HomeMy WebLinkAboutContract 35559r�s i �' ��C..`��T�,�Y
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Displacee: Chapel Heights Properties LP
Subject Property Address: 3404 Columbus Ave., Fort Worth, TX
Subject Property Description: Block 4, Lot 18, Worth Hills Addition
Parcel Number: FTW 2125
THE STATE OF TEXAS )
COUNTY OF TARRANT )
1. In consideration of
Properties LP, here
legal entities), and
transfer, to the City
or parcel of land an
attached hereto and
$ 55,500.00 to be paid, in cash, to Representative of Chapel Heights
inafter referred to as "Owner" (whether one or more natural persons or
the covenants herein contained, the Owner agrees to sell, convey and
of Fort Worth, hereinafter referred to as "City", all that certain lot, tract
d improvements located thereon ("Property") as described in Exhibit A,
made a part hereof.
2. This agreement shall constitute a firm offer by Owner to sell the Properly 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.
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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 Properly 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 Property after closing, City
shall have possession at closing.
(c) Owner may remain in occupancy of the Property for fifteen (1 S) 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 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 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 Properly, (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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(f) The City is purchasing fee simple title to the property which does not include the
mineral interests.
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 (� , 2007.
Owners)
-.-�,.
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City of Fort Worth
/,rj ii �arC A. Ott
�" Assistant City Manager
THE STATE OF TEXAS §
ial Security Number DL#
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ASSISTA�iT CITY�i4"fTOI�N�Y
COUNTY OF TARRANT §
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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 UNDER MY HAND AND SEAL OF OFFICE, this �� day of
2007.
I �
IiETTIE LANE
MY COMMI.S� �JN EXPIf?ES
JWy 26, 2011
Attested Bye
-,
City Secretar},
Notary
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in the State of Texas
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STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, personally appeared �j�.��p �.�����
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 � day of ,
2007.
PAIR�CIA ZAPATA fIENTON r
Notary Public, State of Taxes
My Commission Expiry .•, `��
September 19, 2007
Notary Public for and in the State of Texas
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 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 ,
2007.
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
FAX NUMBER: (817) 626-2445
i111DIN,
ATTACHMENT C
LEGAL DESCRIPTION: Lot 18, Block 4 of WORTH HILLS, an Addition of the City of FORT
WORTH, TARRANT County, Texas, according to the Map thereof recorded in Volume 309, Page
60, of the Plat Records of TARRANT County, Texas.
Page 1 of 2
City of Forf Worth, Texas
Mayor and Council Communication
DATE: Tuesday, July 10, 2007
LOG NAME: 30MEACHAM5CHAPE
REFERENCE NO.: �`*L-14345
SUBJECT:
Authorize Acquisition of One Single -Family Residential Property Located on the West Side of
Meacham International Airport, for the Meacham International Airport Mitigation Program (DOE No.
5101)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the acquisition of one single-family residence from Chapel Heights Properties, L.P., as
detailed below in conjunction with the Meacham International Airport Mitigation Program;
2. Find that the price of $55,500 is just compensation for the property; and
3. Authorize the acceptance and recording of appropriate land acquisition instruments.
DISCUSSION:
This acquisition is in connection with the Federal Aviation Regulations (FAR) Part 150 Noise Study for
Meacham International Airport utilizing the Grant Funds of $3,400,000 for Land —Noise Compatibility. The
City match is $170,000.
On August 24, 2004, (M&C G-14473) the City Council approved the acceptance of a grant from the
Federal Aviation Administration (FAA). The Grant Agreement was signed and accepted by the City 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 Part 150 Study.
The acquisition amount is based on an independent appraisal together with an independent review
appraisal that complies with FAA land acquisition requirements.
In addition to paying the just compensation amount stated below, staff recommends that any weed liens
filed by the City on this property be released up to a maximum of $2,000, thereby providing the seller with
the sale amount as established by the appraisals. Closing costs for these transactions are provided for in
the contract with DFW Advisors, Ltd., Co., (City Secretary Contract No. 32880).
This property is located in the 65 LDN and is a voluntary sale. The land will be cleared of the residential
improvements and incorporated into the airport boundary for future development.
The property to be acquired based on the appraised value is as follows:
http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 7/17/2007
Page 2 of 2
Parcel Seller Address Le al
2125 Chapel Heights 3404 Columbus Ave Lot 18, Block 4
Properties, L.P. Worth Hills Addition
This property is located in COUNCIL DISTRICT 2, Mapsco 48W.
Price
$55,500.00
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the
Airport Grants Fund.
TO Fund/Account/Centers
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
GR14 541100 055218974400 $55,500.00
Marc A. Ott (8476)
A. Douglas Rademaker (6157)
Mark Thigpen (8366)
http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 7/17/2007