HomeMy WebLinkAboutContract 33903 CITY SECRETARY
CONTRACT NO.
EARNEST MONEY CONTRACT
THIS EARNEST MONEY CONTRACT ("Contract") is entered into as of the Effective
Date (defined below) by and between Rall Properties, L.P., a Texas limited partnership
("Seller"), and the City of Fort Worth, a home rule municipal corporation organized under the
laws of the State of Texas ("Purchaser").
In consideration of the mutual covenants set forth in this Contract and for other valuable
consideration, which the parties acknowledge receiving, Seller and Purchaser agree as follows:
Section 1. Sale and Purchase. Subject to the terms and conditions set forth in this
Contract, Seller agrees to convey by sale and gift to Purchaser, and Purchaser agrees to purchase
from Seller, for the Purchase Price (defined below) and, as applicable, to accept as a gift as set
forth below an undivided interest in three tracts of land in Tarrant County, Texas more
particularly described in the attached Exhibit "A", together with Seller's interest in the fee
located south of Dutch Branch Road underlying those certain grants set forth in instruments
recorded in Volume 6772, Page 476, and Volume 6772, Page 521, Deed Records of Tarrant
County, Texas and all other easements, rights-of-way, licenses, interests, rights, and
appurtenances appertaining thereto, if any. The foregoing parcel of land being conveyed by sale
and gift includes therewith all easements, rights-of-way, licenses, interests, rights, and
appurtenances appertaining to such, if any, and is hereinafter called the "Property." Seller shall
reserve from the conveyance and gift hereunder for Seller and Seller's successors and assigns, all
of Seller's interest in the water, oil, gas, and other minerals that are in and under the Property and
that may be produced from it; such water and mineral reservation shall be reserved in the Deed
(hereinafter defined).
Section 2. Purchase Price and Earnest Money.
(a) The purchase price ("Purchase Price") for the Property is Seven Million Three
Hundred Eighteen Thousand Three Hundred Thirty Six and No/100 dollars ($7,318,336.00).
Purchaser acknowledges that a portion of the Property comprising 3.78 acres thereof is donated
to Purchaser as a gift, and no cost therefor (the "Uncompensated Value") is included within the
Purchase Price. The donation will be accepted and acknowledged by the Purchaser as a gift
thereto, such acknowledgement to include execution of IRS Form 8283. It is understood that the
Uncompensated Value for land being transferred pursuant hereto is being freely given and
donated to the Purchaser as a gratuitous act without consideration being received therefor by
Seller, and that the Seller and Purchaser acknowledge and agree that such contribution is not part
of a settlement of controversies which may exist or have existed between them but constitutes a
gift and donation to Purchaser which Seller voluntarily makes and which the Purchaser accepts
and acknowledges in full.
(b) The Purchase Price is payable in cash at the Closing(defined below).
0AFFIC;UA ROD
_ CITY W""PU,17
788117 8
r
Section 3. Closing.
(a) The closing ("Closing") of the sale of the Property by Seller to Purchaser will
occur at the offices of Seller, or Seller's attorneys in Fort Worth, on or before August 25, 2006
("Closing Date").
(b) At the Closing, all of the following must occur, all of which are concurrent
conditions:
(1) Seller, at its expense, shall deliver or cause to be delivered to Purchaser a
Special Warranty Deed ("Deed") in the form of Exhibit "B," executed and
acknowledged by Seller, conveying to Purchaser title to the Property.
(2) Purchaser, at its expense, shall deliver or cause to be delivered to Seller
immediately available funds via wire transfer in an amount equal to the Purchase
Price.
(3) Seller and Purchaser shall each pay their respective attorneys' fees, and
Purchaser shall pay all recording fees.
(c) Seller shall be responsible for the payment of all ad valorem and similar taxes and
assessments relating to the Property through the Closing Date.
(d) Upon completion of the Closing, Seller shall deliver to Purchaser possession of
the Property.
Section 4. Notices.
(a) Any notice under this Contract must be written. Notices must be either (i) hand-
delivered to the address set forth below for the recipient; or (ii) placed in the United States
certified mail, return receipt requested, addressed to the recipient as specified below; or (iii)
deposited with an overnight delivery service, addressed to the recipient as specified below; or
(iv) telecopied by facsimile transmission to the parry at the telecopy number listed below,
provided that the transmission is followed with a copy sent by overnight delivery or regular mail
to the address specified below. Any mailed notice is effective three (3) days following deposit
with the U.S. Postal Service or the day following deposit with the overnight delivery service, as
applicable; all other notices are effective upon receipt.
(b) Seller's address for all purposes under this Contract is:
Rall Properties, L.P.
c/o Marc N. Epstein
Kelly Hart& Hallman LLP
201 Main Street, Suite 2500
Fort Worth, Texas 76102
Telephone: (817) 878-3573
Telecopy: (817) 878-9773
788117_8 2
and to:
Joe H. Staley, Jr., Esq.
Law Offices of Joe H. Staley, Jr.
5949 Sherry Lane, Suite 501
Dallas, Texas 75225
Telephone: (214) 739-3700
Telecopy: (214) 739-1919
(c) Purchaser's address for all purposes under this Contract is:
Bryan Beck, P.E.
Project Manager, Southwest Parkway(SH 121 T)
Engineering Department
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102-6311
Telephone: (817) 392-7909
Telecopy: (817) 392-7854
with a copy to:
S. G. Johndroe III
Cantey & Hanger, L.L.P.
Burnett Plaza, Suite 2100
801 Cherry Street, Unit# 2
Fort Worth, Texas 76102-6881
Telephone: (817) 877-2871
Telecopy: (817) 877-2807
(d) Either party may designate another address for this Contract by giving the other
party at least five (5) business days' advance notice of its address change. A party's attorney
may send notices on behalf of that party, but a notice is not effective against a party if sent only
to that party's attorney.
Section 5. Disclaimer. Except as specifically stated in this Contract or the Deed,
Seller specifically disclaims any warranty, guaranty, or representation, oral or written,
past, present, or future, of, as to, or concerning: (i) the nature and condition of the
Property, including, but not limited to, its water, its soil, its geology, the presence or
absence of any landfill, its compliance or non-compliance with any environmental law, and
its suitability for any activities and uses that Purchaser may conduct on it; (ii) the manner,
construction, condition, and state of repair of any improvements on the Property; (iii) the
nature and extent of any right-of-way, lease, possession, lien, encumbrance, license,
reservation, or condition; (iv) the Property's compliance with any laws, rules, ordinances,
or regulations of any governmental or other body; and (v) the financial earning capacity or
history or expense history of the Property.
788117 8 3 r,n 0
Seller will convey the Property "AS IS". Purchaser expressly acknowledges that, in
consideration of Seller's agreements, except as otherwise specified in this Contract or in the
Deed, SELLER MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR
IMPLIED, OR ARISING BY OPERATION OF LAW, INCLUDING, BUT NOT
LIMITED TO, ANY WARRANTY OF THE PROPERTY'S CONDITION,
HABITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR
PURPOSE. Purchaser acknowledges that it is entering into this Contract in reliance on its
own abilities and investigation and not on any representation, warranty, or agreement of
Seller, other than as stated in this Contract. Purchaser acknowledges that no
representations have been made by Seller or its agents or employees to induce Purchaser to
enter into this transaction other than as expressly stated in this Contract. Purchaser
further acknowledges that neither Seller nor its agents or employees have made any
representation or warranty to Purchaser concerning the Property's investment potential or
resale at any future date, nor has Seller or its agents rendered any advice or expressed any
opinion to Purchaser regarding any tax consequences of owning the Property. This Section
5 survives the Closing.
Section 6. Effective Date. The date on which the last of Seller and Purchaser signs
this Contract is the "Effective Date" of this Contract.
Section 7. Time of the Essence. Time is of the essence in this Contract. Whenever
a date specified in this Contract falls on a Saturday, Sunday, or federal holiday, the date will be
extended to the next business day.
Section 8. Entire Agreement. This Contract (including its exhibits) contains the
entire agreement between Seller and Purchaser. Oral statements or prior written matter not
specifically incorporated into this Contract has no force and effect. No variation, modification,
or change to this Contract binds either party unless set forth in a document signed by the parties
or their duly authorized agents, officers, or representatives.
Section 9. Terminology. The captions beside the section numbers of this Contract
are for reference only and do not modify or affect this Contract. Whenever required by the
context, any gender includes any other gender, the singular includes the plural, and the plural
includes the singular.
Section 10. Governing Law, Performance and Venue.. This Contract is governed
by and must be construed in accordance with Texas law. The obligations under this Contract are
performable in Tarrant County, Texas, and any payments under this Contract are to be made in
Tarrant County, Texas. The parties consent that venue of any action brought under this Contract
will be in Tarrant County, Texas.
Section 11. Severability. If any provision in this Contract is found to be invalid,
illegal, or unenforceable, its invalidity, illegality, or unenforceability will not affect any other
provision, and this Contract must be construed as if the invalid, illegal, or unenforceable
provision had never been contained in it.
Section 12. Rule of Construction. Each party and its counsel have reviewed and
revised this Contract. The parties agree that the rule of construction that any ambiguities are to
7881178 4
be resolved against the drafting party must not be employed to interpret this Contract or its
amendments or exhibits.
Section 13. Harris Parkway.
(a) As a complement to, and in connection with, the development of the proposed
SH-121T, Purchaser shall use good faith efforts to cause the owner or owners of property along
Harris Parkway to dedicate the additional right-of-way necessary for the realignment and
reconstruction of Harris Parkway as an 80' road as depicted on Exhibit "C" ("Realigned Road").
If Purchaser is successful in obtaining the dedication of this additional right-of-way, Purchaser
shall realign and reconstruct Harris Parkway as depicted on the Exhibit "C" (the "Work"). The
cost of the Work shall be borne by the Purchaser. Purchaser shall provide Seller with invoices
and such other evidence of the cost of the Work as Seller may reasonably request. If the actual
cost of the Work is less than$1,175,000.00, any difference will be paid to Seller within(30) days
after substantial completion of the Work, such amount to be deemed an additional purchase
price.
(b) In connection with the Work, Seller will also dedicate, from Seller's adjacent
property as shown on Exhibit "C", such of its fee interest in any additional right-of-way
("Additional ROW") necessary for the Realigned Road, as may be mutually agreeable to the
parties. Upon completion of the Work, Purchaser shall abandon or convey the property
previously dedicated for use as Harris Parkway but not used in the Realigned Road and lying to
the east of the Realigned Road ("New Seller Property") such that Seller shall own all property
lying between the eastern boundary of the Realigned Road and west of Seller's current property
boundary — it being the intention of the parties that such New Seller Property be in substantially
the same acreage as the Additional ROW; additionally, Seller will cooperate with Purchaser and
the owner or owners of property along Harris Parkway to effect any swaps or transfers necessary
to convey to such owner title to any land currently owned by Seller, but because of the Work,
ultimately located on the western side of the Realigned Road.
(c) In the event that Purchaser is unable to obtain the additional right-of-way needed
for the Work (whether from Seller or other owners of property along Harris Parkway) on terms
satisfactory to the Purchaser, by December 31, 2006, Purchaser will pay to Seller, on or before
January 31, 2007, $1,175,000.00 as an additional purchase price, whereupon, Purchaser will then
not be required or obligated to perform the Work.
(d) This Section 13 shall survive the Closing.
[signatures on the following page]
� ,IAi�I C i B
CITY
`vT1 4
i?&" i.0 �� L��..
7881178 5
EXECUTED as of the Effective Date.
PURCHASER:
CITY OF FORT WORTH,
Attested By: a home rule municipal corporation org under
e law the e of Texas
Marty H dri_x
City Secretary By:
Marc Ott, ssistant Cli'Jfy anager
APPROVED AS TO FORM AND LEGALITY:
By: ��
-A2p t JV. Assistant City Attorney
M&C: — l a )
4 811 ff), jou
rl\r-)
Date: Qw� 194 'Q C11CLU
SELLER:
Rall Properties, L.P.,
a Texas limited partnership
By: BB Genpar, Inc., a Texas corporation,
General Partner
By:
Name: oti of
Title: Vice Yre,5;hAt
Date: Faust I
ROD
CITY SEMRUY
788117_8 6
Parcel No. 103
Date: ]parch 1,2004
Exhibit A,
Being a 9.671 acre tract of land situated in the J. F. Heath Survey, Abstract No. 641, City of Fort Worth,
Tarrant County, Texas, said 9.671 acre tract of land being a portion of the remainder of a tract of land
described as Tract One deeded by Rall Ranch Limited Partnership to Rall Properties, L.P. by General
Warranty Deed dated January 11, 1994 and recorded.in Volume 11405, Page 528 of the Deed Records of
Tarrant County, Texas, said 9.671 acre tract of land being more particularly described by metes and
bounds as follows:
COINLMENCING at a 1/2 inch iron rod found for the interwr-tion of the east right-of-way line of Harris
Parkway (an 80.0' right-of-way) with the north line of Dutch Branch Road (a variable width right-of-
way), said 1/2 inch iron rod being the beginning of a non-tangent curve to the left having a radius of
1061.67 feet, a central angle of 05 degrees 46 minutes 01 seconds and whose radius bears North 00
degrees 46 minutes 13 seconds West;THENCE with said non-tangent curve to the left and with the north
right-of-way line of said Dutch Branch Road, an arc length of 106.86 feet to a 5/8 inch iron rod with cap
stamped "KHA" found for comer; THENCE North 83 degrees 27 minutes 44 seconds East, with the
north right-of-way line of said Dutch Branch Road, a distance of 115.76 feet to a 5/8 inch iron rod with
cap stamped "KHA" found for the beginning of a curve to the left having a radius of 990.010 feet, a
central angle of 04 degrees 26 minutes 21 seconds and whose radius bears North 06 degrees 32 minutes
16 seconds West; THENCE with said curve to the left and with the north right-of-way line of said Dutch
Branch Road, an arc length of 76.70 feet to a 518 inch iron rod with cap stamped"KHA" found for the
beginning of a reverse curve to the right having a radius of 1010.00 feet, a central angle of 04 degrees 26
minutes 21 seconds and whose radius bears South 10 degrees 58 minutes 37 seconds East;THENCE with
said reverse curve to the right and with the north right-of-way line of said Dutch Branch Road, an arc
length of 78.25 feet to a 5/8 inch iron rod with cap stamped"KHA"found for comer, THENCE North 83
degrees 27 minutes 44 seconds East, with the north right-of-way line of said Dutch Branch Road, a
distance of 190.88 feet to a R-O.W. .Marker set for the POINT OF BEGINNING, said R.O.W.Marker
being the intersection of the north right-of-way line of said Dutch Branch Road with the proposed west
right-of-way line of State Highway 1.21 and the beginning of a Control of Access Line, said R.Q.W.
Marker having grid coordinates of N=6,922,188.57 and E=2,301,772.48, said R.O.W. Marker being
255.99 feet right of and at right angles to survey baseline station 762 -09.28 of the proposed survey
baseline of State Highway 121;
(1) THENCE North 11 degrees 15 minutes 18 seconds West, with the proposed west right-of-way
line of said State Highway 121 and with the said Control of Access Line, a distance of 562.11
feet to a 5/8 inch iron rod with cap stamped"Weir Assoc Inc"found for the southeast comer of a
1949 acre tract of land deeded to Eagle-Barris Parkway, L.P. as recorded in Volume 16532,
Page 197 of said Deed Records of Tarrant County, Texas, from which a 5/8 inch iron rod with
cap stamped "Weir Assoc Inc" found for the southwest comer of said 2.949 acre tract of land
bears North 86 degrees 37 minutes 41 seconds West, a distance of 572.27 feet, said 5/8 inch iron
rod with cap stamped "Weir Assoc Inc" being in the east right-of-way line of said Harris
Parkway,
GORRONDONIA&ASSC7C 1ATF_S,INC. 6707 BRENTWOOD STAIR ROAD SUITE 50 FORT WORM.TEXAS 76112 917-4p6-14;4 FAX 517-45(,1769
,.
Parcel No. 103
Date: March 1,2004
Exhibit A,
(2) TIIENC.E North 09 degrees 15 minutes 14 seconds Wcst,..with the proposed west right-of-way
line of said State Highway 121, with the east line of said 2.949 acre tract of land and with the
said Control of Access Line, a distance of 234.74 feet to a 5/8 inch iron rod with cap stamped
"Weir Assoc h-ic" found for the northeast corner of said 2.949 acre tract of land, said 5/8 inch
iron rod with cap stamped "Weis Assoc Inc" being the southeast corner of a 2.074 acre tract of
land deeded to Evecare Real Properties 11, Ltd. as recorded in Volume 16315, Page 59 of said
Deed Records of Tarrant County,Texas;
(3) THENCE Forth 15 degrees 15, minutes 44 seconds West, with the proposed west right-of-way
line of said State Highway 121, with the east line of said 2.074 tract of land and with the said
Control of Access Line, a distance of 189.94 feet to a 112 inch iron rod with cap stamped "Mizell
RPLS 1967" found for the northeast corner of said 2.074 acre tract of land,said 1/2 inch iron rod
with cap stamped "Mizell RPLS 1967' being the southeast corner of Lot 3A, Block A of River
Hills Addition, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in
Cabinet A, Slide 6956 of the Plat Records of Tarrant County,Texas, said 1/2 inch iron rod with
cap stamped "Mizell RPLS 1967'also being the beginning of a curve to right having a radius of
4062.71 feet, a central angle of 02 degrees 34 rrdnutes 03 seconds and whose radius bears North
76 degrees 06 minutes 11 seconds East;
(4) THENCE with said cur=e to the right, with the proposed west right-of-way lune of said State
Highway 121, with the east line of said Lot 3A. and with the said Control of Access Line, an arc
length of 182.06 feet to a 5/8 inch iron rod with cap stamped "KHA" found for the northeast
corner of said Lot 3A, said 5/8 inch iron rod with cap stamped "KIIA" being in the south line of
Lot 1,Block 1 of Harris Parkway Medical, an addition to the City of Fort Worth, Tarrant County,
Texas as recorded in Cabinet A,Slide 7469 of said Plat Records of Tarrant County,Texas;
(.>) THENCE South 86 degrees 36 minutes 31 seconds East, with the proposed west right-of-way
line of said State Highway 121, with the south line of said Lot 1 and with the said Control of
Access Line, a distance of 8.06 feet to a 5/8 inch iron rod found for the southeast corner of said
Lot 1, said 5/8 inch iron rod being the beginning of a non-tangent curve to the right having a
radius of 4054.71 feet, a central angle of 03 degrees 47 minutes 13 seconds and whose radius
bears North 78 degrees 38 minutes 22 seconds East;
(6) TII.EINCE with said non-tangent curve to the riga, with the proposed west right-of-way line of
said State Highway 121,with the east line of said Lot I and with the said Control of Access Line,
an arc length of 267,99 feet to a point for corner, from which a 5/8 inch iron rod with cap
stamped "KHA" found for reference bears North 07 degrees 15 minutes 17 seconds East, a
distance of 00.40 feet;
(7) T1117-NCB North 86 degrees 45 minutes 14 seconds East, with the east line of said Lot 1, a
distance of 49.16 feet to a point for the southeast corner of a right-of-way dedication recorded in
Cabinet A, Slide 7469 of said Plat Records of Tarrant County,Texas, from which a 5/8 inch iron
rod with cap stamped "KHA" found for reference bears North 06 degrees 07 minutes 18 seconds
East, a distance of 00.44 feet;
"Jc,,��
gq A�'i��� UI iC\•�
G08100I:DONA fi ASSOC:ATf.S.IWC- 6707 URL].IVOOD SLAW ROAD SUITE 50 roii,r WORTH,iFXAs 7012 617-49( 1424 FAX&1T 4
Parcel No. 103
Date: March 1,2004
Exhibit A,
(S) THENCE North 09 degrees 14 minutes 46 seconds West,with the east line of said right-of-way
dedication, a distance of 261.43 feet to a 5/8 inch iron rod found for the northeast corner of said
right-of-way dedication;
(9) THE, South 86 degrees 45 minutes 14 seconds West,with the north line of said right-of-way
dedication, a distance of 33.40 feet to a 5/8 inch iron rod with cap stamped "TNP" found for
corner in the east line of Lot 2, Block 1 of said Harris Parkway Medical, said 5/8 inch iron rod
with cap stamped "TNP"being in the proposed west right-of-way line of said State Highway 121
and in the said Control of Access Line, said 5/8 inch iron rod with cap stamped"'INP"also being
4
the beginning of a.non-tangent curve to the right having a radius of 4054,71 feet, a central angle
of 04 degrees 14 minutes 05 seconds and whose radius bears North 86 degrees 06 minutes 18
seconds East; -
(10) TIiENCE with said non-tangent curve to the right, with the proposed west right-of-way line of
said State Highway 121, with the east line of said Lot 2 and with the said Control of Access Line,
an arc length of 299.68 feet to a point for the northeast comer of said Lot 2, said point being in
the north line of said Tract One, said point also being in the south line of a 3.440 acre tract of
land described as Tract I deeded to.Texas Health System as recorded in Volume 13039,Page 104
of said Deed Records of Tarrant County, Texas, from which a 5/8 inch iron rod found for
reference bears South 05 degrees 00 minutes 41 seconds East, a distance of 00.37 feet, said point
being the begiwing of a non-tangent curve to the left having a radius of 742.11 feet, a central
angle of 01 degrees 10 minutes 03 seconds and whose radius bears North 02 degrees 00 minutes
14 seconds West;
(11) THENCE with said non-tangent curve to the left, with the proposed west right-of-way line of
said State Highway 121, with the north line of said Tract One deeded to Rall Properties, L.P.,
with the south line of said Tract I deeded to Texas health System and with the said Control of
Access Line, an arc length of 15.12 fect to a K.O.W.Marker set for comer,
(12) THENCE North 85 degrees 25 minutes 28 seconds East, with the proposed west right-of-way
line of said State Highway 121, with the north line of said Tract One deeded to Rall Properties,
L.P., with the south line of said Tract I deeded to Texas Health System and with the said Control
of Access Line, passing at a distance of 19,99 feet a 5/8 inch iron rod found for the southeast
comer of said Tract I and for the southwest comer of a 2.014 acre tract of land described as Tract
II deeded to Texas Health System as recorded in Volume 13039, Page 104 of said Deed Records
of Tarrant County, Texas, said 5/8 inch iron rod being 200.02 feet right of and at right angles to
survey baseline station 742 -65.16 of the proposed survey baseline of State Highway 121, in all, a
distance of 319.99 feet to a 5/8 inch iron rod found for the northeast corner of said Tract One
deeded to Rail Properties, L.P. and for the southeast comer of said Tract II,said 5/8 inch iron rod
beu1- in the west line of a tract of land deeded to VLMC, Inc, as recorded in Volume 11656,
Page 1815 of said Deed Records of Tarrant County,Texas;
Ci
GCIILR9rJUUNn,C nSSCA:aAT'FS.INC. G7c?)8RL•'N�IZVUUD STAIR RDhU SUITE.'* FORT WOR Tit'rE,XAS 76tt2 917-496-1424 1'Ft 9i7 l�jgnn q/n(
Parcel No. 103
Date:March 1,2004
Exhibit A.,
(13) THENCE South 00 degrees 20 minutes 57 seconds East, with the cast line of said Tract One and
with the west line of said tract of land deeded to VLMC, Inc., a distance of 1247.01 feet to an
axle found for the southwest corner of said tract of land deeded to VLMC, loc., said axle being
the northwest comer of a tract of land deeded to the City of Fort Worth as recorded in Volume
6772,Page 476 and Volume 6772, Page 521 of said Deed Records of Tarrant County, Texas;
(14) THENCE South 00 degrees 19 minutes 34 SCGO ids East, with the east line of said Tract One and
with the west line of said tract of land deeded to the City of Fort Worth, a distance of 480.72 feet
to a 5/8 inch iron rod with cap stamped "KHA" found for the beginning of a curve to the left
havi7:g a radius of 1000.00 feet, a central angle of 15'degrees 34 minutes 15 seconds and whose
radius bears North 89 degrees 40 minutes 27 seconds East;
(15) THENCE with said curve to the left, with the east line of said Tract One and with the west line
of said tract of land deeded to the City of Fort Worth, an arc length of 271.76 feet to a 5/8 inch
iron rod with cap stamped "YJUV found for corner in the north right-of-way line of said Dutch
Branch Road;
(16) THENCE South 83 degrees 27 minutes 44 seconds West, with the north right-of-way line of said
Dutch Branch Road, a distance of 40.74 feet to a 5/3 inch iron rod with cap stamped "KHA"
found for corner,
(17) THENCE North 11 degrees 52 minutes 51 seconds West,with the north right-of-way line of said
Dutch Branch Road, a distance of 34.01 feet to a 5/8 inch iron rod with cap stamped "KHA"
found for the beginning of a non-tangent curve to the right having a radius of 20.00 feet,a central
angle of 95 degrees 20 minutes 25 seconds and whose radius bears South 78 degrees 07 minutes
09 seconds West;
(18) THENCE with said non-tangent curve to the right and with the north right-of-way line of said
Dutch Branch Road, an are length of 33.28 feet to a 5/8 inch iron rod with cap stamped"KIIA"
found for corner;
(19) THENCE South 83 degrees 27 minutes 44 seconds West, with the north right-of-way line of said
Dutch Branch Road, a distance of 9.12 feet to the POINT OF BEUNNING and containing
421,272 square feet or 9.671 acres of land, more or less.
GORRONDONA C ASSOCIATES.INC 6707 BRENTWOOD STAIR ROAD SUITE 50 FORT WORTH_TEXAS 76112 817-4961474 FAX 91749(-17I,S
Parcel.No. 103
Date: II March 1,2004
Exhibit A,
Notes:
(1) A plat of even survey date herewith accompanies this legal description..
(2) All bearings are referenced to the project control for State Highway 121. All bearings
and distances are surface.
(3) All coordinates are grid coordinates, based on the Texas Coordinate System, NAD-83
(1993), North Central Zone, with a Combined Scale Factor for this Project of
0.99987971.
(4) Right-of-Way Markers are 5f8 inch iron rods with blue caps stamped "Gorrondona &
Assoc Inc Fort Worth Texas",unless otlierwise noted.
(5) Access is prohibited across the "Control of Access Line" to the transportation facility
from the adjacent property.
I HEREBY CERTIFY TO THE NORTH TEXAS rOLLWAY AUTHORITY THAT THIS SURVEY
PREPARED BY ME WAS ACTUALLY MADE UPON TI-IE GROUND AND THAT IT AND THE
INFORMATION, COURSES, ANID DISTANCES SHOWN THEREON ARE CORRECT AND THAT
THE TITLE LINES AND LINTES OF ACTUAL POSSESSION ARE THE SAME.
SURVEYED ON THE GROUND FEBRUARY 20, 2004
u
SPE of rF�
v,
Richard Kennedy RICHAR[)KEhiNEDY Ct
TT
Registered Professional Land Surveyor 9�o Sfi27
No.5527 S1Jm��
G0RRQNr70NA S ASSWAAI VS,INC. 6707 BRENTA'OOD STAIR ROAD SU1TE50 FORT t RTEi.�EXAS 7 12 r 8r749fk142� FAX X87-496-1768
Parcel No. 105
Date: March 25,2004
Exhibit A,
Being a 9.200 acre tract of land situated in the J. F. 1Ieath Survey, Abstract No, 641, City of Fort Worth,
Tarrant County, Texas, said 9.200 acre tract of Iand being a portion of a 121.473 acre tract of land (by
deed) deeded to Rall Ranch II Limited Partnership as recorded in Volume 10581, Page 568 of the Deed
Records of Tarrant County, Texas, said 9.200 acre tract of land being more particularly described by
metes and bounds as follows:
BEGINNING at a 5/8 inch iron rod with cap stamped "ARIA found in the south line of said 121-473
acre tract of land, said 5/8 inch iron rod with cap stamped `ANA" being the most southerly southwest
corner of a 7.870 acre tract of land deeded to Beach Construction Company as recorded in Volume
12697, Page 38 of said Deed Records of Tarrant County, Texas, said 5/8 inch iron rod with cap stamped
"ANA" also being in the intersection of the north right-of-way line of Dirks Road (C.R. 1043),a variable
width right-of-way, with the proposed east right-of-way line of State Highway 121,said 5/8 inch iron rod
with cap stamped"ANA" having grid coordinates of N=6,919,407.80 and E=2,302,430.13, said 518 inch
iron rod with cap stamped "ANA" being 2.95.14 feet left of and at right angles to survey baseline station
790+34.29 of the proposed survey baseline of State Highway 121;
(1) THENCE North 75 degrees 15 minutes 47 seconds Nest, with the south line of said 121.473
acre tract of land and with the north right-of-way lire of said Dirks Road, a distance of 96.94 feet
to a I/2 inch iron rod found for corner;
(2) THENCE North 75 degrees 40 minutes 30 seconds West, with the south line of said 121.473
acre tract of land and with the north right-of-way line of said Dirks Road, a distance of 90.47 feet
to a 518 inch iron rod with cap stamped"GORRONDONA"set for the southeast comer of a tract
of land deeded to the City of Fort Worth as recorded in Volume 6722, Page 476 of said Deed
Records of Tarrant County, Texas, from which a 3/4 inch iron rod found for comer in the south
line of said tract of land deeded to the City of Fort Worth and in the north right-of-way line of
said Dirks Road bears North 75 degrees 40 minutes 30 seconds West,a distance of 11.65 feet;
(3) THENCE North 13 degrees 34 minutes 02 seconds East, with the east line of said tract of land
deeded to the City of Fort Worth, a distance of 735.57 feet to a 5/8 inch iron rod with cap
stamped "GORRONDONA" set for the beginning of a curve to the left having a radius of
1060.00 feet, a central angle of 30 degrees 07 minutes 54 seconds and whose radius bears North
76 degrees 25 minutes 58 seconds West;
(4) THENCE with said curve to the left and with the east line of said tract of land deeded to the City
of Fort Worth, an arc length of 557.45 feet to a point for corner, from which a 3/4 inch iron rod
found for reference bears South 74 degrees 28 minutes 47 seconds West,a distance of 0.92 feet;
Y P
"q,D F
GORRONN)NA&ASSOCIA7tS.INC, 6707,SREWWOOb STAIR P.D. SUITE 5p FORT WORTH.TEXAS 76112 817.496-1424 FA-X 817-49(-1768
Parcel No. 105
Date: March 25, 2004
Exhibit A,
(5) THENCE North 16 degrees 33 minutes 51 seconds West, with the east line of said tract of land
deeded to tile City of Fort Worth, a distance of 1493.49 feet to a survey nail with washer stamped
"GORRONDONA" set for comer in the south right-of-way line of Dutch Branch Road (a
variable width right-of-way), said survey nail with washer stamped "GORRONDONA" being the
beginning of a non-tangent curve to tide right having a radius of 1178.22 feet, a central angle of
15 dee-roes 12 minutes 37 seconds and whose radius bears South 03 degrees 30 minutes 47
seconds East;
(6) THENCE with said non-tangent curve to the right a0d with the south right-of-way line of said
Dutch Branch Road, an arc length of 312.78 feet to a R.Q.W. Marker set for corner in the
proposed east right-of-way line of State Ilighway 121, said R.O.W. Marker being the northwest
corner of Block 26 of Park Palisades, an addition to the City of Fort Worth, "Tarrant County,
Texas as recorded in Cabinet A, Slide 4107 of the Plat Records of Tarrant County, Texas, said
R.O.W. Marker also being the beginning of a Control of Access Line, said R.O.W. Marker being
239.02 feet left of and at right angles to survey baseline station 763+78.34 of the proposed
survey baseline of State Highway 1.21;
(7) THENCE South 12 degrees 15 minutes 26 seconds East, with the proposed east right-of-way
line of said State Highway 121, with the west line of Block 26 of said Park Palisades and with
the said Control of Access Line, a distance of 235.72 feet to a R.O.W. Marker set for the
beginning of a curve to the right having a radius of 5969.58 feet,a central angle of 15 degrees 41
Minutes 31 seconds and whose radius bears South 77 degrees 44 minutes 34 seconds West;
(8) "CI:IENCE with said curve to the right, with the proposed east right-of-way line of said State
Highway 121, with the west line of BIock 26 of said Park Palisades and with the said Control of
Access Line, an arc length of 1634.92 feet to a R.Q.W.Marker set for corner;
(9) 'FIIENCL South 03 degrees 26 minutes 05 seconds West, with the proposed east right-of-way
line of said Slate Highway 121, with the west line of Block 26 of said Park Palisades and with
the said Control of Access Line, passing at a distance of 129.23 feet a 5/8 inch iron rod with cap
stamped "ANA" found for the southwest comer of Block 26 of said Park Palisades, and passing
at a distance of 180.26 feet a point for the southwest corner of said Park Palisades and for the
northwest comer of said 7.870 acre tract of land, in all, a distance of 346.08 feet to a 518 inch
iron rod with cap sminiped "GORRONDONA" set for corner in the west line of said 7.870 acre
tract of land;
(10) ` HENCE South 06 degrees 44 minutes 05 seconds West, with the west fine of said 7.870 acre
tract of land, a distance of 407.90 feet to a 518 inch iron rod with cap stamped"ANA" found for
corner;
01) THENCE South 25 degrees 56 runutes 51 seconds East, with the west line of said 7.870 acre
tract of land., a distance of 91.66 feet to a 5/8 inch iron rod with cap stamped "ANA" found for
corner in the proposed east right-of-way line of said State Highway 121, said 5/8 inch iron rod
with cap staniped"ANA"being in the said Control of Access Line;
GORRONPONA F ASS,OCIA'11'.S,INC. 6707 BRENTWOOD STAIR RU. S1111[50 TORT WORTH.TEXAS 761!2 317-49(,1474 rAX 817-496-1768
Parcel No. 105
Date: March 25,2004
Exhibit A,
(12) THENCE South 14 degrees 48 minutes 29 seconds West, with the proposed east right-of-way
line of said State Highway 121, with the west line of said 7.870 acre tract of land and with the
said Control of Access Line, a distance of 35.06 feet to the POINT OF BEGINNING and
containing 400,749 square feet or 9.200 acres of land, more or less.
Notes:
(1) A plat of even survey date herewith accompanies this legal description.
(2) All bearings are referenced to the project control for State Highway 121. All bearings
and distances are surface.
(3) All coordinates are grid coordinates, based on the Texas Coordinate System, NAD-83
(1993), North Central 'Lone, with a Combined Scale Factor for this Project of
0.99987971.
(4) Right-of-Way Markers are 518 inch iron rods with blue caps stamped "Gorrondona &
Assoc Inc Fort Worth Texas",unless otherwise noted.
(5) Access is prohibited across the "Control of Access Line" to the transportation facility
from the adjacent property.
I HEREBY CERTIFY TO THE NORTH TEXAS TOLLWAY AUTHORITY THAT THIS SURVEY
PREPARED BY ME WAS ACTUALLY MADE UPON THE GROUND AND THAT IT AND THE
INFORMATION, COURSES, AND DISTANCES SHOWN THEREON ARE CORRECT AND THAT
THE TITLE LINES AND LINES OF ACTUAL POSSESSION ARE THE SAME.
SURVEYED ON THE GROUND MARCH 19,2004
_� � •,�tiG
wd Kennedy *RF .S
RiotiAttD tCENhtEDI(
Registered Professional Land Surveyor 6527• ti
No. 5527 !Ab.9°FEss�o''cp¢
SUFN
GoKRUN DONA&ASSOCIATES.INC, 6707 i RLM11V CE)STAIR RD. 51JITE SO FORT WORTIL TEXAS 76112 817-446-1424 FAX 817.196-1768
Parcel No. 106
Date: Mar-ch 26,2004
Exhibit A, _
Being a 16.576 acre tract of land situated in the J. F. Heath Survey, Abstract No. 641, City of
Fort Worth, Tarrant County, Texas, said 16.576 acre tract of land being a portion of two tracts of
Iand described as Tract One and Tract Three deeded to Rall Properties, L.P. as recorded in
Volume 11405, Page 528 of the Deed Records of Tarrant County,Texas,said 16.576 acre tract of
land being;rnore particularly described by metes and bounds as follows:
BEGINNING at a R.O.W. Marker set for the intersection of the south right-of-way line of Dutch
Branch Road (a variable width right-of-way) with the proposed west right-of-way Iine of State
Highway 121, said R.O.W. Marker being 257.82 feet right of and at right angles to survey
baseline station 763+-01.49 of the proposed survey baseline of State Highway 121, from which a
5/8 inch iron rod with cap stamped "KHA" found for comer in the south right-of-way line of said
Dutch Branch Road bears South 83 degrees 29 minutes 22 seconds West, a distance of 276.49
feet,said R.O.W. Marker having grid coordinates of N=6;922,098.13 and E=2,301,790.48;
(1) THENCE North 83 degrees 29 minutes 22 seconds East,with the south right-of-way line
of said Dutch Branch Road, a distance of 14.01 feet to a 5/8 inch iron rod with cap
stamped "KHA" found for the beginning of a curve to the right having a radius of 20.00
feet, a central angle of 84 degrees 39 minutes 25 seconds and whose radius bears South
06 degrees 30 minutes 38 seconds East;
(2) THENCE with said curve to the right and with the south right-of-way line of said Dutch
Branch Road, an arc length of 29.55 feet to a 513 inch iron rod with cap stamped"KHA"
found for corner;
(3) THENCE North l I degrees 51 ininutes 13 seconds West, with the south right-of-way
line of said Dutch Branch Road, a distance of 30.27 feet to a 5/8 inch iron rod with cap
stamped"KHA" found for corner;
(4) THENCE North 83 degrees 29 minutes 22 seconds East, with the south right-of-way line
of said Dutch Branch Road, a distance of 46.14 feet to a 518 inch iron rod with cap
stamped "KHA" found for corner in the east line of said Tract One, said 5/8 inch iron rod
with cap starnped "KHA" being in the west line of a tract of land deeded to the City of
Fort Worth as recorded in Volume 6772, Page 521 of said Deed Records of Tarrant
County, Texas;
01:1 Ali 1 1191,
CITY
GORRONDONA&ASSOCIA'IT.S.INC. 6701 IwENTW(X)D STAIR RD. surrE 50 FOR'r WORTH.TEXAS 7GI12 HI/-41)6-1424 rAx 817.496-1164
Parcel No. 106
Date: March 26. 2004
Exhibit A,
;.
(5) THENCE South 16 degrees 33 minutes 51 seconds East, with the east line of said Tract
One and with the west line of said tract of land deeded to the City of Fort Worth, passing
at a distance of 172.20 feet a 5/8 inch iron rod found for the southeast corner of said Tract
One, in all, a distance of 1494.50 feet to a 5/8 inch iron rod with cap stamped "KHA"
found for the beginning of a curve to the right having a radius of 940.00 feet, a central
angle of 30 degrees 07 minutes 53 seconds and whose radius bears South 73 degrees 26
minutes 09 seconds West;
r
(6) THENCE with said curve to the right and with the west line of said tract of land deeded
to the City of Fort Worth, an are length of 494.34 feet to a 5/8 inch iron rod with cap
stamped "KHA" found for corner;
(7) THENCE South 13 degrees 34 minutes 02 seconds West, with the west line of said tract
of land deeded to the City of Fort Worth, a distance of 735.33 feet to a 5/8 inch iron rod
with cap stamped "KHA" found for corner in the south line of said Tract Three and in the
north right-of-way line of Dirks Road (C.R. 1043), a variable width right-of-way,said 5/8
inch iron rod with cap stamped "KHA" being the southwest corner of said tract of land
deeded to the City of Fort Worth, from which a 5/8 inch iron rod with cap stamped
"KHA" found for the southeast comer of said tract of land deeded to the City of Fort
Worth bears South 78 degrees 01 minutes 47 seconds East, a distance of 18.94 feet and
South 76 degrees 24 minutes 44 seconds East, a distance of 41.08 feet, said 5/8 inch iron
rod with cap stamped "KHA" being the southwest corner of a tract of land deeded to the
City of Fort Worth as recorded in Volume 6772, Page 476 of said Deed Records of
Tarrant County,Texas;
(8) THENCE North 78 Aegrees 12 minutes 1 I seconds West, with the south line of said
Tract Three and with the north right-of-way line of said Dirks Road, a distance of 88.01
feet to a 5/8 inch iron rod with cap stamped"KHA"found for comer;
(9) THENCE North 79 degrees 37 minutes 06 seconds West, with the south line of said
Tract Three and with the north right-of-way line of said Dirks Road, a distance of 102.71
feet to a point for corner, from which a 5/8 inch iron rod with cap stamped "KHA"found
for reference bears South 64 degrees 15 minutes 24 seconds East, a distance of 1.52 feet;
(10) THENCE North 06 degrees 45 minutes 53 seconds East, with the north right-of-way line
of said Dirks Road, a distance of 33.04 feet to a 5/8 inch iron rod with cap stamped
"KHA" found for the beginning of a non-tangent curve to the left having a radius of
3300.64 feet, a central angle of 02 degrees 41 minutes 34 seconds and whose radius bears
South 08 degrees 37 minutes 48 seconds West;
0,01MONEX)NA,ASSOCIA'17S.INC 6707 DRENTWODD STAIR RD. SUITE S0 FORT WOIL IL TEXAS 76112 517.496.1424 FAX 817496-1765
Parcel No. 106
Date: March 26,2004
Exhibit A,
(1 I) THENCE with said non-tangent curve to the left and with the north right-of-way line of
said Dirks Road, an ate length of 155.12 feet to a R.O.W. Marker set for earner in the
proposed west right-of-way line of said State Highway 121, said R.O.W. Marker being
the beginning of a Control of Access Line, from which a 5/8 inch iron rod with cap
stamped"KHA" found for the end of said non-tangent curve to the left bears an arc length
of 234.90 feet, said 5/8 inch iron rod with cap stamped "KHA" being in the north right-
of-way line of said Dirks Road, said R.O.W. Marker being 355.00 feet right of and at
right angles to survey baseline station 789+46.05 if the proposed survey baseline of State
Highway 121;
(12) THENCE North 06 degrees 47 minutes 33 seconds East, with the proposed west right-of-
way line of said State Highway 121 and with the said Control of Access Line, a distance
of 1106.56 feet to a R.O.W. Marker set for the beginning of a curve to the left having a
radius of 2864.79 feet, a central angle of 13 degrees 21 minutes 39 seconds and whose
radius bears North 83 degrees 12 minutes 27 seconds West;
(13) THENCE with said curve to the left, with the proposed west right-of-way line of said
State Highway 121 and with the said Control of Access Line, an are length of 668.04 feet
to a R.O.W. Marker set for comer;
(14) THENCE North 06 degrees 34 minutes 02 seconds West, with the proposed west right-
of-way line of said State Highway 121 and with the said Control of Access Line, a
distance of 567.00 feet to a R.O.W. Marker set for corner,
(15) THENCE South 83 degrees 25 minutes 58 seconds West, with the proposed west right-
of-way tine of said State Highway 121 and with the said Control of Access Line, a
distance of 32.10 feet to a R.O.W. Marker set for corner;
(16) T11ENCE North 11 degrees 15 minutes 18 seconds West, with the proposed west right-
of-way line of said State Highway 121 and with the said Control of Access Line, a
distance of 205.15 feet to the POINT OF BEGINNING and containing 722,040 square
feet or 16.576 acres of land, more or less.
CARHCINDONA E AS,SCX IATLS,INC, 6707 OKENTWOOD STAIR RD. SUITC 50 FORT WORTH,TEXAS 76112 81 7-4W 1424 FAX 917-496.1768
Parcel No. 106
Date: March 26, 2004
Exhibit A,
Notes:
(1) A plat of even survey date herewith accoinpanies this legal description.
(2) All bearings are referenced to the project control for State Highway 121. All
bearings and distances are surface.
(3) All coordinates are grid coordinates, based on the Texas Coordinate System,
NAD-83 (1993), Noah Central Zone, with a Combined Scale Factor for this
Project of 0.9998797I.
(4) Right-of-Way Markers are 5/8 inch iron rods with blue caps stamped "Gorrondona
&Assoc-Inc Fort Worth Texas", unless otherwise noted.
(5) Access is prohibited across the "Control of Access Line' to the transportation
facility from the adjacent property.
1 HEREBY CERTIFY TO THE NORTH TEXAS TOLLWAY AUTHORITY THAT THIS
SURVEY PREPARED BY ME WAS ACTUALLY MADE UPON THE GROUND AND
THAT IT AND THE INFORMATION, COURSES, AND DISTANCES SHOWN THEREON
ARE CORRECT AND THAT THE TITLE LINES AND LINES OF ACTUAL POSSESSION
ARE THE SAME.
SURVEYED ON THE GROUND MARCH 12, 2004
Richard Kennedy >' #
Registered Professional Land Surveyor `
No. 5527 R1C9Ar-bK6hE[}Y c
l ! al p' ' !527. . .,
ONRUNIYJNA S ASS(xtAlES.IN,. 6707 fiR[:NI1V000 STAIR RQ. SU77E-,o FTfr W ri{"1 I d, L"07-496-14 4 FAX U7 1768
EXHIBIT "B"
Special Warranty Deed
NOTICE OF CONFIDENTIALITY RIGHTS
IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE
FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED
FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER
OR YOUR DRIVER'S LICENSE NUMBER.
STATE OF TEXAS §
§ KNOW ALL PEOPLE BY THESE PRESENTS:
COUNTY OF TARR.ANT §
That Rall Properties, L.P., a Texas limited partnership ("Grantor/Donor"), has gifted and
additionally for and in consideration of the sum of Ten Dollars ($10.00) cash and other good and
valuable consideration paid by the City of Fort Worth, a home rule municipal corporation
organized under the laws of the State of Texas ("Grantee/Donee"), whose mailing address is
Bryan Beck, P.E., Project Manager, Southwest Parkway (SH 121 T), Engineering Department,
City of Fort Worth, 1000 Throckmorton Street, Fort Worth, Texas 76102-6311, the acceptance
and receipt of which is hereby acknowledged, HAS GRANTED, BARGAINED, GIFTED,
SOLD and CONVEYED, and by these presents DOES GRANT, BARGAIN, GIFT, SELL and
CONVEY unto Grantee/Donee all that certain land situated in Tarrant County, Texas, and
described on Exhibit "A" which is attached hereto and incorporated herein by reference for all
purposes, together with Seller's interest in the fee located south of Dutch Branch Road
underlying those certain grants set forth in those certain instruments recorded in Volume 6772,
Page 476, and Volume 6772, Page 521, Deed Records of Tarrant County, Texas, together with
any improvements and appurtenances thereon or in anywise appertaining thereto ("Property").
Grantor/Donor retains and reserves for Grantor/Donor and Grantor/Donor's heirs,
successors, and assigns forever all of the oil, gas and other minerals and groundwater in and
under and that may be produced from the Property but waives all rights of ingress and egress to
the surface thereof for the purpose of exploring, developing, mining or drilling for the same.
This conveyance is made subject to all existing liens, claims, easements, rights-of-way,
reservations, restrictions, encroachments, tenancies, oil, gas or mineral leases and any other
encumbrances on the mineral estate and any other encumbrances of whatsoever nature (herein
collectively called the "Permitted Encumbrances").
TO HAVE AND HOLD the Property, together with all and singular the rights and
appurtenances thereunto belonging, unto Grantee/Donee, and Grantee/Donee's successors and
assigns forever, and Grantor/Donor binds Grantor/Donor, and Grantor/Donor's successors and
assigns to WARRANT and FOREVER DEFEND, all and singular the Property unto
Grantee/Donee and Grantee/Donee's successors and assigns, against every person whomsoever
lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor/Donor,
but not otherwise, and further subject to the Permitted Encumbrances.
788117_8
EXECUTED THIS day of , 2006.
Rall Properties, L.P.,
a Texas limited partnership
By: BB Genpar, Inc., a Texas corporation,
General Partner
By:
Name:
Title:
STATE OF TEXAS §
§ SS
COUNTY OF §
This instrument was acknowledged before me on the day of , 2006,
by , the of BB Genpar, Inc., general partner of
Rall Properties, L.P., on behalf of said limited partnership.
My Commission Expires:
Notary Public in and for the State of Texas
[SEAL]
Notary Printed Name
788117_8
PROPOSED 80' R.O.W. (PRELIMINARY DESIGN)
RIVER HILLS, PHASE I CURVED MINOR ARTERIAL
BLOCK C. LOT 4AG
CAI
BINET B. SLIDE 1498 RALL RANCH NORTH
PRTCT BLOCK 1, LOT D
CABINET A. SLIDE 9206-
PRTCT
206PRTCT " y0AD
0 100 200
SCALE:
OUAIL RIDGE ESTATES g
BLOCK 8, LOT I
CABNEr A, SLIDE 174
PRTCT
LFE COVENANT CHURCH INC 'I
EXISTING
R.O.W.DEDICATION PROPERTY
LINE
25,880 sq.ft.
0.594 acres
EXISTING CENTERLINE
PROPOSED
R.O.W.LINE j 'rr2 VACATED R.O.W.
35,731 sq.ft.
R.O.W.DEDICATION ` 0.820 acres
14,579 sq.ft NET DEDICATION
0.335 acres 17,868 sq.$.
0.410 acres
I
LIFE COVENANT CHURCH INC PROPOSED CENTERLINE
0205363123
DRTCT
`` PROPOSED
R.O.W.
LINE
R.O.W.VACATION''
RALL PROPERTIES, L.P.
40,424 sq.ft VOLUME 11405, PAGE 528
0.928 acres u'2: PRTCT
10TRANSITION DEDICATED R.O.W.
IFOR CALCULATION53,599 sq.ft.
PURPOSES ONLY) 1.230 acres
LEFT OVER R.O.W.
4,779 sq.ft.
0.110 acres
I
EXISTING
PROPERTY EXISTING
LINE PROPERTY SOUTHWEST FORT WORTH
LINE AMBULATORY SURGERY
CENTER, L.P.
D205346086
DRTCT
BBLOCK O0.LOTSr6 19S PROBABLE ADDITIONAL R.O.W.
CABINET r A, SLOE 6279 FROM EXISTING TRACT
7,508 sq.ft.
0
0.172 acres
a
0
m
PROPOSED
o
R.0.W.
Q LINE
EXISTING CENTERLINE
PROPOSED CENTERLINE
e
0
Dff ROA D- —
o WEST SIDE DEDICATION-40,459 SO.FT.
o WEST SIDE VACATED+40,424 SQ.FT. 1 Dunaway ( ..,-
NET DEDICATION- 35 SQ.FT. 1 Assocaates,L I�..!•�...
rlrri ar.V I�,M1YRnn�
a relNSNm.rsIlRSN.
0
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/15/2006
DATE: Tuesday, August 15, 2006
LOG NAME: 30SWPRALLP REFERENCE NO.: L-14234
SUBJECT:
Authorize Acquisition of Parcels 103, 105 & 106 from Rall Properties, L.P., Located in Southwest
Fort Worth for Right-of-Way for the Southwest Parkway (S.H. 121)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the payment of $7,318,336.00 to Rall Properties, L.P., to acquire real property for right-of-
way of the Southwest Parkway (S.H. 121) and estimated closing costs of$33,010.85;
2. Authorize the appropriate City representatives to execute the documents necessary to complete the
purchase of a total of 35.447 acres included in Parcels 103, 105 and 106 as more fully described in Exhibit
"A"; and
3. Authorize the payment of $1,175,000.00 to Rall Properties, L.P., in the event the City can not obtain
the necessary right-of-way for the construction of Harris Parkway.
4. Accept a donation from Rall Properties, L.P., of the remaining underlying interest in 3.78 acres of a
right of way easement dedicated to the City of Fort Worth in 1979 and located between Parcels 105 and
106.
DISCUSSION:
On December 13, 2005, (M&C G-15035) the City Council declared the necessity of taking a partial or whole
interest in 53 parcels needed for the right-of-way of the Southwest Parkway. The City Council also
authorized the City Attorney to institute condemnation proceedings, if needed, to acquire fee simple interest
in those properties.
In addition to the $7,318,336.00 to be paid for the fee interest in parcels 103, 105 and 106, the negotiated
settlement calls for the City to construct Harris Parkway, from Dutch Branch to Dirks Road, along an
alignment acceptable to both the City and Rall Properties, L.P. The agreement requires the City to obtain
the necessary right-of-way for this alignment by the end of 2006. In the event the City in unable to retain the
necessary right-of-way, the City's obligation to construct Harris Parkway will terminate and the City will
make an additional payment to Rall in the amount $1,175,000.00. The $1,175,000.00 is the City's
estimated cost for this realignment.
In addition, Rall Properties, L.P. is donating their remaining interests in a 3.78 acre tract that is encumbered
by a right-of-way easement.
As required under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,
the City commissioned an independent appraisal from Tom Kyser, SRA, MAI, to determine the fee simple
value for the takings. The City has assembled a right-of-way acquisition team to assist in the negotiation
,ogname: 60SOUTHWEST Page 1 of 2
and acquisition of the properties. Negotiations have ended and the City's team is recommending that the
referenced property be purchased. In return for the payment, the City will receive fee title to the property
needed to construct the Southwest Parkway.
The negotiated price is acceptable to the property owner and the use of the City's eminent domain power
will not be necessary.
This parcel is located in COUNCIL DISTRICT 3.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the
Grants Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
GR76 541100 030302943410 $8,526,346.85
Submitted for City Manager's Office bX Marc A. Ott(8476)
Originating Department Head: A. Douglas Rademaker(6157)
Additional Information Contact: Bryan Beck (7909)
,ogname: 60SOUTHWEST Page 2 of 2