HomeMy WebLinkAboutContract 34765COMMERCIAL CONTRACT OF SALE
THE STA�'E OF TEXAS
COUNTY OF TARRANT
.
�or�p ����������v
�4J1`��1 1!"'1�^ k i,"�S� o _�_ ���
BY THIS AGREEMENT AND CONTRACT:
1. PARTIES. THE CITY OF FORT WORTH, TEXAS (hereinafter referred to
as "Seller"), agrees to sell and convey to MARSHALL T. ROBINSON (hereinafter referred to
as "Purchaser"), and Purchaser agrees to buy from Seller the following property situated in
Tarrant County, Texas.
2. PROPERTY. Subject to the terms and conditions of this Agreement, Seller shall
sell and convey to Purchaser, and Purchaser shall purchase, accept and pay foi•, the real property
desc�ihed in the attached Exhibit "A," together with all and singular the rights and appurtenances
pertaining to the property, including any right, title and interest of Seller in and to adjacent
streets, alleys or rights-of-way (the "Land"), as well as the improvements (the "Improvements")
now in existence upon the Land (all of which Land and Improvements and other rights ai•e herein
referred to as the "Property"), except that Seller• shall retain all mineral interests in the Property.
However, Seller shall waive any and all rights of ingress and egress upon or across the surface of
the Property for purposes of exploring for or developing oil, gas, hydrocarbons or other minerals.
3. CONTRACT SALES PRICE. The purchase price is exactly Two Hundred One
Thousand and No/100 Dollars ($201,000.00), payable in cash to Seller at time of closing.
4. EARNEST MONEY. None.
5. COMMITMENT. Purchaser shall obtain within twenty (20) days after the
effective date of this Contract a commitment for Title Insurance (the "Commitment") and legible
copies of restrictive covenants and documents evidencing exceptions in the Commitment othei�
than the standard printed exceptions. Purchaser shall have five (5) days after the receipt of the
Comtnitment to object in writing to matters disclosed in the Commitment, other than the
Promulgated Exceptions identified below.
6. SURVEY. None.
7. TITLE AND SURVEY APPROVAL. If Purchaser raises objections to any item
appearing in the Commitment, Seller shall have until closing to cure the same. If the objections
are not then satisfied, this Contract shall terminate without further obligation to Purchaser or
Seller, unless Purchaser elects to waive the unsatisfied objections and complete the purchase. If
Pw•chaser fails to raise any objections within the specified time periods permitted hereunder,
Purchaser shall be deemed to have approved the Commitment. Any unsatisfied exceptions
which have been waived or otherwise not objected to in accordance with the provisions of this
paragraph, as well as the Promulgated Exceptions identified below, shall be hereinafter
collectively referred to as "Permitted Exceptions."
COMMERCIAL CONTRAC'T OF SALE
PAGE 1
�. p,y = , � , �,: < ;
�;i�7�\:JIS.� };�".:�`���•"�—�
�!�:��'j ::i.sl�� ���C �' ^r�
:.�; �il ��� .
�yJ :' .,..U';.J�....
�`It �'j,':.^;:`i�I �;?��1
U� .: ✓: i _�;':.
8. TITLE POLICY. Seller shall furnish to Purchaser, at Seller's expense, an
Owner's Policy of Title Insurance (the "Title Policy") issued by RATTIKIN TITLE COMPANY
(the "Title Company") in the amount of the sales price, dated at or after closing, insuring
Purchaser against loss under the provisions of the Title Policy, subject to the promulgated
exclusions (including existing building and zoning ordinances) and the following exceptions:
(a) Restrictive covenants common to the platted subdivision in which
the Property is located;
(b) The standard printed exception for standby fees, taxes for the
current and subsequent years, and subsequent assessments for prior years
due to changes in land usage or ownership;
(c) Liens created as part of the financing for the purchase of the
Property;
(d) Utility easements created by the dedication deed or plat of the
subdivision in which the Property is located;
(e) Reservations or exceptions otherwise permitted by this Contract, or
as may be approved by Purchaser in writing;
(� The standard printed exception as to discrepancies, conflicts,
shortages in area or boundary lines, encroachments or protrusions, or
overlapping improvements;
(g) The standard printed exception as to marital rights;
(h) The standard printed exception as to waters, tidelands, beaches,
streams and related matters.
(hereinafter referred to as the "Promulgated Exceptions").
9. TITLE. Seller represents and warrants to Purchaser that at the closing, Seller
' will have and will convey to Purchaser good and indefeasible title to the Property, fi•ee
and clear of any and all encumbrances, except the Permitted Exceptions.
� 10. INSPECTION PERIOD. None.
11. CLOSING. 31 � 2oa'I
� 3a+W� `-J
A. The closing of this Contract shall be held on or before Pi�,�m�•r ,
?�9�, or at such other time as the parties may mutually agree, at the offices of Rattilcin
Title Westside (Attn: Jeffrey A. Rattikin), 5020 Collinwood Ave., Suite 400, Fort Worth,
Texas 76107 (herein referred to as "Closing Agent").
COMMERCIAL CONTRACT OF SALE
PAGE 2
B. At the closing, Seller, at Seller's expense, shall furnish tax statements or
certificates showing no delinquent taxes since its ownership, and deliver to Purchaser a
Special Warranty Deed conveying good and indefeasible title to the Property, subject
only to the Permitted Exceptions.
C. At closing, Purchaser shall execute an agreement releasing Seller of all its
obligations contained in Paragraph 13 of City of Fort Worth Contract attached
hereto as Exhibit `B."
12. POSSESSION. Possession of the Property shall be delivered by the Seller to the
Purchaser on date of closing, in its present condition, ordinary wear and tear excepted.
Any possession by Purchaser prior to closing or by Seller after closing that is not
authorized by a temporary lease between the parties shall establish a landlord-tenant at
sufferance relationship between the parties.
13. CLOSING COSTS. All closing costs shall be paid by the Put•chaser.
14. PRORATIONS. None.
15. CASUALTY. Prior to closing, risk of loss with regard to the Property shall be
borne by Seller. If, prior to closing, the Property is destroyed or damaged, to any extent
whatsoever, Purchaser may, in Purchaser's sole discretion, terminate this Contract, and
neither party hereto shall have any further rights or obligations hereunder.
16. DEFAULT. If Purchaser fails to consummate the Contract for any reason, except
for Seller's default or the termination of this Contract by Purchaser pursuant to the teims
and provisions hereof, Purchaser shall be in default, and Seller may either (a) enforce
specific performance, seek such other relief as may be provided by law, or both, or
(b) terminate this Contract and receive the Earnest Money as liquidated damages, thereby
releasing both parties from this Contract. If Seller fails to comply with this Contract,
Seller shall be in default and Purchaser may either (a) enforce specific performance, seelc
such other relief as may be provided by law, or both, or (b) terminate this Contract and
receive the Earnest Money, thereby releasing both parties from this Contract.
17. PARTIES' REPRESENTATIONS, WARRANTIES AND COVENANTS.
A. "As Is, Where Is." Except as expi•essly set forth in this Contract,
Purchaser acknowledges that Seller has not made and does not make any warranties or
representations as to the physical condition of the Property, or any other matter affecting
or related to the Property (other than warranties of title as provided and limited herein).
Purchaser expressly agrees that to the maximum extent permitted by law, the Property is
conveyed "AS IS" "WHERE IS" and "WITH ALL FAULTS," and Seller expressly
disclaims, and Purchaser acknowledges and accepts that Seller has disclaimed, any and
all representations, wai7anties or guaranties of any kind, oral or written, express or
implied (except as to title as herein provided and limited) concerning the Property,
including, without limitation, (i) the value, condition, merchantability, habitability,
marlcetability, profitability, suitability or fitness for a particular use or � os�; of the
r. ,4{'?"i "
1\d J J J �� . . .. � . .
r��C
C0�4MERCIAL CONTRACT OF SALE V � � `' t:•' .. , .
� ''t i
;:�; �;: �, Ii� � ��'�
PAGE3 � J J::U9l� u :�� �
f' • _._...-.I
Property, including without limitation, the water, soil and geology, (ii) the manner or
quality of the construction, or the materials, if any, incoipot•ated into the construction, of
any improvements to the Property, (iii) the manner of repair, quality of repair, state of
repair or lacic of repair of any such improvements, (iv) compliance with any
environmental protection, pollution ot� land use laws, i•ules, regulations, order or
requirements, including, without limitation, those pertaining to solid waste, or the
disposal or existence, in or on the Property, of any hazardous substances. Purchaser shall
rely solely on its own investigation of the Property and not on any information provided
or to be provided by the Seller or any other party, its agents or contractors. Purchaser and
Seller shall not be liable or bound in any manner by any verbal or written statements,
i•epresentations or information pertaining to the Property or the operation thereof,
furnished by any party purporting to act on behalf of the other party.
Purchaser represents that he shall make (i) all inspections of the Property to determine its
value and condition deemed necessary or appropriate by Purchaser, including, without
limitation, inspections far the presence of asbestos, pesticide residues, hazardous waste,
and other hazardous materials and (ii) investigations to determine whether any portion of
the Property lies within any flood hazard area as detei•mined by the Federal Emergency
Management Agency, the U. S. Army Corps of Engineers or other applicable authority.
These representations, warranties and covenants shall suivive the closing.
18. NOTICES. All notices shall be in writing and effective when delivered at the
addresses shown herein below.
19. FEDERAL TAX REQUIREMENT. If Seller is a"foreign person," as defined
by applicable law, or if Seller fails to deliver an affidavit that it is not a"foreign person,"
then Purchaser shall withhold fi•om the sales proceeds an amount sufficient to comply
with applicable tax law and deliver the same to the Internal Revenue Seivice, together
with appropriate tax forms. IRS regulations require filing written reports if cash in
excess of specified amounts is received in the transaction.
20. CLOSING AGENT. Seller and Purchaser acknowledge and agree that Closing
Agent:
A. is not a party to this Contract and does not assume or have any liability for
performance or non-performance of any signatory;
B, has the right to require fi•om all signatories a written release of liability of
the Closing Agent which authorizes the disbursement of the Earnest Money;
C. is not liable for interest or other charge on the funds held;
D. is not liable for any losses of escrow funds caused by the failure of any
banlcing institution in which the funds have been deposited by Closing Agent;
COMMERCIAL CONTRACT OF SAI.E
PAGE4
E. the closing documents shall be prepared only pursuant to the instructions
of SELLER and PURCHASER, by an attorney of the choice of the respective party.
21. BROKER'S FEE. Purchaser and Seller hereby represent and wari•ant each to the
other that no commission, finder's fee or lilce payment will be due in connection with the
transfers described in this Contract and that neither such party has had any dealings with
any party or parties that would give rise to a claim for a commission, finder's fee or lilce
payment. If such representation or warranty is false in any respect, then the party causing
such representation and war•ranty to be false shall be fully and completely responsible for
such commission, finder's fee or like payment and shall indemnify and hold the other
party fully and completely harmless from such claim and any and all costs and expenses
that might be incurred in connection with such claim, including, without limitation, any
and all costs and expenses incurred in negotiating or disputing such claim. ,
22. ASSIGNMENT. Purchaser may not assign his interest in this Contract to any
other party without the prior written consent of Seller. However, notwithstanding
anything herein to the contrary, Purchaser has the right to assign his interest in this
Contract, without Seller's consent, to any entity under the common ownership or control
of Purchaser, or to an entity who is a successor by merger or acquisition with or of
Purchaser.
23. COMPLETE AGREEMENT. There are no verbal agreements or
representations by Purchaser or Seller which are not set out in writing in this Contract.
This Contract contains the entire agt•eement of the parties and cannot be changed except
by their written agreement.
24. MERGER. Any portion of this Contract not otherwise consummated at the
closing will not survive the closing, but will be merged into the closing and be considered
a nullity unless otherwise specifically expressed herein.
25. BINDING EFFECT. This Contract shall inure to the benefit of and bind the
parties hereto, and their respective heirs, legal representatives, successors and assigns.
26. TIME. TIME IS OF THE ESSENCE OF THIS CONTRACT.
27. FUTURE DOCUMENTATION. Seller and Purchaser each agree to execute
any further documents which may be required in order to effectuate the purposes of this
Contract.
28. GOVERNING LAW. This Contract shall be construed and interpreted under the
laws of the State of Texas, and all legal proceedings to interpret or enforce this contract
shall be brought in the appropriate court located in Tarrant County, Texas.
29. ENFORCEABILITY. In case any one or more of the provisions contained in
this Contract shall, for any reason, be held to be invalid, illegal or unenforceable in any
respect, such invalidity, illegality or unenforceability shall not affect any other provision
COn4n4ERCIAL CONTRACT OF SALE
PAGe 5
hereof, and this Contract shall be construed as if such invalid, illegal or unenforceable
provision had never been contained herein.
30. ATTORNEYS' FEES. Should either party employ an attorney or attorneys to
enforce any of the provisions hereof, the non-prevailing party in any final judgment
agrees to pay the other party all reasonable costs, charges and expenses, including
attorneys' fees, expended or incurred in connection herein.
31. 1VIULTIPLE COUNTERPARTS. This Agreement may be executed in
multiple original counte�parts, each of which when taken together shall constitute one
and the same instrument.
EXECUTED on the dates stated below. The effective date of this Contract shall be the
date of execution by the party who is the last to sign.
SELLER:
THE CITY OF FORT WORTH, TEXAS
�� � �
By: �� � --�-�__«.�
._
Printed Name: M�rc A. Ott
Title: /�.�i�fi�nt Ci�y M�nager
Date of Execution: i`" .�:� �-- � t�
Seller's Address:
1000 Throckmorton Street
Fort Worth, TX 76102
PURCHASER:
`�,
. ' �� .
,f �` ,
�%�,�j��' �_ ,-y� �� ���
Marshall T. Robinson
Date of Execution: /4 3/ d�
Purchaser's Address:
6232 Indian Creek Drive
Fort Worth, TX 76107-3526
RECEIPT of Contract is hereby acknowledged this day of , 2006.
--������� � —° RATTIKIN TITLE COMPANY
Contract �uthorizmtia�
__�,u 1`����—Q�.o� ,
Date
B�.
���`"T-., .�- � �� � ��
�` '��._e, ; ��
- �E� �, � �
��.r"�z"'=; ��d ��r'�a�at� ������I��o
A�...�.. �
� ��;��.���:� ���t�`�' �lTY ATTORPi�Y
CO�ItitERCIAL CONTRACT OF SALE
Pa.ce 6
Escrow Officer
_..,.,..,�. • ' .iJ''�a�„J.:L 1.5\��✓'.�:�i
� �' �/ �';��5�7�� ;�;�
:JJL' v4F;'1. I�:1:��
- - -
_ L �•,,
�'
, �.1 �. : ; j ,� !( � , ��; � , �� � � %i: o
_.i���, .�;�C;�C�til� " ��,
EXIiIBIT "A"
County: Tarrant
CSJ No: 8643-02-002
West Vickery Blvd.
Parce] No: 8
Page 1 of 2
June 14, 1999
Being 1,667.985 square meters (17,954 square feet) of land situated in Lots 3& 5, Block 3, Jennings
South Addition, being an ut�recorded addition to the City of rort Worth, Tarrant County, Texas, and
being a portion of that certain tract of land conveyed to Marshall T. Robinson by deed recorded in
Volume 6998, Page 9� of tlie Deed Records of Tarrant County, Texas, said ],667.985 square meter
(17,954 square foot) tract of land being inore particularly described by metes and bounds as follows:
BEGINNING at a point not set being 15.000 'meters (49.21 feet) northwesterly from and at right
angles to centerline station 0+349.459 from which a five-eighths inch iron rod with yellow p�astic
cap marked "WLA" set bears �outh O1 degrees 33 minutes 19 seconds V+�est a distance of 4.446
meters (14.59 feet) for reference, also from said point not set is the northv��est corner of said
Robinson tract of land, said point being at the intersection of the existing east right of way line oF
College Avenue (a 18.288 meter or 60 foot wide righ�-of-way) and the existing south right of way
line of Vickery Boulevard (a variable.width right-of-way) and bears Nort}1 O1 degrees 33 minutes
19 seconds East, a distance of 62.528 meters (205.14 feet) with the west line of said Robii�son tract
and the said existing east right-of-way line of College Avenue;
(l) THENCE, along the proposed northwesterly right of way line, North 51 degrees 48 minutes
44- seconds East, a distance of 79.441 meters {260.63 feet) to a five-eighths inch iron rod with
yellow plastic cap marked "WLA" set in the east line of said Robinson tract and the west line
of Lot 2 and that certain tract of land conveyed to Plaza Investment Associates II by deed
recorded in volume 9225, page 1777 of said Deed Records, said point also lying along the
face of an existing masonry building;
(2) THENCE, along the cotnmon line between said Lots 2 and 3, Block 3, �outh Ql degrees 33
minutes 21 seconds West a distance of 39.016 meters (128.01 feet) to a five-eighths inch iron
rod with yellow plastic cap marked "WLA" set in the proposed southeasterly right of way line
of Vickery Boulevard;
(3)' THENCE, with said proposed southeasterly right of way line, South 51 degrees 48 minutes
44 seconds West, a distance of 25.627 meters (84.08 feet) to a five-eighths inch iron rod with
yellow plastic cap marked "WLA" set in the south line of said Robinson tract and the existing
north right of way line of Jarvis Street, (a 12.192 meter or 40 foot wide right of way);
�xhibit � -�
,., � , j�-: ;;., ;;-,
!(,;�:� �,;,;i;yL 'j'�i��Vb�d;O
Page � of �� � ,� `��?��;'`' r`''si'T
,, l- ������ ����
�U, �:�?�.;�;i;l��, �L�L?�
'�,
�
Parcel No: 8
Page 2 of 2
(4) THENCE, along the south line of said Robinson tract and the said existing north right of way
line, North 88 degrees 13 minutes O1 seconds West a distance,of 41378 meters (135.76 feet)
to a five-eighths inch iron rod with yellow plastic cap marked "WLA" set at the southwest
corner of said Robinson tract, said point also being in the existing east right of way line of
College Avenue; .
(5) THENCE, along the west line of said Robinson tract and the said existing east right of way
line of Colleg8 Avenue, North Ol degree 33 minutes 19 seconds East a distance of 4.446
meters (] 4.59 feet) to the POINT OF BEGINNING of the herein described tract and
containing 1,667.985 square meters (17,954 square feet) of land.
A plat of even survey date herewith accompanies this legal description.
SURVEYED ON THE GROUND JUNE 1999
LONNY GILLESPIE, R.P.L.S. 5261
Note: English units are provided for reference only.
Note: Basis of Bearings-Proposed Centerline of West Vickery Boulevard.
H:�98023VegaAvic�8.wpd .
�xhibit �
Page � of .3
�
�
�
N
�
W
�
W
�
Q
W
W
�
O
U
u
FXISTING R.O.W.
RCC
VICKERY B�ULEV ARD
A VARIABLE WIDTH R.O.W.
JENNINGS SOUTH
ADDITION
(UNRECORDED)
P.R.T.C.T.
LOTS 3 AND 5 ���
BLOCK 3 �`260�
; g ���
; 1
MARSHALI� T. ROBINSON �°�
9• ° Qo�'� �
Vol. 6938, P 94 5
♦'
►
3:" ms K�ic�r
I.IARKED WLA
(D.R.T.C.T.) �e-� � / �,-�;I -
0+349.459
_
P.O.B. .
� NOT SET
= FfLLS ON
� TOP OF WPLI.
f �s w��,�
� i ��R�-,�:,�-----
N88"l3'0/"W
N01'33:19"E
4.446m(14.59'J
��� �� ,�oo �;
� K� � O O / ON� �i
�� � �F' '
,
f '
� � ; � Qo .
,
, ,
i - - '--'------"---" �
-'-"""'-"-'--"', _�
�, Q�� ;
`r . ,
.�
� 1,667.985 sq.m
�\G �` C17,s54 S.F.J
i
�
�,%° �
o� - �`' :
,oe/ ; -----------,
%��C, ; � Q`
G '
„
� „
„
„
�-------------=�; �---------�'-�--w.c,w
� MARKED WLA
'- - -� •
4l.378m(135.76'I
N
�
0
3'e � r�5 wi�na
MARKEO WLA
'—�' -- PLAZA INVEST. ASSOC. II
J AR V I S S T R E E T Vol. 9225, Pg. 1777
12.192m (40.00' ) (D.R.T.C.T.)
� . SARAH GREY JENNIN� SURV EY
GRAPHIC /-1BST � S�� '
Om 5m tOm ��= A LEGAL DESCPoPTIPN AT EVEN
_ GRAPMC SCAL.E B/lAS OF BEARR{CS-PROPOSED CE7,TERLRJE SURVEY DATE FlEREWITH
0' 15' 3D' ��ST VICKIItY BOUIEV/JtD. ICCOA��S TFCS PLAT.
LEGEND
onsre+c e.o.w. u�
vaoP¢mr u+E �
caem urE -- --
��. � � �.E m
� � �
� � —x—X—
� � ---------
�RS
�b �—
�� �
� � � �T i+a�ss o�uo��w� � ura�n
SET aD- 7�OOT �tONff� OL9C .SE7 � N COHC7ETE
Ra - rac«aim,c►m com�s
�.A,.�-�TOM 4F"�R�..iC
i' ►�o�r�.�' '�..+E
'( f�- CXL �bENIlY' 1fL\OR D5TIMICE
paL�C�C�� �
A PLAT OF A SURVEY OF A 1,667.985 sq. m
(17,954 S.F.) TRaCT OF LAND
IN THE S.G. JEN�lINGS SURVEY
ABSTRACT NUN�BER &44
AND BEING PART OF LOTS 3& 5 BLOCK 3
OF THE JENNINGS SOUTH ADQlTJON
CITY OF �ORT 1�'ORTH
TARRAPiT CflUNTY, TEX1�.S
�X�llblt �
, ,;_ ^ � -�w
����,,;.� �,, ���� �,
� ,.s ��:�
�,1 , �. � ��� ����c
vl�,l� �'�`v'�����.''� v
.„-��j U. �n
5I�� '.�.:: ,�}'� ���. U � I �'� G�� �
� U� �•�•' �✓ �'�% �
Page 3: [i] Deleted DTAdmin
PURCHASER'S OBLIGATIONS AFTER CLOSING.
�xhibit�_1�'�
Page /_ ��� _z
10/16/2006 11:22:00 AM
A. Within nine (9) months after closing, Purchaser shall complete the
following actions, at Purchaser's sole cost and expense:
(1) The Purchaser will demolish the entire building
situated on the east side of the Property (the "Demo
Building"), and remove all debi•is and rubbish; and
(2) The Purchaser will repair all common and/or party
walls between the Demo Building and the building
(hereinafter referred to as the "Retained Building")
remaining on the west side of all land retained by Seller
adjacent to the Property (herein referred to as "Seller's
Remainder Property"), in a manner reasonably acceptable
to Seller.
B. As soon as reasonably practicable after closing, Purchaser shall
complete the following actions, at Purchaser's sole cost and expense:
(1) The Purchaser will approve curb cuts on Seller's
Remainder Property as follows:
(a) from the old Vickery Blvd. into Seller's half
of the abandoned College Avenue right-of-way;
(b) from the old Vickery Blvd. into that portion
of Seller's Remainder Property at the former
location of the Demo Building; and
(c) from the new Vickery Blvd. into the area of
Seller's Remainder Property immediately sough of
the Retained Building.
(2) The Purchaser will consider the use of head-in
parking along the old Vicicery Blvd. on Seller's Remainder
Property, subject to the approval of the director of
Transportation and Public Worlcs;
(3) The Purchaser shall construct and maintain a six (6)
foot sidewallc, a two and one-half (2-%z) foot strip and a one
(1) foot strip between the curb and the right-of-way line in
fi•ont of Seller's Remainder Property bordering the new
Vicker•y Blvd.;
(4) The Purchaser will not assess any paving
assessment against Seller's Remainder Property due to the
relocation and/or construction of Vicker Blvd. `��� �"� �� �`�`
y � �. S,� � �, ��^;:��'
ji ' ",f 1 � ��:,� � G�! � :!l � ��+J J��
� �.
�v���� ;�,�,.-f���� ��u��i
� .v� �.
�tl�r���^�����Iu� G�G�1�
'?'sv� ��
�xhibit..v..,,��' _
���� �- c�� Z
The obligations contained in this Paragraph 13 shall survive closing.
{�I rY �E�REiA�`� � �" lS�---�
C(�NTRAGT NO ,
SETTLEMENT AND RELEASE AGREEMENT
WHEREAS, the City of Fort Worth ("City") entered into an agreement with Marshall T.
Robinson ("Robinson") to purchase the property ("Property") described in Exhibit "A" for the
Vickery Street Project. A copy of the Purchase Contract ("Contract") is attached as Exhibit "B";
and
WHEREAS, under the Contract, City agreed to perform various items after closing. A
list of all of the City's obligations are described in Exhibit "C" ("City Obligations"); and
WHEREAS, the City cancelled the Vicicery Street Project and agreed to sell the property
bacic to Robinson; and
WHEREAS, as part of the agreement to sell the property to Robinson, Robinson agreed
to release City of the City Obligations.
NOW THEREFORE, in consideration of the mutual promises described herein, the parties
to this settlement and release agreement agree as follows:
(1) Certification. Robinson certifies that it has not and will not assign its rights to
enforce City to perform the City Obligations contained in the Contract.
(2) Release. For and in consideration of the City selling the Property to Robinson under
City Secretary Contract Number 34765 and the terms of this Settlement and Release Agreement,
Robinson has this day RELEASED, ACQUITTED, and FOREVER DISCHARGED the City of
Fort Worth, Texas, its agents, servants, and employees, from any and all claims, demands or causes
of action of any kind whatsoever, at common law, statutory, or otherwise, which Robinson has now,
known ar unlcnown, now existing, directly or indirectly attributable to the City Obligations
contained in the Contract and releases City from performing the City Obligations, it being intended
by the Settlement and Release Agreement to RELEASE, ACQUIT and FOREVER DISCHARGE
all claims of any l�ind which Robinson might have against City for non-performance of the City
Obligations.
(3) Payment and Other Consideration. Robinson grants this Settlement and Release for
and in consideration of City selling and conveying the Property to Robinson.
(4) Adequacy of Consideration. The consideration expressed herein is hereby accepted in
satisfaction of all claims and damages sustained or ever to be sustained arising out of the City
Obligations and in full and complete discharge of the parties released herein.
SETTLEMENT AND RELEASE AGREEMENTPage 1 of 3
(5) No Re�resentations. Robinson further represents and warrants that it has read the terms
of this Settlement and Release Agreement, that it understands and voluntarily accepts the terms, and
that no promise or representation of any lund has been expressed or implied to it by the parties
hereby released or by anyone acting for those hereby released, except as expressly stated in this
Settlement and Release Agreement. Robinson represents and warrants that he is the only person or
entity entitled to recover any damages from the released party arising out the City Obligation. In
that regard, Robinson repi•esents and warrants that it is not relying upon any advice of the parties
hereby released, or the attorneys or representatives of those hereby released.
(5) Effectiveness. This Settlement and Release Agreement shall become effective
immediately upon conveyance of the Property fiom City to Robinson.
Marshall T. Robinson
F ��
i` f ., " C
�� 0 .
,' �-' `�
,L'!/ �' i , .
, f"
By: Marshall T. Robinson
City of Fort Worth
�Vlarc �. Ott� �
Assistant Ci Manager
Form and Legality
�
Assistant City Attorney
SETTLEMENT AND RELEASE AGREEMENTPage 2 of 3
STATE OF TEXAS
COUNTY OF TARRANT
�
BEFORE ME, the undersigned, a notary public in and for the State of Texas, on this day
personally appeared Marshall T. Robinson, lcnown to me to be the person who executed the
foregoing instrument and acicnowledged to me that, he executed the same for the purposes and
consideration therein expressed; as his free and voluntary act and deed after ha�ing fully read it, and
after realizing the effect thereof to be a full and final release of the City of Fort Worth, for any
matter or thing dealt with in the foregoing instrument; and that the same was executed by him
without any threat, force, fraud, duress, or representation of any kind by any person whomsoever.
GIVEN IJNDER MY IIAND AND SEAL OF OFFICE, this arl� day of t'���uQ,�y
Zoo�.
r
,, ��F, �, JE��REY A. R�;TTIKIr,` '�
�� �,:, , i��C� ' f�RY PtJBi�IG
����� �>T;-�? F_ O� TEXAS
�l ;, Pn, orru�i. Exp. 7_-21-2010
_s`s-
= _ -��,. � a;;:.. _ �-`s"=��>
STATE OF TEXAS �
COUNTY OF TARRANT §
� r
// �j `
/
�,�" � � -
Notaiy Public in and for the State of Texas
BEFORE ME, ,�Pj�: y���:� � r,���— , the undersigned Notary Public, in
and for the county and state aforesaid, on this /'�� day of �` �.�z-� , 2007, personally
appeared %��,�� L4=�� , who being by me first duly sworn on oath, deposed and said
that he is lcnown to me to be the person whose name is subscribed to the foregoing instrument,
that he has read the foregoing Agreement and acknowledged to me that he executed the same for
the purposes and consideration therein expressed on behalf of the City of Fort Worth.
;�i�Y `�;; ROSELLA BARNES
*: '*` A4Y COMMI5510N EXPIRES
:'�; �±;.� March 31, 2009
"'•%���pf,�
-rz:a.,-.G�� ,/h l �.-L� —>��
Notary Public, in and for the State of Texas
SETTLEMENT AND RELEASE AGREEMENTPage 3 of 3
��.
E�HIBIT "A"
�
County:. Tarrant:
CSJ No: 8643-Q2-002
West Vickery Blvd.
Parcel No: 8
Page 1 of 2
June 14, 1999
Being 1,667.985 squaze meters (17,954 square feet) of land situated in Lots 3& 5, Block 3, Jennings
South Addition, being an unrecorded addition to the City of Fort Worth, Tanrant County, Texas, and
being a portion of tt�at certain tract of land conveyed to MarshaIl T. Robinson by deed recorded in
Volume 6998, Page 9� of ttie Deed Records of Tarrant County, Texas, said 1,6G7.985 square meter
(17,954 square foot) tract of land being more particularly described by metes and bounds as follows:
BEGINNING at a point not set being 15.000. meters (49.21 feet) northwesterly from and �t r�ght
angles.to centerline station.0+349.459 from which a five-eighths inch iron rod with yeIlow ptastic
cap marked "WLA" set bears �outh O1 degrees 33 minutes 19 seconds West a distance of 4.4-46
meters (14.59 feet) for reference, also from said point not set is the northvvest corner of said
Robinson tract of land, said point being at the intersection of the existing east right of way line of
College Avenue (a 18.288 meter or 60 foo[ wide righ�-vf-way) and the existing south �ight of way
line of Vickery Boulevard (a variable.width right-of-way) and bears North O1 degrees 33 minutes
19 seconds East, a distance;of 62.528 meters (205.14 feet) with the west line of said Robinson tract
and the said existing east right-of-way line of College Avenue;
(1) THENCE, along the proposed northwesterly right of way line, North 51 degrees 48 minutes
44 seconcls East, a distance of 79.441 meters (260.63 feet) to a�ve-eighths inch iron rod with
yellow plastic cap marked "WLA" set in the east line of said Robinson tract and the west line
of Lot 2 and that certain tract of land conveyed to Plaza Investment Associates II by deed
recorded in volume 9225, page 1777 of said Deed Records, said point also lying along the
'face of an existing masonry bui]ding;
(2) THENCE, along the common line between said Lots 2 and 3, Block 3, South Ql degrees 33
minutes 21 seconds West a distance of 39.016 meters (128.01 feet) to a f ve-eighths inch iron
rod with yellow plastic cap marked "WLA" set in the proposed southeasterly right of way line
of Vickery B oulevaxd; �
(3)' THENCE, with said proposed southeasterly right of way line, South 51 degrees 48 minutes
4-4 seconds West, a distance of 25.627 meters (84.08 feet) to a five-eighths inch iron rod with
yellow plastic cap marked "WLA" set in the south line of said Robinson tract and the existing
north right of way line of Jarvis Street, (a 12.192 meter or 40 foot wide right of way);
�Xillblt � _
Page � af 3
��
�
Parcel No: g
Page 2` of 2
(4) THENCE, along the south line of said Robinson tract and the said existing north right af way
Iine, North 88 degrees 13 minutes O1 seconds West a distance,of 41.378 meters (I35.76 feet)
to a five-eighths inch iron rod with yeIlow plastic cap marked "WLA" set at the southwest
corner of said Robinson tract, said point also being in the existing east right of way line of
College Avenue; �
(5) THENCE, along the west Iine of said Robinson tract and the said existing east right of way
line of Colleg� Avenue, North O1 degree 33 minutes 19 seconds East a distance of 4.446
meters (14.59 feet) to the POINT OF BEGINNING of the herein described tract and
containing 1,667.985 square meters (17,954 square feet) of land.
A plat of even survey date herewith accompanies this legal description.
SURVEYED ON THE GROUND JUNE 1999 �
LONNY GILLESPIE, R.P.L.S. 5261 �
Note: English units are provided for reference only.
Note: Basis of Bearings-Proposed Centerline of West Vickery Boulevard.
H:198023Uega11vic08.wpd .
�Xiilb(t �
Page Z of .3
�
W
C�
J
J
O
U
�
�
0
Ei
�;
N'
��
;
N:
�o E
_;
°�;�,
:
9
P.O.B.
EXISTING
RCC
w.
�f�KE�Y BO�LEV'�F�D
A VARIABLE V�ffDTH R•0•W-
'JENN(NGS SOUTH
ADDITION
(UNRECORDED)
P.R.T.C.T.
_. �
LOTS 3 AND 5
BLOCK 3 �
1�l
; � ��
, �
. ,�
,
,
,
.; .
��
6j
, Q
MARSHALI� T. ROBINSON ; o�°� �
Vol. 69�38, Pg. 94 QoS� ��
(D.R.T.C.T.) ¢�° � �� ,/
� �
,
� '
lt� � , ; O � , � ��o
� / k
149.21'J �� ; �05� ' .
15 OOOm � � � —1 Q �
- - -- ----------------------
0*349.459 � � Q�� - -
- G�-�' ,/ 1,667.985 sq.m
HOT SET
� FflLS ON
, TOP aF wN..�
�`►�xi�o'in:i�-- ------ � " --- �__,___ f_�_.
!
-- ---N88'13''OI"W �' .
N01'33:19"E �
4.446m(14.59'� / - .
N JARVIS
12.192m
g:• rt�s reiciw
u�a�.� tn:+.
�
�`
�' N
o;
��
, �
�v'
,
�; o
; J
�;
,
o'
,
�; /
;
. ; _
�,
�\ ; � ; C17,354 S.F.] ;
, �• �
� , ,
�O��O ' i e-° ,�,� ' �:
p`� -��' ; oy�° � AD` p��� ;
pQ� �-; ---------� Q�oe �� � � ��
�. �
i � � � �
�� , .. �2 ,
\-------------�-'----------34Y-�-�ric� nG�• �
'>.' ��o wta V
-----=� •�
4/.3i8m(135.76'1 -
�.� �� w,�,� �
M�wKeo wu
- - -�'- -- PLAZA INVEST. ASSOC. II
S T R E E T vo�_ 9?2s, Pg. ����
(40.00' ) (D.R.T.C.T.)
. SARAH GR�Y JEI�IV lNG SURV EY
�R��� 5��� ABST. 8�4 - .
Om Sm 10m ��, ; A LEGAL DES�TION AT EVEN
CRAPtAC SGAL� B/lAs bF BEMNCS-PFtoposm CE?tiERiME sURVEY D0.TE F1EA�EWfTH
0' 15' 3D� OF NE57 YK�ffRY BDtiLEVM0. ACCOA�PtAES iFeS PLAT.
LEGEND
Oa6tNC R0.N. L!E
IROf�ERiY L.�E �
COUtJ�Y UE -- —�
�.���� m-
� � �
,� ,� —x—X—
� � ---------
�_
IU�I.ROM �—
�� �
- °'���o"� , �,"�,�
:�4? �� 7a00f �T���L67C�3t7-11'L'P7�7E
�-��
'r.oa•-'roerr sF't�u+ax
` ;�-���
�t � := r.xt z�c'xmoa usrx+c�
'' paG�C�C�L� �
A PLAT OF A SURVEY OF A 1.667.985 sq. m
(17,954 S.FJ TRkCT OF LANO
IN THE S.G. JENNINGS SURVEY
ABSTRACT NUt�BER 844
AND BEING PART OF LOTS 3& 5 BLOCK 3
-OF THE JENNiNGS S�UTl-1 .ADQ1TaQt�
�lTj' :OF.. FORT :YdORTH
TA�R�it�fT �G�UN�i'.; ��;�S
Exhibit �
Page � �f�.
CiTY SECRE7�R� �-7 �
CC�f�TRACT Np . l
COIVIN�RCIAL COP�TRACT OF SAI:E
THE STATE OF TEXAS §
§ BY THIS AGREEMENT AND CONTRACT:
COUNTY OF TARRANT §
1. PARTIES. THE CITY OF FORT WORTH, TEXAS (hereinafter referred to
as "Seller"), agrees to sell and convey to MARSHALL T. ROBINSON (hereinafter referred to
as"Purchaser"), and Purchaser agrees to buy from Seller the following property situated in
Tarrant County, Texas.
2. PROPERTY. Subject to the terms and conditions of this Agreement, Seller shall
sell and convey to Purchaser, and Purchaser shall purchase, accept and pay for, the real property
described in the attached E�ibit "A," together with a11 and singular the rights and appurtenances
pertain'ing to the property, ineluding any right, title and interest of Seller in and to adjacent
streets, alleys or rights-of-way (the "Land"), as well as the improvements (the "Improvements")
now in existence upon the Land (all of which Land and Improvements and other rights are herein
referred to as the "Property"), except that Seller shall retain all mineral interests in the Property.
However, Seller shall waive any and all rights of ingress and egress upon or across the surface of
the Property for purposes of exploring for or developing oil, gas, hydrocarbons or other minerals.
3. CONTRACT SALES PRICE. The purchase price is exactly Two Hundred One
Thousand and No/100 Dollars ($201,000.00), payable in cash to Seller at time of closing.
4. EARNEST MONEY. None.
5. COMMITMENT. Purchaser shall obtain within twenty (20) days after the
effective date of this Contract a commitment for Title Insurance (the "Commitment") and legible
copies of restrictive covenants and documents evidencing exceptions in the Commitment other
than the standard printed exceptions. Purchaser shall have five (5) days after the receipt of the
Comrriitment to object in writing to matters disclosed in the Commitment, other than the
Promulgated Exceptions identified below.
6. SURVEY. None.
7. TITLE AND SURVEY APPROVAL. If Purchaser raises objections to any item
appearing in the Commitment, Seller shall have until closing to cure the same. If the objections
are not then satisfied, this Contract shall terminate without further obligation to Purchaser or
Seller, unless Purchaser elects to waive the unsatisfied objections and complete the purchase. If
Purchaser fails to raise any objections within the specified time periods permitted hereunder,
Purchaser shall be deemed to have approved the Commitment. Any unsatisfied exceptions
which have been waived or otherwise not objected to in accordance with the provisions of this
paragraph, as well as the Promulgated Exceptions identified below, shall be hereinafter
collectively referred to as "Pernutted Exceptions."
COMMERCIAL CONTRACT OF SALE
PAGE I , , )
EXHIBIT "B"
8. TITI�E. PO`LICY. �eller shall furnisk to Purchaser; at Seller's expense, an
Owner's Policy of Title Insurance (the "Title Policy") issued by RATTIKIN TITLE COMPANY
(the "Title Company") in the amount of the sales price, dated at or after closing, insuring
Purchaser against Ioss under the provisions of the Title Policy, subject to the promulgated
exclusions (including existing building and zoning ordinances) and the following exceptions:
(a) Restrictive covenants common to the platted subdivision in which
the Property is located;
(b) The standard printed exception for standby fees, taxes for the
current and subsequent years, and subsequent assessments for prior years
due to changes in land usage or ownership;
(c) Liens created as part of the financing for the purchase of the
Property;
(d) Utility easements created by the dedication deed or plat of the
subdivision in which the Property is located;
(e) Reservations or exceptions otherwise permitted by this Contract, or
as may be approved by Purchaser in writing;
( fl The standard printed exception as to discrepancies, conflicts,
shortages in area or boundary lines, encroachments or protrusions, or
overlapping improvernents;
(g) The standard printed exception as to marital rights;
(h) The standard printed exception as to waters, tidelands, beaches,
streams and related matters.
(hereinafter referred to as the "Promulgated Exceptions").
9. TITLE. Seller represents and warrants to Purchaser that at the closing, Seller
' will have and will convey to Purchaser good and indefeasible title to the Property, free
and clear of any and all encumbrances, except the Permitted Exceptions.
• 10. INSPECTION PERIOD. None.
11. CLOSING. r 31 �a�
� a� � �
A. The closing of this Contract shall be held on or before l�(o ,
2,BA'�, or at such other time as the parties may mutually agree, at the offices of Rattikin
Title Westside (Attn: Jeffrey A. Rattikin), 5020 Collinwood Ave., Suite 400, Fort Worth,
Texas 76107 (herein referred to as "Closing Agent").
COMMERCIAL CONTRACT OF SALE
PAGE2
B. At the- closing, Seller, at �eller's expense, shatl furnisYt tax statements or
certificates showing no delinquent ta�ces since its ownership, and deliver to Purchaser a
Special Warranty Deed conveying good and indefeasible title to the Property, subject
only to the Permitted Exceptions. .
C. At closing, Purchaser shall execute an agreement releasing Seller of all its
obligations contained in Paragraph 13 of City of Fort Worth Contract attached
hereto as Exhibit "B."
12. POSSESSION. Possession of the Property shall be delivered by the Seller to the
Purchaser on date of closing, in its present condition, ordinary wear and tear excepted.
Any possession by Purchaser prior to closing or by Seller after closing that is not
authorized by a temporary lease between the parties shall establish a landlord-tenant at
sufferance relationship between the parties.
13. CLOSING COSTS. All closing costs shall be paid by the Purchaser.
14. PRORATIONS. None.
15. CASUALTY. Prior to closing, risk of loss with regard to the Property shall be
borne by Seller. If, prior to closing, the Property is destroyed or damaged, to any extent
whatsoever, Purchaser may, in Purchaser's sole discretion, terminate this Contract, and
neither party hereto shall have any further rights or obligations hereunder.
16. DEFAULT. If Purchaser fails to consummate the Contract for any reason, except
for Seller's default or the termination of this Contract by Purchaser pursuant to tl�e terms
and provisions hereof, Purchaser shall be in default, and Seller may either (a) enforce
specific performance, seek such other relief as may be provided by law, or both, or
(b) terminate this Contract and receive the Earnest Money as liquidated damages, thereby
releasing both parties from this Contract. If Seller fails to comply with this Contract,
Seller shall be in default and Purchaser may either (a) enforce specific performance, seek
such other relief as may be provided by law, or both, or (b) terminate this Contract and
receive the Earnest Money, thereby releasing both parties from this Contract.
17. PARTIES' REPRESENTATIONS, WARRANTIES AND COVENANTS.
A. "As Is, Where Is." Except as expressly set forth in this Contract,
Purchaser acknowledges that Seller has not made and does not make any warranties or
representations as to the physical condition of the Property, or any other matter affecting
or related to the Property (other than warranties of title as provided and limited herein).
Purchaser expressly agrees that to the maximum extent permitted by law, the Properiy is
conveyed "AS IS" "WHERE IS" and "WITH ALL FAULTS," and Seller expressly
disclaims, and Purchaser acicnowledges and accepts that Seller has disclaimed, any and
all representations, warranties or guaranties of any kind, oral or written, express or
implied (except� as to title as herein provided and limited) concerning the Property,
including, without limitation, (i) the value, condition, merchantability, habitability,
marketability, profitability, suitability or fitness for a particular use or purpose, of the
CO1viMERC1AL CONTRACT OF SALE
PAGE 3
Property,. inGluding without limitation, the water, soil and geology, (ii} the manner or
quality of the construction, or the materials, if arry, incorporated into the construction, of
any improvements to the Property, (iii) the manner of repair, quality of repair, state of
repair or lack of repair of any such improvements, (iv) compliance with � any
environmental protection, pollution or land use laws, rules, regulations, order or
requirements, including, without limitation, those pertaining to solid waste, or the
disposal or existence, in or on the Property, of any hazardous substances. Purchaser shall
rely solely on its own investigation of the Property and not on any information provided
or to be provided by the Seller or any other party, its agents or contractors. Purchaser and
Seller shall not be liable or bound in any manner by any verbal or written statements,
representations or information pertaining to the Property or the operation thereof,
furnished by any party purporting to act on behalf of the other party.
Purchaser represents that he shall make (i) all inspections of the Property to determine its
value and condition deemed necessary or appropriate by Purchaser, including, without
limitation, inspections for the presence of asbestos, pesticide residues, hazardous waste,
and other hazardous materials and (ii) investigations to determine whether any portion of
the Property lies within any flood hazard area as determined by the Federal Emergency
Management Agency, the U. S. Army Corps of Engineers or other applicable authority.
These representations, warranties and covenants shall survive the closing.
18. NOTICES. All notices shall be in writing and effective when delivered at the
addresses shown herein below.
19. FEDERAL TAX REQUIREMENT. If Seller is a"foreign person," as defined
by applicable law, or if Seller fails to deliver an affidavit that it is not a"foreign person,"
then Purchaser shall withhold from the sales proceeds an amount sufficient to comply
with applicable tax law and deliver the same to the Internal Revenue Service, together
with appropriate tax forms. IRS regulations require filing written reports if cash in
excess of specified amounts is received in the transaction.
20. CLOSING AGENT. Seller and Purchaser acknowledge and agree that Closing
Agent:
A. is not a party to this Contract and does not assume or have any liability for
performance or non-performance of any signatory;
B. has the right to require from all signatories a written release of liabiliiy of
the Closing Agent which authorizes the disbursement of the Earnest Money;
C. is not liable for interest or other charge on the funds held;
D. is not liable for any losses of escrow funds caus�d by the failure of any
banking institution in which the funds have been deposited by Closing Agent;
COMMERCIAL CONTRAC'f OF SALE
PAGE 4
E. the clasing documer�ts shall be pregarec� only pursuar�t to the. instructions
of SELLER and PURCHASER, by an attomey of the choice of the respective party.
21. BROKER'S FEE. Purchaser and Seller hereby represent and warrant each to the
other that no commission, finder's fee or like payment will be due in connection with the
transfers described in this Contract and fhat neither such party has had any dealings with
any party or parties that would give rise to a claim for a commission, finder's fee or like
payment. If such representation or warranty is false in any respect, then the party causing
such representation and warranty to be false shall be fully and completely responsible for
such commission, finder's fee or like payment and shall indemnify and hold the other
party fully and completely harmless from such claim and any and all costs and expenses
that might be incurred in connection with such claim, including, without limitation, any
and a11 costs and expenses incurred in negotiating or disputing such claim. ,
22. ASSIGNMENT. Purchaser may not assign his interest in this Coniract to any
other party without the prior written consent of Seller. However, notwithstanding
anything herein to the contrary, Purchaser has the right to assign his interest in this
Contract, without Seller's consent, to any entity under the common ownership or control
of Purchaser, or to an entity who is a successor by merger or acquisition with or of
Purchaser.
23. COMPLETE AGREEMENT. There are no verbal agreements or
representations by Purchaser or Seller which are not set out in writing in this Contract.
This Contract contains the entire agreement of the parties and cannot be changed except
by their written agreement.
24. MERGER. Any portion of this Contract not otherwise consummated at the
closing will not survive the closing, but will be merged into the closing and be considered
a nullity unless otherwise specifically expressed herein.
25. BINDING EFFECT. This Contract shall inure to the benefit of and bind the
parties hereto, and their respective heirs, legal representatives, successors and assigns.
26. TIME. TIME IS OF THE ESSENCE OF THIS CONTRACT.
27. FUTURE DOCUMENTATION. Seller and Purchaser each agree to execute
any further documents which may be required in order to effectuate the purposes of this
Contract.
28. GOVERNING LAW. This Contract shall be construed and interpreted under the
laws of the State of Texas, and all legal proceedings to interpret or enforce this coniract
shall be brought in the appropriate court located in Tarrant County, Texas.
29. ENFORCEABILITY. In case any one or more of the provisions contained in
this Contract shall, for any reason, be held to be invalid, illegal or unenforceable in any
respect, such invalidity, illegality or unenforceability shall not affect any other provision
COMMERCIAL CONTRACT OF SALE
PAGE S
hereof, and this Contract shall be construed as if such invaIid; illegal or unenforceable
provision had never been contained herein.
30. ATTORNEYS' FEES. Should either parly employ an attorney or attorneys to
enforce any of the provisions hereof, the non-prevailing party in any final judgment
agrees to pay the other party all reasonable costs, charges and expenses, including
attorneys' fees, expended or incurred in connection herein.
31. MULTIPLE COUNTERPARTS. This Agreement may be executed in
multiple original counterparts, each of which when taken together shall constitute one
and the same instrument.
EXECUTED on the dates stated below. The effective date of this Contract shall be the
date of execution by the party who is the last to sign.
SELLER:
THE CITY OF FORT WORTH, TEXAS
�
B � � � /� �
y� ` , -
Printe�d Name: � Marc A. Ott
Title: As�sist�nt City Manager
Date of Execution: � �` � � � /
Seller's Address:
1000 Throckmorton Street
Fort Worth, TX 76102
PURCHASER:
/
������ . �� �
Marshall T. Robinson
Date of Execution: /G 3/ D
Purchaser's Address:
6232 Indian Creek Drive
Fort Worth, TX 76107-3526
RECEIPT of Contract is hereby acknowledged this day of , 2006.
� ���� `� RATTIKIN TITLE COMPANY
Cor.trac�. Auth,oriaati.o�
- - L V, - - _ _ -��,.
I�P1tg
B3':
�F'P�(JVED AS 1'O
��Fi A LEGALITY:
� ��';� � :r��f�° ClTY ATTORNEY
COMMERCIAL CONTRACT OF SALE
PAGE E
Escrow Officer
�ttes�ed ��o
� �`�-`"�_
n(ar.t�T Hendrii� y
1,IL`V Secretar�;
�
E�IBIT nAn
�
County: Tarrant
CSJ No: 8643-02-002
West Vickery Blvd.
Parcel No: 8
Page 1 of 2
June 14, 1999
Being 1,667.985 sqvare meters (17,954 square feet) of Iand situated in Lots 3& S, Block 3, Jennings
South Addition, being an unrecorded addition to the City of Fort Worth, Tarrant County, Texas, and
being a portion of th�,at certain tract of land conveyed to Marshall T. Robinson by deed recorded in
Volume 6998, Page 9� of tFie Deed Records of Tarrant County, Texas, said 1,667.985 square meter
(17,954 square foot) tract o� land being more particularly described by metes and bounds as follows:
BEGINNING at a point not set being 15.000. meters (49.2I feet) northwesterly from and at r�ght
angles to centerline station .0+349.459 from which a five-eighths inch iron rod with �yeIlow ptastic
cap marked °WLA" set bears $outh O1 degrees 33 minutes 19 seconds West a distance of 4.446
meters (14.59 feet) for reference, also from said point not set is the rtorttiwest corner of said
Robinson tract of land, said point being at the intersection of the existing east right of way line of
College Avenue (a 18.288 meter or 60 foot wide righ�-of-way) and the existing south right of way
line of Vickery Boulevard (a variable.width right-of-way) and bears North O1 degrees 33 minutes
19 seconds East, a distance;of 62.528 meters (205.14 feet) with the west line of said Robinson tract
and the said existing east right-of-way line of College Avenue;
(1) THENCE, along the proposed northwesterly right of way Iine, North 51 degrees 48 minutes
44 secvnds East, a distance of 79.441 meters (260.63 feet)�to a five-eighths inch iron rod with
yellow plastic cap mazked "WLA" set in the east line of said Robinson tract and the wesk line
of Lot 2 and that certain tract of land conveyed to Plaza Investment Associates II by deed
recorded in volume 9225, page 1777 of said Deed Records, said point also lying along the
'face of an existing masonry bui]ding;
(2) THENCE, along the common line between said Lots Z and 3, Block 3, 5outh �l degrees 33
minutes 21 seconds West a distance of 39.016 meters (128.01 feet) to a five-eighths inch iron
rod with yellow plastic cap marked "WI.A" set in the proposed southeasterly right of way iine
of Vickery Boulevard; �
(3)' THENCE, with said proposed southeasterly right of way line, South 51 degrees 48 minutes
44 seconds West, a distance of 25.627 meters (84.08 �eet) eo a five-eighths inch iron rod with
yellaw plastic cap marked "WLA" set in the sou[h Iine of said Robinson tract and the existing
north right of way line of Jarvis Street, (a 12.192 meter or 40 foot wide right of way);
Exhibit � _
Page � of 3
��
�
Parcel No::B
Page 2' of 2
(4) THENCE, along the south line of said Robinson tract and the said existing north right of way
line, North 88 degrees 13 minutes O1 seconds West a distance,of 41.378 meters (135.76 feet)
to a ftve-eighths inch iron rod with yeIlow plastic cap marked "WLA" set at the southwest
corner of said Robinson tract, said point also being in the existing east right of way line of
College Avenue; .
(5) THENCE, along the west line of said Robinson tract and the said existing east right of way
line of Colleg� Avenue, North O1 degree 33 minutes 19 seconds East a distance of 4.446
meters (14.59 feet) to the POINT OF BEGINNING of the herein described tract and
containing t,667.985 square meters (17,954 square feet) of land.
A plat of even survey date herewith accompanies this legal description.
SURVEYED ON THE GROUND NNE 1999 •
LONNY GILLESPIE, R.P.L.S. 5261 �
Note: English units are provided for reference only.
Note: Basis of Bearings-Proposed Centerline of West Vickery Boulevard.
H:198023Uegallvic08.wpd .
�X�llblt �
Page 2 of .3
..i
�
�
N
�
W
�
W
>
Q
W
w
�
O
U
�
�
0
N
�!
�'
;
�:
FXISTING R.O.W.
pCC
r�
J
1�E�KE�Y B�U`LE��F�D
A VARiABLE WfDTH R.a•W•
JENNINGS SOUTH
ADDITION
(UNRECORDED)
P.R.T.C.T.
�
LOTS 3 AND 5 6�1
BLOCK 3 �`260-
; � ��\
• ,�
;
., .
;
MARSHALt� T. ROBINSON ; �°� �O
g. ; Qo�° �P
Vol. 69�38, P 94 5 /
(D.R.T.C.T.) ¢�° ��
k�� , � v� �
. �� ; �O �p / o,
, .
��' , : —1 QOG'/
0+349.459
„
,,
;
P.0.6.
:
NOT 5ET
� FFLLS aN
' , ror� oF wu�
+ 4G^ tas wicw
N88'l3''0/"W
� ,
N01'33:19"E
4.446m(14.59'J
JARVIS
12.192m
� - - ----------------
F,�e�° -
- G� ,/ 1,667.985 sq.rn
3:^ �as �ic�w ;
1UAKEL 1Ylh !
r �
;
�
-��
��
,
�,
N�
��
�;
o'
:
�; /
;
�
0
�
�/.� �5 wicna
MAAKED WLA
�\ ; � ; C17,s54 S.F.7 :
� : _ �''
;
�c�F;��� ' o F,o �� �p�,�
;
�Q� �� -----------;
oe � � � °
%�,F.� � ; Q� �t � � ` �
G �
;, � ,
� „ 2 ,
. . ,
i ; ,34�_pty,-eic� 2G�• �
--------'�-- ,, c`--------- MNtKED wU1
41.378m(135.76'1 --��"'
- - '�- -- PLAZA fNVEST. ASSOC. II
STREET Vol. 9225, P9. ���7
(40.00' ) (D.R.T.C.T.)
� . SARAH GR�Y JENNING SURV EY
�R,��,� 5���- ABST. 8�4 �
Om 5m 10m �.�i : A LEGH. DESUt�T10t1 AT EYEH
GRA¢FAC_SGe�l� BAAS bF 9ENtCICS-PROPOSm CIIiTER1.NE SUAYEY flATE HEAEWrtH
0' IS' JD' OF 1►EST YK�fERY 60tlLEYNtD. ACCOF�NAES TFCS Ft_AT.
LEGEND
��� ��— paG�C�C L� , a
� � -- --
�"*°� °� "� �� �n A PLAT OF A SURVEY OF A 1,667.985 sq. m
,�,,E` —x � x— (17,954 S.F.) TRACT OF LAND
aTM � -------- IN THE S.G. JEhI[�lINGS SURVEY
`�°rt' ABSiRACT NUMBER 844
�"`� � AND BEfNG PART OF LOTS 3& 5 BLOCK 3
°' � � ��� �"'P °"'�° �OF �HE .JENNiNGS SOUT,H ./�UQIT�ON
�:�.7�:� �;�� �E ��1T1' :OF: �'.OR�T :Y�'�RTH
�_��
•..�._���-� `T�RR�(T °��C:�31lf�i�'Y.; ��1�S
�-��
�� �:=.� � ,�� �� .
Exhibit �
Pag e � �f �
Page 3: [i:] Qeleted DTAdmin
PURCHASER'S OBLIGATIONS AFTER CLOSING.
�xhibit.�_�
--.��
Page % �� �
�0/16/2006 i1:22d00.:AM
A. Within nine (9) months after closing, Purchaser shall complete the
following actions, at Purchaser's sole cost and expense:
(1) The Purchaser will demolish the entire building
situated on the east side of the Property (the "Demo
Building"), and remove all debris and rubbish; and
(2) The Purchaser will repair all common and/or pariy
walls between the Demo Building and the building
(hereinafter referred to as the "Retained Building")
remaining on the west side of all land retained by Seller
adjacent to the Property (herein referred to as "Seller's
Remainder Property"), in a manner reasonably acceptable
to Seller.
B. As soon as reasonably practicable after closing, Purchaser shall
complete the following actions, at Purchaser's sole cost and expense:
(1) The Purchaser will approve curb cuts on Seller's
Remainder Property as follows:
(a) from the old Vickery Blvd. into Seller's half
of the abandoned College Avenue right-of-way;
(b) from the old Vickery Blvd. into that portion
of Seller's Remainder Property at the former
location of the Demo Building; and
(c) from the new Vickery Blvd. into the area of
Seller's Remainder Property immediately sough of
the Retained Building.
(2) The Purchaser will consider the use of head-in
parking along the old Vickery Blvd. on Seller's Remainder
Property, subjecf to the approval of the director of
Transportation and Public Works;
(3) The Purchaser shall construct and maintain a six (6)
foot sidewalk, a two and one-half (2-%z) foot strip and a one
(1) foot strip between the curb and the right-of-way line in
front of Seller's Remainder Property bordering the new
Vickery Blvd.;
(4) The Purchaser will not assess any paving
assessment against Seller's Remainder Property due to the
relocation and/or construction of Vickery Blvd.
,�
�xhibit �
����, � of �
The obligations contained in this Paragraph 13 shali survive ciosing.
PURCHASER'S OBLIGATIONS AFTER CLOSING
l. Within nine (9) months after closing, Purchaser shall complete the following
actions, at Purchaser's sole cost and expense:
a. The Purchaser will demolish the entire building situated on the east side of
the Property (the "Demo Building") and remove all debris and rubbish;
and
b. The Purchaser will repair all common and/or party walls between the
Demo Building and the building (hereinafter referred to as the "Retained
Building") remaining on the west side of all land retained by Seller
adjacent to the Property (herein referred to as "Seller's Remainder
Property") in a manner reasonably acceptable to Seller.
2. As soon as reasonably practicable after Closing, Purchaser shall complete the
following actions, at Purchaser's sold cost and expense:
a. The Purchaser will approve curb cuts on Seller's Remainder Property as
follows:
(1) from the old Vickery Blvd. into Seller's half of the abandoned
College Avenue right-of-way;
(2) from the old Vicicery Blvd. into that portion of Seller's Remainder
Property at the former location of the Demo Building; and
(3) from the new Vicicery Blvd. into the area of Seller's Remainder
Property immediately south of the Retained Building;
b. The Purchaser will consider the use of head-in parking along the old
Vickery Blvd. on Seller's Remainder Property, subject to the approval of
the director of Transportation and Public Works;
c. The Purchaser shall construct and maintain a six (6)-foot sidewallc, a two
and one-half (2%2)-foot planting strip and a one (1)-foot strip between the
curb and the right-of-way line in front of Seller's Remainder Property
bordering the new Vickery Blvd.;
d. The Purchaser will not assess any paving assessment against Seller's
Remainder Property due to the relocation and/or construction of Vickery
Blvd.
The obligations contained above shall survive Closing.
Exhibit "C"
Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 12/19/2006
DATE: Tuesday, December 19, 2006
LOG NAME: 30ROBINSON SALE REFERENCE NO.: L-14266(Corrected)
SUBJECT:
Authorize the Sale of a.4122 Acre Parcel Located at 821 West Vickery Boulevard, a City Fee
Owned Surplus Property, to Marshall T. Robinson (DOE 2820)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the sale of a.4122 acre parcel located at 821 West Vickery Boulevard, further described as
Lots 3 and 5, Block 3, Jennings South Addition, to Marshall T. Robinson for the appraised value of
$201,000.00; and
2. Authorize the acceptance and recording of appropriate instruments.
DISCUSSION:
On August 14, 2001, (M&C L-13115) the City Council approved the acquisition of 821 West Vickery
Boulevard from Marshall T. Robinson as part of the Vickery Boulevard project approved by City Council in
November 1990, (M&C G-8923), and revised in October 1996, (M&C G-11605). The purchase price for the
property was $500,000 and was based upon an appraisal conducted at that time. In addition, in the
purchase agreement, the City agreed to demolish a portion of the structure that sits on the property.
On December 14, 2004 City Council rescinded approval for the West Vickery project (M&C G-14612), and
approved the sale of right-of-way parcels purchased for the project. The property was appraised earlier this
year at $201,000 by an independent appraiser.
The previous owner, Marshall T. Robinson, contacted the City to repurchase the property for the new
appraised value and release the City's obligation to demolish the building. If the City did not agree, he
would file a lawsuit against the City to compel the City to demolish the structure as previously agreed to in
the purchase agreement. The proposed demolition would require asbestos removal and abatement.
Due to the deteriorating conditions of the structure, the current cost to remove and abate the asbestos
materials and demolish the structure, the value of comparable sales in the area, and to settle a potential
lawsuit, staff recommends that the City sell the property for appraised value of $201,000. As a condition of
sale, the City will be released from its obligation to demolish the structure on the property. The City will
retain its mineral interest in the property.
The property is located in COUNCIL DISTRICT 8, Mapsco 76H.
http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 2/5/2007
Page 2 of 2
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the Engineering Department, Real Property Services Division is
responsible for the deposit and disbursement of funds at closing.
TO Fund/AccountlCenters
C115 444100 030115021217 $201,000.00
Submitted for City Manager's Office b�
Originating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
Marc A. Ott (8476)
A. Douglas Rademaker (6157)
LaTrice Tatum-Forbes (8368)
http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 2/5/2007
City of Fo�t Wortlz, Texas
�1►�ya� And Caunc�i! Ca�n�nu�ricAt�an
DATE REFERENCE NUMBER LOG NAME
8/14/01 **L-13115
30VICKERY
PAGE
1 of 2
SUBJECT APPROPRIATION ORDINANCE AND RIGHT-OF-WAY ACQUISITION OF TWO
PROPERTIES FOR HIGHWAY IMPROVEMENT OF VICKERY BOULEVARD FROM
HENDERSON STREET TO BUSINESS 287P (DOE 28201
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Street Improvements Fund in the amount of $658,700 from the Texas Department of Transportation
(TxDOT) for the purpose of reimbursement of the purchase of a right-of-way; and
2. Authorize the City Manager to approve the purchase of two properties located at 801 West Vickery
Boulevard and 821 West Vickery Boulevard for an amount of $1,308,400, plus $9,000 in estimated
closing costs.
DISCUSSION:
This project is funded under the Principal Arterial Street System Program with TxDOT for an estimated
cost of $3,550,000. This project provides for a 50/50 (City/TxDOT) share of the estimated cost. The
City's share is funded in the 1998 Capital Improvement Program. The Transportation and Public Works
Department will be responsible for the collection of funds from TxDOT.
Under the terms of the agreement, the City will prepare the design of the improvements, secure any
needed rights-of-way, and adjust or relocate utilities. TxDOT will advertise the project, award the
contract, and perForm construction inspections. It is necessary to acquire the listed properties for right-
of-way to complete the highway improvements.
The value of these properties was estimated by an independent fee appraiser.
Grantor
Marshall Robinson
Gibson Lewis
Parcel No. Tvpe Leqal Description
10
�
Fee Block 3, Lots 3 and 5B,
Simple Jennings South Addition,
Tarrant County, Texas
Fee Block 3, Lots 1 and 6B,
Simple Jennings South Addition,
Tarrant County, Texas
Square Feet Amount
17,954 $ 458,400
24,303 $ 850,000
Estimated Closing Costs
Total
These properties are located in COUNCIL DISTRICT 8, Mapsco 78K.
$1,317,400
City of Fort Worth, Texas
�►�ya�r And C,aunc�il Ca�n�nu�ricAt�an
DATE REFERENCE NUMBER LOG NAME PAGE
8/14/01 **L-13115 30VICKERY 2 of 2
SUBJECT APPROPRIATION ORDINANCE AND RIGHT-OF-WAY ACQUISITION OF TWO
PROPERTIES FOR HIGHWAY IMPROVEMENT OF VICKERY BOULEVARD FROM
HENDERSON STREET TO BUSINESS 287P (DOE 2820)
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon adoption of the attached appropriation ordinance, funds will be
available in the current capital budget, as appropriated, of the Street Improvements Fund.
MG:k
Submitted for City Manager's
Office by:
Mike Groomer 6140
Originating Department Head:
Douglas Rademaker
Additional Information Contact:
6157
Douglas Rademaker 6157
FUND
(to)
1) C115
1) C115
(from)
C115
ACCOUNT I CENTER I AMOUNT
488100 I 030115021217 I $658,700.00
541100 030115021217 $658,700.00
541110 � 030115021217 � $1,317,400.00
CITY SECRETARY
APPROVED 8/14/O1
ORDINANCE NO. 14748
�
0
�t
�
�
Y � n � �ob
.-� ro y � Y � o
Cyrl s�. .--) ►C c � � �'
cn � � a�'
� � �
� �- �,� ao �� � °�
� a �x N�� x
� �� �� � � �� .�y
�,- ��, o� � � ��� �
� � �y o r� �� �
��� yx � � �,�a
b �� M Vi � � � C/�
�
I � � � C-7 � �' � o `° �'
�p � co v� � co
w °� o '-� O � p1 rn� a. f7
� �,�,' �7y ° o vCD.=; '
o � tly "+, ,� .<
�`' �' �, ,� .. ,� r. �
i . • ,�.� >C Ciy a � � �'C p C�
�� o
I a. v, 5S �iy '� � �' < -� �
I � w � � � ¢ ,� � � �
��
I � � r''y � � x � � o
- ,.� aq p, w .�,
� � O � M �' O"C3
� �p � O
R. W � "� � �' � �
� � N
r
.�
� C � � �an
, � � � ��
t7 c�o •, `� o
o � � `� � � � �'
� ►� y o o co 'xi
� ,.� ,..,, � � o
� y � y �D x
x � �
� h o' ��'�
�1 � � °� •-3 �
� .,
�' � �' �o��
� �. � .�
O O .� � r�' � O
�
a c1 o w�� y
,�.� h � R. � � `G
., �
� a �
� r O � O f��
� Q `�+ rn � .�
o '� � � �. co
rn �� � � a.
�o y ,� �
o � � •r
� .� o �'
`" � o � co
0
�
n
�
b
b
O
�a
r D
0
h�z �
�O O �
� (;c3 O
o���
Y� �
�O �
w •�-]
a
H
°z
�
�
�
�
°z
VICKERY BOULEVARD
HENDERSON ST. TO MAIN ST.
(ATTACffiV�NT A)