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HomeMy WebLinkAboutContract 32895-T �i /> �F 1 lJ: IryY�aS'S'Y 0 , AGREEMENT TO POSTPONE FULL PURPOSE ANNEXATION AND EXTEND LBUTED-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 for 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. '1 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 A�"- 1.2005. The City of Fort Worth:,Texas By.N"_�Q , Charles Boswell City Manager THE STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on the L-4 day of 2005 by Charles Boswell,City Manager,on behalf of the City of Fort Orth,Texas. ATTEST Not-,6y' Public, State of exas Marty Hendrix, ity Secretary e� HETTIE LANE MY COMMISSION EXPIRES *rr(®r July 26,2007 Aft PFR:):1PL-n AS Tn FO AN LEGALITY: ASSISTAN CITY ATTORNEY Date 3 952000.01897:933059.01 10/28/2805 17:18 8173928359 PAGE 87/15 WWWW�417AWMIN VMd9WvlftAd&=4f Oartaaa Rrlaay �Yaa,Uf,�•Haab DG�YI 5 ire,^ 151 We, willow 5)2nnys IluvJs ►�✓ R40cU) jai- asl ell- TX 1 052 iii"2 aa. �■ul � N�b'laasaa b aaa ar pvwd b M as w luau K oadinaw r paaaa wbaar,aaaar b as V"fiaalmmw ad aalaaraabd�aibttawbaaraM=@rod*@bbbabradmUalaa- 10,aHerrebylabarler damom w w baraaem 6apaaaa,w an su4opm bi![ahbiab w room A anaaalad w **WOOL TRACEY STERNER wira.ra aaybaad ad ollaid anL � „ TRAY PUBLIC,STATE OF TEXAS I+daq TAY COMMISSION EXPIRES ALGW Caeraiaiw aapir ] (V 4,2006 trabr Oaaws peapwy �bllaYia�Lt,t ial< �!1?�ht.�dl 15�(v 1��5'�rn VJ;hurt SPri�gqs � I�uS�Ct t?X �U d5 �I oc�Z 44-, p MWANYIvoaaaa b sae ar pavwd b ae a me bawls atria aef daaw b ti.6.}anwa awe 00000 Ti`— b tb wi0�inaaeaaraoa and awwldpd r ae 6s bs a<abs aaanlsd w saaa.b lis aT�sWw4%wad 00 by bb at ber dom an w owl w rasa,or M WAIV qW bdbdtahiblab 60 p WW SON4 MWNbd 6s ba"UmL Mlraw4lysaiaadaaaaaeL Rw'�A-i!;P' TRACEY STERNER NOTARY PUBLIC,STATE OF TE rlY� MY COMMISSION EXPIRES T 14 006 4 H s 4 952000.01897:933059.01 18/20/2085 17:18 8173928359 PACE 08/15 Zxb"A A pamd of bA bd*a pardon of Willow 9p&p Rmoed4 an additim fb Twtwit Co®ty, Tway, aco1t0 WPM-- 4-d in Cat&*A.Oft IQ-%of the;PW Room*Tanmt Coaoty,Tate$$,baog all of Lob 1 flame S.Block 1,mod all of Block 2,ad all of Lob 15 fhtsaeb?A,Bbot 3.all of Willow Tin Ddv4 aR of WMc w Tis Coats,on of Willow Ramp Way amd all of Wettm Willows Dtiva amd of ft weaer liec of aid Lot 24,a000rditg m rid part mmd braise mote pmefiowls*daan'bed by metro sad bucca&a tanow$, BB RgNM at flte nafteW corner of acid Biook 2,aW beme dw mtaeseetion of the voum dSM-ad-way of Avm"Hulot Ro4 ad the wet r> vay o(Wifbw Sp mp Road; THBNCB:wlm said waat r*W-of-my,South 00 degrees 06 miartes 47 ae000ds Waal. 1051.73 fast,to the saudwA caner of aaid Lot 15; THENCE:tho Wavog octan$$and&mmw with the wo&l;am of amid Lob 15 ftoulb 24; Sundt 81 dwm 56 mitmfn 16$ecce&WOK 101.76 ft 3am6 67 dwisi 09 mbuin 33 anon&WOK 141.94 far; 3atA 61 dW m 35 mimlea 10 recon&Wart.363.99 fist; 3vtA 72 depeer 06 er:mttar 05 seoco I watt,306.07 feat; 300h 88 diem 07 tmbu t 56$soon&Wast,212.05 bet, mrd Sotrth 78 depm 09 trtinutsa 55$moordm Wage,444.75 toot,to the sottehwset etorasr of said Lot 24; THl3l L-d a 6liawing 000rm and diKanoa with the want liana of amid Lot 24; Noem 33 doctors 31 mi um 03 sawed$Week 162.00 tlhet; Nam 25 d* m 59 min"50 mm&W40,126.42 fleet; sad NORTft,at 98.00 feat,pm the semi&r%k-of-way of said Watum WtMm Dnve, in all 148.00 fear,m the norm rfelrt-44 of amid Wastem WMm Driver mad being in the ws&Bien of said La 8; THERM whb acid north dight f way,mad said wueh 1ta,Wet,114.50 fent,to the so &PW oamr of said Lot 8; THENCE:dw Wowbg omm mad diatattexs wlm Ow wast How of odd I.d$1 ft ou&8; NORTH,245.78 fed.fo the aoeWtr W uaraer of ad Lat 7; EAST 29.45 met,to the son6w at own of aid I of 6; NORTH,303.06 toss,fo foen- A 1 1 casterofLot 11,in said Block 1; WEST 29.43 dart,to the mat mterky it,nib K cornet of aid Lot 3; and NORTH,312.03 hct,to the mrehwwt cocas of said to 1,mmd bme m said month ri W-af- way of AvarAde ffs"Romet; TMNM* wf* $aid south rlak-at+way of Avoodmb EMN 1tSo4 North 89 dear 26 attmssn 7.5 $coach BaK, 1743.26 fest,to me PLACE OF WORMING,and ooukd ft same:51.3 mcaa of land, more or bw 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 &4,-"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 � �J u 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 w�> 13108 Willow Tree Ct. Lot 4 Block 2 — r---13109 Willow Tree Ct. Lot 5 Block 2 � f •iT Ic..1 � ,�.lr�-- L r`. ti 13101 Willow Tree Ct. Lot 6 Block 2 -- AA, � c1 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 "'JL— Jz 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 na 1540 Western Willows Dr. Lot 19 Block 2 1532 Westem Willows Dr. Lot 20 Block 2 1524 Westem Willows Dr. Lot 21 Block 2 ell � — 1516 Western Willows Dr. Lot 22 Block 2 1508 Western Willows Dr. Lot 23 Block 2 ld � 1500 Westem Willows Dr. Lot 24 Block 2�4&n,(-.J V K 1501 Westem Willows Dr. Lot 15 Block 3 q �/ ` G' l 1509 Western Willows Dr. Lot 16 Block 3 gal 1517 Westem Willows Dr. Lot 17 Block 3 1525 Westem Willows Dr. Lot 18 Block 3 7:T:533 Westem Willows Dr. Lot 19 Block 3 541 Westem Willows Dr. Lot 20 Block 3 1549 Westem Willows Dr. Lot 21 Block 3 fc 1557 Western Willows Dr. Lot 22 Block 3 1601 Westem Willows Dr. Lot 23 Block 3 DQ- wT 8wck3 that c-��TEx.w �.�c.,�x l4 952000.01897:933059.01 s.:a cOU d_TT• + r �Y T � CITY OF FORT WORTH 1000 THROCKMORTON STREET T '�. .+• 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#: D205347842 A 9 PGS $44.00 By: 11111!11 1111!1111 IIIII IIIII IIIII!1111 IIIII IIIII III!!1111 ILII D205347842 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.