HomeMy WebLinkAbout(0122) MSA for AX-19-009.pdfMUNICIPAL SERVICES AGREEMENT
BETWEEN THE CITY OF FORT WORTH, TEXAS AND
AIL INVESTMENT, L.P. / AIL WEST, LLC.
This Municipal Services Agreement ("Agreement") is entered into on day of
by and between the City of Fort Worth, Texas, a home -rule
municipality of the State of Texas, ("City") and AIL Investment, L.P. / AIL West LLC.
("Owner").
RECITALS
The parties agree that the following recitals are true and correct and form the basis
upon which the parties have entered into this Agreement.
WHEREAS, the City is currently classified as a Tier 2 municipality for purposes of
annexation under the Texas Local Government Code ("LGC");
WHEREAS, Section 43.0671 of the LGC permits the City to annex an area if each owner
of land in an area requests the annexation;
WHEREAS, where the City elects to annex such an area, the City is required to enter into
a written agreement with the property owner(s) that sets forth the City services to be provided for
the Property on or after the effective date of annexation (the "Effective Date");
WHEREAS, Owner owns certain parcels of land situated in Denton County,
Texas, which consists of approximately 460.186 acres of land in the City's extraterritorial
jurisdiction, such property being more particularly described and set forth in Exhibit "A"
attached and incorporated herein by reference ("Property");
WHEREAS, Owner has filed a written request with the City for full -purpose annexation
of the Property, identified as Annexation Case No. AX-19-009 ("Annexation Case");
WHEREAS, City and Owner desire to set out the City services to be provided for the
Property on or after the effective date of annexation;
WHEREAS, the Annexation Case and execution of this Agreement are subject to approval
by the Fort Worth City Council; and
NOW THEREFORE, in exchange for the mutual covenants, conditions and promises
contained herein, City and Owner agree as follows:
1. PROPERTY. This Agreement is only applicable to the Property, which is the subject of the
Annexation Case.
2. INTENT. It is the intent of the City that this Agreement provide for the delivery of full,
Owner -Initiated Annexation Service Agreement 1 of 7
available municipal services to the Property in accordance with state law, which may be
accomplished through any means permitted by law. For purposes of this Agreement, "full
municipal services" means all services provided by the City within its full -purpose
boundaries, including water and wastewater services and excluding gas or electrical service.
3. MUNICIPAL SERVICES.
a. Commencing on the Effective Date, the City will provide the municipal services
set forth below. As used in this Agreement, "providing services" includes having
services provided by any method or means by which the City may extend municipal
services to any other area of the City, including the City's infrastructure extension
policies and developer or property owner participation in accordance with
applicable city ordinances, rules, regulations, and policies.
i. Fire — The City's Fire Department will provide emergency and fire protection
services.
ii. Police — The City's Police Department will provide protection and law
enforcement services.
iii. Emergency Medical Services — The City's Fire Department and MedStar (or
other entity engaged by the City after the Effective Date) will provide emergency
medical services.
iv. Planning and Zoning — The City's Planning and Development Department will
provide comprehensive planning, land development, land use, and building
review and inspection services in accordance with all applicable laws, rules,
and regulations.
v. Parks and Recreational Facilities — Residents of the Property will be permitted
to utilize all existing publicly -owned parks and recreational facilities and all such
facilities acquired or constructed after the Effective Date (including community
service facilities, libraries, swimming pools, etc.), throughout the City. Any
private parks, facilities, and buildings will be unaffected by the annexation;
provided, however, that the City will provide for maintenance and operation of
the same upon acceptance of legal title thereto by the City and appropriations
therefor. In the event the City acquires any other parks, facilities, or buildings
necessary for City services within the Property, the appropriate City department
will provide maintenance and operations of the same.
vi. Other Publicly Owned Buildings — Residents of the Property will be permitted
to use all other publicly owned buildings and facilities where the public is
granted access.
vii. Stormwater Utility Services — The Property will be included in the City's
Stormwater Utility service area and will be assessed a monthly fee based on the
amount of impervious surface. The fees will cover the direct and indirect costs
of stormwater management services.
viii. Roads and Streets (including Street lig ting) — The City's Transportation and
Public Works Department will maintain the public streets and streetlights over
which the City has jurisdiction. The City will provide regulatory signage
services in accordance with the City policies and procedures and applicable
laws.
ix. Water and Wastewater to Existing Structures — Occupied structures that are
Owner -Initiated Annexation Service Agreement 2 of 7
using water -well and on -site sewer facilities on the Effective Date may continue
to use the same. If a property owner desires to connect an existing structure to
the City water and sewer system, then the owner may request a connection and
receive up to 200 linear feet of water and sewer extension at the City's cost for
each occupied lot or tract in accordance with the City's "Policy for the
Installation of Community Facilities" and applicable law. Once connected to
the City's water and sanitary sewer mains, the water and sanitary sewage
service will be provided by the City at rates established by City ordinances for
such service.
x. Solid Waste Services — The City will provide solid waste collection services in
accordance with existing City ordinances and policies, except where prohibited
by law.
xi. Code Compliance — The City's Code Department will provide education,
enforcement, and abatement relating to code violations within the Property.
xii. Full Municipal Services — Commencing on the Effective Date, the City will
provide to the Property all services provided by the City within its full -purpose
boundaries and not otherwise listed above, except as provided in Section 3(b).
b. The City will provide water service and wastewater treatment service to developments
established after the Effective Date in accordance with, and on the schedule
determined by, the City's extension policies and applicable law and at rates
established by City ordinances for such services.
c. It is understood and agreed that the City is not required to provide a service that is
not included in this Agreement.
d. Owner understands and acknowledges that the City departments listed above may
change names' or be re -organized by the City Manager. Any reference to a specific
department also includes any subsequent City department that will provide the same
or similar services.
4. SERVICE LEVEL. The City will provide the Property with a level of services, infrastructure,
and infrastructure maintenance that is comparable to the level of services, infrastructure, and
infrastructure maintenance available in other parts of the City with topography, land use, and
population density similar to those reasonably contemplated or projected for the Property.
5. AUTHORITY. City and Owner represent that they have full power, authority and legal right
to execute, deliver and perform their obligations pursuant to this Agreement. Owner
acknowledges that approval of the Annexation Case is within the sole jurisdiction of the City
Council. Nothing in this Agreement guarantees favorable decisions by the City Council.
6. SEVERABILITY. If any part, term, or provision of this Agreement is held by the courts to
be illegal, invalid, or otherwise unenforceable, such illegality, invalidity, or unenforceability
will not affect the validity of any other part, term or provision, and the rights of the parties will
be construed as if the part, term, or provision was never part of the Agreement.
7. INTERPRETATION. The parties to this Agreement covenant and agree that in any litigation
relating to this Agreement, the terms and conditions of the Agreement will be interpreted
Owner -Initiated Annexation Service Agreement 3 of 7
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.
8. GOVERNING LAW AND VENUE. Venue shall be in the state courts located in Tarrant
County, Texas or the United States District Court for the Northern District of Texas, Fort
Worth Division and construed in conformity with the provisions of Texas Local Government
Code Chapter 43.
9. NO WAIVER. The failure of either party to insist upon the performance of any term or
provision of this Agreement or to exercise any right granted hereunder shall not constitute a
waiver of that party's right to insist upon appropriate performance or to assert any such right
on any future occasion.
10. GOVERNMENTAL POWERS. It is understood that by execution of this Agreement, the
City does not waive or surrender any of its governmental powers or immunities.
11. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each
of which shall be deemed an original and constitute one and the same instrument.
12. CAPTIONS. The captions to the various clauses of this Agreement are for informational
purposes only and shall not alter the substance of the terms and conditions of this Agreement.
13. AGREEMENT BINDS AND BENEFITS SUCCESSORS AND RUNS WITH THE
LAND. This Agreement is binding on and inures to the benefit of the parties, their successors,
and assigns. The term of this Agreement constitutes covenants running with the land
comprising the Property, is binding on the Owner and the City, and is enforceable by any
current or future owner of any portion of the Property.
14. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the
parties and supersedes all prior oral and written agreements between said parties. This
Agreement shall not be amended unless executed in writing by both parties.
Executed as of the day and year first above written to be effective on the effective date of
annexation of the Property.
Owner -Initiated Annexation Service Agreement 4 of 7
CITY OF FORT WORTH
LIN
Jesus "Jay" Chapa
Assistant City Manager
Approved as to Form and Legality:
Senior Assistant City Attorney
Attest:
Mary Kayser
City Secretary
Approvals:
M&C
Ordinance No.
STATE OF TEXAS §
COUNTY OF TARRANT §
PROPERTY OWNER
AIL INVESTMENT, L.P.
a Texas limited partnership
By: AIL GP, LLC,
a Texas limited liability company,
its general partner
AIL West, LLC,
a Texas limited liability company
W By: —
Name:
Title: 1
ON
This instrument was acknowledged before me on the day of , 2019,
by Jesus "Jay" Chapa, Assistant City Manager of the City of Fort Worth, a Texas municipal
corporation, on behalf of said corporation.
in
Notary Public, State of Texas
Owner -Initiated Annexation Service Agreement 5 of 7
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on l\., 2019, by L. Russell
Laughlin, Executive Vice President of AIL GP, LLC, a Texas limit d liability company, on behalf
of said limited liability company, in its capacity as general partner of AIL Investment, L.P., a
Texas limited partnership, on behalf of said limited partnership.
`��tiPpY PU�i�� LORI LYNN BOWLING
nNotary Public, State of Texas
Comm. Expires 10-17-2019
5 lE OF ���:
�,,,,,,,,,. Notary ID 124717681 Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument as011
nowledged before me on the day of ur' , 2019,
by W [j11 of AIL West, LLC, a exas limited
liability company, on behalf of said company.
jMM
``,rrurrZ JESSICA K. WALLACE
Notary Public, State of Texas Lary Public, State of Texas
9••P� Comm. Expires 05-13-2022
Notary ID 128268587
After Recording Return to:
City Secretary
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
Owner -Initiated Annexation Service Agreement 6 of 7
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"This document was prepared under 22 TAC 663.21,
does not reltect the results of on on the ground
Survey, and is not to be used to convey or estoblsh
inlerosls in reolproperly e.cepl thole rights and
interests impl ed or esloblished by the creation or
reconfigurotion of the boundary of the pofilicol
sub0ivisior for which it was prepored" AN EXHIBIT r - 1�
ANNEXATION
SITUATED IN THE GREENBERRY OVERTON SURVEY, ABSTRACT NUMBER 972, THE A.W. ROBERTSON SURVEY,
ABSTRACT NUMBER 1553. THE W' ZECKULAR SURVEY, ABSTRACT NUMBER 1454, THE L.A. BUTLER SURVEY,
ABSTRACT NUMBER 64, AND THE W. SAMPLE SURVEY, ABSTRACT NUMBER 1207, DENTON COUNTY, TEXAS
JOB # HWA19011
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BY: D. Freemon I CHECKED BY: T. Bridges DATE: 03.15.19 IPAGE#3 of 3
Exhibit A, Owner -Initiated Annexation Service Agreement Page I of 3
EXHIBIT A
DESCRIPTION OF AN
460.186 ACRE ANNEXATION
BEING a tract of land situated in the L. Butler Survey, Abstract Number 64, the G. Overton
Survey, Abstract Number 972, the W. Sample Survey, Abstract Numberl207, the W. Zeckular
Survey, Abstract Number 1454 and the A.W. Robertson Survey, Abstract Number 1553, Denton
County, Texas and being a portion of that tract of land described in deed to AIL Investment, LP
recorded in Instrument Number 2019-15666, Real Property Records, Denton County, Texas,
being a portion of that tract of land described in deed to AIL West, LLC recorded in Instrument
Number 2019-15667, said Real Property Records and being more particularly described by
metes and bounds as follows;
BEGINNING in the west line of said AIL tracts and being in the east right-of-way line of F. M.
156, (a variable width right-of-way), the beginning of a curve to the right;
THENCE with the east right-of-way of said F. M. 156 the following courses and distances;
With said curve to the right, an arc distance of 2563.58 feet, through a central angle of
32°45'34", having a radius of 4483.66 feet, the long chord which bears N 25°08'59"E,
2528.80 feet;
N 41-31'45"E, 2286.16 feet, to the beginning of a curve to the right;
With said curve to the right, an arc distance of 57.54 feet, through a central angle of
01'11'33", having a radius of2764.79 feet, the long chord which bears N 42010'18"E,
57.54 feet;
S 4702I' 19"E, 19.95 feet, to the beginning of a non -tangent curve to the right;
With said non -tangent curve to the right, an arc distance of 1275.53 feet, through a
central angle of 26037'33", having a radius of 2744.79 feet, the long chord which bears
N 56°02'08"E, 1264.08 feet;
N 58 03 8'l 8"E, 98.51 feet to the beginning of a non -tangent curve to the right;
With said non -tangent curve to the right, an are distance of 1035.84 feet, through a
central angle of 21 °27'58", having a radius of 2764.79 feet, the long chord which bears
N 82005' 16"E, 1029.79 feet to the northeast corner of said AIL tracts, being the
northwest corner of that tract of land described by deed to Jeanne Shelton recorded in
Instrument Number 1999-115848, said Real Property Records;
THENCE S 00038'40"E, 189.80 feet, departing said east right-of-way line, with the east line of
said AIL tracts and the west line of said Jeanne Shelton tract to the most northerly northeast
corner of that tract of land described by deed to the City of Fort Worth, recorded in Instrument
Number 2003-181167, Real Property Records, Denton County, Texas;
THENCE S 79054'33"W, 855.69 feet, with the east line of said AIL tracts and the north litre of
said City of Fort Worth tract;
Peloton Job No. HWA15022 Cole Tracking No. ACFft 7426
March 182019
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Exhibit A, Owner -Initiated Annexation Service Agreement Page 2 of 3
EXHIBIT A
THENCE S I 1 048'34"E, 1973.67 feet, with said east line and the west line of said City of Fort
Worth tract;
THENCE S 18024'07"E, 1278.97 feet, continuing with said common line to the north line of
that tract of land described by deed to the City of Fort Worth, recorded in Instrument Number
2005-73598, Real Property Records, Denton County, Texas;
THENCE S 89042'55"W, 655.44 feet, continuing with said east line and with said north line to
the northwest comer of said City of Fort Worth tract;
THENCE S 00045'46"E, 3451.87 feet, with said east line, to the southeast corner of said AIL
tracts, being the north line of that remainder of that tract of land described by deed to AIL
Investment, recorded in Volume 4246, Page 498, Real Property Records, Denton County, Texas;
THENCE N 87053'57"W, 2751.33 feet, with the south line of said AIL tracts and said north
line, to the southeast corner of that tract of land described by deed to AIL Investment, recorded
in Instrument Number 2014-98370, Real Property Records, Denton County, Texas;
THENCE N 00032'37"W, 26.74 feet, continuing with said south line and with the east line of
said AIL Investment tract;
THENCE N 34012'59"E, 939.29 feet, continuing with said common line;
THENCE N 00032'37"W, 167.80 feet, continuing with said common line to the northeast corner
of said AIL Investment tract;
THENCE S 89027'28"W, 843.17 feet, to the northwest corner of said AIL Investment tract;
THENCE departing said south line over and across said AIL tracts the following bearings and
distances:
N 00059'29"E, 109.87 feet;
N 89042'54"W, 802.96 feet;
N 00°18'30"E, 827.19 feet;
THENCE N 88049'57"W, 291.31 feet, to the Point of Beginning and containing 20,045,698
square feet or 460,186 acres of land more or less.
I- Deslis document"
cription-2Pages
2. Exhibit �_• ? yF�
0
"This document was prepared under 22 TAC 663.21, does not reflect :•e "' ............
the results of an on the ground survey, and is not to be used to convey o
or establish interests in real property except those rights and interests
•ssro,.
implied or established by the creation or reconfiguration of the boundary SUAVE
of the political subdivision for which it was prepared."
Peloton Job No. HWA15022 '%
Cole i Tracking No. ACF# 7426
March 18, 2019
G:\JOB\HWA19011_COLE_470_ENT\MASTER DEV\_SURVEY\EXHIBITS\LEGALS\HWA15022_AXI.DOCX Page 2 of 3
Exhibit A, Owner -Initiated Annexation Service Agreement Page 3 of 3