HomeMy WebLinkAboutContract 41057CITY SECRETARY, I / O~ l
CONTRACT NO. 't ~ -
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN
REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
DEVELOPMENT AGREEMENT
TEXAS LOCAL GOVERNMENT CODE § 43.035
THIS AGREEMENT is made and effective this 1()-t\.... day of "1S~ , 20 \O , 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 William Jesse Boaz III , Wilson Dale Boaz, Devoe Enterprises, Inc. and Dick B.
E lkins , hereinafter collectively referred to as "th e Owner," whether one or more natural persons
or other legal entities, and is as follows:
WHEREAS, the Owner 's properties described in Exhibit "A," consisting of Property
"B" and Property "D," are located with in the extraterritorial jurisdiction of the City and are
subject to municipal annexation; and
WHEREAS, the City has notified the Owner of its intent to annex Property "B" and
Property "D" in order to assure that any development will be in conformance with the City's
Comprehensive Plan ; and
WHEREAS, Property "D" 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 ; and
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 develop m ent
agreement with the Owner pursuant to such section ; and
WHEREAS, the Owner desires to enter into an agreement to secure the continued
extraterritorial status of Property "D" and Property "B"; and
WHEREAS , City desires to enforce certain municipal land us e and de velo pment
regulations on Owner's property in the same manner as such regulations are enforced within the
City; and
WHEREAS , City and Owner desire to provide for the annexation of Owner's property
under the terms set forth herein ; and
WHEREAS, by entering into this agreement , the City and Owner acknowledge that it is
the intent of the parties that Property "D" be maintained in its agricultural state and condition ,
and that Propert y "B " not be further developed until after annexed into the City ;
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH , rx
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1.-J -1 : .J 1 I
NOW THEREFORE, in exchange for the mutual covenants, conditions and promises
contained herein , City and Owner agree as follows:
1. Identification of the Property.
(a) Property "D 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 the Tarrant County Tax Maps as Tract 6G, Tract 7 A,
and Tract 7A01 of the Benjamin Thomas Survey, Abstract 1497.
(b) Property "B" 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 the Tarrant County Tax Maps as Tract 6, Tract 6A,
Tract 6B , Tract 6D, Tract 6E , Tract 6F and Tract 6H of the Benjamin Thomas Survey, Abstract
1497.
2. Continuation of Extraterritorial Status/Annexation Upon Subdivision or Change of
Use.
(a) Property "D"
(1.) The City agrees not to annex Property "D" as long as Property "D" is not
subdivided, 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.
(2.) The provision in subparagraph (a)(l) above 1s void and the City may
annex all or any part of Property "D" if:
(i) Owner files any type of subdivision plat for all or any part of
Property "D" in the Real Property Records of Tarrant County, Texas;
(ii) Owner subdivides all or any part of Property "D" by a metes and
bounds description, a deed of conveyance , a contract for deed , by using a contract of sale or
other executory contract to convey, or by using any other method to subdivide any area of
Property "D";
(iii) Owner files any relat ed development document for such area with
a governmental entity that has jurisdiction over Property "D";
(iv) any structures or improvements are placed on the property that are
not consistent with agricultural , wildlife management or timber use;
(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
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(vi) Owner is in violation of this agreement.
(3.) These provisions do not prohibit annexation with the consent of the
Owner.
(4.) 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 "D," or if any part of Property "D" 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 "D"
for the purposes of this agreement. Further, a conveyance dividing all or a part of Property "D"
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 "D" for the purposes of this
agreement.
(b) Property "B"
(1.) The City agrees not to annex Property "B" and it shall remain m the
extraterritorial jurisdiction of the City as long as:
(i) This agreement is effective;
(ii) Property "B" is not further subdivided or developed after the
execution of this agreement; and
(iii) No additional structures or improvements are placed on Property
"B" after the execution of this agreement, except for normal and reasonable repairs and
maintenance to existing structures and improvements.
Notwithstanding the provisions of (1) above, if at any time (i) all or any part of Property "D" has
been subdivided by a metes and bounds description, a deed of conveyance, a contract for deed ,
by using a contract of sale or other executory contract to convey or by using any other method;
any structures or improvements are placed on Property "D" that are not consistent with
agricultural , wildlife management or timber use or if Property "D" 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
(ii) adequate water and sanitary sewer facilities are available to the property boundary line of
Property "B" with the capacities to service and sustain the presently existing development of
Property "B," whichever comes first , then Property "B" may be annexed by the City, and such
annexation shall be deemed to be with the consent of the Owner.
(2.) This provision does not prohibit annexation with the consent of the
Owner.
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(3.) 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 "B ," or if any part of Property "B" 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 "B"
for the purposes of this agreement. Further, a conveyance dividing all or a part of Property "B "
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 "B" 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 "D."
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.
The Owner consents to the applicability of all regulations and planning authority (hereinafter
referred to as "City Encumbrances") of the City , 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 for Property B and that do not interfere with the
use of the area for agriculture , wildlife management or timber for Property D. Provided ,
however, any structures, equipment, or operations currently existing on or with respect to
Property "D" and/or Property "B," 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
consecutive calendar months.
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 "B" and Property "D."
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.
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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
interest in Property "B" or Property "D" 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.
6. Notice of Sale of the Property and Annexation.
Prior to the sale or conveyance of any portion of Property "D" or Property "B" by a metes and
bounds description , a deed of conveyance, a contract for 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 prov ide 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 recei ved when deposited
in the U nited States mail so addressed with postage prepaid :
CITY:
Fernando Costa, Assistant City
Manager City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
Facsim ile 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 b e 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 surrend er any of
its governmental powers.
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11. Captions.
Captions and headings used in trus agreement ar e for reference purposes onl y and shall not be
deemed a part of this agreement.
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 agreement.
13. Governing Law and Venue.
Venue shall be in the state courts located in Tarrant County, Texas or the United States District
Court for the Northern District of Texas , Fort Worth Division and construed in conformity with
the provisions of Texas Local Government Code§ 43 .035 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 parti e s hav e signed and executed this agreement
effective as of the date first set forth above.
CITY OF FORT WORTH
Fernando Costa
Assi stant City Manager
Approved as to Form and Legality
6
Cont r a c t Authori z a tioa
IOls 110
Da t e
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
State of Texas §
County of Tarrant § .,.J..
This instrument was acknowledged before me on the ~ day of Q,o 'ltMW , 2010,
by Fernando Costa, Assistant City Manager of the City of Fort Worth, a Texas municipal
corporation, on behalf of said corporation.
OWNER
State of Texas
Countyof ~
§
§
§
LINDA M. HIRRUNGER
MY COMMISSION EXPIRES
February 2, 2014
Q;J'j~
Dick B. Elkins
Devoe Enterprises, Inc.
(name) (title)
BEFORE ME, the undersigned authority, on this day personally appeared William Jesse
Boaz 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 purposes and consideration therein
expressed.
Given under my hand and seal of office this the /3 day of ,¥ , 2010.
7
Notary Public in and for
The State of TEXAS
State of Texas §
County of c-1~
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
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 / 3 · day of .Jr"
e DANA STACY
NOTARY PU BLI C
State of Texas
comm . Exp . 01/31/2013
State of Texas §
Countyof J i~~
Notary Public in andfor
The State of TEXAS
, 2010.
BEFORE ME, the undersigned authority , on this day personally appeared Dick B.
Elkins, 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 /3 day of /1~
•+t t&+tttt+ottAA)I e DANA STACY
NOTARY PUB LIC
State of Texas
comm . Exp . 01/31/2013 -....,,.....,.....,...,,_.....,,._
8
Notary Public in andfor
The State of TEXAS
, 2010.
State of Texas §
§
County of fa. r r-~ h l §
'
{!._ -REFORE ME , the undersigned authority, on this day personally appeared /; £ tJ.)::;:b h , President of Devoe Enterprises, Inc., a Texas corporation ,
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, in the capacity therein stated.
Given under my hand and seal of office this the / 3-rl,. day of __(:; ep 1e~o I 0.
P·\Elkins, Dick\Development Agreement-Prop O & B (Final 09·08-10).doc
Mter Recording Return To:
City Secretary
City of Fort Worth
1000 Throckmorton St.
Fort Worth, TX 76102
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COUNCIL ACTION: Approved on 10/5/2010
GENERAL INFORMATION:
DATE: Tuesday, Oc t ober 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 w ith 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
Ba i ley 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 annexati on . 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.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
1. Development Agreement -Sample 10 -09.pdf (Public)
2. Exhibit A -Area 23-1 devel aqreements .pdf (Publi c)
3 . Ex h i bit B -Area 29 devel aqreements .pdf (Public )
Fernando Costa (6122)
Susan Alanis (8180)
Beth Knight (8190)
Area 23-1 -Boat Club Road Enclave Exhibit A
Approximately 157.7 Acres Subject to Development Agreement ---.. ---
GO FCLUS
Legend
Fort Worth C ity Lim its
Fort Worth ET J
ET J Subject to Development Agreement
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BAILEY BOSWELL
0.5 Mil es
fORTWORTH
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Planning & Development Department
9/1 7/1 0 -BK
Area 29 -Old Decatur Road Enclave Exh ibits
Approximately 47 Acres Subject to Development Agreement
BADLANDS
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D Fort Worth ET J D Adj ac ent C ity
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0 0.125 0.25 0 .5 Mil es
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Planning & Development Department
9/17/10-BK
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