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HomeMy WebLinkAboutContract 32895-K CIT`( SECRETARY' 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 "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 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: 3 I LCC ISL:'1. IT o 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 ILI 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 C�Iy �' al.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 then day of2005 by Charles Boswell, City Manager, on behalf of the City of Fort Woj1h, Tera ATTEST Notary ublic, State of Texas Marty Hendrix, CiQ Secretary HE77IE LANE MY COMMISS10N EXPIRES JulY 26,2007 APPROVED AS TO Fo M AND ' EGA�i T Y: �i�-C) ,e,- ASSIS AN CITY ATTORNEY ",-Pz-aA�c C'ontrac au izat ' Date �L 3 932000.01897:933039.01 10'650££6:L6810'000256 f q" $a I MPNSPWP gAEMair "Now" *am"N1mm4ma!wampwp +�M+o JR4 aA9P� ���l4�F+r M Payer�l+ows��wl�wl� POWER" AMOK*' *Awls so rs ws q P��d+o.0 q rroga �w� t-- *Mau ....o 93WI&S NOISSIWW03Ily, 51/X31.,0 31V18`otic ld AHVlON' •1w two PN Pq v'M"MIM W3MMS A33VUl NPp�vwmuds*wwpjpwgwr41w4*A' +i6M "Nmn1Mo4 �+�+w 4 a*Mr��P�4��,.�w a.■�.of l�wnn rM r M>rws.a a I�� pm 19 1 limIvwso a .rrw .wM a •�w NmwitPedroNause" , r WWAMO STILE 39*d 62cam 1T8 BTUT SYYL/OE/8t 10/29/2995 17:18 8173926359 PACE OW15 >cd"A A pmW of WK b*g a pm*m of Willow Speiag ltd an add lic s b Tertud Coo*, Taw4 ao0ar aaB a pit taoaada I is COM A.BHda 8425,dime PW IRsowd4 Taremal Carel*,Tan,brine sA d Lod 1 *=0 8,Block 1,mrd d of Blmek 2,nod at of Lob 1316tm*?A.MA 3.d of WSW Trw Ddm def WMaw T m Coot;A 9f Willow loch Way.and all of Waatarn WSlovm D dv%mot of ft wmet iters a aM Lot 24,amaotdla8 to acid plk and bailB otos paetloeletbr daaibad by tsar aad I m ad r ar Mow% BBfIAtATlrTO st me taxmoaat oomtr d add Bbdt 2,aio batag the baeamcticn d tb.aum tilt-o�wy' of Avondale VA"R0e4 cad the watt t$04M sy dWiflow Sl IMP Bond; 710»wit aid vot rkSV c&way,Soo&00 dope 06 site w 47 m mda wet, 1051.73 60,to the mcadiwat ooemr or aid Lat 15; THIMMOmitla 00eraam med dW mm3 wim the on6 Heaa of add Lod 13 tbeoc86.2A; Baum 81 dope 56 ot. A. 16 aaoosda Welk 101.76 ft Boum 67 dW4vi 09 mk*n 33 amok Wok 141.94 Stet Soam 61 depae 35 mb"10 a wcodn Wmk 363.99 flat; Soum 72 dWm 06 ,I ue a 05 amoral.What,30647 it; Bovet 88&Wm 07 mkrM 56 smc"West,212.03 Ret; ad Booth 78 dogrow 09 .9 saoordr WiK 444.73 be,to the santhw m oaraer of add Lot 24; THff4 B:the t4mioe omm cad dtatw m vim ms wet Umea deid Lat 24; Norm 33 dMus 31 t►t111 1 03 m amh Woat,16LOO ft Nam 25 de3toaa 59 taWft 30 womb Woet,INC Stat; cad IiMM at 98A0 60.pm mm soem tkVAW-mw of add Wotan WMm Drive,Is an 148.00 fK to domalb d*-,*P n0►of add Wotan WMP"Dehio;sed bft is m,wet&Ym oteid Lot 8; wlm add oarlb rw-Of-tw►y,and acid south Use,wear,11450#4 b mm aaathwmac Bomar d add Loc 8; '13ffi1CB:ma ioinwhK 0oarae asd dimtaeoma wlm ma want Hes.dadd Lab t tbtaayh 8; MRT ,245.73 Bast,to m•s0e16saat acct load Lot 7; BAs'['29.43 But,to the aoomemat corm dlaid Let 6; NMI%30346 fret,to me udwed comer etLot 11,in add Book 1; NEST 39.43 met,to the Benet=dnrbaariwmat aatrtr deaid Lar 3; and NpRT%31246 lest,to the mrlhwaat mamr d aid Lot 1,ed beat hs laid Boom s way atAvaadale ffmda]tad: til13NC6: wAlt odd eoutb righlmcf�d Avmftb Rata:RmA Nardi 89 de0toaa 26 atw 25 now&Beat, 1743.26 Bast.to the PLUS OF 9MOM Cf,mad=nkbbg m 51.3 am of WA amm ar lwL 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-l. 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 a44,K a!Z43141 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 tfIz!( ' ��(`'``` r~`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 ul , �a 4 13108 Willow Tree Ct. Lot 4 Block 2 — Cc,vu+z,C� 1941.,. J-- --- '---13109 Willow Tree Ct. Lot 5 Block 2 13101 Willow Tree Ct. Lot 6 Block 2 L �- 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 ss 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 vele ��2— 1516 Westem Willows Dr. Lot 22 Block 2 1508 Westem Willows Dr. Lot 23 Block 2 w 1500 Westem Willows Dr. Lot 24 Block 2 1501 Western Willows Dr. Lot 15 Block 3 G ,;1 1509 Westem Willows Dr. Lot 16 Block 3 1 1517 Westem Willows Dr. Lot 17 Block 3 1525 Westem Willows Dr. Lot 18 Block 3 a --� 71�533 Westem Willows Dr. Lot 19 Block 3 541 Westem Willows Dr. Lot 20 Block 3 1549 Westem Willows Dr. Lot 21 Block 3 f �, –U557 Westem Willows Dr. Lot 22 Block 3 1601 Westem Willows Dr. Lot 23 Block 3 �r " 16oT wy ao,,,,x bp- wr2 4 SLoc v-3 Esi-E,w � 7 952000.01897:933059.01 AFF-..#iyi• RAF t�;�7CPt�7�' . i C4 i CITY OF FORT WORTH 1000 THROCKMORTON STREET iFF.#ri#. 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 D205347851 A 9 PGS $44.00 I IIIIIII IIII VIII VIII VIII VIII VIII IIID VIII VIII IIII IIII D205347851 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.