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HomeMy WebLinkAboutContract 32895-D CITY SECRETARY �l CONTRACT NO. AGREEMENT TO POSTPONE FULL PURPOSE ANNEXATION AND EXTEND LIMITED-PURPOSE ANNEXATION This Agreement to Postpone Full Purpose Annexation and Extend Limited Purpose Annexation (this "A eement") is entered into pursuant to Texas Local Government Code Section 43.127, by and between the City of Fort Worth Texas (the "City") 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 o� 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: I v; D9 tiN (I1I1J�� ,.S�uul��-G�1; 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 f�o ..Y'.v�:lU'ly UI�G�te 2 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. nn Section 13. Effective Date. This Agreement is effective on &D)W-1-- 5.2005. The City of Fort Worth:,Texas By. C A� GZ., 63esP.P—U Charles Boswell City Manager THE STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on the LP__ day of)4� 2005 by Charles Boswell, City Manager, on behalf of the City ofFort W ;'Texas. �`"" ATTEST Notary Public, State of Texas A(ou-:kt Mwty kentlrix,6'0 _-Sbcretary� .�_ � tM4 HET►-1 ENE 9r att*+ COMMISSION FXp►RSa J 1 26,2007 . ,,APPAOVED AS TO F M AN LEGALITY: ASSIST NT CITY ATTORNEY contract izp j n to r p �U� ^z M ..: u�:MU Jl l U G1 e 3 952000.01997:933059.01 10/20/2885 17:18 8173928359 PAGE 07/15 • fspl Wesitrr LOf /5 ell f f1f1 w,�ls�s '- 1�3 7Gos' 11 �, y�a pd�raoadbr aAami " prrsoWly to e b m a prvwd to ma an be Tari aE clary wiim .b M e}mNa due miw. b be wibia iaalndmam and arlwwdM�d b au Act how abo aamryrd br aadaa Is like bw mimbW as m ft,cad dud by hi.ar bar d pdmw m M in.ntrrd"M pumm ar b.mNynpea Sae rome dd. SNOTARY TRACEY STERNER �my bmd and alkid rad PUBLIC,STATE OF TEXJ PIMY COMMISSION yEX�PpIRE$ AUGUST 14,2006 WCoamdnim 104 (& Pww o�..r. ►nparb A.gl�wr.1�,.�,�>� b..i.of addme.b M b. imawe b me a prvr.d d fne an be p.eaoa aa.b b b.within inarnoeaad mid aiewl.dpd b am d w baa aM owomd bo au..b bis m bar aag.ci g cad dud by bb ar her aira.ama as M iaMwa�t ba panow,ar b.+rba*aa babdtal•dblrh b.p.aon card,edee.ded be iarf:waml. Wiraa+my hmd aed oAiei.l.cal. 1'�r1�e bbrCa■daiaaiea addpYaa: 4 C�YYflT. 4 952000.01897:933059.01 10/20/2805 17:18 8173928359 PACE 08/15 A A pial of lord, being a portio of Willow Sprmp Ranch, an addition 10 Tarrant Coto t , Twos, aoaoeelotg to VW, -, 111 in Cabinet A,S11de 8423,of the Plat ReDvswis,Tahrant Cotmty,Tawas,being all of Lob 1 through 8,Book 1,and all of Bloat 2.and all of Lob 15 tbrongh 24,Bloat 3.all of wilbw Tree Drive,all of Willow Tra Coag,aU of Willow Roach way,mad all of Watan Willows Drive,est of thle wast lint of said Lot 24,a0owft to mid past,and being moue pudmlwly dcscr bW by nktas and boasts ae follows, BBGR4NM at the norAtawt antra of said Block 2,also being the ko sation of the south rlgttt-of-way of Aveaadals Heald Road,and the west d&-of-way of Willow Springs Rad; TF4CE:with mid west 1W-Of-waw,South 00 degrees 06 momtaa 47 se m&West, 1051.73 het,to the southeast cower of mid Lot 15; MENM,tho Sclbwmg courses aad&swea with the south Sees of mid Lob 15 through 24, South 81 degre, 56 mimtbt 16 eecenels WOK 101.76 hW, South 67 de r'as 09 miendaa 33 mm&West,141.94 feet; Stthrtb 61 dagteas 55=kvA s 10 seam I Wtaa.363.99 fact; South 72 deF=06 onmaees 05 swownds Waal,306.07 fait; South 88 6egraa 07 tnkNW 56 s =xb West.212.03 fleet; and South 78 degrees 09 rrtirttttaa 55 seconds Wast,444.75!lout,to the soutimed corner of maid Lot 24; TFI1314CE:the following cooreas and&otmm with the waat lmea of aid Lot 24; Nath 33 6eree131 mkow 03 seooads Wait;162.00 that; North 25 dWm 59 miaatla 50 mecods Wsat,126.42 tot and NORTH,at 98.00 foot,path the south right f-way of said Waters Willows D dva,to all 148.00 fit,to the north r%k-of--way of said Wadern Willows DdM and b®g m the sough lute of said Lot 8; THWC13:with mut oath right-of-way,end said south line,Wat, 114.50 fact,to the southwest omker of said Lot 8; TFI6NCE:the following cotuaes and distances;wkh the waat Hoes of mid Lob 1 through 8; NORTH,245.78 fed,to the n x**=t corer of said Lot 7; EAST 29.45 feet,to the sou*wat am=of said Lot 6; NORM 303.06 feat,to the northeast corer ofLat 11,in mid Block 1; WEST 29.45 fait,to the most mordmV southwest em wt of mid Lot 3; and NOKTF4 312.05 hct,to the notthweR cam of said Lot 1,and being in said south right-of- way of Avondale Fiseld Rad; nW4CE: with aid south nOtofway of Avcodab Heald Rad, North 89 degrees 26 mftmm 23 MM&Beat, 1743.26 fled,to the PLACE OF 13WMNM,mad contabing mem 51.3 acnes of land, more or leas. 5 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 CIF Yc )_ � ° 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 ` L i � � 13159 Willow Ranch Way Lot 1 Block 1 � °�`�13149 Willow Ranch Way Lot 2 Block 1 ML' - l�Ili Ct�t„� 3141 Willow Ranch Way Lot 3 Block 1 13133 Willow Ranch Way Lot 4 Block 1 13125 Willow Ranch Way Lot 5 Block 1 13117 Willow Ranch Way Lot 6 Block 1 � 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 O 13100 Willow Tree Ct. Lot 3 Block 2 - 13108 Willow Tree Ct. Lot 4 Block 2 U Ct,V�a'l,Ga 141,-. J 13109 Willow Tree Ct. Lot 5 Block 2 13101 Willow Tree Ct. Lot 6 Block 2 - 1516 Willow Tree Dr. Lot 7 Block 2 1508 Willow Tree Dr. Lot 8 Block 2 ,( ZLI -- 1500 Willow Tree Dr. Lot 9 Block 2 1501 Willow Tree Dr. Lot 10 Block 2 ��f✓°vi`L� rn n �l � 1515 Willow Tree Dr. Lot 11 Block 2 r�� F],�.��°��'� ���ry'0 DD 1523 Willow Tree Dr. Lot 12 Block 2 FYI 'J''�'! liys� YEK, 6 952000.01897:933059.01 EXHIBIT B CONTINUED 1531 Willow Tree Dr. Lot 13 Block 2 1537 Willow Tree Dr. Lot 14 Block 2 .4/%, 1545 Willow Tree Dr. Lot 15 Block 2 1553 Willow Tree Dr. Lot 16 Block 2 1556 Westem Willows Dr. Lot 17 Block 2 1548 Westem Willows Dr. Lot 18 Block 2 1540 Westem Willows Dr. Lot 19 Block 2 1532 Westem Willows Dr. Lot 20 Block 2 1524 Westem Willows Dr. Lot 21 Block 2 1516 Westem Willows Dr. Lot 22 Block 2 1508 Western Willows Dr. Lot 23 Block 2 1500 Westem Willows Dr. Lot 24 Block 2 1501 Western Willows Dr. Lot 15 Block 3 ` 1509 Westem Willows Dr. Lot 16 Block 3 07 1517 Western Willows Dr. Lot 17 Block 3 1525 Westem Willows Dr. Lot 18 Block 3 7-1533 Westem Willows Dr. Lot 19 Block 3 541 Westem Willows Dr. Lot 20 Block 3 ,1 1549 Westem Willows Dr. Lot 21 Block 3 57 Western Willows Dr. Lot 22 Block 3 1601 Western Willows Dr. Lot 23 Block 3 FaRmi um 952000.01897:933059.01 t CITY OF FORT WORTH 1000 THROCKMORTON STREET 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 D205347858 A 9 PGS $44.00 111111111111111 IN IN D205347858 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. At 9 tlo LV7V1�W1 ��G?