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HomeMy WebLinkAboutContract 32895-M CITY CONTRACTENO Y Sq 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 "Cy") 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. 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 6�*-y 2-K2005. The City of Fort ForWorth:,Texas it� B . 1 , - 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, Texak F ATTEST No Public, State of Texas f�� 1. s Party Hendrix, Ci Secretary cc, HETTIE LANE MYCOMMISSION EXPIRESAPPROVE® .A-3 TO MY 26.2007 r%ln&A A 7 A=11TV- ASSISTAW CITY ATTORNEY contrac horiz tion oato o 3 952000.01897:933059.01 18/28/2995 17:18 8173928359 PAGE 87/15 ftMGWlmWj—W—Wlp A*Om o"mt p owly V*,•am* J►1CAAe1 Sjver; /Si��;liat,;�r�e.Dr w,,llea,, s-;n j h bea]A S.1 ver', P,4lct, 7',X 76oSz 6)v-41 Lai'lI pasobe ft bow topm"d to er eafro `" �aafafl0�la�miittbw /��aiawawwtM rMwefli�i�atetwwtatd adwwdryN to lir flat Mar 1b uno d de a In Now bw mdwitd mg Ib and dW*ed.ar ber aiparwa ft.bAlrvaltat fm p om ar to mown t ba WQfv *fr Pao 014 mass"so #ltrtnwlt. �►itw r7'lead ad afidal awl TRAM STERNER NOTARY PUBLIC,STATE OF TEXA MY COMMISSION EXPIRES 14Caa�tliniaa atperaK `( {4s 14,2006 taW" 11 �1 wt owaProp" AaNlrMtt`1w1,•111ek oa bdbre ar .a af}w1t� haat bar aow pd io ma an Ale latft atatl� a111�w1dwgt bb M tha Maoe Moat frwa "dvAim i�rtlaroaet d arwatl.dpd to ar dw beer is aaswlld f1.t is do or br oapactq�.atd tktt bf Mt ar her ayiwrn a fw ft1<fa■wt fr ptrww,ar fn taYgr N�bialf d�Yeds fN P.1la►tend,altoalad ftt ialrtlnat. Wetsas 4 bald wA adi* mL bb'CawwWlt eapirta: — NdwyPoft_4 4 952000.01897:933059.01 10/20/2085 17:18 8173928359 PAIS 08/15 X h"A A panel of and, being a portion of Willow Sprmp Ranch, an adMM to TWMVt Canty, Tans, somoed'mg to pot eeoet[de I in Cabinet A.Slide 8425,of the Pat Records,Tenant Coady,Taw,bang all of Lab 1 threojh 8,Block 1,and all of Black 2,and all of Lab 15 t6taayh 24,Block 3.all of willow Tin Drive,all of Willow Tree Coati,all of Willow Ranch war and all of Wa tern Wifk►we Drive,mist of do woes liar of Maid Lot 24,sooadiag to add pit,and beht6 mane pardool arty descrW by neem and boash as Idlows, BBt3FNNM at the nett zW omm of said Blook 2,also b&W the mtatmotiam of the south d&-of-way of Avondale Haelst Road,and the west rW of-way of Willow Spmp Rood; TH DICE:with et"west ri&-of-war South 00 degrees 06 minutes 47 m m&Wort, 1091.73 Seel,to the southeast owner of said Lot 15; TF024M the Soltowing am=and diabnos with the south limas of acid Lots 15 through 24; South 81 doges 56 n6asim 16 aeooa I Week 101.76 Stet; South 67 degeni 09 mimntss 33 aeoonds Week 141.94 foot,; South 61 degree 5S mkmh s 10 swam&Wit,363.99 faeK South 72 de p=06 amman 05 sw mds Wst,306.07 Seat; South 88 degetes 07 mkmW 56 seemit woof,212.05 hex,; and South 78 degtm 09 ntinntes 55 saoorda Wet,444.75 het,to the southwest eorna of said Lot 24; TFFF3NCB:the bllowmg courses and didomos with the wet Timm of acid Lot 24; Nath 33 1 Up 131 miom 1 03 seoaads West,162.00 het; Nm&25&Wm 59 min w 50 moomds Week 126.42 Sect; and NORT13, at 98.00 feet,pass the Booth tits"-way of said Western Willows Drive, in all 148.00 feet,to the north right-of-way of sdd Wmitom Willows Drive,and being in the www Um of acid Lot 8; '1'HW4C&with said north right-of-wsy,and said loath liar,West, 114..50 feet'to the southwest amw of said Lot 8; TEENCE.tits billowing courses and diatanaaa with do west litre of said Lata 1 through 8; NORTH,245.78 fest,to the neethwast corner of said Lot 7; BAST 29.45 feet,to the soul wart omm of said Lot 6; NORTH,303.06 feet,to he lttxtheast caner ofLot 11.in acid Block 1; WEST 29.45 tact,to the mat northarty eowhwast owner of said Lot 3; mrd NORTfi,312.05 feet,to the northwest cans of aid Lot 1,and being in raid south right-of- way of Avondale RuW Road; TWNCE: with aid south rigid-of-way of Avomdab Hadet Road, North 89 degoes 26 mimi1 23 ssmmds Eget, 1743.26 feat,to the PLACE OF OWDINIM,sad amtaimmg sumac 51.3 acres of land, nae or lass. l•7 U ll..,.:d.C i'gLI^:U•:C 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 Elf, 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 C 13159 Willow Ranch Way Lot 1 Block 1 §Z:`'Y� 4)13149 Willow Ranch Way Lot 2 Block 1 C( i13141 Willow Ranch Way Lot 3 Block 1 13133 Willow Ranch Way Lot 4 Block 1 �f 13125 Willow Ranch Way Lot 5 Block 1 13117 Willow Ranch Way Lot 6 Block 1 13109 Willow Ranch Way Lot 7 Block 1 AL1, ��- `� • �� "```��"`� 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 - w�> 13108 Willow Tree Ct. Lot 4 Block 2 r---I 3109 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 I 1515 Willow Tree Dr. Lot 11 Block 2 Iv- , 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 V-)0JJAD - 1548 Western Willows Dr. Lot 18 Block 2 4 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 w 1500 Western Willows Dr. Lot 24 Block 2 ea&4&n'f—YdK 1501 Western Willows Dr. Lot 15 Block 3 ' 1509 Western Willows Dr. Lot 16 Block 3 f� 1517 Western Willows Dr. Lot 17 Block 3 '1 Coif jt 1525 Western Willows Dr. Lot 18 Block 3 7T533 Westem Willows Dr. Lot 19 Block 3 541 Western Willows Dr. Lot 20 Block 3 1549 Western Willows Dr. Lot 21 Block 3 4 57 Western Willows Dr. Lot 22 Block 3 'A 1601 WesternWillows Dr. Lot 23 Block 3 160q [.JtrsTErCnv W'i uw.�x DQ-� wr24 134ock3 DI,I ��.,511 952000.01897:933059.01 r s CITY OF FORT WORTH 1000 THROCKMORTON STREET •rr...,r+r+a 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: 1117812005 02:47 PM Instrument#: D205347849 A 9 PGS $44.00 I Illffll lIII VIII VIII VIII VIII VIII VIII VIII VIII Ilil IIII D205347849 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.