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HomeMy WebLinkAboutContract 38902i y =�" ��i��a399d \��I�. � 1 I till I �\ ��.� � f I 1� I •�i;i':( I �1! � I This Assignment of Tax Abatement Agree is made and entered into by and between Boulevard Builders/Ridglea Place, LP (FKA e Ridglea Place, L.P.) ("Assignor") and Jeri Elkins, ("Assignee") and the City of Fort Worth, ("City") II.7i�C�1!YIII_n��iFay A. Ridglea Place, L.P. ("Ridglea") and the City of Fort Worth, Texas (the "City") entered into that certain Tax Abatement Agreement ("Agreement") for Property Located 6056 Portrush Dr. Lot 52g Bloek 1R q Ridglea Place, Fort Worth, Texas 76116 ("Property") which is located in the Ridglea Village and Como Neighborhood Empowerment Zone, such Agreement approved by the City Council of Fort Worth November 18, 2003 City Secretary Contract Number 29894 ("Agreement"): B. Section 5 of the Agreement permits Assignor to assign all of its rights under the Agreement to Assignee, without obtaining the prior consent of the City Council: C. Pursuant to that certain Special Warranty Deed dated as of OSf%y/2009, Assignor conveyed the Property to Jeri Elkins and Assignee acquired title to the real property which is the subject of the Agreement. AGREEMENT NOW THEREFORE, in consideration of the mutual terms and conditions herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Assignment• Assignor hereby ASSIGNS, TRANSFERS AND CONVEYS all rights, duties, obligations, title and interest under the Agreement to Assignee. 2. Acceptance. Assignee hereby accepts the Assignment granted herein, and assumes all of Assignor's rights, duties and obligations arising under the Agreement. 3. Effective Date. The effective date of this Assignment is 05,44112009 ("Effective Date"). All rights, duties and obligations under the Agreement arising, accruing or relating to the period before the Effective Date are allocated to Assignor and all rights, duties and obligations arising, accruing or relating to the period thereafter shall be allocated to Assignee. 4. Release and Surrender of Assignor. Except as otherwise expressly set forth in this Assignment, Assignor will be discharged from any and all further obligations under rITY SECRETARY FT. WORTH, TX f the Agreement as of the Effective Date. Assignor must surrender the Property to the Assignee on or before 11959 p. in. on the date prior to the Effective Date in its present condition. Assignor relinquishes any right to any improvements, fixtures or equipment on the Property. 5. Representations. Assignor represents, warrants and covenants with Assignee that as of the Effective Date, that Assignor is not in default under any of its obligations contained in the Agreement. 6. City of Fort Worth's Consent. City of Fort Worth hereby consents to this Assignment upon the terms and conditions set forth herein. Unless and until City of Fort Worth has executed this Assignment, this Assignment is of no effect. The consent granted herein should not be construed as consent to any further assignment except as provided in the Agreement. The failure or delay of City of Fort Worth in seeking to enforce any provisions of the Agreement or this Assignment should not be deemed a waiver of rights or remedies that City of Fort Worth may have, or a waiver of any subsequent breach of the terms and provisions therein or herein contained. 7. Notices. Any notice given by any party to another party hereto must be given in the manner required under the Agreement. The addresses set forth below supercede any addresses for notices set forth in the Agreement. CITY OF FORT WORTH: City of Fort Worth Housing and Economic Development Department Neighborhood Empowerment Zone (NEZ) 1000 Throckmorton Fort Worth, Texas 76102 ASSIGNEE: Jeri Elkins 6056 Portrush Fort Worth, Texas 76116 ASSIGNOR: Michael Vick, President Boulevard Builders, LLC General Partner for Ridglea Place, LP 4809 Cole Avenue Suite 345 Dallas, Texas 75205 8. Successors. Except as herein otherwise provided, this Assignment will be binding upon and inure to the benefit of the parties, and their respective heirs, executors, administrators, successors and assigns. 9. Counterparts. This Assignment may be executed in multiple counterparts, each of which, once executed, will be an original and fully -binding on the parties so executing; and all such counterparts together constitute one and the same agreement. 10. Binding Offer. This Assignment will be not be binding until executed and delivered by all three parties. Ihl WITNESS WHEREOF, the parties have executed this Assignment as of the date first above written. ASSIGNOR: Boulevard Builders/Ridglea Place, L.P. (FICA —Ridglea Place, LP) General Partner for Boulevard Builders/Ridglea Place, LP ���iC�AL I�I�CORD �iTY S�CCRETAR�` L17. 'FORTH, TX CITY OF FORT WORTH T.M. Biggins Assistant City Manager ATTEST: City Secretary Charlene Sanders Assistant City Attorney M �i C: C-19864 C! I OFFICIAL RECOR® "ITY SECRETARY �I III ky" OI `, 11 OF TARRANT BEFORE ME, the undersigned authority, on this day personally appeared T.M. Higgins, Assistant City Manager of the CITY OF FORT WORTH, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the said CITY OF FORT WORTH, TEXAS, a municipal corporation, that he was duly authorized to perform the same by appropriate Mayor and Council Communication of the City Council of the City of Fort Worth and that he executed the same as the act of the said City for the purposes and consideration therein expressed and in the capacity therein stated. No the UNDER MY HAND AND SEAL OF OFFICE this 2009s Public in and for e of Texas ,sr�Y•�a�.nARtA �. SANt;HEZ NOTARY PUBLIC Py STATE OF TEXAS My Comm. Exp.12.14-2009 day of i OFFiGIAL REC�URO *ITX SECRETARY 7. NORTH, TX s :�OUNTY OF ! 1 y, RAI BEFORE ME, the undersigned authority, on this day personally appeared Don Lovelady, Manager of Boulevard Builders/Ridglea Place GP, LLC, General Partner for Boulevard Builders/Ridglea Place, L.P., (FKA) Ridglea Place, LP., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of Ridglea Place, L.P. IVEN UNDER, MY HAND AND SEAL OF OFFICE this �jf day of 2009. Notary Public in'and for s •• the State of Texas ••°•• LAVONNE S. KEITH a e Notary Public STATE OF TEXAS •;;'1�� Commission Expires 03/31/12 a... ®P p°°ee BEFORE ME, the undersigned authority, on this day personally appeared Jeri Elkins known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated. GIVEN UNDER MY HAND „i2009 Notary Public in sand for the State of Texas °",�•�,,•,, LpyONhlE �� ®4®l,® Plotary Public $ = STATE OF TEXAS e^ Commission Expires 03/39/12 AND SEAL OF OFFICE this /� day of 0 Loin Ntxtrt�er: 194090203646 ANTY DEED ►VOR OF THIRD PARTY YOU ARE A NATURAL PERSON, YOU F THE FALLOWING INFORMATION 3 AN INTEREST IN REAL PROPERTY PUBLIC RECORDS: YOUR SOCIAL �ENSE NUMBER, STOW ALL MEN BY THESE PRESENTS; ,� LP, A TEXAS LIMITED PARTNERSHIP (hereinafter called "GRANTORS" whether one or m ,for c ($10.00) and other good and valuable consideratio cash ' and id SINGLE WOMAN whose address is 6056 PortrUSh Drive, �L�JifS`rth, leration of the sum of TEN DOLLARS ,TERI LYN ELKINSI A (hereinafter called "GRANTEES" whether one or more) th re t acknowledged and confessed, and the further consideration o e in SIX THOUSAND ONE HUNDRED NINETY-SIX 1 DOLLARS ($ 206,196 , 00 } payable to the order of E )BA SUPREME LENDING (hereinafter referred to as "BENEFICIARY") at the special instance re of which is hereby acknowledged and confessed, and as evidence of such executed their note of even date herewith for said amount payable to the order at the rate therein provided, principal and interest being due and payable in and providing for attorney' s fees and acceleration of maturity at the rate and in is secured by the Vendor's Lien herein reserved and is additionally secured by a executed by the Grantees Herein to MICHAEL BURNS as 76116 sufficiency of which are hereby �ipal sum of TWO HUNDRED NANCIAL, INC. Trustee, reference to which is here made for all purposes; and in consideration of mentioned by the $enefieiary above mentioned, Grantors hereby transfer, set over, ass�i Beneficiary and assigns, the Vendors Lien and Superior Title herein retained and reserved a@ premises herein conveyed, in the same manner and to the same extent as if said note had been GENB2AL WARRANTY DE,EA WITH 04/24/07 IN Page 1 of 3 ;s herein, the receipt Grantees herein have y, bearing interest as therein set out, ��, which note f ev to herewith, DocMaglc above � said WW W. dOCl/ldgk: COlR by said Grantors assigned to the Beneficiary without recourse; have GRANTED, SOLD and CONVEYEQI yAhese presents do GRANT, SELL and CONVEY unto the said Grantees herein, the following described Y. together with all improvements thereon, to -wit: g1DD OCK 1R, RIDGLEA PLACE, AN ADDITION TO THE CITY OF FORT TRANT COUNTY, TEXAS, ACCORDING TO THE REVISED PLAT OF ION ECORDED IN CABINET A SLIDE 8638, PLAT RECORDS OF Y, TEXAS. 341R8 TO HA�N O D the above described premises, together with, all and singulaz, the rights and appurtenances th y elonging, unto the said Grantees, their heirs and assigns forever. And Grantors do hereby bind v , their heir executors and administrators, to warrant and forever defend all and singular, the said premises unto es ' Or , their irs and assigns, against every person whomsoever lawfully claiming or to claim the same an part f. Tr the current year have been prorated and are assumed by Grantee. This conveyance is e an ccepte I any and all validly existing restrictions, mineral reservations .and interests, conditions, cov , e e and rights of way, if any, applicable to and enforceable against the above described property as now re ed c co of the County Clerk in said County and State and to any applicable zoning laws or ordinances. But it is sxpressly agreed an ip to th Vend in favor of the payee in said note am§Lwe abov d i and all interest thereon is fully pai ordin o face become absolute. IMM Lien and the Superior Title are retained and reserved �roperty, premises and improvements, until said note, tenor, effect and reading thereof, when this deed shall The contract between GRANTOR, ler, GRANTEE , to the extent said contract provides for sac rtations to survive herein by reference, The warranty of title contained in referenced in this paragraph. When thus deed is executed by one person, or Qenthertinent verbs and pronouns were changed to corr xecutors and administrators" or "heirs and assigns� Bxecuted on this the I &I day of A\ BOULEVARD BUILDERS/RIDGLEA PLACE, PARTNERSHIP may contain limitations as to warranties; eyance they shall be deemed incorporated y expressly excluded from the limitations ant on rson, the instrument shag read as though d e aced by or to a corporation the words "heirs, be cons ed to mean "Successors and assigns". P,'�' TF,,XAS LIMITED GENERAL WARRANTY D® WITH VBJDOR'S LIEN IN FAVOR OF7HIRD PARTY OocAdagic 44f24/07 Page 2 of 3 www Oi JAZ -✓J as acn., 421 Le I I .yl,. ae Notary's Name Printed; My commission expires: S LIBV IN FAVQR OF THIRD Page 3 of 3 Submitter: Filed For Registration: Instmment #: i D209138065 NTY CLERK COURTHOUSE THERFORD 761 W0401 ANY PROVISION WHICH RESTRICTS THE SALE, RENT OF THE DESCRIBED REAL PROPERTY BECAUSE OF � RACE IS INVALID AND UNENFORCEABLE UNDER FED Printed try: MC Real Estate Data Display Page 1 of 2 TAD Home » Property Data Search » Back x3 `` Printable Version Value (Notice Homestead Exemption App 1 07/A1/2009 Account Nu111ber:40343987 G eo refe re n ce : 3 43 95 -1 R-52 Property Location: 6056 Portrush Dr, Fort Worth Owner Information: Elkins, Jeri Lyn 6056 Portrush Dr Fort Worth Tx 76116-5822 2 Prior Owners Legal Description: Ridglea Place Blk 1 R Lot 52 Taxing Jurisdictions: 026 City of Fort Worth 099 Regional Water District Show Available 220 Tarrant County Homestead Exemptions Locate with Map( - - -- — 224 Tarrant County Hospital Dist 225 Tarrant County College Dist 609 Cfw Pid #8 (Camp Bowie) 905 Fort Worth ISD This information is intended for reference only and is subject to change. It may not accurately reflect the complete status of the accoun actually carried in TAD's database. Proposed Values for Tax Year 2009 Land Impr 2009 Total** Market Value $70,000 $1505000 $2205000 Appraised Value* $70,000 $1505000 $220,000 Approximate Size*** 15970 .and Acres 0.0000 .and SgFt 0 Appraised value may be less than market value due to state -mandated limitations on value increases A zero value indicates that the property record has not yet been completed for the indicated tax year Rounded 5-Year Value History Tax Year XMPT Appraised Land Appraised Impr Appraised Total Market Land Market Impr Market Total 2008 000 $70,000 $150,000 $22%000 $70,000 $1505000 $22000 2007 000 $28,350 $0 $28,350 $28,350 $0 $28,350 2006 000 $285350 $0 $283350 $283350 $0 $28,350 2005 2004 1 000 1 000 1 $28,350 1 $353000 $0 $0 $2853501 $3530001 $28,3501 $35,000 $0 $0 $28,350 $35,000 2009 Notice Sent: 05/22/2009 Exemptions: None Property Data Deed Date:05/14/2009 Protest Deadline: 06/22/2009 Protest Filed Class: 009H Instrument: D209138065 State Code: 02 Sngle Fam Invty http://www. Lad.oi g/Datasearch/re.cfm?Account=%28%2F%21 OIJMO%3EIPP%20 07/21 /2009 Real Estate Data Display Page 2 of 2 1 Year Built: 2007 Central Air: Y Pct Completes 100 Central Heat: Y TAD Map@2024384 PooI:N MAPSCO: 074Q Agent: None Web site url: www.tad.org Questions and comments: webmaster@tad.org Real estate data updated: 07/21/2009 Copyright @ 1997 — 2009 Tarrant Appraisal District All rights reserved. http://www.tad.org/Datasearch/re.cfm?Account=%28%2F%210IJM0%3EIPP%20 07/21/2009