HomeMy WebLinkAboutContract 48013 CITY SECREMW
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 (the "Agreement") is made and entered into by and between the
City of Fort Worth, Texas, a home rule municipal corporation of the State of Texas located
within Tarrant, Denton, Johnson, Wise, and Parker Counties, Texas (hereinafter referred to as
"City") acting by and through its duly authorized City Manager, and FINCHER, HOYT T.
ETUX BETTY S. hereinafter called "the Owner", whether one or more natural persons or other
legal entities. By the signatures below, the Owner warrants and represents that there are no other
owners of any portion of the Property and no other third-parties holding an interest therein.
WHEREAS, the Owner owns a parcel of real property, a total of approximately 6.06
acres of land, as described in Exhibit A, hereinafter called "the Property", is located within
TARRANT County. The Property is located in the extraterritorial jurisdiction "ETJ" of the City
and is subject to municipal annexation; and
WHEREAS, the City has begun the process to institute annexation proceedings for the
Property; 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 Owner desires to have the Property remain in the City's ETJ, in
consideration for which the Owner agrees to enter into this Agreement; and
WHEREAS, this Agreement is entered into pursuant to Sections 43.035 and 212.172 of
the Texas Local Government Code, in order to address the desires of the Owner and the
procedures of the City; and
WHEREAS, the Owner and the City acknowledge that this Agreement runes with the
land and is binding upon the City and the Owner and owner's respective successors and assigns
for the term of this Agreement, as defined below; and ��.
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OFFICIAL RECORD
CITY SECRETARY 2
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WHEREAS, this Development Agreement is to be recorded in the Real Property
Records of TARRANT County.
NOW THEREFORE, for and in consideration of the mutual covenants, conditions and
agreements contained in this Agreement, and other good and valuable consideration, the 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 depicted in Exhibit A attached hereto and
incorporated herein by reference, more particularly described as approximately 6.06 acres
situated in the ALBRIGHT, ALEXANDER F SURVEY A1849 TR 1AA07B, which are
appraised for ad valorem tax purposes as land for agricultural use.
2. Continuation of Extraterritorial Status. The parties intend that this Agreement
guarantee the continuation of the extraterritorial status as set forth herein. The Property shall not
be annexed and shall remain in the ETJ of the City for the term of this Agreement, as long as 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, except for existing single-family
residential use of the Property 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. Pursuant to Section 43.035(b)(1)(B) of the
Texas Local Government Code, 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.
The Owner consents and acknowledges that as of the effective date of this Agreement,
the enforcement of all regulations and planning authority of the City consists of, including, but
not limited to, subdivision 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 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.
FINCHER, HOYT T. ETUX BETTY S. -Dev.Agreemt.2015
Page 2 of 6
4. No Vested Rights. This Agreement shall not be construed as a permit for purposes
of Chapter 245, Texas Local Government Code. Owner hereby waives any all claims under
Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would
otherwise exist by virtue of any actions Owner has taken in violation of this Agreement.
5. Events that Terminate Immunity from Annexation. This Agreement is void if the
Owner either fails to continue to use the Property solely for agricultural, wildlife management or
timber use 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 or
both. 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 for voluntary annexation.
6. 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 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.
7. 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 the City. This Agreement may not be revised or amended without the written
consent of both parties.
7. Notice. 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, shall
provide a copy of such disclosure to the City and shall give written notice of the sale or
conveyance to the City. Furthermore, the Owner and the Owner's heirs, successor, and assigns
shall give the City written notice of any change in the agricultural exemption status of the
Property.
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:
FINCHER, HOYT T. ETUX BETTY S. -Dev. Agreemt.201
Page 3 of 6
CITY:
Fernando Costa, Assistant City Manager
City of Fort Worth
I000 Throckmorton Street
Fort Worth, Texas 76102
Facsimile Number: 817-392-6134
THE OWNER:
N e
FINCHER, HOY T. ETUX BETTY S.
9424 BOAT CLUB RD,
FORT WORTH, TX 76I79 3265
9. Frustration of Purpose. If any word, shrase, clause, sentence, paragraph, section or
other part of this Agreement is affected in whole or in part as a result of amendments to the
underlying statutory authority for this Agreement, or a final judcial decree for which all appeals
have expired or been exhausted, or if the Texas Legistlature amends state law in a manner having
the effect of limiting or curtailing any right or obligation of the parties under this Agreement,
then the parties agree and understand that the purpose of this Agreement may be frustrated. In
such case, the parties agree to work in good faith to amend this Agreement so that the prupsoes
of this Agreement may be fully realized, including full purpose annexation, if necessary. Owner
agrees not to protest annexation of the Property in accordance with this Agreement, and further
will not sponsor or support legislation that would hinder the City's ability to annex any protion
of the Property in accordance with the provisions thereof.
10. 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.
11. 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.
12. Governmental Powers. It is understood that by execution of this Agreement, the
City does not waive or surrender any of its governmental powers.
13. Captions. Captions and headings used in this Agreement are for reference purposes
only and shall not be deemed a part of this Agreement.
14. Amendment of Agreement. This Agreement cannot be modified or amended
without the written consent of all the parties and attached and made a part of this Agreement.
15. 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
FINCHER.HOYT T. ETUX BETTY S. -Dev. Agreemt. 2015
Page 4 of 6
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.
CI T OF WORTWOTH FINCHER, HOYT T. ETUX BETTY S.
4 By: /
Nj
ernando Costa, Assistant City Manager Name:
-1/so i4 Title: a
Approved as to Form and Legality:
By:�Jfl L-VX'9-:a.yo
Melinda Ramos, Sr. Assistant City Attorney
ATTEST:
By:
Parykayser, City Secretar $ j
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Date
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
FINCHER. HOYT T. ETUX BETTY S. - Dev. Agreemt. 2015
Page 5 ol'6
State of Texas §
County of Tarrant §
This instrument was acknowledged before me on the 00 day of 201/5 6
� ,voA ,1 Fernando Costa, Assistant City Manager of the City of Fort Worth, a Te s municipal
corporation, on behalf of said corporation.
TRIKINYA L JOHNSON y
oNotary Public,State of Texas Notar Publi tate of Texas
Comm.Expires 04-17-2018
Notary ID 1238832.0
State of Texas §
County o cc » §
This instrument was ac4uaowledged before me on the �5 day of!��t�,�nk44015,
by \�'\-1z--t' 1��� of FINCHER, HOYT T. ETUX BETTY S.
on behalf of said limited partnership.
By:
Notary Public, State of Texas
After Recording Return to:
••`""""•-
City Secretary DEBRA HESS
"�p`""
:: ;� Notary Public,state of Texas
City of Fort Worth My Commission Expires
1000 Throckmorton Street May 10. 2017
Fort Worth, Texas 76102
OFFICIAL RECORD
�"�y �ECRIETARY
FT. WORTIif TX
FINCHER,HOYT T. ETUX BETTY S. -De,.Agreemt.2015
Page 6 of 6
Project Case # AX- 10-003
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Fort Worth Extraterritorial Jurisdiction COPYRIGHT 2015 CITY OF FORT WORTH UNAUTHORIZED REPRODUCTION IS A
o County Boundaries VIOLATION OF APPLICABLE LAWS. THIS DATA IS TO BE USED FOR A GRAPHICAL
REPRESENTATION ONLY.THE ACCURACY IS NOT TO BE TAKEN/USED AS DATA
Adjacent Cities PRODUCED FOR ENGINEERING PURPOSES OR BY A REGISTERED PROFESSIONAL
LAND SURVEYOR. THE CITY OF FORT WORTH ASSUMES NO RESPONSIBILITY FOR
THE ACCURACY OF SAID DATA.
M&C Review Page I of 3
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FOR -'I
COUNCIL ACTION: Approved on 6/28/2016
REFERENCE ** 065030 DEVELOPMENT
DATE: 6/28/2016 NO.: C-27795 LOG NAME: AGREEMENTS AREAS 7, 12,
59 AND 15-1
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of Development Agreements in Lieu of Annexation with Multiple
Property Owners for Property Located in Potential Annexation Areas 7, 12, and 59
Adjacent to Council District 7 and Potential Annexation Area 15-1 Adjacent to Council
District 2 (COUNCIL DISTRICTS 2 and 7)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to:
1. Execute a Development Agreement between the City and multiple property owners for the
application of development standards in lieu of annexation for property in Area 7, located south of
Alliance Gateway Freeway and along Keller Haslet Road, AX-15-004, in the Far North Sector;
2. Execute a Development Agreement between the City and multiple property owners for the
application of development standards in lieu of annexation for property in Area 12, located east of Old
Denton Road and North of Golden Triangle Boulevard, AX-07-006, in the Far North Sector;
3. Execute a Development Agreement between the City and the property owner for the application of
development standards in lieu of annexation for property in Area 59, located west of FM 156 and east
of BNSF Railway along Highway 114, AX-15-007, in the Far North Sector; and
4. Execute a Development Agreement between the City and the property owner for the application of
development standards in lieu of annexation for property in Area 15-1, located east of North Beach
Street and south of Ray White Road, AX- 07-005, in the Far North Sector.
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.
Potential annexation areas 7, 12, 59 and 15-1 have been identified for consideration in the City's five-
year annexation program. Property owners in these four areas have opted for Development
Agreements in lieu of annexation.
Area 7 consists of approximately 87 acres of land and is located west of Park Vista Boulevard and
south of the Alliance Gateway Freeway along Keller-Haslet Road in Tarrant County. A.M. Classin
and Quaint Melody Ltd., own property within Area 7 in Fort Worth's extraterritorial jurisdiction, shown
on Exhibit A. Both property owners have signed their portion of the Development Agreement.
Area 12 consists of approximately 42 acres of land and is located at the 3200 block of Keller Hicks
Road in Tarrant County. Robert Beltram and Marty and Judy Melvin own this property in Fort Worth's
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=22470&councildate=6/28/2016 6/30/2016
4&C Review Page 2 of 3
extraterritorial jurisdiction, shown on Exhibit B. Both property owners have signed their portion of the
Development Agreement.
Area 59 consists of approximately 6.99 acres of land and is located west of FM 156 and east of
BNSF Railway along Hwy 114, in Denton County. Emad Asad Mehdir owns this property in Fort
Worth's extraterritorial jurisdiction, shown on Exhibit C. The property owner has signed his portion of
the Development Agreement.
Area 15-1 consists of approximately 37.8 acres of land and is located generally east of North Beach
Street and south of Ray White Road in Tarrant County, shown on Exhibit D. Andrew Armstrong, the
property owner, has signed and returned his portion of the Development Agreement. Property owners
Louis Rodriguez Jr. and Imelda Rodriguez have signed and returned their portion of the Development
Agreement.
The affected property owners were offered and, by signing, elected to renew their Development
Agreements in lieu of annexation. The Development Agreement 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, environmental protection/compliance
and health codes, prohibitions on septic tanks, gas drilling and production ordinance 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
Agreement causes the properties to be generally in compliance with development standards within
the City limits.
Area 7, 12 and 59 are adjacent to COUNCIL DISTRICT 7 and Area 15-1 is adjacent to COUNCIL
DISTRICT 2.
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.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
FROM
Fund Department Account Project Program Activity I Budget Reference# Amount
ID ID Year Chartfleld 2
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Randle Harwood (6101)
Additional Information Contact: Leo Valencia (6942)
ATTACHMENTS
http://apps.cfwnet.org/council_packet/mc review.asp?ID=22470&councildate=6/28/2016 6/30/2016
M&C Review Page 3 of 3
Area 15-1 ExhibitMap E.pdf
Exh A - Area 7 (065030 Develpmt)pdf
Exh B -Area 12 (065030 Develpmt).pdf
Exh C -Area 59 (065030 Develpmt)pdf
Exh D - Area 15-1 (065030 Develpmt)pdf
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=22470&councildate=6/28/2016 6/30/2016