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HomeMy WebLinkAboutContract 32895-Q 6��Tel:OiJTRACT 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 "01y") 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 fiill 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 is 2 9 RAL._ 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 k4"a►✓ L e 2005. The City of Fort Worth:,Texas p By. GSC Charles Boswell City Manager THE STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on the /D day of 2005 by Charles Boswell,City Manager,on behalf of the City of Fort Worth,Texas_ ATTEST No Public, State of Texas f_*'\0 LAA, W4- Marty Hendrix, CiPt Secretary IAV 4 HETTIE LANE f X1 MY COMMISSION EXPIRES 'far July 26,2007 APPROVED AS TO FO M AND LEGALITY: ASSIS7 CITY ATTORNEY Contract A rtxap>a Date �13J fS '" gni• ly '`;�';�` L�5r 18/29/29E5 17:18 8173928359 PAGE 87/15 r Arima Oarwa wwreb oddhbb%1^f lleee4 .►�-•�- A%j4&- _W4,03 011100 944910-1 _910-L X .Gl ,» -► 1 1 .1 ft jb brapvwdbwabo bnie 1tlYrin wiibw V }vera iorrsta la M wi6ip iaraaeut rd aelworbt�d�s r bat 1r.Q.r.....t 6....i W rr br rr6eelnd reyaeiq�rri bet by bie ar brr �a w 6.iowownt�}eoe�ar M rodq�e*ea biol[d M p�aoa 6, ieeellr•eaf. _ w V�myb d od aMM rer. 7 TRACEY STERNER 7. ( TARY PUBLIC,STATE OF TE XAS NdEyyo MY COMMISSION EXPIRES bbOswnierorrepitet C �? 0 AUGUST 14,2006 llrelrl Ulm 1Ma/eeyr �Ylwl 1�r,11MMk _ yattjanUllaewet b r a perwd b eeM a Bta 4r rt ieNin b ba 6a}�� rerb 6e widda inlaeeraaot and adl�wleyli fe as 1a ar eia rewaltd M reser la aroe�adgy aaL due by W w iter eipulen as 6.lowe�at dra/�aeet.ar is reolg�e*ea beiolfd•iiileh 6e p�aoa mled,raveled 6e �Vlroa 4 bd ad odor muL MorryP@M 1�Carnireloa re�Ywc 4 -IrL ?.I 4 952000.01897:933059.01 10/20/2005 17:18 8173928359 PAGE 08/15 ll5hiiblt A A paad of Imo brig a pWft of Willow Springs Rasa=, an addition to Turk Comely, Tws. a000r a to pith v 1 m 1,1e 1 in(abiost A.Slide 6423,Of 4e Plat 1Raowdr,Tamar County,Tahns,befog all of Lots 1 &vow*S.Sloop 1,and all of Ma*2,and all of Lab 15 mroa{h 24,Bbdt 3,all of Wisow hw Drirr,dl of Willow Tsar Comt,atl of Wow Rm xb Way,and*0 of Waerm Wilbws Drive,amt of On wheat>imre of aid la 24,soowdiss to acid pK and bdag mora patticNtuly daarg)ad by=oras end I ,h m Is as rdi ws, BB DeM40 at me normast cower of aid Bb*2,Woo bmg for iaseesection of the.oath righlofrwa of AvaA&H=W Ra4 and me wast floe-of-way of w=ow springs Rasd; THEME:with aid wat rlyhrof-way,sonrh 00 depm 06 minutes 47 smonh War, 1051.73 ibey to the soutbast armor of aid Lot 13; 1TH9ICE:tho Mowing oott and&Wmoa with the south few of said Lots 15 dwoush 24; South 81 dopm 56=mutes 16 aeaonds wet,101.76 feet; South 67 dspas 09 mi sda 33 ssowds way 141.94 foot~ South 61 daghass SS=mobs 10 m000ds wast,363.99 fat; 3oaoM 72 dep m 06 nhihoter 05 saoaodr Wry 306.07 feat; Saam 88 drgrwe 07 tnh►atas 56 now&wry 212,031ba4 and South 78&We"09 aainuMa 55 aaoonda wast,444.76 fleet,to the soutlswed ootaer of said Lot 24; THENCE:the Wowing ooaQsa and dist==with the wast Baas of odd Lot 24; N"33 dW=31 ntmesea 03 woods Way 162.00 ft Not 25 dspae 59 alo"50 moo&Way 12(L42 Ant and NOItTA.at 98.00 fast,psa the soots ri81r'of-way of aid Western Whllows Drive,in all 148.00 feet,to dW swrth sight-of-way of aid Wetaen Willows Drivg and bamg m do south Imus of said Lot 8; '1311ilNM with said north sight-of Y,sod aid soeth Hm%Wast,114.30 Bort,to lite souffiwest canRr of said Lot 8; THENCE:tits Mowing aeras and distmoas with do wast luras of aid Lots 1**ugh 8; NORM 245.78 feet'to the aorWwaet aaroar of said Lot 7; EAST 29.45&et,to the sca6m at oormr of aid Lot 6; NORTH,303.06 fx%to the aotthtast corner a(Lat 11,m aid Bloats 1; WEST 29.47 faek to tie mat northarly sa mt hwe i corner of aid Lat 3; @W NORTH,312.03 feet,to the nordm omw of said Lot 1,and bdug in aid mwA rWA-cf- way of Avondale ff 1 -Road; 7E1NCE: with Wel south rigbGcfw W of Avombb Hasiat Rad, North 89 degeoes 26 astnub 25 mooeds BNO, 1743.26 feat,to do PLACS OF 880DII4M,sod aoaa dying same 51.3 saw of lend, mope or lar . i 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 13149 Willow Ranch Way Lot 2 Block 1 J ►13141 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 ` 13101 Willow Ranch Way Lot 8 Block 1 �1 • �-7 13148 Willow Ranch Way Lot 1 Block 2 13140 Willow Ranch Way Lot 2 Block 2 13100 Willow Tree Ct. Lot 3 Block 2 l Q,VLa'i,C.� elt9tk � ,� 13108 Willow Tree Ct. Lot 4 Block 2 r---I 3109 Willow Tree Ct. Lot 5 Block 2 U 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 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 Western Willows Dr. Lot 17 Block 2 1548 Western Willows Dr. Lot 18 Block 2 namt Block 2 1540 Western Willows Dr. Lo 19 oc �If4�� 1532 Western Willows Dr. Lot 20 Block 2 1524 Western Willows Dr. Lot 21 Block 2 1516 Western Willows Dr. Lot 22 Block 2 Ae�4 1508 Western Willows Dr. Lot 23 Block 2 1500 Western Willows Dr. Lot 24 Block 2 1501 Western Willows Dr. Lot 15 Block 3 770 ��p ,.� 'M 1509 Western Willows Dr. Lot 16 Block 3 S ( 1517 Western Willows Dr. Lot 17 Block 3 1 Ccn�, 1525 Western Willows Dr. Lot 18 Block 3 71533 Western Willows Dr. Lot 19 Block 3 541 Western Willows Dr. Lot 20 Block 3 1549 Western Willows Dr. Lot 21 Block 3 fG c 4 f,1557 Western Willows Dr. Lot 22 Block 3 1601 Western Willows Dr. Lot 23 Block 3 [.JEST UY,OD,,,x Dk- wrZ 4 6bck.3 16 09 E� 952000.01897:933059.01 CITY OF FORT WORTH 1000 THROCKMORTON STREET r r Fri-..Fr+r 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#: D205347845 A 9 PGS $44.00 0000. I III III IIII VIII IIII VIII VIII VIII VIII VIII VIII IIII IIII D205347845 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.