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HomeMy WebLinkAboutContract 32895-R u�t, cc uo ic:niP r, ,,, C€'i'Y SECRETARY �ONTRACT NO. AGREEMENT TO POSTPONE FULL PURPOSE ANNEXATION AND EXTEND L11MTED-PURPOSE ANNEXATION This Agreement to Postpone Full Purpose Annexation and Extend Limited Purpose Annexation (this "Ac ement") is entered into pursuant to Texas Local Government Code Section 43.127, by and between the City of Fort Worth Texas (the "Ce) and the property owners who have executed this Agreement as identified below("OwnM"). RECITALS WHEREAS, the City annexed an area known as the 287 Zane 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 M-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 ucL cc ua 1c: 00p r-. .. 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 G1. 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 SMALL BE A PROPER FORUM FOR THE DETERMINATION OF ANY DISPUTE ARISING HEREUNDER 2 952000.01897:933059.01 NX f � ucr- ee UM ie:oap p. iu �i ■rrra�i ire �irrrr�lrr��nr�i�r.�r�.wi���rwr� i���w� Section ll. 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. E,,B"ectim Date. This Agreement is effective on-b�—�— 2-6005. The City of Fort Worth:,Texas By.&�qJ� Charles Boswell City Manager THE STATE OF TEXAS COUNTY OF TARRANT This instrument was aclmowledged before me on the ,L_"t day of 2005 by CWes Boswell,City Manager,on behalf of the City of Fort W , exas.-- r ATTEST Notary Pu lic,State o Texas rm 1M Marty Hendrix,C' Secretary - ' COMMISSION EXPIRES. APPROVED AS TO ' j,,,� July 26,2007 B F=ORM AND r - ei ITY C:n— ♦irk s ■ - ASSISTA T TY ATTORNEY Contract orization Dato 3 942000.01897:933059.01 SS7 yf y�y,, 18/261"95 17:18 0173929359 P" 07/15 Record Name of Property Owner Postal Address of Property Legal Description of Property Signature Alamo Ventures,Inc. 13101 Willow Tree Ct. Lot 6,blk 2,Willow Springs Ranch Haslet,Teras 76052 Addn.,Tarrant County,Texas 2011, .. .al I sS . . 2r peaea--NJ hearaa leser proswl W me an M tw.rd.Mi.l.l�+�*�+yleM,�: .wa ta�..aii:erri.eaae.ad .iwlaW winedw he v+a.r.aat t eeoa initis ar bar adreaMad upegt4 sad dw by 6h or Ler e11�aAae�M#MswenatdMplHaa,Rtblwa14s;alael arY61M IYe laeatea�t nV% TRACEY STERNER NOTARY PUBLIC,STATE OF TEXAS Nolar�l'.btie MISSION EXPI S WCANed.100 4� AUGUST 14,2006 vwaid oew+ >�4 AaMI�Lb�t61sk .banire eSp yrisarftbaswa le eaaor paned lo mew+at �aaie ad swldarsw b U M raioq aeeer *60 eridria ierawess need aiwMsd6al r eae�Le�abs sesalad r ens.iA Lie ar 6ar.r�rieead eeN.r�,e.d76�br Lb sr hrr dipsim as aslaalrsesaae ria pawN or dr edp.p.b&ffor'W"dapnaon aged,meow dw laar..EL arNrw ta!head and oilliewl smL itb tarlaie..lt[e4.,__ 4 4 952000.01897:933059.01 uct ee u5 ul: uup p. ic � 1 ■ I � 18/28/2885 17:18 8173924359 PAGE x4/15 Rsh"A A paad of Imed, being m patdom of WBtow 9p&W Rsodi. sm addWas to Twut OvaW,Teas, aege I to on mmodd 1s Cd*d A.side 1425,of#m PW Ramose 4 Tweet t7au ft Taos,being @A of Late 1 threw A,Hlook 1,send dl of tllook 2.mod dl of Looe 15 thweg6 7A 8bsk>.mH of Wmaw Tres Dewe,alt of WMm Tama Qooey A of VUlam,Unch We y.ad all of Wesws Wfllnws Dein;=9 of the nest Use of said Lot Zit,ooaoldb g to said pot,mrd bolog man pale tly tleeoeIssl by atetw mtd boade m h2mus, 15BD1riB111io at the malbast censer of mid Hoo*2,.leo being the adermsclim of the poem rWvfFwiq of Awes"He"1o4 end the test dg A-GFvey of WMW ipsip Rm4 IIER 11:elm mid West dew-ago",Sang 00 dopes 06 smxrs 47 seosmds West, 1051.79 Ent,to i eonkspt oormr of mM Lot LS; THEN $An At 19mog oosw and Menem wlth do=4bn of mld Lott 15 Racuo 24; Sono 11 dww 56 miimts 16 u000b Walk 101.76 got; loath 67 dsgrwsi 09 sohnaw 33 moatb WOK 141.9/fhK sash 61 dues 55 olamts 10 moods Walk 3ti3.99 Ll% 3"72 degr aw 06 aeiaaaw OS mosdt Wmm,306.07 feet; sma 88 dwm 07 am"36 mom&wea4 21 Los fbat; mrd Bowh 78 daQ+OM®ntirmlea 33 srosrds West;,444.73 fiat,to the madmat corm of acid Lot 24; T148N(,'Bc the tftvioi noose esd di4eos wi119u wast lfsee a ertY Lot 24; Neem 33 a!4 31 ttdMft 03 won*Witt,MW frost; Norm 25 d W=59 slob 30 saondl W48%IN 12 fht: nod 11 MM at 9'5.00 met,Was!e=%A tb%Rf-wslr of sod Wears WeWm Dm%%Is all 14LOO feet,to do sor*40 o6way of said Wawa Willows DrN%and beteg In des soam fee of odd Lot 8; THROM wft nW sort tlgbmformy,ad odd eeeth h1%WMR 114.30 feet,to the aaumerat aemor of seed Lot 8; 1T18 M,ma lhiowing aataee ad Moment vM in went Mas of Mid Late 1 drouee 8; NORTH,245.78 fief,10tb watittoeal naso d said Lot 7; HAV?A45 fbsy 10 the aoa11 l oorsr of aaiiW 6; NOAT%3W4d Jbet,to the ttoel6tut aoasar dl of t I.k ssid Dlotk 1; wlesr 79.43 6rt,io ole moat aptlhat6r eosmwaat aomrr afemld Lac 3; and NgR771,312.051bet,b the ttatl>iwrlt atoar of Mid 1.at 1,send boeg n sadd eoe6 tigdFaf- wRy of AWeedsm iiwlat ReM '1 IM CE: WNh old molt+4g*40VvW of Mouble Unlet Hae4 1/orde 89 deaDtaw 26 mlemns Its s maeth Hot; 1743.16 fat,w the 1t7.AC13 OF HROIlH4 M,sad comisi.ing sone,513 wee of Led, laser tea S 952000.01897:933059.01 Yl Ir.q(,, r,_, V 4s\r L L V J U 1 • V 1�' 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 LotBlock 6 952000.01897.933059A t +MZ�� �17 6n 3 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 lt.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 x~``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 C.U'1�'l,Ge 4 13108 Willow Tree Ct. Lot 4 Block 2 - '---13109 Willow Tree Ct. Lot 5 Block 2 U 13101 Willow Tree Ct. Lot 6 Block 2 ynf ,L � 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 v' U 29 CITY 6 ✓ . 9520 897x933059.01 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 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 Ae� 1508 Western Willows Dr. Lot 23 Block 2 1500 Western Willows Dr. Lot 24 Block 2 1501 Western Willows Dr. Lot 15 Block 3 ` G'{ 7 1509 Western Willows Dr. Lot 16 Block 3 1517 Western Willows Dr. Lot 17 Block 3 or&�q AZI -1— 1525 Western Willows Dr. Lot 18 Block 3 7TM3 Western Willows Dr. Lot 19 Block 3 a 541 Western Willows Dr. Lot 20 Block 3 �(. 1549 Western Willows Dr. Lot 21 Block 3 Western Willows Dr. Lot 22 Block 3 1601 Western Willows Dr. Lot 23 Block 3 wTL 4 B loc)?3 7 _ _ 952000.01897:933059.01 r F L a a w CITY OF FORT WORTH *,. , , 1000 THROCKMORTON STREET 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: 11/18/2005 02:47 PM Instrument M D205347844 A 9 PGS $44.00 Y: I IIIIIII IIII VIII VIII VIII VIII VIII VIII VIII VIII III)IIII D205347844 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.