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HomeMy WebLinkAboutContract 32895-J1 C c'1 _JJ_ CON FRAC r NO 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 "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: Cl,_Ililk'1 g�6u2 CITY 3)EC-Iffigy 9520 .01 ..Y v u.ffi VEX, 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. rr Section 13. Effective Date. This Agreement is effective on QCh kY ?2,.2005. The City 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 '^ day of , 2005 by Char er'ontbehalf of the City of Fort Worth, Texas. w n A TTF S T Notary Public, State of Texas Marr- ndt��Ci Secretary ��� �� MET7'IE 1° LANE MY COMMISS10N EXPIRES MY 26,2007 APPROVED AS TO FOAND LEGALITY: �L�ZA- %SSIS T CITY ATTORNEY 0- FRIAL HMO 3 ciff NEFMYRY 95 OOO.FQ$9NOl���j, 10/28/2085 17:18 8173928359 PAGE 87/15 W�GPIIMWPP*mo* 910010190FAMAddlow am� Plever1f o0owhlaa,kr&Mack �tndrety T.U�bxn iszs �e��n . U1��(ctr.��prir�Raul ��� W':ti�a. Dr• 0 A.646on F�as(et, Tx 9loS2 Bik.� Lct 18 '� .�.2+ ce eaapanoady #/mW, Q jL:o , +Vi �tcpwm*ilyiwmm bas or pvwd b w an be btair afwllir�ry r�iducaa b be •pewan aha*ran a adbd b M wi�ir iRatrroeat ead aalwrAa;rt to tea do M or*a amud to moss la W a ber modwi ed a pe ft,Mad Oast by We or ber womolove ft r inerrwawt Sepenaa,or r udigrpu beWf of WM*tb person*04 eaaabd the welr�aarnt. Whom my bud and o)ldal=LY STERNER PLOM STATE OF Nftp*rw w oommm ON bb agroc � (p y 14,200E t�wtat ow.are "wool Ammliw tlz beam b or}ry ma wd b mo an&a baala�irW�Maryegduoe b M 1M paou aar b the wi8ris iwirmnear aad ail�wAdpCd to ss Vat 1e a eb eraoiMad Maris bia er bar eepeft ad flat by W or bar slym lrr on r ieMnrMae On par,or do se ft"an beWf ot*M*dom parson aad,ereoatd re ireltaMt. i%mm oey hand aad oilimi ad. bbrCearieeiea e�iew: 4 a � 72; 952000 18 h , 10/20/2005 17:18 8173928359 PAGE 08/15 ZXbftA A psmal of hod, battg a portion of Wt7low SprkW Rmab, an addition to Tarrant County, Tronas. according to plat reca[deI in Cabinet A,Sbk 8427,of the PW Reooadh Taeant County,Tmm4 beaog all of Lots 1 8,Block 1,and all of Bkat 2,aid all of Lam 15 ftOuO 24,Block 3.all of willow Tra Dfiva,all of Willow Tree Court,all of WOlow Ran&way.and all of waren Willows Drive,sit of ere west lino of raid Lot 24,a000rfg to avid plat.and bdttS mete particalsdy dcowVx d by mets and bous6 as ibtlow% BBC3INNlNICi at the nartheit oorna of aid Block 2,also being the intamotion of the mWh rW-ofway of Avondale Haslet Road,and the watt risbt-of--way of willow SMW Road; THO CE:with said west rlgltt-0f way,South 00 dWeee 06 munnes 47 eecaods West, 1051.73 Poet,to the southeast corner of said Lot 13; TAENCE:tba tb Wwmg coarses and&mms with the south bus of said Lam 15 thtmo 24; South 81 degrees 56 minaft 16 uoads watt.101.76 hP4 South 67 degelo 09 meats 33 smon&West.141.94 feet; Soule 61 degrees 55 m6tuts 10 accede Wet,363.99 fest; South 72 degrees 06 a+iosaee 05 seconds Wast'306.07 fief; South 88 dwtes 07 mimics 56 seconds West,212.03 abet; and South 78 dqgteee 09 minttta 33 seconds Want,444.73 float,to the southwest oofner of acid Lot 24; THI NC$ the 4ollowing courses and theta with die wast ins of acid Lot 24; 140*33 de1,ees 31 mix"03 seeom&West'162.00 ft North 25 dates 59 tttfmW 50 m=Ws We0.126.42 fact and NOR1$at 98A0 fiat'pass do south ridge-way of said Western Willows Dfive, in all 148.00 feet,to dm north right-of-way of said western Willows Drive,and bemg in dm south Um of said Lot 8; THW4CR with asid north d&-ofwsy,and odd south line,weer, 114.50 fat,to the southwest oomef of said Lot 8; TEMNCE:the Soitow ing courses and distances whh da wet Bose of acid Lots 1 through 9, NOR7K 245.78 fit,to floe no tdrout corner of said Lot 7; BAST 29.45 feet,to the soathwcot Dormer of said Lot 6; NORM 303.06 Bet,to the tttstlteast cortex of Lot 11.in said Block 1; WEST 29.43 they to the moo t edu rly an A x at Domer of said Lot 3; and NORTH,312.03 hoot'to the nm ilm corner of aid Lor 1,and being in said mouthright-of- way of Avondale Resist Road; T11E4CE: whh sad south right-of-way of Avondsk Ruler Rao North 89 dewces 26 codan<tea 25 ascends Ease, 1743.26 feet,to the FLAG&ON MOINNIM,sad coaWning soma 31.3 acres of land, more or lea. 5 � ° 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 §:::`Y�4)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 _&E�-'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 2 100 Willow Tree Ct. Lot 3 Block 2 .- LI3 413108 Willow Tree Ct. Lot 4 Block 2 CU'1�'i,G 1 --- - 14 r J r---1 3109 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 Block °° �'Vf. PIN. 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 Jam- 1548 Westem Willows Dr. Lot 18 Block 2 � 1a 1540 Westem Willows Dr. Lot 19 Block 2 �( 1532 Western Willows Dr. Lot 20 Block 2 1524 Western Willows Dr. Lot 21 Block 2 �aaz�, ��� 1516 Western Willows Dr. Lot 22 Block 2 Ael� 1508 Westem Willows Dr. Lot 23 Block 2 7 1500 Western Willows Dr. Lot 24 Block 2 1501 Western Willows Dr. Lot 15 Block 3 . /` 1509 Westem Willows Dr. Lot 16 Block 3 j � 1517 Westem Willows Dr. Lot 17 Block 3 1525 Western Willows Dr. Lot 18 Block 3 ,a J--�--- 7-i533 Western Willows Dr. Lot 19 Block 3 541 Westem Willows Dr. Lot 20 Block 3 1549 Westem Willows Dr. Lot 21 Block 3 f �� 57 Westem Willows Dr. Lot 22 Block 3 1601 Western Willows Dr. Lot 23 Block 3 " �,jEs7-E,cv uyu.�x -- wDAr2 4 6lvck.3 . 7 952000.01897:933059.01 t y r R CITY OF FORT WORTH r 1000 THROCKMORTON STREET !''*� R +� 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#: D205347828 A 9 PGS $44.00 B • I/III II/III VIII VIII VIII VIII VIII VIII IIID VIII/III/III D205347828 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.