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Home My WebLink About032895-U - Construction-Related - Contract - Douglas L. Teany 41CL CC UOQ 1 C:Ll f w 999 Lk- ,ONTRAC T A1C) �. AGREEMENT TO POSTPONE FULL PURPOSE ANNEXATION AND EXTEND LIMITED-PURPOSE ANNEXATION This Agreement to Postpone Full Purpose Annexation and Extend Limited Purpose Annexation (this "AM t") is entered into pursuant to Texas Local Government Code Section 43.127, by and between the City of Fort Worth Texas (the "CW) 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 hill 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 r ucz cc u;� 1c: Dap �. -. �YYYYYYYYYY�YIY� YYYIYY�i��r�lYiiYYY�YY � 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. 'vis 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,TERAS AND AGREE THAT ANY SUCH COURTS SHALL BE A PROPER FORUM FOR THE DETERMINATION OF ANY DISPUTE ARISING HEREUNDER. 2 9520M.01897:933059.01 r uct ee ua ie:mup F- au 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, E,Bectim Date. This Agreement is effective on ✓ ZY.2005. The City o-f Fort Worth:,Texas By. 0 44k 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 Wo ,T ATS- Notary Public,State of Texas Marty Hendrix, itySecretary HETTIE LANE MY COMMISSION EXPIRES July 26,2007 APPROVED AS TO FO AND LEGALITY: SSISTANT ITY ATTORNEY -- Contract Au Date 3 952000.01897:933059.01 "7 16/26/2005 17:18 6173926359 PAGE 67!15 Record Name of Property Owner Postel Address of Property Legal Description of Property Signature Alamo Ventures,Inc. 13133 Willow Ranch Way Lot 4,bik 1,Willow Springs Ranch Haslet,Texas 76052 Addn.,Tarrant County,Texas bWhm �w Pe nn"rbeam pryer potwi b me to M beft ofaeNdihe! +r in M�w. wr,ow .it b so wiiu s�r.e...err! .+.nd.rlptas..+w.rr.vri. +i....i.rh.r.► dhr,"de"bywar>k bra•�.ietetrowertt Mp1190a,w M.eM¢./r bi�l/e(i4firlr tbpr.ae aced,®ewMd tM tetr�.e. TRACEY STERNER V%mmrfrdend G"d swl . TARY PUBLIC,STATE OF TE S MY COMMISSION EXPIRES tW Catst.ire 1iotRl 14,2006 te.r.e owrn hop" N�+b�►Le. Ole mt_ .a ys�kaewe b serer pond b ner on� rnir of e�Yeew b 1s M lrrse4 �s w i b the widti bawwome and siOMe�rd r en�he er M�oeaelsd•tt amts w ltir a br a�isAad a�red0�rd>�bylds or her r•be ireYers tb pwR at 6smdt Wee bjft faCi"&fia ptry +sam4 zonabd be iurslnel. aibew>4hrdrduffik lamL llorylrilc l�bCa�erthe�;.- 4 4 952000.01897:933059.01 r ucz ec ua u i:uup 18/20/2885 17:18 8173928359 PAGE 08/15 1 sh"A A plod of Led, bd%a pan of WOW$prig liaerk as WM=tb?sunt CMdq,Toad ersoad s b Od 1.orad I b Ctb d A.Mb BSS,of#m MA Mance*?arnut Coady,9004 being 14 of Late 1*on*A.No*1.Cad all of Block 2.and CII of Lad 15 tbme*24 Blot S.A of WKbw 4m Dd%,%all of Wasw Tragi Court,a0 of Wdow Umh Wqk Cess dl of Wotees w mon 59th%ant of 69 wot lays of aid Loc art,aoaordila m oddOW,ad bab6 moa pettat"dee, I 'by me"ad boseade r hDows, B®t3Qis M st the axls11 -=am of add]stook;vim bm4 d■kAwv im of lbw we&eijWpo&way ofAvoadala Hm M Roa4 ad 6a wat d#$-oFwdy of WM w sipoip Rmd; T111»:wa A1d uW rW-o"b,9oesh 00 degas 05 asaeeas 47 aooade Wool. 105-1.73 fray to do scaftod=raw ofaM Lot U, '111111!108:tltr 611vnft cow=ass dM ms wftle do mok lien of ald Lob 13 6l+o O A 3at$11 dopes 56 mists 16==&Wary 101.76 htr SM*67 dopes 09 mb UM 33 mm*Wray 14194 h1t 8amb 61 dWm$S micas l0 moorde 1Vmc,363.99 W4 9"72 dopes 06 milds OS amode Wel,306.07 beer sobs 88 dew"07 sties"56 mom,&woo 212.05 ha; ad Korth 78 delueat 09 w1Ys1"55 sa000s Wast,444.75 hay to sir aoatbwad ooma of sod Lot 24; T1UMR-do tftwim ooaas anddir4 %U dw weal Kum of mW 1424; Nets 33 duras 31 miiMa 03 womb W4A.162.00 fha, Nah 25 dipM 59 ctimts 30 ooaede Waa,126.42 fllK ad NORT8.at 98.00 hey gm 6e Cade i%$s4 wq of odd Wom Wt7latra Drnm61e an 14.00 fly to do mels dowof4ray of acrid Weam WOO Ddvq emd bdq it dr mu&Ge ofnk Lot B; TttM w8s said W&d*64fWWI ad sw aeath Ns^Waxy 114.30 60,to for aouhwot oomwof aced Lot 8; 'iTlit 4M,tlta f dowft am m aed diehreoae with the wmt bw of and Leta t Greer&%; I MIK 245.78 fret'loft aaflweat aaarr of mid Lac 7; SWM4560,101bea111 'oorarofnsid14%6; NORTK 3046 hey to the ao1"d aototr ori at It.6 aN B1o*1; WN31 19.43*ok to 6e most so%mt aoe6weet Comer efoN Lat 3; and NOR'1'A.312.00 ht%to 6t oatiw aemw of Aid Lot 1,and bead it odd wao6 rim waydAvotedeleltraaLalcoad; T1MAM wile aur aolb,r%P*c&wW of Avoubb Now 2=4 NO&19 Aepas 26 mbmts 23 ow m&Bark 17+13.26 fink to do Pl ACB OF OWDROM,Cad amlefift saw:51.3 acre of WK eaaearloa S 952000.01897:933059.0 i 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 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 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 I (� 13100 Willow Tree Ct. Lot 3 Block 2 13108 Willow Tree Ct. Lot 4 Block 2 � -13109 Willow Tree Ct. Lot 5 Block 2 13101 Willow Tree Ct. Lot 6 Block 2 -- 1516 Willow Tree Dr. Lot 7 Block 2 10- 1508 Willow Tree Dr. Lot 8 Block 2 -1500 Willow Tree Dr. Lot 9 Block 2 If 1501 Willow Tree Dr. Lot 10 Block 2 1i 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 1540 Western Willows Dr. Lot 19 Block 2 1532 Western Willows Dr. Lot 20 Block 2 1524 Western Willows Dr. Lot 21 Block 2 ��2-- 1516 Western Willows Dr. Lot 22 Block 2 1508 Western Willows Dr. Lot 23 Block 2 7 1500 Western Willows Dr. Lot 24 Block 2 1501 Western Willows Dr. Lot 15 Block 3 -Y G� 1509 Western Willows Dr. Lot 16 Block 3 .�r 1517 Western Willows Dr. Lot 17 Block 3 Ccnc� �° 1525 Western Willows Dr. Lot 18 Block 3 .a - - J--�--- l'M33 Western Willows Dr. Lot 19 Block 3 541 Western Willows Dr. Lot 20 Block 3 1549 Western Willows Dr. Lot 21 Block 3 G e W .].557 Western Willows Dr. Lot 22 Block 3 1601 Western Willows Dr. Lot 23 Block 3 /609 LJEST6ra► ayu.,.,x DQ- wrl4131vcY-3 952000.01897:933059.01 i�fF�^Ry°.{aay �lf CITY OF FORT WORTH 1000 THROCKMORTON STREET `+.,b. � •i' 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#: D205347841 A 9 PGS $44.00 B • D205347841 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.