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HomeMy WebLinkAboutContract 32895-V - vc� cr- uo ic: oip r• •• EJCj�� 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 "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 513 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 fill-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: r ucL cc uo ic:map �-. - 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 frill 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. 2 952000.01 897:933059.01 uct ee u-z ie:oup p. iu 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, Effectiw Dote. This Agreement is effective on w' ` .2005. The f Fart Worth:,Texas By. Q he/ Charles Boswell City Manager THE STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on the l'qday of 2005 by Charles Boswell,City Manager,on behalf of the City of Fort Worth,Teiak. ATTEST Notary blic,State of Texas Marty Hendrix,Cio Secretary , �WY � HETTIE E MY Comm, ION EXPIRES July 26,2007 APPROVED AS TO FO X111 AND LEGALITY. ASSISTANT CITY ATTORNEY Coritr'ac� �u biz ti Date 3 942 1893 939 UU6 cc uo 1c: 0op r-. 18/26/2!85 11:18 6173948359 PAX 67/15 Record Name of Property owner Postal Address of Properly Lepel Descrlptlon of Property 6i nature Alamo Ventures,inc 13101 Willow Ranch Way Lot 8,blk 1,Willow Springs Ranch kasiei, Texas T6052 Addn.,Tarrant County,Tums er .3� -t pewhalUrLsaa 10 MW poew is as m*5 bm*sf M"antral nd iaw�Itss�rthesierorarii rrritWtiire�ande�ealdSaailhstyhlearher �Iea 6nwrraarat Mppea,er tiae�ll¢e/rtl tridfeteMr>b fapnoe eald aaewwd tare isrY�t V%wworbwd ada1W=LTRACEY STERNER NOTARY PUBLIC,STATE 0 TEXAS r� MY COMMISSION EXPI ES Wcanown `F` ItoleltebYe ?�t"oc AUGUST 14,2006 AD .. pe�arrl4toorrabrorporedb�eeoe We taxi w111aw b In M paaoq eaar b the�idrfa lsrtseeat eaa arNMd�d b are is>reer drwarwl6ir ena■w lira her d+.tae o�.eigK.aavt►rtde or by dpOm ea So' I 6n peoi,or doom*"bdMMONNA 69 preop MWA=MM t d rs law�wt. R9narr aphaai wrd ot�ral earl ltorr2lrlila 1�rCsrW��� a 4 952000,101897:933059.01 ucz ec uo ut: uup �• •r- 10/28/2885 17:18 9173929359 PNK 08/15 Z3kbk A A jmW of sad,being a paetlas of RSiow Spiw Runk m sifta to Tarot Gama,Tam, sem I anon rsoad I b Cd*m A.alae Ws,of aha blot llam*Tweet t7oomly,Teem,boring id of IM I*me*!1 No*1,and aft of ltlock 9.ad A ofLao 15 6WO 24 81ock S.od of WMW Tree Deis,all of Wflow Tree!Jami,on d Wisaw unch WV6 W aft of Wwtme Waves Fl R1%ant of As vest Him of maid Lot Zit,aoaordt S to add od,mad beams mots pesftasastpr daeaibad by weds m d BHOW4M at the sea11 -om m of aid Block;also brag dw adees"m of On aoeib,d#&o&wey of Avum Ws HWM Rook*add*wast t1oaf`vw d Wifbw apip Rad; TMMNC13:weft add west rl&4PAsd,Soelh 00 dapaa 06 47 so=&Wad. 1051.73 ho4 to ton s n*mA amen of add Lot t5; THIN=tleo tllotriits moots sed dlei ma aft ter moat hmo chid Lute 15 4est0 24; Sae$!ill dWw 56 mdmMn 16 mmeds Wall,101.76 Spot ttoolh 67 depmi09 odotM 33 womb Wok 141.94 hK 8smb 61 dorms 55 oimatm 10 now&Wal,39&"fat; Seem 72 4qp s 06 adv 1 05 aooede Well,306.07 beat Seel 89 aw"07 nimars 56 saooede Wast.313.05 fltet and South 79 dWme®etYezpms 55 womb Wet,444.75 lot,to tlw so*bwai aorear of Mid Lot 445 TiOD"-the Wowing aaama aeddhimms vii tlu vat gess of mU Let 24; Nat*33*Woes 31 often 03 sands Woes,laW OM ?ftb 25 demes 59 slmtes 30 esaoeAs%*126.42 flet sod NORTH,at 98A0 Am,9W the mash vW&dvq of aid Wom WUlava Dn%%is all 14LW fat,to the=6 40ro6wq of amid Woo=Wave Deism,and boas in the small,lie atsddLot f; 'eflNM with Saki aorlh rly><•aFWW,ad aid mob Vx^Wise,11430 60,to the soulwat oamr d mid To 9; TBEN Bt tis llawlog awns sed dieMoeoes wrYh tr vat flees of amid Lab 1 tleaegh 3; NORTH,245.76 Sitmt,b tloe emt6stat ooear chid 187; 13wad51be,totheaoa11 -oorsrtumid106; NM7R 300:06 sat,to do 611111"axon otLmt 11.i1 Wd Db*1; W193T 39.45 diet,to lite mast siortimrb'sseWasst axsr aeWA Lat 3; srd NpR'[A,312.05 float,to*s Ool*valt oarttr af amid Lac 1,ad brag io odd soa6 r1gt4vl� wy of Avadtle l�ialee 1pasd; THIMM vftb Mid moth rfsilmf-ar of A"E&b Hulas Road, 14x16 09 deems 26 zoom ZS aoomb Book 1743.26 fat.to tie l IACE OF DBOURIM,sad aanisking sae:51.3 setts of look ssaenorlaac S 95200021897:933059.01 V lr V L'� V J V l• 1 r Exhibit R 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 �l7ld � J�`:i�L�'•1• � 7�0 .. ✓1.c111 �'` t 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 G _ l 13133 Willow Ranch Way Lot 4 Block 1 13125 Willow Ranch Way Lot 5 Block 1 13117 Willow Ranch Way Lot 6 Block 1 C1 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 D 5L� � � 13108 Willow Tree Ct. Lot 4 Block 2 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 S 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 �rJr1545 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 4 1540 Western Willows Dr. Lot 19 Block 2 � e w 1532 Western Willows Dr. Lot 20 Block 2 1524 Western Willows Dr. Lot 21 Block 2 1516 Western Willows Dr. Lot 22 Block 2 A " 1508 Western Willows Dr. Lot 23 Block 2 1500 Western Willows Dr. Lot 24 Block 2 1501 Western Willows Dr. Lot 15 Block 3 ✓""V` G: 1509 Western Willows Dr. Lot 16 Block 3 1517 Western Willows Dr. Lot 17 Block 3 1525 Western Willows Dr. Lot 18 Block 3 7--,M33 Western Willows Dr. Lot 19 Block 3 541 Western Willows Dr. Lot 20 Block 3 t.l,( 1549 Western Willows Dr. Lot 21 Block 3 1,,4,1557 Western Willows Dr. Lot 22 Block 3 1601 Western Willows Dr. Lot 23 Block 3 /! sqb-)ESIE�w U-Yu.,.,x DP- wr241310CR3 7 952000.01897:933059.01 r ; 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#: D205347840 A 9 PGS $44.00 1111111 IN 1111111111IIIIIIIIII111111111111111VIIIILII IIII D205347840 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.