HomeMy WebLinkAboutContract 54975 (2) �0 CITY SECRETARY
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N�;A �w� PRE-ANNEXATION AGREEMENT
BETWEEN
THE
AND BOSWELLOINTERESTSF FORT WORTH,TEXAS
,LTD.
THIS PRE-ANNEXATION AGREEMENT ( "Agreement") is made and entered into
this day of Ck be✓ , 2020, ("Effective Date") by and between the City of Fort
Worth, a home rule municipal corporation located in the State of Texas ("City"), and situated in
portions of Tarrant, Denton, Johnson, Parker, and Wise Counties, acting by and through its duly
authorized Assistant City Manager, and Boswell Interests, Ltd., a Texas limited partnership
("Owner"),
RECITALS
The parties agree that the following recitals are true and correct and form the basis
upon which the parties have entered into this Agreement.
WHEREAS, the Owner owns a certain parcel of land situated in Parker County,
Texas, which consists of approximately 469.6 acres of land in the City's extraterritorial
jurisdiction, such property being more particularly described as the Boswell Ranch as set
forth in Exhibit A attached and incorporated herein by reference ("Property"); and
WHEREAS,although the Property is located within the City's extraterritorial jurisdiction
it is not presently contiguous to the City; and
WHEREAS,the City plans to construct a water line for the purpose of providing wholesale
and retail water-service to certain parts of Parker County and the Owner has executed a Water
Facility Easement across the Property for this purpose; and
WHEREAS,the Owner has no present need for water service and no intent to develop the
Property currently being used exclusively for grazing; and
WHEREAS, the Owner expects to market the Property to prospective developers at some
time in the future which developers will have demand for water service; and
WHEREAS, pursuant to the 7 Ranches Study performed to analyze the anticipated future
water needs of the Property and other lands in the vicinity the City has agreed to provide sufficient
capacity in the water line to provide a max day demand of 1.14 million gallons of water to the
Property; and
WHEREAS, the Owner of the Property acknowledges that before water services will be
provided 1) all property to receive water services must be within the corporate limits of the City
or 2)the Owner or its successor must agree to be annexed into the corporate limits of the City; and
WHEREAS, Section 43.0671 of the Texas Local Government Code ("TLGC") permits
the City to annex an area if each owner of land in an area requests the annexation; and
C
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WHEREAS,the Owner has agreed to submit a petition to annex the Property into the City
pursuant to Subchapter C-3, Chapter 43 of the TLGC; and
WHEREAS,the parties acknowledge that this Agreement sets out the terms and conditions
for the voluntary annexation of the Property by the City, including the execution of all applications,
service agreements and documentation by the Owner as required by Texas law; and
WHEREAS, the Owner has agreed to consent to the expansion of the City's Certificate of
Convenience and Necessity for the purpose of allowing the City to provide water service to the
Property; and
WHEREAS, the annexation and execution of this Agreement are subject to approval by
the Fort Worth City Council;
NOW THEREFORE, in consideration of the mutual covenants, conditions and
promises contained herein,the City and the Owner agree as follows:
1. PROPERTY. This Agreement is only applicable to the Property, which is more
particularly described and set forth in Exhibit"A".
2. INTENT. It is the intent of the City and the Owner that this Agreement to be annexed
shall allow for the provision of water services to the Property in accordance with the
City's Installation Policy and Design Criteria for Water, Wastewater, and Reclaimed
Water Infrastructure, Chapter 43 of the TLGC, and state law. The Petition Requesting
Annexation shall be on the form attached hereto as Exhibit "B" and made a part hereof.
No further consent of the Owner shall be required for the City to annex the Property once
the Petition is submitted; however, the City and the Owner agree that annexation of the
Property shall not occur as long as the use of the Property remains agricultural. Upon
filing of a preliminary plat with the City for the development of the Property for any use
other than agricultural, the Owner or its successors shall execute all applications, service
agreements and documentation required by Texas law for purposes of allowing
annexation and the provision of water service.
3. WATER SERVICES. Upon execution of the Petition Requesting Annexation, the City
will provide 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. The Owner
will be responsible for all costs for the establishment and/or improvement of public service
delivery systems to the Property in accordance with such policies and regulations and any
other applicable law, including water main capacity charges, impact fees, tap fees, and
other City infrastructure extension policies and developer or property owner participation
in accordance with applicable city ordinances,rules,regulations, and policies. In addition,
the Owner shall comply with all study approval requirements, platting requirements, and
construction plan approval processes of the City.
4. DELIVERY. The City guarantees unto the Owner and its successors in interest water
service off the pipeline to be constructed within the Water Facility Easement granted by
Owner to the City and dated which will have the capacity for and
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Grantee shall deliver up to a max day demand of 1.14 million gallons of water as necessary
to meet demand from the owners of the Property or any part thereof during the term of said
easement as the Property is developed, with said water delivery to continue after full
development of the Property.
5. AUTHORITY. The City and the Owner represent that they have full power,authority and
legal right to execute, deliver and perform their obligations pursuant to this Agreement.
The 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.
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
this Agreement.
7. INTERPRETATION. The parties to this Agreement covenant and agree that in any
litigation relating to this Agreement, the terms and conditions of the Agreement will be
interpreted according to the laws of the State of Texas. The parties acknowledge that they
are of equal bargaining power and that each of them was represented by legal counsel in
the negotiation and drafting of this Agreement.
8. GOVERNING LAW AND VENUE. Venue shall be in the state courts located in Tarrant
County, Texas or the United States District Court for the Northern District of Texas, Fort
Worth Division and construed in conformity with the provisions of Texas Local
Government Code Chapter 43.
9. NO WAIVER. The failure of either 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 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 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
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assigns. The terms of this Agreement constitute covenants running with the land
comprising the Property and are binding on the City and Owner and their respective
successors.
14. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the
parties and supersedes all prior oral and written agreements between said parties with
respect to the subject matter herein. This Agreement shall not be amended unless executed
in writing by both parties.
Executed as of the Effective Date.
CITY OF FORT WORTH BOSWELL INTERESTS, LTD.,
a Texas limited partnership
Approved as to Form and Legality: By: Fleur De Lis, LLC, a Texas limited
���� liability pang Gen ral Part
Cnnsta R.Lopez-Reynolds(Nov 19, 20 1? ZSTI
Assistant City Attorney By:
John fBoswell
President
Naha Xwh,g#
By: Dana Burghduff jNo—V20,202 1(
Dana Burghdoff
Assistant City Manager
Attest:
yam` r9.
ary Kayser,City Secreta
Approvals:
M&C T�aQ
Ordinance No. —
01
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STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on the,Z31 day of 1���2020,
by Dana Burghdoff, Assistant City Manager of the City of Fort Worth, a Texas municipal
corporation, on behalf of said corporation.
SELENA ALA
Notary Public, State of Texas
Comm. Expires 03-31-2024 Notary Pub ic, State o Texas
'74;0;,;`� Notary ID 132422528
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME,the undersigned authority,on this day personally appeared John P.Boswell,
known to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same for the purposes and consideration therein
expressed, in his capacity as President of Fleur De Lis, LLC, General Partner of Boswell Interests,
Ltd.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this � day of
2020.
[Seal] .��--
,o�Pd Pu'm WILLIAM MATTHEWS PENNYJR, otary Public, State of Texas
�; Notary Public
*� * STATE OF TEXAS
+,a Notary ID#1239071.7
My Comm,Exp.8eptemWr g7,3glli
After Recording Return to:
City Secretary
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
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/NTERST
3
Barron•Stark•Swift PROJECT No. 191-8025
co -g EXHIBIT A
ttg.� DATE: SEPT 2020
SHEET
6221 Southwest Boulevard,Suite 100
Fort Worth, Texas 76132
O)817.231.8100 (F)817.231.8144
etas Registered Engineering Firm F-10998
t'arronstark.com
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 10/20/20 M&C FILE NUMBER: M&C 20-0739
LOG NAME: 06DEVELOPMENT AGREEMENT FOR BOSWELL CRESTVIEW RANCH
SUBJECT
(ETJ, Future CD 3)Authorize Execution of a Pre-Annexation Development Agreement with Boswell Crestview Ranch,469.6 Acres North of
Interstate 20 (US Highway 80)and West of FM 3325,for Property Located in Fort Worth's Extraterritorial Jurisdiction
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a pre-annexation development agreement between the City and
Boswell Crestview Ranch property owner in unincorporated Parker County.
DISCUSSION:
Boswell Interests, LTD("Owner") represents a parcel of real property, a total of approximately 469.6 acres of land, as described in map Exhibit A,
hereinafter called"the Property", located within Parker County.The Property is located in the extraterritorial jurisdiction"ETJ"of the City.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
Development Agreement("Agreement")that the City shall provide water service to the property. In consideration of the City providing 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
when the property becomes contiguous to Fort Worth City Limits.
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 required by Texas law.
The City plans to construct a water line for the purpose of providing wholesale and retail water service to certain parts of Parker County and the
Owner will execute a Water Facility Easement across the Property for this purpose. The water lines easement consists of a 30-foot wide strip of
land consisting of 2.212 acres, as well as a 15-foot wide temporary construction easement.The City has been working with the Cities of Willow
Park and Hudson Oaks.The Owner has no present need for water service, but expects to market the Property to prospective developers at some
time in the future which developers will have demand for water services. The property is designated for a mix of commercial, multifamily and single
family uses. The pre-annexation agreement does not obligate the City to annex the property and any time. City staff will perform a fiscal impact
analysis prior to considering annexation in the future.
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 successor and assigns.The Agreement will be recorded in Parker County.
The property is located in the extraterritorial jurisdiction adjacent to COUNCIL DISTRICT 3.
A Form 1295 is not required because:This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION/CERTIFICATION:
The Director of FiThe Director of Finance certifies that this action will have no material effect on City funds.
Submitted for City Manager's Office by: Dana Burghdoff 8018
Originating Business Unit Head: D.J. Harrell 8032
Additional Information Contact: Mary Elliott 7844