Loading...
HomeMy WebLinkAboutContract 32895-N C(-Y' SECRETARIf� CONTRACT NO. e, 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: 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. J Section 13. Effective Date. This Agreement is effective on C�I�P/� ZO ,.2005. The City of Fort Worth:, Texas 0 By. VOX� . 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, Tex . �� ATTEST Notary Public, State of Texas Marty Hendrik,"ft Secretary HETTIE LANE .y ,+ MY COMMISSION EXPIRES. r° July 26,2007 APPROVED AS ALITY: FORM AND LEG ASSISTANT ITY ATTORNEY lI C:olatract,CtIrn, o>a (77— Date 3 952000.01897:933059.01 18/28/2895 17:18 8173928359 PACE 87/15 FISMOPWIMAdbommof a f��fab pdMM,Ua,&ttlad� C�:t��C,NL /Paw,.c�c�J�1 BLDcK S , 1x 7�o i'i W,11 i &Z loll VC4 oar a y paamdly tspwMi ptow"y1tomit b w w pevwd to w m an u6 srovi.wy woman b panar www s loom wvwm are aab�aawMiyre b r rt low alta mmrld i aema Is war bar atrainad aapeft,and doe*bio w bar skma as m M inetnreme M patagia,w M aftwen babdferiieb rapers"aeons,a:awlld ra iralnramt. .nY TRACEY STERNER Wibmw oybmd and odeid awl. NOTARY PUBLIC,STATE OF TEX S �� MY COMMISSION EXPIRES �r�a T 14,2006 fold Oorats fe�b (Mdhlrea���peak nae .a imaara b nae a proved b ma on die ttaaie w Mar wiewaa b M 1M faraw noon within ieatnnnaoe and aalawlaepd b nae roe be ar a11a aaaoaaw r,wrae it Iia ar bar Iaapaeip�,and drat try hb ar har alparw m r iraraatmt IM tray ar rs mtlp�ttpaa bidf dbbiat tba pwsuK nand,anawled re inal�ammt. Wilaata oy hard and adi l am). Iidwy Pdlk bb Cane■iatien aapirw: 4 4 952000.01897:933059.01 10/28/2005 17:18 8173928359 PAGE 08/15 ZxWbk A A pwW of W4 bring a pW*n of Wellow Sp Mp Ranch, an AdMM to Tarter Coady, Taus, a000e a to plat 1- 1,1,d in Cabkd A.316 8423,of the PW Reoasds,Ta Tad Coady,Tawas,being all of Lab 1 through 8,Blank 1,and all of Bknt 2,aid all of Lob 15 throngh 24,Black 3.dl of WMow Tea Drive,all of Willow Tree Court,ail of Wi71ow Rauch way.and ali of Wesiem Wilms Drive,and of ties weer lint:of said Lot 24,acoadiig to did pK and being more pardoulody devoribed by metas and boaede ae follows, BBGRgNM at the notthaat aortia of aid Block 2,abio being the idumcdon of the south ri&-of-way of Avaodale llmW Road,ad the west bightway of wWow Springs Road; THEE:with did wast rW-of-wsy,South 00 degrees 06 minutes 47 seconds wast, 1031.73 feet,to the southeast Darner of said Lot 15; THENCE:the Mowing coorw and dnaruoes with the south Limas of said Lob 15 through 24; South Al degrees 56 rakrtta 16 eacotds We*.101.76 feel; South 67 dagrom 09 mobs 33 moods WOK 141.94 foot South 61 degree 55 maraca 10 moods War.363.99 feet South 72 degrees 06 m- - 05 seconds Wert,306.07 feet South 88 1 l 1,s 07 mhmtas 56 seconb Wet,212.03 lbet; and South 78 deveee 09 ntiittas 55 saoonds Want,444.75 Set,to the southweet ootaer of sad Lot 24; TBBNCE:the following coases and distmoes with the wast laws of said Lot 24; Nwth 33 degrees 31 minutes 03 second;Wast,162.00 het; Nates 25 d*w 59 tntOw 50 Man&WOK 126.42 Net and MR=at 98.00 fast'pas dee sadh rigid-of-way of said Wa ra Willows Drive, in all 148.00 free,to the myth d&-of--wry of did Western Willows Dewe and being in the south lira of said Lot 8; THENCE.with avid north rfght.of-way,aid said south line,Wait,114.50 foes,to the southwest omw of said Lot 8; THENM dw following coutsas and dislanim with the wast Ham of said Lode 1 through 8; NORM 245.78 fest,b the an 111- crier of acid Lot 7; EAST 29.45 feR,to the soathwast corm of aid Lot 6; NOR ll,303.06 tier,to the a r d-,asI Mw of Lot 11,to said Block 1; WEST 29.43 fhet,to the moat=ftrb'sornhwat comes of said Let 3; end NORTH,312.03 loot,to the=&wet corner of said Lot 1,and berg ii said south r*bt-of- way of Avondale>EluW Road; THENCE: with said south right-ofnvay of Avoodde Kaalet Road, North 89 degmes 26 mrsubs 25 1 ,on Is Bast. 1743.26 feek to the MACS OF>3&i1NNM,and oonOtining some 51.3 acre of laid, more or low 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 L 13159 Willow Ranch Way Lot 1 Block 1 §=V&�4)13149 Willow Ranch Way Lot 2 Block 1 3141 Willow Ranch Way Lot 3 Block 1 13133 Willow Ranch Way Lot 4 Block 1 13125 Willow Ranch Way Lot 5 Block 1 l� 13117 Willow Ranch Way Lot 6 Block 1 C1 u Vit, 13109 Willow Ranch Way Lot 7 Block 1 —13 101 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 13108 Willow Tree Ct. Lot 4 Block 2 Ate--- _ r---13109 Willow Tree Ct. Lot 5 Block 2 13101 Willow Tree Ct. Lot 6 Block 2'101 - 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 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 1508 Westem Willows Dr. Lot 23 Block 2 1500 Westem Willows Dr. Lot 24 Block 2� q&nx-,,� % 1501 Westem Willows Dr. Lot 15 Block 3 1509 Westem Willows Dr. Lot 16 Block 3 1517 Westem Willows Dr. Lot 17 Block 3 1525 Westem Willows Dr. Lot 18 Block 3 ''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 C 57 Westem Willows Dr. Lot 22 Block 3 1601 Westem Willows Dr. Lot 23 Block 3 C-JES7-G7R v w'ao a 0- wrl 4 B LOC43 7 952000.01897:933059.01 rtlY r. L_-�pUAT r + CITY OF FORT WORTH 1000 THROCKMORTON STREET '* rrrrr9r 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 D205347848 A 9 PGS $44.00 1111111 IN 111111111111111 11lli Mil 1111111111111111111 IN D205347848 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.