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HomeMy WebLinkAboutContract 32895-S 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 "gly") 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. Elective Date. This Agreement is effective on Gft1z-r --,1-'K,.2005. The City of Fort Worth:,Texas By. 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 .- 2 ATTEST Notarf Public, State of Texas r .�, Marty Hendrix, dty Secretary HETTIE LANE ✓S MY CO COMMISSION EXPIRES July 26,2007 APPROVED AS TO A!-%A A ��r1 A 1 ITV_ �V A SIU LEG t i _ ASST TAN CITY ATTORNEY —2L-aL� Contract Auth rizotiou Bit@ 3 952000.01897:933059.01 10/20/2605 17:18 8173928359 PACE 87/15 anmemmdfvfwwff F4M9WvkRAd&=dF O !use 1&10 c.lc 3 r. ANti,� Sa S-N lv,i,Lu�lr 1`�1jai, a(t� NitsC Fo_ 12�Ca�a�fi(��n , ..,r- s^ " . /, isPT T AY1n[L�t C. r.r1 N1mmb!.arpundbwm&0 t■b.twriln..iiw b M�.j�wa�wsw. "- logo W"eur+wue ad plbritIna d1.0mmmdm. Yhbalrarwisd 'fa amiArtybba bw a a�.inr�rrt rpm a r��4 lrnlf=is rme M iMMA.et777, wiln.at hnd r aeaY.wl. `""YVVZT RAMMISTATEM I1owe7�ilie 11�/d Oawa f1�1rr (�MlAMr.�4t,!1MMk 70 �Ywl/aw b 1M 1M 0�11'��b�e a powd b wa a Brt a�l■r.d.yNd r ae w k a�h.asi r ww war rr b�aigy �ld�ar 6c �a a M lrinuat!M�ar!s arb'�birfd�iiiah dw pw.on aad,w�whd is inM�awl. �VN�a 4 hod nd aaieid wL 1bcmm"m¢a 4 "Ir 952000.01897:933059.01 10/20/2005 17:18 8173928359 PAGE 08/15 It A A pond of Mad, baiog a pardon of Willow Springs Renck an adit n to TWMM Candy, Twa, aoaot a to plat teoaeds I in Cabins A,Uk 8423,of the plat Ima nk Taaant Canary,T®w,being all of Lob 1 threw 8,Black 1,amd all of Me*2,and aR of Lab 13 Ircuo A Blank 3,an of WMW Tm Drive,mH of WMvw Tree Coati,an of Willow Rmmb Way.mod an of Wedam WBlows Drive,mt of de wet lice of aid Lot 24,moca ft io odd plant,ad bdhd mane pattkoluly loan'by tmeI and boamds at hDows, BB(DeM40 at the ttotthemet cattier of aid Black 2,also being the losers cdm of the south rW-d-way of Avm"Hadst Rao and the west right of-way of WWow Spring R" '1'A114CR with aid wat r4 t-0f-way,Son*00 degrees 06 miarta 47 aoonds Wed, 1031.73 feet,to the soathast corner of aid Lot 15; IAENCE:rho browing ooaras and distmes with the sormh tram of said Lob 15 dnuglt 24; South 81 depeo 56 mitat1 16 seooeds We*.101.76 8det; Soedt 67 dtpwei 09 uhmM 33 moods We#,141,94 fent; Sandi 61 dep m 5S tante 10 seoands West,363.99 feet; Saudi 72 dep m 06 eriaatea 05 seconds Wet,306.07 feet; sand 88 depees 07 miculm 56 smoonds wet,212.05 tbet; and South 78 dW ms 09 mkvAes 55 seconds wast,444.75 abet,to the southwest toolaa of amid Lot 24, TMNM-the Wowing nooses mad diataooes with the wart linea of acid Lot 24; Nath 33 depees 31 mbAw 03 mm&Wel,162.00 ft Nand 25 dWm 39 Mims 50 acomde Wet,126.42 bet and NORTA, at 98.00 fat,pea the sae&tigb4of-way of said Western Willows Drivei in an 148.00 feat,m the Hath rW-9f-wry of aid Weston WMan skive,and being in the see&line of said Lot 8; THRNCE:with amid mrth r)&o& ,and Bald Booth lbl%Wet, 114.50 feet,to The soathwat cansw of mid Lot B; TEMCE:do Mewing ca rm and d done i with the watt lines of aid Lata 1 through 8; NORTH,245.78 faR,to the aced - corner of aid Lot 7; FAST 29.45 Amt,to the ma whnrest corm of said Lot 6; Nt7RTH,303.06 hA to the at ed 1 -caner of Lot 11.in aid Block 1; WEST 29.45 lem;to the mod nett aly acathwaet aeries of Bald Lat 3; and NORT1r1,312.03 feee,to the mtthwed oormr of aid Lot 1,and bamg in aid south rigd-of- way of Avondale FWW Rand: TH$14M wpb said mouth rightmcf-wq of Avoadab Haslet Road, North 89 degroes 26 adman 25 seconds Bad, 1743.26 feet,to the PLACE OF HSOMM,ad eaataimmg some 31.3 saes of land, mare or lea. 1p]� tlliJ�J 1 IIS '.��.✓J:U'�t ���d'a 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 .:Jyf 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 G l�li ,,K 3141 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 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 13100 Willow Tree Ct. Lot 3 Block 2 13108 Willow Tree Ct. Lot 4 Block 2 �k_ - , ,. J -� — r---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 ` ose�H C �`t)Sy,�1��— 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 1516 Westem Willows Dr. Lot 22 Block 2 1508 Westem Willows Dr. Lot 23 Block 2 1500 Westem Willows Dr. Lot 24 Block 2 1501 Westem Willows Dr. Lot 15 Block 3 .y 1509 Westem Willows Dr. Lot 16 Block 3 1517 Westem Willows Dr. Lot 17 Block 3 Ccnc� �t° 1525 Westem Willows Dr. Lot 18 Block 3 ,a J--�--- 7-T533 Westem Willows Dr. Lot 19 Block 3 541 Westem Willows Dr. Lot 20 Block 3 1549 Westem Willows Dr. Lot 21 Block 3 �L.1557 Westem Willows Dr. Lot 22 Block 3 1601 Westem Willows Dr. Lot 23 Block 3 leoOq L-JEsT UY AQ- W7724 6 LOCP 3 771 9n' c� ..�j7 i,c"Vi 7 952000.01897:933059.01 qq l i CITY OF FORT WORTH 1000 THROCKMORTON STREET ' �; �� «• 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#: D205347843 A 9 PGS $44.00 I IINIII IIII IIIA 11111 VIII IIIH VIII 11111 lllll VIII 1111{111 D205347843 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.