HomeMy WebLinkAboutContract 55371 CSC No. 55371
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 HOUSING CHANNEL ("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 two pieces of land, with Tract 1 containing approximately
7,788 square feet located at Lot 13, Block 6, Englewood Heights Addition, also
known as 3221 Strong Avenue; and Tract 2 containing approximately 7,788
square feet located at Lot 11, Block 6, Englewood Heights Addition, also known
as 3231 Strong Avenue(collectively,the"Property").
2. Purchaser is a non-profit organization and desires to acquire the Property for the
development of low-income or moderate-income housing.
3. Seller will convey the Property through direct sale in accordance with Section
272.001(g)of the Texas Local Government Code.
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:
Section 1. Agreement of 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 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 ("Permitted Encumbrances") and any express reservations
described herein.
Page 1 of 12 OFFICIAL RECORD
City of Fort Worth Sales Contract with Housing Channel CITY SECRETARY
FT. WORTH, TX
(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;
provided that 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.
Section 2. Independent Contract Consideration. Purchase Price, and Earnest
Money.
(a) Contemporaneously with the execution of this Contract, Purchaser hereby
delivers to Seller the amount of$100.00 ("Independent Contract Consideration") which
amount the parties bargained for and agreed to as consideration for Seller's execution and
delivery of this Contract. This Independent Contract Consideration will be applied to the
Purchase price, 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 Forty-Six Thousand Dollars
($46,000.00) 23 000.00 for Tract 1 and $23,000.00 for Tract 2). 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: Alamo Title Company, 2900 S. Hulen
Street, Fort Worth, Texas 76109 ("Title Company"), Lavonne Keith as escrow officer, a
check payable to the order of title company or other means of funding reasonably
satisfactory to Seller earnest money in the amount of $1,000.00 ("Earnest Money").
Purchaser's failure to deposit the Earnest Money as provided herein shall entitle Seller to
void this Contract. The Earnest Money shall secure Purchaser's performance of its
closing obligations stated in this Contract. 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 ten (10) days after the Effective Date, Purchaser shall obtain at
Purchaser's sole cost and expense (i) a Commitment for Title Insurance and Title Policy
("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.
(b) Purchaser has obtained, at Purchaser's sole cost and expense, an updated
survey("Survey") dated June 11, 2020 consisting of a plat and field notes describing the
Property, prepared pursuant to a current on-the-ground staked survey performed by J.
Scott Cole, RPLS No. 5411, of Sands Surveying Corporation, a copy of which is attached
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City of Fort Worth Sales Contract with Housing Channel
hereto as Exhibit "A." 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 ten (10) days after receipt of the Title
Commitment 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 reasonable 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 to be amended to give effect to matters that are
cured, and give Purchaser written notice thereof within the ten (10)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
pursuing 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 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
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City of Fort Worth Sales Contract with Housing Channel
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 SPECIAL WARRANTY OF TITLE
SET FORTH IN THE CLOSING DOCUMENTS).
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
thirty (30) 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
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City of Fort Worth Sales Contract with Housing Channel
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, or if Purchaser elects to
terminate this Contract for any reason, Purchaser may give written notice thereof 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.
(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 indemnif and defend Seller and the Property from an
liens and claims resulting from such Testsprovided that Purchaser shall not
indemnify Seller and Purchaser shall have no liability for existing conditions on the
Property that are discovered by the Tests, but are not caused by Purchaser. 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 by Purchaser during the Option Period, provided that Purchaser
provides no warranty or representation regarding the accuracy or completeness of the
studies or results of Tests.
Section 8. Intentionally Omitted.
Section 9. Closing.
(a) Closing (the "Closing") shall occur no later than twenty(20)days after the
expiration of the Option Period, unless extended by mutual written agreement of the
parties. At the Closing, all of the following shall occur, all of which are deemed
concurrent conditions:
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City of Fort Worth Sales Contract with Housing Channel
(1) Seller, at Purchaser's sole cost and expense, shall deliver or cause
to be delivered to Purchaser the following:
(i) A Deed Without Warranty ("Deed"), fully executed and
acknowledged by Seller, conveying to Purchaser all of
Seller's rights, title and interests to the Property subject to
the Permitted Exceptions, with the precise form of the Deed
to be determined pursuant to Section 11 below; and
(ii) Any other instrument or document reasonably 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 proration.
(3) The 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 2020 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.
(6) 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 or settlement fees,
costs of tax certificates, survey costs, title insurance policy costs and a
City of Fort Worth Property Management Department administration fee
of$3,200.00.
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City of Fort Worth Sales Contract with Housing Channel
(b) Ad valorem and similar taxes and assessments, if any, relating to the
Property for the year in which Closing occurs shall be paid by Purchaser. 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 and the Lease
Agreement between Seller and Purchaser shall automatically terminate.
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 except the following: NONE. Purchaser shall be solely
responsible for and shall indemnify Seller from payment of any brokerage fees or
commissions.
Section 11. Closing Documents. No later than fifteen (15) days prior to the
Closing, Seller shall deliver to Purchaser a copy of the Deed Without Warranty, 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, or (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.
(b) The address of Seller under this Contract is:
City of Fort Worth With a copy to:
200 Texas Street Matt Murray
Fort Worth,Texas 76102 Assistant City Attorney
Property Management Department City Attorney's Office
Attention: Real Property Division City of Fort Worth
Andrea McIntosh, Land Agent 200 Texas Street
Telephone(817) 392-6253 Fort Worth, Texas 76102
(817)392-8973
(c) The address of Purchaser under this Contract is:
Housing Channel
Attn: Donna VanNess,President
4200 S. Freeway,#307
Fort Worth, Texas 76115
Page 7 of 12
City of Fort Worth Sales Contract with Housing Channel
(d) From time to time either party may designate another address or teiecopy
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: (a) terminate this Contract by giving written notice thereof to
Seller prior to or at the Closing whereupon the Earnest Money shall be returned to
Purchaser and neither party hereto shall have any further rights or obligations hereunder;
or(b) enforce the remedy of specific performance.
(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
ply.
Section 15. Assigns. This Contract inures to the benefit of and is binding on the
parties and irrespective legal representatives, successors, and assigns. Any
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City of Fort Worth Sales Contract with Housing Channel
assignment of this Contract without the prior written consent of the other party shall be
void.
Section 16. Time of the Essence. It is expressly agreed that time is of the
essence with respect to this Contract.
Section 17. 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 18. Governing Law. This Contract shall be governed by and construed in
accordance with the laws of the State of Texas.
Section 19. 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 20. Venue. Venue of any action brought under this Contract shall be in
Tarrant County, Texas if venue is legally proper in that county.
Section 21. 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 22. 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 for the City of
Fort Worth or federal holiday, then the Closing or the day for such performance, as the
case may be, shall be the next following regular business day.
Section 23. Multiple Counterparts., This Contract may be executed in any
number of identical counterparts. If so executed, each of such counterparts is to be
deemed an original for all purposes, and all such counterparts shall, collectively,
constitute one agreement, but, in making proof of this Contract, it shall not be necessary
to produce or account for more than one such counterpart.
Section 24. Attorneys' Fees. Should either party hereto institute any action or
proceeding in court to enforce this Agreement, the prevailing party in any such action or
proceeding shall be entitled to receive from the non-prevailing party all reasonable
attorneys' fees and court costs in connection with such action or proceeding. A plaintiff
is a prevailing party if it succeeds on the merits of its claim(s). A defendant is a
prevailing party if the defendant defeats the claim(s) brought by the plaintiff or if the
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City of Fort Worth Sales Contract with Housing Channel
defendant succeeds on any claims for affirmative relief against the plaintiff. It is not
necessary for a defendant to bring affirmative claims against plaintiff to be a prevailing
party for purposes of this provision.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
Page 10 of 12
City of Fort Worth Sales Contract with Housing Channel
This Contract is executed as of the Effective Date of _ , 2021
SELLER: PURCHASER:
CITY OF FORT WORTH, TEXAS OUSING N
D on By: e Buighdoff l 714,202 (43CST) By:
Dana Burghdoff, Assistant City Manager D e Pre ' ent
Date: Mar 4, 2021
City of Fort Worth
Contract Compliance Manager:
By signing 1 acknowledge that I am the
person responsible for the monitoring and
administration of this contract, including
ensuring all performance and reporting requirements.
&dva'41q-2a1'j11-1
Andrea McIntosh
Title: Land Agent
Approved as to Form and Legality:
Matthew Murray(Mar4,202109:,t CST)
Matt Murray
Assistant City Attorney poo�OR
Attest:
000 g�•1�d
°
�vo o=41
Mary Kayser 00 a`),
City Secretary ����EXAS.o4p
M&C: #20-0885
1295: Certificate Nos. 2020-675192 &2020-675193
Date: 12/1/2020
Page 11 of 12 OFFICIAL RECORD
City of Fort Worth Sales Contract with Housing Channel CITY SECRETARY
FT. WORTH, TX
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:
Alamo Title
By:
Name:
Title:
Date:
Phone:
Email:
Fax:
Page 12 of 12
City of Fort Worth Sales Contract with Housing Channel
M&C Review Page I of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORT 111
REFERENCE **M&C 20- 21 PMD CFO DIRECT
DATE: 12/1/2020 NO.: 0885 LOG NAME: SALE 3221 &3231
STRONG AVE
CODE: L TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (CD 5)Authorize the Acceptance of Two Properties Located at 3221 and 3231 Strong
Avenue by Quitclaim Deed from Thomas L. G. Ross to the City of Fort Worth,
and Authorize the Direct Sale of the Same Two City Surplus Properties to Housing
Channel, for a Total Cost of$49,200.00, in Accordance with Section 272.001(g) of the
Texas Local Government Code
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the acceptance of two properties located at 3221 and 3231 Strong Avenue by
Quitclaim Deed from Thomas L. G. Ross to the City of Fort Worth;
2. Authorize the direct sale of the same two City surplus properties to Housing Channel, for a total
cost of $49,200.00, in accordance with Section 272.001(g) of the Texas Local Government
Code; and
3. Authorize the City Manager or his designee to execute and record the appropriate
instruments conveying the properties to complete the sale.
DISCUSSION:
The properties located at 3221 and 3231 Strong Avenue are two lots quitclaimed to the City of Fort
Worth (City)from Thomas L. G. Ross in July of 2004. While no record exists of the
City formally accepting the deeds for the two properties, both lots have been maintained by the City for
a number of years. To recoup some of these maintenance costs, it is recommended the City formally
accept the quitclaim deeds for the two properties and then sell the lots to Housing Channel (Buyer)via a
deed without warranty.
The Buyer currently owns an adjacent lot and submitted a direct sale request to the Property
Management Department to purchase the properties referenced below. The Buyer is a qualified non-
profit organization that provides low-income housing.
An independent appraisal was performed on the two properties and the agreed-upon sales price of
$49,200.00 includes the appraised value of both lots as well as the City's adminstrative costs and
document preparation fees as shown below. The Buyer will be responsible for all closing costs related
to the transactions. The City will retain any and all mineral interests it may own in conjunction with the
properties.
Street Street Appraised CFW Total
No Name Legal Description Value Fees Purchase Zoning
Price
Lot 13, Block 6,
3221 Strong Ave Englewood Heights $23,000.00 $1,600.00 $24,600.00 A-5
Addn, First Filing
Lot 11, Block 6,
3231 Strong Ave Englewood Heights $23,000.00 $1,600.00 $24,600.00 A-5
Addn, First Filing
http://apps.cfwnet.org/council_packet/mc review.asp?ID=28454&councildate=12/l/2020 12/16/2020
M&C Review Page 2 of 2
The Development Services Department reviewed the properties' current zoning and determined the
zoning classification of both properties is compatible with respect to the existing land use of the
surrounding neighborhood and future land use designations indicated in the Comprehensive Plan.
The properties are located in COUNCIL DISTRICT 5.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations, funds will be
deposited into the General Fund. The Property Management Department (and Financial Management
Services) are responsible, upon closing and funding of the sale, for the collection and deposit of these
funds into the General Fund. Prior to any expenditure being incurred, the Property Management
Department has the responsibility of verifying the availability of funds.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (ChartField 2)
FROM
Fund Department Account Project Program Activity Budget F Reference# Amount
ID ID Year (ChartField 2)
Submitted for City Manager's Office by: Dana Burghdoff(8018)
Originating Department Head: Steve Cooke (5134)
Additional Information Contact: Ricardo Salazar(8379)
Andrea McIntosh (6253)
ATTACHMENTS
M&C Map.3221 &3231 Strong Ave.pdf
http://apps.cfwnet.org/council_packet/mc review.asp?ID=28454&councildate=12/l/2020 12/16/2020