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HomeMy WebLinkAbout26696-01-2024 - City Council - Ordinance (2)ORDINANCE NO. 26696-01-2024 AN ORDINANCE DECLARING CERTAIN FINDINGS; PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF FORT WORTH; PROVIDING FOR FULL -PURPOSE ANNEXATION OF A CERTAIN 573.897 ACRES, MORE OR LESS, OUT OF LAND SITUATED IN THE GREENBERRY OVERTON SURVEY, ABSTRACT NO. 972, CITY OF FORT WORTH, DENTON COUNTY, TEXAS, AND BEING ALL OF A TRACT OF LAND DESCRIBED TO GRBK EDGEWOOD LLC AS RECORDED IN COUNTY CLERKS FILE NO. 2021-227988, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, (CASE NO. AX -23-003) WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT CORPORATE BOUNDARY LIMITS OF FORT WORTH, TEXAS; PROVIDING THAT THIS ORDINANCE SHALL AMEND EVERY PRIOR ORDINANCE IN CONFLICT HEREWITH; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL PRIOR ORDINANCES NOT IN DIRECT CONFLICT; PROVIDING FOR SEVERABILITY; AND NAMING AN EFFECTIVE DATE. WHEREAS, the City of Fort Worth has received a petition in writing from GRBK EDGEWOOD, LLC., the owner, requesting the full -purpose annexation of 573.897 acres of land as described in Section 1, below (the "Property"); and WHEREAS, the hereinafter described Property is in the City's exclusive extraterritorial jurisdiction and is adjacent to and adjoins the City; and WHEREAS, Subchapter C-3 of the LGC permits the City to annex an area if each owner of land in an area requests the annexation; and WHEREAS, in accordance with Subchapter C-3 of Chapter 43 of the Texas Local Government Code, the City section 43.0672 of the Texas Local Government Code, Kevin Young, and the City negotiated and entered into a written agreement, City Secretary Contract No. 60871, for the provisions of municipal services in the area; and WHEREAS, the City conducted one public hearing at which members of the public who wished to present testimony or evidence regarding the Municipal Service Agreement and Full -Purpose Annexation were given the opportunity to do so, in accordance with the procedural requirements of Section 43.0673 of the Local Government Code on. December 12, 2023 at 6:00 p.m., at the City Council Chamber; and square footage in the descriptions WHEREAS, the City Council finds and determines that annexation of the Property hereinafter described is in the best interest of the citizens of the City of Fort Worth and the owners and residents of the area. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That all portions of the Property, comprising approximately 573.897 acres of land, are hereby annexed to the City of Fort Worth as a part of the city for all municipal purposes, and the city limits are extended to include such Property being all that certain land particularly described below and depicted as on Exhibit "A" attached to and incorporated in this ordinance for all purposes: BEING 573.897 ACRES OF LAND SITUATED IN THE GREENBERRY OVERTON SURVEY, ABSTRACT NO. 972, CITY OF FORT WORTH, DENTON COUNTY, TEXAS, AND BEING ALL OF A TRACT OF LAND DESCRIBED TO GRBK EDGEWOOD LLC AS RECORDED IN COUNTY CLERKS FILE NO. 2021-227988, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 1/2 -INCH IRON ROD FOUND FOR THE NORTHERNMOST NORTHEAST CORNER OF SAID GRBK EDGEWOOD TRACT, SAME BEING THE SOUTHEAST CORNER OF SONGBIRD ADDITION, AN ADDITION TO DENTON COUNTY, TEXAS BY PLAT RECORDED IN CABINET H, PAGE 83, PLAT RECORDS, DENTON COUNTY, TEXAS; THENCE WITH THE NORTHERLY LINE OF SAID GRBK EDGEWOOD TRACT, THE FOLLOWING COURSES AND DISTANCES: SOUTH 00°50'03" WEST, A DISTANCE OF 149.97 FEET; SOUTH 32°16'46" EAST, A DISTANCE OF 724.36 FEET; SOUTH 42°54'09" EAST, A DISTANCE OF 240.55 FEET; NORTH 65°46'20" EAST, A DISTANCE OF 438.63 FEET; NORTH 21°22'14" EAST, A DISTANCE OF 98.79 FEET; NORTH 58°40'17" EAST, A DISTANCE OF 107.70 FEET; SOUTH 50°23'08" EAST, A DISTANCE OF 150.54 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 612.12 AND A CHORD THAT BEARS SOUTH 75°57'43" EAST, 214.44 FEET; WITH SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 20°10'34", AN ARC -DISTANCE OF 215.55 FEET; EAST, A DISTANCE OF 276.00 FEET; SOUTH 43°01'16" EAST, A DISTANCE OF 1453.97 FEET; SOUTH 01°05'57" WEST, A DISTANCE OF 183.76 FEET; Annexation —AX-23-003 Ordinance No. 26696-01-2024 NORTH 88°40'00" EAST, A DISTANCE OF 3143.34 FEET TO THE WEST RIGHT-OF-WAY LINE OF JOHN DAY ROAD, A VARIABLE WIDTH RIGHT- OF-WAY; THENCE WITH SAID WEST RIGHT-OF-WAY LINE, THE FOLLOWING COURSES AND DISTANCES: SOUTH 34°46'59" WEST, A DISTANCE OF 26.66 FEET; SOUTH 62°10'23" EAST, A DISTANCE OF 12.92 FEET TO A 5/8 -INCH CAPPED IRON ROD STAMPED "GORRONDONA" FOUND; SOUTH 21°0103" WEST, A DISTANCE OF 277.90 FEET TO A 5/8 -INCH CAPPED IRON ROD STAMPED "GORRONDONA" FOUND; SOUTH 14°36'49" WEST, A DISTANCE OF 155.65 FEET; SOUTH 69°03'34" WEST, A DISTANCE OF 146.05 FEET; SOUTH 00°33'26" EAST, A DISTANCE OF 12.88 FEET; SOUTH 15°29'53" EAST, A DISTANCE OF 31.59 FEET; NORTH 81002'10" EAST, A DISTANCE OF 108.47 FEET TO A 5/8 -INCH IRON ROD FOUND; SOUTH 14°41'16" WEST, A DISTANCE OF 229.66 FEET TO A 1/2 -INCH IRON ROD FOUND; NORTH 61°27'25" WEST, A DISTANCE OF 45.10 FEET TO A 5/8 -INCH IRON ROD FOUND FOR THE BEGINNING OF A NON -TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 1428.62 FEET AND A CHORD THAT BEARS SOUTH 15°19'48" WEST, 57.18 FEET; WITH SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 2°17'36", AN ARC -DISTANCE OF 57.18 FEET; SOUTH 00°33'26" EAST, A DISTANCE OF 132.15 FEET; SOUTH 81°11'09" EAST, A DISTANCE OF 17.66 FEET TO A 5/8 -INCH IRON ROD FOUND FOR THE BEGINNING OF A NON -TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 1253.61 AND A CHORD THAT BEARS SOUTH 05°13'26" WEST, 144.48 FEET; WITH SAID CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 6°36'26", AN ARC -DISTANCE OF 144.56 FEET TO A 5/8 -INCH CAPPED IRON ROD STAMPED "GORRONDONA" FOUND; SOUTH 01°4747" WEST, A DISTANCE OF 71.84 FEET TO A 5/8 -INCH CAPPED IRON ROD STAMPED "GORRONDONA" FOUND; SOUTH 00°35'48" EAST, A DISTANCE OF 1547.31 FEET TO A 5/8 -INCH IRON ROD FOUND FOR THE SOUTHEAST CORNER OF SAID GRBK EDGEWOOD TRACT; THENCE SOUTH 89°21'40" WEST, WITH THE SOUTH LINE OF SAID GRBK EDGEWOOD TRACT, PASSING 5/8 -INCH CAPPED IRON RODS STAMPED "LJA Annexation —AX-23 -003 Ordinance No. 26696-01-2024 SURVEYING" AT 1180.80 FEET, 2684.17 FEET, 3763.50 FEET, 5541.02 FEET, AND 5940.51 FEET, A TOTAL DISTANCE OF 7108.18 FEET TO THE SOUTHWEST CORNER OF SAME TRACT, FROM WHICH A 5/8 -INCH CAPPED IRON ROD STAMPED "JACOBS" FOUND BEARS SOUTH 88°57'l 1" EAST, A DISTANCE OF 1.41 FEET; THENCE NORTH 00°19'50" WEST, WITH THE WEST LINE OF SAID GRBK EDGEWOOD TRACT, PASSING 5/8 -INCH CAPPED IRON RODS STAMPED "LJA SURVEYING" AT 38.65 FEET, 1142.66 FEET, AND 2101.82 FEET, A TOTAL DISTANCE OF 4690.95 FEET TO THE NORTHWEST CORNER OF SAME TRACT; THENCE SOUTH 89°39'44" EAST, A DISTANCE OF 1584.40 FEET TO THE POINT OF BEGINNING AND CONTAINING A CALCULATED AREA OF 573.897 ACRES (24,998,962 SQ. FEET) OF LAND. SECTION 2. The above described territory is shown on Map Exhibit A attached hereto and expressly incorporated herein by reference for the purpose of depicting the location of the hereinabove described territory. SECTION 3. That the above described territory hereby annexed shall be part of the City of Fort Worth, Texas, and the property so added hereby shall bear its pro rata part of the taxes levied by the City of Fort Worth, Texas, and the inhabitants thereof shall be entitled to all of the rights and privileges of all the citizens in accordance with the Municipal Services Agreement and shall be bound by the acts, ordinances, resolutions and regulations of the City of Fort Worth, Texas. SECTION 4. That the Municipal Services Agreement attached hereto as Exhibit "B" is approved and incorporated into this ordinance for all purposes. SECTION 5. CUMULATIVE CLAUSE This ordinance amends every prior ordinance in conflict herewith, but as to all other ordinances or sections of ordinances not in direct conflict, this ordinance shall be, and the same is hereby made cumulative. SECTION 6. SEVERABILITY LAUSE It is hereby declared to be the intent of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any Annexation —AX-23-003 Ordinance No. 26696-01-2024 phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any unconstitutional phrase, clause, sentence, paragraph or section. SECTION 7. SAVING CLAUSE The City Council hereby declares it to be its purpose to annex to the City of Fort Worth every part of the area described in Section 1 of this ordinance, regardless of whether any part of such described area is hereby not effectively annexed to the City. Should this ordinance for any reason be ineffective as to any part or parts of the area hereby annexed to the City of Fort Worth for full purposes, the ineffectiveness of this ordinance as to any such part or parts shall not affect the effectiveness of this ordinance as to the remainder of such area. SECTION 8. EFFECTIVE DATE This ordinance shall be in full force and effect upon adoption. APPROVED AS TO FORM AND LEGALITY: Melinda Ramos Deputy City Attorney ADOPTED AND EFFECTIVE: January 23, 2024 Jannette S. Goodall City Secretary °000000;, XO 0 0 a° o*t ep 0 YO ° go Annexation —AX-23-003 Ordinance No. 26696-01-2024 EXHIBIT A .K 0 600 1200 I SEE SHEET 5 FOR INFORMATIONAL TABLES NOT SHOWN HEREON E. THOMPSON SURVEY ABSTRACT No. 1245 SONf IRO ADDITION POINT OF CABINET H, PACE 83 /BEGINNING J.F. GILBERT SURVEY C. PERRY SURVEY P.R.D.C.T. / 1/2"IRF ABSTRACT No. 495 ABSTRACT No. 1031 S89'39'44"E -I APPROXIMATE SURVEY INE 1584.40' > LS S N j0 DENTON COUNTY SEE � z' P. LAND & CATTLE 2 LP DETAIL 1 C.C4 2021-228200 R.P.R.D.C.T. SHEET 8 is ra x JQ' gry 3 a ®2101.82' N QQ`AQpGC ® 'oo A p4'GRBK EDGEW229880C �Z r 01142.66' R.P.R.D.C.T. N88'40'00"E 573.897 ACRES 24,998,962 SQ. FT. A A @5940.51' A A 3 ®38.65' A ®5541.02' (03763.50 (@2684.17 ` \\ S89'21'40"W 7108.18' ® 5 5/8"CIRF � © I® 1 3143.34'1 e I I B I I I r4 E�q�O A ®1180.80' 0 V' 2 i I® �0 "JACOBS" BEARS S88'57'11"E, 1.41' MONUMENT TABLE LEGEND I A 5(8"CIRF "LJA SURVEYING" IRF IRON ROD FOUND I ( CIRF CAPPED IRON ROD FOUND C.C.COUNTY CLERK'S FILE NO. I B C i/2"IRF /B"CIRF "GORRONDONA" I #I I D /8"IRF R.P.R.D.C.T. REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS BASIS of EABINOS Is 080 NORTH. TEXAS STATE PLANE COORDINATE SYSTEM or tsss. NORTH CENTRAL ZONE, (NADSS (2011) EPOCH 2010). AS DERRMINE0 BY OPs OSSE1 VA11ONS A (DATE: 03/29/2023 I I EXHIBIT " A IE WA STuveying, Inc. PAGE DRWNBY: S.A.T. 11� 3 IA 573.897 ACRES 30I7WesI7h Street Phan 6627 0 0 ICHKD BY: A.C.B. I' INTFE SDIe300 OF '1 I GREEN8ERRY OVERTON SURVEY, ABSTRACTNO,972 Fat Wath, Te>a576107 TBPE.LS Fltm No 10194382 ✓ IPROI NO. 0037 l CITY OF FORT WORTH, DENTON COUNTY,TEXAS Annexation —AX-23-003 Ordinance No. 26696-01-2024 Exhibit A Continued DETAIL 1 (NOT TO SCALE) _ DENTON COUNTY LAND & CATTLE 2 LP C.04 2021-221!200 P.R.D.C.T. N8840'00"E 3143.34' L1 Ltp/ ORBK EDOEW00D LLC C.C 2021-227988 R.P.R.D.C.T. L1 AbI L9 4� O TI D / L21 M U / LEGEND I MONUMENT TABLE IRF IRON ROD FOUND I A 5/8 CIRF "LJA SURVEYING"I CIRF CAPPED IRON ROD FOUND I 8 15/e"CIRF "GORRONDONA" C.C.# COUNTY CLERK'S FILE NO. I C I/2"IRF I R.P.R.D.C.T. REAL PROPERTY RECORDS, I D 5/8"IRF I DENTON COUNTY. TEXAS BASS or IEARINOS IS IRID NORTH. TOW STATE BANE COORDINATE SYSTEM or 1553, NORTH CENTRAL ZONE, (NADS3 (2011) EPOCH 2010). AS DETERMINED BY CPS OSSQYATIONS DATE: 03/29/2023 i EXHIBIT " A 11 PAGE 4 IDRWN BY: S.A.T. 573.897 ACRES LJA Surveying, Inc. (CHKD SY: A.C.B. wite 30174Yes17tl Street F xne X27 Su1e300 O F 5 PR0!N0... �..,�.,. 0037 ..�.. l 11111.1�1111�11�„��.����������..................................... GRETY OF F Y T WORTN DENTO CO N TY, TEX S CIIV OF TIXiT WgITH, OENTIXJCWNtt,TE%AS .................................,������������,���.......„....��„�����„�����........„......„........... ........ Fat Worth, Texas 76107 TBPE L S. Frm No 10191382 "I'l�"�"I'll's"�',�Il'�ll"��"I �'ll',�,11111,�1�����������„..............„.............. „....�..........„.. �....... �...��������,���������� Annexation —AX-23-003 Ordinance No. 26696-01-2024 Exhibit A Continued I LINE BEARING DISTANCE I I LINE BEARING DISTANCE I I Lt SOO'50'03"W 149.97' I I 113 S14'36'49"W 155.65' I L2 S32'16'46"E 724.36' I I 114 S69'03'34"W 146.05' I I 13 S42'54'09"E 240.55' I L15 SOO'33'26"E 12.88' I L4 N65'46'20"E 438.63' I L16 S1529'53"E 31.59' I L5 N21'22'14"E 98.79' I L17 N81'02'10"E 108.47' I L6 N58'40'17"E 107.70' I I 118 SI4'41'16"W 229.66' I L7 550'23'08"E 150.54' I I L19 N61'27'25"W 45.10' 1 I 18 EAST 276.00' I I 120 SOO'33'26"E 132.15' L9 SO1'05'57"W 183.76' I I 121 581'11'09"E 17.66' L10 534'46'59"W 26.66' I I L22 S01'47'47"W 71.84' I L11 $6210'23"E 12.92' I I 123 SOO'35'48"E 1547.31' L12 S21'01'03"W 277.90' CURVE CENTRAL ANGLE RADIUS CHORD BEARING CHORD LENGTH ARC LENGTH Cl 20'10'34" 612.12' 375'57'43"E 214.44' 215.55' C2 2'17'36" 1428.62' S15'19'48"W 57,18' 57.18' C3 6'36'26" 1253.61' S05'13'26"W 144.48' 144.56' PROPERTY OWNERSHIP TABLE OBTM SENDERA LLC SENDERA RANCH EAST ® C.C. 2020-132203 PHASE 20 R.P.R.D.C.T. C.C.#2019-477 LNR AIV LLC I P.R.D.C.T. Q2 C.C. 2022-161445 I SENDERA RANCH EAST R.P.R.D.C.T. PHASE 21 LENNAR HOMES OF TEXAS C.C.#2020-392 LAND & CONSTRUCTION LTD I P.R.D.C.T. C.C. 2020-204874 R.P.R.D.C.T. SENDERA RANCH EAST © PHASE 23 SENDERA RANCH EAST I C.C.#2021-282 PHASE 24 P.R.D.C.T. C.C.##2022-22 I OF SENDERA INDUSTRIAL LP P.R.D.C.T. 90 C.C.#2022-$0374 SENDERA RANCH EAST R.P.R.D.C.T. PHASE 138 JOHN DAY SUBSTATION ADDITION c.C.#2019-222 ©O C.C. #2018-286 P.R.D.C.T. P.R.D.C.T. LEGEND R.P.R.D.C.T. REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS P.R.D.C.T. PLAT RECORDS, DENTON COUNTY, TEXAS C.C.# COUNTY CLERK'S FILE NO. DATE: 03/29/2023 PAGE 5 DRWN BY: S.A.T. 5 ICHKD BY: A.C.B. OF IPROJ NO. 0037 EXHIBIT T"A" 573.897 ACRES IN THE GREENBERRY OVERTON SURVEY, ABSTRACT NO. 972 CITY OF FORT WORTH, OENTON COUNTY, TEXAS LJA Surveying, Inc. 3017 West 7h Street Phone Eg274 OBJ0 Sste300 Fort Worth, Texas 76107 TBPELS.FrmNo 10194322 Annexation —AX-23-003 Ordinance No. 26696-01-2024 Exhibit B Municipal Services Agreement Annexation —AX-23-003 Ordinance No. 26696-01-2024 Terra Vella - GRBK Approximately 573.897 Acres Adjacent to Council District 10 Master Thoroughfare Plan Land Use Commercial Connector Neighborhood Connector 0 Adjacent Cities 0 Fort WorthLii I Full Purpose Limited Purpose Extraterritorial Jurisdiction ■ Subject Area Exhibit A FORTWORTH•9 1,500 3,000 Feet I 1:24,000 Planning & Development Department 07/24/2023 COPYRIGHT 2023 CITY OF FORT WORTH UNAUTHORIZED REPRODUCTION IS A VIOLATION OF APPLICABLE LAWS. THIS DATA IS TO BE USED FOR A GRAPHICAL REPRESENTATION ONLY. THE ACCURACY IS NOT TO BE TAKEN / USED AS DATA PRODUCED FOR ENGINEERING PURPOSES OR BY A REGISTERED PROFESSIONAL LAND SURVEYOR. THE CITY ur rum i vvUK i H ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF SAID DATA. CSC No. 60871 MUNICIPAL SERVICES AGREEMENT BETWEEN THE CITY OF FORT WORTH, TEXAS GRBK EDGEWOOD LLC. This Municipal Services Agreement ("Agreement") is entered into on 23rd day of January 2024 by and between the City of Fort Worth, Texas, a home -rule municipality of the State of Texas, ("City") and GRBK EDGEWOOD 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 573.897 acres of land in the City's extraterritorial jurisdiction, such property being more particularly described and set forth in Exhibit "A" attached and incorporated herein by reference ("Property"); WHEREAS, Owner has filed a written request with the City for full -purpose annexation of the Property, identified as Annexation Case No. AX -23-003 ("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, OFFICIAL RECORD Owner -Initiated Annexation Service Agreement CITY SECRETARY 1 of 13 FT. WORTH, TX 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. Emergency Medical Services - The City's Fire Department and MedStar (or other entity engaged by the City after the Effective Date) will provide emergency medical services. iv. Planning and Zoning — The City's Development Services Department will provide comprehensive planning, land development, land use, and building review and inspection services in accordance with all applicable laws, rules, and regulations. v. Parks and Recreational Facilities. Residents of the Property will be permitted to utilize all existing publicly -owned parks and recreational facilities and all such facilities acquired or constructed after the Effective Date (including community service facilities, libraries, swimming pools, etc.), throughout the City. Any private parks, facilities, and buildings will be unaffected by the annexation; provided, however, that the City will provide for maintenance and operation of the same upon acceptance of legal title thereto by the City and appropriations therefor. In the event the City acquires any other parks, facilities, or buildings necessary for City services within the Property, the appropriate City department will provide maintenance and operations of the same. vi. Other 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 of stormwater management services. viii. Roads and Streets (including Street lighting) - The City's Transportation and Public Works Department will maintain the public streets and streetlights over which the City has jurisdiction. The City will provide regulatory signage services in accordance with the City policies and procedures and applicable laws. 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 Agreement 2 of 13 to use the same. If a property owner desires to connect an existing structure to the City water and sewer system, then the owner may request a connection and receive up to 200 linear feet of water and sewer extension at the City's cost for each occupied lot or tract in accordance with the City's "Policy for the Installation of Community Facilities" and applicable law. Once connected to the City's water and sanitary sewer mains, the water and sanitary sewage service will be provided by the City at rates established by City ordinances for such service. x. Solid Waste Services — The City will provide solid waste collection services in accordance with existing City ordinances and policies, except where prohibited by law. xi. Code Compliance — The City's Code Department will provide education, enforcement, and abatement relating to code violations within the Property. xii. Full Municipal Services — Commencing on the Effective Date, the City will provide to the Property all services provided by the City within its full -purpose boundaries and not otherwise listed above, except as provided in Section 3(b). b. The City will provide water service and wastewater treatment service to developments established after the Effective Date in accordance with, and on the schedule determined by, the City's extension policies and applicable law and at rates established by City ordinances for such services. c. It is understood and agreed that the City is not required to provide a service that is not included in this Agreement. d. Owner understands and acknowledges that the City departments listed above may change names or be re -organized by the City Manager. Any reference to a specific department also includes any subsequent City department that will provide the same or similar services. 4. SERVICE LEVEL. The City will provide the Property with a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City with topography, land use, and population density similar to those reasonably contemplated or projected for the Property. 5. AUTHORITY. City and Owner represent that they have full power, authority and legal right to execute, deliver and perform their obligations pursuant to this Agreement. Owner acknowledges that approval of the Annexation Case is within the sole jurisdiction of the City Council. Nothing in this Agreement guarantees favorable decisions by the City Council. 6. SEVERABILITY. If any part, term, or provision of this Agreement is held by the courts to be illegal, invalid, or otherwise unenforceable, such illegality, invalidity, or unenforceability will not affect the validity of any other part, term or provision, and the rights of the parties will be construed as if the part, term, or provision was never part of the Agreement. 7. INTERPRETATION. The parties to this Agreement covenant and agree that in any litigation 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 Agreement 3 of 13 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. 15. DEVELOPMENT AGREEMENT. Nothing herein waives or diminishes any obligations by either party pursuant to the Development Agreement between the City of Fort Worth and GRBK EDGEWOOD LLC. (City Secretary Contract No. 58861). In the event of a conflict between the Development Agreement and this Agreement, the Development Agreement shall control except as expressly agreed in writing by the Owner. 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 13 CITY OF FORT W TH aa 7M0# By: na as ,gndorrua 3oos Name: Dana Burghdoff Title: Assistant City Manager A^ppprove d as to Form and Legality: Name: Melinda Ramos Deputy City Attorney 6aoanpb z 1056 apF FORtd� D. Stuart Campbell (Jan 25, 202 1056 CST) �O o° ° oO p Contract Manager: PU* o=o A �u nEXA?agp City Secretary Approvals: M&C: 23-1031 Ordinance No. 26696-01-2024 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Owner -Initiated Annexation Service Agreement 5 of 13 State of Texas § County of Tarrant § This instrument was acknowledged before me on the day of , 2023, by Dana Burghdoff, Assistant City Manager of the City of Fort Worth, a Texas municipal corporation, on behalf of said corporation. Notary Public, State of Texas Owner -Initiated Annexation Service Agreement 6 of 13 GRBK EDGE OD LLC By: Name: Bobby Samuel Title: Vice President State of -EeJ� § County of § This instrument was acknowledged before me on the 0 day ofT , 2023, by Bob Sam 1 Vice Presi n, on behalf of GRBK EDGE WOOD LLC. By: KRISTY LYN CHANDLER x n Notary ID #129770238 Notary Public, State of �5 N; : My Commission Expires vlFCr�+ April 1, 2026 MY Owner -Initialed Annexation Service Agreement 7 of 13 After Recording Return to: City Secretary City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 Owner -Initiated Annexation Service Agreement 8 of 13 EXHIBIT A J ma - 0 600 1200 ' J SEE SHEET 5 FOR INFORMATIONAL TABLES NOT SHOWN HEREON E. THOMPSON SURVEY ABSTRACT No. 1245 SON4BIR0 /1DDRI0N POINT OF CABINET H. PAGE 83 /BEGINNING I P.R.D.C.T. I III '� S89'39'44E ' 1/2 "IRF r -' w 1584.40' J ^ C In > ZZ 0 Q ai ip w m =a a h1ti 3 Q ®2101.82' �O C6 pad �o J.F. GILBERT SURVEY C. PERRY SURVEY ABSTRACT No. 495 ABSTRACT No. 1031 'ROXIMATE SURVEY INE G o A p���t* PO C C.#2021 - C 2279 8 @ 1142.66' R.P.R.D.C.T. DENTON COUNTY SEE )/ LAND & CATTLE 2 IP DETAIL I C.C./ 2021-228200 SHEET 8 R.P.R.D.C.T. N88'40'00"E 573.897 ACRES 24,998,962 SQ. FT. A A @5940.51' A A 3 @38.65' A @3763.50' @2684.17' A @5541.02' r S8921'40"W 7108.18' I(D 5/8"@IRF © ( O "JACOBS" BEARS S88'57'11"E, 1.41' LEGEND E IRF IRON ROD FOUND CIRF CAPPED IRON ROD FOUND $ C.C. COUNTY CLERK'S FILE NO. R.P.R.D.C.T. REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS BASIS OF IEARINOS IS GISD NORTH. TLICA3 STATE MANE OOORDINATE SYSTEM OF 1953, NORTH CENTRAL O ZONE. (NADBS (2011) EPOCH 2010), A9 OE1T INED BY OMI OBSERVATIONS DATE: 03/29/2023 I EXHIBIT " A t1 s PAGE 3 I DRWN BY: S.A.T. 573.897 ACRES IN THE OF 5 I CHKD BY: A.C.B. GREENBERRY OVERTON SURVEY, ABSTMCT N0.972 PROJ NO. 0037 CRY OF FORT WORTH, DENTON COUNTY, TEXAS 3143.34' (14 L_e q A A @1180.80' D �' v MONUMENT TABLE A 5(8"CIRF "LJA SURVEYING" B 5/8"CIRF "GORRONDONA" I C 1/2"IRF D 5/8"IRF LJA Surveying, Inc. IA 3017 West 71r Street Phone 692 747.c'X0 Sule 300 Fort Worth, Terms 76107 TB PE.L S. Firm No 10194382 Owner -Initiated Annexation Service Agreement 9 of 13 EXHIBIT A Continued DETAIL 1 (NOT TO SCALE) DENTON COUNTY LAND & CATTLE 2 LP C.C.# 2021-228200 R.P.R.D.C.T. N88'40'00"E 3143.34' I L1 B1 v ORBK EDGEW00D LLC C.C.#2021-227988 B R.P.R.D.C.T. L1 D � L16 'I L9 D L21 v / LEGEND I A IRF IRON ROD FOUND CIRF CAPPED IRON ROD FOUND 8 0 C.C.# COUNTY CLERK'S FILE NO. I C R.P.R.D.C.T. REAL PROPERTY RECORDS, I D DENTON COUNTY, TEXAS EMSIS or EfARINOS I6 OtID NORTH, TOtAS STATE PLANE COORDINATE SYSTEM OF 1567, NORni CENTRAL S ZONE. (NADMS (2011) EPOCH 2010), Al DETEIWINED NY OPS 06SERVATNIN5 DATE: 03/29/2023 It EXHIBIT "A" PAGE 4 IDRWN BY: S.A.T. 573.697 ACRES OF 5 (CHKD BY: A.C.B. I NTl- GREENBERRY OVERTON SURVEY,ABSTRACT NO.972 PROD No. 0037 I CITY OF FORT WORTH, DENTON COUNTY, TEXAS MONUMENT TABLE I 5/8"CIRF "LJA SURVEYING" /8"CIRF "GORRONDONA" 1/2"IRF I 5/8"IRF I LJA Surveying, Inc. fA 3017 West7h SireeI Phone 682747.CE00 Swte 300 Fort Worth, Texas 76107 TBPE.L.S.FrmNo 10194302 Owner -Initiated Annexation Service Agreement 10 of 13 EXHIBIT A Continued J LINE BEARING DISTANCE I LINE BEARING DISTANCE I Li S00'50'03"W 149.97' I L13 S14'36'49"W 155.65' L2 S3216'46"E 724.36' I I L14 $69'03'34"W 146.05' I L3 S42'54'09"E 240.55' I 115 S00'33'26"E 12.88' I L4 N65'46'20"E 438.63' I ( L16 S15'29'53"E 31.59' I L5 N2122'14'E 98.79' I I L17 N81'02'10"E 108.47' I L6 N5840'17"E 107.70' I I L1B S14'41'16"W 229.66' I I L7 550'23'08"E 150.54' I I L19 N61'27'25W 45.10' I I LB EAST 276.00' I L20 SOO'33'26"E 132.15' I L9 S01'05'57"W 183.76' I L21 S81'11'09"E 17.66' I LID 534'46'59"W 26.66' I L22 SOI'47'47"W 71.84' I I 111 S62'10'23"E 12.92' I 123 SOO'35'48"E 1547.31' I I 112 S21'01'03"W 277.90' CURVE CENTRAL ANGLE RADIUS CHORD BEARING CHORD LENGTH ARC LENGTH Cl 20'10'34" 612.12' S75'57'43"E 214.44' 215.55' C2 2'17'36" 1428.62' 515'19'48"W 57.18' 57.18' C3 6'36'26" 1253.61' S05'13'26"W 144.48' 144.56' PROPERTY OWNERSHIP TABLE 08TH SENDERA LLC SENDERA RANCH EAST Q C.C.#2020-132263 PHASE 20 R.P.R.D.C.T. C.C.#2019-477 LNR AIV LLC I P.R.D.C.T. 02 C.C. 2022-151446 I SENDERA RANCH EAST R.P.R.D.C.T. I PHASE 21 LENNAR HOMES OF TEXAS C.C.#2020-392 LAND & CONSTRUCTION LTD I P.R.D.C.T. C.C.//2020-204878 SENDERA RANCH EAST R.P.R.D.C.T. PHASE 23 SENDERA RANCH EAST C.C.#2021-282 ® PHASE 24 P.R.D.C.T. C.C.#2022-22 OF SENDERA INDUSTRIAL LP P.R.D.C.T. ( C.C. 2022-80374 SENDERA RANCH EAST I R.P.R.D.C.T. PHASE 138 I JOHN DAY SUBSTATION ADDITION C.C.#2019-222 Q C.C. #2018-288 P.R.D.C.T. P.R.D.C.T. LEGEND R.P.R.O.C.T. REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS P.R.D.C.T. PLAT RECORDS, DENTON COUNTY, TEXAS C.C.# COUNTY CLERK'S FILE NO. DATE: 03/29/2023 I EXHIBIT "A" PAGE 5 IDRWN BY: S.A.T. 573.897 ACRES LJA Surveying, Inc. 3311 West7hSVeet Phone 682.7 .03W 5ICHKDBY: A.C.B. INTI-E Su1e300 OF CITY OF FORT WORTH, DENTON COUNTY TEXAS ,Teza5 76107 TBPELS FTm No 10194302 GREENBERRY OVERTON SURVEY, ABSTRACT N0972 Fort Wash IPROJ NO. OO37 Owner -Initiated Annexation Service Agreement II of 13 METES & BOUNDS DESCRIPTION EXHIBIT "A" 573.897 ACRES BEING 573.897 ACRES OF LAND SITUATED IN THE GREENBERRY OVERTON SURVEY, ABSTRACT NO. 972, CITY OF FORT WORTH, DENTON COUNTY, TEXAS, AND BEING ALL OF A TRACT OF LAND DESCRIBED TO GRBK EDGEWOOD LLC AS RECORDED IN COUNTY CLERKS FILE NO. 2021-227988, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 1/2 -INCH IRON ROD FOUND FOR THE NORTHERNMOST NORTHEAST CORNER OF SAID GRBK EDGEWOOD TRACT, SAME BEING THE SOUTHEAST CORNER OF SONGBIRD ADDITION, AN ADDITION TO DENTON COUNTY, TEXAS BY PLAT RECORDED IN CABINET H, PAGE 83, PLAT RECORDS, DENTON COUNTY, TEXAS; THENCE WITH THE NORTHERLY LINE OF SAID GRBK EDGEWOOD TRACT, THE FOLLOWING COURSES AND DISTANCES: SOUTH 00°50'03" WEST, A DISTANCE OF 149.97 FEET; SOUTH 32°16'46" EAST, A DISTANCE OF 724.36 FEET; SOUTH 42`54'09" EAST, A DISTANCE OF 240.55 FEET; NORTH 65°46'20" EAST, A DISTANCE OF 438.63 FEET; NORTH 21°22'14" EAST, A DISTANCE OF 98.79 FEET; NORTH 58°40'17" EAST, A DISTANCE OF 107.70 FEET; SOUTH 50°23'08" EAST, A DISTANCE OF 150.54 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 612.12 AND A CHORD THAT BEARS SOUTH 75°57'43" EAST, 214.44 FEET; WITH SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 20°10'34", AN ARC -DISTANCE OF 215.55 FEET; EAST, A DISTANCE OF 276.00 FEET; SOUTH 43'01'16" EAST, A DISTANCE OF 1453.97 FEET; SOUTH 01°05'57" WEST, A DISTANCE OF 183.76 FEET; NORTH 88°40'00" EAST, A DISTANCE OF 3143.34 FEET TO THE WEST RIGHT-OF-WAY LINE OF JOHN DAY ROAD, A VARIABLE WIDTH RIGHT-OF-WAY; THENCE WITH SAID WEST RIGHT-OF-WAY LINE, THE FOLLOWING COURSES AND DISTANCES: SOUTH 34°46'59" WEST, A DISTANCE OF 26.66 FEET; SOUTH 62°10'23" EAST, A DISTANCE OF 12.92 FEET TO A 5/8 -INCH CAPPED IRON ROD STAMPED "GORRONDONA" FOUND; SOUTH 21°01'03" WEST, A DISTANCE OF 277.90 FEETTO A 5/8 -INCH CAPPED IRON ROD STAMPED "GORRONDONA" FOUND; SOUTH 14°36'49" WEST, A DISTANCE OF 155.65 FEET; SOUTH 69°03'34" WEST, A DISTANCE OF 146.05 FEET; SOUTH 00°33'26" EAST, A DISTANCE OF 12.88 FEET; SOUTH 15°29'53" EAST, A DISTANCE OF 31.59 FEET; NORTH 81°02'10" EAST, A DISTANCE OF 108.47 FEET TO A 5/8 -INCH IRON ROD FOUND; SOUTH 14'41'16" WEST, A DISTANCE OF 229.66 FEET TO A 1/2 -INCH IRON ROD FOUND; S:\NTX-LAND\0037\200 SURVEY\230 Legal Descriptions\0037EX01.docx Page 1 of 5 Owner -Initiated Annexation Service Agreement 12 of 13 METES & BOUNDS DESCRIPTION Continued EXHIBIT "A" 573.897 ACRES NORTH 61'27'25" WEST, A DISTANCE OF 45.10 FEET TO A 5/8 -INCH IRON ROD FOUND FOR THE BEGINNING OF A NON -TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 1428.62 FEET AND A CHORD THAT BEARS SOUTH 15'19'48" WEST, 57.18 FEET; WITH SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 217'36", AN ARC -DISTANCE OF 57.18 FEET; SOUTH 00'33'26" EAST, A DISTANCE OF 132.15 FEET; SOUTH 81°11'09" EAST, A DISTANCE OF 17.66 FEET TO A 5/8 -INCH IRON ROD FOUND FOR THE BEGINNING OF A NON -TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 1253.61 AND A CHORD THAT BEARS SOUTH 05°13'26" WEST, 144.48 FEET; WITH SAID CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 6'36'26", AN ARC -DISTANCE OF 144.56 FEET TO A 5/8 -INCH CAPPED IRON ROD STAMPED "GORRONDONA" FOUND; SOUTH 01'47'47" WEST, A DISTANCE OF 71.84 FEET TO A 5/8 -INCH CAPPED IRON ROD STAMPED "GORRONDONA" FOUND; SOUTH 00'35'48" EAST, A DISTANCE OF 1547.31 FEET TO A 5/8 -INCH IRON ROD FOUND FOR THE SOUTHEAST CORNER OF SAID GRBK EDGEWOOD TRACT; THENCE SOUTH 89'21'40" WEST, WITH THE SOUTH LINE OF SAID GRBK EDGEWOOD TRACT, PASSING 5/8 - INCH CAPPED IRON RODS STAMPED "UA SURVEYING" AT 1180.80 FEET, 2684.17 FEET, 3763.50 FEET, 5541.02 FEET, AND 5940.51 FEET, A TOTAL DISTANCE OF 7108.18 FEET TO THE SOUTHWEST CORNER OF SAME TRACT, FROM WHICH A 5/8 -INCH CAPPED IRON ROD STAMPED "JACOBS" FOUND BEARS SOUTH 8857'11" EAST, A DISTANCE OF 1.41 FEET; THENCE NORTH 00.19'50" WEST, WITH THE WEST LINE OF SAID GRBK EDGEWOOD TRACT, PASSING 5/8 -INCH CAPPED IRON RODS STAMPED "UA SURVEYING" AT 38.65 FEET, 1142.66 FEET, AND 2101.82 FEET, A TOTAL DISTANCE OF 4690.95 FEET TO THE NORTHWEST CORNER OF SAME TRACT; THENCE SOUTH 8939'44" EAST, A DISTANCE OF 1584.40 FEET TO THE POINT OF BEGINNING AND CONTAINING A CALCULATED AREA OF 573.897 ACRES (24,998,962 SQ. FEET) OF LAND. THIS DOCUMENT WAS PREPARED UNDER 22 TEXAS ADMINISTRATIVE CODE §138.95, DOES NOT REFLECT THE RESULTS OF AN ON THE GROUND SURVEY, AND IS NOT TO BE USED TO CONVEY OR ESTABLISH TBPELS ACTS AND RULES PAGE 97 OF 109 UPDATED APRIL 1, 2021 INTERESTS IN REAL PROPERTY EXCEPT THOSE RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE BOUNDARY OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS PREPARED. Aaron C. rown, R.P.L.S. March 29, 2023 Registered Professional Land Surveyor O F Texas Registration No. 6702 9 UA Surveying, Inc. Ul.�G\STERtO s 3017 West 7th Street, Suite 300 "" AARON C. BROWN Fort Worth, Texas 76107 •'v.....••""•"""".�"' 6702 682-747-0800 <, ,oQ TBPELS Firm No. 10194382 .°ess\o•••• 'may_ S:\NTX-LAND\0037\200 SURVEY\230 Legal Descriptions\0037EX01.docx Page 2 of 5 Owner -Initiated Annexation Service Agreement 13 of 13 CSC No, 60871 MUNICIPAL SERVICES AGREEMENT BETWEEN THE CITY OF FORT WORTH, TEXAS AND GRBK EDGEWOOD LLC. This Municipal Services Agreement ("Agreement") is entered into on 23rd day of January 2024 by and between the City of Fort Worth, Texas, a home -rule municipality of the State of Texas, ("City") and GRBK EDGEWOOD 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 573,897 acres of land in the City's extraterritorial jurisdiction, such property being more particularly described and set forth in Exhibit "A" attached and incorporated herein by reference ("Property"); WHEREAS, Owner has filed a written request with the City for full -purpose annexation of the Property, identified as Annexation Case No. AX -23-003 ("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 I of 13 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. Emeraenev Medical Services - The City's Fire Department and MedStar (or other entity engaged by the City after the Effective Date) will provide emergency medical services. iv. Planning and Zoning — The City's Development Services Department will provide comprehensive planning, land development, land use, and building review and inspection services in accordance with all applicable laws, rules, and regulations. v. Parks and Recreational Facilities. Residents of the Property will be permitted to utilize all existing publicly -owned parks and recreational facilities and all such facilities acquired or constructed after the Effective Date (including community service facilities, libraries, swimming pools, etc.), throughout the City. Any private parks, facilities, and buildings will be unaffected by the annexation; provided, however, that the City will provide for maintenance and operation of the same upon acceptance of legal title thereto by the City and appropriations therefor. In the event the City acquires any other parks, facilities, or buildings necessary for City services within the Property, the appropriate City department will provide maintenance and operations of the same. vi. Other 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 of stormwater management services. viii. Roads and Streets (including Street lighting) - The City's Transportation and Public Works Department will maintain the public streets and streetlights over which the City has jurisdiction. The City will provide regulatory signage services in accordance with the City policies and procedures and applicable laws. 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 Agreement 2 of 13 to use the same. If a property owner desires to connect an existing structure to the City water and sewer system, then the owner may request a connection and receive up to 200 linear feet of water and sewer extension at the City's cost for each occupied lot or tract in accordance with the City's "Policy for the Installation of Community Facilities" and applicable law. Once connected to the City's water and sanitary sewer mains, the water and sanitary sewage service will be provided by the City at rates established by City ordinances for such service. x. Solid Waste Services — The City will provide solid waste collection services in accordance with existing City ordinances and policies, except where prohibited by law. xi. Code Compliance — The City's Code Department will provide education, enforcement, and abatement relating to code violations within the Property. xii. Full Municipal Services — Commencing on the Effective Date, the City will provide to the Property all services provided by the City within its full -purpose boundaries and not otherwise listed above, except as provided in Section 3(b). b. The City will provide water service and wastewater treatment service to developments established after the Effective Date in accordance with, and on the schedule determined by, the City's extension policies and applicable law and at rates established by City ordinances for such services. c. It is understood and agreed that the City is not required to provide a service that is not included in this Agreement. d. Owner understands and acknowledges that the City departments listed above may change names or be re -organized by the City Manager. Any reference to a specific department also includes any subsequent City department that will provide the same or similar services. 4. SERVICE LEVEL. The City will provide the Property with a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City with topography, land use, and population density similar to those reasonably contemplated or projected for the Property. 5. AUTHORITY. City and Owner represent that they have full power, authority and legal right to execute, deliver and perform their obligations pursuant to this Agreement. Owner acknowledges that approval of the Annexation Case is within the sole jurisdiction of the City Council. Nothing in this Agreement guarantees favorable decisions by the City Council. 6. SEVERABILITY. If any part, term, or provision of this Agreement is held by the courts to be illegal, invalid, or otherwise unenforceable, such illegality, invalidity, or unenforceability will not affect the validity of any other part, term or provision, and the rights of the parties will be construed as if the part, term, or provision was never part of the Agreement. 7. INTERPRETATION. The parties to this Agreement covenant and agree that in any litigation 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 O%wier-Initiated Annexation Service Agreement 3 of 13 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. 15. DEVELOPMENT AGREEMENT. Nothing herein waives or diminishes any obligations by either party pursuant to the Development Agreement between the City of Ford Worth and GRBK EDGEWOOD LLC. (City Secretary Contract No. 58861). In the event of a conflict between the Development Agreement and this Agreement, the Development Agreement shall control except as expressly agreed in writing by the Owner. 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 13 CITY OF FORT WORTH By; uMaa, .....- Name: Dana Burghdoff Title: Assistant City Manager A proved as to Form and Legality: X11'\L- Name: Melinda Ramos Deputy City Attorney v. D. Stuart Campbel O15,107/f 10-55 CST) �p"�U'd'd�tl Contract Manager: p�a� OF City Secretary $ o Approvals: M&C: 23-103 1 Ordinance No. 26696-01-2024 Owner -Initialed Annexation Service Agreement 5 of 13 State of Texas § County of Tarrant § This instrument was acknowledged before me on the 30th day of January , 2024, by Dana Burvhdoff, Assistant City Manager of the City of Fort Worth, a Texas municipal corporation, on behalf of said corporation. By: Notary Public, State of Texas P� BROOKE BONNELL UOI.'6Notary Public STATE OF TEXAS Notary I,1). 134004525 My Comm. Exp. Oct. 11, 2026 Owner -Initiated Annexation Service Agreement 6 of13 GRBK EDGE OD LLC By: _ Name: Bobby Samuel Title: Vice President State of § County of &cljj § This instrument was acknowledged before me on the _ , day of 4" , 2023, by Bobby SamuelVice Presi nt on behalf of GRBK EDGE WOOD LLC. /1A► //A,\ y �// ` -Q KRISTY LYN CHANDLER B s° r Notary ID #129770238 Notary Public, State of J495 N„ a My Commission Expires "feeF�" April 1, 2026 Owner -Initialed Annexation Service Agreement 7 of 13 After Recording Return to: City Secretary City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 Owner -Initiated Annexation Service Agreement 8 of 13 EXHIBIT A 1 SEE SHEET 5 FOR INFORMATIONAL TABLES NOT SHOWN HEREON I 0 600 1200 E. THOMPSON SURVEY ABSTRACT No. 1245 ' I I SONGBIRD DbrnciN POINT OF �It--1I+�ILCABINET K. PAGE 83 BEGINNING R.D.C.T. �1/2"IRF JABSTRACT NoU495 ABSTRACT No R1Q31 S89'39'44"E -j APPROXIMATE SURVEY LINE 1584.40' �, � � 6 LS s DENTON COUNTY SEE LAND & CATTLE 2 LP CC// 2021-228200 SHEET 8 DETAIL oa .�.-t.P.R,D.C.T. a N88'40'00"E 3145.34'r o ti I © °' $ ' > GRBK EDGEW00D LLC I e ° e A C.C.#�1I2021-227988 I B ' ®1142.66' R.P.R.D.C.T. L 573.897 ACRES M 'Jr Fy 24,998,962 SQ. FT. A 0 A A ®38. @59AA5 41.02' (J A [A A W C, 3 f 65' A �A ®3763.50' @2684.17' ®1160,80' O y 4, ® Q 8 1k°1/ �SB9'21'40"W 7108.18' 5/8' CIRF o "JACOBS" BEARS S88'57' 11 "E, 1.41' s LEGEND I MONUMENT TABLE I A 5(B"CIRF "LJA SURVEYING" IRF IRON ROD FOUND I B /8"CIRF "GORRONDONA" I CIRF CAPPED IRON ROD FOUND I C I 1/2"IRF o C.C,# COUNTY CLERK'S FILE NO. I D I 5/8"IRF R.P.R.D.C,T. REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS (SO 1) Q�OCHSolo) . AS DETERMINED BY G $ Oe3IJYAT1OMs or tiEJ, NOR[!1 CENTRAL ZONE. RIADl3 DATE: 03/29/2023 I EXHIBIT 11 A 11 PAGE 3 'ORWN BY: S.A.T. I 573.897 ACRES LJA Surveying, Inc. IA OF 5 CHKDBYI7Wes: A.C.B. I INTIe SIe37p17hSUeet FMmeE%12.7d7OYO 001ENOF FORT ERION DENTY,NCOTMp O• 9)2 Ill FMINbdh, Tems 76107 TBPE.I.S.FumW 10194302 PROJ NO. 0037 CITYeFFOOTWOflfl NTONCWNTY,TEXA5 Owner -Initiated Annexation Service Agreement 9 of 13 EXHIBIT A Continued DETAIL 1 (NOT TO SCALE) DENTON COUNTY LAND & CATTLE 2 LP C.C.# 2021-228200 R.P.R.D.C.T. N8840'00"E 3143.34' L1 B L1 ORBK EDGEWOOD LLC C.C,2021-227888 [i.P.R.D.C.T. NB L15 i L16 D q �� ( 1 ve19� ft D L21//" �- I NM L B MONUMENT TABLE e LEGEND A 5`8"CIRF "WA SURVEYING" IRF IRON ROD FOUND B$/8"CIRF "GORRONDONA" I CIRF CAPPED IRON ROD FOUND C I /2"IRF 1 0 C.C.�I COUNTY CLERK'S FILE NO. R,P.R.D.C.T. REAL PROPERTY RECORDS, D 5/8"IRF DENTON COUNTY, TEXAS 5A212 Of EEARINOS IS 0120 RORTH, TEXAS STATE IV,NE COOROIRATE $Y51 M or 1082, NORTH CENl"AL ZONE. (NADSS (2011) [POCK 2010), A! DETERIIIHEO OP! OS3ERVATRktS DATE: 03/29/2023 E X H I B IT TT A TT S LJA Surveying, Inc, PAGE 4 IDRWN BY: S.A.T. 573.897 ACRES 3017 We5t7h Sheei Pfxne EYQ 7EW b70 100011 C ICHKD BY: A.C.E. 6REENOERRY OVERTONSURVEY, A6RMCT N0.9R SU10370 OF J PRO) NO. 0037 CITY OF FORT WORTH. DENTON COUNTY, TEXAS Foil Worth, Terms 76107 � T000.L S. FIfmI Ie. 1019 32 I VN iu � on�u ��un of wo i Owner -Initiated Annexation Service Agreement 10 of 13 EXHIBIT A Continued I LINE BEARING DISTANCE j I LINE BEARING DISTANCE I L1 S00'50'03"W 149.97' J I L13 314'36'49"W 155.65' I I L2 532'16'46"E 724.36' J L14 S69'O3'34"W 146.05' I 1.3 542'54'09"E 240.55' I L15 SOO'33'26"E 12.88' 1 I L4 N65'46'2O"E 438.63' I I L16 S15'29'53"E 31.59' I L5 N21'22'14"E 98.79' I I L17 N81'02'10"E 108.47'_ I 1.6 N58'40'17"E 107.70' I L18 514'41'16"W 229.66' I L7 S50'23'08"E 150.54' I L19 N61'27'25W I 45.10' L8 I EAST 276.00' I L20 I SOD'33'26"E 132.15' I L9 I SDt'05'57"W 183.76' I I 1.21 I S81'11'09"E 17,66' I LIO I S34'46'59"W J 26.66' I L22 I S0I'47'47"W I 71.84' I Lit I $62'10'23"E I 12.92' I L23 I SOO'35'48"E I 1547.31' I L12 I 521'01'03"W I 277.90' I CURVE CENTRAL ANGLE RADIUS CHORD BEARING CHORD LENGTH ARC LENGTH Cl 2O'1O'34" 612.12' 575'57'43"E 214.44' 215.55' I C2 2'17'36" 1428.62' S15'19'48"W I 57.18' 57.18' C3 6'36'26" 1253,61' SO5'13'26"W I 144.48' I 144,56' PROPERTY OWNERSHIP TABLE GBN SENDERA LLC 10 C,C.2O2O-132263 I SENDERA RANCH EAST © PHASE 20 R.P.R.D.C.T. C.C.#2019-477 LNR AIV LLC III P.R.D.C.T, 0 C.C. 2022-161440 SENDERA RANCH EAST R.P.R.D.C.T. PHASE 21 LENNAR HOMES OF TEXAS ( C,C.O2020-392 LAND & CONSTRUCTION LTD P.R.D.C.T. C,C.2020-204878 I SENDERA RANCH EAST P.R.D.C.T. PHASE 23 SENDERA RANCH EAST I C.C.j2021-262 PHASE 24 P.R.D.C.T. C.C.f2022-22 I OF SENDERA INDUSTRIAL LP P.R.D.C.T. ! 9� C.C. 2022-80374 SENDERA RANCH EAST I R.P.R.D.C.T, fl PHASE 138 JOHN DAY SUBSTATION ADDITION C.C.�12019-222 I ©O C.C,#2018-288 P.R.D.C.T. P.R.D.C.T. LEGEND R.P.R.D.C.T. REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS P.R.D.C.T, PLAT RECORDS, DENTON COUNTY, TEXAS C.C.# COUNTY CLERK'S FILE NO. ATE: 1O3/29/2O23EX H�B �'TA aLJAS1rvSyin PAGE[jDRWNBY: 5I - S.A.T. I urveying, inc. 5 HKD 8Y: A.C.B. 573,999ACHES iN GREENDERRY 09011014 3217 Ptcce 682OF SU1030 ROJNO. 'OO37 I' SURNEY,ABARACT NO.972 CRY OFrgtiW ATHOENEONCWN3Y,TEXl5 Foil Wash, Texas 76107 TBPE.LS.Fitm No 1019;032 Owner -Initiated Annexation Service Agreement II of 13 METES & BOUNDS DESCRIPTION EXHIBIT "A" 573.897 ACRES BEING 573.897 ACRES OF LAND SITUATED IN THE GREENBERRY OVERTON SURVEY, ABSTRACT NO. 972, CITY OF FORT WORTH, DENTON COUNTY, TEXAS, AND BEING ALL OF A TRACT OF LAND DESCRIBED TO GRBK EDGEWOOD LLC AS RECORDED IN COUNTY CLERKS FILE NO. 2021-227988, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 1/2 -INCH IRON ROD FOUND FOR THE NORTHERNMOST NORTHEAST CORNER OF SAID GRBK EDGEWOOD TRACT, SAME BEING THE SOUTHEAST CORNER OF SONGBIRD ADDITION, AN ADDITION TO DENTON COUNTY, TEXAS BY PLAT RECORDED IN CABINET H, PAGE 83, PLAT RECORDS, DENTON COUNTY, TEXAS; THENCE WITH THE NORTHERLY LINE OF SAID GRBK EDGEWOOD TRACT, THE FOLLOWING COURSES AND DISTANCES: SOUTH 00'50'03" WEST, A DISTANCE OF 149.97 FEET; SOUTH 32°16'46" EAST, A DISTANCE OF 724.36 FEET; SOUTH 42'54'09" EAST, A DISTANCE OF 240.55 FEET; NORTH 65'46'20" EAST, A DISTANCE OF 438.63 FEET; NORTH 21`22'14" EAST, A DISTANCE OF 98.79 FEET; NORTH 58°40'17" EAST, A DISTANCE OF 107.70 FEET; SOUTH 50°23'08" EAST, A DISTANCE OF 150.54 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 612.12 AND A CHORD THAT BEARS SOUTH 75°57'43" EAST, 214.44 FEET; WITH SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 2010'34", AN ARC -DISTANCE OF 215.55 FEET; EAST, A DISTANCE OF 276.00 FEET; SOUTH 4301'16" EAST, A DISTANCE OF 1453.97 FEET; SOUTH 01°05'57" WEST, A DISTANCE OF 183.76 FEET; NORTH 88°40'00" EAST, A DISTANCE OF 3143.34 FEET TO THE WEST RIGHT-OF-WAY LINE OF JOHN DAY ROAD, A VARIABLE WIDTH RIGHT-OF-WAY; THENCE WITH SAID WEST RIGHT-OF-WAY LINE, THE FOLLOWING COURSES AND DISTANCES: SOUTH 34°46'59" WEST, A DISTANCE OF 26.66 FEET; SOUTH 62°10'23" EAST, A DISTANCE OF 12.92 FEETTO A 5/8 -INCH CAPPED IRON ROD STAMPED "GORRONDONA" FOUND; SOUTH 21°01'03" WEST, A DISTANCE OF 277.90 FEETTO A 5/8 -INCH CAPPED IRON ROD STAMPED "GORRONDONA" FOUND; SOUTH 14°36'49" WEST, A DISTANCE OF 155.65 FEET; SOUTH 69°03'34" WEST, A DISTANCE OF 146.05 FEET; SOUTH 00°33'26" EAST, A DISTANCE OF 12.88 FEET; SOUTH 15'29'53" EAST, A DISTANCE OF 31.59 FEET; NORTH 81°02'10" EAST, A DISTANCE OF 108.47 FEET TO A 5/8 -INCH IRON ROD FOUND; SOUTH 14°41'16" WEST, A DISTANCE OF 229.66 FEETTO A 1/2 -INCH IRON ROD FOUND; S:\NTX-LAND\0037\200 SURVEY\230 Legal Descriptions\0037EX01.docx Page l of 5 Owner -Initiated Annexation Service Agreement 12 of 13 METES & BOUNDS DESCRIPTION Continued EXHIBIT "A" 573.897 ACRES NORTH 61'27'25" WEST, A DISTANCE OF 45.10 FEET TO A 5/8 -INCH IRON ROD FOUND FOR THE BEGINNING OF A NON -TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 1428.62 FEET AND A CHORD THAT BEARS SOUTH 15°19'48" WEST, 57.18 FEET; WITH SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 2'17'36", AN ARC -DISTANCE OF 57.18 FEET; SOUTH 0033'26" EAST, A DISTANCE OF 132.15 FEET; SOUTH 81'11'09" EAST, A DISTANCE OF 17.66 FEET TO A 5/8 -INCH IRON ROD FOUND FOR THE BEGINNING OF A NON -TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 1253.61 AND A CHORD THAT BEARS SOUTH 05°13'26" WEST, 144.48 FEET; WITH SAID CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 636'26", AN ARC -DISTANCE OF 144.56 FEET TO A 5/8 -INCH CAPPED IRON ROD STAMPED "GORRONDONA" FOUND; SOUTH 01'47'47" WEST, A DISTANCE OF 71.84 FEET TO A 5/8 -INCH CAPPED IRON ROD STAMPED "GORRONDONA"FOUND; SOUTH 00'35'48" EAST, A DISTANCE OF 1547.31 FEET TO A 5/8 -INCH IRON ROD FOUND FOR THE SOUTHEAST CORNER OF SAID GRBK EDGEWOOD TRACT; THENCE SOUTH 89'21'40" WEST, WITH THE SOUTH LINE OF SAID GRBK EDGEWOOD TRACT, PASSING 5/8 - INCH CAPPED IRON RODS STAMPED "UA SURVEYING" AT 1180.80 FEET, 2684.17 FEET, 3763.50 FEET, 5541.02 FEET, AND 5940.51 FEET, A TOTAL DISTANCE OF 7108.18 FEET TO THE SOUTHWEST CORNER OF SAME TRACT, FROM WHICH A 5/8 -INCH CAPPED IRON ROD STAMPED "JACOBS" FOUND BEARS SOUTH 88'57'11" EAST, A DISTANCE OF 1.41 FEET; THENCE NORTH 00°19'50" WEST, WITH THE WEST LINE OF SAID GRBK EDGEWOODTRACT, PASSING 5/8 -INCH CAPPED IRON RODS STAMPED "UA SURVEYING" AT 38.65 FEET, 1142.66 FEET, AND 2101.82 FEET, ATOTAL DISTANCE OF 4690.95 FEET TO THE NORTHWEST CORNER OF SAME TRACT; THENCE SOUTH 89.39'44" EAST, A DISTANCE OF 1584.40 FEET TO THE POINT OF BEGINNING AND CONTAINING ACALCULATED AREA OF 573.897 ACRES (24,998,962 SQ. FEET) OF LAND. THIS DOCUMENT WAS PREPARED UNDER 22TEXAS ADMINISTRATIVE CODE §138.95, DOES NOT REFLECTTHE RESULTS OF AN ON THE GROUND SURVEY, AND IS NOT TO BE USED TO CONVEY OR ESTABLISH TBPELS ACTS AND RULES PAGE 97 OF 109 UPDATED APRIL 1, 2021 INTERESTS IN REAL PROPERTY EXCEPT THOSE RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE BOUNDARY OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS PREPARED. Aaront7n,wR.P. L.S. March 29, 2023 Registered Professional Land Surveyor F O F r_ Texas Registration No. 6702 UASurveying, Inc. 3017 West 7`h Street, Suite 300 •' ' """"""" AARON C. B Fort Worth, Texas 76107 "Y....""""". • 6702 682-747-0800 •� R '•°FE �� <qAr TBPELS Firm No. 10194382 s s ••...•. S:\NTX-LAND\0037\200 SURVEY\230 Legal Descriptions\0037EX01.docx Page 2 of 5 Owner -Initialed Annexation Service Agreement 13 of 13 City of Fort Worth, Texas Mayor and Council Communication DATE: 12/12/23 M&C FILE NUMBER: M&C 23-1031 LOG NAME: 0BAX-23-003 TERRA VELLA - GRBK (OWNER INITITATED) SUBJECT (Future CD 10) Conduct Public Hearing, Authorize Execution of Municipal Services Agreement and Consider Adopting Ordinance for the Proposed Owner -Initiated Annexation of Approximately 573.897 Acres of Land in Tarrant County, Known as Terra Vella - GRBK, Located South of Eagle Road and West of John Day Road, in the Far North Planning Sector, AX -23-003 (Continued from a Previous Meeting) (PUBLIC HEARING - a. Report of City Staff: Stuart Campbell; b. Public Comment; c, Council Action: Close Public Hearing and Act on M&C) RECOMMENDATION: It is recommended that the City Council: 1. Conduct public hearing for the proposed owner -initiated annexation of approximately 573.897 acres of land in Tarrant County, known as Terra Vella - GRBK, located south of Eagle Road and west of John Day Road, as shown on Exhibit A; 2. Authorize execution of municipal services agreement between the City and property owner, GRBK Edgewood LLC; and 3. Adopt ordinance annexing AX -22-003 for full purposes. DISCUSSION: On November 8, 2022, City Council approved Development Agreement City Secretary Contract (CSC) No. 58861. This agreement between the City of Fort Worth and GRBK Edgewood LLC, stipulates in ARTICLE V, ANNEXATION; ZONING, 5.01 Annexation "In conjunction with the submission of a preliminary plat for all or any portion of the Property (each, a "Plat"), Owner shall, pursuant to Subchapter C-3, Chapter 43, Texas Local Government Code ("Subchapter C-3"), submit a petition for the voluntary annexation of the area covered by the Plat". City Plan Commission voted on August 23, 2023, to conditionally approve PP -23-024 upon City Council approval of the annexation request. This owner -initiated annexation follows agreed upon actions as noted in CSC No. 58861. On June 29, 2023, representatives for the property owner GRBK Edgewood LLC, submitted a request for full -purpose annexation of the property shown on Exhibit A into the City of Fort Worth. The subject property is located entirely in that portion of the City's extraterritorial jurisdiction which is in Tarrant County. The site is located south of Eagle Road and west of John Day Road. The request for annexation of approximately 573.897 acres is consistent with the urban development annexation criteria as established by the City's Annexation Policy. The subject area is currently agricultural land and the property owner's proposal of residential and industrial type development is mostly consistent with the future land use map of the 2023 Comprehensive Plan. On August 23, 2023 staff presented the proposed change in land uses to City Plan Commission. The Fort Worth Lab supports the proposed Future Land Use map configuration changes for Terra Vella - GRBK tract based on the development site plan submitted with the annexation application. The proposed uses call for changes from Suburban Residential and Light Industrial to Single -Family Residential, Heavy Industrial, Private Park, Recreation, Open Space, and Infrastructure (Gas Wells). The City Plan Commission voted unanimously for an approval of a recommendation to City Council for Terra Vella - GRBK annexation request. On November 8, 2023, the related zoning case (ZC-23-127) was heard by the Zoning Commission, and the commission voted unanimously in favorto recommend approval of the requested zoning to City Council. The requested zoning is "A-5" One -Family, and "K" Heavy Industrial. Upon annexation, the development will be added to the Transportation Impact Fee Service Area B and will be subject to the Transportation Impact Fee Ordinance. The traffic impact analysis stated that the adjacent arterials would fail at build out (John Day Road, Senders Ranch Road, and Diamond Back). Since the arterial network is set to be constructed by Madero, Alpha Ranch and the City of Fort Worth, the timing of the Terra Vella development is essential. 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 ten-year fiscal impact analysis was prepared by the Fort Worth Lab with the assistance of other City Departments. Due to the ability of the area to meet the City's criteria for full -purpose annexation as stated in Appendix F: Annexation Policy & Program of the 2023 Comprehensive Plan, staff recommends approval of the requested owner -initiated annexation, AX -23-003, The City Council will conduct a public hearing on the proposed annexation. The public hearing is an opportunity for persons interested in the annexation to be heard. Once the City Council has conducted the required public hearing, Council may close the hearing and vote on annexing AX - 23 -003 for full purposes. If annexed, this property will become part of COUNCIL DISTRICT 10. 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 City Manaaer's Office by: Dana Burghdoff 8018 Oriainatina Business Unit Head: D.J. Harrell 8032 Additional Information Contact: Expedited City of Fort Worth, Texas Mayor and Council Communication DATE: 12/12/23 M&C FILE NUMBER: M&C 23-1031 LOG NAME: 06AX-23-003 TERRA VELLA - GRBK (OWNER INITITATED) SUBJECT (Future CD 10) Conduct Public Hearing, Authorize Execution of Municipal Services Agreement and Consider Adopting Ordinance for the Proposed Owner -Initiated Annexation of Approximately 573.897 Acres of Land in Tarrant County, Known as Terra Vella - GRBK, Located South of Eagle Road and West of John Day Road, in the Far North Planning Sector, AX -23-003 (Continued from a Previous Meeting) (PUBLIC HEARING - a. Report of City Staff: Stuart Campbell; b. Public Comment; c. Council Action: Close Public Hearing and Act on M&C) RECOMMENDATION: It is recommended that the City Council: 1. Conduct public hearing for the proposed owner -initiated annexation of approximately 573.897 acres of land in Tarrant County, known as Terra Vella - GRBK, located south of Eagle Road and west of John Day Road, as shown on Exhibit A; 2. Authorize execution of municipal services agreement between the City and property owner, GRBK Edgewood LLC; and 3. Adopt ordinance annexing AX -22-003 for full purposes. DISCUSSION: On November 8, 2022, City Council approved Development Agreement City Secretary Contract (CSC) No. 58861. This agreement between the City of Fort Worth and GRBK Edgewood LLC, stipulates in ARTICLE V, ANNEXATION; ZONING, 5.01 Annexation "In conjunction with the submission of a preliminary plat for all or any portion of the Property (each, a "Plat"), Owner shall, pursuant to Subchapter C-3, Chapter 43, Texas Local Government Code ("Subchapter C-3"), submit a petition for the voluntary annexation of the area covered by the Plat". City Plan Commission voted on August 23, 2023, to conditionally approve PP -23-024 upon City Council approval of the annexation request. This owner -initiated annexation follows agreed upon actions as noted in CSC No. 58861. On June 29, 2023, representatives for the property owner GRBK Edgewood LLC, submitted a request for full -purpose annexation of the property shown on Exhibit A into the City of Fort Worth. The subject property is located entirely in that portion of the City's extraterritorial jurisdiction which is in Tarrant County. The site is located south of Eagle Road and west of John Day Road. The request for annexation of approximately 573.897 acres is consistent with the urban development annexation criteria as established by the City's Annexation Policy. The subject area is currently agricultural land and the property owner's proposal of residential and industrial type development is mostly consistent with the future land use map of the 2023 Comprehensive Plan. On August 23, 2023 staff presented the proposed change in land uses to City Plan Commission. The Fort Worth Lab supports the proposed Future Land Use map configuration changes for Terra Vella - GRBK tract based on the development site plan submitted with the annexation application. The proposed uses call for changes from Suburban Residential and Light Industrial to Single -Family Residential, Heavy Industrial, Private Park, Recreation, Open Space, and Infrastructure (Gas Wells). The City Plan Commission voted unanimously for an approval of a recommendation to City Council for Terra Vella - GRBK annexation request. On November 8, 2023, the related zoning case (ZC-23-127) was heard by the Zoning Commission, and the commission voted unanimously in favor to recommend approval of the requested zoning to City Council. The requested zoning is "A-5" One -Family, and "K" Heavy Industrial. Upon annexation, the development will be added to the Transportation Impact Fee Service Area B and will be subject to the Transportation Impact Fee Ordinance. The traffic impact analysis stated that the adjacent arterials would fail at build out (John Day Road, Sendera Ranch Road, and Diamond Back). Since the arterial network is set to be constructed by Madero, Alpha Ranch and the City of Fort Worth, the timing of the Terra Vella development is essential. 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 ten-year fiscal impact analysis was prepared by the Fort Worth Lab with the assistance of other City Departments. Due to the ability of the area to meet the City's criteria for full -purpose annexation as stated in Appendix F: Annexation Policy & Program of the 2023 Comprehensive Plan, staff recommends approval of the requested owner -initiated annexation, AX -23-003. The City Council will conduct a public hearing on the proposed annexation. The public hearing is an opportunity for persons interested in the annexation to be heard. Once the City Council has conducted the required public hearing, Council may close the hearing and vote on annexing AX - 23 -003 for full purposes. If annexed, this property will become part of COUNCIL DISTRICT 10. 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 City Manaaer's Office bv: Dana Burghdoff 8018 Oriainatina Business Unit Head: D.J. Harrell 8032 Additional Information Contact: Expedited