HomeMy WebLinkAboutContract 36016 CITY SECRETARY
CONTRACT NO .
300(e-
CONTRACT OF SALE AND PURCHASE
(Sale 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, Parker, and Wise Counties, Texas, acting by
and through its duly authorized City Manager or Assistant City Manager ("Seller") and James N.
Austin, Jr. ("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 a tract of land of approximately 30,421 square foot located in the
Daniel Dulaney Survey, Abstract No. 410, in the City of Fort Worth, Tarrant County,
Texas, and being part of a right-of-way for Mansfield Avenue as shown on plat for the
Second Filing of Belmont, an addition to the City of Fort Worth recorded in Volume 678,
Pages 468 and 469, of Plat Records of Tarrant County, Texas, and as part of a 30 foot
right-of-way dedication for Mansfield Avenue as shown on plat for Ryan's Southeast
Addition, an addition to the City of Fort Worth recorded in Book 388, Pages 7 and 8, Plat
Records of Tarrant County, together with any easements, rights-of-way, licenses,
interests, and rights appurtenant thereto (collectively, the "Property"), as shown and more
particularly described on the attached Exhibit"A", incorporated herein for all purposes.
2. Purchaser is James N. Austin, Jr.
3. Seller desires to sell the Property for fair market value in a manner that will benefit the
citizens of Fort Worth in general.
4. Seller will convey the Property through direct sale in accordance with Section
272.001(b)(1) 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
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encumbrances (collectively, the "Encumbrances") except the Encumbrances appearing in the
Title Commitment (as defined below in Section 3) and the survey (as defined below)that are not
cured and that are subsequently waived pursuant to Section 3 below ("Permitted
Encumbrances").
(c) Seller shall retain all mineral interests in the Property if any. Seller waives and
conveys to Purchaser the right of ingress and egress to and from the surface of the Property
relating to the portion of the mineral estate owned by Seller.
(d) Purchaser shall grant an extension to the 75' Drainage Easement and provide a
survey to locate the extension of such easement.
(e) Purchaser shall grant a 15' Sanitary Sewer Easement and provide a survey to
identify said easement.
(f) Purchaser shall grant a Sanitary Sewer Easement for 6" M-101 and provide a
survey to identify said easement.
Section 2. Independent Contract Consideration,Purchase Price, and Earnest Money.
(a) Contemporaneously with the execution of this Contract, Purchaser delivers to
Seller a check in the amount of One Hundred and 00/100 Dollars ($100.00) as independent
consideration for Seller's execution, delivery, and performance of this Contract ("Independent
Contract Consideration"). This Independent Contract Consideration is in addition to and
independent of any other consideration or payment provided for in this Contract, is
nonrefundable, 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 in cash at closing (defined below), is Fifteen Thousand Two Hundred Ten and 00/100
Dollars ($15,210.00.00). Seller has determined that the Purchase Price reflects the current fair
market value of the Property.
(c) Within five (5) days after the execution and delivery of this Contract by Seller to
Purchaser, 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 Four Hundred Fifty and 00/100 Dollars ($450.00) as earnest money ("Earnest
Money"). Title Company shall hold the Earnest Money in escrow and deliver it in accordance
with the provisions of this Contract.
Section 3. Title Commitment and Survey.
(a) Within thirty (30) days after the Effective Date, Purchaser may obtain, at
Purchaser's sole cost and expense (i) a Commitment for Title Insurance and Title Policy ("Title
Commitment") from the Title Company of Purchaser's choice ("Title Company"), setting forth
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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 twenty-five (25) days after the Effective Date, Purchaser shall obtain, at
Purchaser's sole cost and expense, an updated survey ("Survey") consisting 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 requires a legal description of the Property.
(c) If the Title Commitment or Survey discloses any Encumbrances or other matters
that are not acceptable to Purchaser in Purchaser's sole discretion, then Purchaser shall give
Seller written notice thereof within fifteen (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 Objections, 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
the notice 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), and upon such
termination, Purchaser shall be entitled to the return of the Earnest Money, and 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 Purchaser 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 environmental or engineering reports and studies
in Seller's possession concerning the Property ("Reports").
Section 5. Representations, Warranties, "AS IS"
(a) 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
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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
ENVIRONMENTAL 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). UPON CONVEYANCE, AS
BETWEEN SELLER AND PURCHASER, THE RISK OF LIABILITY OR EXPENSE
FOR ENVIRONMENTAL PROBLEMS AFFECTING THE PROPERTY, EVEN IF
ARISING FROM EVENTS BEFORE CLOSING, WILL BE THE SOLE
RESPONSIBILITY OF PURCHASER, REGARDLESS OF WHETHER THE
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ENVIRONMENTAL PROBLEMS WERE KNOWN OR UNKNOWN AT CLOSING.
ONCE CLOSING HAS OCCURRED, PURCHASER INDEMNIFIES, HOLDS
HARMLESS AND RELEASES SELLER FROM LIABILITY FOR ENVIRONMENTAL
PROBLEMS AFFECTING THE PROPERTY, INCLUDING, BUT NOT LIMITED TO,
UNDER THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION
AND LIABILITY ACT ("CERCLA"), THE RESOURCE CONSERVATION AND
RECOVERY ACT (RCRA), THE TEXAS SOLID WASTE DISPOSAL ACT OR THE
TEXAS WATER CODE. PURCHASER INDEMNIFIES, HOLDS HARMLESS AND
RELEASES SELLER FROM ANY LIABILITY FOR ENVIRONMENTAL PROBLEMS
OR CONDITIONS AFFECTING THE PROPERTY ARISING AS THE RESULT OF
SELLER'S OWN NEGLIGENCE OR THE NEGLIGENCE OF SELLER'S
REPRESENTATIVES, BUT NOT ANY WILLFUL ACTS OR OMISSIONS OR GROSS
NEGLIGENCE OF SELLER OR SELLER'S REPRESENTATIVES. PURCHASER
INDEMNIFIES, HOLDS HARMLESS AND RELEASES SELLER FROM ANY
LIABILITY FOR ENVIRONMENTAL PROBLEMS OR CONDITIONS AFFECTING
THE PROPERTY ARISING AS A RESULT OF THEORIES OF PRODUCTS
LIABILITY AND STRICT LIABILITY, OR UNDER NEW LAWS OR CHANGES TO
EXISTING LAWS ENACTED AFTER CONVEYANCE DATE THAT WOULD
OTHERWISE IMPOSE ON SELLER IN THIS TYPE OF TRANSACTION NEW
LIABILITIES FOR ENVIRONMENTAL PROBLEMS OR CONDITIONS AFFECTING
THE PROPERTY. 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 SELLER AND PURCHASED BY PURCHASER SUBJECT TO
THE FOREGOING. PURCHASER ACKNOWLEDGES AND ACCEPTS ALL THE
TERMS AND PROVISIONS BY HIS ACCEPTANCE HEREOF.
b. The provisions of Section 5(a) shall be incorporated into the Deed.
C. The provisions of Section 5(a) shall survive the closing (as defined below).
Section 6. Option Period.
(a) Notwithstanding anything to the contrary contained in this Contract, until forty-
five (45) 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 (defined in Section 7
below).
(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
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to Seller on or before the end of the Option Period, whereupon this Contract shall terminate.
Upon such termination, Purchaser shall be entitled to the return of the Earnest Money, and
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 6 control all other provisions of this Contract.
(e) The parties agree that the Option Period will not be extended upon expiration
without a written amendment signed by both parties.
Section 7. 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
and engineering tests, borings, analyses, site assessments, and studies ("Tests). Any Tests shall
be conducted at Purchaser's sole risk 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
work. 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.
Section S. Closing Contingencies.
(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 November
12, 2007. The Closing Contingencies are as follows:
(1) Purchaser replatting the Property at Purchaser's sole expense.
(2) Any easements conveyed to the City will be at no cost to the City.
(3) All easements will be executed and ready for filing and approved by Seller
prior to Closing.
(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 November 12, 2007, then Purchaser must terminate
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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 9. 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 to existing easements, rights-of-way,
and prescriptive rights, whether of record or not, with the precise form of
the Deed to be determined pursuant to Section 11 below;
(ii) Any other instrument or document necessary for Title Company to
issue the Owner Policy in accordance with Section 9(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 such
other means of funding acceptable to Seller, in an amount equal to the Purchase
Price, adjusted for closing costs and prorations.
(3) The Title Company of Purchaser's choice 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, 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 (including any Additional Earnest Money) shall be
applied to the Purchase Price at Closing.
(5) Seller and Purchaser shall each pay their respective attorneys' fees.
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(6) Purchaser shall pay all recording fees and any other closing costs as set
forth by the Title Company.
(7) Purchaser 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 9(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.
Section 10. 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 11. Closing Documents. No later than fifteen (15) days prior to the Closing,
Seller shall deliver to Purchaser a copy of the Special Warranty Deed, which is subject to
Purchaser's reasonable right of approval.
Section 12. 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.
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(b) The address of Seller under this Contract is:
City of Fort Worth With a copy to:
1000 Throckmorton Street Vicki Ganske
Fort Worth, Texas 76102 City Attorney's Office
Attention: Real Property Division City of Fort Worth
Laura B. Chavez, Sr. Land Agent 1000 Throckmorton
Telephone: 817-392-2311 Fort Worth, Texas 76102
Fax (817) 392-8361 (817) 392-7765
DOE # 4953 Fax (817) 392-8359
(c) The address of Purchaser under this Contract is:
James N. Austin, Jr.
100 E. Mason St.
Fort Worth, Texas 76110
Telephone: (817) 923-9305
Fax (817)
(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 13. 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 to which the Seller is entitled hereunder 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
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Earnest Money 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 14. 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 15. Assigns. This Contract inures to the benefit of and is binding on the parties
and their respective legal representatives, successors, and assigns. Any attempted assignment
shall be void.
Section 16. Time for Execution. If Purchaser has not executed and returned a fully
executed copy of this Contract to Purchaser by 5:00 p.m., Fort Worth, Texas time on 3w4y020,
2007, this Offer shall be null and void.
�9 + 14
Section 17. Time of the Essence. Time is of the essence under this Contract. At-
Section
18. 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 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 19. Governing Law. This Contract shall be governed by and construed in
accordance with the laws of the State of Texas.
Section 20. 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 21. Venue. Venue of any action brought under this Contract shall be in Tarrant
County, Texas if venue is legally proper in that county.
Section 22. 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.
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Section 23. 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 24. Counterparts. 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]
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This Contract is executed as of the Effective Date.
SELLER: CITY F RT WORTH, TEXAS
By:
Assis nt City Manager `
Date: /e)-A3-o q
Attest y -
Marty Hen ix
City Secretary
M&C -1 1"-07
Date -7
DOE# 40153/
Approved as to Legality and Form
n
ivr a � S
sistant City Attor ey
PURCHASER:
es N. Austin Jr.
By:
Nam .
Title:
Date:_
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By its execution below, Title Company acknowledges receipt of the Earnest Money described in
this Contract and agrees to hold and deliver the same and perform its other duties pursuant to the
provisions of this Contract.
TITLE COMPANY:
By:
Name:
Title:
Date:
Phone
Fax
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EXHIBIT "A"
Description of Property
Insert Survey
the tract of land located in the Daniel Dulaney Survey, Abstract No. 410, in the City of Fort
Worth,Tarrant County, Texas, and being part of a right-of-way for Mansfield Avenue as shown
on plat for the Second Filing of Belmont, and an addition to the City of Fort Worth recorded in
Volume 678, Pages 468 and 469,of Plat Records of Tarrant County,Texas and the First Filing of
Belmont, and addition to the City of Fort Worth recorded in Book 309,Page 50,Plat Records of
Tarrant Count
JIMAUSTINCONTRACT FINAL8-9-07.DOC
EXHIBIT "A"
STREET VACATION
MANSFIELD AVENUE
BEING that certain lot, tract, or parcel of land located in the Daniel Dulaney Survey, Abstract
No. 410, in the City of Fort Worth, Tarrant County, Texas, and being part of a right-of-way for
Mansfield Avenue as shown on plat for the Second Filing of Belmont, an addition to the City of
Fort Worth recorded in Volume 678, Pages 468 and 469, of the Plat Records of Tarrant County,
Texas(PRTCT), and as part of a 30 foot right-of-way dedication for Mansfield Avenue as shown
on plat for Ryan's Southeast Addition, an addition to the City of Fort Worth recorded in Volume
388, Pages 7 and 8,PRTCT, subject tract being more particularly described as follows;
BEGINNING at a 1/2 inch iron rod with yellow cap marked"DiSciullo & Terry" set on the north
right-of-way line of Mulkey Street (called 50 foot R.O.W.), and at the southwest corner of Lot
IA, Block 15, of Belmont Second Filing, an addition to the City of Fort Worth according to
Replat recorded in Volume 388-67, Page 34, PRTCT;
THENCE South 89°47'45" West, a distance of 7.45 feet to a 1/2 inch iron rod with yellow cap
marked"DiSciullo&Terry" set for corner;
THENCE North 05°15'41"West, a distance of 450.05 feet to a 1/2 inch iron rod with yellow cap
marked"DiSciullo&Terry" set for corner, said iron rod being the beginning of a tangent curve to
the right;
THENCE with said curve having a central angle of 01°33'12", a radius of 5688.67 feet, a tangent
length of 77.11 feet, a chord which bears North 04°29'05" West, a chord distance of 154.21 feet,
for an arc distance of 154,22 feet to the end of said curve, a 1/2 inch iron rod with yellow cap
marked"DiSciullo&Terry"set for corner;
THENCE North 00°04'27" West, a distance of 160.07 feet to a 1/2 inch iron rod with yellow cap
marked"DiSciullo&Terry"set for corner;
THENCE South 89°48'31" East, a distance of 60.00 feet to a 1/2 inch iron rod with yellow cap
marked "DiSciullo & Terry" set for corner, said iron rod being the northwest corner of the
aforementioned Lot IA,Block 15, of Belmont Second Filing;
THENCE South 00°04'27"East,with the west line of said Lot IA, Block 15, a distance of 761.73
feet to the POINT OF BEGINNING of herein described tract, containing 30,421 square feet, or
0.698 acres of land.
Note: The bearings shown and recited hereon are referenced to a monumented east line of Lot I-
A, Block 15, of Belmont Second Filing,an addition to the City of Fort Worth according to Replat
recorded in Volume 388-67, Page 34, PRTCT, said east line being the west end of Ramsey Street
and the west line of Lot 12, Block 15, of the Second Filing of Belmont, an addition to the City of
Fort Worth recorded in Volume 678, Pages 468 and 469, of the Plat Records of Tarrant County,
Texas, PRTCT(called South).
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(CAL1m 50' R.O.w.) ALONG
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DI SCIULL13 AND TERRY, INC. CONSULTING ENGINEERS 30,421 SQ. FT. / 0.698 ACRE TRACT
401-A WEST ABRAM STREET*P.O.SOX 506 DANIEL DULANEY SURVEY — ABSTRACT NO. 410
ARLINOTON,TEXAS 761110*817-275.3361 REVISED: MAY 10. 2007 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
C DISCIULLO do TERRY, INC. 2007 REVM. MAY 8, 2007 DATE: MARCH 2O07 FILE: Bellmont Addition SVY
M&C Requt Review - IPagel of 2
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COUNCIL ACTION: Approved on 10/9/2007
DATE: 10/9/2007 REFERENCE NO.: **L-14403 LOG NAME: 30RIVERSIDE
CODE: L TYPE: CONSENT PUBLIC HEARING: NO
SUBJECT: Authorize the Sale of City Fee Owned Excess Right-of-Way, Located in the Daniel Dulaney
Survey, Abstract No. 410, Plat Records of Tarrant County, Texas, to Adjoining Property Owner
James N. Austin Jr. (DOE 4953), Authorize Acceptance of Easements and Authorize Execution
and Recording of Appropriate Instruments
r
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the Sale of City Fee Owned Excess Right-of-Way, located in the Daniel Dulaney Survey,
Abstract No. 410, plat records of Tarrant County, Texas, to adjoining property owner James N. Austin Jr., in
accordance with Texas Local Government Code 272.001 for the amount of$15,210.00;
2. Authorize and Accept One Permanent Drainage Easement and One Permanent Sanitary Sewer
Easement described in dedicated Final Plat Filing Case Number FS-007-101# ; and
3. Authorize the City Manager to execute and record the appropriate instruments.
DISCUSSION:
The City received written request from James N. Austin, Jr. to purchase City Fee Owned Excess Right-of-
Way located in the Daniel Dulaney Survey, Abstract No. 410, plat records of Tarrant County, Texas, through
the direct sale process as allowed under Local Government Code Section 272.001. Mr. Austin is the
adjoining property owner to this excess Right-Of-Way.
On May 11, 2007, the Transportation and Public Works Department determined that the excess Right-of-
Way is not needed for a future street project. An internal review process by City Departments was
conducted and has determined the surplus property is not needed for future public use. The Department of
Planning & Development has determined the zoning is consistent with the designation in the Comprehensive
Plan. An independent third party appraisal was performed and the agreed upon sales price is
$15,210.00. Mr. Austin has agreed and is responsible for all closing costs related to this transaction. As part
of the Sales Agreement, Mr. Austin is required to submit and complete a right-of-way vacation and re-plat
the property dedicating One Permanent Drainage Easement and One Permanent Sanitary Sewer
Easement. These dedicated easements are shown in Final Plat Filing Case Number FS-007-101 to be
recorded in the Plat Records of Tarrant County, Texas. The City of Fort Worth will retain all mineral interests
it may own in conjunction with the property.
Purchaser Type Legal Description Square Feet Amount
James N. Direct Sale A Tract of land located 30,421 Sq. Ft. $15,210.00
Austin, Jr. in the Daniel Dulaney
Survey, Abstract#410,
Fort Worth, Tarrant
County, Texas
http://www.cfwnet.org/council_packet/mc review.asp?ID=8433&councildate=l0/9/2007 10/10/2007
M&C Requ�tReview Page 2 of 2
These properties are located in COUNCIL DISTRICT 8, Mapsco 077V.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the Engineering Department, Real Property Services, is responsible for the
deposit and disbursement of funds at closing.
TO Fund/Account/Centers FROM Fund/Account/Centers
GC10 444573 030023001000 $15,210.00 P119 475290 0301000 $913.00
GG01 539120 0807061 $500.00
Submitted for City Manager's Office by: Marc A. Ott(8476)
Originating Department Head: A. Douglas Rademaker(6157)
Additional Information Contact: Laura B. Chavez (2311)
ATTACHMENTS
http://www.cfwnet.org/council_packet/mc review.asp?ID=8433&councildate=l0/9/2007 10/10/2007