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HomeMy WebLinkAboutContract 32895-M1 i 3 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 "C ") 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 513-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: yOFFIC U IRECOID Ciff ��bi� 11 g1kV433059.01 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 OFFIC]A11 WORD 520JI91� •� d1� 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 �-r lir L 8,.2005. The City 9f Fort Worth:,Texas By. Charles Boswell City Manager THE STATE OF TEXAS COUNTY OF TARR.ANT This instrument was acknowledged before me on the 11 ut day of 2005 by Charles Boswell,City Manager,on behalf of the City of FortWo exams ATTEF Notary Public, State of Texas w vAW�4' Marty Hendrix, Ci SectetaryHETTIE LANE f q MY COMMISSION EXPIRES July 26,2007 APPROVED AS TO FO M AND LEVALI1 i ASSISTANT CITY ATTORNEY Contra6!, ELO— batw OR 3 95 -C Y - '� r,0 6r�:N:� ` ?VHPII TAX. 18/28/2885 17:18 8173928359 PAGE 87/15 !mayFftW5WAWA*kMvF dAwMa d b 4a,&■a L 1 OA'-,R1AC iO4 ` ,� 5 P2i ��✓ CtA aar, ,•Hs"PwAr,on Now iY1rE>�- fi=— panaiaMylataal b aaa ac peowll b ar a dla hi aNada�alaq wii�w b M 1--�aa>t— b dM Vo"iaMnmaat ad aalnawM�a1ts>tartbee alioomm"draaaaakbkarbar aiiMMdaal Ib adday*Maarbw awlwaa Qa iNrrwatMpsaaa.a MaaMqapaa ii![d�ie�bapanaa aad,aaeeaMd dM +eMaaaat �" TRACEY STERNER �►irwa mylo d aad at—anal ,®�NOTARY PUBLIC,STATE OF ll XA MY COMMISSION EXPFM /N d 2O OF 14,20W NsCoawAniaa OIaws � altw, a pai�oaallp kfawa b aro of pm"d 4 ma as eK baiia at a�wlduw bb tia 1M/warm aaraa b 4e.id�ia 1pMtaeee Md aiaala�M b aas d1a!YO a alfa aaasand M agar to W a P- aisas oapada ad dna by W ar ber aipraa a dM bti�bt dw/avow.or dra aaa1�a*aa batidtd.ibfal dM parson sed,aaaaala!dM iaaliaaaaaG Mlrs ap Ihaad ad adi W omL NoW7Fdk lbCari�iea aapl� 4 In Iwl i����� 9 f 3IECkEAIy 4 952000.01897:933059.01 10/20/2005 17:18 8173928359 PAGE 08/15 IE>it A A pond of land, being a portim of Willow Slrwp Raak an adMm to Tums Canty, Taloa aooa N to plat,—m ',d In Cd t d A.Slide 8423,of Ge Plat Rome*Ta Ted County,Twa.bang all of Lab 1 dual 8,Block 1,and all of Block 2,and @A of Lab 15 thtowo 24,Black 3,all of WMOW The Drive,aQ of Willow Tra Caul,all of Wiflow R-ch Way,and til of Western Wino w Drive,and of trte west Neo of amid Lot 24,aooadug to add putt,and being mase par8 Wwly dam*W by mates and boneds a lb0owa, BBGBgNM at the northeast ccoemx of aid slosh 2,also bang the iotarsecdon of the south rlgltto"v of Avondale Hasiat Road,and de wast d*W-way of Willow Sp=p Road; THENM with add west right-of-way,South 00 degraae 06 mutates 47 seconds Wast, 1051.73 feet,to the sourhsast corner of acid Lot 13; TRENM the tbiWwm ocarses and disomoes with the month boas of said LOU 15 thtV*24, South 81 degeaee 56 i 1 16 moonds Weak 101.76 flet; South 67 dwsmi 09 gates 33 aooede Wast,141.94 foot Sam 61 degm 55 mimmew 10 snoods Wast,363.99 feet; Sasth 72 dep=06 stun-05 sea 1 1 Wast,306.07 feet; Saalh 89 degrees 07 minutes 56 an=&Waal,212.05 fact; end South 78 desmas 09 tttimdes 55 aaoonda Watt,444.75 foot,to the southwest nurser of said Lot 24; 'P11 NM*the fAowing oomses and distanoas with the west lines of said Lot 24; Nw*33 depeas 31 nindms 03 1 ,m m is Was;16100 feet; North 25 lopes 59 ttstnei s 30 sounds West,126.42 bet; and NORTH, at 98.00 fat,pm the am&tightof-way of add Western Willows Drive, in all 148.00 fiseet,to the oath right-of-vray of said Wean Willows Drim and being to tiro south line of said.tAt 8; Till)NM'with said north d&-O&Way,and said south be,Wast,114.50 feet,to the southwest canna of said Lai 8; TEMNCE:oras Blowing courses and distance with dw wast litres of said Lots 1 through 8; NORTH.245.78 feat,to the nosfly Nast corner of said Lot 7; EAST 29.45 goat,to the sowkwast corner of said Lot 6; NORM 50346 het,to the nasAtteat omm of Lot 11.in said Block 1; WEST 29.43 fask to the mat srordwW sougtwest ooma of said Lot 3; w d NOIKM06 312.03 het,to tiro vmdrweR corm of aid Lot 1,and being in said south right-of- way of Avandate K=W)toad, TEUMM with said south rialm-of-way of Avondale Ramat Road. North 89 1 ar 26 intents 25 seconds Best. 1743.26 feat,to the PLACE OF 88094ciM,and oontaioimg some 31.3 acres of land, mare or lass 5 952000 18=0 N Ilii U 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 13149 Willow Ranch Way Lot 2 Block 1 6Aw- 1.1.13141 Willow Ranch Way Lot 3 Block 1 13133 Willow Ranch Way Lot 4 Block 1 j 13125 Willow Ranch Way Lot 5 Block 1 13117 Willow Ranch Way Lot 6 Block 1 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 13109 Willow Tree Ct. Lot 5 Block 2 V 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 ` os��'�+�tt^,r,S��•`��Y�_ 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 /-�L iJz 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 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 Q� 1500 Western Willows Dr. Lot 24 Block 2 1501 Western Willows Dr. Lot 15 Block 3 /-7-)j 1509 Western Willows Dr. Lot 16 Block 3 1517 Western Willows Dr. Lot 17 Block 3 Ccr � 1525 Western Willows Dr. Lot 18 Block 3 :'7 s33 Western Willows Dr. Lot 19 Block 3 541 Western Willows Dr. Lot 20 Block 3 1549 Western Willows Dr. Lot 21 Block 3 J,, . 57 Western Willows Dr. Lot 22 Block 3 1601 Western Willows Dr. Lot 23 Block 3 /(o09 t - 4pr24 BbcX3 is CUD OFFICIAL TAX 952 �,JU ifF.�lhY� 1't y 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#: D205347826 A 9 PGS $44.00 IIIIIII IIII IIIA ILII VIII VIII VIII VIII IIID VIII IIII III! D205347826 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.