HomeMy WebLinkAboutContract 33301 TY
� + r CIONTRACTEITVAORY
. t�E8�L/
THIS PURCHASE CONTRACT ("Contract") is made and entered into by and between
the CITY OF FORT WORTH, TEXAS, acting by and through its duly authorized City Manager
or Assistant City Manager ("Seller") and Gospel Assembly Church acting by and through
Willard H. Bone, Chairman of Trustees for Gospel Assembly Church ("Purchaser") as of the
date on which this Contract is executed by the last to sign of Seller and Purchaser ("Effective
Date").
RECITALS
1. Seller is the owner of approximately .7123 acres of land known as Block 27, Lot 1, Lake
Worth Leases, an addition to the City of Fort Worth embracing a part of the Jacob
Wilcox Survey No.I Abst No. 1729 and a part of the Jacob Wilcox Survey No. 2, Abst
No 1725 and recorded in the Plat records of Tarrant County Texas in Cabinet A, Slide
7636 more particularly described in the attached Exhibit"A" ("Property").
2. Purchaser has leased the Property since August 16, 1994 and Purchaser continues to lease
the Property.
3. Seller desires to sell the Property to Purchaser for fair market value as provided under
Section 272.001 of the Texas Local Government Code.
AGREEMENT
In consideration of the mutual covenants in this Contract, Seller and Purchaser agree as
follows:
Section 1. Sale and Purchase.
(a) Seller agrees to sell and convey the Property to Purchaser, and Purchaser agrees to
purchase and accept the Property from Seller, for the Purchase Price (as defined below), subject
to the terms and conditions set forth in this Contract.
(b) Seller shall convey the Property to Purchaser free and clear of all liens, claims,
easements, rights-of-way, reservations, restrictions, encroachments, tenancies, and any other
encumbrances (collectively, the "Encumbrances") except the Encumbrances appearing in the
Title Commitment (as defined below in Section 3) that are not cured and that are subsequently
waived pursuant to Section 3 below ("Permitted Encumbrances") and those easements
reservations shown on the deed.
(c) Seller shall retain all mineral interest and rights of leasing such mineral interests
in the Property.
Section 2. Purchase Price,"AS IS" Sale and Earnest Money.
(a) The purchase price ("Purchase Price") for the Property, payable by Purchaser to
Seller in cash at Closing (defined below), is Eighteen Thousand Two Hundred Dollars
($183200.00)
offlt1A RECORD
C Sly
(b) ACCORDINGLY, EXCEPT AS EXPRESSLY STATED IN THIS
AGREEMENT, PURCHASER ACKNOWLEDGES AND AGREES THAT SELLER HAS
NOT MADE, DOES NOT MAKE AND SPECIFICALLY NEGATES AND DISCLAIMS
ANY REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS,
AGREEMENTS OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER,
WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT OR
FUTURE, OF, AS, TO CONCERNING OR WITH RESPECT TO (A) THE VALUE,
NATURE, QUALITY OR CONDITION OF THE PROPERTY INCLUDING, WITHOUT
LIMITATION, THE WATER, SOIL AND GEOLOGY, (B) THE INCOME TO BE
DERIVED FROM THE PROPERTY, (C) THE SUITABILITY OF THE PROPERTY
FOR ANY AND ALL ACTIVITIES AND USES WHICH PURCHASER MAY CONDUCT
THEREON, (D) THE COMPLIANCE OF OR BY THE PROPERTY OR ITS
OPERATION WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF
ANY APPLICABLE GOVERNMENTAL AUTHORITY OR BODY, (E) THE
HABITABILITY, MERCHANTABILITY, MARKETABILITY, PROFITABILITY OR
FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTY, (F) THE MANNER
OR QUALITY OF THE CONSTRUCTION OR MATERIALS, IF ANY,
INCORPORATED INTO THE PROPERTY, (G) THE MANNER, QUALITY, STATE OF
REPAIR OR LACK OF REPAIR OF THE PROPERTY, OR (H) ANY OTHER MATTER
WITH RESPECT TO THE PROPERTY, AND SPECIFICALLY, THAT SELLER HAS
NOT MADE, DOES NOT MAKE AND SPECIFICALLY DISCLAIMS ANY
REPRESENTATIONS REGARDING COMPLIANCE WITH ANY ENVIRONMENTAL
PROTECTION, POLLUTION OR LAND USE LAWS, RULES, REGULATIONS,
ORDERS OF REQUIREMENTS, INCLUDING SOLID WASTE, AS DEFINED BY THE
U. S. ENVIRONMENTAL PROTECTION AGENCY REGULATIONS AT 40 C.F.R.,
PART 261, OR THE DISPOSAL OR EXISTENCE IN OR ON THE PROPERTY, OF
ANY HAZARDOUS SUBSTANCE, AS DEFINED BY THE COMPREHENSIVE
ENVIRONMENT RESPONSE COMPENSATION AND LIABILITY ACT OF 1980, AS
AMENDED, AND REGULATIONS PROMULGATED THEREUNDER. PURCHASER
FURTHER ACKNOWLEDGES AND AGREES THAT HAVING BEEN GIVEN THE
OPPORTUNITY TO INSPECT THE PROPERTY, PURCHASER IS RELYING SOLELY
ON ITS OWN INVESTIGATION OF THE PROPERTY AND NOT ON ANY
INFORMATION PROVIDED OR TO BE PROVIDED BY SELLER. AS A MATERIAL
PART OF THE CONSIDERATION FOR THIS AGREEMENT, SELLER AND
PURCHASER AGREE THAT PURCHASER IS TAKING THE PROPERTY "AS IS"
WITH ANY AND ALL LATENT AND PATENT DEFECTS AND THAT THERE IS NO
WARRANTY BY SELLER THAT THE PROPERTY IS FIT FOR A PARTICULAR
PURPOSE. PURCHASER ACKNOWLEDGES THAT IT IS NOT RELYING UPON
ANY REPRESENTATIONS, STATEMENTS,ASSERTIONS OR NON-ASSERTIONS BY
THE SELLER WITH RESPECT TO THE PROPERTY CONDITION, BUT IS RELYING
SOLELY UPON ITS EXAMINATION OF THE PROPERTY. PURCHASER TAKES
THE PROPERTY UNDER THE EXPRESS UNDERSTANDING THERE ARE NO
EXPRESS OR IMPLIED WARRANTIES (EXCEPT FOR LIMITED WARRANTIES OF
TITLE SET FORTH IN THE CLOSING DOCUMENTS). PROVISIONS OF THIS
SECTION SHALL SURVIVE THE CLOSING. IT IS UNDERSTOOD AND AGREED
THAT THE PURCHASE PRICE HAS BEEN ADJUSTED BY PRIOR NEGOTIATION
TO REFLECT THAT ALL OF THE PROPERTY IS SOLD BY SELR A
PURCHASED BY BUYER SUBJECT TO THE FOREGOING. PU GMASW�kxo2p
CITY WEAET Y
ACKNOWLEDGES AND ACCEPTS ALL THE TERMS AND PROVISIONS BY HIS
ACCEPTANCE HEREOF.
(c) Within one (1) day after the execution and delivery of this Contract by Purchaser
to Seller, Purchaser shall deliver to Title Company (as defined below in Section 3) a check
payable to the order of Title Company or other means of funding reasonably satisfactory to
Seller in the amount of 0% ("Earnest Money") of the purchase price. Title Company shall hold
the Earnest Money in escrow and deliver it in accordance with the provisions of this Contract.
The Title Company shall invest the Earnest Money in an interest bearing account through a bank
or other financial institution selected by Purchaser (hereafter, all references in this Contract to
Earnest Money include the amount deposited by Purchaser with the Title Company pursuant to
this Section 2(c)together with all interest accrued thereon).
Section 3. Title Commitment and Survey.
(a) Within five (5) days after the Effective Date, Purchaser may obtain, at Purchaser's
sol cost and expense (i) an Owner's Commitment for Title Insurance ("Title Commitment")
from a itle company of Purchaser's Choice ("Title Company"), setting forth the status of the title
of the Pr erty and showing all Encumbrances and other matters, if any, relating to the Property;
and (ii) a le 'ble copy of all documents referred to in the Title Commitment, including but not
limited to, plat reservations, restrictions,and easements.
(b) Withi one (1) days after the Effective Date of this Contract, Seller shall provide
to Purchaser a copy of survey of the Property in Seller's possession. Within five (5) days
after the Effective Date, P haser may obtain, at Purchaser's sole cost and expense, an updated
survey ("Survey") consisting o map of survey and field notes describing the Property, prepared
pursuant to a current on-the-grou d staked survey performed by a professional land surveyor or
engineer satisfactory to Purchaser d Title Company. The Survey shall (i) be certified to
Purchaser, its successors and assigns, Title Company, (ii) reflect the actual dimensions of and
the total number of square feet within t Property, net of any portion thereof lying within a
publicly dedicated roadway or a utility ease ent, (iii) identify any rights-of-way, easements, or
other Encumbrances by reference to applicabl ecording data, and (iv) include the Surveyor's
registered number and seal,the date of the Survey,
The description of the Property prepared as a part o the Survey will be used in all of the
documents set forth in this Contract that require a descripti of the Property.
(c) If the Title Commitment or Survey discloses any ncumbrances or other matters
which are not acceptable to Purchaser in Purchaser's sole discrete , then Purchaser shall give
Seller written notice thereof within fifteen (15) days after receipt the Title Commitment,
Survey and all documents referred to in the Title Commitment, specifyin Purchaser's objections
("Objections"), if any. If Purchaser gives such notice to Seller, Seller shall a its best efforts to
cure the Objections, but shall be under no obligation to do so.
(d) If Purchaser gives notice of Objections and Seller does not cure th Objections,
cause the Title Commitment and Survey to be amended to give effect to matters that a cured,
and give Purchaser written notice thereof within the five (5) day period following receip f the
notice from Purchaser ("Cure Period"), Purchaser shall have the right either (i) to terminate s
Contract by giving written notice thereof to Seller at any time after the expiration of such C
P d but prior to the expiration of the Option Period, and, upon such termination, Purchaser
shall be en +d— a return of the Earnest Money, and neither party hereto shall have any
further rights or obligations—,-oh -ta. ive the Objections and consummate the purchase of the
Property subject to the Objections which sh'ali'-be -&zmed to be Permitted Encumbrances.
Notwithstanding the foregoing sentence, if Seller has commenced he Objections ander�
diligently prosecuting the same, as determined by Purchaser in Purchaser's sole 1
Purchaser in Purchaser's sole discretion may extend the Cure Period for an amount of time
Purchaser deems necessary for Seller to cure the same.
Section 4. Option Period.
(a) Notwithstanding anything to the contrary contained in this Contract, until ten days
after the Effective Date ("Option Period"), the following is a condition precedent to Purchaser's
obligations under this Contract:
Purchaser being satisfied in Purchaser's sole and absolute discretion that the
Property is suitable for Purchaser's intended use.
(b) If Purchaser is not satisfied in Purchaser's sole and absolute discretion as to the
condition precedent described in Section 4(a) above, Purchaser may give written notice thereof
to Seller on or before the end of the Option Period, whereupon this Contract shall terminate.
Upon such termination, neither party shall have any further rights or obligations under this
Contract.
(c) If Purchaser does not terminate this Contract prior to the expiration of the Option
Period, then the Earnest Money shall become non-refundable to Purchaser except in the event of
Seller's default in the performance of Seller's obligations under this Contract, and Title
Company shall release the Earnest Money to Seller at any time thereafter upon request by Seller.
(d) The provisions of this Section 4 control all other provisions of this Contract.
Section 5. Tests. Purchaser, at Purchaser's sole cost and risk, shall have the right to
go on to the Property, including the Improvements, to make inspections, surveys, test borings,
soil analyses, and other tests, studies and surveys, including without limitation, environmental
tests, borings, analyses, and studies ("Tests"). Purchaser shall provide Seller with a copy of any
written reports related to Tests of the physical condition of the Property that Purchaser and its
consultants conduct on the Property. If the sale of the Property is not consummated pursuant to
this Contract, Purchaser shall restore the surface of the Property to as near as practicable the
condition existing prior to any entry by Purchaser.
Section 6. Condition of the Property until Closing; Cooperation
(a) Maintenance and Operation. Because the Property is under Lease to Purchaser, until
closing, Purchaser will (a) maintain the Property as it existed on the Effective Date, except for
reasonable wear and tear and casualty damage; (b) operate the Property in the same manner as it
was operated on the Effective Date; and (c) comply with all contracts and governmental
regulations affecting the Property. Until the end of the Option Period, Seller will not enter into,
amend, or terminate any contract that affects the Property other than in the ordi
operating the Property and will promptly give notice to Purchaser of each new, a4" "—dgd, c �
terminated contract, including a copy of the contract, in sufficient time so that P rc r,,�
'�bU
'Tay
FT, Wouflo TEX,
re '
s
consider the new information before the end of the Option Period. If Seller's notice is given
within three days before the end of the Option Period, the Option Period will be extended for
three days. After the end of the Option Period, Seller shall not enter into, amend, or terminate
any contract that affects the Property without first obtaining Purchaser's written consent.
(b) Casualty Damage. Purcahser will notify Seller promptly after discovery of any
casualty damage to the Property. Seller will have no obligation to repair or replace the Property
if it is damaged by casualty before closing. Purchaser may terminate this contract if the casualty
damage that occurs before closing would materially affect Purchaser's intended use of the
Property, by giving notice to Seller within fifteen days after receipt of Seller's notice of the
casualty (or before closing if Seller's notice of the casualty is received less than fifteen days
before closing). The casualty damage will be deemed to materially affect Purchaser's intended
use if the estimated amount of the damage exceeds ten percent of the Purchase Price. If
Purchaser does not terminate this contract, Seller will convey the Property to Purchaser in its
damaged condition.
(c) Claims; Hearings. The parties will notify each other promptly of any claim,
administrative hearing or lawsuit that is threatened, filed, or initiated before closing that affects
the Property.
Section 7.0 Closing Contengencies.
The closing ("Closing") of the sale of the Property by Seller to Purchaser shall occur
through the office of the Title Company on or before fifteen(15) days after the satisfaction of the
following contingencies to Closing ("Closing Contingencies"), 30 days from the expected date of
full execution of the contract but not later than March 30, 2006. The Closing Contingencies are
as follows:
(1) the Property must be connected to either the City of Fort Worth water system, or the
City of Fort Worth sewer system, a municipal water system or a municipal sewer
system;
(2) all taxes on the Property are current and not in a delinquent status;
(3) all payments or money due to the City of Fort Worth must be current and not in a
delinquent status, "payments" and "money due" includes, but is not limited to lease
payments, garbage fees and water and sewer fees;
(4) all the liens on the Property securing any indebtedness to Seller must be paid and
released;
(5) the Property is not served by a septic tank or a drainage field off the Property.
(6) The Property is in compliance with all state and local rules regardi ,,
system. �vlr,!� t "v
CRY WANK
��y❑ 11JI�c����xY
Section 8. Closing
(a) At the Closing, all of the following shall occur, all of which are deemed
concurrent conditions:
(1) Seller, at Seller's sole cost and expense, shall deliver or cause to be
delivered to Purchaser the following:
(i) a Special Warranty Deed ("Deed"), fully executed and
acknowledged by Seller, conveying to Purchaser good and indefeasible fee
simple title to the Property subject only to the Permitted Encumbrances,
with the precise form of the Deed to be determined pursuant to Section 9
below;
(ii) Any other instrument or document necessary for Title Company to
issue the Owner Policy in accordance with Section 7(b)(3) below.
(2) Purchaser, at Purchaser's sole cost and expense, shall deliver or cause to
be delivered to Seller through the Title Company federally wired funds or
a certified or cashier's check or such other means of funding acceptable to
Seller, in an amount equal to the Purchase Price,
(3) Purchaser shall be responsible for all closing costs and prorations.
(4) If applicable, Title Company shall issue to Purchaser, at Purchaser's sole
cost and expense, an Owner Policy of Title Insurance ("Owner Policy")
issued by Title Company in the amount of the Purchase Price insuring
that, after the completion of the Closing, Purchaser is the owner of
indefeasible fee simple title to the Property, subject only to the Permitted
Encumbrances, and the standard printed exceptions included in a Texas
Standard Form Owner Policy of Title Insurance; provided, however, the
printed form survey exception shall be limited to "shortages in area," the
printed form exception for restrictive covenants shall be deleted except for
those restrictive covenants that are Permitted Encumbrances,there shall be
no exception for rights of parties in possession, other than existing tenants
under executed leases and the standard exception for taxes shall read:
"Standby Fees and Taxes for [the year of Closing] and subsequent years,
and subsequent assessments for prior years due to change in land usage or
ownership";
(4) The Earnest Money shall be applied to the Purchase Price at Closing.
(5) Seller and Purchaser shall each pay their respective attorneys' fees and
Purchaser shall be responsible for all of the escrow and recording fees.
(6) Purchaser executing the Lease and Easement Termination document, the
form of which is attached as Exhibit C.
(c) Ad valorem and similar taxes and assessments, if any, relating to4mf yAA�
shall be prorated between Seller and Purchaser as of the Closing Date, based on estiat"faffia ty
FT. WORTH, TEXT
t •`1 .
amount of taxes that will be due and payable on the Property during the calendar year in which
the Closing occurs. As soon as the amount of taxes and assessments on the Property for that year
is known, Seller and Purchaser shall readjust the amount of taxes to be paid by each party with
the result that Seller shall pay for any taxes and assessments applicable to the Property up to and
including the date of Closing, and Purchaser shall pay for those taxes and assessments applicable
to the Property after the Closing. The provisions of this Section 9(b) survive the Closing.
Section 9. Agents. Seller and Purchaser each represent and warrant to the other that it
has not engaged the services of any agent, broker, or other similar party in connection with this
transaction.
Section 10. Closing Documents. No later than two (2) days prior to the Closing Date,
Seller shall deliver to Purchaser
(a) a copy of the Deed, which is attached as Exhibit B.
Section 11. Notices.
(a) Any notice under this Contract shall be in writing and shall be deemed to have
been served if(i) delivered in person to the address set forth below for the party to whom the
notice is given, (ii) delivered in person at the Closing(if that party is present at the Closing), (iii)
placed in the United States mail, return receipt requested, addressed to such party at the address
specified below, (iv) deposited into the custody of Federal Express Corporation to be sent by
FedEx Overnight Delivery or other reputable overnight carrier for next day delivery, addressed
to the party at the address specified below, or (v) telecopied to the party at the telecopy number
listed below, provided that the transmission is confirmed by telephone on the date of the
transmission.
(b) The address of Seller under this Contract is:
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
Attention: Lisa Scotford
Telephone: 817-392-8364
Telecopy: 817-392-8361
(c) The address of Purchaser under this Contract is:
Gospel Assembly Church
Attn: Willard H. Bone
4113 Ridgecrest Circle
Fort Worth, Texas 76135-2320
Telephone: 817-238-8501
(d) From time to time either party may designate another address or telecopy number
under this Contract by giving the other party advance written notice of the change.
CITE SE16-4-11EINY
t
Section 12. Termination, Default, and Remedies.
(a) If Purchaser fails or refuses to consummate the purchase of the Property pursuant
to this Contract at the Closing for any reason other than termination of this Contract by Purchaser
pursuant to a right so to terminate expressly set forth in this Contract or Seller's failure to
perform Seller's obligations under this Contract, then Seller, as Seller's sole and exclusive
remedy, shall have the right to terminate this Contract by giving written notice thereof to
Purchaser prior to or at the Closing, whereupon neither party hereto shall have any further rights
or obligations hereunder, and Title Company shall deliver the Earnest Money to Seller as
liquidated damages, free of any claims by Purchaser or any other person with respect thereto. It
is agreed that the Earnest Money is a reasonable forecast of just compensation for the harm that
would be caused by Purchaser's breach and that the harm that would be caused by such breach is
one that is incapable or very difficult of accurate estimation, and that the payment of these sums
upon such breach shall constitute full satisfaction of Purchaser's obligations hereunder.
(b) If Seller fails or refuses to consummate the sale of the Property pursuant to this
Contract at Closing or fails to perform any of Seller's other obligations hereunder either prior to
or at the Closing for any reason other than the termination of this Contract by Seller pursuant to a
right so to terminate expressly set forth in this Contract or Purchaser's failure to perform
Purchaser's obligations under this Contract, then Purchaser shall have the right to terminate this
Contract by giving written notice thereof to Seller prior to or at the Closing whereupon the
Earnest Money that have been deposited with the Title Company shall be returned to Purchaser
and neither party hereto shall have any further rights or obligations hereunder.
(c) If either Seller or Purchaser becomes entitled to the Earnest Money upon
cancellation of this Contract in accordance with its terms, Purchaser and Seller covenant and
agree to deliver a letter of instruction to the Title Company directing disbursement of the Earnest
Money to the party entitled thereto.
Section 13. Entire Contract. This Contract (including the attached exhibits) contains the
entire contract between Seller and Purchaser, and no oral statements or prior written matter not
specifically incorporated herein is of any force and effect. No modifications are binding on
either party unless set forth in a document executed by that party.
Section 14 Assigns. This Contract inures to the benefit of and is binding on the parties
and their respective legal representatives, successors, and assigns. Neither party may assign its
interest under this Contract without the prior consent of the other party.
Section 15. Time for Execution. If Seller has not executed and returned a fully
executed copy of this Contract to Purchaser by 5:00 p.m., Fort Worth, Texas time on February
24, 2006, this Contract shall be null and void.
Section 16. Time of the Essence. Time is of the essence under this Contract.
Section 17. Taking Prior to Closing. If, prior to Closing, the Property or any portion
thereof becomes subject to a taking by virtue of eminent domain, Purchaser may, in Purchaser's
sole discretion, either (i) terminate this Contract whereupon the Earnest Money that has been
deposited with the Title Company shall be returned to Purchaser, and neither party shall have any
further rights or obligations hereunder, or(ii)proceed with the Closing of the transaction with an
adjustment in the Purchase Price to reflect the net square footage of the Property after the taking.
Section 18. Governing Law. This Contract shall be governed by and construed in
accordance with the laws of the State of Texas.
Section 19. Performance of Contract. The obligations under the terms of the
Contract are performable in Tarrant County, Texas, and any and all payments under the terms of
the Contract are to be made in Tarrant County, Texas.
Section 20. Venue. Venue of any action brought under this Contract shall be in Tarrant
County, Texas if venue is legally proper in that county.
Section 21. Severability. If any provision of this Contract is held to be invalid,
illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not
affect any other provision, and this Contract will be construed as if such invalid, illegal, or
unenforceable provision had never been contained herein.
Section 22. Business Days. If the Closing date or the day for performance of any act
required under this Contract falls on a Saturday, Sunday, or legal holiday, then the Closing date
or the day for such performance, as the case may be, shall be the next following regular business
day.
Section 23. Counterparts. This Contract may be executed in multiple counterparts,
each of which will be deemed an original,but which together will constitute one instrument.
Section 24. Survival. The obligations of this contract that cannot be performed before
termination of this contract or before closing will survive termination of this contract or closing,
and the legal doctrine of merger will not apply to these matters. If there is any conflict between
the Closing Documents and this contract,the Closing Documents will control.
Section 25. Contract Construction. The parties acknowledge that each party and, if it so
chooses, its counsel have reviewed and revised this Agreement and that the normal rule of
construction to the effect that any ambiguities are to be resolved against the drafting party must
not be employed in the interpretation of this Agreement or any amendments or exhibits hereto.
Exhibits
The following are attached to and are a part of this contract:
Exhibit A—Description of the Land
Exhibit B- Special Warranty Deed
Exhibit C- Lease Termination Notice
This Contract is executed as of the Effective Date.
SELLER: PURCHASER:
CIOtttAs4iAIi
T W Gospel Assembly Church
By:
Marc City Manager Williard H. Bone, Chairman of Trustees for
Gospel Assembly Church
Date: — 7 D Date:–2 ! ,( 7— -;ZC3 0 e
Attest
Majt),Eendrix
City Secretary
Approved to Legaa ty and Form
A4sistant City Attorney
-� ':z I LLLO 4
Contract AuthorizatiovL
(�(--I 4-Cks-
Date
i�+► KOID1
R"01109
4..
ra
Its
a I i YiN WaA3\s N0.t7f �.' >• ,r__�Ea \ , IY � � i
4 Vi i^;� ��k0]1:p gQ,btr' 1' 0 I�j� ^�,-�� `\ ���'� ��• I �Nl
I Vraavi
`y 1 ii I
0
I 'J,•� 'Ib
U �_----'1-iH I 0.1 yl ,5 9 v CH'I
.<•WI m �r I I I FL��YLJI
I O
it b
ate* I
ko
p�)
x
IRV
pq
fg
Ng
Ell J�j
N JE
ai
12
't+�� \n:se.Sao`s"`=` /' � bJnq � KNE I��.A�•�o.� �a� �
i I � €€��. i ,__"'III `a CJ'•Ippq � �o�m�-� ��i� �.
tom,/_\Y, � ��rQgi p �pG� �� � I•x,
\Y ��\\�p
a t A �2' Itl d
Exhibit B
Special Warranty Deed Form
EXAMPLE OF
SPECIAL WARRANTY DEED
STATE OF TEXAS §
§ Know All Persons by These Presents:
COUNTY OF TARRANT §
Date:
Grantor: CITY OF FORT WORTH
Grantor's Mailing Address: 1000 Throckmorton Street
Fort Worth, Tarrant County, Texas 76102
Grantee:
Grantee's Mailing Address:
Consideration:TEN AND NO/100 DOLLARS ($10.00) and other good and valuable
consideration.
Property:
Reservation from and Exceptions to Conveyance and Warranty:
An avigation easement is reserved on behalf of the public for free and unobstructed
passage of aircraft over the subject property in the navigable airspace above the minimum
altitudes of flight prescribed by federal regulations, including airspace needed to ensure
safety in the takeoff and landing of aircraft. Grantee hereby releases the Grantor, its
officers, agents and employees from any and all claims and liability resulting from the
noise, vibration, fumes, dust fuel, electromagnetic interference and lubricant particles and
all other effects, whether such claims are for injury or death to person or persons or
damages to or taking of property, arising out of or in connection with the use of this
easement,when such use is in compliance with the regulations and guidelines of the Federal
Aviation Administration, successor agency, or other governmental authority with
jurisdiction over the matter.
For Grantor and Grantor's, successors and assigns forever, a reservation of all oil, gas, and other
minerals in and under and that may be produced from the Property. If the mineral estate is
subject to existing production or an existing lease, this reservation includes the production, the
lease, and all benefits from it.
1FFIC3A1 KORO
C191Y S"CIMA�1�
. ruff m, TEK,
Grantor and Grantor's successor or assigns shall have any right to enter the Property in
accordance with adopted City Ordinances governing gas and oil exploration and development.
This conveyance is further subject to all restrictions, reservations, easements, prescriptions, right
of way, maintenance or similar charges and any liens securing the payment thereof, declarations,
covenants and conditions of record, if any, only to the extent they are presently in effect.
Grantee acknowledges that Grantor has not made and does not make any representations as to
the physical condition, or any other matter affecting or related to the property (other than
warranties of title as provided and limited herein). Grantee expressly agrees that, to the
maximum extent permitted by law, the property is conveyed "AS IS" and "WITH ALL
FAULTS", and Grantor expressly disclaims, and Grantee acknowledges and accepts that Grantor
has disclaimed, any and all representations, warranties or guaranties, of any kind, oral or written,
express or implied (except as to title as hereafter provided and limited) concerning the property
including without limitation the value, condition, merchantability, habitability, marketability,
profitability, suitability or fitness for a particular use or purpose,of the property.
Grantor expressly reserves out of the property conveyed in this instrument a perpetual flowage
easement including the right to inundate, flood and overflow all of the property as shown on the
recorded plat. Grantor shall not be liable for any damages resulting from the reasonable use of
this easement. Further, Grantee shall not construct any structures and/or improvements beyond
the established lake front property line, unless specifically permitted in the following paragraph.
Any and all such permitted structures and/or improvements which extend into the flowage
easement shall be constructed at a minimum finished floor elevation level of six hundred and one
(601) feet.
There is expressly granted unto Grantee an easement without warranty expressed or implied over
the lands of the Grantor and the waters of Lake Worth, as they may be located from time to time,
for water recreational purposes, for the purpose of ingress and egress to and from Lake Worth,
and for the construction, maintenance and use of piers, docks and boat houses including the
storage of boats, on the following described water and lands:
A) the lands enclosed on one side by the lakefront property line of Grantee, on a second side
by the waters of Lake Worth, and on a third and fourth side by two lines, each beginning
at opposite ends of Grantee's lakefront property line, and each being a projection of the
side lot lines of each lot as described in the metes and bounds. (Hereinafter referred to as
the "Access Easement".) (See Typical Water Use and Access Easement Exhibit A,
attached hereto.);
B) the waters of Lake Worth, except that such use shall be nonexclusive except for such
piers and docks constructed thereon;
C) the land lying under the waters of Lake Worth that are adjacent to the access easement,
lying between two lines, each beginning at opposite ends of Grantee's lakefront property
line, and each being a projection of the side lot lines of each lot as described in the metes
and bounds. (See Typical Water Use and Access Easement Exhibit A, attached hereto.);
D) All improvements, piers or structures on each easement must abut the lake ry " �,u
1 N
line of the property conveyed herein and cannot extend into the waters of ,
FT. WFORTH, TEX.
such distance as to deny access to said waters by adjoining land owners. Such
improvements, piers or structures may extend to a point 100 feet from the lakefront
property line into the waters of Lake Worth regardless of the depth of the water at the
point, or to the point at which the elevation of the land lying under Lake Worth is not
greater than 584 feet above mean sea level, but in no instance to extend further than 150
feet from the lakefront property line into the waters of Lake Worth. No construction
beyond the above mentioned limits shall be considered without the prior written approval
from the Director of Engineering for the City of Fort Worth. Variance shall be considered
on a case by case basis. A Typical Water Use and Access Easement drawing is attached
and incorporated to this Special Warranty Deed as Exhibit"A";
It is specifically understood that Grantor shall retain any and all interests in the above described
water and lands subject to such water use and access easement, and does not intend to convey
any of these interests to Grantee unless specifically granted hereto.
Operation,Maintenance and Abandonment of Sanitary Sewer/Septic Systems
Grantee shall be responsible for operating and maintaining individual septic systems, sewer lines
and laterals on the property conveyed from the point of the City of Fort Worth sewer connection.
Grantee shall connect to public sewer service when available and Grantee shall be responsible
for all applicable connection fees. Further, Grantee shall be responsible for the proper
abandonment of the septic system, sewer lines and laterals. The cost of such abandonment shall
be the sole responsibility of Grantee. Grantee agrees to allow the Grantor access to the lot at
reasonable times for the purpose of inspecting the operation of the septic system to verify
compliance with applicable federal and state laws and statutes as well as the charter and
ordinances of the City of Fort Worth.
Grantee shall, at Grantee's expense, connect the water and sewer lines of the property to the
water and sewer systems to be installed by Grantor to serve the property, when such water and
sewer system is available for connection, including but not limited to paying tap fees and impact
fees as required by City Ordinances.
This conveyance is expressly made and accepted subject to all easements, restrictions, and other
instruments properly of record.
Nothing in this conveyance shall be construed as a waiver of the powers of Grantor to enact
ordinances as a municipal corporation or as any reservation of the power in Grantor to vary the
estates in land conveyed or reserved herein.
Grantor, for the consideration and subject to the reservations from and exceptions to conveyance
and warranty, grants, sells and conveys to Grantee the property, together with all and singular the
rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's
heirs, executors, administrators, successors, and assigns forever. Grantor binds Grantor and
Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and
singular the property to Grantee and Grantee's heirs, executors, administrators, successors and
assigns against every person whomsoever lawfully claiming or to claim the same or any part
thereof, except as to the reservations from and exceptions to conveyance and warranty, by,
through and under it,but not otherwise.N
ITf
R W T , TAX.
When the context requires, singular nouns and pronouns include the plural.
IN WITNESS WHEREOF, Grantors have caused this instrument to be executed on this the
day of , 20
APPROVED AS TO FORM CITY OF FORT WORTH
AND LEGALITY:
Assistant City Attorney Assistant City Manager
GRANTEE
THE STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Marc A. Ott,
known to me to be the person and officer whose name is subscribed to the foregoing instrument,
and acknowledged to me that he executed the same as the act and deed of the City of Fort Worth,
a municipal corporation of Tarrant County, Texas, for the purposes and consideration therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
, 2003
THE STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on by
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
, 2003
Exhibit "A" to the Special Warranty Deed
Typical 'Water Use
and
Access Easement
Any structure Waters
in this area of
may not deny Lake Worth
U.I
water access to adjoining
IEosement landowners
100' Normal
150' �M....m�
I
Access '
I Easement
I` (Dist. Varies)
I Lokelro^t Property L'^O
Property
Conveyed
Public Right—of—Way
Refer to Paragraph 'D' on Page 2
NTS of Special Warranty Deed.
Exhibit"C"
EXAMPLE OF
LEASE AND EASEMENT TERMINATION
THE STATE OF TEXAS §
COUNTY OF TARRANT §
WHEREAS, the City of Fort Worth ("Lessor"), acting by and through its duly authorized
Assistant City Manager and made and entered into a 50 year Lease Agreement ("Lease")
on for property described as Lot , Block , Lake Worth Lease Survey, aka
and
WHEREAS, the Lease has been assigned to ("Lessee") the current Lessee of the
Leased Land; and
WHEREAS, the Lease was amended in City Secretary Contract Number to
correctly identify the Leased Land as Lot , Block , Lake Worth Lease Blocks,
situated in the City of Fort Worth, Tarrant County, Texas, as shown on the plat recorded in
Cabinet A, Slide , Plat Records, Tarrant County, Texas; and
WHEREAS, Lessee desires to purchase the Leased Land from Lessor and thus terminate
the Lease on the Leased Land.
NOW THEREFORE, Lessor and Lessee, acting herein by and through their duly
authorized representatives hereby acknowledged and agree that upon Lessee purchasing Lot
, Block , Lake Worth Lease Blocks, situated in the City of Fort Worth, Tarrant
County Texas and recorded in Cabinet A, Slide , Tarrant County Plat Records, the Lease
shall automatically terminate and any access or use easements not shown on the plat shall
automatically terminate.
EXECUTED as of the day of , 200_.
LESSOR LESSEE
CITY OF FORT WORTH
Marc A. Ott, Assistant City Manager
APPROVED AS TO FORM AND LEGALITY:
Assistant City Attorney
After Recording Please Return to:
City of Fort Worth
Real Property Division
T
1000 Throckmorton
Fort Worth, Texas 76102
r
4
1 J
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority, on this day personally appeared Marc A. Ott, known to me
to be the person and officer whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same as the act and deed of the City of Fort Worth, a
municipal corporation of Tarrant County, Texas, for the purposes and consideration therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
92006
Notary Public, State of Texas
THE STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority, personally appeared on this day, known to me to be
the person whose name is subscribed to the foregoing Lease Termination, and who
acknowledged to me that the document was read in its entirety and understood and was executed
for the purposes and consideration expressed therein.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
2006
Notary Public
Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 2/14/2006
DATE: Tuesday, February 14, 2006
LOG NAME: 30GOSPEL REFERENCE NO.: **L-14164
SUBJECT:
Approve the Sale of the Lake Worth Lease Property Located at 9604 Heron Drive, Lake Worth
Lease Known as Block 27, Lot 1, to Gospel Assembly Church, Willard H. Bone, Chairman of
Trustee's Current Lessee of this Lease Property
RECOMMENDATION:
It is recommended that the City Council:
1. Approve the sale of a 0.71 acre tract of land located at 9604 Heron Drive and also known as Block 27,
Lot 1; and
2. Authorize the City Manager to execute the appropriate documents to complete the sale.
DISCUSSION:
The Texas Local Government code, Section 272.001(h), allows a municipality to sell within 5,000 feet of the
shoreline of a lake, to the person(s) leasing the land for fair market value of the land.
The Gospel Assembly Church has leased the property at 9604 Heron Drive from the City since August 16,
2004. The sales price negotiated by staff is $18,200.00 based on appraisal. The Gospel Assembly Church
will pay all closing costs associated with the sale.
A Church operates on the property under a residential/ecclesiastical lease and therefore was not included
on the list of lease lots previously approved for a direct sale under M&C L-13249.
This property served by a public water supply and a municipal sewer system.
This property is located in COUNCIL DISTRICT 7.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the Engineering Department, Real Property Division, will be responsible
for the collection and deposit of funds due the City.
TO Fund/Account/Centers FROM Fund/Account/Centers
FE70 442302 030001902000 $18,200.00
Submitted for City Manager's Office by: Marc Ott (8476)
Originating Department Head: A. Douglas Rademaker (6157)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 3/8/2006
Page 2 of 2
Additional Information Contact: A. Douglas Rademaker (6157)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 3/8/2006