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HomeMy WebLinkAboutContract 32895-O �LAOT ORETARY �ON1'RNO. 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: a +Pr6�UG:�f1 U EK. f 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. Coil 21P 0 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 &- � kms/ 5.2005. The Ci f Fort Worth:,Texas By. Charles Boswell City Manager THE STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on the 7;0 day of 6v , 2005 by Charles Boswell, City Manager, on behalf of the City of Fort , Teras. ATTEST Notary Public, State of Texas Marty Hendrix, fty Secretary APPROVED AS TO FO MIA AND LEGALITY: ASSIS AN CITY ATTORNEY P71- 1L�a�3011 - Contract Au horizCNt on Dat@ 3 W- 952000.01897:933059.01 10/20/2005 17:18 8173928359 PAGE 07/15 �iCiY*d 6avot4k 13ES Wi lllyw i (+ 5 D' `►`G�i�'�1 tNiSI� ,TX P►cr.K /'�r1u,tl� l n pwxnaft kc Eacd+ p.aoidly bwm as m or pvwwd to m.m 0w Iw..t.�ohei..iduar a tie passe i.wsw. t�ssriiad b Now"iaaru.aa'ad a�iwsals�et b>r V M a�.amsesd>r MM is W er M araheeised upadqand 00 by his or ber a�Mtu s #MPKIW4 a fm sot ""bdkdfofmbm Awpanoa MIK a comm ahs iw*wmmL TRACEY STERNER Wdvxu my hand nd oAld I sad W, RY PUBLIC,STATE OR � � IIM COMM1SSOON EXPIRES dirties01� ilk 14,2006 P�Md vwaws ►A1rb ��W►��>N.et sao .a appm baowa b M Or pto ad b ms as 69 bai of to be 16a PON=wbae a to to wi&ia brataa.st asd adwswidpd w aae Art he or As momud aha a is iib or br apwiax aad 69 by bb or bar spa sour as r isrlt aha pwna,or dw=*yes badf olrhik 1b prion acted,m wssW Ass ,unseat. Wiftm my hod asd offidd ad �1 TeMlk bb Ca■aiseies aspMw: 4 if 4 952000.01897:933059.01 10/20/2005 17:18 8173928359 PAGE 08/15 ZA"A A pmW of had, being a portion of WVlow Springs Rwrk an add[tlm to Tartans Canty, Tenors, scoot 9 to plat receded in Cabinet A.Such 8425,of the Plat lteooWd,Tarrant Coady,Tams,being all of Lata 1 throogb 8,Blooit 1,and all of Bkmk 2,and 0 of Lab 15 thrao 24,Bleak 3.aD of Wi11ow Tres Drive;all of WM w Tree Coact,0 of Willow Rauch Way,ad all of Waian willows Drive,seat of the woo lino of acid Lot 24,aoom ft to said pilar,and bels move pa*Wwly daan'bad by maw and boueds s follows, BBCl1NNM at the nm*"soma of said Block 2,also being tho idwsoction of the sotob rl -of-way of Avondale He"Road,and the wet rlok f-way of WMow Springs Road; '1DiCE:with sold waat rW-of way,Seeb W dW=06 minutes 47 seconds Wast, 1051.73 Leet, to the southeast caw of soil Lot 15; TSHVCB:the Mowing couras and datanoae with the south limes of sold Lob 15 tinuth 24; South 81 degrees 56 minors 16 smon&West,101.76 hat; South 67 dagimi 09 mkdm 33 moods Wast.141.94 feet; South 61 degree 55 minutes 10 seconds Wast,363.99 feet; South 72 depress 06 ur1 - 05 seom&Wast'3KO7 feet South 88 degrees 07 minuls 56 m m&wast,21205 het; and South 78 degm 09 mhutm 55 asoor to wast,444.75 abet,to the southwe#Dome of said Lot 24; TF113TTC8:the Mowing coons and dbtmoes with the wast lata of said Loc 24; Nor*33 dopes 31 minft 031 ,r 4s Wat,162.00 bet; North 25 dopes 59 mhtals 50 sondes Wast,126.42 hot and NORTH, at 98.00 feat,pass the swath 00"-way of soid Western Willows Drive, in all 148.00 feat,to fire north right-of-way of sold Weston Wilbws Drive,and being in the aaRh line of said Lot 8; T WiM with acid norm right-0f-way,and Bald nut llaa,Wet,114.50 feet,to the southwest comer of soil Lot 8; 11EERM dw foIlowing course and distances with the wet lloas of soil Lob 1 through 8; NORTH,245.78 feat,to the norlhrraet comer of said Lot 7; EAST 29.45 fat,to the southwest omff of said Lot 6; NORM 303.06 ft to to ttroatbsst caner of Lot 11,in said Block 1; WEST 29.45 tbo4 to the moo nordOy aoat6nraat sonar of soil Lot 3; and NORTH,312.03 foot,to the notdris mm of sold Lott,oud being m said south right-of- way of Avandaie Huta Road; T*MNCE: with said south rift-of-way of Avoodab Haslet Road, North 89 degrees 26 mdn - 1 25 ae000nls Boot, 1743.26 feet,to the PLACE OF$>tt}INNM, sad ommining some 51.3 acnes of land, move or las. 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 13159 Willow Ranch Way Lot 1 Block 1 `1r �`�13149 Willow Ranch Way Lot 2 Block 1 G��kr13141 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 —13101 Willow Ranch Way Lot 8 Block 1 • 13148 Willow Ranch Way Lot 1 Block 2 13140 Willow Ranch Way Lot 2 Block 2 T 13100 Willow Tree Ct. Lot 3 Block 2 13108 Willow Tree Ct. Lot 4 Block 2 ti0 GU�'l,G� 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 osq R&7E S 1501 Willow Tree Dr. Lot 10 Block 2 1515 Willow Tree Dr. Lot 11 Block 2 1v �l7JG��4 JrkL a'J CIT, IN-1 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 1516 Westem Willows Dr. Lot 22 Block 2 1508 Western Willows Dr. Lot 23 Block 2 1500 Westem Willows Dr. Lot 24 Block 2 eAmbnA-S4�7r 1501 Westem Willows Dr. Lot 15 Block 3 n/ , I G` � ' 1509 Western Willows Dr. Lot 16 Block 3 1517 Westem Willows Dr. Lot 17 Block 3 1525 Westem Willows Dr. Lot 18 Block 3 7-M33 Western Willows Dr. Lot 19 Block 3 541 Westem Willows Dr. Lot 20 Block 3 1549 Westem Willows Dr. Lot 21 Block 3 .,J,/--1557 Western Willows Dr. Lot 22 Block 3 1601 Westem Willows Dr. Lot 23 Block 3 leooq bOSSI-FRew Leamaa7r,?4 Bwck3 +o 7 952000.01897:933059.01 CITY OF FORT WORTH g..i* • 3 ••_ 1000 THROCKMORTON STREET d•b •9*•• 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 D205347847 A 9 PGS $44.00 11111111 IIII IIIII IIIII 11111 IIIII IIIII 11111 Illll IIIII 1111 illi D205347847 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.