HomeMy WebLinkAboutContract 25909 CITY SECRETARY
CONTRACT NO. 42?
AGREEMENT FOR DONATION OF PARKLAND
THIS AGREEMENT FOR DONATION OF PARKLAND ("Agreement") is made
and entered into as of the day of �� , 2000, by and between Gary J. Baker
and Deborra L. Baker (collectively, "Baker") anA the City of Fort Worth, Texas ("City").
WHEREAS, Baker is the owner and developer of The Ranch at Eagle Mountain Two;
WHEREAS, Baker has developed Lot 46, Block G of The Ranch at Eagle Mountain
Two (the "Property") for use as a park and has constructed improvements including sidewalks, a
lake, a well, and a gazebo;
WHEREAS, Baker wishes to donate the Property, together with all improvements
thereon, to City for use as a public park;
WHEREAS, City is in the process of assessing the condition of the Property;
WHEREAS, Baker is in the processing of obtaining a title policy for the Property;
WHEREAS, City anticipates that its assessment of the Property can be completed and a
title policy obtained within 60 days;
WHEREAS, Baker and City agree that Baker will execute a special warranty deed
conveying the Property to City and City will hold the special warranty deed pending completion
of the assessment of the Property and issuance of a title policy, but no later than July 21, 2000;
WHEREAS, on or before July 21, 2000, City will accept donation of the Property by
filing the special warranty deed in the Tarrant County Real Property Records or terminate the
transaction by returning the originally executed special warranty deed to Baker;
WHEREAS, Baker and City agree that Baker will retain title to the Property and will
continue to maintain the Property unless and until the City accepts donation of the Property by
filing the special warranty deed in the Tarrant County Real Property Records;
NOW, THEREFORE, in consideration of the mutual promises described herein, Baker
and City agree as follows:
1. Execution of Special Warranty Deed: Baker agrees to execute a special warranty deed
("deed") in the form attached hereto as Exhibit "A" to convey the following property (the
"Property") and all improvements thereon to City:
Lot 46, Block G, The Ranch at Eagle Mountain Two, according to plat
recorded in Cabinet A, Slide 5408, Tarrant County Plat Records.
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2. Use of Property: The Property and all improvements thereon are intended to be used for
a public park unless the use is changed in accordance with law.
3. Due Diligence Period: City will assess the condition of the Property, including
conducting an environmental assessment, on or before July 21, 2000. Baker agrees that
City may have access to the Property during reasonable business hours to facilitate
assessment of the Property.
4. Title Policy: Baker will obtain an owner's title insurance policy satisfactory to City at
Baker's expense.
5. Acceptance or Rejection of Donation of Property: City will hold the executed deed to the
Property, pending resolution of all issues concerning the Property to the City's
satisfaction, but no later than July 21, 2000. On or before July 21, 2000, City will accept
donation of the Property by filing the deed in the Tarrant County Real Property Records
or will reject the Property and return the original deed to Baker.
6. Consideration: Baker agrees to execute this Agreement and deliver the deed to City in
consideration of City's payment to Baker of the sum of $100.00 and other good and
valuable consideration, receipt of which is hereby acknowledged. Baker is entitled to
retain such payment without regard to whether the City accepts donation of the Property.
7. Compliance with Park Dedication Requirements: Baker agrees to comply with City park
dedication requirements in connection with any subdivision plat that has not been
considered by the Plan Commission as of the effective date of this Agreement. Baker
acknowledges that donation of the Property shall not be credited toward compliance with
City park dedication requirements for any future subdivision plats.
8. Review and Execution: The undersigned warrant that they have thoroughly reviewed this
Agreement with their independent counsel; that they fully understand the terms and the
consequences of this Agreement, that they sign it as their free act and deed, and that that
no promise or inducement has been offered except as set forth herein. The undersigned
further acknowledge that this agreement is the result of negotiations and discussions
among the undersigned, so that any rule of construing ambiguities against the drafter
shall have no force and effect.
2 FUR
9. Governing LawNenue: This Agreement shall be governed by and construed in
accordance with the laws of the State of Texas, as it is applied to contracts made and
to be wholly performed within the State of Texas without regard to any choice of
law rules or principles to the contrary. The undersigned hereby agree that venue of
any action under this Agreement shall be exclusively in Tarrant County, Texas and
that this Agreement is performable in Tarrant County, Texas.
Signed this day of 12000.
Gary J. Baker
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Deborra L. Baker
CITY OF FORT WOR;'rev)T�By:
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Printed Name:
Title: ASSS - `>tm4
APP AS TO Mid AND, ILJGALITY:
Aswb@6 * Cite oraey
ATTESTED BY
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Exhibit"A"
SPECIAL WARRANTY DEED
STATE OF TEXAS §
COUNTIES OF TARRANT §
WHEREAS, Gary J. Baker and Deborra L. Baker("Grantor") for and in consideration of
Ten Dollars ($10.00) and other valuable consideration paid to them by the City of Fort Worth, a
home-rule municipal corporation of Tarrant County, Texas ("Grantee"), whose mailing address
is 1000 Throckmorton Street, Fort Worth, Texas 76102, the receipt and sufficiency of which is
hereby acknowledged, grant, convey, and dedicate in fee to Grantee, its successors and assigns,
all those certain lots, tracts or parcels of land lying in Fort Worth, Tarrant County, Texas, and all
improvements thereon being described as follows:
Lot 46, Block G, The Ranch at Eagle Mountain Two, according to plat recorded
in Cabinet A, Slide 5408, Tarrant County Plat Records ("Property")
TO HAVE AND TO HOLD the Property together with, all and singular, the rights and
appurtenances thereto in anywise belonging unto the said City of Fort Worth, its successors and
assigns forever. Grantor hereby binds themselves, their heirs, executors, administrators, and
assigns, to warrant and forever defend, all and singular, the Property unto the City of Fort Worth,
its successors and assigns, against every person whomsoever lawfully claiming or to claim the
same or any part thereof by, through, or under Grantor but not otherwise.
The Property and the improvements thereon shall be used only for a public park, unless
the use is changed in accordance with law.
IN WITNESS WHEREOF, this instrument is executed on the day of
32000.
Gary J. Baker
Deborra L. Baker
r tiR� �;�•
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned a Notary Public in and for said State, on this day
personally appeared Gary J. Baker, known to me to be the person whose name is subscribed to
the foregoing instrument and acknowledged to me that he executed the same for the purposes
and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
) 2000.
Notary Public in and for the State of Texas
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned a Notary Public in and for said State, on this day
personally appeared Deborra L. Baker, known to me to be the person whose name is subscribed
to the foregoing instrument and acknowledged to me that she executed the same for the purposes
and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
, 2000.
Notary Public in and for the State of Texas
After filing, return to:
City of Fort Worth
Department of Law
1000 Throckmorton
Fort Worth, Tx. 76102
Attn: Marcella Olson
ity of Fort Worth, Texas
4Vaijor And Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
5/23/00 L-12806 80BAKE 1 of 2
SUBJECT AUTHORIZE THE CITY MANAGER TO EXECUTE AN AGREEMENT CONDITIONALLY
ACCEPTING THE DONATION OF PROPERTY WITHIN THE RANCH AT EAGLE
MOUNTAIN TWO FROM GARY J. BAKER AND DEBORRA L. BAKER FOR A PUBLIC
PARK
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an Agreement for
Donation of Parkland (Agreement) conditionally accepting a donation of approximately 7 acres of land
and improvements from Gary J. Baker and Deborra L. Baker for use as a public park.
DISCUSSION:
Gary J. Baker and Deborra L. Baker (collectively, Baker) are the owners and developers of The Ranch
at Eagle Mountain Two, which is located near Eagle Mountain Lake in the area formerly known as the
Tarrant County Municipal Utility District No. 1. The area was annexed by the City on January 4, 2000.
Baker has developed Lot 46, Block G of The Ranch at Eagle Mountain Two (the Property), consisting of
approximately 7 acres, for use as a park and has constructed improvements including sidewalks, a
lake, a well and a gazebo. Baker wishes to donate the Property to the City of Fort Worth, together with
all improvements. The City intends to use the Property and improvements for a public park, unless the
use is changed in accordance with law.
The City is in the process of assessing the condition of the Property. Baker is in the process of
obtaining a title policy for the Property, the premium for which will be paid by Baker. The attached
Agreement provides for Baker to execute a special warranty deed to the Property in the form attached
to the Agreement and for the City to hold the deed for a maximum period of 60 days. During the 60-day
period, the City will conduct an environmental assessment and any other investigations the City
considers to be advisable, and Baker will obtain a title policy for the Property at Baker's expense. The
City will pay $100.00 to Baker in consideration of Baker's agreement to execute the Agreement and the
deed.
Upon resolution of all issues relating to the Property to the City's satisfaction, but no later than July 21,
2000, the City will accept the donation of the Property by filing the deed in the Tarrant County Real
Property Records. If any issues relating to the Property are not resolved to the City's satisfaction by
July 21, 2000, the City will return the original deed to Baker and Baker will retain ownership of the
Property. Baker will continue to maintain the Property pending the City's acceptance of ownership of
the Property.
The Parks and Community Services Department estimates that the annual operating and maintenance
cost for this property is $5,381.50.
This property is located in COUNCIL DISTRICT 7.
City of Fort Worth, Texas
"aljor And Council Communication
--1
DATE REFERENCE NUMBER LOG NAME PAGE
5/23/00 L-12806 80BAKE 2 of 2
SUBJECT AUTHORIZE THE CITY MANAGER TO EXECUTE AN AGREEMENT CONDITIONALLY
ACCEPTING THE DONATION OF PROPERTY WITHIN THE RANCH AT EAGLE
MOUNTAIN TWO FROM GARY J. BAKER AND DEBORRA L. BAKER FOR A PUBLIC
PARK
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the donation of this land will have no material effect on City funds.
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Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to) APPROVED
Mike Groomer 6140 CITY COUNCt
Originating Department Head:
MAY q P000
Richard Zavala 5704 (from)
Additional Information Contact: City
`bio Secr Fortwry e
Richard Zavala 5704