HomeMy WebLinkAboutContract 57899 CITY SECRETARY
(:_) 1TRACTNO. 5-1S99
PRE-ANNEXATION AGREEMENT
BETWEEN THE CITY OF FORT WORTH, TEXAS AND
VAQUERO MORRIS DIDO PARTNERS, LP
This PRE-ANNEXATION AGREEMENT("Agreement") is made and entered into by
and between the City of Fort Worth, a home-rule municipal corporation located in the State of
Texas, and situated in portions of Tarrant, Denton, Johnson, Parker, and Wise Counties ("City"),
acting by and through its duly authorized Assistant City Manager, and Vaquero Morris Dido
Partners, LP, a Texas limited partnership ("Owner"), effective when executed by both parties
(the "Effective Date").
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,Owner owns a certain parcel of land situated in Tarrant County,Texas,which
consists of approximately 1.50 acres of land in the City's extraterritorial jurisdiction, such property
being more particularly described as Lot 4R1A, Block 1, West Fork Addition, Tarrant County,
Texas, also known as 9820 Morris-Dido-Newark Road (FM 1220) as shown on Exhibit "A"
("Property"); and
WHEREAS, the Property is located within the City's certificate of convenience and
necessity for water service; and
WHEREAS,the Property is not presently contiguous to the City; and
WHEREAS, Owner has requested that the City provide retail water service to the
Property; and
WHEREAS, pursuant to the City's annexation policy, all property to receive City water
service must be within the corporate limits of the City or the Owner must agree to be annexed
into the corporate limits of the City when the Property becomes contiguous to the City; and
WHEREAS,Owner agrees to petition the City to annex the Property into the City pursuant
to Subchapter C-3, Chapter 43 of the Texas Local Government Code, at the time the Property
becomes contiguous to the City; and
WHEREAS,the parties acknowledge and agree that this Agreement constitutes a petition
for the voluntary annexation under the provisions of Subchapter C-3, Chapter 43 of the T xas
Local Government Code, and upon the request of the City the Owner shall execute all applicat ons
and documentation required by Texas law; and
WHEREAS, Section 43.0671 of the Texas Local Government Code
annex an area if each owner of land in the area requests the annexation; and OFFIUAL R CORD
CITY SECR� TA TRY
Pre-Annexation Agreement Between City of Fort Worth,Texas FT. WO�°�, !?X
and Vaquero Morris Dido Partners,LP
,Pi xL Lks
WHEREAS, execution of this Agreement and annexation of the Property are subject to
approval by the Fort Worth City Council;
NOW THEREFORE, in exchange for the mutual covenants, conditions and promises
contained herein, City and Owner agree as follows:
I. PROPERTY. This Agreement is only applicable to the Property.
2. ANNEXATION. It is the intent ofthe City and Ownerthat this Agreement for the Property
to be annexed when the Property becomes contiguous to the City shall allow for the
provision of water service to the Property in accordance with the City's annexation policy
and state law. As a condition of said provision of water service, the City may annex the
Property upon it becoming contiguous and adjacent to the corporate limits of the City in
accordance with Chapter 43 of the Texas Local Government Code. The formal
Petition/Consent for Annexation is attached hereto as Exhibit"B" and made a part hereof.
No further consent of Owner shall be required for the City to annex said property at some
time in the future upon it becoming contiguous and adjacent to the City corporate limits.
Upon the request of the City, the Owner shall execute all applications and documentation
required by Texas law.
3. ZONING. The parties agree that concurrent with the petition for the annexation, the City
shall consider zoning of the Property. It is Owner's intent to develop the Property with a
small box discount store and to seek zoning such that the use, building and site
improvements will comply with the City's zoning ordinance. The City Council will
consider the annexation and zoning of the Property at the same meeting. The Owner
acknowledges that while the requested zoning will be supported by staff, this Agreement
does not in any way guarantee that the City Council will grant the Owner the particular
zoning requested.The parties agree,notwithstanding failure by the City Council to approve
the requested zoning,the use,buildings and site improvements will be legal nonconforming
and use of said Property can continue pursuant to applicable law, including without
limitation Section 43.002 of the Texas Local Government Code.
4. WATER SERVICE. Upon execution of this Agreement the City will provide retail water
services to the Property in a manner that is consistent with its policies and procedures in
effect and in compliance with Chapter 35 of the City Code. Owner will be permitted to
connect to the City's water Iine at the Property Line. Owner will be responsible' for
payment of generally applicable tap fees, impact fees, and front footage charges in
accordance with the City's infrastructure extension policies and applicable city ordinances,
rules, regulations, and policies. Owner will be required to install, at Owner's expense, a
private side pressure reducing valve and a high hazard backflow prevention assembly on
the Owner's water service line. Owner must obtain plumbing, backflow and irrigation
permits through the City's permitting process and have all plumbing, backflow prevention,
and irrigation systems inspected by the City. Owner shall install all domestic water taps,
irrigation water taps and fireline water taps in accordance with the City's ordinances, rules,
Pre-Annexation Agreement Between City of Fort Worth,Texas Page 2
and Vaquero Morris Dido Partners,LP
regulations, and policies.
5. SEWER SERVICE. The City's sewer is currently not located within the vicinity of
Owner's property. Owner has no obligation to extend such sewer line to the Property
boundary or to contribute to the cost of extending such line. Within six (6) months after
such sewer line is extended to the Property boundary, Owner shall connect the Property to
such sewer line and shall pay generally applicable tap fees, impact fees, and sewer per acre
charges, if applicable, in accordance with the City's infrastructure extension policies and
applicable city ordinances,rules,regulations and policies. Prior to connecting the Property
to the City's sewer line, Owner must obtain a sewer plumbing permit through the City's
permitting process and have sewer plumbing inspected by the City.
6. DEDICATION OF SEWER EASEMENT. Owner agrees to dedicate a 20-foot sewer
easement to the City along the frontage of the Property adjacent to the Morris-Dido-
Newark Road (FM 1220) right-of-way, commencing five (5) feet from the right-of-way
running parallel and adjacent to, but not within the boundaries of,the existing 5-foot utility
easement, in the location generally shown on Exhibit "A". The easement shall be in the
form attached as Exhibit "C," or as modified by agreement of the parties. The City will
be responsible for all engineering and surveying expenses incurred in connection with such
easement but will not otherwise compensate Owner for such easement. The City
acknowledges that Owner is permitted to pave such easement and to use such easement for
parking of vehicles and the Exceptions described therein.
7. 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 is within the sole jurisdiction of the City
Council. Nothing in this Agreement guarantees favorable decisions by the City Council.
8. SEVERABILTY. If any part, term, or provision of this Agreement is held by the court 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�i the
rights of the parties will be construed as if the part, term, or provision was never part of
the Agreement.
9. 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.
10. GOVERNING LAW AND VENUE. Venue shall be in the state courts located in TatTant
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.
Pre-Annexation Agreement Between City of Fort Worth,Texas Page 3
and Vaquero Morris Dido Partners,LP
11. 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.
12. 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.
13. 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!
14. CAPTIONS. The captions to the various clauses of this Agreement are for information
purposes only and shall not alter the substance of the terms and conditions of this
Agreement.
15. AGREEMENT BINDS SUCCESSORS AND RUNS WITH THE LAND. This
Agreement shall be duly recorded in the Public Records of the applicable county. This
Agreement is binding on and inures to the benefit of the parties, their successors., and
assigns. The terms of this Agreement constitute a covenant running with the land
comprising the Property and are binding on Owner. In the event Vaquero Morris Dido
Partners, LP transfers ownership of the Property, the subsequent owner of the Property
shall be the "Owner" pursuant to this Agreement and shall have all rights and obligations
of the Owner. The City agrees to look solely to such Owner for performance of this
Agreement and agrees that Vaquero Morris Dido Partners, LP shall be released from
performing any obligations pursuant to this Agreement arising after the effective date of
such transfer. Thereafter, all transfers of ownership of the Property shall be subject to this
section, i.e., each owner of the Property shall be the"Owner" and shall have all rights and
obligations of the Owner. The City agrees to look solely to each such Owner for
performance of this Agreement and agrees that the prior owner shall be released from
performing any obligations pursuant to this Agreement arising after the effective date of
such transfer.
I6. 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 Effective Date.
SIGNATURES APPEAR ON FOLLOWING PAGES.
Pre-Annexation Agreement Between City of Fort Worth,Texas Page 4
and Vaquero Morris Dido Partners,LP
FORT
ATTEST: CITY OF FORT WORTH
By:
a ette Goodall, City Secretary Dana Burghdoff ssista ty Manager
Date: 7
APPROVED AS TO FORM AND
LEGALITY:
Assistant City Attorney
Approvals:
M&C 22-0488_
foern 129S: W ZZ-S""�I(v'45$
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me, on the Vay of 2022,
by Dana Burghdoff, Assistant City Manager of the City of Fort Worth, Texa n be alf of said
city.
�•^ MARIA 5 SANCHEZ Nota Public, State of Texas
= Notary ID#�296490
My Commission Expires Printed Name: Ma rt q s, Ct n C.�.'�
December 19, 2025
My Commission Expires:
FFT. WOR-TV.,
RECORD
ETARY
T�Pre-Annexation Agreement Between City of Fort Worth,Texas
and Vaquero Morris Dido Partners,LP
i
CONTRACT COMPLIANCE
MANAGER
By signing I acknowledge that I am the
person responsible for the monitoring and
administration of this contract, including
ensuring all anc nd re rting requirements.
By:
anae; �;�y�� �r! /
Title:
a ti
i `
Pre-Annexation Agreement Between City of Fort Worth,Texas L_!j!0RFNy irX
and Vaquero Morris Dido Partners,LP p
OWNER:
VAQUERO MORRIS DIDO PARTNERS,
LP,
a Texas limited partnership
By: Vaquero Ventures Management,
LLC,
a Texas limited liability company,
Its General Partner
By. W14 a
Name:
Title:WAV-\ q C Y'
STATE OF TEXAS §
COUNTY OF TARRANT §
!ccan1"owAr0e1ged`-�e_kAAis
instrument wa before me, on the R day of t,A.\ 2022,
by V Y of Vaquero Ventures Management, LL ', a Texas
limited liability company, General Partner of Vaquero Morris Dido Partners, LP,on behalf of;said
limited partnership.
Given under my hand and seal of office this day of _J V\ , 20�2.
[SEAL]
ota ublic, Sta o Texas
i
Printed Name;A\V,QSC� W r t0 h�
a
ALY55A JOY WRIGHT I
Notary ID#133530142 My Commission Expires:My Commission ExpiresJanuary 12,2026
OFFICgag
CITY
FT W
Pre-Annexation Agreement Between City of Fort Worth,Texas
and Vaquero Morris Dido Partners,LP
After Recording Return to:
City Secretary City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
III
Pre-Annexation Agreement Between City of Fort Worth,Texas Page 8
and Vaquero Morris Dido Partners,LP
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EXHIBIT B
PETITION REQUESTING ANNEXATION BY AREA LANDOWNERS
TO THE MAYOR AND CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
The undersigned owner petitions the City of Fort Worth to annex Lot 4RIA, Block 1, West Fork
Addition, Tarrant County, Texas (the "Property"); into the City's corporate limits when the Property
becomes contiguous to the City, in accordance with Subchapter C-3 of Chapter 43 of the Texas Local
Government Code.
The undersigned certifies that this petition is signed by each and every owner of the Property.
VAQUERO MORRIS DIDO PARTNERS,LP,
a Texas limited partnership
By: Vaquero Ventures Management, LLC,
a Texas limited liability company,
Its General Partner
By:
Name:
Title:
Pre-Annexation Agreement Between City of Fort Worth,Texas Page 10
and Vaquero Morris Dido Partners,LP
EXHIBIT C
FORM OF SEWER EASEMENT
CPN [#] and [Project Name]
Parcel [#]
[Property_Street_#] [Property_Street_Name]
Lot [#], Block [#],Addition [Name] OR Survey [NAME],Abstract No. [#]
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT §
CITY OF FORT WORTH
PERMANENT SEWER FACILITY EASEMENT
DATE:
GRANTOR:
GRANTOR'S MAILING ADDRESS (including County):
GRANTEE: CITY OF FORT WORTH
GRANTEE'S MAILING ADDRESS (including County):
200 TEXAS ST.
FORT WORTH,TARRANT COUNTY,TX 76102
CONSIDERATION: Ten Dollars($10.00)and other good and valuable consideration,the receipt and suffi iency of
which is hereby acknowledged.
EASEMENT PROPERTY: Being more particularly described in the attached Exhibits"A"and"B"
Grantor,for the consideration paid to Grantor and other good and valuable consideration,hereby grants, sells,and conveys
to Grantee, its successors and assigns, an exclusive, perpetual easement for the construction, operations, maintenance,
replacement, upgrade, and repair of a Permanent Sewer Line Facility (hereafter referred to as "Facility"'). The Facility
includes all incidental underground and aboveground attachments,equipment and appurtenances,including,but not limited
to manholes, manhole vents, lateral line connections, pipelines,junction boxes in, upon, under and across a portion of the
Easement Property and more fully described in Exhibits "A" and "B" attached hereto and incorporated herein for all
pertinent purposes, together with the right and privilege at any and all times to enter the Easement Property, or any part
thereof, for the purpose of constructing, operating,maintaining,replacing, upgrading,and repairing said Facility.
Pre-Annexation Agreement Between City of Fort Worth,Texas Page 11
and Vaquero Morris Dido Partners,LP
The easement is granted subject to the following improvements within the Easement Property: (i)monument sign or pole
sign identifying the business on the property adjacent to the Easement Property; and (ii) headwall for detention and pipe
outfall to right-of-way (the"Exceptions").
Except for the permitted Exceptions,Grantor shall not(1) use the Easement Property in any manner which interferes in any
material way or is inconsistent with the rights granted hereunder, or(11)erect or permit to be erected within the easement
property a permanent structure or building, including, but not limited to, monument sign, pole sign, (,ether than the
Exceptions described above) billboard, brick or masonry fences or walls or other structures that require a building permit.
However, Grantor shall be permitted to install and maintain a concrete, asphalt or gravel driveway, road or parking lot
across the Easement Property. Grantee shall be obligated to restore the surface of the Easement Property at Grantee's sole
cost and expense,including the restoration of(i)any parking areas,sidewalks,driveways,or similar surface improvements
located upon or adjacent to the Easement Property; and (ii) the Exceptions, which may have been removed, relocated,
altered, damaged, or destroyed as a result of the Grantee's use of the Easement Property granted hereund r. Provided,
however, that Grantee shall not be obligated to restore or replace irrigation systems or other improveme s installed in
violation of the provisions and intended use of this Easement Property.
TO HAVE AND TO HOLD the above-described Easement Property, together with all and singular the rights and
appurtenances thereto in anyway belonging unto Grantee, and Grantee's successors and assigns forever; and Grantor does
hereby bind itself and its successor and assigns to warrant and forever defend all and singular the easement!unto Grantee,
its successor and assigns,against every person whomsoever lawfully claiming or to claim the same,or any part thereof.
When the context requires,singular nouns and pronouns include the plural.
[SIGNATURES APPEAR ON THE FOLLOWING PAGES]
Pre-Annexation Agreement Between City of Fort Worth,Texas Page 12
and Vaquero Morris Dido Partners,LP
GRANTOR—Individual:
By:
[GRANTOR'S VESTING DEED NAME]
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF §
BEFORE ME,the undersigned authority,a Notary Public in and for the State of TEXAS,on this day personally appeared
[GRANTOR'S VESTING DEED NAME],known to me to be the same person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he/she/they executed the same for the purposes and consideration therein
expressed and,in the capacity,therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
20
Notary Public in and for the State of Texas
Pre-Annexation Agreement Between City of Fort Worth,Texas Page 13
and Vaquero Morris Dido Partners,LP
GRANTOR—Entity:
[ENTITY NAME]
a Texas limited partnership
By: [ENTITY NAME]
a Texas limited liability company
its General Partner
By: [ENTITY NAME],
a Texas limited liability company
its Manager
By:
[Authorized Representative]
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF §
BEFORE ME,the undersigned authority,a Notary Public in and for the State of TEXAS, on this day personally appeared
[Authorized Representative],known to me to be the same person whose name is subscribed to the foregoi�g instrument,
and acknowledged to me that the same was the act of[ENTITY NAME],the manager of[ENTITY NAM ],the general
partner of [ENTITY NAME], and that he/she executed the same as the act of said entities for the purposes and
consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
120
Notary Public in and forthe State of Texas
Pre-Annexation Agreement Between City of Fort Worth,Texas Page 14
and Vaquero Morris Dido Partners,LP
GRANTEE: CITY OF FORT WORTH
By:
Dalton Harrell
Development Services Director
APPROVED AS TO FORM AND LEGALITY:
By:
Thomas R. Hansen
Assistant City Attorney
CONTRACT COMPLIANCE MANAGER:
By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract,including
ensuring all performance and reporting requirements.
By:
Janie Scarlett Morales
Planning Manager
ACKNOWLEDGEMENT
THE STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME,the undersigned authority,a Notary Public in and for the State of TEXAS, on this day personally appeared
Dalton Harrell, Development Services Director of the CITY OF FORT WORTH,known to me to be the same person
whose name is subscribed to the foregoing instrument,and acknowledged to me that the same was the act of the CITY OF
FORT WORTH and that he executed the same for the purposes and consideration therein expressed and, in the capacity,
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 20
Notary Public in and for the State of TEXAS
Pre-Annexation Agreement Between City of Fort Worth,Texas Page 15
and Vaquero Morris Dido Partners,LP
Pre-Annexation Agreement Between City of Fort Worth,Texas Page 16
and Vaquero Morris Dido Partners,LP
7/27/22,9:05 AM M&C Review
Ci" _;:ot Cite Fri'V'or` Text;
CITY COUNCIL AGENDA FORT 11
Create New From This M&C
DATE: 6/28/2022 REFERENCE**M&C 22- LOG 06VAQUERO MORRIS DIDO PARTNERS,
NO.: 0488 NAME: LP., PRE-ANNEXATION AGREEMENT
CODE: L TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (Future CD 7) Authorize Execution of Pre-Annexation Agreement with Vaquero Morris
Dido Partners, LP for Approximately 1.5 Acres of Commercial Property Located in Fort
Worth's Extraterritorial Jurisdiction in Tarrant County
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a pre-
annexation agreement between the City and Vaquero Morris Dido Partners, LP for property located in
Fort Worth's extraterritorial jurisdiction in Tarrant County.
DISCUSSION:
Vaquero Morris Dido Partners, LP, (Owner) of a parcel of real property, a total of approximately 1.5
acres of land, as described in map Exhibit A, hereinafter called "the Property," located within Tarrant
County. The Property is located in the extraterritorial jurisdiction (ETJ) of the City. Though the
property is close to the City of Fort Worth it is not presently contiguous to the City limits. It is located
in the West Fork Addition, Tarrant County, Texas and is identified as 9820 Morris-Dido-Newark Road
(FM 1220). The Property is currently vacant land that is proposed to be developed for commercial
purposes as a discount retailer. The Property is located within the City's certificate of convenience
and necessity for water service. The Owner of the property has requested, and the City has agreed,
subject to the terms, conditions, and limitations set forth in the Pre-Annexation Agreement
(Agreement), that the City shall provide water service to the property. In consideration of the City
providing retail water service to the Property, the Owner will petition the City to annex the Property
pursuant to Subchapter C-3, Chapter 43 of the Texas Local Government Code upon such time as the
Property becomes contiguous to the City.
The parties have agreed that the Pre-Annexation Development Agreement constitutes a petition for
the voluntary annexation under the provisions of Subchapter C-3, Chapter 43 of the Texas Local
Government Code, and upon the request of the City, the Owner shall execute all applications and
documentation required by Texas law to petition for annexation. Annexation of the property is
consistent with the City's annexation policy criteria for urban development.
The Agreement is entered into pursuant to Chapter 43, Subchapter C-3 and 212.172 of the Texas
Local Government Code, in order to address the needs of the Owner and the procedures of the City.
The Agreement runs with the land and is binding upon the City and the Owner and Owner's
respective successors and assigns. The Agreement will be recorded in Tarrant County.
The property is located in the extraterritorial jurisdiction adjacent to COUNCIL DISTRICT 7.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that approval of this recommendation will have no material effect on
City funds.
apps.cfwnet.org/council_packet/mc_review.asp?ID=30041&councildate=6/28/2022 112
7/27/22,9:05 AM M&C Review
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
Submitted for City Manager's Office by. Dana Burghdoff(8018)
Originating Department Head: D.J. Harrell (8032)
Additional Information Contact: Stuart Campbell (2412)
ATTACHMENTS
Ex. A to pre-annexation agreement.pdf (Public)
Signed 1295 form.pdf (CFW Internal)
apps.cfwnet.org/council_packet/mc_review.asp?ID=30041&councildate=6/28/2022 212