HomeMy WebLinkAboutContract 41053 CITY SECRETARY
CONTRACT NO._ �2
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 -11111' day of , 20 16 , 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 J.D. and Shawnna Slatten, 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 Tracts 1X, IY, and I Y I of the
Alexander Albright Survey, Abstract 1849.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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
term of the agreement is in full force and effect, 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 C 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 hercaifcr 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 arca for agriculture, wildlife management or timber,
including, but not limitcd to, development regulations, zoning regulations, building, mechanical,
plulnbing, I-CSIdCntlal. CnCI-gy and 111-C CO&S. building permit rcquirelnCnts, lnlnllnuin building
standard codes, environmental protection and compliance and health codes, prohibitions on
septic tanks, the gas (frilling and production ordinance and other City regulations as they
currently exist or may be enacted in the future. ()%oner agrees that any subdivision plat or related
dcvClopnicnt doCunlCllt for the arca tiled 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 co111ormance 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 d1C jurisdiction of the Municipal Court, Boards and Commissions
of the City of Dort Worth for the purpose oi' enfin-cing City Codes and regulations and
1n-osccuting criminal violations 01'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 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 1101- 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 if. 1) any portion of the Property is subdivided;
2) the Property fails 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 C of that chapter;. 3) Section 43.035 of the Texas Local Government
Code is repealed or modified to allow the City to terminate or void the Agreement or annex the
Property; 4) the Owner is in violation of this Agreement; 01- 5) the Owner consents to annexation.
Upon termination, the City may annex the Property, either in whole or in part or for full or
limitcd 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
III the Real Property Records of the applicable county and shall be a covenant running with the
2
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 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 pennitted 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 Numb 17- 34
OWNER: S
N Tit e
J.D. and Shawnna Slatten
7915 Old Decatur Road
Fort Worth, Texas 76179-4235
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.
3
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.
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 The n
Fernando Costa ?J. <atten
Assistant City Manager
S a n
Approved as to Form and Legality
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contract Authorization.
Assist t City Attorney 5 1 O
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ATTEST
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State of Texas a CQ�O00 Icy
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County of Tarrant §
This instrument was acknowledged before me on the day of , 2010, by
Fernando Costa, Assistant City Manager of the City of Fort Worth, a Texas municipal
corporation, on behalf of said corporation.
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otaryPublic t' 4: LINDA MI.HlfiRLINGEH
)n4 AiSS;Ora EXPIRES
ruary ,2014
State of Texas § OFFICIAL RECORD
County of Tarrant § CITY SECRETARY
4 FT. WORTH,TX
This instrument was acknowledged before me on the day of':22M 2010,
by J.D. d-Shawnm en.
o ary Public
°��►"'"�°' CONNIE BRYANT
;? Notary Public,State of Texas
3, •. .! My Commission Expires
November 25,2012
m na
After Recording Return to:
City Secretary
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
5
COUNCIL ACTION., Approved ars 10/S/2,010
3 attachments found.
GENERAL INFORMATION: R
DATE: Tuesday, October 05, 2010 REFERENCE NO.: **C-24507
LOG NAME: 065030 DEVELOPMENT AGREEMENTS 9-10
SUBJECT:
Authorize the Execution of Development Agreements in Lieu of Annexation with Multiple Property Owners for
Property Located Generally East of Boat Club Road and North of Bailey Boswell Road and with Multiple Property
Owners for Property Located South of W.J. Boaz Road and West of Old Decatur Road (COUNCIL DISTRICT 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 located generally east of Boat Club Road and north of
Bailey Boswell Road in unincorporated Tarrant County; and
2. Execute a development agreement between the City and multiple property owners for the application of
development standards in lieu of annexation for property located south of W.J. Boaz Road and west of Old
Decatur Road in unincorporated Tarrant 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 two areas for annexation consideration this year where property
owners have opted for development agreements in lieu of annexation, Areas 23-1 and 29. Approximately
157.7 acres of land in Area 23-1, located generally east of Boat Club Road and north of Bailey Boswell Road in
Tarrant County, qualify for the development agreement in lieu of annexation, as shown on Exhibit A. The heirs
of the Boaz and Elkins families, through eighteen persons and one corporation, own the acreage in Fort Worth's
extraterritorial jurisdiction near Bailey Boswell Road and Boat Club Road. On September 14, 2010, the signed
development agreement for all the heirs was delivered to the City of Fort Worth.
Also, approximately 47 acres of land in Area 29, located south of W.J. Boaz Road and west of Old Decatur Road
in Tarrant County, qualify for the development agreement in lieu of annexation. Stephen Alexander, Hoyt and
Betty Fincher, James and Janna Hamman, and J.D. and Shawnna Slatten own this property in Fort Worth's
extraterritorial jurisdiction, shown on Exhibit B. On June 25, 2010, the last property owner signed his
development agreement.
The attached sample development agreement, Exhibit C, provides 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 agreements cause the properties to be generally in compliance with development
standards within the City limits.
All properties in both enclaves are adjacent to COUNCIL DISTRICT 7.
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 FROM Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Deaartment Head: Susan Alanis (8180)
Additional Information Contact: Beth Knight (8190)
ATTACHMENTS
1. Development Agreement -Sample 10-09.pdf (Public)
2. Exhibit A - Area 23-1 devel agreements.pdf (Public)
3. Exhibit B - Area 29 devel agreements.pdf (Public)
Area 23-1 - Boat Club Road Enclave Exhibit
Approximately 157.7 Acres Subject to Development Agreement
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SUZA�NNEJ-1ENDERSON ..•••
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COUNTY CLERK W :
100 West Weatherford Fort Worth, TX 76196-0401
PHONE (817) 884-1195
CITY OF FORT WORTH
CITY SECRETARY
1000 THROCKMORTON
FT WORTH, TX 76102
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Submitter: CITY OF FORT y►0�
WORTH/DEVELOPMENT&
PLANNING
DO NOT DESTROY
WARNING - THIS IS PART OF THE OFFICIAL RECORD.
Filed For Registration: 11/12/2010 2:17 PM
Instrument#: D210281608
A 6 PGS $32.00
By:
D210281608
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.
Prepared by: AKCHRISTIAN