HomeMy WebLinkAbout(0092) 20-0811 MSA Litsey Creek Cottages - Signed.pdfMUNICIPAL SERVICES AGREEMENT
BETWEEN THE CITY OF FORT WORTH, TEXAS AND
RUSSELL AND KELLI RAGSDALE, NOLIN AND SAMMYE RAGSDALE, I AM ONE,
INC., CORNERSTONE BIBLE CHURCH, RANDAL DWAYNE MAHAN, LITSEY
PROPERTY, LLC, AND LOVJOT MANSHIANA AND MANJOT MASHIANA.
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 the following owners (collectively,
"Owner"): 1) Russell and Kelli Ragsdale; 2) Nolin and Sammye Ragsdale; 3) I AM ONE, Inc.; 4)
Cornerstone Bible Church; 5) Randal Dwayne Mahan; 6) Litsey Property, LLC; and 7) Lovjot
Mashiana and Manjot Mashiana.
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 64.57 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-20-001 ("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
Owner-Initiatcd Anncxation Service Agreement 1 of 7
Annexation Case.
2. INTENT. It is the intent of the City that this Agreement provide for the delivery of full,
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 lighting) — 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
Owner-Initiatcd Anncxation Service Agreement 2 of 7
services in accordance with the City policies and procedures and applicable
laws.
ix. Water and Wastewater to Existing Structures — Occupied structures that are
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.
Owner-Initiatcd Anncxation Service Agreement 3 of 7
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
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-Initiatcd Anncxation Service Agreement 4 of 7
CITY OF FORT WORTH
Dana Burghdoff
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 §
This instrument was acknowledged before me on the day of , 20_,
by Dana Burghdoff, Interim Assistant City Manager of the City of Fort Worth, a Texas
municipal corporation, on behalf of said corporation.
Notary Public, State of Texas
Owner-Initiatcd Anncxation Service Agreement 5 of 7
cry r'e5tc2�
Russell Ragsdale
Kelli Ra sdale
STATE OF TFX45
COUNTY OF rJ,1:�'ry t TO f✓
This instrument was acknowledged before me on the & day of J U L% , 20" ,
by Russell Ragsdale.
Notary Public
STATE OF���
COUNTY OF Vff�Ned A✓
�.�Pva'Pj/, CHRI-STOPHER RYAN
:1P '/BAG
;_°;;� Notary Public, State of Texas
Comm. Expires 02-05-2022
f//fir ••'(`4'
'vi;,,O;,1,1`N Notary ID 131437275
This instrument was acknowledged before me on the day of 2020
by Kelli Ragsdale.
Notary Public
CHR1'STOPHER RYAN
%Notary Public, State of Texas
q}Q Comm. Expires 02-05-2022
;.�`� Notary IQ 131437275
Owner -Initiated Annexation Service Agreement 6 of 7
4t�i
Nolin Ragsdale
STATE OF Y i §
ti
COUNTY OF� §
This instrument was acknowledged before me on the "`f' day of , 20�26
by Nolin Ra sdale.
By:
Notary Public
STATE OF O ri�CG
COUNTY OF
KIMBERLY E THOMAS
*: *c Notary Public, State of Texas
Comm. Expires 08-23-2021
Notary ID 179426-8
This instrument was acknowledged before me on the day of _, 20
by Sammye Ragsdale.
KIMBERLY E THOMAS
*"r = Notary Public, State of Texas
By: Comm. Expires 08-23-2021
Notary ID 179426-8
Notary Public
Owner-lnitiated Annexation Service Agreement 7 cf 7
PROPERTY OWNER
I AM ONE, Inc.,
a Texas incorporated company
By: 'k'
Robert Courtney Ragsdale, resident GCS
STATE OF
COUNTY OF §
This instrument was acknowledged before me on the —14 day o , 20,70
by Robert Courtney Ragsdale, as President of I AM ONE, Inc., a Texas incoi rate c mpany, on
behalf of said incorporated company. w .
o``PF pGeKIMBERLY E THOMAS
*. *: Notary Public, State of Texas
By: Comm. Expires 08-23-2021
��}`' Notary ID 179426-8
Notary Public
Owner -Initiated Annexation Service Agreement 8 of 7
PROPERTY OWNER
Cornerstone Bible Church
gnature
j o
Printed Name
STATE OF
COUNTY OF be^ t-Or,
Title
This instrument was acknowledged before me on the /O _ day of St (, , 20�
by We �-s c, (Name, Title) of Cornerstone Bible Church.
Notary Public
ABIGAIL READ
Notary Public State of Texas
Comm. Expires 07-30-2023
Notary ID 132108850
Owner -Initiated Annexation Service Agreement 9 o1'7
AA ��f
Randal Dwayne Mahan
STATE OF §
COUNTY OF §
This instrument was acknowledged before me on the day of UVI _ 24P
by Randal Dwayne Mahan.
: GAY
SUSAN MAHAN
Notary Public N . �` My Notary IQ # 125021037
Expires August 13, 2020
Owner -Initiated Annexation Service Agreement 10 of 7
PROPERTY OWNER
Litsey Property, LLC
a. Texas limited liability company
By:
Sovnature
Printed Name
STATE OF -
COUNTY OF '�
Iis Instru en t ackno edged
by
liability ompany, on behalf of said limited
fly:
Notary .Public
Title
before me on the � day of
(Name, Title) of Litsey Property, MCC', a exas limited
liability company.
.laVada Johnson
MY Commission Expires 08/02/2023
pp+ ID No. 36a7594
Owner -Initiated Annexation Service Agreement I I cif 7
PROPERTY OWNER
Lovjot Mashiana
Manjot Mashiana
Lovjo Mashiana
Manjot a Jana
STATE OF e y G� S
COUNTY
This instrument was acknowledged before me on the day of6.kCW,�,j, 20 d-o
by Lovjot Mashiana.
.`P►p P���i� LAUREN ENDSLEY
6
= Notary Public, State of Texas
Comm. Expires 04-21-2024
�!40tary Public
uMlo%� Notary ID 132445237
STATE OF S §
COUNTY OF
This instrument was acknowledged before me on the )-` day of 2QoG
LAUREN ENDSLEY
EE:
tary Public, Stateof Texasomm. Expires 04.21-2024
Notary iD 132445237
(As ncr-Initiated Annexation Service Agreement 6 of 7
After Recording Return to:
City Secretary
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
Owner-Initiatcd Anncxation Service Agreement 7 of 7
EXHIBIT A
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ANNEXATION OF
64.57 ACRES SITUATrV IN
A- ROBINSON SURYEY, ASSTRACT NO- 1119
,a, HiI PAMFt 01E SUKvEY, ABSTRACT NO.59G
-CiTY OF FORT WORTH ETJ,
DENTON WONTY. TEXAS
KimleyoHorn
-IM Mw-:W Siw T4.: pPil77S4 h""
r.lr-'mn.r..n—.6�a n9YMW115M r.nctGrY�2*MO
20&a 1 low L5 Ch.- M� ffi7L>•B
Owner -Initiated Annexation Service Agreement I of 3
EXHIBIT A
Continued
"ANNEXATION DESCRIPTION}}
BEING a fiat of hand sfta�ed in lt* Archibald Robinson Sur4eyr, Absttraci No. 1119. and the Alllen
Hendamon SLneyr, Abstract No. 596, Denton Cowly, Texas and bmng a part of a called 117.364
afire tract of land -dewilwol in the y1 wanty Iced to Nolin "udafe rev d in Vorurne 15W,
Page 83, Dabd Rooard&, Anton Counlyr, Texas; and being 4914 Df a Galled 'I.0I) ac'a bract of land
tmsaibed in the Warramt r Dined to Ru&svi Ragsdale ared wife, iCelle Lyrr*u Ragsdale, recorded in
Inswurnent No. 133.1 G 34, 0hric i@J Records, Edenton County. Texan; pert of a caked 44,04 arm
tract pf land 6uaQF-it;ed in the tir5rarmrrty Dew la I AM ONE, INC., recprr;k�-d in Instrument No.
R0037320. Officlal records, Denton County, Texas; a part of a czm&d 5_11 acre tracl of land
described in the �irrarrrlyr Deed vwitfi Vendoea Lien, tv Cwrnerston a Bible Church, recorded i,
Irt5trurnmeryl Np. 2017-2j55R5, Official Rear , Denton 4',ourttyr, Texas; a pLer t i f a CAM 1.124 acre
Iract of lartid mmlbed in a Mrrarrrt� bead with Vendor's Lien, to Litsoy Property LLC_ recorded
in Rrwittrumeni No. .2411 5010, OffiwE Re fds, Denton Counly, , Terns, part of a csll-�d 5.001
acre tract cf land described in the f7erwrW VVarra* Deed nth Vendpeu Ien, tp Randal Dwayne
Mahan, recorded in 1nmArnrent Nv, 2Q13 63 , OrFficael Recgeds, Denton County, Tibxas, a part
pF a nlb1 d 5.0 acne tnat of twd d crlbed in Deed to Bluestone Natural Resources II, LLC,
ramded In In t.rumrarvt No. 2016AM23, Offloial Records, Denton County, Texas, jond being mare
parliculerhr described in Imatrurryerrt No. 2413r15769. Official Rec6rde. Deriftin Coudltyr, Texas,
and being mcire particularly descriluBd as folkMrs:
BE-UNNING at the nar7trwest corrr'er of scent 117.3134 acre tract of land and bowg In, the: east line
-f a called !�2.202 acre tract of Iand described in the Dec cation Deed to tt>e Gir -f r-art Worth.
Texas, recorded in Instrun*nt No_ 20IM3300, Offpraal Records, DerGton GQuntyr. Tars, and
wing in me osd south righR-of-ray lime of Casey Fed (a vEm-lable width prascrrpcve right-of•way)
and the spkjth line of that oafred 337. -eao track of land gibed in tha City+ of Fort Worth
Ordinance No 14:��7, which annexed a tonal of 405.525 acres into the City of Fort Worth
(AnnexatiDn Case No. A-0-12 dated November 14, 2M):
TMENCE wroth sa-d Oid south right-of-way line of Litsey Road and rha north Hne of sold 117_ 4
acre trao off Sand, and the nartlh llriE§ dt said 0.4303 acre tract, and the north sine of said 5,11 aum
track. and said *ouch line of se:d 337 7.85 avc uaot. the foflowing courses and d'ratences:
North 6!�122'0EV" East, a distance of 790 23 feet
North 8737'23" E&At, a ddstanra of 332.07 foot the wtfiw+est corner of a oalre0 0.003
acre tract of land descnbed in the Special VVunmrrtyr Deed to Denton County, Texas,
mw?Tde,� in VolUn* 5 , Page 131, Offi iral Records, f?enton County. Texan, and heir,
In the r r south right-of-way firm of Utwy Road (Ri variable width rigl•rt-of-way? and me
beginning of a nort-tangent curtMim to lha right havlrtg a central angle of 6a4Y4'. a radius
tyf 1.260.00 feet, and a chord beiaring and diwance of youth 9i�°48712' Ease, M8.48 feet:
THEE in g oDu heasterlyr directlorr wlth said -curY9 to the right and said rrew sc r M-vF-
wuyr lira$ of Ibe1r lead an are distance of 148.77 feet;
Tt4EKIE 0001ouing with srkd now South right-d-way line of Lifsep Road, North °43'51' East,
a dlsianoe of 52. N feet;
1 Qf 4
Owner-Initiatcd Anncxation Service Agreement 2 of 3
EXHIBIT A
Continued
THENCE leawing said new south right-of-way lire df t-Itsey Road. owar and across said -5 11 acre
tract; sa9d 1.I 2A 00M track; said 5. M i acre tract. said 117.364 acre tra0i said 40. D4 wre trort
and said 5.0 we brad, the f-ohowin courses and distancn:
S*ukh (PQ$4�N Fast, a di:5tance Df 30227 feet to the beginning of a #angfent curie to the
right hawing a central angle -of 3r:50'5", a radium of 535 Off teed, a ohurd bearing and
distend of South le°46'<r West U7.00 feet;
in a sour&masterl� direction, wfth said curve to the right- an are distance of �153.3� feet to
a paint for comer-
South 3r42'QZ eta a dislawe of 457-11 fleet to a point in Rhe west Tina of -5aid 40.00
acre tack;
;youth 37°4M" Vest. a dLstio a Of 5Q8.$0 feat io the b}aginning of a tangent curve to
the Ieft having a central an& of 74°5126"- a radius of 575.00 feet- a chord bearing and
dietarKe 0 South 0116't9" ~Nest, 6S8.84 feet;
In a s"thnwesteriy di+ect on_ with $aid curve to the left. an arc digwnce of 75t.2:5 feet;
Soukh 37"GEr25h Ewt, a distalre Of 11 .51 reel to the riorl; n e5t correrflf Lot 1. Block 31,
Seventeen Lakes, an additiDn to the City of Fart Worth, Texas, acrArding to the plat thereof
record in I Rstr=errt No. 1 is- too, Offlctal Records. Benton County- Texas. alsn being at
the room twwrnmu,s Nrre of BLu*waW W@y (a 50-foot 6g3-rt-rrf-wad') and t>eiig in a north Irne
of a cafted 201.5K9 a,cire tre� Of land desfibed in dhe City of Fort Werth Ordinance No
14055, which annexed a total of 20ZO01 acres into the City of Fort Worth (Annexation
Gaaiq No. A-gi�-11 darted Janrum y 11. 2000)
THEftiI�,E Sourth 63a5U266 Wl ist, witch the oorrrtnon line of said 201.58H acre tract and said north
terminus kind cf EHAdr beater Way, a diatant8 of 50.49 feet to the north -carrier of Lit :513, e1gck 25.
of said 8eventeen Lakmyt additiw,
THENCE over and across said 5.0 acre track qnd said 40.00 acre tilt, thefflllcWN COL"es gncl
ellwallow.
North 37'W'29' Wed. a distance Of 112.48 feel to a point F+t the bNinnirtg of a tangent
rurva to th& right having a central angle of 44Y0V47", a radius cf 525-DO feet- au Ohord
tiar,ng and distance of North 14'CW32" fit; D.(15 fact;
In a northoestedy dirertion, with said cu" to the Nht, an ar. disr tancz� of 5D�-513 i8ot to
a ppint in said wgrit line of the 40.00 are tract;
THENCE vAth said west liras of the 413.00 acre tract, South San$916' We6t, a dsteMe c4 157.93
#set,
THENCE South 16040'42h West, mar ana acxoes said 40.W acres tract, posaing M a distance of
8D0.87 feet an aNle point the west line Of said 40,00 acre tram rordl nulrrf} alor)gsaid west Rime
in all for a di!! rMn a of 464.66 fast
:Z Df +4
Owner -Initiated Annexation Service Agreement 3 of 3
EXHIBIT A
Continued
THENCE :South �911141Y fit, Diner and across said 117.364 mra track. a dl6tWOR Of 916.08
tit a pairr m the Qommon iirve i f said t17.364 acre tract and Iha aforemerttivned 92.202 acre
trail_ sarnre being sin eaek Hrwe -of a cal lad 1,39DA76 acre back -of land described in 00 City of Fort
VVDrth Ordiel&nce 14o. 10G57. which annexed atotol of 1,392.974 acres intya the City of Fn4t VVDrth
(Anr�exi loon Cme No- GD dated .dune 20_ 19E*)
THENCE wikh the eeid anrnmon line and east line of said 1,380.976 arre tract, the follow ng
QuUmee and distairicas;
North 21 °1 U'21" East. a di5t pnce gf 482.94 feet;
Nor#il 4' WE:5t. a dirft rnct at 1571.34 feet;
Norm W2021" E@!&L a divance of 61.74 feet;
Kurth W3914" East. a distance of 1.15�.Q:t fit;
too th 1 'wm' r=�t. a distance of 758.27 fid to the POINT Op BEGIN NiNG and
caritaining {4 51 acres of land rnvre or leau.
This dooumeal was piepared under 22 TAC W3.21. dav5 npt r-pfleqt tho results of are on ine
ground suv eyr. and is not to be Used to cAnwey or t33tablish intoredu irL real proporty except those
rights and ini,orests implied or e3tabliahed by the creabon or r+ecortfiguration of the boundary of
t11e pale6cel subdivis�nn ftir which rt was prepared.
f
ASV 6 • IMOT
SUFN
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Owner -Initiated Annexation Service Agreement 4 of 3