HomeMy WebLinkAboutContract 42052-AD1 r
• CTY SECRETARY
ONTRACT NO. X2052-
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY
REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR
SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
MEMORANDUM OF PURCHASE RIGHTS
STATE OF TEXAS §
§ KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF TARRANT §
This Memorandum of Purchase Rights (this "Memorandum") is executed effective as of
n$61, X ,2011 (the"Effective Date"), by and between 820 MANAGEMENT TRUST("Bass"),
and the CITY OF FORT WORTH, TEXAS, a home rule Municipal Corporation of the State of Texas
("Cita,,).
On July 27, 2011, Bass and the City entered into that certain Contract of Sale and Purchase of
Real Property (the "Contract") wherein Bass agreed to sell to City that certain real property more
particularly described on EXHIBIT i°A" attached to this Memorandum (the "Property"), and at the
closing of the sale of the Property, City agreed to grant to Bass certain rights to repurchase the Property
all on the terms and conditions specified in the Contract.
As of the Effective Date of this Memorandum,the City has purchased the Property from Bass.
City and Bass are executing, acknowledging and recording this Memorandum to provide public
notice of(i) the existence of the Contract, and (ii) the rights which exist in favor of Bass to acquire
ownership of the Property under the terms and conditions of the Contract.
This Memorandum is being recorded to provide public notice, and nothing in this Memorandum
shall be deemed to alter, amend or in any way affect the terms of the Contract. This Memorandum may
be executed in multiple counterparts, each of which will be deemed an original, but which together shall
constitute one and same instrument.
[Signature page follows]
1274895.1 1 OFFICIAL RE-j
ORD
CITY SECRETARY
FT.WORTH,TX
S
BASS:
820 MANAGEMENT TRUST
By:
Name: Ardon E. Moore
Title: Attorney-in-Fact for Lee M. Bass,Trustee
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on the&! day of 2011, by Ardon
E. Moore,Attorney-in-Fact for Lee M. Bass,Trustee,on behalf of 820 Management Trust.
EEh -
E
MARSHAOWEN
ARY PUBLC No blic, S e of Texas
TEOFTEXAS Printe ame:
mm.Bap.0Q-15-W5 My commission expires:
OFFICIAL RECORD
CITY SECRETARY
1274895-' 2 FT. WORTH, TX
CITY:
CITY OF FORT WORTH TEXAS
By:
Name:
Title:
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on the 24 day of 0 —, 2011, by
mer�.nlc Ce,t�, � of the City of Fort Worth, Texas,on behalf of said city.
Now
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ar1bWIv Ww di s Notary Public, Stat o Texas
F Cwft Ezp,10.26.13 Printed Name: e
My commission expires: �P 3
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Attest:
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Date: —2—D
APPROVED AS TO LEGALITY AND FOA► a��'�
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After Recording, Please Return to:
Ms. Sharon S. Millians
Kelly Hart& Hallman LLP
201 Main Street, Suite 2500
Fort Worth, Texas 76102
OFFICIAL RECORD
Alanage 1274893 1 3 I
CITY SECRETARY
FT. WORTH, TX
EXHIBIT"A"
Being a tract of land situated in the J. Johnson Survey, Abstract Number 871 and the C. K.
Gleason Survey,Abstract Number 559,Tarrant County,Texas,being all of that certain 88.383
acre tract of land conveyed by deed to Lee M. Bass,Trustee for the 820 Management Trust,in
Volume 13824, Page 336,Decal Records,Tarrant County,Texas(D.R.T.C.T'.)and a portion of
that certain 284.53 acre tract of land conveyed by deed to Lee M. Bass, Trustee for the 820
Management Trust. in Volume 13824, Page 337, D.R.T.C.T. and being tiuther described by
axles and bounds as follows:
BEGINNING at a 1/2 capped inch Iron rod stamped"Area Surveying"found at the northwest
comer of said 88.383 acro Lee M.Bass tract sad most northerly northeast coma of that certain
tract of land conveyed by deed to Wast Side Sanitary Land Fill,Inc..in Volume 6477,Page 335,
D.R.T.C.T.mad being in the south line of that oatain tract of land conveyed by deed to Waste
Management of Texas, Inc., in Volume 12208, Page 2281, D.R.T.C.T., fiom which an axle
found for We northwest corner of said West Side Sanitary Lad Fill tract bears N 89.24'40"W.
661.37 foot;
Thence S 89'24'40"E,along the common north line of said 88.383 acre tract and the south lire
of said Waste Management of Texas tract, 168.55 feel to a railroad spike set, being the
southernmost southwest comer of said 284.53 acro tract and the southeast corner of said Waste
Management of Texas tract;
T hicum N 46'41'26"W.along the common west line of said 284.53 acre tract and the east line
of said Waste Management of Texas tract,257.95 feet to a railroad spike set;
Thence S 89'24'40"1,crossing said 284.53 acre Iraq,3,055.57 foot to a PK Nail set in asphalt,
being in the east line of amid 284.53 acre tract and the centerline of County Road Number 1029
(Chapin Road);
Thence S 0'D2'57"W,along the common east line of said 284.53 acre tract and said centerline,
175.01 feet to a PK Nail set in asphalt,being the southeast corner of said 284.53 sero tract on the
north lira of said 88.383 acre tract,frum which a t inch iron rod found bears N 89'24'40"W,
21.00 feet;
Thence S 89'24'40"B,aloft the common north line of said 88.383 acre tract and the centerline
of said County Road Number 1029(Chapin Road), 16.43 feet to a PK Nail ant in asphalt for the
northeast corner of said 88.383 acre tract and the northwest comer of that certain 145.309 acre
tract conveyed by deal to Gee M. Bass,Trustee for the 820 Management Trust, in Volume
13824,Page 339,D.R.T.C.T.;
Thence S 08'35' 14"W,along the common east line of said 88.383 acre tract and the west line
of said 145309 acre trod,at a distance of 15.08 feet passing a found 1 inch iron rod found,in all
a total distance of 1,224.73 feet to a 1 inch iron rod found;
Thence S 16'57'44"W,euntinuing alar&said common line,859.04 feet to a 5/8 inch iron rod
with cap stamped'TRANSYSTEMS CORPORATION' set,being the southeast comer of said
88.383 ar.Te tract and the costemmost northeasterly corner of said West Side Sanitary Land Fill
tract;
Thence N 56'24'21"W,along the common southwest line of mid 88.383 acme tract and the
northeasterly line of said Weal side Sanitary Land Fill tract,714.58 feet to a 5/8 inch iron reel
with carp stamped'TRANSYST'EMS CORPORATION'set;
Thence S 78'10'39"W,continuing along said common lire,408.70 feet to a 5/8 inch iron rod
with cap stamped'TRANSYSTEMS CORPORATION'set;
Thence N 80'13'21"W,continuing along said common line,300.70 feet to a 5/8 inch iron rod
with cap stamped'TRANSYS11EMS CORPORATION'est;
Thence N 19' I8'21"W,continuing slog#said camr000 Lina,671.20 feet to a 5/1 inch iron rod
with cap stampod'T KANSYSTEM3 CORPORATION'est:
'rlheoce N 60'38'21"W,continuing don#said common line,81 1.25 fed to a 5/8 inch iron rod
with cap stamped'TRANSYSTEMS CORPORATION'set:
Thence N 30'44' 21"W,continuing along said common lira, 779.65 fed to the POINT OF
BEGINNING and containing 1,00.167 acro(4,363,279 square fed)of land,more or lean.
1274895_1 4
M&C - Council Agenda Page 1 of 3
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 7/26/2011 -Ordinance Nos. 19804-07-2011 & 19805-07-
2011
DATE: Tuesday, July 26, 2011 REFERENCE NO.: L-15222
LOG NAME: 60MARYS CREEK ACQUISITION
SUBJECT:
Authorize Acquisition of 100.167 Acres of Land Located Along Chapin Road in West Tarrant County for the
Future Mary's Creek Water Reclamation Facility from The 820 Management Trust, for$4,900,000.00 Plus
Estimated Closing Costs of$50,000.00, Authorize Transfer of Funds and Adopt Appropriation Ordinances
(EXTRA TERRITORIAL JURISDICTION NEAR COUNCIL DISTRICTS 3 and 7)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations
in the amount of$4,950,000.00 in the Sewer Capital Project Fund PS58;
2. Authorize the transfer of$4,950,000.00 from Sewer Capital Project Fund PS58 to the Sewer Capital
Projects Fund P258;
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Sewer Capital Projects Fund P258 in the amount of$4,950,000.00 from available funds;
4. Authorize the acquisition of 100.167 acre tract of land from The 820 Management Trust, located along
Chapin Road in west Tarrant County; for the City of Fort Worth Water Department for$4,900,000.00 plus
estimated closing costs of$50,000.00; and
5. Authorize the City Manager, or his designee, to execute and record the appropriate instruments
conveying the property to complete the sale.
DISCUSSION:
On February 27, 2009 (M&C C-23367)the City Council authorized the award of an Engineering
Agreement with TranSystems Corporation Consultants to conduct site evaluation of a Water Reclamation
Facility operating within Mary's Creek drainage basin west of Loop 820 West. The evaluation processes
resulted in three preferred sites for further detailed review and assessment.
On February 9, 2010, the three finalist sites were made public during a presentation to the City Council's
Infrastructure and Transportation Committee. Since then, the Water Department has conducted numerous
public outreach efforts with neighborhood groups and other organizations in the area, along with an open
house on April 7, 2010, a special neighborhood meeting on June 7, 2010 and meetings with Chapel Creek
and Lost Creek Neighborhood Associations. These outreach efforts have not only presented facts and
information to the public, but also generated feedback from citizens and stakeholders. Based on
comments from citizens and other stakeholders and the evaluation of additional information related to
neighborhood impacts, adjacent land uses, flood plain considerations, gas well drilling activities and
proximity to Westside Water Treatment Plant; the final site selected was Site No. 10 (see attached Exhibit
No. 1).
Site No. 10 is located on the west side of the extra-territorial jurisdiction of the City of Fort Worth, at 11091
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M&C - Council Agenda Page 2 of 3
Chapin Road, approximately one half-mile north of IH 30 and one mile east of the Tarrant-Parker County
line and is more particularly described as follows:
Grantor Le al Descrigition cres 16mount
he 820 ract 1A James C. Johnson
Management urvey, ' 8.383
rust
bstract No. 871
arrant County, Texas
Portion of Tract 1, 11.784
Cyrus K. Gleason Survey
Abstract No. 559
Tarrant County, Texas
otal Land Cost 100.167 4,900 000.00
itle Insurance and City's $ 50,000.00
Share of Closing Costs
GRAND TOTAL $4,950,000.00
Site No. 10 includes land for the proposed Mary's Creek Water Reclamation Facility and
regulatory required set-backs from adjacent property owners, together with additional acreage
to allow greater set-backs and provides additional open space that can be available for joint use.
An appraisal was performed by an independent licensed appraiser which is part of the
standard process. The City and property owner agreed to the total purchase price of$4,900,000.00
for the property. The real estate taxes will be prorated with the seller being responsible for
taxes due up to the closing date. The City will pay for title insurance plus its share of closing
costs not to exceed $50,000.00. Included in the sales agreement the City commits to meet the
design standard outlined in Chapter 3 of the final site selection report dated August 2010.
The City further agrees that the water reclamation facility meets the community livability criteria
such as odor control, noise abatement, appropriate and focused lighting, perimeter fencing,
architectural enhancements and storm water guidelines for development. The City also agrees to
wire earnest money to the title company within three days of Council's acceptance in the amount
of$75,000.00, which is included in purchase price.
Mary's Creek Reclamation Facility was identified in the May 2009 Impact Study as an Impact Fee
eligible project.
The property is located in the City of Fort Worth Extra Territorial Jurisdiction Near COUNCIL DISTRICTS 3
and 7, Mapsco 71 L.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendation
and adoption of the attached appropriation ordinances, funds will be available in the current capital
budget, as appropriated, in the Sewer Capital Projects Fund.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/AccountlCenters
1) PS58 441012 013580200050 $4.950.000.00 2) PS58 538040 07058020050 $4.950.000.00
1) PS58 538040 070580200050 $4.950.000.00 4) P258 541100 703290123941 $4.950.000.00
283) P258 476058 0703290123941 $4,950.000.00
2&3) P25a 541100 7032900123941 $4.950.000.00
CERTIFICATIONS.
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M&C - Council Agenda Page 3 of 3
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: S. Frank Crumb (8207)
Additional Information Contact: Peter Fu (8438)
ATTACHMENTS
1. 60Marv's Creek WRF (MC Exhibit).pdf (Public)
2. 60MARYS CREEK ACQUISITION Recl REV.doc (Public)
3. 60MARYS CREEK ACQUISITION Rec3 REV.doc (Public)
4. 60MARYS CREEK ACQUISITION FAR.Ddf (CFW Intemal)
5. MARS Screen Funds Avail for 60Marvs Creek Aguisition.Ddf (CFW Internal)
6. PS58-538040.doc (CFW Internal)
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