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HomeMy WebLinkAboutContract 32895-A ' Cil1'Y StCRETARY� ,ONTRACT NO., AGREEMENT TO POSTPONE FULL PURPOSE ANNEXATION AND EXTEND LINIITED-PURPOSE ANNEXATION This Agreement to Postpone Full Purpose Annexation and Extend Limited Purpose Annexation (this "Agreement") is entered into pursuant to Texas Local Government Code Section 43.127, by and between the City of Fort Worth Texas (the "City") and the property owners who have executed this Agreement as identified below("Owners"). RECITALS WHEREAS, the City annexed an area known as the 287 Zone for limited purposes on January 7, 2003, in accordance with State law(Ordinance No. 15389); WHEREAS, the 287 Zone included a 51.3-acre area consisting of a portion of the Willow Springs Ranch subdivision described in the attached Exhibit A(the"Area"); WHEREAS, the Area was include in the City's municipal annexation plan on October 29,2002,by the adoption of Resolution No. 2884; WHEREAS,Owners constitute the majority of landowners in the Area; WHEREAS, Owners have requested that full purpose annexation of the Area be postponed until no earlier than January 1, 2009, in accordance with Local Government Code Section 43.127; WHEREAS, all statutory references in this Agreement refer to the Local Government Code; WHEREAS, Owners acknowledge that the limited purpose status of the Area will continue until the Area is annexed for full purposes, including enforcement of the ordinances described in the Regulatory Plan attached to Ordinance No. 15389 (the "Regulatory Plan") subject to the amendment referred to in Section 7 of this Agreement; WHEREAS, pursuant to Section 43.127, the City agrees to postpone full-purpose annexation of the Area until no earlier than January 1, 2009, and to extend the limited purpose status of the Area until the Area is annexed for full purposes; WHEREAS, this Agreement binds all future owners of land in the Area to the terms of this Agreement; and WHEREAS, the City and Owners agree that entering into this Agreement addresses the goals and objectives of both parties. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 952000.01897:933059.01 Section 1. Recitals. The "Recitals" set forth in this Agreement are true and correct, form the basis upon which the parties have entered into this Agreement, and are incorporated as part of this Agreement fur all purposes. Section 2. Postponement of Full Purpose Annexation. The City agrees to postpone full purpose annexation of the Area until no earlier than January 1, 2009. The City may annex all or part of the Area at any time on or after January 1, 2009, in the City's sole discretion. Section 3. Continuation of Limited Purpose Annexation Status. The limited purpose annexation status of the Area will continue until the Area is annexed for full purposes, including enforcement of all ordinances identified in the Regulatory Plan subject to the amendment referred to in Section 7 of this Agreement. Owners recognize that police, fire, emergency medical services and other municipal services will not be provided until the Area is annexed for full purposes. Section 4. Voluntary Full-Purpose Annexation. Owners hereby request through this Agreement and the submittal of the petition attached as Exhibit B that the City annex the Area for full purposes on or after January 1, 2009, such annexation date to be determined in the City's sole discretion. Owners acknowledge that the Area is exempt from inclusion in the City's municipal annexation plan pursuant to Sections 43.052(h)(1) and/or (2) and that the City has authority to annex the area in accordance with Chapter 43, Subchapter C-1. Section 5. Recording. This Agreement binds all future owners of land in the Area and shall be recorded in the deed records of Tarrant County, Texas. Section 6. Waiver of Disannexation. Owners hereby waive any claims or causes of action to compel disannexation of the Area. Section 7. Severability. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions, which shall remain in full force and effect unless such remaining provisions are an integral part of the invalid provisions or the invalid provision is necessary to give effect to the remaining provisions. Section 8. Enforcement. This Agreement may be enforced by Owners or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Section 9. Applicable Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's authority to annex the Area. Section 10. Venue. THE PARTIES ACKNOWLEDGE THAT THIS AGREEMENT IS PERFORMABLE IN TARRANT COUNTY, TEXAS AND HEREBY SUBMIT TO THE JURISDICTION OF THE COURTS Of TARRANT COUNTY,TEXAS AND AGREE THAT ANY SUCH COURTS SHALL BE A PROPER FORUM FOR THE DETERMINATION OF ANY DISPUTE ARISING HEREUNDER 2 952000.01897:933059.01 Section 11. Execution. This Agreement will be separately executed in individual counterparts, as signed by the City and the Owners identified below, and upon execution shall constitute one and the same instrument. Section 12. Amendment. This Agreement may only be amended in writing upon mutual consent of the parties. Section 13. Effective Date. This Agreement is effective on Z b',.2005. The City of Fort Worth:,Texas By. �L- 59tLtQ,c Charles Boswell City Manager THE STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on the L61 day ofl 2005 by Charles Boswell,City Manager,on behalf of the City of Fort Worth,Texas. ATTEST Notary Public, State of Texas Marty Hendrix, Secretary . HE7-TIE LAN ` MY COMMISSION EXPIRES. t '* July 26,2007 COVEDAS T�F,O®Rt��I `0 LEGALITY: SrGty Attome/ Date Contract AuthorizatiqR Date 3 952000.01897:933059.01 10/20/2005 17:18 8173928359 PAGE 07/15 ! Ad&M omm Iftsob 0Mkl 4 to lmmes in Cl,rY1 OSS 1�U.. l.o"S S �r1 WsAg%Ac %CA f: P�aRsE �f 3 <LA.a L'H arwmbdlrltialla b M ar pmwd a Mas as bt#ataM Ialepaiiamb �bttaaaaaa aataaawiaiaiatltr�aataad aliwrala}d a ar mat r ar i...rr tar b W ar be wiaaliad aapalq�,wd tlra by bia ar 1ar 1�Mwa.a.lamrowwc rpaaa,ar a•aaMqmpw billd�Ya aapamoa malt4 aaewtld ae TRACEY STERNER !. �llaawarybadaa/asdtlmwl NOTARY PUBLIC,STATE OF TEXAS i MY COMMISSION EXPIRES 7 "�cF�}Py 2006 rr.r oa.w+ ww.� �ItralArwti u,• , bmaw M a ry w pastae t!!M pmtoaagp imeamr **warp[---!b mom aw as beim aF Igambbwa b M am roar arar w�a ad b am wiaia ikawAl t ad airalmyti a M alt beer dw aw mW ftow la lw nd amt by bb ar bw damon as daboam at M pan pwm mn4 mown"an iatt�wta■t. *'AM=agbod ad adidd mall. lldap>trbik 1brCalawitiaa atplraa 4 952000.01 97:933059.01 10/20/2005 17:18 8173928359 PAGE 08/15 A pari of lad, being a prtios of Wow Speinp Raneh, an addition to Tarrant Co=W, Taos, aooa+0 lopit`loud-io Cabisd A.SM 8425,of the PLt Retrials,TatmmA Consty,Trus,bang all of Loh 1 thtmagt 8,WA*1,rind all of Block 2,sed @R of Lots 15 through 24,Book 3.dl of WM w Trsa Dewe,a4 of Willow Tree Cara,sal of Willow Ranch Way,sad all of Wa1em Willows Driv%asst of do west 11so of aid Lot 24,sooty ft b said pit,sod bdog nails paetledwly dosaribed by mets and bausds sa ftalloos, BBOII"1NM sat the morthesst crier of said Block 2,also being the kinwetioa of the south right-ofmay of Avoo"H wW Road,sad the wet z ghl fa& y of Willow Spsimps Rosd; THBNCE:with add wit righaof-way,South 00&win 06 minutes 47 secasde West, 1031.73 fuel,to the soadwest dormer of aid Lot 15; TTIENCB:the tbll mdq ootaas sod distsass with the Booth limes of aid Loh 15 through 24, South 81 degtas S6 cr kdo 16 swook Wag,101.76 604 Saath 67 dspaai 09 mbdo 33 apoods Walk 141.94 hal; Saudi 61 depm 5S ubass 10 socaatls Wast,363.99 fat; Saudi 72 depeee 06 vaonles 05 sewads wast,306.07 Seat; Saadi 88 tepees 07 mfoules 56 seoads Ws4 212.05 lilt; end South 78 depass 09 mb tw 33 aaoorrds wast,444.75 Out,to the southwest owner of said Lot 24, THSI+ICB:die Mowing coorm and&vwzoee wilh lite wast lima of aid Lot 24; NOM 33 4W=31 winAn 03 mantis Wae,162.00 fhet; NW&25 dspas 59 misals 50 socuds Ws4126.42 tilt; and NORTA,at 98.00 Suet,pas the south riglt-of--way of said Watem Wr7lows Dove,in all 148.00 feat,to deo WtO rWK-uf--way of add Wa m Widows Drive,and baiog in die loath line of aid Lae 8; T HEN CR with aid meth r*t-of-way,and said south Uma,Wit,114.30 ftie4 to the seeithwat comer of aid Lot 8; TACE:do follawfog canna and Qanars w1di the wast]lues of said Lots 1 through 8; NORTH,245.78 fed,to the norlhwast comer of add Lat 7; PAST 29.45 feet,to the sonthwst corer of aid Lot 6; NORTH.303.06 lief,to thenordiset crner ofLot 11,in said BloCk 1; WEST 29.43 fall,to lite most itat to rlj+sonth wast comet of said Lot 3; rad NORM 3120310,to the m thwart ermar of aid Loot 1,and buing in sid moo*rigtrt-of- way of Avondele 9 A'Rood; TOM= wHh add south rightof-wey of Avamdab li out Bead. North 89 'epees 26 mymsa: 25 aoasds Boot. 1743.26 Leet,to the PLACE OF OBOMM,aid canh ing some 51.3 arae of hind, mare or less` .p(V',Jku C , 952000.01897:933059.01 Exhibit B Petition for Full Purpose Annexation The undersigned owners, representing at least a majority of the property owners of the total Area, consisting of 51.3 acres, known as a portion of the Willow Spring Subdivision, hereby request that the Area be annexed for full purposes by the City on or after January 1, 2009, such annexation date to be determined in at the City's sole discretion. Owners acknowledge that the City has authority to annex the area in accordance with Chapter 43, Subchapter C-1. Record Owner(s) Address Lot/Block i 'III,'% •'�; 'i'2 ./ 6 952000.01897:933059.01 Exhibit B Petition for Full Purpose Annexation The undersigned owners, representing at least a majority of the property owners of the total Area, consisting of 51.3 acres, known as a portion of the Willow Spring Subdivision, hereby request that the Area be annexed for full purposes by the City on or after January 1, 2009, such annexation date to be determined in at the City's sole discretion. Owners acknowledge that the City has authority to annex the area in accordance with Chapter 43, Subchapter C-1. Record Owner(s) Address Lot/Block L L2v 13159 Willow Ranch Way Lot 1 Block 1 13149 Willow Ranch Way Lot 2 Block 1 C, k �a04-4 3141 Willow Ranch Way Lot 3 Block 1 13133 Willow Ranch Way Lot 4 Block 1 13125 Willow Ranch Way Lot 5 Block 1 13117 Willow Ranch Way Lot 6 Block 1 CJ u 13109 Willow Ranch Way Lot 7 Block 1 13 101 Willow Ranch Way Lot 8 Block 1 • 13148 Willow Ranch Way Lot 1 Block 2 13140 Willow Ranch Way Lot 2 Block 2 13100 Willow Tree Ct. Lot 3 Block 2 13108 Willow Tree Ct. Lot 4 Block 2 13109 Willow Tree Ct. Lot 5 Block 2 13101 Willow Tree Ct. Lot 6 Block 2 Lyytf, � 1516 Willow Tree Dr. Lot 7 Block 2 1508 Willow Tree Dr. Lot 8 Block 2 1500 Willow Tree Dr. Lot 9 Block 2 1501 Willow Tree Dr. Lot 10 Block 2 ` 1515 Willow Tree Dr. Lot 11 Block 2 1523 Willow Tree Dr. Lot 12 Block 2 6 952000.01897:933059.01 EXHIBIT B CONTINUED 1531 Willow Tree Dr. Lot 13 Block 2 /46L �z 1537 Willow Tree Dr. Lot 14 Block 2 �� 1545 Willow Tree Dr. Lot 15 Block 2 1553 Willow Tree Dr. Lot 16 Block 2 1556 Westem Willows Dr. Lot 17 Block 2 -rnJ � 1548 Western Willows Dr. Lot 18 Block 2 a' 1540 Westem Willows Dr. Lot 19 Block 2 1532 Westem Willows Dr. Lot 20 Block 2 1524 Westem Willows Dr. Lot 21 Block 2 1516 Westem Willows Dr. Lot 22 Block 2 1508 Western Willows Dr. Lot 23 Block 2 1500 Westem Willows Dr. Lot 24 Block 2 1501 Westem Willows Dr. Lot 15 Block 3 1509 Westem Willows Dr. Lot 16 Block 3 v 1517 Westem Willows Dr. Lot 17 Block 3 Cirlxk;� ,�Gr� 1525 Western Willows Dr. Lot 18 Block 3 .a - - J--�--- 7-33 Westem Willows Dr. Lot 19 Block 3 541 Westem Willows Dr. Lot 20 Block 3 It 1549 Westem Willows Dr. Lot 21 Block 3 .1557 Westem Willows Dr. Lot 22 Block 3 1601 Westem Willows Dr. Lot 23 Block 3 16o9 bp- wr24 6lvck3 N 17 Y IQI1� r,�•�7:'J�: L/ 14, 952000.01897:933059.01 flf �aQlAK .{f Tf T e + CITY OF FORT WORTH 1000 THROCKMORTON STREET '`�•f *e;f +f FT WORTH TX 76102 Submitter: CITY OF FORT WORTH SUZANNE HENDERSON TARRANT COUNTY CLERK TARRANT COUNTY COURTHOUSE 100 WEST WEATHERFORD FORT WORTH, TX 76196-0401 DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 11118/2005 02:47 PM Instrument#: D205347861 A 9 PGS $44.00 11111 III1I 11111/III IN D205347861 ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.