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HomeMy WebLinkAboutContract 32895-K1 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: PI r�wftly 952 0.0[ 7 933Q 9 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 ORIC1IVA IREOV 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 D���✓ �'� ,.2005. TheCi f Fort Worth:,Texas By. Charles Boswell City Manager THE STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on the /0 day of 2005 by Charles BosweficV y t4anager,on behalf of the City of Fort Worth,Tzx Notary Pub ic, State of Texas HETTIE LANE Marty Hendrix, Ci ecretary ' ` MY COMMISSION EXPIRES July 26,2007 APPROVED AS TO FO"" A 11L EGALITY: ASSIS CITY ATTORNEY 3 952000.01897:933059.01 10/20/2005 17:18 8173928359 PAGE 07/15 AwM4FWWWWWAMrd Oeerw web Oddk o%1^i■ha lik 15-01 i,d . W,ODE mj� i,a WWi d pweoi-NjrLeeea b eee a5-peuwd b eeo m ad.w.ie�pel>e,.5-.l�a�wneadAe aeee Lt Lie�r ardwird eepeei�r,eei ae��or Ler ei�we w M iukrteeeex M pawn.a5-�e eeeYgrgea Li/ldaYe��epseoe aaeed,a:awled de i m*=M wYkeeKLeeti �M eeeL �Y TRACEY STERNER NOTARY PUBLIC,STATE OF TE S Zealee7)rebCe q5 MY COMMISSION EXPIRE a ST 14,2006 Ones* b �e1MuMeeer 4s,a!leek svi 11 rFr�9 ClJi l ou,r Sin:r`N�f / Lynglu 7�K (-41b s� 'TX '7 6a Z Lc� a m apeeewd a �,. � ��Ya.,,e. �t z•.�r• oee�111r kaoaa b eee Q peeved b en ae fbs ieeele sP adieees b!n 1Le eAare eer b Ibe niekio iseeaeeeot eod eeiee+eleyei ee m Im Le or*a own"be eeera'in We e5- aipedgy sed Sae by bb or kv e ea an feelewsot Ibe/sexy a Os eM1�e;as 1aeQ�fdeeLitk dss peon eeeed,eeewlod fTd iee>teeeewt. MMeeee mybmd ad m�eek �T�° TRACEY STERNER NOTARY PUBLIC,STATE OF TEXA LbCartreieel��� " f D(p Idole9pelYc {, ION EXPIRES 9�0F AUGUST 14,2006 4 4 95 �J51�i!�� lI TEX. 10/20/2005 17:18 8173928359 PAGE 08/15 1rsiBslt A A poor of lard, being a portion of Willow Spriap Rauh, an add%n to Tarot Carry, TvmN a000r a to pht teoa I,I in CAW A.Slick 8425,of*e plat 1Rao" Tatant Canty,Terra,bang all of LOU 1*mv*8,Black 1,and all of Bieck 2.and all of Lab 13 On m,0 A Block S.all of WIDOW The Ddm all of Willow Tragi Coat,all of WIDow R.rh Way.ad all of weseurn Willows Drive;eat of rite wear YmoP and Lot 24,aooadiaa m add pK ssd bdy mors pwdcd@rIy 11 l by males and bousda a lbilows, BBOIIdNM at the northeso aonaar of said Block 2,also being do' of the earth dghtof� of Avondale Hadet Road,and the west riW oRway of Willow Sp=p Road; '1'1113NC&with add+rat dSM-of-way,Somh W depma 06 tainvus 47 sande West, 1031.73 ha,to the ooadwA oatmr of aid Lot 15; 7TMM CB:tM f3llowin6 cosines and dio c s with the south tins of add Lob 15 Minto 24; South Al.depea S6 m*maes 16 seconds Wast,101.76&et; Sao&67 dWv4 09 milds 33 aaonds Wat,141.94 fst;t; Svabr 61 depaa SS mimes 10 aeeods Wast,363.99 faeK SuA 72 depers 05 , -1 05 scow I west,306.07 feat; Sooh 88 6WM 07 n bAW 56 MW6 war,212.03 fha; and South 78 degrees 09 mintirea 55 seconds Walt,444.75 fort,to the southwest coma of said Lot 24; TAENCB:the Mowing amus and distseca with gib west lines of aid Lot 24; Narth 33 1 pees 31 mionbs 03 aaom m I Wast,162.00 ft Nw&25 dgrws 59 mlmoss 30 se000ds Wa4126.42 fiek and NORM at 98.00 fed,pas ahs soak right. --way of said Western willows Drive, in all 148.00 fleet,m the north rigbtof-way of aid Western Willows Drive,and being in die,oath line of aid Lot 8; THENCR wNh said north righto&way,and said soeth tine,Walt,114.50 fed,to the wa*wat ccomw of and Lot 8; THENCE:tis following courus and disWtcet whit the west linss of said L b 1 through 8; NORTH,245.78 fest,to the aorthweet corner of said Lot 7; BAST 29.45 fact,to the sowkwat ossa of said Let 6; NORTH.303461hek to do 1 1 oomer ofLot 11,in add Block 1; WEST 29.43 fart,to the soot sbrda rly southwest oasner of add Lot 3; and NORIA,312.03 fee,to the noe0twest cams'of aid Lot 1,sad bolos m said south rigid-of- way of AvorAsk HWW Rand; TBMN wqi said south rigbvefawy of Avoodale Haled Rod, North 89 degt ,, 26 =%a m 25 040e0ds BOK 1743.26 feet,b do PLACB OF BBOINNIId(it,and some 51.3 saw of land, more or less. 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 6 952 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 //A I 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 o 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 13100 Willow Tree Ct. Lot 3 Block 2 �� 1 4 ,� 13108 Willow Tree Ct. Lot 4 Block 2 13109 Willow Tree Ct. Lot 5 Block 2 13101 Willow Tree Ct. Lot 6 Block 2 — - ,n , 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 �i 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 Westem Willows Dr. Lot 17 Block 2 � - 1548 Western Willows Dr. Lot 18 Block 2 1540 Westem Willows Dr. Lot 19 Block 2 1532 Western Willows Dr. Lot 20 Block 2 1524 Westem Willows Dr. Lot 21 Block 2 1516 Westem Willows Dr. Lot 22 Block 2 1508 Westem Willows Dr. Lot 23 Block 2 1500 Westem Willows Dr. Lot 24 Block 2 1501 Westem Willows Dr. Lot 15 Block 3 �/ ` G� , l 1509 Westem Willows Dr. Lot 16 Block 3 1517 Westem Willows Dr. Lot 17 Block 3 CerUuw� -w 1525 Westem Willows Dr. Lot 18 Block 3 .a r J 7-M33 Westem Willows Dr. Lot 19 Block 3 541 Westem Willows Dr. Lot 20 Block 3 1549 Westem Willows Dr. Lot 21 Block 3 .1.557 Western Willows Dr. Lot 22 Block 3 1601 Westem Willows Dr. Lot 23 Block 3 wissr uy, �— �rz B wck3 lGs� E,w u.�.�x 4 7 952 .'929i'2 6�B`r� Un FT. 'vr�W, VEX. Fr yyti t is 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: IIli 8I2005 02:47 PM Instrument#: D205347829 "%%7 A 9 PGS $44.00 B • I Illllll Illi IIID IIID Iiili VIII VIII VIII VIII hill Illi IIII D205347829 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.