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HomeMy WebLinkAboutContract 40230CONTRACT OF SALE AND PURCHASE (Purchase by City of Fort Worth from Fort Worth Transportation Authority) 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, acting by and through its duly authorized City Manager or Assistant City Manager ("Purchaser") and FORT WORTH TRANSPORTATION AUTHORITY, a political subdivision of the State of Texas created pursuant to Chapter 452, Transportation Code, acting by and through Richard L. Ruddell, its duly authorized President ("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 7,053 square feet of land situated in the S. G. Jennings Survey, Abstract 844, Tarrant County, Texas in the Original Town of Fort Worth and being a portion of that certain tract of land set apart to Thomas R. Jennings, et all by the judgment in Cause No. 153-51717-78 in the District Court of Tarrant County, Texas said judgment recorded in Book 112, Page 133 of the District Court Records of Tarrant County, Texas Tarrant County, Texas and the same tract of land conveyed to the Fort Worth Transportation Authority by instrument recorded in Document No. D206158668, Deed Records, Tarrant County, Texas, 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 a municipal corporation that .desires to acquire the Property for the rerouting of 9`h Street for public use. 3. Seller desires to sell the Property for fair market value. 4. Under Section 21.023 of the Texas Property Code, Seller, Seller's heirs, successors, or assigns are entitled to repurchase the Property the City seeks to acquire if the public use for which the Property is acquired is cancelled before the tenth (10anniversary of the date of the acquisition. The repurchase price for the repurchase will be the fair market value of the Property at the time the public use was cancelled. AGREEMENT In consideration of the mutual covenants representations, warranties and agreements contained herein, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Seller and Purchaser agree as follows: r------ Section 1. Sale and Purchase. 1iyc3e ParParkTransit Plaza CFW'S Purchase from fort VVG'orth Transportation Authority OFFICIAL RECQRD CITY SECRET�4RY T. WORTH, TX -1- Rev. 3/'9 0/09 (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 (as defined below) and the Survey (as defined below) that are not cured and that are subsequently waived pursuant to Section ("Permitted Encumbrances"). (c) In Seller's conveyance of the Property to Purchaser, the following rights and interests shall be reserved to Seller (or have previously been reserved by Seller's predecessor in title) and such reservation is hereby approved for all purposes: all right, title and interest in and to all oil, gas, and other minerals in and under the Property, if any. Seller waives and conveys to Purchaser any and all rights of egress and ingress to or from, upon or across, the surface of the Property for purposes of exploring for or developing oil, gas hydrocarbons, or other minerals, 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") which the parties bargained for and agreed to 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; however, upon Closing (as hereinafter defined), the Independent Contract Consideration shall be applied as a credit toward the Purchase Price (as hereinafter defined). (b) The purchase price ("Purchase Price") for the Property, payable by Purchaser to Seller at closing (as defined below), is SIX HUNDRED TH®►USAND and 00/100 D®LEAKS ($600,000.00). Seller has determined that the Purchase Price reflects the current fair market value of the Property. Section 3. Title Commitment and Survev. (a) Within thirty (30) days after the Effective Date, Purchaser shall obtain at Purchaser's sole cost and expense (i) a Commitment for Title Insurance ("Title Commitment") from the Title Company, 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. Hyde Park Transit ]Plaza CFW'S Purchase from tort Worth Transportation Authority -2— Rev. 3/10/09 (b) If Purchaser does not have a survey of the property satisfactory to the Purchaser, in Purchaser's sole discretion, then 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 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 of Objections from Purchaser ("Cure Period"), Purchaser shall have the right either (i) to terminate this Contract by giving written notice thereof to Seiler 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 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 and all environmental or engineering reports and studies in Seller's possession concerning the Property ("Reports"). Section 5. Representations, Warranties, "A5 IS" (a) EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, PITRCHASER ACKNOWLEDGES AND AGREES THAT SELLER HAS NOT MADE, DOES N®T MAKE AND SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS Hyde Park Transit Playa CFW'S Purchase from Fort Worth Transportation Authority -3- Rev. 3/10/09 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 19809 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 Hyde Park Transit Plaza CFW'S Purchase from Fort Worth Transportation Authority -4— Rev. 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 TH! 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 REPRESENTATIVE, S. 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. 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 analysis, and other tests, studies and surveys, including without limitation, enviromnental and engineering tests, borings, analysis, and studies ("Tests"). Any Tests shall be conducted at Purchaser's sole risk and expense. 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 (as defined below). Section 7. 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 Hyde Park Transit Plaza CFW'S Purchase from Fort Worth Transportation Authority -5— Rev. 3/10/09 the following contingencies to Closing ("Closing Contingencies"), but not later than May 17, 2010. The Closing Contingencies are as follows: (1) Any easements conveyed to the City will be at no cost to the City. (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. (e) If any Closing Contingencies are not satisfied to Purchaser's satisfaction so that Purchaser is prepared to close on or before May 17, 2010, 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 May 3, 2010, but not later than May 17, 2010. (a) At the Closing, all .of the following shall occur, all of which are deemed concurrent condit )ns: (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 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. I�yde Park Transit Plaza CFW'S Purchase frorn tort Worth Transportation Authority -6— Rev. (3) Title Company shall issue to Purchaser, at Purchaser's sole cost and expense, a Texas 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) Seller and Purchaser shall each pay their respective attorneys' fees. (5) Except as otherwise provided herein, all costs and expenses in connection with Closing shall be paid or borne by Purchaser, including without limitation, Title Company, attorney and escrow settlement fees, costs of tax certificates, Survey costs, and title insurance policy costs. (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 7(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 May 17, 2010, the Closing may be extended if agreed to in wng by the parties, Section 9. Agents. Seller and Purchaser each represent and warrant to the other that it ith has not engaged the services of any agent, broker, or other similar party in connection wthis transaction. Hyde Park Transit Piaza CFV►"S Purchase from Fort Worth Transportation Authority -7— Rev. 3/10/09 Section 10. Closing Documents. No later than fifteen (15) days prior to the Closing, Seller hall deliver to Purchaser a copy of the Special Warranty Deed, which is subject to Purchaser's 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 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. (b) The address of Buyer under this Contract is: City ofFort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 Attention: Katherine Davenport Housing and Economic Development Telephone: 817-3 92-7923 Fax (817) 392-2431 (c) The address of Seller under this Contract is: Fort Worth Transportation Authority 1600 East Lancaster Avenue Fort Worth, TX 76102 Telephone: 817-2154600 Fax 817-215-8746 With a copy to: Leann D. Guzman City Attorneys Office City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 Telephone: (817) 392-8973 Fax (817) 392-8359 With a copy to: Sylvia M. Hartless General Counsel Fort Worth Transportation Authority 1600 Lancaster Avenue Fort Worth, TX 76102 (817)215-8702 Fax (817) 215-8746 shartless@the-t.com (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. Dyde park Transit plaza CFW'S Purchase from Fort Worth Transportation Authority -8— Rev. 3110/09 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 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 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 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 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. with respect to this Contract. Section 15. Time of the Essence. It is expressly agreed that time is of the essence with respect to this contract. 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 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 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. llyde Parr Transit Plaza CFW'S Purchase frown Fort Worth Transportation Authority -9— i2ev. 3/10/09 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. Counterparts. This Contract may be executed in multiple counterparts, each of which will be deemed an original, but which together will constitute one instrument. Dyde Park Transit Playa CFW'S Purchase from Fort Worth Transportation Authority -10— Rev. 3/10/09 This Contract is EXECUTED as of the Effective Date. SELLER: FORT WORTH TRANSPORTATION AUTHORITY 1600 LANCASTER AVENUE FORT WORTH, TEXAS 76102 By: Name: Richard L. Ruddell, President) Executive Director APPROVED AS TO LEGALITZ' AND FORM yl�ia M. Hartless, General Counsel BUYER: CITY OF FORT WORTH, TEXAS By. Name: T. M. Higgins, Assistant City Manager Marty, Hendrix, M&C: PZ-2831 Date: June 16, 2009 Secretary I�yde Park Transit Plaza CFW'S Purchase from Fort Worth Transportation Authority AFF(DIA,L REC®RD CITY SECRETARY T. WORTH, TX -11— Rev. 3/10/Q9 APPROVED AS TO LEGALITY AND FORM Assistant City Attorn Hyde Park Transit Plaza CFW'S Purchase from Fort Worth Transportation Authority -12— Rev. 3/10/09 3y its execution below, Title Company agrees to perform its other duties pursuant to the provisions of this Contract. TITLE COMPANY: Sy: Name• Title: Date: iiyde Park Transit Plaza CFW'S Purchase from Fort Worth Transportation Authority -13— Rev. 3/10/09 EXHIBIT "A" BEING 7,053 square feet of land situated in the S. G. Jennings Survey, Abstract 844, Tarrant County, Texas in the Original Town of Fort Worth and being a portion of that certain tract of land set apart to Thomas R. Jennings, et all by the judgment in Cause No. 153-51717-78 in the District Court of Tarrant County, Texas said judgment recorded in Book 112, Page 133 of the District Court Records of Tarrant County, Texas Tarrant County, Texas and the same tract of land conveyed to the Fort Worth Transportation Authority by instrument recorded in Document No. D206158668, Deed Records, Tarrant County, Texas and further described as follows: BEGINNING at a P.K. Nail found for the most easterly northeast corner of said Fort Worth Transportation Authority tract and being on the northwesterly right -of --way line of 9th Street (a variable width right -of --way); THENCE South 29°37'28" West along the common line of said Fort Worth Transportation Authority tract and northwesterly right-of-way line of 9'h Street, 81.07 feet; THENCE South 59°30'00" West 21.22 feet; THENCE South 30°30'00" East, 6.00 feet; THENCE South 59°30'00" West, 69.22 fee to the common line of said Fort Worth Transportation Authority tract and the southeasterly line of Throckmorton Street (a variable width right-of-way); THENCr. North 30°24'45" West along said common Line, 60.00 feet; THENCE over and across said Fort Worth Transportation Authority tract the following five (5) calls; 1. North 59°30'00" East, 69.14 feet; 2. South 30°30'00" East, 16.11 £eet; 3. North 59030'00" East, 40.00 feet; 4. North 30°30'00" West, 16.11 feet; 5. North 59030'00" East, 52.15 feet to the northerly line of said Fort Worth Transportation tract; THENCE along said northerly line of the Fort Worth Transportation Authority tract the following five (5) calls; l . South 60022'32" East, 6.06 feet to a P.K. Nail found; 2. North 29037'28" East, 0.90 feet to a P.K. Nail found; 717D198EX T[Lda Page I of 3 EXHIBIT "A" 3. South 60°22 )z East, 2.20 feet to a P.K. Nail found; 4. South 29°3728 West, U4 feet to a F.K. Nail found; 5, South 60°2232 East, 3.2 feet to POINT OF BEGINNING and CONTAINING a computed area of 7,053 square feet or 0.1619 acres, NOTE: Survey sketch to accompany this legal description. NOTE: Coordinates and bearings based on: map of survey prepared by the City of Fort Worth showing the Fort Worth Library being a part of the S.G. Jennings Survey Abstract No. 844 and a part of the public square sometimes known as Hyde Park and situated in the Original Town of Fort Worth in Tarrant County, Texas dated February 05, 2003. 7I7P198E% TR.da Page 2 of 3 y XHIBIT '� A GRAPHIC SCALE \ SHEET 2 OF 2 30 0 15 30 t a r, hti (IN FEET) 1 inch = 30 ft. �'. CITY OF FORT WORTH j VOLUME 192, PAGE 341 BDRC VOLUME 145277,,JPAE 450 D.R.T.C,T. D.R.T.C,T. FORT WORTH TRANSPORTATION AUTHORITY DOCUMENT No. 0206158668 D.R.T.C.T. COORDINATES AND BEARINGS BASED ON: MAP OF SURVEY PREPARED BY THE CITY OF FORT WORTH SHOWING THE FORT V/ORTH LIBRARY BEING A PART OF THE S.G. JENNINGS SURVEY ABSTRACT No, 844 AND A PART OF THE PUBLIC SQUARE SOMETIMES KNOWN AS HYDE PARK AND SITUATED IN THE ORIGINAL TOWN OF FORT WORTH IN TARRANT COUNTY, TEXAS DATED FEBRUARY 05, 2003, LEGAL DESCRIPTION TO ACCOMPANY THIS SURVEY SKETCH. L3 s POB O 0v ♦ PK NAIL FOUND LINE TABLE LINE BEARING DISTANCE Li S 0' 2'32"E 6.D6' L2 N29437'28"E 9V L3 S6D'22'32"E 2,20' L4 S29637'28"W 8.244 L5 S60022'32"E 3,23, EXHIBIT SHOWING 7,053 SQUARE FEET (0.1619 ACRES) FORT WORTH TRANSPORTATION AUTHORITY CITY OF FORT WORTH, TARRANT COUNTY, TEXAS �J,V I v \./ 1./ f i i t Y v e PROFESSIONAL SURVEYORS 12d0 SUMMIT AVENUE, SUITE 6d0 FORT WORTH, TEXAS 76102 (817) 698-6770 SCALE: I' � 30' JOB /: 7170198 GATE: JUNE 2007 F.B. #': NA ORAYM 8Y: R.D.J. _. CAO DATE: JUNE 2007 M&C Review Page 1 of 2 COUNCIL ACTION: Approved on 6/16/2009 Clfficiai site of the City of fort Worth, Texas DATE: 6/16/2009 REFERENCE NO.: PZ-2831 LOG NAME: 17HYDEPARK CODE: PZ TYPE: NON -CONSENT PUBLIC NO HEARING. SUBJECT: Authorize the Sale of a Portion of the City's Ninth Street Right -of -Way located at the Intersection of Ninth Street and Throckmorton Street to the Fort Worth Transportation Authority for $600,000.00; Authorize the Purchase from the Fort Worth Transportation Authority of a Parcel Located at the Intersection of Ninth Street and Throckmorton Street for $600,000.00 RECOMMENDATION: It is recommended that the City Council: 1. Authorize the sale of a portion of City, right-of-way located at the intersection of Ninth Street and Throckmorton Street, Fort Worth, Texas, to the Fort Worth Transportation Authority for a sales price of $600,000.00; 2. Authorize the purchase of a parcel of land located at the intersection of Ninth Street and Throckmorton Street, Fort Worth, Texas, from the Fort Worth Transportation Authority for a purchase price of $600,000.00; and 3. Authorize the City Manager, or his designee, to execute and record the appropriate instruments to complete the sales. DISCUSSION: The Hyde Park Public Transit Plaza was originally developed during the 1999 study of the Intermodal Transportation Center. The study recommended dispersing bus transfer activity throughout downtown Fort Worth and identified Hyde Park at the intersection of 9th and Throckmorton Streets as the most promising location for a transit plaza. The City of Fort Worth (City), the Fort Worth Transportation Authority (The T), the General Services Administration and Downtown Fort Worth, Inc., have worked together since 1999 to secure funding and design the proposed transit plaza. On November 26, 2002, (M&C C-19364) the City Council authorized the City Manager to enter into an Interlocal Agreement with the The T outlining funding, design, acquisition and project management responsibilities for the Hyde Park Transit Plaza project (City Secretary Contract No. 29793). The Agreement allowed the partners to initiate the design process and proceed with activities related to property acquisition. The Agreement states that if the final design of the project includes the realignment of 9th Street, the City and The T agree to negotiate a land swap agreement whereby the future realigned 9th Street would be owned by the City and the existing 9th Street would by owned by The T. Maps of the area are attached. Staff recommends conveying and purchasing the property needed for the completeion of the transit plaza. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that this action has no material effect on City funds. http://apps.cfwnet.org/council�acket/mc review.asp?ID=11850&councildate=6/16/2009 5/18l2010 M&C Review Page 2 of 2 TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: ATTACHMENTS 17HYDEPARK Map.pdf i mg-603133657-0001. Thomas Higgins (6140) Jay Chapa (5804) Cynthia B. Garcia (8187) Katherine Davenport (7923) http://apps.cfwnet.org/council�acket/mc review.asp?ID=11850&councildate=6/16/2009 5/18/2010