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HomeMy WebLinkAboutContract 42238CITY secREraaYY?. ,�3`CONTRACT NO. NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE REAL PROPERTY RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER DEVELOPMENT AGREEMENT TEXAS LOCAL GOVERNMENT CODE §§ 43.035 & 212.172 .-fly THIS AGREEMENT is made and effective this it day of ? , 20 t t , by and between the City of Fort Worth, Texas, a home rule municipal corpora ion of the State of Texas located within Tarrant, Denton, Wise and Parker Counties, Texas (hereinafter referred to as "City") and James M. Judge, hereinafter called "the Owner", whether one or more natural persons or other legal entities, and is as follows: WHEREAS, the Owner's property within Exhibit A, hereinafter called "the Property", is located within the extraterritorial jurisdiction of the City and is subject to municipal annexation; 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; 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 offered to enter into an agreement guaranteeing the continued extraterritorial status of the Property upon the terms and conditions hereinafter provided; and WHEREAS, the City desires that any development of the property be in conformance with the City's Comprehensive plan; and WHEREAS, the Owner desires to enter into this Agreement to secure the continued extraterritorial status of the Property: NOW THEREFORE, in exchange for the mutual covenants, conditions and promises contained herein, City and Owner agree as follows: 1. Identification of the Property. The Property is described as the property owned by the Owner within the boundaries of the area described in Exhibit A attached hereto and incorporated herein by reference, more particularly described as Tract 2 of the P.M. Smith Survey, Abstract 1170, which is appraised for ad valorem tax purposes as land for agricultural use. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 09-08-1 1 AW :41 OUT 2. Continuation of Extraterritorial Status. The Property shall not be annexed and shall remain in the extraterritorial jurisdiction of the City as long as this agreement is effective, 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 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 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, and this Agreement shall not be deemed a permit for the purposes of Texas Local Government Code Chapter 245. The Owner consents to the applicability of all regulations and planning authority of the City that do not interfere with the use of the area for agriculture, wildlife management or timber, including, but not limited to, development regulations, zoning 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 cunently 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 City's most recently adopted Comprehensive Plan. Ownei 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. 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. Annexation Upon Subdivision or Change of Use. This agreement is void if the Owner fails to continue to use the Property solely for agricultural, wildlife management or timber use and/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 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. 5. 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 and/or Section 43.035 of the Texas Local Government Code, whichever comes first. Upon termination, 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. 6. 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 3 Property and to the City. This Agreement may not be revised or amended without the written consent of both parties. 7. Notice of Sale of the Property. 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 and shall provide a copy of such disclosure to the City. 8. 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 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: CITY: Fernando Costa, Assistant City Manager City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 Facsimile Number: 817-392- -_ MA ( 49c James M. Judge 18314 FM 156 South Justin, Texas 76247 9. 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. 10. 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. 11. Governmental Powers. It is understood that by execution of this Agreement, the City does not waive or surrender any of its governmental powers. 12. Captions. Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 13. Modification of Agreement. This Agreement cannot be modified or amended without- the --written- consent- of all- the- parties- hereto-and-attaehed-- and-- made-- a- part -of this -- Agreement. 4 Division and construed in conformity with the provisions of Texas Local Government Code §43.035. IN WITNESS WHEREOF, the parties have signed and executed this Agreement effective as of the date first set forth above. OitT RTH CL- Fernando Costa Assistant City Manager Approved as to Form and Legality 11 Q ) ri n Assistant City Attorney ATTEST City Secretary State of Texas § County of Tarrant § This instrument was acknowledged before me on the /it_ day of�6-471e0'lde/�, 2011, by Fernando Costa, Assistant City Manager of the City of Fort Worth, a Texas municipal es M. Judg se4- `Pa OR C 397¼al e7r. IC°a0900c� ; {f 0 A, 9 P'&attt< Ot - • �} � 3 0 corporation, on behalf of said corporation. AnStA.4_, f e % Notary Public • State of Texas aemitiv§ County of �arrsntr § This instrument was acknowledged before me on the by James M. Judge. 5 OFFICIAL RECORD CITY SECRETARY Ft WORTH, TX a EVONIA DANIELS MY COMMISSION EXPIRES July 10, 2013 ay of i'�YPr e-c•*•. 1its • I;• •••{ Of • 2011, AWL. t, v' E WART `- rtirteic State of Texas My Commission Expires July 1n,2011- 1 5 After Recording Return to: City Secretary City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 • OFFICIAL RECORD CITY SECRETARY Ft WORTH, TX COUNC ACTION: Approved on 8/9/2011 GENERAL INFORMATION: DATE: Tuesday, August 09, 2011 LOG NAME: 065030 DEVELOPMENT AGREEMENTS 8-11 1 attachment found. REFERENCE NO.: **C-25092 SUBJECT: Authorize Execution of Development Agreements in Lieu of Annexation with Multiple Property Owners for Property Located Generally West of Old FM156 and South of SH114 (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council authorize the execution of a development agreement between the City and multiple property owners for the application of development standards in lieu of annexation for property located generally west of Old FM156 and south of SH114 in unincorporated Denton County. 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 an area for annexation consideration this year where property owners have opted for development agreements in lieu of annexation, Area 73. Approximately 1,056 acres of land in Area 73 qualify for the development agreement in lieu of annexation, as shown on Exhibit A. The owners of these properties have signed their respective agreements. The development agreements will provide for the enforcement of development regulations including: zoning and subdivision ordinances in accordance with the Comprehensive Plan, municipal building, mechanical, plumbing residential, energy and fire codes building permit requirements, minimum building standard codes, e nvironmental protection/compliance and health codes, prohibitions on septic tanks, gas drilling and production o rdinance, and other City regulations as they currently exist or may be enacted in the future. Additionally, the owners consent 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. All properties are in the extra -territorial jurisdiction adjacent to COUNCIL DISTRICT 2. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. FUND CENTERS: TO Fund/Account/Centers CERTIFICATIONS: S ubmitted for City Manager's Office by: O riainatina Deoartment Head: Additional Information Contact: ATTACHMENTS 1. Exhibit A - Area 73 devel aareements.pdf (Public) FROM Fund/Account/Centers Fernando Costa (6122) Randle Harwood (6101) Beth Knight (8190) Area 73. 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Ct a • I a%10 Jae L+'yLasto AL, a. 4 J4 Ms Ls I. -1 • • rig I I r i. t 1 I 1 / I • 1 WA TR ,P Fen yob z STATEHWY 114 HWY114 35W i 4D El 81 5W 170 i • I// 1 r 1 1 1 I t 1 1 1 r Legend 0 Fort Worth City Limits Fort Worth ETJ 0 0.25 0.5 c 1 Miles I I -I/ FORT WORTH� T � Planning & Development Department 7/29/11- BK ETJ Subject to Development Agreement COP YR/GHT2011 CITY OF FORT WORTH UNAUTHORIZED REPRODUCTION IS A VIOLATION OF APPUCABLE LAWS THIS DATA IS TO SE USED FORA G RAPH.CAL REPRESEHTATIC11 ONLY. THE ACCURACY IS NOT TO BE TAKEN USEDASDATA PRODUCED FOR ENGNEERNG PURPOSES OR BYA REGISTERED PROFESSONAL LAND SURVEYOR. THE CITY CFFORT WORTH ASSUUESNORESPOILS31LneFOR THE ACCURACY OFSAID DATA 11 11 11 11 11 H 0 2011 000 35047 U 11 11 Recorded On: September 09, 2011 Parties: CITY OF FORT WORTH To Comment: Agreement 31.00 Total Recording: 31.00 Denton County Cynthia Mitchell County Clerk Denton, Tx 76202 Instrument Number: 2011-85047 As Agreement ( Parties listed above are for Clerks reference only ) ** Examined and Charged as Follows: ** Billable Pages: 6 Number of Pages: 6 k�gra•� 1. A tat RECEIVED SEP 21 2011 61\ Ask rt MI) 41 ************ DO NOT REMOVE. THIS PAGE IS PART of THE INSTRUMENT ************ Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. File Information: Document Number: 2011-85047 Receipt Number: 827050 Recorded Date/Time: September 09, 2011 01:37:1 OP User / Station: S Parr - Cash Station 3 72. 1820I, t Record and Return To: CITY SECRETARY CITY OF FT WORTH 1000 THROCKMORTON ST FT WORTH TX 76102 THE STATE OF TEXAS } COUNTY OF DENTON } I hereby certify that this instrument was FILED in the File Number sequence on the date/time printed heron, and was duly RECORDED in the Official Records of Denton County, Texas. C'jutckr.. County Clerk Denton County, Texas CITY SECRETARVJ/ CONTRACT NO. Lit 30 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE REAL PROPERTY RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER DEVELOPMENT AGREEMENT TEXAS LOCAL GOVERNMENT CODE §§ 43.035 & 212.172 THIS AGREEMENT is made and effective this daySeyrk-, 20 1I , of by and between the City of Fort Worth, Texas, a home rule municipal corporation of the State of Texas located within Tarrant, Denton, Wise and Parker Counties, Texas (hereinafter referred to as "City") and James M. Judge, hereinafter called "the Owner", whether one or more natural persons or other legal entities, and is as follows: WHEREAS, the Owner's property within Exhibit A, hereinafter called "the Property", is located within the extraterritorial jurisdiction of the City and is subject to municipal annexation; 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; 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 offered to enter into an agreement guaranteeing the continued extraterritorial status of the Property upon the terms and conditions hereinafter provided; and WHEREAS, the City desires that any development of the property be in conformance with the City's Comprehensive plan; and WHEREAS, the Owner desires to enter into this Agreement to secure the continued extraterritorial status of the Property: NOW THEREFORE, in exchange for the mutual covenants, conditions and promises contained herein, City and Owner agree as follows: 1. Identification of the Property. The Property is described as the property owned by the Owner within the boundaries of the area described in Exhibit A attached hereto and incorporated herein by reference, more particularly described as Tract 2 of the P.M. Smith Survey, Abstract 1170, which is appraised for ad valorem tax purposes as land for agricultural use. 09-08-11 A09 : 41 O U T 2. Continuation of Extraterritorial Status. The Property shall not be annexed and shall remain in the extraterritorial jurisdiction of the City as long as this agreement is effective, 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 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. 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, and this Agreement shall not be deemed a permit for the purposes of Texas Local Government Code Chapter 245. The Owner consents to the applicability of all regulations and planning authority of the City that do not interfere with the use of the area for agriculture, wildlife management or timber, including, but not limited to, development regulations, zoning regulations, building, mechanical, plumbing, residential, energy and fire codes, building peiuiit 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 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. 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. Annexation Upon Subdivision or Change of Use. This agreement is void if the Owner fails to continue to use the Property solely for agricultural wildlife management or timber use and/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 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. 5. Term. This Agreement shall teu ninate 5 years after the effective date of this Agreement or upon annexation of the Property in conformance with this agreement and/or Section 43.035 of the Texas Local Government Code, whichever comes first Upon teiiuination, 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. 6. 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 2 Property and to the City. This Agreement may not be revised or amended without the written consent of both parties. 7. Notice of Sale of the Property. 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 and shall provide a copy of such disclosure to the City. 8. 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 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: CITY: Fernando Costa, Assistant City Manager City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 Facsimile Number: 817-392 James M. Judge 18314 FM 156 South Justin, Texas 76247 Title w 0 9. 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. 10. 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. 11. Governmental Powers. It is understood that by execution of this Agreement, the City does not waive or surrender any of its governmental powers. 12. Captions. Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 13. Modification of Agreement. This Agreement cannot be modified or amended without - the —written- consent of all- the parties- hereto- and—attached--and-made-a-- part- of - this Agreement. 4 Division and construed in conformity with the provisions of Texas Local Government Code §43.035. IN WITNESS WHEREOF, the parties have signed and executed this Agreement effective as of the date first set forth above. 1 7 , FORT aRrLii Fernando Costa Assistant City Manager Approved as to Form and Legality By: AutL2L-- 12.1,vm4 Assistant City Attorney 4tt CZ6 D4 Z ATTEST City Secretary State of Texas § County of Tarrant § ����� This instrument was acknowledged before me on the �� day ofJQ%'EJ�'/�O2` , 2011, by Fernando Costa, Assistant City Manager of the City of Fort Worth, a Texas municipal corporation, on behalf of said corporation. �1t • ( 1 )1 o� James M. Judg -INS=. ivr.- If 0 414 to' "Cr 00o T oite N Oe Woo . IC?. tt git o % ij 000 A' Qho%0 * �� Q000044tittelgetta9ta,fir Notary Public State of Texas .6enfeiv§ County of r § EVONIA DANIELS MY COMMISSION EXPIRES July10,2013 This instrument was acknowledged before me on the �,� by James M. Judge. 5 1i /! day of Xheu4 ,2011, • r• f • 9;,• • Ff Pi. •- •. • - ---• a-.-.41m1elma •ram t»MM►t- t, S'EWART rt$r/Iic• State of Texas My Corr.;rission Expires Juhi 10, 2011 ( l _!/1/! �1� tary Public After Recording Return to: City Secretary City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 5