HomeMy WebLinkAboutContract 44096 (2)CITY $ECRETARjjRfjL_CONTRACT Ma.
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 3 day of G ig (A_ a 20 `3 , by
and between the City of Fort Worth, Texas, a home rule municipal corporation o the State of
Texas located within Tarrant, Denton, Wise, and Parker Counties, Texas (hereinafter referred to
as "City") and William Fred, Jr. and Cynthia Bursey, 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 Lot 1 of the Braziel Addition,
which is appraised for ad valorem tax purposes as land for agricultural use.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTh9 TX
01-22-13 A 1 0: 06 IN
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:
Fernando Costa, Assistant City Manager
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
Facsimile Number: 817-392-6134
OWNER:
Name
•
diA In ELed ft72 t ClArst"
William Fred, Jr. and Cynthia Bursey
1525 Boaz Road
Haslet, Texas 76052
Title
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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
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
By: (date. MA
Assistant City Attorney
ATTEST
City Secretdr
State of Texas §
County of Tarrant §
This instrument was acknowledged before me on the 7 day of
Fernando Costa, Assistant City Manager
co •,• ration, on behalf of said corporation.
The Owner
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William Fred Bursey, Jr.
Cynthia Bursey
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OFFICIAL RECORD
CITY SECRETARY {
FTe WORTH? TX
•
otary Public
State of Texas
County of Tarrant
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of the City of Fort Worth, a T
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a .1 . • um S rl **lair, .LJia. LJ S.a if
EVONIA DANIELS
b; MY COMMISSION EXPIRES
%00 July 10, 2013
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2012; by
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This instrument was acknowledged before me on the 9 44% day of babbent, 2012,
by William Fred, Jr. and Cynthia Bursey.
CMG
Notary Public
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Notary Public.
State of 'texas
* 1 Comm Exp, 07-1445
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After Recording Return to:
City Secretary
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
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BARBED WIRE
WHISPER WILLOWS
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Fort Worth City Limits 0 500 1,000 2,000 Feet
ri Fort Worth ETJ
InDevelopment Agreement Area
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!Exhibit
F�RT WORTH
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Planning & Development Department
12/13/12 - BK
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COPYRIGHT 2012CITY OFFORTWORTH UNAUTHOR2EDREFRODUCTION ISAVIOLATION OFAPPLICABLELAWS. ■
THIS DATA IS TO BE USED FOR A GRAPHICAL REPRESENTATION ONLY. THE ACCURACY IS NOT TO EE TARN!
USED AS DATA FRODUCED FOR ENGINEERNG PURPOSES CR BYA REGISTERED PROFESSIONAL LAND
SURVEYOR THE CRY OF FORT WORTH ASSUMES 110 RESPONSBILITV FOR THE ACCURACY OF M D DATA.
M&C Review
.77
DATE:
CODE•
SUBJECT:
COUNCIL ACTION: Approved on 1/8/2013
1/8/2013 REFERENCE
NO.:
C TYPE:
C-26047
NON -
CONSENT
LOG NAME*
PUBLIC
HEARING:
Page 1 of 2
Official site of the City of Fort Worth, Texas
FORT WORT11
065030 DEVELOPMENT
AGREEMENT 12-12
NO
Authorize Execution of Development Agreements in Lieu of Annexation with Multiple
Property Owners for Property Located South of Avondale -Haslet Road and East of Willow
Springs Road, and for Property Located West of Old Decatur Road and South of W. J.
Boaz Road (COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to:
1. Execute five-year development Agreements between the City and various property owners for the
application of development standards in lieu of annexation for property located south of Avondale -
Haslet Road and east of Willow Springs Road in unincorporated Tarrant County; and
2 Execute five-year development Agreements between the City and two property owners, for the
application of development standards in lieu of annexation for property located west of Old Decatur
Road and south of W. J. Boaz 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 in early 2013,
Areas 9 and 29-1. Approximately 31 acres of land in Area 9, located south of Avondale -Haslet Road
and east of Willow Springs Road in Tarrant County, qualify for the Development Agreement in lieu of
annexation, as shown on Exhibit A. Also, approximately 10 acres of land in Area 29-1, located west
of Old Decatur Road and south of W. J. Boaz Road in Tarrant County, qualify for the development
Agreement in lieu of annexation, as shown on Exhibit B. The affected property owners were offered
and, by signing, elected to enter into a development Agreement in lieu of annexation. In 2010, four
property owners executed development Agreements in lieu of annexation, when the enclave was
initially considered for annexation
The development Agreement will provide 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 Agreement causes the
properties to be generally in compliance with development standards within the City limits.
All properties are in the extraterritorial jurisdiction adjacent to COUNCIL DISTRICT 7.
http://apps.cfwnet.org/council_packet/mc review.asp?ID=17898&councildate=1/8/2013 1/24/2013
M&C Review Page 2 of 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 FROM Fund/Account/Centers
Submitted for City Manager's Office bv: Fernando Costa (6122)
Originating Department Head: Randle Harwood (6101)
Additional Information Contact: Beth Knight (8190)
ATTACHMENTS
Exhibit A - Development Aareement area.pdf
Exhibit B - Development Aareement area.pdf
http://apps.efwnet.org/council_packet/mc review.asp?ID=17898&councildate=1/8/2013 1/24/2013