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Home My WebLink About064206 - Construction-Related - Contract - Double Eagle TH, LLCCSC No. 64206 MUNICIPAL SERVICES AGREEMENT BETWEEN THE CITY OF FORT WORTH, TEXAS AND DOUBLE EAGLE TH, LLC This Municipal Services Agreement (''Agreement") is entered into on 21st day of, October , 2025 by and between the City of Fort Worth, Texas, a home-rule municipality of the State of Texas, ("City")andDOUBLE EAGLE TII. LLC ("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 DENTON County, Texas, which consists of approximately 50.3121 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-25-004 (''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 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, Owner-Initiated Annexation Service Agreement 1 of 10 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. Emer e�ncy 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. Plannin� 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, swunming 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 Buildin�s. 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 (includin,� 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. 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 Owner-Initiated Annexation Service Agreenient 2 of 10 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 2001inear 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 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 Owner-Initiated Annexation Service Agreenient 3 of 10 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 Agreenient 4 of 10 CITY OF FORT WORTH By:� Name: Jesica L. McEachem Title: Assistant City Manager Approved as to Form and Legality: By: �J�� Name: Melinda Ramos Title: Deputy City Attorney Approval: M&C: 25-0955 Ordinance No. 28074-10-2025 Owner-Initiated Annexation Service Agreement Attest: � A �By:_��--------- Name: Jannette S. Goodall Title: City Secretary 5 of 10 State of Texas County of Tarrant § § . . 29th October This mstrument was acknowledged before me on the __ day of _____ __, 2025, by Jesica L. McEachem, Assistant City Manager of the City of Fort Worth, a Texas municipal corporation, on behalf of said corporation. By: 7iif'7-f3=,,, Notary Public, State of Texas Owner-Initiated Annexation Service Agreement ,,�v "u� TIFFANY BACON J�<''Cl Notary Public • • STATE OF TEXAS i @� Notary I.D. 128261860 :i!o, M Comm. Exp. Jan. 20, 2027 6 of 10 DOUBLE EA Hr L G�;% '6' � - t""-,�% '` %G'��----- B : r^.� '"� ��. Name: J. D. Salazar Title: Mana�er of TH Lo�istics Fund I Mana�er LLC State of Illinois C�in� o�' Cook This instrument was acknowledged before me on the �� day of/��/, 2025, by J. D. Salazar, istics �und 1 M; on behalf o� said Double Eagle TH, LLC. By: _ Notary Pub OFFICiAI SEAL MINDAUGqg VENCKF� TE oF r�i�+�a�s RES: 03/03/2027 / i - �� Owner-[nitiated Annexation Service Agreement 7 of 10 EXHIBIT A LEGEND 0 = CENTRAL ANGLE P.O.B. = POINT OF BEGINNING IRSC = 5/8" IRON ROD W/ "KHA" CAP SET IRFC = IRON ROD W/CAP FOUND XF = "+�� CUT FOUND O � � � � � � � U ¢ � �fJ � m�a N � �r� w � �wm io � p�� v �` J F" N U � O o Z � � �pa> ; U r o a N � N ^ � w 6 0 m Q � ¢ z z � O Z h � p � � Q � J � Z -� G �- � � H. C. SL ORN 6 W. L SLOAN SURVEY ABSTRACT IYO. ?533 TEXAN DRIVE — �,&fd.E.P�_T.WI F.,,BAGHT,,O.E..:NAY. . _ ,_�. �. �,. i'� �S89°35'13"E�1085.65' ' �' IRSC IRSC 5�8" IRF BEARS N222]'E13' CITY OF FORT WORTH ETJ PLEASAIYT M. SM1TH SURVEY ABSTRACT NO. 1170 DOUBLE EAGLE TH LLC (INST. NO. 2022-76698) 50.3121 ACRES 2,191,595 SQ. FT. 1/2" IRFC "BSLS10194160" S12°40'48"W- 144.01' NORTH 0 125 250 � GRAPH IC SCALE IN FEET LOT 1, BLOCK 1 NORTHWEST I.S.D. ADDITION (CAB. U, PG. 188� S12°33'30"W 252.80' � CITY OF FORT WORTH � �-� CHURCH OF LATTER-DAY SAINTS QNST. NO. 2019-1360) AWMINUMDISCFOUND I � °r�orRovv� BRASS DISC FOUND �S12°56'46"W p y 394.60' O �� O JEFFJUDGE Q � (INST. NO. 2016-2471) � � AWMINUM DISCFOUND � "TXDOT ROW' o � N89°37'55"E 509.08' � � e r � p? e � ALUMINUM DISC FOUND � co`�o _ / � p � � M N d' � � � // � ry � o nwMiNUMoiscFouNo V 4 v ��y� °rxoorRow� U47 � 4 v � � � � � � � � � � � � � �'� MATCHLINE- SEE SHEET 2 ANNEXATION EXHIBIT PLEASANT M. SMITH SURVEY, ABSTRACT No. 1170 CITY OF FORT WORTH ETJ DENTON COUNTY, TEXAS Owner-Initiated Annexation Servicc Agreenient 8 of 10 EXHIBIT A Continued LEG�NO 4 = CENTRAL ANGLE P.0.8. = POINT OF BEGINNING NORTH IRSC = 518" IRON ROD WI "KHA" CAP SET IRFC = IRON R�D WICAP FOUN� XF = "+^ CUT FOUND � �25 250 � �liATCHLINE - SEE SHEET 3 ��PHic sca�E w FEer � � � � � � � � � � � � � � � � � � � � YLtASAN! M. SM1AITH SIIRVEY i� ABSTftACT NO. ??70 � � v � r� rn ;' b V� o �OUBLE EAGLE TH LLC �-� ��^� � `� (INST. NO, 2022-76698) �`�' m Q � � ti �r`' ��=O � o ° � ' � 50.3121 ACRES �� o �� 2,191,595 SQ. FT. � � �;;�d o�? �Z � ti � , 0 6`' 1 a � oo�a � � '��' � °' ��' � c.i ' O G 4` ��`' �' ."S x Q . ti �5 •,`L �1,�°' �`� w ti Z V G� � i� � irz" iRFc ar � Q- f,� "HALFF" � � � �'i ,rz�• iRFc w � I� � !$� .' HALFF" � � o i co � '� �� / h � �� 0 2 / � � � ��° / Z� 4 . h� �� P � �°' � �,r s�°� r �� x� NO �pP� � �Qt� ��° / �°� moo n° s J �0 o Na��" � �o�.� ��8 / n'; o`� ,� oo�o' _ — ��v�P��E"' o o" � p ,�`� � ,� °�,o � � � � P.O.B. � `PJP / Q� � I Ov ��r� � 1 m�' �' PART OF OMAS L PETERSDN 5 � f� - (VDL 1365, PG. 391) � 1 '/ NOTES � 1 Bearing syslem based on the Texas Coordinate System of 1983 (2011 adjustm�nt), North Central Zone (4202). A metes and bounds description of even survey date herewith accompanies this survey plat. The undersigned, Registered Professional Land Surveyor, hereby certifies that this survey plal accurately sets oul the metes and bo�nds of lhe annexation trec# o��2si2o2s STANLEY CRAWFORD RUSSELL REGI57ERED PROFESSIONAL LANQ SURVEYOR NO. 7080 110 N. COLLEGE AVENUE, SUITE 1800 TYLER,TEXAS75702 PH. 903-617-5839 StanC.Russel I@Kimiey-Harn.com ti LEY CRAWFOR� F , ..................., A 7080 �o � �A.'_: E s s 5 �,f: ANNEXATION EXHIBIT PLEASANT M. SM1TH SURVEY, ABSTRACT No. 1170 CITY OF FORT WORTH ETJ DENTON COUNTY, TEXAS Owner-Initiated Annexation Service Agreenient 9 of 10 EXHIBIT A Continued LEGAL DESCRIPTION ANNEXATION EXHIBIT BEING a 50,3121 acre (2,191,595 square faot) traci of land sfWaled fn the P.M. Smflh Survey, Abstract No. 1170, Cfly of Fort Worth Extraterritorial Jurisdiction, Denton County, Texas, said tract being all of that tract of land described in Special Warranty Deed to Double Eagle TH LLC recorded in InsUument No_ 2022-76698 of the Offiicial Public Records of Denton Counly; Texas, said tract being more particularly described as folEows, BEGINNING at a"+° cut in concrete found in the northwest right-of-way line of Blue Mound Road (FM Road No_ 156) (a 210-foot wide right-of-way, at lhis paint�; said point being fhe sautheast corner of Lot 1, Block 1, Wilson Addition, an addition to the City of Fart Worth according to tha plat recorded in Instrument No. 202�-191 of said Official Public Records; THENCE North 00°27'46" Easl, departing the said northwest line of Blue Mound Road and along the east line of said Lot 1, to and along the east line of Lof 1R. Block 1, Nortf�west I.S.D. Addilion, an addiYion to the City of Fort Worth according to the plal recorded in Cabfnet U. Page 1BB of the Plat Records of Denton County, 7exas, a distance of 2,259.38 feet lo a 5I8-inch iron rod with "KHA° cap set for comer in the south right-of-way line af Texan Drlve (an 80-foot wide right-of-way); THENCE South 89°35'13" East, along the said south line of Texan �rive, a distance of 1,085.65 feet to a 5!8-inch iron rod wfth "KHA" cap sel for comer, from said point a 5I8-inch iron rod found bears Norlh 22°27' East. a distance of 1.3 feet; THENCE along the east line of said �ouble Eagle TH LLC tract, lhe following five (5) calls: Soulh 12°33'3D" West, a dislance of 252.80 feet to a 1I2-inch iron rod with "BSLS 10194160" cap found for corner; Soulh 12°40'48" West, a dislance of 144A1 feet to a brass disc faund for corner, Soulh 12°56'46" West, a dislance of 394_60 feet to an aluminum disc found for corner; North 89°37'S5" East, a distance of 509 08 feet to an aluminum disc stamped "TXDOT RpW' found for corner at the beginning of a non-tangent curoe to the right with a radius of 2,19183 feet, a central angle of 56°13'33", and a chord bearing and distance of South 44°07'04" West, 2,065.62 feet; said poinl being in the said narthwest line of Bluemound Road; In a southwesterly direction, with the said northwesl line of Bluemound Road and with said non-tangent curve to the right, an arc dfstance of 2,1 W.89 feet to the PO[NT OF BEGINNING and contafnfng 2,191,595 square feel or 50,3121 acres of land, more or less. NOTES Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202). A survey plat of even survey date herewfth accompanies lhfs metes and bounds descriptfon. The undersigned, Registered Professional Land Surveyor, hereby ceriiPies that the foregoing description accura#ely sets out lhe metes and bounds of the annexa#ion tract o��2si2o2s STANLEY CRAWFORD RUSSELL REGI57ERED PROFESSIONAL LANQ SURVEYOR NO. 7080 110 N. COLLEGE AVENUE, SUITE 1800 TYLER, TEXAS 75702 PH. 903-617-5839 StanC.Russel I@Kimiey-Harn.com LEY CRAWFOR� , .................. A_ 7080 ANNEXATION EXHIBIT PLEASANT M. SM1TH SURVEY, ABSTRACT No. 1170 CITY OF FORT WORTH ETJ DENTON COUNTY, TEXAS Owner-Initiated Annexation Service Agreenient 10 of 10 City of Fort Worth, Mayor and Texas Council Communication DATE: 10/21/25 M&C FILE NUMBER: M&C 25-0955 LOG NAME: 06AX-25-004 DOUBLE EAGLE TH, LLC — OWNER INITITATED SUBJECT (Future CD 10) Conduct a Public Hearing, Authorize Execution of a Municipal Services Agreement and Consider Adopting an Ordinance for the Proposed Owner-Initiated Annexation of Approximately 50.3121 Acres of Land, Approximately 13.3960 Acres of Blue Mound Road (Farm-to- Market Road 156), and Approximately 3.5542 Acres of BNSF Railway in Denton County, Known as Double Eagle TH, LLC., Located West of Blue Mound Road and South of Highway 114, in the Far North Planning Sector, AX-25-004 (PUBLIC HEARING - a. Staff Available for Questions: LaShondra Stringfellow 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 50.3121 acres of land, approximately 13.3960 acres of Blue Mound Road (Farm-to-Market Road 156), and approximately 3.5542 acres of BNSF Railway in Denton County, known as Double Eagle TH, LLC., located west of Blue Mound Road and south of Highway 114, as shown on Exhibit A; 2. Authorize execution of a municipal services agreement between the City of Fort Worth and property owner, Double Eagle TH, LLC; and 3. Adopt an ordinance annexing AX-25-004 for full purposes. DISCUSSION: On July 29, 2025, representatives for the property owner for pouble Eagle TH, LLC, 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 Denton County. The site is located west of Blue Mound Road and south of Highway 114. The owner-initiated annexation, which is approximately 50.3121 acres of land, approximately 13.3960 acres of Blue Mound Road (Farm-to-Market Road 156), and approximately 3.5542 acres of BNSF Railway is consistent with the urban development annexation criteria as established by the City's Annexation Policy. The subject area is currently agricultural and vacant land. The property owner proposes the land use for the site to be industrial development. The future land use map in the 2023 Comprehensive Plan designates the property as "General Commercial". Per Subdivision Ordinance, Section 31- 2(b)(1), the City Plan Commission is required to study and make a recommendation on proposals for voluntary annexations that are inconsistent with the Comprehensive Plan. On September 3, 2025, the City Plan Commission voted unanimously to recommend changing the future land use designation from "General Commercial" to "Light Industrial" to be consistent with the proposed use. On September 10, 2025, the related zoning case (ZC-25-148) was heard by the Zoning Commission, and the commission voted to recommend approval of the requested "I/AO" Light Industrial with Airport Overlay zoning to the City Council. This related zoning case requesting "I/AO" Light Industrial with Airport Overlay as the base zoning district for the property is on the October 21, 2025, City Council agenda for consideration. The site is currently in the City's Certificate of Convenience and Necessity (CCN). This site is 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 the 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 the level of service contemplated or projected in the area. The City will also provide operation and maintenance of water and wastewater facilities; roads and streets, including road and street lighting; and of any other publicly owned facility, building, or service in the annexed area. The proposed uses were considered while assessing the financial impact on the General Fund. The city tax revenue is expected to have a positive fiscal impact over the next 10 years after the proposed development has been built. Based on the operating costs projected by the Police, Code Compliance and Transportation and Public Works Departments, the fiscal impact shows that the City is expected to make a return on public investment by the first year and a positive impact will continue thereafter. Due to the area meeting the City's annexation criteria and the positive fiscal impact over the next 10 years, staff recommends approval of the requested owner-initiated annexation, AX-25-004. Section 43.0673 in Subchapter C-3 of Chapter 43 of the Texas Local Government Code (LGC), requires a municipality that elects to annex an area upon the request of an owner to provide notice of public hearings on the proposed annexation. Notice was posted on the City of Fort Worth Annexation webpage on Wednesday, October 1, 2025, and was published in the Fort Worth Star-Telegram on Friday, October 10, 2025. Additional notices were sent certified mail to public entities to include Denton and Tarrant Appraisal Districts, Emergency Services District No. 1, Denton County Administrator, Northwest Independent School District and public utilities. The City Council will conduct a public hearing on the proposed annexation. The public hearing provides for persons interested in the annexation the opportunity to be heard. After the City Council has conducted the one required public hearing, the Council may close the hearing and vote on authorizing the City Manager to execute the Municipal Services Agreement between the City and property owner and to adopt an ordinance annexing this property. Upon approval of the annexation request, the property will become part of COUNCIL DISTRICT 10. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached ordinance, the annexation will have a long-term positive impact on the General Fund. Submitted for City Manager's Office bk Jesica McEachern 5804 Originating Business Unit Head: D.J. Harrell 8032 Additional Information Contact: LaShondra Stringfellow 6214 Leo Valencia 2497 Expedited