HomeMy WebLinkAbout(0050) Revised Partially Executed MSA.PDFMUNICIPAL SERVICES AGREEMENT
BETWEEN THE CITY OF FORT WORTH, TEXAS AND
BENCHMARK ACQUISITIONS, 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 Benchmark Acquisition, 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, 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 Tarrant County,
Texas, which consists of approximately 242.279 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-20-005 ("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,
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.
Owner -Initiated Annexation Service Agreement I of 7
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. EmergencyEmeEgency 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
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
Owner -Initiated Annexation Service Agreement 2 of 7
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
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
Owner -Initiated Annexation Service Agreement 3 of 7
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
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
Benchmark Acquisitions, LLC
By:
auis TYapofino
Manager
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.
go
Notary Public, State of Texas
Owner -Initiated Annexation Service Agreement 5 of 7
STATE OF TEXAS
COUNTY OF TARR-ANT
This instrument was acknowledged before me on the I S' day of M a r� , 20 ;tj,
by Louis Trapolino, Manager on behalf of Benchmark Acquisition, LLC.
Notary Public, State of Texas Stir " z
�, VANESSA SMITH
My Notary ID # 128038648
Expires July 23, 2021
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 A
OLD GRANBURY ROAD
(COUNTY RM 1089)
(MKARLE RDV) - TY OF FORT
700 0 700 WORTH
3/8" I - _ — —
LINE
BEARING
DISTANCE
L1
S69'06'45"W
978.22'
L2
S00'42'28"E
320.87'
L3
S89'15'30i"W
2740.57'
L4
N28'04'42"E
Ia70.95'
L5
8 WW
25.00'
L6
_1461'55'
N2B'04'42"E
1458.01'
L7
N31'03'42"E
644.92
L8:
N89-15-301-E
134&52'
L9
500'44'30"E
3919.23'
SURVEY LINE
FENCEr 5 $ CIRS
LS
P05T "LJA'
AFPRO . CITY
UMIT LINE
IARRANI
COUNTY
�GI
/8'CIRS
NOS , A,9
E
242.279 ACRES
ca.
o
(10,553,672 SO. FEET)
TRACT 3
WALSH RANCHES
TRACT 1
LIMITED PARTNERSHIP
WALSH RANCHES
—VUL. 12924, M. BZ
LIMITED PARTNERSHIP
O.P.R.T.C.T
VOL- 12624, PG. 92
O.P.R.T.C.T
SUE= LINE
jtA TRACT2
WALSH RANCHES
fir? FF LIMITED PARTNERSHIP
S� Gi 'OP. VOL 1 �4, PG. 82
o.P-R,T-c.r
APPM�I�XLINETM
NWbr4RlL 'f.l
C.C9D2200Wt
OP.RT.C. .
BRJDGETEAST0N
VOL 13063, PG.109
O.PRTA.T.
E RRY KIRK LL�Y
VOL 1140,
OPAT.C.T.
DEODATHSONNY DEONATH
AND SKMAOEONATH
VOL 10535, PG. 313
aPRT.C7.
DEONATH LIIANG TRUST
C.C.* DW1745W
OPRT.C.T,
5TACILEA DANFORD
C.C.* 0216241407
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9U4SETSAOOITION
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G
TARRANT POINT OF
COUNTY BEGINNING
7 1"PIPE FOUND
3/e"IRF CITY OF
FORT WORTH
MAL BEAM !RF MAO NAIL I.R-F.
S88'26'34'E 1.43TARRANT COUNTY �y SET C.I.R.F.
TXU ROCKY CREEK KHRIS DAVIS C'GRADY b 5 91r C.I.R.S.
SUEISTATIONADDiTION WESL EYA-12AVIS yq�a, CCU
C.C.# D201212673 C.C.4 D21225407.7 0 'A O.P.R.T.C.T.
O-P:it.T.G.T, O.P,R-T.C,�k,AiL4' (CM)
CURVE CENTRAL ANGLE I RADIUS CHORD BEARING CHORD LENGTH
Cl 2'59 00' 17039.On' I N29'34 12"E 887.10'
LEGEND
IRON ROD FOUND
CAPPED IRON ROD SET
CAPPED IRON ROD FOUND
COUNTY CLERK FILE No.
OFFICIAL PROPERTY RECORDS,
TARRANT COUNTY, TEXAS
CONTROLLING MONUMENT
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09/11/2020
EXHIBIT "A"
ANNEXATION EXHIBIT
IN THE
DENJAMINTHOMASSJJRVMABSTRACT No. 1496;JUANJOSE
AL9IRAOQ SUWF.Y, ABSTRACT Nu. 4; AND THE LII7IGA 60FF
.TLubi
Laa 6urrayinp,Inc
3017West 7lhSlreel Phone 602747,
Suite300
Forl Worth, Texas 76107 T B P•l S, Firm No. 10194540
ORWNBY:
I.S.G.
CHKDBY:
A:C,B,
PRO] NO,
0073
Owner -Initiated Annexation Service Agreement
EXHIBIT A
Continued
BEING A 242.279-ACRE TRACT OF LAND SITUATED IN THE BENJAMIN THOMAS SURVEY, ABSTRACT No.
1496, THE JUAN JOSE ALBIRADO SURVEY, ABSTRACT No. 4, AND THE LUTICIA GOFF SURVEY, ABSTRACT
No. 633, TARRANT COUNTY, TEXAS, AND BEING A PORTION OF THAT TRACT OF LAND DESCRIBED TO
WALSH RANCHES LIMITED PARTNERSHIP BY DEED RECORDED IN VOLUME 12624, PAGE 92 OF THE
OFFICIAL PROPERTY RECORDS OF TARRANT COUNTY, TEXAS AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A 1-INCH PIPE FOUND IN THE CENTERLINE OF OLD GRANBURY ROAD (AN 80-FOOT WIDE
RIGHT-OF-WAY) FOR THE SOUTHEAST CORNER OF SAID WALSH RANCH TRACT;
THENCE SOUTH 89'06'45" WEST, WITH THE SOUTH LINE OF SAID WALSH RANCHES TRACT AND THE
CENTERLINE OF SAID OLD GRANBURY ROAD, A DISTANCE OF 978.22 FEET TO A 3/8-INCH IRON ROD
FOUND AT THE REENTRANT CORNER OF SAID LUTICIA GOFF SURVEY;
THENCE SOUTH 00°42'28" EAST, CONTINUING WITH SAID SOUTH LINE AND SAID CENTERLINE, A
DISTANCE OF 320.87 TO A MAG NAIL SET FOR THE SOUTHERNMOST SOUTHEAST CORNER OF SAID
WALSH RANCHES TRACT,
THENCE SOUTH 89*15-30" WEST, DEPARTING SAID CENTERLINE AND CONTINUING WITH SAID SOUTH
LINE, A DISTANCE OF 2,740.57 FEET TO THE SOUTH COMMON CORNER OF SAID WALSH RANCHES TRACT
AND A TRACT OF LAND DESCRIBED TO ONCOR ELECTRIC DELIVERY COMPANY BY DEED RECORDED IN
COUNTY CLERK FILE No. D202329261 OF SAID OFFICIAL PUBLIC RECORDS, FROM WHICH A 60d NAIL
FOUND IN A FENCELINE BEARS SOUTH 88°26'54" EAST, 1.43 FEET;
THENCE WITH THE EAST LINE OF SAID ONCOR ELECTRIC TRACT, THE FOLLOWING COURSES AND
DISTANCES:
NORTH 28°04'42" EAST, A DISTANCE OF 1,870.95 FEET TO A TO A 5/8-INCH CAPPED IRON ROD
STAMPED "LJA SURVEYING" SET (HEREINAFTER REFERRED TO AS "SET IRON ROD") FOR CORNER;
NORTH 61°55'18" WEST, A DISTANCE OF 25.00 FEET TO A TO A SET IRON ROD FOR CORNER;
NORTH 28°04'42" EAST, A DISTANCE OF 1458.01 FEET TO A TO A SET IRON ROD FOR THE
BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 17,039.00 FEET AND A CHORD
THAT BEARS NORTH 29°34'12" EAST, 887.10 FEET;
WITH SAID CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 2°59'00", AN ARC LENGTH
OF 887.20 FEET TO A SET IRON ROD FOR CORNER;
NORTH 31°03'42" WEST, A DISTANCE OF 644.92 FEET TO A TO A SET IRON ROD AT THE SOUTH
LINE OF SAID OLD GRANBURY ROAD FOR CORNER;
THENCE NORTH 89°15'30" EAST, WITH THE NORTH LINE OF SAID WALSH RANCHES TRACT AND ALONG
SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 1,348.52 FEET TO A MAG-NAIL SET IN THE
CENTERLINE OF SAID OLD GRANBURY ROAD FOR THE NORTHEAST CORNER OF SAME TRACT;
THENCE SOUTH 00°44'30" EAST, WITH SAID CENTERLINE, A DISTANCE OF 3,919.23 FEET TO THE POINT
Owner -Initiated Annexation Service Agreement 2 of 3
OF BEGINNING AND CONTAINING A CALCULATED AREA OF 242.279 ACRES (10,553,672 SQ. FEET) OF
LAND.
Owner -Initiated Annexation Service Agreement 3 of 3