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HomeMy WebLinkAboutContract 35425���;���r ��������� • CONTRACT OF SALE AND PURCHASE ,. �����,�.�-y�,��� �'� �i ( (Purchase by City of Fort Worth) `�' THIS CONTRACT OF SALE AND PURCHASE ("Contract") is made and entered into by and between the CITY OF FORT WORTH, TEXAS, a home rule Municipal Corporation of the State of Texas located within Tarrant, Denton, Parlcer, and Wise Counties, Texas, acting by and through its duly authorized City Manager or Assistant City Manager ("Purchaser") and Charles Wyche, ("Seller") 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 a 5.997 acre tract of land located in the J. Asbury Survey, Abstract No. 47, Tarrant County, Texas, City of Fort Worth, being a portion of Blocic 1, Southside Twin Addition, a subdivision as recorded in Volume 388-53, Page 77, Plat Records, Tarrant County, Texas, and as conveyed to Charles Wyche in Volume 11480, Page 2058 of the Deed Records of Tarrant County, Texas, together with any easements, rights-of- way, licenses, interests, and rights appurtenant thereto (collectively, the "Property"), and being more particularly described in the attached Exhibit "A", incorporated herein for all purposes. 2. Purchaser is a municipal corporation that desires to acquire the Property for public use. 3. Seller desires to sell the Property for fair market value for public use, which will benefit the citizens of the City of Fort Worth in general. 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 and the survey (as defined below in Section 3) that are not cured and that are subsequently waived pursuant to Section 3 or ("Permitted Encumbrances"). (c) Seller shall convey all rights of title and interest in any water and water rights in the Property. Seller shall retain all mineral interests in the Property except that Seller shall waive any and all rights of egress and ingress upon or across the surface of the Property for purposes of exploring for or dev�lopin� oil, gas hydrocarbons, or other minerals. CFW Purchase from Wyche Page 1 - Rev. 6/18/09 Section 2. Independent Contract Consideration and Purchase Price. (a) Contemporaneously with the execution of this contract, Purchaser delivers to Seller a check in the amount of Fifty Dollars and 00/100 Dollars ($50.00) ("Independent Contract Consideration") as independent consideration for Seller's execution, delivery and performance of this Contract. This Independent Contract Consideration is in addition to and independent of any other consideration or payment provided for in this Contract, is non- refundable, and shall be retained by Seller notwithstanding any other provision of this Contract. (b) The purchase price ("Purchase Price") for the Property, payable by Purchaser to Seller at closing (defined below), is TWO HUNDRED THIRTY-FIVE THOUSAND ONE HUNDRED and 00/100 DOLLARS ($235,100.00). Seller has determined that the Purchase Price reflects the current fair marlcet value of the Property. Section 3. Title Commitment and Survey. (a) Within thirty (30) days after the Effective Date, Purchaser shall obtain at Seller's sole cost and expense (i) an Owner's Commitment for Title Insurance ("Title Commitment") from the Alamo Title Company, Attn: Lavonne Keith, 1300 University DR, STE 100, Fort Worth, Texas 76107 Telephone Number 817-331-1318 and Fax Number 817-331-1365, setting forth the status of the title of the Property and showing all Encumbrances and other matters, if any, relating to the Property; and (ii) a legible copy of all documents referred to in the Title Commitment, including but not limited to, plats, reservations, restrictions, and easements. (b) Within ten (10) days after the Effective Date of this Contract, Seller shall provide to Purchaser a copy of a survey of the Property (the "Survey") at Seller's sole cost and expense. The Survey shall consist of a plat and field notes describing the Property, prepared pursuant to a current on-the-ground staked survey performed by a registered public surveyor or engineer satisfactory to Purchaser and Title Company. The Survey shall (i) be certified to Purchaser, its successors and assigns, and Title Company, (ii) reflect the actual dimensions of and the total number of square feet within the Property net of any portion thereof lying within a publicly dedicated roadway or a utility easement, (iii) identify any rights-of-way, easements, or other Encumbrances by reference to applicable recording data, and (iv) include the Surveyor's registered number and seal and the date of the Survey. The description of the Property prepared as a part of the Survey will be used in all of the documents set forth in this Contract that require a legal description of the Property. (c) If the Title Commitment or Survey discloses any Encumbrances or other matters, which are not acceptable to Purchaser in Purchaser's sole discretion, then Purchaser shall give Seller written notice thereof within iifteen (15) days after receipt of the Title Commitment, Survey and all documents referred to in the Title Commitment, specifying Purchaser's objections ("Objections"), if any. If Purchaser gives such notice to Seller, Seller shall use its best efforts to cure the Obj ections, but shall be under no obligation to do so. (d) If Purchaser gives notice of Objections and Seller does not cure the Objections, cause the Title Commitment and Survey to be amended to give effect to matters that are cured, and give Purchaser written notice thereof within the; fifteen (15) day period following receipt of .._,::,r.: CFW Purchase from Wyche ,� �, 1;� ;;; j,�'�� a L( 2�;:, Page 2 .----..N.._ .-__ ._ . Rev. 6/18/09 the notice of Objections from Purchaser ("Cure Period"), Purchaser shall have the right either (i) to terminate this Contract by giving written notice thereof to Seller at any time after the expiration of such Cure Period but prior to the expiration of the option period (as defined below in Section 6) and, upon such termination, neither party hereto shall have any further rights or obligations, or (ii) to waive the Objections and consummate the purchase of the Property subject to the Objections which shall be deemed to be Permitted Encumbrances. Notwithstanding the foregoing sentence, if Seller has commenced curing the Objections and is diligently prosecuting the same, as determined by Pui•chaser in Purchaser's sole discretion, then 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. Review Reports. Within five (5) days after the Effective Date, Seller shall deliver to Purchaser for Purchaser's review any and all environmental or engineering reports and studies in Seller's possession concerning the Property ("Reports"). Section 5. Tests. Purchaser, at Purchaser's sole cost and rislc, shall have the right to go on to the Property, including the Improvements, to malce inspections, surveys, test borings, soil analysis, and other tests, studies and surveys, including without limitation, environmental and engineering tests, borings, analysis, and studies ("Tests"). Any Tests shall be conducted at Purchaser's sole rislc and expense, and Purchaser agrees to indemnify and defend Seller and the Property from any liens and claims resulting from such Tests. The Property will be restored by Purchaser to its original condition at Purchaser's sole expense following any site worlc. In the event this transaction does not close for any reason whatsoever, the Purchaser shall release to Seller any and all independent studies or results of Tests obtained during the option period (as defined below). Section 6. Option Period. (a) Notwithstanding anything to the contrary contained in this Contract, until ninety (90) 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 uses, including, without limitation, Purchaser being satisfied with the results of the Tests (deiined in Section 5 above). (b) If Purchaser is not satisfied in Purchaser's sole and absolute discretion as to the condition precedent described in Section 6(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 gives notice of Contract termination to Seller under this Section, any Earnest Money shall be returned to Purchaser. (d) The provisions of this Section 6 control all other provisions of this Contract. ':.>;�'�1 ;�`:�L;�'L�'�;�i�r`'� CFW Purchase from Wyche „ � '�' Page 3 � 'y,"�, � if. �, ��i� Rev. 6/18/09 'f . .� ,�V:�JI'� ��: (e) The parties agree that the Option Period will not be extended upon expiration without a written amendment signed by both parties. Section 7. Closin� Contin�encies (a) The closing ("Closing") of the sale of the Property by Seller to Purchaser shall occur through the office of the Title Company in no more than (15) days after the satisfaction of the following contingencies to Closing ("Closing Contingencies"), but not later than July 13, 2007. The Closing Contingencies are as follows: (1) Purchaser having obtained all necessary municipal approvals for rezoning of the Property to Planned Development/Specific Use for all uses. (b) Purchaser agrees to pursue the approvals and agreements described in the Closing Contingencies above with reasonable diligence. Seller agrees to cooperate fully with Purchaser in connection with Purchaser's pursuit of the above approvals. (c) If any Closing Contingencies are not satisfied to Purchaser's satisfaction so that Purchaser is prepared to close on or before July 13, 2007, then Purchaser must terminate this Contract, and upon the termination, Seller shall retain the Earnest Money and any interest earned and neither party will have any further rights or obligations hereunder; however, the Closing may be extended if the Closing Contingencies are not satisfied if agreed to in writing by the parties. Section 8. Closin Subject to Section (d) below, Closing shall occur on or after June 22, 2007, but no later than July 13, 2007. (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 General Warranty Deed ("Deed"), fully executed and acicnowledged 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 10 below; (ii) Any other instrument or document necessary for Title Company to issue the Owner Policy in accordance with Section 8(a)(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, adjusted for closing costs and prorations. CFW Purchase from Wyche �S I f�1�, '1 1� .;'J�f J ', '�'.S���Ji�7i��� �.� 1: �.' ` ? � J�: �7 �, ., ,- ., - - �' —. �. '`J �' ll � �' �l'' y:�LS J�/C'� "i ;`% c; ,; . j„ �; ,^ , �`i� , L,jj U ��� �i �' 'l Page 4 Rev. 6/18/09 (3) Title Company shall issue to Purchaser, at Seller'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 farm 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, 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) Seller and Purchaser shall each pay their respective attorneys' fees. (5) Seller shall pay all recording fees and any other closing costs as set forth by the Title Company. (6) Seller shall pay all closing costs. (b) Ad valorem and similar taxes and assessments, if any, relating to the Property shall be prorated between Seller and Purchaser as of the Closing, based on estimates of the 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 8(b) survive the Closing. (c) Upon completion of the Closing, Seller shall deliver possession of the Property to Purchaser, free and clear of all tenancies of every kind. (d) If Purchaser is not prepared to close on or before July 13, 2007, the Closing may be extended if agreed to in writing by the parties. Section 9. A�ents. 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. Closin� Documents. No later than fifteen (15) days prior to the Closing, Seller shall deliver to Purchaser a copy of the General Wananty Deed, which is subject to Purchaser's reasonable right of approval. 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 s,eti for-th below for the party to whom the CFW Purchase from Wyche ,� , J��, ..'ri;`�'r���;t j�'i�s<<. Page 5 Rev. 6/18/09 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) (c) The address of Buyer under this Contract is: City of Fort Worth 1000 Throckrriorton Street Fort Worth, Texas 76102 Attention: Deanna Tate-Cody Telephone: 817-392-8379 Fax: 817-392-8361 The address of Seller under this Contract is: Charles Wyche 6508 Lavano Drive Fort Worth, Texas 76134 Telephone: 817-266-118 8 With a copy to: Vicki Ganske City Attorney's Office 1000 Throcicmorton Fort Worth TX 76102 Telephone: (817) 392-7765 Fax:: (817) 392-8359 (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. 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. (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 pur•suant 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 and neither party hereto shall have any further rights or obligations hereunder. Section 13. Entire Contract. This Contract (including the attached Exhibits) contains the entire contract between Seller and Purc�aser, and no oral statements or prior written matter not - �"� � � � CFW Purchase from Wyche -�� � e; '� S';jy.��r;� Page 6 :=� `+��;:�,^;;�`(t" �,��r' ; Rev.6/18/09 � : v. i u, � �.i:, i speciiically incorporated herein is of any force and effect. No modiiications 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 written 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 March 16, 2007, this Contract offer shall be null and void. Section 16. 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 and neither party shall have any further rights ar 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 talcing. Section 17. Governing Law. This Contract shall be governed by and construed in accordance with the laws of the State of Texas. Section 18. 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 19. Venue. Venue of any action brought under this Contract shall be in Tarrant County, Texas if venue is legally proper in that County. Section 20. 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 21. Business Days. If the Closing or the day for performance of any act required under this Contract falls on a Saturday, Sunday, or legal holiday, then the Closing or the day for such performance, as the case may be, shall be the next following regular business day. Section 22. Counternarts. This Contract may be executed in multiple counterparts, each of which will be deemed an original, but which together will constitute one instrument. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] CFW Purchase from Wyche r..�,�,� t -,��;;�.,� ::'�7J�'�*�:�'! ���r ,°�n� .F V c�i' �+' : �� ',� °" ;:l c. _ � �>Ji�6� J� 'cl���,�` ��, . �-; � � i� �- !�. ` -� 4':� ';;'E'�ltic;�f� ����1��, ___�.' .::���_ �4= ' Page 7 Rev. 6/18/09 This Contract is executed as of the Effective Date. : , ._ CITY OF FORT WORTH By: ���C� .ae��r��l �i Marc A. Ott 't- Assistant City Manager Date: � � �3- � C�'% � ) `i�.---5� r �__ C�nt�:act� �u�ho�iz��ic�� Attest ��� I v-� _ ; �, -�� ��� � �-� �i���, � �. � �. �- Date Marty Hendrix City Secretary Approved as to Legality and Form . ✓��� Assistant City Attorney SELLER: BY� ��4 GJ,,�J� Name: Charles Wyche Date: �_,��� 7 By its execution below, Title Company agrees to perform its other duties pursuant to the provisions of this Contract. TITLE COMPANY: ALAMO TITLE INSURANCE By: Name: �. �^ � t �� l�. Title: .,� t����-, �� ��.sv�.��.�, Date: � � �, 'v�I��l J����'����.;!�1�j �� ,-. � �,2t� ��,,�1 � ..IJ-L.,, 7 . .. � By its execution below, Title Company agrees to perform its other duties pursuant to the provisions of this Contract. TITLE COMPANY: Alamo Title Company Attn: Lavonne Keith 1300 University Drive, Suite 100 Fort Worth, TX 76107 Telephone: 817-331-1318 Fax: 817-331-1365 By: Name• Title: Date: � '�;;� � 1 -� � � . � :� ; � , ; n y �,a��!� u, ,. 'i„ ��`��' vi C 1.: �: iS U! :'1•: �� 1�'�� ..�v,��✓.'�f1�1'ij ���G��: CFW Purchase from Wyche Page 9 Rev. 6/18/09 Title Survey 5.997Acre J. Asbury Survey A-47 Tarrant County, Texas EXHIBIT "A" FN D 0144(MVJC) September 18, 2006 SAM, Inc. Job No. 25002E-01 DESCRIPTION OF A 5.997 ACRE (261,211 SQ. FT.) TRACT OF LAND LOCATED IN TT� J. ASBURY SURVEY ABSTRACT NO. 47, TARRANT COLINTY, TEXAS, CITY OF FORT WORTH, BEING A PORTION OF BLOCK 1 SOUTHSIDE TWIN ADDTTION, A SUBDNISION AS RECORDED IN VOLUME 388-53, PAGE 77 OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS, AND AS CONVEYED TO CHARLES WYCHE, IN VOLUME 11480, PAGE 2058 OF THE DEED RECORDS OF TAItRANT COIJNTY, TEXAS, (D.R.T.C.TX.), SAID 5.997 (261,211 SQ. FT.) ACRE TRACT, AS SHOWN ON SAM INC. DRAWING NO. C094-25002E-01, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 3/4-inch uon rod (control monument) found in the west right-of- way (R.O.W.) line of Old Hemphill Road (a variable width R.O.W.) for the southeast comer of a tract of land as described in the deed to Al�am F. Rihani, as recorded in Volume 7979, Page 1616 of the D.R.T.C.TX., 'I`HENCE with the common lines of said R.O.W. line and said Rihani tract the following three (3) courses: 1. With the are of a curve to the right, having a radius of 868.51 feet, a central angle of 23°45'21", an arc length of 360.10 feet, whose chord bears N 10°02' 13"E, a distance of 357.53 feet to a calculated point, 2. N 21 °54'S3" E, a distance of 17.80 feet to a calculated point, and 3. VJith the arc of a curve to the left, having a radius of 660.20 feet, a central angle of 09°31'45", an arc length of 109.80 feet, whose chord bears N 17°09'Ol" E, a distance of 109.67 feet to a 5/8-inch iron rod with a yellow SAM, INC. plastic cap set for the POINT OF BEGINNING and the southeast comer of said Block 1 and being the southeast comer o£ the tract described herein; TFI�NCE with the common line of said Block 1 and said Rihani tract S 89°40'S5" W, a distance of 736.29 feet to a 5/8-inch iron rod with a yellow SAM, INC. plastic cap set in the center of a creek; Page 1 of 3 i � 1 J' ',. 7 � ��.i `✓ '�,'.� h �!•� jl �(, � ;?l �.c:'� � yi � �ul�; ��1� ``� i J u G �. �� �,��r.�c�if, �tn ��. �Illa ��':E�.��';;iU111 �I�G�ia 3 Ti[le Survey 5.997Acre J. Asbury Survey A-47 Tarrant County, Te�cas r� D_oiaa�Mwc� September 18, 2006 SAM, Inc. Job No. 25002E-01 THENCE crossing said Block 1 with the centerline of said creek the following two (2) courses: 1. N 17°27'21" E, a distance of 125.48 feet to a 5/8-inch iron rod with a yellow SAM, INC. plastic cap set, and 2. N 47°37'06" E, a distance of 745.17 feet to a calculated point in the common line of said Block 1 and said R.O.W. line, from which a 1/2-inch iron rod (control monument) found bears the following four (4) courses: 1. N 15°51'OS" W, a distance of 240.76 feet to a calculated point being the northeast corner of said Block 1 and the southeast comer of Lot 3BB, Block A-R of the Revision of Lot 3B and Part of I,ot 3C, Block AR as recorded in Volume 388-103, Page 184, P.R.T.C.TX., 2. N 15°09'33" W, passing a 1/2-inch iron rod found 1.23 feet right of line at a distance of 592.83 feet, and continuing for a total distance of 944.53 feet to a calculated point, 3. N 74°50'27' E, a distance of 40.00 feet to a calculated point, and 4. N 15°09'33" W, a distance of 36.27 feet to said 1/2-inch iron rod, THENCE with said R.O.W. line and the east lines of said Block 1 the following three (3) courses: 1. S 15"51'OS' E, passing at a distance of 25.00 feet, a 5/8-inch iron rod with a yellow SAM, INC. plastic cap set for re£erence and continuing for a total distance of 462.78 feet to a 5/8-inch iron rod with a yellow SAM, INC. plastic cap set, 2. N 74°19'S5" E, a distance of 36.00 feet to a 5/8-inch uon rod with a yellow SAM, INC. plastic cap set, and �_ flS����L � .:�4��J:{i'U ''�,"'��" �,��'�!��I��;%�j�ji :.7 L' c'- F:° �'.,. L J�'1�. � �57 '�:;.n^.�o,U; 55?? ��° ��� II, '�,.�i:�i, !;,�.II •� ��'� ��.. � �✓ ��'• Page 2 of 3 __ Tide Survey 5.997Acre J. Asbury Survey A-47 Tarrant County, Texas FN D 0144(MWC) Seprember 18, 2006 SAM, Inc. Job No. 25002E-01 3. With the arc of a curve to the right having a radius of 660.20 feet, a cenlral angle of 15°55'27", an arc length of 183.49 feet, whose chord bears S 04'Ol'S5"W a distance of 182.90 feet to the POINT OF BEGINNIIVG and containing 5.997 acres (261,211 sq. ft.) of land. THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COLINTY OF DALLAS That I, Craig U. Price, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground during May 2006 under my direction and supervision. WITNESS MY HAND AND SEAL at Dallas, Dallas County, Texas this the 26�' day of September 2006 A.D. SURVEYING AND MAPPING, Inc. 1450 Empire Central, Suite 175 Dallas, Texas 75247 Page 3 of 3 �. �, V�.,w�. Crai�g U Pnce Registered Professional Land Surveyor No. 5881 - State of Texas � ''f' !� �1:5V�J��'U/i i _. ''' �.1, ��, ���.';1'���;�:Il��,� :� c�=: �,oqo -��� e:� „^,��'�� u',� �� "li� .:��✓LJ'IGg :�10 �_.�- - •-' �"���� �._ City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 2/6/2007 DATE: Tuesday, February 06, 2007 LOG NAME: 300LD HEMPHILL REFERENCE NO.: L-14283 SUBJECT: Authorize the Acquisition from Charles Wyche of Six Acres of Vacant Land Located in Southwest Fort Worth for the Construction of a New Solid Waste Drop Off Station on Old Hemphill Road (DOE 5265) .�� RECOMMENDATION: It is recommended that the City Council: 1. Approve the acquisition of six acres of vacant land located in Southwest Fort Worth for the construction of a new Solid Waste Drop Off Station; 2. Find that the price offered in the amount of $235,100.00, plus an estimated closing cost of $2,000.00 is just compensation; and 3. Authorize the acceptance and recording of appropriate instruments. DISCUSSION: The acquisition is required for the construction of a new Solid Waste Drop Off Station to be located on Old Hemphill Road in Southwest Fort Worth. The facility will be owned and operated by the City. The acquisition amount is based on an outside independent appraisal. The land to be acquired is described as: Grantor Legal Description Charles Wyche A portion of Block 1, Southside Twin Addition of the J. Asbury Survey, Fort Worth, Tarrant County, Texas Estimated Closing Costs The property is located in COUNCIL DISTRICT 6, Mapsco 91 W. Acres 6.00 Total Amount $235,000.00 $2,000.00 $237,000.00 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds will be available in the current budget, as appropriated, of the Solid Waste Fund. TO Fund/Account/Centers Submitted for City Manager's Office by: Originating Department Head: FROM Fund/AccountlCenters PE64 541100 0525005 $237,000.00 Marc A. Ott (8476) A. Douglas Rademaker (6157) Additional Information Contact: DeAnna Cody (8379)