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HomeMy WebLinkAboutContract 33594-A2 CITY SECRETARY D C®NT RACT NCI. 3 5 SECOND AMENDMENT TO DEVELOPMENT AGREEMENT FOR LIVE OAK CREEK C� STATE OF TEXAS § COUNTY OF TARRANT § This Second Amendment to Development Agreement for Live Oak Creek ("Second Amendment")is entered into by the City of Fort Worth,Texas, a home-rule municipal corporation situated in Tarrant,Denton, Johnson,Parker,and Wise Counties,Texas(the"C_yt "}, acting by and through its duly authorized Assistant City Manager; and 351 Development LLC, a Texas limited liability company, L. O. Haywire Investments, LP, a Texas limited partnership, Impression Homes, LLC, a Texas limited liability company and Stonehollow Homes, LLC, a Texas limited liability company (collectively, "Owner") (collectively, the "Parties"), effective upon execution of this Second Amendment by all Parties (the "Effective Date"). RECITALS WHEREAS, the City and, W/J Haywire LP entered into that certain Development Agreement Between the City of Fort Worth and W/J Haywire I LP for Haywire Ranch Phase I effective August 21, 2006 (CSC No. 33594) recorded in the Real Property Records of Tarrant County as Instrument No. D217228750 (the"Original Agreement"); and WHEREAS, the Agreement, as hereafter defined, governs the development of 264.483 acres of land described on Exhibit A attached hereto (the"Land"), which is encompassed by Live Oak Creek Municipal Utility District No. 1 of Tarrant County, formerly known as City of Fort Worth Municipal Utility District No. 2 of Tarrant County, a municipal utility district created pursuant to Article XVI, Section 59, of the Texas Constitution, Chapters 49 and 54 of the Texas Water Code, and Chapter 8139, Special District Local Laws Code (the "District"); and WHEREAS,the development on the Land is now known as Live Oak Creek; and WHEREAS, W/J Haywire LP sold 133.138 acres of the Land to L.O. Haywire, LP and 23.711 acres of the Land to 351 Development, LLC on or about December 19, 2016, all of which was undeveloped or in the process of being developed; and WHEREAS, L.O. Haywire, LP and 351 Development, LLC, have sold portions of such Land to Impression Homes, LLC and Stonehollow Homes,LLC, for construction of single-family residences; WHEREAS,the remainder of the Land is owned by end-buyers of single-family homes; WHEREAS,L.O. Haywire,LP, 351 Development, LLC and the City entered into the First Amendment to the Original Agreement effective October 12, 2017(CSC No. 33590":1-}rowrded- _ Second Amendment to Development Agreement-Page 1 ,tt RC-UM_RECORD in the Real Property Records of Tarrant County as Instrument No. 21744015 (such First Amendment and the Original Agreement being collectively referred to as the "A eement"); WHEREAS, the Parties wish to further amend the Agreement concerning lot sizes and development regulations; NOW, THEREFORE, in consideration of the premises, mutual promises, covenants, obligations, and benefits herein contained, the City, Owner, and the District agree as follows: 1. Section 3.02(b) and (c) are amended to read as follows: (b) Tract 2 shall be developed in accordance with the uses permitted in the "A-5" One- Family District, as reflected in Section 4.603 of the Zoning Ordinance,plus private or non- profit community center and accessory uses permitted in accordance with Section 3.03. For purposes of Sections 3.02(b)and(e),"Type 1 Lots"are 50 x 120 foot lots as designated in the Lot Use and Density Table on Preliminary Plat PP-05-098 attached hereto as Exhibit E-1; "Type 2 Lots" are 60 x 120 foot lots and 70 x 120 foot lots as designated in the Lot Use and Density Table on PP-05-098; and "Type 3 Lots" are 80 x 130 foot lots as designated in the Lot Use and Density Table on PP-05-098. (c) The following development regulations shall apply in Tract 2: (i) All Type 1 Lots shall be developed in accordance with Section 4.705 of the Zoning Ordinance applicable to the "A-5" One-Family Residential District. (ii) All Type 2 Lots shall be developed in accordance with Section 4.704 of the Zoning Ordinance applicable to the "A-7.5" One-Family Residential District. (iii) All Type 3 Lots shall be developed in accordance with Section 4.703 of the Zoning Ordinance applicable to the "A-10" One-Family Residential District. 2. Except as specifically amended in this Second Amendment,the Agreement shall remain in full force and effect in accordance with its original terms and conditions. 3. Owner shall record this Second Amendment in the Real Property Records of Tarrant County, Texas and provide a file-marked copy of the recorded Second Amendment to the City's Planning and Development Director within ten (10) days after the Effective Date. Second Amendment to Development Agreement-Page 2 IN WITNESS WHEREOF, each Party has caused this Second Amendment to be executed by its undersigned duly authorized representative in multiple copies on the date or dates indicated below. ATTEST: CITY OF FORT WORTH .......... By. r Mary Ka City retary V.-/ ;wf-Ghrq5a, A s' tacitTy Manager rUs-PQl�iL�O m �, -Oaaa—toil 5)1q Date: �.� ` 296: a00 -asosg a A Q 01•7-asuto5 APPROVED AS TO FORM AND ..r'ALITY: Assistant City Attorney STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me, on the day of , 2019, b , Assistant City Manager of the City of Fort Wort6i, Texas on behalf of said city. Dana a Notary Public, State of Texas MARIA S.SANCHEZ My Notary 10#2256490 L�xplres J)ecemhor 19 2021 Z . Printed Name: My Commission Expires: 13"Iq OI F91CIUAL RECORD C OTY SECRE ZAA 18 Second Amendment to Development Agreement-Page 3 r. WC)R rn" T'X 351 DEVELOPMENT,LLC, a Texas limite ility co any By: 1 Bob Ladd, Manager Date: �� • U STATE OF TEXAS § COUNTY OF �= UAS § This instrument was acknowledged before me, on the Aay of A10 V 2019, by Bob Ladd, Manager of 351 Development, LLC, a Texas limited liability company, on behalf of said limited liability company. 4*Rv r JANEY ARISTA Not Public, St to of Texas [SEAL] Notary 10#1120165 y e My Commission Expires ' cr July 13,2022 ll Printed Name: C771 74 My Commission Expires: -7, 13, 1 MICIAL RECORD CITY SECRETARY Second Amendment to Development Agreement-Page 4 FT WORTH,TX L.O. HAYWIRE INVESTMENTS L.P., a Texas limited liability partnership By: L.O. Haywire Investments GP LLC, a Texas limited liability company, General rtner By: Bob Ladd, Manager Date: c� STATE OF TEXAS § COUNTY OF-,,A LL A S § This instrument was acknowledged before me, on the�ay of OP 2019, by Bob Ladd, Manager of L.O. Haywire Investments GP LLC, general partner of L.O. Haywire Investments L.P., a Texas limited partnership, on behalf of said limited partnership. Nota Public, §tate of Texas [SEAL] 02'. JINEv0157A Printed Name: �}� !STD Notary iD#1120165fMy Commission Expiresypdr.�.ly,3,zn22 M Commission Expires: OFFOCIAL RECOI-tv.F (CITY SECRETARY WWOR_rH,T Second Amendment to Development Agreement-Page 5 IMPRESSION HOMES,LLC, a Texas limited liability co�fpany By: Bruc z en,Man ger Date: E STATE OF TEXAS § COUNTY OF 1T G §nt § This instrument was acknowledged before Me, on the day of "1 be 2019, by Bruce Heikkinen,Manager of Impression Homes, LLC, a Texas limited liability company, on behalf of said limited liability company. , . �#* Y" O ERE Not ublic, State of Texas Expires U�A DKrh PrintedName: ll My Commission Expires: FT. WORTH,TX 0OFF10AL RECLO D c11V SFCRETAR� Second Amendment to Development Agreement-Page 6 STONEHOLLOW HOMES, LLC, a Texas limited liability company By: Rya Hayes,Vice President Date: l f STATE OF TEXAS § COUNTY OF d n § This instrument was acknowledged before me, on the _ day of ��"O'� ' �, 2019, by Ryan M. Hayes Vice President of Stonehollow Homes LLC,a Texas limited liability company, on behalf of said limited liability company. ::r) cxd� Notary Public, State of Tptas [SEAL] Printed Name: n I ( f�l [E:)NotarYPtiblic=Statrof"'Cxas ooleytatr of"Cxas �125G8899GMy Commission Expires.!'13;202® Second Amendment to Development Agreement-Page 7 OFFOCIAL RECORD Exhibit A Legal Description of the Development BEING all that tract of land. in Tarrant County, Texas, being all of the J.T. ALLEN SURVEY, Abstract No. 67, and a portion of the C.E. NEWMAN SURVEY, Abstract NO, 1183, the W.K. GANDY SURVEY, Abstract No. 1890, the F.W. SCHODEVERLING SURVEY, Abstract No. 1398, the C.E.P.I. MFG COMPANY SURVEY, Abstract No. 382, the T. & N.O. R.R. COMPANY SURVEY,Abstract No. 1566,and the S.B.HOPKINS SURVEY,Abstract No. 672, and being a portion of the 738.20 acre Tract of land conveyed to OBIE P. LEONARD,JR.,R.W. LEONARD, MARGERY ANN HODGES, and MARTHA JANE ANTHONY, by the deed recorded in Volume 4897, Page 227 of the Deed Records of Tarrant County, Texas, and being further described as follows: BEGINNTNG at a P.K.nail set at the Southwest corner of the aforesaid 738.20 acre Tract of land said point lying in the approximate center line of White Settlement Road, and also being the Southeast corner of the Tract of land conveyed to J.J. DEARING AND BETSY JO BEARING BROWDER by the deed recorded in Volume 8317, Page 475 of the Deed Records of Tarrant County, Texas, and. ROBERT BEARING BROWDER by the deed recorded in Volume 14336, Page 556 of the Deed Records of Tarrant County, Texas; THENCE North 00 degrees 00 minutes 45 seconds Wrest, at 25.00 feet, passing a five-eighths inch iron rod found in the North right-of-way line of White Settlement Road, in all.4703.06 feet, along the West boundary line of said 738.20 acre Tract of land and the East boundary line of the aforesaid J.J DEARING, BETSY JO DEARING, and ROBERT DEARING BROWDER TRACT to a one-half inch iron rod set for comer; THENCE North 89 degrees 59 minutes 15 seconds East, 163.32 feet, departing the West boundary line of said 738.20 acre Tract to a one-half inch iron rod set for corner; THENCE North 69 degrees 31 minutes 20 seconds East, 120.00 feet to a one-half inch iron rod set for corner lying in a curve to the left; THENCE Southeasterly, 733.50 feet, along said curve to the left having a radius of 2230.00 feet, center angle of 18 degrees 50 minutes 45 seconds, chord bearing South.29 degrees 54 minutes 03 seconds East, 730.19 feet to a one-half inch iron rod set at the end of said curve; THENCE South 39 degrees 19 minutes 25 seconds Fast, 1034.09 feet to a one-half inchiron rod set for corner; THENCE North 50 degrees 40 minutes 35 seconds East, 132.28 feet to a three-fourths inch iron rod found at the inner L. comer of the East boundary line of the aforesaid 738.20 acre Tract,said point being the Southwest coiner of the Tract of land conveyed. to JACK G. WILK1NSON and ELNA WILKINSON by the deeds recorded in Volume 5368, Page 844, and Page 847, Volume 5399, Page 91, and Page 94 of the Deeds Recorded in Tarrant County, Texas and to BRUCE Exhibit A-Second Amendment to Development Agreement-Page 1 1�l,ILKINSON and CAROLYN WILKINSON I~IERER.recorded in Volume 7800,Page 2290 and Page 2293 of the Deed Records of Tarrant County,Texas. THENCE North 89 degrees 53 minutes 04 seconds East, 1850.88 feet along the Northerly boundary line of said 738.20 acre Tract and the South boundary line of the aforesaid JACK G. WILKINSON AND ELNA WILKINSON, and BRUCE WILKINSON AND CAROLYN WILKINSON FIERER Tract to a one-inch iron pipe found at an angle point in the East boundary line of the aforesaid 738.20 acre Tract of land; said point being the Northwest corner of the Tract of land conveyed to WESTPOINT INVESTORS LIMITED PARTNERSHIP recorded in the Deed Records of Tarrant County,Texas under County Clerk's file number D204187877; THENCE South 00 degrees 29 minutes 40 seconds East, 3058.94 feet along the West boundary line of said WESTPOINT INVESTORS LIMITED PARTNERSHIP and the East boundary line of the aforesaid 738.20 acre Tract of land to a five-eighths inch iron rod found at the most Easterly Southeast corner of the aforesaid 738.20 acre Tract of land, and an angle point in the aforesaid WESTPOINT INVESTORS LIMITED PARTNERSHIP Tract; THENCE South 89 degrees 37 minutes 12 seconds West, 2036.40 feet along the Northerly boundary line of the aforesaid WESTPOINT INVESTORS LIMITED PARTNERSHIP Tract, and the North boundary line of a Tract of land conveyed to GENE A. THOMPSON according to the deed recorded in Volume 6429,Page 104 of the Deed Records of Tarrant County,Texas, and the North boundary line of a Tract of land conveyed to ROBERT DEAN JOHNSON according to the deed recorded in Volume 14336, Page 514 and 515, Volume 14208,Page 33, and Volume 14221,Page 114 of the Deeds Records of Tarrant County,Texas and the North boundary line of the Tract of land conveyed to HAROLD V. JOHNSON, III, recorded in the Deed Records of Tarrant. County, Texas, under County Clerk's file number D203289978, to a one-half inch iron rod set at the Northwest corner of the aforesaid HAROLD V. JOHNSON, III, Tract. Said point being an angle point in the boundary line of the aforesaid 738.20 acre Tract of land; THENCE South 00 degrees 28 minutes 56 seconds East, 638.10 feet along the West boundary line of the aforesaid HAROLD V. JOHNSON, I11, Tract and the East boundary line of said 738.20 acre Tract to a P.K. nail set in the approximate center line of the aforesaid White Settlement Road from which a five-eighths inch iron rod found lies North 00 degrees 28 minutes 56 seconds West,25.00 feet; THENCE North 75 degrees 57 minutes 38 seconds West, 1280.87 feet along the approximate center line of White Settlement Road and the Southerly boundary line of the aforesaid 738.20 acre Tract of land to THE PLACE OF BEGINNINC and containing 11,520,896 square feet or 264.483 acres of land. Exhibit A-Second Amendment to Development Agreement-Page 2 Exhibit E-I Preliminary Plat PP-05-098 PLAT IS AVAILABLE FOR INSPECTION IN THE OFFICE OF THE FORT WORTH CITY SECRETARY,FORT WORTH CITY HALL Exhibit E-1 -Second Amendment to Development Agreement-Page 1 N I� lug ll BUR NMI MOO I lop a � IIIIIIII �Solee ��� . Nil lag r_ - MA � NM a MCC a�®oua®©oo0 allllllll US oAll�OEll City of Fort!North, Texas Mayor and council Communication DATE: 10/15/19 M&C FILE NUMBER: M&C 19-0222 LOG NAME: 065030 LIVE OAK CREEK MUD 2ND AMEND DEV AGREEMENT SUBJECT Authorize Execution of Second Amendment to Development Agreement with 351 Development LLC,and LO Haywire Investments, LP of Live Oak Creek Municipal Utility District No. 1 of Tarrant County(ETJ[TARRANT NEAR COUNCIL DISTRICT 3) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute Second Amendment to Development Agreement with 351 Development LLC,and L.O.Haywire Investments,L.P.for Live Oak Creek Municipal Utility District No. 1 of Tarrant County. DISCUSSION: Live Oak Creek Municipal Utility District No. 1 of Tarrant County(District)encompasses 264.483 acres of land in Fort Worth's extraterritorial jurisdiction,north of White Settlement Road and west of West Loop 820 North.The City entered into the original Development Agreement on August 21,2006(CSC No.33594),and Council approved the First Amendment M&C L-16074 on September 12,2017 to extend the deadline to issue bonds and the term of the Development Agreement to November 15,2031 (CSC No.33594-A1). The District is requesting the Second Amendment to provide flexibility concerning lot sizes and development regulations.The current Development Agreement(CSC No.33594 A1)specifies the area of the lots to ensure that a variety of lots sizes are provided, including lot sizes that provide a transition buffer for adjacent properties.The lot sizes are so specific that the lot sizes cannot match the development regulations for their intended district.The approved preliminary plat(PP-05-098)provides a variety of lot sizes with the intended transition buffer.The District is proposing alternate language that meets the intention of the original agreement by attaching Exhibit E-1,and applying the following development regulations for Tract 2: (i)All Type 1 Lots shall be developed in accordance with Section 4.705 of the Zoning Ordinance applicable to the"A-5"One-Family Residential District. (ii)All Type 2 Lots shall be developed in accordance with Section 4.704 of the Zoning Ordinance applicable to the"A-7.5"One-Family Residential District. (iii)All Type 3 Lots shall be developed in accordance with Section 4.703 of the Zoning Ordinance applicable to the"A-10"Ono-Family Residential District. The Second Amendment to the Development Agreement will allow the District to proceed with the development in accordance with the approved preliminary plat(PP-05-098). The property is located in the City's extraterritorial jurisdiction adjacent to COUNCIL DISTRICT 3. FISCAL INFORMATION I.CERTIFICATION: The Director of Finance certifies that approval of the agreement will have no immediate material effect on City funds.Any effect on expenditures and revenues will be budgeted in future fiscal years. Submitted for City Manager's Office by. Dana Burghdoff 8018 Originating Business Unit Head: Randle Harwood 6101 Additional Information Contact: Mary Elliott 7844 Uve Oak Creek Ranch No. I Municipal Utility District m Approximately 264.483 Acres 19 . : I '} I I k,. :] I I .i I .ilf� , N? i r, QLive Oak Creek Ranch No.1 Adjacent Cities Fa T'�VORm. Special Districts I� County Boundaries Planning&bevelopmentUepartment -� B/13/2019 Fort Worth City Limit(Full Purpose) 1:12,000 ® Fort Worth City Limit(Limited Purpose) COPYRIGHT 2019 CITY OF FORT WORTH UNAUTHORIZED REPRO- DUCTION IS A VIOLATION OF APPLICABLE LAWS. THIS DATA IS TO Fort Worth ETJ 260 500 1,aoe Feet BE USED FOR A GRAPHICAL REPRESENTATION ONLY. THE AC- CURACY IS NOT TO BE TAKEN 1 USED AS DATA PRODUCED FOR ENGINEERING PURPOSES OR BY A REGISTERED PROFESSIONAL LAND SURVEYOR. THE CITY OF FORT WORTH ASSUMES NO RE- SPONSIBILITY FOR THE ACCURACY OF SAID DATA.