HomeMy WebLinkAboutContract 52028 CITY SECRETARY
CONTRACT N0. 5a o a S
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR
STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED
FOR RECORD IN THE REAL PROPERTY RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR
DRIVER'S LICENSE NUMBER
DEVELOPMENT AGREEMENT
TEXAS LOCAL GOVERNMENT CODE
CHAPTER 43, SUBCHAPTER C-3 AND § 212.172
THIS AGREEMENT (the "Agreement") is made and entered into by and between the
City of Fort Worth, Texas, a home rule municipal corporation of the State of Texas located
within Tarrant, Denton, Johnson, Wise, and Parker Counties, Texas (hereinafter referred to as
"City") acting by and through its duly authorized City Manager, and ALL STORAGE WALSH
RANCH, LLC hereinafter called "the Owner", whether one or more natural persons or other
legal entities. By the signatures below,the Owner warrants and represents that there are no other
owners of any portion of the Property and no other third-parties holding an interest therein.
WHEREAS,the Owner owns a parcel of real property, a total of approximately 5.0 acres
of land, as described in Exhibit A, hereinafter called "the Property", is located within Parker
County. The Property is located in the extraterritorial jurisdiction "ETJ" of the City and is not
presently contiguous to the City; and
WHEREAS,the Owner of the property has requested, and the City has agreed, subject to
the terms, conditions and limitations hereinafter set forth, that the City shall provide water
service to the property; and
WHEREAS, in consideration of the City providing water service to the Property, the
Owner will petition the City to annex the Property pursuant to Subchapter C-3, Chapter 43 of the
Texas Local Government Code upon such time as the Property becomes contiguous to the City;
and
WHEREAS, the parties acknowledge and agree that this Agreement constitutes a
petition for the voluntary annexation under the provisions of Subchapter C-3, Chapter 43 of the
Texas Local Government Code , and upon the request of the City the Owner shall execute all
applications and documentation required by Texas law to petition for annexation required by
Texas law; and
WHEREAS, this Agreement is entered into pursuant to Chapter 43, Subchapter C-3 and
212.172 of the Texas Local Government Code, in order to address the needs of the Owner and
the procedures of the City; and
WHEREAS, the Owner and the City acknowledge that this Agreement runs with the
land and is binding upon the City and the Owner and owner's respective successors and assigns
for the term of this Agreement, as defined below; and
WHEREAS, this Development Agreement is to be recorded in the Real Property
F?EC0 ords of Parker County.
MAR 112019
EFT.WOOKU
C1ry0FFORTWO,L STORAGE-Dev. A�eemt.Annex 2018 CiIYSECRFTgR
NOW THEREFORE, for and in consideration of the mutual covenants, conditions and
agreements contained in this Agreement, and other good and valuable consideration, the City and
Owner agree as follows:
1. Identification of the Property. The Property is described as the property owned by
the Owner within the boundaries of the area depicted and more particularly described in Exhibit
A attached hereto and incorporated herein by reference.
2. Annexation. The parties acknowledge and agree that this Agreement constitutes an
agreement to petition for annexation of the Property with the consent of the Owner in accordance
with Subchapter C-3 of Chapter 43 of the Texas Local Government Code. The parties intend that
the Property shall not be annexed and shall remain in the ETJ of the City until such time that the
Property is contiguous to the corporate limits of the City. The formal Petition/Consent for
Annexation is attached hereto as Exhibit C and made a part hereof. No further consent of Owner
shall be required for the City to annex said property at some time in the future upon it becoming
contiguous and adjacent to the City corporate limits. Upon the request of the City, the Owner
shall execute all applications and documentation required by Texas law. The City shall provide
thirty (30) days' notice of such request for completion of annexation applications and
documentation.
3. Zoning. The parties agree that concurrent with the petition for annexation, the Owner
shall submit an application to zone the Property. The parties and staff agree that the application
for zoning will be a planned development district based on industrial uses, including mini-
warehouses as an allowed use. The parties agree that the property is being developed pursuant to
a site plan, attached as Exhibit D. The City Council will consider the annexation and zoning of
the Property at the same meeting. The Owner acknowledges that while the requested zoning will
be supported by staff, this Agreement does not in any way guarantee that the City Council will
grant the Owner the particular zoning requested. The parties agree, notwithstanding approval by
the City Council of the requested zoning, the buildings and site improvements are legal
nonconforming and are "grandfathered".
4. Water Service. The parties agree the City has made an application to the Texas
Public Utility Commission (PUC) to acquire the Certificate of Convenience and Necessity
(CCN) to serve the Property. The Owner agrees it shall not protest the City's application to the
PUC and shall timely file all necessary documentation to show Owner's consent to the City
acquiring the CCN for the Property. The Owner shall execute all agreements for water as
required by the City in connection with the provision of water service to the Property. The City
agrees that the Owner may immediately commence construction of the water line shown in
Exhibit B ("Water Line") upon the execution of the Community Facilities Agreement ("CFA").
The City agrees that it will inspect the construction of the Water Line and accept the Water Line
upon completion provided the Water Lines meets the standards required by the CFA. The parties
agree that Section 35-58, "Assessment front footage charges for service connection" of the City
Code will be applicable to allow Owner to recoup costs related to a portion of the construction
costs. The City acknowledges that the Property is served by a septic system, and the Owner will
not be required to connect to the City's centralized sewer disposal system.
5. Development Codes. The parties acknowledge and agree to the construction of the
buildings prior to the annexation of the Property and that no building permits shall be required,
ALL STORAGE-Dev.Agreemt.Annex 2018 Page 2 of 9
additionally the buildings will be sprinklered. After annexation of the Property, the City will
inspect the property and issue a Certificate of Occupancy based on 2009 Building Codes. The
parties agree that the Owner shall apply for a Certificate of Occupancy within 60 days from the
date of annexation of the Property by the City.
6. Fees. The parties agree that no fees are associated with the petition for annexation,
application for zoning and application for a certificate of occupancy.
7. Agreement a Covenant Running With the Land. This Agreement shall be recorded
in the Real Property Records of the applicable county and shall be a covenant running with the
land binding upon all parties having any right, title or interest in the Property or any part thereof,
including their heirs, successors and assigns, and shall inure to the benefit of the owners of the
Property and to the City. This Agreement may not be revised or amended without the written
consent of both parties.
8. Notice. Prior to the sale or conveyance of any portion of the Property, the Owner shall
give written notice and a copy of this Agreement to the prospective purchaser or grantee, shall
provide a copy of such disclosure to the City and shall give written notice of the sale or
conveyance to the City.
9. Form and Delivery of Notice. Any notice required or permitted under this Agreement
shall be in writing and shall be delivered in hand, by facsimile, or by registered or certified US
mail. Notice to the Owner may be addressed to Owner at the address indicated on the most
recent applicable county property tax roll for the Property. If more than one entity is named in
this Agreement, service of any notice on any one of the entities shall be deemed service on all
entities. Any notice so given shall be deemed to have been received when deposited in the
United States mail so addressed with postage prepaid:
CITY:
Jesus Chapa, Assistant City Manager
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
Facsimile Number: 817-392-6134
Copy to:
Planning and Development Department
Attn: Planning and Development Director
200 Texas Street
Fort Worth, Texas 76102
OWNER:
Mark McDowell, Manager
All Storage Walsh Ranch, LLC
82 Armstrong Drive
Mustang, OK 73064
ALL STORAGE-Dev.Agreemt. Annex 2018 Page 3 of 9
10. Entire Agreement; Conflicts. This Agreement constitutes the entire agreement
between the parties with respect to the development and annexation of the Property and
supersedes all prior agreements, whether oral or written, covering the same subject matter.
11. Enforcement. This Agreement may be enforced by Owner or City by any
proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the
Agreement thereafter.
12. Provisions Severable. If any provision contained in this Agreement is held
unconstitutional, invalid or unenforceable, then the remaining provisions shall be deemed
severable and shall remain in full force and effect.
13. Governmental Powers. It is understood that by execution of this Agreement, the
City does not waive or surrender any of its governmental powers.
14. Captions. Captions and headings used in this Agreement are for reference purposes
only and shall not be deemed a part of this Agreement.
15. Amendment of Agreement. This Agreement cannot be modified or amended
without the written consent of all the parties and attached and made a part of this Agreement.
16. Governing Law and Venue. Venue shall be in the state courts located in Parker
County, Texas or the United States District Court for the Northern District of Texas, Fort Worth
Division.
IN WITNESS WHEREOF,the parties have
signed and executed this Agreement
effective as of this day of J 281$.
CITY OF FORT WORTH ALL S WALSH RANCH, LLC
By: _
By: Jesus Chapa, Assistant City Manager Printede:Mark McDowell
Title: Q 'n a-�e/
OFFICIAL RECORD
CITY SECRETARY
ALL STORAGE-Dev.Agreemt.Annex 2018 Page 4 of 9
Contract Compliance Manager:
By signing I acknowledge that I am the
person responsible for the monitoring and
administration of this contract, including
ensuring all performance and reporting
requirements.
— 92&a 11 A I - I b
Name of Employee
Title km.' 1rcc'C1�; Q�annr i�4`�- D'P'4+
Approved as to Form and Legality: ATTEST:
By:w�' L'I", � By-
Melinda
Melinda Ramos, Sr. Assistant City Attorney Mary Ka er City Sec to
State of Texas §
County of Tarrant §
This instrument was acknowledged before me on the "dayofjVjad4L 201f,
by Jesus Chapa, Assistant City Manager of the City of Fort Worth, a Texas municipal
corporation, on behalf of said corporation.
MARIA S.SANCHEZ By:
?a: tS.
My Notary ID#1.256490 tart'Public' State of Texas
Expires December 19,2021
State of Oklahoma §
County of Canadian §
This instrument was acknowledged before me on the Z& day of , 20 ,,
1
by Mark McDowell , on behalf of All Storage Walsh Ranch, LLC.
By:
Notary Public, State o klahoma
=� �'P.03/23/19s =
7
.��'"UBLIG.••'per•
After Recording Return to:
City Secretary
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102 OFFICIAL RECORD
CITY SECRETARY
ALL STORAGE-Dev.Agreemt.Annex 2018 FTNWRTH,TX
EXHIBIT A
Identification of Property
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EXHIBIT C
PETITION REQUESTING ANNEXATION BY AREA LANDOWNERS
TO THE MAYOR OF THE GOVERNING BODY OF FORT WORTH, TEXAS:
The undersigned owner(s) of the hereinafter described tract(s) of land petition your
honorable Body to extend, when the land becomes contiguous to the City, the present city limits
so as to include as part of the City of Fort Worth, Texas, the territory described in the attached
Exhibit A, including a survey by metes and bounds or legal description with subdivision, lot and
block with a graphic exhibit clearly showing the tract(s).
We certify that in accordance with Subchapter C-3 o apter 43 of the Texas Local
Government Code this petition is signed and duly ac wl dged by each and every person
having an interest in said land.
Signed:
Signed:
Signed:
GC r-A-Ho in�
THE STATE OF TEXAS
COUNTY OF CA iu 4,-rA n 1
BEFORE ME, the undersigned authority, on this day personally appeared
MaeeI-L WA C ( 9 , and
, known to me to be the persons whose names are
subscribed to the foregoing instrument and each acknowledged to me that he executed the same
for the purposes and consideration therein expressed.
Given under my hand and seal of office,this 7,9day of 201�L.
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ALL STORAGE-Dev.Agreemt.Annex 2018—EXHIBIT B Page 8 of 9
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