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Contract 30890
CITY SECRETAJJ'y CONTRACT NO COUNTY OF TARRANT S'T'ATE OF TEXAS OPTION TO PURCHASE ANIS PUR.CTWE AGREEMENT TI4IS OPTION to Purchase ("Option") dated���,� `'� 2004 is between. no City of Part Forth, a borne rule municipality, ["Sell '�j, no ' g tb-r ugA. Ottits duly autliorized assistant City Manager and � " k� Marc("Purchaser."). W1L REAS Seller is the owner of property within 5000 feet of Lake Worth; and W REAS Section 272-001 of the Texas Local Government Codes, Subsection (h), provides that a municipality vft a population of 575,000 or less and owning land within 5,0414 feet of the shoreline of a lake may sell the land to the person leasing the land for the fair market value of the land without the solicitation of bid% and WIUREAS Purchaser- leases property frim Seller, such Pmpeit, mare pottioularly described on Exhibit"A", attached hereto and incorporated herein by reference (`'the Property"); and Vvrf REALS, Purchaser desires to purchase the Property from Seller and desires to obtain a.n uptior.L to purchase the Property; and WHEREAS the City Council of the City of Fort Worth has adapted a p®licy iD which the property surrounding Labe Worth can only be sold when it is connected to the City of Fort Worth water or sewer system or when it is connected to a municipal water or sevver system., and WHEREAS, it is anticipated that it may false up to 10 yeah for the Property to be coy nezted to the City of Fort Worth water or sewer system. NOW THEREFORE,the parties agree as follows: i. Grant of Option OPTION TO PURCHASE AND FLTiC1E1AS1i� AGREEMENT Page 1 of 26 Fobruary 3,2004 For the consideration expressed in Paragraph 4 of this Contract, Seller hereby grants Purchaser, its successors and assigns the exclusive right to purchase the Property subject to the terms set forth in this Agreement. 2. Term/Termination A. So long as this Option Agreement is not terminated under Section 2.B., this Option shall expire on October 31, 2013, or one year after Purchaser receives a "Sewer Connection Notice" as defined in Paragraph 6, or one year after Purchaser gives a "Purchaser's Notice" as defined in Paragraph 6, whichever is sooner. IF PURCHASER DOES NOT RECEIVE A SEWER CONNECTION NOTICE AND HAS NOT GIVEN SELLER A PURCHASER'S NOTICE BY MAY 31, 2013, PURCHASER MUST EXERCISE HIS OPTION TO PURCHASE THE PROPERTY BY JUNE 30, 2013. IF PURCHASER FAILS TO PURCHASE THE PROPERTY BY JUNE 30, 2013, THIS OPTION SHALL AUTOMATICALLY TERMINATE AND PURCHASER SHALL NOT HAVE ANY RECOURSE AGAINST SELLER AND PURCHASER SHALL NOT BE ENTITLED TO ANY DAMAGES AGAINST SELLER. IF PURCHASER RECEIVES A SEWER CONNECTION NOTICE OR GIVES SELLER A PURCHASER'S NOTICE, PURCHASER MUST SATISFY ALL OF THE CONDITIONS SET FORTH IN PARAGRAPH 3 AND COMPLETE THE PURCHASE OF THE PROPERTY WITHIN ONE YEAR OF RECEIVING THE SEWER CONNECTION NOTICE OR GIVING PURCHASER'S NOTICE. IF PURCHASER FAILS TO SATISFY ALL OF THE CONDITIONS IN PARAGRAPH 3 AND FAILS TO COMPLETE THE PURCHASE OF THE PROPERTY WITHIN ONE YEAR OF RECEIVING THE SEWER CONNECTION NOTICE OR GIVING PURCHASER'S NOTICE, THIS OPTION SHALL AUTOMATICALLY TERMINATE AND PURCHASER SHALL NOT HAVE ANY RECOURSE AGAINST SELLER AND PURCHASER SHALL NOT BE ENTITLED TO ANY DAMAGES AGAINST SELLER. B. If the Purchaser's Lease on the Property is terminated as provided under the terms of the Lease Agreement, this Option shall automatically terminate and the Option Fee shall not be refunded. If this Option is terminated under this section, Purchaser shall OPTION TO PURCHASE AND PURCHASE AGREEMENT Page 2 of 26 February 3,2004 not have any recourse against Seller and Purchaser shall not be entitled to any damages against Seller. 3. Conditions Necessary to Exercise A. If Purchaser receives a Sewer Connection Notice or gives Purchaser's Notice prior to September 30, 2013 and desires to exercise Purchaser's option to purahase the Praperty, Purchaser must satisfy all the fallowing conditions; (1) if the system available for connection is a City of Fort Worth Sewer System or Seller sends a "Sewer Design Notice" to Purchaser, a Tap Fee and Impact Fee associated with connecting the Property to the City of Fort Worth Sewer System must be paid in full. The actual arnount of the Tap Fee and the Impact Fee will tie the amount set and approved by the Fort Worth City Council at the time the Option is exercised; (2) the Property must he connected to either the City of Fort Worth water system, car the City of boat Worth sewer system, a municipal water system or a municipal sewer. System; (3) ail taxes on the Property are current and nol In a delinquent status, (4) all payments or money due to the City of Fort Worth trust be current and not in a delinquent status, "payments" and "money €life" includes, but is not limited to Iease payments, garbage fees and gator and sewer fees; (5) all the liens on the Property seouring any indebtedness to Seller must be paid and released, (6) the Property has been platted by the Cit; of Fort Worth since 1990 and Purchaser has accepted the description of th.e Property as shoe on the most recent recorded plat filed by the City of Fort Worth; and (7) the Property is not served by a septic tank or a drainage field off the Prope*. B. In order to exercise Purcl aser's Option to purchase the Property, Purchaser must satisfy or be in compliance with the conditions set furtl_i in Paragraph 3 A above within one. yeah of receiving a Sewer Connection Notice from Seller or sending a Purchaser Notiee-.to Sell�,z� d OPTION TO PURCHASE A14'A PURCHASE AGRERMENT Page 3 of"26 February 3,2004 4. Option Fee In consideration of the granting of this Option, Purchaser shall pay Seller five hundred dollars within ninety days from the date this Option is sent to Purchaser by certified mail. The failure of Purchaser to pay the option fee by the date designated shall cause this agreement to immediately terminate. 5. Purchase Price of the Property A. In consideration of the payment of the option fee, in order to purchase the Property, the Purchase price shall be the fair market value of the Property as determined by an independent appraiser B. The year 2000 is the base year to determine the fair market value. The valuation from 2001 through 2013 shall increase at a compounded rate of 2% per year as shown on Exhibit`B". C. Fair market value of the Property for the base year as determined by an independent appraiser is as follows: Any land above the 601' contour line will be sold for $.65 per square foot. Any land below the 601' contour line and above the 594' contour line will be sold for $.35 per square foot. The contour lines will be based upon a plat filed by the City of Fort Worth as recorded in the Tarrant County Deed Records. D. The Option fee will be credited towards the purchase price. 6. Sewer Connection A. Seller shall give Purchaser written notice of its intent ("Sewer Design Notice") to begin the design of the sewer system that will serve the Property. In such Sewer Design Notice, Seller shall give Purchaser the opportunity to meet with the City of Fort Worth staff to review the location where the sewer system connection will be located. OPTION TO PURCHASE AND PURCHASE AGREEMENT Page 4 of 26 February 3,2004 B. Once the Property can he connected to the City of Fort Worth gar municipal sever system, Seller shall send Purchaser written notice ("Sewer Connection Notice") specifying that it is the Sewer Connection Notice provided for in this agreernmt, the date of such notice and that the City of Fart Worth or municipal sewer system is available for Purchascr's connection. C. Oncc the property can be or is connected to a City of Fort Worth water system, a municipal water systam or to a municipd newer system supplied by a municipality ether than the City of Fort Worth, Purchaser may send Seller written notice (Purchaser's Notice), specifying that it is the Purchaser's Notice provided for in this agreement, the date of such notice, the water or sewer system that the property is or can be connected to, aiid the municipalit , provi-ding the water or sewer system that is mailable for Purchaser's connection or to which Puuchastr had previously connected. If Purchaser's septic system incorporates a septic tank or drainage field that is neat located on the Property=, Purchaser cannot send Seller a Purchaser's Notice unless the property is connected to a City of Fant. Wortlh or municipal sewer system. D. Sewer conn tion will be made to tither a gravity city sewer(Type 1&2) or a low- pressure city sewer (Type 3) as shown on Exhibit "D". Type 1&2 gravity connections will. be provided at the property line by the City. Purchaser will be responsible for installation of all plumbing from the house to the tap at the property line and ,abandonment of existing septic tanks in accordance with the City plumbing c codc. Type 3 sewer connections to a low-pressure system will be provided to the print of the grinder pump installation. The City will maintain the grinder primp and all plumbing between the Binder pomp and the City main as part of the City sewer system. The Purchaser agrees to grant the City ori easernent in order to maintain die Grinder Put-np system. Purchaser agrees to pay an additional fee for the maintenance of Clic Grinder Pump after the 5-year factory warrar►ty on grinder pump expires. The Purchaser n►ust install the necessary electrical connection, and plumbing from the hDuse to the grander pump location ("Purchaser Improvements") concurrent with the grinder pump installation by the City. Within 180 days of the grinder plunp being installed, Purchaser she]1 abandc+n the existing septic tank(s). The grinder pump will not be installed until the Purchaser Improvements have beery completed and approved by the City of Fort Worth. All private plurnt ingfelectrical improvements must meet applicable City of Fort Worth codes. The Seller will pay for the grinder pump and the installation of the grinder primp if Purchaser snakes all of Purchaser Improvements within one year of the Sewer OPTION TO PURCHASE AND PURCHASE AGREEMENT Pace s of 26 February 3,2{x04 Connection Notice. PURCHASER ACKNOWLEDGES AND AGREES THAT IF THE PURCHASER DOES NOT MAKE THE PRIVATE IMPROVEMENTS WITHIN ONE YEAR OF THE SEWER CONNECTION NOTICE, THE SELLER SHALL NOT PAY FOR THE GRINDER PUMP OR PAY FOR THE INSTALLATION. E. Purchaser shall connect the Property to the sewer system and abandon all septic systems on the property within one year of receiving the Sewer Connection Notice. All costs of the installation and connection to the sewer system and the abandonment of the septic system shall be paid by Purchaser as outlined above in section 61). 7. Closing A. The closing of this transaction shall take place at the offices of a Title Company in Tarrant County at the earlier of. 1. Within one year of the date in which Seller sends the Sewer Connection Notice to Purchaser and Purchaser has satisfied all of the conditions set forth in Paragraph 3. In order to close, Purchaser must have satisfied all of the conditions set forth in Paragraph 3 "Conditions Necessary to Exercise" within one year of the Sewer Connection Notice being sent by Seller to Purchaser; or 2. Within one year of the date in which Purchaser sends Purchaser's Notice to Seller and Purchaser has satisfied all of the conditions set forth in Paragraph 3. In order to close, Purchaser must have satisfied all of the conditions set forth in Paragraph 3 "Conditions Necessary to Exercise" within one year of the Purchaser's Notice being sent by Purchaser to Seller; or 3. By October 31, 2013 if Seller does not send a Sewer Connection Notice to Purchaser by September 30, 2013 and Purchaser does not send a Purchaser's Notice to Seller prior to September 30, 2013 B. The Title Company will be selected by Purchaser. OPTION TO PURCHASE AND PURCHASE AGREEMENT Page 6 of 26 February 3,2004 C_ At Closing e following s1W] occur, each of which shall be a concurrent condition to the Closing: 1. Seller shall deliver to Purchaser a duly executed and acknowledged deed Lu a form sufficient to wavey title to the Property to Purchaser, and the deed shall include an avigation easement and an easement for Parchaser's use of the lake, in the farm attached hereto as Exhibit"C"', 1 Purchaser shall pay to Seller the Purchase Price by cashier cheep or wire transfer to a. bank account of which Seller has notified Purchase at Ieast twenty-four fours prior to closing; and 3- Purchaser shall pay to Seller the Tap and Impact Pees required under Paragraph 3 and associated with connecting the Property to the City of Fort Worth Sewer System by cashier cheek or wire transfer to a bank account. of Which Seller has notified Purchaser at least tweaty-four hours prier to closing. 8. Costs All closing cysts, costs for a title policy and any ether cast accrued or charged relating to the closing of this transaction shall be paid by Purchaser. 9. Termination A. If Purchaser fails to satisfy the conditions necessary to exercise the Option and exercise this Option.Agreement within the time frame specified in this agreement, then the Option and the rights contained in this Agreement shall automatically and immcdiately terminate without notice to Purchaser- Purchaser acknowledges and agrees that Seller will execute and record such documents as it deems necessary to demonstrate such termination of this Agreement B. If Purchaser fails to accept Seller's plat as requked in Section 3(6), then the Option and the rights contained in this Agreement shall automatically and immediately (erminate, Purchaser acknowledges and agrees that Seller will rocor-d such documents as it deems necessary to demonstrate such terminat on of this Agreement OPTION TO PURCHASE AND PURCHASE AGREEMENT � Ipage 7 4f 26 February 3,201)4 C. In the event that a taking or condemnation of the Leased Premises is sought by the City of Fort Worth and/or the Texas Department of Transportation, in whole or in part, this Option shall immediately terminate and the option fee will be refunded. D. So long as Purchaser's Lease is not terminated under the provisions of the Lease, Seller acknowledges that Purchaser's lease shall continue in full force and effect for the term of the Lease, and that the terms and provision of this Option do not modify, amend or in any manner affect the Lease or terms thereof. Purchaser acknowledges and agrees that in the event this Option terminates, Seller shall have the right to sell the Property, subject to all terms and provision of Purchaser's Lease, in any manner allowed under law. 10. Assignment of Option A. Purchaser may assign the Option and its rights under this Option Agreement on the condition that: 1. Assignee assumes all of the Purchaser's obligations under this Agreement in writing; 2. The Assignment is in conjunction with an Assignment of the Lease Agreement covering the property; and 3. The Assignment of the Lease Agreement is in accordance with the procedure and requirements provided in the Lease Agreement. B. Any assignment that does not satisfy all of the above conditions is null and void. 11. Notices Unless otherwise provided herein, any notice, tender or delivery to be given hereunder by either party to the other may be effected by personal delivery in writing or by certified mail, postage prepaid, return receipt requested, and shall be deemed received as of actual receipt. Mailed notices shall be addressed as set forth below, but each party may change his or her address by written notice in accordance with this Paragraph: OPTION TO PURCHASE AND PURCHASE AGREEMENT Page 8 of 26 February 3,2004 to Sellers; Citi: of Fort Wortl-i Real Property 927 Taylor Fort Worth, Texas 76102 with a copy to: City of Fort Worth City AMR-ney's Office 1440 Throclunoiton Fort Worth, Texas 76142 to Purchasers: a/(/I� U Ad I DeITITI'Ll;0- pttyl it Lo ,`41,, . Yo-5 . tag- e)3 12. Entire Agreement This Agreement contains the entire agreement between the parties relating to the Option herein ,granted and the sales agreement. Any oral representation or modification conceniing this Option and sales agreement shall he of no force and effect, excepting a subsequent modification in writing, signed by the parties. This agreement is separate from and does not modify the lease agreement. 13, Binding Effect This option granted herein shall bind and inure to the benefit of all the respective heirs, personal representatives, successors, and assigns of the parties hereto. 1.4. No Representations or Warranties OPTION TO PURCHASE AND PURCHASE Af REEMENT Page 9 or26 Febroa ry 3,2004 NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT OR IN ANY EXHIBIT ATTACHED HERETO, IT IS UNDERSTOOD AND AGREED THAT THE PROPERTY IS BEING SOLD AND CONVEYED HEREUNDER "AS IS" WITH ANY AND ALL FAULTS AND LATENT AND PATENT DEFECTS AND WITHOUT ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY BY SELLER EXCEPT AS EXPRESSLY SET FORTH HEREIN. SELLER HAS NOT MADE AND DOES NOT MAKE AND HEREBY SPECIFICALLY DISCLAIMS (EXCEPT AS EXPRESSLY SET FORTH HEREIN) ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR CHARACTER WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROPERTY (OTHER THAN SELLER'S SPECIAL WARRANTY OF TITLE CONTAINED IN THE WARRANTY DEED TO BE DELIVERED AT CLOSING), ITS CONDITION (INCLUDING WITHOUT LIMITATION ANY REPRESENTATION OR WARRANTY REGARDING QUALITY OF CONSTRUCTION, STATE OF REPAIR, WORKMANSHIP, MERCHANTABILITY, SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE), ITS COMPLIANCE WITH ENVIRONMENTAL LAWS OR OTHER LAWS, AVAILABILITY OF ACCESS, INGRESS OR EGRESS, INCOME TO BE DERIVED THERE FROM OR EXPENSES TO BE INCURRED WITH RESPECT THERETO, THE OBLIGATIONS, RESPONSIBILITIES OR LIABILITIES OF THE OWNER THEREOF, OR ANY OTHER MATTER OR THING RELATING TO OR AFFECTING THE PROPERTY AND SELLER HEREBY DISCLAIMS AND RENOUNCES ANY OTHER REPRESENTATION OR WARRANTY. PURCHASER ACKNOWLEDGES AND AGREES THAT PURCHASER IS ENTERING INTO THIS AGREEMENT WITHOUT RELYING (EXCEPT AS EXPRESSLY SET FORTH HEREIN OR IN ANY EXHIBIT ATTACHED .HERETO) UPON ANY SUCH REPRESENTATION, WARRANTY, STATEMENT OR OTHER ASSERTION, ORAL OR WRITTEN, MADE BY SELLER OR ANY REPRESENTATIVE OF SELLER OR ANY OTHER PERSON ACTING OR PURPORTING TO ACT FOR OR ON BEHALF OF SELLER WITH RESPECT TO THE PROPERTY BUT RATHER IS RELYING UPON ITS OWN EXAMINATION AND INSPECTION OF THE PROPERTY. PURCHASER HEREBY RELEASES AND FOREVER DISCHARGES SELLER FROM ANY AND ALL LIABILITY TO PURCHASER FOR CLAIMS, LOSSES, DAMAGES, COSTS, OR EXPENSES OF ANY KIND OR CHARACTER ARISING OUT OF OR RESULTING FROM CONDITIONS EXISTING ON THE PROPERTY PRIOR TO CLOSING. PURCHASER REPRESENTS THAT IT IS A KNOWLEDGEABLE PURCHASER OF REAL ESTATE AND THAT IT IS RELYING SOLELY ON ITS OWN EXPERTISE AND THAT OF ITS CONSULTANTS IN PURCHASING THE OPTION TO PURCHASE AND PURCHASE AGREEMENT Page 10 of 26 February 3,2004 PROPERTY. THE TERMS AND CONDITIONS OF THIS PARAGRAPH SHALL EXPRESSLY SURVIVE THE CLOSING, SHALL NOT MERGE WITH THE PROVISIONS OF ANY CLOSING DOCUMENT AND SHALL RE INCORPORATED INTO THE SPECIAL WARRANTY DEED TO BE DELIVERED BY SELLER AT CLOSING. PURCHASER FURTHER ACKNOWLEDGES AND AGREES THAT TRE PROVISIONS OF THIS FARAGRARH WERE A MATERIAL FACTOR IN THE DETERNUNATION OF THE PURCHASE PRICE FOR THE PROPERTY. 15e Paragraph Headings The paragraph headings contained in this Agreement are for convenience only and shall in no way onluge or limit the scope or m=ing of the various and several paragraphs hereof. lb. Survival The parties agree that the duties and obligation contained in Paragraph 6 "Sewer Connection" and Paragraph 14 "No Repmsentations or Warranties" shall survive the Closing of this Transaction. 17. Date of this Agreement The phrase "Effective Date" used Herein shall mean the last date on which both Seller and Purchaser have executed this Agreement, 18. Venue and Governing Law If any action, whether real or asserted, at lave or in equity, arises on the basis of any provision of this Option on the Property, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Cotut for the Northern District of Texas, Fort Wca-th Divisicrt. This Option shall he construed in accordance whit tbe, laws of the State of Texas_ OPTJON TO PURCHASE AND PURCHASE AGREEMENT Page 11 of26 February 3,2004 19. Gender and Number Within this Agreement, words of any gender shall be held and construed to include any other gender, and words in the singular number shall be held and construed to include the plural and words in the plural number shall be held and construed to include the singular, unless the context otherwise requires. 20. Severability-Termination Upon a determination that any provision of this Agreement is unenforceable or invalid or upon any determination that the application of any provision of this Agreement to any person or circumstance is illegal or unenforceable, the Parties agree that this Agreement shall automatically terminate and neither party shall be liable to the other party for any claims or damages caused or resulting from the termination, however Seller agrees to return the Option Fee paid by Purchaser to Purchaser upon termination under this section. 21. Counterparts This Agreement may be executed in any number of counterparts with the same effect as if all parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. 22. Force Majeure Not withstanding any provision to the contrary above, should Purchaser be unable to comply with any express or implied covenant of this Option, with any term or deadline to perform, with any requirement to give a notice or pay any amount of money due hereunder, after an effort made in good faith by Purchaser, for any cause beyond the reasonable control of Purchaser, the closing date shall be extended 180 days and Purchaser shall not be liable for damages for such non compliance or non payment, except that in any instance the obligation to pay rentals under the existing lease shall continue under the terms and conditions provided OPTION TO PURCHASE AND PURCHASE AGREEMENT Page 12 of 26 February 3,2004 therein and all ahli,gatians shA continue under said lease as provided therrcin. IN NO EVENT SHALL THE CLOSING DATE BE EXTENDED PAST 180 DAYS, EXCEPT WITH THE APPROVAL OF THE CITY COUNCIL. IN WITNESS WHERECF,this Agreement is executed as of Lbe Effective Date. SELLER: PURCHASER: CITY OF FORT WORT14 Pi�ri ed Name 1 � ki Pt 1 As Stant City anager Hate: .G" Date, Printed Name Date: �. OPTION TO PURCHASE AND PURCHASE AGREEMENT February 3, 2004 APPROVED AS TO p'0IW_ Assistant City Attorney ATTEST.- Contract T EST. Contract the rizatiom Date City Secretary ACKNOVY-LEDGMENT STATE OF TEXAS � COUNTY OF TARRANT § On this - L day of 1`�. s�x� _ 2004, the before undersigned, a Notary Public, duly commissioned, qualified and acting within and for the said County and State, appeared in person the within named Marc A. Ott to me personally AS known, who stated that he was an AssistanT &TWager for t ie City of Fart Worth, Texas, and was duly authorized in 1-ds respective capacity to execute the, foregoing instrument and acknowledged that he had so signed, executed and delivered said instrument for the consideral.tion, uses and purposes therein mentioned and set forth. IN TESTIMONY WIEREOF, I have her unto set my hand and official seal this < day of .�' � , 2014. d.+4y h w NETTTE LANE M4yCCMMtS�oI(J14 EXP IRI� a Nola y Public e } .cul �6 Y .2007 Painted Name of Notary: My Commission Expires: UPTIUN TO PURCHASE AND PURCHASE AGREE NT Pagi 14"Of 26 February 3,2404 I - ACKNOWLEDGMENT STATE OF TFXAS COUNTY OF TARR-ANT �. BEFORE ME, the undersigned authority, a Notary Public in and for le State of Texas, on this day p=ot ly appeared ('gam kjtn 20 __, .known to me to be the persons whose names are subschbcd tea the foregoing instr=ent, and acknowledged to me that they executed the same for the poses and consideration therein, expressed. III TESTIMONY " iEREOF, I have hereunto .set my hand and ofiFicW seal this � day of RICHARD HHMNGEL * Notary F UC STATE OP TEXAS Notq Puhlic, State f Texas of My Comm. Exp.03/03f20oe A,CKNOMTEDGM ENT STATE- OF TEXAS COUN-rV OF TAF,RANT � BEFORF, Imo, the undea-si med authority, a Notary public in and for the State of Texas, Dn tEs day personally appeared ,, fi.� -VA , know to me to be the persons whose mans are subscribed tee the foregoing instrument, and acknowledged to me that they executed the same for the purposes and consideration therein expressed. IN TP TIMC)N Y WHEREOF, I havc hereunto set my hand and official seal this �' day of 20G40 Alntary 13Uhtic * SPATE OF TEXAS , y Notary Publtc, State of Tex: My Dmi n.EXP MV0512W OPTION 7'0 PURCEASE AND PURCHASE AGREEMENT Page l54 of 26 FebrUa:T 3,2004 EXHIBIT "A" TO OPTION TO PURCHASE AND PURCHASE AGREEMENT Property Description The City will attach a copy of the most recent plat or replat that has been filed by the City since 1990 in the Tarrant County Courthouse. If the property has not been platted since 1990, the description used in the current lease will be used with the additional following language. "Seller intends to plat the Property before sale. If, at the time of platting there is a structure or any portion of a structure that is located on an adjoining leaseholder's property, the Property's boundary will be altered as to allow the adjoining leaseholder to maintain ownership of the structure. "Structure" is defined as a habitable structure, separate or affixed garage or carport, or in ground swimming pool. In addition, City may retain land for actual or planed public right-of- ways or for emergency ingress or egress easements. Purchaser hereby Waives, Releases and Holds Harmless the City of port Worth, its officers, employees and appointees from any claims, suits or damages resulting from the change of the Property's Boundary. Purchaser hereby agrees to cooperate with the Seller when the Seller is platting the Property and understands and agrees that Seller will make the final decision regarding the Property's Boundary and agrees that it will not file suit or make any claims regarding the changes to the Property's Boundary. OPTION TO PURCHASE AND PURCHASE AGREEMENT Page 16 of 26 February 3,2004 Purchaser's Initials Seller's Initials OPTION TO PURCHASE AND PURCHASE AGREEMENT Page 17 of 26 February 3,2004 EXHIBIT `B" OPTION TO PURCHASE AND PURCHASE AGREEMENT Annual Valuation Increase Year Above Below S/S.F. S/S.F. 2000 $0.65 $0.35 2001 $0.66 $0.36 2002 $0.68 $0.36 2003 $0.69 $0.37 2004 $0.70 $0.38 2005 $0.72 $0.39 2006 $0.73 $0.39 2007 $0.75 $0.40 2008 $0.76 $0.41 2009 $0.78 $0.42 2010 $0.79 $0.43 2011 $0.81 $0.44 2012 $0.82 $0.44 OPTION TO PURCHASE AND PURCHASE AGREEMENT Page 18 of 26 February 3,2004 EXHIBIT "C" TO OPTION TO PURCHASE AND PURCHASE AGREEMENT Special Warranty Deed Form EXAMPLE OF SPECIAL WARRANTY DEED STATE OF TEXAS Know All Persons by These Presents: COUNTY OF TARRANT Date: Grantor: CITY OF FORT WORTH Grantor's Mailing Address: 1000 Throckmorton Street Fort Worth, Tarrant County, Texas 76102 Grantee: Grantee's Mailing Address: Consideration:TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration. Property: Reservation from and Exceptions to Conveyance and Warranty: An avigation easement is reserved on behalf of the public for free and unobstructed passage of aircraft over the subject property in the navigable airspace above the minimum altitudes of flight prescribed by federal regulations, including airspace needed to ensure safety in the takeoff and landing of aircraft. Grantee hereby releases the Grantor, its officers, agents and employees from any and all claims and liability resulting from the noise, vibration, fumes, dust fuel, electromagnetic interference and lubricant particles and all other effects, whether such claims are for injury or death to person or persons or damages to or taking of property, arising out of or in connection with the use of this easement, when such use is in compliance with the regulations and guidelines of the Federal OPTION TO PURCHASE AND PURCHASE AGREEMENT Page 19 of 26 February 3,2004 Aviation Administration, successor agency, or other governmental authority with jurisdiction over the matter. For Grantor and Grantor's, successors and assigns forever, a reservation of all oil, gas, and other minerals in and under and that may be produced from the Property. 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 and Grantor's successor or assigns shall have any right to enter the Property in accordance with adopted City Ordinances governing gas and oil exploration and development. This conveyance is further subject to all restrictions, reservations, easements, prescriptions, right of way, maintenance or similar charges and any liens securing the payment thereof, declarations, covenants and conditions of record, if any, only to the extent they are presently in effect. Grantee acknowledges that Grantor has not made and does not make any representations as to the physical condition, or any other matter affecting or related to the property (other than warranties of title as provided and limited herein). Grantee expressly agrees that, to the maximum extent permitted by law, the property is conveyed "AS IS" and "WITH ALL FAULTS", and Grantor expressly disclaims, and Grantee acknowledges and accepts that Grantor has disclaimed, any and all representations, warranties or guaranties, of any kind, oral or written, express or implied (except as to title as hereafter provided and limited) concerning the property including without limitation the value, condition, merchantability, habitability, marketability, profitability, suitability or fitness for a particular use or purpose, of the property. Grantor expressly reserves out of the property conveyed in this instrument a perpetual flowage easement including the right to inundate, flood and overflow all of the property as shown on the recorded plat. Grantor shall not be liable for any damages resulting from the reasonable use of this easement. Further, Grantee shall not construct any structures and/or improvements beyond the established lake front property line, unless specifically permitted in the following paragraph. Any and all such permitted structures and/or improvements which extend into the flowage easement shall be constructed at a minimum finished floor elevation level of six hundred and one (601)feet. There is expressly granted unto Grantee an easement without warranty expressed or implied over the lands of the Grantor and the waters of Lake Worth, as they may be located from time to time, for water recreational purposes, for the purpose of ingress and egress to and from Lake Worth, and for the construction, maintenance and use of piers, docks and boat houses including the storage of boats, on the following described water and lands: OPTION TO PURCHASE AND PURCHASE AGREEMENT Page 20 of 26 February 3,2004 A) the lands enclosed cin one side by the Lakefront property line of Cnantee, on a. second side by the waters of Lake 'Worth, and on a third and fourth side by two lines, each beginning at opposite ends of Grantee's lakefront property Iine, and each being a projection of the side Iat limes of each lot as shown 'ort the Plat. (I'Iereinafker referred to as the "Access Easement".) (See Typical Fater Use acid }access Easement Exhibit A, attached. hereto.); S) the waters of Lake North, except that such use shall be uonexclusive except for such piers and docks constntcted thereon; G) the land lying under the waters of Lake Worth that are adjacent to the access easement, lying between two lines, each begisuiing at opposite ends of Grantee's lakefront property line, and each being a projection of the: side lot lines of each lot as shown on the plat. (See Typical Nater Use and Access Easement Exhdbit A. attached hereto); D) All impro-vern-onts, piers or structures on each easement must abet the lakefront property line of the property conveyed herein and cannot extend into the waters of Lake Worth for such distance as to deny access to said waters by adjoining Iand owners. Such irnproyernents, piers €r stmcttues may extend to a. paint 100 feet £rain the lakefront property line into the waters of Lake Worth regardless sof the depth of the water at the paint, or to the point at which the elevation of the land lying ander Lake Worth is not greater than 584 feet above mean sea level, but in no instance to extend further than 150 feet froin the, lakeaont property Iine into tho waters of Lake Worth. Na construction beyond the above mentioned limits ,shall be considered vvixltout the prior written approval from the Director of Engineering for the City of Fort Worth. Variance shall be considered on a case by case basis. A TypicaI Water Use and Access Easement drawing is attached and incorporated to this Special Warranty Decd as Exhibit "A"; It is specifically understood that Grantor shall retain any and all interests in the above described water and Lands subject to such water use and access easement, and does net intend to convey any of these interests to Grantee unless specifically granted. hereto. Operation, Mainfenanee and Abandonment ofSanitarrX Sewer/ Septic.System Grantee shall be responsible for operafi4 and maintaining individual septic systems, sewer lines anal Iatorals on the property conveyed from the point of the City of Fort Wartli sewer coarmectioJI. Grantee :hall connect to public sewer service when available and Grantee shall be responsible for all applicable connection fees. Further, Grantee shall be responsible for the proper abandonment of the septic system, sewer lines and laterals. The cost of such abandonment shall be the sale responsibility of Grantee. Grantee agrees to allow Cie Grantor €cress to the lot at reasonable times for the purpose of inspecting the operation of(lie septic system to verify compliance with applicable federal and state laves and statutes as well as the charter and ordinances of the City of Fart Worth. OPTION TO PUIRCHASE AND PURCHASE AGREEMENT rage 21,of 2 February 3,2004 Grantee shall, at Grantee's expense, connect the water and sewer lines of the property to the water and sewer systems to be installed by Grantor to serve the property, when such water and sewer system is available for connection, including but not limited to paying tap fees and impact fees as required by City Ordinances. This conveyance is expressly made and accepted subject to all easements, restrictions, and other instruments properly of record. Nothing in this conveyance shall be construed as a waiver of the powers of Grantor to enact ordinances as a municipal corporation or as any reservation of the power in Grantor to vary the estates in land conveyed or reserved herein. Grantor, for the consideration and subject to the reservations from 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, and assigns forever. Grantor 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 and exceptions to conveyance and warranty, by, through and under it, but not otherwise. When the context requires, singular nouns and pronouns include the plural. IN WITNESS WHEREOF, Grantors have caused this instrument to be executed on this the day of , 20 APPROVED AS TO FORM CITY OF FORT WORTH AND LEGALITY: Assistant City Attorney Assistant City Manager GRANTEE OPTION TO PURCHASE AND PURCHASE AGREEMENT Page 22 of 26 February 3,2004 THE STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Marc A. Ott, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged tome that he executed the same as the act and deed of the City of Fort Worth, a municipal corporation of Tarrant County, Texas, for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 52003 THE STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on by GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 52003 OPTION TO PURCHASE AND PURCHASE AGREEMENT Page 23 of 26 February 3,2004 THE STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on by GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 2003 Exhibit "A" to the Special Warranty Deed Typical •Water Use and Access Easement Any structure Waters in this area I of WateImay not deny Lake Worth Use access to adjoining I Easement landowners 100' Normal t 150. �l.[axium� I Access ' Easement (Dist. Varies) Lake{ronti properly eine r� 1 Property Conveyed Public Right—of—Way of26 Refer to Paragraph V on Page 2 Exhibit "D" Option to Purchase and Purchase Agreement Typical Sewer Installation and Responsibility Separation April 25,2003 Type I Typical Installation Gravity Plumbing to Gravity Main ................................... ....... .........._.: c City Right of Way- Existing ' Property Line Plumbing Existing Septic Tank to be ( � - � abandoned by 1 1 s-i ,etpillk Customer ;,;: 1 End of City Worker i A� - Ne- n tn: i >e i Pl Istalled 1 By Customer 1 Ci Sewer��= 1 Gray➢ty.Matn . OPTION TO PURCHASE AND PURCHASE AGREEMENT Page 25 of 26 February 3,2004 Type 2 Typical Installation Pump to Gravity Main c City Right of Way- i Existing Property Line E Electrical Connection g :....° by Customer Plumbing Existing Septic f c Tank to be abandoned by �e �« '` Customer ■R ,.,. Wiring - w, 1 from / Control / 1 Panel to / w ti . x' 1 Pum New Plumbing Installed W Service Force Main by Customer 1 by Customer Cit elM1+Ie z GYity Mai'rt �End of Ci�yr Work� New Pump by Customer Type 3 Typical Installation Grinder Pump to Force Main City Right ofCustomer Provided Existing Way-Property Electrical Connection Plumbing ;, Line . Existing Septic ■ �, Tank to be abandoned by ■ ar a:. r 3� no Customer ■ �: 1 from �,� / 1■i bA, � �iGlRt[S�. ■ � 1 P�hekt� ■ 1 New Plumbing Installed ■ W Se[utCe�Fo��e� � By Customer ■ 1 a� :MdtR71 Citj+Se I SU u FocMain - �� NeW GttRdeF ` OPTION TO PURCHASE AND PURCHASE AGREEMENT Page 26 of 26 February 3,2004 City of Fort Worth, Texas lyi"Agor And Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 2/19/02 L-13249 30OPTION 1 1 of 2 SUBJECT APPROVAL OF OPTION TO PURCHASE AND PURCHASE AGREEMENT CONTRACT TO FACILITATE THE DIRECT SALE OF LAKE WORTH LEASE PROPERTY RECOMMENDATION: It is recommended that the City Council authorize the City Manager to approve the Option to Purchase and Purchase Agreement contract, with the Lessees of the Lake Worth lease properties listed on Exhibit "A" to facilitate the direct sale of eligible Lake Worth lease properties. (See attached contract and Exhibit "A") DISCUSSION: On July 15, 2001, House Bill No. 1490 was signed into law and went into effect. This amendment to the Texas Local Government Code, Section 272.001(h), allows a municipality having a population of 575,000 or less and owning land within 5,000 feet of the shoreline of a lake, without notice or the solicitation of bids, to sell the land to the persons leasing the land for the fair market value of the land. In December 2001, City staff prepared an Informal Report to the City Council (Informal Report No. 8376 attached as Exhibit "B") which provided an update on the status of the sale of lease lots, and also recommended a four-year Lease Lot Sales Plan and a Water/Sewer Infrastructure Improvement Plan around Lake Worth. This sales plan includes 268 residential properties with an estimated market value of $4.7 million. In order to facilitate the direct sale of the residential Lake Worth lease properties, it is recommended that a sales option contract be executed with the Lessees for the properties eligible for sale. The sales option will allow the existing lessees to purchase their leased properties at today's fair market value adjusted annually upward by 2% per year until sold by the City in accordance with the recommended timeline outlined in Informal Report No. 8376. The properties eligible for this contract are listed on the attached Exhibit "A". The option fee provided in the contract is $500. Due to the proximity of the Joint Reserve Base/Naval Air Station, an avigation easement will be reserved on behalf of the public and incorporated into the Special Warranty Deed used to convey these properties. Proceeds from the sale.of these City-owned Lake Worth lease properties will be deposited in a Lake Worth Infrastructure Fund Account in accordance with M&C G-12916 dated May 16, 2000. The proceeds are escrowed and designated for water and wastewater improvements within the area of the City of Fort Worth surrounding and adjoining Lake Worth. City of Tort Worth, Texas "Agar And Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 2/19/02 L-13249 1 30OPTION 2 of 2 SUBJECT APPROVAL OF OPTION TO PURCHASE AND PURCHASE AGREEMENT CONTRACT TO FACILITATE THE DIRECT SALE OF LAKE WORTH LEASE PROPERTY FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that the Engineering Department, Real Property Services Division is responsible for the collection and deposit of funds from this sale. MG:n Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) PE45 444192 0601000 Mike Groomer 6140 Originating Department Head: Douglas Rademaker 6157 (from) APPROVED 02/19/02 Additional Information Contact: Douglas Rademaker 6157 S 20`11'42' £ Unplatted CURL TABU D.E. Nor�on Surwy t ,7g'S 45'3#'E5' E01 UMBEF� RADIUS LENGTH I3ELTl�� TANGEtiT CliL1RD BEAR[f�G +-- C1 5t3.©0' 98,39' 112'44'45' 75,16' 133.27' S 139'39'13" l= � "204f"%/ �i 8768 ��y � U n� C2 50.00` 179.25' 205.2 4'09' 221.8" '37.99' S 30'34'07' EA-1174 cd I f Ui, V0\1 �_-' �ri - Z" y *,1 .0\ Unpla.ed SH a� as LINE TABLE L ——— * I #� NUMBER DIRECTION Dl TANCE Unplatted -s i V .� � I [I.6. iBYY CQIiPfi O>< Qin LI N 03'D�"51' E 4570' �p� • � y 5/80IRF � � ,�bgliil �t PLUM 41r I.MrB Y83tU1[�lix H[�. l'7 L2 S 86'97'09" E 17,35` RIGHT-OF-WAY DEDIGATIGN � �ia}+19'44"R, { D� (xis Ole THE PER TNI FWTIN�t —r r h@ 1 Cllr! VICINITY MAP ��J - � I * > Unplatted N 86157109' V N.T.S. 35,72' - s„ r U.S. ypVERNMENT � 1 •—L,An 'WDRTI-I I#+DUNDAR'Y LINE APPARENT OWNER- ��� __--- LEAS. PROPERTY � i 13 __ ` CITE` OF FORT WORTH sir ����� ��- ��_ - __ � __ __ _ I � 3a4,43,r� X S 0.113'28' w � . Y®1[�.l�gte X78, Page 20, 5!8 IRf' S flS•04'35' E P.O.B. --^. --�. — .__ .___.. ___._ _____ ._._ ___._ ..�. .._.. ._._. T� .{. ��. ?,477.96" ` 12 Deed Records, Tstrt'AsAt County, Tax* [l ., ACCOMPANYING DESCRIPTION -- . ` f0 p•�f J AND DEDICATION OF 2ND TRACT �UUNI Y Of- TfiFit ANI � 1 5' U E 13t _ '- r �l `' HSG N $9'41"132* 1+f 324.45` ' I STATE OF TX BRING C/p. (TY�P.) CD s I herebycerti that this inatrurnent was FILED on trii, %0 do N 00`18 20 E 2,477.86 FROM c, fate and t the time stamped Pharaon by era and was dtury # 1 U.S. ARILY CORPS OF ENGINEERS t rs uoriv�a�rr -RECORDED in the volume and P 80 of ft Named N 95`52'421 1= 24 S.F,+!- i batwntp�hereon t1 nae , P 135,67 i �a MARKER '� AFP 4--7 [ it Tafranl County.Texas as sla J y Onplotted FOUND IN PLACE OF Llt'B MONL T I►iQ 17 IN>Xt0 a W16128' x 1!2 IFtF F s,I",+I FOR THE SOUTHEAST CORNER OF THE Ip 15.2,6 � LTB Lupe * ,NrY ' .- D.E. NORTON SURVEY -----------� �. q�,�_ ��. COUNTY CLERK I 110 BRASS DISC IN CONC. a t 1 - TARRANTCnUNIY,TEXAS 3l)' I! EAS w Unplatted SHRELINE 140. _ pp��'axlM 594' CEWTDJR ELEVATRW,'ACE EXIST RET, WALLS N 05'42'19' � L103 Y01iT1ff�fT � 1 aiVY r'liUvlSsUrd rtt ill!N WNfCiI REsrRicr� GENERAL NOTES F} INr PP^''I:ZTY LINrr Unplatted l* IMA DW THE SALE,HENTAI OR USE OF THE ` N 03`55'.y26' W I€h1 Coxa. FOU20 Tn OFESC CI'ki� REAL HOPERTYBECAI M Uftplatted s.6,9cr LAKE `l� AANTNANCE: FLOODPL41 D W ►►TE ; i13 The existing creek, stream` river, or drainage channel GENERAL NOTE Loontinued) CI �F Ff�.�T D �NUR�AL P�flL SURFACE 594,0' A.M.S.L., CITY DATA} WO§9 traversing along or across portions of this addition, will - ` '�" TY WORTH wi.T3 YOH remain unobstructed at all times and will be maintained by the >fralumAs 9A31, Passe A67B, ISEE BUxLDING PERbIIT NATE} LI l A0 UTILITY EASEMENTS IN BRA lro�m Individual let owners whose iota are traversed will riot adJacent Any public franchised utility, including t°ae City of Fort Worth, shalt have Deed Records", Tarrant County, Texas DISC to, isle dralraagaways. The City of Fort Werth wail r!ot be the right to move and keep moved al or part of any bullding, fence, ti27'u' E reaponslble for the maintenance, erosion control, and/or trap, shrub, other growth or im rovemnt which in an w endangers +837'U operation of said drainag�swaya. Property Owners shall keep or Interferes with the construction, mcntenance or efficiency of he GENERAL NOTES ES (continued) GENERAL N+nr��+ the adJacent dralnageways traversing their property dears and respective systems on any of the elements shown on the plat, GENERD NOTES (continued) free of debris, silt or other substances which would result In and they shall have the right at all tries to ingress and egress upon unsanitary condltlone, and the City shall have the right of entry said easements for tha purpose of oastruction, rvconstruction, PUBLIC OPEN SPACE EASEMENT (P.O.S.E.) for the purpose of inspecting the maintenance worm by the Inspection, patroiiing, maintaining andadding to or removing all No structure, object, or plant material of any kind may obstruct AGATICN EASEMENT owners, The drainageways are Occasionally subject or port of Its respective systema withut the nwassity at any time a rnotoriet's vision, within any portion of a P.O.S,F. shown on this to storm water overflow and/or bank erosion that cannot Of procuring the permission of anyon+ plat, beginning 2 ft. (24ubove the f the curb to a height The properties shown on this plat, In their entirety, are subject to an Avigatlon Easement The City of Fart Worth shall not be liable for a be dahereby dedicated to the public, for figs and unobstructed passage of aircraft through the DIGITI finad, any � of i 1 ft. above said curb, excxpt as elsewhere allowed heroin. navigable airspace above said property, at or above the minimum altltudea of flight �� p� LTD Yp�y� damages resulting from the occurrence of these phenomena, nix (3F ENTRY FnR UBLIC PURPOSES obstructions shall include, but are not limited to, buildings, prescribed federal ulatlons, and specifically g pace needed to ensure MGM [�114VIA ss ng p tel+ resp peaificaf Including the airs N.T,S. �� >�I1101d1eA7 the fallure of any structure(s) within the dralnagewoys. The draln-- The City of Fort Worth, being the own• of Lake Worth, which abutte this Platy hereby fences, wails, signs, banners, structures, safe In the takeoff. I g #tees shrubs, motor vehicles, safety anding, arrival or departurres of aircraft, to an indefinite height, YM 40#066.90 ageway crossing each lot is contained within the floodplain retains the right of entry by its duly Jthorized agents or assigns for public purposes easement line as shown on the plat.. Purchasers of property shown hereon release the City of Fart Werth, its officers, agents, including, but not limited to SurveyfngCods Enforcement, and Environmental Monitoring statuary and other similar objects, On non-residential zoned lots, and Claanu , and other u employe", p p purposes n+ecxsory for the management of Lake Worth, a single pole sign of not greater than 1 ft. (121 In diameter may and all other parties, from any and all claims and liability resulting from the err �+ rr �+ without necessity at any tuna procurir the permisslon of anyone. be allowed within a P.O.S.F. easemen r mdcd a vartIc J b noise, vibration, fumes, dust, fuel, electromagnetic iraterfarence, and lubricant particles SPECIFIC NOTE-S-- (continued)- 1�na SITE DRAINAGE �tdand all other offee�.s, whether such claim is for Injury or death to person or persgne arclearance of 11 ,. ie ma+ntalnad between the adJacent finished ground damages to or taking of propertay, arising out of or in connection with the use of this A site drainage study, shaving conformance with the approved of the pc!e t tie Vndcreide of the sign. easement, when such use Is In accordance with the regulations and guidelines of the This Property is not currently tonnec`:ed to, or served by a municipal sewer system, roadway drainage plan, may be required before stay building FLOODPLAIN RES'TRIC7'lNS permit is issued on this site. (a grading plan in sortie 'instances ?tile construc•tian shall be allowed withi the floodFederal Aviation Administration, successor agency, or governmental authority with Jurisdlction and is less than one acre net -bvve the inundation easement, and excluslva of any plain easement, may be adequate.} If the site class not conform, then a drainage without the written approval of the [?ictor of Trnnaportatiaver the matter. droinogn ecasoments, tnensioro, under State Lew and City of Fort Worth Ordinances,on NOTE: buyer is protaibited from conetructing any new additional structures or remodeling may be required, along with a CFA for any necxsaary and Public Works, in order to eecunapprovol, satisfactory No septic systems will be allowed on lots lase than 1 acre (net). New septic systems drainage improvement The currant garner shall submit a letter engineering studies and/or detailed adneering improvement plans current y o Other improvements will conform to cent Cltf Fort Worth criteria. that will require that an enlargement or additional drainage hold and/or septic tank to the Department of Transportation and Public Works Director shall be prepared and submitted by t; vEarty(s) wishing to construct that cannot be Installed an the p ru p`a rty' This notice w]#i remain In effect until said stating awareness: that a Site Drainage Study will be required within the floodplain. Where canstnuc#Io is Permitted, assuming uWmate ©TE: property ie served by, and connected to a public sanitary sewer system, or additional property is obtained to meat tragi one+ acro requirement. before a development conditions. all finished ftrr elevations shall be q minimum Any bu#lding permit or replat far addition of structure or improvement that w€il Increlse try patrols is come. The current Owner will inform of 2ft. (2fGOO above the 100-year fl4t lain water elevation, or 1ft. sewer discharge to require septic tank enlargement may be denied. each buyer of the carne. Y p (1 foot) above the 100 year flood-w( water surface elevation. BVILI)INGPERMITS SPECIFIC NOTES FINAL PLA T OF No bullaing pgrMh Shall be rued ft any lot in this Note 1: Finishad Floor Elevation for all lots is 601.0' above M.S.L., City Datum Lots 1 -13, 141 Subdiviei,,n until appropriate prav�s.or'J,rte made for the _ � _t ..�� can�.ra:;tri,, r Construction at/or above tt+is elevation is no guarantee that flooding will IN D 1 n of ny oonflcob,e -„for. Ower, stamp drain, not occur and granb” holds City of Fart Worth harmless. In the event flooding G.�Ire. & Lot 20, R 1 o e 32 �J street '.igtsts, eidewolke and ,paving iia ioverriente; and approvai (This does not apply to axlating, nota-compllance etructuros). ie 'QDWIria� from the City Qf FQIt wan, Data 2., Ail bu ldlno not bods liner Mail CWpiy with re4ulf8maats of the City zaning Ordinlnese INUNDATION FLOODPLAIN EASEMENT LINE Note 3; Existing structures may be located within the utility, drainage, roadway, or access LA. WORTS LEASES WATERIWAS'TEWATR IMPACT FEES easements as dedicated by this plotting, any such structures are hereby grandfathered for an addition to the Coity of Fort Worth, R.O.W./PROPERTY LINE their current use to the greatest extent possible. Substantial reconstruction, new 'she City o€ Fort Worth has ani?r�dinance implementing the assessment --_— ——-_..—-------——--— UTILITY & DRAINAGE EASEMENT LINE and collection of water and wstewater impact fees. The total amount construction, or change of use, within these easements, shall not be allowed withn these embracing a part of the D.E. Norton Survey .Abet. No. 1174 I7¢ easements, unless property vacated, and the property replotted. and a art of the Garcia Montez & Duran Sure c: Abst. No. 626 CENTERLINE OF R,l),W, assessed Ie establlehed an thefiling dote of this plot application, based P + .� upon Schedule I of the curren impact fee ordinance. '{iia amount to be Existing structures this may also be oreted within the Inundation and floodplain t eximt a as situated about 7 n2 les North S0� West from *mA'� wait dedicated by this platting, and are also hereby grandfathered, to the greatest extent —� — SURVEY LINE cullect,ed is determined under 4.hedule II of the said ordinance, and possible. Any Impromnents of any nature made within the inundation and floodpIdn the Courthouse in Fort Worth, the county seat b"Orn zA effective on the connction date a building permit €s issued easement, shall be In accordance with all applicable federal, state, and local laws, a DENOTES A 5/8' IRON R4I} WITH A REIT CAP ST"AMPEI? or the connection date to thamuniclpal water and/or wastewater system. regulations, ordlnances, and/or codes For Tarrant County, Texas. 'CITY OF FLIRT WORTH SURVEY DIVISION' SET pp y extension currently under design, FOR THE PURPOSES OF CONTINUITY, LOT NUMBERS RETAINED FROM ASR Nota �#; Water to De eu lied b the City of Fart Worth, DENOTES A 5/8 IRON ROD WITH A 2' ALUMINUM CAP NOTE: sewer by private disposal/saptle systeme.New septic systems and other Improvements STAMPED `G,F,W, will conform to current City of Fort Worth criteria, no septic systema will be allowed LAKE WORTH LEASE MAP, BLOCK 32, FILE J-175, ON FILE IN THE DEPARTMENT OF ENGIN_ERING VAULT SURVEY' SET, A Building Pe,w,it wwl be required for al!Improvernents, including, but, not limited to on lots less than 1 acre (net). Any building permit or replat for addition of structure CITY OF FART WORTH MUNICIPAL BUILDING, CITY OF FORT WORTH, TARRANT C©UNTY TEXAS 3P 0 DENOTES A 5/8' IRs" UNLESS OTHERWISE NOTED HEREON dodos, boatho„ses, lifts, retaining ,.ells, enc, [�ated upon the City owned property or knprovement that will Increase sewer discharge to require septic tank enlorgernint -- �-- commonly known as l.cke Worm, The Clt'J May 1. may be denied, LOTS 141 & 20 AS SHOWN' HEREIN Y �,u[re a Slte Plan", approved by the 0 DENOTES A LAKE WORTH BOUNDARY MONUMENT FOUND Director of the lJerart!7&-t of ErI!i eOsin�, to erasure that the enjoyment of the Lake, ARE HEREBY GENERATED BY THIS PLAT, �Ym Note 5: The temporary drainage eosomen# on Lot 7 shall become null and void upon relocating Plait pmprrrad b� Ifartbe�7d N. Yurrar, 7: Including, but, not I;m tea to cccess, viers, fishing, boming, eta., la not unduly obst-ucted the channel or construction of storm drain facilities within the platted drainage a<sement &�SL�' I�Fy�R�� Wfl�:S;fir �� � r ar restricted. wlthNt tho nac 'tr Qf roplgttlitg the proorty Qn4 g9prowl fr9m the City Suryvm C TMS COORD�TALrri ,J�a7T�i , ZONE, s xa C�vT�.+� lia1113, N.A.D. ��, _ DMANICES ARE GRom A&AsuRA&w=, SIDEWALKS Mote 6: `Current use of Lots 14-V and 14-Vi, being a portion of former I&ase sites �, � �� ,,r 40 R f (]Rj H Sidewalks are required on Doth sides of iedicated streata, in 14-8 and 14-C and an unleased area, Is primarily for a septic lateral field. BecorCfi,ilg Wormat.ion shown hereon may not 60 0 b0 120 I80 confortnance with current City Pollcy. Upon the abandonment of this use in accordance with all codes, statues or represent current ownership, Ny��'1 regulations, there will be no restriction to their highest legal use.` +,/+,��Ti/r � P� De artrnent of �uee Some Propertlau In Fart Worcs, may contcln historical structures or objects of ����8�� � � P menSurvey Division GRAPHIC SCALE I1 FEET historic algnit3cance. Check with Fortwortta preservatran officer at eta--871-east. SURVEYED (]N THE Glr�]tlNO FROM OCTOBER OF , lODO THAOtIGFI •� for informatlon ass the economic Incentives and Impllcatlons that may Impact the vT DA,F,g P-14-QJ SCAt �, �, ,,�} development or thane propeAtles MAY OF 2003 THIS PLAT .FILED IN CABINET SLIDE No. ?'0 1' DATE SHEET NO. r2 4F ,vDRTIPN $Y. 3 F1No. � ,�9 -