HomeMy WebLinkAboutContract 45536 its '
CITY SECRETARY
CONTRACT OF SALE AND PURCHASE O NTRACT(40.
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 EUGENE
KWONG, Trustee of the Eugene Kwong Exempt Trust under the Kwong 2008 Grantor Trust dated
August 15, 2008, ROBERT KWONG, Trustee of the Robert Kwong Exempt Trust under the Kwong
2008 Grantor Trust dated August 15, 2008, MARSHALL KWONG, Trustee of the Marshall Kwong
Exempt Trust under the Kwong 2008 Grantor Trust dated August 15,2008,JENIE KWONG, Trustee of
the Exempt Martial Trust created under the Kwong Revocable Trust dated January 10, 2008, and
JENNIE KWONG, Trustee of the Nonexempt Martial Trust created under the Kwong Revocable Trust,
dated January 10, 2008 (collectively, "Seller") as of the date on which this Contract is executed by the
last to sign of Seller and Purchaser('Effective Date").
AGREEMENT
In consideration of the mutual covenants in this Contract,Seller and Purchaser agree as follows:
Section 1. Sale and Purchase.
(a) Seller agrees to sell and convey to Purchaser and Purchaser agrees to purchase and accept
from Seller, on and subject to the terms and conditions set forth in this Contract,the Property, which is
two structures and associated land of approximately 3.290 acres located at 3530-3532 Joyce Drive,Fort
Worth, Tarrant County, Texas. The land portion of the Property is further described in Exhibit "A",
Legal Description,which is incorporated herein by reference.
(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 and the Survey (hereinafter defined) that are not cured and that are subsequently waived
pursuant to Section 3 ("Permitted Encumbrances").
(c) Notwithstanding anything to the contrary, Seller hereby retains and reserves from this
conveyance (and the Property does not include) for itself, and its successors and assigns, any and all
interest in any and all oil, gas and other minerals in, on, or under the Land; provided, however, Seller 1
hereby waives and relinquishes access to any use of the surface of the Property.
(d) Purchaser acknowledges that Purchaser has inspected the Property, including all
buildings and improvements, and is thoroughly familiar with their condition. Purchaser accepts the
Property in its present"AS IS" condition, and any changes caused by normal wear and tear before the
Closing, but without waiving Purchaser's rights by virtue of Seller's representations expressed in this
Contract.
Section 2. Independent Contract Consideration,Purchase Price,and Earnest Money.
(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")
as independent consideration for Seller's execution, delivery and performance of this Contract. This
Page 1 of 11
Agreement for Purchase
3530 3532 Joyce Drive
Form 061511
RECEIVED APR 2 41014
RECEIVED APR 2,1 1014
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 hereinafter defined), is One Million Two Hundred and Seventy-Five Thousand and 00/100
DOLLARS ($1,275,000). 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 Title Company(as defined below in)a check payable to the order of
Title Company or other means of funding reasonably satisfactory to Seller earnest money in the amount
of Ten Thousand Dollars ($10,000.00) ("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 30 days after the Effective Date, Purchaser shall obtain at Seller's sole cost and
expense, a Commitment for Title Insurance ("Title Commitment") from Alamo Title, 2900 S. Hulen,
Suite 30,Fort Worth,Texas 76109,Telephone: 817-370-7393,Attention: Ms.Lavonne Keith(the"Title
Company"). The Title Commitment shall set forth the status of the title of the Property and shall show all
Encumbrances and other matters, if any, relating to the Property. The Title Company shall also deliver
contemporaneously with the Title Commitment legible copies of all documents referred to in the Title
Commitment,including but not limited to,plats,reservations,restrictions,and easements.
(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 an existing 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 last 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.
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Agreement for Purchase
3530 3532 Joyce Drive
Form 061511
(d) If Purchaser gives notice of Objections and Seller does not, will not, or cannot 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"), then 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 hereinafter defined) 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. 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, environmental and engineering tests,
borings, analysis, and studies ("Tests"). Any Tests shall be conducted at Purchaser's sole risk and
expense,and Purchaser agrees to defend Seller and the Property from any liens and claims resulting from
such Tests. 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 6. Option Period.
(a) Notwithstanding anything to the contrary contained in this Contract,until sixty(60) 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 limitation, Purchaser being
satisfied with the results of the Tests(defined in Section 5 above).
(b) If Purchaser is not satisfied in Purchaser's sole and absolute discretion as to the condition
precedent described in Section 6 (a) above, 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,
neither party shall have any further rights or obligations under this Contract.
(c) If Purchaser gives notice of Contract termination to Seller under this Section,any Earnest
Money shall be returned to Purchaser.
(d) The provisions of this Section 6 control all other provisions of this Contract.
Page 3 of 11
Agreement for Purchase
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Form 061511
(e) The parties agree that the Option Period will not be extended upon expiration without a
written amendment signed by both parties.
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 (15) days after the satisfaction of the following
contingencies to Closing("Closing Contingencies"),but not later than thirty(30)days after the expiration
of the Option Period("Closing Deadline"). The Closing Contingencies are as follows:
1. Seller provides Purchaser with a copy of all Seller trusts, identifying the true owner
of the Property,in compliance with Texas Government Code Section 2252.092(a).
(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.
(c) If any Closing Contingencies are not satisfied to Purchaser's satisfaction so that
Purchaser is prepared to close on or before the Closing Deadline, then Purchaser may 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
(a) At the Closing, all of the following shall occur, all of which are deemed concurrent
conditions:
(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; and
(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 in an amount equal
to the Purchase Price,adjusted for closing costs.
(3) Title Company shall issue to Purchaser, at Seller's sole cost and expense, an
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
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Agreement for Purchase
3530 3532 Joyce Drive
Form 061511
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) Seller shall pay all recording fees and any other closing costs as set forth by the
Title Company.
(6) Seller shall pay all closing costs.
(b) Purchaser will qualify for exemption from ad valorem taxation for the Property, and no
ad valorem taxation shall accrue after the date of Closing. Therefore, any ad valorem taxes assessed
against the property for 2014 shall be for the period of time the Property was owned by Seller,and based
on estimates of the amount of taxes that will be due and payable on the Property during 2014, Seller shall
pay for any taxes and assessments applicable to the Property up to and including the date of Closing. As
soon as the amount of taxes and assessments on the Property for 2014 is known, Seller shall pay any
additional amount of taxes to be paid for any taxes and assessments applicable to the Property up to and
including the date of Closing. The provisions of this Section 8(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 the Closing Deadline, the Closing may
be extended if agreed to in writing by the parties.
Section 9. 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, except Michael Dearden and Easley
Waggoner with Venture Commercial Real Estate,LLC,in connection with this transaction.
Section 10. Closing Documents. No later than fifteen (15) days prior to the Closing, Seller shall
deliver to Purchaser a copy of the Special Warranty Deed, which is subject to Purchaser'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) placed in the United States mail, return receipt requested, addressed to such party at the address
specified below, or (iii) 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.
Page 5 of 11
Agreement for Purchase
3530 3532 Joyce Drive
Form 061511
(b) The address of Buyer under this Contract is:
City of Fort Worth With a copy to:
1000 Throckmorton Street Leann D. Guzman
Fort Worth,Texas 76102 City Attorney's Office
Attention:Joe Komisarz City of Fort Worth
1000 Throckmorton
Telephone: 817-392-4289 Fort Worth,Texas 76102
Telephone: (817)392-7600
(c) The address of Seller under this Contract is:
Marshall Kwong&Robert Kwong
Covenant Management LLC
5151 Los Hermosos Way
Los Angeles,CA 90027
Telephone: 805-217-2736
With a copy to:
Michael Dearden&Easley Waggoner
Venture Commercial Real Estate,LLC
8235 Douglas Avenue,Suite 720
Dallas,TX 75225
Telephone: 214-378-1212
(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.
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.
Page 6 of 11
Agreement for Purchase
3530 3532 Joyce Drive
Form 061511
3
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.
Section 15. Taking Prior to Closiniz. 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 16. Governing Law. This Contract shall be governed by and construed in accordance with
the laws of the State of Texas.
Section 17. 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 18. Venue. Venue of any action brought under this Contract shall be in Tarrant County,
Texas if venue is legally proper in that County.
Section 19. 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 20. 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 21. Counterparts. This Contract may be executed in multiple counterparts, each of which
will be deemed an original,but which together will constitute one instrument.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
Page 7 of 11
Agreement for Purchase
3530—3532 Joyce Drive
Form 061511
This Contract is EXECUTED as of the Effective Date.
SELLER:
Date:
EUGENE KWONG,Truste of the Ngene Kwong
Exempt Trust under the Kwohk2008 rantor
Trust dated August 15,2008
Date:
ROBERT KWONG,Trustee of the Robert Wjvng
Exempt Trust under the Kwong 2008 Grantor
Trust dated August 15,2008
Date:
HALL KWO ,T stee of the M aeshall Kwong
11'EZ empt Trust and the wong 2008 G ntor Trust
ed August 15, 008
Date: G � /
JENIE ONG,TrUstej of the Ex t Martial Trust
created under the Kwong Revocable rust dated
January 10,2008 and
F
Date:C O
JENNIVKWbNG,Trustee of t)f Nonexempt Martial
Trust created under the Kwon evocable Trust,
dated January 10,2008
Page 8 of 11
Agreement for Purchase
3530 3532 Joyce Drive
Form 061511
PURCHASER:
CITY OF FORT WORTH,TEXAS
By: Date: ��• /8•�¢
Charles Daniels
s 1stant City Manager
Attest: A
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94dry J. a ty retary 0 S g®
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7ROVED AS TO LEGALITY AND FORM
ssistant City Attorney
Page 9 of 11
Agreement for Purchase
3530 3532 Joyce Drive
Form 061511
By its execution below,Title Company agrees to perform its other duties pursuant to the provisions
of this Contract.
TITLE COMPANY:
By:
Name:
Title: Sfrcztl 0� �'��
Date: 7 3—
Page 10 of 11
Agreement for Purchase
3530 3532 Joyce Drive
Form 061511
EXHIBIT"A"
Legal Description of Property
[SEE ATTACHED SURVEY]
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M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CI-Irliffr COUNCIL AGENDA
FORT WORT11
COUNCIL ACTION: Approved on 3/4/2014
DATE: 3/4/2014 REFERENCE NO.: **C-26688 LOG NAME: 35ACQUIREBOA
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of a Contract of Sale with Trustees Under the Kwong 2008 Grantor
Trust and the Kwong Revocable Trust for the Purchase of 3530-3532 Joyce Drive,
Including Two Structures and the Associated Land of 3.290 Acres, for an Amount Not to
Exceed $1,275,000.00 for the Purpose of Housing the Fort Worth Police Department's
West Division Patrol Function and Pay Closing Costs in the Amount of$7,700.00
(COUNCIL DISTRICT 3)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a contract of sale with trustees of
various trusts created under two parent trusts, the Kwong 2008 Grantor Trust and the Kwong
Revocable Trust, for the purchase of the former Bank of America property located at 3530-3532
Joyce Drive, including two structures and the associated land of 3.290 acres, in the amount of
$1,275,000.00 for the purpose of housing the Fort Worth Police Department's West Division Patrol
function, and pay closing costs in the amount of$7,700.00.
DISCUSSION:
The Fort Worth Police Department's West Division currently uses three facilities to conduct
operations within its boundaries. The Headquarters facility located at 3525 Marquita Street
(Marquita), houses 57 Staff, and is a City owned facility. West Division Patrol operates from a leased
facility at 5320 Trail Lake Drive, houses 150 Staff and is located outside the boundary of the West
Division. A leased storefront facility located at Mall Circle in Ridgmar Mall provides permanent office
space for four Neighborhood Police Officers, as well as a base radio station location to support the
Citizen On Patrol (COPS) program, and a meeting space for other officers and citizens.
The Marquita facility has been a city owned police facility for over 20 years. Originally designed to
house the patrol function, a large portion of the space was reallocated to the investigation section
when that function was later decentralized. Currently twenty investigative personnel share an open
space of 50 feet by 30 feet, share desks and no additional Staff can be added. Additionally, Marquita
also houses neighborhood police officers, divisional administration, a Code Blue Coordinator, a Crime
Prevention Specialist and a Zero Tolerance team. Parking at the facility is very limited.
As detective staffing in the Marquita facility increased and the Neighborhood Policing model was
implemented, other facilities were sought for the remaining West Division functions. In 2005, the
current Trail Lake building was leased to house a Neighborhood Policing District, and later included
all of the West Division Patrol function. This is a strip style shopping center and parking spaces are
shared among all tenants. With the large number of patrol vehicles and personal vehicles, parking
has been an issue throughout the life of the lease. Additionally, the lease at this facility has expired
and the current arrangement is month-to-month. The current landlord is looking for development
opportunities and would prefer to demolish the facility and redevelop the property. There are no
contingencies in place should the landlord exercise the option to ask the Fort Worth Police
Department to vacate the premises.
Current annual lease costs are $53,220.00 for the patrol facility and $8,400.00 for the Green Oaks
Boulevard storefront.
The former Bank of America property, located approximately 1,000 feet north of the West Division
Headquarters building and currently vacant, is now privately owned and offered for sale by the
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=19476&councildate=3/4/2014 4/24/2014
M&C Review Page 2 of 2
owners, who are trustees under various trusts created by two parent trusts, the Kwong 2008 Grantor
Trust and the Kwong Revocable Trust (collectively, the Owner). The City and Owner, working
through Venture Commercial, have been in negotiations throughout 2013 on a sales price, and in
November, 2013 settled on an agreed upon price of$1,275,000. Staff considers this a fair and
reasonable price for this property. Closing costs are estimated at $7,700.00. Renovation costs are
roughly estimated at $1,500,000.00 and are expected to be requested in Fiscal Year 2015 from Asset
Forfeiture Funds, Crime Control and Prevention District Funds or a combination of both.
The current headquarters building and the new facility would then house all the West Division
functions, Headquarters, Patrol and the Storefront and both existing leases would be terminated.
This facility is located in COUNCIL DISTRICT 3, Mapsco 73R.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above
recommendation, funds will be available in the current operating budget of the Crime Control and
Prevention District Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
GR79 538070 0359827 $1,282,700.00
Submitted for City Manager's Office by: Charles Daniels (6199)
Originating Department Head: Jeffrey W. Halstead (4231)
Additional Information Contact: Joe Komisarz (4289)
ATTACHMENTS
3530 Joyce Drive.pdf
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=19476&councildate=3/4/2014 4/24/2014
oo*.+%
Alamo 'Title Company
A member of Fidelity National Financial
August 5, 2014
VIA Federal Express
Ms.Joseph J. Komisarz
Capital Projects Planning Manager
Fort Worth Police Department
350 West Belknap Street
Fort Worth,TX 76102
Re: Our file no.AT0000047859-LSK
3530&3532 Joyce Drive
Dear Joe:
Enclosed you will find an electronic copy of the Owner's Title Policy and the original recorded Special Warranty
Deed for this property.
Please let me know if you find you need anything further. I appreciate the opportunity of closing this transaction
for you; I look forward to future business with you.
Sinc rely,/ %
J
�avonne S. Keith
Escrow Officer
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'P 2900 South Hulen, Ste. 30 • Fort Worth, TX 76109 • (817) 370-7393 • Fax (817) 370-6131
iftALAMO TITLE INSURANCE
Policy No.: 3339843-TX-FAFT-SPC-1-AT0000047859
File No.: ALDAL18-AT0000047859
OWNER'S POLICY OF TITLE INSURANCE (T-1)
Issued by
Alamo Title Insurance
Any notice of claim and any other notice or statement in writing required to be given the Company under this
Policy must be given to the Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B, AND THE CONDITIONS, ALAMO TITLE INSURANCE a Texas corporation (the "Company") insures, as
of Date of Policy and, to the extent stated in Covered Risks 9, and 10, after Date of Policy, against loss or damage, not
exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of:
1. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance
against loss from:
(a) A defect in the Title caused by
(i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged,
notarized, or delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law;
(v) a document executed under a falsified, expired, or otherwise invalid power of attorney;
(vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform
those acts by electronic means authorized by law; or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or
payable, but unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would
be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes
encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto
the Land of existing improvements located on adjoining land.
(d) Any statutory or constitutional mechanic's, contractor's, or materialman's lien for labor or materials having
its inception on or before Date of Policy
3. Lack of good and indefeasible Title.
4. No right of access to and from the Land.
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to
building and zoning) restricting, regulating, prohibiting, or relating to:
(a) the occupancy, use, or enjoyment of the Land;
(b) the character, dimensions, or location of any improvement erected on the Land;
(c) subdivision of land; or
(d) environmental protection
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention
to enforce, but only to the extent of the violation or enforcement referred to in that notice.
Owner's Policy T-1 Jacket(Covered Risks) (2014)
FDTX0715.rdw
Policy No..: 3339843-TX-FAFT-SPC-1-AT0000047859
File No.: ALDAL18-AT0000047859
OWNER'S POLICY OF TITLE INSURANCE (T-1)
(continued)
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a
notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the
extent of the enforcement referred to in that notice.
7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is
recorded in the Public Records.
8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without
Knowledge.
9. Title being vested other than as stated in Schedule A, or being defective:
(a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a
transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting
Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer
under federal bankruptcy, state insolvency or similar creditors' rights laws; or
(b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer
under federal bankruptcy, state insolvency or similar creditors' rights laws by reason of the failure of its
recording in the Public Records:
(i) to be timely, or
(ii) to impart notice of its existence to a purchaser for value or a judgment or lien creditor.
10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has
been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and
prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in
Schedule A.
The Company will also pay the costs, attorneys'fees, and expenses incurred in defense of any matter insured against by
this Policy, but only to the extent provided in the Conditions.
Alamo Title Company Alamo fTitle Insurance
BY
))) President
ATTEST
Authorized Countersignature se=tetary
Owner's Policy T-1 Jacket(Covered Risks)(2014)
FDTX0715.rdw
ALAMO TITLE INSURANCE
OWNER POLICY OF TITLE INSURANCE T-1
SCHEDULE A
File Number: ALDAL18-AT0000047859
Policy Number: 3339843-TX-FAFT-SPC-1-AT0000047859
Amount of Insurance: $ 1,275,000.00
Premium: $ 7,115.00
DATE OF POLICY: May 27, 2014 at 09:40 AM
1. Name of Insured:
City of Fort Worth, a municipal corporation
2. The estate or interest in the Land that is covered by this policy is:
Fee Simple
3. Title is insured as vested in:
City of Fort Worth, a municipal corporation
4. The land referred to in this policy is described as follows:
SEE LEGAL DESCRIPTION ATTACHED HERETO
FDTX0717.rdw Owner's Policy T-1 (Schedule A) (2014)
Policy No.: 3339843-TX-FAFT-SPC-1-AT0000047859
File No.: ALDAL18-AT0000047859
SCHEDULE A
(continued)
LEGAL DESCRIPTION
Legal description of the land:
TRACT 1
Being a 3.2342 acre tract of land located in the City of Fort Worth, Tarrant County, Texas, said 3.2342 acre tract of land
being all of Lot 1-R, Block 10, Highland Homes Addition, being an Addition to the City of Fort Worth, Tarrant County,
Texas, according to the plat thereof recorded in Volume 388423, Page 146, Plat Records, Tarrant County, Texas
(P.R.T.C.T.), said 3.2342 acre tract also being all of Lot B, Block 10, Highland Homes Addition, being an addition to the
City of Fort Worth, Tarrant County, Texas, according to the plat thereat recorded in Volume 388-46, Page 825,
P.R.T.C.T., said 3.2362 acre tract of land also being all of those certain tracts of land conveyed to Jennie Kwong, et al,
by deeds as recorded in Tarrant County Clerk's Instrument No.'s D209267416 and D210102638, Official Public Record,
Tarrant County, Texas, said 3.2362 acre tract being more particularly described by metes and bounds as follows:
Beginning at a 1/2 inch iron rod found at the northeast property corner of said Lot 1-R, same being at the intersection of
the south right-of-way line of Chapel Avenue (being a 50 feet wide right-of-way at this point) and the west right-of-way
line Joyce Drive (being a 60 feet wide right-of-way at this point);
Thence South 00° 08'21" East, along the east property line of said Lot 1-R and along the said west right-of-way line, at
242.00 passing the southeast property corner of the said Lot 1-R, same being the northeast property corner of said Lot B,
continuing in all 510.84 feet to a Mag Nail set in asphalt at a southeast property corner of the said Lot B the northerly end
of a corner clip located at the intersection of the said west right-of-way line and the north right-of-way line of Ruby Place
(being a 60 feet wide right-of-way at this point);
Thence South 24°25' 33"West, along the said corner clip, a distance of 67.30 feet to a 1/2 inch iron rod with a cap
stamped "ESFA 429-7560"found at the most southerly southeast property corner of said Lot B, same being at the
southerly end of the said corner clip, and being on the said north right-of-way line of Ruby Place;
Thence South 89° 51' 39"West, along the south property line of said Lot B and along the said north right-of-way line, a
distance 172.11 feet(172.77-Called)to a 1/2 inch iron rod with cap stamped "Spooner&Associates"set at the
southwest property corner of said Lot B, same being at the southeast property corner of Lot A, of the said Highland
Homes Addition (Volume 388-46, Page 825);
Thence North 00° 08'21"West, along the common property line of said Lots A& B, at a distance of 330.20 passing the
northwest property corner of said Lot B, same being the most southerly southwest property corner at said Lot 1-R, and
continuing along a southwest property line of said Lot 1-R and along the east property line of said Lot A, in all a total
distance of 363.54 feet (363.2 - Called)to a 1/2 inch iron rod with cap stamped (7560)found at an interior ell property
corner of said Lot 1-R, same being at the northeast property corner at said Lot A;
Thence South 89° 51' 39" West, along a south property line of said Lot 1-R and along the north property line of said Lot
A, a distance of 159.84 feet(160.06-Called)to a 1/2 inch iron rod with a cap stamped "Spooner&Associates" set at the
most westerly southwest property corner of said Lot 1-R, same being the northwest property corner of said Lot A, and
being on the east right-of-way line of Marquita Drive (being a 60 feet wide right-of-way at this point);
Thence North 00° 08'21"West, along a west property line of said Lot 1-R and along the said east right-of-way line, a
distance of 49.35 feet(49.00 feet- Called)to a 1/2 inch iron rod found at a northwest property corner of said Lot 1-R,
same being the southwest property corner of Lot 2, Block 10, Highland Homes Addition, being an Addition to the City of
Fort Worth, Tarrant County"Texas, according to the plat thereof recorded in Volume 1943, Page 1, P.R.T.C.T.;
FDTX0717.rdw Owner's Policy T-1 (Schedule A) (2014)
Policy No.: 3339843-TX-FAFT-SPC-1-AT0000047859
File No.: ALDAL18-AT0000047859
SCHEDULE A
(continued)
Thence departing said east right-of-way line and along the common property fines of said Lot 1-R and said Lot 2 the
following courses and distances:
South 86° 28' 34" East (South 86°37' 21" East-Called)a distance of 180.44 feet(180.25-Called)to a 1/2 inch iron rod
found;
North 00° 08'21"West a distance of 71.64 feet(71.25-Called)to a 1/2 inch iron rod with cap stamped "Spooner&
Associates"set;
North 83° 17'21"West a distance of 181.20 feet to a 1/2 inch iron rod found at a southwest property corner of said Lot
1-R, same being the northwest property corner of said Lot 2, and being on the said east right-of-way line of Marquita
Drive;
Thence North 00° 08' 21"West, along a west property line of said Lot 1-R and along the said east right-of-way line, a
distance of 120.64 feet(121.0- Called)to a 1/2 inch iron rod with a cap stamped "Spooner&Associates"set at the
northwest property corner of said Lot 1-R, same being at the intersection of the said east right-of-way line of Marquita
Drive and the said south right-of-way one of Chapel Avenue;
Thence South 83° 17'21" East, along the north property line of said Lot 1-R and along the said south right-of-way line, a
distance of 362.35 feet (361.65 feet- Called) to the point of beginning.
Th Being a 3.2342 acre tract of land located in the City of Fort Worth, Tarrant County, Texas, said 3.2342 acre tract of
land being all of Lot 1-R, Block 10, Highland Homes Addition, being an Addition to the City of Fort Worth, Tarrant County,
Texas, according to the plat thereof recorded in Volume 388423, Page 146, Plat Records, Tarrant County, Texas
(P.R.T.C.T.), said 3.2342 acre tract also being all of Lot B, Block 10, Highland Homes Addition, being an addition to the
City of Fort Worth, Tarrant County, Texas, according to the plat thereat recorded in Volume 388-46, Page 825,
P.R.T.C.T., said 3.2362 acre tract of land also being all of those certain tracts of land conveyed to Jennie Kwong, et al,
by deeds as recorded in Tarrant County Clerk's Instrument No.'s D209267416 and D210102638, Official Public Record,
Tarrant County, Texas, said 3.2362 acre tract being more particularly described by metes and bounds as follows:
Beginning at a 1/2 inch iron rod found at the northeast property corner of said Lot 1-R, same being at the intersection of
the south right-of-way line of Chapel Avenue (being a 50 feet wide right-of-way at this point) and the west right-of-way
line Joyce Drive (being a 60 feet wide right-of-way at this point);
Thence South 00° 08'21" East, along the east property line of said Lot 1-R and along the said west right-of-way line, at
242.00 passing the southeast property corner of the said Lot 1-R, same being the northeast property corner of said Lot B,
continuing in all 510.84 feet to a Mag Nail set in asphalt at a southeast property corner of the said Lot B the northerly end
of a corner clip located at the intersection of the said west right-of-way line and the north right-of-way line of Ruby Place
(being a 60 feet wide right-of-way at this point);
Thence South 24°25' 33"West, along the said corner clip, a distance of 67.30 feet to a 1/2 inch iron rod with a cap
stamped "ESFA 429-7560"found at the most southerly southeast property corner of said Lot B, same being at the
southerly end of the said corner clip, and being on the said north right-of-way line of Ruby Place;
Thence South 89° 51' 39" West, along the south property line of said Lot B and along the said north right-of-way line, a
distance 172.11 feet(172.77- Called) to a 1/2 inch iron rod with cap stamped "Spooner&Associates"set at the
southwest property corner of said Lot B, same being at the southeast property corner of Lot A, of the said Highland
Homes Addition (Volume 388-46, Page 825);
Thence North 00° 08'21"West, along the common property line of said Lots A& B, at a distance of 330.20 passing the
northwest property corner of said Lot B, same being the most southerly southwest property corner at said Lot 1-R, and
continuing along a southwest property line of said Lot 1-R and along the east property line of said Lot A, in all a total
FDTX0717.rdw Owner's Policy T-1 (Schedule A) (2014)
Policy No.: 3339843-TX-FAFT-SPC-1-AT0000047859
File No.: ALDAL18-AT0000047859
SCHEDULE A
(continued)
distance of 363.54 feet (363.2 - Called)to a 1/2 inch iron rod with cap stamped (7560)found at an interior ell property
corner of said Lot 1-R, same being at the northeast property corner at said Lot A;
Thence South 89° 51' 39"West, along a south property line of said Lot 1-R and along the north property line of said Lot
A, a distance of 159.84 feet (160.06-Called)to a 1/2 inch iron rod with a cap stamped "Spooner&Associates" set at the
most westerly southwest property corner of said Lot 1-R, same being the northwest property corner of said Lot A, and
being on the east right-of-way line of Marquita Drive (being a 60 feet wide right-of-way at this point);
Thence North 00° 08' 21"West, along a west property line of said Lot 1-R and along the said east right-of-way line, a
distance of 49.35 feet(49.00 feet-Called)to a 1/2 inch iron rod found at a northwest property corner of said Lot 1-R,
same being the southwest property corner of Lot 2, Block 10, Highland Homes Addition, being an Addition to the City of
Fort Worth, Tarrant County"Texas, according to the plat thereof recorded in Volume 1943, Page 1, P.R.T.C.T.;
Thence departing said east right-of-way line and along the common property fines of said Lot 1-R and said Lot 2 the
following courses and distances:
South 86° 28' 34" East(South 86°37'21" East-Called) a distance of 180.44 feet(180.25-Called) to a 1/2 inch iron rod
found;
North 00° 08' 21" West a distance of 71.64 feet(71.25-Called)to a 1/2 inch iron rod with cap stamped "Spooner&
Associates"set;
North 83° 17' 21"West a distance of 181.20 feet to a 1/2 inch iron rod found at a southwest property corner of said Lot
1-R, same being the northwest property corner of said Lot 2, and being on the said east right-of-way line of Marquita
Drive;
Thence North 00° 08'21"West, along a west property line of said Lot 1-R and along the said east right-of-way line, a
distance of 120.64 feet(121.0- Called)to a 1/2 inch iron rod with a cap stamped "Spooner&Associates"set at the
northwest property corner of said Lot 1-R, same being at the intersection of the said east right-of-way line of Marquita
Drive and the said south right-of-way one of Chapel Avenue;
Thence South 83° 17'21" East, along the north property line of said Lot 1-R and along the said south right-of-way line, a
distance of 362.35 feet (361.65 feet- Called)to the point of beginning.
The hereinabove described tract of land contains 3.2342 acres (140,881 square feet)of land, more or less.
NOTE: COMPANY DOES NOT REPRESENT THAT THE ABOVE ACREAGE AND/OR SQUARE FOOTAGE
CALCULATIONS ARE CORRECT.
TRACT 2
Part of Block 11, Highland Homes Addition to the City of Fort Worth, Tarrant County, Texas, according to plat recorded in
Volume 1943, Page 1, Deed Records of Tarrant County, Texas, being more particularly described as:
Situated in the City of Fort Worth, Tarrant County, Texas and being a tract or parcel of land out of Block 11, Highland
Homes Addition to the City of Fort Worth, Tarrant County, Texas, and described by metes and bounds as follows:
Beginning at a point in the west line of said Block 11, said point being 424.00 feet South of the Northwest corner of said
Block 11 and being in the East line of Joyce Drive;
FDTX0717.rdw Owner's Policy T-1 (Schedule A) (2014)
Policy No.: 3339843-TX-FAFT-SPC-1-AT0000047859
File No.: ALDAL18-AT0000047859
SCHEDULE A
(continued)
Thence South with the East line of Joyce Drive and the West line of Block 11 a distance of 100.00 feet to the point of
intersection of the East line of Joyce Drive and the West line of State Highway 183;
Thence North 23 degrees 24 minutes 45 seconds East and the west line of State Highway 183 a distance of 108.97 feet;
Thence West a distance of 43.30 feet to the Point of Beginning and containing 2,165 square feet and being the same
property conveyed to Gateway National Bank in deed recorded in Volume 4035, Page 541, Plat Records, Tarrant County,
Texas.
FDTX0717.rdw Owner's Policy T-1 (Schedule A) (2014)
Policy No.: 3339843-TX-FAFT-SPC-1-AT0000047859
File No.: ALDAL18-AT0000047859
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This Policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses)
that arise by reason of the terms and conditions of the leases and easements, if any, shown in Schedule A and the
following matters:
1. Exception No. 1 of Schedule B above, is hereby deleted.
2. Shortages in area.
3. Homestead or community property or survivorship rights, if any, of any spouse of any insured. (Applies to the
Owner Policy only.)
4. Any titles or rights asserted by anyone, including, but not limited to, persons, the public, corporations, governments
or other entities,
a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers
and streams, lakes, bays, gulfs or oceans, or
b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any
government, or
C. to filled-in lands, or artificial islands, or
d. to statutory water rights, including riparian rights, or
e. to the area extending from the line of mean low tide to the line of vegetation, or the rights of
access to that area or easement along and across that area. (Applies to the Owner Policy only.)
5. Standby fees, taxes, and assessments by any taxing authority for the year 2014, and subsequent years; and
subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or
ownership, but not those taxes or assessments for prior years because of an exemption granted to a previous
owner of the property under Section 11.13, Texas Tax Code, or because of improvements not assessed for a
previous tax year.
6. The following matters and all terms of the documents creating or offering evidence of the matters (The Company
must insert matters or delete this exception.):
a. All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together with all
rights, privileges, and immunities relating thereto, appearing in the Public Records whether listed in
Schedule B or not. There may be leases, grants, exceptions or reservations of mineral interest that are not
listed.
b. Easement(s)for the purpose(s)shown below and rights incidental thereto as delineated or as offered for
dedication, on the map of said tract/plat;
Purpose: Five foot utility easement
Affects: West
Recording No: in Volume 388-46, Page 825, Plat Records, Tarrant County, Texas
Easement(s) for the purpose(s)shown below and rights incidental thereto as delineated or as offered for
dedication, on the map of said tract/plat;
Purpose: Twenty foot by twenty foot public open space easement
Affects: Northwest and Northeast corner
Recording No: in Volume 388-113, Page 145, Plat Records, Tarrant County, Texas
FDTX0718.rdw Owner's Policy T-1 (Schedule B) (2014)
Policy No.: 3339843-TX-FAFT-SPC-1-AT0000047859
File No.: ALDAL18-AT0000047859
SCHEDULE B
(continued)
C. Agreement
Recording Date: December 9, 1974
Recording No.: in Volume 5748, Page 771, Deed Records, Tarrant County, Texas
d. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed
by the document
Entitled: Assignment and Assumption of Leases
Lessor: WCJ Gateway 93, Ltd.
Lessee: Rancholos Hermosos, LP
Recording Date: August 25, 2005
Recording No: in Document D205252559, Deed Records, Tarrant County, Texas
e. Interest in and to all coal, lignite, oil, gas and other minerals, and all rights incident thereto, contained in
instrument dated September 19, 2007, recorded November 16, 2007 at Document D207410914 of the
Official Records of Tarrant County, Texas. Reference to which instrument is here made for particulars. No
further search of title has been made as to the interest(s)evidenced by this instrument, and the Company
makes no representation as to the ownership or holder of such interest(s).
f. Easement(s)for the purpose(s)shown below and rights incidental thereto as delineated or as offered for
dedication, on the map of said tract/plat;
Purpose: Utility Easement
Affects: 10' Utility Easement- over and across (running north & south)said property along the west
boundary line
Recording No: according to the plat thereof recorded in Volume 1943, Page 1, Plat Records, Tarrant
County, Texas
*Note* as shown on Survey
g. A building set-back line, as disclosed by said map/plat.
Affects: 25' Building Lines-West& East boundary line
h. Easement(s)and rights incidental thereto, as granted in a document:
Granted to: City of Fort Worth
Purpose: As provided in said document
Recording Date: August 11, 2010
Recording No: in Document D210194167, Deed Records, Tarrant County, Texas
Affects: Tract 2
FDTX0718.rdw Owner's Policy T-1 (Schedule B) (2014)
Policy No.: 3339843-TX-FAFT-SPC-1-AT0000047859
File No.: ALDAL18-AT0000047859
SCHEDULE B
(continued)
i. Matters contained in that certain document
Entitled: Special Warranty Deed
Dated: April 28, 2014
Executed by: Eugene Kwong, Trustee of the Eugene Kwong Exempt Trust under the Kwong 2008 Grantor
Trust dated August 15, 2008 and Robert Kwong, Trustee of the Tobert Kwong Exempt Trust under the
Kwong 2008 Grantor Trust dated August 15. 2008 and Marshall Kwong, Trustee of the Marshall Kwong
Exempt Trust under the Kwong 2008 Grantor Trust dated August 15, 2008 and Jennie Kwong, Trustee of the
Ecempt Marital Trust created under the Kwong Revocable Trust dated January 10, 2008 and the nonexempt
marital trust created under the Kwong Revocable Trust, dated January 10, 2008.
Recording Date: May 27, 2014
Recording No: D214107214, Real Property Records, Tarrant County, Texas
Reference is hereby made to said document for full particulars.
j. Interest in and to all coal, lignite, oil, gas and other minerals, and all rights incident thereto, contained in
instrument dated April 28, 2014, recorded May 27, 2014 at D214107214 of the Official Records of Tarrant
County, Texas. Reference to which instrument is here made for particulars. No further search of title has
been made as to the interest(s) evidenced by this instrument, and the Company makes no representation as
to the ownership or holder of such interest(s).
k. Section 14 of the Conditions of this policy is hereby deleted.
FDTX0718.rdw Owner's Policy T-1 (Schedule B) (2014)
Policy No.: 3339843-TX-FAFT-SPC-1-AT0000047859
File No.: ALDAL18-AT0000047859
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or
damage, costs, attorneys'fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning)
restricting, regulating, prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a)
does not modify or limit the coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under
Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or
8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured
Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured
Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy(however, this does not modify or limit the coverage
provided under Covered Risk 9 and 10); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for
the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that
the transaction vesting the Title as shown in Schedule A, is:
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or
attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public
Records that vests Title as shown in Schedule A.
6. The refusal of any person to purchase, lease or lend money on the estate or interest covered hereby in the land
described in Schedule A because of Unmarketable Title.
FDTX0716.rdw Owner's Policy T-1 Jacket (Exclusions from Coverage) (2014)
Policy No.: 3339843-TX-FAFT-SPC-1-AT0000047859
File No.: ALDAL18-AT0000047859
CONDITIONS
1. DEFINITION OF TERMS.
The following terms when used in this policy mean:
(a) "Amount of Insurance": the amount stated in Schedule A, as may be increased or decreased by
endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and 11 of these
Conditions.
(b) "Date of Policy": The date designated as "Date of Policy" in Schedule A.
(c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity.
(d) "Insured": The Insured named in Schedule A.
(i) The term "Insured"also includes
(A) successors to the Title of the Insured by operation of law as distinguished from purchase,
including heirs, devisees, survivors, personal representatives or next of kin;
(B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization;
(C) successors to an Insured by its conversion to another kind of Entity;
(D) a grantee of an Insured under a deed delivered without payment of actual valuable
consideration conveying the Title;
(1) If the stock, shares, memberships, or other equity interests of the grantee are
wholly-owned by the named Insured,
(2) If the grantee wholly owns the named Insured,
(3) If the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the
affiliated Entity and the named Insured are both wholly-owned by the same person or
Entity, or
(4) If the grantee is a trustee or beneficiary of a trust created by a written instrument
established by the Insured named in Schedule A for estate planning purposes.
(ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor
that the Company would have had against any predecessor Insured.
(e) "Insured Claimant": An Insured claiming loss or damage.
(f) "Knowledge" or"Known": actual knowledge, not constructive knowledge or notice that may be imputed to an
Insured by reason of the Public Records or any other records that impart constructive notice of matters
affecting the Title.
(g) "Land": the land described in Schedule A, and affixed improvements that by law constitute real property. The
term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any
right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways,
but this does not modify or limit the extent that a right of access to and from the Land is insured by this
policy.
(h) "Mortgage": mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by
electronic means authorized by law.
(i) "Public Records": records established under state statutes at Date of Policy for the purpose of imparting
constructive notice of matters relating to real property to purchasers for value and without Knowledge. With
respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the
records of the clerk of the United States District Court for the district where the Land is located.
Q) "Title": the estate or interest described in Schedule A.
(k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective
purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease or
lend if there is a contractual condition requiring the delivery of marketable title.
FDTX0726.rdw Owner's Policy T-1 Jacket (Conditions) (2014)
Policy No.: 3339843-TX-FAFT-SPC-1-AT0000047859
File No.: ALDAL18-AT0000047859
CONDITIONS
(Continued)
2. CONTINUATION OF INSURANCE.
The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as
the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage
given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in
any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the
Insured of either(i) an estate or interest in the Land, or(ii)an obligation secured by a purchase money Mortgage
given to the Insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT.
The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a)
below, or (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse
to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this
policy. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's
liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice.
When, after the Date of the Policy, the Insured notifies the Company as required herein of a lien, encumbrance,
adverse claim or other defect in Title insured by this policy that is not excluded or excepted from the coverage of
this policy, the Company shall promptly investigate the charge to determine whether the lien, encumbrance,
adverse claim or defect or other matter is valid and not barred by law or statute. The Company shall notify the
Insured in writing, within a reasonable time, of its determination as to the validity or invalidity of the Insured's claim
or charge under the policy. If the Company concludes that the lien, encumbrance, adverse claim or defect is not
covered by this policy, or was otherwise addressed in the closing of the transaction in connection with which this
policy was issued, the Company shall specifically advise the Insured of the reasons for its determination. If the
Company concludes that the lien, encumbrance, adverse claim or defect is valid, the Company shall take one of
the following actions: (i) institute the necessary proceedings to clear the lien, encumbrance, adverse claim or
defect from the Title as insured; (ii) indemnify the Insured as provided in this policy; (iii) upon payment of
appropriate premium and charges therefore, issue to the Insured Claimant or to a subsequent owner, mortgagee or
holder of the estate or interest in the Land insured by this policy, a policy of title insurance without exception for the
lien, encumbrance, adverse claim or defect, said policy to be in an amount equal to the current value of the Land
or, if a loan policy, the amount of the loan; (iv) indemnify another title insurance company in connection with its
issuance of a policy(ies) of title insurance without exception for the lien, encumbrance, adverse claim or defect; (v)
secure a release or other document discharging the lien, encumbrance, adverse claim or defect; or(vi) undertake a
combination of (i)through (v) herein.
4. PROOF OF LOSS.
In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option,
require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must
describe the defect, lien, encumbrance or other matter insured against by this policy that constitutes the basis of
loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage.
5. DEFENSE AND PROSECUTION OF ACTIONS.
(a) Upon written request by the Insured, and subject to the options contained in Sections 3 and 7 of these
Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an
Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured.
This obligation is limited to only those stated causes of action alleging matters insured against by this policy.
The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object
for reasonable cause)to represent the Insured as to those stated causes of action. It shall not be liable for
and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses
incurred by the Insured in the defense of those causes of action that allege matters not insured against by
this policy.
FDTX0726.rdw Owner's Policy T-1 Jacket(Conditions) (2014)
Policy No.: 3339843-TX-FAFT-SPC-1-AT0000047859
File No.: ALDAL18-AT0000047859
CONDITIONS
(Continued)
(b) The Company shall have the right, in addition to the options contained in Sections 3 and 7, at its own cost, to
institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary
or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The
Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to
the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of
this policy. If the Company exercises its rights under this subsection, it must do so diligently.
(c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the
Company may pursue the litigation to a final determination by a court of competent jurisdiction and it
expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order.
6. DUTY OF INSURED CLAIMANT TO COOPERATE.
(a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any
action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or
provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured
for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give
the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the
action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the
Company may be necessary or desirable to establish the Title or any other matter as insured. If the
Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's
obligations to the Insured under the policy shall terminate, including any liability or obligation to defend,
prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation.
(b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any
authorized representative of the Company and to produce for examination, inspection and copying, at such
reasonable times and places as may be designated by the authorized representative of the Company, all
records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence,
reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that
reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the
Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the
Company to examine, inspect and copy all of these records in the custody or control of a third party that
reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant
provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable
judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant
to submit for examination under oath, produce any reasonably requested information or grant permission to
secure reasonably necessary information from third parties as required in this subsection, unless prohibited
by law or governmental regulation, shall terminate any liability of the Company under this policy as to that
claim.
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY.
In case of a claim under this policy, the Company shall have the following additional options:
(a) To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys'
fees and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of
payment or tender of payment and that the Company is obligated to pay.
Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured
under this policy, other than to make the payment required in this subsection, shall terminate, including any
liability or obligation to defend, prosecute, or continue any litigation.
FDTX0726.rdw owner's Policy T-1 Jacket (Conditions) (2014)
Policy No.: 3339843-TX-FAFT-SPC-1-AT0000047859
File No.: ALDAL18-AT0000047859
CONDITIONS
(Continued)
(b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant.
(i) to pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim
insured against under this policy. In addition, the Company will pay any costs, attorneys' fees and
expenses incurred by the Insured Claimant that were authorized by the Company up to the time of
payment and that the Company is obligated to pay; or
(ii) to pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy,
together with any costs, attorneys'fees and expenses incurred by the Insured Claimant that were
authorized by the Company up to the time of payment and that the Company is obligated to pay.
Upon the exercise by the Company of either of the options provided for in subsections (b)(i)or(ii), the
Company's obligations to the Insured under this policy for the claimed loss or damage, other than the
payments required to be made, shall terminate, including any liability or obligation to defend, prosecute or
continue any litigation.
8. DETERMINATION AND EXTENT OF LIABILITY.
This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured
Claimant who has suffered loss or damage by reason of matters insured against by this policy.
(a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of:
(i) the Amount of Insurance; or
(ii) the difference between the value of the Title as insured and the value of the Title subject to the risk
insured against by this policy.
(b) If the Company pursues its rights under Section 3 or 5 and is unsuccessful in establishing the Title, as
insured,
(i) the Amount of Insurance shall be increased by 10%, and
(ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date
the claim was made by the Insured Claimant or as of the date it is settled and paid.
(c) In addition to the extent of liability under(a) and (b), the Company will also pay those costs, attorneys' fees,
and expenses incurred in accordance with Sections 5 and 7 of these Conditions.
9. LIMITATION OF LIABILITY.
(a) If the Company establishes the Title, or removes the alleged defect, lien or encumbrance, or cures the lack
of a right of access to or from the Land, all as insured, or takes action in accordance with Section 3 or 7, in a
reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall
have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage
caused to the Insured.
(b) In the event of any litigation, including litigation by the Company or with the Company's consent, the
Company shall have no liability for loss or damage until there has been a final determination by a court of
competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured.
(c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the
Insured in settling any claim or suit without the prior written consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY.
All payments under this policy, except payments made for costs, attorneys'fees and expenses, shall reduce the
Amount of Insurance by the amount of the payment.
11. LIABILITY NONCUMULATIVE
The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage
to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject or which
is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid
shall be deemed a payment to the Insured under this policy.
FDTX0726.rdw owner's Policy T-1 Jacket(Conditions) (2014)
Policy No.: 3339843-TX-FAFT-SPC-1-AT0000047859
File No.: ALDAL18-AT0000047859
CONDITIONS
(Continued)
12. PAYMENT OF LOSS.
When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the
payment shall be made within 30 days
13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT.
(a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and
entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the
claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss,
costs, attorneys'fees and expenses paid by the Company. If requested by the Company, the Insured
Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies.
The Insured Claimant shall permit the Company to sue, compromise or settle in the name of the Insured
Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights
and remedies.
If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall
defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss.
(b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other
policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments that
address subrogation rights.
14. ARBITRATION.
Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration
pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as
provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons.
Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the
Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy
provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable
matters when the Amount of Insurance is$2,000,000 or less shall be arbitrated at the option of either the Company
or the Insured, unless the Insured is an individual person (as distinguished from an Entity). All arbitrable matters
when the Amount of Insurance is in excess of$2,000,000 shall be arbitrated only when agreed to by both the
Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties.
Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT.
(a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and
contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall
be construed as a whole.
(b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim
shall be restricted to this policy.
(c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized
person, or expressly incorporated by Schedule A of this policy.
(d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its
terms and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms
and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy or (iv) increase
the Amount of Insurance. Each Commitment, endorsement or other form, or provision in the Schedules to
this policy that refers to a term defined in Section 1 of the Conditions shall be deemed to refer to the term
regardless of whether the term is capitalized in the Commitment, endorsement or other form, or Schedule.
Each Commitment, endorsement or other form, or provision in the Schedules that refers to the Conditions
and Stipulations shall be deemed to refer to the Conditions of this policy.
FDTX0726.rdw Owner's Policy T-1 Jacket(Conditions) (2014)
Policy No.: 3339843-TX-FAFT-SPC-1-AT0000047859
File No.: ALDAL18-AT0000047859
CONDITIONS
(Continued)
16. SEVERABILITY
In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law,
the policy shall be deemed not to include that provision or such part held to be invalid and all other provisions shall
remain in full force and effect.
17. CHOICE OF LAW; FORUM.
(a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy
and determined the premium charged therefor in reliance upon the law affecting interests in real property
and applicable to the interpretation, rights, remedies or enforcement of policies of title insurance of the
jurisdiction where the Land is located.
Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to
determine the validity of claims against the Title that are adverse to the Insured, and in interpreting and
enforcing the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of laws
principles to determine the applicable law.
(b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be
filed only in a state or federal court within the United States of America or its territories having appropriate
jurisdiction.
18. NOTICES, WHERE SENT.
Any notice of claim and any other notice or statement in writing required to be given to the Company under this
policy must be given to the Company at PO Box 45023, Jacksonville, FL 32232-5023.
FDTX0726.rdw Owner's Policy T-1 Jacket(Conditions) (2014)
IMPORTANT NOTICE AVISO IMPORTANTE
To obtain information or make a complaint: Para obtener informacion o para someter una
queja:
You may call Alamo Title Insurance's Usted puede Ilamar al numero de telefono
toll-free telephone number for information gratis Compania de Sequros de Titulo de
or to make a complaint at: Alamo Title Insurance's para informacion o
800-654-7041 para someter una queja al:
800-654-7041
You may also write to Alamo Title Usted tambien puede escribir a Compania
Insurance at: Seguros de Titulo de Alamo Title Insurance:
Attention: Claims Department Attention: Claims Department
P.O. Box 45023 P.O. Box 45023
Jacksonville, FL 32232-5023 Jacksonville, FL 32232-5023
You may contact the Texas Department of Puede comunicarse con el Departamento de
Insurance to obtain information on companies, Seguros de Texas para obtener informacion acerca
coverages, rights or complaints at: de companias,coberturas, derechos o quejas al:
800-252-3439 800-252-3439
You may write to the Texas Department of Puede escribir al Departmento de Seguros de
Insurance: Texas:
PO Box 149104 PO Box 149104
Austin, TX 78714 Austin, TX 78714
512-475-1771 512-475-1771
Web:http://www.tdi.texas.g_ov Web:http://www.tdi.texas.gov
E-mail:ConsumerProtcction @.tdi.texas.gov E-mail:ConsumerProtection @ tdi.texas.gov
PREMIIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS O RECLAMOS:
Should you have a dispute concerning your Si tiene una disputa concerniente a su prima o a un
premium or about a claim you should contact the reclamo, debe comunicarse con la compania
company first. If the dispute is not resolved, you primero. Si no se resuelve la disputa, puede
may contact the Texas Department of Insurance. entonces comunicarse con el deparamento(TDI).
ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA:
This notice is for information only and does not Este aviso es solo para proposito de informacion y
become a part or condition of the attached no se convierte en parte o condicion del documento
document. adjunto.
Important Notice
FDTX0630.rdw Effective 1/3/2014
Page 1 of 11
SPECIAL WARRANTY DEED
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION
FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY
BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECOfflSA"e-Mgjj tt C�U�v�PAf�Y
t F SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER_ -
.GF41-AT 47850-LSK-.---__.________
Date: APRIL 28,2014 /l /
r 0 Grantor. EUGENE KWONG, TRUSTEE OF THE EUGENE KWONG EXEMPT TRUST UNDER THE
cT =KWONG 2008 GRANTOR TRUST DATED AUGUST 15,2000 AND ROBERT KWONG,TRUSTEE OF
Cn _ 5' <THE R013ERT KWONG EXEMPT TRUST UNDER THE KWONG 2008 GRANTOR TRUST DATED
m '� X AUGUST 16, 2000 AND MARSHALL KWONG, TRUSTEE OF THE MARSHALL KWONG EXEMPT
G) rD M TRUST UNDER THE KWONG 2008 GRANTOR TRUST DATED AUGUST 16, 2008 AND JENNIE
v p C KWONG, TRUSTEE OF THE EXEMPT MARITAL TRUST CREATED UNDER THE KWONG
Q 0 REVOCABLE TRUST DATED JANUARY 10, 2008 AND THE NONEXEMPT MARITAL TRUST
07 IM/� CREATED UNDER THE KWONG REVOCABLE TRUST,DATED JANUARY 10,2008
N •M
Q Grantor's Mailing Address:
Grantee: CITY OF FORT WORTH,A MUNICIPAL CORPORATION
Granlee's Mailing Address: 1000 THROCKMORTON,FORT WORTH,TEXAS 7002
Consideration: TEN AND NO110D--(510 00)- --DOLLARS and other good and valuable
co Cn
consideration.the receipt of which Is hereby acknowledged and confessed:
C-
07
N Property(including any improvements):
N at BEING THOSE CERTAIN LOTS,TRACTS OR PARCELS OF LAND SITUATED IN THE CITY OF FORT
CD rt WORTH,TARRANT COUNTY,TEXAS,AND BEING MORE PARTICULARLY DESCRIBED BY METES
C7 X 69 OAND BOUNDS ON EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF FOR A"
P M rn r9 0 PURPOSES
A
b O D Reservations from Conveyance:
zp
0) THIS CONVEYANCE IS MADE SUBJECT TO AND THERE IS EXCEPTED HEREFROM,ALL OIL,GAS
AND OTHER MINERALS AND ROYALTIES HERETOFORE RESERVED OR CONVEYED TO OTHERS
Ill AND GRANTOR HEREBY EXCEPTS AND RESERVES UNTO GRANTOR, GRANTOR'S HEIRS
;13 C) SUCCESSORS AND ASSIGNS FOREVER,ALL REMAINING OIL,GAS AND OTHER MINERALS IN AND
n N3 UNDER AND THAT MAY BE PRODUCED FROM THE LANDS DESCRIBED HEREIN IF THE MINERAL
D A ESTATE IS SUBJECT TO EXISTING PRODUCTION OR AN EXISTING LEASE.THIS RESERVATION
L INCLUDES THE PRODUCTION-THE LEASE AND ALL.BENEFITS FROM IT
CD
N GRANTOR DOES HEREBY EXPRESSLY RELEASE AND WAIVE,ON BEHALF OF THE GRANTOR AND
i THE GRANTOR'S HEIRS,SUCCESSORS,AND ASSIGNS,ALL RIGHTS OF INGRESS AND EGRESS,
{i AND ANY AND ALL OTHER RIGHTS OF EVERY KIND AND CHARACTER WHATSOEVER,TO ENTER
UPON AND USE ANY PART OF THE SURFACE OF THE SUBJECT PROPERTY,INCLUDING,WITHOUT
LIMITA'T'ION,THE RIGHT TO ENTER UPON AND USE ANY PART OF THE SURFACE OF THE SUBJECT
PROPERTY FOR ANY PURPOSE INCIDENT TO EXPLORING FOR, DEVELOPING, DRILLING FOR,
PRODUCING, TRANSPORTING, MINING. TREATING, OR STORING THE OIL, GAS AND OTHER
MINERALS IN.ON,AND UNDER THE SUBJECT PROPERTY.
NOTHING HEREIN CONTAINED SHALL EVER BE CONSTRUED TO PREVENT THE GRANTOR, OR
THE GRANTOR'S HEIRS,SUCCESSORS,OR ASSIGNS.FROM DEVELOPING OR PRODUCING THE
OIL.GAS AND OTHER MINERALS IN AND UNDER THE SUBJECT PROPERTY BY POOLING OR BY
DIRECTIONAL DRILLING UNDER THE SUBJECT PROPERTY FROM WELL SITES LOCATED ON
TRACTS OUTSIDE THE SUBJECT PROPERTY
Exceptions to Conveyance and Warranty:
THIS CONVEYANCE IS EXECUTED,DELIVERED AND ACCEPTED SUB.JECTTO AD VALOREM TAXES
FOR THE CURRENT YEAR,ROLLBACK TAXES DUE TO THIS CONVEYANCE OR GRANTEE'S USE OF
THE SUBJECT PROPERTY,MAINTENANCE FUND LIENS,ZONING ORDINANCES,UTILITY DISTRICT
ASSESSMENTS AND STANDBY FEES,IF ANY,ANY AND ALL VALID UTILITY EASEMENTS CREATED
BY THE DEDICATION DEED OR PLAT OF THE SUBDIVISION IN WHICH SAID REAL PROPERTY IS
LOCATED, RECORDED EASEMENTS, MINERAL RESERVATIONS AND LEASES. RESTRICTIONS.
Warranty Deed IAT22 000f59853 Page 1 of 3
SPECIAL WARRANTY DEED
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION
FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY
BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDSIf YOURP19RI!#L
COMPANY
SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
T6%0000 c/ 7�� -LS,�
-GF#AT47869-LSK
Date: APRIL 28,2014 4&/-),1 L /
Grantor: EUGENE KWONG, TRUSTEE OF THE EUGENE KWONG EXEMPT TRUST UNDER THE
KWONG 2008 GRANTOR TRUST DATED AUGUST 15, 2008 AND ROBERT KWONG, TRUSTEE OF
THE ROBERT KWONG EXEMPT TRUST UNDER THE KWONG 2008 GRANTOR TRUST DATED
AUGUST 15, 2008 AND MARSHALL KWONG, TRUSTEE OF THE MARSHALL KWONG EXEMPT
TRUST UNDER THE KWONG 2008 GRANTOR TRUST DATED AUGUST 15, 2008 AND JENNIE
KWONG, TRUSTEE OF THE EXEMPT MARITAL TRUST CREATED UNDER THE KWONG
REVOCABLE TRUST DATED JANUARY 10, 2008 AND THE NONEXEMPT MARITAL TRUST
CREATED UNDER THE KWONG REVOCABLE TRUST,DATED JANUARY 10,2008
Grantor's Mailing Address:
Grantee: CITY OF FORT WORTH,A MUNICIPAL CORPORATION
Grantee's Mailing Address: 1000 THROCKMORTON,FORT WORTH,TEXAS 76102
Consideration: TEN AND NO/100------($10.00)-----DOLLARS and other good and valuable
consideration,the receipt of which is hereby acknowledged and confessed;
Property(including any improvements):
BEING THOSE CERTAIN LOTS,TRACTS OR PARCELS OF LAND SITUATED IN THE CITY OF FORT
WORTH, TARRANT COUNTY,TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS ON EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF FOR ALL
PURPOSES.
Reservations from Conveyance:
THIS CONVEYANCE IS MADE SUBJECT TO AND THERE IS EXCEPTED HEREFROM,ALL OIL, GAS
AND OTHER MINERALS AND ROYALTIES HERETOFORE RESERVED OR CONVEYED TO OTHERS
AND GRANTOR HEREBY EXCEPTS AND RESERVES UNTO GRANTOR, GRANTOR'S HEIRS
SUCCESSORS AND ASSIGNS FOREVER,ALL REMAINING OIL,GAS AND OTHER MINERALS IN AND
UNDER AND THAT MAYBE PRODUCED FROM THE LANDS DESCRIBED HEREIN. IF THE MINERAL
ESTATE IS SUBJECT TO EXISTING PRODUCTION OR AN EXISTING LEASE, THIS RESERVATION
INCLUDES THE PRODUCTION,THE LEASE AND ALL BENEFITS FROM IT.
GRANTOR DOES HEREBY EXPRESSLY RELEASE AND WAIVE,ON BEHALF OF THE GRANTOR AND
THE GRANTOR'S HEIRS,SUCCESSORS,AND ASSIGNS,ALL RIGHTS OF INGRESS AND EGRESS,
AND ANY AND ALL OTHER RIGHTS OF EVERY KIND AND CHARACTER WHATSOEVER,TO ENTER
UPON AND USE ANY PART OF THE SURFACE OF THE SUBJECT PROPERTY,INCLUDING,WITHOUT
LIMITATION,THE RIGHT TO ENTER UPON AND USE ANY PART OF THE SURFACE OF THE SUBJECT
PROPERTY FOR ANY PURPOSE INCIDENT TO EXPLORING FOR, DEVELOPING, DRILLING FOR,
PRODUCING, TRANSPORTING, MINING, TREATING, OR STORING THE OIL, GAS AND OTHER
MINERALS IN,ON,AND UNDER THE SUBJECT PROPERTY.
NOTHING HEREIN CONTAINED SHALL EVER BE CONSTRUED TO PREVENT THE GRANTOR, OR
THE GRANTOR'S HEIRS, SUCCESSORS, OR ASSIGNS, FROM DEVELOPING OR PRODUCING THE
OIL, GAS AND OTHER MINERALS IN AND UNDER THE SUBJECT PROPERTY BY POOLING OR BY
DIRECTIONAL DRILLING UNDER THE SUBJECT PROPERTY FROM WELL SITES LOCATED ON
TRACTS OUTSIDE THE SUBJECT PROPERTY.
Exceptions to Conveyance and Warranty:
THIS CONVEYANCE IS EXECUTED,DELIVERED AND ACCEPTED SUBJECT TO AD VALOREM TAXES
FOR THE CURRENT YEAR,ROLLBACK TAXES DUE TO THIS CONVEYANCE OR GRANTEE'S USE OF
THE SUBJECT PROPERTY, MAINTENANCE FUND LIENS,ZONING ORDINANCES,UTILITY DISTRICT
ASSESSMENTS AND STANDBY FEES,IF ANY,ANY AND ALL VALID UTILITY EASEMENTS CREATED
BY THE DEDICATION DEED OR PLAT OF THE SUBDIVISION IN WHICH SAID REAL PROPERTY IS
LOCATED, RECORDED EASEMENTS, MINERAL RESERVATIONS AND LEASES, RESTRICTIONS,
Warranty Deed/AT22_000159853 Page 1 of 3
COVENANTS, CONDITIONS, RIGHTS OF WAY EASEMENTS, IF ANY, AFFECTING THE HEREIN
DESCRIBED PROPERTY BUT ONLY TO THE EXTENT THE SAME ARE VALID AND SUBSISTING
Grantor, for the consideration and subject to the Reservations from Conveyance and Exceptions to
Conveyance and Warranty,grants,sells,and conveys to Grantee the property,together with all and singular
the rights and appurtenances thereto in any wise belonging,to have and hold it to Grantee,Grantee's heirs,
executors, administrators, successors, or assigns forever Grantor hereby binds Grantor and Grantor's
heirs,executors,administrators,and successors to warrant and forever defend all and singular the property
to Grantee and Grantee's heirs,executors,administrators,successors and assigns.against every person
whomsoever lawfully claiming or to claim the same or any part thereof,except as to the Reservations from
Conveyance and Exceptions to Conveyance and Warranty,when the claim is by,through,or under Grantor,
but not otherwise
When the context requires,singular nouns and pronouns include the plural
EUGENFit(WONG,TRUSTEE OF THE EUGENE
KWON E EM TRUST ND P THE KWONG 2008
GRA�O 1R✓�/�RA�t?f)�0.0 T 15,? 08
// /Illl �L
ROBERT KWONG,TRUSTEE OF THE ROBE
KWONG EXEMPT TRUST UNDER THE KWO 2 08
GRANTOR TRUST DATED AUGUST 15.2008
MARSHALL KWONG,TRUSTEE OF THE MARSHALL
KWONG EXEMPT TRUST UNDER THE KWONG 2008
GRANTOR TRUST DATED AUGUST 15.2008
JENNIE KWONG,TRUSTEE OF THE EXEMPT
MARITAL TRUST CREATED UNDER THE KWONG
REVOCABLE TRUST DATED JANUARY 10,2008 AND
THE NONEXEMPT MARITAL TRUST CREATED
UNDER THE KWONG REVOCABLE TRUST.DATED
JANUARY 10,2008
ACCEPTED AND AGREED TO:
CITY OF FORT WORTH,A MUNICIPAL
CORPORATION
BY:
Ch W. Daniels, Assistant City Manager
(Acknowledgment)
THE STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on the day of by
EUGENE KWONG,TRUSTEE OF THE EUGENE KWONG EXEMPT TRUST UNDER THE KWONG 2008
GRANTOR TRUST DATED AUGUST 15,2008 AND ROBERT KWONG,TRUSTEE OF THE ROBERT
KWONG EXEMPT TRUST UNDER THE KWONG 2008 GRANTOR TRUST DATED AUGUST 16,2008
AND MARSHALL KWONG,TRUSTEE OF THE MARSHALL KWONG EXEMPT TRUST UNDER THE
KWONG 2008 GRANTOR TRUST DATED AUGUST 16,2008 AND JENNIE KWONG,TRUSTEE OF THE
EXEMPT MARITAL TRUST CREATED UNDER THE KWONG REVOCABLE TRUST DATED JANUARY
10, 2008 AND THE NONEXEMPT MARITAL TRUST CREATED UNDER THE KWONG REVOCABLE
TRUST,DATED JANUARY 10,2008,
Notary Public,State of Texas
Notary's Name(printed):
Notary's commission expires:
NOTICE:This document affects your legal rights Read It carefully before signing
Warranty Deed/AT22_000159853 Page 2 of 3
COVENANTS, CONDITIONS, RIGHTS OF WAY EASEMENTS, IF ANY, AFFECTING THE HEREIN
DESCRIBED PROPERTY BUT ONLY TO THE EXTENT THE SAME ARE VALID AND SUBSISTING.
Grantor, for the consideration and subject to the Reservations from Conveyance and Exceptions to
Conveyance and Warranty,grants,sells,and conveys to Grantee the property,together with all and singular
the rights and appurtenances thereto in any wise belonging,to have and hold it to Grantee,Grantee's heirs,
executors, administrators, successors, or assigns forever. Grantor hereby binds Grantor and Grantor's
heirs,executors,administrators,and successors to warrant and forever defend all and singular the property
to Grantee and Grantee's heirs,executors,administrators,successors and assigns,against every person
whomsoever lawfully claiming or to claim the same or any part thereof,except as to the Reservations from
Conveyance and Exceptions to Conveyance and Warranty,when the claim is by,through,or under Grantor,
but not otherwise.
When the context requires,singular nouns and pronouns in d th ural.
fU-G-ENkPT0NG,TRUSTEE OF T EUGENE
KWONG EXEMPT TRUST UNDER TH KWONG 2008
GRANTOR TRUST DATED AUGUST 1 2008
ROBERT KWONG,TRUSTEE OF THE ROBERT
KWONG EXEMPT TRUST UNDER THE KWONG 2008
GRANTOR TRUST DATED AUGUS 8
MARSHALL KWONG,TRU EE OF HE MARSHAL
KGVONG EXEMPT TRUS NDE HE KWONG 2 8
GRANTOR TRUST DA D AU ST 15,2008
JENNIE KWONG,TRUSTEE OF THE EXE T
MARITAL TRUST CREATED UNDER THE KWONG
REVOCABLE TRUST DATED JANUARY 10,2008 AND
THE NONEXEMPT MARITAL TRUST CREATED
UNDER THE KWONG REVOCABLE TRUST,DATED
JANUARY 10,2008
ACCEPTED AND AGREED TO:
CITY OF FORT WORTH,A MUNICIPAL
CORPORATION
BY:
(Acknowledgment)
THE STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on the day of by
EUGENE KWONG,TRUSTEE OF THE EUGENE KWONG EXEMPT TRUST UNDER THE KWONG 2008
GRANTOR TRUST DATED AUGUST 15,2008 AND ROBERT KWONG,TRUSTEE OF THE ROBERT
KWONG EXEMPT TRUST UNDER THE KWONG 2008 GRANTOR TRUST DATED AUGUST 15,2008
AND MARSHALL KWONG, TRUSTEE OF THE MARSHALL KWONG EXEMPT TRUST UNDER THE
KWONG 2008 GRANTOR TRUST DATED AUGUST 15,2008 AND JENNIE KWONG,TRUSTEE OF THE
EXEMPT MARITAL TRUST CREATED UNDER THE KWONG REVOCABLE TRUST DATED JANUARY
10, 2008 AND THE NONEXEMPT MARITAL TRUST CREATED UNDER THE KWONG REVOCABLE
TRUST,DATED JANUARY 10,2008.
Notary Public,State of Texas
Notary's Name(printed):
Notary's commission expires:
NOTICE:This document affects your legal rights. Read it carefully before signing.
Warranty Deed/AT22_000159853 Page 2 of 3
COVENANTS, CONDITIONS, RIGHTS OF WAY EASEMENTS, IF ANY, AFFECTING THE HEREIN
DESCRIBED PROPERTY BUT ONLY TO THE EXTENT THE SAME ARE VALID AND SUBSISTING.
Grantor, for the consideration and subject to the Reservations from Conveyance and Exceptions to
Conveyance and Warranty,grants,sells,and conveys to Grantee the property,together with all and singular
the rights and appurtenances thereto in any wise belonging,to have and hold it to Grantee,Grantee's heirs,
executors, administrators, successors, or assigns forever. Grantor hereby binds Grantor and Grantor's
heirs,executors,administrators,and successors to warrant and forever defend all and singular the property
to Grantee and Grantee's heirs,executors,administrators,successors and assigns, against every person
whomsoever lawfully claiming or to claim the same or any part thereof,except as to the Reservations from
Conveyance and Exceptions to Conveyance and Warranty,when the claim Is by,through,or under Grantor,
but not otherwise.
When the context requires,singular nouns and pronouns include the plural.
EUGEN WONG,TRUSTEE OF THE EUGENE
KWO E EMPTTRUST FDd�,THE KWONG 2008
GRA 0 R U T 15 D8
ROBERT KWONG,TRUSTEE OF THE ROBE
KWONG EXEMPT TRUST UNDER THE KWO 2 08
GRANTOR TRUST DATED AUGUST 15,2008
MARSHALL KWONG,TRUSTEE OF THE MARSHALL
KWONG EXEMPT TRUST UNDER THE KWONG 2008
GRANTOR TRUST DATED AUGUST 15,2008
JENNIE KWONG,TRUSTEE OF THE EXEMPT
MARITAL TRUST CREATED UNDER THE KWONG
REVOCABLE TRUST DATED JANUARY 10,2008 AND
THE NONEXEMPT MARITAL TRUST CREATED
UNDER THE KWONG REVOCABLE TRUST,DATED
JANUARY 10,2008
ACCEPTED AND AGREED TO:
CITY OF FORT WORTH,A MUNICIPAL
CORPORATION
BY:
(Acknowledgment)
THE STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on the day of by
EUGENE KWONG,TRUSTEE OF THE EUGENE KWONG EXEMPT TRUST UNDER THE KWONG 2008
GRANTOR TRUST DATED AUGUST 15,2008 AND ROBERT KWONG,TRUSTEE OF THE ROBERT
KWONG EXEMPT TRUST UNDER THE KWONG 2008 GRANTOR TRUST DATED AUGUST 15,2008
AND MARSHALL KWONG, TRUSTEE OF THE MARSHALL KWONG EXEMPT TRUST UNDER THE
KWONG 2008 GRANTOR TRUST DATED AUGUST 15,2008 AND JENNIE KWONG,TRUSTEE OF THE
EXEMPT MARITAL TRUST CREATED UNDER THE KWONG REVOCABLE TRUST DATED JANUARY
10, 2008 AND THE NONEXEMPT MARITAL TRUST CREATED UNDER THE KWONG REVOCABLE
TRUST,DATED JANUARY 10,2008.
Notary Public,State of Texas
Notary's Name(printed):
Notary's commission expires:
NOTICE:This document affects your legal rights. Read it carefully before signing.
Warranty Deed/AT22_000159853 Page 2 of 3
COVENANTS, CONDITIONS, RIGHTS OF WAY EASEMENTS, IF ANY, AFFECTING THE HEREIN
DESCRIBED PROPERTY BUT ONLY TO THE EXTENT THE SAME ARE VALID AND SUBSISTING.
Grantor, for the consideration and subject to the Reservations from Conveyance and Exceptions to
Conveyance and Warranty,grants,sells,and conveys to Grantee the property,together with all and singular
the rights and appurtenances thereto in any wise belonging,to have and hold it to Grantee,Grantee's heirs,
executors, administrators, successors, or assigns forever. Grantor hereby binds Grantor and Grantor's
heirs,executors,administrators,and successors to warrant and forever defend all and singular the property
to Grantee and Grantee's heirs,executors,administrators,successors and assigns, against every person
whomsoever lawfully claiming or to claim the same or any part thereof,except as to the Reservations from
Conveyance and Exceptions to Conveyance and Warranty,when the claim is by,through,or under Grantor,
but not otherwise.
When the context requires,singular nouns and pronouns include the plural.
EUGENE KWONG,TRUSTEE OF THE EUGENE
KWONG EXEMPT TRUST UNDER THE KWONG 2008
GRANTOR TRUST DATED AUGUST 15,2008
ROBERT KWONG,TRUSTEE OF THE ROBERT
KWONG EXEMPT TRUST UNDER THE KWONG 2008
GRANTOR TRUST DATED AUGUST 15,2008
MARSHALL KWONG,TRUSTEE OF THE MARSHALL
KWONG EXEMPT TRUST UNDER THE KWONG 2008
G , OR TRUST DATED AUGUST 15,2008
JEN l IRWONG,TR STEE OF TH XEMPT
MAR L TRUST CREATED UND THE KWONG
REVOCABLE TRUST DATED JAN RY 10,2008 AND
THE NONEXEMPT MARITAL TRUST CREATED
UNDER THE KWONG REVOCABLE TRUST,DATED
JANUARY 10,2008
ACCEPTED AND AGREED TO: %TATF or NFW yotq K
COUNTY OF KINGS .
CITY OF FORT WORTH,A MUNICIPAL
CORPORATION SIGNED BEFORF MF 0A
' ItiU
BY:
KA L P. SONI
Notary Public, State of New York
(Acknowledgment) No. 01 S06089949
Oualified in Kings County
THE STATE OF TEXAS Commission Expires March 31 2015
COUNTY OF
This instrument was acknowledged before me on the day of by
EUGENE KWONG,TRUSTEE OF THE EUGENE KWONG EXEMPT TRUST UNDER THE KWONG 2008
GRANTOR TRUST DATED AUGUST 15,2008 AND ROBERT KWONG,TRUSTEE OF THE ROBERT
KWONG EXEMPT TRUST UNDER THE KWONG 2008 GRANTOR TRUST DATED AUGUST 15,2008
AND MARSHALL KWONG, TRUSTEE OF THE MARSHALL KWONG EXEMPT TRUST UNDER THE
KWONG 2008 GRANTOR TRUST DATED AUGUST 15,2008 AND JENNIE KWONG,TRUSTEE OF THE
EXEMPT MARITAL TRUST CREATED UNDER THE KWONG REVOCABLE TRUST DATED JANUARY
10, 2008 AND THE NONEXEMPT MARITAL TRUST CREATED UNDER THE KWONG REVOCABLE
TRUST,DATED JANUARY 10,2008.
Notary Public,State of Texas
Notary's Name(printed):
Notary's commission expires:
NOTICE:This document affects your legal rights. Read it carefully before signing.
Warranty Deed I AT22_000159853 Page 2 of 3
AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF:
CITY OF FORT WORTH,A MUNICIPAL BEADLES,NEWMAN&LAWLER
CORPORATION A PROFESSIONAL CORPORATION
1000 THROCKMORTON ATTORNEYS AT LAW
FORT WORTH,TEXAS 76102 FOR T W WORN STREET,SUITE
FORORTH,TEXAS 76107-6-6
812
i
Warranty Deed/AT22_000159853 Page 3 of 3
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California,
County of San Bernardino,
On May 13, 2014,before me, Alex E. Avelar,Notary Public,personally appeared
Eugene Lawrence Kwong and Marshall Frederick Kwong, who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) }4/are subscribed to the
within instrument and acknowledged to me that V/0e/they executed the same in
hkk'herr/their authorized capacity(ies), and that by V/Ver/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
ALEX E.AVELAR
WITNESS my hand and official seal. commission#2049399
z•`m Notary Public-California D
San Bernardino County
M Comm.Ex Tres Dec 17,2017
C
Signature of Notary Public
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or Description of attached document)
(Title or description of the attached document continued)
Number of Pages Document Date
Additional Information
CAPACITY CLAIMED BY SIGNER
ACKNOWLEDGMENT
State of California
County of Ventura )
On �st (�014 before me, h
(insert name and title of the icer)
personally appeared "
who proved to me on the basis of satisfactory vidence to be the person(V whose name("tare
subscribed to the within instrument and acknowled ed to me that/4be/{{h,Xy executed the same in
is *r/thpr authorized capacity(*s), and that by /lest/tl*ir sign turek on the instrument the
person(, or the entity upon behalf of which the p son(7 ,acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct. GIA LARAE ALLEN
Commission#2053156
Notary Public-California
WITNESS my hand and official seal. Ventura County
Comm.E res Dec,23,2017 y
IK/U� Seal
Signature
(Seal)
GF Number: ALDAL18-AT0000047859 Commitment Number: AT0000047859
LEGAL DESCRIPTION
Legal description of the land:
TRACT 1
Being a 3.2342 acre tract of land located in the City of Fort Worth, Tarrant County, Texas, said 3.2342 acre tract of land
being all of Lot 1-R, Block 10, Highland Homes Addition, being an Addition to the City of Fort Worth, Tarrant County,
Texas, according to the plat thereof recorded in Volume 388423, Page 146, Plat Records, Tarrant County, Texas
(P.R.T.C.T.), said 3.2342 acre tract also being all of Lot B, Block 10, Highland Homes Addition, being an addition to the
City of Fort Worth, Tarrant County, Texas, according to the plat thereat recorded in Volume 388-46, Page 825,
P.R.T.C.T., said 3.2362 acre tract of land also being all of those certain tracts of land conveyed to Jennie Kwong, et al,
by deeds as recorded in Tarrant County Clerk's Instrument No.'s D209267416 and D210102638, Official Public Record,
Tarrant County, Texas, said 3.2362 acre tract being more particularly described by metes and bounds as follows:
Beginning at a 1/2 inch iron rod found at the northeast property corner of said Lot 1-R, same being at the intersection of
the south right-of-way line of Chapel Avenue (being a 50 feet wide right-of-way at this point) and the west right-of-way
line Joyce Drive (being a 60 feet wide right-of-way at this point);
Thence South 000 08' 21" East, along the east property line of said Lot 1-R and along the said west right-of-way line, at
242.00 passing the southeast property corner of the said Lot 1-R, same being the northeast property corner of said Lot B,
continuing in all 510.84 feet to a Mag Nail set in asphalt at a southeast property corner of the said Lot B the northerly end
of a corner clip located at the intersection of the said west right-of-way line and the north right-of-way line of Ruby Place
(being a 60 feet wide right-of-way at this point);
Thence South 24° 25' 33"West, along the said corner clip, a distance of 67.30 feet to a 1/2 inch iron rod with a cap
stamped "ESFA 429-7560"found at the most southerly southeast property corner of said Lot B, same being at the
southerly end of the said corner clip, and being on the said north right-of-way line of Ruby Place;
Thence South 89° 51' 39"West, along the south property line of said Lot B and along the said north right-of-way line, a
distance 172.11 feet(172.77 -Called) to a 1/2 inch iron rod with cap stamped "Spooner&Associates" set at the
southwest property corner of said Lot B, same being at the southeast property corner of Lot A, of the said Highland
Homes Addition (Volume 388-46, Page 825);
Thence North 000 08'21"West, along the common property line of said Lots A& B, at a distance of 330.20 passing the
northwest property corner of said Lot B, same being the most southerly southwest property corner at said Lot 1-R, and
continuing along a southwest property line of said Lot 1-R and along the east property line of said Lot A, in all a total
distance of 363.54 feet(363.2- Called)to a 1/2 inch iron rod with cap stamped (7560)found at an interior ell property
corner of said Lot 1-R, same being at the northeast property corner at said Lot A;
Thence South 89° 51' 39"West, along a south property line of said Lot 1-R and along the north property line of said Lot
A, a distance of 159.84 feet(160.06 -Called) to a 1/2 inch iron rod with a cap stamped "Spooner&Associates"set at the
most westerly southwest property corner of said Lot 1-R, same being the northwest property corner of said Lot A, and
being on the east right-of-way line of Marquita Drive (being a 60 feet wide right-of-way at this point);
Thence North 00° 08'21"West, along a west property line of said Lot 1-R and along the said east right-of-way line, a
distance of 49.35 feet(49.00 feet-Called)to a 1/2 inch iron rod found at a northwest property corner of said Lot 1-R,
same being the southwest property corner of Lot 2, Block 10, Highland Homes Addition, being an Addition to the City of
Fort Worth, Tarrant County"Texas, according to the plat thereof recorded in Volume 1943, Page 1, P.R.T.C.T.;
Thence departing said east right-of-way line and along the common property fines of said Lot 1-R and said Lot 2 the
following courses and distances:
South 860 28' 34" East(South 86'37'21" East-Called) a distance of 180.44 feet(180.25 -Called)to a 1/2 inch iron rod
found;
FORM T-7:Commitment for Title Insurance
(Schedule A)
GF Number: ALDAL18-AT0000047859 Commitment Number: AT0000047859
North 00° 08' 21"West a distance of 71.64 feet(71.25-Called) to a 1/2 inch iron rod with cap stamped "Spooner&
Associates" set;
North 830 17'21"West a distance of 181.20 feet to a 1/2 inch iron rod found at a southwest property corner of said Lot
1-R, same being the northwest property corner of said Lot 2, and being on the said east right-of-way line of Marquita
Drive;
Thence North 00° 08' 21"West, along a west property line of said Lot 1-R and along the said east right-of-way line, a
distance of 120.64 feet(121.0-Called) to a 1/2 inch iron rod with a cap stamped "Spooner&Associates"set at the
northwest property corner of said Lot 1-R, same being at the intersection of the said east right-of-way line of Marquita
Drive and the said south right-of-way one of Chapel Avenue;
Thence South 83° 17' 21" East, along the north property line of said Lot 1-R and along the said south right-of-way line, a
distance of 362.35 feet(361.65 feet-Called) to the point of beginning.
Th Being a 3.2342 acre tract of land located in the City of Fort Worth, Tarrant County, Texas, said 3.2342 acre tract of
land being all of Lot 1-R, Block 10, Highland Homes Addition, being an Addition to the City of Fort Worth, Tarrant County,
Texas, according to the plat thereof recorded in Volume 388423, Page 146, Plat Records, Tarrant County, Texas
(P.R.T.C.T.), said 3.2342 acre tract also being all of Lot B, Block 10, Highland Homes Addition, being an addition to the
City of Fort Worth, Tarrant County, Texas, according to the plat thereat recorded in Volume 388-46, Page 825,
P.R.T.C.T., said 3.2362 acre tract of land also being all of those certain tracts of land conveyed to Jennie Kwong, et al,
by deeds as recorded in Tarrant County Clerk's Instrument No.'s D209267416 and D210102638, Official Public Record,
Tarrant County, Texas, said 3.2362 acre tract being more particularly described by metes and bounds as follows:
Beginning at a 1/2 inch iron rod found at the northeast property corner of said Lot 1-R, same being at the intersection of
the south right-of-way line of Chapel Avenue (being a 50 feet wide right-of-way at this point) and the west right-of-way
line Joyce Drive (being a 60 feet wide right-of-way at this point);
Thence South 000 08' 21" East, along the east property line of said Lot 1-R and along the said west right-of-way line, at
242.00 passing the southeast property corner of the said Lot 1-R, same being the northeast property corner of said Lot B,
continuing in all 510.84 feet to a Mag Nail set in asphalt at a southeast property corner of the said Lot B the northerly end
of a corner clip located at the intersection of the said west right-of-way line and the north right-of-way line of Ruby Place
(being a 60 feet wide right-of-way at this point);
Thence South 240 2633"West, along the said corner clip, a distance of 67.30 feet to a 1/2 inch iron rod with a cap
stamped "ESFA 429-7560"found at the most southerly southeast property corner of said Lot B, same being at the
southerly end of the said corner clip, and being on the said north right-of-way line of Ruby Place;
Thence South 890 51' 39"West, along the south property line of said Lot B and along the said north right-of-way line, a
distance 172.11 feet(172.77 -Called) to a 1/2 inch iron rod with cap stamped "Spooner&Associates" set at the
southwest property corner of said Lot B, same being at the southeast property corner of Lot A, of the said Highland
Homes Addition (Volume 388-46, Page 825);
Thence North 000 08' 21"West, along the common property line of said Lots A& B, at a distance of 330.20 passing the
northwest property corner of said Lot B, same being the most southerly southwest property corner at said Lot 1-R, and
continuing along a southwest property line of said Lot 1-R and along the east property line of said Lot A, in all a total
distance of 363.54 feet(363.2-Called)to a 1/2 inch iron rod with cap stamped (7560)found at an interior ell property
corner of said Lot 1-R, same being at the northeast property corner at said Lot A;
Thence South 89° 51' 39"West, along a south property line of said Lot 1-R and along the north property line of said Lot
A, a distance of 159.84 feet(160.06-Called)to a 1/2 inch iron rod with a cap stamped"Spooner&Associates" set at the
most westerly southwest property corner of said Lot 1-R, same being the northwest property corner of said Lot A, and
being on the east right-of-way line of Marquita Drive (being a 60 feet wide right-of-way at this point);
Thence North 000 08'21"West, along a west property line of said Lot 1-R and along the said east right-of-way line, a
distance of 49.35 feet(49.00 feet-Called)to a 1/2 inch iron rod found at a northwest property corner of said Lot 1-R,
same being the southwest property corner of Lot 2, Block 10, Highland Homes Addition, being an Addition to the City of
FORM T-7:Commitment for Title Insurance
(Schedule A)
GF Number: ALDAL18-AT0000047859 Commitment Number: AT0000047859
Fort Worth, Tarrant County"Texas, according to the plat thereof recorded in Volume 1943, Page 1, P.R.T.C.T.;
Thence departing said east right-of-way line and along the common property fines of said Lot 1-R and said Lot 2 the
following courses and distances:
South 86° 28' 34" East(South 86°37'21" East-Called) a distance of 180.44 feet(180.25 -Called)to a 1/2 inch iron rod
found;
North 00° 08'21"West a distance of 71.64 feet(71.25 -Called)to a 1/2 inch iron rod with cap stamped "Spooner&
Associates" set;
North 830 17'21"West a distance of 181.20 feet to a 1/2 inch iron rod found at a southwest property corner of said Lot
1-R, same being the northwest property corner of said Lot 2, and being on the said east right-of-way line of Marquita
Drive;
Thence North 00° 08'21"West, along a west property line of said Lot 1-R and along the said east right-of-way line, a
distance of 120.64 feet(121.0 -Called) to a 1/2 inch iron rod with a cap stamped "Spooner&Associates" set at the
northwest property corner of said Lot 1-R, same being at the intersection of the said east right-of-way line of Marquita
Drive and the said south right-of-way one of Chapel Avenue;
Thence South 83° 17' 21" East, along the north property line of said Lot 1-R and along the said south right-of-way line, a
distance of 362.35 feet(361.65 feet-Called)to the point of beginning.
The hereinabove described tract of land contains 3.2342 acres (140,881 square feet) of land, more or less.
NOTE: COMPANY DOES NOT REPRESENT THAT THE ABOVE ACREAGE AND/OR SQUARE FOOTAGE
CALCULATIONS ARE CORRECT.
TRACT 2
Part of Block 11, Highland Homes Addition to the City of Fort Worth, Tarrant County, Texas, according to plat recorded in
Volume 1943, Page 1, Deed Records of Tarrant County, Texas, being more particularly described as:
Situated in the City of Fort Worth, Tarrant County, Texas and being a tract or parcel of land out of Block 11, Highland
Homes Addition to the City of Fort Worth, Tarrant County, Texas, and described by metes and bounds as follows:
Beginning at a point in the west line of said Block 11, said point being 424.00 feet South of the Northwest corner of said
Block 11 and being in the East line of Joyce Drive;
Thence South with the East line of Joyce Drive and the West line of Block 11 a distance of 100.00 feet to the point of
intersection of the East line of Joyce Drive and the West line of State Highway 183;
Thence North 23 degrees 24 minutes 45 seconds East and the west line of State Highway 183 a distance of 108.97 feet;
Thence West a distance of 43.30 feet to the Point of Beginning and containing 2,165 square feet and being the same
property conveyed to Gateway National Bank in deed recorded in Volume 4035, Page 541, Plat Records, Tarrant
County, Texas.
FORM T-7:Commitment for Title Insurance
(Schedule A)
Erxchange: Authorized Users Only Page 1 of 1
Document Receipt Information
Reference Number. ALDAL 18-AT0000047859-Warranty Deed
Instrument Number: D214107214
No of Pages: it
Recorded Date: 5/27/2014 9:40:48 AM
County: Tarrant
Volume:
Page:
Recording Fee: 1$56.00
https://www.erxchange.com/UlNiewReceipt.aspx?DocumentId=8615099 5/27/2014
Official site of the City of Fort Worth,Texas
left FORT WORTH
COUNCIL ACTION: Approved on 3/4/2014
DATE: 3/4/2014 REFERENCE NO.: **C-26688 LOG NAME: 35ACQUIREBOA
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of a Contract of Sale with Trustees Under the Kwong 2008 Grantor
Trust and the Kwong Revocable Trust for the Purchase of 3530-3532 Joyce Drive,
Including Two Structures and the Associated Land of 3.290 Acres, for an Amount Not to
Exceed $1,275,000.00 for the Purpose of Housing the Fort Worth Police Department's
West Division Patrol Function and Pay Closing Costs in the Amount of$7,700.00
(COUNCIL DISTRICT 3)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a contract of sale with trustees of
various trusts created under two parent trusts, the Kwong 2008 Grantor Trust and the Kwong
Revocable Trust, for the purchase of the former Bank of America property located at 3530-3532
Joyce Drive, including two structures and the associated land of 3.290 acres, in the amount of
$1,275,000.00 for the purpose of housing the Fort Worth Police Department's West Division Patrol
function, and pay closing costs in the amount of$7,700.00.
DISCUSSION:
The Fort Worth Police Department's West Division currently uses three facilities to conduct
operations within its boundaries. The Headquarters facility located at 3525 Marquita Street
(Marquita), houses 57 Staff, and is a City owned facility. West Division Patrol operates from a leased
facility at 5320 Trail Lake Drive, houses 150 Staff and is located outside the boundary of the West
Division. A leased storefront facility located at Mall Circle in Ridgmar Mall provides permanent office
space for four Neighborhood Police Officers, as well as a base radio station location to support the
Citizen On Patrol (COPS) program, and a meeting space for other officers and citizens.
The Marquita facility has been a city owned police facility for over 20 years. Originally designed to
house the patrol function, a large portion of the space was reallocated to the investigation section
when that function was later decentralized. Currently twenty investigative personnel share an open
space of 50 feet by 30 feet, share desks and no additional Staff can be added. Additionally, Marquita
also houses neighborhood police officers, divisional administration, a Code Blue Coordinator, a Crime
Prevention Specialist and a Zero Tolerance team. Parking at the facility is very limited.
As detective staffing in the Marquita facility increased and the Neighborhood Policing model was
implemented, other facilities were sought for the remaining West Division functions. In 2005, the
current Trail Lake building was leased to house a Neighborhood Policing District, and later included
all of the West Division Patrol function. This is a strip style shopping center and parking spaces are
shared among all tenants. With the large number of patrol vehicles and personal vehicles, parking
has been an issue throughout the life of the lease. Additionally, the lease at this facility has expired
and the current arrangement is month-to-month. The current landlord is looking for development
opportunities and would prefer to demolish the facility and redevelop the property. There are no
contingencies in place should the landlord exercise the option to ask the Fort Worth Police
Department to vacate the premises.
Current annual lease costs are $53,220.00 for the patrol facility and $8,400.00 for the Green Oaks
Boulevard storefront.
The former Bank of America property, located approximately 1,000 feet north of the West Division
Headquarters building and currently vacant, is now privately owned and offered for sale by the
owners, who are trustees under various trusts created by two parent trusts, the Kwong 2008 Grantor
Trust and the Kwong Revocable Trust (collectively, the Owner). The City and Owner, working
through Venture Commercial, have been in negotiations throughout 2013 on a sales price, and in
November, 2013 settled on an agreed upon price of$1,275,000. Staff considers this a fair and
reasonable price for this property. Closing costs are estimated at $7,700.00. Renovation costs are
roughly estimated at $1,500,000.00 and are expected to be requested in Fiscal Year 2015 from Asset
Forfeiture Funds, Crime Control and Prevention District Funds or a combination of both.
The current headquarters building and the new facility would then house all the West Division
functions, Headquarters, Patrol and the Storefront and both existing leases would be terminated.
This facility is located in COUNCIL DISTRICT 3, Mapsco 73R.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above
recommendation, funds will be available in the current operating budget of the Crime Control and
Prevention District Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
GR79 538070 0359827 $1,282,700.00
Submitted for City Manager's Office by: Charles Daniels (6199)
Originating Department Head: Jeffrey W. Halstead (4231)
Additional Information Contact: Joe Komisarz (4289)
ATTACHMENTS
3530 Joyce Drive.pdf