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HomeMy WebLinkAbout065600 - Construction-Related - Contract - Beaten Path Development-Boat Club, LLCCity Secretary Contract No. PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF FORT WORTH, TEXAS AND BEATEN PATH DEVELOPMENT -BOAT CLUB, LLC THIS PRE -ANNEXATION AGREEMENT ("Agreement") is made and entered by and between the City of Fort Worth, Texas, a home rule municipal corporation ("City") situated in portions of Tarrant, Denton, Johnson, Parker, and Wise Counties, acting by and through its duly authorized Assistant City Manager, and Beaten Path Development -Boat Club, LLC, a Texas limited liability company ("Owner"); the City and Owner each a "party and, collectively, the "parties", effective upon execution by both parties (the "Effective Date"). 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, Owner is the sole owner of certain land situated in Tarrant County, Texas, which consists of approximately 88.035 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"); and WHEREAS, the Property is located within the City's certificate of convenience and necessity ("CCN") for water service and is not located within a CCN for wastewater service; and WHEREAS, the Property is not presently contiguous to the City; and WHEREAS, Owner intends to develop the Property for residential purposes and has requested that the City provide retail water and wastewater service to the Property; and WHEREAS, pursuant to the City's water policy, all property to receive such services should be within the corporate limits of the City or the Owner should agree to be annexed into the corporate limits of the City when the Property becomes contiguous to the City; and WHEREAS, Owner desires to petition the City to annex the property into the City, pursuant to Subchapter C-3, Chapter 43 of the Texas Local Government Code, at the time certain conditions are met in accordance with Section 3; and WHEREAS, the parties have the authority to enter into this Agreement under state law, including, Section 212.172 of the Texas Local Government Code; WHEREAS, the annexation and execution of this Agreement are subject to approval by the Fort Worth City Council; and WHEREAS, the parties agree that this Pre -Annexation Agreement BEATEN PATH DEVELOPMENT -BOAT CLUB, LLC Agreement constitutes a "permit" within the C;MCIAC, RECORD CITY -SECRETARY _ Page. I of 7 FT. WORTH, TX meaning of Chapter 245, Texas Local Government Code. 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 more particularly described and set forth in Exhibit A. 2. ANNEXATION. It is the intent of the City and Owner that this Agreement for the Property to be annexed when the Property becomes contiguous to the City shall allow for the provision of water and wastewater service to the Property in accordance with the City's annexation policy and state law, and as set forth more specifically in Section 4. As a condition of said provision of water and wastewater service, the City may annex the Property upon it becoming contiguous and adjacent to the corporate limits of the City in accordance with Chapter 43 of the Texas Local Government Code. The formal Petition/Consent for Annexation is attached hereto as Exhibit B and made a part hereof. No further consent of Owner shall be required for the City to annex said property at some time in the future upon it becoming contiguous and adjacent to the City's corporate limits. Upon the request of the City, the Owner shall execute all applications and documentation required by Texas law. 3. MUNICIPAL SERVICES. This Agreement shall allow for the City to provide retail water and wastewater services to the Property for all uses allowed in Paragraph 5(b) below, the City's annexation policy and state law, and as set forth more specifically herein. As a condition of said provision of water and wastewater services, the City and Owner agree that final plats for any portion of the Property shall not be recorded in the Tarrant County plat records except in accordance with Section 4. Unless otherwise provided herein, the City shall, immediately upon the effective date of annexation of all or any part of the Property, make available to and provide such property with all such other municipal services offered within the City at the time of annexation, including, without limitation, solid waste, fire, police and emergency services, paving and storm sewer maintenance and those other services which may be offered in the future, without discrimination. 4. DEVELOPMENT PROCESS. (a) Plat Approval. Subdivision of the Property or any portion thereof shall require approval of plats by the City's Plan Commission in accordance with the City's Subdivision Ordinance in effect as of the Effective Date. (b) Water Development Study Required. Owner shall submit a water study outlining the requirements to serve the Property in accordance with the City's Design Criteria. As part of the submitted water study, the Property will be required to show the need for the construction of two parent projects for the Property before any water service will be available. These projects will carry a parent -child relationship with the onsite water improvements for the development of the Property. While construction of the onsite water improvements (the "water child projects") can begin before construction of the water parent projects has begun, the water child projects will not be accepted by the City and be allowed to be used until construction of the Water Parent Projects is completed and the Water Parent Projects have been accepted by the City. The two "Water Parent Projects" are: Pre -Annexation Agreement Page 2 of 7 BEATEN PATH DEVELOPMENT -BOAT CLUB, LLC (1) 54" Northside III Extension from Eagle Mountain Water Treatment Plant to US 287 (the "54-inch Main"); and (2) 24" Northside III Extension from approximately the future intersection of Cibolo Hills and Fleming Ranch to Morris Dido Newark, a length of approximately 16,000 feet (the "24-inch Main"). In order to receive water service via the main lines installed pursuant to the Water Parent Projects, Owner will be required to pay its pro rata share of the construction costs for such main lines in accordance with applicable City ordinances. With the exception of the Water Parent Projects, no other offsite improvements will be required for the provision of water service to the Property. The City estimates that the 54-inch Main will not be constructed until the end of 2028. The 24-inch Main is being constructed by a developer and the City has no estimate on when it will be constructed. Notwithstanding the foregoing, the City makes no promises or guarantees on when the Water Parent Projects will be constructed. Developer understands and agrees that water service cannot be provided by the City to the Property until the Water Parent Projects are constructed and accepted by the City. Liability and Inde`nnircation. DEVELOPER COVENANTS AND AGREES TO, AND BY THESE PRESENTS DOES HEREBY FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM ALL SUITS, ACTIONS OR CLAIMS OF ANY CHARACTER, WHETHER REAL OR ASSERTED, BROUGHT FOR OR ONACCOUNT OFANY INJURIES OR DAMAGES SUSTAINED BY ANYPERSONS, OR TO ANYPROPERTY, INCL UDINGANYLOST PROFITS OR DELAYS, RESULTING FROM OR IN CONNECTION WITH THE CONSTRUCTION, ACCEPTANCE, OR THE TIMING OF THE CONSTRUCTION AND ACCEPTANCE, OF THE WATER PARENT PROJECTS. (c) Water and Wastewater Infrastructure. Owner shall design and construct, or cause the design and construction of, all onsite water and onsite wastewater infrastructure required to serve the Property in accordance with City standards. Construction of water and wastewater infrastructure shall not commence until (i) the plans and specifications have been reviewed and approved for compliance with City standards; (ii) the applicable standard plan review fees and Community Facilities Agreement ("CFA") related fees have been paid; (iii) a CFA has been executed in accordance with the City's Community Facilities Agreement Ordinance; and (iv) a pre -construction conference has been held by the contractor hired to construct such infrastructure and representatives of the City's Water Department. Notwithstanding anything herein to the contrary, the City and Owner acknowledge and agree that Owner shall be permitted to connect to the sewer main constructed or to be constructed by the City along Morris Dido Newark/Boat Club and that if such system is pressurized, the Property's onsite system will also be partially pressurized. (d) Sewer Lift Station: No private lift stations will be allowed. If required or desired by Owner in connection with the tie-in to a force main, a single public lift station will be permitted. Pre -Annexation Agreement Page 3 of 7 BEATEN PATH DEVELOPMENT -BOAT CLUB, LLC All lots shall be served with a gravity sewer. The site for the public lift station, if any, shall be a location agreed upon by Owner and the City. All costs associated with the gravity sewer and sewer lift station, if any, including land acquisition, design, and construction of the gravity sewer and lift station will be the sole responsibility of Owner. (e) Dedication of Water and Wastewater Infrastructure to the City. After receiving City's final acceptance of water infrastructure or wastewater infrastructure, the City shall have full ownership, control and maintenance obligations for such infrastructure, including, without limitation, any onsite lift station and force main required to. connect to the City's main sewer line. (f) Dedication of Sewer Easement for Regional Improvements: The Owner, at its sole cost, shall be required to dedicate to the City a 20-foot-wide permanent sewer easement along Morris Dido Newark Road, along with a I0-foot-wide temporary construction easement, as generally shown on Exhibit D to be used by the City for the construction of regional wastewater improvements. (g) Roads and Stormwater Infrastructure. Roads and appurtenant stormwater infrastructure constructed within the Property shall be constructed in accordance with City Standards in effect on the Effective Date. Owner will, if required by the Texas Department of Transportation, dedicate right-of-way for FM 1220 in connection with platting the Property. Owner shall have no obligation to design and construct, or pay any costs for the design and construction of, road improvements for FM 1220 unless such improvements are required by the Texas Department of Transportation. The foregoing provision shall not apply to any improvements necessary to the portion of Boat Club Road located on the southern boundary of the Property that is not designated as FM 1220. (h) Oversizing of Water and Wastewater Infrastructure. If requested by the City, Owner shall oversize water or wastewater infrastructure to exceed the capacity needed to serve the Property, provided the City reimburses its pro rata portion of all costs for such infrastructure in accordance with the City's Unit Price Ordinance No. 23657-05-2019, as amended, within thirty (30) days of invoice receipt. (i) Backflow Permits, Inspections. Domestic or irrigation backflow should be obtained through City's permitting software for domestic and/or irrigation backflow installation in connection with the City's provision of water to the lots developed on the Property. Each property owner of a developed lot will need to comply with the City's annual backflow testing requirements (See Fort Worth City Code Section 12.5-532, Testing of Assemblies). 0) Drilling Setbacks. Owner's development of the Property shall comply with a three hundred foot (300') drill site setback from the wellhead as shown on the Conceptual Plan. (k) Landscaping, Buffers and Urban Forestry. Owner acknowledges and agrees that City's Chapter 6, Article 3: Landscaping, Buffers and Urban Forestry Ordinance, Fort Wort City Code, shall apply to Owner's commercial development of the Property, if developed prior to annexation. This City shall not otherwise impose any tree mitigation and/or tree preservation requirements or fees or other similar conservation requirements or fees on Owner in connection with the Property. Pre -Annexation Agreement Page 4 of 7 BEATEN PATH DEVELOPMENT -BOAT CLUB, LLC (1) Wastewater Service. Developer understands the need for the construction of two parent projects for the Property before any wastewater service will be available. These projects will carry a parent -child relationship with the onsite wastewater improvements for the development of the Property. While construction of the onsite wastewater improvements (the "wastewater child projects") can begin before construction of the wastewater parent projects has begun, the child projects will not be accepted by the City and be allowed to be used until construction of the Parent Projects is completed and the Wastewater Parent Projects have been accepted by the City. The two "Wastewater Parent Projects" are: (1) La Frontera Lift Station; and (2) Boat Club Road gravity sewer line. In order to receive wastewater service via the Wastewater Parent Projects, Owner will be required to pay its pro rata share of the construction costs for the Wastewater Parent Projects in accordance with applicable City ordinances. With the exception of the Wastewater Parent Projects, no other offsite improvements will be required for the provision of wastewater service to the Property. The City estimates that the La Frontera Lift Station and the Boat Club Road gravity sewer line will not be constructed until the end of 2028. Notwithstanding the foregoing, the City makes no promises or guarantees on when the Wastewater Parent Projects will be constructed. Developer understands and agrees that wastewater service cannot be provided by the City to the Property until the Wastewater Parent Projects are constructed and accepted by the City. Liability and Indemnification. DEVELOPER COVENANTS AND AGREES TO, AND BY THESE PRESENTS DOES HEREBY FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM ALL SUITS, ACTIONS OR CLAIMS OF ANY CHARACTER, WHETHER REAL OR ASSERTED, BROUGHT FOR OR ONACCOUNT OF ANY INJURIES OR DAMAGES SUSTAINED BY ANYPERSONS, OR TOANYPROPERTY, INCLUDINGANYLOSTPROFITS OR DELAYS, RESULTING FROM OR IN CONNECTION WITH THE CONSTRUCTION, ACCEPTANCE, OR THE TIMING OF THE CONSTRUCTION AND ACCEPTANCE, OF THE WASTEWATER PARENT PROJECTS. 5. PERMITTED USES; ZONING (a) Owner is authorized to develop the Property with all uses permitted in the "A-43 One Family, "A-5" One Family and "E" Neighborhood Commercial zoning classifications as generally shown on the conceptual plan (the "Conceptual Plan") attached hereto as Exhibit C and in accordance with the City's Subdivision Ordinance in effect as of the Effective Date; provided, however, the parties acknowledge and agree that the Conceptual Plan is not drawn to scale and boundary lines and lots sizes may be adjusted as long as such adjustments comply with the zoning classifications and generally conform to the Conceptual Plan. (b) Concurrently with annexation of the Property by the City, Owner shall submit an application to zone the Property "A-43" One Family, "A-5" One Family and "E" Neighborhood Pre -Annexation Agreement Page 5 of 7 BEATEN PATH DEVELOPMENT -BOAT CLUB, LLC Commercial as generally shown on the Conceptual Plan. Ordinances proposing to annex and zone the Property shall be considered at the same City Council meeting. (c) The Owner acknowledges that while the requested zoning will be supported by staff, this Agreement does not in any way guarantee that the City Council will grant the Owner the particular zoning requested. The parties agree, notwithstanding approval by the City Council of the requested zoning, the buildings and site improvements existing at the time of annexation are legal nonconforming and use of said Property can continue pursuant to applicable law, including without limitation Section 43.002 of the Texas Local Government Code. 6. WATER AND WASTEWATER SERVICES. The City will provide water and wastewater services in accordance with this Agreement and in a manner that is consistent with its policies and procedures in effect and in compliance with Chapter 35 of the City Code. Owner will be responsible for the costs of the establishment and/or improvement of the onsite water and wastewater delivery systems necessary to serve the Property in accordance with this Agreement. The City shall provide water and wastewater service to the Property at the rates applicable outside the City limits until the City annexes the Property and thereafter shall provide such services at in - city rates. 7. WATER CONSERVATION COMPLIANCE. Each lot should comply with City's water conservation plan and measures that are generally applicable to the City's retail water customers as long as the water connection is to City's water system. 8. PARK AND OPEN SPACE. Owner shall deed approximately 6.4 acres within the Property (as generally shown on the Conceptual Plan, the "Park") to the homeowners association established for the Property and plat it with a public access easement. The Park shall be improved as a Neighborhood Park per the City's Neighborhood and Community Park Dedication Policy prior to annexation. The Park shall be dedicated to the City at the time of annexation. Provided that the Park is improved and dedicated in accordance with this Agreement, no additional dedications of land and/or payment of parkland, open space or similar fees shall be required of Owner in connection with the Property. 9. INFRASTRUCTURE MAINTENANCE; ENGINEER'S CERTIFICATE PRIOR TO ANNEXATION. Upon the completion by Owner of the road and stormwater infrastructure within the Property and prior to full purpose annexation, the County shall maintain in good working order in accordance with accepted standards, all streets and drainage facilities (with the exception of bar ditches to be maintained by the Property's homeowners association) to be conveyed or otherwise dedicated to the City at full purpose annexation. The County or its successors or assigns shall engage a licensed professional engineer to inspect and provide a certificate to the City at full purpose annexation, which certificate shall solely state that the streets and drainage facilities within the Property are in good condition and will not reasonably be expected to require major repairs, major rehabilitation, or full reconstruction within the five-year period following full purpose annexation. 10. VESTED RIGHTS. This Agreement shall constitute a "permit" under Chapter 245 of the Texas Local Government Code that is deemed filed with the City on the Effective Date. Owner does not, by entering into this Agreement, waive any rights or obligations arising under Chapter 245 of the Texas Local Government Code during the term of this Agreement. Owner .Pre -Annexation Agreement Page 6 of 7 'BEATEN PATH DEVELOPMENT -BOAT CLUB, LLC acknowledges and agrees however, that upon expiration or termination of this Agreement, all rights under Chapter 245 with regard to the Property shall terminate. 11. TERMINATION. Owner shall be permitted to terminate this Agreement and withdraw its request for annexation by delivering written notice of such termination and withdrawal to the City at any time prior to the City's actual provision of water and wastewater services to the Property. Upon the request of either party following such termination, Owner, County and the City will execute and record a written termination of this Agreement in the real property records of Tarrant County, Texas. 12. AUTHORITY. City, County 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 annexation of the Property is within the sole jurisdiction of the City Council. Nothing in this Agreement guarantees favorable decisions by the City Council. 13. 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. 14. 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. 15. 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 accordance with the provisions of Texas Local Government Code Chapter 43 and Section 212,171, et seq. 16. NO WAIVER. The failure of either party to insist upon the performance by the other party of any provision of this Agreement or to exercise any right granted hereunder shall not constitute a waiver thereof, and that party shall have the right at any time thereafter to insist upon performance of any and all provisions of this Agreement or to exercise any such right on any future occasion. 17. 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. 18. 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. 19. 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. 20. AGREEMENT BINDS SUCCESSORS AND RUNS WITH THE LAND; Pre -Annexation Agreement Page 7 of 7 BEATEN PATH DEVELOPMENT -BOAT CLUB, LLC APPLICABILITY TO LOT OWNERS. Pursuant to the requirements of Section 212.172(c), Texas Local Government Code, Owner shall record this Agreement, and all amendments to this Agreement, in the Real Property Records of Tarrant County, Texas, and shall provide a file -marked copy of the recorded Agreement to the Development Services Director within ten (10) days after its execution. This Agreement shall be binding upon the Property, the City, County, Owner, any Lender that has become an Assignee, and any other Assignee, and their respective successors and assigns. The Parties agree that this Agreement benefits and burdens the Property and touches and concerns the Property. The rights and obligations under this Agreement are intended to be covenants running with the Property. This Agreement constitutes consent to annexation in accordance with Chapter 43, Subchapter C-3 of the Texas Local Government Code. 21. EXHIBITS. The following Exhibits are attached hereto and incorporated herein for all purposes: Exhibit A: Property Description Exhibit B: Petition/Consent for Annexation Exhibit C: Conceptual Plan Exhibit D: Sewer Easement 22. 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 Effective Date. [signature pages folloiv] Pre -Annexation Agreement Page 8 of 7 BEATEN PATH DEVELOPMENT -BOAT CLUB, LLC ATTEST: CITY OF FORT WORTH 41 g__-)04LV City Secretary Aoa�G®R r -QMana Burghdof Assi t t City Manager 01 0 A.'0 o-b 7t3i 000000000 APPROVED AS TO FO ANND o �d LEGALITY: `Q i� O° °°° a °°leX a aan�n �X A�•o. Richard A. McCracken Assistant City Attorney Approvals: M&C 26-0426 (6/9/26) Form 1295: 2025-1284583 STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me, on the3t day of t , 2026, by Dana Burghdoff, Assistant City Manager of the City of Fort Worth, Texas on ehalf of said City. Jessica Fawver My commiel'on Expiroa + 90/012029 Notary ID05535933 Pre -Annexation Agreement BEATEN PATH DEVELOPMENT -BOAT CLUB, LLC Not blic, State of Texas Printed Name: 0ts;S f G0 _ F O-W V-C, V My Commission Expires: 10 t3 — )­02,1 t F4rlCUA , RECORD FT, `iA/ORTH, TX Page 9 of 7 OWNER BEATEN PATH DEVELOPMENT -BOAT CLUB, LLC, a Texas limited liability company By: Beaten Path Development, LLC, a Texas limited liability company Its Manager By: OCH Enterprises, LLC, a Texas limited liability company Its Sole Member By:� Dustin Austin, Manager Date: 1 ''t-'j(0 STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me, on theol-day of , 2026, by 4 Dustin Austin, Manager of OCH Enterprises, LLC, a Texas limited liabili company, the Sole Member of Beaten Path Development, LLC, a Texas limited liability company, the manager of Beaten Path Development -Boat Club, LLC, a Texas limited liability company, on behalf of said limited liability company. pud, ALISHA MCINTYRE Notary ID #12190274 My Commission Expires July 25, 2028 Pre -Annexation Agreement BEATEN PATH DEVELOPMENT -BOAT CLUB, LLC ubi�� %%& Notary Public, State of Texas Printed Name: �40nmp_ My Commission Expires: Page 10 of 7 EXHIBIT A Legal description of property [SEE ATTACHED] EXHIBIT A METES & BOUNDS DESCRIPTION BEING A 93.075 ACRE TRACT OF LAND SITUATED IN THE THOMAS T. BAILEY SURVEY, ABSTRACT No. 154, TARRANT COUNTY, TEXAS, AND BEING A PORTION OF THAT TRACT OF LAND DESCRIBED TO BEATEN PATH DEVELOPMENT -BOAT CLUB, LLC BY DEED RECORDED IN COUNTY CLERKS FILE No. D224017884, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS, AND BEING ALL OF THOSE LOTS 1-4, BLOCK A, T.J. BAILEY ADDITION, AN ADDITION TO TARRANT COUNTY, TEXAS, AS SHOWN BY PLAT RECORDED IN CABINET A, SLIDE 11872, PLAT RECORDS, TARRANT COUNTY, TEXAS, AND ALSO BEING ALL OF THOSE LOTS 1-4, BLOCK B, T.J. BAILEY ADDITION, AN ADDITION TO TARRANT COUNTY, TEXAS, AS SHOWN BY PLAT RECORDED IN CABINET A, SLIDE 11874 OF SAID PLAT RECORDS, SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT 1/2-INCH CAPPED IRON ROD STAMPED "DUMAS SURVEYING" ON THE NORTH RIGHT- OF-WAY LINE OF BOAT CLUB ROAD (A VARIABLE WIDTH RIGHT-OF-WAY) AND BEING THE COMMON SOUTH CORNER OF SAID TEXAS CAPITALIZATION TRACT AND A TRACT OF LAND DESCRIBED TO JOHN D. BARBER BY DEED RECORDED IN COUNTY CLERK FILE No. D210019172 OF SAID OFFICIAL PUBLIC RECORDS; THENCE WITH SAID NORTH RIGHT-OF-WAY LINE, THE FOLLOWING COURSES AND DISTANCES: NORTH 81°34'32" WEST, A DISTANCE OF 730.61 FEET TO A 1/2-INCH CAPPED IRON ROD STAMPED "WEIR ASSOC" FOUND FOR THE SOUTHEAST CORNER OF LOT 4, BLOCK A, OF SAID T.J. BAILEY ADDITION; NORTH 81°34'53" WEST, A DISTANCE OF 583.06 TO A 3/8-INCH IRON ROD FOUND FOR THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 2672.50 FEET AND A CHORD THAT BEARS NORTH 86°53'26" WEST, 538.60 FEET; WITH SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 11°34'00", AN ARC -DISTANCE OF 539.51 FEET; SOUTH 87°19'34" WEST, A DISTANCE OF 619.20 FEET TO A 1/2-INCH IRON ROD FOUND FOR THE SOUTHWEST CORNER OF LOT 4, BLOCK B, OF SAID T.J. BAILEY ADDITION, FROM WHICH A 1/2- INCH IRON ROD FOUND FOR THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED AS TRACT 1 TO MARLA L. SLOAN BY DEED RECORDED IN COUNTY CLERK FILE No. D208428112 OF SAID OFFICIAL PUBLIC RECORDS BEARS SOUTH 87°09'00" WEST, A DISTANCE OF 300.28 FEET; THENCE NORTH 00°35'10" WEST, WITH THE WEST LINE OF SAID TEXAS CAPITALIZATION TRACT, A DISTANCE OF 581.66 FEET TO A 60D NAIL FOUND FOR A REENTRANT CORNER OF SAME TRACT, SAME BEING THE NORTHEAST CORNER OF A TRACT OF LAND DESCRIBED AS TRACT 4 TO MARLA L. SLOAN BY DEED RECORDED IN COUNTY CLERK FILE No. D208428112 OF SAID OFFICIAL PUBLIC RECORDS; THENCE SOUTH 87°18'25" WEST, WITH THE NORTH LINE OF SAID TRACT 4, A DISTANCE OF 300.01 FEET TO A 5/8-INCH IRON ROD FOUND FOR THE WEST COMMON CORNER OF SAID TRACT 4 AND SAID TEXAS CAPITALIZATION TRACT; THENCE NORTH 00°33'44" WEST, WITH THE WEST LINE OF SAID TEXAS CAPITALIZATION TRACT, A DISTANCE OF 815.55 FEET TO A 1-INCH PIPE IN CONCRETE FOUND FOR THE WESTERNMOST NORTHWEST CORNER OF SAME TRACT; THENCE NORTH 59°35'19" EAST, WITH THE NORTHWEST LINE OF SAID TEXAS CAPITALIZATION TRACT, A DISTANCE OF 1096.70 FEET TO A 1/2-INCH CAPPED IRON ROD STAMPED "DUMAS SURVEYING" FOUND FOR THE NORTHERNMOST NORTHWEST CORNER OF SAME TRACT; THENCE NORTH 89°44'58" EAST, WITH THE NORTH LINE OF SAID TEXAS CAPITALIZATION TRACT, A DISTANCE OF 616.19 FEET TO A 5/8-INCH CAPPED IRON ROD STAMPED "UA SURVEYING" SET; METES & BOUNDS DESCRIPTION THENCE SOUTH 14°08'19" EAST, OVER AND ACROSS SAID TEXAS CAPITALIZATION TRACT, A DISTANCE OF 509.94 FEET TO A 3-INCH METAL FENCE POST; THENCE NORTH 89°39'39" EAST, A DISTANCE OF 489.73 FEET TO A 5/8-INCH CAPPED IRON ROD STAMPED "UA SURVEYING" SET ON THE WEST RIGHT-OF-WAY LINE OF F.M. HIGHWAY No. 1220 (A VARIABLE WIDTH RIGHT-OF-WAY), FROM WHICH A 1/2-INCH CAPPED IRON ROD STAMPED "GULLETT" FOUND FOR THE NORTHEAST CORNER OF SAID TEXAS CAPITALIZATION TRACT BEARS NORTH 14°04'36" WEST, A DISTANCE OF 509.03 FEET; THENCE WITH SAID WEST RIGHT-OF-WAY LINE, THE FOLLOWING COURSES AND DISTANCES: SOUTH 14°04'36" EAST, A DISTANCE OF 467.46 FEET TO A 5/8-INCH CAPPED IRON ROD STAMPED "UA SURVEYING" SET FOR THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 1195.77 FEET AND A CHORD THAT BEARS SOUTH 31°41'33" EAST, 723.78 FEET; WITH SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 35°13'58", AN ARC -DISTANCE OF 735.31 FEET TO A 5/8-INCH CAPPED IRON ROD STAMPED "UA SURVEYING" SET; SOUTH 49°18'32" EAST, A DISTANCE OF 344.84 FEET TO A 5/8-INCH CAPPED IRON ROD STAMPED "UA SURVEYING" SET FOR THE EASTERNMOST SOUTHEAST CORNER OF SAID TEXAS CAPITALIZATION TRACT; THENCE SOUTH 24°59'59" WEST, WITH THE SOUTHEAST LINE OF SAID TEXAS CAPITALIZATION TRACT, A DISTANCE OF 383.87 FEET TO THE POINT OF BEGINNING AND CONTAINING A GROSS CALCULATED AREA OF 93.075 ACRES (4,054,347 SQ. FEET) OF LAND, SAVE AND EXCEPT THE FOLLOWING DESCRIBED 5.040 ACRE TRACT OF LAND FOR A NET CALCULATED AREA OF 88.035 ACRES (3,834,805 SQ. FEET) OF LAND. SAVE AND EXCEPT: BEING A 5.040-ACRE TRACT OF LAND SITUATED IN THE THOMAS T. BAILEY SURVEY, ABSTRACT No. 154, TARRANT COUNTY, TEXAS, AND BEING A PORTION OF THAT TRACT OF LAND DESCRIBED TO BEATEN PATH DEVELOPMENT -BOAT CLUB, LLC BY DEED RECORDED IN COUNTY CLERKS FILE No. D224017884, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 1/2-INCH IRON ROD WITH CAP STAMPED "DUMAS SURVEYING" FOUND FOR THE SOUTHEAST CORNER OF SAID BOAT CLUB, LLC TRACT, SAME BEING ON THE NORTH RIGHT-OF-WAY LINE OF BOAT CLUB ROAD (A VARIABLE WIDTH RIGHT-OF-WAY); THENCE NORTH 81°34'32" WEST, WITH SAID NORTH RIGHT-OF-WAY, A DISTANCE OF 353.74 FEET; THENCE NORTH 08°22'21" EAST, DEPARTING SAID NORTH RIGHT-OF-WAY, A DISTANCE OF 684.09 FEET TO THE BEGINNING OF A NON -TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 1,195.77 FEET AND A CHORD THAT BEARS SOUTH 44°06'03" EAST, 217.08 FEET, SAME BEING ON THE SOUTH RIGHT -OF WAY OF F.M. HIGHWAY 1220 (A VARIABLE WIDTH RIGHT-OF-WAY); THENCE WITH SAID CURVE TO THE LEFT AND SAID RIGHT-OF-WAY THROUGH A CENTRAL ANGLE OF 10°24'57", AN ARC -DISTANCE OF 217.38 FEET TO A FOUND 5/8-INCH IRON ROD WITH CAP STAMPED "UA SURVEYING"; THENCE SOUTH 49°18'32" EAST, WITH SAID SOUTH RIGHT-OF-WAY, A DISTANCE OF 344.84 FEET TO A FOUND 5/8-INCH IRON ROD WITH CAP STAMPED "UA SURVEYING"; METES & BOUNDS DESCRIPTION THENCE SOUTH 24°59'59" WEST, DEPARTING SAID SOUTH RIGHT-OF-WAY, A DISTANCE OF 383.87 FEET TO THE POINT OF BEGINNING AND CONTAINING A CALCULATED AREA OF 5.040 ACRES (219,542 SQ. FEET) OF LAND, PRELIMINARY, THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE AND SHALL NOT BE USED OR VIEWED OR RELIED UPON AS A FINAL SURVEY DOCUMENT EXHIBIT B PETITION REQUESTING ANNEXATION BY AREA LANDOWNERS TO THE MAYOR AND CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: The undersigned owner petitions the City of Fort Worth to annex the property described in Attachment 1 (the "Property"); into the City's corporate limits when the Property becomes contiguous to the City, in accordance with Subchapter C-3 of Chapter 43 of the Texas Local Government Code. The undersigned certifies that this petition is signed by each and every owner of the Property. BEATEN PATH DEVELOPMENT -BOAT CLUB, LLC, a Texas limited liability company By: Beaten Path Development, LLC, a Texas limited liability company Its Manager By: OCH Enterprises, LLC, a Texas limited liability company Its Sole Member By: Dustin Austin, Manager EXHIBIT B Attachment 1 EXHIBIT B METES & BOUNDS DESCRIPTION BEING A 93.075 ACRE TRACT OF LAND SITUATED IN THE THOMAS T. BAILEY SURVEY, ABSTRACT No. 154, TARRANT COUNTY, TEXAS, AND BEING A PORTION OF THAT TRACT OF LAND DESCRIBED TO BEATEN PATH DEVELOPMENT -BOAT CLUB, LLC BY DEED RECORDED IN COUNTY CLERKS FILE No. D224017884, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS, AND BEING ALL OF THOSE LOTS 1-4, BLOCK A, T.J. BAILEY ADDITION, AN ADDITION TO TARRANT COUNTY, TEXAS, AS SHOWN BY PLAT RECORDED IN CABINET A, SLIDE 11872, PLAT RECORDS, TARRANT COUNTY, TEXAS, AND ALSO BEING ALL OF THOSE LOTS 1-4, BLOCK B, T.J. BAILEY ADDITION, AN ADDITION TO TARRANT COUNTY, TEXAS, AS SHOWN BY PLAT RECORDED IN CABINET A, SLIDE 11874 OF SAID PLAT RECORDS, SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 1/2-INCH CAPPED IRON ROD STAMPED "DUMAS SURVEYING" ON THE NORTH RIGHT- OF-WAY LINE OF BOAT CLUB ROAD (A VARIABLE WIDTH RIGHT-OF-WAY) AND BEING THE COMMON SOUTH CORNER OF SAID TEXAS CAPITALIZATION TRACT AND A TRACT OF LAND DESCRIBED TO JOHN D. BARBER BY DEED RECORDED IN COUNTY CLERK FILE No. D210019172 OF SAID OFFICIAL PUBLIC RECORDS; THENCE WITH SAID NORTH RIGHT-OF-WAY LINE, THE FOLLOWING COURSES AND DISTANCES: NORTH 81°34'32" WEST, A DISTANCE OF 730.61 FEET TO A 1/2-INCH CAPPED IRON ROD STAMPED "WEIR ASSOC" FOUND FOR THE SOUTHEAST CORNER OF LOT 4, BLOCK A, OF SAID T.J. BAILEY ADDITION; NORTH 81°34'53" WEST, A DISTANCE OF 583.06 TO A 3/8-INCH IRON ROD FOUND FOR THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 2672.50 FEET AND A CHORD THAT BEARS NORTH 86'53'26" WEST, 538.60 FEET; WITH SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 11°34'00", AN ARC -DISTANCE OF 539.51 FEET; SOUTH 87°19'34" WEST, A DISTANCE OF 619.20 FEET TO A 1/2-INCH IRON ROD FOUND FOR THE SOUTHWEST CORNER OF LOT 4, BLOCK B, OF SAID T.J. BAILEY ADDITION, FROM WHICH A 1/2- INCH IRON ROD FOUND FOR THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED AS TRACT 1 TO MARLA L. SLOAN BY DEED RECORDED IN COUNTY CLERK FILE No. D208428112 OF SAID OFFICIAL PUBLIC RECORDS BEARS SOUTH 87*09'00" WEST, A DISTANCE OF 300.28 FEET; THENCE NORTH 00°35'10" WEST, WITH THE WEST LINE OF SAID TEXAS CAPITALIZATION TRACT, A DISTANCE OF 581.66 FEET TO A 60D NAIL FOUND FOR A REENTRANT CORNER OF SAME TRACT, SAME BEING THE NORTHEAST CORNER OF A TRACT OF LAND DESCRIBED AS TRACT 4 TO MARLA L. SLOAN BY DEED RECORDED IN COUNTY CLERK FILE No. D208428112 OF SAID OFFICIAL PUBLIC RECORDS; THENCE SOUTH 87°18'25" WEST, WITH THE NORTH LINE OF SAID TRACT 4, A DISTANCE OF 300.01 FEET TO A 5/8-INCH IRON ROD FOUND FOR THE WEST COMMON CORNER OF SAID TRACT 4 AND SAID TEXAS CAPITALIZATION TRACT; THENCE NORTH 00°33'44" WEST, WITH THE WEST LINE OF SAID TEXAS CAPITALIZATION TRACT, A DISTANCE OF 815.55 FEET TO A 1-INCH PIPE IN CONCRETE FOUND FOR THE WESTERNMOST NORTHWEST CORNER OF SAME TRACT; THENCE NORTH 59°35'19" EAST, WITH THE NORTHWEST LINE OF SAID TEXAS CAPITALIZATION TRACT, A DISTANCE OF 1096.70 FEET TO A 1/2-INCH CAPPED IRON ROD STAMPED "DUMAS SURVEYING" FOUND FOR THE NORTHERNMOST NORTHWEST CORNER OF SAME TRACT; THENCE NORTH 89°44'58" EAST, WITH THE NORTH LINE OF SAID TEXAS CAPITALIZATION TRACT, A DISTANCE OF 616.19 FEET TO A 5/8-INCH CAPPED IRON ROD STAMPED "LJA SURVEYING" SET; METES & BOUNDS DESCRIPTION THENCE SOUTH 14°08'19" EAST, OVER AND ACROSS SAID TEXAS CAPITALIZATION TRACT, A DISTANCE OF 509.94 FEET TO A 3-INCH METAL FENCE POST; THENCE NORTH 89'39'39" EAST, A DISTANCE OF 489.73 FEET TO A 5/8-INCH CAPPED IRON ROD STAMPED "UA SURVEYING" SET ON THE WEST RIGHT-OF-WAY LINE OF F.M. HIGHWAY No. 1220 (A VARIABLE WIDTH RIGHT-OF-WAY), FROM WHICH A 1/2-INCH CAPPED IRON ROD STAMPED "GULLETT" FOUND FOR THE NORTHEAST CORNER OF SAID TEXAS CAPITALIZATION TRACT BEARS NORTH 14°04'36" WEST, A DISTANCE OF 509.03 FEET; THENCE WITH SAID WEST RIGHT-OF-WAY LINE, THE FOLLOWING COURSES AND DISTANCES: SOUTH 14°04'36" EAST, A DISTANCE OF 467.46 FEETTO A 5/8-INCH CAPPED IRON ROD STAMPED "UA SURVEYING" SET FOR THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 1195.77 FEET AND A CHORD THAT BEARS SOUTH 31°41'33" EAST, 723.78 FEET; WITH SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 35°13'58", AN ARC -DISTANCE OF 735.31 FEET TO A 5/8-INCH CAPPED IRON ROD STAMPED "UA SURVEYING" SET; SOUTH 49°18'32" EAST, A DISTANCE OF 344.84 FEET TO A 5/8-INCH CAPPED IRON ROD STAMPED "UA SURVEYING" SET FOR THE EASTERNMOST SOUTHEAST CORNER OF SAID TEXAS CAPITALIZATION TRACT; THENCE SOUTH 24°59'59" WEST, WITH THE SOUTHEAST LINE OF SAID TEXAS CAPITALIZATION TRACT, A DISTANCE OF 383.87 FEET TO THE POINT OF BEGINNING AND CONTAINING A GROSS CALCULATED AREA OF 93.075 ACRES (4,054,347 SQ. FEET) OF LAND, SAVE AND EXCEPT THE FOLLOWING DESCRIBED 5.040 ACRE TRACT OF LAND FOR A NET CALCULATED AREA OF 88.035 ACRES (3,834,805 SQ. FEET) OF LAND. SAVE AND EXCEPT: BEING A 5.040-ACRE TRACT OF LAND SITUATED IN THE THOMAS T. BAILEY SURVEY, ABSTRACT No. 154, TARRANT COUNTY, TEXAS, AND BEING A PORTION OF THAT TRACT OF LAND DESCRIBED TO BEATEN PATH DEVELOPMENT -BOAT CLUB, LLC BY DEED RECORDED IN COUNTY CLERKS FILE No. D224017884, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 1/2-INCH IRON ROD WITH CAP STAMPED "DUMAS SURVEYING" FOUND FOR THE SOUTHEAST CORNER OF SAID BOAT CLUB, LLC TRACT, SAME BEING ON THE NORTH RIGHT-OF-WAY LINE OF BOAT CLUB ROAD (A VARIABLE WIDTH RIGHT-OF-WAY); THENCE NORTH 81°34'32" WEST, WITH SAID NORTH RIGHT-OF-WAY, A DISTANCE OF 353.74 FEET; THENCE NORTH 08°22'21" EAST, DEPARTING SAID NORTH RIGHT-OF-WAY, A DISTANCE OF 684.09 FEET TO THE BEGINNING OF A NON -TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 1,195.77 FEET AND A CHORD THAT BEARS SOUTH 44°06'03" EAST, 217.08 FEET, SAME BEING ON THE SOUTH RIGHT -OF WAY OF F.M. HIGHWAY 1220 (A VARIABLE WIDTH RIGHT-OF-WAY); THENCE WITH SAID CURVE TO THE LEFT AND SAID RIGHT-OF-WAY THROUGH A CENTRAL ANGLE OF 10-24'57", AN ARC -DISTANCE OF 217.38 FEET TO A FOUND 5/8-INCH IRON ROD WITH CAP STAMPED "UA SURVEYING"; THENCE SOUTH 49°18'32" EAST, WITH SAID SOUTH RIGHT-OF-WAY, A DISTANCE OF 344.84 FEETTO A FOUND 5/8-INCH IRON ROD WITH CAP STAMPED "UA SURVEYING"; METES & BOUNDS DESCRIPTION THENCE SOUTH 24°59-59" WEST, DEPARTING SAID SOUTH RIGHT-OF-WAY, A DISTANCE OF 383.87 FEET TO THE POINT OF BEGINNING AND CONTAINING A CALCULATED AREA OF 5.040 ACRES (219,542 SQ. FEET) OF LAND. PRELIMINARY, THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE AND SHALL NOT BE USED OR VIEWED OR RELIED UPON AS A FINAL SURVEY DOCUMENT •c • h CS, I d► Is �c �..�:� �. :,X , r-.�-vim, y! •� .. 25' GAS WELL PIPELINE EASEMENT .: z -- EAGLE MOUNTAIN PLANT ROAL PARK �/-6.4 ACRES PROPOSED BERMS 'I J LINDE PLANT` I (; oh o• 11111111111 � r 1111111 111�\G 1111111111�� BOAT CLUB ROAD j ;o-�, �,,`,* icy` < i �'' �• v �s �—' ' lye' I 5 COMMERCIAL +/-1.2 ACRES 1 COMMERCIAL -1.4 ACRES 25' R, O.W. DEDICATION t - 300' GAS WELL BUFFER p , • '� - 25' GAS WELL PIPELINE EASEMENT r p %IK r . PRELIMINARY LOT COUNT TABLE 1ACREAGEIPERCENTAGE ' FA' X 170' S9.R ACRES 685% ] ACRC COMMLR(IAl S.OACRES 5.7% F. SI'AUa 93AERLs 9.9% vaRXs ROW 30.oaCREs 15.9A TOTAL LOT eR.: ACRES I — CONCEPTUAL PLAN EXHIBIT C , --�,.�'ca unor raRr waRmnr. unwrtm�vrc,n ^„�, 0 150 300 600 FEET \ d Zill FLop, .' e 2�0' SANITARYi ISEWER EASEMENT MORRIS DIDO NEWARKI ROAD � 10' TEMPORARY LINDE PLANT CONSTRUCTION EASEMENT BOAT CLUB TRACT EXHIBIT C Conceptual Plan EXHIBIT C i i 25' GAS WELL PIPELINE EASEMENT >w \ EAGLE MOUNTAIN PLANT RC"^ J F -1PROPOSED BERMS. rli .r .I LINDE PLANT,,-. I A1\ O O =� COMMERCIAL ,1� \• +/.1.2 ACRES 1 COMMERCIAL +/-1.4 ACRES 1. 25' R.O.W. DEDICATION �Y r BOAT CLUB ROAD j h �{��L^ A,�,� zi < _ - 300 GAS WELL BUFFER . to, j, > �;/ r. F m 25GAS WELL �E rw PIPELINE EASEMENT fir E .!4 xE .' +.,►1 � .;v-- - - PRELIMINARY LOT COUNTTA6LE I AL Yy �• �►, •y� ' i ' RESIDENTIALTYPE ACREAGE PERCENTAGE • - A. j 1 *'• r 60'X 12T 59.8 AC RES 69.5X ( f �� a 1�44ff�E�1 �+ryf „ ' 1 ACRE Com—cIAE 5.-CRES 5.7% 1�PfPmixnF& 5.3ACNf5 9.5X i �„ •�i r ww 14.—REI 159X -•�( y1a \�L TOTAL LOT ER. A'_KI 1u f 1 Al�\ CONCEPTUAL PLAN EXHIBIT C EXHIBIT D Sewer Easement EXHIBIT D 0 150 300 600 FEET � _ - ono . ,�. .•.. 20' SANITARY 0�� / ` %* I (SEWER, EASEMENT 41 MORRIS DIDO NEWARK ROAD //,' ,�, + •� 10' TEMPORARY /p !+p �►�c••t �� / LINDE PLANT CONSTRUCTION L i I /'—T 1 iTi i Jr EXHIBIT -G- D BOAT CLUB TRACT - LJA E.qj—dng, Ine. LIA 60601k6,*dE,},, -y Phone 469.621.0710 2 Sul 400 I'M, 1�`-� x: i� ,dbs. T.— 7520 FRN-F-1366 FORTWORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Beaten Path Develpment-Boat Club, LLC Subject of the Agreement: Pre -Annexation Agreement M&C Approved by the Council? * Yes 8 No ❑ If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No B If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes 8 No ❑ If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 8 If only specific information is Confidential, please list what information is Confidential and the page it is located. N/A Effective Date: Date Executed by all Parties If different from the approval date. Expiration Date: N/A If applicable. Is a 1295 Form required? * Yes ® No ❑ *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. N/A *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes ® No ❑ Contracts need to be routed for CSO processing in the following order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department. 7/28/26, 5:02 PM M&C Review CITY COUNCIL AGENDA Official site of the City of Fort Worth, Texas FORT WORTH Create New From This M&C REFERENCE **M&C 26- 06PRE-ANNEXATION: BEATEN DATE: 6/9/2026 NO.: 0426 LOG NAME: PATH DEVELOPMENT -BOAT CLUB, LLC CODE: L TYPE: CONSENT PUBLIC NO HEARING: SUBJECT. (ETJ - Future CD 7) Authorize Execution of a Pre -Annexation Agreement with Beaten Path Development -Boat Club, LLC, for Approximately 88.035 Acres of Land Located in Fort Worth's Extraterritorial Jurisdiction in Tarrant County RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a pre - annexation agreement between the City of Fort Worth and Beaten Path Development -Boat Club, LLC for property located in Fort Worth's extraterritorial jurisdiction in Tarrant County. DISCUSSION: The purpose of this Mayor and Council Communication is to authorize execution of a pre -annexation agreement with Beaten Path Development -Boat Club, LLC, for approximately 88.035 acres of land. Beaten Path Development -Boat Club, LLC is the owner of a parcel of real property comprised of approximately 88.035 acres of land, as depicted on the attached map Exhibit A, hereinafter called (the Property), located within Tarrant County. The Property is located in the extraterritorial jurisdiction (ETJ) of the City of Fort Worth (City). Though the property is close to the City it is not presently contiguous to the City limits. The address for the pre -annexation is 9951 Morris Dido Newark Road (FM 1220). The Property is currently vacant and is proposed for residential and commercial uses. The Property is located within the City's Certificate of Convenience and Necessity (CCN) for water service. The Owner of the property has requested, and the City has agreed, subject to the terms, conditions, and limitations set forth in the Pre -Annexation Agreement (Agreement), that the City shall provide water service to the property. In consideration of the City providing retail water service, the Owner will petition the City to annex the Property pursuant to Subchapter C-3, Chapter 43 of the Texas Local Government Code upon such time as the Property becomes contiguous to the City. Annexation of the property is consistent with the City's annexation policy criteria for urban development. The Agreement will be entered into pursuant to Section 212.172 of the Texas Local Government Code. The Agreement will run with the land and is binding upon the City and the Owner or the Owner's respective successors and assigns. The Agreement will be recorded in the Real Property Records of Tarrant County. The property is located in the extraterritorial jurisdiction adjacent to COUNCIL DISTRICT 7. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that approval of this recommendation will have no material effect on City funds. TO Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year I (Chartfield 2) apps.cfwnet.org/counciI_packet/mc_review.asp?ID=34469&counciIdate=6/9/2026 1/2 7/28/26, 5:02 PM FROM M&C Review Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year Chartfield 2) Submitted for City Manager's Office by_ Originating Department Head: Additional Information Contact: Jesica McEachern (5804) D.J. Harrell (8032) Stephen Murray (6226) Leo Valencia (2497) ATTACHMENTS 1295 Form.pdf (CFW Internal) Conceptual Plan.pdf (Public) M&C Exhibit (Beaten -Path Development -Boat Club, LLC).pdf (Public) apps.cfwnet.org/counciI_packet/mc_review.asp?ID=34469&counciIdate=6/9/2026 2/2 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2025-1284583 Beaten Path Development -Boat Club, LLC Hurst, TX United States Date Filed: -which 03/20/2025 2 Name of governmental entity or state agency that is a party to the contract for the form is being filed. City of Fort Worth Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 9951 Morris Dido Road Pre Annexation Agreement for 9951 Morris Dido Road +/- 93 acres 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary Ray, Kent Southlake, TX United States X Roberts, Sandra Hurst, TX United States X david, jeffrey Hurst, TX United States X Austin, Dustin Hurst, TX United States X Beaten Path Development, LLC Hurst, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 LINSWORN DECLARATION �9 My name is .i� `O ' n and my date of birth is My address is 6 3 g& n-A& Iry 1h," A JO (street) (city) (stale) (zip code) (country) I declare underof perjury that the foregoing is true and correct. �, Tpenalty y' Executed in 1� � County, State of on the _day of M" .20 SIC (month) (year) ature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics,state.tx.us Version V4.1.0.0e302ce0