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HomeMy WebLinkAboutContract 32895-X 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 "Lily") 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: {N J TY 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. 2 932000:01897:933059.01 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. Effective Date. This Agreement is effective on t/ 2`x,.2005. The Ci of Fort Worth:,Texas By. Charles Boswell City Manager THE STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on the /�j�l day of 2005 by Charles Boswell,City Manager,on behalf of the City of Fort Worth,T ATTEST Nota6 Public, State of Texas Marty Hendrix, Secretary �MY HETT�E 7-1E L LANE "y COMMISSION EXPIRES Y 26,2007 APPROVED AS TO r Fill AND EG-ALITY: ASSIST NT CITY ATTORNEY Pz- L03—O ut rizatioP Date 3 952000.01897:933059.01 19/29/2995 17:18 8173928359 PAGE 07/15 * FMW§EvinAd@Pmd �a wwr'N UR i Y.rt /SlA9le1F.SroggVLDr -r� as tri/vvs ,� .»-- ro q/a�ad ,�y laaaiayM�aaaa ata arpvad a r w i ii daaYAar�aaii�w tb M'r Mw+Arwirswe !d a i�wig i�uaa�rt aid aie�aeMe�ad a>..ii MQ eira ae��atii ara Y W etr Mar adwiaad aaAaaigti ad bee bf Mia ar Mr drealwa w i iue+aeeent ipatao�ar ieaMl�e*o bdlaKdiidt i TRACEY STERNER 4(&NOTARY PUBLIC,STATE OFTEXAMY COMMISSION EXPIRESWOW AUGUST 14,2008 14C�aaireiratiaa �`� r ftw oee�ws �� ��ea►1�. tai .a ■7 r- aAaar 17��a m a peowd b eua aw dy beab d aae�wM�w b ba 6a}�aan erar b 6a wi�Mi.iiau�ataoe aced .iwld�i a ete.6ee k ar�.eteaaaiad i eaeay is W ar i�r. aedd amps,aid Aye by his or Mer dpdm w i Yaamwe i pm=4 or i wft mm b warom 60 Pam NAW4 smoo d i inummu. �Plhaea eq Mod wd adyid ml. Mo1er�TaWo l*cam"a"pim 4 4 952000.01897:933059.01 10/20/2005 17:18 8173928359 PAGE 08/15 1 A A pool of lad, belt a pm*a of Willow Springs Ren ch. an addition to Tarrant Com, Taints, a0ooe a to pia nw- ' I in Cabioat A.SBds 8433,o[the Plot ReawWls,Trout C BOY.Tia,bait all of Leas 1 tiueagh 8,W *1,and A of Black 2,and ail of Lab 13 mtaadt 24,Book 3.aN of WMM Tres DrIm all of WMow Tree Coma,all of WiAow Reach Way.and 4U of Wasdern W lbars Drive,rot of fn wit lmc ofwid Lot 24,aooa I g t0 maid pint.and bait mage partkak*dnoriba'by tate and bounds a Maw% DBOD N)NG at be norftW comer of and Block 2,also,being the msssection of the sou&rlyhs.oi`way of Avm"Haslet Road,and the wast d* ) way of Willow Sp mp Rand; THENCE with said.wast tIyhaofAw,Soat6 00 degas 06 minartas 47 seconds Wast. 1031.73 fief,to the soathsast aorner of aid lot 13; THENCE tla Wowing coarses and dsbnos with the sou&limas of aaid Lob 15 O eugh 24; Saar&81 drgras 56 marts 16 seconds West,101.76&et; Baa&67 dmpani 09 mimmas 33 moods Week 141.94 hat; Soatit 61 doper 55 aim n 10 socands Wit,363.99 isr So*72 depwn 00,1i1e 03 seconds Wast,3!16.07 he; scam 88 dmgtaa 07 takaims 56 ms000ds Wert,212.05 hot,; and South 78 degree 09 eninntas 55 aeeonda West,444.75 heat,to the southwest cosier of said Lot 2A; THENCE the Wowing anew and distmmes with the wet lion of said Lot 24; North 33 dumas 31 tllmmtes 03 seconds Wee,162.00 liat; Norm 25 dapw 59 zkoes 50 semoods Wa4126.42 ft and NORTH,at 98.00 ism,pea the mom right-ofway of said Wetaa W61vws Derive, in all 148.00 feet,to the nor&40t of--way of sdd Wamtsn Willows Drive,and being m ala with line of said Lot 8; THENM whh said north dlght-of-way,and said swmh Nue,wit,114.30 ket,to the soa*wat camera of aid Lot 8; THENCE&e following ooermn end distances with&s wast Nees of add lob 1 tJwish 8; NORM 245.78 fad.to&e— d, - corner of aid Lot 7; EAST 29.45 Seel,to the wa6weat oorar of said Lot 6; NORTH,303.06 Ase!,10 the nomlheast Domer of Lot 11,in said Block 1; WEST 19.43 Are,tD the moat nortiterly soadbwrort caner of add L,ot 3; and NpRTH,312.03 h&,lothe mtl iwlmt mm of add Lot 1,and burg in rid mouth rWd of- way of Avomble ilmW Rad; THEICB: wt& said son*r*tbef-way of Awodete sales Road, Xor& 89 degteus 26 mtmmes 23 a ommis Bast„ 1743.26 feet,to tbs PLACB OF BBl}>ler1II4(i<,and contains same 31.3 save of land, more Grim 5 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 3141 Willow Ranch Way Lot 3 Block 1 G _ 13133 Willow Ranch Way Lot 4 Block 1 �yl 13125 Willow Ranch Way Lot 5 Block 1 13117 Willow Ranch Way Lot 6 Block 1 � 13109 Willow Ranch Way Lot 7 Block 1 1-'`--13101 Willow Ranch Way Lot 8 Block 1 • �7 13148 Willow Ranch Way Lot 1 Block 2 13140 Willow Ranch Way Lot 2 Block 2 T 13100 Willow Tree Ct. Lot 3 Block 2 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 - , J; , 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 2 1523 Willow Tree Dr. Lot 12 Block 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 ��-- 1516 Western Willows Dr. Lot 22 Block 2 1508 Western Willows Dr. Lot 23 Block 2 ` �w- - 1500 Western Willows Dr. Lot 24 Block 2�L ..J 1501 Western Willows Dr. Lot 15 Block 3 1509 Western Willows Dr. Lot 16 Block 3 �1 1517 Western Willows Dr. Lot 17 Block 3 Crew- 1525 Western Willows Dr. Lot 18 Block 3 i- J 7�,M33 Western Willows Dr. Lot 19 Block 3 541 Western Willows Dr. Lot 20 Block 3 ' 1549 Western Willows Dr. Lot 21 Block 3 vL..1557 Western Willows Dr. Lot 22 Block 3 1601 Western Willows Dr. Lot 23 Block 3 11�bq C.Jtz-Sl-&&v 14Y qa,,,x DQ- wrZ 4 810ck3 7 952000.01997:933059.01 .'.•ra.}y... ave � E CITY OF FORT WORTH ,L we 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 M D205347838 A 9 PGS $44.00 I IIIIIII IIII VIII VIII III„VIII IIII{Ilill IIID VIII IIII IIII D205347838 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.