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Home My WebLink AboutContract 34129Displacee: Subject Property Address: Subject Property Description: Parcel Number: THE STATE OF TEXAS COUNTY OF TARRANT '16T1' ��.C'��T,-�1�Y ,��'Ji��l "��`�f��,C f �� . SALES AGREEMENT Enrique & Araceli Castruita 3500 Columbus Ave., Fort Worth, TX Block 5, Lot 10, Airport Acres FTW 2112 ) ) L In consideration of $ 62,000.00 to be paid, in cash, to EnriQue & Araceli Castruita, hereinafter referred to as "Owner" (whether one or more natural persons or legal entities), and the covenants herein contained, the Owner agrees to sell, convey and transfer, to the City of Fort Worth, hereinafter referred to as "City", all that certain lot, tract or parcel of land and improvements located thereon ("Propert}�') as described in Exhibit A, attached hereto and made a part hereof. 2. This agreement shall constitute a firm offer by Owner to sell the Property for the price and on the conditions and terms herein set forth, but it shall not be binding upon City until the City Council of Fort Worth has formally accepted and approved this agreement in a regular, open, public meeting of the Fort Worth City Council of Fort Worth. Owner agrees that this offer is contingent upon approval by the City of Fort Worth Council 3. Owner agrees to convey the Property to City free and clear of all liens, claims, easements, rights-of-way, reservations, restrictions, encroachments, tenancies, and any other encumbrances (collectively, the "Encumbrances") except the Encumbrances appearing in the Title Commitment (as defined below in Section 4) that are not cured and that are subsequently waived pursuant to Section 4 below ("Permitted Encumbrances"). Owner agrees to convey the Property by a General Warranty Deed in a form approved by City. 4. City shall obtain, at City's sole cost and expense, a Commitment for Title Insurance ("Title Commitment"). If the Title Commitment discloses any Encumbrances or other matters which are not acceptable to City, as determined in City's sole discretion, then City shall give Owner written notice specifying City's objections ("Objections"). If City gives such notice to Owner, Owner shall use its best efforts to cure the Objections. If City gives notice of Objections and Owner does not cure the Objections within thirty days from date Objections are sent from City, then City, in lieu of completing the purchase of the Property under the terms of this agreement, can, at its sole option and election, proceed to acquire same by condemnation proceedings; in such event, Owner hereby agrees to be bound by the award of the special commissioners appointed by the Court in their determination of market value and damages, if any. 1 „ , ,t "��'�;J��. �� 'l� �� . �'�i ��, ��, 5. Owner shall be responsible for removing any environmentally hazardous waste products on the Property, including, but not limited to, paint cans, pesticides, any containers with unidentified liquids or solids, oil and gasoline cans, plus any other containers with unidentified substances, from the Property prior to vacating the Property. 6. Real estate taxes for the current year will be pro-rated to the date of closing. All real estate taxes due on the Property for prior years shall be paid by Owner at Closing. City shall pay all the standard closing costs, excluding liens and encumbrances of record which shall be the responsibility of the Owner. 7. This contract is performable in Tarrant County, Texas, in which County venue shall lie. This Contract shall be governed by and construed in accordance with the laws of the State of Texas. 8. The City is purchasing this Property for Meacham International Airport Mitigation Program provided however, this provision shall not be construed as any limitation on the fee simple title to the above property to be conveyed to the City. 9. Owner does hereby expressly grant to the City, its agents, employees, contractors and assignees a Right of Entry under, over and across the Property described in Exhibit A, attached hereto and made a part hereof for all intents and purposes. 10. Special Provisions: (a) Closing shall occur once the Objections to the Title Commitment have been cured by Owner or waived by City and Owner has received "Closing Notice" from City's representatives. The "Closing Notice" shall state the date time and place for closing the transaction. (b) So long as Owner does not choose to remain on the Properiy after closing, City shall have possession at closing. (c) Owner may remain in occupancy of the Property for fifteen (15) days from the date of closing ar ninety (90) days a$er receipt of "Notice to Vacate" from City that a comparable replacement dwelling is made available, whichever date is later. If Owner is unable to purchase or move to a replacement dwelling within the (90) days from "Notice to Vacate", the City may allow the Owner to lease the herein described Property on a month-to-month tenancy basis, at a monthly rental rate of $1,010.00, however in no event will the City allow Owner to lease the Properly for longer than 90 days. (d) Owner understands and agrees that while Owner remains and occupies the Property after closing date, Owner shall be responsible for all costs associated with (1) maintenance of the Property, (2) all utility charges related to the Property, and (3) maintaining a minimum of $300,000 in general liability coverage to provide protection for personal injury and death, along with renter's insurance to cover Owner's contents. (e) If Owner chooses to remain and occupy the Property after closing, Owner shall provide a certificate of insurance of the type and amount stated in 10(c) at closing to be effective from the date of closing. 2 ,.,_-�� -.ri-n�� L;' �I�I [ �„ Y'd'L' f W t�1S 5� ��,IJ ��j ��?(� ll�j� �!, r�'`�:JU��W� U�GJ. 1 l. This Agreement (including the attached exhibits) contains the entire agreement between Owner and City, and no oral statements or prior written matter not specifically incorporated herein is of any force and effect. No modifications are binding on either party unless set forth in a written document executed by the parties. �/ �` � ` u-�'� Executed in multiple originals this, the-�day of , 2006. Owner(s) � Cf . C' �/ � v ��i� L' S� ✓ c�✓ (7 �`�� F-� � Enri ue Castruita Social Security Number DL# � �� C� r� i f ,�� ( u ��' ��; �� j � . � , -� � � � � c� � � � c> > j� Araceli Castruita c Social Security Number DL# City of Fort Worth � � � � �� T.� �� .�,-a/�r..,��: Marc A. Ott Assistant City Manager ASSI TANT CITY ATT�RN�Y fLttesced By: THE STATE OF TEXAS § COUNTY OF TARRANT § � __- —�— - • iita�-t}� Hendri�� :,itv ;ecr�t,��, ��•��r BEFORE ME, the undersigned authority, on this day personally appeared _.___ ___ ___, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the City of Fort Worth, a municipal corporation of Tarrant County, Texas, for the purposes and consideration therein expressed. ,� GIVEN iTNDER MY HAND AND SEAL OF OFFICE, this �'�� day of • �� - ,�.� , 2006. ��,.,.� .,�, �,w��,..� ,� r.xr;;=� � • °< €a��r�€� ��r�� " M9Y CC�fVi(�ISuiC3N I�Y.PiRE� i ; �.<�" July �Ci, 2U(3/ � �' � � ; � ,�� ' • �� otary Public far and in the State of Texas ��— = , �� W� 'tS��i�'�1� �� 1� ��.°��,. � ra,�(1� � U `�S ��, vU��n, �L��, l� 1�' �"`�� =- �^c�ntract Autho�izatio� I � fl - -- Date STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, personally appeared � �;� known to me to be the person whose name is subscribed as OWNER to the for oing Agreement, and who acknowledged to me that the foregoing instrument was read in its entirety and understood and was executed for the purposes and consideration expressed therein. GIVEN UNDER MY HAND AND SEAL OF OFFICE this � day of , 2006. `o, ,�� ; ,, PAIRICIA ZAPAiA BENTON - . '.� ! Notary Public, State of Texas " '•;GV �� : My Commission Expires ��''�^��`'�� Se iember 19 20 7 �� ''��'' p �� Notary Pubhc for and m the tate of exas STATE OF TEXAS COUNTY OF TARRANT § BEFORE ME, the undersigned authority, personally appeared��.'�� 5�,,,�-� lcnown to me to be the person whose name is subscribed as OWNER to the foregoing Agreement, and who acknowledged to me that the foregoing instrument was read in its entirety and understood and was executed for the purposes and consideration expressed therein. GIVEN UNDER MY HAND AND SEAL OF OFFICE this �day of-� , 2006. ��':�""b:� PATRICIA 2APATA BENTON ,o : • a ": Notary Public, State of Texas � �� . My Commission Expires �"•%'%f i`*r' September 19, 2007 '�•.,,,",�,,.��` . � Notary Public for an in the State of Texas RETURN TO: Fort Worth Meacham International Airport Mitigation Office 4200 N. Main St., Suite 230 Fort Worth, Texas 76106-2749 Attn: Mitigation Program Manager Fax Number: (817) 626-2445 Phone(817)626-2400 � �, � �, �, _ �. �, �, . �i��.�lc��l at��v'�� i�;l ��G�� 1�� . t�:"�lU°1�W, ��• EXHIBIT A ATTACHMENT C LEGAL DESCRIPTION: Lot 10, Block 5 of AIRPORT ACRES ADDITION, to the City of FORT WORTH, TARRANT County, Texas, according to the plat recorded in Volume 1792, Page 91, of the Deed Records of TARRANT County, Texas. -----.- . —=--_,,,: ,_ . . � �.� -;, � �; - ,_. J��'�Ji��l ��v'�''�' ��ti� �� °?�1 ��. �'��lp�, ��, City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/12/2006 DATE: Tuesday, September 12, 2006 LOG NAME: 30MEACHAM5CON REFERENCE NO.: **L-14243 SUBJECT: Acquisition of Five Single-Family Residential Properties Located on the West Side of Meacham International Airport, Fort Worth, Texas, for the Meacham International Airport Mitigation Program (DOE 5101) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the acquisition of five Single-Family Residences (SFR) from the individual owners as detailed below in conjunction with the Meacham International Airport Mitigation Program; 2. Find that the prices offered plus an estimated real estate tax prorated amount not to exceed $8,000.00 for a total cost of $280,000.00 is just compensation; and 3. Authorize the acceptance and recording of appropriate instruments. DISCUSSION: These acquisitions are in connection with the Federal Aviation Regulations (FAR) Part 150 Noise Study for Meacham International Airport utilizing the grant funds of $3,400,000.00 for Land — Noise Compatibility of which $170,000.00 is the City match. On August 24, 2004, (M&C G-14473) the City Council approved the acceptance of a grant from the Federal Aviation Administration (FAA). The formal Grant Agreement was offered to the City on August 22, 2005 and was signed and accepted on August 24, 2005, (City Secretary Contract No. 32232). The grant allows the City to acquire fee simple title or other property interests to tracts of land within the 65 LDN (Day-Night Sound Level), as identified in the Meacham International Airport Noise compatibility Program/FAR Part150 Study. The acquisition amounts are based on independent appraisals together with independent review appraisals that comply with FAA land acquisition requirements. In addition to paying the just compensation amounts as listed below, City staff recommends that any weed liens filed by the City on the properties be released up to a maximum of $2,000.00, thereby providing the sellers with the settlement amounts as established. These properties are located in the 65 LDN and are voluntary sales. The land will be cleared of the residential improvements and incorporated into the airport boundary for future development. The properties to be acquired based on the appraised value amounts are as follows: Logname: SSSPINKS RAMP Page 1 of 2 Parcel Seller 2104 Conchas, Alberto & Maria 2107 Smith, Bradley & Maria 2108 Smith, Bradley & Maria 2112 Castruita, Enrique 2129 Marquez, Mary Total Just Compensation Amount Estimated Real Estate Tax Amount Total Estimated Cost Address Leaal 3515 Chestnut Ave. Lot 18, Blk 5 Airport Acres Addition 3509 Chestnut Ave. Lot 15, Bik 5 Airport Acres Addition 3507 Chestnut Ave. Lot 14, Blk 5 Airport Acres Addition 3500 Columbus Ave. Lot 10, Blk 5 Airport Acres Addition 3414 Columbus Ave. Lot 13, Blk 4 Worth Hills Addition These properties are located in COUNCIL DISTRICT 2. Price Propertx $38,500.00 SFR $65,000.00 SFR $56,000.00 SFR $62,000.00 SFR $50,500.00 SFR $272,000.00 8 000.00 $280,000.00 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Airports Grant Fund. TO Fund/AccountlCenters Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: FROM Fund/Account/Centers G R 14 541100 055218974400 $280, 000.00 Marc A. Ott (8476) A. Douglas Rademaker (6157) Mark Thigpen (8366) Logname: SSSPINKS RAMP Page 2 of 2