Loading...
HomeMy WebLinkAboutContract 32895-D1 CCTV rRAC !,_ `. AGREEMENT TO POSTPONE FULL PURPOSE ANNEXATION AND EXTEND LIMITED-PURPOSE ANNEXATION This Agreement to Postpone Full Purpose Annexation and Extend Limited Purpose Annexation (this "Ageement") is entered into pursuant to Texas Local Government Code Section 43.127, by and between the City of Fort Worth Texas (the "gly") 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: a d 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 1611 tt s 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'12'jb--K 2--d',.2005. The City of Fort Worth:,Texas By. OQ- 9049 ./ Charles Boswell City Manager THE STATE OF TEXAS COUNTY OF TARRANT This instrument,was aclmowledged before me on theme_ day of 2005 by y c�City Ma*ggr,on behalf of the City of Fort Worth,Testas. . ` Notary Public, State of Texas w 1 fµY pk art I-i "' -` "y etidrlx, Secretary , �-�., , HETTIE LANE MY COMMISSION EXPIRES JUIy 26,2007 APPROVED AS TO FORM AN LEGALITY: ��� ASSISTA CITY ATTORNEY Contract A rizati a Date 3 952000.01897:933059.01 18/28/2885 17:18 8173928359 PACE 87/15 > 1 Ad&M Owls I�rb ¢ii�YM,La,�LOT- A) A) �G�CusCfr,� sE Ue��->S u;)c�.awSPA LCA c o 20 6,1 me a NaeYry PWWC,prmanany wwlal lsoaa b>M ar gvwd b ata ao tha hldr dalbiMllt wiiaw b ba pwa tthtwttta�la b M wilhia iallnwrt ad aiar�lr�dtssrrbeer dwrrardde/latkbkrbrrMwdowd adforbfbbarbor tl�lwa a Aa inlrawnl thaplewb r M aatlq�ap bthtif d�hidk Ave prria•aro ateaMd M wig ovot pUN JOHNSON MY COMMISSION FXPI taw Oarrs waprb W h v 1^& t1paaty Ola b m a proved b ma a Oe hada d Iq wNnaa b 1�tta prloa auln b tlw wilti�ilatna+aot Mad aiw/a�ai r as tilt be r dw wwMM tba atwa i 1Yia a trar a aefad oapaatgs aad flat br Li/ar it dpdm a Oa hllrlraat dw pawn,or do atd*wm bduffer'W dk dw pwaoa so"aawlod dw bdiumu. WIN=ty had ad uScW mL NobTp%W bbCeiwtdlllaa atpMtr 4 4 952000.01897:933059.01 10/20/2005 17:18 8173928359 PAGE 08115 1 A A prod of Lmd, being a pm*n of WMaw Sleiop Rmock an Wdbm to Torrent Commry, Taus. aootm I s to plat teoordmd in Cmh A,Silo 603,of the PW Raoadr,Tarrant Canty,Taus,bang alt Of Lob 16000 8,Bbak 1,and rM of HImA 2.rod aff of Lob 15 mtottgh 24,Block 3,aff of Willow Tas Drive,off of Wffbw Tree Coot,ail ofWi Rook Way,and all of W40 m WBbon Ddve,ant of tie wet lice of said Lot 24,atomft b said pink and bdng mdse patlwltfr dabbed by rose and BBGBgNM at the:nottbow own of aid Block 2,dw be6tg the iooereectior of the amth r4g-c`way of Avcod le Hamlet Roa4 and the wrest tight ofWm of WUbw Springs Road; 7H1MCE:with acid wast tlght-of-way,South OD dW=06.dentes 47 seconds West, 1051.73 bet,to the southeast comer of aaid Lot 15; MOM the Ltllovhq coa'ae and dimtaooss with to south Imes of said Lott 15 thea*24, Saadi 81 de rem 56 offioias 16 seconds We*.101.76 feet; Seam 67 dspai 09 mWalm 33 man&Wos.141.94 feet Sowh 61 depeas SS toboom 10.cards Wank 363.99 fit; Sado 72 4epeee 06 , - I OS seoat I Watt,306.07 rose; Soo&88 Up 1-07 tninolet 56 acdods wan,212.05 het; aid South 78 degrees 09 tniraaee 55 teootda West,444.75 fleet,to the southwest Domer of sod Lot 24; TH18NM-the Wowing coursas and&stances with the wast limas of amid Lot 24; North 33 depees 31 mbmft 03*saw ds Woo,162.00 ft Norm 25 depea 59=kMu 50 seomdt Week 126.42 ft and NDRTB.at WOO foe,pan the nofh 0gLt44my of acid Waatam Willows Drive, to aU 14&W feat,to the north eW-of--way of add Western WMm Drhq and bang in the mu i Hee of said Lot 8; '1'MCR with said math rig6to&way,and said south Hn%West,114.50 Leet,to the soothes st corner of ssW Lot 8; TEMOM the f Alowbg octans and dLtmam wkh the wast Hues of maid Later I dueush 8; NORTH,245.78 feat,to me aosthwaet career of aid Lot 7; EAST 29.45 feet,to the soathwast occur of said Lot 6; NORTH,303.06 Leet,to the nordno mm ofLot 11.inn said Bkxk 1; WEST 29.45 lbo4 to the most northaly ern othwa caner of aid Lot 3; ad NORTH,312.05 foo,to the northwest corner of aid Lot 1,and bans is said mouth rigid-ef- way of Avendate lrlmdat home; THWIM wkh aid mouth rivet-afjway of Amaudds Hake Road, North 89 dellmal 36 mhada 25 womb Bas. 1743.26 Len.to the PLACE OF OBOORi M,and caQt b ft same 51.3 odes of land, nmm ar ka 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 f 13159 Willow Ranch Way Lot 1 Block 1 Com' §::`'1r �` )13149 Willow Ranch Way Lot 2 Block 1 `�Ik G�"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 CJ 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 T 13100 Willow Tree Ct. Lot 3 Block 2 4 13108 Willow Tree Ct. Lot 4 Block 2 — ,� I r J r 13109 Willow Tree Ct. Lot 5 Block 2 13101 Willow Tree Ct. Lot 6 Block 2 -- �j,t/� yn,✓, 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 ko 1545 Willow Tree Dr. Lot 15 Block 2 1553 Willow Tree Dr. Lot 16 Block 2 1556 Westem Willows Dr. Lot 17 Block 2 1548 Westem Willows Dr. Lot 18 Block 2 1540 Westem Willows Dr. Lot 19 Block 2 1532 Westem Willows Dr. Lot 20 Block 2 1524 Westem Willows Dr. Lot 21 Block 2 1516 Westem Willows Dr. Lot 22 Block 2 Ajl 1508 Westem Willows Dr. Lot 23 Block 2 .�, 1500 Westem Willows Dr. Lot 24 Block 2�� V 1501 Western Willows Dr. Lot 15 Block 3 r,� 1509 Western Willows Dr. Lot 16 Block 3 � 1517 Western Willows Dr. Lot 17 Block 3 4. Cc.,,�,�w� a t°-►v 1525 Westem Willows Dr. Lot 18 Block 3 ,-1 - J--�--- 7IM33 Westem Willows Dr. Lot 19 Block 3 541 Westem Willows Dr. Lot 20 Block 3 1549 Westem Willows Dr. Lot 21 Block 3 d4,u k—&(/J'L1557 Westem Willows Dr. Lot 22 Block 3 1601 Western Willows Dr. Lot 23 Block 3 /Lob9 [A-)ESTC'a.N UY Qa,,x Da- wr24 Bloc-P-3 7 952000.01897:933059.01 ts.awt+ti 4% t�h �• 4 ; CITY OF FORT WORTH 1000 THROCKMORTON STREET ''�� « •t+ 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: 11118/2005 02:47 PM Instrument M D205347832 A 9 PGS $44.00 By: I IIIIIII III)VIII VIII VIII VIII VIII VIII VIII VIII IIII IIII D205347832 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.