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HomeMy WebLinkAboutContract 32895-C1 Y `�r9ETARY r :CrI i-",�C r NO. cl��:2(UD 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 "Ck") 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 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 2,�".2005. The City of Fort Worth:, Texas By. Olaxtax, 6Z• gni&&ew Charles Boswell City Manager THE STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on the day of 2 2005 by Charles Boswell, City Manager, on behalf of the City of Fort Worth, Texas. _- ST Notary ublic, State of Texas MHETTIE LANE .. MY COMMISSION EXPIRES July 26. APPRBVB ^~A8 TO FO AND LEGALITY: ASSI A CITY ATTORNEY Contract u ho ization Date 3 952000.01897:933059.01 10/20/2005 17:18 8173928359 PAGE 07/15 f on.r. 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Noler7p'Mlio bbrCeei�ieeiee egdne: 4 4 952000.01897:933059.01 10/28/2885 17:18 8173928359 PAGE 88/15 ] xb"A A pamd of lend, being a pMOM of Willow SMW Ranch. an MOM to Tarrant County, Ta+as, aocoedatg 10 plat rucaat111 in Cabkd A.Slide 8425,of the Plet Records,Tarant County,Ta cts,being all of Job 1 through 8,Book 1,mind all of Block 2,ad an of Lata 15 thta*24,Bbok 3,all of willow Traa Drier,an of Winow Tree Coats,all of Willow Raoch way,and all of Wotan Willows Drive,cost of On wren lint of aid Lot 24,acoa ft to olid plat,and bdog more paftWwly dcMix d by nudco mind bomils m Nows, BBGRgNM at the north w corner of said Book 2,aLo being the intersection of the south tight-of-way of Avoodab Histol Road,and the west e4t-0fraay of Willow Springs Road; THENCE:with acid west right-of-way,South 00 degrees 06 nbutee 47 sands West, 1051.73 fret,to the southeast owner of said Lot 15; THENCE:the bllowing comm and dishmm with the south Imes of said Lots 15 0=0 24; South 81 degtrm 56 mitudo 16 secotda West.101.76 feet; South 67 dsgnmis 09 mmu*33 m000ds Wok 141.94 he. South 61 degrees 55 minutes 10 seconds West,363.99 feet; Sash 72 degrees 06 mmocm 05 seconds West,306.07 feet; South 88 degree 07 minutes 56 aeooMs West,212.05 fat; and South 78 deptnes 09 ntitmtm 55 seconds Wast,444.75 float,to the southwest comer of said Lot 24, IM4CE:the following causes and distmom with the west lines of said Lot 24; North,33 depeea 31 mimes 03 sen,m I Wak 162.00 fish; North 25 dW as 59 minutes 30 mm&West,126.42 fiat; mind NORTH, at 98.00 fest,pass die south rkW-of way of said Wotan Willows Drive, in all 148.00 fest,to the north rigltt-of-way of acid Weston Willows Drive,and bug in the south tote of said Lot 8; TFIENCE:whh said north rW-of-wsy,Wad said south line,Wren, 114.50 fat,to the southwest comer of eau Lot 8; THMCE:the fallowing cotaaas and distances with the wart lhtae of said Lola 1 through 8; NORTH;245.78 fad,to the miordz corner of aid Lot 7; BAST 29.45 fast,to the soat1twest omw of said Lot 6; NOR'I'Fl,503.06 feet,to the traath 1 1 mm of Lot 11.in acid Block 1; WEST 29.45 the;to the moot northerly southw omm of mid Lot 3; and NORTK 312.05 fee;to the nm diwwt omw of said Lot 1,and being in said south right-of- way of Avondale Fbdot Rood; TMME: with acid south right-of-way of Avondale Modd Road, North 89 dWom 26 ,x's 1 25 seconds Eaat, 1743.26 fed,to the PLACE OF BWDRC 4t}, aid oanbuing some 51.3 aces of land, mese a•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 V�g�5�7�7Jsl 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 CJ u 13109 Willow Ranch Way Lot 7 Block 1 13101 Willow Ranch Way Lot 8 Block 1 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 13108 Willow Tree Ct. Lot 4 Block 2 Ccho 14 1 J-- - r 13109 Willow Tree Ct. Lot 5 Block 2 N i �41c�t L�•1��..— L r`. U 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 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 Westem Willows Dr. Lot 18 Block 2 1540 Westem Willows Dr. Lot 19 Block 2 �(A 1532 Westem Willows Dr. Lot 20 Block 2 1524 Western Willows Dr. Lot 21 Block 2 1516 Westem Willows Dr. Lot 22 Block 2 1508 Westem Willows Dr. Lot 23 Block 2 1500 Western Willows Dr. Lot 24 Block 2 1501 Westem Willows Dr. Lot 15 Block 3 / J 1509 Western Willows Dr. Lot 16 Block 3 1517 Westem Willows Dr. Lot 17 Block 3 1525 Western Willows Dr. Lot 18 Block 3 .a --� ' 133 Western Willows Dr. Lot 19 Block 3 541 Westem Willows Dr. Lot 20 Block 3 1549 Westem Willows Dr. Lot 21 Block 3 ,1557 Westem Willows Dr. Lot 22 Block 3 1601 Westem Willows Dr. Lot 23 Block 3 L,c>EST Gv', DR- [DTZ B1vc?3 /G�1 6,cn► wux 4 7 952000.01897:933059.01 **s'a ar+rr e 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 M D205347833 A 9 PGS $44.00 Y: I IIIIIII IIII VIII VIII VIII VIII IIID(IIII(IIII VIII IIII IIII D205347833 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.