HomeMy WebLinkAboutContract 52507 00% Aft�
B: GGSNSO cm'SECRETARy
fit) 2 2p19
3��-' corcrNo. 50 7
�` ��`L a��Gl cN sEceE aYH CONTRACT OF SALE AND PURCHASE
THIS CONTRACT OF SALE AND PURCHASE ("Contract") is made and entered into by and
between the CITY OF FORT WORTH,TEXAS,a home rule Municipal Corporation of the State of Texas,.
acting by and through its duly authorized City Manager or Assistant City Manager ("Purchaser") and
FRANK KENT CHURCHILL ("Seller"), as of the date on which this Contract is executed by the last to
sign of Seller and Purchaser("Effective Date").
AGREEMENT
In consideration of the mutual covenants in this Contract, Seller and Purchaser agree as follows:
Section 1. Sale and Purchase.
(a) Seller agrees to sell and convey to Purchaser and Purchaser agrees to purchase and accept
from Seller,on and subject to the terms and conditions set forth in this Contract approximately 0.1893 acres
of land known as HILLCREST ADDITION-FORT WORTH, Block 5, Lot 32, Tarrant County, Texas (also
known as 2203 Western Avenue, Fort Worth, Texas) (the "Land"), together with(i) all buildings, fixtures,
structures and improvements thereon; (ii)any strips or gores between the Land and all abutting properties;
(iii)all roads, alleys, rights-of-way, easements, streets and ways adjacent to or serving the Land and rights
of ingress and egress thereto, whether surface, subsurface or otherwise; (iv) any land lying in the bed of
any street, road or access way, opened or proposed, in front of, at a side of or adjoining the Land, to the
centerline of such street,road or access way;(v)all of Seller's rights,titles and interest, if any, in and to all
water rights or any kind or character pertaining Ao the Land; and (vi) all licenses, interests, and rights
appurtenant to the Land. The Land and Items(i)-(vi)are collectively referred to as the "Property".
(b) Seller shall convey the Property to Purchaser 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 and the
Survey (hereinafter defined) that are not cured and that are subsequently waived pursuant to Section 3
("Permitted Encumbrances").
(c) Notwithstanding anything to the contrary, Seller hereby retains and reserves from this
conveyance(and the Property does not include)for itself,and its successors and assigns,any and all interest
in any and all oil,gas and other minerals in,on,or under the Land;provided,however, Seller hereby waives
and relinquishes access to any use of the surface of the Property.
Section 2. Independent Contract Consideration and Purchase Price.
(a) Contemporaneously with the execution of this Contract, Purchaser delivers to Seller a
check in the amount of$50.00("Independent Contract Consideration")as independent consideration for
Seller's execution,delivery and performance of this Contract. This Independent Contract Consideration is
in addition to and independent of any other consideration or payment provided for in this Contract, is non-
refundable, and shall be retained by Seller notwithstanding any other provision of this Contract; however,
upon Closing(as hereinafter defined),the Independent Contract Consideration shall be applied as a credit
toward the Purchase Price(as hereinafter defined).
EOFFICIAL RECORD
2203 Western Ave
Page 1 of 12 RETARYRTH,Tx
(b) The purchase price("Purchase Price")for the Property,payable by Purchaser to Seller at
Closing (as hereinafter defined), is TWO HUNDRED EIGHTY-TWO THOUSAND FIVE
HUNDRED and 00/100 DOLLARS($282,500.00).
Section 3. Title Commitment and Survey.
(a) Within 15 business days after the Effective Date,Purchaser shall obtain at Purchaser's sole
cost and expense, a Commitment for Title Insurance("Title Commitment")from Alamo Title Company,
2900 S. Hulen, Suite 30, Fort Worth, Texas 76109, Telephone: 817-921-1215, Attention: LaVonne Keith
(the "Title Company"). The Title Commitment shall be effective as of a date which is on or after the
Effective Date, showing Seller as the record title owner of the Land,and shall show all Encumbrances and
other matters, if any, relating to the Property. The Title Company shall also deliver contemporaneously
with the Title Commitment legible copies of all documents referred to in the Title Commitment, including
but not limited to,plats,reservations,restrictions, and easements.
(b) Purchaser may obtain a survey of the Property ("Survey") at Purchaser's sole cost and
expense. The Survey shall consist of a plat and field notes describing the Property, prepared pursuant to a
current on-the-ground staked survey performed by a registered public surveyor or engineer satisfactory to
Purchaser and Title Company. The Survey shall (i) be certified to Purchaser, its successors and assigns,
and Title Company, (ii) reflect the actual dimensions of and the total number of square feet within the
Property net of any portion thereof lying within a publicly dedicated roadway or a utility easement, (iii)
identify any rights-of-way, easements, or other Encumbrances by reference to applicable recording data,
and(iv) include the Surveyor's registered number and seal and the date of the Survey. The description of
the Property prepared as a part of the Survey will be used in all of the documents set forth in this Contract
that require a legal description of the Property.
(c) Purchaser shall have a period of time ("Title Review Period") commencing on the
Effective Date and ending 15 business days after the Effective Date in which to notify Seller in writing of
any objections("Objections")Purchaser has to any matters shown on the Title Commitment or the Survey.
(d) Seller shall have the option,but not the obligation,to remedy or remove all Objections(or
agree irrevocably in writing to remedy or remove all such Objections at or prior to Closing) during the
period of time (the "Cure Period") ending on the tenth business day after Seller's receipt of Purchaser's
notice of such Objections. Except to the extent that Seller cures, or agrees in writing to cure, such
Objections during the Cure Period,Seller shall be deemed to have elected not to cure such matters. If Seller
is, or is deemed to be, unable or unwilling to remedy or cause the removal of any Objections (or agree
irrevocably to do so at or prior to Closing) within the Cure Period,then either (i)this Agreement may be
terminated in its entirety by Purchaser by giving Seller written notice to such effect during the period of
time (the "Termination Period") ending on the fifth business day following the end of the Cure Period,
and the parties shall be released of further obligations under this Agreement; or (ii) any such Objections
may be waived by or on behalf of Purchaser,with Purchaser to be deemed to have waived such Objections
if notice of termination is not given within the Termination Period. Any title encumbrances or exceptions
which are set forth in the Title Commitment or the Survey and to which Purchaser does not object within
Title Review Period(or which are thereafter waived or deemed to be waived by Purchaser)shall be deemed
to be permitted exceptions(the "Permitted Exceptions")to the status of Seller's title to the Property.
(d) Any other provision herein to the contrary notwithstanding, (i)all exceptions disclosed in
the Title Commitment (or any subsequent commitment) which arise on or after the Effective Date of this
Agreement and are not attributable to actions by Purchaser and (ii) all Objections that Seller agrees in
2203 Western Ave
Page 2 of 12
writing to cure at or prior to Closing(collectively,the "Mandatory Cure Items")shall be satisfied, cured
or removed by Seller, at Seller's sole cost and expense, at or prior to Closing.
Section 4. Due Diligence Documents. Within 5 business days after the Effective Date, Seller
shall deliver to Purchaser for Purchaser's review(i)any and all tests, studies and investigations relating to
the Property and the operation and maintenance thereof, including, without limitation, any soil tests,
engineering reports or studies, and any Phase I or other environmental audits, reports or studies of the
Property;(ii)any and all information regarding condemnation notice(s),proceedings and awards affecting
the Property; and(iii) all proposed or existing private covenants, conditions and restrictions, of which the
Property will be a part and any other private agreements affecting the use or development of the Property.
Section 5. Tests. Purchaser,at Purchaser's sole cost and risk,shall have the right to go on to
the Property, including the Improvements, to make inspections, surveys, test borings, soil analysis, and
other tests,studies and surveys, including without limitation,environmental and engineering tests,borings,
analysis, and studies ("Tests"). Any Tests shall be conducted at Purchaser's sole expense. At the
conclusion of the Tests,the Property will be restored by Purchaser, at Purchaser's sole expense, to at least
a similar condition as before the Tests were conducted. In the event this transaction does not close for any
reason whatsoever,the Purchaser shall release to Seller any and all independent studies or results of Tests
obtained during the Option Period(as defined below).
Section 6. Option Period.
(a) Notwithstanding anything to the contrary contained in this Contract,until 60 days after the
Effective Date("Option Period"),the following is a condition precedent to Purchaser's obligations under
this Contract:
Purchaser being satisfied in Purchaser's sole and absolute discretion that the Property is
suitable for Purchaser's intended uses, including, without limitation, Purchaser being
satisfied with the results of the Tests(defined in Section 5 above).
(b) If Purchaser is not satisfied in Purchaser's sole and absolute discretion as to the condition
precedent described in Section 6(a)above, Purchaser may give written notice thereof to Seller on or before
the end of the Option Period,whereupon this Contract shall terminate. Upon such termination,the Contract
will terminate, and neither party shall have any further rights or obligations under this Contract.
(c) The provisions of this Section 6 control all other provisions of this Contract.
(d) The parties agree that the Option Period will not be extended upon expiration without a
written amendment signed by both parties except in the case of any tenants continuing to occupy any
portions of the Property in which case the Option Period shall automatically be extended until such
time that the entirety of the Property is vacant of all occupants. Upon receipt of Seller's notification
offull vacancy,Purchaser shall have 10 days to inspect the condition of the Property.
Section 7. Closing Deadline. The closing ("Closing") of the sale of the Property by Seller to
Purchaser shall occur through the office of the Title Company on or before 30 days after the expiration of
the Option Period, but in no instance prior to full vacancy of all portions of the Property.
2203 Western Ave
Page 3 of 12
Section 8. Closing.
(a) At the Closing, all of the following shall occur, all of which are deemed concurrent
conditions:
(1) Seller, at Seller's sole cost and expense, shall deliver or cause to be delivered to
Purchaser the following:
(i) A Special Warranty Deed("Deed"),fully executed and acknowledged by
Seller,conveying to Purchaser good and indefeasible fee simple title to the
Property subject only to the Permitted Encumbrances, but containing a
reservation of the mineral rights, with the precise form of the Deed to be
determined pursuant to Section 10 below;
(ii) A Non-Foreign Person Affidavit, in form and substance reasonably
satisfactory to Purchaser, fully executed and acknowledged by Seller,
confirming that Seller is not a foreign person or entity within the meaning
of Section 1445 of the Internal Revenue Code of 1986,as amended;
(iii) Evidence of authority to consummate the sale of the Property as is
contemplated in this Agreement or as Purchaser or the escrow agent may
reasonably request; and
(iv) Any other instrument or document necessary for Title Company to issue
the Owner Policy in accordance with Section 8(a)(3)below.
(2) Purchaser, at Purchaser's sole cost and expense, shall deliver or cause to be
delivered to Seller through the Title Company federally wired funds or a certified or
cashier's check or such other means of funding acceptable to Seller, in an amount equal to
the Purchase Price,adjusted for closing costs and prorations.
(3) Title Company shall issue to Purchaser, at Purchaser's sole cost and expense, an
Owner Policy of Title Insurance("Owner Policy")issued by Title Company in the amount
of the Purchase Price insuring that, after the completion of the Closing, Purchaser is the
owner of indefeasible fee simple title to the Property, subject only to the Permitted
Encumbrances, and the standard printed exceptions included in a Texas Standard Form
Owner Policy of Title Insurance; provided, however, the printed form survey exception
shall be limited to "shortages in area,"the printed form exception for restrictive covenants
shall be deleted except for those restrictive covenants that are Permitted Encumbrances,
there shall be no exception for rights of parties in possession, and the standard exception
for taxes shall read: "Standby Fees and Taxes for the year of Closing and subsequent years,
and subsequent assessments for prior years due to change in land usage or ownership";
(4) Seller and Purchaser shall each pay their respective attorneys'fees.
(5) Seller shall pay all recording fees and any other closing costs as set forth by the
Title Company.
(b) Purchaser will qualify for exemption from ad valorem taxation for the Property, and no ad
valorem taxation shall accrue after the date of Closing. Therefore, any ad valorem taxes assessed against
the property for the current year shall be for the period of time the Property was owned by Seller,and based
on estimates of the amount of taxes that will be due and payable on the Property during the current year,
Seller shall pay for any taxes and assessments applicable to the Property up to and including the date of
2203 Western Ave
Page 4 of 12
..ft. ...
Closing. As soon as the amount of taxes and assessments on the Property for the current year is known,
Seller shall pay any additional amount of taxes to be paid for any taxes and assessments applicable to the
Property up to and including the date of Closing. The provisions of this Section 8(b) survive the Closing.
(c) Upon completion of the Closing, Seller shall deliver possession of the Property to
Purchaser,free and clear of all tenancies and title encumbrances of every kind except those disclosed in
the Permitted Encumbrances.
Section 9. Seller's Representations. Seller hereby represents and warrants to Purchaser, as of the
Effective Date and as of the Closing Date, except as otherwise disclosed in written notice from Seller to
Purchaser at or prior to Closing,that:
(a) Seller's Authority. This Contract has been duly authorized by requisite action and is
enforceable against Seller in accordance with its terms;neither the execution and delivery
of this Agreement nor the consummation of the sale provided for herein will constitute a
violation or breach by Seller of any provision of any agreement or other instrument to
which Seller is a party or to which Seller may be subject although not a party, or will
result in or constitute a violation or breach of any judgment,order,writ,junction or decree
issued against or binding upon Seller or the Property;
(b) No Pending Proceedings. There is no action, suit, proceeding or claim affecting the
Property or any portion thereof, or affecting Seller and relating to the ownership,
operation, use or occupancy of the Property, pending or being prosecuted in any court or
by or before any federal, state, county or municipal department, commission, board,
bureau or agency or other governmental entity and no such action, suit, proceeding or
claim is threatened or asserted;
(c) Seller is Not a Foreign Person. Seller is not a foreign person or entity as defined in
Section 1445 of the Internal Revenue Code of 1986, as amended, and Purchaser is not
obligated to withhold any portion of the Sales Price for the benefit of the Internal Revenue
Service;
(d) No Insolvency Proceedings. No attachment, execution, assignment for the benefit of
creditors, receivership, conservatorship or voluntary or involuntary proceedings in
bankruptcy or pursuant to any other debtor relief laws is contemplated or has been filed
by or against Seller or the Property,nor is any such action pending by or against Seller or
the Property;
(e) Contract Obligations. Except as otherwise disclosed in the Title Commitment, no lease,
contract or agreement exists relating to the Property or any portion thereof which is not
terminable at will or upon not more than 30 days'prior notice except tenant leases;
(f) No Competing Rights. No person, firm or entity, other than Purchaser, has any right to
purchase, lease or otherwise acquire or possess the Property or any part thereof,
(g) No Regulatory Violations. The Property is not in breach of any law, ordinance or
regulation,or any order of any court or any federal,state,municipal or other governmental
department, commission, board, bureau, agency or instrumentality wherever located,
including, without limitation, those relating to environmental matters and hazardous
waste, and no claim, action, suit or proceeding is pending or, to the best of Seller's
knowledge and belief and after due inquiry, threatened against or affecting Seller or
affecting the Property, at law or in equity,or before or by any federal, state, municipal or
other governmental department, commission, board, bureau, agency or entity wherever
located, with respect to the Property or the Seller's present use and operation of the
Property; and
2203 Western Ave
Page 5 of 12
(h) No Hazardous Materials. To the best of Seller's knowledge, (i) all required federal,
state and local permits concerning or related to environmental protection and regulation
for the Property have been secured and are current; (ii) Seller is and has been in full
compliance with such environmental permits and other requirements regarding
environmental protection under applicable federal, state or local laws, regulations or
ordinances; (iii)there is no pending action against Seller under any environmental law,
regulation or ordinance and Seller has not received written notice of any such action or
possible action; (iv) there is not now, nor has there been in the past, any release of
hazardous substances on, over, at, from, into or onto any facility at the Property, as such
terms are understood under the Comprehensive Environmental Response, Compensation
and Liability Act; and (v) Seller does not have actual knowledge of any environmental
condition, situation or incident on,at or concerning the Property that could reasonably be
expected to give rise to an action or to liability under any law,rule,ordinance or common
law theory governing environmental protection.
Seller acknowledges that Purchaser has relied and will rely on the representations and warranties of Seller
in executing this Agreement and in closing the purchase and sale of the Property pursuant to this Agreement,
and Seller, during the term of this Agreement, agrees to notify Purchaser promptly in the event that Seller
obtains knowledge of any change affecting any of such representations and warranties, in which event
Purchaser shall be entitled to exercise the remedies set forth in Section 14 hereof. Until and unless Seller's
warranties and representations shall have been qualified and modified as appropriate by any such additional
information provided by Seller to Purchaser, Purchaser shall continue to be entitled to rely on Seller's
representations and warranties set forth in this Agreement, notwithstanding any contrary information
resulting from any inspection or investigation made by or on behalf of Purchaser. All of Seller's
representations and warranties, as so qualified and modified, shall survive Closing.
Section 10. Seller's Covenants.
(a) Updating of Information. Seller acknowledges that Purchaser will rely upon the Title
Commitment, Survey, Due Diligence documents and other materials delivered by Seller to
Purchaser hereunder to satisfy itself with respect to the condition and operation of the Property,
and Seller agrees that,if Seller discovers that the information contained in any of the materials
delivered to Purchaser hereunder is inaccurate or misleading in any respect, then Seller shall
promptly notify Purchaser of such changes and supplement such materials.
(b) Prohibited Activities. During the term of this Agreement, Seller shall not, without the prior
written consent of Purchaser, which consent Purchaser shall have no obligation to grant and
which consent, if granted, may be conditioned in such manner as Purchaser shall deem
appropriate in the sole discretion of Purchaser: (i) grant any licenses, easements or other uses
affecting any portions of the Property; (ii) permit any mechanic's or materialman's lien to
attach to any portion of the Property; (iii)place or permit to be placed on,or remove or permit
to be removed from,the Property any trees,buildings, structures or other improvements of any
kind; (iv)excavate or permit the excavation of the Property or any portion thereof;or(v) enter
into any written leases or verbal rental agreements for any duration affecting any portions
of the Property.
(c) Cooperation in Permitting Activities. During the term of this Agreement, Seller will
cooperate with Purchaser in such manner and at such times as Purchaser may request in
obtaining subdivision, zoning or rezoning, site plan development, building permit and other
approvals required for Purchaser's proposed use, including without limitation, signing such
applications for such approvals and other instruments as may be required or authorizing
Purchaser to sign such applications or instruments as Seller's agent or both. Purchaser shall
2203 Western Ave
Page 6 of 12
bear the costs and expenses of obtaining all such approvals except for attorneys'fees that Seller
may consider necessary in connection with reviewing such applications and instruments,which
shall be borne solely by Seller.
Section 11. AEents. Seller and Purchaser each represent and warrant to the other that it has not
engaged the services of any agent, broker, or other similar party in connection with this transaction.
Section 12. Closing Documents. No later than 3 business days prior to the Closing, Seller shall
deliver to Purchaser copies of the closing documents(including but not limited to the Deed)for Purchaser's
reasonable right of approval.
Section 13. Notices.
(a) Any notice under this Contract shall be in writing and shall be deemed to have been served
if(i) delivered in person to the address set forth below for the party to whom the notice is given, (ii)
delivered in person at the Closing (if that party is present at the Closing), (iii) placed in the United States
mail,return receipt requested, addressed to such party at the address specified below,or(iv)deposited into
the custody of Federal Express Corporation to be sent by FedEx Overnight Delivery or other reputable
overnight carrier for next day delivery, addressed to the party at the address specified below.
(b) The address of Buyer under this Contract is:
City of Fort Worth With a copy to:
200 Texas Street Leann D. Guzman
Fort Worth, Texas 76102 City Attorney's Office
Attention: Niels Brown City of Fort Worth
Telephone: (817) 392-5166 200 Texas Street
Fort Worth,Texas 76102
Telephone: (817) 392-7600
(c) The address of Seller under this Contract is:
Frank Kent Churchill
3600 Dorothy Lane
Fort Worth,Texas 76107-1702
Telephone: (817)205-3118
(d) From time to time either party may designate another address or fax number under this
Contract by giving the other party advance written notice of the change.
Section 14. Termination,Default,and Remedies.
(a) If Purchaser fails or refuses to consummate the purchase of the Property pursuant to this
Contract at the Closing for any reason other than termination of this Contract by Purchaser pursuant to a
right so to terminate expressly set forth in this Contract or Seller's failure to perform Seller's obligations
under this Contract,then Seller,as Seller's sole and exclusive remedy, shall have the right to terminate this
Contract by giving written notice thereof to Purchaser prior to or at the Closing, whereupon neither party
hereto shall have any further rights or obligations hereunder.
2203 Western Ave
Page 7 of 12
(b) If(1) Seller fails or refuses to timely consummate the sale of the Property pursuant to this
Contract at Closing, (2) at the Closing any of Seller's representations, warranties or covenants contained
herein is not true or has been breached or modified, or (3) Seller fails to perform any of Seller's other
obligations hereunder either prior to or at the Closing for any reason other than the termination of this
Contract by Seller pursuant to a right so to terminate expressly set forth in this Contract or Purchaser's
failure to perform Purchaser's obligations under this Contract,then Purchaser shall have the right to:
(i) terminate this Contract by giving written notice thereof to Seller prior to or at the
Closing and neither party hereto shall have any further rights or obligations
hereunder;
(ii) waive,prior to or at the Closing,the applicable objection or condition and proceed
to close the transaction contemplated hereby in accordance with the remaining
terms hereof;
(iii) enforce specific performance of Seller's obligations under this Agreement; or
(v) institute an action for damages against Seller.
Section 15. Survival of Obligations. To the extent necessary to carry out the terms and provisions
hereof,the terms,conditions,warranties,representations,obligations and rights set forth herein shall not be
deemed terminated at the time of the Closing, nor shall they merge into the various documents executed
and delivered at the time of the Closing. All representations and warranties by Seller in this Agreement(i)
will expire two years after the Closing as to matters for which Purchaser has not provided written notice to
Seller within such period of time; and (ii) will expire as to all matters specified in any such written notice
to the extent that such matters are not resolved or made the subject of litigation instituted prior to the
expiration of three years after the Closing.
Section 16. Entire Contract. This Contract (including the attached Exhibits) contains the entire
contract between Seller and Purchaser, 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 document executed by that party.
Section 17. Assigns. This Contract inures to the benefit of and is binding on the parties and their
respective legal representatives, successors, and assigns. Neither party may assign its interest under this
Contract without the prior written consent of the other party.
Section 18. TakinE Prior to Closing. If,prior to Closing,the Property or any portion thereof becomes
subject to a taking by virtue of eminent domain, Purchaser may, in Purchaser's sole discretion, either (i)
terminate this Contract and neither party shall have any further rights or obligations hereunder, or (ii)
proceed with the Closing of the transaction with an adjustment in the Purchase Price to reflect the net square
footage of the Property after the taking.
Section 19. Governing Law. This Contract shall be governed by and construed in accordance with
the laws of the State of Texas.
Section 20. Performance of Contract. The obligations under the terms of the Contract are
performable in Tarrant County, Texas, and any and all payments under the terms of the Contract are to be
made in Tarrant County,Texas.
2203 Western Ave
Page 8 of 12
Section 21. Venue. Venue of any action brought under this Contract shall be in Tarrant County,
Texas if venue is legally proper in that County.
Section 22. Severability. If any provision of this Contract is held to be invalid, illegal, or
unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other
provision, and this Contract will be construed as if such invalid, illegal, or unenforceable provision had
never been contained herein.
Section 23. Business Days/Effective Date. If the Closing or the day for performance of any act
required under this Contract falls on a Saturday, Sunday, or legal holiday, then the Closing or the day for
such performance,as the case may be, shall be the next following regular business day. The date on which
the Title Company receipts a copy of the Contract is the"Effective Date."
Section 24. Counterparts. This Contract may be executed in multiple counterparts, each of which
will be deemed an original,but which together will constitute one instrument.
Section 25. Terminology. The captions beside the section numbers of this Contract are for reference
only and do not modify or affect this Contract in any manner. Wherever required by the context,any gender
includes any other gender,the singular includes the plural,and the plural includes the singular.
Section 26. Construction. The parties acknowledge that each party and its counsel have reviewed and
revised this Contract and that the normal rule of construction to the effect that any ambiguities are to be
resolved against the drafting party is not to be employed in the interpretation of this Contract or any
amendments or exhibits to it.
Section 27. Attorney's Fees. If any action at law or in equity is necessary to enforce or interpret the
terms of this Contract, the prevailing party or parties are entitled to reasonable attorneys' fees, costs and
necessary disbursements in addition to any other relief to which such party or parties may be entitled.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
2203 Western Ave
Page 9 of 12
-Am�' -••
This Contract is EXECUTED as of the Effective Date.
SELLER:
FRANK KENT CHURCHILL
w
B
Kent Churchill,Individually
PURCHASER:
CITY OF FORT WORTH,TEXAS
By:
Jesus J. Chapa,Assistant C y Manager
Attest: �QF•FORTS
CAY Secret
M&C: 2'7�— xAS
Date:
APP VED AS TO LEGALITY AND FORM
eann Guzman
Senior Assistant City Attorney-Section Chief
OFFICIAL RECORD
2203 Western Ave CITY SECRETARY
Page 10 of 12 FT. WORTH,TX
By its execution below,Title Company agrees to perform its other duties pursuant to the provisions of this
Contract.
TITLE COMPANY:
By:
Name:
Title:
Date:
2203 Western Ave
Page 11 of 12
.r.
EXIIIBIT "A"
See legal description and survey attachments"EXHIBIT A and EXHIBIT B".
DELETION OF ARBITRATION PROVISION
(Not applicable to the Texas Residential Owner's Policy)
ARBITRATION is a common form of alternative dispute resolution. It can be a quicker and cheaper means to
settle a dispute with your Title Insurance Company. However, if you agree to arbitrate, you give up your right to
take the Title Insurance Company to court and your rights to discovery of evidence may be limited in the arbitration
process. In addition, you cannot usually appeal an arbitrator's award.
Your policy contains an arbitration provision (shown below). It allows you or the Company to require
arbitration if the amount of insurance is $2,000,000 or less. If you want to retain your right to sue the
Company in case of a dispute over a claim, you must request deletion of the arbitration provision before
the policy is issued. You can do this by signing this form and returning it to the Company at or before the
closing of your real estate transaction or by writing to the Company.
The arbitration provision in the Policy is as follows:
"Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration
pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as
provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons.
Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the
Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a
policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All
arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of
either the Company or the Insured, unless the Insured is an individual person (as distinguished from an
Entity). All arbitrable matters when the Amount of Insurance is in excess of$2,000,000 shall be arbitrated only
when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules
shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in
any court of competent jurisdiction."
Signature Date
FORM T-7:Commitment for Title Insurance
(Deletion of Arbitration Provision)(01/03114)
,•whl .�.
Alamo Title Company
5004 Thompson Terrace, Suite 107
Colleyville, TX 76034
AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE STATEMENT
(Exhibit D in 24 CFR §3500)
Date: June 19, 2019
To: City of Fort Worth
Property: CPN 100459- Parcel 1 ODE , 10 SE & 10 ROWE -8741 Harmon Road, Fort Worth, TX 00000
This is to give you notice that Alamo Title Company, a subsidiary of Fidelity National Financial, Inc. has a business
relationship with the settlement service providers listed below to which you have been referred. Each of the
companies listed below is One-Hundred Percent (100%) owned directly or indirectly by Fidelity National Financial,
Inc. Because of this relationship, this referral may provide Alamo Title Company with a financial or other benefit.
Set forth below is the estimated charge or range of charges for the settlement services listed. You are NOT
required to use the listed providers as a condition for the consummation of the transaction involving the above
referenced property.
Settlement Service Provider: Type of Settlement Range of Charges:
Provided:
National TaxNet Tax Information $22.50 to$80 including sales tax
and $5 for each additional parcel
over 3 parcels
There are frequently other settlement service providers available who offer similar services. You are free to shop
around to determine that you are receiving the best services and the best rate for these services.
Acknowledgment
I/We have read this disclosure form and understand that Alamo Title Company is referring me/us to purchase the
above described settlement services and may receive a financial or other benefit as the result of this referral.
IN WITNESS WHEREOF, the undersigned have executed this document on the date(s) set forth below.
City of Fort Worth
BY:
Jesus J. Chapa Date
Assistant City Manager
Affiliated Business Arrangement Disclosure Statement(Escrow)
SSTXD00218.doc
CAH PROPERTY ACQUISITION& DRAINAGE IMPROVEMENTS
PARCEL NO. 11
CITY PROJECT No. 101262
2203 WESTERN AVENUE
LOT 32,BLOCK 5,HILL-CREST ADDITION
EXHIBIT"A"
Being all of Lot 32,Block 5 of Hill-Crest Addition, an addition to the City of Fort Worth,Tarrant
County,Texas as recorded in Volume 388,Page 17 of the Plat Records of Tarrant County,Texas,
said Lot 32 being deeded to Frank Kent Churchill as recorded in Instrument No. D213174242 of
the Official Public Records of Tarrant County, Texas, said Lot 32 being more particularly
described by metes and bounds as follows:
BEGINNING at a 1/2 inch iron rod found for the southeast corner of said Lot 32, said 1/2 inch
iron rod being the northeast comer of Lot 31 of said Block 5, said 1/2 inch iron rod also being in
the west line of a 15.0' alley as shown on said plat of Hill-Crest Addition,from which a 1/2 inch
iron rod found for the southeast comer of Lot 27 of said Block 5 bears South 00 degrees 02 minutes
17 seconds West,a distance of 250.00 feet,said 1/2 iron rod being the northeast corner of Lot 26
of said Block 5,said 1/2 inch iron rod also being in the west line of said 15.0' alley;
THENCE North 89 degrees 57 minutes 43 seconds West, with the south line of said Lot 32 and
with the north line of said Lot 31,a distance of 165.00 feet to a 5/8 inch iron rod with
cap stamped"GORRONDONA&ASSOCIATES"set for the southwest corner of said
Lot 32,said 5/8 inch iron rod with cap stamped"GORRONDONA&ASSOCIATES"
being the northwest comer of said Lot 31, said 5/8 inch iron rod with cap stamped
"GORRONDONA & ASSOCIATES" also being in the east right-of-way line of
Western Avenue(a 60.0' right-of-way) as shown on said plat of Hill-Crest Addition;
THENCE North 00 degrees 02 minutes 17 seconds East, with the west line of said Lot 32 and
with the east right-of-way line of said Western Avenue, a distance of 50.00 feet to a
5/8 inch iron rod with cap stamped "GORRONDONA & ASSOCIATES" set for the
northwest corner of said Lot 32, said 5/8 inch iron rod with cap stamped
"GORRONDONA & ASSOCIATES" being the southwest corner of Lot 33 of said
Block 5;
THENCE South 89 degrees 57 minutes 43 seconds East, with the north line of said Lot 32 and
with the south line of said Lot 33,a distance of 165.00 feet to a 5/8 inch iron rod with
cap stamped"GORRONDONA&ASSOCIATES"set for the northeast corner of said
Lot 32,said 5/8 inch iron rod with cap stamped"GORRONDONA&ASSOCIATES"
being the southeast corner of said Lot 33, said 5/8 inch iron rod with cap stamped
"GORRONDONA&ASSOCIATES"also being in the west line of said 15.0' alley;
THENCE South 00 degrees 02 minutes 17 seconds West, with the east line of said Lot 32 and
with the west line of said 15.0' alley, a distance of 50.00 feet to the POINT OF
BEGINNING and containing 8,250 square feet or 0.189 acres of land,more or less.
Exhibit A Page 1 of 2
i
f
Notes:
(1) A plat of even survey date accompanies this legal description.
(2) All bearings are referenced to the Texas Coordinate System, NAD-83 (2011),
North Central Zone 4202.All distances and areas are surface.
(3) This survey was performed without the benefit of a title report, there may be
easements and/or covenants affecting this property not shown hereon.
Date: January 10, 2018
Curtis Smith" rF
Registered Professional Land Surveyor -'61 S tFo 9�
No. 5494
Texas Firm No. 10106900 CURTIS SMITH
5494
Exhibit A Page 2 of 2
EXHIBIT "B "
PARCEL NO. >> I 1
I LOT 4
I � I
1
I LOT 33 1 0 ( LOT 5
SET 5/8"IR W/CAP
NA
W y STAMPED BGORRONDONA STAMP D "O RRONDO 1
D 6' ASSOCIATES" S 8W57'43"E 165.00' I
Z _,...R.,......,.R..,..,...ARw.,.,.,.,R...,.A..fl..,...............r. ...,,........,an— -- —
W
a
I
3
I
I
n n
tL 1 1 ............ 't;LOT 32 :;�:�: :�:� :�:�: :� •�:`� LOT e
Qa o�
I o N 0.189 ACRES N g
•0 0
''8 250':SO. :FT. OFt:`."
o > FRANK KENT CHURCHILL
Z c� '�9 0.189 ACRES ;::INSTRUMENT N0. D213174242� =�`��'
O.P.R.T.C.T. =FND1/2
I
Z N WO
0
CJ/�j W W W W'W-NUW.YVWWbYWYY•WW'LW,WY�W W,• �� —
W N 8S'57'43V 165.00' I
�SEr 5/8"IR W/CAP LOT 31 1
STAMPED "GORRONDONA
a: ASSOCIATES"
� % $LpCg�Di�j'jON LOT 7
T
11ILL,CRE 3889 PTG
LOT 30 I
V�LU�E R•T.C• -- -- �------ -
P• LOT 29 1
I I l I LOT 9
Y7
I i
I I LOT 27
I FN0 1 f nR —--
LOT 26 1
I LOT 10
NOTES.
1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT.
2. ALL NORTH CENTRAL ZON REFERENCED AALLTDIST•'ANC�COORDINATE SHOW EAR ACE�2011>. 40 20 0 40
3. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFTT OF A TITLE REPORT, THERE MAY BE
EASEMENTS MID/OR COVENANTS AFFECTING THIS PROPERTY NOT SHOWN HEREON.
SCALE IN FEET
Fbiff WoRTH City of Fort Worth
1000 THROCKMORTON STREET • FORT WORTH, TEXAS 76102
CAH PROPERTY ACQUISITION I&' h� of �
DRAINA CE IMPROVEMENTS :�G�s rERFQ+v
PARCEL NO. 11 TCITY PROJ. NO. 101262
FEE SIMPLE ACQUISITION --CU �IS SMITH
OWNER: FRANK KENT CHURCHILL 5494
SURVEY: LOT 32, BLOCK 5, HILL-CREST ADDITION p
LOCATION: CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
ACQUISITION AREA: 8,250 SQUARE FEET OR 0.189 ACRES s U
WHOLE PROPERTY ACREAGE: 0.189 ACRES CALCULATED
JOB NO. CFTW1701.00 DRAWN BY: JDR CAD FILE: PARCEL 11.DWG CURTIS SMITH
REGISTERED PROFESSIONAL LAND SURVEYOR
DATE: JANUARY 10, 2019 I EXHIBIT B PAGE 1 OF 1 SCALE: 1" - 40' NO. 5494 TEXAS FIRM No. 10106900
GORRONDONA do ASSOCIATES, INC. • 1701 NORTH MARKET STREET, SUITE 450. LB 5, DALLAS, TX. 75202 • 214-712-0600 FAX 214-712-0804
Contract Compliance Manager;
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
I
Niels Brown
Name of Employee Signature
I
1
Land Agent
Title
I
I
I
j
❑ This form is N/A as No City Funds are associated with this Contract
Printed Name Signature
I
I
i
i
C6TY SECRETARY
FT. WORTH,TX
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA Fouror
WoRni
COUNCIL ACTION: Approved on 6/18/2019
DATE: 6/18/2019 REFERENCE NO.: L-16232 LOG NAME: 21PMD CAH 2201-2203
WESTERN AVE
CODE: L TYPE: NOW PUBLIC NO
CONSENT HEARING:
SUBJECT: Authorize Voluntary Acquisition of 2201-2203 Western Avenue from Frank Kent Churchill in
the Amount of$282,500.00 and Pay Estimated Closing Costs in the Amount of$5,000.00
for a Total Cost of$287,500.00 and Authorize Eligible Payments of Relocation Assistance
Up to $31,000.00 Plus Eligible Moving Expenses Up to $10,000.00 for the Central Arlington
Heights Drainage Improvement Project No. 101262 (COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the voluntary acquisition of a fee simple interest in 0.1893 acres of land and
improvements located at 2201-2203 Western Avenue, Fort Worth, Texas, from Frank Kent Churchill;
2. Authorize acceptance of the conveyance, the recording of the appropriate instrument and payment
of estimated closing costs up to $5,000.00;
3. Authorize the payment of relocation assistance up to the amount of$31,000.00 plus eligible
moving expenses up to $10,000.00; and
4. Authorize the City Manager or his designee to execute and record the appropriate conveyance
documents.
DISCUSSION:
Central Arlington Heights Neighborhood is subject to severe localized flooding during rain events.
Mitigating flood risk to the neighborhood through traditional drainage system improvements, such as
increasing the capacity of the pipe system, is cost prohibitive. Voluntary property acquisition will
relieve the residents in the most flood prone homes from ongoing exposure to flood
damages. Therefore, non-reimbursable funding has been appropriated from the Stormwater Capital
Projects Fund to pursue a strategy of voluntary property acquisitions to mitigate chronic flood risk.
This duplex at 2201-2203 Western Avenue is one of the more flood-prone properties in the
neighborhood, and as such, the property owner has agreed to participate in this voluntary acquisition
program.
An independent appraisal was obtained to establish the fair market value of the property. The owner
has agreed to sell the property and signed the City's sale and purchase contract in the amount of
$282,500.00. The real estate taxes will be pro-rated with the seller responsible for taxes due up to the
closing date. The City will pay closing costs up to $5,000.00.
On April 7, 2015, City Council Resolution No. 4430-04-2015 authorized the adoption of the City of
Fort Worth Relocation Assistance Rules. The rules are to ensure the City provide relocation
assistance and advisory services to qualifying persons, businesses, farming or ranching operations,
or nonprofit organizations who are displaced in connection with the acquisition of real property for a
public purpose and are compatible with the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (URA), as amended. For this voluntary acquisition, the seller and
seller's tenants are eligible to receive relocation assistance in the amount up to $31,000.00 plus
eligible moving expenses up to an estimated amount of$10,000.00.
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=27048&councildate=6/18/2019 6/19/2019
M&C Review Page 2 of 2
Upon City Council approval, Staff will proceed with acquiring the fee simple interest in the property
except for the mineral estate. The deed to the City will contain a surface waiver for the exploration of
the mineral estate.
Estimated Relocation Eligible
Property Legal Property Acreage Purchase Closing Acquisition Assistance Moving
Address Description Type Price Costs(Up Total Amount Expenses
To) (Up To (Estimate)
2201- Hillcrest
Addition--
es Fort Worth, Fee W 0.1893 $282,500.00 $5,000.00 $287,500.00 $31,000.00 $10,000.00
Western Block 5, Lot Simple
Avenue 32
This property is located in COUNCIL DISTRICT 7.
This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendation, funds are
available in the current capital budget, as appropriated, of the Stormwater Capital Projects Fund.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2)
Submitted for City Manager's Office by: Jay Chapa (5804)
Originating Department Head: Roger Venables (6334)
Additional Information Contact: Niels Brown (5166)
ATTACHMENTS
21 PMDCAH2201-2203WESTERNAVE MC MAP.pdf
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=27048&councildate=6/18/2019 6/19/2019