HomeMy WebLinkAboutContract 49158 4 61
QAfCITY SECRETARY
CONTRACT NO. I S�
Q RECEIVED
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2011 N
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O` OTY�OF IDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR t
0 STRIKE F THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR
E REAL PROPERTY RECORDS:YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S
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99 NUMBER
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DEVELOPMENT AGREEMENT
TEXAS LOCAL GOVERNMENT CODE §§ 43.035 & 212.172
THIS AGREEMENT (the "Agreement") is made and entered into effective
2017, by and between the City of Fort Worth, Texas, a home rule
municipal corporation of the State of Texas located within Tarrant, Denton, Johnson, Wise, and
Parker Counties,Texas(hereinafter referred to as"City") acting by and through its duly authorized
City Manager, and Jeanne Shelton, hereinafter called "the Owner", whether one or more natural
persons or other legal entities. By the signatures below, the Owner warrants and represents that
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there are no other owners of any portion of the Property and no other third-parties holding an
interest therein.
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WHEREAS, the Owner owns a parcel of realproperty, a total of approximately 16.61
acres of land,as described in Exhibit A,hereinafter called "the Property",located within DENTON
County. The Property is located in the extraterritorial jurisdiction `ETJ"of the City and is subject
to municipal annexation; and
WHEREAS, the City has begun the process to institute annexation proceedings for the
Property; and
WHEREAS,the Property is appraised for ad valorem tax purposes as land for agricultural
or wildlife management use under Subchapter C or D, Chapter 23, Texas Tax Code, or as timber
land under Subchapter E of that chapter; and
WHEREAS, the Texas Local Government Code § 43.035 provides that the City may not
annex property appraised for such purposes unless it first offers to make a development agreement
with the Owner pursuant to such section; and
WHEREAS, the City has notified the Owner of its intent to annex the Property and has R
offered to enter into an agreement guaranteeing the continued extraterritorial status of the Property
upon the terms and conditions hereinafter provided; and
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WHEREAS, the Owner desires to have the Property remain in the City's ETJ, in
consideration for which the Owner agrees to enter into this Agreement; and
WHEREAS, this Agreement is entered into pursuant to Sections 43.035 and 212.172 of _
the Texas Local Government Code,in order to address the desires of the Owner and the procedures
of the City; and
WHEREAS, the Owner and the City acknowledge that this Agreement runs with the land
and is binding upon the City,the Owner and the Owner's respective successors and asst s forte
term of this Agreement, as defined below; and
1 OFFICIAL RECORD
CITY SECRETARY
PT.WORTH,TX F
WHEREAS,this Agreement is to be recorded in the Real Property Records of DENTON
County.
NOW THEREFORE, for and in consideration of the mutual covenants, conditions and
agreements contained in this Agreement, and other good and valuable consideration, the City and
Owner agree as follows:
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1. Identification of the Property. The Property is described as theproperty owned by the
Owner within the boundaries of the area depicted in Exhibit A attached hereto and incorporated
herein by reference, more particularly described as approximately 16.61 acres situated in the
A1207A W.N. SAMPLE, TR. 2, OLD DCAD TR #2, which are appraised for ad valorem tax
purposes as land for agricultural use.
2. Continuation of Extraterritorial Status. The parties intend that this Agreement
guarantee the continuation of the extraterritorial status as set forth herein. The Property shall not
be annexed and shall remain in the ETJ of the City for the term of this Agreement, as long as the
Property is not subdivided, the Property continues to be appraised for ad valorem tax purposes as
land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Texas Tax
Code, or as timber land under Subchapter E of that chapter, except for existing single-family
residential use of the Property, and the Owner is not in violation of this Agreement. This provision
does not prohibit annexation with the consent of the Owner.
3. Application of Municipal Regulations. Pursuant to Section 43.035(b)(1)(B) of the
Texas Local Government Code, all regulations and planning authority of the City that do not
interfere with the use of the land for agriculture, wildlife management or timber use may be
enforced with respect to the Property. Such regulations and planning authority may be enforced
as they now exist or may hereafter be established or amended.
The Owner consents and acknowledges that as of the effective date of this Agreement, the
enforcement of all regulations and planning authority of the City consists of, including, but not
limited to, subdivision development regulations, building, mechanical, plumbing, residential,
energy and fire codes, building permit requirements, minimum building standard codes,
environmental protection and compliance and health codes, prohibitions on septic tanks, the gas
drilling and production ordinance and other City regulations as they currently exist or may be
enacted in the future.
Owner agrees that any subdivision plat or related development document for the area filed
with a governmental entity having jurisdiction over the Property will be in conformance with the I
City's most recently adopted Comprehensive Plan. Owner agrees that any filing that is not in
conformance with the City's Comprehensive Plan will not be deemed a permit for the purposes of
the Texas Local Government Code Chapter 245.
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The Owner consents to the jurisdiction of the Municipal Court, Boards and Commissions
of the City of Fort Worth for the purpose of enforcing City Codes and regulations and prosecuting
criminal violations of City regulations on the Property.
4. No Vested Rights. This Agreement shall not be construed as a permit for purposes of
Chapter 245, Texas Local Government Code. Owner hereby waives any and all claims under
[Jeanne Shelton-Dev.Agreemt.2017] Page 2 of 6
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Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise
exist by virtue of any actions Owner has taken in violation of this Agreement.
5. Events that Terminate Immunity from Annexation. This Agreement is void if the
Owner either fails to continue to use the Property solely for agricultural, wildlife management or
timber use (except for existing single-family residential use of the Property), or subdivides or
develops the Property in any manner that would require a plat of the subdivision to be filed with
any governmental entity having jurisdiction over the Property or both. If the Property ceases to be
appraised for agricultural, wildlife management or timber use or if the Owner subdivides the
Property as described in this section, then the City may annex the Property, either in whole or in
part, and such annexation shall be deemed to be with the consent of the Owner for voluntary
annexation.
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6. Term. This Agreement shall terminate 5 years after the effective date of this Agreement
or upon annexation of the Property in conformance with this Agreement or Section 43.035 of the
Texas Local Government Code, whichever comes first. If at the end of the initial term, or E
subsequent terms, of this Agreement, the Texas Local Government Code still requires a
development agreement to be offered in lieu of annexation for properties appraised for ad valorem
tax purposes as land for agricultural or wildlife management use under Subchapter C or D,Chapter
23, Texas Tax Code, or as timber land under Subchapter E of that chapter, the City will offer a
new development agreement or an extension of this Agreement. Upon termination of this
Agreement and any extensions, the City may annex the Property, either in whole or in part or for
full or limited purposes, and such annexation shall be deemed to be with the consent of the Owner.
7. Agreement a Covenant Running With the Land. This Agreement shall be recorded
in the Real Property Records of the applicable county and shall be a covenant running with the
land binding upon all parties having any right, title or interest in the Property or any part thereof,
including their heirs, successors and assigns, and shall inure to the benefit of the owners of the
Property and to the City. This Agreement may not be revised or amended without the written
consent of both parties.
8. Notice. Prior to the sale or conveyance of any portion of the Property, the Owner shall
give written notice and a copy of this Agreement to the prospective purchaser or grantee, shall
provide a copy of such disclosure to the City and shall give written notice of the sale or conveyance
to the City. Furthermore, the Owner and the Owner's heirs, successors, and assigns shall give the
City written notice of any change in the agricultural exemption status of the Property.
9. Form and Delivery of Notice. Any notice required or permitted under this Agreement
shall be in writing and shall be delivered in hand, by facsimile, or by registered or certified US
mail. Notice to the Owner may be addressed to Owner at the address indicated on the most recent
applicable county property tax roll for the Property. If more than one entity is named in this I
Agreement, service of any notice on any one of the entities shall be deemed service on all entities.
Any notice so given shall be deemed to have been received when deposited in the United States
mail so addressed with postage prepaid:
[Jeanne Shelton-Dev.Agreemt.2017] Page 3 of 6
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CITY:
Fernando Costa,Assistant City Manager
City of Fort Worth
1000 Throckmorton Street
Fort Worth,Texas 76102
Facsimile Number: 817-392-6134
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THE OWNER: i
Jeanne Shelton
4509 N. Versaille Ave,
Dallas, TX 75205-3014
10. Frustration of Purpose. If any word,phrase, clause, sentence,paragraph, section
or other part of this Agreement is affected in whole or in part as a result of amendments to the
underlying statutory authority for this Agreement, or a final judicial decree for which all appeals
have expired or been exhausted, or if the Texas Legislature amends state law in a manner having
the effect of limiting or curtailing any right or obligation of the parties under this Agreement,then
the parties agree and understand that the purpose of this Agreement may be frustrated. In such
case, the parties agree to work in good faith to amend this Agreement so that the purposes of this
Agreement may be fully realized, including full purpose annexation in accordance with Sections
5 and 6.
11.Enforcement. This Agreement may be enforced by Owner or City by any proceeding
at law or in equity. Failure to do so shall not be deemed a waiver to enforce the Agreement
thereafter.
12. Provisions Severable. If any provision contained in this Agreement is held
unconstitutional, invalid or unenforceable, then the remaining provisions shall be deemed
severable and shall remain in full force and effect.
13.Governmental Powers. It is understood that by execution of this Agreement,the City
does not waive or surrender any of its governmental powers.
14. Captions. Captions and headings used in this Agreement are for reference purposes
only and shall not be deemed a part of this Agreement.
15.Amendment of Agreement. This Agreement cannot be modified or amended without
the written consent of all the parties. Any such modification shall be attached and made a part of
this Agreement.
16. 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
§43.035.
[Jeanne Shelton-Dev.Agreemt.2017] Page 4 of 6
IN WITNESS WHEREOF,the parties have signed and executed this Agreement effective
as of the date first set forth above.
CITY OF FORT WORTH OWNER
Fernando Costa, Assistant City Manager Name: J anne S lton
Approved as to Form and Legality:
By:
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Melinda Ramos, Sr. Assistant City Attorney
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By: pF.... . T
Mary Kayser, City Secretary
* 2
�XAS
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
[Jeanne Shelton-Dev. Agreemt.2017] Page 5 of 6
State of Texas §
County of Tarrant §
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This instrument was acknowledged before me on the./Z�4 day of J,..--,,Le , 2017,
by Fernando Costa, Assistant City Manager of the City of Fort Worth, a Texas municipal
corporation_ on behalf of said co 0
�, .,, TRIKINYA L JOHNSON
0.Y''uNotarY Public,State of Texas R t
Comm.Expires 04-17 2018 Np Pub State of Texas
Notary ID 1238832-0
State of Texas
County of d) �f
This instrument was acknowledged before me on the day of 2017,
by Jeanne Shelton.
JACKIE KELLEY
Notary Public By.
. State of Texas No ublic, State o xas
ID#10788356
°f Comm.Expires 03/05/2021
After Recording
City Secretary
City of Fort Worth
1000 Throckmorton Street
Fort Worth,Texas 76102
legal-458592-v2-shelton 43_035 agr"mant
(Jeanne Shelton-Dev.Agreemt.20171 Page 6 of 6
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Project Case # AX-11®005 Exhibit A
Property Subject to Development Agreement
Approximately 16.61 acres
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O Proposed Annexation Area(73-2)(Approx.934.42 Acres) FORT WORTH
®Property Subject to Development Agreement
0375 750 1,500 Feet
Parcels I Y t I Planntng&Development Department
10/12/2016
0 Fort Worth City Limits COPYRIGHT 2016 CITY OF FORT WORTH UNAUTHORIZED REPRODUCTION IS A
Fort Worth Extraterritorial Jurisdiction 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
V lfi CountyBoundaries PRODUCED FOR ENGINEERING PURPOSES OR BY A REGISTERED PROFESSIONAL
LAND SURVEYOR.THE CITY OF FORT WORTH ASSUMES NO RESPONSIBILITY FOR
THE ACCURACY OF SAID DATA.
6/9/2017 M&C Review
Official site of the City of Poet Worth,Texas
CITY COUNCIL AGENDA FORTI]
COUNCIL ACTION: Approved on 6/6/2017
REFERENCE ** 06DEVELOPMENT AGREEMENTS
DATE: 6/6/2017 NO.: C-28250 LOG NAME: AREA 73-2
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of Development Agreements in Lieu of Annexation with Jeanne
Shelton, Property Owner of Two Properties Located in Potential Annexation Area 73-2
Adjacent to Council District 7 (FUTURE COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute Development
Agreements between the City and Jeanne Shelton, property owner, for the application of development
standards in lieu of annexation for property in Area 73-2, located in Denton County, North and South of
SH 156 and East of the Burlington Northern Santa Fe Railway, AX-11-005, in the Far North Sector.
DISCUSSION:
State law requires a municipality to offer Development Agreements in lieu of annexation to property
owners who maintain a current agricultural tax exemption on property considered for annexation. If a
Development Agreement is signed, the property will retain its extraterritorial jurisdiction status until it
loses its agricultural exemption or the Development Agreement expires, whichever comes first.
The five-year annexation program identifies Area 73-2 as an area where property owners have opted
for Development Agreements. Approximately 934.42 acres of land in Area 73-2 qualify for
Development Agreements in lieu of annexation. The City has received two signed contracts from
property owner Jeanne Shelton. Ms. Shelton owns two eligible properties (as shown on Exhibit A)
which consist of approximately 16.61 acres south of SH 156 and approximately 52.38 acres north of SH
156.
The affected property owner , Jeanne Shelton, was offered and, by signing, elected to renew the
Development Agreements in lieu of annexation. The Development Agreements will provide for the
enforcement of development regulations including: subdivision ordinances in accordance with the
Comprehensive Plan, municipal building, mechanical, plumbing, residential, energy and fire codes,
building permit requirements, minimum building standard codes, environmental protection/compliance
and health codes, prohibitions on septic tanks, gas drilling and production ordinance and other City
regulations as they currently exist or may be enacted in the future. Additionally, the property owner
consents to the jurisdiction of the City's Municipal Court, boards and commissions to enforce City codes
and regulations, as well as prosecuting criminal violations of City regulations. The Development
Agreements cause the properties to be generally in compliance with development standards within the
City limits.
Area 73-2 is adjacent to COUNCIL DISTRICT 7.
This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that this action will have no material effect on City funds.
http://apps.cfwnet.org/counci I_packettmc_review.asp?ID=24697&counci Idate=6/6/2017 1/2
6/9/2017 M&C Review
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2
Submitted for City Manager's Office b Fernando Costa (6122)
Originating Department Head: Randle Harwood (6101)
Additional Information Contact: Leo Valencia (6942)
ATTACHMENTS
Exhibit A - Map.pdf
http://apps.cfW net.org/counci I_packet/m c_review.asp?ID=24697&counci(date=6/6/2017 212