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HomeMy WebLinkAboutContract 32895-E CITY SECRETARY CONTRACT NO. '--- UU AGREEMENT TO POSTPONE FULL PURPOSE ANNEXATION AND EXTEND LIMITED-PURPOSE ANNEXATION This Agreement to Postpone Full Purpose Annexation and Extend Limited Purpose Annexation (this "Ageement") is entered into pursuant to Texas Local Government Code Section 43.127, by and between the City of Fort Worth Texas (the "Cily") 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: 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. 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. Section 13. Effective Date. This Agreement is effective on ��'{�' x,.2005. The City of Fort Worth:, Texas By. Cl - ,- 6�0� Charles Boswell City Manager THE STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on the Ab day of t,4q ,� 2005 by Charles Boswell, City Manager,on behalf of the City of Fort Tex 1 ATTFsST No Public, State of Texas VN-\ , Marty Hendrix, CitAecretary HETTIE LANE b, MYCOHIMISSION EXPIRES July 26,2007 APPROVED AS TO F M AND EGA ITY: ASSIST NT ITY ATTORNEY ?/,-"�&a) contract nuthoriz&tiox ®: 5 �...:..r.._ Bate 3 952000.01897:933059.01 10/20/2005 17:18 8173928359 PAGE 07/15 ANS aeroes ppb O*AWIN%U*,!Malt Chw an C t "Md, �pataoisNyh>teatbarsar pmvoft baidaalle�elatT tdM 16apaatMa bdawoMwad admobild b tar dat Mar 11% ad that by him or her a pdm m*a', dspamea,ar r aatigs/ea bialid h tbepwiat aatd,etaealed da TRACEY STERNER W*wet myhaad wA olfoW mL .® NOTARY PUBLIC,STATE OF TE S cMY COMMISSION EXPIRES Nftyp*roAt 101 Lb' apirocS��G` T 14,2006 t�reret Oa 2W5.bdbm a�.ws 14s*eear thbM�Lst,It Meet m a ibises a wldmabMlM mbworp mdtomemlM ry Msoa aeab b tM whbia Iota Wowt end admooh d,d bats dw M or is tetaoded 4w aaaia Ips his at her aapadgy aad that by hb or her alms as to' M ptsay ar the aatlb'apaa behalf d.ibfoY da p w ww4 aaasated dw inMnaMat. 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Molar7TayUa hbrCam■leaiea aspkw: 4 4 952000.01897:933059.01 18/20/2085 17:18 8173928359 PAGE 88/15 Ilzbht A A powd of hued, being a portion of Willow Springs Ranch, an additlan to TWMA County, Taas, a000rft to plat 1 mccerlod in Cablad A.SHtk 8423,of the Piet Reowds,Tarrant County,Two,being Bald of Lob 1 throtio 8,Block 1,wd ell of Bkat 2,and all of Lab 15 through 24,slack 3,an of willow The IMvr,all of willow Tra Court,all of Willow Ranch way,mad Q of western Willow s Drive,est of the wast Mm of Maid Lot 24,scootd'tg to aid pK and being tmre partials*dcem*W by metas and boande as lbilows, WORMING at the northesst=mm of aaW Block 2,also being the intersection of the south right-of-way of Avoudals Ha"Road.and the west rW-cf-sway of willow Sp mop Road; nWOM with said west right-way South 00 dcWm 06 minutes 47 seconds oust, 1051.73 Jeer to the soathemst corner of said Lot 15; 7TO94CE:tiro WWwmg cotes and distmw with the Booth boas of said Lots 15 through 24; South 8I degrees 56 minda 16 seconds west,101.76 ibtt; South 67 dagres 09 miculas 33 seconds Watt,141.94 feet; Sadh 61 degrees 55 tnamtes 10 secoods West,363.99 feet; South 72 de grace 06 mlauees 05 seconds West,306.07 feet; South 88 degrees 07 minutes 56 seconds west,21205 feet; mid South 78 degrams 09 m iumtes 55 seconds West,444.75 liter,to the southwest coiner of said Lot 24; THENCE the Ulowing oomeses and distances with the west lines of said Lot 24; Noah 33 dWmcv 3l memmtes 03 1 w l West,162.00 fbet, Nam 25 degrees 59 miotrbs 30 seconds Wad,126.42 Mk and NORTH, at 9800 feet,paw dw south r4hi-of-way of said western Willows Driver in all 148.00 foot,to the north rigbt-of-way of said Wasta n Willows DrivA and being in the sash line of said Lot 8; '14i1131,iCE:with said north rib -off ,mod said south line;west, 114.30 kc4 to the southwest comer of said Lot 8; TNTC&do followfq coarses and distances with the west Hoes of said Lots 1 th wugb 8; NORM 245.78 fest,to the nmdmwt career of said Lot 7; FAST 29.45 fat,to the southwest onrucr of aid Lot 6; NORM 303.06 ffeel,to the a 1 9 ,,t cans of Lot 11,in said Block 1; WEST 29.43&at,to the most aoeOw&southwest coma of aid Lot 3; and NORM 312.05 Soot,soft met m cam of odd Lot 1,and being is said south right-of- way of Avondale Hall]edit; THM4CE: with said south r*bt-o&way of Avuodam Hadar Road, Nom 89 degmm 26 mdnn- 25 ascends Ernst, 1743.26 feat,to the PLACE OF BW NM,mad ooeWk*some 51.3 acres of land, nxm or lass. 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 6 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 Owns er(s) Address Lot/Block L/GS 13159 Willow Ranch Way Lot 1 Block 1 13149 Willow Ranch Way Lot 2 Block 1 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 CJ u 13109 Willow Ranch Way Lot 7 Block 1 —13 101 Willow Ranch Way Lot 8 Block 1 1 • 13148 Willow Ranch Way Lot 1 Block 2 �j 13140 Willow Ranch Way Lot 2 Block 2 13100 Willow Tree Ct. Lot 3 Block 2 - 13108 Willow Tree Ct. Lot 4 Block 2 141 t=13109 Willow Tree Ct. Lot 5 Block 2 13101 Willow Tree Ct. Lot 6 Block 2 - 1516 Willow Tree Dr. Lot 7 Block 2 1 1508 Willow Tree Dr. Lot 8 Block 2 --1500 Willow Tree Dr. Lot 9 Block 2 C&C"(F)SCL."Y' 1501 Willow Tree Dr. Lot 10 Block 2 / 1515 Willow Tree Dr. Lot 11 Block 2 1523 Willow Tree Dr. Lot 12 Block 2 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 1540 Western Willows Dr. Lot 19 Block 2 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 a� ' ,J 1501 Western Willows Dr. Lot 15 Block 3 G 1509 Western Willows Dr. Lot 16 Block 3 1517 Western Willows Dr. Lot 17 Block 3 1525 Western Willows Dr. Lot 18 Block 3 33 Western Willows Dr. Lot 19 Block 3 541 Western Willows Dr. Lot 20 Block 3 1�.. 1549 Western Willows Dr. Lot 21 Block 3 G l� ,1557 Western Willows Dr. Lot 22 Block 3 1601 Western Willows Dr. Lot 23 Block 3 LoEsT uy ba- wrl 4 B Loc,6 /G�� E,vv ct.,,�x 7 952000.01897:933059.01 .,R•.•tir CITY OF FORT WORTH 1000 THROCKMORTON STREET `•. `r 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#: D205347857 A 9 PGS $44.00 >y: 1111111111111111111111 IIIII 11111 IIIII 111111111111111 IIII 1111 D205347857 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.