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HomeMy WebLinkAboutContract 32895-F • CITY SECRETARY 3222� � 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 "Agreement") 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: ' �1;jti (,�r,, �p 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 W11,ID 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 Z 9.2005. The City of Fort Worth:,Texas By. - 6L. Charles Boswell City Manager THE STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on the day of 2005 by Charles Boswell,City Manager, on behalf of the City of Fort Worth,T ATTEST Notary Pu lic, State of Texas OA. w arty HendnxQCity Secretary V,Ay�'�--- �•,� HETTIE LANE MY COMMISSION "> a EXPIRES July 26,2007 APPROVED AS TO FO M AND LEGALITY: ASSIS AN CITY ATTORNEY k-,q-I h90 ContractA t ri at;o2 C)_ Date Sn'IIIJI 5I'� IQI .�. 3 952000.01897:933059.01 18/28/2995 17:18 8173928359 PACE 87/15 Oawes �V �eiieMaea UR i tai.re eboroh (}. 1608 Wes n 6:5t`I1&-o S �r199 FrCP+ .a+� vet ow -4c j-k S lei-,TY-7 4o6Dcalk+COL n -V g � �,�1 r- preeliallytel 10 aaa a!peowd is see m be itaats ataareiialar'a.iiw tare pasha iwrswa wwasi is M"Wo 6aMeawsat sad aei.nrMdadof maeel MQ et srenalddis some is Yat M aamrdad sad Amt yYa ar bsr ae/rn a 62 lmmear t M panes.a M ai w"M t+Ytdiiatr Mpeaaaa wok maeasled dee iswulla L TRACEY STERNER NOTARY PUBLIC,STATE OF S MY COMMISSION EXPIRES NdwyTallKe1(3 AUGUST 14,2006 CL,(l VIA 11irw ouasn Vw�a� IM+Uwaa�tat,a tweet OWN a woomy PAW, Osa�pad�r lassos b sea ar pound b ms a,dk taxis d wMtau to be to Anal vtasa ower b ad aelaaala�d is sae iae>re ar sb aaaaated M aeaas is W ar oapaaigs ad Aat y 1Mia ar tv dpara d i iaarwaaat M panosy ar oils�apaa beieifd 6s Pam sand,resoled M iaalnwR Mihme rq lined aad offaW alai. NolrlpaYk 1�rCaeasaiaisa g6sx 4 .01897933V054.ol-,' 10/20/2885 17:18 8173928359 PAGE 08/15 167im1t A A patoai of Ind, b*6 a portim of Whlbw Spri p Retch, m addition to Twmd Cmdy, Tema, .000ediep m p6t heoadd In Cabkd A,SM 603,of the Plat Rama*Tanitot Canty,Tons,bdag all of Lob I t Gv*8,Nook 1,and all of H kN&2,and sR of Lab 13 tit w*24,Honk 3.dl of Willow The Drive,d of WWow Tree Cowtk all of Willow Retch way.omd all of Woom Wfilm Dive,esd of ft went lies of ala Lot 24,a000Wbg m sdd pert sed beiva male partlatlttlb tkmaibed by maeam avd 11 m no' a tolbws, BBGBM44 3 at tha node t o ma of aid Black 2,am bang the k tmc*m of the mouth d&-cf-way of Moo"Hamlett Road,ad tits want rf8 k9-way of WlHow Sprigp Roo THMM with aid wmat r18ht-0favay,South 00 6apaes 06 moon 47 mmcandm West, 1031.73 feet,to oro moadmd aornmr of aid Lot 15; TFMK B:the bliowios ooarsas and&mea wa with the mouth time of odd Lob 15 rhes o*24; Sough 8I dgpw 56 a*mft 16 swoeds Waot.101.76 fteet; Sough 67 dMemi 09 mbdo 33 mods Woo.141.94 ft South 61&wm 55 mimft 10 MM&Walk 363.99 foe; Soon 72 deem 06 1oo- OS meow&went,306.07 fat; Saom 88 mer , 07 minutes 56 moon&Wank 212.03*a, and South 78 degteee 09 tthirmtam 55 eecoth I Wast,444.75 bil,to the mouWwnt coma of acid Lot 24, THERM-the tb0owmg oowsas and dhtaeoam with dw woot Imam of amid Lot 24; Nw*33 !of 131 manner 03 seoondm Week 162.00 ft North 25 doptem 39 edaaln 50 n m&Wait.126.42 beh and NMTH, at 98.00 AK pm the m xdh ti&4-way of ala Weimm Willows Drive, in an 148.00 feet,m tiro north right-of-way of add Weemn Wigan DdM and burg in the moadi lmo of aid Lot 8; 'IHENM with aid north d*-*Rway,mod aid mowth Hot,Want,114.50 feet,to the seuthwea corner of mW Lot 8; TEMM dw AMoaiog as mm and 4letwom with the west 8ms of add Lob I tbmugb 8; NORTH,245.78 fleck to the vaegtwaat oame of aid Lot 7; EAST 29.45 sect,to the soathweat saner oaf aid Lot 6; NORTK 303.M hA to gee awdm t canes afLot 11.is amid i3ksck 1; WEST 29.45 heat,to the moms xa%wly totdbwemt carnes of odd Lot 3; and NORTH,312.05 foot,to dw varmint oww of nig Lot 1,mad bdq in aid mouth r*k-of- way of Awndde MWW Rama; Tlx: -tet via mouth r4odmaf W of Awoamte liTaiet Rand. Nath 89 11p, m 26 ndsules 25 11800116 Baa, 1743.26 faek to the PLACS OF$Et1$l4AlQlfi•,and some 51.3 ecru of Lurid, roam or lam& 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 Owner(s) Address Lot/Block L 13159 Willow Ranch Way Lot 1 Block 1 13149 Willow Ranch Way Lot 2 Block 1 L' (�Illk (wk,"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 —13101Willow 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 — ��, r--'-13109 Willow Tree Ct. Lot 5 Block 2 13101 Willow Tree Ct. Lot 6 Block 2 - - yn ,Lt 1516 Willow Tree Dr. Lot 7 Block 2 1508 Willow Tree Dr. Lot 8 Block 2 P�-c - 1500 Willow Tree Dr. Lot 9 Block 2 1501 Willow Tree Dr. Lot 10 Block 2 1515 Willow Tree Dr. Lot 11 Block 2 1523 Willow Tree Dr. Lot 12 Block 2 ti��i1Y111j V Y Y G .._J Liu L �:1•.j 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 J �� 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 ell � � � 1516 Western Willows Dr. Lot 22 Block 2 1508 Western Willows Dr. Lot 23 Block 2 ( yjw 1500 Western Willows Dr. Lot 24 Block 2 1501 Western Willows Dr. Lot 15 Block 3 1509 Western Willows Dr. Lot 16 Block 3 1517 Western Willows Dr. Lot 17 Block 3 1525 Western Willows Dr. Lot 18 Block 3 7T533 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 /�dq W�STER.N Gcr,�eo,,,x DR- wrl4 Btvck3 952000.01897:933059.01 �.s••arra CITY OF FORT WORTH & %it 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 D205347856 A 9 PGS $44.00 Y (111111 IN 11111111111111111111111111111111111111111111 IN D205347856 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.