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HomeMy WebLinkAboutContract 63619CSC No. 63619 MUNICIPAL SERVICES AGREEMENT BETWEEN THE CITY OF FORT WORTH, TEXAS PMB I20 LAND LP; PMB TEAM RANCH DEVCO LLC; WAL-MART STORES EAST, LP; ROCKBROOK I20 TIC LLC; MHRE I20 TIC LLC; MAPLE I20 TIC LLC; TM BAIRD I20 TIC LLC; TRES M I20 TIC LLC; P6 FAMILY I20 TIC LLC; MGM I20 TIC LLC; BAIRD I20 TIC LLC; PINCOFFS I20 TIC LLC; AND PMB I20 LAND GP LLC This Municipal Services Agreement ("Agreement") is entered into on 24th day of June, 2025 by and between the City of Fort Worth, Texas, a home -rule municipality of the State of Texas, ("City") and PMB I20 Land LP, a Texas limited partnership; PMB Team Ranch Devco LLC, a Texas limited liability company; Wal-Mart Stores East, LP, a Delaware limited partnership; Rockbrook I20 TIC LLC, a Texas limited liability company; MHRE I20 TIC LLC, a Texas limited liability company; Maple I20 TIC LLC, a Texas limited liability company; TM Baird I20 TIC LLC, a Texas limited liability company; Tres M I20 TIC LLC, a Texas limited liability company; P6 Family I20 TIC LLC, a Texas limited liability company; MGM 120 TIC LLC, a Texas limited liability company; Baird I20 TIC LLC, a Texas limited liability company; Pincoffs 120 TIC LLC, a Texas limited liability company; and PMB I20 Land GP LLC, a Texas limited liability company (collectively, "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 TA.RRANT County, Texas, which consists of approximately 169.243 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-23-011 ("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 OFFICIAL RECORD Owner -Initiated Annexation Service Agreement CITY SECRETARY 1 of 24 FT. WORTH, TX 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 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. Plannina 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 Buildinas — 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 Owner -Initiated Annexation Service Agreement 2 of 24 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 liszhtinR) — 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 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 Owner -Initiated Annexation Service Agreement 3 of 24 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 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 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 24 Owner -Initiated Annexation Service Agreement 5 of 24 CITY OF FO WORTH Jesica L. McEachern Assistant City Manager Approved as to Form and Legality: V Melinda Ramos Deputy City Attorney Approvals: M&C: 25-0316 Ordinance No. 27815-06-2025 State of Texas § County of Tarrant § 4eoAiad DPP ���-l�A. adp4 nEXP544 Jannette S. Goodall, City Secretary Stephen Murray, Contract Manager This instrument was acknowledged before me on the 3rd day of July , 2025, by Jesica L. McEachern, Assistant City Manager of the City of Fort Worth, a Texas municipal corporation, on behalf of said corporation. %� �3c cery By: Notary Public, State of Texas ,PaYP� TIFFANY BACON BACON _ °� Notary Public N®* STATE OF TEXAS "FOF Notary I.D. 128261860 My Comm. Exp. Jan. 20, 2027 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Owner -Initiated Annexation Service Agreement 6 of 24 PMB I20 LAND, LP By: PMB I20 Land GP LLC, a Texas limited liability company, its General Partner By: Name: K. Taylor Baird Title: Manager State of Texas § County of Dallas § This instrument was acknowledged before me on the 0 � day of F�k_eJ2025, by K. Taylor Baird as Manager of PMB I20 Land P LLC a Texas limited liability company,the Y � g G � tY General Partner of PMB I20 Land LP, a Texas limited partnership, on behalf of said entities. B�j Notary Public, State of Texas a co ro �•��� cc+A •�28963�••'2g \��� Owner -Initiated Annexation Service Agreement 7 of 24 PMB TEAM RANCH DEVCO LLC, a Texas limited liability company By: PMB Team Ranch Manager LLC, a Texas limited liability company, its Manager By:v � Name: J Taylor aird Title: Manager State of Texas County of Dallas This instrument was acknowledged before me on the 0_�_L day of "rkca 2025, by 1 K. Taylor Baird, as Manager of PMB Team Ranch Manager LLC, a Texas limited liability company, the Manager of PMB Team Ranch Devco LLC, a Texas limited liability company, on behalf of said entities. Notary Public, State of Texas L. 78963-6 \\\� 04i 20-T Owner -Initiated Annexation Service Agreement 8 of24 WAL- RT STORES EAST, LP By: �. �� 1 Name: Ad Title: V i P kamr' State of fn'ayly A5' § County of Ttr,l § This instrument was acknowledged before me on the ' day of FCbm E,t j , 2025, by 1 j at � 'I3 i V C , on behalf of WAL-MART STORES EAST, LP. By: Notary Public, State of rI Y o YI CK1 RMs�R CvjEEK MotW, Publ"c"gTkansas Benton rcountV 09.2032 .4Y Coramission ExAires 03 Commission M 12718093 Owner -initiated Annexation Service Agreement 9 of 14 ROCKBROOK I20 TIC LLC, a Texas limited liability company By: PMB I20 TIC Manager LLC, a Texas limited liability company, its Manager By: ru Name: K. Taylor Baird Title: Manager State of Texas County of Dallas This instrument was acknowledged before me on the 01— day of FCjrLkDj025, by K. Taylor Baird, as Manager of PMB I20 TIC Manager LLC, a Texas limited liability com any, the Manager of Rockbrook I20 TIC LLC, a Texas limited liability company, on behalf of said entities. B Notary Public, State of Texas Owner-Initiated Annexation Service Agreement 10 of 24 MHRE I20 TIC LLC, a Texas limited liability company By: PMB I20 TIC Manager LLC, a Texas limited liability company, its Mana er By: Name: K. Taylor Baird Title: Manager State of Texas § County of Dallas § This instrument was acknowledged before me on the day of rarVL,YJ, 2025, by n K. Taylor Baird, as Manager of PMB I20 TIC Manager LLC, a Texas limited liability company, the Manager of MHRE I20 TIC LLC, a Texas limited liability company, on behalf of said entities. Notary Public, State of Texas Owner -Initiated Annexation Service Agreement 11 of 24 MAPLE I20 TIC LLC, a Texas limited liability company By: PMB I20 TIC Manager LLC, a Texas limited liability company, its Manager By: Name: K. Taylor haird Title: Manager State of Texas § County of Dallas § This instrument was acknowledged before me on the 4�1— day of"NG rU, 2025, by K. Taylor Baird, as Manager of PMB I20 TIC Manager LLC, a Texas limited liability company, the Manager of Maple I20 TIC LLC, a Texas limited liability company, on behalf of said entities. Notary Public, State of Texas . `p, Y P6e... �. O % �::� t'�•..2 f 728963.••• 0 Owner -Initiated Annexation Service Agreement 12 of 24 TM BAIRD I20 TIC LLC, a Texas limited liability company By: PMB I20 TIC Manager LLC, a Texas limited liability company, its Manager By: Name: K. aylor Baird Title: Manager State of Texas § County of Dallas § 1 [,' This instrument was acknowledged before me on the t day of f 4rLx-M , 2025, by K. Taylor Baird, as Manager of PMB I20 TIC Manager LLC, a Texas limited liability coil the Manager of TM Baird I20 TIC LLC, a Texas limited liability company, on behalf of said entities. Notary Public, State of Texas !p F OF �i �2896?1•'' � ��� 04120-'L Owner -Initiated Annexation Service Agreement 13 of 24 TRES M I20 TIC LLC, a Texas limited liability company By: PMB I20 TIC Manager LLC, a Texas limited liability company, its Manager By: Name: K. aylor aird Title: Manager State of Texas § County of Dallas § This instrument was acknowledged before me on the;day of F4(W 2025, by K. Taylor Baird, as Manager of PMB I20 TIC Manager LLC, a Texas limited liability colwany, the Manager of Tres M I20 TIC LLC, a Texas limited liability company, on behalf of said entities. Notary Public, State of Texas F 6,b I0 4112 0 -9" Owner -Initiated Annexation Service Agreement 14 of 24 P6 FAMILY I20 TIC LLC, a Texas limited liability company By: PMB I20 TIC Manager LLC, a Texas limited liability company, its Mana er By: --- X Name: PTaylorBaird` Title: Manager State of Texas § County of Dallas § This instrument was acknowledged before me on the o2 + day of1FCjrlko,Upany 2025, by TIC Manager LLC a Texas limited liability the K. Taylor Baird, as Manager of PMB I20 g ty, Manager of P6 Family I20 TIC LLC, a Texas limited liability company, on behalf of said entities. Notary Public, State of Texas Owner -Initiated Annexation Service Agreement 15 of 24 MGM I20 TIC LLC, a Texas limited liability company By: PMB I20 TIC Manager LLC, a Texas limited liability company, its Mana er By: r ' . ' Name: K. Taylor aird Title: Manager State of Texas § County of Dallas § This instrument was acknowledged before me on the o day of FrW-1-f I, 2025, by 2 TIC Manager LLC a Texas limited liability company,the K. Taylor Baird, as Manager of PMB I 0 g ty Manager of MGM I20 TIC LLC, a Texas limited liability company, on behalf of said entities. 1 Notary Public, State of Texas !pFOF� //i�i fit` '•.�2896?1•' rL� \�$ Owner -Initiated Annexation Service Agreement 16 of 24 BAIRD I20 TIC LLC, a Texas limited liability company By: PMB I20 TIC Manager LLC, a Texas limited liability company, its Manager 11 By: C/` Name: K. aylor Baird Title: Manager State of Texas § County of Dallas § This instrument was acknowledged before me on the oZ � day of VE-b , 2025, by K. Taylor Baird, as Manager of PMB I20 TIC Manager LLC, a Texas limited liability co pany, the Manager of Baird I20 TIC LLC, a Texas limited liability company, on behalf of said entities. Notary Public, State of Texas ��nuuu,,i VVVj-+Q `•�O ' O F 6, i////p//0411210 `ZOO Owner -Initiated Annexation Service Agreement 17 of 24 PINCOFFS I20 TIC LLC, a Texas limited liability company By: PMB I20 TIC Manager LLC, a Texas limited liability company, its Manager By: Name: K. Taylor Baird Title: Manager State of Texas § County of Dallas § This instrument was acknowledged before me on the day of2025, by Baird as Manager of PMB I20 TIC Manager LLC a Texas limited liability K. Taylor g g co p an y, the Manager of Pincoffs I20 TIC LLC, a Texas limited liability company, on behalf of said entities. B• Notary Public, State of Texas \`' A L `.����',o,�p,RY PG•.•Fj, �%. co Z = �0 OF S 63 'i�� F+A • �28963�. •' � \��� 04-20 Owner -Initiated Annexation Service Agreement 18 of 24 PMB I20 LAND GP LLC, a Texas limited liability company By: Name: YTTaylor Bai Title: Manager State of Texas § County of Dallas § This instrument was acknowledged before me on the day of fanu x , 2025, by K. Taylor Baird, as Manager of PMB I20 Land GP LLC, a Texas limited liability company, on behalf of said entity. B Notary Public, State of Texas w%jnulluui, P&O O% •�2896 Owner -Initiated Annexation Service Agreement 19 of 24 EXHIBIT A METES AND BOUNDS DESCRIPTION BEING A TRACT OF LAND SITUATED IN THE G H & H RR CO SURVEY, ABSTRACT NO.623, THE DAN H DIXON SURVEY, ABSTRACT NO.442, AND THE HEIRS OF NATHAN PROCTOR SURVEY, ABSTRACT NO. 1229, TARRANT COUNTY, TEXAS, AND BEING A PORTION OF A 516.831-ACRE TRACT OF LAND BEING COMPRISED OF A PORTION OF THOSE TRACTS OF LAND DESCRIBED TO PMB 1-20 LAND LP BY DEED RECORDED IN COUNTY CLERK FILE NO. D221321297, AND TO PMB TEAM RANCH DEVCO LLC BY DEED RECORDED IN COUNTY CLERK FILE NO. D221321298, AND TO WAL-MART STORES EAST, LP BY DEEDS RECORDED IN COUNTY CLERK FILE NO. D223062320 AND D223062321 OF THE OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 5/8-INCH CAPPED IRON ROD STAMPED "UA SURVEYING" (HEREINAFTER REFERRED TO AS A "5/8-INCH CAPPED IRON ROD") FOUND FOR THE SOUTHWEST CORNER OF SAID 516.831-ACRE TRACT IN THE RIGHT-OF-WAY OF ALEDO ROAD (A VARIABLE WIDTH RIGHT-OF-WAY), FROM WHICH THE NORTHWEST CORNER OF LOT 1, BLOCK 4, SKYLINE RANCH ADDITION, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS AS SHOWN BY PLAT RECORDED IN COUNTY CLERK FILE NO. D218066627, PLAT RECORDS OF TARRANT COUNTY, TEXAS, BEARS SOUTH 60°51'10" EAST, A DISTANCE OF 374.02 FEET, THENCE NORTH 00'17'50" WEST, WITH THE WESTERLY LINE OF SAID 516.831-ACRE TRACT, A DISTANCE OF 50.38 FEET TO A 5/8-INCH CAPPED IRON ROD FOUND; THENCE SOUTH 89°52'50" WEST, OVER AND ACROSS SAID RIGHT-OF-WAY, A DISTANCE OF 232.52 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF SAID FARM TO MARKET ROAD NO. 2871; THENCE NORTH 41*12-58" WEST, WITH SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 151.04 FEET TO A 3-INCH METAL POST FOUND ON THE EAST RIGHT-OF-WAY LINE OF FARM TO MARKET ROAD NO. 2871 (A VARIABLE WIDTH RIGHT-OF-WAY); THENCE NORTH 00'20'10" WEST, WITH SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 452.00 FEET TO A 5/8-INCH CAPPED IRON ROD FOUND FOR THE SOUTHWEST CORNER OF ATRACT OF LAND DESCRIBED TO FORT WORTH INDEPENDENT SCHOOL DISTRICT BY DEED RECORDED IN COUNTY CLERKS FILE NO. D219293163, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS; THENCE WITH THE BOUNDS OF SAID SCHOOL DISTRICT TRACT THE FOLLOWING COURSES AND DISTANCES: NORTH 89`39'50" EAST, A DISTANCE OF 653.00 FEET TO A 5/8-INCH CAPPED IRON ROD FOUND; NORTH 00°20'10" WEST, A DISTANCE OF 1,000.00 FEET TO A 5/8-INCH CAPPED IRON ROD FOUND; SOUTH 89°39'50" WEST, A DISTANCE OF 653.00 FEET TO A 5/8-INCH CAPPED IRON ROD FOUND ON SAID EAST RIGHT-OF-WAY LINE; THENCE NORTH 00°20'10" WEST, WITH SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 1,445.65 FEET; THENCE OVER AND ACROSS SAID 516.831-ACRE TRACT THE FOLLOWING COURSES AND DISTANCES: EAST, A DISTANCE OF 1,570.73 FEET TO THE BEGINNING OF A NON -TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 460.00 FEET AND A CHORD THAT BEARS NORTH 88°21'29" EAST, 26.36 FEET; WITH SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 3"17'00", AN ARC -DISTANCE OF 26.36 FEET; Page 1 of 5 Owner -Initiated Annexation Service Agreement 20 of 24 EXHIBIT A Continued METES AND BOUNDS DESCRIPTION NORTH 81'56'26" EAST, A DISTANCE OF 76.60 FEET TO THE BEGINNING OF A NON -TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 460.00 FEET AND A CHORD THAT BEARS NORTH 70'21'11" EAST, 109.12 FEET; WITH SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 13'37'24", AN ARC -DISTANCE OF 109.38 FEET; NORTH 17'52'44" EAST, A DISTANCE OF 10.00 FEET; NORTH 28'36'48" WEST, A DISTANCE OF 34.78 FEET; NORTH 28'35'13" WEST, A DISTANCE OF 10.52 FEET; NORTH 61'23'34" EAST, A DISTANCE OF 80.00 FEET, SOUTH 28'36'26" EAST, A DISTANCE OF 45.33 FEET, SOUTH 71°51'11" EAST, A DISTANCE OF 10.00 FEET, NORTH 61'28'27" EAST, A DISTANCE OF 27.51 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 28'31'33" EAST, 80.00 FEET, WITH SAID CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 253'44'23", AN ARC - DISTANCE OF 221.43 FEET, SOUTH 61'28'27" WEST, A DISTANCE OF 27.28 FEET, SOUTH 16'28'45" WEST, A DISTANCE OF 10.00 FEET, SOUTH 27'45'24" EAST, A DISTANCE OF 15.45 FEET, SOUTH 61'24'49" WEST, A DISTANCE OF 79.27 FEET; NORTH 29'17'57" WEST, A DISTANCE OF 15.63 FEET; NORTH 72'23'35" WEST, A DISTANCE OF 10.00 FEET TO THE BEGINNING OF A NON -TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 540.00 FEET AND A CHORD THAT BEARS SOUTH 76'35'00" WEST, 250.59 FEET; WITH SAID CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 26'50'00", AN ARC -DISTANCE OF 252.90 FEET, WEST, A DISTANCE OF 94.17 FEET; SOUTH, A DISTANCE OF 0.72 FEET; SOUTH 27'44'55" EAST, A DISTANCE OF 629.89 FEET; SOUTH 40'30'31" EAST, A DISTANCE OF 366.43 FEET; SOUTH 29'59'53" EAST, A DISTANCE OF 428.04 FEET, SOUTH 44'06'58" EAST, A DISTANCE OF 375.47 FEET, SOUTH 20'33'48" EAST, A DISTANCE OF 405.11 FEET; SOUTH 29'35'23" EAST, A DISTANCE OF 577.14 FEET; SOUTH 35'58'45" EAST, A DISTANCE OF 171.42 FEET; SOUTH 08'11'50" EAST, A DISTANCE OF 255.96 FEET; Page 2 of 5 Owner -Initiated Annexation Service Agreement 21 of 24 EXHIBIT A Continued METES AND BOUNDS DESCRIPTION SOUTH 55`36'39" EAST, A DISTANCE OF 247.26 FEET; SOUTH 52`40'54" EAST, A DISTANCE OF 370.40 FEET; SOUTH 51'17'40" EAST, A DISTANCE OF 264.68 FEET; SOUTH, A DISTANCE OF 96.87 FEET TO A 5/8-INCH CAPPED IRON ROD FOUND WITHIN SAID RIGHT-OF-WAY OF ALEDO ROAD FROM WHICH THE NORTHEAST CORNER OF LOT 122, BLOCK 4, SKYLINE RANCH ADDITION, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS AS SHOWN BY PLAT RECORDED IN CABINET A, SLIDE 11740 OF SAID PLAT RECORDS BEARS SOUTH 62'42'50" EAST, A DISTANCE OF 313.53 FEET; THENCE WITH THE SOUTH LINE OF SAID 516.831-ACRE TRACT, AND GENERALLY ALONG THE RIGHT-OF- WAY OF SAID ALEDO ROAD THE FOLLOWING COURSES AND DISTANCES: SOUTH 89°16'01" WEST, A DISTANCE OF 199.79 FEET TO A 5/8-INCH CAPPED IRON ROD FOUND; NORTH 88'28'59" WEST, A DISTANCE OF 199.79 FEET TO A 5/8-INCH CAPPED IRON ROD FOUND; NORTH 86"28'59" WEST, A DISTANCE OF 199.79 FEET TO A 5/8-INCH CAPPED IRON ROD FOUND; NORTH 84°28'59" WEST, A DISTANCE OF 199.79 FEET TO A 5/8-INCH CAPPED IRON ROD FOUND; NORTH 82°58'59" WEST, A DISTANCE OF 199.79 FEET TO A 5/8-INCH CAPPED IRON ROD FOUND; NORTH 82"43'59" WEST, A DISTANCE OF 2,661.42 FEET TO THE POINT OF BEGINNING AND CONTAINING A CALCULATED AREA OF 169.243 ACRES (7,372,209 SQ. FEET) OF LAND, SAVE AND EXCEPT ANY PORTION OF THE HEREIN DESCRIBED TRACT LYING WITHIN THE EXISTING CITY LIMITS OF THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS. BASIS OF BEARING IS GRID NORTH, TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE, NAD83 (2011) EPOCH 2O10, AS DETERMINED BY GPS OBSERVATIONS. THIS DOCUMENT WAS PREPARED UNDER 22 TAC §663.21, DOES NOT REFLECT THE RESULTS OF AN ON THE GROUND SURVEY, AND IS NOT TO BE USED TO CONVEY OR ESTABLISH INTERESTS IN REAL PROPERTY EXCEPT THOSE RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE BOUNDARY OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS PREPARED. Aaron Lr R:P:L.S. Registered Professional Land Surveyor Texas Registration No. 6702 LJA Surveying, Inc. 3017 West 71 Street, Suite 300 Fort Worth, Texas 76107 817-288-1900 TBPELS Firm No. 10/94382 Page 3 of 5 (Revised December 2, 2024) November 28, 2023 .......................... AA.RON C. BROWN ..Y...Q .. ....tip c.6702 SUR Owner -Initiated Annexation Service Agreement 22 of 24 EXHIBIT A Continued e� LO GQ 'y3 �o G p0 0 (REMAINDER OF) TRACT 4 ` PMB 120 LAND LP \ C.C.#p D221321297 0 350 700 O.P.R.T.C.T. rn EAST 1570. 33 Clln 21 (REMAINDER OF) n !IG �S �� rc N OE TRACT 4 > Z d 4 ,n 'PVB 120 LAND LP �, �'cJ�Q _ir Sao C.C.S D221321297 PO a �? �I O.P.R.T.C.T. 2 n 0 O' C14_ 0 �Q �T WAL—MART STORES a. APPROXIMATE LOCATION OF CITY >- u TRACT 2 A �{. EAST. LP a OF FOR[ WORTH CITY LIMITS $ iE p PVB 120 LAND LP �'c d �p /y C.C.# D223062321 (CANNOT BE LOCATED BY C.C.# D221321297 a� /? q(+Of !a O.P.R.T.C.T. DESCRIPTION) e c O.P.R.T.C.T. OA 0 !% ut O s r Z P 'j 9y J APPROXIMATE _ URVEY—LINE _ . m L6 APPROXIMATE SURVEY LINE I- pill z W m F_ 169.243 ACRES pAN H DIXON 0 T- m (7.372.209 S0. FEET) SURVEY d42 H V LUDIE T _ W ABSTRACT FiRTNERSHIP LTD x W;o o a APPROXIMATE SURVEY LINE C .!# D207134957 0 0 0 REMAINDER OF �+ I z x 0 ( ) WAL—VARY STORES O.P.R.T.C.T. cJv PMB TEAM RANCH DEVCO LLC r > to v C.C.�t D221321298 EAST. LP I o 0 nc L4 C.C./# D2230623aO Z � O.P.R.T.C.T. O.P.R.T.C.T. W TRACT 1 da"vAPMB x I20 LAND LP ci� Gv1Z9 J r lIz ' � in 3-STEEL C.C'#D22321129 vo, ,-o oX o W 0 a QZ a ...... ePC . J R 9 e -1 n a � I x} O W POINT OF N82'411! (PRESCRALED�yROAD SEE PAGE 5 FOR NOTi I a M BEGINNING — 3'S9'W 266T.42, F R.O,W,) CONCERNING ALEDO ROAD S60'51'10"E �NW CORNER _ M KAL�tO.�u U.P. 374.02' LOT 1, BLOCK 4 9 L38 L37 L36 k L3(150' ft.o. r SKYLINE RANCH C.C. fD218066627 S62-42'50" ENE CORNER L P.R.T.C.T SKYLINE RANCH 313.53, LOT 122. LEGEND BLOCK 4 C.C.#D212082321 SKYLINE RANCH ADDITION 5/8- CAPPED IRON ROD P.R.T.C.T CAB. A. SLIDE 11740 STAMPED 'LJA SURVEYING" P.R.T.C.T UNLESS OTHERWISE NOTED C.C.# COUNTY CLERK FILE No. O.P.R.T.C.T. OFFICIAL PUBLIC RECORDS, I SEE PAGE 5 TARRANT COUNTY. TEXAS FOR LINE TABLES ti P.R.T.C.T. PLAT RECORDS. TARRANT COUNTY, TEXAS (REVISED 12/02/2024) ■ DATE: 1I/23/2023 EXHIBIT "All LJA Sui a I nc, PAGE ALA DRWK BY: S.A.T. ANNr..XA71CN EXHIBIT x1ilY:es,1,� •cz; Phc s Et1,.8 S-, S CHKD BY: A.C.S. Tfe CHaS;A COS-iVEY, AtSSrA-T f-67i; THE CA\H OU.CN SURM. Sure ?a1 ass,?r^No.et2AND iffit FSC: nau':wuo; c9!U +% �, OF Fcr,Y/���,Tcas76tN T,f,?,EJ.S.=rnKc, tlftit?A7 PROJ NO. 0170 A3ST7A'b. 1223 tl TV-PASFl0U,CV, TEWAS v ■ Owner -Initiated Annexation Service Agreement 23 of 24 c PAGE 5 OF 5 EXHIBIT A Continued I U%E BEARING DISTANCE I LINE BEARING DISTANCE I L1 N00'17'50"W 50.38' I L21 WEST 94,17' L2. N41'12'58"W 151.04' I L22 SOUTH 0.72' I L3 N00'20'10'W 452.00' I L23 S27'44'55"E 629.89' I L4 N89'39'50"E 653.00' I L24 S40'30'31"E 366.43' I L5 N00'20'10"W 1000.00' I L25 S29'59'53"E 428.04' I L6 589'39'50"W 653.00' I L26 S44'06'5B"E 375.47' I L7 N81'56'26"E 76.60' I L27 S20'33'48"E 405.11' I LB N17'52'44"E 10.00' I L28 S29'35'23'E 577.14' L9 N28'36'48"W 34.78' I L29 S35'5B'45"E 171.42' L10 N28'35'13"W 10.52' L30 S08'11'50"E 255.96' I LII N61'23'34"E 80.00' I L31 555'36'39"E 247.26' I L12 S28'36'26"E 45.33' I L32 S52'40'54"E 370.40' I L13 S71'51'11"E 10.00' I L33 S51'17'40"E 264.68' I L14 N�1'28'?`"F 27.51' I L34 SOUTH 96.87' L15 S 1'2h'2 ` 27.28' I L35 S89'16'01"W 199.79' L16 S16*28'45'W 10.00' I L36 N88'28'59"W 199.79' L17 S27'45'24"E 15.45' I L37 486'28'59"W 199.79' L18 S61'24'49"W 79.27' I L38 N84'28'59"W 199.79' 1-19 N29'17'57'W 15.63' I L39 N82'58'59"A' 199.79' I L20 N72'23'35"W 10.00' CURVE CENTRAL ANGLE RADIUS CHORD BEARING CHORD LENGTH ARC LENGTH Cl 3'17'00" 460.00' N88'21'29"E 26.36' 26.36' C2 13'37'24" 460.00' N70'21'II"E 109.12' 109.38, C3 253'44'23" 50.00' S28'31'33•'E 80.00' 221.43' C4 26'50'00" 540.00' S76'35'00'W 250.59' 252.90' ALEDO ROAD THE SOUTH LINE OF THE SUBJECT TRACT APPEARS TO BE CONTIGUOUS WITH THE NORTHERLY LINE OF AN EXISTING RAILROAD RIGHT-OF-WAY, EITHER BY INTENT OR IN FACT. THE ENTIRE EXISTING PRESCRIPTIVE RIGHT-OF-WAY OF ALEDO ROAD APPEARS TO LIE WITHIN THE DEEDED BOUNDS OF THE SUBJECT TRACT AS SHOWN HEREON AND WITHIN THE UNRECORDED BOUNDS OF SAID RAILROAD RIGHT-OF-WAY. (REVISED 121021202.4) DATE: 11/28/2023 EXHIBIT "A" LJA Su7ejing, Inc. DRWN BY: S.A.T. ANNEJ(ATION rXHIRIT 'su17 . .t5. r....t1 •: z! PCp-a 617 H ,15}) CHKDBY: A.C.B. I�Trrc�arra:Ds_a:¢r,a=_c crra57i, FDA`:NOl1Jc'.U5lFt, suuV AIGTP,.C71JD. MANp TI E KMC-NAIV-%F?,X:CH W-MV. F;rye-•i, TCr3i 2E •57 T,ga.EJ..$. F rm N'.11 UU2 PROJ NO. 0170 ASSLKT%O. 12D NTRTA/Nr,0UPn,TC9tiS Owner -Initiated Annexation Service Agreement 24 of 24 City of Fort Worth, Texas Mayor and Council Communication DATE: 04/22/25 M&C FILE NUMBER: M&C 25-0316 LOG NAME: 06AX-23-011 ROCKBROOK P2 — OWNER INITITATED SUBJECT (Future CD 3) Conduct a Public Hearing, Authorize Execution of a Municipal Services Agreement, and Consider Adopting an Ordinance for the Proposed Owner -Initiated Annexation of Approximately 169.243Acres of Land, 7.773 Acres of Chapin School Road and 12.991 Acres of Union Pacific Railroad Right -of -Way in Tarrant County, Known as Rockbrook P2, Located Northeast of the Aledo Road and Chapin School Road Intersection, in the Far West Planning Sector, AX-23-011 (Continued from a Previous Meeting) (PUBLIC HEARING - a. Staff Available for Questions: Derek Hull; b. Public Comment; c. Council Action: Close Public Hearing and Act on the M&C) RECOMMENDATION: It is recommended that the City Council: 1. Conduct a public hearing for the proposed owner -initiated annexation of approximately 169.243 acres of land, 7.773 acres of Chapin School Road and 12.991 acres of Union Pacific Railroad right-of-way in Tarrant County, known as Rockbrook P2, located northeast of the Aledo Road and Chapin School Road intersection, as shown on Exhibit A; 2. Authorize execution of a Municipal Services Agreement between the City of Fort Worth and property owners, PMB 120 Land LP, a Texas Limited Partnership; PMB Team Ranch Devco LLC, a Texas Limited Liability Company; Wal-Mart Stores East, LP, a Delaware Limited Partnership; Rockbrook 120 TIC LLC, a Texas Limited Liability Company; MHRE 120 TIC LLC, a Texas Limited Liability Company; Maple 120 TIC LLC, a Texas Limited Liability Company; TM Baird 120 TIC LLC, a Texas Limited Liability Company; Tres M 120 TIC LLC, a Texas Limited Liability Company; P6 Family 120 TIC LLC, a Texas Limited Liability Company; MGM 120 TIC LLC, a Texas Limited Liability Company; Baird 120 TIC LLC, a Texas Limited Liability Company; Pincoffs 120 TIC LLC, a Texas Limited Liability Company; and PMB 120 Land GP LLC, a Texas Limited Liability Company; and 3. Adopt an ordinance annexing AX-23-011 for full purposes. DISCUSSION: On December 1, 2023, representatives for the property owners, PMB 120 Land LP, a Texas limited partnership; PMB Team Ranch Devco LLC, a Texas Limited Liability Company; Wal-Mart Stores East, LP, a Delaware Limited Partnership; Rockbrook 120 TIC LLC, a Texas Limited Liability Company; MHRE 120 TIC LLC, a Texas Limited Liability Company; Maple 120 TIC LLC, a Texas Limited Liability Company; TM Baird 120 TIC LLC, a Texas Limited Liability Company; Tres M 120 TIC LLC, a Texas Limited Liability Company; P6 Family 120 TIC LLC, a Texas Limited Liability Company; MGM 120 TIC LLC, a Texas Limited Liability Company; Baird 120 TIC LLC, a Texas Limited Liability Company; Pincoffs 120 TIC LLC, a Texas Limited Liability Company; and PMB 120 Land GP LLC, a Texas Limited Liability Company (collectively, "Owner"), submitted a request for full -purpose annexation of the property shown on Exhibit A into the City of Fort Worth (City). The subject property is located entirely in that portion of the City's extraterritorial jurisdiction which is in Tarrant County. The site is located northeast of the Aledo Road and Chapin School Road intersection. The owner -initiated annexation, which is approximately 190.007 acres, is consistent with the urban development annexation criteria as established by the City's Annexation Policy. Under Section 43.1056, of The Texas Local Government Code, the municipality that is annexing an area under Subchapter C-3, C-4, C-5, or D may also annex with the area the right-of-way of a street, highway, alley, or other public way or of a railway line, spur, or roadbed, that is: (1) contiguous and runs parallel to the municipality's boundaries; and (2) contiguous to the area being annexed under Subchapter C-3, C-4, C-5, or D. In order to annex, the municipality must provide written notice of the annexation, through the owner's registered agent not later than the 61 st day before the date of the proposed annexation. Notice of this pending annexation was sent by certified mail on January 14, 2025. The area identified in this annexation request is included in the Veale Ranch Development Agreement, City Secretary Office (CSO) Contract 59003. City Council approved the agreement on March 8, 2023. The 5,200 acres described as Veale Ranch consists of parcels known as the Veale Ranch, Rockbrook/Team Ranch, Rolling V South and Ventana South (phases 6-8), collectively. In accordance with Section 6.1 of the Development Agreement, "At such time as an Owner submits to the City a Preliminary plat for a portion of the ETJ Property, it shall submit a petition to the City to voluntarily annex its land located within the preliminary plat into the corporate limits of the City." Preliminary plat PP-23-056 was submitted on December 4, 2023 and approved on June 17, 2024. The subject area is currently agricultural and vacant land. The property owner proposes the site for industrial development. The 2023 Comprehensive Plan identifies the future land use for this site as Industrial Growth Center. The proposed development is compatible with current surrounding land uses and is consistent with the future land use. Per Subdivision Ordinance, Section 31-2(b)(1), the City Plan Commission is required to study and make a recommendation only on proposals for voluntary annexations that are inconsistent with the Comprehensive Plan. As such, this proposal was not heard by the City Plan Commission. There is no companion zoning case to this request for annexation. The property will default to "AG" Agricultural zoning. The property owner plans to submit for a rezoning post -annexation. 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 Emergency services will be provided through the City of Fort Worth. 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 be the level of service contemplated or projected in the area. Emergency medical services will be provided by City's Fire Department and MedStar or other entity engaged by the City. The City's Police Department will provide protection and law enforcement services. The proposed uses were considered while assessing the financial impact to the General Fund. A fiscal impact analysis was prepared by the Fort Worth Lab (FWLab) with the assistance of other City Departments. The FWLab has calculated that annual impacts on the General Fund are expected to be positive following construction, based on the information provided by departments and the developer. Due to the ability of the area to meet the City's criteria for full -purpose annexation, staff recommends that the Rockbrook P2 site be considered for annexation at this time. 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- 23-011 for full purposes. If annexed, 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: Jesica McEachern 5804 Oriainatina Business Unit Head: D.J. Harrell 8032 Additional Information Contact: Derek Hull 2412 Leo Valencia 2497