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HomeMy WebLinkAboutContract 63628CSC No. 63628 MUNICIPAL SERVICES AGREEMENT BETWEEN THE CITY OF FORT WORTH, TEXAS AND ROCKBROOK I20 TIC LLC; MHRE I20 TIC LLC; MAPLE I20 TIC LLC; TM BAIRD I20 TIC LLC; TRIES 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 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 I20 TIC LLC, a Texas limited liability company; Baird I20 TIC LLC, a Texas limited liability company; Pincoffs I20 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 TARRANT County, Texas, which consists of approximately 186.090 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-24-017 ("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: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Owner -Initiated Annexation Service Agreement I of 20 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. Planniniz and Zonina — 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 Publicly 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 Utility 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 Owner -Initiated Annexation Service Agreement 2 of 20 of stormwater management services. viii. Roads and Streets (including Street liahtina) — 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 Council. Nothing in this Agreement guarantees favorable decisions by the City Council. Owner -Initiated Annexation Service Agreement 3 of 20 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 20 CITY OF FORT W TH i Jesica L. McEachern Assistant City Manager Approved as to Formand Legality: Melinda Ramos Deputy City Attorney Approvals: M&C: 25-0320 Ordinance No. 27816-06-2025 d 494q�Il v,e 9 p Bann T°nE°X4p°5�o Janette S. Goodall, City Secretay Stephen Murray, Contract Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Owner -Initiated Annexation Service Agreement 5 of 20 State of Texas § County of Tarrant § This instrument was acknowledged before me on the 9th day of J U ly 2025, by Jesica L. McEachern, Assitant City Manager of the City of Fort Worth, a Texas municipal corporation, on behalf of said corporation. By: L a Notary Public, State of Texas Owner -Initiated Annexation Service Agreement 6 of 20 ROCKBROOK I20 TIC LLC, a Texas limited liability company By: PMB I20 TIC Manager LLC, a Texas limited liability company, its Manager By: (P75C'C�� 1 Name: K. Taylor Baird Title: Manager State of Texas § County of Dallas § This instrument was acknowledged before me on the -( rday of R_6,& ­,- , , 2025, by K. Taylor Baird, as Manager of PMB I20 TIC Manager LLC, a Texas limited liability company, the Manager of Rockbrook I20 TIC LLC, a Texas limited liability company, on behalf of said entities. By: / Notar4ublic, State of Texas tPAY PLB JEFFREY RICH CAGNINA JR _ Notary ID n"133309105 My Commission Expires 't orb' September 1, 2025 Owner -Initiated Annexation Service Agreement 7 of 20 MHRE 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 Bair Title: Manager State of Texas § County of Dallas § This instrument was acknowledged before me on the '?64'day of fFl�y , 2025, by t 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. By: / N ary Public, State of Texas W FFREY RICH CAGNINAJRotary ID #733309105y Commission ExpiresSeptember 1, 2025 Owner -Initiated Annexation Service Agreement 8 of 20 MAPLE I20 TIC LLC, a Texas limited liability company By: PMB I20 TIC Manager LLC, a Texas limited liability company, its Manager By:e7;--y—W_ Name: k. Taylor Baird Title: Manager State of Texas § County of Dallas § This instrument was acknowledged before me on the 2-G 1'*d-ay of �%l✓w✓y , 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. By: NotaqWublic, State of Texas Q�Rpl_ JEFFREY RICH CAGNINA JRNotary ID #133309105My Commission Expires September 1, 2025 j Owner -Initiated Annexation Service Agreement 9 of 20 TM BAIRD I20 TIC LLC, a Texas limited liability company By: PMB I20 TIC Manager LLC, a Texas limited liability company, its Manager By: � C_%rz Name: K. Taylor Baird Title: Manager State of Texas § County of Dallas § This instrument was acknowledged before me on the )6f"day of 1 L�✓�'+�� , 2025, by K. Taylor Baird, as Manager of PMB I20 TIC Manager LLC, a Texas limited liability company, the Manager of TM Baird I20 TIC LLC, a Texas limited liability company, on behalf of said entities. By: Notary blic, State of Texas JEFFREY RICH Cq otar GNINA JR N N , `YID,y133309105 of E� MY Commission Expires September 1, 2025 Owner -Initiated Annexation Service Agreement 10 of 20 TRES M I20 TIC LLC, a Texas limited liability company By: PMB I20 TIC Manager LLC, a Texas limited liability company, its Manager By: k� Name: K. Taylor Baird Title: Manager State of Texas § County of Dallas § This instrument was acknowledged before me on the �G fi day of �`/z •�•a, , 2025, by K. Taylor Baird, as Manager of PMB I20 TIC Manager LLC, a Texas limited liability company, the Manager of Tres M I20 TIC LLC, a Texas limited liability company, on behalf of said entities. By: Not Public, State of Texas =�1p0.Y pG `r JEFFREY RICyCAGNINq1R " Notaryl0 #133309105 oF�+` My Commission Expires v ySeptember 1, 2025 ` Owner -Initiated Annexation Service Agreement I I of 20 P6 FAMILY I20 TIC LLC, a Texas limited liability company By: PMB I20 TIC Manager LLC, a Texas limited liability company, its Manager By: PEIL-5� Name: K. Taylor Baird Title: Manager State of Texas § County of Dallas § This instrument was acknowledged before me on the ;6 'day of 2025, by K. Taylor Baird, as Manager of PMB I20 TIC Manager LLC, a Texas limited liability company, the Manager of P6 Family I20 TIC LLC, a Texas limited liability company, on behalf of said entities. By: Not Public, State of Texas FWFFREY RICH CAGNINAJR Notary ID X133309' 5y Commission Expires September 1, 2025 Owner -Initiated Annexation Service Agreement 12 of 20 MGM 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 re, 191, 2025, by K. Taylor Baird, as Manager of PMB I20 TIC Manager LLC, a Texas limited liability company, the Manager of MGM I20 TIC LLC, a Texas limited liability company, on behalf of said entities. By: Not 2ublic, of Texas A1" °ue JEFFREY RICH CAGNINA JR Notary ID # 133309105 ' My Commission Expires a OF September 1, 2025 a Owner -Initiated Annexation Service Agreement 13 of 20 BAIRD I20 TIC LLC, a Texas limited liability company By: PMB I20 TIC Manager LLC, a Texas limited liability company, its Manager By:� L� Name: K. Taylor Baird Title: Manager State of Texas § County of Dallas § This instrument was acknowledged before me on the rd- ay of 2025, by K. Taylor Baird, as Manager of PMB I20 TIC Manager LLC, a Texas limited liability company, the Manager of Baird I20 TIC LLC, a Texas limited liability company, on behalf of said entities. By: Nota ublic, State of Texas *a `P e^ JEFFREY RICH CACNINA A y4' Notary ID .4-133309105 i MY Commission Expires r ��csE September 1, 2025 j Owner -Initiated Annexation Service Agreement 14 of 20 PINCOFFS I20 TIC LLC, a Texas limited liability company By: PMB I20 TIC Manager LLC, a Texas limited liability company, its Manager By: �V�� z - , Name: K. Taylor Baird Title: Manager State of Texas § County of Dallas § This instrument was acknowledged before me on the 0-day of I'�/��y , 2025, by K. Taylor Baird, as Manager of PMB I20 TIC Manager LLC, a Texas limited liability company, the Manager of Pincoffs I20 TIC LLC, a Texas limited liability company, on behalf of said entities. By: 01 No Public, State of Texas �o�?av °�e, JEFFREY RICH CAGNINA JR � Notary ID X133309105 >\ oFfi` MY Commission Expires W W _SePtWmber�1, 2025 _ Owner -Initiated Annexation Service Agreement 15 of 20 PMB I20 LAND GP LLC, a Texas limited liability company By: Name: K. Taylor Baird Title: Manager State of Texas § County of Dallas § This instrument was acknowledged before me on the 26 "'day of �L� / 2025, by K. Taylor Baird, as Manager of PMB I20 Land GP LLC, a Texas limited liability company, on behalf of said entity. By: Nota ublic, State of Texas �aRY P4B JEFFREY RICH CAGNINA JR _- x° Notary ID #133309105 My Commission Expires September 1, 2025 Owner -Initiated Annexation Service Agreement 16 of 20 O N O my 1RGNSYOFO��C2�12a 1g,5♦ "5/$ � E N EE W p1N RF too <� } �> (ail e� OT" o JAMES F ELLIOTT SURVEY 1 t^ < "1XDOT ABSTRACT No. 495 w z L2 +,TXpOT" APPROXIMATE SURVEY LINE tn LA L "TXDOT' MCKINNEY & ��pp m a �TXDOT'° W WILLIAMS SURVEY N a POINT OF ? ABSTRACT O,�V� 0 350 700 w m mo a 3/ BEGINNING 5/8"IRF TRACT 4 r No. 1 1 1 7 J I PMB I-20 LAND LP i 56�� H V LUDIE T of �N C.C.# D221321297 PARTNERSHIP LTD O.P.R.T.C.T. N C.C.# D207134957 10 <� O.P.R.T.C.T. a c 3._ J m SJRJ�� GO 61.5 186.090 ACRES (8,106,063 SO. FEET) x _ DETAIL "A" = G o I ; I R��o. / (NOT TO SCALE) \ _ p G V- J a m a b i SEE ,p "A„ < �0 �1gb�g a \ DETAIL ,0 56� WAL-MART STORES r� WEST 1570.73' �2 EAST, LP 4 C.C.# D223062321 _ 4 a I uD O.P.R.T.C.T. \ / LINE BEARING DISTANCE LINE BEARING DISTANCE ` 3 L1 N37'50'50"E 190.19, L12 S67'24'30"W 184.17' a L2 N84'23'12% 479.03' L13 S73'20'50"W 250.67' LEGEND i. L3 N79'42'12% 484.19' L14 N16'39'10"W 34.85' 5/8- CAPPED IRON ROD F' L4 N78'40'12% 564.65' L15 S61'28'27"W 27.51' STAMPED "LJA SURVEYING" ALEbO ROAD v� i L5 N76'25'12"E 650.69' L16 N71'51'11"W 10.00' UNLESS OTHERWISE NOTED (PRESCRIPTIVE L6 S84'40'48"E 105.94' L17 N28'36'26"W 45.33' IRF IRON ROD FOUND I �I III L7 N76'05'00"E 579.82' L18 S61'23'34"W 80.00' "TXDOT" TXDOT MONUMENT L8 S27'40'00"E 161.05' 119 S28'35'13"E 10.52' C.C.# COUNTY CLERK FILE No. 1-9 N61'28'02"E 39.96' L20 S28'36'48"E 34.78' O.P.R.T.C.T. OFFICIAL PUBLIC RECORDS, LOT 2, BLOCK 1 L10 S28'31'58"E 656.01' L21 S17'52'44"W 10.00' TARRANT COUNTY, TEXAS VENTANA PUMP L11 S28'31'58"E 493.82' L22 S81'56'26"W 76.60 P•R.T.C.T. PLAT RECORDS, STATION ADDITION TARRANT COUNTY, TEXAS C.C.# D217023262 CURVE CENTRAL AN RADIUS CHORD BEARING CHORD LENGTH ARC LENGTH P.R.T.C.T. Cl 214'40'13" 50.00, N48'03'38"W 95.46' 187.34' C2 13'37'24" 460.00' S70'21'11"W 109.12' 109.38' C3 3'17'00" 460.00' S88'21'29"W 26.36' 26.36' DATE: 11/26/2024 EXHIBIT 11 A 11 A PAGE 4 IDRWN BY: S.A.T. WA Surveying, Inc. ANNEXATION EXHIBIT 3017 West7lh Street Phone 8172881900 CHKD BY: A.C.B. IN CH RR CO SURVEY, ABSTRACT No. i THE JAMES F EWOTTSURVEY, Sutle 370 OE 4 ABSTRACTNo. 495 AND THE MCIBNNEY&WIWAMS SURVEY, Fort Worth, Texas 75107 TBPELS Firm No 10194382 PROJ NO. 0170 ABSTRACT No. 1117 IN TARRANT COUNTY, Tom x y I EXHIBIT A Continued METES AND BOUNDS DESCRIPTION BEING A TRACT OF LAND SITUATED IN THE G H & H RR CO SURVEY, ABSTRACT NO. 623, THE JAMES F. ELLIOTT SURVEY, ABSTRACT NO.495, AND THE MCKINNEY & WILLIAMS SURVEY, ABSTRACT NO. 1117, TARRANT COUNTY, TEXAS, AND BEING A PORTION OF THERE MAIN DER OF ATRACT OF LAND DESCRIBED AS TRACT 4 TO PMB I-20 LAND LP BY DEED RECORDED IN COUNTY CLERK FILE NO. D221321297 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 "LJA SURVEYING" FOUND (HEREINAFTER REFERRED TO AS A "CAPPED IRON ROD FOUND") ON THE EAST RIGHT-OF-WAY LINE OF R.M. HIGHWAY NO. 2871 (A VARIABLE WIDTH RIGHT-OF-WAY) FORTHE WESTERNMOST NORTHWEST CORNER OF SAID PMB 1-20 LAND TRACT, FROM WHICH THE NORTHEAST CORNER OF LOT 2, BLOCK 1, VENTANA PUMP STATION ADDITION, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS AS SHOWN BY PLAT RECORDED IN COUNTY CLERK FILE NO. D21703262, PLAT RECORDS OF TARRANT COUNTY, TEXAS BEARS SOUTH 02°07'21" WEST, A DISTANCE OF 4854.00 FEET, THENCE NORTH 37°50'50" EAST, WITH SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 190.19 FEET TO A TXDOT MONUMENT FOUND ON THE SOUTH RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 20 (A VARIABLE WIDTH RIGHT-OF-WAY); THENCE WITH SAID SOUTH RIGHT-OF-WAY LINE,THE FOLLOWING COURSES AND DISTANCES: NORTH 84°23'12" EAST, A DISTANCE OF 479.03 FEETTO A TXDOT MONUMENT FOUND; NORTH 79°42'12" EAST, A DISTANCE OF 484.19 FEETTO A TXDOT MONUMENT FOUND; NORTH 78°40'12" EAST, A DISTANCE OF 564.65 FEETTO A TXDOT MONUMENT FOUND; NORTH 76°25'12" EAST, A DISTANCE OF 650.69 FEETTO A TXDOT MONUMENT FOUND; NORTH 76°02'12" EAST, A DISTANCE OF 1515.45 FEETTO A CAPPED IRON ROD FOUND; SOUTH 84°40'48" EAST, A DISTANCE OF 105.94 FEETTO ATXDOT MONUMENT FOUND; NORTH 76°05'00" EAST, A DISTANCE OF 579.82 FEETTO A TXDOT MONUMENT FOUND; SOUTH 27°40'00" EAST, A DISTANCE OF 161.05 FEETTO A 5/8-INCH IRON ROD FOUND; NORTH 61°28'02" EAST, A DISTANCE OF 39.96 FEETTO A CAPPED IRON ROD FOUND FOR THE NORTH COMMON CORNER OF SAID PMB 1-20 LAND TRACT AND A TRACT OF LAND DESCRIBED TO H V LUDIE PARTNERSHIP LTD BY DEED RECORDED IN COUNTY CLERK FILE NO. D207134957 OF SAID OFFICIAL PUBLIC RECORDS; THENCE WITH THE COMMON LINE OF SAID PMB 1-20 LAND TRACT AND SAID H V LUDIE TRACT, THE FOLLOWING COURSES AND DISTANCES: SOUTH 28°31'58" EAST, A DISTANCE OF 656.01 FEETTO A CAPPED IRON ROD FOUND; SOUTH 61°28'02" WEST, A DISTANCE OF 1598.30 FEETTO A CAPPED IRON ROD FOUND; SOUTH 28°31'58" EAST, A DISTANCE OF 184.17 FEETTO THE NORTHEAST CORNER OF A TRACT OF LAND DESCRIBED TO WAL-MARTSTORES EAST, LP BY DEED RECORDED IN COUNTY CLERK FILE NO. D2230623210F SAID OFFICIAL PUBLIC RECORDS; THENCE WITH THE NORTHERLY LINE OF SAID WAL-MART STORES EASTTRACT, THE FOLLOWING COURSES AND DISTANCES: SOUTH 61°28'10" WEST, A DISTANCE OF 1441.04 FEET, Page 1 of 4 Owner -Initiated Annexation Service Agreement 18 of 20 EXHIBIT A Continued METES AND BOUNDS DESCRIPTION SOUTH 67°24'30" WEST, A DISTANCE OF 184.17 FEET, SOUTH 73°20'50" WEST, A DISTANCE OF 250.67 FEET; NORTH 16°39'10" WEST, A DISTANCE OF 34.85 FEETTO THE BEGINNING OF A NON -TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 50.00 FEET AND A CHORDTHAT BEARS NORTH 48°03'38" WEST, 95.46 FEET, THENCE OVER AND ACROSS SAID PMB 1-20 LAND TRACT, THE FOLLOWING COURSES AND DISTANCES: WITH SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 214°40'13", AN ARC -DISTANCE OF 187.34 FEET, SOUTH 61°28'27" WEST, A DISTANCE OF 27.51 FEET; NORTH 71°51'11" WEST, A DISTANCE OF 10.00 FEET, NORTH 28°36'26" WEST, A DISTANCE OF 45.33 FEET, SOUTH 61°23'24" WEST, A DISTANCE OF 80.00 FEET; SOUTH 28°35'13" EAST, A DISTANCE OF 10.52 FEET, SOUTH 28°36'48" EAST, A DISTANCE OF 34.78 FEET, SOUTH 17°52'44" WEST, A DISTANCE OF 10.00 FEETTO THE BEGINNING OF A NON -TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 460.00 FEET AND A CHORD THAT BEARS SOUTH 70°21'11" WEST, 109.12 FEET; WITH SAID CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 13°37'24", AN ARC -DISTANCE OF 109.38 FEETTO THE SOUTH LINE OF SAID PMB 1-20 LAND TRACT, THENCE SOUTH 81°56'26" WEST, WITH SAID SOUTH LINE, A DISTANCE OF 76.60 FEETTO THE BEGINNING OF A NON -TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 460.00 FEET AND A CHORD THAT BEARS SOUTH 88°21'29" WEST, 26.36 FEET; THENCE WITH SAID CURVE TO THE RIGHT, OVER AND ACROSS SAID PMB 1-20 LAND TRACT, THROUGH A CENTRAL ANGLE OF 3°17'00", AN ARC -DISTANCE OF 26.36 FEET, THENCE WEST, CONTINUING OVER AND ACROSS SAID PMB 1-20 LAND TRACT, A DISTANCE OF 1570.73 FEETTO THE WEST LINE OF SAME TRACT, Page 2 of 4 Owner -Initiated Annexation Service Agreement 19 of 20 EXHIBIT A Continued METES AND BOUNDS DESCRIPTION THENCE NORTH 00'20'10" WEST, WITH SAID WEST LINE, A DISTANCE OF 1694.27 FEET TO THE POINT OF BEGINNING AND CONTAINING A CALCULATED AREA OF 186.090 ACRES (8,106,063 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 22TAC §663.21, DOES NOT REFLECT THE RESULTS OF AN ON THE GROUND SURVEY, AND IS NOTTO BE USED TO CONVEY OR ESTABLISH INTERESTS IN REAL PROPERTY EXCEPTTHOSE RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BYTHE CREATION OR RECONFIGURATION OF THE BOUNDARY OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS PREPARED. Aaron C. .P.L.S. Registered Professional Land Surveyor Texas Registration No. 6702 LJA Surveying, Inc. 3017 West 7th Street, Suite 300 Fort Worth, Texas 76107 817-288-1900 TBPELS Firm No. 10194382 Page 3 of 4 November 26, 2024 p \STEM° -4' AARON C. BROWN ° 6702 _ . Owner -Initiated Annexation Service Agreement 20 of 20 City of Fort Worth, Texas Mayor and Council Communication DATE: 04/22/25 M&C FILE NUMBER: M&C 25-0320 LOG NAME: 06AX-24-017 ROCKBROOK P3 — 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 186.090 Acres of Land and 69.067 Acres of Farm -to -Market Road 2871 and Interstate Highway 20, in Tarrant County, Known as the Rockbrook P3, Located Southeast of Interstate Highway 20 and Farm -to- Market Road 2871 Intersection, in the Far West Planning Sector, AX-24-017 (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 M&C) RECOMMENDATION: It is recommended that the City Council: 1. Conduct a public hearing for the proposed owner -initiated annexation of approximately 186.090 acres of land and 69.067 acres of Farm -to - Market Road 2871 and Interstate Highway 20, in Tarrant County, known as Rockbrook P3, located southeast of the 1-20 and FM 2871 intersection, as shown on Exhibit A; 2. Authorize execution of a municipal services agreement between the City of Fort Worth and 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"); and 3. Adopt an ordinance annexing AX-24-017 for full purposes. 1]610111*1Is] ►F On December 6, 2024, property owners 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 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 and situated within Veale Ranch. The owner -initiated annexation, which is approximately 255.157 acres, is consistent with the urban development annexation criteria as established by the City's Annexation Policy. 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." According to the development agreement, the Owner shall request full purpose annexation upon submitting preliminary subdivision plats pursuant to the procedure for development of the property. Preliminary Plat PP-23-056 was submitted December of 2023. The subject area is currently agricultural and vacant land. The property owner proposes the site for industrial development as a data center. 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. The related zoning case (ZC-24-162) was heard by the Zoning Commission on March 12, 2025. The Commission voted unanimously, 11-0, to recommend approval of the requested zoning district of "K" Heavy Industrial. This related zoning case is on this April 22, 2025, City Council agenda for consideration. The Commission considered its recommendation to City Council so that the annexation and zoning could be considered concurrently at the same City Council meeting. The site is currently in the City's Certificate of Convenience and Necessity (CCN). However, this site is not included in the City's 20-year Planned Service Area. 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 P3 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- 24-017 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