HomeMy WebLinkAboutContract 55422~ x.t> ,..x:.~ \ •,. PRE-ANNEXATION AGREEMENT
CITY SECRETARY
(, . ..,;·;TRA.CTNO. 554a~
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1 ~~~ \ ~~t~ · BETWEEN THE CITY OF FORT WORTH, TEXAS
\ ~t~~~~ AND
\l "~: ; CARL EDMOND WILLIAMS AND DOROTHY JAYNE WILLIAMS
FAMILY REVOCABLE TRUST
TIDS PRE-ANNEXATION AGREEMENT ( "Agreement") is made and entered into this 9-\N\ day of (Y)G..K.h , jOzt , ("Effective Date") by and between the City of ort
Worth, a home rule municipal corporation located i~ the state.ofTex_as, ("City'') and si~at i? in
portions of Tarrant, Denton, Johnson, Parker, and Wise Counties, actmg by and through its ttuly
authorized Assistant City Manager, and Carl Edmond Williams and Dorothy Jayne Willi ms
Family Revocable Trust, (hereinafter referred to as the "Owners").
RECITALS .
The parties agree that the following recitals are true and correct and form the Basis
upon which the parties have entered into this Agreement.
WHEREAS, Owner owns certain parcels ofland situated in Tarrant County, Te, as,
which consists of approximately 1.2720 acres of land in the City's extraterritorialjurisdic · on,
such property being more particularly described and set forth in Exhibit A attached and
incorporated herein by reference ("Property"); and
WHEREAS, the Property is located within the City's Certificate of Convenience and
Necessity areas for water service; and
WHEREAS, the Property is located within the City's Extraterritorial Jurisdiction an not
presently contiguous to the City; and
WHEREAS, the Owner of the Property has requested water and sewer service to the
property and pursuant to the City's annexation policy, all property to receive such services must
be within the corporate limits of the City or the Owner must agree to be annexed into the corpo ate
limits of the City when the Property becomes contiguous to the City; and
WHEREAS, the Owner desires to petition the City to annex the property pursua to
Subchapter C-3, Chapter 43 of the Texas Local Government Code into the City at the time the
Property becomes contiguous to the City; and
WHEREAS, the parties acknowledge and agree that this Agreement constitutes a peti ion
for the voluntary annexation under the provisions of Subchapter C-3, Chapter 43 of the T xas
Local Government Code, and upon the request of the City the Owner shall execute all applica · ns
and documentation required by Texas law; and
WHEREAS, the City is currently classified as a Tier 2 municipality for purpose
annexation under the Texas Local Government Code ("LGC");
Pre-Annexation Owner-Initialed Annexation Water Service Agreement
OFFICIAL RD
CITY SEC
FT.WO
WHEREAS, Section 43.0671 of the LGC permits the City to annex an area if each o er
ofland in an area requests the annexation;
WHEREAS, the annexation and execution of this Agreement are subject to approv l by
the Fort Worth City Council; and
NOW THEREFORE, in exchange for the mutual covenants, conditions and pro
contained herein, City and Owner agree as follows:
l. PROPERTY. This Agreement is only applicable to the Property, which is more particu arly
described and set forth in Exhibit "A''.
2. INTENT. It is the intent of the City and Owners that this Agreement to be annexed w en
the Property becomes contiguous to the City shall allow for the provision of w~ter
and/or sewer services to the Property in accordance with the City's annexation pol'cy
and state law. As a condition of said provision of water and/or sewer services, the City
annex the Owner's land upon it becoming contiguous and adjacent to the City corporate l'
in accordance with Chapter 43 of the Texas Local Government Code. The fo
Petition/Consent for Annexation is attached hereto as Exhibit "B" and made a part hereof. o
further consent of Owner shall be required for the City to annex said property at some ti e
in the future upon it becoming contiguous and adjacent to the City corporate limits. Upon he
request of the City, the Owner shall execute all applications and documentation required by
Texas law.
3. WATER AND/OR WASTEWATER SERVICES. Upon execution of this Agreement the
City will provide water and/or sewer services in a manner that is consistent with its poli ies
and procedures in effect and in compliance with Chapter 35 of the City Code. Owner wi~l be
responsible for all costs for the establishment and/or improvement of public service delit ery
systems to the property in accordance with such policies and regulations and any opier
applicable law, including the City's infrastructure extension policies and developer or property
owner participation in accordance with applicable city ordinances, rules, regulations, nd
policies.
5. AUTHORITY. City and Owner represent that they have full power, authority and legal
to execute, deliver and perform their obligations pursuant to this Agreement. 0 er
acknowledges that approval of the Annexation is within the sole jurisdiction of the
Council. Nothing in this Agreement guarantees favorable decisions by the City Council.
6. SEVERABILITY. If any part, term, or provision of this Agreement is held by the court to
be illegal, invalid, or otherwise unenforceable, such illegality, invalidity, or unenforceabi ity
will not affect the validity of any other part, term or provision, and the rights of the parties ill
be construed as if the part, term, or provision was never part of the Agreement.
8. INTERPRETATION. The parties to this Agreement covenant and agree that in any litigation
relating to this Agreement, the terms and conditions of the Agreement will be interpre'ted
according to the laws of the State of Texas. The parties acknowledge that they are of e 1
Pre-Annexation Owner-Initiated Anoexatioo Water Service Agreement 2of7
bargaining power and that each of them was represented by legal counsel in the negoti tion
and drafting of this Agreement.
9. GOVERNING LAW AND VENUE. Venue shall be in the state courts located in Ta nt
County, Texas or the United States District Court for the Northern District of Texas, Fort
Worth Division and construed in conformity with the provisions of Texas Local Gove ent
Code Chapter 43.
10. NO W AIYER. The failure of either party to insist upon the performance of any te or
provision of this Agreement or to exercise any right granted hereunder shall not consti i te a
waiver of that party's right to insist upon appropriate performance or to assert any such ·ght
on any future occasion.
11. GOVERNMENTAL POWERS. It is understood that by execution of this Agreement the
City does not waive or surrender any of its governmental powers or immunities.
12. COUNTERPARTS. This Agreement may be executed in any number of counterparts, ach
of which shall be deemed an original and constitute one and the same instrument.
13. CAPTIONS. The captions to the various clauses of this Agreement are for informati nal
purposes only and shall not alter the substance of the tenns and conditions of this Agreint.
14. AGREEMENT BINDS SUCCESSORS AND RUNS WITH THE LAND. This Agreeiyent
shall be duly recorded in the Public Records of the applicable county. This Agreeme~t is
binding on and inures to the benefit of the parties, their successors, and assigns. The te~ of
this Agreement constitutes covenants running with the land comprising the Property anti is
binding on the Owner.
15. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the
parties and supersedes all prior oral and written agreements between said parties. his
Agreement shall not be amended unless executed in writing by both parties.
Executed as of the Effective Date.
CITY OF FORT WORIB
By: f)i,uJMJ
-D---an=a-f{~-=--1'--g-=-hd-+-lt---
Assistant City Manager
Pre-Annexation Owner-Initiated Annexation Water Service Agreement
CARL EDMOND WILLIAMS AND
DOROTHY JAYNE WILLIAMS
FAMILY REVOCABLE TRUSTEE
By:~
Name: CARLE. WILLIAMS
Trustee
OFFICIAL EC RD
CITY SECREt RY
FT. WORTH, TX
3 f7
Approved as to Form and Legality:
"1'{\JWi,,~
Assistant City Attorney
Approvals:
M&C ;}\-0\3:D
Ordinance No. N{t't
State of Texas
County of Tarrant
§
§
This instrument was acknowledged before me on the /5 ~ay of b£J wL, , 2 1
by Dana Burghdoff, Assistant City Manager of the City of Fort Worth',; Texas muni ipal
cotporation, on behalf of said corporation.
MARIA S. SANCHE Z
My Notary ID# 225649 0
Exp ires December 19 , 20 21
StateofTexas ~ §
County of h~~ § "-') J
This instrument was acknowledged before me on the ~ay of f;v!> , 2 J--(
by Carl E. Williams, Trustee on behalf of Carl Edmonds Williams and Doiothy Jayne Willi ms
Family Revoc~able.
By: 1 Martin .,,, .. " ~"(;•••,, Timoth)' Al en Notary Public , State of Texas _,~.,.f: .... e<\ publlc s1a:t." o1Texas f:,.·*•j,\ NotarY E..mi~es 04•10-2021
Pre-Annexation Owner-Initiated Annexation Water Service Agreement
·•· · :; eomm . """ ()6394 o \~·. .. . ':;JI NoWY 10 131 • .
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OFFICIAL RE ORD
CITY SECRE RY
FT. WORTH, TX
4 f 7
After Recording Return to:
City Secretary
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
Pre-Annexation Owner-Initiated Annexation Water Service Agreement
5of7
EXHIBITA
Legal description of property
Verbal description and Image
Pre-Annexation Owner-Initiated Annexation Water Service Agreement
60 7
EXHIBITB
PETITION REQUESTING ANNEXATION BY AREA LANDOWNERS
TO THE MAYOR OF THE GOVERNING BODY OF FORT WORTH, TEXAS:
The undersigned ownel(s) of the hereinafter described tract(s) of land petition yo
honorable Body to extend, when the land becomes contiguous to the City, the present city r
so as to include as part of the City of Fort Worth, Texas, the territory described in the attach d
Exhibit A, including a survey by metes and bounds or legal description with subdivision, lot a d
block with a graphic exhibit clearly showing the tract( s ).
We certify that in accordance with Subchapter C-3 of Chapter 43 of the Texas Local Oovemme t
Code this petition is signed and duly acknowledged by each and every person having an inter st
in said land
Signed: <?~J' /4A~
Carl E. Willimm, Trustee
Carl Edmond Williams and Dorothy Jayne Willi , s
Family Revocable Trust
Signed: ______________ _
Signed: ______________ _
THE STATE OF TEXAS
COUNTY OF J;,✓ /~
This ~trument was acknowledged before me on the ) ~y of F-eh , 2Q2j by C I
E . Williams, Trustee on behalf of Carl Edmonds Williams and Dorothy Jayne Williams Fami y
Revocable Trust.
Given under my hand and seal o~ office,~thi• ~~-= , 28:_Q_J
/:;~~ .~~;;, ••. Timothy Allen Martin
fi:~-.ro\ Notary Publlc Stat , of Texas Notary c in and for
\:;. .. ~~~! Comm . Expi;es 04-1 0-2021 k(µ .... ~ County, Texas.
••ttfoi~;-;,· Notary ID 13108394-0 ,,,,,11 "''.
~Aooe:nrioo Owni:-r-lmtiall:d Annexation Wala' Suvice Agreement
7of
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 03/09/21 M&C FILE NUMBER: M&C 21-0170
LOG NAME: 06C .E . WILLIAMS PRE-ANNEXATION AGREEMENT
SUBJECT
(Future CD 7) Authorize Execution of Pre-Annexation Development Agreement with Carl Edmond Williams and Dorothy Jayn Williams Family
Revocable Trust for 1.272 acreas of Commercial Property Located in Fort Worth's Extraterritorial Jurisdiction in Tarrant Coun I
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a pre-annexation development agreement betw en the City and
Carl Edmond Williams and Dorothy Jayne Williams Family Revocable Trust for property located in Fort Worth's extraterritorial j risdiction in Tarrant
County .
DISCUSSION:
Carl E. Williams is the trustee for the Carl Edmond Williams and Dorothy Jayne Williams Family Revocable Trust, (Owner) of a parcel of real
property , a total of approximately 1.272 acres of land , as described in map Exhibit A , hereinafter called "the Property," located ithin Tarrant
County. The Property is located in the extraterritorial jurisdiction {ET J) of the City . Though the property is close to the City of Fort Worth it is not
presently contiguous to the City limits. There is also an existing water line, which can be tapped into , along Boat Club Road. T He Property
identified as 9483 Live Oak Lane is located west of Eagle Mountain Lake and is currently the site of a Mini-Storage . The Own d r of the property
has requested, and the City has agreed , subject to the terms , conditions , and limitations set forth in the Pre-Annexation Devel 9 pment Agreement
(Agreement), that the City shall provide water service to the property. In consideration of the City providing water service to the roperty , the Owner
will petition the City to annex the Property pursuant to Subchapter C-3, Chapter 43 of the Texas Local Government Code upon uch time as the
Property becomes contiguous to the City .
The parties have agreed that the Pre-Annexation Development Agreement constitutes a petition for the voluntary annexation u der the provisions
of Subchapter C-3, Chapter 43 of the Texas Local Government Code, and upon the request of the City , the Owner shall execut all applications
and documentation required by Texas law to petition for annexation . Annexation of the property is consistent with the City's ann xation policy
criteria for urban development. I
The Agreement is entered into pursuant to Chapter 43, Subchapter C-3 and 212 .172 of the Texas Local Government Code, in
1
order to address the
needs of the Owner and the procedures of the City . The Agreement runs with the land and is binding upon the City and the Owner and Owner's
respective successors and assigns . The Agreement will be recorded in Tarrant County .
The property is located in the extraterritorial jurisdiction adjacent to COUNCIL DISTRICT 7
A Form 1295 is not required because : This M&C does not request approval of a contract with a business entity .
FISCAL INFORMATION/ CERTIFICATION:
The Director of Finance certifies that this action will have no material effect on City Funds.
Submitted for City Manager's Office by: Dana Burghdoff 8018
Originating Business Unit Head: D .J . Harrell 8032
Additional Information Contact: Leo Valencia 2497
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REI.IAJNOER Of
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ABSTRACT NO . 154
PORTION Of
VOL. 7132, PG. 326
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VOL 2568, PG . 17 3
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S89'24'02"W 217.64
VOL. 3916. PG. 3
O.R.T.C .T.
BEING A TRACT OF LA.ND OUT OF THE T.J. BAILEY SURVEY, ABSTRACT NO . 154, TARRANT
COUNTY, TEXAS AND BEING A PORTION OF A TRACT OF LA.ND AS DESCRIBED IN DEED
RECORDED IN VOLUME 7132, PAGE 326, DEED RECORDS, TARRANT COUNTY, TEXAS, AND ALSO
BEING A PORTION OF PARCEL A-4 OF THE PARTITION DEED AS DESCRIBED IN DEED RECORDED
IN VOLUME 2568, PAGE 173, DEED RECORDS, TARRANT COUNTY, TEXAS, AND BEING
DESCRIBED AS FOLLOWS:
BEGINNING AT A 5/ff' IRON PIN FOUND FOR THE SOUTHWEST CORNER OF TRACT BEING
DESCRIBED, AND BEING LOCATED WEST 277.8 FEET, NORTH 00 DEGREES 05 MINUTES WEST
597.2 FEET AND NORTH 00 DEGREES 16 MINUTES EAST 399.3 FEET FROM THE NORTHEAST
CORNER OF THE W.J . ORRICK SURVEY, ABSTRACT NO . 1188, TARRANT COUNTY, TEXAS, SAID
POINT ALSO BEING THE NORTHWEST CORNER OF A TRACT OF LA.ND AS DESCRIBED IN DEED .
RECORDED IN VOLUME 391 6 , PAGE 3 DEED REC RD ~UNTY. IEXAS; _
THENCE NORTH 00 DEGRE ES 16 MIN UTES 00 SECONDS EAST 343.31 FEET TO A 51/ff' IRON
PIN FOUND FOR THE NORTHWEST CORNER OF TRACT BEING DESCRIBED;
THENCE SOUTH 48 DEGREES 38 MINUTES 15 SECONDS EAST (DEED CALL SOUTH 48 DEGREES
33 MINUTES EAST) 319.22 FEET _TO A 1 /2" IRON PIN FOUND IN THE WEST LINE OF UVE
OAK ROAD, FOR THE NORTHEAST CORNER OF TRACT BEING DESCRIBED;
THENCE SOUTH 10 DEGREES 16 MINUTES 00 SECONDS WEST 132.20 FEET ALONG THE WEST
LINE OF LIVE OAK ROAD TO A 1 /2" IRON PIN SET FOR THE SOUTHEAST CORNER OF TRACT
BEING DESCRIBED, SAID POINT ALSO BEING THE NORTHEAST CORNER OF SAID TRACT AS
DESCRIBED IN DEED RECORDED IN VOLUME 3916, PAGE 3;
THENCE SOUTH 89 DEGREES 24 MINUTES 02 SECONDS WEST 217 .64 FEET (DEED CALL SOUTH
89 DEGREES 30 MINUTES WEST 217 .8 FEET) ALONG THE NORTH LINE OF SAID TRACT OF LAND
AS DESCRIBED IN DEED RECORDED IN VOLUME 3916, PAGE 3, TO THE POINT OF BE I INNING
AND CONTAJNING 1.272 ACRES OF LAND, MORE OR LESS.
1<ccordin9 co t·eiu Hap Panel N 484 2 9 C.O j 40 1-J Zone )< Dated
The above lot doe& NOT lie within the 100 year flood Plain , at this time-._.__ ___ ,
B--z. -j5
Property at 9483 Live Oak Lane
Approximately 1.272 Acres Adjacent to Council District 7
:::::::::::::, ············· ·············
Fort Worth
DESIGNATION
~ Full Purpose
~ Limite d Purpose
Extra te rr ito ri al Ju risd ictio n
f :::::: J Adjacent Cities
County Boundaries
Subjec t Pro p ertv
0
1:3,600
10 0 200 40 0 Feet
I
Exhibit A
FORTW@RTJ.J
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