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Home My WebLink AboutContract 41058CITY SECRETARY I I CONTRACT NO . '1-J 05"°~ N OTICE OF CO NFI DENTIALITY RI GHTS: IF Y OU ARE A NATURAL PE R SON, Y OU MAY REM OVE OR STRIKE ANY OR AL L OF THE FOLLOWING INF ORMATION FRO M ANY INSTRUMENT THAT TRANSFE RS AN IN T EREST IN REAL PROPE RTY BEF ORE IT IS FILE D FOR REC ORD IN THE PUBLIC REC ORD S : YOU R SOCIAL SECURI TY NUMB E R OR Y OU R DRIVE R'S L ICENSE NUMBER. D EVELOPMENT AGR EEMENT TEXAS L OCAL GO VE RNMENT C OD E § 43 .03 5 THIS AGREEMENT is made and effecti ve thi s -1.11: day of -...).J~., 20 I~, 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 , individually and as a Joint Independent Executor of the Estate of Dale S. Boaz, D eceased, Wilson Dale Boaz, individually and as a Joint Independent E xecutor of the Estate of Dale S. Boaz, Deceased, DBE Realty Investments , Ltd ., Hazel H . Boaz, Independent Executrix of the Estate of Wilson 0 . Boaz, Deceased, Stace y Boaz Donaldson, Mittie Boaz, Stephanie Boaz, Carole E lder, Nanette Boaz Rix , Richard Michael Boaz, Jr., Rusty D . Boaz, Robert E. Boaz, Randal W . Boaz, Donna Boaz Wade, Peggy Boaz Fallin, Je f C . Russell , III , individually and as Independent E xecutor of the Estate of Judy Boaz Russell , Nancy Boaz, Oonna J. Landers , hereinafter collectively r eferred to as "the Owner," whether one or more natural persons or other legal entities , and is as follows: WHEREAS, the Owner's property described in Exhibit "A ," hereinafter called Property "C ," is located within the extraterritorial jurisdiction of the City and is subject to municipal a nn exation ; and WHEREAS, the City has notified th e Owner of its intent to annex Property "C " in ord er to a s sure that an y de velopment will be in conformance with the City's Comprehensi ve Plan ; and WHEREAS, Property "C " 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 WHE REAS, the Texas Local Go vernment Code§ 43.035 provides that the City may not ann ex property appraised for such purposes unless it first offers to make a dev e lopment ag reement w ith the Ow ner pursuant to such section ; and WHEREAS, the Owner desire s to enter into an agreement to secure the continued extraterritorial status of Property "C "; and WHEREAS , Owner desires to guarantee the continuation of the extraterritori al status o f Ow n er 's property and its immunity from annexation by City ; and WHEREAS , City desires to enfo rce certain municipal land us t re _gulations on Owner's property in the same manner as such regulations are Wtaar~~&i o City; and CITY SECRETARY 1 FT. WORTH, TX -') -I I l -1 WHEREAS, 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 "C" be allowed to develop as shown on the preliminary plat (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 "C" is described as the property owned by the Owner within the boundaries of the area depicted in Exhibit A and more particularly de scribed in Exhibit A-1 attached hereto and incorporated herein by reference , within the proposed Block 23 of the Parks at Boat Club as shown in the preliminary plat which is hereinafter defined and is attached as Exhibit "X" to this agreement. 2. Continuation of Extraterritorial Status/Annexation Upon Subdivision or Change of Use. a. The City agrees not to annex Property "C " as long as Property "C" 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. b. The provision in subparagraph (a) above is void and the City may annex all or any part of Property "C " if: (i) Owner files any type of subdivision plat for all or any part of Property "C" in the Real Property Records of Tarrant County, Texas; (ii) Owner subdivides all or any part of Property "C" 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 "C "; (iii) Owner files any related development document for such area with a governmental entity that has jurisdiction over Property "C"; (iv) any structures or improvements 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 chapte r ; 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 "C ," or if any part of Property "C " 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 Owne r 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 subdiv ision of Property "C " for the purposes of this agreement. Further, a conveyance dividing all or a part of Property "C " 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 "C" for the purposes of this agreement. 3. Application of Mu nicipal 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 "C ." Such regulations and planning authority may be e nforced 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, from and after the effective date of this agreement, the Owner consents to the applicability o f 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 "C ," that do not meet the requirements of the City Encumbrances will be d eemed 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. In addition, during the term of this Agreement, Owner and City agree that an y 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 will be in conformance with that preliminary plat (herein so called) attached hereto as Exhibit "X" and titled "A Revised Preliminary Plat For The Parks at Boat Club . "Howev er, said 3 preliminary plat shall expire if there is no progress towards completion of the project as defined in Chapter 245 of the Local Government Code. Anything to the contrary herein notwithstanding , Owner and City further agree that until adequate water and sanitary sewer facilities are available to Property "C ," same may be developed in accordance with the regulations of Tarrant County, Texas , that govern water and septic systems. 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 "C." 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. S. · 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 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. 6. Notice of Sale of the Property and Annexation. Prior to the sale or conveyance of any portion of Property "C" by a metes and bounds des cription, 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 4 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 used in this agreement are 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 ame nded 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 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 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 5 Approved as to Form and Legality ATTEST 6 Contract Authori z a ti on lo\~)\o _ UNDA M. HIRRUNGER MY COIIIMISSION EXPIRES February 2, 2014 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Stacey Boaz Donaldson Stephanie Boaz Na1mette Boaz Rix Ru s ty D. Boaz Randal W. Boaz Peggy Boaz Fallin Nancy Boaz 7 IJ~ft,Lh 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 pa1tners hip By: DBE Realty Management, LLC, its general ~ar. ~ B(J)ut~ Dick Elkins, Manager O\VNER William Jesse Boaz Ill Stephanie Doaz 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 Wa<lt: 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 ~~ Mittie BoazcY"' 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 Jes se 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 Jef C . Russell III Donna J. Landers DBE Realty Investments, LTD., a Texas limited partners hip 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 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 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 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 Nancy Boaz Hazel H. Boaz Wilson Dale Boaz 8 Mittie Boaz Robert E . Boaz Donna Boaz Wade Jef C. Russell III Donna J . Landers DBE Realty Inv estments, LTD ., a Texas limited partnership B y: DBE Realty Management, LLC , its general partner By : ___________ _ Dick Elkins. Manager OVv"-:\F R Will iam Jes . t: Boaz Ill S tacey Boaz Don a ld son Stephani e Boaz N ann erte B oaz Rix -~vs~ Rust y D . Boa z R andal W . Boaz Pe ggy Boaz Fallin '. anc y Boaz I lazcl H. Boaz 7 Wil on Dale Boaz Mittie B oaz 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 par tner 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 B y : ___________ _ Dick Elkins , Manager OWl'il:::R \Vil li a m Jesse Boaz ITI S tacey Boaz Donaldson Stephanie Boaz Na nn ette Boaz Ri x Rusty D. Boaz Peggy Boaz Fallin Nancy I3oaz Hazel l I. Boaz 7 Wilson Dal e Boaz Mittie Boaz Caro le Eld er Richard Michael Boaz, Jr. Robert E. Boaz Donna Boaz Wade J c f C. Russell III D0m1a J. I ,anders DBE Realty In vestment s, LTD ., a Texas limited pat1nership By: DBE Realty Management, LT .C, its general parlT1er By:------------ Dick Elkins, Manager O\VNER 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 J ef C. Russell III Donna .T. 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 Naimette Boaz Rix Rusty D. Boaz Randal W. Boaz 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 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 Mittie Boaz Carole Elder Richard Michael Boaz, Jr. Robert E. Boaz Donna Boaz Wade 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 W illi am Jesse Boaz III Stacey Boaz DonaJdson Stephanie Boaz Nannette Boaz Rix Ru s ty D. Boaz R andal W . Boaz Peggy Boaz Fallin Hazel H. Boaz 7 Wilson D a l e B oaz Mittie Boaz Carole El der Richard Mich ael B oaz, Jr. Robert E. Boaz Donna Boaz Wade Jef C. Russell III Donna J . Landers DBE Realty Investments, LTD., a Texas limited partnership By: D BE 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 Mittie Boaz Carole Elder Richard Michael Boaz, Jr. Robert E. Boaz Donna Boaz Wade J ef C. Russell III ~~s~ DBE Realty Investments, LTD., a Texas l imited partnership By: DBE Realty Management, LLC, its general partner By:------------ Dick Elkins, Manager STA TE O F TEXAS § § COuNTY OF c/a.!Ul.4Azf § BEFORE ME, the undersigned authority, on this day personally appeared William .Jesse Boaz TH , 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 _l_3_ day of ~, 20 10 . DANA STACY NOTARY PUBLIC State of Texas Comm. Exp . 01/31/2013 STATE OF TEXAS COUNTYO~ § § § Q 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 instrnment , and acknowled g ed to me tha t he executed the same for the purpose and cons iderat ion therein expressed . Given under my hand and seal of ofiice this the c2 day of ~ ~ PAmJCIAA. PARKER MY COM MISSION EXPIRES July 15, 2011 STA TE OF TEXAS COUNTY OF ____ _ § § § C otary Public in and for The State of TEXAS , 20 10 . B EfORE ME. the undersigned authority, on this day personally appea red Stacey Boaz Donaldson , known to me to be tJ1e person whose name is su bscribed to the fo regoing instrument. an d acknowledged to me that she executed the sa me for the purpose and consideration therein expressed. G ive n under my hand and seal of office this the ___ day of _____ , 2010 . 8 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 ex pres sed. Given under my hand and seal of office this the ___ day of ______ , 2 010. St ate of Texas § § County of cY~ § Notary Public in and for The State of TEXAS B E FORE M E, 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 ackno w led ged to me that she executed the same for the purposes and consideration therein ex pre s sed . Gi ven under my hand and seal of office this the / 3 day of ~ e DANASTAC Y NOTARY PUBLI C state of Texa s Comm . Exp . 01/31/2013 Stat e of Tex a s § § The State of TEXAS , 2 010. 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 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 / ) day of ¥ ~e DANASTACY * ~ NOTARY PUBLIC State of Texas Comm. Exp . 01/31/2013 \\Sr I \Firm\JWS\Develo pmen t Agreement .doc After Recording Return To: City Secretary City of Fort Worth 1000 Throckmorton St. Fort Worth, TX 76102 The State of TEXAS , 2010. ST ATE OF TEXAS C OU)l'TY Of ____ _ § § § BEFORE ME, the undersigned authority, on this day personally appeared William Jesse Boaz III, known to me to be the person whose name is subscribed to the foregoing instrument, and aclmowledged to me that he executed the same for the purpose and consi<lerntion therein expressed. Given under my hand and seal of office this thc ___ day of ____ ~ 2010 . STATE OF TEXAS COUNTY OF ____ _ § § § Notary Public in and fo r The State of TEXAS BEFORE ME, the undersigned authority, on this day personaUy appeared Wilson Dale Boaz. known to me to be the person whose name is subscribed to the foregoing instrument, and aclmow ledged t o me that he executed the same for the purpose and consideration therein expressed. G iven under my hand and seal of office this the day of , 2010 . STATE OF TEXAS COUNTYoF Skpbe ns § § § N otary Public in and for The State of TEXAS BEFORD 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 20 day of tnaJ..,,~ , 2010. 8 Notary Public in and for The State of TEXAS STATE OF TEXAS COUNTY OF 'I ll>:f I l!JL § § § 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 and seal of o he J ( ft:day of [)'\ ~ ,,,,~~·~v•,,, JEFFERY M. BACHER , 2010. ".... ·.-i,-. Notary Public. State of Texas "·~"·· .. ,,~ ~ i. j ~ My Commission Expires ~:::.~;-·,~;.~/ January 24, 2013 ,,,,,,f,~,,,,,, STATE OF TEXAS § § COUNTY OF _____ § ~/fot , tf;_~ No ~lie in anATor 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 § § COUNTY OF _____ § 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 --' . , r f . ' -- -- STATEOF ~S./5 § § COUNTY OF _____ § BEFORE M E, the undersigned authority, on this day personally appeared Mittie Boaz , known to me to be the person wh ose 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 ___ clay of _____ , 2010. STATE OF "~~S,/4-S § Notary Public in and for The State of"M;LJ411Js4S ~§ COUNTY OF § , 2010 . - COUNTY OF ------ 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 ofoffice this the ___ day of _____ , 2010 . 9 Notary Public in and for The State of )i1~5. !4:~ 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 s he 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 § § COUNTY OF _____ § Notary Public in and for The State of TEXAS BE FORE 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 _____ , 20 l 0 . STATE OF TEXAS COUNTY OF s;4e h~ § § § 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 CONSTANCE LEE CLONTS Notary Public STATE OF TEXAS My Comm. Exp. March 8, 2014 9 g dayof 0c.unv ,2010. G.t~)~L,~ Notary Public in and for The State of TEXAS STATE OF TEXAS § § COUNTY OF J(rr~<YY\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 J22f'h..ctay of 6Y)c>1 , 2010. f =e· ---· ~ .... ' .. ~:~a~~~~~t;~~exas My Commiss ion Expires Novemb er 5, 2013 --:-~-·~~-·~-~~...,..,,_..,....,...,....,....,......-.......,, STATE OF TEXAS COUNTY OF ____ _ § § § Nota ;blic 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 unders· ed authority, on this day personally appeared Rusty D. Boaz, known to me to be the person whose-nruhe is subscribed to t he foregoing instrument, and acknowledged to me that he executed the same for the purpose and consideration therein expressed. Given under my h and seal of office this -the day of , 2010. 10 Notary Public in and for The State of TEXAS .1.i} \rofl · 1 ,w r •' . , , ' ' . ) / I• ,, . ·,, ., •I ,! L ,I f, / . ,) ., . I• P. :1 ,, . rl", }1 I' r, Ll, 1 ri'j I" q; 'f, ,c I ,, I } :, I I ,, .. .,,.. I • I ' <1 r· ;J' l ft >1' . ~1·1. ('' I ' .1, , '' .) 'l / A •• '· ,.,, r. I I 1• ' ! ., •r I r :1 ) ,., ,I I' ). ) ' i't ' ' r / .~ .,, ' .r ,, It JI, .. ,•-: If!\ '-'y 'I Ii 'J ' r, d 'J I II ,I 1..;:"lj ~l,r, ,, " t . L -, .. tr.;t '! I I ,.. ,): ; I I l II I ,, ~ ) , I •: . • I' J 'J I ' I ,l ' . r, . , , -1d I /~f I 1 .1"1 ;'( ,.,,. 1 ,* .C.jf t t I• .i't , , 't ,,. •tj( 1..1:' 1~r, r;r ti 'L ' ,, I I ' 1• • , / I( l I 'tT ;, 'JlJI l>J ~·11 I !l'i' !>:: ! rH .I )1 I "; 1 f If ~, . .. ,. : ,n,. •'\••; .. '):,. J ;r! ", ()' iJ.I ,h-; A l)fLi •,r I [ 1,r r•,1, u , r•, (I , l i f() • I ·l '/; 1·, , 11.i'lt' •• I f }1! ) ~tin·•, .1 I ' '11 . , I ,, f State of Texas County of _____ _ § § § 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 purposes and consideration therein expressed. Given under my hand and seal of office this the ___ day of ______ , 2010. State of Texas § (\ § County of LJ'f t?f1 § Notary Public in and for The State of T EXAS BEFORE ME, the undersigned authority, on this day personall y 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. Given under my hand and seal of office this the J3 day of fl1 vz,f- .e;.~.. BRANDIN KYLE KE EN :..(~·:•: ~ ......... Public state of Texas • • ._~_.'• n'Ul,Cl'1T .. ~~·COMM.EXP. 06-13-2012 12 otary Public in and fo~ The State of TEXAS , 2010. 'T. TE OF TEX S § § cot;::--r rY OF _____ ~ BEFORE .\1E. the under igned authority. on this day personally appeared Nanoct:tc Boaz Rix, ~now n to me to be the person whose name is subscribed to the foregoing instrument. and acknowledged ro me that she executed the sa me for the purpose and consideration therein expressed. Given unrler my h~nd ~nd sea l of office this the ___ day of ______ , 2010. STATE Of TEXAS C OUNTY OF ____ _ otary Public in and for The State of TEX S BEFORE ·1[, the unders igned a uthorit y, on th is day personally appeared Richard Michael Boaz, Jr., know n to me to be the person whose name is subsc,ibed to the forego ing 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. ST TE OF TEXAS CO NTYOF ____ _ § § s ~ Notary Public in and for The State of TEX S BEFORE ME. the w1dersigncd a u thority, on this day per-anally appeared Rusty D. Boaz, known lO me to be the person whose name is subscribed to the foregoing instrument. and acknowledged tom t hat he executed the same for the purpost: and c<.msideralion therein expressed. Given under my hand a nd seal of of!ice this the J!1.__ day of JU~ , 20 l 0 . ELIZABETH B. AWE MY COMMISSION EXPIRES Ma!Ch 10, 3114 . 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 '7 ~day of C)}; ly , 2010. The State of TEXAS 13 ST/\ TE OF T EX AS C OU:H Y 01" ____ _ § § § UEFORE ME, the undersigned a uthority, on this day personally appeared Robert It Boaz., kn o wn to me to be the person whose name is subscribed to the foregoing ins trument , and acknowledged lo me that he executed the same for the purpose and consideration therein expressed. Given under my hand a nd s ea l of office this the ___ day of ______ , 2010. ST /\TF OF T EXAS § COUN TY OF 'Sf eptms l Nota ry Public in a nd for The State of T E XA S Bf.FORE ME , the undersigned authority, on this d ay pers onally appeared R andal W. Boaz . kno w n to me to be the person whos e name is subscribed to the foregoing instrument, and ackno w ledged ro me that he executed the same for the purpo s e and consideration therein expressed . ......, ____ ~~eth;, the ;J1!dayo~, 2010 . ,,,,•"'"'"•,,,, ANN A EA STER ! t;s.*tl!X ~~19i ~ Notary Public • ~ .:~· ·p~ .. C ~ {tf~ ;tf~ STATE OF TE):(AS i \tJ>,.• ... :~:;,/ M y Co mm1ss1on : . ',,t~OF ~·~ Exp ires 09/12/2012 • --. . --=----- .... ;~;~~·~••••••••••••• ............. : Notary Pubhc m and for STA'f't OF TEXAS C OUNTY O F ____ _ § § § The State of TEXAS BEFORE ME, the undersigned authority, on this day p ersonally a ppeared Donn a Boaz Wa de, known to me to be the person whose name is subscribed to the foregoing in s trument, and acknowledged to me that she ex ecuted the same for the purpose and consideration therein expressed. Given under my hand and seal of office this the ___ day o f ______ , 2010 . l l Notary Public in and for The Slate of TEX AS STATE OF TEXAS COUNTY 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 instrnment, 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 _____ § Notaiy 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 instrwnent, and acknowledged ro me that he executed the same for the purpose and consideration therein expressed. Given under my hand 3nd seal of office thi s the day of , 2010. --------- STATE OF TEXAS COUNTY oFS~~ § § § Notary Public in and for The State of TEXAS BEFORE ME, the undersigned authority, on this clay 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. -=--:....-/Jc·fi-day of~~ Given under my hand and seal of office this the _<X. ..J -_j_L(u · .l~~ifZli,,, CARROL KAN~DY !~~-• ·~~ Notary Pubhc ;-A ... J!r. .. ·-tt~ STATE OF TEXAS \j; .. ·:fiJ.~/ My Commission ',,,,1!f..~ ..... ,.,' Expires 06/19/2011 11 UJM~~ Notary Public in and for The State of TEXAS , 2010 . STATE OF TEXAS § . § COUNTY orr:I~ § BEFORE ME, the undersigned authority, on this day personally appeared Peggy Boaz Fallin , known to me to be the person who se name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purpose and consideration therein ex ressed. f ,· ,,,,,~~·~i,,,, CAROL M. KLAUER •...... 11:J,W;"'····'('.~ t.·.·: {_._~,:.(··.· ·.·.t .. ) Notary Public. State of Texas : My Commission Expires •: ,,,,;ii;;,,~~~ Apr1'I 22, 2012 ·f ''''""''' 1~,;;;.;;;~;;;;;;;;;;;;;;;;;;;;;;;;;.;;;;;;;;;;;;;;;;iiiiiiiiiii,iiiiii.;;;;;':.I ST ATE OF TEXAS COUNTY OF ____ _ § § § seal of office this the &o day of~..:.+-~=!--' 2010 . N~3:L ~ The State of TEXAS 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 that he executed the same for the purpose and consideration therein expressed, in the capacit y t herein stated . Gi ven under my hand and seal of office this the ___ day of ______ , 2010 . ST A TE OF TEXAS COUNTY OF ____ _ § § § 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 ______ , 2010. 12 Notary Public in and for The State of TEXAS STATE OF TEXAS § § COUNTY OF _____ § BEFORE ME, the undersigned authority, on this day personally appeared Peggy Bo az 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. ST AT E OF TEXAS § § COUNTYOF _____ § 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. DAVID L PAYNE Notary Public STATE OF TEXAS My Conm Exp. Jtl1e 22. 2013 STATE OF TEXAS COUNTY OF ::('v 1J IS10c -t § § § ~ dayof MAf 2J~\~. otary Pb in and for The State of T EXAS , 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 sa me for the purpose and consideration therein expressed. Given under my hand and seal of office this the ___ day of _____ , 20 l 0 . 12 Notary Public in and for The State of TEXAS STATE 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. 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 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. Given under my hand and seal of office thi s the ___ day of _____ , 2010. /11 i5.s Isslfi /f, STATE OF 'fEJCAS , ,-· COUNTY OF H Yt-,J,([l/1 § § § 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 .----.. . -~~~ _JJ --~- /,• .... ,/ .... ····· -:., ' .1 ••• ~ MIS •••• -~~ /1 •• 01"" '8/.ft • ,, • ...rt, • • • • • • • • V'5! • • / 0 , ;\ o ; .• "" •• ~n ROJ1.:..· •• ~ •. ·, ,.'!l°'l 'll-. :1-..'fr••~r '""<:'~ • ii() e '',(\L~ •'"h• :<., ID No o-._, ~ ~-.i ! ..,,. £ 80008 : : 1\t : * : comm Expires : * : \ '; Feb 2 2014 : : It .._ • ' : • \ v··,k-.,. ,.'t.fl;,..~~--~~ : • •. ~.--· o \ ~" :~~48Y 9""~-· ~ • • , .. ·::~~so~ico":.·· ).: ···--tt:..-..111 ·-· ... -· .~' 12 Notary Public in and for The State of'fEXA~ /11,S~"j;,//'1 STATE OF TEXAS COUNTY OF -~ r rc. .._::t- § § § BEFORE ME, the undersigned authority, on this day personally appeared Donna J. Landers. knovvn 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 ST A TE OF TEXAS COUNTY OF ____ _ § § § e ~le,.ft.. day of (77 a~, 2010. Notacy<bi~"lnand~ R_J___, 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 . STATE 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 subscri bed 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 ______ , 2010. 13 Notary Public in and for The State of TEXAS 0 ~00 800 ~------, I GRAPHIC SCALE IN FEET PARK DRIVE (COUN1Y ROAD 4040) N~ °'o 0 0 0 -.J 0 ' N89° 42' 33 " E 852 . 11' C(J.JNTY 'NL----------i.-"".:"""i -.J S89° 42' 33" W L 7 NO Cl C2 C3 ::e 785. 00 ' DBE REALTY INVESTMENTS, LTD. NO L 1 L 2 L 3 L 4 L 5 L 6 L 7 L 8 L 9 LIO L 11 VOL.16417,PG.167 C.R.r.c.T. BEARING S89° 39' 20" w $83° 12' 31 "w S89° 39' 28" w S00°21' 55"E N00°21' 55"W S89° 35' 1 9" W S82° 35' 1 5" W N59° 58' 46" E N00° 11' 09" E S00° 26' 00" E S89° 40' 1 9" w DISTANCE 223. 1 O' 356. 12' 359. 0 0' 215. 49' 227. 50' 177. 26' 1 5 0. 06' 357 . 55' 28 . 43' 3 . 75' 244. 64' DELTA LENGTH 143. 58 ' 269 . 26' 280. 09' RADIUS 598. 14' 548. 14' 13° 45' 14" 28° 08' 42" 16° 02' 52" 1 000. 00 ' LONG CHORD N66° 4 3' 08" E N74° 13' 50" E S08° 33' 53" E DBE REALTY INVE S TMENTS, LTD . VOL.164/7,PG. /67 C.R.T.C.T. ANNEXIITTO>I LOUTS I ORDINANCE: NO. /466'1 I '--... :, PARK DRIVE (COUNTY ROAD 4040) "'-1 N 8 9° 3 9' 2 8" E 1 6 8 0. 2 1 ' 1 C(J.JNTY 10 DBE REALTY INVESTMENTS, LTD . C3 I LS VOL. 16417, PG. 167 C.R.T.C.T. L3 L4 \ " Ii,~ " (I) S89°39' 21"W 4 79. 79' ,, " ll~f'\ CENTEX HOMES INSTRUMENT NUMBER 0205313853 C.R. T.C. T. ).IC)lkIT,\IN IU.UFJ' Dk.lYl! '1 4 l, l I PARKS AT BOAT CLUB PHASE 3 A C~INET A, SLlOE l 1"17"1 P.R. T.C. T, AN EXHIBIT OF 24.257 ACRES OF LAND SITUATED IN THE G. T. WALTERS SURVEY, ABSTRACT NUMBER 1696, ANO THE 8. THOMAS SURVEY, ABSTRACT NUMBER 1497, TARRANT COUNTY, TEXAS 14 3. 24' 266. 56' 279. 17' NOTE' BASIS OF BEARING IS THE NORTH LINE OF THE PARKS AT BOAT CLUB. PHASE 3A, AN AOO!T!ON TO THE CITY OF FORT lvORTH AS RECORDED IN CABINET A, SLIDE 11979, PLAT RECORD S, TARRANT COUNTY, TEXAS. 'OU I 'dnOJ!'J Ou I J99U ! Ou3 sqo::,o r .C:Q I t, " () z ....: :r: Vl a:, ~ ci w ~ u w :r: u LEGAL DESCRIPTION OF 24.257 ACRES OF LAND Being a tract ofland situated in the G.T. Walters Survey, Abstract Number 1696, and the B. Thomas Survey, Abstract Number 1497, Tarrant County, Texas, and being a portion of that tract of land described by deed to DBE Realty Investments, LTD. 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 northwest corner of The Parks at Boat Club, Phase 3A, an addition to the City of Fort Worth recorded in Cabinet A, Slide 11979, Plat Records, Tarrant County, Texas, also being the northeast corner of that tract ofland described by deed to Centex Homes as recorded in Instrument Number D205313853, said County Records; THENCE with the north line of said Centex Hornes tract the following bearings and distances: S 89°39'20"W, 223.10 feet; S 83°12'3 l "W, 356.12 feet; S 89°39'28"W, 359.00 feet; S 00°21 '55"E, 215.49 feet; S 89°39'21 "W, 479.79 feet; N 00°21 '55"W, 227.50 feet; S 89°3 5' l 9"W, 177 .26 feet; S 59°58' 12"W, 576.36 feet to the northwest corner of said Centex Homes tract; THENCE S 82°35'15"W, 150.06 feet departing said north line; THENCE S 89°42'33"W, 785.00 feet; THENCE N 00°I 7'27''W, 280.00 feet to the north line of said DBE Realty Investments, LTD. tract; THENCE with the north line of said DBE Realty Investments, LTD. Tract the following bearings and distances: N 89°42'33"E, 852.11 feet to the beginning of a non-tangent curve to the left; Jacobs Job No. CB700218.005.001.0002 S#FW32L J :V0B\Ol 432703\SUR\WP\LEG\4327 _ex9.doc Exhibit A-1- Pa ge .J_ of _b_ July 26, 2010 Page 1 of2 . . with said non-tangent curve to the left, an arc distance of 143 .58 feet, through a central angle of 13°45'14", having a radius of 598.14 feet, the long chord of which bears N 66°43'08"E, 143.24 feet; N 59°58'46"E, 357 .55 feet to the beginning of a curve to the right; with said non-tangent curve to the right, an arc distance of 269 .26 feet , through a central angle of28°08'42", having a radius of 548.14 feet , the long chord of which bears N 74°13'50"E, 266.56 feet; N 00°1 l '09"E, 28.43 feet; N 89°39'28"E, 1680.21 feet more or less to the west line of annexation limits as recorded in City of Fort Worth Ordinance Number 14669; THENCE with said west line the following bearings and distances : S 00°26'00"£, 3. 75 feet to the beginning of a curve to the left; with said non-tangent curve to the left, an arc distance of280.09 feet , through a central angle of 16°02'52", having a radius of 1000 .00 feet, the long chord of which bears S 08°33'53"E, 279.17 feet to the north line of said The Parks at Boat Club, Phase 3A ; THENCE S 89°40'19"W, 244.64 feet with the north line of said The Parks at Boat Club, Phase 3A to the Point of Beginning and containing 1,056,631 square fee t or 24.257 acres of land, more or less. "This document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground survey, 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 :VOB\01432703\SUR\ WP\LEG\4327 ex9 .doc Exhibit /I--J-. Page~of 2- July 26 , 2010 Page 2 of2 � � �,• �— -+ i � - �— .�� _ f� : � j � �. � �� : ��,� , II`I , � /y� ��I O O • , � I �� 1 �r Y!:� 1. � � � � � I �� ? 1 �1 '' ' . j ., I�� `� . . � F�e FSi3' ' � � ,;r'.�`� � . �J 1 � �. � � I � '� prl� III I - � � \��.' �� - - • :'►�`�'• i,�• �I - - � ;^I' a � •i.' •�'� CI 0 � � it' r � � � � - --•• ..,-; , y. • - . � � - -�� .� �:E. :►��- --�� _ = .- �. �yr,�,�t.�� : �. �;► �.� , �� i� -- . - ��I:�iivmi ' , - .:�i��iG ��n - ' � '�I ►R.` � � �.j � . � . �� ' ._ � _ _ j. '� ,* !1(l�s-� � �:�,: m i � `. �.rf,Cl�Ll•1 • i. ;� +�i' :�� S�i� a �� ',�► � �I ...� � . es �a � � � �'� � �. � C7� �� G 'C�C'm� -.� ' �� , �� •�� !� _ ��.�' .��'��- .� .,�� i .�.. .. �j .�� . � .�f :�. �r � . � �, �Iz�a -'�.��, .,,e• �� ':.'��!j`,�',� a: -. ., y�' +;�.�'=�vr�v+►.,��,! ^��!'��,.��h � � ;�i�i .. � � - ! � � ,��,'�,� 9 �,y�,, ` "`�/�� 3�,�e.��, �;:ad� � �ir%li �� m� ,:. :� • . � �. � r► �: , � . � � .��.. �;► �•t�,�� ., ��.. _ :,. , I�;: � � =n�- ��.�.�. �� '�i;:�.�� - ��►� - � ,. :7 ��,�� • •��"!�y•�� \ 1..�`+�,ifiii ��f�� .�,� �`�%�'� '.� • .i:. � . •'�, � �, :I� a 1 1 - , t LV, . j _ '� .� � /° �;;;,=•,Tq1.. .•,!�///,/.-� ��• 1� Y -��..�� _*��,�'k�,� � '•G.:� �� f.��:��_ ��: -� • . �` ..�,�� j° !�� . . - " � '� i,/j . �� . � '�,� ".. ��' fi��. �, '. �� yrl.� 1`� I �. _ �i�� .... � _� ,(/ I �'V,.�-. �f �►![/1� �}J,�� _ ; `�'�� ; � � �•l`� gi1¢�''`.��;.,y�r�'.. ��1� '��t , �-, �"y+� � .,d �y �i �.. 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REFERENCE NO.: **G24507 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.]. Boaz Road and West of Old Decatur Road (COUNCI� 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. FUNDCENTERS: -- .x�,��,��„�,.�. _ ,u m �.�,��,r,�,,.,�..0 _. ��„�_.,�,�m��. ��,� ��fi�,.�, TO Fund/Account/Centers FROM Fund/Account/Centers �., . ___ ._ . CERTIFICATIONS: Submitted for Citv Manaaer's Office bv: Oriainatina De�artment Head: Additional Information Contact: ATTACHMENTS 1. Develonment Aareement -Samnle 10-09.ndf (Pubiic) 2. Exhibit A- Area 23-1 devel aareements.ndf (Public) 3. Exhibit B- Area 29 devel a4reements.odf (Public) Fernando Costa (6122) Susan Alanis (8180) Beth Knight (8190) Q �� 's w +� � i� � i � }�l� � � �1�+ W � � � � c� ° O > �o � o � � — a� U �� OL ma �� M >► N �; � � � •^ L p Q �- Q Q 3- 3w w5o h� � O � s�p� � � °�� Qo �opz w » pm �� ;��; s a z�oz e�a- a� �� o -- � N _ O � �� N � � _ � O Q _ C � � �o� � � � �� > J � � +�' � O U W � � :� � � cn � o o I�- � � � w � 0 �}( J �� Area 29 - Old Decatur Road Enclave Legend � Fort Worth City Limits � ti ETJ Subject to Development Agreement O Fort Worth ETJ O Adjacent City 0 0.125 0.25 0.5 Miles I i i i I i i i � Exhibit B � �( FORT WORTH ,��" � � Planning & Development DepaRment 9/17/10 - BK Approximately 47 Acres Subject to Development Agreement