HomeMy WebLinkAboutContract 26505 CITY SECRETARY
CONTRACT NO.
AMENDMENT OF AGREEMENT FOR DONATION OF PARKLAND
THIS AMENDMENT OF AGREEMENT FOR DONATION OF PARILLAND
("Agreement") is made and entered into as of the A)ai-day of ��c� , 2000, by
and between Gary J. Baker and Deborra L. Baker (collectively, "Baker") and the City of Fort
Worth, Texas ("City").
WHEREAS, on May 23, 2000, the City Council approved M & C L-12806 authorizing
the City Manager to execute an agreement (City Secretary Contract No. 25909, the "Agreement")
conditionally accepting donation of the following property from Gary J. Baker and Deborra L.
Baker for a public park:
Lot 46, Block G, The Ranch at Eagle Mountain Two, according to plat
recorded in Cabinet A, Slide 5408, Tarrant County Plat Records
WHEREAS, the property is correctly described as follows:
Lot 46, Block G, The Ranch at Eagle Mountain Two, according to plat
recorded in Cabinet A, Slide 4362, Tarrant County Deed Records (the
"Property")
WHEREAS, the Agreement required Baker to execute a special • warranty deed
conveying the Property to the City and further required Baker to obtain an owner's title insurance
policy at Baker's expense;
WHEREAS, the Agreement provided that the City would hold the executed deed
pending resolution of all issues concerning to the Property to the City's satisfaction, but no later
than July 21, 2000;
WHEREAS, the City has obtained title information concerning the Property reflecting
that the Property is owned by the Estates of Eagle Mountain, Ltd., a Texas limited partnership,
and is subject to a deed of trust in favor of Frost National Bank;
WHEREAS, the City has obtained a title policy and is willing to amend the Agreement
to waive the requirement that Baker provide a title policy, on the conditions that the Estates of
Eagle Mountain, Ltd. execute a warranty deed to Baker and that Baker execute a warranty deed
to the City and obtain a partial release of lien for the Property from Frost National Bank;
WHEREAS, it is necessary to amend the Agreement to extend the deadline for the City
to accept donation of the Property;
0 ED
r_ ����rPPM, Py
NOW, THEREFORE, in consideration of the mutual promises described herein, Baker
and City agree as follows:
1. Paragraph 1, "Execution of Special Warranty Deed", is amended to read as follows:
Baker agrees that, upon receiving a warranty deed conveying the following property (the
"Property') from The Estates of Eagle Mountain, Ltd., Baker agrees to execute a
warranty deed in form and substance satisfactory to City to convey the Property and all
improvements thereon to City:
Lot 46, Block G, The Ranch at Eagle Mountain Two, according to plat recorded in
Cabinet A, Slide 4362, Tarrant County Deed Records
2. Paragraph 3, "Due Diligence Period", is amended to extend the due diligence period to
December 28, 2000.
3. Paragraph 4, "Title Policy", is deleted and is replaced by the following Paragraph 4:
4. Execution of Partial Release of Deed of Trust: Baker agrees to obtain
execution of a partial release of deed of trust by Frost National Bank in form and
substance acceptable to the City.
4. Paragraph 5, "Acceptance or Rejection of Donation of Property", is amended to extend
the July 21, 2000, deadline for the City to accept donation of the Property by filing the
deed in the Tarrant County Real Property Records or to reject the Property and return the
original deed to Baker to December 28, 2000.
5. The undersigned warrant that they have thoroughly reviewed this Agreement with their
independent counsel, that they fully understand the terms and the consequences of this
Agreement, that they sign it as their free act and deed, and that no promise or inducement
has been offered except as set forth herein. The undersigned further acknowledge that
this agreement is the result of negotiations and discussions among the undersigned, so
that any rule of construing ambiguities against the drafter shall have no force and effect.
6. Governing LawNenue: This Agreement shall be governed by and construed in
accordance with the laws of the State of Texas, as it is applied to contracts made and
to be wholly performed within the State of Texas without regard to any choice of
law rules or principles to the contrary. The undersigned hereby agree that venue of
any action under this Agreement shall be exclusively in Tarrant County, Texas and
that this Agreement is performable in Tarrant County, Texas.
Signed this 2- 1 day of h, .. X2000.
Ga J. Baker
2
Deborra L. Baker
CITY OF FO WO
By: ' L6,,�M(Xey—
Title:
Printed Name: Ve Ass I s+ --t C, ►,��„ .�
APPROVED AS TO FORM AND LEGALITY
Assistant City Attorney
ATTEST:
City Secretary /- M-01
C
Contract Authorization
Date
(-3FNCW PROEM
City of Fort Worth, Texas
"avow and coun"R Communication
DATE REFERENCE NUMBER I LOG NAME PAGE
12/19/00 C-18406 80BAKER 1 of 2
SUBJECT AUTHORIZE THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE
AGREEMENT WITH GARY J. BAKER AND DEBORRA L. BAKER FOR DONATION OF
PROPERTY WITHIN THE RANCH AT EAGLE MOUNTAIN TWO FOR A PUBLIC PARK
AND TO ACCEPT DEED AND RELEASE OF LIEN
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute an amendment to the agreement with Gary J. Baker and
Deborra L. Baker conditionally accepting donation of approximately 7 acres of land and improvements
near Eagle Mountain Lake for use as a public park; and
2. Authorize the City Manager to accept a deed and a release of lien.
DISCUSSION:
Gary J. Baker and Deborra L. Baker (collectively, "Baker") are the developers of The Ranch at Eagle
Mountain Two, which is located near Eagle Mountain Lake in the area formerly known as the Tarrant
County Municipal Utility District. The area was annexed by the City on January 4, 2000.
Baker has developed Lot 46, Block G of the Ranch at Eagle Mountain Two shown on Exhibit "A' (the
"Property"), consisting of approximately 7 acres, for use as a park and has constructed improvements
including sidewalks, a lake, a well, and a gazebo. Baker wishes to donate the Property to the City of
Fort Worth, together with all improvements, for use as a public park.
On May 23, 2000 (M&C L-12806), the City Council authorized the City Manager to execute an
agreement with the Bakers conditionally accepting donation of the Property for use as a public park.
The agreement allowed a 60-day period for the City to inspect the Property and to resolve any issues
involving the Property, including environmental and title issues. The agreement required Baker to execute
a special warranty deed to the Property and to furnish a title policy to the City at Baker's expense.
During the due diligence period, City staff from the Environmental Management Department reviewed
the environmental assessment for the Property provided by Baker and obtained additional information
concerning the condition of the Property. Based on review of such information, staff is satisfied with the
condition of the Property.
In connection with its investigation of the Property, City staff obtained an abstractor's certificate showing
ownership of the Property and encumbrances against the Property. It was determined that title to the
property is currently in the name of The Estates of Eagle Mountain, Ltd. and that the property is subject
to a lien in favor of Frost National Bank. Accordingly, prior to acceptance by the City of conveyance
from Baker, it will be necessary for The Estates of Eagle Mountain, Ltd. to convey the Property to
Baker. The Estates of Eagle Mountain, Ltd. is a Texas limited partnership. Gary Baker is the President
of DeSoto Wildwood Development, Inc., its general partner. Additionally, it will be necessary for Frost
National Bank to execute a release of its lien against the Property.
City of Fort Worth, Texas
"avow and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
12/19/00 C-18406 1 80BAKER 2 of 2
SUBJECT AUTHORIZE THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE
AGREEMENT WITH GARY J. BAKER AND DEBORRA L. BAKER FOR DONATION OF
PROPERTY WITHIN THE RANCH AT EAGLE MOUNTAIN TWO FOR A PUBLIC PARK
AND TO ACCEPT DEED AND RELEASE OF LIEN
Approval of the attached agreement would waive Baker's obligation to provide a title policy and extend
the deadline to accept the.property to December 28, 2000, conditioned on execution of deeds and a
partial release of lien in form and substance satisfactory to the City Attorney. City staff has ordered a
title policy for the Property naming the City as the insured party.
The Parks and Community Services Department estimates that the annual operating and maintenance
cost for the Property is $5,381.50.
This property is located in COUNCIL DISTRICT 7.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that acceptance of the donation of this land will have no material effect on
City funds.
LW:k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
APPROVED
Libby Watson 6183 CITY COUNCIL
Originating Department Head:
DEC 19
Richard Zavala 5704 (from)
Additional Information Contact:
City t4&--.at0p of Me
Richard Zavala 5704 city of!-Ort Wonk Tax"
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WARRANTY DEED
THE STATE OF TEXAS }
}
COUNTY OF TARRANT }
WHEREAS, Gary J. Baker and Deborra L. Baker ("Grantor"), for and in
consideration of Ten Dollars ($10.00) and other good and valuable consideration paid to
them by the City of Fort Worth, a home-nTle municipal corporation of Tarrant County,
Texas ("Grantee") the receipt and sufficiency of which is hereby acknowledged, have
Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto said
Grantee, its successors and assigns, all those certain lots, tracts or parcels of land lying in
the City of Fort Worth, County of Tarrant, State of Texas, and all improvements thereon
being described as follows:
Lot 46, Block G, THE RANCH AT EAGLE MOUNTAIN TWO, an Addition to
the City of Fort Worth, Tarrant County, Texas, according to the plat recorded in
Cabinet A, Slide 4362,Plat Records, Tarrant County, Texas ("Property")
TO HAVE AND TO HOLD the Property together with all and singular, the
rights and appurtenances thereto in anywise belonging unto Grantee, its successors and
assigns forever. Grantor hereby binds themselves, their heirs, executors, administrators,
and assigns to warrant and forever defend, all and singular, the Property unto Grantee, its
successors and assigns against every person whomsoever lawfully claiming or to claim
the same or any part thereof.
The Property and the improvements thereon shall be used only for a public park,
unless the use is changed in accordance with law.
IN.WITNESS WHEREOF, this instrument is executed at Fort Worth, Texas on
this the day of , 2000.
ary J. Baker
Deborra L. Baker
HUE Ardl�6UHHECT CORY OF
nw_ i R,GINAL RECORD FILED IN
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TAaR,!T CDUNTY,TEXAS:
HENDERSON, UNT LER
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AND CORRECT CDPY OF
�RfC„dAL RECORD FILED IN
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After recordinreturn to: COUNTY CLERK
City of Fort Worth Deputy
Department of Law
1000 znrockmorton Street
Fort t%brth, Texas 76102 Ii
1 Attn: Marcella Olson I�
l
I
I
D200289247
CITY OF FT WORTH
1000 THROCKMORTON ST
FT WORTH TX 76102
—W A R N I N G—THIS IS PART OF THE OFFICIAL RECORD--D O N 0 T D E S T R O Y
I
I. N D E X E D -- T A R R A N T C O U N T Y T E X A S
S U Z A N N E H E N D E R S O N -- COUNTY CLERK
O F F I C I A L R E C E I P T
T O: ALAMO TITLE CO
RECEIPT NO REGISTER RECD—BY PRINTED DATE TIME
201CS5511 DR2A LW 12/29/2000 13 : 59
INSTRUMENT FEECD INDEXED TIME
1 D200289247 WD 20001229 13: 59 CG
T 0 T A L DOCUMENTS: 01 F E E S: 11 . 00
B Y:
ANY PROVISIONH CH RESTRICTS THE SALE RENTAL OR USE
OF THE DESCRIB REAL PROPERTY BECAUSE OF COLOR OR RACE
IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.
_ : rNF �p.LUkV�t61 COPY DF
FECORD FILED IN
!ARRANT BOUNTY,TU*
>il Jti SUZANNEJIENOERSON,000NTY CLERK
_ DePub
STATE OF TEXAS 1,. N FRS M,Gmmly lent m and j"14.0c L/ormty andV S`tra
COUNTY OF TARRANT do h certify . thea w kxeg g r:and correct copy
of meri,fi or mord on the day of l/ ,andy rec ed on
day of is rtstnta or im
Volume Pagefft
�,fe� )W 1
WITNESS my h d and se of o Fa Worth,Texas IMM daf u
NE HENDERSON,COU M-
T HRANTGUUNTN,
B ty
12/27/00 WED 12:11 FAX 8178718359 FORT WORTH CITY ATTORNEY 0 003
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\ Alamo GFI MO 1005226—LSK
ACKNOWLEDGEMENT OF PAYMENT AND RELEASE OF CLAIM
STATE OF TEXAS
COUNTY OF TARRANT
Austin Bridge&Road,Inc. hereby acknowledges payment in full of all sums due
by The Estates of Eagle Mountain, Ltd. and/or Eagle Mountain Municipal Utility District
and releases all claims in connection with construction of roads at The Ranch @ Eagle
Mountain One, Two & Three, Tan-ant County, Texas, pursuant to that certain
Construction Agreement by and between The Estates of Eagle Mountain,Ltd.and Austin
Bridge & Road, Inc. dated July 29, 1999 and recorded at Vol. 14047, Page 381, Tarrant
County Dee)Records.
IN WITNESS WHEREOF, Austin Bridge & Road, Inc. has caused this
Acknowledgement of Paymcpt and Release of Claim to be duly executed this 27th
day of December 2000:
AUSTIN BRIDGE&ROAD,INC.
By: 1) utlyt,""'A
Steven D. Vincent
Title: Division Manager
1z/z1/uV "LV 14,11 rJUL
THE STATE OF TEXAS §
(Sm
COUNTY OF TARRANT §
0Tj
BEFORE ME, the undersigned authority, on this day personally appeared
Steven D. Vincent in his/her capacity as
Division Managerof Austin Bridge & Road, Inc., known to me, or proved to me to be
the person whose name is subscribed to the foregoing instrument, and acknowledged to
me that he/she executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 27th day of
December 2000.
LAURIE S.STOVALL
Notary Public,Slate of Texas
My Commission Expires
December 02,2002
Notary Public in and for the
State of Texas.
After recording, return to:
City of Fort Worth
Department of Law
1000 Throcicmorton
Fort Worth,Tx. 76102
Attn: Marcella Olson
2
D200289273
CITY OF FT WORTH
1000 THROCKMORTON ST
FT WORTH TX 76102
0
3
-W A R N I N G-THIS IS PART OF THE OFFICIAL RECORD--D 0 N 0 T D E S T R O Y
I N D E X E D -- T A R R A N T C 0 U N T Y T E X A S
S U Z A N N E H E N D E R S 0 N -- COUNTY CLERK
O F F I C I A L R E C E I P T
T 0: ALAMO TITLE CO
RECEIPT NO REGISTER RECD-BY PRINTED DATE TIME
201085542 DR2A LW 12/29/2000 14 : 04
INSTRUMENT FEECD INDEXED TIME
1 D200289273 WD 20001229 14 : 04 CG
T O T A L DOCUMENTS: 01 F E E S: 11. 00
B Y:
ANY PROVISION ICH RESTRICTS THE SALE RENTAL OR USE
OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE
IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.
s
Ammo GF# M0 1005226-LSK
PARTIAL RELEASE OF DEED OF TRUST
STATE OF TEXAS
COUNTY OF TARRANT
Frost National Bank is the holder and owner of a certain promissory note in the
principal sum of Four Million Two Hundred Fifteen Thousand Four Hundred Eighty-
Eight Dollars ($4,215,488.00) which is dated March 11, 1999 and executed by The
Estates of Eagle Mountain, Ltd. (the "Note"). The Note is secured by a deed of trust
executed by The Estates of Eagle Mountain, Ltd. to Jimmy R. Locke,Trustee, recorded in
Volume 13705, Page 350, Deed Records of Tarrant County,Texas (the "Deed of Trust").
In consideration of the mutual agreement between Frost National Bank and the
Estates of Eagle Mountain, Ltd., and other good and valuable consideration, the receipt of
which is hereby acknowledged, Frost National Bank does hereby release and discharge
the following described property from the Deed of Trust:
Lot 46, Block G, The Ranch at Eagle Mountain Two, according to
plat recorded in Cabinet A, Slide 4362, Tarrant County Deed
Records("Property")
It is expressly understood that this is a Partial Release and that it shall not release,
affect, or impair the lien against any other property described in the Deed of Trust.. The
Deed of Trust and the lien represented by that instrument remains and continues to secure
the remainder owing on the Note.
IN WITNESS WHEREOF, Frost National Bank has caused this Partial Release of
Deed of Trust to be duly executed this L--day of4W..&, , 2000.
FROST NATIONAL BANK
B r
Title: .ar
�r
THE STATE OF TEXAS §
COUNTY OF TARRANT §
s1
BEFORE ME, the undersigned authority, on this day personally appeared
_ 0*•eg /jJ��itJ k in His/her capacity as
SUP of Frost National Bank, known to me, or proved to me to be the
# person whose name is subscribed to the foregoing instrument, and acknowledged to me
that he/she executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of
2000.
mown
Mres�
Notary Public in and for the
State of Texas.
After recording, return to:
City of Fort Worth
Department of Law
1000 Throckmorton
Fort Worth, Tx. 76102
Attn: Marcella Olson
3
D200289269
CITY OF FT WORTH
1000 THROCKMORTON ST
FT WORTH TX 76102
0
3
—W A R N I N G—THIS IS PART OF THE OFFICIAL RECORD--D 0 N O T D E S T R O Y
I N D E X E D -- T A R R A N T C 0 U N T Y T E X A S
S U Z A N N E H E N D E R S 0 N -- COUNTY CLERK
O F F I C I A L R E C E I P T
T O: ALAMO TITLE CO
RECEIPT NO REGISTER RECD—BY PRINTED DATE TIME
201085538 DR2A LW 12/29/2000 14 : 04
INSTRUMENT FEECD INDEXED TIME
1 D200289269 WD 20001229 14 : 04 CG
T O T A L : DOCUMENTS: 01 F E E S: 11 . 00
B Y: vo,",
ANY PROVISIOHICH RESTRICTS THE SALE RENTAL OR USE
OF THE DESCR D REAL PROPERTY BECAUSE OF COLOR OR RACE
IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.
I \ MO 100226—LSK
WARRANTY DEED
I.L
V THE STATE OF TEXAS
COUNTY OF TARRANT }
WHEREAS, the Estates of Eagle Mountain, Ltd, a Texas limited partnership
("Grantor"), for and in consideration of Ten Dollars ($10.00) and other good and valuable
consideration paid to it by Gary J. Baker and Deborra L. Baker ("Grantee") the receipt
and sufficiency of which is hereby acknowledged, has Granted, Sold and Conveyed, and
by these presents does Grant, Sell and Convey unto said Grantee, their heirs, successors
and assigns, all those certain lots, tracts or parcels of land lying in the City of Fort Worth,
County of "Tarrant, State of Texas, and all improvements thereon being described as
follows:
Lot 46, Block G, THE RANCH AT EAGLE MOUNTAIN TWO, an Addition to
the City of Fort Worth, Tarrant County, Texas, according to the plat recorded in
Cabinet A, Slide 4362, Plat Records,Tarrant County,Texas ("Property")
TO HAVE AND TO HOLD the Property together with all and singular, the
rights and appurtenances thereto in anywise belonging unto Grantee, their heirs,
successors and assigns forever. Grantor hereby binds itself and its executors,
administrators, and assigns to warrant and forever defend, all and singular, the Property
unto Grantee, their successors, heirs and assigns against every person whomsoever
lawfully claiming or to claim the same or any part thereof.
IN WITNESS WHEREOF, this instrument is executed at Fort Worth, Texas on
this the , �i( day of 2000.
t p� ,y, �c� 2000.
The Estates of Eagle Mountain, Ltd.,
a Texas Limited Partnership
By: Desoto Wildwood Development, Inc.,
Z
Partner
By.
L--
Gary J. l3aker, sident
OPQ�pQ0����0 V�
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ACKNOWLEDGEMENT
I
THE STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Gary J.
Baker, president of Desoto Wildwood Development, Inc., a Texas corporation, the
general partner of The Estates of Eagle Mountain, Ltd., a Texas limited partnership,
known to me, or proved 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 �. .t�i�(t t� ' 2000.
�; L)NDA S. MARTIN
Notary Public
y �• State of Texas
o;,`'� Comm.Expires 6-26-2001 Notary Public, State of Texas
After filing,return to:
Gary J. Baker
8101 Boat Club Rd., Ste. 330
Fort Worth, Tx. 76179
2
0y
J
D200289246
GARY J BAKER
8101 BOAT CLUB RD #330
SAGINAW TY 76179
-W A R N I N G-THIS IS PART OF THE OFFICIAL RECORD--D O N O T D E S T R O Y
I N D E X E D -- TARRANT COUNTY TEXAS
S U Z A N N E H E N D E R S O N -- COUNTY CLERK
O F F I C I A L R E C E I P T
T O: ALAMO TITLE CO
RECEIPT NO REGISTER RECD—BY PRINTED DATE TIME
201085509 DR2A LW 12/29/2000 13 : 58
INSTRUMENT FEECD INDEXED TIME
1 D200289246 WD 20001229 13 : 58 CG
T O T A L DOCUMENTS: 01 F E E S: 11. 00
8 Y.
ANY PROVISIONCH RESTRICTS THE SALE RENTAL OR USE
OF THE DESCRIB REAL PROPERTY BECAUSE OF COLOR OR RACE
�M!^ IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.
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St17ANNF Ii!•NnM04,rnIPMCLERK
TARRANT r0U ,
By �,.' r Deputy