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HomeMy WebLinkAboutContract 32895-J • CiTY SECRETARY r 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 f 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 .2005. The City of Fort Worth:,Texas By. 0 , Tat--x& Charles Boswell City Manager THE STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on the /D�day of 2005 by Charles Boswell, City Manager, on behalf of the City of Fort Worth,lexA ATTEST No y Public, State of Texas 0A Marty Hendrix, CAI Secretary HE7?IE LANE MY aCOMMISSION EXPIRES July 26 2007 APPROVED AS TO ru M r%1`4D LEGALITY: ASSISTANT ITY ATTORNEY contract A thoriaatioa Data 0 3 952000.01897:933059.01 10/20/2005 17:18 8173928359 PAGE 07/15 fj"lp POW luivin AYE 0 Film is odmWel h b4&ME* 5 �r'�vie LOT _ G�) L-L w Sir��5 h lkwy poffir,pwan•w pnmmft loan b M or pmmd b w an to tri a�EMwiiaw,w tp M pwa�aiM rwae b M wig i�Mer�aot aild domobtd b m.it low aM emwMid o aaru Y Now k av*mtsd aapaaft and is by Lb orLar swolum a•i ifie *Mkmn L PrP TRACEY STERNER �oty brd and olidtl=L .NOTARY PUBLIC,STATE OF S �yyJ MY COMMISSION EXPIRES W�� Pidimy blip ���oF ST 14,2006 -w4ct .rrr os.wa pnpe4r a,w ttlaek 0 is Sfinnc l� 13111U�-'�77aJohon , oZ?e7 k. . , .]ng bmeorpwvodbmsmOe rob ai i um moria b. mor and aiMlei�i b s it Le or As wmobd On aa...ie Iiia or trr ogaft and*d try tda ar Ler aiMrOre as i ieMismaat i p�aeR,or i aaolq��trWtoi'.iltiaY 6e praon salad,aeeooaad i inMw.aaR FONOTARY TRACEY STERNER myhaedmdcowal OW. PUBLIC,STATE OFT S MY COMMISSION EXPIRE P*C4mmds ie• ST 14,2006 4 'CrIT 4 952000.01897:933059.01 10/20/2005 17:18 8173920359 PAGE 00/15 13h"A A parcel of bad, being a portion of W4gow Sprit Rmcb, an sddititn to Tarrant Camty, Teeae, aoowdmg m plat,,,ceded in Cabbet A.Shk 8423,of the Plat Raow+ds,Tanvat Comfy,Taaas,btaog ell of Lob 1 thto*8,Block 1,and all of Block 2,ad all of Lob 15 throartlt 24,Hock 3,ad of willow Ttw Drive,au of Willow Tragi Coon,all of Wi11ow Reach Way.and all of Walem Willows Drive,and of the wat live of said L424,aaomft to avid phd,and bahtg move patt,duly dwcn'bed by merge and boNadi As lbrlow% BBOR NM at the nartbo c ocaoa of said Block 2,abo bamg the k tattecdon of the south rWof-way of Avmble Hak,Road,and the west d*"frway of W11bw Sprt op Rad; 7=4CE:with aid waat rWof-way,South W degrees 06 minutes 47 secoode Wast, 1051.73 M4 to the soutbaast*anter of aid Lot IS; ' FMNCR tho Mowing oversee gad dutanoes with the south li t as of acid Lots 15 ehrottgh 24; South 81 degrees 56 ndmda 16 seconds Waat,101.76 feet; South 67 dogmas 09 moria 33 aeocuda Wat,141.94 feet South 61 degteae 55 ud mtaa 10 sooaoda Wast.363.99 feet; South 72 dopen 05 vemntes 05 saoorda Walt,306.07 feet; Soo6 88 4 p, 07 m1s 56 a000tda Wat,212.03 fait; and South 78 dogma 09 mimatw 55 seconds Wag,444.75 giet,to the southwaat ooraer of said Lot 24; THBMM,the following comaae and didaaoa with the wast linos of said Lot 24; Nat 33 dwea 31 taiomabs 03 sww&Wak 162.00 fat; NW&25 dgteea 59 isthow 30 a000da Wat,126.42 iaak and NORTS, at WOO feat,pea the tooth tiOWway of said Waatem Willows Drive, in all 148.00 feat,to the north rWit-of-way of aid Waateen Willows Drivay and bomg m die mob line of avid Lot 8; 'l'[3ENC'B:with said north rW-of-way,ad aid scoth drre,Wet, 114.50 fat,to the southwest corner of aid Lot 8; TEMNCR the following owrow aad distaaca with the wast Bose of add Lott 1 through 8; NORTH,245.78 fall,to the with waet coma of aid Lot 7; EAST 29.45 feet,to the sotnhwat Owers of aid Loc 6; NORTH.303.06 feat,to the mti' , I comer of Lot 11.in aid Bloch 1; WEST 29.45 tact,to the most scrtbeft soothwat cocoa of ofd Lot 3; and NORTf1,312.05 feet,to t'hs mi d wet corer:of add Lot 1,and being in said south riga-of- way of Aviceedate Aaalet Mout; '1'1t8ME: with said south rigtdof-way of Avoodab Halet Rcad. North 89 degrees 26 MbMft 23 aom&Bat, 1743.26 feek to the PLACE OF BEGMNM, sod owfitioiog so®c 51.3 acre of land, mese or 1esa. 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 fug if 952000.01897:933059.01 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 t�1.13141 Willow Ranch Way Lot 3 Block 1 13133 Willow Ranch Way Lot 4 Block 1 13125 Willow Ranch Way Lot 5 Block 1 6� 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 13100 Willow Tree Ct. Lot 3 Block 2 - 4 13108 Willow Tree Ct. Lot 4 Block 2 LA _ 14qq 1 J1---�1- r`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 1500 Willow Tree Dr. Lot 9 Block 2 1501 Willow Tree Dr. Lot 10 Block 2 J 1515 Willow Tree Dr. Lot 11 Block 2 1523 Willow Tree Dr. Lot 12 Block 2 6 952000.01897:933059.01 E)a-UBIT B CONTINUED 1531 Willow Tree Dr. Lot 13 Block 2 1537 Willow Tree Dr. Lot 14 Block 2 2^^ `C 1545 Willow Tree Dr. Lot 15 Block 2 1553 Willow Tree Dr. Lot 16 Block 2 1556 Western Willows Dr. Lot 17 Block 2 V-)OSMA�- 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� ^q , 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 7'133 Western Willows Dr. Lot 19 Block 3 541 Western Willows Dr. Lot 20 Block 3 1549 Western Willows Dr. Lot 21 Block 3 C b/ L1557 Western Willows Dr. Lot 22 Block 3 1601 Western Willows Dr. Lot 23 Block 3 ol C,JEsT cv, Da . wrL 4 6 wck.3 "CIT i 7 952000.01897:933059.01 CITY OF FORT WORTH .6 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 D205347852 >- 777� A 9 PGS $44.00 111111111111111111111111111111111111111111111111111111111111 D205347852 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.