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HomeMy WebLinkAboutContract 32895-Y 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 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: Vap' 1: vTY ''��;'rfL' 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 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. Effective Date. This Agreement is effective on C/G f-Z ,.2005. The City qf Fort Worth:,Texas By. OR4�n� (2 , Charles Boswell City Manager THE STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on the Zb day of 2005 by Charles Bor*tff, City Manager,on behalf of the City of Fort Worth,Texas. ATTEST Notary Public, State of Texas Marty Hendrix, ,Secretary MY CpMMISS10N p RES Y 26,2007 APPROVED AS TO QTY: FO AND L �� � ASSISTANT GI ATTORNEY --awo- Contract t r' zatga Date G CSP �1p 3 952000.01897:933059.01 18/20/2005 17:18 8173928359 PAGE 87/15 smommelp"PWOF of Oaaraa fhapa* OAdMl %1^&it II��A �I.D• >�✓ lir, Tjr vs t prnaaalyr �d `, .� �Oiatwj►lrs�b ar ar pvwd b ar m i bai daairalar�aai a b/! /w awawa—`Ti a3aatlat b i wi�ia i�aaaaaaat aad aalwawaia�d bar it M Q�aaaaalaL i ar i bfa ar br aallMaalM aaraaigti aaii Haat y by ar br �a�M iaaraaaaat ilaewa�ar i aaMlqgaa iilfdiii i panor card,aaaanad i waa4�aaa. 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Notrrlrallia tbCariwiaa a�Maw 4 4 952000.01897:933059.01 10/20/2005 17:18 8173928359 PACE 08/15 IRlc�lt A A paod of b4 beln4 a PMOM of Willow Speinp Rao* an addition to Taettatt Comte, Teaas, aooa 9 to pint teacedsd is C bd A,SBas 64A Jibe 1W Ra xx* Tenant CamtY,Tana,bd nl all of Lab 1 tittao 8,Bbwk 1,and all of Mmk 2.sad all of Lab 13 tbaugh 24,Bla*3,all of WiOow Tri DtiVa,to of WBbw Tree Coati,an of Wt7bw RmA Way,sad all of Woom Willows Dave,cost of ft wat Nne of aid Lit 24,aoom tB to aid part.std b*g mote pe*alacfy daaibad by metas and boaads a ibaows, BBGROW40 at tits nort ma mm of aid Bb*2,abo being the mtaraeetbn of the wA rW*o&wsy of Avondale RWwt Rw4 and the west dght-ofway of Wllleaw Spmp Road; Im with said coat nIB - way,9oath 00 deg m 06 mllaAae 47 w=ds Wast. 1051.73 bice,bo the aoudwA caner of said Lot 15; 7»tho IOWminB ooarsaa and&mmaw with the Booth}iia of said Lab 15 tit mo 24; Samh 81 degrm 56 mmdas 16 aeaott I West,101.76 fibat; SoMh 67 dwo i 09 mbdw 33 sa000ds WaK 141.94 feet; 3wA 61 dWm 55 mkWn 10 m m&wait,363.99 Eisai; 3ov4t 72 dWm 05 ari 1 05 mach Wet,306.07 feet; scowl►88 dwm 07 mbatta 56 seootds wast.212.03 het; aid South 78 dgpo 09 ndntrtal 55 aeootds Wast,444.75 hot,to the aouthtvaet ooraa of said Lot 24, THENCM flee Wowing awrm and dietwm with dw wart lion of said Loc 24; Nath 33 der=31 tl in - s 03 sewn&Wel,162.00 ft Naib 25 d*m 39 mIWO 50 n mds Wat,126.42 f* and NORTH at 98.00 64 pm On soap tight-of-way of aid Weamn WOm Dover in aB 148.00 fast,to the a*&rig1R-of-wq of said Wam n WMm Dt m sad being m the eomh line of aid Lot 8; '1 U NM with said north right-of`way,and mW wash Nac,Went,114.50 lbet,to the Wuthwcot Casa of Baud Lot 8; 1IMCB:the fo8owing wzm sad dsta m whit In wast Imo of aid Iain I through 8; NORM 245.78 feet,to We naethwast ams of acid Lat 7; BAST 29.45 feet,to the soathwoat own of aid Lot 6; NORTH,303.06 hd.Iota meltsast otsmr of Lit 11,in said Bbcb 1; WEST 29.43 tact,to%c mat wrdta W sodbwaR comm of aid Lot 3; aid NORM%312.03*v,to the mrthwsst oamar of said Lot 1,and bamg in aid such rWd-cf- way of Avondale PAM Rand; TMXNCE: with aid swath r4 ft-of-wW of Avoodtb liaise Road, North 89 degtaa 26 miantes 25 womb Bat, 1743.26 lbet,to do PLACB OF BWV4N tO,sad mm 51.3 cocoa of Lnd, mare or las 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 §::��4)13149 Willow Ranch Way Lot 2 Block 1 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 � 13109 Willow Ranch Wa y Lot 7 Block 1 T+-13101 Willow Ranch Way Lot 8 Block 1 • 13148 Willow Ranch Way Lot 1 Block 2 13140 Willow Ranch Way Lot 2 Block 2 13 Ct.�'1F1,G8 100 Willow Tree Ct. Lot 3 Block 2 w,� , 4 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 1501 Willow Tree Dr. Lot 10 Block 2 1515 Willow Tree Dr. Lot 11 Block`2 1523 Willow Tree Dr. Lot 12 Blo k 2 '1 .:t ual'p us�e 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 4 it 1 15 0 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 1500 Western Willows Dr. Lot 24 Block 2 1501 Western Willows Dr. Lot 15 Block 3 G 1 1509 Westem Willows Dr. Lot 16 Block 3 w ( 1517 Western Willows Dr. Lot 17 Block 3 1525 Western Willows Dr. Lot 18 Block 3 . . acv _ lIM33 Western Willows Dr. Lot 19 Block 3 541 Western Willows Dr. Lot 20 Block 3 1549 Western Willows Dr. Lot 21 Block 3 57 Western Willows Dr. Lot 22 Block 3 1601 Western Willows Dr. Lot 23 Block 3 wEsT w', DQ-� wrZ 6lvck3 /G sT E,w u.�x 4 952000.01897:933059.01 iE �rt �e% N. F f ��ss ry 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#: D205347837 A 9 PGS $44.00 By: I1111111IlllIIIII11111IIIIIIIIIIIIIA11111VIIIVIIIINIIII D205347837 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.