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HomeMy WebLinkAboutContract 39291' C1TY SECRETARY ®NTRACT N4. 39ac l CV ASSIGNMENT OF TAX ABATEMENT AGREEMENT This Assignment of Tax Abatement Agreement is made and entered into by and between Woodhaven Custom Homes, L.L.C., ("Assignor") and Jeremiah Johnson and Heather Johnson, ("Assignee") and the City of Fort Worth, ("City") RECITALS A. Waterview Estates, L.P., Pars Investment, Inc., General Partner ("Waterview") and the City of Fort Worth, Texas (the "City") entered into that certain Tax Abatement Agreement ("Agreement") for Property Located 5509 Grenada Drive; Lot 22; Block 1; Waterfront at Enchanted Bay; an Addition to the City of Fort Worth, Tarrant County, Texas, according to the plat recorded and filed in Cabinet A; Slide No. 11723, Plat Records, Tarrant County, Texas ("Property") which is located in the Lake Arlington Neighborhood Empowerment Zone, such Agreement approved by the City Council of Fort Worth November 6, 2007, City Secretary Contract Number '3to'? 95,1 ("Agreement"): B. Pursuant to that certain Special Warranty Deed dated as of December 12, 2007 recorded under Tarrant County Deed Records, Waterview Estates, L.P. conveyed the Property to Assignor and Assignor acquired title to the Property which is the subject of the Agreement: C. Section 5 of the Agreement permits Waterview to assign all of its rights under the Agreement to Woodhaven Custom Homes, L.L.C. ("Woodhaven"), without obtaining the prior consent of the City Council D. III assigned the Agreement to Woodhaven Assignor, such Agreement is dated July 31, 2007, City Secretary Contract Number j '7a C E. Pursuant to that certain Special Warranty Deed dated as of June recorded under Tarrant County Deed Records, Assignor conveyed the Property to Jeremiah Johnson and Heather Johnson and Assignee acquired title to the real property which is the subject of the Agreement. F. Section 5 of the Agreement permits Assignor to assign all of its rights under the Agreement to Assignee, without obtaining the prior consent of the City Council: AGREEMENT NOW THEREFORE, in consideration of the mutual terms and conditions herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Assignment. Assignor hereby ASSIGNS, TRANSFERS AND CONVEYS all rights, duties, obligations, title and interest under the Agreement to Assignee. 2. Acceptance. Assignee hereby accepts the Assignment granted herein, and assumes all of Assignor's rights, duties and obligations arising under the Agreement. 3. Effective Date. The effective date of this Assignment is L :_ g ("Effective Date"). All rights, duties and obligations under the Agreement arising, accruing or relating to the period before the Effective Date are allocated to Assignor and all rights, duties and obligations arising, accruing or relating to the period thereafter shall be allocated to Assignee. 4. Release and Surrender of Assignor. Except as otherwise expressly set forth in this Assignment, Assignor will be discharged from any and all further obligations under the Agreement as of the Effective Date. Assignor must surrender the Property to the Assignee on or before 11:59 p. in. on the date prior to the Effective Date in its present condition. Assignor relinquishes any right to any improvements, fixtures or equipment on the Property. 5. Representations. Assignor represents, warrants and covenants with Assignee that as of the Effective Date, that Assignor is not in default under any of its obligations contained in the Agreement. 6. City of Fort Worth's Consent. City of Fort Worth hereby consents to this Assignment upon the terms and conditions set forth herein. Unless and until City of Fort Worth has executed this Assignment, this Assignment is of no effect the consent granted herein should not be construed as consent to any further assignment except as provided in the Agreement. The failure or delay of City of Fort Worth in seeking to enforce any provisions of the Agreement or this Assignment should not be deemed a waiver of rights or remedies that City of Fort Worth may have, or a waiver of any subsequent breach of the terms and provisions therein or herein contained. 7. Notices. Any notice given by any party to another party hereto must be given in the manner required under the Agreement. The addresses set forth below supercede any addresses for notices set forth in the Agreement. CITY OF FORT WORTH: City of Fort Worth Housing &Economic Development Department Neighborhood Empowerment Zone Program 1000 Throckmorton Fort Worth, Texas 76102 ASSIGNOR: Woodhaven Custom Homes, L.L.C. 1221 N. I 35E Carrollton, Texas 75006 ASSIGNEE: Jeremiah Johnson and Heather Johnson 5509 Grenada Drive Fort Worth, Texas 76119 8. Successors. Except as herein otherwise provided, this Assignment will be binding upon and inure to the benefit of the parties, and their respective heirs, executors, administrators, successors and assigns. 9. Counterparts. This Assignment may be executed in multiple counterparts, each of which, once executed, will be an original and fully -binding on the parties so executing; and all such counterparts together constitute one and the same agreement. 10. Binding_Offer. This Assignment will be not be binding until executed and delivered by all three parties. IN WITNESS WHEREOF, the parties have executed this Assignment as of the date first above written. _ ASSIGNO Name: Title: Vice President Custom Homes, L.L.0 ASSIGNEE: Jeremiah Johnson and Heather Johnson CITY OF FORT WORTH T.M. Higgins Assistant City Manager I1 Secretary APPROVED AS TO FORM AND LEGALITY: Charlene Sanders Assistant City Attorney M & C: C-22514 a FICI�,�. RECCRC CITY SECRETARY FT. WORTH, TX STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared T.M. Higgins Assistant City Manager of the CITY OF FORT WORTH, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the said CITY OF FORT WORTH, TEXAS, a municipal corporation, that he was duly authorized to perform the same by appropriate Mayor and Council Communication of the City Council of the City of Fort Worth and that he executed the same as the act of the said City for the purposes and consideration therein expressed and in the capacity therein stated. GI EN TINDER MY HAND AND SEAL OF OFFICE this day of 2009. Public in and for the State of Texas MARIA S. SANCHEZ NOTARY PUBLIC STATE OF TEXAS My Comm, ExP.12-14=2009 STATE OF TEXAS Is COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Mark Johns, Vice President of Woodhaven Custom Homes, L.L.C., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of the Woodhaven Custom Homes, L.L.C. a Texas limited liability company. GUN ER MY HAND AND SEAL OF OFFICE this day of June, 20 8. Notary Public in the State of Texcc STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Jeremiah Johnson and Heather Johnson, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated. rAW 2008. Notary Publ the State of ER MY HAND AND SEAL OF OFFICE this � day of June, and for YOUR S c Date: Grantor: Electronically Recorded Tarrant County Texas Official Public Records 2008 Jun 16 12:06 PM D208229182 Fee; $ 24100 Title GFSubmitter. ACS INC 3 Pages SPECIALLWr &MAN oY DEED WITH VENDOR'S LIEN OF�CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, �II0EMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING L�1'.l+ O ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN �?PfFF,tTY�+ ORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: CIAL�SE �UI2ITV NUMBER OR YOUR DRIVER'S LICENSE NUMBER. J Grantor's Mailing 08� Grantee: Jeremiah H. Grantee's Mailing Address: 1-Iomes, LLC, a Texas limited liability company 5.�5'Stemmons Freeway, Suite 400 South alias, Dallas County, Texas 75247 C. Johnson, husband and wife Consideration: Cash and a Note even date of We11s Fargo Bank, N,A, in the rimcipal Amoyt Hundred Fifty Five and No/100 Dollars $244,: superior vendor's lien and superior title ret ned 1 even date from Grantee to Allan B. Polinsky, Trus Property (including any improvements): Lot ENCHANTED BAY, an Addition to the City of Fc the plat thereof recorded in Cabinet A, Slide Ll Texas. Reservations from Conveyance: None. ve County, Texas 76119 xuteM by Grantee and payable to the order of o undred Forty Four 1 houband Three �f3 00 . T e Note is secured by a first and e and by a first -lien Deed of Trust of 1, of WATERFRONT AT ant County, Texas, according to at cords of Tarrant County, Exceptions to Conveyance and Warranty: Lions described ark p� any other liens described in this deed as being either assumed by� is taken by Grantee, validly existing restrictive covenants common which the Property is located; standby fees, taxes, and assessments e,(;'onsideration and �e to which title latte s bdivision in ax nR thoMy for the year 2008 and subsequent years, and subsequent taxes and ass�ssa enters authority for prior years due to change in land usage or ownership; dly easements created by the dedication deed or plat of the subdivision in wli located; validly existing reservations or exceptions approved in writing by Gr and in Schedule B of the Owner Policy for Title Insurance issued to Grantee transaction; any discrepancies, conflicts, or shortages in area or boundary taxing utility arty is s pt 1 x5lif"ents or protrusions, or any overlapping of improvements, homestead or community r survivorship rights, if any, of any spouse of Grantee; and any validly existing titles or rk'git ass rted by anyone, including but not limited to persons, the public, corporations, ge�ern�xiei 'L or other entities, to (a) tidelands or lands comprising the shores or beds of i e er p -ennial riven and streams, lakes, bays, gulfs, or eeems, (b) lands beyond the line of t =GoY or uikhead lines as established or changed by any government, (c) filled -in lands or al"is s; (d) s tutory water rights, including riparian rights, or (e) the area extending from th�Iiiie mea '10 tide to the line of vegetation or the right of access to that area or easement a}onR and 1�i'09s that area. Grant ,for t-li��©�,s`]�e;�ation and subject to the Reservations from Conveyance and the Exceptions t nvgyil Ond Warranty, grants, sells, and conveys to Grantee the Property, together with all rid sjRgpl€rr-the rights and appurtenances thereto in any way belonging, to have and to hold it to Ncsfi tee aIIA 6antee's heirs, successors and assigns forever. Grantor binds Grantor anti Granto �'s (ttree lso)s a `Xssigns against every person whorrtsoever lawfully claiming or to claim the sa h or as iy a4rt thereof when the claim is by, through, or under Grantor but not otherwise, except -aa the Reservations from. Conveyance and the Exceptions to Conveyance and Warranty(' k� `\ `the vendors lien agai�st ��nc� supe or�.t-�Ie� o the I�roperty are retained until each note described is fiilly paid acconiing to 'ts t R s,,td time this deed will become absolute. When the context requires, sifgul 3'`ncuns and i4 %un4s include the plural. (SIGNATURES FOL�;woT NT PAGE) Custom Homes, ;d liability corr�j _� STATE OF 1'� COUNTY OF Member before me on __ 2008, xoodhaven Custom i�omes, LLC, a exas limited lial�ilily catt���;����r�,�j�lf t�frsa' �il'ed�iab�,l�y� �tn���ty. � � /C' .i � r` f 1 a �;;��� v `� == �'' Notar ublic, t of exas ,s :• � •: _ � � ,� '�i '`• EJCP �' 1 ''///////IIll11105� �}21� �O\\\\ rr .�_�' ��_ AFTER RECORDING RETURN TO: Jeremiah H, Johnson and Heather C. Johnson 5509 Grenada Drive Fort Worth, Tcxas 7b119 Real Estate Data Display TAD Home »Property Data Search »Back �' Printable Version ( `� Value Rtotice I ��� Homestead Bxe►npiion App a• s � 1 1 Real Estate 06/12/2009 Account Number:41251164 Georeference: 45259K-1-22 Property Location: 5509 Grenada Dr, Fort Worth Owner Information: Johnson, Jeremiah Etux Heather 5509 Grenada Dr Fort Worth Tx 76119-8502 2 Prior Owners Legal Description: Waterfront @Enchanted Bay-Fw Bllc 1 Lot 22 Taxing Jurisdictions: 026 City of Fort Worth 099 Regional Water District Page 1 of 2 Locate with MapQuest sn°'" Available 220 Tarrant County Homestead Exemptions - � 224 Tarrant County Hospital Dist 225 Tarrant County College Dist 905 Fort Worth ISD This information is intended for reference only and is subject to change. It may not accurately reflect the complete status of the account as actually carried in TAD's database. Proposed Values for Tax Year 2009 -�.�.___�� �__--- Land Impr � 2009 Total'�� �' _ _. ��A __.�J Market Value $55,000 __ $151,400 _ $206,400 Appraised Value* $55,000 $151,400 .__.�_ $206,400 Approximate Size'��''� �� __�_ __� �� 2,460' Land Acres 0.0000 Land SgFt 0 * Appraised value may be less than market value due to state -mandated limitations on value increases '* A zeta value indicates that the properly record has not yet been completed for the indicated tax year *** Rounded 5-Year Value History Tax Year 2 XMPT Appraised Land Appraised Impr Appraised Total Market Land Market Impr Market Total - -- __ _.-----�_�v _ e _ _._ �_____�-------_ n m ._ �. _�_ _ 2008 � u000 � ! $44,550�_ $0�^ $44,550 v $44,550� _ $0 $44,550 2009 Notice Sent: 04/30/2009 • ��� Deed Date:06/06/2008 Instrument: D208229182 Year BuiIt:2008 Pct Complete:100 TAD Map:2078 364 Protest Deadline: 06/O1/2009 Class: 007A State Code: Al Single Family Garage Bays:02 Central Air: Y Central Heat: Y Pool: N http://www.tad.org/Datasearch/re.cfm?Account=%28%2F%214HJ%SD86J0%SC%20 06/12/2009