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HomeMy WebLinkAboutContract 57381 CSC No. 57381 MUNICIPAL SERVICES AGREEMENT BETWEEN THE CITY OF FORT WORTH, TEXAS AND QUAIL VALLEY DEVCO VLO,LLC This Municipal Services Agreement ("Agreement") is entered into on 29th day of March D 2022 by and between the City of Fort Worth, Texas, a home-rule municipality of the State of Texas,("City")and Quail Valley Devco VLO, 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 Parker County, Texas, which consists of approximately 124.6 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-21-015 ("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. OFFICIAL RECORD CITY SECRETARY Owner-Initiated Annexation Service Agreement FT.WORTH, TX 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 comparable with the provision of services available in other parts of the municipality with topography, land use and population density similar to the level of service contemplated or projected in the area. 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 Development Services 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 E 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 Properly,the appropriate City department I 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 z Owner-Initiated Annexation Service Agreement 2 of 16 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 sanitaiy sewer mains, the water and sanitaiy 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. i 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, infiastructure, and f 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. Owner-Initiated Annexation Service Agreement 3 of 16 S. 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. Except as provided in Section 15, 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. I i i i I" Owner-Initiated Annexation Service Agreement 4 of 16 CITY OF FORT WORTH QUAIL VALLEY DEVCO VLO, LLC a Texas limited liability company By: RPG QVR, LLC a Texas limited liability company r By.A4do,Ao4o��>>��o.> By: ;.-- Name: Name: Seth Carpenter Title: Assistant Cily Manager Title: Vice President Approved as to Form and Legality: qvw-c�. Name: Melinda Ramos Senior Assistant City Attorney Attest: AAOa�OFoo OoR0t-�A ote° �oa�o 4z d 00 O City Secretary �,� a00 a o0 0° c1 E 0000000.000 0 000 O Approvals: aatL�'EXArrooga I M&C: 22-0193 Ordinance No.25427-03-2022 I !3 E k E (1 [l t' { l I OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX Owner-Initiated Annexation Service Agreement 5 of 16 State of Texas § County of Tarrant § This instrument was acknowledged before me on the 11th day of Apri[ 5 20225 by Dana Burghdoff , Assistant City Manager of the City of Fort Worth, a Texas municipal corporation, on behalf of said corporation. MAd Senc (Apr11,20 :08CDT)By: Notary Public, State of Texas MARIA S SANCHEZ Notary ID#2256490 My Commission Dece r 19, i State of Texas § � County of I� ��—§ This instrument was acknowledged before me on the tday of �i/1V , 20 �; by Seth Carpenter, Vice President on behalf of RPG QVR, LLC, a Texas limited liabili y company of Quail Valley Devco VLO, LLC, A Texas limited liability company. By: P( Notary Public State of Texas �+ Ma=1D * My After Recording Return to: City Secretary City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX Owner-Initiated Annexation Service Agreement 6 of 16 EXHIBIT A § a 0 � & � \�\ G . E ( � > 0 E k q 'Co R 2 �j ! 0 �k § SO � z IM §3:Co | } \)§§2\ HIU « § U U � ,�� , ® \\ . b k§ CL � Q §} �. a \ < < � � , � ` / )j 2 \� 2 � kg \ $ z ) 0 !X§ /\ f : \ 22 / } \ � 1121 } )§j (j o G}!&» ( § E � ( Owner-Initiated An sm Service Agreement 7«m Exhibit A Continued LAND DESCRIPTION: BEING a 124.6 acre tract of land situated in the Houston Tap&Brazoria Railroad Company Survey, Abstract No.647,the G.E.&AH Tandy Survey,Abstract No.2356,and the I&G.N.Railroad Company Survey,Abstract No.1996,Parker County,Texas,and being a part of a tract of land described in Special Warranty Deed to Walsh Ranches Limited Partnership as recorded under Volume 1699,Page 1765,Deed Records of Parker County,Texas(D.R.P.C.T.)and also recorded under Volume 12624,Page 92,Deed Records of Tarrant County,Texas(D.R.T.C.T.),and being more particularly described as follows; COMMENCING at a 5/8-inch iron rod with plastic cap marked"DUNAWAY"found at the southwest corner of said Walsh Ranches Limited Partnership tract,said point also being in the north right-of-way line of Interstate Highway 20 Frontage Road(variable width right-of-way)as recorded under Volume 584,Page 742(D.R.P.C.T.); THENCE South 70 degrees 19 minutes 37 seconds East,along the south line of said Walsh Ranch Limited Partnership tract and the north line of said Interstate Highway 20 Frontage Road a distance of 155.60 feet to the POINT OF BEGINNING; THENCE over and across said Walsh Ranches Limited Partnership tract the following courses: i North 19 degrees 07 minutes 27 seconds East,a distance of 198.50 feet to a point for corner, said point being the beginning of a curve to the right having a central angle of 21 degrees 14 minutes 03 seconds,a radius of 621.50 feet,and being subtended by a 229.01 foot chord which 4 ( bears North 29 degrees 44 minutes 29 seconds East; Continuing along said curve to the right an arc length of 230.33 feet to a point for corner; 1 North 40 degrees 21 minutes 30 seconds East,a distance of 937.55 feet a point for corner,said point being the beginning of a curve to the left having a central angle of 36 degrees 36 minutes 28 seconds,a radius of 950.00 feet,and being a subtended by a 596.71 foot chord which bears North 22 degrees 03 minutes 16 seconds East; i Continuing along said curve to the left an arc length of 606.98 feet to a point for corner; North 03 degrees 45 minutes 02 seconds East,a distance of 564.10 feet to a point for corner, said point being the beginning of a curve to the left having a central angle of 18 degrees 14 minutes 32 seconds,a radius of 2,000.00 feet,and being subtended by a 634.09 foot chord j which bears North 05 degrees 22 minutes 14 seconds West; [ Continuing along said curve to the left an arc length of 636.77 feet to a point for corner; North 14 degrees 29 minutes 30 seconds West,a distance of 55.90 feet to a point for corner, €' said point being the beginning of a curve to the right having a central angle of 34 degrees 12 minutes 30 seconds,a radius of 955.00 feet,and being subtended by a 561.75 foot chord which bears North 02 degrees 36 minutes 45 seconds East; Continuing along said curve to the right an arc length of 570.18 feet to a point for corner; North 19 degrees 43 minutes 00 seconds East,a distance of 166.61 feet to a point for corner, said point being the beginning of a curve to the left having a central angle of 19 degrees 06 Owner-Initiated Annexation Service Agreement 8 of 16 Exhibit A Continued minutes 58 seconds,a radius of 1,000.00 feet,and being subtended by a 332.09 foot chord which bears North 10 degrees 09 minutes 31 seconds East; Continuing along said curve to the left an arc length of 333.64 feet to a point for corner; South 89 degrees 24 minutes 05 seconds East,a distance of 55.20 feet to a point for corner in the west line of Tract C of said Walsh Ranches Limited Partnership tract; THENCE North 00 degrees 30 minutes 14 seconds West,a distance of 46.05 feet along said west line of said Tract C to a 5/8-inch iron rod with plastic cap marked"DUNAWAY"found on the south line of a tract of land described in deed to George Beggs III as recorded in Volume 204,Page 497,D.R.P.C.T.; THENCE North 89 degrees 18 minutes 10 seconds East,along the south line of said Beggs tract,a distance of 49.67 feet to a 5/8-inch iron rod with plastic cap marked"DUNAWAY'found fora west corner of said Walsh Ranches Limited Partnership tract,said point also being the southeast corner of said Beggs tract; THENCE North 00 degrees 33 minutes 20 seconds West,along the east line of said Beggs tract,a distance 2,015.32 feet to a 5/8-inch iron rod with plastic cap marked"DUNAWAY"found at the most northerly northwest corner of said Walsh Ranches Limited Partnership tract,said point also being the northeast corner of said Beggs tract; THENCE South 82 degrees 28 minutes 09 seconds East,a distance of 120.54 feet to a railroad spike found on the north line of said Walsh Ranches Limited Partnership tract; THENCE North 88 degrees 23 minutes 09 seconds East,along the north line of said Walsh Ranches Limited Partnership tract,a distance of 1,278.68 feet to a 5/8-inch iron rod with yellow plastic cap marked"Huitt-Zollars"found for corner,said point being the most northerly northwest corner of the Walsh Ranch—Quail Valley 55.07 acre addition,an addition to the City of Fort Worth,Parker County, Texas,as recorded in Cabinet E,Slide 513,P.R.P.C.T.,and under Document No.202012704,Official Public Records of Parker County,Texas(O.P.R.P.C.T.); THENCE along the westerly lines of said Quail Valley addition the following courses: South 01 degrees 11 minutes 54 seconds East,a distance of 44.83 feet to a 5/8-inch iron rod with yellow plastic cap marked"Huitt-Zollars"found for corner; South 04 degrees 48 minutes 00 seconds East,a distance of 123.63 feet to a 5/8-inch iron rod with yellow plastic cap marked"Huitt-Zollars"found for corner,said point being the beginning of a non-tangent curve to the left having a central angle of 00 degrees 40 minutes 25 seconds,a radius of 1,846.18 feet,and being subtended by a 21.70 foot chord which bears South 85 degrees 41 minutes 11 seconds West; Continuing along said curve to the left an arc length of 21.70 feet to a 5/8-inch iron rod with yellow plastic cap marked"Huitt-Zollars"found for corner, South 04 degrees 39 minutes 17 seconds East,a distance of 128.37 feet to a 5/8-inch iron rod with yellow plastic cap marked"Huitt-Zollars"found for corner; i I Owner-Initiated Annexation Service Agreement 9 of 16 i Exhibit A Continued South 02 degrees 30 minutes 00 seconds East,a distance of 180.00 feet to a 5/8-inch iron rod with yellow plastic cap marked"Huitt-Zollars"found for corner; South 05 degrees 38 minutes 24 seconds East,a distance of 78.47 feet to a 5/8-inch iron rod with yellow plastic cap marked"Huitt-Zollars"found for corner,said point being the beginning of a non-tangent curve to the left having a central angle of 01 degrees 21 minutes 05 seconds,a radius of 900.00 feet,and being subtended by a 21.23 foot chord which bears South 83 degrees 41 minutes 04 seconds West; Continuing along said curve to the left an arc length of 21.23 feet to a 5/8-inch iron rod with yellow plastic cap marked"Huitt-Zollars"found for corner; South 06 degrees 59 minutes 29 seconds East,a distance of 52.00 to a 5/8-inch iron rod with yellow plastic cap marked"Huitt-Zollars"found for corner,said point also being the beginning of a non-tangent curve to the right having a central angle of 02 degrees 16 minutes 16 seconds,a radius of 848.00 feet,and being subtended by a 33.61 chord which bears North 84 degrees 08 minutes 40 seconds East; Continuing along said curve to the right an arc length of 33.61 feet to a 5/8-inch iron rod with yellow plastic cap marked"Huitt-Zollars"found for corner; South 04 degrees 15 minutes 00 seconds East,a distance of 328.68 feet to a 5/8-inch iron rod with yellow plastic cap marked"Huitt-Zollars"found for corner; South 38 degrees 42 minutes 00 seconds West,a distance of 90.00 feet to a 5/8-inch iron rod with yellow plastic cap marked"Huitt-Zollars"found for corner; South 51 degrees 18 minutes 00 seconds East,a distance of 11.93 feet to a 5/8-inch iron rod with yellow plastic cap marked"Huitt-Zollars"found for corner; South 38 degrees 42 minutes 00 seconds West,a distance of 65.93 feet to a 5/8-inch iron rod with yellow plastic cap marked"Huitt-Zollars"found for corner; South 04 degrees 36 minutes 00 seconds West,a distance of 120.00 feet to a 5/8-inch iron rod i with yellow plastic cap marked"Huitt-Zollars"found for corner,said point being the beginning of a non-tangent curve to the right having a central angle of 00 degrees 56 minutes 10 seconds, a radius of 1,224.00 feet,and being subtended by a 20.00 foot chord which bears North 84 degrees 55 minutes 55 seconds West; Continuing along said curve to the right an arc length of 20.00 feet to a 5/8-inch iron rod with yellow plastic cap marked"Huitt-Zollars"found for corner; I South 05 degrees 32 minutes 10 seconds West,a distance of 52.00 feet to a 5/8-inch iron rod with yellow plastic cap marked"Huitt-Zollars"found for corner,said point being the beginning of a non-tangent curve to the left having a central angle of 01 degrees 37 minutes 32 seconds,a radius of 1,276.00 feet,and being subtended by a 36.20 foot chord which bears South 85 degrees 16 minutes 35 seconds East; Continuing along said curve to the left an arc length of 36.20 feet to a 5/8-inch iron rod with yellow plastic cap marked"Huitt-Zollars"found for corner; E, €I 'r Owner-Initiated Annexation Service Agreement 10 of 16 r Exhibit A Continued South 03 degrees 54 minutes 39 seconds West,a distance of 120.00 feet to a 5/8-inch iron rod with yellow plastic cap marked"Huitt-Zollars"found for corner; South 87 degrees 33 minutes 14 seconds East,a distance of 8.40 feet to a 5/8-inch iron rod with yellow plastic cap marked"Huitt-Zollars"found for corner; South 03 degrees 36 minutes 00 West,a distance of 120.00 feet to a 5/8-inch iron rod with yellow plastic cap marked"Huitt-Zollars"found for corner,said point being the beginning of a non-tangent curve to the right having a central angle of 00 degrees 45 minutes 21 seconds,a radius of 1,516.00 feet,and being subtended by a 20.00 foot chord which bears North 86 degrees 01 minutes 19 seconds West; Continuing along said curve to the right an arc length of 20.00 feet to a 5/8-inch iron rod with yellow plastic cap marked"Huitt-Zollars"found for corner; South 04 degrees 21 minutes 21 seconds West,a distance of 52.00 feet to a 5/8-inch iron rod with yellow plastic cap marked"Huitt-Zollars"found for corner,said point also being the beginning of a non-tangent curve to the left having a central angle of 11 degrees 02 minutes 09 seconds,a radius of 1,568.00 feet,and being subtended by 301.55 foot chord which bears North 88 degrees 50 minutes 17 seconds East; Continuing along said curve to the left an arc length of 302.01 feet to a 5/8-inch iron rod with yellow plastic cap marked"Huitt-Zollars"found for corner; South 52 degrees 49 minutes 02 seconds East,a distance of 21.53 feet to a 5/8-inch iron rod with yellow plastic cap marked"Huitt-Zollars"found for corner,said point also being the beginning of a non-tangent curve to the right having a central angle of 02 degrees 05 minutes 06 seconds,a radius of 4,477.00 feet,and being subtended by a 162.91 foot chord which bears South 07 degrees 32 minutes 31 seconds East; Continuing along said curve to the right an arc length of 162.92 feet to a 5/8-inch iron rod with yellow plastic cap marked"Huitt-Zollars"found for corner,said point also being the beginning of a compound curve to the right having a central angle of 07 degrees 19 minutes 20 seconds,a 4 I radius of 1,164.00 feet,and being subtended by a 148.65 chord which bears South 02 degrees [ 50 minutes 18 seconds East; Continuing along said curve to the right an arc length of 148.75 to a 5/8-inch iron rod with I � yellow plastic cap marked"Huitt-Zollars"found for corner,said point also being an easterly northwest corner of the Walsh Ranch Quail Valley addition,a 21.09 acre addition to the City of Fort Worth,Parker County,Texas as recorded under Cabinet E,Page 294,D.R.P.C.T.and under document number 201912001,O.P.R.P.C.T. THENCE continuing along the northwest lines of said 21.09 acre Walsh Ranch Quail Valley addition the following courses: South 47 degrees 14 minutes 42 seconds West,a distance of 20.82 feet to a 5/8-inch iron rod with yellow plastic cap marked"Huitt-Zollars"found for corner,said point also being the beginning of a non-tangent curve to the left having a central angle of 23 degrees 01 minutes 58 i f {! Owner-Initiated Annexation Service Agreement 11 of 16 Exhibit A Continued seconds,a radius of 1,184.00 feet,and being subtended by a 472.76 foot chord which bears South 81 degrees 25 minutes 07 seconds West; Continuing along said curve to the left an arc length of 475.96 feet to a 5/8-inch iron rod with yellow plastic cap marked"Huitt-Zollars"found for corner; North 65 degrees 17 minutes 28 seconds West,a distance of 21.15 feet to a 5/8-inch iron rod with yellow plastic cap marked"Huitt-Zollars"found for corner,said point being the beginning of a non-tangent curve to the left having a central angle of 06 degrees 43 minutes 52 seconds,a radius of 170.34 feet,and being subtended by a 20.00 foot chord which bears North 20 degrees 23 minutes 56 seconds West; Continuing along said curve to the left an arc length of 20.00 feet to a 5/8-inch iron rod with yellow plastic cap marked"Huitt-Zollars"found for corner; South 69 degrees 26 minutes 34 seconds West,a distance of 52.00 feet to a 5/8-inch iron rod with yellow plastic cap marked"Huitt-Zollars"found for corner,said point being the beginning of a non-tangent curve to the right having a central angle of 00 degrees 20 minutes 18 seconds, a radius of 3,566.00 feet,and being subtended by a 21.06 foot chord which bears South 20 degrees 23 minutes 17 seconds East; Continuing along said curve to the right an arc length of 21.06 feet to a 5/8-inch iron rod with yellow plastic cap marked"Huitt-Zollars"found for corner; South 23 degrees 57 minutes 03 seconds West,a distance of 21.56 feet to a 5/8-inch iron rod with yellow plastic cap marked"Huitt-Zollars"found for corner; South 68 degrees 00 minutes 00 seconds West,a distance of 22.62 feet to a 5/8-inch iron rod with yellow plastic cap marked"Huitt-Zollars"found for corner; South 22 degrees 00 minutes 00 seconds East,a distance of 60.00 feet to a 5/8-inch iron rod with yellow plastic cap marked"Huitt-Zollars"found for corner; North 68 degrees 00 minutes 00 seconds East,a distance of 20.00 feet to a 5/8-inch iron rod with yellow plastic cap marked"Huitt-Zollars"found for corner; South 65 degrees 26 minutes 46 seconds East,a distance of 20.63 feet to a 5/8-inch iron rod with yellow plastic cap marked"Huitt-Zollars"found for corner; i South 18 degrees 42 minutes 26 seconds East,a distance of 8.04 feet to a 5/8-inch iron rod with yellow plastic cap marked"Huitt-Zollars"found for corner at a westerly northwest corner of the Walsh Ranch Quail Valley addition,a 109.5 acre addition to the City of Fort Worth,Parker County,Texas as recorded under Cabinet E,Page 488,D.R.P.C.T.,said point being the beginning of a non-tangent curve to the right having central angle of 01 degrees 36 minutes 43 seconds,a i radius of 3,566.00 feet,and being subtended by a 100.32 foot chord which bears South 17 degrees 50 minutes 12 seconds East; THENCE along the general west line of said 109.5 acre Walsh Ranch Quail Valley addition the following cou rses: Owner-Initiated Annexation Service Agreement 12 of 16 Exhibit A Continued Continuing along said curve to the right an arc length of 100.33 feet to a 5/8-inch iron rod with yellow plastic cap marked"Huitt-Zollars"found for corner; South 25 degrees 32 minutes 42 seconds West,a distance of 22.13 feet to a 5/8-inch iron rod with yellow plastic cap marked"Huitt-Zollars"found for corner; South 68 degrees 00 minutes 00 seconds West,a distance of 192.65 feet to a 5/8-inch iron rod with yellow plastic cap marked"Huitt-Zollars"found for corner; South 27 degrees 18 minutes 38 seconds West,a distance of 72.12 feet to a 5/8-inch iron rod with yellow plastic cap marked"Huitt-Zollars"found for corner,said point being the beginning of a non-tangent curve to the right having a central angle of 46 degrees 06 minutes 30 seconds, a radius of 38.00 feet,and being subtended by a 29.76 foot chord which bears South 08 degrees 47 minutes 46 seconds East; Continuing along said curve to the right an arc length of 30.58 feet to a 5/8-inch iron rod with yellow plastic cap marked"Huitt-Zollars"found for corner,and the beginning of a reverse curve to the left having a central angle 14 degrees 49 minutes 05 seconds,a radius of 186.00 feet,and being subtended by a 47.97 foot chord which bears South 06 degrees 50 minutes 56 second West; Along said curve to the left an arc length of 48.10 feet to a 5/8-inch iron rod with yellow plastic cap marked"Huitt-Zollars"found for corner,and being the beginning of a reverse curve to the right having a central angle of 46 degrees 06 minutes 30 seconds,a radius of 38.00 feet,and being subtended by a 29.76 foot chord which bears South 22 degrees 29 minutes 39 seconds West; Continuing along said curve to the right an arc length of 30.58 feet to a 5/8-inch iron rod with yellow plastic cap marked"Huitt-Zollars"found for corner; South 11 degrees 40 minutes 02 seconds East,a distance of 61.53 feet to a 5/8-inch iron rod I with yellow plastic cap marked"Huitt-Zollars"found for corner,said point being the beginning Eof a non-tangent curve to the right having a central angle of 11 degrees 12 minutes 28 seconds, a radius of 537.00 feet,and being subtended by a 104.88 foot chord which bears South 48 degrees 42 minutes 04 seconds East; i Continuing along said curve to the right an arc length of 105.04 feet to a 5/8-inch iron rod with yellow plastic cap marked"Huitt-Zollars"found for corner; South 43 degrees 05 minutes 50 seconds East,a distance of 65.17 feet to a 5/8-inch iron rod with yellow plastic cap marked"Huitt-Zollars"found for corner; South 00 degrees 00 minutes 46 seconds West,a distance of 21.90 feet to a 5/8-inch iron rod with yellow plastic cap marked"Huitt-Zollars"found for corner,said point being the beginning of a non-tangent curve to the right having a central angle of 11 degrees 18 minutes 52 seconds, a radius of 456.00 feet,and being subtended by an 89.90 foot chord which bears South 49 degrees 43 minutes 21 seconds West; Owner-Initiated Annexation Service Agreement 13 of 16 Exhibit A Continued Continuing along said curve to the right an arc length of 90.05 feet to a 5/8-inch iron rod with yellow plastic cap marked"Huitt-Zollars"found for corner; North 78 degrees 50 minutes 58 seconds West,a distance of 21.28 feet to a 5/8-inch iron rod with yellow plastic cap marked"Huitt-Zollars"found for corner,said point being the beginning of a non-tangent curve to the left having a central angle of 03 degrees 04 minutes 51 seconds,a radius of 424.00 feet,and being subtended by a 22.80 foot chord which bears North 36 degrees 34 minutes 29 seconds West; Continuing along said curve to the left an arc length of 22.80 feet to a 5/8-inch iron rod with yellow plastic cap marked"Huitt-Zollars"found for corner, South 51 degrees 53 minutes 06 seconds West,a distance of 52.00 feet to a 5/8-inch iron rod with yellow plastic cap marked"Huitt-Zollars"found for corner,said point being the beginning of a non-tangent curve to the right having a central angle of 27 degrees 04 minutes 26 seconds, a radius of 372.00 feet,and being subtended by a 174.15 foot chord which bears South 24 degrees 34 minutes 41 seconds East; Continuing along said curve to the right an arc length of 175.78 feet to a 5/8-inch iron rod with yellow plastic cap marked"Huitt-Zollars"found for corner,said point being the beginning of a reverse curve to the left having a central angle of 36 degrees 06 minutes 44 seconds,a radius of 385.00 feet,and being subtended by a 238.66 foot chord which bears South 29 degrees 05 minutes 51 seconds East; Continuing along said curve to the left an arc length of 242.66 feet to a 5/8-inch iron rod with yellow plastic cap marked"Huitt-Zollars"found for corner,and being the beginning of a reverse curve to the right having a central angle of 17 degrees 27 minutes 36 seconds,a radius of 373.00 feet,and being subtended by a 113.23 foot chord which bears South 38 degrees 25 minutes 25 seconds East; Continuing along said curve to the right an arc length of 113.67 feet to a 5/8-inch iron rod with yellow plastic cap marked"Huitt-Zollars"found for corner; South 58 degrees 59 minutes 55 seconds West,a distance of 177.00 feet to a 5/8-inch iron rod I with yellow plastic cap marked"Huitt-Zollars"found for corner; i j South 31 degrees 00 minutes 05 seconds East,a distance of 50.00 feet to a 5/8-inch iron rod with yellow plastic cap marked"Huitt-Zollars"found for corner; South 00 degrees 00 minutes 00 seconds East,a distance of 95.00 feet to a 5/8-inch iron rod with yellow plastic cap marked"Huitt-Zollars"found for corner; South 30 degrees 00 minutes 00 seconds East,a distance of 88.46 feet to a 5/8-inch iron rod with yellow plastic cap marked"Huitt-Zollars"found for corner; South 00 degrees 00 minutes 00 seconds East,a distance of 80.00 feet to a 5/8-inch iron rod with yellow plastic cap marked"Huitt-Zollars"found for corner; South 40 degrees 00 minutes 00 seconds East,a distance of 100.00 feet to a 5/8-inch iron rod j with yellow plastic cap marked"Huitt-Zollars"found for corner; i k Owner-Initiated Annexation Service Agreement 14 of 16 i Exhibit A Continued South 00 degrees 00 minutes 00 seconds East,a distance of 55.00 feet to a 5/8-inch iron rod with yellow plastic cap marked"Huitt-Zollars"found for corner; South 44 degrees 00 minutes 00 seconds West,a distance of 80.00 feet to a 5/8-inch iron rod with yellow plastic cap marked"Huitt-Zollars"found for corner; South 00 degrees 00 minutes 00 seconds East,a distance of 191.89 feet to a 5/8-inch iron rod with yellow plastic cap marked"Huitt-Zollars"found for corner; THENCE departing the general west line of said 109.5 acre Walsh Ranch Quail Valley addition,over and across the said Walsh Ranches Limited Partnership tract the following courses: North 90 degrees 00 minutes 00 seconds West,a distance of 615.00 feet to a point for corner; South 30 degrees 00 minutes 00 seconds West,a distance of 200.00 feet to a point for corner; North 90 degrees 00 minutes 00 seconds West,a distance of 540.09 feet to a point for corner, South 03 degrees 45 minutes 02 seconds West,a distance of 330.01 feet to a point for corner, said point being the beginning of a curve to the right having a central angle of 36 degrees 36 minutes 28 seconds,a radius of 1,005.00 feet,and being subtended by a 631.25 foot chord which bears South 22 degrees 03 minutes 16 seconds West; Continuing along said curve to the right an arc length of 642.12 feet to a point for corner; South 40 degrees 21 minutes 30 seconds West,a distance of 937.55 feet to a point for corner, said point being the beginning of a curve to the left having a central angle of 21 degrees 14 minutes 03 seconds West,a radius of 566.50 feet,and being subtended by a 208.75 foot chord which bears South 29 degrees 44 minutes 29 seconds West; Continuing along said curve to the left an arc length of 209.95 feet to a point for corner; South 19 degrees 07 minutes 27 seconds West,a distance of 180.05 feet to a point for corner; South 24 degrees 52 minutes 59 seconds East,a distance of 28.77 feet to a point for corner,said point being the beginning of a non-tangent curve to the left having a central angle of 00 degrees 44 minutes 21 seconds,a radius of 5,815.38 feet,and being subtended by a 75.02 foot chord which bears North 69 degrees 09 minutes 42 seconds West; i I Continuing along said curve to the left an arc length of 75.02 feet to the POINT OF BEGINNING j containing 5,427,649 square feet or 124.6 acres of land. i j I fi E t E Owner-Initiated Annexation Service Agreement 15 of 16 I t Exhibit A Continued Basis of bearings used for this exhibit are based upon U.S.State Plane Coordinate System,North American Datum 1983(2011),Texas North Central Zone(4202). 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 Mitc ell S.Pillar,Registered Professional Land Surveyor Texas Registration No.5491 VI'hITCHED.SAGUN PILLAR i Huitt-Zollars,Inc.,Firm Registration No.10025600 Aga 6491 5430 LB1 Freeway,Suite 1500 9 °�ess�o".:k Dallas,Texas 75240 5 ' Tele.214-871-3311 Certification Date: November 19,2021 I� Owner-Initiated Annexation Service Agreement 16 of 16 City of Fort Worth, Texas Mayor and Council Communication DATE: 03/29/22 M&C FILE NUMBER: M&C 22-0193 LOG NAME: 06AX-21-015 WALSH RANCH 3W—OWNER INITITATED SUBJECT (Future CD 3)Conduct Public Hearing, Authorize Execution of Municipal Services Agreement and Consider Adopting Ordinance for the Proposed Owner-Initiated Annexation of Approximately 124.60 Acres of Land and 0.3981 Acres of Right-of-Way in Parker County Known as Walsh Ranch PA3W, Located within the Walsh Ranch Limited Purpose Annexation, North of Interstate Highway 20 and South of Old Weatherford Road in the Far West Planning Sector, AX-21-015 (PUBLIC HEARING-a. Report of City Staff: Stuart Campbell; b. Public Comment; c. Council Action: Close Public Hearing and Act on M&C) RECOMMENDATION: It is recommended that the City Council: 1. Conduct public hearing for the proposed owner-initiated annexation of approximately 124.60 acres of land and 0.3981 acres of right-of-way in Parker County located within the Walsh Ranch Limited Purpose Annexation, north of Interstate Highway 20 and south of Old Weatherford Road, as shown on Exhibit A; 2. Authorize execution of Municipal Services Agreement between the City and property owners, Quail Valley Devco VLO, LLC.; and 3. Adopt ordinance annexing AX-21-015 for full purposes. DISCUSSION: On September 27, 2021, representatives for the property owners Quail Valley Devco VLO, LLC., submitted a request for full-purpose annexation of the property shown on Exhibit A into the City of Fort Worth. The subject property is located entirely in that portion of the City's extraterritorial jurisdiction which is in Parker County. The site is located within the Walsh Ranch Limited Purpose Annexation (AX-03-0010), north of Interstate Highway 20 and south of Old Weatherford Road. The owner-initiated annexation,which is approximately 124.60 acres, is consistent with the urban development annexation criteria as established by the City's Annexation Policy. The subject area is currently agricultural land and the property owner's proposal of residential type development is consistent with the future land use map of the 2022 Comprehensive Plan. The proposed annexation includes 0.3981 acres of right-of-way adjacent to the property. The related Limited-Purpose annexation case(AX-03-0010)was approved by City Council on October 14, 2003. City Council approved the related zoning case(ZC-16-115)on June 21, 2016. Zoning for this area is identified as"PD/LDR"for single family uses in"A-43"thru"R-2"as listed in exhibit A, with a maximum of 14,785 dwelling units is permitted in districts 1, 4, 11 & 12 in accordance with Ordinance No.13896. AX-21- 015 is also related to Preliminary Plat case PP-21-079(filed on September 10, 2021)and Concept Plan case CP-17-005(on file as of November 20, 2017). The Concept Plan and Preliminary Plat were approved by the City Plan Commission. According to the Walsh Ranch development agreement(City Secretary Contract No. 28585),the Owner shall submit preliminary subdivision plats and requests for full purpose annexation pursuant to the procedure for development of the property. Subchapter C-3 of Chapter 43 of the Texas Local Government Code(LGC)provides for the process of annexation of an area upon a request of an owner of land. Section 43.0672 of the LGC requires a municipality that elects to annex an area upon the request of an owner first negotiate and enter into a written agreement with the owners of land in the area for the provision of municipal services. The agreement must include: 1. A list of each service the municipality will provide on the effective date of the annexation; and 2. A schedule that includes the period within which the municipality will provide each service that is not provided on the effective date of the annexation. The municipal services agreement includes these provisions in accordance with state law. The site proposed for annexation is located fully within the City of Fort Worth's Certificate of Convenience and Necessity(CCN)which grants the City exclusive rights to provide retail water and/or sewer utility service. The site is also within the 20-Year Planned Service area as identified in the 2022 Comprehensive Plan. The proposed uses were considered while assessing the financial impact to the General Fund. A fiscal impact analysis was prepared by Planning &Data Analytics with the assistance of other City Departments. City tax revenue is expected to have a positive fiscal impact over the next ten years after the proposed development has been built. Based on the operating costs projected from the Police, Code Compliance and Transportation and Public Works Departments,the fiscal impact shows a slightly negative effect to the General Fund for the first year, but will have a positive impact thereafter. Therefore, due to the ability of the area to meet the City's criteria for full-purpose annexation staff recommends approval of the requested owner-initiated annexation, AX-21-015. The City Council will conduct a public hearing on the proposed annexation. The public hearing is an opportunity for persons interested in the annexation to be heard. Once the City Council has conducted the required public hearing, Council may close the hearing and vote on annexing AX- 21-015 for full purposes. If annexed,this property will become part of COUNCIL DISTRICT 3. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached ordinance, the annexation will have a long-term positive impact to the General Fund. Submitted for City Manager's Office by: Dana Burghdoff 8018 Originating Business Unit Head: D.J. Harrell 8032 Additional Information Contact: Leo Valencia 2497