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HomeMy WebLinkAboutContract 32895-E1 r 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 "CL") 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 1�dh p� x,.2005. The City of Fort Worth:, Texas By. 0,-- 6 . Charles Boswell City Manager THE STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on the � day of L 2005 by Charles Boswell, City Manager, on behalf of the City of Fort Worth,.Tex _ATTEST Notary Pub 1c, State of Texas arty Hendrix, Ay Secretary HETTIE LANE MY COMMI SSION EXPIRES ���� July 26,2007 APPROVED AS TO FnoLA A win LE(sa i�-v- v w� „IVIV T d - ASSISTA CITY ATTORNEY COntraC Zat 03L Date 3 952000.01897:933059.01 10/20/2805 17:18 8173928359 PAGE 07/15 Wlmdlftm4VrqmMr FagdlffWnAdbmd Oaere Rf 040IMMea,Let,a■ek , 4-4 SP�C i M )CA'01I S S l We x O .-vVI i)C4 �! 1 W I I I civ"Dy- QlAk) L14 VAI �'"1 22-I gjlucLZ-08 cry G� (?f e�pwlei i...'c'I(' h � �noidlylsewa b r a Bawd b r ae 1� bei d wiiee b is N M�w:e1e aeeei e�ieeewed b�wiwi�ieetreneet end oiew ZbrdmMwebewmwlfremeiirkwher=we l=deeraaW aedwatbyhbarbw e az ieeMeweet r pewee,ar>w aetlgrapaa bdnlid�iiri w.peva►aard,eaeeaid lie wel4w�k. 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Ndwy Te11k 4 4 952000.01897:933059.01 10/20/2895 17:18 8173928359 PACE 08/15 E1tli"A A pfd of 1t4 bang a portion of Willow Spring Ranch. an -4"" n to Taunt County, Tons. accon 11 to plat roc 1,1 1 in Cablad A.31de 8425,of the plat Raoade,Taerant Carroty,Testas,bang all of Lots 1 thmagh 8,Hlook 1,and all of Block 2,and all of L40 15 fto*24,13b*3,all of Willow Trow Drier,all of Willow Tree Coots,all of Willow Ranch Way,and W of Wate n Willows Drive,mt offn wet lige of"Lot 24,aeon ft to avid plat,and being mors pardouleft dewat'bed by nota and bo m&as lbilows, BBOIIVNM at the nor6aat coma of said Block 2,also bang tbo iderwtion of the south rW-of-sv of Avondale Hazlet Rosa and dw wet d&-of-way of WMow Springs Road; '14CE:wBh sold wat rW-of-way,South 00 dWoes 06 mmut es 47 secaods Wet, 1431.73 Seel,to the sowdwst corner of said Lot 15; 17i@10E:the fi t wio6 courses and dowoes with the south limas of said Lots 15 tbrougb 24; South 81 11 V 1 56 micuft 16 seconds Wast,101.76 fiat; South 67 degeas 09 minutes 33 aaotatda Weh,141.94 Lest; South 61 degree SS nenmes 10 sww&Wet,363.99 face; South 72 degees 06 nrmeme 0S seconds Was,306.07 Lot; Sat&88 detests 07 minutes 56 swands wet,212.05 Leet; and South 78 deVew 09 nimrtas 55 sewn&Wast,444.75 Am*,to the southwest ocean of said Lot 24; TF> MM-the following carnes sod distitoa with the wast lines of said Lot 24; Nadi 33 degas 31 mitides 03 soondt Week 162.00 let; Norm 25 daps®59 minutes 50 mm&Wald,126.42 fact; and NORTH, at 96.00 fad,pass dew soodh rW oFway of acid Western Willows Drive, in all 148.00 feat,to the meth right-of-way of sold Westin Willows Drive,and being in thou soa9e line of said Lot 8; TUINCE:with said north rW-of-way,and acid sowih Vat,Wait,114.30 Loet,to the wall wet corner of said La 8; TEM NCE:the foifowheg courses and didsooas wlth do wast lion of sold Lots 1 through 8; NORM 245.78 fwat,to the methwaet caner of soil Lot 7; EAST 29.45 Cees,to the aoatirwat corner of acid Lot 6; NORT R.503.06 Leet,to the not A I caner of Lot 11,in said Bloch 1; WEST 29.45 met,to the moat northerly i n,thtasst corner of said Lot 3; and NORTH,312.03 foes,to the:nordiwat carnet of sold Lot 1,and being in sold south right-of- way of Avondale Basins Road; TIMNCE: with said with Allbt-of-way of Avondale N=W Road North 89 degroes 26 mimua 23 a,,-nm' East, 1743.26 Seat,to the MACE OF BWV4NM, and contating some 51.3 sora of land, mare ea lass. i �V �� � L� 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 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 ` 13159 Willow Ranch Way Lot 1 Block 1 13149 Willow Ranch Way Lot 2 Block 1 3141 Willow Ranch Way Lot 3 Block 1 '. '1 ..�`.//rr ` YiI"�.. a Jin Tar bra• 13133 Willow Ranch Way Lot 4 Block 1 a-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 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 ILI 13108 Willow Tree Ct. Lot 4 Block 2 — _ 13109 Willow Tree Ct. Lot 5 Block 2 - _ 13101 Willow Tree Ct. Lot 6 Block 2 - AAA- 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 Iy, .. `.. 6 952000.01897:933059.01 v 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 Western 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 Western Willows Dr. Lot 21 Block 2 1516 Western Willows Dr. Lot 22 Block 2 Azl� 1508 Western Willows Dr. Lot 23 Block 2 Q� 1500 Western Willows Dr. Lot 24 Block 2 1501 Western Willows Dr. Lot 15 Block 3 1509 Western Willows Dr. Lot 16 Block 3 1517 Western Willows Dr. Lot 17 Block 3 CcrdUtat;r 1525 Western Willows Dr. Lot 18 Block 3 7133 Western Willows Dr. Lot 19 Block 3 541 Western Willows Dr. Lot 20 Block 3 1549 Western Willows Dr. Lot 21 Block 3 ,.,J,/-,1557 Western Willows Dr. Lot 22 Block 3 1601 Western Willows Dr. Lot 23 Block 3 /609 LA-)EST6cnw',u.�xDa- Lor2 4glvG(�.3 tom♦ (III7 ,ar�.,-:,, _ 7 952000.01897:933059.01 aa�.,ar'k+a -lie • 6-4 CITY OF FORT WORTH *,. 1000 THROCKMORTON STREET '•t "i*��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: 11/1812005 02:47 PM Instrument M D205347831 A 9 PGS $44.00 I Iii!{II����IIIII IIIN IIIII iflll�����1111111111111111111 IN D205347831 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.