HomeMy WebLinkAboutContract 41293CITY SECRETARY
CONTRACT NO. 4IacIie.
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 a 1*day
of busificiAA , 20 10 , 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 Marty and Judy Melvin, 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 Tract 2M of the F. Cuella
Survey, Abstract 266, which is appraised for ad valorem tax purposes as land for agricultural use.
•
OFFICIAL RECORD
CITY SECRETARY
kF% WORTH; TX
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
Tax 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:
OWNE
Fernando Costa, Assistant City Manager
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
Facsimile Number: 817-392-6134
a 1 Title
Marty and Judy Melvin
3205 Keller Hicks Road
Keller, Texas 76244-9545
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9. Enforcement. This Agreement may be 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
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
3
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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.
CITY OF FORT WORTH
4frrsedwes**4 &tem—
Fernando Costa
Assistant City Manager
Approved as to Form and Legality
Byern>1
Assista it City At
ATTEST
C y Secretary
State of Texas §
County of Tarrant §
This instrument was acknowledged before me on the AA day of aciatvikiA , 2010, by
Fernando Costa, Assistant City Manager of the City of Fort Worth, a Texas municipal
corporation, on behalf of said corporation.
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State of Texas
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Issit•se
UNDA M. HIRRLINGER
MY COMMISSION EXPIRES
February 2, 2014
This instrument was acknowledged before me on the g day of 0o4'her , 2010,
by Marty and Judy Melvin.
4
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
After Recording Return to:
City Secretary
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
5
Project Case # AX 07 006
Exhibit A
398 Acres Under Consideration for Full -Purpose Annexation
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COFYR PG HT 2007 CITY OF FORT WORTH U NAUTHO RIZED R EP RO DUCTIO N I5 A V IOLATIO N OF APFL CAB LE LAWS.
THIS DATA I S TO EE USED FORA G RA FHICAL R EFR ES ENTATI ON ONLY. THE ACC RACY IS NOT TO BE TAKEN
USED AS DATA PRODUCED FOR ENGINEERING PURPOSES OR BY A REGISTERED FROFESSONAL LAND
SURVEYOR. T}iECITYOFFORTWORTHASSVUESNORESFONSIBIUTYFORTHEACCURAGYOFSAIDDATA.
Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 12/7/2010
Weee
DATE: Tuesday, December 07, 2010
LOG NAME: 065030 DEVELOPMENT AGREEMENTS 12-10
SUBJECT:
>..
REFERENCE NO.: **C-24616
Authorize the Execution of Development Agreements in Lieu of Annexation with Multiple Property Owners
for Property Located Generally East of North Beach Street and South of Ray White Road and with Multiple
Property Owners for Property Located in the 3200 Block of Keller Hicks Road (COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to:
1. Execute a development agreement between the City and multiple property owners for the application of
development standards in lieu of annexation for property located generally east of North Beach Street and
south of Ray White Road in unincorporated Tarrant County; and
2. Execute a development agreement between the City and multiple property owners for the application of
development standards in lieu of annexation for property located in the 3200 block of Keller Hicks Road in
unincorporated Tarrant County.
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 this year where
property owners have opted for development agreements in lieu of annexation, Areas 15-1 and
12. Approximately 37.8 acres of land in Area 15-1, located generally east of North Beach Street and
south of Ray White Road in Tarrant County, qualify for the development agreement in lieu of annexation,
as shown on Exhibit A. Also approximately 42 acres of land in Area 12 (Exhibit B) located in the 3200
block of Keller Hicks Road in Tarrant County, qualify for the development agreement in lieu of
annexation The owners of these properties have signed their respective agreements.
The attached sample development agreement, Exhibit C, provides for the enforcement of development
regulations including: zoning and subdivision ordinances in accordance with the Comprehensive Plan;
municipal building, mechanical plumbing, residential, energy and fire codes; building permit requirements;
minimum building standard codes; environmental protection/compliance and health codes; prohibitions on
septic tanks; gas drilling and production ordinance; 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 both enclaves are adjacent to COUNCIL DISTRICT 2.
FISCAL INFORMATION / CERTIFICATION:
http://apps.cfwnet.org/ecouncil/printmc.asp?id=14473&print=true&DocType=Print 12/23/2010
Page 2 of 2
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
Fernando Costa (6122)
Randle Harwood (6101)
Beth Knight (8190)
ATTACHMENTS
1. 065030Development Agreement - generic doc (Public)
2. Exhibit A - Area 15-1 devel agreements pdf (Public)
3. Exhibit B - Area 12 devel agreements.pdf (Public)
http://apps.cfwnet org/ecouncil/printmc.asp?id=14473&print=true&DocType=Print 12/23/2010
Area 15 1: Alta Vista Road Enclave Exhibit
Approximately 37.8 Acres Subject to Development Agreement
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` ie FORTWORTH
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CORM IGHT 2010 CITY OF FORT WORTH UNAUTHORIZED REPRODUCTION IS A VIOLATION OF APPLICABLE LAWS.
THIS DATA IS TO BE USED FOR A GRAPHICAL REPRESENTATION ONLY. THE ACCURACY 15 MDT TO BE TAKEN
USED AS DATA PRODUCED FOR EMI hE; ER; tG PURPOSES OR BY A REGISTERED PROFESSIONAL LAND
SURVEYOR. TFE CITY OF FORT WORTH AS SW, ?ES ND RES PON SI BI UTY FOR THE ACCURACY OF SAJ DATA.
Area 12: hailer Hicks Roar. Enc
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Approximately 42 Acres Subject to Development Agreement
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COPYRIGHT 2010 CITY OF FORT WORTH UIIAUTHORIZEO REPRODUCTION IS A VIOLATION OF APPLICABLE LAWS
THIS DATA IS TO EE USED FORA GRAPH:CAL REPRESENTATION ONLY. THE ACCURACY IS IYOT TO EE TAKEN /
USED AS DATA FRODUCED FOR E:GII E ERN`NG PURPOSES OR BY A R ED ISTERE D FROFES SOHAL LAND
SURVEYOR ThE CITY OF FORT INORTH ASSUMES tiO RESPONSIBILITY FOR THE ACCURACY OF SAID DATA
9
JTV SECRETARY
CO R f l RACY NO.
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 this3Ztdayof _lA. 2 0Im, b , Y
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 Marty and Judy Melvin, 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 Tract 2M of the F. Cuella
Survey, Abstract 266, which is appraised for ad valorem tax purposes as land for agricultural use.
i
oFFICIAL RECORD
CITY SECRETAW'l
s� J O '1i a H, ,rf7 4 i
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
Tax 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 -�hertawitersvEr
Property and to the City. This Agreement may not be revised or amendeatireihtitatiOrte
consent of both parties. CITY SECRETARY
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:
Aar
Name Title
Marty and Judy Melvin
3205 Keller Hicks Road
Keller, Texas 76244-9545
9. Enforcement. This Agreement may be 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.
14. Governing Law and Venue. Venue shall be in the state
County, Texas or the United States District Court for the Northern Dist
3
OFFICIAL WORD
• urtsjoQ Qa,a
SAHAh; o '
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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.
CITY OF FORT WORTH
Fernando Costa
Assistant City Manager
Approved as to Form and Legality
Assistant City Attorney
ATTEST
ALL C')Y)
ft(ty Secretary
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State of Texas § wQa ?AO'.C.,�
EX County of Tarrant § �'�A.�'ag � Th2414424
This instrument was acknowledged before me on the � day of Goo '' , 2010, by
Fernando Costa, Assistant City Manager of the City of Fort Worth, a Texas municipal
corporation, on behalf of said corporation.
State of Texas §
County of Tarrant §
nit *hit
UNDA M. HIRRLINGER
MY COMMISSION EXPIRES
February 2, 2014
This instrument was acknowledged before me on the S
by Marty and Judy Melvin.
men
Notary Public
4
. HIRALINGER
M ISSION EXPIRES
February 2, 2014
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After Recording Return to:
City Secretary
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
OFFICIAL RECORD
CITY SECRETARY
FT, WORTH, aa
ProjectCase#AX 07006
398 Acres Under Consideration for Full -Purpose Annexation
Exhibit A
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Legend
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Fort Worth City Limits
Adopted Addition to Plan
Agricultural Exemption
1-1 Fort Worth ETJ
Proposed Process Schedule
Annexation Plan Amended
Service Plan Completed
Consideration of Annexation
11/27/07
04/07/09
11/2010
Map References
Mapsco I 22 E&F, J - L
TAD Map
2060-464, 2066-464
2060-460, 2066-460
Current Full -Purpose Incorporated Area
1
333.55 Square Miles
0 500 1,000
I I I ! I
2,000 Feet
1 1 I
OFFICIAL . ' 0
CITY SECRETARY
FT. WO Itt f er4/09 BK epartment
IT WORTH
COPYRIGHT2007CITY OFFORTWORTHUNAUTHORIZEDREPRODUCTIONISAVIOLATIONOPAPPLICABLELAWS.
THIS DATA IS TO BE USED FOR A G RA PH CAL REPRESENTATION ONLY. THE ACC RACY IS NOT TO BE TAKEN /
USED AS DATA PROD U CEO FOR ENG! It ER No PURPOSES OR BY AR EG ISTE RE D FROFES SO NAL LAND
SURVEYOR THE CITY OF FORT WORTH ASSUUESNORESFONStaJLITYFORTHE ACC URA CYOFSAID DATA
MARY LUUISR GARCIA
COUNTY CLERK
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FTW CITY SECRETARY
1000 THROCKMORTON STREET
FTW, TX 76102
Submitter: CITY OF FORT
WORTH/DEVELOPMENT &
PLANNING
100 West Weatherford Fort Worth, TX 76196-0401
PHONE (817) 884-1195
DO NOT DESTROY
WARNING -THIS IS PART OF THE OFFICIAL RECORD.
Filed For Registration: 1/7/2011 11:05 AM
Instrument #: D211005327
A 7 PGS $36.00
JI aC 1 Alf tire-v.0r- Ns
By:
D211005327
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.
Prepared by: DBWARD
OFFICIAL RECORD
CITY SECRETARY
Ft WORTH, TX