HomeMy WebLinkAboutContract 27132 CITY SECRETARY
CONTRACT NO.
DEVELOPER'S AGREEMENT
BETWEEN THE CITY OF FORT WORTH
AND SCOTT COMMUNITIES DEVELOPERS LIMITED PARTNERSHIP
FOR BONDS RANCH
This Developer's Agreement for Bonds Ranch (the "Agreement") is made as of the 1 �
day of O � , 2001, by the City of Fort Worth, Texas ("City") and Scott
Communities Developers Limited Partnership, a Texas limited partnership ("Developer").
WHEREAS, Developer proposes to develop (i) approximately 656 acres of land (the
"656 Acres") that it anticipates purchasing; and (ii) approximately 1,567 acres of additional land
(the "Option Land") that Developer also anticipates purchasing. The 656 Acres and the Option
Land are collectively referred to hereafter as the "Project", which is described in its entirety in
Exhibit "A" attached and incorporated herein. The 656 Acres are described on Exhibit `B"
attached and incorporated herein. The "Option Land" consists of all property described in
Exhibit"A", except for the 656 Acres described in Exhibit`B"; and
WHEREAS, Developer desires that portions of the Project be annexed from time to time
into the boundaries of City, on the basis set forth below, and be developed into a primarily low-
density single-family residential development with limited neighborhood-serving commercial
uses; and
WHEREAS, Developer may elect to develop some or all of the single-family residential
portion of the Project as gated communities with private streets constructed in accordance with
City standards and maintained by private sources; and
WHEREAS, because of certain attributes of the Project, City has a substantial interest in
the development of the Project; and
WHEREAS, development of the Project, pursuant to the terms of this Agreement, as a
primarily single-family residential development at an average density of no more than three
residential units per acre will create a valuable addition to City,will enhance the tax base of City,
is in the best interest of the public, and will otherwise benefit City; and
WHEREAS, this Agreement was approved on October 16, 2001, by the Fort Worth City
Council(Mayor and Council Communication C-18801);
NOW THEREFORE, in exchange for the mutual covenants, conditions and promises
contained herein, City and Developer agree as follows:
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1. PLATTING
(a) A revised concept plan for 2,223 acres (CP-01-003) which is attached
hereto as Exhibit "C", consisting of a portion of the property included in CP-99-003 (previously
approved by the Plan Commission on June 23, 1999), was approved by the Plan Commission on
July 25, 2001. A revised preliminary plat for Lago Vista at Bonds Ranch, PP-01-018, consisting
of 772 dwelling units on 656 acres was also approved by the Plan Commission on July 25, 2001.
A portion (492 acres) of this revised preliminary plat was previously approved by the Plan
Commission on June 23, 1999 as PP-99-035. A final plat for an 82.003 acre portion of the
Project, FP-01-020 (the "Lago Vista Plat") has been approved and was filed in the Tarrant
County plat records on May 8, 2001. The final platted area is consistent with the previously
approved preliminary plat (PP-99-035) and the revised preliminary plat (PP-01-018) approved by
the Plan Commission on July 25, 2001. A legal description of the lots within the Lago Vista
Plat has been provided as Exhibit `B-l", which is attached and incorporated herein. Final plats
for the remainder of the 656 Acres shall be submitted in accordance with Section 3(a).
(b) Pursuant to Chapter 212A of the Texas Local Government Code,
Developer will make application from time to time for approval by the Plan Commission of one
or more new preliminary subdivision plats (the "New Plats") for portions of the Option Land it
acquires, which shall be in reasonable and general conformance with the concept plan attached as
Exhibit "C", or any amendments to such concept plan approved by the Plan Commission in the
future (the"Concept Plan"). The New Plats shall be submitted in accordance with Section 3(a).
(c) In connection with approval of all final plats, Developer agrees (and City
staff will recommend) that City and Developer shall enter into one or more Community Facilities
Agreements whereby Developer will make certain subdivision improvements consistent with the
City's written policy for installation of community facilities, except as such policy may be
modified by the terms hereof.
(d) All purchasers of any portion of the 656 Acres or the Option Land acquired
by Developer shall be bound by the terms of this Agreement,pursuant to Section 8. Filing of a
final plat for any remaining part of the 656 Acres and approval of all New Plats shall be
conditioned on execution by Developer of an amendment to this Agreement reflecting a revised
and more accurate description for the platted property,which amendment shall be filed by City in
the Tarrant County property records.
2. SUBDIVISION IMPROVEMENTS
(a) Prior to acceptance of dedication/maintenance of subdivision
infrastructure by City on each portion of the Project, Developer, at its sole expense, will make
on-site street, drainage, water and sanitary sewer improvements to such portion of the Project in
accordance with Community Facilities Agreements executed by the parties.
(b) During the course of making the improvements, City will be granted
access to the Project and will have the right to inspect the work.
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(c) Upon completion by Developer and City inspection and approval of the
improvements for a portion of the Project, and upon the annexation of such portion of the Project
in accordance with Section 3, City will accept public dedication and maintenance of such
infrastructure and will then serve the residents of such portion of the Project with water and
sanitary sewer service at standard City rates.
(d) Developer will meet the standard dedication requirements and
development requirements for community and neighborhood park dedication applicable to
developments within the city. If Developer exceeds dedication and/or development requirements
for one or more phases of the Project, Developer may reduce the amount of land and funds it
dedicates for the development of parks, as applicable, for subsequent phase(s), provided that the
cumulative amounts of land dedicated for parks and funds paid for park development are in
compliance with park policy applicable to developments in the city.
(e) Developer agrees that each portion of the Project shall be developed in
accordance with the City of Fort Worth ordinances and development and construction standards
existing at the time such portion of the Project is developed, unless otherwise provided by this
Agreement, provided, however, nothing herein shall be deemed to modify or negate any vested
or pre-annexation rights Developer may have with regard to the property that comprises the
Proj ect.
(f) The paving cross section detail shown on Exhibit "D" attached hereto and
incorporated herein by reference shall be an allowable paving specification for all private streets
within the Project which abut residential lots with a minimum lot size of one-half acre. All other
residential subdivisions shall meet the City's standard paving construction specifications.
3. ANNEXATION AND ZONING
(a) Prior to connecting Developer's water or wastewater system for any
portion of the Project to the City's water system, Developer will petition for annexation of such
portion of the Project by City pursuant to Chapter 43 of the Texas Local Government Code.
Developer will petition for annexation of the 82.003 acres covered by the Lago Vista Plat and
approximately 53.319 acres identified on Exhibit "B" attached hereto and incorporated herein by
reference (the "Phase 1B Land") within 30 days after execution of this Agreement. The City will
designate any additional property that may be required to be annexed to comply with Chapter 43
of the Local Government Code. Thereafter, prior to or concurrently with the submission of a
final subdivision plat for any remaining portion of the 656 Acres, Developer shall submit a
petition to annex the property that is the subject of such final plat. Prior to or concurrently with
the submission of a preliminary subdivision plat for any portion of the Option Land which is
acquired by Developer,Developer shall submit a petition to annex the property that is the subject
of such preliminary plat. Upon receipt of each such annexation petition, the City Council will
schedule the required public hearings and will consider the annexation request. City staff will
recommend approval of each proposed annexation, provided Developer is in compliance with all
terms of this Agreement. With the exception of homes constructed on one-acre lots in the area
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covered by the Lago Vista Plat, Developer shall not commence construction of any enclosed,
habitable commercial, industrial or residential building until the property on which the building
is located has been annexed by the City.
(b) Notwithstanding anything to the contrary contained herein, in the event
City fails to approve Developer's annexation petition for a portion of the Project within six (6)
months of its original submission, Developer may withdraw such annexation petition and/or any
associated zoning petitions and may commence construction and development of any
commercial, industrial, or residential buildings or structures on such portion of the Project it
chooses, subject to any regulations and/or ordinances that would otherwise apply to such
construction or development in the absence of this Agreement, and provided that City shall
retain all annexation authority otherwise granted by law. In the event Developer withdraws its
annexation request for any portion of the Project pursuant to the terms of this Section 3(b), this
Agreement shall continue to remain in full force and effect with respect to the remaining portions
of the Project to the extent practicable.
(c) Concurrent with petitioning for annexation of each portion of the Project,
Developer will file an application requesting that such portion of the Project be zoned for mixed-
use development consisting primarily of low-density single-family residential development and
limited neighborhood-serving commercial uses, consistent with the Concept Plan. The number
of residential units will not exceed an average of three residential units per acre based on the
entire gross acreage of the Project. Subject to zoning approval by the City Council, portions of
the Project may be developed with more than three residential units per acre, provided that the
cumulative average density for all land for which a final plat has been approved and construction
has commenced does not exceed three residential units per acre at any time.
4. WATER AND SANITARY SEWER FACILITIES
(a) Developer will submit a comprehensive water and wastewater master plan
for the Project to the City's Water Department within 30 days after the effective date of this
Agreement. Upon review by the Water Department, Developer will modify such plan, as
needed, to comply with the Water Department's design criteria and extension policy.
(b) The City will construct a 16" water main approximately 7200 feet in
length in and along the right-of-way of Bonds Ranch Road from Boat Club Road to the entrance
of Lago Vista, as shown on the Lago Vista Plat, and connect the line with the existing 12" line in
the right-of-way of Boat Club Road ("Phase 1" as shown on Exhibit "F" attached and
incorporated by reference). City will commence construction of such 16" water main upon
receipt of the water and wastewater master plan referenced in paragraph(a) above.
(c) The City has constructed a 36" water main along Bonds Ranch Road
terminating approximately 1'/z miles east of U.S. Highway Bus. 287, as shown on Exhibit "F"
attached and incorporated by reference (the "36 Inch Main"). The City will construct a water
main along Bonds Ranch Road from the 36 Inch Main's current point of termination to the 16"
water main referenced in paragraph (b) above to fully serve the water volume needs of the
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Project and other surrounding developments ("Phase 2" as shown on Exhibit "F" attached and
incorporated by reference). City shall commence the design of such water main after Developer
extends off-site gravity sewer main to the dwelling units in the area covered by the Lago Vista
Plat and shall begin construction of the water main after the City has acquired approximately 100
water customers in such area. In no event will construction begin prior to the design phase
prerequisite being met.
(d) Prior to the City's development of adequate water system infrastructure to
serve the Northside 4 Pressure Plane, Developer shall construct at Developer's expense any
interim water system infrastructure that is necessary to provide adequate water pressure to areas
of the Project in the Northside 4 Pressure Plane. Additionally, upon the request of the City,
Developer shall dedicate up to but no more than ten contiguous acres of land then owned by
Developer for a water storage facility, provided the requested location and acreage is reasonable
in light of the City's water storage needs.
(e) Developer, at no expense to the City, shall construct all internal water and
wastewater lines and connections to serve all lots in the Project based on the Water Department's
design criteria, including those lots that Developer intends to initially develop with on-site water
wells and/or individual wastewater systems.
(f) Upon receipt of Developer's comprehensive water and wastewater master
plan and approval of the plan by the Water Department, the City shall begin an expansion of
existing wastewater lift stations along the south side of Boat Club Road sufficient to meet the
wastewater needs of the Project.
(g) Developer acknowledges that a maximum of 66 houses with net one acre
lots will be constructed in the area covered by the Lago Vista Plat with on-site wells and on-site
wastewater systems. Prior to annexation of the area covered by the Lago Vista Plat, Developer
shall pay the current city tap and/or impact fees for each developed or sold lot within such plat.
The purchasers of all such homes or lots shall connect their property to City sewer and water
systems after Developer installs the water and sewer mains and taps and after these systems are
connected to the City's system. Developer shall notify each purchaser at closing that water and
sewer plumbing reroute and permit cost is the purchaser's responsibility. Upon connection of a
home to the City water system, the property owner may continue to use the on-site well for
irrigation purposes only and shall disconnect the well from plumbing in accordance with City
codes. The City has no obligation to extend water and sewer to any of such houses without
payment of water and sewer impact fees and meter deposits.
(h) For all lots other than those located in the Lago Vista Plat, water and
sewer impact fees and meter deposits shall be paid to the City in accordance with standard City
policies at the time each building permit is issued.
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5. TERM
This Agreement shall terminate 15 years after the effective date of this Agreement or on the
expiration of a 24-month period without the filing of a final plat for a portion of the Project,
whichever occurs first.
6. APPLICABILITY
This Agreement applies only to those portions of the 656 Acres and the Option Land acquired by
Developer. Developer shall notify the City Manager in writing, with a copy to the City Attorney,
within 30 day after purchasing any portion of the 656 Acres or the Option Land. If an option to
purchase all or any part of the Option Land terminates or expires, Developer shall notify the City
Manager in writing, with a copy to the City Attorney, within 30 days.
7. AUTHORITY
City and Developer represent that they have full power, authority and legal right to execute,
deliver and perform their obligations pursuant to this Agreement. Developer acknowledges that
approval of the New Plats is within the sole jurisdiction of the Plan Commission, the requests to
zone the Project for mixed (primarily low-density single-family residential) uses are subject to
consideration by the Zoning Commission and approval by the City Council, and annexation
ordinances and Community Facilities Agreements are subject to approval by the City Council.
Nothing in this Agreement guarantees favorable decisions by the Plan Commission and the City
Council; provided, however, City staff will support Developer's applications on the terms set out
herein.
8. TRANSFER
(a) With the exception of the following four (4) situations, Developer shall
not convey title to any portion of the Project before such property is annexed by the City without
the City's written consent: (i) Developer may convey title to the Phase IB Land and the 66
residential one-acre lots in the Lago Vista Plat; (ii) Developer or the owner (or its respective
lessees, successors or assigns) of any oil, gas or,other mineral interests in, on, or under any
portion of the Project may enter into agreements, contracts or leases with third parties for the
exploration, drilling, or mining for, or the development, extraction, production or marketing of
any oil, gas or other mineral interests found in, on, or under any portion of the Project and may
convey any and all mineral interests or property necessary thereto; (iii) Developer may convey
title to any portion of the Project to an entity or trust in which Steven S. Robson has a 25% or
greater ownership or beneficial interest, respectively; and (iv) Developer may convey title to any
portion of the Project for which Developer has withdrawn its annexation petition pursuant to
Section 3(b).
(b) Developer may convey title to any portion of the Project after such
property is annexed by the City without City's consent.
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(c) All purchasers of the property covered by this Agreement shall be bound
by all terms of this Agreement and shall be bound to perform Developer's obligations hereunder,
which shall run with the land. Developer warrants and agrees that it will require purchasers of
any portion of the Project to execute an assumption of all obligations hereunder as part of such
conveyance.
9. OIL, GAS,AND MINERAL INTERESTS
Notwithstanding anything to the contrary contained in this Agreement, nothing herein shall be
deemed to prohibit the owners of any oil, gas, and mineral interests in, on, or under any portion of
the Project, and/or their lessees, successors, or assigns, from engaging in the exploration, drilling,
or mining for, or the development, extraction, production or marketing of any such oil, gas or
other minerals found in, on, or under any portion of the Project if such activities are commenced
on such portion of the Project prior to annexation by the City. If a portion of the Project has been
annexed by the City prior to the commencement of any of the aforementioned activities thereon,
all such activities on such portion of the Project shall be conducted in compliance with the City
ordinances which govern such activities. The terms of this Section 9 shall survive the termination
or expiration of this Agreement.
10. UNENFORCEABILITY
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 shall 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.
11. 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.
12. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties and supersedes all prior oral
and written agreements between said parties.
13. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall constitute an original, and
all of which, taken together, shall constitute a single,binding agreement.
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Executed as of the day and year first above written.
ATTEST CITY OF FORT WORTH,
a Texas municipal 'Vora
t —
���� By:
G ona Pear on Mike Groomer
City Secret ry Assistant City Manager
APPROVED AS TO FORM AND DEVELOPER:
LEGALITY
SCOTT COMMUNITIES
DEVELOPERS LIMITED
PARTNERSHIP
Marcella Olson
Deputy City Attorney By Scott Communities, L.L.C.,
Its general partner
By.
contract Authorization Sty nRobs n, Membe
ew
Date By:
le e Flores, ember
THE STATE OF Ab'?a&W
COUNTY OF 1-
BEFORE ME, the undersigned Notary Public in and for said county and state, on this day
personally appeared Steven Robson, 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
2001. _
vooZ'nl A nP saa!&:3'wwo0 AIN --
I+LN(100 W0018M
NIA
euozVV jD eMIS-nii4nd Aje}oN - Notary Publi i and fort State of ZoNA
�10lVa IVIOUAa My commis ' expires:
Oad ��C�c�QD
8 ��,7gr0��1�1IWW'�f�����MPY
• u0 �iIYYY YCYq�
THE STATE OF
COUNTY OF A-
BEFORE ME, the undersigned Notary Public in and for said county and state, on this day
personally appeared Jesse Flores, 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 ech&t-
2001. OFFICIAL SEAL
EVE�YN BECK
Notary Public-suo of Mzar►a
Y1AHfCUPA CUUtJ18 Nota Public i and fort State of ?W64-
My Comm, iro July tA,29D4 rY
My commission expir o/
THE STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned Notary Public in and for said county and state, on this day
personally appeared Mike Groomer, 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 /r �day of
2001.
.,�PaYP�e.•. ROSELLABARNES
NOTARY PUBLIC Notary Public in and for the State of
Ny State of Texas ,
Comm, to f Texas
2005 My commission expires: L��,, 2, ,o ers—
••N..N
After recording, return to:
Marcella Olson
Department of Law
City of Fort Worth
1000 Throckmorton
Fort Worth, Texas 76102
9
IEXMIT A
BEING a tract of land situated in the R. GANGARA SURVEY, Abstract No. 563, the
ALEXANDER, CRAIN, HARRIS and BROOKS SURVEY, Abstract No. 55, the T. and
P. R.R. Co. SURVEY, Abstract 1568, the J. WILCOX SURVEY, Abstract No. 1722, the
Y. SAMORA SURVEY, Abstract No. 1385, the J.P. SMITH SURVEY, Abstract No.
1916, the J. HOLT SURVEY, Abstract No. 1892, and the M.E.P. and P. R.R. Co.
SURVEY, Abstract No. 1138, situated in Tarrant County, Texas and being a portion of
that tract of land as conveyed to John Millard Bonds by deed recorded in Volume 8945,
Page 1547 of the Deed Records of Tarrant County, Texas (DRTCT J, being those some
lracls of land as described in deed to Hicks Road Investors, Ltd., recorded in Volume
13887, Page 68, DRTCT and being more particularly described as follows:
BEGINNING at the northwest corner of said Parcel P in the east line of Boot Club
Rood (F.M. Hwy. No. 12201 and in Peden Rood (County Road No. 4038 J,
THENCE along the north line of Parcel P of said Bonds tract, in said Peden Rood, the
following:
S 87.36'54' E, a distance of 256.39 feel,
S 89.08'01' E, a distance of 1930.56 feel,
S 00.01'09' E, a distance of 17.81 feet, .
S 89.5258' E, al a distance of 5293.83 feet passing the northeast corner of said
Parcel P and the northwest corner of Tract No. 4 as described in deed to Texas
Electric Service Company, recorded in Volume 2542, Page 1, DRTCT, continuing
a total distance of 10182.60 feel to the northeast corner of Parcel J of said Bonds
tract,
THENCE S 00.16'30' W, the eosl.line of said Parcel✓and Parcel G of said Bonds tract,
a distance of 2483.30 feet,
THENCE N 89.50'40' W, a distance of 200.00 feel,
THENCE S 00.09'19' W, a distance of 1641.81 feel to the south line of Bonds Ranch
Road (120'R.0.W. J,
THENCE N 89.56'47' E, along the south line of said Bonds Ranch Road, a distance of
196.26 feet to the northeast corner of said Hicks Rood Investors, Ltd. TRACT 1,
THENCE S 00.12'I5' W, departing the south line of said Bonds Ranch Rood, along the
east line of said Hicks Road Investors, Ltd. TRACT 1, a distance of 5449.47 feel to the
southeast corner of said Hicks Rood Investors, Ltd. TRACT 1,
THENCE N 89.10'42' W, along the south line of said Hicks Road Investors, Lid.
TRACT I, a distance of 2625.79 feel,
THENCE S 00.30'34' W, departing the south line of said Hicks Rood Investors TRACT
I, traversing a tract of land as described in deed to Texas Electric Service Company,
recorded in Volume 6865, Page 414 8 Volume 2542, Page 1, DRTCT, at a distance of
439.71 feel passing the south line of said Texas Electric Service Company tract and the
northeast corner of said Hicks Road Investors, Ltd. called 47.242 acre tract, continuing a
total distance of 1324.58 feet to the southeast corner of said called 47.242 acre tract,
THENCE N 89.39'19' W, along the south line of said called 47.242 acre tract, a distance
of 2298.19 feel to the southwest corner of said called 47.242 acre tract,
THENCE N 00.13'49' E, a distance of 904.31 feet to the northwest corner of said called
47.242 acre tract,
THENCE N 00.08'07' E, a distance of 439.46 feel to the southwest corner of said Nicks
Road Investors, Ltd. TRACT I,
THENCE N 00./0'44' E, along the west line of said Hicks Rood Investors, Lid. TRACT
1, a distance of 287.99 feet to the southeast corner of said Texas Electric Service
Company Tract No. 4,
THENCE N 89.33'02' W, along the south line of said Texas Electric Service Company
Tract 4 and the south line of Parcel N of said Bonds tract, a distance of 3395.61 feel to
the southwest corner of said Parcel N in the east line of said Boat Club Road,
THENCE N 13.28'52' W, along the west line of said Parcel N and the east line of said
Boot Club Road, a distance of 2222.32 feet to the intersection of the east line of said
Boat Club Rood, with the south line of said Hicks Rood,
THENCE N 13.25'47' W, a distance of 120.00 feet to the intersection of the east line of
said Boat Club Road, with the north line of said Hicks Rood,
THENCE along the west line of Parcel 0 of said Bonds tract, the west line of said Parcel
P and the east line of said Boat Club Road, the following+
N 13.30'05' W, a distance of 546.08 feel to the Point of Curvature of a circular
curve to the left having a radius of 2914.50, a central angle of 14.30'54' and being
sublended by a chord which bears N 20.4531' W, 736.32 feel,
Northwesterly along said curve to the left, a distance of 738.29 feel to the point of
longency,
N 28.00'56' W, along the east line of said Boot Club Road, a distance of 6535.41
feet to the POINT OF BEGINNING and containing 2223.055 acres of land,
more or less, SAVE 8 EXCEPT the Texas Electric Service Company tracts
recorded in Volume 2542, Page t, DRTCT, Volume 6865, Page 414, DRTCT
and Volume 2542, Page I, DRTCT and the Bonds Ranch Rood Righl—Of—Way..
TRACT l
BEING a Iroct of land situated in the Ramon Gongaro Survey, Abstract No. 563, the
Alexander, Crain, Harris and Brooks Survey, Abstract No. 55 and the Texas 8 Pacific
Railroad Company Survey, Abstract No. 1568, Tarrant County, Texas, being a that some
tract of land (TRACT l) as described in deed to Hicks Road Investors, Ltd., recorded in
Volume 13887, Page 68 of the Deed Record of Tarrant County, Texas (DRTCT) and being
more particularly described as follows:
BEGINNING al the intersection of the south line of Bonds Ranch Rood (120'R.O.W. per
Right-Of-Way Parcel A, Volume 13449, Page 39, DRTCT) with the west line of said Hicks
Road Investors, Ltd. TRACT t and the east line of a tract of land (Tract No. 47 as
described in deed to Texas Electric Service Company, recorded in Volume 2542, Page
1, DRTCT, being the point of curvature of o curve to the right, having a radius of 1440
feel,
THENCE Northeasterly, along the south line said Bonds Ranch Rood and said curve to
the right an orc length o1 239.0/ feel, having a chord of N 85.11'29' E, 238.74 feel to the
point of longency,
THENCE N 89.56'47' E, along the south line of said Bonds Ranch Rood, a distance of
4625.91 feel,
THENCE S 00.12'15' W, o distance of 5449.47 feet,
THENCE N 89.10'42' W, along the north line of a Texas Electric Service Company tract,
o distance of 4931.28 feel,
THENCE N 00.10'44' E, departing the north line of said Texas Electric Service Company
Iracl, a distance of 288.06 feet to the southeast corner of said Texas Electric Service
Company Tract No. 4,
THENCE N 00.58'00' E, along the east line of said Texas Electric Service Company Tract
No. 4, a distance of 5067.04 feel to the POINT OF BEGINNING and containing 606.644
acres, more of less. .
TRACT 2
BEING a Iract of land situated in the Alexander, Crain, Harris and Brooks Survey, Abstract
No. 55, Tarrant County, Texas and being a lhol some called 47.242 ocre tract of land as
described in deed to Hicks Rood Investors, Ltd., recorded in Volume 13887, Page 68 of
the Deed Record of Tarrant County, Texas (DRTCT) and being more particularly
described as follows+
COMMENCING al the intersection of the south line of Bonds Ranch Rood (120'R.O.W.
per Righl-Of-Woy Parcel A, Volume 13449, Page 39, DRTCT) with the west line of a tract
of land (TRACT 1) as described in deed to Hicks Rood Investors, Ltd., recorded in
Volume 13887, Page 68, DRTCT and the east line of a tract of land (Tract No. 4) as
described in deed to Texas Electric Service Company, recorded in Volume 2542, Page
1, DRTCT,
THENCE S 00.58'00' W, departing the south line of said Bonds Ranch Rood, along the
west line of said Hicks Road Investors, Ltd. TRACT 1 and the east line of said Texas
Electric Service Company Tract No. 4, a distance of 506 7.08 feet to the southeast corner
of said Texas Electric Service Company Tract No. 4,
THENCE S 00.10'44' W, along the west line o1 said Hicks Rood Investors, Ltd. TRACT 1,
a distance of 288.06 feet to the north line of a Texas Electric Service Company tract,
THENCE S 00.l0'44' W, a distance o1 287.99 feel to the POINT OF BEGINNING of the
herein described tract of land,
THENCE S 89./0'17' E, a distance of 2302.62 lee/ to the northwest corner of the J.A.
McNull Survey, Abstract No. 1151,
THENCE S 00.30'34' W, a distance of 884.87 feet to the westerly southwest corner of the
J.A. McNutt Survey,
THENCE N 89.39'19' W, a distance of 2298.19 feel,
THENCE N 00.13'49' E, a distance of 904.31 feel to the POINT OF BEGINNING and
containing 47.243 acres, more of less. .
09/04/2001 10:51 4463116 GOODWIN MARSHALL PAGE 02
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City of Fort Worth, Texas
qV611jor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
10/16/01 C-18801 60SCOTT 1 of 2
SUBJECT APPROVAL OF DEVELOPER'S AGREEMENT BETWEEN THE CITY OF FORT
WORTH AND SCOTT COMMUNITIES DEVELOPERS LIMITED PARTNERSHIP FOR
BONDS RANCH
RECOMMENDATION:
It is recommended that the City Council:
1. Approve the attached Developer's Agreement between the City of Fort Worth and Scott
Communities Developers Limited Partnership for Bonds Ranch; and
2. Authorize the City Manager or this designee to execute the agreement.
DISCUSSION:
Scott Communities Developers Limited Partnership (Scott) owns approximately 135 acres and has
options to purchase approximately 2,118 additional acres near Eagle Mountain Lake in an area
generally bordered by Peden Road on the north, Boat Club Road on the west, a TXU easement on the
south, and the proposed Chapel Hill development on the east. The Plan Commission has approved a
concept plan for the entire 2,253 acres, a preliminary plat for a 656-acre portion of the property, and a
final plat for 82 acres covered by the preliminary plat.
The attached agreement provides certain conditions for platting, annexation and development of the
135 acres currently owned by Scott, and those portions of the 2,118 acres for which Scott exercises its
option to purchase. The principal terms of the agreement are as follows:
• Scott agrees to submit a petition to annex the 135 acres currently owned by Scott within 30
days after the agreement is executed. Scott agrees to submit an annexation petition before
submitting a final plat for any remaining part of the 656 acres for which a preliminary plat has
been approved, and before submitting a preliminary plat for any remaining portion of the
property. Scott may not construct any enclosed, habitable commercial, industrial or residential
building on property that has not been annexed. The agreement permits oil and gas drilling and
production on the property prior to annexation.
• Concurrent with petitioning for annexation of any portion of the property covered by the
agreement, Scott will file a zoning application seeking mixed-use zoning consisting primarily of
low-density, single-family residential development and limited neighborhood-serving commercial
uses. The number of residential units per acre will not exceed an average of three residential
units per acre based on the gross acreage of the project.
Scott's obligations under the agreement will be binding on all subsequent purchasers of property that is
subject to the agreement.
City of Fort Worth, Texas
4volvar And Council communicalflon
DATE REFERENCE NUMBER LOG NAME PAGE
10/16/01 C-18801 60SCOTT 2 of 2
SUBJECT APPROVAL OF DEVELOPER'S AGREEMENT BETWEEN THE CITY OF FORT
WORTH AND SCOTT COMMUNITIES DEVELOPERS LIMITED PARTNERSHIP FOR
BONDS RANCH
Upon approval of this contract, the City agrees to begin construction of a 16-inch water main
approximately 7,200 feet in length along Bonds Ranch Road east from Boat Club Road. In addition,
the City agrees to connect this water main to an existing main that terminates approximately 1 '/2 miles
east of U.S. Business 287. The City will begin construction of the Phase II water main connection upon
acquisition of at least 100 water customers in this development, and after Scott constructs required
sewer improvements.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
MG:n
Submitted for City Manager's FUND I ACCOUNT CENTER I AMOUNT CITY SECRETARY
Office by: (to)
Mike Groomer 6140 APPROVED
Originating Department Head: CITY COUNCIL
Dale Fisseler 8207 (from) O C T 16 ?001
Additional Information Contact: 14111.1 e)
City Secretary of tha
Dale Fisseler 8207 City of 4',W'North Tr;,i