HomeMy WebLinkAboutContract 54976 l
CITY SECRETARY f
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PRE-ANNEXATION AGREEMENT
BETWEEN THE CITY OF FORT'NORTH,TEXAS
4 ' AND JPMORGAN CHASE BANK,N.A.,TRUSTEE, JOHN HENRY DEAN III
REVOCABLE MANAGEMENT TRUST,AMENDED AND RESTATED
THI§PRE-ANNENATION AGREEMENT ( "Agreement") is made and entered into
this -t ay of o tom, 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 JPMORGAN CHASE BANK, N.A., Trustee, John
Henry Dean III Revocable Management Trust, Amended and Restated, acting by and
through its duly authorized agent Adrean M, Boyd("Ownei"),
RECITALS
The parties agree that the following recitals are true and correct and foryn the
basis upon which the parties have entered into this Agreement.
WHEREAS, the Owner owns certain parcels of land situated in Parker County,
Texas, which consists of approximately one hundred eighty seven and 73/100ths (187.73)
acres of land in the City's extraterritorial jurisdiction, such property being more particularly
described as the Dean Business Centre North 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 Packer 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 0.53 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
IL
Pre-Annexation Owncr-Initintcd Annexation Water Service Agreement I of8
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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
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 anmexation and execution of this Agreement are subject to approval by
the Fort Worth City Council;
NOW THERE,FORE, 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.
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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 October 1, 2020 which will have the capacity for and
Grantee shall deliver up to a max day demand of 0,53 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,
S. AUTHORITY. The City and the Owner represent that they have full power, authority
and legal light 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 party to insist upon the performance of any tern 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,
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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
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 JPMorgan Chase Bank,N.A.Trustee,
John Henry Dean III Revocable
Management Trust,Amended and
Restated
Approved as to Form and Legality:
Christa R Lo en s_R�,molds
By:
Assistant City Attorney dir hen D. l�idt
reside Ia Trust Officer
BY:
Dana Burghdoff
Assistant City Manager
Attest:
a y Kayser, City Secr tar ., ..
Approvals:
M&C
Ordinance No.
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State of Texas §
County of Tarrant §
This instrument was acknowledged before me on theleday of ���2020,
by Dana Burghdoff, Assistant City Manager of the City of Fort Worth, a Texas municipal
corporation, on behalf of said corporation.
LL
rE_ 1,
SELENA ALANotary Public, State ofTexas
ary public, state of Texasmm. Expires 03-31-2024
Notary ID 13242252$
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on the clay of September, 2020, by Gretchen
D. Schmidt, Vice President and Trust Officer of JPMorgan Chase Bank,NA., Trustee, John Henry Dean
III Revocable Management'Trust,Amended and Restated, on behalf of said Trust.
[Seal]
011"W"k,
Notary Pu li , tate of TexaKELLY PHILLIPS
Notary ID#129884856
My Commission Expires
July 15, 2022
After Recording Return to;
City Secretary
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
3173.07000/471077
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GRAPHIC SCALE V=600' I I
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BEGGS RANCH
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BEGGS RANCH
JOHN HENRY DEAN III
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187.7 ACRES
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FORT WORTH E.T.J.
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INTERSTATE 20 (U.S. ��HwAY 80)
JOHN HENRY DEAN III
Barron-Stark•Swift PROJECT No. 191-8025
Consulting F.ngi—
� EXHIBIT A ��� SEPT 2020
6221 Southwest Boulevard,Suite 100 SHEET
Fort Worth, Texas 16132
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: 09/22/20 M&C FILE NUMBER: M&C 20-0681
LOG NAME: 06DEVELOPMENT AGREEMENT FOR DEAN RANCH
SUBJECT
(ETJ, Future CD 3)Authorize Execution of a Pre-Annexation Development Agreement with Dean Ranch, 187.73 Acres at Northwest Corner of FM
3325 and Interstate 20(US Highway 80),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
Dean Ranch property owner in unincorporated Parker County.
DISCUSSION:
JPMorgan Chase Bank, N.A.,as Trustee of the John Henry Dean III Revocable Management Trust,Amended and Restated("Owner")represents a
parcel of real property, a total of approximately 187.73 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 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 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.Annexation of the Property will not occur as long as the use
of the Proeprty remains agricultural.
The City is coordinating with the City of Hudson Oaks and the City of Willow Park 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 line easement consists of a 25-foot wide strip of land consisting of 1.619 acres, as well as a 20-foot wide temporary
construction easement.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 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 their
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 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