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HomeMy WebLinkAboutContract 50831 CITY SECRETARY - CONTRACT NO. nj NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATLR.a1_ PERSO\. YO' MAY REMOVE OR NY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED IN THE REAL PROPERTY RECORDS: YOUR SOCIAL SECLRITY NUMBER OR YOLR O MIVER' NSE NUMBFR O) We � � N 01 g DEVELOPMENT AGREEMENT to Q tFj �, XAS LOCAL GOVERNMENT CODE §§ 43.035 8 212.172 T GREEMENT (the "Agreement") is made and entered into by and between the rt Worth. Texas, a home rule municipal corporation of the State of Texas located arrant. Denton, Johnson. \Fuse, and Parker Counties, Texas (hereinafter referred to as "City") acting b\ and through its duly authorized Cite 'vlanager. and CAMPBELL. J L hereinafter called "the Owner". whether one or more natural persons or other legal entities. By the signatures below, the Owner warrants and represents that there are no other owners of am portion of the Property and no other third-parties holding an interest therein. WHEREAS, the O\Nner o%tns a parcel of real propert%. a total of approximately 3.72 acres of land, as described in Exhibit A. hereinafter called "the Property". is located within TARRANT County. The Property is located in the extraterritorial jurisdiction '`ETJ" of the Cite and is subject to municipal annexation: and WHEREAS, the Cite has begun the process to institute annexation proceedings for the Property: and WHEREAS, the Propert% is appraised for ad valorem tax purposes as land for agricultural or vvildlife management use under Subchapter C or D. Chapter 23. Texas Tax Code, or as timber land under Subchapter E of that chapter: WHEREAS, the Teras Local Government Code § 43.033 pro\ides that the Cite maw not annex property appraised for such purposes unless it first offers to make a dev elopment agreement with the 0« er pursuant to such section: and WHEREAS, the Cite has notified the O�Nner of its intent to annex the Property and has offered to enter into an agreement guaranteeing the continued extraterritorial status of the Property upon the terms and conditions hereinafter proN ided: and WHEREAS, the Owner desires to have the Property remain in the City's ETJ. in consideration for which the O,,Nner agrees to enter into this Agreement: and WHEREAS, this Agreement is entered into pursuant to Sections 43.035 and 211172 of the Texas Local Government Code. in order to address the desires of the Owner and the dures of the Cite: and Ss ry�n�G OFFICIAL RECORD CITY SECRINTARY FT,WORTH,YX 9sbr7 ` Wa WHEREAS, the Owner and the City acknowledge that this Agreement runes with the land and is binding upon the Cite and the Owner and owner's respecti%e successors and assigns for the term of this Agreement. as defined belo'y_ and WHEREAS, this Development Agreement is to be recorded in the Real Property Records of TARRANT County. NOW THEREFORE, for and in consideration of the mutual covenants. conditions and agreements contained in this Agreement, and other good and valuable consideration. the City and Owner agree as follows: 1. Identification of the Property-. The Property is described as the propert-, owned by the Owner within the boundaries of the area depicted in Exhibit A attached hereto and incorporated herein by reference, more particularl,, described as approximately 3.72 acres at 1241 BOAZ RD situated in the BOYD, COLE`I N SURVEY Abstract 212 Tract 21304 LESS HS, which are appraised for ad valorem tax purposes as land for agricultural use. 2. Continuation of Extraterritorial Status. The parties intend that this Agreement Quarantee the continuation of the extraterritorial status as set forth herein. The Propertx shall not be annexed and shall remain in the ETJ of the City for the term of this Agreement. as long as the Property is not subdivided. the Property continues to be appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D. Chapter 23, Texas Tax Code. or as timber land under Subchapter E of that chapter_ except for existing single-famil% residential use of the Property and the Owner is not in violation of this Agreement. This provision does not prohibit annexation with the consent of the Owner. 3. Application of Municipal Regulations. Pursuant to Section 43.035(b)(1)(B) of the Texas Local Government Code, all regulations and planning authorit- of the City that do not interfere with the use of the land for agriculture. wildlife management or timber use may be enforced with respect to the Property. Such regulations and planning authority may be enforced as they now exist or max hereafter be established or amended. The Owner consents and acknowledges that as of the effective date of this Agreement. the enforcement of all regulations and planning authority of the City consists of, including, but not limited to, subdivision development regulations, building. mechanical. plumbing. residential, energy and fire codes, building permit requirements, minimum building standard codes. environmental protection and compliance and health codes. prohibitions on septic tanks, the gas drilling and production ordinance and other Cite regulations as they currentIX exist or maybe enacted in the future. Owner agrees that am subdivision plat or related development document for the area filed with a governmental entity having jurisdiction over the property will be in conformance with the City's most recently adopted Comprehensive Plan. Owner agrees that any filing that is not in conformance with the City's Comprehensive Plan will not be deemed a permit for the purposes of the Texas Local Government Code Chapter 245. [CAMPBELL.J L-Dev. Agreemt. 20181 Page 2 of 6 The Owner consents to the jurisdiction of the Municipal Court. Boards and Commissions of the Citv of Fort NVorth for the purpose of enforcing City Codes and regulations and prosecuting criminal violations of City regulations on the Property. 4. No Vested Rights. This Agreement shall not be construed as a permit for purposes of Chapter 245. Texas Local Government Code. Owner hereby waives any all claims under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any actions Owner has taken in violation of this Agreement. 5. Events that Terminate Immunity from Annexation. This Agreement is void if the Owner either fails to continue to use the Property solely for agricultural. vyildlife management or timber use or subdivides or develops the Property in any manner that would require a plat of the subdivision to be filed with any governmental entity having jurisdiction over the Property or both. if the Property ceases to be appraised for agricultural, wildlife management or timber use or if the Owner subdivides the Property as described in this section. then the City may annex the Property. either in whole or in part, and such annexation shall be deemed to be with the consent of the Owner for voluntary annexation. 6. Term. This Agreement shall terminate five (5) years after the effective date of this Agreement or upon annexation of the Property in conformance with this Agreement or Section 43.035 of the Texas Local Government Code; whichever comes first. upon termination. the Citv may annex the Property. either in whole or in part or for full or limited purposes. and such annexation shall be deemed to be with the consent of the Ovyner. 7. Agreement a Covenant Running With the Land. This Agreement shall be recorded in the Real Property Records of the applicable county and shall be a covenant running with the land binding upon all parties having any right, title or interest in the Property or any part thereof. including their heirs, successors and assigns. and shall inure to the benefit of the owners of the Property and to the City. This Agreement may not be revised or amended without the written consent of both parties. 7. Notice. Prior to the sale or con eyance of am portion of the Property. the Owner shall give written notice and a copy of this Agreement to the prospective purchaser or grantee. shall provide a copy of such disclosure to the City and shall give written notice of the sale or conveyance to the City. Furthermore. the Owner and the Owner's heirs. successor- and assigns shall give the Citv written notice of ami change in the agricultural exemption status of the Property. S. Form and Delivery of Notice. An notice required or permitted under this Agreement shall be in writing and shall be delivered in hand. by facsimile, or b\ registered or certified LS mail. Notice to the Owner may be addressed to Owner at the address indicated on the most recent applicable county property tax roll for the Property. If more than one entity is named in this Agreement, service of any notice on an one of the entities shall be deemed service on all entities. Any notice so given shall be deemed to have been received when deposited in the United States mail so addressed with postage prepaid: [CAMPBELL.J L-Dev. .agreemt. 201181 Pate 3 of 6 CITY: Fernando Costa. Assistant Cit\ Manager Cite of Fort Worth 200 Texas Street Fort 'W'orth. Texas 76102 Facsimile Number: 817-392-6134 Copy to: Planning and Development Department Attn: Planning and Development Director 200 Texas Street Fort Worth. Texas 76102 THE OB ER: G euly Pf'L N a ne Title (if applicable) CAMPBELL._ J L 1241 BOAZ RD HASLET. TX 7602 9. Frustration of Purpose. If an,,,. word. shrase. clause, sentence. paragraph, section or other part of this Agreement is affected in whole or in part as a result of amendments to the underlying statutory, authority for this Agreement- or a final judcial decree for which all appeals have expired or been exhausted, or if the Texas Legistlature amends state law in a manner having the effect of limiting or curtailing an,, right or obligation of the parties under this Agreement. then the parties agree and understand that the purpose of this Agreement may be frustrated. In such case. the parties agree to work in good faith to amend this Agreement so that the prupsoes of this Agreement may be fully- realized. including full purpose annexation, if necessary. 0\�ner agrees not to protest annexation of the Property in accordance with this Agreement; and further will not sponsor or support legislation that would hinder the Cit"'s ability to annex any protion of the Property in accordance with the provisions thereof. 10. Enforcement. This Agreement ma" be enforced by Owner or Cit" by an" proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the Agreement thereafter. 11. Provisions Severable. If any provision contained in this Agreement is held unconstitutional, invalid or unenforceable. then the remaining provisions shall be deemed severable and shall remain in full force and effect. 12. Governmental Po-veers. It is understood that b" execution of this Agreement. the City does not NNaive or surrender any of its governmental powers. 13. Captions. Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. [CAMPBELL.3 L-De,.Aareemt.2018] Pane 4 o'16 14. amendment of Agreement. This agreement cannot be modified or amended without the written consent of all the parties and attached and made a part of this Agreement. 15. Governing Law and Venue. Venue shall be in the state courts located in Tarrant Countv. Texas or the United States District Court for the Northern District of Texas. Fort 'forth Division and construed in conformity with the provisions of Texas Local Government Code §43.035. IN WITNESS WHEREOF. the parties have signed and executed this agreement effective as of this day of 204 CITY OF RT WORTH Ca-IPBELL, J L e--5— B . JAN. Bv: istant City Manager Printe : ame: Title: Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract. includin f A&C:— ensuring all performance and reporting requirements. 1IVV�1 �V+ 1295:�64jJ � 'dame of Empl e Xss- ,D Title Approved as to Form and Legality: ATTEST: r Melinda Ramos. Sr. Assistant City Attorney i ad Kay_ser. Cite U _ [CAMPBELL,J L- Dev. Agreemt.2018] ., O"ICIAL RIC ORD CITY SUMMAM. 11%WOWNP`I X sem:-. State of Texas § County of Tarrant § JtSb�f This instrument was acknowledged before me on the da% of 20L7 by F7 Assistant Cite Manager of the Cit% of Fort �tiorth. a Te: s municipal corporation. on behalf of said corporation. MARIA S.SANCHEZ ! otary Public. Sta , te of Texas t: F �..y(Aj1 * My Notary ID#22VA90 `•'lg•o�;+^ Expires December 19,2021 S ate oi I exas County° of �: UTCW ,Ul_ § )h This in trument was acknowledged before me on the da% of 20 by &g4l of['.Fame of indIN ideal signing. title (if any-) n behalf of s id [insert name of compan\ or individual where applicable]. ANNA SOPFNA LEDET B�` Ioar MS-t►utOfmmw \otary Public. State of Texas 10I 1292945 01 a CONN.Ixr.o2-25-2021 After Recording e urn o: City Secretary City of Fort Forth 200 Texas Street Fort Worth, Texas 76102 OFFICIAL RECORD CITY 81CRETARY FT.WORM TX [CAMPBELL,J L-Dei. Aareemt. 2018; Palle 6 of 6 Project Case # AX- 12-006 Exhibit A Property Subject to Development Agreement Approximately 3.72 acres X114 ark ark ',,. 'u. �~ i..)•-'. i 1 28 I 'N El Ell) 4 TT Jill 1-117\ / EagfemquntalriCDP CO Q�`9 i 81 I ' ��1 Y cy U xl FORD,`SADIE MAE ! I w AVONDALE HASLET NDALE I d x Z 0 CA 0 W CAMPBELL J L BLUF CHISHO ' RANCH f1HISHO RA RANCH I dURMM glill!Il 4 ii- (� Q i i I i AI _ a J li i 1:10,000 ®Property subject to Development Agreement FORTWO�RTH.. QProposed Annexation Area(9)(Approx.34.02 Acres) . r-1 0 250 500 1,000 Feet t_J County Boundaries t 1 1 Panning&DevelDepartment 0 Parcels W15/2015/201 7 COPYR.GHT 2018 CITY OF FORT NORTH UNAUTHORIZED REPRODUCTION IS A Q Fort Worth City Limits VIOLAT ON OF APPLICA3LE LAWS. THIS DATA IS TO BE USEDFOR A GRAPHICAL REPRESENTATION ONLY.THE ACCURACY IS NOT TO BE TAKEN/USED AS DATA Fort Worth Extraterritorial Jurisdiction PRODUCED FOR ENGINEERING PURPOSES OR BY A REGSTERED PROFESSIONAL LAND SURVEYOR. THE CITY OF FORT NORTH ASSUMES NO RESPONSIBILITY FOR THE ACCUR=ACY OF SA'D DATA.