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HomeMy WebLinkAboutContract 32895-C CITY SECRETAR�� q � c CONTRACT NO. AGREEMENT TO POSTPONE FULL PURPOSE ANNEXATION AND EXTEND LIMITED-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 "Cily") 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 �Xr 2S,.2005. The City of Fort Worth:,Texas By. C.P/�O,�Q,p,v a, l n .. ,Q Charles Boswell City Manager THE STATE OF TEXAS COUNTY OF TARRANT -eet This instrument was acknowledged before me on the day of � F 2005 by Charles'Boswel��empty Manager,on behalf of the City of Fort Wo --� AT�MST Notary Pubic, State of Texas Marty Hendrix, Aity Secretary a. 3 HETTIE LAN ` MY commissloN EXP RES July 26,2007 APPROVED AS TO x.007 FORM AND LEGALITY: SI ANT CITY ATTORNEY Contract -Authorizatiox Date 3 952000.01897:933059.01 19/29/29a5 17:18 8173928359 PACE 87/15 lA�aryr Addraw aloatn Mab {M�rMNty 4R Menet Glayne a�(?)f is-00 Wes-ttial. ev;ilcw gee cgs n balallolos pr (lane►, �f 41Naslef,l')( Amoy L d T �- (jQ,t�7L+►c,,� g� 6)DW, 2_ aM "� M'a�Y os pauoAatlX=b m or pvwd to r as to btaY d and aalw�Ma�al b s Aaa bow aba wnw d i w Js W ar bar adiwlead atpa I ty ani Ant lly Ala or tie elpattan a Aa ipttaea,or M soft"bdmffofvU*ab pmw as"awaaatd ab +aa4waaa. TRACEY STERNER WIlb.w mybad aed afflM awl. NOTARY PUBLIC,STATE OF TEXAS MY COMMISSION EXPIRES 1bOoaeaiaaiaa /�a' Ni71, 4,2W6 aMY oa.w* •1s* F Imam bwe of a�Mre�wio b M tea b'e a powd b ens an be pawwl aaaw b aha wid�io iiMlfaalaot and adawadaillVd b ow Art bear aha awm"i aaaw le Mar bar aqasig4 ad flue by Ida or br tl/ulan as i lMw,�t Ae)•wn,ar i ataMpapa�t babrlfd.ebfah d.parwat natal,aaaeaad i ia!*■tat. WMaeas�head anal a�ieid aetL 7th bbCaaWta atpiea 4 4 952000.01897:933059.01 10/20/2885 17:18 8173928359 PAGE 08/15 Zzh"A A paroai of hod, b9iog a palion of Willow SMW RMWJ6 an additim to TOM* Cwmty, Tattae6 a000sdatg in pot tmofa I in UAW A.SBds 8423,of&e PW taow& Tartart County,Tama„being all of Lob 1 thtwo 8,Block 1,and all of Bbok 2.ad aB of Lob 15&to*24,Bbok 3.dl of Wpow 7Y«Drive,an of WM*w The Cam%all of Willow Raub war,sod all of Watem Wt7lows Dove,cat of In west live of Mid Lot 24,sooad6tg m said plat.ad bslog male partit Warty&amt ed by metes mod bouede a foo % BB(iD NM at the nabna corns of said Book 2,also being do' of the sou&ti8bt-ofway of Awn"Hauler Roel,and 159 wast r*kA way of Willow kvmp Road; THERM with old want 440-c0iway,South 00 deem 06 mnades 47 mmb Wet, 1031.73 thee,to the soul a d oaoar of said lot t 5; TH&10E:the ibllowiog atttemes and dimtem s with the m m&lima of aid lob 15 tl wo 24, South 8I dq m 56 resinates 16 me=&WOO,101.76 204 Samir 67 dsgtalo 09 minnla 33 moob WOO,141.94 flet; South 61 dWm 55 miaaam 10 mm&Wast,363.99 feet; South 72 arum 06 a - tsesa 05 aeoa■b Wet,306.07 flout; Soo&88 "qp , 07 minutes 56 aomde Wast,212.05 bet; mnd South 78 dgpm 09 t 1 1, 55 secattds Wag,444.75 hot,to the mou&waat txrmer of aid Lot 24; TF114TiC&the Wowing oovrm and dtManm wide&e wast lines of acid Lot 24; Nath 33 dapeem 31 t mialft 03 sm=6 Waet,16100 feat; Nash 25 dgtma 59 ttskOft 30 comb WW%126.42 fit; mad NORTH, at 98.00 fact;pas the soar&tho6of-way of aid Wastern Willows Drive, In an 148.00 foot,to the north dahlrof�way of said Western WMm Drim and boiling m&9 we&line of said Lots; THBNCE:with said meth ri&-ofawiy,and said sam&lin%Wart,114.50 he4 to&e so ftW amm of said Lot 8; TIER CE:&e foBowiog oourm anddies- ' wl&&e west Boa of said Lob 1 tbnoa&8; NORTH,245.78 fmk to the noe&aaset aaaer of aid Lat 7; EAST 29.45 fors,to the sold mast ooma r of said Lot 6; NORTH,303.06 set,to the ttasd omm ofLot 11.In said Bks*1; WEST 29.43 ibet,to tht:most notdwV soutbarast carnar of aid Lest 3; arid NOKTl1,312.03 foes,b 159 nathwat ammer of aid lot 1,sod bdog i4 Mid south rigid-of- way o f Avc desk Huta Rosd; THM14CE: with aid south nabt-cfrway of Mandeb>ifaiat RcmA Nath 89 dwm 26 mfiaa<ees 23 loam&Bast. 1743.26 feat,to the PLACE OF Wti1M1OW,ad ocataimiog scares 51.3 was of 1m 4 mese or les. k LO lzy DQ 5 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 C'01 rid, 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 C §::`"r+�' 13159 Willow Ranch Way Lot 1 Block 1 4)13149 Willow Ranch Way Lot 2 Block 1 6A4#,"3141 Willow Ranch Way Lot 3 Block 1 G^ 13133 Willow Ranch Way Lot 4 Block 1 GU u"b;Ij 13125 Willow Ranch Way Lot 5 Block 1 13117 Willow Ranch Way Lot 6 Block 1 13109 Willow Ranch Way Lot 7 Block 1 13101 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 D Ut,ie'1 � 4 13108 Willow Tree Ct. Lot 4 Block 2 U C�z,C� — 141�,. J---I!-— r N-13109 Willow Tree Ct. Lot 5 Block 2 yi 13101 Willow Tree Ct. Lot 6 Block 2 - ,n,,J 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 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 1548 Westem Willows Dr. Lot 18 Block 2 j1540 Western Willows Dr. Lot 19 Block 2 1532 Western Willows Dr. Lot 20 Block 2 1524 Westem Willows Dr. Lot 21 Block 2 1516 Western Willows Dr. Lot 22 Block 2 1508 Western Willows Dr. Lot 23 Block 2 1500 Westem Willows Dr. Lot 24 Block 2 1501 Western Willows Dr. Lot 15 Block 3 1509 Western Willows Dr. Lot 16 Block 3 I 1517 Western Willows Dr. Lot 17 Block 3 CcrdUw� 1525 Westem Willows Dr. Lot 18 Block 3 133 Westem Willows Dr. Lot 19 Block 3 541 Western Willows Dr. Lot 20 Block 3 •l, 1549 Western Willows Dr. Lot 21 Block 3 1557 Westem Willows Dr. Lot 22 Block 3 1601 Western Willows Dr. Lot 23 Block 3 " w�sT Gc�', a+e- wrl 4 B lvck3 C',0 7 952000.01897:933059.01 irT.aaryw i T y CITY OF FORT WORTH `•. x ' 1000 THROCKMORTON STREET r ■ Ty • rrr..py•r 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: 11/18/2005 02:47 PM Instrument M D205347859 A 9 PGS $44.00 >77 7�� 11111111 IIII 11111 IIIII IIIII VIII VIII VIII 11111 VIII IIII IIII D205347859 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.