HomeMy WebLinkAboutContract 45898 CITY SECRETARY R
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
THIS AGREEMENT is made and effective this&day of , 2014, by and
between the City of Fort Worth, Texas, a home rule municipal corporatM of the State of Texas
located within Tarrant, Denton, Johnson, Wise, and Parker Counties, Texas (hereinafter referred
to as "Cit ") and FW 205 Partners Ltd, a Texas limited partnership (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 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; and
WHEREAS, the Texas Local Government Code § 43.035 provides that 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, 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, City desires that any development of the Property be in conformance with
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 the Owner agree as follows:
1. Identification of the Property. The Property is described as 205.607 acres
situated in the J.S. Foster Survey, Abstract 547, and the J.M. Muhlinghaus Survey, Abstract
1157, more particularly described in Exhibit A and as depicted in Exhibit B attached hereto and
incorporated herein by reference, which are appraised for ad valorem tax purposes as land for
agricultural use.
2. Continuation of Extraterritorial Status. The Property shall not be annexed and
shall remain in the extraterritorial jurisdiction of City as long as this Agreement is effective, the
Property is not subdivided, the Property continues to be > tax purposes as
land for agricultural or wildlife management use under *F*Al gft hapter 23, Texas
1 CITY SECRETARY
RECEIVED AUG 2 5 1014 1 FT.WORTH,TX 1180.019\41022.2
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 City that do not interfere with the use of the Iand 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 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
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 City's most recently adopted Comprehensive Plan. Owner
agrees that any filing that is not in conformance with 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 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.
S: 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. If at the end of the
initial term, or subsequent terms of this Agreement, the Texas Local Government Code still
requires a development agreement to be offered in lieu of annexation for properties appraised for
ad valorem tax purposes as land for agricultural or wildlife management use under Chapter C or
D, Chapter 23, Texas Tax Code, or as timber land under Subchapter. E of that chapter a new
development agreement will be offered. Upon termination, 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.
2
1 180.019141022.2
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 Property and to 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 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 the 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 anyone 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: 817-392-6134
THE OWNER: FW 205 Partners Ltd.
5953 Dallas Pkwy Ste 200A
Plano, Texas 75093-8187
Facsimile Number: 214-696-8110
9. Enforcement. This Agreement may be enforced by the 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,
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.
3
1180.019141022.2
14. Governing Law and Venue. Venue shall be in the state courts located in Tarrant
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 Government Code
§43.035.
IN WITNESS WHEREOF, the parties have signed and executed this Agreement
effective as of the date first set forth above.
CITY OF FORT WORTH,TEXAS, FW 205 PARTNERS LTD.
a Home Rule Municipal Corporation
of the State of Texas
By:
Fernando Costa, Assistant City Manager N
Titl l
Approved as to Form and Legality:
By:qv�� �W'a
Assistant City Attorney
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OFFICIAL RECORD
CITY SECRETARY
4 FT. WORTKOT.`ai 22
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on the o�[ day ofk4V$f, 2014, by
Fernando Costa, Assistant City Manager of the City of Fort Worth, Texas, a Texas municipal
corporation, on behalf of said corporation.
VONIA DANIELS
- r
's Notary P;ablic,State of Texas By; 69-
.+ y :rr My Commission Expires otay public, State of Texas i ` July 10, 2017
STATE OFT S §
COUNTY OF]� §
_ This instrument was ac owledged before me on the � day of ui 2014, by
�-r f" 1(. 0bh 5:��nk' of FW 205 Partners Ltd, Texas limited
partnership, on behalf of said limited partnership.
By:
Notary Public, tate o0rexas
GAIL J. PEYTON
After Recording Return to:
Notary Public.State of Texas
City Secretary ' ice; My Commission Expires
ba �,�
City of Fort Worth '����"`�' February 22, 2017
1000 Throckmorton Street
Fort Worth, Texas 76102
5
11 80.0 1 914 1 022.2
EXHIBIT "A"
BEING 205.607 acres situated in the J.S.FOSTER SURVEY,Abst.No.547 and the J.M.
I VIU—INGRAUS SURVEY,Abst.No. 1157,Tarrant County,Texas, being that certain
tract of land described in deed to Capital Concepts Properties 86-2,LTD.,recorded in
Volume 8780,Page 1914,Deed Records, Tarrant County Texas,said 205.607 acres being
more particularly described as follows:
BEGINNING at a I" iron found at an ell corner of said Capital tract,at the northeast
corner of that certain tract of land described as Tract 29 to L.C.Williams,recorded in
Volume 3682,Page 494,Deed Records,Tarrant County,Texas, at the tailed southeast
corner of said MUHLINGHAUS SURVEY,at a called northeast corner of the MAJANEY
&WR1LIAMS SURVEY,Abst.No.1119,Tarrant County,Texas,said point also being in
the approximate centerline of abandoned County Road No. 1037,(as mentioned in Vol.
$780,Pg. 1914);
THENCE S 891,5014311 W,along the common line of said Capital.and Williams tracts,
passing the northeast corner of that certain tract of land described in deed to Charles 1.
Wood et ux,recorded in.Volume 12011,Page 2029,Deed Records,Tarrant County,Texas, t
and continuing along the common line of said Capital and Wood tracts,in all,921.67 feet to
a 1" square bolt found at the northwest corner of said'Wood tract,in a east lime of that
certain tract of land described in deed as Parcel 2,Tract 2,to MTV heal Estate Limited
Partnership,recorded in'Volume 12556,Page 1620,Deed Records,Tarrant County,Texas;
I
THENCE N 000 00106t1 E,along the common line of said Capital tract and said MTV tract,
generally along a fence,2229.22 feet to a 60 "D"nail in a cedar fence post found at the most
northerly northwest corner of said Capital tract;
THENCE S 87" 0912611 E,continuing along the common line of said Capital tract and said
AM tract, generally along a fence,863.61 feet to a x(211 iron found;
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THENCE S 360 24135T1 E,along a fence,and along a south line of said MTV tract,281.87
feet to a 1/2T1 Iron found;
THENCE N 890 44106"E,along the common line of said Capital tract and said MTV tract,
generally along a fence,2529.66 feet to a P.K,nail set in the approximate centerline of Old
Granbury Road(County Road No. 1089-Right-of-Way varies),at the called northeast
corner of said VOSTER SURVEY;
THENCE S 00° 17122" E, along the called east line of said FOSTER SURVEY, along the
approximate centerline of said Old Granbury Road,806,14 feet to a P.K.nail found;
THENCE S 00°0114111 'W,continuing along the called east line of said FOSTER SURVEY
and along the approximate centerline of said Old Granbury Road,1639.49 feet to a P.H.
nail set in the north line of Farm to Market Highway No.1187(Right of-Way varies);
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THENCE along the north line of said Farm't6 Market Highway No. 1187 as follows:
N 89° 19123" W, at 21.89 feet passing a 112" iron found in the west line of said Old
Granbury Road, and continuing,in all,49.93 feet to a Highway monument found;
S 00° 14' 30" E,51.09 feet to a 112" iron set;
S 3011 0415511 W,99.49 feet to a Highway monument found at the beginning of a curve to the
right whose radius is 11399.16 feet and whose long chord bears S 860 57,43 11 W,972.46
feet;
Along said curve in a southwesterly direction,through a central angle of 040 53'2211, a
distance of 972.76 feet to a highway monument found;
S 890 2015111 W,1175.36 feet to a highway monument found at the beginning of a curve to
the right whose radius is 2804.79 feet and whose long chord bears N 86135' 19" W,397.66
feet;
Along said curve in.a northwesterly direction,through a central angle of 080 07' 4911, a
distance of 397.99 feet to a 1/211 Iron found at the most southerly southwest corner of said
Capital tract,the southeast corner of said Wfilfiams tract,in the approximate centerline of '
said abandoned.County Road No.1037;
THENCE N 00109' 14"E,along the common line of said Capital tract and said Williams
tract,along the approximate centerline of said abandoned County Road No. 1037,(as
mentioned in Vol.8780,Pg. 1914)�a distance of 654.72 feet to the POINT OF BEGINNING
and containing 205.607 acres of land,more or less. j
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Project Case # AX- 14-002
FW 205 Partners, Ltd - approximately 205 acres Exhibit s
Property Subject to Development Agreement
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Legend FOR. W0 1
®Property Subject to Development Agreement 'T�
O FW 205 Partners, LTD N�nnfnQ&D.20/20 4 D.p./0nenf
8/20/2014
City Limits 0 550 1,100 2,200 Feet
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L N�CM�L'CF MO MTV
RECEIVED AUG 2 8 2014