HomeMy WebLinkAboutContract 33873 CITY SECRETARY
CONTRACT NO.
SALES AGREEMENT
Displacee: Jose&Graciela Palos
Subject Property Address: 3502 Columbus Ave.,Fort Worth,TX
Subject Property Description: Block 5,Lot 9,Airport Acres
Parcel Number: FTW 2113
THE STATE OF TEXAS )
COUNTY OF TARRANT )
1. In consideration of$ 57,000.00 to be paid, in cash, to Jose & Graciela Palos, hereinafter
referred to as "Owner" (whether one or more natural persons or legal entities), and the
covenants herein contained, the Owner agrees to sell, convey and transfer, to the City of
Fort Worth, hereinafter referred to as "City", all that certain lot, tract or parcel of land and
improvements located thereon ("Property') as described in Exhibit A, attached hereto and
made a part hereof.
2. This agreement shall constitute a firm offer by Owner to sell the Property for the price and
on the conditions and terms herein set forth, but it shall not be binding upon City until the
City Council of Fort Worth has formally accepted and approved this agreement in a regular,
open, public meeting of the Fort Worth City Council of Fort Worth. Owner agrees that this
offer is contingent upon approval by the City of Fort Worth Council
3. Owner agrees to convey the Property to City 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 4) that are not cured and that are
subsequently waived pursuant to Section 4 below ("Permitted Encumbrances"). Owner
agrees to convey the Property by a General Warranty Deed in a form approved by City.
4. City shall obtain, at City's sole cost and expense, a Commitment for Title Insurance
("Title Commitment"). If the Title Commitment discloses any Encumbrances or other
matters which are not acceptable to City, as determined in City's sole discretion,then City
shall give Owner written notice specifying City's objections ("Objections"). If City gives
such notice to Owner, Owner shall use its best efforts to cure the Objections. If City
gives notice of Objections and Owner does not cure the Objections within thirty days
from date Objections are sent from City, then City, in lieu of completing the purchase of
the Property under the terms of this agreement, can, at its sole option and election,
proceed to acquire same by condemnation proceedings; in such event, Owner hereby
agrees to be bound by the award of the special commissioners appointed by the Court in
their determination of market value and damages, if any.
l FT. WORK TEK.
5. Owner shall be responsible for removing any environmentally hazardous waste products on
the Property, including, but not limited to, paint cans, pesticides, any containers with
unidentified liquids or solids, oil and gasoline cans, plus any other containers with
unidentified substances, from the Property prior to vacating the Property.
6. Real estate taxes for the current year will be pro-rated to the date of closing. All real
estate taxes due on the Property for prior years shall be paid by Owner at Closing. City
shall pay all the standard closing costs, excluding liens and encumbrances of record
which shall be the responsibility of the Owner.
7. This contract is performable in Tarrant County, Texas, in which County venue shall lie.
This Contract shall be governed by and construed in accordance with the laws of the State
of Texas.
8. The City is purchasing this Property for Meacham International Airport Mitigation
Program provided however, this provision shall not be construed as any limitation on the
fee simple title to the above property to be conveyed to the City.
9. Owner does hereby expressly grant to the City, its agents, employees, contractors and
assignees a Right of Entry under, over and across the Property described in Exhibit A,
attached hereto and made a part hereof for all intents and purposes.
10. Special Provisions:
(a) Closing shall occur once the Objections to the Title Commitment have been cured
by Owner or waived by City and Owner has received"Closing Notice"from City's
representatives. The "Closing Notice" shall state the date time and place for
closing the transaction.
(b) So long as Owner does not choose to remain on the Property after closing, City
shall have possession at closing.
(c) Owner may remain in occupancy of the Property for fifteen(15)days from the date
of closing or ninety (90) days after receipt of"Notice to Vacate" from City that a
comparable replacement dwelling is made available, whichever date is later. If
Owner is unable to purchase or move to a replacement dwelling within the (90)
days from "Notice to Vacate", the City may allow the Owner to lease the herein
described Property on a month-to-month tenancy basis, at a monthly rental rate of
$590.00, however in no event will the City allow Owner to lease the Property for
longer than 90 days.
(d) Owner understands and agrees that while Owner remains and occupies the Property
after closing date, Owner shall be responsible for all costs associated with (1)
maintenance of the Property, (2) all utility charges related to the Property, and (3)
maintaining a minimum of $300,000 in general liability coverage to provide
protection for personal injury and death, along with renter's insurance to cover
Owner's contents.
(e) If Owner chooses to remain and occupy the Property after closing, Owner shall
provide a certificate of insurance of the type and amount stated in 10(c) at closing
to be effective from the date of closing.
�Irf 9! CIETAPY
11. This Agreement (including the attached exhibits) contains the entire agreement between
Owner and City, 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 written document executed by the parties.
Executed in multiple originals this, the r�- day of 54, ,2006.
Owner
I
J e Palos Social Security Number
1/v AILD
r6Graciela Palos Social Security Number
City of Fort Worth
APPROlIF^ AS TO
FORM ND GALITY:
Marc A. O
Assistant City Manager
ASSIS A AT E�
Atteste By:
THE STATE OF TEXAS §
COUNTY OF TARRANT § Marty H ndrix
Citv Secretary
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
2006.
MY HETTIE LANE
COMMISSION 26, 007PIRES Notary Public for and in the State of Texas
�t__ CITY RICRET RY
Contra L p,ul..iiiJL iyation
FT. WORTH, TEX.
3
Date
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, personally appeared S D5 c. pJo.S ,
known to me to be the person whose name is subscribed as OWNER to the foregoing Agreement,
and who acknowledged to me that the foregoing instrument 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.
L Notary
Pu ANN
- Notary Public,Stateto of of Texas ,
i -'- My Commission Expires
October 03, 2007 Notary Public for and in a State of Texas
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, personally appeared
known to me to be the person whose name is subscribed as OWNER to the foregoing Agreement,
and who acknowledged to me that the foregoing instrument 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 v2 day of JLt,.e_
2006.
,NIIIII" '
;:�""�.�, LETICIA ANN ROJO
: Notary Public,State of Texas
'-.'. My Commission Expires
'`%'. �•'' October 03,2007 Notary Public for an the State of Texas
RETURN TO:
Fort Worth Meacham International Airport
Mitigation Office
4200 N. Main St., Suite 230
Fort Worth,Texas 76106-2749
Attn: Mitigation Program Manager
FAX NUMBER: (817)626-2445
xv
4
, �� , YELL,
EXHIBIT A
ATTACHMENT C
LEGAL DESCRIPTION: Lot 9,Block 5 of AIRPORT ACRES,an Addition of the City of FORT
WORTH,TARRANT County,Texas,according to the plat recorded in Volume 1792,Page 91,of the
Deed Records of TARRANT County,Texas.
offit';'Jil I MOWED
n ` 0TH, TEX,
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/8/2006
DATE: Tuesday, August 08, 2006
LOG NAME: 30MEACHAM 6P REFERENCE NO.: **L-14228
SUBJECT:
Authorize the Acquisition of 1110 and 1114 NW 36th Street, 3502, 3406, 3408, and 3410 Columbus
Avenue, Fort Worth, Texas, for the Meacham International Airport Noise Mitigation Program (DOE
5101)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the acquisition of six single-family residences (SFR) from the individual owners as detailed
below in conjunction with the Meacham International Airport Mitigation Program;
2. Find that the prices offered in the amount of $54,500.00 for 1110 NW 36th Street, $54,00.00 for 1114
NW 36th Street, $57,000.00 for 3502 Columbus Avenue, $53,000.00 for 3408 Columbus Avenue,
$73,000.00 for 3410 Columbus Avenue, and $51,500.00 for 3406 Columbus Avenue are just compensation,
plus an estimated real estate tax prorated amount not to exceed $8,000.00 for a total cost of $351,000.00;
and
3. Authorize the acceptance and recording of appropriate instruments.
DISCUSSION:
These acquisitions are in connection with the Federal Aviation Regulations (FAR) Part 150 Noise Study for
Meacham International Airport utilizing the grant funds of $3,400,000.00 for Land — Noise Compatibility of
which $170,000.00 is the City match.
On August 24, 2004, (M&C G-14473) the City Council approved the acceptance of a grant from the
Federal Aviation Administration (FAA). The formal Grant Agreement was offered to the City on August 22,
2005, and was signed and accepted on August 24, 2005, (City Secretary Contract No. 32232). The grant
allows the City to acquire fee simple title or other property interests to tracts of land within the 65 LDN
(Day-Night Sound Level), as identified in the Meacham International Airport Noise compatibility
Program/FAR Part150 Study.
The acquisition amounts are based on independent appraisals together with independent review
appraisals that comply with FAA land acquisition requirements.
In addition to paying the just compensation amounts as listed below, staff recommends that any weed
liens filed by the City on the properties be released up to a maximum of $2,000.00, thereby providing the
sellers with the settlement amounts as established.
These properties are located in the 65 LDN and are voluntary sales. The land will be cleared of the
residential improvements and incorporated into the airport boundary for future development.
Logname: 60SOUTHWEST Pagel of 2
The properties be acquired based on the appraised value amounts are as follows:
PARCEL SELLER ADDRESS LEGAL PRICE PROPERTY
2101 Estate of Bobbie 1110 NW 36th St. Lot 16, Blk 1 $54,500.00 SFR
Wright Airport Acres
Addition
2103 Hill, Viola 1114 NW 36 St. Lot 14, Blk 1 $54,000.00 SFR
Airport Acres
Addition
2113 Palos, Jose & 3502 Columbus Ave. Lot 9, Blk 5 $7,000.00 SFR
Graciela Airport Acres
Addition
2126 Garcia, Alvaro 3408 Columbus Ave. Lot 17, Blk 4 $53,000.00 SFR
Worth Hills
Addition
2127 Garcia, Alvaro 3410 Columbus Ave. Lot 4, Blk 15 $73,000.00 SFR
Worth Hills
Addition
2131 Garcia, Alvaro 3406 Columbus Ave. Lot 16, Blk 4 $51,500.00 SFR
Worth Hills
Addition
Total Just Compensation Amount $343,000.00
Estimated real Estate Tax Amount $8,000.00
Total Estimated Cost $351,000.00
This property is located in COUNCIL DISTRICT 2, Mapsco 48W.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the
Airports Grant Fund
TO Fund/Account/Centers FROM Fund/Account/Centers
GR14 541100 055218974400 $351,000.00
Submitted for Cid Manager's Office bv: Marc Ott (6122)
Originating Department Head: A. Douglas Rademaker (6157)
Additional Information Contact: Mark Thigpen (8366)
Logname: 60SOUTHWEST Page 2 of 2