Loading...
HomeMy WebLinkAboutContract 32895-A1 r-t. Y c_ r9ETARY ni C®N i"r ACT NO. J 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 "Ci1y") 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 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 rr 1! ��1) u 2 952000.01893:933059.01 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. 14h-eK Section 13. Effective Date. This Agreement is effective on 2.2005. The City of Fort Worth:,Texas By. C. . Charles Boswell City Manager THE STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on the day of A 2005 by Charles Boswell, City Manager,on behalf of the City of Fort Worth, Texas. ' TTP: 'f Notary blic, State of Texas fy\ko��9_A- Marty Hendrix, Cthy Secretary e � HETTIE ` MY LANE . COMMISSIONN EXPIRES >, CF July 26,2007 APPROVED AS TO AND LEGALITY: ""4 ASSISTANT CITY ATTORNEY '?. 1'1 /-at Contract Autho ' zatio Date a� 3 952000.01897:933059.01 10/28/2995 17:18 8173928359 PAGE 87/15 nmWWmdfvo"ulp Mbw 0. b peMdbtiltf,UR �dc LC!Ur.e��c�rn tI N64SWfSter.r) Wi 1 IOW Spr�nc� W'�Owa Dr. Ranch F}�s1ef -rA 7 .- #fig _ r .M60 Pwwk pen.elb 111 i pnoidbyjwmw b=a pmmd b eM of Ate tieeieat�rlYet.r�w�bdnwbtit petaawrewamte. eebladbttirwi�if:nrfne.taad aelwfM�tdbrAeet 4 ar etia wnmrdi.�.Ytitear tiR aotieelfed e.pdq�ad Ant by MY or Ser dpgm m►Ar inrMeft do punk or an awwwo kwotwm&Amps"MM4 afeaA d Ate ifeMMfst l bob oybmd mdafeY amL TRACEY STERNER ARY PUBLIC.STATE OF TEXA MY COMMISSION EXPIRES uo14,2006 11.eet On.wr h.�4 prphliR 44 Diet 01, "OMA � bpi.Mw�Megwi—mib be 1Mifoa.b eoe agowd b ws as be Anon fen. bAmnidimMrrimeat..d aAeaa�Aedlei b ns Atat he or doafewlN AM afu.is tiffs or tier oet.dgs aad Amt bj tibe ar Mer *NO=d U.b ommo On pm=,or Ars aft qm tiehKaif b M No petm mM4 feeeated do bNO ML MM.afti mytied ad offAW mL irtoler7>irllie WCaMbe Mmohmc 4 4 952000.01897:933059.01 10/20/2005 17:18 8173928359 PACE 08/15 Faebt A A paod of WA being a p rdM of Willow Springs Ranch. an additicu to TWm1t County, Tana, soc o m ft to plat reocede 1 in C.abiud A.Slide 8423,of the Flat Reoads,Tarrant County,Tana,being all of Lots 1 thto*8,Block 1,and all of Baxt 2,and all of Lola 15 thtough 24,Block 3,all of Willow Trsa Drivej all of Willow Tree Conn,all of Willow Ranch way.and all of Westem willows Drive,east of do west line of said Lot 24,aaootding to acid plot,and bdog mode pirticalarly dcsoribed by metes and bomb a foBD*% BBODMKO at the northeast nae=of said Bleak 2,also bong the mtaaeetim of the south rlghtof�way of Avondale Held Roa4 and the wed right-o�of Willow Springs Road; 1'13 O CE with add wad do"f-way,South 00 degrees 06 minutes 47 mm&West, 1051.73 feet,to the southead cam of said Lot IS; THENCE:the l6llaWAS courses and didanom with the south Boss of said Lott 15 through 24; South 81 dagress 56 muhmstom.16 s,-i-Is Wak 101.76 floes; South 67 dspas 09 mbAn 33 monds Week 141.94 Leet; South 61 degrees 55 memtm 10 swards West,363.99 feet; South 72 degrees 06 mimnes 05 seconds wet,306.07 feet; Sam 88 dap m 07 minutia 36 seconds west,212.05 het, and South 78 Groes 09 minuta 55 seconds west,444.75 Beet,to the southwest corner of said Lot 24; THENCE the filbwing couraes and dWmm with the west lino of said Lot 24; North 33 depea 31 eeioenmes 03 saocetia Woo,162.00>&et Norm 25 d m 59 minixim 50 aaoonds Wak 126.42 flees; and NORTH,at 98.00 fest,peas the month right-0f--way of acid Womm,Willows Drive, in all 148.00 feet,to the north TWK-of-way of said Wa n Willows Drive,and being in the south line of said Lot 8; TTTSPICB:with said north rWof�way,and said forth Hot,West, 114.50 foes,to the southwest cornu of said Lot 8; THENCE:do fonowing couna and distances with the wet lion of said Lots 1 through 8; NORTK 245.78 feat.to the moemweet comer of said Lot 7; BAST 29.45 feet,to the southwest om cr of said Lot 6; NORTH.303.06 l6et,to the nosmead cornet of Lot 11,to said Block 1; WEST 29.45 tat,to the most northerly soumorest oom[t of said Lot 3; and NORTH,312.03 Leet,to me nordprW mm of said Lot 1,and being in said south right-of- way of Avondale Hamlet Road; T1EiCE: with said south right-of-way of Avoodde Haslet Road North 89 degrom 26 maim nes 23 mous s Bad, 1743.26 Lest,to the PLACE OF DBOINNM, and containing some 51.3 acre of land, mese or lens. 5 952000.01897:933059.01 ' l 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-l. 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 (`Ilk IZuK-"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 C1 u 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 l OO 13100 Willow Tree Ct. Lot 3 Block 2 13108 Willow Tree Ct. Lot 4 Block 2 141,-. J--�--- r 13109 Willow Tree Ct. Lot 5 Block 2 .j1�^ 13101 Willow Tree Ct. Lot 6 Block 2 - 1516 Willow Tree Dr. Lot 7 Block 2 JJ 1508 Willow Tree Dr. Lot 8 Block 2 1500 Willow Tree Dr. Lot 9 Block 2 SCL" \ �— 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 i 1545 Willow Tree Dr. Lot 15 Block 2 V � 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 ell � � — 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 ' 1509 Western Willows Dr. Lot 16 Block 3 J�J 1517 Western Willows Dr. Lot 17 Block 3 1525 Western Willows Dr. Lot 18 Block 3 a - - _—�--- 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 1557 Western Willows Dr. Lot 22 Block 3 1601 Western Willows Dr. Lot 23 Block 3 /bog L,, Es-rcR v uv q..,x DA-- wr24 SLock3 7 952000.01897:933059.01 f 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#: D205347835 A 9 PGS $44.00 Y' I IIIIIII IIII VIII IIII VIII VIII VIII VIII VIII VIII IIII IIII D205347835 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.