HomeMy WebLinkAbout(0204) MSA Stonemont Harmon AX-20-007.pdfMUNICIPAL SERVICES AGREEMENT
BETWEEN THE CITY OF FORT WORTH, TEXAS AND
L.C.T. PROPERTIES, A TEXAS GENERAL PARTNERSHIP, L.C. TUBB, JR. AND
JUDY BROWN
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 L.C.T. Properties, a Texas General
Partnership, L.C. Tubb, Jr. and Judy Brown ("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, which shall not become
effective until the closing and funding of the purchase and sale transaction by and between SFG
Acquisitions, LLC, as purchaser and LCT properties, LLC, L.C. Tubb, Jr. and Judy Brown as
Sellers. (the "Effective Date");
WHEREAS, Owner owns certain parcels of land situated in Tarrant County,
Texas, which consists of approximately 29.2358 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-20-007 ("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 -Initiated Annexation Service Agreement I 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 li htg ing — The City's Transportation and
Public Works Department will maintain the public streets and streetlights over
Owner -Initiated Annexation Service Agreement 2 of 7
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
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
Owner -Initiated Annexation Service Agreement 3 of 7
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 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
1.2
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 §
PROPERTY OWNER
L.C.T. PROPERTIES, A TEXAS
GENERAL PARTNERSHIP
By:
Name: ✓G36
Title:
AND
By:
L.C. TUBB, JR.
AND
By: ut-rL�
OIDYBfO*N
This instrument was acknowledged before me on the day of , 20_,
by Dana Burghdoff, Assistant City Manager of the City of Fort Worth, a Texas municipal
corporation, on behalf of said corporation.
55
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 the ��=`� day of OcTo a e 2 , 2020,
by L. C. Tubb, Jr. of L.C.T. Properties, a Texas General Partnership, on behalf of said general
partnership, in its capacity as managing partner of L.C.T. Properties, a Texas General
Partnership.
By Q -
Notary Public, State of Texas o,�PPv PGA LINDA R. MORTIMER
* * Notary Public
STATE OF TEXAS
'OF My Comm. EV. 06V31/2023
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on the ate' ` day of D GTo Be , 20,=�D,
by L.C. Tubb, Jr.
Byci%cam Q
Notary Public, State of Texas
o�*Av p� LINDA R. MORTIMER
* y Notary Public
+t STATE OF TEXAS
OF My Comm. UP. 08/31/M3
STATE OF TEXAS §
§
COUNTY OF TARRANT §
This instrument was acknowledged before me on the day of aGTU r-,=p_ , 20:?DL,
by Judy Brown.
B Q ��
Notary Public, State of Texas
o�►�'"'°�a� LINDA R. MORTIMER
* ,r Notary Public
STATE OF TEXAS
OF MY Comm. EV. 08/31/2023
Owner -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 -Initiated Annexation Service Agreement 7 of 7
EXHIBIT
1 W 300
THE KAIHLEEN T.D.GEORGE
P ASKEVOPOULOS PHIRIPES
�
CRAN,rCALI�NFI I
NOfRTH
LIVING TRUST (VOL, 5581,
(INST. NO. PG. 626)
I
D209019856)
J014N WAYNE THUN
S89'59'42"E 593.50'
(VOL. 7208, PG, 1337)
< 9
0 rs
1UJ-
DONALD N. JONES
co
(VOL. 10145, PG. 1934)
Z
0
rn PART OF L.C. TUBB, JR.
rO
b)
DONALD N. JONES
Of
<
(VOL. 9966, PG. 1891)
(VOL. 7136, PG. 5s6)
29.2358 ACRES
0
S89*26'16"E 1295.00'
1,273,511 SQ. FT.
z
0
co
PART OF L.C.T. PROPERTIES
W
(VOL. 11656, PG. 2064)
U-
0
S8945'04'W 593.54'
fo
0
11.0 NO'09'16'W71
0 K
S89'51'43'W 1297,93'
117,49'
PART OF I-C.T. PROPERTIES P.O.B.-
QO
(VOL. 11656, PG. 2064)
Cr
PART OF L.C. TUBB * JR,
(VOL. 9966, PG. 1891) 0 z
W
00,
X
C3 C>
W "
Morn ��'
z
III
0
Z 0 �
AMERICO ALLIANCE LP
-.1
0
0
ALLIANCE COMMUNITY (INST. NO. D219133697)
0
O0
9z
FELLOWSHIP
0
(INST. NO. D207081140)
EMERGENCY FIRE PROTECTION W z
SYSTEMS, INC.
(VOL. 14417, PG. 416)
NOTES
This document was prepared under 22 TAC §663.21, does not reflect the results of an on the ground Survey, and is
not to be used to convey or establish interests in real property except those rights and interests implied or established
by the creati7or reconfiguration of the boundary of the political subdivision for which it was prepared.
ANNEXATION EXHIBIT
!?F JOSIAH WALKER SURVEY,
fv1ICHAEL C, BILLINGSLEY ABSTRACT NO. 1603
REGISTERED PROFESSIONAL ........................ ... TARRANT COUNTY, TEXAS
LAND SURVEYOR NO 6558 MICHAELCLEOBILUNGSLEY
801 CHERRY STREET 6
UNIT 11 SUITE 1300
<, .. ,Po �r'��)))Horn
FORT WORTH, TEXAS 76102
111'*,�� 01 TO
PH. 817-335-6511 twvgiol"Oto — t-1— —
Iiniciael.billingsle@kimleyion.com ''I"�W
•tw CM CR Iara0 I
0513ilseo 20F2
It.- I ING St (--Y. W,934AU MM010 3 � I'M K 11 1W SURViAVAI 31 V-X1 S f0q[ MON I IM WMOWGV�I 311' 100 STOW WNI ItARVONA-, IYIW,
Owner -Initiated Annexation Service Agreement I of 3
EXHIBIT A
Continued
METES & BOUNDS DESCRIPTION
ANNEXATION EXHIBIT
BEING a 29.2358 acre (1,273,511 square foot) tract of land situated in the Josiah Walker Survey, Tarrant
County, Texas; said tract being part of that tract of land described in Warranty Deed to L.C. Tubb Jr.
recorded in Volume 9966, Page 1891 of the Deed Records of Tarrant County, Texas; said tract also being
part of that tract of land described in Special Warranty Deed to L.C.T. Properties recorded in Volume
11656, Page 2064 of said Deed Records; said tract being more particularly described as follows:
BEGINNING at a point for the southeast corner of said L.C.T. Properties tract; said point being in the west
right-of-way line of Harmon Road (a variable width right-of-way);
THENCE South 89n51'43" West, departing the said west line of Harmon Road, a distance of 1297.93 feet
to a point for corner in the east line of said L.C. Tubb Jr. tract;
THENCE North 0'09'16" West, along the said east line of the L.C. Tubb Jr. tract, a distance of 117.49 feet
to a point for corner;
THENCE South 89e45'04" West, departing the said east line of the L.C. Tubb Jr. tract, a distance of
593.54 feet to a point for corner in the west line of said L.C. Tubb Jr. tract;
THENCE North 0c09'07" West, along the said west line of the L.C. Tubb Jr. tract, a distance of 932.53 feet
to a point for corner; said point being the northwest corner of said L.C. Tubb Jr. tract;
THENCE South 89n59'42" East, along the north line of said L.C. Tubb Jr, tract, a distance of 593.50 feet to
a point for corner; said point being the northeast corner of said L.C. Tubb Jr. tract;
THENCE South 0n09'16" East, along the said east line of the L.C. Tubb Jr. tract, a distance of 483.46 feet
to a point for corner; said point being the northwest corner of said L.C.T. Properties tract;
THENCE South 89e26'16" East, along the north line of said L.C.T. Properties tract, a distance of 1295.00
feet to a point for corner in the said west line of Harmon Road;
THENCE South 0'28'16" East, along the said west line of Harmon Road, a distance of 548.11 feet to the
POINT OF BEGINNING and containing 29.2358 acres or 1,273,511 square feet of land, more or less.
NOTES
This document was prepared under 22 TAC §663.21, does not reflect the results of an on the ground survey, and is
not to be used to convey or establish interests in real property except those rights and interests implied or established
by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared.
i' ANNEXATION EXHIBIT
�E of T JOSIAH WALKER SURVEY,
ICHAEL C. BILLINGSLEY �' ' �O s ABSTRACT NO. 1603
*
REGISTERED PROFESSIONAL *: :TARRANT COUNTY TEXAS
LAND SURVEYOR NO.6558 MICHAEL CLEO BILLINGSLEY
UN CHERRY STREET, ;"""""" ' Kimley)OHonaft,
UNIT 11 SUITE 1300 • ,0 6558FORT WORTH, TEXAS 76102 1 •.. F ..A601 CherrySfreot, Unit 11, # 130Tel. No. (017) 335-6511
PH. 817-335-6511 3'�'R� E Fort wort, Texas 76102 FIRIA 11 194040 %v w.ktmioy-hom.wrn
michael.billingsley@kimley-horn.com scale oawnbv Checkedbv Unto ProocRNo. ShencNo
1
rrre rno warn mmnnm