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Home My WebLink AboutContract 34763FORTWORTH MEMORANDUM TO THE RECORD: TO: CONTRACT FILE NO. 34763 DATE: January 16, 2007 FROM: Marty Hendrix, City Secretaiy � SUBJECT: REQUEST TO FILE "COPY" OF AN AGREEMENT WITH TXDOT FOR THE SALE OF CITY-OWNED PROPERTY TO THE STATE OF TEXAS FOR THE SOUTHWEST PARI�WAY PROJECT (SH 121) BACKGROUND The Agreement with TXDOT for the Sale of City-Owned Propei-ty to the State of Texas for the Southwest Parkway Project (SH 121) (DOE 3777) (41 a portion of Block 32 & 33, Edwards Heirs Addition & a portion of Cooper Street) was not properly processed for attest by the City Secretary and for the issuance of a Contract Number when the one (1) original was executed by Marc Ott, Assistant City Manager and by the City Attorney's Office, Assistant City Attoiney Cynthia Garcia. Tlus Agreement was approved by the Fort Woi-th City Council by M& C L- 14246 on September 19, 2006. The Agreeinent was executed with only one original that was sent back to TXDOT and only a copy was kept for the City's official files. AUTHORIZATION FOR CONTRACT NUMBER Per the direction of Assistant City Attorney Cynthia Garcia, the City Secretary's Office has been requested to issue a contract nlunber and place in the City of Fort Worth's official contract files the attached "copy" of the Agreement with TXDOT for the Sale of City-Owned Property to the State of Texas for the Southwest Parlcway Project (SH 121), without the official attest of the City Secretary due to the fact it is a copy and ilot the original docunlent. This request has been approved and a contract number issued. CITY SECRETARY'S OFFICE THE CITY OF FORT WORTH * lOOO THROCKMORTON STREET * FORT WORTH, TExas 76102 817-392-6150 * Fnx 817-392-6196 .z �'-v Printed on recycled paper �ITY SECRETARY l� �� _ CONTRACT IVO. Texas Departr�ent of Transportation P.O. BOX 6868 • FORT WORTH, TEXAS 76115-0868 •(817) 370-6500 December 6, 2006 City of Fort Worth Attn: Marc Ott, Assistant City Manager 1000 Throckmorton Fort Worth, TX 76102 Dear Mr. Ott: County: Tarrant Highway No.: S.H. 121 Location: From IH 30 to Alta Mesa Blvd. (Dirks Road) Federal Project No.: STP2004(72)MM ROW CSJ No.: 0504-02-018 District: Fort Worth Parcel No.: 41 The City of Fort Worth (hereinafter the "City") has indicated a willingness to sign a deed for its property which consists of 1.713 acres located at 800 Forest Park Blvd., Fort Worth, Texas. It is important to confirm this agreement in order to avoid any possible misunderstanding as to the details of the purchase or the process by which the Texas Department of Transportation (TxDOT) will make payment. The payment of $586,310.00 as herein agreed will constitute full payment to be made by TxDOT for the property to be conveyed to the State. TxDOT and the City have agreed to the following provisions: Until payrnent is made by T�OT, title and possession of the property to be conveyed remains with the City. The City shall bear all risk of loss to any and all such property prior to such payrnent. Either the City or TxDOT shall have the right to terminate this agreement. The payment of the amount herein stated and the terms provided constitute the only promises, consideration and conditions of this purchase; and no other promises, consideration or conditions have been signified or implied, save and except any benefits which may accrue under the State's Relocation Assistance Program and the mutual benefits to be derived by the City and TxDOT from the signing of this agreement. The State, without cost to the City, will pay the cost of recording all instruments conveying title to the State. An Equal Opportunity Employer December 6, 2006 City of Fort Worth-Parce141 Memorandum of Agreement Page 2 of 3 It is suggested that the City carefully review the proposed Right of Way Deed and satisfy itself (selves) as to its provisions. With the City's signing of this agreement and execution of the deed the State will proceed with the issuance of a State warrant which will be made out jointly to the City and to North American Title Company, agent for TxDOT. This title company has been designated as the State's closing agent and is responsible to see that TxDOT obtains clear title. They will not endorse the warrant and make payment until clear title is secured. At the same time, the City has the right to withhold endorsement of the warrant and not accept payment until it is fully satisfied on all details of the transaction. Sincerely, Scott B. Hall Right of Way Administrator Fort Worth District - r December 6, 2006 City of Fort Worth-Parce141 Memorandum of Agreement Page 3 of 3 The City of Fort Worth fully understands the Texas Deparhnent of Transportation proposal as contained in this agreement and hereby acknowledges receipt of the brochure entitled "Relocation Assistance. The City of Fort Worth understands that relocation assistance benefits are handled entirely separate from and in addition to this transaction and agree that its execution of the Right of Way Deed is based on this understanding. �'I�Y OF FORT WORTH,�exas: �' ; � � %, Marc Ott, Assistant C�ity Manag�ez a/-d�r _ �.00�7 Date ;`�`� �-�� !� � D d�� O �� ,�f�� L��,�,L.I�'�': C�� '�NT C17Y ATiORNEY Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/19/2006 DATE: Tuesday, September 19, 2006 LOG NAME: 30SWP13/41 S REFERENCE NO.: L-14246 SUBJECT: Authorize the Sale of City-Owned Property to the State of Texas for the Southwest Parkway Project (SH 121) (DOE 3777) RECOMMENDATION: It is recommended that the City Council: 1. Approve the sale of two City-owned parcels of property to the State of Texas (Texas Department of Transportation) for the construction of the Southwest Parkway Project (SH 121); and 2. Authorize the City Manager to execute the appropriate deed conveying the property. DISCUSSION: As part of the Tri-Party Agreement for the development of the Southwest Parkway between the City of Fort Worth, the North Texas Tollway Authority (NTTA), and the Texas Department of Transportation (TxDOT) (City Secretary Contract No. 26411), TxDOT is responsible for the acquisition of all right-of-way needed in both the I-30 and I-20 interchanges for the Southwest Parkway. The City owns two parcels of property located in the I-30 interchange. The City has received an offer to purchase these parcels from TxDOT. The offers were accompanied by independent appraisal reports. Staff and outside counsel havc reviewed these reports and find the ofFer to be reasonable and is recommending approval. The following is a description of the parcels: Parcel Legal Description 13 a portion of Lot 27, Block 12 Crawford Addition of the City of Fort Worth, Tarrant County, Texas 41 a portion of Block 32 and 33 of Edwards Heirs Addition of the City of Fort Worth. Tarrant County, Texas, and a portion of Cooper Street that was vacated by Ordinance 2970 Acres Amount 0.78 $49,507.00 1.713 $586,310.00 The City will retain any mineral interests it may own on these properties. The properties are located in COUNCIL DISTRICT 9. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that the Engineering Department, Real Property Services Division, is responsible for the collection and deposit of funds from this sale. TO Fund/AccountlCenters FROM Fund/Account/Centers http://www. cfwnet. org/council�acket/Reports/mc�rint. asp 1/ 16/2007 GG01 240126 0000000 0.00 Submitted for City Manager's Office b� Originating Department Head: Additional Information Contact: Marc A. Ott (8476) Douglas Rademaker (6157) Bryan Beck (7909) Page 2 of 2 http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 1/16/2007