HomeMy WebLinkAboutContract 49453 89
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AFS $ CITY SECRETARY CV
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Q �}��p CONTRACT NO.
PURCHASE AND SALE CONTRACT
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1: his PURCHASE AND SALE CONTRACT ("Contract") is entered into by and between
` 5 9 T FACILITIES FORT WORTH,INC., a Texas non-profit corporation ("EFFW"), and the CITY OF
ORT WORTH,TEXAS, a home-rule municipality of the State of Texas, acting by and through its duly
authorized City Manager (the "C�"), to be effective as of the date ("Effective Date") of the last of
the parties to sign, as set forth below their signatures.
RECITALS
A. EFFW is a support organization to the Southwestern Exposition and Livestock Show
("SWELS"), and by extension, supports agricultural and livestock events at the Will Rogers
Memorial Center("WRMC")owned by the City.
B. The City currently needs that certain approximately 0.030 acres of property owned by
EFFW and located along the eastern frontage of Montgomery Street at the southwest corner of Trail
Drive in Fort Worth, Tarrant County, Texas, being more particularly described on Exhibit "A"
attached hereto (the "ROW Tract") to construct a dedicated turn lane at the intersection of Trail
Drive and Montgomery Street,
C. Additionally, the City currently needs a 20' x 20' electrical easement and right-of-
way located on that certain approximately 0.009 acres of property owned by EFFW and located
adjacent to the eastern frontage of Montgomery Street, being more particularly described on Exhibit
"B"attached hereto(the "Easement Tract").
D. Pursuant to the terms of that certain Exchange Contract dated as of May 21, 2014, by
and between EFFW and the City ("Exchangc Contract'), as partial consideration owed by EFFW to
the City in the amount of$397,544.00 ("Partial Consideration"), the City would receive a credit in
the amount of the Partial Consideration to be applied against a license fee to be incurred by the City
under a license agreement for the City's use of a storage facility constructed by EFFW to store dirt
for the SWELS and other livestock footing, as well as other storage purposes. However, a license
agreement was not entered into by the parties, and therefore the Partial Consideration remains
outstanding.
E. The parties desire that EFFW convey the ROW Tract to the City and grant the City
an easement on the Easement Tract to the City in exchange for a reduction to the outstanding Partial
Consideration under the Exchange Contract on the terms and conditions set forth in this Contract.
AGREEMENT
In consideration of the mutual covenants set forth in this Contract and other good and
valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as
follows:
I. Purchase and Sale, Grant of Easement.
(a) EFFW agrees to convey the ROW Tract to the City, and the City agrees to
acquire the ROW Tract, on and subject to the terms and conditions set forth in this Contract.
OFFICIAL RECORD
CITY SECRETARY
2384158_2 1
(b) EFFW agrees to grant the City a 20' x 20' electric and right-of-way easement
(the "Easement") on the Easement Tract, on and subject to the terms and conditions set forth
in this Contract.
(c) The ROW Tract shall be conveyed free and clear of all liens, claims,
easements, rights-of-way, reservations, restrictions, encroachments, tenancies, leases and any
other encumbrances ("Encumbrances"), except for the Encumbrances appearing in the Title
Commitment or Survey for the ROW Tract, that are either not objected to or that are objected
to but not cured and subsequently waived pursuant to Section 3 below ("Permitted
Encumbrances"). In no event shall any liens or other monetary encumbrances be Permitted
Encumbrances.
2. Valuation of ROW Tract and Easement Tract; Reduction in Outstanding Partial
Consideration.
(a) The City and EFFW agree that the fair market value of the ROW Tract is
$74,924.16, based upon current appraisal performed by an independent third party appraiser.
(b) The City and EFFW agree that the fair market value of the Easement Tract is
$19,743.54, based upon current appraisal performed by an independent third party appraiser.
(c) Following the acquisition of the ROW Tract by the City and the grant of the
Easement on the Easement Tract to the City pursuant to this Contract, the outstanding Partial
Consideration shall be reduced by the appraised value of the ROW Tract and the appraised
value of the Easement Tract, so that as of the CIosing Date (defined in Section 5 below) the
remaining Partial Consideration owed shall be $302,886.30, less the City's closing costs
(escrow fees and recording costs) related to the transaction contemplated by this Contract.
3, Title Commitment and Survey.
(a) Within five (5) days after the Effective Date, the City, at its sole cost and
expense, may obtain the following with respect to the ROW Tract or the Easement Tract:
(i) Owner's Commitment for Title Insurance ("Title Commitment")
issued by Republic Title Company as agent for First American Title Insurance
Company, Fort Worth, Texas 76102 ("Title Company"), which Title Commitment
shall set forth the status of the title of the ROW Tract or the Easement Tract, as
applicable, and shall show all Encumbrances and other matters, if any, relating
thereto; and
(ii) A legible copy of all documents referred to in the Title Commitment,
including but not limited to, plats, reservations, restrictions, and easements.
(b) Within five (5) days after the Effective Date, EFFW shall provide the City
with a copy of the existing survey of the ROW Tract or the Easement Tract in its possession.
The City may obtain, at its sole cost and expense a new or updated survey of the ROW Tract
or the Easement Tract (each a "Survey"; collectively the "Surveys"), as applicable, each
consisting of a plat and field notes describing the same.
2384158_2 2
If the City elects to have a new or updated Survey prepared, the legal description
from the Survey will be substituted for the legal description of the ROW Tract or the
Easement Tract contained herein, as applicable, as if the legal description for the Survey had
originally been a part of this Contract, and the City and EFFW agree to execute any other
documents reasonably required to evidence the continued validity of this Contract. The
description of the ROW Tract and the Easement Tract prepared as a part of the Surveys will
be used in all of the documents set forth in this Contract that require a description of the
same.
(c) If the Title Commitment or Survey for either the ROW Tract or the Easement
Tract discloses any Encumbrances or other matters which are not acceptable to the City, then
the City may give EFFW written notice thereof within three (3) days after receipt of the
Survey or Title Commitment and all documents referred to in the Title Commitment
specifying such party's objections ("Objections"), if any.
(d) If the City gives notice of Objections to EFFW, and EFFW does not cure the
Objections within the three (3) day period following receipt of the notice from the City
("Cure Period"), then the City may either (i) terminate this Contract by giving written notice
thereof to EFFW within three(3) days after the expiration of the Cure Period, and, upon such
termination, neither party shall have any further rights or obligations hereunder, or (ii) waive
the Objections and consummate the purchase of the property subject to the Objections, which
shall be deemed to be Permitted Encumbrances.
4. Termination Default and Remedies.
(a) If either party fails to timely perform under this Contract for any reason(other
than a permitted termination pursuant to this Contract or the other party's failure to perform
under this Contract, then the non-defaulting party shall have the right to exercise any other
right or remedy the non-defaulting party may have at law or equity by reason of such default,
including but not limited to, the recovery of attorneys' fees incurred by the non-defaulting
party in connection therewith.
(b) The City may terminate this Contract upon written notice to EFFW in the
event that the City is prohibited or rendered unable by law from performing an obligation
hereunder. In the event of termination under this Section 4(b), neither the City nor EFFW
shall have any further rights or obligations hereunder.
5. CIosing.
(a) The closing("Closing") of the conveyance and acquisition of the ROW Tract
and the grant of the Easement on the Easement Tract shall occur in the office of the Title
Company on or before August 30, 2017, unless the City and EFFW mutually agree to a later
date("Closing Date").
(b) At the Closing, all of the following concurrent conditions shall occur:
(i) EFFW, at its sole cost and expense, shall execute and deliver or cause
to be delivered to the City a Special Warranty Deed in the form attached hereto as
2384158.._2 3
Exhibit "C" conveying to the City title to the ROW Tract subject only to the
Permitted Encumbrances.
(ii) EFFW, at its sole cost and expense, shall execute and deliver or cause
to be delivered to the City an Easement Agreement in the form attached hereto as
Exhibit"D"granting the City the Easement on the.Easement Tract.
(iii) The City shall pay the premium for an Owner's Policy of Title
Insurance issued by Title Company to the City for the ROW Tract, insuring that, after
the Closing, the City is the owner of indefeasible fee simple title to the ROW Tract,
subject only to the Permitted Encumbrances.
(iv) EFFW and the City shall share equally in any escrow fees and
recording costs.
(v) The Partial Consideration shall be reduced by the appraised value of
the ROW Tract and the appraised value of the Easement Tract, so that as of the
Closing Date the remaining Partial Consideration owed shall be $302,886.30, less the
City's closing costs (escrow fees and recording costs) related to the transaction
contemplated by this Contract.
(c) Ad valorem and similar taxes and assessments relating to the ROW Tract
shall be prorated as of the Closing Date with the City being responsible for any 2017 taxes
due and payable on the ROW Tract after the Closing. EFFW shall be responsible for any
2017 taxes due and payable on the ROW Tract after the Closing Date.
(d) Upon completion of the Closing, EFFW shall deliver actual possession of the
ROW Tract to the City, and the City shall take actual possession of the ROW Tract, free and
clear of all tenancies of every kind and parties in possession.
6. Condition Precedent to Closing.
(a) Notwithstanding anything to the contrary, the following shall be conditions
precedent to the parties' obligation to close the transaction hereunder: City being satisfied in
its sole discretion with the physical condition of the ROW Tract and the Easement Tract and
the results of all Tests (as hereinafter defined) conducted thereon, including, but not limited
to the results of any environmental site assessments. City shall accept the ROW Tract and the
Easement Tract in their AS IS condition, with no warranty or representation of any kind
regarding the physical condition of the property.
(b) If the condition precedent described in Section 6(a) above is not fully
satisfied on or before ten (10) days after the Effective Date, either party may give notice
thereof to the other, on or before the end of the ten (10) day period whereupon this Contract
shall terminate, and upon the termination, neither party shall have any further rights or
obligations under this Contract.
(c) The provisions of this Section 6 shall control all other provisions of this
Contract.
2384158_2 4
7. Agents. The City and EFFW each represent and warrant to the other that it has not
engaged the services of any agent, broker, or other similar party in connection with this transaction.
Each agrees to indemnify and hold the other harmless fiom the claims of any agent, broker, or similar
party claiming by, through or under the indemnifying party.
8. Tests. Prior to Closing, the City, at the City's sole cost and risk, may go on the ROW
Tract and the Easement Tract and may make environmental inspections, surveys, test borings, soil
analyses, and other tests and surveys thereon. The above-described inspections are referred to as the
"Tests".
9. Representations of City. The City warrants and represents to EFFW, which
representations and warranties shall survive Closing regardless of what investigations EFFW may
make or have made with respect thereto, that:
(a) This Contract and all documents to be executed and delivered by the City at
Closing are and at the Closing will be: (i) duly authorized, executed, and delivered; and (ii)
legal, valid, and binding obligations of the City that do not and will not violate any provisions
of any agreement to which the City is a party or to which the City is subject.
10. Representations of EFFW. EFFW warrants and represents to the City, which
representations and warranties shall survive Closing regardless of what investigations the City may
make or have made with respect thereto, that:
(a) This Contract is (i) duly authorized, executed, and delivered; and (ii) a legal,
valid, and binding obligation of EFFW that does not and will not violate any provisions of
any agreement to which EFFW is a party or to which EFFW is subject.
(b) EFFW has and at the Closing Date will have and will convey to City good
and indefeasible fee simple title to the ROW Tract free and clear of all Encumbrances, except
for the Permitted Encumbrances.
(c) To EFFW's knowiedge, there are no "underground storage tanks" located on
the ROW Tract, as that term is defined in the Comprehensive Environmental Response,
Compensation and Liability Act of 1980,42 United States Code § 6991.
11. Miscellaneous.
(a) Any notice required or permitted shall be in writing and deemed to have been
given when hand delivered or deposited in the United States mail,certified mail, addressed to
such party at the address specified below, Any address for notice may be changed by notice
as so given.
(b) This Contract (including the attached exhibits) contains the entire agreement
between the City and EFFW regarding the ROW Tract and the Easement Tract, and no oral
statements or prior written matter not specifically incorporated herein shall be of any force
and effect. Modifications to this Contract shall not be binding unless set forth in a document
executed by each party or by a duly authorized agent or representative.
2354158_2 5
(c) 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 rights
hereunder at any time at or prior to Closing to any other person or entity without the prior
written consent of the other party.
(d) This Contract may be signed in multiple counterparts, each of which shall be
deemed an original.
(e) Time is of the essence in this Contract.
(f) Prior to Closing, risk of loss with regard to the ROW Tract shall be borne by
EFFW.
(g) This Contract shall be governed by and construed in accordance with the laws
of the State of Texas.
(h) In case any one or more of the provisions contained in this Contract is for any
reason held to be invalid, illegal, or unenforceable in any respect, the invalidity, illegality, or
unenforceability shall not affect any other provision hereof, and this Contract shall be
construed as if such invalid, illegal, or unenforceable provision had never been contained
herein.
(i) Each party and its counsel have reviewed and revised this Contract, and the
normal rule of construction that any ambiguities are to be resolved against the drafting party
shall not be employed in the interpretation of this Contract or any amendments or exhibits
hereto.
0) The captions beside the section numbers of this Contract are for reference
only and do not modify or affect this Contract. Wherever required by the context, any gender
shall include any other gender, the singular includes the plural, and the plural includes the
singular.
(k) The obligations under this Contract are performable in Tarrant County,
Texas.
(I) The parties consent that venue of any action brought under this Contract will
be in Tarrant County, Texas.
23841582 6
Executed by the parties as of the Effective Date. G�'[`� OF A'
CITY:
d
CITY OF FORT WORTH,TEXAS, v
a home-rule municipality of the State of TexasY.
T: r:
By: �?rt
Na e: s (a vli //SS� ity Secretary
Address: 1000 Throckmorton
Fort Worth, Texas, 76102
APPROVED AS TO LEGALITY AND FORM:
Date Executed:
Assistant City Attorney
EFFW:
EVENT FACILITIES FORT WORTH,INC.,
a Texas non- fit oration
Sy: k1 LI lif
Mike -oome , resident and CEO
Date Executed:---5/3d A -7
OFFICIAL REC01ti)
CITY SECRETARY
FT. WORTH, Tx
2384158_2 7
ExHISIT"A"
THE ROW TRACT
MONTCO,MERY STRH RT PAVING INIYIROVI'N117NTS
FROM 1-30 TO CANIP BOWIE
PARCU No.36
CITY PROU10'No,02,132
340I TKA1L DIUVk
1.0.1' 1,I3IDCK 3 Olt IXYl'1,111.410 K 3,,%\1) LOT I BLOCK 4,
OF'I'llls Wl11,ROGI:RS 1%1Is t40131A1.C_1 3'1 I+It
CITY OF YORT WORTH,TAIUZANT C:OUN 1'Y,°1'EXA4
1sXIIII)IT"A"
Beitig a 0.030 acre tt'.€ct of land 3it€lzitccl in tate fht nmtt �Vlri.c.SuI%,,!y, .'eiib. 1636,City of
Foot "Vorth,Tarrant County,Tex is anlf being a pOrtiOlf UI ;.,r' 1, 1ilot,k I of`°i•ut 1,Block .3; and
I.ot 1. Block 4, of The 1Vitl 10)gers lvlenitlrial Cctrtc:" as rccordrd in limmununt No,
D212116447 u1'Ihe Off cittl I',rh1w 11 ccof6:;nt"Tarr€€ll?C'non!,, t'r.x,:1 and being; ,t pc:rti:,r, crf the
remainder of,: 1,26"! ;ter:: tnicl r=f 1wid (1.1)• dt'cd), fwifirc ch-SI-Filled fro Tract Two, tleodNl to
f.iVelll l'a(:ilitirs P'fr-t kvo,•sh, I€st: a>; ft•C:mdvd in lnstwm<,r,t No. ]3202(135150 of said Of'fic€al
Public Records of Tarrant County, '1'exa.� said 0.030 acre tract of land heing more particularly
dr-%.-ribe€t as Billows;
COMMENCING al nit "X" cut in coneretc found for the northwPm comer('s1'1.01 1, Block I or
"I'vi 1, 131ouk 1 it3t>n€gnmmi C'omcr Addition", an a('dition to the City of Fort Worth,Tarrant
cou111v 'I't-r:ct5 t€a rc(;0l,dcc! ill I€tstrumct;
T]IENCF; Ni!'[1] +1 15 1 n it)-I I i..,21 ;:'I i-i ilii. F,v�;, I ti 1 ;111:nmnh liiw�of said L,.al 1, ?A
Z.
.1 i;li I \I.i11, Ilse So Lit II I: w.of 5;wi i mil I),i%c,1I c I iIaaace of 14M4 fut to a
Poull, 1I'r tlic 111W w�l 1i"ud",11 i;m,s I Collier of'said U.;:ouk-3"
THENCE !{Q(I t:.q -39 'wCowN,It': !, ,k I tl; d"'.m It 1 16 Iv
3 and%viLh tits south right-ufxiy lir!;:WI I'S t!kl I i,t I j t)I iw.a diskm.c ;.";,I k-d it)ti
5/3' ind) iron rod with cap maijij)ed `G0l(R0xNJ)0NA"set Cor the 1 11 of the
Somil it,o,,
, WIRY title of said Tr.iil ")iivc vJl1i 1:c pioposed cost 1111C of
said Nlowgc-ni,_:y Str"t,said 518 inch iron wd%vith i:1ip slampcd"60RRONDONA"
bein,f,'fic h'-gi;r1ing Ora noll-tangem a curve to 1'ik: 1,:1t having-a iadius or74.00 feet,
It Mettlial ujigle i3154degien 50 mbiules,22 3.c t klrd ,'Ind tk:hij,;c choid bmx'ioulh 50
dcgrers I I minutes 35 se onds West,a distance ol'68.15 fcm;
T1 IRNCR %Vill, The proposed CaSt Fight-OF-VOly hrit! 01'w,Iid MI)JI*Ig(1110t S*.TCCI UJI'd t%ilh z:id
cion-milgent carve to the lett, an zi% len.-rh of'i'(03 to:: to a illc)l i-011 Icd Willi
cap stampol"GORRONDONA" zcl till CIL:11','t 1:1 I,h' `021i_r lute Of SAid 1.0t, 1, Block
3.si:id Silt inch iion iod wills "(JOWU)NOONA"licing in flwwulh lino
of ;fist! -1 iact Two, ,aid 5/8 inch it-Oil Rld V,?fl' (!,I:) 'LtJillljiz`i "GORRONDONA"also
hvilq., ill 31w 1iorlh lint,III ,,lid'TM t,Block 1, %lid-Westent Additioif",from which a
112 inch iron vE:d with can sLampud "Beaslvy 405V thund for the most northerly
note hcast corret, 01 Sald 'TuA , lil,)ck 1, mialum: ocars. 5amb 89
dvUrc+II-,,, 45 riimjw27 sv.Omk' 1.11N!,�I tfisizirl.'L s+Iid 117 inch irml rod
with cap stamped"I'leasIq-1050"hunigan hv::t ivi,cll ux-rev in 11:v wtith line of-said
Lot 1,Block 3;
Tl I ENC F Noilh 89 degec, 45 nmiuw27 scmids IVct�i. r.ilh the wolh of said Lot 1,
_;]0Jc 3, with fliC S;owh li.w Of Sald Fiat'i '1'w. V.-till Ilic no.-th tine of said 'Tol 1,
131::,1, 1 � of
1, M"d-WcAt�m Mdt-ioti", and with ii-x jlop)�,,-,4 (%is,, lint'
OF BE
'L;Zid �t of I I.S2 iNA �in the I'MMNN ING,
m,jd 1.21 S f_-m m,0.030 itctc,,(PI laial,itwic of lcss.
Notes:
(1) A plul of evvit xurvey date aueompuidick:116N legal d"n illfillft.
(2) Righl-of-way marken,along ploposed right-of-way lisle tire 5yS hich (roll rod sel
with blue cap staitipcd"GORRONDONA"unlos otherwise nowd.
(3) All bearings me rel'ejeneud 14)the Texas Ccoulittiale Systcm. NAD-83,The Norilt
Central Zone 4202,all distances and sircasshown arc surfkc.
23841581 Exhibit"A"
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2384158_1 Exhibit"A"
EXHIBIT"B"
THE EASEMENT TRACT
rVIONTGOMERY STREET WAVING MIPRCIY'E VIRNTS
FRON I-30 TO CAMP 13OW11.
PARCEL No.39
ONCOR 11,UCTRIC nt<;LrVERY COMPANY
Pre,1tMAN EN1'I+;I RCTRiC R.AST-.N1KNT
CITY PROJFC:T No.02432
3498 IN A IL ROA 1)
110'11.1,J11,OCK 5 0f<T,OT 1,BLOCK 5,OF mg
W11d.1t'.U(.ERS MRMORIAL CENTF1,R"
CITY OF FORT WOR'Il'II,TARRANT COUNTY,'t EXAS
EXIIII3IT"A"
Tieing an Oncor Plectrle.Delivery C'ontpany permanent electric caaieniew sittl atecl ia) tile 11'l)oa))a)s
White Survey,Abs#ract No. 1636,City of Fort'Worth,'1'atrrattl County,Texas and being a portion
of Ikt 1, Block 5 of""Lot 1, Block 5, of the Will Rogers .Memorial Center", an addition to (tic
City of Fort Worth, Tarrant County, Texas as recorded in Instrument No. D212259325 of lite
t')Meinl Public Records of Tarrant Cotanty, Texas, and Eking at porlion of a l,049 acro tract of
lural (by Gleed) deeded to l?vent Facilities bort Worth, lite, as recorded in histrnmmnt No.
U2034.34188 of said Official Public Records of Tanant County, 'Texas, said Uncor Electric
Delivery Company pumanenl electric cascinent being more particularly desvribcd by n)cics and
bounds as follows:
COMMENCING at a I/7,,inch iron rod Pound tar(lie southwest corner of a ti-act of land deeded
to FAD Office, f,.L,C. as recorded iat lnstrutuent No. D2110791.86 of said Official Public
Records of Taai•ant. County, Texas, said 112 inch iron rod behig the most northerly xnuthwtayt
corner of Lot IR, Block I of Crcdil Union Addition, an addition to (lie City cit' Berra Worth,
Ttatunt County, Texas as recorded in Cabinet A, Slide 8827 of the Flat Records of Tamint
County, Texas, said 1/2 inch iron roof also being in the east right-of-way title of Monlgoane:ry
Street(a variable width right-of-way); TMINCf3 North 00 degrees 22 aninutes 29 seconeis Wes(,
with tl)e vest line of said PAD Office, L.L.C. tract of land and will) ilia mast right-of-way line of
sRid Montgomery Slrect, a distatacc of 43.64 fe:ct to a paint for corner; '1'HRNCH Noath 03
degrees 04 utinutes 35 seconds West, with lite west lis]c of said FAR Office, L.L.C. [rate( of land
anti with the cast righ(-or-way litre of said Montgomery Street, it distance of 56.37 feel to a point
for tits northwest corner of said FAB OfCeo, L.L.C. tract of land, said point heing the most
southerly northwest cortier of said LotlR; 7'i1LNCL Nortl) 02 degrees 51 minutes 26 seconds
Well, Witt) lite west lisle of said 1.01 lit and Willi (fie east right-of-way title ol'said Montgomery
Street, a distance of 95.13 feel to a 518 inch iron rod found f'or tate norltawe4t.corner of Bald f.e)t
lit, said 5/8 inch iron roil being the:southwest cosier of staid Lot 1,said 518 inch iron rod boia)1,
tate southwest confer of an oxisting 5' Utility Iltasranent as recorded in limtrumca)t No.
1)2122S9325 of said Official Public Records of Tarrant County, Texas, said 518 incl) iron react
also being (lie isouthwent corner of nal exialing variable width Sanitary 5o%yur lraascwcw ,as
recorded in Instaian ent No. D212259375 of said Official Public Records of 'l'.arrunt C'ounly,
1'exaas;T11r N0,3 North 89 degrees 29 minutes 40 acennds last,with the south line of said f.oi 1,
Willi the norlh ]lite of said Lot 111, with tite south line of said existing 5' 11111ity F?rasement, aaald
with (lie south line of:saki exi::ting variable width Snni#nry Sewer Fascniew, a distaatacc of 5.00
Pxhlbit A Page t of 3
2384158_1 Exhibit`B"
feel to a point for the southeast darner of said existing 5' CJtilily Basement; 't'F-iENC.13 North 01
degrees 08 minutes 20 seconds West, Willi the east litter 11f said existing 5' iltillty M18e111cnt, a
dist1r11ces Or 20.00 feet to the POINT Ole imGINNING of the herein described Oncor 1Blcctric
Dclimy Company peri anent electric casenlent;
'rFlENCE North 01 degr-ces 08 lnirtutes 20 seconds West, Witil thu cast line of said existing 5'
Utility Bilsement, a dislance of 20.00 feet 10 a point for the intersection of the cast
line of said existing 51 Utility 1lasenlenl will, [Ito not Ih Brie of said existing variable
width Sanitary Sewer basement;
THENCE North 89 degrees 20 ,lunates 33 seconds Bast, Willi the no)-th lists 01,said existing
variable Width Sanitary Sewer Basement, a dimlrnea of 20.00 feet to a poil,t for
col'lter,
THENCIP, South 01 degrees 09 minutes 20 neonds least, n distance of 20.00 feet. to �r poirl( fi)r
Corner;
TITENCE South 89 degrees 20 minutes 33 8cconds Wt:.st, a distance of 20.00 feet to the POINT
OF HEMMING, rind cows,ining 400 squirc ful Or 0.609 acres of land, 11101-e or
less.
Notes;
(!) A flat of even survey([,Ito accolttpnnies tells leg;sl clescril3tion,
(2) Ail bearings are refcrenced to the'T'exns Coordinate System, NAD-83,'file North
(entad Zone 4202,all distntlees and alcrls shown St's surface.
Survey Date,, Jnnuary 28, 2015
By: j�,,� (lslrRutc sjfrsa5v^t'ifP�t�ft
811111111 marvill Pie ora
ttCpistcrcd Professional Land Sulvcyot• 'S���F,
"l om No. 6437.
Texns F irm No. 10106903
Exhibit A Pago 2 of
23841581 Exhibit"B"
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23841581 Exhibit"B"
EXHIBIT"C"
FORM OF SPECIAL WARRANTY DEED
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 RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF TARRANT §
THAT, EVENT FACILITIES FORT WORTH, INC., a Texas non-profit corporation
(herein called "Grantor"), for and in consideration of the sum of Ten Dollars ($10.00) cash and
other consideration paid to Grantor by the CITY OF FORT WORTH, TEXAS, a home-rule
municipality of the State of Texas (herein called "Grantee"), whose mailing address is 1000
Throckmorton Street, Fort Worth, Texas 76102, the receipt and sufficiency of which are
acknowledged, has GRANTED, BARGAINED, SOLD AND CONVEYED, and by these
presents does GRANT, BARGAIN, SELL AND CONVEY unto Grantee all that certain real
property situated in Tarrant County, Texas, more particularly described on Exhibit "A" attached
hereto and made a part hereof for all purposes, and all improvements thereon (the"Property").
Grantor
Grantor reserves for itself and its successors, legal representatives and assigns, all of
Grantor's interest in and to all oil, gas and other minerals in, on and under, and that may be
produced from the Property; provided, however Grantor shall not have the right to use the
surface of the Property for any purpose, including, without limitation, for the purpose of mining,
drilling, exploring, operating and developing such oil, gas and other minerals. Notwithstanding
the foregoing, nothing herein shall be construed as preventing Grantor from developing,
producing or marketing the oil, gas and other minerals by means of activities and facilities
located off the Property by pooling or directional or horizontal drilling under the Property, so
long as no portion of any well or shaft shall be drilled under and/or through the Property at a
depth of less than 1,000 feet measured vertically from the surface of the Property.
This conveyance is made subject to the matters affecting title to the Property specified in
Exhibit"B" attached hereto and made a part hereof(the"Permitted Exceptions").
TO HAVE AND TO HOLD the Property, together with all and singular the rights and
appurtenances thereto in anywise belonging, unto Grantee and its successors and assigns forever,
and Grantor does hereby bind itself, its successors and assigns, to warrant and forever defend all
and singular the Property unto Grantee and its successors and assigns subject to the Permitted
Exceptions, against every person whomsoever lawfully claiming or to claim the same, or any
thereof, by, through or under Grantor,but not otherwise.
23841581 Exhibit"C"
Ad valorem real property taxes for the year 2017 have been prorated between Grantor
and Grantee on the date hereof, and Grantee hereby assumes liability for the payment of such
taxes for the year 2417 and subsequent years.
[Signature Pages Follow]
23941581 Exhibit"C"
EXECUTED to be effective as of the_day of , 2017.
GRANTOR:
EVENT FACILITIES FORT WORTH, INC.,
a Texas Wgroomer, Vresident
orpv ation
B y: $_Z_��
and CEO
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me on this day personally appeared Mike Groomer, President and CEO of Event
Facilities Fort Worth, Inc., a Texas non-profit corporation, 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, and in the capacity therein stated.
Given under my hand and seal of office this go' day of , 2017.
Notary Public in and for the S to of Texas
My Commission Expires: Y.
11 �� Sharon McClung
1* MX Commission Expires
_.. 04/17/2019
(SEAL)
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
Attention:
23841581 Exhibit"C"
Exhibit"A"to Special Warranty Deed
Description of the ROW Property
MONTCOh1.ERY STR :FT PAVING IMPIROVENli:NTs
FROM 1-30 TO CAMP BOWIE
PARCFL No.36
CITY PROJf CT Na.02,132
3401 TRAIL DIUVE
LOT I, BLOCK 101"LOTI, !I€.00K 3,AND LOT I BLOCK 4,
OF T111: 14'ILI, ROG I'HS i1IL;,yIORIAL C1:N' E'R
C;ITV OI+'P010- '11'CUR l'li, I'kIUCAN 1"COONTY,TEXAS
E X 111€11'1'"A"
lltling a 0,03H 1t11c.l 0i 1::33ti1 lltt:;l cS itt'lic 1,uutnas tinticy, :,11 t`tt.5 `ir, 1636,City of
Dill( Wortlt, l•ifn,ml Cotfnty,•fcxtis ami 1%!ittn,l J u;;intt of',w '. Block 3 n:•"l.ut I,B!mn k,"s, and
Lot 1, 131€l k 4, oli, •Clic Will Rogcr Nlclv;Wial t:clttrr'" :c5 r;:corcicd in lttstrn imnt No,
D212L)6.1"17 of ifiv Ohiciul 11tthlir itrce r • of 1'it "fit f'cnrlty, !'r xn:, rr rI ':,,Rini;11 p(Iltitrr of the-
►'eimlitw,L,f S4'a 1.761 �wry tr,wi t:t 'rrit,? (hy ,IC'ed), flrrtlT:r 1:5::;ilx ci ns d; s,'1 'I'tit'i,, tick•,;:d to
I VCttt !•'rl:t kvoc Th, hv:. :t. rr t;;rrit'.I in lw�ltlr,'.vnl No. D20203515t; r,l .;;it` 01f tial
Public Recores of• aft ant County. Texts Said 0.010 .1cre Fract 4A,land heilig !nn e.: particularly
doss-rihed as tallows;
COMMENCING.tit nn "Y"cut in c:mcrcte ti+urtcl lbr Zhu no0h,,vest co:'ne.of 1.ol t, Block 1 or
"Lot 1, Block 1 A•lotttl;nttcM{.;t im:l ;1,riitir,:,". ail additim) to the 01y of Fo;-; sat
co;jlltY Texas as !•t'.curd�!kl lit ln:ltrl.r w:t:i. Nti�. D2-I'21,100) ul•�;,icl 01"li�:al I'usrlic Itc-,:O:c!:; i,i,
T;;rrtrnf ("nttntp,"f c=:rs, s ties"X.' cat i:; cnjll,cic hi t,,= li;c: or Lot ,Ti4 ti,c I of
-Lot 1, 11lock 1, !litf 14`t;?sir€ ;?rtclt,l,:u::!' -;t::lil::±n', un addilio!l tl: ti:c City cif f c:tt 1'"ollh.
-1'a rialtt t Clt3llty, `l'cxas a5 r:-cod,d ir, {_:shirt,:: 't, slide• 1ti i o' t11c ?I:tt
Comity, Tcxas, shill "Y' l:'. ,:tilde W!C :]'ti,: ;oirltif; it; Ilio ia.Si t'lghl-sit-way we. W.
<llulltgot ltcry Sirccl (a V,;s,r;.rlc .,:1;11; t,;lta ,, t,:tv}; 'l iil:l (A' tN'oWi CO dcg,,ccs 17 wniutcs 27
crc't ntk VA- 1,With 11w, :V; 3 li,r Ot',;:irl"I :rt 1, Rock 1, ]vlirl-lr cslt•3t> I?rt:'.Ii,I�mi:n[ r"tddl.ii33t"
and with the existing cast ril':3;-c i=tray litre cf Said %-mitt s:ncri Street,it rlisl;trt e ul•545.60 sect
to 1 5;q inch ifoll t'od .v&I t',:1? "(1:0KiZ{l�li)ONA" yet for (lie F011#- O
lil•:C>iENNIiNG ol'thc tic,scilhc l 0,0'i l dIcl sr;'.t;l ol•land, Snid 98 inch ircm rod wuij cap
stand ud "GORRO?NI)I7,\r1" bejn;; the itttcts4cl;m cl the ms'i;rs, ;;aA rigl►l-ul-tt,E} 1inv of said
!jl0jctg0rttei7'S€ICCt','.1111 tllc)rrtrx},cd cast ri}ll►t s?f ti:tty lilie.tjJ''t4t=!;tf;mmt .ry 4tts::i,w;ticl 5;"S" 11101
M311 rad with cap st,fniped"(eC)lZl ONDOVA" b;:itty the earner ol's33ici Lot 1, Block
1, wits 51`8 i:fch iron too wish cap mar' ped"60ltlt0\ll70NA"ts'in being flu: i:ntct•scetirtrt of'[lie
south lire oCsaid Tlact"Ditto with Elle c:.is;ing.cyst righ of=-way lite ofsaid Mootgonitry ?3rt et;
T1 INCE North CII dcgi,ce?s 09 titinuics 00 secor.6 West.with Iltc west lim of said Lot 1, Blmk
3 aml w �
with the cimirig cast r gh1l 0fWily ling OF said 14 mitgonlery SUCet, a dk130CC
of 33.19 fcct to a poit►l I'm, flit: iutuaecdoft of,the existing cast r;,ph( -oll' •,ly Jim or
snits %-Iontgoluc'fy Stied %V1111 the. stri lh tigltf cif=Way Trac of Iritt. !' " v (.t ristirtlalC
Width right trE w a}°j, %,:1d €wilt:I?citty the most urutherly pooh c A corier o `~,iii; l'ot
I, Mack .i;
f:\h;bil A Fagg 14l''€
238415$_1 Exhibit"C"
" H1.1,NCi, North+1 dogrem 15 minututl 21 socmit%1 iit;t,+,vith Hie north lith;QNaid Lot 1,131rl415
3 valid Willi lite South right-Of-way Ei€tc of!;a}iti 1 mil i 1.ivca,It itis!;€€tet:of 14,1)4 feet ton
point for the utast tionberly norlimcst corner of said Lot. 1.Block 3;
'I'TIT=_NCT Nor[h H9 degrees 39 iii wconds Eittsl,with thL kuvrt:t line ill s;liti Lot 1, llliwk
3 and with tete south='ivM-s ,,vUy Iiia,rlfsaml'1 fFol Drive,a dislxn:;r ail s7.1?•1 rc:ct to a
5rfi Dndl fruit kcal Nvii[ l l.`.[7 til :.i)zd"Wfllts:)NDOP� A"..ct for the intc'.rsri t :ln Of the
Sc'uth right-ot"Nvay lire of staid I'I'ail brivo a it1; ':l;c ploptlsr;I Cast right.-4;'-way line of'
Said 1�7Ut1t,L",C:lt.:�' SITC.:t, 'I'Ad ti,:S trtCll 11`011€'Od Willi i,dp:AEI ped"CrC-ft:lztiN DOHA"
heing[lie 1(t,111±11;3j' of 11,]11 t nt,,cit a curv4;to the 1411 htkvvih<. €ri0w.-,- Cit "A.00 Nct,
a evitti it In 6rIv a€l•54 alegieus 50 mit mes 22 wouds,and whim 0111:11 laCAUX S011111 50)
dCgrt:cs 1 t Mill trICS 3t3 SMOtIdS WeS4,a llis[anec eat•(K 15 feet;
"CilhitC E With 111y jlropoNcd c.lwa rill l:[-ul=tvaay' lnu; :rt tia€:1 Montgomery Sum and with stlid
11011-to€lgent Carve to thl! Id", ,lit arc length all' Ik.`i.i lc�:' to ;) S.iS ilsrlr ii'tlal rrtd -vilh
wrap stabled"GOR11C1,,l DNA" awl lira CiWlrl I;1 I1 �:;ll:l:: Ikttr:t't �:lui 1,01 1, 13106,
3, sitid 518 inch ii(m Iced +k.tdi!.;alt::tallipcd'VOR ((JN )€_)NA: b inti iu :hc scxnh lilac
of said')`race i''vr 1, aEricl .5f8 inch icor roti u;ih cap stallil r1' "G ]ltR()NDO'N1A" also
heirtc_t ill€Ile:nor ill line of said"Lot 1,Block 1, Mid-'N'estern Addition",frolo which a
112 inch iron ra::i wifin cap start pup "Fie<Islev ;OD" Bound for the most northerly
northeast cart;cl tit skid "Lot I, litutk I, .Vlld-".5.01011 AMITtofl' Mars 501tth 89
degree,i 45 miriutc:s 27 se,,:omN Fast,as diAaltecof 3.'s 1.91 lecl, caIid 112 incll irml rod
with cap Stamped"1lcasloy 4050"being ata isnterian•ell euro ill Ilio south line ofsaid
Lot 1,Block 3;
'1'fIKNCF, North 89 degrees 45 minutes 27 seconds V,'cst, with tiie ,w,dh 'itic of said 1..01 1,
Block 3, with the south line Uf Suitt 'I'rllct '1's.r1, i:il the 1ki [1, li:. -f q;aid "Lot 1,.
Block 1, Mid-Wvstent Addition", and with th , :L.1::Y :.. :,;[ .: ::':[ t ;:. : ]ii0e of
said Montgomery Street,a dislancc of 13.82 feet to div POINT OF Rl?4.I's NI G,
and containing 1,31$square feet tit-0,030 acrert till I-mid,imm;or Ic s.
Notes:
(1 A Itlut of L--Vitt Murvey!lair~itCuumpmtkwt this lugal d seriplitltt,
(2) !tight-tot-way m a€'kers along ploposed rigill-of-w"iy li€€e are 518 inch iron rod set
with bloc cap s€an€lit l"GORRONDONA"ualcs:i ethumise noted.
(3) All hent iitp.s are reteacueud to the Texas Coorditlaate Sy telkt, NAD-83,The North
Central T.omv 1202,all dista€lccs oil([areas shm- t are surface.
2384158_1 Exhibit"C"
i'• I h I I ; I r-vr� ,:! i LOP 1, f17.1Dl.A� r F�
F "' _.., •_. � I V� Tr Y` n/1 l! ..l:U? 7, Ilk 1f:i� t wFu'.r
Aft1A','l:rtlf, l,'
A
'4 IF
od
' Masao
I �` o.r ^' �- •�j ��; yam �
0
77 Q
11C
i
40
fr r: �'j .•I wY. i'- �• �j phi
oLl
ar1S�
sl tr+ .� O
is jjc c —{Y ' �d>w1� 7
�`1n`��n Co
�41 �03�
46
in
:s ,' , ai aD 3t :7j
33�
i IN 3 f
�.�
`sem
7 TRAIL DRIVE
A�
23841581 Exhibit`°Crr
Exhibit"B " to Special Warranty Deed
Permitted Exceptions
1. Standby fees, taxes and assessments by any taxing authority for the year 2017 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 any 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.
2. 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.
23841581 Exhibit"C"
EXHIBIT"D"
FORM OF EASEMENT AGREEMENT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD
IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR
DRIVER'S LICENSE NUMBER.
MONTGOMERY STREET PAVING IMPROVEMENTS
FROM I-30 TO CAMP BOWIE
PARCEL No.39
CITY PROJECT No.02432
3498 TRAIL ROAD
LOT 1,BLOCK 5 OF"LOT 1,BLOCK 5 OF THE
WILL ROGERS MEMORIAL CENTER"
CITY OF FORT WORTH,TARRANT COUNTY,TEXAS
STATE OF TEXAS §
COUNTY OF TARRANT §
PERMANENT UTILITY EASEMENT
DATE: , 2017
GRANTOR: EVENT FACILITIES FORT WORTH, INC.
GRANTOR'S
MAILING ADDRESS: ATTN: MIKE GROOMER
115 W. 2ND STREET, SUITE 210
FORT WORTH,TARRANT COUNTY,TEXAS 76102
GRANTEE: CITY OF FORT WORTH, AS TRUSTEE FOR THE PUBLIC
AND PUBLIC UTILITIES
GRANTEE'S:
MAILING ADDRESS: 1000 THROCKMORTON STREET
FORT WORTH,TARRANT COUNTY,TEXAS 76102
CONSIDERATION: Ten Dollars($10.00)and other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged.
PROPERTY: Being a 20.0' x 20.0' permanent utility easement situated in the Thomas White
Survey, Abstract No. 1636, City of Fort Worth, Tarrant County, Texas and being a portion of
1, Block 5 of"Lot 1, Block 5, of the Will Rogers Memorial Center", an addition to the City of
Fort Worth, Tarrant County, Texas, as recorded in Instrument No. D212259325 of the Official
Public Records of Tarrant County, Texas, and being a portion of a 1.049 acre tract of land (by
deed) deeded to Event Facilities Fort Worth, Inc., as recorded in Instrument No. D203434188
23841581 Exhibit"D„
said Official Public Records of Tarrant Countv, Texas, said 20,0' x 20.0' permanent utility
easement being more particularly described in Exhibit "A"attached hereto.
GRANTOR, for the CONSIDERATION paid to GRANTOR, hereby GRANTS, SELLS, AND
CONVEYS to GRANTEE, its successors and assigns, an exclusive, perpetual easement for the
purpose of installing, using and maintaining underground electric, underground telephone, and
other underground facilities of whatever kind or description that are owned either by GRANTEE or
by a permitee of GRANTEE, whether such permitee is a public utility or a private entity (the
"Facilities"), more fully described in Exhibit "A" attached hereto and incorporated herein for all
pertinent purposes, together with the right and privilege at any and all times to enter PROPERTY,
or any part thereof in addition to ingress and egress over the GRANTOR'S property, for the
purpose of constructing, operating, maintaining, replacing, upgrading, and repairing said Facility;
provided, however, because the PROPERTY is within an area utilized from time to time for large
events at the City of Fort Worth's Will Rogers Memorial Center and Multipurpose Arena,
GRANTEE or the public utility utilizing the PROPERTY agrees to co-ordinate its schedule with
GRANTOR and any adjacent landowner(s) and lessee(s) of the adjacent property or facilities for
any non-emergency work on the PROPERTY and to provide GRANTOR and any adjacent
landowner(s) and Iessee(s) of the adjacent property or facilities with advance notice of any entry
onto the PROPERTY for non-emergency purposes. Appurtenances to the Facilities that cannot be
installed underground but can only be installed on the surface of the PROPERTY may be installed
on the surface of the PROPERTY; provided, however, all Facilities must be at least eighteen inches
(18") below grade, with the installation of any above-ground Facilities within the PROPERTY
being subject to the prior written consent of GRANTOR and any adjacent landowner(s) and
lessee(s) of the adjacent property or facilities. Temporary Facilities (as hereinafter defined) may be
constructed on the surface of the PROPERTY or above the surface of the PROPERTY; provided,
however, all Facilities must be at least eighteen inches (18") below grade, with the installation of
any above-ground Facilities within the PROPERTY being subject to the prior written consent of
GRANTOR and any adjacent landowner(s) and lessee(s) of the adjacent property or facilities. For
purposes of this agreement, "Temporary Facilities" shall mean only those surface-mounted or
aboveground facilities required to service projects under construction. In no event shall Temporary
Facilities be installed for more than two (2) years. Temporary Facilities shall be removed at the
expense of the party that installs the Temporary Facilities. Following any construction on the
PROPERTY, GRANTEE or the public utility must promptly restore the surface and any
landscaping or improvements in the PROPERTY and any temporary work space utilized by
GRANTEE or the public utility to, as nearly as is practicable, the condition that existed
immediately prior to construction.
GRANTOR and any lessee(s) of the adjacent property or facilities reserves the right to construct,
maintain, and repair paving, sidewalks, parking lots, and landscaping on the PROPERTY.
GRANTEE and each public utility or person using the PROPERTY enters the PROPERTY and
brings equipment and personnel onto the PROPERTY at its sole risk and expense, waiving and
releasing all claims against GRANTOR and any adjacent landowner(s) and ally lessee(s) of the
adjacent property or facilities located on the PROPERTY, if any, for damage or injury thereto.
TO HAVE AND TO HOLD the above-described easement, together with all and singular, the
rights and appurtenances thereto in anywise belonging, unto GRANTEE, and GRANTEE'S
successors and assigns, forever; and GRANTOR does hereby bind itself, its successors and assigns,
to WARRANT AND FOREVER DEFEND all and singular, the said easement, subject to all
matters now of record affecting said easement, unto GRANTEE, its successors and permitted
assigns, against every person whomsoever lawfully claiming or to claim the same or any part
thereof, by, through or under GRANTOR, but not otherwise.
23841581 Exhibit"D"
When the context requires, singular nouns and pronouns include the plural.
[Signatures on following pages]
23841581 Exhibit"D"
Executed by Grantor and Grantee to be effective as of the date first set forth above.
GRANTOR:
EVENT FACILIT S FORT WORTH, INC.,
a Texas n n prof' v v ation
By:
Mike Groomer, President and CEG
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared Mike Groomer, President and CEO of Event Facilities Fort Worth,
Inc., a Texas non-profit corporation, known to me to be the same person whose name is subscribed
to the foregoing instrument, and acknowledged to me that the he executed the same for the
purposes and consideration therein expressed and in the capacity therein stated and he is authorized
to do so.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 3-L—day of , 2017.
J_X� tz Y44�
Notary Public in and for the Sate of Texas
g` Y p4 , Sharon McClung
My Commission Expires: My Commission Expires
4 04/17/2019
(SEAL) "
2384I58_I Exhibit"D"
GRANTEE:
CITY OF FORT WORTH
By(Signature):
(Print Name) ,Title
APPROVED AS TO FORM AND LEGALITY
By(Signature):
(Print Name) ,Title
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared ,
of the City of Fort Worth, known to me to be the same person whose
name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act
of the City of Fort Worth and that he/she executed the same as the act of the City of Fort Worth for
the purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
) 2017.
Notary Public in and for the State of Texas
2384158_1 Exhibit"D"
Exhibit"A"to Easement Agreement
The Easement Tract
MONTGOMERY 5TREUT PAVING IMPROVEMENTS
FROM I1-30 TO CAMP BOWIE'
I'AIMU'L No.39
ONCCIR EL>G(MUC DELIVERY COMPANY
PRRMANFNT ELECTRIC EASEMENT
CITY PROJECT No.02432
34913 TRAIL ROAD
LOT 1,BLOCK 5 OF LOT 1,BLOCK 5,OF THE
WILL ROGI-r-11S MEMORIAL CE.NTER"
CITY CNS I?OIrr WORTII,TARRANT COUNTY,' IPMAS
RXI11BIT"A"
Heins;all Oncor 131cett•ie Delivery Company 1ximanent electric easement situated in the'1'lloitlar8
White Survey, Abstract No. 1636,City of For[14'ortll,']'arrflllt Cotinly,'Texas and hoing a portion
of Lot 1, Block 5 of"Lot 1, Block 5, of the Will Rogers Memorial Centot", an addition to the
City of Fort Worth, Tarrant County, Texas as recorded in Instrument No. D212259325 of(lits
Official Public Records of Tarrant Caull[y, Texas, and Eyeing a portion of a 1.049 acre tract of
land (by deed) deeded to Tivelit Facilities Folt Worth, Inc. as recorded in lnstruillont No.
D203414188 of said Official Public Records of Tanant County, Texas, said Oncor Frlcctt•ic
Dolivcfy Cotirpany petinancnt electric casGmmit being 1llore particularly described by moles and
hounds ns follows:
COMMIINCING at a t/2 inch iron rayl found for the southwest corner of al tract of land deeded
to FAD Office, L.L.C. as i'acorded in Insttolnent Nn. 0211079186 of said Official Pohliu
Records of Tarrant County, Texas, said 1/2 Inch iron rod baillg (lie most northerly soulliw est
cornor o1'Lot IR, Block I of Credit Union Addition, all addition to fila City of Voll Woa lh,
Tati-ant County, Toxas its recorded in Cabinet A, Slide 8827 of Ole Plat Records elf falraint
County, Texas, said 1/2 inch (roti rod also being in fila cast right-of-way lino of Montgoirlely
Street(a1 variable width right-of-way);Tt-I1INCH North 00 degrees 22 minutes;29 seconds West,
•vital file west line of said VAB Offica, L.L.C,tract of land and with Ilia east right-or-way lisle of
said M01119omcty Street, a distance of 43,64 feet to a point for cornet; '1`1If3NCE Nollll 03
degrees 04 minutes 35 seconds West,with (lie west title of said FAB Office, L.L.C. Iraact of land
and with the cast right-of way lisle of said Montgomery Street, it dislancu of 56.37 feet to a point
for tilt northwest comer of said IAB Offioo, L-LC. [fact of land, said point being the most
soiltherly 1101.111wc9t conler of said Lot1R; THENCE Nodh 02 degrees 51 minutes 25 secondr,
Weal, with Clic west lint:of said Lot IR and with the cast right-ot=wily line of said Montgomery
Street, a dislance of 95.13 feet to a< 5/8 inch iron rod found for the ri[rameRt corner or sadtt Lot
IR, said 5/8 inch imn rocs being the southwest concur of sidd Lot 1,said 5/8 inch iron rod being
the southwest comer of art existing 5, Utility Fmseineilt as recorded ill InFilrallielit No.
D212259325 of soil Official Public Records of Tarrant Courtly, Texns, :shift 5/8 inch ir-lll and
also being (lie southwest corner Oran exislitlg variable %vidth Salmtany Sower 13nsenic;tlt its
recorded in I11sttiiment No, D212259325 of raid Official Public Records of Tarrant Cmin(y,
Texim,' IJENCH North 81) dogrecs 29 minutes 40 sccomis Foot,wills fhc.oath line:ol'said Lot 1,
with Ilia norlh lino of said Lot Ilt, with (lie 801111 title or said existing 5, Utility FAscment, and
with the south linea of s oid oxisting variablo width Sanitary Sewer Easement, n distance of 5.00
rNilibit A Pargo 1 o(3
23841581 Exhibit"D"
t:eet to a point for Ilia Southeast corner Of said existing 5' Utility Faserttent; T iFNCli North 01
degrees 08 minutes 20 seconds Wcst, with the arts( lino of said existing 5' Milky Hasenlcttt, a
distance of 20.00 feet to the POINT Ole BEGINNING of flie herein dusuribed Oncor 131cctrir,
Delivery conlpally permanent electric casement;
THENCE North 01 degrees 08 minutes 20 seconds West,with (lie cast 11110 of said existing S'
utility Easclllent, a distur►cc of 20.00 feet to a point for the intersection of the cast
line of said existing S' Utility liasernent with tlto north line of said existing variable
width Snnitaty Sewer Wsenlent;
THENCE E North 89 degrees 20 minutes 33 seconds lust, with Ilia tlort}1 line of said existing
%,ariahle width Sanitary Sewer 13ascntent, a distance of 20.00 feet to it poin( for
corlrer;
THEME' South 01 degrecs 08 minutes 20 accoiltih East, a distance of 20.00 feet,to a point for
cornor;
THENCE South 89 degrees 20 ntinu(es 33 seconds Rlczt,a distunce cif 20.00 feet to the POINT
OF BEGINNING, amt containing; 400 scivare feet or 0.009 ,acres of land, more or
lass.
Motes:
(1.) A plat of even survey(lute accompanies this legal description.
(2) All bearings aro referenced to lite Texas Coordinato System, NAD-83,The North
'Cannel`Lone 4202,all distances stmt Areas shown arc surface.
Survey Date: January 28,2015
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Shaun Marvin Pic ern
Registrwed Professional rand Stnveyo:• `4-1-y'1. �
'romps No. 6432 Sl}
Texas IEirm No. 10106903
Exhibit A Page 2 of
23841581 Exhibit"M
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23841581 Exhibit"D"
Contract Compliance Manager:
By signing I acknowledge that T am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
I
Name of Employee/Signature
Title
This form is NSA as No City Funds are associated with t is Contract
4&+aL(�Aj C. Zh StkU
Printed Name Signature
f
Waiver of Inspection
Republic Title File Number: 1003-235046
To: Republic Title of Texas, Inc. and it's Underwriter
The undersigned Purchasers do hereby waive inspection by you of such property and accept your policy
subject to the rights of parties in possession and those under whom they hold,if any such are now in
possession of the premises upon which you have issued such policy,and take it upon themselves to inspect
such premises and to obtain possession thereof from the present occupants.
Purchaser:
CITY OF FORT WORTH,TEXAS,
a home-rule municipality of the State of Texas
By:
Name: J s j QD cz
ATTEST: FOR?
City Secretary ''
PURCHASER SIGNATURE ADDENDUM TO SETTLEMENT STATEMENT
REPUBLIC TITLE FILE NO. 1003-235046
SETTLEMENT OR ESCROW AGENT: Republic Title of Texas,Inc. TIN: 75-1825384
ADDRESS OF SETTLEMENT AGENT: 550 Bailey Avenue, Suite 100, Fort Worth,TX 76107
Seller/Purchaser understands the Closing or Escrow Agent has assembled this information representing the transaction from
the best information available from other sources and cannot guarantee the accuracy thereof. Any real estate agent or lender
involved may be furnished a copy of this Statement. Seller/Purchaser understands that tax and insurance prorations and
reserves were based on figures for the preceding year or supplied by others or estimates for current year,and in the event of
any change for current year,all necessary adjustments must be made between Purchaser and Seller direct.
The undersigned hereby authorizes Republic Title of Texas, Inc.to make expenditures and disbursements as shown and
approves same for payment. The undersigned also acknowledges receipt of Loan Funds, if applicable, in the amount shown
above and a receipt of a copy of this Statement.
CITY OF FORT WORTH,TEXAS,
a home-rule municipality of the State of Texas
�XI�
By: t.
Name: 0%
ATTEST:
6�'g/N
r .
�XAS
City Secret"J
Republic Title of Texas,Inc.
By:
Janet Ceron
Republic Title of Texas,Inc.
201 Main Street,Suite 1400•Fort Worth,TX 76102
REPUBLIC TITLE® Office Phone:(817)877-1481 Office Fax:(817)654-0008
Final Settlement Statement
File No: 1003-235046-RTT
Escrow Officer: Janet Ceron/MB
Settlement Date: 11/30/2017
Disbursement Date:
Property:
.030 Acres-ROW Tract,20x20 Electric Easement,Trail Drive,
Fort Worth,TX
Buyer:
City of Fort Worth,Texas
200 Texas Street,Fort Worth,TX 76102
Seller:
Event Facilities Fort Worth,Inc.,a Texas non-profit
corporation
115 W.2nd Street#210,Fort Worth,TX 76102
Buyer Char a Buyer Credit Descri 011on Seller Charge Seller Credit
Adjustments
430.48 Seller's Closing Cost paid by Buyer 430.4
Title/Escrow Charges
350.00 One-Half Escrow Fee to Republic Title of Texas,Inc. 350.00
39.68 Tax Certificate(Commercial)to Data Trace Information 39.68
Services
4.80 e-RecordingFee&TX Sales Tax Sim lifile to Sim lifile 4.80
3.00 Texas Guaranty Fee-Owner Title Policy to TX Title
Insurance Guaranty Association
842.00 1000 T-1/T-1 R Single OTP(R-1)to Republic Title of Texas,
Inc.
36.00 Recording Fee-Deed&Easement to Republic Title of Texas, 36.00
Inc.
Disbursements Paid
Miscellaneous Disbursement
Partial Consideration(Ater ROW/ESMT Values) to City of
Fort Worth,Texas POC-S$302,455.82
.030 Acre-ROW Tract to Event Facilities Fort Worth,Inc.,a
Texas non-pro POC-13$74,924.16
20x20 Electic Easement to Event Facilities Fort Worth,Inc.,a
Texas non-pro POC-13$19,743.54
1,705.96 Cash X From To Buyer
Cash To From Seller
1705.96 1,705.961 Totals 430.481 430.4
Seller/Buyer understands the Closing or Escrow Agent has assembled this information representing the
transaction from the best information available from other sources and cannot guarantee the accuracy
thereof.Any real estate agent or lender involved may be furnished a copy of this Statement.Seller/Buyer
understands that tax and insurance prorations and reserves were based on figures for the preceding year
or supplied by others or estimates for current year, and in the event of any change for current year, all
necessary adjustments must be made between Buyer and Seller direct.
The undersigned hereby authorizes Republic Title of Texas, Inc. to make expenditures and
disbursements as shown and approves same for payment.The undersigned also acknowledges receipt
of Loan Funds, if applicable, in the amount shown above and a receipt of a copy of this Statement.
Settlement Statement Page 1 of 1
Print Date:11/29/2017,2:05 PM