HomeMy WebLinkAboutContract 30106 "ITY SECRETARY
NCS . �C ICS ,
AGREEMENT FOR PROVISION OF SERVICES IN LIEU OF ANNEXATION
BETWEEN THE CITY OF FORT WORTH
AND REPRESENTATIVES OF THE EAGLE MOUNTAIN ZONE
This Agreement for Provision of Services in Lieu of Annexation(the "A egr ement")is made
as of the "day of :j l i `; , 2004, by the CITY OF FORT WORTH,TEXAS ("City")
and DICK ELKINS, DEBRA RAINDL, MARK RAINDL, CRAIG WALDROP and
DOROTHY WALDROP, individually and as representatives of the Eagle Mountain Zone
(collectively referred to in their individual and representative capacities as "Representatives').
RECITALS
A. The Fort Worth City Council ("City Council") approved the third amendment to the
City's municipal annexation plan on October 29, 2002, in accordance with Section
43.052,Texas Local Government Code,to identify approximately 1,238 acres identified
as the Eagle Mountain Zone as land the City may annex for full purposes during a 30-day
period beginning October 29, 2005, the third anniversary of the amendment of the plan.
B. The Eagle Mountain Zone consists of Area"A"and Area`B",as shown on Exhibit"A"
and more completely described in Exhibit`B" attached hereto.
C. Area "A" contains approximately 178 acres, is zoned "CF" Community Facilities,
"A-7.5" One-Family and "A-10" One-Family, and is undeveloped.
D. Area `B"contains approximately 1,060 acres, is zoned"AG"Agricultural, except for a
24-acre tract zoned"E"Neighborhood Commercial,and consists of vacant land,single-
family residences on large rural-style tracts, and one commercial business.
E. Areas"A"and`B"are separated by an existing residential subdivision in unincorporated
Tarrant County known as Harbour View Estates.
F. Reasons exist under generally accepted municipal planning principles and practices for
separately annexing Areas "A" and `B" for full purposes because of the lack of
contiguity, differences in current and proposed uses and the pending development of
Area"A".
G. The City Council approved Ordinance No. 15358 annexing the Eagle Mountain Zone for
limited purposes on December 10, 2002 (M & C PZ-2437). .
H. The City Council approved a regulatory plan in connection with the limited purpose
annexation setting out the ordinances that are enforced in the Ea lQjjouu
establishing November 28, 2005 as the deadline for annexing the Eagle Mountain Z,on
for full purposes, pursuant to Section 43.125 of the Texas Loca G06ftinrient Lode.
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I. The City notified property owners, railroad companies and public and private entities
providing services in the Eagle Mountain Zone that the area had been included in the
municipal annexation plan and requested information concerning current services in
accordance with Section 43.052 of the Texas Local Government Code.
I The City prepared an inventory of services currently being provided in the Eagle
Mountain Zone and made the inventory available for public inspection within 60 days
after receiving information from service providers, pursuant to Section 43.053 of the
Texas Local Government Code.
K. The City prepared a service plan, made the service plan available to the public, and
conducted public hearings at which the service plan was explained and interested persons
were given the opportunity to be heard on September 2, 2003 and September 11, 2003,
pursuant to Section 43.056 of the Texas Local Government Code.
L. The Tarrant County Commissioners Court selected the Representatives to negotiate with
the City for the provision of services to the Eagle Mountain Zone upon annexation or for
provision of services in lieu of annexation, pursuant to Section 43.0562 of the Texas
Local Government Code.
M. City staff and officials met with the Representatives on February 25,2004,and March 3,
2004, to present information concerning services to be provided by the City upon full
purpose annexation and to negotiate for the provision of services.
N. The City made revisions to the proposed service plan based on the meetings with the
Representatives.
O. The service plan ("Service Plan") was completed and presented to the City Council on
March 30, 2004 (Mayor& Council Communication PZ-2524).
P. The Representatives and the City agree that it is beneficial for the parties to enter into an
agreement for provision of services in lieu of annexation,pursuant to Section 43.0563 of
the Texas Local Government Code.
Q. This Agreement addresses provision of certain services in the Eagle Mountain Zone by
the City and payment for such services, permissible land uses, compliance with
municipal ordinances, deferral of full purpose annexation to no earlier than January 1,
2009, with certain exceptions, and other terms agreed to both parties.
R The parties acknowledge that, because annexation of the Eagle Mountain Zone will be
deferred for more than three years pursuant to this Agreement, with certain exceptions,
and conditions reflected in the Service Plan presented to the City Council on March 30,
2004,are likely to change during that period,a new service plan for the provision of full
municipal services in accordance with state law will be prepared prior to annexation.
NOW THEREFORE, in exchange for the mutual covenants, conditions and promises
contained herein, City and the Representatives agree as follows:
1. Agreement for Provision of Services and Funding of Services.
a. Water and Wastewater. The City will extend the water main along Park Drive, as
shown on Exhibit "C", within two years after occurrence of both of the following
events: (1) development of the tract immediately south of the residential area on
Park Drive (the "Elkins Tract"), including installation of water mains; and (2)
commitment by the owners of five existing occupied residences on Park Drive to
connect to the water main and payment of tap and impact fees by such owners. Upon
occurrence of both events, the City will extend the water main along Park Drive as
shown on Exhibit "C" without requiring such customers to pay for excess length.
Future customers connecting to the water main(other than the original five or more)
will be charged front footage charges or capacity charges in addition to standard tap
and impact fees for connecting to the water main extension.
b. Erection of Street Light. The City will erect a street light at the corner of Boat Club
Road and Park Drive at City's cost within 60 days after the execution of this
Agreement and will maintain the street light at City's cost.
2. Permissible Land Uses. Property in the Eagle Mountain Zone may be used only for
uses permitted by the applicable zoning designation approved by the City Council and
may be developed only in conformance with all applicable development regulations set
out in the City's zoning ordinance, Ordinance No. 13896, as amended, and other City
ordinances listed in Exhibit "D".
3. Compliance with Municipal Ordinances. Section 43.0563 of the Texas Local
Government Code authorizes the Representatives and the City to enter into an agreement
concerning compliance with municipal ordinances. By execution of this Agreement,the
City and the Representatives agree that the ordinances described in Exhibit "D" are
applicable to the Eagle Mountain Zone and the City has the authority to enforce such
ordinances in the Eagle Mountain Zone. The ordinances identified in Exhibit"D"will
be enforceable in the Eagle Mountain Zone until full purpose annexation of any portion
of the Eagle Mountain Zone,at which time all City ordinances will be enforceable in the
annexed area.
4. Deferral of Annexation. The parties agree that the date for full purpose annexation of
all or any portion of the Eagle Mountain Zone shall be postponed until no earlier than
January 1, 2009, except as provided by this section, pursuant to Sections 43.0563 and
43.127 of the Texas Local Government Code. The City may take the necessary steps to
commence the annexation process before January 1, 2009, and may annex all or any
portion of the Eagle Mountain Zone at any time after January 1,2009. Notwithstanding
anything herein to the contrary, the parties agree the City may annex portions of the
Eagle Mountain Zone before January 1, 2009 upon the occurrence of any of the
following events: __--
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(a) A property owner requests the City to annex land in the Eagle Mountain Zone. In
addition, the City may annex any strips of land the City determines are needed to
connect property to the City limits, in order to facilitate annexation of such land; or
(b) A property owner submits a preliminary plat for property in the Eagle Mountain
Zone after the effective date of this Agreement; or
(c) A property owner submits a final plat for property in the Eagle Mountain Zone after
the effective date of this Agreement.
5. Procedure for Annexation. The parties acknowledge that municipalities are required to
follow the three-year procedure for annexing areas under the municipal annexation plan
in accordance with Chapter 43, Subchapter C,of the Texas Local Government Code only
if such areas contain 100 or more separate tracts of land on which one or more residential
dwellings are located on each tract. The parties recognize there are not 100 residential
dwellings on separate tracts in Area"A" or Area `B", either alone or in combination.
The parties acknowledge that the City has the authority to annex their property and all
other property in the Eagle Mountain Zone pursuant to the annexation procedure for
exempt annexations set out in Chapter 43, Subchapter C-1, of the Texas Local
Government Code, Sections 43.061 through 43.065, so long as the area being annexed
does not have 100 or more separate tracts of land on which one or more residential
dwellings are located on each tract.
6. Removal of Eagle Mountain Zone from Municipal Annexation Plan. The City will
remove the Eagle Mountain Zone from its annexation plan on or before July 1, 2004.
7. Miscellaneous
(a) Actions Performable. CITY AND THE REPRESENTATIVES AGREE THAT
ALL ACTIONS TO BE PERFORMED UNDER THIS AGREEMENT ARE
PERFORMABLE IN TARRANT COUNTY, TEXAS. VENUE FOR ANY
ACTION CONCERNING THIS AGREEMENT SHALL BE PROPER IN
TARRANT COUNTY, TEXAS.
(b) Governing Law. City and the Representatives agree that this Agreement has been
made under the laws of the State of Texas, and that any interpretation of this
Agreement shall be made under the laws of the State of Texas.
(c) Severability. It is the intention of the parties that the provisions of this Agreement
are severable, and if any provision is declared void,ineffective or unconstitutional by
the valid judgment or decree of any court of competent jurisdiction, such voidness,
ineffectiveness or unconstitutionality shall not affect any of the remaining provisions.
(d) Exhibits. All exhibits attached to this Agreement are incorporated by reference and
expressly made part of this Agreement as if copied verbatim.
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(e) Complete Agreement. This Agreement represents a complete agreement of the
parties and supersedes all prior written and oral matters related to this Agreement.
(f) Changes in State or Federal Laws. If state or federal laws change so as to make it
impossible for City or the Representatives to perform their obligations under this
Agreement,the parties will cooperate to amend the Agreement in such a manner that
is most consistent with the original intent of the Agreement as legally possible.
(g) Amendment. This Agreement may only be amended or terminated by written
instrument signed by City and the Representatives who reside or own property in the
Eagle Mountain Zone.
Executed as of the day and year first above written.
CITY:
ATTEST CITY OF FORT WORTH
aT�x�s municipal corporation
b ��E� 7� By: �
Sylvia Glover Reid Rector, Assistant City Manager
�f iv Acting City Secretary ,
- :SIL
APPROVED AS TO FORM AND .ortract Authorization
LE ITY r
Date
DkIpItytity Attorney
J
fL't+
Dick Elkins, individually and s
representative of Eagle Mountain Zone
Debra Raindl, individually and as a
rep r sentative of Eagle Mo nt in Zone
Mark Raindl, iudivi ually a
representative of Eagle Mountain Zone
i
5
Ig drop individually d as a
representative of Eagle Mountain Zone
Dorothy aldrop, indivi ally and as a
representative of Eagle Mountain Zone
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME,the undersigned Notary Public in and for said county and state,on this day personally
appeared Reid Rector,Assistant City Manager of the City of Fort Worth,known to me as the person
whose name is subscribed to the foregoing instrument and acknowledged to me that the same was
the act of such person and that he executed the same for the purposes and consideration therein
expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
12004.
OPEN EDWARDS-FISHER
i Notary Public,State o1 Texas Notary Public in and for the State of
My Commission Expues
May 07 2008 My commission expires:
�f Fi
.,.�
'i/116111j1',`
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME,the undersigned Notary Public in and for said county and state,on this day personally
appeared Dick Elkins,individually and as a representative of Eagle Mountain Zone,known to me as
the person whose name is subscribed to the foregoing instrument and acknowledged to me that the
same was the act of such person and that he executed the same for the purposes and consideration
therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this fit/ T y day of
Oq _' 2004.
OPIE E . ERMIS Notary Public in and for the State of
Notary Public My commission expires:
(RoMy
STATE OF TEXAS
Comm. Exp. 10/29/2005
6
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME,the undersigned Notary Public in and for said county and state,on this day personally
appeared Debra Raindl, individually and as a representative of Eagle Mountain Zone,known tome
as the person whose name is subscribed to the foregoing instrument and acknowledged to me that the
same was the act of such person and that she executed the same for the purposes and consideration
therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, thisti day of
/).gyl ' 2004.
�f
O P I E E . E R M I S --------
Notary Public Notary Public in and for the State of
* STATE OF TEXAS My commission expires:
h
'SOF My Comm. Exp. 10/29/2005
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME,the undersigned Notary Public in and for said county and state,on this day personally
appeared Mark Raindl,individually and as a representative of Eagle Mountain Zone,known to me as
the person whose name is subscribed to the foregoing instrument and acknowledged to me that the
same was the act of such person and that he executed the same for the purposes and consideration
therein expressed, and in the capacity therein stated.
Y�
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 2y day of
2004.
N tary Public in and for the State of
My commission expires:
,mom OPIE E . ERMIS
Notary Public
* * STATE OF TEXAS
5
0 p My Comm. Exp. 10/29/2005
7
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME,the undersigned Notary Public in and for said county and state,on this day personally
appeared Craig Waldrop, individually and as a representative of Eagle Mountain Zone,known to me
as the person whose name is subscribed to the foregoing instrument and acknowledged to me that the
same was the act of such person and that he executed the same for the purposes and consideration
therein expressed, and in the capacity therein stated.
GIVEN ,UNDER MY HAND AND SEAL OF OFFICEthis J�
� ,,� day of
, 2004.
OPE. ERMIS
N Not Public in and for the State of
STATE OF TEXAS
(Smy
Notary Public My commission expires:
Comm.Exp. 10/29/2005
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME,the undersigned Notary Public in and for said county and state,on this day personally
appeared Dorothy Waldrop,individually and as a representative of Eagle Mountain Zone,known to
me as the person whose name is subscribed to the foregoing instrument and acknowledged to me that
the same was the act of such person and that she executed the same for the purposes and
consideration therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, thisy day of
i'YIA Y , 2004.
�1,aY OPIE E . ERMIS No Public in and for the State of
* Notary Public My commission expires:
STATE OF TEXAS
h
�4��tp My Comm. Exp. 10/29/2005
After recording, return to:
City Attorney's Office
City of Fort Worth
1000 Throckmorton Street
Fort Worth, TX 76102
Attn: Marcella Olson
s
Eagle Mountain Zone
Exhibit "A"
Bonds Ranch
Bonds Ranch Road
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West Bailey Bo ell Road
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April 2004
amo �pu o amo
City of Fort Worth, Texas
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Exhibit"B"
Eagle Mountain Lake Legal Description
Area "A"
A parcel of land situated in the Alexander Crane Harris and Brooks Survey, Abstract
Number 55, J. A. McNutt Survey, Abstract Number 1151, S. E. Merrell Survey, Abstract
Number 1009, and the J. N. Reed Survey, Abstract Number 1314, about 12 miles, North
34 degrees West, from the Courthouse in Tarrant County, Texas, and being more
particularly described by metes and bounds as follows;
BEGINNING: at the northwest corner of that certain annexation described in Ordinance
Numbers 14047, being at the intersection of the east line of Phase 2, West Fork
Addition, according to plat recorded in Volume 388-173, Page 52, Plat Records, Tarrant
County, Texas, and the west line of that SOUTH TRACT of land described by deed
recorded in Volume 6549, Page 11, Deed Records, Tarrant County, Texas, projected
south, with the south right-of-way of Boat Club Road;
THENCE: North 00 degrees 33 minutes 57 seconds East, to and along the east lines of
Phases 2 and 3, West Fork Addition, plat of said Phase 3, recorded in Volume 388-173,
Page 53, Plat Records, Tarrant County, Texas, some 2639.77 feet, to the south line of
Parcel "M", as described in the deed to John Millard Bonds, recorded in Volume 8945,
Page 1547, Deed Records, Tarrant County, Texas, 33.57 feet, North 89 degrees 39
minutes 19 seconds East of its southwest corner, and further being in the south line of
that certain tract of land described in Exhibit A, of"Developer's Agreement Between the
City of Fort Worth and Scott Communities Developers Limited Partnership for Bonds
Ranch" approved on October 16, 2001, by the Fort Worth City Council, Mayor and
Council Communication C-18801, being on file in the Office of the City Secretary,
Contract Number 27132;
THENCE: with the south line of said Agreement and said Parcel "M", South 89 degrees
39 minutes 19 seconds East, some 2266.03 feet to its southeast corner, the most southerly
southeast corner of said Agreement;
THENCE North 89 degrees 51 minutes 12 seconds East, 873.63 feet, to an angle point in
the west line of Block 3, of Harbour View Estates, according to plat recorded in Cabinet
A, Slide 4489, Plat Records, Tarrant County, Texas;
THENCE: with the west line of said Block 3, the following courses and distances;
South 22 degrees 16 minutes 11 seconds West, 291.15 feet;
South 32 degrees 47 minutes 30 seconds West, 752.04 feet;
South 37 degrees 20 minutes 57 seconds West, 142.47 feet;
South 04 degrees 33 minutes 54 seconds East, 143.78 feet;
South 15 degrees 45 minutes 33 seconds East, 100.35 feet;
South 34 degrees 27 minutes 08 seconds East, 95.36 feet; -
South 10 degrees 43 minutes 02 seconds East, 158.85 feet;
Exhibit "B"
South 01 degrees 56 minutes 01 seconds East, 187.04 feet;
South 19 degrees 53 minutes 12 seconds East 56.16 feet;
South 64 degrees 01 minutes 30 seconds East, 218.17 feet;
South 00 degrees 10 minutes 20 seconds West, 558.53 feet;
South 56 degrees 28 minutes 25 seconds West, 282.78 feet;
and South 72 degrees 29 minutes 42 seconds West, 369.6 feet to the west corner
of Block 3, being in the north line of the right-of-way dedication for Boat Club
Road, according to said plat, further being on a curve, having a radius of 843.93
feet;
THENCE: Southeasterly with said right-of-way, and said curve, to the right, at an arc
length of 379.8 feet, pas the west corner of that portion of Harbour View Estates,
according to plat recorded in Cabinet A, Slide 4009, Plat Records, Tarrant County, Texas,
in all through a central angle of 36 degrees 12 minutes 23 seconds, an arc length of
533.3 feet, to its end, the long chord of said curve bears South 42 degrees 12 minutes 28
seconds East, 524.47 feet;
THENCE: continuing with said right-of-way, South 24 degrees 06 minutes 16 seconds
East, 563.47 feet, to the beginning of a curve,having a radius of 1065.93 feet;
THENCE: continuing with said right-of-way, and southeasterly with said curve to the
left, through a central angle of 60 degrees 10 minutes 19 seconds, an arc length of
1119.44 feet, to its end, the long chord of said curve bears South 54 degrees 11 minutes
26 Seconds East, 1068.7 feet;
THENCE: continuing with said right-of-way, South 64 degrees 11 minutes 32 seconds
East, 169.18 feet, to the southeast corner of Block 4, of said portion of Harbour View
Estates;
THENCE: crossing Boat Club Road, South 00 degrees 39 minutes West, 130 feet, to its
south right-of-way, and being in the north line of the present City Limits, according to
said Ordinance Number 14047;
THENCE: with said right-of-way, and with the present City Limits, North 84 degrees 13
minutes 37 seconds West, 180.87 feet, to the beginning of a curve, having a radius of
1195.93 feet;
THENCE: continuing with the present City Limits, the south right-of-way of Boat Club
Road, and northwesterly with said curve to the right, through a central angle of 60
degrees 06 minutes 37 seconds, an arc length of 1254.7 feet, to its end, the long chord of
said curve, bears North 54 degrees 10 minutes 19 seconds West, 1197.92 feet;
THENCE: continuing with the present City Limits, and the south right-of-way of Boat
Club Road, North 24 degrees 07 minutes West, 563.4 feet, to the hgi ni g of a-sump,
having a radius of 713.95 feet;
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Exhibit `B"
THENCE: continuing with the present City Limits, the south right-of-way of Boat Club
Road, and northwesterly with said curve to the left, through a central angle of 65 degrees
36 minutes, an arc length of 817.0 feet, to its end, the long chord of said curve, bears
North 56 degrees 55 minutes West, 773.51 feet;
THENCE: continuing with the present City Limits, and the south right-of-way of Boat
Club Road, North 89 degrees 43 minutes West, 1460.1 feet, to the beginning of a curve,
having a radius of 2914.8 feet;
THENCE: continuing with the present City Limits, the south right-of-way of Boat Club
Road, and northwesterly with said curve to the right, through a central angle of 07
degrees 59 minutes, an arc length of 406.1 feet, to its end, the long chord of said curve,
bears North 85 degrees 43 minutes 30 seconds West, 405.81 feet;
THENCE: continuing with the present City Limits, the south right-of-way of Boat Club
Road, North 81 degrees 44 minutes West, 39.6 feet, to the point of beginning, and
containing some 178 acres (0.28 square miles) of land, more or less.
"This document was prepared under 22 TAC § 663.2 1, 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 or interests implied or established by the creation or
reconfiguration of the boundary of the political subdivision for which it was prepared."
Area "B"
A parcel of land situated in the W. E. Boswell Survey, Abstract Number 1852, D.
McCarty Survey, Abstract Number 1079, J. A. McNutt Survey, Abstract Number 1151,
I. Reed Survey, Abstract Number 1314, J. N. Reed Survey, Abstract Number 1362, J.
Simmons Survey, Abstract Number 1486, B. Thomas Survey, Abstract Number 1497,
and the G. T. Walters Survey, Abstract Number 1696, about 11.5 miles, North 33 degrees
West, from the Courthouse in Tarrant County, Texas, and being more particularly
described by metes and bounds as follows;
BEGINNING: in the north line of that certain annexation described in Ordinance
Numbers 14047, being at the intersection of the east line of Harbour View Estates,
according to plat recorded in Cabinet A, Slide 4009, Plat Records, Tarrant County, Texas,
projected south, with the south right-of-way of Boat Club Road;
THENCE: to and along a southerly east line of said addition, North 00 degrees 39
minutes East, 3217.44 feet, to its ell corner;
THENCE: with an easterly south line of said addition, to and along the south line of
Harbour View Estates, according to plat recorded in Cabinet A, Slide 6508, Plat Records,
Tarrant County, Texas, South 89 degrees 10 minutes 26 seconds E -2723,3-3-711,446�6�9;
west line of Parcel 2, of that certain annexation described in Ordin ce Dumber
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Exhibit`B"
THENCE: with the present City Limits, and with the west line of Parcel 2, South 00
degrees 11 minutes 10 seconds West, 428.77 feet, to the southwest corner of Parcel 2;
THENCE: with the present City Limits, and with the south line of Parcel 2, South 89
degrees 24 minutes 55 seconds East, 2493.57 feet, to the southeast corner of Parcel 2;
THENCE: with the present City Limits, and with the east line of Parcel 2, to and along
the east line of Parcel 3, as described in said annexation, North 00 degrees 45 minutes 42
seconds East, 2004.41 feet, to the northeast corner of Parcel 3, and in the south line of
Parcel 1, as described in said annexation;
THENCE: with the present City Limits, and with the south line of Parcel 1, South 82
degrees 30 minutes 59 seconds East, 1,250.28 feet, to an angle point in the south line;
THENCE: with the present City Limits, and continuing with the south line of Parcel 1,
South 89 degrees 47 minutes 22 seconds East, 2964.35 feet, to the northwest corner of
Parcel 4, as described in said annexation;
THENCE: with the present City Limits, and the west line of Parcel 4, South 00 degrees
07 minutes West, 6,359.90 feet, to the beginning of a curve, having a radius of 1000.0
feet;
THENCE: with the present City Limits, the south line of Parcel 4, and said curve to the
left, an arc distance of 25.42 feet, to the south right-of-way of County Road # 4040, Park
Drive, the long chord of said curve bears South 00 degrees 36 minutes 42 seconds East,
25.42 feet;
THENCE: with said right-of-way, North 89 degrees 44 minutes 42 seconds West, 2,028.8
feet, to the west line of said Walters Survey, situated 25.42 feet, South 00 degrees 15
minutes West, from, its northwest corner, and being a southerly southeast corner of that
certain "EAST TRACT" as described in deed to Pender Investment Corporation,
recorded in Volume 6540, Page 590, Deed Records, Tarrant County, Texas, and being the
beginning of a curve, having a radius of 555.13 feet;
THENCE: continuing with said south right-of-way line, the southerly line of said "EAST
TRACT", and southwesterly with said curve to the left, through a central angle of 27
degrees 26 minutes 02 seconds, an arc distance of 265.8 feet, to its end, the long chord of
said curve bears South 74 degrees 15 minutes 31 seconds West, a distance of 263.27 feet;
THENCE; continuing with said south right-of-way line, and with the southerly line of
said "EAST TRACT", South 60 degrees 32 minutes 30 seconds West, 357.6 feet to the
beginning of a curve, having a radius of 599.35 feet;
THENCE: continuing with said south right-of-way line, and southwesterly with said
curve to the right, through a central angle of 29 degrees 50 minutes O�4=nd5an arc
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Exhibit `B"
distance of 312.09 feet, to its end, the long chord of said curve bears South 75 degrees 27
minutes 32 seconds West, a distance of 308.57 feet:
THENCE: continuing with said south right-of-way, North 89 degrees 37 minutes 26
seconds West, 1556.16 feet, to the west right-of-way of Boat Club Road,being in a curve
having a radius of 1096.31 feet;
THENCE: with said west right-of-way line, and northwesterly with said curve to the left,
through a central angle of 14 degrees 58 minutes 11 seconds, an arc distance of 286.43
feet, to its end, the long chord of said curve bears North 20 degrees 55 minutes 55
seconds West, a distance of 285.62 feet:
THENCE: with said west right-of-way line, North 28 degrees 25 minutes West, 751.6
feet, to the north corner of that certain tract of land out of said Thomas Survey as
described by deed recorded in Volume 1309, Page 179, Deed Records Tarrant County,
Texas;
THENCE: with the west line of said tract, South 00 degrees 12 minutes 16 seconds East,
580.17 feet, to an easterly northeast corner of said annexation described in Ordinance
Number 14047;
THENCE: continuing with the present City Limits, South 89 degrees 47 minutes 44
seconds West, 257.5 feet;
THENCE: continuing with the present City Limits, North 28 degrees 25 minutes West,
587.3 feet;
THENCE: continuing with the present City Limits, North 61 degrees 35 minutes East,
500.0 feet, to the south right-of-way of Boat Club Road;
THENCE: continuing with the present City Limits, and the south right-of-way of Boat
Club Road, North 28 degrees 25 minutes West, 121.9 feet, to the beginning of a curve,
having a radius of 1095.93 feet;
THENCE: continuing with the present City Limits, the south right-of-way of Boat Club
Road, and northwesterly said curve to the left, through a central angle of 55 degrees 48
minutes 37 seconds, an arc length of 1067.52 feet, to its end, the long chord of said curve,
bears North 56 degrees 19 minutes 19 seconds West, 1025.81 feet;
THENCE: continuing with the present City Limits, and the south right-of-way of Boat
Club Road, North 84 degrees 13 minutes 37 seconds West, 576.5 feet;
THENCE: continuing with the present City Limits, and departing said right-of-way,
North 89 degrees 36 minutes 03 seconds West, 1937.1 feet, to the s of
that certain tract of land as conveyed to Kenneth Hammond, by dee teedrdodj irt'Volume
11457, Page 690, Deed Records, Tarrant County, Texas;
5 --
Exhibit `B"
THENCE: continuing with the present City Limits, and the west line of said Hammond
Tract, North 00 degrees 57 minutes 45 seconds East, 182.0 feet, to the south
right-of-way of Boat Club Road;
THENCE: continuing with the present City Limits, and the south right-of-way of Boat
Club Road, North 84 degrees 13 minutes 37 seconds West, 1052.41 feet to the point of
beginning, and containing some 1060 acres (1.65 square miles) of land, more or less.
"This document was prepared under 22 TAC § 663.2 1, 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 or interests implied or established by the creation or
reconfiguration of the boundary of the political subdivision for which it was prepared."
6
\\Cfs01\Water\Groups\GIS\prcjectslolanning_engineering\capital_project_developmentVimlted_purpose\exhibit_c_eml.mxd(VWG)04/14/2004
LoExhibit "C"
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Exhibit"D"
Subdivision Ordinance (Ord. No. 7234 and all subsequent amendments) codified as Chapter 31
of the City Code, Plan Commission Rules and Regulations, Master Thoroughfare Plan,
Community Facilities Policy, and related subdivision regulations and infrastructure standards
Zoning Ordinance (Ord. No. 13896 and all subsequent amendments) (Appendix A to City Code),
provided, however, Section 4.103(5) requiring that property be platted as a prerequisite for
issuance of a building permit shall not apply in the following situations: (1) expansion of a one-
family or two-family residential structure that exists on the effective date of this Agreement; (2)
construction or expansion of a structure that is accessory to a one-family or two-family
residential structure that exists on the effective date of this Agreement; (3) construction of a one-
family or two-family residential structure on a tract that existed on the date of this Agreement, as
evidenced by a deed or other document of conveyance; and (4) construction of a structure on a
tract that is exempt from platting requirements under Section 212.004, Texas Local Government
Code, i.e., land that has been divided into parts greater than five acres, where each part has
access and no public improvement is being dedicated
Building (Ord. No. 15948) (Sections 7-46 through 7-49 of the City Code)
Mechanical Code (Ord. No. 15950) (Sections 7-166 through 7-169 of the City Code)
Plumbing (Ord. No. 1595 1) (Sections 26-1 through 26-4 of the City Code)
Residential Code (Ord. No. 15949) (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 (Ord. No. 15952) (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)
1
Sign Code(Ord. No. 15953) (Sections 29-1 through 29-3)
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.
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 6/15/2004
DATE: Tuesday, June 15, 2004
LOG NAME: 12EMKIL REFERENCE NO.: C-20115
SUBJECT:
Approval of Agreement for Provision of Services in Lieu of Annexation for the Area Known as the
Eagle Mountain Zone, Consisting of Approximately 1,238 Acres of Land Located North of Boat
Club Road and West of Business Highway 287 in Tarrant County, Texas (Annexation AX-02-0008,
Eagle Mountain Zone)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute the attached agreement for
provision of services in lieu of annexation for the Eagle Mountain Zone.
DISCUSSION:
The City Council approved the third amendment to the City's municipal annexation plan on October 29,
2002, to identify approximately 1,238 acres identified as the Eagle Mountain Zone as land the City may
annex for full purposes. Pursuant to state law, the City may annex the Eagle Mountain Zone during a 30-
day period beginning October 29, 2005, the third anniversary of the amendment of the plan. The City
Council approved Ordinance No. 15358 annexing the Eagle Mountain Zone for limited purposes on
December 10, 2002 (M & C PZ-2437).
Amendment of the municipal annexation plan to add the Eagle Mountain Zone triggered certain procedural
requirements and deadlines under state law. The City provided notice of the proposed full purpose
annexation to property owners, service providers and railroads in January, 2003; prepared an inventory of
services currently provided in the area during summer 2003; and prepared a draft service plan and
conducted two public hearings to discuss the plan and solicit comments from affected property owners in
September 2003.
Pursuant to state law, after the public hearings the Tarrant County Commissioners Court appointed five
persons to negotiate with the City on behalf of property owners in the Eagle Mountain Zone. The City and
the representatives have two available courses of action under state law: they may negotiate concerning
the services to be provided by the City upon annexation and seek arbitration in the event of a disagreement;
or, in the alternative, they may negotiate a contract for provision of services in lieu of annexation. The
contract for provision of services in lieu of annexation may defer annexation and include agreements related
to permissible land uses, compliance with City ordinances and any other terms agreed to by the parties.
The appointed representatives and City Staff and officials met on February 25 and March 3, 2004 to discuss
service issues. Based on the discussions Staff revised the service plan providing for municipal services to
the Eagle Mountain Zone if the City Council approves the annexation during the period from October 29
through November 28, 2005. The revised service plan was presented to the City Council on March 30,
2004 (Mayor and Council Communication PZ-2524).
After completion of the service plan, City Staff and officials and the representatives continued to discuss
Logname: 12ENIML Page 1 of 2
entering into a contract for provision of services in lieu of annexation. Approval of this Mayor and Council
Communication would authorize the City Manager to enter into the attached agreement for provision of
services in lieu of annexation.
. Significant provisions of the agreement include:
Deferral of annexation until no earlier than January 1, 2009, except that the City may annex an area before
that date if the area comes within one of the following exceptions: the owner submits a petition requesting
annexation, the area is necessary to connect an owner-initiated annexation to the city limits, or a
preliminary or final plat for the area is submitted to the City. The agreement recognizes the City may annex
all or any portion of the area at any time after January 1, 2009, using the approximately 90-day procedure
applicable to exempt annexations, to the extent permitted by state law;
Continued enforcement of City planning, zoning, health and safety ordinances in the area;
Erection of a street light at City expense at the intersection of Boat Club Road and Park Drive within 60
days after execution of the agreement and maintenance of the street light at City expense; and
Extension of water mains along Park Drive at City expense within two years after the following conditions
are met: (1) development of the Elkins Tract immediately south of the residential area on Park Drive,
including installation of water mains; (2) commitment by the owners of five existing occupied residences on
Park Drive to connect to the water mains; and (3) payment of tap and impact fees by such owners. Funds
necessary to pay for the extensive of water mains will be requested at the time a contract is awarded.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the
Streets Improvement Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
C115 522030 020115136801 $Z500.00
Submitted for City Manager's Office by. Reid Rector (6266)
Originating Department Head: Bob Riley (8901)
Additional Information Contact: Bob Riley (8901) -
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