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HomeMy WebLinkAboutContract 32895-G C'TY SE CRET�Ry (71 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: 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, �PI� 2-x,.2005. The City of Fort Worth:,Texas By. 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 of rt Wortll,Tex ATTEST Notary Public, State Zf Texas rr \ Marty Hendrix,_ Secretary :;, HETTIE ."1 i W cOMMISSI July ONAN� EXPIRES 2G APPROVED AS TO 12007 FO 0 ND II w- ALITv: ASSISTAN CITY ATTORNEY r a COOL Contract Au horizttioa Date 3 952000.01897:933059.01 10/28/2985 17:18 8173928359 PAGE 07/15 /y PEW WON Afeww d IM Oaawe tiw«v K a e&-bc,rc�tov`ealer 15qq d � w►itows p�• Eft- 3 40,vla Lavemer 'oar-let �X52 u�i 11 00- Rama 1 AA 11 -� * ueR esoidty laowa pend b ar as i0 Lie atrefAalee:aeiiur b M� �}�wa�iwilswr � �erut r M wi�i�au�nr�t�d adrod Wroodo4rdoawaeldiee isYedbwariaeledaqaeft udMeiyidsdbar ��i ie iNealweet�pelaee,d��'ape iil[dii�i�piRaor aced,aseaaMd� i�■e�eL wYea�MryTeaadea�oi�it4eaalr TRACEY STERNER . ,NOTARY KiC.STATE OF TEXAS M' CCP i S :!ON cYPIRES W caewieeiee Nolw4 A e�rw _+Ilk,bdisms er- -a yanpwlly kwm b aye or pond b ms m e3e lsefe of aldeen b M 1M lwsoa araee b 1M widiw aed aaleienld�d r ars ire tie d eke aseeaeei r awee ie V ar Trrlw)o�edln�d dat y ldt ar IKr e�aern i r isereiese ie!w'ad,ar e#a aselb a*ae biltdw�iiait bs pnoe aeeed,aseeMed M ielne�eet. Wileew mW iced and olfidd meal t�►Caeaetieiee ewl6� 4 f� :�,�•(j if 4.r^,a ::ori li�+T �"r�'• 952000.01897:933059.01 10/20/2005 17:18 8173928359 PACE 08/15 R,sWMA A plod of hnd, being a portion of Willow 9lrinp Rmo* an additbn to Tarrant Canty, Testas, a000e 6 g to plat 1 we Win CAW A.Sft 8423,of de Plot Rsootds,Tmnatd County,Tama,be*all of Loft 1 tbrue6h 8,WA*1,and all of Bkmk 2.and el of Lab 15 thtw*24,Block 3.ad of Willow Tree Ddv%all of W®ow Tref t7=%an of Wigow Ran&Way,asd all of waft W71ows Drive,and of tie watt live of said to 24,s000tditg m odd pis,and bdog atafu pordealerly descr8mad by mom and bands a lYlbwt, BBGR4NM st the port wW corder of aid Bio*2,gw bfing the ia0erteo i- of the south ri&-of-way of Avosdsfe Resist Road,and the west rlghtoii-way of Willow Sprirtp Road; TRE CE:with said were d&-of-way,South 00 dWea;06 nowt a 47 secaods Wast, 1051.73 fuer to the soadimest canter of said Lot 15; 7RENCE:tho*11own%coarsen and&N mss with the somih has of said Lob 15 tbnuo 24; Sonde 81 degram S6 aicnfen 16 sso,— waf,101.76 het; Sale 67 dwe i 09®ws 33 moods watt,141.94 faet; 3cwh 61 degtem SS mmsim 10 s mxb West,363.99 fee; Safi►72 degrees 06 as1 - 05 seowo A Week 306.07 fee; South 88 degtem 07 atimnfm 56 seomcle West,212.03*et, and South 78 degrees 09 tetinutaa 33 ttecortda Wast,444.75 AW to the moud west cornu of maid Lot 24; IW NCE the Ulowing courses and dietemas with die meet lime of said Lot 24; North 33 depem 31 t Wit 03 seoondt Wag,16100 ft Norm 25 d W m 59 eW n 50 u000dt Waq 126.42 bet mad NORM at 98.00 feet,proms the south r&-cf-way of said Wastaa WMm Drive,in an 148.00 feet,to the numb right-vf-v"of amid Western Willow Driver mad berg in the south Taro of said Lot 8; THO C13:with said north right way,and said soath due,West,114..50 fleet,to the soatbwett omw of said Lot 8; TFE CE:the fioilowbg coupes and dbsroces wish Ow west door of said Lott 1 drettgh 8; NORTIL 245.78 fent,to the aoethu no comer of said Loot 7; EAST 29.45 fest,to the awmhiromt oww of acid Lot 6; NORT11,303.06 het,to the nothA eaarr of Lot 11,in said Bkrok 1; WEST 29.45 fleet,to the moat northerly somhwmt corner of said Lest 3; mud NORM 31203 fart,to the nwr9wult carnet of said La 1,mad b ft in said math right-of- way of Avandde ffe"Rand; T11>'TiCk: -ft said swath rsgiWof-way of Avoodele Hastat Road, Nath 89 degtoes 26 mf ut" 25 seooeds East. 1743.26 feat,to the PLACE OF DBODR M,and aontsift some 51.3 mere of W nae or los. V(li 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 13159 Willow Ranch Way Lot 1 Block 1 13149 Willow Ranch Way Lot 2 Block 1 3141 Willow Ranch Way Lot 3 Block 1 G 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 yc � a 13109 Willow Ranch W y Lot 7 Block 1 4 J� . l'F..l V 11�.•-. l y— e 13101 Willow Ranch Way Lot 8 Block 1 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 l - �,� � 4 13108 Willow Tree Ct. Lot 4 Block 2 — J r--'-1 3109 Willow Tree Ct. Lot 5 Block 2 -,T(�^ :. �.,,�,1�•.... L rte. 13101 Willow Tree Ct. Lot 6 Block 2 1516 Willow Tree Dr. Lot 7 Block 2 1508 Willow Tree Dr. Lot 8 Block 2 -•-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 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 -rna k� 1540 Western Willows Dr. Lot 19 Block 2 1532 Western Willows Dr. Lot 20 Block 2 ✓�,cr�G.ice""' 1524 Western Willows Dr. Lot 21 Block 2 V �',�;�, �� �� 1516 Western Willows Dr. Lot 22 Block 2 1508 Western Willows Dr. Lot 23 Block 2 w 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 a 71�533 Western Willows Dr. Lot 19 Block 3 541 Western Willows Dr. Lot 20 Block 3 1549 Western Willows Dr. Lot 21 Block 3 .].557 Western Willows Dr. Lot 22 Block 3 1601 Western Willows Dr. Lot 23 Block 3 L,JesT u y,a.a,.x DQ- wrZ 4 6lvck3 7 952000.01897:933059.01 FF.•a►r R 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 D205347855 A 9 PGS $44.00 Y: 11111!11/III IIIII 11111 IIIII IIIII Ilii l 11111IIIIIIIIII/III/III D205347855 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.