HomeMy WebLinkAboutContract 51938 CITY SECRETARY
CONTRACT NO. J 3 g
NEGOTIATED SETTLEMENT AGREEMENT
This Settlement Agreement is between the City of Fort Worth ("City"), by and through
its authorized Assistant City Manager, and Lexington Wright.
WHEREAS, Lexington Wright is the owner of 3408 Littlejohn, Fort Worth, Texas, more
particularly described in Exhibit"A", attached hereto and made apart hereof for all purposes;
WHEREAS, Lexington Wright discovered an unrecorded encumbrance on 3408
Littlejohn due to a public underground drainage arch pipe;
WHEREAS, a property interest in the property at 3408 Littlejohn will allow for City's
maintenance of the underground drainage pipe;
WHEREAS, the City and Lexington Wright agree that bona fide disputes and
controversies exist between the two parties related to 3408 Littlejohn;
WHEREAS,the City and Lexington Wright desire to compromise and settle and all claims
and/or causes of action between the parties related to 3408 Littlejohn; and
WHEREAS, the City relied on Lexington Wright's representations to reach this
agreement.
NOW,THEREFORE,in consideration of the recitals set forth above,the mutual promises
and agreements made herein,and other valuable consideration,the receipt and sufficiency of which
is acknowledged, the City and Lexington Wright agree as follows:
1. Release by Lexington Wright: For and in consideration of the recitals set forth
above and the actions to be taken under the terms of this Settlement Agreement as
r
described below,Lexington Wright does hereby RELEASE,ACQUIT,and FOREVER
RECEIVED DISCHARGE the City, the City's agents, servants, contractors, employees, executors,
FEB 18 2019 heirs, and assigns, and all persons, natural or corporate, in privity wit
CITY OF FORT WORTH
CITY SECRETARY OFFICIAL RECORD
Negotiated Settlement Agreement CITyP� RY
FT. WORTH,YX
persons from any and all claims, demands, or causes of action of any kind whatsoever,
at common law, statutory, or otherwise, which Lexington Wright has now, known or
unknown,existing,directly or indirectly to the City to the City,it being intended by the
Settlement Agreement to RELEASE, ACQUIT, and FOREVER DISCHARGE all
claims of any kind which Lexington Wright might have against the City.
2. Consideration: For and in consideration of the recitals and releases set forth above
and other provisions set forth below:
a. The City agrees to pay Lexington Wright the sum of TWENTY-FIVE
THOUSAND AND NO/100 DOLLARS ($25,000.00) for fee-simple
ownership of 3408 Littlejohn to the City of Fort Worth by the execution of the
deed without warranty, in the form in Exhibit"B", attached hereto and made a
part hereof for all purposes.
b. The City will pay all costs associated with the transfer of the property and the
recordation of the deed without warranty;
c. The City shall be take the 3408 Littlejohn subject to the 2019 ad valorem taxes;
3. Parties Bound: This Settlement Agreement shall be binding upon and inure to the
benefit of the parties of this Settlement Agreement and their heirs, executives,
administrators, legal representative, successors, and assignees.
4. Representations: The City has relied on the representations of Lexington
Wright to reach this settlement.The parties agree that these representations survive this
settlement agreement.
Negotiated Settlement Agreement Page 2 of 11
5. Texas Law to Apply: This Settlement Agreement shall be construed under, and in
accordance with,the laws of the State of Texas,and all obligations of the parties created
by this Settlement Agreement are performable in Tarrant County, Texas.
6. Leal Construction: If any of the provisions contained in this Settlement
Agreement shall for any reason be held to be invalid, illegal, or unenforceable, the
invalidity, illegality, or unenforceability shall not affect any other provision of the
Settlement Agreement, and this Settlement Agreement shall be construed as if the
invalid, illegal, or unenforceable provision had not been included in the Settlement
Agreement.
7. Amendment: No amendment, modification, or alteration of the terms of this
Settlement Agreement shall be binding unless it is in writing, dated subsequent to the
date of this Settlement Agreement, and duly executed by the City and Lexington
Wright.
Signatures appear on following page.
Negotiated Settlement Agreement Page 3 of 11
Executed and effective on I Z t 4 day of 2019, at Fort Worth,
Tarrant County, Texas. 1A k4f
Lexi gton Wright
Date:
THE STATE OF TEXAS §
COUNTY OF
BEFORE ME, the undersigned authority, and Notary Public in and for the State of Texas
on this day personally appeared 6 W , known to me to be the person
whose name is subscribed to the forego) g instrument, and acknowledged to me that they
executed the same for the purpose therein expressed, and in the capacity therein stated.
Given under my hand and seal of office this 1-- day of , 201q.
&M
oary Public in and for he State of Texas
Mci
ZZ
My Commission Expires: ,Pay SHAMEKA D KENNEDY
i Notary ID#128466346
Q My Commission Expires
vrE.oF SE+ December 9, 2022
i ,.�o RECORD
ECRETARY
Negotiated Settlement Agreement Page,4 ofjITX
THE STATE OF EXAS §
COUNTY OF §
BEFORE ME, a undersigned author' , and Notary Public in and for the State of Texas
on this day personally ap eared ,known to me to be the person whose
name is subscribed to the oregoing i rument, and acknowledged to me that they executed the
same for the purpose therei expre ed, and in the capacity therein stated.
Given under my han seal of office this day of , 201,.
Notary Public in and for The State of Texas
My Commi ion Expires:
THE CITY OF FORT WORTH
Jesus Chapa, Assistant City Manager
APPROVED AS FORM AND LEGALITY
earn D. Guzman
Senior Assis+?nt City Attorney
it�a iaa6
ATTEST:
Mary J. Kayser, ity e etary
E
OFFICIAL RECORD
CITY SECRETARY
Negotiated Settlement Agreement . S,ofr
EXHIBIT "A"
PROPERTY DESCRIPTION
Lot 3, Block 21, ENGLEWOOD HEIGHTS ADDITION, to the City of Fort Worth, Tarrant
County, Texas, according to the plat thereof recorded in Volume 310, Page 67,Plat
Records, Tarrant County, Texas.
Negotiated Settlement Agreement Page 6 of 11
EXHIBIT "B"
DEED WITHOUT WARRANTY
Deed Without Warranty
STATE OF TEXAS §
COUNTY OF TARRANT §
Date:
Grantor: Lexington Wright
Grantor's Mailing Address: P.O. Box 363,Fort Worth, Texas 76101-0363
Grantee: City of Fort Worth
Grantee's Mailing Address: 200 Texas Street, Fort Worth,Tarrant County, Texas
Consideration:Ten Dollars ($10.00)and other good and valuable consideration.
Property(including any improvements):
Lot 3,Block 21,ENGLEWOOD HEIGHTS ADDITION,to the City of Fort Worth,Tarrant
County, Texas, according to the plat thereof recorded in Volume 310, Page 67, Plat
Records, Tarrant County, Texas.
Reservations from Conveyance:
For Grantor and Grantor's heirs, successors, and assigns forever, a reservation of all oil,
gas, and other minerals in and under and that may be produced from the Property. If the
mineral estate is subject to existing production or an existing lease,this reservation includes
the production, the lease, and all benefits from it. Grantor waives and conveys to Grantee
the right of ingress and egress to and from the surface of the Property relating to the portion
of the mineral estate owned by Grantor.
Nothing herein, however, restricts or prohibits the pooling or unitization of the portion of
the mineral estate owned by Grantor with land other than the Property; or the exploration
or production of the oil,gas, and other minerals by means of wells that are drilled or mines
that open on land other than the Property but enter or bottom under the Property, provided
that these operations in no manner interfere with the surface or subsurface support of any
improvements constructed or to be constructed on the Property.
Negotiated Settlement Agreement Page 7 of l l
Exceptions to Conveyance:
Validly existing easements, rights-of-way, and prescriptive rights, whether of record or
not; all presently recorded and validly existing restrictions, reservations, covenants,
conditions, oil and gas leases, mineral interests outstanding in persons other than Grantor,
and other instruments, other than conveyances of the surface fee estate, that affect the
Property; validity existing rights of adjoining owners in any walls and fences situated on a
common boundary; any discrepancies, conflicts, or shortages in area or boundary lines;
any encroachments or overlapping of improvements; and taxes for current year, which
Grantee assumes and agrees to pay.
GRANTEE ACKNOWLEDGES AND AGREES THAT GRANTOR HAS NOT MADE,
DOES NOT MAKE AND SPECIFICALLY NEGATES AND DISCLAIMS ANY
REPRESENTATIONS,WARRANTIES,PROMISES,COVENANTS,AGREEMENTS OR
GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER
EXPRESS OR IMPLIED,ORAL OR WRITTEN,PAST,PRESENT OR FUTURE,OF,AS,
TO CONCERNING OR WITH RESPECT TO(A)THE VALUE,NATURE,QUALITY OR
CONDITION OF THE PROPERTY, INCLUDING, WITHOUT LIMITATION, THE
WATER, SOIL, AND GEOLOGY, (B) THE INCOME TO BE DERIVED FROM THE
PROPERTY, (C) THE SUITABILITY OF THE PROPERTY FOR ANY AND ALL
ACTIVITIES AND USES WHICH GRANTEE MAY CONDUCT THEREON, (D) THE
COMPLIANCE OF OR BY THE PROPERTY OR ITS OPERATION WITH ANY LAWS,
RULES, ORDINANCES, OR REGULATIONS OF ANY APPLICABLE
GOVERNMENTAL AUTHORITY OR BODY, (E) THE HABITABILITY,
MERCHANTABILITY, MARKETABILITY, PROFITABILITY OR FITNESS FOR A
PARTICULAR PURPOSE OF THE PROPERTY, (F) THE MANNER OR QUALITY OF
THE CONSTRUCTION OR MATERIALS, IF ANY, INCORPORATED INTO THE
PROPERTY, (G) THE MANNER, QUALITY, STATE OF REPAIR OR LACK OF
REPAIR OF THE PROPERTY, OR(H) EXCEPT FOR THE WARRANTY OF TITLE IN
THIS DEED, ANY OTHER MATTER WITH RESPECT TO THE PROPERTY, AND
SPECIFICALLY, THAT GRANTOR HAS NOT MADE, DOES NOT MAKE AND
SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS REGARDING
COMPLIANCE WITH ANY ENVIRONMENTAL PROTECTION, POLLUTION OR
LAND USE LAWS, RULES, REGULATIONS, ORDERS OR REQUIREMENTS,
INCLUDING SOLID WASTE, AS DEFINED BY THE U.S. ENVIRONMENTAL
PROTECTION AGENCY REGULATIONS AT 40 C.F.R.,PART 261,OR THE DISPOSAL
OR EXISTENCE IN OR ON THE PROPERTY OF ANY HAZARDOUS SUBSTANCE,AS
DEFINED BY THE COMPREHENSIVE ENVIRONMENT RESPONSE
COMPENSATION AND LIABILITY ACT OF 1980, AS AMENDED, AND
REGULATIONS PROMULGATED THEREUNDER. GRANTEE FURTHER
ACKNOWLEDGES AND AGREES THAT HAVING BEEN GIVEN THE
OPPORTUNITY TO INSPECT THE PROPERTY,GRANTEE IS RELYING SOLELY ON
ITS OWN INVESTIGATION OF THE PROPERTY AND NOT ON ANY INFORMATION
PROVIDED OR TO BE PROVIDED BY GRANTOR. AS A MATERIAL PART OF THE
CONSIDERATION FOR THIS AGREEMENT, GRANTOR AND GRANTEE AGREE
THAT GRANTEE IS TAKING THE PROPERTY "AS IS WITH ALL FAULTS" BASIS
Negotiated Settlement Agreement Page 8 of 11
WITH ANY AND ALL LATENT AND PATENT DEFECTS AND THAT THERE IS NO
WARRANTY BY GRANTOR THAT THE PROPERTY IS FIT FOR A PARTICULAR
PURPOSE. GRANTEE ACKNOWLEDGES THAT IT IS NOT RELYING UPON ANY
REPRESENTATIONS, STATEMENTS, ASSERTIONS OR NON-ASSERTIONS BY THE
GRANTOR WITH RESPECT TO THE PROPERTY CONDITION, BUT IS RELYING
SOLELY UPON ITS EXAMINATION OF THE PROPERTY. GRANTEE TAKES THE
PROPERTY UNDER THE EXPRESS UNDERSTANDING THERE ARE NO EXPRESS
OR IMPLIED WARRANTIES (EXCEPT FOR LIMITED WARRANTIES OF TITLE SET
FORTH IN THE CLOSING DOCUMENTS). AFTER CLOSING, AS BETWEEN
GRANTEE AND GRANTOR, THE RISK OF LIABILITY OR EXPENSE FOR
ENVIRONMENTAL PROBLEMS, EVEN IF ARISING FROM EVENTS BEFORE
CLOSING,WILL BE THE SOLE RESPONSIBILITY OF GRANTEE,REGARDLESS OF
WHETHER THE ENVIRONMENTAL PROBLEMS WERE KNOWN OR UNKNOWN
AT CLOSING. ONCE CLOSING HAS OCCURRED,GRANTEE INDEMNIFIES,HOLDS
HARMLESS AND RELEASES GRANTOR FROM LIABILITY FOR ENVIRONMENTAL
PROBLEMS AFFECTING THE PROPERTY, INCLUDING, BUT NOT LIMITED TO,
UNDER THE COMPREHENSIVE ENVIRONMENTAL RESPONSE COMPENSATION
AND LIABILITY ACT (CERCLA), THE RESOURCE CONSERVATION AND
RECOVERY ACT (RCRA), THE TEXAS SOLID WASTE DISPOSAL ACT OR THE
TEXAS WATER CODE. , GRANTEE INDEMNIFIES, HOLDS HARMLESS AND
RELEASES GRANTOR FROM ANY LIABILITY FOR ENVIRONMENTAL PROBLEMS
OR CONDITIONS AFFECTING THE PROPERTY ARISING AS THE RESULT OF
GRANTOR'S OWN NEGLIGENCE OR THE NEGLIGENCE OF GRANTOR'S
REPRESENTATIVES. GRANTEE INDEMNIFIES, HOLDS HARMLESS AND
RELEASES GRANTOR FROM ANY LIABILITY FROM ANY AND ALL PRESENT OR
FUTURE CLAIMS OR DEMANDS AND ANY AND ALL DAMAGES, LOSS, INJURY,
LIABILITY CLAIMS OR COSTS,INCLUDING FINES,PENALTIES AND JUDGMENTS
AND ATTORNEYS FEES ARISING FROM OR IN ANY WAY RELATED TO THE
CONDITION OF THE PROPERTY ARISING AS A RESULT OF THEORIES OF
PRODUCTS LIABILITY AND STRICT LIABILITY, OR UNDER NEW LAWS OR
CHANGES TO EXISTING LAWS ENACTED AFTER THE EFFECTIVE DATE THAT
WOULD OTHERWISE IMPOSE ON GRANTOR IN THIS TYPE OF TRANSACTION
NEW LIABILITIES FOR ENVIRONMENTAL PROBLEMS OR CONDITIONS
AFFECTING THE PROPERTY. PROVISIONS OF THIS SECTION SHALL SURVIVE
THE CLOSING. IT IS UNDERSTOOD AND AGREED THAT THE PURCHASE PRICE
HAS BEEN ADJUSTED BY PRIOR NEGOTIATION TO REFLECT THAT ALL OF THE
PROPERTY IS SOLD BY GRANTOR AND PURCHASED BY GRANTEE SUBJECT TO
THE FOREGOING. GRANTEE ACKNOWLEDGES AND ACCEPTS ALL THE TERMS
AND PROVISIONS BY HIS ACCEPTANCE HEREOF.
Grantor, for the Consideration and subject to the Reservations from Conveyance and the
Exceptions to Conveyance, grants, sells, and conveys to Grantee the Property, together with all
and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to
Grantee and Grantee's heirs, successors, and assigns forever,without express or implied warranty.
All warranties that might arise by common law as well as the warranties in section 5.023 of the
Texas Property Code (or its successor) are excluded.
Negotiated Settlement Agreement Page 9 of l l
When the context requires, singular nouns and pronouns include the plural.
GRANTOR
Lexington Wright
THE STATE OF TEXAS §
COUNTY OF §
BEFORE ME, the undersigned authority, and Notary Public in and for the State of Texas
on this day personally appeared ,known to me to be the person whose
name is subscribed to the foregoing instrument, and acknowledged to me that they executed the
same for the purpose therein expressed, and in the capacity therein stated.
Given under my hand and seal of office this day of 9201 ._
Notary Public in and for The State of Texas
My Commission Expires:
Negotiated Settlement Agreement Page 10 of 11
GRANTEE
CITY OF FORT WORTH Approved as to Form&Legality
Assistant City Manager Assistant City Attorney
City of Fort Worth
THE STATE OF TEXAS §
COUNTY OF §
BEFORE ME, the undersigned authority, and Notary Public in and for the State of Texas
on this day personally appeared ,known to me to be the person whose
name is subscribed to the foregoing instrument, and acknowledged to me that they executed the
same for the purpose therein expressed,and in the capacity therein stated.
Given under my hand and seal of office this day of , 201_.
Notary Public in and for The State of Texas
My Commission Expires:
Negotiated Settlement Agreement Page 11 of 11