HomeMy WebLinkAboutContract 34857Displacee:
Subject Property Address:
Subject Property Description:
Parcel Number:
THE STATE OF TEXAS
COUNTY OF TARRANT
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SALES AGREEMENT
Florinda Ibarra
3511 Chestnut Ave., Fort Worth, TX
Block 5, Lot 16, Airport Acres Addition
FTW 2106
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1. In consideration of $ 36,500.00 to be paid, in cash, to Florinda Ibarra, 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 far 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.
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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, cont�actors 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 Property 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 or ninety (90) days after 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 Properiy on a month-to-month tenancy basis, at a monthly rental rate of
$590.00, however in no event will the City allow Owner to lease the Property 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.
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11. 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.
Executed in multiple originals this, the � day of c , 2006.
Owner(s)
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Florinda Ibarra Social ecurity Number DL#
City of Fort Worth
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Marc A. ott �_
Assistant City Manager
THE STATE OF TEXAS §
COUNTY OF TARRANT §
Social Security Number DL#
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BEFORE ME, the undersigned authority, on this day personally appeared Marc A. Ott,
lcnown 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
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expressed. �
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this .� day of
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���'�f`.= ,``'4 �"!��'�`' `}°°� f�t Notary Public for and in the State of Texas
STATE OF TEXAS
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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 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 ,j day of 6� ,
2006.
=ov"��'�e��. LEiICIA ANN ROJO
_�: � _ Notary Public, Stete of Texas
=�;��a`; MyCommissionExpiros
y �%;°;,`,.�� October 03, 2001
STATE OF TEXAS
COUNTY OF TARRANT
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Notary Public for and in the tate of Texas
BEFORE ME, the undersigned authority, personally appeared ,
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.
GNEN LTNDER MY HAND AND SEAL OF OFFICE this day of _
2006,
Notary Public for and 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
PHONE: (817) 626-2400 FAX: (817) 626-2445
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EXHIBIT A
ATTACHMENT C
LEGAL DESCRIPTION: Lot 16, Block 5 of AIRPORT ACRES Addition, an Addition of 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.
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