO V RDE.. :::,j ..: lilt�Illl!{I�_ E ER1Y HIiIth1U Q Lu O Ai Master Thoroughfare Plan Land Use Neighborhood Connector 0 Adjacent Cities Fort Worth L_I Full Purpose Limited Purpose Extraterritorial Jurisdiction ■ Subject Area 400 800 Feet 1:6.000 'I I I I I I 1 I I FOr� H. Planning & Development Oeparrmenf 06/21/2024 COPYRIGHT 2024 CITY OF FORT WORTH UNAUTHORIZED REPRODUCTION IS A 4 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 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 CSC No. 62013 MUNICIPAL SERVICES AGREEMENT BETWEEN THE CITY OF FORT WORTH, TEXAS AND CROWLEY INDEPENDENT SCHOOL DISTRICT AND ONCOR ELECTRIC DELIVERY CO, LLC This Municipal Services Agreement ("Agreement") is entered into on 17th day of September , 2024 by and between the City of Fort Worth, Texas, a home -rule municipality of the State of Texas, ("City") and Crowley Independent School District and Oncor Electric Delivery Co., LLC ("Owner"). RECITALS The parties agree that the following recitals are true and correct and form the basis upon which the parties have entered into this Agreement. WHEREAS, Section 43.0671 of the LGC permits the City to annex an area if each owner of land in an area requests the annexation; WHEREAS, where the City elects to annex such an area, the City is required to enter into a written agreement with the property owner(s) that sets forth the City services to be provided for the Property on or after the effective date of annexation (the "Effective Date"); WHEREAS, Owner owns certain parcels of land situated in TARRANT County, Texas, which consists of approximately 61.754 acres of land in the City's extraterritorial jurisdiction, such property being more particularly described and set forth in Exhibit "A" attached and incorporated herein by reference ("Property"); WHEREAS, Owner has filed a written request with the City for full -purpose annexation of the Property, identified as Annexation Case No. AX -24-004 ("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. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Owner -Initiated Annexation Service Agreement I of 12 2. INTENT. It is the intent of the City that this Agreement provide for the delivery of full, available municipal services to the Property in accordance with state law, which may be accomplished through any means permitted by law. For purposes of this Agreement, `'full municipal services" means all services provided by the City within its full -purpose boundaries, including water and wastewater services and excluding gas or electrical service. 3. MUNICIPAL SERVICES. a. Commencing on the Effective Date, the City will provide the municipal services set forth below. As used in this Agreement, "providing services" includes having services provided by any method or means by which the City may extend municipal services to any other area of the City, including the City's infrastructure extension policies and developer or property owner participation in accordance with applicable city ordinances, rules, regulations, and policies. i. Fire — The City's Fire Department will provide emergency and fire protection services comparable with the provision of services available in other parts of the municipality with topography,. land use and population density similar to the level of service contemplated or projected in the area. ii. Police -- The City's Police Department will provide protection and law enforcement services. iii. Emergency Medical Services — The City's Fire Department and MedStar (or other entity engaged by the City after the Effective Date) will provide emergency medical services. iv. Planning and Zoning — The City's Development Services Department will provide comprehensive planning, land development, land use, and building review and inspection services in accordance with all applicable laws, rules, and regulations. v. Parks and Recreational Facilities — Residents of the Property will be permitted to utilize all existing publicly -owned parks and recreational facilities and all such facilities acquired or constructed after the Effective Date (including community service facilities, libraries, swimming pools, etc.), throughout the City. Any private parks, facilities, and buildings will be unaffected by the annexation; provided, however, that the City will provide for maintenance and operation of the same upon acceptance of legal title thereto by the City and appropriations therefor. In the event the City acquires any other parks, facilities, or buildings necessary for City services within the Property, the appropriate City department will provide maintenance and operations of the same. vi. Other Publicly Owned Buildings — Residents of the Property will be permitted to use all other publicly owned buildings and facilities where the public is granted access. vii. Stormwater Utility Services — The Property will be included in the City's Stormwater Utility service area and will be assessed a monthly fee based on the amount of impervious surface. The fees will cover the direct and indirect costs of stormwater management services. viii. Roads and Streets (including Street lighting) — The City's Transportation and Public Works Department will maintain the public streets and streetlights over which the City has jurisdiction. The City will provide regulatory signage Owner -Initiated Annexation Service Agreement 2 or 12 services in accordance with the City policies and procedures and applicable laws. ix. Water and Wastewater to Existing Structures — Occupied structures that are using water -well and on -site sewer facilities on the Effective Date may continue to use the same. If a property owner desires to connect an existing structure to the City water and sewer system, then the owner may request a connection and receive up to 200 linear feet of water and sewer extension at the City's cost for each occupied lot or tract in accordance with the City's "Policy for the Installation of Community Facilities" and applicable law. Once connected to the City's water and sanitary sewer mains, the water and sanitary sewage service will be provided by the City at rates established by City ordinances for such service. x. Solid Waste Services — The City will provide solid waste collection services in accordance with existing City ordinances and policies, except where prohibited by law. xi. Code Compliance — The City's Code Department will provide education, enforcement, and abatement relating to code violations within the Property. xii. Full Municipal Services — Commencing on the Effective Date, the City will provide to the Property all services provided by the City within its full -purpose boundaries and not otherwise listed above, except as provided in Section 3(b). b. The City will provide water service and wastewater treatment service to developments established after the Effective Date in accordance with, and on the schedule determined by, the City's extension policies and applicable law and at rates established by City ordinances for such services. c. It is understood and agreed that the City is not required to provide a service that is not included in this Agreement. d. Owner understands and acknowledges that the City departments listed above may change names or be re -organized by the City Manager. Any reference to a specific department also includes any subsequent City department that will provide the same or similar services. 4. SERVICE LEVEL. The City will provide the Property with a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City with topography, land use, and population density similar to those reasonably contemplated or projected for the Property. 5. AUTHORITY. City and Owner represent that they have full power, authority and legal right to execute, deliver and perform their obligations pursuant to this Agreement. Owner acknowledges that approval of the Annexation Case is within the sole jurisdiction of the City Council. Nothing in this Agreement guarantees favorable decisions by the City Council. 6. SEVERABILITY. If any part, term, or provision of this Agreement is held by the courts to be illegal, invalid, or otherwise unenforceable, such illegality, invalidity, or unenforceability will not affect the validity of any other part, term or provision, and the rights of the parties will be construed as if the part, term, or provision was never part of the Agreement. Owner -Initiated Annexation Service Agreement 3 of 12 7. INTERPRETATION. The parties to this Agreement covenant and agree that in any litigation relating to this Agreement, the terms and conditions of the Agreement will be interpreted according to the laws of the State of Texas. The parties acknowledge that they are of equal bargaining power and that each of them was represented by legal counsel in the negotiation and drafting of this Agreement. S. GOVERNING LAW AND VENUE. Venue shall be in the state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division and construed in conformity with the provisions of Texas Local Government Code Chapter 43. 9. NO WAIVER. The failure of either party to insist upon the performance of any term or provision of this Agreement or to exercise any right granted hereunder shall not constitute a waiver of that party's right to insist upon appropriate performance or to assert any such right on any future occasion. 10. GOVERNMENTAL POWERS. It is understood that by execution of this Agreement, the City does not waive or surrender any of its governmental powers or immunities. 11. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. 12. CAPTIONS. The captions to the various clauses of this Agreement are for informational purposes only and shall not alter the substance of the terms and conditions of this Agreement. 13. AGREEMENT BINDS AND BENEFITS SUCCESSORS AND RUNS WITH THE LAND. This Agreement is binding on and inures to the benefit of the parties, their successors, and assigns. The term of this Agreement constitutes covenants running with the land comprising the Property, is binding on the Owner and the City, and is enforceable by any current or future owner of any portion of the Property. 14. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties and supersedes all prior oral and written agreements between said parties. This Agreement shall not be amended unless executed in writing by both parties. Executed as of the day and year first above written to be effective on the effective date of annexation of the Property. b'%ner-Initiated Annexation Service A2rreernent 4 of 12 CITY OF FORT WORTH B'a � y• ❑ana RurvhAnff lSeo i4 2024 r4I CD7) Name: Dana Burandoff Assistant City Manager Approved as to Form and Legality: By: Name: Melinda Ramos Deputy City Attorney Der / Null By: Derek Hull (Sep 19,2024 1053 CDT) Name: Derek R. Hull Contract Manager boovvunb A L4a� as FOR>�� �� F0000000, rya By: °% Name: Jannette S. Goodall City Secretary Approvals: M&C: By: 24-0821 Ordinance No. By: 27177-09-2024 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Owner -Initiated Annexation Service Agreement ; of 12 State of Texas County of Tarrant 19th September 2024 This instrument was acknowledged before me on the day of by Dana Burghdoff, Assistant City Manager of the City of Fort Worth. a Texas municipal corporation, on behalf of said corporation. By: • Brooke Bennett f5ep 19.2024 11-52 CGTi Notary Public, State of Texas QBROOKE B©NNELL Notary PTE₹c STATE TEX AS XAS NO49ry I.D. 1340Q4625 My Comm. E;p. Oct 11. 6 owner -Initiated Annexaticm Sen ice Agreement 6 of 12 CROWLEY EPEN NT OL DISTRICT By: Name: Leon Fisher Title: CFO State ofd? County of ti This instrument was acknowledged before me on the _15___day of _ July 2 , by Leon Fisher, CFO, on behalf of Crowley ISD. B mcA M4W&Id BRENDA MAYFIELD Notary Public. State of ter, - c s Notary Public, State of Texas = _ �'•.}T, Comm. Expires 08-73-2025 C&dkt-Mia llotary ID 133268783 Owner -Initiated Annexation Service Agreement 7 of 12 ONCOR ELECTRIC D ELIVE RY CO, LLC Bv: Name. Title: R State of § County of(`r✓y" This instrument was acknowledged before me on the day of 90 ' by on behalf of c: nC, r By: Notary Public, State of ;::+4 PLATT TELLY Notary Public. '; STATE OF TEXAS +.-' ! ID# 133026152 "'' Mi Cnmm Ex p Apr. Owner -initiated Annexation Service Agreement 8 of 12 After Recording Return to: City Secretary City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 Owner -Initiated Annexation Service Agreement 9 of 12 0 ro ti �•� CfTY 17X• 17: H'DRTN II MJ' , '�. SUDS"S06I` ` ` P.O.B. 'ti ,� DIRECTION LENGTH " . 5' 84 7 �'5E. ' 684.9 S0027'08E ►w..355t. PG. 611 rESCo , , D,R.rc.r. {" L1 S8943'25"W 25.90' VDL. asst, PG. 577 149.74' .` �� X3/4' 1AF Z �` �i — a.Rrcr. — — S0031'55 -E 326.78' `'\ �\ .�•, � Mo UMW �' '� 1s D I 13 $6642.06"W 26.11' ` \` w \, Soo•2VOST rRAcr I L4 S00 33'55E 103.60' 13"Io��r� Na 914 262.88' ✓a�K XWST Rzz�or56sr• 15 N8908'11E 0.28' 1\ ti, �l' \ ' \ (7soe Ae) i� , A it I Lb NOO'OO.16'W 12.43' ,241.. `'`, AxNEGtnOx BY N X ; �. \ 10` \l$\\\ dp oiW f9HCRIN'-o ".> )t I L7 N0000'16'W 150.13' CRY DF ay `• b CRMEY 191DfPf]ND£MI 6936E r L1 `a yI '� g '� -J •8 �PTOX S'`.— ;`aRa�v+ux�'�/.r.u7d� a.R.rar, ,.� \ '"8 } `Y\w `,,p'' - �•Y...w`: \ / 77 . J . `l 7 ,w a ,�� .0 rr.. . 61.754 Ac. T�4. of \ \ w� �itZ;\14N 4�••' of w ;\ w o p; •• t 5 t fR ;!- — — — — — — J- ti 6N` tTHERON W�.SIM=... �r� ` ■ �- -,�0. �. I S 5887 t: ti '� TRACr r 34t... CROWLEY MVMDExr sc, o . Drsi r (52357 Ac) j €+7'� wsr D2o7r6935 AxxEYArrox 17v 2 ' �� 0A `?2 , uRrcr. MY of ft: WORM�i `--1 T�� ORDAKWE• /9581 ti '`v \ . `� ..... ' S89.08.07W 1673.28' •t.0 SURVEI'1MG'1 ti THERON W. SIMS. R,W 5. k 5 .•.. B 4:. ,4.8a. II 2• IRF TE)(AS REGISTRATION �VO� 5887 5 - cwF A .4..s (40043 i,e) :i' z ' ':ti'. �:: 11 v Ax)ExArxAv Or ' 5/s• mF .... ex LJA }'� . cm or a<r tPaRrlr .ior 2X, sioar I :::.:::.::, DATE JUNE 20. 20 4 suavErlNG• •' � +:• :':.. • o' • :•. ... oRDmuwcE /24144 -as -tom or'Ex SPACE oIN4 SPAC£ 2 '� '-: .; ..� � I awuwlcc EASEMENT a£Pt7uG18te 8!lRDEAS 11 C : /........................................'..'.......OW? Cr7£Ff ::::....'. INST. #0223153232 SURVEYED ON THE GROUND u15T. D22137664a •'.�'::� ::' :.'.:"::.:.:.':::.'::'.':..' :'7x57. #0222056562 :::.•. FR.rar. FEBRUARY 8, 2024 rtrar. ::.:: :'.:'.\'.':::.': '.' :'.::'- -�-:.':.': '::::':::::. ...... A.R. r.Ca. . •::: ':'. '. _ ANNEXA1TI0N OF This document was prepared under 22 Texas Admimtstrative SCALE: '�=3°°' g 1 754 ACRES OF LAND Code , andthy is not to be used to convey ar esla6lish inleruts in o real property except those rights and interests implied or iYa7 N. Riv.nk. @tw• sdl. too ished by the creation on or reconfiguration of the boundary at263Sph P17.7a7.77s6 -1.eN.eat Taa.a 761!7 Situated in the John Kortiestableky Survey, Abstract No. 914, of the political subdivision for which it was prepared. 7.31t p wMPinaaan JTPLf 8.latregen N..loott6-00 Tarrant County, Texas. JOS No. CSD 23609 SHEET .5 OF J,0 Psi EXHIBIT A Continued ANNEXATION DESCRIPTION Being 61.754 acres of land situated in the John Korticky Survey, Abstract No. 914, Tarrant County, Texas, being a portion of Tract I and Tract 2, as described in deed to Crowley Independent School District (Crowley ISD), according to the deed filed in Instrument #D207416955, Deed Records of Tarrant County, Texas (D.R.T.C.T.), being a portion of a tract of land described in deed to Texas Electric Service Company (TESCO), recorded in Volume 3564, Page 577, D.R.T.C.T., also being a portion of West Cleburne Road (County Road 1035), a variable width right-of-way, and being more particularly described by metes and bounds as follows: BEGINNING at the northeast corner of said TESCO tract (Volume 3564, Page 577), also being the northwest comer of a tract of land described in deed to TESCO, recorded in Volume 3554, Page 613, D.R.T.C.T., also being the most easterly southeast corner of a 194.167 acre tract of land annexed by the City of Fort Worth, as recorded in City of Fort Worth Ordinance 1113578, also being in the most westerly line of a 79.08 acre tract of land annexed by the City of Fort Worth, as recorded in City of Fort Worth Ordinance #9471, and also being in the approximate centerline of said West Cleburne Road; THENCE S 00°2708 E, along the east line of said TESCO tract (Volume 3564, Page 577), along the west line of said TESCO tract (Volume 3554, Page 613), along the most westerly line of said 79.08 acre tract, and along the approximate centerline of said West Cleburne Road, a distance of 149.74 feet to a Mag nail found at the southeast corner of said TESCO tract (Volume 3564, Page 577), also being the southwest comer of said TESCO tract (Volume 3554, Page 613), from which a TESCO monument found at the most northerly northeast corner of said Tract 2 bears S 88°42'06" W, a distance of 25.11 feet; THENCE S 00°27'08" E, continuing along the most westerly line of said 79.08 acre tract, and along the approximate center line of said West Cleburne Road, at a distance of 262.66 feet, passing the most easterly northeast corner of said Tract 2, continuing along the east line of said Tract 2, in all, a distance of 659.57 feet to the southwest corner of said 79.08 acre tract, and being in the north line of a 52.357 acre tract of land annexed by the City of Fort Worth, as described in City of Fort Worth Ordinance #9581; THENCE S 89°43'25" W, leaving the approximate centerline of said West Clebumc Road and the most easterly line of said Tract 2, continuing along the north line of said 52.357 acre tract, a distance of 25.90 feet to the northwest comer of said 52.357 acre tract, and being in the west line of said West Cleburne Road; THENCE continuing along the west line of said 52.357 acre tract, and along the west line of said West Cleburne Road, the following courses and distances; S 0013I'55" E, a distance of 326.78 feet; S 00°33'55" E, at a distance of 103.60 feet, passing a 518 inch iron found in the south line of Tract 2, and being in the north line of Tract 1, in all, a distance of 617.61 feet to a 5/8 inch iron rod found in the south line of said Tract 1, and being in the north line of a 40.043 acre tract of Sheet I of3 CSD 23609 Owner -Initiated Anne.ation Service Agreement Ii of 12 EXHIBIT A Continued land annexed by the City of Fort Worth, as recorded in City of Fort Worth Ordinance #24148- 04-2020; THENCE S 89°08'07" W, leaving the west line of said 52.357 acre tract, continuing along the north line of said 40.043 acre tract and the south line of said Tract 1, at a distance of 14.80 feet, passing a 518 inch iron rod with cap stamped 'LJA Surveying" found at the northeast corner of Lot 2X, Block 4, Deer Creek, an addition to the City of Fort Worth, Tarrant. County, Texas, recorded in Instrument ##D222058562, Plat Records of '['arrant County, Texas (P.R.T.C.T.), and continuing along the north line of Blocks 4 & 5 of said Deer Creek, in all, a distance of 1673.28 feet to the southwest comer of said Tract 1, also being the northwest corner of Lot I of said Block 5, Deer Creek, and also being in the east line of a tract of land described in deed to Dependable Builders, LLC, recorded in Instrument #D221376640, D.R.T.CT., from which a 518 inch iron rod with cap stamped "LJA Surveying" found bears N 89°08' 11" E, a distance of 0.28 feet; THENCE N 00°00']6" W, along the west line of said Tracts I & 2, and along the cast line of said Dependable Builders, LLC tract, at a distance of 12.43 feet, passing a 1 inch iron rod found at the northeast corner of said Dependable Builders, LLC tract, also being the southeast comer of Lot IS, Block 2, Panther Heights (Phase 2), an addition to the City of Fort Worth, Tarrant County, Texas, recorded in Cabinet A, Slide 7768, P.R.T.C.T., and also being the southeast corner of said 194.167 acre tract, and continuing along the east line of said 194.167 acre tract, and along the east line of said Blocks 2 & 3 of said Panther Heights (Phase 2), at a distance of 1455.67 feet, passing a 3/4 inch iron rod found at the northwest comer of said Tract 2, also being the northeast corner of Lot 13 of said Block 3, Panther Heights (Phase 2), and also being in the south line of said TESCO tract (Volume 3564, Page 577), continuing over and across said TESCO tract (Volume 3564. Page 577), in all, a distance of 1605.70 feet to the north line of said TESCO tract (Volume 3564, Page 577), also being in the south line of Block 3 of Panther Heights, an addition to the City of Fort Worth, Tarrant County, Texas, recorded in Cabinet A, Slide 5064, P.R.T.C.T.; THENCE N 89°11'55" E, along the north line of said TESCO tract (Volume 3564, Page 577), and along the south line of said Block 3, Panther Heights (Cabinet A, Slide 5064), a distance of 1684.95 feet to the POINT OF BEGINNING and containing 61.754 acres of land. ; r_i �r C C 1xeRON w. sus �• -^ — t7aba: June 20, 2024 ° 5887 rf Theron W.ms, R.P.L.5 {�Hcsrs�o Texas Registration No. 587 a SUAv Surveyed on the ground February 8, 2024 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 pfepared Sheet 2 of 3 CSD 23609 Owner -Initiated Annexation Service Agreement 12 of 12 City of Fort Worth, Texas Mayor and Council Communication DATE: 09/17/24 M&C FILE NUMBER: M&C 24-0821 LOG NAME: 06AX-24-004, CROWLEY MIDDLE SCHOOL NO.5, OWNER -INITIATED SUBJECT (Future CD 6) Conduct Public Hearing, Authorize Execution of Municipal Services Agreement and Adopt Ordinance for the Proposed Owner - Initiated Annexation of Approximately 61.754 Acres of Land in Tarrant County, Known as Crowley Middle School No. 5, Located South of Rancho Verde Parkway and West of Cleburne Road, in the Far Southwest Planning Sector, AX -24-004 (PUBLIC HEARING - a. Report of City Staff: Derek Hull; b. Public Comment; c. Council Action: Close Public Hearing and Act on the M&C) RECOMMENDATION: It is recommended that the City Council: 1. Conduct public hearing for the proposed owner -initiated annexation of approximately 61.754 acres of land in Tarrant County, known as Crowley Middle School No. 5, located south of Rancho Verde Parkway and west of Cleburne Road as shown on Exhibit A; 2. Authorize execution of Municipal Services Agreement between the City of Fort Worth and property owners, Crowley Independent School District and Oncor; and 3. Adopt ordinance annexing AX -24-004 for full purposes. DISCUSSION: On May 6, 2024, representatives for the property owners, Crowley Independent School District and Oncor, submitted a request for full -purpose annexation of the property shown on Exhibit A into the City of Fort Worth. The subject property is entirely located in the City's extraterritorial jurisdiction, which is in Tarrant County. The site is located south of Rancho Verde and west of Cleburne Road. This owner -initiated annexation, which contains approximately 61.754 acres, is experiencing urban development. The proposed annexation is consistent with the urban development annexation criteria as established by the City's Annexation Policy. The proposal site is also an enclave and the City and its citizens would benefit from a logical City limit boundary that provides for the orderly and efficient provision of services. The subject area is currently agricultural land with some infrastructure. A portion of the property containing 55.651 acres is proposed for educational uses as a middle school. The proposed zoning for these 55.651 acres is "CF" Community Facilities. The remaining 6.103 acres currently has electric transmission lines running its length and will default to "AG" Agricultural zoning. The proposed uses are consistent with the future land use map of the 2023 Comprehensive Plan. On August 14, the related zoning case (ZC-24-078) was heard by the Zoning Commission, and the commission voted to recommend approval of "CF" Community Facilities zoning to City Council. Subchapter C-3 of Chapter 43 of the Texas Local Government Code (LGC) provides for the process of annexation of an area upon a request of an owner of land. Section 43.0672 of the LGC requires a municipality that elects to annex an area upon the request of an owner first negotiate and enter into a written agreement with the owners of land in the area for the provision of municipal services. The agreement must include: 1. A list of each service the municipality will provide on the effective date of the annexation, and 2. A schedule that includes the period within which the municipality will provide each service that is not provided on the effective date of the annexation. The municipal services agreement includes these provisions in accordance with state law. The proposed uses were considered while assessing the financial impact to the General Fund. A fiscal impact analysis (FIA) was prepared by the FWLab Planning Division with the assistance of other City Departments. Based on the operating costs projected from the Police, Code Compliance and Transportation and Public Works Departments, the FWLab FIA has determined that the annexation will have a long-term negative impact to the General Fund. As a planned public school, there will be no property tax revenue generated from this annexation. The City is able to provide adequate municipal services upon annexation in accordance with State law, without negatively impacting service provision within the city. Due to the ability of this enclave area to meet the City's criteria for full -purpose annexation staff recommends approval of the requested owner -initiated annexation, AX -24-004. 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 authorizing the City Manager to execute the Municipal Services Agreement between the City and property owners, Crowley Independent School District and Oncor and adopt an ordinance annexing AX -24-004 for full purposes. Upon approval of the annexation request, the property will become part of COUNCIL DISTRICT 6. FISCAL INFORMATION ! CERTIFICATION: The Director of Finance certifies that approval of the above recommendations and adoption of the attached ordinance, the annexation will have a long-term negative impact to the General Fund. Submitted for City Manager's Office by: Dana Burghdoff 8018 Orirsinating Business Unit Head: D.J. Harrell 8032 Additional Information Contact: Expedited City of Fort Worth, Texas Mayor and Council Communication DATE: 09/17/24 M&C FILE NUMBER: M&C 24-0821 LOG NAME: 06AX-24-004, CROWLEY MIDDLE SCHOOL NO.5, OWNER -INITIATED SUBJECT (Future CD 6) Conduct Public Hearing, Authorize Execution of Municipal Services Agreement and Adopt Ordinance for the Proposed Owner - Initiated Annexation of Approximately 61.754 Acres of Land in Tarrant County, Known as Crowley Middle School No. 5, Located South of Rancho Verde Parkway and West of Cleburne Road, in the Far Southwest Planning Sector, AX -24-004 (PUBLIC HEARING - a. Report of City Staff: Derek Hull; b. Public Comment; c. Council Action: Close Public Hearing and Act on the M&C) RECOMMENDATION: It is recommended that the City Council: 1. Conduct public hearing for the proposed owner -initiated annexation of approximately 61.754 acres of land in Tarrant County, known as Crowley Middle School No. 5, located south of Rancho Verde Parkway and west of Clebume Road as shown on Exhibit A; 2. Authorize execution of Municipal Services Agreement between the City of Fort Worth and property owners, Crowley Independent School District and Oncor; and 3. Adopt ordinance annexing AX -24-004 for full purposes. DISCUSSION.. On May 6, 2024, representatives for the property owners, Crowley Independent School District and Oncor, submitted a request for full -purpose annexation of the property shown on Exhibit A into the City of Fort Worth. The subject property is entirely located in the City's extraterritorial jurisdiction, which is in Tarrant County. The site is located south of Rancho Verde and west of Clebume Road. This owner -initiated annexation, which contains approximately 61.754 acres, is experiencing urban development. The proposed annexation is consistent with the urban development annexation criteria as established by the City's Annexation Policy. The proposal site is also an enclave and the City and its citizens would benefit from a logical City limit boundary that provides for the orderly and efficient provision of services. The subject area is currently agricultural land with some infrastructure. A portion of the property containing 55.651 acres is proposed for educational uses as a middle school. The proposed zoning for these 55.651 acres is "CF" Community Facilities. The remaining 6.103 acres currently has electric transmission lines running its length and will default to "AG" Agricultural zoning. The proposed uses are consistent with the future land use map of the 2023 Comprehensive Plan. On August 14, the related zoning case (ZC-24-078) was heard by the Zoning Commission, and the commission voted to recommend approval of "CF" Community Facilities zoning to City Council. Subchapter C-3 of Chapter 43 of the Texas Local Government Code (LGC) provides for the process of annexation of an area upon a request of an owner of land. Section 43.0672 of the LGC requires a municipality that elects to annex an area upon the request of an owner first negotiate and enter into a written agreement with the owners of land in the area for the provision of municipal services. The agreement must include: 1. A list of each service the municipality will provide on the effective date of the annexation, and 2. A schedule that includes the period within which the municipality will provide each service that is not provided on the effective date of the annexation. The municipal services agreement includes these provisions in accordance with state law. The proposed uses were considered while assessing the financial impact to the General Fund. A fiscal impact analysis (FIA) was prepared by the FWLab Planning Division with the assistance of other City Departments. Based on the operating costs projected from the Police, Code Compliance and Transportation and Public Works Departments, the FWLab FIA has determined that the annexation will have a long-term negative impact to the General Fund. Asa planned public school, there will be no property tax revenue generated from this annexation. The City is able to provide adequate municipal services upon annexation in accordance with State law, without negatively impacting service provision within the city. Due to the ability of this enclave area to meet the City's criteria for full -purpose annexation staff recommends approval of the requested owner -initiated annexation, AX -24-004. 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 authorizing the City Manager to execute the Municipal Services Agreement between the City and property owners, Crowley Independent School District and Oncor and adopt an ordinance annexing AX -24-004 for full purposes. Upon approval of the annexation request, the property will become part of COUNCIL DISTRICT 6. FISCAL INFORMATION I CERTIFICATION: The Director of Finance certifies that approval of the above recommendations and adoption of the attached ordinance, the annexation will have a long-term negative impact to the General Fund. Submitted for City Manager's Office bv: Dana Burghdoff 8018 Oriainatine Business Unit Head: D.J. Harrell 8032 Additional Information Contact: Expedited