HomeMy WebLinkAboutContract 45111 CITY SWRETARY
CONTRACT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON. YOU MAY REMOVE OR
STR.fKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED
FOR RECORD IN THE REAL PROPERTY RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR
DRIVER'S LICENSE NUMBER
DEVELOPMENT AGREEMENT
TEXAS LOCAL GOVERNMENT CODE §§ 43.035 & 212.172
THIS AGREEMENT is made and effective this [yLl"day of
20 , by
and between the City of Fort Worth, Texas, a home rule municipal corporation of the State of
Texas located within Tarrant, Denton, Johnson, Parker, and Wise Counties, Texas (hereinafter
referred to as "City") and Edward P. Bass, hereinafter called "the Owner", whether one or more
natural persons or other legal entities, and is as follows:
WHEREAS, the Owner's property within Exhibit A, hereinafter called "the Property", is
located within the extraterritorial jurisdiction of the City and is subject to municipal annexation;
and
WHEREAS, the Property is appraised for ad valorem tax purposes as land for
agricultural or wildlife management use Linder Subchapter C or D, Chapter 23, Texas Tax Code,
or as timber land Linder Subchapter E of that chapter,-
WHEREAS, the Texas Local Government Code § 43.035 provides that the City may not
annex property appraised for such purposes unless it first offers to make a development
agreement with the Owner pursuant to Such section; and
WHEREAS, the City has notified the Owner of its intent to annex the Property and has
offered to enter into an agreement guaranteeing the continued extraterritorial status of the
Property upon the terms and conditions hereinafter provided; and
WHEREAS, the City desires that any development of the property be in conformance
with the City's Comprehensive plan; and
WHEREAS, the Owner desires to enter into this Agreement to secure the continued
extraterritorial status of the Property:
NOW THEREFORE, in exchange for the Mutual covenants, conditions and promises
contained herein, City and Owner agree as follows:
1. Identification of the Property. The Property is described as the property owned by
the Owner within the boundaries of the area described in Exhibit A attached hereto and
incorporated herein by reference, more particularly described as Tracts I and I E of the
McKinney & Williams Survey, Abstract 1119, and Tract 2 of the Socorro Farming Company
Survey, Abstract 1841, which is appraised for ad valorem tax purposes as land for agricultural
use.
V E D
R,E C E V E D 0 V 12 2 0 13
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��r�|V�� �O� �2' K�»»�nuod»n »flIxtrut«rrbuhu\ 0tohm� The Pr»»edyshoUnot bo annexed and shall
ceooaiuio the extraterritorial 'odydicdonnf the City us long ao this ogreco/entisc�ec1ivo, the
P iamxsu6di�dod, the Pmp�� cuob�� � be �pmiaed �/ adva|o�m t� pugmso �
|uod For agricultural or wildlife nnouagonneniuse under Subchapter <� or D, Cban�r23, '{exaC
Tax (�odo, o, usbrnhcr land uodc/� 8ubobupiu/� Eof that chapter and the Op/neris not ioviolation
of this agrecn�ent. This provision does not p/ubihdannexation v/dbthe consent of the 0vvuoc.
3. /�Dyliuoboo of Municipal }�ogu)udnoa. /\\| regulations and planning authority 0fthe
City that dn not interfere with the use of the land for agriculture, wildlife management or brobec
use nuayboenforced with respect to the Property. Such regulations and p|uomiug authority may
be enforced aa they n0vvexist V/� rnuyboocottcrboestablished or amended, and this Agreement
oho)) not be deemed upccnnit [b|� the purposes of Texas [.000l {�ovurunoeot Code Chapter 245.
'{bc Owner consents to the applicability ofat] regulations and planning authority of the
City that do not interfere with the use of the area for agriculture, vvUd|ife000uugonueo1or timber,
including, but not limited to, development regulations, zoning n:gu)ad0oa, building, nocohaoioaL
plun�bioA, residential, energy and Gcc oodnu` building permit u:quirenuerdS` roioiroono building
s��� codes, environmental on �d ��|�� � �l� codes, prohibitions �
septic tanks, the gas drilling and production ordinance and other City regulations as they
currently exist or nloy be coao�d in the future, {}vvo�� agrees that any subdivision plat orn�o�d
dcvol0pouon( document for the area D|td with ogoveroo�en1ul entity having Jm�od�tionover the
property will be in C0ofbrnnauoo with the City's nuoy\ ccctot|y adopted Comprehensive Plan.
Owner agrees that any filing that is not ioconfbrnnancervhb the City's Comprehensive Plan vviD
not bedceoondapernoit for the Purposes of the Texas Local Oovcrnu�out (�udcChapter 245.
The Owner consents to the jurisdiction of the Municipal Court, Boards and <�Oozooiomiona
of the City of F0l\ �VOdh for the purpose of oo{hroiug City Codes and regulations and
prosecuting criminal violations nf(�dyregulations oo the P/opody.
4. /�onuxmdun Dyog Subdivision or Change of DVu. '�bio agreement is void if the
Onun�' fails t0 C0o(inuo to use the Property solely for agricultural, wildlife n)anugon�on1 Or
doubcruse and/or subdivides mr develops the Propc�yio any nuuonnr that vvouldrequire u plat of
the subdivision to be filed with any governmental entity having jurisdiction over the Property. If
the Property ceases to be appraised for agricultural, wildlife noaoagonocnt or �onbm' use or if the
Ovvocz subdivides the Property as dtxcdhcd in this xnohoo' tbou the City nuoy 000cx the
Propcdy` either in vvbo|c or in part, and such ouucxndoo shall be deemed 10 bevvith the consent
of the ()vvncr.
5. Term. This &grncnoentshuU terminate 5 years after the effective date of this
Agvcenncn< or upon ouucxoiioo of the Property in conformance with this agreement and/or
Section 43,035 of the '�cxno Local (]overnnuou| Code, vvbiobcvnroorncs �rSt. Upon termination,
the City nI8y annex the Property, either in v/bolo or in part or for full or limited purposes, and
such annexation shall bedeeonedtu be with die consent o[the 0r/our.
0. Agreement o ��o*o/nx�t Running With the |�nod. This Agreement shall be recorded
in the Real Property llcco/�dsnfthe applicable county and ubo|) be a covenant running with <�c
land binding upon all parties having any right, bUo or interest in the Property or any part thereof,
including their heirs, xucoomsn[m and assigns, and nhuU inure to the benefit of the owners of the
Property and to the Chy. This Agreement may not berevised or amended vvbbou1 the written
consent of both parties.
2
7. Notice of Sale of the Property. Prior to the sale or conveyance of any portion of the
Property, the Owner shall give written notice and a copy of this Agreement to the prospective
purchaser or grantee and shat I provide a copy of such disclosure to the City,
8. Form and Delivery of Notice. Any notice required or permitted under this Agreement
shall be in writing and shall be delivered in hand, by facsimile, or by registered or certified US
mail. Notice to the Owner may be addressed to Owner at the address indicated on the most
recent applicable county property tax roll for the Property. It'more than one entity is named in
this Agreement, service of any notice on any one of the entities shall be deemed service on all
entities. Any notice so given shall be deemed to have been received when deposited in the
United States mail so addressed with postage prepaid:
C11,Y:
Fernando Costa, Assistant City Manager
City of Fort Worth
1.000 Throckmorton Street
Fort Worth, Texas 76102
Facsimile Number: 817-392-6134
OWNER: 2:1("1 W,4J -e6 a-12� XXIII,
Name Title
Edward R Bass
201 Main Street
Fort Worth, Texas 76102
9. Enforcement. This Agreement may be enforced by Owner or City by any proceeding
at law or in equity. Failure to do so shall not be deemed a, waiver to enforce the Agreement
thereafter,
10. Provisions Severable. If any provision contained in this Agreement is held
unconstitutional, invalid or unenforceable, then the remaining provisions shall be deemed
severable and shall remain in full force and effect.
11. Governmental Powers. It is understood that by execution of this Agreement, the
City does not waive or surrender any of its governmental powers.
12. Captions. Captions and headings used in this Agreement are for reference purposes
only and shall not be deemed a part of this Agreement.
13. Modification of Agreement. This Agreement cannot be modified or amended
without the written consent of all the parties hereto and attached and made a part of this
Agreement.
3
.............-..................
14. Governing Law and Venue. Venue shall be in the state courts located in Tarrant
County, Texas or the United States District Court for the Northern District of Texas, Fort Worth
Division and construed in conformity with the provisions of Texas Local Goverru-nent Code
§41035.
IN WITNESS WHEREOF, the parties have signed and executed this Agreement
effective as of the date first set forth above,
CITY OF FORT WORTH The Ownei-
Fernando Costa Edward P. Bass
Assistant City Manager
Approved as to Form and Legality.
Assistant City Attorney
FO
ATTEST
'City Se -et 6,.",
State of Texas
County of Tarrant
This instrument was acknowledged before me on the day 2013, by
Fe 0 and Costa, Assistant City Manager of the City of Fort Worth, a Texas municipal
c 0 ation, on hehal said corporation.
-?o�a W'yPublic
state of Texas §
County of Tarrant §
This instrument was acknowle 2013,
by Edward P. Bass, PAMELA HAYES
NOTARY PUBUC
STATE OF T�
My Conim EV.04-16-2M 6 OFFICIAL, RECORD
Notary Public
- - — —— V 0 0 CITY SIECRETARY
4 W4)RTN, 1-X
After Recording Return to:
City Secretary
City oF Fort Worth
l000TbrockrnuhonStreet
Fort Worth, Texas 76l02
5
ProJ ject Case # AX-13-008 Exhibita
Addition of 142.7 Acres to become part of Council District 6
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Legend Proposed Process Schedule Map Reference
1st Public Hearing 11/05/13 Ma sco I FORTWORTH
Proposed Annexation Area 2nd Public Hearin 11/12/13 116PQ 1 16S
0 Date of Institution 12/10/13
Fort Worth City Limits Current Full-Purpose Incorporated Area 335.96 Square Miles Piaming&Development Depaitmeot
8/2 7113-SK
Fort Worth ETJ
0 5001,000 2,000 Feet
City of Fort worth, Texas
Mayor and Council Communication
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COUNCIL ACTION: Approved on 11/5/2013
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DATE: Tuesday, November 05, 2013 REFERENCE NO.: **C-26545
LOG NAME: 065030 DEVELOPMENT AGREEMENT 10-13
SUBJECT:
Authorize Execution of Development Agreements in Lieu of Annexation with Multiple Property Owners for
Property Located South of Keller Hicks Road and East of Old Denton Road, and for Property Located
Along Chisholm Trail Parkway and South of FM 1187 (COUNCIL DISTRICTS 6 and 7)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to:
1. Execute five year Development Agreements between the City and Ryan and Amanda Aldis for the
application of development standards in lieu of annexation for property located south of Keller Hicks Road
and east of Old Denton Road in unincorporated Tarrant County; and
2. Execute five year Development Agreements between the City and Edward P. Bass for the application
of development standards in lieu of annexation for property located along Chisholm Trail Parkway and
south of FM 1187 in unincorporated Tarrant County,
DISCUSSION:
State law requires a municipality to offer development Agreements in lieu of annexation to property
owners who maintain a current agricultural tax exemption on property considered for annexation. If a
development Agreement is signed, the property will retain its extraterritorial jurisdiction status until it loses
its agricultural exemption or the development Agreement expires, whichever comes first.
The five year annexation program identifies two areas for annexation consideration in 2013, Areas 11 and
56-2. In 2008, these property owners executed development Agreements in lieu of annexation, when the
enclaves were initially considered for annexation. Approximately eight acres of land in Area 11, located
south of Keller Hicks Road and east of Old Denton Road in Tarrant County, qualify for a renewal of the
development Agreement in lieu of annexation, as shown on Exhibit A.
Also, approximately 143 acres of land in Area 56-2, located along Chisholm Trail Parkway and south of
FM 1187 in Tarrant County, qualify for a renewal of the development Agreement in lieu of annexation, as
shown on Exhibit B. Section 43.035(c) of the Texas Local Government Code states that a municipality
has the authority to annex land adjacent to another piece of land with a development Agreement because
the land with the development Agreement is considered to be adjacent or contiguous to the municipality,
thus extending the corporate limits of the City for purposes of annexation. Area 56-2, which is eligible for
annexation in 2013 under the 2103-2107 Annexation Program, is contiguous and adjacent to the City
because the property between Area 56-2 and the City's corporate limits is under a development
Agreement as required in Section 43.035(c).
The affected property owners were offered and, by signing, elected to renew their development
Agreement in lieu of annexation. The development Agreement will provide for the enforcement of
Logname: 065030 DEVELOPMENT AGREEMENT 10-1.3 Page 1 of 2
development regulations including: zoning and subdivision ordinances in accordance with the
Comprehensive Plan, municipal building, mechanical, plumbing, residential, energy and fire codes,
building permit requirements, minimum building standard codes, environmental protection/compliance and
health codes, prohibitions on septic tanks, gas drilling and production ordinance, and other City
regulations as they currently exist or may be enacted in the future. Additionally, the owners consent to the
jurisdiction of the City's Municipal Court, boards, and commissions to enforce City codes and regulations,
as well as prosecuting criminal violations of City regulations. The development Agreement causes the
properties to be generally in compliance with development standards within the City limits.
All properties are in the extraterritorial jurisdiction adjacent to COUNCIL DISTRICTS 6 and 7, Mapsco
116S, 116T, 21 L and 21 M.
FISCAL INFORMATION i 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 CN Manager's Office by: Fernando Costa (6122)
Oriainatina Department Head: Randle Harwood (6101)
Additional Information Contact: Beth Knight (8190)
ATTACHMENTS
1. Exhibit A - Development Agreement area.pdf (Public)
2. Exhibit B,-,Develoornent Agreement area.odf (Public)
Logname: 065030 DEVELOPMENT AGREEMENT" 10-13 Page 2 of 2