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HomeMy WebLinkAboutContract 32895-I ., 10/23/200 10:29 12622381952 DON-JOHNSON PAL*- U1 -� CiT Y ,a �j ECRETARY I-'0NTRACT NO ` ' TION AND NEXA. PULL PURPOSE AN TIGN 1ST TO pOSTP D.pU%p0SE ANNEXA. Pu 05e pGRP,EMCNII ND LIM and luxtend Limited ernment Code one Full Purpose ....tion Local Go cment to Poste tiro pursuant to Texas and the Property This Agre recment") is entered � Worth Texas (the "W') Annexation (this " and�Geri the City of Port lOwners")• Section 43.127, by cement as identified below ( _r owner4 wbo have executed this Agr REI ALS WMEEtEAS, the City annexed an area known as the 287 Zone for limited purposes on 7,2003 in accordance with State law (Ordinance No. 15389); Januaryof a potion of the WHEREAS, the 287 Zone includedn the attached Exhib-acre area �t A(the"Area" Willow Springs Ranch subdivision.described i 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; WEREAS, Owners have requested that full purpose annexation of the HArea 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: 952000.01897:933(),59,01 10/23/2005 10:29 12622381952 DON-JOHNSON PAGE 08 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 'l, 2009, in the City's sole discretion, Section 3. Continuation gf`Limited Purpose Annexation Status. The limited purpose annexation stains 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 Arca is annexed for full purposes. Section 4. Voluntary!'ull-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 arca 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 d.isannexation 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 S. 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 95 2000.01897;93 3059.01 u .�__l 10/23/2005 10:30 12622381952 DON-JOHNSON PAGE 09 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 hG✓0 ;.2005. The City of Fort Worth:,Texas By. 6Z, Charles Boswell City Manager THE STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on the day of2005 by Charles Boswell, City Manager, on bcbalf of the City of Fort Worth,Texa ATTEST Notary Pu ie, State of Texas Marty Hendrix,C' Secretary HETTIE LA ` MY CO SION NE APPROVEDAS TO Juy'26 200 PIKES FORM AND LEGALITY: ASSISTA CITY ATTORNEY Coatract authorizat'on mmv Date 3 952000.01 R99:933059.01 /,-j ;; U � � wPa�ll11 Vn"1% 10/23/2005 10:30 12622381952 DON—JOHNSON PAGE 10 r 10/20/2ME 17:19 91739293" PAGE 13/15 lowswomAlmod ow� r""m Llr•Mk •c3�pven� � 1731 w;Ilow 'mak a �hnse�✓ T�tt7.rites.. �,�•�>L5.','�� - �dlylns�bMat9lv►•dbOeabe .,•••••,. wdbMMt•1M+er sn1•M bMwltlli4iNtrr9MrtW �►'• � rr'rtlireri•NUMMrrrl�liM•tfr•IM�wde�prlgr,rddYtb)M�arlw s -n.J O' • '4w.�cM}•nrs,er M rD�b�Mlfa[e►rie>t M D •M4 r t�. cwbkvb rr Yr/w aeead wl. G 4 . ��200Narer�tii4 VAWd Oww+ rmppb IN 4 fir, sba �Ne►►llere QMered b ra 1M 1►riid y bl•Me�r,eiwr� bMn"bovil ad iwl•��leu•Mt>N•r/1•w•�•M�.�W•r Mr•rbNo!a'eor�,�/4r1 Ids•rte �e�r IMr�cr�ar M w1�b+�M wKef.Ml/�M*was rK rewU•a • 1Mr�1. wi1�rr r7'Y�14 ai eAIY!wl Ne•�r/�rda 4 4 952000. 1897:93,1074-01 I _ 10/23/2005 10:30 12622381952 DON—JOHNSON PAGE 11 10/201200S 17:16 9173928359 PAGE 00115 3366 A A prrod of ha4 b*$a PmdM Of WMM 3001110 Rasah, an add11l0a b Tomsk Coat, Tessa, woof,in plat to ,1 4 in Cabw A.Skids 8W.of the Piu Rwwdti Tarnet Quo.TWA%bolas all of Led 1 6mo 9,Block 1,std at of Me*2.td 0 of Ldta 17 thlon b 24 shot,3,AN of W10ow Tsui Drb%a-of Widow Tim Coo%all of Wbbw Reach Wry.and ail of Wmutn Wiilws Ddv4 auk of On welt go of MW to 24,saws l�10 mid pIM.and b ft tattle ptlttiatdaely dksmibed 67 mdw,tad boaadl rib PM BB130MM d the so 6caat mw of mid Block 2,also being the loMn.otica of this south rW-*FwgY n(Avoodab He"Rao and thewast d*4f-*WdtWM w 90111111104' TH>�ACB:with odd wmt ryhtofrwaY.Bomb 00 deDew 06 apn 1-47 ammila WaK 1031.73 K b the aeot3mat MW of mid Lot 13; '17 OM,this lbloarhn dontms and diataadm with the 096 iiam of mid Lees 15 Olnt*24; Saab It dspww 56 mmulm Id Mob WM.101.76 604 squib 67 depew 09 saWAw 33 swood!Wmt,141.94 dirt; S*Wh 61 drpew 55 MMAI s 10 MM&WM,963.99 fide; Svu*72 4W=06 WAMw 05 ameeds Wats.306.07 foot; Soft u dtpm 07 uhrelrs 56 medals WcK 212,05 lbts; .d 1loatb 78 d#V M 09 mintltu 55 saoande Wast,444.73 AW,16 tM sea grist coma of said Lot 24; 'P!#NC&die 6119wiet dotwm Bad d slarow with Ow wart 164 of mid Lot 24; Nath 03 down 31 n iautes 03"ooh Walk 16L001be1; N&M 25 6W=59 mtttti M womb Woo.12IL42 2M wd NO1t'1'!!,a 96.00 boast,was dw Boots dsldwey of mW Wsoere Wdhm Drive,be all 145.00 feet.to the north tib W-aw of mW Wean Willows Drive,and being in the sosA tiers of mid Eat 1; THBNCE:with mid north r*411OW,and raid setas lhte,West,114.30 iO4 to the W thwmt ommr of mld Lot 1; MIME do blotrhtd MM tied dWaoew with tha west New armld Lad 1 arm*8; NORTH.243.78 fok to be srorthawt boomer of said Lot 7; IW 29-45 f00%ro dye walromt odracr timid Let 6; NMU,503.06 Ret,in the aardtmd awwr ofLat 11,is mid Bin*1; WIM 29AS!loot,to dye Droll sarthdy saelhwwt dm w of sold Lot); Bad NOtq}L,3L2 os>Rer,b be ttottbwlet emm of mid Let t,sed bdog is add melte d*t+aF way of AVOrMe Na"Itad; TURNM whh add soseh d* o>ww of Mandela Huila/Reed,Xw%89 dddtas 26 sloulas 23 sot A Belt, 1743.26 dM,w the PLACB OF BBODMM,and amdidsd WM$1.3"M ad 104 mon or low. 5 952000.01897:933059.01 ii r' FL 10/23/2005 10:31 12622381952 DON-JOHNSON PAGE 12 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 6 952000.01897:933039.01 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 �r 13159 Willow Ranch Way Lot 1 Block 1 13149 Willow Ranch Way Lot 2 Block 1 3141 Willow Ranch Way Lot 3 Block 1 '�� `�' J ►,.�"` 13133 Willow Ranch Way Lot 4 Block 1 13125 Willow Ranch Way Lot 5 Block 1 13117 Willow Ranch Way Lot 6 Block 1 13109 Willow Ranch Way Lot 7 Block 1 r~-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 > . , �� CkaL wit 4 �,, 13108 Willow Tree Ct. Lot 4 Block 2 J---�-- r-13109 Willow Tree Ct. Lot 5 Block 2 U 13101 Willow Tree Ct. Lot 6 Block 2 -- - 1516 Willow Tree Dr. Lot 7 Block 2 1508 Willow Tree Dr. Lot 8 Block 2 r --1500 Willow Tree Dr. Lot 9 Block 2 1501 Willow Tree Dr. Lot 10 Block 2 1515 Willow Tree Dr. Lot 11 Block 2 r' 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 Western Willows Dr. Lot 18 Block 2 1540 Western Willows Dr. Lot 19 Block 2 1532 Western Willows Dr. Lot 20 Block 2 1524 Westem Willows Dr. Lot 21 Block 2 ell � �� 1516 Westem Willows Dr. Lot 22 Block 2 1508 Western Willows Dr. Lot 23 Block 2 ( llrc, 1500 Westem Willows Dr. Lot 24 Block 2 1501 Westem Willows Dr. Lot 15 Block 3 �Y q . ` 1509 Westem Willows Dr. Lot 16 Block 3 �7 1517 Western Willows Dr. Lot 17 Block 3 Cc; nRw� �t.°-w 1525 Western Willows Dr. Lot 18 Block 3 U. 7133 Westem Willows Dr. Lot 19 Block 3 541 Westem Willows Dr. Lot 20 Block 3 Li 1549 Western Willows Dr. Lot 21 Block 3 557 Westem Willows Dr. Lot 22 Block 3 1601 Westem Willows Dr. Lot 23 Block 3 1609 Da- wrZ 4 SLock3 bUh am; 7 .. 952000.01897:933059.01 i CITY OF FORT WORTH 1000 THROCKMORTON STREET r"•r;. "r rrR•*yr 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#: D205347853 A 9 PGS $44.00 11111111 flll Illfl 11111 Ilfll Iflll Iflll II111 Ilill Iflll 1111 IIII D205347853 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.