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HomeMy WebLinkAboutContract 62116CSC No. 62116 MUNICIPAL SERVICES AGREEMENT BETWEEN THE CITY OF FORT WORTH, TEXAS AND TRT LAND INVESTORS, LLC and PMB VEALE LAND INVESTORS 1 LP This Municipal Services Agreement ("Agreement") is entered into on 17th day of September 2024 by and between the City of Fort Worth, Texas, a home -rule municipality of the State of Texas, ("City") and TRT LAND INVESTORS, LLC and PMB VEALE LAND INVESTORS 1 LP ("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 261.17 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-24-009 ("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 OFFICIAL RECORD Owner -Initiated Annexation Service Agreement CITY SECRETARY 1 of 14 FT. WORTH, TX 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. 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. Emeraencv 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 Publiclv 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 Utilitv 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. Owner -Initiated Annexation Service Agreement 2 of 14 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 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 Owner -Initiated Annexation Service Agreement 3 of 14 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 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. 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 B a` a�0' y: Dana Burghdoff (Oct 2, 02417 DT) Name: Dana Bur2hdoff Title: Assistant City Manager Approved as to Form and Legality: Name: Melinda Ramos Title: Deputy City Attorney do400ab �4F pORT �00 0 ° 0dd Attest:o9�°a duo o=° �an-n� h � OOa� nezp54tib �1 Name: Jannette Goodall Title: City Secretary DereK Bull Derek Hull (Sep 19, 202412:55 CDT) Name: Derek R. Hull Title: Contract Manager Approvals: M&C: 24-0827 Ordinance No.27180-09-2024 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 2 n d day of October by Dana Bur2hdoff, Assistant City Manager of the City of Fort Worth, a Texas municipal corporation, on behalf of said corporation. By: 2 a7 Notary Public, State of Texas PMB VEALE LAND INVESTORS 1 LP By: rm-2e— o"0.vP�a, TIFFANY BACON _ p � Notary Public N b[7 ' STATE OF TEXAS y G�� P Notary I.D. 128261860 FOF My Comm. Exp. Jan. 20, 2027 ,20 24 Name: K. Taylor Baird, as Manager of PMB Velae Land Investors 1 GP LLC, as General Partner of PMB Veale Land Investors 1 LP Title: Manager State of �, _�� § County of § This instrument was acknowledged before me on the a5 day of , 20ay by K. Taylor Baird, Manager, on behalf of PMB VEALELANDINVESTORS 1 LP. Notary Public, State of <�q ?6'Jo Owner -Initiated Annexation Service Agreement 6 of 14 TRT LAND INVESTORS, LLC yam, ,i�P Name: K. Taylor Baird, as Manager of PMB Veale Land Investors 1 GP LLC, as Property Mana1?er of TRT Land Investors LLC Title: Manager State of § County of ta!Q� § This instrument was acknowledged before me on the day of ' 20 a;j by K. Taylor Baird, Manager, on behalf of TRTLANDINVESTOR&I-LC By: c �a� Q- 6 Notary Public, State of � 1�&L o i 'PRY P61.. :p F O F 0-.'b 2 � Owner -Initiated Annexation Service Agreement 7 of 14 Owner -Initiated Annexation Service Agreement 8 of 14 EXHIBIT A GO. O N, SU c- N°. 613 TRT LAND INVESTORS, LLC S.F. CO. SURVEY �StR Qt C.C,# D221245221 ABSTRACT No. 1844 Q O.P.R.T.C.T. N89'27'37"E 367414 ' C6 4 m GO' ss, y APPROXIMATE SURVEY UNE I 589'z6'43"W 26C7.72' SEE P• S PGA `r `POINT OF -JJ g DETAIL 1 BEGINNIN SHEET 6 Y S1jRp `I 1 "IRO O ©- D• ��RpCi H° 19 b 7 G DEED LINE UA" I LINE BEARING DISTANCE I 01179.42 L1 S60'58'38"W 1365.46' I 261.1158 ACRES n 0 L2 N29'01'22"W 405.05' I (11,376,498 SQ. FT.) 1n L3 N26'56'44" 59.08' 1 1 L4 N22'51:04"�/ 57.38' 1 APPROXIMATE _ I L5 N18*4858"W 57.38' I 2�u SURVEY LINE I L6 N14-46'52"V/ 57.38' I O \ecn L7 N08'20'06"W 62.93'PMB VEALE LAND I LB S81.39'54"W 42.54' I w 4 INVESTORS 1 LP N I L9 S78'00'05"W 181.60, c in 1 I LID SII*59'55"E 5.1 C.C.# D221245180 O.P.R.T.C.T. GOI L11 178'00'OS"W 639.70' " o r SEE �i y I L12 N7437'40"W 64.26' I L13 N66'38'16"��// 70.32' DETAIL 3SHEET 6 � qo �90� I L14 N35'20'03"y/ 112.26' �• SJR N°' I L15 N11'59'55"��yV 319.43' Lib N10'06'12'��% 78.07' y9s I L17 NOS'24'41'W 79.09' i t 1 L18 N00'39'54'W 79.09' SEE DETAIL 2 1 L19 N04'04'53"E 79.09' L - SHEET 6 I L2N08'49'40"E 79.09' 1.� � 1 I L21 N 13'34'27"E 79.09' L �� I L22 N18*19'15"E 216.60' APPROXIMATE Q I L23 N12'05'12"W 186.43' SURVEY LINE I L24 N11'14'46"E 434.46' I L25 N21'38'19'E 426.24' J��1F 6� I L26 N00'32'23'W 655.94' \)o• �9 286.93'38 W I L27 S62'03'01"E 477.21' G GS I L28 N83'43'08:� 24.55' RR•S�(>1 I L29 S06'36'03"W 74.86' *8 I L30 N62'03'01 "W 309.33' I L31 S27'56'59"W 10.00' I L32 S00'32'23"E 166.48' I CURVE CENTRAL ANGLE RADIUS CHORD BEARING CHORD LENGTH ARC LENGTH Cl 7*33'08' 3775.00' S43'59'24"W 497.22' 497.58' C2 35'02'09" 3615.00, N28'45'50'E 2176.26' 2210.54' C3 10'23'33' 2085.00' N16'26'32'E 377.67' 378.19' I C4 22'10'42" 715.00' N10'32'58"E 275.04' 276.77' I CS 3'03'37" 1140.00' N8755'49"E 60.88' 60.89, I C6 28'29'22' 610.00' S76'17'42"E 300.20' 303.31' I C7 21'43'50" 82.99' N89'22'39"W 31.29' 31.48' I C8 43'09'18" 91.99, S79'54'37"W 67.66' 69.29' I C9 3T56'54" 82.99, S7T18'25'W 53.97' 54,97' I C10 7732'30' 50.00' S23'16'45"E 62.62' 67.67' LEGEND 5/8' CAPPED IRON ROD STAMPED 'L,IA SURVEYING" FOUND UNLESS OTHERWISE NOTED O.PAT.C.T. OFFICIAL ►UREIC RECORDS, TARRANT COUNTY, TEXAS P.R.T.C.T. PLAT RECORDS. TARRANT COUNTY, TEXAS C.C.f COUNTY CLERK FILE NO. 1000 D 1000 RAImO O/ KA INGS 0 OW NORMS. YOU UM FLAIL OOMKM ZrJ= Of IMI FORTH CENTRA1. DDNE_ QIAOC7 (2011) CPOCTI 10101 AS OOOY� /► WS 085MATIMM ALL OISTANCL7 SHOWN ARC TFR Q illi APFUCATNR/ 6F A 001a 7CAW ►ACM OF IAML 1 INCH = 1000 FT. (DATE "5/2024 I EXHIBIT "A" /J�JQ PAGE 5 DRWN BY: SAT. 261.168-ACRE TRACT LJARy J✓� IN THE D.T. FINLEY SURVEY, ABSTRACT NO. ISDO, G.H. ■ H. RL CO. 3DI 711 Pb= GMT D= L/•�• CHKD BY: ACB. RVEY, ABSFRAR ND. FiiI, SF. CO. fUI1VEY, ABSTRACT NO. It", S b 3O i OF 6 0`K NO. A I xD THE SA A N+.O. RR. CO. SURVEY, ABSTRACT N0S. 1479 A 190 Fort Vkd%TmF 75107 THPELS Rm No 10i M PROTARRANT COUNTY, TEXAS Owner -Initiated Annexation Service Agreement 9 of 14 EXHIBIT A (continued) DETAIL 1 (NOT TO SCALE) o o o <.t of 0 C8 C7 Cq 4 o L--y--U---1—/J DETAIL 3 (NOT TO SCALE) N1 DETAIL 2 (NOT TO SCALE) o t— PROPERTY OWNERSHIP TABLE TRT LAND INVESTORS, LLC 1O C.C.# D221245221 O.P.R.T.C.T. PMB VEALE O LAND INVESTORS I LP C.C.$ 0221245180 O.P.R.T.C.T TRT LAND INVESTORS, LLC O3 C.C.# D221245220 O.P.R.T.C.T. VEALE RANCH PARKWAY O (110CWIDE RIGHT-OF-WAY) .C.# D217021025 P.R.T.C.T. VENTANA, PHASE 1 O C.C.# D217078339 P.R.T.C.T. VENTANA, PHASE 2 © C.C.# D218280750 P.R.T.C.T. VENTANA, PHASE 3A-1 O C.C.# 0219221531 P.R.T.C.T. VENTANA, PHASE 3A-2 © C.C.# 02220128361 P.R.T.C.T. VENTANA, PHASE 3B 09 C.C.# D221278153 P.R.T.C.T. VENTANA, PHASE 4 00 C.C.# D220185039 P.R.T.C.T. VENTANA, PHASE 5A 11 C.C.# D221230758 C.C.# D221277917 P.R.T.C.T. VENTANA, PHASE 5B © C.C.# D2222149165 P.R.T.C.T. P I I PMB VENTANA ® DEVELOPER SOUTH LLC C.C.# D221026481 O.P.R.T.C.T. P DATE: 06MS/2024 EXHIBIT "A" �J 'a PAGE 6 IDRWN BY: SAT. 261.168-ACRE TRACT LJ'A )�+ta Inc.t,.._ BY: AC.S.�l..-ED-II.L-St)RVEYALSMCrNO.1900,G.H.&H.ALCO. RVEY, ABSTRACT NO.623, S.F. CO. SURVEY, ABSTRACT NO.194/, �17 PIDxn 5n.OEDDOFCCHKD &913W V PROD NO. 0171 I ND THE SA. A M.G. RR. CO. SURVEY, ABSTRACT NOS. 14" A 190 TARRANT COUNTY, TM'M FW Vft%Tvm 75107 TAP.EIS F= Nm 10ik= Owner -Initiated Annexation Service Agreement 10 of 14 EXHIBIT "A" 261.168 ACRES BEING A 261.168-ACRE TRACT OF LAND SITUATED IN THE G.H. & H. RR. CO. SURVEY, ABSTRACT NO.623, S.F. CO. SURVEY, ABSTRACT NO. 1844, D. T. FINLEY SURVEY, ABSTRACT NO. 1900 AND THE S.A. & M.G. RR. CO. SURVEYS, ABSTRACT NO. 1479 AND 1903, TARRANT COUNTY, TEXAS, AND BEING A PORTION OF THOSE TRACTS OF LAND DESCRIBED TO TRT LAND INVESTORS, LLC BY DEEDS RECORDED IN COUNTY CLERKS FILE NO. D221245220 AND COUNTY CLERK FILE NO. D221245221, OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS, AND A PORTION OF THAT TRACT OF LAND DESCRIBED TO PMB VEALE LAND INVESTORS 1 LP BY DEED RECORDED IN COUNTY CLERK FILE NO. D221245180 OF SAID OFFICIAL PUBLIC RECORDS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 1-INCH IRON ROD FOUND FOR A REENTRANTCORNER OF SAIDTRT LAND INVESTORS TRACT AND BEING THE NORTHWEST CORNER OF VENTANA, PHASE 3B, AN ADDITION TO THE CITY OF FORT WORTH, TARRANTCOUNTY, TEXAS AS SHOWN BY PLAT RECORDED IN COUNTY CLERK FILE NO. D221278153, PLAT RECORDS OF TARRANT COUNTY TEXAS; THENCE SOUTH 00°32'23" EAST, WITH THE EAST LINE OF SAID TRT LAND INVESTORS TRACT, PASSING A 5/8-INCH CAPPED IRON ROD STAMPED "UA SURVEYING" FOUND FOR THE EAST COMMON CORNER OF SAME TRACT AND SAID PMB VEALE LAND INVESTORSTRACTAT 1179.42 FEET AND CONTINUING WITH THE EAST LINE OF SAID PMB VEALE LAND INVESTORSTRACT FOR A TOTAL DISTANCE OF 4287.93 FEET TO A 5/8-INCH CAPPED IRON ROD STAMPED " UA SURVEYING" FOUND FOR THE SOUTHEAST CORNER OF SAME TRACT; THENCE SOUTH 60°58'38" WEST, WITH THE SOUTH LINE OF SAID PMB VEALE LAND INVESTORS TRACT, A DISTANCE OF 1365.46 FEET, FROM WHICH A 5/8-INCH CAPPED IRON ROD STAMPED "UA SURVEYING" FOUND FORTHE SOUTHERNMOST CORNER OF SAMETRACT BEARS SOUTH 60°58'38" WEST, A DISTANCE OF 286.93 FEET; THENCE OVER AND ACROSS SAID PMB VEALE LAND INVESTORS TRACT, THE FOLLOWING COURSES AND DISTANCES: NORTH 29'01'22" WEST, A DISTANCE OF 405.05 FEET; NORTH 26°56'44" WEST, A DISTANCE OF 59.08 FEET, NORTH 22°51'04" WEST, A DISTANCE OF 57.38 FEET; NORTH 18"48'58" WEST, A DISTANCE OF 57.38 FEET, NORTH 14"46'52" WEST, A DISTANCE OF 57.38 FEET; NORTH 08*20'06" WEST, A DISTANCE OF 62.93 FEET; SOUTH 81°39'54" WEST, A DISTANCE OF 42.54 FEET; SOUTH 78'00'05" WEST, A DISTANCE OF 181.60 FEET, SOUTH 11'59'55" EAST, A DISTANCE OF 5.00 FEET; SOUTH 78'00'05" WEST, A DISTANCE OF 639.70 FEET; NORTH 74°37'40" WEST, A DISTANCE OF 64.26 FEET; NORTH 66°38'16" WEST, A DISTANCE OF 70.32 FEET; NORTH 35°20'03" WEST, A DISTANCE OF 112.26 FEET; S:\NTX-LAND\0171\200SURVEY\230 Legal Descriptions\0171EX19.docx Page 1 of 6 Owner -Initiated Annexation Service Agreement 11 of 14 EXHIBIT "A" 261.168 ACRES NORTH 11'59'55" WEST, A DISTANCE OF 319.43 FEET; NORTH 10°06'12" WEST, A DISTANCE OF 78.07 FEET; NORTH 05'24'41" WEST, A DISTANCE OF 79.09 FEET; NORTH 00°39'54" WEST, A DISTANCE OF 79.09 FEET; NORTH 04'04'53" EAST, A DISTANCE OF 79.09 FEET; NORTH 08°49'40" EAST, A DISTANCE OF 79.09 FEET; NORTH 13°34'27" EAST, A DISTANCE OF 79.09 FEET, NORTH 18°19'15" EAST, A DISTANCE OF 216.60 FEET TO THE BEGINNING OF A NON -TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 3775.00 FEET AND A CHORD THAT BEARS SOUTH 43°59'24" WEST, 497.22 FEET; WITH SAID CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 7°33'08", AN ARC -DISTANCE OF 497.58 FEETTO A POINT ON THE WESTERLY LINE OF SAID PMB VEALE LAND INVESTORS TRACT FROM WHICH A 5/8-INCH CAPPED IRON ROD STAMPED -ILIA SURVEYING" FOUND FOR THE SOUTHWEST CORNER OF SAME TRACT BEARS SOUTH 12'05'12" EAST, A DISTANCE OF 754.13 FEET; THENCE NORTH 12°05'12" WEST, WITH SAID WESTERLY LINE, A DISTANCE OF 186.43 FEETTO THE BEGINNING OF A NON -TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 3615.00 FEET AND ACHORD THAT BEARS NORTH 28°45'50" EAST, 2176.26 FEET, FROM WHICH A 5/8-INCH CAPPED IRON ROD STAMPED "UASURVEYING" FOUND FOR THE WESTERNMOST CORNER OF SAID PMB VEALE LAND INVESTORS TRACT BEARS NORTH 12'05'12" WEST, A DISTANCE OF 131.74 FEET; THENCE OVER AND ACROSS SAID PMB VEALE LAND INVESTORS TRACT AND SAID TRT LAND INVESTORS TRACTS, THE FOLLOWING COURSES AND DISTANCES: WITH SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 35°02'09", AN ARC -DISTANCE OF 2210.54 FEET; NORTH 11"14'46" EAST, A DISTANCE OF 434.46 FEETTO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 2085.00 FEET AND A CHORD THAT BEARS NORTH 16'26'32" EAST, 377.67 FEET; WITH SAID CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 10°23'33", AN ARC - DISTANCE OF 378.19 FEET; NORTH 21"38'19" EAST, A DISTANCE OF 426.24 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 715.00 FEETAND A CHORD THAT BEARS NORTH 10°32'58" EAST, 275.04 FEET; WITH SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 22-10'42", AN ARC -DISTANCE OF 276.77 FEET, NORTH 00°32'23" WEST, A DISTANCE OF 655.94 FEET TO THE BEGINNING OF A NON -TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 1140.00 FEET AND A CHORD THAT BEARS NORTH 87°55'49" EAST, 60.88 FEET; S:\NTX-LAND\0171\200SURVEY\230 Legal Descriptions\0171EX19.docx Page 2 of 6 Owner -Initiated Annexation Service Agreement 12 of 14 EXHIBIT "A" 261.168 ACRES WITH SAID CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 3°03'37", AN ARC -DISTANCE OF 60.89 FEET; NORTH 89°27'37" EAST, A DISTANCE OF 3674.42 FEETTO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 610.00 FEET AND A CHORD THAT BEARS SOUTH 76°17'42" EAST, 300.20 FEET; WITH SAID CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 28°29'22", AN ARC - DISTANCE OF 303.31 FEET; SOUTH 62°03'01" EAST, A DISTANCE OF 477.21 FEET TO A POINT ON THE NORTHERLY RIGHT-OF- WAY LINE OF VEALE RANCH PARKWAY (A 110-FOOT WIDE RIGHT-OF-WAY) AS SHOWN BY PLAT RECORDED IN COUNTY CLERK FILE NO. D217021025 OF SAID PLAT RECORDS AND THE BEGINNING OF A NON -TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 82.99 FEET AND A CHORD THAT BEARS NORTH 89°22'39" WEST, 31.29 FEET; THENCE WITH SAID NORTHERLY RIGHT-OF-WAY LINE, THE FOLLOWING COURSES AND DISTANCES: WITH SAID CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 21°43'50", AN ARC - DISTANCE OF 31.48 FEET TO THE BEGINNING OF A REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 91.99 FEET AND A CHORD THAT BEARS SOUTH 79°54'37" WEST, 67.66 FEET; WITH SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 43°09'18", AN ARC -DISTANCE OF 69.29 FEET TO THE BEGINNING OF A REVERSE CURVE TO THE RIGHT HAVING A RADIUS OF 82.99 FEET AND A CHORD THAT BEARS SOUTH 77°18'25" WEST, 53.97 FEET; WITH SAID CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 37°56'54", AN ARC - DISTANCE OF 54.97 FEET; NORTH 83"43'08" WEST, A DISTANCE OF 24.55 FEET; SOUTH 06'36'03" WEST, A DISTANCE OF 74.86 FEET; THENCE DEPARTING SAID NORTHERLY RIGHT-OF-WAY LINE, OVER AND ACROSS SAID TRT LAND INVESTORS TRACT, THE FOLLOWING COURSES AND DISTANCES: NORTH 62°03'01" WEST, A DISTANCE OF 309.33 FEET; SOUTH 27°56'59" WEST, A DISTANCE OF 10.00 FEET TO THE BEGINNING OF A NON -TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 50.00 FEET AND A CHORD THAT BEARS SOUTH 23'16'45" EAST, 62.62 FEET; WITH SAID CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 77°32'30", AN ARC - DISTANCE OF 67.67 FEET; SOUTH 00°32'23" EAST, A DISTANCE OF 166.48 FEETTO THE SOUTHERLY LINE OF SAID TRT LAND INVESTORS TRACT; THENCE SOUTH 89°26'43" WEST, WITH SAID SOUTHERLY LINE, A DISTANCE OF 2607.72 FEETTO THE POINT OF BEGINNING AND CONTAINING A CALCULATED AREA 261.168 ACRES (11,376,498 SQUARE FEET) OF LAND. S:\NTX-LAND\0171\200SURVEY\230 Legal Descriptions\0171EX19.docx Page 3 of 6 Owner -Initiated Annexation Service Agreement 13 of 14 EXHIBIT "A" 261.168 ACRES THIS DOCUMENT WAS PREPARED UNDER 22 TEXAS ADMINISTRATIVE CODE §138.95, DOES NOT REFLECT THE RESULTS OFANON THE GROUND SURVEY, AND IS NOT TO BE USED TO CONVEYOR ESTABLISH TBPELS ACTS AND RULES PAGE 97 OF 109 UPDATED APRIL 1, 2021 INTERESTS IN REAL PROPERTY EXCEPT THOSE RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BYTHE CREATION OR RECONFIGURATION OF THE BOUNDARY OFTHE POLITICAL SUBDIVISION FOR WHICH IT WAS PREPARED. PRELIMINARY, THIS DOCUMENTSHALL NOT BE RECORDED FOR ANY PURPOSE AND SHALL NOT BE USED, VIEWED OR RELIED UPON AS A FINALSURVEY DOCUMENT. Aaron C. Brown, R.P.L.S. June 5, 2024 Registered Professional Land Surveyor Texas Registration No. 6702 LJA Surveying, Inc. 3017 West 7v' Street, Suite 300 Fort Worth, Texas 76107 682-747-0800 TBPELS Firm No. 10194382 S:\NTX-LAND\0171\200SURVEY\230 Legal Descriptions\0171EX19.docx Page 4 of 6 Owner -Initiated Annexation Service Agreement 14 of 14 City of Fort Worth, Texas Mayor and Council Communication DATE: 09/17/24 M&C FILE NUMBER: M&C 24-0827 LOG NAME: 06AX-24-009 VENTANA WEST — 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 261.17 Acres of Land in Tarrant County, Known as the Ventana West, Located South of the Aledo Road and Northwest of Benbrook Highway, in the Far Southwest Planning Sector, AX-24-009 (PUBLIC HEARING - a. Report of City Staff: Derek Hull; 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 261.17 acres of land in Tarrant County, known as Ventana West, located south of Aledo Road and northwest of the Benbrook Highway, as shown on Exhibit A; 2. Authorize execution of municipal services agreement between the City of Fort Worth and property owners, TRT Land Investors, LLC., and PMB Veale Land Investors 1 GP LLC.; and 3. Adopt ordinance annexing AX-24-009 for full purposes. DISCUSSION: On June 4, 2024, representatives for the property owners, TRT Land Investors, LLC., and PMB Veale Land Investors 1 GP LLC (Collectively the "Owners"). The subject property is located entirely in that portion of the City's extraterritorial jurisdiction which is in Tarrant County and situated within Veale Ranch. Veale Ranch is subject to a development agreement approved by the City Council on December 13, 2022, (Mayor & Council Communication 22-1027) City Secretary Contract (CSC) No. 59003, "the Veale Ranch Development Agreement." In accordance with the Veale Ranch Development Agreement, upon submission of preliminary plat PP-24-030, Ventana West, request full purpose annexation into the corporate limits of the City. The proposed land use of Mixed -Use, Institutional, and General Commercial to Single -Family Residential is inconsistent with the 2023 Comprehensive Plan future land use map. In accordance with Chapter, Section 2-70 of the City Code, the Plan Commission will make a recommendation to the City Council on proposals for voluntary annexation that are inconsistent with the Comprehensive Plan. The FWLab supports changes to the Future Land Use map for Ventana West based on the development site plan submitted with the annexation application. On July 10, 2024, the City Plan Commission voted to recommend for approval to City Council the annexation for Ventana West (AX- 24-009) The companion zoning case (ZC-24-071) was heard by the Zoning Commission August 14, 2024. The Zoning Commission recommended approval of the requested zoning of the unzoned area to "PD" Planned Development / "A-5" One -Family and "R2" with development standards to include up to 30% "R2" development and lot coverage not to exceed 60%. The companion zoning case is scheduled for a public hearing by the City Council on September 17, 2024. The proposed site 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. This site is also located within the 20-Year Plan Service Area as identified in the 2023 Comprehensive Plan. The City is annexing the property under the authority granted in Subchapter C-3 of Chapter 43 of the Texas Local Government Code (TLGC) wherein it provides for the process of annexation of an area upon a request of an owner of land. Section 43.0672 of the TLGC requires a municipality that elects to annex an area upon the request of an owner to 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 attached municipal services agreement includes these provisions in accordance with state law. Emergency services, including Police and Fire will be provided by the City. Emergency medical services will be provided by the Fire Department and MedStar. A fiscal impact analysis (FIA) was prepared by the FWLab Planning Division with the assistance of other City Departments. Based on the operating costs projected from City Departments, the FWLab FIA has determined that the annexation will have a slightly negative effect to the General Fund for the first year but will have a positive impact, thereafter, following construction. Due to the ability of the area to meet the City's criteria for full -purpose annexation as stated in the 2023 Comprehensive Plan, staff recommends approval of the requested owner -initiated annexation, AX-24-009. The City Council will conduct a public hearing on the proposed annexation to allow persons interested in the annexation an opportunity to be heard. Notice of the public hearing has been posted in accordance with section 43.0673 of the TLGC. Upon conclusion and closure of the required public hearing, the City Council may take final action on the ordinance annexing AX-24-009 for full purposes and the municipal services agreement. Upon approval of the annexation request, this property will become part of COUNCIL DISTRICT 3. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that based 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 Citv Manaaer's Office bv: Dana Burghdoff 8018 Oriainatina Business Unit Head: D.J. Harrell 8032 Additional Information Contact: Expedited