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Home My WebLink AboutContract 41056WHEREAS, City and Owner desire to provide for the annexation of Owner 's property under the terms set forth herein ; and WHEREAS, City and Owner desire to specify the uses and development of Owner's property before and after annexation ; and WHEREAS, by entering into this agreement , the City and Owner acknowledge that it is the intent of the parties that Property "A " be allo w ed to dev elop in the configuration and with the land uses substantiall y in accordance with the prelimin ary p lat (as hereafter defined and attached hereto as Exhibit "X"); NOW THEREFORE, in exchange for the mutual covenants , conditions and promises contained herein, City and Owner agree as follows: 1. Identification of the Property. Property "A" is described as the property owned by the Owner within the boundaries of the area depicted in Exhibit A attached hereto and incorporated herein by reference , more particularly described in Exhibit A-1. 2. Continuation of Extraterritorial Status/Annexation Upon Subdivision or Change of Use. (a.) The City agrees not to annex Property "A" as long as Property "A" is not subdi v ided , no structures or improvements are placed hereafter on the property that are not consistent with agricultural , wildlife management or timber use , and the Owner is not in violation of this agreement. (b.) The provision in subparagraph (a) abo v e i s void and City may annex all or any part of Property "A " if: (i) Owner files an y type of subdivision plat for all or any part of Property "A " in the Real Property Records of Tarrant County, T exas; (ii) Owner subdivides all or any part of Property "A " by a metes and bounds description , a deed of conv eyance, a contract for deed , by using a contract of sale or other ex ecutory contract to conve y, or by using an y other method to subdivide an y area of Property "A"; (iii) Owner files any relat ed dev e lopment document for such area with a condemning authority that has jurisdiction ov er Prop ert y "A "; (iv) any structures or improv e ments are placed on the property that are not consistent with agricultural , wildlife management or timber use ; 2 (v) the property ceases 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; or (vi) Owner is in violation of this agreement. (c .) These provisions do not prohibit annexation with the consent of the Owner. (d.) The foregoing notwithstanding, if Owner conveys an easement or easements to third parties for a public or private utility (such as gas , electricity , water or telecommunications) across Property "A," or if any part of Property "A" is taken in eminent domain by a condemning authority for utility easements , pipeline easements, streets, roadways or rights of way ( or if a conveyance is made by Owner in lieu of a condemnation for such purposes, such taking or conveyance (and any required plat or replat required to effect such taking or conveyance) shall be deemed NOT to be subdividing or a subdivision of Property "A" for the purposes of this agreement. Further, a conveyance dividing all or a part of Property "A" into parcels in excess of five (5) acres using a metes and bounds description that does not lay out suburban, building or other lots and where no public improvement is being dedicated, shall be deemed NOT to be subdividing or a subdivision of Property "A" for the purposes of this agreement. 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 Property "A." Such regulations and planning authority may be enforced as they now exist or may hereafter be established or amended. This Agreement shall NOT be deemed a permit for the purposes of Texas Local Government Code Chapter 245. Except as specifically set forth herein to the contrary, from and after the effective date of this agreement, the Owner consents to the applicability of all regulations and planning authority (hereinafter referred to as "City Encumbrances") 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 , building , mechanical, plumbing, residential, energy and fire codes, building permit requirements, minimum building standard codes, environmental protection and compliance and health codes , the gas drilling and production ordinance and other City regulations as they currently exist or may be enacted in the future. Provided, however, any structures , equipment, or operations currently existing on or with respect to Property "A," that do not meet the requirements of the City Encumbrances will be deemed to be legal pre-existing non- conforming uses and shall be "Grandfathered" both before and subsequent to annexation by the City , provided that, after annexation, no structural additions, alterations , extensions or repairs are made except those required by law or ordinance and said use does not cease to be used in a bona fide manner for a continuous period of 24 cons e cutive calendar months . In addition , unless Owner and City otherwise agree to the contrary, any subdivision plat or related development document (including zoning regulations) for the area filed with a governmental entity having jurisdiction over the property either before or subsequent to annexation wi ll be in conformance with the following development and use standards , to wit: 3 a. The configuration of the streets and blocks shall be substantially the same as indicated on the Preliminary Plat (herein so called) attached hereto as Exhibit "X " entitled "A Revised Preliminary Plat for the Parks at Oak Club." b . Previous engineering reports and studies prepared, submitted and accepted by the City relating to said Preliminary Plat will be respected , heeded and followed , including without limitation the Traffic Impact Analysis and engineering report, the Water System and Infrastructure Capacity Demand Analysis , the Sanitary Sewer System Capacity Analysis and the Storm Water Drainage Analysis and Detention Study. Provided however, Owner will conform to the City's street design standards , drainage design criteria and sewer development standards existing in effect upon the development of the property. c. The land usage of Property "A" shall be as follows: (1) Block 19 , Lot 35X -unrestricted neighborhood commercial uses to provide neighborhood services of a commercial, retail , institutional, restaurant and office nature. (2) Block 19 , Lot IX -community facility uses . (3) Block 19 , Lot 2X -agricultural uses. (4) Block 17 , Lot 28 -multifamily uses with the density not to exceed eighteen (18) units per acre . (5) Blocks 13; 14; 15; 16; 17; 18; 20; 21; 22 ; Block 12, Lots 1-32; and Block 19 , Lots 1-102 -single family residential uses with a density not to exceed 5.5 units per acre. ( 6) Block 12 , Lot IX -open space. 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 Property "A." 4. 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 and/or Section 43 .035 of the Texas Local Government Code , whichever comes first. If upon the expiration of the initial five (5) year term Property A is still 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, then the City shall renew this agreement for one additional five (5) year term under the same terms and conditions. 5. Agreement a Covenant Running With the Land. This agreement shall be recorded in the Real Property Records of Tarrant County , Texas , and shall be a covenant running with the land binding upon all parties having any right , title or 4 interest in Property "A" or any part thereof, including their heirs , successors and assigns, and shall inure to the benefit of the owners of Property "A" and to the City. This agreement may not be revised or amended without the written consent of bo th parties . 6. Notice of Sale of the Property and Annexation. Prior to the sale or conveyance of any portion of Property "A" by a metes and bounds description, a deed of conveyance, a contract for a deed, by using a contract of sale or other executory contract to convey, or by using any other method, 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. 7. 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. 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: Dick Elkins DBE Realty Investments 128 South Saginaw Blvd. Saginaw, Texas 76179 8. 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. 9. 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. 10. Governmental Powers. It is understood that by execution of this agreement, the City does not waive or surrender any of its governmental powers . 11. Captions. Captions and headings u~ed in this agreement are for reference purposes only and shall not be deemed a part of this agreement. 5 12. 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 agreem ent. 13. Governing Law and Venue. Venue shall be in the state courts loc ated in Tarrant County, Texas or the United States District Court for the Northern District of T exas , Fort Worth Division and construed in conformity with the provisions of Texas Local Government Code § 4 3.035 and§ 212.172 . 14. Counterparts. This Contract may be executed in multiple counterparts , each of which will be deemed an original , but which together will constitute one instrument. IN WITNESS WHEREOF, the partie s 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 State of Texas § Contrac t Au t h or izat ioa ID ls: b}~ Da t e County of Tarrant § flA This instrument was acknowledged before me on the ~ day of noVtM ~ by Fernando Costa, Ass i stant City Man ager of the City of Fort Worth , a Texas corporation, on behalf of said corporation. LINDA M. HIRRLINGER MY COM Mi SSION EXP IRE S February 2, 201 4 , 2010 , municipal 6 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Stacey Bo az Donald son Stephanie Boaz N,mnette Boaz Rix Ru sty D . Boaz R andal W . Boaz Pegg y Boaz Fallin Nanc y Boaz 7 Mittie Boaz Carole Elder Richard Michael Boaz, Jr. Rob ert E . Bo az Donna Boaz Wade J ef C. Russell III Donna J. Landers DBE Realty in ve s tment s . LT D .. a Texa s limited pa ttners hip By : DBE Realty Management r---LLC, its general f'"r~ B(;)J Dick Elkins , Manager OVlNER William Jesse Boaz III Stephanie iloaz Nannette Boaz Rix -------·------ Rusty D. Boaz Randal W . Boaz Peggy Boaz Fallin Nancy Boaz Hazel H. Boaz 7 Wilson Dale Boaz Mittie Boaz Carole Elder Richard Michael Boaz, Jr. Robert E. Boaz Donna Bua:t: Wade Jef C. Russell III Donna J. Landers DBE Realty Investments, LTD., a Texas limited partnership By: DBE Realty Management, LLC, its general partner By: ------------Dick Elkins, Manager OWNER William Jesse Boaz III Stacey Boaz Donaldson Stephanie Boaz Nannette Boaz Rix Rusty D. Boaz Randal W . Boaz Peggy Boaz Fallin Nancy Boaz Hazel H. Boaz 7 Wilson Dale Boaz Carole Elder Richard Michael Boaz, Jr. Robert E. Boaz Donna Boaz Wade J ef C. Russell III Donna J . Landers DBE Realty Investments, LTD., a Texas limited partnership By: DBE Realty Management, LLC, its general partner By:------------ Dick Elkins, Manager OWNER William Jesse Boaz III Stacey Boaz Donaldson Na1111ette Boaz Rix Rusty D. Boaz Randal W . Boaz Peggy Boaz Fallin Nancy Boaz Hazel H. Boaz 7 Wilson Dale Boaz Mittie Boaz Carole Elder Richard Michael Boaz, Jr. Robert E. Boaz Donna Boaz Wade Jef C. Russell III 001111a J. Landers DBE Realty Investments, LTD., a Texas limited partnership By: DBE Realty Management, LLC , its general partner By: _________ _ Dick Elkins, Manager OWNER William Jesse Boaz III Stacey Boaz Donaldson Stephanie Boaz Nannette Boaz Rix Rusty D. Boaz Randal W . Boaz Peggy Boaz Fallin Nan cy Boaz Hazel H. Boaz 7 Wilson Dale Boaz Mittie Boaz COJt&& Qdµv Carole Elder Richard Michael Boaz, Jr. Robert E. Boaz Donna Boaz Wade Jef C. Russell III Donna J. Landers DBE Realty Investments , LTD., a Texas limited partnership By: DBE Realty Management, LLC, its general partner By: __________ _ Dick Elkins, Manager OWNER William Jesse Boaz III Stacey Boaz Donaldson Rusty D. Boaz Randal W. Boaz Peggy Boaz Fallin Nancy Boaz Hazel H. Boaz 7 Wilson Dale Boaz Mittie Boaz Carole Elder Richard Michael Boaz, Jr. Robert E. Boaz Donna Boaz Wade Jef C. Russell III Donna J. Landers DBE Realty Investments, LTD., a Texas limited partnership By: DBE Realty Management, LLC, its general partner By:------------ Dick Elkins, Manager OWNER William Jesse Boaz III Stacey Boaz Donaldson Stephanie Boaz annette Boaz Rix Rusty D . Boaz Randal W . Boaz Peggy Boaz Fallin ancy Boaz Hazel H. Boaz Wilson Dale Boaz 8 Mittie B oaz Robert E. Boaz Donna Boaz Wade J ef C. Russell III Donna J. Landers DBE Realty Inv estments, LTD., a Texas limited partnership By: DBE Realty Management, LLC , its general partner By : ___________ _ Dick Elkins. Manager 0\v--:\F R W ill iam Jesse Boaz Ill Stacey Boaz Dona ldson Stephanie Boaz 'annene Boaz Rix ~~ --·····-·····-------·-····--·------- Ru ty D. Boaz Randal W. Boaz Pe ggy Boaz Fallin . ancy Doaz I lazcl H. Boaz 7 Wil on Dale Boaz Mittie Boaz Carole Elder Richard Michael Boaz, Jr. Robert E. Boaz Donna Boaz Wade Jef C. Russell III Donna J. Landers DBE Realty Investments. LTD .. a Texas limited partnership By: DBE Realty Management. LLC', its general partner By:---------- Dick Elkins, Manager OWNER William Jesse Boaz III Stacey Boaz Donaldson Stephanie Boaz Nannette Boaz Rix Rusty D. Boaz Randal W. Boaz Peggy Boaz Fallin Nancy Boaz Hazel H . Boaz Wilson Dale Boaz 8 Mittie Boaz Carole Elder Richard Michael Boaz, Jr. k~-~ Robert E. Boaz Donna Boaz Wade Jef C. Russell III Donna J . Landers DBE Realty Investments, LTD., a Texas limited partnership By: DBE Realty Management, LLC , its general partner Dick Elkins, Manager O~ER W ii I iarn Je ss e Boaz ITT Stacey Hoaz l)onaldson Stephanie Boaz Na nnette Bo az Rix Ru s t y D. Boaz Peggy Boaz Fa llin Na ncy Boaz t I azel l I. Boaz 7 Wil son Dale Boaz Mittie Boaz Carole E lder Richard Michael Boaz, Jr. Robert E. Boaz Donna Boaz Wade Jcf C. Russell l1I Donna J . J ,anders DBE Realty Inves tments, LTD., a Texas limited pa1tnership By: DBE Realty Management, LT ,C, its general parl11er By:------------ Dick Elkins, Manager OWNER W illiam Jesse Boaz III Stacey Boaz Donaldson Stephanie Boaz Na m1 ette Boaz Rix Ru sty D. Bo az Randal W. Boaz Pe ggy Boaz Falli n Nancy Boaz Hazel H. Boaz 7 Wilson Dale Boaz Mittie Bo az Carole Elder Richard Michael Boaz, Jr. J ef C. Russell III D o nna J. Landers DBE Realty Investments , LT D., a T exas limited partnership B y: DBE Realty Management, LLC, its general partner By:------------ Dick Elkins, Manager OWNER William Jesse Boaz III Stacey Boaz Donaldson Stephanie Boaz Naimette Boaz Rix Rusty D. Boaz Randal W. Boaz Nancy Boaz Hazel H. Boaz 7 Wilson D ale Boaz Mittie Boaz Carole Elder Richard Michael Boaz, Jr. Robert E. Boaz Donna Boaz Wade Jef C. Russell III Donna J. Landers DBE Realty Investments, LTD., a Texas limited partnership By: DBE Realty Management, LLC, its general partner By:------------ Dick Elkins, Manager OWNE R William Jesse Boaz III Stacey Boaz Donaldson Stephanie Boaz Nannette Boaz Rix Rusty D. Boaz Randal W . Boaz Peggy Boaz Fallin Nancy Boaz Hazel H. Boaz 7 Wilson Dale Boaz Mittie Boaz Carole Elder Richard Michael Boaz, Jr. Robert E. Boaz Donna Boaz Wade Dom1a J. Landers DBE Realty Investments, LTD ., a Texas limited partnership By: DBE Realty Management, LLC, its general partner By:------------ Dick Elkins, Manager OWNER Will i am Jesse Boaz III Stacey Boaz DonaJdson Stephanie Boaz Nannette Boaz Rix Ru s ty D. Boaz Randal W . Boaz Peggy Boaz Fallin Hazel H. Boaz 7 Wilson Dale Boaz Mittie Boaz Carole Elder Richard Michael Boaz, Jr. Robert E. Boaz Donna Boaz Wade J ef C. Russell III Donna J. Landers DBE Realty Investments, LTD., a Texas limited partnership By: DBE Realty Management, LLC, its general partner By: _________ _ Dick Elkins, Manager OWNER William Jesse Boaz Ill Stacey Boaz Donaldson Stephanie Boaz Nannette Boaz Rix Rusty D. Boaz Randal W . Boaz Peggy Boaz Fallin Nancy Boaz Hazel H. Boaz 7 Wilson Dale Boaz Mittie Boaz Carole Elder Richard Michael Boaz, Jr. Robert E. Boaz Donna Boaz Wade J ef C. Russell III ~e~sg~ DBE Realty Investments, LTD., a Texas limited partnership By: DBE Realty Management, LLC, its M p~tner ..... Bi: ;14~ Dick Elkins, Manager STA TE OF TEXAS § '--i.. . A A ,.J. § COUNTYOF~ § BEFORE ME, the undersigned authority, on this day personally appeared William .Jesse Boaz HI, known to me to be the person whose name is subscribed to the foregoing in strument and ackno wledged to me that he executed the same for the purpose and consideration therein expressed. G i vc nundcrmyhand and sealofofficethi sthe /3 dayof ¥ ,2010. e DANASTACY NOTARY PUBLIC State of Texas Comm . Exp. 01/31/2013 ST ATE OF TEXAS COUNTYO~ § § § Nota Public in an d for The State of TEXAS BEFO R E ME. the undersigned authority, on th.is day personally appeared Wilson ])ale Boaz . known to me to be t he person whose name is su bsc1ibed to the foregoing instrument , and acknowledg ed to me that he executed the same for the purpose and consideration therein expressed . Given under my hand and sea l of otlice this the ,:,Z day ofr; , 2010 . ,-i~~ PATRICIAA.PARKER ~ 1 /1 ~ {~:.J\\'.:,1 MYCOMMI SSIONEXPIRES ~ Gt.. ~ '-,!(r;,¥r,'J~··· July 16, 2011 Notary Public in and for STA TE OF TEXAS COUNTY OF The Sta te of TEXAS BEFORE ME, the undersigned authority, on this day pers o nall y appea red Stacey Boaz Donaldson , known to me to be the person whose name is subscribed to the foregoing instrument. and acknowledged to me that she executed the same for the purpose and consideration th erein expressed. Given under my hand and sea l of of!ice this the ___ day of _____ , 2010 . 8 Notary Public in an d fo r The State of TEXAS STATE OF TEXAS § § COU)JTY Of _____ § BEFORE ME, the undersigned authority, on this day personally appeared William Jesse Boaz ill, known to me to be the person whose name is subscnbed to the foregoing instrument, and acknowledged to me that he executed the same for the purpose and coru;iderdlion tht:n:in expr~st:<l. Given under my band and seal of office this the day of 2010. STATE OF TEXAS § § COUNTY OF _____ § Notary Public in and for The State of TEXAS BEFORE ME, the undersigned authority, on this day personally appeared Wilson Dale Boaz, known to me to be the person whose name is subscribed to the foregoing instrument, and acknow ledged to me that he executed the same for the purpose and consideration therein expressed . Given under my hand and seal of office this the day of , 2010 . STATF. OF TEXAS COUNTYoF Sft.phen~ § § § Notary Public in and for The State of TEXAS BEFORE ME, the undersigned authority, on this day personally appeared Stacey Boaz Donaldson, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purpose and consideration therein expressed. Given under my hand and seal of office this the Zo day of ty\Q.µ~ , 2010. -,........., ,:"f";':.V.. ~~.< CHERI BATES ~ 0 ',i" N Pb" .~. ,n Ota/)' U he I*• '* .. \."~· ,',. S1 AfE-OFTEXAS ~,'f ;,; ~~"'.t~· M} Comm Exp Fe1 ...... ~ 9, 2014 "''""''""" u, ..... :, 8 Notary Public in and for The State of TEXAS STATE OF TEXAS ·-COUNTYOF I ay/ov § § § BEFORE ME, the undersigned authority, on this day personally appeared Mittie Boaz, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purpose and consideration therein expressed . Given under m hand an ;fl ,./1 _ '~ay of WVil { , 2010 . ,,,,~~~·~;;;,,,, JEFFERY M . BACHER lfXt""'= Notary Publi c, State of Texas !}(& -----= \l~./ = My Comm is s ion Expires M ~~ \~~;;,;,,\$,~ January 24, 2013 · • l,b~'''~'"~"'·~·'~;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;~Not ltc in and for STATE OF TEXAS COUNTY OF ____ _ § § § The State of TEXAS BEFORE ME, the undersigned authority, on this day personally appeared Stephanie Boaz, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purpose and consideration therein expressed. Given under my hand and seal of office this the ___ day of _____ , 2010 . STATE OF TEXAS § § COUNTYOF _____ § Notary Public in and for The State of TEXAS BEFORE ME, the undersigned authority, on this day personally appeared Carole Elder, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purpose and consideration therein expressed. Given under my hand and seal of office this the ___ day of _____ , 2010. 9 Notary Public in and for The State of TEXAS ~cJ._8 STATE OF 1 ;-_;:.:__.:.c:~ COUNTYOF ~r) § § § BEFORE ME, the undersigned authority, on thi.s day personally appeared .Mittie Boaz, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged (o me that she executed the same for the purpose and consideration therein expressed. Given under my hand and seal of office this the day of , 2010. ~SAB> STATE OF ". ~ .:::-;:::.; COUNTYOF ~ § § § Notary Public in a nd for The State of ~~(;j/3, ~~"" · ·'PORE ME, the undersigned authority, on this day personally appeared Stephanie Bo.ar, · ~~'~t:,~~t o be the person whose name is subscribed to the foregoing instrument, and acknowledged /~.f,o~Mi~. xecuted the same for the purpose and consideration therein expressed. ffO: .... \QTARY \~ , ~--.1: ~ ,. : /.'/I\S~-\t ~ ~ \ •• ,aivj:. der my hand and seal of office this the~ day of , 2010 . \~-. PUB~ :~ ~"A~•. I \~ ·~· ~ ... ~y'),. •• ·9· •• -,,,,,,:,,Pi·.ico~~ 1,,,,,,...;;;..-~·· (l(Z.-tL410 s. ~ STATE OF ·r :<:;.~: COUNTYOF ~ § § § BEFORE ME, the undersigned authority, on this day personally appeared Carole Elder, known tn me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that s he executed the same for the purpose and consideration therein expressed. Given under my hand and seal of office th.is the ___ day of _____ , 2010. 9 STATE OF TEXAS COUNTY OF ____ _ § § § BEFORE ME, the undersigned authority, on this day personally appeared Mittie Boaz, known to me to be the person whose name is subscribed to the foregoing instrument , and acknowledged to me that she executed the same for the purpose and consideration therein expressed. Given under my hand and seal of office this the day of , 20 I 0. STATE OF TEXAS § § COUNT Y OF _____ § Notary Public in and for The State of TEXAS BEF ORE ME, the undersigned authority, on this day personally appeared Stephanie Boaz, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purpose and consideration therein expressed . Given under my hand and seal of office this the ___ day of _____ , 2010 . STATE OF TEXAS COUNTYOF ~fbs § § § Notary Public in and for The State of TEXAS BEFORE ME, the undersigned authority, on t his day personally appeared Carole Elder, known lo me to be the person whose name is subscribed to the foregoing instrument, and acknowledg ed to me that she executed the same for the purpose and consideration therein expressed. Given under my hand and seal of office this the Cf> day of J U:::1'.\ e.... , 20 IO. 9 ~~~~ Notary Public in and for The State of TEXAS ST ATE OF TEXAS § § COUNTY OF 'Jo.1f4C\Y\t § BEFORE ME, the undersigned authority, on this day personally appeared Nannette Boaz Rix, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purpose and consideration therein expressed. Given under my hand and seal of office this the ~gti-day of m51 , 2010. -. ··--'~....._.~.__.,., , ey TARU PAREKH .~~ • Notary Publi~, ~tate of .Texas ... ~,, My Comm1ss1o n Expires ~/l Of November 5, 2013 STATE OF TEXAS § § COUNTY OF _____ § Notary Public in and for The State of TEXAS BEFORE ME, the undersigned authority, on this day personally appeared Richard Michael Boaz, Jr., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purpose and consideration therein expressed. Given under my hand and seal of office this the day of , 2010. STATE OF TEXAS § § COUNTY OF _____ § Notary Public in and for The State of TEXAS BEFORE ME, the undersigned authority, on this day personally appeared Rusty D. Boaz, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purpose and consideration therein expressed. Given under my hand and seal of office this the day of 2010. 10 Notary Public in and for The State of TEXAS State of Tex as County of ______ _ § § § B E FORE M E, the undersigned authority, on this day personally appeared Nannette Boaz Rix , known to me to be the person w hose name is subscribed to the foregoing instrument, and acknowledged to me that she ex ecuted the same for the purposes and consideration therein expressed. Gi ven under m y hand and seal of office this the ___ day of ______ , 2010 . State of Texas § /\ § County of l.Jr t?f1 § otary Public in and for The State of T E XAS BEFORE ME, the undersigned authority, on thi s day personally appeared Richard Michael Boaz, Jr., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed . Giv en under m y hand and seal o f office this the J3 day of f/11if- .~\ BRANDIN KYLE KEEN :*f~l *: ~ Public State of Texas ··"&.~ .. , .. ,_.., ._~~·COMM.EXP. 06-13-2012 12 otary Public in and fo<;:- The State o f T E XAS , 2010. STATE OF T EX S COC:STY O F ____ _ BEFORE .\.1E . t he undersigned aut hority. o n this day personally appeared N ann e tte Boaz Ri ~now n to me to be the person whose na m e i s subscribed to th e foregoing instrument. and acknowledged ro me that she executed the same for the purpose a nd co nsidera t ion therein expressed. (iivcn u nder my lrnn I and .ea l of office th is the ___ dayof ______ ,. 2010. STATE OF TEXAS COUNTY OF ____ _ otary Public in and for The State of TEXAS BEFORE ME, the undersigned a u thor ity, o n th is day personally appeared Richard M icha e l Boaz. Jr., kn wn co me to be the person whose na me is subsc1ibed to the forego ing instrument, a nd acknowledged to me that he executed the same for the p urpose and consideration therein expressed. Gi v en under my hand and seal of office this the day of • 2010. STATE OF TEXAS co NTY OF Oa ,l\M § § § o tary Pub lic in and for The State of TEX S BEFORE ME. the undersigned a u thority, on this d ay personally appeared Rusty D. Boaz, ·nm n to me to be the person whose name is subscribed to the foregoing instrument. and acknowledged to me t hat he executed the . ame for the purpose and \:onsi d eralion therein expre sed. Given under m , hand and seal l>f offil;e this t he l v{ d ay of ,-.-~ , 20l 0 . EUZ.ABETH 8. AWE MY COMMISS ION EXPIRES Maleh 10, 2014. 10 State of Texas County of _____ _ § § § BEFORE ME, the undersigned authority, on this day personally appeared Rusty D. Boaz, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this the ___ day of ______ , 2010. State of Texas § § § Notary Public in and for The State of TEXAS BEFORE ME, the undersigned authority, on this day personally appeared Robert E. Boaz, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this the e6 '! '*"day of ~ fy , 2010. The State of TEXAS 13 ST A TE OF TEXAS c ou_ T Y Ol" ____ _ § § § 13EFORE ME, the undersigned authority, on this day personally appeared Robert :E. Bou .. known to me to be the person whose name is subscribed to the foregoing in strument, and acknowledged to me that he executed the same for the purpose and consideration therein expressed. Given under my hand and seal of office this the ___ day o f _____ , 2010. ST !\Tf. OF TEXAS § COLJNT Y OF ~ i N o tary Public in and for The St ate of TEXAS BEFORE ME, the undersigned authority, on this day personally appeared Randal W. Boaz. kno wn to me to be the person whose name is subscribed to the foregoing instrument, and acknowle<lgt'd ro me th a t he executed the same for the purpose a nd consideration therein expressed. G iven under my hand and seal of office this the ........ ****************************! ,,,,,•"y'p<';,'•, ANNA EAS TER ; !R*-'<';:, Notary Public : ~tr: :tt,i STATE OF TE XAS i \<'>i. :~~! My Commi ssion : ',,,,:!,~c;~,,$ Exp ires 09/12/2012 : ..... ~;~;-. .......................... : STATE OF TEXAS COUNTY OF ____ _ § § § d,~ayof /Y);r~ , 20!0. iPM-L fl .~ Notary Public in and for The State of TEXAS HEFORE ME, the undersigned authority, o n this day personally a ppeared Donna Boaz Wade. kn own to me lo be the person whose name is subscribed to the fore going in strument, and acknowled ged to me that s he executed the same for the purpose and consideratio n therein expressed. Gi ven under my hand a nd seal of office this the ___ day o f _____ _, 2010. 11 No ta ry Public in and fo r The State of TEX AS • ST A TE OF T EXAS CO UNTY OF ____ _ § § § BEFORE ME, the undersigned authority, on this day personally appeared Robert E. Boaz, known to me to be the person whose name is subscribed to the foregoing in stnnnent, and acknowledged to me that he executed the same for the purpose and consideration therein expressed . Given under my hand and seal of office this the ___ day o f _____ , 2010 . ST ATE OF TEXAS COUNTY OF ------ § § § Notary Public in and for The State of TEXAS BEFORE ME, the undersigned authority, on this day personally appeared Randal W. Boaz. known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purpose and consideration therein expressed. Gi ven under my hand ~md seal of office this tbe ___ day of _____ , 20 10. STATE OF TEXAS COUNTY OFSr~ § § § Notary Public in and for The State of TEXAS BEFORE ME, the undersigned authority, on this day personally appeared Donna Boaz Wade, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purpose and consideration therein expressed . Given under my hand and seal of office th.is the .~--~~itt;~,,, CARROL KAN~OY f~~v('l\ Notary Publtc t"r..JlS(_:trJ STATE OF TE).(AS \~. ·:fit/ My Comm1ss1on ',,,,,,,~ ..... ,,,' Exoires 06/19/2011 11 JW.yof~ ~~ N otary Public in and for The State of TEXAS , 2010. STATE OF TEXAS § § COUNTYOFc1:vi A.et~ BEFORE ME, the undersigned authority, on this day personally appeared Peggy Boaz Fallin , known to me to be the person whose name is subscribed to the fore going in strument, and acknowledged to me that she executed the same for the purpose and considerat10n therem exP.ressed. Given undcr my hand and seal ofoffice this the ~O day of~ 20 l 0 . CAROL M. KLAUER {1 ~ Notary Publi~, S_tate of Texas ~~ My Comm1ss1on Expires Notary Public in and'o~ April 22, 2012 T he State of TEXAS ST ATE OF TEXAS C OUNTY OF ____ _ § § § BEFORE ME, the undersigned authority, on this day personally appeared Jef C. Russell III, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me th at he executed the same for the purpose and consideration therein expressed, in the capacity therein stated. Gi ven under my hand and seal of office this the day of , 2010. --------- STATE OF TEXAS COUNTY OF ____ _ § § § Notary Public in and for The State of T EXAS BEFORE ME, the undersigned authority, on this day personally appeared Nancy Boaz, known to me to be the person whose name is subscribed to the foregoin g instrument, and acknowledged to me that she executed the same for the purpo se and consideration therein expressed. Given under my ha nd and seal of office this the ___ day of ______ , 2010. 12 Notary Public in and for The State of TEXAS ST ATE OF TEXAS COUNTY OF ____ _ § § § BEFORE ME, the undersigned authority, on this day personally appeared Peggy Boaz Fallin, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purpose and consideration therein expressed. Given under my hand and seal of office this the day of 2010 . STAT E OF TEXAS § § COUNTY OF _____ § Notary Public in and for The State of TEXAS BEFORE ME, the undersigned authority, on this day personally appeared Jef C. Russell ill, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purpose and consideration therein expressed, in the capacity therein stated. STATE OF TEXAS COUNTY OF <i'"u ·n u/\:1'. § § § Notary pi{f>t'ic 7 and for The State of TEXAS , 2010. BEFORE ME, the undersigned authority, on this day personally appeared Nancy Boaz, known to me to be the person whose name is subscribed to the foregoing instrument , and acknowledged to me that she executed the same for the purpose and consideration therein expressed. Given under my hand and seal of office this the ___ day of _____ , 2010 . 12 Notary Public in and for The State of TEXAS STATE OF TEXAS COUNTY OF ____ _ § § § BEFORE ME, the undersigned authority, on thls day personally appeared Peggy Boaz Fallin , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purpose and consideration therein expressed. Given under my hand and seal of office this the ___ day of _____ , 20 l 0 . STATE OF TEXAS COUNTY OF ____ _ § § § Notary Public in and for The State of TEXAS BEFORE ME, the undersigned authority, on this day personally appeared Jef C. Russell ID, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purpose and consideration therein expressed, in the capacity therein stated. Given under my hand and seal of office this the day of , 20 l 0. --------- 1'1, 's.si s~;;,;;~ ST ATE OF ::FBftrS coUNTY oF HvnSts vt § § § Notary Public in and for The State of TEXAS BEFORE ME, the undersigned authority, on this day personally appeared Nancy Boaz, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purpose and consideration therein expressed. Given under my hand and seal of office this the %"~day of /l14i. , 2010 . . ,' ····-.. _ CkJL Notary Public in and for The State ofi:a:&\:S Mi.ssi55~-, 12 ST ATE OF TEXAS COUNTY OF ~ r r e,. J § § § BEFORE ME, the undersigned authority, on this day personally appeared Donna J. Landers. known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purpose and consideration therein expressed. Given STA TE OF TEXAS § § COUNTY OF _____ § /Va~,2010. Notary<bi~?n and t e_~ The State of TEXAS BEFORE ME, the undersigned authority, on this day personally appeared Hazel H. Boaz, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purpose and consideration therein expressed, in the capacity therein stated. Given under my hand and seal of office this the ___ day of _____ , 2010 . ST ATE OF TEXAS COUNTY OF ____ _ § § § Notary Public in and for The State of TEXAS BEFORE ME, the undersigned authority, on this day personally appeared Dick Elkins, Manager of DBE Realty Management, LLC. General Partner of DBE Realty Investments, LTD., a Texas Limited Partnership, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that be executed the same for the purpose and consideration therein expressed, in the capacity therein stated. Given under my hand and seal of office this the ___ day of ______ , 2010. 13 Notary Public in and for The State of TEXAS State of Texas County of ------ § § § BEFORE ME , the undersigned authority, on this day personally appeared Donna J. Landers, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed . Given under my hand and seal of office this the ___ day of ______ , 2010. State of Texas § County of ~ ~ Notary Public in and for The State of TEXAS BEFORE ME, the undersigned authority, on this day personally appeared Hazel H. Boaz, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein ex pres sed . Given under my hand and seal of office this the day of_<~¥-=,,,«'~·--' 2010. e DANASTACY NOTARY PUBLIC State of Texas Comm . Exp . 01/31/2013 State of Texas § § The State of TEXAS Countyof ~ § BEFORE ME, the undersigned authority, on this day personally appeared Dick Elkins, Manager of DBE Realty Management, LLC, General Partner of DBE Realty Investments, LTD., a Texas Limited Partnership , known to me to be the person whose name is sub scribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated. Gi ve n under my hand and seal of office this the /3 day of_~c~1~~.,,--~--' 2010. e DANASTACY NOTARY PUBLIC State of Texas Comm . Exp . 01/3 1/2013 \\Sr I \F irmV WS\Developme nt Agreeme nt .doc After Recording Return To: City Secretary City of Fort Worth 1000 Throckmorton St. Fort Worth, TX 76102 Notary Public in andfor The State of TEXAS ci lJ ).. ct "' :,. ~ .., Cl ci lJ .. _.., ct ~l:) lJ (l "'. ~(I) "'"' "' ct'" Cl • ~~ N l[) '<T <.D l[) uJ i:.o N v 0 a a z 100 0 t GRAPHIC SCALE IN FEET PARK DRIVE (COUNTY ROAD 4040) N89° 4 2' 33 " E 823. 63 ' S00° I 7 ' 27" E ..,,,.,,-280. 00 ' N89° 4 2' 33 " E 785. 00' t:. = L = R = L C= 101°49 '3 4" 88. 86 ' 50. 00 ' S31°2 6 '01 "E 7 7. 6 2 DBE RE ~LTY INVESTMENTS, LTD. VOL. 16417, PG .167 C.R. T.C. T. APPROX I IJAT E SUR VE 'I L I NE IHEXAT /C>I L /NITS I DR0/NIJNC£ NO . 1'66• I PA RK DRIVE (COUNTY ROA D 4040) ~I ccu,.,rr DBE REALTY INVESTMENT S , LTD . VOL. /64/7 ,PG .167 C.R .T .C.T . CENTEX HOMES INSTRUMENT NUH8[R 02053 /3853 C.R . T.C . T. = 76°37' 31" = 775. 6 7 ' = 580. 00 ' 538° 19 ' 49 " E 719. I 4 ' L7 I PARl<S AT BOAT CLUB PHASE' 3A CAB/N[T A. SL JO[ //979 P.R.T .C .T. -----·--·-----··-----------·-----·---·-·· a 1/) <.D ,..._ uJ co N v 0 C) a z NO BEARING DISTANCE L I N82° 35' 15" E 150. 06 ' L 2 S I 9° 1 4' 0 4 " E 137. 00 ' L 3 S00° 01 ' 5 2 " W I I 0. 44' L 4 586° 26' 00" E 141.88' L 5 575°12 '31"E 41. I 6' L 6 SI 3° 2 1' 26 " W I I 7. 37' L 7 SO 0° 0 I ' 0 3" E 14. 03 ' L 8 S45° 12' 05" E I 4. 1 O' L 9 589° 36 ' 54 " w 70. 00 ' L1 0 500°47' 2 7"W 4. 20 ' N89° 5 7 ' 06 " W 2394. 74 ' HALTOM-BAILEY-BOSWELL ROAD POINT OF BEGINNING NOTE • BASIS CF BEARING 15 THE WEST LIN[ CF THE PARK S AT BOAT CLUB, PHASE' 38. AN ADDITION TO THE C ITY CF FORT WORTH AS RECORDED IN CABINET A. SLID[ 1198/lJ, PL AT RECORDS. TAR RANT COUNTY . TEXAS. LIO [ ·I-I· /0 / ·I · I ·I· I· AN EXHIBIT OF 112.502ACRES OF LAND SITUATED IN THE C. T. WALTERS SURVE Y, ABSTRACT NUMBER 1696, THE B. THOMAS SURVE Y, ABSTRACT NUMBER 1497, ANO THE A.WH I TLE Y SURVE Y, ABSTRACT NUMBER 16 72, TARRANT COUNTY, TE XAS ·::,u 1 'dno.J~ [)u, .Jaau ! l)u3 sqo::,or .<q o 1 02 o, -1-4[) ! .J.<doJ ci z ,-..: I V) a:, ~ ~ ci u.J ~ u u.J I u u. a z <t ! 0 I--0 m ' ..... -"' ' :c ..... 0 u.J >< ..... <( 0 w "' 8 ~ 5 0 "' 0 0 co ,:;; 8 ..... a:, u z ~ "' 0 co 0 0 x -, w fl) ~ N ,.., V ' m a: ::, "' o ~ >. 0 ~ N ~!ii~ ,.., V ~tit§ ;; ' zO"° a:, p~ 0 .., .,_k ' ~2e .; . . LEGAL DESCRIPTION OF 112.502 ACRES OF LAND Being a tract ofland situated in the G.T. Walters Survey, Abstract Number 1696, the B. Thomas Survey, Abstract Number 1497 , and the R. Whitley Survey, Abstract Number 1672, Tarrant County, Texas, and being a portion of that tract ofland described by deed to DBE Realty Investments, LDT. recorded in Volume 16417, Page .167 of County Records , Tarrant County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at the southwest comer of said DBE Realty Investments , LTD . Tract, being in the north right-of-way line of Haltom-Bailey-Boswell Road (a variable width right-of-way) and being in the east line of that tract of land described by deed to Oncor Electric Delivery Co. recorded in Volume 2658, Page 309, said County Records; THENCE with the west line of said DBE Realty Investments, LTD. tract the following bearings and distances: N 00°14'28"E, 765.01 feet; N 00°14'26"E, 1564.52 feet to the northwest comer of said DBE Realty Investments , LTD. tract; THENCE N 89°42'33"E, 823.63 feet with the north line of said DBE Realty Investments , LTD . tract: THENCE S 00°l 7'27"E, 280.00 feet departing said north line; THENCE N 89°42'33"E, 785.00 feet ; THENCE N 82°35 '15"E, 150.06 feet to the east line of said DBE Realty Investments , LTD . Tract, being the northwest comer of that tract of land described to Centex Homes as recorded in Instrument Number D2053 l 3853, said County Records; THENCE with the west line of said Centex Homes Tract the following bearings and distances : S 19° 14 '04"E, 13 7 .00 feet; S 00°0 l '52"W, 110.44 feet to the beginning of a non-tangent curve to the right; with said non-tangent curve to the right, an arc distance of 88.86 feet, through a central angle of 101 °49'34", having a radius of 50.00 feet, the long chord of which bears S 31 °26'01 "E, 77.62 feet; S 86°26'00"E, 141.88 feet; Jacobs Job No . CB700218.005 .001.0002 S#FW32L J :\JOB \01432703\SUR\WP\LEG\4327exl0.doc exhibit A-1 'lY'~~-=1_ ot L . July 27, 2010 Page 1 of 2 -. .------..,---,-,.----------------------------------------- S 7 5 ° 12 ' 3 1 "E, 41.16 feet; S 13 °21 '26"W, 117.37 feet to the beginning of a non-tangent curve to the right; with said non-tangent curve to the right, an arc distance of 775.67 feet , through a central angle of 76°37'3 l ", having a radius of 580.00 feet , the long chord of which bears S 38°19'49"£, 719.14 feet; S 00°01 '03"£, 14 .03 feet; S 45°12 '05"E, 14.10 feet; S 89°36 '54"W, 70 .00 feet; THENCE S 00°01 '03"£, at 246.73 feet passing the northwest corner of The Parks at Boat Club, Phase 3B , an addition to the City of Fort Worth recorded in Cabinet A , Slide 11980, said Plat Records and continuing with the west line of The Parks at Boat Club, Phase 3B to its southwest corner, and the north right-of-way line of said Haltom-Bailey-Boswell Road, in all 1046 .73 feet; THENCE with said north right-of-way line the following bearings and distances : S 00°47'27"W, 4 .20 feet; N 89°57'06"W, 2394.74 feet to the Point of Beginning and containing 4,900,583 square feet or 112.502 acres of land, more orless. "This document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground strrVey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or _ reconfiguration of the boundary of the political subdivision for which it was prepared." Jacobs Job No. CB700218 .005 .001.0002 S#FW32L J :\JOB\01432703 \SUR\WP\LEG\4327exl0.doc Exhibit II -J- ~ Page_;_ of _ ~-_ --July 27 , 2010 Page 2 of 2 r T 4 � I'I �s`i : .�� ` ;_ � ,�_ ====__ 1\� �� _ !� � fr a �. ii ` FpE-: �; iii- � _ ; � 1 5 E•: a � �;�_` \ o� � �--=� . � _ E � -:�E - ' . � e ., ; 0 S7S t� � [ ^�'� 4i C:6' - J_ " _ -s� __. -- � i _ = r� `�-a f £ L _ S 6 S (: - S: Li 1f """ , 11/7/06 ✓ � ; �, � � �o��i� �fF� 1 �i i I; : ��, 1 � � ? �` �1,1 !� � • illl I O O � � � }1 �or �- � � 4 • :. 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' I , �.,1. .: Pn (A � 9. � - � �► . � . ��- ' 0 . . - r j �,� �� • � . � �. � �. � � a�P � 1':� .,n � � � �• ��• . � �� M �� II � U �' �� '• �. � /��V�� li 1. � • � �. ►: 4 � 11 � '��. 0 � 1 . 1 1 f 1 1! :� .� ,i� ;�. . � �: • . � � � / \ 1 11 � 11 ' • • � � � � � �� — .,�-_.. e` ts ; , � r �a'�' g. M l � � � � � l �� 1 � � ... . .. _...-., �,a:�,�.. � i s ` � � � . � � . .. �' e�'. �'�� " ° CQUNCi1. ACT�ON. Approved on`1�J5J�2010�� .� � GENERAL INFORMATION: DATE: Tuesday, October 05, 2010 LOG NAME: 065030 DEVELOPMENT AGREEMENTS 9-10 SUBJECT: REFERENCE NO.: **C-24507 Authorize the Execution of Development Agreements in Lieu of Annexation with Multiple Property Owners for Property Located Generally East of Boat Club Road and North of Bailey Boswell Road and with Multiple Property Owners for Property Located South of W.J. Boaz Road and West of Old Decatur Road (COUNCIL DISTRICT 7) 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 Boat Club Road and north of Bailey Boswell 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 south of W.J. Boaz Road and west of Old Decatur 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 23-1 and 29. Approximately 157.7 acres of land in Area 23-1, located generally east of Boat Club Road and north of Bailey Boswell Road in Tarrant County, qualify for the development agreement in lieu of annexation, as shown on Exhibit A. The heirs of the Boaz and Elkins families, through eighteen persons and one corporation, own the acreage in Fort Worth's extraterritorial jurisdiction near Bailey Boswell Road and Boat Club Road. On September 14, 2010, the signed development agreement for all the heirs was delivered to the City of Fort Worth. Also, approximately 47 acres of land in Area 29, located south of W.J. Boaz Road and west of Old Decatur Road in Tarrant County, qualify for the development agreement in lieu of annexation. Stephen Alexander, Hoyt and Betty Fincher, James and Janna Hamman, and J.D. and Shawnna Slatten own this property in Fort Worth's extraterritorial jurisdiction, shown on Exhibit B. On June 25, 2010, the last property owner signed his development agreement. 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 7. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. � , rm �m.� �,�,�a.�..,�.m,��,�....��..��,.N�,.�.�,�.,�.,,.,A�. ,��,�,o��.a �� ..,.KK�,�.,.a�,�� „�.�,m..�.,.�,�v,�,,....�n�,.,, .,�,��„�,., .,,� . r,.��,�.MW,. FUND CENTERS: 3 attachments found. � :� � TO Fund/Account/Centers FROM Fund/Account/Centers CERTIFICATIONS: ..w.� _,�.. ,. �,,�.,��.nM��,. . �6 � �,��,�w.��..�,_,,,,�,w�.� �-�.,�.Fl�e. �,. ��w �_�� Submitted for Citv Manaaer's Office bv: Oriainatina Denartment Head: Additional Information Contact: Fernando Costa (6122) Susan Alanis (8180) Beth Knight (8190) ATTAC H M E NTS �� e� ,��, � 1. Development Aqreement -Samnle 10-09.ndf (Public) 2. Exhibit A- Area 23-1 devel aareements.ndf (Public) 3. Exhibit B- Area 29 devel a4reements.ndf (Public) Q � .c s w .�-� � � � � � i � � C� Q � � W � � � � ca ° O� �o � o � � — a� V �, � �� ca � O � mQ �� 1 r M >► N ,� � � � •^ � � Q � � Q 3_ s� _mss �� g�°� � " 4€a� a � o �op� �" o � 5pag � -- �� a 3�?3 z=oz - a� 8�� o -- � N — O _ �� N � � — � O Q C � � Q o-- � � � �� > J � � � � O U W v a� 0 0 -fl � � i� � o o � C � � w N � �0 �}� J �° J Exhibit B �� = Legend � �' Fort Worth City Limits �� ETJ Subject to Development Agreement O Fort Worth ETJ O Adjacent City ■i =i ■I _� -. �.,, _�� ,�,... 0 0.125 0.25 0.5 Miles I i -i i - -_.. -s �---i—� :�,,.. -- -- -- -- ` Fox�� r,�� y � Planning & Development Department 9/17/SO - BK -� - ° - - -- --- — �i - -- ---- -- -- �� Area 29 - Old Decatur Road Enclave -� .� _i A�r�ru►��mately 47 Acres Subject to Development Agreement