HomeMy WebLinkAboutContract 39566SECRETAFly
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR
STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED
FOR RECORD IN THE REAL PROPERTY RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR
DRIVER'S LICENSE NUMBER
DEVELOPMENT AGREEMENT
TEXAS LOCAL GOVERNMENT CODE §§ 43.035 & 212.172
THIS AGREEMENT is made and effective this t day of , i 2005, by
and between the City of Fort Worth, Texas, a home rule municipal corporation of the State of
Texas located within Tarrant, Denton, Wise and Parker Counties, Texas (hereinafter referred to
as "City") and Charles Bellinghausen, hereinafter called "the Owner", whether one or more
natural persons or other legal entities, and is as follows:
WHEREAS, the Owner's property within Exhibit A, hereinafter called "the Property", is
located within the extraterritorial jurisdiction of the City and is subject to municipal annexation;
and
WHEREAS, the Property is 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;
WHEREAS, the Texas Local Government Code § 43.035 provides that the City may not
annex property appraised for such purposes unless it first offers to make a development
agreement with the Owner pursuant to such section, and
WHEREAS, the City has notified the Owner of its intent to annex the Property and has
offerVW d to enter into an agreement guaranteeing the continued extraterritorial status of the
Property upon the terms and conditions hereinafter provided; and
WHEREAS, the City desires that any development of the property be in conformance
with the City's Comprehensive plan; and
WHEREAS, the Owner desires to enter into this Agreement to secure the continued
extraterritorial status of the Property:
NOW THEREFORE, in exchange for the mutual covenants, conditions and promises
contained herein, City and Owner agree as follows:
1. Identification of the Property. The Property is described as the property owned by
the Owner within the boundaries of the area described in Exhibit A attached hereto and
incorporated herein by reference, more particularly described as Tracts 5 and 12 of the J. Smith
Abstract 1149,
2. Continuation of Extraterritorial Status. The Property shall not be annexed and shall
remain in the extraterritorial jurisdiction of the City as long as this agre ent is effective, the
FFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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
Fax Code, or as timber land under Subchapter E of that chapter and the Owner is not in violation
of this agreement. This provision does not prohibit annexation with the consent of the Owner.
3. Application NJ Municipal Regulations. All regulations and planning authority 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 may hereafter be established or amended, and this Agreement
shall not be deemed a permit for the purposes of Texas Local Government Code Chapter 245.
The Owner consents to the applicability of all regulations and planning authority of the
City that do not interfere with the use of the area for agriculture, wildlife management or timber,
including, but not limited to, development regulations, zoning 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 City regulations as they
currently exist or may be enacted in the future. Owner agrees that any 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.
The Owner consents to the jurisdiction of the Municipal Court, Boards and Commissions
of the City of Fort Worth for the purpose of enforcing City Codes and regulations and
prosecuting criminal violations of City regulations on the Property.
4. Annexation Upon Subdivision or Change of Use. This agreement is void if the
Owner fails to continue to use the Property solely for agricultural, wildlife management or
timber use and/or subdivides or develops the Property in any manner that would require a plat of
the subdivision to be fled with any governmental entity having jurisdiction over the Property. 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.
5. Term. This Agreement shall terminate 5 years after the effective date of this
Agreement or upon annexation of the Property in conformance with this agreement and/or
Section 43.035 of the Texas Local Government Code, whichever comes first. Upon termination,
the City 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 Owner.
6. 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.
2
7. Notice of Sale of the Property. Prior to the sale or conveyance of any portion of the
Property, the Owner shall give written notice and a copy of this Agreement to the prospective
purchaser or grantee and shall provide a copy of such disclosure to the City.
8. Form and Delivery of Notice. Any notice required or permitted under this Agreement
shall be in writing and shall be delivered in hand, by facsimile, or by registered or certified US
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 any 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:
CITY:
Fernando Costa, Assistant City Manager
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
Facsimile Number: 817-392-6134
OWNER:
Name � Title
Charles Bellinghausen
12681 Private Road 4716
Fort Worth TX, 76177
9. Enforcement. This Agreement maybe enforced by Owner or City by any proceeding
at law or in equity. Failure to do so shall not be deemed a waiver to enforce the Agreement
thereafter.
10. 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.
11. Governmental Powers. It is understood that by execution of this Agreement, the
City does not waive or surrender any of its governmental powers.
12. Captions. Captions and headings used in this Agreement are for reference purposes
only and shall not be deemed a part of this Agreement.
13. Modification of Agreement. This Agreement cannot be modified or amended
without the written consent of all the parties hereto and attached and made a part of this
Agreement.
3
14. Governing Law and Venue. Venue shall be in the state courts located in Tarrant
County, Texas or the United States District Court for the Northern District of Texas, Fort Worth
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 the date first set forth above.
W
c
Fernando (!'osta
Assistant City Manager
Approved as to Form and Legality
By Ir
Assista City Attorney
ATTEST
City Secretary
State of Texas
The Owner
&L &A
Charles Bellinghausen
_ 3nj R
Zoe) Contract Authorization
_`XI►t
Date
County of Tarrant § ,Qa✓�✓�c
This instrument was acknowledged before me on thea2 day of , 2009, by ,%lec�oad
Ar Fernando Costa, Assistant City Manager of the City of Fort Worth, a Texas municipal
corporation, on behalf of said corporation.
IL M nn
otary Public
State of Texas §
County of T�rra'Qt §
EVONIA DANIELS
MY COMMISSION EXPIRES
July 10, 2013
This instrument was acknowledged before me on the ��day of �� , 2009,
by Charles Bellinghausen.
otary ublic
JUDY REID
Notary Public
STATE OF TEXAS
My Comm. Exp. 02/22/2012
QFFfCiA�. RECORD
CITY SECRETARY �
FT. WORTH, TX
After Recording Return to:
City Secretary
City of Fort Worth
1000 Throclunorton Street
Fort Worth, Texas 76102
5
Prnipct Case # AX-U9-OC
M&C Review
Page 1 of 2
C)ffiiciai si[e of the City o` Fort: VVoEth, Texas
REFERENCE ** 06DEVELOPMENT
DATE: 11/10/2009 NO : C-23898 LOG NAME: AGREEMENTS 10-09
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of Five Year Development Agreements in Lieu of Annexation with the
Old Elizabethtown Trust for Property Located on Elizabethtown Cemetery Road with
Multiple Property Owners for Property Located North of SH 114, East of FM 156 and West
of I-35W
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to:
1. Execute afive-year development agreement between the City and the Old Elizabethtown Trust for
the application of development standards in lieu of annexation for property located near Old
Elizabethtown Cemetery Road in unincorporated Denton County; and
2. Execute five-year development agreements between the City and the property owners listed for
the application of development standards in lieu of annexation for property located north of SH 114
and west of I-35W in unincorporated Denton County: Charles Bellinghausen; Industrial Development
International (Texas) L.P.; Industrial Developments International, Inc.; Mitchell, Mitchell &Mitchell;
Roanoke Ranch &Inv. Co.; and Doyle Wood.
DISCUSSION:
State law requires a municipality to offer development agreements in lieu of annexation to property
owners who maintain a current agricultural tax exemption on property considered for annexation. If a
development agreement is signed, the property will retain its extraterritorial jurisdiction status until it
loses its agricultural exemption or the development agreement expires, whichever comes first.
The five-year annexation program identifies two areas for annexation consideration in 2009, Areas 2
and 66-1. Approximately 51 acres of land in Area 2, located south of SH 114 and east of I-35W
(North Freeway) in Denton County, qualify for the development agreement in lieu of annexation. The
Old Elizabethtown Trust owns this property in Fort Worth's extraterritorial jurisdiction, shown on
Exhibit A. On October 7, 2009, the property owner signed his portion of the development agreement.
Also, approximately 217 acres of land in Area 66-1, located north of SH 114 and west of I-35W (North
Freeway) in Denton County, qualify for the development agreement in lieu of annexation, as shown
on Exhibit B. Several individuals or corporations own sites in this portion of Fort Worth's
extraterritorial jurisdiction and are listed as Charles Bellinghausen; Industrial Development
International (Texas) L.P.; Industrial Developments International, Inc.; Mitchell, Mitchell &Mitchell;
Roanoke Ranch &Inv. Co.; and Doyle Wood. By October 5, 2009, the property owners noted above
signed their respective development agreements.
The attached sample development agreement, Exhibit C, provides for the enforcement of
development regulations; agricultural zoning regulations; municipal building, mechanical, plumbing,
residential, energy and fire codes; building permit requirements; minimum building standard codes;
http://apps.cfwnet.org/council�acket/mc review.asp?ID=12615&councildate=ll/10/2009 12/8/2009
M&C Review
Page 2 of 2
environmental protection/compliance and health codes; prohibitions on septic tanks; the gas drilling
and production ordinance; the Comprehensive Plan; and other City regulations as they currently exist
or may be enacted in the future. Additionally, the Owners consent to the jurisdiction of the City's
Municipal Court, boards and commissions to enforce City codes and regulations, as well as
prosecuting criminal violations of City regulations. The development agreements cause the properties
to be generally in compliance with development standards within the City limits.
All properties in the Old Elizabethtown Cemetery Road Enclave and the SH 114 Enclave are adjacent
to COUNCIL DISTRICT 2.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on
City funds.
TO Fund/Account/Centers
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
Develop_m__ent_Agreem_ ent-Sam�ale 10-0.9_,_pdf
Exhibit A -Area 2 w development agreement.�df
Exhibit B -Area 66-1__w zoning &inset map,.pdf
FROM Fund/Account/Centers
Fernando Costa (6122)
Susan Alanis (8180)
Beth Knight (8190)
http://apps.cfwnet.org/council�acket/mc review.asp?ID=12615&councildate=ll/10/2009 12/8/2009
I 111111111111111111111111111111
Recorded On: December 10, 2009
Denton County
Cynthia Mitchell
County Clerk
Denton, Tx 76202
Instrument Number: 2009-141397
Parties: CITY OF FORT WORTH TEXAS
To
Comment:
As
Agreement
( Parties listed above are for Clerks reference on►y )
** Examined and Charged as Follows: **
Agreement 35.00
Total Recording: 35.00
Billable Pages: 7
Number of Pages: 7
************ DO NOT REMOVE. THIS PAGE IS PART OF THE INSTRUMENT ************
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information:
Document Number: 2009-141397
Receipt Number: 642963
Recorded Date/Time: December 10, 2009 11:36:56A
User / Station: D Fahrney - Cash Station 3
Record and Return To:
THE CITY OF FORT WORTH
1000 THROCKMORTON ST
ATTN CITY SECRETARY
FORT WORTH TX 76102
THE STATE OF TEXAS }
COUNTY OF DENTON }
I hereby certify that this Instrument was PILED in the File Number sequence on the date/time
printed heron, and was duly RECORDED in the Official Records of Denton County, Texas.
C54cke fl
County Clerk
Denton County, Texas
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR
STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED
FOR RECORD IN THE REAL PROPERTY RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR
DRIVER'S LICENSE NUMBER
DEVELOPMENT AGREEMENT
TEXAS LOCAL GOVERNMENT CODE §§ 43.035 & 212.172
THIS AGREEMENT is made and effective this t) day of , 20U 1, by
and between the City of Fort Worth, Texas, a home rule municipal corporation of the State of
Texas located within Tarrant, Denton, Wise and Parker Counties, Texas (hereinafter referred to
as "City") and Charles Bellinghausen, hereinafter called "the Owner", whether one or more
natural persons or other legal entities, and is as follows.
WHEREAS, the Owner's property within Exhibit A, hereinafter called "the Property", is
located within the extraterritorial jurisdiction of the City and is subject to municipal annexation;
and
WHEREAS, the Property is 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;
WHEREAS, the Texas Local Government Code § 43.035 provides that the City may not
annex property appraised for such purposes unless it first offers to make a development
agreement with the Owner pursuant to such section; and
WHEREAS, the City has notified the Owner 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 provided; and
WHEREAS, the City desires that any development of the property be in conformance
with the City's Comprehensive plan; and
WHEREAS, the Owner desires to enter into this Agreement to secure the continued
extraterritorial status of the Property:
NOW THEREFORE, in exchange for the mutual covenants, conditions and promises
contained herein, City and Owner agree as follows:
1. Identification of the Property. The Property is described as the property owned by
the Owner within the boundaries of the area described in Exhibit A attached hereto and
incorporated herein by reference, more particularly described as Tracts 5 and 12 of the J. Smith
Abstract 1149,
2. Continuation of Extraterritorial Status. The Property shall not be annexed and shall
remain in the extraterritorial jurisdiction of the City as long as this agreement is effective, 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
Fax Code, or as timber land under Subchapter E of that chapter 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. All regulations and planning authority 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 may hereafter be established or amended, and this Agreement
shall not be deemed a permit for the purposes of Texas Local Government Code Chapter 245.
The Owner consents to the applicability of all regulations and planning authority of the
City that do not interfere with the use of the area for agriculture, wildlife management or timber,
including, but not limited to, development regulations, zoning 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 City regulations as they
currently exist or may be enacted in the future. Owner agrees that any 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.
The Owner consents to the jurisdiction of the Municipal Court, Boards and Commissions
of the City of Fort Worth for the purpose of enforcing City Codes and regulations and
prosecuting criminal violations of City regulations on the Property.
4. Annexation Upon Subdivision or Change of Use. This agreement is void if the
Owner fails to continue to use the Property solely for agricultural, wildlife management or
timber use and/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. 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.
5. Term. This Agreement shall terminate 5 years after the effective date of this
Agreement or upon annexation of the Property in conformance with this agreement and/or
Section 43.035 of the Texas Local Government Code, whichever comes first. Upon termination,
the City 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 Owner.
6. 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.
2
7. Notice of Sale of the Property. Prior to the sale or conveyance of any portion of the
Property, the Owner shall give written notice and a copy of this Agreement to the prospective
purchaser or grantee and shall provide a copy of such disclosure to the City.
8. Form and Delivery of Notice. Any notice required or permitted under this Agreement
shall be in writing and shall be delivered in hand, by facsimile, or by registered or certified US
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 any 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:
CITY:
Fernando Costa, Assistant City Manager
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
Facsimile Number: 817-392-6134
OWNER:
Name - Title
Charles Bellinghausen
12681 Private Road 4716
Fort Worth TX, 76177
9. Enforcement. This Agreement maybe enforced by Owner or City by any proceeding
at law or in equity. Failure to do so shall not be deemed a waiver to enforce the Agreement
thereafter.
10. 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.
11. Governmental Powers. It is understood that by execution of this Agreement, the
City does not waive or surrender any of its governmental powers.
12. Captions. Captions and headings used in this Agreement are for reference purposes
only and shall not be deemed a part of this Agreement.
13. Modification of Agreement. This Agreement cannot be modified or amended
without the written consent of all the parties hereto and attached and made a part of this
Agreement.
3
14. Governing Law and Venue. Venue shall be in the state courts located in Tarrant
County, Texas or the United States District Court for the Northern District of Texas, Fort Worth
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 the date first set forth above.
OF�OR� WORTH The Owner
Charles Bellinghausen
Assistant City Manager
Approved as to Form and Legality
Assista City Attorney
ATTEST
Contract Authorization.
City Secretar "I l o i es
y Date
State of Texas §
County of Tarrant §
This instrument was acknowledged before me on the ob day of j(p ec- , 2009, by
Fernando Costa, Assistant City Manager of the City of Fort Worth, a Texas municipal
corbration, on behalf of said corporation.
� � ,��r� >wVONIADANIELS
Notary Public t MY COMMISSION EXPIRES
•e:
July 10, 2013
State of Texas §
County of pavjzUt §
This instrument was acknowledged before me on the aS�''' day of
by Charles Bellinghausen.
WARAVA
i .
wdo d
0
After Recording Return to:
City Secretary
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
*9111
Ah
Ah
�� .,tip :.tom :•ti'
HWY 114