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HomeMy WebLinkAboutContract 32895-B CITY SECRETARY CONTRACT NO.�_JV.) iJ AGREEM NT TOP STPONE FULL PURPOSE ANNEXATION AND E O EXTEND LIMITED-PURPOSE ANNEXATION This Agreement to Postpone Full Purpose Annexation and Extend Limited Purpose Annexation (this "Agreement") is entered into pursuant to Texas Local Government Code Section 43.127, by and between the City of Fort Worth Texas (the "Ci1y") and the property owners who have executed this Agreement as identified below("Owners"). RECITALS WHEREAS, the City annexed an area known as the 287 Zone for limited purposes on January 7, 2003, in accordance with State law(Ordinance No. 15389); WHEREAS, the 287 Zone included a 51.3-acre area consisting of a portion of the Willow Springs Ranch subdivision described in the attached Exhibit A (the "Area"); WHEREAS, the Area was include in the City's municipal annexation plan on October 29, 2002,by the adoption of Resolution No. 2884; WHEREAS, Owners constitute the majority of landowners in the Area; WHEREAS, Owners have requested that full purpose annexation of the Area be postponed until no earlier than January 1, 2009, in accordance with Local Government Code Section 43.127; WHEREAS, all statutory references in this Agreement refer to the Local Government Code; WHEREAS, Owners acknowledge that the limited purpose status of the Area will continue until the Area is annexed for full purposes, including enforcement of the ordinances described in the Regulatory Plan attached to Ordinance No. 15389 (the "Regulatory Plan") subject to the amendment referred to in Section 7 of this Agreement; WHEREAS, pursuant to Section 43.127, the City agrees to postpone full-purpose annexation of the Area until no earlier than January 1, 2009, and to extend the limited purpose status of the Area until the Area is annexed for full purposes; WHEREAS, this Agreement binds all future owners of land in the Area to the terms of this Agreement; and WHEREAS, the City and Owners agree that entering into this Agreement addresses the goals and objectives of both parties. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: V IT i. 952000.01897:933059.01 Section 1. Recitals. The "Recitals" set forth in this Agreement are true and correct, form the basis upon which the parties have entered into this Agreement, and are incorporated as part of this Agreement fur all purposes. Section 2. Postponement of Full Purpose Annexation. The City agrees to postpone full purpose annexation of the Area until no earlier than January 1, 2009. The City may annex all or part of the Area at any time on or after January 1, 2009, in the City's sole discretion. Section 3. Continuation of Limited Purpose Annexation Status. The limited purpose annexation status of the Area will continue until the Area is annexed for full purposes, including enforcement of all ordinances identified in the Regulatory Plan subject to the amendment referred to in Section 7 of this Agreement. Owners recognize that police, fire, emergency medical services and other municipal services will not be provided until the Area is annexed for full purposes. Section 4. Voluntary Full-Purpose Annexation. Owners hereby request through this Agreement and the submittal of the petition attached as Exhibit B that the City annex the Area for full purposes on or after January 1, 2009, such annexation date to be determined in the City's sole discretion. Owners acknowledge that the Area is exempt from inclusion in the City's municipal annexation plan pursuant to Sections 43.052(h)(1) and/or (2) and that the City has authority to annex the area in accordance with Chapter 43, Subchapter C-1. Section 5. Recording. This Agreement binds all future owners of land in the Area and shall be recorded in the deed records of Tarrant County, Texas. Section 6. Waiver of Disannexation. Owners hereby waive any claims or causes of action to compel disannexation of the Area. Section 7. Severability. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions, which shall remain in full force and effect unless such remaining provisions are an integral part of the invalid provisions or the invalid provision is necessary to give effect to the remaining provisions. Section 8. Enforcement. This Agreement may be enforced by Owners or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Section 9. Applicable Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's authority to annex the Area. Section 10. Venue. THE PARTIES ACKNOWLEDGE THAT THIS AGREEMENT IS PERFORMABLE IN TARRANT COUNTY, TEXAS AND HEREBY SUBMIT TO THE JURISDICTION OF THE COURTS Of TARRANT COUNTY, TEXAS AND AGREE THAT ANY SUCH COURTS SHALL BE A PROPER FORUM FOR THE DETERMINATION OF ANY DISPUTE ARISING HEREUNDER 952000.01897:933059.01 Section 11. Execution. This Agreement will be separately executed in individual counterparts, as signed by the City and the Owners identified below, and upon execution shall constitute one and the same instrument. Section 12. Amendment. This Agreement may only be amended in writing upon mutual consent of the parties. Section 13. Effective Date. This Agreement is effective on ke-r- LbV,,2005. The City of Fort Worth:, Texas " By. 0(���or, a%4.c r.Q.� Charles Boswell City Manager THE STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on theday of fir , 2005 by Charles Boswell, City Manager,on behalf of the City of ort North, Texas. r ��;KEST No Public, State of Texas Marty Hendrix, Ci Secretary HETTIE LANE MY COMMISSION EXPIRES. July 26,2007 APPROVED AS A�.�TY: FO,,RM q D LE ATTORNEY ASSISTAN CIT Contract t 0 z tion Bate v��l' " 3 952000.01897:933059.01 10/20/2005 17:18 8173928359 PAGE 08/15 Ejh"A A parcel of W4 being a portion of Willm Sp rmp Ranck an adMm to Tarrant 0004, Taaaa, assns a to PW tee,s ',d in Cabinet A.Slide 5425,of the PW ReopWih Taunt County,Testas,being ell of Lala 1 thto*8,Block 1,and ell of Bkmk 2,end s2of Lob 15 thtw*24,Black 3.ad of WiIIow Tres Driv%all of Wlllaw Tree Cwtt,all of Willow Ranch way,end all of Western Willows Drive,ast of do west line of aid Lot 24,aoowft to said PIK and btg more particalerly described by meta and bow&a ibllows, BBCilNNM at the northeast coma of aid Block 2,also being tbo intauxtion of the south r%Mof-way of Avm"Hewer Road,and the welt tight-oP cosy of WMow Sp mp Rawl; THl3NCE:with said wet ftw-of-wey,3omh w degrees 06 minutes 47 seconds Want, 1031.73 het,to the southeast Ocmer of said Let 15; THENCE:the fbilowiog comm and dishmm with the Booth New of acid Lots 15 through 24; South S 1 dupes 56 16.ecoids west,101.76 het; Sokh 67 degiaas 09 minute 33 wood&Week 141.94 he; South 61 degree 55 minas 10 a m&Wet,363.99 feat; Swat 72 degrees 06 mm Am 05 a m&wet,306.07 fist, t, South 88 degrees 07 minks 56 seam&coat,21205 feet; wd South 78 degrees 09 ntYmte 55 aconds west,444.75 fad,to the southwest corner of said Lot 24, THENCE:the following courses and dWmces with the wet line of Bid Lor 24; North 33 degree 31 tet wAm 03 soemds Wat,162-00 hit; Notch 25 dspeas 59 mitrals 50 seem&Wal.126.42 ibet; and NORTH,at 9800 fest,pas the south rig"-way of aid Wateea Willows Drive, in all 148.00 fest,to the noetk rig d--cosy of aid Wate n Willows Drim and being in the walk line of acid Lot 8; THEl :with add north r14ht oFway,end acid meth J*West,114.50 fce,to eht:wouthwest Oom w of sod Lot 8; TEM NCF—the following emrse and disteaoe wkh the wet]ion of said Lots 1 through 8; NORTH,245.78 foot,to the ac*mmt corner of said Lot 7; EAST 29.45 feet,to the southwest aatncr of aid Wt 6; NORTH.303.06 fest,to the ttoethsest corner of Lot 11,in said Block 1; WEST 29.43 fack to the most mrdwly scmh-m mm of said Lot 3; and NORTl1,31203 feet,oo the m drwsst corner of acid Lott,and being in said smith rolof- way of Avondale Healer Road; T*HMP: with said mouth rq t-0f-way of Avondale Helat Road, Nora+ 89 degrees 26 minnta 25 seoands East, 1743.26 feet,to the PLACE OF BB(111dNM,end comming same 51.3 acres of land, more or leas. 5 952000.01897:933059.01 18/28/2885 17:18 8173928359 PAGE 87/15 w*wrPatel 9wvlm Ariat of Limt3mortilem -1160" Owtae 1't aMtb piM�Mtaa,Lat,&lrlaet T/'z IU�,.vdi�,jlEsI¢�' T� 1©fed qP11- .. r.NoWyPdAir,peraosaft �d Ams . . 4 WUA" w.oiwib IMOM b a.Or FFV W to M m me baiatsllYbowty a�idwea b b p�aa wbw snots is ami aaiAat b M wild"i"auw aW aad adwwlailW8 to r to M or ab aaaaalnd dw sm is bb or br ardwiad aaI lb sad*0 by his or bar ayaauaa a dr i"atrreart tie paean, or M NOW Vaa bdtdf aft dw para"send,unwed tb +n4umww wib as awybaad ad alicbi mL . ,EYP TRACEY STERNER NOTARY PUBLIC,STATE OF TEXA ON EXPIRES MY COMMISSION hb )� I�olr<y LIST 14,2006 FeMNOWWWAftsied Owawa Ptapetb A.al-le� 11,4 deet baba aaa .a pae�onally Imam to ate or proved b tee an die baeia iee�naey al0aaoa b b tb pum" aaanb dta within itlattalaant and i b ate ad■m6WV deet he or abs aaaoalW dw ver b bis orb aapa ft,and that by bb or her a WsWe a M irattaoae 1b parson,or dw a mmy spa bdeaifof*"h dw pwam sated,aaaoated dw iaelnaat. Wilam sty hand ad adicial aeaL Araby PWk hbr Cariaaiaa wino: 4 'D "Ju Or n1 952000.01097:933059.01 10/20/2805 17:18 8173928359 PAGE 08/15 ZA"A A pard of had, bang a portion of Wit SpMp Raock an addition to Taoism County, Texan, aooved'eag to plat erne ded in Cabbed A,Slide:8423,of the plat Reoada,Tarrant Cox*,Taus,being all of Lots 1 thro* 8, Block 1, and all of Block 2, and allof Lola 15 A Block 3, esti of WMOW Tres Drive, all of Willow Tra Coact, all of Willow Randa Way,and all of Western Wnillm Dcim and of the wast lint of said Lot 24, a000edbw to said plat,and being more partloalarly descrO cd by metas and boamda as follow% BBOR NM at the nor%cW corner of said Block 2,also bang the intermtion of the south right-of--way of Avondale Haslet Road,and the wart rl .*f way of Wglow Sprues Road; TENCE with add west rW-of-way, South 00 degtm 06 wwatee 47 seconds Wast, 1051.73 feet, to the southeast cornt of said Lot 15; T1�ENCE:the following coarses and distaaoas with the south lamer of said Loft 15 shush 24; South 81 degr es 56 mmutea 16 secoude Watt, 101.76 fines; South 67 dep+eea 09 nffiutes 33 asoondt Week 141.94 fack South 61 degt=55 mates 10 second.Was,363.99 feet; South 72 dgpm 06 05 accords West,306.07 feet; Sooft 88 Up P, 07 mint, 56 seconds West,212.03 Rant; aced South 78 dogma 09 wA ten 35 seconds West, 444.75 Bast, to the southwest corner of said Lot 24; T'HSNCB:the Wowing cooraas and distaooss with the west lines of said Lot 24; Noft 33 delreea 31 in,dnumes 03 aeoolotds West, 162.00 feet; Norm 25 dW=59 mac da 50 t om&Wak 126.42 fest,; and NORM at 9$.00 fed, pass dee south rh ft-of-way of said Wasters Willows Drive, is all 148.00 fleet, to the nortb rWW way of said Western Willmrs Drive, and being in the soak line of said Lot 8; THBNCE: with add north ri&-of-way,and add south line,Went, 114.50 foe, to ft southwest corner'of said Lot 8; 1T1>ENCE:dw following caurses and distances with the wast lines of said Lots I th mu&8; NORTH,245.78 fed,to the northawst corner of said Lot 7; MST 29AS feet,to the southwest oar=of said Lot 6; NORTL 303.06 feet,to the nocd wA corns.of Lot 11,in said Block 1; WEST 29.43 fact,to the most stordwly math st cornet of raid Lot 3; and NORTH, 31203 fed,to the notrdtwest oocser of said Lot 1,and being in said south right-of- way of Avondale Haslet Rosa;; '1 MME: wtdn said south right-of way of Avondak Haslet Road, North 89 dWc s 26 minutes 25 secaods East, 1743.26 feet, to the PL.11CB OF BEODMIM, sad coataining eamac 51.3 acres of land, mors or less. Exhibit B Petition for Full Purpose Annexation The undersigned owners, representing at least a majority of the property owners of the total Area, consisting of 51.3 acres, known as a portion of the Willow Spring Subdivision, hereby request that the Area be annexed for full purposes by the City on or after January 1, 2009, such annexation date to be determined in at the City's sole discretion. Owners acknowledge that the City has authority to annex the area in accordance with Chapter 43, Subchapter C-1. Record Owner(s) Address Lot/Block 952000.01897:933059.01 Exhibit B Petition for Full Purpose Annexation The undersigned owners, representing at least a majority of the property owners of the total Area, consisting of 51.3 acres, known as a portion of the Willow Spring Subdivision, hereby request that the Area be annexed for full purposes by the City on or after January 1, 2009, such annexation date to be determined in at the City's sole discretion. Owners acknowledge that the City has authority to annex the area in accordance with Chapter 43, Subchapter C-1. Record Owner(s) Address Lot/Block - 13159 Willow Ranch Way Lot 1 Block 1 13149 Willow Ranch Way Lot 2 Block 1 3141 Willow Ranch Way Lot 3 Block 1 ' r..�_/�2y Til' ..1> /�1 r✓ ' i 13133 Willow Ranch Way Lot 4 Block 1 a.v �j " 13125 Willow Ranch Way Lot 5 Block 1 4& 13117 Willow Ranch Way Lot 6 Block 1 C1 u j 13109 Willow Ranch Way Lot 7 Block 1 `13101 Willow Ranch Way Lot 8 Block 1 �� 13148 Willow Ranch Way Lot 1 Block 2 13140 Willow Ranch Way Lot 2 Block 2 13100 Willow Tree Ct. Lot 3 Block 2 Ct�1,C� 13108 Willow Tree Ct. Lot 4 Block 2 — r--1 3109 Willow Tree Ct. Lot 5 Block 2 13101 Willow Tree Ct. Lot 6 Block 2 - syn J L - 1516 Willow Tree Dr. Lot 7 Block 2 1508 Willow Tree Dr. Lot 8 Block 2 --•1500 Willow Tree Dr. Lot 9 Block 2 S�"'Y' � 1501 Willow Tree Dr. Lot 10 Block 2 1515 Willow Tree Dr. Lot 11 Block 2 '0d � '� ,a �� .U�k)D,' 1523 Willow Tree Dr. Lot 12 Block 2 `` a 6 952000.01897:933059.01 EXHIBIT B CONTINUED 1531 Willow Tree Dr. Lot 13 Block 2 1537 Willow Tree Dr. Lot 14 Block 2 1545 Willow Tree Dr. Lot 15 Block 2 1553 Willow Tree Dr. Lot 16 Block 2 1556 Western Willows Dr. Lot 17 Block 2 1548 Western Willows Dr. Lot 18 Block 2 Willows Lot l Block 2 1540 Western llows Dr. 0 9 B o 1532 Western Willows Dr. Lot 20 Block 2 1524 Western Willows Dr. Lot 21 Block 2 1516 Western Willows Dr. Lot 22 Block 2 1508 Western Willows Dr. Lot 23 Block 2 � 1500 Western Willows Dr. Lot 24 Block 2 eadxm&m",—,14�7 1501 Western Willows Dr. Lot 15 Block 3 ` a,l� '� 1509 Western Willows Dr. Lot 16 Block 3 �I�M K��✓ �J 1517 Western Willows Dr. Lot 17 Block 3 1525 Western Willows Dr. Lot 18 Block 3 `' ,M33 Western Willows Dr. Lot 19 Block 3 541 Western Willows Dr. Lot 20 Block 3 1549 Western Willows Dr. Lot 21 Block 3 --1557 Western Willows Dr. Lot 22 Block 3 1601 Western Willows Dr. Lot 23 Block 3 16 oq wssnmv w'a..,x A2- wr2 4 BW ck3 n,. 952000.01897:933059.01 CITY OF FORT WORTH 1000 THROCKMORTON STREET ����� ,�'�t�• FT WORTH TX 76102 Submitter: CITY OF FORT WORTH SUZANNE HENDERSON TARRANT COUNTY CLERK TARRANT COUNTY COURTHOUSE 100 WEST WEATHERFORD FORT WORTH, TX 76196-0401 DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 11/18/2005 02:47 PM Instrument M D205347860 A 9 PGS $44.00 B • VIII VIII VIII 1111 IN D205347860 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. ,. VVWJ 'Nnr it'lii �