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HomeMy WebLinkAboutContract 57708 CSC No. 57708 MUNICIPAL SERVICES AGREEMENT BETWEEN THE CITY OF FORT WORTH,TEXAS AND BONDS RANCH LAND LP,PMBC DEV CO 1,LLC AND PMBC DEV CO 3,LLC This Municipal Services Agreement ("Agreement") is entered into on 14th day of June 2022 by and between the City of Fort Worth, Texas, a home-rule municipality of the State of Texas, ("City")and Bonds Ranch Land LP,PMBC DEV Co 1, LLC and PMBC DEV Co 3,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 421.133 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-21-018 ("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 OFFICIAL RECORD Owner-Initiated Annexation Service Agreement CITY SECRETARY FT. WORTH, TX 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 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 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 Owner-Initiated Annexation Service Agreement 2 of 14 using water-well and on-site sewer facilities on the Effective Date may continue to use the same. If a property owner desires to connect an existing structure to the City water and sewer system,then the owner may request a connection and receive up to 200 linear feet of water and sewer extension at the City's cost for each occupied lot or tract in accordance with the City's "Policy for the Installation of Community Facilities" and applicable law. Once connected to the City's water and sanitary sewer mains, the water and sanitary sewage service will be provided by the City at rates established by City ordinances for such service. x. Solid Waste Services—The City will provide solid waste collection services in accordance with existing City ordinances and policies, except where prohibited by law. xi. Code Compliance — The City's Code Department will provide education, enforcement, and abatement relating to code violations within the Property. xii. Full Municipal Services — Commencing on the Effective Date, the City will provide to the Property all services provided by the City within its full-purpose boundaries and not otherwise listed above, except as provided in Section 3(b). b. The City will provide water service and wastewater treatment service to developments established after the Effective Date in accordance with, and on the schedule determined by, the City's extension policies and applicable law and at rates established by City ordinances for such services. c. It is understood and agreed that the City is not required to provide a service that is not included in this Agreement. d. Owner understands and acknowledges that the City departments listed above may change names or be re-organized by the City Manager. Any reference to a specific department also includes any subsequent City department that will provide the same or similar services. 4. SERVICE LEVEL. The City will provide the Property with a level of services,infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City with topography, land use, and population density similar to those reasonably contemplated or projected for the Property. 5. AUTHORITY. City and Owner represent that they have full power, authority and legal right to execute, deliver and perform their obligations pursuant to this Agreement. Owner acknowledges that approval of the Annexation Case is within the sole jurisdiction of the City Council.Nothing in this Agreement guarantees favorable decisions by the City Council. 6. SEVERABILITY. If any part, term, or provision of this Agreement is held by the courts to be illegal, invalid, or otherwise unenforceable, such illegality, invalidity, or unenforceability will not affect the validity of any other part,term or provision, and the rights of the parties will be construed as if the part, term, or provision was never part of the Agreement. 7. INTERPRETATION. The parties to this Agreement covenant and agree that in any litigation relating to this Agreement, the terms and conditions of the Agreement will be interpreted Owner-Initiated Annexation Service Agreement 3 of 14 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 parry 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 parry'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. Owner-Initiated Annexation Service Agreement 4 of 14 CITY OF FORT WORTH BONDS RANCH LAND LP, PMBC DEV Co 1 LLC & PMBC DEV Co 3 LLC t Au7&)�L By:Dana Burghdoff(Jtfn 22,20 15:50 CDT) By; Name: Name: Matt Mildren Title: Assistant Cily Manager Title: Authorized Representative, Manager, PMB Capital Investments Approved as to Form and Legality: Name: Senior Assistant City Attorney Attest: .7g��e��e Goo�lgCG �p0F00 oco a� Jan nette S.Good a[[(Jun 23,2022 11:11 CDT) 9A, 00 City Secretary 0-o °�-�� Pvo .=A 0 Id Id Approvals: �d'f o00 00 �`� M&C: 22-0337 ��a�000000 ad Ordinance No.25552-06-2022 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Owner-Initiated Annexation Service Agreement 5 of 14 State of Texas § County of Tarrant § This instrument was acknowledged before me on the 22nd day of June , 2022 by Dana Burghdoff , Assistant City Manager of the City of Fort Worth, a Texas municipal corporation, on behalf of said corporation. Maria Sanchez By. Maria Sanchez(Jun 22,202216:46 CDT) Notary Public, State of Texas ♦J• "RIA 5 5ANCHU _ Ha ry ID#2256490 MY C Expires wfi DecemC 19.2025 State of Texas',D § County of TWfant § This instrument was acknowledged before me on the day of (�lJ , 20 aal by Matt Mildren, Manager, PMB Capital Investments on behalf of said Bonds Ranch Land LP, PMBC DEV Co 1, LLC & PMBC DEV Co 3 LLC. B - RM A LYNNE KEETONNotary Public, State of Texasublic, State of Texas Expires 04-20-2024ry ID 128963763 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 EXHIBIT A Tract 1 a "This d�:rr,enl nd p,wperrd,raver 72 i Ar 13A.ri5l51,d.ww rnl rw(iel in. rt7ullt of m ea!hw qr cunq wur vwy,mC Is rot to 0e used to con.eg or e-,.•ahtsh interests in realprcrerty e.cept those rT,h1s any interests fn•pred or 0alletsGhm1 by %a Crrefiao of rrtanry�retiyo of the 6nuodmy of!hq for•hicn it rm pr.pswd:' M "Irlegrd"ts of V.'s document- I. - 2 Pngws N A 2.E.h;e:l 1�1 0 1000 2000 o -A ��`' GRAPHIC SCALE IN FEET CURVE TABLE CXr RADIUS LENGTH DELTA LCH BEARING DIST. A,rro..Svrrr Liar Cl 2360.00' 1425.27' 34'36'09" N56.39'11'E 1403.71' -----------"— - -------------..------- C2 1440.00' 892.39' 35'30'25" N59'06'19`E M.17 LINE TABLE C2 L1 �poillt 0 f I La BEARING DIST. - $ L1 500'25'05"W 551.20' L2 I� L2 N89'34'55"W 360.06' j L3 S00'25'05"'W 604.98' o �` La S99'34'55"E 360.06' 1� L3 L5 N47.02'06"W 360.06' 1� o LG S42.57'r2"W 604.98' 44 LT 547.02'p8'E 36Q.06' g`� L4 Y L8 N42.57'52"E 604.98' L9 599'50'09"W 416.66' 00 S00'24'26"'W 522.50' L l l N00.06'20"W 604.FB C ' • IMF*pit. •�~ N `{ L12 589'53'40"N 360.06' L13 S00.06'20"E 604.98' <� � � I Bonds Ronch Lond, LP c Cl Inst., D221038882 i C.R.T.C.T. a i a FJ/.M!Mcy 122C7 N75.57'03"E (9ddf�0 R4a11 N N 569,25' M4%[XATgN IRACf f t 'a t Appro..Survey Line 0-3r.. ---------------.. v Ei .n- F LOP V.-AN a'ab'ds Rome., ., l'V0. J4A 1 7- Gcja� oC Cr'PCw. J4' �1 �. • � ,�`ter {x,.h`4`b s i q•rfly�. r Lie I o .1 n. r �• as F J _�• • •.le•od frecrr_k Se-,rtx Cm ' r a. SI59'53'40"W _ 589•53'40"Yl ,ruu 4 14 80.16' *63.53' VaL2"�>;•r i CFP..T, qbi , t a . r O 1 c .0p to a• Exhibit for Annexation of 269.860 Acres of Land Situcted in the R. Ganzoro Survey, Anst.r 563. the PEL TC N J. Smith Survey, Abst.• 1916, and the T.& P.R.R.Co. Survey. LAND SOLUTIONS Abst.• 1568, Torrant County, Texas WOHLLvcccr4wx1we.LurE_71 {;�+� dLPi�7:Ifil UF:h'A'.`JL�1': U.IS:�srr S:HI=CGriEL•E'l'. I-.E+nd,r. J.117: -2 .2 l FAr_[ 1:I1 ov K' e.�. • ts�p.72a a1�Aht.iRlAyr 4uDC 04b s 2,412322 3.17.24 IW Owner-Initiated Annexation Service Agreement 7 of 14 Exhibit A Tract 1 Continued Description of 269.860 Acres BEING a tract of land situated in the R. GANZARA Survey, Abstract Number 563, the T. & P.R.R. Co. Survey, Abstract Number 1568, the ACH&B Survey, Abstract Number 55, and the J. SMITH Survey, Abstract Number 1916, Tarrant County, Texas, and being all of Tract II and Tract III as described in deed to Bonds Ranch Land, LP, recorded in Instrument Number D221038882, County Records, Tarrant County, Texas (C.R.T.C.T.) and being more particularly described by metes and bounds as follows: BEGINNING at the northeast corner of said Tract I1, being in the south right-of-way line of Bonds Ranch Road (120' R.O.W.), also being in the west line of Tract No. 4 as described in deed to Texas Electric Service Company recorded in Volume 2542, Page 1, C.R.T.C.T., from which the northwest corner of Lago Vista at Bonds Ranch, an addition to Tarrant County, recorded in Cabinet"A", Slide 6636 bears N 78°23'09"E, 76.72 feet; THENCE with the east line of said Tract 11 the following bearings and distances; S 00025'05"W, 551.20 feet; N89034'55"W, 360.06 feet; S00025'05"W, 604.98 feet; S89034'55"E, 360.06 feet; S 00025'05"W, 2074.03 feet; N 47°02'08"W, 360.06 feet; S 42057'52"W, 604.98 feet; S 47002'08"E, 360.06 feet; N 42057'52"E, 604.98 feet; THENCE S 00025'05"W, 1298.58 feet, to the northeast corner of that certain tract of land as described in a Surface Easement Agreement recorded in Instrument Number D207336116, C.R.T.C.T.; THENCE S 89050'09"W, with the common line between said Tract 11 and Surface Easement Agreement tract, 416.86 feet; THENCE S 00024'28"W, continuing with said common line, 522.50 feet to the southwest corner Owner-Initiated Annexation Service Agreement 8 of 14 of said Surface Easement Agreement tract, same being the southeast corner of said Tract II; THENCE S 89053'40"W, departing said common line, with said south line of said Tract II, 1063.53 feet to the southwest corner of said Tract II; THENCE N 00006'20"W, 604.98 feet to an inner ell corner of said Tract II; THENCE S 89053'40"W, at 174.49 feet pass the common line between said Tract II and said Tract III, continuing in all a distance of 360.06 feet to an inner ell corner of said Tract III; THENCE S 00006'20"E, 604.98 feet to the southeast corner of said Tract III; THENCE S 89053'40"W, with the south line of said Tract III, 1480.16 feet to the southwest corner of said Tract III, being in the east right-of-way line of F.M. Highway No. 1220 (Boat Club Road); THENCE N 14002'37"W, with the common line between said Tract III and the east right-of-way line of Boat Club Road, 2223.01 feet to the northwest corner of said Tract III, same being the intersection of the east right-of-way line of Boat Club Road and the south right-of-way line of Bonds Ranch Road (120' R.O.W.); THENCE with the common lines between the south right-of-way of Bonds Ranch Road and said Tract III and Tract II, the following courses and distances: N 75057'03"E, 569.25 feet to the beginning of a curve to the left; With said curve to the left, an arc distance of 1425.27 feet, through a central angle of 34°36'09",having a radius of 2360.00 feet, the long chord which bears N 58°39'11"E, 1403.71 feet; N 41°21'07"E, 2107.20 feet to the beginning of a curve to the right; THENCE with said curve to the right, an arc distance of 892.39 feet, through a central angle of 35030'25", having a radius of 1440.00 feet, the long chord which bears N 59°06'19"E, 878.17 feet to the Point of Beginning and containing 11,755,089 square feet or 269.860 acres of land more or less. Owner-Initiated Annexation Service Agreement 9 of 14 Exhibit A Tract 2 m] "Thy occurrent was prrmnd under 22 TAC T35.9515Y,exs net rehect the tesuls of on on Ik 7ounJ 6arey.one T :s not to tie wed to Convey c'esttta:sh:nte+ests i'1 resgxaperty escepi These rtgnts ore:nte ests:mpge..or yl ewtnhSw•rC liy I.- :..at,—n rwccrli?:r,o['on of Ihw taiGzy of the fa Mich it i n prwper.d: r TAT •Tnteq•dports of Th:s eccvrer-1" 1V L D+s:r�ptian - 2 Fobs 51 2.Etnt:t Q 1000 2000 w GRAPHIC SCALE IN FEET u �GPrw_S��ey --.l++s I......_-•-•--- •-------r----------.-.._..-...._.._.._..I s �crt .art LINE TABLE Ix L; BEARING DIST. ' L1 N89.21'04"E 334.91" !V L2 S80.05'35"E 427.48' w L3 S09.54'25"W 456.28' !� JLq�ytdTergyvfrl.tcn a.Asixll77GrJ L4 500.45'35"E 477.39' la CAprT, LS N09'S4'25'E 456.28' L6 S80105'35"E 177.22' L7 S14.04'05"E 29.33' L6 5T5.57'S6"W 160.99' -oint of �,r�� L9 513.56'OT'E 54.93' tc e+' L10 500'04'45"W 403.98' �`+ t J11i1iillcT + �rOMM L11 f100'22'26"W 288.13' »� I °tt va..tioSr'tLe 0¢�6� L12 N00'25'07"E 371.57' L13 N01.22'51"W 276.99' 51 c3 <�� Q`b L14 500.44'27"W 235.68 .419 1 �` ` LIS N00'50'1r"E 506,85 _ LU 3, to -. r}Yos AbnG+r Laa1.LP Y L4 y4y j true•D2JM3�d'£2 o� CAM'. 3 w ! •� qy �,5 ! ; Lnt�tcAnal -n — — 4 .. TRACT 2 la rf1" h� I rl .m...—..__ OR r httt.•072171Su12 Toros E•W lc S W bt Cmpxy j 1oro V11V d 9"S ftvt C2 s Trod 4 CMA.SV 5kt4 p u YPC25e:.�,f CASC.T. SB9•it17•[ r+ y4.4 587•t3'40'1E 599•n54'EJ 'S7U.Oi' d Cl 730,V- L I Bonds Ranch Land.LP L9 L' n Aco�o...... i�4 Inst.• D221036682 g C.R.T.C.T. —F] _j 9 I M69'43'S2"Mr 37a8,52- j Tarts£WI(C S+ntie C4KWy Texas EW.*k S*109:0 Cat:Any %+� frstr Tra_r rr.ol-"5 „i j Vot!>�PG'.4•+,C1+Jtr, VN.2S+2Ptir,Clr.(tT. c n: 0 CURVE TABLE n 1 C; RADIUS LENGTH DELTA LCH BEARING DIST. o Cl 89T.95' 106.85' 11'55'21" N96.39.01`E 186.51' j C2 1390.21' 292.92' 12.09*35' N04.42'34's 292.37' o C3 630.00' 173.4D' 11.58'11' N11.26'17't 173.06' 1 w 0 Exhibit for .:Annexation of 109.031 Acres of Land h 1i� 1 P� L TC�N Situated in the ACH&B Survey, Abstract Number 55. : and the TAP. R.R. CO. Survey, Abstract Number 156B. LAND 5CLYTIONS Tarrant County. Texas a M".7ti nC1.14 A, x:r JOR a 3LP2L431 ORAfJ.N BY: O.Kt7if3f r:-IErr;EJ R`?: 7,BI�i.ti- DATF- Q 27-2'. PA r C.IT'.M]",-11 TG:RG nI^ f'll 0.)1(-•1.]]Y] '� GE 4 1 of I MU .• V111 M Owner-Initiated Annexation Service Agreement 10 of 14 Exhibit A Tract 2 Continued Description of 109.031 Acres BEING a tract of land situated in the T. & P.R.R. Co. Survey, Abstract Number 1568 and the ACH & B Survey, Abstract Number 55, Tarrant County, Texas, and being a portion of Tract I as described in deed to Bonds Ranch Land, LP, recorded in Instrument Number D221038882, County Records, Tarrant County, Texas (C.R.T.C.T.), and being more particularly described by metes and bounds as follows: BEGINNING at the southwest corner of Tract IV as described in deed to Bonds Ranch Land, LP, recorded in Instrument Number D221105176, C.R.T.C.T.; THENCE N 89021'04"E, with the common line of said Tract I and said Tract IV, 334.97 feet; THENCE S 80005'35"E, at 230.27 feet pass the southeast corner of said Tract IV, same being the southwest corner of Lago Vista at Bonds Ranch, an addition to the City of Fort Worth, recorded in Cabinet A, Slide 10089, in all a distance of at 427.48 feet to the northwest corner of that tract of land described by deed to said Bonds Ranch Investors, Ltd., recorded in Volume 16030, Page 268 said County Records; THENCE with the departing the south line of said Lago Vista addition, with the West, South and East line of said Investors Tract the following bearings and distances; S09054'25"W 456.28 feet; S80005'35"E 477.39 feet; N09054'25"E 456.28 feet, returning to the south line of aforementioned Lago Vista addition; THENCE S80005'35"E 177.22 feet to the Southeast corner of said Lago Vista addition THENCE over and across aforementioned Tract 1 the following bearings and distances; S 09050'57"W, 1471.35 feet; S 05014'58"E, 800.06 feet; S 38022'08"W, 652.14 feet; S 14004'05"E, 28.33 feet; S 75057'56"W, 160.99 feet; S 13°56'07"E, 54.93 feet; Owner-Initiated Annexation Service Agreement 11 of 14 S 00004'45"W, 383.98 feet to the south line of said Tract I, same being in the north line of the West Tract as described in deed to Texas Electric Service Company, recorded in Volume 6865, Page 414, C.R.T.C.T.; THENCE N 89043'52"W, with the common line of said Tract I and said West Tract, 3248.52 feet to the southwest corner of said Tract I, same being the northwest corner of said West Tract; THENCE N 00022'26"W, 288.13 feet to the southeast corner of Tract No. 4 as described in deed to Texas Electric Service Company, recorded in Volume 2542, Page 1, C.R.T.C.T.; THENCE N 00025'07"E, with the common line between said Tract I and said Tract 4, 371.57 feet to the southwest corner of Lago Vista at Bonds Ranch, an addition to the City of Fort Worth, recorded in Cabinet A, Slide 8114, C.R.T.C.T.; THENCE S 89043'40"E, with the common line between said Tract I and said Lago Vista at Bond Ranch addition, 1576.07 feet to the southeast corner of said Lago Vista at Bonds Ranch addition, same being an inner ell corner of said Tract I; THENCE N 01 022'51"W, continuing with said common line, 278.99 feet; THENCE departing said common line, over and across said Tract I the following courses and distances: S 89011'l 7"E, 480.53 feet; S 00044'27"W, 238.68 feet to the beginning of a curve to the right; With said curve to the right, an arc distance of 186.85 feet, through a central angle of 11055'21", having a radius of 897.95 feet, the long chord which bears N 86°39'01"E, 186.51 feet; S 89011'54"E, 730.19 feet; N 00°50'17"E, 588.85 feet to the beginning of a curve to the left; With said curve to the left, an arc distance of 292.92 feet, through a central angle of 12009'35", having a radius of 1380.21 feet,the long chord which bears N 04°42'34"W, 292.37 feet; N 11034'36"W, 1727.64 feet; THENCE with said curve to the left, an arc distance of 173.40 feet, through a central angle of 11°58'11", having a radius of 830.00 feet,the long chord which bears N 11°26'17"W, 173.08 feet, to the Point of Beginning and containing 4,749,376 square feet or 109.031 acres of land more or less. Owner-Initiated Annexation Service Agreement 12 of 14 Exhibit A Tract 3 "T nth docu•nent*as prepared Irder 22 TAC 19695r5l,does not reflect the results or y.on the qoi nd survey.:&J if r*1 to Ce used to con.ty or esLaersh rlefesls it resp(cpefty t.cept lhost r;,ir.ls dr•0 rlefests if iE4 dr 4y thv bvolicn cr r�cen�q,rnLen ar the bi_dmy ar thv yYiGcd auSivacn rx vhkh l .- N N n 'lnlvyral p:>la of Ihia dvpur�nS- � 5-G� ���� 1,ves"'p6cn t Page = 2.E.htit GRAPHIC SCALE IN FEET U J 11 ca 1 �N Poi Isy19* _�I T K�d•y t.w llrw.Nr'=--• 1 1..r,1 1( rT��CArLJ ~ � CP11!R.ir:i7Jttj rr �r 1 mot' 1 9 1 1 1 5 ire. a `ir ands aanl w:r•w pG -------- "t 0.1ZOMW �y urPrJ. i Reyin�rirt i SMYsWenMr"s_Lra re,a E.l&rr 5trotcs Y rrfeI rear EAWM-,5errta CRvay NarTrax tSm+her 64W.RIIXJ Trays VOC6tiSPptw'4CPPG'. nts'.•DA'25gif7.CPPIJ. Vd.252.1'p.{CRPU. ! S89.43'25"E 1442. >� — Kr�o..Sumer i.'+e 4S4y i BONDS RANCH LAND LP * { h � : a Tract 1, Parcel B ' o D221038882 a 1.D �Gyt i w m C.R.T.C,T. v W i m 360.07' "Ex4710w IIIACT 3 S09•43•25••E Zoned "A-7.5" I Soo*or48^E SB9.4 7.33-Pr 2 79.92 2290.17' �4A Ap o..Su•vty L'r•t h� er NI h• Gh"• of Zoned "A-7.5" r o i rE T n L a 0 c N a• Exhibit for Annexation of u 42.242 Aches of Land [f��lSituated in the ACN&B Survey. Abstract Number 55, P'E LC)TC, N LAND $OLL1TIONJ Torrent County, Texas rSy,HutScccr:ar.a+,r.t,-Irt:w �,7e SLP21:N1 :3KNAIN HY: D.Kaiw.r CHECKED'E�Y.T.Hncas tw.rE: !2-:12-2i AU 1 al! vv urw r.5.,rs lf5B.p7p-g1_Aha.fW.� UOQEGNWtt 21 4,2p72 C. ..G 04 Owner-Initiated Annexation Service Agreement 13 of 14 Exhibit A Tract 3 Continued Description of 42.242 Acres BEING a tract of land situated in the ACH & B Survey, Abstract Number 55, Tarrant County, Texas, and being portion of Tract I, Parcel B as described in deed to Bonds Ranch Land, LP, recorded in Instrument Number D221038882, County Records, Tarrant County, Texas (C.R.T.C.T.), and being more particularly described by metes and bounds as follows: COMMENCING at the southwest corner of Lot 34, Block 8 as shown on the Final Plat of Lago Vista at Bonds Ranch, an addition to the City of Fort Worth, recorded in Cabinet"A", Slide 8114 said County Records; THENCE S 00018'38"E, 1099.72 feet to the northwest corner of said Tract I, same being the southwest corner of Tract No. 5 as described in deed to Texas Electric Service Company recorded in Volume 2542, Page 1, C.R.T.C.T., for the POINT OF BEGINNING; THENCE S 89043'25"E, with the common line of said Tract I and Tract No. 5, 1942.55 feet to the northeast corner of said Tract I; THENCE S 00001'48"E, departing the south line of said Tract No.5, 604.95 feet; THENCE S 89043'25"E, 360.07 feet; THENCE S 00001'48"E, 279.92 feet to the southeast corner of said Tract I; THENCE S 89047'33"W, 2298.17 feet to the southwest corner of said Tract I; THENCE N 00018'38"W, 904.31 feet to the POINT OF BEGINNING and containing 1,840,052 square feet or 42.242 acres of land more or less. Owner-Initiated Annexation Service Agreement 14 of 14 City of Fort Worth, Texas Mayor and Council Communication DATE: 05/10/22 M&C FILE NUMBER: M&C 22-0337 LOG NAME: 06AX-21-018 RIO CLARO—OWNER INITITATED SUBJECT (Future CD 7)Conduct Public Hearing, Authorize Execution of Municipal Services Agreement and Consider Adopting Ordinance for the Proposed Owner-Initiated Annexation of Approximately 421.133 Acres of Land in Tarrant County, Known as Rio Claro, Located Generally South of Bonds Ranch Road and East of Morris Dido Newark Road, and Approximately 32.759 Acres of Right-of-Way in the Far Northwest Planning Sector, AX- 21-018 (Continued from a Previous Meeting) (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 421.133 acres of land and approximately 32.759 acres of right-of-way in Tarrant County, known as Rio Claro, located generally south of Bonds Ranch Road and east of Morris Dido Newark Road in the Far Northwest Planning Sector, AX-21-018, as shown on Exhibit A; 2. Authorize execution of Municipal Services Agreement between the City and property owners, Bonds Ranch Land, LP, PMBC Dev Co 1, LLC, and PMBC Dev Co 3,LLC; and 3. Adopt ordinance annexing AX-21-018 for full purposes. DISCUSSION: On September 13, 2021, representatives for the property owners Bonds Ranch Land, LP, PMBC Dev Co 1, LLC, and PMBC Dev Co 3,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 in the City's extraterritorial jurisdiction in Tarrant County. The site is located generally south of Bonds Ranch Road and east of Morris Dido Newark Road. The owner-initiated annexation, which is approximately 421.133 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 and commercial type development is consistent with the future land use map of the 2022 Comprehensive Plan. On April 13, 2022,the related zoning case(ZC-21-236)was heard by the Zoning Commission, and the commission voted to recommend approval of the requested zoning to City Council. The requested zoning includes "A-5" One-Family; "A-7.5" One-Family; "A-10" One-Family; "E" Neighborhood Commercial; "PD/CR" Planned Development for all uses in"CR" Low-Density Multifamily for detached multifamily with development standards for setbacks, building orientation, fencing, open space, landscaping and a waiver to the MFD submittal, site plan required. 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 in 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-21-018. 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-21-018 for full purposes. If annexed,this property will become part of COUNCIL DISTRICT 7. 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 W. Dana Burghdoff 8018 Originating Business Unit Head: D.J. Harrell 8032 Additional Information Contact: Leo Valencia 2497