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HomeMy WebLinkAboutContract 32895-L CITY SECRETARY CONTRACT NO. c.- 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 "Ci1y") 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 S. 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 �yr v r(„ l(i�V .I-.r. 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 Per 2—Y,.2005. The C' f Fort Worth:,Texas By. Charles Boswell City Manager THE STATE OF TEXAS COUNTY OF TARRA.NT This instrument was acknowledged before me on the Z,�� day of 2005 by Charles Boswell, City Manager,on behalf of the City of Forl Worth,Texas. < ATTEST Notary Public, State of Texas Marty Hendrix,Cl Secretary HE TTIE LAN "° MY COMMISSION EXPIRES +� APPROVED AS T -•,_._. y 26,2007 FO" AND LEGALITY: ASSIST NT ITY ATTORNEY Pz `& Contract .Ruth izatio Date - f 3 952000.01897:933059.01 10/20/2005 17:18 8173928359 PACE 07/15 > b Adk� Owen hwpeq• pri�Mw,UF.�idt ��(IWR yta rL 4WWd �•�5�' AjAE!:nnc �Pw bwbto aVorp mdbmco6c >Ie+eY diirlee:wiietw te,ie M p�wa wwswr>i�eeeYei b M wirie ieeeeeneet rd ae+ie�ewMilrbae�eut fra rY.�.wr.ir enea.Ytirr>ter ar�eieM etpeipr,ewi Oeat 17Air a>trr ���Ar iMseeet M}req,a M rMlq+r Yr!'d�ik�M pnoe e�1eA,moae�lyd M +ererwet. W "�" TRACEY STERNER •®,NOTARY PUBLIC,STATE OF TE 7� COMM' SION EXPIRES S MfOwsirira /� U 14,2006 re1r1 owe m .� loofa b m a pvwd b ms a be ieeis d IgwMaer b M 1M}carat flow nreu b dM wid�is Lewweot ead ad■e�letrld r atr rr>tr a ie+ww�IM it wwr ie 11ir a�a�b4 ad Aart br Idr a Ua tl�rfin s f Yrfa�■e+b r ptwue.t►r ie aeigrt leYltd.iYfe�6r pnon eaead,esroeled M Yr�w�wt. Nllew eq head red tt�ioel eed. Iirbrlr�Ye tbCariiee airs 4 6 I �I Ja u Lc' 4 952000.01897:933059.01 10/20/2005 17:18 8173928359 PAGE 08115 ?,sem A A porcei of hnd, bd 4 a prtba of Wipow 9peinp R=;h, ou aIN" to Tamm Coity, Teem, amomedag d phd esexads I in C*kd A,366 8425,of the flat Raow'dy T&=M County,Tama,bdit alt d Lob 1 thtao 8.Block 1,and all of Nock 2.and A of Lab 15 throw 24,Block 3,all of Wi9ow Tm Ddwq sell of WiOow Tfa Cosa,an of Widow Rauh Way.sad W of Westem Willows Dmq dust dit west Uro chid Lot 24,amoft to aid plat.and bdn mane pwdmalar)Sr dmrW by tsmea and bousda a fadowa, BBGBgNM at the not 0 Cana of aid Block 2,.Lo being the kmwcdm of the south r4 t.eeFway of Avondale);I<mW Rana and the most 4*k)&way of willow$plop Road; T ME:with aid wast ri4 -of-vay,South 00 degrees 06 munuta 47 so m&Wert, 1051.73 feet,to ms soudwst corner of said Lot 15; ITIMM the l OWwmg coarses and distances with the south How of said Lots 15 O ou4b 24; South 81 d Urn 56 usivata 16.eoa I west,101.76 feek Seth 67 dWe i 09 minutes 33 aoeuods WaK 141.94 feet; Soadt 61 dupes SS miaow 10 saoasde week 363.99 fiat; South 72 deem 05 mimtes OS seseae I wast,306A7 feet; South 88 8eyess 07 mkow 56 eaoom&week 21105 tea; and South 78 degree 09 Mtittntes 35 seootda wast,444.75 feat,to the southwest Dome of sod Lot 24; '1'1•l1 ME:-the Moving cowa4 and dietanoss with the wast Lina of grid W 24; North 33 1 pea 31 miaemes 031eoaeds wee,162.00 fee>~ North 25 dWM 59 Mdoalr 50 Iftoob We%126.42 got and NMTK at 98.00 fest,pm the south right-of-way,d aid watem WMm Dive, in all 14&00 feet,to the Math right-of-war of said Waoa<n WMows Dmq and being m the south line of said Lot 8; 'l MNM with aid north r146t-ol~way,smd aid south Hae,West,114.50 fast,to the:ecsethwest owner of aid loot 8; TEMINM the k ilowiog coussas and distanost with the wast Hass of said Lob 1 through 8; NORTH.243.78 feat,to the mordmat corner of said Lot 7; EAST 29.45 feet,to the southwest oorser chid Lot 6; NORTH,303.06 feet,to the ntrWeat manor ofLet 11,In said Bloek 1; WEST 29.43 lest,to the mat mr6mly-oulhwast man chid Lot 3; ntd NORTA,312.03 hes,to the Aortirwat corner of said Lot 1,and being in said south right-of- ww of Avandefe 1 Revd; T41 44M whh aid south rMbl-of-way of Avcodsle heist Rona North 89 de Mm 26 mimsas 23 ssmaeds Eat. 1743.26 feet.to the PLAICE OF B1df3WAM,sad moatsiMuo4 some 51.3 seas of head, nae or less 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 f 13159 Willow Ranch Way Lot 1 Block 1 13149 Willow Ranch Way Lot 2 Block 1 G' G��LC13141 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 r~'r13101 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 - ILI JI 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 – - 1516 Willow Tree Dr. Lot 7 Block 2 1508 Willow Tree Dr. Lot 8 Block 2 ---1500 Willow Tree Dr. Lot 9 Block 2 (&e'4S�(�y��l��-- 1501 Willow Tree Dr. Lot 10 Block 2 1515 Willow Tree Dr. Lot 11 Block 2 CIT 1523 Willow Tree Dr. Lot 12 Block 2 FT 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 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 ell, � � — 1516 Westem Willows Dr. Lot 22 Block 2 Afl 1508 Westem Willows Dr. Lot 23 Block 2 r - � 1500 Westem Willows Dr. Lot 24 Block 2 1501 Westem Willows Dr. Lot 15 Block 3 ✓�/` 1509 Westem Willows Dr. Lot 16 Block 3 J 1517 Westem Willows Dr. Lot 17 Block 3 1525 Westem Willows Dr. Lot 18 Block 3 7'1'533 Westem Willows Dr. Lot 19 Block 3 541 Westem Willows Dr. Lot 20 Block 3 1549 Westem Willows Dr. Lot 21 Block 3 v 1557 Westem Willows Dr. Lot 22 Block 3 1601 Westem Willows Dr. Lot 23 Block 3 7 952000.01897:933059.01 • e � 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: 11118/2005 02:47 PM Instrument#: D205347850 A 9 PGS $44.00 B • I IIIIIII IIII VIII VIII Illlf VIII IIID IIID VIII VIII IIII IIII D205347850 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.