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HomeMy WebLinkAboutContract 38903^i FY r,''^MCF A �1OZ Nil NO . p►q 0 1.. ASSIGNMENT OF TAX ABATEMENT AGREEMENT This Assignment of Tax Abatement Agree is made and entered into by and between Boulevard Builders/Ridglea Place, LP (FKA - Ridglea Place, L.P.) ("Assignor") and Stacey R. Bieber, ("Assignee") and the City of Fort Worth, ("City") RECITALS 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 6061 Portrush Dr. Lot 44 Block 1R , 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 29873 ("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 04/30/2009, Assignor conveyed the Property to Stacey R. Bieber 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. Assi mg Went. 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 04/30/2009 ("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 OFFICIAL. � A CITY SECRUAK 1 1 �= t. WORTH, TX i' the Agreement as of the Effective Date. Assignor must surrender the Property to the Assignee on or before 11 *59 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: Stacey R. Bieber 6061 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. 2 9. CounteEparts. 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. IN 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) Boulevard Builders/Ridglea Place GP, LLC General Partner for Boulevard Builders/Ridglea Place, LP ' `� OFFICIAL RECORb (CITY SECRETARY 'T. WORTH, TX 3 CITY OF FORT WORTH T.M. Higgins Assistant City Manager ATTEST: =.. � � , •: ,�, � • . � l ,. 1. 1 Charlene Sanders Assistant City Attorney M & C: C-19864 j�' OFFICIAL RECUR® ? �1ITYSECRETARY To WORTHX TX. 0 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. CINDER MY HAND AND SEAL OF OFFICE this '� day of 2009. 7 Notary Public in and for the State of Texas S�Yr,,d c MAMA S. SpPlCHEZ NOTArly PUBLIC STATE OF TEXAS rF of t�}My Cosnrn. Exp. 'f 21 <<2009 5 OUNTY OF I !" 1 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., (FICA) 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 2009. Notary Public in and for the State of Texas �9��"v p6•`;�, STEVEN A. CANTWELL Notary Public MID * STATE OF TEXAS e+ra op � .�� Commission Expires 07/30/12 BEFORE ME, the undersigned authority, on this day personally appeared Stacey R. Bieber 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. GIVENr UNDER MY HAND AND SEAL OF OFFICE this �U day of Notary Public in and for the State of Texas STEVEN A. CANTWELL Notary Public STATE OF TEXAS Commission Expires 07/30/12 3 MOOON 8507 SC 33� SPECIAL WARRANTY DEED CONFIBENTIALITY RIOHTSt IF YAIl AR€ A NATURA6 PERSON[ YOU IE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM Date: Grantor: FORMERLY Grantor's Mailing Grantee: STACEY R Granteo� Mailing Address: Consideration: TEN AND receipt of which is hereby at Property (including any TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE D IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY ER'S LICENSE NUMBER. IRIDGLEA PLACE, LP, A TEXAS LIMITEb PARTNERSHIP, PLACE, LP, A TEXAS LIMITED PARTNERSHIP AUE, SUITE 345, PERSON DALLAS, TEXAS 75203 PALM �YAY, #3726, FORT MEYERS, FLORIDA 33966 LOT 44213LOCIC 1 R, Rl6GLEA PLACE, AN ADDIT[O TEXAS,ACCORDBVGTOTHEREVISEDPLATOF iD PLAT RECORDS, TARRANT COUNTY, TE f Reservations from and Exceptions to Conveyance THIS CONVEYANCE 1S EXECUTED, DELIVERED AND CAE FOR THE CURRENTYEAR,ROLLBACKTAXESDUETO HI SUBJECT PROPERTY, MAINTENANCE FUND LIEN ZOT ASSESSMENTS AND STANDBY FEES, IF ANY, ANY AN HY THE DEDICATION DEED OR PLAT OF THE SUBDIVISR LOCATED, RECORDED EASEMENTS, MINERAL RESERV. COVENANTS, CONDITIONS, RIGHTS OF WAY EASEMEN DESCRIBED PROPERTY BUT ONLY TO THE EXTENT THE SA and other ood and valuable considerationthe g, FORT WORTH, TARRANT COUNTY, :ORDED IN CABINET A, SLIDE 8638, �nJECT TOAD VALOREM TAXES ANCE OR GRANTEE'S USE OF THE %NCES, UTILITY DISTRICT TIY EASEMENTS CREATED 2AID REAL PROPERTY IS Grantor, for thewnsideration and subject to the reservations from and excepti s to s sells, and conveys to Grantee the property, together with all and singular the r hts , wise belonging, to have and hold it to Grantee, Grantce's heirs, executors, a forever. Grantor hereby binds Grantor and Grantor's heirs, executors, administra t forever defend all and singular the property to Grantee and Grantee's heirs, exceuto assigns, against everyperson whomsoever lawfully claiming or to claim the same or Reservations from Conveyance and the Exceptions to Conveyance and Warranty, v under Grantor, but not otherwise. Wartanty heed (WDvI) TAC1_000394 'sS, RESTRICTIONS, TING THE HEREIN SUBSISTING, warranty, grants, ces thereto in any ors, or assigns warrant and s, s cossors and e t os to the is bv, t uah. or e context requires, singular nouns and pronouns include the plural. BOULEVARD BUILDERS/RLDGLEA PLACE, L.P., BY: BOULEVARD BUILDERS/RIDGLEA PLACE GP, LLC, ITS GENERAL PARTNER„ DON LOVELADY, (Acknowledgment) This instrument was a o g ore me on the 3c?k�' day of � o`�x"�i . by DON LOVELADY, M G R O tD UL A BUILDERS/RHIGL1A PLACE GP, LLC, GENERAL PARTNEROFBOU EV B GLEAPLACE,LP,ATEXASLIMITEDPAR,T�VERSHIP,ON EHALFOFSAIDL ITE PANE We (/ Aublic, State of Texas �� Name (pi:i�tcd): s�ommission expires: NOTICE: This document affects {�outrleg�right�Read it carefully before signing. AFCI;R RECORDING RETURN TOe STAC;EY R BIEBER, A SINGLE PERSON (a(�bi�tar�cugh 1 W e (A�- Warranty Deed (WDvI) TAC1�000394 THE LAW OFFICE OF: VMAN 8 tAWLER VAL CORPORATION T LAW i i FT WOI Submitter. Filed For Registratfan: Instrument #: Q208118140 t009 02:16 PM 18140 �- o' 3 PGS NQERS4N NTY CLERK COURTHOUSE THERFORD 76166-0401 ANY PR4VISIQN WHICH RESTRICTS THE SALE, RENTAL OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLS RACE IS INVALID AND UNENFORCEABLE UNDER FEDERA Printed by: CA Real Estate Data Display Page 1 of 2 TAD Home » Property Data Search » Back Printable Version Value Notice ` Homestead Exemption App r Moto ATpTT • • §1 0 07/21/2009 Account Nu111be1:40343898 Georeference: 34395-1R-44 Property Location: 6061 Portrush Dr, Fort Worth Owner Information: Bieber, Stacey R 6061 Portrush Dr Fort Worth Tx 76116-5893 2 Prior Owners Legal Description: Ridglea Place Blk 1 R Lot 44 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 $705000 $12900 $19%800 Appraised Value* $70,000 $12%800 $19%800 Approximate Size*** 1,730 Land 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 $1293800 $19%800 $70,000 $129,800 $19%800 2007 000 $28,350 $0 $28,350 $28,350 $0 $28,350 2006 000 $285350 $0 $28,350 $28)350 $0 $28,350 2005 2004 000 000 $28,350 $35,0001 $0 $28,3501 $35,0001 $28,350 $35,000 $0 $0 $28,350 $35,000 2009 Notice Sent: 05/22/2009 Exemptions: None Property Data Deed Date:04/30/2009 Protest Deadline: 06/22/2009 Class: 009H Instrument: D209118140 State Code: 02 Sngle Fam Invty http://www.tad. org/Datasearch/re.cfm?Account=%28%2F%21 OIJMO%3 FI%40%2C%20 07/21 /2009 Real Estate Data Display Page 2 of 2 Garage Bays :02 Year Built: 2007 Central Air: Y Pct Completes 100 Central Heat: Y TAD Map: 2024 384 Pool: 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%21 OIJMO%3FI%40%2C%20 07/21/2009