HomeMy WebLinkAboutContract 38049CITY 3EpgE1'qRY log
CaNTRACT N0.
SALES AGREEMENT
Displacee: Hill Specialty Investments
Subject Property Address: 3505 Chestnut Ave., Fort Worth, TX
Subject Property Description: Block 5 Lot 13, Worth Hills Addition
Parcel Number: FTW 2109
THE STATE OF TEXAS )
COUNTY OF TARRANT )
1. In consideration of $15,075.00 to be paid, in cash, to Hill Specialty Investments, 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 i
their determination of market value and damages, if any. %..,iHUAL ILL:
CITY SECRETARY
FT. WORTH, T:
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 Airn�rt 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.
1 n CnPcial Prnvicinnc•
_.,. ...r------ - -... _.._�__...
(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
$-0- ,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 acid 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.
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
$-0- ,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.
2
1 l . 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.
Owners)
Steven Kobert Hill
Tracey Allen Hill
Alecia Diane Hill
3
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 day of , 2008.
Owners)
Steven Robert Hill
Tracey Allen Hill
Alecia Diane Hill
3
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 day of , 2008.
Owners)
Steven Robert Hill
Tracey Allen Hill
tiiecia liiane nui
3
City of Fort Worth
�G . M. Higgins, Assistant City Manager
Cor.t aCt Authors zatxolk
THE STATE OF TEXAS §
_�L�
COUNTY OF TARRANT § Date
ACKNOWLEDGEMENT
BEFORE ME,
the undersigned authority,
on this day personally appeared ,
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 the L/2 day of
, 2008.
ROSELLA BARNES
MY COMMISSION EXPIRES
Man 31, 2009
Notary Public, State of Texas
My Commission expires on the � � day of , 20(� %
f3FFICIAL RECORD
CITY SECRETARY
T. WORTH, TX
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 expres therein.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of ,
�.
i 4..9
�3
>_�� "'i
STATE OF TEXAS �
Cvu11Ti'vF
TA"i��iNT
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 day of ,
2008. -
Notary Public for and in the 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 day of ,
2008.
Notary Public for and in the State of Texas
STATE OF TEXAS §
COTJN T Y Ol 1 APu'ZAN T
� � / � � • • • f. • ,
i
�'."_ _
PaY "'B< JENNIFER CAMACHO
�* Notary Public, State of Texas
�j J My Comm. Expires Jan. 20, 2009
N
for and in the State of Texas
5
STATE OF TE//�XAS §
l�Yari
COUNTY OF §
BEFORE ME, the undersigned authority, personally appeared ���;�� �iunP, }�-� � � ,
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 �c day of Tj��
2008.
sl�ui.Yw u.e �
MY COMMISSION EXPIRES
September 13, 2011
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
0
LEGAL DESCRIPTION: Lot 13, Block 5 of AIRPORT ACRES ADDITION, to the City of FORT
WORTH, TARRANT County, Texas, according to the plat thereof recorded in Volume 1792, Page
91, of the Plat Records of TARRANT County, Texas.
1111111 • AL 0
COUNCIL ACTION: Approved on 9/23/2008
08
DATE: Tuesday, September 23, 20
LOG NAME: 30MEACHAM HILL
SlJBJECT:
Authorize the Acquisition from Hill Specialty Investments, One Single Family Residential Property
Located at 3505 Chestnut Avenue, Fort Worth, Tarrant County, Texas, Parcel No. 2109, on the
West Side of Meacham International Airport for the Total Just Compensation Amount of $15,075,00
for the Meacham International Airport Noise Mitigation Program (DOE No. 5101)
RECOIVIMEN®ATION:
It is recommended that the City Council:
1. Authorize the acquisition of one single family residential property located at 3505 Chestnut Avenue, Fort
Worth, Texas, from property owner Hill Specialty Investments for total just compensation in the amount of
$15,075.00 for the purpose of the Meacham International Airport Noise Mitigation Program; and
t1_ _: ��_ ^:,.,._,.�.... + .. ��„exe%u+„ rac rnr,ri7+G crlc for the rnnveva of
the nrnnarty and record
2. AUrlOrize UIC lrll)I IVldlldyCl W tc app�vl.niaw aw.v.av yam^••--- r•-r-•-�
the necessary documents.
®ISCUSSION:
This property acquisition is 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 has been matched by the City.
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 Part 150 Noise Study.
The .acquisition amount is based upon an independent appraisal together with independent review
appraisals that comply with FAA land acquisition requirements.
In addition to paying the just compensation amount as listed below, staff recommends that any weed liens
up to a maximum of $2,000.00 filed by the City on the properties be released 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.
The property to be acquired is based upon the appraisal amount indicated as follows:
Page 2 of 2
Address
3505 Chestnut Avenue
Legal Description
Lot 13, Block 5
Worth Hills Addition
This property is located in COUNCIL DISTRICT 25 Mapsco 48W.
Zoning Purchase Price
C1 $15,075,00
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the
Airports Grant Fund.
TO Fund/Account/Centers
Submitted for City Manager°s Office bv:
Additional Information Contact:
FROM Fund/Account/Centers
GR14 541100 055218974400 $15,075.00
Fernando Costa (8476)
A. Douglas Rademaker (6157)
Kent Penney (5403)
Laura B. Chavez (2311)
http://apps.cfwnet.org/council�acket/Reports/mc�rint.asp 9/25/2008